HomeMy WebLinkAboutAgenda Packet 1992/04/21
Tuesday, April 21, 1992
6:00 p.m.
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DA.ll/..)~ ~-- I / ~-, ) _ SH:.iN:ED -_'';;-_ / .-r<~~'->.. -~.;>/: Council Chambers
( /' Public Services Building
Resrnlar Meetin\! of the City of Chula Vista City Council
CAll. TO ORDER
1.
ROll CAll.:
Councilmembers Grasser Horton ~ Malcolm ~ Moore ~ Rindone ~ and
Mayor Nader _'
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
March 26, April 7, and April 7, 1992 (City
Council/Redevelopment Agency)
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring all City flags to be flown at half-mast in mourning of the loss of
Keiichiro Yamahashi, Mayor of Odawara, Japan.
b. Proclaiming the week of April 19-25, 1992 as "PROFESSIONAL SECRETARIES WEEK". The
proclamation declaring the week of April 19.25, 1992 as "PROFESSIONAL SECRETARIES
WEEK" in the City of Chula Vista will be presented by Mayor Nader to Carla Griffm.
c. Proclaiming the Week of April 12-18, 1992 as "FAIR HOUSING WEEK". The proclamation
declaring the week of April 12-18, 1992 as "FAIR HOUSING WEEK" in the City of Chula
Vista will be presented by Mayor Nader to Eric Money-Penny, Fair Housing Officer for the
City of Chula Vista.
d. Proclaiming the Week of April 19-25 as "EARTH WEEK". The proclamation declaring the
week of April 19.25, 1992 as "EARTH WEEK" in the City of Chula Vista will be presented
by Mayor Nader to Athena Bradley, Conservation Coordinator and Barbara Bamburger,
Environmental Resource Manager.
e. Presentation by Tim Murphy of Elite Racing of a $10,000 gift from the proceeds of the
Arturo Barrios Invitational to the ChuIa Vista Public Ubrary . The gift is to purchase books
and videos for education and personal achievement of Hispanic youth.
CONSENT CALENDAR
(Items 5 through 23)
The stJJjf recommendJJtions regarding the following items listed under the Consent Calendar will be enJ1det1 by the
Cowu:il /Jy one motion witlwut discussion untess a Cowu:ilmember, a member of the public or Cily SkIff requests
that the item be puIIed for discussion. If you wish to speak on one of these items, please fill out a "RLquest to
Speak Form. available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the grem form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the SkIff
recommendl:Jtion.) Items pulted from the Consent Calendar wilt be discussed after Action Items and Boards and
Commission Recommendations. Items pulled by the public will be the first items of business.
Agenda
-2-
April 21, 1992
5. WRITTEN COMMUNICATIONS: None
6.
7.
8.
9.
ORDINANCE 2501
ORDINANCE 2502
ORDINANCE 2504
ORDINANCE 2505
AMENDING THE RANCHO DEL REY EMPLOYMENT PARK DESIGN
GmDEIJNES ADOPTED BY THE <JTY PURSUANT TO ORDINANCE
NUMBER 2244 (second readin5! and adootion) . The amendment will
increase the allowable wall.mounted sign area from 50 to 100 feet, the
number permitted from one facing the street to one per building side
including the building side facing East "H" Street, the sign area of wall.
mounted signs to a maximum of 150 feet, and the sign area of freestanding
signs. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Planning)
AMENDING CHAPTER 2.31 OF THE MUNICIPAL CODE RELATING TO THE
MOBILEHOME RENT REVIEW COMMISSION TO MAKE CERTAIN
TECHNICAL CHANGES AND CORRECI10NS (second readinsr and adootion)
In May, 1991, when the Council recognized by ordinance the Mobilehome
Rent Review Commission, it was recommended originally to have seven
members. At the last minute, a change was made to reduce the number
of voting members from seven to five. However, other sections of the
ordinance wherein reference was either made or implied that the
Commission had seven members was not corrected. The ordinance
amendment proposes to correct those references. In addition, it is the City
Attorney's recommendation to amend the ordinance to require that ex-
officio members have no interest in a mobilehome park, either as a tenant,
owner or manager. Staff recommends Council place the ordinance on
second reading and adoption. (City Attorney)
ADDING SECI10N 2.58.060 TO THE MUNICIPAL CODE REGULATING THE
PAYMENT OF PREVAlUNG WAGES FOR CONTRACfS LET BY THE CITY
(second readin5! and adootion) . The ordinance will elevate the existing
policy on the payment of prevailing wage, now contained in Resolution
12493, to the level of an ordinance, thereby clarifying that the Council is
not waiving any of its home rule authority granted to it by the State of
California as a charter city. Staff recommends Council place the ordinance
on second reading and adoption. (City Attorney and Director of Public
Works)
AMENDING SECI10N 2.14.080(A) OF THE MUNICIPAL CODE TO EXTEND
THE DURATION OF THE AUTHORITY OF THE CITY MANAGER TO
PROCLAIM A STATE OF LOCAL EMERGENCY UNI1L THE NEXT
REGULARLY SCHEDill.ED COUNCIL MEETING (first readinsr) . The
Municipal Code provides that the City Manager's proclamation of
emergency is only good for seven days after proclamation unless ratified by
the Council at a meeting conducted by them. The ordinance would extend
the City Manager's authority until the next regularly scheduled Council
meeting. Staff recommends Council place the ordinance on first reading.
(City Attorney)
Agenda
.3.
April 21, 1992
lOA ORDINANCE 2506 TECHNICAL CLEAN-UP AMENDING TITLES 1,2,3,5,6,9, 10, 12, 13, 14,
15, 17, 18, AND 19 OF THE MUNICIPAL CODE RELATING TO FEES AND
THE MASTER FEE SCHEDill.E (first readinl!:) . Phase I of a comprehensive
update of the Master Fee Schedule to transfer fees from the Municipal Code
to the Fee Schedule and make several principally administrative and
organizational changes in the Municipal Code and Master Fee Schedule.
Staff recommends Council place ordinance on first reading and approve the
resolution. (City Attorney and Director of Finance)
B. RESOLUTION 16579 ADOPTING AN AMENDED MASTER FEE SCHEDill.E WHICH REFLECTS
INCLUSION OF FEES APFECfED BY ORDINANCE 2506
11. RESOLUTION 16580 APPROPRIATING FUNDS FOR NON-PUBUC UABIUTY LEGAL COSTS
(JONES INTERCABLE LAWSlnT) . During the 1991/92 budget process the
City Attorney's office requested $110,000 in connection with the special
litigation costs anticipated to be incurred in connection with the Jones
Jntercable litigation, among other various cases. The request was reduced
by $30,000 with the understanding that if the litigation costs exceeded the
budgeted amount staff would request additional funding. It appears that
the original estimate will be required in order to pay the cost associated
with this litigation. Staff recommends approval of the resolution. 4/5th's
vote required. (City Attorney)
12. RESOLUTION 16581 ACCEPTING THE DONATION OF SEVERAL GUEST TOURS ABOARD THE
YACHT 'OSPREY" FROM THE BALDWIN COMPANY AND DESIGNATING
CITY REPRESENTATIVES. The Baldwin Company has offered to donate
several spots aboard the Chula Vista America's Cup flagship during the
America's Cup races. These guest spots would be a donation to the City
with all expenses paid by the company. Staff recommends approval of the
resolution and the City Manager designate appropriate City officials, staff,
board and commission members, and other individuals to fill the donated
spots. (City Manager)
13. RESOLUTION 16582 ACCEPTING BIDS AND AWARDING CONTRACf TO HAWIHORNE
MACHINERY COMPANY FOR THE PURCHASE OF VIBRATORY
ROLLER./COMPACfOR . Bids were received for the purchase of one
vibratory Roller/Compactor approved in the Py 1991/92 Equipment
Replacement Budget. A 1980 model roller will be traded.in. The
equipment is used by the Streets Division of Public Works Operations.
Staff recommends approval of the resolution. (Director of Finance)
14. RESOLUTION 16583 ACCEPTING BIDS AND AWARDING CONTRACfTO SAN DIEGO TRACfOR
FOR PURCHASE OF TRACfORILOADER . Bids were received for the
purchase of one Tractor/Loader approved in the Py 1991/92 Equipment
Replacement budget. A 1978 Tractor/Loader will be traded.in. The
equipment is used by the Streets Division of Public Works Operations.
Staff recommends approval of the resolution. (Director of Finance)
Agenda
-4-
April 21, 1992
15. RESOLUTION 16584 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
TRUCKS - Bids were received for the purchase of three vehicles approved
in the Py 1991/92 budget. Two vehicles are provided for in the Equipment
Replacement budget and the other one in the General Fund. The vehicles
will be used by Public Works Operations. Staff recommends approval of
the resolution. (Director of Finance)
16. RESOLUTION 16585 AFFIRMING THE TRIAL TRAFFIC REGULATION - PARKING PROHIBITED
AT AlL TIMES ON A PORTION OF PASEO DEL REY - On 8/13/91, a trial
traffic regulation establishing a parking prohibition on a portion of Paseo
del Rey was implemented pursuant to the provisions of Section 10.12.030
of the Chula Vista Municipal Code. "No Parking" signs were posted on
8/26/91. Staff recommends approval of the resolution. (Director of Public
Works)
17. RESOLUTION 16586 AFFIRMING THE TRIAL TRAFFIC REGULATION - STOP SIGNS ON LAKE
SHORE DRIVE AT EASTLAKE DRIVE - On 7/23/91, a trial traffic regulation
establishing an all-way stop on Lake Shore Drive and EastLake Drive was
implemented. Staff recommends approval of the resolution. (Director of
Public Works)
18. RESOLUTION 16587 INTENTION TO VACATE TWO PUBUC SEWER EASEMENTS AT 1144
BROADWAY AND SETI1NG THE DATE OF THE PUBUC HEARING - The
Price Company (Price Club) has submitted a request for the vacation of a
sewer easement at 1144 Broadway stating that the sewer line within the
easement has been relocated because of an addition to the building. In
addition, they have agreed to vacate another easement so that all sewers
within the parcels will be privately owned and maintained. Staff
recommends approval of the resolution. (Director of Public Works)
19. RESOLUTION 16588 ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORT FOR
CITY OPEN SPACE MAINTENANCE DISTRICT NUMBER ELEVEN FOR
FISCAL YEAR (FY) 1991/92 - In order to begin the process of levying the
annual assessment for parcels within Open Space District No. 11, the City
Engineer must prepare and file an annual report. The resolution begins
the process of renewal for Py 1992/93. Staff recommends approval of the
resolution. (Director of Public Works)
20. RESOLUTION 16589 ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORTS FOR
AlL CITY OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR (FY)
1992193 EXCEPT DISTRICT ELEVEN - In order to begin the process of
levying the annual assessment for parcels within all open space districts,
the City Engineer must prepare and file an annual report for each district.
The resolution begins the process of renewal for Py 1992/93. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
-5-
April 21, 1992
21. RESOLlITION 16590 AUTHORIZING THE CI1Y MANAGER TO BEGIN THE PROCEEDINGS FOR
THE FORMATION OF THE PROcrOR VALLEY SEWER RElMBURSEMENT
DISTRIcr . The Baldwin Company, developers of Salt Creek I, are
requesting that the City establish a reimbursement district to repay them
for offsite and oversized sewer mains they constructed with development
of their subdivision. Staff recommends approval of the resolution.
(Director of Public Works)
22. RESOLlITION 16591 APPROVING AMERICAN GOlFS REQUEST TO SUBLHASE THE GOLl'
COURSE RESTAURANT AND BAR TO PRESTIGE HOSPITALITY SERVICES .
American Golf Corporation (AGC) has requested permission to sublease the
Golf Course Restaurant and Bar operation to Mr. Chris Champion,
President, Prestige Hospitality Services Company; in accordance with the
Agreement between AGC and the City of Chula Vista for the operation of
the Golf Course Restaurant and Bar facility. Staff recommends approval of
the resolution. (Director of Parks and Recreation)
23. REPORT REQUEST BY THE FIREHOUSE CYCIJNG TEAM TO CONDucr A BICYCLE
RACE ON MAY 2, 1992 . The Firehouse Cycling Team from the La Jolla
YMCA is requesting permission to conduct a bicycle race (criterium) in the
EastLake Business Park area on Saturday, May 2, 1992. Staff recommends
Council accept the report and approve the request subject to staff
conditions. (Director of Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLlITIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required /Jy law. If you wish to speak
to any item, please fill out the 'Request to Speak Form' available in the /ob/Jy and submit it to the Cily Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual.
24.
PUBUC HEARING
CONCERNING THE COMPREHENSIVE HOUSING AFFORDABIU1Y
STRATEGY (CHAS) - The National Affordable housing Act of 1990 requires
jurisdictions to submit a Comprehensive Housing Affordability Strategy
(CHAS) to the Department of Housing and Urban Development (HUD) in
order to receive funding. Staff recommends Council accept the report and
approve the resolution. (Director of Community Development)
A REPORT
DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABIIJ1Y
STRATEGY (CHAS)
B. RESOLlITION 16592 ADOPTING THE COMPREHENSIVE HOUSING AFFORDABIIJ1YSTRATEGY
(CHAS) AND FORWARDING THE CHAS TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
Agenda
.6.
April 21, 1992
25.
PUBUC HEARING
PCS-91-01: CONSIDERATION OF A TENTATIVE SUBDMSION MAP FOR
SALT CREEK I CONDOMINIUMS, CHULA VISTA TRACf 91'{)1 - BAlDWIN
COMPANY. The applicant proposes to subdivide 9.3 acres in the Planned
Community (PC) zone into 10 multi.family lots and one open space lot for
141 dwelling units to include low and moderate income housing. Staff
recommends approval of the resolution. (Director of Planning)
RESOLUTION 16593 APPROVING PCS-91-01: TENTATIVE SUBDMSION MAP FOR SALT CREEK
I CONDOMINIUMS, CHULA VISTA TRACf 91'{)1 - THE BALDWIN
COMPANY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Cily Cowu:il on any subject matter within the Cowu:il's
jurisdiaion thI1l is not an item on this agenda. (State law, however, generally prohibits the Cily Cowu:il from
taking action on any issues not included on the posted agenda.) If you wish to address the Cowu:il on such a
subject, please complete the yellow "Request to Speak Undo Oral Cornnwnications Form. avaiJalJk in the tob/Jy
and submit it to the Cily Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agel1lUJ are expected to elicit substan.tiol discussions and deliberations /Jy the
Cowu:il, staff, or members of the general public. The items will be considered individually /Jy the Cowu:il and staff
recommendations nwy in certain cases be presented in the alternative. Those who wish to speak, please fill out
a .RLquest to Speak" form avaiJJJble in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
26.A. REPORT CHULA VISTA TRANSIT (CVT) SERVICE CHANGES FOR FISCAL YEAR (FY)
1992193 . The report presents proposed CVT service changes for Py
1992/93. Staff recommends Council accept the report and recommend to
the Scoot Board that they approve the proposed CVT service for Py
1992/93. (Director of Public Works)
B. RESOLUTION 16594 AUTHORIZING SCOOT SUBMISSION OF FISCAL YEAR (FY) 1992/93
TRANSPORTATION DEVELOPMENT ACf (TDA) ARTICLE 4.0 CLAIM. The
Scoot claim for Py 1992/93 is $5,769,000 consisting of $5,669,775 claimed
against the City of Chula Vista's apportionment and $99,225 claimed
against the County of San Diego's apportionment. Staff recommends
approval of the resolution. (Director of Public Works)
C. RESOLUTION 16595 APPROVING AGREEMENT WITH SCOOT FOR TRANSIT SERVICE IN
FISCAL YEAR (FY) 1992/93 . The agreement specifies transit service be
provided by Scoot in the City of Chula Vista for Py 1992/93. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
.7.
April 21, 1992
27.A. RESOLUTION 16596 APPROVING SUBMISSION OF FISCAL YEAR (FY) 1992193
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 AND
PROPOSITION A CLAIM FOR HANDYTRANS OPERATION . The Py
1992/93 claim consists of$225,600 in TDA Article 4.5 funds and $21,560
in Proposition A funds. Staff recommends approval of the resolution.
(Director of Public Works)
B. RESOLUTION 16597 APPROVING SECOND AMENDMENT TO AGREEMENT WITH DAVE
TRANSPORTATION SERVICE, INC. FOR HANDYTRANS OPERATION. The
second amendment extends Handytrans service provided by DAVE
Transportation Services, Inc. for Py 1992/93. Staff recommends approval
of the resolution. (Director of Public Works)
28. REPORT PCM-92-14: ALCOHOL SALES FACJUTIES IN NElGHBORHOOD
COMMERCIAL (C-N) ZONES - On 2/11/92, Council directed the Planning
Department, with assistance from the Police Department and input from
the State Department of Alcoholic Beverage Control (ABC), to prepare a
report and recommendation on the number of alcohol sales facilities that
should be allowed within a C.N zone. Some concern has also been
expressed with concurrent sales of gasoline and alcohol, particularly within
a C-N zone. The report addresses both issues. Staff recommends Council
not adopt any local standards with respect to the concentration or
concurrent sales of alcohol, but continue to rely on the State Department
of Alcoholic Beverage Control process to regulate the establishment of
alcohol sales facilities in the C-N zone. (Director of Planning)
29. RESOLUTION 16598 AMENDING THE COUNCJL POUCY ON SEWER SERVICE TO PROPERTY
NOT WI11'IIN THE CJTY BOUNDARY. Council Policy 570-02 was created
to allow County residents near existing City sewers who were not
contiguous to the City boundary and, thus not able to annex, to connect to
City sewers. The policy states that any County resident wishing sewer
service from a City sewer main must enter into an agreement with the City
to not sign a written protest petition, or otherwise file a formal written or
oral protest of annexation at the Conducting Authority level of annexation
proceedings. In a previous action, a resident of El Rancho Vista that had
requested annexation and sewer service was denied that service because
the area opposed annexation. Staff has received several requests for sewer
service from county residents and, in light of the policy and past actions,
believe that the policy needs to be reviewed. Staff recommends approval
of the resolution. (Director of Public Works)
30.A. ORDINANCE 2507 REPEAUNG EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE AD
ADOPTING A NEW CHAPTER 15.20 OF THE MUNICIPAL CODE RELATING
TO THE ADOPTION OF THE UNIFORM BlITLDING CODE, 1991 ADDITION
(first readin5!l . The Board of Appeals and Advisors at their 3/23/92
meeting unanimously approved the recommended adoption of the 1991
Edition, Uniform Building Code. Staff recommends Council place the
ordinance on first reading. (Director of Building and Housing)
Agenda
-8.
April 21, 1992
B. ORDINANCE 2508 REPEAUNG EXISTING CHAPTER 15.28 OF THE MUNlCIPAL CODE AND
ADOPTING ANEW CHAPTER 15.28 OF THE MUNlCIPAL CODE RELATING
TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1991 EDmON
(first readin5!) - The Board of Appeals and Advisors at their 3/23/92
meeting unanimously approved the recommended adoption of the 1991
Edition, Uniform Plumbing Code. Staff recommends Council place the
ordinance on first reading. (Director of Building and Housing)
C. ORDINANCE 2509 REPEAUNG EXISTING CHAPTER 15.16 OF THE MUNlCIPAL CODE AND
ADOPTING ANEW CHAPTER 15.16 OF THE MUNlCIPAL CODE RELATING
TO THE ADOPTION OF THE UNIFORM MECHANICAL CODE, 1991
EDITION (first readin5!) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the
1991 Edition, Uniform Mechanical Code. Staff recommends Council place
the ordinance on first reading. (Director of Building and Housing)
D. ORDINANCE 2510 REPEAUNG EXISTING CHAPTER 15.20 OF THE MUNlCIPAL CODE AND
ADOPTING A NEW CHAPTER 15.20 OF THE MUNlCIPAL CODE RELATING
TO THE ADOPTION OF THE UNIFORM HOUSING CODE, 1991 EDITION
(first readin5!) . The Board of Appeals and Advisors at their 3/23/92
meeting unanimously approved the recommended adoption of the 1991
Edition, Uniform Housing Code. Staff recommends Council place the
ordinance on first reading. (Director of Building and Housing)
31.A. RESOLUTION 16599 CERTIFYING THE FINAL ENVIRONMENTAL IMPACf REPORT AND
ADDENDUM THERETO ON THE OTAY VAlLEY ROAD WIDENING
PROJECf (ElR 89-01) . Council's actions would certify the Final EIR and
also represent an initial step in the assessment district proceedings for the
proposed improvement of Otay Valley Road from 1-805 to the easterly City
boundary. One of the actions is to set the public hearing on the
assessment district for 5/26/92 at which time public testimony will be
taken on the proposed assessment district. Staff recommends approval of
the resolutions. (Director of Public Works)
B. RESOLUTION 16600 ADOPTING MAP SHOWING AMENDED BOUNDARIES OF ASSESSMENT
DISTRICf NUMBER 90-2 (OTAY VAlLEY ROAD)
C. RESOLUTION 16601 DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICf; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT;
DESCRIBING THE DISTRICf TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS
FOR ASSESSMENT DISTRICf NUMBER 90-2 (OTAY VAlLEY ROAD)
D. RESOLUTION 16602 PASSING ON THE "REPORT" OF THE ENGINEER, GMNG PREUMlNARY
APPROVAL, AND SETTING A TIME AND PLACE FOR THE PUBUC
HEARING IN ASSESSMENT DISTRICf NUMBER 90-2 (OTAY VAlLEY
ROAD)
Agenda
.9.
April 21, 1992
32. RESOLUTION 16603 AUTHORIZING TRANSFER OF FUNDS FROM TRUNK SEWER RESERVE
FUND (FUND 222) AND APPROVING ADDITIONAL APPROPRIATIONS
INfO THE SEWER BUDGET FROM THE MONfGOMERY SEWER SERVICE
REVENUE FUND (FUND 223) AND THE SEWER SERVICE REVENUE FUND
(FUND 225) . The City of San Diego recently reviewed the requirements for
financing the Clean Water Program (CWP) Capital Improvements and
determined that all the agencies participating in the Metropolitan Sewage
System should be billed for the Fiesta Island Replacement Program (FIRP),
State Ocean Plan (SOP), and Clean Water Program (CWP) administrative
costs. This increased the billings to the City and will also increase our
payments to the Spring Valley Sanitation District for FY 1991/92. Due to
these increased costs and increased billing charges from Sweetwater
Authority and Otay Water District, it is necessary to appropriate into the
sewer budget the additional amounts of $232,030 and $1,224,537 from
Funds 223 and 225, respectively. Staff recommends approval of the
resolution. 4/5th's vote required. (Director of Public Works)
33. REPORT PROSPECTIVE ENROLLMENf IN THE CAUFORNlA NATURAL
COMMUNITIES CONSERVATION PROGRAM. Planning Department staff
has been working with County Planning Department staff, several area
property owners and the California State Resources Agency to prepare
enrollment in the State's Natural Communities Conservation Program
(NCCP). The NCCP is intended to provide for comprehensive natural
preserve areas to protect threatened plant and animal species. The State
has indicated their wish that Chula Vista enroll in this program prior to
5/1/92. Staff recommends Council accept the report and direct staff to
enroll the City of Chula Vista into a South County NCCP along with the
County of San Diego and numerous property owners in the South County
area. (Director of Planning)
34. REPORT STATUS OF RELOCATION MOBILEHOME PARKEFPORT. Council directed
staff to provide a report on the status of the effort to provide a Relocation
Mobilehome Park for residents of Chula Vista who might be displaced by
closure of mobilehome parks in which they reside. The report covers the
need for such a park, the background of the City's efforts to date and
analysis of possible sites for a Relocation Mobilehome Park, and alternate
forms of assistance to mobilehome park displaces. Staff recommends
Council accept the report. (Director of Community Development)
35. RESOLUTION 16572 APPROVING FIRST AMENDMENr TO AGREEMENT wrrn JONES AND
ROACH, INC. PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS. Staff has already contracted for
twelve appraisal reports costing $21,720. Staff needs to obtain appraisals
for at least seventeen additional parcels that need to be acquired prior to
6/39/92. The additional cost of these appraisals will exceed the $25,000
as approved by the City Manager and authorized by the agreement. Staff
recommends approval of the resolution. Continued from the 4fl/92
meeting. (Director of Public Works)
Agenda
.10.
April 21, 1992
36. RESOLUTION 16576 DETERMINING CAVES BID A IS NON-RESPONSIVE; ACCEPTING CAVES
BID B AS THE LOWEST RESPONSIBLE BIDDER; RE-APPROPRIATING
FUNDS, AND AWARDING CONTRACf FOR "FIFTH AVENUE
IMPROVEMENTS BE1WEEN NAPLES AND ORANGE IN THE <JTY OF
CHULA VISTA, CAUFORNIA"; AND RESERVING THE RIGHT TO REJECf
AU. OTHER BIDS . On 3/4/92 sealed bids were received for street
improvement work identified in the bid specifications "Fifth Avenue
Improvements Between Naples Street and Orange Avenue in the City of
Chula Vista, CA". Eighteen bids were received from nine separate
contractors each of which submitted two alternate bids: one based on the
premise that they would have to pay their labor prevailing wages and one
on the premise that they would not have to pay such wage scale. The
lowest bid, which was a non-prevailing wage bid, but was defective in a
manner that should not, in the opinion of the City Attorney, permit waiver
of defects. Staff recommends approval of the resolution. Continued from
the 4/7/92 meeting. (City Attorney and Director of Public Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the tUne the Cily Cowu:iJ will consider items which have been forwarded to them for consideration /Jy one
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PUlLED FROM THE CONSENT CALENDAR
This is the tUne the City Cowu:il will discuss items which have been removed from the Consent Calendor. Agenda
items pulled at the request of the public will be considered prior to those pulled /Jy Cowu:ibnembers. Public
comments are timited to five minutes per individuaL
OTHER BUSINESS
37. CITY MANAGER'S REPORT(S)
a_ Scheduling of meetings.
38. MAYOR'S REPORT(S)
a. Earth Day Committee
39. COUNCIL COMMENTS
Councilman Malcolm
a. Legislative Analysis: Requiring Council Action; not addressed by Legislative Program
Agenda
.11.
April 21, 1992
AB 3734 (Hauser) City Representation on APCD Governin5! Boards - AB 3734 proposes to
require that APCD governing boards include membership from both cities and counties.
b. Olympic Training Center Boathouse/Otay Valley Regional Park Committee.
c. Approval of proposed caretaker facility for tree farm.
d. Approval of tree farm contract with Frank Ferreira.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - Vista Hill Hospital
Potential litigation pursuant to Government Code Section 54956.9 . Appropriate Technologies
Pending litigation pursuant to Government Code Section 54956.9 . Jones Intercable
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 28,
1992 at 6:00 p.m. in the City Council Chambers.
A special Redevelopment Agency meeting will be held immediately following the City Council meeting.
MINUTES OF A REGULAR MEETING OF THE
CITY OF CHUl.A VISTA
Tuesday, April 21, 1992
6:05 p.m.
Council Chambers
Public Services Building
CAll. TO ORDER
1. ROll CAIJ.:
PRESENT:
Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor
Nader.
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk.
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
March 26, April 7, and April 7, 1992 (City
Council/Redevelopment Agency)
Mayor Nader said that on the April 7, 1992 Council minutes should reflect changing the word "debt" to
"deficit" and he thought the minutes should note that it was not minor, at least to an economist.
MSC (Moore/MalcoIm) to approve the minutes: March 26, 1992 approved 4-lM).1 with Mayor Nader
abstaining; April 7, 1992, as amended, approved unanimously; and, April 7, 1992 (City
Council/Redevelopment Agency), approved unanimously.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring all City flags to be flown at half-mast in mourning of the loss of Keiichiro
Yamahashi, Mayor of Odawara, Japan. Mayor Nader read the proclamation.
International Friendship Commission Chair T eri Thomas stated that on behalf of the City and the people of
Chula Vista, she sent a letter and poem, which she read, to Mayor Yamahashi's family.
b. Proclaiming the week of April 19-25, 1992 as 'PROFESSIONAL SECRETARIES WEEK". The
proclamation was presented by Mayor Pro Tern Malcolm to Carla Griffin who accepted the proclamation on
behalf of the secretaries of the City of Chula Vista.
c. Proclaiming the Week of April 12-18, 1992 as "FAIR HOUSING WEEK". The proclamation was
presented by Mayor Pro Tern Malcolm to Eric Money.Penny, Fair Housing Officer for the City of Chula Vista.
Mr. Money-Penny stated that they had sixteen poster awards to give out and several honorable mentions.
He presented the awards to the children who were present.
d. Proclaiming the Week of April 19-25 as "EARTH WEEK". The proclamation was presented by Mayor
Pro Tern Malcolm to Barbara Bamburger, Environmental Resource Manager. Mayor Nader stated there were
Minutes
April 21, 1992
Page 2
Earth Day festivities being held at the Nature Interpretive Center on Saturday, 4/25/92, and at the Earth
Fair in Balboa Park.
e. Presentation by Tim Murphy of Elite Racing of a $10,000 gift from the proceeds of the Arturo Barrios
Invitational to the ChuIa Vista Public Ubrary . On behalf of Arturo Barrios, the generous sponsors of the
race, the race committee and the more than 2,000 participants, Mr. Murphy presented the check to Mayor
Nader for the purchase of books and videos for education and personal achievement of Hispanic youth of
the City of Chula Vista. He said the Fourth Annual Arturo Barrios Invitational was tentatively scheduled for
10/18/92 and they were hoping to again make a donation for the youth of Chula Vista from that event.
CONSENT CALENDAR
(Items pulled: 12 and 15)
John Goss, City Manager, stated American Golf Corporation had requested Item 22 be removed from the
agenda and it would be brought back by staff at the appropriate time.
BALANCE OF THE CONSENT CALENDAR, AS AMENDED, OFFERED BY COUNCILMAN MOORE, reading of
the text was waived, passed and approved 4--1 with Mayor Nader opposed on Item 8, the remaining items
were approved unanimously.
5. WRITTEN COMMUNICATIONS: None
6. ORDINANCE 2501 AMENDING THE RANCHO DEL REY EMPLOYMENT PARK DESIGN
GrnDELINES ADOPTED BY THE CI1Y PURSUANT TO ORDINANCE NUMBER 2244 (second readin5! and
adoption) . The amendment will increase the allowable wall.mounted sign area from 50 to 100 feet, the
number permitted from one facing the street to one per building side including the building side facing East
"H" Street, the sign area of wall.mounted signs to a maximum of 150 feet, and the sign area of freestanding
signs. Staff recommends Council place the ordinance on second reading and adoption. (Director of
Planning)
7. ORDINANCE 2502 AMENDING CHAPTER 2.31 OF THE MUNlCIPAL CODE RELATING TO nm
MOBlLEHOME RENT REVIEW COMMISSION TO MAKE CERTAIN TECHNICAL CHANGES AND
CORRECI10NS (second readin5! and adoption) In May, 1991, when the Council recognized by ordinance the
Mobilehome Rent Review Commission, it was recommended originally to have seven members. At the last
minute, a change was made to reduce the number of voting members from seven to five. However, other
sections of the ordinance wherein reference was either made or implied that the Commission had seven
members was not corrected. The ordinance amendment proposes to correct those references. In addition,
it is the City Attorney's recommendation to amend the ordinance to require that ex.officio members have
no interest in a mobilehome park, either as a tenant, owner or manager. Staff recommends Council place
the ordinance on second reading and adoption. (City Attorney)
8. ORDINANCE 2504 ADDING SECI10N 2.58.060 TO THE MUNlCIPAL CODE REGULATING THE
PAYMENT OF PREVAlUNG WAGES FOR CONTRACTS LET BY THE CI1Y (second readin5! and adoption) .
The ordinance will elevate the existing policy on the payment of prevailing wage, now contained in
Resolution 12493, to the level of an ordinance, thereby clarifying that the Council is not waiving any of its
.
.
Minutes
April 21,1992
Page 3
home rule authority granted to it by the State of California as a charter city. Staff recommends Council
place the ordinance on second reading and adoption. (City Attorney and Director of Public Works)
Mayor Nader voted no.
9. ORDINANCE 2505 AMENDING SECllON 2.14.080(A) OF THE MUNlOPAL CODE TO EXTEND
THE DURATION OF THE AUTHORITY OF THE OTY MANAGER TO PROCLAIM A STATE OF LOCAL
EMERGENCY UNTIL THE NEXT REGULARLY SCHEDULED COUNOL MEETING (first readin5!) . The
Municipal Code provides that the City Manager's proclamation of emergency is only good for seven days after
proclamation unless ratified by the Council at a meeting conducted by them. The ordinance would extend
the City Manager's authority until the next regularly scheduled Council meeting. Staff recommends Council
place the ordinance on first reading. (City Attorney)
Bruce Boogaard, City Attorney, informed Council there was a new Item 9 which proposed additional
language.
There being no objection, Mayor Nader stated the new language would be included under the Consent
Calendar.
10.A. ORDINANCE 2506 TECHNICAL CLEAN-UP AMENDING TITI.ES 1,2,3,5,6,9,10,12,13,14,
15, 17, 18, AND 19 OF THE MUNICIPAL CODE RELATING TO FEES AND THE MASTER. FEE SCHEDULE'
(first readin5!) . Phase I of a comprehensive update of the Master Fee Schedule to transfer fees from the
Municipal Code to the Fee Schedule and make several principally administrative and organizational changes
in the Municipal Code and Master Fee Schedule. Staff recommends Council place ordinance on first reading
and approve the resolution. (City Attorney and Director of Finance)
B. RESOLUTION 16579 ADOPTING AN AMENDED MASTER. FEE SCHEDULE WHICH REFLECTS
INCLUSION OF FEES AFFECTED BY ORDINANCE 2506
11. RESOLUTION 16580 APPROPRIATING FUNDS FOR NON-PUBUC UABIUTY LEGAL COSTS
(JONES INTERCABLE lAWSUIT) - During the 1991/92 budget process the City Attorney's office requested
$110,000 in connection with the special litigation costs anticipated to be incurred in connection with the
Jones Intercable litigation, among other various cases. The request was reduced by $30,000 with the
understanding that if the litigation costs exceeded the budgeted amount staff would request additional
funding. It appears that the original estimate will be required in order to pay the cost associated with this
litigation. Staff recommends approval of the resolution. 4/Sth's vote required. (City Attorney)
12. RESOLUTION 16581 ACCEPTING THE DONATION OF SEVERAL GUEST TOURS ABOARD THE
YACHT .OSPREY" FROM THE BALDWIN COMPANY AND DESIGNATING OTY REPRESENTATIVES. The
Baldwin Company has offered to donate several spots aboard the Chula Vista America's Cup flagship during
the America's Cup races. These guest spots would be a donation to the City with all expenses paid by the
company. Staff recommends approval of the resolution and the City Manager designate appropriate City
officials, staff, board and commission members, and other individuals to fill the donated spots. (City
Manager) Pulled from the Consent Calendar.
Minutes
April 21, 1992
Page 4
Donald M. Swanson, 187 Murray St., Chula Vista, CA, representing the Chula Vista Board of Ethics, spoke
in opposition to staff recommendation. He said that if the gift from Baldwin Company was accepted, then
a lottery should be conducted.
Councilman Malcolm said any Councilmember or staff member that wished could go on the boat but it
would require them to disclose it on their financial disclosure statement, depending on the fair market value
of the gift. .
MS (Malcolm/Moore) to file the item.
Mayor Nader asked that staff find out the value and inform Council.
Councilman Rindone said he did not agree with filing it because he thought it was a wonderful opportunity
for the citizens of the community to participate. He thought it should be accepted and a lottery conducted
specifically for the residents of Chula Vista.
Mayor Nader responded that he would agree if Baldwin made them available to the community but that had
not been the offer. He suggested a lottery be explored if Baldwin made the donation to the City.
VOTE ON MOTION: approved unanimously.
13. RESOLUTION 16582 ACCEPTING BIDS AND AWARDING. CONTRACT TO HAWTHORNE
MACHINERY COMP~ FOR THE PURCHASE OF VIBRATORY ROlLER/COMPACTOR. Bids were received
for the purchase of one vibratory Roller/Compactor approved in the FY 1991/92 Equipment Replacement
Budget. A 1980 model roller will be traded-in. The equipment is used by the Streets Division of Public
Works Operations. Staff recommends approval of the resolution. (Director of Finance)
14. RESOLUTION 16583 ACCEPTING BIDS AND AWARDING CONTRACT TO SAN DIEGO TRACTOR
FOR PURCHASE OF TRACTORILOADER . Bids were received for the purchase of one Tractor/Loader
approved in the Py 1991/92 Equipment Replacement budget. A 1978 Tractor/Loader will be traded.in. The
equipment is used by the Streets Division of Public Works Operations. Staff recommends approval of the
resolution. (Director of Finance)
15. RESOLUTION 16584 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
TRUCKS. Bids were received for the purchase of three vehicles approved in the Py 1991/92 budget. Two
vehicles are provided for in the Equipment Replacement budget and the other one in the General Fund. The
vehicles will be used by Public Works Operations. Staff recommends approval of the resolution. (Director
of Finance) Pulled from the Consent Calendar.
Councilman Malcolm said he preferred using local businesses whenever possible. He thought because the
City received a percentage from sales tax collected they would end up actually buying it for less through
Fuller Ford even though they were not the lowest bidder. He thought they should look at more than just
the low bid and that they should bend over backwards to help Chula Vis tans.
Lyman Christopher, Director of Finance, said the City did have an informal policy that staff try to take into
account the percentage of sales tax that would be returned to the City from a local vendor, which staff had
done. The problem was there were certain bid specifications required in terms of the color of the vehicle
and Fuller Ford did not meet the bid specifications forthe color of the paint used on the Public Works vehicles.
Minutes
April 21, 1992
Page 5
Councilman Malcolm asked if staff had called Fuller Ford to inquire if they could order the right color when
ordering the car.
Mr. Christopher responded that there was a bid requirement of a lime yellow color to match the other
vehicles. Fuller Ford's bid specified the factory color of white. Staff estimated it would cost $400 to $500
to paint the vehicles which would definitely make Fuller Ford higher than Drew Ford, even after taking into
account sales tax percentage.
Councilman Moore asked if a lime color vehicle could be bought off the line.
Mr. Christopher stated that he did not know if it could be bought off the line, that it may have to be painted
the color specified after it was manufactured.
Councilman Malcolm stated that EI Cajon Ford offered a $700 trade-in, Drew Ford offered an $800 trade.in
and Downey Auto Center offered a $1,200 trade-in. Because Fuller Ford only offered a $300 trade.in, which
was less than half of everyone else, their actual purchase price, less sales tax was the least expensive one
to buy. He suggested staff call Fuller Ford to see what they could do regarding trade. in and color.
MS (Malcolm/Nader) to refer back to staff to look into the paint color and trade-in.
Mayor Nader suggested staff check to see if the low bidder could provide a better deal if relieved of the
requirement to paint the truck lime green, take the sales tax rebate to the City into account, and then go
with the best deal.
Councilman Rindone thought they needed to be careful not to change the rules after all the bids were known
and to be aware of any legal ramification.
VOTE ON MOTION: approved unanimously.
16. RESOLlITION 16585 AFFIRMING THE TRIAL TRAFFIC REGULATION _ PARKING PROHIBITED
AT AlL TIMES ON A PORTION OF PASEO DEL REY . On 8/13/91, a trial traffic regulation establishing a
parking prohibition on a portion of Paseo del Rey was implemented pursuant to the provisions of Section
10.12.030 of the Chula Vista Municipal Code. "No Parking" signs were posted on 8/26/91. Staff
recommends approval of the resolution. (Director of Public Works)
17. RESOLlITION 16586 AFFIRMING TI-IE TRIAL TRAFFIC REGULATION _ STOP SIGNS ON LAKE
SHORE DRIVE AT EASTI.AKE DRIVE . On 7/23/91, a trial traffic regulation establishing an all.way stop on
Lake Shore Drive and EastLake Drive was implemented. Staff recommends approval of the resolution.
(Director of Public Works)
18. RESOLlITION 16587 INTENTION TO VACATE 1WO PUBUC SEWER EASEMENTs AT 1144
BROADWAY AND SETTING THE DATE OF THE PUBUC HEARING _ The Price Company (Price Club) has
submitted a request for the vacation of a sewer easement at 1144 Broadway stating that the sewer line
within the easement has been relocated because of an addition to the building. In addition, they have
agreed to vacate another easement so that all sewers within the parcels will be privately owned and
maintained. Staff recommends approval of the resolution. (Director of Public Works)
Minutes
April 21, 1992
Page 6
19. RESOLUTION 16588 ORDERING THE OTY ENGINEER TO PREPARE AND FILE REPORT FOR
OTY OPEN SPACE MAINTENANCE DISTRICT NUMBER ELEVEN FOR FISCAL YEAR (FY) 1991/92 . In order
to begin the process oflevying the annual assessment for parcels within Open Space District No. 11, the City
Engineer must prepare and file an annual report. The resolution begins the process of renewal for Py
1992/93. Staff recommends approval of the resolution. (Director of Public Works)
20. RESOLUTION 16589 ORDERING THE OTY ENGINEER TO PREPARE AND FILE REPORTS FOR
AlL OTY OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR (FY) 1992193 EXCEPT DISfRICT
ELEVEN . In order to begin the process of levying the annual assessment for parcels within all open space
districts, the City Engineer must prepare and file an annual report for each district. The resolution begins
the process of renewal for Py 1992/93. Staff recommends approval of the resolution. (Director of Public
Works)
21. RESOLUTION 16590 AUTHORIZING THE OTY MANAGER TO BEGIN THE PROCEEDINGS FOR
THE FORMATION OF THE PROCTOR VAlLEY SEWER RElMBURSEMENT DISTRICT. The Baldwin Company,
developers of Salt Creek !, are requesting that the City establish a reimbursement district to repay them for
offsite and oversized sewer mains they constructed with development of their subdivision. Staff recommends
approval of the resolution. (Director of Public Works)
22. RESOLUTION 16591 APPROVING AMERICAN GOLF'S REQUEST TO SUBLEASE THE GOLF
COURSE RESTAURANT AND BAR TO PRESTIGE HOSPITAlJTY SERVICES .American Golf Corporation (AGC)
has requested permission to sublease the Golf Course Restaurant and Bar operation to Mr. Chris Champion,
President, Prestige Hospitality Services Company; in accordance with the Agreement between AGC and the
City of Chula Vista for the operation of the Golf Course Restaurant and Bar facility. Staff recommends
approval of the resolution. (Director of Parks and Recreation) Removed from the agenda at the request of
American Golf Corporation.
23. REPORT REQUEST BY THE FIREHOUSE CYCUNG TEAM TO CONDUCT A BICYCLE
RACE ON MAY 2, 1992 . The Firehouse Cycling Team from the La Jolla YMCA is requesting permission to
conduct a bicycle race (criterium) in the EastLake Business Park area on Saturday, May 2, 1992. Staff
recommends Council accept the report and approve the request subject to staff conditions. (Director of Parks
and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBUC HEARING CONCERNING THE COMPREI-lENSIVE HOUSING AFFORDABIUTY
STRATEGY (CHAS) . The National Affordable housing Act of 1990 requires jurisdictions to submit a
Comprehensive Housing Affordability Strategy (CHAS) to the Department of Housing and Urban
Development (HUD) in order to receive funding. Staff recommends Council accept the report and approve
the resolution. (Director of Community Development)
A. REPORT
(CHAS)
DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABIUTY STRATEGY
Minutes
April 21, 1992
Page 7
B. RESOLUTION 16592 ADOPTING THE COMPREHENSIVE HOUSING AFPORDABIUTYSTRATEGY
(CHAS) AND FORWARDING THE CHAS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
The public hearing was declared reopened.
Judith Johnson, 580 Hilltop Drive, Chula Vista, CA 91910, representing Lutheran Social Services Project
Hand, stated they were concerned about the number of homeless reported in the CHAS. That number
reflected the census count of fourteen and they felt it was inaccurate. The concern was that the CHAS report
would be used for various reasons, including HUD. The City's Planning Department also used the report to
prioritize housing needs in the community and while they had elected to give priority to transitional housing,
the number fourteen did not back up that priority. She suggested the CHAS be amended in some way,
stating it would be difficult to come up with an accurate number.
AJisa Rogers, Community Development Specialist, responded that it was required by the Department of
Housing and Community Development, a federal agency, that the 1990 census data be used. Staff
recognized when the data was received that fourteen was grossly under estimating the number of homeless.
Staff added into the narrative a portion stating what the original figures from the 1988 study said, the
original figures in the 1990 SANDAG study, and also added data that was provided by Southbay Community
Services. Letters received from Southbay Community Services and the MAAC Project were also included in
the document. Staff realized that unless HUD was given an accurate number of homeless, the City would
suffer the consequences of that low number for several years.
Mayor Nader asked staff if the document could be amended. He also asked staff to provide Ms. Johnson
with a copy of the document and stated that if she still had concerns she should contact staff.
Ms. Rogers confirmed that the document could be amended.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm asked why the school district and water fees were not included. He thought all fees
should be included.
Ms. Rogers answered, as a requirement by HUD, that portion of the document was placed in the CHAS and
was compiled for the housing element. She did not know why it was not originally included, but stated she
would include those figures.
RESOLUTION 16592 OFFERED BY MAYOR NADER, reading of the text waived, passed and approved
unanimously.
25. PUBUC HEARING PCS-91.01: CONSIDERATION OF A TENTATIVE SUBDMSION MAP FOR
SALT CREEK I CONDOMINIUMS, CHULA VISTA TRACT 91-01 . BALDWIN COMPANY. The applicant
proposes to subdivide 9.3 acres in the Planned Community (PC) zone into 10 multi.family lots and one open
space lot for 141 dwelling units to include low and moderate income housing. Staff recommends approval
of the resolution. (Director of Planning)
Minutes
April 21, 1992
Page 8
RESOLunON 16593 APPROVING PCS-91-01: TENTATIVE SUBDMSION MAP FOR SALT CREEK
I CONDOMINIUMS, CHULA VISTA TRACT 91.01 - THE BALDWIN COMPANY
Bob Leiter, Director of Planning, stated that the public hearing notice had been advertised at 7:00 p.m. and
asked that the item be trailed until that time.
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
Mayor Nader left at 7:13 p.m.
RESOLunON 16593 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved 4-0-1 with Mayor Nader absent.
ORAL COMMUNICATIONS
a. Carolyn Buder, 97 Bishop St., Chula Vista, CA 91911, expressed thanks for the extension of Bus
Route 702 and the flexible bus schedules.
b. Tom Bernard, 550 Oxford St., Chula Vista, CA 91911, representing Teamsters Local 481, stated that
Local 481 represented the bus drivers working for American Transit Corporation (A TC). He thanked the
Mayor for taking a personal interest in some of the problems the drivers had experienced with their current
contract and the Council for investigating some of the problems that had occurred. He stated they were
concerned that American Transit was going to receive an increase in responsibility and an increase in
revenue mileage as a result of increasing the transit system routes. One of the problems they had, which
appeared in the newspapers in Chula Vista several weeks prior when they threatened to strike, had to do
with the sexual assault of one of the female drivers by a supervisor employed by American Transit
Corporation. A grievance was filed during the process of the investigation. Recently a certified letter had
been received from the company indicating that the grievance filed by the female driver had been denied.
It was denied despite the fact that there had been a wimess to the incident, in their opinion, reputable proof
that an incident had happened. They were appalled at the response received from the company.
City Manager Goss understood there was arbitration offered by the company. He was unaware of the terms
and had asked for a copy of the letter from ATC or the Union so he could review the letter and see what
conditions were attached in terms of its ability to go to arbitration. The complaint had also been filed with
the Police Department as a criminal complaint and that was being independently and separately investigated.
c. Joan Wisser, 834 Lori Lane, Chula Vista, CA 91910, stated she wanted to thank everyone on behalf
of the bus riders of Chula Vista. She thought the City had done an outstanding job with a tough situation.
d. James Lovett, 100 Woodlawn, No. 75, Chula Vista, CA 91910, a resident of Bayscene Mobilehome
Park, stated that in December 1991 he had made an oral presentation and given a letter to the Mayor, City
Council and City Attorney requesting action concerning the violations of the provisions of Ordinance 2451
by the owner of Bayscene Mobilehome Park. He said the former Housing Coordinator had sent a letter dated
12/10/91 to the Bayscene Mobilehome Park Manager, stating that several residents had complained about
the notification of rent increases and the vacancy rent control. To the best of his knowledge that letter was
never answered by the owner or manager and the complaints were continuing. Letters were sent to the City
Attorney and the Housing Coordinator on 4/9/92 from the Bayscene Mobilehome Park residents asking the
same question, when was action going to be taken to stop the violations and the purpose and intent of the
Minutes
April 21, 1992
Page 9
ordinance enforced. He requested positive and prompt action. He also presented written communication
on the progress to purchase Bayscene Mobilehome Park by the residents.
City Attorney Boogaard stated he had referred the complaint to the proper investigative body to look into
the matter.
David Gustafson, Assistant Director of Community Development, stated staff was in the process of writing
a letter to the Richard Hall Company reminding them of the requirements under the ordinance as far as
notification was concerned. He had talked with a representative of the Richard Hall Company who indicated
there were no violations and staff was pursuing it from there.
Mayor Nader asked if staff had talked to the person being suspected of a violation to ascerrain that there
was no violation.
Mr. Gustafson answered he was responding to Mr. Lovett's letter which said the park owner was not
adhering to the ordinance requirement for noticing when vacancy control issues were involved. Staff had
asked the property owner if they were conforming with that requirement of the ordinance.
Mayor Nader asked the City Attorney if there was any other investigation going on.
City Attorney Boogaard answered not through his office.
Mayor Nader asked the City Attorney what action was needed for an investigation.
Chris Salomone, Director of Community Development, stated staff was meeting with the owners and the
consultants representing the tenants.
Mayor Nader stated that Mr. Solomone's remarks related to the acquisition. He said there had been a charge
made of a violation of a City ordinance and an investigation was directed. He asked if that investigation
consisted of asking a person if they had violated the ordinance, being told that they had not and so it had
been concluded that they had not.
Mr. Gustafson said staff did not address a specific charge in the investigation. Mr. Lovett recently sent a
letter saying that, in general, the manager of the park was not conforming with the noticing requirements.
The communication staff had with the park owner was generic in asking whether the park owner and
manager were aware of the policy requirements and whether they were notifying people accordingly.
City Attorney Boogaard suggested referring the matter back to his office so he could coordinate with
Community Development in investigating the charges.
MS (Nader/Malcolm) Mr. Lovett's comments be referred to the City Morney's office to investigate whether
violations of the City's ordinance has occurred by Bayscene Mobilehome Park.
City Attorney Boogaard stated that a more complete statement would be taken from Mr. Lovett as to
allocations. He would start there for the basis of the investigation and determine how far it should go.
Councilman Malcolm suggested that if the complaint was that residents were not receiving notices, then
maybe staff should send a copy of whatever Mr. Lovett said they had not received to those residents that Mr.
Lovett had provided space numbers for, rather than conducting an investigation.
Minutes
April 21, 1992
Page 10
Councilman Rindone suggested there be a staff referral to review the situation and then it would either lead
to a report, sending out the information and/or an investigation.
City Manager Goss suggested that the motion be referred to staff and then staff could consult with the City
Attorney's office.
SUBSTITUTE MOTION: (Nader/Malcolm) Mr. Lovett's comments be referred to the City Manager's office
to investigate whether violations of the City's ordinance has occurred by Bayscene MobiIehome Park. Passed
unanimously.
e. Robert Gunthorp, 789 Energy Way, C\1ula Vista, CA 91911, asked what the progress was on the
traffic light for Otay Valley Road and I-80S.
Cliff Swanson, Deputy Director of Public Works, answered that staff had been working with CalTrans on the
process. CalTrans had required that before approval was received to install a signal that the City go through
a full project study. That project study had finally received preliminary approval by CalTrans. Included in
that was CalTrans requirement that the intersection off ramp be widened.
Councilman Moore asked if the City would be reimbursed.
Mr. Swanson responded that a letter had been received indicating CalTrans would pay 50% of the
installation costs. He said the project should be completed by the end of the current calendar year.
ACI10N ITEMS
26.A. REPORT CHUl.A VISTA TRANSIT (CVT) SERVICE CHANGES FOR FISCAL YEAR (FY)
1992193. The report presents proposed CVT service changes for FY 1992/93. Staff recommends Council
accept the report and recommend to the Scoot Board that they approve the proposed CVT service for FY
1992/93. (Director of Public Works)
B. RESOLtmON 16594 AUTHORIZING SCOOT SUBMISSION OF FISCAL YEAR (FY) 1992193
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTIa..E 4.0 CLAIM. The Scoot claim for FY 1992/93 is
$5,769,000 consisting of $5,669,775 claimed against the City of Chula Vista's apportionment and $99,225
claimed against the County of San Diego's apportionment. Staff recommends approval of the resolution.
(Director of Public Works)
C. RESOLtmON 16595 APPROVING AGREEMENT WITH SCOOT FOR TRANSIT SERVICE IN FISCAL
YEAR (FY) 1992193. The agreement specifies transit service be provided by Scoot in the City jf Chula Vista
for FY 1992/93. Staff recommends approval of the resolution. (Director of Public Works)
Mabel Rabe, 1198 Alpine Ave., Chula Vista, CA 91911, spoke in favor of staff recommendation.
Anne Fabrick, 1065 Granjas Rd., No. 165, Chula Vista, CA, spoke in favor of staff recommendation.
RESOLtmONS 16594 AND 16595 OFFERED BY COUNCILMAN MALCOLM, reading of the texrwas waived,
passed and approved unanimously.
Minutes
April 21, 1992
Page 11
27.A. RESOLUTION 16596 APPROVING SUBMISSION OF FISCAL YEAR (FY) 1992/93
TRANSPORTATION DEVELOPMENT ACT (IDA) ARTICLE 4.5 AND PROPOSmON A CLAIM FOR
HANDYTRANS OPERATION - The FY 1992/93 claim consists of $225,600 in IDA Article 4.5 funds and
$21,560 in Proposition A funds. Staff recommends approval of the resolution. (Director of Public Works)
B. RESOLUTION 16597 APPROVING SECOND AMENDMENT TO AGREEMENT WITH DAVE
TRANSPORTATION SERVICE, INC FOR HANDYIRANS OPERATION. The second amendment extends
Handytrans service provided by DAVE Transportation Services, Inc. for Py 1992/93. Staff recommends
approval of the resolution. (Director of Public Works)
RESOLUTIONS 16596 AND 16597 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived,
passed and approved 4-0-1 with Mayor Nader absent.
28. REPORT PCM-92.14: ALCOHOL SALES FACIUTIES IN NEIGHBORHOOD
COMMERCIAL (C-N) ZONES - On 2/11192, Council directed the Planning Department, with assistance from
the Police Department and input from the State Department of Alcoholic Beverage Control (ABC), to prepare
a report and recommendation on the number of alcohol sales facilities that should be allowed within a C.N
zone. Some concern has also been expressed with concurrent sales of gasoline and alcohol, particularly
within a C.N zone. The report addresses both issues. Staff recommends Council not adopt any local
standards with respect to the concentration or concurrent sales of alcohol, but continue to rely on the State
Department of Alcoholic Beverage Control process to regulate the establishment of alcohol sales facilities
in the C.N zone. (Ditector of Planning)
Mayor Nader returned at 7:16 p.m.
MOTION: (Nader) to forward the item to the Planning Commission for review and recommendation.
Motion died for lack of second.
Councilman Malcolm stated he had some problems with too many alcoholic beverage sale locations. He
thought a more proper procedure might be for Council to receive a copy of a new application in their
Council packet so they would have a chance to review it to determine whether or not any action should be
taken. He would rather see an ordinance that would allow Council to deny gas stations or additional fast
service stores fyom locating where there were already too many, if Council deemed i, appropriate.
Mayor Nader stated that at the minimum, he would want input from the Police Department.
Councilman Malcolm responded that the Police Department and Administration were already involved.
Councilman Rindone said he had a concern with the proposal because that was getting the policy making
function of the Council into the administration of the City. He thought what they should do was set policy
but not place themselves where they were administratively reviewing certain segments of the City when it
reached a certain threshold. He said it needed to be established by policy and reported to Council by staff.
Councilman Malcolm pointed out that he \"laS just refelTing to the C-N zone.
Councilwoman Grasser Horton felt that the staff report pretty much addressed Council's concerns.
Councilman Malcolm responded that he did not want to wait until the surrounding neighborhood had a
problem, but to look into the future and be proactive versus reactive.
Minutes
April 21, 1992
Page 12
MSUC (Nader/MalcoIm) to refer to staff to develop an ordinance to bring before Council for hearing and
consideration which would provide that when there is an application to sell alcohol in CoN zone, it would
be subject to approval of the City and specifically of the Police Department and that such approvals would
be placed on the Consent Calendar of the following City Council meeting.
29. RESOLlITION 16598 AMENDING THE COUNCIL POUCY ON SEWER SERVICE TO PROPERTY
NOT WITInN THE CITY BOUNDARY. Council Policy 570.02 was created to allow County residents near
existing City sewers who were not contiguous to the City boundary and, thus not able to annex, to connect
to City sewers. The policy states that any County resident wishing sewer service from a City sewer main
must enter into an agreement with the City to not sign a written protest petition, or otherwise file a formal
written or oral protest of annexation at the Conducting Authority level of annexation proceedings. In a
previous action, a resident of El Rancho Vista that had requested annexation and sewer service was denied
that service because the area opposed annexation. Staff has received several requests for sewer service from
county residents and, in light of the policy and past actions, believe that the policy needs to be reviewed.
Staff recommends approval of the resolution. (Director of Public Works)
Councilwoman Grasser Hotton stated she had a conflict of interest because she owned property contiguous
to the City.
City Attorney Boogaard stated he had circulated, at Councilman Rindone's request, a modification which was
before Council. The primary purpose of the modification was to redefine the definition of first annex to
mean the completion of an annexation proceeding unless the City entered into an agreement by which the
City agreed to file and prosecute diligently an annexation proceeding but that if the annexation failed there
would be a disconnect provision which would give the Council authority on six month notice to disconnect
the sewer. '
Mayor Nader thought 1inal consideration should be put off to allow Council time to look at the new
document.
Councilman Rindone thought Council had a responsibility to all of the citizens living within the boundaries
of Chula Vista, who were annexed to the City, who relied upon the City for all their services, and not just
those who may attempt to "cherry-pick" the services they needed and not become annexed to the City.
Raul Flores, Jr., 261 Elm Ave., Imperial Beach, CA, spoke in opposition to staff recommendation.
Warren Oakland, 4201 Bonita Rd., No. 242, Bonita, CA 91902, spoke in opposition to staff recommendation.
Saxon J. Wraith, 4345 Acacia, Bonita, CA 91902, spoke in opposition to staff recommendation.
Councilman Malcolm said he did not like the policy and thought that people should be allowed to annex
if they paid a fee. He said there were good reasons to get people off septic tanks and onto a sewer system.
Councilman Moore thought if people wanted to connect to the City's sewers there should be two levels of
fees and once they annexed to the City, then they could convett to the normal fee.
MSC (Nader/Moore) to trail the item to 5/19/92, approved 4-0-0-1 with Councilwoman Grasser Horton
abstaining.
Minutes
April 21, 1992
Page 13
3D.A. ORDINANCE 2502 REPEALING FJC!S11NG CHAPTER 15.20 OF THE MUNlClPAL CODE AND
ADOPTING A NEW CHAPTER 15.20 OF THE MUNlC!PAL CODE RELATING TO THE ADOPTION OF THE
UNlFORM BUILD!NG CODE, 1991 ADDITION (fu:;o;t readinR) . The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform Building
Code. Staff recommends Council place the ordinance on first reading, (Director of Building and Housing)
B. ORD!NANCE 2500 RI'.PEALING EXISTING Cl-iAPTER 15.28 OF THE MUNlClI'AL CODE AND
ADOPTING A NEW CHAPTF.R 15.28 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNlFORM PLUMBING CODE, 1991 EDITION (first fl:.a'<!"iI:!g) . The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform Plumbing
Code. Staff recommends Council place the ordinance on first reading. (Director of Building and Housing)
C. ORDIN1\NCE 2509 REPEAUNG EXlSl1NG CHAPTER 15.16 OF THE MUNlClPAL CODE AND
ADOPTING A NEW CHAPTER 1516 OF THE MUNlClPAL CODE RELATING TO THE ADOPTION OF 1HE
UNlFORM MECHAJ\'1CAL CODE, 199] EDmaN Cfi1~L!~i!<iiI:!g) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved the recommended adoption of the 1991 Edition, Uniform
Mechanical Code. Staff recommends Council place the ordinance on first reading. (Director of Building and
Housing)
D. ORDINANc."E 2510 REPEALING EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE AND
ADOPTING A NEW CHAPTF.R 15.20 OF THE MUNlCJPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM HOUSING CODE, 199] EDITiON (fjrst re.?dinR) - The Board of Appeals and Advisors at their
3/23/92 meeting unanimously approved [he recommended adoption of the 1991 Edition, Uniform Housing
Code. Staff recommends Council place tl'Ie ordinance on first reading. (Director of Building and Housing)
ORDINANCES 2507, 2508, 2SD? 1'l\1D 2510 PLACED ON F!RST READING BY COUNClI.MAN MOORE,
reading of the text was \Mz{ived.
Mayor Nader asked if the ordinances were adopted if it would preclude any modification of building
standards by the City for any particular period of time.
Ken Larson, Director of Building and Housing, responded that the action taken that evening was to put the
ordinances on first reading. The second reading would follow two subsequent ten day public hearing notices
which would then be heard on 5/19/92. Even after the second reading and adoption, it would not preclude
any modification and amendments could be made.
VOTE ON OlillINANCES: approved
31.A RESOLUTlON 16599 CEf(I1FY!NG THE F!NAL ENVIRONMENTAL IMPACT REPORT AND
ADDENDUM THERETO ON THE OTAY VALLEY ROAD WIDENlNG PROJECT (EIR 89-01) - Council's acrions
would certify the Final EIR and also represent an initial step in the assessment district proceedings for the
proposed improvemenr of Otay Valley Road from 1-805 to the easterly City boundary. One of the actions is
to set the public hearing on the assessment district for 5/26/92 at which time public testimony will be taken
on the proposed asS('c:sment district. Staff recommends approval of the resolutions. (Director of Public
Works)
B. RESOLUTiON .16600
DISTRICT NUMBF.R 9(}'2
ADOP11NG MAP SHOWING AMENDED BOUNDARIES OF ASSESSMENT
VALLEY ROAD)
Minutes
April 21, 1992
Page 14
C. RESOLUTION 16601 DECLARING INTENITON TO ORDER THE INSTAlLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE
THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT
NUMBER 90-2 (OTAY VAlLEY ROAD)
D. RESOLUTION 16602 PASSING ON THE "REPORT" OF THE ENGINEER, GMNG PREUMlNARY
APPROVAL, AND SEmNG A TIME AND PLACE FOR THE PUBUC HEARING IN ASSESSMENT DISTRICT
NUMBER 90-2 (OTAY VAlLEY ROAD)
William Schwartz, 401 "B" St., San Diego, representing Charles Siroonian and Charles Pratty, propetty
owners within the area of the proposed assessment district, stated that he was concerned that the procedure
for certification of the Environmental Impact Report (EIR) did not include a noticed public hearing. In fact,
the notice the City sent to them specifically indicated that it was not a public hearing on the assessment
proceeding. While that was technically correct, he believed it tended somewhat to denigrate the importance
of the environmental process which was the City's final administrative action on the EIR. He believed that
since the EIR was connected to the assessment proceeding itself, and that the City was going to be
conducting a public hearing on the assessment proceeding within a month, that the City should defer any
action on the EIR to allow as much public information and comment to be made as possible. He said it
seemed unusual that the City was completing the environmental review procedure before initiating the
assessment proceeding. He thought the EIR had followed a track that was different from the assessment
proceedings and that most of the work on the EIR had been done some time ago. He believed that the age
and the concerns raised with regard to the EIR rendered it in a position where it was suspect and believed
it was incumbent upon the City, as the lead agency in the EIR, to direct staff, or the preparer of the
document, to go back and take whatever steps were necessaty to update the document and to make sure
that it was relevant to what was happening at present. Action then by Council to certify the document
would commence a thirty.day process under which some challenge of the document would take place. He
said it would be unfortunate if that occurred before the City had the public hearing on the assessment
proceeding.
Councilman Malcolm stated it was not a public hearing, but the City had sent out notices. Notices went to
all the property owners in the area even though the City was not required by law to do that. He said that
showed Council's willingness to make sure that they had public comment. He thought the document was
relevant and that it was up to date.
City Attorney Boogaard stated that as a result of the comments raised, he wanted some evidence placed in
the record. He said the cumulative impact issue was fully presented in the final EIR. With regard to the
age of the report and some of the biological and geological data being stale, he called upon Diana
Richardson, Environmental Facilitator, to respond.
Ms. Richardson said that even though two years had passed, the information in the EIR was still relevant.
The conclusions had not changed based on the information. There had been recent studies in the project
area for other projects that staff was well aware of. One of those reports was prepared by Pacific Southwest
Biological Services, Otay River Valley Resource Enhancement Plan, October 1991, which went out and did
a re.survey and documented the same species that were documented in the EIR. Also in August 1990, ReCon
prepared an EIR on the water reclamation facility in the area along Otay Valley Road. ReCon's biological
report also documented the same resources that were in the EIR. Nothing biologically had changed
substantially and staff would not bring before Council an EIR that staff felt was outdated. Staff had
prepared an addendum on the one change they thought was relevant and that was the clarification on the
assessment district that implemented the project. Other than that, staff had not found any changes that
Minutes
April 21, 1992
Page 15
created an outdated report. Staff rtad contacted Christine Keller, the person who prepared the EIR, and she
stated that regarding the rest of the :nothing had changed substantially.
City Attorney gcogaard ;,~,skcd 1'ils,
was refereed to in Resolution
report.
Richardson if the addendum she referred to was the same addendum that
on page 31A.3, as being- part of, and incorporated in, the final impact
Ms. Richardson confirmed that :t ' .~~S,
City Attorney Boogaafd said chat in to the public hearing, the California Environmental Quality Act
(CEQA) provided for jyublj~ input ~~nd a public review period which was granted. The certification
proceeding by Council ':1/35 a dd(:-nnination that the report complied with CEQA guidelines. It was
not required by CEQA to be a public hearing, staff did not proposed it as a public hearing and when the
matter returned for the public on Tlv~ dssessment district, staff propose that the certification. if it
were to occur at: (hat \\lotdd nor be pan of that public hearing either. He said staff granted as much
public input at these (:s a,ccording to the Council's policy. He also pointed out that staff was
proposing a. reimbursC'f!1cnt district to reallocate some of the burden of the assessment district between
Inore intense uses that come on in rhc\'uture.
Mayor Nader said staff i.ndicated that "no noise mitigation is proposed for residential uses on the hill because
the noise from Otay Valley Road traffic VJill not result in noise levels exceeding community standards in
those areas." He said he 1vas concerned with the phrase "community standards in those areas" and asked
for that to be explained.
Ms. Richardson respclfjded that it rnC<1nt it did not exceed the 65 decibels that was discretional for significant
impact and if it vI/ere to exceed that, the!.l the inside noise level could be mitigated to the 45 decibels level.
Mayor Nader asked if rnitig<'Itlon to 45 decibels would be desirable then why allow it to go to 65 decibels
in the first place"
Ms. Richardson answered that 65 decilx>!:,; was allovved in the exterior and 45 decibels in the interior.
Mayor Nader said he \,VdS ccrJ.cenled \\_'i.th th:it when other land uses created 65 decibels in other areas. He
wondered if there was som." action thal ClHlld be taken to ensure that it would not go that high.
Ms. Richardson respon(L:d that ill.;: EIR dld not need to create any a.ction in mitigation because it did not
indicate a significant irnp;:1.rt. SfE said (,;-:. decibels \,vas the threshold.
RESOLUTiONS
text was 1;va.ived~
1c,c:n iWD 16602 OFFERED BY COUNCILMAN MALCOLM, reading of the
Mayor Nader said that nppro"l.'al of the FIR did not in any way constitute the approval of the proposed
assessment district or the proposed spread of assessments, that would be the subject of a future public
hearing.
Ms. Rithardson said that with exist'ng traffic, plus future traffic, existing noise levels were 64 decibels and
they expected a 5 decibels increase, or up to 69 decibels" One of the mitigation measures required a noise
wall constructed along the portion of rhe project w-here that would occur.
Mayor Nader asked if II was 64 d"ciiKh at present and if staff was confident that it would result in
improvement OW;( the SliTF1.tiop.
Minutes
April 21, 1992
Page 16
Ms. Richardson answered yes.
Mayor Nader asked the City Attorney if that could be incorporated into the record.
City Attorney Boogaard answered that it would be by virtue of the fact that it was discussed.
VOTE ON RESOLUl10NS: approved unanimously.
Ms. Richardson advised Council "that when the assessment district was approved, since that was the
implementing mechanism for the project, then the Notice of Determination would be filed.
City Attorney Boogaard said the thirty-day statute would not start until the Notice of Determination was f1led
and the Notice of Determination could not be filed until there was project approval under CEQA. The
current action was certification of the EIR, not project approval.
32. RESOUITION 16603 AUTHORIZING TRANSFER OF FUNDS FROM TRUNK SEWER RESERVE
FUND (FUND 222) AND APPROVING ADDmONAL APPROPRIATIONS INfO THE SEWER BUDGET FROM
THE MONfGOMERY SEWER SERVICE REVENUE FUND (FUND 223) AND THE SEWER SERVICE REVENUE
FUND (FUND 225) . The City of San Diego recently reviewed the requirements for financing the Clean Water
Program (CWP) Capital Improvements and determined that all the agencies participating in the Metropolitan
Sewage System should be billed for the Fiesta Island Replacement Program (FIRP), State Ocean Plan (SOP),
and Clean Water Program (CWP) administrative costs. This increased the billings to the City and will also
increase our payments to the Spring Valley Sanitation District for Py 1991/92. Due to these increased costs
and increased billing charges from Sweetwater Authority and Otay Water District, it is necessary to
appropriate into the sewer budget the additional amounts of $232,030 and $1,224,537 from Funds 223 and
225, respectively. Staff recommends approval of the resolution. 4/5th's vote required. (Director of Public
Works)
RESOLUl10N 16603 OFFERED BY MAYOR NADER, reading of the text was waived, passed and approved
unanimously.
33. REPORT PROSPECTIVE ENROlLMENT IN THE CA!JFORNIA NATURAL
COMMUNITIES CONSERVATION PROGRAM. Planning Department staff has been working with County
Planning Department staff, several area property owners and the California State Resources Agency to
prepare enrollment in the State's Natural Communities Conservation Program (NCCP). The NCCP is
intended to provide for comprehensive natural preserve areas to protect threatened plant and animal species.
The State has indicated their wish that Chula Vista enroll in this program prior to 5/1/92. Staff
recommends Council accept the report and direct staff to enroll the City of Chula Vista into a South County
NCCP along with the County of San Diego and numerous property owners in the South County area.
(Director of Planning)
MS (Rindone/Malcolm) to accept the report.
Rikki Alberson, 11975 El Camino Real, San Diego, CA 92130, representing the Baldwin Company, spoke in
favor of the staff recommendation.
VOTE ON MOTION: approved unanimously.
Minutes
April 21, 1992
Page 17
34. REPORT STAms OF RELOCA'IlON MOBlLEI-lOME PARK EFFORT. Council directed
staff to provide a report on the status of the effort to provide a Relocation Mobilehome Park for residents
of Chula Vista who might be displaced by closure of mobilehome parks in which they reside. The report
covers the need for such a park, the background of the City's efforts to date and analysis of possible sites
for a Relocation Mobilehome Park, and altemata forms of assistance to mobile home park displaces. Staff
recommends Council accept th<.: report. (Director of Community Development)
Chris Salomone, Director of Community Development, presented the staff report.
The following residents of Palomar Trailer Park, 568 Palomar St., Chula Vista, CA, expressed their concerns
that the park o\'mer was forcing them out; washers and dryers had been removed; heavy equipment had
been brought in and the digging out of ,railer spaces had begun; they had been unable to find a place to
relocate; and they were not receiving rent receipts, only receipts for utilities.
Antonio AlTa (Space 11)
Jose Antonio Felix
Addy Arce (Space ]])
Emma Perez (Space '78)
The following residents of Twin Palms Trailer Park, 1689 Broadway, Chula Vista, CA, expressed their concern
about the owner abiding with the ordinance; they were not receiving rent receipts; and suggested that the
owner purchase their t[ailers at a just price.
Jose Aguirre (Space 38)
Rosa Alvarez (Space 35)
Rene Alvarez (Space 35)
Mayor Nader stated that if the park owners were only collecting payment on utilities that Council could not
force them to collect rent. He said that the issue of trailer park closures was not in front of Council at the
time. Before a trailer park could close, the Director of Community Development had to approve the closure
and as yet, he had not approved the closure of either of those trailer parks. If at some time in the future
such a closure was approved, the residents would then have a right to appeal through Council. He stated
that what was before Council was thE question of what would be appropriate policy for the City as to the
potential construction of a relocation faciliry.
Councilman Moore stated that staff had C'. n-urnber of things they had been pursuing for years as to how to
assist in trailer park closures. He said there was no economical land available. He thought that a highrise
funded by HUD, improved upon through subsidy from those wanted to convert their land, along with money
from the relocation could provide a solution.
MS (Moore/Nader) to direcrco include in their potential solutions and recommendations to Council
a major effort that would include :i--J'uD highriscs and multiple trailer parks working together with the staff.
Approved 4-1 with Councilman Malcolm opposed.
Mayor Nader felt Lh(~ report was jess than adequate. He said assumptions were built in that did not
necessarily apply in reality as far as cost per unit of the replacement units. He said that there were units
available at less cost, or a donation may stiU be available in conjunction with the St. Vincent de Paul project.
The project did not have to go on the Sweetwater parcel, it could go anywhere. Below market rate land
should be available as a way for the developer to meet their low income housing requirements, yet in the
report it indicated that aU land would have to be purchased by the City at market rate.
Minutes
April 21, 1992
Page 18
MS (Nader/MalcoIm) that the report be referred back to staff for further work.
Councilman Rindone said he could not support the motion on the floor because he did not think it gave staff
direction.
VOTE ON MOTION: approved 3-2 with Councilman Moore and Councilman Rindone opposed.
Mayor Nader suggested that staff look into the issue of the washers and dryers being removed from the
trailer park.
Mr. Salomone said that a building inspector had already gone to the trailer park and determined that it was
not a health and safety factor, but staff would revisit the issue.
35. RESOLUTION 16572 APPROVING FIRST AMENDMENT TO AGREEMENr WITH JONES AND
ROACH, INC. PROVIDING APPRAISAL SERVICES FOR VARlOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS. Staff has already contracted for twelve appraisal reports costing $21,720. Staff needs to obtain
appraisals for at least seventeen additional parcels that need to be acquired prior to 6/39/92. The additional
cost of these appraisals will exceed the $25,000 as approved by the City Manager and authorized by the
agreement. Staff recommends approval of the resolution. Continued from the 4n /92 meeting. (Director
of Public Works)
36. RESOLUTION 16576 DETERMINING CAVES BID AIS NON-RESPONSIVE; ACCEPTING CAVES BID
B AS THE LOWEST RESPONSffiLE BIDDER; RE.APPROPRlATING FUNDS, AND AWARDING CONTRACfFOR
"FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES AND ORANGE IN THE QTY OF OIDI.A VISTA,
CAUFORNIA"; AND RESERVING THE RlGHT TO REJECT AlL OTHER BIDS. On 3/4/92 sealed bids were
received for street improvement work identified in the bid specifications "Fifth Avenue Improvements
Between Naples Street and Orange Avenue in the City of Chula Vista, CA". Eighteen bids were received from
nine separate contractors each of which submitted two alternate bids: one based on the premise that they
would have to pay their labor prevailing wages and one on the premise that they would not have to pay such
wage scale. The lowest bid, which was a non.prevailing wage bid, but was defective in a manner that
should not, in the opinion of the City Attorney, permit waiver of defects. Staff recommends approval of the
resolution. Continued from the 4n/92 meeting. 4/5th's vote required. (City Attorney and Director of
Public Works)
City Attorney Boogaard stated that he had passed out a new resolution 16576. Staff was requesting the
Council to consider the passage and adoption of that resolution and pointed out the language on the back
which inserted the condition of acceptance of the bid. He said the reason that was being done was because
they had drawn some litigation in the maUer, not on the prevailing wage issue but instead on the privilege
of rejecting alternative A from Caves as non.responsive without rejecting alternative B from Caves. Erreca
withdrew. Southland Paving under the A bid were number three but under the B bid they were number
nine and solicited a stay order from the local Superior Count which was denied. The City would still have
to consider that litigation would be further prosecuted. In that regard, he wanted to take the Council into
closed session to discuss that pending litigation after the staff presented its report on this issue and before
the Council actually adopted the resolution.
MSC (Nader/MalcoIm) to trail the item to the end of the meeting to follow the RDA meeting and continue
on to the items removed from the Consent Calendar.
Minutes
April 21, 1992
Page 19
City Attorney Boogaard requested solicitation of any objections from any of the bidders on the project from
members of the public.
Mayor Nader asked if there were any members of the public wishing to address the Council on the item.
He received no requests to speak.
Cotulcil recessed to closed session ,at 10:43 p.m. and reconvened at 10:47 p.m.
RESOLUTION 16576 offered by Mayor Nader, reading of the text was waived, passed and approved
Wlanimously.
BO,'\RD I\NI) COMl\1ISSION RECOMMENDATIONS
None submitted.
ITEM? PULLED FROM THE CONSENT CALENDAR
Items pulled: 12 and 15, The minutes will reflect the published agenda order.
OTHER BUSINESS
37. CITY MANAGER'S REPOjU(S)
a. City Manager Goss said that staff was setting up budget hearings to review the operating budget
and the Capital Improvement Budget and Council would be polled as to the best times. It appeared that the
Capital Improvement Budget would be out first and then the Operating Budget. He stated that there was
some concern in terms of trying to produce a balanced budget and still maintain the current operating levels.
Therefore, it was extending the length of time it was taking to get the operational budget to Council. Staff
would be getting the Capital Improvement Budget to Council within the next week or two.
b. City Manager Goss said that normally the Capital Improvement Project Tour would be scheduled on
the regular basis and the Quarterly Tour would be on 5/2/92. However, that conflicted with the City's first
Cultural Arts Festival on that same date. Staff would be contacting Council to determine whether or not
they would want to change the date to not conflict with the Festival.
The City Council Meeting recessed at 10~.10 p.m. to a special Meeting of the Redevelopment Agency.
The City Council reconvened at 10: 17 p.m,
38. MAYOR'S REPORTfiD.
a. Mayor Nader stated that the San Diego City Council, the previous day, had unanimously adopted
a resolution endorsing Chula Vista's proposed site for the University of California campus which meant that
the City of San Diego, the County of San Diego and, of course, the City of Chula Vista, had aU unanimously
endorsed that site. That was a very good sign for the level of community support so now the University
officials could be informed that the changes was welcome in Cbula Vista.
b. Mayor Nader said what he had in mind for the Earth Day Committee was basically modeled on what
the City currently did with the UN Day Committee, which was that it was not an official City committee as
such but there was a City affiliation and approximately $300 used from the Community Promotions Budget
for incidental expenses. He wanted a committee formed with membership open to anyone who was willing
Minutes
April 21, 1992
Page 20
to work to coordinate community.wide events next year. He appreciated the efforts of Southwestern College
and the Nature Interpretive Center in organizing and participating the current year's activities, but there was
a feeling that much more could be done to involve the Chula Vista Community. Many of the people that
had organized those events had expressed an interest in participating in such a committee.
MS (Nader/Moore) to authorize the establishment of an Earth Day Committee and to encourage members
of the Council to approach anyone that might be able to put some work in to join.
Councilman Moore suggested that at some time all committees and commissions be reviewed to see if they
were really necessary and that some could be combined which would help to eliminate some of the staff time
required.
Mayor Nader stated it was not his intent for staff required involvement on the committee. He would expect
the City Manager, if he felt it appropriate, to come forward with a nominal amount of money from the
Community Promotions Budget, for some incidental expenses.
Councilman Malcolm supported the concept but stated he would like to see a one page written document
before the committee was implemented on the committees responsibilities, duties, authority, etc.
ADDENDUM TO MOTION: The Mayor's comments to be put into writing before the committee is appointed.
VOTE ON MOTION: approved unanimously.
39. COUNCIL COMMENTS
Councilman Malcolm
a. Legislative Analysis: Requiring Council Action; not addressed by Legislative Program
AB 3734 (Hauser) City Representation on APCD Governin5! Boards. AB 3734 proposes to require that APCD
governing boards include membership from both cities and counties.
Councilman Malcolm said the Legislative Committee analyzed AB3734 regarding APCD (Air Pollution Control
District) and what they had, which was co-authored by Senator Wadie Deddeh, was trying to take the
exclusive control of APCD and give some of the control back to the cities who currently had no input. The
League of Cities believed the cities should have some control over their destinies. There was some concern
about votes, whether there would be weighted votes among the cities and if the City of San Diego could
dominate it. He personally felt that the City of Chula Vista should not take a position at the time but send
a letter saying that if upon clarification of what the makeup of the committee was and their voting rights,
that the City of Chula Vista would support legislation to share the responsibilities of controlling and
reviewing air pollution in the City of Chula Vista's region. He thought with some clarification and
modification that it was a good bill.
MSUC (Malco1m/Nader) to take no position on AB3734 but authorize the Mayor to notify the author that
if changes are made whereby the City can have some type of equal representation, the City of Chula VISta
would support it.
b. Councilman Malcolm said that the Otay Valley Regional Park Committee had taken a position that
they did not like the Olympic Training Center Boathouse on Otay Lakes. He said Council had committed
to the Olympic Training Facility and supported Olympic rowing and rowing at Otay Lakes. He had a
problem with the Otay Valley Regional Park Committee now deciding that they did not like the location and
now wanted it moved. The Committee was made up of a lot of members of the County and City of San
Diego and now they were trying to dictate what could be done within the City limits of Chula Vista. To date
the Committee had not accomplished much, there was no park, no improvements made, there had been
nothing for the people, and now they were trying to take away and disturb a very important part of theefuture of the Olympic Training Facility. The reason was because they wanted to be able to have the duck
Minutes
April 21, 1992
Page 21
hunters shoot lead pellets at ducks as they fly over and those lead pellets then go in the drinking water of
residents around that area. He found it appalling and had talked to the Chairman of the Committee. The
Chairman, John Willett, was opposed to what they were doing, did not like it and suggested that the issue
of boundaries be referred to the policy makers (Supervisor Bilbray, Mayor Nader and Bob Filner) and have
them come back with defined areas.
MS (Malco1m/Moore) to refer the question of boundaries to the Gtay Regional Park Policy Committee
(BiIbray, Nader and FiIner).
Councilman Moore thought the first step was Otay River Valley, the second step would probably be the
eastern strip and the third strip, Sweetwater Valley. He envisioned that the Citizen Advisory Group would
be in that category and that maybe the City's representative could review and think about breaking the
advisory group into three different seclions.
VOTE ON MOTION: approved unanimously.
c. MSUC (Malco\rnJNader) to approve the agreement with Frank Ferreira and the caretaker facility.
Councilman Moore
d. Councilman Moore said he served on the Clean Water Governance Advisory Group regarding
expansion of the metro system and his presence was requested in Sacramento to talk to the people that were
working on that particular bill. He asked Council's approval in representing the City on that day and stated
there was no City funding required.
MSC (Malco\rnJNader) to authorize Councilman Moore's trip to Sacramento on 5/6/92 to represent the City
of ChuIa Vista, approved 4:0-0-1 with Councilman Moore abstaining.
MSUC (Nader/Moote) to continue the meeting past 10:30 p.m.
ADJOURNMENT
The City Council recessed at 10:49 p.m. and met in closed session at 10:50 p.m. to discuss:
Potential litigation pursuant to Government Code Section 54956.9 . Vista Hill Hospital
Potential litigation pursuant to Government Code Section 54956.9 . Appropriate Technologies
Pending litigation pursuant to Government Code Section 54956.9 - Jones Jntercable
ADJOURNMENT AT 11:40 p.m. to the Regular City Council Meeting on April 28, 1992 at 6:00 p.m. in the
City Council Chambers.
A special Redevelopment Agency meeting was convened at 10:10 p.m. and adjourned at 10:17 p.m.
Respectfully submitted,
BEVERLY A AUTHELET, CMC, City Clerk
by:
April 17, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager~
City Council Meeting of April 21, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, April 21, 1992. There are no Written Communications on this
agenda. However, Item 34 on the Agenda, wh i ch is a status report on the
relocation mobilehome park effort, is recommended to be considered as the first
item under the Action portion of the agenda due to the many parties who have an
interest in this issue.
JDG:mab
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April 9, 1 992
To:
Chula Vista ~ Attorney
From:
Bayscene Mobilehome Park Residents
1 . Information is requested =ncerning what action has been taken regarding the
flAGRANT VIOLATIONS of the provisions of Chula Vista City Ordinance No. 2451 by
the owner of Bayscene Mobilehome Park (Richard Hall) as set forth in our letter
of 12/16/91. This letter was presented by James Lovett (Bayscene Representative
& Spokesman) to you, the Mayor, and the Members of the City Council at a City
Council Meeting -- who in turn requested that you investigate the matter and take
the necessary action (see attached =py of our letter of 12/16/91)"
2. These flagrant violations have continued -- on a daily basis -- right up to the
present as evidenced by the continuing great number of complaints received from
Residents who are trying to sell their mobilehomes, i.e., the park owner "IS Nor
PROVIDING 'lliIS CHULA VISTA SPACE RENT ARBITRATION ORDINANCE INFORMATION IN WRITING
-- AND THE NorICE COES Nor OJNTAIN THE SPECIFIC LANGUAGE OUTLINED IN THE ORDINANCE."
Thus the residents are "Nor INFORMED and ARE Nor AWARE OF THEIR RIGHTS UNDER 'lliIS
ORDINANCE. "
3. A letter has also been sent to Dave Gustafson =ncerning this (see =py attached).
4. Your reply would be greatly appreciated.
Respectfully,
John Grinder
Bayscene Mobilehome Residents
Ccmni ttee Chairm3I1
5p#1.
Lf2r--!)o ~o
a~/
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April 9, 1992
To: Dave Gustafson, Chula Vista Housing C=rdinator
From: Bayscene Mobilehome Park Residents
Attached is a letter of 12/10/91 written by Margery Girbes "as a result of several
complaints from residents". The letter deals with 2 issues:
(1) SEWER FEES
( 2 ) ADHERENCE BY PARK OWNER & MANAGER TO THE PROVISIONS OF CHULA VISTA
SPACE RENT ARBITRATION ORDINANCE
The issue of the sewer fees has been resolved -- but a FLAGRANT VIOLATION of issue #2
continues on a daily basis as evidenced by the continuing great number of complaints
received from Residents who are trying to sell their rnobilehomes, i.e., the park owner
"IS Nor PROVIDING THIS CHULA VISTA SPACE RENT ARBITRATION ORDINANCE INFORMATION IN
WRITING -- AND THE NorlCE roES Nor CONTAIN THE SPECIFIC LANGUAGED OUTLINED IN THE
ORDINANCE. " Thus the residents are "Nor INFORMED and ARE Nor AWARE OF THEIR RIGHTS
UNDER THIS ORDINANCE."
In strrmlation, myself and the other Residents of Bayscene Mobilehome Park Request the
following action from the Chula Vista Canrnunity Development Department:
(1) Send a letter not only to the "Park Manager" but also to the Park Owner
"Richard Hall" to the effecxt that (a) the complaints from Residents are
continuing, (b) the provisions according to Margery Girbes' letter of
12/10/91 are not being adhered to, (c) no answer received from previous
letter???
( 2) Prepare a letter to the Bayscene Residents informing them of their rights
under this ordinance.
(3) Schedule a "face-to-face" meeting with the residents to inform them of their
rights.
(4) Check your files to see if an answer to Margery's letter was ever received.
(5) Check with the Chula Vista District Attorney's office to determine if any
action was taken concerning the Bayscene Mobilehome Park Residents' letter
of 12/16/91 (see copy attached) which was presented at a Chula Vista City
Council Meeting and a copy given to the Mayor and City Council Members" At
the meeting, it was understood that the Mayor & City Council Members requested
the District Attorney to look into this matter and take necessary action.
( 6 ) The residents are reporting (a) "long delays in the Manager providing an
answer on the rent when they give him a "notice of intent to sell", (b)
~~orbitant rent increases of $60, $80, $100 which makes it impossible for
them to sell their rnobilehornes. In one instance where the Resident had 3
prospective buyers, the rent was raised for each buyer.
Signed
O?'"~ L)
cY-"'<h/
-"\
,---,
John Grinder
Bayscene Mobilehorne Resideilts
Canrni ttee Chainnan
~\\f?-
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~~~
---
--
C1lY OF
CHULA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
December 10, 1991
Bayscene Mobile Home Park
100 Woodlawn
Chula Vista, CA 91910
Dear Park Manager:
This letter is being sent to you as a result of several
complaints from residents of your park. The first complaint
is regarding the Sewer fees being charged to the individual
spaces. The second complaint deals with notification'of
rent increases and vacancy rent control.
The Engineering staff for the City previously sent you
correspondence which outlined the manner in which you should
charge sewer fees. The correct method is to charge $1.23
per 100 cubic feet of water used by each individual space.
It is my understanding that a fee of $12.31/space was
billed. I am requesting that you determine the actual cost
based on water consumption and then refund or credit those'
residents which were overcharged for the month of November
and/or December if applicable. Please provide me with proof
that this has been accomplished on or before January 5,
1992.
As you are aware, the City of Chula Vista, has adopted a
Space Rent Arbitration Ordinance which provides for vacancy
control. As outlined in the Ordinance, upon the sale of a
mobilehome t~e seller or buyer may request t~e park owner to
tell them what rent amount the new owner will be charged.
Upon such a request, the park owner must provide this rent
information in writing and the notice must contain the
specific language outlined in the Ordinance which I have
highlighted and enclosed for your reference.
Please feel free to contact me regarding the above mentioned
concerns. I will be happy to assist you in complying with
the City's ordinances or by answering any questions which
may arise. My phone number is 691-5091.
Thank you in advance for your attention to these matters.
(Bayscene)
Sincerely,
/ '. )
77;:z /,2-7' l;i/k4./
Margery Girbes
Housing Coordinator
MG:ag
Enclosure
.fl~,' ,/1 t'
/'/ / - L...-
V ,,/ ~.~'C-.
:2;'fi FOURTH AVECHULAGs-fA CP"LlFORNIA 91_ 10 ;61?1 591-50':7
--
December 16, 1991
To:
Chula Vista ~ Attorney
Fran:
Bayscene Mobilehane Park Residents
1. This letter is forwarded to you roR ACITCN regarding the FLAGRANT VIOLATIONS of the
provisions of O1ula Vista Ordinance No. 2451 by the <Mner of Bayscene Mobilehane Park
(Richard Hall) regarding:
a. EXHORBITANr RENT INCREASES up:Jn Sale of Bayscene Mobilehanes
b. Failure of the Bayscene Park Manager or Park <Mner to inform the Bayscene Residents
of their rights to fight and protect themselves against exhorbitant rent increases
under the provisions of Ordinance No. 2451.
c. Long delays in The Manager providing requested "up:Jn sale" rent infonnation after
Notice of Intention to Sell (often several weeks).
2. To illustrate that these violations are srANDARD PRACITCE of the Park Manager & <Mner,
listed below are 18 JOClbilehanes in which the violations des=ibed in paragraph 1 have
==ed. These residents already received a CPI rent in=ease in October 1991 - and
now they are faced with exhorbitant "rent in=eases upon sale" (many times CPI, e.g.,
$50 & Il"Clre).
Space # Telephone # Listinq
7 422-7700 Century 21
17 498-0090 San Diego Mfd ~!anes (Dave)
20 422-7700 Century 21
23 423-2587 Best VAL-U (Valerie)
39 426-1125 <Mner
40 420-1166 <Mner
45 422-2001 Ask for Frank
63 426-1761 <Mner
65 498-0090 San Diego Mfd Hanes (Dave)
67 425-2952 Lcok Mobilehane Sales
81 Laurie
86 (714) 863-1555 Bank Rep:J
97 422-5564 George Reed
98 427-5627 (~lark 498-0090)
104 421-8804 Nationwide
111 422-8855 Sunshine Mbbilehane Sales
113 425-2952 Look Mobilehane Sales
119 478-9131
3. Under the pr'2vious o'~TIer, the rent for all of the spaces was the same -- except for
the end spaces ",'hich '.'ere $6.00 rrore. Under the present owner, Richard Hall, a form
of DISCRU.Uc:AT:ON ~{iSLS in that resid~~ts who have the same size mobilehome spaces
are required to pay r~~t varying fran 5247 (Space 51), $359 (Space 39) -- and up to
5454 (Space 28). This could never take place in an apartment canpl~"{ where all
of the ap3rtr..enLs are the same, i.e., 'lEE RE!\'T IS THE SAME. This dilemna is caused by
the fact that each or the rrobilehcme residents own their JOClbilehane -- & there just
aren't any rrore mobil~hcme par~:s or vacant spaces for them to JOClve to -- and, of
course, the cost or =vino them and setting thEm up in a new location is prohibitive.
As I understand it, this is the reason the C1W1a. Vista Ordinance des=ibed in previous
paragraphs "''as PLANN2, DEVELOPED, and ll1PUMENTED,.i,.e., to protect the residents
against this dilemna. /. ~) . (./. ~ ~. . c;--
C,//?'- /.0./ C. .f.) ,,'1-.........-::>1--7. ---
4. When the present owner (Richard Hall) acquired Bayscene Mobilehane Park, there was
an intensive, aggressive campaign started by his General Manager (JaJT'eS Jones) and
the In-Park Managers (Haward & Kathy Stull) -- to cajole, entice and threaten (with
eviction, etc.) if the residents did not sign the 5-year leases being offered. At
that time, their complaints were forwarded to Margery Girbes, Chula Vista Housing
Coordinator, who teak action to advise the Owner, General Manager, & In-Park Managers,
and the Residents of their right to ch=se betwee.'1 rronth-to-rronth rental agreements
or leases.
5. It would be GREATLY APPRECIATED by the 1 25 Bayscene Mobilehane Park Residents if you
would INVESTIGATE and TAKE THE NECESSARY ACI'ION to halt the FLAGRANT VIOLATICNS of
the Chula Vista City Ordinance No. 2451 by the Owner, Richard Hall, and his On-Site
Managers, Sam & Delores Blevins.
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PROOF OF PUBLICA liON
This space is for the County Clerk's Filing Stomp
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years, and not a party
to or interested in the above.entitled matter.
I am the principal clerk of the printer of the
CHULA VISTA STAR. NEWS, a newspaper of
general circulation, printed and published
TWICE WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932. Case Number 71752: that
the notice, of which the annexed is a printed
copy (set in type not smaller than nanpareil),
has been published in each regular and entire
issue of said newspaper and not in any supple.
ment thereof on the following dates. to.wit:
Proof of Publication of
........... ..No..t. i .ce...................................................
NOTICE OF PUBLIC HEAR. .....................
'NO II'( THE CHULA Y18TA
CITY caUNClL. CHU LA
VISTA. CALI'O_
NOTICE IS HEREBV GIVEN
THAT THE CHUl.A VistA
CITY COUNCIL wAl ..... _ PU'
bllc hNrlng to c:oMlder the foI..
lowing:
Pcs.sn-01: Requelt for
CDnIlder8Ilan of . TanWlwe
9ubdlvlllon _ M~p, SALT
CREEKICON~~S,tD
develop W1 11401:= con-
_dog 01141 dw &mItI on
g.3 __. Ioc8ted lU IOUth
MCI of MI. Mlgu'" ROM! IOUth
or Eat H Str..t, IUbmtcted by
"'._nC\llnpany.
The TentalHe Su~an
Map wu conald.,td and ap-
""",ad trt lha PlannInG CoriI-
m'-a1on on Mlrch 25. 1f12.
N you will! to _ 1118
Clly't ...... on IhIa .- In
courr.youmarl*llnllocllD..
ItInglinly__oouor
_ al....1i ... pu-
blic In 011.
noUce~ P9fl-
_ C11y.
I C1ar~ lD 1118
pu\lllc
SA
WILL
21,1
Cou Ser-
vices . ourlh
Avenue. 01 ""'" """ per.
aon deIIr1ng 10 behL"lrcf may
--.
DATED: Aprle, 1982
BeVerly A. Auth8let
City Clark
CV0131& 4111/92
4/11
all in the year 19....9.1:~..
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Doted at ......~.rl.u..l.~...f!..~.~.iL..........................
Colifor io, thisJ..1.. day of .AD..r..U........, 19.9.2.
.......~...~..~.....................
Signature
cipal Clerk
.-
,~ <:'.J IT?''''
y~~=~~~:
lto->rr nma lOllL
1,...., ~
,,~;~t;/
it!! ifOfflt!iV~ta~ GztjjOmia
A PROCLAMATION DIRECTING All CITY FLAGS
TO BE FLOWN AT HALF-MAST ON TUESDAY, APRIL 21, 1992
IN MOURNING OF THE LOSS OF KEIICHIRO YAMAHASHI
MAYOR OF ODAWARA, JAPAN
WHEREAS, the Sister City concept was Inaugurated by President Dwight David
Eisenhower in 1966 to establish greater friendship and understanding between the people
of the Unijed States and other nations through the medium of direct personal contact;
and
WHEREAS, e Sister City relationship between the Cities of Chula VISta and
Odawara was officially established on Sunday, November 8, 1981 in Chula Vista creating
a bond of friendship and joint endeavor of mutual understanding between the citizens of
two great cijies and nations; and
WHEREAS, Mayor Yamahashi strangthened the sister city bond by leading a
delegation to Chula Vista in October of 1990; and
WHEREAS, the City of Chula Vista has been informed of the passing of Mayor
Keiichiro Yamahashi on April 1, 1992: and
WHEREAS, the City of Odawara will conduct a memorial service on Tuesday,
April 21, 1992:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, Califomia,
by the authority vested in me do hereby ditecl that all City flags be lowered on Tuesday,
April 21, 1992 in honor of the late Mayor Keiichiro Yamahashi and on behalf of the citizens
and City Council of the City of Chula Vista, Calnomia do hereby extend our sincere
condolences to his wne and family and the citizens of Odawara City at this time of deep
bereavement.
:Datetftfis.1J..!.li'ry!!7- April 19-'E...
.L ~~-t__
())t'!!lor 5" tlie Ct!f ~ ChUfa o/ista
4a..-1
COUNCIL AGBNDA STATBMENT
ITEM ~
MEBTING DATE 4/21/92
ITBH TI7LB: Proclamation - proclaiming the Week of April 19-25, 1992
as "PROFESSIONAL SECRETARIES WEEK"
Mayor Tim Na~/,p.;J
The proclamation declaring the week of April 19 through April 25, 1992
as "PROFESSIONAL SECRETARIES WEEK" will be presented by Mayor Nader 'CG
Ms. Carla Griff;n, Administrative Secretary, City Clerk's Office for
the City of Chula Vista.
SUBMITTED BY:
("/STHS VOTE: YES NO xx
- -
4'c -I
PROCLAIMING THE WEEK OF APRIL 19 THROUGH APRIL 25,1992 AS
"PROFESSIONAL SECRETARIES WEEK"
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, secretaries provide the City of Chula Vista with invaluable services and
significantly contribute to and assist in various departmental functions of our city
government; and
WHEREAS, secretaries constitute a vital role in maintaining a strong local
government and business community by accepting assigned duties and responsibilities;
and
WHEREAS, the week of April 19 through April 25, 1992 has been designated
"Professional Secretaries Week. by Professional Secretaries International, its originator
and sponsor; and
WHEREAS, professional secretaries are indispensable members of the
management team and are to be commended for their dedication and contributions:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the week of April 19 through April 25, 1992 as "PROFESSIONAL
SECRETARIES WEEK" in the City of Chula Vista, California and ask that management
everywhere join in recognizing these exemplary professionals in their employment
especially on Wednesday. April 22, 1992 - "PROFESSIONAL SECRETARIES DAY".
l\b.~
,.
COUNCIL AGENDA STATEMENT
ITEM Lf ~
MEETING DATE 4/21 /92
ITEM TITLE: proclamation - proclaiming the Week of April 12-18, 1992 as
"FAIR HOUSING I~EEK"
SUBMITTED BY: Mayor Tim Na~ ("/STHS VOTE: YES NO~
The proclamation declaring the week of April 12-18, 1992 as "FAIR
HOUSING WEEK" in the City of Chu1a vista will be presented by
Mayor Nader to Eric Money-Penny, Fair Housing Officer for the City
of Chu1a Vista.
4c...-1
/",,~t~ijl~
"'~f'"-~'- -"""........,
/"'2i' _ - ~.' _ ~-_~~ ~
'~, -- - -" --. I'
~n~'RmatioTh ,~
l!p " ~
"'..' '",,",.. '''''', , j'
:, '. -,.,' ,.... "..'if /
\:t'~~~-C~~~//
.Ct. -,,=~ ,~,~... .lJ
"~ i '--.' .""
it!! PI'> " uz%ta, Car!fOmta
~ROCLAIMING THE WEEK OF APRIL 12 THROUGH APRIL 18, 1992 AS
"FAIR HOUSING WEEK"
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, Individual equality and freedom of choice. are
constitutional rights which form the foundation of our great nation; and
WHEREAS, there is an urgent need to eliminate housing
discrimination so that all citizens can enjoy their constitutional rights; and
WHEREAS, the theme for this year's Fair Housing Week, .Fair
Housing Opens Doors., reflects the values for which our country stands;
and
. WHEREAS, the City of Chula Vista realizes the need to promote fair
housing opportunities In the community; and
WHEREAS, the U. S. Department of Housing and Urban Development
and the State Department of Fair Employment and Housing have made a
commitment to encourage Fair Housing Opportunities through Title VIII of
the Federal Civil Rights Act of t 968 and the State Fair Employment and
Housing Act:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista.
California, do hereby proclaim the week of April 12 through April 18, 1992
as "FAIR HOUSING WEEK. in the City of Chula Vista, California.
;Datd tltis 8th e(lf:!I if- April 19 IL
~LZ-~
UJtrtYor 5' tlie CiY!f aura o/ista
4 e. -2.
COUNCIL AGENDA STATEMENT
Item 4-d
Meeting Date04/21/92
ITEM TITLE:
Proclamation Declaring the week of April 19th
through April 25th as Earth Week in the City
of Chula vista
SUBMITTED BY:
Conservation coordinator~~
REVIEWED BY:
City
Manager;'
'/
(4/5ths Vote: Yes___No___)
BACKGROUND:
Earth Day is the worldwide symbol of our commitment to the
environment. The first Earth Day, April 22, 1970, inspired landmark
environmental legislation such as the Clean Water Act, the Clean
Air Act and the establishment of the Environmental Protection
Agency (EPA). Since that date, Earth Day has been an annual event
bringing thousands of people together to learn about the Earth and
find ways to clean up our environment.
April 22, 1992 will be the 22nd annual celebration of Earth Day, a
day to reconfirm our commitment to the Earth. The month of April
will feature many events sponsoring a greater awareness of the
Earth, including an Earth Fair at Balboa Park on April 26th.
RECOMMENDATION: Accept the Proclamation.
BOARDS/COMMISSIONS RECOMMENDATION: NA
DISCUSSION: cities throughout the region are being asked to make a
proclamation for Earth Week. All proclamations will be displayed
in a booth at the Earth Fair event in Balboa Park. Staff have also
developed a flier about Earth Day, suggesting actions that can be
taken to reduce pollution and protect our environment. This flier
will be distributed throughout the City. Additionally, Staff will
be participating in an event at Southwestern College. The Chula
vista Nature Interpretive Center is also hosting a number of events
for Earth Day.
The proclamation will be accepted By Athena Bradley, Conservation
Coordinator, also a member of the San Diego Earth Day Steering
Committee and Barbara Bamberger, Environmental Resource Manager.
FISCAL IMPACT: None.
~J-\
PROCLAIMING THE WEEK OF APRIL 19 THROUGH
APRIL 25 AS "EARTH WEEK" IN
THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, Earth Day is the worldwide symbol of our commitment
to the environment; and,
WHEREAS, the first Earth Day, April 22, 1970, inspired
landmark environmental legislation such as the Clean Water Act, the
Clean Air Act and the establishment of the Environmental Protection
Agency (EPA); and,
WHEREAS, April 22, 1992 will be the 22nd annual celebration of
Earth Day, a day to reconfirm our commitment to the Earth, and the
month of April will feature many events sponsoring a greater
awareness of the Earth; and,
WHEREAS, pollution, drought, deforestation,
depletion, overflowing landfills, ozone destruction
environmental problems pose continuing challenges
nationally and worldwide; and,
resource
and other
locally,
WHEREAS, citizens, businesses and governments can and must
make major contributions to solving our environmental and natural
resource problems through environmentally-sound land use; public
transportation ridership and other commuting alternatives;
integrated solid waste management, including recycling; proper
hazardous waste use and disposal; conservation of water and energy;
clean air practices; and other decisions and actions that help
preserve our natural environment; and,
WHEREAS, the time to act is now to increase our understanding
of the earth and participate in conservation programs and
protecting the environment for now and for future generations; and,
WHEREAS, Earth Day will reach beyond existing environmental
constituencies to involve the broadest possible cross-section of
society including business, media, religious, political, youth,
academic and cultural participants,
NOW, THEREFORE, I, Tim Nader, Mayor of the City of Chula
Vista, California, do hereby proclaim the week of April 19 through
April 25 as "Earth Week" in the City of Chula vista. I encourage
all Chula vistans to participate in Earth Day celebrations and
become active in helping to preserve our environment and community.
FURTHER, I challenge all Chula vistans to make every day Earth Day!
I.\.c:l..l
COUNCIL AGENDA STATEMENT
Item
~-b
i7~/'SZ '11~'lqJ..
Meeting Date
ITEM TITLE:
Public Hearing: PCM-92-05 - Consideratfbn of an amendment to
the Rancho Del Rey Employment Park Design Gll'i'de,lines - Rancho
Del Rey Partnership ';'
Ordi nance ,).5t? I Adopt i ng an amendment to the
Rey Employment Park Design Guidelines
~/
Director of P1anning~L-
City Manage~
R4~~ Del
--<i'"
~qc/;
lolV
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes___No-X-)
The application filed by Rancho Del Rey Partnership (McMillin) proposes to
amend the design guidelines adopted by the City for the Rancho Del Rey
Employment Park to increase the allowable number and size of wall mounted
signs and the size of freestanding signs provided certain findings contained
in the amended guidelines are met.
The Environmental Review Coordinator has determined that the proposal is a
Class lla exemption from environmental review.
RECOMMENDATION: . That Council adopt the ordinance amending the Rancho Del
Rey Employment Park Design Guidelines.
BOARDS/COMMISSIONS RECOMMENDATION: On January 13, 1992, the Design Review
Committee by unanimous vote endorsed the proposed amendment and forwarded a
positive recommendation to the Planning Commission.
On February 12, 1992, the Planning Commission, by a vote of 7-0 and in
accordance with Reso1 ut ion PCM-92-05 recommended that the Ci ty Council adopt
the amendment as requested by the applicant.
DISCUSSION:
The Rancho Del Rey Employment Park consists of approximately 27 lots, some of
which have been developed. The original park concept was designed for mostly
light industrial users, offices and very limited service-oriented
establishments. However, as the employment park evolves, more commercial
oriented businesses may be built within the park. Consequently, the developer
finds the need to modify the business identification criteria to allow greater
fl exi bil ity for the di fferent types of establ i shments expected to be located
within the park.
The proposed increase in sign area and number of signs allowed per building,as
shown in the following table, are still within the maximum allowed within a
comparable zone Il (limited industrial zone). However, because the Rancho Del
Rey industri a 1 complex is separated from East "H" Street by an open space
parcel, and because there is no direct access to individual parcels from this
street, this edge of the industrial complex is considered the rear or side,
depending on the lot orientation. Consequently, signage facing "H" Street,
under a traditional light industrial zone could not be permitted unless the
building faces a driveway or parking for 5 cars or more in between. The
proposed amendment would allow signage facing "H" Street even if the buildings
do not face parking or provide a driveway.
~
Page 2, Item /1
Meeting Date 4/7/92
The proposed amendment al so offers a number of findings to be used as the
basis to allow larger than authorized signs. Graphic illustration depicting
acceptable and unacceptable conditions as well as graphic definitions of some
of the language used are included as well.
Staff finds the proposed amendment acceptable and recommends approval as
presented.
The proposed design guidelines amendment is summarized as follows:
WAll MOUNTED SIGNS
Current Guidelines
ProDosed Chanaes
Allowable sign area 50 sq. ft.
I sq. ft. per lin. ft. of building
frontage, or 15% of building face, or
100 sq. ft., whichever is less.
However, DRC may increase sign area up
to ISO sq. ft.
------------------------.------------------------------------------------------
Allowable number of signs =
One sign per building facing
dedicated street
One sign on each side of the building
facing a dedicated street, driveway,
parking area and East H Street.
Signs illumination
Internally or externally
illuminated signs
No change
DETACHED SIGNS (FREESTANDING)
One sign per street frontage
No change
Sign area allowed 50 sq. ft.
per side
No change
---------------------.---------------------------------------------------------
DRC - mav not increase allowable
sign area
Sign area mgy be increased with DRC
approval
PUBLIC INPUT
A letter to the Planning Commission, opposing the proposed amendment, was
received after the hearing and is attached for your information.
FISCAL IMPACT: Not applicable.
WPC 0232p
~
(,..2
s<:c.-,
~I'~~
-9<:4
0/1\1,
An ordinance of the City of Chula Vista Vista amending the Q
Rancho Del Rey employment park design guidelines adopted by 4~O
the City pursuant to Ordinance No. 2244 400J>
7;o~
WHEREAS, this application requested an increase in the allowable sign
area from 50 to 100 sq. ft. and the number of permitted wall mounted signs
from one facing street to one for each side of the building including building
sides facing East H Street. The proposed amendment also grants discretionary
authorization to the Design Review COlMlittee to increase wall mounted and
freestanding sign areas providing certain findings contained in the amended
guidelines are met, and
ORDINANCE NO.
:15'~ I
WHEREAS, the Environmental Review coordinator determined that the
proposal was exempt from environmental review as a Class lla, and
WHEREAS, the Planning Convnission and the Design Review Convnittee. At
their public hearings on these matters held February 12, 1992, and January 13,
1992 respectively, unanimously recolMlended the adoption of a an ordinance
amending the Rancho Del Rey Employment Park Design Guidelines as requested by
the applicant.
THE CITY COUNCIL OF THE CITY OF CHULA DOES ORDAINS AS FOLLOWS:
Section I
That the Design Guidelines as contained in ordinance 2244 ~ amended to read
as shown in exhibit A.
Sect i on II
This ordinance shall take effect and be in full force on the thirty-first day
from and after its adoption.
Presented By #
Bruce M. Boogaard,
City Attorney
~
Robert A. Leiter, Director
Planning Department
WPC 0240p
'-I
-
TInS PAGE BlANK
.
~
r."y
.
,
:" .
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J
.
EXHIBIT A
.ZG.' 1. ~CBO ~ZL azy KKPLOYKEXT 'ARX ~Z'ZG. G~Z~ZL1.Z'
..gin p. 70
D.t.ach.c! Sian.
o D.tach.d busin.ss id.ntification .iqns .hould be limit.d to
the dhplay of the name and/or .ymbol of the busin... or
bu.in..... occupying the .it.. No ....ag.. or adv.rti.ing of
any kind including, but not limit.d to: adv.rthing of
product., ..rvic.s, or job op.nings .hould be p.rmitt.d.
o No more than on. d.tached busin.s. id.ntification .ign .hould
b. p.rmitt.d on .ach .tr..t frontage of a d.v.lopm.nt parc.l.
o No d.tached business identificction .ign .hould exc..d a .ign
ar.a vhieh is 'he l.ese~ of 50 .quare f..t p.r .id. .~ 'he
aawiaum ai'ft area permit'.s kJ 'he le.al ,eVerftiRI awtker!ty.
jhe ~aximu~ sian area mav be increased~ccroval of the
Desion Revle.... Committee. The si9n area :!'i""difin.d a. the ar.a
of the surtace or surtaces which di.play l.tt.r. or .ymbol.
identitying the business or bu.in..... occupying the .ite, or
when the .ign is ot freestanding lett.r., the .ingl. rectangu-
lar area which tully encloses all letter. or .ymbol. id.ntify-
ing the business or businesses occupying the .ite. The .ign
area should not include the base or pedestal to which the .ign
is mounted.
o All detached business identification sign. .hould be permanent
"ground" type signs and should not .xc..d a height of 5 f.et
>abov. the underlying fini.h grade.
o All detached business identification .ign. .hould be of .uch
materials and design to be compatibl. with and complimentary
to the on-site design concept a. well a. landscape and
phy.Ical de.ign f.atur... .
o Detachedbusine.. identification .ign. may be illuminated by
continuous and uniform int.rnal illumination, baCk-lighting,
or ground lighting. No flashing or moving light. will b.
permitted. No unprotected lamp. providin9 .i9n illumination
.hould be directly vi.ible when viewed from any angle from a
di.tanc. of 20 f.et or mor.. No .ign illumination .hould ca.t
a glare which will be vi.ibl. from any .tr..t or ace... driv..
o Location: Detached business>> identification .1qn. .u.t be
located within 20 feet of a fronting .tr..t and the ace...
drive, but should not .xceed 30 inch.s in h.ight when located
in the fir.t 10 f..t adjacent to ace... drive clo...t to the
.tr..t.
(1211"1)
1
,,-,1
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I:DRTH [ P&I1.1~.611
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.J rLOCATOR
~IoJWlpet.,l..,~
. . ) ~~1'.!:~u:~r.
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Buildi~a Mount.d Sian.
o BuUeSin; aounteeS budne.. or buUeSin; ieSentification dqn.
.houleS be limiteeS to the eSi.play of the buileSinq name or the
name aneStor .ymbol of the bu.ine.. occupyinq the .ite. No
m...aq. or aeSverti.inq of any kineS inclueSinq, but not limiteeS
to: aeSvertidnq of pr04uct., ..rvice., or job op.ninq. .houleS
be p.rmitteeS.
o Bu.ine.. or buileSin; ieS.ntitication .i;n. aay be aounteeS to
any vertical .urhce of . builcUnq or buildinq ...ociat.eS
wall, provideeS .uch .iqn. app.ar a. an inteqral part of the
overall architectural aneS aite eS..iqn concept.
o No aore than one building aounted sign .hould be p.rmitted *"'
QD each .'r..'freft'.'. af . ..val.paIR' ,ar..l ~
~~ a; ~n~~~ Sff~ ~:~ "r StreetL fu t~ o~-~
~~~~~~~d a~~a. :s ~~ W ~ ~l;t~~:ldl~ ~ ~e ~
~hOUld be ~onslstenl wlth thes~ bU~~gj~a ~~unt:~ sian ~ulde-
_ines. bot_ as ind__~idual sio_s 8_ U_ t__ 8__!eaate_ 1b.I
aooreaate area of all
<? \Fila ai,1'I arn at buildin; mounted budne.. or building
identification .ign. ~n a S~l~ ~u~~ ~fp~ ~:~ ~~
~~~e~~ ~~: ~~lal~in~oo ac~e:r ;r.neao f:~u'-a;: ;;e ~ v'r
les7' may net eweeea the lesser.! 59 ell1dare fee' 81" 'fte
Wl8Hll'o\:lRl B~ildi~. ae\of.Plted silfl. area ,erai".. ~J \1\8 leeal
:e~~~~i~~ ~~hr~raia~~' st~s D~~i~~ ;~v;~~ ~so~~~tete;e::vw~f~~OG
conslstent Wtth the baSiC size llmit oUldellne above and the
followina crlterla:
...
. :~; ~~~~'iS~~~~acJieth :~~ ~~~~~:~~U~~l~~e~tsoro:~
~~
. :~~ ~~~~ ~~~~c~. ,n~ t)~llcemer.t of ~e s1~ *5 ~~
~o i ~dent~ticatign DU oses n f} not
constltute "advertlsina:" and.
.a-
~
~i;~;:~. ~~~~?!.~*~~~!~~!
The building mounted .iqn area is d.fin.d a. the area of the
surfac. or .urfac.. which display letter. or .ymbol. idenUfy-
inq the bu.ine.. or bu.ine.se. occupying the .ite, or wh.n the
siqn i. of freestandin; letters, the .in;le rectangular area
which tully enclo.e. all lett.r. or .ymbol. identify in; the
bu.in.ss or bu. in..... occupying the .ite.
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BuilcUng mounted budne.. or building J.~e~~ dqn.
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IraWft. fl.er. .
-,
o Building mounted budne.. or building identification dgn. may
be illuminated by internal illumination or backlighting
provided that the color and inten.ity of .uch lighting appear.
a. an inteqral part of the overall architectural aDd .it.
d..ign concept.
(all other guideline. remain unchanged)
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PROOF OF PUBLICA nON
This space is for the County Clerk's Filing Stamp
(2015.5 C.C.P.)
ST ATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years, and not a party
to or interested in the above-entitled matter.
I am the principal clerk of the printer 01 the
CHULA VISTA STAR. NEWS. 0 newspaper of
general circulation, printed and published
TWICE WEEKLY in the City of Chula Vista.
and the South Bay Judicial District. County of
San Diego, State 01 Cali/ornia, under the date
of Aug. 8. 1932, Case Number 71752: that
the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil),
has been published in each regular and entire
issue 01 said newspaper and not in any supple.
ment thereof on the following dates. to.wit:
Proof of Publication of
Ord. 2~01
4! '- c'
....................arT~E_~ .................
,-=~-
DEL REV r.&.lm.NT
PARK _ GUIDII=:
A_D ."...!l!!..~'
PIIRlIU.'NT TO__
NO. 1144
WHEREAS 1I1iI__
roqu_lIlinaMMlnh.
loW8ble aIgn .,... from 50 10
==.fLand....nuI1'IberOI
- .....-..I .....
....__IIl....
fof_.ldoarllo_1n-
..- ~ .~i'!.:
Eut A hML The
.'I...a~~~...o.
== Corm1l... '" In-
__.......-ond.....
""""""~__1dIntl
cer1IlIn confiliN4lft
.. guldoIlMo .,.
,_ond
WHEREAS. In. Envlr-
ormenllll ....... CaardMIDr
1- - h propoal
wu ..ernpt from ."'vlr-
ol"ll'1"l8l'1m reYlew .. . CIaII
11l;ond.
WHEREAS. "'. Planning
CommIuIon ond Ilo DnIgn
_eomm_,.._PU-
bile ~ on .... matIItI
held FebNIIy 12. ''', ...
_'3.'_.~."',.,J
unanlmoully MCf:tft'lmenDMI
!hi odapIIori 0111I ...-
IftWldIntI h _ dOl ""'
EmP.loymllnt Park o.algn
G_"__"'''
~CIrt COUNCil.. lJ'
THE C~ lJ' CHUIA Y1STA
DOES ,....IIE.., ORDAIN AS
E:
ION 1. Th.....~
.._lnOr.
-.....---.
did D reed ull'lOwn In ElhIMI
A.
SECTION 2. TIII._
___ond III In"'"
_on hlhillr-llrllU,....
""_110_.'
=r'L'2..r
Dl_OIa
~ 1Il1orm1ly
.- .......
CVOI380 0"=
all in the year 19.....:3.L.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at .......~.'.l.U..l.;3.....'..!..S..t.;3............................
Californi this....25 day of ......iI.pr..U...., 19 ..Sl~
................. ..~-.lliC0r.V..~..
Signature
Pri co:>al Clerk
6-'J
I.....
RANCHO DEL REY EMPLOYMENT PARK
DESIGN GUIDELINES
PROPOSED AMENDMENT
-I!-lJ -
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IIGNS 1M aANCHO ~EL aEY ZKPLOYKENT PAAK ~EIIGH GUIDELIMZS
Begin p. 70
Detaehed Sians
o Detached business identification siqns should be limited to
the display of the name and/or symbol of the business or
businesses occupying the site. No m.ssages or advertising of
any kind including, but not limited to: advertising of
products, services, or job openings should be permitted.
o No more than one detached busin.ss identification sign should
be permitted on each street frontage of a development parcel.
o No detached business identificetion sign should exceed a sign
area ~ftieft is ~fte lesser of 50 square feet per side .~ ~fte
maximam si,n area permittat ~y t~e leeal ,e~erftln, a~\heri\y.
he max'mum area ma e cease w v
Deslon Review Committee. The slgn area s def ned as the area
of the surface or surfaces which display letters or symbols
identifying the business or businesses occupying the site, or
when the sign is of freestanding letters, the single rectangu-
lar area which fully encloses all letters or symbols identify-
ing the business or businesses occupying the site. The sign
area should not include the base or pedestal to which the sign
is mounted.
o All detached business identification signs should be permanent
"ground" type signs and should not exceed a height of 5 feet
above the underlying finish grade.
o All detached business identification signs should be of such
materials and design to be compatible with and complimentary
to t.be on-site design concept as well as landscape and
physical design features.
o Detached business identification signs may be illuminated by
continuous and uniform internal illumination, back-lighting,
or ground lighting. No flashing or moving lights will be
permitted. No unprotected lamps providing sign illumination
should be directly visible when viewed from any angle from a
distance of 20 feet or more. No sign illumination should cast
a glare which will be visible from any street or access drive.
"
o Location: Detached business identification siqns must be
located within 20 feet of a fronting street and the access
drive, but should not exceed 30 inches in height when located
in the first 10 feet adjacent to access drive closest to the
street.
(\VI6I91) 1~
(P../~
l
~uildina Mounted Sians
o Building mounted business or building identification signs
should be limited to the display of the building name or the
name and/or symbol of the business occupying the site. No
message or advertising of any kind including, but not limited
to: advertising of products, services, or job openings should
be permitted.
o Business or building identification signs may be mounted to
any vertical surface of a building or building associated
wall, provided such signs appear as an integral part of the
overall architectural and site design concept.
o
e-
e Ill!
Q
1,;,
The size. character. and nlaeement of the sian or sions
are consistent with the arcbitectural elements of the
.1:>uiIdinsw.
~
. ::~e s~;e. ~haracte~. and ~ac:ement of ~e s1~ ~r ~i~n~
e a roo iete fo ~dent fication DU oses n d 0
constltute "advertlsina:" and.
.L.
e s e harac:ter
en consldered w th
v s bIe rom the same
o te
a e
do
v
e
The building mounted sign area is defined as the area of the
surface or surfac:es which display letters or symbols identify-
ing the business or businesses occupying the. site, or when the
sign is of freestanding letters, the single rectangular area
which fully encloses all letters or symbols identifying the
business or businesses oc:c:upying the site.
(12116191)
2
-;1 I~
,-
~-/r
L
o Building mounted ~usiness or ~uilding ~ signs
should not extend beyond ~he roon:l"Ds a ),.81,1\" a.eva 'ill.8
,Felli". fleeF.
o Building mounted ~usine.. or ~uilding identification signs may
~e illuminated ~y internal illumination or ~acklighting
provided that the color and intensity of such lighting appears
as an integral part of the overall architectural and aite
design concept.
(all other quidelines remain unchanged)
.
.
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RESOLUTION NO. PCM-92-05
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE
AN AMENDMENT TO THE RANCHO DEL REY EMPLOYMENT
PARK SIGN DESIGN GUIDELINES
WHEREAS, a duly verified application for an amendment to the Rancho
Del Rey Employment Park Sign Design Guidelines was filed with the Planning
Department of the City of Chula Vista on August 20, 1991, by Rancho Del Rey
Partnership, and "
WHEREAS, said application requested an.increase in the allowable sign
area from 50 to 100 sq. ft. and the number of permitted wall mounted signs
from one facing street to one for each side of the building including building
sides facing East H Street. The proposed amendment also grants discretionary
authorization to the Design Review Committee to increase wall mounted and
freestanding sign areas providing certain findings contained in the amended
guidelines are met, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said amendment application 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 300 feet of the exterior
boundaries of the property at least ten days prior to the hearing, and
WHEREAS, the hearing was held it the time and place as advertised,
namely 7:00 p.m., February 12, 1992, in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed,
and
WHEREAS, the Environmental Review Coordinator determined that the
proposal was exempt from environmental review as a Class lla.
NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to. the
Planning Commission, the Commission has determined that the proposed amendment
is consistent w.tth the City of Chula Vista General. Plan and that public
necessity, convenience, general welfare and good zoning practice support the
sign design guidelines modifications as presented by the applicant.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends the
the City Council adopt an ordinance to amend the Rancho Del Rey Sign Design
Guidelines subject to the following precise plan development standards:
And that a copy of this resolution be transmitted to the owners of
the property and the City Council.
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this February 12, 1992, by the following vote, to-wit:
AYES: Commissioners Carson, Tugenberg, Fuller, Casillas, Decker, Martin and
Tuchscher
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST:
~~,~~
Nan y Ripl ,Secr tary
PCH920S
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Susan Fuller,
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Chairperson
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DESIGN REVIEW COMMITTEE
MINUTES
January 13, 1992
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DESIGN REVIEW COMMITTEE
-6-
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JANUARY 13. 1992
quidelines for the East H Street frontaqes.
Commi~t.. DiBeussion
Member Landers asked if there was specific criteria that would
qualify tenants for siqnaqe on East H Street? Mr. Fukuyama
stated that there was not, but that the aqgreqate siqnaqe was
limited; therefore, unlimited numbers of tenants would not be
able to place siqnaqe on this frontaqe. He added that larqe
numbers of multi-tenant siqnswere not beinq advoca'ted by
these proposed quidelines; rather, they presented the
potential for multi-tenant identification if done tastefUlly.
Further, approval from the Desiqn Review Committee would be
required, as well as from Rancho del Rey's internal desiqn
review committee. He pointed out the quidelines were still '
fairly conservative, but conveyed some flexibility for
potential tenants who miqht require .ome multi-tenant
identification.
Chair Gilman asked staff if the committee needed to .ee the
qraphics that miqht be included? She stated that ahe had no
problem with the textual chanqes, but aqreed that qraphics
were needed. Mr. Hernandez stated that as this item was qoinq
to the Planninq Commission next, any chanqes or the inclusion
of qraphics could be brouqht back as an informational item.
Member Landers stated that her major concern was that siqnaqe
be restrained, notinq that this was an industrial center and
not a commercial area.
MSUC (Gilman/Flach) (4-0) to recommend that the proposed
amendments be forwarded to the Planninq Commission as written,
but with the inclusion of qraphic illustrations depictinq
general proportions and buildinq and .ign ratios.
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DESIGN REVIEW COMMITTEE
-5-
JANUARY 13. 1992
4.
DRC-g2-25
Rancho del Rev EmDlovment Park
Rancho del Rev
Amendment to the sians Section
staff Pre.entation
Associate Planner Luis Hernandez introduced the proposal,
which consisted of amendments to the sign section of the
Rancho del Rey Employment Park Design Guidelines. He noted
that the amendments would allow signage on elevations of the
building facing parking, street frontages, or East H street;
additional .ignage, as well as increased area for signs, would
be permitted under the proposed guidelines. The proposed
amendments would allow applicants greater flexibility, and,
would place requests for additional sign area in the design
review track. Mr. Hernandez stated that staff had some
concerns about proposed signage on East H Street, and
therefore recommended approval of the proposed amendments,
with the inclusion of graphic illustrations to clarify the
intent of the amendments. He added that the committee's
decision on this item would be forwarded as a recommendation
to the Planning Commission, and then to the City Council for
approval.
Committee Ouestions
Member Landers asked how the proposed signage compared to
commercial signage, noting that these were industrial lots.
Mr. Hernandez stated that the requested signage was actually
less than that permitted by the Zoning Ordinance. Member
Flach asked about concerns with signage along East H Street?
Mr. Hernandez responded that the concerns had been primarily
directed toward minimizing glare and impacts upon the
neighboring residential areas; he stated that the scale of the
proposed signage was such that it was really not perceivable
by adjacent residential areas.
ACDlicant ReSDonse
craiq Fukuyama of Rancho del Rey Partnership addressed the
committee, stating that this item was long in coming. He
stated that upon initial approval of these guidelines, the
committee had requested greater flexibility in reviewing
signage. Additionally, there was a lack of specificity as to
authority for approval of sig",ge facing East H Street; these
amendments would address this. This proposal provided
guidance for the committee in approving signs of increased
scope and area, while providing greater flexibility for
applicants in designing signs. Mr. Fukuyama provided
preliminary sketches that had been drawn to convey the types
of signs that would be seen as acceptable within the new
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PLANNING COMMISSION
MINUTES
February 12. 1992
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PC Minutes
-5-
February 12, 1992
ITEM 3:
PUBLIC HEARING: PCM-92-Q5: CONSIDERATION OF REVISIONS TO
THE RANCHO DEL REY EMPLOYMENT PARK DESIGN GUIDELINES -
McMillin Communities
Associate Planner Hernandez presented the project. The proposal had been presented to the
Design Review Committee on January 20, 1992, who endorsed the proposal as presented but
with the recommendation that additional graphics be incorporated into the amendment to clarify
some of the language in the guidelines. Mr. Hernandez noted that the project was exempt from
the environmental review process as Class llA, and staffs recommendation was to adopt a
motion recommending approval of the proposed amendment as requested by the applicant.
Commissioner Martin, referring to page I-Detached Signs, asked the genesis of meeting more
than 50 sq. ft. per sign. Mr. Hernandez answered that buildings in El Rancho del Rey were
significantly larger than older buildings seen in commercial zones, and the combination of lots
would possibly create more than one tenant with the potential of being accommodated in one
freestanding sign. There was no specific limit as to the maximum, but the Design Guidelines
were being followed to create appropriate monumentation which resembled the building
architecture.
Commissioner Casillas asked if there were any guidelines which addressed how large the border
around the sign could be. Senior Planner Griffin responded that the entire sign area included
the border in the square footage calculation.
Commissioner Decker was concerned about signage facing "H" Street, and if it would be
considered on an individual basis. Mr. Hernandez stated that in this particular instance, it would
be allowed by right and subject to design review.
This being the time and the place as advertised, the public hearing was opened.
Craig Fukuyama, representing the applicant, supported staffs recommendation for approval
of the r~uest. --He gave some background as to the signs facing East "H" Street and the
language included to provide for sign visibility to East "H" Street. East "H" Street is a scenic
highway corridor and much of the landscaping occurring on the slope along East "H" Street,
when matured, would block much of the view. Also, the Design Review Committee was very
careful and was looking at very strict landscape screening that would eventually screen much of
the mass seen along East "H" Street. The intent was to provide minimal opportunity for some
visibility; however, the Design Review Committee felt there should be some flexibility, so the
Design Guidelines as proposed provided that these exceptions are allowable under given
circumstances which the Design Review Committee fo~nd appropriate.
Commissioner Tugenberg commented that I-L zone allowed for administrative, executive, and
financial offices. He suggested the applicant might consider residence inns within the industrial
park.
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PC Minutes
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February 12, 1992
Commissioner Tuchscher asked if the tenants who were expressing interest Were higher-end
tenants by comparison as to what would be found in other industrial areas in Chula Vista. Mr.
Fukuyama said there was not a market for the office user; but they were finding users that were
more owner occupied, less speculative building. Many were businesses already in Chula Vista
who had outgrown their facilities.
Answering Commissioner Tuchscher's query, Mr. Fukuyama said exposure to East .H" Street
was critical to some of the users, and in some cases could be a deal breaker.
No one else wishing to speak, the public hearing was closed.
MS (FullerlTugenber&> to recommend approval of the Proposed Rancho del Rey Sian
Design Guideline Amendment as requested by the applicant.
AMENDMENT TO MOTION:
Commissioner Decker moved that the following amendments be made to the Guideline:
1. Part 2, page 2, third bullet, fifth line: .More than one sign per building side may
be approved by the Design Review Committee with concurrence o/the Planning
Commission. "
2. Part 2, page 2, fourth bullet, seventh line: "That the Design Review Committee,
with concurrence o/the Planning Commission, may approve a sign ....
The motion died for a lack of second.
VOTE ON ORIGINAL MOTION: 6-1 (Commi~~ioner Decker voted against)
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PUBLI C INPUT
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'~2.7
Cily PiClnrllng Commission
City of Chula Visla. California
276 F o!.lrth Ave.
Chula Vista Ca
91910
RECEIVED
\:Ek 1 ') '1''-
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PLANNING
MR. & MRS. DANIEl KINCADE
916 REDBUL ROAD
CHULA VISTA, CA 91910
10F ebruary 1992
Dear Commission Members:
This letter is In reference to the hearing to be held on February 12th, regarding the
MacMillan Communities request to amend the signage section at the Rancho Del Rey
Employment Center. Having been involved with early phases of the SPA process for the Rancho
Del Rey project, I feel that the residents of the C~y of Chula Vista are being taken advantage of.
I felt the initial planning process thaI resulted in the entire Rancho Del Rey project was fair and
consisted of a series of compromises that would serve the City of Chula Vista. the MacMillan
Comparlies and the RESIDENTS of the area as well. Everyone had a chance for input on the
project and its impacts on the local environment. Initially. I really believed that the process
worKed and prOVided a plan that was practical and met the needs of all parties I now feel that
my early opinion was a direct result of my naive belief that all parties were dealing in good faith.
First. the ag-eed upon business park was requested to be changed to an . Automobile
Row". That was never mentioned in the original plan for a light industrial park. Fortunately. that
request was rf!jected I believe in large part to the public opposition that was raised. Now
another request is on the table. If my memory serves me correctly. one of the 'selling" points
used to gain approval of the business park plan as it was originally presented was that the area
would be completely self-contained in respect to ~s visual impact to the surrounding areas. Now
MacMillan wants to change the rules that we all ageed to play by. If the signage requirements
are a valid business issue. why did MacMillan ag-ee in principle to the existing regulations at
t~,e start of the SPA process? Maybe its easier to agee with the popular public opinion in the
early stages of project planning. and then go back and "amend" the ag-eements piece by piece
at a later date DIVide and conquer has been used as a successful tactic in many arenas since
the dawn of time.
In a time 'when outdoor advertising is in decline. and people are more concerned with
the visual impact of everything from fences to bridges on the environment. why should we
permit MORE signs? My family and f are outraged at this request to change the signage section
at Rancho Del Rey. First. I have no respect for an individual or a corporation that offers one
plan. which is accepted by all involved, then goes back on the ageement later. Second, I do not
want to see a forest of signs when I travel to and from my home. Perhaps more importantly. I am
upset about the prinCiple that is at stake here. When any goup of people work through an issue
towards an acceptable resolution. I feel that the resulting ageement has to be honored by ALL
participants. regardless if they ere municipalities, cO("porations or private individuals.
Therefore. I ask you to deny this request for an amendment to the signage section for
Rancho Del Rey Employment Center. In doing so. I feel that you will not only be making the right
decision for the community, but you will reinforce the beliefs that ethics and commitment do
mean something in our local government.
Sincerely,
?1e1fi"2j
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CITY COUNCIL AGENDA STATEMENT
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ordina~'?'Wkending Chapter 2.31
<:j~ Municipal Code relating
/,\" Review conunission to
^V
,(. ~anges and corrections
<t-'.'iY
SUBMITTED ~' City Attorney
e:<!J
IrEM ~ 7
MEETING DATE. 4TII ,... Lt I ,11[" 2...
IrEM TITLE:
of the Chula Vista
to the Mobilehome Rent
make certain technical
4/5th. Vote. Yes__No X
In May, 1991, when the City Council recognized by ordinance the Mobilehome Rent
Review Conunission, it was reconunended originally to have seven members. At the
last minute, there was a change made to reduce the number of voting members from
seven to five. However, other sections of the ordinance wherein reference was
either made or implied that the conunission had seven members was not corrected.
This ordinance amendment proposes to correct those collateral references. In
addition thereto, it is the reconunendation of the City Attorney to amend the
ordinance to require that ex-officio members have no interest in a mobilehome
park, either as a tenant, or owner or manager. This is proposed in order to
avoid the inherent conflict that a tenant or mobilehome park owner will have in
reviewing either a specific rent review case or matters of general policy.
RECOMMENDA~ION. Adopt the attached ordinance.
BOARDS/COMMISSION AC~ION: N/A
DISCUSSION:
1. One such collateral reference in the current ordinance is to the initial
terms of voting members. In order to achieve a staggering of the terms of
office, the initial terms of the conunissioners are less than the full four
year term. However, seven initial terms were provided for and it needs to
be corrected to only reference five initial terms.
2. originally, the ordinance proposed that the appointment of voting members
to initial terms was to occur not later than the third month after the
initial appointment of the seventh voting member. Since there are only
five voting members, this reference needed to be corrected.
3. Finally, consistent with our practice of defining a quorum to be a
majority of the members on the conunission, we specified in the original
ordinance that four voting members would constitute a quorum. Now that
the number of voting members has been reduced from seven to five, three
voting members constitute a quorum, and the attached ordinance makes this
correction.
In addition to these technical corrections'; one substantive change is being
reconunended by the attached ordinance. Currently, no voting members may be
tenants or owners of a mobilehome park. However, the Council is required to
appoint one ex-officio member who is a tenant and one ex-officio member who is
a park owner. Since eX-Officio members may participate in deliberations, but may
not vote, in order to avoid a most likely conflict of interest that both a tenant
and a mobilehome park owner will have in a site specific rent review case, or in
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general policy matters, language is being proposed by the attached ordinance that
will require ex-officio membership in the Commission to have no interest in a
mobilehome park, either as a tenant, owner, manager, or agent or employee of
either. Such persons will be left to participate as general members of the
public where they can freely attempt to influence the deliberations without
exposure to criminal prosecution.
As a result of this change, the Council may wish to consider, independent of
staff's recommendations here+with, the removal of ex-officio membership entirely.
FISCAL IMPACT. Negligible
C:\A1I3..a.,.a 2.31 MHRRC
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UI'VO
ORDINANCE NO. ~5t?..2.. 1i'~-1
OIl!;,
Q4-
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING /Vb 4-
CHAPTER 2.31 OF THE CHULA VITA MUNICIPAL CODE ~~b
RELATING TO THE MOBILEHOME RENT REVIEW COMMISSION TO ~liQ
MAKE CERTAIN TECHNICAL CHANGES ~
AND CORRECTIONS
WHEREAS, the Mobilehome Rent Review Commission was added
to the Municipal Code by Ordinance No. 2451, adopted on May 7,
1991; and
WHEREAS, said ordinance was amended to provide that the
number of voting members should be reduced from seven to five; and
WHEREAS, various other sections of the ordinance made
reference to the existence of seven voting members; and
WHEREAS, certain technical changes need to be made to
correct the references to the proper number of voting members.
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby ordain as follows:
SECTION I: Subsection 2 (Ini tial Terms of Voting
Members) of Subsection A (Term of Office--A11 Classes of Members)
of section 2.31.050 (Term of Office) is hereby modified to read as
follows:
2. Initial Terms of Voting Members.
Notwithstanding subsection A.I., the Initial Terms shall
commence upon appointment and shall conclude, for one (1)
Voting Member on June 30, 199~-1.;. for two (2) Voting
Members on June 30, 199~.i; and for two (2) Voting Memberg
lIIellllael's on June 30, 199.,2; I aflel. fel' t....e (2) \'etiflEj
Hembers efl J\ifle 3 a, 1995, unless they shall otherwise
sooner resign, die, become disqualified or incompetent to
hold office.
a. Assignment to Initial Terms by Lot.
voting Members shall be assigned to Initial Terms by lot
at the first regular meeting at which all Voting Members
are present, but in any event not later than the third
month after the initial appointment of the ~ final
Voting Member.
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SECTION II: That
Commission), at Subsection D
amended to read as follows:
section
(Quorum)
2"31.060 (Operations of
thereof shall hereby be
~ Three Voting Members shall constitute a quorum for
the transaction of business.
SECTION III: That Section 2.31.040 (Membership) at
Subsection B (Designation of Members) Subsection 3 (General Ex-
Officio Members) to read as follows:
The city Council, or its designee, may appoint not
greater than three (3) additional ex-officio members of
the Commission, who shall not be required to be qualified
elector(s) of the City, but any such appointed ex-officio
members shall have. throuqhout their term. no interest as
either a tenant in. or an owner or manaqer of. a
mobilehome park. and who shall have no vote ("General Ex-
Off icio Member"). ':Phe ci t.y Coansil ahall a{3peifl't eRe cu
eff ieie member \:he shall 13e. a t.eRaflt. in a mabile-heme parle
within 'the eity at. 'the 'time af appeiRt.meR~ ana threH~heHt.
the memeer'o 'term. The CeaReil shall alee appeiRt. eRe
en offieie member ..188 shall Be an B'i..Wller af a ll\obilchel1ls
parle at. tA.~ time af a13130intmcRt afla t.hre\:l'iJheut. t.he.
member's te.rm.
SECTION IV: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented and Approved as to form by
.!: ~~g~y Attorney
2
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ORDINANCE NO. .;,5' tfl.,2 , DII\IQ. .
41\1D .
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING 4Do~a
CHAPTER 2.31 OF THE CHULA VITA MUNICIPAL CODE W
RELATING TO THE MOBILEHOME RENT REVIEW COMMISSION TO
MAKE CERTAIN TECHNICAL CHANGES
AND CORRECTIONS
WHEREAS, the Mobilehome Rent Review Commission was added
to the Municipal Code by Ordinance No. 2451, adopted on May 7,
1991; and
WHEREAS, said ordinance was amended to provide that the
number of voting members should be reduced from seven to five; and
WHEREAS, various other sections of the ordinance made
reference to the existence of seven voting members; and
WHEREAS, certain technical changes need to be made to
correct the references to the proper number of voting members.
NOW, THEREFORE, the City Council of the city of Chula
vista does hereby ordain as follows:
SECTION I: Subsection 2 (Initial Terms of Voting
Members) of Subsection A (Term of Office--All Classes of Members)
of section 2.31.050 (Term of Office) is hereby modified to read as
follows:
2. Initial Terms of Voting Members.
Notwithstanding subsection A.l., the Initial Terms shall
commence upon appointment and shall conclude, for one (1)
Voting Member on June 30, 199-2-.1; for two (2) Voting
Members on June 30, 199~~; and for two (2) Voting Member2
memBers on June 30, 1994,2; I al'Hi fer twe (2) Yotil'lEj
MemBers el'l JUl'le 3e, 1995, unless they shall otherwise
sooner resign, die, become disqualified or incompetent to
hold office.
a. Assignment to Initial Terms by Lot.
Voting Members shall be assigned to Initial Terms by lot
at the first regular meeting at which all Voting Members
are present, but in any event not later than the third
month after the initial appointment of the ~ final
Voting Member.
1
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SECTION II: That
commission), at Subsection D
amended to read as follows:
section
(Quorum)
2.31. 060
thereof
(Operations of
shall hereby be
~ Three Voting Members shall constitute a quorum for
the transaction of business.
SECTION III: That Section 2.31.040 (Membership) at
Subsection B (Designation of Members) Subsection 3 (General Ex-
Officio Members) to read as follows:
The City Council, or its designee, may appoint not
greater than three (3) additional ex-officio members of
the Commission, who shall not be required to be qualified
elector(s) of the City, but any such appointed ex-officio
members shall have. throuahout their term. no interest as
ei ther a tenant in. or an owner or manaaer of. a
mobilehome park. and who shall have no vote ("General Ex-
Officio Member"). The city Cecll'leil shall a~~eiRt eRe ex
afficio me_eel!" \.iie shall Be a tCflaRt ill a mobilca6me flar)c
\wwithiR thE: eity at the tim~ af alJ~eintl1\CRt. aRS threuqhelit.
the lftCmDCr'o term. ~he GeuReil ohall alee appoiRt eRe
au sificio m.ember \:;}\e aft:>>.ll be an O\;Rer af a JRobilehem6!
parlc at the time of appeiflt.mE:flt and thrSliEJaSl:lt the
member's t.erm.
SECTION IV: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented and Approved as to form by
or!: ~~g~ Attorney
2
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PROOF OF PUBLICA liON
(2015.5 C.C.P.)
51 A IE OF CALIFORNIA,
County of San Diego:
I am a citizen af the United States and a
resident af the County aforesaid; I am over
the age of eighteen years, and not a party
to or interested in the above-entitled matter.
I am the principal clerk of the printer of the
CHULA VISTA STAR.NEWS, a newspaper of
general circulation, printed and published
TWICE WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752: that
the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil),
has been published in each regular and entire
issue of said newspaper and not in any supple.
ment thereof on the following dates, to.wit:
<1 j 2 S
all in the year 19..9.2.....
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at ....~.tl.\.\.l..a...U.s.t.il...............................
California, this.':':'!:>. day of Ap.r-.j..l.........., 19..9-2
...u.&.k:.~..................
Signature
Principal Clerk
l_ 1,8
This space is for the CQunty Clerk's Filing Stamp
Proof of Publication of
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AHO~~THE
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COUNCIL AGENDA STATEMENT
r\\O~
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Ordill~dt!~o. ~.5t'r. Adding Section 2.58.060 to the
C~~~Vista Municipal Code regulating the payment
~~~~prevailing wages for contracts let by the city.
.cJJ' u r'">L
S\,: R8sslli1>isft 111.' - J", - Announcing the Council's
Intent to Award the Bids on the Fifth Avenue
Project, Naples to Orange, on the Basis of the Bid
Alternate A, without Requiring the Payment of
Prevailing Wage. D..J)
Submitted by: Bruce M. Boogaard, City Attorney ~ ~
John P. Lippitt, Public Works Director~
Reviewed by: City Manager~~
( .
:/
Agenda Classification: Action Item
Meeting Date:
Item: ~"
April ~ 1.f(.2./('1<...
Item Title:
4/5ths vote: ( ) Yes (X) No
The proposed ordinance will elevate our existing policy on the
payment of prevailing wage, now contained in Resolution 12493, to
the level of an ordinance, thereby clarifying that the Council is
not waiving any of its home rule authority granted to it by the
State Constitution as a charter city.
The proposed resolution will create a condition of ripeness
that will permit opponents to our determination not to pay pre-
vailing wages on the Fifth Avenue project to litigate that issue
prior to our having become contractually obligated to the bidder to
whom the project is let.
RECOMMENDATION:
Adopt the attached Ordinance which permits maximum flexibility
to the city in deciding whether to pay the prevailing wage rate on
public projects"
BOARDS AND COMMISSIONS RECOMMENDATION:
None.
Not applicable
DISCUSSION:
wages8.wp
April 2, 1992
Al13 re Fifth Avenue Project
Page 1
.-01-. .; (. !
~d I
Labor Code section 1770 et seq. purports to require a public
entity to pay prevailing wages on public works projects. A
chartered city is not required to pay prevailing wage rates for
projects which are "municipal affairs," and do not conflict with
significant Legislatively established policy (matters referred to
as "statewide concerns") unless required as a permissible condition
of state or Federal funding.
I have opined in the attached Legal Memorandum that the city
is not required to pay prevailing wages in connection with the
Fifth Avenue project.
A recent case on this subject suggests that a charter city may
waive its home rule authority to pay prevailing wages. The
attached Ordinance is designed to make it clear that the Council
has not waived, and does not waive, such power.
On May 20, 1986, the City adopted Resolution No. 12493 (copy
attached) limiting payment of the prevailing wage to projects
required to have the prevailing wage due to their funding by state
or Federal programs.
The attached Ordinance adds section 2.58.060, further
elevating the policy determinations inherent in Resolution No.
12493, by limiting, as a matter of ordinance, the City's duty to
pay the prevailing wage on City public works projects which are a
city's municipal affair only where: 1) required by Federal or State
grants; 2) there is a conflicting "statewide concern" otherwise
requiring the payment of prevailing wages; or 3) the prevailing
wage is authorized by the City Council.
The Ordinance better conforms to current law and should
benefit the City by reducing project costs"
The reasons for adopting the attached ordinance is to raise
the policy choice of not requiring the payment of prevailing wages,
except where required to do so, to the level of an ordinance.
As such, it will make it clear the Council does riot waive the
home rule authority that a charter city has with regard to its
choice not to have to pay prevailing wages"
An explanation of the law in this area, and the reasons for
this exercise of authority are more fully set out in the Legal
Memorandum attached hereto.
The project which brings this matter to the public agenda is
the proposed improvement of Fifth" Avenue, between Naples and
Orange. The legal issue is whether a local road project funded
with Trans Net funds is a municipal affair protected from intrusion
wages8.wp
April 2, 1992
A113 re Fifth Avenue project
Page 2
~
<i"L
. ,
ORDINANCE NO. .15(/f
AN ORDINANCE ADDING SECTION 2.58"060 TO THE
CHULA VISTA MUNICIPAL CODE REGULATING THE
PAYMENT OF PREVAILING WAGES FOR CONTRACTS LET
BY THE CITY.
3tcOND F\EADING
AND ADOPTION
WHEREAS, Labor Code section 1770 et seq. requires a
public entity to pay prevailing wages on public works projects;
WHEREAS, on May 20, 1986, the city Council of the City
of Chula vista adopted Resolution No. 12493 rescinding Resolution
No. 7532 which established the prevailing wage rates as those
listed in the published book entitled "Equipment Rental Rates and
General Prevailing Wage Rates," published by the state of
California;
WHEREAS, Resolution 12493 limited payment of the
prevailing wage to "projects which are required to have the
prevailing wage schedule due to their funding by State or Federal
programs, the booklet entitled 'Equipment Rental Rates and
General Prevailing Rates,' published by the state of California
shall be used for said projects";
WHEREAS, the City Council has consulted its City
Attorney who has determined that the prevailing wage requirements
of the Labor Code do not pertain to local public works projects
of a chartered city, when the City is contracting for projects
which are limited to "municipal affairs," and State or Federal
funding do not otherwise require the payment of the prevailing
wage:
WHEREAS, this Ordinance codifies the policy
incorporated in Resolution No. 12493 by limiting payment of the
prevailing wage requirements to public works projects which
involve "statewide concerns," or where required by State or
Federal programs;
NOW THEREFORE, the City Council of the city of Chula
vista does ordain as follows:
Section 1. section 2.58.060 is hereby added to the
Municipal Code, and said section shall read as follows:
2"58.060 Payment of Prevailing Wages
No contract shall require payment of the prevailing
wage schedule unless:
A.
The prevailing wage is legally required, and
wages9.wp
April 1, 1992
Ord. Re prevailing Wages
Page 1
t
1-1
constitutionally permitted to be imposed, by Federal or
state grants; or
B. The project is considered by the City Council not
to be a municipal affair of the City; or
C. Payment of the prevailing wage is authorized by
resolution of the city council.
Payment of the prevailing wage schedule if
hereunder, shall use the pertinent rates
the state of California.
authorized
lished by
Presented by:
d a~to
John Lippitt, Public Works
Director
Bruce M. Boogaard
City Attorney
wages9.wp
April 1, 1992
Ord. Re prevailing Wages
Page 2
.8 -J..
by the state Legislative requirement for the payment of prevailing
wages.
The legal issue is a matter of first case impression in this
state, and although I am thoroughly convinced that it is a correct
interpretation of the law in this area, if this Office is wrong
with regard thereto, I would like that determination made prior to
subjecting the low bidder to a Division of Labor Standards
enforcement action, and his employees, and the employees of his
subcontractors, to the payment of a lesser wage than that to which
they are legally entitled.
Thus, in order to make this issue ripe for litigation if any
party so desires,Y in advance of having to become contractually
bound to the lowest bidder, I request that the council adopt the
attached resolution announcing their intention to award the bid on
the basis of Bid Alternate A (without the payment of prevailing
wage) to the lowest responsible bidder, reserving the right to the
fullest extent of the law, to waive any bid irregularities.
Fiscal Impact:
If the city is able to avoid the payment of prevailing wages,
as regards the Fifth Avenue Project, there will be a savings of
about $50,000, or about 6%, based on the difference between the low
bidder's submittal of Alternate A and Alternate B.
If the same ratio of savings can be expected throughout the
Local Road Portion of the Trans Net funding scheme, the city may be
able to generate a savings of $1,200,000, or get $1,200,000 more in
the way of road improvements accomplished for the same money.
1. The attorney for the second lowest bidder, Errecca, Inc., under
the prevailing wage bid, Bid Alternate B, has represented that they
may desire to contest my determination that the City does not have
to pay prevailing wage on this project" The attached resolution is
intended to make such a lawsuit ripe for determination without
actually having to award the bid.
wages8.wp
April 2, 1992
Al13 re Fifth Avenue Project
Page 3
. '---:tzr-y-
8'.. 3
LEGAL MEMORANDUM
TO:
Honorable Mayor and councilmembeil ~
Bruce M. Boogaard, City Attorney~
John Goss, city Manager
John Lippitt, Public Works Director
John Rea, Chief Counsel, Department of Industrial
Relations
Jeff Blease, Rudick, Platt, victor & Zuccaro, Attorney
for Ericca, Inc.
Caves Construction
FROM:
ce:
DATE:
April 1, 1992
Application of the Municipal Affairs Doctrine to the
requirement to pay prevailing wages on the 5th Avenue
road improvement project.
RE:
I. ISSUE PRESENTED
Is the contractor ("Contractor") to whom the City of Chula
vista ("city") lets a bid on its Fifth Avenue road improvement
project between Naples street to Orange Avenue ("Project") in the
city of Chula Vista required to pay prevailing wages to employees
retained to do work on the Project?
II. CONCLUSION
No"
The Project is an improvement of a Road which has local
transportation significance only.
Funds to pay for the Project is coming exclusively from that
portion of Trans Net funds ("Local Trans Net Funds") earmarked for
local road projects. No condition is imposed by the Trans Net
Legislation or the San Diego Association of Governments ("SANDAG")
Ordinance 87-1 that recipient cities pay prevailing wages in
conjunction with public works projects which use said Local Trans-
Net Funds. Although the Trans Net taxing scheme may involve a
wages3"wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 1
-w
PROOF OF PUBLICA nON
(2015.5 C.C.P.)
ST A TE OF CALIFORNIA.
County of San Diego:
I am a citizen af the United States and a
resident of the County aforesoid; I am over
the age of eighteen years, and not a party
to or interested in the above.entitled matter.
I am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS. a newspaper 01
general circulation, printed and published
TWICE WEEKLY in the City of Chula Vista,
and the South Bay Judicial District. County 01
San Diego, State of California. under the date
of Aug. 8, 1932, Case Number 71752: that
the notice. of which the annexed is a printed
copy (set in type not smaller than nonpareil).
has been published in each regular and entire
issue of said newspaper and not in any supple.
ment thereof on the following dates, to.wit:
Lt I .~~.
all in the year 19....~:.~...
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at ......~:....:::.~J!.......L~.:;.0
.:. d I' "fl'l 19 :'2.
So'...".. oy 0 ..1.....j.J...... ..... I .,;;.
utu..-. t\ r --h-> A yt}f"-
................,...~~.......~......
Signature
8-.3
This space is for the County Clerk's Filing Stamp
Proof of Publication of
...........v. r:. d. _... L 5.0. A.............................................
ORIlINANCE NO. 211M
AN ORDINANCE ADIIlNQ
................... seCT1CiN UI.OIO OF THE
CHULA VISTA MUNICIPAL
COOE ftEQU~T1NQ THE
PAYMENT OF PIlEVAlIJNQ
WAGES FOR CONTRACT8
LET BY THE CITY
WHEREAS. Labor Code
SectIOn 1770 .tseq. requlr...
public llIlIlly .. ... p_1Ing
W.ia on public works
pro ecta;
EREAS. on May 20,
1986, the City Coundl of the
CIty of Chul& Villa 1ldo~18d
Raaolutlon No. 12493 ,..CineS-
lng RMoludon No. 7532 which
established the p,evalllng
wage ,UM as IhoM Ils18d In
the publiShed book enllll<<t
"Equipment Renlal RateI ancI
Gene,al P,avalllng Wage
Rates," ~bllah8c:l by1ha Stale
otCallfotnla:
WHEREAS, Resolullon
12483 IlmIl8cI payment of the
prevailing w8QIi ID ''ptqect8 I
which are required to have Ih8
plOY..ng _ _... dUo
10 their luncang by Blal8 or
Federal ~ama, ihe booklet
entitled 'Equipment Rental
Ratas and G.......l Prevllillng
Ratea,' publlahad by the Stale
01 CallfOmla ahall t)e uMCI for
'.~13;; ". OIly Coundl
has conauli8d Ita CIty Attorney
who I'IU datarmlnea thai: ....
p'''.'ng wag. ,_"amanta
01 the L8bof Code do not p<<"
taln ID local public works
projectl of a ch.,.... d!:Y,
whan ". City II canlrac1lng ...
orojOCII wnfch ara "mlted ID
limunldpal aflalra," ."d SIaI8
or F". funding do not 0Ch-
arwl.. r5a the payment or
"'.pray., _:
WHEREA , 1IiI_ Ordinance
_na.". pal... In",,,,,......
In RHoIutlon NO. 124113 by n-
mlllng paymenl at the prevail-
Ing WIIQ8 raqulram&nta m pu-
blfc worka p(oj8C1a which In-
votve .....1IWlde cancer",," or
whafa MQUlred by SIaIa or
F_a1"'llII,amai__
NOW THiIlEFune, 1ha CIty
COuncil of "'a Cltr of Chu..
Vista dOH Ofdaln as foloW:
SECTION 1. Sactlon
2.58,080 Is he!8br. added 10
the Munldpal Code. and aalcl
Sectton Shall ralld ..followS:
2.58.080 Paymentol Prevall-
IngW"
No contract ah8Il raqLira
payment 01 tha pravaRIng w-aa
_enaclute unlMS:
A. The prevailing. wage Is
legallY required, WId conalltu-
::ll parmlllad .. ... 1m.
, by Fadaral ... ..-,
aranta;_~ '
.~
CV 01382
d.
source for funds which are generated extra-territorial, it has no
significant social policy attached to it sufficient to constitute
a "statewide concern" exception to the Municipal Affairs Doctrine;
but even if it had, the "statewide concern" necessary to vitiate
the Doctrine of Municipal Affairs in this case must relate to the
policy reasons for requiring the payment of prevailing wages, not
for imposing the tax. It does not.
The law requiring the payment of prevailing wages on public
works projects has specifically been held by the California Supreme
Court to be a matter which is not of sufficiently significant
social policy to be a "statewide concern."
The Charter of the City of Chula Vista exerts full "home rule"
authority granted by the State Constitution under the Municipal
Affairs Doctrine. The City asserts the full benefits of this
Doctrine in this case, and has since 1986, where by resolution it
declared its intent to pay prevailing wage only if required as a
condition of a state or federal grant. An ordinance has been
introduced and is soon expected to become effective, clarifying and
elevating this policy to a legal mandate codified in the City's
municipal code.
Accordingly, it is my opinion that the Municipal Affairs
Doctrine exempts the City's contractor for this Project from the
requirement that it pay prevailing wages to employees working on
said project.
III. FACTS
A. The prevailina Waae Law.
The State adopted Labor Code section 1771 et seq. requiring
the payment of the prevailing wage on public works projects:
Except for public works projects of one thousand dollars
($1,000) or less, not less than the general prevailing rate of
per diem wages for work of a similar character in the locality
in which the public work is performed, and not less than the
general prevailing rate of per diem wages for holiday and
overtime work fixed as provided in this chapter, shall be paid
to all workers employed on public works.
This section is applicable only to work performed under
contract, and is not applicable to work carried out by a
public agency with its own forces. This section is applicable
to contracts let for maintenance work"
The statute applies to
direction and supervision
"improvement work done under the
of any political subdivision or
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 2
;{O/..~
P-r
district thereof-" Labor Code section 1720.
B. The Road.
Fifth Avenue is a two lane road ("Road") with at grade
intersections. It starts at Orange Avenue, in the City, and ends at
the Chula vista Shopping Center, also within the city (See Map,
attached as Exhibit "0"). Fifth Avenue is not a through street and
serves intra-city traffic only (See Map, attached as Exhibit "0").
There is no direct access to any freeways or expressways"
The Road runs through a single family residential neighbor-
hood, the house lots adjacent to which have an average of 50 to 100
feet frontage. The driveways of the homes exit directly on to
Fifth Avenue. The general practice among the residents along Fifth
Avenue for entering their respective lots is to drive head first
into their driveway, and to exit by backing their cars out onto
Fifth Avenue.
The Road no longer serves even as a north-south inter-city
thoroughfare because in the mid 1980's the city closed the Road a
three blocks north of the segment herein in question in order to
permit the expansion of a Shopping center.
The City classifies its streets basically on the basis of
capacity to handle traffic volume. We have nine categories of
streets, from the highest volume street, known as an "expressway",
ranked first, to the lowest volume street known as an "industrial
road", ranked ninth. The Road is currently designated as a Class
III Collector Street, ranked seventh. It is designed for 7,500
Average Daily Trips ("ADT") with access to and for residential
communities (See Street classification designations, attached as
Exhibit "E"). The street currently experiences anywhere from 1,550
to 5,800 ADT. (See ADT listing, attached as Exhibit "F").
C. The Proiect.
That portion ("Road Segment") of the Road which is the subject
matter of the Project (hereinbelow defined) is from Naples Street
to Orange Avenue. The Road segment is located within the heart of
the City. (See Aerial Photograph, attached as Exhibit "B" i and
Photos of Fifth Avenue, attached as Exhibit "C"). The Road Segment
is currently about 42 feet wide, and has no curbs, gutters or
sidewalks.
The City proposes to construct street improvements on the Road
Segment consisting of the following: removal of existing
appurtances, excavation and grading, asphalt concrete paving,
installing curbs and gutters, sidewalks, driveways, ramps, sewer
laterals, drainage ducts, street lighting, signals, stairs,
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 3
.~
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fencing, mailboxes, water service connections, traffic control, and
additional related work (See Plans and Specification, attached as
Exhibit "A"). The road improvements are well within the city and
are intended to serve intra-city traffic and commerce.
The planned improvements will upgrade the street from a Class
III, ranked seventh, to a Class II Collector street, ranked sixth,
designed for 12,000 ADT (See street classifications, attached as
Exhibit "E"). The street will have two-way center turn lanes at
intersections to circulate local traffic from intersecting streets.
The width of the street will increase by approximately 10 to 12
feet on each side.
Thus, the Project, both before and after the improvement, is
of a road which has exclusively a local transportation signifi-
cance.
D. The Fundinq Source.
The Project is being funded exclusively with that portion of
Proposition A Funds (also known as "Trans Net Funds") earmarked for
local road projects.
Proposition A Funds are those funds from the proceeds of a 1/2
percent increase in the sales tax ("Sales Tax Rider") applicable in
San Diego County only. The authority for the imposition of the
Sales Tax Rider arose from Public utility Code sections 132000, et
seq., and Proposition A, which passed November 3, 1987 (See
Funding, attached as Exhibit "G"Y).
The State Legislature adopted Public utility Code section
132000, et seq.,V which did not impose a statewide sales tax
increase" Rather it was enabling legislation which gave the local
residents of San Diego County the opportunity to tax themselves in
order to pay for local transportation facilities:
"(b) It is in the public interest to allow the voters of San
Diego County to create the San Diego County Regional
Transportation Commission so that local decisions can be
implemented in a timely manner to provide improvements to
the transportation system." (emphasis added)
Public utilities Code section 132000(b).
1. The bid is $856,000 and Exhibit G shows that only $802,000 is
available. The difference will be transferred in from another
project funded with Local Road Portipn Funds.
2. This was a local, SANDAG sponsored bill, SB 361 (Deddeh)"
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 4
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~-1
In turn, the local voters, not the state Legislature, adopted
Proposition A at the ballot box in November, 1987, thereby choosing
to tax themselves, and breathe economic life into the San Diego
Regional Transportation Commission.
Pursuant to the Public utilities Code scheme, the Board of
Directors of the San Diego Association of Governments, a local
board consisting of elected representatives from each of the San
Diego county city and county governments ("SANDAG"), serves as the
San Diego Regional Transportation Commission ("Commission").~
After the adoption of Proposition A, and pursuant to its
authority, the Commission adopted Ordinance 87-1, attached as
Exhibit H, which approves the Expenditure Plan dividing the total
"pie" of revenues generated by the Sales Tax Rider into four
groups: (1) the first $1,000,000 per year is applied to bicycle
facility improvements; and the balance is divided equally between
(2) highway improvements; (3) public transit improvements; and (4)
local street and road improvements ("Local Road Portion")"
The Ordinance, at section 2 (D), defines the purpose of funds
dedicated to the Local Road Portion:
. . .These revenues will be used to repair and rehabilitate
existing roadways, to reduce congestion and improve safety,
and to provide for the construction of needed facilities.
Each local agency will prepare a listing of the projects
proposed for funding through the measure with public
participation required.
Section 3 (C) sets forth the distribution formula for the
Local Road Portion. Annually, each city gets $50,000, and the
balance is distributed, 2/3rds based on population and 1/3rd based
on maintained street mileage.
section 3 (C) (4) establishes that a City's Local Road Portion
of "Funds shall be expended in accordance with the following
priorities:
a" to repair and rehabilitate existing
roadways;
b. to reduce congestion and improve safety;
c. to provide for the construction of needed
facilities"
Thus, while a City's Local Road Portion of Trans Net Funds may
have originally arisen from a specific retail transaction in a
3" Public utilities Code section 132051.
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 5
~
City, the funds are commingled in a manner that make it impossible
to determine the source as being purely within the city.
No condition is imposed either by the enabling legislation,
the ballot Proposition, or the enacting SANDAG ordinance that
recipient cities pay prevailing wages in coni unction with public
works projects funded by Proposition A Funds.Y
E. The Charter Authoritv
The City of Chula Vista became a charter city in 1949, and has
exercised its constitutional grant of power to govern as to munici-
pal affairs by Section 200 of its Charter, which provides as fol-
lows:
Sec. 200. Powers of citv.
The city shall have the power to make and enforce all
laws and regulations in respect to municipal affairs, subject
only to such restrictions and limitations as may be provided
in this Charter and in the Constitution of the State of Cali-
fornia. It shall also have the power to exercise, or act
pursuant to, any and all rights, powers, privileges or
procedures, heretofore or hereafter established, granted or
prescribed by any law of the State, by this Charter, or by
other lawful authority, or which a municipal corporation might
or could exercise, or act pursuant to, under the Constitution
of the State of California. The enumeration in this Charter
of any particular power shall not be held to be exclusive of,
or any limitation upon, the generality of the foregoing
provisions.
The city exercises the full aspect of its constitutional grant
of such "home rule" authority as to any activity it engages in,
including but not limited to the level of wages it chooses to pay
on public works projects that are municipal affairs. In 1986,
after and in reliance on the Vial decision, the City exercised its
municipal affairs authority in the arena of prevailing wages by
Resolution No. 12493, a copy of which is attached as Exhibit I,
which rescinded a prior resolution, No. 7532, requiring the payment
of prevailing wages. It provided that the City should pay
prevailing wage only when required as a condition of the funding
source:
4. In addition to the Ordinance 87-1, enacted by SANDAG, imposing
the sales tax without imposing the duty to pay prevailing wage, the
General Legal Counsel confirmed that SANDAG does not require the
payment of prevailing wage, and it is left to the determination of
the individual charter city.
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 6
--;)..JI- ~ J
F-lf'
"BE IT FURTHER RESOLVED that projects which are required to
have the prevailing wage schedule due to their funding by
State or Federal programs, the booklet entitled "Equipment
Rental Rates and General Prevailing Wage Rates", published by
the State of California shall be used for said projects."
IV. ANALYSIS
A. The Municioal Affairs Doctrine--home rule.
Article XI, section 5(a) of the California Constitution
provides:
"It shall be competent in any city charter to provide that the
city governed thereunder may make and enforce all ordinances
and regulations in respect to municipal affairs, subject only
to restrictions and limitations provided in their several
charters and in respect to other matters they shall be subject
to general laws. City charters adopted pursuant to this
Constitution shall supersede any existing charter, and with
respect to municipal affairs shall supersede all laws
inconsistent therewith."
When a charter city accepts, by the language of its charter,
the privilege of controlling its municipal affairs, it is said to
have accepted the "home rule" privilege. See Murohv v. Piedmont
(1937) 17 Cal. App. 2d 569, 62 P. 2d 614.
By the provisions of Section 200, quoted above, the City of
Chula vista availed itself of the home rule privilege and exerted
to the fullest extent the power granted to it by the State
Constitution. See Moraan v. citv of Los Anaeles (1920) 182 Cal
301, 187 P. 1050; Civic Center Association v. Railroad Commission
(1917) 175 Cal. 441, 445, 166 P. 351, 353; City of Pasadena v.
Charleville (1932) 10 P. 2d 745, 746.
This authority permits a charter city's ordinance and
regulations of municipal affairs to have the same force and effect
of legislative enactmentsV and subject only to restrictions
contained in its charter and the State Constitution.
In essence, as to municipal affairs, a charter city takes its
authority to govern from the California Constitution, the same
authority by which the Legislature secures its power to legislate.
The fact that both entities take their power from the same source,
5. Article 11, section 3 (a) of the state Constitution provides:
"The provisions of a charter are the'law of the State and have the
force and effect of legislative enactments".
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 7
.
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the state judiciary is left to resolve disputes in the exercise of
conflicting power.
B. Does the citv's Charter Soecificallv Permit the PaYment of
Minimum Waaes on Public Works proiects?
No.
But the California Supreme Court, in the case of Pasadena v.
Charleville (1932) 215 Cal. 384, 10 P.2d 745 held that it was
not necessary that the charter specifically legislate on the
subject. In order to remove the city's municipal affairs from
the control of general laws it is sufficient if the city has
availed itself of the ["home rule"] offer extended to it by
the Constitution as amended in 1914 and has incorporated in
its charter an acceptance of the privileqe tendered [citations
omitted]. Where in the one case the charter specifically
legislates upon the subject it is deemed a grant of power; and
where, on the other hand, the charter in general terms accepts
the offer extended by the Constitution, the enumeration of
powers is unnecessary and the general language of the
acceptance becomes a limitation of the power of the city and
is all-embracing so far as the removal of the municipal
affairs of the city from the control of the Legislature is
concerned [citations omitted].
Thus, the city's Charter could have a specific provision
requiring the payment of market wages in its public works projects,
but it is unnecessary because the city's charter has accepted the
offer of "home rule" authority granted by the Constitution.
C. When Is An Activitv of a Charter Citv a Municioal Affair?
After reviewing a multitude of cases regarding this subject,
cited herein, it is this author's evaluation of the Doctrine of
Municipal Affairs that there are two separate analysis occurring by
the Courts, sometimes in an overlapping manner that makes it first
appear as a single concept. First, the Courts look to the basic
activity itself to discern if there are extra-territorial aspects
or consequences to the activity. If there are no extra-territorial
consequences, it is a "municipal affair". Second, however, the
Courts consider if the purely intra-territorial activity has an
impact on a Legislatively established policy to which the courts,
not the Legislature, attach a high level of significance.~ If so,
6. In California Federal v. Los Anaeles (1991) 283 Cal. Rptr. 569,
54 Cal. 3d 1, 812 P.2d 916, rehearing denied, the California
(continued. . . )
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April 1, 1992
Legal Memo re Prevailing Wages
Page 8
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the Courts impose the
Doctrine, abrogating the
to govern its affairs.
"statewide concern" exception to the
City's constitutional grant of authority
This elevation of legislative policy to "statewide concern"
necessarily has to be with the Courts, not the Legi5lature, since,
in this area, the Legislature and a Charter City are of equal sta-
ture. There would be no "check and balance" if the Legislature
could unilateral defeat the authority constitutionally granted to
a Charter City simply by declaring that its policy implicit in
every piece of legislation could rise to the stature of a "state-
wide concern". The Vial Court, citing Bishop v. citv of San Jose
(1969) 1 Cal 3d 56, 61-62, 81 Cal.Rptr. 465, 467-68 'said:
"Deciding whether a particular ordinance deals with municipal
affair or [read: "and is not a"] a subject of statewide concern is
judicial, not a legislative function."
Because the Courts do not invade lightly into the power
distributed by the Constitution between a charter city and the
State Legislature, they have chosen not to opine in the abstract
when a particular matter is of sufficient significance to be of a
"statewide concern". This gives rise to the rule that the issue of
determining a "municipal affair" and a "statewide concern" is
decided on a case-by-case basis. See Bishop v. city of San Jose,
supra, 1 Cal.3d at 62, 81 Cal.Rptr. at 468; California Federal v.
Los Anaeles. supra.
The California Supreme Court has already struck this balance
in the arena of local road improvements and the payment of
prevailing wages therefore.
D. Local Street Improvements Have Been Firmlv Held to Be a
Municipal Affair.
The law in California is well established that the improvement
of local streets is a municipal affair, and ordinances of a charter
city with regard thereto take precedence over conflicting state
6. (...continued)
Supreme Court calls it the "correlative dimension of the 'municipal
affairs' doctrine, namely those conditions under which the obverse
proposition applies and the Legislature constitutionally may sup-
plant charter city measures with its own enactments":
'The phrase "statewide concern" is thus nothing more than a
conceptual formula employed in aid of the jUdicial mediation
of jurisdictional disputes between the charter cities and the
Legislature, one that facially discloses a focus on extramun-
icipal concerns as the starting point for analysis."
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law.
In Raisch v. Myers (1946) 27 Cal.2d 773, 167 P.2d 198 the
California Supreme Court was called upon to decide whether a Code
of civil Procedure provision which would have resulted in the
extinguishment of lien was superior or subordinant to a local
ordinance of a charter city which did not extinguish the lien.
Applying the Municipal Affairs Doctrine, the court held that the
local ordinance supercede the contervailing state law:
The improvement of streets and the collection of the costs
therefore are municipal affairs. Admittedly San Francisco
being a charter city, its charter supersedes state law in this
field, and the provisions of a street improvement ordinance
'adopted pursuant to the authorization of the charter have the
same sanction and the same effect that they would have had if
incorporated in the charter itself.' [Citations omitted] And
ordinance provisions relating to such municipal affairs will
prevail over general laws inconsistent or in conflict
therewith. [Citations omitted]
~. at 201 (emphasis added).
The California supreme Court came to the same conclusion in
city of Walnut Creek v. Silveria (1957) 47 Cal.2d 804, 306 P.2d
453, 457. Here, in the context of a validation proceeding for a
bond issue, the Court held that street improvements were a
municipal affairs:
The improvements to be made in the instant case consist of
covering Walnut Creek which traverses the business area so
that it may be used; to provide new streets, to extend non-
through streets, to widen other streets, in order to provide
adequately for the greatly increased traffic circulation in
the' commercial area. There can be no ouest ion that the
proposed improvements fall within the definition of municipal
affairs as that rule is set forth in the decided cases.
[Citations] (emphasis added)
Finally, in Perez v. citv of San Jose (1951) 107 Cal.App.2d
562, 237 P.2d 548, the city constructed road improvements includ-
~ng, a dividing strip, traffic signals, and lighting. The roadway
was part of a state hiohwav route and all but $15,000 came from
state funds.
The court held the expenditure of funds on the road improve-
ments had a municipal purpose despite the fact it was part of a
state highway:
San Jose and its inhabitants receive a special benefit, as
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compared with the rest of the state, in the improvement of the
Alameda within city limits. It facilitates local as well as
through traffic. The lighting, the signals, and the general
safety advantages of the improvement are for the benefit of
the local citizens as ,well as others. There could be no
possible auestion that this improvement on any other city
street would be a municipal purpose. The fact that this city
street is also a state hiohwav makes it no less a citv street
and makes its improvement no less a matter of citv concern.
~. at 553 (emphasis added).
The Fifth Avenue Improvements located between. Naples street
and Orange Avenue in the City are substantially less of a statewide
concern than the state highway in the Perez case. The Road
Segment, the Road and the Project have, and after the Project is
completed, will still have, virtually no extra-territorial
significance--it is a facility which functions primarily to allow
local property owners access to their homes. Its improvement is
therefore strictly a municipal affair of the City of Chula vista.
E. The Choice Not to Pay prevailino Waoes Does Not Elevate a
Municipal Affair into a statewide Concern.
As indicated, despite the fact that the basic activity in
which a charter city engages is clearly a "municipal affair", the
courts balance the power of the Charter City against the power of
the State Legislature by creating the exception to the Municipal
Affairs Doctrine, called "statewide concern", where some related
aspect of that activity impacts a Legislatively-established policy
to which the Courts have attached a high level of significance.
When the Courts--not the Legislature--attach such a level of
significance to a Legislative policy, they advance the argument
that the activity is of a "statewide concern", thereby subjecting
the Charter City's home rule authority to various legislative
enactments that implement the important state policy.
This "statewide concern" argument has been applied cautiously
by the Courts because it has the attendant consequence of negating
a charter city's constitutional grant of power over "municipal af-
fairs". It has been done, for example, (1) in areas where a char-
ter city sought to impose traffic regulation on city streets in
conflict with the vehicle codeV, (2) where a charter city
7. Ex parte Daniels (1920) 183 Cal. 636, 192 P. 442, 21 A.L.R.
1172, wherein it was held that the speed limit at which automobiles
might be driven was a matter of general state concern and therefore
the State Motor Vehicle Act was controlling over a city ordinance
(continued. . . )
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attempted to require the registration of criminals residing within
its limi ts~/ , (3) in certain public agency labor relations mat-
ters2/, and (4) the right to tax financial institutions.liV
However, numerous California Courts have specifically ruled
that the payment of prevailing wages was not a Legislative policy
of such a high level of significance that it would become a
"statewide concern".
The most significant of these is our Supreme Court's decision
in city of Pasadena v. Charleville (1932) 215 Cal. 384, 10 P.2d 745
(overruled on other grounds, PurdY & Fitzpatrick v. state of
California (1969) 71 Ca1.2d 566, 585-86, 79 Cal.Rptr. 77). The
city manager refused to sign a contract for the construction of a
fence around a city owned and operated reservoir because it did not
require the payment of prevailing wages. The court held:
7. ( . . . continued)
providing a less rate of speed. In PipolY v. Benson (1942) 20
Cal.2d 366, 125 P.2d 482, the court held that the regulation of
traffic is a statewide concern.
8. In Abbott v. city of Los Anaeles (1960) 53 Cal.2d 674, 681, 3
Cal.Rptr. 158, 349 P.2d 974, a Charter city's municipal criminal
registration act was held to be invalid because it was preempted by
state and beyond charter city's constitutional powers.
9. The right to join a union was held to be a "statewide concern"
in Professional Fire Fiahters. Inc. v. city of Los Anaeles (1963)
60 Cal.2d 276, 292, 32 Cal.Rptr. 830, 384 P.2d 158. The Supreme
Court held that a charter city was subject to the requirements of
a state statute prohibiting cities and others from infringing upon
the right of fire fighters to join a union because a consistent
statewide policy regarding general rights and obligations of labor
and management was a matter of statewide concern.
In Baooett v. Gates (1982) 32 Cal.3d 128, 185 Cal.Rptr. 232,
649 P.2d 874, the Court held that the public safety officers'
procedural bill of rights was a matter of "statewide concern".
In People ex reI. Seal Beach Police Officers Assn. v. citv of
Seal Beach (1984) 36 Cal.3d 591, 205 Cal.Rptr. 794, 685 P.2d 1145,
the Court held that the "meet and confer" requirement of Government
Code was a matter of "statewide concern", and had to be complied
with before proposing a charter amendment concerned with terms and
conditions of public employment.
10. California Federal v. Los Anoel'es (1991) 283 Cal. Rptr. 569,
54 Cal. 3d 1, 812 P.2d 916, rehearing denied.
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The hiring of employees generally by the city to perform labor
and services in connection with its municipal affairs and the
payment of the city's funds for services rendered to the city
by its employees in the administration of its municipal
affairs is not subject to or controlled by general laws
[citations omitted]. The charter of the city contains full
provisions for the doing of the proposed work by contract or
by force account and for payment therefor from municipal
funds.
~. at 747.
The Charleville Court was susp~c~ous of the purported state-
wide interest of the Legislature represented by the "prevailing
wage law":
The foregoing statute does not purport to fix or provide for
the fixation of the wage to be paid under all employment
contracts, public and private. . . . The obvious purpose of
the statute is to prescribe conditions upon which the statute
will permit work of a public character to be performed for it
or for public agencies of the state over which the Legislature
may constitutionally exercise control. . . . The necessity for
or the desirability of the statute now under discussion are of
legislative concern. The judicial question is: Where rests
the power to enact it so as to make it binding on the city of
Pasadena? The answer must be that such power rests only in
the people of the state through the Constitution or in the
people of the city by or under the authority of its
freeholders' charter.
In other words, if the Legislature was sufficiently concerned,
i. e., to a level of "statewide concern", that all employees be paid
a sufficient wage, it could have legislated it, and still can
legislate it, for private sector "works" as well as public sector
"works".1!I It does not do so through the minimum wage laws. It
could have attempted to make it applicable to "force account" work,
but it does not do that either. Rather, it chooses to single out
itself and its political subdivisions which it can control under
the general laws of the State to require the payment of prevailing
wages on contracts let to public bid. It could not, and still may
not, control the purely local public works contracts of a charter
city.
11. Article 14, section 1 of the state Constitution provides:
"The Legislature may provide for minimum wages and for the general
welfare of employees and for those purposes may confer on a
commission legislative, executive, and judicial powers."
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The California Supreme Court case of Sonoma Countv Oroaniza-
tion of Public Emplovees v. Countv of Sonoma (1979) 23 Cal. 3d 296,
152 Cal. Rptr. 903, recognized the continuing validity of its
Charleville holding, citing it for the proposition that "salaries
of local employees of a charter city constitute municipal affairs
and are not subject to general laws. Although the Sonoma case
represents a different attempt of the Legislature to control wages
paid for public services,lY i.e., that of city employees as
opposed to the wages of private sector employees doing public
works, the result was the same that the state could not present a
sufficient interest in controlling the wages to be paid by a
charter city on an exclusively municipal affair.
Our own Fourth Appellate District reiterated the continuing
validity in Vial v. citv of San Dieao (1981) 122 cal.App.3d 346,
175 Cal. Rptr. 647. In YiAJ" the charter ci ty of San Diego
abolished its prevailing wage schedule and permitted payment of
prevailing wages "only when required by Federal or State grants and
on other jobs considered to be of State concern. . . ."~. at 347.
The court held:
The prevailing wage law, a general law, does not apply to the
public works projects of a chartered city, as long as the
projects in question are within the realm of "municipal
affairs" [Citation]. The expenditure of a city's funds on
such projects and the rates of pay of the workers whom it
hires to carry them out are municipal affairs. [Citation]
Id. at 348. The court upheld the city's resolution because it
limited itself to projects of municipal concern.
The Fourth Appellate District, in Div. of Labor Standards v.
Ericsson Inf. (1990) 221 Cal.App.3d 114, 270 Cal.Rptr. 75 wherein,
12. In Sonoma, the Legislature attempted the inverse--to lower
public service wages rather than increase them as in the Prevailing
Wage Law. They attempted to prevent cities from giving a pay raise
to its employees greater than pay raises granted to state
employees, by conditioning the receipt of proposition 13 "bail-out
funds". The Legislative purpose was to "allow essential local
government services to be maintained at a higher level than would
otherwise be the case, and will promote full employment and prevent
layoffs, and that the limitation of local employee salaries is
designed "to alleviate the current fis,cal crisis created by the
passage of Proposition 13 .and to provide for maintaining
essential services which would otherwise be lost." As in the case
of the Prevailing Wage Law in Charleville, the Supreme Court
rejected the social significance attached to the purported
statewide concern in Sonoma.
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in connection with a telephone installation contract at a
University building on the UCSD campus, it gratuitously, and
unnecessarily, offers the following obiter dicta:
We conclude the protection afforded private sector employees
working on public projects is a matter of statewide concern
and accordingly the public works prevailing wage laws are
applicable to the university.
~. at 124.
However, Ericsson is significantly different from our
situation in the following regards:
1. Ericsson involved a state university, not a charter city.
The University of California does not have the "municipal affairs"
doctrine rooted in Article 11, Section 5(a) of the Constitution.
It has a "university affairs" doctrine, rooted in Article 9,
section 9 of the state Constitution, which declares that the
University of California is a public trust subject to the control
of the Regents,
"with full powers of organization and government, subject only
to such legislative control as may be necessary to insure the
security of its funds and compliance with the terms of the
endowments of the university and such competitive bidding
procedures as may be made applicable to the university by
statute for the letting of construction contracts, . . ."W
2. In Ericsson, the Fourth Appellate District did not
overrule its own prior decision, rendered nine years earlier, in
Vial. Rather it distinguished Vial on the grounds that the
University did not attempt to avail itself of the "home rule"
privilege--it contractually required its contractor to pay
prevailing wage! In essence, the Constitutional grant of power was
not exercised as it was in Vial, and as it is in our case.
3. By distinguishing Vial, rather than overruling Vial, it
recognized the continuing validity of Vial, and its predecessor
cases.
4. Under the doctrine of stare decisis, an appellate court
13. Unlike a charter city, the University of California is
constitutionally obligated to comply with legiSlatively-imposed
competitive bidding procedures. A greater explanation of this
"university affairs" doctrine is explained in San Francisco Labor
Council v. Reaents of Universitv of"California (1980) 26 Cal. 3d
785, 788, 163 Cal. Rptr. 460, 608 P. 2d 277).
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<6 ~ It
can not reverse, and did not purport to reverse, the holding of two
prior decisions of the California Supreme Court holdings that the
Prevailing Wage Law is not a matter of "statewide concern". See
Auto Eouitv Sales. Inc. v. Superior Court (1962) 56 Cal. 2d 450, 20
Cal Rptr 321.
5. Further, the City contract, if the non-prevailing wage bid
is accepted by the Council, will not provide for payment of the
prevailing wage, contrary to the University contract in Ericsson,
which did, and this clearly impacted the decision in Ericsson.
6. Ericsson relies on O.G. Sansone Co. v. Department of
Transportation (1976) 55 Cal. App. 3d 434, 458-460, 127 Cal. Rptr.
799, to discern a "statewide concern" since the legislation itself
offers no policy justification. The Sansone case, itself, notes:
"Little has been written in judicial opinions concerning the
purpose of the California legislation", and ironically de~ends on
the policy behind the federal Davis-Bacon legislation.lit One
would think that the Legislature could offer in the codified
legislation, a policy justification for its existence that could be
used to elevate it to a matter of "significant social policy".
If anything, Ericsson introduces the concept of "waiver" of
constitutionally granted power. To the extent that the University
could have asserted a "quasi-municipal affairs" doctrine, it
clearly waived that right in the contract. Ericsson, who had
contractually, agreed to pay the higher wage, and submitted his bid
on the basis ,of that promise, was simply trying to increase his
profit margin--not exercise a constitutional power on behalf of the
University. Denying Ericsson was not a denial of the University'S
power to control its own internal affairs.
Unlike Ericsson, the city has a charter provision availing
itself of the privilege to govern its municipal affairs.~ The
Charter provision is consistent with the Charter adopted in
Charleville, which Ericsson acknowledges is sufficient to reserve
municipal authority. See Div. of Labor Standards v. Ericsson Inf.,
supra, 221 Cal.App.3d at 124, footnote 17.
The author is also mindful of repetition of these policy
statements transformed as State Legislative policy, in the February
2, 1992 California Supreme Court decision in Lusardi Construction
Company v. Aubrv, 92 Daily Joural D.A.R. 2409, involving a hospital
district--a political subdivision of the power granted to the State
of California. No aspect of the Municipal Affairs Doctrine/state-
14. 40 U.S.C., section 276a, et seq.
15. The language is set forth above.
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wide concern analysis was or could have been evaluated in that
case. As a political subdivision of the state, it was bound to
follow the prevailing wage legislation.16/
F. Did the citv of Chula vista waive Its Riaht to Govern its
Internal Affairs as to the policv of payina prevailino Waoes?
No.
The City's Charter grants the City the right to govern its
municipal affairs:
The City shall have the power to make and enforce all
laws and regulations in respect to municipal affairs,
subject only to such restrictions and limitations as may
be provided in the Charter and in the Constitution of the
state of California. It shall also have the power to
exercise. or act pursuant to. anv and all riahts. powers.
privileoes or procedures. heretofore or hereafter
established, granted or prescribed by any law of the
state, by this. Charter, or by other lawful authority, or
which a municipal corporation mioht or could exercise. or
act pursuant to. under the Constitution of the state of
California. The enumeration in this Charter of any
particular power shall not be held to be exclusive of. or
any limitation upon. the aeneralitv of the foreaoino
provisions.
Article II, section 200 (emphasis added).
In 1974, the Council, acting under the mistaken apparent
belief that it was required to pay prevailing wages for public
works contracts let to bid, by the operation of Labor Code section
1770, et seq., adopted Resolution 7532, a copy of which is attached
as Exhibit J, identifying the prevailing wages rate schedule it
would use on its public works projects.
In 1986, the City Attorney advised the Council that, due to
the home rule provisions of its municipal charter, it was not
required to pay prevailing wages on public works projects, and the
16. This case stands more importantly for the proposition that our
contractor can be held liable to the state for the payment of pre-
vailing wages if we are wrong in our determination of applicability
of the prevailing wage law, and that we may be required to
indemnify the contractor for that liability. We sought to protect
against an adverse, upside risk, by requiring the alternate bids.
Upon an adverse resolution to this', issue, our liability to the
contractor will be limited by the Alternate B Bid.
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City Council thereupon, by the adoption of Resolution No. 12493,
copy attached as Exhibit I rescinded Resolution No. 7532, declaring
its intent to pay prevailing wage only if required as a condition
of a state or federal grant.
An ordinance has been introduced and is soon expected to be-
come effective, clarifying and elevating this policy to a legal
mandate codified in the City's municipal code.
2.58.060 Payment of Prevailing Wages
No contract shall require payment of the prevailing wage
schedule unless:
A. The prevailing wage is legally required, and
constitutionally permitted to be imposed, by Federal or
state grants; or,
B. The project is considered by the Council to not be a
municipal affair of the City; or,
C. Payment of the prevailing wage is authorized by
resolution of the city council.
Payment of the prevailing wage schedule if authorized
hereunder, shall use the pertinent rates published by the
state of California.
G. Can the Source of Funds for a Municipal Affair Elevate it
to a statewide Concern?
No. An extraterritorial source of funds has never been held
to strip a charter city of its home rule power. The dispute
resolution procedure articulated herein, and referred to as the
Municipal Affairs Doctrine/statewide concern analysis, was never
designed to so casually disregard the constitutional source of a
charter city's power to govern. In order to strip a charter city
of this constitutional grant as to a project that is entire local
in nature, there has to first be a conflict between a city action
and a contrary state law. The dispute is then resolved based on
the conflict.
No court has ever proposed that you look to the source of
funds, and if it is extra-territorial to the charter city, that you
subject the city to each and every state legislative enactment.
The funding source itself would have to be a statement of
Legislative policy of such a high level of significance that a
charter city's constitutional grant of power should be abrogated--
and then, only as to the asserted policy. Such is not the case
here.
For example, the significant social policy considerations--
i.e., "statewide concerns"--inherent in the Trans Net taxing scheme
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would be relevant in the context of a competing ordinance from the
City of Chula vista providing that retail transactions in the City
would not bear the addition 1/2% sales tax.
Such was the case in the Committee of Seven Thousand v.
Superior ct. (1988) 45 Ca1.3d 491, 247 Cal.Rptr. 362. The
Legislature passed section 66484.3 authorizing Orange County
cities, such as Irvine, to impose development fees for the
construction of three "transportation corridors", described as
"high-speed, high-volume, controlled-access facilities. . .planned
for eventual incorporation into the state highway system."
Opponents of the roadways sponsored an initiative in the City
of Irvine which would have required a referendum vote before
imposing or collecting any such fees. Thus, there was a conflict
between a proposed city ordinance and the state law, and the issue
as to the authority (of the people) to legislate as to a "municipal
affair" was joined. Obviously, the court held that the legislation
was part of funding a corridor-specific, intramural, regional
transportation system that was to be eventually incorporated into
the state highway system, and therefore, was of a statewide
concern.
But Seven Thousand represented a conflict between a state-
sanctioned funding scheme for a transportation facility and a
countervailing local impediment to that funding scheme. The
Municipal Affairs Doctrine/statewide concern issue comes into play
in such a conflict and it was necessarily resolved by saying that
the charter city's countervailing impediment conflicted with a
statewide concern.
In our particular circumstance, we have no conflicting
impediment to the Proposition A/Trans Net Funding scheme. We
appreciate the voters providing us with a source of local road
improvement dollars, and intend to take the fullest advantage of
it. Even if such a conflict existed, it could not bootstrap all
general laws into a binding obligation on a charter city exercising
its home rule authority.
The description of the facts alone in Seven Thousand are
enough to distinguish this case without significant further com-
ment. Suffice it to say that nothing in Seven Thousand imposed the
duty to pay prevailing wages on charter cities, and nothing in
Seven Thousand imposes the rule that an extraterritorial source, of
funds abrogates a charter city's power to govern its internal
affairs. In fact, because the State Law related to the collection
of development fees for inter-city development, the funding source
in Seven Thousand was entirely local, in nature!
Seven Thousand is totally consistent with the conflict-
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resolution function served by the "statewide concern" concept, and
does not address the conflict between a state Prevailing Wage law
and a contrary public works project by a charter city.
As a second case in point exemplifying that the statewide
concern has to relate to a conflicting exercise of power by the
City, the charter city of Los Angeles's attempt to tax financial
institutions was held to be invalid because of the significant
statewide policy to the contrary. See California Federal v. Los
Anoeles (1991) 283 Cal. Rptr. 569, 54 Cal. 3d 1, 812 P.2d 916,
rehearing denied.
However, this is not the case before us. The city is not
proposing a countervailing funding scheme, or an impediment to the
Trans Net Funding scheme. There is nothing in the Trans Net
Funding scheme that endorses a social policy that recipient
agencies should pay prevailing wages!
As noted above, the "statewide concern" argument is cautiously
applied by the Courts when, despite a particular activity being a
purely local, purely intra-territorial matter of a charter city, it
has certain aspects which negatively impact an established
Legislative policy to which the Courts have attached a high level
of significance.
Here, the funding source is the Local Road Portion of Trans
Net Funds. There is no statewide policy or cOncern attached to
such funds. As shown above, the generation of Trans Net Funds was
enabled, not mandated, by a state law that was conceived locally,
carried by local legislatures, limited by its words to apply only
to San Diego County, and implemented locally by the adoption of the
County measure, Proposition A. If it were of "statewide concern",
the state Legislature would have required it to apply, at a
minimum, throughout the state--not haphazardly permit a region to
tax themselves if they wanted to, and apply the proceeds, as they
saw, fit, to local or regional road systems, or bike paths!
Our office is aware of the San Diego city Attorney's
Memorandum dated January 18, 1990 ("Memorandum"), a copy of which
is attached as Exhibit K, concluded to the contrary--that the use
of Proposition A funds for street improvements creates a "statewide
concern."
With all due respect to my esteemed colleague's office, I
believe the analysis errs. The memorandum cites certain "public
interest" policy statements in creating the financing scheme and
the mandatory duty of the commission to impose the tax if adopted
at an election. She emphasizes some of the "countywide" uses to
which the funds would be put, explained in the ballot argument, and
that the State Board of Equalization will be called upon to collect
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and distribute the tax. Nothing in her analysis points to any
significant Legislatively-established social policy associated with
the funding scheme sufficient to abrogate the constitutional power
of a Charter City to govern its municipal affairs, especially as to
the right to permit contractors to pay market wages.
The Memorandum is really suggesting that an extra-territorial
source of the funds is sufficient to abrogate the Municipal Affairs
Doctrine to the extent that all, not just judicially determined
highly significant, state-established pOlicy--including prevailing
wages--takes precedence to the city's right to govern its municipal
affairs. But if this were the case, Chula vista would not even be
able to use the property tax revenues of its general funds to build
the Project.
After the passage of Proposition 13, the taxes generated from
a specific parcel of property are not paid directly to the City.
They are collected from property taxpayers allover the County by
the County Tax Collector and redistributed to the various taxing
agencies based primarily on an agency's taxing effort between 1975
and 1978. It would be impossible to determine that the source of
property tax revenues paid to a city's general fund is purely
within the city. Yet, a rule that the use of property tax revenues
to conduct a municipal affair abrogates the Constitutional grant of
power to charter cities and would have the ultimate affect of
rendering useless the entire constitutional provision--a fact which
the Courts have never recognized.lV
Thus, it is this author's opinion that the source of funds
does not determine the applicability or non-applicability of the
Municipal Affairs Doctrine, especially as it may be overridden to
require the payment of preyailing wages.
Not one case cited by the Memorandum held that the receipt of
extraterritorial funds transforms an otherwise municipal affair
17. Our Charter permits us to determine the winner of a City
election on the basis of securing a clear majority winner, and we
may require a run off election to accomplish this. Cases
immemorial recognize that how a charter city conducts its elections
is clearly a municipal affair. Yet we use property tax funds to
pay for such elections, and these property tax revenue are now
clearly extra-territorial. Are we now required to determine our
winner on the basis of a plurality--the means set forth in the
Elections Code applicable to all general law cities? until one can
- say that extra-territorial funding sources can require that, they
can not be heard to argue that use of an extra-territorial funding
source such as Trans Net dollars reqtiires a charter city to comply
with the Prevailing Wages Law.
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into a "statewide concern". Even more significant is the failure
to address the line of cases applyin~ the Municipal Affairs
Doctrine to the prevailing wage statute.llV
The remaining cases cited by San Diego fail to even address
street improvements, much less the prevailing wage. The case
Wilson v. Citv of San Bernardino (1960) 186 Cal.App.2d 603, 9
Cal.Rptr. 431 held that the formation of a water district is a
statewide concern, subject to state law. citv of Santa Clara v.
Von Raesfeld (1970) 3 Cal.3d 239, 90 Cal.Rptr. 8 held that a city's
financial contribution to a regional water pollution control
facility was of statewide concern. Finally citv of Pasadena v.
Chamberlain (1928) 204 Cal. 653, 269 P. 630 held that the
Metropolitan Water District Act was valid because it involved
statewide concerns. These cases all address regional water
interests which are vital statewide interests, unlike improvements
in a local roadway.
Conclusion
We recognize that this area is beset with emotion by those who
have a financial stake in the award of the bid, or groups who have
accepted the concept that most public agencies, despite whatever
desire it may have to operate efficiently and economically for the
benefit of its taxpayers, has been obligated by the State Legis-
lature to pay more for its local roads than the free market would
require.
The countervailing side to such argument is that, in the
absence of the prevailing wage requirement, the City may be able to
help stimulate some of the small business contractors locally
situated, build more roads and actually employ more workers in the
long run than if it were obligated to pay prevailing wages.
But regardless of the emotion and possibly policy choices a
charter city may make in this regard, for- the reasons stated
herein, this Project is a municipal affair that involves no aspect
of "statewide concern" relating to the payment of prevailing wage.
It is therefore my opinion that the City of Chula vista does not
have to require its successful contractor to pay prevailing wages
to the contractor's employees on this Project.
18. Only the Com. of Seven Thousan~ v. Superior ct. cited above
bears any relationship to street improvements and funding authority
conflicts. As discussed above, is inapposite in this case.
wages3.wp
April 1, 1992
Legal Memo re Prevailing Wages
Page 22
"'-;):l/-~
8", ;'5"
TIllS PAGE BlANK
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TO:
FROM:
co:
DATE:
RE:
LIST OF ATTACHED EXHIBITS
Honorable Mayor and Councilmembers
Bruce Boogaard, City Attorney
John Goss, city Manager
John Lippitt, Public Works Director
John Rea, Chief Counsel, Department of Industrial
Relations
Jeff Blease, RuddiCk, Platt, victor & Zuccaro, Attorney
for Ericca, Inc.
April 1, 1992
Application of the Municipal Affairs Doctrine to the
requirement to pay prevailing wages on the 5th Avenue
road improvement project.
The following is a list and description of attached exhibits
to the City's Memorandum regarding payment of the prevailing wage
dated April 1, 1992:
Exhibit A:
Exhibit B:
Exhibit c:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
A copy of the contract documents and plans for the
Fifth Ayenue Project.
A copy of an aerial photograph of the Fifth Avenue
Project.
A copy of photographs depicting the Fifth Avenue
Project.
A copy of a map showing the entire span of Fifth
Avenue, including the Project site.
the street Design standards Policy
the capacity for streets within the
A copy of
classifying
city.
A copy of the Traffic Flow data for the city
showing the number of Average Daily Trips
experienced at the Fifth Avenue Project Site.
A copy the Fifth Avenue Project budget.
A copy of San Dieg6 Transportation Improvement
program Ordinance and Expenditure Plan 87-1.
A copy of the City's Resolution No. 12493
restricting the payment of the prevailing wage.
~21
~
Exhibit J:
Exhibit K:
A copy of the City's Resolution No. 7532 adopting
the prevailing wage pursuant to Labor Code section
1773.
A copy of the City Attorney of San Diego's
Memorandum of Law dated January 18, 1990.
~,30
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CllY OF
CHUlA VISfA
CONTRACT DOCUMENTS FOR:
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FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE IN THE CITY OF CHULA VISTA, CA
THIS IS HQI A FEDERALLY ASSISTED CONSTRUCTION PROJECT
THIS IS A FEDERALLY ASSISTED CONSTRUCTION PROJECT UNDER
THE COMMUNITY BLOCK GRANT H.U.D. PROGRAM
THIS IS A FEDERALLY ASSISTED CONSTRUCTION PROJECT UNDER
THE REVENUE SHARING PROGRAM
EX~iBIT
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PART 2
f
SPECIAL PROVISIONS
2-01 WORK TO BE DONE
The work to be done consists of construction of street improvements in Fifth Avenue
between Naples Street and Orange Avenue in the City of Chula Vista, California, The.
project involves removal and disposal of existing improvements, excavation and grading,
asphalt concrete paving, processed miscellaneous base, installing curb and gutter,
sidewalk, cross gutter, protection and restoration of existing improvements, driveways,
pedestrian ramps, sewer laterals, survey monuments, various drainage structures,
drainage pipe, street lighting, masonry walls, relocation of traffic signal, stairs, chainlink
fencing, pedestal mailboxes, water service connections, traffic control, and other
miscellaneous work shown on the plans.
Various utility companies will be relocating their facilities during this Contract, Refer to
Section 6-7 of Part 1 and Section 2-32 of these Special Provisions
The work to be done is shown on Chula Vista Drawing Numbers 91-609 through 91-623
and cross sections,
2-02 STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
The Standard Specifications for Public Works Construction (1988) commonly referred to
as the "Green Book", San Diego Regional Supplement Amendments, 1989 & 1990
supplements, Chula Vista Standard Special Provisions, Regional Standard Drawings, and
Chula Vista Construction Standards, all as adopted by the City of Chula Vista are made
a part of the Specifications, All provisions applicable to the work to be performed in
accordance with these drawings and Special Provisions of this project shall apply whether
specifically referred to herein or not. References to these Standard Specifications have
been made in the Special Provisions, These references apply directly to the work the
Contractor is to perform,
2-03 REMOVAL AND DISPOSAL OF EXISTING IMPROVEMENTS
All existing improvements required to be removed by construction of the new work shall
become the property of the contractor and shall be removed and disposed of in
accordance with the provisions of Section 300-1 of the Standard Specifications and as
shown on the plans, Compensation for removal and disposal of excess material,
pavement, concrete, slabwork, walls, fences, trees, roots (18 inches below finish grade)
etc, is considered included in the contract price 'paid for "Removal and Disposal of
Existing Improvements",
12
81'32
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2-04 EXCAVATION AND GRADING
All excavation and grading necessary to obtain the finished grades as shown on the plans
and cross-sections and for installation of the various improvements shall be done in
accordance with Section 300 and 301 of the Standard Specifications, Regional
Supplement Amendments, applicable standard drawings, and project plans, It is
estimated that there is approximately 7,100 cubic yards of cut and 1,650 cubic yards of
fill, The City makes no guarantee as to the accuracy of these numbers. Contractor is
responsible to verify, Excess material shall become the property of the contractor and
shall be removed from the site. The cost of this work is considered included in the
contract price paid for "Excavation and Grading".
2-05 SAW CUTTING
Saw cutting of existing concrete prior to removal will be required at most locations and
shall be in accordance with section 300-1 of the standard Specifications, The amount of
total saw cutting could vary from that shown on the proposal, There will be no
adjustment in the unit cost bid for this item as permitted in Section 3-2 of the Standard
Specifications,
Full compensation for all labor and equipment required shall be considered included in
the contract unit price paid per lineal foot for "Saw Cutting" and no additional
compensation will be allowed therefor,
2-06 PAVEMENT REMOVAL, SUBGRADE PREPARATION AND PLACEMENT OF
ASPHALT CONCRETE IN OVERLAY AREAS
. .
As shown on the plans, there are portions of the existing street that requires only an
asphalt concrete overlay, Within these areas, the Engineer may indicate that certain areas
need to be removed. The exact extent of this is unknown, This section is intended to
describe how the work is to be performed and a means of paying for it.
Portions of the street pavement within the overlay areas are to be removed as directed
by the Engineer, The precise areas of removal will be marked out by the City prior to the
Contractor starting work. The existing pavement sections varies in thickness throughout
the project. If an existing pavement thickness is greater than four (4) inches when
removed it shall be replaced in like thickness. All areas removed shall be prepared to
receive a minimum of 4 inches (measure from existing surface) of asphalt concrete on
existing base and sub-base material. The areas of removal will vary in widths and
lengths. The areas may only be 2' wide and 2' long,
All asphalt concrete shall be in accordance with section 2-08 of these Special Provisions,
13
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OF CHULA VISTA ENGINEERING DEPARTMENT
-IMPROVEMENTS ON ,FIFTH AVENUE
:N NAPLES "STREET AND ORANGE AVENUE
O'rawing
No.
91-622
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INDEX TO SHEt
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162-1737 162-1743
.
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158-1737 158-1743
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, 154':'1745
154-ln7
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ScoIe of Photo:! -2
D~teof PhOto: May 2,19
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CRULA. VISTA
B STREET
TROLLEY
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EXHIBIT
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THE CITY OF' CHULA VISTA
CALIFORNIA
STREET DESIGN
STANDARDS POLICY
EXHIBIT
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6. CLASS II COLLECTOR STREETS
12,000
30 mph
52'
72 '
10% residential zone
300' with 4'1', superelevation to 450' with no
superelevation
Class II collector streets with two-way center turn lanes serve primarily
to circulate localized traffic and to distribute traffic to and from
arterials, major streets and Class I collectors. Class II collectors are
desi gned to accol!1lllodate two 1 anes of tra ffi c, however, they carry lower
traffic volumes at slower speeds than Class I collector streets. This
type of facility provides access to properties and circulation to
residential neighborhoods.' Minimum distance between centerline of
intersections shall be 250 feet. Deviation from this minimum distance
requirement may be approved by the City Engineer only if it can be
demonstra ted that 1 eft turn demands do not create an adverse traffic
condition.
Design ADT
Minimum design speed
Curb-to-curb
Ri ght-of-way
Maximum grade
Minimum curve radius
Access to and from this Class II collector street from abutting properties
shall be permitted at locations approved by the City Engineer. Parking on
this facility shall typically be allowed. However, parking at critical
locations may be denied as deemed appropriate by the City Engineer. If a
bi ke 1 ane is to be provi ded in conformance with the Bi cycl e El ement on
this Class II faCility and parking is. to be retained, an additional 10
feet of right-of-way will be required to allow for a 10-foot widening of
the roadway cross section.
With approval of City Engineer, in developed areas, no widening is
required except at approaches to intersections as per Exhibit "A".
Approaches shall be designed as per Exhibit "G." Further modifications
may be allowed to this standard as a result of the existing and projected
traffic volumes.
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LANOSCAPED 72' LANDSCAPED
BUFFER AREA BUFFER AREA
EASEMENT 5,5' 10' 26' 26' 10' 5.51 EASEMENT
5.51 5.5' 4,5'
4,5'
"5:1 MAX 2% 2% 2%
- -
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/ PARKING PARKING
/ 2:1 MAX 8' 13' 10' 13' 8'
CLASS II COLLECTOR
*
1 t than 5: 1 may be acceptabl e as dcterr.1i ncd by the
Landscaped s opes grea er
Director of Planning.
10/12/89
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.. 7. CLASS III COLLECTOR STREETS
Design ADT
7,500 No driveway access to single-family
homes. 5,000 with driveway access to single
family homes
30 mph
40'
60'
12%
300' with 4% superelevation to 450' with no
superelevation. Superelevation is only
all owed \~here there are no resi denti al
driveways taking access and h approved by
the City Engineer.
Class III collector streets also circulate localized traffic as well as
distribute traffic to and from arterial s and other collectors to access
residential areas. Class III collector streets accommodate low volume
levels and the use of this facility as a carrier of through traffic should
be di scouraged by its desi gn. No dri veways to si ngle-family resi denti al
homes are pennitted except in areas where the traffic volume does not
exceed 5,000 vehicles per day. However, access to common driveways
serving planned residential developments are allowed. Minimum distance
between centerl i ne of i ntersecti ons shall be 250 feet. Devi ati on from
thi s mi nimum di stance requi rement may be approved by the City Engi neer
only if it can be demonstrated that left turn demands do not create an
adverse traffic condition.
Minimum design speed
Curb-to-curb
Ri ght-of-way
r,Iaximum grade
Minimum curve radius
Parking on this facility shall typically be allowed. However, parking at
critical locations may be denied as deemed appropriate by the City
Engineer. If a bike lane is to be provided on this Class III facility and
parking is to be retained, an additional 10 feet of right-of-\~ay will be
required to allow for a 10-foot widening of the roadway cross section.
It
LANOSCAPED
BUFFER AREA
EASEMENT
6~'
It
5.5'
55'
20'
20'
55'
LANDSCAPED
~BUFFER AREA
55 EASEMENT
/
~~C:I MAX)
~5:1 MA~"
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4,5' 4.51
% 2% 20/0 ~ ~
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CLASS "' COLLECTOR
*
landscaped slopes greater than 5:1 may be acceptable as determined by the
Director of Plannina.
10/12/89
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1991
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TRAFFIC
CITY OF CHULA
FLOW
VISTA
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Countl uken through Oecember 18. ~1.
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NEW OLD
COUNT COUNT
~TATION STATION STREET mI ~ 1m illQ 1m. 1992
FIFTH AVENUE (cont'd)
36 * Hoss-Naples Sts. 5800 2640 N.C. 4930 N.C.
37 * Naples-Oxford Sts. 5220 N.C. 4380 N.C. 4840
38 * Oxford-Palomar Sts. 4550 3550 N.C. 3740 N.C.
39 * Palomar St.-Orange Ave. 1660 N.C. 1590 N.C. 1550
ALBANY AVENUE
91 * Orange Ave.-Hain St. 1770 1710 1760 N.C. 1750
.',
ANITA STREET
354 * "I-5"-Industrial Blvd. 1400 1890 2220 N.C. 1510
355 * Industrial Blvd.-Broadway 4190 N.C. 5650 N.C. 4760
356 * Broadway-Hermosa Ave. 3990 N.C. N.C. N.C. 4720
357 * Hermosa-Third Aves. 2380 N.C. 2720 N.C. 2940
BAY 80ULEVARD
160 BB E-F Sts. 5560 6400 9750 N.C. 6380
01 DO F-G Sts. 3900 N.C. 4470 N.C. 4300
161 * G-H Sts. 3440 N.C. 3730 N.C. 3940
02 * H-I Sts. 2740 3460 N.C. N.C. 3340
162 * I-J Sts. 3270 3930 3720 N.C. 4290
J3 GG J-K Sts. 3680 N.C. 3780 N.C. 3150
163 * K-L Sts. 2890 N.C. 4470 N.C. 3370
04 HH L-Palomar Sts. 3900 4840 N.C. N.C. 2860
05 * Palomar-Anita Sts. 940 N.C. 1440 N.C. 2160
BEYER WAY (See Third Avenue)
BONITA ROAD
\J.e..
216 E8 First Ave.-E St. 5450 N~C. 4510 N.C. Mot!e
217 E7 E St.-"I-805" 29720 N.C. 30100, 38620 34400
218 IB "I-805"-Plaza Bonita Rd. 43020 N.C. 44550 N.C. 43560
398 * Plaza Bonita Rd.-Randy Lane 29260 N.C. 35310 N.C. 32420
219 * Randy In.-Willow St. 27160 N.C. 29160 N.C. 31080
220 KK Willow St.-Allen School Rd. 27280 N.C. N.C. N.C. 31900
221 E9 Allen School Rd.-Otay lakes 24370 27420 28310 N.C. 26670
222 3B Otay lakes Rd.-City limits 21500 26670 N.C. N.C. 24110
BRANDYWINE AVENUE
159 * East Orange Ave.-Sequoia St. 1900 N.C. 2690 N.C. 3290
137 104 Sequoia St.-Otay Valley Rd. 2160 N.C. 2380 N.C. 2945
WPC 3403E
-3- .,~
8-' ~ Lff" '~T'?-'
Revised 12/17/91
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SAN DIEGO TRANSPORTATION IMPROVEMENT PROGRAM
ORDINANCE AND EXPENDITURE PLAN
\'
\
,
The San Diego County Regional Transportation Commission ordains as follows:
SECTION 1. TIn.E. This ordinance ahall be known ud may be cited as the San Diego
Transportation Improvement Program Ordinance ud Expenditure Plan. (Commission
Ordinance 87-1). The Expenditure Plan is set forth in Sections Z and 4 herein.
SECTION Z. EXPENDITURE PLAN SUMMARY. This ordinance provides for the imple-
mentation of the San Diego Transportation Improvement Program which will result in
countywide transportation facility ud service improvements including highway
improvements, trolley extensions and public transit improvements, bicycle facility
improvements, and local street and road improvements. These needed improvements
shall be funded by a one-half of one percent transactions and use tax established for a
period not to exceed twenty years. The revenues ahall be deposited in a special fund and
used solely for transportation improvements. The specific projects and programs to be
funded shall be further identified in the Expenditure Plan Analysis which is set forth in
Section II of the document titled Proposition A: San Diego Transportation Improvement
Program and is hereby incorporated by reference as if fully set forth herein. A summary
of the major projects and programs, including the major highway and transit improve-
ments depicted on Figure I, is provided as follows:
A. Highway Improvements. One-third of the available revenues (estimated S750
million> wlll be combined with federal, state and local revenues (estimated S85
mlllion) to complete the following projects (see Figure 1l:
1. Route 5Z: Construct an initial 4-lane freeway from Santo Road in Tierrasanta
to Route 67 in Santee - SZ40 mlllion.
.
Z. Route 78: Widen freeway to 6 lanes from 1-5 in Oceanside to I-IS in Escondido
- S40 mlllion.
3. Route 78 Corridor Reserve: Reserve fund for highway-related interchange and
arterial improvements and additional Route 78 widening - S40 million.
"
4.
Route 76: Widen to 4 lanes from Frontier Drive in Oceanside to I-IS - S100
mlllion.
.
,1
5. Route 54: Widen South Bay Freeway to 8 'lanes including Route lZ5 inter-
change and connector to San Miguel Road - S90 million.
6.
Route 56: Upgrade an initial elty arterial to a 4- and 6-1ane freeway between
1-5 and I-IS, with no Proposition A expenditures in a designated 'future urban-
izing' area - S65 mlllion.
Route 56: Widen the Poway Road grade to 4 lanes from Espola Road to Route
67 In Poway (cost-sharlng projectl- SlO mlllion.
4
i
f
7.
8.
Route US: Construct an 8-lane freeway between
Lemon Grove/Spring Valley area - S90 l~\~BIT
H
Routes 54 and 94 in the
Z4
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~"'50
,~._.,~-".--- '.-:
,~
-
FIGURE 1
Proposition A
Major
Highway and Transit
Improvements
Funded by
Proposition A
Local .treet and road,
local bu. and bIcycle
Improvement. not .hown
Sollnl Bnch
Del Mlr
Hlg"..Y.
...... Troll.y
~"'.,,810""
La M...
......... Commut., "all
i.emon
Grove
CCDCCODOC Commut.r
~lI.pr... .u.
......... ",~I"
Improve",."" on
~1I.1.tI"g/U"d.'
Con,tructlon
Troll.y
~1I.1.tI"g/U"d.'
Con.t,u<:tlon
Hlg"..Y.
NeUone\ City
Chull VI'1Il
~
NORTH
Impertl.
Beech
zs
J~~1
2.f.Ff--
\....
9.
Route 1Z5: COllStruct a 6-Jane freeway from Fletcher Parkway in La Mesa t,
Route 52 in Santee - $135 million.
10.
\
Project Reserye Fund: Route location, right-of-way protection, enyuonmental '
fWld - $25 million. ,
B. Transit Improyements. One-thud of the available revenues (estimated $750 million)
will be combined with federal, .tate, local and private fWlding (estimated $190
million) for implementation of the follOwing projects (see Figure I):
1. ExtellSlollS of the San Diego Trolley:
L From DOwntOwn San Diego to Old TOwn _ $55 mWioD.
b. From Old Town through Mission Valley to the Stadium _ $150 mlllioD.
c. From Old TOwn north to the North University City area _ $130 mllJioD.
d. From the Stadium east via San Diego State University to La Mesa _ $150
mlllloD.
e. From North Uniyerslty City to North City West _ $100 mWioD.
f. From El Cajon to Santee _ $35 mUllon.
2.
Commuter Rail SerYlces:
a. Between Oceanside and Downtown San Diego _ $70 mlllioD.
b. Between Oceanside and Escondido _ $60 milUon.
J
3.
Transit Service Improyements: Total $150 million
a. Reduced-price transit passes for seniors, the disabled, and students.
b. New and expanded trOlley, commuter express bus, local bus, and dlal-a-
ride services.
4. Project Reserve Fund: Total $40 mUlion - Right-of-way protection, project
studies, enYuonmental work, Including up to $1 million for a detailed analysis
of trolley extensions in the South Bay.
C. Bicycle FacUity Improvements. A total of $1 mlllion per year will be allocated for
the provision of Improved bicycle routes throughout the regloD.
D. Local Street and Road ImproYements. One-third of the' available revenues (esti-
mated $750 million) will be allocated on a fair and equitable formula basis (Section
41c)) to each city and the County of San Diego (hereinafter referred to as local
agencies) to supplement existing local revenues. These revenues wllJ be used to
repair and rehabilitate existing roadways, to reduce congestion and improve safety,
and to provide for the COllStruction of needed faCilities. Each local agency wlll
prepare a listing of the projects proposed for funding through the measure with
public participation required.
SEcnON 3. IMPOSInON OF TRANSACnONSAND USE TAX. In addition to any other
taxes authorized by law, there Is hereby imposed In the incorporated and unincorporated
territory of the COWlty of San Diego, in accordance with the proyislons of Part 1.6
(commencing with Section 7251) of DiYislon 2 of the Revenue and Taxation Code and
Division 12.5 of the Public Utilities Code commencing with Code Section 132000, a
26
F-st
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-
/
transactions and use tax at the rate of one-half of one percent U/2%) for a period not to
exceed twenty years in addition to any existing or future authorized state or local trans-
actions and use tax. If, during this time period, additional state or federal funds become
available which would fund the projects and services contained in the Regional Transpor-
tation Plan, then the tax shall be reduced by action of the Commission.
SECTION 4. EXPENDITURE PLAN PURPOSES. The revenues received by the Commis-
sion from this measure, after deduction of required Board of Equalization costs for
performing the functions specified in Section 132.304(b) of the Public Utilities Code, shall
be used to improve transportation facilities and services countywide as set forth in the
Expenditure Plan and in a manner consistent with the Regional Transportation Plan and
fin"'Jear Regional Transportation Improvement Progr&lll, and for the administration of
the San Diego County Regional Transportation Commission Act (hereinafter referred to
as the "Act") commencing with Public Utilities Code Section 132.000. After the deduc-
tion of administrative expenses and the allocation of one mUlion dollars annually for
bicycle facilities, the revenues sball with the exception of the conditions set forth herein
be allocated as follows:
A. One-tbird for transit purposes;
One-third for local street and road purposes; and
One-third for highway purposes.
B. "Tbe revenues made available for transit purposes sball be allocated and expended
pursuant to tbe follo....ing distribution formula and priorities:
1. One percent of the total funds made available annually for transit purposes
sball be used 'to support improved transportation services for seniors and
disabled persons. Tbese funds sball be allocated in a similar manner as funds
made available tbrougb Section 992.75 of the Public Utilities Code.
2.. Remaining transit revenues shall be allocated annually to the North San Diego
County Transit Development Board and the Metropolitan Transit Development
Board based on the population witbin each board area of jurisdiction using the
most recent Department of Finance population estimates. Tbese funds shall be
expended in the following manner: '
a. Not less tban eigbty percent shall be used to i!%lplement the rail capital
facilities identified in the Expenditure Plan. However, in no case, sball
the use of revenues under this section preclude the use of revenues
necessary to implement Section 4B(2.)(b).
b. From the remaining revenues, there sball be 'expended sucb sums as
necessary to guarantee in the North County and South County areas for
the duration of the measure U) a l:Ilonthly regional transit paSs for senior
(60 years or older) and disabled riders priced at not more than 2.5 percent
of tbe cost of the regular regional monthly transit pass, and (2.) a l:Ilonthly
regional youth transit pass for Itudents118 years or under) priced at not
more than 50 percent of tbe cost of the regular regional monthly transit
pass.
c. Remaining revenues may be allocated for transit service improvements.
Sucb improvements sball be limited to new services or extended 01'
expanded services. Services in existence prior to tbe effective date of
2.7
~. S'! ,2$':53 "~
.
.. .~. ...........
~':':"-..
.
this o!'dinance &hall be fUllded th!'ough othe!' fUllding soW'ces. Rev~
may be allocated to such existing senices only in an amoUllt equal to &l.
reductlollS in state and fede!'al annual fUllding levels fo!' operating sup,
po!'t below Fiscal Year 1986-87 levels.
C. The revenues available for local street and road purposes &hall be allocated an...
upended pursuant to the following distribution formula and priorities: \
1. Each local agency &hall receive an annual base sum of $50,000.
2.
The remaining revenues after the base sum distribution &hall be distributed to
the each local agency on the following basis:
a. Tw~thirds bued on total populatloll using the most recellt Departmellt
of Finance population estimates.
b. Olle-third based ollmaintailled street and road mileage.
3. For the purposes of Section 4C(1) &lid (2), &IIY new incOl'poratlollS or annexa-
tiollS whicb take place after July 1 of any fiscal year &hall be iIlCol'porated into
the formula beginning with the subsequellt fiscal year. The San Diego Asso-
ciation of Goverllments population estimates of such lIew illCol'poratiollS or
annexatiOlls shall be used Ulltil such time as Departmellt of Fillance populatloll
estimates are available.
4. Funds shall be expeZlded ill accordance with the following priorities:
a.
b.
to repair and rehabilitate exlstillg roadways;
to reduce congestion and improve safety;
to provide for the construction of lIeeded facllltle..
J
c.
D. The revenues available for highway purposes &hall be allocated in accordance with
the E;xpenditW'e Plan, subject to the following provisions:
1. No !'evenues as provided for in this section shall be allocated for any state
highway projects until the Commission has certified that the San Diego region
is receiving at a minimum its fair share of highway funds from the state. The
determination of fair share shall cOllSlder all relevant factors including the
degree to which the San Diego region is receiving its statutory cOUllty mini-
mum fUllding for all budgeted, expended, and programmed state and federal
highway funds. The policies and project approval actlollS of the California
Transportation Commission &lid CALTRANS will also be reviewed to wW'e
that the San Diego region is receivillg full consideration ill the allocation of
&IIY additional Ullcommitted state and federal highway funding. Part of the
certification shall Include a finding that the state has not reduced any state
highway fund allocations to the San Diego region as a result of the addition of
any local revenues as provided herein. The certification &hall be made alUlu-
ally in the Regional TrlUlSpo!'tation Improvement Program.
2. If, prior to the start of any fiscal year" the Commission does not make the
certification finding !'equired In Section 4(D)(I), then, except for previous
commitments of the Commission, the Commission may redistribute !'emainlng
revenues for local street and road'purposes as provided in Section 4(C)(2).
28
X/52 - .z~l5'?
'-
/
3.
U the Commission finances the construction of highway facilities by the issu-
ance of bonds or any similar financing device, the Commission shall first
allocate the funds necessary to meet all debt service requirements prior to
malting any redistribution of funds as provided in Section 4 (D)(Z).
4. Once any state highway facility or usable portion thereof is constructed to at
least minimum acceptable state ata:aduds, the atate shall be responsible for
the maintenance and operation thereof.
5. AU new highway projects funded with revenues as prot'ided in this measure,
which also ue identified as bikeway facilities in the Regional Transportation
Plan, shall be required to include provisioll.S for bicycle use.
6. No revenues provided from this measure shall be used for the acquisition of
rights-of-way for, or the construction of local streets and roads and/or high-
ways in the Route 56 corridor connecting the communities of North City West
and .Penasqultos East within the uea designated as .future urbanizing. as
ratified by the San Diego City Council on 1/27/87 (Resolution No. Z6756S)
provided that ,the uea remains ao designated.
7. All state highway improt'ements to be funded with ret'enues as provided in this
measure, including project development and overall project management, shall
be a joint responsibility of CAL TRANS and the Commission. All major project
approval actions including the project concept, the project location, and any
subsequent change in project scope shall be jointly agreed upon by CALTRANS
and the Commission and, where appropriate, by the Federal Highway Adminis-
tration and/or the California Transportation Commission.
~ E. Except as provided for herein, the distribution of funds as set forth in Section 4(A)
shall be met over the duration of the measure.
SECTION S. EXPENDITURE PLAN PROCEDURES.
A. Each local agency shall annually develop a five-year list of projects to be funded
with revenues made avallable under Section 4(C). A local public heuing on the
proposed list of projects shall be held by each local agency prior to submitting the
project list to the Commission for approval pursuant to Section 6.
B. All projects to be funded with revenues made avallable under Section 4(A) must be
consistent with the Regional Transportation Plan. Project priorities or phasing shall
aho be consistent with the Regional Transportation PI&D.' The Expenditure Plan
shall be reviewed on a biennial basis to coincide with the biennial update of the
Regional Transportation Plan required by State law. The Expenditure Plan shall be
amended as necessary to maintain consistency with the Regional Transportation
Plan. As funds become available in excess of the amount allocated in the Expendi-
ture Plan, additional projects shall be added to the Expenditure Plan consistent with
the priorities in the Regional Transportation Plan (State Route lZS south of State
Route 54 is a prime example of a project .0 idelltffied ill the Regional Transporta-
tion Plan). Any amendments to the Expenditure Plan shall be made in accordance
with the procedures for amending this ordinance ~ provided for in Section 15.
C. In the allocation of all revenues made available under 4(A), the Commission shall
make nery effort to maximize state and federal transportation funding to the
Z9
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region.
Section
region.
The Commission may amend the Expenditure Plan, in accordance with
15, as needed to maximize the transportation funding to the San Diego
SECTION 6. PROJECT PROGRAMMING APPROVAL. The Commission shall annuall)
Bt'prove a five-year project list and a biennial program of projects to be funded during
the succeeding two fiscal years with all revenues made available WIder Section .e(A)
herein. The program of projects will be prepared as a part of the five-year Regional
Transportation Improvement Program. A public hearing will be held prior to approval of
the program of projects. The Commission may amend the program of projects as neces-
sary in accordance with the Regional Transportation Improvement Program amendment
procedures. No major projects shall be funded with the revenues made available under
Section.e(Al unless the projects are in the approved program of projects.
SECTION 7. COOPERAnvE FUND AGREEMENTS. To maximize the effective use of
funds, revenues may be transferred or exchanged WIder the following circumstances:
A. Agencies receiving funds may, by annual or multi-year agreement, exchange funds
provided that the percentage of funds allocated for each purpose as provided in
Section .e(A) is maintained over the duration of the measure and that no more than
25% of the revenues allocated for each purpose during any five-year period is trans-
ferred from one purpose to another. Agreements to exchange funds, including fund
repayment provisions, must be approved by the Commission and shall be consistent
with any and all rules approved by the Commission relating thereto.
,
B. The Commission may exchange revenues for state or federal funds allocated or
granted to any public agency within or outside the area of jurisdiction of the
Commission to maximize effectiveness in the use of revenues. Such federal or state
funds shall be distributed in the same manner as the revenues from the measure.
SECTION 8. MAINTENANCE OF EFFORT. It is the Intent of the Legislature and the
Commission that revenues provided from this measure be used to supplement existing
local revenues being used for the purposes set forth in Section .e herein. Each local
agency receiving revenues pursuant to Section 4(C) shall annually maintain as a minimum
the same level of local discretionary funds expended for street and road purposes as was
reported in the State ContrOller's Annual Report of Financial Transactions for Streets
and Roads - Fiscal Year 1984-85. If any local agency had extraordinary local discretlon- ,
ary fund expenditures during FY1984-85, it may use, as a base for determining the mini-
mum level of local discretionary fWlds, the averAge amount of such funds reported to the
State Controller for the three-year period FY1982-83 through FY1984-85. The use of a
three-year average for the base period shall be subject to Commission approval. The
Commission shall not allocate any revenues pursuant to Section .e(Cl to any eligible local
agency in any fiscal year until that local agency has certified to the Commission that it
will include in its budget for that fiscal year an amoWlt of local discretionary funding for
streets and roads purposes at least equal to the minimum maintenance of effort require-
ment. An annual independent audit shall be conducted to \'erify that the Maintenance of
Effort requirements were met. Any local agency which does not meet its Maintenance of
Effort requirement in any given year shall have 1ts funding under Section4(C) reduced in '
the following year by the amount by which the agency did not meet its required Mainte-
nance of Effort level. Any local street and ,road revenues not allocated pursuant to the
Maintenance of Effort requirement shall be redistributed to the remaining eligible
agencies according to the formula described in Section 4(C)(2). The Maintenance of
Effort requirement also shall apply to any local agency discretionary funds being used for
the purposes specified under Section 4(B) and (D).
30
9-SL/
,-2 If.- a-
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I
SECTION 11. ADMINISTRATIVE EXPENSES. Revenues may be expended by the Com-
mission for salaries, wages, benefits, overhead, auditing and those services including
contractual services necessary to administer the Act; however, in no case shall such
expenditures exceed one percent of the aDDual revenues provided by the measure. Costs
of performing or contracting for project related work shall be paid from the revenues
allocated to the appropriate purpose as set forth in Section 4 herei... An aDDual inde-
pendent audit shall be conducted to assure that the revenues expended by the Commis-
sion under this section are necessary and reasonable in carrying out ita responsibl1lties
under the Act.
SlCCTION 9. PRIVATE SECTOR FUNDING: Revenues provided from this measure shall
be used to replace private developer funding which has been or will be committed for
any project.
SECTION 10. BONDING AUTHORITY. Upon voter approval of the measure, the Com-
mission shall have the authority to issue bonds payable from the proceeds of the tu to
accelerate the construction of needed transportation facility improvements. The
Commission, in allocating the annual revenues from the measure, shall meet all debt
service requirements prior to allocating funds for other projects.
SECTION U. ESTABLISHMENT OF SEPARATE ACCOUNTS. Each agency receiving
funds pursuant to Section 4 shall deposit said funds in a separate Transportation
Improvement Account. Interest earned on funds allocated pursuant to this Ordinance
shall be expended only for those purposes for which the funds were allocated.
SECTION 13. IMPLEMENTING ORDINANCES. Upon approval of this measure by the
'era the Commission shall, in addition to the local rules required to be provided pur-
..ant to this ordinance, adopt implementing ordinances and rules and take such other
actions as may be necessary and appropriate to carry out its responsibilities.
SECTION 14. EFFECTIVE AND OPERATIVE DATES. This ordinance shall become
effective on November 3. 1987 only if a majority of the electors voting on the measure
at the election held on November 3,1987 vote to approve the ordinance. If so approved,
the provisions of this ordinance shall become operative on April 1, 1988, and the pro-
grams to be implemented with revenues provided through the measure wlll begin on July
I, 1988.
. SECTION 15. AMENDMENTS. With the exception of Sections 3, 4(A), 4(D)(6), and 4(E)
which require a Ul ajority vote of the electors of the County of San Diego to amend, this
ordinance Ulay be amended to further its purposes by ordinance, passed by roll call vote
entered in the minutes, with two-thirds of the ComUlission concurring. :
I
SEcnON 16. DESIGNATION OF FACn.rTIES. Each project or program in excess of
$Z50,000 funded in whole or in part by revenues from the measure shall be clearly desig-
nated during its construction or iUlpleUlentation as being provided by revenues from the
measure.
1
SECTION 17. SEVERAlln.ITY. If any section, part, clause or phrase of this ordinance is
for any reason held invalld or unconstitutional, the reUlaining portions shall not be
affected but shall reUlain in full force and effect.
'?
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8-~ ~ J!'.5?",
SECTION 18. ANNUAL APPROPRIATIONS UMIT. Article XIn(B) of the ,California
Constitution requires tbe establisbment of an annual appropriations limit for certain gov- cJ
ernmental entities. The maximum annual appropriations limit for the Commission bas \
been evistdabdlisbbedl as $A36110 milliod~ The afPpropriationsllimit shall be subject to adjustment ~ .
as pro e yaw. expen Itures 0 the transact ons and use tax revenues imposed in '
Section 3 are subject to the appropriations limit of the Commission. ,
SECTION 19. DEFlNITIONS.
A. Commission. Means the San Diego County Regional Transportation Commission
created by Cbapter 1576 of the Statutes of 1985 (Division lZ.5 of the Public Utilities
Code, commenc:illg witb Section 13Z000).
B. North County. Means the area within the jurisdiction of the North San Diego County
Transit Development Board.
C. South County. Means tbe area within the jurisdiction of the San Diego Metropolitan
Transit Development Board.
D. Transit. Means all purposes necessary and convenient to the construction, operation
and maintenance of transit services and facilities includillg the acquisition of
veblcles and rigbt-of-way. Transit services include, but are not limited to, bus, ligbt
rail (trolley) and commuter rail services and faclllties. .
E. Local Streets and Roads. Means all purposes necessary and convenient to the main-
tenance, operation and construction of local streets and roads. Local street and
road purposes sball inc:lude all purposes allowable under Article XIX, Section 1(e) of
the State Constitution.
,;
F. Highways. Means all purposes necessary and convenient to the design, right-of-way
acquisition, and construction of highway facilities, including all state higbway routes
and any otber facilities so designated in the Expenditure Plan.
i
11
G. Bicycle Facilities. Means all purposes necessary and convenient to the design, rigbt-
of-way acquisition, and construction of facilities intended for use by bicycles.
Bicyc:le facilities sball also mean facilities and programs whicb belp to encourage
the use of bicyc:les sucb as secure bicycle parkillg faclUtles, bicyc:le promotion
programs and blcyc:le safety education programs.
H. Bonds. Means indebtedness and securities of any kind or class, Including but not
limited to bonds, notes, revenue antic:lpation notes, commercial paper, and certifi-
cates of participation.
L Expenditure Plan. Means tbe expeDditure plan required by Section 13Z30Z of the
Public Utilities Code to be Inc:1uded In the transactions and use tu ordinance to be
approved by the CommissioD. The expenditure plan includes the allocation of
revenues for eacb authorized purpose.
J. Regional Transportation Improvement Program. Means the five-year programmillg
document required by Section 65080 of the Government Code to be prepared annu-
ally by the San Diego Association of Go,!,ernments as the designated Regional Trans-
portation Plannillg Agency. '
3Z
~'~9,
~ 2~.5gv
-
'-
-
~SENT: Bagley,
MoCorty. ;8:
Cbwma.n
I
PASSED AND ADOPTED by the Sa.n Diego County Regional TraDSportation
Co~mbslon, the 311t day of July, 1987 by the followiZli ~ote:
Commissioners Mamaux, Cox, Ewen. Barnett, Stockwell. Luke,
AYES: Cowan. Mahoney, Madrid. Kunkel, Van Deventer, Kruse,
Bailey, Doyle. Schlesinger, McClellan.
NOES: None.
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
1, Kenneth E. Sulzer, the Secretary of the Sa.n Diego County Regional TrlJl8-
portatlon COl%ll%llsslon, do hereby certify that the foregolZli is a true copy of an
Ordinance adopted by the San Diego County Regional Transportation Commission on July
31,1987 at the time and by the ~ote atated above, which aaid Ordinance is on file lD the
office of the Sa.n Diego County Regional Transportation Commission.
DATED: July 31,1987
33
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.24' 5/",
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RESOLUTION NO. 12493
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA . VISTA RESCINDING RESOLUTION NO. 7532
RELATING TO THE PAYMENT OF PREVAILING WAGES
FOR CONTRACTS LET BY THE GITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Labor Code Section l770, et seq., requires any
public entity to pay prevailing wages on public works projects,
and
WHEREAS, on November 26, 1974, the City Council of the
City of Chula Vista adopted Resolution No. 7532 which established
the prevailing wage rates as those listed in the booklet entitled
'Equipment Rental Rates and General Prevailing Wage Rates',
published by the State of California, and
WHEREAS, the California Court of Appeal has held that
prevailing wage requirements of the Labor Code do not pertain to
public works of a chartered city, when the City is contracting
for projects which are limited to 'municipal affairs', and
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WHEREAS, the rescission
allow the City to contract for
reduced rate, and
of Resolution No. 7532 will
services at a substantially
fi- '
hn P. Lippi t, Director of
ublic Works/City Engineer
-
,e,(; Jt
Gill, Assistant City
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WHEREAS, the rescission of Resolution No. 7532 will
allow smaller companies to bid on City projects due to the lower
wage scales used by said companies. '
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby rescinds Resolution No. 7532.
BE IT FURTHER RESOLVED that projects which are required
to have the prevailing wage schedule due to their funding by
State or Federal programs, the booklet entitled 'Equipment Rental
Rates and General Prevailing Wage Rates', pUblished by the State
of California shall be used for said projects.
Presented by
Approved as to form by
l527a
EXHmn
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-
,wOPTEb A.Nb A.PPROVEb By THE CITY COUNCIL OF THE CITY OF CHULA.
VISTA. CALIFORNIA. this 20th d...y oJ
.s the Jollo.,ing ....ote. to-.,it:
May
19~.
AyES: Council..ember McCandl f55, Cox, Malcolm, Moore, Campbell
,""yES: Counc i J.,ember 'None
ASSTAIN: Counc i laember None
ASSENT : Council..ember None
. M..yor
.mST IJt{,dl.- ri ~lfYI~{~[1r
eputy Clty' Clerk
ST~ OF CA.LIFORNIA.
Cl.. Y OF SA.N bIEGO
CITy Of CHULA. VISTA.
)
) 55.
)
R~
ty oJ Chu .. V&stA
I, ,wEU A. SARMIENTO, bEPUT!1 CZTY CLERK oJ the City oJ Chulo Vi.h,
,
: C41 ifo..ni... bo HERESy CERTIFY tho.t the obo....e
I
I trwe and c:o....ect copy oJ RESOLUTION NO.
,l.. not been o..ended or repeoled..
t14nb
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~~~~
ond Jo..egoing i. A Jull,
12493
, ond thot the .ome
___ 0lY OF
l. - JlA VlsrA
llCC-660
Deputy City Clerk
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RESOLUTION NO. 7532
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY CLERK AND THE CITY ENGINEER
TO MAINTAIN A LIST OF PREVAILING WAGE SCALES IN ACCOR-
DANCE WITH SECTION 1773 OF THE LABOR CODE OF THE STATE
OF CALIFORNIA
r
The City Council of the City of Chu1a vista does hereby
resolve as follows:
.
WHEREAS, section 1773 of the Labor Code of the State of
california directs that the local agency awarding any contract for
public works ascertain the general prevailing rate of per diem wages
in the locality in which the work is to be performed, and
WHEREAS, said prevailing wage scales for building and con-
struction trades are contained in the attached copy of that certain
I booklet known as "Equipment Rental Rates and General prevailing Wage
~tes", attached hereto and incorporated herein by reference, as if
set forth in full.
NON, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the City Clerk and
the City Engineer to maintain in their respective offices a copy
of said booklet entitled "Equipment Rental Rates and General Pre-
vailing Wage Rates, which booklet shall provide the basis for all
public works construction contracts let by the City of Chu1a Vista.
Approved as to form by
ff~~--t/~
George D. L~ndberg, c~ty Attorney
Presented by
Lan
Public
AYES:
Councilmen
Hobel. Hamilton. Hyde, EQdahl.
Scot.t
1
,
I ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 26th
I the following vote, to-w~t:
I
,
.
by the CITY COUNCIL of the CITY OF CHULA
day of November , 197.!.., by
IIAYES:
Councilmen
None
ABSENT:
Councilmen
None
~~.~9z-.
Mayor of the C~ty of Chula Vista
ATTES;.-Y Jl/l'(' ~/ i,;t; ;;., A ;1/
~ City C erk tf
STATE OF CALIFORllIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, ,
Chu1a Vista, Cal~forn~a, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
City Clerk of the City of
that the above is a full,
, and that the same has
,
.
c~ty Clerk
,
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EXHIBIT
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.
125
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THE CITY ATTORNEY
Cl1~ OF SAN PIECO
JOHN W. W1TT
em AWOL"EY
cm Al)1oI!SI!TP.ATlO" ";11,1>1",
202C'm.ur
).IIN Dl!CO. CAl.lfO""V. S2101 ]$~3
nu'HOl;l .19) 23~ ,6220
'M .,.Ia, 23~,121~
M!MOVJmIJl( OF LAW
DAft I "anuary 18, 1990
!OI Ralph Shackelford, Purchasing Agent
I'!tOM: City Attorney
~: Proposi t.ion A - Prevailing Wages Requirement
/
:1
INQt.lIU
You recently requested an cpi~ion a. to whether prevailing
waqes are required to be paid on Cit.y projects utilizin9
PropositiOn A funds. In order to properly answer your question,
we must consider the background of the subject.
II
BACXGROOND OF MUNICIPAL AFFAIRS DOCtRINE
The California Constitution, in its .h~e rule. provisions
allows cities to requlat.e municipal affair.. Article XI, .ect.ion
S, provides in pertinent part:
It shall be compet.ent in any city charter to
provide that the city qoverned thereunder may
make and enforce all ordinance. and
regulat.ions in respect to municipal affair.,
subject only to restrictions and ltmitation'
provided 1n their .everal chart.ers and 1n
respect to other mat.ters they .hall be subject
to general laws. .
~h. City of San ~ieqo hai availed itself of this offer by
adoptin9 section 2 of the City Charter which .tate., 1n pertinent
part I
The City of 'San 01890, 1n addition to any of
the powers DeW held by or ~at may hereafter
be 9ranted to it under the Constitution or
Laws of this State, shall have the riqht and
power and ma~e and enforce all laws and
EX~'EmT
K
~-(,;
~,
..-1992 16:26' FROM CITY ATTORNEY CIVIL
....- - - - - - - . -. - - - - - - - - - - - - _.: - - - -. - - - - - - - - - - - - - ~ - -
TO
96915214
p.e3
12G I
~alph Shackelford
-2.
January 18, 1990
re9u1ations in respect ~o municipal affairs,
subject onlv to the r.strictions and
limitations. provided in this Charter.
Howev.r, the phrase -muniCipal affair- is not of certain
definition. JUltic. McFarland in In re Braun, 141 Cal. 204, 214
(19031 ref.rr.d to the words al -loose, indefinable, wild wordl,-
quoted in Weekes v. Cit~ of Oakland, 21 Cal. 3d 386,423 (1978).
The California Supreme ourt in & w.ll.known cas. in this area
suted: '
Becaule the various sections of article XI
fail to define municipal affairs, it becomes
necessary for the courts to decide, under ~he
facts of each case, whether.the subject matter
under discussion il of municipal or atatewide
concern. In other words, 'No exact definition
of the term municipal affairs can be
formulated, and the courts have mad. no
attempt to do so, but instead have indicated
that judicial interpretation is necessary to
give it meaning in each controverted ca....
B,i shop v. City of San Jose" 1 Cal. 3d 56, 62
(19691.
Though municipalities have control over municipal affairs
-there are innumerable authorities holding that general law
prevails over local enactment. of a chartered city, even in
regard to matterS which would o~erwise be deemed to be Itrictly
municipal affair., where the subject matter of the gen.ral law is
of Itatewi~e concern. - Professional Fire Fi hten v.' Cit of LOI
Anqeles, 60 Cal. 2d 276, 9 96. "Loca e; s at on 0 a
charter city prevails over ;aneral law only when ~he subj.ct
matter is 'exclusivel ,. 'solel " or 'strictl ~ a municipal -it
affair." ee es v. itv 0 0 and, 21 Cal. 386, 423 (1978).
, III
pnVAILING WAGES IN THE CITY OF SAN DIEGO
In order to ensure that public works projects vere
constructed and main~ain'~ by ad.quately compensat.d workers, the
State of California has consist.ntly required that pr.vailing
wagel be paid to all workers employed on publiC works. The
general law regarding prevailing wage I is contained in California
Labor Code section 1771, which statell
Except for public works projects of one
thousand dollars ($1,000) or less, not less
than the general prevailing rate of per 4iem '
wages for work of a similar character in the
--,~~q
g...~).
__,.-, FROM CITY ATTO<NEY CIVIl.
TO
-----.....--------------------------------
...-
. .96915214
P.04
127
Ralph Shackelford
-3-
January IS, 1990
locality in which the public work 1s
p.rformed, and not lell than the ven.ral
prevailing rate of per diem wagel for holiday
and overtime work fixed a8 provided in this
chapter, .hall be paid to all worker. employed
on public works. .
Thil lection ia applicable only to work
performed under contract, and is not
applicable to work carried out by a public
agency with its own forcea. This .ection is
applicable to contractl let for maintenance '
work.
Originally the City adopted wag. determinations utilizing
input coll,cted from the San Diego County Labor Council, the
Building Trades Council, the Associated General Contractors
Alsociation and the Building Contractors ASSOCiation.
Sub.equent~y, the State Director of Industrial Relation.
determined and publi.hed the prevailing wage in each local area
in the State, and that determination was required in all public
works .peeification. and eontractS.On June 22, 1977, the San
Diego City Council adopted Resolution No. 218685, whieh Specified
that prevailing wage schedules would be included in all City
contracts until such time that the resolution should be
.uperseded by a later resolution of the Council.
In 1980, a City Manager'. Report, No. 80-191, addrelled the
ilsue of prevailing wages. Since the State Director of
Indultrial Relationl had begun determining wage requirement. for
each local area, the r.port .tated -[u]nder the.. circumstance.,
it app.ars in the City's be.t intere.t to abandon our
'Prevailing' Wage Determination .. there i. no. way of determinini
the actual prevailing wage, only the publi8.hed union wage rate.
are available. Non-union contractors often pay .cale or above
when worker. achieve hiqh pr04uctivity. Others obvioully pay
1..... In addition, that report stated that the filcal impact
of takinq .uch action would be -(u)ndetermined saving. due to
'lower construction co.t. and le.. re.trictive specification..-
Con.equently, that re.olution wa. relcin~ed in April 1980, by
Resolution No. 251555, which declare4 that prevailing waq.. would
be paid only when required b federal or .tate rants and on K
other project. cons 0 e of state concarn.
The City successfully defended a challenqe by the California
State Department of Industrial Relations to that resolution in
Vial v. Cit~ of San DieQo, 122 Cal. App. 3d 346, 348 (1981),
hearinQ denied September 1981. The court .aid;
,8 -c'3 '.
~-.t~
.....,..~ ~ ,..,,.v t"\1""Tt""aI::lIo.Il::'V ,..,....
-....-.-----.-.--------.-.------------------------------_.---_..-~-_._---------------------
r~-11-1992 16:27 FROM CITY ATTORNEY CIVIL
TO
96915214
P.05
12~
~lph Shac~elford
.-4-
January 18, 1990
A chartered city's ordinances which de.l with
purely municipal affairs are valid even if
they conflict with general laws. On the other
hand, qeneral laws on subjects of statewide
concern supersede any conflicting ~nac~ents
OJ: cnutered cities . . .. (Citation emitted.)
The prevailing wage law, a general law, does
not apply to the public works projects of a
chartered city, as long as the projects in
question are within the realm of '~unicipa1
affairs.' The expenditure of a city's funds
on such projects and the rates of PAY of the
workers whom it hires to carry them out are
m~nicipa1 affairs. (Citation omitted.) Here
the rescinding resolution specifically
excludes state and federally funded projects
and those 'considered to be of state concern:'
application of the resolution is limited to
project. within the sphere of 'municipal
affairs' . . . the relolution is valid despite
its conflict with the general prevailinq waqe
law.
IV
PP.OPOSITION A
In 1985, Senate Bill 361 was passed which Lmpoled ..
state-mandated local prograM that required San Di&;o County to ~r.-l ~
conduct an election on the tranlactions and use tax. Public f- ~
Utility Code sections 13200 et seq. .ere added in 1985 creatinq
the San Diego County ~e9ional Transportation Commlslion and
defining its duties. Included were legislative findings (section
13200)1
The Legislature hereby finds and declare. all of the
following I
(a) Recoqnizing the scarcity of
resource. available for all transportation
development, alternative ~ethQds of financing
provided in thil chapter are ne.ded to finance
the cost of ~intaining, acquiring,
constructing, and developiDq facilities for
transportation sy,tus in the County of San
Diego and these methods will ~ncr.a.e economic
opportunities, contribute to economic
development, be 1n the ~ub11c interest and
~:il:h~ ~~~;~~,~:;XO::if:nr: ~io~~;ecl~!zen.
within the County of San Piego.
fJ,L!
-;2:1/ ,..~'~
.~. ~,
.:192 16:28 FROM CITY ATTORNEY CIVIL
TO
96915214
P.06
12U
~&lph Shackelford
-5-
"anuary 18, 1990
(b) I~ is in the ~~blic interest to
allow ~he vo~ers of San bieqo Co~nty to create
the San Diego Co~nty Regional Tranlporta~ion
Commission 80 that localdecilions can be
implemented in a timely manner ~o provide
improvements to the transportation system.
(Em 11.61 dded.), '
Sectio videl that -[tlhe Boar! of Directors of San
DieqoAssoc f Governments ((SANDAGI] shall .erve as the
San Diego County ~e9ional Tran.portation Co=mission." Section
132301 states that "[al retail transactions and ule tax ordinance
applicable in the incorporated and unincorporated territory of
the county .hall be tmposed by the commission." (Emphasis
added.) The different section. proceed to define the nature of
the tax to be imposed, .s well as the uses of the tax revenues:
"conltruction, capital acquisition, maintenancG, and operation of
streets, road., and hiqhway., includinq state hiqhways . . . and
public mas. transit sYstems." Section 132302. Section 132303
states that the "County shall conduct an election pur.uant to
section 132301." (Emphuis adaeeS.) ,
Therefore, Proposition A went before the voters on "ovember
3, 1987 and was passed:
A SAN DIEGO TRANSPORTATION IMPlOVEMENT r~OG~.
~ help relieve ~raffic conq.et1on,
increase safety, and tmprove air quality by
providing ..sential countywiae transportation
improvement., includinq:
~educed traffic congestion by videninq or
building Highway. 52, 18, 16, 56, 54 and 125,
~educe4 price transit passes 'for ..nior.,
students, and the cSi.abled, .,
Expanded commuter transit s~lces
including trolley system extension. to north
University City, San Diego Jack Murphy
Stadium, San'Die9o State University, and
Sant.e, comuter rail ..rvice to North County,
trolley .ervice improvement. in SOUth Bay and
Za.t coun~y,and express and local bu.
improvement.,
Increased safety throuqh repalr and
improvement of local street. and roadS, and
c ; (""
()....~
~4?
''''0".
_,r ...., I' ..." ''-''''_' .....,v,~ ______________________________";1__
_ "16:28 FROM CITY ATTORNEY CIVIL
TO
96915214
p.e?
130
~lph Shackelford
-6-
January 18, 1990
Construction of new bicycle routes.
Shall the San Diego County ~gional
Transportation Commission be authorized to
..~ab118h by ordinance a one-half of one
percent transactions and u.e tax for a period
not to exc.ed twenty years, with the proceeds
plaoed in a special fund solely for
transportation improvements?"
The Ordinance and !y.penditure Pha.e of,'roposition A provides
that after deduotion of administrative expenses and the
allocation of $1 million annually for bicycle facilities, the
revenues would be allocated one-third for transit purpo.e.,
one-third for local street and road purposes and one-third for
highway purpose.. (Section 4(a).l The fund. available to local
agericies for local street and road purposes were to be
distributed aocording to a formula based two-thirds on population
and one-third on maintained street and road mileage. Funds are
required to be expended to repair and rehabilitate existing
roadways, to reduce conqestion and improve safety and to prOvide
for con.truction of needed facilities. (Section 4 (c) .l
In order to obtain funding, each local aqency i. required to
develop a list of projects to be reviewed by the Commission
(.ection 5), and the Commission .hall approve a five-year project
list (section 6). Section 8 provides that a local agency
maintain a level of expenditure. on the same level of FY 84-85,
and any a~ncy which does not meet its maintenance of effort
(MOE) shall have it. funding reduced in the following year.
California Public Utilities Code section132304(bl (part of
article 5 requiring the election and ordinance for the tax)
states that "prior to the operative date of the ordinance, the
Commission shall contract with the State Board of Equalization to
perform all functions incident to the administration and
operation of the ordinance.-
The California~evenue and Tax Code speCifically mentions the
San Diego Regional ~ransportation Commission in '.ction 7252,7,
part of the chapter on Transaction. and Use Taxe., a. a
-di.trict- to be included in the provisions for imposition of
taxe..
It is quite apparent that Proposition A' funds are not moni..
collected and spent solely in the City of San Diego. !h. state
leiislature has provided for the development of the San Di.go
County Reqional Transportation Commission, has appointed the
Commission to hold the election imposing the tax, to impose a
retail transactions and use tax ordinance, to review proposals
/.J1''-Y-
6 ..vb
.J "
-.=-11-1992 16: 29 FRDI1
96915214
F.0S
CITY ATTORtlEY CJL11L
TO
...;:-......
Ralph Shackelford
-7-
3an~ary 18, 1990
and allocate reven~es received, to contr.ct with the State Board
of Equalization for ~rvices, and to withhold funds from agencies
which do not comply with the requirements of the ordinance. In
addition, thelesislative findings declared the committee
fo~tion and result 'ded, to be in the public
e a public purpose. C ea use of
Proposition A fun4s is not .olely a =unicipa affair.
V
ULEVANT CASE LAW
There have been numerous case. that have 4aalt with the
subject of =unicipal affairs, some .pecifically with projects
that were partly =unicipal affairs. In City of Pa.ad.na v.
Chamberlain, 204 Cal. 653, 658-659 (1928), the California Supreme
Co~rt .ddr....d the Metropolitan Water District Act and held that
.ltlhe act purports to be . general law applicabl. to all
portions of the State of California embracing =unicipalitie.
which miqht de.ire,to unite in a larver organization with the
Object of accomplishing. common p~rpose which it =iiht not be
possible or practical for such municipalities, acting singly or
.eparately, to accomplish." The court proceeded to hold that the
act in question was a gen.ral law in spit. of the fact "that it
confers pow.r. and b.nefit. upon tho.e who reside within the
corporate l~it. of municipaliti.... ~., st., City of Pasadena
v. Charleville, 215 eal. 384 (1932) where a contract for
construction of a fence around a re.ervoir Yhich was part of a
city's municipal water system was a ~unicipal affair.
Closer to the pre.ent inquiry, Wil.on v. City of San
Bernardino, 186 Cal. App. 2d 603, 610 (196~), dealt with
formation of a water district. The court .tated that "court. at
a very early date beiAn to make a dilt:nc:tion between 'municipal
affair.' carried on by a city and at=ilar affairs delegated to a
larger area which included a city.. F~rther, "lilt would
therefore clearly appear that whe~ a general law of the .tat.,
adopted by the atate legislature, provides for a .chama of public
illlprovement, the .cope of which intrudes upon or tran.cends the.
boundary of on. or .everal municipaliti.s, t09tther with '
unincorporate4 territory, auch contemplated improvement, cease. to
~e a municipal affair and comes within the proper domain and
requlation of the veneral lawl of the state.. Id. at 611, quoted
with approval in committee of Seven ~hQ~sand v.-ru~erior eourt,
45 Cal. 3d 491, 5~1988).
In City of Santa Clafa v. Von ~aelf.ld, 3 Cal. 3d 239, 246
(1970), concerning a aewer projec:t, the c:ourt .ai4 "a. in the
cale of other municipal projects, .ew.r projects Ill&Y transcend
the boundaries of one or several =unic:ipalitie. . . . (i1n such,
circumstances, the project 'c.a.es to be a municipal affair an~ J ).., ,:
C- r() ~t' .J :J~', f I-{J,:;I-.:v
)r ~ (-.,-~
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131
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_.... - LIlT HlllJI!"'"..~1 '-Jvu....
~alph Shackelford
-8-
January 18, 1990
132 , ~
...'"
..
COllIes within the proper domain and regulaticn of Ule general lawl
of t.he state.'.
i:
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5: .
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~ .
VI
CONCLUSION
Extensive laniuag. and hiltory regarding Proposition A hal
been utilized tollustrate Ule amount of st.ate involvement in
the entire Proposition A arena. The Commission was aet up by
state legiSlation in the Public Utilities Code, 'the tax wal
mandated by state leqillature and Ule stat.e levillat.ure set. up
requirements for the Commission. In turn, Ule Commillion through
the Board of Directors of SANDAG is charged with adminiltering
and requlating ,rope_ition A proqrams, approving proposed
projects and allocating funds to agencie, inCluded within Ule
area aerved.
~
~elevant case law pointl out that where projects affecting a
municipality tranlcend that municipality's boundariel to include
other areas, both incorporated and unincorporated, a ~tt.er
ceases to be a purely municipal affair and become. on. that
instead il governed by general law. .
In conclusion it is the opinion of this office regarding t
projects utilizing proposition A funds that general bw prevaUI. .,'
That is, t.he City of San Diego must pay prevailing wages on those
projects in compliance with California Labor Code 1770 et seq.
JOHN W. WI'1"1',
By ~aY
Deputy C
Clty Attorney
~ ~
M~ljrll1S0(x043.2)
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RUDICK PLAIT VICIDR & ZUCCARO
LA\-\-' OFHCES c," A PART\lI'HSHII' 01- Pllot-r,SSIO';'\l COIlI'OH;HIOf\S
PFr:F!\1F::D
TEI,EPHONF 619-2J3-nJ6
I ACSIMILE 6]9234-7325
"92 APR -3 P5 :01
ALLAN L RUDICK, APC
STEVEN L VICTOR, APC
EMIL A. ZUCCARO, APC
JFFfREY R. BLEASE
KAROL A. WHEALDON
402 WEST BROADWAY
24th HOOR
SAN DIEGO. CALIFORNIA <J2101
CITY
CITY t, "
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MORTON J. GRABEL
NANCY L STAGG
April 3, 1992
File No. 1049-092
SHEARN II. PLATT, OF COUNSEL
VIA HAND DELIVERY
The Honorable Mayor and Members of the
city council of Chula vista
The City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Award of Fifth Avenue Improvements Pro;ect Contract
Honorable Mayor and councilmembers:
I represent Erreca's, Inc., the second low bidder under Alternate
B (prevailing wages) of the Fifth Avenue Road Improvement Project.
I understand that this matter is on the agenda for the City Council
for Tuesday, April 7, 1992. Erreca's submitted a letter of protest
to the City Attorney on March 31, 1992. The protest is twofold.
First, the bid submitted by Caves, Inc. (the apparent low bidder)
was materially non-responsive and must be rejected by the City.
Second, the City must require the contractor to pay prevailing
wages on its public works contracts funded through Proposition A.
In my March 31, 1992 letter to the city Attorney, I outlined
Erreca's legal position on these two issues. For the sake of
brevity, I will not repeat the arguments in this letter and
respectfully refer the Honorable Mayor and councilmembers to the
City Attorney for a copy of the letter.
I will appear at the Council hearing on April 7, 1992, to
respectfully request the Council to table or continue the hearing
on the award of the Fifth Avenue Improvements Project. As you may
know, the California Department of Industrial Relations is
currently undertaking a coverage determination to decide whether
the city must pay prevailing wages under the Fifth Avenue
Improvements Project. While the city Attorney is of the opinion
that the City is not required to pay prevailing wages, my client
and other interested parties are of the opinion that the City must
pay prevailing wages. The Department of Industrial Relations has
0002766.WP
':V. .' / ci
( to /
The Honorable Mayor and councilmembers of
April 3, 1992
Page 2
offered to expedite the coverage determination in a March 20, 1992
letter to the City Attorney. Rather than prematurely award the
contract on a non-prevailing wage basis at the upcoming council
session, Erreca's requests that the Council await a coverage
determination by the Department of Industrial Relations as to
whether or not prevailing wages are required to be paid on the
project.
secondly, Erreca's objects to the award of the bid to Caves, Inc.
whose bid was materially non-responsive. At the public bid
opening, it was noted that Caves failed to fill in sixty-five (65)
separate bid prices on the bid proposal form for Alternate A.
Alternate A was mandatory. Price is an essential term of a
contract. Caves, Inc. only responded to eight percent (8%) of the
required price line items. The contract was bid on a unit price
basis and therefore the "total" of the items is for comparison
purposes only and does not bind the contractor. Only the
individual line item prices bind the contractor. For this reason,
Caves' bid must be rejected as being materially non-responsive.
Erreca's respectfully requests that the Honorable Mayor and
Councilmembers table or continue the matter of the award of the
contract for the Fifth Avenue Improvements Project until after the
Department of Industrial Relations makes its coverage
determination. In the alternative, Erreca's respectfully requests
the Mayor and Honorable Councilmembers reject the bid submitted by
Caves, Inc. as materially non-responsive and award the bid
accordingly.
Very truly yours,
ZUCCARO
JRB:cal
cc: Bruce N. Boogaard, Esq. - city Attorney
John Goss - City Manager
John Lippitt - Public Works
John Rea - Chief Counsel, Dept. of Industrial Relations
0002766.WP
~, ") " '
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,/ i./
Sf;
ORDINANCE NO. .l5tJf COIJtO
1,><:,
AN ORDINANCE ADDING SECTION 2.58.060 TO THE ~OIIJtC
CHULA VISTA MUNICIPAL CODE REGULATING THE ' ~
PAYMENT OF PREVAILING WAGES FOR CONTRACTS LET ~~
BY THE CITY. ~OO
\(>itOA.
WHEREAS, Labor Code Section 1770 et seq. requires a 'V
public entity to pay prevailing wages on public works projects;
WHEREAS, on May 20, 1986, the City Council of the city
of Chula vista adopted Resolution No. 12493 rescinding Resolution
No. 7532 which established the prevailing wage rates as those
listed in the published book entitled "Equipment Rental Rates and
General Prevailing Wage Rates," published by the State of
California;
WHEREAS, Resolution 12493 limited payment of the
prevailing wage to "projects which are required to have the
prevailing wage schedule due to their funding by State or Federal
programs, the booklet entitled 'Equipment Rental Rates and
General Prevailing Rates,' published by the State of California
shall be used for said projects";
WHEREAS, the City Council has consulted its City
Attorney who has determined that the prevailing wage requirements
of the Labor Code do not pertain to local public works projects
of a chartered city, when the City is contracting for projects
which are limited to "municipal affairs," and State or Federal
funding do not otherwise require the payment of the prevailing
wage:
WHEREAS, this Ordinance codifies the policy
incorporated in Resolution No. 12493 by limiting payment of the
prevailing wage requirements to public works projects which
involve "statewide concerns," or where required by State or
Federal programs;
NOW THEREFORE, the city Council of the City of Chula
vista does ordain as follows:
Section 1. Section 2.58.060 is hereby added to the
Municipal Code, and said Section shall read as follows:
2.58.060 Payment of Prevailing Wages
No contract shall require payment of the prevailing
wage schedule unless:
A.
The prevailing wage is legally required, and
wages9.wp
April 1, 1992
Ord. Re Prevailing Wages
Page 1
~<~.,k1-
p- ;Z7
constitutionally permitted to be imposed, by Federal or
state grants; or
B. The project is considered by the city council not
to be a municipal affair of the City; or
C. Payment of the prevailing wage is authorized by
resolution of the city council.
Payment of the prevailing wage schedule if
hereunder, shall use the pertinent rates p
the state of California.
ro ed a~to
Bruce M. Boogaard
City Attorney
Presented by:
John Lippitt, Public Works
Director
wages9.wp
April 1, 1992
Ord. Re Prevailing Wages
Page 2
JJI-;1f
/~ f/?.g
council Agenda statement
Item:~
Meeting Date: April 21, 1992
Item Title: Ordinance No 2SD2), Amending section 2.14.080(A)
of the Municipal Code to extend the duration of
the authority of the City Manager to proclaim a
state of local emergency until the next regularly
scheduled council meeting. ~^\?
Submitted by: Bruce M. Boogaard, City AttorneY~~)I
Agenda Classification: (XX) Consent
( ) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
If an emergency strikes the community of Chula Vista, and the
City Manager declares a state of "local emergency", the city
Manager is conferred extraordinary powers under our Emergency
Services ordinance, codified in Chapter 2.14 of the Municipal
Code.
However, currently, our Municipal Code provides that the city
Manager's prOClamation of emergency is only good for seven (7)
days after proclamation unless ratified by the city Council at a
meeting conducted by them.
Occasionally, there are gaps of greater than seven (7) days in
the regular meetings of the City Council, and often the
Councilmembers plan their vacations around these gaps. Given
this fact, and the fact that a serious emergency may affect the
ability of the Council to meet for a special meeting, it appears
reasonable to anticipate that we may have difficulty convening a
quorum to ratify the Manager's proclamation of emergency.
The attached ordinance would extend the City Manager's authority
until the next regularly scheduled Council meeting.
Recommendation:
Adopt the attached Ordinance.
emerg2.wp
April 9, 1992
Al13 re Proclamation Duration
Page 1
q-l
Boards and Commissions Recommendation:
None; None Applicable.
Discussion:
with the adoption of this proposed change, the council may, if
they still feel it necessary or desirable, still convene such a
special meeting under the existing rules for calling a special
meeting. However, if for any reason related or unrelated to the
emergency they can not convene a quorum within the seven (7)
days, the authority of the City Manager, as the Director of
Emergency Services, should not be limited.
After the change, the Section will read as follows:
"2.14.080 Director-Powers and duties.
The director of emergency services is empowered to:
A. Request the city council to proclaim the existence or
threatened existence of a "local emergency" if the city
council is in session, or to issue such proclamation if
the city council is not in session. Whenever a local
emergency is proclaimed by the director, the city
council shall take action to ratify the proclamation
withiR seveR aays thereafter at their next reaularlv
scheduled council meetina held after the date of the
proclamation or the proclamation shall have no further
force or effect; . . .:"
Fiscal Impact:
Negligible.
emerg2.wp
April 9, 1992
Al13 re Proclamation Duration
Page 2
q~i-/f/"'I
ORDINANCE NO. :2.5DS
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.14.080(A) OF THE CHULA VISTA MUNICIPAL
CODE TO EXTEND THE DURATION OF THE AUTHORITY OF THE
CITY MANAGER TO PROCLAIM A STATE OF LOCAL EMERGENCY
UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEEETING
The city Council of the City of Chula vista does ordain
as follows:
SECTION I: That section 2.14.080A of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 2.14.080 Director-Powers and duties.
The director of emergency services is empowered to:
A. Request the city council to proclaim the existence
or threatened existence of a "local emergency" if
the city council is in session, or to issue such
proclamation if the city council is not in
session. Whenever a local emergency is proclaimed
by the director, the city council shall take
action to ratify the proclamation \;ithiR seveR
days thereafter at their next reaularly scheduled
Council meetina held after the date of the
proclamation or the proclamation shall have no
further force or effect; . . .:"
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Pre";L ~~ l[?"" to form by
Bruce M. Boogaard, City Attorney
q,;
MARKED FOR CHANGES AGENDA ITEM NO. 9
ORDINANCE NO. 2505
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.14.0BO(A) OF THE CHULA VISTA MUNICIPAL
CODE TO EXTEND THE DURATION OF THE AUTHORITY OF THE
CITY MANAGER TO PROCLAIM A STATE OF LOCAL EMERGENCY
UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEEETING
The city Council of the city of Chula vista does ordain
as follows:
SECTION I: That Section 2.14.080A of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 2.14.080 Director-Powers and duties.
The director of emergency services is empowered to:
A.
Request the city council to proclaim the existence
or threatened existence of a "local emergency" if
the city council is in session, or to issue such
proclamation if the city council is not in
session. Whenever a local emergency is proclaimed
by the director, the city council shall take
action to ratify the proclamation \.ithiR seveR
aays thereaftor at their next re ularl scheduled
Council meetina held after the date of th~
proclamation or the proclamation shall have 0
further force or effect unless terminated v the
city Council at a special meetina called bv the
Council [or that purpose; . . .:"
full
II: This ordinance shall take effect and be in
thirtieth day from and after its adoption.
rney
9-5'
COUNCIL AGENDA STATEMENT
Item: I tJlJ45
Meeting Date:4/2l/92
ITEM TITLE:
Ordinance 2.!)OIo Amending
6, 9, lO, 12, 13, 14, 15, 17,
Municipal Code relating to fees
Schedule.
Resolution 11,151Q Adopting an amended Master
Fee Schedule which reflects inclusion of fees
affected by Ordinance
Titles 1, 2, 3, 5,
18 and 19 of the
and the Master Fee
SUBMITTED BY: City Attorney
Director of Finance~~
REVIEWED BY: city Managery{ (4/5ths Vote: Yes___ No~)
y
Several fees have been added to or changed in the Master Fee
Schedule since its creation ten years ago, but the document has not
undergone a comprehensive review since 1987. Staff has divided
this proposed update into two phases:
Phase I
1). Transfer information regarding specific fee amounts
from the Municipal Code to the Master Fee Schedule.
2). Make several principally administrative
modifications in the Municipal Code and the Master
Fee Schedule for greater clarity and consistency.
Phase II 3). Update designated fees to account for increases in
costs; propose adoption of new fees.
Because of the importance of scheduling and advertising for public
hearings, staff is presenting this item in two parts. Phase I -
being considered now - accomplishes the administrative groundwork
necessary for the Master Fee Schedule update to proceed. All
changes to the fees themselves have been scheduled for Phase II of
the update to allow sufficient time to notify the public and other
interested groups (e. g. Chamber of Commerce, Downtown Business
Association, Building Industry Association, etc.) of the proposed
amendments.
There is no fiscal impact associated with this phase of the update.
RECOMMENDATION: That Council:
1. Adopt Ordinance amending several sections of the Municipal
Code relating to fees and the Master Fee Schedule.
Note: Item 1 is directly linked to the following resolution
10 -I
which provides for several corresponding changes in the City's
Master Fee Schedule and should. thus. be adopted in concert
with Item 2.
2. Adopt Resolution adopting an amended Master Fee Schedule which
reflects inclusion of fees affected by Ordinance
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Transfer of Existina Fees
As originally established in 1982, the Master Fee Schedule is a
centralized listing of the fees charged by the City for services
and administrative acts and other legally required fees. The
schedule serves as a resource for the public to determine the costs
of various types of city services without the need for extensive
research or a specialized understanding of municipal government.
For the schedule to serve that purpose, it must be comprehensive.
In its current form, the schedule omits several fees which have
been authorized by previous council actions and are included in the
Municipal Code. If the schedule is purported to be an
authoritative collection of city fees, the general public will
assume that if a particular fee is not listed in the schedule, it
does not exist. In order to eliminate such confusion, all fees
currently listed in the Municipal Code should be transferred to the
Master Fee Schedule.
The process for such a transfer is as follows:
1. The Municipal Code is amended to remove the actual amount of
the fee and to refer instead to the Master Fee Schedule.
2. The Master Fee Schedule is amended to include the amount of
the fee and a cross-reference to the code.
Thus, the code retains the authorization for the fee, but the fees
themselves are all listed in a single document. Aside from the
convenience this provides for the public, it also lessens the
possibility of inconsistencies in the application or updating of
the fees on the part of city staff.
Administrative Modifications
Since the scope of this project was envisioned to be comprehensive,
staff has highlighted several secondary issues that also deserve
attention at this time. These changes are principally
administrative in nature and do not affect the level or assessment
of fees. In general, these changes fall into three categories:
vague or confusing language in the code, organization of the fee
/()"2
schedule, and various other issues involving legal clarifications
or amendments.
1. Language: Over the course of the Master Fee Schedule I s
initial adoption and subsequent updates, several different
phrasings have been used in the Municipal Code to reference
the fee schedule. In the interests of clarity and consis-
tency, and on the advice of the City Attorney, staff
recommends amending existing references to authorize
collection of the "Required Fees." A definition of "Required
Fees" has been added to the code to complete this amendment
through reference to the Master Fee Schedule.
2. Organization: within the Master Fee Schedule itself, staff
has designed a new organizational format to ease public use of
the document. Historically, fees have been listed in order of
their corresponding code section. To the general public,
these numbers are meaningless and provide no clues to their
relevance to a particular type of project. The proposed
changes would organize the schedule into chapters, provide
general information on fee assessment and waivers, and
facilitate the use and updating of the schedule through an
index cross-referenced to the Municipal Code.
3. Legal Issues: Certain older sections of the Municipal Code
authorize fees for activities which the state has since
preempted local jurisdictions from regulating. staff is
taking this opportunity to recommend repealing those sections
relating to ambulance and taxi driver licensing which have
thus been superseded.
Chapter 1.20 of the code provides for general penalties and
for discretion on the part of the prosecutor in dealing with
those penalties. However, several code sections describing
violations of the code have variously referred to: violations,
infractions, misdemeanors, and specific fines or jail terms to
be imposed. On the advice of the city Attorney, staff
recommends amending all such references to make the proscribed
code violation "unlawful." (Note: Although the penalties for
code violations do not fit the definition of fees and are thus
not included in the Master Fee Schedule, staff feels that
these code amendments are similar enough in character to the
others contained in the attached ordinance to consider them
within a single agenda item.)
Another legal issue which has been addressed through this
update concerns certain fees the City currently charges which
have been authorized through Council resolution but not
through the Municipal Code. The city Attorney has advised
that, notwithstanding any prior resolutions, such fees should
also be specifically authorized by language in the Municipal
Code to avoid potential challenges.
10 -..3
Phase II
In consideration of the legal concerns raised above, there are some
new fees to be proposed in Phase II for which additional
authorizing language may be necessary. This language has been
included in the Phase I code amendments so that the authorization
would precede any imposition of the fees and any potential
ambiguity can be avoided. As the fees themselves would be
presented through a public hearing in Phase II of the update, this
language would have no independent effect on the city's fees.
FISCAL IMPACT: N/A
A:\MFSl13.GWY
Attachments
/D.~
ORDINANCE NO. 2~o~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING, ADDING, AND REPEALING VARIOUS
SECTIONS OF TITLES 1, 2, 3, 5, 6, 9, 10, 12,
13, 14, 15, 17, 18 AND 19 OF THE MUNICIPAL
CODE RELATING TO FEES AND THE MASTER FEE
SCHEDULE.
The city council of the City of Chula vista does ordain
as follows:
SECTION I: That sections 1.30.080,1.30.120,1.30.180
2.09.020, 2.16.030, 2.50.130, 2.58.010, 2.60.060, 2.60.150,
2.64.020, 2.66.310, 2.70.010, 2.70.030, 3.45.010, 5.02.040,
5.02.150, 5.02.190, 5.04.160, 5.06.020, 5.08.060, 5.10.350,
5.14.030, 5.14.060, 5.20.040, 5.20.070, 5.26.030, 5.35.105,
5.36.080, 5.36.090, 5.36.160, 5.36.170, 5.38.030, 5.38.120,
5.40.010, 5.48.060, 5.56.100, 5.64.040, 6.02.010, 6.02.020,
6.12.020, 6.12.030, 6.12.040, 6.12.045, 6.16.030, 6.16.050,
6.20.030, 6.20.040, 6.20.050, 6.20.060, 6.20.070, 9.06.050,
9.06.130, 9.11.040, 10.24.140, 10.56.300, 10.60.020, 10.72.050,
10.84.020, l2.08.100, 12.l2.100, 12.20.l00, 12.20.240, 12.24.060,
12.24.070, 12.28.050, 12.28.060, 12.40.020, 12.44.020, 13.14.020,
13.14.030, 13.14.090, 13.14.110, 13.14.120, 13.14.130, 13.14.150,
13.14.170, 14.16.020, 15.04.290, 15.08.015, 15.08.030, 15.08.050,
15.08.060, 15.08.070, 15.08.075, 15.08.078, 15.16.030, 15.16.040,
15.20.020, 15.20.040, 15.24.015, 15.24.060, 15.28.025, 15.28.040,
15.28.050, 15.32.040, 15.32.050, 15.32.060, 15.32.070, 15.36.020,
15.44.050, 15.44.070, 15.44.090, 15.48.060, 15.50.060, 15.51.020,
17.02.010, 17.08.050, 17.10.070, 17.16.270, 18.04.040, 18.16.240,
18.24.050, 18.28.010, 18.28.020, 18.28.030, 18.28.040, 18.28.050,
18.28.080, l8.28.090, 18.48.050, 18.54.100, 19.06.010, 19.07.0l0,
19.08.040, 19.12.030, 19.12.140, 19.14.030, 19.14.070, 19.14.160,
19.14.260, 19.14.360, 19.14.440, 19.14.486, 19.14.490, 19.14.510,
19.14.571, 19.14.577, 19.14.582, 19.14.590, 19.14.600, 19.48.040,
19.48.080, 19.48.090, 19.58.370, 19.58.380, 19.60.020, 19.60.070,
19.60.080, 19.60.500 and 19.62.040 of the Chula vista Municipal
Code are hereby amended as shown in Exhibit "A", attached hereto
and incorporated herein by reference as if set forth in full.
SECTION II: That sections 2.58.020, 2.58.030,
2.58.040, 2.58.050, 2.58.060, 5.10.040, 5.10.110, 5.10.120,
5.10.130, 5.10.140, 5.10.150, 5.10.160, 5.10.170 and 6.28.030 and
Chapter 5.l5 of the Chula vista Municipal Code are hereby repealed.
SECTION III: That new sections 1.04.080, 2.58.015 and
6.12.060 are hereby added to the Chula vista Municipal Code as
shown in Exhibit "A", attached hereto and incorporated herein by
reference as if set forth in full.
IDA.. I
SECTION IV: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Lyman Christopher, Director of
Finance
by
Presented by
D. Richard Rud
City Attorney
ssistant
IDA -2.
EXHIBIT "A"
J~{O
1.04.080 Reauired FeeCs}.
Wherever the term "Reauired FeeCs}" is used in this Code it shall mean
the fee in the amountCs} established in that oortion of the Master Fee
Schedule relatina to that tooic in the section of the Municioal Code relatina
to the same tooi c. as that amount mav. from time to time. be amended bv the
Citv Council bv ordinance or resolution. CSee Master Fee Schedule index for
cross reference between Municioal Code section imoosina fee and Master Fee
Schedule section settina forth amount of fee.}
1.30.080 Appeal fee: Determination of amount/waiver of payment/refund.
."W ~~/Jp.#/ Pf / J.MI ~/ tfi# tWtW tW AYW~WW' frlrNYrlrfYrlffl:l /W /'t~~/f.!'/.I
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"J7>~jJ.7-~J
At the time of fil ina an aODeal. the aDDellant shall Dav the Reouired
FeeCs\.
If the appellant claims an economic hardship in paying the appeal fee, he
or she may submit an appl i cat i on for waiver of the appeal fee on forms
provided by the City Clerk for that purpose. The forms shall be substantially
similar to those required of litigants initiating court proceedings in forma
pauperis pursuant to Section 68511.3 of the Government Code. The forms shall
be executed under pen a lty of perjury and contain a declarat i on as to the
truthfulness and correctness of the information contained therein. Upon
submittal of the completed forms, the appeal fee shall be waived.
Failure to submit the waiver forms or pay the appeal fee in a timely
manner shall cause the appeal request to be automatically denied. Enforcement
of the order to abate may then proceed as if no appeal request had been
submitted.
If the appeal fee is paid and the City Council finds there is no public
nuisance, the appeal fee shall be refunded to the appellant without the
payment of any interest which could have accrued.
1.30.120 Noncompliance with order to abate.
Upon the failure, neglect or refusal to properly comply with the Order to
Abate within the prescribed time period, the City Abatement Officer may cause
to be done whatever work is necessary to abate the publ ic nuisance. An
account of the cost of abatement shall be kept for each separate assessor's
parcel involved in the abatement.
When the City has completed the work of abatement, or has paid for such
work, t~~//~//~/~vvvvfl//'/.pg~'/.~~t//~tJV/~//?~WYrYV~YVv//tpt't/
!~t"p.p!~g/~/~'t'tpt~~ilt/tf~l/t~,YY/~/~~(gvrf/tp/~v//J~n~t/fttV/'/.~~
ptpp~t'/.l the owner of the orooertv shall oav the ReQuired FeeCs\. To this
amount shall be added the appeal fee, if it was previously waived. The
WPC 10571 (Rev. 4/14/92) - Pg. 1
Proposed Revisions to Municipal Code
)t;/7- 3
combined amounts shall be included in a bill and sent by mail to the owner, or
his or her agent for payment, if not paid prior thereto. The bill shall
apprise the owner that failure to pay the bill within fifteen (I5) days from
the date of mailing may result in a lien upon the property.
1.30.180 Violations.
It shall be unlawful for any person to interfere with the performance of
the duties herein specified for the City Abatement Officer or any authorized
offi cer or employee thereof, or to refuse to allow any such offi cer or
employee or approved private contractor, to enter upon any premises for the
purpose of abating the public nuisance or to interfere in any manner whatever
with said officers or employees in the work of abatement. ~ill;~r~~~
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Paying a fine or serving a jail sentence shall not rel ieve any person
from responsibil ity for correcting any condition which violates any provision
of a code being enforced pursuant to this chapter.
2.09.020 Chief-Duties and Responsibilities.
The Police Department shall be under the supervision of the Police Chief,
which office shall be the department head in the unclassified city service
pursuant to Charter Section 501. The Pol ice Chief shall have the following
duties and responsibilities.
A. The Police Department shall be administered by the Police Chief as same
may be, from time to time, directed by the City Manager. The Police
Chief shall be appointed by an shall report to, the City Manager.
B. The Police Chief shall, personally and through the direction and use of
the human, tangible and intangible resources of the City assinged to the
Pol ice Department, protect and serve the City of Chula Vista, and its
citizens, residents, and inhabitants, and shall enforce the Constitution
and laws of the United States, the Constitution and laws of the State of
Cal ifornia, and the Charter and ordinances of the City of Chula Vista,
and the rules, regulations, and policies of the City of Chula Vista
("Laws"). The aforementioned Laws are 1 isted in order of priority so
that, in the event that there may be an i rreconcil abl e confl i ct between
the Laws, it shall be the duty of the Pol ice Chief to enforce the Law
first mentioned.
WPC 10571 (Rev. 4/14/92> . Pg. 2
Proposed Rev;s;ons to Municipal Code
/i-),/1'1(
.~-,--"'_., ..._- -.---,..---.----..-..-------- ----~_._-,,-, .... .----
C. Be the appointing power for all positions provided by the City Council
for the department, as provided in Charter Section 507, subject to ,City
Manager approval.
D. The Pol ice Chief shall, at the request of the City Council or the City
Manager, and to the extent not inconsistent with, or in violation of, any
Laws, provide such advice, reports, surveys, and recommendations relative
to pol ice matters, security, enforcement of Laws, and any other matters
as may, from time to time, be requested of his office or the Police
Department.
L. The Pol ice Chief shall charQe. collect and account to the Director of
Finance the ReQuired Feels) for all services. includinQbut limited to
finQerorint identification and animal control services.
Director-Duties and responsibilities.
The parks and recreation department shall be under the superV1Slon of a
director of parks and recreation, who shall have the following duties and
responsibilities:
A. Act as secretary to the parks and recreat i on commi ss i on as created by
Section 613 of the Charter, and assist said commission in carrying out
duties as provided in Section 614 of said Charter;
B. Promulgate and administer policies and regulations governing use and
permits for parks and recreational facilities as recommended by the parks
and recreation commission, and adopted by the city council;
C. Establish administrative rules and regulations
administration of the parks and recreation department;
governing
the
D. Recommend to the parks and recreation commission and to the city council
rul es and regul at ions governi ng the conduct of persons us i ng parks and
recreation areas;
E. Plan, organi ze and di rect an adequate recreat i on program and admini ster
the same;
F. Train and supervise recreational personnel;
G. Prepare and submit a department budget when required;
H. Schedule the use of recreational facilities;
I. Attend meetings of the youth advisory council and meet with community
groups to stimulate interest in the city's recreational program;
J. Ma i nta in such records and render such reports as may be requ i red by the
chief administrative officer;
K. Have responsibility for the landscaping and maintenance thereof of park,
city street median strips, banks and slopes, and park maintenance
district areas;
WPC 10571 (Rev. 4/14/92) . Pg. 3
Proposed Rev;s;ons to Municipal Code
////1.,~r:;
L. Provide direction and assistance to workmen engaged in planting and
cari ng for 1 awns, trees, shrubs and flowers on all ci ty owned property
including the areas set forth in this chapter;
M. Have responsibility for the removal of any illegally placed signs found
in any park, city street median strips or park maintenance district areas
or any other publicly owned or dedicated areas within the city.
~ Charae. collect and account to the Director of Finance the Reauired
Feels) for Darks and recreation oroarams facilities and services.
2.50.130 Recount-Payment of costs.
Should the city council order a recount of the ballots, it may do so on
its own motion or at the request of any contestant. Should the city council
determine that the recount is made at the request of a contestant, '/'tI/,M)70
fpr't~~'/'t~/~t~~ft/~/~P1'tltp/~/~rrflpf/~/r~~~~~rll~ the contestant
shall deposit ~~!~II~~~II~!~~!~llf!Y~II~~I~ with the finance officer ~
Reouired Feels). If the moneys are not so ~~pp~~~ deoosited within five
days, the contestant shall forfeit his right to a recount.
2.58.010 ~~~~~lj~~~~/P~rpp~~/P~i~~~~j Fees for Providina Information
from Records or Documents; Research. or Processina Services
"~~/f#/.I fAtI ~ Nrv Ifr/tW 1'/r./~~!N //1,8/#t/,1 #I ~ IW IW~/~~#~r
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~#NI /f#l 1#1'-~~~r~1 Exceot for reauests for cooi es of ident ifi ab1 e oub1 ic
records. anyone reauestina services for orovidina information from records or
documents. doina research or orovidina orocessina services shall oav the
Reauired Feels). Such fees shall include. but not be limited to. the direct
costs of duo1icatina. transmittina. mailina. faxina. or bv some other means
orovidina the information reauested from records or documents and the costs of
any oroarammina. orocessina. or research which is necessitated in order to
oroduce. oreoare or identify the reauested records or documents.
2.58.015 Cooies of Identifiable Public Records.
In accordance with Government Code Section 6257. the Deoartment Head
whose deDartment is the custodian of the records souaht Dursuant to a reQuest
for a CODY of an identifiable Dubl ic record shall chanae. and the recioient
~hall Dav. Drior to receiDt of the reQuested Dubl ic record. the Reauired
Feels) therefor.
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WPC 10571 (Rev. 4/14/92> - Pg. 4
Proposed Revisions to Municipal Code
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2.60.060 Recovery of property by owner permitted when.
Any person may cl aim property in possess i on of the pol ice department at
any time prior to the first publ ication of notice of sale or transfer by
proving, to the satisfaction of the chief of pol ice, ~jt ownership of such
property and paying ~JII~IIIYr/r/Yv~Yr/gllt~~t~~~IIIJtrlII~rpt~gV the
Reauired Feels).
WPC 10571 (Rev. 4/14/92> . Pg. 5
Proposed Revisions to Municipal Code
) /;/J -7
2.60.150 Vesting of title to unclaimed property 1n finder.
A. Valuation of Twenty-five Dollars or More.
If the reported value of the property. is twenty-five dollars or more and
no owner appears and proves his ownership of the property. within ninety.
days, the police department shall cause notice of the property to be
published at least once in a newspaper of general circulation. If, after
seven days following the first publication of the notice, no owner
appears and proves his ownership of the property and the person who found
or saved the property. pays the cost of the publication, the title shall
vest in the person who found or saved the property unless the property.
was found 1n the course of employment by an employee of any public agency
1n which case the property. shall be sold at public auction. Title to
the property shall not vest in the person who found or saved the property
or in the successful bidder at the publ ic auct i on unless the Reoui red
Feels) ##/NFI/'I'l-Wn;.~'tI~;. is first paid to the city, county, or city
and county whose police department caused the notice to be published.
B. Valuation of Less Than Twenty-five Dollars.
If the reported value of the property is less than twenty-five dollars
and no owner appears and proves his ownership of the property within
ninety days, the title shall vest in the person who found or saved the
property, unless the property. was found in the course of employment by
an employee of any publ ic agency, in which case the property shall be
sold at public auction.
C. Exception - Bicycle.
If the found or saved property is a bicycle, if no owner appears and
proves ownership of the bicycle within ninety days, the title shall not
vest in the person who found or saved the bicycle. All such unclaimed
bicycles shall be sold at public auction pursuant to this chapter.
2.64.020 Regulations and restrictions designated-Posting required.
No person shall make use of any municipal gol f course without first
having obtained a ticket authorizing such use from the city or its designated
represenative and Davina the Reauired Feels). Any person being present on any
portion of the municipal golf course without first having obtained such a
ticket or being engaged in an activity and within an area not authorized and
approved by the di rector or parks and recreat i on shall be deemed gui 1 ty of
trespassing which is hereby. declared to be a misdemeanor punishable as
provided in Section 1.20.010 of this code. In addition, all persons using the
municipal golf course pursuant to such authorization shall be bound by the
rules and regulations in Sections 2.66.020 through 2.66.290 of this code, and
said persons within the 1 imits of any municipal golf course shall not do any
act or acts contrary to the rul es establ i shed by the parks and recreation
department for the use of such golf course, and failure to comply with said
rules as approved by resolution of the city council, other than the rules
adopted by this title, will be good reason and cause for any such person being
reuqired immediatley to leave the premises; provided however, that such rules
WPC 10571 (Rev. 4/14/92) - Pg, 6
Proposed Revisions to Municipal Code
jb/-} /;/
shall be conspicuously posted in the club house of such golf course. Further,
the failure to leave the Premises upon request for a violation of said rules
will constitute a misdemeanor as provided herein.
2.66.310 Group use - Rules and regulations.
A. All groups desiring to make reservations for picnic shelters or
ballfields must complete a Park Reservation Request form, submit a
refundable cleaning and security deposit and pay ;.//p'#//I# 1b.e.
Reouired Feelsl at the time of request. NOTE: The reservations must be
made at least two days before the desired date. Groups wishing to
reserve a ballfield must reserve one for a minimum of two hours. If
groups wish, ~t for an additional tp~t Reouired Feelsl, to have a
ballfield prepped (dragged and chalked), 7 days notice must be given.
Y~~~/fpt/t~~~tl~tjp~~/~jll/~~/~~/~~t/fptt~/j~/t~~/~~~t~t/Y~~/$t~~~pl~J
B. At the conclusion of the group's use, a Park Ranger from the Department
of Parks and Recreation will inspect the area to determine if it has been
cleaned and to ensure that no damage has occurred. If the area is left
in satisfactory condition, the deposit will be refunded.
If the area has not been properly cleaned, the Department will cause it
to be cleaned with the actual costs being deducted from the deposit. If
the costs of cleaning exceed the amount of the deposit, the group or
organi zat i on wi 11 be bill ed for the balance due with interest added if
not paid within thirty (30) days after the billing date.
C. Groups must not exceed the maximum size for their shelter. Any group
that exceeds the maximum as determined by a Department of Parks and
Recreation Ranger will forfeit its cleaning deposit. This occurrence may
be grounds for refusal to approve future requests. ~r~~pi/~/AOt
~~(~~~//rVV/~/~~~//f~t/~~YV/~~/.///AI/gr~~p/~/~pAl/~~~
(~~~pt/~~/~((p~~p~~t~~J
D. Groups who cancel a reservation will be charged a U Reauired Feelsl
ill handl ing f~~. If the reservation is cancelled 7 or more days in
advance, the use fee and cl eani ng/damage depos i t wi 11 be refunded. If
the reservation is cancelled less than 7 days in advance, only the
cl eani ng/damage depos it wi 11 be refunded. Cancellat ions must be made
during business hours (8:00 a.m. - 5:00 p.m.) Monday through Friday by
ca 11 i ng 691- 5071 or by comi ng to the Parks and Recreat i on Department.
Should inclement weather occur on the day of the reservation, the groups
may receive a refund of the use fee and cleaning/damage deposit or
reschedule their reservation.
E. All glass containers and beer kegs are prohibited.
F. All groups will confine themselves to their ~~~j~~~~ assianed areas,
unless they are involved with recreational activities. No picnic tables,
benches, gri 11 s, stoves or other park equi pment wi 11 be moved from any
other area wi thout express permi ss i on from the Department of Parks and
Recreation. Groups may not change assigned picnic areas. Failure to
comply will result in forfeiture of all fees.
WPC 10571 (Rev. 4/14/92) - Pg. 7
Proposed Revisions to Municipal Code
/ l,"-J- /
G.
All group members
reservat i on form.
will be ticketed.
and caterers must use the parking area assigned on the
Any vehicle not parked in designated parking spaces
H. Organizations and groups staging functions in the parks should acquaint
themsel ves wi th the general park rul es and regul at ions. Actions whi ch
are in violation of said rules and regulations may result in cancellation
of the outing, forfeiture of deposits, arrest or fine.
I. These Group Use Rul es and Regul at ions apply to all Ci ty of Chul a Vista
Parks.
2.70.010 Public library-Use of property regulated-Fines.
It is unlawful for any person, firm or corporation to retain any picture,
newspaper, magazine, pamphlet, manuscript or any other property belonging in,
to, or on depos i t with the Chul a Vi sta Publ i c li brary, or any readi ng room,
deposit station, or institution operated in connection therewith for' a period
exceeding thirty days after the mail ing by letter to the borrower s address,
on fil e wi th the 1 i brary, of a not i ce in wri t i ng to return the same, gi ven
after the expiration of the time which by the rules of the library the article
or other property may be kept. It is further unlawful for any person, firm,
or corporation to refuse to pay the fine for the keeping of such properties
beyond the time established by the rules. ~/!jp,~tjP~/~//~/1VVVY~/'~/An
'~ff~~tjP~/P~~j~~~~'~/~i/~/fj~~/~Pt/tP/~~~~~p/t~p/~~~pf~p/fjfti/pp"~f~1
2.70.030 Fines and fees.
, Librarv fines and fees.( shall be the Reauired Feelsl. #
pf~#~tli/ ~ Nt / MI /rf.~i / /IN /YrI /tN/ lMWiI / #,1#/#/ IW /t~N ~ /n~
~~~~p~'~.(/~~~"/~~/j~pp~~p/fpf/t~~/fp"p~j~g/'j~f~fi/~~f!j~~~1
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~I ~~~fg~/'pt/~t~/p'/~~~t~t/~j~tp"'~1
3.45.010 Established-Purpose.
A. The city council shall adopt, by resolution, a master fee schedule,
indicating therein the fees for all services, administrative acts and
other legally required fees, which resolution may be amended from time to
time and shall be effective upon first reading and approval; provided,
however, such reso 1 ut ions may specify therei n thei r appl icabil i ty, if
any, to applications currently in the process of review.
WPC 10571 (Rev. 4/14/92> . Pg. 8
Proposed Revisions to Municipal Code
J [,1 ' ) (/
B. A copy of the master fee schedule shall be maintained in the office of
the city clerk and in each department of the city.
C. The fees set forth in the master fee schedule may be waived by the
Waiving Authority, as defined hereinbelow in Subsection 0, in accordance
with the following procedures:
1. Any person requesting an abatement of a fee herein charged shall
request said abatement in writing, addressed to the Waiving
Authority, and shall set forth herein, with specificity, the
reasons for requesting said abatement of all or any portion of the
fees.
2. The Waiving Authority shall conduct a publ ic hearing, notice of
which is not required to be published. Notice of said public
hearing shall be given to the applicant and to any party or parties
requesting notice of same.
3. Pri or to abat i ng all or any portion of a fee establ i shed in the
master fee schedul e, the Wa i vi ng Authori ty shall fi nd a pecul i ar
economic hardship or other injustice would result to the applicant
which outweighs, when balanced against, the need of the City
revenue and the need for a uni form method of recovering same from
those against whom it is imposed.
D. Waiving Authority, as the term is used herein, shall mean the City
Manager, or his designee, if the amount of such waiver is less than
or equal to the greater of (1) $2,500 or (2) 25% of the fee imposed
by the master fee schedule. If the amount of the waiver is greater
than the greater of $2,500 or 25% of the original fee imposed by
the master fee schedule, the Waiving Authority, as used herein,
shall mean the City Council.
E. If the Waiving Authority in a particular fee waiver matter is the
City Manager, or his designee, the decision of the City Manager, or
his designee, may be appealed to the City Council by any t~~!~#f,
r/Y I /t#I 11-IoUI NY I MNW IfJ/1fiM Derson, incl uding, but not 1 imited
to, the members of the City Council. If the Waiving Authority is
not the City Council, then the Waiving Authority shall provide
notice of his decision to waive the fee set forth in the master
fee4 schedule by distributing a copy of .said notice of decision to
each member of the City Council and to the City Clerk. Said notice
of decision shall be deemed a public record.
5.02.040 Application-Contents required-Fee.
Before any license is issued to any person, such person shall make
written application therefore to the finance officer of the city. Such
application shall:
A. State the nature or kind of business or enterprise for which the license
is required;
WPC 10571 (Rev. 4/14/92) . PQ. 9
Proposed Revisions to Municipal Code
/ /),/1 - /j
B. State the place where such business or enterprise will be transacted or
carried on;
C. State the name of the owner of the business or enterprise;
D. Be signed by the applicant;
E. Shall contain, when intended as an application for a license as a
solicitor, peddler or transient merchant, the following information:
1. Physical description of applicant,
2. Complete permanent home and local address of the applicant,
3. If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship,
4. The source of supply of the goods or property or property proposed
to be sold, or orders taken for the sale thereof, where such goods
or products are located at the time such application is filed, and
the proposed method of delivery,
5. Two copies of a recent photograph of the appl icant, such picture
being approximately two inches by two inches and showing the head
and shoulders of the applicant in a clear and distinguishing manner,
6. A statement as to whether or not the appl icant has ever been
convicted of any felony and if so the nature of the offense,
7. The last cities, not to exceed three, where appl icant carried on
business immediately preceding the date of application and the
addresses from which such business was conducted in those cities,
8. At the time of filing the application, Ar//~PpJ~Jp~~J//f~~//~~
pf##~J'I/ ~j /eN / ftN ## /'IrJ./ J.M/ IMWFI/~~/ ~//W /~~~
~~iV~r/f~/$t~~PpJ~//,1F1~Y~/~/'~)y.~A~/' the Reouired FeeCs) shall
be paid to the director of finance to cover the cost of
investigation of the facts stated therein,
9. Where a written order or contract is used, the appl icant shall
attach to the application one copy of the proposed form of all such
orders or contracts to be used or submitted to purchasers or
prospective purchasers within the city,
10. At the time such application is filed, the applicant shall furnish
his fingerprints to the police department of this city.
5.02.150 Change of location permitted when-Fee.
A change of 1 ocat i on shall be allowed to the owner of any 1 i cense under
the provi s i on of thi s t itl e and Sect i on 8.20.020, upon the payment to the
director of finance ft/~~/~~/~t~~B/ArFliY~tvFl~I/pf/Av.V~1Y/fl~/~/f~t~f~
~~//~~~rJ.if~if//~/J.M//~ttt~f/IVFlFI/~Ar/~~ttfip~//~/~7/Y~~ of the Reouired
FeeCs) and upon the approval of the director of planning.
YPC 10571 (Rev. 4/14/92> - Pg. 10
Proposed Revisions to Municipal Code
! //~' ) ')' "
Iff ;- rr-'
I. , j
5.02.190 Interstate commerce identification card required when-Application-
Contents-Fee.
None of the license taxes provided for by this title and Section 8.20.020
shall be so appl ied as to occasion an undue burden upon interstate commerce
and no solicitors who are engaged in interstate commerce shall be required to
obtain a license as required herein; provided however, that all solicitors as
defined in Section 5.02.010 are required to register with the chief of police
and to obtain an identification card. Applicants for such police
identification cards shall be required to furnish an application containing
the following information:
A. Permanent home address and full local address of the applicant;
B. A brief description of the nature of the business and goods to be sold;
C. A photograph of the appl icant, taken within sixty days immediately prior
to the date of the filing of the application, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner;
D. The fingerprints of the applicant;
E. A statement as to whether or not the applicant has ever been convicted of
any crime or misdemeanor, and if so, the details in general of such
convi ct ions, and spec i fyi ng the part i cul ar crimes or mi sdemeanors
involved and the dates and places of such convictions.
N;f/# l#II##N-iVJllcfrliYrfrlWrlcflliJfI,w Nt! 1}/1/ IWt If'l't'lr~/1W IWrlrlcfrlcflllft
~~~II~~~~~fllf~~II~t~~fJ~'~II$~t~'~ftll$J~~JJ~~ The Reauired Feels) shall be
charged by the chief of police. The identification card shall be valid for
one year ftftN I~I If)! 1#/lPV'rlirfrNYl IMStiJ.JMwv.IIr,fl Ni IfrlABllfr.11Wt 11### I'P~
ft~~ftfJ~fJ'/~/t~ftllrt~tvrIVlfjjlliqvvif~v/~~/~/~1IY~~/~/~~/~/fiJf
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5.04.060 Duplicate licenses-Fee.
The director of finance shall charge ft/;f/#/~ilptft~ftfttJi/~llpr
~~II~tillr~/~v/~rl/~/~IIIVV/~/~tjtl/'ftftll$t~ftfJ~'~'I/$~t~'iJft
$J~~J~~~ the Reauired Feels) for each duplicate of a license, issued under
the provisions of this title and Section 8.20.020 which has been lost or
destroyed.
5.06.020 Downtown Improvement District Assessment.
An additional assessment is imposed upon businesses located within said
area. The additional ~~~~~~~~~ftt assessment shall be as follows:
A. Class A. Professions: accountant, anesthesiologist, architect,
appraiser, assayer, attorney, auditor, bacteriologist, chemist,
chiropodist, chiropractor, consultant, dentist, medical doctor, engineer,
electrologist, entomologist, esthetician, geologist, hypnotherapist,
WPC 10571 (Rev. 4/14/92) - Pg. 11
Proposed Revisions to Municipal Code
if) I}/ F3
:
ocul ist, optician, optometrist, osteopath, pharmacist, physical
therapist, physician, physiotherapist, psychiatrist, psychologist,
psychotherapist, podiatrist, real estate broker, real estate salesman,
roentgenologist, social worker, stock and bond broker, surgeon, surveyor,
taxidermist and veterinarian. Each professional working as a sole
practitioner shall pay ~'/.ljJf~#N-1oB/~II(l(I#IIrr6IiIIWI'fP;II#/J#
~~/~II'~/~/~~'/.t~tlf~/$~~~~~l~'/~/~j~~j~~~ the Reouired
Feels\.
B. Class B. All other businesses located within the downtown parking and
improvement area, known as the downtown business area, shall pay ~~
~~~~~t/~~vr~/~~'/.'s~~t~~'IAtII?r/~~llftlV~/f~t~t~/~/~~ifviflI'~
t~~/~~'/.t~tI1~~/$~~~~~1~'I$~~t'p~/~j~~j~~~ the Reouired Feels}.
Said additional Downtown Improvement District Assessment shall be
collected at the same time with the general business license tax.
5.08.060 Violation of Sections 5.08.030 through 5.08.050-Penalty.
A/~/pf/~llvtVYYrYv~//Jt/~/f~fY~t; It is unlawful to fail to
comply with any of the requirements of Sections 5.08.030 through 5.08.050
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YPC 10571 (Rev. 4/14192) - p&. 12
Proposed Revisions to Municipal Code
1//1 LI
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WPC 10571 (Rev. 4/14/92> .. Pg. 13
Proposed Revisions to Municipal Code
./
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5.14.030 Permit-Required for operation-Fees-Renewal.
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is granted or denied. No person shall operate a studio without first
paying a business license tax as presently designated. or as may in the
future be amended, in the Master Tax Schedule. Section 5.14.030.
B. No person shall operate a studio without paying a renewal permit tax as
presently designated, or as may in the future be amended, in the Master
Tax Schedule. Section 5.14.030.
5.14.060 Models-Permit required-Fee.
No person shall be employed as a model of a studio, required to be
1 icensed pursuant to thi s chapter, without first obtaining a permit from the
chief of police. Each application for a permit shall be accompanied by ~
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t~t~lp~1 Iffl /r/rffr'rN If#t#f I MlMW IW /!NI MWi'VV If~t I A' IWWY\)V' I~~~t~pn'
~~jt~/~/tnftJJ/~Etlat~AA/.II/YVrt/~).0)vv/~fIAW/~~~~~"/~/~~lt
t~~~t~ll~tvV/~/f'~tlllllVf/~II~~~rttlIIYi/~/~'~~'nllV~/~I-VJI~~~
~t~jpnlpf/~n~/~lt~t~ptlpflpp~lltlt~f~~ilt~~ll/~~/fln~lI
~t~II~ArVIKptt1Y'lft~~~/./~II'I~~1/~;/~/lI.VI~t/~t~IIAR~ArVIlp~t~1,
J'N711
~/J~/J~P ~'/.t~p~'pnt/~plptplltlp~tl
1~~1 ,M-,4V;1).0,4tN N? /tnltl ~I lit/trY I/1N'; MmW 11<11 M'il NI11iWW Ipp~t~~~~
~i/ M'il ~ Nt l!-tft/1tPPf!-ft!-},P/1! ~I NrlcfrtV 11~rtl !J/Jt/l~/JIo#MN kfl /Wrt Ipp~lU
p~lll~l~tltp~~lttlpnlpf/~n~/t~~~~1
5.20.040 license-Initial issuance procedure.
Except for existing licensees as set forth in Section 5.20.030, all
applicants for available licenses shall comply with the provisions of this
chapter. Any applicants requesting a license as permitted in Section 5.20.030
shall pay a nonrefundable frtl/I /?11 l"f#/#7oi/ 1(lI/ir"#'1I/<I' I ~ I MI l'/lti I /W IIN
flj.'1lj.trt/~/~~~n~~~'II~/I#I~tirl/tlf~/$t~~~pl~'/t,7Etrft/Yrtrl/~/.~/.~ft~!, Reouired
Feels} to cover the cost of investigation. No applicant requesting a license
pursuant to this section may have any financial or other interest as set forth
in Section 5.20.035 in any other application being submitted to obtain a
cardroom 1 i cense. Each appl i cat ion shall be totally independent and
unassociated with any other appl ication being submitted for the purpose of
obtai ni ng such a 1 i cense. The i ni t ia 1 peri od for issuance of new cardroom
licenses shall be the month of May, 1977, and in the month of May in
subsequent years shoul d there be addi t i ona 1 1 i censes avail abl e. After the
termination of the open period in May, no further 1 icenses shall be issued
until the succeeding open period. In the event that there are applications in
excess of the number of licenses available in accordance with the limitations
set forth in Section 5.20.030, based upon population, the director of public
safety shall conduct a public lottery to select those applicants who shall be
investigated to determine if they are qualified to be issued any available
WPC 10571 (Rev. 4/14/9Z) - Pg. 19
Proposed Revisfons to Municipal Code
;1 .C ,) )
I L' / / .7'-
cardroom 1 icenses as approved by the director of publ ic safety, subject to
ratification of the city council. Upon the issuance of available cardroom
1 icenses, the di rector of publ i c safety shall authori ze the refund of any
application fee to any persons who were not subject to investigations.
5.20.070 Work permits required-Application contents-Investigation fee-
Issuance-Period of validity.
A. The manager of a cardroom, if he is other than the person or persons
whose names appear on the appl ication for the cardroom 1 icense, must
obtain a work permit from the chief of police. He shall submit his
application for such work permit to the chief of police, which
appl ication shall be under oath and shall include, among other things,
the past criminal record, if any, of the applicant and shall be
accompanied by the fingerprints of the applicant. An application for a
manager work permit shall be accompanied by ;'1 f#l /rtrI 1;'1 t~1 Iff/fllM
pf~~~~tli/~~II~/;.~/~II~/t~~/f~AlAt~/;.~~~~~~/~IV~~/~;.~t~f
'~~II$t~~~~J~JII$~~tj~~II~/~~/~7~ the ReQuired Feelsl or the ReQuired
renewal Feels\. The work permit, when issued, shall be val id for one
year. The chief of police may deny such work permit, if, in his opinion,
the applicant therefor should not be permitted to act as manager in lieu
of management by the licensee of the cardroom.
B. Emp 1 oyees in card rooms must obta i n a work permi t from the chi ef of
police. Applications for such work permits shall be submitted under oath
and contain such information as may be deemed by the chief of pol ice to
be necessary to determine whether the applicant is a proper person to be
employed in a cardroom. The chief of pol ice may deny such work permit
if, in his opinion, the applicant therefor should not be permitted to be
employed in a cardroom. Each appl ication for a work permit shall be
accompani ed by ftl IW~I I PlI /r/WWtv I f#/.I It'! I #.el..kN/lffl 1r;~'I'IrJrt.;.t~r;1 1#'//#
FiftH 1'Irt.1 ~~ I tfNW# I #I 1/i#N## I'I~I IW'i1 MifWiN I flY.1 1!>/:N.NJl./=/'1 /$#n~~
~J~~J~7~ the ReQuired Feelsl. or the ReQuired renewal Feelsl. Such
permits shall be valid for one year.
5.26.030 License-Application and investigation fee required.
A. All applications for licenses to be issued pursuant to this chapter shall
be filed with the clerk of the city and shall be accompanied by ft~ the
Reouired investigation fEeelll ft~/;WrlirtrNW/~~II~fINiIJrMI/j~
t~~/'~t~f~/~~/ftFi~~~~~Jlj~/t~~/~ft~t~fIF~~/$~~~~~l~JI$~ttlp~/~J~~J~~~.
B. Applications for licenses under this chapter shall be on such forms as
shall be prescribed by the city clerk and shall be in duplicate, and
shall set forth in addition to other things the name of the person to
have direct management of the premises, the post office address of the
appl icant and the name of the real person in interest, and the name of
the owner of the premi ses upon wh i ch the bus i ness 1 i censed is to be
carried on.
C. All applications for licenses shall be sworn to by the applicant.
WPC 10571 (Rev. 4/14/92> - P;. 20
Proposed Revisions to Municipal Code
/ j//;J~ J-
5.35.105 Annual license Applications and Taxes.
A. An appl ication for operating a bathhouse must be submitted annually, and
shall be accompanied by ~ ~ non-refunable Reouired fEeeiil ~~
pt~~~ntll/~/pr/~/A;t.Y/fln/~/f~t~t~/~/~~~P~~~/fllV~f/~~~t~t
1AA///$t~~p~l~l///$~~t'~~///~I1~/Y~~1 to defray the costs of an
invest igat i on. No person shall operate a bathhouse wi thout fi rst paying
a business 1 icense tax as presently designated, or as may in the future
be amended, in the Master ,~~ lAx Schedule, Section 5.35.105.
B. No person shall operate a bathhouse without paying a renewal license tax
as presently designated, or may in the future be amended, in the Master
Tax Schedule, Section 5.35.105.
5.36.080 license-Application-Investigation fee required.
Any person des i ri ng to obtai n a 1 i cense to operate a massage
establishment shall make an application to the city manager. A nonrefundable
ReQuired fEeel1l ~~//pt~~~ntll//p~~,gn~t~pl//pt//~~//~~I//'n//t~~//f~t~t~//~~
~rf##~I/fllV~/V#'Nt/lAA/mtrIrNWl/$~~'tl#//J/.~#~~/' to cover the cost of
an investigation, shall accompany the submission of each application. The fee
required by this section shall not be required for an application to renew a
license granted pursuant to this chapter; provided however, any establishment
licensed prior to the effective date of this chapter which was not subject to
investigation and report by the chief of police shall be required to pay said
fee and said investigation shall be undertaken at the time a license renewal
is requested. Said application t# fee shall be in addition to any license
tax, permit or fee required under any provisions of this code.
5.36.090 Technician-Permit-Application-Investigation fee.
Any person desiring to obtain a permit to act as a massage technician
shall make an application to the city manager. A nonrefundable ReQuired
fEeel1l ~~/~/p#flnn##l//rIv//cW/~i//Yp/M#/f#p.f#/'P~/~I/fln
't'#/~/'f~~/I>tf.,e/#.#//W9't/Yrfrl/Y,I7#'IJ~'IJ shall accompany the submission of
each application to cover the costs of the investigation. A permit to act as
a massage techni ci an does not authori ze the ope rat i on of a massage
establ ishment. Any person obtaining a permit to act as a massage technician
who desires to operate a massage establishment must separately apply for a
1 icense therefor. A person who appl i es for a 1 i cense to operate a massage
establishment and who desires to act as a massage technician within said
massage establishment who pays the fees and taxes required by Sectionl
5.36.080 and 5.36.081 of this chapter shall not be required to pay the fee
required by this section. ~i//;~r~~~//VVVVtvYVg//cW/A//~~~~n~//'t~~~~l~l~~
pt,pt/~/t~~/~/P~t~/~/t~,~/~/~~~t/~/t~'ttl/~/~ft~t
~#~~tl/ ~/,/ MW /9W9'YV /1-/#ttv.U.w tWW'YI7W!tIi /t~,t/ M#/ii# /itW /rIr/rIoVYY /'1f,t~
~ll/pt~~t/ptpl't'pnt/pf/t~'t/t~~pt~tJ
5.36.160 Change of location-Fee required.
A change of location of a licensed massage establishment may be approved
by the city manager provided all applicable provisions of this code are
WPC 10571 (Rev. 4/14/92) - Pg. 21
Proposed Revisions to Municipal Code
) t~'7"'~.) J
complied with and a change of location ~//~Afi/~t~t~~tll/~~/~/~t
~#/ / /IN / tWt / /fl/.Wtv/ /'#/ /~.; / /YrI / /ty.~/ /J'oMW/ / ## / /'ir/Wrfi/Yvl / /$#tjp;.
JJ~~J1~~ Reouired Feels} has been paid to city, to cover the costs of
investigation.
5.36.170 Sale or transfer of business-Effect-Fee for transfer of interest.
A. Upon the sale or transfer of any interest in a massage establishment, the
permit and 1 icense shall be null and void. A new appl ication shall be
made by any person, firm or entity desiring to own or operate the massage
establ ishment. N tWt /1t/UM,eN/lIJ/ /rfrliYrfrltrlrlrfl /pt/ MI Ntf njJf M4t /fl/.tWv
~~/~I/j;./M4t/~~tt~t/f~/$~Y.~p~1~1/~/JJ~~J17~ The Reauired
Feels} shall be payable for each such application involving sale ar ather
transfer of any interest in an existing massage establishment. The
provisions of Section 5.36.100 of this chapter shall apply to any person,
firm or entity applying for a massage establ ishment permit for premises
previously used as such establishment.
B. Any such sale or transfer of any interests in an existing massage
establishment or any application for an extension of the building or
other place of business of the massage establishment, shall require
inspection and shall require compliance with Section 5.36.110 of this
chapter.
5.38.030 License-Permit prerequisite-Investigation fee-Application-Contents
required.
A. No 1 i cense shall be issued to any pawnbroker, junk or secondhand dealer
in the city as defined herein pursuant to the provisions contained in
Section 5.38.010 without the written approval and a permit therefor
having been obtained from the chief of police. The chief of police shall
charge a nonrefundable Reauired tEeeiil ~//pt~~~;.tli//~~t's~1t~~I//pt
~t/~/j;./tWt/t~t~t~/~/~~~;.p~~I/~/tY.~/~/f~~/~I/$~~tjp;.
JJ~~J~~~I to cover the cost of investigating the applicant. Every
person wi shi ng to engage in the bus i ness of pawnbroker or junk or
secondhand dealer shall file an appl icaton for a permit, signed by the
appl icant, with the chief of pol ice, and the appl ication shall show the
following information:
1. Permanent home address and full local address of applicant;
2. A brief description of the nature of the business and goods to be
sold;
3. A photograph of the appl icant, taken within sixty days invnediately
prior to the date of the filing of the application, which picture
sha 11 be two inches by two inches, showi ng the head and shoul ders
of the applicant in a clear and distinguishing manner;
4. The fingerprints of the applicant;
5. A statement as to whether or not the appl icant has ever been
convicted of any offense involving stolen property, and if so, the
WPC 10571 (Rey. 4/14/92> - Pg. 22
Proposed Reyisions to Municipal Code ) 1//---1 " .J 1 J
, / 7
detail s in general of such convictions,
particular crimes or misdemeanors involved and
of such convictions.
and specifying the
the dates and places
B. In the event that the chief of police, upon investigation, should
determine that the issuance of such a permit to the appl icant would be
detrimental to the public health, safety, and general welfare of the
city, either because of the moral character of the appl icant or the
creation of a pol icing problem as a result of the establ ishment of a
pawnshop or junk or secondhand shop in a particular location, or showing
that an increase in the number of pawnshops or junk or secondhand shops
over and above the existing number within the city would be detrimental
to the publ ic health, safety and general welfare, said findings shall be
prepared in writing and del ivered to the appl icant. The appl icant may,
upon receipt of such notice of denial, appeal such denial to the city
council within ten days of the receipt of the denial, by filing a notice
of appeal with the city clerk of the city. The council shall set the
matter of the deni a 1 for heari ng in the same manner as set forth in
Sections 5.38.210 and 5.38.220 of this chapter.
5.38.120 Pawnshop-Employee identification card required.
Every person who is to be employed by the owner of the pawnshop in the
conduct of the business shall first file an application for an identification
card signed by the applicant with the chief of police. The application shall
show the following information:
A. Permanent home address and full local address of the applicant;
B. A photograph of the applicant, taken within sixty days immediately prior
to the date of the filing of the application, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner;
C. The fingerprints of the applicant;
D. A statement as to whether or not the applicant has ever been convicted of
any offense involving stolen property, and if so, the details in general
of such convictions, and specifying the particular crimes or misdemeanors
involved and the dates and places of such convictions.
No person carrying on the business of a pawnbroker shall employ anyone
who has not received such a police identification card and such identification
card shall not be issued if the appl icant has been convicted of a crime
involving stolen property. A nonrefundable Reauired ffeeiil ~~//~~,~,~rri
~~~!g~~~~~I/At//?i/~ti/~IV~/f~r~~'/>>ft/~I/~/~~~/~/~VV/$t~~~~1~1
$~t~!p~/~J~~Jl~~1 shall be charged for such identification card.
5.40.010 Owning taxable property in city-license fee.
Every peddler, solicitor or transient merchant who owns real or personal
property located within the city used primarily for the business for which
license application is made and which property is on the tax rolls of the city
or is subject to such tax at i on, or who is an agent or representative of a
person who owns property located within the city used primarily for the
business for which license application is made and which property is on the
WPC 10571 (Rev. 4/14/92) - Pg. 23
Proposed Revisions to Municipal Code
/;;0 :;2S
tax rolls of the city or is subject to such taxation shall pay a license tax
as presently designated, or as may in the future be amended, in the Master
y~~ Tax Schedule, Section 5.40.010.
5.48.060 license-Investigation of applicant-Issuance-Fees and Taxes-
Agreement required.
The finance officer shall notify the chief of police of the filing of the
application and the chief of police may make, or cause to be made, an
examination or investigation of the statements put forth in such application,
or of the applicant and his affairs, in relation to the proposed closing-out
sale. If the chief of police finds that the statements in the application are
true, that the advertising to be used is not false, deceptive or misleading in
any respect, and that the proposed methods of conducting the sale are not such
as, in the opinion of the chief of police, would work a fraud or
misrepresentation on the purchaser, then the chief of police shall approve the
appl icat i on and the fi nance offi cer shall issue a 1 i cense to conduct such a
sale in accordance with the provisions of this chapter; otherwise the chief of
police shall disapprove the application. No application for such license
shall be accepted by the finance officer unless accompanied by a nonrefundable
ReQuired filing fEeei1l ~t/~~/~fifi~AA/.llprlAr.t/~81IYp/~/fptPt~
~~II~/IIY~llt~/~IIP~~II$t~~~/'II~II~/'~/~~~. Provided
further, that whenever the goods, wares or merchandise is to be sold at public
auction and is a stock of jewelry, then in that event the application required
in this chapter shall be accompanied by a tax in an amount as presently
designated, or as may in the future be amended, in the Master Tax Schedule,
Section 5.48.060. At the time of delivery of such license, the licensee shall
sign the foll owi ng agreement to be witnessed by the fi nance offi cer or hi s
deputy:
"The above license is accepted by the undersigned upon the condition that
licensee agrees to comply with, and abide by, all the provisions of Chapter
5.48 of the Code of the City of Chula Vista, California."
5.56.100 Violation-Penalty.
'/.'!~fi ,It is unl awful for anv person, fi rm or corporat i on which sell s
or deals in tobacco or any preparation thereof, including the owners or
lessees of the premises designated in Section 5.56.080/llpfipJ~~9 to
intentionallv fail to comelv with any of the provisions of this chapter It
g~ntil MI I~I ,ny\~/'/ Nlir!1 pt,pN Nrfrtv'YrNYrlrt It~##1 I~m 1'#1 ~ Itpt
t'#I,.fMMI l;,ff,~#1 Jt:/I I~I tf/lfoN NY I NW /Yv# I tMN /Wf/rIWffWv I1WJ/J.ff,1 #IrI IFtPt~
t~~~/~/~~~~f~~/~/pf/~/IFtPflf,p~Ft~~t/~/~pt/~/t~~~/~/p~if,t
#~I !NI ~ /'Nr/rN~ NYYv#v /,pi I .AI tfN*' Ir/f llip,; /1 ~#I AA8N tfMMI N'r/VWv't Npr IFtPf~
t~#1 Mtti fI#pr!rvr!1 MJ,J,/JtN frtrI l'Pi I ~ Iftlr I NW /r1.WrI I t'/i~N,.tMtrW Ip#f,t
~~pllfW/~/f,p>>f,~AP~~tllpYYvlitv/~/.AlIYf~~/AtVINWI1~ttllVV~/~/~~~~f~p
ppll~ff,/~/lip';/~tAlIVV~/t~r~~/~~/r!tlYY~rtIAtI/VflfiAPtfif,p~~~t/~I~pt
l~f,f,/~/~I~~ti/~/~pf/~/t~ft~/f.Iv.1/FtP~t~f,'lftntl'Pi/~/f,~~~/~/ft~~
IFtpfj#~Ft~#.
5.64.040 Violations-Civil fines, injunctions.
A. l'/i~III~t~~tlp~~lll~lp'fttlp~llptll$~~tlp~II~J%~J~~~IIIf,Ilp~~If,~~'P'~II~f,II~~
l~ffft~tlp~lltrtif/~/tpA*fittfipNlt~'r';,f'IAtfIAVI'fi~~llpY/~/J,~1t~ft~
t~~~tilfI1~/ppllftrf,/~pfIFtPr~/t~ft~/fI1~/~~~~r~p/~pllftrf,J
WPC 10571 (Rev. 4/14/92) - Pg. 24
Proposed Revisions to Municipal Code
. / 1//) '.01 {
It is unlawful to intentionallv violate the crovisions of Section
5.64.030.
B. Failure to have a clearly readable price indicated on twelve units of the
same item of the same commodity shall constitute a presumption of intent
to violate Section 5.64.030.
C. Every additional twelve units of the same item that fail to have a price
indicated on them shall constitute a presumption of intent to violate
Section 5.64.030.
D. Each day that a violation continues shall also constitute a separate
violation after notification thereof to the manager or assistant manager
of the retai 1 grocery store or the grocery department of the general
retail merchandise store and shall constitute a presumption of intent to
violate Section 5.64.030.
E. Any person may bring an action to enjoin a violation of Section 5.64.030.
6.02.010 Keeping certain animals prohibited-Special permits.
A. The keeping of animals, birds, fowls or rabbits not expressly permitted
by Chapters 6.04 and 6.08 is prohibited unless a special permit is
obtained.
B. Special Permits. Special permits may be granted for the maintenance of
animals not in strict conformance with the provisions of this title
duri ng speci a 1 events for a peri od of not more than two months if the
rjfr#'trj'l//rIf/t#/iNl/#f#/t Chief of Police makes a finding that the
public health and welfare will not be endangered thereby and such animals
shall be kept in a manner consistent with the conditions imposed, if any,
in such special permit and within the scope thereof.
6.02.020 Enforcement authority.
It shall be the duty of the ~~pJ~~//rj~p~r't~~~'t Chief of Police to
enforce all the provisions of ~~pr~r~/~/.~ft/~/~/~~//~ftt~/~/,~~~p'tfpp/pf
$~~~fp~/ftr~~I//1~/~/~~/~/p~~i/ftrV/'t~~/~/'tp/~/'t~~
Pfp,!j#p~~//rIf/~/~/.~ft/.~;.~//'tv.r#gv./ftrm/-Yl!t/M4I/~/P~Jnp Title 6 of
this MuniciDal Code. Accordina to the Drovisions of the California Penal Code
Section 830.9. the animal control officers of the citv mav exercise desianated
Dowers of arrest.
6.12.020 Pound established-Maintenance.
There is establ i shed a city pound for impounding estrays and dogs, and
the same shall be maintained in the city in a place to be selected by the
PP~~p~p~'t~'I Chief of Police and approved by the council.
VPC 10571 (Rev. 4/14/92> - Pg. 25
Proposed Revisions to Municipal Code
/l')/} ',2 7
6.12.030 Impoundment-Procedure generally-Sale of animals authorized when-
Procedure.
Whenever the "'P~;'P;.j.## Chief of Pol ice of the city shall discover or
be notified that' any animal or animals enumerated in Section 6.04.010 are
running at large, grazing, pasturing, injuring trees or staked or fastened in
any manner prohibited by this chapter, it shall be his duty and he is directed
to immediately cause such animal or animals to be picked up 'Pi/NItt/'/.p~;.'/.i
f.;.!;.j.l/ ~Mt/ /rIV /1.'#/ ~ /rNrt'ir/r/ /7#/#1 and p 1 aceQ in a su i tab 1 e corral
or enclosure for safekeeping.
6.12.040 Impoundment-Fees and charges.
Standard fees charged by the County Animal Shelter or County Humane
Society for impoundment and boarding of animals shall be lawful charges
against the owner or owners or persons in charge of such animals. The agency
furnishing services or board shall be entitled to a lien upon the animals for
payment '/.~~t~pf of the Reouired Feels).
6.12.045 Disposition of unclaimed dogs-Notice of owner.
Every ,Ips animal impounded under this chapter shall be destroyed, sold
at private sale, or given away by the "'P~;'P;.#'/.~t Chief of Police if not
claimed and taken away by the owner, and if an impounding fee plus a fee for
boarding and keeping such ,IPS animal is not paid within three working
days. It shall be the duty of the pf,/!/t/Jf//rl'#Y4t Chief of Police within
twenty-four hours to attempt to notify personally or by mail the owner of any
dog bearing the metal tag or plate mentioned in Section 6.20.060. Any oerson
ourchasinQ a dOQ or cat shall oay the ReQuired Fees.
6.12.060 RelinQuishment of dOQS and cats by owner: Fees
Residents of the City of Chula Vista may relinQuish dOQS and cats to the
city uoon oayment of the Reauired Fees. Non-residents of the Citv of Chula
Vista may relinauish doas and cats to the city. oroYidinQ such relinauishment
is done at the city animal shelter. uoon oayment of the Reauired Fees.
6.16.030 Disposal-Duty of owner of animal.
It is the duty of the owner of a dead animal to dispose of such dead
animal by means of the services of a licensed veterinarian, the animal
t~s~l#!p;. control officer of the city, or other persons 1 icensed to engage
in the work of disposing of dead animals.
6.16.050 Disposal-Authority of animal t~g~lj.'/.'p;. control officer.
In the event a dead animal is deposited or allowed to remain upon
premises in violation of Section 6.16.020 and the animal t~s~l#!p;. control
offi cer determi nes that in the interest of protect i ng the publ i c health the
city should forthwith cause the removal and disposal of said dead animal, the
WPC 10571 (Rev. 4/14/92) . P~. 26
Proposed Revisions to Municipal Code
/ !)/},~ 2{.
animal t~gpl~~I~~ control officer may act to remove and dispose of said
dead animal. Further, the animal t~gpl~~I~~ control officer is authorized
to dispose of dead animals as requested pursuant to Section 6.16.030.
6.20.030 Application required-Procedure-Transfer licensing procedures.
A. A separate application shall be made for each dog. The application shall
be made on the form provided by the finance officer and shall be filed
with the finance officer. If a dog is acquired by the owner or is
brought into the city or reaches the age of four months, the owner shall
apply for a license within thirty days thereafter.
B. It is declared to be the intent of this chapter to apply the licensing
requirements to all dogs brought into the city except those accompanying
visitors or tourists who do not stay within the city more than thirty
days. A dog having a license issued by another legislative authority
elsewhere in the state of California, and which has been vaccinated with
i ~MNNY;I/'/ vaccine aDDroved for declared rabies areas bv the State
of Cal iforni a and the immuni zat i on peri od therefor has not expi red, may
upon application of its owner be issued a transfer license good for the
remainder of the year upon payment of the Reauired fil ing fEeelll ~f,
pt~f,~~~li/~fl~/~/~'//~~ilfllV~/fl/rl/vv/~~/~/~~v/~~f,~~t
'#lI'/~vrJifYv. The appl icant for such 1 icense shall surrender to the
finance officer the out-of-city license and evidence of vaccination. The
penalties provided in this chapter shall not apply to a 1 icense issued
under the provisions of this section.
C. Whenever the ownership of a dog has changed, the new owner may secure a
transfer of 1 icense to him by endorsement on the records of the finance
officer upon the payment of ~ the Reauired transfer fEeelll ~f,
pt~f,~~~li/~fl~/~/~'//~~ilfllV~/fl/rl/vv/~~/~/~~v/~~f,~~t
f~~IIf,t~~~pl~ and the presentation to the finance officer of the
original receipt endorsed by the original licensee as a transferrer.
D. Proof of vaccination against rabies, which vaccination is required in
compliance with the provisions of this code and the Health and Safety
Code of the state of California, shall be a condition precedent to the
licensing of any dog under the provisions of this chapter, and the
certificate of vaccination which is required by said codes may serve as
proof of vacci nat i on. No 1 i cense may be issued under the provi sions of
this chapter unless the certificate of vaccination shows that the
effective duration of such vaccination shall be for a period of at least
eleven months beyond the beginning of the year for which the license is
issued in the case of one-year 1 icenses, ~~~ for at least twenty-three
months beyond the beginning of the two-year period for which a license is
issued in the case of two-year 1 i censes. and for at 1 east thi rtv-fi ve
months bevond the beainnina of the three-vear Deriod for which a license
is issued in the case of a three-vear license.
E. When any dog owner presents evidence that a previously 1 icensed dog is
deceased or executes a declaration under penalty of perjury of such a
fact, said owner may secure a transfer of the license previously issued
to such an animal to a newly acquired dog for the balance of the license
period upon the payment of ~ the Reauired fFeelll ~f,llpf~f,~fitJil
WPC 10571 (Rev. 4/14/92) - Pg. 27
Proposed Revisions to Municipal Code
/0,/7 -021
~~~!g~~t~~JII~vl/cr.t/~II!~/lrVv/~/~/~~~~~~~JIIY~/~/~llf~~
~~~~~~l~ and the presentation to the finance officer of proof of
vaccination against rabies. The finance officer shall note on the
original application the name and description of the animal to which the
license has been transferred.
6.20.040 Fee-Schedule.'
The license fee for dogs shall be the Reouired Fee(s) ~II'I'I;'/;';:tri
~~~!g~~t~~J/~t/~~/~~I/~~/!~/t~~/f~t~t~/~~~~~~~JI!~/t~~1~~~t~tlf~~/~~~~~~l~.
Any dog 1 icense tag issued pursuant to thi s section shall be issued for
one-ha 1f of the fees 1 i sted in the master fee schedu1 e for any dog if a
certificate or affidavit is presented from a 1 icensed veterinarian that said
dog has been spayed or neutered.
6.20.050 Penalty for late application or payment.
~ The Reouired penalty Fee(s) )j.flVvv'ivrtWlljJ,eM~II~tlfjf/~//P~
hV IWv IIAt/JtN 11-'t<~r4~t/./ I m mw frN'iWv 11#/ 1#)i~t/.iI;r~ shall be added to the
1 icense fee if app 1 icat i on or payment is made subsequent to thi rty days from
the date on which the dog is required to be licensed under this chapter. The
time of application or payment shall be determined as follows:
If made by deposit with the United States mail, addressed to the finance
officer, and postage prepaid, the postmark, or if none, the postage meter
imprint, shall be conclusive; otherwise the time of actual receipt by the
finance officer shall be conclusive. This penalty shall not be added if the
dog to be licensed has been in the applicant's possession in the city less
than thirty days.
6.20.060 Tag and receipt issuance-Tag to be worn by dog-Rep1acement-Fee.
A. A numbered receipt bearing a brief description of a licensed dog and a
correspondi ng1y numbered 1 i cense tag shall be issued with each 1 i cense
granted. The numbered license tag shall be firmly attached by the
1 i censee to the coll ar or harness of the dog for whi ch issued, except
when the dog is securely confined on or within the premises of the
owner. No 1 icensee, or any other person, shall attach, or permit to be
attached, such a tag to the collar or harness of, or otherwise cause such
tag to be worn or carri ed by, any dog other than the dog for whi ch such
tag was issued.
'1>1 N ilriM'V 1f,)tJllrfYffWYrfrj I !t/J1rV IWrII tA/J,iJllAtII'#ril M4'!)1/ I~~I AWM' l'IrJl # I~~g
,t~~p'l~~/ft~~/'I~~/t~~!t~~~~'I/~f/~~~~!~~'I!~~/~II$~~'I!~~I~J~'I>J~~~J
C. Whenever a license tag has been lost or destroyed, a new receipt and tag,
expiring on the same date as the original, may be issued for the same dog
on the payment of ~ the Reouired replacement fIeel1l ~~II;t~~~~'I;r1
~~~!g~~'I~~JII~vl/cr.t/~II!~llrvv/~/~/~~~~~~~JIIY~/~/~llf~~
#~~~,lU.
WPC 10571 (Rev. 4/14/92> - Pg. 28
Proposed Revisions to Municipal Code
/t//) :3{)
6.20.070 Fee-Exemptions permitted when.
A. Seeing-eye dogs. siGnal doas. and service dOGs. as defined bv the
Cal ifornia Civil Code. and dogs which have served with the armed forces
of the Uni ted States of Ameri ca duri ng any period of actual host il it ies
must be licensed and vaccinated under the provisions of this code, but
their owners shall be exempt from the license fee imposed by this chapter.
B. Dogs used on farms for the primary purpose of herdi ng livestock must be
licensed and vaccinated under the provisions of this code, but their
owners shall be exempt from the license fee imposed by this chapter. To
qualify for the exemption in this subsection, the owner must furnish an
affidavit or declaration under penalty of perjury on blanks furnished by
the tax collector that his dog is necessary for herding livestock and is
used primarily far that purpose.
C. Dogs used by any governmental agency for the purpose of 1 aw enforcement
must be 1 i censed and vacci nated under the provi s ions of thi s code, but
their owners shall be exempt from the license f~e imposed by this chapter.
_J~~J~~~ ~~~~I~~~I~~/~~~~I~~~l~/~~~t~/F~~J
'I>#~/A#tNW/o/W,wy IfY'Ir/IY# ~M4I Itr/ I':'J'.~/I-M)~ ~ /V(t/YrI'IIY.l!~U.'
~p~p~t~~pl/cYV/~~~/~/Y!~~~/~/'I>~~l~~f/~/t~~/~/l~~~p~i/~/~~t~
~p~t~'I/Vv~vv~/~/~AtA/lpfllr/~vIAtIVII~/t~t~~llp/~lll~vll~/!ptll~~!p
'I#n~#!pfi/ /IA/ tf>lAAW N'IW'rfYr~Wrl/#1 pMI ~II IW 1~~/p~Jp.1 MI ~ Nr/i,I~'(y' Ipf
'1>#1 ~ Irr/ 1 t.6frl"ejIj,N-N /feN It'#1 ,.(;.QW NY 1 MMtM.et!l1 /'IVVYrr/V'l 1 #IN ~ It~
~~/pfp'l!p~p/~ilt~~/p~p~ft~~~tlpf/~~~'t~/pflt~~/tp~~tilpfl'l>~~/~!~gpJ
9.06.050 Alarm user's permit.
A. No person shall install, or cause to be installed, use, maintain, or
possess an alarm system on any business or residence owned or in the
possession or control of such person within the city without first having
obtained an alarm user's permit from the Issuing Officer. The Issuing
Officer shall prescribe the form of the appl ication and request such
information as is necessary to evaluate and act upon the permit
appl ication. ,. The Reauired non-refundabl e ff.ee !~I 1 ~ 1 l#Jp~~t
~~t~~l!~~~pll>>illt~/~tQll~/ftr.fllVvi~Y~llr~ll~v/~~'I':~fIIF~~
'I>~~~p~l~ shall accompany each application.
B. The permit application as required under subsection A of this section
sha 11 state:
1. The number of alarm systems and specific purpose for which the.
alarm system or systems shall be used;
2. The alarm user's name;
3. The address of the premi ses in or upon whi ch the al arm system has
been or will be installed;
4. User telephone number;
WPC 10571 (Rev. 4/14/92) - Pg. 29
Proposed Revisions to Municipal Code
J!)/J~~/
5. The alarm business operator or operators selling, installing,
monitoring, inspecting, responding to and/or maintaining the alarm
system; and,
6. The name and telephone number of at least two persons who can be
reached at any time, day or night and who are authorized to respond
to an alarm signal and who can open the premises in which the
system is installed.
C. An alarm permit shall be valid for twenty-four (24) months, but a
separate permit shall be obtained for each separate business, separate
place of business, change of ownership or change of type of permit.
D. Where an alarm system is in operation prior to the effective date of the
ordinance codified in this chapter, the alarm user shall be responsible
for contacting the issuing officer and obtaining a permit within ninety
days after the effective date of the ordinance codified in this chapter.
E. If such alarm business or agent uses an alarm system to protect its
premises, it shall obtain a user permit as required in this section.
9.06.130 False alarm penalty assessment.
A. When any emergency alarms, messages, signals, or notices are received by
the Pol ice Department showi ng that an alarm user has failed to meet any
of the requirements of this chapter, the Issuing Officer is authorized to
demand that the user of that alarm system disconnect the system until it
is made to comply with the requirements.
B. Any person having an alarm system which results in a police response in
which the alarm proves to be a false alarm, shall pay ~ the Reauired
pena 1 ty as sessment ff.eelll tpIIWv I ~I I IN I~v I MriNW I Mt,8/J~/If,AW I~i
JIW If-!t'll /fIr/Wr/YV I MI IfMpJl1tJpN Ifr.1 M# I fWMtl IY#I I'#WrNYv for each
false alarm, message or signal in excess of two activations in any twelve
(12) month period.
C. The Issuing Officer shall cause to be issued a monthly bill for the
unpaid fees accrued during any monthly billing period and any prior
periods. Such bill shall be due and payable within thirty (30) days of
the billing date.
D. A late fee of fifteen (15%) percent of the fal se alarm assessment shall
be added to the unpaid balance of any assessments required by this setion
not paid within thirty (30) days of the billing date.
E. The amount of any penalty assessment fee and late fee assessed pursuant
to this Section shall be deemed a debt to the City, and an action may be
commenced by the Issuing Officer in the name of the City in any court of
competent jurisdiction in the amount of the delinquent debt. Payment of
any penalty assessment fees and late charges shall not prohibit criminal
prosecution for the violation of any provisions of this chapter.
WPC 10571 (Rev. 4/14/92) - Pg. 30
Proposed Revisions to Municipal Code
i /i /J -7_}
/ ;//1 !'
,I t/ . --~-...
9.11.040 Application.
Application for license shall be made to the Chief on forms prescribed by
the Chief. The Chief shall have a reasonable time in which to investigate the
application and backgraund of the applicant. The application shall be
accompanied by ~ the Required fEeelll for canducting an investigation
#/ Mt/ I#'MY IW /~V/Y.#t~f/ 1#1 ~ /ti /rr/t~ff~~tl'l/ MAf,#/ #'/ lriU /rp./t~~
!~A(/~~/I~v~rlvrI. The application for fraternal gameroom license shall
contain at a minimum the following names and addresses:
A. Gameroom manager/supervisor. The person(s) who will be responsible for
supervising the games.
B. Leadership of the Society, including officers and Board of Directors.
C.
Those persans who may
including landlords,
fixtures, or equipment.
have a financial interest in the organization,
lessors, lessees, owner(s) of the building,
10.24.140 Curb painting-Red authorized for certain driveway areas when.
A. Vehi cl es parked adjacent to pri vate dri veways, in some cases, create
hazardous obstructions to the 1 ine of sight of motorists entering and
exiting from such driveways.
B. It is the purpose and intent of the council to mitigage the dangers
arising from the inability to observe approaching vehicles, especially on
heavily trafficked streets, by providing red curb clearance adjacent to
such driveways. Such red curb shall be authorized only when the
narrowness of the driveway, or the nature and volume of the traffic an
the street into which the driveway allows vehicles to pass, combined with
the regular parking of vehicles adjacent to the driveway, indicate a need
to maintain sight clearance adjacent to the driveway.
C. Upon appl i cat i on by the property owner or occupant and Davment of the
Reauired Feels), the city engineer may cause to be painted or repainted a
red curb for a minimum distance of eighteen inches on each side of a
driveway to a maximum distance as determined by the city engineer.
10.56.300 Permits or Tags-Cost-Period of validity-Prorating permitted when.
Said parking permits shall be sold to cover a calendar quarter of three
months duration only, for the Reauired Fee(s), ;~~//t1/~//~/V/t~
~~'I~~t//y~~//~t~~p.pJ~. Said tags may be obtained at the city finance
office. Appl icants must be merchants or employees of merchants owning or
operating businesses within the Downtown Business Area. Applicants may
request a proration of the quarterly fee if they are puchasing permit for the
balance of the calendar quarter, and such proration shall be made at the sole
discretion of the finance officer and no other proration shall be allowed.
For employees assigned at City Hall, permits may be obtained from the Director
of Personnel for parking in the adjacent employee parking lot.
WPC 10571 (Rev. 4/14/92) - Pg. 31
Proposed Revisions to Municipal Code
Jt>? <~;
10.60.020 Curb loading zone-Permit fees.
Applicants for a curb loading zone permit shall pay the Reauired
ffee(s)'//ti/~~!I//~~'I,g~t~~~/An1/~//~~i/~//IIV/t~~/~V/~J/!~
t~~/~~~1~t/f~~/~t~~~~,~.
10.72.050 License-Application-Fee.
Application for a bicycle license and license plate or license indicia
furni shed by the state shall be made upon a form provided by the city and
retained by the chief of police and shall be accomDanied bv the Reauired
Feel sl. N /Yrr/rlrl'trI /f#/ ~ /~~~/ M1J1M'/ /frlffl /IJAI AitW /In/ ~ /'/P/ Me! /rtYW
~#pt~/ ANi/ /Nr/tI/lJ#n#/ tW /rJrtrlWrII / /Uf#tJ#/ ~ /'1/ / ~,~/,/ /m /'P##U
l!#~#~/ Io4W ~~/ t~/ / /VrtrlrNtW /)/# tWWY /Nt/ tW'~ /#~H/ MN Mim /~~
!~p!ttt~p/ftr.r/~/~/~t!t~~t/~/p~t~"~l/~/t~p/~/pt/~/t~~
'!~~~~~J///~~//t~~~~p~/At~//~//.YVI/~I/~YYY//r~~~fr~//t~~
p~t~~#~/,4f/ ft./ IJ#/tt/oN /YWWW/ I.P#/ ~ ft.P4/ ~ /(vrlrNfY / I>t#Mt/ I#Wf /fpt
t~t~~/i~~t~/lt~t~~/~p"~t~lJ
Said fees shall be used to defray the cost of administering the bicycle
licensing program or to reimburse bicycle dealers for any services which they
may provide. In addition, the fees may be used to improve bicycle safety
programs and establish bicycle facilities, including bicycle paths and lanes.
l~~/ ~tQ/ /f/9\frfr/YV /~t'l / M1/1A1 /eN /l~~~t/ !J/ItBt/o# /Yrr/rtrliYW /f~~~/ /IIV /eNifrN /1p
~~~p~t~g~/gt~~1~t/'j~~~~j~g/pf/'Pj~i~'~~J
10.84.020 Parking prohibited on portions of private property.
No vehicle, vacation trailer, camping trailer, boat, boat trailer, camper
or recreational vehicle may be parked or placed within the front yard or
exterior side yard (i.e. street side of a corner lot) setback, except as
follows:
1. In a garage or carport.
2. On a paved driveway.
3. On a dust free area adjacent to a paved driveway. Adjacent shall mean
within ten feet of the edge of the driveway. (Refer ta Section 19.62.150
for further limitations). *Note: Dust free shall mean grass or
decomposed granite/paving per City standards adopted to accomplish a dust
free surface.
4. When parking is not available under 1-3 above, then consideration shall
be given by the Zoning Administrator to select a parking area on the
opposite side of the lot or other appropriate locations on the property
as per Section 19.62.110. The applicant or other interested persons may
appeal the decision of the Zoning Administrator to the Planning
Commission. The appeal shall be filed in writing with the Planning
Department within ten (10) days of the Administrator's action, and
accompanied by ~~ the Required appeal ffeei1l ~//~p~tJf!~p.//'~//':~;
~~~!-~f/f~/'I>;.~#~U. Appeals to the City Council from the actions of
the Planning Commission shall follow the same procedure.
WPC 10571 (Rev. 4/14/92) . Pg. 32
Proposed Revisions to Municipal Code
jl/l ~/J I
Unmounted campers and camper shells may not be placed in the front yard,
driveway, or unscreened (by solid six (6) foot high fence or hedge) exterior
side yard setback area for a period of more than seventy-two (72) hours.
12.08.100 Permit-Fees required-No-fee permits-Extensions of time.
A. The Reauired Permit f~~~ Fee(s) t~~!t~p in this chapter shall be
collected by the director of public works /IN/~~/f'qIrt#yt//M//vtv'lv~'lYi
~~~!g~~t~p'//r/r/Ar.t/~//~~//Y~/~/!~Af/~~~~p~p'//Y~/~/~//f~~
#~~p~'~.
B. Governmental agencies, including the state and any of its political
subdivisions, shall make application for permits under the provisions of
this chapter, and shall be issued a no-fee permit in accordance with the
provisions herein. A contractor working for a governmental agency shall
not be considered to be acting on behalf of that governmental agency and
shall not be exempt from the payment of fees.
C. An ex tens i on of the effect i ve date or an amendment to a s~ ngl e-move
permit may be made without payment of additional fees if approved by the
director of public works, provided that the request for such extension or
amendment is received before the expiration of the permit.
12.12.100 Temporary encroachment permit fees.
A. ,. The Required nonrefundable application ffeel1l ~~///;t~~~~~l'l
p~~!g~~t~p'//ifr/Ar.t/~//~~//Y~/~/f~Af/~~~~p~p'//Y~/~/~//f~~
#~~p~l~ shall accompany each appli cat i on for a temporary encroachment
permit.
B. If materials are placed in the street by the applicant prior to issuance
of a temporary encroachment permit, the application fee shall be
doubl ed. The payment of such doubl e fee shall not re 1 i eve any person
from fully conforming with the requirements of this chapter. Such double
fee shall be construed as an added fee required to defray the additional
expense af invest igat i on and enforcement by the ci ty as the resul t of
failure to comply with the provisions of this chapter. In the event that
issuance of a temporary encroachment is refused, any previously deposited
materials shall be removed as provided in Section 12.12.110.
12.20.100 Permit-Fees required-Exemptions-Refunds.
A. All construction of public works improvements within the public
rights-of-way shall be authorized through issuance of public works
construct i on permi ts issued by the di rector of publ i c works, except i ng
that work performed by publ i c ut 11 i ty organi zat ions under franchi se from
the city council and improvements installed under subdivision improvement
agreements, or city public works contracts.
B. The permit fees required by this section shall be collected prior to
issuance of a public works construction permit.
WPC 10571 (Rev. 4/14/92) - Pg. 33
Proposed Revisions to Municipal Code
/ t/~J-}'-:<
C. The state, or any of its political subdivisions, or any governmental
agency shall file applications for permits and shall be issued permits as
required by this chapter; provided however, that no fees shall be
required for private plan review.
D. Permit fees for publ ic works construction permits shall be the Required
Feelsl M/ ~ frI#rgp.~,:~~//Pt/ /iN /~~f/flN ~ /fi,lWtv/>>#~1 Ifp.
t~~/~~~t~t/f~~/~t~~p~,~.
E. In the event a publ ic works construction permit fee refund is requested
by the permittee, and the director of public works has determined that it
is in the public interest to allow the permittee to abandon the work, the
director of publ ic works shall cancel the permit and refund the unused
portion of the fee.
12.20.240 Driveways-Permit required for certain installation variances-
Application-Criteria for consideration-Fee-Appeal of denial.
A. The director of public works may authorize issuance of a permit to
construct and maintain driveways in excess of the limitations contained
in Sections 12.20.140 through 12.20.170. Applications for such special
permits shall be made in writing to the director of public works.
The app li cant shall speci fy the exact size and 1 ocat i on of the proposed
driveway and its relationship to nearby facilities, and shall provide
justification for deviation from standard.
B. The director of publ ic works shall approve, conditionally approve, or
deny the application. Said approval, conditional approval or denial
shall be based upon a presentation of sufficient justification for
variance from city standards. Additional consideration shall be afforded
the following criteria:
I. Traffic and pedestrian safety and convenience;
2. Volume and type of traffic use anticipated;
3. .Relocation of existing facilities in the public right-of-way, e.g.,
street lights, signal standards and fire hydrants;
4. Destruction of landscaping or removal of trees;
5. Effect on nearby property;
6. Conformity with future street plans.
C. ,. The Reouired nonrefundable fEeel1l ~t//tt~b//~I//r/t
~i/ lriU / J:AI / IN /':'J'.~/ /MWv / ~I / IN /':'J'.~/ ,AJ1'tWW / 1M' / #~#/# shall
accompany each application for such special permit. No application shall
be considered unless such fee shall have been paid.
D. Decisions of the director of publ ic works shall be subject to appeal by
the applicant to the city council. Appeals shall be made in writing and
shall be accompanied by ~ the Reouired non-refundable ffeeiil ~~
pt~~~~t'i/~/I~/ftnt/~'I/~~I/~A/~/Wv/f~~~t~/~/~~V/~~~t~t
f~~/~~~~p~'~. The decision by the city council shall be final.
WPC 10571 (Rev. 4/14/92) . Pg. 34
Proposed Revisions to Municipal Code
/ i>,~l '3 b
12.24.060 Requirements waived when-Fee-Appeal of denial.
A. The property owner or his agent may apply to the planning commission for
a waiver of the requirements of Section 12.24.050 in circumstances and
conditions including but not limited to the following:
1. Where adequate improvements of the nature and type required already
exist;
2. Sidewalks may be waived where the topography is such that the
installation of sidewalks would be impracticable;
3. Where the street or alley, for practical reasons, has not or cannot
be readily graded to the established grade;
4. Where installation of sidewalks would be hazardous to pedestrians
because of grade;
5. Where the city council has, by resolution, in conjunction with the
development of a subdivision or otherwise, waived or modified
requi rement of curbs, gutters, s idewal ks, pavi ng or dedication, or
any combination thereof, which resolution shall include a finding
that due to the nature of the topography or development in the
area, the installation of said improvements would not be feasible
or consistent therewith.
B. The appl icant for a waiver of improvements shall pay at the time the
aoolication is filed ~ the Reauired nonrefundable ffeeiil ~~
pt~~~~t'i/~/I~/~/~'II~~i/~~/W~/f~t~t~/~/~/Wv/~~~t~t
fv~/#'M~~ to cover the cost of investigation and processing of such
request. J~N ftil# If 'I I "M,8/J~N tWi--W Irr/ I p)M/iJNJI ~ frlr/#Yrlvrt.ry#
pf/~~~/t~~~~~JII'I>~t~/f~~/!~/~ptlt~f~~p~~'~J
C. In the event that the planning commission shall deny the request for a
waiver of said improvements, the property owner or his agent may appeal
said denial to the city council, by filing said appeal with the city
clerk within ten days from the date of such ruling of the planning
commission and Davina the Reouired aooeal Fee therefor. The council
shall thereupon, at their next regular meeting, or at such time
thereafter as they may designate, consider the waiver of such
requirements, in accordance with the circumstances and conditions set
forth herein, provided such findings shall be made by resolution of the
city council. If the city council shall fail to act upon said appeal
within twenty days of filing the appeal, the waiver shall be deemed to be
approved.
D. If the erection of new structures as contemplated by this article is to
be undertaken in subdivisions approved by the city council wherein
sidewal ks have not been required as a condition of the map and have
purpose 1 y been omitted, no app li cat i on for wa i ver or deferral shall be
required.
WPC 10571 (Rev. 4/14/92) - Pg. 35
Proposed Revisions to Municipal Code
, /]
/t/1 -;1 7
12.24.070 Requirements deferred when-Deposit or bond required when-Appeal of
denial.
A. In the event that the installation of all or any of the improvements
required by Section 12.24.040 would, if presently installed, create a
hazardous or defective candition or be impractical, or if said
installation of any ar all of said improvements would be incompatible
with the present development of the neighborhood or be impractical or
premature because of the existing condition of the surrounding property,
or that it would be desirable to install said improvements as a part of
the overall plan for the development of public improvements in a certain
area, the praperty owner or his agent may apply to the city engineer for
a deferral of the requirements of this chapter, stating the grounds and
reasons therefor.
B. If the city engineer, at his discretion, feels that such grounds or
exceptions are reasonable and that the requested deferral should be
granted, the city engineer may exempt such applicant from the
requirements of this chapter, subject to the conditions set forth
herein. Any exceptions to the requirements for the installation of
publ ic improvements may be 1 imited to a specific period of time by the
city engineer, or may be subject to the determination of the city
engineer as to the time at which said improvements should be installed.
In the event that the improvements are deferred, the property owner shall
deposit with the city a sum equal to the estimated cost of the
improvements, as approved by the city engineer, plus ten percent of such
cost, or in lieu thereof, shall post a bond in said amount as approved by
the city attorney. If it is determined that the requirements for the
installation of said public improvements will not be necessary within a
reasonable and feasible time period, the property owner may grant to the
city, in lieu of said cash deposit or bond, a lien upon his property in
an amount estimated by the city engineer to be sufficient to install such
public improvements at such time as they shall be required, and said lien
shall also provi de for reasonabl e attorney fees and costs in the event
that it becomes necessary for the city to foreclose upon such lien;
provided further, that said agreement shall stipulate that should said
li en be ext i ngui shed by foreclosure of pri or 1 i ens or otherwi se, the
improvements may be installed or provided by city and the cost thereof
become a lien against said property as provided in Section 12.12.070.
C. The city engineer may, from time to time, extend the period of deferral;
however, such extension af time shall be conditioned upon the continued
effect i veness of a val i d cash deposi t, bond or 1 i en, as establ i shed
herein.
~ The applicant for a deferral of such improvements shall pay ~ 1he
Reaui red ffeelll #/ ~WWW /#~JIJ,,##/'/ /eN / ,81./ /#1 / IW /'1"/ IVW /,~t~t~
~~A/.//~//r'J'.~//~t~t//~//'I~'J'.~~i,lY~ to cover investigation and
processing of such requests.
~J .f....
The denial of a request for a deferral of public improvements may
be appealed to the city council in the same manner as provided for
appeal for requests for waiver of public improvements, as set forth
in Section 12.24.060.
WPC 10571 (Rev. 4/14/92) - Pg. 36
Proposed Revisions to Municipal Code
Jt(,;/i -3~'
12.28.050 Maintenance and removal agreement-Required when-Contents.
Applications for encroachment permits for any buildings or structures of
any nature shall be accompanied by ~41 #J#p,/JtNro,eN. the ReQui red appl icat ion
ffeelll Yril ~ / f,/Jfr./ I~'II t1lW~ I #l>M/iN.,e/Jl,1 I~tl Ni I /rtdIJI 1'#1 IY~I ~ /!14/J#
;~v~rlvrlll~/t~/~~'I,:~t/~/f,~~, and an encraachment maintenance and
removal agreement, which shall authorize the construction and use of the
building or structure and shall be signed by the property owner and properly
acknowledged. The agreement shall be prepared by the city engineer and
contain the following covenants with the city:
A. The encroachment shall be installed and maintained in safe and sanitary
condition at the sole cost, risk and responsibility of the owner and
successor in interest, who shall hold the city harmless with respect
thereta.
B. The agreement is made for the direct benefit of the property owner's land
described in the agreement, and the covenants therein shall run with the
property and shall be binding upon the assigns and successors of the
owners.
C. The encroachment shall be abandoned, removed or relocated by the property
owner upon demand in writing by the city engineer. The property owner
must remove or relocate the encroachment wi thi n thi rty days after such
notice or within such longer period as may be provided specifically
within the agreement in the instance of buildings or structures which
woul d requi re a longer peri od to effectuate such removal or rel ocat ion.
If the owner fails to remove or relocate the encroachment within the
period allotted, the city engineer may cause such work to be done and the
cost thereof shall be imposed as a lien upon the property as provided in
Section 12.12.010 of this title, relating to removal of unauthorized
obstructions in the public rights-of-way.
D. The encroachment maintenance and removal agreement for buildings or
structures built over or upon the public rights-of-way shall be recorded
in the office of the County Recorder of San Diego County, and shall
constitute an obligation and burden upon the property; provided however,
that the agreement encompassing encroachments authorized by the city
engineer pursuant to Sections 12.28.030 and 12.28.040 need not be
recorded.
12.28.060 Fees-Payment required when-Schedule-Exemptions.
A. The Reouired Fees for .I!J1.ngineering and permiti n# required by
this section shall be collected by the city engineer. ~#'NMlNlfrifYY
~~I M' /g'l;fviM'W frI~'Ifgp.~':~r)' I PlI IW Irf.t.i I hi! tWi IfWWv I~N~'/ IYrI It~~
~t.'Ir,t 1!f..W I #]I#/J).# No permi t shall be issued and no work in the
publi c rights-of-way shall be permitted until the fees appl icabl e under
this section have been received by the director of public works.
B. The state of California, or any of its political subdivisions" or any
governmental agency shall file applications for permits and shall be
issued permits as required by this section; provided however, that no
fees shall be required when the work is done by persons working directly
for the state or agency.
WPC 10571 (Rev. 4/14/92) - Pg. 37
Proposed Revisions to Municipal Code
//)/;")9
C. A contractor working for the state or any of its political subdivisions
or any governmental agency shall obtain a permit and pay the Reauired
permit ffeei1l ~11;t~~~~~l'lllrlv'lr~;Vvrlll#'//~II~~i/~//llVlt~~llfi,lri,lr,
~~~~p~p'I!~/t~~/~~~t~tlf~~/~t~~p~'~.
12.40.020 Fees-Established-Refund regulations.
Reauired Fees ;.'II,Ip'if"iWVW I ~I 1,0;1 IMI I~IH !tIvllW 1t.Nt/!/JI./Jt~
t#fi#MINY/~~/;,a,t#tl/WflI#'p.rj~ifH are hereby established for the vacation
of public streets or portions thereof, or easements for public purposes.
12.44.020 Fees for name and regulatory signs.
Reauired Fees are hereby established t.'Ilpt~~~fitJi/~~JAn1/~'II~
~~//llV/~~IIM4f'AlI;.r;.v~rlvrlll/lIVIWvl;,a,t#tllfW/#MMJ~ for street signs illit
reaulatorv siQns to be erected in subdivisions and certain street openings.
13.14.020 Fees - Sewer construction Permit for Installations Within Public
Right-of-Way.
The applicant for a permit to construct a sewer lateral within the public
right-of-way shall pay to the City the Required ffeelil ~%llpt~~~~t'i
p~~!g~~t~plpt/~~/~~i/~~/~~~~p~pl!~/t~~/f~t~t~'I!~/t~~1Y.~~~~tIY~~/'I>t~~p~'~.
13.14.030 Connection to Public Sewer - Fee.
A. Any person applying for a permit to develop or modify the use of any
parcel shall provide sewer service capability to that parcel at the
property owner's expense. Where the owner constructs, or contributes
toward the costs of construction an amount in excess of the amount
commensurate with the benefits to be received, as determined by the
Director, the City may enter into a Reimbursement Agreement with such
person.
B. Any person desiring to connect, directly or indirectly, any parcel or any
building thereon to any publ ic sewer which has been constructed at no
cost to the parcel to be connected, shall pay ~ the one-time Required
Fee for Sewer Connection Y# to the City fp/~/~~p~~t/NiINMM!}.B
p~~!g~~t~p'llrltl/cr.l/~II~~II~vprlvrlINYIJlWlf~t~t~'llr~/~/~IIY~~
$t~~p~'~1 M6N-M1 tW I~rj/f-Jtil fA/.JN:IIN frNrIW'trN I':~I MN NY 1t.r/r/rltrl,.rlr/vl)4!t~
t~N I At/J#lJAtW I MN I IfWW I /!~I I M#tNn,eN/ I!#W I NVrlt/Y~ I I~~P),~. All
revenue derived from such fees shall be deposited in the Sewer Income
Fund. The amount of such fee shall be determined by one of the following
methods of calculation:
1. General Front Footage
2. Other reasonable method as determined by Council resolution
3. Reimbursement Agreement
WPC 10571 (Rev. 4/14/92) - Pg. 38
Proposed Revisions to Municipal Code
/ ()/J ,. tj C)
13.14.090 Sewer Capacity Charge.
A. The owner or person making application for a permit ta develop or modify
use of any residential, commercial, industrial or other property which is
projected by the Director to increase the volume of flow in the City
sewer system by at least one-half of one equivalent dwelling unit of flow
shall pay a Sewer Capacity Charge. All revenue derived from such fees
shall be deposited in the Trunk Sewer Capital Reserve Fund. The amount
of such charge shall be the Required Feelsl Am6~~/rI~'Ifg~~rV~
!~/ N:W Mt'IVrtv' /F#/ ~M/ /rIr/ /~'I/ A1fM4W /rtI /~Y,~/ ~tQ/ flrNrtr/YV /p##~#
tp/ tWY /fro/ ~~ Nfr'J'./ JIW !VYrfrtrtrli,lyv'l / #t/ /f#W / JJV ~ /Y-pp~
#~t!p~/fJfJ~J.fJ.
B. One equivalent dwelling unit (EDU) of flow is defined to be 265 gallons
per day of sewage generation. The fee for property involving a
modification in use shall reflect only the increase in sewage generation
projected from that property. The foll owi ng rates of flow for vari ous
land uses shall be util ized in determining the total fee due for any
given property:
Land Use
EDUs of Fl ow
1.0
0.75
1.0
1.0
.33
1.0
1.0
2 67+
variable
2.50
.75
Single family residence
Apartment/Condominium living unit
Hospital bed
Mobil e Home
Motel, hotel living unit
Church, theater, auditorium
Per each unit of seating capacity
(One unit being 110 persons or
any fraction thereof)
Restaurant
(2.67 plus seating allocation of
1.0 for each 10 seats or fraction
thereof)
Service Station
Self service laundry - per washer
Other (see below)
In the case of cammercial, industrial and other developments not included
above, the number of equivalent dwelling units of flow shall be
determined in each case by the Di rector and shall be based upon the
estimated volume of sewage to be discharged into the City sewer system.
The flow 'rate for property involving a modification in land use shall
reflect only the increase in sewage generation project from that property
which exceeds .50 equivalent dwelling units of flow.
13.14.110 Sewer Service Charges Designated - Payment Required - Domestic
Purposes - Defined.
A. In additian to other fees, assessments or charges provided by the City
Code or otherwise, the owner or occupant of any parcel of real property
which said parcel is connected to the sewer system of the City and to
WPC 10571 (Rev. 4/14/92) - Pg. 39
Proposed Revisions to Municipal Code
/(/';-1- J-//
water system maintained by the Sweetwater Authority, the Otay Water
District or the Califarnia - American Water Company shall pay j. 1hi
Reauired Feelsl for Sewer Service Charge f.,//~~~//~~pp~t//ptM~8
p~~!g~~t~p//'~//':'J'.~/~~'IrV(//fvV/Ar~VqvyVI/~/Ar.V/~/~8//t~~//Y-!ti
Y-p##l/ .4#'A44IN ft/r/ / ~~,../ NI Nr/r/rI(rI~r;fr/v /'/IJtN ~ /prptt~t#r~'I/ MIl 1V9Wt /!~
~p'l~t~~~~t/Y-pp~/'I>~tt!p~/~~~)~.
B. All revenue derived from such charges shall be deposited into the Sewer
Income Fund.
C. For the purpose of this section, real property shall be deemed to be used
for domestic purposes when such property is used solely for single-family
residences ar the furnishing of lodging by the operation of hotels, auto
courts, apartment houses, bungalow courts, housing units, roominghouses,
motels, trailer parks, or the rental of property for lodging purposes.
D. Sewer service charges to users in the Montgomery Annexation Area shall be
collected in the form of annual charges via property tax bills prepared
by the San Diego County Assessor through the end of '91-'92 fiscal year.
Montgomery Area charges shall be comparable to those of the remainder of
the City, after credit for unused reserve monies, acquired by the City
during the Area annexation process, has been applied. Beginning July 1,
1992, sewer service charges for the Montgomery Annexation area shall be
billed and collected in the same manner as in the rest of the City.
13.14.120 Reduced Sewer Service Charges Permitted When
-Contents- Refunds- Fees.
Application
A. The Di rector of Fi nance shall have the authori ty to certify eligi bil ity
for a reduced sewer servi ce charge, in the amount of seventy percent
(70%) of the rate charged other residential users, upon investigation, or
upon application by the occupant of a single family residence, apartment,
condominium or mobilehome when the occupant:
1. Meets the low income eligibility criteria 'I~r/!pt/.l1 as Dresentlv
desianated in the Master Fee Schedule. or as mav in the future from
time to time be amended bv citv council resolution amendina !~
the Master Fee Schedule, or
2. Provides proof of payment of a monthly sewer charge greater than
the Required Feelsl for minimum sewer service charge At//WV/fr/r~
!~/t~~/Y.~~t~t/Y~~/'I>t~~p~,~,
B. The occupant of premises subject to a sewer charge may request a reduced
sewer service charge by filing a completed City application form. The
applicant shall furnish data regarding the type of unit, number of people
in the household and proof of total annual income (gross) of the
household. Appl ication forms may be obtained from the City's Finance
Department. Certification of eligibility shall be annually established
with the Director of Finance.
C. Eligible occupants of single family homes sub3ect to the sewer service
charge shall have the opt i on of either requesting an annual refund from
the City or requesting the reduced sewer charge be appl ied on the sewer
billing as shown on the monthly or bi-monthly water bills.
WPC 10571 (Rev. 4/14/92) - Pg. 40
Proposed Revisions to Municipal Code
/;Y/-} , '7J-
D. Residents of apartments, condominiums or mobilehomes who are eligible for
the reduced sewer service charge shall receive the reduced sewer charge
as an annual refund only.
E. Requests for annual refunds shall be made by eligible households between
August I and September 30 of each year for the past fiscal year beginning
in July and ending in June. The applicant will be notified of
eligibility status within thirty (30) days of application and, if
eligible, a refund shall be forwarded within ninety (90) days of
application.
F. Residents of the incorporated Montgomery District will not be eligible
for either refunds or a reduced sewer service charge at the present time;
they will, however, be eligible for the reduced sewer service charge once
they are subject to the full sewer servi ce charge set by the Master Fee
Schedule because the special supplement fund is exhausted.
13.14.130 Sewer Service Charge Variances Permitted When - Application -
Contents - Fees.
A. The City Manager shall have the power to establish rules and regulations
for the granting of variances from the established sewer service charges
provi ded such rul es and regul at i ons shall be approved by resol ut ion of
the City Council. The City Manager shall have the power to grant
vari ances from estab 1 i shed sewer servi ce charge billi ng categori es upon
receipt of a variance application as hereinafter provided from the owner
or occupant of any premises, and one or more of the following situations
exist:
I.
Where a
suspended
different
non-residential user's wastewater contains a total
solids concentration sufficiently low as to qualify for a
sewer service charge strength category.
2. Where a substant i a 1 port i on of the premi ses of an industrial or
commercial establishment is used for industrial, commercial,
recreational, horticultural or agricultural purposes of such a
nature that the water supp li ed to such premi ses is not
substantially discharged into the sewer system.
B. The owner or occupant of any premises subject to the sewer service charge
may apply in writing to the City Manager for a reclassification of such
premi ses (vari ance) under the provi s ions of subparagraphs A 1 or 2,
above; provided, however, that no rebate upon such reclassification shall
be allowed for a period more than ninety (90) days preceding the filing
of such application. The applicant shall furnish substantial engineering
and factual data to support the appl i cant's contention that the premi ses
should be reclassified as provided in this section.
C. The owner or occupant of any premi ses requesting a variance from the
sewer service charges pursuant to the provisions of this section and the
rul es and regul at ions approved by reso 1 ut i on of the City Council shall
pay ~ the Reauired ffeeidl ~'I//Vvv'lvifVVY/Ar~i~tr/~~I/ftn1/Ar.t/~///I~
~v/f#,..tN J# /~Vr/rlWI /!~/ JIW MtWrtrl /F~~/ r#~.dAM to cover the cost of
invest igat i on of sai d request; provided, however, that no fee shall be
WPC 10571 (Rev. 4/14/92) . Pg. 41
Proposed Revisions to Municipal Code
/(}4-tf}
charged for a request for tatal exemption from the sewer service charge.
In addi t ion, a speci a 1 handli ng charge to cover the cost of bill ing and
inspections to be paid per billing may be established in the resolution
granting the variance.
13.14.150 Payment of Sewer Service and Pump Station Charges - Penalty for
Delinquency Discontinuance of Service When Unlawful
Connection - Backbilling and Penalty.
A. All sewer service and pump station operation and maintenance charges,
except those described in subsection F hereinbelow, shall be computed
upon a monthly or bi-monthly basis as determined by the City or the
servi ng water agency, and shall be payabl e upon the bill ing of such
charges to the owner or the occupant.
B. The charges and the bill i ng therefor may be combi ned wi th other uti 1 ity
bills and separately designated.
C. If the sewer servi ce and/or pump stat i on charge for users other than
those described in subsection F, is not paid before the close of business
or postmarked before midnight of the final date for payment as shown on
the billing, ~ the Required penalty Feelsl N//W~p':i/~/Pf//~~
t~~tg~t~l' shall be added thereto; provided, however, that when the
fi na 1 day for payment falls on Saturday, Sunday or a 1 egal hol iday,
payment may be made without penalty on the next regular business day.
D. In the event the owner or occupant of any premises shall be delinquent in
payment of the sewer service charge and such delinquency continues for a
period of five days after the final date for payment of such charge, the
LCity shall have the right, forthwith and without notice, to discontinue
sewer servi ce to such deli nquent owner or occupant, and sewer service
sha 11 not aga in be suppl i ed to such person unt il all del i nquent sewer
service charges plus the penalties thereon as herein provided have been
paid. The sewer service charge may be collected by suit in any court of
competent jurisdiction or any other manner.
E. In the event that any parcel or building is determined by the Director to
have been unlawfully connected to the public wastewater system, the City
shall have the right to terminate sewer service to such parcel or
building as provided in section 13.06.110. Sewer service shall not again
be supplied to such parcel or building until all delinquent sewer service
charges whi ch have been accumul ated duri ng the current ownershi p of the
parcel or building, plus ~//~vif(yvi/~/~I/p! the delinquent sewer
service charge oenaltv fee, has been paid.
F. Sewer service charges for users in the Montgomery Annexation Area shall
be collected in the form of annual charges via property tax bills
prepared by the San Diego County Assessor through the end of 1991-1992
fiscal year. Montgomery Area charges shall be comparable to those of the
remainder of the City, after credit for unused reserve monies, acquired
by the City during the Area annexation process, has been applied.
Beginning July 1, 1992, sewer service charges for the Montgomery
Annexat i on area shall be bi 11 ed and collected in the same manner as in
the rest of the City.
WPC 10571 (Rev. 4/14/92) - Pg. 42
Proposed Revisions to Municipal Code
/ !J /J' Lj L-/
13.14.170 Industrial Wastewater Discharge Permits - Fees - Costs Included in
Fees.
A. Industrial Wastewater Discharge Permit fees and annual renewal fees shall
be based on the wastewater constituants and characteristics of the
discharges to the Wastewater System. Industrial Wastewater Discharge
Permit fees and annual renewal f#~ shall be the Required Feels} t~~
~~p~~t//ifv'lr~tvvif/~/t~~/~~'Ir~;/f~/~~A(,//~'I/~~if~/tW//Y-P~~t!1
~~~p1~t!p~/~/tJ~/lVif/tft~//p~v'li,l;~Y/MI/~~~/~/~~~~tp~~~~/~/t~~
P;r/t/vrli,l;~'I / NrIV / /#'NV / IN ;rN#t~~~p.':/ /fIififv / ~ / 1#)". All revenue
derived from issuance or renewal of Industrial Wastewater Discharge
Permits shall be deposited into the Sewer Revenue Fund.
B. The regular permit fee and annual renewal fee shall include expenses
incurred by the City for permit processing, data evaluation, routine
on-site inspections, monitoring, sampling or chemical analysis whether
performed by the City or other entity acting in the City's behalf. Costs
relative to permit violations are NOT included in the provisions stated
on the permit, and/or Section 13.10.130.
14.16.020 Storm Drain Fee Established-Payment Required-Real Property
Defined.
A. In addition to other fees, assessments or charges pravided by the
city code or otherwise, the owner or occupant of any parcel of real
property which parcel is connected to the wastewater system of the
City and to a water system maintained by the Sweetwater Authority,
the Otay Municipal Water District, or the California American water
Company shall pay ~ the Required storm drain ffeelll #
pt~~~~t1i//~///pt//Ar.I//~~i//~//~~//~I//~'I
t~#l#!pN IW /f.~H Mt'tvrM / 1#/ /'/rfr/f/rlt/YV/ / / ~#/ /~.,/ N#~ /I~
ptppp~~~/~/'I;rrl/f~~h/Ar/~~rft/~/p!/~~/Pt~~~~~p//I~~/~tvY/~~
pp~t~p/~U/~Afrv.v/~Y~rK/fpt/~~?rv/rv~/l1~]/AAbAl~lVv/Y-!t'l
Y-P~~t!,/tp~~!~~t~f.!p~.
B. For the purposes of this section, real property shall be deemed to
be used for domestic purposes when such property is used solely for
single-family residences, or the furnishing of lodging by the
operations of hotels, auto courts, apartment houses, bungalow
courts, hous i ng uni ts, roomi ng houses, motel s, trai 1 er parks, or
the rental of property for lodging] purposes.
C. All storm drain fee1 imposed under this chapter shall be computed,
collected, and subject to the same penalties and requirements as
set forth in Sections 13.14.110 and 13.14.150 relating to sewer
servi ce charges. All proceeds of the storm drai n fee1 shall be
deposited in the Storm Drain Revenue Fund.
15.04.295 Fees-Schedule for camputation.
The Yfees authorized in this Chaoter 15.04 of the Municioal Code shall
be the Required Feelsl for excavation. QradinQ and fills ~~//pt~~~~f.'i
p~~!g~~t~p,/pt/~~/~~i/!~/f.~~/f~f.~t~/~~/~~~~p~p'/j~/f.~~/~~~t~t/f~~/~t~~p~,~,
WPC 10571 (Rev. 4/14/92) - Pg. 43
Proposed Revisions to Municipal Code
~;/ ' ~!S
15.08.015 Uniform Building Code Section 105 amended by addition of the
following to the end of the section:
Aoorovals of alternate materials and methods shall be throuQh an
administrative hearina orocess followina oavment of the Required Feels).
15.08.030 Board of Appeals and Advisors-Section Z04(a) is amended to read:
Section 204(a) General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official relative to the
application and interpretation of this case, there shall be and is hereby
created a Board of Appeals and Advisors consisting of seven members who are
qualified by experience and training to pass upon matters pertaining to
building construction. The Director of Building and Hausing shall be an
ex-officio member who shall not be entitled to vote and who shall act as
Secretary ta the Board. The Required Feelsl shall be charQed for orocessinQ
all aoolications for an aooeals hearinQ before the Board of Aooeals and
Advisors.
The Board of Appeals and Advisors shall be appointed by the City Council
from the qual ifi ed electors of the Ci ty in accordance with the provi s ions of
Section 600 et. seq. of the Charter. The Board shall render all decisions and
findings in writing to the Director of Building and Housing with a duplicate
copy to the appellant. The decision of the Board is final. The Board of
Appeals and Advisors shall recommend to the City Council such new legislation
deemed necessary to govern construction in the City of Chula Vista.
15.08.050 Section 303(a) is amended to read:
Section 303(a) ISSUANCE. The application, plans and specifications and
other data filed by an applicant for permit shall be reviewed by the Building
Official. Such plans may be reviewed by other departments of this
jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the Building Official finds that the work described in an
application for a permit and the plans, specifications and other data filed
therewith conform to the requirements of this code and other pertinent laws
and ordinances, and that the Reauired ffees ~p~t!f!~p//r~/~/~tAt//y~~
~t~~p.pJ~/~/~V/~!t'l/A{/~/Yf'l':~ have been paid, he shall issue a permit
to the applicant.
When the Building Official issues the permit where plans are required, he
shall endorse in writing or stamp the plans and specifications "APPROVED."
Such approved plans and specifications shall not be changed, modified or
altered without authorization from the Building Official, and all work shall
be done in accordance with the approved plans.
The Building Official may issue a permit for the construction of part of
a building or structure before the entire plans and specifications for the
whole building or structure have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all
pertinent requirements of this code. The holder of such permit shall proceed
at his own risk without assurance that changes to the plans will not be
requi red duri ng the pl an check or that the permi t for the entire structure
will be granted.
WPC 10571 (Rev. 4/14/92) - Pg. 44
Proposed Revisions to Municipal Code
//;.'/7_1..1/
/ {/ /i / /;'l
15.08.060 Sections 304 ~ ~ (d)~ ~~~ (f) and Cil are amended.
Sections (g)i and (h)i/~~p/{!l are added.
Section 304(b) PERMIT FEES. The fee for each buildinQ permit shall be
the ReQuired Feels) ~~/~~t/fptt~/!~/l~~'~/~pJ/~/".
In addition to oermit
State of California to
Instrumentation PrOQram will
fees. the ReQui red Fee Is) as establ i shed
suooort the State mandated StronQ
be collected orior to oermit issuance.
bv the
Motion
The Buildina Official mav issue a foundation onlv oermit uoon oavrnent of
the ReQuired Feels), Such fee is intended to offset the additional costs
associated with administerinQ multiole oermit svstem and shall not be credited
toward overall buildinQ oermit.
Section 304(c) PLAN REVIEW FEES. When a plan or other data are required
to be submitted by Subsection (b) of Section 302, a plan review fee shall be
paid at the time of submitting plans and specifications for review. Said
Reouired plan review tree shall be a minimum of 65% of the building permit
fee ~~p~~/!~/l~~'~/~pJ/~/".
The Reauired plan review ffees specified in this subsection are
separate fees from the permit fees specified in Section 304(a) and are in
addition to the Reauired permit ffees.
Where plans are incomplete or changed so as to require additional plan
review, an additional Required plan review ffee shall be charged at the
~~p~~/!~/l~~'~/~p//~/A.
An additional Reauired olan review Fee shall be charQed for those
oroiects havinQ State mandated Enerav Conservation and/or disabled access
reauirements.
Section 304(d) EXPIRATION OF PLAN REVIEW. Applications for which no
permit is issued and on which no action is taken by the applicant within 180
days following the date of appl ication shall expire by limitation and plans
submitted for checking may thereafter be returned to the applicant or
destroyed by the Building Official. The Building Official may extend the time
for action by the appl icant for a period not exceeding 180 days upon written
request by the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken.
Section 304(f)4. FEE REFUNDS. Fees paid for microfilming of documents
and for Strong Motion Instrumentation are not refundable.
The Building Official shall not authorize the refunding of any fee paid
except upon written application filed by the original permittee not later than
180 days after the date of fee payment.
Section 304(g) COMPLIANCE SURVEY FEE. The fee for conducting a
compliance survey of an existing structure shall be the Reauired Feelsl ,/;J7'P
p~t/~/A4A4tAl/f~~':/~/'Jppt//ttvt/Ak//ft~~~jP~/~~vrlfl/~~/"r//~/t~~~
,/;7'PJ~~.
WPC 10571 (Rev. 4/14/92) - Pg. 45
Proposed Revisions to Municipal Code
it/A -1/ /
Section 304(h) EXCEPTIONS. The United States Government, State of
California, school districts, counties, cities and other public agencies shall
not be required to pay any fees for filing an application for a building
permit pursuant to this code.
Sect ion 304 (i) RETENTION OF PLANS. State 1 aw requi res the retention of
plans, specifications and permits for the life of t~~ 12mi building.
Therefore, the applicant shall be charged ~//f~~ the Required Feels) to
cover the actual cost of microfilming such documents.
15.08.070 Section 305(g) is amended. Section 305(h) is added.
Section 305(g) REINSPECTION. ,. The Reouired re-inspection ffeei1l
and Reauired suoolemental alan check Feels), M//'/rv'lr/rYWrI/Nt/tM//r;r':iY'I
~"I#~t/ f#l /~##/JJ# may be assessed for each inspection or re-inspection
when such portion of work for which inspection is called is not camplete or
when corrections called for are not made.
This subsectian is not to be interpreted as requiring reinspection fees
the fi rst time a job is rejected for fa 11 ure to comply wi th the requi rements
of this code, but as controlling the practice of calling for inspections
before the job is ready for such inspection or re-inspection.
Re-i nspect i on fees may be assessed when the permi t card is not properly
posted on the work site, the approved plans are not readily available to the
inspector, for failure to provide access on the date for which inspection is
requested, or for deviating from plans requiring the approval of the 8uilding
Official.
To obtain a reinspection, the applicant shall file an application
therefor in writing upon a form furnished for that purpose and pay the
reinspect ion fee.
In instances where reinspectlon fees have been assessed, no additional
inspect ion of the work wi 11 be performed unt il the requi red fees have been
paid.
Section 305(h) COMPLIANCE SURVEY INSPECTION. Upon receipt of a written
request for a compliance survey from the owner and payment of the fee
specified in Section 304(g), the Building Official may inspect an existing
structure to ascertain its compliance with the provisions of this code and
other applicable laws and ordinances, and report his findings in writing to
the owner.
15.08.075 Uniform Building Code Section 307(c) amended by addition of the
following to the end of the section:
The Required Feels) for issuance of a Certificate of Occuoancv shall be
collected at time of buildina oermit issuance.
WPC 10571 (Rev. 4/14/92) - Pg. 46
Proposed Revisions to Municipal Code
It!:?, LJ:5
15.08.078 Uniform Building Code Section 307(d) amended by addition of the
following to the end of the section:
The Reauired Feels) for issuance of a Temoorarv Certificate of Occuoancv
shall be collected uoon submittal of a Temoorarv Certificate of Occuoancv
aoolication.
15.16.030 General-Section 203(a) is amended to read as follows:
Section 203(a) General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official relative to the
application and interpretations of this code, there shall be and is hereby
created a Board of Appeals and Advi sors cons i st i ng of seven members who are
qualified by experience and training to pass upon matters pertaining to
mechanical aspects of construction. The Director of Building and Housing
shall be an ex-officio member who shall not be entitled to vote and who shall
act as Secretary to the Board. The Reauired Feels) shall be charQed for
orocessinQ all aoolications for an aooeals hearina before the Board of Aooeals
and Advi sors. The Board Appeals and Advi sors shall be appoi nted by the City
Council from the qualified electors of the City in accordance with the
provisions of Section 600 et seq. of the Charter. The Board shall render all
decisions and findings in writing to the Director of Building and Housing with
a duplicate copy to the appellant. The decision of the Board is final. The
Board of Appeals and Advisors shall recommend to the City Council such new
1 egi sl at i on deemed necessary to govern mechani ca 1 aspects of construction in
the City of Chula Vista.
15.16.040 Section 304 (a), (b) and (c) are amended to read:
Section 304 FEES:
Section 304(a) The Required Fees shall be assessed !N~/~!t~
t~~/Y.~~t~t/Y~~/'I>t~~p~'~/pf/t~~/~!ti/pf/Y-~~l~/Y!~t~.
Section 304(b) The fee for each mechanical permit shall be the Reauired
Feels) t'l/~/fr/,~/~IV/r'J'.~/~//F~~/~/pf/M#/I-Jti//vf/~~
y!~t~.
Section 304(c) When a plan or other p~t~ data are required to be
submitted by Subsection (b) of Section 302, a plan review fee shall be
paid at the time of submitting plans and specifications for review. The
plan review fees for mechanical work shall be ~P.~~l/Ntn~/~/~f
1-Yi~//WWY/.Mf/rYIJl/f~~ the Reauired Feels) #/NW/#ttN/r~/fWMt/IF~~
~rtv.~rli,ly~//rtf/Me//~!ti/Nf/~/~I<#A. When plans are incomplete or
changed so as to require additional plan review, ~~ the Required
Feels) for additional plan review f~~ shall be charged t~/~/t~
~~p~~/!~/t~~/Y.~~t~t/Y~~/'I>t~~p~'~.
15.20.020 Advisory and Appeals Board-Section 203 is revised to read:
Section 203. Advisory and Appeals Board. In order to hear and decide
appeals of orders, decisions or determinations made by the building official
WPC 10571 (Rev. 4/14/92) . Pg. 47
Proposed Revisions to Municipal Code
/' ~/,1 '1/c'1
t/ 1/ '
relative to the application and interpretation of this code, there is hereby
established a Board of Appeals and Advisors consisting of seven members who
are qual ified by experience and training ta pass upon matters pertaining to
building construction, use and occupancy of residential structures. The
Director of Building and Housing shall be an ex-officio member who shall not
be entitled to vote and who shall act as Secretary of the Baard. The Reouired
Feels) shall be charQed for orocessinQ all aoolications for an aooeals hearinQ
before the Board of Aooea 1 sand Advi sors. The Board of Appeals and Advi sors
shall be appointed by the City Council from the qualified electors of the City
in accordance with the provisions of Sectian 600 et seq. of the Charter. The
Board shall render all decisions and findings in writing to the Director of
Building and Housing with a dupl icate copy to the appellant. The Board of
Appeals and Advisars shall recommend to the City Council such new legislation
deemed necessary to govern construct i on, use and occupancy of resident lal
structures, in the City of Chula Vista.
15.20.040 Section 305 is amended to read:
Section 305 HOUSING PERMIT FEES - APARTMENT HOUSES, LODGING HOUSES,
HOTELS AND MOTELS.
Section 305(a) The fee for a Housing Permit required by Section 304 of
this ordinance shall be the Reauired Feels) ~N/rIrJWfIrItIW/p~#g~~~~;,,/#,//~'I
It/ ftA/j/ /VvvWfVvv /'#/ ~ /~'I / 1>#/ IRWY /Y~ / tN/ ~ /F~~/ AtI~MM/ /rIf /~~~
Y-!ti/pf/y-~~,~/y!~t~.
For the purpose of this section, a "unit" shall mean each apartment in an
apartment house, each sleeping room in a hotel, motel and lodging house, and
each apartment and each hotel, motel sleeping room in a building containing
both apartments and hotel/motel sleeping rooms.
Separate apartment house buildings and separate hotel/motel buildings, or
combination thereof, located upon a single parcel of land or contiguous
parcels of land, under the same ownership, shall be treated as one apartment
house, or hotel for the purposes of computing the fee prescri bed by thi s
section.
Section 305(b) Penalty for Delinquent Payment. If the housing permit is
not paid on or before the thirtieth (30th) day of the month following the date
when it became due, then the Reauired oenaltv Feels) ~/#fW.tfl/Nt/t4/M;6/JN.
A6/J,811/ Nt /t#fitilf!#/ tWAAW /ar;%y / /Jtf/ /Wv/I#frrlt/ /frfrl /p#/ AM' /##'rfYv shall
be added thereto, and no such permit shall be issued unt 11 such penalty has
been paid.
15.24.015 ~;,~I~~t'l/~~;,/~~~~~l~/~~~t;, Board of Aooeals and Advisors.
In order to hear and decide appeals of orders, decisions or
determinations made bv the BuildinQ Official relative to the aoolication and
interoretations of this code, there shall be and is hereby created a Board of
Appeals and Advisors consisting of seven members who are qualified by
experience and training to pass upon matters pertaining to electrical aspects
of construction. The director of Building and Housing shall be an ex-officio
member who shall not be entitled to vote and who shall act as Secretary of the
WPC 10571 (Rev. 4/14/92) - Pg. 48
Proposed Revisions to Municipal Code
/ ;:,L7~ 4'~i
, 1./ /
----~--~--,-,-_._--------'-----_.-'
Board. The Required Feels) shall be charQed for orocessinQ all aoolications
for an aooeal hearina before the Board of Aooeals and Advisors. The Board of
Appeals and Advisors shall be appointed by the City Council from the qualified
electors of the City in accordance with the provisions of Section 600 et. seq.
of this Chapter. The Board shall render all decisions and findings in writing
to the Director of Building and Housing with a duplicate copy to the
appellant. The decision of the Board is final. The Board of Appeals and
Advisors shall recommend to the City Council such new legislation deemed
necessary to govern electrical aspects of construction in the City of Chula
Vista.
15.24.060 Fees for Permits and Inspections.
A. Fees for processing and inspecting electrical permits shall be 1bi
Reauired Feels) ~~/~p~t!f!~p/!~/t~~/Y.~~t~t/Y~~/'I>t~~p~l~.
NOTE: Ampere rate shall apply to the secondary side of the transformer or
transformers.
B. Reinspections. A reinspection fee may be assessed for each inspection or
reinspection which such portion of work for which inspection is called is
not complete or when corrections called for are not made.
This subsection is not to be interpreted as requiring reinspection fees
the first time a job is rejected for failure to comply with the
requirements of this code, but as controlling the practice of calling for
inspections before a job is ready for such inspection or reinspection.
Rei nspect i on fees may be assessed when the permit card is not properly
posted on the work site, the approved plans are not readily available to
the El ectri ca 1 Inspector, for fa 11 ure to provide access on the date for
which inspection is requested, or for deviating from plans requiring the
approval of the Building Official.
In instances where rei nspect i on fees have been assessed, no addit i onal
inspect i on of work will be performed unt il the requi red fees have been
paid.
C. Investigation Fees - Work Without a Permit.
1. Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a
special investigation shall be made before a permit may be issued
for such work.
2. Fees. An investigation fee, in addition to the permit fee, shall
be coll ected whether or not a permi tis then or subsequently
issued. The investigation fee shall vrlr/~~~~~p/~/~~/~'/~
#t/%t/ / tM/JII#/J! / M/ / ~ / .M'?WW / /fW / 11ft4r1flv be the ReQu ired
Feels). The payment of such investigation fee shall not exempt any
person from compliance with all other provisions of this code nor
from any penalty prescribed by law.
WPC 10571 (Rev. 4/14/92) - Pg. 49
Proposed Revisions to Municipal Code
J //1 -5/
15.28.025 Board of Appeals and Advisars-Section 20.14 is amended as follows:
Section 20.14 Board of Appeals and Advisors.
In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretation of this code, there shall be and is hereby created a Board of
Appeals and Advisors cansisting of seven members who are qualified by
experience and training to pass upon matters pertaining to plumbing issues in
construction. The Director of Building and Housing shall be an ex-officio
member who shall not be entitled to vote and who shall act as Secretary to the
Board. The Required Feels) shall be charQed for orocessinQ all aoolicatians
for an aooeals hearinQ before the Board of Aooeals and Advisors. The Board of
Appeals and Advisors shall be appointed by the City Council from the qualified
electors of the City in accordance with the provisions of Section 600 et seq.
of the Charter. The Board shall render all decisions and findings in writing
to the Director Building and Housing with a duplicate copy to the appellant.
The decision of the Board is final. The Board of Appeals and Advisors shall
recommend to the City Council such new legislation deemed necessary to govern
plumbing issues in construction in the City of Chula Vista.
15.28.040 Cost of Permit-Section 20.7 and Reinspection Fee-Section 20.7(a)
are amended to read as follows:
Sect ion 20.7 Cost of Permi t. Every app li cant for a permi t to do work
regulated by this Code shall state in writing, on the application form
provided for that purpose, the character of work proposed to be done and the
amount and kind in connection therewith, together with such information,
pertinent thereto, as may be required.
Such appl icant shall pay for each permit, at the time of issuance, j.
the ReQuired ffeelll /IN/##tp##/Nn:'J'.//VW/~/f#l/~t~#/J.1.#/Pf//~~
Y-!ti/pf/y-~~,~/y!~t~.
Whenever any work for which a permit is required by this code has been
commenced without first obtaining said permit, a special investigation shall
be made before a permit may be issued for such work. An investigation fee, in
addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The investigation fee shall be ~fj~j.lIM1/VW/j.~p~#
_f//t~ft//pAtfi0t1/I~/A1~qvYV~~/!Vf//t~!~//tpP.~ the Required Feels). This
provision shall not apply to emergency work when it shall be proven to the
satisfaction of the administrative authority that such work was urgently
necessary and that it was not practical to obtain a permit before commencement
of the work. In all such cases, a permit must be obtai ned as soon as it is
practical to do so, and if there be an unreasonable delay in obtaining such
permit, the investigation fee as herein provided for shall be charged.
For the purposes of this section, a sanitary plumbing outlet on or to
which a plumbing fixture or appliance may be set or attached shall be
construed ta be a fi xture..j Fees for re-connect i on and re-test of pl umbing
systems in relocated buildings shall be based on the number of plumbing
fixtures, gas systems, water heaters, etc., involved.
WPC 10571 (Rev. 4/14/92) - Pg. 50
Proposed Revisions to Municipal Code
/ /' /J _ S'. r')
/ {.//7 ..7-
When a permit has been obtained to connect an existing building or
exi st i ng work to the publ ic sewer or to connect to a new pri vate di sposal
facility, backfilling of private sewage disposal facilities ~~p~pp~~p
abandoned consequently to such connection is included in the permit.
Section 20.7(a) Reinspection Fee
A re-inspection fee may be assessed for each inspection or reinspection
when such port i on of work for wh i ch inspect i on is called is not camp 1 ete or
when corrections called for are not made.
To obtain a re-inspection, the applicant shall file an application in
writing upon the form furnished for that purpose and pay the Reauired
re-inspection ffeeiil f~//tqq~~r/r/~/t~/Y.~~t~t/lfvv/Ar~~/Af//~
Y-!t'l/pf/Y-~~'~/~!~t~.
In instances where re-inspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been
paid.
15.32.040 Requirements-Variance or deferral permitted when-Public hearing-
Fee-Agreement with city.
A subdivider or public utility company may request that the city council
vary from or defer the requirements of this division. The applicant for such
vari ance shall pay the Reaui red ffeelll as PfM#tJi/ /p.~~!~~##'/ /~t / /~'I
~~i/NY/t~~/!ftWIr#/~~/~//!n/~/~#t~t/!ftW/#~~P~'~ at the time the
app li cat i on is submitted to the department of publ i c works to cover the cost
of the public hearing to be noticed by the city clerk in accordance with
notification requirements of the laws of the state of Cal ifornia. After
conducting the public hearing, the council may defer the requirements of this
di vi s i on after the council fi nds from the evi dence presented at the heari ng
that all of the following facts exist:
A. That extraordi nary condi t ions exi st to the extent that enforcement of
this subsection would result in unnecessary hardship to the subdivider or
the utility company;
B. That such deferral will not, under the ci rcumstances of the part i cul ar
case, be detrimental to the health, safety or general welfare of the
neighborhood.
In the event that the council elects to defer the undergrounding
requirements, the subdivider shall enter into an agreement with the city
stipulating the acceptance of the establishment of an undergrounding district
at some future date, and waiving any protests against such a district. Said
agreement shall be bi ndi ng upon the hei rs, successors and assigns of the
subdivider and shall be recorded.
WPC 10571 (Rev. 4/14/92) . Pg. 51
Proposed Revisions to Municipal Code
J t:/15}
15.32.070 Requirements-Deferral permitted when-Public hearing-Fee-Agreement
with city.
An owner or public utility company may request that the city council vary
from or defer the requirements of this division. The applicant for such
variance shall pay the Required ffeei1l ~//pt~~~~t'i//p~~!g~~t~p,//;t//~'I
~~'I/NI/'/.~~//fI.N.Ir#/~N~//!~/~/~#t~t/#N/#~~p~'~ at the time the
application is submitted to the department of public works to cover the cost
of the publ ic heari ng to be not iced by the ci ty cl erk in accordance wi th
notification requirements of the laws of the state of California. After
conducting the public hearing, the council may defer the requirements of this
division after the council finds from the evidence presented at the hearing
that all of the following facts exist:
A. That extraordinary condit ions exi st to the extent that enforcement of
this subsection would result in unnecessary hardship to the owner or the
ut ili ty company;
B. That such deferral wi 11 not, under the ci rcumstances of the part i cular
case, be detrimental to the health, safety or general welfare of the
neighborhood.
In the event that the council elects to defer the undergrounding
requirements, the subdivider shall enter into an agreement with the city
stipulating the acceptance of the establishment of an undergrounding district
at some future date, and waiving any protests against such a district. Said
agreement shall be binding upon the heirs, successors and assigns of the owner
and shall be recorded.
15.36.020 Board of Appeals-Section 2.303 is revised.
Section 2.303 is revised to read as follows:
Section 2.303. In order to hear and decide appeals of orders, decisions
or determinations made by the Fire Chief or Fire Marshal relative to the
appli cat i on and i nterpretat i on of th is Code, there shall be and is hereby
created a Board of Appeals and Advi sors cons i st i ng of seven members who are
qualified by experience and training to pass upon matters pertaining to fire
safety. The Fire Chief shall be an ex-officio member who shall not be
entitled to vote and who shall act as Secretary to the Board when it is
hearing matters related to application of the Uniform Fire Code. The ReQuired
Feels) shall be charQed for orocessinQ all aoolications for an aooeals hearinQ
before the Board of Aooea 1 sand Advi sors. The Board of Appeals and Advi sors
shall be appointed by the City Council from the qualified electors of the City
in accordance with the provisions of Section 600 et seq. of the Charter. The
Board shall render all decisions and findings in writing to the Fire Chief
with a duplicate copy to the appellant. The decision of the Board is final.
The Board of Appeals and Advisors shall recommend to the City Council such new
legislation deemed necessary to govern fire safety in the City of Chula Vista.
WPC 10571 (Rev. 4/14/92) - Pg. 52
Proposed Revisions to Municipal Code
/ !)A -_<'I
15.44.050 Demolition, removal-Permit required-Fee.
Before any building within the city is demolished or removed, the person,
firm or corporation doing the demolishing or removing shall first obtain a
permi t from the buildi ng and housi ng department. A separate ReQuired permi t
fEeeW shall be charged for each separate parcel of 1 and where demoli shing
or removing is taking place. When new construction is to begin within thirty
days, a permit for removal may be included with permit for new building.
15.44.070 Appeals.
The applicant may appeal the findings and recommendations of the building
and housing department to the board of appeals and advisors. The appeal shall
be in writing. For all appeals, the fee shall be ~~~/'J'.~lf/,4f//WrI//Jt~aJ/i~J
~pp1!t~t!p~/~/~//'Irlr/!AtftlV/fp./~/~~~t~t/lfrlrl/f,~Allpf/~/~~~!t!p~l
~pp~ the Required Feelsl.
15.44.090 Violatian-Penalty.
"p.'I//tWrf.#Il//!JtN/Nr//~//jI/1p~N-/1M It is unlawful to
intentionallv fail to comolv with any of the provisions of this chapter !~
g~!lti/,4f//t/~!~~~~~~~~t'/~/rlt~/'I~~~/~Atf,ptv./If~/~t/tAt~~~/~(VV/~~
p~~~~p//gi,lfrri//rlf/f.Y/~~/p!!Anf,~//fPt//~~~'J'.//~rI/~/~/lpt//p~tt!p~
t~~t~pf/A4f~~~r~/~~'I/~/It0~plV/ifV/~~'I/pf/~rI/pt~Y''I'~~~/,4f//Wr'l/t~~pt~t
!~//~p~~!tt~p,//~p~t!~~~~//pt//p~t~!tt~p'//~~p//~pp~//tp~'I!~t!p~//pf//~~i//~~t~
'I,p,~t!P~//~fYY/AtV/~/tw//~/f'~~//r/f//Ii~/~/~/!JjI~//~~~pt~P
PPJ'~t~/pt/~/~ri~~/f~r//ipt/AAtAl~/1rt/~p~t~~/pt/~At~/'Ii,I~/f!~~
~~p/!~pt!~p~~~/it.
15.48.060 Variances from regulations permitted when-Procedure.
The owners, occupants or persons in possession or control of the property
wherein a swimming pool is located subject to the provisions of this chapter
may apply for modification or variance of the terms and regulations set forth
in this chapter. The aoolication fee for a hearino before the Board of
Aooeals and Advisors is the ReQuired Feelsl. The application submitted to the
p.~p~tt~/it//pf/~YVif~/~/~p~/1ns1/f~tP~~':'~~ Deoartment of Buildina and
Housina shall be reviewed by the ~rvf/,4f//':~~/~/Pf/~YVifYrl<i/~
M~/1ns1 /fp.'Ip~~rfpp. Di rector of the Deoartment of BuildinQ and HousinQ to
determine whether or not the modification as requested would adversely affect
the public health, safety or general welfare. The t~#f//rlf/#J/INJ/I~/~~~
~~~~!~g//J/i~p~ttJp/i Director of BuildinQ and HousinQ shall forward his
report and recommendation to the ~p~rrl/kf//M#Ntf, Board of Aooeals. The
~p~tp//pf//~pp~~'~ Board of Aooeals shall review the report, allow and
provide for specific modifications of terms of the chapter when it shall be
determined that strict compl iance with the terms of this chapter will not
materially benefit or safeguard the public and that the work to be done will
result in undue hardship to the owners or occupants or persons in possession
or in control of the property.
WPC 10571 (Rev. 4/14/92) . Pg. 53
Proposed Revisions to Municipal Code
) !J /l ~C;/S
15.50.060 Costs of formation of reimbursement district.
N 1~~/ ~ /r/f /JIW /frfrlrrltr/y~ /pf /.MW /rvYr/.'Ii,lr'lvr/#r/ 4'o#t/l#/ tWM /!~t,#~
~~/~~t!~~t~p/~'I/t~~/p!t~ttpt/pf/p~~'jt/~ptX~/
J.J l~N /r/rIiW / #/ / ~JJ/ Nr/rrrtv'l / ~ / PI/ /v#r~r)/ /rNrIW#I / MI /t~!~
PP'#'Ii
~J l~~/~~/~v/t!ti/Af/~~/r)ft~~':~rlp!/~A{v~'II/pt~p~t~t!~~
pf / ~v / MVifrJ6MlJl /~p~t~/ /VY / /rtN /f#jJjt!#// /rIrtV~YrlfVYrI~ / Af/ /t~~
~~~~f!t~p/~t~~/~~p/~~t!~~t~/pf/t~~/ptpp~t/~~~~~~~~~tJ
~J l~~/ / ##J.P#t/ / MW/ / fcfwWW / /~v / / ~#/ / #/ / J:I# / ~r/WM / IrIm~('I / /tp
t~!~~~t~~//t~~/It!ti//fpt//!t~//~p~!~!~tt~tj'l~/Itp~t~//!~I/tp~p~tt!~g//t~~
!~!t!~'/~/fpt/~v/!pt~~plV/vY/JIW/r)f'l':(f~':I//~/p~'I~,PP~t
~~~ll/ t# /(~r!.i,lrrvr)1 / ~;N,e#t/,/ NrI /p#/ /rtN N4WfY / Ad/i1/IMf,I-t,Wo/l# frIrIWi /fpt
t~~/~/pf/~/p!~tt!ttJ//~/t~~/~/~/~/p!~tt!tt
n/ MII!'W?/llW! /~v/#t/'J~J/ ~ /~M /~~/MN#/JIIAAJJM/'/ flM/ /(r/rll/YrI/t~#
~~/~~IVV~/t~~/~~/IVV~/~~r~~~~/f,~~/At~/t~f~~r)~r)I//AlVlVVv/~'I~~t
~/~~/r'l/fpt~p./'/~/~~'Ir'l/~~~/At~/~~~~,~~t~r)/AIV/Yrlr/rif~tv/~p~t
pf/~/!~ptp~~~~~t~//VrI/>>~//Vvr/vi,l~vif/~B//~~/~~/~f/~/t~!~~~t~~~~~t
~gt#~~#J
The fee for formation of a reimbursement district shall be the Required
Feelsl.
15.51.020 Fees and/or installation requirements for traffic signals.
All pri vate developers of either res ident i a 1, commercial or i ndustri al
properties in the city of Chula Vista shall be required to pay a 1hg
Required fFeel1l ~~//pt~~~~t'I//~~~jg~~t~p///pt//~~//~ftl//j~//t~~//f~t~t~//~~
~~~~~~~///YrI/t~/rl#r~r/I~/#Mp./'JJ~ and/or to install traffic signals in
the publ ic streets of the city in accordance with the council pol icy as
adopted by Resolution No. 9221, and as said policy may hereinafter from time
to time be amended.
17.02.010 State and lacal environmental review process-Fees.
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. The council ~~~1' has also by resolution
pt~YIr)~//ft established the Reauired fIeeill ~t~ft~pJft//AI-(/~//fv~//I~
t~~/~~~t~t/f~~/~t~~p~,~ for the environmental review of projects.
17.08.050 Fees-Payment Required When.
The property owner/applicant desiring to encroach into the open space
maintenance district shall pay ~ the Reauired fEee~ r~/M#/~/#
~p.~/~/p.pn#f, to cover the cost of investigation and processing of
such requestf/~~I/~At/'//!f//~/~/~f,//~~~~'r)~t~r)/~//rtN/tJti
tp~~t!l'//rtN/rvV/f,~AJJ/~/r'J'.~/f,~~/t~~/~AA/fcf9YY~il//$~~~/I~/yt/~pt
t~f~~p~~'~.
WPC 10571 (Rev. 4/14/92) - Pg. 54
Proposed Revisions to Municipal Code
/ "'A (/1
1/ / i,
...../ / ./ ,.,
17.10.070 In lieu fees for land dedication and/or park development
improvements.
A. In lieu fees for land dedication: If, in the judgment of the city,
suitable land does not exist within the subdivision, or for subdivisions
containing 50 lots or less, the payment of fees in lieu of land shall be
required. In such cases, the ~~//pf//~v Required ffee11l shall
be t~~//~~p~~t//~~t~~'!~~~p//~i//t~~//~!ti//tp~~t!,//!~//t~~//~~~t~t//f~~
#'/t#/J"# /VI / t/~/.,bNio*/lJW /~p.'I based on the area to be dedi cated as set
forth inSect ion 17.10.040. However, when a condomi n i um project, stock
cooperat i ve or communi ty apartment project exceeds 50 dwell i ng uni ts,
dedi cat i on of land may be requi red notwi thstandi ng that the number of
parcels may be less than 50.
Where the city deems that a combination of dedication and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision, it
may require such combination. Provided, however, the city council may,
by resolution waive all or any portion of said dedication or in lieu fee
requirements in the interests of stimulating the construction of housing
for low and moderate income families.
Res i dent i a 1 motels and hotels and trans i ent motels and hotels shall be
required to deposit the Required !fees in 1 ieu of dedication of land
t~~~!t~p/~/$~ttJp~/!Vr~~/pAtf,~//rv/~/f~~'I/~/t~~/~/f~~
#~~p~'~.
B. In lieu fees for park development improvements: If, in the judgment of
the city, suitable land does not exist within the subdivision, or for
subdivisions containing 50 lots or less, the payment of fees in lieu of
developing improvements shall be required. In such cases, the amount of
the Required ffee11l shall be t~~//~~p~~t//~~~~~'!~~~p//~i//t~~//t!ti
tp~~//!~//r'J'.~/AFtrv~//f~/~fiV/~i//t~~~l~~!P~//~~~ based on the
improvements required in Section 17.10.050. However, when a condominium
project, stock cooperative or community apartment project exceeds 50
dwell i ng units, improvements may be requ ired notwithstandi ng that the
number of parcels may be less than 50.
Where the city deems that a combination of improvements and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision, it
may require such combination; provided, however, the city council may, by
resol ut ion waive all or any port i on of sa i d improvements or in 1 ieu fee
requirements in the interests of stimulating the construction of housing
for low and moderate income families.
In the event the city determines that the improvement of the parkl and
shall be delayed for a substantial period of time after the parkland has been
dedicated, the subdivider shall not be required to install such improvements,
but instead shall pay the Required !feelll #/f./fN/fptt~/~/t~~/~/f~~
~t~~p~,~ for the value of improvements required in Section 17.10.050.
Res i dent i a 1 motel sand hotels and trans i ent motels and hotels shall be
required to deposit the Required ffees in lieu of park development
improvements t~A~!t~'I//fp./~vr/YrVV/!Vr~~/~/~/~/!~/J~//t~~
~~~t~t/f~~/~t~~p~,~,
WPC 10571 (Rev. 4/14/92) - Pg. 55
Proposed Revisions to Municipal Code
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17.16.270 Violation-Penalty.
"~'I/W/.iWN'rIrI/#pJ~t# It is unlawful to intentionallv fail to comolv
~ the terms of this chapter or any permit issued hereunder ~~~JJ/~V
g~nti / /rY / A' /~!#~~~I.~~t1 / lPWy~trfW / ~I;/ /~/ MW / /1#/ N'lr/vvrlrr/rJ / IAA# /~~~pt#
PP"~t~/ftni/~'I/~/~pt/~/~!~/~I/pt/ftr.f/~pt~/~/f!~~
#p/ ~~/ / /Wrftl/#t#N AWW /~~/ ~,.wnw /~f I N /i#tvJW /pff~~#
fpt / #tN AW /W~ I~~i / PI/ MtMM' MVI7Wf /rli,ltr~rj /'/I~H~/ ANi/ ~ NrrfYt'lYr/~ II~
~p~~!tt~p'//~~/An1//p~r~f':':~~//~/AWW/~v//~P~A~tt//~//tVV//~~~~
p~~!~~~~~t/~~/fpt/t~~/pt!g!~~'/pff~~~~.
18.04.040 Criteria for division and development of land--Adherence to general
plan zoning ordinance, and, where applicable, local coastal program
required.
The general plan of the city, as presently adopted or as it may hereafter
be amended, is accepted as a guide for the use of all land within the
boundaries of the city and for those properties located in the unincorporated
area wherein land use is defined in said general plan. All land shall be
subdivided and developed in accordance with the provisions and regulations of
the comprehensive zoning ordinance of the city as it may be applied to the
property subject to subdivision at the time of the filing of a subdivision
map, or in accordance with such zoning as may later be applied to the property
as a condition of a zoning ordinance incorporating land into a particular zone
subject to the fil ing of a subdivision map. In the coastal zone, as defined
in Public Resources Code Section 30103, the certified local coastal program
shall constitute the standard for all use of land. No subdivision approval
shall be given to any project located in the coastal zone which is found to be
in conflict with the certified Local Coastal Program. The type and intensity
of land use as shown in the Bayfront Land Use Plan shall determine the types
of streets, roads, highways, utilities, and public services that shall be
provided by the subdivider. For lands within the coastal zone, the subdivider
shall obta in a coastal development permit, ,as prescri bed i n 'I>#t!p~ Chaoter
19.92 Pf/~/'1>#ftp#/M#/vfN//PY~p./ in addition to the other requirements
of this Code.
18.16.240 Construction prerequisites--Security arrangements--Cash deposits.
In li eu of the faithful performance and 1 abor and materi al bonds, the
subdivider may submit cash deposits under the conditions hereinafter
described. Total cash deposit surety shall contain:
A. A faithful performance cash deposit in an amount deemed sufficient by the
director of public works to cover fifty percent of the total cost of all
required on-site and adjacent off-site improvements including twenty-five
percent of grading and slope planting expenses as applicable.
B. A labor and material cash deposit in a like amount.
C. A monumentation cash deposit in an amount stipulated by the engineer of
work to cover the cost of placing lot corners and other related
monuments. The agreement re 1 at i ve to a cash depos it for monumentat i on
purposes shall be drawn and utilized in conformity with Section 11592 of
the Business and Professions Code.
WPC 10571 (Rev. 4/14/92) - Pg. 56
Proposed Revistons to Municipal Code
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Disbursements from cash deposits shall be made in accordance with separate
agreement between the subdi vider and the ci ty. ,. The ReQui red bookkeepi ng
ffeelll 'If / /rIrN / W,.wN /N/ /'I'J'.v/ NrNtv / ~ /Mppf,Jt#/ Nf~/ M# / ~/ /fP!
~~~~///r/t~//~//>>p~P. shall be submitted with each such bond.
Disbursements fram a cash deposit filed with an approved escrow agency shall
be made in accordance with separate agreement between the subdivider and the
city. Disbursements from a cash deposit in any instance shall not be
permitted unless and until authorized in writing by both the subdivider and
the director of public works.
18.24.050 Fee for examination.
At the time of filing an adjustment plat, there shall be paid to the city
~~ the Required examination ffee(s) t'l/An1vi~/~I/#'//~/~
~~/!~/t~~/f~t~t~/~~~~p~p,/!~/t~~/~~~t~t/f~~/~t~~P~'~ for each such plat.
18.28.010
Deposits for street trees--Required--Amounts--Disposition--Labor
costs.
A. The subdivider is required to install approved street trees in accord with
Section 18.32.110 as lots within the development are occupied. For those
street trees whi ch have not been i nsta 11 ed at the time of acceptance of
publ ic improvements, the subdivider shall deposit with the director of
finance the Reauired deoosit Feelsl fp"p~!~g/~~p~~t~/.
1/ ypt//cVVV/fp.rvrfr/r/~ptf,//Ii~~/'~~~/~/'I~yvp.rfffryv/!~/ItV/~tt~~t
ffp~t~g~,/~~~~~tilf!'I~/pp"~t~/p~t/'pti
~J Ypt/~"/pt~~t/!~t~t!pt/'pt~'/p~~/~~~pt~~/f!ftl/pp"~t~/p~t/'pti
~J Y pt / MN /r/rNrN( /l ptf./ MtM' NW~vr / ft#tfi-M/ M' /Y~# / 11M' frIrIrI /~~~pt~p
~~~~~tllf''I~/f~~t'/p~~/~~~pt~p/f!ft'l/pp''~t~/p~t/'pti
~J Y p; / fi-n/ #JtNt/ Mill MtM' MiAA1/ /Wr/rNtrir /W N~~ /'J'.~y.rf,t~rf,/ ##~tllf!#
f~~t/pt/~pt~'/t~t~~/~~~pt~p/pp"~t~/p~t/'ptJ
B. No acceptance of public improvements shall be given until such sums are
received by the director of finance. Such sums shall be deposited in the
public works street tree trust fund. Sums in this fund shall be used for
the purchase and planting of trees at such time as the lots become
occupied.
C. Costs for labor and equipment required to plant trees for which deposits
have been made shall be determined by the director of public works. The
director of finance shall transfer sums so determined to appropriate
operating accounts upon receipt of a summary of planting costs and request
for transfer of funds from the director of public works.
D. In any instance where the planting of a tree at a specific site is
determined by the director of public works to be impractical or where the
adjacent property owner makes practical objection to the planting of a
tree, the deposit for such tree may be util ized for the purchase and
planting of trees at any location within the publ ic street system of the
city.
WPC 10571 (Rev. 4/14/92) - Pg. 57
Proposed Revisions to Municipal Code
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18.28.020
Preliminary parcel map fee.
Prior ta the submission of a preliminary parcel map with the director of
pl anning for processing, the property owner shall pay to the city clerk ~
the ReQui red ffeelll ~'I/ tWt~ /t#JIJ/'1##// /eN / At.! /r/."l.1 / tw /!~/ ~ /!#pt~
~v~~vrl///nt/M#/~/I~/f,~~. Said fee shall cover the entire
processing of the parcel map to recordation, but shall not include checking of
any requi red improvement pl ans or inspect i on of improvements. Reaui red Fees
shall also be charQed for plan review and inspection of public improvements
for parcel maps /'~j.JJ//W/Ni/,fIr~//#f,;.IJt##J/,//;,t//#/##/tw/!N/rPp
f~t~t~/~~~~p~p//!~/t~~/~~~t~t/f~~/~t~~p~,~.
18.28.030
Tentative and vestinQ tentative mao map fee~.
Prior to the submission of a tentative map or a vestinQ tentative mao to
the planning department for processing, the property owner or subdivider shall
pay to the city ~ the Reauired filing ffeei1l ~/.//pt~~~~t1'l//rI~'Ifg~trv~/
pt//t'l//litY/~/~/JIW/tpt~t~//~~~~~~~'//fp./~~/~/I~/f,t~~~/.///~~I
~pp!t!p~~'//fpp//f~//tif//~~/~/A&//~tQ//tp~~//t~/.pJptJp~//fpt
ptpt~~~!~g/~/~~~tj~g/t~~t~t!~~/~~pJ
18.28.040
Final map and improvement plan fee.
Prior to the submission of a final map and improvement plans or any
portion thereof to the planning department and/or the director of public works
for processing, the property owner or subdivider shall pay to the city ~
the Reaui red fll i ng ffeelll AS/ Nrv'l~~rrl / /W:!1f#MA1,/ /;,t/ /W /~#/ /Vv / /IN /~v
f~t~t~/~~~~p~p//!~/t~~/~~~t~t/f~~/~~~~p~'~.
18.28.050
Public works inspection--Computation of fee.
Following council approval of the final map but prior to the recordation
of said map, the property owner or subdivider shall pay to the city ~ lli
Required fIeei1l ~~//pt~~~~t'I//p~~!g~~t~;,///pt//~~//~~I//~~//!~//t~~//f~t~t~
~~~~;,~p//!~/t~~/~~~t~t/f~~/~t~~;,~,~.
18.28.080
Recordation fee.
Upon the filing of the final map with the city council, the property owner
or subdivider shall deposit with the city clerk the Required Feelsl t/MIn
#ff!##t to cover the cost of recording the map////W//I#M/'1tJi
~~~!g~~t~p///pt//At.!/~//nt//W~//f~t~t~//>>~//~//~/~~//~t1r~;//f~~
~~~~;,~,~. Upon recordation of the final map, the property owner or
subdivider shall submit to the city engineer one duplicate mylar print of the
recorded final map together with eight blue-line prints of the recorded final
map.
WPC 10571 (Rev. 4/14/92) - Pg. 58
Proposed Rev;s;ons to Munic1pal Code
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18.28.090
Public works inspection--Additional payments required when.
In addition to other Required Fees ~v/IrIIJ.SMt//ff/f//#M/J/JM relative to
publ ic works inspections, subdivider or contractor shall pay to the city,
prior to the acceptance of publ ic improvements in any subdivision or street
right-of-way or easement for public purposes, the Requi red Fee(s) l.rt.r/i,lp,r/ AS
pt~#~tli/ MM,9/WMI,/ /rtrI /~'I/twJ/ /W /~v/fJ'4'1#/ #i /~Vrlrlvrll /!~/ MkI lri~trlW /f~~
#~~p~'~ for those public works inspections undertaken outside of regular
working hours or on Saturdays, Sundays and legal holidays during the course of
construction of any public improvements.
18.48.050
Certificate of compliance--Application procedure--Documents to
be submitted--Fee.
A. Appl ication:
1. Application for a certificate of compliance shall be made with the
, planning department in accordance with the following specifications:
a. The plat shall be drawn on a form prescribed by the director of
planning. Such forms are available in the planning department
upon request;
b.
2. Each
a.
b.
c.
d.
e.
f.
The plat shall be drawn to a minimum scale of one inch equals
one hundred feet (1" - 100').
plat shall contain the following information:
A plat number, as issued by the planning department;
North arrow and scale;
Name, address, telephone number and signature of owner(s);
If prepared by an engineer or surveyor, his name, address,
telephone number and registration or license number;
A vicinity map with north arrow and scale indicated;
Suffi c i ent 1 ega 1 descri pt i on of the 1 and to defi ne the
boundaries of the ownership involved and the tax assessor's
parcel number(s);
g. The boundaries, to be shown as a solid line, with bearings
(directions) and distances labeled along boundaries;
h. The net share of subject parcel;
i The location, width and names, if any, of all existing streets
providing access to the property and the location, width and
purpose of all easements which lie within or immediately
adjacent to the exterior boundaries of the parcel;
j. Full identification of all referenced maps, by map type and
number;
WPC 10571 (Rev. 4/14/92) - Pg. 59
Proposed Revisions to Municipal Code
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k. The location of all existing buildings and structures and their
uses, the di stance between such buil di ngs and structures, and
the distance between each building or structure and the boundary
of the lot;
1. A statement of the existing zoning and any proposed zoning.
B. The request for certification shall also include:
I. A legible copy of the current owner's grant deed;
2. Documentation of recorded access to the subject property unless
abutting a public street;
3. AI//~~//f~/~/~VifVY/frvv//rlr/YY~t'l The Required filinQ
Feelsl.
18.54.100 Exceptions granted by board of appeals.
The board of appeals and advisors of the city as established under Section
15.08.030 is authorized to grant exceptions to the provisions and requirements
of this chapter. The Reauired Feelsl shall be charQed for orocessinQ all
aooli cat ions for an aooea 1 heari nQ before the Board of Aooea 1 sand Advi sors.
The board must make the following findings in each and every case, as a
prerequisite to its granting of an exception:
1. The appl ication of certain provisions or requirements of this chapter
would cause practical difficulties, unnecessary hardships, and result
which are inconsistent with the general purpose and intent of this chapter.
2. There are exceptional circumstances or conditions applicable to the
property or the proposed development which do not apply generally to other
properties or developments governed by this chapter.
3. The granting of the exception will not be materially detrimental to the
publ i c welfare or i njuri ous to property or improvements, and wi 11 not
result in increased flood heights, additional threats to public safety, or
extraordinary public expense.
4. The granting of the exception will not create nuisances, or cause fraud
on, or the victimization of the public.
5. The granting of the exception will not result in the increase in flood
levels during the base blood discharge.
6. The exception, under the circumstances, is the minimum ordinance deviation
necessary to provide the applicant sufficient relief.
7. The applicant has bee notified that the use of the exception could result
in a substantial increase in flood insurance rates, and increased risk to
life to life and property.
WPC 10571 (Rev. 4/14/92) - Pg. 60
Proposed Revisions to Municipal Code
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8. The city will retain an official record of all exceptions, and will report
thereon in its annual report to the Federal Insurance Administrator.
B. This section shall not apply in the coastal zone.
19.06.010 General plan-Statutory authority-Scope.
Sections 65300 through 65361 of the Government Code of the state relating
to the authority for and scope of general plans, and the method of adoption of
general plans are hereby adopted and incorporated herein by reference as
though set forth in full. The fee for processing general plan amendments
shall be At/ A*~ !iffti}1]\ttr!ftcYl N;/#//.I69/ NI Nrfft/f'/.':'/.;~/'P#~'/IW/~;
~~~t~t/f~~/~~~~p~'~ the Required Feelsl.
19.07.010
Specific plans-Statutory authority-Scope of.
Sections 65450 through 65507 of the Government Code of the state relating
to the authority for the scope of specific plans, and the procedures for the
adopt i on of speci fi c plans, are hereby adopted and incorporated herei n by
reference as though set forth in full. The fee for processing specific plan
amendments and speci fi c plan development proposal s or modlfi cat ions shall be
~~/~~t/fptt~/!~/t~~/~~~t~t/f~~/~t~~p~,~ the Required Feelsl.
19.08.040
Violations-Subsequent application-Fee.
An application filed subsequent to the violation of any of the provisions
of thi s t itl e for the purpose of determi n i ng, after the fact, compliance
therewith shall be accompanied by ~ the Required filing ffeel1l ~~//'I~':
fptt~/!~/t~~/~~~t~t/f~~/~~~~~~'~/pf/t~~/~jti.
19.12.030 Rezoning-Application required-Filing fee.
Applications for any change in zone boundaries, classification or
reclassification of zones made by one or more owners or parties of interest in
the property within the area to be affected by the proposed action shall be
filed with the director of planning, accompanied by such data and information
whi ch woul d insure a full presentat i on of the facts and ci rcumstances to
justify the reasonableness of the proposed action. Said application shall be
in a form as approved by the planning commission and shall be affirmed by the
applicant. Each application shall be accompanied by ~ the Required filing
ffeelil ~~/~~t/fptt~/~i/t~~/~~~t~t/f~~/~t~~p~'~/pf/t~~/t!ti.
19.12.140 Prezaning-Procedure generally-When effective-Deposit required.
The city council may prezone unincorporated territory adjoining the city
for the purpose of determining the zoning that will apply to such property in
the event of subsequent annexation to the city. The method of accomplishing
this prezoning shall be as provided by Sections 19.12.010 through 19.12.120 of
this chapter. At the time of aool ication for orezoninQ. the aoolicant shall
WPC 10571 (Rev. 4/14/92) - Pi. 61
Proposed Revisions to Municipal Code
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deoos it with the Pl anni na Deoartment the ReQui red Fee I s 1 in accordance with
Section 57004 of the Government Code. Such zoning shall become effective at
the same time that the annexation becomes effective.
19.14.030 Zoning administrator-Actions authorized without public hearing.
The zoning administrator is authorized to consider and ta approve,
disapprove or modify applications on the following subjects, and/or issue the
following required permits without setting the matter for a public hearing:
A. Conditional use permit: The zoning administrator shall be empowered to
issue conditional use permits, as defined herein, in the following
circumstances:
1. Where the use to be permitted does not involve the construction of a
new building or other substantial structural improvements on the
property in question.
2. Where the use requiring the permit would make use of an existing
building and does not involve substantial remodeling thereof.
3. For signs, as defined herein, and temporary tract houses, as limited
herein.
4. The zoni ng admi ni strator is authori zed to cons i der and to approve,
deny, or modify appl ications for conditional use permits for
carnivals and circuses. The zoning administrator shall set the
matter for public hearing in the manner provided herein.
5. Churches.
B. Variances: The zoning administrator shall be authorized to grant
variances for limited relief in the case of:
1. Modification of distance or area regulations;
2. Additions to structures which are nonconforming as to sideyard, rear
yard, or lot coverage, providing the additions meet the requirements
of the zoning ordinance affecting the property;
3. Wall s or fences to exceed hei ghts permi tted by ordi nances.
Modifications requested in said applications for relief to be
administered with the requirement for a public hearing shall be
1 imited to deviations not to exceed twenty percent of the
requirements imposed by ordinances.
C. Site plan and architectural approval: The zoning administrator shall be
empowered to grant site plan and architectural approval as provided herein.
D. Performance standards procedure. The zoning administrator shall be
authorized to issue a zoning permit for uses subject to performance
standards procedure, as provided herein.
WPC 10571 (Rev. 4/14/92) - Pg. 62
Proposed Revisions to Municipel Code
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E. Home occupat ions:
permits for home
19.14.490.
F. Fees: ,. The Required ffeelil r~///~~///~~p~~~///~///~~B
p~~!g~~t~p//pt//~~//~~i//~~//!~//t~~//f~t~t~//~~~~p~p//!~//t~~//~~~t~t//f~~
#~~p~'~ shall accompany each application for a variance or conditional
use permit or modifications thereto considered by the zoning administrator
without a public hearing.
The zoni ng admi ni strator shall be authorized to grant
occupations, as defined and regulated in Section
In regard to appl i cat ions on any of the aforementioned subjects, the
zoning administrator shall set a reasonable time for the consideration of the
same and give notice thereof to the applicant and to other interested persons
as defined in this title. In the event objections or protests are received,
the zoning administrator shall set the matter for publ ic hearing as provided
herein.
19.14.070 Conditional use permit-Applicatian-Fee-Public hearing.
Applications for conditional use permits or modifications thereto shall be
made to the planning commission in writing on a form prescribed by the
planning commission and shall be accompanied by plans and data sufficient to
show the detail of the proposed use or building. The appl ication shall be
accompanied by ~ the Required ffeelil ~'I//pr~'I~p.':ri//p~~!g~~t~pJ/lpt//AI>
~i/NY/':'J'.~///JNJtA'!VV/~#/i#p./'/NY/~~/ftl,8##//fW/#~~p.,Jr~. The director of
planning shall cause the matter to be set for hearing in the same manner as
required for setting zoning matters for hearing. The director of planning or
the planning commission shall have the discretion to include in notice of the
hearing on such application notice that the planning commission will consider
classification of other than that for which application is made and/or
additional properties and/or uses. In those cases where the application
conforms to the requirements of Section 19.14.030A, the application shall be
directed to the zoning administrator.
19.14.160 Variance-Fee required.
The fee. no Dart of which shall be refundable. for a variance or
modification thereof shall be the Reouired Feelsl ~~/~/;,#!~~##"
(Jt/ A4' /riff /I~/ JIW /MWv /~~/ ~/ /W /':~~/Ir#>J#'/ /WV /#~~~.,Jl~' / MlIP'W'V /pf
~~!t~/~~~"/~~/t~f~/ip~~'~.
19.14.260
lilDi t
for
Conditional use permit or variance-Time
utilization-Void when-Extensions-Validity.
Any conditional use permit or zone variance granted by the city as herein
provided shall be conditioned upon the privileges granted being utilized
within one year after the effective date thereof. A variance or conditional
use permit shall be deemed to be utilized if the property owner has
substantially changed his position in reliance upon the grant thereof.
Evidence of change of position would include completion of construction or any
expenditures of money by the property owner preparatory to construction and
shall also include the use of the property as granted. If there has been a
WPC 10571 (Rev. 4/14/92) - Pg. 63
Proposed Revisfons to Municipal Code
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lapse of work for three months after commencement, the conditional use permit
or zone variance shall be void. The commission may. by resolution, grant an
extension of time contained in a currently valid zone variance or conditional
use permit without a public hearing upon appeal of the property owner,
provided that there has been no material change of circumstances since the
granting of the variance or conditional use permit which would be injurious to
the neighborhood or otherwise detrimental to the public welfare. The fee for
an extension of time for a variance or conditional use permit shall be ~
Required Feelsl ~~/~~t/fptt~/!~/t~~/~~~t~t/f~~/~t~~p~,~.
19.14.360 Planned unit development-Fees.
The fee for planned unit development or modificatian thereof shall be ~
Reauired Feelsl ,'I/~;~~~~t1'l/~/I~/~/''I/~~'I//I/V~/fi,IYi,lrv/~~/~
!~/t~~/~~~t~t/f~~/~~~~p~l~.
19.14.440 Site plan and architectural approval-Fee.
The fee. no Dart of which shall be refundable. shall be the Required
Feelsl ~/~/~~~'g~t':~~J/At//~i/~~i/~/f~/t~~v/~~~~P~pJ/~/~~
~~~t~t/f~~/~t~~p~l~J/~p/p~tt/pf/~~!t~/~~~"/~~/t~f~~~~~,~.
19.14.486
Landscape plan approval-Applicatian-Accompanying dacuments-Fee.
Application for landscape plan approval shall be made to the director of
planni ng and shall be accompan i ed by the drawi ngs and i nformat ion prescri bed
by the landscape manual. Each application shall also be accompanied by ~
the Reauired filing ffeei1l ~~//ivr//f~//I/V/t~~/~t'lrvr/~/~AI/pf
t~~/t!ti.
Home occupations-Permit required
requirements-Revocation when-Appeals.
In any R zone, a customary home occupation may be permitted subject to a
home occupation permit granted by the planning director which is merely
incidental and secondary to residence use. Each such permit shall be
accompanied by ~ the Reauired filing ffeelll t'l//#t///WrlW//fp.//tM
~t~t//f~~//'I~'J'.V~i,lr~. The following are typical home occupations: fine
arts, handicrafts, dressmaking, millinery, laundering, preserving, home
cooki ng, route salesman; or secondary offi ce of a doctor, dentist, lawyer,
architect, engineer, teacher or member of another recognized profession. The
home occupation shall not:
19.14.490
when-Restrictions
and
A. Invol ve the use of power equi pment us i ng motors of more than a total of
one horsepower capacity or the equivalent thereof, unless a use permit
therefor shall have been issued by the planning commission;
B. Generate vehicular traffic in excess of that associated with a residential
use;
WPC 10571 (Rev. 4/14/92) - Pg. 64
Proposed Revisions to Municipal Code
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C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke,
electrical interference, or other causes;
D. Permit any external display of products, merchandise, or any sign to
identify the home occupation. A home occupation permit shall be revoked
by the planning director upon violation of any requirement of this
chapter, or upon any conditions or limitation of any permit issued, unless
such violation is corrected within fifteen days of notice of such
violation, and any such permit may be revoked for repeated violation of
the requirements of this section or of the conditions of such permit.
In the event of denial of any permit, or the revocation thereof, or of
objection to the limitations placed thereon, appeal may be made in writing to
the planning commission, whose decision shall be final.
19.14.510 Zoning permit-Application.
Application shall be made by the property owner or agent thereof on a form
prescri bed by the ci ty, and shall be accompani ed by 1. the ReQui red fili ng
ffee11l ~~/~~~/fpt~~/!~/t~~/~~~~~t/f~~/~t~~p~'~.
19.14.571 Precise plan approval-Application and fee.
Appl i cat i on shall be made on a form prescri bed for thi s purpose by the
city and shall be accompanied or preceded by a zone change application
establishing the P modifying district. ,. The Required ffeelll j.~
pt~~~~t1i/~~//rIV/~'I/~//~/':'J'.~/IAtAtAl~/~~~~~v~I/J~/~jI;ttvVV/f~~
~t~~p~,~ shall accompany the precise plan application.
19.14.577 Precise plan approval-Modifications of the precise plan.
Requests for modifications shall be submitted to the planning director in
written form and shall be accompanied by ~ the Reauired filing ffee11l
~~//~/~//f~//t~~//~///fvv//~~~~~~l~ and such additional maps,
statements or other i nformat i on as may be requi red to support the
modification. If the proposed modification is deemed by the director of
planning to be insignificant in nature, the changes may be approved by the
director subject to the filing of a written report to the planning commission
and city council. If, in the opinion of the director of planning, the
proposed changes are s i gni fi cant in scope, the appli cant wi 11 be notified
within ten days of the written request that a new application and hearing will
be required.
19.14.582 Design review committee-Duties and responsibilities.
A. The design review committee shall review plans for the establishment,
location, expansion or alteration of residential uses or structures in the
R-3 zone, all development and redevelopment within redevelopment project
boundaries, and multiple-family dwelling uses, commercial or industrial
projects or structures governed by the P precise modifying district; and
shall approve, conditionally approve or deny such plans, except when
WPC 10571 (Rev. 4/14/92) - Pg. 65
Proposed Rev;s;ons to Municipal Code
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projects are within the boundaries of a redevelopment project, the
committee shall recommend approval, conditional approval or denial to the
redevelopment agency of the city. The committee shall render decisions on
minor proposals as defined in Agency Resolution No. 71.
B. The design review committee shall also review plans for the establishment,
location, expansion or alteration of multiple family dwelling uses, majar
use permits, commercial, or industrial projects or structures located
within the 1985 Montgomery annexation area, and governed by Chapter 19.70
of this ordinance.
C. The design review committee shall review all appeals filed to contest sign
design rulings of the zoning administrator.
D. The design review committee shall base its findings and action upon the
provisions of the effected design manuals of the city.
E. The design review committee shall prepare and adopt operational
procedures, bylaws and business forms.
F. The design review committee shall submit annual reports on its operations
to the city planning commission and redevelopment agency.
G. The fee for a hearing before the design review committee is the Reouired
Feelsl At/An1~i~/p~~!g~~t~pJ/#'//~'I/~//nt/t~~/~/~~/~I/fp.
t~~/~~~t~t/f~~/j~~~p~l~.
H. The zoning administrator has the discretion, with the concurrence of the
applicant, to act in the place of the design review committee in the case
of minor projects, including signs, commercial and industrial additions
which constitute less than a 25 percent increase in floor area, and
residential additions of two units or less. A decision of the zoning
administrator may be appealed to the design review committee in the same
manner as set forth in Section 19.14.583. The fee for zoning
administrator design review shall be as #tI/frlt':'J'.//nt/NW/,,~~t#//f~~
~t~~p~,~ the Reauired Feelsl.
19.14.590
Fees for appeals and requested actions before the planning
commission and zoning administrator.
For all appeals from actions of the planning commission, zoning
administrator or any appeal filed pursuant to Chapter 19.12 or 19.14, the fee
shall be the Reauired Feelsl At/An1vi~/p.#Jaj!~t#/,/tW/#/N#/~~//IN/~v
N,:o;t~/~//!~/~/~#t~t//frN/#Np.pJft. In addition, any request for
action by the planning commission not specifically covered within the fee
structure establi shed by thi s chapter shall be /IN /~p./ MriNW /M/ /P;~'Iv~'fli
~~~!g~~t~~J/#'//~'I/~/At~/!~/NW/fVtVvv/~j!P.~p.h/~/r~~/~~/If~~/~~~~~~1~
subiect to the Required Feelsl therefor.
19.14.600
Design review approval-Time limit for implementation-Extensions.
Design review approval shall be conditioned upon the plan being implemented
within one year after the effective approval date thereof. Implementation of
WPC 10571 (Rev. 4/14/92) - Pg. 66
Proposed Revisions to Municipal Code
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the plan would include completion of construction or substantial expenditures
of money by the property owner preparatory to construction. If there has been
a lapse of work for three months after commencement, the approved plans shall
be vaid. The Design Review Committee or the Zoning Administrator may grant an
extension of time far a currently valid plan upon appeal of the property owner
provided that there has been no material change of circumstances since the
original grant of approval which would be injurious to the neighborhood or
otherwise detrimental to the public welfare. The f~~ aoolication for an
extension of time shall be M//AW/I#'MY/NY//rNfI/##Vrtrl//fvv//'IrtWrll/Yv
accomoanied bv the Reauired Feelsl.
19.48.040
Application-General development plan required-Contents required.
A. The application shall include a general development plan which shall
consist of a plan diagram and text. The application shall be accompanied
by ~ the Reauired fIeel1l ~t//'I~'://fr/(rv/IW/~/~tAt//f~~//j~'J'.~P~Y~
pf/t~~/t!t'l. The plan diagram shall show the following:
1. The topographic character of the land;
2. Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4. The approximate 1 ocat i on of all traffi c ways; except those sol ely
serving abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and
undisturbed natural land; and,
6. The approximate location of different residential densities of
dwelling types.
B. The application shall include a text which indicates:
I. Descri pt i on of the project, i ncl udi ng the boundari es and names of
praposed sectional planning areas;
2. The anticipated sequential development of each section of the
development for which specific uses are intended or for which
sectional planning area plans will be submitted;
3. The approximate area of each sectional planning area of the
development and the area of each separate land use;
4. For residential development or residential areas of any P-C zone
development:
a. The approximate number of dwell ing units proposed by type of
dwelling. This may be stated as a range with maximum and
minimum number of units of each type,
WPC 10571 (Rev. 4/14/92) . Pg. 67
Proposed Revisions to Municipal Code
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b. The approximate total population anticipated in the entire
development and in each sectional planning area. This may be
stated as a range with a maximum and minimum number of persons,
c. The general criteria relating to height, open space, and
building coverage,
d. The number of dwelling units per gross acre proposed far each
sectional planning area of the development,
e. The approximate land area and number of sites proposed for
public use of each type,
f. Where appropri ate, the approximate reta 11 sal es area space in
square feet and gross area in acres proposed for convnercial
development with standards of off-street parking and landscaping
and circulation for vehicles and pedestrians;
5. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sect tonal
planning area thereof,
b. Anticipated employment in the entire development and in each
sectional planning area thereof. This may be stated as a range,
c. Methods proposed to control or 1 imit dangerous or objectionable
elements, if any, which may be caused or emitted by proposed
uses. Such dangerous or objectionable elements may include
fire, explosion, noise or vibration, smoke, dust, odor, or other
form of air pollution, heat, cold, dampness, electric or other
di sturbance, gl are, 1 i qui d or soli d refuse or waste or other
substance, condition or element which might adversely affect the
surrounding area,
d. The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street
parking and loading proposed for the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any
P-C zone:
a. Approximate types of uses proposed in the ent i re area and each
sectional planning area thereof,
b. Significant applicable information with respect to enrollment,
residence, employment, patients, attendance, and other pertinent
social or economic characteristics of development,
c. The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street
parki ng and 1 oadi ng, proposed for the intended structures or
uses.
WPC 10571 (Rev. 4/14/92) . Pg. 68
Proposed Revisions to Municipal Code
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d. Determination of the amount of acreage required to be designated
far "community purpose facil ities" pursuant to Section
I9.48.101(c).
19.48.080
General development plan-Modification requests and procedures.
A. From time to time it may be necessary and desirable to modify the approved
general development plan. Modification of such a plan may be initiated by
the property owner, his authorized agent or developer.
B. Requests far modifications shall be submitted to the planning commission
on a prescribed form and shall be accompanied by such additional maps,
statements, or other information as may be required to support the
proposed modification and the Reauired ffeel1l ~'I///pt#~~)8
p~~!g~~t~pJ//r/t//ti/,wy/~//IIV/t~~//fi,l':i,lt~//~v~ifvrll/~/~/~tAt//f~~
#~~p~'~.
C. The planning commission shall conduct a public hearing on all proposed
modifications. The planning commission may recommend approval,
conditional approval, or denial of a proposed modification to the city
council, which shall conduct a public hearing thereon.
D. Modification to an approved general development plan shall be made only by
resolution of the city council. Within thirty days after receipt of a
recommendation from the planning commission, the city council shall
approve or deny the proposed modification.
Sectional planning areas and sectional planning area plans-
Requirements and content.
A. All P-C zones shall be divided into sectional planning areas. These areas
of subcommunities shall be depicted on the plan diagram of the general
development plan of a P-C zone, and shall be addressed in the text thereof.
19.48.090
B. Sectional planning areas shall be composed of identifiable planning units,
within which common services and facilities, a strong internal unity, and
an integrated pattern of land use, circulatian, and townscape planning are
readily achievable. Wehre practicable, sectional planning areas shall
have discernible physical boundaries.
C. Prior to any development within a sectional planning area, the developer
shall submit a sectional planning area plan, accompanied by the
f~p.##t~ Reouired filing ffeelll t'l//pt##tJi//~I//r/t//M
~~i//!~//t~~/If~t~t~//~~//~~~~P~~J//!~//t~~//~~~t~t//f~~//~t~~p~,~, and a
completed, official application, to the planning commission for public
heari ng, cons iderat i on, and recommendatory act i on, unl ess such sect i ona 1
planning area plans are not required by the text of an adopted general
development plan. The sectional planning area plan shall include the
following site utilization plan and documents.
WPC 10571 (Rev. 4/14/92) - Pg. 69
Proposed Revisions to Municipal Code
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1. A site utilizatian plan of the sectional planning area at a scale of
one inch equals two hundred feet mi nimum or as determi ned by the
director of planning. The plan shall extend a minimum of three
hundred feet beyond the boundaries of the sectional planning area and
show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
c. Preliminary grading (including slope ratios and spot elevations
where appropriate);
d. Existing and proposed streets (This shall include all public and
private streets as well as their approximate grades and typical
widths. The names of the existing streets shall be indicated);
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
i. Permanent physical features (i .e., water towers, transmission
towers, drainage channels, etc.);
j. Land uses (include the acreage of each) for;
(1) Parks,
(2) Open space,
(3) Schools (indicate type),
(4) Public and quasi-public facilities (include type),
(5) Residential:
Dwelling type (i .e., single family, duplex, attached,
etc. )
Lot lines
Lot size
Number of units (indicate density for each dwelling
type)
Parking (covered or open parking and parking ratio)
Typical floor plans and site plans at a minimum scale
of one inch equal s twenty feet. (The site plan shall
include sufficient detail of adjacent development to
determi ne the rel at i onshi p of dri veways, 1 and scapi ng,
walks, buildings, etc.)
WPC 10571 (Rev. 4/14/92) - Pg. 70
Proposed Revisions to Municipal Code
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The building elevations of each type of structure
(including exterior colors and materials)
(6) Commercial:
Location and proposed use of each structure;
The building elevations and floor plans of each
structure (include exterior colors and materials);
Retail floor area (square footage);
landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(8) Industrial:
Location and proposed use of each structure;
The building elevations and floor plans of each
structure (include exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(9) Community Purpose Facilities:
Locat i on and acreage of sites, in conformance wi th
Section 19.48.020C.
A specific listing of types of uses to be included in
this category, which are compatible with the permitted
uses in the planned community.
As to any land uses designated on the sectional
planning area plan for use as community purpose
facil ities:
(a) Conditional Interim Uses Permitted After 5
Years. The City Council, upon receiving the
advice and recommendation of the Planning
Commission, may, after five (5) years of non-use
as a community purpose facil ity after the
issuance of the first certificate of occupancy on
a structure in SPA Plan areas, in accordance with
the procedures for issuance of condi t i ona 1 use
permits contained in Chapter 19.14 of this Code,
conditionally permit interim, non-permanent,
non-residential uses which are not community
purpose facil ity uses that Council finds (1) the
interim use to be compatible with the surrounding
land uses (2) that the community purpose
faciliaty use is not imminently likely; and (3)
that denial of an interim use would constitute a
further hardship to the landowner. If an interim
use is permitted by the City Council, it shall in
no event be terminable within said, 5 year period
WPC 10571 (Rev. 4/14/92) . Pg. 71
Proposed Revisions to Municipal Code
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upon one year's advance notice of intent to
terminate said conditional use permit by the City
Council. City Council shall give such one year
not i ce upon bei ng advi sed of a sale or 1 ease by
the owner to purchaser or tenant for use as a
community purpose facility.
(b) Review by City Council. For each approved
sectional planning area plan on which is
designated one or more community purpose facility
uses, City Council shall review said plan
annually for the purpose of determining the
actual market interest in the purchase or 1 ease
of land so designated and the marketing activity
associated therewith.
2. Development standards (i.e., permitted land uses, lot coverage,
height and bulk requirements, signs, etc.) for each land use area and
designation.
3. Development to occur in phases shall be so indicated on the plan. A
skeletal pl an shall be prepared for those areas indicated for future
development. The skeletal plan shall indicate circulation, building
locations, preliminary grading, areas devoted to landscaping, density
and parking. The submission of each subsequent phase will require a
new application and ~ the Required ffeei1l ~~///pt~~~~~l'l
p~~!g~~t~pJ/#'//~'I/~//rif/t~~/~/~~/~I/rp./JlWftV?~~/f~~
~~~~p~l~J for a modification of a sectional planning area plan,
together with the required detail plans.
19.58.370 Outside sales and display-Permanent and temporary.
A. Permanent: The permanent outside sales and display of merchandise,
including vending machines of all types and coin-operated amusements,
shall be permitted only when incl uded as part of an approved site plan
subject to the conditions herein. Service stations are subject to the
provisions of Section 19.58.280.
I. The following items shall be considered for outside display:
a. Vending machines of all types;
b. Coin-operated amusements, excluding games such as pinball
machines;
c. Vehicles of all types, including boats;
d. Magazines, newspapers and books;
e. Flowers, including artificial;
f. Art displays;
g. Pl ants;
WPC 10571 (Rev. 4/14/92) - Pg. 72
Proposed Revisions to Municipal Code
i/ " /'L/
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h. Model storage buildings, patios and additions;
i. Any other item which is determined by the planning commission to
be of the same general character;
j. Any ather item specifically approved by the planning commission
to be displayed in an area specifically designed for said
merchandise.
2. Conditians:
a. Vending machines and coin-operated amusements shall whenever
possible be within an enclosed area or structure specifically
designed to accommodate said items;
b. The outside display shall not interfere with pedestrian or
vehicular circulation;
c. Model storage buildings, patios and additions shall not be
located in any area facing a major or collector street, or at
the main entrance to the building;
d. Plants shall be the only items, in a plant nursery, visible from
the street;
e. No outside display shall be of such size or quantity as to alter
the architectural appearance of the building;
f. A ten-foot landscaped area shall be provided between vehicle
display areas and the street. Any item not located within a
building or solid enclosure shall be deemed to be outside
display and subject to the conditions herein.
3. The following merchandise shall be expressly prohibited for outside
display:
a. Furniture;
b. Clothing;
c. Appl iances;
d. Play equipment;
e. Dry goods;
f. Soil additives;
g. Tires, excluding service station as provided herein;
h. Used goods, except as provided herein;
B. Temporary: Temporary outside sales and display of merchandise for a
period of twenty-four days in any calendar year, but not exceeding seven
consecutive days, shall be permitted upon approval of a temporary outside
sal es permi t by the zoni ng admi ni strator. Not more than six permits a
year shall be issued to anyone business or shopping complex. Each such
permit shall be accompanied by ~ the Reauired filing ffeelll ~~
~~t/fptt~/!~/t~~/~~~t~t/f~~/~t~~p~,~,
WPC 10571 (Rev. 4/14/92) - Pg. 73
Proposed Revisions to Municipal Code
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Upon application for a permit, the applicant shall submit two site plans
showing the location of the proposed outside sales area. The plan shall
include sufficient information to insure that the display and sales will
be conducted in a safe and proper manner and will not obstruct traffic or
cause a hazardous condition based on the standards adopted by the city.
The permit shall designate the commencement and termination dates.
I. Other required conditions:
a. The application shall be submitted for appraval a minimum of two
days prior ta the requested date of commencement.
b. There shall be a minimum of thirty days between the commencement
dates of the permit.
c. Temporary outside sales are prohibited in the C-O, CoN and C-V
zones.
d. The sales area shall maintain a twenty-five foot setback from
the street when within an area designated for parking.
e. The sales area may utilize a portion of required parking to a
maximum of twenty percent.
f. The sales area shall not interfere with the internal circulation
of the site.
g. Pennants may be used only for safety and precautionary purposes.
h. The sales area shall be kept in a neat and well-kept manner at
all times.
i. Price signs may be used but shall not exceed twelve by sixteen
inches.
j. Other signs may be allowed subject to zoning administrator
approval. Said signs shall not exceed two square feet of lineal
street frontage of the sales area.
k. Promotional items allowed in conjunction with a special event,
such as anniversaries and grand openings, are not subject ta the
provisions herein except when an outside sales permit is
requested.
1. Only merchandise customarily sold on the premises shall be
considered for temporary outside sales and display.
19.58.380 Special events.
A. Any bus i ness may request a permi t for the use of temporary promot i ona 1
signs and promotional items in conjunction with the following special
events: Grand openings, change of business address, change of awnership
or lessee, and business anniversaries. If a business is part of a parent
organization, the anniversary of the parent company may be used in lieu of
the business anniversary during the calendar year.
WPC 10571 (Rev. 4/14/92) - Pg. 74
Proposed Revisions to Municipal Code
/ (,"'7 ~ I d
B. The maximum time limit for a special event shall not exceed fourteen
consecutive days.
C. The applicant shall submit a statement stating the reason for the special
event and indicating the commencement and ending date. The applicant
shall also submit a site plan indicating the location and area of signs
and location of promotional items. Each permit shall alsa be accompanied
by ~ the Required filing ffeeiil ~~//~~t//fptt~//!~//t~~//~~~t~t//f~~
#~~p~l~.
D. Promotional items are subject to the following approval:
1. They may not be located in the front setback;
2. They shall not interfere with internal circulation or eliminate
required parking;
3. They shall not be indiscriminately placed or be of such quantity as
to present a cluttered and unsightly appearance.
E. Pennants may only be used in conjunction with grand openings and change of
ownership or lessee.
F. The planning department shall issue to the applicant a special event
permit, upon approval of the appli cant's request. The reason for the
special event shall be conspicuously displayed on a sign for the duration
of the event.
19.60.020 Installation-Requirements generally-Sign permit required when.
No person except a public officer or employee in performance of a public
duty shall paste, post, paint, print, nail, tack, erect, place or otherwise
fasten any sign, pennant or notice of any kind, or cause the same to be done,
facing or visible from a public street in the city except as provided herein
and elsewhere in this title. To insure compliance with this section a sign
permit shall be required for any sign except as provided hereinafter: Window
signs, real estate signs, subdivision signs, and residential signs, as defined
in Chapter 19.04 herein. Each sign permit shall be accompanied by ~ 1M
Reouired filing fIeelll ~~/~~~/fpt~~/J~/~~~/~~t~~t/f~~/~~~~~~l~.
19.60.070
Charges for moving, removal, correction or other work performed
by the city.
The fees for movinQ. removinQ. correctinQ. storinQ. or doinQ work on a
siQn or siQn structure shall be the Required Feelsl. The city may charge the
fill ##/,4f/ /r#yY~" / / t~t.PjhiM/ m;f'~1 N"IWyr,rg I / pf/ ~ Nr/~/ pN!qI /'IfrJ~
pt//~!g~//;rti,l~':i,lt~ against any of the following, each of whom shall be
jointly and severally liable for said charge:
A. The permittee;
B. The owner of the sign;
WPC 10571 (Rev. 4/14/92) - Pg. 75
Proposed Revisions to Municipal Code
/,/ /l '77
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C. The owner of the premises on which the sign is located;
D. The occupant of the premises on which the sign is located.
19.60.080 Storage of removed signs-Time limit-Recovery procedure.
A removed sign shall be held not less than thirty days by the city during
which period it may be recavered by the owner upon payment to the city fpt
t/r/'IW/P!/~/t~p//.rW'A'#/t~rI/pppNIi/itNfN/Pf/!/IN of the Reauired Fees
as desiQnated in Section 19.60.070. If not recovered within the thirty-day
period, the sign and supporting structures shall be declared abandoned and
title thereto shall vest in the city. The tJi#a#l#f/fI~~ fin may be in
addition to any penalty for the violation, and recovery of sign does not
necessarily abrogate the penalty.
19.60.500 Planned signing program-Application-Fee-Documents required.
Applications for a planned signing program shall be made to the zoning
administrator in duplicate on a form prescribed by the city. The application
shall be accompanied by ~ the Required ffeei1l ~'I///pt~f,~~tJi
~~~jg~~~~~J//pt//Af-V/~/Atr//Y~//':~~//fptpt~//~//~/~V//~t'lrv;//f~~
#~~p~l~. In addition the applicant shall submit, in duplicate, the
following documents:
A. A map drawn to scale deli neat i ng the site proposed to be i ncl uded within
the planned signing program;
B. Drawi ngs and/or sketches i ndi cat i ng the exteri or surface des ign deta 11 s
(elevations) of the buildings upon the site;
C. Drawings, drawn to scale, indicating the size, materials, method and
intensity of illumination, height, color, sign area and general location
of all signs proposed to be included within the planned signing program.
19.62.040
Alternatives to on-site parking.
For any new nonresidential use, structure or building, required off-street
parking which, due to the size or location of the parcel, cannot be provided
on the premises, may be provided on other property not more than two hundred
feet distant by publicly available pedestrian access from said use, structure
or building, subject to a binding agreement with the city as to permanent
reservation of said space and access thereto; or if the proposed
nonresidential use lies within the boundary of a parking district, off-street
parking requirements shall be considered to be met; provided, that any
developer of a new commercial building within a parking district, or a
developer of a commercial addition to an existing building therein, shall pay
the Required ffeelll '#'I~rI/M#Y/~p./Mt#N/~M~l/Nrt/I-'/I#Ulfj#/IPW#ftI/P!
tlW IMI/ /ri~rN I'Il'l'/.~/ PI/ M>-W Nr/rrfr/~/P!/ N# fr/VrI'ivvW I'IWt~//t444'I/JI /tIWV /~#~
t~~~!t~p/tp/~~/p~'I~'pp~~/fpt/p~t~!~g/p~tpp~~~.
WPC 10571 (Rev. 4/14/92) - Pg. 76
Proposed Revisions to Municipal Code
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Master Fee Schedule has not undergone a
comprehensive review and update since August, 1987, and
WHEREAS, the Council wishes to adopt the amended Master
Fee Schedule, as set forth in Exhibit "C", attached hereto and
incorporated herein by reference as if set forth in full, and
WHEREAS, the amendments to the Master Fee Schedule
proposed in this phase of the update are principally administrative
in nature and do not involve fee increases or necessitate a public
hearing,
the City
Schedule
versions
NOW, THEREFORE, BE IT RESOLVED that the City Council of
of Chula vista does hereby adopt the amended Master Fee
as attached hereto, and rthereby repeal all earlier
of said Master Fee Schedule.
Presented by
Approved as to form by
~
Assistant
Lyman Christopher, Director of
Finance
I()J;-I /t~8.'1
Master Fee Schedule/Code Revisions
Exhibit B
A. Fees currently listed in the Municipal Code; to be transferred to the
Master Fee Schedule with correspondinq amendments to the Code:
No.
1.30.080
1.30.120
2.50.130
2.58.050
2.60.060
2.60.150
2.66.310
10.72.050
13.14 .150.C,D
15.08.060
15.44.070
15.50.060
17.08.050
18.16.240
18.28.010
18.48.050
19.60.070
19.62.040
Fee
Nuisance Abatement Appeal Fee
Noncompliance with Order to Abate
Election Recount - Payment of Costs
Planning Annexation Deposit
Recovery of Lost or Stolen Property
Property to Finder - Publication Costs
Park Use - Group Rules - Reservation Cancellation Fee
Bicycle License Fee
Penalty for Late Sewer Service Payments
Compliance Survey Fee
Board of Appeals Hearing - Demolition
Costs of Forming Reimbursement District
Open Space Maintenance District Encroachment Fees
Construction Security Deposit
Bookkeeping fee
Deposit for Street Trees
Certificate of compliance
Removal/storage of Signs
In-Lieu Parking Fee
B. Fees which require code amendments to include lanquaqe collectinq the
"Required Fee(s)":
2.64.020
2.70.030
5.02.040
5.02.150
5.02.190
5.04.060
5.06.020
5.14.030
5.14.060
5.20.040
Golf Course Rules - Regulations and Restrictions
Library Fines and Fees
Investigation Fee - Solicitor
Business License Change of Location
Solicitor ID Cards
Duplicate Business License
Downtown District Assessment
Investigation Fee - Studios
Investigation Fee - Models
Investigation Fee - Card Room
/I)()J
5.20.070
5.26.030
5.35.105
5.36.080
5.36.090
5.36.160
5.36.170
5.38.030
5.38.120
5.48.060
6.12.040
6.20.030
6.20.040
6.20.050
6.20.060
9.06.050
9.06.130
9.11.040
10.56.300
10.60.020
10.84.020
12.08.100
12.12.100
12.20.100
12.20.240
12.24.060
12.24.070
12.28.050
12.28.060
12.40.020
12.44.020
13.14.020
13.14.030
13.14.090
13.14.110
13.14.120
13.14.130
13.14.170
14.16.020
15.04.290
15.08.050-070
15.16.040
15.20.040
15.24.060
Work Permits - Card Room
Investigation Fee - Public Dances
Investigation Fee - Bath Houses
Investigation Fee - Massage Parlor
Investigation Fee - Massage Parlor Employee
Massage Parlor Change of Location
Massage Parlor Sale or Transfer
Investigation Fee - Pawnshop
Investigation Fee - Pawnshop Employee ID Card
Investigation Fee - Closing out Sale
Animal Impoundment Fees
Dog License Transfer Fee
Dog Licenses
Penalty for Late Application or Payment
Dog License Replacement Fee
Alarm Users Permit
False Alarm Penalty
Fraternal Society Gameroom - License application fee
Parking Permits
Curb Loading Zone Permit Fee
Front Yard parking Permit Appeal
Street overload/Transportation Permit
Temporary Encroachment Permit Fees
construction Permits
Driveways; Excessive Width, Fee for Installation
and Fee for Appeal
Waiver of Public Improvements
Deferral of Public Improvements
Encroachment permit, Application Fee
Encroachment Permit and Construction Permit Fees
Street Vacation Fees and Refund Regulations
Street Name and Regulatory sign Fees
Sewer Construction Permit
Sewer Connection Charges
Sewer Capacity Charge
Sewer Service Charges
Sewer Service - Reduced Rate
Sewer service - Variances
Industrial Wastewater Discharge
Storm Drain Fee
Grading Permit Fee Schedule
Building Permits
Mechanical Permits
Housing Permit Fees
Electrical Permits
2
0-- LJ
~./ ,I
15.28.040
15.28.050
15.32.040,070
15.44.050
15.51. 020
17.02.010
17.10.070
17.10.070.B
18.24.050
18.28.020
18.28.030
18.28.040
18.28.050
18.28.080
18.28.090
19.06.010
19.07.010
19.08.040
19.12.030
19.12.140
19.14.030
19.14.070
19.14.160
19.14.260
19.14.360
19.14.440
19.14.486
19.14.490
19.14.510
19.14.571
19.14.577
19.14.582
19.14.590
19.14.600
19.48.040
19.48.080
19.48.090
19.58.370.B
19.58.380.C
19.60.020
19.60.500
Plumbing Permits
Plumbing Permits - Reinspection
Deferral of Undergrounding utilities
Building Demolition
Traffic Signal Participation Fee
Environmental Review
Parkland Acquisition In-Lieu Fees
Parkland Development In-Lieu Fees
Adjustment Plat Examination Fee
Preliminary Parcel Map Fee
Tentative Map Fee
Final Map and Improvement Plan Fee
Public Works Inspection - Computation of Fee
Final Map Recordation Fee
Public Works Inspections - Additional Fees
General Plan Amendment - Fee for
Specific Plan Development Proposal and Amendments
Violations - Subsequent Applications
Rezoning - Application Required - Filing Fee
Prezoning - Procedure - Deposit
Zoning Administrator - cup or Variance
Conditional Use Permit - Application
Variance - Application Fee - Public Hearing
Conditional Use or Variance Modification
Planned unit Development - Fees
Site Plan and Architectural ApprovaL
Landscape Plan Approval
Home Occupation Permit
Zoning Permit
Precise Plan Approval - Required Information - Fees
Precise Plan Modification
Design Review Committee
Fees for Appeals and Requested Actions
before Commission and Zoning Administrator
Design Review Approval
General Development Plan - PC Zone
PC Zone - General Development Plan Modification
sectional Planning Area Plan and Modifications
Temporary Outside Sales Permit
Special Event Permits
Sign Permits
Planned Signing Program - Application Fee
C. Miscellaneous chanqes to the Code:
1.04.080
Required Fee(s)
New Definition;
Authorization for
existing fees
3
! /; /? /
I (/ (I)' S>
1.30.180
2.09.020.E
2.16.030.N
2.58
2.70.010
3.45.010
5.08.060
5.10.040
5.10.110-
5.10.170
5.10.350
5.15
5.40.010
5.56.100
5.64.040
6.02.010
6.02.020
6.12.020
6.12.030
6.12.060
6.16.050
6.20.070
6.28.030
10.24.140
15.08.015
15.08.030
15.08.060
15.08.075
15.08.078
15.16.030
15.20.020
15.28.025
15.36.020
Nuisance Abatement - Fines
Police Chief - Duties
Park and Recreation Director - Duties
Document Fees
Non-Payment of Library Fines
Master Fee Schedule Established
Advertising violations
Ambulance Certificate Investigation
Ambulance Licenses
Ambulance Violation
Automobiles for Hire
Peddler License Tax
Tobacco Violation
Consumer Price violation
Keeping of Certain Animals
Enforcement Authority - Animals
Pound Established
Impoundment and Sale - Animals
Relinquishment of Dogs and Cats
Disposal of Animals
Fees - Exemptions
Rabies Vaccination Clinics - Fee
Red Curb Painting
Unlawful*
New Section;
Authorization of
existing fees
New section
Authorization of
existing fees
Chapter Reorganized
Unlawful*
"by any person"
Unlawful*
Fee Repealed
Repealed
Unlawful*
Repealed
"Master Tax Schedule"
Unlawful*
Unlawful*
"Chief of Police"
"Chief of Police"
"Chief of police"
"Chief of Police"
New section;
Authorization of
existing fees
"Animal Control"
"Seeing eye, quide
and siqnal dogs"
Repealed
Fee Authorization**
Administrative Hearing Fee Authorization**
Board of Appeals Hearing - General Fee Authorization**
Strong Motion and Foundation Only Permits
and additional Plan Review for Energy
Conservation or Disabled Access
certificate of Occupancy
Temporary certificate of Occupancy
Board of Appeals Hearing - Mechanical
Board of Appeals Hearing - Housing
Board of Appeals Hearing - Plumbing
Board of Appeals Hearing - Fire Code
4
) t)(\ i.
, /
Fee
Fee
Fee
Fee
Fee
Fee
Fee
Authorization**
Authorization**
Authorization**
Authorization**
Authorization**
Authorization**
Authorization**
15.48.060
15.44.090
Board of Appeals Hearing - Swimming Pools Fee Authorization..
Building Move Violation Unlawful.
17.16.270
Wells - Violation
Unlawful.
18.04.040
18.54.100
Coastal Development Permit
Board of Appeals Hearing - Floodplain
Storage of Removed Signs
"Chapter. . . "
Fee Authorization.*
19.60.080
"as desianated in
section 19.60.070"
* Fees identified as unlawful are being addressed to clean up references to
infractions and unlawful behavior.
** These sections represent amendments to the Municipal Code, Uniform
Building Code or Uniform Fire Code to authorize additional fees to be
proposed in Phase II of the Master Fee Schedule update. These changes will
have no fiscal impact unless and until said fees are adopted by resolution in
Phase II.
5
", r) ':/
///1)- /
/ <,-
Exhibit C
CITY OF CHULA VISTA
MASTER FEE SCHEDULE
Amended: April 21, 1992
//)/\ >?
'HAfIEB 1
Introduction
A. MASTER FEE SCHEDULE
1. Genera 1
a. The City Council shall adopt, by resolution, a Master Fee
Schedule, indicating therein the fees for all services,
administrative acts and other legally required fees, which
resolution may be amended from time to time and shall be
effective upon first reading and approval; provided, however,
such resolutions may specify therein their applicability, if
any, to applications currently in the process of review.
b. A copy of the Master Fee Schedule shall be maintained in the
office of the City Clerk and in each department of the City.
IC.V.M.C. 3.45.010]
2. Fee Waivers
a. The fees set forth in the Master Fee Schedule may be waived by
the Waiving Authority, as defined hereinbelow in Subsection
~ Q, in accordance with the following procedures:
1) Any person requesting an abatement of a fee herein charged
shall request said abatement in writing, addressed to the
Waiving Authority, and shall set forth therein, with
specificity, the reasons for requesting said abatement of
all or any portion of the fees.
2) The Waiving Authority shall conduct a public hearing,
notice of which is not required to be published. Notice
of said public hearing shall be given to the applicant and
to any party or parties requesting notice of same.
3) Pri or to abating all or any portion of a fee establ i shed
in the master fee schedul e, the Wa i vi ng Authori ty shall
find a peculiar economic hardship or other injustice would
result to the applicant which outweighs, when balanced
against, the need of the City for revenue and the need for
a uni form method of recoveri ng same from those agai nst
whom it is imposed.
b. Waiving Authority, as the term is used herein, shall mean the
City Manager, or his designee, if the amount of such waiver is
less than or equal to the greater of (1) $2,500 or (2) 25% of
the fee imposed by the master fee schedul e. I f the amount of
the waiver is greater than the greater of $2,500 or 25% of the
origi na 1 fee imposed by the master fee schedul e, the Wa i vi ng
Authority, as used herein, shall mean the City Council.
WPC 10511 (Rev. 3/31/92)
Or;g;nol MFS on 09451 (10471)
-1- /10_C:j
, ,(/ :---- (
Moster Fee Schedule
Part J . General
c. If the Waiving Authority in a particular fee waiver matter is
the City Manager, or his designee, the decision of the City
Manager, or his designee, may be appealed to the City Council
by any resident of the City of Chula Vista, including, but not
limited to, the members of the City Council. If the Waiving
Authority is not the City Council, then the Waiving Authority
shall provide notice of his decision to waive a fee set forth
in the master fee schedule by distributing a copy of said
notice of decision to each member of the City Council and to
the City Clerk. Said notice of decision shall be deemed a
public record. [C.V.M.C. 3.45.010]
3. Master Fee Schedule Copies
Copies of the Master Fee Schedule may be purchased for $2.00.
[Resolution 13201]
B. DEFINITIONS
1. Full Cost Recovery
In this schedule, "a deposit to cover the City's full cost,
including overhead," or "the fee shall be the City's full cost
including overhead" or any similar phrase shall be understood to
mean that:
a. The department shall determine the appropriate deposit for each
application and shall attempt to limit that deposit to a
reasonable amount. If, at any time, it appears that the
depos it amount will be i nsuffi ci ent to cover accumul ated City
costs, the applicant shall deposit additional amounts as
required by the Department Head.
b. If the City ~Qetermines that consultants are required ta
assist in the processing of any permit, the City reserves the
right to retain and pay such consultants from fees collected
from the applicant.
c. The City's full cost shall include any consultant fees paid by
the City plus all City operational direct salary costs
multiplied by the appropriate departmental full cost recovery
multiplier. The multipliers are as determined from time to
time by the department of finance and included herein by
reference. (SEE APPENDICIES)
[Resolution 13201]
2. Low Income Households
Eligibility for low income household reduced sewer service rates
shall be determined according to the table in Appendix B. (SEE
APPENDICIES)
WPC 10511 (Rev. 3/31/92)
Or;g;nol MFS on 09451 (10471)
-2- /i)!J--/{)
Master Fee Schedule
Pert J - General
U!AfIER II
Records. Documents. Research and ProcessinQ Fees
A. GENERAL
1. Research Requests
a. When an individual requests a City department to research and
investigate its files and records for general information then
that person shall be charged a fee based on the time to conduct
such research and invest i gat i on and the compensat i on cost of
the staff personnel as determined by the Director of Finance.
b. General information is defined as "any data contained in City
files or other records."
c. In order to guarantee payment, the City department responsible
for conducting requested research or invest igat i on shall
estimate the time to complete such work and require a cash
deposit to cover its estimated costs.
d. City departments shall not charge for requests for research and
investigation that involve a minimum amount of time (less than
10 minutes) to obtain. This section cannot be used to divide
up a large request for research and investigation into smaller
requests for the purposes of obtaining free research and
investigation.
2. Documents and Records
a. Copies of Records
I) Copies of any Official Record
Size and Type
8-1/2 x 11"
Fees
8-1/2 X 13"
$.75 first page (1 copy)
$.15 each additional page or copy;
$.75 first page (1 copy)
$.15 each additional page or copy;
Reader-
Printer
$.75 first page (1 copy)
$.15 each additional page or copy.
[Resolution 132011
WPC 10511 (Rev. 4/14/92)
Or;g;n81 MFS on 09451 (10471)
-3-/l0//
Mester Fee Schedule
Pert J a Generlt
b. Subscriptions for Agenda/Minutes
1) City Council
2) Redevelopment Agency
3) Planning Commission
Agenda and minutes of the meetings of the Council, Planning
Commission ~~p Qr Redevelopment Agency may be mailed to
applicants for an annual fee of .................... $70.00
IResolutlon 13201]
4) Other Boards/Committees
Agenda and minutes of meetings of other commissions,
boards ~~p Qr committees may be mailed to applicants
for an annual fee of ............................... $20.00
IResolutlon 13201]
c. Transcripts of Public Meetings
Transcripts of all or a portion of any meeting or public
hearing of the City Council, Planning Commission, or any other
board or commission which are recorded may be obtained upon the
payment to the Director of Finance of the actual hourly rate of
a City employee transcribing said record, plus the incidental
overhead costs to be establ ished by the Director of Finance,
plus a charge per page for copying as established herein.
IResolutlon 13201]
d. Intergovernmental Document Requests
Copies of any of the documents, minutes or records referenced
herein will be furnished to any federal, state, county,
municipality, district, department thereof, governmental agency
or any federal offi cer act i ng in his offi cia 1 capac i ty without
charge except in the case of a request for a transcript of the
recorded praceedings of any meeting or public hearing;
provided, however, that any such governmental agency shall be
required to pay the fee herein required for all copies in
excess of one.
IResolutlon 13201]
3. Processing
a. Election Recount
The fee for an election recount at the reauest of a contestant
shall be a deoosit to cover the Citv's full cost includinQ
overhead.
IC.V.M.C. 2.50.130]
b. Returned Checks
Any check returned for non-payment shall cause the issuer of
said check ta be subject to a $10 returned check fee.
IResolutlon 13201]
WPC 10511 (Rev. 4/1/92)
Or;g;nol MFS on 09451 (10471)
, '7
-4- /1/ D /~
Master fee Schedule
Part I . General
c. Tape Recording Set-Up
The City Clerk shall make available to any person requesting
such service the use of the tape recordings far use within City
Ha 11 at a flat set-up charge of........................... $3.00
(Resolution 13201]
B. ENGINEERING
1. Documents
The City Engineer is authorized to furnish any person applying
therefor any of the following documents, papers, drawings or
official records of the Engineering Department upon payment of the
fees herein established:
a. Annexation Plats, Legal Descriptions
$ .40 per square foot with a minimum fee of $2.00
b. Bid Documents
$6.00 per complete plan and specifications; plus $1.00 per plan
sheet in excess of fi ve sheets; provi ded, however, that any
contractor purchasing one set of plans shall be given up to two
additional copies without additional charge and for payment of
two sets of plans and specifications, the contractor may
recei ve up to si x copi es of bi d documents; a handl i ng and
postage charge of $3.00 will be collected for plan sets mailed
at request of the Contractor.
c. Design and Construction Standards - $3.00 each
d. Maps and Drawings
Various master street and sewer maps and miscellaneous
drawings: $.65 per square foot, with a minimum fee of $3.25
e. Aerial Topo Sheets
$9.00 per sheet, plus $1.00 per additional copy of same sheet
f. Title Sheets
1) Mylar title sheet blank.....................$4.00 per sheet
2) Mylar title sheet profile...................$5.00 per sheet
3) Vellum title sheet blank....................$I.50 per sheet
4) Vellum title sheet profile..................$1.50 per sheet
g. Subdivision Manual - $7.00 each
[Resolution 13201]
WPC 10511 (Rev. 3/31/92)
Or;g;nol MFS on 09451 (10471)
-5- Jil3~ /3
Master Fee ScheduLe
Part I . General
C. POLICE
1. Documents
The PfYV~tr/Y//~f//'~>>'Jt//~Af~tB Police Chief is authorized to
furnish any person applying therefor any of the following documents,
papers or official records of the Police Department upon payment of
the following fees:
a. Accident Reports - $5.00 per copy
b. Crime Reports - $5.00 per copy
c. Photographs - $12.00 per copy
d. Record Check Letter 'Request - $2.00 each
[Resolution 13201]
2. Process i ng
a. Fingerprint Requests
The ~!t~ttpt//pf//'~~l!t//'I>~f~t'l Police Chief shall furnish
fingerprint identification service to any person applying
therefor upon payment of a fee for City residents.........$ 6.00
for non-residents of the City of Chula Vista..............$ 8.00
[Resolution 13201]
WPC 10511 (Rev. 3/31/92)
OrigInal MFS on 09451 (10471)
-6- / j 6 ~ / !f
Mister Fee Schedule
Pert I - Generll
'HAflfR III
Animal Control
A. DOG LICENSES
I. Purchase
a. For license expiring one year from date of issue .........$10.00
b. For license expiring twa years from date of issue ........$18.00
c. For license expiring three years from date of issue.......$26.00
Any dog license issued pursuant ta this section shall be issued for
one-hal f the fees requi red herei nabove for any dog if the
certificate or affidavit is presented from a 1 icensed veterinarian
that says dog has been spayed or neutered.
[Resolution 13201]
2. Penalty for Late Application/Payment
The penalty authorized to be collected for late payment shall
be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1. 50
[Resolution 13201]
3. License Replacement
$1.00 processing fee
4. License Transfer
[Resolution 13201]
The fee for all types of dog license transfers shall be $2.
[Resolution 13201]
B. SALE OF DOGS AND CATS
Adoption
Neuter Deposit
Spay Deposit
Rabies Shot Deposit
DOQS
$13
$25
$25
$ 8
Cats
$13
$12
$20
[Resolution 12882]
C. ANIMAL IMPOUNDMENT AND RELINQUISHMENT
I. Impoundment
For the picking up, transporting and impounding of any animal
including a dog, by the use of equipment, personnel and regular
facilities maintained by the City.
$20.00 - first offense
$30.00 - each subsequent offense
$ 4.00 - per day for keeping such animal
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-7-
[Resolution 13201]
, '7 /
/ ,h~ ) L"
L.-/ /' "'/
Mester Fee Schedule
Part t - General
2. Relinquishment of Dogs and Cats
For the relinquishment of dogs or cats by their owners, there shall
be no charge provided the relinquishment is made at the animal
shelter, if the owners are residents of the City; however,
non-residents may use the services of the shelter by delivering the
animal thereto and by paying a fee of $10.00 for a dog or cat.
Residents of the City who wish to relinquish an animal at their
place of residence may do so by paying a fee of ten dollars to have
the animal picked up.
[Resolution 13201]
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-8-
/(/I}-/f:,
Mister Fe. Schedule
Part I . General
~HAfIER II
Business Fees
A. GENERAL BUSINESS
I. Business License - General
a. Duplicate License
$5 processing fee
b. Change of Location
$5 processing fee
c. Home Occupation Permi t
$25 fil i ng fee
2. Sales - Special
IC.V.M.C. 5.04.060]
IC.V.M.C. 5.02.150]
IResolut;on 13201]
a. Closing Out Sale
$25 fil i ng fee
b. Special Sales Event
$35 application fee
c. Temporary Outside Sales Permit
$50 application fee
IC.V.M.C. 5.48.060]
IResolutlon 13201]
[Resolution 13201]
B. SPECIFIC BUSINESS
I. Art Figure Studio
a. License Investigation
Application - $100 nonrefundable filing fee
IC.V.M.C. 15.14.030]
rC.V.M.C. 15.14.060)
b. Work Permit
Hodel Permit - $ 25 nonrefundable filing fee
rC.V.M.C. 15.14.030]
IC.V.M.C. 15.14.060]
2. Bath House
a. License Investigation
$100 filing fee
rC.V.M.C. 5.35.105]
WPC 10511 (Rev. 3/31/92)
Or;g;n8l MFS on 09451 (10471)
-9- I t.):!5 - ) 7
Master Fee Schedule
Part J . Generll
3. Card Room
a. License Investigation
Application - $500 nonrefundable investigation fee
b. Work Permit
New: $50 - card room managers
$30 - card room employees
Annual renewal: $20 - card room managers
$10 - card room employees
[Resolution 132011
4. Fraternal Society Gameroom
a. License Investigation
$50 investigation fee
5. Junk Dealer
[Resolution 135301
a. License Investigation
Business License - $80 nonrefundable investigation fee
[Resolution 132011
b. Work Permit
Employee 10 Card - $20 nonrefundable filing fee
[Resolution 132011
6. Massage Establishment
a. License Investigation
Massage parlor application - $100 nonrefundable investigation
fee [C.V.M.C. 5.36.0801
b. Sale/Transfer
$25 filing fee
c. Change of location
$25 fili ng fee
7. Massage Technician
a. Work Permit
$25 nonrefundable investigation fee
[C.V.M.C. 5.36.1601
[C.V.M.C. 5.36.1701
[C.V.M.C. 5.36.090]
WPC 10511 (Rev. 3/31/92)
Orlginsl MFS on 09451 (10471)
-10-
; !' 1l ,,/
/ u V- / i3'
Mister Fee Schedule
Pert J . General
8. Pawnbroker
a. License Investigation
Business License - $80 nonrefundable investigation fee
IRelolutlon 132011
b. Work Permit
Employee 10 Card - $20 nonrefundable filing fee
IRllolutlon 132011
9. Peddler
a. License Investigation
$10 filing fee
10. Public Dance
IC.V.M.C. 5.02.0401
a. License Investigation
$50 investigation fee
11. Second Hand Dealer
IC.V.M.C. 5.26.0301
a. License Investigation
Business License - $80 nonrefundable investigation fee
[Resolution 132011
b. Work Permit
Employee 10 Card - $20 nonrefundable filing fee
[ResolutIon 132011
12. Solicitor
a. License Investigation
$10 filing fee
b. Identification Card - Work Permit
[C.V.M.C. 5.02.0401
$15 filing fee
$15 for a one-year renewal fee
13. Transient Merchant
[ResolutIon 132011
a. License Investigation
$10 filing fee
[C.V.M.C. 5.02.0401
WPC 10511 (Rev. 3/31/92)
OrIgInal MFS on 09451 (10471)
-11-
I i'I1' /;
/ . i / .-
[.., _/'
Master Fee Schedule
Part I - General
C. Business - Other
I. Curb Loading Zone Permit Fee
Applicants for a curb loading zone permit shall pay a fee of $87 to
cover the cost of investigation plus an initial installation fee of
$61.00 for 75 lineal feet plus $1.00 for each additional lineal foot
and an equivalent annual maintenance fee. In addition, if it is
necessary to remove an existing parking meter, the sum of $30 shall
be charged to the applicant.
WPC 10511 (Rev. 3/31/92)
Originol MFS on 09451 (10471)
-12-
(///0.' 2{)
IReaolution 13201]
Mester fee Schedule
Part I - General
t.HAfIER Y.
Li brarv
A. SERVICE FEES
1. Library Cards
a. Replacement of Lost Card - $1.00
b. Non-Resident Card - $10.00/yr
2. Audio Visual
a.
Insurance Charge - $10/year
Video Cassette Reserve - $.50/item
b.
3. Books
a.
Book Reserve - $.50/item
Interlibrary Loan - $.50/item
b.
4. Darkroom
a.
Use Fee - $4.00/hr
B. FINES
1. Overdue Charges
a. Books
Adults............$.25 per day per item
Children..........$.OS per day per item
b. Audio-Visual - $3.00/day
2. Audio/Visual
a.
Cassette Rewinding - $1.00/each
WPC 10511 (Rev. 3/31/92)
Orig;nel MFS on 09451 (10471)
-13-
;' () ,I? ,~.) /
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
[Resolution 13201]
Master Fee Schedule
Part I . General
'HAflfR Y.I
Police
A. ALARMS
1. Alarm Use Permit
A nonrefundable fee shall accompany each app 1 i cat i on for an alarm
user permit as follows:
a. A fee of ten dallars ($10.00) for both business and residential
applications.
b. A two dollar ($2.00) renewal fee will be required every
twenty-four (24) months.
[Resolution 161681
2. False Alarm Assessment
When any emergency alarms, messages, signals, or' notices are
received by the Communications Center which results in a police
response and in whi ch the al arm proves to be a false al arm, the
owner and/or occupier of the property shall pay a false alarm
assessment to the City as follows:
a. The first two (2) false alarms within a twelve (12) month
period shall be considered accidental and no fee shall be
charged. The alarm permit applicant shall be notified in
writing by the Crime Prevention Unit after the occurence of the
second false alarm, notifying him/her that any further false
alarms will result in penalty assessments.
b. For false alarms exceeding the initial two (2) false alarms
within a twelve (12) month period:
1) Third (3rd) false alarm Twenty-Five Dollars ($25.00).
2) Fourth (4th), Fifth (5th) and Sixth (6th false alarms -
Fifty Dollars ($50.00).
3) All additional false alarms One Hundred Dollars ($100.00)
each.
[Resolution 161681
WPC 10511 (Rev. 3/31/92)
Or;g;nel MFS on 09451 (10471)
-14-
It>) (~ ~;J ;2
Mister Fee Schedule
Pert I . Generel
B. BICYCLE LICENSE
~ Aoolication
A license fee of one dollar shall be oaid in advance to the citv
before anv such license is Qranted. Effective Januarv 1. 1979. all
bicvcle licenses must be renewed. Renewals are valid for three
vears and sball be indicated bv a renewal sticker affixed oarallel
to and above or below the license. New reQistrations after December
31. 1978. will reauire the ourchase of a bicvcle license lone
dollarl and a renewal sticker valid for three vears Ithree dollarsl.
IC.V.M.C. 10.72.050]
C. PROPERTY RECOVERY
1. Bv Owner
The fee for recovery of Drooertv in Dossession af the Dolice
deoartment shall be the Citv's full cost includina overhead and
charaes for storaae.
[C.V.M.C. 2.60.060]
2. Bv Finder
The fee for t i tl e to orooertv to be vested in the Gerson who found
or saved the orooertv or in the successful bidder at oublic auction
shall be the Citv's cost for oublication.
IC.V.M.C. 2.60.150]
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-15-
> /, ;1/ ;2"'7
I!/[/),- :>
'/' ~
Mister fee Schedule
Part I . General
t.HAflfR III
Recreation ProQrams/Facilities
A. PROGRAMS
I. Swimming
a. Classes
Fees for various Parks and Recreation Department programs and
classes shall be as follows:
I. Recreat i ona 1 swimmi ng. . . . .. .. . . . .. . .. .. . . . .. .. . $. 75/person
2. Beginners swimming......................$10.50/participant
3. Advanced swimming.......................$16.00/participant
4. Tiny Tots swimming......................$I6.50/participant
5. Parents and tots swimming..........$16.50/parent & tot pair
[Resolution 132011
2. Other
Fees for t~~ Parks and Recreat i on Deoartment activit i es and
cl asses YY'IWrI/ JW.MI /trlrl/ ANI/ /~W/ AtM/i/lMMI /trlrl/,Q.MtM shall be
set so that they collect the City's full cost including overhead.
Y.~~'~/1~J/~pft~~" Y.~~'~/1~J/~pft~~" ~p~~~'~/~pft~~l'
,.p~lt/~~~~~t~~" "p~,t/'I>ptt~t Pt~~t~pp,/t~p
Pt~~t~pp,/~~"~t ~~"~t ~~tp~
l~p ,t~~t~pp1/~~tp~ ~~t~t~
~~!t~t ~~pp Pt~~t~pp'/t~~~l!~g
Y.pp~t~/~~tt l!~i/tpt~ 'l>pptt~/lt~!~!~g
l~~~,!~g ~i~~~~t!t~ Y-pp~!~g
"~tp~!t~ Y-~~~t1~~p!~g
Y-J n~~/fpt/ NtN ~ !I'M#! ~~ /It'WVW' NI1'YW /trtm' /Vv/#':/#
t~~t/t~~'I/tp"~tt/7~%/pf/t~~/Y-!ti'~/f~"/tp~t/!~t,~p!~g/p'l~t~~~pJ
[Resolution 132011
B. FACILITY USE
Parks and Recreation facilities are available to groups only when City
programs are not scheduled. Policies and regulations governing facility
use permits are provided in Council Resolution 12343. An employee or
City-appointed representative must be present during use of listed
facil ities.
WPC 10511 (Rev. 3/31/92)
Origln8l MFS on 09451 (10471)
-16- i ,/?,7L(
/ / C,-r- ,
Mister Fee Schedule
Pert I - Generll
I. General Facilities - Use Permit
a. Group Priorities
Facilities are available for recreation activities under the
following order of priority based on group classification:
Classification 1: City programs
Classification 2: Chula Vista community service organizations
related in purpose to recreation and the
furtherance of community leisure programs.
Classification 3: Chula Vista civic and sacial organizations
which are democratic in character with
membership open to the general public or
designated elements thereof.
Classification 4: Private resident groups requlrlng large
fac il it i es for spec i a 1 events not open to
the general public.
Classification 5: Unions, employee associations and special
recreational groups and non-residential
groups requ i ri ng pub 1 i c fac il it i es for fund
raising to perpetuate special interest.
Classification 6: Private individuals or groups offering
recreational type activities for the purpose
of monetary gain.
[Resolution 12343]
b. Basic Fee Schedule
Fees will be charged for any activities requiring leadership or
custodial services. Basic Fee schedule is based on the group's
classification as described in Section A above. There will be
an additional charge if time is required outside of normal
employee working hours or special services are required.
Fee Schedule 1 I:
Community organizations in
classification 1, 2, or 3 shall be
granted use of facilities without
charge if admission fee/contribution is
not collected.
Fee Schedule ~ 11:
Community organizations
classification 2 or 3 can
facilities on an actual cost basis
contribution/fee is assessed
charitable purposes.
Charges are based on actual costs for
personnel and a minimum utility charge
as shown in fee schedule 2.
in
use
ifa
for
WPC 10511 (Rev. 3/31/92)
Or;g;nsl MFS on 09451 (10471)
-17-
/()'!l)-~.?
Master fee Schedule
Part I . General
Fee Schedule ~ lll:
Fee Schedule ~ lY:
WPC 1051( (Rev. 3/31/92)
Original MFS on 09451 (10471)
Resident organizations and individuals
not qualifying for Fee Schedules I or 2
will be assessed the rental rate shown
in Fee Schedule 3.
Those individuals or groups in
Categories 5 and 6 will be assessed
rates based on Fee Schedul e 4 or 30
percent of gross receipts, whichever is
larger. A financial report must be
submitted one week after the activity
is held if an admission fee was charged.
-18-
//:/ fi,- 'I )
__ "..L {;;?
Master Fee Schedule
Part I - General
FEE SCHEDULE
All hourly rates are charged on the basis of .per hour or any portion thereof.-
Fac; 1 ;tv II ill II
1- Parkway Gymna.ium
.. Gywll. i UIl 510 530 560
2. Parkway Community Center
.. AudltoriUII 510 525 550
b. Classroom 5 5 510 520
c. Kitchen facilities 53 53 53
3. Lauderbach COMmunity Center
.. Auditorium 510 S25 S50
b. ctassroom S S S10 S20
c. Kitchen S 3 S 3 S 3
4. Norman Park Center
o. Corne It Holl S 5 S20 S40
b. Norman Hall S 5 S10 S20
c. Khchen S 3 S 3 S 3
5. Lama Verde Recreation Center
.. Auditorium S10 S25 S50
b. Classroom S 5 S10 S20
c. Kitchen S 3 S 3 S 3
6. Other Recreation FaciUties
o. Rahr Manor S 5 S20 S40
b. Memorial Bowl S20 S40
c. Sunrise Center S 5 S20 S40
7. SwilM'dn; Pools !mt Staff os Needed*
.. Lam. Verde S40/Hr plus Current stoff solory
b. Pork Woy S30/Hr plus Current stdf solory
c. Rohr S20/Hr plus Current stoff ..lary
*To be determined by AquatiC Coordinator
All hourly rateS are charged on the basis of .per hour or any portion thereof.-
[Resolution 123431
WPC 10511 (Rev. 3/31/92)
Originol MFS on 09451 (10471)
-19-
~/);IJ ;2 I)
<-. ./ /
Mister Fee Schedule
Part J - Generat
c. Cancellation Fee
Parks and Recreation office must be notified of cancellation a
minimum of 48 hours prior to scheduled time for activity.
Failure to do so will result in forfeiture of the fee.
[Reoolutlon 12343]
d. Required Deposits
A cleaning/damage deposit of $200 may be required for certain
activities.
An additional deposit of $100 will be required of groups
granted permission to have alcoholic beverages.
[Reoolutlon 12343]
e. Variations
Vari at ions of stated fees must have approval of the Parks and
Recreation Director.
[Reoolution 12343]
2. Picnic Shelters
Medium
Sma 11 IClusterl ~
a. Reservation Fee $25 $75 $100
b. Cleaning/Security Deposit $25 $75 $100
c. Maximum Group Size 50 100 200
[Reoolutlon 12768]
d. Cancellation Fee
Grouos which cancel a reservation will be charaed a $5 handlinQ
fee.
[C.Y.M.C. 2.66.310]
3. Ballfields
Preooed
Unoreooed
a. Reservation Fee
$20 + $IO/hr.
b. Cleaning/Security Deposit
N/A
N/A
$I0/hr.
N/A
N/A
[Reoolution 12768]
c. Maximum Group Size
d. Cancellation Fee
Grouos which cancel a reservation will be charQed a $5 handlinQ
fee.
[C.V.M.C. 2.66.310]
WPC 10511 (Rev. 3/31/92)
Origin.l MFS on 09451 (10471)
-20-
.' '1? ')</.
~/ c-LO
Master Fee Schedule
Part 1 . General
~!IAfIE.R Y.III
Greens Fees. Chula Vista MuniciDal Golf Course
A. STANDARD GREENS FEES
Aoolicable Davs/Times/Months
Monday through Friday
(excluding legal holidays)
Saturdays, Sundays and legal holidays
Monday through Friday
(excluding legal holidays)
Monday through Friday/twilight
Monday through Friday/super twilight
Saturdays, Sundays and legal holidays
Saturdays, Sundays and legal
holidays/twilight
*9-Hole play would continue to be scheduled in the early
morning on the back nine onlv. Once the front nine golfers
are finished, 9-hole play will be limited after 12:00 noon.
Number of
Holes
Greens Fees
CharQes
18
$13.00
17 .00
18
9
8.00*
9
9.00
7.00
9
10.00*
11. 00
B. LADIES' DAY GREENS FEES
Aoolicable Davs/Times/Months
Tuesdays only; except when a legal
holiday falls on a Tuesday
Number of
Holes
Greens Fees
CharQes
18
13.00
C. JUNIOR MONTHLY TICKET
The cost of a junior monthly ticket is hereby established as $25.00.
Said monthly ticket shall entitle a junior (defined as non-college
students who have not reached their eighteenth birthday or completed
their senior year of high school) to playa maximum of 18 holes per day
after the hour of 2:00 p.m., subject to any rules, regulations or
restrictions imposed by the management of the Chula Vista Municipal Golf
Course.
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-21-
: fA: - /)CJ
Ie;.. {~(
Master Fee Schedule
Pert I . General
D. SENIORS RATES
I. Qualifications
a. Chula Vista residency. Said residency shall be verified by
driver's license or voter registration card.
b. The individual must be at least 62 years of age.
c. Play is restricted to weekdays only, holidays excluded.
2. Seniors Discount Cards (Yearly, Monthly)
a. The resident senior discount card is established as an annual
charge of $10.00. An age eligibility requirement must be met
and the following restrictions are imposed to qualify for this
special discount.
b. In additian or an an alternative to Subparagraph A, a qualified
senior (pursuant to the requirements of 1-3 of Subparagraph A)
may buy a monthly pass for $40 which will entitle said senior
to $1 per play on Mondays through Fridays excluding legal
holidays.
3. Seniors Greens Fees
Aoolicable Davs/Times/Months
Resident Senior with yearly discount
card ($10.00) (Monday through
Friday, excluding legal holidays)
Resident Senior with monthly discount
card ($40.00) (Monday through
Friday, excluding legal holidays)
Senior (Monday through Friday,
excluding legal holidays)
Number of
Holes
Greens Fees
CharQes
18
6.50
18
1.00
9
4.00*
*9-Hole play would continue to be scheduled in the early
morning on the back nine onlv. Once the front nine golfers
are finished, 9-hole play will be limited after 12:00 noon.
E. RAIN CHECKS
No rain checks will be given for any fee category.
WPC 10511 (Rev. 3/31/92)
Origin.l MFS on 09451 (10471)
-22-
'!) 6- S{)
MIster Fee Schedule
Part I . Generel
F. LEGAL HOLIDAYS
For the purpose of these golf course fees, legal holidays are defined as
follows: January I, New Year's Day; February 12, Lincoln's Birthday;
third Monday in February, Washington's Birthday; last Monday in May,
Memorial Day; July 4, Independence Day; first Monday in September, Labor
Day; September 9, Admission Day; second Monday in October, Columbus Day;
November 11, Veterans' Day; fourth Thursday in November, Thanksgiving;
fourth Friday in November; and December 25, Christmas.
[Reaolutlon 16100]
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-23-
/ !J 1],-3 I
Master fee Schedule
Part I . General
t.HAflfR IX
Downtown Imorovement District
A. DOWNTOWN
1. Downtown Improvement District Assessment
Professionals (as defined in Section 5.06.020 of the Municipal Code)
shall pay $100 per professional, provided that all professionals
working in a partnership or corporation at the same address shall
not pay in excess of $100.
All other businesses in the downtown parking and improvement area
shall pay a base fee of $50 plus $6 per employee, excluding the
owner or first employee, provided that no business location shall
pay in excess of $100.
[Resolution 15898]
2. Parking
a. Downtown Parking District - In-Lieu Parking Fee
For the purpose of setting the in-lieu parking fee, pursuant to
City Ordinance 19.62.040, the fair market value of land within
the Downtown Parking District will be computed at $20 per
square foot.
The fee shall be based uoon an amount equal to twentv-five
oercent of the fair market vlaue of that oortion of the
Drooertv which would have been required to be develoDed for
oarkina ourooses.
[C.V.M.C. 19.62.040]
b. Downtown Business Area Parking Permit
$54 Quarterly Permit Fee: Parking permit tags for the downtown
business area parking lots are for
use in nine-hour spaces only. The
Director of Finance may, in the
exerc i se of d i scret i on, prorate the
quarterly fee if an applicant
desires to purchase a permit tag for
the balance of a calendar quarter
[ResoLution 16006]
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-24-
/ ~ f\ -- ~ '} Master Fee Schedule
L /~ ..-/~ Pert J . General
'HAflfB!
BuildinQ and HousinQ
A. APPEALS
1. Building Move, Relocation, or Demolition Appeal
The fee for fil ing an appeal of a finding or recol1111endation of the
Building and Housing Department on a building move, relocation or
demolition shall be one-half of the original application fee.
[C.V.M.C. 15.44.0701
B. CODE ENFORCEMENT
~ Nuisance Abatement: Aooeal fee
The amount of the aooeal fee shall be determined oeriodicallv bv the
Citv Council based uoon the costs incurred bv the City in orocessinQ
an aooeal oursuant to this chaoter. The calculation shall include
all costs of the Citv Abatement Officer. Citv Clerk. and the Citv
Council but shall excl ude actual costs for any work of abatement
calculated oursuant to Section 9.9. [C.V.M.C. 1.30.0801
~ Nuisance Abatement: Noncomoliance with order to abate
The fee authorized in case of noncomoliance with an order to abate
shall be the Citv's full cost includinQ overhead for nuisance
abatement.
[C.V.M.C. 1.30.1201
1... SiQn Structures - CharQes for movina. removal. correction or other
work oerformed bv the citv
The fee for movina. removinQ. correctinQ. storinQ or doinQ work on a
sian or siQn structure shall be the citv's full cost includinQ
overhead.
[C.V.M.C. 19.60.0701
C. BUILDING PERMIT FEES
Fees for processing and inspecting building permits shall be collected in
accordance with the fee schedule below.
TOTAL VALUATION
$1.00 to $500.00
$501.00 to $2,000.00
FEE
$15.00
$15.00 far the first $500.00
pl us $2.00 for each
additional $100.00 or
fraction thereof, to and
including $2,000.00
WPC 10511 (Rev. 3/31/92)
Orlgln81 MFS on 09451 (10471)
-25-
, ';(2' '77
'j. > '.>/>
Master fee Schedule
Part J . General
TOTAL VALUATION
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 ta $500,000.00
$500,001.00 to
$1,000,000.00
$1,000,001.00 and up
ill
$45.00 for the ,first
$2,000.00 plus $9.00 for
each additional $1,000.00 or
fraction thereof, to and
including $25,000.00
$252.00 for the first
$25,000.00 plus $6.50 for
each add it i ona 1 $1,000.00 or
fraction thereof, to and
including $50,000.00
$414.50 for the first
$50,000.00 plus $4.50 for
each additianal $1,000.00 or
fraction thereof, to and
including $100,000.00
$639.50 for the first
$100,000.00 plus $3.50 for
each additional $1,000.00 or
fraction thereof to and
including $500,000.00
$2,039.50 for the first
$500,000.00 plus $3.00 for
each additional $1,000.00 or
fraction thereof, to and
including $1,000,000.00
$3,539.50 for the first
$1,000,000.00 plus $2.00 for
each additional $1,000.00 or
fraction thereof
The fee for conducting a compliance survey of an existing structure shall
be $.75 per 100 square feet of floor area or fraction thereof, but no less
than $75.00.
Other Inspections and Fees:
I. Inspections outside of normal business hours
(minimum charge -- two hours)
2. Reinspection fees assessed under provisions
of Section 305 (g)
3. Inspection for which no fee is specifically
indicated (minimum charge -- one-half hour)
4. Additional plan review required by changes,
additions or revisions to approved plans
(minimum -- one-half hour)
.
WPC 10511 (Rev. 3/31/92)
Original MFS on 09451 (10471)
-26- /tv - 31
$30 or
full cost recovery
$30 or
full cost recovery
$30 or
full cost recovery
$30 or
full cost recovery
Master Fee Schedule
Part I - General
5. Applications requlr1ng additional plan
review to confirm conformance with California
Administrative Code Title 24 requirements for
Energy Conservation shall pay an additional 15%
for plan check and inspection.
6. Applications requiring additional plan review and
inspection to confirm conformance with California
Administrative Code Title 24 requirements for
disabled access shall pay an additional 10% for
plan check inspection.
[C.V.M.C. 15.081
D. CERTIFICATE OF COMPLIANCE
$25 fil i ng fee
E. DETERMINATION OF VALUE
[C.V.M.C. 18.48.0501
The determi nat i on of value or val uat i on under any of the provi s ions of
this master fee schedule or of the building code have been made by the
building official. The value to be used in computing the building permit
and building plan review fees shall be the total value of all
construction work for which the permit is issued, as well as all finish
work, painting, roofing, electrical, plumbing, heating, air conditioning,
elevators, fi re-ext i ngui shi ng systems and any other permanent equi pment,
as follows.
F. ELECTRICAL PERMIT FEES
Fees for processing and inspecting electrical permits shall be as follows:
A) For issuing each permit
B) New construction, for each ampere of main Single Phase
service, switch, fuse, or breaker Three Phase
C) New service on existing building, for each Single Phase
ampere of increase in main service, switch, Three Phase
fuse, or breaker
D) Remodel, alteration, no change in service, Single Phase
for each ampere of increase Three Phase
E) Temporary service
up to and
including 200
ampere
per 100 ampere
over 200
F) Temporary service
G) In addition, in situations similar to those
listed under the subsection titled "Other
Inspections and Fees" of Section X.C.,
the fee shall be the same.
[Resolution 132011
WPC 10511 (Rev. 4/14/92)
Original MfS on 09451 (10471)
- 27 - 0) /f- (';:,---
/ //:.-- /./~
Master Fee Schedule
Part I . General
$10.00
.40
.60
.40
.60
.40
.60
8.00
16.00
G. HOUSING PERMIT FEES
The fee for a hous ing permit #/ A4*II4f'MM' /ttI /'I>~~np~/ m#J/.1WJI ftIf /t~~
Y.~~!t!p~l/Y-p~~ shall be as follows:
A) For each apartment house, lodging house, boarding house, group
residence, hotel and motel containing not more than six (6) units,
$62.60.
B) For each apartment house, lodging house, boarding house, group
residence, hotel and motel containing not less than seven (7) units
but not more than ten (10) units, $85.30.
C) For each apartment house, lodging house, boarding house, group
residence, hotel and motel containing not less than ten (10) units
but no more than fifteen (15) units, $102.40.
D) For each apartment house, lodging house, boarding house, group
residence, hotel and motel containing more than fifteen (15) units,
$102.40 plus $2.30 for each unit in excess of fifteen (15) units.
For fail ure to pay a housing permit fee on or before the del inquency
date, the penalty shall be computed on the same basis as the penalty to
be paid for failure to pay a business 1 icense fee on or before the
delinquency date as outlined in Section 5.04.080 of the Municipal Code.
[Resolution 13201]
H. MECHANICAL PERMIT FEES
Fees for processing and inspecting mechanical permits shall be as follows:
A. For the issuance of this permit
B. For the installation or relocation of each forced air
or gravity type furnace/burner, including ducts and vents
attached to such appliance, up to and including 100,000 Btu's
C. For the installation or relocation of each forced air or
gravity type furnace/burner, including ducts and vents
attached to such appliance over 100,000 Btu's.
D. For the installation or relocation of each floor furnace,
including vent.
E. For the installation or relocation of each suspended heater,
recessed wall heater or floor mounted unit heater.
F. For the installation, relocation or replacement of each
appliance vent installed and not included in an application.
G. For the repair of, alteration of, or addition to each heating
appliance, refrigeration unit, comfort cooling unft,
absorption unit, or evaporative cooling system, including
installation of controls regulated by this Code.
H. For the installation or relocation of each boiler or
compressor up to and including three horsepower, or each
absorption system up to and including 100,000 Btu's.
I. For the installation or relocation of each boiler or
compressor over three horsepower to and including 15 horse-
power, or each absorption system over 100,000 Btu's to and
including 500,000 Btu's.
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-28-
');ff.f \-.? /
o /.> /);}:/
Mester Fee Schedule
Part t - General
15.00
9.00
11.00
9.00
9.00
4.50
9.00
9.00
16.50
J. For the installation or relocation of each boiler or
compressor over 15 horsepower, or each absorption system
over 500,000 Btu's to and including 1,000,000 Btu's 22.50
K. For the installation or relocation of each boiler or
compressor over 30 horsepower to and including 50 horse-
power, or for each absorption system over 1,000,000 Btu's and
including 1,750,000 Btu's 33.50
L. For the installation or relocation of each boiler or
refrigeration compressor over 50 horsepower, or each
absorption system over 1,750,000 Btu's 56.00
M. For each air handling unit to and including 10,000 cubic
feet per minute, including ducts attached thereto 6.50
N. For each air handling unit over 10,000 cubic feet per minute 11.00
O. For each evaporative cooler other than portable type 6.50
P. For each ventilation fan connected to a single duct 4.50
Q. For each ventilation system which is not a portion of any
heating or air conditioning system authorized by a permit. 6.50
R. For the installation of each hood which is served by
mechanical exhaust, including the ducts for each hood 6.50
S. For the installation or relocation of each domestic type
incinerator 11.00
T. For the installation or relocation of each commercial or
industrial type incinerator 45.00
U. For each appliance or piece of equipment regulated by this
Code but not classed in other appliance categories, or for
which no other fee is listed in this Code 6.50
V. In addition, in situations similar to those listed under the
subsection titled .Other Inspection and Fees. of Section
X.C., the fee shall be the same. [Resolut;on 13201]
~ For alan review of mechanical work 25% of total mechanical oermit fee
[C.V.M.C. 15.16.040]
I. PLUMBING PERMIT FEES
Fees for processing and inspecting plumbing permits shell be 8S follows:
A. For issuing eech permit
S10.00
8. E8Ch plumbing fixture or trap or set of
fixtures on one trap (including water,
drainage piping and backflow protection
therefore)
3.50
C. E8ch building sewer and each trailer
park sewer
8.00
O. Rainwater system - per drain
(inside building)
3.50
E. Each cesspool
8.00
F. Each private sewage disposal system
16.00
G. Each water heater and/or vent
3.50
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-29-
j',/{ '7?
1/1/')/->
/ L-;"'--- ,
Master Fee Schedule
Part I - General
H. Each gas piping system of
I. Each gas piping system of
J. Each industrial waste pretreatment
interceptor including its trap and
vent, excepting kitchen type grease
interceptors functioning as fixture
traps
K. Installation, alteration or repair of
water piping and/or water treating
equipment
L. Repair or alteration of drainage or
vent piping
M. Each lawn sprinkler system on anyone
meter, including backflow protection
devices therefor
N. Vacuum breakers of backflow protective
devices on tanks, vats, etc. or for
installation on unprotected plumbing
fixtures including necessary water
piping
O. Vacuum breakers of backflow protective
devices on tanks, vats, etc. or for
installation on unprotected plumbing
fixtures including necessary water
piping
P. In addition, in situations similar to
those listed under the subsection titled
"Other Inspection and Fees" of Section
X.C., the fee shall be the same.
one (1) to 3.50
four (4) outlets
five (5) or 1.00
more, per outlet
3.50
3.50
3.50
3.50
one (1) to
four (4)
3.50
five (5) or
more, each
1.00
[Resolution 13201]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-30- ~(t>'-3 y
Master Fee Schedule
Pert J - General
U!AflfR Xl
EnQineerinQ
A. DEFERRALS/WAIVERS
1. Deferral of Public Improvements
$234 filing fee
2. Deferral of Undergrounding Utilities
$556 fili ng fee
3. Waiver of Public Improvements
$284 fil i ng fee
B. PLAN REVIEW
[Resolution 13201]
[Resolution 13Z01]
[Resolution 13Z01]
1. Adjustment Plat Examination Fee
a. $231 per plat resulting in adjustment of property lines
b. $148 per plat resulting in consolidation of two or more parcels.
[Resolution 13201]
2. Final Map and Improvement Plan Fee
Prior to the submission of a final map and improvement plans or any
portion thereof to the Planning Department and/or the City Engineer
for process i ng, the property owner or subdi vi der shall submi t a
deposit to cover the City's full cost including overhead incurred in
conjunction with review and processing of said map and plans. Any
required adjustment shall be made prior to City Council
consideration of the Final Map. [Resolution 132011
3. Final Map Recordation Fee
Upon the filing of the final map with the City Council, the property
owner or subdivider shall deposit with the City Clerk a sum
sufficient to cover the cost of recording the map.
[Resolution 13Z01]
~ Ooen Soace District Encroachment Fees
The orooertv owner/aoolicant desirinQ to encroach into the ooen
soace maintenance district shall oav a S100 fee to cover the cost of
investiaation and orocessina of such request: orovided. however. if
a request is considered bv the citv council. the fee shall be S200.
Such fee is not refundable. [C.V.M.C. 17.08.050]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-31- //)/5'"Y)
Mester Fee Schedule
Part I - General
:
5. Encroachment Permit, Plan Review and Inspection
(All figures shown are in dollars unless otherwise noted.)
Estimated
Construction
Cost
0-104
105-144
145-194
195-254
255-329
330-419
420-529
530-659
660-809
810-989
990-1209
1210-1479
1480-1819
1820-2259
2260-2699
2700-3139
3140-3579
3580-4059
4060-4579
4580-5139
5140-5739
5740-6339
6340-6979
6980-7659
7660-8379
8380-9119
9120-10,000
over 10,000
Private
Plan
Review
$36
36
36
36
36
36
36
54
54
54
54
54
72
72
72
72
72
72
90
90
90
90
108
108
108
126
126
1.26%
Plan
Preparation &
Preliminary
Survey
$36
43
54
68
83
92
112
130
148
162
180
198
220
241
263
281
299
317
331
353
374
396
418
439
461
482
504
5.04%
Construction
Surveys
Special
Investigation
Encroachment
Only
Inspections
$36
43
54
68
83
92
112
130
148
162
180
198
220
241
263
281
299
317
331
353
374
396
418
439
461
482
504
5.04%
$18
22
29
40
50
68
86
108
133
162
180
198
220
241
263
281
299
317
331
353
374
396
418
439
461
482
504
5.04%
$30
36
45
57
69
81
93
108
123
135
150
165
183
201
219
234
249
264
276
294
312
330
348
366
384
402
420
4.28%
Special investigation application fees are not refundable.
IResolution 13201]
6. Preliminary Parcel Map Fee
Prior to the submission of a preliminary parcel map to the City
Engineer for processing, the property owner shall submit a deposit
to cover the City's full cost including overhead. Should the map be
withdrawn at any time the deposit shall be adjusted to cover the
City's actual costs including overhead up to that time. Said
deposit shall not include checking of any required improvement plans
or inspection of improvements. Fees for encroachment permit, plan
review and inspection shall be computed pursuant to Section XI.B.5
contained in the master fee schedule. IResolution 132011
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-32- /(/)/\..(_///./')
/ '::.j L
Master Fee Schedule
Part I - General
7. Public Works Inspection
a. Following Council approval of the final map but prior to the
recordation of said map, the property owner ar subdivider shall
submit a deposit to cover the City's full cost of inspection,
and administration during the construction phase of the
project, including plan revisions and any special
investigations including soils and geology reviews and City
consultants. The deposit shall be adjusted to cover the City's
full cost, including overhead prior to acceptance of
improvements and/or release of bonds.
b. In addition to other fees contained in the Master Fee Schedule
rel at i ve to Publ i c Works inspect ions, subdi vider or contractor
shall pay to the City, prior to the acceptance of public
improvements in any subdivision or street right-of-way or
easement for public purposes, the sum of 2.5 times the
inspector's hourly rate of pay (not including fringe benefits)
per hour for those Public Works inspections undertaken outside
of regular working hours on Saturdays, Sundays and legal
holidays during the course of construction of any public
improvements. [Resolution 13201]
C. PERMITS
1. Construction Permits
A $65 administrative fee shall be collected with each application
for a permit to construct public improvements. Plan Review and
Inspection fees shall be collected as appropriate.
[Resolution 13201]
2. Construction Security Deposit Bookkeeping Fee
A fee of one percent (1%) of the tot a 1 amount deposi ted wi th the
city for each construction security deposit shall be submitted with
each such bond.
[C.V.M.C. 18.16.240]
3. Driveways; Excessive Width
a. $ 46 filing fee
b. $200 appeal fee
[Resolution 13201]
4. Encroachment Permit, Application
The application fee referred to in Section 12.28.050 of the
Municipal Code shall be:
a. $81 for those permits approved by the City Engineer; and
b. $220 for those approved by the City Council.
[Resolution 13201]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-33-
/,~)/?~" J / I'
i- ,/ / /
--
Master Fee Schedule
Part I . Generel
5. Temporary Encroachment Permit Application
$15 nonrefundable application fee
If materials are placed in the street by the applicant prior to
issuance of a temporary encroachment permit, the application fee
shall be doubled.
[Resolution 13201]
6. Watercourse and Grading Permit Fee Schedule
Watercourse and grading permit fees shall be deposits ta cover the
City's full cost including overhead. Prior to release of bonds the
deposits shall be adjusted to cover the full cost to the City
including overhead for processing, plan check, inspection and any
soils or geologic reports by City consultants.
[Resolution 13201]
[Resolution 16225]
D. STREETS
1. Street Marking Fees
The following fees are hereby establ ished for street markings to be
placed on new City streets in subdivisions and certain street
openings.
a. The fee for each new street legend painted (e.g., stop, limit
line) will be $22.
b. The fee for each line mile of new street striped will be $583.
c. The fee for each new 50 foot crosswalk painted will be $60.
d. The fee for each line (stripe) mile of raised pavement markets
installed will be $261. [Resolution 14058]
2. Street Name and Regulatory Signs
The following fees are hereby establ ished for street signs to be
erected in subdivisions and certain street openings.
a. Street name signs, with pole, fee per sign..................$100
.
b. Street name signs without pole, fee per sign................$ 80
c. Regulatory signs, with pole, fee per sign...................$ 70
d. Regulatory signs, without pole, fee per sign................$ 50
[Resolution 13201]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-34- l~fJJ L~,J
Mester Fee Schedule
Pert J - General
3. Street Vacation Fees
The fee shall be a deposit to caver the City's full cost including
overhead for street closings or vacations or easements for publ ic
purposes, including investigation, costs of services provided by the
City in processing the application, and the preparation of maps,
plats or legal descriptions, shall be paid to the Engineering
Department at the time of filing of the application for said closing
or vacation. IC.V.M.C. 12.40.020]
E. TRAFFIC
1. Street Overload/Transportation Permit
a. Single-move transportation permit.........................$ 5.00
b. Multiple load transportation permit for a period up to six
months................................................... .$25.00
c. Duplicate copies of continuing transportation permit, each
..........................................................$ 1.00
d. Emergency move permit fees shall be double the single-move fee.
[Resolution 13201]
2. Traffic Signal Participation Fee
$10 for each trip
according to SANDAG
generation rates.
generated by intended land use description
(San Diego Association of Governments) trip
[Resolution 13201]
F. TREES
1. Street Tree Deposits
a. For all interior lots having less $110 per lot
than 75 feet of street frontage
b. For all other interior lots $216 per lot
c. For all corner lots whose street $216 per lot
frontage is less than 175 feet
d. For all corner lots whose street $430 per lot
frontage is 175 feet or more
[Resolution 13201]
G. REIMBURSEMENT DISTRICTS
~ Reimbursement District Formation
L. The costs of the formation of the reimbursement district shall
include as estimated bv the director of oublic works:
!l The costs of all notices oubl ished or mailed oursuant to
Chaoter 15.50 of the Municioal Code;
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-35- //,jj_ L/ )
/ L-/ ../'- ,
Master Fee Schedule
Part I - General
Zl The cost to the citv of associated staff time. Dreoaration
of the estimated costs of the facilities. determination of
the benefited area and estimate of the Grocer assessment.
!l.... The fee for formation of a reimbursement district shall be a
deoosit to cover the Citv's full cost includinQ overhead. In
the event a reimbursement district is not formed. the actual
costs shall be nonrefundable. but should thev be less than the
deoosit. the balance shall be refunded. In the event a
district is formed. the costs shall be considered an incidental
cost of the imorovements to be recouoed bv the terms of the
reimbursement aareement.
IC.V.M.C. 15.50.060]
WPC 10511 (Rev. 4/14/92)
Or;g;nol MFS on 09451 (10471)
-36- /l/~s 11'
Master Fee Schedule
Plrt I - General
.-
~I!AfI[R XII
EnQineerinQ - Sewer
A. CONSTRUCTION/DEVELOPMENT
1. Sewer Connection Charges
a. Minimum front footage charge: The payment of $16.00 per front
foot of the lot or parcel sought to be connected shall be
required, but such front foot charge shall not be imposed upon
a person who constructed or paid for the construction of the
sewer line into which he seeks to connect; or
b.
(Refer to Municipal Code.)
[Resolution 16225]
2. Sewer Construction Permit Fees
a. An Administrative fee of $17.00;
b. For construction of a four-inch diameter lateral in a street or
alley containing a single sewer main intended to serve abutting
properties on both sides, $884.00 plus $24.00 per foot of
chargeabl e 1 ength in excess of 35 feet. Chargeabl e 1 ength in
this case shall be one-half of the ultimate dedicated street or
alley width in feet except as noted in subsection 0;
c. For construct i on of a four- inch di ameter 1 atera 1 in the street
or alley contain i ng two sewer mains, each intended to serve
abutting properties on only one side, $884.00 plus $24.00 per
foot of chargeabl e 1 ength in excess of 35 feet. Chargeabl e
length in this case shall be the recorded distance from the
serving sewer to the ultimate street or alley right-of-way line
except as noted in subsection 0;
d. In those cases where the sewer lateral is to be installed at an
angle of more than fifteen degrees from perpendicular to the
roadway centerl i ne, the chargeabl e 1 ength determi ned per
subsections Band C shall be increased by the actual extra
length required because of such skew;
e. For six-inch diameter laterals, $3.00 per foot of chargeable
1 atera 1 1 ength as determi ned per subsections B, C and 0 shall
be charged in addition to the fee for installation of a
four-inch diameter lateral;
f. For the connection of laterals of any size to a trunk sewer ten
inches or more in diameter an additional amount of $36.00 for
extra work required to make such a connection shall be added to
the charges listed in subsections B, C and E.
g. For the placement of a tap in a sewer located in an easement,
the fee shall be $180.00.
[Resolution 16225]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-37-
,
,
, ,
13 - L/~r;/
Mester Fee Schedule
Part I - General
3. Sewerage Capacity Charge
a. The owner or person making application for a permit to develop
or modify use of any residential, commercial, industrial or
other property which is projected by the City Engineer to
increase the volume of flow in the City sewer system by at
least one-half of one equivalent dwelling unit of flow shall
pay a sewerage facil ity participation fee. The base charge is
hereby establ ished as $2,220 per equivalent dwelling unit of
flow.
b. One equivalent dwelling unit of flow is defined to be 265
gall ons per day of sewage generation. The fee for property
involving a modification in use shall reflect only the increase
in sewage generation projected from that property.
The foll owi ng rates of flow
utilized in determining the
property:
for vari ous land uses shall be
total fee due for any given
Land Use
Single family residence
Apartment/Condominium living unit
Hospital Bed
Mobil e Home
Equivalent Dwelling
Units of Flow
Motel, hotel living unit
Church, theater, auditorium
Per each unit of seating capacity
(one unit being 110 persons of any
fraction thereof)
1.0
0.75
1.0
1.0
0.33
1.0
Restaurant
2.67 plus seating allocation of 1.0
for each 10 seats or fraction
thereof
2.67 + variable
Service Station
2.50
.75
Self Service Laundry - per washer
Other
In the case of commercial, industrial and ather
developments not included above, the number of equivalent
dwelling units of flow shall be determined in each case by the
City Engineer and shall be based upon the estimated volume of
sewage to be discharged into the City sewer system. The flow
rate for property involving a modification in land use shall
WPC 10511 (Rev. 4/14/92)
Or;g;n8l MFS on 09451 (10471)
-38-
/;;.1T /lo/ &, ~
,-"./:7 Mester Fee Schedule
Pert t . GeneraL
reflect only the increase in sewage generation project from
that property which exceeds .50 equivalent dwelling units of
flow.
[Resolution 16225]
B. SERVICE CHARGES
1. Sewer Service Charges
In addition to other fees, assessments or charges provided by the
City code or otherwise, the owner or occupant of any parcel of real
property which said parcel is connected to the sewer system of the
City and to a water system maintained by the Sweetwater Authority or
the Otay Municipal Water District shall pay a sewer service charge
as follows, applicable to the first whole billing period subsequent
to July I, 1991:
a. Domest i c: The domestic sewer servi ce charge for each s i ngl e
family dwelling unit serviced by a separate water meter shall
be $12.21 per month;
b. Domestic: A monthly sewer service charge for other parcels of
real property used for domestic purposes as herein defined, and
serviced by a water meter shall be at the rate of $1.23 per
each one hundred cubic feet of water usage by such parcel, but
in no case less than $12.21 per month, nor more than $12.21 per
dwelling unit per month;
c. Commercial and industrial: A monthly sewer service charge for
premises used for ather than domestic purposes shall be at the
following rates per each one hundred cubic feet (HCF) of water
usage:
Low Strength: $1.12 per HCF water usage
Medium Strength: $1.38 per HCF water usage
High Strength: $1.86 per HCF water usage
Low strength is defined as wastewater with suspended sol ids
content under 200 parts per million (ppm). Medium strength is
defined as wastewater with at least 200 ppm but less than 600
ppm suspended sol ids. High strength is defined as wastewater
with suspended solids content of 600 ppm or more.
Wastewater strength categori es wi 11 be determi ned us i ng ei ther
the attached tabl e, "Proposed User Cl ass i fi cat ions and Assumed
Pollutant Concentrations" or actual sampling results, as
determined by the Director of Public Works. Dischargers who
believe that their total suspended solids concentration is
sufficiently low to qual ify for a different category of sewer
service charge billing may apply to the City Manager in writing
for a variance in accordance with Municipal Code Section
3.20.030. When there is a change in the rate payer, the
category will be re-evaluated.
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-39- /~/!J 1/ 7
Mester Fee Schedule
Pert I - General
:
d. Montgomery Area: Notwithstanding the above provisions, an
annua 1 sewer servi ce charge for premi ses in the former
Montgomery area shall be at the following rates:
1) Single Family: $131.18/year
2) Multiple Family: $98.39/year per unit
3) Mobilehome: $131.18/year
4) Low income: $91.83jyear (for single family residences)
5) Commercial/Industrial:
Low Strength - $1.00 per HCF water used
Medium Strength - $1.25 per HCF water used
High Strength - $1.70 per HCF water used.
These rates will be collected on the annual tax bill by the San
Di ego County Tax collector. Commercia l/i ndustri al wastewater
strength categories shall be defined and adjusted as stated
under Part C "Comme,rcial and Industrial".
e. High Volume Dischargers: Premises which discharge over 25,000
gallons per day (gpd) are classified as high volume
di schargers. These di schargers shall be billed bi -monthly by
the City of Chula Vista. Wastewater discharge shall be assumed
to be 90 percent' of water consumed, unless establ i shed
otherwise by an approved variance. A separate suspended solids
concentration shall be determined for each discharger based on
either the tabl e, "Proposed User Class i fi cat ions and Assumed
Pollutant Concentrations" or on actual sampling results, as
determined by the Director of Publ ic Works. The bi-monthly
rates shall be as follows:
1) Chula Vista excepting Montgomery:
Bimonthly billing charge E Average wastewater x $.083997 +
flow in gpd
Average waste-
water fl ow
in gpd
2) Montgomery area:
x Averaae oom susoended solids x 8.34 x $16.18
1,000,000
Bimonthly billing charge. Average wastewater x $074016 +
flow in gpd
Average waste-
water flow
in gpd
x AveraQe nom susnended solids x 8.34 x $15.21
1,000,000
[Resolution 16225]
~ Penaltv for Delinquent Pavment of Sewer Service CharQes
The fee for delinauencv in oavment of the sewer service charae shall
be an amount equal to twentv oercent of the service charQe.
[t.V.M.C. 13.14.150]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-40-
/L /ifJ-IV
Master Fee Schedule
Part I . General
3. Sewer Service Charges for Low Income Households
Low Income Households (as defined in Chapter I) including renters of
property who are eligible to receive a reduced rate far monthly
sewer servi ce charges, shall be bi 11 ed at the rate of $8.56 per
month per EDU. El igible residents of the incorporated Montgomery
District shall be billed at the rate of $91.83 per year per EDU.
The Finance Department of the City shall make available the required
application form and process all applications. Application will
require the submittal of information on total household income, the
number of persons in the household and the type of dwelling unit.
Proof of total annual income shall be furnished.
Single family residents, if eligible for the reduced sewer service
charge, shall have the option of recei vi ng the reduced charge of
$8.56 a month on their monthly or bi-monthly water bills from
Sweetwater Authority and Otay Water District or as an annual
refund. Montgomery area res i dents wi 11 only recei ve the reduced
charge of $91.83 per year as an annual refund.
Residents of apartments, condominiums or mobilehomes shall also be
entitled to the reduced sewer service charge. All eligible
occupants may recei ve the reduced sewer charge as an annual refund
only. Evidence that they have paid a sewer service charge of
greater than a minimum of $8.56 a month or $91.83 per year in the
Montgomery area shall be furni shed. Proof of tota 1 annual income
shall be submitted with the application form.
Requests for annual refunds shall be made by eligible households
between August 1 and September 30 of each year for the past fi sca 1
year beginning in July and ending in June. The applicant will be
notified of eligibility status within thirty (30) days of
application and if eligible, the refund forwarded within ninety (90)
days of application.
[Resolution 162251
4. Sewer Service Variance Fees
The owner or occupant of any premises requesting a variance from the
sewer service charges pursuant to the provisions of this section and
the rules and regulations approved by resolution of the City Council
shall pay a fee in the sum of $80.00 to cover the cost of
investigation of said request; provided, however, that no fee shall
be charged for a request for total exemption from the sewer service
charge. In addition, a special handling charge to cover the cost of
billing and inspections to be paid per building may be established
in the reso 1 ut i on grant i ng the vari ance, provided that the mi nimum
such charge shall be in the sum of $2.00. [Resolution 162251
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-41- /~//;J- L/;
Master Fee Schedule
Part I - General
c. STORM DRAINS
I. Storm Drain Fees
In addition to other fees, assessments or charges provided by the
city code or otherwise, the owner or occupant of any parcels of real
property which parcel is connected to the wastewater system of the
city and to a water system maintained by the Sweetwater Authority,
the Otay Muni ci pal Water Di stri ct or the Ca 1 iforni a-Ameri can Water
Company shall pay a storm drain fee as follows:
a. Domestic, Single Family: Each single family dwelling unit
serviced by a separate water meter - $.70 per month.
b. Domestic, Multi -family, and Commercial and Industrial: Parcel s
of real property used for domestic purposes as herein defined
other than single family dwellings, and commercial and
industrial establishments, and serviced by a water meter - $0.6
per each one hundred cubic feet of water usage by such parcel,
but in no case more than $500.00 per month.
c. Montgomery Area: Notwithstanding the above provlslons, an
annua 1 Storm Drai n Fee for parcel sin the former Montgomery
area shall be at the following rates:
1) Domestic Single Family (including mobilehomes): $8.40 per
year.
2) Domestic Multi-Family and Commercial and Industrial:
$.0-6 per hundred cubic feet of water usage, based on the
pri or year's actual consumpt i on, subject to annual
adjustment for covergae or underage based on current
year's more than $6,000 per year. These rates wi 11 be
co 11 ected on the annual tax bi 11 by the San Di ego County
Tax Coll ector.
[Resolution 162001
D. PUMP STATIONS
~ Penaltv for Delinquent Pavment of Pumo Station CharQes
The fee for delinauencv in oavment of the Duma station charQe shall
be an amount eoual to twentv oercent of the service charQe.
IC.V.M.C. 13.14.1501
E. INDUSTRIAL
1. Wastewater Discharge Permit Fees (Industrial)
The fee for an initial, annual renewal, or amended industrial
wastewater di scharge permi t shall be based upon the permi t category
(Table "A") to which the permitted industry is assigned, and the
average daily volume of industrial wastewater discharged to the
public sewer system in the amount set forth in Table "B".
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-42- /C)(5 ~ ~t)
Master Fee Schedule
Part I . General
.-
TABLE A
Permit CateQorv
Descriotion
I
Industries which discharge wastewater from a
process subject to EPA categorical standards set
forth in 40 Code of Federal Regulations, Section
403, Appendix C, as amended from time to time.
The industries currently subject to EPA
categorical standards are included herein by
reference, but are subject to change. (SEE
APPENDICIES)
2 Industries that are not subject to EPA
categori ca 1 standards but which discharge
wastewater containing toxic po 11 utants
identified by EPA in 40 CFR, Section 403,
Appendix B. The current list of toxic
po 11 utants i dent Hi ed by EPA is included herein
by reference, but is subj ect to change. (SEE
APPENDICIES)
3
Industries not subject to EPA categorical
standards and which do not discharge wastewater
containing EPA identified toxic pollutants.
TABLE B
Flow IAveraae Dailvl
Industrial Wastewater
Flow in Gallons Per Dav
More than 100,000
50,001 to 100,000
25,001 to 50,000
10,001 to 25,000
100 to 10,000
Less than 100
1
$2,000
1,500
1,250
650
500
25
Permit Fee IAnnuall
Permit Category
2
$1,200
1,000
600
500
275
25
3
$1,000
600
500
300
200
25
[Resolut;on 16225]
WPC 10511 (Rev. 4/14/92)
Or;g;n8l MFS on 09451 (10471)
-43- /;)!f~;/
Master Fee Schedule
Pert 1 - General
'HAfIER XIII
fA!:tl
A. PARKLAND ACQUISITION IN-LIEU FEES
DwellinQ Unit Tvoe
Single Family
Attached
Duplex
Multi-family
Mobil ehome
Residential Motels and
Hotels and Transient
Motels and Hotels
B. PARKLAND DEVELOPMENT IN-LIEU FEES
Owe 11 i ng Un i t
DU Type
Single Family
Residential Hotel
Duplex
Mult i-family
Mobilehome
Residential Motels
and Hotels and
Transient Motels
and Hotels
WPC 10511 (Rev. 4/14/92)
Orlgin.l MFS on 09451 (10471)
Neighborhood
Park
$1510/du
$1310/du
$1160/du
$1030/du
$770/du
$700/du
-44-
$2115/du
$1830/du
$1625/du
$1440/du
$1070/du
$980/du
[Resolution 16146]
Community
Park Total
$750/du $2260/du
$670/du $1980/du
$580/du $1740/du
$520/du $1550/du
$390/du $1160/du
$350/du $1050/du
[Resolution 16146]
/I/{J,-/< ~
Master Fee Schedule
Part 1 - General
U!AfIER !l~
Planninll
A. ANNEXATION
1. Annexation Deposit
The fee for petitioning the annexation of territory to the City
shall be a deposit to cover the City's full cost including overhead.
[Resolution 13201]
B. APPEALS AND HEARINGS
1. Appeals and Requested Actions before the Planning Convnission and
Zoning Administrator
a. For all appeals from actions of the Planning Convnission, City
Councilor any appeal filed pursuant to Chapter 19.12 or 19.14
of the Chula Vista Municipal Code, the fee shall be one-half of
the original application fee, with a minimum of $125.00, unless
the original fee was a deposit to cover the City's full cost
including overhead, in which case the fee for an appeal shall
also be a deposit to cover the City's full cost including
overhead.
b. Miscellaneous request for action by the Planning Commission
1) If a public hearing is not required: $350
2) If a public hearing is required: a deposit to cover the
City's full cost including overhead
c. Recreational Vehicle Regulations Appeal
Administrator's decision on front yard parking
of Zoning
$25 appeal fee
[ResolutIon 13201]
C. CONDITIONAL USE/VARIANCES
I. Conditional Use Permits and Variances
a. Variance or Conditional Use Permit - Zoning Administrator
For conditional use permits and variances which do not require
a public hearing, the fees shall be:
1) $350 fil i ng fee for a conditional use permit
2) $ 25 fil i ng fee for a satellite dish antenna variance
3) $200 filing fee for any other variance
WPC 10511 (Rev. 4/14/92)
OrIgInal MFS on 09451 (10471)
-45- /L~'6-_s}>
Master Fee Schedule
Part J - General
b. Conditional Use Permit - Public Hearing
Appl ications for conditional use permits shall be made to the
Planning Convnission in writing on a form prescribed by the
Planning Convnission and shall be accompanied by plans and data
sufficient to show the detail of the proposed use or building.
The appl ication shall be accompanied by a deposit to cover the
City's full cost including overhead. The Director of Planning
shall cause the matter to be set for hearing in the same manner
as required for setting zoning matters for hearing. The
Director of Planning or the Planning Convnission shall have the
d i scret i on to i nc 1 ude in the not ice of the heari ng on such
application notice that the Planning Convnission will consider
classification of other than that for which application is made
and/or additional properties and/or uses. In those cases where
the appl ication conforms to the requirements of Section
19.14.030A of the Municipal Code, the application shall be
directed to the zoning administrator.
c. Variance - Public Hearing
1) $50 nonrefundable fil ing fee for a satell ite dish antenna
variance
2) $440 nonrefundable filing fee for any other variance
d. Conditional Use Permit Modification/Extension
The fee for modification/extension of a conditional use permit
shall be as follows:
1) If a public hearing is not required, $140.00
2) If a public hearing is required, $280.00
e. Variance Modification/Extension
The fee for modification/extension of a variance shall be as
follows:
1) If a public hearing is not required; $140.00
2) If a public hearing is required; $280.00.
[Resolution 13201]
D. PLAN REVIEW AND INSPECTION
1. Design review approval
a. Projects subject to public hearing by the Design Review
Committee
I) $500 processing fee
2) $280 processing fee for a request for extension or
modifications to the plan
WPC 10511 (Rev. 4/14/92)
OrIgInal MFS on 09451 (10471)
-46-
! '). /1. _.!:LI
/ /1) ._'
. L ..
Master Fee ScheduLe
Part I . General
b. Minor projects subject to review by the Zoning Administrator
1) $200 processing fee
2) $100 processing fee for a request for extension or
modifications to the plan
2. Environmental Review Processes
[Reaolutlon 14107]
a. A request to initiate the preparation of an EIR and candidate
CEQA fi nd i ngs shall be accompan i ed by a depos i t to cover the
City's full cost including overhead.
b. Prior to the signing of an agreement for the preparation of an
EIR and CEQA finding, the project proponent shall deposit with
the Department of Finance the amount necessary to reimburse the
City hired consultant.
Fee Schedule
c. Selection of consultant and processing
of an EIR and candidate CEQA findings
d. Consultant preparation of an EIR and
candidate CEQA findings
e. City staff preparation and processing
of an EIR and candidate CEQA findings
f. Processing application for an Initial
Study and preparation of Negative
Declaration
g. Review and use of previously prepared
EIR and the preparation of candidate CEQA
findings
h. Review of previous Initial Study and
the use of previous Negative Declaration
i. Appeal of Planning Commission request
for more information
A deposit to cover
the City's full
cost including
overhead
A deposit to cover
the City's full
cost including
overhead
A deposit to cover
the City's full
cost including
overhead
A deposit to cover
the City's
full cost
including overhead
A deposit to cover
the City's
full cost
including overhead
$140
$145
j. Review of consultants qualifications for $ 35
placement on the list of environmental
consultants
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-47- //6_<';/
Master Fee Schedule
Part I - General
k. Placement on list to receive all
environmental review notices
$ 50
1. Copy of the Environmental Review
Procedures and all ERC guideline
requirements, etc.
$ 5
[Resolution 13201]
3. General Plan Amendment
The fee for processing General Plan amendment appl ications shall be
a deposit to cover the City's full cost including overhead.
[ResolutIon 13201]
4. Landscape Plan Approval/Landscape Inspection
a. The fee for approval of a landscape plan shall be $150.00 plus
$35 per sheet in excess of 4 sheets.
b. The fee for inspection of landscaping installation shall be
$100/inspection visit.
[Resolution 13201]
5. PC Zone - General Development Plan and Modifications
The fees shall be depos i ts to cover the City's full cost i ncl udi ng
overhead. [ResolutIon 13201]
6. Planned Unit Developments and Modifications
The fee for planned unit developments or modification thereof shall
be the City's full cost including overhead.
[ResolutIon 13201]
7. Precise Plan Approval and Modifications
a. The application shall include:
The name and address of the applicant and of all persons owning
any or all of the property proposed to be used. The
application must be signed by the owner/option holder, or
written permission must be given authorizing an agent to sign
the application.
b. All data and maps as specified in the Municipal Code.
c. The fee for processing a precise plan or a modification thereof
shall be a deposit to cover the City's full cost including
overhead.
[ResolutIon 13201]
8. Sectional Planning Area Plan and Modifications
The fees shall be depos its to cover the City's full cost i ncl udi ng
overhead. [ResolutIon 13201]
WPC 10511 (Rev. 4/14/92)
Original MFS on 09451 (10471)
-48- ~fJ !3/}:-:1/
Master Fee Schedule
Part I ~ General
9. Site Plan and Architectural Approval (Zoning Administrator)
The fees for site plan and architectural approval, no part of which
are refundable, are:
a. $100, building valuation $20,000-$100,000
b. $150, building valuation $100,001-$200,000
c. $250, building valuation $200,001+
[Re~olutlon 13201]
10. Specific Plan Development Proposal and Modifications
a. The fee for a specific plan proposal or modification shall be a
deposit to cover the City's full cost including overhead.
b. At the discretion of the Zoning Administrator, this deposit may
be waived for small projects in favor of a $130 flat fee.
[Resolut;on 13201]
11. Tentative and Vestino tentative Map Fee1
Pri or to the submi ss i on of a tentative map or a vest i no tentative
maD to the Planning Department for processing, the property owner or
subdivider shall deposit with the City the amount to cover the
City's full cost including overhead, incurred in conjunction with
review and processing of said map. ';r('I/tA44'tt#J/NrlN'/WrlrlY//.Y1.Al-lo
~~/~~~~/pfjpf/~p/~j~i/~p~~tjJ/~p~tj~~f~~jp~/p'/~~~/l~~~~~j1~/~~pJ
[Resolution 13201]
E. SIGNS
1. Sign Permits
a. Signs up to 20 sq. ft.
b. 21 sq. ft.-50 sq. ft.
c. In excess of 50 sq. ft.
d. Special or temporary permit, banners, etc.
e. Temporary real estate
f. Community identification signs
$ 20.00
30.00
50.00
50.00
100.00
100.00
[Resolution 13201]
2. Signing Program Application and Modifications
a. The Planned Signing Program appl ication fee shall be a deposit
to cover the City's full cost including overhead.
b. The fee for a modification to an approved sign program shall be
$150.
WPC 10511 (Rev. 4/14/92)
OrIgInal MFS on 09451 (10471)
I 1 u? :; ')/
-49- /', '{//> J
- /
Master Fee Schedule
Part J . General
F. ZONING
1. Rezon i ng
Appl ications for any change in zone boundaries, classification or
reclassification of zones made by one or more owners or parties of
interest in the property within the area to be affected by the
proposed action shall be filed with the Director of Planning,
accompanied by such data and information which would insure a full
presentat i on of the facts and ci rcumstances to justify the
reasonableness of the proposed action. Said application shall be in
a form as approved by the Planning CORVnission and shall be affirmed
by the applicant. Each application shall be accompanied by a
deposit to cover the City's full cost including overhead.
[Resolution 13201]
2. Zoning Code Applications subsequent to a violation
The fee required for applications subsequent to a violation of Title
19 of the Municipal Code shall be double the amount that would
normally be required. Such double fee shall not be construed as a
pen a lty, but shall be construed as an added fee requi red to defray
the additional expense of investigation and enforcement by the City
as a result of failure to comply with the provisions of the title.
[ResolutIon 13201]
3. Zon i ng Permit
$15 fi 1 i ng fee
[ResolutIon 13201]
WPC 10511 (Rev. 4/14/92)
OrigInal MFS on 09451 (10471)
-50-
! / I/}
./ ' '>
'L ...--/
~ /
,:::5
Mester Fee Schedule
Pert I . General
~I!AfIER !~
Other Fees
A. Development Impact Fees
Development impact fees shall be assessed as authorized through
Ordinances 2251 and 2320 and in accordance with the city's transportation
and public facilities development impact fee programs as presently
established or as they may be updated from time to time by city council
ordinance amending the development impact fee programs. The appl icable
fee amounts appear in the development impact fee documents themsel ves.
Copies of these documents are available for review in the Engineering
Department and Administration offices.
[Ordinance 22511
[OrdInance 2320]
WPC 10511 (Rev. 4/14/92)
OrigInal MFS on 09451 (10471)
-51-
J Li) {S ;,Z: 7'
Master Fee Schedule
Part J - General
APPENDIX A
CITY OF CHULA VISTA
FULL COST RECOVERY MULTIPLIERS BY DEPARTMENT AND DIVISION
The multipliers are as follows: Engineering - 2.558; Planning - 2.816;
Building and Housing - 2.109 for fees set at 75% FCR and 2.812 for fees set at
100% FCR.
WPC 10541
/ [)/;; 6 (J
APPENDIX B
HUD LOW/MODERATE INCOME STANDARDS
In determining eligibility, the fo 11 owi ng table based on HUD figures (50% of
median income) sha 11 be used:
No. in Household Total Annual Income {Gross}
1 $11,000
2 12,550
3 14,150
4 15,700
5 16,700
6 17,650
7 18,650
8 19,650
9 20,700
$1,000 annual income a 11 owed for each additional person in the
household after 9 people.
WPC 10541
/. --) 'J
j(/ (, /)
o
APPENDIX C
CONSTRUCTION VALUATION
OCCUPANCY & TYPE VALUE/SO FT. OCCUPANCY & TYPE VALUE/SO FT.
APARTMENT HOUSES: FIRE STATIONS:
*TYPE I OR II-F.R. 86.00 TYPE I OR III-F.R. 90.00
TYPE V OR III (MASONRY) 70.00 TYPE II I-HOUR 59.00
TYPE V WOOD FRAME 63.00 TYPE II-N 56.00
TYPE I BASEMENT GARAGE 30.00 TYPE II I I-HOUR 65.00
TYPE I11-N 62.00
BANKS: TYPE V I-HOUR 58.00
*TYPE I OR II-F.R. 118.00 TYPE V-N 55.00
TYPE II I-HOUR 85.00
TYPE II-N 81. 00 OFFICES:
TYPE III I-HOUR 96.00 TYPE I OR II-F.R. 85.00
TYPE I II-N 92.00 TYPE II I-HOUR 55.00
TYPE V I-HOUR 85.00 TYPE II-N 52.00
TYPE V-N 81. 00 TYPE III I-HOUR 61.00
TYPE III-N 58.00
CHURCHES: TYPE V I-HOUR 56.00
TYPE I OR II-F.R. 78.00 TYPE V-N 53.00
TYPE II I-HOUR 58.00
TYPE II-N 55.00 PRIVATE GARAGES:
TYPE I II I-HOUR 63.00 WOOD FRAME 18.00
TYPE 11 I-N 60.00 MASONRY 22.00
TYPE V I-HOUR 57.00 OPEN CARPORTS 13.00
TYPE V-N 54.00
WPC 10541
/Ii/f<' J/,2
/ C/::'" )
PUBLIC BUILDINGS:
CONVALESCENT HOSPITALS: TYPE I OR II-F.R. 99.00
TYPE II I-HOUR 74.00
*TYPE I OR II-F.R. 111. 00 TYPE II-N 71.00
TYPE III I-HOUR 79.00 TYPE I II I-HOUR 83.00
TYPE V I-HOUR 71. 00 TYPE I II-N 79.00
TYPE V I-HOUR 73.00
DWELLINGS:*** TYPE V-N 70.00
TYPE V ADOBE 92.00
TYPE V MASONRY 77.00 PUBLIC GARAGES:
TYPE V WOOD FRAME 73.00 *TYPE I OR II-F.R. 39.00
BASEMENTS (SEMI-FINISHED) 18.00 TYPE I OR II OPEN PARKING 31. 00
TYPE II-N 23.00
ADDITIONS - WOOD FRAME 73.00 TYPE I II I-HOUR 28.00
SOLARIUMS 73.00 TYPE I11-N 26.00
TYPE V I-HOUR 23.00
RESTAURANT: INDUSTRIAL PLANTS:
TYPE III I-HOUR 74. 00 TYPE I OR II-F.R. 45.00
TYPE III - N 70.00 TYPE I I I-HOUR 31. 00
TYPE V I-HOUR 65.00 TYPE II (STOCK) 29.00
TYPE V-N 62.00 TYPE I I I I-HOUR 34.00
TYPE I II-N 32.00
SCHOOLS: TIL T UP 23.00
TYPE I OR II-F.R. 89.00 TYPE V I-HOUR 31.00
TYPE II I-HOUR 63.00 TYPE V-N 29.00
TYPE III I-HOUR 64.00
, TYPE III-N 60.00 MEDICAL OFFICES:
TYPE V I-HOUR 58.00 *TYPE I OF II-F.R. 95.00
TYPE V-N 55.00 TYPE I I I-HOUR 71.00
TYPE II-N 67.00
SERVICE STATIONS: TYPE II I I-HOUR 77.00
TYPE II-N 53.00 TYPE I II-N 74.00
TYPE III I-HOUR 53.00 TYPE V I-HOUR 72.00
TYPE V I-HOUR 46.00 TYPE V-N 68.00
CANOPIES 20.00
STORES:
HOSPITALS: *TYPE I OR II-F.R. 66.00
*TYPE I OR II-F.R. 130.00 TYPE II I-HOUR 40.00
TYPE III I-HOUR 108.00 TYPE II-N 39.00
TYPE V I-HOUR 100.00 TYPE II I I-HOUR 49.00
TYPE I II-N 46.00
HOTELS & MOTELS: TYPE V I-HOUR 39.00
*TYPE I OR II-F.R. 81. 00 TYPE V-N 37.00
TV PE III 1- HOUR 70.00
TYPE II I"N 67.00 THEATERS:
TYPE V I-HOUR 61.00 TYPE I OR II-F.R. 87.00
TYPE V-N 58.00 TYPE II I I-HOUR 63.00
TYPE I II-N 60.00
WAREHOUSES: TYPE V I-HOUR 57.00
TYPE I OR II-F.R. 39.00 TYPE V-N 54.00
TYPE II I-HOUR 23.00
TYPE II-N 22.00 EOUIPMENT:
TYPE I I I I-HOUR 27.00 AIR CONDITIONING (COMMERCIAL) 3.40
TYPE II I-N 26.00 AIR CONDITIONING (RESIDENTIAL) 2.8Q
TYPE V I-HOUR 23.00 SPRINKLER SYSTEMS 1.60
TYPE V-N 22.00
J " ,<i '.-7
WPC 10541 /,1,(, I)>
, C ' ,'/ ifC'
* ADD 0.5 PERCENT TO THE TOTAL COST FOR EACH STORY OVER THREE.
** DEDUCT 11 PERCENT FOR MINI-WAREHOUSES.
***FOR SUBDIVISIONS WITH 10 OR MORE SINGLE-FAMILY DWELLINGS WHICH HAVE PLAN
CHECK AND BUILDING PERMIT ISSUANCES IN GROUPS OF 10 OR MORE, THE VALUATION
OR THE PLAN CHECK AND BUILDING PERMIT FEES MAY BE DECREASED BY 10 PERCENT.
WPC 10541
i()('S - d) L/
AGRICULTURAL BUILDING
ALUMINUM SIDING
ANTENNAS
RADIO, OVER 30 FT. IN HEIGHT
DISH, 10 FT. DIA. W/DECODER
AWNING OR CANOPY (SUPPORTED BY BUILDING)
ALUMINUM
CANVAS
BALCONY
CLOSE EXTERIOR WALL OPENING
Ufill (WOOD)
DEMOLITION OF BUILDING
FENCE OR FREESTANDING WALL
WOOD OR CHAIN LINK
WIRE
MASONRY
WROUGHT IRON
FIREPLACES
CONCRETE OR MASONRY
PREFABRICATED METAL
GREENHOUSE
INTERIOR PARTITION
INSTALL WINDOW OR SLIDING
GLASS DOOR
MANUFACTURED HOUSING (25% OF VALUE
OF "SITE-BUILT" HOUSE)
PATIO
WOOD FRAME WITH COVER
METAL FRAME WITH COVER
WOOD FRAME - COVER AND WALLS
METAL FRAME - COVER AND WALLS
SCREEN OR PLASTIC WALLS
PILE FOUNDATIONS
CAST-IN-PLACE CONCRETE
STEEL
PLASTERING
INSIDE
OUTSIDE
WPC 10541
$14.25 SQ. FT.
$ 4.25 SQ. FT.
$2,600.00 EACH
$3,150.00 EACH
$15.50 SQ. FT.
$ 6.50 SQ. FT.
$10.75 SQ. FT.
$10.75 SQ. FT.
$10.75 SQ. FT.
$23.75 SQ. FT.
$ 1. 50 SQ. FT.
$ 1. 50 SQ. FT.
$ 6.50 SQ. FT.
$ 4.25 SQ. FT.
$2,600.00 EACH
$1,775.00 EACH
$ 4.25 SQ. FT.
$36.25 LIN. FT.
$11.25 SQ. FT.
$18.25 EACH
$ 6.50 SQ. FT.
$ 8.25 SQ. FT.
$ 9.50 SQ. FT.
$10.75 SQ. FT.
$ 2.25 SQ. FT.
$16.00 LIN. FT.
$38.50 LIN. FT.
$2.00 SQ. FT.
$2.00 SQ. FT.
, 11 'z./
',/ / .~ /,,' "7
/.' ,./. u/"../
- ~
RELOCATED BUILDINGS (FEE SAME AS FOR
NEW BUILDINGS)
RETAINING WALL
CONCRETE OR MASONRY
RE-ROOFING (1 SQUARE . 100 SQUARE FEET)
BUILT-UP
COMPOSITION SHINGLES
FIBERGLASS SHINGLES
ASBESTOS-CEMENT SHINGLES
WOOD SHINGLES
WOOD SHAKES
ALUMINUM SHINGLES
CLAY TILE
CONCRETE TILE
ROOF STRUCTURE REPLACEMENT
SAUNAS (STEAM)
$13.00 SQ. FT.
$100.00 SQ.
$ 92.00 SQ.
$ 92.00 SQ.
$219.00 SQ.
$219.00 SQ.
$219.00 SQ.
$330.00 SQ.
$277 .00 SQ.
$234.00 SQ.
$10.75 SQ. FT.
$6,500.00 EACH
SHELL BUILDINGS
A SHELL BUILDING IS DEFINED AS A BUILDING FOR WHICH HVAC, LIGHTING,
SUSPENDED CEILINGS, PLUMBING AND ELECTRICAL SYSTEMS, PARTITION LAYOUTS AND
INTERIOR FINISH ARE NOT SHOWN ON THE PLANS AND FOR WHICH SEPARATE TENANT
IMPROVEMENT PLANS WILL BE SUBMITTED FOR PLAN CHECK AT A LATER DATE SHOWING
THESE ITEMS. WAREHOUSES AND INDUSTRIAL BUILDINGS SHALL NOT BE CONSIDERED
SHELL BUILDINGS. THE VALUATION FOR SHELL BUILDINGS SHALL BE TAKEN AS 80
PERCENT OF THE VALUATION FOR THE COMPLETED BUILDING.
SOLAR
VALUE PLUS PLUM8ING, ELECTRICAL,
WATER AND HEATING
PLAN CHECK FEE
ONE BUILDING
ADDN'L BLDG. AT SAME LOCATION
BUILDING PERMIT FEE (PER GROSS FLOOR
AREA OF COLLECTOR)
FIRST 100 SQUARE FEET
COLLECTOR AREA OVER 100 SQ. FT.
REINSPECTION FEE
SPA OR JACUZZI
STAIRS
STONE AND BRICK VENEER
SWIMMING POOL (PER SQ. FT. OF
SURFACE AREA)
VINYL LINED
GUNITE
FIBERGLASS
WPC 10541
$1,175.00 EACH
--OR--
$29.50 EACH
$11.75 EACH
.47 SQ. FT.
.06 SQ. FT.
$17.75 EACH
$5,325.00 EACH
$10.75 SQ. FT.
$ 6.50 SQ. FT.
$25.00 SQ. FT.
$27.25 SQ. FT.
$29.50 SQ. FT.
i ) (5- tv
TENANT IMPROVEMENTS
THE VALUATION OF TENANT IMPROVEMENTS SHALL BE $21.00 PER SQ. FT. OR THE
ACTUAL CONSTRUCTION COST ESTIMATE.
SIGNS AND BILLBOARDS
NON-ILLUMINATED
ILLUMINATED
ROOF
1 FACE
2 FACE
l4AJ..!..
1 FACE
PROJECTING
1 FACE
2 FACE
$19.25 SQ. FT.
$27.25 SQ. FT.
$31.50 SQ. FT.
$44.50 SQ. FT.
$13.00 SQ. FT.
$27.25 SQ. FT.
$18.50 SQ. FT.
$27.25 SQ. FT.
$38.25 SQ. FT.
$44.50 SQ. FT.
fQlf (VALUE PLUS SUPPORTING STRUCTURE)
1 FACE $19.25 SQ. FT.
2 FACE $27.25 SQ. FT.
BILLBOARDS (VALUE PLUS SUPPORTING STRUCTURE)
1 FACE $19.25 SQ. FT.
2 FACE $27.25 SQ. FT.
$31.50 SQ. FT.
$44.50 SQ. FT.
$31.50 SQ. FT.
$45.50 SQ. FT.
SUPPORTING STRUCTURE
$44.50 UN. FT.
[C.V.M.C. 15.08]
WPC 10541
~Ia -~ .'7
{, ~../
APPENDIX 0
TABLE 2
LIST OF 65 TOXIC POLLUTANTS IDENTIFIED BY EPA
Acenaphthene
Acrolein
Acrylonitrile
Aldrin/Dieldrin
Antimony and compounds
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and compounds
Cadmium and compounds
Carbon tetrachloride
Chlordane
Chlorindated benzenes
Chlorinated ethanes
Chloralkyl ethers
Chlorinated naphthalene
Chloroform
2-Chlorophenol
Chromium and compounds
Copper and compounds
Cyanides
DDT and metabolites
Dichlorobenzenes
Dichlorobenzidine
Dichloroethylenes
2,4-dichlorophenol
Dichloropropane &
Dichloropropene
2,4-dimethylphenol
Dinitrololuene
Diphenylhydrazine
Endosulfan and metabolites
Endrin and metabolites
Ethybenzene
F1 uoranthene
Haloethers
Halomethane
Heptachor and metabolites
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachlorocyclohexane
Isophorone
Lead and compounds
Mercury and compounds
Napththalene
Nickel and compounds
Nitrobenzene
Nitropheno 1 s
Nitrosamines
Pentachlorophenol
Phenol
Phthalate esters
Polychlorinated biphenyls (PCBs)
Polynuclear aromatic
hydrocarbons
Selenium and compounds
Silver and compounds
2,3,7, 8-tetrachlorodibenzo-
p-dioxin (TCOD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trichloroethylene
Vinyl chloride
Zinc and compounds
[Resolution 16225]
WPC 10541
/vl5/?7
./
APPENDIX D
WASTEWATER DISCHARGE PERMITS
TABLE 1
Industries within these categories have been identified as potential
dischargers of either prohibited wastes or toxic pollutants. Table 2 1 ists
the toxic pollutants identified by the Environmental Protection Agency (EPA).
INDUSTRIAL CATEGORIES
Adhesives and Sealants Mfg.
Aluminum Forming
Asbestos Mfg.
Auto Repair
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N N N .
CITY COUNCIL AGENDA STATEMENT
ITEM I'
MEETING DATE: 4/21/92
II.S~
ITEM TITLE: Resolution Appropriating Funds for Non-Public Liability
C)~l Costs (Jones Intercable Lawsuit)
SUBMITTED BY: City Attorney l~
4/5ths Vote: Yes-X--No
During the 1991-92 budget preparation process, the City Attorney's office
requested $110,000 in connection with the special litigation costs anticipated
to be incurred in connection with the Jones Intercable litigation, among other
various cases.
We agreed to reduce our request by S30,000 with the understanding that if the
litigation costs exceeded the budgeted amount during the fiscal year, we would
reapproach the Council with a request for additional funds.
Unfortunately, as anticipated originally, the budgeted amount is insufficient and
it appears that our original estimate will be required in order to pay the costs
estimated for the 1991-92 fiscal year associated with this litigation.
RECOMMENDATION: Adopt the attached resolution authorizing the appropriation of
an additional $30,000 to pay for these litigation costs.
BOARDS/COMMISSION ACTION: N/A
DISCUSSION:
To date we have paid $152,503.52 for the Jones litigation over the last two
years, $76,390.91 of which has been paid in the current 1991-92
fiscal year.
At the beginning of this year, we estimated that it would cost $110,000 for the
current year's portion of the litigation and based our budget request on that
amount. During the budget hearing process, it was reduced to $80,000 with the
understanding with the City Manager's office that if more was required during the
fiscal year, we would come back and request same. It now appears that we will
need the $110,000 originally estimated for this litigation inasmuch as it is
currently April, we have an outstanding $5,943.40 bill and our attorneys estimate
that, in order to gear up for the federal mandatory settlement conference and
trial that we will need an additional $30,000 during this fiscal year.
We therefore request that you pass the attached resolution authorizing the
appropriation of same.
FISCAL IMPACT:
Appropriate $30,000 from the unappropriated balance of the General Fund to
Account 100-0150-5202.
C:\a113\ailldorf appropr
\\-1
RESOLUTION NO.Jl.o'5~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR NON-PUBLIC
LIABILITY LEGAL COSTS
WHEREAS, during the 1991-92 budget process, the city
Attorney's office requested $110,000 in connection with the special
litigation costs anticipated to be incurred in connection with the
Jones Intercable litigation; and
WHEREAS, our request was reduced by $30,000 with the
understanding that if the litigation costs exceeded the budgeted
amount during the fiscal year, we could reapproach the Council with
a request for additional funds; and
WHEREAS, as we anticipated originally, we have exceeded
,the budgeted amount and it appears that our original estimate will
be required in order to pay the costs estimated for the 1991-92
fiscal year associated with this litigation.
,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby appropriate $30,000 from the
unappropriated balance of the General Fund to be transferred into
Account 100-015 5202.
tedX
as to form by
ity Attorney
C:\rs\silldorf
\ \ "'2..
COUNCIL AGENDA STATEMENT
Item: 1?-
Meeting Date:4/21/92
ITEM TITLE:
Resolution \t.c;.tl Accepting the donation to the City of
several guest tours aboard the yacht "Osprey" from the Baldwin
Company and designating City representatives.
SUBMITTED BY:
City Manager;"
(4/5ths Vote: Yes___ No X )
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Baldwin Company has written a letter to the City regarding spectator seating
aboard the yacht "Osprey" during the America's Cup races. As the "Osprey" is
Chula Vista's flagship for the America's Cup, the company is offering several
spots for use by City representatives. All expenses will be paid by the company.
Fifteen spots may be made available on each of the following dates: May 9, 10 and
14. The excursion times will be roughly 10:00 a.m. to 5:00 p.m.
The City has previously adopted a procedure for accepting donations such as this
in a manner which does not result in the City representatives incurring a
reportable interest or a conflict of interest under F.P.P.C. regulations. By
offering the spots to the City and allowing the City to designate who the
representatives will be, the cost of the donation does not become a gift to the
individual representative.
Staff recommends that the City Manager designate appropriate City officials,
staff, board and commission members, and other individuals to fill the allottable
spots. Due to the number of spots which are potentially available, staff has
prepared a form to gauge interest and facilitate scheduling.
FISCAL IMPACT: None
\')..-1
RESOLUTION NO. )t.~K1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE OONATION OF SEVERAL GUEST TOURS
ABOARD THE YACHT "OSPREY" TO THE CITY FROM THE BALOWIN
COMPANY AND DESIGNATING CITY REPRESENTATIVES.
The City Council of the City of Chula Vista does hereby resolve as
fo llows:
WHEREAS, The Baldwin Company has offered to donate fifteen guest
tours, on each of three separate dates that the America's Cup races will be run,
for City representat i ves aboard the yacht "Osprey," and
WHEREAS, the "Osprey" is Chula Vista's official America's Cup
flagship, the City feels it is appropriate to have City representatives on board
demonstrating support for the America's Cup and advertising the City's interest
and support by their presence as official representatives of the City,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept the donation of fifteen guest tours on each of the
dates of May 9, 10 and 14, 1992, aboard the "Osprey."
BE IT FURTHER RESOLVED that the City Council delegates to the City
Manager authority to designate the remaining individuals to serve as the City's
representatives on said tours. The City Manager shall designate officers,
employees, or members of City advisory boards or commissions or members of the
Chula Vista general public who have contributed their funds or volunteer time
toward the success of the America's Cup races.
Presented by
Approved as to form by
John O. Goss, City Manager
O. Richard Rudolf,
Assistant City Attorney
l)"- 1.
COUNCIL AGENDA STATEMENT
ItemJ3
Meeting Date 4/21/92
ITEM TITLE: Resolution I("S82... Accepting bids and awarding contract to
Hawthorne Machinery Company for the purchase of vibratory
Roller/Compactor
SUBMITTED BY: Director of Finance ~
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-)
Bids were received and opened at 3:00 p.m. on March 26, 1992, in the Office of
the Purchasing Agent for the purchase of one vibratory Roller/Compactor. The
equipment will be used by the Streets Division of Public Works Operations for
street repair. The machinery is a large roller with adjustable vibration that
is used for overlay compaction.
RECOMMENDATION: That Council accept the bids and award the contract to
Hawthorne Machinery Company
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bid proposal forms were mailed to prospective vendors with the following bids
received:
Bidder
Trade-In
Unit Price Sales Tax Allowance Amount
$26,096.00 $2,022.44 $5,096.00 $23,022.44
29,995.00 2,324.61 No bid 32,319.61
Machinery Company meets specification and is
Hawthorne Machinery Co.
San Diego
Clairemont Equipment Co.
San Diego
The low bid of Hawthorne
acceptable.
FISCAL IMPACT: Sufficient funds are provided for in FY 91-92 equipment
replacement budget for the purchase of this equipment.
WPC 0308U
\ ~, \
RESOLUTION NO. rloSt 1..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO HAWTHORNE MACHINERY COMPANY FOR
THE PURCHASE OF VIBRATORY ROLLER/COMPACTOR
WHEREAS, the following two bids were received and opened at
3:00 p.m. on March 26, 1992 in the Office of the Purchasing Agent
for the purchase of one vibratory Roller/Compactor:
~
Unit Price
Sales Tax
Trade-In
Allowance
Amount
Hawthorne Machinery Co.
San Diego
$26,096.00
$2,022.44
$5,096.00
$23,022.44
Clairemont Equipment Co.
San Diego
$29,995,00
$2,324,61
No Bid
$32,319.61
WHEREAS, the low bid of
specifications and is acceptable to
the contract to Hawthorne Machinery
performance bond.
Hawthorne Machinery meets
staff who recommends awarding
who can produce an acceptable
NOW, THEREFORE BE IT RESOLVED that the City Council of the
city of Chula vista does hereby accept said two bids and does
hereby award the contract to Hawthorne Machinery Co. in the amount
of $23,022.
Presented by
al
of Chula
contract
BE IT FURTHER RESOLVED that the Mayor of the
vista is hereby authorized and directed to execute
for and on behalf of the City of Chula vista.
Lyman Christopher, Director
of Finance
C:\rs\roUer compactor bld
l ~ ~'-
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item-1L
Meeting Date 4/21/92
Resolution I" <;83. Accepting bids and awarding contract to
San Diego Tractor for the purchase of Tractor/Loader
Director of Finance 1p
City Manage~ (4/5ths Vote: Yes___No~)
Bids were received and opened at 2:00 p.m. on March 26, 1992, in the Office of
the Purchas i ng Agent for the purchase of one general purpose Tractor/Loader.
The equipment will be used by the Streets Division of Public Works Operations.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That Council accept the bids and award the contract to San
Diego Tractor.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bid proposal forms were mailed to prospective vendors with the following bids
received:
Trade-In
Bidder Unit Price Sales Tax Allowance Amount
Case Power & Equipment $32,944.00 $2,553.16 $-2,600.00 $32,897.16
Santee
San Diego Tractor 34,768.00 2,694.52 -4,550.00 32,912.52
El Cajon
Jack's Tractor & Equipment 34,750.00 2,693.13 -4,443.13 33,000.00
El Cajon
The low bi d of Case Power & Equi pment doesn't meet speci fi cat ion.
Specifications require a power take-off with 60 HP output. The Case is rated
at 19 HP. The addit i ona 1 horsepower is needed when the Bomford Fl a il Mower
and other attachments in the Public Works equipment inventory are attached to
this tractor. The Bomford is an attachment with extending arms that drop down
and is used for mowing the sides of drainage ditches.
The bid of San Diego Tractor meets specifications and is acceptable.
FISCAL IMPACT: Sufficient funds are provided for in FY 91-92 equipment
replacement budget for the purchase of this equipment.
WPC 0307U
14. - I
RESOLUTION NO. \1.,.'5t..3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO SAN DIEGO TRACTOR FOR THE PURCHASE
OF TRACTOR/LOADER
WHEREAS, the following three bids were received and opened at
2:00 p.m. on March 26, 1992 in the Office of the Purchasing Agent
for the purchase of one general purpose Tractor/Loader:
Trade-In
Bidder Unit Price Sales Tax Allowance Amount
Case Power & Equipment $32,944.00 $2,553.16 $2,600.00 $23,022.44
Santee
San Diego Tractor $34,768,00 $2,694.52 $4,550.00 $32,912.52
E1 Cajon
Jack's Tractor & Equipment $34,750.00 $2,693.13 $4,443.13 $33,000.00
EI Cajon
WHEREAS, the low bid of Case Power & Equipment does not meet
specifications which required a power take-off with 60 HP out and
the Case is rated at 19 HP; and
WHEREAS, the bid of San Diego Tractor is acceptable to staff
who recommends awarding the contract to San Diego Tractor who can
produce an acceptable performance bond.
NOW, THEREFORE BE IT RESOLVED that the city Council of the
City of Chula vista does hereby accept said three bids and does
hereby award the contract to San Diego Tractor in the amount of
$32,912.52.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
vista is hereby authorized and directed to execute said contract
for and on behalf of the city of Chula vista.
Presented by
aJ
by
~
Lyman Christopher, Director
of Finance
Bruce M. Boogaard,
Attorney
C:\rt\tractorIOloder
'4 -1.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item \ 5
Meeting Date 4/21/92
Reso 1 ut ion \ I.,S ~ '\' Accept i ng bi ds and awardi ng contract
for the purchase of trucks
Director of Finance'i
City Manager y
c
(4/5ths Vote: Yes___No-X-)
Bids were received and opened at 10:00 a.m. on March 30, 1992, in the Office
of the Purchasing Agent for the purchase of the below listed vehicles:
Item
Jlli'
1
1
2
1
3
1
RECOMMENDATION:
Descriotion
Cab & chassis with compressor mounted
on fl atbed
Division
Streets
Cab & chassis with cut-away cab and
utility service van
Const. & Repair
Cab & chassis with service body and
compressor
Traffic Signal
Item 1 - That Council award bid to El Cajon Ford.
Item 2 & 3 - That Council award bids to Drew Ford.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Item 1 - Cab & chassis with comDressor mounted on flatbed
Trade-In
Bidder Unit Price Sales Tax Allowance Amount
El Cajon Ford $23,565.00 $1,826.29 $-700.00 $24,691. 29
El Cajon
Full er Ford 23,825.00 1,846.44 -301.00 25,370.44
Chula Vista
Drew Ford 25,869.57 2,004.89 -800.00 27,074.46
La Mesa
Downey Auto Center 27,237.00 2,110.87 -1,200.00 28,147.87
Downey
\ c; , I
Page 2, Item
Meeting Date 4/21/92
The low bi d of El Cajon Ford meets spec i fi cat ions and is acceptabl e. The
vehicle being replaced is a 1967 Ford with compressor mounted on a flatbed.
the trade-in allowance is comparable to what the vehicle would probably bring
in at auction. To save staff time, the vehicle will be traded in to the
successful bidder. The bid of Fuller Ford didn't include painting of vehicle
to specified color.
Item 2 - Cab & Chassis with cut-awav cab and utilitv service van
Bidder
Unit Price
Sales Tax
Amount
Drew Ford - La Mesa
Fuller Ford - Chula Vista
$18,670.30
22,847.00
$1,446.95
1,770.64
$20,117.25
24,617 .64
The low bid of Drew Ford meets specifications and is acceptable.
Item 3 - Cab & Chassis with service bodv and comDressor
Bidder
Unit Pri ce
Sales Tax
Amount
Drew Ford - La Mesa
Fuller Ford - Chula Vista
El Cajon Ford - El Cajon
Downey Auto Center - Downey
$20,601.57
20,748.00
22,238.00
25,486.00
$1,596.52
1,607.97
1,723.45
1,975.17
$22,198.19
22,355.97
23,961. 45
27,461.17
The low bid of Drew Ford meets specifications and is acceptable. The bid of
Fuller Ford did not meet bid specifications in that it did not include
painting of vehicle to specified color.
FISCAL IMPACT: Sufficient funds are provided for in FY 91-92 equipment
rep 1 acement budget for the purchase items number 1 and 2. Suffi ci ent funds
for item number 3 are provided in the FY 91-92 General Fund budget.
WPC 0309U
\ c:; ~ 2..
RESOLUTION NO. Il.,Cj8t.\
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF TRUCKS
WHEREAS, bids were received and opened at 10:00 a.m. on March
30, 1992 in the Office of the Purchasing Agent for the purchase of
one the below listed vehicles:
Item Qty Description
1 1 Cab & Chassis with compressor
mounted on flatbed
2 1 Cab & chassis with cut-away cab
and utility service van
3 1 Cab & chassis with service body
and compressor
Division
Streets
Const. &
Repair
Traf. Signal
Item 1 - Cab & Chassis with Compressor Mounted on Flatbed
Trade-In
Bidder Unit Price Sales Tax Allowance Am2!w!
EI Cajon Ford $23,565.00 $1,826,29 $ 700,00 $24,691.29
EI Cajon
Fuller Ford $23,825,00 $1,846,44 $ 301.00 $25,370.44
Chula Vista
Drew Ford $25,869.57 $2,004.89 $ 800.00 $27,074.46
La Mesa
Downey Auto Center $27,237.00 $2,110.87 $1,200.00 $28,147.87
Downey
WHEREAS, the low bid of El Cajon Ford meets specifications and
is acceptable to staff who recommends awarding the contract to El
Cajon Ford who can produce an acceptable performance bond; and
Item 2 - Cab & Chassis with cut-away cab and utility service van
Bidder Unit Price Sales Tax Amount
Drew Ford $18,670.30 $ 1,446.95 $20,117.25
La Mesa
Fuller Ford $22,847.00 $1,770.64 $24,617.64
Chula vista
1
\-5 ~3
WHEREAS, the low bid of Drew Ford meets specifications and is
acceptable.
Item 3 - Cab & Chassis with service body and compressor
Bidder unit Price Sales Tax Amount
Drew Ford $20,601.57 $1,596.52 $22,198.19
La Mesa
Fuller Ford $20,748.00 $1,607.97 $23,961. 45
Chula vista
El Cajon Ford $22,238.00 $1,723.45 $23,961. 45
El Cajon
Downey Auto $25,486.00 $1,975.17 $27,461.17
Center
Downey
WHEREAS, the low bid of Drew Ford meets specifications and is
acceptable.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
city of Chula vista does hereby accept said three bids and does
hereby award the contract for Item 1 to EL Cajon Ford in the amount
of $24,691.29 and for Items 2 and 3 to Drew Ford in the amount of
$20,117.25 and $22,198.19 respectively.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
vista is hereby authorized and directed to execute said contract
for and on behalf of the City of Chula vista.
Presented by
as to
A
bY4
ty
Lyman Christopher, Director
of Finance
C:\n\tn1cb
2
\ r;..~
COUNCIL AGENDA STATEMENT
Item Ii.,
ITEM TITLE:
Resolution l~S~S
- Parking prohibited
Rey.
Meeting Date 4-21-92
Affi rmi ng the Tri a 1 Traffi c Regul at ion
at all times on a portion of Paseo del
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager!i (4/5ths Vote: Yes__No~)
:J
On August 13, 1991, a Trial Traffic regulation establishing a parking
prohibition on a portion of Paseo del Rey was implemented pursuant to the
provisions of Section 10.12.030 of Chula Vista Municipal Code. "No Parking"
signs were posted on August 26, 1991.
RECOMMENDATION: That the City
parki ng on a port i on of Paseo del
permanent.
Council adopt a resolution prohibiting
Rey and make this Trial Traffic regulation
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting
of April 9, 1992 voted 7-0 to recommend that the City Council make this Trial
Traffic Regulation permanent.
DISCUSSION:
Pursuant to the prOV1Slons of section 10.12.030 of the Chula Vista Municipal
Code, adopted by ordinance No. 1625 on May 27, 1975, the City Engineer on
August 13, 1991 determined that in the interest of minimizing Traffic hazards
and congestion and for the promotion of Public Safety, a Trial Traffic
regulation be established:
The Parki ng Proh i bit i on on Paseo del Rey between East "H" Street and
East "J" Street on the westside. Al so, Paseo del Rey between East "H"
Street and 150' north of East "J" Street along the eastside.
Said regulations became effective upon the posting of the signs on August 26,
1991, and has run for a Trial period of eight (8) months from the date of such
post i ng. A revi ew of said i nsta 11 at i on needs to be made to determi ne if the
prohibition should be made permanent.
A review of the traffic conditions by staff show that this Trial Traffic
Regulat i on is operat i ng effectively. Therefore, staff recommends that the
Trial Traffic regulation be made permanent.
FISCAL IMPACT: Not applicable.
MA/WPC 5955E
Attachment: Area Plat
Trial Traffic Regulation
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August 13, 1991
File: II CY-027
TO:
Honorable Mayor and City COuncil
VI:A:
John Goss, City Manager
SUBJECT :
John P. Lippitt, Director of
Bstablishing a Trial Traffic
Public work~
Regulation'
~
FROM:
Pursuant to the provisions of Section 10.12.030 of the Chula Vista
Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the
City Engineer has determined that in the interest of minimizing
traffic hazards and congestion and for the promotion of public
safety, there is hereby established a restriction of parking on
paseo del Rey from East "H" street to East "J" street,
SCHEDULE I:I:I: - PARKI:NG PROHIBI:TED AT }t.T.T. TI:MES ON CERTAI:N STPRRTS
Name of Street
Be<linninq At
Bndinq At
a.isla
Paseo del Rey
paseo del Rey
Bast "H" Street
Bast "J" Street
West
Bast "H" Street
150' North of
Bast "J" Street
Bast
The elimination of parking will allow for the separation of traffic
as well as maintaining two lanes of traffic in each direction and
providing Bike Lanes, and to allow for ingress and egress from the
Community Free Church.
said regulation to become effective upon the posting of signs or
other appropriate notice, and shall run for a trial period of eight
(8) months from the date of such posting, at which time a review of
said regulation will be made to determine if it should be made
permanent.
,
o
~E-69 (Ae.. 11/75)
1(.- ~
/08
~J'" ~Il""'\ ""'F'" ~,., ,~ 7
MINUTES OF A RE ol.AR-MEETING'; ,;'\ "
OF THE CHULA VISTA SAFETY COMMISSION
f s ~ ~\,
,.-.....* .,
't\- t
Thursday, April 9, 1992
7:02 p.m.
Council Chambers
Public Services Building
CAll TO ORDER
1. Roll Call:
Present:
Chair Braden, Commissioners Thomas, Koester, Chidester, Matacia,
Padilla, and Pitts
Also Present:
Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic
Engineer; Sgt, Tom Schaefer, Police Department; Shirley Buxton,
Recording Secretary
2. Pledae of Alleaiance/Silent Praver
3.
Ooenino Statement
Read by Chair Braden.
4. Aooroval of Minutes
MSUC (Koester/Thomasl to approve the Safety Commission Minutes of March 12, 1992 as presented.
MEETING AGENDA
5, Affirmina Trial Traffic Reaulation - All-way stop at the Intersection of lakeshore Drive and
Eastlake Drive,
MSUC (Thomas/Pitts I to approve Affirming Trial Traffic Regulalion - All-way stop at the Intersection
of lakeshore Drive and Eastlake Drive.
6, Affirmina Trial Traffic Reaulation - Parking Prohibited at all times on a portion of Paseo Del Rey.
MSUC (Thomas/Pitts) to approve Affirming Trial Traffic Regulation - Parking Prohibited at all times on
a portion of Paseo Del Rey.
7. Verbal Reoort - Status of Apache Drive in Charter Point Subdivision.
Frank Rivera reported that he and Dennis Davies from Engineering Construction Inspection met with
the Charter Point Homeowners Association and discussed the traffic control plans that will be
implemented in the area due to the Phase III construction of Otay lakes Road and Telegraph Canyon
Road. The Homeowners Association had concerns about the amount of traffic that is currently going
through Apache Drive in the morning, Students on the way to Southwestern College shortcut through
Charter Point. Staff counted approximately 137 cars during a one hour period from 7:00-8:00 a.m.
and, of that, 104 were students going to Southwestern College. Traffic does not become a problem
again until 5:00-6:00 p.m. when the same situation occurs. The Homeowners Association wanted a
left turn prohibition from 7:00-9:00 a.m. from Telegraph Canyon Road to Apache Drive. Mr. Rivera
said that placing a sign is not a problem, however, enforcement of the no left turn would be the key
to its success. The Chula Vista Police Department cannot guarantee how often they can enforce the
left turn prohibition. Staff suggested waiting until the construction is completed, and the intersection
of Telegraph Canyon Road and Otay lakes Road is signalized. This signal should reduce the incentive
for students to shortcut through Apache Drive.
Mr. Rivera proposed to the residents the possibility of installing a median on Telegraph Canyon Road
that would prohibit left turn access to Apache Drive and another median on Otay lakes Road also
prohibiting left hand turns to Apache Drive. This would provide no advantage to people trying to
11. ..y
RESOLUTION NO. t~sts
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE TRIAL TRAFFIC
REGULATION - PARKING PROHIBITED AT ALL TIMES
ON A PORTION OF PAS EO DEL REY
WHEREAS, on August 13, 1991, a Trial Traffic regulation
establishing a parking prohibition on a portion of Paseo del Rey
was implemented pursuant to the provisions of Section 10.12.030 of
the Chula vista Municipal Code; and
WHEREAS, "No Parking" signs were posted on August 26,
1991; and
WHEREAS, the Safety Commission at its meeting of April 9,
1992 voted 7-9 to recommend that the city Council make this Trial
Traffic Regulation permanent.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Chula vista that pursuant to the provisions of Section
10.12.030 of the Chula vista Municipal Code, adopted by ordinance
No. 1625 on May 27, 1975, the city Engineer on August 13, 1991
determined that in the interest of minimizing Traffic hazards and
congestion and for the promotion of Pubic Safety, that the
following Trial Traffic Regulation be affirmed:
No Parking on Paseo del Rey between East "H" Street and
East "J" Street on the wests ide and no parking on Paseo
del Rey between East "H" Street and 150' north of East
"J" Street along the eastside.
Presented by
ed
aSJt bY~
Boogaard,
John P. Lippitt, Director of
Public Works
C:\rs\paseo del rey no paD:
Ib-5
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ) 1
Meeting Date 4-21-92
Resolution II..S8'!, Affirming the Trial Traffic Regulation
- Stop signs on lake Shore Drive at Eastlake Drive.
Director of P~bl ic work# V
City Manage~- (4/5ths Vote: Yes__No-x-)
,j
SUBMITTED BY:
REVI [WED BY:
On July 23, 1991, a Trial Traffic Regulation establishing an all-way stop on
Lake Shore Drive and EastLake Drive was implemented.
RECOMMENDATION: That the City Council adopt the resolution to make the
Trial Traffic regulation permanent.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Convnission, at their meeting
of April 9, 1992 voted 7-0 to recommend that the City Council make this Trial
Traffic Regulation permanent.
DISCUSSION:
Pursuant to the prOV1Slons of section 10.12.030 of Chula Vista Municipal Code,
adopted by ordinance No. 1625 on May 27, 1975, the City Engineer on July 23,
1991, determined that in the interest of minimizing traffic hazards and
congestion and for the promotion of public safety, a Trial Traffic Regulation
be established:
Said regulation became effective upon the posting of signs on August 26, 1991,
and has run for a trial period of eight (8) months from the date of such
posting. A review of said installation has been made which has determined
that the prohibition should be made permanent. Section 10.12.030 of the Chula
Vista Municipal Code only allows a trial Traffic regulation to exist for eight
months, at which time either a resolution affirming the Trial Traffic
regulation must be adopted or the Trial Traffic regulation ceases to be
effective.
A review of the Traffic conditions by staff show that this Trial Traffic
regulat ion is ope rat i ng effect i ve ly. Therefore, staff recommends that the
Trial Traffic regulation be made permanent.
FISCAL IMPACT: Not applicable.
MA/WPC 5954E
Attachment: Area Plat
Trial Traffic Regulation
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TO:
VIA:
FROM:
SUBJECT:
Honorable Mayor and City Council
John Goss, City Manage~' ...~
John P. Lippitt, Director of Public Works~ (pr
Establishing a Trial Traffic Regulation
IKEQ81AIIQK lIEI ,0
July 23, 1991 GU~/: U
File: CY-027 ' "
Council Referral #2314 l
,-/
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal
Code, adopted ,by Ordinance No. 1625 on May 27, 1975, the City Engineer has
determined that in the interest of minimizing traffic hazards and congestion
and for the promotion of public safety, there is hereby established an all-way
stop at the intersection of EastLake Drive (Pkwy) and Lakeshore Drive.
SCHEDULE II - SPECIAL STOPS REOUIRED
Intersection
Traffic StoDDed On
EastLake Drive
and Lakeshore Drive
~
EastLake Drive
Lakeshore Drive
2*
.Stop otln on Eootllkl Drlv. is .lr.ldy .xistlng.
The above intersection is located in the vicinity of a horizontal curve and an
elementary school loading/unloading zone. The adjacent land use is a mixture
of single family and multi-family residential with a park and lake. These
conditions meet the unusual conditions warrant criteria of the all-way stop
policy due to the above mentioned land uses coupled with pedestrian activity.
Said regulation to become effective upon the posting of signs. The regulation
sha 11 run for atrial peri od of 8 months from the date of such post i ng, at
which time a review of said regulation will be made to determine if it should
be made permanent.
At the Safety COlllllission meeting of May 9, 1991, the Safety Commission voted
6-0 to concur with staff and establish this trial traffic regulation.
WPC 5618E
Attachments: Area Plat
Minutes Safety COlllllission Meeting of 5/9/91 (Excerpt)
\"1.- ~ 107
l ~""" :': .:;"'{"'\" ::~v ~.;-:~;::, ",
MINUTES OF A REGIJLAR'MEETlNG'
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, April 9, 1992
7:02 p.m.
Council Chambers
Public Services Building
CAll TO ORDER
1. Roll Call:
Present:
Chair Braden, Commissioners Thomas, Koester, Chidester, Matacia,
Padilla, and Pitts
Also Present:
Harold Rosenberg. Traffic Engineer; Frank Rivera, Associate Traffic
Engineer; Sgt. Tom Schaefer, Police Department; Shirley Buxton,
Recording Secretary
2. Pledae of Alleaiance/Silent Praver
3.
ODenina Statement
Read bv Chair Braden.
4. ADDroval of Minutes
MSUC (Koester/Thomas) to approve the Safety Commission Minutes of March 12, 1992 as presented.
MEETING AGENDA
5. Affirmina Trial Traffic Reaulation - All-way stop at the Intersection of lakeshore Drive and
Eastlake Drive.
MSUC (Thomas/Pitts) to approve Affirming Trial Traffic Regulation - All-way stop at the Intersection
of lakeshore Drive and Eastlake Drive.
6. Affirmina Trial Traffic Reaulation - Parking Prohibited at all times on a portion of Paseo Del Rey.
MSUC (Thomas/Pitts) to approve Affirming Trial Traffic Regulation - Parking Prohibited at all times on
a portion of Paseo Del Rey.
7. Verbal ReDort - Status of Apache Drive in Charter Point Subdivision.
Frank Rivera reported that he and Dennis Davies from Engineering Construction Inspection met with
the Charter Point Homeowners Association and discussed the traffic control plans that will be
implemented in the area due to the Phase III construction of Otay lakes Road and Telegraph Canyon
Road. The Homeowners Association had concerns about the amount of traffic that is currently going
through Apache Drive in the morning. Students on the way to Southwestern College shortcut through
Charter Point. Staff counted approximately 137 cars during a one hour period from 7:00-8:00 a.m.
and, of that, 104 were students going to Southwestern College. Traffic does not become a problem
again until 5:00-6:00 p.m. when the same situation occurs. The Homeowners Association wanted a
left turn prohibition from 7:00-9:00 a.m. from Telegraph Canyon Road to Apache Drive. Mr. Rivera
said that placing a sign is not a problem, however, enforcement of the no left turn would be the key
to its success. The Chula Vista Police Department cannot guarantee how often they can enforce the
left turn prohibition. Staff suggested waiting until the construction is completed, and the intersection
of Telegraph Canyon Road and Otay lakes Road is signalized. This signal should reduce the incentive
for students to shortcut through Apache Drive.
Mr. Rivera proposed to the residents the possibilitv of installing a median on Telegraph Canyon Road
that would prohibit left turn access to Apache Drive and another median on Otay lakes Road also
prohibiting left hand turns to Apache Drive. This would provide no advantage to people trying to
"n~4
RESOLUTION NO. l~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE TRIAL TRAFFIC
REGULATION - STOP SIGNS ON LAKE SHORE DRIVE AT
EASTLAKE DRIVE
WHEREAS, on July 23, 1991, a Trial Traffic regulation
establishing an all-way stop on Lake Shore Drive and EastLake Drive
was implemented; and
WHEREAS, said regulation became effective upon the
posting of signs on August 26, 1991 and has run for a trial period
of eight months from the date of such posting; and
WHEREAS, the Safety Commission at its meeting of April 9,
1992 voted 7-9 to recommend that the city Council make this Trial
Traffic Regulation permanent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Chula vista that pursuant to the provisions of section
10.12.030 of the Chula vista Municipal Code, adopted by ordinance
No. 1625 on May 27, 1975, the City Engineer on July 23, 1991
determined that in the interest of minimizing Traffic hazards and
congestion and for the promotion of Pubic Safety, that the
following Trial Traffic Regulation be affirmed:
Two stop signs on Lake Shore
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\stop sign Lakeshore
\"1 ~S
COUNCIL AGENDA STATEMENT
Item ( %
Meeting Date 4-21-92
ITEM TITLE:
Resolution \bSfrl of intention to vacate two public
service sewer easements at 1144 Broadway and setting the date
of the Public Hearing.
.,;
SUBHITIED BY:
Director of Public Works
City Manage;;
{./
The Price Company has submitted a request to the Publ ic Works Department for
the vacation of a sewer easement at 1144 Broadway (Parcel 1 of Map No. 12083)
stating that the sewer line within this easement has been relocated because of
an addition to the store building. In addition, they have agreed to vacate
another easement so that all sewers within the parcels will be privately owned
and maintained.
(4/5ths Vote: Yes__No~)
REVIEWED BY:
In accordance with section 8320 of the streets and Highways Code, council must
adopt a Resolution of Intention, setting a date, time and place for the
associated public hearing.
RECOMMENDATION: That the City Council adopt a resolution of Intention to
vacate the subject sewer easements and set May 5, 1992 as the date for the
public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
A building addition to the Price Club retail warehouse at 1144 Broadway was
done in 1987. As a result, a relocation of the sewer was needed. A new sewer
line was installed and the old line is no longer required. The Price Company
recently requested that the City vacate the old sewer easement.
That sewer line within Easement "A" has been relocated as shown in Exhibit B
and therefore the City sewer easement is no longer needed. This new line
provides a connection to the City sewer system for the most southerly building
on parcel 2.
In addition, the sewer line in Easement "B" is serving the building on Parcel
1 and the most southerly building on Parcel 2. A City sewer easement is not
needed for this sewer line because it serves private businesses and the
property owners have an agreement and easement to provide for thi s faci 1 i ty.
To be consistent, the City asked the Price Company if they would oppose
vacation of this easement. The Price Company had no problem with vacating the
public sewer easement and accepting the sewers as private sewers.
I~-I
Page 2, Item-'~
Meeting Date 4-14-92
The Resolution of Intention must include all of the following:
1. A declaration of the intention of the legislative body to vacate.
2. A statement that the vacat ion proceedi ng is conducted under the
streets and Highways Code.
3. A description of the general location and extent of the publ ic
service easement to be vacated and a reference to a map which shows
the port i on of area to be vacated, on fil e in the offi ce of the
1 oca 1 agency.
4. The date, hour, and place for hearing all persons interested in the
proposed vacation. The date shall not be less than 15 days from
the adoption resolution.
FISCAL IMPACT: None
RH:kpj
PV - 050
WPC 5951E
\t-l. I rl-3
THE PRICE COMPANY
PRICE CLUB@ . P,O. BOX 85466 . SAN DIEGO, CALIFORNIA 92186-5466 · (619) 581-4600
February 18, 1992
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Mr. Rick Hernandez
Chula vista Engineering Division
Department of Public Works
276 Fourth Ave.
Chula Vista, CA 91910
RE: PRICE CLUB SEWER EASEMENT VACATION
In response to a letter dated Feb. 10, 1992, concerning the private
vs. public status of sewer easements on the Chula vista Price Club
site, we are providing the following input. The Price company has
no problem with vacating the public sewer easements on the
property. The sewer lines would then become private lines and are
covered by an existing reciprocal easement agreement between the
Price Club and the shopping center parcel providing a general grant
of easements across all parcels to utility lines.
We would appreciate having the matter resolved so that the title to
the property can be cleaned up.
Thank you for your attention to this matter.
Sincerely,
THE PRICE COMPANY
~~~
Kathy Nishihira
Director of Planning, West Coast
cc: Graham Baxter; J.B. Young Assoc.
Tom Galvin, The Price Company
\~ - .:l..
EXHIBIT A
Sewer Easements within Parcel 1 of Parcel Map 12083, in the City of Chula
Vista, County of San Diego, State of Cal ifornia, according to map thereof
filed in the office of the County Recorder of San Diego County, more
particularly described as follows:
SEWER EASEMENT "A"
BEGINNING AT THE CENTERLINE INTERSECTION OF BROADWAY AND
OXFORD STREET: THENCE S71'38'51"W 803.40 FEET; THENCE
NI8'21'09"W 36.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S71'38'51"W 10.00 FEET; THENCE NI8'21'09"W 87.73
FEET; THENCE N84'39'53"W 80.90 FEET; THENCE NI8'21'09"W
244.77 FEET; THENCE N71'38'51"E 10.00 FEET; THENCE
SI8'21'09"E 238.23 FEET; THENCE S84'39'53"E 80.9 FEET;
THENCE SI8'21'09"E 94.27 FEET TO THE TRUE POINT OF
BEGINNING.
SEWER EASEMENT "B"
BEGINNING A THE CENTERLINE INTERSECTION OF BROADWAY AND
OXFORD STREET; THENCE S71'38' 51"W 428.70 FEET; THENCE
N18'21 '09"W 36.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S71'38'51"W 10.00 FEET; THENCE NI8'21'09"W 365.00
FEET; THENCE N71'38'51"E 10.00 FEET; THENCE SI8'21'09"E
365.00 FEET TO THE TRUE POINT OF BEGINNING.
WPC 5951E
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RESOLUTION NO. 11,.'5.7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO VACATE TWO PUBLIC
SERVICE SEWER EASEMENTS AT 1144 BROADWAY AND
SETTING THE DATE OF THE PUBLIC HEARING
THEREFOR
The city Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Price Company, has submitted a request to
the Public Works Department for the vacation of a sewer easement at
1144 Broadway (Parcel 1 of Map No. 12083) stating that the sewer
line within this easement has been relocated because of an addition
to the store building; and
WHEREAS, in addition, Price Company has agreed to vacate
another easement so that all sewers within the parcels will be
privately owned and maintained; and
WHEREAS, in accordance with section 8320 of the Streets
and Highways Code, Council must adopt a resolution of intention,
setting a date, time and place for the associated public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby set 4:00 p.m. on the 5th day of
May, 1992 in the Council Chambers, 276 Fourth Avenue, Chula Vista,
California as the time and place for hearing all persons interested
in or objecting to the proposed vacation of two public service
sewer easements at 1144 Broadway, more particularly shown on
Exhibit "A", attached hereto and incorporated herein by reference
as if set forth in full.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista is hereby directed to cause a copy of this resolution
to be published once in the Chula vista Star News, a newspaper of
general circulation published within the City of Chula Vista, and
to cause notices of the passage of this resolution to be posted in
the manner and form required by law.
~
Presented by
John P. Lippitt, Director of
Public Works
C1ty
C:\rs\ll44 Broadway
\<i~ t
COUNCIL AGENDA STATEMENT
Item ~ q
ITEM TITLE:
Meeting Date 4-21-92
Resolution ll.S&'~ Ordering the City Engineer to prepare
and fil e report for City Open Space Maintenance Di stri ct No.
11 for FY 1992-93 ^ ,.~
Director of Public Work~(VY-
City Manager).! (4/5ths Vote: Yes_Noll
I
"
SUBMITTED BY:
REVIEWED BY:
In order to begin the process of levying the annual assessment for parcels
withi n Open Space Di stri ct No. 11 the City Engi neer must prepare and fil e an
annual report. This resolution begins the process of renewal for coming FY
1992-93.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
According to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of
1972", the City Engineer is required to prepare and file annual reports for
all existing Open Space Maintenance Districts within the City. The filing of
this report will authorize the City to levy the annual assessment in order to
maintain the district.
The City Engineer will prepare and file the report for the following district:
Open Space District 11
The City
approval.
cost item
Engi neer wi 11 prepare the report for Counc il ' s cons iderat i on and
All of the staff costs will be included in the City administrative
for the district.
A public hearing will be held at a later date to confirm the assessments.
FISCAL IMPACT: None, the cost of preparing the report and re-spreading the
assessments will be absorbed by the property owners in their assessment.
DDS/File: OS-OOI
WPC 5956E
\4-)
RESOLUTION NO.J\oC; 8-'(
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE CITY ENGINEER TO
PREPARE AND FILE REPORT FOR CITY OPEN SPACE
MAINTENANCE DISTRICT 11 FOR FY 1992-93
WHEREAS, according to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972", the City Engineer is
required to prepare and file annual reports for all existing Open
Space Maintenance District within the city; and
WHEREAS, the filing of this report will authorize the
city to levy the annual assessment in order to maintain the
districts; and
WHEREAS, the City Engineer will prepare and file a report
for Open Space District No. 11; and
WHEREAS, the City Engineer will prepare the report for
Council's consideration and approval and all of the staff costs
will be included in the City administrative cost item for the
district; and
WHEREAS, a public hearing will be held at a later date to
confirm the assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby order the city Engineer to
prepare and file a report for City Open Space Maintenance District
11 for FY 1992-93.
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\OSll
\t\-,2.
COUNCIL AGENDA STATEMENT
Item ~O
ITEM TITLE:
Meeting Date 4-21-92
Resolution /IPS81 Ordering the City Engineer to prepare
and file reports for all City Open Space Maintenance Districts
for FY 1992-93 except District 11
Director of Publ ic worki'F
City Manageryj (4/5ths Vote: Yes__No-!-)
v
SUBMITTED BY:
REVIEWED BY:
In order to begin the process of levying the annual assessment for parcel s
within all open space districts, the City Engineer must prepare and file an
annual report for each district. This resolution begins the process of
renewal for coming FY 1992-93.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
According to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, al so known as "Landscaping and Lighting Act of
1972", the City Engineer is required to prepare and file annual reports for
all existing Open Space Maintenance Districts within the City. The filing of
these reports will authorize the City to levy the annual assessment in order
to maintain the districts.
The City Engineer will prepare and file reports for the following districts:
Open Space Districts No. 1 through 10, 14, 15 17, and 18.
Rancho del Rey Open Space District No. 20.
EastLake Maintenance District No. 1 including Salt Creek I
Town Centre Maintenance District
Bay Boulevard Maintenance District
The City
approval.
cost item
Engi neer will prepare the reports for Council's cons iderat i on and
All of the staff costs will be included in the City administrative
for the districts.
A public hearing will be held at a later date to confirm the assessments.
Also, several new districts are proposed to be formed this year which include
Canyon Views, Otay Rio Business Park, and Park Bonita. Staff will return to
Council at subsequent meetings to form these districts and present the
Engineer's report.
FISCAL IMPACT: None, the cost of preparing the report and re-spreading the
assessments will be absorbed by the property owners in their assessment.
DDS/File: JO-009, JO-014, HY-028, OS-OOI
WPC 5957E
20-1
RESOLUTION NO. \\oCSg.1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE CITY ENGINEER TO
PREPARE AND FILE REPORTS FOR ALL CITY OPEN
SPACE MAINTENANCE DISTRICTS FOR FY 1992-93
EXCEPT DISTRICT 11
WHEREAS, according to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972", the City Engineer is
required to prepare and file annual reports for all existing Open
Space Maintenance District within the City; and
WHEREAS, the filing of these reports will authorize the
City to levy the annual assessment in order to maintain the
districts; and
WHEREAS, the city Engineer will prepare and file reports
for the following districts:
Open Space Districts No. 1 through 10, 14, 15, 17 and 18
Rancho Del Rey Open Space District No. 20
EastLake Maintenance District No.1 including Salt
Creek 1
Town Centre Maintenance District
Bay Boulevard Maintenance District
WHEREAS, the City Engineer will prepare the reports for
Council's consideration and approval and all of the staff costs
will be included in the City administrative cost item for the
districts; and
WHEREAS, a public hearing will be held at a later date to
confirm the assessments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby order the City Engineer to
prepare and file reports for all City Open Space Maintenance
Districts for FY 1992-93 except District 11.
Presented by
d as to
J
John P. Lippitt, Director of
Public Works
C:\rs\OS Eng Report
)..l>-'l-
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4/21/92
ITEM TITLE: Resolution IbtJqD Authorizing the City Manager to begin
the proceedings for the formation of the Proctor Valley Sewer
Reimbursement District.
SUBMITTED BY: Director of Public Work~'t~
REVIEWED BY: City ManagercJ' (4/5ths Vote: Yes__No-X-)
The developers of Salt Creek I (The Baldwin Company) have requested that the
City establish a reimbursement district to repay them for off-site and
oversi zed sewer mai ns they constructed with development of thei r subdi vi s i on
that benefit others. Section 15.50.050 authorizes Council to direct the City
Manager to form a reimbursement district.
RECOMMENDATION: That the City Council direct the City Manager to begin the
proceedings for the formation of the Proctor Valley Sewer Reimbursement
District.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Baldwin Company, developers of Salt Creek I, have requested that a
reimbursement di stri ct be formed to provide a means of repayment to them for
sewer facilities constructed in Proctor Valley. Section 15.50.050 of the
Municipal Code requires Council to direct the CIty Manager to begin
proceedings. The applicant has deposited with the finance department a sum in
the amount of $5,000 to cover the City's administrative costs in conducting
the initial proceedings for the formation of district.
Pursuant to chapter 15.50 of the Municipal Code and as part of the formation
proceedings, the Director of Public Works will prepare and file:
A. A map describing the benefited area which identifies all parcels within
the area;
8. The total cost of the facilities including incidental expenses;
C. An estimate of the excess costs;
D. An estimate of the assessment and spread thereof necessary to equitably
pay the excess costs.
Once all items indicated above have been prepared, Council will then conduct a
public hearing to determines whether or not the district should be established.
Attached is a location map for the Proctor Valley Road Sewer Trunk line.
FISCAL IMPACT: Applicant is required to pay the actual administrative
costs. In addition, 1% of all money collected under the reimbursement
district will be retained by the City and transferred to the General Fund.
This will amount to approximately $2,700 over a possible 20 year period.
These funds will only be collected when properties connect to the sewer.
RH/File No. SR005
WPC 5952E
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RESOLUTION NO. Il..C;~O
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
BEGIN THE PROCEEDINGS FOR THE FORMATION OF THE
PROCTOR VALLEY SEWER REIMBURSEMENT DISTRICT
WHEREAS, the developers of Salt Creek I (The Baldwin
Company) have requested that the city establish a reimbursement
district to repay them for off-site and oversized sewer mains they
constructed with development of their subdivision that benefit
others; and
WHEREAS, section 15.50.050 of the Chula vista Municipal
Code authorizes Council to direct the City Manager to form a
reimbursement district.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize the city Manager to
begin the proceedings for the formation of the Proctor Valley Sewer
Reimbursement District.
Bruce M.
Attorney
a1
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Presented by
John P. Lippitt, Director of
Public Works
ity
C:\rs\PV Sewer Formation
2.J -3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 2..l.
Meeting Date 4/21/92
Resolution II.. C;~l Approving American Golf Corporation's Request to
Sublease the Golf Course Restaurant and Bar to Prestige Hospitality Services
Director of Parks and Recreatio~tlf;:- r.:TV
SUBMTITED BY:
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_No X )
American Golf Corporation (AGC) has requested permission to sublease the Golf Course Restaurant
and Bar operation to Mr. Chris Campion, President, Prestige Hospitality Services Company (PHS);
in accordance with paragraph #17, Assignment/Subleases, of the Agreement between AGC and the
City of Chula Vista for the operation of the Golf Course Restaurant and Bar facility (See Page 10
of Attachment A).
RECOMMENDATION: That the City Council approve the request of AGC to sublease the
restaurant and bar operation to Prestige Hospitality Services.
BOARDS/COMMISSIONS RECOMMENDATION: At its April 16, 1992 meeting the Parks
and Recreation Commission voted 4-1 to approve the proposed sublease. Commissioner Roland
voted in opposition and Commissioners Carpenter and Willett were not in attendance. Draft minutes
of this meeting are atached hereto.
BACKGROUND: American Golf Corporation entered into an agreement with the City to operate
and maintain the Chula Vista Municipal Golf Course on November 1, 1984. On April 27, 1985,
American Golf signed an interim agreement to operate the restaurant and bar facility when the
previous operator defaulted on their lease agreement. The interim agreement was for ninety (90)
days and at the conclusion of this period, the lease ran on a month-by-month basis. A long term
agreement was negotiated and approved by the Council on July 10, 1986. The long term agreement
provided for an initial ten (10) year term, followed by two additional ten (10) year options. In
conjunclion wilh the long term agreement, the Golf Course Lease Agreement was amended to
coincide with the restaurant and bar facility's thirty (30) year agreement.
DISCUSSION: The operation of the restaurant and bar facility by American Golf never developed
10 the level of a successful business venture. Despite several management changes and marketing
promotions, the amount of walk-in patrons to support a full operation restaurant never materialized.
The overhead costs required to operate the walk-in restaurant was a financial burden on American
GolL These losses were underwritten by the bar receipts and the catering and banquet services. In
July, 1991, a full operation of restaurant services were curtailed.
Prestige Hospitality Services contacted American Golf and expressed interest in assuming the
operation of the restaurant and bar facility, plus operate a catering service with specialty promotions
to attract clientele. Prestige has operated the Officer's Club at the Coronado Air Station for the last
five years. A detail pro forma plan was submitted to American Golf, outlining the proposed
operation.
[Cl111crgolfJ
1
2.2. .. J
Item
Meeting Date 4121192
Prestige's program includes an aggressive marketing plan to attract new patrons for banquet,
conferences and special "a la carte" events, open to the general public. Special events planned
include Friday Night Big Band Dinners, dances, and Sunday Champagne Jazz brunches. In addition,
Prestige would continue the operation of the existing services for the golfer and the general public
in the Golfer's Lounge, Fairway Room and Snack Bar. American Golfs Senior Vice President of
Operations reviewed the operating plan and recommended to the American Golf Corporate Board
of Directors an acceptance of Prestige Hospitality Services' proposal. American Golf approved the
proposal and negotiated a sublease agreement with Prestige Hospitality, Inc. (Attachment "A").
Prestige is now willing to assume the lease with the understanding and acknowledgement of the City's
right 10 an early termination of the original lease with American Golf, should the Joelen proposal for
development of a hotel materialize. Therefore, it is recommended that American Golfs request to
sublease with Prestige Hospitality Services be approved.
Prestige Hospitality originally was requesting a three year guarantee in order to recover their initial
start-up costs and investment, which the City could not provide. The Community Development
Department is currently in a 120 day Exclusive Negotiation Agreement with Joelen Enterprises to
formulate a Development Agreement for the adjacent three acres of vacant land, and the six acres
that comprise the existing restaurant, bar and parking lot. When a final development agreement for
the vacant parcel and restauranl site is approved by the Council, a time table for the construction of
a new facility will be dependent on the economy and availability of construction financing; thus, a
long-term lease agreement cannot be guaranteed for the property.
FISCAL IMPACT: None. American Golf will continue to be obligated to pay the minimum rental
rate or a percentage of gross sales whichever is greater as per current contract.
[amergolf]
2
2.2- :2.
RESOLUTION NO.J ft, <3~ I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONDITIONALLY APPROVING AMERICAN
GOLF CORPORATION'S REQUEST TO SUBLEASE THE
GOLF COURSE RESTAURANT AND BAR TO PRESTIGE
HOSPITALITY SERVICES
WHEREAS, American Golf Corporation has requested to sub-
lease the Golf Course Restaurant and Bar operation to Mr. Chris
Campion, President, Prestige Hospitality Services Company in accor-
dance with Paragraph #17, Assignment/Subleases, of the Agreement
between American Golf Corporation and the City of Chula vista for
the operation of the Golf Course Restaurant and Bar facility.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve American Golf corpora-
tion's Request to Sublease the Golf Course Restaurant and Bar to
Prestige Hospitality Services on the following conditions:
1. The Sublease is amended to the satisfaction of the
city to provide that the term of the sublease shall automatically
expire without out cost or compensation to Subleassee or their
successors in interest, upon execution of an agreement by the city
and or its Redevelopment Agency which provides for the development
or redevelopment of the Premises which are the subject matter of
the Sublease, and 30 days prior to the commencement of construction
pursuant to such agreement; and,
2. The Sublease is amended to the satisfaction of the
City to provide that the Subleasee is aware of the pre-existing
ownership interest of the City in the Premises and that the City is
negotiating with certain developers, including but not limited to
their sublessor for the redevelopment of the Premises which is the
subject matter of the Sublease as a hotel/convention/golf complex
("proj ect "); and that the Sublease is amended to provide that
Subleasee, or their successors in interest, waives any claim
aganist the City or its Redevelopment Agency for any relocation
benefits under the California Relocation Law or under any other
state or federal requirement, or for the goodwill value of their
business in eminent domain, or in any other proceedings, or for any
right which they may have to participate in the Project.
3. The Sublease is amended to the satisfaction of the
City to provide that the Subleasee waives any object' n to the City
or its Redevelopment Agency from procee ' g with, i c uding im
mentation of, the Project.
Presented by
'ty
Jess Valenzuela, Director of
Parks and Recreation
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'/..2- '6 /~ ""
DRAFT
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
April 16, 1992
Public Services Building
Conference Room 1
*******************
MEMBERS PRESENT:
Commissioners Hall, Helton, Lind, Roland
MEMBERS LATE:
Sandoval-Fernandez (6:14)
MEMBERS EXCUSED:
Commissioners Carpenter, Willett
1. APPROV AI. OF MINUTES
The minutes of the meeting of March 19, 1992 as distributed.
MSC LIND/ROLAND 4-0 (SANDOVAL-FERNANDEZ OUT)
2. PUBUC HEARINGS OR REMARKS
NONE
3. DIREcroR'S REPORT
Deputy Director Foncerrada reviewed the Parks and Recreation Commission Report and
answered the Commissioners questions regarding this report.
4. REPORTS FOR INFORMATION ONLY
a. Non-orofit (Friends of lhe Park)
Deputy Director Foncerrada reviewed the report that the Department had compiled
regarding the status of the Parks and Recreation non-profit. He stated that the Chair and
Vice Chair of the Commission have agreed to serve as interim officers during the
reorganization, and their names have been filed with the state as such. Chair Hall asked if
the rotation of Parks and Recreation Commission officers in June would have any effect on
the filing with the State of California. Secretary Stohr said that any change in officers could
be reported when the next annual report was filed with the State.
b. Joint Meetin~ with Mont~omerv Plannin~ Committee
Landscape Architect Marty Schmidt presented the Commission with a report on existing parks
within the Montgomery area and proposed projects within the area.
He explored various concepts such as joint use with schools to mitigate the fact that very little
land is available in this area for parkland.
~2..~
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 2
Commissioner Roland commented that he is opposed to any use of S D G & E righht-of-way
land for parks of any type.
Chair Hall expressed his concern that there had been a major pool/gym facility planned for
the area which is currently not planned. He feels that we should focus on recreational
facilities that can be developed with a minimum of land use.
Commissioner Sandoval-Fernandez suggested that this item be agendized as an action item
for next month's agenda thus giving the Commissioners more time to review the written
material that was distributed with the report.
c. Otav Valley Regional Park Update
Item tabled until next month because the scheduled presenter, Gordon Howard, was not in
attendance.
5. ACTION ITEMS
Unfinished Business
NONE
New Business
a. American Golf Fee Increase
Deputy Director gave an overview of the written report on the golf course fee increase which
had been included in the Commission's information packets.
Chair Hall asked Bert Geisendorff of American Golf if he had encountered any opposition
to the proposed fee increase. Mr. Geisendorff stated that he was not aware of any.
Commissioner Roland stated that he was opposed to the restrictions placed on "9 hole"
golfers in 1990. In addition he does not feel that $8 is a fair price for an identification card.
However, he has no problem with the proposed nonresident fee structure.
Motion to approve the American Golf Fee increase as proposed.
MSC SANDOV AL-FERNANDEZILIND 5-0
b. Information and Referral Building
Deputy Director Foncerrada reviewed the report that had been presented to the Commission
in the information packets and staled that staffs recommendation was to allow the library
and the town center manager (0 occupy the building.
:2 2..(..
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 3
Commissioner Helton asked whether there was no longer a need for space to house
Recreation Division personnel.
Deputy Director Foncerrada replied lhat a need for space still exists.
Commissioner Helton expressed her strong opposition to allowing the library to use a portion
of the building when it is needed by the Parks and Recreation Department to house
Recreation staff.
Commissioner Sandoval-Fernandez stated that it appears that Parks and Recreation staff were
being forced out of the building.
Motion that due to the current needs of parks and recreation staff, the front portion be given
to parks and recreation staff and back portion of building house the Town Manager.
MSC HELTONIROLAND 5-0
c. Golf Course Restaurant and Bar Sublease
Deputy Director Foncerrada gave a history of the lease situation for the restaurant/bar
located at the Golf Course and outlined the currently proposed sublease. He stated that
staffs recommendation is to approve the sublease as presented.
Commissioner Roland stated that he doesn't understand the logic of why American Golf
wants to maintain control of the lease that they have and sublease rather than just letting the
lease go to someone else. He asked the representative from American Golf if they would be
making a profit from the sublease.
Mr. Bert Geisendorff of American Golf replied that no profit would be made. The reason
for using a sublease is that the restaurant lease is lied to the golf course lease in that the golf
course lease term was extended as a condition of the restaurant/bar lease.
Commissioner Roland stated that he did not like any connection between the golf course
lease and the restaurant lease.
Commissioner Hall asked if Prestige would be working with Joelen Enterprises to build the
hotel.
Deputy Director Foncerrada stated that he had no knowledge of any connection between the
two entities.
Commissioner Roland asked Mr. Geisendorff if American Golf anticipated a joint venture
with Joelen Enterprises.
Mr. Geisendorff stated that they did not.
"22..-~
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 4
Motion to approve the sublease as presented.
MSC HELTON/SANDOVAL-FERNANDEZ 4-1 (Roland opposed - He is skeptical of big
business and feels that this may be a move toward American Golfs taking over ownership of
the Golf Course.)
6. COMMUNICATIONS
a. Written CorresDondence
NONE
b. Commissioners Comments
HELTON - Wishes to know the cost of the copper wall in the Norman Park Center. She
feels that in the future the designs that architects present to the City should be more closely
scrutinized for functionality. Commissioner Sandoval-Fernandez suggested that this be
agendized in May.
In addition, Commissioner Helton would like to have an item placed on next month's agenda
regarding the job specifications for the Human Services Coordinator position.
ROLAND - Feels that any restaurant on the golf course site will have to have a specialty in
order to be successfuL
HALL - Expressed his concern about a hotel being built adjacent to the golf course.
In addition, he asked for the Commissioners' input for a round table discussion with the
Mayor being held on April 30.
LIND - Would like Chair Hall to recommend to the Mayor on April 30 that the Parks and
Recreation Commission sit down with the Council on a regular basis to have informal
discussions about direction and goals.
He feels that the Youth Sports Council is beginning to feel like a second class entity ie., that
they are being ignore by Parks and Recreation.
Adjournment to the next regularly scheduled meeting of May 21, 1992.
Respectfully submitted,
eI~
Carole C. Stohr
~2.-~
Revised Resolution for Item No. 22
RESOLUTION NO. 16591
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA CONDITIONALLY APPROVING
AMERICAN GOLF CORPORATION'S REQUEST TO
SUBLEASE THE GOLF COURSE RESTAURANT AND BAR
TO PRESTIGE HOSPITALITY SERVICES
WHEREAS, American Golf Corporation has requested to sublease the Golf
Course Restaurant and Bar operation to Mr. Chris Campion, President, Prestige
Hospitality Services Company in accordance with Paragraph #17, Assignment/
Subleases, of the Agreement between American Golf corporation and the City of
Chula Vista for the operation of the Golf Course Restaurant and Bar facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve American Golf Corporation'S Request to Sublease
the Golf Course Restaurant and Bar to Prestige Hospitality Services on the
following conditions:
1. The Sublease is amended to the satisfaction of the City to
provide that the term of the sublease shall automatically expire without cost or
compensation to Subleassee or their successors in interest, upon execution of an
agreement by the City and or its Redevelopment Agency which provides for the
development or redevelopment of the Premises which are the subject matter of the
Sublease, and 30 days prior to the commencement of construction pursuant to such
agreement; and,
2. The Sublease is amended to the satisfaction of the City to
provide that the Subleasee is aware of the pre-existing ownership interest of the
City in the Premises and that the City is negotiating with certain developers,
including but not limited to their sublessor for the redevelopment of the
Premises which is the subject matter of the Sublease as a hotel/convention/golf
complex ("Project"); and that the Sublease is amended to provide that Subleasee,
or their successors in interest, waives any claim aganist the City or its
Redevelopment Agency for any relocation benefits under the California Relocation
Law or under any other state or federal requirement, or for the goodwill value
of their business in eminent domain, or in any other proceedings, or for any
right which they may have to participate in the Project. or anv other develooment
or redevelooment of the Premises.
3. The Sublease is amended to the satisfaction of the City to
provide that the Subleasee waives any objection to the City or its Redevelopment
Agency from proceeding with, including implementation f, the ject. or anv
other develooment or redevelooment of the Premises..
Presented by
b;L2
ity
Jess Valenzuela, Director of
Parks and Recreation
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SUBLEASE
This SUBLEASE is made ~nd entered into this ___ day
of , 1992 by and between AMERICAN GOLF
CORPORATION, a California corporation (referred to variously
hereafter as "Sublessor," "Lessee" or "AGC" as the nature of
the agreement may require), and PHS COMPANY, db~ PRESTIGE
HOSPITALITY SERVICES, a business trust ("Sublessee" or
"PHS").
RECITALS
A. AGC is lessee of that certain restaurant and
bar facility commonly known as South Bay Restaurant and more
particularly describt'!d in Section 1 below ("Restaurant" or
"Premises"), located at Chula Vista Golf Course, city of
Chu1a VJsta, California, pursuant to that certain Lease
Agreemt'mt ("Lease") entered intc) July 1, 1986 between The
City of Chula vista, a municipal corporation, ("Lessor" or
"City"), as lessor, and Sublessor, as lessee.
B. A copy of the Lease is attached to this
Sublease as Exhibit itA." Exhibit A is made a part of this
Sublease f~r all purposes and may be amended only by mutual
consent of Lessor and Lessee.
c. PHS desires to sublease from AGC the Premises
upon the terms, covenants and conditions hereinafter set
forth.
NOW, THEREFORE, with reference to the foregoing
Recitals and in consideration of the mutual promises ~nd
covenants contained herein, Sublessor and Sublessee hereby
agree as follows:
AGREBMENT
1. Premises. Effective April ___, 1992 (the
"Effective Date"), Sublessor suble~ses to Sublessee and
Sublessee subleases from Slwlessor the Premises consisting of
(a) a restaurant, bar, golfers lounge, and banquet facilities
commonly known as South Bay Restaurant located at Chula Vista
Golf Course ill the city of ChUla vista, san Diego County,
California, (b) a nonexclusive right to use the walkways,
landscaped areas, and grounds immediately adjacent to the
Restaurant building or which are used in the operation of the
Restaurant, and (c) a nonexclusive right to use thE'! parking
lot adj acent to the Restaurant bui]~ding, which parking lot is
used both by the Restaurant and by Chula Vista Golf Course.
The parties acknowledge that the Premises do not include the
lower level of the Restaurant building, which is used by AGe
for the storage, maintenance, and repair of the golf carts
,
- /
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U3:31.l:92
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U'213 829 5186
,UIERICX\ GOLF
I4i 003
used in the operation of Chula Vista Golf Course. Subles:>or
and Sublessee shall cooperate with each other as to their
joint or separate uses of the Restaurant building.
2. Personal Procertv.
(a) Owned Property. As part of this
SUbleasE'!, Sublessor also subleases to Sublessee and Sublessee
subleases from Sublessor all personal property now used in
the operation of the Premises (the "Personal Property"). A
listing of the Personal Property subject to this Sublease is
attached to this SUblease as Exhibit "13." All of the
Personal Property which is listed on Exhibit "B" is owned by
Sublessor (the "Owned Personal Property") with the specific
exception of those items of Personal Property which are
listed as leased and which are referred to in Section 2(b) of
this Su~)lease and Exhibit "C" to this Sublease (the "Leased
Personal Property"). Sublessee's responsibility for repair
and maintenance of all Personal property, both Owned and
Leased, is described in Section 11 of this Sublease, as well
as Sublessee's obligations with regard to the return of
Personal Property upon expiration or earlier termination of
this Sublease.
(b) Leased Property. Sublessee also agrees
to, and as a oondition of this Sublease shall, assume all
leases of equipment ("Equipment Leases") for the Leased
Personal Property used in the operation of Restaurant. If
Sublessor and SUblessee cannot arrange with third-party
lessors of the Leased Personal Property for the assignment
and assumption of all Equipment Leases (and the release of
Sublessor thereunder) on or after the Effective Date,
Sublessee agrees and acknowledges that, under the terms of
this Sublease, Sublessee shall be bOUnd and obligated to
satisfy the lessee's obligations (except obligations specific
to Sublessor such as providing financial statements to the
Equipment Lease lessors) under each such Equipment Lease (but
only for the Leased Personal Property) in the same manner as
if Sublessee were a party to each said Equipment Lease. A
listing of all Equipment Leases subject to this Sublease is
attached to this SUblease as Exhibit "D."
(e) ,L;i._~uor License. Sublessor presently
holds title to that certain On-Sale General Eating Place
Alcoholi,; Beverage License (the "Restaurant Liquor License"),
No. 47-172390, and Duplicate License NO. 47-172390-001 issued
by the California Department of Alcoholic Beverage Control
("ABC"). Sublessor agrees to sell the Restaurant Liquor
License to SUblessee for six thousand dollars ($6,000.00)
("Liquor License Purchase Price"), and Sublessee shall pay
all transfer fees, escrow fees, and other charges for
transfer of the Restaurant Liquor License to Sublessee
2
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A)lER1'A\ (,ULF
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including all fees for a temporary lioense. Sublessee shall
be responsible for consummating the transfer of the
Restaurant Liquor License to Sublessee including preparing
all applications and other documents and opening escrow, and
Sublessor agrees to cooperate with Sublessee in all
reasonable respects. Sublessor further agrees to execute a
surrender form as part of the transfer process in order that
Sublessee may also obtain a temporary license. Sublessee
hereby agrees that upon the expiration or earlier termination
of this Sublease, Sublessor shall have the right to buy back
the Restaurant Liquor License from Sublessee for the Liquor
License Purchase Price. If Sublessor elects to buy back the
Restaurant Liquor License, Sublessor shall be responsible for
consununating the transfer of the Restaurant Liquor License to
Sublessor including preparing all applications and other
documents and opening escrow, and Sublessee agrees to
cooperate with Sublessor in all reasonable respects.
Sublessee further agrees to execute a surrender form as part
of the transfer process in order that Sublessor may also
obtain a temporary license.
If Sublessee is not able to obtain a temporary
liquor I i cense prior to the Effe<;tive Dat.e, Sublessor and
Sublessee shall enter into a management agreement whereby
Sublessee shall manage the sale of alcoholic beverages at
Restaurant on Sublessor's behalf and for Sublessor's account
until such time as Sublessee's temporary license is issued.
Sublessee agrees to indemnify and defend City and Sublessor
from any charges stemming or resulting from the sale or
consumption of alcoholic beverages on the Premises beginning
on and after the Effective Date and Sublessor agrees to
indemnify and defend Sublessee from any charges stemming or
resulting from the sale or consumption of alcoholic beverages
on the Premises prior to the Effective Date.
3. Service/Vendor contracts. Sublessee also
agrees to, and as a condition of this Sublease shall, assume
all Sublessor's obligations under the service contracts
("Service Agreements") with various vendors who provide
services used in the operation of Restaurant. Sublessee
shall have thirty (30) days from the Effective Date to
examine all service Agreements and if, in the exercise of its
reasonable commercial judgment, Sublessee determines that it
would be in the best interest of both Sublessor and Sublessee
to cancel or otherwise modify a particular Service Agreement,
Sublessor agrees to attempt to work with Sublessee in seeking
to cancel or modify the service Agreement in question;
provided, however that Sublessor shall not be obligated to
cancel or modify a Service Agreement if such cancellation or
modification would result in Sublessor being in breach of
such Service Agreement. If Sublessor and Sublessee Cannot
arrange with third-party vendors for the assignment and
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assumption of all Service Agreements (and the release of
Sublessor thereunder) on or after the Effective Date,
Sublessee agrees and acknowledges that, under the terms of
this Sublease, Sublessee shall he bound and obligated to
satisfy Sublessor's obligations under each such Service
Agreement in the same manner as if Sublessee were a party to
each said Service Agreement. A listing of all Service
Agreements subject to this Sublease is attached to this
Sublease as Exhibit: "8."
4. Other Contracts. Sublessee also agrees to,
and ao': a condition of this Sublease shall, assume and perform
all Sublessor's obligations under all contracts and
agreements providing for the use by third parties of any part
of the Premises on or after the Effective Date, including
banquets, meetings, weddings, parties, and other group
functions (colle,;tively, the "Contracts"). Sublessee hereby
agrees to indemnify, defend, and hold harmless Sublessor from
and against all claims, damages, and liability relating to
the performance by Sublessee on and after the Effective Date
of all Sublessor's obligations under the Contracts. A list
of all Contracts is attaChed to this Sublease as Exhibit "F".
Prior to the Effective Date, Sublessor shall pay to Sublessee
an amount equal to all deposits received by Sublessor for
Contracl;s relating to the period on and after the Effective
Date.
5. Incorporation of Lease. Except as otherwise
specifically provided in this Sublease, Sublessee agrees to
perform, observe, abide by and be governed by all terms and
obligations of Lessee under the Lease, and Sublessee agrees
that the Lease Shall remain in full force and effect as
applied to Sublessee. Sublessor shall be entitled to enforce
all of the terms and provisions of the Lease against
Sublessee as if Sublessor were, in fact, the Lessor. For
purposes of Sublessee's performance of all covenants,
obligations, and terms of the Lease, Sublessor shall be
considered the "Lessor" under the Lease and Sublessee shall
be considered the "Lessee" under the Lease.
6. Modifications to Lease. For purposes of this
Sublease only, the provisions of the Lease, as incorporated
herein, are subject to the following modifications or
deletions:
(a) In all provisions requiring the approval
or consent of city, Sublessee first shall be required to
obtain the approval or consent of sublessor. Sublessor shall
forward to City such requests as Sublessee may submit for
approval and/or consent from City. Nothing contained in this
Sublease shall be deemed to require Sublessor to give consent
or approval because city has given such consent or approval.
4
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(b) 'rhe following Secti.ons of the Lease shall
not be incorporated herein by reference: Sections 4, 6, and
27.
(c) All insurance required of Sublessee
pursuant to Paragraph 11 of the Lease shall name Sublessor
and city as named insureds as their respective interests may
appear.
7. Term. The term of this SUblease ("Term")
shall Commence on the Effective Date. Unless otherwise
extended or terminated earlier as provided below or pursuant
to the Lease, the Sublease Term shall end June 30, 1996.
(a) Pursuant to the terms of Section 4(A) of
the Lease, Lessee has the option to extend the term of the
Lease for two periods of ten years each (the "Option" or
collectively, the "options"). The parties acknowledge and
understand that Lessee must give Lessor notice of its
intention to exercise the Option not less than 180 days prior
to expiration of the lease term then in effect. The initial
term of the r""ase expires Jlme 30, 1996. So long as
Sublessee is not in breach or default of any of its
obligations under this Sublease or the underlying Lease,
SUblessee may deliver written notice to Sublessor of
sublessee's desire to extend the Sublease Term for the Option
period (which notice must be delivered to Sublessor no later
than 210 days prior to the expiration of the Term of this
Sublease), and in such event Sublessor aqrees to exercise the
Option without delay. Nothing contained in this section
shall be construed to require Sublessor to exercise the
option in the eVent that Sublessee is in default or breach of
any of its obligations under the Sublease or the Lease, and
in such event if Sublessor does not exercise the Option,
Sublessor shall have no liability to Sublessee. Sublessor
shall be the sole judge of what constitutes a breach or
default: provided, however, that Sublessor shall exercise its
reasonable commercial judgment in making any such finding.
Even if Sublessee is in breach or default of its obligations
under this Sublease or the underlying Lease, Sublessor may
still elect to exercise the option, and such exercise shall
not waive Sublessee's breach or default or 'Iny rights or
remedies of Sublessor under this Sublease or the underlying
Lease.
(b) If Sublessor has not received from
Sublessee written notice of Sublessee's desire to extend the
Sublease Term in accordance with section 7('1) above, then the
Sublease Term shall be deemed terminated effective June 30,
1996.
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(c) The parties acknowledge and understand
that section 21B of the Lease provides that City has the
right to cause an early termination of the Lease in the event
the Premises are required for constructing public streets or
drainage facilities for the Sweetwater River Flood Plain.
The parties further acknowledge and understand that the term
of the Lease may be terminated early if the City approves a
plan to develop and has entered a phase in which construction
will commence on a hotel on the Premises. If either of these
events occur and the term of the Lease is terminated early,
then the term of this Sublease shall also be terminated
early. Sublessee hereby acknowledges that Sublessor has made
no representations and warranties as to the likelihood of
either of these events occurring that would cause an early
termination of the term of the Lease and this Sublease. In
the event of such an early termination, Sublessee shall have
no rights or remedies as against the City or Sublessor.
8. Rent. Sublessee shall pay to Sublessor the
same amount of rent as Sublessor is obligated to pay to the
City pursuant to Section 5 of the Lease. The parties
acknowledge and understand that the minimum monthly rent now
in effect under the Lease is four thousand seven hundred
sixty-four dollars ($4,764.00), and that the minimum monthly
rent shall be adjusted on July 1, 1992 pursuant to the Lease.
Sublessee shall deliver to Sublessor on or before the loth
day of each month a statement of gross sales, certified by
Chris Campion. Sublessee's statement of gross sales shall be
in compliance with section 5 of the Lease. The rent due and
owing by Sublessee shall be paid to Sublessor on or before
the 10th day of each month at the same time as Sublessee
delivers to Sublessor the statement of gross sales. Payments
made by Sublessee pursuant to this Section 8 or Section 9
below shall be made to Sublessor at the following address:
American Golf Corporation, 1633 26th street, Santa Monica,
California 90404, Attention: Kathy Mallari.
9. Additional Rent. In addition to the rent set
forth in Section 8 of this Sublease, Sublessee shall pay to
Sublessor the following additional sums:
(a) $200.00 each month for real property
taxes and assessments and possessory interest taxes against
the Premises. If there is an increase in the amount of real
property taxes and assessments or possessory interest taxes
which Sublessor is obligated to pay with respect to t.he
Premises, then the amount to be paid by Sublessee pursuant to
this Section 9(a) shall be equitably adjusted to reflect this
increase.
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(b) $865.00 each month for maintenance and
upkeep of the parJ:ing lot and the walkways, landscaped areas,
and grounds immed1ately adjacent to the Restaurant building.
The amount paid by Sublessee under this Section 9(b) shall be
adjusted on July 1, 1993 and on JUly 1 of each year
thereafter by the percentage increase in the San Diego Area
Consumer Price Index for All Urban Consumers as compiled by
the united States Department of Labor, Bureau of Labor
statistics for the period April 1, 1992 through July 1, 1993
for the first adjustment date of July 1, 1993 and for the 12
month period preceding each subsequent adjustment date.
(c) $50.00 each month for capital
improvements to the parking lot. The amounts paid by
SubleSsee under this subparagraph (c) shall be separately
accounted for by SUblessor, and upon the expiration or
earlier termination of this Sublease, any unused amounts
shall be refunded by Sublessor to Sublessee. No interest
shall accrue for Sublessee's benefit on these funds.
(d) $175.00 each month to reimburse SUblessor
for the cost of the premium allocated to the Premises for the
fire and extended coverage property insurance maintained by
Sublessor pursuant to Section 15(a) of this Sublease. The
amount to be paid by Sublessee pursuant to this Subparagraph
(d) shall be equitably adjusted from time to time to reflect
any increase or decrease such insurance premiums.
The amounts to be paid by Sublessee pursuant to
subparagraphs (a), (b), (c), and (d) above shall be paid to
Sublessor at the same time as Sublessee pays the rent
pursuant to Section 8 above. Sublessee shall pay prior to
delinquency, all taxes assessed against the Personal Property
and any personal property of Sublessee used in the operation
of the Premises.
10. Lessor's Consent. The parties acknowledge
that, pursuant to Section 17 of the Lease, Lesso;r;-'s prior
written consent to any subletting of the Premises is
required. Therefore, the parties' execution of this Sublease
and their performance thereunder is subject to and contingent
upon Lessor's giving its consent to this sublease, and the
parties hereto agree to cooperate and use their best efforts
to obtain Lessor's consent hereto. Sublessee shall have no
further right of subletting or assignment of this Sublease.
11. Condition of Premises.
(a) Inspection. Sublessee has had the
opportunity to fully inspect the Premises and has satisfied
itself as to the condition of the Premises. Sublessee
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acknowledges t.hat except as may be provided for in 11 (b)
below, n~ither Sublessor nor Sublessor's amployees or agents
have made any representation or given any warranty as to the
condition of the Premises, including any warranty as to
suitability of the Premises far the purposes for which
Sublessee may use them. By its execution of this Sublease
and its acceptance of the Premises, Sublessee agrees that it
accepts the Premises in their "as is, where is" condition
with all faults, and subject to all matters of record and to
all applicable laws, regulations and ordinances governing and
regulating the use of the Premises in any manner whatsoever.
(b) Roof Repair. Sublessor hereby agrees, at
its expenSe, to make certain repairs to the roof of the
Premises, and the cost of such repairs shall not exceed
$
12. Maintenance and Renairs.
(a) Subject to the terms of Section 10 of the
Lease, fmblessee shall be responsible for all maintenance and
repair of the Premises and the Personal Property and agrees
to maintain the Premises and the Personal Property in good
working order, repair and condition. Upon expiration or
earlier termination of the Sublease Term, SUblessee shall be
obligated to surrender the Premises and the Personal Property
(or replacement personal property of comparable worth and
quality) to Sublessor in a condition at least as good as the
condition in whiCh Sublessee received the Premises and the
Personal Property at the commencement of the Sublease Term
and in good working order and repair.
(b) Notwithstanding Section 7 of the Lease,
Sublessor shall be responsible for customary maintenance and
upkeep of the parking lot shared by the Restaurant and Chula
vista Golf Course. Sublessor shall also be responsible for
maintaining the landscaping around the Restaurant building.
Sublessee shall be responsible for repairing or replacing any
damage or destruction to the parking lot or landscaping
caused by Sublessee or its employees, and agents, and/or its
customers, invitees, or guests patronizing the Premises and
not the golf course.
(c) Sublessee must obtain Sublessor's prior
written approval before commencing any repairs costing over
$1,000 unless such repairs are required to be made dUe to an
emergency situation.
13. Alterations. Subject to the terms of section
8 of the Lease, other than the improvements listed on Exhibit
"H" to this Sublessee, Sublessee shall not alter either the
exterior or interior of the Premises or change any
8
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AMER1C\~ GOLF
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structural, mechanical or electrical component of the
Premises without first obtaining the prior written consent of
Sublessor and city.
14. Utilities. Upon the Effective Date, Sublessee
shall, at its sole cost, arrange to have transfer all
utilities, including but not li~ited water, gas, electricity
and telephone service, used in the operation of the
Restaurant transferred from Sublessor to Sublessee.
15. Insurance.
(a) Sublessor's Coverage. Sublessor shall
maintain insurance on the Restaurant building and its
contents (except personal property of Sublessee) insuring
against loss or damage by fire, lightening, and/or any other
perils insurable under the form of extended coverage then
available ("Property Insurance"). Sublessee acknowledges and
understands that as of the date of this Sublease the
deductible under Sublessor's Property Insurance is $50,000.
(b) Sublessee's Coverage. Except as
provided in subparagraph 15(a) above, with respect to the
insurance requirements set forth in Section 11 of the Lease,
Sublessee agrees to procure and maintain, at Sublessee's
expense, at all applicable times, insurance coverage as set
forth hereafter, it being the intention of the parties that
Sublessee shall at all times during the Sublease Term procure
and maintain the most extensive insurance coverage required
under either the Lease or the Sublease; provided, however,
that nothing contained in the foregoing shall be understood
to require Sublessee to obtain separate and duplicative
coverages under the Lease and Sublease. The insurance
coverage to be obtained by Sublessee shall be as follows:
(i) Insurance on the Restaurant
building and its contents insuring against loss or damage by
fire, lightening, and/or any other perils insurable under the
form of extlended coverage then available in an amount equal
to the deductible under Sublessor's Property Insurance,
having a deductible limit not in excess of $1,000 and naming
Sublessor as loss payee. This coverage shall be pri.mary to
Sublessor's Property, and shall cover the first dollar of any
loss or damage. Upon the occurrence of any loss or damage
covered by this insurance, Sublessee shall be responsible for
paying the deductible.
(ii) Insurance on all personal property
owned by Sublessee located in the Restaurant building
including operating supplies and inventories, insuring
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IillOII
against loss or damage by fire, lightning and/or any other
perils insurable under the form of extended coverage then
available.
(iii) Business interruption insurance
against losses due to fire, lightning and other perils
insurable under the form of extended coverage then available
in an amount not less than one hundred percent (100%) of the
minimum rent due for a nine-month periOd, and specifically
naming AGC as loss payee to the extent of AGC's interest
under this Sublease.
(iv) comprehensive public liability
insurance, including bodily injury, personal injury, property
damage, automobile liability, garage liability, garage
keeper's liability, products liability, innkeeper's
liability, contractual liability, and liquor liability, in an
amount not less than five million dollars ($5,000,000.00)
single limit per occurrence, and naming Sublessor and the
City as additional insureds.
(v) worker's compensation and employer's
liability insurance as required under applicable law.
(vi) fire legal liability insurance in
an amount not less than one hundred thousand dollars
($100,000.00), and naming Sublessor and city as loss payees.
(c) Policies. All insurance coverage under
this SUblease shall be secured through policies issued by
insurance companies of good reputation and of sound and
adequate financial responsibility which have been approved by
Sublessor (which approval shall not be unreasonably withheld
provided such companies have A.M. Best policy holder rating
of not less than A and financial size rating of not less than
X). Sublessee shall deliver to Sublessor certificates of
insurance with respect to all of the policies of insurance
maintained by Sublessee under this Sublease, including
existing, additional and renewal policies; and in the case of
insurance about to expire, Sublessee shall deliver to
SUblessor certificates of insurance with respect
to the renewal policies not less than ten (10) days prior to
the respective dates of expiration. All insurance coverages
under this Sublease shall have deductible limits approved by
Sublessor.
(d) Endorsements. All policies of insurance
maintained by Sublessee under this Sublease shall contain
clauses or endorsements to the effect that such policies
shall not be cancelled without at least thirty (30) days
prior written notice from the insurance carrier to Sublessor,
Sublessee and any other party named as an insured. All
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AllER I c.-\\i GO LF
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insurance policies maintained by Sublessee shall contain an
endorsement t.o the effect that such insurance shall be
primary to any similar insurance that may be carried by AGe.
(e) Subroqation. Neither Sublessor nor
Sublessee shall assert against the other, and Sublessor and
Sublessee hereby waive with respect to each other, any claims
and rights of reoovery for any losses, damages, liability, or
expenses (including attorneys' fees) incurred or sustained by
either of them on account of injury to persons or damage to
property arising out of the operation and maintenance of the
Premises to the extent that the same are covered by the
insurance required under this Section 15, Sublessor and
Sublessee hereby grant to each other, on behalf of their
respective insurance companies, a waiver of any right of
subrogation which any insurance company or party may aCq1.llre
against the other party by virtue of payment of any loss
under any inFlllrancl? policy. Sublessol- and Sublessee shall
give notice t,o their respective insu!'i'ince companies of the
mutual waiver of Subrogation contained in this Section 15(d),
and Sl~le$see shall cause its insurance company to provide a
written subrogation waiver indicating that such insurance
company waives all right of recovery by way of subrogation
Which such insurance company may acquire against Sublessor
and Sublessor's insurance companies.
16. Indemnification. Sublessee agrees to
indemnify, defend and hold harmless Sublessor and Lessor and
their respective owners, employees and agents against any and
all claims, damage, loss, judgments, liability and expense,
including without limitation attorneys' fees and legal costs,
incurred directly or by reason of any claim, action, suit or
proceeding brought by or on behalf of any person or persons
for any damage, injury, loss or expense arising out of,
occasioned by or in any way attributable to the use or
occupancy of the Premises on and after the Effective Date or
the acts or omissions of Sublessee, its agents, employees or
contractors. SUblessee agrees that the obligations of
Sublessee pursuant to this section shall survive the
expiration or earlier termination of this Sublease.
17. staff. Sublessee agrees in good faith to
intervi,-,w, screen and consider for hiring all current hourly
employees of Sublessor working in the Restaurant (the
"Restaurant Enlployees") under Sublessee's current wage
guidelines. AGe shall terminate the employment of all
Restaurant Employees as of the end of the day immediately
preceding the Effective Date and shall pay to all Restaurant
Employees all wages earned but unpaid through that date.
Thereafter, AGe shall have no further obligation with regard
to the Restaurant Employees. The names of the current
employees, their job titles and their salaries are identified
11
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I4J 013
on Exhibit "G" to this Sublease. AGe warrants and represents
that it has created a Voluntary Employees' Beneficiary
Association ("VEBA") Trust pursuant to the U.S. Employee
Retirement Income Security Act, 29 U.S.C. Section 1001 et
seq., and that all vacation benefits owed to employees are
paid from the proceeds of this trust. AGC shall pay vacation
benefits to all eligible employees whose entitlement to
vacation benefits has actually vested as of March 31, 1992.
With regard to any employee whose entitlement to vacation
benefits has not yet vested as of the beginning of the
Sublease Term and who remains employed by Sublessee after
Sublessee's ninety day probation period, PHS agrees it shall
credit such employee (for purposes of determining accrued
vacation time) with the period of time that employee was
employed by AGe and for which employee's vacation benefits
had not yet vested.
18. Reoresentations. Sublessor hereby represents
and warrants to Sublessee, as of the Effective Date, which
representations shall survive the Effective Date:
(a) The Lease is in full force and effect and
Lessee has received no notice from Lessor of
the existence of any breach or default.
(b) No litigation is pending or threatened
regarding the Restaurant.
other than as specifically set forth above,
Sublessor makes no representations or warranties to SUblessee
regarding the condition of the Premises, the operations of
Restaurant, or the future profitability of Restaurant.
19. Broker'S Commission. A broker's commission in
the amount of $17,280.00 shall be paid to the Bigley Group.
Sublessor and Sublessee will each pay $8,640.00. Except for
the broker's commission set forth in the preceding sentence,
Sublessor and Sublessee hereby represent and warrant to each
other that no other commission, fee, or other compensation is
owed to any broker, finder, or other agent in conneotion with
this transaction, and each party hereby indemnifies and holds
harmless the other party from and against any Claims for
broker's commissions, finder's fees, or other compensation as
a result of the indemnifying party's entering into this
transaction.
20. Holdinq Over. Upon expiration of the Sublease
Term or earlier termination of this Sublease, Sublessee shall
immediately vacate the Premises. Any holding over shall
create a month-to-month tenancy terminable on 30 days notice
12
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AMEl\I CI \ <;"LE
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given at any time by either party. All covenants and
conditions of this Sublease shall remain in full force and
effect during any holding over period.
21. Breach and Remedies. The following events
will constitute a breach of this Sublease and a default
thereunder: (l) if Sublessee fails to pay rent or fulfill
any other monetary obligation of Sublessee to Sublessor, and
Sublessee fails to cure such monetary default within three
(3) days after written notice from Stililessor to Sublessee of
such monetary default; or (2) if Sublessee fails to keep,
observe, or perform any other covenant, Obligation or term
under this Sublease when due or called for, and Sublessee
fails to cure such default within ten (10) days after written
notice from Sublessor of such default (provided, however,
that it shall not be deemed to be a default if Sublessee has
commenced cure and is diligently prosecuting same but is
unable to complete such cure within 10 days); or (3) if
Sublessee shall be the subject of a voluntary or involuntary
bankruptcy proceeding, reorganization, or liquidation
proceeding commenced by or against Sublessee; (4) if
Sublessee shall be adjudged bankrupt, or a receiver be
appointed for Sublessee's property, or if Sublessee's
interest in this Sublease shall pass by operation of law to
any person other than Sublessee; (5) if a voluntary or
involuntary lien or encumbrance is placed on the Premises or
any Personal Property and is not removed within 60 days; or
(6) tile occurrence of any of the event.s set forth in Section
21A(2), 2IA(S), or 2lA(6) of the Lease. If any of the events
identified in the preceding sentence should occur and
Sublessee does not cure the default within the time periods
provided above, Sublessor may elect to terminate this
Sublease immediately and seek all remedies as provided under
law and equity, or Sublessor may terminate Sublessee's right
to possession without termination of the Sublease. In
addition, upon the occurrence of any of the events set forth
in this Section 21, Sublessor shall have the same rights and
remedies as the City does under the Lease upon the occurrence
of a default by Lessee.
If Sublessor at any time by reason of
Sublessee's default pays any sum or does any act that
requires payment of any sum, the sum paid by Sublessor shall
be immediately due and owing by Sublessee to Sublessee at the
time the sum is paid, and if paid at a later date shall bear
interest at ten percent (10%) per annum from the date the sum
is paid by Sublessee until Sublessor is reimbursed by
Sublessee.
In the event of any action or proceeding
between Sublessor and Sublessee under this Sublease, the
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prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. Ouiet Eniovment. Subject to the terms and
conditions of the Lease and this Sublease, so long as
Sublessee's complies with all of its obligations under this
Sublease and the Lease, Sublessor shall secure to Sublessee
the quiet enjoyment of the Premises without objection or
interference from Sublessor or any party claiming under
Sublessor.
25. Arbitration. Any controversy or claim between
the parties relating to this Sublease for the Lease or any
other agreements relating hereto shall be determined by
arbitration. The arbitration shall be conducted under the
Commercial Rules of the American Arbitration Association.
The arbitrators shall give effect to statutes of limitation
in determining any claim. Any controversy concerning whether
an issue is arbitrable Shall be dete~~ined by the
arbitrators. Judgment upon the arbitration award may be
entered in any court having jurisdiction. The institution
and maintenance of any action for judicial relief or pursuit
of a provisional or ancillary remedy shall not constitute a
waiver of the right of any party to submit the controversy or
claim to arbitration if any other party contests such action
for judicial relief. Nothing contained in this Section shall
limit the right of any party to exercise self-help remedies
or to obtain provisional or ancillary remedies from a court
of competent jurisdiction before, after, or during the
pendency of any arbitration or other proceeding. The
exercise of a remedy does not waive the right of either party
to resort to arbitration.
24. General Provisions.
(al Captions. The captions and headings used
in the Sublease are for the purpose of convenience only and
shall not be construed to limit or extend the meaning of any
provision of this Sublease.
(b) Notices and Addresses. All notices,
demands, requests or replies provided for or permitted by
this Sublease shall be in writing and may be delivered by any
one of the following methods: (1) by personal delivery; (2)
by deposit with the United States Postal Service as certified
or registered mail, return receipt requested, postage prepaid
to the addresses stated below; (3) by prepaid telegram; or
(4) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the
manner described above Shall be deemed effective three (3)
business days after deposit with the Postal Service. Notice
by telegram or overnight express delivery service shall be
14
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AJIERICAN GOLF
141 016
deemed effective one (1) business day after transmission to
the tel~graph company or after deposit with the express
delivery service. Notice by personal delivery shall be
deemed effective at the time of personal delivery.
For purposes of notice, demand, request, reply
or payment, the address of Sublessor shall be:
American Golf Corporation
c/o Chula Vista Golf Course
4475 Bonita Road
Bonita, California 91902
with a copy to:
American Golf Corporation
1633 26th street
Santa Monica, California 90404-4024
Attention: Legal Department
The address of Sublessee shall be:
PHS Company
4475 Bonita Road
Bonita, California 91902
Attention: Chris Campion
(c) Governina Law. This Sublease and the
rights and liabiLities of the parties to the Sublease shall
be governed by the laws of the state of California.
(d) Severability. If any provision of this
Sublease is invalidated by judicial decision or statutory
enactment, the invalidity of any such provision will not
effect the validity or enforceability of any other provision
of the Sublease.
(e) Waiver. The waiver by Sublessor of any
breach of any term, condition or covenant of this Sublease
shall not be deemed to be a waiver of sUOh provision or any
subsequent breach of the same or any other term, condition or
covenant of this Sublease. The subsequent acceptance of rent
by Sublessor shall not be deemed to be a waiver of any
preceding breach at the time of acceptance of such payment.
No covenant, term or condition of this Sublease shall be
deemed to have been waived by Sublessor unless such waiver is
in writing signed by Sublessor.
(f) Entire Aareement. This Sublease is the
entire agreement between the parties, and supersedes any
prior agreements, representations, negotiations or
correspondence between the parties except as expressed
15
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~;U:J S2H 51Sb
AJIJ::Rl CA_\ GULF
141 01 i
herein. Except dS utherwise pruvided herein, no subsequent
charge or addition to this Sublease shall be binding unless
in writing and signed by the parties.
(g) Authoritv. If Sublessee is a corporation
or a partnership, each individual executing this Sublease on
behalf of said corporation or partnership, as the case may
be, represents and warrants that he is duly authorized to
execute and deliver this Sublease on behalf of said entity in
accordance with its corporate bylaws, statement of
partnership or certificate of limited partnership, as the
case may be, and that this Sublease is binding upon said
entity in accordance with its terms.
(h) Exhibits. All exhibits attached to this
Sublease are hereby incorporated into and made a part of this
Sublease.
(i) Time. Time is of the essence for the
performance of each term, condition and covenant of this
Sublease.
(j) Estoppel Certificate. Either Sublessor
or Sublessee may request an estoppel certificate from the
other party regarding any matter referred to in this Sublease
or in the Lease and the parties agrees to furnish such
certificate within fifteen (15) days following receipt of
written notice of such request.
25. Comoliance with Laws. Sublessee shall comply
with all federal, state, county, and local laws, rules,
regulations, and ordinances relating to the use and operation
of the Premises. Sublessee shall not store, manufacture,
use, dispose of, or release any hazardous substances or
materials on, under, or around the Premises, except such
hazardous substances or materials customarily used in the
operation and maintenance of a restaurant and bar facility,
provided that such hazardous substances and materials are
used and stored in such quantities and in such manner as to
comply with all applicable federal, state, county, and local
laws and regulations. Sublessee hereby agrees to indemnify,
defend, and hold harmless Sublessor and its owners, officers,
employees, and agents from and against all claims, actions,
liabilities, damages, judgments, losses, costs, and expenses
(including attorneys' fees) relating to the use, manufacture,
storage, disposal, or release of hazardous substances or
materials on, under, or around the Premises or any remedial
action required by any governmental or quasi-governmental
agency with respect to such hazardous substances or
materials.
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AMERHA\ GULF
141018
26. capital Improvements. Sublessee hereby agrees
to complete within twenty-four (24) months after the
Effective Date of this Sublease the capital improvement items
described in Exhibit "H" attached to this Sublease. Subject
to section 12 of this Sublease and Section 8 of the Lease,
Sublessee shall obtain the prior written consent of Sublessor
and City before starting those capital improvement items
which constitute alterations to the Premises as defined in
those sections. Sublessee acknowledges and understands that
either Sublessor or City may impose certain conditions upon
Sublessor in connection with such capital improvement items.
27. Golf Course Employee Meals. sublessee hereby
agrees that all purchases at the Restaurant made by employees
of Sublessor shall be charged to such employees at one-half
the price charged to the public.
2B. No Encumbrances. Sublessee shall not create
or incur any voluntary or involuntary liens, mortgages, or
other encumbrances against the Premises or any of the
Personal Property.
29. Use of Premises. Sublessee intends to
maximize the hours of operation of the Restaurant by
implementing an aggressive marketing plan to attract new
patrons for banquets, conferences and special "a la carte"
events, open to the general public. Sublessee's marketing
plan includes Big Band Dinners, dances, and Sunday Champagne
Jazz brunches. In addition, Sublessee intends to continue to
operate existing services for the golfer and the general
public in the Golfer's Lounge, Fairway Room and Snack Bar.
SUBLESSEE
SUBLESSOR
PHS HOLDING COMPANY,
a business trust
AMERICAN GOLF CORPORATION,
a California corporation
By
By
Its
First 'l'ruste!iL_~____
Its
The undersigned, Chris campion, hereby guarantees all
obligations of PHS Company under this Sublease.
CHRIS CAMPION
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RESOLUTION NO. 12593
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING LEASE AGREEMENT WITH
AMERICAN GOLF CORPORATION FOR THE MAINTENANCE
AND OPERATION OF THE RESTAURANT AND BAR
PREMISES AT THE CHULA VISTA MUNICIPAL GOLF
COURSE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve that certain Lease
Agreement between AMERICAN GOLF CORPORATION, a California
corporation, and THE CITY OF CHULA VISTA, a municipal
corporation, for the maintenance and operation of the restaurant
and bar premises at the Chula Vista Municipal Golf Course, dated
the 7n+ch day of .r,,7, , 1986, a copy of which is
attached hereto and incd'rporated herein by reference as if set
forth in full.
(
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to
execute said Agreement for and on behalf of the City of Chula
vista.
BE IT FURTHER RESOLVED that said Agreement shall be in
effect from and after July 1, 1986.
Presented by
Approved as to form by
~~sistant
Manager
~
Clty ----
a:A K- r;J-(
Charles R. Gill, Assistant City
Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
10th
day of
Jull./
19 86 ,by the following vote, to_it:
AYES: Counc il members COX. McCANDLISS, CAMPBELL , MOORE
NAYES: Counci lmembers NONE
ABSTAIN: Counc 11 members NONE
ABSENT: Counci 1 members MALCOLM
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e it1'of Chula~~~ta
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(
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) 55.
)
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a fuJi, true and correct copy of
RESOLUTION NO. 12593
,and that the some has not been amended or repealed,
DATED
~~~
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----
CllY OF
CHUlA VlsrA
-.'1
City Clerk
CC-660
, " _'7 <:1
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I d 593
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7/16/86
"
LEASE AGREEMENT WITH AMERICAN GOLF CORPORATION, A
CALIFORNIA CORPORATION, AND THE CITY OF CHULA VISTA FOR
THE MAINTENANCE AND OPERATION OF THE RESTAURANT AND BAR
PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE
THIS AGREEMENT, made and entered into this 1st day
of July , 1986, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "Lessor", and
AMERICAN GOLF CORPORATION, a California corporation, hereinafter
called "Lessee";
W I T N E S .e. E T H 1..
WHEREAS, the city of Chula Vista entered into an interim
lease agreement with American Golf Corporation on April 27, 1985
for the operation and maintenance of the restaurant facility
located at the Chula Vista Municipal Golf Course, and
WHEREAS, the City of Chula Vista sought and received
proposals from qualified operators for a long term lease of the
restaurant facility, and
(
WHEREAS, the City of Chula Vista
proposals and determined that American Golf
proposal was the most beneficial for the City, and
reviewed three
Corporation's
WHEREAS, the City Council desires to maintain the
operation of the restaurant and bar in an efficient and
profitable manner for the benefit of the City's residents, and
WHEREAS, this Agreement super cedes the Interim Agreement
of April 27, 1985 and memorializes the entire Agreement between
the parties relating to the operation of the restaurant and bar.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by
and between the parties hereto as follows:
1. LEASE PREMISES. For and in consideration of the
rent hereinafter specified and all of the covenants, conditions
and agreements hereinafter set forth, Lessor agrees to lease to
Lessee and Lessee agrees to lease from Lessor (hereinafter the
premises described below and as set forth on Exhibit "A" attached
hereto, including any appurtenances thereto, shall be referred to
as the "Leased Premises"):
A. Those certain premises which include a restaurant,
bar, golfer's lounge and banquet facilities.
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B. The Leased Premises also include a park ing lot, the
undi v ided use of whi ch is shared wi th the golf professi onal s'
shop and the golf course, the grounds immediately adjacent to the
building, and all furniture, fixtures, equipment, smallware and
paperware located in and on the portion of the building demised
herein.
C. %he Leased Premises shall include, upon approval of
~construction plans by the Lessor, those portions of the golf
7course necessary for the modification of the parking as generally
ishown in Exhibit B, attached hereto. Said Exhibit may from time
to time be amended by the mutual consent of the parties.
(
2. USE AND HOURS. Lessee shall use the Leased Premises
for the operation of a restaurant, bar and banquet facility; and
for no other purpose. The parties specifically agree that none
of the uses contained in Section 19.58.024 of the Chula Vista
Municipal Code, as that section exists on the date this Lease is
entered, a copy of which is attached hereto and incorporated
herein as Exhibit "A", shall be permitted on the premises.
Lessee shall keep the restaurant and bar open for business during
,the customary hours of similar operation, but shall not remain
open beyond the hours permitted by State law. Lessee shall not
do, bring, or keep anything in or about the Leased Premises that
will cause a cancellation of any insurance covering the Leased
Premises, or violate any law or ordinance concerning the
condition, use or occupancy of the Leased Premises.
3. FIXTURES AND IMPROVEMENTS.
A. The Leased Premises include all of the fixtures
necessary for the successful operation of a restaurant and bar
facility. Said fixtures, as more particularly described in
'. attached Exhibit C, are the property of Lessor and shall remain
the property of the Lessor upon termination of this lease and any
< extensions. If any of the fixtures described in Exhibit C are in
need of replacement or upgrading, Lessee shall, at Lessee's sole
cost, replace the item(s) with new identical or SUbstantially
similar fixtures. Lessee acknowledges that this Obligation to
replace fixtures includes upgrades of equipment that may be
necessary over the term of this Lease and the extended terms.
Said replacement or upgrades shall be the property of Lessor upon
termination of this lease and any extensions.
Lessee understands that the intent of this section is
for Lessor to have all the fixtures necessary for the successful
operation of a restaurant and bar facility upon vacation of the
Leased Premises by Lessee without additional cost to Lessor.
The fixtures described in this subsection may not be
used as security or collateral for any debt or prospective debt
of Lessee.
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B. Lessee's machines, equipment, trade fixtures and
other installations of the type commonly installed in and removed
by tenants from improvements, not specified in subsection A,
which are installed by Lessee in or on the Leased Premises shall
not be deemed to be part of the realty even though they are
attached to the floor, walls or roof of the building(s) or to
outside pavements, so long as they can be removed without
structural damage to said improvements and provided that if such
removal, at Lessee's option, of any such installation results in
nonstructural damage to any part(s) of the building(s), pavement
or premises, Lessee shall repair such damage and restore said
damaged part(s) of said building(s), pavement or premises to as
good a condition as the same were in at the commencement of this
Lease, reasonable wear and tear excepted.
4. TERM OF LEASE.
(
A. The term of this lease shall be for a period of ten
(10) years commencing July 1, 1986 If Lessee complies
with its lease obligations and responsibilities, Lessee will have
the option to extend the term ,of this lease, at the conclusion of
the ini tial ten year term, for two (2) addi tional ten (10) year
terms. Said extensions will be at the rental rate specified by
Section 5. The total term of the lease and the two optional
extensions shall not exceed thirty (30) years. The right to
exercise these options is dependent upon Lessee not being in
default on the date the option periods are to commence and Lessee
must give Lessor written notice of its intention to exercise such
options not less than one hundred eighty (180) days prior to the
end of the lessee term then in effect.
B. Notwithstanding any provision to the contrary,
Lessee may, during the initial three years, provide 180 day
written notice to Lessor of its intent to terminate the Lease.
,Said termination is at the sole discretion of Lessee. Lessee's
rights pursuant to this subsection shall be extinguished
on June 30, 1989
5. RENTAL PAYMENTS.
A. Lessee agrees to pay to Lessor as monthly rental for
the Leased Premises, wi thou t setoff, an amount equal to the sum
of the fOllowing:
(1) A sum equal to six percent (6%) of the monthly
gross sales until the point in time during the lease
year when total gross sales derived from the operation
of the Leased Premises totals five hundred thousand
dollars ($500,000), and
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(2 ) A sum equal to seven percent (7% ) of the gross
sales in excess of five hundred thousand dollars
(f500,OOO), but less than one million dollal's
( 1,000,000) derived from the annual operation of the
Leased premises, and
(3) A sum equal to nine percent (9%) of the gross sales
in excess of one million dollars ($1,000,000) derived
from the annual operation of the Leased Premises.
Lessee shall submit to Lessor a statement of gross sales
each month indicating the gross sales made in the Leased Premises
during the preceding calendar month and the total gross sales
accumulated for the lease year to date. When the accumulated
total gross sales for the lease year to date reaches $500,000,
the seven percent (7%) of gross sales shall become effective and
when the accumulated total gross sales for the lease year to date
reaches $1,000,000, the nine percent (9%) of gross sales shall
become effective for the purpose of computing the monthly rental
payment. All sums due shall be delinquent on the fifteenth day
of each month and subject thereafter to a penalty of two percent
(2%) each month or fraction of each month, if unpaid. Penalty
amount is compensation for additional accounting and
administrative costs which will be incurred by Lessor.
(
B. commencing July
payment shall be the greater of
minimum monthly rent.
1, 1989 , the monthly rental
Subsection A or the established
(1) The minimum monthly rent beginning July 1, 1989 ,
shall be determined by increasing the sum of $4,000 by
the percentage increase in the San Diego Area Consumer
Price Index (CPI) for All Urban Consumers as compiled by
the U.S. Department of Labor, Bureau of Labor Statistics
for the latest twenty-four (24) month period for which
statistics are available. In no event shall the amount
of increase exceed an average of 6% per year. Said
minimum monthly rent shall be in effect for all monthly
rent payments throughout the subsequent three lease
years.
(2) Commencing July 1, 1992 and every three years
thereafter, the minimum monthly rent shall be adjusted
by increasing the previously established minimum monthly
rent by the same proportion of increase in the CPI for
the latest thirty-six (36) month period for which
statistics are available. The parties agree that the
proportional increase shall not exceed an average of 6%
per year. The minimum monthly rent established by this
procedure shall remain in effect for the subsequent
three years.
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C. "Gross Sales Defined". The term "gross sales" as
used in this lease shall include the entire gross sales of every
kind and nature from sales and services made in the Leased
Premises whether for credit or cash, in every department
operating in the Leased Premises, whether by Lessee or by others,
including all sales from vending devices and payments from pay
telephone. "Gross sales" shall not include any rebates or
refunds to customers or sales taxes accounted for and paid to a
governmental agency.
(
D. Statement of Gross Sales. Within fifteen (15) days
after the end of each calendar month of the term hereof,
commencing with the fifteenth day of the month fallowing the
commencement of this lease agreement as hereinafter provided, and
ending with the fifteenth day of the month next succeeding in the
last month of the term of this lease agreement, Lessee shall
furnish to Lessor a statement in writing, certified by Lessee to
be cor rect, showing the total gross sales made in the Leased
Premises during the pl"eceding calendar month. Lessee shall keep
(a) full and accurate books of account and records in accordance
with Generally Accepted Accounting Principals consistently
appl ied, including, wi thout I imi ta tion, a sales journal, general
ledger, and all bank account statements Showing deposits of gross
sales revenue, (b) all cash register receipts with regard to the
gross sales, credits, refunds and other pertinent transactions
made from or upon the Leased Premises and (c) detailed original
records of any exclusions or deductions from gross sales. Such
books, receipts and records shall be kept for a period of two (2)
years after the close of each calendar year and shall be
available for inspection and audit by Lessor and its
representatives at the Leased Premises at all times during
regular business hours. In addition, upon request of Lessor,
Lessee agrees to furnish to Lessor a copy of Lessee's state and
local sales and use tax returns. The receipt by Lessor of any
statement or any payment of rental under this Lease, for any
period, shall not bind it as to the correctness of this statement
or the payment. The Lessor shall, wi thin two (2) years after the
receipt of any such statements, be entitled to an audit of such
gross sales. Such audit shall be conducted by Lessor or by
certified public accountant to be designated by Lessor during
normal business hours at the principal place of business of
Lessee. If it shall be determined as a result of such audit that
there has been a deficiency in the payment of any such rental,
then such deficiency shall become immediately due and payable
with interest at the maximum lawful rate from the date when said
payment should have been made. In addition, if any of Lessee's
statements shall be found t.o have understated gross sales by more
than two percent (2%) and if Lessor is entitled to any additional
rental as a result of any said understatement, or if such audit
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shows that Lessee has failed to maintain the books of account and
records required by this section so that Lessor is unable to
verify the accul'acy of Lessee's statement, then Lessee shall pay
to Lessor all reasonable costs and expenses (including reasonable
auditor and attorney fees) which may be incurred by Lessor in
conducting such audit and cOllecting such underpayment, if any.
6. TAXES. During the term of this lease agreement,
Lessee shall pay, prior to delinquency, all taxes assessed
against all personal property of Lessee contained within the
Leased Premises. Lessee shall be solely responsible for all real
property taxes and general and special assessments levied against
the Leased Premises. Lessee shall be responsible for any
posseSSOl'y interest taxes if applicable. Lessee agrees to pay
all taxes not later than ten (10) days before the taxing
authority delinquency date.
7. PARKING AND COMMON FACILITIES.
(
A. Lessee agrees to furnish adequate parking facilities
for the needs of the patrons of Lessee arising out of the
operation of the Leased Premises dur ing the full term of this
lease agreement or any extension thereof. Lessee shall be
jointly responsible with the operator of the Municipal Golf
Course for the repair and maintenance of the parking lot
including lighting and lightfng standards in said parking lot and
:adjacent entryway and shall assume its share of the maintenance.
Lessee agrees to maintain adequate security on the Leased
premi ses and Lessor has no responsibi 1 i ty wi th respect to the
safety and security of users of the Leased Premises and that
Lessee specifically indemnifies, holds harmless and will defend
Lessors against any claims relating to the security issue.
B. In addition to the obligations and responsibilities
specified in Subsection A, Lessee shall be responsible for any
modifications to the building located on the Leased Premises.
8. ALTERATIONS/MODIFICATIONS. iLessee shall not make,
'or suffer to be made, any alterations to the Leased Premises that
'affect the exterior or interior of the Leased Premises of any
'1 structural, mechanical or electrical component of the facility
and appurtenances without the prior written consent of City which
'shall not be unreasonably wi thheld. Said al tera t ions or
modifications shall include, but not be limited to: landscaping,
signs, parking, structural additions and antennas of any type.
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9. LESSEE'S RESPONSIBILITY TO PROTECT LESSOR FROM
MECHANIC'S LIENS. Lessee agl'ees: (1) to pay fOl: all labol: and
sel:vices pel:fol:med fOl:, and fOl: all matel:ials used by and
furnished to, Lessee or any contractor employed by Lessee with
respect to the pl'emises, whethel' or not such labor, service, Ol:
materials were related to trade fixtures or other works of
improvemen t; (2) to indemnify and hold Lessor and the premises
harmless and free from liabilities, liens, claims, encumbrances,
and judgments created or suffered by' reason thereof. In the
event that any claim of 1 ien be filed against the premises, or
any action affecting the title to such property be commenced,
Lessee shall fOl:thwith give the Lessor written notice thereof.
Nothing herein shall prevent Lessee from contesting in good faith
the validity of any lien, claim, encumbrance, or judgment,
provided, in the case of mechanics' or material men's liens,
Lessee obtains and records appl'opriate bonds as provided by law
to remove the recorded liens created thereby.
10. MAINTENANCE OF PREMISES.
(
A. Lessee agrees to assume full and complete
responsibility to maintain the Leased Premises in first class
'condition. Responsibility to maintain in first class condition
shall include, but not be limited to the fixtures and their
replacements specified in attached Exhibit "C"; the maintenance
of all air conditioning units, including the necessary
replacement thereof; and the maintenance of all drainage, waste
and vent pipes inside of the building. Lessee shall promptly and
diligently repair, restore, alter, add to, remove, and replace,
as required, all fixtures, improvements and landscaping of Leased
Premises. Any repair, restoration, alteration, addition,
removal, maintenance, replacement and other act of compliance
under this section (hereafter collectively referred to as
"Restoration") shall be completed by Lessee whether or not funds
are available from insurance proceeds. The Restoration shall
repair or restore to the condition existing immediately prior to
the date of the damage or destruction.
B. First Class Condition Defined.
l~"Condi tion and repair", means Restoration which is
~ keep the Leased premises, including landscaping,
~mprovements,in efficient and attra~tive condition~
11. INSURANCE. During the term of this lease or any
extension thereof, Lessee shall obtain liability, fire and
worker's compensation insurance coverages from responsible and
solvent corporations authorized to issue such policies in
California with a financial rating of at least a B+ XIII status
as rated in the most recent edition of Best's Insurance Reports.
Not more frequently than every 3 years, if, in the opinion
"First class
necessary to
fixtures and
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of Lessor, the amount of public liability, property damage,
products liability or liquor liability coverages at that time
appears inadequate, then Lessee shall increase the insurance
coverage as required by Lessor. Provided however, if Lessee, for
whatever reason, disagrees with Lessor's increased insurance
coverage requirements, then the parties shall each appoint a
representative to a three member panel which shall determine the
adequacy of the coverage. The third member of the panel shall be
chosen by the representatives appointed by the parties. In the
event the two representatives are unable to agree on a third
member wi thin th irty (30) days, the Lessor may appoint the th ird
member. The decision of the three member panel as to the
adequacy of the insurance shall be binding on the parties.
A. Liability Coverage. Liability coverage shall be
provided that protects the parties to this lease against loss or
liability by law for injury to or death of any person or damage
to property arising from the use of the Leased Premises in the
following amounts:
(
At least THO HUNDRED FIFTY THOUSAND DOLLARS ($250,000)
property damage; ONE MILLION DOLLARS ($1,000,000) for
injury or death to anyone person in anyone accident;
and a single limit liability policy of FIVE MILLION
DOLLARS ($5,000,000) per occurrence. Such policy shall
include "products" liability and liquor liability
coverage.
B. Fire and extended covel'age, in a form at least as
broad as the standard insurance services office special extended
coverage endorsement, covering all improvements or additions made
by Lessee on the demised premises, such insurance to be in an
amount equal to ninety percent (90%) of replacement value of all
such improvements wi th the policy or policies containing a loss
payable endorsement(s) in favor of the parties hereto as their
respective interests may appear. "Full replacement value" shall
be determined by Lessor at the time said improvements are
initially insured and shall be redetermined annually thereafter
throughout the term of this Lease. Said redeterminations of full
replacement value shall be based upon the annual percentage
increase, if any, in the Consumer Pr ice Index as specif ied in
Section 5. In the event such index is not then in existence, the
adjustment shall be made on the basis of such other comparable,
generally accepted index as may then be available, the selection
of which is mutually acceptable to Lessor and Lessee. I t shall
be Lessor's responsibility to obtain said redeterminations.
Lessee shall be promptly notified of the results of said
redetermination and Lessee shall immediately thereafter adjust
the amount of the insurance coverage to correspond with each
redetermination of full replacement value. Said policy or
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policies shall be procured, filed with the Lessor and approved by
the Lessor and shall provide therein that the same shall not be
sub ject to cancella tion except after deli very of wr i tten not ice
by registered mail to the City Attorney of the City of Chula
vista at least thirty (30) days priOl- to the effective date of
any such cancellation. A certificate or certificates evidencing
the issuance of such policy or policies, showing the inclusive
dates of coverage, bearing an original signature(s) of an
authorized representative of the respective carrier or carriers
and containing thereon the above thirty day notice provision,
shall be filed with the Clerk of the City Council.
C. Worker's compensation. Lessee
policy of Worker's Compensation Insurance
employees and shall prov ide Soc ial Secur i ty
employees.
shall maintain a
to cover Lessee's
coverage for such
D. Insurance Certificates Filed with City Clerk.
Lessee shall file the above named policies or certificates
thereof with the City Clerk of the City of Chula Vista. The Risk
Manager may, at any time, require Lessee to replace any such
policy or certificate with another policy or certificate. All
policies shall list the City of Chula Vista as an additional
insured and all policies shall provide for thirty (30) days
notice in writing to the Lessor in advance of cancellation, lapse
or reduction in coverage.
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E.
self-insured
obligated to
Lessee Self-Insurance. Lessee represents that it
for vandalism and malicious mischief and shall
pay all costs associated with necessary repairs.
is
be
12. Hold' Harmless. Lessee shall hold the Lessor
harmless from all damages arising out of any damage or liability
of any kind for any injury to or death of persons, or for any
damage to property occurring in, on or about the Leased Premises
except that Lessee shall not be liable for any damage, liability,
injury or death occasioned by the active negligence or wilful act
of Lessor or its designated agents, servants, or employees,
unless covered by insurance Lessee is required to provide.
Lessee's obligations under this section to indemnify and hold
Lessor harmless shall be limited to the sum that exceeds the
amount of insurance proceeds, if any, received by Lessor.
13. Mutual Waiver of Subrogation Rights. Lessor and
Lessee hereby waive any rights each may have against the other on
account of any loss or damage occasioned to Lessor or Lessee, as
the case may be, to their respective property, the Leased
premises, its contents arising from or connected to any risk
insured against under any insurance policies carried by the
parties and in force at the time of any such loss or damage; and
(
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the parties each, on behalf of their respective insurance
companies insuring the property of either Lessor or Lessee
against any such loss, waive any right of subrogation that either
may have against the other, as the case may be. Each party shall
cause each insurance policy obtained by it to provide that the
insurance company waives all rights of recovery by way of
subrogation against either party in connection with any damage
covered by any policy.
14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS.
A. If, during the term of the Lease, Lessee's
improvements on the demised premises are partially or totally
destroyed from a risk covered by the insurance described in
Section 11 herein, Lessee shall restore the premises to
substantially the same condition as they were in immediately
before des truction; prov ided, hOWeVel", that Lessee shall not be
required to expend for such restoration an amount greater, than
the insurance proceeds it recovers as a result of such partial or
total destruction. Lessee shall be responsible for the rental
payment during any period when business is interrupted.
(
B. Lessee shall be obligated and responsible for the
repair and reconstruction of the Leased Premises. Said
obligation shall include, but not be limited to destruction of
the premises due to flood, earthquake or other calamities.
Lessee expressly assumes the risk of "Acts of God". Lessee
waives the provisions of Civil Code S1932(2) and civil Code
S1933(4) with respect to any destruction of the Leased Premises.
15. UTILITIES. Lessee shall pay before delinquency all
charges for water, gas, heat, electricity, power, telephone
service and all other services of utilities used in, or upon the
Leased Premises by Lessee during the terms of this lease
agreement.
16. ENTRY AND INSPECTION. Lessee
Lessor, its agents and/or employees to enter
Leased Premises at all reasonable times.
shall permit
into and upon
the
the
17. ASSIGNMENT/SUBLEASES. Lessee shall not assign or
sublease this lease agreement or any interest therein, or any
right or privilege appurtenant thereto, without obtaining the
written consent of the Lessor. If Lessee obtains Lessor's
consent, Lessee shall have the right to assign or sublet its
interest in this Lease, but Lessee shall not be released from
liability.
18. LIQUOR LICENSE.
liquor license at all times.
Lessee shall maintain a valid
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19. ATTORNEY FEES. If at any time after the
commencement of this Lease, either Lessor or Lessee institutes
any action or proceeding against the other relating to the
provisions of this Lease, or any default hereunder, the
nonprevailing party in such action or proceeding shall reimburse
the prevailing party for the reasonable expenses ot attorney fees
and all costs and disbursements incurred therein by the
prevailing party including, without limitation, any such fees,
costs or disbursements incurred on any appeal from such action or
proceeding. Subject to the provisions of local law, the
prevailing party shall recover all such fees, costs or
disbursements as costs taxable by the court or arbiter in the
action or proceeding itself without the necessity for a
cross-action by the prevailing party.
(
20. SURRENDER OF PREMISES; HOLDING OVER. Upon the date
of termination of the term of this Lease, Lessee shall surrender
to Lessor the Leased Premises and all of Lessee's improvements
and alterations in good condition (except for ordinary wear and
tear occurring after the last necessary maintenance made by
Lessee). Lessee may remove fixtures owned by Lessee pursuant to
Sec. 3. If Lessee fails to surrender the Leased Premises to
Lessor on the termination date of this Lease, Lessee shall hold
Lessor harmless from all damages resulting from Lessee's failure
to surrender the Leased Premises, including, without limitation,
claims made by a succeeding tenant resulting from Lessee's
failure to surrender the Leased Premises. If Lessee, with
LeSSOl"' s consent, remains in possession of the Leased Premises
after expiration or termination of the Lease term, such
possession by Lessee shall be deemed to be a month-to-month
tenancy terminable on 30 days notice given at any time by either
party. All provisions of this Lease, except those relating to
Lease term and options to extend shall apply.
21. TERMINATION
A. Lessor shall have the right to terminate this Lease
Agreement in its entirety and all rights ensuring therefrom upon
thirty (30) days written notice if anyone or more of the
fOllowing events shall occur:
(1) Lessee shall fail to pay the
required under this Lease within thirty
receipt of written notice from Lessor
non-payment of such rental payments;
rental payments
(30) days after
regarding the
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(2) Lessee shall permit to continue for a period of
fourteen (14) days after wr i tten notice from Lessor to
correct, the existence of unsanitary conditions or
practices, disrepair of buildings, structures, equipment
or facilities, unsafe and hazardous practices, or
untidy and unsightly condition in, on or about the
demised premises; provided, however, that if Lessee
shall forthwith upon receipt of said notice proceed to
correct the condition complained of, then Lessee shall
have a reasonable time in which to correct should the
nature of the work be such as to require more than five
(5) days;
(3) Lessee shall fail to keep, perform or observe each
and every other promise, covenant, condition and
agreement set forth in this Lease Agreement on its part
to be kept, performed or observed within fifteen (15)
days after receipt of written notice of default
thereunder from Lessor except where fulfillment of
Lessee's obligation requires activity over a period of
time and Lessee shall have commenced to perform whatever
may have been required for fulfillment within seven (7)
days after receipt of such notice and continues such
performance without interruption except for causes
beyond its control;
(
(4) In the event Lessee files for bankruptcy; ass igns
to any creditor or has a lien placed on any right or
property hereunder and such lien is not removed in 90
days; fails to provide the Statement of Gross Sales or
if said statement understates gross sales by 6%.
(5) Lessee shall voluntarily abandon, desert, vacate or
discontinue its operation of the business herein
authorized in this Lease Agreement;
(6) Permanent loss of liquor license shall be cause for
termination. Two or more suspensions and/or fines by
the Alcoholic Beverage Control Commission within any 12
month period shall be deemed a "permanent loss of liquor
license" .
B. Notwithstanding the above, Lessor: has the right to
terminate this Lease, upon the giving of six (6) months notice in
writing to Lessee, if the Chula Vista City Council adopts any
ordinance finding that substantially all of the demised premises
are required for pur:poses of constructing public str:eets or:
drainage facilities for the' Sweetwater River Flood Plain
consistent with any flood plan adopted for the Sweetwater: River
Flood Plan.
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C. Nothing in this Section 21 shall require Lessee to
observe or conform to any governmen tal au thor i ty 's requ i cements
or to pay any tax, lien, claim, charge or demand so long as the
validity or enforceability thereof shall be contested in good
fai th to the extent appropr iate unless in Lessor's jUdgment the
performance of Lessee's obligations are being materially and
adversely affected.
D. No acceptance by Lessor of rentals, in whole 01" in
part, for any per iod or per iods after a defaul t of any of the
terms, covenants and conditions to be performed, kept or observed
by Lessee, other than a default in the payment rentals as set
forth in Section 21 hereof, shall be deemed a waiver of any right
on the part of Lessor to terminate this Lease Agreement on
account of such default.
E. No waiver by Lessor of any default on the part of
Lessee in the pe1"formance of any of the terms, covenants, or
conditions hereof to be performed, kept or observed by Lessee
shall be or be construed to be a waiver by Lessor of any other or
subsequent default in performance of any of such terms, covenants
and conditions.
(
F. No act by Lessor other than giving notice to Lessee
shall terminate this Lease. Acts of maintenance, efforts to
relet the premises, or the appointment of a receiver on Lessor's
initiative to protect Lessor's interest under this Lease shall
not constitute a termination of Lessee's right to possession. On
termination, Lessor has the right to recover from Lessee:
1. The wor th, at the time of the
rent that had been earned at the time of
Lease;
award, of the unpaid
termination of this
2. The wor th, at the time of the award, of the amoun t
by which the unpaid rent for the balance of the term after the
time of award exceeds the amount of the loss of rent that Lessee
proves could have been reasonably avoided; and
3. Any other
compensate Lessor for
Lessee's default.
amount, and court costs, necessary
all detriment proximately caused
to
by
The worth, at the time of the award, "as used in 1 and 2
of this paragraph, is to be computed by allowing interest at the
maximum rate an individual is permitted by law to charge. "The
worth, at the time of the award,' as referred to in 3 of this
paragraph, is to be computed by discounting the amount at the
discount rate of the Federal Reserve Bank of San Francisco at the
time of the award, plus 1%.
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G. In the event Lessee is prevented from occupying or
using the demised premises, or is prevented from conducting or
operating its business on said premises by final action, order or
ruling of any governmental authority, federal, state or
municipal, then Lessee may, at its option, cancel this Lease by
wr i t ten not i ce to Lessor, and sai d Lease shall be and become
cancelled and terminated thirty (30) days after the receipt by
Lessor of such notice.
22. LESSOR'S RIGHT OF RE-ENTRY. Lessor shall, as an
addi tional remedy, upon the g i v ing of wri tten notice of
termination as provided in Section 21 hereof, have the right to
re-enter the demised premises and every party thereof on the
effective date of termination without further notice of any kind,
and may regain and resume possession either with or without the
institution of summary or legal proceedings or otherwise. Such
re-entry or regaining or resumption of possession, however, shall
not in any manner affect, alter, or diminish any of the
Obligations of Lessee under this Lease and Agreement, and shall
in no event constitute an acceptance or surrender.
(
23. WAIVER OF REDEMPTION AND DAMAGES. Lessee hereby
waives any and all rights of redemption granted by or under any
present or fu ture law, or statu te, ar i sing in the even t Lessor
obtains or retains possession of the demised premises in any
lawful manner. Lessee further agrees that in the event the
manner or method employed by Lessor in re-entering or regaining
possession of the demised premises gives rise to a cause of
action in Lessee in forceable entry and detainer under the laws
of the State of California, then the total amount of damages to
which Lessee shall be entitled to in any such action shall be the
sum of $1.00 and Lessee agrees that the provisions of this
Section 24 may be filed in any such action as its stipUlation
fixing the amount of damages to which it would be entitled
therein.
24. LESSOR'S RIGHT TO RELET. Lessor, upon termina tion
or cancellation pursuant to Section 21 hereof, or upon re-entry,
regaining or resumption of possession pursuant to Section 22
hereof, may occupy the demised premises or may lease the same to
others, and shall have the right to permit any person, firm or
corporation to enter upon the demised premises and use the same.
Such leasing to or occupation by others may be only a part of the
demised premises, or the whole thereof together with other
space, and for a period of time the same as or different from the
balance of the term hereunder remaining, and on terms and
conditions the same as or different from those set forth in this
Lease Agreement. Lessor shall also, upon termination or
cancellation pursuant to Section 21, or upon its re-entry,
(
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regaining or resumption of possession pursuant to Section 22,
have the right to repair or to make such structural or other
changes in the demised premises as are necessary in its jUdgment
to maintain the suitability thereof for uses and purposes similar
to those granted under this Lease Agreement. In the event either
of any leasing to others! or, any actual use and occupancy by
Lessor, except as specIf1ed In subparagraph B of Section 21
, ,
there shall be charged to the account of Lessee all expenses,
costs and disbursements incurred or paid by Lessor in connection
therewith. No such leasing to others shall be or be construed to
be an acceptance of surrender. If Lessor elects to relet the
premises as provided in this paragraph, rent that Lessor receives
from reletting shall be applied to the payment of:
First, any indebtedness from Lessee to Lessor other than
rent due from Lessee;
Second, all costs, inCluding for maintenance, incurred
by Lessor in reletting;
(
Third, rent due and unpaid under this Lease. After
deducting the payments refen'ed to in this paragraph, any sum
remaining from the rent Lessor receives from reletting shall be
held by Lessor and applied in payment of future rent as rent
becomes due under this Lease. In no event shall Lessee be
entitled to any excess rent received by Lessor. If, on the date
rent is due under this Lease, the rent received from the
reletting is less than the rent due on that date, Lessee shall
pay to Lessor, in addition to the remaining rent due, all costs,
including for maintenance, Lessor incurred in reletting that
remain afteL' applying the rent received from the reletting as
provided in this paragraph.
25. LESSOR'S RIGHTS NON-EXCLUSIVE. Lessor's r igh ts to
terminate to Lease, re-enter, regain possession of and relet the
Leased Premises are not exclusive, but are cumulative in addition
to any remedies now or later allowed by law.
26. NONDISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM.
Lessee, in its operations at Chula Vista, for itself, its
personal representatives, successor in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree
as a covenant running wi th the land that: (1) no person on the
grounds of race, color or national origin shall be excluded from
participation, denied the benefits of or be otherwise subjected
to discrimination in the use of the facilities covered by this
Lease; (2) tha t in the cons truction of any improvements on, over
or under the premises authorized to be utilized herein and the
furniShing of services thereon, no person on the grounds of race,
color or national origin shall be excluded from participation in,
(
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denied the benefits of or otherwise be subjected' to
discrimination, and (3) that Lessee shall use said premises in
compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 2,
Nondiscrimination in Federally-Assisted Programs of the
department of Transportation-Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be
amended. Lessee agrees that Lessor has the right to take such
action against Lessee as the United Stated Government may direct
to enforce this covenant.
In addition, Lessee, during the term of this
agrees not to discriminate in its employment practices
any employee or applicant for employment because
employee's or applicant's race, religion, national
ancestry, sex, age or physical handicap.
Lease,
against
of the
origin,
27. RENTAL PAYMENT/NOTICE.
A. All rental payments specified in Section 5
shall be paid to the City of Chula Vista, Department of Finance,
276 Fourth Avenue, Chula Vista, California 92010, or to such
other addL'ess as the Ci ty may desi gnate by wr i t ten notice to
Lessee.
(
B. Any written notice required by this Lease or by
operation of law shall be sent to the following location unless
otherwise specified in writing:
City of Chula Vista
Department of Finance
276 Fourth Avenue
Chula Vista, California 92010
American Golf Corporation
641 North Sepulveda Blvd.
Los Angeles, California 90049
28. ENTIRE AGREEMENT. This Lease contains the entire
agreement between the parties hereto and said Lease shall not be
modified in any respect except by formal, written amendment.
IN WITNESS WHEREOF, the parties hereto have caused this
agL'eement to be executed the day and year first hereinabove set
forth.
LESSOR: THE CITY OF
CHULA VISTA
LESSEE: AMERICAN GOLF
CO~N
L'/ ~
David G. Price
Chairman of Board and
Chief Executive Officer
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/1ayor of(/'th Ci ty 0
Chula Vista
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EXHIBIT
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19.58.020 Accessory bUildings.
A. An accessory building may be erected detached from the principal building,
or, except when a stable, may be erected as an integral part of the
principal building or it may be attached thereto by a breezeway or similar
structure.
8. 'Any accessory building attached to the main building shall be made
structurally a part of the main building and shall comply in all respects
with the reqUirements of this title applicable to the main bUilding.
Unless attached, an accessory building in an R zone shall be at least six
feet from any dwelling existing or under construction on the same lot or
any adjacent lot. Except in the R-3-T zone, the fOllowing shall apply:
1. No building may occupy any portion of a required yard except that a
detached garage or carport, covered patio enclosed on not more than
two sides, or other accessory one-story buil di ng, may di sregard any
rear or side yard requirements if located in the rear thirty percent
of the lot, or back of the front seventy feet of the lot;
2. An accessory building or covered patio located seventy feet or less
from the front property line shall have the same side yard as that
required for the main building, regardless of whether said accessory
building is detached from the main building;
3. A covered patio, detached garage or carport, or other accessory
one-story buil ding may cover an area not to exceed thirty percent
except as allowed for park i ng structures in multi p1 e- fami 1y zones
(See Section 19.28.100), of the area of any required rear yard, except
that no accessory building in a rear yard shall be required to have
less than four hundred square feet.
4. A covered patio or detached accessory building located in the rear
thirty percent of the lot, or back of the front seventy feet of the
lot, shall be located either on a property line or not less than
three feet from such line.
C. All accessory buil dings shall be cons i dered in the ca1 cul ati on of lot
coverage; garden shelters, greenhouses, storage shelters and covered
patios shall be permitted as accessory buildings, provided that these uses
are not equipped for use as living quarters.
(Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~
33.901(8)(1); Ord. 2124 ~ VII.}
19.58.024 Adult-oriented recreation businesses.
A. The following described businesses are deemed to be adult-oriented
recreation businesses, and shall only be permitted in the C-T zone:
1. Adult bookstores; ,
2. Adult motion picture theaters;
3. Adult mini-motion picture theaters;
4. Cabarets;
5. Coin-operated adult entertainment facilities;
6. Massage parlors;
7. 80dy painting studios;
8. Dance hall s;
9. Model studios;
10. Sexual encounter studios and rap parlors;
11. Narcotic or drug paraphernalia shop.
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B. Location Requirements. An adult-oriented recreation business shall only
be located in the C-T zone, and no such business shall be located within
five hundred feet of residentially zoned territory, which is located upon
the same street or streets, or is within five hundred feet of
res i denti ally zoned or res i denti ally used properti es as measured along
street right-of-ways from the proposed location to the boundary line of
said residentially zoned or used properties, or is located within five
hundred feet measured radially of any buil ding site containing a school,
park, church or playground. Furthermore, no adult-oriented recreation
business shall be located within one thousand feet of another
adult-oriented recreation business.
C. Specific Standards-View of Interior from Public Way. All building
openings, entries and windows from adult entertainment establishments
shall be located, covered or screened in such a manner as to prevent a
view into the interior from any public or semipublic area, including
public sidewalks, streets, arcades, hallways or passageways, of any
material which has as its primary or dominant theme matter depicting,
illustrating, describing or relating to specified sexual activities or
specified anatomical areas, or of drug paraphernalia, as defined in this
code. Further, such businesses may not have signs, graphics, or window
displays which in any way present, depict, illustrate or describe any such
materi a 1.
(Ord. 1954 !i 1 (part), 1981: Ord. 1855 !i 1, 1979.)
,-
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19.58.030 Agricultural processing plants.
Agricultural processing plants in an A zone, which process agricultural,
products produced on the premi ses or wi thi n a conti guous agri cu1 tura1 area,
shall be so located as to provide convenient trucking access with a minimum of
interference to normal traffic and shall provide parking and loading spaces.
Proponent shall show that adequate measures shall be taken to control odor,
dust, noise and waste disposal so as not to constitute a nuisance, and shall
show that the proposed source of water will not deprive others of normal
supply. (Ord. 1356 !i 1 (part), 1971: Ord. 1212 !i 1 (part), 1969: prior code
!i 33.9'01(B)(2).) _
(
(
19.58.040 Amusement and entertainment facilities.
Amusement and entertainment facilities such as bowling alleys, danceha11s,
amusement parks and other similar recreational faci1 ities shall be subject to
the foll owi ng development standa rds:
A. All structures shall maintain a minimum setback of twenty feet from any
residential zone;
B. Ingress and egress from the site shall be designed so as to minimize
traffic congestion and hazards;
C. Adequate control s or measures shall be taken to prevent offensive noise
and vibration from any indoor or outdoor activity onto adjacent properties
or uses;
D. Amusement arcades or centers shall also be subject to the following:
1. Game play (except mechanical rides) by minors is prohibited during
normal school hours seven-thirty a.m. and three p.m.* and between the
hours of ten p.m. and six a.m. prior to a school day, except when
accompanied by an adult twenty-one years of age or older;
898
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COUNCIL AGENDA STATEMENT
Item
~1
Meeting Date
7/A/AF.
ITEM TITLE
a) Resolution I,(~r~- Approving a Restaurant Lease Agreement
between the City of Chula Vista and American Golf Corporation
and authorizing the Mayor to executive same on behalf of the
City
b) Resolution - Approving Amendment No. 1 of the Lease
between the City of Chula Vista and American Golf Corporation
for the operation of a public golf course and driving range,
and authorizing the Mayor to execute same in behalf of the
City
SUBMITTED BY Assistant City Manage~
REVIEWED BY City Manager ~ 4/5 Vote: Yes No
On June 10, 1986, the subject agreements were submitted to the City Council
for consideration but were referred back to the staff and a council
sub-committee in order to address some concerns/issues contained in the
original agreements. A city Council sub-committee consisting of Councilmen
Malcolm and Campbell met with American Golf Corporation officials and staff,
and addressed those issues that were raised.
x
(
RECOMMENDATION
Adopt resolutions approving the lease agreements and authorizing the Mayor to
execute same in behalf of the City.
BOARDS/COMflISSIONS RECOMMENDATION: N.A.
DISCUSSION
The concerns/issues raised by the City Council at the June 10, 1986 meeting
essentially involved five sections of the lease agreements:
"
1. Terms of the lease
2. Application of CPI provisions
3. Maintenance of facilities language
4. Mechanism for insurance coverage increases
5. Insurance coverage in general.
t
~ease Terms - The revised golf course and restaurant leases ,each provide for
"'maximum terms of 30 years from July 1, 1986. ....Inasmuch as the original golf
course lease was extended from a 20 year agreement to 30 years as part of the
negotiating process for the restaurant lease, ~he amended golf course document
t~ontains a provision (Section 3C) that would revert the golf course lease back
to a 20 year term if American Golf terminates their restaurant lease anytime
"
during its 30 year term.
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Meeting Date' "7/.3/86
CPI - Section 5 B (1) and (2) of the restaurant lease has been revised to
delete the term 'decrease', thereby not allowing for a potential reduction in
rents if by chance the cpr should shOW' an overall decrease. Additionally,
this r.cction ha!"; been revispd to limit Cl'I increases to an average of 6% per
year over the 3 year incremental periods that minimum rent adjustments will be
made under the terms of the agreement.
Maintenance of Premises - Section 10 of the revised agreement has incorporated
more specific language relating to the maintenance of the premises during the
term of the lease. The language inserted is similar to that currently being
used in OWner participation agreements used by the Redevelopment Agency.
Insurance Coverage Increases - Section 11 of the revised agreement still
provides for the Lessor and Lessee to each appoint a representative to a three
member panel if the City and American Golf disagree as to the need for and the
amount of increased insurance coverage. In the event the two members
appointed cannot agree upon a third within 30 days, the revised lease provides
that the City would appoint the third member.
Liability Coverage - Section 11 A of the revised agreement clearly provides
that the Lessee shall initially provide insurance of at least $250,000
property damage, $1,000,000 for injury or death to anyone person in anyone
accident, and a single limit liability policy of $5,000,000 per occurrence,
with that $5,000,000 limit applicable to products and liquor liability
coverage. Previously, the agreement seemed to provide only $1,000,000
coverage as it pertained to products and liquor liability.
(
American Golf Corporation officials have agreed to all the prOVls~ons of the
revised lease agreements and, from staff's perspective, the agreements are now
ready for approval by the City Council.
FINANCIAL IMPACT
During the first year of the agreement, what the City would receive would be a
minimum of $74,000 under the terms of the golf course lease, and approximately
$48,000 from the restaurant lease.
ERA:mab
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the City Council of
Chula Vista. California
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AMERICAN GOLF
EXHIBIT "e"
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AMERICA.'! (;OLf
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EXHI131T "0"
~ist of Eguipm~nt ~~ase~
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ECOLAB INC.
ECO-TEMP 2
WAREWASHING SERVICES AGREEMENT
Till: N;rlll ~,H I-II I~ IIC'I".'I'V ""t"ll'd ;"1,, "'-I",,..,,,, 1',-"j"l, In. ,il"''';'':1IIO)' "'h",,...1! I" ;,<; \11(' ~\""I',lI1Y
/.475 I!cmitnpond_
'\I1H'I-fc;lfl (,'ull (('lpnl 111,"1/' "1111, I1roy t;"lt Club
(Nflma)
_ {l.onJt:1, C^ 92002
~"d
(Address)
("CI"*'fn(Jf')"
soil'! proprie1orship,
p;JllneIShip,
c:orpOl<ltion (cl1eck one).
^ r'lulpm..nl
fhe <HlIllpm"1111o hr> providmj hy 1110 COll\pi'my is ns lollows
Singl" n<ld Mflcllin" II S1raight
I i Corner
M'IkA
1I0Dnrt
flrlllhlr> f1;ld Machiop.: i J DIllEn r I
Mod!'!]
r:'1'-/(I)
II". ["Inp;"',' sh,,1I s....'vicn Ih" :.hove "quipr"","l fl"d consull with Cu<;lof1wr ;:IS In it" p!fier('n! :lnd ....11<)cl;vo ope"1Ii"" In ~f'rv(' Cllslomprs
di""w,,,'hin'l rlPcd." Ih... (;n,ltpaOlY <lIs!) "QIC{'" 10 s,'11 10 C"~I(l"'''' df't"'fjf'nl. s;",itilm ;lnd lillsf! ;ldditivl's lisll'd llf>low (ll' 111('i,
'_'quiv"I",,1 ~(lld lI"oLJQh 11m Comp;"'y's nutholiu'(j di~T,il"'I(lls) for US!'! in sOlid f'qllipflll'nt ;lnd <;LJch 0l11l'r 5uDDh,,111ent~1 prndUCI<; !rOlll nu.
C"mp,1n'{s Iw,li\ulionnllinn;'ls CuslorllN lllilY dpsi,!' to [lIIrchaso lrOflllho Cornpilny (nplergf'nl- Eco-Tf'fllP SUf'm Of't€',w'nT: S""ilFll!r
fen 1"ITlp ~~;lllililf'l: ninsl' Additivo fco-Tnmp F? Pry)
R PllY1T,,~n's
fhn C"slornnr 811all mako Ihe following paymenls
;I) All initial ';f'(~\"ily df'pno;il 01
Waived
\Nhf"fl<lpplicablo, s"If's-lrnol
Dr>llvelY ron
11) I'",imlic ,-1""110<; As f(lllnw~
1) CW""I""! '1(jI"f'S 10 fl<1Y;\ h:lsn r"lfl for smvi""\q II'HI!', Il1is Agrr>('!l1('lll pi $ Yl) .YJ for ol1ch nlO"tt,\y se.viCE'
I','.iod (dll'" nod pnyalJlo in advance)
7) Cus\otr\flr al<;o "9101'15 10 purchase each monlh sl,iprnnnt lolalllng il mil\irnUrrl ot $ _nJ! /;\ of Insl,tUlion;l1
roo(js"rvico Chemical rllxlucls from the Compnny ("Monthly Minimum") fOf use in said oquipment or ollherwise (rllle and
p'lynhln upon receipl of invoice.)
N/^
In~lallillinn FF'€!
NfA
C. '..rm
TIr" 1"11" 01 111 is Aq'l'flrnenl shili! b". [1 VI' yn1lls_ The If''''l sl1;\1I C'Hltill\lrl horn yom 10 yn,,, Ibmo;.I!!)r Eilt"". P,1<ly milY
1"I,"i"rlln Ihi~ Aqrf'nnlf'nt "III'n nnd oj the initiill I<"m m on 1Jl(' annivrllslHy of s"ch dlltA 1I1l11nilf\nr hy giving lhe o(h", pnlty;"lt I<,asl
~i.!y ir;(J} d.1\'~ f>,jor nOliCrl in wrilin(l
II", lir~,1 ~nlv;c" pn,;"'l will CO"HllrlnCO nO lill,." Ih;111 1110 10111 drlY followinq shifln'nn! ot flquiprT\''ll1
[} '--oCHUnn
II,n 1"1,.ip"1<'r'! 511<111 he loc.11e<1 on Iho lollowing promislls
Snrre ns ,llbovc_.
H.11ll0 and IOCfltion of Cuslomer's insUlor covnril\g tho f'quipmonl'
f!lr lEnMS ON THIS P^GE AND ON THE AEVEnSF SIPI': CotHAIN THE rULL AClnEEMEtlT OF TilE PARTIES THiS AGnEE-
MFr'll SHALL NOT (lE MODIFIED EXCEPT BY A WnlTING SIGNEO BY R01H PARTIES
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(:,.r,I<Jrnnr
~;outli_Bay'_Golt cluh
Il/i"J j:~on!l:1l H08_d
I:cnj'lhlrrc
F:""I;\I, Cf"lh'r, SI f'nul MN ~,~,I\)?
Addr!'';S
(61?) ?'<:I ??33
:1C1111!;1 J ell. 935)Olc
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f'llnllf'
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This flqlf'fJment shal! nol he binding uponlhe COrllp"rry unless
and unlil it Is C(1\Jnlf>rsigned bE'low hy il pn,pcr nUrei,11 illll'E!
Comfl.'l"y'<; 01tli~r in S1. P"~"1~/111,
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f111i/<)(;',(Jl',r;
iL"ll,-11 II, I lJlll1
trl". II ikr' CR t-rV, Milllilg('l
";"111 II nilY Co 1 r cluh
l,i'l,) lion i l;j HO,ld
I""llila, c.llif()rlli,l [J20()2
I), .1r Hr. enrp)':
'>inn I In tll.'lnk YOI1 Inl your d,',ir.io[J to joill l'~c()li1b's [;'Imi!y of
;11 j<;fjrc! Cllslollll'r';.
'/(' r \'"'''' "I 11'; :11 Fe 0] ,'"] h, Ill' I" {' V(' r ;l'~;1 T'r' p f nil r (" ("1H1l i r 111(' Il t I' (1
"III (",<;1 ,,,,,,'1 :1,,<1 ,Ill)" ('olllllli 111"'111 I () "\(('{' I I CTlI',' ,\'"' 1';11'1 of I h,'lt
1'1'1111,.,11""-'111 In "'(,,,-]1"11'."(', ;1111'<;""1"('("-: of "'ll' r:01"l'or.lli('Tljllll1
I (\j,'" hr.y f I "II' 0111 )''''.',(';II-r:11 ;ll,d di've] 01'111('111. gT-""l'. ""Tr S(' i l'1l1 i sts
"lld, "III f i..\ ,I '"'it 1 (',; <;uJlI"'rl ClI'I'.:lll i z,'ll i Oil , (l 1'. i Vf' Y<1\l ';111'(,1- ipr
1"!;II1I.S, "[[ccLivp COSI!; .1Ild, g'''ld !;crvic('
H,' I,,, \If' ~; II i I' I,,'d ;1 1101>-"1 I" I I':T./IO 1" \"1\1 r [,"1(" i Ii! v. J .1111 (' 11(' 1 (l s i Ilg
III" '''111 r,lc1 nlld Ill:(; I [PI" \,(11) ':igllntlln', .1S 1~('I) ns, !l 1'('1'11'11
cllv,'I"]1" 10) Y"'11 11,<;('. \~(>l,ld npl'r,,'ci.11c )-'nur signi.ng ."11111
Ir'lHlllillg I,hpsr d(l{"llIIII'IlI.S .11 VOllr r',"1rl i('.';! 1'(111VCni"llcr.
I,,,,,I( iilT'. f()n~;lrd "0 sprvill,', Y('III" IH'rcls for rnnTl)' Yl'ill"S I" CCHltP.
':ill('('I'"ly,
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I') Jill '( ,~ Hi)!i i 1,:1 r,'r)
Boni t" , I :^ 'ji' '1;'-'
AUIOMATIC ICE MAKERS
1257 RROADWAY
EL CAJON, CA. 92021
4<1(l(->lO"
<:;!If'JH I:
Ice IIlaellille '11J(,I.III,Loll
11!\!L Novembet~ 2S, 19t
fOLD. ^LtentLo]II"li]\[,~
Oil Out' lea.se program, a C121 I"e-a-matl e (that we rate
as III in ice 111:>1;1:1":) W;I;I,,, I,Oli,llh rd.ol':l!;e I,ill would cosL you :la7".oo per'
monLh.
'l'hLs 1,,,. Llu]el: IILI I,:er'viee ~md parts; ieo delivered to you on br'eak-
down; and 7 day:: ;:] W':I:]; :::'" vi,c", and until 8:00pm at night.
On the ]"111'" 1,0 jllll'I,II:":(', Illlrr:llinc' ml!:,L he purchll.sed in Llw first ,sLx((,)
months.
One-h;lll' (Jf' )n;J;U' !1;lVlr1Pl-r!; ap!llir:i I,n pllf'eh::lsr---at3 YOl! l'Gceivpd 811
the lc:::l:"Je 1Jr-!nnf'i 1,;--; (111!'ill!,', l,tH' f'j 1':"-;1. (, lII(lnLl]:-~.
1 f' ll()l, ]llllTll.'l:":cd l\\, t:tH' ('lll1 pC
() months, I;hnn 11I;lf'llill" ,'.;I"lV:; on -lr':l:~(: ['or' LIH' Il;l-lan{'C' of LIH' J(, [l)onLhs. ^t:
Lho ond ,you lIl;lV !lllt'(:I):I::(' 11l:]('l1i1"!c' f'lJ!';!;(',(l(l.(){1 Cl!' ('xl.t'11d I,hc, ](':l!iP.
[[1}1l~ (111 t:-
right purcha::;e lq'icr~ (If' if~0 trl:lc1Ji_n(~ ;111<1 ri!;OJ';tg(; bin .is ;t-Ut~:JI.+.()U and ;/;}/r:o.n0 fOl
remoting condom"'I', which e"IIII':~ [." :1 total or' :1;/1',01111..00 plus s81es j;"X.
Thjs
includes install;{Lion, j(i cl'lYI3 1;11)(11', and 'L11 f'R(:i.ory warrantiol3.
'['hank
you, .----7 ~
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I ~ 1',\ r J () r' '(11 III -,
AVAlLAB1.E FROM BUSINESS ENVEtOf'!" MMl!JrACTunFns, INC OEEn rAnK, NY . ANAllfIM. CALIF
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II II AIJTUMATIl: Hill MAKlmS
[Ar]
LEASE AGREEMENT
SII' f s. srnv!(:r . f1FNTI\/ S - rllFHS
1251 BROADWAY. (I (:A.I(lI'J, I:A !l)I)) 1 . (71,1) ~'I() (;1(),!
FULL LEGAL N^~/lF AND ^t)[)H'~~S or IESSFr.
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\',i1i101Ili;l, thl~ ___ rld'l, Il("
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bel ween AutOfllCllic 1(:/' M;,kcr:;, 1''''IPill,ifln, p'f(!rrf'd to CIS' FSSOn <lnd
hrlpjtl~fter rrfplt,,!! I" ;1', I r r;'jll (";~"(' Ilf'II'hv ll';)';e~ ,lIld hilf''> fllllll 1111' 11",;1)1 IIl;]l 11'11;1111 IH'ISflll<l1 ptl1lWlly, h"lf,jllilf(,': mort'
palticlJl<1rly df'~Clilll'd, <;ulljr>r:1 II' Illl' li 1111';, 1\I"vi';illllc" ('llIHliIIOll', drill ,1IJI"I -'\1", of Ihi'. Ip,I"(' I1I,t(';n<lftl'l c,rt fotlh,
Thp prnsol1(l1 111\'I1f'1 I)' h"lel,,! I( ;l~",I, 11r'II'ill.illl'l 1..(1'11('\1 In ;1~ <'(]lliplll"111, 111'1 dllY dIIPli(',llr> P,ll I~, (>xtl;l~, Il1flC!1;1tliSlllS ,lilt! rJ!'vicr>S
rrdatinlj tl1t~f(~t() ()I 11',I'd III CI''lIIl'I'liI1l1 111I'1i""illl. IHI\N ,ltl;u:lwd to 111 d"II'."'II'd wilh 1I1I' dl'~iqll('d eqllijll1H'lll 01 that !1l;ly i1! .1IlY
time hell"!aftm hp n)i1;lirlf'd [I (Jill 111,' I,':C,I)! (\1 1)(' ;lddl'd 1111'11'1(1 IIY III \~.itll !Ill' C()ll~(,llt "I 11)(' 1 ('SSllt
OTY,
EOUII'MFN 1
M()flrl it
SEf1I^L -jJ
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Thl"! equipment !l~;ISI'{IIH~I('(lIlll"1 willllf~ IOI:;rlpd ;11.
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(S1r-;et-^drJfe~5) -.
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(Cn'lnt'y)
(SIal")
(Zip)
The Lessor ilql('f'S \l1;]t tile f'q!lipllll"lt Shilll IIO! he rf'lI1(Jvf'd from the ,1!H)V<'IlWlltiollCrl IOCillioll without first obtaining 1Ilf"! written
consent of the 1.f'<;<;IH.
The equipment is 1lf'If'hy IPJ~I'd 101 ;1 peliod of
i I
nIOtllll<;. I,) t:(HlHlH~I1f:(~ fll)ln tlH~ dAlp f'fjlliplllen! is illSlilllpd, which
,!1111;1Is pf'IITHlIlth. ^Illf'ilsf' paY'11l:!llts are dup Ihe filSt delY
thl; tl'11111 t1,lY of 1';11:11 Ill(llllll. [)pliIH!UPIlI lJill,ltlCPS .1ff' suhjl~ct tll 1 :1";, rTlClllthly
plolat(!d !torn 111(> d,ltf' of ill~lill!;rliOll of ('quipmf'l1t totl1f' first delv of tl1(' [ollow
Lessee hereby ptr)rni~I'~ to pay II'$SllI till' SIHll (lf1; "
of each month, <tIHI dlf' t:ollsi1l1'J(;1I dl'lillqllf'll! hy
service charge. Ill>' f Il~t IIHllltldy p;lyrT1pJll <;lldlllll'
ing month,
^ security deposit nj $ dull;l(<; is lu IH' p;lid upon Ihp Siql\illq of thi~ iHIIf~f'lllf'1l1. S('clIrity deposit to he rrdunded
to Lessee upon 1t~lllli'I,I!inll of IIIP I!';)sf', IHnvldf~d !h;lt tf~SSC(, s1I<111 h;rvl' flilly illHI fili!ldltlfy IH~lf(l!!11l'd illl thc tCITl1S, r:()I\(liti(lll<; <lnd
COVf'narlts C(Jtlf,lilwd ill dllrJ a P;lIt 01 tlu' I";ISI'.
The terms and cOfldllioll<; 'HI tll!' fr'llll ;Hld rl'VI'I';1' sirl(' (If 1his ilIJlI'f'llll'1111:!1IHplic,l~ 1111' ["'(Itill' I'onll;rcl ;rlff'ctiI1q 111f' h'ilSP (11 thl' ahovf'
dflscribed equipI111'11I, ;11111 IHl nth"l ;\1)1('1'1111'111 01 \ll1df'lst;mdillq of .-IIlY II;tlllll' CtllH:I'lllIIH! <;;111l!' l1a~ 11"I~tl 111'-l(lp or f'lllI'll'd illln or
will be Ip.coqni/I!rf.
The undersignf'd ;l!Jlf~!;~ 10 all till' tl'IITI~ ;]1](1 conditiolls c,pt 1111111 above ;lIlfl,Hl ll1f' If'Vf'I~1' sid{~ 1H'II?of, and ill wittlf'sS Ihf'rpol !wrl:!hy
execute this le<l~f?
LESSOR: LESSEE'
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By
^lITOM^TJ(' WI, ,L\l(r':IC~
Ii t II~
By:
By
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SEE nFVrW;[: slur ron !\[)DIIIONI\' TERMS I\ND CONDITIOf.JS WHICH ^f1E rAnT or THIS LEASE.
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03117/92
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'1J'213 OlB ~186
AMERICAN GOLF
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EXHIBIT "E"
M.!..s..~~9.!iLA..r:g:_Q(.>.mml.t.\i
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/Irl \". t' f. j '_~ j nl:f
j:i_""l'-::', Inl:. ( iflll (ii..Ce nl,~I(_'llit1e
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INVOICE JI 15'if>
9 1991
[J1)11 P. 11Ilft!1'"; If!1 I I 11'1 1.1 1:',\ IOJlrj
rr,!
lql/
BILI,lNG 1NVO Icr:
I
American (;olf club
4475 Bonita R()~~
Bonita,
CA 9190)
CUS'l'0I1F:R IHFufH11,TI.UI-1: '
Ini Li" I br.tl~;Jl Sv.IP0P or pot~l,:inq ?iref1S ill above locRtion
for il (~()st ur: ~;1(1). ~;el-vice to inc Itldp cut-bs & cornprs
lJonp 11/'3/9'1 / pf)wPt~vaClltlm sweep :l x ppr month for $50.
IncJlH](-'r..; cIl.-l)s i"llld (~OI.tH?rs. neqin 1)/1/91
. ,DNl'E..
DESCfI 11''l' I OIl
CHI\HGES.
.PI\YMENTS. .BALI\NCE.
- ----_._-_..~---_._-- - .- ._--- -----
-....----- _.------- -- ,---.'.-.-
09/n/91
09/30/91
BALMI,:E l'omll\l(1!
PAYMI':H'l' HJi:Ci': I VI-:\)- Th"111, You.
SCHElJ1JLED !;wr:li:p I NG SfmV1CE
100.00
50.00
100.00
50.0C
100.0C
50.00
~rv'C~VM~r(~<8f1d'
p " _I!';,? r.Pr:'d
flces VNified ,) ,0' ~1 ~.<(? '~~, '..... '-
,0
(
AUTHORIZE
)-~IIrlTl^lS Ngr SI~N^ TUllE
L ACCEf'TEO)
-.q
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DO YOU III\VE ^ QUESTION AI\O\l'l' YOUR SERVICE?
Pl,ji:^SE CIlECK HE'l'UHN COUPON lJEIJO\'l
1\ M^NN;EH WIT,!' CI\I,I, YOU
pl\YMENTS HECli:TVIW I\FTE]( 'l'IlE ~gtll WILl, BE CHElHTED IN TilE For,LOI'iJNG MONTH
Al I Wll1ll< 1'[lIlVlllllI f\V (lwr'JIIP)PFltA!(lll:;
invoice 1/ 15'16 9
1991.1\ [N;F rlEl\Jfll~ 11\IS r'()flllUf,J WI!III'^VMU,ll lO
I fI,;; f'()WUl CI f:Mmj(; ~;[~ltVI(TS, INt:
[' () !lUX r;:\f1nI1'l
:~MJ !Jlr:(~{) ('^ 'Vl'-,:\ TH^NKYOLl
Please Pay 1]'h18 l\mount
CV Golf Course
100.00
PLEASE III\VE ^ MI\N^GEP.
O'l'IIEI~ Cm1MEN'l'S
](EMEMBEP. NEW
Cl\.LL
ADLJHESS--P.O. BOX 530009
San Diego, Ca. 92153
;;W! r-!'li'-H ,/llllnnl;;1111r M()V^I/~"'11- AM c:\ r- ANINC.
nllll;311 ~,WU l'INc;/Wlr',JU()'vV WA;"llINC,
"rlrf'lflSfr./f'll'lillqr:orll/"ll1\'l/r'uwill"V'1( Il(>r>d'
I [\:
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--:--'-, ,---
DATE
S~,_) (II
WAFFLES OF CALIFORNIA, INC.
rlcqHf~SP1l1i!Hj
I',(), Jlnx 2918, F"l1erlo", \'A 926.J.H)918
Mailed Flour & flugged Waffle Bakers
Ow IS, Carbon Co,
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LN1,(
HI: 11"
SHIPPED TO
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CITY
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k~1 '1 16 pl:<;<'"
EQUIPMENT LOAN AGREEMENT
ALL tRONS PROPERTY or r,s, CAnnON CO, - EQUIPMENT NOT FOR RESALE
This equipment is IO:lnr<d by r S C;:lIh<1I1 Cu" Ill'i<~wilh k!l()Wfl as 1P.<;SOf to l1H'I lIndorsigned.
lJ~er and acknowlp-dges tocr:!!pl 1I11'IPof III good ((11111111011 ami nqreo5 Ill;:!.!
1. The title \0 and right of [1n<;<;('<;<;iOt1 01 till"' equipHWrll shnll al nlllirnes Ir>rni'lin with lessor,
8S it is flot contemplated hy lIw [l<lllies thai 1!o!'Tn is 10 br:l i1ny sale o! the smf1e, User will upon
demand redeliver the equiprTlr1l1t promptly 10 I ('<;';ur ;md lf1Ssor sl1,,1I have tho right to dWllge.
subs iiI ute other equinrm~l1! lor, !r>1l10Ve or IRkl" hnr;k Iho f'qllipfTWllt At Any time lor ,my rflAson
2. User shall not €llcurnhor Ilr I !)1ll0ve Ill" nq\JipTTl!)nl Iroll\ Ilis pl<1ce 01 business 01 deliver il
into the possossion 01 any otllr.r !'''(sol1 willlolJt tll\" writ1en r;o!].';pnt of Lnssor
3. lJSfH gliAl! kf!p.p Ow n'lIlipltlr!ll1 in good f"JIHli!iol1. otlm! !l1:1I1 rOil')(111nblo wonf nod !....ar. alld
if d<1ll1Clgnd, desrrnyod Of lost IIY fil", \llnfl or :lIlY olll"f ":l11'1(' WhillsOflvor sll<lll P<lY Lo.';snf III"
lull valup. thofflol
4. User shall use the eql1ipll1Plll111 hi<; own ,isk <lod nglees 10 hold Lossor free <lnd harmless flom .
and .'\\1ainst and indemily it frOIll :lIlY and nil li:lhility ill nny WOly mising out of <lny inj\JIY, damilgo
or aCCident resulting from HIP IJ<:I", nf/mntioll 01 condition 01 1110 oq\llpnmn1.
5 11 us<)r Illf}fldl!)'l IIIi<'; nqrr""1I<!1I1, 11'1(>1 ';11;111 p:IY I n~;';<J1 ;111 co<;t<; illClJlro,j in it<; ollfmcrmlPlIl,
including allorney's lees.
6. This document constiIIJI",; 111(> ('I1UIl"; :llJll";PlIlont ,mrf 110 promis0s of reprpsent<ltions lmvc
been made by either patly or tllrdr <lqpnl<; n""_'np! <lS h('l(!in 581 fortll No w<livms 01 rnodificRliom:
shall be valid unless wrillen upon or <l1tClchf'rI !l01e!o
7. The equipment shall be 11<:,,(j for 11m sol" plllpn.se 01 mal<ing or dispensing Lessor's Mailed
Waffles
8. The 1lI1dersigned h8VP If",d <1nd unrJ"lstcllld 1I1is <lqrePlrlOll\
g, User 8greos to P<lY "II (,,<I"f<ll, S18!(' "'Id lou'lltnYJ~<; i! :lpplir::Rbh~
e; It I
2ro7-77(J(J
Sl^lE
(~/f
ZIP CODE
nerlacernent ValuE'
Per Unil Tota!
4- 0 (}():6;] _-:1j~_7'~~06
~ ~(b
c:/' ",0 EQUIPMENT: NOT FOR nESALE
,<'" ~rz.,
vi I I Model: Serial:
/
nil Model: Serial:
I/~ Model: Serial:
II Model: Serial:
II Model: Serial:
II I] Model: Serial:
i I II Model: _ Serial:
Value Of Equipment:
The equipment is loaned by F .5. Carbon Co. to the undersighed and received by the undersigned in
consideration of the undersigned using Malted Waffle Flour for all waffles made in or dispensed from said
equipment and upon the terms and conditions stipulated above.
:-c-J..
( /l; II'
(J'.'nlfn~.; :;1<,:111111111'/-
"
,
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.
'Sl)(Y ~r! 1,1f!: ,)I',{ ilrd)'T1I,jl\Y
! (0u,"A/1" lid. u--Q<4~")q--
WArnES (IF CAI./eJ,,^ IlEPJlESFNfV1VE
()
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~h~\ YA ill <''0\ '.h 11111(("1', L!JliI:')Z-;~:i (1(,:<,\(~~Jr'i-;;:;--;{o~~'-'-'--
W ^FFLES OF ('^L1FORNI^, INC.
I',(), nnx 2'1IH, Fnllertnn, CA '1UdJ ,.\I'IIH
ReplfJsonlil1(j tllo F,S, CARBON CO, - Mullcd Flollr & Rn~~l,.1 Wnfl1c IrOIlS
Tckphollc (714) 7Jll-('121
FAX (714) 7Jll-01l4.'
<:)", '\ l \ ) 1\ '\ 't. 'J -'\
,L 10: '- (tV- ~".--"--'--- .__h ~."..!.,
DRESS: L/W7 :;;\::"{J.t0,:,~~_VJ)
TY: i1w, (, '''' \f'(Cih\- ST ^ I E: _CdL.. ZIP: ---- CITY: -----
~lE <;;, d' Cf; P.O'#__.'._..,--'----
.-. .._--~. - -- -- --- _.- - -.-
N~42270
SHIP TO:
ADDRESS:
STATE:
ZIP:
--------
----.,.--. -_.-----"
Descripl Ion Per Unit Tol a I
--'
I f [) PANCAKE & WAf r LE F I Oun (., [? , bU 'Zc) '5 ,'k;
, ..----.---.---------. -~.._. , , ---.----.----
I F. I ) CONE r l.OUn
-,-- ------- -----..---------------------------- , ---~~-_._---- ------
-----.--.----- ----'- , ------- ..-----.------- ,- ,- ------------~--
- _.__.~..__..------ --
-.-------------------.------.--------- .-- , --...------------ .-- -
--_._~--------- -----------.------- --~-- - ----.-------. ---
------_._--------~-----~----_._--- -------
, ,
. '
TElEPHONE: (.Jel 1) 1,(1:0- 7'?O()
Quantity
? 12 ----
_-.:L..- --'
B --
_.
-------
---.-
..---
------
:, '/. lh. M^\
---.-------------
fJ lb. M^t
----------
---.----------
.-----.-
, ../ 17) " 0 . ----------
~~:~~~~dF~~~:~'f tAlL-(b~-'l-':'i'--_jO JLf...=- Vra-B"Our Truck 0 UPS
, , .."./ , / I ..) (jr<!'-"~
RECEIVED BY --'-~- -,-- :<r--~----'---
ju" f-\"" \ ta.vJC1.C<; Remit !'ayment [0:
,Te,ms: Upon approval I 11 S CAimaN CO
of credll 'k . ' .
Nellhh1y dey. !,,(), nox 2'11H, Fullerton, CA 1}2633,(}'1IR
o Other
DATF ~ ,2,7/
@
) I:) <:---- c)
c_~ -^
.-"
tf~)
~iNii9 r--~--\\li\l'llli\~Ii\I\~\~:" "
""'.rtNJ\fIOr."\" I'rill \'~ fl\. !~'\'; \;,;\:-11'111\ II
~ \"""' .,.11
1 ... ,".". 1 "-
lERMITE and PEST CONIRUL
COMMEIlCIAl PEST CONTIlOl PRO OSAl
CO MPMH: ;;[tJl.I;1I dIll A~:~f4u/5I/JVr IELEPIIONE:.Jh'7~_Z;>t20
S I REEl ^UURESS:/;<JI;i:r-' ijf)N I/i? fJJ ell Y: !JON tliJ _ SIM E: '7 }Y.-nz27c-:-':'. ZIP: ___
BILLING ^DDRESS:
(II dlfferenl th.n .bov") .
I n--7) 1 '-I - 'I
CONJ^Cf N^ME:
I. TEn MINIX SEnVICE
Tettnlnix will pador III reqlllnr sfHvic13 COf tlie control uf:
~n()rlr;lifl~
* Ard:., nxc!\rdillq C<Ujlelltnr nlld Pliw;Ioh
r I SilvpdislJ
'011"'".
1>4) Micf~ . 'r" !:-
I I W""lIc ("p""iflcnlions & grnph nllnched)
I I Post f3iltls (specifications altacllod)
1101I",r
I I _-=-Sk.B!.~~ZI} ifi--=?;j.-- ,r?:,?~:
II
rtcquP/lCY: LJ Wenldy 'f"l Semi-lI1ollthly [] Monthly !, I'
All servico, !Oqulm nnd ~:pod:ll. will bo pmrollllod nl your cOllv~lli(lIlCO so as 110t to intorrupt your llorrTwlyporations.
,; I '
"I'
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II, MArERlALS
^. lho O1:1!orr:lls llsod ill post conlwl wOIk shall cOllfo/lll 10 rOdOlfll, Slalo and local OIdinances, laws, nnd shall
ue (l(~cep';l!Jlo to yo". ' . '. , ,.' ,
8. n()denlicidn~ ~11;111 !In lI~~nd willi roasollnlJlo plnenl/lioll 10 avoid m:ddonls 10 11 trf1l<tIlS, domestic fmflllllls nile! flels.
C. ReaSOflf11 lln cme SII:lIIIJO oXOIcisod 111 1110 use of liquid i/JsocUcidos ill Arens having nspl1altic, mastic or linoleum
floor sur f:lf~n. ' '
D. All pest control wnrl{ !;llill1 bo perfOflTled in a snfe marmor alld jn accordance with tile most modern and offec-
tive scientific pest contini procedures.
III. YOUR COOPEnArION . ' , .
l"oiJr cooperation is irnpoll,H1llo illSIJIB tile most eUeclive results flom Terlllinix service. WI18n8VOr conditions con-
ducive to Il1e I1reelling nnd l",rbola!)8 of pests/fiBY!l,I:~~-,p\< liJis,conlracl'81e repOlled in wriling by TerlTlinix, and
are not co"eo:l",1 by YOII, 'erl1lillix canNlJf'fis~ure snlisfnclory s~rvi~B."", ,',' ;2 I /,,)
rriccS Ven11r;d "..,..,... t '2. ~
IV, INSURANCE' ,," I ,4-10
Tenninix will f",nish n Cnrlificnle or Insurance 011611 ~1'elYi'est',' ,"'I.':',\\II:;i' , I ','70 'A "L
. I " .' (1111')t-'r' II'A}} ",;I " I' ,., . ',,; r.
V, TERMS OF AGnEEMEN r (>'-.., jJ /,
This agreemonl shAll ho eHnctive for nn OIi$j!nal,..POI,iOd,of-oneyonr\'1nlfsl181J rellOW itself from monllllo month
thereafter unloss wrillolllIoliceIs giVi';'11 by eflhor pmty thirly PO) dnys..phor to tl10 anniversary date of this agreement.
If Termlnlx fnilr; to cOIllply willi tlio ~:poclficntlolls,' they shall ho qivoll thll ty (3U) dnys !lotice to render sntislactory
service, If, nt II,,, "xpimlioll of ""eh j'rirlY (30) days nOlice, 11\8 1lI1snlisfnclory conditions havo nol boen corrDcled,
you reserve t110 riullt hJ C311collll8 Gontract. ' " 'j"I' ", ':,'
In fila ovont of p(Jf!1I~'nlll illrnslnll()I1~, -lnllJ1ll1lx will plovhln ~pflc:1;l1 so/vieR nt 110 oxtrn cost until tho condition l~
under cOlllroL limn/nix I.. lIot msport'.<:llJln lor IfI!mct or Fodonl domnfln 10 Ilmduct.~ or 1/10 Vuif<iil1g'~ contou(s. This
agmomo/ll ,lloo,'"; l1ollJlovirJo lor (;ont/u/,o( t~rr~l~tns 01, olhor \1~oO(J (festlvyinf.} OIY[J~'l,~f1ls. 1\ : 1.,'11 11;'j';
The Gene/al (~ondilioll~ 011 tile 10'(0'-50 sieja mo p:1/ t of tllis plml.
'hl?cosl "Is",v/co sl,,,II IIf' $ ~:~~.~., ~~, lor illilinl s8rv;c", nlld $L~_.~ ,f'h."'{fTj(, per
----""2(}jl.if/I::.__ for a pmiod of ._~t'/._~_~____ IlIOllths,
SUBMiT,wORi'SflMINIX 1311# _/:<_l::'L<2- AGGEPI ED rOR_._,_ , -
By: -~47'J1 ~Y\"'" ,.,wu__~_~~ 13y: -,.-c 4'2' . -.-..-
Dale: _____O_--:J__I(Jn_____ __ Date: _ _.5- --~W,---::.._-----------
,J?hi;;:/ ~7- yC'/
rOlm 31210 rllP1/f\9
~llH\!5 The TA"nl"l" Inln<"oll",,,,1 I;OIlIJ'fl"Y I.!'.
BR^NCIl COpy
) ')
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~~~f1~n
RENTAL AGRE;EMENT
MORGAN SERVICES, INC.
No 3R
Date of FIrst Delivery
(hereinaller called, Morgan)
Since 1fJB7
42534
T//lJ/9/
I ( ,
Customer's ~~~Jr~ 121l~rJ-.
Name __~~,.,__ __ ______"{/__ ,----
Add,e" ,.,.".'t':f 7.S' ./30:7J,,-..;Cr9,_
&.-:1<.J'~
o RENEWAL 0 INCREASE
~ NEW
o CO.D, ~ CHARGE
TERMS: NET 20 DAYS
DELIVERY FREQUENCY
~ WEEKLY .2. TIMEStWK,
_________ Acel # __
City ____._________
;2.(;"-:7 _ :':':'/;"6 0
Business PtlOne _.. ,._._.__f__ .._ ,.______
Kind of Business _ _.t1';4~__
C-o...
.__,__.~, Stale _____________~____ Zip.
7/9~2--__
_ _____ Home Phone ..___n~_
o EOw
o E4W,
1. Supply of Arllcles. During the tellll of Ihis agreement, and of any extended term, MORGAN agrees tD supply to the CUSTOMER and the CUSTOMER agrees to lake
from MORGAN exclusively, all of the CUSTOMER'S requirements in the CUSTOMER'S business for the supply of clean laundered articles listed below. The initial service
and service charge of sllet1 articles st1<1.lI be as listed below. Ottwr standard articles supplied by MORGAN, whIch may hereafter be required by the CUSTOMER in the
CUSTOMER's business, stmfl be served at the prices normally cllarged by MORGAN therefor at the time of the Initlal service of such articles, subject to the other terms of
Ihis Agreement.
l!x;l<> '7f,
_'{tJ..___ .::'_~ __ }
_~o_,._ .13:f.-. '70_ -JJ
o U
_ L ?'i_L'L__ !1A.f.1S;h. .
, ?fo /I
~!;;L~ _.-'".22. II
flQ0 ~~.~~_ __.__ / s::__~O " () ~
6uL./ ?o- -__,,___,.. ___.___ _c..l.r;_._~Cl __ ~ ~
6.J,.. S9~01 /14 .~._.~__ __._L'i_._ _LJ2~ 5:;'D ~
-r~<:.~_C~_. _-,-'-__ _('/t!i..Y... _,58 /'-(0 6;;'0 ~
r21.<~_.,.~_._ IYZ~ 'l"X4____, Ii-IC> /::z 850;:; ('
A ~~
I--~(':'''-;I. '32. ;;:z..c WTAl
ITEM
COLon
SIZE
!'RICE
OfllGINAl
SERVICE
INVENTORY
BUDGETED USE
PER CENT
(OA QUANTITY)
~":Q5'~Tr:A~.
,I
~.
:2"1 X /,;2'1.
.!.jJjJ
117
, 'g()-.--
oZ
07,<';'
L{o
"
"
(/
,e1J~pp~._
G/l$.e~ ..
~CJ1m
c..Jl;.JlL_
"
II
II
~(~.- ,_..,,-,
~~-
R
,/
1/
It
MINIMUM
WEEKLY
SERVICE CHARGE
D
o
~
{, 'II,
3." b
o
;Zf.oo
I. J.
13
D
"
2. Term of Agreemenl. TIIO term of Illi" ^greelTlcllt Is tl\lco yaMS fJOrrltho dole of 'hr.1 df~livory. [Il1d fmrn yoar to year tl1emaflerunlil this Agrcornent is cancelled by i
either party by lIotice ill wriling given to tl10 o!llCr, :30 days belore the <1rHlllal terrninaliol1 dale
3. Torms of Paymonl. P~ymcflt for Ille Sf'lvirl1S providod under this Agrcmllellt slHlI! hn ci1sh on dnhvory. unless otherwise agreed in writing If credit has been L
oxtended to the CllS TOMFn, the CIY;TOM[ll il~JWPg to pay alt tlills owing for services rcrlllclPd within 20 days after dalo of stalement by MORGAN 10 CUSTOMER
CUSTOMER flgwos to pny nrl nrlditiollill chilroe at ~.M lfH,AN's [IIlnOlHlcpd ratc per 1ll0ntll of illl past due bills Irunl tile date pilyment is due until pai(t. The weekly service
charge Shilfl be tllP. gr(>ntr~r (Jf tht! rninirlllllll wh~kly sf.'rvlco cll.1rgp (llle price rnllltiplil!d by tlw hlldgcled lIse per cenl of the inventory) or the servico ctwrge for the actual
number of ,Hlides detrv{)rE'd
4. Replacemenl Charges. CUSTOMFfl ngn,ps to COlllpensale MOflnAN for all losses of iuticles all(\ fOf !lll damage except norHlill weaL In Cilses of tolal loss,
CUSTOMER agrens 10 P;lY MORGAN, as riqlJiliah~d d,ul\ages for eilcll illticle, MOFH~AN.s runent replacement ctlarge (allhe time of damaged articfe's return or
CUSTOMER's failure to ralllln lhe article) for each illticle, TIIC CUSTOMER agree:,> to pPlIllit MORG^N to take periodic physical inventories
5. No Other Agreements. This ^{Jrf'f~rnenl represents the nntire undorstrll1dillg anrl il~jr('enwnt of the pnrties, No alterations, amendments, or future understandings
shall be binding unless reduced to wliting and 5igne(j by the piHties t1Creto, Customer warrants Ihere are no oulslandlng, confllcllng agreemenls.
6. Terms and Condlllons. 1 fllSAGrlEEMENT ISStJf3JECT TOALI Or: THE T El1MS AND (";t1NDITIONS SET FORTH ON THE REVERSE SIDE, ^Ll OF WHICH ARE
INCORPORATED IN AND MADE PMI r Or: 11 liS ^GflFEMEN r
MORGAN SERVICES, INC.
~ '/'" ~/J_
BY~.4:_~~__.._~~~
CUSTOMER
ct2
TITLE _L~_ ~ ~~__
SIGNATUFlE _____
APPROVED .__
lllLE
Mllfl3'l'"
f'IlINl NAME
Form #56.2-1181-3R
..c' .2 ~t-/ )
OfUGINAI
1;.-4.......,
~;;,..-
,..J',.~
...::'';'.,:
DATE
"'.,0-,:
"',,,i;j,,~ .'-:.';_.~.
~':!rf1!!!
Novemhc'i 1'3, I qq I
Dear Cll~; Lume]"
'.I'll;) Ilk y( III V(--~ I'Y much for yuur bus i IlC~:;S dur j ng the past yea.r.
We look [()"VJill-({ to c(l}ltillu.irH_l Olll.- commitment to provide you with
the S{llll(' Lop I pVr> I or qll(ll.i_t~y which YOll hi1ve come to expect.
Du(~ to i IlCI-(~il~-;(-:>d costs of labor 1 collon, water and
enviroJlln(~IJLal COl1lll1iollc;e, we must ilj(:~IJ"'ase our service rat.es by
6% effc(:L.i.vc 11()vCllllJor J_U, 1991.
Thank you.
SincereLy,
MORGAN SEHVICE~;, INC,
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1238 5'7'1
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CI' I LV/Lner)!' , ;:!'Cll.
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)1 \(.)( ry. ),_ -}(.-1~)(, li-)f)~ ':)(:K)o: )()(- .'()(_K_L~ :JJJ_L)(~~'.l(J(}(J(' '~"J~
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.,ervrceSlMerchandise Rec'd \
Priqe, Verifiad' '$\i,",,:~:~7;; .q~'iT- ~
~ .' ';"':,",\)';;' ~-'."'~''''~'
"
I ,( 1 ," ~TAL'A~OUNt DUE ',.' / '.,\~
I li.'~,;;;., ;,.;,<1 ~ .;,;;;,;"" >>':;i;';Y~"N.1 ;; du... !PllI,i".. ':d," "~~,"~' b""",,' ".::.."'~ 16 IH)toioo'
10 t,,,y 11111'1(j1llconllnc1ur!h1Q It--pr'' !1I1flll''lt, :ltlOlr1flY 10""', COlHI.c09"t:~ ~oIfe,d1on '&9~", ('.\;';,/;1m,\',
I S^LES' V'] , .
FARMEH BROS. CO, RE"ReSEN,^,~l"....,..~ ';.m,...,~"
DEPT 1810 " ,'r,,.','.C""".'..-"~,"':.;,,.i,;...:,
. LOS ANGELES. CA 90096 ~~~~~~~I~~e,)"c" ,,,"".,,,
I'W)~II; ~J-:j;;~---~--T.~i~:fEryODR itrVOICE
.r"r:....-......I.Ar.n r,....nv
cl J::~'?
-- . <.- -",,/ ,
---------.-. - ------------
--.-..------..-- .
--------------
--..----------..-,.---------
Course
SMAC
Heartwell
Westchester
Los Verdes
Rec Park & ~3nack Bar
Skylinks
South Bay
Lomas Santa Fe C,C.
Escondido C,C.
Micke Grov('
Aptos Seasc,"pe
IJake Tahoe
Tanoan C.C.
vista Valen(:i(l
Mountain (~(11 0
La Mirada
Camarillo r;IJt:'inqs
Sunset JI.ills
Rancho San ,Joagu i n
David L. Hi1J:0r
Fullerton
Meadowlark
Yorha Linda
IIeatherr ilk)',
TOTAL
I'^,~MFR llIWTI!JmS COFFJ':F: HEBA'J'E REPORT
FOP MONTI! OF DECI':Mlllm 1991
-- --- -- -- - ::-::-""::"-::-~-c:.~---- -------::;.__.-::::::------::-==============
December 1991
- ----cc::,.-,-,'-"=::-:-:,--:----==:-.:===::--::::::-c--::-_:=="'"==="""'=======:::-=========
% of '1'0 t: <l 1 Your
J ,I )~:; . Used Pounds J,eba te
.,.------------- --------~---- ------
------.-. .....----- ------.-.------
0 0.0% $0.00
7.40 S.8% $34.39
.17.0 2.9% $17.19
27B 6.8% $39.83
/.8') 6.9% $40.84
2.10 5.1'6 $30.09
7.14 5.2% $30.66 /
155 3.8% $7.2.21
276 6.7% $39.55
90 /..2-% $12.90
7.30 5.6% $32.96
0 0.0% $0.00
196 4.8% $7.8.08
180 4.4% $25.79
]<.):>.3 9.6% $56.64
242 5.9% $34.68
130 3.2% $18,63
lGS.), 4.0% $23.67
70 1.7% $10.03
9B.fl 2.4% $14.16
1.10 7.7% $15.76
1n4 4.5% $26.36
120 7..9% $17.19
120 2.9% $17.19
4109.3 100.0% $588.81
1'-) //
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,~,,,",, lj'
CALlFU'lNIA SECUnlTY AND VIDEO
D1CTO('f1APU ~;r:C1!nnY SYSTEMS
--'-. ',to? IlUrl!l! H11. S\lIII: Ill?
r.o THJ/ ;<i(J(11
~;A!l Ill! '~(J. I:^ 'J?l/:i
Pl!. r;1q ~ii \ 71:1/
INVOICE
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LOCATION AGREEMENT
1, Parties to tllis LO,cation Agreement, Ilereina~?r,re",fe,r, red t~i,jS "Agre"em, 1([t,": " n (l ' ,
Tile Parties to tills Agreement me__ _iI (1/ IV) I .:) ~f.J-r _U_I'c-Lw"J__V_)~UlJ..L~ lhu
Addres~ J d l) q "..' r'/~~~ ~L i UI' If,; <;J-------.-----~---
City/StClte/Zip _,. ,________L_ _.___LL\' ~LULL_________
h"'~::'::' ":",,, 10 O"V;Od~~ OOd~'J Y;!=~L irj< I~ t------oL-J:&l~lb-j
Address ----~/~Lrij~--L)",)l',)-~-~4- ,-.------
City/State/Zip ,...____-'t~l}fV,\.L.h-,.L ,~__ _____._______~__
I 1,\
Pllone __ 'L 10/ IJ.J2i.L___ _,__.__.
Ilereinafter referred to as "Location",
2, Terms and Conditions:
Location hereby agrees to furnish suitable space for installation of
.:.bv4--,----
microwave maclline(s) iHld shall maintain in orderly condition, It is mutually agreed that tile
machines sllall remain at said location as long as it is satisfactory to both parties, and that tllis
Agreement may be terminated by either party at any time,
It is understood and agreed to by Location that all maclline(s) shall remain property of Vendor.
Vendor agrees to provide merchandise regularly (C,O,D, basis), and to provide maintenance and
repairs as needed,
Date I j j(p) 1;
Vendor Autllori70d by:
Location Autllorized by:
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:.'....l1'LLt~_____.__ Mgr./Owner
DELIVERY RECEIPT
Received machine(stthe day o,f-----,---.-Jj/.blLl,--'-n'~..---~--
Received by:__~LL_=~~'\- ... -.
Serial#'s___'\(l el_,(~LJJ.l.Li211____.r__L'1.P) ..,0 0 Li..fJ.1J__,___.
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SERVICE AGREEMENT
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all nllw~,I~ f~lttp'''Y
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location of Bin(s)--^ddress:
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Name of ^CUllllll
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Address (PaYllIent)
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Contact Person
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PI101\8 Numuer: r;'--:j.r"Y'__
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Number of Bins:
Date Bin(s) UrlliVDI r.d-
Circa necyc;lf~r~ lh<lllks you for YOIJl p<lllicipntion in our combined ellotls to fighllitter ill your communily And recycle our resoUrCE
I 'I '
\ I _ _/ _.' I I I
The pilltiP.~; to lhi',:; ;HJIf)(!(Jl(>))I. ',- ... ( C( (1< .:h.:' Ii. (. .._.J -I~ i'JJ..'. 't.... ,'1 f
herein cnlled r;eller, And Circo Recyclers, hprein c<1l1ed Sllyer, Rgree <15 follows'
.'
Buyer will provide the ;:;01l0r Wiltl stnmqe hillS <It Seller's f<-wilily. Huyel stl;"lll 118y (, per cl' for // gla~
Guyer sh(llll1()llJr-~ rp<,porlsiblp f(Jr d;II11;lqr~ lo ,lrlY privClte pnverllf-1llt or ;lCcornpnt1yin~J sub.surface of flny route reasoimbly neceSSR
to perform the sPrvicns herein contr;H~t0d_ Srdler fUlther (lgrN~s to hold Buyer free alld harmless from any liability for any darna!
or injury OCCLHlil1~J wllilf! bins ;It!? locClted upon Snller's properly and to delend on Buyer's behalf any aclion which might be broug
naming Buyer rlS a party dfdendent resulting therefrom.
I _.
;' I "'
This aljleernptll Sll~lll b8 lor ;1 t811ll of (,/,. Y./t" {,
have given ,Hlv:lnr;p wri1t(ll1 Ilotice of tRfmirlfltiuTl to
Service ^qreerl1ent ^ccepled by
l i / /- (
) year, clll(l ~-;l'rl!l exterld on a yem to year
the oltlel 1),1Ity nul less thnn sixty (GO) days
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Bins Received nncJ
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Circa Recyclers by'
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bf1.sis unless either party sh
prior \0 1t18 anniversary dat
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I' i i I ! (i (II,) {J
--------. PACIFIC: · ,BEll.
SPACE USE A(;REEMENT
FOR
PACIFIC BEr.l. Plml.lC 'I'EI.EPHONES
'" ,. ".,t... T~',.<,,\ \' """',1">
r! ,', I' ,
THI,'," ",lI,1;,I""q:MI-:N,T '"l I I fi ,I' ,!0ntere<l, ~n to, by a;1d, bebJe~n
--~, -j~,'i!!'-JL.~I, ~L__",_~l.L__ ("llllS1neS!?' O\-ln(2r",//or "c5wn~ql
dol nq 1>1IS1 nr>c;c; ~\ t_~___, ~____/jjjJ~(L_LUI U 1(\ \ll / !/';~(
and PACIFIC mtl.,1 '_19 Beta Court, San Ramon, Californii'1 94583
("Pacific"), [or the purpose of estabLi.shing the terms and
conditions lInder \-Ihjch Pacific mClY plClce additional pllblic
te lepl10nes or reta I nits existing public telephones on O\-lner' s
premises. The lIgreement js as follows:
1, 'I'ERM O~' AGREEMEN'l'. This Agreement shall become
effect i ve ,_ ,____..!~~___2..rL:JLi ,Clnd shall continue for a period
of UP "e (J) yeClrs. Compensation payments under this Agreement
shed 1 '''01l1Jnp.flce, (1:; t.o 02.ch puhl i.c tp 1 pphone 1 wi th the st.a rt of the
first' full compensation cycle beginning after the above effective
dClte,
;>, STlINDlIlW TERMS AND CONDITIONS. In addition to the
agreemr>nts contained below, the standClrd terms and conditions for
public telp)11J()JJc selvice contained in PClcific's Form ~1l016 (Public
TeJephr)ne Sr:rvice Aqreement) 1 a copy of which Owner has previously
signed for (',lch public telephone, sh,lll continue to apply to sllch
stat"inns. Fr-)]" PAch public telephone: ,inst_a.lled a.ft.er the execution
of thic; !\gn''-'IIl,-,nt, Owner shall sign Pacific's then current version
of POlin M1016, In the event of any conflict or inconsistency
bet\-leell this Agreel11ent '1nd Form MI0l6, this lIgreement shClll
control,
J, Tn (;H'I' '['0 USF: SPACE. Bus i ness O\vner hereby conf irms and
agrees that PRcific may retain its public telephones at the
10cCltions \-Ih"r,-, they Arc presently situated, Clnd Owner agr,-,es to
allo\-l P,,,,ifi,, jo install such additional public telephones on
Owner's prel11isps RS Pacific and CJ\Vner mClY from time to time Agree,
And such phenes shall be subject to this Agreement.
NOl:vlitll'"tFlnclill(j Ihp for'pgoing, this Agreement shClll not be
interpreted to requi re Owner to ma_i n~-A in or instflll only FRCific' s
publ:i c te lephonps on Owner t s prern.i ses. Owner 5hR11 conti nue to
have the right to order Pacific to remove Cl public telephone
withi n the 1;111(' )Jpri od agreed to by the pClrties under Paragri1ph 9
of FOlln MIO]G; subject, however to (1) Ovmer's representation and
warranty S('t forth in section 'i be I 0\-1 , Clnd (2) OVlner's
obligat i on, if applicClble, under Pari1gri1ph 3 of Form ~11016 to
reimburse PFlcific for its engineering and related costs if Owner
removes a public telephone \-lithin twelve (12) months after its
installation.
. 4.
complips
Agreement,
telephones
in Exhibit
COMPENSl\'I'TON SCHEDULE. For so long ClS Business OVlner
\-lith the terms and conditions set forth in this
PClci fie will pay to OVlner, for each of Pacific's public
located on OVlner's premises, the compensation described
A, attached hereto and mClde Cl part hereof,
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.,_,.L-, c;:''''-''
---
5. IJUSINI':SS OWNER' S WI\RRI\NTY I\S TO MINIMUM NUMBER OF
PHONES. Rile; i TH''''''; IM"e r represents and wa rri'lnts thi'lt it wi 11 allow
Pncific tr) fTl.l.ill\ "ill (1 minimum of Pocific public telephones
earninq At ]eAst $710 per month in gross revenues pCI' telephone on
its premises loc1\\ed throuqhout the State of C1\liforni<). This
minimum rrpresents SO'!; of such Pacific public telephones installed
at the time of this I\greement.
6. REGUI,I\'J'ORY OVERSIGHT. The pi'lrties hereto agree that
this Ag1 cccment slla 11 be subject to surh changes or modi fications
as may be requi red or authorized by any regulatory commission in
the exercise of its ]ilwful jurisdiction, and any modification,
revision, renewa 1 or extension of thi s Aqreement sha 11 so s ta te.
Pacific dr,,,] ares that 1he filing of the Agreement herein with the
Public Ut iliUps commission of California pursuant to the
procedur1\J requirements of General Order 96 is not to be construed
as a public of[pring by Pacific of the services Or facilities
hereinabove referred tn.
7. l\'rrOWmvs' FlmS. If either party commences an action
aqainst the other party to enforce the provisions of this
Agreement', the previ'liling pi'lrty shall be entitled to recover from
the losing party rpasoni'lble attorney's fees and costs of suit.
)en!'
EXECUTED this
Ii
day o[
, 1989
Sign",me, I;;;::?' ~' '7 ~ ,/~> /1-"
printed '~
Name: a/~;~~:s (f, ' ~ (-'7t-od""~C Ij
Name of /J' ,.s. J ,/) \/
company:3-.lJ10c?ll/(JI7V ('-rOcr tl:O/2./J,/ 0 0/o/J-/ (dJt/n/.e'oY
Ti tle of /-Z ,It
Signer: <.:!-.-c~yv~9v}'32~ //jB7/l '
Title:
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PACIFIC BELL
By:
Printed
Name:
,,}]-b7
I,ll
PI\CIFlC ~:~AELL"
_f!, (',,,'dw 1,'1f'~1< r""'J'~"\'
Date: I) h ) li
-----.--. -------- - -~---_.-----_.._---------~
HE: PaYI,llone JI (,,).. LL11._./LJ!i__ (I (~f . ___..
/), / )
[;ear /,'~'. __tji2'f_~~.___.:
Vie are really pleased Jhat you have dlOsell Pacific Bell to provide
Y01.IT public telephone service. We appreciate your business arxl
will enleavor 10 meet all your public cnmmmication needs.
Enclosed is your copy of the fully executed Space Use l'greElnent.
Please ],eep it j n your files for future reference. In the mean-
time, jf y= have any questions or we can help you in any way,
please call uc; on 811-4083.
One more thinq: Thank you for taking tlle LiITe to talk with us and
to ccmpJRLe tlle' aqreonent. '11.e canpleLed agreement makes your
ccmnission clvltllje effective I j ).! ~.
1
l'gain. thank you for choosing Pacific Bell.
Sincerel y,
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Lirxla ^qc~na
Service Representative
Enclosure
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ACCOUNT NUMBER
BILL OATE
CUSTOMER SERVICE RECORD
A19 267 7700 91R S 6
OCTORFP 20, 19q1
Mp.~Sllr'prl R~ te Bus I ness Serv 1 ce PAGE
r"n
PACIFIC: ,~lBElL
BILL NAME AMERICA GOLF CORP
BILL AOORESS 1633 26TH
^ Pacifir: !r,lpsis Cornl'illlY
5ANIA MIJNICA CA
gO~O~
It .r,QUAN ,'.,SE ICE DESCRIPTION, ,SERV 0 D, TYPE ACTIVITY MDNTHLY TAX ,
",;:' " " ' -, ,COilE CODE DATE ' ,CHARGE CODE .
SAN/DIEGO
GREATER
PROOUCTS
AND
SERVICES
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5
5
7
8
9
10
11
12
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DIRECTORY 1 '7
ADVERTISING
1 R
Hl
SUMMARY
OF
CHARGES
I
ioJflJ1F PM~E LISTING(SI
MClIn L istin~:1
~)[]UTII BI\Y GOLF CLUB RESTAURANT
p, UJIJNGF---
~~75 B[JNITA RD BONITA
tJ,r'ilSllIpr1 Rfltr> BusillPSS Sf>l'vice
)(;77700
^ nu< 1 f'R 1
I ()W~ fJIS1ArJ!:E C^Rr~lER IS
1\1&1
rio RespollsP To erNI Letter'
Mrasul'pd Rote Business Service
?G777U1
^ RL.K 1 PR 2
I_(]NG [JISTANCE CARRIER IS
AT&T
Mpasul~ed Rate Bllsiness Ser'vice
2G77702
^ BLK 1 PR 3
LONG DISTANCE CARRIER IS
AT&T
M",?sur'f"d Ra te Bus i ness Ser'v i cp
2577703
A BI. K 1 PR 4
I ON~ DISTANCE CARRIER IS
ATP.T
ellS tomer' EqLJ iprnellt 011 KTS
r't;mar'y Set'vice
fh>ferpt1cf"
A PCF 267 -1039
Rp f ef'pllce
~ RCr 1\12-00>18
3 1IIIIltit\~ fOI~ Available Line
1 II\J!lt i 11<:".1 Gf'OUp
^ /700--770'),
,);-,,+ g P1\19 Fquipmprlt
,hd~ p, Plllq rqllipmpnt
^ 1701
:J I flIJ'~I, Ion'"'
1 IIHlr:h rOil'"
t1 f'~I\'II'_ ^ccr><o;s rot' ltlter.st;'\te CI9
1(><:,,1 Ypllo....i PfI(1f> Advr>t tisin~
SMJ IllFGO
1,,,;,,1 Ypllnl'J rnOf> Advpt'11sinq
;-,AN fJILG(] :,OUlll co
1 I (H;i'll Yellow r'i'lgP Adver'tising
SAN [JJEGO COUNfV srANlS~l
p^CIrrc RUL RFGUL^lED MUNTHLY SERVICE
P^CIFIC BEI.L DIRECTORY ADVERTISING
CHARGES FOR NETWORK ACCESS FOR
INTFRSfAIE CALLING IMPOSED BY THE
FEDERAL COMMUNICATIONS COMMISSION
05-21-91
R
OG-04-81
R
R
04-25-80
03-12-90
R
03-12-90
R
03-12-90
R OS-15-85
R 03-10-89
R 04-03-89
R 08-29-85
R 08-29-85
R 05-15~85
R 0:)-21--90
R 08-?~-BS
R OS-15-B!1
^ 09-]0""85
D Or, '04-91
f) O~ -C)]'.91
U 09-06-91
R
0
A
lllESE SUBTOTALS CAN BE rOUND ON YOUR CURRENT BILL
01009180690 029J 4~8G 6192677700
8.35
8.35
8.35
8.35
1.50
=
=--
16.56 x
~-==:
<15 00
.- ..-. -
128.00
37.50
34.90
210.50
16.56
) 'I_ '--';.1.
/'~_;ol . (/-
-
~
':/;; 'I'- /.1
Equipment Maintenance
Agreement
(~ !1 ~~"
, ,"::,AT&T
II'e
To: AT&T Informilli'''1 Sysl"ms Inc,
Agreement No,
Ar&T nep, (print)
Referral log No_
YM - 4-
i" B98~)ll
I hereby nuthorilP f\ I}J, r Infolll1;llirll] ~~y~;lpfTls Itlc. (^T8.c I) tu provide) ('()lllrl"H;! rllaillh~l1;lIICe service coverage for my AT&T kr
telephone system dosr:rilH)d IJelpw ill ,lccordallce with the provisions of AT&T's stand;:mJ Mllintenance Plall for sllch equipmen'
I understand thAt II".; [quiprr10rrt Maint'''';lIlce ^qreelllont will run for a term of one (1) year from the date M8. T receives th
^greement in its lOCAl hi 1';" "'55 olll<e andth<1t it will automatically he renewed, unless ^T& T is notified olherwise, for successive one (
year periods at the 1)11(;("; ;:-me! (HI !IIP t~rlllS 811U conditions in effect for tile selected pl81l 81111e time of renewal.
The type of ^T& T stand;lId M"inleUAUCf' ptan I h,we selected is
I J
Around-lhe..ChJ(+ 11IMn ^ r R 1 will respolld fo major f<1ilums twonly.[our (24) hours per clay. seven (7) days a week. wittlin fOl
(~) hours 01 nulrl,':atron, AI 8. 1 will re'pond to miol)! failures wrthin Iwenly'forrr (;>~) horrrs of noirfication, provided th;
maintenance wOII', willl>r pr:>rforlTled ()[~tween 8 cun.S p.m.. MondilY tlirou~J!l rrid(1y, cxcC'pt AT&T holidays,
Iv
:'-J
OusirlOSS Day PI;111 IIH~ covel ;lqP. pelilld is /JotwccnB a.lll. !) p.rn., MOrld(1Y Ihrouqh Fliday. flnsponse time for lTleljor f<1ilurc
(i.e., failums II1;I! Ill;llcriillly ;l!f(!clll1n opnr;lliorl of Ille system, (lS ddfmllillCd hy AT&T in Clccordance with its MCljnlenilnc
Plan) is withirr 1')1" (~) cover "'In period hours of notificAtion, ^t & fw,lI respond 10 minor failrrres within twenty-four (24) hours (
notification. jlfovidpd IIl;ll rll(lilll(~II;lIlCe work will be pcrrollll0.d Pllly dlHil1~l tile covcr,lqe period. except for ^T& T Iloliday~
System Type:
I Merlirr'''20G
I Mmli'l''''410
1 Merlin" 820
_J Merfin'" Plus
I (;omKey" ~ 1 G
I Com Key"" 718
I EKTS 2600
J Spirit '" 308/616
System Certification:
I Certrricalion Fleqoired
I Corlificalion Not Required
Equipment Location (^rJdress)
/l", '
State _
, ,
~_'_~.~ .~__ Zip
CityfTown_
IMPORTANT NOTE: Se" additional contract terms and conditions and monthly payment information on reverse side.
Company (print)
/,
, ,
'j:j(,
./
-). '
'<
- ~ 'J._ .'~ ;
<: ,~ .
( ,/ ( ('f'_"5
Authorized Customer
Reptesentative's Signature
Date
, //~ -;
/j~
_ v !."
T'I (", c'_,,'
rt e _______
)-'(
".:' F; ~ r
. _ Telepholle No,
c:
,,/ ,--,' :/'-
,7 '
CllslO1Tlfn COllY
? /) " '/
--'.,.< / ,S
111C Greens
PAC*TEL SERIES 300
June 11, 1985
SYSTEM CAPACITY:
Jt Lines
10 Telephones
PRICED FOR:
II Lines
6 1'e lephones
PURCIIASr-: PRICE:
IJ -- I) I /0
,( I I 7
$~3-,Ji_1)_.7fl........ (includ1ng tax and installation)
PrIced f"l' (1) JI1U
Cartri,de;0 1.
Controller, (6)
(/)
lO-Bllt.Lon
Sets,
and
( 1)
Fea tu r'e
I.EASR PIlICK';:
36 Month
- '.'---_.'-.,----'--
JIU Mon th
--_.~,---
Go Month
--~
$ 136.60
$ 112.75
$95.76
TERMS AT END OF I.EASE:
1. BUYDut: Pay 4 x monthly rate on 36 & /18 month contracts
Pay 5 x monthly rate on GO month contract
(or Fair Market Va 1 ue a I, end of lease option)
2. UPRrade equipment to larger system (Convert-A-Lease)
3. Rcw,w 1 ease for 12 months: pay 2 x monthly l'ate
)1. TIH'tl in equipment
SER VICR AND M^lNTRNANCE:
One YC8.1' WarTanLy on a 11 parts and labol'.
Service ^gre0tnc>nt avaIlahle f'or year two and ensuing years:
Add # of lines to # of phones : 4 + 6 = 10
10 x $3.00 = $30.00 Monthly ServIce Agreement
OR
If 1\1) Service Agreement, pay for' time and materials.
PAC ~:::3 TE l
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03/17/92 14:u9
'n'213 820 5186
AllER I CAN GOLF
[€Jon
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EXHIBIT "F"
kJst of Banqu~ts. Meetinq$, and G~oUP Function~
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A!!ERICAN GOLF
F.xJIIBI'r "G"
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03/17:02 14:10
C .' I
'Z}'213 829 6186
fJlERICAN GOLF
la:J 025
EXHIBIT "R"
capital Improvernente
:.; I.: I"; /\" "1'/\' ; I II,: I )
23
, )->((/
,.,"'::'.. (~-;-'- (
PHQPQ_~j!:I2 ,CAP IJAL _ IMPl?O~j!:MENIS
PHS_. ~QMPANX
TO l'RE__Ji'ACILIDl'lLAT
'f47LJIQ1!I'.l'AJW___
~,..J..,' SIIOJ{'Ll'ERM IMPR.m'EMENISl=;3_MQl'-I1'HS~
I , ) ImMOVJ.: V 1':1(1' I CM, WOO])EN POLES, I,ATTI CE WOHK AND BHASS HA II,S IN
'1'111,: i:AWJJo:N 1i(){IM 'I'll MAKE SPACE MOIiE FLl':X I BI,E IN ACCOMMODATING
BANljlJET STY 1,1,: ;; EAT I NG AlmANGEMENTS,
2,) LAY NI-:W CAHPETING IN THE GAHDEN HOOM, EXISTING CAHPETING IS
WOlm TIIIN AND SI'OTTE]),
1,) LAY A NI':W PAliQUET DANCE FLooli AT TilE BASE OF TilE STA I liS IN
TilE I;AlWEN JiOOM TO ACCOMMO])ATE TilE FHIDAY NIGIIT BIG BAND
IJINNI':Ii/DAN('Jo: MEAL 1'1':kIO]),
4,) 1i1':NOVATE NON-LOAIJ BEAlilN<3 WALL BETWEEN TilE GAlWEN liOOM AND
TilE I'AIHWAY liOOM,
5.) liEPLACE EXISTIN(; CUHTAlNS ON IIALLWAY STOliAGE AREA WITH AN
ACC:OHIJION DUOH,
IL.l..N..EAH_LEHM . I MPJ{QVEME.NT s...3_- 2...4...!rI.QNJHS_;.
1.) HEPLACE TilE EXISTING CIIANDELIEHS IN TilE BALLHOOM,
Q...), PROPQ.sE.1LL.QN.G_ JERM.JMI'J{OVEMENT S. >?'LM9.NTJJS_;
I,) A])]) A SPANISII STYLEIJ PATIO, WITII WATEH FOUNTAIN, AD,JACENT TO
TilE FXISTINI; BALLWJOM ON TilE SOUTII SIIJE OF TilE FACILITY, PATIO
WOULD m: ENCL(ISE]) WI TII WALLS COMPLEMENTING TilE EXTERIOR OF TIlE
FACIL ITY AND S PAN I SII STYLED WIiOUGIIT I HON GATES.
2,) ('OSMKIICAI,I,Y AND STlWCTUIiALLY HENOVATE F1WNT MAIN BAH AHEA -
I'O;;SIIJLY AIIIJINI: A SKYLIGIIT TU IMl'liIIVE NATUHAL LIGIITING; PUSSIBLY
SIIHINKING TIlE SIZE OF THE BAR MAKING IT LESS OBTRUSIVE AND FREEING
UP MOHE lISEAHLF FLOOli SPACE; POSSI BLY ENCLOS [NG SOME em ALL OF TilE
FOUl! I':XISTINI; WALKWAYS INTO TilE SPACE FHOM TilE FIWNT IIALLWAY WITIl
1l00W; ANIl/ill< WALL~; TO MAKE TilE SPACE MOln: SALABLE FOH prnVATE
HINel IONS,
APPIWVAL OF TIIOSE PliOJECTS LISTED IN SECTION "A" ABOVE IS REQUESTED
AT TilE TIME OF INITIAL SUBMISSION OF TilE SUBLEASE FOR APPROVAL.
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03'17'92 14:07
'B'213 829 HSS
AllERICAN GOLF
EXHIBIT "B"
personal propertv
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4!21192
ITEM TITLE: Report: Request to conduct bicycle race
SUBMITfED BY: Director of Parks and Recreatio~r,Jl/
REVIEWED BY: City ManagerJ4 (4/5ths Vote: Yes_NoXJ
./
The Firehouse Cycling Team from the La Jolla YMCA is requesting permission to conduct a bicycle
race (criterium) in the Eastlake Business Park area on Saturday, May 2, 1992,
RECOMMENDATION: That Council accept the report and approve the request subject to staff
conditions,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION: The Firehouse Cycling Team from the La Jolla YMCA is requesting permission to
conduct a bicycle race (criterium) on City streets in the Eastlake Business Park area on Saturday, May
2, 1992. The criterium is actually a series of races that range is distances, often in excess of 50 miles.
Participants race in divisions based on ages and abilities, The event is scheduled to take place
between 7AM and 5PM, and the sponsor is anticipating approximately 500 participants and 250
spectators throughout the day, The sponsor has gained approval for the event from the Eastlake
Business Owner's Association (Attachment A), The sponsor will provide all equipment necessary to
conduct the event, which will include traffic control equipment, portable toilets, trash receptacles, and
event clean,up at the conclusion of the day,
The course selected for the event has been used successfully for the past two years for identical
events sponsored by other agencies, A map of the streets that will be used is attached (Attachment
B). The sponsor will partially or completely close the streets to vehicular traffic during the event.
Some streets will remain open for two,way traffic to allow access to businesses that are open on
Saturday, The streets in the area are wide enough to permit traffic during the event, and event
participants will be physically separated from traffic by nylon snow fencing,
The event is sanctioned by the United States Cycling Federation, and all activities will be conducted
under their rules and regulations, All participants are required to wear approved headgear and to
sign a standard hold harmless agreement during the registration period, The sponsor will provide all
personnel required to conduct the event, and first,aid professionals will be on hand to handle race
related emergencies,
The Police Department and Risk Manager have reviewed the reques~ and amcur with the staff =mmendation
Bike
1
23.. ,
Item_
Meeting Date 4(21192
Approval of the event should be subject to the following conditions:
1. Sponsor must submit proof of liability insurance in the form of a certificate of insurance and
policy endorsement for $1 million, naming the City as additional insured,
2. Sponsor must execute the standard Hold Harmless Agreement.
3, Sponsor must provide adequate traffic and crowd control as determined by the Police
Department, with all costs for materials and services to be paid for by the sponsor.
4, Sponsor must clean up any trash generated by the event.
FISCAL IMPACT: Other than the administrative costs involved in processing the request, there is
no direct fiscal impact to the City. All event costs including Police services will be paid for by the
sponsor.
Bike
2
';.3..2/~"+
APR 14 '9208:19 ANDERSEN STAHR MEYER MORGAN INC
P,2
0J
."
THl::
WALTERS
MA.\'AGE\IENT'COMP.~1W
April 10, 1992
Firehouse Cycling
C/O Elaine Anderson
5550 Calle Miramar
La Jolla, CA 92037
Re: Request to use Scobee Park
Dear Ms, Anderson:
I am writing you on behalf of the EastLake Business Center Owners' Association Board of
Directors. At the Board of Director's Meeting held on April 8, 1992, the directors considered
your request to use Scobee Park on May 2, 1991.
The Board of Directors unanimously approved granting your request, contingent upon established
guidelines, including the following:
1, There is a $2()() refundable deposit fee. Please submit payment in the form of
check payable to the EastLake Business Center Owners' Association.
2, The organization using the facility must provide a certificate of insurance
in the amount of $1,000,000 naming the EastLake Business Center
Owners'Association, EastLake Development Company and The Walters
Management Company as additional insured for the date of the event.
3. All trash generated at the event should be deposited in trash cans provided,
or within the dumpster in the parking lot if service has started by the date
of your event.
4. Please verify the route for the cycling ream.
5, All directional signage put up for your event should be removed and properly
disposed of,
2251 SA" DIEGO AVENUE. SlaTE A,250. SAN DIEGO, CALIFORNIA 92110.29iO. (619) 296.622.5. FAX (619) 295.902i
t 3~.3
. '
APR 14 '9208:19 ANDERSEN STAHR MEYER MORGAN INC
.
THE WALTERS MANAGEMENT COMPANY
Firehouse Cycling
Ms. Elaine Anderson
April 10, 1992
Page 2-
P.3
The Board of Directors hopes you enjoy use of the facilities, Please be advised that we
recolUmend not-propping ope" the dO.Jr. to ~;Ihl':r restno(>msi~ :lOll will have exclusivC'us,e of
the facility that day. Since unauthorized use is common. especially onweekends, and any
damage incurred on the date of your activity could be consiMred the responsibility of your
organization, it is imperative that access to the restrooms be controlled,
Please contact my assistant, Tammy Alanis, to secure a key to the faCility sometime during the
week before your event. Also have your insurance agent send the certificate of insurance to her
attention at least one week prior to the event since we will be unable to release the facility key
until the certificate is received. If you have any questions please feel free to give me a call at
The Walters Management Company,
Joseph E. FarineJli, CPM
Property Manager
EASTLAKE BUSINESS CENTER
OWNERS' ASSOCIATION
JEF\ta
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2~-5
.
COUNCIL AGENDA STATEMENT
Item ~~ A...S
Meeting Date: 4/21/92
Item Title:
Public Hearing
Concerning the
Comprehensive Housing
Affordability strategy
Report
Describing the
Comprehensive Housing
Affordability strategy
(CHAS)
Resolution IbSQ2,.
Adopting the 1991-1996
Comprehensive Housing
Affordability strategy &
Authorizing Submitting the
CHAS to the U.S. Department of
Housing and Urban Development
, IS.
Dl.rector l'
Submitted By: Community Development
Reviewed By: City Manager Yj,J;.
7J (4/5ths Vote: Yes
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding from the Department of Housing
and Urban Development to submit a Comprehensive Housing
Affordability strategy (CHAS). The CHAS is a planning document
which identifies the City's housing needs and outlines a strategy
to meet these needs.
No~
Recommendation: That the city Council open the public hearing,
take public comment regarding the city's Draft Comprehensive
Housing Affordability Strategy, and close the public review
period.
That the City Council adopt the CHAS and forward
it to HUD for approval.
Boards/commissions Recommendation:
Committee, the Commission on Aging
Commission reviewed the draft CHAS
incorporated into the CHAS.
The Housing Advisory
and the Human Relations
and their comments have
been
Discussion:
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding assistance under most programs
administered by the Department of Housing and Urban Development
(HUD) to submit a Comprehensive Housing Affordability Strategy
(CHAS) to HUD for approval. The full CHAS is submitted to HUD
2.~-1
every five years, but the CHAS is updated annually with a One
Year Action Plan.
The CHAS is a comprehensive planning document that identifies the
City's overall needs for affordable and supportive housing and
outlines a strategy to address these needs. The National
Affordable Housing Act requires the City's CHAS to contain
elements which describe the City's housing needs and market
conditions, sets out a five year strategy which establishes
priorities for meeting these needs, identifies resources
anticipated to be available for the development of housing, and
establishes an investment plan that outlines the planned uses of
resources.
The Act also requires an extensive citizen participation which
mandates a sixty day public comment period as well as a public
hearing before the jurisdiction's legislative body. A public
hearing was held on February 25, 1992. The public comment period
ended on April 15, 1992, and the summary of citizen comments has
been incorporated into the CHAS.
The CHAS is exempt from environmental review under CEQA. This
statutory exemption is found in state Code section 15267.
The City's Draft CHAS identifies the following housing
priorities:
1. Preserve Castle Park Garden Apartments, Palomar Apartments,
Rancho vista Apartments, and Oxford Terrace Apartments
because they are "at-risk" of converting to market rate
rentals;
2. continue the City's housing rehabilitation program entitled
the Community Housing Improvement Program (CHIP);
3. continue to implement the City's Affordable Housing Program;
4. Assist low, moderate, and middle income residents to purchase
a home;
5. Develop a transitional housing shelter;
6. continue to support non-profit corporations to develop
affordable for-sale and rental housing;
7. continue to assist mobile home park residents who are faced
with rent increases and park closures;
8. continue to utilize the San Diego County Housing Authority
to represent Chula vista in providing public housing in Chula
Vista; and,
9. continue to utilize CDBG funds for supportive services for
residents with special needs.
~ q ..2...
As you are probably aware, the city is required by the state of
California to have a Housing Element as a part of the City's
General Plan. Staff coordinated the current development of the
city's Housing Element with the development of the CHAS. Goals
and priorities are parallel.
When the City Council reviewed the CHAS in February, the
following concerns were identified;
1. Currently, the City has 386 units which house very low income
people which are "at-risk" of converting to market rate rentals.
The city Council requested a Workshop regarding these "at-risk"
units, and a Council Workshop will be held as soon as HUD
produces the regulations necessary to begin preservation, staff
expects these regulations within the next two months;
2. Since a concern was raised regarding the use of non-profit
developers for only rental housing, staff has incorporated for-
sale housing by non-profit organizations into the CHAS; and,
3. Concerns were also raised concerning the feasibility of the
City becoming a Housing Authority. Staff is currently studying
the feasibility of becoming a Housing Authority and will report
back to the Council within six weeks.
FISCAL IMPACT: Not applicable.
;2.~~~
No.tice of Exemption
Appendix I
To: iLJ
Office of Planning and Rcscan;h
1400 Tenth Street, Room 121
SaCT:Imel1lo, CA 95814
From: (Public Agency) {'.uh- N {JwJ4
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Cowlly CIcrk . ili.L
County of ~ !JD
P () Box. IZ5'D
:'Sa.n L2,~t cA 1,,)1/;) - '/1 h
Project TItle: r~ 0/ CA.u)/1 (},S1o.. (lvw-rul,u"uoe.~ Jr(6)cI~ ::wa.bi 'J--
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Project location - Specific: ~ -().)( c0
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Project locallon - City: f,Ldv.. u.sfa.. Project locallon - County: ~ w:()
Description of Project: IhL (IHi' f'-'A.tA s".VL fIt)"<';~1 ft-ff(Jjda b 111~ <)/ro..:b.5r Id;',.kj ,:W
. . Ii U . ,/ I v /
d1f)(1/lff>(.,(} ,,)iuL/..~ fhOihdf '1.)/Y\O.fIUcJ/ (].I!,tudMU J/) t-/iI ::UIlf-iolx,v,-Y a-rd "
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Name of Public Agency Approving Project: rlt r/ (Mil V'6-!-o. ,
Name of Person or Agency Carrying Out Project: (~I 'I C/u,J. I),sh
Exempt Status: (ckck OM)
o Ministerial (See, 21080(b)(1); 15263);
o Declared Emergency (See, 2108O(b)(3); 15269(a));
o Emergency Projeet (See, 21080(b)(4); 15269(b)(c));
o Categorical Exemption, Sl:1te type and section number.
~Sl:1tutory Exemptions, Sl:1tc code number. IS;;)!" 7: 1InanuoJ) ~ l~flJJIU- iz; /..DIY or ModutCtf rn(~
, HoJs;'j ,
Reasons why project Is exempt: 7L. l'r!<J (iUev.. ) do-<.iJ r>oilldt
I J f
1n-f.A1 ;1w/!rf'A.d fVtd/n QCP,I.iA.J?"'l "1 AI..udJ.A:1.a.fl
5h..jlJ~ llUr..pnYl0 15;:)/"7,
lead Agency
Contact Person: {i.$suu fOJLr '"
ym-fifl (~nu.a.fJ tLS5 I '0kAL-L.
AM.ul1.M r , ~ ..Mnh,j tr
U'
Area Codeffclephone(ExlCnsion: ((0 I 9) k 7 / - ::IJI7
If filed by applic3nl:
1. Alt:lCh certified docwnenl of excmption finding.
2, Has a notice of exemption been filed by the public agency approving the projcct? 0 Yes 0 No
Signature:
Datc:
Title:
o Signed by Lead Agency
o Signed by Applicant
Dale received for filing al OPR:
Revised October 1989
~t(~~
;.1,1
CITY OF CHULA VISTA
Comprehensive Housing Affordability strategy
Fiscal Years 1991-1996
Portions of the Community Profile section
Prepared for the city of Chula vista
by the San Diego Association of Governments
") l-I S-
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Comprehensive Housing
Affordability Strategy
(CHAS)
u.s. Department of Housing
and Urban Development
Office of Community Planning
and Development
~
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Name of Jurisdiction(s) or Consortium:
.
City of Chu1a Vista
Contact Person:
Address:
Alisa Duffey Rogers
276 Fourth Avenue
Chula Vista, CA 91910
I T elep~~: :";":91_ 5 04 7
Type of
Submission:
(mark one)
W New Five Year CHAS
D Annual Update *
(mark one)
[Xl Initial Submission
o Resubmission
[] Amendment **
For Fiscal Year
For Fiscal Year
1992
through Fiscal Year 1996
* If an Annual Update, mark one
D Parts 4 (Resources) & 5 (Implementation) Only
rJ Parts 4 & 5, plus minor changes: (mark all those which apply)
Part 1 - Needs Assessment 0 Narrative 0 Tables
Part 2 - t..1arket & Inventory Conditions 0 Na~ralive [J Tables
Part 3 - Strategies 0 Narrative 0 Tables
..
For all amendments. specify the nature of t~e amendment below and attach amended portions to this cover sheet
Jurisdiction
Name of Authorized Official:
HUD Approval
Name of Authorized Official:
Tim Nader, Mayor
Signarure & Date:
Signature & Date:
x
x
~
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L. .'/
. !/'
lonn HUD-40090 (9/91)
COMPREHENSIVE HOUSING AFFORDABILlTY STRATEGY (CHASI
Table of Contents
Summary of CHAS Development Process
Introduction
Section I. Community Profile
Part 1. Needs Assessment
Table 1 A
Table 1 B
Part 2. Market and Inventory Conditions
Table 2A
Table 2B
Table 2C
Section II. Five Year Strategy
Part 1. Priorities/Programs
Table 3
Part 2. Available Resources
Part 3. Organization Capacity and Roles
Part 4, Barriers to Affordable Housing
Section III. One Year Action Plan
Part 1. Resources
Table 4/5A
Part 2. One Year Action Plan
for Fiscal Year 1991-1992
Table 5B
Monitoring Plan
Summary of Citizen Comments
Certifications
) 1./- /
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2
3
4
15
20
25
37
38
39
40
48
49
51
55
65
66
70
72
75
77
80
SUMMARY OF THE CHAS DEVELOPMENT PROCESS
In September of 1990, the city council appointed the Blue Ribbon
Housing Element Committee which was comprised of representatives
from non-profit corporations, housing developers, the city of
Chula vista commission on Aging, the city of Chula vista Planning
commission, the city's Housing Advisory Committee, and the San
Diego County Housing Authority. For almost a year, this
committee met to assess the City's needs, set priorities for
addressing these needs, and outline a strategy for meeting these
needs. This Committee provided valuable input into the
development of the City's updated Housing Element for 1991-1996.
Since the Housing Element and the CHAS development process
coincided, both documents are based on the input from the Blue
Ribbon Housing Element Committee.
In addition to input from the Blue Ribbon Committee, City staff
met with representatives from the California state Department of
Housing and Community Development in order to coordinate the
City's CHAS with the state of California.
The public comment period for the city of Chula vista's CHAS
began on February 15, 1992, and a public hearing was held on
February 25, 1992. The CHAS was also presented to the Housing
Advisory Committee, the Commission on Aging for their comments,
and the Human Relations committee. In addition, the CHAS was
mailed to three local non-profits and a local lender in order to
solicit additional comments from these groups. The CHAS was made
available to the public in City Hall and the City Library, and
summaries were published in the local newspaper on February 15,
1992 and April 18,1992.
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,.).. 1./ ~--
Introduction
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding assistance under certain
programs administered by the Department of Housing and Urban
Development (HUD) to submit a Comprehensive Housing Affordability
strategy (CHAS) to HUD for approval, A full CHAS is submitted to
HUD every five years, but the CHAS is updated on a yearly basis.
The CHAS is a comprehensive planning document that identifies the
city's overall needs for affordable and supportive housing and
outlines a strategy to address these needs. The Act requires the
City's CRAS to contain elements which describes the city's
housing needs and market conditions, sets out a five-year
strategy which establishes priorities for meeting these needs,
identifies resources anticipated to be available for the
development of housing, and establishes an investment plan that
outlines the planned uses of the resources.
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SECTION I. COMMUNITY PROFILE
PART 1. NEEDS ASSESSMENT
This part summarizes available data on the most
significant ,current housing needs of very low income,
other low 1ncome and moderate income families and
projects those needs over the five-year CRAS period.
This part also summarizes the most significant current
supportive housing needs of homeless persons and other
persons with special needs.
A. Housing Assistance Needs
1. Current estimates. Table lA, "Housing Assistance
Needs of Low and Moderate Income Households,"
provides data, updated to October 1, 1991, for the
city of Chula vista on housing needs of households of
very low income (0 to 50 percent of median income),
other low income (51 to 80 percent of median income),
and moderate income (81 to 95 percent of median
income). The data is further analyzed by household
characteristics: elderly, small and large family,
non-elderly.
Using this information, 47 percent (10,586
households) of the total number of renter households
in the City of Chula vista are low income. Of this
total, 7,199 households are very low income and
3,387 are other low income. A significant number of
these households are experiencing cost burdens in
terms of housing costs. Of the low income
households, 65 percent (6,922 households) are small
family households of 2 to 4 related persons,
According to the 1990 Census, of the city's renter
households, 3,399 or 15.2 percent live in overcrowded
conditions. This percentage applied to low income
renter households would result in 1,609 households,
"Overcrowded" is defined as a housing unit containing
more than 1.01 persons per room.
The San Diego County Housing Authority estimates the
number of low income households that meet Federal
preferences for priority admission to rental
assistance programs is 75 percent. Preference
households include unassisted very low income renter
households who pay more than half of their income for
rent, those living in seriously substandard housing
such as homeless people, or those households that
have been involuntarily displaced.
There are 1,887 households currently receiving
housing assistance in the City through HUD-
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;'d, /0
,'-"
administered programs, including section 8
vouchers/certificates, public housing, section 202,
and section 236. An additional 934 households are
assisted through California Housing Finance Agency
(CHFA) .
The housing needs of the elderly and persons with
disabilities not requiring supportive services
require architectural design features that
accommodate those with physical disabilities, access
to health care, grocery stores/pharmacies, and a
convenient, economical means of transportation.
Location, planning and design of these facilities
should facilitate social communication and
independence.
2. Five-year proiections. During the next five years as
part of its regional share, the city of Chula vista
is expected to need 1,428 new housing units for lower
income households, of which 821 are very low income
and 607 are low income housing units. In accordance
with state law, regional share identifies the need
for new housing units by jurisdiction and distributes
that need to all income groups. These are: very low
whose income does not exceed 50 percent of regional
median, low whose income is between 50 percent and 80
percent of the regional median, moderate whose income
is between 80 and 120 percent of the regional median,
and above moderate whose income exceeds 120 percent
of regional median.
Foreseeable changes in housing needs that may result
from those employed or expected to be employed in the
City, but not currently residing there, are
incorporated into the San Diego Association of
Government's (SANDAG) regional share calculation.
Foreseeable changes therefore would be reflected in
the city's total regional share of the 3,569 housing
units for the time frame of this CHAS,
As calculated by SANDAG, the City of Chula vista is
expected to assist 1,058 low income households during
the next five years as part of its fair share. Fair
share calculations utilize both the existing need and
the projected need based on growth. Housing units for
low income families, built to meet regional share
goals, are but one means of meeting fair share goals.
-5-
(, I / /
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B. Supportive Housing Needs of Homeless Persons
1. Current estimates. Table 1B, "Homeless Population--
Totals," provides the 1990 Census data on the
homeless in the city of Chula vista. It shows a
total count of 14 homeless persons. However, the
Regional Task Force on the Homeless prepared a report
for the South Bay sub-region which includes National
City, Chula Vista, Imperial Beach and a portion of
San Diego, and the report stated the number of
homeless to be between 135-200 on any given night.
Unfortunately, the report did not divide the city's
homeless population into specific categories such as
families, youth, single adults or elderly.
Therefore, for the most part, the City is forced to
use regionally accepted numbers for these categories.
The San Diego Regional Task Force on the Homeless
estimates that there are approximately 5,600 urban
homeless persons in San Diego County, of which 1,600
sleep in emergency shelters.
The Regional Task Force on the Homeless estimates that
families account for approximately 33 percent of the
homeless population in the region. Although the
exact number of homeless families is unavailable, the
estimate of 33 percent would result in 5 persons in
families in the City. These families tend to be
resident homeless families or transient, intact
families headed by a single parent, usually the
female.
The homeless youth population includes both runaway
and throwaway youth. Regionally, homeless youth
account for approximately 25 percent of the urban
homeless population. This translates to 4 youths in
Chula vista. Many of these youth, about 20 percent
of the 25 percent, are within the family units
described above. The balance, about 6 percent of the
25 percent, are teenagers on their own.
Unfortunately, the census figures on the
number of homeless youth do not give an accurate
picture of the number of homeless youth in Chula
Vista. South Bay Community Services (SBCS) reports
that they consistently shelter eight youths in their
homeless youth facility, Casa Nuestra. In addition,
the shelter turns away at least ten youths per month.
The youth in their facility are 70% homeless and 30%
runaways. Also, in the street Outreach Program run by
SBCS, their counselors reach approximately 150 youths
per year.
-6-
, ~1 LI- /.:2
Determining the number of homeless in Chula vista is
difficult. However, the estimates provided by the
Regional Task Force on the Homeless and South Bay
Community Services are probably the best approximations
available since these organizations specialize in the
problems of the homeless.
Adults account for approximately 75 percent, or 11,
of the urban homeless, This homeless category
includes families and single adults. The majority of
single adults are young males seeking employment.
Approximately 40 percent of urban single-homeless men
are veterans, about 25 percent of the single adults
are female, and 5 percent are elderly.
It is estimated that 33 percent of the single-
homeless-adult population suffer from severe and
persistent mental illness. Evidence indicates that
up to 50 percent of the County's homeless adult
population may be active substance abusers. Data is
currently unavailable regarding racial/ethnic status
of homeless, special needs by family type, and
special needs by sheltered and unsheltered status, as
noted in Table lC, Special Needs.
The facility and service needs of homeless families
and individuals are many and varied. These include
emergency shelter, transitional housing, social
services such as job counseling/training, mental
health services, and general health services.
Existing service agencies indicate that a growing
need exists for limited-term shelter or transitional
facilities for homeless individuals and families.
The special needs of the homeless who are mentally ill,
alcohol and drug abusers, victims of domestic violence,
and runaway and throwaway youth are group specific.
Mentally ill homeless persons require housing
supported by mental health care and counseling.
Alcohol and drug abusers require treatment facilities
and programs and medical and social support. victims
of domestic violence need shelter and social services
related to making the transition to independent
living. Runaway and rejected youths require
shelter and counseling and social services related to
reintegrating them with their families or enabling
them to live independently. For those homeless who
are dually diagnosed, i.e., mentally ill and
substance abuser, special treatment programs are
needed.
The County Department of Health Services is
participating in two new projects directed at
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.J 1./ I '-',
~ ' ~ /\
assisting mentally ill homeless persons:
a. stewart B. McKinney/MIMH Homeless Research
Demonstration Project: A three-year research
demonstration project targeting severely and
persistently mentally ill homeless persons.
Participants (360) are randomly assigned to one
of four conditions involving case management
services combined with various housing options.
b. Collaborative Transitional Housing Project: A
transitional, supported housing project for
homeless persons managing severe and persistent
mental illness and alcohol and/or drug abuse
problems.
2. At-risk population. The "at-risk" population are low
income families and individuals who, upon loss of
employment, would lose their housing and end up
residing in shelters or being homeless. Low income
families, especially those that earn less than 30
percent of the regional median income, are especially
at risk of becoming homeless. These families
generally are experiencing a cost burden of paying
more than 30 percent of their income for housing or,
more likely, a severe cost burden of paying more
than 50 percent of their income for housing. Based
on regional percentages reported in the 1987 American
Housing Survey, there are an estimated 3,251 low
income renter households paying more than 50 percent
of their income on housing in the City of Chula
vista. These households are at risk of becoming
homeless.
But it is not only the very low income households
which are at risk. According to Lomas Mortgage USA,
San Diego is the second least affordable city in the
nation for housing. Sudden unemployment in a two-
income family can precipitate homelessness when there
is no cheaper housing available for the family.
Overall, Harvard University estimates that nationally
the average household is just four paychecks away
from being homeless.
The at-risk population also includes individuals who
are in imminent danger of residing in shelters or
being unsheltered because they lack access to
permanent housing and do not have adequate support
networks, such as a parental family or relatives
whose homes they could temporarily reside. These
individuals, especially those being released from
penal, mental, or substance abuse facilities, require
social services that help them make the transition
back into society and remain off the streets. Needed
-8-
) V. /LI
services include counseling, rental assistance, and
job training/assistance.
C. Supportive Housing Needs for Others with Special Needs
1. Current estimates. The following information was
gathered from a variety of sources. It is typically
regional in scope because of the lack of more
specific local data.
a. Elderlv and frail elderly. Table lA provides
data for the City on elderly households. It
shows that there are approximately 2,927 low
income elderly renter households. Based on
regional percentages, 43 percent of low
income elderly renter households are estimated to
pay more than 50 percent of their income for
housing. The health and social needs of these
elderly persons are significantly impacted when
so much of their limited resources goes to
housing.
According to the San Diego County Area Agency on
Aging, the population over 65 years of age has
four main concerns:
(1) Income - People over 65 are usually retired
and living on a fixed income which is
typically half that of those under 65.
(2) Health Care - Because the elderly have a
higher rate of illness, easy access to health
care facilities is crucial.
(3) Transportation - Many seniors utilize public
transportation. However, 13.8 percent of
individuals age 65+ have a public
transportation disability which necessitates
the use of other modes of transportation.
(4) Housing - Of those over 65 years of age, 40
percent rent and 25 percent live alone
(Countywide figures).
These characteristics indicate the need for
smaller, low cost housing units which have easy
access to public transportation and health care
facilities. These factors should guide the
development of new housing for low income elderly
households.
The housing needs of the
supportive housing, such
facilities, group homes,
elderly include
as intermediate care
Single Room Occupancy
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(SRO) housing, and other housing that includes a
planned service component. Needed services
include personal care, housekeeping, meals,
personal emergency response, and transportation.
A social worker should assist the elderly
returning to the community from a health care
institution.
Supportive services for households of the elderly
and frail elderly are provided, in part, by the
Area Agency on the Aging (AAA) in San Diego
County. The major goals of the AAA are to secure
maximum independence for the elderly, to prevent
unnecessary institutionalization, to reduce
isolation and loneliness, to improve health and
well being, to assist the vulnerable or frail
elderly, and to ensure quality of life in long-
term care facilities.
The AAA services include meals at senior centers,
meals to homebound seniors, legal assistance, in-
home support adult day care, transportation, and
part-time employment. These are made available
through contracts with service providers. The
AAA also offers services through an Information
and Referral Program and a Long-Term Care
Ombudsman Program. Case management services
include a Multi-purpose Senior services Program,
the Linkages Program, a Management and Assessment
of Social and Health needs program, and an AIDS
waiver Program.
In addition to the services provided by AAA, the
City of Chula vista operates the Norman Park
Senior Center which provides social and recreational
activities, Information and Referral Services, Meals
on Wheels, Shared Housing Services, legal services,
and In Home Supportive services are also based in the
Center.
b. Persons with phvsical disabilities. Based on the
SANDAG factor of 7 percent of the total
population having a disability, it is estimated
that there are 4,782 households with a physical
disability in the city of Chula vista. This
segment of the population is increasing due to
lower death rates and higher longevity rates
resulting from advances in medicine. The special
needs required for housing physically disabled
individuals include not only affordability but
also special construction features to provide for
access and use according to the particular
disability of the occupant. The location of
housing for disabled people is also important
-10-
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c.____ . . ....c
because many such households need access to a
variety of social services and to other
specialized services throughout the County.
In addition to the housing needs of physically
disabled persons described above, there should be
support services designed to meet the needs of
the particular individual. A social worker
should assist persons returning to the community
from a health care institution.
The city of Chula vista provides CDBG funds to the
Community Service Center for the Disabled. The Center
provides a whole range of activities for the disabled.
c. Persons with mental illness.
The following section provides conservative
estimates of need based on the California
Department of Mental Health standard that one to
two percent of persons in the general population
suffer a serious mental illness. There are an
estimated 1,998 adults who suffer from serious
and persistent mental illness, based on the
city's 1990 Census adult population of 99,922.
Among persons who suffer from serious and
persistent mental illness, there is a substantial
need for stable, decent housing.
The lack of access to this basic need often leads
to mentally ill persons being homeless, near-
homeless, or living in unstable and/or
substandard housing situations. It is estimated
by the Regional Task Force on the Homeless that
one-third of persons who are homeless also suffer
from serious and persistent mental illness.
Based on 1990 Census figures, this represents 5
persons in the city. An estimated 50 percent of
the homeless mentally ill also have substance
abuse problems, In the City of Chula Vista, this
translates to 7 persons, The major barrier to
stable, decent housing for the seriously mentally
ill is the availability of affordable housing. A
substantial majority of persons in this
population depend solely on Social Security
Insurance payments of approximately $600 per
month. Based on federal housing standards,
affordable rent payments should be slightly over
$200. Relative to their income, few persons in
this population can afford rental housing on the
open market.
Of those persons living in the urban San Diego
County area who are being served by San Diego
-11-
c) ~/- / '7
County Mental Health Services (SDMHS),
approximately 80 percent of clients have an
annual income of $12,000 or less -- an income
below the $13,600 maximum annual gross income for
the section 8 program.
d. Persons with developmental disabilities. Area
Board XIII, the advocacy organization for
developmentally disabled persons in San Diego
County, states that 25,450 to 54,620
developmentally disabled persons reside in San
Diego County, Historically, housing for
developmentally disabled persons in group
homes is cited in the Annual Program Development
Fund Needs Assessment.
However, the Department of Developmental Services
in Sacramento reports, in its recent study, that
there are 25,450 developmentally disabled adults
in San Diego County.
The San Diego County Regional Center (SDCRC)
prepares a Resource Development Plan annually
which is presented to the State Department of
Developmental Services. SDCRC's philosophy is
that all developmentally disabled adults who are
unable to live on their own should reside in
group homes with 6 or less persons or with their
families. SDCRC reports that in the past year there
were at least 49 developmentally disabled persons
whose housing needs were left unmet for six
months.
e. Persons with the HIV infection and with AIDS.
The following provides a rough estimate of
current and future housing assistance needs for
persons living in San Diego County with the HIV
infection, and with AIDS. These estimates are
based on assumptions rather than solid data. The
figures should be regarded as a "best guess"
given current knowledge, particularly when they
are broken down into small numbers by individual
jurisdictions.
Most available HIV/AIDS planning documents have
not attempted to estimate or project housing
needs. Several reports, however, have estimated
that 5 percent of all people with HIV infection
may need 90 days of temporary shelter during the
course of a year, and that 5 percent of persons
with AIDS need group home or long-term
residential placement of up to 12 months.
County-wide Estimates. It is estimated that
-12- ,;J II- / f(
there are nearly 30,000 persons with HIV
infection in San Diego County. Five percent of
that total would indicate that 1,450 to 1,500
people with HIV infection will need 90 days of
temporary shelter during 1991, that is 130,000 to
135,000 bed-days or a daily average of 350 to 370
beds. This number would still be within the
expected range for 1992-1995.
To estimate the number of people living with AIDS
in the county of San Diego, figures are
extrapolated from the State projections for 1991
and 1992. These assume a similar growth in
numbers of persons living with AIDS through 1995.
Estimates by Specific Jurisdictions. The only
basis to estimate distribution of HIV infection
and/or AIDS by jurisdiction within the County is
through zip code analysis of an individual's
place of residence at the time of their
diagnosis. Assumptions must then be made that
this distribution does not change over time, and
that HIV infection is distributed in the same
proportions as AIDS case reporting.
The percentage of cumulative case reporting in
the city of Chula Vista, as a percentage of the
regional total, is 2.26 percent. This translates
to 50 cases when applied to the County case total
of 2,211. This proportion of the County-wide
estimates is also applicable in terms of 90-day
shelter and long-term housing needs for 1991.
Long-term housing need estimates for those with
HIV should be increased 33 percent annually
through 1995,
f, Foster Children. The County Foster Care Program
is financed by the state of California. Under
this program, a licensed family may receive $350-
$500 a month for foster child. The average
number of monthly placements of foster children
rose to 6,283 in 1989-90 from 2,781 placements in
1984-85, an increase of 126 percent. There are
currently 6,283 children in foster care.
Inadequate housing for families seeking foster
care placement is not significant. The housing
needs of foster children are greatest when the
foster child reaches the age of 18 years and no
longer qualifies for State-funded foster care.
It is estimated that one-third of those currently
in foster care will become homeless when they
reach the age of 18 years.
-13-
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According to the Child Services Division of the
County of San Diego Health Services Department,
rental assistance is the best way to prevent
homelessness among foster care children reaching
the age of 18 years. However, given the limited
funding and constraints involved with federally-
funded rental assistance programs, it is not
currently possible to target federal rental
assistance to this population.
g. Families Participatinq in Self-Sufficiencv
Proqram. The county Housing Authority (CRA)
estimates that between 1992-96, approximately 500
households currently on the federal section 8
Rental Assistance Program waiting lists would be
eligible to participate in a Housing Authority
self-sufficiency program. The CRA administers
the section 8 Rental Assistance Program in the
City of Chula vista through a cooperative
agreement with the CHA. The city could therefore
expect to have a certain number of eligible
households residing in the city. The exact
number is unknown due to the fact that this is a
tenant-based assistance program and thereby
allows for the mobility of participating
households. The Housing Authority is currently
formulating a self-sufficiency program to address
the federal legislation which mandates this
program in 1993.
The Self-Sufficiency Program is a cooperative effort
between the CRA and the Department of Social Services
to encourage people not to rely on public assistance.
-14-
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CHAS Tables 18 & 1C
U.S. o.par1rnent of Houllng and Urban o.\I.lopment
Office ot CommunIty PI&f'lM'~ and DewlOptT'lent
Homeless Population
ComprehenSive Housing Affordability Strategy (CHAS)
Nvne 01 JUflSOfClon(.) or Cc>"-O~um:
Chula Vista
Table 18 Calegoty
Totals 1.
u.rttone"
fZJ All Homalass
o Rac.aVEthnlC Group (Spocly)
FIY'I v.... Pe"OCI ("'lk fiscal yr..)
FY
~I'\FY:
.lal
(AI
92
Sheltered
(81
96
UnlhelL8red
(C)
N A
N A
N/A
2. Numb4H 01 Persons In
famIlies wnh Children
3. Num~r of IndIViduals not
tn Familiu with Chikjr.n
4. ctal arsons/IndIViduals
(lina.2.3)
5
9
o
o
5
9
14
o
14
Table 1 C
Special Needs
C.olttgory
Number of FamiM" ...,Itl Chi~.
Shelwed Unlh.".1'I<l
IAI (8)
Number of Ino'o'td:.laJs
She/Wed Unlheltared
IC) (01
1, M.ntally III
N / A 2. Drug Abu..
3, Alcohol Abus.
4, VICtims of DomasllC
Violence
S. RunawaylAbandoned
Youth
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. Inc:klde '&mil.. wnh hMd of houMI'lok:l or lPOU" having ... charaaerilticllia-.d.
-20-
term MU~OOiO (61U.l~1.)
...2 L/..2(:
CHAS Tables 18 & 1 C
U.S. o.putment 01 Hou.lng and Urban o.velopmenl
Office of CommunIty Plannu''lQ and o.e...lOpmenl
Homeless Population
Comprehensive Housing Affordability Strategy (CHAS)
N~",",' of JurisOtOlOl'1(') Of Conaol'tlum:
"r1l~:
o All Hom.loss
/RJ Rac:iaVEthnoc: Group (Sooc'Y)
His anic
Clal
(A)
f"", v.., PenOCl: j...,... fiscal yrl.)
FY: ~I'\F'(
Chula Vista
Table 18 C.tegory
Totals 1.
92
Sheltered
(81
96
Unll'llltered
(C)
N/A
2. Number of P,rsons In
famlli,s with Childr.n
3. Number of Indrvlduals not
in Families wrth Children
4. otal .t'$onsllndrvldlJals
(linas 2.3)
Table 1 C
Special Needs
ColOgcry
Numb<< or FamiNes wll" Chi~.
Shelwed Un""-'.~
(A) (8)
Number of Ina'o"lOJall
Shel.,ed UnlheUel'Vd
(C) (D)
1. M.ntally III
N I A 2. Drug Abus.
3. Alcohol Abuse
4. Victims of DomestIC
Violence
S. Runaway/Abandoned
Youth
6. Othar;OCOQ'Y)
. Indudll lamil... wiU'1 hMd of houMhok:i Of .pau.. havW\g ... ct'la"aerilbc::lli.-.d.
-21-
term HUo..cOOiO (6114'g'l
d I/_j?
CHAS Tables 18 & 1 C
U.S. c.partment of Hou.lng and Urb.n Development
Offic.e 01 Commufllty PlannH'~ and DewlOpmenl
Homeless Population
Comprehensive Housing Affordability Strategy (CHAS)
N.a.~ or Junl(lIClorl(') or Cof\lOl'1lum:
Chula Vista
Table 18 Cotegory
Totals 1. umber 0 om".. wn
Children -
2. Number 01 Persons In
famIlies wil:h Children
Mai1l cne:
o All Homoless
[K] RaciaVElhnic Group lSooc'Y1
Black
Clal
(A)
F,.,. v..., Penoo: (~* fIIal yr, )
FY: ,,~,., FY:
92
Sheltered
(8)
96
Unstlelt8red
(C)
N/A
3. Number of IndiViduals not
in Families with Childr.n
4. otal IT$ons/lndlVaduals
(Unes 2.3)
Table 1 C
Special Needs
ColOgcry
Numb<< 01 Fam44iel With Chikirwl.
$helWIld Un.,.,el.rwd
(AI (8)
Number of Indl....c1JaJ'
Sheltltfed UnsheU81'8d
(C) (D)
1. Montally III
N / A 2. Drug Abusa
3. Alcohol Abu..
4. VCtlms 01 Dom.stic
Violence
5. Runaway/Abandonad
Youth
6. OthOl(ococ'Y)
* lrduc>> fen... wdh heed of houHhold Of .pau.. hawlg ... chatac:teri.tic:a Ii.-.cl.
-22-
torm HU~OOIlO (&'1L'91)
--2 ~I/;J )(
CHAS Tables 18 & 1 C
U.S. o.partm.nt or Hou.lng .nd Urb.n O'....lopm.n1
Office of CommUnJl'Y PlannH"\'g and o....lOpment
Homeless Population
Comprehensive Housing Affordability Strategy (CHAS)
Nvn. of JVflaClIC!()I"Ij') Of Conaol'tlum:
Chula Vista
Table 1 B ategcry
Totals 1. um~r 0 amlles wn
Children
2. Number 01 Persons In
families with Children
3. Number of IndIViduals not
in Famdias wrth Children
Mar1l.~:
o All Homolass
IKl RaClaVEthnic: Group (Sooc'Y)
Asian / Other
Clal
(A)
FIW Year PeI'\Od: (~.,. bCllI yr, )
FY: t!'l~,., Pr"
9Z
Sheltered
(81
96
Unsneltsred
(C)
N/A
.4. otal lf$onSllndiVlduals
(Linos 2.3)
Table 1 C
Special Needs
ColOgcry
Numbef of F.mi~... wuh Childrwon-
Sh.wed u".".h.~
(A) (81
Number of Indl'o'lOJaJs
She{tltred Un$heltsred
(C) (01
1. Montally III
N/A
2. Drug Abusa
3. Alcohol Abu..
.4. Victims 01 Domestic
Violence
S. Runaway/Abandoned
Youth
6. Otho((ococ'YJ
* Include famill.. wi1h hMd of houMhok:l or .pau.. having .... cN;l'Kteri.bct ~.ted
-23-
form HUo..cOOiO (&ll4Jilj
'1 L/_ )Y
'-~,' [?"'--- /
CHAS Tables 18 & 1 C
u.s. o.partmenl of Hou.lng and Urban o.velopment
Office 01 Community PIat'lnu'lQ and DevelOpment
Homeless Population
Comprehensive Housing Affordabjlity Strategy (CHAS)
Ma~ one.
o All Homal.ss
[XI Rac:iaVElhnoc: Group lSooc'Y)
Native American
Clal
(A)
FfW v..... P.nOCl: (...,... flaQI YII I
F'Y: e'I~"F"Y.
N.&.'"le 01 JvflJCliOlon\J) Of Conaof'tlum:
Chula
Table 18
Totals 1.
Vista
Categcry
2
Sheltered
(8)
96
Unstlelter8d
(C)
N/A
2. Number of Persons In
families with Children
3. Number of IndIViduals not
in Famllias wl1.h Children
4. otal ersonsilndlVKJuals
(Lines 2.3)
Table 1 C
Special Needs
CalOgety
Numbef of F.mi~.. WIth Chi~.
SI'1e1wed Unll'l.U.red
(A) (81
Number of Ino'll'lOJals
SI'1e1*ed Unshelwred
(C) (01
1. Montally III
N / A 2. Drug Abusa
3. Alcohol Abu..
4. Victims of Domlstic
Violence
5. Runaway/Abandoned
Youth
6. Other {.ootQf';J
. lndudl fam6l.1 wrtl hMd of houMhoId O1lpou.. haW'\Q ... cNnlc::terilbCIliatld.
-24-
term HUt)...600iO (&'14/Sl_1)
~ L/~? ()
PART 2. MARKET AND INVENTORY CONDITIONS
This part summarizes local housing market and
inventory characteristics, including trends in
population, household formation and housing, as
well as information on the assisted housing and
public housing stock. It also summarizes the
facilities and services available for homeless
persons and other persons with special needs.
A. Housing Conditions
1. Population and Minoritv Data. Table 2A, "Population
and Minority Data," provides 1990 U.S. Census data
for the City of Chula vista on the total population,
and the numbers classified as White (non-Hispanic),
Black (non-Hispanic), Hispanic (all races), Native
American (non-Hispanic), Asian/Pacific Islander and
Other (non-Hispanic). It provides similar
information from the 1980 U.S. Census.
The 1990 population totals 135,163 persons, of which
50 percent are White, 4 percent are Black, 37 percent
are Hispanic, less than 1 percent are Native
American, and 8 percent are Asian/Pacific Islanders
and Other. Of the total 1990 population, 1 percent
or 1,726 persons lives in group quarters. Of these,
1,462 persons live in institutional quarters and 264
live in non-institutional quarters.
From 1980 to 1990, the percentage of whites decreased
from 68 to 50 percent. Hispanics registered the
greatest increase from 23 to 37 percent. Blacks and
Asian/Pacific Islanders and Other increased from 2 to
4 and 6 to 8 percent for the same time respectively.
Native Americans remained relatively constant as
percentages of total population.
a. Concentrations of low income households. For
purposes of this CHAS, a concentration of low
income households is defined as a census tract
where the number of low income householdsr as a
percent of all householdsr exceeds the regional
average of 38.4 percent. A high concentration is
defined as a census tract where the number of low
income households, as a percent of all
households, equals or exceeds double the regional
average or 76.8 percent.
Household income information is not yet available
from the 1990 Census. Therefore, 1990
SourcePoint income estimates were used to arrive
at current estimates of concentrations of low
income households. These are based on 1980
-25-
') L!j' "/,/
/-- \
.,,- ~/
census tracts. A small number of census tracts
overlap with neighboring jurisdictions.
There are thirteen low income concentrated census
tracts in the City (100.07, 101.03, 123.02,
124.01, 124.02, 125, 126, 127, 130, 131.01,
131.02, 132.01, 132.02). There is one high
concentrated low income census tract (123.02).
b. Concentrations of racial/ethnic minority
households. For purposes of this CRAS, a
concentration is defined as a census tract that
has a higher percentage of minority population
than the regional average. A moderate
concentration is defined as a census tract having
more than one and one-half times the regional
average of minority population. A severe
concentration is defined as a census tract having
more than two times the regional average.
According to the 1990 Census, the regional
population averages for racial/ethnic minority
groups were 6 percent Black (non-Hispanic), 7.4
percent Asian/Pacific Islander (non-Hispanic), .7
percent Native American (non-Hispanic), .1
percent Other (non-Hispanic) and 20.4 percent
Hispanic. Thus, the region's minority population
as a percent of total population is 34.6 percent.
Concentrated.
There are twenty-eight minority concentrated
census tracts (100.07, 101.03, 123.02, 124.01,
124.02, 125, 126, 127, 128, 129, 130, 131.01,
131.02r 132.01, 132.04, 132.03, 133.01r 133.02,
133.03, 133.04, 133.05, 134.01, 134.05, 134.06,
134.07, 134.08, 134.09).
Moderately concentrated.
There are twelve minority moderately concentrated
census tracts (100.07r 101.03r 125, 126, 131.01,
132.01, 132.03, 132.04, 133.02, 133.03, 133.04,
133.05) .
SeverelY concentrated.
There are three minority severely concentrated
census tracts (100.07, 101.03, 132.04).
2. Housinq stock inventorv. Table 25, "Market and
Inventory Conditions--Housing Stock Inventory,"
provides data for the City of Chula vista on the
total number of year-round housing units by occupancy
-26-
J I-/ ~\ .2
, /
C ' ~
status and housing condition. Rehabilitation figures
were arrived at based on the City's 1988 HAP.
There are a total of 52,042 dwelling units, of which
96 percent are occupied and 4 percent are vacant. Of
the 49,908 occupied units, 23,307, or 47 percent are
renter occupied. The remainder, 26,601, or 53
percent are owner occupied units. Of the 2,096
vacant units, 973 are available for rent and 602 are
available for sale.
Of the total housing stock which is either occupied
or available for rent or sale, 2,437 units are
"needing rehab" and 184 units are not repairable.
The City uses section 8 Housing Quality Standards as
the basis for determining qualification for needing
rehab and not rehabbable.
Demand for all housing units, as measured by vacancy
rates, varies by community. According to the Department
of Finance (DOF), the vacancy rate on January 1, 1991
for the City was 4.0 percent, thus indicating a tight
rental market.
Siqnificant market and inventory conditions.
According to Dataquick, the median resale housing
price for a single family detached house in the San
Diego region in June, 1991 was $183,000. The median
resale price for a single family detached house for
the City of Chula vista was $171,500 for the same
month. The California Association of Realtors
estimates that only 21 percent of all households in
the San Diego region could afford to buy the median
priced home in 1990.
The renter affordability gap, as defined by those low
income renter households experiencing a cost burden
or severe cost burden, is 6,396 and 3,251
respectively (see At Risk population discussion in
Part 1, B.2).
Potential constraints upon the maintenance,
improvement, or development of housing are discussed
in two contexts: governmental and non-governmental.
Governmental constraints include Article 34 of the
California Constitution, land use controls, building
codes, site improvements, development fees, and
processing and permit procedures. These constraints
can be mitigated by the City through a variety of
means including: designation of large amounts of
land for all types of residential development,
development fee waivers for affordable housing, and
expeditious permit processing. In fact, as stated in
the City'S Housing Element, the City has designated
-27-
)t/_'7<?
v /> /'
large amounts of land for all types of residential
development and provided for both expeditious permit
processing and parallel processing.
Non-governmental constraints include land costsr
construction costs, and financing. All three of
these costs tend to be determined at the regional,
state and National levels by a variety of private and
public factors. Local jurisdictions therefore, often
have little influence or control over these cost
constraints.
3. Assisted housinq inventory. Table 2C, Assisted
Housing Inventory, provides data on housing stock by
federal assistance programs. Out of a total of 2,471
assisted units, there are 755 project-based tenant
assistance units and 1,716 tenant-based tenant
assistance units.
At-risk rental units. The City of Chula vista does
not anticipate the loss of rental housing from the
assisted housing inventory through public housing
demolition or conversion to homeownership during the
time frame of this CHAS. According to the California
Housing Partnership Corporation, the City presently
has five projects that could be classified as at-risk
of conversion to homeownership through prepayment or
voluntary termination of a Federally assisted
mortgage with the earliest possible termination date
in parentheses: congregational Tower (1990), Palomar
Apts. (1990), Rancho vista Apts. (1991), Castle Park
Garden Apts. (1991), and Oxford Terrace (1992).
The City does not anticipate a loss of these five rental
projects because the Redevelopment Agency of the City of
Chula vista is currently working to preserve these units.
4. Use of funds. Because of the factors cited above,
priority in the use of funds will go to the
preservation of at-risk rental units.
B. Inventory of Facilities and Services for Homeless Persons
The narrative for this section is reflective of the
homeless facilities and services currently operating in
the city of Chula vista. In addition, a listing of
regionwide shelters is provided.
1. Emerqencv shelters and transitional housinq
facilities.
South Bay Community Services, Inc. operates an
eight bed shelter for both homeless and runaway
youth.
-28-
,) 1-1_,7;'"1
The Inter-faith Emergency Shelter Program provides
twelve beds to homeless people during the months of
December to April. Twelve Chula vista churches
participate in the Program. The churches are allowed
this temporary use because the city Council has
amended the Municipal Code.
The La Quinta Motel in Chula vista participates in a
nation-wide effort by the Motel Owners Association of
America who volunteer to provide up to 10% of their
rooms a year for the homeless. This program provides
28 free nights a year for up to three nights per
family unit. The La Quinta Motel consistently uses
its quota of rooms per year.
2. Dav shelters. soup kitchens and other facilities.
Chula vista Welfare Council provides emergency
assistance to individuals or families in need of food and
clothing.
South Bay Community Services, Inc. provides food and
clothing to homeless and runaway youth.
The Chula vista Human Services Center provides food
to the homeless.
Lutheran Social Services provides food to homeless
people in Chula vista.
The Good Neighbor Center provides food and clothing
to homeless individuals in Chula vista.
3. Voucher proqrams.
Lutheran Social Services, Project Hand, provides bus
tokens and gas vouchers.
Lutheran Social Services and the Good Neighbor Center
administer the South Bay Voucher Program. The
Program provides homeless families and some single
adults with vouchers for a two-week stay in selected
motels. During periods of shelter voucher
availability, an average of five single adults and
twenty-five family members can be found in the two
participating motels.
-29-
! '/
~ -
-
'7'-,
5.
4. Social service proqrams for the homeless.
a. Lutheran Social Services, Project Hand, provides,
through a caseworker supported by the city's CDBG
funds, emergency food, clothing, financial assistance
for medical prescriptions, and information and
referral to emergency shelters.
b. South Bay Community Servicesr Inc. provides
youths alternate long-term placement planning,
ongoing support for the individual and/or family,
family reunification services, counseling,
employment assistance, tutoring, and school
assistance.
5. Homeless prevention programs and services.
South Bay Community Services, Inc. provides crisis
intervention and counseling to youths and their
families who are experiencing problems that may lead
to the youth leaving home.
-30-
)~lT./
~ /b
Shelters for the Homeless
in San Diego County
Program
Type
Bed Spaces
Central Region
Casa de Paz Case-Managed
Catholic Charities - House of Rachel Transitional
CWSS - Project Safehouse Case-Managed
Dust Off Transitional
Emmanuel House Night Shelter
Emmanuel House Night Shelter
*ECS - Capri Hotel Transitional
ECS - Julian's Anchorage Transitional
ECS - Transitional Housing Program Transitional
Forgotten in America Case-Managed
**ISN - PB/La Jolla Case-Managed (Oct-May)
ISN - Pt. Loma Case-Managed (Dec-Mar)
ISN - College Area Case-Managed (Nov-Jan)
ISN - Clairemont Case-Managed (Nov-Dec)
ISN - North Park Case-Managed (Jan-Mar)
ISN - southeast Case-Managed (Feb-Mar)
ISN - Wings Transitional
San Diego Co. Mental Health Svcs Case-Managed
st. vincent de Paul - Emerg. Shelter Case-Managed
st. vincent de Paul - Maher Center Night Shelter
***SVDP - Transitional Housing Program Case-Managed
SVDP - Transitional Housing Program Case-Managed
SVDP - Joshua House (AIDS Clients) Transitional
Salvation Army Case-Managed
Salvation Army Case-Managed
San Diego Rescue Mission Night Shelter
San Diego Rescue Mission Case-Managed
****SDYCS-The Bridge (runaway youth) Case-Managed
SDYCS-The Gatehouse (runaway youth) Case-Managed
SDYCS - The Storefront (homeless youth) Case-Managed
Southeast Emergency Qtrs. Case-Managed
Serenity House Transitional
united States Mission Night Shelter
YWCA - Women in Transition Transitional
Total (including 72 ISN seasonal spaces)
*ECS = Episcopal Community Services
**ISN = Interfaith Shelter Network
***SVDP = st. vincent de Paul
****SDYCS = San Diego Youth Community Services
-31-
30
11
9
18
8
15
8
15
14
5
12
12
12
12
12
12
20
34
165
160
110
45
8
60
45
114
135
6
6
15
23
21
35
14
1235
~ifJ7
Shelters for the Homeless
in San Diego county
Program
Type
Bed Spaces
East county
*ISN Case-Managed (Feb-May) 12
Halcyon Center Case-Managed 12
San Diego Youth Involvement Case-Managed 23
**VOA - East County Emerg. ShelterCase-Managed 19
Total (including 12 ISN seasonal spaces) 66
North County Inland
*ISN
The EYE - Hidden Valley House
North County Interfaith Council
st. Clare's Home
***NCIC Family Shelter
Total (including 12 ISN seasonal
Case-Managed (Nov-May)
Crisis:Transitional
Case-Managed
Transitional
Case-Managed
spaces)
12
30
10
60
14
126
North county Coastal
Casa de Amparo Case-Managed 26
Catholic Charities - Good Samaritan Case-Managed 12
Community Resource Center Night Shelter 8
North County Chaplaincy Night Shelter 13
*ISN - Oceanside Carlsbad Case-Managed (Nov-Feb) 12
*ISN - San Dieguito Case-Managed (Jan-Mar) 12
House of Martha and Mary Case-Managed 6
Women's Resource Center - Gateway Case-Managed 22
YMCA - Project Oz (runaway youth) Case-Managed 6
Total (including 24 ISN seasonal spaces) 117
South Bay
Casa Nuestra
Case-Managed
8
County-wide Total (including 120 ISN seasonal spaces and
excluding inclement weather shelters)
1552
*VOA = Volunteers of America
**NCIC = North County Interface Council
***ISN = Interfaith Shelter Network
-32-
~~~
C. Inventory of Facilities and Services for Persons with Other
Special Needs
1. Elderlv and frail elderlv. A wide variety of
facilities and services are presently available to
serve the elderly population. Facilities for the
elderly include licensed long-term care facilities,
intermediate care facilities, unassisted living
facilities, and senior centers through both the public
and private sectors.
Among services for the elderly are: adult day care,
basic needs and resources (help for those temporarily
unable to help themselves), crime/victim and legal
servicesr education services, employment and training,
emergency services, financial aid and benefitsr health
information, health services (inpatient and
outpatient), housing services, in-home services, mental
health services, protective and placement services,
substance abuse services, and transportation services.
The majority of elderly in the city of Chula vista have
access to these programs either through the Chula vista
Norman Park Senior Center or the Salvation Army, both
of which are located in central Chula vista on major
bus lines.
2. Disabled persons. A variety of facilities and services
are available to serve disabled persons.
a. Mentallv disabled. Regionwide, facilities for the
mentally disabled include hospitals, medical
centers, outpatient clinics, mental health
centers, counseling and treatment centersr
socialization centers, residential facilities for
children, crisis centers, and adolescent and adult
day treatment offices.
Services available regionwide through the County
Mental Health Services (SDMHS) and its contracting
agencies include: screening and emergency,
inpatient, partial day treatment, 24-hour
residential treatmentr outpatientr crisisr
community support, probation, forensicr program
review and development, case management, technical
and administrative, "Totline" telephone counseling
(for parents of children up to five years of age),
homeless outreach, AB 3632 (mental health services
for children in special education)r and volunteer
services. In addition to the services provided by
SDMHSr Kinesis South provides vocational training,
and the South Bay Guidance Center provides mental
health counseling for senior citizensr adultsr and
children.
-33-
) L/~-:; J
-- .
At present, there is a limited range of community-
based rehabilitative and supportive housing
options for persons not in crisis who need living
accommodations. Current SDMHS housing resources
for the region include the Supplemental Rate
Program (providing board and care with
supplemental services - 350 beds),
LongtermjTransitional Residential Program (group
living with supportive services - 26 beds)r and
Semi-supervised Living Program (transitional
living from the streets to group housing - 28
beds) .
Additional resources outside the SDMHS system that
are potentially available are referrals to
Community Care Facilities (board and care) -
approximately 1300 beds.
b. Developmentallv Disabled. The San Diego Regional
Center for the Developmentally Disabled is an
information clearinghouse and provider of services
for developmentally disabled persons. It is
responsible for providing diagnostic counseling
and coordination services. Regional centers serve
as a focal point within the community through
which persons with developmental disabilities and
their families receive comprehensive services.
The San Diego Regional Center is responsible for
providing preventive services, including genetic
counseling to persons who have or may be at risk
of having a child with a developmental disability.
They are also responsible for planning and
developing services for persons with developmental
disabilities to ensure that a full continuum of
services is available.
Training and Education for Retarded Individuals,
Inc. (TERI) is a private, nonprofit corporation
created for the purpose of developing residential,
educational and recreational programs designed to
serve individuals with developmental disabilities.
The United Cerebral Palsy Association of San Diego
County provides communication training,
prevocational testing and training, and social and
recreational activities for developmentally
disabled persons.
Association of Retarded Citizens, a privater
nonprofit corporation, provides job training to
the developmentally disabled in Chula Vista.
-34-
-2l-l Nf)
The City of Chula vista Parks and Recreation
Department assists with the special Olympics.
c. PhysicallY disabled. The majority of the
supportive services and housing assistance for
physically disabled persons are provided through
non-profit organizations. A primary provider lS
the Community service Center for the Disabled Inc.
(CSCD). CSCD services provide independence,
dignity and access to physically-disabled persons.
CSCD provides the following services:
Intake and Referral services are set up to
meet individual's needs and to seek
appropriate services from CSCD or from other
community agencies;
Personal Assistance helps disabled
individuals obtain personal care attendants
or homemakers, thus enabling them to live
independently in their own homes;
Housing Referral assists individuals to
obtain accessible and/or appropriate housing
that meets their individual needs;
Benefits counseling helps disabled
individuals apply for public benefits to
which they may be entitled, such as
Supplemental Security Income (SSI)r Medicare,
and Medi-Cal;
Employment Services are provided through the
Job Club that focuses on pre-employment
preparation skills;
community Living Program offers case
management services to help individuals move
out of institutional environments;
Transition project provides assistance to
young adults with disabilities moving from a
school setting to independent community
living arrangements;
Peer Counseling furnishes services and
opportunities for social contact and involves
areas such as individual, maritalr family,
and sexual counseling;
Transportation supplies limited service on a
fee basis for disabled individuals in need of
-35-
,:1 l-/_ 1//
transportation to medical, employment or
personal appointments;
Spoke Shop is a business enterprise which
offers medical supplies and sales, service
and repair of durable medical equipment such
as wheelchairs;
Public Relations and Development provides
public information to the community, manages
public relations events, produces fund
development special projects, supervises
volunteer coordination and membership
recruitment.
3. AIDS. Facilities, available regionally, include
residential units for persons with AIDS of 5 units
containing 50 beds, 6 hospices, 1 skilled nursing
facility, 2 resource centers, and 11 health
centers/clinics. Facilities serve AIDS patients
exclusively or in conjunction with other segments of
the population.
Services for persons with AIDS, funded by the County of
San Diego Department of Health Services through Title I
of the Comprehensive AIDS Resources Emergency (CARE)
Act of 1990, include primary health care, mental health
counseling, in-home care and treatment services,
dental, case management, recreation/social, outreach
and education, and transportation services.
The City of Chula vista also provides CDBG funds to the
AIDS Foundation of San Diego for services to Chula
vista residents.
-36-
~
d
0~
CHAS Table 2A
Population and Minority Data
U.S. o.pIMmenf of Hou.tng and Urban o.velopment
Office 01 Communlry Plannln~ and De....elopt"nenl
Comprehensive Housing Affordabilrty Strategy (CHAS)
N.a,,,,. 01 Junld'CllOl"l(I) or Col'llOrtlum"
i FIve y.., p."OCl: (~~ flacal yrs J
I FY: l1"I~~ FY
I
Chula Vista I 92 96
,
1 ~O Census Oata 1990 Census Oata
Col8gety or CUrTtlMI ElllfTlate
(A) (81
1. Total Populatlon 83,927 135,163
2. White (Non.Hispanic) 57,132 67,302
3 Black (Non-Hlspanoc:) 1 617 5,721
4. Hispanic (All races) 19 624 50,376
5. Native American 542 622
6. Asian and Pacific Islanders * 5 012 11,142
7. Group Quarter. 751 11726
8. Institutional 718 1,462
9. Non-Institutional 33 264
10. Houoehold Populotlon 83,176 133,437
*Includes "Other"
-37-
Ionn HUD-400lKl (5116191)
.;2 ~/- L/~-'
CHAS Table 28
Market and Inventory Conditions
Housing Stock Inventory
Name oj JUr1Id'etlor1(l) or Conaortlum:
Chula Vista
Cat8Qory Total
(A)
,. Total V.lr-Round Houalng 52 042
2. Total Occupied UMS 49 908
3. Renter Occupied Units 23,307
~. NeedIng Rehab 586
I
5. Not Rohabbabla 69
6 Owner Occupied Units 26 601
7. Needing Rehab 766
S. Not Rehabbabl.
112
9. Total Vacant Unrts
2 096
10. For Rent
973
". Needing Rehab 67
12. Not Rehabbabla
2
13. For Sale
602
1~. Needing Rehab
18
'5. Not Rahabbaolo
I
16. Awaiting Occupancy or Held
17. Other
U.S. o.putm.nt 01 HouaJng and Urban Development
Office oj Commul"lIfy Plannl~ ancl De'w'EIlOpment
Comprehensive Housing Affordability Strategy (CHAS)
FIW Year PeflOCl (enfaor fl&oai yrs.)
FY, 92 1""""'hFY 96
CheQ( one:
D 1 g Cen5U1
lXJ CUfT9nt eStimate as of: (entlfr <lal_)
October I, 1991
o or 1 be<t'ooma
(S)
2 bect-oom.
(C)
3 or more bed'"ooml;
(D)
-38-
form HUp..tOOiO (6,.'14191)
)1-/_ L1t.-!
.:..---x../ /
CHAS Table 2C
u.s. o."..rtf'noWIt 0' ~lng and Urtl." o.~l'TWI"'!t
Of'b QI Communrry PlanOl~ &r.:l o.....c:,~
Assisted Housing Inventory
~ol~'IOt~
Comprehensive HOUsirlQ AffOrda!l<lity Strategy (CHAS)
F.... v..~: ("'-lIIoC&l yl'l-J
F'(,
Chula Vista
VIrCuo'" FY
92 96
~E&DI'7W.t.e"~(...,...o.a:.l
October I, 1991
CaDtgOt'Y Tcl&l SAQ Oorl~. 2__ 3orm~ t>eattxlms
(AI (81 (CI (01 (EI
,. Project B.Nd
Tenant ......lalinoe 755
2 PUblIC HOUSing 83
3. SoctlOn 202 100
4. SectIOn 8
0
S. Othor HUD 572
6. FmHA
0
7. T.n.", e.....;
Tenant A...lstance 1,716
8. SoctlOn 8 1,716
9. Ot,,", Stal~ 0
10.Hol"rWOwnet
A...latanoe 0
Total So:x:. and Inwntory
-39-
10m> HUl).4OQ9O (511 c.'il I
/ L/_ IjL;
SECTION II.
FIVE YEAR STRATEGY
PART PRIORITIES/PROGRAMS
A. The Process Used to Arrive at a Five Year strategy
In determining the priorities and programs for the City of Chula
vista to be included in the five year strategy, several sources
were reviewed and analyzed. The sources were as follows:
1. The City of Chula vista is currently completing
the required five year review of the Housing
Element of the General Plan. The updated Housing
Element for 1991-1996 describes housing needs and
identifies eleven objectives to address the housing
needs of the residents of the city. Portions of the
Housing Element have been inserted into the CHAS where
applicable; and
2. Information from the Needs Assessment and Market
Inventory sections of the CHAS which were
provided by SANDAG based on the latest relevant
census data.
After reviewing these sources, it was evident that the City is
faced with a significant portion of its current population
earning less than 80% of County Median Income. In fact,
according to SANDAG, 47% of the city's total number of renter
housesholds are low income. As a result, it is evident that the
city must attempt to meet the needs of these people.
The City's Housing Element states that the market is currently
meeting the rental housing needs of those people whose incomes
are above 80% of County Median Income. For example, the average
cost of a two bedroom apartment in Chula vista is $710.00, and
this rent is less than 30% of the income for a family of four who
earns 81% of County Median Income or $33,453. Since the city has
a significant number of very low and low-income renters and the
market is meeting the needs of moderate income families, the city
is concentrating its resources toward very low and low-income
renters since they are facing a severe cost burden due to rental
rates in Chula vista. The city will also attempt to assist low-
income renters to become homeowners.
-40-
) 1/-1//
,C"--' 7,f/
B. Priorities and programs/Services
PRIORITY: Preserve the City's four apartment complexes which are
at-risk of converting to market rate rentals.
5-vear Results: Preserve 386 units of affordable
housing
Rationale: For the last 20 years, these
units have met the needs of very low and low-
income households. If the City allows these units
to convert to market rate rentals, a considerable
amount of the City's affordable housing stock will
vanish.
Prooram: Currently, the city is working
with a community-based non-profit corporation to
preserve these units. The Redevelopment Agency of the
City of Chula vista is evaluating the means to provide
some predevelopment costs and gap financing as well as
issue the Mortgage Revenue Bonds needed to acquire
these units.
PRIORITY: continue the housing rehabilitation, rental
rehabilitationr and mobile home rehabilitation programs in order
to preserve the City's aging housing stock.
Five Year Results: 200 mobile homes &
single family homes
25 rental units
Rationale: since the inception of the
Redevelopment Agencyrs rehabilitation programs,
these programs have served almost exclusively
very-low income households whose dwellings units
were in dire need of rehabilitation. In order to
preserve the City's aging housing stock and
provide decent places for people to live, the
Agency will continue doing both moderate and
substantial rehabilitations.
Prooram: currently, the Agency offers
3% deferred loans to very low-income households and
5% loans to low-income households in order to
rehabilitate their single family dwellings. For
mobile homes, the Agency offers grants up to
$1995.00 for very low income households, and any
additional rehabilitation costs are eligible for a
5% loan. For rental units, the Agency gives a 5%
loan to landlords in exchange for rents restricted
which are affordable to low-income households.
The City expects to receive HOME funds in the near
future and may use these funds for some of its
-41- .--1 l/- L/7-
rehabilitation activities.
PRIORITY: continue to implement the City's Affordable Housing
Program so that more rental and for-sale units are made available
to low, moderate, and middle income households.
Five Year Results: 250 low-income units
(80% and below)
345 moderate/middle income units
(81% - 120%)
Rationale: Chula vista is very fortunate
because a large portion of the city is yet to be
developed. In an effort to gain affordable units in
the undeveloped areas and promote a balanced community
the Affordable Housing Program was developed.
Proqram: The city of Chula vista's
Housing Element of the General Plan states that
any development over 50 units must provide 10% of the
units for low and moderate income households, with at
least one half of those units (5% of project total
units) being designated for low-income households.
The above units are based on current projects whose
tentative maps have been conditioned under the a
previous Program which required any development over 50
units to provide 10% of the units for low and moderate
income households. The units are expected to be built
by 1996.
To date, developers have provided these units with
little assistance from the City or the
Agency, and the City has gained more affordable
housing as a result. In the future, the Agency or
the City may assist developers so that more
low-income units are built, and the City is
planning to assist developers provide for-sale
units to moderate income households. In an effort to
assist developers with their rental requirements,
the City has suggested that for-profit developers
join with non-profit housing developers so that
the affordable units could remain affordable to
low-income households for longer periods of time.
-42-
? L//!/Y
.r / '
PRIORITY: Assist low, moderate and middle income residents to
purchase a home.
Five Year Results: 10 low-income homeownership
opportunities
94 mOderate/middle income
homeownership opportunities
Rationale: Since only 21% of all
households could afford to buy a home in the San
Diego region in 1990, the City must address
this problem in order to retain businesses and
attract new ones. Employees of businesses need homes,
and if the City lacks affordable housing, businesses
may decide to locate somewhere else.
Proqram: currently, the Agency
administers a Mortgage Credit certificate Program
(MCC) which allows eligible buyers to take 20% of their
mortgage interest as a tax credit on their federal
income taxes. To be eligible for the Program in non-
targeted census tract, a household must be a first time
home buyer, buy a home in Chula Vista, and earn less
than 115% of County Median Income. (A targeted census
tract is one where 70% or more of the households earn
80% or less of the County Median Income.) If
someone buys in a targeted census tract, they do
not have to be a first time home buyer, and they
can earn up to 140% of county Median Income. In
order to assure low-income households would have
access to a MCC, the city set aside 10% of its
allocation or 10 MCCs for low-income buyers (80%
or less).
The Agency is currently developing a "silent
second" program for low income home buyers.
The exact mechanics of the program have not
been worked out, but the Agency expects to
implement the program by fiscal year 1992-
1993. Silent seconds in conjunction with MCCs
will make homeownerhip a reality for many low-
income buyers who would otherwise never have been able
to afford a home of their own.
Currently, in conjunction with the MCC
Program, the Agency is working with mortgage
lenders who offer the Community Homebuyers Program
to first time homebuyers. The Community
Homebuyers Program is an effective way to assist
people to qualify for a mortgage loan. The
Program increases debt to income ratios, decreases
the amount of a down payment to 5%, and allows
-43-
.-,-2 1.-/- !/~l
part of the 5% down to be paid by a relative of
the prospective buyer. In addition, the Program
requires applicants to attend a home buyers
seminar which focuses on the escrow process, money
management and home maintenance. This seminar
provides the supportive services many first time
home buyers need. The Community Homebuyers
Program works well with the MCC Program because it
gets people into homes while the MCC Program helps
people stay there.
PRIORITY: Transitional housing.
Five Year Results: Develop or acquire and
rehabilitate a facility to house the
transitionally homeless.
Rationale: As discussed in Part I of the
CHAS, Chula vista's homeless population is greater
than previously thought. Since many programs are
available to house the homeless temporarilYr a
transitional shelter is needed so that Chula
vista's homeless can receive the needed supportive
services to ensure their successful return to the
community.
Proqram: CurrentlYr the City has
encouraged the South Bay Directors Council to
apply for Stewart McKinney funds and other funding
sources available for the development of a
transitional shelter. To date, South Bay
Community Services and st. vincent De Paul have been
the only two non-profits to seriously investigate the
feasibility of developing a transitional shelter.
The city will continue to give technical assistance to
South Bay community Services (SBCS), and SBCS is
currently attempting to identify a site for the
shelter. Once a site is identified, SBCS will apply
for McKinney funds, and the Agency will consider
supporting the project with both technical and
financial assistance.
SBCS is planning to establish a transitional housing
facility to house homeless families plus provide an
array of social services enabling them to become self-
sufficient.
-44-
_~ s/- 4/-)
PRIORITY: continue to support non-profit corporations to develop
or rehabilitate rental housing for very-low and low income
households. For-sale housing is also being considered for
moderate and middle income households.
Five Year Results: 85 very low-income rental
units
18 low income rental units
Rationale: In the pastr the City or the
Agency has assisted for-profit developers to
develop units for low income households. However,
these for-profit developers always insist upon
these affordable units eventually converting to
market rate rentals, and as a result, the City
only realizes the benefit of their investment for a
limited period of time. If a non-profit corporation
develops the housing, the units will be affordable for
the long-term, and the city or the Agency has invested
in an affordable project which will benefit very low
or low-income residents of the city for the usable life
of the rental units.
Proqram: The Agency or the city will continue to
invest in quality projects by non-profits which
provide rental units to very low and low-income
households. In the future, the city may use HOME
fund to assist non-profits with both the
development of the projects and rental assistance
so that more units can be reserved for very low
income households.
PRIORITY: continue to assist mobile home park residents who
are faced with paying increasing rents as well the closure of
their mobile home parks.
Five Year Results: continue to enforce the City's
Rent Review Ordinance so that mobile home
residents are not faced with huge rent increases.
continue to enforce the City's Mobile Home Park
Closure Ordinance which requires park owners to
provide relocation assistance to low-income park
residents when the owner decides to close the park.
Rationale: In the city, 35 mobile home parks
provide housing to many very low and low-income
families and seniors. without this form of
housing, many of these families and senior
citizens would be facing a severe cost burden for
housing, or they might not have adequate housing
-45-
~
)y-s /
at all. As a result, the city has made a
substantial commitment to regulate the City's
parks so that the park residents can retain their
affordable housing.
Proqram: The city's Rent Review Ordinance only
allows park owners to raise their rent by the
Consumer Price Index once a year. without this
control, space rents may continue to rise. As a
result, park residents may face a severe cost burden.
Additionally, the number of mobile home spaces are
shrinking because of park closures. Because of these
two factors, the affordability of mobile home rents is
endangered. Therefore, the city's Rent Review Ordinance
was adopted.
since very few spaces are available and park
closures are common if the land is zoned something
other than mobile home park exclusive, the City
also regulates park closures by requiring park
owners to provide relocation assistance to park
residents who are low-income.
PRIORITY: continue to utilize the San Diego County Housing
Authority to represent Chula Vista in providing public housing in
Chula vista.
Five Year Results: 38 very low-income rental units.
Rationale:
only allowed
In 1978, the
housing.
In California, pUblic housing is
in those cities with referendum authority.
voters voted to allow 400 units of public
Proqram: When the Housing Authority
identifies a site, the city staff assist by
facilitating the development process and assisting with
site approvals from the city Council. In some cases,
the City has waived fees for public housing
projects, and in some cases, the Agency has paid the
fees for the public housing project. The Redevelopment
Agency has also written down land costs and made grants
for project amenities.
-46-
n 1/
,~
/.' l
"--..-:1.
-'eo"
PRIORITY: continue to fund supportive services for residents
with special needs with CDBG.
Five Year Results: Use 15% of the City's CDBG
allocation for supportive services every year for
the next five years.
Rationale: Many non-profit social service
providers struggle to perform their services for
the residents of Chula vista because of budget
constraints. since the City believes the
supportive services these non-profits provide are
important to residents with special needs, the
City funds these non-profits to ensure that their
services will continue to meet the needs of the
residents of Chula vista.
Proqram: The City grants 15% of its
CDBG allocation and housing program funds to local non-
profits who provide supportive services for the
residents of Chula vista.
-47-
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-'~"-------_.__,-
PART 2: AVAILABLE RESOURCES
Unlike in the past, the production of affordable housing today
requires the utilization of many different funding sources. As a
result, it is important for a public agency to be aware of the
funding sources available to it and to the non-profits who
operate within its boundaries. Below, is a listing of funding
sources from which the City can draw from when implementing its
housing priorities.
A. PUblic Funds
1. Federal Funds Available to the City
- Community Development Block Grant Program
- section 8 Program (administered by the County of
San Diego Housing Authority)
- HOME Program
- HOPE Program
- New Construction Public Housing (The City has
authority to build public housing in its
jurisdiction.)
- Supplemental Assistance for Facilities to Assist
the Homeless (Other McKinney Funds)
- Federal Tax Credit Low-Income Housing
- LIHPRHA - Low Income Housing Preservation & Resident
Homeownership Act
2. Federal Funds Available Exclusively to Non-Profits
- section 202 Program
3. Funding Available from the State of California
- Proposition 84 Housing Funds
- Proposition 77 Housing Funds
- California Housing Finance Agency--New
Construction
- California Housing Rehabilitation Program
- state HCD Predevelopment Loan Program
- Mortgage Credit certificate Program
- California Low-Income Tax Credits
4. Local Resources
- Redevelopment Agency
The State of California Health and Safety Code
requires jurisdictions who incorporate
redevelopment areas to set aside 20% of their tax
increment for the productionr improvement, and
preservation of affordable housing. The City
-49-
~) !/_<:S
formed its Redevelopment Agency in 1978 and
currently has five redevelopment areas. From
these areas, the Agency can expect to set aside
approximately $960,500 per year. Currently, the
Agency uses these funds for rehabilitation
activities and operating expenses. since several
redevelopment projects will be completed in the next
five years, the set aside will most likely increase.
- Density Bonus
- Affordable Housing Program
5. Funding from Private Sources
- Savings Associations Mortgage Company (SAMCO)
- Local Initiative Support corporation (LISC)
- Local Banks. Because of the Community
Reinvestment Act, the Agency is working with
several banks to provide favorable loans for both
housing and economic development.
- California Community Reinvestment Corporation (CCRC)
- Federal Home Loan Bank Board's Affordable Housing
Program
- Low Income Housing Fund
- Foundations and local donors
-50-
,~!./- S-l
PART 3: ORGANIZATION CAPACITY AND ROLES
INSTITUTIONS
STRENGTHS
WEAKNESSES
Public
Dept. of Housing and Provides funds for Amount of
Urban Development affordable housing paperwork
activities required to
receive fund in
Limited fund in
Regulations
City of Chula vista Supports Agency Limited
housing activities staff resource
with resources, permit
processing practices, Limited Fundin
and zoning
Support of Affordable
Housing Program
Redevelopment Agency Provides funding for Limited
of the city of housing activities staff resource
Chula vista
Limited fund in
San Diego County Administers Insufficient
Housing Authority section 8 rental number of
Program & constructs vouchers &
Public Housing in certificates
Chula vista to serve the
city
county of San Diego Provides needed Limited
supportive services resources
to residents with
special needs
state of California Provides needed Amount of
funds for paperwork
affordable housing required to
receive fundin
Limited fundin
g
g
s
g
s
g
g
g
-51-
.,1 1/1 ~7
INSTITUTIONS
WEAKNESSES
STRENGTHS
Private
Lenders
u. S. Escrow
For-Profit Developers
Real Estate
Professionals
CRA requirements
Willingness to
participate in
the MCC Program
Experienced
Loan servicer
for rehabilitation
programs
Experience with the
development of housing
Willingness, in the
past, to develop
some affordable
housing
Ability to subsidize
some of the afford-
ability gap by
spreading costs among
other units in a large
development
Assistance with
identifying properties
for the Agency
Providing current
information on
for-sale housing costs
Willingness to promote
the MCC Program
-52-
Reluctance to
lend to non-
profits & very
lowr low &
moderate income
households
Amount of
paperwork
Concern about
profit and
marketability
impact of
participating
in City's
Affordable
Housing Program
Lack of
experience
working with
nonprofit
developers
concentrating
on high end
housing units
;2t/--~,Y
INSTITUTIONS
STRENGTHS
WEAKNESSES
NON-PROFITS
Limited
resources
Supportive Services
Agencies
Services for the
Homeless, the
developmentally
disabled, the physically
disabled, mentally
disabled, senior
citizens, & youth
Developers
Preservation &
Development of units
for very low & low
income households
Ability to get
financing not
available to for-
profit developers
Commitment to community
& to providing decent,
safe & affordable
housing with needed
social services to
lower income residents
Limited
resources
& need to
build
capacity
As the above chart displays, there are many organizations which
playa role in implementing the City's five year strategy. The
coordination of the above organizations rests with the Community
Development Department of the City of Chula vista. This
Department is responsible for policy coordination and
implementing the five year strategy. The Department is currently
working with the above described agencies to implement its
housing and social services goals, and this coordination effort
will continue.
After reviewing the above chart, it is readily evident that each
institution has its own strengths and weaknesses. Unfortunately,
many of these weakness are beyond the control of the Community
Development Department. However, the Department is currently
working with Lenders to improve their lending practices, with
for-profit developers in order to enlist their support of the
Affordable Housing Program, and with non-profit developers to
develop capacity. .
-53-
, --"1
.)JI' '7 /
The cost of providing affordable housing continues to escalate in
San Diego County. The largest gap in the delivery system
involves limited resources. Therefore, the City must continue to
work with commercial lending institutions, non-profit housing
developers, supportive service providers, and the County of San
Diego to continue existing partnerships and find new methods of
producing affordable housing.
-54-
.) 1./- ,t/(/
PART 4: BARRIERS TO AFFORDABLE HOUSING
This section of the CHAS is an excerpt from the city of Chula
vista's Housing Element of the General Plan which is required by
the state of California.
A. Overview
As required by the National Affordable Housing Act, this section
of the CRAS includes an identification and discussion of various
constraints, both unique to and beyond the community, that may
inhibit the development, maintenance, or improvement of housing.
There are two primary realms of possible constraints;
governmental and non-governmental. Governmental constraints
address such matters as land use controls, building codes and
enforcement, site improvements requirementsr permits and
processing procedures, and fees and other exactions. Non-
governmental constraints include such issues as availability of
financing, price of land, and costs of construction.
B. Governmental Constraints
B.l Land Use Controls
The various policies and regulations contained in the City's
General Plan and Zoning Ordinance have a direct impact on the
ability to provide not only affordable housing, but housing for
all income groups. Excessive constraints exercised through
inadequate land use and zoning opportunities to provide a wide
variety of types and densities of housing can preclude the
attainment of housing objectives. The city's recently updated
General Plan designates substantial areas of vacant land for
residential development at a variety of densities, and additional
multi-family units are represented by underutilized land in the
older central area. Much of the vacant land is proposed for
development under the "Planned Community (PC) Zone" which permits
the use of flexible development standards, and tailored density
and unit type mixes. In addition to the PC zone, the zoning
Ordinance provides for a wide variety of residential usesr
including its exclusive Mobile Home Park zone (MHP), and further
supports affordable housing through its density bonus provisions,
and related allowances for reduced or modified standards through
the Precise Plan (P) modifying district. Additionally, the
Ordinance provides for mixed use development, and the
construction of residential projects in certain commercial zones.
-55-
JL/"I
~
Conclusively, the City's Land Use controls do not at this time
present significant constraints to meeting housing objectives,
and actually provide a generally supportive framework.
General Plan/Zoninq Consistencv study
When the General Plan Update was adopted in July 1989, evaluation
was undertaken for the older areas of the city west of Interstate
805 to determine in what specific areas the new General Plan and
the existing zoning were not in full consistency as required by
state law. The result was identification of several areas
primarily within the Central CommunitYr where zoning conflicts
were present. The City is currently in the process of performing
detailed analysis of these areas in developing a recommended
course of action, involving both general plan amendments and
rezonings, to achieve the required consistency. Where potential
density reductions arise, the city will evaluate their impact on
affordable housing provision prior to reaching a final
recommendation for action.
In order that the intents of the updated General Plan be
recognized while the Consistency study is undertakenr the City
Council adopted an interim measure to address processing of
project proposals in affected areas. Where projects propose
implementation in accordance with existing zoning in conflict
with the new General Plan, the measure requires a general plan
amendment to be processed.
otay Water District Allocation Proqram
One of two water districts serving Chula vista Planning Arear the
Otay Water District recently adopted an allocation program due to
existing infrastructure inadequacies involving distribution and
terminal storage facilities. Scheduled completion of an
additional supply pipeline to the South Bay area in 1994-95 will
correct inadequacies. In the interim, the District has
restricted annual water allocation for development to
approximately 1900 units. otay's projections indicate Chula
vista will receive between 700-1000 units/year of this total
district-wide allocation, which compares favorably with the 714
units/year average derived from the Regional Housing Needs
Statement Regional Share. AdditionallYr the western half of the
city is served by the Sweetwater Authority which has no such
restrictions on water availability.
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,~
B.2 Growth Management
In order to ensure the adequate and timely provision of
facilities and services in conjunction with growth, Chula vista
has adopted growth management provisions through a series of
efforts as follows:
a. Threshold standards: Adopted in November of
1987, the "thresholds" established performance
criteria and standards for eleven public
facilities and services to ensure residents
"quality of life" in conjunction with growth.
They addressed such matters as the minimum "Level
of Service (LOS)" to be maintained on roadwaysr
police and fire response times, minimum park
acreage and library square footage per 1000
persons, and guarantees for school, water, and
sewer service as examples.
The Standards included two types of implementation
measures, those for application for staff on a
project-by-project basis, and those to be applied
City-wide on a periodic basis. For the latter, a
Growth Management Oversight Commission (GMOC) was
formed and tasked with an annual review and report
on city-wide compliance.
A survey of existing levels of service, and
acceptable standards was performed so as to
establish a basis from which measurements could
occur.
b. Controlled Residential Development Ordinance
(Citizen Initiative): Enacted in 1988,
establishes residents desires to protect the
"quality of life" by requiring all facilities and
services needed to accommodate growth to be
provided in a timely manner. In addressing the
rate of growth in older areasr it established a
clause limiting the degree of residential rezoning
which could occur on property within any two year
period.
c. Growth Manaqement Element: Incorporated with
the General Plan Update in April 1989, it sets
forth the Cityrs goals, objectives, and policies
related to the protection of residents' quality of
life. Established a City commitment consistent
with the concept of the Threshold Standards and
Controlled Residential Development Ordinance.
-57-
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d. Growth Manaqement Proqram: Adopted in April
of 1991, it serves as the implementing mechanism
for the Growth Management Element of the General
Plan. It sets a foundation for carrying out city
development policies by directing and coordinating
future growth to ensure timely provision of public
facilities and services. As such, its primary
focus is Eastern Chula vista where large tracts of
vacant land are to be developed. The Program
document sets forth guidelines for relating
development phasing to facilities master plans at
the project level, and establishes requirements
for facilities guarantees at various stages of
project planning review.
e. Growth Management Ordinance (c.v. Municipal
Code Chapter 19.09): Enacted in May 1991, it
codifies Growth Management intentsr standards,
requirements, and procedures related to the review
and approval of development projects.
Because Growth Management efforts are primarily
targeted to the city's Eastern Territories, and several
of the large developments there had approved
development agreements prior to the Program, or have
already satisfied program requirements for building
permit issuance, direct constraints to housing
construction are not anticipated. Current forecasts
estimate construction of approximately 1200 units per
year, which includes an average 200 units/year of
infill on the City's west side generally not affected
by the measures. Given Chula vista's Regional Share of
3,569 units from 7/91 to 7/96, or 714 units/year, total
needs can be sufficiently accommodated.
B.3 Buildinq Codes and Enforcement
The city Building Department administers and enforces the Uniform
Building Code which ensures construction in accordance with
widely adopted health and safety standards. While the City may
establish standards beyond those provided in the Code, these
standards do not significantly affect or increase the cost of
construction. The Code Enforcement Division administers a
proactive program of community outreach to prevent Code
violations from reaching a point of costly remedy.
B.4 Improvement Requirements/Development Standards
The City has a variety of requirements established by both the
Zoning Ordinance and plans and programs administered by the
Engineering Department. The majority of these requirements are
those necessary to ensure adequate livability and lasting value
in housing such as sewers, streets, curb-gutter-sidewalkr
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) t/- ?fl
,,~-- .'
lighting, drainage, recreational open space, parking, etc. While
there are definite costs associated with these, they are those
which are incidental to the provision of a sound living
environment. In such instance that a developer is required to
provide improvements which may offer service beyond that of the
project, the City has and will use either reimbursement
districts, or other methods of equitable compensation. In the
case of certain affordable housing projectsr such as housing for
seniors, the City has allowed the reduction of standards to help
offset costs. The City also proposes to consider possible
financial participation in the construction of infrastructural
improvements as a method of "additional incentive" under the
state's revised Density Bonus Provisions.
B.5 Processinq. Permits. Fees. and Exactions
a. Project Processing
The extent and duration of project processing varies widely by
type of application. Residential projects requiring subdivision
of land will experience an extended period of review, and/or
those projects which require additional regulatory approval such
as rezonings or conditional use permits. Regardlessr the
processing required is that necessary to comply with the law and
ensure proper and thorough review without compromising
environmental quality or public safety.
The City has and will continue to use "fast track" processing to
expedite projects, such as those providing affordable housing.
This "fast-tracking" can be accomplished primarily in two ways:
first, the re-priorization of work to focus staff resources to
these affordable projects; second, the institution of "parallel
processing" whereby normally sequential approval processes are
run concurrently, such as environmental review, design review,
site plan reviewr and architectural plan check. The result is a
substantial savings of time in achieving complete project
approval and the start of construction.
b. Fee Schedules
Like many other cities in San Diego County attempting to deal
with substantial improvements to infrastructure and the expansion
of services necessary to meet demands induced by rapid growthr
Chula vista has found the need to revise and expand its fees in
order to maintain service levels. While fees have increasedr the
City has expended great efforts in developing equitable methods
to ensure the fees are only those necessary to address the actual
impacts of developmentr and ensure timely implementation of
required facilities.
The Figure 1 below provides the most recent County wide
comparison of processing and impact fees available (1990) as
provided by the Construction Industry Federation (CIF), and
referenced in SANDAG's Regional Housing Needs Statement. As
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.2l/-(/ c:'
indicated in the table, Chula vista compares favorably with other
jurisdictions of similar size and complexity. To further
illustrate Chula vista's relative position within the region, and
provide an estimate of impact useful in constraints assessment,
CIF also compiled a comparison of total fees that would be
required of a building permit application for a prototype home.
Figure 2 illustrates the results of the survey, which ranked
Chula vista #8 out of 19 jurisdictions.
FIGURE 1
TOTAL FEE COSTS TO BUILD A PROTOTYPE HOME (JAN. 1991)
1. Escondido
2. San Marcos
3 . poway
4. city of San Diego
5. Carlsbad
6. Solana Beach
7. Encinitas
8. Chu1a vista
9. Santee
10. Oceanside
11. vista
12. County of San Diego
13. Imperial Beach
14. Lemon Grove
15. Del Mar
16. La Mesa
17. EI Cajon
18. National City
19. Coronado
$21,507
19,131
16,740
15,755
15,742
14,590
14,527
14,193
12,397
12,012
10,791
9,279
8,567
8,459
8,222
7,733
7,645
6,443
5,908
CIF PROTOTYPE HOME: Three bedroom, two bath single
-family detached home. 1800 square feet of living
area. 400 square feet garage and 240 square feet
patio. Approx. 139,000 valuation (calculated by each
jurisdiction). Type V wood frame construction. 100 A
single phase electrical. 100,000 Btu FAU gas service,
and a common set of fixtures.
The City will continue to consider subsidizing or reducing
certain fees for affordable housing projects where such subsidies
or reductions are clearly necessary to create the required
project economics.
C. NON-GOVERNMENTAL CONSTRAINTS
C.1 Financial Availabilitv
The availability and cost of financing for both new construction
and home mortgages are a major component of housing
affordability. The following discussion looks at the
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. 1/
{;U/-,?p
availability of conventional lending for multi-family and home
mortgages.
Multi-familv
According to 1988 HMDA data analysis, mUlti-family lending was
made available in every census tract in the city for the purposes
of new construction and/or purchasing of existing housing
complexes. city-wide multi-family lending exceeded $30,000,000
on 36 loansr and $19,305,900 on 221 non-occupant loans. While it
appears that money was available, without specific information
regarding credit terms, it is not possible to determine if
lending conditions were restrictive. However, as it can be
stated that interest rates and other such changes in the finance
arena tend to inhibit construction, the City is proposing to
assist developers in availing themselves of alternative and
supplemental financial assistance available through consortiums
such as SAMCO and CCRC.
Even though some alternative financial assistance is available,
developers are reporting that conventional lending sources have
dried up, and as a result, multi-family development has virtually
disappeared. since density bonus projects and other for-profit
developments which could avail themselves of some financial
assistance in return for affordable units cannot get conventional
financing, this lack of available conventional financing is
directly impacting the development of affordable units. The lack
of financing has been apparent for the last six to nine months,
and no one knows how long this situation will continue. without
financing, development does not occur.
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/ ~//
) !.,- t,--
c....~' r
Home Mortqaqe Lendinq
Figure 2 below contains mortgage borrowing rates taken from
The San DieGo Union (1/12/92). It indicates that interest
rates are around 8.2% for a 3D-year fixed rate loan of under
$191,250. The median resale price for a single family
detached house for San Diego County in June of 1991 was
$183,000. Using a 95% loan, a $183,000 home would be
affordable to a household whose income was approximately
$60,000 or 158% of County Median Income. Under current
market conditions, condominiums become the "affordable home
ownership opportunity." In summary, the high cost of
housing restricts the number of new home buyers entering
into the market place without special programs provided by
the federal government, the state, or local agencies.
FIGURE 2
Mortgage rates
loan rates below dlC 011(',('(j as;, qUld(~ollly L,'JI(j<flU m~;lrl!Jll()fl'; 1,~;1<'(] ,Ire IIl()",'_' ()1k'I"H~ fTI(H1\j,'gcs w,ttl1l1C lowcsl
dflflU;ll pcrU.'fl1;H)I' fdl,' IIK'''~ ,-He "';~"Y ol!lc'r 1",~IGr::' 10 COfl:;,(j,,, ,Jl ('v..,rudl",',) d I,x", ldll('nrJers l,sted are Jf110ny
III(' Idl(JCf 1ll011q.lqr provldl'(-; ,n ~:;.-'rl DI!'!]!) (>'IJI'ly It"., Sa'llJ"'f;') U'W)rl (1oe:; flC)1 Cllr1iW;" any p"rllCul;Jr ICfld('r or
IOdfl Pf()~l' am
3o.YEAR ADJUSTABLE:;.".'!';';"'~~-":~~? - .-: .;i, .... '::- ,~::: ")l:......,.., ;:;.?:;l'''>:~~'';~fu~#;f..;3':f~';:..::';'~'':;''' . ...,.,..~_.
51.., Oo_~ Pornh "'s.'mum ,~. Adlus1m~'"
j",""mon f1"~I"'1 I'm, {,\" V.mO<JITI I,jay',' "'R'Y'" '"U,1',,;! eM'S AP."
Crllklflk :J 2~,O 2:, , 2,,0 GOO,OOO 90 Ji.H 'J 1 2~, 0M/3r.1 NlG/l~ 500 Ii 231
American Resident';ll 4750 W 16:", 202.300 30 GCD 2500 I;M/GM 1,00/11000 6621
B,lnkol Am""Cd 5 500 :'() , ',()() i",(J(){JU liU v;u ? ~,()() (;t.~l()M , 00/12500 GG82
SecurrtyPdcrllc ',7',0 '0 , SOU 600000 GO GCD ? ~)()O f,M/lr>.\ Nf,G/11 7,,0 G 7~9
frunll.ne MO<1g.'I\)" ~ 0:", 10 :'Ol)() ;>(1;' J{)() 'lO t;:1l ;'>"00 (jfVt'(,t.1 , 00;9 (,;>~J 677;>
/io,rselloIrJLJ;JI1!, (;6:") 111 ;>000 ?O;>,J00 (ie! ,:11i :' ',dO U,1.!GM , 00/L?625 G 796
NorwpslMu<1(ja,!v , 1:,") "J , i'll" ;'U;'.lOn ;H1 1:,(J 1)'/1, :' 00/11 1:.'5 68JG
CO(Jn1ryw~dl' ~) 000 W , 000 20;>,100 4'-, 1 1 ~: Je.'5 lY/1Y ? 00/11000 6851
Commonwealt!l U",lf'd 5 1 ;>~) W " 120, 202.300 60 llS 2750 lY/1Y 200111,125 6873
F"SI-I;iiefsl~le 5250 w 2000 20?,300 ,s lie; 2 7~)U lY/lY 200/11,250 6.879
Wells fa'90 [33n!, 58/5 W 1.000 202.300 co Gm 2 8 7~; CM/6M , 00/12375 696~
f'lIst Nallonw,(j(' 5875 ?O 7000 500,000 30 11:, ;J7',O lY/1Y 200113500 6972
Chase Manh,ltt~n 6500 2; 2.000 1.000,000 60 lh , iSO lY/1Y 2.00/12.500 7066
Sanwa Bank 6750 20 , 750 600.000 r,o 1TS 2.;);>5 6M/(i1,1 , 00/11 750 8523
Glend<Jte rcd('r~1 6000 W , 500 202,lOO 4;, 11S ;, 7 ~)O (,M;'GM , OOillOOO 8576
Union Bank G315 on , 'A)(1 300.000 r,o 11 :~ , 7')11 r;r ,~,'(; I, ~ , 00/11 37') R5Gil
"'I'b. On;I;;l ~~~ ~'IW:"Tli,,~ y-i'y""'l'!')
::-. -t-~..{:',:.-:_,~~...-;--&~%~
00"" Pol"" "'a.lmum ,~,
'''~''tullQ'' Ral<("'! 'm' '" SAmQu~l (daysl APr,
------
American ncsidcnll,ll 7875 2:'00 202,300 HJ 8 1 7~'
,Household Ban!' 8000 , ? 000 702,300 :1O 8;'5;'
Norwesl Mo<1gagl' 8.000 2:>"0 20:>.300 H: B:),"1
Commonwl'allh Un,1iod {) 000 737') ?O2.300 ,1', /J),n
Glendal" 'ederal 0 125 1 ,~,Ot) 7()2,300 .1'-' 8 32~
Weslernrinanclal 8.125 '" 1.500 202,300 " 8324
Fio~tl;ne'MO<1gag~._ ----
8125 5 1.625 202,300 30 8.337
- ---,----------- _.-
First Nationwide 8.125 20 2000 202,300 30 8379
----.- -_._-,,-
Countrywid~____._ 8.250 5 1000 202,300 OS 8.395
HomeSavin~ 8.200 W 1.500 202,300 45 8400
----- ------
HomeFed Bank 8.250 20 1.500 202,300 45 8.450
Union Bank 8.250 5 2000 202,300 OS 8,506
Security Pacific ,~ 250 5 2.000 202,300 OS 8506
30.YEAR FIXED (more than $202,300) ..., .- ',.r
- P"lnls "'..-.lmu... ~.
.nlOtltutk>n A.'''("1.1 'me "" "--" (d.yoJ A..P.R
American Residential 8,375 20 2000 400,000 30 8.625
Norwest Mortgage 8.375 10 2.250 300,000 30 8.653
_u.___
Commonwealth:Unite<l 8.500 20 1.750 600,000 60 8.724
-
Frontfifl6Mortgage 8.500 20 1.750 500,000 30 8.724
----"--,---
Household Bank 8.500 20 2.000 500,000 60 8.752
----
Glendale Federal 8.625 20 1500 500,000 45 8823
Chase Manhattan 8.575 25 2~~_ 1.000,QQQ__ 60 8.828
Fib Nationwide 8,625 20 1750 500,000 30 8851
------- 500,000 45 8,879
~ecurity Pacific 8.625 20 2.000
-----------
Countrywide 8.750 20 1.000 500.000 45 8.893
Western Financial 8.750 W 1500 350,000 4S 8.949
Union Bank 8.750 2S 1.750 600,000 45 8,977
First Interstate 8.7~0 20 2.000 500,000 40 9006 2-/ / t-/ y/
)
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C.2 Land and Constuction Costs
The rising costs of land and construction in Southern California
represent the single largest factors in the spiraling cost of
housing. The most frequently encountered constraint in
affordable housing provision is the "lack of economic
feasibility" expressed by the private sector in attempting to
make units available to lower-income households given the costs.
Together land and construction costs comprise about 75% of the
total cost of a residential dwelling. The following sections
present an overview of local conditions, and provide information
for use in addressing the level of economic barriers to lower-
income affordability in new construction. The information was
collected from local developers, the Construction Industry
Federation, and The Myers Group - a local San Diego firm
specializing in market analysis and consultation to the
development community.
a. Land Costs
Residential land costs in Chula Vista, on average, are currently
$200,000/acre, with the specific dollar/unit ratio obviously
dependent upon density. In surveying recent land purchases for
several proposed single family developments in the city, the
average per lot cost for the raw land was approximately $40,000.
Improved land costs can vary widely depending upon the amount of
improvements necessary including, in Chula vista, the amount of
site grading to create buildable lots. As an example, a recently
approved master planned project with 1900+ units, has an
estimated per unit site cost of $22,500.
In order to further illustrate total buildable lot costs for new
development, the following table was provided by a local
developer as an example of costs per type and density of
residential development:
Product Type
Finished Lot Cost
Single Fam
Single Fam
Multi-Fam
Multi-Fam
Multi-Fam
*per unit
(8000 s.f. lot)
(5000 s.f. lot)
(8 du/ac)
(12 du/ac)
(22 du/ac)
cost assuming 100+ units on a 12
$203,000
130rOOO
76rOOO*
62rOOO*
40,000*
acre site
b. Construction Costs
As mentioned, increased construction costs have also contributed
significantly to the problem of housing affordability. Current
estimates place single family costs between $36 and $42 per
square foot depending on unit amenities. Given an average 1,500
sq. ft. home on a 5,000 sq. ft. lot, construction costs would
-63-
~V~1
range between $55,800 and $65,100, which assuming a $225,000
purchase price, represents 25%-29% of the home.
Costs for multi-family construction vary according to the type of
structure generally as follows:
Wood frame low rise (1-3 stories)- $36 to $42 sq. ft.
- Steel frame mid-rise (4-6 stories)-$65 to $70 sq. ft.
- Steel frame high-rise - $75 to $100 sq. ft.
(up to 20 stories)
(add $25jsq.ft. if underground parking or
parking structure)
Component Costs in Multi-Familv Housinq
New Construction unit Price
$105,000
Land
Hard Costs (improvement, const.)
Soft Costs (arch., eng., marketing, etc.)
$ 25,000 (24%)
$ 60,000 (57%)
$ 20,000 (19%)
C.3 Removinq Non-Governmental Barriers
As demonstrated above, homeownership opportunities are limited
for most people in Chula vista because of the high cost of
housing. since the city has no way of altering the price of
housing, removing this barrier is almost impossible. However,
the city will continue to offer the Mortgage Credit certificate
Program. This Program will assist some households purchase a
home who might otherwise miss out on the "American Dream."
Given the above information, the biggest non-governmental
constraints to affordable rental housing are land costsr
construction costs, and financing. Unfortunately, the City has
little or no control over these barriers. The City or the Agency
can only attempt to mitigate the barriers by writing down land
costs, pressuring conventional financial institutions to lend,
and using any alternative financing sources available. Howeverr
these mitigation measures do not remove these barriers, and the
City or the Agency is faced with increased need and shrinking
resources.
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SECTION III. ONE YEAR ACTION PLAN
Part I. Resources
A. Sources and Commitment of funds (public and private)
1. Affordable Housing
a. Community Development Block Grant for FY 1991-
1992 is 1,297,000. For the last several years,
the city has used most of its CDBG allocation
for public improvements in low income areas.
However, the city did spend approximately
$16,500 from its CDBG allocation for the
Shared Housing Program. In addition,
the Chula vista Community Development
Corporation, a part of South Bay Community
services, received $48,000 in CDBG funds to
support their housing activities.
b. section 8 vouchers and certificates administered
by the San Diego County Housing Authority.
c. The City expects to receive $748,000 of HOME
funds in FY 1991-1992. The city will probably
use some of these funds to assist non-profit
housing developers to develop lower income
housing either by new construction or
rehabilitation. In addition, the Redevelopment
Agency may use the funds to supplement its own
rehabilitation program.
d. The Low and Moderate Income Housing Fund which
is generated by the Redevelopment Agency of the
City of Chula vista ("Agency") will produce
approximately $960,500 in FY 1991-1992 for
affordable housing activities. These funds will
be used to fund the Agency's rehabilitation
programs. In additionr these funds may be'
leveraged to provide equity for the Agency's
preservation of the city's "at-risk" HUD section
236 units and may be used for other housing
activities.
e. The City recently received an allocation of
private activity bonds from the State of
California, and these bonds have been converted
to Mortgage Credit certificates. The Agency,
the governmental body administering the Program,
-65-
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will issue approximately 104 certificates to low
and moderate income households in the next four
years. The City, as a matter of policYr has set
aside 10% of the certificates for low income
home buyers.
2. Supportive Housing
a. The Agency, through the use of the Low and
Moderate Income Housing Fund, has supported non-
profits, such as the Salvation Army, who are
attempting to provide supportive housing in
Chula vista. In fiscal year 1991-1992, the
Agency provided the Salvation Army
approximately $275,000 for the payment of the
City's fees. The Salvation Army is planning to
construct a 75 unit project which will provide
supportive housing for the elderly.
b. Community Development Block Grant funds have
been committed to a local non-profit who plans
to provide supportive housing for alcoholics in
Chula vista. In addition, the City Council
recently approved the Conditional Use Permit for
the facility, and the facility will open early
in 1992.
B. Leveraging
1. As is currently the practice, the City will
encourage local non-profits to apply for funds from
foundations, lending consortiums, the State of
California and other institutions. without local
non-profits, the City will not be able to
effectively provide low-income housing. The City
needs non-profits for their expertise as well as the
funds they are able to leverage.
2. In order to meet the matching fund requirements
placed on the City by the HOME Program, the City
will utilize the Agency's Low and Moderate Income
Housing Fund.
3. Since funding for affordable housing has become
difficult at best to secure, the city is attempting
to leverage its resources by exploring the
possibility of a county-wide Housing Trust Fund. In
addition, the Agency is seriously investigating the
Community Reinvestment Act activities of local banks
so that Agency housing funds can be effectively
leveraged with private dollars.
-69-
/ /'
-Jlj-l>
PART II. One Year Action Plan for Fiscal Year 1991-1992
According to HUD, the One Year Action Plan provides a annual
framework for implementing the city's Five Year strategy.
A. Affordable Housinq Action Plan
1. Actions to Meet Priorities
a. continue to work with the community-based non-profit
to attempt to acquire the City's 386 units which are
"at risk" of converting to market rate rentals.
Since these units are serving predominantly very
low-income households, the Agency is anxious to
maintain decent, safe, and sanitary housing for 386
very low-income households. In Fiscal Year 1991-
1992, it is likely that at least one project owner
will file a Notice of Intent to sell. At that time,
the Agency will most likely provide predevelopment
funds as well as gap financing to the non-profit.
b. Rehabilitate 40 mobile homes and single family
homes, and 5 rental units per the program described
in the City'S Five Year strategy. As previously
stated, the Agency's rehabilitation program serves
almost exclusively very low-income households. It
is extremely possible that HOME funds will be used
to enhance the Agencyrs rehabilitation program.
c. continue to pursue the City'S Affordable Housing
Program so that private developers provide housing
to low, moderate, and median income households. In
FY 1991-1992, the City expects to see developers
produce 72 median and moderate income for sale
units. No low income units will be produced because
the master planned developers have not reached the
portions of their developments with the densities
able to support the development of low-income
housing. In other words, the phasing of
developments will inhibit the production of more
units under the Affordable Housing Program.
d. Continue to administer the Mortgage Credit
certificate Program and provide homeownership
opportunities to 21 low, moderate, and median income
households.
e. Attempt to gain site control for a transitional
housing project.
-70-
;}2J~ 7/
f. By continuing to support non-profit housing
corporations, 103 rental units for very low
and low income households will be developed. The
Agency recently financially assisted two non-
profits, and construction of these 103 units should
be completed by the end of 1992.
g. continue to assist very low and low income
mobilehome owners who are faced with increasing
rents by enforcing the city's Rent Review Ordinance.
The City has 35 mobile home and trailer parks which
provide a significant amount of affordable housingr
and as a resultr the City has made a commitment to
protect this housing by ensuring affordable rents.
In additionr the City encourages senior citizens to
take part in the Mobilehome Rental Assistance
Program (MRAP) administered by the San Diego County
Housing Authority.
h. continue to support the San Diego Housing County
Authority to develop public housing in Chula vista.
Twenty-two public housing units will be constructed
by the end of Fiscal Year 1992. Support any housing
activity by the County such as the County's
application for funds under the Shelter Plus Care
Program. The city has a need for shelters which
house the homeless with disabilities, but the city
does not expect to receive funds from this Program.
i. continue to fund supportive services for residents
with special needs by allocating 15% of the City's
CDBG funds for these supportive services. The
services provided by CDBG funds are elaborated upon
in the Community Profile section.
2. Meeting the Needs of Very Low Income Households
a. continue to enforce the city's Rent Review
Ordinance and encourage participation in the
County's MRAP.
b. continue to work with the San Diego County Housing
Authority to provide section 8 rental assistance.
c. continue to work the San Diego County Housing
Authority to build public housing in Chula vista.
d. continue to work with non-profits who are attempting
to provide housing for the very low-income.
-71-
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3. Consistency of One Year Actions with the Five Year
strategy
All action plan goals listed for Fiscal Year 1991-1992 of
the CRAS are indicated as priorities in the Five Year
strategy section of the CRAS.
4. Geographic Targets
The city and the Agency do not geographically target any
housing programs. All programs can be implemented or
utilized in any area of the City.
5. Responsible Agencies
The following is a list of agencies responsible for
implementing One Year Action Plan:
city of Chula Vista;
Redevelopment Agency of the City of Chula vista; and
San Diego County Housing Authority.
6. Actions to Remove Barriers to Affordable Housing
As stated in the Constraints section of the CHAS, the City
does not have any governmental constraints that seriously
affect affordable housing which can be removed. The city
will, however, attempt the following actions:
a. Review its density bonus ordinance which is currently
not utilized to its fullest extent;
b. Attempt to expedite the processing of affordable housing
projects;
c. Designate an Affordable Housing Ombudsman who will be
responsible for overseeing the interdepartmental
coordination of affordable housing projects;
d. Establish procedures for evaluating requests for city
assistance;
e. Consider the impacts to affordable housing which may
result from rezoning involved with the General
Plan/Zoning consistency study;
f. continue to encourage the use of flexible development
standards through the Planned Community (PC) Zone and
the Precise Plan (P) Modifying Districtr where such are
clearly identified with increased availability of
affordable housing; and,
-73-
~ij-n
g. Encourage demonstration or experimental housing projects
which reduce building costs and increase affordability.
As stated in the Constraints Section, the non-governmental
barriers illustrated cannot be removed by the City in Fiscal
Year 1992 or ever without significantly increased funding
from the federal government. The City simply does not have
the funds to remove barriers such as land costs and
construction costs. However, the City may designate staff
and develop resources to assist developers in availing
themselves of alternative and supplemental financial
assistance.
B. Supportive Housinq Action Plan
1. Homeless
a. Community Development Block Grant funds have
been allocated to the following supportive
service providers who assist the homeless by
providing food, shelter vouchers, and clothes:
Lutheran Social services;
San Diego Good Neighbor Center;
MAAC Project;
Human Services Center; and,
Shared Housing
b. Community Development Block Grant funds were
allocated to South Bay Community Services for
the development of the Chula vista Community
Development Corporation. The CDC is
attempting to find a suitable site for a
transitional shelter. Once site control is
achieved, the CDC will probably apply for
McKinney funds.
c. In addition to services financially supported by
the City or the Agency, the City of Chula vista
has taken steps to assist the homeless in other
ways. First, the city has passed an Ordinance
to allow churches to house the homeless.
Second, the city approved the Conditional Use
Permit for the youth shelter operated by South
Bay community Services.
In order to address the unmet needs of the homeless in the
City, the City will continue to allocate CDBG funds, assist
the CDC, and support organizations which attempt to meet the
needs of the city's homeless. However, the most important
activity the City can undertake will be the development of a
shelter, and hopefully, with the CDC's assistancer a
suitable site will be identified.
-74-
~.). /.-j - /<;C)
2. "At-Risk" Population
Like all cities, Chula vista has residents which
are "at-risk" of losing their homes if the rent
becomes too expensive. Chula vista's largest at-
risk population resides in the city's 35 mobile
home parks. In order to address the unmet needs of
these residents, the City will continue to enforce
the City's Mobilehome Rent Review Ordinance.
The city has 386 units which are "at-risk" of
converting to market rate rentals. In order to
address these needs, the City is attempts to
preserve the very low income affordability.
3. Others with Special Needs
As outlined in the Community Profile section, the
city allocates 15% of its CDBG allocation to non-
profits who provide supportive services to those
with special needs. These services are provided to
people with mental disabilities, physical
disabilities, and AIDS. In addition, the city has a
senior center which provides a complete range of
services for the elderly and frail elderly, and the
City financially supports South Bay Community
Services who provides a full range of services to
the City's youth.
with limited resources, the city has little ability
to provide supportive housing. Howeverr the City
has assisted various non-profits who provide
supportive housing to the elderly and alcoholics.
The City and the Agency will continue to attempt to
provide financial assistance as non-profits request
assistance. However, since funds and city staff are
limited, the City will most likely attempt to meet
the unmet needs of those with special needs by
providing zoning concessions such as Conditional
Use Permits.
C. Monitorinq Plan
All public service providers receiving any CDBG funds are
required to provide quarterly reports which outline the
progress of their work. In addition, any housing projects
which have received or will receive Redevelopment Agency
funding are required to submit quarterly reports which
demonstrate that the affordable units are being charged the
correct rent. In addition, any non-profit housing
developers who receive HOME funds in the future will be
-75-
c;J L! - ,5{' /
required to submit the same quarterly reports to insure
correct affordability levels.
On a periodic basis, the City council/Redevelopment Agency
is provided with reports regarding the status of all housing
programs. In addition, all housing programs are reviewed
and analyzed annually as a part of the budget process.
-76-
J- L/_ }.2
SUMMARY OF CITIZEN, JURISDICTION AND AGENCY COMMENTS
NOTE: All page numbers refer to the DRAFT CRAS. The
material referred to in the DRAFT CRAS may be on new page
numbers in this final CRAS of April 1992.
The united states Department of Rousing and Urban
Development CRAS guidelines require a 60 day public review
and comment for a local jurisdiction's proposed CRAS. The
city of Chula vista's public review period was from February
15, 1992 to April 15, 1992. During the public review
process, written and oral comments on the CRAS were
received. The following is a summary of these comments.
South Bay Community services, Inc.
315 4th Avenue, suite E
Chula Vista, CA 91910
Contact Person: Dan Marcus
Comment #1:
The number of homeless people in Chula vista is grossly
understated. South Bay Community services coordinated a
survey of local agencies which work with the homeless daily.
statistics from these organizations demonstrate that
approximately 155 individuals are homeless each night in
Chula vista instead of the 14 listed on Table lB. (Data
from this survey follows)
Response:
Since the CRAS should be as accurate as possible, the survey
undertaken by South Bay Community services provides needed
data on the number of homeless in the City.
Comment #2:
Concerning page 28, SBCs no longer refers youth to foster
homes.
Response:
The correction has been made in the text.
Comment #3:
Concerning page 31, SDYCS' Bridge and Gatehouse and YMCA's
OZ serve runaway youth. SDYCS' Storefront serves homeless
youth. SDYCS does not run Southeast Emergency Shelter. st.
Vincent de Paul's Maher Center is being rebuilt as a
different facility and will house a different number.
Response:
The corrections have been made to the text.
-77-
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'.__ I
Comment #4:
Concerning page 44, SBCS is not currently providing
homeownership counseling, but hopes to receive funding to
initiate a bilingual education and counseling program for
prospective first time home buyers.
Response:
The correction has been made to the text.
Comment #5:
Concerning page 44, SBCS is working to establish a
transitional housing facility to house homeless families
plus provide an array of social services enabling them to
become self sufficient.
Response:
The update has been included in the text.
Comment #6:
Concerning page 49, the availability of CA funds for
affordable housing is now severely limited. Bond monies
from propositions 77 and 84 are spent or committed, leaving
CHFA, MCCs and tax credits as the remaining state resources.
The city's lobbyist might join non-profits in advocating for
new housing bonds on the 1992 ballot to replenish resource.
Additional private funding sources are the Federal Home Loan
Bank's Affordable Housing Program, the Low Income Housing
Fund, plus Foundations and Local Donors.
Response:
The state of CA bond money is severely limited, but
previously committed funds may be available in the future if
the funds were not used by the original recipients.
The additional private funding sources have been added to
the text.
Comment #7:
Concerning page 51, a weakness of the County Housing
Authority is its refusal to offer a Demonstration Program
for Project-Based section 8 certificates. SBCS believes a
demonstration will illustrate how project basing enhances
the ability of non-profits to develop affordable rental
units for very low people.
Responses:
SBCS should continue to work with the County Housing
Authority in order to obtain project based section 8.
-78-
,;JL/- t7
Comment #8:
Concerning page 51, a strength of nonprofit developers is
our commitment to this community and to providing decent,
safer and affordable housing along with needed social
services to its lower income residents.
Response:
Comment #8 has been added to the text.
Comment #9:
Concerning page 63, the One Year Action Plan should reflect
that SBCS is leading a coalition of social service providers
geared at developing a transitional housing for families in
1992. Tables 4/5A should show an approximate request of
$450,000 in HUD McKinney Fund and $300,000 from the city for
this project.
Response:
The units purposed by SBCS will not be constructed during
1992. Nonetheless, the site control for the transitional
shelter is listed as one of the City's priorities for 1992.
Table 4/5 A has been amended.
Comment #10:
Concerning page 73, include the 386 affordable rental units
"at-risk" of prepayment under the HUD 236 Program.
Response:
The correction has been made to the text.
The City of Chula vista commission on Aging
Comment:
Concerning page 45, glad to see mobilehomes included as a
priority.
victor A. Nolan
Comment:
Concerning page 45, mobilehome rental increases should not
be based on the Consumer Price Index.
Response:
The City Council has referred the Rent Review Ordinance to
the Mobile Home Rent Review Commission.
-79-
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CERTIFICATION
The City of Chula vista hereby certifies that it will
affirmatively further fair housing.
Signature of Certifying Official
CERTIFICATION
The City of Chula vista hereby certifies that it will comply
with the requirements of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970, as amended,
implementing regulations at 49 CFR 24, and the requirements
governing the residential antidisplacement and relocation
assistance plan under section 104(d) of the Housing and
Community Development Act of 1974 (including a certification
that the jurisdiction is following such a plan).
Signature of the Certifying Official
-80-
') ul-:1k
{r. ~ v
COUNCIL RESOLUTION No.I"S~J..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE 1992-1996 COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY (CRAS) AND
AUTHORIZING SUBMITTING THE COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
The City Council of the City of Chu1a vista does hereby
resolve the following:
WHEREAS, the National Affordable Housing Act of 1990
requires the development of a Comprehensive Housing
Affordability strategy by jurisdictions requesting funding
from the U. S. Department of Housing and Urban Development.
NOW, THEREFOREr BE IT FURTHER that the City Council of
the city of Chula vista does hereby adopt the 1992-1996
Comprehensive Housing Affordability Strategy and authorizes
its submission to the Department of Housing and Urban
Development.
Bruce Boogaard
city Attorney
Presented by
0~~~
Chris Salomone
Community Development Director
,.q6- f
COUNCIL AGENDA STATEMENT
Item 25
Meetinq Date 04/21/92
PCS-91-01 - Consideration of a
tentative subdivision map for
Salt Creek I Condominiums,
Chula vista Tract 91-01 - The
Baldwin Company
Resolution JbS~ Approving PCS-91-0l
SUBMITTED BY: Director of Planning,~~
Public Hearing
ITEM TITLE:
REVIEWED BY:
city ManagerU
(4/sths Vote: YeS___No-K-)
The applicant has submitted a tentative subdivision map known as
Salt Creek I Condominiums, Chula vista Tract 91-01, in order to
subdivide 9.3 acres at the southern end of Mt. Miguel Road into 10
lots, including 141 mUlti-family units, and one open space lot.
The 141 residential units are to include 13 low and 39 moderate
income housing units.
Pursuant to Section 3.6, Environmental Review Procedures of the
city of Chu1a Vista, the Environmental Review Coordinator found
that no new effects could occur and no new mitigation measures are
required for PCS-91-01 because an environmental impact report, EIR-
89-06, was prepared for Salt Creek I General Plan Amendment, Zone
Change, sectional Planning Area (SPA) Plan Amendment, Tentative
Tract Map 89-09 and Conceptual site Plan. This project implements
and falls under the purview of EIR-89-06.
At its meeting of March 3, 1992, the City Council approved
Resolution 16506, an agreement with the applicant to provide low
and moderate income housing, by a 5-to-0 vote. This agreement
provides for 2.5% low and 7.5% moderate income housing within the
Salt Creek I Condominium project area. specifically, there will be
13 low and 39 moderate income housing units available to qualifying
buyers. This action will meet the requirement placed on the Salt
Creek I project to devote 10% of the project units to low and
moderate income housing. This approval satisfies Condition No. 6
of the Tentative Map.
RECOMMENDATION: That Council adopt the resolution approving
PCS-91-01.
BOARDS/COMMISSIONS RECOMMENDATION: On March 25, 1992, the Planning
commission voted 5-0-1-1, to recommend that Council approve the
tentative subdivision map in accordance with Resolution PCS-91-01.
;25-1
page 2, Item
Meeting Date 04/21/92
On February 24, 1992r the Design Review committee voted 4-to-1 to
approve the project design (ref. DRC-92-20).
DISCUSSION:
Zoninq and Land Use
Subject:
North:
South:
East:
West:
ZONING
RM-25/0S
RC-22
BC-2
Out of city
Transportation (SR-125)
LAND USE
Vacant
Vacant
Business Park (UPS)
Vacant
Vacant
Existinq site Characteristics
The property is already graded and drops in elevation from
southwest to northeastr except for the open space lot adjacent to
the SR-125 corridor which falls from east to west. The Salt Creek
I Townhomes site abuts the property to the north, while the
EastLake Business Center's united Parcel Service facility adjoins
the property to the south. To the west, the SR-125 corridor, as
shown on the City's General Plan, traverses in a north to south
direction, and to the east vacant, unincorporated lands adjoin the
site.
Tentative Map
The purpose of the tentative map is to subdivide the property into
a 141 condominium housing project. As noted above, the project
design was approved by the Design Review Committee, and the city
Council approved a low and moderate income housing agreement with
the applicant.
At build-out, the 9.3 acre project will contain 141 dwelling units
at a density of 15.16 du/ac. This falls within the Medium High
Density Residential (11-19.9 du/ac) category of the EastLake
General Development Plan and sectional Planning Area Plan. The
area designated OS (open space) also conforms to these documents.
This property is a portion of the original EastLake I Sectional
Planning Area Plan, for which a tentative subdivision map, PCS-84-
07, was approved on March 19, 1985. Subsequently, a revised
tentative map, PCS-89-09, was approved for the Salt Creek I
projectr of which this property is a part, on September 12, 1989.
The SPA Plan, as well as both the original and subsequent master
tentative maps, were based on an alignment of SR-125 which is
consistent with the City's General Plan, and final maps have been
recorded, and develop~has commenced for a portion of Salt Creek
I in accordance with t~e~or approvals. It should be noted
2'5~2.
page 3, It_
Meeting Date 04/21/92
that CalTrans is currently studying several alternative alignments
for SR-125, two of which would affect this property and other
portions of Salt Creek I. CalTrans was notified in writing of the
subject request, and did not indicate any concerns regarding the
proposed action on this project.
FISCAL IMPACT: Not applicable.
"
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RESlDENllAL
PwClll AItached DenIIly Acrea TIW'gBl DU
No. Detached CD) Rqe DereIty
R-1e D H 43.e 3.1 1el
R-17 A 6-15 20.0 11.' 237
R-1. A 1&-25 1.5 1e,I 144
TolII 72. 1 eo 7.e eVil- 550~
./
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OPEN SPACE ~ lR3AN
Pwcel Lwd U. Acne Pwcel Lwd U. Aa8a
No. No.
O&-t Open Spece U FU-1 FIAn UbwI . 3.5
0&-15 Open Spece 1.0 Totll 3.5 eo
0&-17 Open Spece 1.0
0&-18 Open 8l*>> U
0&-11 Open Speoe 7.2 Q
Total '11.1 eo
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SOURCE: ~d a AssocIatea. 1989.
~nAne~.SPAP~n
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.25- ro-. '1
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.
THE CITY OF CHUU YlSTA PAR7l'DISCLOSURE STATEMENT
.
Statement of disclosure of certain ownership interests. payments, or eampaign contributions. on all matters
which will require discretionary action on the part of the City Council. Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e.. contractor,
subcontractor. material supplier.
~h. Baldwin Company
rH Projects. Inc.
2. If llny 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.
PH proiects. Inc. .
3. If any person identified pursuant to (I) above is non.profit organiZation or a trust. list the names
of any person serving as director of the non'prDfit organization or as trustee or beneficiary or
trustor of the trust.
01. Have you had more than $250 worth of busineu transacted with any member of the City stllff.
BO:lrds, Commissions, Committees and Council within the past twelve months? Yes_
~o...!- If yes, please indicate person(s):
5. Please identify each and evel)' person, including any agents, employees, consultants or independent
contr:lctors who you h:lve assigned to rcprescpt you before the City in this matter. 6
6. Ha\"e you and/or your officers or IIgents, in the aggregate, contributed more than $1.000 to II
Councilmember in the currenl or preceding election period'! Yes _ No.JL If yes, stme which
Councilmember(s):
~ is lI.:nn.:lI as: 'AIIY illdMdlllll, /I,,,,. rU'l'nr/ll~rs"il', juillf ..,.,IIIIft'. nsslXi",iDfI. .lXilll r!ub.frnlmlnl Df'J:fIlliZnlion, rorpnmlinn,
~."t1"'. MIll. norrl.,". s>ndienrc, tills ,md tIIl,\' tII/"" emml): eil)' 1111I/ rOfllllf): ri,>: ""mieipali,>'. ,Iillriel IIr nt/l" I/(Jlltirnl II/MM.ic""
-,,,. ."I).,I/',n ;rOllp tJr comhillll1;Olf tlClillg (IS (I ,,"il.-
(l'OTE: Alt:I.:h allllillon:ll P.1J:l.'S D.~ n':~"''!o.':II'Y)
Dah::
~7
..
~~~
25' -10,
Signature of cl?ntmctnr/applicant
Claudia ~roisi/Th. Baldwin Company
Prilll or t)'p.: lIa01': nf ('nntraclllr/applit'ant ___. _.
'\...t.L.t~t..:.~~_
RESOLUTION NO. PCS-91-Q1
A RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT
THE CITY COUNCIL APPROVE THE TENTATIVE
SUBDMSION MAP FOR SALT CREEK I CONDOMINIUMS,
CHULA VISTA TRACT PCS-91-Q1
WHEREAS, a duly verified application for a tentative subdivision map was filed
with the Planning Department of the City of Chula Vista on January 8, 1992 by the Baldwin
Company; and
WHEREAS, said application requested a tentative subdivision map known as Salt
Creek I Condominiums, Chula Vista Tract PCS-91-Q1, in order to subdivide 9.3 acres into ten
(10) lots for a 141 unit multi-family residential development and one (1) open space lot. The
141 residential units are to include 13 low and 39 moderate income housing units; and
WHEREAS, the time and place for a hearing were set on said tentative
subdivision map application and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City and its mailing to property
owners within 300 feet of the exterior boundaries of the property at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00
p.m., March 25, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, pursuant to Section 3.6, Environmental Review Procedures of the
City of Chula Vista, the Environmental Review Coordinator found that no new effects could
occur and no new mitigation measures are required for PCS-9l-Ql because an environmental
impact report, EIR-89-06, was prepared for Salt Creek I General Plan Amendment, Zone
Change, Sectional Planning Area (SPA) Plan Amendment, Tentative Tract Map 89-09 and
Conceptual Site Plan. This project implements and falls under the purview of EIR-89-Q6.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION fmds as follows:
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map
for Salt Creek I Condominiums, Chula Vista Tract PCS-91-01, is found to be in
conformance with the various elements of the City's General Plan based on the
following:
1. The site is physically suitable for a ten lot, 141 unit residential and one lot open
space development, and the proposal conforms to all standards established by the
City for such projects.
)..5 ~/I
Resolution PCS-9l-0 1
Salt Creek I Condominiums
Page 2
2. The design of the subdivision will not affect the existing improvements -- streets,
sewers, etc. -- which have been designed to avoid any serious problems.
3. The project is in substantial conformance with the Chula Vista General Plan
Elements as follows:
a. Land Use - The project density of 15.16 dwelling units per acre is
consistent with the Medium High Density range of 11-19.9 du/ac.
b. Circulation - The project has a circular driveway system along the outside
boundary of the residential lots with appropriately placed driveways to
parking areas. Also included at strategic locations are hammerhead
turnarounds for larger vehicles, specifically fire-fighting apparatuses.
c. Housing - This project is required to include low and moderate income
housing. An agreement between the City Council and the applicant
executed on March 3, 1992 states that the project shall include 13 low and
39 moderate income housing units.
d. Conservation - Previous mitigation required that other areas within Salt
Creek I containing costal sage scrub habitat be preserved both on and off-
site, and that an on-site area be provided for the Otay Tarplant. There
are, however, no areas within this project targeted for preservation.
e. Park and Recreation, Open Space - This project provides for one open
space lot which is conditioned to be granted in fee to the City, but will be
maintained by the Eastlake Maintenance District No. 1. Park Acquisition
and Development fees will be required prior to Final Map approval.
f. Seismic Safety - There are no known active faults within the vicinity. The
closest potentially active fault is located approximately two miles to the
west of the site.
g. Safety - Provision of adequate police protection will be verified by the
Chula Vista Police Department prior to the issuance of building permits.
A one acre fire station site within the vicinity of this project will be
constructed as part of the overall development of Salt Creek Ranch. (The
construction of the fire station is not a condition of approval for Salt
Creek I Condominiums - PCS-91-01.) .
h. Noise - A noise attenuation wall is shown along the eastern boundary of
the open space lot separating the residential buildings from the SR-125
).5",/A
Resolution PCS-91-01
Salt Creek I Condominiums
Page 3
corridor. This wall must meet minimum City standards in noise
attenuation.
1. Scenic Highway - This project does not abut any scenic highway.
j. Bicycle Routes - Mt. Miguel Road is a designated bike route and will be
designed accordingly.
k. Public Buildings - No public buildings are proposed on the site. The
project is required to pay RCT fees prior to the issuance of building
permits.
4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Commission
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.
5. Pursuant to Section 66473.1 of the Subdivision Map Act, the Commission has
considered and determined that the design of the subdivision provides to the
extent feasible for future passive or natural hearing or cooling opportunities.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that City Council approve the tentative subdivision map for Salt Creek I
Condominiums, Chula Vista Tract PCS-91-01, based on the findings in the foregoing sections
of this Resolution, subject to the following conditions:
I. Prior to Final Map approval, the subdivider shall submit proof that each project
component complies with the City's threshold standards to the satisfaction of the
Director of Planning.
2. The amount of fees applicable to the project, including but not limited to PAD,
DIF, and RCT fees, shall be those in effect at the time of collection.
3. The subdivider shall file with the City of Chula Vista a copy of the Declaration
of Covenants, Conditions and Restrictions (CC&R's) applicable to the subject
property. The CC&R's shall include:
a. Provisions for the formation of a home owner's association (HOA) which
shall assure maintenance of all private driveways, common areas and
drainage systems. The City of Chula Vista shall be named as party to
said Declaration authorizing the City to enforce the terms and conditions
of the Declaration in the same manner as any owner within the
subdivision.
Z~...*
Resolution PCS-9l-0 1
Salt Creek I Condominiums
Page 4
b. Prohibition of television antennas, garage conversions, parking outside of
designated areas and parking of recreational vehicles.
4. The grading of Lot 11 (Open Space Lot) shall provide a level, clear area at least
three feet wide, as measured from face-of-wall to beginning-of-slope, along the
length of the west side of the noise attenuation wall, as approved by the City
Engineer and the Director of the Parks and Recreation Department.
5. The design and location of noise attenuation walls are subject to review and
approval of the Director of Planning.
6. Prior to approval of the Final Map by the City Council, an affordable housing
agreement shall be reached between the applicant and the City Council.
7. Prior to the application for any building permit, plans showing the design and
location of a project identification sign shall be submitted to the Director of
Planning for review and approval. The identification sign shall contain the name
of the complex and a location map, shall be internally lit with maximum
dimensions as outlined in Section 19.60 of the Zoning Ordinance. The sign shall
be placed prominently at the entrance. The design and materials shall be
complementary to and compatible with the approved architectural design of the
proj ecl.
8. All surface improvements within the development shall be designed as private
driveways and parking.
9. Should the developer elect to file multiple final maps, a phasing plan shall be
approved by the City Engineer and the Director of Planning indicating
improvements to be installed for each map prior to approval of the first map.
The recreation area shall be included as part of the first phase. Parking shall be
kept in balance with the phasing.
10. Prior to the approval of any final map for any lot or unit, the developer shall
guarantee the construction of all improvement (streets, sewers, drainage, utilities,
etc.) deemed necessary to provide service to such lot or unit in accordance with
City standards.
11. The developer shall be responsible for the construction of full street
improvements in Ml. Miguel Road from the existing temporary cul-de-sac south
to the subdivision boundary. 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 and fire hydrants.
Access to the subject property shall be from a driveway off a modified knuckle
25 ../~
Resolution PCS-91-01
Salt Creek I Condominiums
Page 5
located at the intersection of Mt. Miguel Road and the future Salt Creek Ranch.
All design and construction criteria shall be to the satisfaction of the City
Engineer.
12. The developer shall be responsible for providing adequate on-site and off-site
right-of-way to construct Mt. Miguel Road as required by the City Engineer.
Said right-of-way shall be annexed to the City of Chula Vista and dedicated prior
to approval of the Pinal Subdivision Map.
13. The property owner shall notify the City at least 60 days prior to consideration
of the Pinal Map by City if 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 owner shall:
a. Pay the full cost of acquiring off-site right-of-way 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 or
easements, said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation
proceedings.
d. If the developer so requests, the City may use its powers to acquire right-
of-way, easements or licenses needed for off-site improvements or work
related to the tentative map. The developers shall pay all costs, both
direct and indirect, incurred in said acquisition.
The requirements of a, b and c above shall be accomplished prior to approval of
the Pinal Map.
All off-site requirements which fall under the purview of Section 66462.5 of the
State Subdivision Map Act will be waived if the City does not comply with the
120 day time limitation specified in the section of the Act.
14. The developer shall provide notarized letters of permission for all off-site grading
and construction of improvements.
25-/S
Resolution PCS-91-0 1
Salt Creek I Condominiums
Page 6
15. The developer shall grant to the City street tree planting and maintenance
easements along Mt. Miguel Road. The width of said easements shall be as
outlined in the City's Street Design Standards Policy.
16. Only sewers within public rights-of-way will be publicly maintained. All sewers
within the subject property shall be privately maintained. The sizing and design
of the on-site sewer system shall be revised to reflect the change from the
proposed public system to a private system. The developer may reduce the size
of the sewers to meet minimum design standards.
17. Prior to approval of any final map, the developer shall pay Spring Valley
Sanitation District fees and Proctor Valley Sewer fees.
18. Prior to approval of any final map, the developer shall enter into an agreement
with the City wherein it is agreed that the subject property is subject to applicable
conditions and fees of future agreements among the City, Spring Valley Sanitation
District (SVSD) and the Otay Water District regarding the use of the trunk sewer
constructed in conjunction with Salt Creek I Units 1 - 3, the Frisbee Trunk
Sewer, and the Spring Valley Outfall Sewer.
19. The developer shall provide piping lines for reclaimed water as approved by the
Public Works Director and the Otay Water District.
20. The boundary of the subdivision shall be tied to the California Coordinate System
- Zone VI (1983).
21. The subject property is within the boundaries of Assessment Districts 85-2 and
90-3. The developer shall be responsible for all costs associated with
reapportionment of assessments as a result of subdivision of lands within the
project boundary. A request for reapportionment and a deposit in the amount of
$10,998 (141 units x $39/unit x 2 districts) to cover the costs shall be placed with
the City prior to approval of a final map for any unit.
22. The open space lot within the subject property shall be granted in fee to the City
and will be maintained by the Eastlake Maintenance District No. 1. A deposit
in the amount of $1,500 to cover the cost of updating the district shall be placed
with the City prior to approval of a final map for any unit.
23. The developer shall enter into an agreement whereby the developer agrees that
the City may withhold building permits for any units in the subject subdivision
if traffic on East "R" Street exceeds the levels of service identified in the City's
adopted thresholds.
25- 11,
Resolution PCS-9l-0l
Salt Creek I Condominiums
Page 7
24. On the condition that City shall promptly notify the subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates
in the defense, the subdivider/applicant shall 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 approvals by its Planning
Commission, City Council, or any approval by its agents, officers, or employees
with regard to this subdivision prior to approval of the final map(s).
25. The developer shall permit all franchised cable television companies ("Cable
Company") equal opportunity to place conduit to and provide cable television
service for each lot within the subdivision. The developer shall enter into an
agreement with all participating Cable Companies which shall provide, in part,
that upon receiving written notice from the City that said Cable Company is in
violation of the terms and conditions of the franchise granted to said Cable
Company, or any other terms and conditions regulating Cable Company in the
City of Chula Vista, as same may from time to time be amended, Developer shall
suspend Cable Company's access to said conduit until City otherwise notifies
Developer. Said agreement shall be approved by the City Attorney prior to Final
Map approval.
26. Prior to approval of a final map for any unit, the owner shall submit a copy of
said final map in a digital format such as (DXF) graphic file. This Computer
Aided Design (CAD) copy of the Final Map shall be based on accurate coordinate
geometry calculations and shall be submitted on 5 1/2 HD floppy disk prior to the
approval of the Final Map.
27. Automatic garage door openers shall be installed in all units, to the satisfaction
of the Director of Planning.
28. Address numbers shall be placed on both the front and garage sides of each unit
to the satisfaction of the Director of Planning.
The following are requirements of the City Code:
1. Prior to issuance of building permits, the developer shall pay:
a. Eastern Area Development Impact Fees. The amount of said fees to be
paid shall be that in effect at the time of issuance of building permits.
b. Traffic Signal Participation Fees in accordance with City Council Policy.
2S"~/1
Resolution PCS-91-Q 1
Salt Creek I Condominiums
Page 8
c. All applicable sewer fees, including but not limited to Sewer Connection
Fees.
d. Public Facilities Financing fees.
2. The developer shall comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans shall be in
accordance with provisions of the Subdivision Map Act, Subdivision Ordinance
and the Subdivision Manual of the City of Chula Vista.
Fire De-partment Reauirements:
1. Fire flow shall not fall below 1,500 GPM at any hydrant.
2. All driving lanes shall be marked and posted for no parking to the satisfaction of
the Fire Marshall.
3. At least six (6) fire hydrants shall be placed in the complex to the satisfaction of
the Fire Marshall.
The conditions of approval for Chula Vista Tract 89-09 remain in effect. In the event
certain conditions of approval from Tract 89-09 and this Map conflict, either the Director
of Planning or the City Engineer shall determine which shall remain in effect.
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 25th day of March, 1992 by the following vote, to-wit:
AYES:
Commissioners Carson, Tugenberg, Casillas, Decker, and Martin
NOES:
None
ABSENT:
Commissioner Fuller
ABSTENTIONS:
Commissioner Tuchscher
AITEST:
"4~ ~~ 72r' ~
Nancy Ri ley, Secre
~~..16
UNo"'~~(,>"n'" ;'1" ~ !IN!'! !""'"""",."
rrfl~~..-..';" ~..th v ~ ~,i;)
DESIGN REVIEW COMMITTEE
-6-
FEBRUARY 24. 1992
4.
DRC-92-20
Salt Creek I
Southwest corner "H" Street/San Miauel Rd.
141 Condo units
staff Presentation
Associate Planner Hernandez introduced the proposal for 141
low and moderate income condominium units located at the
southwest end of San Miguel Road. The site plan is arranged
in a traditional garden setting, with a ring road wrapping
around the parcel. An open space area with a pool, tot lot,
and recreation building features a pedestrian connection to
each of the units. Modifications suggested by staff related
primarily to trash enclosure location and design and staff
review of final designs for elements such as the recreation
area and signage. Mr. Hernandez stated that the project
architecture consists of simple rectangular buildings with hip
roofs and shed roof elements along the first level on both
sides of the building. Approval of the project was
recommended subject to the conditions listed in the staff
report.
Committee Ouestions
Chair Gilman asked if the area between the residential and UPS
had been addressed? Mr. Hernandez responded that there was an
existing sound wall at the edge of the UPS property; also, a
small vacant triangular piece between the two sites served as
an additional buffer. Member Landers asked if the four stucco
colors shown represented two different color combinations?
Ron Wickstrom, Project Architect, confirmed this.
Member Landers asked if there were other recreational areas
other than those shown? Claudia Troisi of Baldwin Company
stated that a site approximately north of the project entry
was a future seven-acre neighborhood park which would have
basketball courts, tennis courts, and other recreational
facilities. In response to further questions regarding
recreation areas, Ms. Troisi informed the committee that Salt
Creek Ranch included plans for a twenty-two acre community
park, facilities for which are still in the discussion stages.
Committee Discussion
Member Flach stated that the site appeared to be all asphalt
and houses. Member Landers agreed that there was a lot of
asphalt, but that the density required for low to moderate
housing necessitated adjustments. She complimented the
applicant on the site designr noting the pedestrian linkage to
the recreation areas, the dispersal of guest parking
throughout the site, and the building layout and design.
2~'~ l't
DESIGN REVIEW COMMITTEE
-7-
FEBRUARY 24. 1992
Chair Gilman stated that the landscaping was well done. Ms.
Troisi stated that an effort had been made to focus the
landscaping in pedestrian areas.
Member Flach asked if there would be sound control for the
units on the second floor? Ms. Troisi stated that there were
no special measures required. Member Spethman was concerned
about the visitor parkingr stating that residents might use
the more central visitor parking spaces near the recreational
area themselves. Ms. Troisi pointed out that there was more
parking available (seven spaces) than was required although it
might not appear so. Member Landers asked about the tile
colors? Mr. Wickstrom stated that it would be a mottled
color, and would be more traditional coloring than the oranges
and pastels seen in many recent residential projects. Member
Flach asked about alternatives to the ring road design
presented, and there was further discussion centering around
the amount of asphalt represented in the project.
MSC (Landers/spethman) (3-1, Flach opposed based on proportion
of asphalt) to approve DRC-92-20 subject to the conditions
listed in the staff report.
;2 s:- 2-f>
UNOFFICIAL Nj.:-'
PC Minutes
March 11, 1992
PUBLIC HEARING: PCS-91-01 - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR SALT CREEK I CONDOMINIUMS, CHULA VISTA
TRACT PCS-91-01 - The Baldwin Company
-3-
ITEM 3.
Commissioner Tuchscher stated that he would leave the dais at this time, due to a potential
perceived conflict of interest of which a ruling is being pursued with the City Attorney and the
State.
Associate Planner Miller presented the project, using overhead projection to indicate the project
area, open space, etc. He noted the Design Review Committee had approved the project with
a 4-1 vote. Mr. Miller recommended that Condition 4 be deleted. He suggested that a new
condition be included as follows: "All grading shall be to the satisfaction of the City Engineer
and the Director of the Parks and Recreation Department." The last sentence of Condition II
was recommended to be revised to read "Access to the subject property shall be from the
driveway off a modified knuckle located at the intersection of Mt. Miguel Road and the future
Salt Creek Ranch. All design and construction criteria shall be to the satisfaction of the City
Engineer." Mr. Miller noted that staff recommended that the Planning Commission adopt a
motion recommending that the City Council approve the tentative subdivision map for Salt Creek
I Condominiums, subject to the conditions in the staff report as modified.
This being the time and the place as advertised, the public hearing was opened.
Dan Ream, Hunsacker & Associates, project engineers representing The Baldwin Company, said
they generally concurred with the staff report and the conditions as modified. The
Commissioners had previously been given a copy of their requested modified language to
conditions II, 16, 19,24, and D.3.g.
Commissioner Martin questioned the distance inside the "T" intersections for turning right or
left. He felt there would be a problem with people backing out of driveways into the "T". Mr.
Ream answered that it was 24' curb to curb and an additional 5' driveway, with a minimum
dimension of 34' between buildings.
Upon Commissioner Decker's query, Mr. Ream said there was a density of 15.1.
Commissioner Casillas asked for an explanation of Mr. Ream's concern with Condition 16. He
was under the impression that sewers on private property were privately maintained. Mr. Ream
said that the public standards required larger pipes; with private standards they may be able to
reduce the dimensions. He felt it was in conflict with the map as it was currently drafted, and
was concerned about future conformance.
Answering Commissioner Casillas' query, Senior Civil Engineer Ullrich said conformance would
not be a problem.
No one else wishing to speak, the public hearing was closed.
7!"~..2.1
PC Minutes
-4-
March 11, 1992
Answering Commissioner Decker, Commissioner Carson stated the median density for multi-
family dwellings was 11 to 19.9 units.
After discussion regarding the conditions to be revised, it was determined that the applicant's
version of Condition 16 would be acceptable, deleting the last sentence.
MS (Carson/Casillas) that based on the findings contained in Section "E" of the staff report,
recommend that the City Council approve the tentative subdivision map for Salt Creek I
Condominiums, Chula Vista Tract PCS-91-02, subject to the conditions listed in the staffreport,
as modified by Mr. Miller, and as modified by the developer of Condition No. 16 striking the
last sentence of his condition.
Commissioner Decker stated he would not vote in favor of the project because he felt it was too
dense; garage access and egress appeared to be marginal; it looked like row housing; traffic
entered and exited through one opening; and site distance problems with backing out of the
units.
VOTE: 2-4-1 (Commissioners Carson, Decker, Martin, Tugenberg voted against; Fuller
and Casillas for; Commissioner Tuchscher had left the meeting because of conflict of interest)
Chair Fuller declared that the motion had failed.
25.. ).fi.
UNOFFICIAL MINUL~~-'
PC Minutes
March 25, 1992
PUBLIC HEARING: PCS-91-01: RECONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR SALT CREEK I CONDOMINIUMS, CHULA VISTA
TRACT 91-01 - The Baldwin Company
-2-
ITEM 1:
Associate Planner Miller noted that the Planning Commission had denied this project at the
previous meeting. City staff was recommending that the Planning Commission reconsider the
map because of provisions in State law and the Municipal Code, while the applicant was
requesting reconsideration in order to clarify their position for seeking approval and respond to
any concerns which would cause the Commission to reverse the negative vote. After further
discussion among the applicant, City staff, and members of the Commission, additional
conditions were drawn up. Mr. Miller read those conditions into the minutes as follows:
"B.27.
Automatic garage door openers shall be installed in all units, to the
satisfaction of the Director of Planning.
"B.28.
Address numbers shall be placed on both the front and garage
sides of each unit to the satisfaction of the Director of Planning."
Mr. Miller stated that staff recommended that the hearing for Tentative Subdivision Map
PCS-91-01 be reopened and that testimony be taken. Based on the findings of Section E of the
staff report dated March 25, 1992, staff recommended that the Planning Commission adopt a
motion recommending that the City Council approve the Tentative Subdivision Map for Salt
Creek I Condominiums, Chula Vista Tract 91-01, subject to the conditions in the staff report,
or as modified or added thereto.
Associate Planner Miller then turned over the presentation to Community Development Director
Salomone who explained that Baldwin was trying to build for-sale low-income housing. An
agreement had been negotiated with Baldwin, which centered on design, phasing, and
affordability. Staff was able to bring mortgage credit certificates to this project, and because
of this project, the City of Chula Vista was able to get $8.5 million worth of mortgage credit
certificates from the State of California. They were able to achieve 7-112 % moderate income
affordability and 2-112 % low-income affordability.
Upon Commissioner Carson's query, Assistant Planning Director Lee explained that the project
could be constructed as an apartment project but had to go through the condominium tentative
map process in order for the applicant to be able to sell any units. This type of apartment
project had been approved routinely by the Design Review Committee, and staff was caught off
guard when the Commission denied the project. Commissioner Carson said her whole concept
changed when informed of the low-income housing.
Assistant City Attorney Rudolf added that another reason for it not being immediately rectified
was that staff did not realize the ramifications of the denial until after the applicant had left and
the public hearing was closed.
"2S-;;;g
PC Minutes
-3-
March 25, 1992
Commissioner Tugenberg asked why it came back to the Commission after prior approval for
apartments by the Council.
Assistant City Attorney Rudolf stated it was coming as a for-sale unit instead of apartment units.
If it was not approved as a for-sale condominium project, it would then revert back to an
apartment project.
Assistant Planning Director Lee also noted that Baldwin had an agreement with the City for low-
income housing.
Upon Commissioner Martin's query, Community Development Director Salomone explained that
in order to subsidize low-income housing, the City would use a combination of a contribution
by the developer and the mortgage credit certificate. He proceeded to explain the use of a
mortgage credit certificate and the benefits derived from their use.
At Commissioner Martin's request, Associate Planner Miller read Section 66427 of the
Subdivision Map Act which explained that the Commission was required to either approve or
deny an apartment-to-condominium conversion project but that if denied, design-related findings
could not be used.
Assistant City Attorney Rudolf clarified that there were grounds per the Subdivision Map Act
under which the Planning Commission must approve or must deny a map and reviewed the
specific grounds for denial. He indicated the positive findings in the staff report and stated that
if any of these grounds existed, staff would have recommended denial.
At Commissioner Casillas' request, Community Development Director Salomone clarified that
when a lending institution looks at an eligible low-income buyer, looking at that applicant's
ability to pay monthly loan payments and that eligible low-income buyer has the mortgage credit
certificate, they have a credit against their annual federal income tax. Therefore, that translates
to the lender that the borrower does not have to pay that federal income tax and has more buying
power to put toward a mortgage on a monthly basis. Therefore, that mortgage could be
increased and they could more than likely be able to afford the unit. The mortgage credit
certificate could only be used by a low- or moderate-income family for an affordable unit.
Commissioner Martin stated he had met with the developer regarding this matter.
Commissioners Tugenberg and Martin said they had also met with the developer.
MSUC (Martin/Carson) 5-0 to reconsider PCS-91-01 (Chair Fuller absent; Commissioner
Tuchscher had left the dais - conflict of interest).
This being the time and the place as advertised, the public hearing was opened.
2'S"~,2~
PC Minutes
-4-
March 25, 1992
Claudia Troisi, representing the applicant, specified the location of the project area and urged
the Commission to recommend that Council approve the conversion of the apartments to a for-
sale condominium project.
No one else wishing to speak, the public hearing was closed.
MS (Carson/Tugenberg) that based on the fmdings contained in Section "E" of the staff
report, recommend that the City Council approve the tentative subdivision map for Salt
Creek I Condominiums, Chula Vista Tract PCS-91-02, subject to conditions 1 through 28.
Commissioner Decker asked that condition 29 be added to provide section garage doors to all
units.
Discussion ensued regarding the area needed for back-up in front of the garages. When the
applicant was asked if that was a reasonable request, Ms. Troisi stated that she felt the sectional
doors would have to be wood because of the design of the buildings, and that the cost would be
excessive for an affordable housing project.
Assistant City Attorney Rudolf stated that the first motion addressed the design issue, and there
was no ordinance or standard regarding the door itself. The design exceeded the standard
distance of 24' by 10'. The Commission could not deny or condition it on this motion.
Commissioner Martin commented that he would like more room at the end of the hammer head
at the end of the "T". He asked that the applicant consider moving the building back to give
more room.
Vice-Chair Casillas called for the vote on the amendment.
Commissioner Decker withdrew his motion to amend.
Commissioner Decker asked the rationale for condition 16. Senior Civil Engineer Ullrich
answered that the public sewer lines were larger; since it was a private project, the applicant
would be allowed to reduce the size to whatever is standard practice for the capacity necessary
for the project, possibly a 6" diameter sewer.
Commissioner Decker inquired as to why the public sewer lines were larger. Mr. Ullrich stated
they were easier to clean, and the Maintenance Department required the larger size. It was a
matter of who would be paying for the maintenance. It would add to the cost of the unit to have
an 8" sewer line.
VOTE ON MAIN MOTION: 5-0 to approve. (Commissioner Fuller absent; Cornrni"Sioner
Tuchscher had left dais.)
:2~~ ~'!i
RESOLUTION NO. 11.'5'''3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGE THE TENTATIVE
SUBDIVISION MAP FOR SALT CREEK I CONDOMINIUMS,
CHULA VISTA TRACT PCS-91-01
WHEREAS, a duly verified application for a tentative
subdivision map was filed with the Planning Department of the City
of Chula vista on January 8r 1992 by the Baldwin Company; and
WHEREASr said application requested a tentative
subdivision map known as Salt Creek I Condominiums, Chula vista
Tractr PCS-91-01 ("proiect"l, in order to subdivide 9.3 acres into
ten (10) lots for a 141 unit multi-family residential developmentL
includinq 13 low and 39 moderate income housinq units. and one (1)
open space lot \:hioh 141 resiaeR~ial uRi~s inolude 13 Ie\{ aRa 39
moderate inoome heusiR~ units; andL
WHEREAS, the time and place for a hearing before the City
Council was set on said tentative subdivision map application and
notice of said hearing, together with its purposer was given by its
publication in a newspaper of general circulation in the City and
bv mailinq same its mailiR~ to property owners within 300 feet of
the exterior boundaries of the property at least ten days prior to
the hearing; andL
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., April 21r 1992, in the Council
Chambers, 276 Fourth Avenue, before the Council and said hearing
was thereafter closed; and
WHEREASr pursuant to section 3.6, Environmental Review
Procedures of the City of Chula Vista, the Environmental Review
Coordinator found that no new effects on the environment ewould
occur and no new mitigation measures aFe would be required for-this
proiect rCE: 91 Ell Deoauae aR other than those described in the
environmental impact reportr EIR-89-06, was prepared for Salt Creek
I General Plan Amendment, Zone Change, sectional Planning Area
(SPA) Plan Amendmentr Tentative Tract Map 89-09 and Conceptual site
Plan; this project implements and falls under the purview of EIR-
89-06.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CHULA VISTA does herebY find. determine. resolve and order
fiRds as follows:
section 1.
Conformance with General Plan.
mapcond1.wp
April 17, 1992
Salt Creek I, Condo Map, Conditions
Page 1
1<;- 2 ~
Pursuant to section 66473.5 of the Subdivision Map Act, the
tentative subdivision map for Salt Creek I Condominiums, Chula
vista Tract PCS-91-01, is found to be in conformance with the
various elements of the City's General Plan based on the following:
1. The site is physically suitable for a ten lot, 141 unit
residential and one lot open space development, and the
proposal conforms to all standards established by the
City for such projects.
2. The design of the subdivision will not affect the
existing improvements -- streets, sewers, etc. -- which
have been designed to avoid any serious problems.
3. The project is in substantial conformance with the Chula
vista General Plan Elements as follows:
a.
b.
c.
d.
e.
mapcond1.wp
April 17r 1992
Land Use - The project density of 15.16 dwelling
units per acre is consistent with the Medium High
Density range of 11-19.9 du/ac.
Circulation - The project has a circular driveway
system along the outside boundary of the
residential lots with appropriately placed
driveways to parking areas. Also included at
strategic locations are hammerhead turnarounds for
larger vehicles, specifically fire-fighting
apparatuses.
Housing - This project is required to include low
and moderate income housing. An agreement between
the city Council and the applicant executed on
March 3, 1992 states that the project shall include
13 low and 39 moderate income housing units.
Conservation - Previous mitigation required that
other areas within Salt Creek I containing costal
sage scrub habitat be preserved both on and off-
site, and that an on-site area be provided for the
otay Tarplant. There are, however, no areas within
this project targeted for preservation.
Park and Recreation, Open Space - This project
provides for one open space lot which is
conditioned to be granted in fee to the city, but
will be maintained by the Eastlake Maintenance
District No.1. Park Acquisition and Development
fees will be required prior to Final Map approval.
Salt Creek Ir Condo Map, Conditions
Page 2
~S'-~~1
f. seismic Safety - There are no known active faults
within the vicinity. The closest potentially
active fault is located approximately two miles to
the west of the site.
g. Safety - provision of adequate police protection
will be verified by the Chula Vista Police
Department prior to the issuance of building
permits. A one acre fire station site within the
vicinity of this project will be constructed as
part of the overall development of Salt Creek
Ranch. (The construction of the fire station is
not a condition of approval for Salt Creek I
Condominiums - PCS-91-01.)
h. Noise - A noise attenuation wall is shown along the
eastern boundary of the open space lot separating
the residential buildings from the SR-125 corridor.
This wall must meet minimum city standards in noise
attenuation.
i.
Scenic Highway
scenic highway.
This project does not abut any
j. Bicycle Routes - Mt. Miguel Road is a designated
bike route and will be designed accordingly.
k. Public Buildings - No public buildings are proposed
on the site. The project is required to pay RCT
fees prior to the issuance of building permits.
section 2. Consideration of Regional Housing Needs.
Pursuant to section 66412.~~ of the Subdivision Map Act, the
Council eertifies that it has considered the effect of this ap-
proval action 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.
section 3.
Opportunities.
Consideration of Natural Heating and Cooling
Pursuant to section 66473.1 of the Subdivision Map Actr the
Council has considered and determined that the design of the sub-
division provides to the extent feasible for future passive or
natural hea~~ing ~ and cooling opportunities.
mapcond1.wp
April 17, 1992
Salt Creek I, Condo Map, Conditions
Page 3
25-2$
section 4. Conditional Approval of Tentative Map.
BE IT FURTHER RE80L'.'ED "tha"t "tThe City Council approves the
tentative subdivision map for Salt Creek I Condominiums, Chula
vista Tract PCS-91-01, based on the findings in the foregoing
sections of this Resolution, subject to the following conditions:
1. Prior to Final Map approval, each proiect component shall
complv. and the subdivider shall submit proof that each
proj ect component complies with... the city's threshold
standards to the satisfaction of the Director of
Planning.
2. The amount of fees applicable to the project, including
but not limited to PAD, DIF, and RCT feesr shall be those
in effect at the time af ealleetiaR that buildinq permits
are leqallv issuable and are issued.
3. The subdivider shall file a COpy of the Declaration of
Covenants. Conditions and Restrictions (CC&R's)
applicable to the subiect property with. and obtain the
approval of. the City of Chula vista. The CC&R's shall
include:
a. provisions for the formation of a home owner's
association (HOA) which shall assure maintenance of
all private driveways, common areas and drainage
systems. The City of Chula vista shall be named as
party to said Declaration authorizing the City to
enforce the terms and conditions of the Declaration
in the same manner as any owner within the
subdivision.
b. Prohibition of television antennas, garage
conversions, parking outside of designated areas
and parking of recreational vehicles.
4. The grading of Lot 11 (Open Space Lot) shall provide a
level, clear area at least three feet wide, as measured
from face-of-wall to beginning-of-sloper along the length
of the west side of the noise attenuation wall, as
approved by the city Engineer and the Director of the
Parks and Recreation Department.
5.
The design and location
subject to review and
Planning.
of noise attenuation walls are
approval of the Director of
mapcond1.wp
April 17, 1992
Salt Creek I, Condo Map, Conditions
Page 4
:25 - ~ .2..'
6. Prior to approval of the Final Map by the City Council,
an affordable housing agreement shall be reached between
the applicant and the City Council.
7. Prior to the application for any building permit, plans
showing the design and location of a project identifica-
tion sign shall be submitted to the Director of Planning
for review and approval. The identification sign shall
contain the name of the complex and a location map, shall
be internally lit with maximum dimensions as outlined in
section 19.60 of the Zoning ordinance. The sign shall be
placed prominently at the entrance. The design and
materials shall be complementary to and compatible with
the approved architectural design of the project.
8. All surface improvements within the development shall be
designed as private driveways and parking.
9. Should the developer elect to file multiple final maps,
a phasing plan shall be approved by the city Engineer and
the Director of Planning indicating improvements to be
installed for each map prior to approval of the first
map. The recreation area shall be included as part of
the first phase. Parking shall be kept in balance with
the phasing.
10. Prior to the approval of any final map for any lot or
unitr the developer shall guarantee the construction of
all improvement (streets, sewersr drainager utilitiesr
etc.) deemed necessary to provide service to such lot or
unit in accordance with City standards. which quarantv
shall. at the option of the citv. be bonded in a form
satsifactorv to the citv.
11. The developer shall be responsible for the construction
of full street improvements in Mt. Miguel Road from the
existing temporary cul-de-sac south to the subdivision
boundary. Said improvements shall includer but not be
limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer and water utilitiesr
drainage facilities, street lightsr signs and fire
hydrants. Access to the subject property shall be from
a driveway off a modified knuckle located at the
intersection of Mt. Miguel Road and the future Salt Creek
Ranch. All design and construction criteria shall be to
the satisfaction of the City Engineer.
12. The developer shall be responsible for providing adequate
on-site and off-site right-of-way to construct Mt. Miguel
Road as required by the city Engineer. Said right-of-way
mapcond1.wp
April 17r 1992
Salt Creek I, Condo Map, Conditions
Page 5
;15- ?J/)
shall be annexed to the City of Chula vista and dedicated
prior to approval of the Final Subdivision Map.
13. The property owner shall notify the city at least 60 days
prior to consideration of the Final Map by City if 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 owner shall:
a. Pay the full cost of acquiring off-site right-of-
way or easements required by the Conditions of
Approval of the Tentative Map.
b. Deposit with the city the estimated cost of
acqu1r1ng said right-of-way or easements, said
estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents
and plats prepared and appraisals complete which
are necessary to commence condemnation proceedings.
d. If the developer so requestsr the City may use its
powers to acquire right-of-way, easements or
licenses needed for off-site improvements or work
related to the tentative map. The developers shall
pay all costs, both direct and indirect, incurred
in said acquisition.
The requirements of a, band c above shall be
accomplished prior to approval of the Final Map.
All off-site requirements which fall under the purview of
section 66462.5 of the state Subdivision Map Act will be
waived if the City does not comply with the 120 day time
limitation specified in the section of the Act.
14.
The developer
permission for
improvements.
shall provide notarized letters of
all off-site grading and construction of
15. The developer shall grant to the City street tree
planting and maintenance easements along Mt. Miguel Road.
The width of said easements shall be as outlined in the
City's street Design Standards Policy.
16. Only sewers within public rights-of-way will be publicly
maintained. All sewers within the subject property shall
mapcond1.wp
April 17r 1992
Salt Creek Ir Condo Mapr Conditions
Page 6
.26"-~~1
be privately maintained. The sizing and design of the
on-site sewer system shall be revised to reflect the
change from the proposed public system to a private
system. The developer may reduce the size of the sewers
to meet minimum design standards.
17. Prior to approval of any final map, the developer shall
pay Spring Valley Sanitation District fees and Proctor
Valley Sewer fees.
18. Prior to approval of any final map, the developer shall
enter into an agreement with the city wherein it is
agreed that the subject property is subject to applicable
conditions and fees of future agreements among the City,
spring Valley Sanitation District (SVSD) and the Otay
Water District regarding the use of the trunk sewer
constructed in conjunction with Salt Creek I units 1 - 3,
the Frisbee Trunk Sewerr and the Spring Valley Outfall
Sewer.
19. The developer shall provide piping lines for reclaimed
water as approved by the Public Works Director and the
Otay Water District.
20. The boundary of the subdivision shall be tied to the
California Coordinate System - Zone VI (1983).
21. The subject property is within the boundaries of
Assessment Districts 85-2 and 90-3. The developer shall
be responsible for all costs associated with
reapportionment of assessments as a result of subdivision
of lands within the project boundary. A request for
reapportionment and a deposit in the amount of $10r998
(141 units x $39funit x 2 districts) to cover the costs
shall be placed with the City prior to approval of a
final map for any unit.
22. The open space lot within the subject property shall be
granted in fee to the City and will be maintained by the
Eastlake Maintenance District No.1. A deposit in the
amount of $1,500 to cover the cost of updating the
district shall be placed with the City prior to approval
of a final map for any unit.
23. The developer shall enter into an agreement whereby the
developer agrees that the City may withhold building
permits for any units in the subject subdivision if
traffic on East "H" Street exceeds the levels of service
identified in the City's adopted thresholds.
mapcond1.wp
April 17, 1992
Salt Creek I, Condo Map, Conditions
Page 7
;25'-~ ~~
24. On the condition that City shall promptly notify the
subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the
defense, the subdivider/applicant shall agree to defend,
indemnify, and hold harmless the citYr 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 approvals by its Planning
Commissionr City Council, or any approval by its agents,
officers, or employees with regard to this subdivision
prior to approval of the final map(s).
25. The developer shall permit all franchised cable
television companies ("Cable Company") equal opportunity
to place conduit to and provide cable television service
for each lot within the subdivision. The developer shall
enter into an agreement with all participating Cable
companies which shall provide, in partr that upon
receiving written notice from the city that said Cable
Company is in violation of the terms and conditions of
the franchise granted to said Cable Company, or any other
terms and conditions regulating Cable Company in the city
of Chula Vista, as same may from time to time be amended,
Developer shall suspend Cable Company's access to said
conduit until City otherwise notifies Developer. Said
agreement shall be approved by the City Attorney prior to
Final Map approval.
26. Prior to approval of a final map for any unit, the owner
shall submit a copy of said final map in a digital format
such as (DXF) graphic file. This Computer Aided Design
(CAD) copy of the Final Map shall be based on accurate
coordinate geometry calculations and shall be submitted
on 5 1/2 HD floppy disk prior to the approval of the
Final Map.
27. Automatic garage door openers shall be installed in all
units, to the satisfaction of the Director of Planning.
28. Address numbers shall
garage sides of each
Director of Planning.
be placed on both the front and
unit to the satisfaction of the
Presented by
as ~ f
by
~
Robert A. Leiter, Director
of Planning
Boogaardr
mapcond1.wp
April 17, 1992
Salt Creek I, Condo Map, Conditions
Page 8
*).5"-~ ~
1.e,
Rr:""'r'v-o
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The Baldwin Company
Craftsmanship in building since 1956
'92 IIPR 13
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CiiOO;' C ~ ,
April 10, 1992
Ms. Beverly Authelet
City Clerk
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
SUBJ: Public Hearing Notice - PCS-91-01
This is to certify that the attached notice of public
hearing was mailed to property owners a~J;>er the attached
list, "..
"
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Attachments:
Public Hearing Notice
Copy of mailing list
11975 El Camino Real. Suite 200 . San Diego, CA 92130 . (619) 259-2900
NOTICE OF PUBLIC HEARING BY THE
CHULA VISTA CITY COUNCIL
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL FOR THE PURPOSE OF CONSIDERING:
PCS-9l-0l: A request for consideration of a Tentative Subdivision Map, SALT
CREEK I CONDOMINIUMS, to develop an 11-10t project consisting of 141
dwelling units on 9.3 acres, located at the south end of Mt. Miguel Road south
of East "H" Street, submitted by the Baldwin Company. A locator map is
attached .
The Tentative Subdivision Map was considered and approved by the Planning
Commission on March 25, 1992.
Any petitions to be submitted must be received by the City Clerk's Office no later than
noon of the hearing date. If you wish to challenge the City's action in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing. Call 691-5101 for further information.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
April 21, 1992 at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
Beverly Authelet
City Clerk
Dated: April 8, 1992
File No. PCS-9l-0l
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File No.
PUBLIC HEARING CHECK LIST
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CITY COUNCIL PUBLIC HEARING DATE ,,~y cA t , '-11 "'"
SUBJECT ~~lJ.J,_~" ,S."UA-"'~~ YY1<f I ;-~j)J rJ-Q~1L J- (~'" ..t/.,
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PUBLICATION DATE ~ II I I r:;~1
MAILED NOTICES TO PROPERTY OWNERS
t. cQhccQ~"-,,
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NO. MAILED
PER GC 54992 Legislative Smff, Construction IndusLIy Fed, 6336 Greenwich Dr Suite F. 5<ln Diego, 92122
LOGGED IN AGENDA BOOK '-I / to I c, ~
COPIES TO:
Administration (4)
Planning /
v
Originating Department
Engineering /
Others
City Clerk's Office (2)
./
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
.58.
NOTICE OF PUBUC HEARING
BY TIlE CHULA VISfA CllY COUNCIL
CHULA VISfA, CAUFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
PCS-91-01: Request for consideration of a Tentative
Subdivision Map, SALT CREEK I CONDOMINIUMS, to develop
an ll-lot project consisting of 141 dwelling units on 9.3 acres,
located at the south end of Mt. Miguel Road south of East H
Street, submitted by the Baldwin Company.
The Tentative Subdivision Map was considered and approved
by the Planning Commission on March 25, 1992.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, April 21,
1992, at 6:00 P.M. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED:
April 8, 1992
Beverly A. Authelet
City Clerk
COUNCIL AGENDA STATEMENT
Item 2fp A_
Meeting Date 4/21/92
Report on Chula Vi sta Trans it (CVT) servi ce changes for FY
1992-93
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No~)
ITEM TITLE:
In July 1992, CVT implemented numerous service changes recommended under Phase
I of the Chul a Vi sta Trans it Study. These changes increased CVT's annual
service miles operated by over 50%. The study also recommended further
changes under Phase II. Transit staff, in conjunction with MTDB staff, have
evaluated the implemented Phase I changes and Phase II recommendations, and
have developed proposed CVT service modifications for FY 1992-93. In
addition, at its meeting on March 17, 1992, Council directed staff to consider
certain concerns raised by the public regarding CVT service. This report will
identify and discuss the concerns raised by citizens at the March 17, 1992,
meet i ng, and then wi 11 di scuss proposed CVT changes for next fi sca 1 year.
Exhibit I shows the proposed CVT system, and Exhibit 2 is a summary of the
proposed service for each route.
RECOMMENDATION: That Council accept this report and recommend to SCOOT
Board that the Board approve the proposed CVT service for FY 1992-93.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The fo 11 owi ng is a summary of the concerns raised by c it i zens regard i ng CVT
servi ce and the recommended plan for next fi sca 1 year at the March 17, 1992
meeting:
There should be bus service available durinq the same ooeratinq hours as
the San Dieqo Trollev.
Staff Resoonse: The South Line Trolley runs from approximately 4:30 a.m.
to I: 45 a. m. As i ndi cated on Exhi bit 2, the current 1 atest runni ng CVT
route is 701 until approximately 11:25 p.m. on weekdays. On board
passenger counts taken by SANDAG in September 1991, indicated a
significant drop in ridership on all CVT routes after 8:00 p.m. For
example, the average rider per trip before 8:00 p.m. on Route 701 was 21,
and 3.2 riders per trip after 8:00 p.m. A more recent on-board survey of
Routes 701, 702 and 703 after 6:00 p.m. was conducted on March 24 and
25. This count showed increased ridership on Routes 701, 702, and 703
after 8:00 p.m. compared with September, but still considerably less than
before 8:00 p.m. For example, Route 701 ridership after 8:00 p.m. was
7.2 riders per trip, 6.7 riders per trip on Route 702, and 4.6 riders per
trip on Route 703.
2.bA- (
Page 2, Item ~A
Meeting Date 4/21/92
Attached (Exhibit 3) for Council's information are tables prepared by
MTDB staff showi ng operat i ng hours of other fi xed route systems in the
region. CVT's operating hours are comparable to, and in some cases
greater than, the other systems'. A few San Diego Transit routes operate
past 12:00 a.m., but most stop before midnight. Two non-CVT routes
operate in Chula Vista - SDT Route 29 and MTDB Contract Route 932. Route
29 operates on Third Avenue until approximately 2:00 a.m.; Route 932,
which serves the "E" Street trolley station, stops service around 11:20
p.m.
A route's ope rat i ng hours are based on a number of factors, i ncl udi ng
ridership and cost of providing the service. Council may recall that the
operat i ng hours of many CVT routes were extended as part of the overall
service expansion in July 1991. Staff recommends that the operating
hours of the CVT routes proposed in Exhibit 2 be implemented next year,
and that the operat i ng hours of all routes cont i nue to be reevaluated
annually.
Lack of adequate service on weekends.
Staff Resoonse: Exhi bi ts 1, 4, and 5 show recommended servi ce for next
fi sca 1 year on Monday thru Fri day, on Saturday, and on Sunday. Simi 1 ar
to the operating hours issue, service on weekends is based to a large
extent on ri dershi p potential and cost. Based on the pub 1 i c' s comments,
staff reevaluated its initial recommendation and has recommended the
following additions to weekend service: operation of the new 712 route
on Sunday; and operat i on of Route 709 on Saturday. Si nce the present
Route 703 does not operate on Sunday, Route 712 operation on Sunday will
provide expanded, 7-day service to Community Hospital.
For Council's information, following is recent weekday, Saturday and
Sunday ridership for three CVT routes:
Weekdav Saturdav Sunday
701
702
705
1500
1300
800
700
500
600
680
300
500
Route 702 should provide service north of E Street to C Street
Staff Resoonse: As shown on Exhibit 6, Route 702 used to be split into
two segments - 702 and 702A. 702A was started years ago when San Diego
Transit Route 32 was terminated at the H Street Trolley Station and there
was no bus servi ce on Broadway north of H Street. However, with the
servi ce provi ded on Broadway by MTDB Contract Route 932, the Route 702A
was eliminated two years ago and combined with Route 702. The area
bounded by Broadway, C St., Third Ave., and E St. is within a quarter
mile walking distance of CVT Routes 706/706A, and 705, MTDB contract
Route 932, and San Diego Transit Route 29.
2bA-2
Page 3, Item .u, A-
Meeting Date 4/21/92
Route 702 service should be orovided to the Civic Center and Third Avenue
Area.
Staff Resoonse: Prior to July 1, 1991, both Routes 701 and 702 operated
on F Street, but with the expansion of Route 701 service, Route 702
service north of H Street was eliminated. However, since this change was
made to the 702, staff has recei ved a number of comments from ri ders
request i ng that the previ ous rout i ng be rei nst i tuted by extendi ng the
route on Second Avenue to F Street, then on F Street between Second and
Fourth Avenue, and then south on Fourth Avenue to the H Street station.
Staff is recommending this change to the 702. This change would enable
passengers direct access to the Norman Park Center, Third Avenue business
area, Library and Civic Center without transferring to another route.
Route 703 service should be extended.
Staff ResDonse: Earl ier this year, in response to concerns by some
residents on Oleander Avenue south of Orange Avenue regarding noise from
CVT buses, staff recommended reducing three trips in the evening on Route
703. This decision was based on low ridership on Route 703 after 8:00
p. m. (the September SANDAG count showed an average 2.5 passengers per
trip after 8:00 a.m.; the more recent count taken on March 24 and 25
showed 4.6 passengers per trip on Route 703 after 8:00 p.m.).
At the March 17, 1992 Council meeting, public concern was expressed that
Route 703 now stops too early for people attending the adult program at
Del Rey High School on Fourth Avenue which usually ends at 9:30 p.m. In
an attempt to accommodate Route 703 ri ders who may be attendi ng th i s
school, staff has revised the 703 schedule next fiscal year by reducing
servi ce frequency after 8: 00 p. m. but extendi ng the hours of servi ce
until 10:00 p.m. For example, departures from the H Street Station would
be at 7, 8, 8:30, 9:30, and 10 p.m., and from the Palomar Station at
7:45, 8:45, and 9:15 p.m. The 10 p.m. departure from the H Street
Station would permit individuals attending the Del Rey School to catch
the inbound CVT Route 704 and connect with the 10:00 p.m. 703 departure
on H Street. This schedule will not increase the frequency of service on
Oleander Avenue, but will actually result in three less trips daily than
are currently operated (at the beginning of the fiscal year there were 32
round trips daily on Route 703 which were reduced to 27 trips currently,
and the proposed schedule will result in 24 round trips daily).
This schedule change will accommodate riders attending the Del Rey Adult
Program without increasing service frequency on Oleander Avenue.
The fo 11 owi ng is a di scussi on of proposed CVT servi ce for next fi sca 1 year
which would increase the total system annual miles by 4%, from the current
1,082,000 to approximately 1,125,000. This proposal includes some
modifications to existing routes and the addition of a new route. This
proposal was presented to Council at its meeting on March 17, 1992. The
proposals underlined are changes staff are recommending based on public
comments received at the March 17, 1992 meeting.
UA'3
ROUTE 701:
ROUTE 702:
ROUTE 703:
ROUTE 704:
ROUTE 705:
ROUTE 706/:
706A
ROUTE 707:
Page 4. Item .2" fl
Meeting Date 4/21/92
No change is proposed for Route 701. This route provides the
most extens i ve servi ce of any CVT route in terms of ope rat i ng
time (5:10 a.m. to 11:25 p.m.) and duration (7 days a week).
Based on SANDAG passenger counts taken in Fa 11 1991, and on
more recent passenger counts taken by Transit staff in February
1992 of evening ridership, staff is recommending that no
changes be made to this route. For example, 10 passengers rode
on the last trip from Palomar Station at 10:45 p.m., and
comparable ridership was noted on other trips after 6:00 p.m.
RoutinQ chanQe recommended to add service on Second Avenue
between H Street and F Street. between Second Avenue and Fourth
Avenue and between Fourth Avenue and H Street.
Staff is recommendi ng that Route 703 servi ce to Chul a Vi sta
Community Hospital be el iminated, that Route 707 be changed to
terminate at the hospital, and a new Route 712 operate between
the Palomar Trolley Station and the hospital. This change to
Route 703 wi 11 improve servi ce frequency on the route and wi 11
also minimize out-of-direction travel on the hospital portion
of the current 703. (~ease refer to the discussion on Route
707 and 712 later in this report.)
In addition, as a result of a previous Council agenda item
regard i ng Route 703 servi ce on 01 eander Avenue between Orange
Avenue and Sequoia Street, Council asked staff to evaluate the
early morning trips on Route 703 to see if it might be feasible
to start Route 703 later. Route 703 was surveyed on February 5,
6, and 18, 1992. The 5:30 a.m. outbound trip to Palomar
Station had an average of 11 riders and the 6:00 a.m. inbound
trip (Palomar station to "H" Street) an average of 23 riders.
The 6:00 a.m. outbound trip had an average of II riders, and
the 6:30 a.m. inbound trip an average of 18 riders. Based on
this passenger ridership, staff recommends no change to the 703
weekday morning schedule.
Recommended chanQe to eveninQ schedule that would include a
10:00 o.m. deoarture from the H Street Station.
No change proposed for this route.
No change proposed for this route.
No change proposed for these routes.
Staff is recommending restructuring this route to terminate at
Chula Vista Community Hospital instead of Southwestern College,
and to delete service on Hidden Vista Drive in the Terra Nova
area. With the recommended addit i on of Route 709 servi ce all
~;4 ~ LI
ROUTE 708:
ROUTE 709:
ROUTE 711:
ROUTE 712:
Page 5. Item :u. A
Meeting Date 4/21/92
day, (please refer to Route 709 discussion), Route 707 service
to the College will no longer be needed. Terminating Route 707
at Community Hospital will provide service to the Medical
Center Drive area previously served by Route 703. The
elimination of the service on Hidden Vista Drive is recommended
due to low ridership and out-of-direction travel. This change
will enable Route 707 to operate on a GO-minute headway.
No change proposed for this route.
Staff is recommending the addition of off-peak GO-minute
service frequency on this route (Route 709 currently operates
only during morning and afternoon peak periods on a 30-minute
headway). This route would also be changed to serve the Kaiser
facility in EastLake and would provide all-day service to
Southwestern Coll ege. Staff also recommends the addit i on of
Saturdav service.
No change proposed for this route.
This new route would operate between the Palomar Street Trolley
Station and Chula Vista Community Hospital and would serve two
main functions: provide additional and complementary service
to Route 702 in the Palomar Street corridor whi ch is a high
ri dershi p area; and provi de servi ce on East Naples Street and
Medical Center Drive currently served by Route 703. This route
will operate on a GO-minute headway. Staff also recommends the
addition of Sundav service.
FISCAL IMPACT: The total estimated cost of these service changes for next
fiscal year is estimated at $82,000; the net cost estimate, based on a fare
recovery ratio of 40%, is $49,200. These proposed changes are included in the
FY 1992-93 SCOOT budget request. The cost of all SCDOT and CVT services are
funded by Transportation Development Act (TDA) 4.0 funds, fare revenue, and
investment earnings.
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TABLE 2.1
CHULA VISTA TRANSIT
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (Minutes) Vehicles One Way Lift
Type 01 Days of Operating Hours Length Frequency
Route Route Operation (Weekday) Peak Base Night Base Peak (Miles) (Minutes)
701 Local Monday - Sunday 5:30A - 11 :25P 30 30 30 2 2 10.8 30
702 Local Monday - Sunday 5:35A - 11 :40P 30 40 40 2 2 7.5 40
703 Local Monday - Saturday 5:30A - 11:15P 30 50 50 1 1 12.7 50
704 Local Monday - Saturday 5:40A - 10:00P 60 60 60 1 2 8.9 60
705 Local Monday - Saturday 5:55A - 10:00P 30 50 50 2 2 9.8 50
706 Local Monday - Saturday 9:00A - 7:35P 20 20 20 3 3 5.6 20
707 Local Monday - Saturday 6:05A - 7:20P 60 65 -- 1 2 9.2 65
708 Local Tuesday - Sunday 10:00A - 5:00P 25 -- -- 1 1 1.5 20
709 Local Monday - Friday 6:00A - 6:35P 30 -- -- 1 1 8.7 30
711 Local Monday - Friday 6:15A - 7:55P 50 50 -- 1 1 7.6 50
Totals
10 15 17 82.3
MTDB CONTRACT SERVICES
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (Minutes) Vehicles One Way Lift
Type of Days 01 Operating Hours Length Frequency
Route Route Operation (Weekday) Peak Base Night Base Peak (Miles) (Minutes)
901 Line Haul Monday - Sunday 4:55A - 1 :40A 15 30 30 5 9 19.7 15
913 Crosstown Monday - Friday 7:00P - 11 :OOP -- n 60 2 0 14.3 60
913 Crosstown Saturday - Sunday 7:00A - 6:00P -- 60 -- 2 0 14.3 60
932 Line Haul Monday - Sunday 5:15A -11:20P 30 30 30 7 7 19.1 0
933/934 Local Monday - Sunday 4:50A - 12:10A 30 30 60 4 4 14.9 30
936 Crosstown Monday - Saturday 6:25P - 10:55P n -- 60 2 0 11.3 60
Totals
6 22 20 93.6
Note: Route 933/934 mileage is lor one roundtrip. Route 901 includes Routes 901, 902 and 903.
-7-
:1/,A-e
EX Ihl3, T J
TABLE 2.2
NATIONAL CI1Y TRANSIT
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (Minutes) Vehicles One Way lIft
Type of Days 01 Operating Hours length Frequency
Route Route Operation (Weekday) Peak Base Night Base Peak (Miles) (MInutes)
601 Local Monday - Sunday 5:401.- 7:30P 30 30 -- 2 3 8.0 30
602 local Monday - Saturday 5:451.- 7:20P 30 30 -- 4 4 9.4 30
603 local Monday - Sunday 6:001.- 7:30P 30 30 -- 2 2 7.0 30
604 local Sunday 7:551.- 6:25P 30 30 -- 2 2 7.3 30
Totals
3 8 9 31.7
Note: Route 604 Is a Sunday service only combining Routes 601 and 602;
It Is not Included in the total lor number 01 vehicles.
SAN DIEGO COUNTY TRANSIT SYSTEM - FIXED ROUTE SERVICE
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (MInutes) Vehicles One Way lilt
Type 01 Days of Operating Hours length Frequency
Route Route Operation (Weekday) Peak Base Night Base Peak (Miles) (MInutes)
800' Express Monday - Friday 5:401. - 7:45P 15 -- -- 0 9 43.0 15
810' Express Monday - Friday 5:501. - 6:35P 20 -- -- 0 5 34.0 20
820' Express Monday - Friday 6:051. - 6:40P 20 -- -- 0 3 28.0 30
830' Express Monday - Friday 5:551. - 6:10P 30 -- -- 0 3 30.2 30
843 local Monday - Saturday 5:351. - 6:55P 60 60 -- 1 1 19.0 60
844 local Monday - Sunday 5:451. - 9:55P 30' 60 60 1 2 23.0 30
845 local Monday - Sunday 5:101. - 9:40P 30 60 60 1 2 25.0 30
846 local Monday - Sunday 5:101. - 9:40P 60 60 60 1.5 1.5 12.0 60
847 local Monday - Sunday 5:301. - 10:OOP 60 60 60 1.5 1.5 12.0 60
848 local Monday - Sunday 4:501. - 9:55P 30 60 60 2 3 10.0 30
852 local Monday - Saturday 5:101. - 10:05P 30 60 60 2 3 9.0 30
854 local Monday - Sunday 5:201. - 11 :ooP 30 60 60 3 6 23.0 30
856 local Monday - Saturday 4:301. - 11 :05P 30 45 60 2 3 14.0 30
858 local Monday - Sunday 5:001. - 10:30P 30 60 60 2 4 13.0 30
884 local Monday - Saturday 6:551. - 6:55P 60 120 -- 1 2 19.0 60
870' Express Monday - Friday 6:001. - 6:00P 30 -- -- 0 3 21.0 30
871/872 local Monday - Sunday 5:401. - 10:00P 15 15 30 2 4 6.1 15
Totals
17 20 56 341.3
Note: ' Non-ADA Route.
-8-
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TABLE 2.3
SAN DIEGO TRANSIT FIXED ROUTE
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (Minutes) Vehicles One Way Lilt
Type 01 Days 01 Operating Hours Length Frequency
Route Route Operation (Weekday) Peak Base Night Base Peak (Miles) (MInutes)
1 Line Haul Monday - Saturday 4:30A - 12:35A 30 30 30 6 6 11.2 30
2 Line Haul Monday - Sunday 4:35A - 1 :45A 5 10 30 12 15 10.1 10
3 Line Haul Monday - Sunday 5:25A - 12:00A 15 15 30 9 9 12.0 15
4 Line Haul Monday - Sunday 5:05A - 11 :30P 30 30 60 8 12 25.9 30
5/105 Line Haul Monday - Sunday 4:35A - 11:40P 30 30 60 8 9 26.5 30
6 Crosstown Monday - Sunday 5:40A - 11 :OOP 30 30 30 5 7 19.2 30
7 Line Haul Monday - Sunday 4:40A - 1 :50A 6 6 20 24 24 12.9 30-60
9 Line Haul Monday - Sunday 5:30A - 8:50P 30 30 30 4 4 12.5 60
11 Line Haul Monday - Sunday 4:15A -11:30P 15 15 30 14 20 23.6 15
13 Crosstown Monday - Friday 5:00A - 7:15P 30 30 60 4 4 14.3 60
15 Line Haul Monday - Sunday 4:35A - 1 :55A 30 30 60 9 10 24.3 30
16 LIne Haul Monday - Sunday 5:25A - 11 :35P 60 60 60 4 6 23.3 60
19 Express Monday - Friday 4:05A - 4:55P 15 -- -- 0 6 8.0 --
20 Express Monday - Sunday 4:55A - 11 :30P 15 30 60 9 15 37.4 30
25 Line Haul Monday - Sunday 5:25A - 11 :35P 30 30 60 8 8 22.4 30
27 Crosstown Monday - Sunday 6:10A - 9:00P 30 30 60 6 6 14.6 30-60
29 Line Haul Monday - Sunday 4:30A - 2:00A 30 30 60 9 9 24.1 --
30 Express Monday - Friday 5:30A - 8:50P 30 30 -- 7 10 32.0 30
34 Line Haul Monday - Sunday 5:15A - 1 :05A 15 15 30 15 15 26.0 15
35 Line Haul Monday - Sunday 5:10A - 12:55A 30 30 30 4 5 9.9 30
36 Crosstown Monday - Saturday 5:30A - 7:20P 45 45 60 3 3 10.8 45
40' Express Monday - Friday 6:05A - 6:25P 30 -- -- 0 3 18.7 --
41 Crosstown Monday - Sunday 5:40A - 11 :05P 30 30 60 4 4 16.1 . 60
43 Line Haul Monday - Sunday 5:35A -11:25P 60 60 60 3 3 20.1 60
50 Express Monday - Friday 5:45A - 6:50P 15 30 -- 6 10 18.5 30
55 Crosstown Monday - Sunday 4:55A -11:10P 30 30 30 4 4 11.0 60
70' Express Monday - Friday 6:05A - 6:25P 30 -- -- 0 3 11.6 --
81 Crosstown Monday - Sunday 5:40A -11:10P 30 30 60 6 6 20.9 30
115 Line Haul Monday - Sunday 5:25A - 10:45P 30 30 30 8 8 22.0 30
210' Express Monday - Friday 5:15A - 6:15P 15 -- -- 0 4 20.9 --
220' Express Monday - Friday 6:05A - 6:10P 15 -- -- 0 4 23.5 --
230' Express Monday - Friday 5:35A - 6:25P 15 -- -- 0 4 33.5 --
270' Express Monday - Friday 6:15A - 5:00P 30 -- -- 0 3 13.6 --
Special As Needed As Needed -- -- -- As Needed -- --
Totals 33 199 259 631.4
Note: 'Non ADA Route. Route 13 and Route 36 evening services are operated by MTDB Contract Services.
Special services: Route 14-Sunrunner (Memorial Day to Labor Day). 23-Misceilaneous. 71-Speclal Events. 72-Padre Senltce.
SAN DIEGO TROLLEY
FY 92 TRANSIT SERVICE DATA
OPERATIONS INFORMATION
Frequency (Minutes) VehIcles One Way Lilt
Type of Days of Operating Hours Length Frequency
Line Route Operation (Weekday) Peak Base Night Base Peak (Miles) (MInutes)
South Express Monday - Sunday 4:25A- 1 :45A 7.5 15 30 18 30 16.0 7.5
East Express Monday - Sunday 4:05A- 2:10A 15 15 30 16 29 18.0 15
Totals 2 34 59 34.0
jjpA-I"
-9-
COUNCIL AGENDA STATEMENT
Item J.b.8
Meeting Date 4/21/92
ITEM TITLE: Resolution /&51~ Authorizing SCOOT submission of FY
1992-93 Transportation Development Act (TDA) Article 4.0 Claim
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager,,_; (4/5ths Vote: Yes___No...l.J
o
The FY 1992-93 SCOOT Claim for TDA Article 4.0 funds to support Chula Vista
Transit (CVT) operations and capital procurements was submitted to SANDAG and
MTD8 on April 1, 1992, as required by State law. (Because the TDA guidelines
are not issued by SANDAG until the first week in March, Transit staff
genera 11 y does not have adequate time to prepare the cl aim for approval by
Council pri or to the April I submi ss i on date; however, an amendment to the
claim may be made at any time after submission to SANDAG and MTDB by direction
of Council.) The total SCOOT claim is $5,769,000, consisting of $5,669,775
claimed against the City of Chula Vista's TDA funds and $99,225 claimed
against the County of San Diego's TDA funds.
RECOMMENDATION: That Council authorize SCOOT Board to submit the FY 1992-93
TDA Article 4.0 claim.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The FY 1992-93 SCOOT claim consists of the following components:
City of County of
Chula Vista San DieQo Total
Operations $1,860,775 $99,225 $1,960,000
Cap ita 1 3,809,000 0 3,809,000
Total $5,669,775 $99,225 5,769,000
The $99,225 from the County's TDA account is for CVT service in unincorporated
areas provided by Routes 705 and 711. The $5,669,775 is for the balance of
SCOOT ope rat i ng and capital costs cl aimed against the City of Chula Vi sta 's
lOA funds as contained in the prel iminary FY 1992-93 SCOOT budget request.
Also included in this amount claimed is $23,000 for 50% share of Bayfront
Trolley Station operating costs next fiscal year (the other 50% will be
provided by the County of San Diego), and SCOOT share of items contained in
other City of Chula Vista Department budget requests, including $3,700,000 for
SCOOT's initial share for development of a new City maintenance yard
facility. This claim, including prior year's unallocated funds, will leave a
balance in the Chula Vista TDA account of $1,519,389. The City's unclaimed
funds may be used for future capital or operating expenditures.
).~ 6 ' (
Page 2, Item
Meeting Date 4/21/92
The following is a breakdown of estimated SCOOT costs and income sources for
FY 1992-93.
Estimated Costs
Contractual Service for CVT Operation
Other Supplies & Services
Capital Outlay
Total Estimated Costs (including
supplemental budget requests)
$2,208,420
841,580
3.809.000
$6,859,000
Estimated Income Sources
Fare Revenue
TDA Article 4.0 Funds
Investment Earnings
Total Income Sources
$1,050,000
5,769,000
40.000
$6,859,000
The claim is based on estimated costs and income for FY 1992-93. The claim is
subject to modification due to: changes in the proposed FY 1992-93 SCOOT
budget, and a difference between actual and estimated SCOOT operating and
capital costs and revenues in FY 1992-93.
FISCAL IMPACT: The FY 1992-93 TDA Article 4.0 Claim contains no City of
Chul a Vi sta General Fund contri but i on. SCOOT operat ions and capital
procurements are funded by City of Chul a Vi sta TDA Art i cl e 4.0 funds, County
of San Diego TDA Article 4.0 funds, fare box revenue, and investment earnings.
WMG:File/DS-022
WPC 1542T
~/Ev2
RESOLUTION NO. {",q ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SCOOT SUBMISSION OF FY
1992-93 TRANSPORTATION DEVELOPMENT ACT (TDA)
ARTICLE 4.0 CLAIM
WHEREAS, the FY 1992-93 SCOOT Claim for TDA Article 4.0
funds to support Chula vista Transit (CVT) operations and capital
procurements was submitted to SANDAG and MTDB on April 1, 1992, as
required by State law; and
WHEREAS, the total SCOOT
of $5,669,775 claimed against
apportionment for FY 1992-93 in
$99,225 claimed against the
apportionment.
claim is $5,769,000, consisting
the city of Chula vista's
the amount of $2,297,825 and
County of San Diego's TDA
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize SCOOT submission of
FY 1992-93 Transportation Development Act Article 4.0 Claim in the
amount. ·
Presented by
d as t
vl
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\TDA 4.0 Claim
').t,E d
COUNCIL AGENDA STATEMENT
Item ~c...,
Meeting Date 4-21-92
ITEM TITLE: Resolution (bStlS Approving agreement between the City of
Chula Vista and SCOOT for transit service in FY 1992-93
SUBMITTED BY: Director of Publ ic Works ~
REVIEWED BY:
City Managej4
(4/5ths Vote: Yes__No-!-)
v
SCOOT was established in August 1979 as a joint powers agency between the City
of Chula Vista and the County of San Diego. SCOOT provides transit service to
both members and makes Transportat i on Development Act (TDA) claims against
each member's apportionment based on transit servi ces provi ded. Thi s
agreement specifies transit service provided by SCOOT in the City of Chula
Vista. SCOOT must submit a copy of this agreement to SANDAG by July 1, 1992,
in order to release Chula Vista TDA Article 4.0 funds for SCOOT operations in
FY 1992-93.
RECOMMENDATION: That Council approve thi s agreement for provl Slon of
transit service by SCOOT in the City of Chula Vista for FY 1992-93.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The SCOOT FY 1992-93 TDA Article 4.0 claim contains $5,669,775 claimed against
the City of Chula Vista's TDA funds. The total Chula Vista TDA balance
(including prior years' unallocated funds) is $1,618,614. These unallocated
funds may be used for future capital or operations expenditures.
Chula Vista Transit (CVT) service in the City of Chula Vista during FY 1992-93
is est imated at 1,083,944 revenue mil es, and increase of about 4% from FY
1991-92.
Except for updated costs and operating stat i st i cs est i mated for FY 1992-93,
all other major provisions of the FY 1992-93 agreement are the same as the FY
1991-92 agreement.
FISCAL IMPACT: Following is a summary of TDA Article 4.0 funding to support
SCOOT operations in FY 1992-93.
FY 1992-93 SCOOT CLAIM
Operations
Capita 1
TOTAL
WPC 1543T
FILE: DS-022
$1,860,775
3,809,000
$5,669,775
$99,225
o
$99,225
Total
$I ,960,000
3,809,000
$5,769,000
City Account
Countv Account
'lJ,e -I
RESOLUTION NO./ ~ ~q5"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND SCOOT FOR TRANSIT
SERVICE IN FY 1992-93
WHEREAS, SCOOT was established in August 1979 as a joint
powers agency between the city of Chu1a vista and the County of San
Diego to provide transit service to both members and makes
Transportation Development Act (TDA) claims against each member's
apportionment based on transit services provided; and
WHEREAS, this agreement specifies transit service
provided by SCOOT in the City of Chu1a vista which must be
submitted to SANDAG by July 1, 1992 in order to release Chu1a vista
TDA Article 4.0 funds for SCOOT operations in FY 1992-93.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chu1a vista does hereby approve Agreement between the
city of Chu1a vista and SCOOT for Public Transportation services
for FY 1992-93, a copy of which is on file in the office of the
city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chu1a vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
al :JJ
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
ity
C:\rs\Scoot fy 92-93
~j- e - 2...
AGREEMENT BETWEEN
SOUTH COAST ORGANIZATION OPERATING TRANSIT
AND
THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FY 1992-93
THIS AGREEMENT is entered into by and between the City of Chula
Vista, hereinafter called "City", and the South Coast Organization Operating
Transit, hereinafter called "Operator".
RECITALS
WHEREAS, Operator will operate a publ ic bus transportation system
known as Chula Vista Transit (CVT) within the City of Chula Vista and its
immediate environs; and
WHEREAS, Operator and City are desirous of having Operator provide
transit service to areas within the jurisdiction of City; and
WHEREAS, Operator is unable to provide satisfactory and adequate
service to the citizens of City without the financial aid of City; and
WHEREAS, City recognizes the value of the service to be provided by
Operator to its citizens and is willing to contract with Operator to provide
transportation service through the incorporated area of City and within
certain designated locations therein; and
WHEREAS, SCOOT is an eligible transit operator to the extent
authorized by Section 99210 of the Public Utilities Code, and
WHEREAS, Public Utilities Code Section 99288 authorizes City and
Operator to enter into a contract for Operator to provide such public
transportat ion servi ce in the incorporated area of the City and permitt i ng
Operator, when such contract is entered into, to cl aim for 1 oca 1
transportat ion purposes from the Local Transportation Fund the apportionment
of the City, or so much thereof as may be a9reed upon, in the manner provided
in Article 4 (commencin9 with Section 99260) of the Mills-Alquist-Deddeh Act
(Ch. 4, Pt. 11, Div. 10 of the Public Utilities Code); NOW, THEREFORE,
IT IS MUTUALLY AGREED between the parties hereto, upon the following
terms, covenants and conditions:
SECTION 1.
Public Bus Transportation System:
A. Operator hereby agrees to provide public bus transportation
services through and within the incorporated area of City for the benefit of
citizens of and visitors to City, upon routes set forth on attached Exhibit A.
UC-3
B. In the provlslon of said transportation services along said
routes, Operator shall substantially adhere to the route, frequency of
operation and schedules of arrivals and departures set forth in said Exhibit A.
C. Operator shall perform one passenger count of passengers
boarding and departing the bus within the incorporated area in conjunction
with the San Diego Association of Governments counting program. This count
wi 11 be made for all schedul ed tri ps for a one week peri od, Monday through
Saturday. A report summarizin9 the results of this count will be submitted to
City no later than three weeks after count has been taken. Additionally,
Operator shall submit monthly passenger ridership and mileage counts, by
route, to City.
SECTION 2.
Consideration for Services:
A. As and for consideration for the foregoing services, City hereby
agrees that Operator, with authorization, may include in any claim filed or to
be filed for the FY 1992-93 with the Regional Transportation Planning Agency
in San Diego County under the provisions of Article 4 (commencing with Section
99260) of the Mills-Alquist-Deddeh Act (Chpt. 4, Pt. 11, Div. 10 of the Public
Ut il it i es Code) an amount up to but not exceed i ng the apport i onment to the
incorporated area of the City of Chula Vista.
B. It is hereby agreed by and between the parties that Operator
will provide all the services described in Exhibit A hereto from July I, 1992,
to June 30, 1993, and that if Operator shall perform only a portion of such
services, Operator shall be entitled to actually receive from the Regional
Transportation Planning Agency only an amount equal to that percentage of the
total amount which the amount of service rendered bears to the total amount of
service, as determined by reference to Exhibit A and the period of time for
which any partial service is rendered.
C. In furtherance of paragraph B, Operator shall be entitled to
receive the consideration hereunder in twelve (12) equal payments starting on
July I, 1992, and ending on June 30, 1993.
D. In the event that the amount allocated to Operator by the
Regional Transportation Planning Agency is insufficient to meet the cost of
services hereunder as set out in Exhibit A, Operator a9rees to immediately so
notify City. City agrees in that event that this agreement shall be amended
to reduce the services hereunder or to pay to Operator from other sources the
amount necessary to meet the balance owing.
SECTION 3.
Vehicles to be Provided and Storage Thereof:
Operator agrees to provide an adequate number of units of buses of
the transit type subject to the approval of the Chula Vista Transit
Coordi nator. Operator wi 11 serve the Ci ty of Chula Vi sta wi th twenty-nine
(29) bus units in FY 1992-93 which are hereby approved as the number and type
to be used in the service of intra-city bus transit. It is agreed that any
unit
-2-
W-i/
utilized will be clearly marked and identified as the Chula Vista Transit
Service and such units will contain route designation signs located in the top
front window compartment of each unit and will constantly be used on the
respect i ve route except incases of bus breakdown or emergency ma i ntenance.
It is further agreed that this and any other such designation approved by the
Chula Vista Transit Coordinator will be appropriately implemented by the
Operator and its employees. Operator will paint all coaches that will be
newly placed in Chula Vista Transit Service in the appropriate color scheme.
All identification, si9ns, insi9nia and colors to be used on the buses shall
be subject to the approval of the City. City agrees to provide at the City of
Chula Vista shops, located at the northwest corner of "F" Street and Woodlawn
Avenue in the City of Chula Vista, necessary spaces for the storage and
maintenance of said units. Said spaces shall be designated and Operator shall
insure that no other area of the shops are used for said purpose and shall
exercise control over all of its employees to insure a maximum degree of
security for City of Chula Vista buildin9s and equipment subject to the
control of the Transit Coordinator of the City of Chula Vista.
Operator agrees that any and all basic and supplemental units 'which
are designated for use in the Chula Vista Transit operation and which are
permanently identified as such by distinctive colors, painted designs, signs
or other means will be reserved for excl usi ve use in said operat ion and wi 11
not be used for hire by other persons, or groups of persons, company,
organization, etc. Operator further agrees that said vehicles will not be
operated on publ ic streets for any purpose other than required to operate,
maintain, repair, wash, license, fuel, shuttle, or other activity associated
with the normal ope rat i on of the Chula Vi sta Trans i t System unl ess
specifically authorized by the Transit Coordinator, or his designated
representat i ve. Pri or to 1 eas i ng and/or acqui ri ng any repl acement or
additional vehicles used in Chula Vista Transit Service, Operator will notify
the Chul a Vi sta Trans i t Coordi nator, or hi s designated representative. The
Chul a Vi sta Trans i t Coordi nator wi 11 have the authori ty to inspect and/or
reject any buses proposed for Chul a Vi sta Trans it servi ce based on industry
accepted operational/maintenance standards.
SECTION 4.
Insurance:
Operator shall carry and maintain in full force and effect throu9hout
the term of this Agreement, a public liability insurance policy with a single
limit of not less than TEN MILLION DOLLARS ($10,000,000). Operator will be
responsible for any deductible, and will be liable for such payment under any
insurance claim made naming City of Chula Vista and County of San Diego as
co-insureds, and a copy of such binder shall be filed with the City Transit
Coordinator before commencement of rendition of services hereunder. The
insured waives any right of subrogation against City which may arise by reason
of any payment under this policy. This is considered primary coverage for
additional insureds. Operator also agrees to secure and maintain during the
term of this Agreement, Worker's Compensation Insurance covering all employees
of Operator employed in the rendition of services hereunder, and shall furnish
City Transit Coordinator with Certificates evidencing that such insurance is
in effect.
-3-
;2&'C- 5
SECTION 5.
Audit :
The City Finance Director shall verify and report in writing, as soon
as possible after the first day of July, October, January, and April of each
fi sca 1 year, to Operator and to the County of San Di ego the amount of SCOOT
funds he holds, the amount of receipts since his last report, and the amount
paid out since his last report.
The City Finance Director shall either make or shall contract with a
certified public accountant to make an annual audit of those accounts and
records of SCOOT within 180 days after the end of each fiscal year. The
minimum requirements of the audit shall be those prescribed by Section 6505 of
the Government Code as well as by Section 99245 of the Public Utilities Code.
The audit shall conform to generally accepted auditing standards. Within 180
days following the end of each fiscal year, a report of the audit covering
that fiscal year shall be filed as a publ ic record with the Auditor of the
City of Chula Vista and County of San Diego. All costs of the audit shall be
borne by Operator and shall be a charge against any unencumbered funds of
SCOOT available for that purpose. Audits required by the Transportation
Development Act shall be undertaken in accordance with the requirements of
this Act. City may audit SCOOT records at any time during normal business
hours.
SECTION 6.
Indemnification:
A. City, its agents, officers, and employees, shall not be held
liable for any claims, liabilities, penalties, fines or for damage to any
goods, properties or effects of any person whatsoever, nor for personal
injuries to or death of them, or any of them, caused by or resulting from any
negl igent act or omi ss ions of Operator, not i ncl udi ng 1 i ability by reason of
acts or omissions caused by City, its agents or employees; and Operator, its
agents, officers, and employees shall not be held liable for any claims,
liabilities, penalties, fines or for damage to any goods, properties or
effects of any person whatsoever, nor for personal injuries to or death of
them, or any of them, caused by or resulting from any negl igent acts or
omissions of City, or its agents, employees, or representatives, not including
1 i abil ity by reason of acts or omi ss ions caused by Operator, its agents or
employees.
B. Operator further agrees to indemnify, and save free and harmless
City ~nd its authorized agents, officers and employees against ne9ligent acts
or oml ssi ons caused by Operator, and any cost and expenses incurred by the
respective parties on account of any claim therefor, and City agrees to
indemnify and save free and harmless the Operator and its authorized
representatives and employees against negl igent acts or omissions caused by
City, its agents or employees, and any cost and expenses incurred by the
respective parties on account of any claim therefor.
C. It is contemplated by the parties that this indemnity agreement
is not 1 imited in any way by the extent of any policy of insurance currently
in force and held by either party.
-4-
JJ,c .. "
SECTION 7.
When Rights and Remedies Not Waived
In no event shall any payment by City hereunder constitute or be
construed to be a waiver by City of any breach of conditions or any default
which may then exist or while any such breach or default shall exist in no way
impairs or prejudices any right or remedy available to City with respect to
such breach or default.
SECTION 8.
Integrated Document:
This document embodies the agreement between City and Operator for
the transportation service described herein and its terms and conditions. No
verbal agreements or conversations with any officer, agent or employee of City
prior to the execution of this Agreement shall affect or modify any of the
terms or obligations contained in any documents comprising this Agreement.
Any such verbal a9reement shall be considered as unofficial information and in
no way binding upon City.
SECTION 9.
Severability of Provisions:
If any provisions of this Agreement are held inval id, the remainder
of this Agreement shall not be affected thereby if such remainder would then
continue to conform to the terms and requirements of applicable law.
SECTION 10. Term of Agreement:
The term of this Agreement shall be from July I, 1992, to June 30,
1993.
SECTION II. Termination:
It is understood and agreed that either party to this agreement may
cancel said agreement for reasonable cause (i.e., a failure by either party to
substant i ally perform in accordance with the terms and condit ions of thi s
contract), by written notice. Said cancellation notice shall provide for
terminating sixty (60) days from the date of delivery. It is understood and
agreed that during this period of time both parties shall work toward
satisfying the cause or reason(s) for the request for termination in a manner
mutually beneficial to the parties. If a mutual agreement cannot be worked
out, then all rights and obligations of the parties hereto shall forthwith be
extinguished and terminated at the termination of said sixty (60) day period.
In the event of termination by either party, as stated above, City's
1 iabil ity hereunder will be 1 imited to the pro rata share of the monthly
compensation for work or services performed prior to the effective date of
termination.
SECTION 12.
Independent Contractor:
Operator is, for all purposes artSlng out of this Agreement, an
independent contractor and no direct employee of Operator is, for any purpose
arising out of this Agreement, an employee of City.
-5-
2"c- -,
SECTION 13. Equal Opportunity and Affirmative Action:
Operator shall be in compliance with all Equal Opportunity and
Affirmative Action Laws.
SECTION 14. Sale or Transfer:
Operator agrees that it will not sell, assign, or transfer in whole
or in part, any right, title, or interest it possesses by reason of this
agreement to any other person, without first obtaining the written consent of
City to such sale, assignment or transfer.
IN WITNESS WHEREOF, the
be executed by their respective
this day of
parties hereto have caused this Agreement to
representatives thereunto duly authorized on
, 1992.
THE CITY OF CHULA VISTA
SCOOT
Mayor of the City of Chula Vista
Chairman of SCOOT Board of Directors
Approved as to form by:
ll.~z~
SCOOT Attorney.
WPC 1420T
-6-
~C .. ~
EXHIBIT A
CVT Projected Service and Cost Summary
FY 1992/93
Cost at Cost at
$2.65 $0.5200 Net
Route MiJ.ll Per Mil e PassenQers Per PassenQer ~
701 1,083,944 $2,872,451 1,945,530 $I,01l,676 $I ,860, 775
through
712
*Includes all service and costs for CVT operations in FY 1992/93 except those associated
with County service on Routes 705 and 711.
WPC 1420T
2t-c -If
Exhibit A
Chula Vista Transit Route Descriptions
FY 1992/93
Route 701
Beginning at H Street Trolley Station, east on H Street, north on 4th Avenue, east on F Street, south
on 1 st Avenue, east on H Street, south on HIlltop Drive, east on Rienstra Street, south on Melrose
Avenue, Rancho Drive, Regency Way, west on OIay Valley Road, west on Main Street, north on
4th Avenue, west on Anita Street, north on Industrial Boulevard, east on Palomar Street, and into
the Palomar Street Trolley Station.
Inbound Trips: Follow the same route description except in the opposite direction.
Route 702
Beginning at the H Street Trolley Station, east on H Street, south on 2nd Avenue, east on J Street,
south on Hilltop Drive, east on L Street, south on Melrose Avenue, west on Palomar Street, south
on HIlltop Drive, west on Quintard Avenue, north on 2nd Avenue, west on Palomar Street, and into
the Palomar Street Trolley Station.
Inbound Trips: Follow the same route description except in the opposite direction.
Route 703
Beginning at the H Street Trolley Station, east on H Street, south on 3rd Avenue, east on J Street,
south on Lori Lane, south on Crest Drive and south on Oleander Avenue, east on Sequoia, north
on Brandywine, west on Orange Avenue and west on Palomar Street, and into the Palomar Street
Trolley Station.
Inbound Trips: Follow the same route description except in the opposite direction
Route 704
Beginning at the H Street Trolley Station, east on H Street, south on 4th Avenue, east on Naples
Avenue, north on Oleander Avenue, east on Telegraph Canyon Road, north on OIay Lakes Road
to entrance into Southwestern College.
Inbound Trips: North on OIay Lakes Road, west on East H Street to Buena Vista Way, south on
Buena Vista Way to Telegraph Canyon Road where the route picks back up again going inbound
and in the opposite direction.
Route 705
Beginning at the Bayfront/E Street Trolley Station, north on Woodlawn, east on E Street, east on
Bonita Road, north on Plaza Bonita Road to Plaza Bonita Shopping Center and to the Montgomery
WARDS and then exit Plaza Bonita Shopping Center, south on Plaza Bonita Road, east on Bonita
Road, south on OIay Lakes Road, northeast on Gotham Avenue, southwest on Rutgers, west on
Otay Lakes Road, north on OIay Lakes Road to southside of Gotham Avenue across from
Southwestern College.
Inbound Trips: Follow the same route description except in the opposite direction.
'J../eC -/0
Chula Vista Transit Route Descriptions for FY 1992/93
Page #2
Route 7061706A
For Route 706: Beginning at the H Street Trolley Station, east along H Street, north on 4th
Avenue to C Street and southeast on C Streetto 3rd Avenue, south of 3rd Avenue, west on J Street,
north on 5th Avenue, weston I Street, north on Broadway, west on H Streettothe H Street Trolley
Station.
For Route 706A: Beginning at the BayfronVE Street Trolley Station, north on Woodlawn
Avenue, east on E Street, south on 4th Avenue, west on I Street, south on 5th Avenue, east on
J Street, north on 3rd Avenue to C Street, northwest on C Street to 4th Avenue, south on 4th
Avenue, west on E Street, south on Woodlawn Avenue to the Bayfront/E Street Trolley Station.
For Route 706A Diversions to KOA Camocround: On 3rd Avenue and 0 Street, selective trips
divert east on 0 Street to 2nd Avenue, north on 2nd Avenue to the KOA Campground; and thence,
south on 2nd Avenue to C Street, west on C Street to Glover Avenue, south on Glover Avenue to
C Street, west on C Street to 4th Avenue where the route picks back up again.
For Route 706A Diversion to ChuIa Vista Marina: At the Bayfront/E Street Trolley Station on
selective trips, go south on Woodlawn, west on F Street, south on Marina Parkway, west on G
Street, south on Sandpiper Way, east on Sandpiper Way, north on Marina Parkway, west on G
Street, north on Marina Parkway, east on F Street, north on Woodlawn Avenue to the Bayfront/E
Street Trolley Station.
Route 707:
Beginning at the H Street Trolley Station, east on H Street and East H Street to Paseo Del Rey,
south on Pas eo Del Rey, east on East J Street, south on River Ash, east on Blckwood Drive, south
on Paseo Ladera, west on Telegraph Canyon Road, south on Medical Center Drive to Chula Vista
Community Hospital.
Inbound Trips: Follow the same route description except in the opposite direction.
Route 708:
Beginning at the Bayfront/E Street Trolley Station, south on Woodlawn Avenue, west on F Street,
north on Bayboulevard to the Park-and-Ride Lot ofthe Nature Interpretive Center on E Street and
Bay Boulevard, and then west into the Nature Interpretive Center compound along the access road.
Inbound Trips: Follow the same route description except in the opposite direction.
Route 709:
Trios Until 3:30 o.m. Deoarture Time: Beginning at the H Street Trolley Station, east on H
Street and east on East H Street, south on Otay Lakes Road, east on Otay Lakes Road, north on
Lane Avenue, west on Fenton Drive, north on Kuhn Avenue, south on Miller Drive, north on
Eastlake Parkway and into Eastlake Drive, north on Lakeshore Drive and around Lakeshore Drive
to Eastlake Drive, north on Eastlake Drive across East H Street to Eastlake Drive to Hillside Drive
where V-turn is made back onto East/ake Drive to East H Street, southwest on East H Street to H
Street, west on H Street to H Street Trolley Station.
2'C -/ I
Chula Vista Transit Route Descriptions for FY 1992/93
Page #3
Route 709 (Continued)
Inbound Trips: Begin at the intersection of East/ake Drive and East H Street after the turnaround
on East/akeDrive and travels west East H Street and H Street back to the H Street Trolley Station.
Trios After 3:30 O.m. Deoarture Time: Beginning at the H Street Trolley Station, east on H
Street and east on East H Street to Lakeshore Drive, southeast on Lakeshore Drive and around
Lakeshore Drive to Eastlake Drive, south on Eastlake Drive and into East/ake Parkway, north on
Miller Drive, south on Kuhn, east on Fenton Drive to Lane Avenue. South on Lane Avenue,
southwest on Dtay Lakes Road, northwest on Dtay Lakes Road, west on East H Street to H Street,
and west on H Street to the H Street Trolley Station.
Inbound Trips: Begin at the intersection of Lane Avenue and Dtay Lakes Road by Kaiser
Permanente Eastlake Medical Facility and proceeds west on Dtay Lakes Road, north on Dtay
Lakes Road to East H Street, and weston East H Street and H Street to the H Street Trolley Station.
Route 711:
Beginning at Southwestern College, north on Olay Lakes Road, east on East H Street, north on
Corral Canyon Road, west on Central Avenue, west on Bonita Road, north on Willow Road, west
on Sweetwater Road, south on Mesa Vista Way, west on Bonita Mesa Road, north on Plaza Bonita
Road, and into the Plaza Bonita Shopping Center and the Montgomery WARDS.
Inbound Trips: Follow the same route description except in the opposite direction.
Route 712:
Beginning atthe Palomar Street Trolley Station, east on Palomar Street, north on Me/rose Avenue,
east on East Naples, south on Medical Center Drive to the ChuIa Vista Community Hospital.
Inbound Trips: Follow the same route description except in the opposite direction.
2/Dc-/2..
COUNCIL AGENDA STATEMENT
Item 11 A
ITEM TITLE:
Meeting Date 4-21-92
Submission of FY 1992-93
(TDA) Article 4.5 and
operation
Reso 1 ut i on II.. 5'i1. Approvi ng
Transportation Development Act
Proposition A Claim for HandYtrans
SUBMITTED BY: Director of Public Works uv-
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_No..lL)
v'
The City of Chula Vista's FY 1992-93 TDA Article 4.5 and Proposition A Claim
to support HandYtrans ope rat i on was submitted to SANDAG and MTDB on April I,
1992 as required by State law. (Because the TDA guidelines are not issued by
SANDAG unt il the fi rst week in March, Trans it staff generally does not have
time to prepare the cl aim and obtain Counci 1 approval pri or to the April 1
mandated submission date; however, an amendment to the claim may be made at
any time by direction of Council.) The claim consists of $225,600 in TDA
Article 4.5 funds and $21,560 in Proposition A funds.
In addition, this claim assumes $47,900 in fare revenue, based on a fare
increase from the current $1.25 to $2.00 effective October 1, 1992. This fare
increase is proposed for two reasons: to generate additional income for
operating support to offset an approximate 20% reduction in TDA 4.5 funds next
fiscal year; and to implement the Americans with Disabilities Act (ADA)
requi rements cons i stent with the MTDB Compl ementary Paratrans i t Pl an. The
MTDB will conduct a public hearing on the paratransit service fare structure
at its meeting on April 23, 1992. A copy of the draft MTD Board agenda item
on this fare structure is attached (Exhibit I) for Council's information. In
addition to the publ ic hearing notification on this item by MTDB, City of
Chula Vista Transit staff has MTDB publ ic hearing notices available on all
HandYtrans vehicles for distribution to passengers.
RECOMMENDATION: That Council approve submission of the FY 1992-93 TDA
Article 4.5 and Proposition A Claim.
BOARDS/COMMISSIONS RECOMMENDATION: At its meeting on March 14, 1992, the
El derly and Handi capped Transportat i on Committee concurred with the proposed
MTD8 Americans with Disabilities Act Complementary Paratransit Fare Structure,
which would set a $2.00 fare on HandYtrans effective October 1, 1992.
DISCUSSION:
Following is a breakdown of estimated operating costs and funding sources for
HandYtrans in FY 1992-93 based on the preliminary budget request:
Estimated Cost
Contractual Services
Other Supplies and Services
TOTAL COSTS
$282,560
13.500
$296,060
?.7A ~I
Page 2, Item
Meeting Date 4-21-92
Estimated Income
lOA 4.5 Funds
Proposition A Funds
Fare Revenue
Investment Earnings
lOTAL INCOME
$225,600
21,560
47,900
1. 000
$296,060
The total estimated cost for next fiscal year is a 3.8% increase over this
year; the contractual services component is less than a 1% increase from the
current fiscal year. Although the estimated costs for next fiscal year are a
moderate increase of 3.8%, the lOA Article 4.5 funds available next fiscal
year have been reduced by approximately 20% due to the recession. Based on
these estimated costs and income sources, fare revenue generated by the
current $1. 25 HandYtrans fare woul d result i n total est imated fare revenue
next fiscal year of $34,000, leaving a budget shortfall of approximately
$14,000.
Increasing the Handvtrans fare from $1.25 to $2.00, the maximum fare allowed
under the ADA and cons i stent with the MlOB Complementary Paratrans it Plan,
would generate an estimated $47,900 in fare revenue, a sufficient amount to
fund the proposed budget and maintain the existing number of operating hours
next fiscal year. A report on this Plan was accepted by Council on January 7,
1992 (Exhibit 2) and accepted by the SCOOT Board on January 23, 1992. One ADA
requirement is that public entities operating fixed route transportation
service like CVT also provide complementary paratransit service to individuals
unable to use, or access, the fixed route system. Furthermore, ADA el igible
individuals must be given priority paratransit service over non-ADA persons.
The 1 aw al so stipulates that the paratransit system providing compl ementary
service may charge up to twice the fare of the fixed route systems base fare,
or $2.00 in the case of HandYtrans, since the CVT base fare is $1.00.
Although this $2.00 fare is a 60% increase over the current $1.25 fare,
HandY trans has not had a fare increase since July 1986. In addition, as
proposed in the Pl an, Handvtrans operat i ng times wi 11 be expanded in October
1992 from the current 8:00 a.m. to 4:30 p.m., to 7:00 a.m. to 6:00 p.m., so
the fare increase will coincide with expanded operating time next fiscal year.
MTDB staff, in conjunction with representatives from local paratransit
operators, have been worki ng on an amendment to the regi ona 1 fare structure
which will be presented to the MTDB Board for approval in May 1992. The main
purpose of this regional fare structure amendment will be to incorporate the
Article 4.5 paratransit operators into the regional fare structure to comply
with the ADA. MlOB will conduct a publ ic hearing on these changes to the
regional fare structure on April 23, 1992.
Staff estimates that more than half of the current HandYtrans riders will be
ADA eligible, meaning that the individual either will not be able to ride a
fixed route bus, or unable to access the bus by walking from the person's home
;Z7A~2..
Page 3, Item
Meeting Date 4-21-92
to the bus stop. Any individual who is not ADA eligible, but is currently
using HandYtrans, (for example, a senior who has no transportation related
disability) will have two public transportation options available: the person
may still use HandY trans, although service priority must be given to an
ADA-eligible person; or by definition, the non-ADA person would be able to use
CVT. All seniors and disabled persons qualify for a reduced cash fare of 60t
on CVT, or may purchase a monthly pass in the amount of $11.00 which permits
unlimited ridership on all fixed route systems in the region.
There are many uncertainties regarding ADA complementary service, including
the number of ADA-eligible clients that will be certified, and future
funding. Accordingly, during the next six months, SANDAG, MlOB, and transit
staffs from various jurisdictions will be looking at options for complying
with the ADA, including possible additional funding sources to support
mandated paratransit services.
FISCAL IMPACT: HandYtrans operation for FY 1992-93 is funded by lOA Article
4.5 funds, Proposit i on A funds, farebox revenue, and investment earni ngs. A
fare of $2.00 on HandYtrans, effective October 1, 1992, will provide
suffi ci ent revenue to ma i nta in the exi st i ng servi ce 1 eve 1 ( annual operat i ng
hours), and to comply with the MTDB Complementary Paratransit Plan to
implement the Americans with Disabilities Act.
WMG:DT-005
WPC 1544T
274'3
RESOLUTION NO. 'le.t?qb
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMISSION OF FY 1992-93
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE
4.5 AND PROPOSITION A CLAIM FOR HANDYTRANS
OPERATION
WHEREAS, the City of Chula vista's FY 1992-93 TDA Article
4.5 and Proposition A Claim to support HandY trans operation was
submitted to SANDAG and MTDB on April 1, 1992 as required by state
law; and
WHEREAS, the claim consists of $25,600 in TDA Article 4.5
funds and $21,560 in Proposition A funds; and
WHEREAS, in addition, this claim assumes $47,900 in fare
revenue, based on a fare increase from the current $1.25 to $2.00
effective October 1, 1992; and
WHEREAS, the MTDB will conduct a public hearing on the
paratransit service fare structure at its meeting on April 23, 1992
and in addition to the public hearing notification on this item by
MTDB, the City of Chula vista Transit staff has MTDB public hearing
notices available on all HandY trans vehicles for distribution to
passengers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve submission of FY 1992-
93 Transportation Development Act (TDA) Article 4.5 and Proposition
A Claim for HandY trans operation.
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\n\4.5TDA
t7;q~~
COUNCIL AGENDA STATEMENT
Item "2.1)g
Meeting Date 4/21/92
ITEM TITLE: Resolution 1~'5-n Approving Second Amendment to agreement
between the City of Chula Vista and Dave Transportation
Service, Inc. for HandYtrans operation
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager,yr (4/5ths Vote: Yes___No-X-)
"
On May 17, 1988, the City and Dave Transportation Services entered into an
agreement for HandYtrans operation for a 3-year term which expired on June 30,
1991. The agreement contained an option to extend the service for two
additional years, through June 30, 1993. On March 19, 1991, Council approved
the fi rst amendment to the agreement whi ch extended servi ce between July 1,
1991 and June 30, 1992. This second amendment would extend service for
HandYtrans operation for one additional year, between July 1, 1992, and June
30, 1993. This second amendment would provide the same hours of service next
fiscal year (8,816 total hours) at a total cost not to exceed $282,560.56, an
increase of less than 1% over the current fiscal year cost of $279,908.
However, weekday operating hours will be expanded on October 1, 1992 from the
current 8:00 a.m. to 4:30 p.m., to 7:00 a.m. to 6:00 p.m., to implement the
first phase of the MTDB Americans with Disabilities Act Complementary
Paratransit Plan.
RECOMMENDATION: That Council approve second amendment to agreement between
the City of Chula Vista and Dave Transportation Services, Inc. for HandYtrans
operations.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The second amendment contains 8,816 total operating
fiscal year, which is the same as this fiscal year.
second amendment compared with this year are:
hours for HandY trans next
Two major changes in the
The method of payi ng for servi ce provi ded by the contractor is
changed to include two components: a fixed monthly rate of
$10,616.58 payable monthly in advance; and a lower rate per hour of
$17.60 compared with $31.75 this fiscal year. This changed method
of payment has advantages both for the City and the contractor.
Si nce fi xed operat i ng costs are covered in the monthly rate, staff
was abl e to negot i ate a total cost for next fi sca 1 year wh i ch is
less than a 1% increase over the current contract. Secondly, this
method of payment allows greater flexibility in providing service to
meet peak demand throughout the day. The Fi nance Di rector concurs
with this changed payment procedure.
21-e,-1
Page 2 Item
Meeting Date 4-21-92
In order to comply with the MTDB Complementary Paratransit Plan
required under the Americans with Disabilities Act, operating hours
Monday through Friday will be extended from 7:00 a.m. to 6:00 p.m.
beginning October 1, 1992. (Currently the weekday operating hours
are 8:00 a.m. to 4:30 p.m.) The ADA requires that complementary
paratransit service for fixed route operations like CVT be available
during the operating hours of the fixed route system by 1996. This
expans i on of ope rat i n9 hours next fi sca 1 year is the fi rst step
toward meeting the ADA requirement.
Since this agreement will not be subject to any further extension options
beyond next fi sca 1 year, staff wi 11 issue a Request for Proposal (RFP) for
HandY trans operation next fiscal year for service to begin July I, 1993.
FISCAL IMPACT: HandY trans operation is funded with City of Chula Vista
Transportation Development Act (TDA) Article 4.5 funds, Proposition A funds,
and fare revenue.
WMG:fp/DT-007
WPC 1548T
J7B--2..
RESOLUTION NO. 'b'5~n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
DAVE TRANSPORTATION SERVICE, INC. FOR
HANDYTRANS OPERATION, AND AUTHORIZING MAYOR TO
EXECUTE SAME
WHEREAS, on May 17, 1988, the City and Dave
Transportation Services entered into an agreement for HandY trans
operation for a 3-year term which expired on June 30, 1991; and
WHEREAS, the agreement contained an option to extend the
service for two additional years, through June 30, 1993; and
WHEREAS, on March 19, 1991, Council approved the First
Amendment to the Agreement which extended service between July 1,
1991 and July 30, 1992; and
WHEREAS, the Second Amendment would extend service for
HandY trans operation for one additional year, between July 1, 1992
and June 30, 1993 and would provide the same hours of service at a
total cost not to exceed $282,560.56, an increase of less than 1%
over the current fiscal year cost.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Second Amendment to
Agreement between the City of Chula vista and Dave Transportation
Service, Inc. for HandY trans Operation, a copy of which is on file
in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Second Amendment for and on behalf of the City of Chula vista.
1'"
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\Second Amend Dave
21g..3 / 7.18-Jf
SECOND AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND
DAVE TRANSPORTATION SERVICES, INC.
FOR HANDYTRANS OPERATION
This Second Amendment to Agreement is made this _ day
of , 1992, by and between the City of Chula Vista, hereinafter
called "City", and DAVE Transportation Services, Inc. (formerly Community
Transit Services, Inc.), hereinafter called "Contractor".
HI ItH.s..s.fI!:!
WHEREAS, City and Contractor previously entered into an agreement
for HandYtrans operation on May 17, 1988; and
WHEREAS, that agreement conta i ns an option to extend agreement for
two additional years, from July I, 1991 through June 30, 1992, and from July
1, 1992 through June 30, 1993; and
WHEREAS, on March 19, 1991, City approved First Amendment to
Agreement which extended for FY 1991-92 the term of said agreement; and
WHEREAS, both City and Contractor wish to extend for FY 1992-93 the
term of sai d agreement and increase the cons iderat i on for servi ces embodi ed
therein.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Change Sect i on 5 (c) to read: "Maximum cost not to exceed
$282,560.56 for the period July 1, 1992 through June 30, 1993 computed as
follows:
Rate per service hour = $17.60 per hour x 8,816 maximum hours = $155,161.60
Fixed monthly rate = S10,616.58 x 12 = S127,398.96
The fixed monthly rate of $10,616.58 shall be payable' in advance at the
beginning of each month upon receipt of invoice. The service hour cost shall
be paid at the end of each month upon receipt of invoice.
2. Change Section 35(a) to read: "The term of this agreement
shall be from July 1, 1992 through June 30, 1993, and shall not be subject to
any further extension options."
'2.1 S ..5
3. Amend Exhibit A, Statement of Work, Section 2.A., Service
Allocation, items 2 and 4 to read:
2. Hours of Service: Between July 1, 1992 and September
30, 1992, ope rat i ng hours Monday through Fri day wi 11
be from 8:00 a.m. to 4:30 p.m., and on Sunday from
8:00 a.m. to 2:00 p.m. Between October 1, 1992 and
June 30, 1993, operat i ng hours Monday through Friday
will be from 7:00 a.m. to 6:00 p.m. This service
hour expansion will comply with the Metropolitan
Transit Development Board's Americans with
Disabilities Act Complimentary Paratransit Plan.
4. Number of service days in FY 1992-93:
Weekdays: 256
Sundays: 52
Total: 308
4. Amend Exhibit A, Statement of Work, Section 2.B, Vehicle
Utilization, item 4 to read:
4. Annual hours
a. Weekday: 256 days x 32 daily hours = 8,192 hrs.
b. Sunday: 52 days x 12 daily hours = ~
c. Total Hours: 8,816
Contractor may, based on passenger demand, operate more hours
or fewer hours on a da ily bas is than what is specifi ed in thi s Sect i on (32
hours on weekdays and 12 hours on Sundays); however, contractor operation
shall not exceed the maximum number of hours of 8,816 for FY 1992-93.
5. All other terms and conditions shall remain in effect as they
are described in the agreement of May 17, 1988, as previously amended.
[Next page is signature page]
:1..78"'(.,
SIGNATURE PAGE TO SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND
DAVE TRANSPORTATION SERVCIES, INC.
FOR HANDYTRANS OPERATION
IN WITNESS WHEREOF, the parties hereto have caused this amendment to
be executed on the day and year first written.
CITY OF CHULA VISTA
By:
DAVE TRANSPORTAT N SER~~C~!)1lC.
/??g~
By:
Date:
Date:
''UvLS-. ~L~
Assistant City Attorney ,
Date: --.2I,'hv
,
By:
3/nlh
I I
APPROVED AS TO FORM AND LEGALITY BY:
Date:
WPC 1517T
~1';"1
THE CI1Y 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 information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
DAVE Tr::lnc;port::lt i on Sprvi rpc;, Tnr
DAVE Mana\!ernent. Inc.
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.
.Tames L. Pierson, PresiClpnt r: M::IrTY 'Rnmpl1 Vir"", Prpc;::i,.1pnt'
Walter R. L. Dian\!son. Vice President Robert~ilso~. V~~5ident
Roy E. G1authier, Vice President
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.
NA
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 --L. 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.
Rob Moran. Proiect Manaver .James L. Pierson, President
Ken Gordon, District Manager Roy E. G1authier. Vice President
Wayne Frltz, Regional Manager
6. Have you and/or your officers or agents, in the aggregate, contributed more than $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 indh'idual, firm, co.partnership, joint venture, association, social club, fraternal organization, corporation,
estnle, oust, reeeil'er, syndicate, this and any other county. city and country, city, municipality, distn"ct or other political subdivision,
or flllY other group or combination acting as (l unit."
Date:
1-B .q2
contractor/applicant
ier
President
(NOTE: Attach additional pages as necessaty)
(.\-J J:1.\,DISCLOSETXll
DAVE Transportation Services, Inc.
Print or type name of contractor/applicant
{Revised: 11130/90]
21a.. 8'
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 4/21/92
REVIEWED BY:
PCM-92-14: Alcohol Sales Facilities
Director of Pl.an~~g;fJt
Chief of Pol ice VI./(..--'
City Manag~
in CoN Zones
ITEM TITLE:
SUBMITTED BY:
(4/5ths Vote: Yes___No-X-)
Council Referral No. 2543
On February 11,1992, Council directed the Planning Department, with
ass i stance from the Pol ice Department and input from the State Department of
Alcohol ic Beverage Control (ABC), to prepare a report and recommendation on
the number of alcohol sales facilities that should be allowed within C-N
(Nei ghborhood Commerc i a 1) zones. Some concern has also been expressed wi th
concurrent sales of gasol ine and alcohol, particularly within the CoN zone.
This report addresses both issues.
RECOMMENDATION: That Council not adopt any local standards with respect to
the concentration or concurrent sales of alcohol, but rather continue to rely
on the State Department of Alcohol ic Beverage Control process and procedures
to regulate the establishment of alcohol sales facilities in the CoN zone.
BOARDS/COMMISSIONS RECOMMENDATION:
returned for its consideration
Commission.
The Council directed that the report be
prior to consideration by the Planning
DISCUSSION:
These issues came to the Council's attention because of neighbornood
opposition to a pending conditional use permit application by Texaco to
redevelop an existing service station by adding a car wash and mini-market
(with a 1 coho 1 sales) at the northwest corner of Orange and Melrose Avenue.
The opposition centers around traffic issues and concern with a perceived
over-concentration of alcohol sales facilities in what is thought to be a high
crime area. Council has called the Texaco appl ication forward on appeal and
will hear the matter following resolution of the issues discussed in this
report.
The CoN zone presently permits liquor stores (off-sale) as a matter of right,
but prohibits on-sale facilities such as bars and cocktail lounges. A
restaurant with on-sale liquor requires a conditional use permit. The sale of
gasol ine is not permitted as a matter of right in any zone, but requires a
conditional use permit in all commercial or industrial zones, including the
C-N zone. A car wash is allowed by conditional use permit in the C-N zone as
a result of a recently approved ordinance.
Texaco was required to file for a conditional use permit because of its
proposal to redevelop the property (modification of an existing conditional
use), and add a car wash. As noted above, a mini -market with or without
1 i quor sales is presently permitted as a matter of ri ght and woul d not have
independently required a CUP.
~%-I
Page 2, Item
Meeting Date 4/21/92
Over-concentration of liquor facilities in the C-N zone
State law makes the issuance of a license for premises to engage in the sale
of alcoholic beverages the function of ABC, not cities. The State's control
of the field, however, is not exclusive of all City interests. A City may
prohibit alcohol sales in a particular zone, or may require a conditional use
permit, and the ABC is obligated to honor these local zoning provisions. In
addition to a complete ban within a zone, a valid zoning ordinance could allow
off-sale facilities subject to legitimate "police power" requirements, such as
reasonable anti-concentration provisions similar to those applicable to "adult
uses" (di stance requi rements from resident i a 1, school, park, church,
playground, or other such uses).
A representative of ABC met with staff to describe its licensing process. The
ABC evaluates a 1 i cense appl i cat i on based upon the moral character of the
applicant, general locational factors such as zoning, and Rule 61.3 which
involves the issue of "over-concentration" in "high crime areas." The
applicant may not be a felon or a habitual drunk. Police officers and liquor
wholesalers are also prohibited from holding a license. Additionally, the
source of funds for the proposed facility is investigated to ensure that the
actual owner is not one of the above.
The appl icant is instructed to contact the City Planning Department, obtain
information as to the specific zoning at the premises, as well as City
requi rements for alcohol sales in that zone, and report the i nformat i on back
to the A8C. I f the City requi res a condit i ona 1 use permi t for the sale of
alcoholic beverages, the ABC immediately suspends investigation of the license
appl ication until provided proof that the CUP has been granted. If the City
does not permit alcohol sales in that zone, ABC would strictly adhere to the
City's requirements and deny the application.
ABC also has its own locational criteria. These provide that off-sale
premises shall not be located closer than 200 ft. to a residence, church,
school or playground. If the applicant can cite reasons of public convenience
and necessity and no adverse impact on the neighborhood, the requirement may
be mod i fi ed. ABC exerci ses its di scret i on so that a 1 i cense to sell alcohol
will not be granted within 100 ft. of a sensitive land use if a
res ident/property owner objects. Note: notices of the 1 i cense appl i cat i on
are mailed by the applicant (and confirmed by affidavit to ABC) to all
properties within 500 ft. of the site, and these property owners are given 30
days within which to protest the issuance of the license.
A special circumstance exists when an application falls within a "Rule 61.3"
area. These areas exhibit what ABC defines as an over-concentration of
alcohol sales facilities combined with a high crime rate. The area of
measurement is the census tract. An over-concentration of licenses (this is
figured separately for on-sale and off-sale facilities) occurs when the ratio
of 1 i censes to popul at i on for the census tract exceeds the rat i 0 for the
County as a whole. A high crime rate census tract is one which exhibits a
crime rate 20% or greater than the average crime rate for the City as a whole.
;L 8' ' :L.
Page 3, Item
Meeting Date 4/21/92
A copy of all appl ications is forwarded to the Pol ice Department and City
Council (via the City Clerk) for review and comment. If a license application
is within a Rule 61.3 area (the over-concentration and high crime rate
statistics are predetermined and on file at ABC for use in screening
appl ications), the ABC will alert local authorities. This is done by notation
on the application, as well as by a follow-up telephone call to the Police
Department to ensure that these particular applications are not overlooked and
thus receive the appropriate scrutiny.
A protest by local authorities will result in an investigation by ABC. This
includes a meeting with the Police Department to determine if the issue(s) can
be resolved by way of ABC-imposed conditions on the license. Examples of such
conditions could be a limitation on hours or a restriction on the size of
a 1 coho 1 containers (see attached memo and exampl e protest 1 etter from the
Police Department).
If the issue(s) cannot be resolved to the satisfaction of local authorities,
ABC will deny the appl ication for the 1 icense, and the appl icant is entitled
to an administrative hearing. Based on the evidence, the hearing officer
could recommend that ABC either issue or deny the permit. According to the
Pol ice Department, however, a 1 i cense woul d 1 i kely not be issued over its
protest.
The site at Orange and Melrose Avenues is within a census tract where the
optimum number of licenses is eight and the number of licenses already issued
is eight. Therefore, the issuance of a 1 icense to Texaco would exceed the
optimum number and result in an "over-concentrated" condition. However, the
area is not a high crime area, and consequently does not fall under Rule 61.3
(which involves over-concentration and a high crime rate). Although the City
could still object and force a hearing as noted earlier, the Police Department
reports that it does not foresee a problem with the issuancp of a 1 icpnse t.o
the Texaco mini-market.
In conclusion, the City would appear to have three options with respect to
alcohol sales in the CoN zone: (1) totally prohibit alcohol sales in the
zone, which would raise the issue of creating a significant number of
nonconforming alcohol sales facilities which presently exist in CoN zones; (2)
require a conditional use permit and analyze each application on a
case-by-case basis, or (3) continue to rely on the existing ABC process and
procedures.
The staff recommendation is to continue to rely on the ABC process. There
does not appear to be a problem with alcohol sales in the CoN zone. Alcohol
is a convenience item which is normally available in all convenience markets,
and convenience markets are the mainstay of the CoN zone. Also, the ABC
process involves notice and opportunity for input/objection from the
surrounding neighbors as well as from the City Council and Police Department.
An analysis of concentration of facilities and crime rate is also part of the
ABC process to assist the Pol ice Department in identifying potential problem
locations.
~"3
Page 4, Item
Meeting Date 4/21/92
Concurrent sales of alcohol and Qasoline
The issue of concurrent sales of alcohol and gasoline has been raised by many
localities since the advent of the mini-market in the mid 1970's. Although it
is probably fair to say that the vast majority of alcohol purchases are made
in conjunction wi th an automobil e tri p -- whether that be to the grocery
store, 1 iquor store, or mini -market -- to some observers there appears to be
something inherently unsettl ing about purchasing 1 iquor and gas at the same
time.
The City Attorney reports that attempts by municipalities to control or
prohi bit the concurrent sale of 1 i quor and gaso 1 i ne resulted, in 1987, in a
new State law (Business and Professions Code Section 23790.5) which makes it
clear that a local ordinance totally prohibiting the concurrent sale of beer
and wine for off-premise consumption and motor vehicle fuel, where those uses
are otherwise lawful in the same zone, is prohibited by State law.
The City Attorney further reports that the law would not prohibit a city from
requi ri ng a condit i ona 1 use permit for concurrent sales if the standard by
which the conditional use permit is granted, denied or conditioned constitutes
an appropriate health, safety, or general welfare standard, and the ordinance
contains specified due process provisions. Thus, if the denial or conditional
approval of a conditional use permit is based on some articulated health,
safety or general we Hare standard other than a bl anket prohi bit i on against
concurrent sale, the ordinance could survive legal challenge.
Although the City coul d therefore adopt a condit i ona 1 use permit process to
address the issue of concurrent sales on a case-by-case bas is, accordi ng to
both the Police Department and ABC, there is no discernable connection between
the concurrent sale of alcohol and gasoline and the incidence of driving under
the influence, traffic accidents, or any other health or safety issue. As
noted above, the purchase of alcohol is generally associated with an
automobile trip, and the purchase of gasoline is only incidental to the
process.
In conclusion, the staff recommendation is not to pursue a conditional use
permi t process for concurrent sales. Any potent i a 1 probl em with respect to
alcohol sales, whether it be in an independent or concurrent sales context,
appears to be adequately addressed through the existing ABC process.
FISCAL IMPACT: None.
WPC 0231p
Ji''''I
DEPARTMENTAL CORRESPONDENCE
FROM:
Lieutenant Wilson
Police Department
lTece/veo
MA.R 12 1'-1
... ,~(~
Pi..ANN'NG
DATE:
March 11, 1992
TO:
Planning Department
ATTN: Ann pedder and Steve Griffin
SUBJ:
Alcohol Beverage Control
I am currently the liaison officer between ABC and the
Police Department. The following is our current practice
as it relates to Alcohol Beverage Licenses.
When ABC receives an application for a license in the city
they automatically mail me a copy. A second copy is mailed
to City Administration. I file our copy with no further
action.
If the area in which the applicant wants to do business is
over concentrated with licenses and a high crime area ABC
will notify me. ABC uses our crime stats. I will then
write a letter of protest against the issuance of the
license. Refer to attached example of a protest letter.
What normally occurs now is that ABC will offer to the
applicant a conditional license. This could range from not
selling alcohol during certain hours, restrict the size of
alcohol containers or in some cases no video games allowed
in the business. This by all means is not a complete list
of conditions, but gives you some idea of what they might
be.
If all parties agree to the conditions I will withdraw my
letter of protest. If no agreement is reached the
applicant is entitled to a hearing. I would then be
required to present evidence that the issuance of this
license would aggravate an existing pOlice problem.
Based upon the evidence presented at the hearing a
decision would be made to deny or issue the license.
I hope this helps to clarify a somewhat complex process.
City of Chula Vista, California
A 111
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CI1Y OF
CHUlA VISTA
POLICE DEPARTMENT
January 29, 1991
Alcoholic Beverage Control
1350 Front Street
San Diego, CA 92101
Attn: Pete Case
District Administrator
Dear Mr. Case:
The Chula Vista Police Department wishes to protest the issuance of
an off-sale beer and wine license for Rommel S. Jabro, at 2638-C Main
Street, Chula Vista, California, 91910, on the grounds that it will
aggravate an existing police problem.
Your cooperation in the above matter will be greatly appreciated.
Yours truly,
Merlin L. Wilson, Lieutenant
Investigative Division
Chula Vista.Police Department
MLW/mh
2.f.. '-
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b. Recommended number of alcohol outlets allowed within particular radius in CoN zones.
Mayor Nader stated this had arisen in the context of an amendment to the General Plan which would allow
carwashes in a C.N zone. Concern arose regarding the Texaco proposal because there were currently three
alcohol outlets in the area.
MS (Nader/MoOre) mer to staff to come back to Planning c--iB\oD md Counc:il the rec-nmmended '.
DUJI1ber of alcohol oudets allowed wil:hin a certain radius in a c.N zone. ,
Councilman Malcolm stated he would like to see a copy of the draft report before it was submitted to the
Planning Commission. He hoped staff would contact the ABC regarding currently established regulations.
Mayor Nader requested that staff also obtain the input from the Police Oeparonent regarding the
recommendations.
VOTE ON MOTION: appruved .m....irnously.
~~..7
COUNCIL AGENDA STATEMENT
Item...2.1
SUBMITTED BY:
Meeting Date 4/21/92
Resolution II."S q r amending the Council Policy on sewer service to
property not within the City ~~und/.
Director of Public worv (jV'/
City Manager! ' (4/5 Vote: Yes_No....xJ
ITEM TITLE:
REVIEWED BY:
Council Policy 570-02 was created to allow County residents near existing City sewers who were
not contiguous to the City boundary and, thus not able to annex, to connect to City sewers. The
policy states that any County resident wishing sewer service from a City sewer main must enter
into an agreement with the City to not sign a written protest petition, or otherwise file a formal
written or oral protest of annexation at the Conducting Authority level of annexation
proceedings. In a previous action, a resident of El Rancho Vista that had requested annexation
and sewer service was denied that service because the area opposed annexation. Staff has
received several requests for sewer service from county residents and, in light of the policy and
past actions, believe that the policy needs to be reviewed.
RECOMMENDATION: Adopt the resolution amending the Council Policy on Sewer Service
to property not within the City boundary.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Council Policy 570-02 concerning sewer service to property not within the City boundary states
that:
"Any property for which connection to the Chula Vista sanitary sewer has been requested
must constitute or be part of an area which could logically annex to the City or for which
a formal petition for annexation has been filed with the City."
The City has a few sanitary sewer lines running through unincorporated areas where residents
have requested sewer service. In one case the resident lives immediately adjacent to the City
and could be required to annex. In another case the resident is separated from the City by a few
other developed properties, but is close enough to be annexed if these few properties were also
included. In still another case a request has been received for sewer service from a resident of
the County that is so far removed from the City boundary that annexation is not logical. The
last case consists of several properties that have previously signed the required agreement and
received sewer service, but have not actually been annexed to the City.
2Cf-(
Page 2, Item
Meeting Date 4/21/92
ACACIA AVENUE SEWER
In order to provide sewer service for Bonita Long Canyon, the developer extended the sewer
along Acacia A venue to join an existing Spring Valley sewer line in Acacia south of Fallbrook
Court as shown on Exhibit A. The City maintains this sewer as a City sewer even though it
runs through unincorporated area. Residents at both 4308 and 4345 Acacia have requested
sewer service from the City.
As shown on Exhibit A, the owner of the property at 4308 Acacia, Mr. Meliton Rodriguez, was
advised that since he was contiguous to the City, he would have to annex before receiving sewer
service. Since LAFCO's fees for annexation are $2,000, we suggested that he contact his
neighbors who could join the annexation, thereby lowering the costs associated with the
annexation by spreading them over more properties. These other owners would then also be
eligible for City sewer service. We have had no response from Mr. Rodriguez.
The owner of the property at 4345 Acacia Avenue, Mr. Saxon Wraith, also wishes to connect
to the City sewer, but he is not able to be annexed to the City without other property owners
also annexing because he is not immediately adjacent to the City boundary. In the past this was
interpreted to mean that the property owner could sign an agreement to not sign a written protest
petition against annexation, or otherwise file formal written or oral protest of annexation at the
Conducting Authority level of annexation proceedings. This agreement, in accordance with the
changes made in the policy as a result of the El Rancho Vista proposed annexation, does not
affect the right of said property owner to vote against annexation in any annexation election that
may be called. Mr. Wraith has indicated that he desires to hookup now, but that his septic
system has not failed.
PROCTOR V ALLEY SEWER
In order to provide sewer service for the Salt Creek I development, the developer constructed
a sewer trunk from the subdivision down Proctor Valley Road to the Frisbee Trunk Sewer
owned by the Spring Valley Sanitation District in the vicinity of Bonita Meadows Lane as shown
on Exhibit B. The City will own and maintain this line as a City sewer. Two property owners
have requested sewer connections to the Proctor Valley Trunk.
The first is Mr. Michael Roark. Mr. Roark's property is located at the northern end of the line
as shown on Exhibit B near where the sewer trunk joins the Frisbee line. This individual has
requested two connections; one for his existing residence and one, apparently, for a future lot
split. Because of the location and distance from the City boundary, his property does not
constitute an area which could logically annex to the City. We have informed Mr. Roark that,
at this time, we could not approve the proposed connections because of the City policy and
because the proposed 8" lateral appears to be designed to allow further subdivision of his
property and that we could not go along with it until his proposed development has been
reviewed by the City and County Planning Departments.
Related to this, however, the County Water Authority is also negotiating with Mr. Roark
2Q.. 2.
Page 3, Item
Meeting Date 4/21/92
because their proposed water line will sever his leach field and the proposed lateral would
remedy the severance damage for the Authority. The County Water Authority requested they
be allowed to connect both Mr. Roark's property and one other property to reduce their
severance damages. On April 7, 1992, the Council reviewed the Authority's request and
approved Resolution 16564 which approved "Special Sewer Connections For The San Diego
County Water Authority For Properties Located In Proctor Valley". These special sewer
connections were very clearly not precedent setting and could not be used by other property
owners in the area to justify future connections which do not meet our policy. Attached is a
copy of Resolution 16564.
The second requested connection is by Mr. Raul Flores and was proposed for near the upstream
end of the trunk as shown Exhibit B. Mr. Flores requested a connection for an 8" lateral which
would serve a 25 unit subdivision. There is nothing on Mr. Flores' property now and the
County Planning Department advises us that Mr. Flores has not filed for a tentative map. We
advised Mr. Flores that we could not approve a connection at this time, but would be willing
to consider doing so as part of a development proposal. Mr. Flores' property is closer to the
City boundary and, by including some adjacent vacant parcels, could feasibly annex to the City.
L YNWOOD HILLS SEWER
As shown on Exhibit C, the City sewer has been extended into the Lynwood Hills area of the
County to serve 2 residences currently, plus one additional residence that has requested
connection, but, apparently, has never made the actual hookup. All four property owners have
signed the annexation agreement.
EL RANCHO VISTA PROPOSED SEWER
In early 1990 a resident of the unincorporated area on El Rancho Vista Drive east of Hilltop
Drive requested a sewer connection from the City. In order to provide the service the residents
would have had to assess themselves for installation of a sewer line in El Rancho Vista Drive
and to annex to the City so that we could form the assessment district. The other residents in
the area strongly objected to the annexation and, as a result, both the annexation and sewer
extension were dropped from further consideration.
Also, as result of the questions brought up during the annexation hearings, the City's policy on
"Sewer service to property not within the city boundary" (Policy Number 570-02) was amended.
The previous policy required that "the owner of property seeking connection shall agree in .
writing not to oppose any then current or future procedures to annex his or adjacent properties
to Chula Vista." The amended policy clarified that the owner shall agree not to sign a written
or formal protest of annexation, but that their rights to vote in any annexation election are not
affected. The resident could still vote against annexation in any election which might be called
on the subject.
In order to determine what policies other cities follow regarding sewer connections to non-city
residents, staff did a survey of other cities in the County. The details of that survey are shown
~ct--~
Page 4, Item
Meeting Date 4/21/92
in Exhibit D. In summary, of the cities that have responsibility for the sanitary sewer system,
most require annexation to the City, not just an agreement to annex, before allowing the
connection. In nearly all of those cases, however, the City makes provisions for connecting to
the sewer when a health and safety hazard exists due to a failed septic tank system. Even in that
situation the cities require an agreement to annex when annexation becomes feasible.
AMENDMENT TO SEWER POUCY
Based on previous Council actions and staff s survey of other cities policies, staff is
recommending an amendment to Council Policy Number 570-02, "Sewer Service to Property
Not within the City Boundary." The proposed changes are as follows:
1. The policy requires annexation to the City before a sewer connection may be allowed
unless certain exceptions are present. Annexation is defined as filing of a formal petition
with LAFCO, and not actual completion of annexation which would delay the actual
connection.
2. Due to the costs involved in hooking up to the sewer and paying annexation fees, the
proposed policy provides that the City may advance the annexation fees from the sewer
fund provided that the owner enter into an agreement to repay those fees over a period
not to exceed two years.
3. For properties that are in close proximity to the City, but are not contiguous to the
boundary, the City may permit connection to the sanitary sewer system for residential
property where there is a failed septic system, subject to some conditions. These
conditions are: The County Health Department certifies a failed septic system and the
health hazard; the property owner makes an attempt to put together a viable annexation
by contacting the adjacent property owners; if annexation is not feasible the property
owner shall enter into an annexation agreement; and no new construction and/or
development shall be permitted to connect without annexation.
4. If the property is at a longer distance from the City boundary and is adjacent to a City
sewer which utilizes the facilities of another sanitation district, the City shall permit
connection to the City facilities subject to an annexation agreement. Any sewer mains
installed to service the property which connect to the City sewer shall be dedicated to the
City for control of future hookups.
5. The sewer policy specifies that the agreement to annex shall include an agreement to
annex when the City determines it is appropriate that is a covenant running with the land,
shall apply to all successors in interest, and shall be specifically enforceable. It also
provides that any costs to enforce the agreement shall be a lien on the land. The policy
further provides that the property owner shall deposit the amount of all applicable
annexation fees with the City to be used to pay the costs of annexation when annexation
becomes feasible. Last, the policy provides that, if an annexation effort fails, at any time
thereafter, the City has the option, with six months notice, to terminate sewer service.
Under terms of the proposed sewer policy, Mr. and Mrs. Wraith, at 4345 Acacia A venue, would
be advised that they could not connect to the City sewer unless they annexed, or unless their
2't.~
Page 5, Item
Meeting Date 4/21/92
septic tank had failed and they had a letter from the County Health Department attesting to the
health hazard. The City would not allow Mr. Rodriguez, 4308 Acacia Avenue, to connect
without annexation, even with a failed septic system, since he is contiguous to the City
boundary .
Since the Roark parcel in Proctor Valley is at a distance from the City boundary and could not
logically annex to the City they would be allowed to connect to the City sewer provided they
signed the agreement to annex, paid the necessary fees and deposits, and met all other conditions
of this policy. Property owners in lower Proctor Valley would be permitted to connect any new
development as well as existing development, provided all our conditions are met.
Mr. Flores would be advised that they could not connect to the sewer trunk for new development
unless they annexed to the City since, in this case, it is feasible to annex.
The sewer policy does not indicate whether we should annex the Lynwood Hills sewer users.
From the point of providing other City services such as police and fire, it does not necessarily
appear logical to annex those parcels now. Unless instructed otherwise, we will not initiate
annexation proceedings.
FISCAL IMPACT: The annexation of properties into the City will have an incalculable fiscal
impact on general fund revenues and subventions, although generally the City receives about $60
per capita per year for each new resident from State subventions. The connection of properties
to the sewer system will also increase sewer revenues and costs for treatment. There is also the
potential for loans from the sewer fund for annexation fees.
CLS(A2:\SEWER.113)
LY-086-7
KY -054
2'1-5
RESOLUTION NO. ,C:. 541
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COUNCIL POLICY ON
SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY
BOUNDARY
The city Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Council Policy 570-02 was created to allow
County residents near existing City sewers who were not contiguous
to the City boundary and, thus not able to annex, to connect to
City sewers; and
WHEREAS, Council Policy 570-02 states that any County
resident wishing sewer service from a City sewer main must enter
into an agreement with the city to not sign a written protest
petition, or otherwise file a written or oral protest of annexation
at the Conducting Authority level of annexation proceedings; and
WHEREAS, in a previous action, a resident of El Rancho
vista has requested annexation and sewer service was denied because
the area opposed annexation; and
WHEREAS, staff has received several requests for sewer
service from county residents and, in lighb of the policy and past
action, believes that the policy needs to be revised.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula vista does amen Council Policy 570-02 on sewer
service to property not within the City boundary as set forth in
Exhibit "A", attached hereto and incorporated herein by reference
as if set forth. in full.
John P. Lippitt, Director of
Public Works
by
Presented by
C:\RS\Wraith Sewer
j/i- to/ ~tt"'lh
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 1 OF 4
NO. DATED: 4-21-92
BACKGROUND
The ci ty has from time to time recei ved requests to permi t
connection to the Chu1a vista sanitary sewer system by properties
not within the City boundary. Each request has been handled on an
individual basis as to how to respond to these infrequent
applications. A policy statement is needed to guide staff in
providing legal and efficient service to the public.
PURPOSE
To establish a policy regarding connection to the Chula vista
sanitary sewer system by property not within the incorporated
limits of the city.
POLICY
The city Council hereby establishes the following policy and
procedures relative to connection to Chula vista sanitary sewers by
properties not within the incorporated limits of the City:
1. Except as provided below, any property for which sanitary
sewer service has been requested must first annex to the City.
Under terms of this section filing of a formal petition for
annexation with the city, and filing of an annexation
application with LAFCO, by the City, shall be considered as
meeting this condition.
a. Property for which sewer connection is sought must either
front upon a sanitary sewer in the city system, or front
upon the logical extension of such a sewer.
b. None of the cost of any sewer main extension required to
serve property beyond the City boundary shall be borne by
the city. Such sewer extensions shall be constructed ~n
conformity with City standards and shall be dedicated to
the City for public sewer purposes in a manner approved
by the city Engineer. When appropriate, such sewer
extensions may be subject to reimbursement agreements.
c. The owner of property seeking connection shall pay all
applicable non-capacity charges related to connecting to
the sewer as levied by the City. In addition, they shall
pay to the city of Chula vista a sewer capacity charge
which is equal to the higher of the capacity charge
imposed by either the City or the sanitation district
which would logically provide service to the site sought
to be connected.
2'1-1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 2 OF 4
NO. DATED: 4-21-92
d. The owner of property seeking connection shall pay any
costs, fees or charges by any governmental agency other
than Chula vista which are relative to and/or
necessitated by the construction of sewer facilities to
serve the property seeking connection.
e. The City may, upon request of the property owner, advance
the cost of annexation fees from the sewer fund to help
defray immediate expenses. The property owner shall
enter into an agreement with the City to repay those fees
over a period of time not to exceed two years. The
repayment shall be added to the property owners sewer
billing and non-payment shall be cause for disconnection
from the sewer system.
2. If the property for which connection is sought is in close
proximity to the City, but not contiguous to the City
boundary, the city Engineer may permit sanitary sewer service
to serve residential property which has inadequate subsurface
sewage disposal (septic tank) facilities. Such extension of
sanitary sewer service shall be made only upon submittal of a
letter from the County of San Diego Health Department citing
a failed septic system and that said inadequate subsurface
sewage disposal facility constitutes a potential health hazard
to the health and safety of the residents residing in the
area. The owner shall agree to conditions for connection as
provided below.
a. The property for which connection is sought must
constitute or be a part of an area that could logically
annex to the City, but, because it is not contiguous to
the City boundary, cannot be annexed without the
cooperation of other property owners. In such cases the
City may require that the property owner seeking
connection first attempts to put together a viable
annexation through the cooperation of adjacent
properties. The city may require evidence that such an
annexation is not feasible because of refusal of other
properties to consent to annex.
b. The owner agrees that no new construction and/or
development shall be permitted to connect to sanitary
sewer without annexation to the city of Chula vista.
c. The owner enters into an annexation agreement as provided
in section 4.
~~ . >>'
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 3 OF 4
NO. DATED: 4-21-92
d. The owner shall comply with all other conditions of
section 1.
3. If the property for which connection is sought is distally
located from the City boundary and is not part of an area
which could logically annex, but which abuts a city sewer that
utilizes the facilities of another sanitation district, the
City shall permit connection to the City facilities subject to
the provisions of section 4 concerning an agreement to annex.
Any sewer mains installed to service the property which
connect to the city sewer shall be dedicated to the City for
control of future hookups. The property owner shall comply
with all other conditions of section 1.
4. In situations where the property may not be immediately
annexed, ei ther due to lack of proximi ty, or where the
property is in close proximity, but not contiguous to, the
city boundary and other owners will not consent to annex so as
to make annexation impossible, the following conditions shall
be included in an agreement to annex.
a. The owner of property seeking connection shall agree in
writing to annex when the City determines annexation is
logical. Said agreement shall be a covenant running with
the land, shall apply to all successors in interest and
shall be specifically enforceable. The agreement shall
specify that, in connection with any enforcement action
taken by the city, attorney's fees and court costs shall
be a lien on the land. The agreement shall also provide
that the property owner shall sign an undated annexation
petition and grant irrevocable power of attorney to the
city to date the petition and prosecute the annexation
petition.
b. The property owner shall pay to the City the amount of
all applicable annexation fees, including city and other
agencies, which is then in effect. The city shall hold
these fees in trust to be used to offset the fees
required to be paid at the time of the future annexation.
The City will enter into a reimbursement agreement to
repay a portion of the fees deposited based on other
contributors when the property is annexed.
c. If an annexation effort first fails, at any time
thereafter, city will have the option, without liability,
and on 6 months notice, to terminate sewer service. The
2q-q
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 4 OF 4
NO. DATED: 4-21-92
property owner will be obligated, upon such termination,
to pay for any "not previously collected" charges for
sewer service, and such monetary obligation shall be a
lien against the property.
d. The agreement shall provide that the owner agrees not
oppose any then-current or future procedures to annex
their, or adj acent properties, to the City of Chula
vista. It shall also provide that the owner agrees not
to sign a written protest petition, or otherwise file a
formal written or formal oral protest of annexation at
the Conducting Authority level of annexation proceedings.
However, nothing herein shall affect the right of the
property owner to vote in any annexation election that
may be called.
5. No sewer service shall be provided to any property beyond the
city boundary unless and until written approval of that
specific service has been received by the city Engineer from
the City of San Diego pursuant to terms of the Sewage Disposal
Agreement of 1960.
6. Upon connection to the Chula vista sanitary sewer system the
property so served shall be subject to any appropriate ongoing
Chula vista sewer service and/or sewage pumping charge.
2Q-lo
.
COUNCIL POllCY
CITY OF CHlJlA VISTA
SUBJECI'
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNDARY
POUCY
EFFECTIVE
~.~
570-02
03-12-91
1 of 3
ADOP'IED BY: Resolution No. 16094
.DA1lD): 03-12/91
BACKGROUND
The City has from time to time in the past received requests to pennit
connection to the Chul a Vista sanitary sewer system by properties not
within the City boundary. Each request has been handled on an individual
basis with the resul t that some staff personnel are uncertain as to how
to respond to the infrequent applicants. A policy statement is needed to
guide staff in providing logical and efficient service to the public.
PURPOSE
To establish a policy regarding connection to the Chula Vista sanitary
sewer system by property not within the incorporated limits of the City.
POLICY
The City Council hereby establishes the following policy and procedures
relative to connection to Chula Vista sanitary sewers by properties not
within the incorporated limits of the City:
1. Any property for which connection to the Chula Vista sanitary sewer
has been requested must constitute or be part of an area which could
logically annex to the City or for which a formal petition for
annexation has been filed with the City.
2. Property for which sewer connection is sought must either front upon
a sanitary sewer in the City system, or front upon the logical
extension of such a sewer. Maximum length of sewer extension
permitted shall be 200 feet.
3. None of the cost of any sewer main extension required to serve
property beyond the City boundary shall be borne by the City. Such
sewer extensions shall be constructed in confonnity with City
standards and shall be dedicated to the City for public sewer
purposes ina llIanner approved by the City Engineer. When
appropriate, such sewer extensions may be llIIde subject to
reimbursement agreement.
4. The owner of property seeking connection shall pay all application
charges related to connecting to sewer as levied by Chu1a Vista. In
addition to all application Chula Vista charges the applicant shall
;2.'1 - /1
COUNCll. POllCY
CITY OF CHULA VISTA
SUBJECI'
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNDARY
POUCY EFFECI'IVE
NUMBER DATE PAGE
~70-02 03-12-91 of 3
ADOP1ED BY: Resol ution No. 16094
DA1ED:
03-12-91
pay a sewer capacity charge to the City which is equivalent to the
prevalent sewer capacity charge imposed by the sanitation district
(Spring Valley or Montgomery) which would logically provide service
to the site sought to be connected. Such additional charge shall in
no event be less than $1,000.
5. The owner of property seeking connection shall pay any costs, fees
or charges by any governmental agency other than Chula Vista which
are relative to and/or necessitated by the construction of sewer
facilities to serve the property seeking connection.
6. The owner of property seeking connection shall agree in writing not
to oppose any then-current or future procedures to annex his or
adjacent properties to Chula Vista. The owner of property shall
agree in writing not to Si9n a written protest petition, or
otherwise file a formal written or formal oral protest of annexation
at the Conducting Authority level of annexation proceedings.
However, nothing herein shall affect the right of the property owner
to vote in any annexation election that may be called. Such
document shall be presented to the City Engineer at time of payment
of charges as stipulated in Item 4 above.
A. Interpretation of Prior Language and Agreements.
1. The 1 anguage of Section 6 of Po1fc~ No. 570-02
heretofore effective which provided: The owner of
property seeking connection shall agree in writing not
to oppose any then-current or future procedures to annex
his or adjacent properties to Chul a Vista... and any
agreement entered into pursuant thereto, shall be
interpreted by the City to mean that said property owner
shall agree in writing not to sign a written protest
petition, or otherwise file a formal written or formal
oral protest of annexation at the Conducting Authority
level of annexation proceedings. and shall not be
construed to affect the right of said property owner to
vote in any annexation election that may be called.
2Q-/2.
.
'.
COUNCIL POUCY
CITY OF aruLA VISfA
SUBJECr
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNDARY
POUCY
EfFECI1VE
-.--
570-02
03-12-91
3 of 3
ADOPlED BY: Reso 1 ut i on No. 16094
DA'IED: 03-12-91
2. All persons who have executed agreements pursuant to the
City's previous Policy No. 570-02. Section 6. shall be
advised at the time of any annexation proceedings
affecting their property of the interpretation herein in
subsection 6(A)(1) contained.
7. No sewer service shall be provided to any property beyond the City
boundary unless and until written approval of that specific service
has been received by the City Engineer from the City of San Diego
pursuant to terms of the Sewage Disposal Agreement of 1960.
8. Upon connection to the Chula Vista sanitary sewer system the
property so served shall be subject to any appropriate ongoing Chula
Vista sewer service and/or sewage pumping charge.
ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 11308 APPROVED 07-05-83.
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........., PROPOSED SEWER MAIN
EXISTING SEWER MAIN
~ PARCELS SERVED
o HANHOLE
DRAWN BY: A.W.S.
PROJECT TITLE
DATE:
1/12/92
PROPOSED SEWER MAIN IN
L YNWOOD HILLS (TRUNK "B")
2 ~ -I/'
EXHIBIT D
SEWER CONNECTION POLICY SURVEY
The following is a summary of the information received from calls
to other cities in San Diego County. They were asked if they
allowed connections to their sewer system by residents outside
their city limits. If they require annexation, who pays? If the
customer pays for the annexation, is there any provision for paying
over time?
El Cajon
By ordinance the furnishing of sewage disposal service by the
city to areas outside the city limits is prohibited except in
certain cases. Basically, for non-governmental properties
outside the city, these conditions are:
1. The property is already developed and is shown to
have a condition which may cause a health hazard.
2. The property abuts an existing city sewer main and
the owner has paid or is prepared to pay for his or
her share of the capital cost.
3. The property owner is unable to annex to the city
due to circumstances beyond his or her control and
agrees to annex as soon as it becomes feasible, and
enters into an agreement with city to do so,
4. The city council finds that all of the above
conditions apply and grants a connection subject to
establishment of an appropriate sewer service
charge and an agreement that no further development
or expansion of existing development will take
place until the property is annexed.
Escondido
Escondido requires annexation except in the case of a failing
septic system where the city sewer line is near the customer.
The customer pays the annexation fee up front.
Encinitas
Encinitas requires the property owner to annex to the city and
then to the sewer district. In the case of an emergency
(septic tank failure), the city requires a connection
agreement that the property owner will annex and keep the
annexation process going. If the property owner doesn't
annex, by the agreement, the city can cut them off. The
property owner pays the annexation costs up front.
La Mesa
Except as provided by Council Resolution, sanitary sewer
service shall not be extended outside the corporate city
limits. Such service may be extended only when inadequate
subsurface sewage disposal facilities (septic tanks)
constitute a potential hazard to the health and safety of
2~ -/7
SEWER CONNECTION POLICY SURVEY
La Mesa (cont'd)
the residents in the area. Even then, only existing
facilities may be connected, no new construction and/or
development is allowed, and the property owner must agree not
to oppose annexation of the property at some future date.
National City
There is an informal policy of no sewer service without
annexation (no exceptions).
Oceanside
General rule: no one is allowed to connect unless they are in
the city.
On occasion (i.e. 4 times in 10 years), Oceanside provides
service to someone in another jurisdiction. It is an informal
arrangement where the other agency bills at Oceanside rates
then pays Oceanside at the end of the year.
Oceanside has not been involved in annexations agreements.
Poway
The City is surrounded by the City of San Diego except to the
east. There are septic systems in the eastern part of poway
and in the County, so it isn't an issue there. They do have
some agreements with San Diego where they provide sewer
service for customers in San Diego.
vista
vista requires either annexation or an irrevocable offer to
annex (saying when the city boundary comes up to their
property they have to annex).
The customer pays the annexation costs up front.
Santee
Sewer is handled by Padre Dam Water District.
San Marcos
Sewer is handled by Val1ecitos Water District.
Carlsbad
Sewer is handled by the water district.
smc:sewercs.mem 022192
';29-(g
COUNcrL POLrCY
CrTY OF CHULA VrSTA
~th
SUBJECT: SEWER SERVICE
POLrCY NUMBER: 570-02
ADOPTED BY RESOLUTrON:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTrVE DATE:4-21-92 PAGE: 1 OF 4
NO. DATED: 4-21-92
BACKGROUND
The City has from time to time received requests to permit
connection to the Chula vista sanitary sewer system by properties
not within the city boundary. Each request has been handled on an
individual basis as to how to respond to these infrequent
applications. A policy statement i~ needed to guide staff in
providing legal and efficient service to the public.
PURPOSE
To establish a policy regarding connection to the Chula vista
sanitary sewer system by property not within the incorporated
limits of the City.
POLICY
The City Council hereby establishes the following policy and
procedures relative to connection to Chula vista sanitary sewers by
properties not within the incorporated limits of the city:
1. Basic Policy--Annexation Reauired. Except as provided below,
any property for which sanitary sewer service has been
requested must first annexll to the City. Uflaer terms ef
tRia acetiefl filiflg' of a ferl!\al pctitiofl fer aflflelfatiofl ,;itR
the City t and filiRfJ af an :uuu:uatiefl application tli tli I:..FCO I
BY tRe City, ohall se eOfloiacrca as meetiflg' tRia cOflaitiefl.
a. Property for which sewer connection is sought must either
front upon a sanitary sewer in the city system, or front
upon the logical extension of such a sewer.
b. None of the cost of any sewer main extension required to
1. "First annex". as the term is used herein. shall mean "the
completion of annexation proceedinas wherebY the terri torv is
deemed to be within the city of Chula vista" except that if the
proposed connectee executes a Disconnect Aareement in a form
satisfactory to the city. "first annex" shall mean the "filina of
a formal petition for annexation with the city and the filina of an
annexation application with LAFCO bY the City". Amona such other
matters as the parties may aaree upon. such Disconnect Aareement
shall provide that the connectee aarees to diliaent1v and in aood
faith prosecute and support the annexation effort and further
aarees that. if the annexation should fail. the city may. upon 6
months advance written notice. disconnect the sewer line without
cost. expense or liability for doina so.
;19-/)'
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 2 OF 4
NO. DATED: 4-21-92
serve property beyond the City boundary shall be borne by
the City. Such sewer extensions shall be constructed in
conformity with City standards and shall be dedicated to
the City for public sewer purposes in a manner approved
by the city Engineer. When appropriate, such sewer
extensions may be subject to reimbursement agreements.
c. The owner of property seeking connection shall pay all
applicable non-capacity charges related to connecting to
the sewer as levied by the City. In addition, they shall
pay to the city of Chula vista a sewer capacity charge
which is equal to the higher of the capacity charge
imposed by either the City or the sanitation district
which would logically provide service to the site sought
to be connected.
d. The owner of property seeking connection shall pay any
costs, fees or charges by any governmental agency other
than Chula vista which are relative to and/or
necessitated by the construction of sewer facilities to
serve the property seeking connection.
e. The city may, upon request of the property owner, advance
the cost of annexation fees from the sewer fund to help
defray immediate expenses. The property owner shall
enter into an agreement with the City to repay those fees
over a period of time not to exceed two years. The
repayment shall be added to the property owners sewer
billing and non-payment shall be cause for disconnection
from the sewer system.
2. Exceotion for Proximal. Non-Contiquous prooerties with Failed
seotic Svstems. If the property for which connection is
sought is in close proximity to the city, but not contiguous
to the City boundary, the city Engineer may permit sanitary
sewer service to serve residential property which has inade-
quate subsurface sewage disposal (septic tank) facilities.
Such extension of sanitary sewer service shall be made only
upon submittal of a letter from the County of San Diego Health
Department citing a failed septic system and that said inade-
quate subsurface sewage disposal facility constitutes a poten-
tial health hazard to the health and safety of the residents
residing in the area. The owner shall agree to conditions for
connection as provided below.
a. The property for which connection is sought must
;! 5'.. c2.. C/
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 3 OF 4
NO. DATED: 4-21-92
constitute or be a part of an area that could logically
annex to the City, but, because it is not contiguous to
the City boundary, cannot be annexed without the
cooperation of other property owners. In such cases the
City may require that the property owner seeking
connection first attempts to ~~t toqctaer a viable cause
~annexation through the cooperation of adjacent
properties. The City may require evidence that such an
annexation is not feasible because of refusal of other
properties to consent to annex.
b. The owner agrees that no new construction and/or
development shall be permitted to connect to sanitary
sewer without annexation to the City of Chula Vista.
c. The owner enters into an annexation agreement as provided
in section 4.
d. The owner shall comply with all other conditions of
section 1. includinq aqreeinq to the essential provisions
of a Disconnect Aqreement.
3. Distal Properties Abuttinq citv Sewer Lines. If the property
for which connection is sought is distally located from the
city boundary and is not part of an area which could logically
annex, but which abuts a city sewer that utilizes the
facilities of another sanitation district, the City shall
permit connection to the City facilities subject to the
provisions of section 4 concerning an agreement to annex. Any
sewer mains installed to service the property which connect to
the City sewer shall be dedicated to the City for control of
future hookups. The property owner shall comply with all
other conditions of section 1.
4. Annexations Bevond the Control of Proposed Connectee. In
situations where the property may not be immediately annexed,
either due to lack of proximity, or where the property is in
close proximity, but not contiguous to, the city boundary and
other owners will not consent to annex so as to make
annexation impossible, service mav be permitted on the condi-
tion that the proposed connectee shall enter into an "Annexa-
tion and Disconnection Aqreement" with the city in a form
acceptable to the citv which provides for the followinq:
felle\liR~ oSRdi tiORO chall be iRe!\;l6Cd ill. all a~reelRCRt te
al'll'lClC
) y .-:.))
~/~
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 4 OF 4
NO. DATED: 4-21-92
a. The owner of property seeking connection shall agree in
writing to allHCl! file and diliaentlv prosecute a formal
petition for annexation with the citv. and file and
diliaentlv prosecute an annexation application with LAFCO
when the City determines annexation is logical. Said
agreement shall be a covenant running with the land,
shall apply to all successors in interest and shall be
specifically enforceable. The agreement shall specify
that, in connection with any enforcement action taken by
the City, attorney's fees and court costs shall be a lien
on the land. The agreement GRall mav. to the extent
permitted bv law.Y also provide that the property owner
shall sign an undated annexation petition and grant
irrevocable power of attorney to the City to date the
petition and prosecute the annexation petition.
b. The property owner shall pay to the city the amount of
all applicable annexation fees, including city and other
agencies, which is then in effect. The City shall hold
these fees in trust to be used to offset the fees
required to be paid at the time of the future annexation.
The City will enter into a reimbursement agreement to
repay a portion of the fees deposited based on other
contributors when the property is annexed.
c. If an annexation effort first fails, at any time
thereafter, city will have the option, without liability,
and on 6 months notice, to terminate sewer service. The
property owner will be obligated, upon such termination,
to pay for any "not previously collected" charges for
sewer service, and such monetary obligation shall be a
lien against the property.
d. The agreement shall provide that the owner agrees to sian
a petition for annexation. to cause a Notice of Intent to
Circulate a Petition for Annexation to be published. to
circulate such a petition. to not oppose any then-current
or future procedures to annex their, or adjacent
2. See Government Code Section 56700.5, requiring Notice of Intent
to Circulate Petition to be published prior to "circulation". Is
signature by proposed connectee a "circulation"? City Attorney
recommends that the policy is drafted with sufficient leniency to
evaluate the matter at the time such an agreement contains the
subject provision.
') q ."1 'J
,':)'.. I -~ ~
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 5 OF 4
NO. DATED: 4-21-92
properties, to the City of Chu1a vista. It shall also
provide that the owner agrees not to sign a written
protest petition, or otherwise file a formal written or
formal oral protest of annexation at the Conducting
Authority level of annexation proceedings. However,
nothing herein shall affect the right of the property
owner to vote in any annexation election that may be
called.
5. No sewer service shall be provided to any property beyond the
city boundary unless and until written approval of that
specific service has been received by the city Engineer from
the city of San Diego pursuant to terms of the Sewage Disposal
Agreement of 1960.
6. Upon connection to the Chula vista sanitary sewer system the
property so served shall be subject to any appropriate ongoing
Chula vista sewer service and/or sewage pumping charge.
sewer4.wp
~ '? ? ..-,
/ /-'/"'< '>
~ .~ ,/
COUNCIL AGENDA STATEMENT
Item No.:
~oA
Meeting Date: 4/21/92
ITEM TITLE:
Ordinance ?.~., Adopting the Uni(orm Building Code, 1991 Edition
Director of Building and HOU~~ l/
City Manager f) (4/5ths Vote: Yes No ~
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION,
UNIFORM BUILDING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, March 23, 1992 meeting unanimously approved the recommended adoption
ofthe 1991 Edition, Uniform Building Code. Members ofthe architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Building Code by no
later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
Previously, the City has not amended the Uniform Building Code to address provisions
regarding the installation of fire-resistive roof coverings. Staff has conducted an
investigation into the issues encompassing the parameters involving the various classes
offire-resistive roof coverings and has subsequently recommended to the Board of Appeals
and Advisors that the adoption of the 1991 Edition. Uniform BuildinQ Code contain a
mandatory provision for class "C" or better roof coverinQs
1
30A -I
With respect to staff's conclusion that a minimum of class "C" roof coverings be established
as a Citywide standard, this was premised upon performance criteria submitted to the
Department regarding the merits of pressure-impregnated treated wood shakes and wood
shingles. Specifically, staff reviewed the fire-resistive performance tests of both class "B"
and class "C" roof assemblies and concluded that the only difference between these two
roofing classifications involving wood shakes/shingles is that class "B" was constructed of
shakes/shingles over 1/2 inch solid sheathing plywood decks and class "C" was constructed
with shakes/shingles over spaced sheathing decks. Hence, the pressure-impregnated,
fire-resistive wood shakes/shingles product is the same product for both a class "B" and a
class "C" application.
Given that the product is identical, to impose the more restrictive class "B" standard would
create the possibility of financial hardship for individuals re-roofing homes having existing
wood shakes/shingles over spaced sheathing. While the mihimum expense to install
pressure-impregnated fire-resistive wood shakes/shingles is approximately 30 percent
higher than non-rated wood shakes/shingles, replacement of the spaced sheathing with
solid 1/2 inch solid plywood will impact the consumer with an additional $1,500 to $2,000.
The Department of Building and Housing met with Fire Chief Lopez and Fire Marshal Gove
to discuss the recommended amendment to the 1991 Edition, Uniform Building Code, to
establish the class "C" fire-resistive roof classification as part of the adopted code.
Consensus was reached that class "C" shall be the minimum standard required for new
construction and re-roofing applications which involve greater than 50 percent replacement
of the existing roof.
Staff's recommendation to the Board of Appeals and Advisors is consistent with proposed
legislation contained in Assembly Bill 2131 (O'Connell), which will mandate Statewide,
class "C" roof covering for new construction and roofs requiring a replacement of greater
than 50 percent of their existing area. Staff will advise Council of status changes involving
AB-2131 as they become available.
Attached for Council reference is a copy of the Staff Report submitted to the Board of
Appeals and Advisors for further background information.
The adoption of the 1991 Edition, Uniform Building Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Building Regulations within the jurisdictions of the County of
San Diego.
FISCAL IMPACT: None
KGL:yu
(A:\WP51 \A 1131991.UBC)
2
~o 1\-2.
ORDINANCE NO. ,,50-,
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY
OF CHULA VISTA AND ADOPTING A NEW CHAPTER 15.20 OF THE
MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE
ADOPTION OF THE UNIFORM BUILDING CODE, ~ 1991 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.08 is hereby repealed,
and a new Chapter 15.08 of the Chula vista Municipal Code is hereby
added, which Chapter shall read as follows:
"
Section 15.08.010
section 15.08.020
section 15.08.030
section 15.08.040
section 15.08.050
section 15.08.060
section 15.08.070
section 15.08.080
section 15.08.090
Section 15.08.100.
Section 15.08.110
section 15.08.120
1991ubc.wp
April 17, 1992
Chapter 15.08
Building Code2
Uniform Building Code, 1991 edition, adopted
by reference.
section 202(a) amended to designate building
official.
section 204 amended to confer "suitability of
alternate material" jurisdiction on Board of
Appeals.
section 301 (b) amended to delete exemptions
for certain types of construction from the
requirement to obtain a building permit, and
require re-roofing permits.
Section 304 amended to reference the City I S
Master Fee Schedule, and to charge for fees
not contained in the UBC.
Subsection (h) added to section 305 to require
inspection for compliance surveys.
section 1710(a) amended to add an exception to
the requirement for parapets.
section 3203 amended to provide for more
restrictive roof coverings.
Subsection (e) added to section 3601 to
require equipment enclosures on roofs.
Subsection (f) added to section 3601 to
require removal of obsolete roof equipment.
Paragraph 5 added to subsection (b) of section
3802 added to require installation of
automatic fire-extinguishing system in
buildings greater than certain height.
Subsection (e) added to section 4407 to
1991 UBC Amendments applicable in Chula vista
Page 1
3DA-3
"i
section 15.08.130
require pedestrian protection at construction
sites.
Table No. 44-A amended to specify permitted
means of providing pedestrian protection for
short periods of construction at limited
height building construction sites.
Section 15.08.010. Uniform Building Code, ~ 1991 Edition,
adopted by reference.
There is hereby adopted by reference the Uniform Building
Code, ("UBC") ~ 1991 Edition, and Chapters l(division I), 7, 11,
~ 35, and 49, and 55 of the Appendix that certain document as
copyrighted by the International Conference of Building Officials.
Chapter 31. Accessibility and Chapter 31 of the Appendix are herebv
exempted. Said document is hereby adopted as the Building Code of
the city of Chula vista for regulating the erection, construction,
enlargement, alteration, repair, moving, demolition, conversion,
occupancy, use, height, and area of all buildings and structures in
the City. Providing for the issuance of permits and collection of
fees therefor and each and all such regulations, provisions,
penalties, conditions and terms of the Uniform Building Code,
~1991 Edition, and Chapters l(division I), 7, 11, ~ 35, 49,
and 55 of the Appendix are hereby referred to, adopted, and made a
part hereof as though fully set forth herein, excepting such
portions as are hereinafter deleted, modified, or amended.
section 15.08.020. section 202 (a) amended to designate
Building Director as "building official".
Section 202 (a) of the UBC, as it applies in the city of Chula
Vista, is hereby amended to read as follows:
'2021a) General. The buildinq official is herebv authorized
and directed to enforce all the provisions of this code. For
such purposes the buildinq official shall have the powers of
a law enforcement officer.
The buildinq official shall have the power to render
interpretations of this code and to adopt and enforce rules
and requlations supplemental to this code as may be deemed
necessary in order to clarifY the application of the
provisions of this code. Such interpretations. rules and
requlations shall be in conformity with the intent and purpose
of this code. The Buildinq Official shall be the Director of
Buildinq and Housinq. '
section
"suitability
Appeals.
15.08.030.
of alternate
section 204
materials"
(a) amended to confer
jurisdiction on Board of
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula vista
Page 2
~oA -4
section 204(a) of the UBC, as it applies in the City of Chula
Vista, is hereby amended to read as follows:
section 204 (a) BOARD OF APPEALS AND ADVISORS. To
determine the suitability of alternate materials, methods of
construction and to provide for reasonable interpretation of
the provisions of this Code, there shall be and is hereby
created a Board of Appeals and Advisors consisting of seven
members who are qualified by experience and training to pass
upon matters pertaining to building construction. The
Director of Building and Housing shall be an ex-officio member
who shall not be entitled to vote and who shall act as
Secretary to the Board. The Board of Appeals and Advisors
shall be appointed by the Mayor and confirmed by the city
Council. The Board shall render all decisions and findings in
writing to the Director of Building and Housing with a
duplicate copy to the appellant. The decision of the Board is
final. The Board of Appeals and Advisors shall recommend to
the City Council such new legislation deemed necessary to
govern construction in the city of Chula vista.
(b) Limitations of Authoritv. The board of appeals
shall have no authoritv relative to interpretation of the
administrative provisions of this code nor shall the board be
empowered to waive requirements of the code.'
section 15.08.040. section 301(b) amended to delete
exemptions for certain types of construction from the requirement
to obtain a building permit.
section 301(b) of the Uniform Building Code as it applies in
Chula vista shall read as follows:
(b) EXEMPTED WORK. No person, firm, or corporation
shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, or demolish any building or structure in the
city of Chula vista or cause the same to be done without first
obtaining a separate building permit for each such building or
structure from the Building Official except as follows:
1. Fences up to 72 inches and free standing masonry walls up
to 48 inches in height above the highest adjacent grade.
2. Curbs and planter boxes up to 18 inches in height.
3. Detached patio covers, not exceeding 12 feet in height,
with a projected roof area not to exceed 144 square feet
and at least 6 feet from any building or structure on the
same property.
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula Vista
Page 3
~Dt\ -5
4. One-story detached accessory buildings, not exceeding 12
feet in height used as tool and storage sheds, playhouses
and similar uses, provided the projected roof area does
not exceed 144 square feet and are located so as to
comply with the provisions of C;Q1C Chula vista Municipal
Code, section 19.58.020.
5. oil Derricks.
6. Movable cases, counters, and partitions not over 5 feet,
9 inches in height.
7.
Retaining walls which are not over 3 feet
measured from the top of the footing to the
wall, unless supporting a surcharge or
flammable liquids.
in height
top of the
impounding
8. Television and radio antennas less than 35 feet in
height.
9. Awnings projecting not more than 54 inches and attached
to, and supported by, the exterior walls of buildings of
Group R or M Occupancy.
10. Standard electrolier not over 35 feet in height above
finish grade.
11. Platforms, walks and driveways not more than 30 inches
above grade and not over any basement or story below.
12. Temporary motion picture, television and theater stage
sets and scenery.
13. Prefabricated swimming pools accessory to a Group R,
Division 3 Occupancy in which the pool walls are entirely
above the adjacent grade and if the capacity does not
exceed 5,000 gallons.
14. Fish ponds, reflective pools or other decorative water
containers with a wet surface area of 100 square feet or
less and a maximum depth of 18 inches to the flood rim.
15. Repairs which involve only the replacement of component
parts of existing work with similar materials for the
purpose of maintenance, and which do not aggregate over
$500.00 in valuation in any twelve-month period, and do
not affect any electrical, plumbing or mechanical
installations. Repairs exempt from permit requirements
shall not include any addition, change, or modification
in construction, exit facilities, or permanent fixtures
1991ubc.wp
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1991 UBC Amendments applicable in Chula vista
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or equipment.
Specifically exempted from permit requirements without limit
to valuation are:
a. Painting, papering, decorating and similar work.
b. Installation of floor covering.
c. Cabinet work.
d. outside paving.
e. Re-roofing buildings of Group Rand M Occupancies of less
than 500 sa. ft or less than fifty percent (50%) of roof
coverina replacement.
This section shall not be construed to require separate
building permits for dwelling and accessory buildings or
structures on the same property which are described in the
building permit application, plot plan and other drawings.
Unless otherwise exempted. separate plumbina. electrical
and mechanical permits will be reauired for the above-exempted
items.
Exemption from the permit reauirements of this code shall
not be deemed to arant authorization for any work to be done
in any manner in violation of the provisions of this code or
anv other laws or ordinances of the city of Chula vista.
(c) Standards of Oualitv. The standards listed below
labeled a "U.B.C. standard" are also listed in Chapter 60.
Part II. and are part of this code.
h Concrete
A...
U.B.C. Standard
concrete.
No.
27-13 .
Readv-mixed
~ Connections
A... U.B.C. standard No. 27-7. Hiah-strenath Boltina
~ Fireproofinq
A...
U.B.C. Standard No. 43-8.
Densitv Determination for
Fireproofinq. I
Thickness and
Spray-applied
1991ubc.wp
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1991 UBC Amendments applicable in Chula vista
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section 15.08.050. section 304 amended to reference the
City's Master Fee Schedule, and to charge
fees not contained in the UBC.
section 304 of the Uniform Building Code, as it applies in
Chula Vista, shall read as follows:
Sec. 304. (al General. Fees shall be assessed in
accordance with the provisions of this section or shall be as
set forth in the fee schedule adopted bY the iurisdiction.
(bl Permit Fees. The fee for each permit shall be as
set forth in the Master Fee Schedule. The determination of
value or valuation under any of the provisions of this code
shall be made bY the buildinq official. The value to be used
in computinq the buildinq permit and buildinq plan review fees
shall be the total value of all construction work for which
the permit is issued. as well as all finish work. paintinq.
roofinq. electrical. plumbinq. heatinq. air conditioninq.
elevators. fire extinquishinq systems and anv other permanent
equipment.
(cl Plan Review Fees. When a plan or other data are
required to be submitted bY section 302(bl. a plan review fee
shall be paid at the time of submittinq plans and
specifications for review. Said plan review fee shall be 65
percent of the buildinq permit fee as shown in the Master Fee
Schedule.
(al EXPIR."l'PIOU OF PLl.N REVIEW. 1\eelications fer \Ti'lici'l
RS 19crmit io iDSl.:lCa ana en \:hieh RO aotisR io ta]ccR b'~. the
aeelicant \:iti'lin 180 aa"/s fello'.dnEJ the aate ef aeelicatieR
shall eueire BY limitation ana elaRs submittea fer ei'lecldnEJ
may thereafter be rcturRcd to the aBBlieant or dcotre~cEi bi
the BuilainEJ Offieial. 'Phe BuilaiREJ Official lIla", euteRa the
timo far actieR 13'1 tho aeelical'lt for a eorioa not elfCeeainEJ
lag €lavs UDen \.~rittcR rcaucot by the al3elic:lnt ohe\;iRf:T th:lt
circumstanees eeYOna tho contrel ef tho a1gelieant i'la'lo
ero",ontea aetian from eeil'lEJ ta]coR.
(dl Expiration of Plan Review. Applications for which
no permit is issued within 180 days followinq the date of
application shall expire by limitation. and plans and other
data submitted for review may thereafter be returned to the
applicant or destroyed bY the buildinq official. The buildinq
official may extent the time for action by the applicant for
a period not exceedinq 180 days on request bv the applicant
showinq that all circumstances beyond the control of the
applicant have prevented action from beinq taken. No
application shall be extended more than once. In order to
1991ubc.wp
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1991 UBC Amendments applicable in Chula vista
Page 6
3DA-8
review action on an application after expiration. the
applicant shall resubmit plans and pay a new plan review fee.
(e) Investiqation Fees: Work without a Permit.
1. Investiqation. Whenever any work for which a permit
is required bv this code has been commenced without first
obtaininq said permit. a special investiqation shall be made
before a permit may be issued for such work.
2. Fee. An investiqation fee. in addition to the permit
fee. shall be collected whether or not a permit is then or
subsequent Iv issued. The investiqation fee shall be equal to
the amount of the permit fee required bY this code. The
minimum investiqation fee shall be the same as the minimum fee
set forth in the Master Fee Schedule. The payment of such
investiqation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penaltv
prescribed bY law.
(f) Fee
documents and
refundable. 1
Refunds.
for Strong
Fees paid for microfilming
Motion Instrumentation are
of
not
TRe Baildin~ Offioial sRall Ret autRori~c tRc refaRdiR~
of aRY fcc paid eJ!eept UPOR ".:rittcR applieatieR filed BY tRe
eri~iRal permittce Ret later than 180 days after tRe date ef
fee paymcnt.
(g) Compliance Survey Fee. The fee for conducting a
compliance survey of an existing structure shall be $.75 per
100 square feet ef fleer area or fraotieR tRereef, But Ret
less tRaR $75.88. as specified in the city of Chula vista
Master Fee Schedule.
(h) Exceptions. The united States Government, State of
California, school districts, counties, cities and other
public agencies shall not be required to pay any fees for
filing an application for a building permit pursuant to this
code.
(i) Retention of Plans. State Law requires the
retention of plans, specifications and permits for the life of
the building. Therefore, the applicant shall be charged a fee
to cover the actual cost of microfilming such documents as
specified in the Master Fee Schedule.'
1991ubc.wp
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1991 UBC Amendments applicable in Chula vista
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section 15.08.060. Subsection (h) added to section 305 to
require inspection for compliance surveys.
Subsection (h) is hereby added to section 305 of the Uniform
Building Code, as it applies in Chula Vista, and said subsection
(h) shall read as follows:
(h) Compliance Survey Inspection. Upon receipt of a
written request for a compliance survey from the owner and
payment of the fee specified in the Master Fee Schedule
ceetisH 304(~), the Building Official may inspect an existing
structure to ascertain its compliance with the provisions of
this code and other applicable laws and ordinances, and report
his findings in writing to the owner.'
section 15.08.070. section 1710 (a) amended to add an
exception to the requirement for parapets.
EXCEPTION F is hereby added to subsection (a) of section 1710
of the Uniform Building Code, as it applies in Chula Vista, which
EXCEPTION F shall read as follows:
~ Conversion of existing Group R occupancies to
offices. I
section 15.08.080. section 3203 amended to provide for more
restrictive roof coverings.
section 3203 of the Uniform Building Code as it applied in
Chula vista is amended as follows:
Sec. 3203. The roof covering on any structure regulated
by this code shall be as specified in Table No. 32-A and as
classified in section 3204. Wood shinqles and wood shakes
shall have a minimum Class 'C' fire-resistive ratinq.'
section 15.08.090. Subsection (e) added to section 3601 to
require equipment enclosures on roofs.
Subsection (e) is hereby added to section 3601 of the Uniform
Building Code, as it applies in Chula Vista, which subsection (e)
shall read as follows:
(e) Equipment Enclosure. Operating equipment, including
piping and ducts located on the roof of a building, shall be
shielded from view from pUblic thoroughfares, private and
public parking lots and soundproofed so as to comply with the
noise abatement provisions of sections 19.68.010 through
19.68.090 of the Chula vista Municipal Code. EquiDment
enclosures shall not be constructed so as to traD flammable or
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula vista
Page 8
30A -ID
combustible vapors.
EXCEPTION; Solar collectors.
supporting members.'
Does not include structural
section 15.08.100. Subsection (f) added to section 3601 to
require removal of obsolete roof equipment.
Subsection (f) is hereby added to section 3601 of the Uniform
Building Code, as it applies in Chula vista, which subsection (f)
shall read as follows:
(f) Obsolete Roof Equipment. Mechanical equipment
including piping and ducts located on the roof of a building
and no longer in operation shall be removed from the roof.'
section 15.08.110. Paragraph 5 added to subsection (b) of
section 3802 added to require installation of automatic fire-
extinguishing system in buildings greater than certain height.
Paragraph 5 is hereby added to subsection (b) of section 3802
of the Uniform Building Code, as it applies in Chula Vista, which
Paragraph 5 shall read as follows:
5. In every building regardless of occupancy, group or
type of construction, when such building is more than 40 feet
or four stories or more in height.'
section 15.08.120. Subsection (e) added to section 4407 to
require pedestrian protection at construction sites.
Subsection (e) is hereby added to section 4407 of the Uniform
Building Code, as it applies in Chula vista, which subsection shall
read as follows:
(e) . Construction site. At any construction site
wherein an excavation of 3 feet 6 inches or more is dug shall
be required to be completely fenced around the perimeter of
the site with either a solid wooden fence or woven wire fence
not less than 6 feet in height. Said fence shall be equipped
with gates that can be locked during such periods as
construction is not in progress and that said fence shall be
appropriately posted with no trespassing signs, provided
however, that said requirements shall not apply to single
family and multiple family dwellings of less than three units
or to construction sites where said excavations is not in
existence for more than a 24-hour period. Excavations of 3
~ feet 6 inches or more on such sites shall not be left
unattended without substantial temporary covering or
barricades. '
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula vista
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30A - II
section 15.08.130. Table No. 44-A amended to specify permit-
ted means of providing pedestrian protection for short periods of
construction at limited height building construction sites.
Table No. 44-A--"Type of Protection Requiired for Pedestrians"
is hereby amended to add Footnote 1 thereto, which footnote shall
read as follows:
Footnote 1: Upon prior approval for buildings not
exceeding 24 feet in height, protection may be provided by
using scaffolding or barricades when painting, sandblasting,
adding light-weight veneer or renovating the facade.
Construction time cannot exceed 10 working days.'
SECTION II. FINDINGS AND DECLARATION
The City Council of the City of Chula vista specifically and
expressly finds and declares that the nature and uniqueness of the
climate, terrain, and location does necessitate and demand specific
amendments to the Uniform Building Code, ~ 1991 Edition which
are noted in the Chula vista Municipal Code and restated in this
ordinance.
SECTION III. This ordinance will take effect and be in force on
the thirtieth day from and after its passage and approval.
Approved as to form by:
Larsen, Dire
nd Housing D
Bruce M. Boogaard
City Attorney
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula vista
Page 10
3DA-/~
Note to accompany Ordinance in council Package.
The following deletions from our prior ordinance indicate that the
provisions of the 1991 UBC shall govern without local exception
(These are shown here because the council has typically wanted to
see changes):
seetieH 203. All suoh uHsafe ll\iildiH~s, st.ruet.ares ar
appoHda~os are hereby deolared te be a publio HuisaHee aHd
ahall :Be asatca. :ey repair I rCha13ilitat.ieR, EicmslitioR sr
romoval iH aooordaHOO with the prooodures set forth iH the
DaPiEJerSlaD BliilEliREgJ Ceae as }:H:reJsi~ aaepte.a BY t.he City af
Chula 'lista.
E:eotioH 303 (a) IE:E:UANCE. The applioat.ioH, plaHs aHa
speoifioations and other aata filed by aH applieaHt. for permit.
shall ee revie'.ma ey the BuilaiH~ Offioial. E:uoh plaHs may ee
rC"lic\.9cd by ather dcpartmcnta af this j'larisaietisR 1:6 .....crify
oompliaHoe .;ith any applioaele laws UHaer their jurisaiotion.
If the Baila.iREJ Official fiRes that. the t.,ger]t acceri13ca ill art
applioation for a permit. ana the plans, speoifioations aHa
other data filod thermdth oonform to tho requiremeHts of this
(Ieee alia ether 13CrtiRcRt la\:o arui 61'eiin.:lnecs I aRe th:tt the
fees speeified in the Uaster Fec E:ohedule af tho city af Chula
vista have been paid, he shall issue a permit. ta the
applioant.
When the Buildin'J Offieial iooues the permit .;hero plans
are required, he shall endorse in ~ritin'J ar st.amp t.he plans
and speoifioatians ".".PPROVED." Suoh approved plans ana
speeifieations shall not be ohan'Jed, madified ar alterea
ui t.li.6\:lt aut.hor ization from the Buile1iREgJ Off ieial, afui all ;......or]{
shall ee done iH aeearaanoe .;ith the approvea plans.
The Builain~ Offioial may issue a permit. for the
conotruction of part af a buildiH'J ar struoture eefore the
entiro plans and speoifioatiaHs far the \;hole builain'J or
st.raoture have eeon ouemittea or approved, pra,idea aaequate
information and detailed statements have beeH filea oomplyin~
with all pertinent requiremento of this oodo. The holder of
oueh permit shall prooeed at his O\;R risk without aoouranee
that chanEjes to the plans .;ill nat be required auriH'J the plan
chee]. ar that the permit far the entire structare will ee
'Jranted.
E:eotion 305 (OJ) REItlGPEC'l'IOtl. .". re inopeetion fee, as
prescrieed in the City'o naotcr FeEl ~ehca\:ile, 1EL::l.:f Be aOOCODea
for casa iROflcetion or rc ino13cetioR ..:heR f.::n:iea pertioR af tJor](
for \;hieh inspeotion is oallea is Hat cemplete or when
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula vista
Page 11
"3t>A- I~
correctieHs Balled fer arc Hot made.
TRio ouszcetien ia Ret to bc iRter~rctcd ao requiriR~ rc
iHs~ection fees the first time a jee is rejected for fail~re
to eemply .dta the reE{liirements ef this eede, elit as
controlliH~ the practice of callin~ for iHs~ectioHs eefore the
jaB io ready fer ouch inopcctien or Fe iRo~cotion.
He iRo:pcetion fCE;O may be aoocooca \.9flCR tae permit ears
is not pFe~erly posted en the >;orl. site, tae a~~reved ~laHs
are Rat reaaily a7ailabl~ ta the ino~eeter, for failure to
proy:ia~ aeecao OR the Elate fer \.iiieh ino13cet.isR io rCfJucotcEi,
or fer deviatin~ from plans reE{liirin~ the appro'o'al ef tho
BuildiH~ Official.
To oetain a re inspection, tho applieant shall file an
applicatieH in .:ritin~ Ii~en a form flirHished fer that purpese
and pay the re inspection fcc.
1]=1 inotancco \:acrc Fe iR013cction feeD have beeR aoocoacd,
He additional iHDpectioH ef the .:or). .:ill ee perfermed ~ntil
tho reE{liired feeD have eeen paid.
seetion 1206(d) iD added te read:
seetion 120G (d) I'ROJECTIONS ItITO YARDS. Eave and eerHieeD may
project into any requires ~}arEi not mere thaR 40\ af the yard \:iEith.
Unroofod laHdin~D, porehes and Dtairs may prejeet into aHY reE{~ired
yard, provided He portieH el1cept fer ~liardrails eutcndD aeeYe tho
fleer level ef a haeitaele room aHd provided flirther that He such
13rajcotion shall oaztruct a rc~uircd exit way. rri~ate Balconies
may extend '.dthin 2 feet ef the ~re~erty liHe ~rovidin~ the ealeeHY
is of ORe hour fire rcoioti~c conotruetion or inoembuotislc
material.
1991ubc.wp
April 17, 1992
1991 DBC Amendments applicable in Chula Vista
Page 12
~~ A- I ~
COUNCIL AGENDA STATEMENT
Item No.:
~~
Meeting Date: 4/21/92
ITEM TITLE:
Ordinance 1 S og Adopting the Uniform Plumbing Code,
1991 Edition ~
Director of Building and HOUS~ V
City Manager,; (4/5ths Vote: Yes No U
!
,j
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION, UNIFORM
PLUMBING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday. March 23, 1992 meeting unanimously approved the recommended adoption ofthe
1991 Edition, Uniform Plumbing Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Plumbing Code by
no later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Plumbing Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Plumbing Regulations within the jurisdictions of the County of
San Diego.
FISCAL IMPACT: None
KGL:yu
(A:IWP51\Al131991.UPC)
"30 ~ -r/3()tJ-1--
ORDINANCE NO. ~soa
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
REPEALING EXISTING CHAPTER 15.28 OF THE MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.28 OF THE MUNICIPAL CODE OF
THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE
UNIFORM PLUMBING CODE, 1991 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.28 is hereby repealed,
and a new Chapter 15.28 of the Chula vista Municipal Code is hereby
added, which Chapter shall read as follows:
II
section 15.28.010.
section 15.28.020.
section 15.28.030.
section 15.28.040.
section 15.28.050.
section 15.28.060.
section 15.28.070.
section 15.28.080.
Chapter 15.28
Uniform Plumbing Code, ~ ~ Edition
adopted by reference.
section 20.1 amended to designate building
official.
section 20.3 amended to reference Chula
vista's General Penalty Provisions.
section 30.4(a) amended to have fees reference
city's Master Fee Schedule.
section 30.4(d) amended to exempt imposition
of investigation fees for emergency work.
section 30.5(f) amended to reference the
city's Master Fee Schedule.
section 1105 amended to specify local minimum
residential sewer size.
Appendix C adopted as recommended guide.
section 15.28.010. Uniform Plumbing Code, ~ !22l Edition
adopted by reference.
There is hereby adopted by reference the Uniform Plumbing
Code, ~ 1991 Edition, and Appendices Chapters A, B, C, Q and H
and I of the l.ppcndill that certain document as copyrighted by the
International Association of Plumbing and Mechanical Officials
("UPC"). Said document is hereby adopted as the Plumbing Code of
the city of Chula vista for regulating the complete installation,
maintenance and repair of plumbing, drainage systems, water
systems, gas systems, pri vate sewage disposal systems on all
properties and within all buildings and structures in the City.
Providing for the issuance of permits and collection of fees
therefor and each and all such regulations, provisions, penalties,
conditions and terms of the Uniform Plumbing Code, ~ 1991
Edition, and Chapters A, B, C (as a guide), Q and H aRa I of the
Appendix are hereby referred to, adopted, and made a part thereof
1
3oP-> -,3
as though fully set forth herein, excepting such portions as are
hereinafter deleted, modified or amended.
section 15.28.020. section 20.1 amended to designate building
official.
Section 20.1 of the UPC as it applies in Chula Vista shall
read as follows:
'Administrative Authority.
20.1
The Administrative Authority shall be the Director of
Building and Housing--the Authoritv dulv appointed to
enforce this Code.'
section 15.28.030. section 20.3 amended to reference Chula
vista's General Penalty Provisions.
section 20.3 of the UPC as it applies in Chula vista shall
read as follows:
'Violation and Penalties
20.3
(al Violations. Any person, firm or corporation
violating any provisions of this code shall, upon
conviction thereof, shall be subject to punishment as
provided for in Chapter 1.20 of the Chula vista Municipal
Code. Each Geparatc day or any psrtisn thereof during
.ihich any violation sf thiG code occurs sr eSntinues
Ghall be aeemed to conGtitute a Geparate sffense ana upon
convietisn thereof, ohall Be puniGhaBle as herein
provided. 'Fae isauance or granting sf a permit sr
approval of plans ana speeifieationG ahall not Be aeemea
or oSnstrued to be a permit for sr an approval of any
violation of any of the prsvisiono of this code.
No permit preouming ts gb"e authority ts ...islate or
canoel the provioions sf thia code shall be valia except
insofar aG the '.lOr), or HGe ",.hich it aHthsriiloa is lawful.
'Fhe ioouance or granting of a permit or approval sf plans
shall not prevent the adminiatrative authority from
thereafter requiring the correction of errsrs in aaid
plans and Gpecificatisns sr from preveRting eSRstructioR
operationo Being carried on thereunder '-ihen in violation
of thio ooae or of any other ordiRaRoe or frsm re,,'sJtiRIjf
aRY certifioate sf approval .iheR isauea iR errsr. Every
permit iOGued BY the administrative authority unaer
provioiono of thio code Ghall el!pire BY limitation ana
2
~o;e, - .LJ
become null and void, if the ",:erlt a\itherized by slieh
permi t is net eelftlRenced .:i thin one hunarea aRa ei~hty
aays (189) ef the aate ef ouch permit er if tRe verlt
authorized by such permit is S\:lSpeRaea er abaRdon at any
'time after the 'i.:er]t is eORliftCRCCa for a period af eRe
hundred and eighty (180) days. Before slish werlt san be
rccolRiRcflccd, a flC~.; permit Oh311 be firot obtaiRcd alia the
fee oRall be one half the amount relJuirea for a nm:
permit for ouch .lorl, provided no chan~es Ra",re been made
or .:ill be made in the original plans ana specifications
for O\:loh ".:orlt; ana provided further, that auch auspeRsieR
or abandonment haa not c>weeded ORe (1) yeal!'.
(b) Penalties. Any person, firm, or corporation
violating any provision of this code shall be deemed
guilty of a misdemeanor, and upon conviction thereof,
shall be punishable by a fine and/or imprisonment set
forth by the governing laws of the jurisdiction. Each
separate day or any portion thereof, during which any
violation of this Code occurs or continues, shall be
deemed to constitute a separate offense.
Section 15.28.040. Section 30.4(a) amended to have fees
reference city's Master Fee Schedule.
Subsection 30. 4 (a) of Section 30.4 II Fees II of the UPC as it
applies in Chula vista shall read as follows:
'ra) Permit Fees. The fee for each permit shall be set
forth in the Master Fee Schedule of the city of Chula
vista. 28.7 COS'!' OF PERUl'!'. E"..ery applicant for a
permit to do .lOrl, re~ulated by this Ceee shall state in
.:ritin~, on the application ferm pl!'eviEleEl fer that
purpooe, the character of .:orl, propoaed to be Elone aRd
the amount and Idnd in cennestien there.:ith, te~ethe'F
.:ith oush information, pertinent thereto, aa may be
reEluired.
Such applicant shall pay for each permit, at the
time of hlDuanee, a fee accordance with the !!aater Fcc
SCHedule of the city ef CH1:lla Yista. WHeRe"/er aRY verlt
for .:Rich a permit is reEluirca by tRia sede has been
commenced .:ithout firot ebtainin~ said permit, a apecial
iRveoti~ati6n shall be made before a permit may be issliea
for such .lOrlt. An inveDtigation fee, in addition to the
permit fee, shall be collected \lhether or Rot a permit is
then or Buboeq\:lently iODued. '!'he investigation fee shall
19~ €lf!ual to the amount sf the ~c:E'B\it. fee reEIliireEi BY thio
ceee. '
Section 15.28.050.
Section 30.4(d) amended to exempt
3
30~ -5
imposition of investigation fees for emergency work.
Subsection 30.4(d) of section 30.4 "Fees" of the UPC as it
applies in Chula vista shall read as follows:
'(d) Investigation Fees.
ill Whenever any work for which a permit is
required by this Code has been commenced
without first obtaininq said permit. a special
inyestiqation shall be made before a permit
may be issued for such work.
1Zl An inyestiqation fee. in addition to the
permit fee. shall be collected whether or not
a permit is then or subsequently issued. The
investiqation fee shall be equal to the amount
of the permit fee that would be required bv
this Code if a permit were to be issued. The
payment of such investiqation fee shall not
exempt any person from compliance with all
other provisions of this Code. nor from any
penalty prescribed bY law.
(3) This provision shall not apply to emergency
work when it shall be proven to the
satisfaction of the Administrative Authority
that such work was urgently necessary and that
it was not practical to obtain a permit before
commencement of the work. In all such cases,
a permit must be obtained as soon as it is
practical to do so, and if there be an
unreasonable delay in obtaining such permit,
the investigation fee as herein provided for
shall be charged.
For tho ~ur~osos of this soetisR, a saRitary
~lullleiR~ outlot OR or to "hich a ~lullleiR~ fixture
BE' appliance may be oct er attachea shall se
conotruca te Be a fi](ture. Fees fer Fe eS1UleetieR
and Fe tost ef plullleiR~ oyotellls iR releeated
euildiR~S shall ee eaoea OR the Rumeer of plumein~
fixtures, !Jas systellls, .:ater heaters, ete. ,
invel";ea.
When a parllli t haG eecR oetaiRed te eeRReet aR
eldstinEJ euildinEJ er eldGtiREJ \Terl, te the puelic
omlOr or to connect to a Re.. private dispesal
facility, eaclcfillin~ of ~rivate aewaEJe dioIlesal
facilitieo aeaRaonea conoequently te sueh
cenncotien i~ incluaca in the pcrmi~.
4
3-06-"
connection ia included in the pCFmit.
section 15.28.060. section 30.5(f) amended to reference the
city's Master Fee Schedule.
section 30.5(f) of the UPC as it applies in Chula vista shall
read as follows:
I (f) Reinspections. A re inapection fee may Be asaeooed
for each inapection or reinapection \ihen auch portien ef
,.'or], for "hich inspection is called is not complete or
';hen eerrectiens called for arc not made.
A reinspect ion fee may be assessed for each
inspection or reinspection when such portion of work for
which inspection is called is not completed or when
re~uired corrections have not been made.
This provision is not to be interpreted as reouirino
reinspection fees the first time a iob is reiected for
failure to comply with the re~uirements of this Code. but
as controllino the practice of callino for inspections
before the iob is ready for inspection or reinspection.
Reinspection fees mav be assessed when the approved
plans are not readilY available to the inspector. for
failure to provide access on the date for which the
inspection is reouired. or for deviatino from plans
reouirino the approval of the Administrative Authority.
To obtain a re-inspection, the applicant shall file
an application in writing upon the form furnished for
that purpose and pay the re-inspection fee in accordance
with the Master Fee Schedule of the City of Chula vista.
In instances where reinspection fees have been
assessed. no additional inspection of the work will be
performed until the re~uired fees have been paid.
In instances ',lhere re inapection fees have aeen
assessed, no additional inapcction of the ~ork ~ill ae
performed until the required feea have Deen paid.'
Section 15.28.070. section 1105 amended to specify local
minimum residential sewer size.
section 1105 of the UPC as it applies in Chula vista shall
read as follows:
'section 1105 -- Size of Building Sewers
The minimum size of any building sewer shall be
5
3l).g - 7
determined on the basis of the total number of fixture
units drained by such sewer, in accordance with Table 11-
2. No buildinq sewer shall be smaller than the buildinq
drain. However, the minimum size building sewer for any
residential (R) occupancy shall be not less than 4
inches. '
section 15.28.080. Appendix C adopted as recommended guide.
Appendix "C" of the UPC as it applies in Chula vista shall be,
and hereby is, adopted as a recommended quide for determining the
minimum required sanitary facilities for various occupancies.
Deviation from the specified number of fixtures is subject to
review and prior approval by the ~administrative ~authority.
Cee~ien 101, 8ubseetion(a) amended to read:
ceetion 401(a) pmTERI~LS. Draina~e pipe shall be east iron,
gal vanii'icd ztccl, fJ:J.l",t:lnizca \J'yeuqht. irerl, leaEl, eepper I srass,
ABC, rvc, ar other approved materials havin~ a smooth and uniform
bore c>ccept:
(1)
DRall 130
~round.
no Ejalvanilled ,:rouEjht iron er 'Jal'"aniiled steel pipe
used underEjround and shall be kept at least 6 inohes above
(2) ...~BC ElL" r~vTc iflot:lll:ltieno oball lac limitca te residential
oonstruotion not more than three otorieo in hei'Jht. Cemmereial and
ind\istrial buildinEjs, '.lhen in the opinion of the administrative
:lutherity I the 'i._waste Eliochargc iEl ao dcfinc€l liRdcr E:eetisR lGS I
Cubseetien (d), Domestio Se\laEje. ABS or rvc inGtallations shall
net be permitted to penetrate any fire reGistive assembly.
section 409, Suboection (a) io amendod te read:
scction 109 DR.".INl\CE BELO\'1 pmnl SEIHSR LEVEL. Draina'Je pipin~
scrvin'J filcturco be 1 0'..' the elc'latian af the upotream manhele shall
srain bi' 'Jravity into the main SC\lCr and shall be proteoted fram
baeJrfle'.1 ef se'.'ag-e by installing- an approvcd type baolt\:ater val'le
er ether methods or devices approved by the administrative
a\itheri ty in a readily aooessible looation. Each suoh baoJr\:ater
valve er ether methods and devioes shall be installed only in that
branoh or section of the drainag-e ayotem ,:hich reeei ves a dis6har~e
from fixturco lecatcd bcleu the cle....'l:atieR af the l;lputrcam manRele.
scotian 1001(0) P~TERIAL8. Water pipe and fittin~s shall be
of braGG, oopper, oaat iron, g-alvaniilcd malleable iren, ~alvaniiled
\;rel:ilJR't iLeR, ~a17a:niz0e1. Eltce.l, eL" othE:L' appre",,"'ca materials. rE SF
rvc 'Jater pipe manufaotured to reoo~nil!led Gtandards may be \ised fer
oela "ater aistr ibution systems e\itside ef a euildin~.
relybutylenc and crvc \later pipe may be uaed inside buildin~s fer
hot and cold "~ater inatal1ationG and rvc for 6eld \later
6
:"3D~ -8'
iRst.allatieRo eRly \:heR limited te reoideRtial ceRotruotieR Ret
mere thaR feur oterieo iR height, eemmereial aRd iRdustrial
euildiRg \:heR, iR the slliRieR ef the AdmiRiotrative l<ut.hel!'it.,t, t.fte
eccullaRey hai!iard io ne greater thaR iR d\:elliRg liRit.s.
I'elyeutyleRe, CI",'C and I'VC llille \:heR lised iRside BuildiRga ahall
Ret ee llermitted to peRetrate fire reDiotive aoocmblico.
seetien 1007(b) ameRded te read:
ceotien 1007 (13) EXCECCIVE WATER I'RECCURE. Where leoal \:ater
llreooure is in elWeGG of 813 llGi, an appre'led tYlle llresoure
regulater preeeded by an adequate otraiRer shall bc iRotalled aRd
the llreoDurc redlieed te 80 pGi, er less. Fer lletaele .....ater
Dervicco ull te and iRcluding 1 1/2" regulatora, pre7isieRs shall lae
made te prevent llresaure eR the buildiRg side ef the reglilater frem
excecdiRg main oUllllly preaoures. ".ppreved regulaters "lith iRt.egral
by paDDeD are aeceptable. Each ouch regulator aRd otraiRer shall ee
aceessiely lecated and ahall have the otraiRer readily acceoailale
fer eleaning \li theut remeving the regulatsr er atrainer bedy or
diseeRnectiRg the supply piping. ".11 llipe oii!ie detcrmiRatioRo
Ghall ee baGed en 80 peroeRt ef the reduced presoure.
Water preoolire \lithin Gingle family eliildiRgG ohall lae aet at
a malcimum sf 3S poi. The llresoure regulater Ghall ee lseat.ed at.
the d\wlling en the buildiRg oide of the elCterisr \:at.er eutlets.
I'iping oii!ie ohall be determined by uoing Table 10 2, I'rcssure Range
4& te 60 poi.
Section II. Findings and Declaration.
The City council of the city specifically and expressly finds
and declares that the nature and uniqueness of the climate,
terrain, location, and environment of the City does necessitate and
demand specific amendments to the Uniform Plumbing Code, ~ ~
Edition, which are noted in the Municipal Code and restated in this
ordinance.
Section III. Effective Date.
This ordinance shall take effect and be in force on the
thirtieth day from and after its passage and approval.
~
fom~
Presented by:
Approved as
ruce M. Booga a
City Attorney
7
dO ~ - cr
COUNCIL AGENDA STATEMENT
Item No.: ~O ~
Meeting Date:
4/21/92
ITEM TITLE:
Ordinance ;;2 c; I> ~ Adopting the Uniform Mechanical Code,
1991 Edition
Director of Building and HOUSi~
SUBMITTED BY:
City Manager .. '
/.
(;
RECOMMENDATION: THATTHECITYCOUNCILADOPTTHE 1991 EDITION, UNIFORM
MECHANICAL CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
(4/5ths Vote: Yes
No~)
REVIEWED BY:
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday, March 23, 1992 meeting unanimously approved the recommended adoption ofthe
1991 Edition, Uniform Mechanical Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Mechanical Code
by no later than July 1, 1992. Jurisdictions within San Diego County have met collectively
to discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Mechanical Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Mechanical Regulations within the jurisdictions ofthe County
of San Diego.
FISCALlMPACT: None
KGL:yu
(A:\WP51\A1131991.UMC)
aDC. -'/J()e"z,
ORDINANCE NO. ~5D1
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
REPEALING EXISTING CHAPTER 15.16 OF THE MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.16 OF THE MUNICIPAL CODE OF
THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE
UNIFORM MECHANICAL CODE, 1991 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That the existing Chapter 15.16 of the Municipal
Code is hereby repealed, and a new Chapter 15.16 of the Chula vista
Municipal Code are hereby added to read as follows:
"
Chapter 15.16
section 15.16.050.
Uniform Mechanical Code, ~ 1991 Edition
Adopted by reference.
section 201(a) amended to designate building
official.
section 202 amended to identify additional
unsafe equipment.
section 203(a) amended to confer "suitability
of alternate materials" jurisdiction on Board
of Appeals.
section 304 amended to specify local fee
structure.
section 15.16.010.
section 15.16.020.
section 15.16.030.
section 15.16.040.
Section 15.16.010. Uniform Mechanical Code, ~ 1991 Edition
Adopted by reference.
There is hereby adopted by reference, that certain document
known and designated as Uniform Mechanical Code, ~ 1991 Edition
and Appendix A, Chapter 22 of Appendix B, And Appendix C thereof as
copyrighted by the International Conference of Building Officials
("UMC"). Said Document is hereby adopted as the Mechanical Code of
the city, providing for and regulating the complete installation
and maintenance of heating, ventilation, cooling and refrigeration
systems, and providing for the issuance of permits therefore, and
each and all such regulations, provisions, penalties, conditions
and terms of the Uniform Mechanical Code, ~1991 Edition and
Appendix A, Chapter 22 of Appendix B and Appendix C thereto are
hereby referred to, adopted and made a part hereof as though fully
set forth herein, excepting such portions as are hereinafter
deleted, modified or amended.
section 15.16.020. section 201 (a) amended to designate build-
1
30 C! - 3
ing official.
section 201(a) of the UMC as it applies in Chula vista shall
read as follows:
201(a) General. The building official is hereby
authorized and directed to enforce all the provisions of
this code. For such purposes the building official shall
have the powers of a law enforcement officer.
The building official shall have the power to render
interpretations of this code and to adopt and enforce
rules and regulations supplemental to this code as may be
deemed necessary in order to clarify the application of
the provisions of this code. Such interpretations, rules
and regulations shall be in conformity with the intent
and purpose of this code. The buildinq official. herein
referenced. shall be the Director of Buildinq and
Housinq.
section 15.16.030. section 202 amended to identify additional
unsafe equipment.
section 202 of the UMC as it applies in Chula vista shall read
as follows:
section 20211i UNSAFE EQUIPMENT. Any equipment regulated
by this code, which is unsafe or which constitutes a fire
or health hazard or is other wise dangerous to human life
is, for the purposes of this section, unsafe. Any use of
equipment regulated by this code constituting a hazard to
safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is, for this purpose of
this section, an unsafe use. Any such unsafe equipment
is hereby declared to be a public nuisance and shall be
abated by repair, rehabilitation, demolition or removal
in accordance with procedures set forth in the Uniform
Code for the Abatement of Dangerous Buildings as adopted
by Uniform Building Code, section 203 as amended. As an
alternative, the Building Official or other employee or
official of this jurisdiction as designated by the
governing body may institute any other appropriate action
to prevent, restrain correct or abate the violation.
section 202(b) EQUIPMENT ENCLOSURE. Operating equipment
including piping and ducts located on the roof of a
building shall be shielded from view from public
thoroughfares, private and pUblic parking lots and
soundproofed so as to comply to the noise abatement
provisions of section 19.68.010 through 19.68.090 of the
Chula vista Municipal Code. Equipment enclosures shall
2
~C! - 'I
not be constructed so as to trap flammable or combustible
vapors.
EXCEPTION: Solar Collectors -
structural supporting members.
Does not include
Section 202 (c). Obsolete and unused equipment, including
piping and ducts located on the roof of a building and no
longer in operation shall be removed from the roof.
section
"suitability
Appeals.
15.16.040. section 203(a) amended to confer
of alternate materials" jurisdiction on Board of
section 203(a) of the UMC as it applies in Chula vista shall
read as follows:
section 203 (a) BOARD OF APPEALS AND ADVISORS. To
determine the suitability of alternate materials, methods
of construction and to provide for reasonable
interpretation of the provisions of this code, there
shall be and is hereby created a Board of Appeals and
Advisors consisting of seven members who are qualified by
experience and training to pass upon matters pertaining
to mechanical design, construction and maintenance and
the public health aspects of mechanical systems and who
are not employees of the jurisdiction. The Director of
Building and Housing shall be an ex-officio member who
shall not be entitled to vote and who shall act as
Secretary to the Board. The Board of Appeals and
Advisors shall be appointed by the Mayor and confirmed by
the City Council. The Board shall render all decisions
and findings in writing to the Director of Building and
Housing with a duplicate copy to the appellant. The
decision of the Board is final.
section 15.16.050. section 304 amended to specify local fee
structure.
section 304 of the UMC as it applies in Chula vista shall read
as follows:
Fees.
Sec. 304 (a) General. Fees shall be assessed in
accordance with the Master Fee Schedule of the City of
Chula vista.
(b) Permit Fees. The fee for each permit shall be
as set forth in the Master Fee Schedule of the City of
Chula vista.
3
)f)C -5
(c) Plan Review Fees. When a plan or other data are
required to be submitted by section 302 (b), a plan review
fee shall be paid at the time of submitting plans and
specifications for review. The plan review fees for
mechanical work shall be equal to 25 percent of the total
permit fee as set forth in the Master Fee Schedule of the
City of Chula vista. The plan review fees specified in
this Subsection are separate fees from the permit fees
specified in section 304(a) and are in addition to the
permit fees.
When plans are incomplete or changed so as to
require additional plan review, an additional plan review
fee shall be charged at the rate shown in the Master Fee
Schedule.
(d) Expiration of Plan Review. Applications for
which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans
and other data submitted for review may thereafter be
returned to the applicant or destroyed by the building
official. The building official may extend the time for
actin by the applicant for a period not exceeding 180
days upon request by the applicant showing that
circumstances beyond the control of the applicant have
prevented action from being taken. No application shall
be extended more than once. In order to renew action on
an application after expiration, the applicant sh all
resubmit plans and pay a new plan review fee.
(e) Investigation Fees: Work without a Permit.
1. Investigation. Whenever any work for which a
permit is required by this code has been
commenced without first obtaining said permit,
a special investigation shall be made before a
permit may be issued for such work.
2. Fee. An investigation fee, in addition to the
permit fee, shall be collected whether or not
a permit is then or subsequently issued. The
investigation fee shall be equal to the amount
of the permit fee that would be required by
this code if a permit were to be issued. The
payment of such investigation fee shall not
exempt any person from compliance with all
other provisions of this code or from any
penalty prescribed by law.
(f) Fee Refunds.
1. The building official may authorize the
4
~c.. ...l.r:,
refunding of any fee paid hereunder which was
erroneously paid or collected.
2. The building official may authorize refunding
of not more than 80 percent of the permit fee
paid when no work has been done under a permit
issued in accordance with this code.
3. The building official may authorize refunding
of not more than 80 percent of the plan review
fee paid when an application for a permit for
which a plan review fee has been paid is
withdrawn or canceled before any pllan review
effort has been expended.
The building official shall not authorize refunding
of any fee paid except upon written application
filed by the original permitee not later than 180
days after the date of fee payment.
SECTION II. FINDINGS AND DECLARATION
The City Council of the city of Chula vista specifically and
expressly finds and declares that the nature and uniqueness of the
climate, terrain and location does necessitate and demand specific
amendments to the Uniform Mechanical Code, ~ 1991 Edition which
are noted in the Chula vista Municipal Code and restated in this
Ordinance.
SECTION III. EFFECTIVE DATE.
This Ordinance shall take effect and be in force on the
thirtieth day from and after its passage and approval.
.~
Kenneth G. Larsen, Dir ctor
Building and Housing D partment
J
by:
Presented by:
,
Bruce M. Boogaard
City Attorney
e:\municode\1991umc.wp
5
.Jt;C - "1
COUNCil AGENDA STATEMENT
Item No_: ~b p
Meeting Date: 4/21/92
ITEM TITLE:
ordinanc;" ~I[) Adopting the Unifqrm Housing Code, 1991 Edition
Director of Building and HOUSing~ L,-
SUBMITTED BY:
REVIEWED BY:
City Manage( I'
,
(4/5ths Vote: Yes
No .JL)
RECOMMENDATION: THATTHE CITY COUNCIL ADOPT THE 1991 EDITION, UNIFORM
HOUSING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday, March 23, 1992 meeting unanimously approved the recommended adoption ofthe
1991 Edition, Uniform Housing Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Housing Code by
no later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Housing Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Housing Regulations within the jurisdictions of the County of
San Diego.
FISCAL IMPACT: None
KGL:yu
(A:\WP51\A1131991.UHC)
30D-I /3tJtJ-J,
ORDINANCE NO. 2.5/0
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
REPEALING EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE OF
CHULA VISTA AND ADOPTING A NEW CHAPTER 15.20 OF THE
MUNICIPAL CODE OF CHULA VISTA RELATING TO THE ADOPTION OF
THE UNIFORM HOUSING CODE, ~ 1991 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.20 is hereby repealed,
and new Chapter 15.20 of the Chula vista Municipal Code is hereby
adopted to read:
"
section 15.20.010.
section 15.20.020.
section 15.20.030.
section 15.20.040.
section 15.20.050.
section 15.20.060.
CHAPTER 15.20
Uniform Housing Code, 1991 Edition, Adopted by
Reference.
Subsection (al of section 201 Amended to
Designate Director of Building and Housing and
"Building Official".
Subsection (al of section 203 Amended to
Designate Board of Appeals as "housing
advisory and appeals board".
section 304 Added to Require Annual Housing
Permit.
section 305 Added to Require Housing Permit
Fees to be Set by city's Master Fee Schedule.
section 307 Added to Require Suspension or
Revocation of Annual Housing Permit Where
Operation is Non-Conforming.
section 15.20.010. Uniform Housing Code, 1991 Edition,
Adopted by Reference.
There is hereby adopted by reference that certain document
known and designated as the Uniform Housing Code, ~ 1991 Edition
as copyrighted by the International Conference of Building
Officials. Said document is hereby adopted as the Housing Code of
the City of Chula vista, California providing for the issuance of
housing permits .and providing the minimum requirements for the
protection of life, limb, health, property, safety and welfare of
the general public and the owners and occupants of residential
buildings in the City of Chula Vista, and the regulations,
provisions, penalties, conditions and terms of said Uniform Housing
Code, ~1991 Edition, are hereby referred to, adopted, and made
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 1
"?>DD -3
a part hereof, as though fully set forth herein, excepting such
portions as are hereinafter deleted, modified or amended.
section 15.20.020. Subsection (al of section 201 Amended to
Designate Director of Building and Housing and "Building Official".
section 201(al of the Uniform Housing Code, as it applies in
Chula Vista, shall read as follows:
201(al. Authority. The building official is hereby
authorized and directed to enforce all the provisions of this
code. For such purpose, the building official shall have the
powers of a law enforcement officer.
The building official shall have the power to render
interpretations of this code and to adopt and enforce rules
and regulations supplemental to this code as may be deemed
necessary in order to clarify the application of the provision
of this code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose of this
code. The Buildinq Official shall be the Director of Buildinq
and Housinq. I
section 15.20.030. Subsection (al of section 203 Amended to
Designate Board of Appeals as "housing advisory and appeals board".
Subsection (al of section 203 of the Uniform Housing Code, and
the title precedent thereto, as it applies in Chula vista, is
hereby amended to read as follows:
'ADVICORY AND APPEALC BOARD BOARD OF APPEALS AND ADVISORS.
Sec. 203 (al General. In order to provide for reasonable
interpretation of the provisions of this code, to mitigate
specific provisions of the code which create practical
difficulties in their enforcement and to hear appeals provided
for hereunder, there is hereby established a Board of Appeals
and Advisors consisting of seven members who are qualified by
experience and training to pass upon matters pertaining to
building construction, use and occupancy of residential
structures. The Director of Building and Housing shall be an
ex-officio member who shall not be entitled to vote and who
shall act as Secretary to the Board. The Board of Appeals and
Advisors shall be appointed by the Mayor and confirmed by the
City Council. The Board shall render all decisions and
findings in writing to the Director of Building and Housing
with a duplicate copy to the appellant. Appeals to the Board
shall be processed in accordance with the provisions contained
in section 1201 of this code or in accordance with such
procedures as may be prescribed by the city Attorney of the
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 2
~D () -If
City of Chula vista. The decision of the Board is final. The
Board of Appeals and Advisors shall recommend to the city
Council such new legislation deemed necessary to govern
construction, use and occupancy of residential structures, in
the City of Chula vista.'
Section 15.20.040. section 304 Added to Require Annual
Housing Permit.
section 304, and the title precedent thereto, is added to the
Uniform Housing Code, as it applies in Chula Vista, which section
shall read as follows:
'Annual Housing Permit.
304 (a) . It shall be unlawful for any person, firm,
partnership, or corporation, either for himself or itself, or
for any other person, firm, partnership, or corporation to own
or operate an apartment house, lodging house or hotel without
first obtaining a housing permit therefor.
(b). The Annual Housing Permit provided for in this code
shall be due and payable to the City of Chula vista on the
first day of January of each year in advance. The housing
permit fee shall be paid concurrently with the business
license fee.
(c). If any person, firm, partnership or corporation
commences the operation of an apartment house or hotel during
the calendar year, the housing permit shall be prorated on a
quarterly prorata basis for the calendar year.
(d). A permit to operate and maintain an apartment house
or hotel is not transferable.'
section 15.20.050. section 305 Added to Require Housing
Permit Fees to be Set by City's Master Fee Schedule.
section 305, and the title precedent thereto, is added to the
Uniform Housing Code, as it applies in Chula Vista, which section
shall read as follows:
'Housing Permit Fees - Apartment Houses, Lodging Houses,
Hotels and Motels.
Sec. 305 (a). The fee for a Housing Permit required by
section 304 of this ordinance shall be as presently designa-
ted, or as it may hereafter be amended as set forth in the
Master Fee Schedule of the city of Chula vista.
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 3
]D () -5
For the purpose of this section, a "unit" shall mean each
apartment in an apartment house, each sleeping room in a
hotel, motel, and lodging house, and each apartment and each
hotel, motel sleeping room in a building containing both
apartments and hotel/motel sleeping rooms.
Separate apartment house building and separate
hotel/motel building, or combination thereof, located upon a
single parcel of land or contiguous parcels of land, under the
same ownership, shall be treated as one apartment house, or
hotel for the purpose of computing the fee prescribed by this
section.
(b). Penalty for Delinquent Payment. If the housing
permit is not paid on or before the thirtieth (30th) day of
the month following the date when it became due, then a
penalty in an amount equal to twenty-five percent (25%) of the
permit fee due and payable shall be added thereto, and no such
permit shall be issued until such penalty has been paid.
(c). The Director of Building and Housing shall cause to
be made such inspections, at such intervals, as shall be
deemed necessary to insure compliance with the provisions of
this code.'
section 15.20.060. section 306 Added to Require Suspension or
Revocation of Annual Housing Permit Where operation is Non-
Conforming.
section 306, and the title precedent thereto, is added to the
Uniform Housing Code, as it applies in Chula Vista, which section
shall read as follows:
'Suspension and Revocation of Housing Permit.
Sec. 306. Whenever it is found that any apartment house,
lodging house, hotel or motel is not being conducted in
conformity with this Code, the annual housing permit to
operate shall be subject to revocation or suspension by the
Building Official.'"
SECTION II. Findings and Declaration. The City Council of
the city of Chula vista specifically and expressly finds and
declares that the nature and uniqueness of the climate, terrain,
and location does necessitate and demand specific amendments to the
Uniform Housing Code, ~ 1991 Edition, which are noted in the
Chula vista Municipal Code and restated in this ordinance.
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 4
~{)t) .....&.
SECTION III. This Ordinance shall take effect and be in full
force on the thirtieth day from and after its passage and approval.
Presented By:
Approved as
;:L~
Bruce M. Boogaa
City Attorney
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 5
.3D.P - 7
ITEM TITLE: a)
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Itl!lll ~I A--O
b)
Meeting Date 4/21/92
Resolution Jb5qq of the City Council of the City of
Chul a Vi sta cert i fyi ng the Fi na 1 Envi ronmenta 1 Impact Report
and addendum thereto on the Otay Valley Road Widening Project
(EIR 89-01), SCH #89083004
Reso 1 ut ion 'b 1..0 () of the City Counc il of the City of
Chul a Vi sta adopt i ng map showi ng amended boundari es of
Assessment District No. 90-2 (Otay Valley Road)
Resolution \6bO/ of the City Council of the City of
Chula Vista declaring intention to order the installation of
certa in improvements in a proposed assessment di stri ct;
declaring the work to be of more than local or ordinary
benefit; describing the district to be assessed to pay the
costs and expenses thereof; and providing for the issuance of
bonds for Assessment District No. 90-2 (Otay Valley Road)
Resolution IlobOl. of the City Council of the City of
Chula Vista passing on the "report" of the Engineer, giving
pre 1 imi nary approval, and sett i ng a time and pl ace for the
public hearing in Assessment District No. 90-2 (Otay Valley
Road) ~
Director of Publ ic Works I'ffAr
Director of Community Development'
c)
d)
City Manager!!
'/
(4/Sths Vote: Yes___No-X-)
Council Referral #1897
Today's actions will certify the Final EIR and also represent an initial step
in the assessment district proceedings for the proposed improvement of Otay
Valley Road from 1-805 to the easterly City boundary. One of the actions is
to set the public hearing on the assessment district for May 26, 1992 at which
time public testimony will be taken on the proposed assessment district.
RECOMMENDATIONS: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Otay Valley Road Project Area
Committee has reviewed and discussed progress on the road on a regular basis
since early 1990. Previous actions have included review and recommendation on
the median configuration plan and a recommendation for interim stop signs at
1-805 and Otay Valley Road. The Committee also hosted property owners
meetings to discuss the assessment district on July 11, 1991. The minutes
from the July 11, 1991, January 13, 1992 and February 24, 1992 meet i ngs (the
last meetings including a discussion of the roadway) are attached as exhibits
A, Band C.
~[-I
Page 2, Item
Meeting Date 4/21/92
The Resource Conservat i on Commi ss i on revi ewed the Draft EIR on October 23,
1989, and recommended that the Planning Commission find the Draft EIR
adequate. The minutes are attached as exhibit C-l.
The Planning Commission reviewed and conducted a public hearing on the Draft
EIR on November 8, 1989, and continued the publ ic hearing to January 24,
1990. The Planning Commission reviewed the Final EIR and certified on
September 25, 1991 that the Final EIR had been prepared in compliance with the
CEQA Guidelines and the environmental review procedures of the City of Chula
Vista. Planning Commission minutes from November 8, 1989, January 24, 1990
and January 25, 1991 are included as exhibits D, E and E-l.
DISCUSSION:
The Otay Valley Road wi deni ng project fi na 1 envi ronmenta 1 impact report was
completed in August, 1991 following public review of the document and
preparat i on of responses to comments. The Planni ng Commi ss i on subsequently
certified that the FEIR was prepared in accordance with CEQA requirements.
The FEIR identified potentially significant impacts, all of which could be
avoided or reduced to a 1 eve 1 be low s i gnifi cant impacts wi th the
impl ementat i on of mit i gat i on measures. There was a change in the Project
Descri pt i on, whi ch is the subject of the addendum, whi ch cl ari fi ed that the
implementing mechanism of the project is an Assessment District. This minor
change does not change the impact analysis or conclusions of the FEIR.
The proposed assessment district improvement of Otay Valley Road will ,be
accompl i shed in two phases. Phase I cons i sts of wi deni ng the exi st i ng two
lanes to six lanes with a median and curb, gutter and sidewalk on both sides
from I-80S to Nirvana Avenue. Phase II consists of widening the existing two
lanes to four lanes, with a median barrier and graded shoulders, from Nirvana
Avenue to the City/County boundary. The proposed improvements for Phases I
and II are in conformance wi th the Ci rcul at i on El ement of the City's adopted
General Plan.
The total estimated cost of the project is $13,841,700, including all
incidental and bond related expenses. Of this amount, it is recommended that
the City contribute $3,435,467 to fund, at a minimum, the cost of two of the
six 1 anes in the Phase I port i on of the project. The funds woul d come from
the scheduled Otay Valley Road capital improvement project, the Traffic Signal
Fund, and a state grant of SB 300 funds and SDG&E 20A allocation. The grant
is a reimbursement grant, which would require that the City advance the funds
at this time and be reimbursed when construction has been completed. The City
contribution would reduce the amount to be assessed to the district to
$10,406,242, which translates to approximately $0.61 per square foot or
approximately $26,500 per acre of parcel area. In comparison, other areas in
the eastern part of the City are paying assessments or fees of approximately
$1.40 per square foot for construction of similar, major roadways.
~I -1.
Page 3, Item
Meeting Date 4/21/92
The area proposed to be assessed for the Otay Vall ey Road improvements is
shown on the attached amended Boundary Map (exhibit G). Council on July 23,
1991 by Resolution 16275 approved the original Boundary Map. Staff recommends
that an amended Boundary Map be approved which in effect removes parcels which
would have had a $0 assessment from the district boundaries. Certain parcels
were to have a $0 assessment due to development constraints.
One of the parcels within the district, owned by United Enterprises, Inc. and
occupied by the Nelson-Sloan Company rock quarry, is located outside the city
limits. For this reason, and because a portion of the road improvements at
the easterly end of the project is also outs i de the city 1 imits, it was
requested that the County Board of Supervisors grant consent and jurisdiction
to the City to assess the 1 and and construct the external port i on of the
road. Consent and jurisdiction was granted by the County on March 17, 1992.
On March 3, 1992, the Council adopted a resolution call ing for construction
bids on the Phase I portion of the improvements. Those bids were opened on
April 8, 1992 and the Preliminary Engineer's Report incorporates the low
bidder's bid. The notice of the public hearing, which will be mailed to all
owners of property in the proposed di stri ct wi thi n the next two weeks, wi 11
i ncl ude thei r proposed assessments based on the current est i mated cost of
Phases I & II. It is anticipated that Phase II will be bid and start
construction approximately eight months after the start of construction of
Phase I.
The Engineer's Report was prepared by Willdan Associates, the assessment
engineer, and outlines the spread methodology used to determine each parcel's
assessment. Wi 11 dan Associ ates based the spread on an average da ily traffi c
(ADT) basis using 200 trips/acre for industrial land. All the land within the
di stri ct boundari es is based on the 200 ADT except for the County 1 andfi 11
parcel and the Nelson-Sloan parcel. These are based on actual counts because
neither of these propert i es fit the i ndustri a 1 class ifi cat i on. The County
parcel will not be assessed through the district, however, City staff will be
enteri ng negot i at ions with the County to request a cash contri but i on to the
district.
Additionally, several properties have been identified as having impediments to
development because of wetland, floodway and steep slope constraints. As a
result, several of these properties have been removed from the district
boundari es and other pro pert i es are proposed to be assessed on a "reduced"
acreage basis.
Approval of the resolutions will generally accomplish the following:
1. The RESOLUTION CERTIFYING THE FINAL EIR is the action whereby the City
Council certifies that the FEIR has been prepared in accordance with CEQA
requirements.
2. The RESOLUTION ADOPTING AMENDED BOUNDARY MAP is the formal action
approving amended boundaries of the Assessment District.
'3 \ - 3
Page 4, Itl!lll
Meeting Date 4/21/92
3. The RESOLUTION DECLARING INTENTION is the jurisdictional resolution under
the "1913 Act" proceedings, declaring to finance improvements through the
issuance of bonds and decl ari ng that the improvements are a benefit to
the propert i es in the di stri ct. Thi s resol ut i on also di rects that the
Assessment Engineer, Willdan Associates, prepare a report on the plans,
specifications, cost estimate, assessment spread of the assessable costs
and a descri pt i on of the improvements. Further, it provides for the
issuance of bonds on the project.
4. The RESOLUTION PASSING ON THE "REPORT" AND SETTING THE PUBLIC HEARING is
the prel imi nary approval of the Engi neer' s "Report" as requi red in the
previous resolution and sets May 26, 1992 at 6:00 o'clock p.m. for the
public hearing.
All owners of property within the proposed assessment district were notified
of two meetings held last July and January. Staff informed the owners at that
time that the estimated assessment would be $.73 per square foot compared to
the $.61 per square foot being proposed tonight. This reduction is due mostly
to the bids for Phase I coming in below the estimated cost of construction and
the addition of a contribution of SB 300 funds.
All owners of property withi n the assessment di stri ct, and all interested
parties, were notified of tonight's meeting. These people will also be mailed
a notice of the publ ic hearing and will be given an opportunity at that
hearing to address the Council relative to the proposed district.
On April 28, 1992, staff will recommend placing a new ordinance on its first
reading. The intent of the ordinance will be to enable the City to establish
a fee recovery district for improvements constructed in conjunction with an
assessment district. Staff is proposing this in response to concerns of
several property owners, withi n the proposed Assessment Di stri ct No. 90-2,
that future development or approvals would create a greater benefit than that
reflected in their assessment. By establishing a fee recovery district,
properties would be required to pay additional fees if these properties
recei ve a greater benefi t or develop to a greater extent than an i ndustri a 1
1 and use. For example, if the auto park is approved or the wetl and areas
develop, fees would be collected in conjunction with the approval process and
used to reduce the annual installment of all those in the assessment
district. This is accomplished by calling bonds.
FISCAL IMPACT: The estimated total cost of the Otay Valley Road project
(Phases I & II) is $13,841,700. It is proposed that the City and RDA
contribute $3,435,467 of this total, leaving $10,406,242 to be assessed to the
district. The contribution will come from the following sources:
::::'1-4
Page 5, Itl!lll
Meeting Date 4/21/92
RDA 996 9960 ST-123
RDA TF 220
TSF TF 220
SEWER FUND 222
SDG&E 20A
$1,765,167(1)
89,300
100,000
1,161,000(2)
320.000<3>
$3,435,467
(1) Some funds may be recovered if the County participates.
(2) This is a loan to the district to be reimbursed by 5B 300
funds upon completion of construction.
(3) Estimated cost of SOG&E work equals estimated allocation of
20A funds available for project from SDG&E.
In addition to the above contributions, the City will loan $761,273 from fund
996 9960 ST123 (RDA) to cover the Series B bonds. The Series B bonds are to
cover the Rio Otay Subdivision. An environmental concern has not been
resolved and no development is allowed at present time until there is an
evaluation of the environmental issue. It is proposed that there be a
separate bond issue of approximately $761,000 for the Rio Otay Subdivision.
These bonds would be issued when the site is cleared of the environmental
concerns. This money may be recovered if these bonds are issued.
Exhibit schedule:
A) Minutes of 2-24-92 meeting - Project Area Committee
B) Minutes of 1-13-92 meeting - Project Area Committee
C) Minutes of 7-11-92 meeting - Project Area Committee
C-l) Minutes of 10-23-89 meeting - Resource Conservation
D) Minutes of 9-25-91 meeting - Planning Commission
E) Minutes of 11-8-89 meeting - Planning Commission
E-l) Minutes of 1-24-90 meeting - Planning Commission
F) Council Agenda Statement of 7-23-91
G) Reduced copy of amended boundary map j
H) Board of supervisors resolution dated 3-17-92
I) Order of procedure ,JOT
J) Notice to property owners
K) list of property owners notified
L) Resolutions (4)
M) Preliminary Engineer's Report~ D
N) Environmental Impact Report --.J ,JOT s(!AtJ,.J ~
Commission
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DDS/AY08l
WPC 5920E
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WORLEY, SCHWARTZ, GARFIELD & RICE
A PARTNERSHIP INCL.UDING A PROF"ESSIONAI. CORPORATION
DONALD R. WORL.EY.
WILL.IAM .... SCHWARTZ, .JR,
TIMOTHY K. GARFIELD
ROSERT C. RICE
CHARL.ES V. SERWANGER
.JENNIF"ER TREESE WIL.SON
..JAMES P. O'NEIL
PATRICIA KENT
..JOSEPH A. SOLOMON
SUSAN BADE HUL.L.
ATTO~NEYS AT LAW
RECEIVED
1150 F"I~ST INTERSTATE PLAZA
401 "B" STREET
SAN DIEGO, CALIF"ORNIA 92101-4245
TELEPHONE: {SI9} 239-0615
TEL.EFAX: (519) 239-6.954
"92 APR 20 P.1:13
cn YO.:
CITY CL~
\ ,4
,L~
FIL.E NO.
"A P~OF'E5510NAI. CO~PO~AnON
April 20, 1992
HAND DELIVERED
Honorable Mayor and City Council
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: otay Valley Road Assessment District No. 90-2
Honorable Mayor and Council:
We are submitting the following on behalf of our clients,
Charles Siroonian and Charles Pratty, owners of property in the
City of Chula vista, which property is included within the proposed
otay Valley Road Assessment District No. 90-2. This letter is
presented for consideration by the city Council as a part of all
matters proposed to be acted upon by the Council on April 21, 1992,
related to this Assessment District proceeding. These include, but
are not limited to, the environmental documents and other reports
and studies prepared as a part of the proceeding or the
implementation of its underlying projects.
First, we note that the city is taking the position that the
several matters before your Council o~_~pr;l 7.1 ~re not within the
f:t;]!mewor~..-a.publ..i.c.he<:lring, aTld that the Council, thererore; is-
not scheduled to take public testimony. The meeting notice
indicates that the public hearing required under the 1913 Act
provisions is tentatively scheduled for May 26, 1992. We are,
nevertheless, requesting that the city Council allow us to present
orally on April 21 our objections to the proceedings and to the
findings and conclusions in the Environmental Impact Report (EIR) ,
which is to be presented on that date for certification by your
Council.
EIR DISCUSSION
As to the proposed certification of the EIR, we believe that
your Council should delay any action on that document pending the
results of the public hearing now tentatively scheduled for May 26.
The EIR covers the actual physical activity which will take place
if the project actually commences. It seems to us inappropriate
~--,
" / -
/
,~
/
Hon. Mayor and city Council
City of Chula vista
April 20, 1992
Page 2
and a violation of the purpose and intent of the California
Environmental Quality Act (CEQA) for final action to be taken on
the EIR during a proceeding at which no pUblic testimony is
permi tted. The very means under which the proj ect would be
undertaken are to be fully analyzed just one month later at a
public hearing. The EIR should not be certified prior to the
debate at that public hearing. Rather the entire project as a
whole, from financing mechanisms to construction impacts, should be
analyzed and debated at one time in a forum which accommodates
maximum public input.
We also note that a considerable period of time--in excess of
two years--has passed since the Draft EIR for this project
completed its public review. During that time, considerable public
controversy has arisen about the project's proposed method of
securing funds for implementation. Only a few public comments were
received during the public review period. city Council should
direct the City staff to conduct a study to determine whether all
environmental matters including the environmental setting and the
potential impacts have been brought up to date and whether the EIR
now presented for certification reflects accurately the impacts
which the project would have.
within the EIR, references are made in the "project
description" to project aspects expected to be completed in 1990.
The document relies on studies conducted years ago, and there is no
indication that these have been updated. For example, the
geotechnical feasibility and the biological resource studies were
completed in 1988, now 4 years from the date the Council is asked
to certify the EIR. The references to the status of the California
gnatcatcher and the project's potential impacts on that species are
clearly outdated in view of current circumstances. The traffic
studies appear to have been conducted in 1987, with some updating
in 1989. There is no indication that the traffic counts remain
accurate today. Exacerbating all of this is the particular concern
that the city would propose certification of this EIR, nearly 2 1/2
years after the completion of public review, without the public's
having full opportunity to provide timely input to your Council.
Other points of concern are that the "Introduction" to the
Final EIR notes that the project will require the securing of a
section 404 Permit from the Army Corps of Engineers because of the
dredging and filling in the otay River which will occur as a part
of the construction. We were unable to find that a section 404
Permit is considered to be a mitigation measure of the project, or
that the federally-mandated process is given any further
consideration at all.
-, / / Y
Hon. Mayor and City Council
city of Chula vista
April 20, 1992
Page 3
The discussion of project alternatives is very limited,
containing only a "no project" alternative and two other
alternatives, which are merely minor variations of the basic
project. There is no discussion of the reduced environmental
impacts which would seem to be probable if the road were limited to
four lanes for its entire reach. From the point of view of real
project need, this seems to be a mandatory alternative. Further,
there appears to be no analysis of other locations for providing
road access to the area. Although the City may not wish to
consider the possibility of other road locations, there may be more
environmentally sensitive ways to complete a properly scaled
project. These must be considered under CEQA.
We also assert that the discussion of growth inducing impacts
is inadequate and far too parochial, given the regional nature of
the proposed improvements. certainly, a more detailed analysis of
these impacts must be undertaken before the EIR could be said to
adequately address growth inducement.
We also must point out that the EIR appears to contain no
analysis of cumulative impacts as mandated by CEQA. The absence of
such analysis is a critical flaw under state law, and we must
assert that the City may not certify the EIR without the existence
of a well-reasoned analysis of this point, particularly with a
project which will have such far-reaching, regional impacts. One
such impact of serious concern to our clients, and possibly to
other property owners as well, is the continuing viability of their
existing businesses if they ultimately are required to pay a
minimum of $25,000 per year in assessments for the road
improvement. The potential that businesses would be changed or
even driven from their existing locations because of the costly
assessments has not been taken into account. The failure of the
EIR to consider this point further calls into question its validity
in projecting future traffic impacts and cumulative impacts.
In summary we believe that the EIR is not complete, and,
therefore, that it is not in compliance with CEQA. Further, we
believe that the information in the document is based upon studies
which are at least two years old, and, therefore, that their
reliability is suspect. We would urge that before the City
undertakes any proceeding to provide the funding mechanism for this
project, it should republish this document for some fresh public
review and update the studies and analysis contained in the EIR.
The current age of the document casts doubt on the entire analysis,
the significance of the impacts and the validity and the efficacy
of the mitigation measures which are proposed.
-, j- (l
!
Hon. Mayor and city council
City of Chula vista
April 20, 1992
Page 4
ASSESSMENT DISTRICT ISSUES
The issues relating to the assessment proceeding are
themselves not complicated. Based on our analysis of all of the
documents prepared by the city and published to date, it is clear
that the proposal violates the mandates of state law, in that it
does not bestow benefits on the properties assessed which are
proportional to the amount of assessment imposed. The concept of
a fair and equitable assessment is at the very root of 1913 Act
proceedings, which the City proposes to use here.
Specifically, it is our clients' contentions that the city in
this case is proposing to assess them and their neighbors for the
construction of improvements that far exceed the needs which they
have. The amount of assessment either should be reduced to reflect
accurately the benefits which they will receive, or if the City
wishes to proceed with a project which it believes will have
regional benefits, then it should take a more regional approach to
the properties which are included and ensure that all benefitted
properties, both present and future, are included.
As a follow-up to our letter of March 31, 1992 to the City
Council, we must again note that the city after significant
processing delays seems now to be rushing forward at the most
critical discretionary portion to commence and complete these
proceedings in the shortest possible time. The bidding to which we
referred in our March 31, 1992, letter has, according to the staff
report, been completed. Indeed, the low bid is set out in the
Engineer's Report, which also is before your council; again prior
to the actual formal commencement of proceedings.
Based on all of the above, we urge the City Council to hold
further action in abeyance on this proceeding while the EIR is
given a thoughtful updating and while thoughtful consideration is
given to the concerns expressed by our clients and a significant
percentage of the impacted property owners who will bear the brunt
of this assessment if it is completed.
Respectfully submitted,
WORLEY,
& RICE
WILL
WJS:mam
cc: Mr. Charles pratty
Mr. Joe Botkin
city Manager, City of Chula vista
city Attorney, City of Chula vista__3 /- / ()
d:\siroon.ian\mayor2.ltr
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
ASSESSMENT DISTRICT NO. 90-2
(OTAY ~ ROAD)
\ic>~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
BEVERLY A. AUTHELET, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now,
and acting CITY CLERK
accomplished the notice
District, as noted:
and at all times mentioned herein was, the duly qualified
of the CITY OF CHULA VISTA, CALIFORNIA, and as such,
requirements in connection with the referenced Assessment
PUBLICATION
(STAR NEWS)
The NOTICE TO CONTRACTORS was published once a week
publications being accomplished on the l-\-~' day of
the \1)'~ h day of '''''''C~vC ~____ ,1992.
for two successive weeks; said
\'--\,?'-v,J-^' ,1992, and on
EXECUTJ;;D this c~\:~
day of
\~\\ C
\>,~_, \, /l'-
, 1992, at Chula Vista, California.
..~ '\ . (,' i (" '-t
_.)\:(x_,-- ".._.__"~~-1(-~.___'
CITY CLERK ~
CITY OF CHULA VISTA .~
STATE OF CALIFORNIA
,~~,
, . \
PRELIMINARY ENGINEER'S REPORT
~ ~
--
----
CITY OF
CHULA VISTA
ASSESSMENT
DISTRICT NO. 90-2
"CONSTRUCTION"
OTAY VALLEY ROAD
PHASES I AND II
\K7 WILLDAN ASSOCIATES
,-, J f;
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Exf//EIT M
PRELIMINARY ENGINEER'S REPORT
ASSESSMENT DISTRICT No. 90-2
OTAY VALLEY ROAD PHASES I & II
CiTY OF CHULA VISTA
Tim Nader
Mayor
City Council Members
David L. Malcolm
Jerry R. Rindone
City Staff
John P. Lippitt
Cliff Swanson
Chris Salomone
Leonard M. Moore
Shirley Grasser-Horton
Director of Public Works
City Engineer
Director of Community Development
Professional Services
Willdan Associates
Municipal Finance Administration
Brown, Diven, & Hentschke
Kadie-Jensen, Johnson & Bodnar
Assessment Engineer
Project Management
Bond Counsel
Financial Consultant
Preliminary approval by the City Council of the City of Chula Vista on the
day of , 1992.
City Clerk, City of Chula Vista
Final approval and confirmation by the City Council of the City of Chula Vista on the
day of , 1992.
JS5IJEROME\36231,XlApri/15, 1992
City Clerk, City of Chula Vista
-~: / - /;2
PRELIMINARY ENGINEER'S REPORT
ASSESSMENT DISTRICT No. 90-2
OTAY VALLEY ROAD PHASES I & II
TABLE OF CONTENTS
Section
Page
A
Order of Procedure and Schedule of Events
1
B General Information ........................................ 2
C Resolution of Intention ...................................... 3
D
Engineer's Report
4
Part I
Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Part II
Estimate of Cost
7
Part III
Assessment Roll ....................................... 18
(a) Submittal ........................................ 18
(b) Assessments Per APN ............................... 21
(c) Certificates....................................... 36
(d) Method and Formula of Assessment Spread. . . . . . . . . . . . . .. 37
Part IV
Assessment Diagram .................................... 47
Part V
Description of Work .................................... 50
Part VI
Right-of-Way Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
~). ) '/
5/- )
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P",liminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
SECTION A
ORDER OF PROCEDURE AND SCHEDULE OF EVENTS
Event
Date
1.
Adopt Boundary Map
July 23, 1991
2. Adopt Amended Boundary Map. . . . . . . . . . . . . . . . . . . . . .. April 21, 1992
3. Resolution of Intention ............................. April 21, 1992
4. Approval of Preliminary Engineer's Report . . . . . . . . . . . . . .. April 21, 1992
5. Public Hearing - Confirmation of Assessments
Start of 3D-day Cash Collection Period ................... May 26, 1992
6. Award of Construction Contract . . . . . . . . . . . . . . . . . . . . . . . . June 23, 1992
7. Sell Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. July 14, 1992
8. Start Construction, Phase I . . . . . . . . . . . . . . . . . . . . . . . . . . .. July 20, 1992
9. Start Construction, Phase II . . . . . . . . . . . . . . . . . . . . . . . .. January 1, 1993
10. Complete Construction, Phase I . . . . . . . . . . . . . . . . . . . . . . .. April 1, 1993
11. Complete Construction, Phase II ........................ July 1, 1993
Preliminary Engineer~ Report
Assessment District 90-2
Geay Valley Road Widening
1 }/-/II
SECTION B
GENERAL INFORMATION
Assessment District No. 90-2 is proposed for the purpose of constructing certain public
improvements under the Municipal Improvement Act of 1913 and the Special
Assessment Investigation, Limitation, and Majority Protest Act of 1931. The general
administration of this District will be undertaken by the City of Chula Vista and all
official actions will be made by the City Council.
The City Council first adopts a resolution indicating their intention to form a special
Assessment District and calling for a Preliminary Engineer's Report.
In the Preliminary Engineer's Report, the cost of the construction of these improve-
ments and incidentals is assessed and spread proportionally over every parcel of land
within the District that has benefitted from the improvement. The method of the
assessment spread is in proportion to the level of benefit received.
Following the adoption of the Resolution of Intention and the Preliminary Engineer's
Report, the owners are notified by mail of their estimated assessments and the date
of the public hearing, where the assessments will be confirmed.
Prior to the public hearing, bids are opened from qualified contractors for the
construction of public improvements. After the bids have been carefully analyzed by
the Director of Public Works, a recommendation is usually made to the City Council
for award to the lowest responsible bidder.
After the assessments are confirmed at the public hearing, a final assessment notice
is mailed to each property owner indicating the confirmed assessment based upon the
final construction cost for which bids were received. The property owner then has
thirty (30) days in which to pay all or any portion of this assessment without interest
or penalty. Each property owner has the option of paying their assessment in cash, or
by paying in installments through the issuance of assessment bonds. If the property
owner elects not to pay the assessment within the 30 day cash collection period,
assessment bonds, in the amount of the unpaid assessment, will be sold to cover the
cost of the project and shall be repaid by the participating properties during the life
of the bonds.
Additional information may be obtained by contacting the office of the Public Works
Director, John P. Lippitt.
Preliminary Engineer's Report
Assessment District 90-2
O/oy Valley Road Widening
2
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SECTION C
RESOLUTION OF INTENTION
(to be provided by Bond Counsel)
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
3
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SECTION D
ENGINEER'S REPORT
Pursuant to the provisions of Part 7.5 of the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931, being Division 4 of the Streets and Highways Code
of the State of California and the Municipal Improvement Act of 1913, being Division
12 Section 10204 of said code, and in accordance with the Resolution of Intention No.
, adopted by the City Council of the
CITY OF CHULA VISTA
(hereinafter referred to as the "CITY"), in connection with the proceedings for
AsSESSMENT DISTRICT No. 90-2
(OTAY VALLEY ROAD PHASES I & II)
(hereinafter referred to as the 'f\ssessment District"), I, John P. Lippitt submit
herewith the Report for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the proposed improvements are filed herewith and made
a part hereof. Said plans and specifications are on file in the Office of the Director
of Public Works.
PART II
The estimated cost of the proposed improvements, including incidental costs and
expenses in connection therewith, is set forth on the lists thereof, attached hereto, and
are on file in the Office of the City Clerk.
PART III
This part shall consist of the following:
A. A proposed assessment of the total amount of the costs and expenses of the
proposed improvements upon the several subdivisions of land within the assess-
ment district, in proportion to the estimated benefits to be received by such
subdivisions, from said improvements, is set forth upon the assessment roll filed
herewith and made a part hereof.
4
Preliminary Engineer's Report
Assessmelll District 90-2
Otay Valley Road Widellillg
)7
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B. The total amount, as near as may be determined, of the total principal sum of
all unpaid special assessments and special assessments required or proposed to
be levied under any completed or pending assessment proceedings, other than
that contemplated for the Assessment District, which would require an
investigation and report under the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 against the total area proposed to be assessed.
C. The total true value, as near as may be determined, of the parcels of land and
improvements which are proposed to be assessed.
PART IV
A Diagram showing the assessment district and the boundaries of the subdivision of
land within said assessment district, as the same existed at the time of the passage of
the Resolution of Intention is filed herewith and made a part hereof.
PART V
Description of the work for the improvements is filed herewith and made a part
hereof. Description of all rights-of-way, easements and lands to be acquired, if
necessary, is set forth on the lists thereof and are on file in the Office of the City
Clerk.
PART VI
The Assessment Engineer's Certificate stating that the right-of-way associated with the
improvements to be acquired by the City will be transferred to the City by easement
or other means.
This Preliminary Report dated this _ day of
,1992.
John P. Lippitt, Director of Public Works
City of Chula Vista
This Final Report dated this _ day of
,1992.
John P. Lippitt, Director of Public Works
City of Chula Vista
Preliminary Engineer's Report
Assessment District 90-2
Dtay Valley Road Widening
5 '1)-/,<;(
PART I
PLANS AND SPECIFICATIONS
Plans and specifications for the improvements to be constructed are referenced herein
and incorporated as if attached and a part of this report. Said plans and specifications
shall be on file in the offices of the City Clerk and the Director of Public Works.
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
6
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Part II
ESTIMATE OF COST
PRELIMINARY CONFIRMED
A. CONSTRUCTION COST
PHASE I $ 6,897,138 $
PHASE II 2,934,121
SUBTOTAL 9,831,259
B. INCIDENTALS 4,173,548
TOTAL CONSTRUCTION AND INCIDENTALS 14,004,807
C. LESS CONTRIBUTIONS (3,435,467)
D. LESS CREDITS (163,099)
TOTAL TO ASSESSMENT $ 10,406,242
Preliminary Enginee'~ Report
Assessment District 90-2
Dray Valley Road Widening
7
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/ .-c/
OTAY VALLEY ROAD. PHASE I, 1-805 TO NIRVA~A
Unit Price Per
No. Bid Item Quantity Type Unit Total
1 Mobilization 1 LS 180,OOOJJO 180,000.00
2 Traffic Control 1 LS 20,000,00 20,000.00
3 Removal & Disposal of Existing 1 LS 238,000,00 238,000,00
Improvements
4 Alluvial Removal 138,000 CY 2,00 276,000,00
5 Excavation & Grading 90,000 CY 5,00 450,000.00
6 AC Paving 23,000 Tons 25.00 575,000,00
7 6" AC Berm 340 LF 5.00 1,700.00
8 Aggregate Base 27,600 Tons 8.00 220,800,00
9 Subbase 33,150 Tons 4,00 132,600.00
10 4" p,c.c. Sidewalk & Slab Work 49,500 SF 2,00 99,000.00
11 Type A Pedestrian Ramp 8 Ea. 160,00 1,280,00
12 Type B Pedestrian Ramp 6 Ea, 160.00 960,00
13 6" PCC D/W 3,100 SF 2.50 7,750,00
14 6" X-Gutter & Segments 2,450 SF 3.00 7,350.00
15 6" Type "G" Curb & Gutter 8,850 LF 6,00 53,100.00
16 6" PCC Type B-1 Curb 9,845 LF 5.00 49,225.00
17 6" PCC Type B-2 Curb 41 LF 15.00 615.00
18 4" PCC Exposed Concrete Slab 31,525 SF 3.00 94,575.00
Work
19 Decorative Interlocking 400 SF 17.00 6,800.00
20 12" PCC Curb Behind S/W 200 LF 15.00 3,000.00
21 Saw cutting 650 LF 1.00 650,00
22 18" RCP Pipe 386 LF 40.00 15,440.00
23 30" RCP Pipe 124 LF 45,00 5,580.00
24 42" RCP Pipe 160 LF 65,00 10.400.00
25 48" RCP Pipe 425 LF 80.00 34,000,00
26 Pipe Plug 1 Ea, 385.00 385.00
27 Type "B-2" C I 1.=7' 2 Ea. 2,200,00 4,400.00
28 Type "B-2" C 11.=9' 1 Ea, 2,4OOm 2,400.00
29 Type "B-1" C I 1.= 11' 1 Ea, 2,600,00 2,600.00
30 Type "B" C I 1 Ea, 2,000.00 2,000,00
31 Const. Lower Section Type B-1 1 Ea, 1,800,00 1,800.00
Inlet
Preliminary Engineers Report
Assessment District 90-2
Oray Valley Road Widening
8
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OTAY VALLEY ROAD, PHASE I, I-80S TO NIRVANA
Unit Price Per
No. Bid Item Quantity Type Unit Total
32 Canst. Lower Seclion Type B-2 1 Ea. 1,800JlO 1,800,00
Inlet
33 Type ')\-5" Co. I Ea, 1,700.00 1,700.00
34 Canst. Top of A-4 Co, 4 Ea. 1,500.00 6,000.00
35 Catch Basin Plug 1 Ea. 750.00 750.00
36 Pipe Collar 2 Ea. 1,100,00 2,2(nOO
37 Headwall STA 33=06,5:1: 1 LS 5,500,00 5,500.00
38 Type A DhL Headwall STA 1 LS 7,300,00 7,300.00
74+0.27 +
39 Cone. Energy Oissipator STA 1 LS 12,800m 12,800.00
65+0tO:t
40 Cone. Energy Oissipator STA 1 LS 3,450,00 3,450,00
62+65.0:t
41 Type 1 Rip-Rap w / Ener Oissi- 1 LS 1,500.00 1,500.00
pator STA 35+06+
42 Type 1 Rip-Rap w / Ener Oissi- 1 LS 4,250,00 4,250,00
pator STA 71 + 82 +
43 Type 1 Rip-Rap w / Ener Oissi. 1 LS 4,250.00 4,250.00
pator STA 74+09:t
44 Shoring 1 LS 1.00 tOO
45 6' High Chain Link Fencing 6,000 LF 10.00 60,000.00
46 Relocate of Ex. Chain Link 785 LF 10.00 7,850.00
Fencing & Gate
47 Masonry Sound Wall 6,700 SF 10.00 67,000.00
48 Redwood Gate 11 Ea. 420,00 4,620,00
49 Modified Redwood Gate 1 Ea. 410.00 410.00
50 Silt Stop 1,881 LF 7.00 13,167.00
51 Adjust AC Manhole 21 Ea. 410.00 8,610.00
52 12" ACP Water Main 2,205 LF 23,00 50,715,00
53 12" X 12" Wet Tap 2 Ea, 2,700,00 5,400.00
54 12" X 12" Tap Saddle 1 Ea. 4,700.00 4.700.00
55 12" RSGV 11 Ea. 1,200,00 13,200.00
56 18" X 12" Spool 10 Ea. 660.00 6,600.00
57 Thrust Block 6 Ea. 270.00 1,620.00
58 12" X 12" x 12" Tee 1 Ea. 1,700.00 1,700.00
Preliminary Engineers Report
Assessment District 9()"2
Otay Valley Road Widening
9
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S. ,_,
OTAY VALLEY ROAD, PHASE I, 1-805 TO NIRVASA
Unit Price Per
No. Bid Item Quantity Type Unit Total
59 Blind Flange 12" 1 Ea, 31OJ10 310.00
60 1" AVRV Off 12" Main 2 Ea. 1,450.00 2,900,00
61 12" X 12" Cross 2 Ea. 1,550,00 3,100.00
62 12" 90 Deg. Bend 1 Ea. 510m 510.00
63 Relocate EX 2" BO 2 Ea, 1,220.00 2,440m
64 Abandon PRY Vault 1 LS 5,100,00 5,100,00
65 Install New PRY Vault 1 LS 28,500,00 28,500,00
66 Furnish and Install Controller 1 Ea. 5,OOOm 5,000.00
67 Furnish and Install Meter Ped- 1 Ea, 2,850.00 2,850.00
estal
68 Type A-I Signal Standard 2 Ea. 410.00 820.00
69 Type 29-5-70 Signal 1 Ea. 4,300,00 4,300.00
70 Type 26-5-70 Signal 1 Ea, 3,700,00 3,700.00
71 Type 19-3-70 Signal 1 Ea. 3,300.00 3,300,00
72 #5 PB 9 Ea. 110.00 990.00
73 3- Lens Vehicle Indicators w /12" 12 Ea. 410.00 4,920.00
74 Ped Indication 4 Ea, 460.00 1,840.00
75 Wire Intersection 1 LS 3,600.00 3,600.00
76 Furnish and Install 650 LF Con- 650 LF 13.00 8,450.00
duit
77 250 Watt Safety Light 3 Ea, 360,00 1,080.00
78 Type "D" Detector 6 Ea, 310.00 1,860.00
79 Type "B" Detector Loop 28 Ea. 260.00 7,280.00
80 Illuminated Street Name Sign 3 Ea. 460,00 1,380.00
81 Water Tight Telephone Terminal 1 Ea, 1,300.00 1,300.00
82 R73-5 and R96 Signs 1 LS 300.00 300.00
83 27' Street Light w / 250 watt 20 Ea. 1,225,00 24,500.00
84 Relocate Ex. Street Light 1 Ea, 610.00 610.00
85 Type 29-5-70 Signal STA 10 Ea. 3,650.00 36,500.00
86 Type 24-4-70 Signal STA 1 Ea. 3,050.00 3,050.00
87 #6 PB 24 Ea, 140.00 3,360.00
88 #5 PB 28 Ea. 110.00 3,080.00
89 #3% PB 43 Ea. 75.00 3,225,00
90 Sched 80 PVC Co 6,000 LF 250 15,000.00
Preliminary Engineer's Report
Assessmellt District 90-2
Otay Valley Road Widening
10
3) -,-))
OTAY VALLEY ROAD, PHASE I, 1-805 TO NIRVA~A
Unit Price Per
No. Bid Item Quantity Type Unit Total
91 Sched 40 PYC Co 7,500 LF 3.00 22,500.00
92 Install Conductor 1 LS 12,500.00 12,500.00
93 SDG&E-20b 1 LS 130,00.00 130,000.00
94 PAC Bell 1 LS 47,000.00 47,000.00
95 Connection of Ex. Water 17 Ea, 4mOO 6,970.00
96 Survey Monuments 2 Ea, 300m 600.00
97 Construction Survey 1 LS 57,000.00 57,000.00
98 Adjustment of Utility Covers 1 LS 6,800.00 6,800.00
99 Erosion Control 1 LS 30,000.00 30,000.00
100 Planting 1 LS 180,000.00 180,000.00
101 Maintenance 12 month 1,500.00 18,000.00
102 Irrigation System 1 LS 220,000,00 220,000.00
103 Protection & Rest of Ex. Im- 1 LS 31,000.00 31,000.00
provements
104 Improvements at East End of 1 LS 80,000.00 80,000.00
Projects
105 Sewer Lateral at Animal Shelter 1 LS 6,100.00 6,100.00
106 Sewer Pump Station 1 LS 12,200.00 12,200.00
107 Relocation of Animal Shelter 1 LS 200,000.00 200,000.00
108 Improvement Cost of Wetland 1 LS 180,000.00 180,000.00
Mitigation
109 Settlement Monuments 1 LS 3,600.00 3,600.00
110 Striping and Signage 1 LS 41,000.00 41,000.00
111 Import 30,000 CY 1.50 45,000.00
112 4 Inch Backdrains 1,000 LF 7.50 7,500.00
113 Geofabric for Fill & Alluvium 1,000 SY 2.00 2,000.00
Areas
Subtotal Bid 4,319,428.00
20B Payment 512,226.00
20A Cost 320,000.00
Traffic Signal at 1-805 289,3OOJlO
Animal Shelter (#107) to Inci- (200,000.00)
dentals
11
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
\) _.~ J
OTAY VALLEY ROAD, PHASE I, 1-805 TO NIRVANA
Unit Price Per
No. Bid Item Quantity Type Unit Total
Wetland Mitigation (#108) to (180,000.00)
Incidentals
Subtotal 5,060,954,00
Contingency @ 10% 553,165.40
Right-of-Way (with 20% contin- 1.119,920,00
gency)
Credits on Existing Improve- 163,099,00
ments
Total Phase I 6,897,138.40
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
12
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OTAY VALLEY ROAD, PHASE II, NIRYASA TO EAST PROJECT LIMIT
Unit Price Per
No. Bid Item Quantities Type Unit Total
1 Mobilization 1.00 LS 20,OO(tOO 20,000.00
2 Traffic Control 1.00 LS 200,000,00 200,000,00
3 Removal & Disposal of Existing 1.00 LS 60,000.00 60,000,00
Improvements
4 Alluvium Removal 67,132,00 CY 2.00 134,264,00
5 Excavation & Grading 9,675.00 CY 130 12,577.50
6 Import and Compaction 41,336.00 CY 7,50 310,020.00
7 AC Paving (6" Thick) 5,183,00 Tons 47m 243,601.00
8 Aggregate Base (8" Thick) 6,680,00 Tons 16.20 108,216,00
9 Aggregate Subbase (10" Thick) 8,350m Tons m90 91,015,00
10 Monolithic Curb, Gutter & Side- 2,490.00 LF 15.00 37,350.00
walk
11 Type "B-1" Inlet 2.00 Ea. 3,500,00 7,000.00
12 Type "B-2" Inlet 1.00 Ea. 4,000,00 4,000.00
13 Type "B-2" Inlet Modified 1,00 Ea. 2,400.00 2,400,00
14 Headwall (Type "Pt, Single) 6,00 Ea. 3,600.00 21,600,00
15 Headwall (Type ')';', Double) 2.00 Ea. 5,000.00 10,000.00
16 Energy Dissipator 5.00 Ea. 5,500.00 27,500.00
17 48" RCP Pipe 468.00 LF 100.00 46,800.00
18 30" RCP Pipe 181.00 LF 65.00 11,765,00
19 24" RCP Pipe 274,00 LF 55.00 15,070m
20 18" RCP Pipe 121.00 LF 35.00 4,235.00
21 Shoring 1.00 LS 2,500,00 2,500.00
22 16" Water Main (CL. 200, ACP) 1,123.00 LF 85,00 95,455.00
23 Gate Valve (16") 2,00 Ea. 6,150.00 12,300.00
24 Blind Flange (16") 1.00 Ea, 750.00 750,00
25 Thrust Block 1.00 Ea, 270.00 270.00
26 Connection to Ex. 16" WL 1.00 Ea. 700,00 700.00
27 Construction Survey 1,00 LS 15,000.00 15,000.00
28 Erosion Control 1.00 LS 22,000.00 22,000,00
29 Landscaping 133 Acre 163,350.00 217,255.50
30 One Year Landscaping Mainte- 1.00 LS 12,000,00 12,000.00
nance
31 Irrigation System 1.00 LS 100,000,00 100,000.00
Preliminary Engineer's Report
Assessmellt District 90-2
Otay Valley Road Widellillg
13
.)/ -2l.
OTAY VALLEY ROAD, PHASE II, NIRVANA TO EAST PROJECT LIMIT
Unit Price Per
No. Bid Item Quantities Type Unit Total
32 Wetland Mitigation tOO LS 150,000,00 150,000.00
33 Drainage Ditch 218 IT tOO LS 1,000.00 1,000.00
34 Pavement Striping 7,000,00 LF 035 2,450,00
35 Raised Pavement Marker 210,00 Ea. 4.00 840.00
36 Pavement Legend 200,00 SF 4,00 80<tOO
37 Signs tOO LS 2,700.00 2,700.00
38 Land Cost R/W tOO LS 200,000,00 200,000.00
2,203,434.00
Curve Section of Road 275,000
Subtotal 2,478,434
Contingency @ 20% 455,687
Right of Way with 20% Contin- Included
gency Above
Total Pbase II 2,934,121
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
14
5/-,2)
TABLE 3
OTAY VALLEY ROAD INCIDENTAL EXPENSES - PHASES I & II
Preliminary Confirmed
Design Engineering 834,917
Construction Project Management 50,000
ROW Appraisals 55,000
Legal Services 30,546
Animal Shelter 200,000
Otay Water District Inspection 4D,OOO
City Administration Fee 55,000
Plan Check 280,000
Inspection & Materials Testing 350,000
Traffic Design 7,500
Mitigation Costs 534,860
Project Management 25,500
Financial Consultant 67,000
Assessment Engineering 90,500
Printing, Advertising, Posting 3,200
Bond Printing, Servicing, & Reg. 12,500
Bond Counsel 36,758
Capitalized Interest 147,456
Subtotal 2,820,737
Reserve (10%) 1,040,624
Discount (3%) 312,187
TOTALS 4,173,548
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
15
s ) ~2 s:
Table 4
Contributions and Credits
Preliminary Confirmed
SB 300 Fund (1,161,000)
Traffic Signal TF220 (189,300)
SDG&E 20A Fund (320,000)
City Casb Contribution (1,765,167)
Total Contributions (3,435,467)
Less Credits for Existing Improvements (163,099)
TOTAL CONTRIBUTIONS & CREDITS (3,598,566)
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
16
3) -;25'
PART II (Continued)
CALCULATION OF BOND DISCOUNT A~l> RESERVE FUI'.l>
Preliminary Confirmed
A. Construction Cost $ 9,831.259
R Incidental Subtotal without Bond Discount and Re- 2,820,737
serve Fund
C. Less Cash Contributions (3,598,566)
0, Subtotal 9,053,430
E
Bond Discount (3%) 312,187
E Reserve Fund (10%) 1,040,624
G. Total Discount and Reserve Fund 1,352,811
H. Total to Assessment $ 10,406,242
Prelimillary Ellgilleer~ Report
Assessmelll District 90-2
Dray Valley /Wad Widellillg
17
7/-(;{)
./, -
Part III
Assessment Roll
PART III (a)
SUBMIITAL
MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE
STREETS AND HIGHWAYS CODES OF THE STATE OF CALIFORNIA
WHEREAS, on , 1992, the City Council did, pursuant to the
provisions of the Municipal Improvement Act of 1913, being Division 12 of the Streets
and Highways Code and Part 7.5 of the Special Assessment Investigation, Limitation, and
Majority Protest Act of 1931, being Division 4 of the Streets and Highways Code of the
State of California adopt Resolution of Intention No. _ for the construction of
certain public improvements, together with appurtenances and appurtenant work in
connection therewith in a special assessment district known and designated as
ASSESSMENT DISTRICT No. 90-2
OTAY V ALLEY ROAD PHASES I & II
(Hereinafter referred to as the 'f\ssessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Director of Public Works to make and file a report consisting of the following:
1. Plans and specifications;
2. Estimated cost of improvements;
3. A proposed assessment of the costs and expenses of the works of improve-
ment levied upon the parcels and lots of land within the boundaries of the
assessment district;
4. Assessment diagram showing the assessment district and the subdivisions
of land contained herein;
5. A description of the public improvements to be constructed;
6. An Assessment Engineer's Certificate designating certain right-of-way
associated with the project will be transferred to the City by easement or
other means.
For particulars, reference is made to the Resolution of Intention as adopted by the
City Council.
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
18
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Now THEREFORE, I, John P. Lippitt, as appointed Director of Public Works, and
pursuant to the Municipal Improvement Act of 1913, do herein submit the following:
1. I, pursuant to the provisions of law and the Resolution of Intention, have
assessed the costs and expenses of the works of improvement to be performed
in the Assessment District upon the parcels of land in the Assessment District
benefitted thereby in direct proportion and relation to the estimated benefits to
be received by each of said parcels. For particulars of the identification of said
parcels, reference is made to the Assessment Diagram.
2. As required by law, a Diagram is herein included, showing the Assessment
District as well as the boundaries of the respective parcels and subdivisions of
land within said district as the same existed at the time of the passage of said
Resolution of Intention, each of which subdivisions of land or parcels or lots
respectively have been given a separate number upon said Diagram and in said
Assessment Roll.
3. The subdivisions and parcels of land and the numbers therein as shown on the
respective Assessments Diagram as included herein correspond with the numbers
as appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division
10 of the Streets and Highways Code of the State of California (the "Improve-
ment Bond Act of 1915"), to represent all unpaid assessments, and the last
installment of said bonds shall mature a maximum of TWENTY-FOUR (24)
YEARS from the 2nd day of September next succeeding twelve (12) months from
their date. Said bonds shall bear interest at a rate not to exceed the current legal
maximum rate of 12% per annum.
5. By virtue of the authority contained in said Municipal Improvement Act of 1913,
and by further direction and order of the City Council, I hereby make the
following assessment to cover the costs and expenses of the works of improve-
ment for the Assessment District based on the costs and expenses set forth as
follows:
Construction Costs
Incidental Costs & Expenses
Contributions & Credits
Amount to Assessment
Preliminarv
$ 9,831,529
4,173,548
(3,598,566)
$ 10,406,242
Confirmed
For particulars as to the individual assessments and their descriptions, reference
is made to the Assessment Roll attached hereto.
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
19
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~ )-_J 0-<
6. In addition to or as a part of the assessment lien levied against each parcel of
land within the Assessment District, each parcel of land shall also be subject to
an annual assessment to pay costs incurred by the City and not otherwise
reimbursed which result from the administration and collection of assessments
or from the administration or registration of any bonds and/or reserve or other
related funds. The maximum amount of such annual assessment upon each such
parcel of land shall not exceed 5% of the amount of the annual assessment
installment.
7. All costs and expenses of the works of improvement have been assessed to all
parcels of land within the Assessment District in a manner which is more clearly
defined in the "Method and Formula of Assessment Spread", which is a part of
this Assessment Roll.
The preliminary report dated:
,1992 By:
John P. Lippitt
Director of Public Works
City of Chula Vista
State of California
The final report dated:
,1992 By:
John P. Lippitt
Director of Public Works
City of Chula Vista
State of California
Preliminary Engineers Report
Assessment District 90-2
Otay Valley Road Widening
20
(' ) -)' 1'"
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PART III (B)
AsSESSMENTS PER APN
21
Preliminary Engineers Report
Assessmelll District 90-2
Otay Valley Road Widening
? / -7J!
, .
Otay Valley Road Widening - Phase 1 & II
Preliminary Confirmed
Assm't # APN Assessment Assessment
1 624-060-09 0
2 624-060-27 150,995
3 624-060-28 6,864
4 624-060-38 105,962
5 624-060-45 110,803
6 644-040-01 257,102
7 644-040-11 26,490
8 644-040-13 521,862
9 644-040-14 0
10 644-040-16 455,371
11 644-040-23 39,133
12 644-040-24 77,470
13 644-040- 27 0
14 644-040- 28 123,434
15 644-040-44 148,876
16 644-040-45 167,155
17 644-040-36 143,819
18 644-040-37 99,147
19 644-040-38 0
20 644-040-40 529,809
21 644-040-46 24,901
22 644-040-47 23,047
23 644-040-48 38,676
24 644-040-49 132,982
25 644-041-01 47,076
26 644-041-02 24,419
27 644-041-03 39,524
28 644-041-04 0
29 644-041-05 60,167
30 644-041-06 47,580
31 644-041-07 47,328
32 644-041-08 54,880
33 644-041-09 45,314
Preliminary Engineer's Report
Assessl1lellt District 90-2
Otay Valley Road Widellillg
22
--
---0) 7'
<; -" '7
/". ..'-
Otay Valley Road Widening - Phase I & "
Preliminary Confirmed
Assm't # APN Assessment Assessment
34 644-041-10 26,433
35 644-041-11 22,657
36 644-041-12 24,419
37 644-041- 13 60,167
38 644-041-14 47,831
39 644-041-17 59,915
40 644-041-18 54,377
41 644-041-19 99,187
47 644-181-01 34,864
48 644-181-02 35,644
49 644-181-03 38,506
50 644-181-04 58,279
51 644-181-07 0
52 644-181-08 61,922
53 644-181-09 39,807
54 644-181-10 109,794
55 644-181-11 43,189
56 644-181-15 135,031
57 644-181-16 37,986
58 644-181-18 35,124
59 644-181-19 43,449
60 644-181-20 33,823
61 644-181-21 36,164
62 644-181-22 38,506
63 644-181-23 50,734
64 644-181-24 11,708
65 644-181-25 11,%8
66 644-181-26 23,156
67 644-181-27 17,432
68 644-181-28 17,432
69 644-181-29 47.352
70 644-181-30 15,611
71 644-181-33 27.318
Preliminary Engineer's Report
Assessmelll District 90-2
Olay Valley Road Widening
23
}: ) -;, ~~.
Otay Valley Road Widening - Phase I & II
Preliminary Confirmed
Assm't # APN Assessment Assessment
72 644-182-01 133,990
73 644-182-02 135,551
74 644-182-03 135,031
75 644-182-06 0
76 644-182-07 169,374
77 644-182-08 134,511
78 644-182-09 171.716
79 644-182-10 137,893
80 644-182-11 110,314
81 644-182-12 97,306
82 644-182-14 28,099
83 644-182-15 23,936
84 644-182-16 120,721
85 644-182-17 72,589
86 644-230-11 31.222
87 644-230-12 28,576
88 644- 230-13 31.751
89 644-230-14 31.486
90 644-230-15 77,790
91 644-230-16 129,385
92 644-230-17 128,327
93 644-230-18 80,700
94 644-230-19 120,918
95 644-230-20 42,864
96 644- 230- 21 25,665
97 644- 230- 22 41.276
98 644-230-23 148,171
99 644-230-24 42,335
100 644-230-25 32,016
101 644-230-26 42,599
102 645-021-01 32,742
103 645-021-02 74,253
104 645-021-03 120,690
Preliminary Engineer's Report
Assessment District 90-2
Olay Valley Road Widellillg
24
_ ?,)- J?
Olay Valley Road Widening - Phase 1 & II
Preliminary Confirmed
Assm't # APN Assessment Assessment
105 645-021 -04 22,914
106 645-021-05 21,855
107 645-021-06 23,126
108 645-021-07 24,610
109 645-021-08 30,014
110 645-021-09 32,000
111 645-021-10 25,934
112 645-021- 11 24,716
113 645-022-01 57,378
114 645-022-02 55,180
115 645-022-03 53,060
116 645-022-04 54,199
117 645-022-05 58,120
118 645-022-06 44,769
119 645-022-07 36,875
120 645-021-19 21,404
121 645-021-20 19,603
122 645-021-21 22,358
123 645-021-22 28,875
124 645-021-23 25,086
125 645-021-24 21,881
126 645-021-25 21,881
127 645-021-26 20,901
128 645-021-27 20,954
129 645-021-28 27,206
130 645-021-29 21,484
131 645-021-30 20,212
132 645-021-31 20,000
133 645-021-32 107,604
134 645-021-33 31,312
135 645-021-34 28,371
136 645-021-35 26,093
137 645-021-36 30,305
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
25
] ) -3 zr
Olay Valley Road Widening - Phase 1 & II
Preliminary Confirmed
Assm't # APN Assessment Assessment
138 645-021-37 27,020
139 645-021-38 26,490
140 645-021-39 25,828
141 645-021-40 26,093
142 645-021-41 28,080
143 645-021-42 20,821
144 645-021-43 20,106
145 645-021-44 0
146 645-021-45 0
147 645-022-08 0
149 645-020-08
149 645-020-11 1,310,138
149 645-020-12
150 644-060-06 157,618
10,406,242
Preliminary Engineer~ Report
Assessmelll District 90-2
Otay Valley Road Widening
26
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3) ~)/;5
PART III (C)
CERTIFICATES
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was filed in my office on the day
of 1992.
City Clerk
City of Chula Vista
State of California
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was approved and confirmed by the City
Council of the City of Chula Vista on the day of 1992.
City Clerk
City of Chula Vista
State of California
I, John P. Lippitt, as Director of Public Works of said City, do hereby certify that the
foregoing assessments, together with the diagram attached thereto, was recorded in my
office on the day of 1992.
Director of Public Works
City of Chula Vista
State of California
Preliminary Engineers Report
Assessment District 90-2
Otay Valley Road Widening
36
.--, 7-1-/ '/
), '7
PART III (D)
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the
provisions of the Municipal Improvement Act of 1913, must be based on the benefit that
the properties receive from the works of improvement. The statute does not specify
the method or formula that should be used in any special assessment district
proceedings. This responsibility rests with the Assessment Engineer, who is retained
for the purpose of making an analysis of the facts in determining the correct
apportionment of the assessment obligation. For these proceedings, the City has
retained the services of Willdan Associates.
The Assessment Engineer makes his recommendation at the public hearing on the
Assessment District, and the final authority and action rests with the City Council after
hearing all testimony and evidence presented at the public hearing. Upon the
conclusion of the public hearing, the City Council must take the final action in
determining whether or not the assessment spread has been made in direct proportion
to the benefits received.
First, it is necessary to identify the benefit that the public improvements will render to
the properties within the boundaries of the assessment district. The overall benefit
derived by the properties within the proposed boundary of the assessment district is the
construction of the public improvements.
The widening of Otay Valley Road will benefit those properties that take access from
Otay Valley Road or an immediate connecting access road. The widening will improve
the existing level of service on the street, increase traffic flow between connecting areas
and provide a safer corridor of travel. Figure 1 shows parcels that will benefit from
the Otay Valley Road widening. These parcels include all the industrial property with
access onto Otay Valley Road, the Otay County Landfill, the Nelson & Sloan Mining
Parcel, and the Otay Rio Business Park.
The Otay County Landfill and the Nelson & Sloan Mining Parcel are included in the
benefit area because they presently generate heavy truck traffic on Otay Valley Road
and will receive direct benefit from the improvements. In addition, the design for the
future curve includes specific features that will accommodate truck traffic to and from
the mining parcel. An eastbound left turn pocket will provide trucks with safe access
from the west, a westbound acceleration lane on the right will allow exiting trucks to
safely enter the flow of traffic, and a right turn pocket will provide access for entering
westbound trucks. The assessment for the Otay County Landfill is calculated as if a
Prelil1linary Engineer's Report
Assessment District 90-2
Dray Valley Road Widening
37
---h
J ) -} {/
participating property and will be contributed to the district in cash. The Nelson &
Sloan Mining Parcel will be assessed and appear within the district boundaries.
The Otay Rio Business Park is included in the assessment district because it also
receives direct benefit from the improvements. The Tmffic Analysis for Ofay Valley
Road Phase III shows that Phase I and II improvements are required in conjunction
with the development of the two units in the business park.
The widening of Otay Valley Road will benefit both developed and undeveloped
parcels. The total cost of the project will be spread to each parcel in the assessment
district boundary in direct proportion to the number of trips generated by that parcel.
This methodology assesses all parcels equivalently for the improvements to be installed.
Trip generation is determined using average daily trip (ADT) factors and, for the
purposes of this assessment district, a factor of 200 trips per day/acre was determined
to best reflect the type of industrial land use that is expected in the Redevelopment
Area and the Otay Rio Business Park.
Traffic counts for the Otay Landfill were obtained from the County Garbage and Trash
Disposal Division, Department of Public Works, County of San Diego. Traffic counts
for the Nelson & Sloan Mining Parcel were taken from The Traffic Analysis for Ofay
Valley Road Phase II. The heavy trucks that were included in these traffic counts were
multiplied by a rate of 1.7 to account for the additional wear they cause to the road.
The following table summarizes the traffic generation within the boundaries of the
benefit area.
Certain properties within the Otay Valley Road benefit area render themselves, either
wholly or in part, difficult to develop due to their location within a floodway or
floodplain, or lying within an area of probable wetland designation as defined by
agencies other than the City of Chula Vista. Other properties render themselves
difficult to develop due to severe slopes within the entire parcel area as defined by the
City of Chula Vista slope ordinance. Where these problems to development occur,
parcels have been eliminated from the district entirely or portions of the property have
been eliminated from the calculation of ADTs for assessment purposes. Where a part
of the parcel is not used in the calculation of that full parcel's assessment, that portion
of the parcel not used in the calculation will not receive an assessment upon the split
of the parcel during reapportionment.
WilIdan A~social~s, Tranie Analysis for Otay Valley Road Phase II. November 7, 1990.
38
Preliminary EngiJJeer's Report
Assessment District 90-2
Otay Valley Road Widening
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Special consideration will be given to those existing subdivisions that have already
installed frontage improvements on Otay Valley Road as part of their conditions of
development approval. Existing improvements, which include curb, gutter, sidewalk,
lighting and a travel lane will be considered part of the road widening project. Their
cost will be estimated based on the bid amounts for those items and included in the
dollar amount to be spread. Then, the cost will be credited back to those subdivisions
that installed them. This method establishes equity among parcels that have already
paid for frontage improvements and those that have not. Table 1 and Figure 2 show
what credits will be given to the existing subdivisions. Please refer to the Assessment
Diagram for the location of parcel numbers.
Prelimillary Ellgilleer's Report
Assessmellt District 90-2
Otay Valley Road Widellillg
40
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TABLE I
OT A Y Y ALLEY ROAD WIDENING - PHASE I & II. CREDIT FOR EXISTl:>G IMPROVLVlENTS
North North North South
Assml Gross Frontage C/G Sidewalk 51..... Frontage St.....uigbt Total
No. APN Acres (L.F.) Creillt Creilll Creillt Credit Creillt Credit
3 624-060-28 058 170 0 0 0 (8500) 0 (8.500)
5 624-060-45 5.22 380 0 0 0 (19.000) 0 (19,000)
6 644-MO-OI 9,73 13 (78) (26) (546) 0 0 (650)
11 644-MO-23 L80 171 (1,026) (342) (7J82) 0 0 (8.550)
12 644-040-24 3.62 344 (2.064) (688) (14.448) 0 (1,225) (18,425)
14 644-MO-28 4.82 569 (510) (170) (3.570) 0 0 (4,250)
17 644-MO-36 5$1 0 (1,081) 0 (7.564) 0 (1,447) (10,091)
18 644-MO-37 4,03 305 (749) (610) (5,246) 0 (1,003) (7,609)
25 644-MI-0l L87 275 (308) 0 (2,153) 0 0 (2,461)
26 644-MI-02 0,97 0 (160) 0 (UI7) 0 0 (1,277)
27 644-MI-03 157 0 (258) 0 (1,808) 0 0 (2,066)
29 644-M 1-05 2.39 0 (393) 0 (2,752) 0 0 (3,145)
30 644-041-06 L89 0 (311) 0 (2,176) 0 0 (2,487)
31 644-MI-07 L88 0 (309) 0 (2,165) 0 0 (2,474)
32 644-M 1-08 2.18 0 (359) 0 (2.510) 0 0 (2,869)
33 644-M 1-09 L80 0 (296) 0 (2,073) 0 0 (2,369)
34 644-MI-IO LOS 0 (173) 0 (1,209) 0 0 (1,382)
35 644-041-11 0,90 0 (148) 0 (1,036) 0 0 (1,184)
36 644-041-12 om 0 (160) 0 (UI7) 0 0 (1,277)
37 644-MI-13 2.39 0 (393) 0 (2,752) 0 0 (3,145)
38 644-MI-14 1,90 276 (313) 0 (2,188) 0 0 (2.501)
39 644-MI-17 2.38 0 (392) 0 (2,741) 0 0 (3,132)
40 644-041-18 2.16 325 (355) 0 (2,487) 0 0 (2,843)
41 644-MI-19 B4 278 (648) 0 (4.537) 0 0 (5,)85)
47 644-181-01 L34 0 (77) 0 (539) 0 (17) (634)
48 644~181-02 1.37 0 (79) 0 (551) 0 (18) (648)
49 644-181-03 1.48 0 (85) 0 (596) 0 (19) (700)
50 644-181-04 2.24 0 (129) 0 (902) 0 (29) (1,059)
52 644-181-08 2.38 0 (137) 0 (958) 0 (31) (1,125)
53 644-181-09 153 0 (88) 0 (616) 0 (20) (724)
54 644-181-10 4.22 0 (243) 0 (1,699) 0 (54) (1,996)
55 644-181-11 ].66 0 (95) 0 (668) 0 (21) (785)
56 644-181-15 5.19 0 (298) 0 (2,089) 0 (67) (2,454)
57 644-181-16 1.46 0 (84) 0 (588) 0 (19) (690)
58 644-181-18 1.35 0 (78) 0 (543) 0 (17) (638)
59 644-181-19 1.67 0 (%) 0 (672) 0 (21) (790)
60 644-181-20 1.30 0 (75) 0 (523) 0 (17) (615)
41
Preliminary Engineer's Report
Assessment District 90-2
Otoy Valley Road Widening
l//<!/
..--~ --- 1
TABLE I
OTAY VALLEY ROAD WIIlENING - PHASE I & II, CREIlIT FOR EXISTI-.;G I:\IPROVEMENTS
North l'i'orth North South
Assmt Gross FroDta~e CIG Sid(>\\'alk Street Fronta~e St .-light Total
No. APN Acres (L.F,) Crerut Credit Credit Credit Credit Credit
61 644-181-21 139 0 (80) 0 (560) 0 (18) (657)
62 644.181-22 lA8 0 (85) 0 (596) 0 (19) (700)
63 644-181-23 1,95 0 (112) 0 (785) 0 (25) (922)
64 644-181-24 OA5 0 (26) 0 (181) 0 (6) (213)
65 644-181-25 OA6 0 (26) 0 (185) 0 (6) (218)
66 644-181-26 0,89 0 (51) 0 (358) 0 (11) (421)
67 644-181-27 0.67 0 (39) 0 (270) 0 (9) (317)
68 644-181-28 0,67 0 (39) 0 (270) 0 (9) (317)
69 644-181-29 1.82 0 (105) 0 (733) 0 (23) (861)
70 644-181-30 0,60 0 (35) 0 (242) 0 (8) (284)
7) 644-181-33 L05 0 (60) 0 (423) 0 (14) (497)
72 644-182-01 5.15 0 (296) 0 (2,073) 0 (66) (2.435)
73 644-182-02 5.21 0 (300) 0 (2,097) 0 (67) (2,464)
74 644-182-03 5.19 0 (298) 0 (2,089) 0 (67) (2,454)
76 644-182-07 651 0 (374) 0 (2,620) 0 (84) (3,079)
77 644-182-08 5.17 0 (297) 0 (2,081) 0 (67) (2,445)
78 644-182-09 6,60 0 (380) 0 (2,657) 0 (85) (3,121)
79 644-182-10 530 0 (305) 0 (2,133) 0 (68) (2,506)
80 644-182-11 4.24 0 (244) 0 (1,707) 0 (55) (2,005)
81 644-182-12 3,74 0 (215) 0 (1,505) 0 (48) (1,769)
82 644-182-14 L08 0 (62) 0 (435) 0 (14) (511)
83 644-182-15 0.92 0 (53) 0 (370) 0 (12) (435)
84 644-182-16 4,64 0 (267) 0 (1,868) 0 (60) (2,194)
85 644-182-17 2.79 0 (160) 0 (1,123) 0 (36) (1,319)
86 644-230-11 U8 0 0 0 0 0 (37) (37)
87 644-230-12 L08 0 0 0 0 0 (34) (34)
88 644-230-13 1.20 0 0 0 0 0 (38) (38)
89 644-230-14 U9 0 0 0 0 0 (37) (37)
90 644-230-15 2.94 0 0 0 0 0 (92) (92)
91 644-230-16 4,89 0 0 0 0 0 (153) (153)
92 644-230-17 4,85 0 0 0 0 0 (152) (152)
93 644-230-18 3,05 0 0 0 0 0 (96) (96)
94 644-230-19 4.57 0 0 0 0 0 (143) (143)
95 644-230-20 1.62 0 0 0 0 0 (51) (51)
96 644-230-21 om 0 0 0 0 0 (30) (30)
97 644-230-22 156 0 0 0 0 0 (49) (49)
98 644-230-23 5,60 0 0 0 0 0 (175) (175)
Preliminary Engineers Report
Assessmellt District 90-2
Otay Valley Road Widellillg
42
'-0 /
5
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TABLE I
OTAY VALLEY ROAD WIDENING - PHASE 1& 11. CREDIT FOR EXISTI:'<lG IMPROVEMENTS
Nortb North Nortb South
Assmt Gross Frontage C/G S;dewaIk St_ Frontage Streetlight Total
No. APN Acres (L.F.) Credit Credit Credit Credit Credit Credit
99 644.230-24 1.60 0 0 0 0 0 (50) (50)
100 644-230-25 121 0 0 0 0 0 (38) (38)
101 644-230-26 1,61 0 0 0 0 0 (50) (50)
43
Preliminary Engineers Report
Assessment District 90-2
Otay Valley Road Widening
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Suecial Financinl! Considerations
Darling-Delaware Property
The Darling-Delaware property, former site of the Omar Rendering Plant, was to be
developed into the Rio Otay Industrial Park until the discovery of hazardous waste
halted further development. The subdivision is made up of 17 parcels (parcel #'s 25
through 41) and is currently partially improved with graded pads and an improved
access road. A Class I Hazardous Containment Pond is located on parcel #28. City
staff has decided to consider all parcels in the subdivision to be developable, with the
exception of parcel #28, for the purposes of Assessment District 90-2.
Nelson & Sloan Mining Parcel
The Nelson & Sloan Mining Parcel is a 136 acre lot outside the city limits of Chula
Vista in San Diego County. It is currently owned by United Enterprises LID and
leased to Nelson & Sloan for sand and gravel mining purposes. The parcel receives
direct benefit from the road improvements. Due to its location outside the City,
including it in the assessment district boundary is to require the Consent and Jurisdic-
tion from the County of San Diego.
Otay County Landfill
The Otay County Landfill is owned by San Diego County. Like the mining parcel, it
receives direct benefit from the widening of Otay Valley Road. However, County land
is not legally assessable, and inclusion in the assessment district is therefore not
feasible. It is recommended that the proportionate share of the assessments
attributable to the landfill, less bond discount, reserve and capitalized interest, be paid
in the form of a cash contribution to the assessment district.
City of Chula Vista Contribution to the Otay Valley Road Redevelopment Area
The City of Chula Vista has budgeted a contribution to be used to help finance the
widening of Otay Valley Road. This contribution results in the reduction of assess-
ments to all parcels within the assessment district.
Incidentals
The cost of incidentals has been spread proportionately over the various improvements
in the direct proportion that the improvement bears to the total cost of improvements.
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
45
-~) / - C;' g'
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In conclusion, it is my opinion that the assessments for Assessment District No. 90-2
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
Dated:
WILLDAN ASSOCIATES
By:
Richard K. Jacobs, RCE 18191
License Expiration Date: 6-30-93
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
46
~' J-/S7
PART IV
ASSESSMENT DIAGRAM
Reduced copy. Full size copies are on file in the
offices of the City Clerk and the Director of Public
Works.
Said Assessment Diagram is filed herewith and made
a part hereof.
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
47
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PART V
DESCRIPTION OF WORK
The following items of work are proposed to be funded by Assessment District 90-2.
Accomplishments of all other related work required to effect above improvements.
DescriDtion of Work
The following items of work are proposed to be funded by Assessment District 90-2.
Otay Valley Road Phase I
Widen Otay Valley Road to a 6-lane major street within a 128-
foot right-of-way between the intersections with I-80S and
Nirvana Ave. (approximately 5,700 linear feet).
Project to include: 16-foot wide landscaped median, four 12-foot
travel lanes and associated street sections, two 14-foot travel
lanes and associated street sections, and two 6-foot emergency
parking/bike lanes.
Improvements to include grading, pavement, curb, gutter,
sidewalk, drainage facilities, water mains, street lights, and dry
utilities.
Otay Valley Road Phase II
Widen Otay Valley Road to a 4-lane facility beginning at
Nirvana Avenue and continuing east approximately 5,000 feet,
then south a distance of approximately 500 feet.
Project to include: two 12-foot lanes in each direction, a five
foot emergency parking lane on the north side, and a 4-foot
temporary median.
A north-south curve design will include an eastbound left turn
pocket and a westbound right turn pocket.
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
50
7/-(3
Improvements to include grading, pavement, curb, gutter,
sidewalk, drainage facilities, water mains, and street lights.
Project to include the purchase of right-of-way and wetland mitigation.
Preliminary Engineer's Report
Assessment District 90-2
Gray Valley Road Widening
51
J/- b' //
PART VI
RIGIIT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VIsrA
The undersigned, RICHARD K. JACOBS, hereby CERTIFIES UNDER PENALTY OF PERJURY that the following
is all true and correct.
At all times herein mentioned, the undersigned was, and now is the authorized representative of WilJdan
Associates, the duly appointed ASSESSME!\'T ENGINEER of the CITY OF CHULA VlsrA, CALIFORNIA.
That there have now been instituted proceedings under the provisions of the Municipal Improvement Act
of 1913, being Division 12 of the Streets and Highways Code of the State of California for the construction
and construction of certain public improvements in a special assessment district known and designated as
ASSESSMENT DlsrRICT No. 90-3
(hereinafter referred to as the 'I\ssessment District").
THE UNDERSIGNED SD\TES AND CERTIFIES AS FOLLOWS:
(check one)
o
a.
That all easements, rights-of-way, or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in
the possession of the City.
181
b.
That all easements, rights-of-way or land necessary for the accomplishment of tbe works of
improvement for the above referenced Assessment District have been obtained and are in
the possession of the City, EXCEPT FOR rnOSE DESCRIBED IN EXHIBIT "X attached hereto,
showing maps of rights-of-way and easements not yet obtained at this time,
WILLDAN ASSOCIATES
ASSESSMENT ENGINEER
CITY OF CHULA VIsrA
STATE OF CALIFORNIA
52
Preliminary Engineer~ Report
Assessment District 90-2
Otay Valley Road Widening
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IMPEDIMENTS TO DEVEWPMENT LEITER FROM
CITY OF CHULA VISTA
Preliminary Engineer's Report
Assessment District 90-2
Otay Valley Road Widening
(I-if?
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~~~~
CllY OF
CHUIA VISfA
COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVED
APR - 7 91l
April2, 1992
Mr. Jerome Fournier
Willdan Associates
6363 Greenwich
San Diego, CA 92122
WILLDAN ASsoc. SAN DIEGO
Subject: Properties in the Proposed Otay Valley Road A.ssessment District with Impediments
to Development
Dear Jerome:
As you are aware, there are a number of properties which fall within the boundaries of the
proposed assessment district for the widening of Otay Valley Road which have severe physical
and/or financial impediments to development. This will impact the relevancy of including them
in the district. These properties are generally divided in three categories: (1) properties located
within the Otay River Floodway and Floodplain; (2) wetland properties south of Otay Valley
Road; and (3) properties with extreme grades and environmentally sensitive vegetation on the
north side ofOtay Valley Road, east of Nirvana Avenue. These properties are further identified
in the attached map. The development impediments are described below.
F100dwav and F100dDlain Properties
To encroach in the floodway, studies and calculations would need to be provided to indicate that
the encroachment and associated mitigation measures meet both City and federal (FEMA)
requirements.
Wetland ProDerties
A significant portion of properties lying south of Otay Valley Road, west of Nirvana Avenue,
fall within designated wetlands associated with the Otay River. Much of the properties directly
south of Otay Valley Road include these wetlands.
Development of these properties would, minimally, require the following:
. Environmental assessment by City staff;
)/-?ZJ
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5047
Mr. Jerome Fournier
Willdan Associates
April 2, 1992
Page 2
. Preparation of an environmental document, either a Negative Declaration or
Environmental Impact Report, to identify sensitive and/or endangered species of plants
and animals, impacts to wetlands and other environmental resources;
. Coordination with other state and federal regulatory agencies, including the U.S. Army
Corps of Engineers, the California Department of Fish and Game, and the U.S. Fish
and Wildlife Service, and achievement of at least the following:
(1) Section 404 Permit through the Army Corps of Engineers including the
identification of appropriate mitigation for the loss of wetlands due to the
proposed development,
(2) Streambed Alteration Permit from the California Department of Fish and
Game, and
(3) Possible channelization of the Otay River which, in itself, would
destroy wetland habitat.
Even with the requirements above, property developed int he floodway may be subject to
flooding, limitation on development by the presence of protected species of animals and
vegetation already identified in this area, and the cost of purchasing and restoring wetlands to
replace those lost to development. It should be noted that there is value in the wetland
properties for sale as mitigation property for offsite development such as the Otay Valley Road
Widening project.
ProDerties With Extreme SIODes
Two properties are identified on the north side of Otay Valley Road, east of Nirvana, which are
characterized by steep slopes and endangered vegetation. Impediments to development for these
properties would include:
. Environmental assessment by City staff;
. Preparation of an environmental document, either a Negative Declaration or an
Environmental Impact Report, to identify sensitive and/or endangered species of
vegetation (previously identified on this site);
. City slope ordinance limits of no more than a 2: 1 slope for development; and
. Limit on ability to directly access Otay Valley Road due to City development policy to
limit access and physical constraint due to steep slopes.
"7/- .7/
CITY OF CHULA VISTA
Mr. Jerome Fournier
Willdan Associates
April 2, 1992
Page 3
The environmental constraints, lack of access, and presence of protected vegetation will make
these properties extremely difficult and expensive to develop. Access to these properties from
the north is also limited due to the topography which would limit the amount of property which
could be used for development.
If you require any additional information concerning developability of these properties, please
do not hesitate to contact me.
Sincerel~'1
4ulL
Fred Kassman
Redevelopment Coordinator
FK/bb
[C:IWP5110VROADlLEITERSIWILLDAN2,LTR]
CC: Diana Richardson, Environmental Facilitator, Community Development
William UHrich, Senior Civil Engineer, Engineering Department
Donna Snider, Associate Civil Engineer, Engineering Department
Ken Lee, Assistant Planning Director, Planning Department
Tom Meade, Consultant
J /- /v2
CITY OF CHULA VISTA
.
I
,
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FINAL
ENVIRONMENTAL IMPACf REPORT
OTAY VALLEY ROAD WIDENING PROJECf
.
Prepared for:
The City of Chula Vista
Environmental Review Coordinator
276 Fourth Avenue
Chula Vista, CA 91910
Prepared by:
Keller Environmental
Associates, Inc. (KEA)
1727 Fifth Avenue
San Diego, CA 92101
August 1991
CHULA VISTA
~~~
~
'- - - -
-- -- """""---
~"'"'- --
- -
CllY OF
CHULA VISTA
Environmental
Impact Report
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ADDENDUM
to
FINAL ENVIRONMENTAL IMPACT REPORT
OTAY VALLEY ROAD WIDENlNG PROJECT
The environmental review procedures of the City of Chula Vista allow the Environmental
Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental
Impact Report, if one of the following conditions is present:
1. The minor changes in the project design which have occurred since completion of the
Final ErR or Negative Declaration have not created any new significant environmental
impacts not previously addressed in the Final EIR or Negative Declaration;
2. Additional or refined environmental data available since completion of the Final EIR does
not indicate any new significant environmental impacts not previously addressed in the
Final EIR or Negative Declaration; and
3. Additional or refined information available since completion of the Final EIR or Negative
Declaration regarding the potential environmental impact of the project, or regarding the
measures of alternatives available to mitigate potential environmental effects of the
project, does not show that the project will have one or more significant impacts which
were not previously addressed in the Final EIR or Negative Declaration.
This addendum has been prepared in order to provide additional information and analysis
concerning project impacts. As a result of this analysis, the basic conclusions of the Final EIR
have not changed. With implementation of mitigation measures, impacts are deemed to be less
than significant for the proposed project.
The minor change which has occurred in the project description is the clarification that it is an
Assessment District which will fund the proposed roadway. The Final EIR had stated in two
Responses to Comments (Responses 2C and 3A] that an Assessment District would probably be
formed, and that more information regarding such would be available at the end of October
1990. The Assessment District is currently in the process of formation, with formation expected
to be completed in May 1992. The construction of the roadway is expected to begin in July
1992. As stated above, the method of implementing the proposed project, in this case the
formation of an Assessment District, does not in any way change or alter the conclusions
regarding environmental impacts described in the FErR for the road widening project.
[CoIWPSlI0VROADIFEIR_ADM,TXT]
J- 7 1-/
INSTRUCTION SHEET
~
This report is the Final Environmental Impact Report for the proposed Otay Valley Road
Widening Project in the City of Chula Vista. The Draft Environmental Impact Report was
submitted by the City of Chula Vista for public review on August 29, 1989. Comments
received as a result of that circulation are included in the beginning of this report, and
responses to these comments follow each comment. Additionally, changes have been made
to the text in response to these comments. The Draft Environmental Impact Report, the
comments and responses, and text changes constitute the Final Environmental Impact
, Report.
"
</) ,7 <,-
, 'S
/),- _/
COMMENTS AND RESPONSES
.
~
The public review period for the Otay Valley Road Widening Project Draft EIR was held
between August 29. 1989 and January 24, 1990. This Final EIR contains comments
received on the Draft EIR and responses to those comments. Comments addressed in this
document include: written letters received by the City on the Draft EIR, public comments
received at the Public HEaring on the Draft EIR on November 8, 1989, and other written
and verbal comments received by the City at related informal City meetings.
The format for the Comments and Responses is the presentation of the comment in its
original form, followed on the subsequent page with the response. Additionally, the text
has been revised, where appropriate, in response to these comments. Where revisions occur
in the text, the type style for the new language is in an italic print. Where text has been
eliminated, lines are drawn through the narrative to indicate the specific language that has
been eliminated.
"
-,
The comments are presented in the following order: .
Response
Comments Received on the Draft EIR Page No. Page No.
1. California Department of Transportation, 1 2
James T. Cheshire, Chief Environmental
Planning Branch, (comment letter, 10/13/89)
2. Mr. F. Borst and Mr. Alex Harper 3 5
(comment letter, no date)
3. Extract of Public Hearing on Draft EIR (11/8/89) 6 10
4. Comments Received from the Otay Valley Road 11 14
Project Area Committee Meeting
(verbal comments, 9/25/89)
5. Comments Received at City Meeting with 15 16
H.G. Fenton Company (verbal comments, 9/21/89)
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emorandum
,
STATE CLEARINGHOUSE
Demo ,october 13, 1989
File No.. 11-80-805
3.5-3.9
District 11
"!1 I DII'AITMlNT OP TItANSI'OIlT AnON
'-.li
DEIR for the Otay Valley Road
Widenino Pro"ect - SCH 89063004
The proposed widening of otay Valley Road to 6-lanes will neces-
sitate the widening of that road through the Interstate Route 805
interchange and the widening of the ranps. Also, a feasibility
study will be needed for the provision of adequate left-turn
storage at the interchange. Restriping the existing four-lane
section to provide for two left turns does not meet Caltrans
standards and will not provide enough storage.
Our contact person for Interstate 805 at otay Valley Road is Mike
McManus, Project Manager, Local Funded projects, (619) 237-7491.
r;(~ ,nn 72'4-- tf- \
AMES T. CHESHIRE, Chief
Environmental Planning Branch
,
MO:yg
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Co=ent 1
.
1.
The proposed Otay Valley Road Widening Project does not include modifications
to the I-80S interchange. The City has requested that Cal-Trans prepare a Project
Study Report to determine the appropriate interchange improvements. The road
widening project will not result in impacts to the interchange that require mitigation.
It is future development, rather than physical roadway widening that may necessitate
interchange improvements.
l
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- 2 -
</'.7Y
./
cQMMENL2
172 Landale Lan.
El Cajon. CA i201~
Mr. DouS R.ld
Environm.ntal A.vi.w Coordinator
City of Chu1a Ylst.
276 PQurth Av.nue
Chula Vista. CA 92010
Our COUll:
V. are IrAvolr oonoorne~ abo~'. n~mb.r of l..ue. on the .tr.ot
that the propo.od widenln, or Otay Valley Road will have tor our
Pareel Ne. 6440 40 00 In the City ot Chula Vista.
Thes. Issu~e et~m from the Draft Env!ro~ment,l !m~.ct ~
~ Vallev ~ ~I~'nin~ ~"O'~c~, whlen Includo. the TOOitlon
modlsn island and Intersections alons propo..d Otay Vall.y Aoad.
2A
Plr., and tor.moat. our primary concern la the eX~.na' of
cre.tln~ a alx lano arterial with median. wh.n a tour Ian. road
without modi an. 18 sufficient for tho nooda of tho red.velopment
project area.
2B
Secondly. the above mentioned r~port stat.. on Pa~.. 3-38 &
that our proporty (~alker Soott) I. not Impacted, In fact.
'2 aor.. of ;ndu;tr!ally ~oned land 1. ao severely Impacted
much of the proporty will not =e able to be dov.lop.d a. a
r..ult ot thl. prepo.ed ~!dan!n$
39
our
that
Finally, If th18 ?ropoasl some~ow b9CC~e! reality, the plannftd
accoes to OU" prope"ty 1. unaccopt~ble, There muet be at lea.t
2(: on. fully sl~~allzej lntcr~ec:lon :nto our propo..d developmGnt
W.lt of the p.esent loca~ion c! ~~e en1~al .h.lter.
w. have axpr..scci concern ra~&"di~~ ~~a l.cue of exp.n.. tor
many months, We ~erc =hoc~e~ or t~e 9~.toment ~~ no ImpQct to
2D our property, and ~o c"nnot ,,~c '..!: 1 no~ "coapt.. plan thc:t do""
not prop.rly $00.'" our land.
- 3 -
(J ? (
Co=ent 2
2A. Otay Valley Road is designated in the City's General Plan Cpdate as a 6-lane major
facility. At build-out the roadway will serve properties other than those within the
Redevelopment Area.
28. As a result of more precise engineering design of the proposed roadway, the amount
of right-of-way required in fee from the concerned property owner is approximately
6,08 acres.
2C. A four-way intersection is planned at Otay Valley Road and Roma Court. This
intersection will be signalized when traffic volumes warrant signal installation. The
City's Traffic Engineering Department is responsible for installing traffic signals as
needed. The issue of who will finance the road widening project is currently being
studied by City. A feasibility study is being prepared, and ultimately an Assessment
District will probably be formed. More information. induding cost estimates for
each proposed assessment, are expected to be available at the end of October 1990,
2D, Access to the property in question is provided from both Maxwell Road and Roma
Court. In addition, when a subdivision map is proposed on the property driveway
cuts will be reviewed and considered by the City's Traffic Engineering Department
- 4-
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2. PUBLIC HEARING:
DRAFT ENVIRONMENTAL IMPACT REPORT E1R-89-1, OTAY
VALLEY ROAD WIDENING (continued from 10-11-89)
Principal Community Development Specialist Robin
be trailed because of the late arrival of
presentation.
Putnam asked that thi s i tern
the consultant making the
Commissioner Cannon stated that since he had just gotten the EIR, he couldn't
put any input into a draft EIR not having reviewed it. Commissioner Carson
agreed that they had all just received it except for Commissioner Tugenberg.
Ms. Putnam replied that they had just been informed prior to the meeting;
however, they would like to open the public hearing and take comments from the
peopl e present foll owi ng the consultant's presentati on, and then conti nue it
further so the Commi ssi oners woul d have an opportuni ty to read the
Environmental Impact Report.
Ms. Putnam stated that the consul tant had now arri ved and proceeded wi th her
presentation. She explained that currently Dtay Valley Road is a four-lane
road with turn pockets from I-80S east to Oleander. From Oleander to
Brandywi ne, the road becomes a three-l ane roadway wi th two 1 anes in the
westbound direction and one lane in the eastbound direction. From ~1axwell
east of the City limits, it becomes a two-lane country road that was built by
San Diego County. The proposed project entail s widening Otay Valley Road to
the south to provide a six-lane roadway with a 128' right-of-way. t1s. Putnar:1
used the overhead projector to show the proposed cross section. The typical
cross section for Otay Valley Road includes a 16' wide median, six 12' driving
lanes, two 8' emergency parking lanes, and 12' behind each shoulder curb for
sidewalks, landscaping, and utilities. The proposed cross section is
consistent with the specifications in the recently updated General Plan
Circulation Element. She then introduced Christine Keller from Keller
Envi ronrnental .
Ms. Keller s ta ted that the Ora ft Envi ronmenta 1 Statement bas i ca 11 y i denti fi ed
impacts that were mitigatable for the geology and soils, biology, land use,
traffic. and noise issues. She then summarized the results of the studies for
those issues as follows:
1. Geology and Soils - the rer:1oval of unstable geologic and soil materials
will be mitigated through the basic design of the roadl,ay. There will be
about 27,000 cubic yards of cut and 190,000 cubic yards of fill required
for the project. The slopes will be 2:1 maximum with 4:1 in the western
area.
2. Biology - the project will remove approxil'lately 3 acres of wetlands. The
mitigation for this inpact will be the creation of a new wetlands within
the ri ver, and currently the '.let1 ands ",i ti gati on p1 an is underway as '.,ell
as the 404 permit. Other types of biological issues I,hich could be
potentially significant but can be r:1itigated have to do with the
construction activities and disturbances of natural vegetation and
- 5 -
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PC MINUTES
-3-
November 8, 1989
addi ti onal wetl ands withi n the 20' constructi on zone. The mi ti gati on for
those impacts would be the temporary construction of a construction fence
as well as some net meshing at the bottom of the fence to control any kind
of erosion and runoff into the wetlands. After completion of the roadway,
they are proposing planting native vegetation along the roadway to provide
a transition from the wetlands to the roadway and also to create a
barrier, possibly using a thorny vegetation or a temporary guard fence, to
mi ni mi ze future encroachment into the wetl ands. The area is also the
nesting area for various sensitive endangered species, including the Least
Bell's Vireo. No ongoing conflicts with those species were identified
duri ng the studi es, but for mi ti gati on duri ng constructi on, if
construction takes place between April 1 and September 15, a biologist
will survey and ascertain whether there are any current nesting pairs in
the area within 300'.
3.
Land Use - The only direct physical conflict
and basically the parking lot. work area, and
being redesigned to the southern part of the
confl i ct.
is with the Animal Shelter
administration building are'
property to alleviate this
4.
Noi se - At the western end of the roadway
currently north of the road, the current noise
decibel s and, with this project, the City
exceeded. A noise wall at the top of the
mitigation for the project.
~'s. Keller then turned the presentation over to Herman Basmajiun of the
transportation traffic engineering consulting firm of Basmajiun Darnell, Inc.,
to summarize the tre.ffic issue.
where the residences are
levels are in excess of 64
standard of 65 would be
hill is included in the
He stated that the traffic considerations for Otay Valley Road are based on
the City's General Plan Scenario IV traffic estimates and the roadway, as
proposed, is commensurate with the Circulation Element and the General Plan of
the City. After taking a detailed look at all the intersections along Otay
Valley Road, they have developed the appropriate lane confi~urations at each
of the major intersections. Traffic signalization needs have also been
addressed and have been identified in the traffic study. The time of
intersection signal ization will be dependent upon the buil d-up of traffic and
would be i~plemented at such time as the City Traffic Engineer deems
necessary. The widening of the road itself will accommodate the land uses in
the a rea adj acent to the roadllay a s well asp 1 ayi ng the regi ona 1 role tha t the
facility is intended to serve.
Chairman Tugenberg said it was rrobJbly premature for the Planning Comnission
to ask any questions since they hadn't had the opportunity of reading the
Draft EIR; however, they could open and close the public hearing, assuming the
item will be continued.
This being the time and the place as advertised, the public hearing was opened.
- 6 -
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PC MH1UT[S
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November 8, 1989
Mr. Fred Borst, 172 Landale Lane, [1 Cajon 92019, stated he felt it was
entirely inappropriate for this matter to be before the Commission at this
time. He indicated his surprise that the Otay Valley Road Project Area
Committee members were not present, since they specifically work in this
project area and have been working with staff. He said the Otay Valley
Project Area Committee is frustrated by the cost of this project. It was
reported at the last Committee meeting that this project is anticipated to
cost some $6 million. There is a projected assessment district that is going
to be formed and that has not been thoroughly analyzed. He and the Project
Area Commi ttee are very concerned about the cos t and who is to absorb it. r1r.
Borst is one of the property owners, and a significant amount of their
property faces along Otay Valley Road and surrounds the Animal Shelter.
3A
Referring to pages 3-38 and 3-39 of the report, Mr. Borst pointed out that
thei r property is referred to as the "al ker-Scott property whi ch is not
impacted. He disagreed with that conclusion and stated that 52 acres of
industrially zoned land is so severely impacted that much of the property l'lill
not be able to be developed as a result of this proposed widening. There are
somewhere betl,een 300 and 400 acres of usable land in the industrial project
area; and it is inconceivable to him that a six-lane road with medians can be
justified. He bel ieves there are significant property owners to the east and
up on Otay t~esa who will benefit significantly from this and it certainly
should be looked at and a full report should be made as to how they are going
to benefit. The matter should be reviewed from a regional standpoint.
3B
He stated that the property owners take very serious issue '/lith the access
that is shown into their property. In fact. all along the entire frontage of
their property there is only one full signalized intersection to the east of
their property at Maxwell Road. The other intersection that is planned enters
into the Omar Rendering property. There are other traffic issues concerning
the closeness of the area Debleen Nirvana and t~axwell Road. He believes this
matter should be thoroughly reviewed by the Otay Valley Road Project Area
Committee.
Chairman Tugenberg told r'\r. Borst the public hearing would not he closed; it
would be continued and he suggested that Mr. Borst and his group might attend
the Planning Commission meeting when this item would be heard again.
110 one el se wi shi ng to speak, Chai rman Tuqenberg asked staff for thp
appropriate date to which the matter would be continued.
After discussion bet'i1een staff and Chairman Tugenberg, it was decided th~
hearing would be held the second Wednesday in Oecember (Decemher 13).
MSUC (Cannon/Shipe) to continue the public hearing to the second ;iednesday in
December.
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.,' -' , ~./ -_./
VERBATIM TRANSCRIPT OF MR. BORST - Item No.2 of Planning Commission meeting of
11/8/89
Mr. Chairman, my name is Fred Borst. I reside at 172 Landale Lane, E1 Cajon, CA
and also other members of the Commission and staff. I would like to more or less
repeat what you have already stated as a commission in your observation. I think
this is a classic example of the cart way before the horse. And, as a matter of
fact, I think it is entirely inappropriate for this matter to be before you at this
time. I'm very surprised that members of the Otay Regional, that the Otay Regional
Committee--I 'm sorry, it's the Otay Valley Road Project Area Committee--are not
here and, as you know, this is a body of people that have been set aside specifically
to work in this project area, and these are the people that staff have been working
with. I do not feel that this Environmental Impact Report is an appropriate document
for you to be reviewing at this time, because the Otay Valley Project Area Committee
is frustrated themselves by what has been an incredibly large issue concerning this
entire project, and that is something that has not been brought before them except
in the vaguest and broadest of terms and that is the cost of this project. Let
me explain to you that I am one of the property owners with the property outlined
in red and a significant portion of our property faces along Otay Valley Road and
surrounds the Animal Shelter, and so you understand that not only have I been a
property owner there since 1983; I have also been a member of the Otay Valley Road
Project Area Committee, and as since no longer being a member have attended many
of the meetings. It has been reported at the last meeting that this project is
anticipated, again in the vaguest of terms, of costing some 56 million. There is
a projected assessment district that is going to be formed and that has not been
thoroughly analyzed and I just have to tell you that I am concerned and I think
all certainly has been reflected in the minutes of the Project Area Committee that
they are very, very concerned about the cost of this, because costs have not been
analyzed and this is something that should be an integral part of this report to
determine just who is going to absorb all of this. I have sent a letter, and the
letter may be included in the materials that are in front of you. that review my
concerns not only are the costs but I take issue with one major point concerning
our ownership, and this is on page 3-38 and 39 where the report states that our
pruperty which is referred to in the report as the Walker-Scott property is not
impacted. I take very serious issue with that comment, and I don't understand how
anybody who was drafting this report could have ever made that conclusion. In
fact, our 52 acres of industrially zoned land is so severely impacted that much
of the property will not be able to be developed as a result of this proposed widening.
There are somewhere between three and four hundred acres of usable land in the project
area--the industrial project area--and it is inconceivable to me that a six-lane
road with medians can be justified and, in fact, I believe that there are property
owners--significant property owners--to the east and up on Otay Mesa who will Denefit
significantly from this, and I think it certainly should be looked at and a full
report should be made as to how they are going to be benefiting and that a matter
of this nature should be reviewed from a regional standpoint. Finally, we as DrODerty
owners take very serious issue with the access that has been illustrated and shown
into our property when, in fact, all along you see the entire frontage along :he
red line there on our property, there is only one full signalized intersection and
that is way to the east of our property line at Maxwell Road. The other full intersectic'
--or the other intersection--that is planned does not enter into our property at
all; it enters into the Omar Rendering property, and there are other traffic issues
concerning the closeness between Nirvana and Maxwell Road. I'm sorry for taklng
so much time. but I believe that this matter should be thoroughly reviewed by tne
Otay Project Area Committee meeting, should be thoroughly endorsed by them before
it is even brought to your attention, and I do not think it's an appropriate matter
for a public hearing.
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Co=ent 3
3A. See response to comment 2B. In addition, properties outside of the Redevelopment
area are being considered for inclusion in the Assessment District to finance the road
widening project.
3B. See response to comment 2C. This matter may be considered at a later date at the
request of the Otay Valley Road Project Area Committee.
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COMMENT 4
MINUTES OF A REGULAR MEETING OF
THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA COMMITTEE
Monday, September 25, 1989
9:00 a.m.
Conference Rooms 2&3
Public Services Building
ROLL CALL
11EMBERS PRESENT:
~lEMBERS ABSE NT:
ALSO PRESENT:
Chairman Heye, Members Colombo, Lichty, and Olguin
Member Casill as
Redevelopment Coordi nator Fred Kassman; Pri nci pal
Planner Dan Pass; and Fred Borst, Property Owner in
the Project Area
1. APPROVAL OF MIIJUTES OF AUGUST 28, 1989
MSUC (Heye/Lichty) to approve the minutes as mailed.
2. REVIEW OF THE EIR FOR OTAY VALLEY ROAD
Chai rman Heye
Environmental
comment.
requested any comments from Committee members concerning the
Impact Report which was submitted to the Committee for
Member Olguin questioned the proposed traffic signals at Oleander and
Brandywine Avenue. These signals seem to be very close together.
Redevelopment Coordinator Kassman responded that, although the signals are
close together, they are supposed to be electronically timed and should
not hinder traffic flow.
4A
t~ember Olguin questioned the height of the masonry sound barrier walls
which are going to be constructed adjacent to the residential properties.
Principal Planner Pass responded that that has not been detennined uS
yet. Member Lichty further questioned where the wall s woul d be
constructed. Mr. Kassman responded that they woul d 'be constructed
adjacent to the residential properties along Otay Valley Road near the
crest of the embankment. It woul d be necessary to obtai n perni ssion frof'1
the property owners to build the wall. !~ember Lichty further questioned
what protection the residents at the tor of the hill had. Further
discussion followed concerning the placement and effectiveness of the
wall. Member Polombo stated that it might be a waste to put the wall at
the bottom of the hi 11 in terms of buffer; ng noi se to the res; denti al
properties further to the north.
Mr. Fred Borst indicated that the ErR brings forth total issues to be
considered for construction of the road. He questioned the necessity of
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Otay Valley Road Redevelopment
Project Area Committee Minutes
-2-
September 25, 1989
4B
having traffic signals close together at Maxwell Road and Nirvana Avenue
as well as Oleander and Brandywine. There are important safety issues for
consideration here, particularly for Oleander and ~'axwell Road. Traffic
rounds a dangerous curve and will be confronted by two traffic signal s
which may prove to be dangerous. Mr. Borst continued that there should
only be one traffic signal at Maxwell Road. Nirvana should be connected
to Maxwell by a new connector road.
Mr. Borst continued that he felt the entire concept of the six-lane major
arterial roadway was too financially ambitious for the project area. If
the ultimate development to the east and south requires a six-lane major
arterial road, then those people benefiting from that road should absorb
4C some of the cost. Four lanes are enough to provide service to the project
area. Mitigation for 2 acres of wetland alone has been estimated at
approximately $800,000 per acre. There is no justification for this
grandiose a road project in consideration of the few property owners that
wi 11 have to pay for it.
Chairman Heye agreed with Mr. Borst indicating that the whole road project
has gotten out of hand. It is imperative that a budget be prepared and
submitted now and that the cost needs to be considered since it may very
4D well be too great for the land owners in the project area. Member Lichty
questioned whether LAFCO can dictate how the financing of a road can be
apportioned out. Mr. Pass responded that there are some subventions which
are available and are handled through SANDAG. This bOdy should have been
involved early in the planning process.
Chairman Heye continued that he feels deceived. When, he first developed
in the project area years ago, there lias nothing said about a 128-foot
4E wi de major thoroughfare. If that 1 arge a faci 1 ity is constructed in the
project area, it will encourage more traffic usage by people outside the
proj ect a rea.
Mr. Borst continued that this subject was brought up a long time ago, ano
City staff indicated that engineering studies required a' six-lane major
arterial with a median strip. Member Polombo added that it may be hetter
to wait until there are more people in the project area to share the costs,
Chairman Heye sumnarized that there are three major issues which are
4F becoming apparent. The first is the size of the road and related cost,
the second are the location of the stop lights, and the third involved the
noise attenuation wall.
Member Lichty suggested that Principal Community Development Specialist
Robin Putnam and the consultant engineers come back for more discussions
concerning the road before a final decision is made. Fred Borst indicated
that Leedshill Herkenhoff, the consulting engineering firm for the
project, should be preparing cost estimates at this time.
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. I
Otay Valley Road Redevelopment
Project Area Committee Minutes
-3-
September 25, 1989
Redevelopment Coordinator Kassman indicated that review and approval of
the EIR was not tantamount to project approval. If the EIR is approved, a
four-lane road project could still be considered as well as a six-lane
project. Chairman Heye suggested it would be advisable to make comments
for the EIR which will be reviewed by the Planning COMmission on October
11. Chai man Heye further proposed that the Project Area Commi ttee make
the following findings:
4G 1)
2)
The road proj ect is di sproporti ona te ins i ze to the development in
the project area and may be cost prohibitive.
Should traffic levels in the area increase to higher-than-anticipated
levels, noise barriers should be considered for the residential areas
to the north of Otay Valley Road including Bon Vivant and Rrandywine
Townhomes.
3) Consideration should be given for the combining of traffic signals at
Maxwell and Ni rvana and provi di ng a pass-through roadway connecti ng
the two streets.
MSUC (Heye/Licty) to adopt these recommendations and direct staff to pass
them on to the Planning Commission for review and consideration of
adopting the ElR.
3. PROPOSAL TO DEVELOP A 13,000 SQ. FT. INDUSTRIAL BUILDING BY JOSEF SEDIVEC
Principal Planner Pass indicated that the environmental clearance has not
been received as yet for this project. The Committee cannot review it
until the environmental documentation is complete. The project will be
placed on a subsequent agenda for review by the Committee.
t~ember Polombo indicated that he may have a conflict of interest in
revie~/ing this project since his property is contiguous to th~ subject
development site.
4. ORAL COMt~UNICATIONS
There were no oral communications.
5. CHAIRMAN'S REPORT
Chai rman Heye handed out copi es of a recent edi tori al from the Star-News
on the proposed auto park on East "H" Street which al so mentioned Otay
Valley Road as a previously considered location.
Chairman Heye indicated that he had recently driven uo Nirvana and Ener~y
Hay and noticed that several of the auto recyclers had constructed stucco
walls with concertina wire on their sites. I~r. Kassman indicated that
staff had taken note of these and that they \,ere not approved by the
Pl anni ng Depa rtment. Noti ces were sent to the property owners i ndi ca ti ng
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Otay Valley Road Redevelopment
Project Area Committee Minutes
-4-
September 25, 1989
that any proposed construction on sites should be submitted to the
Planning Department for review and approval before construction or the im-
prov~ments may be required to be demolished.
6. MEMBERS' COMMENTS
There were no members' comments.
7. STAFF COMMENTS
There were no staff comments.
8. ADJ OURNMENT
The meeting adjourned at 10:19 a.m. to the next regularly scheduled
meeting of October 9, 1989, at 10:00 a.m.
er
WPC 4235H
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Comment 4
\
4A. The planned nOise wall will be located at the top of the slope of the twelve
residential parcels (that are located from 1-805 east to Oleander Avenue) that back
up to Otay Valley Road. The wall was located to minimize adverse impacts to
residents from noise generated by traffic on Otay Valley Road.
No noise mitigation is proposed for residential uses on the hill. because the noise
from Otay Valley Road traffic will not result in noise levels exceeding community
standards in those areas.
4B. The connection of Maxwell Road and Nirvana Avenue is not proposed as a part of
this project. Because of site distance limitations, resulting from the curve east of
Nirvana on Otay Valley Road, the signal at the Nirvana Avenue intersection with
Otay Valley Road will be installed as a part of the Phase I construction project.
4C. See response to Comment 3A.
4D. See response to Comment 2C.
4E. Comment noted, no response necessary.
4F. Comment noted, no response necessary.
4G. See response to Comments 2C and 3A.
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5D
CQMMENL5
TO:
Christine Keller, Keller Environmental
, ,1.,
Rob~n Putnam, Pr~nc~pal Community Development
Specialist
FROM:
SUBJECT:
Comments from Ted Hale of H.G. Fenton Materials
Co. on the Otay Valley Road Widening Draft EIR
The following issues were raised by Mr. Hale at a meeting
with Doug Reid and I on Thursday September 21, 1989.
5A
Mr. Hale expressed a concern with the last provision on page
3-28 under Mitiqation. He objected to the construction
corridor on the property under Fenton ownerShip being
recontoured to lower than existing levels following
construction. To respond to his concern, I suggest the
mitigation measure be modified to change the reference from
". . . recontoured to natural or lower levels... II to simply
"...recontoured to natural levels...".
5B
Mr. Hale was concerned about access to the property south of
the proposed Otay Valley Road. Leedshill-Herkenhoff will be
preparing a design for a driveway access which will be
co~pleted for consideration in the Final EIR.
5C
On page ]-48 and ]-50, there is
plant is operated by Fenton
clarified that the rock plant is
an indication that the rock
Haterials Co. Mr. Hale
operated by Nelson & Sloan.
On page ]-84 under I~Dacts, Hr. Hale requested clarification
on the .....idth of the area to. be landscaped east of Maxwell
Road. In the area east of :'!aX".iell Road, the landscaping
....ill cnly cover the slopes dawn to the wetland boundary and
~ay ~o~ include the full 20-foot landscaped area.
OVRCC:!
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Comment 5
SA. This comment is noted and changed in the EIR text.
5B. A driveway to access the Fenton property is proposed as part of the road widening
project.
5C This comment is noted and changed in the EIR text.
50. This comment is noted and clarified in the EIR text.
- 16 -
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,
DRAFT
ENVIRONMENTAL IMPACT REPORT
OTAYVALLEY ROAD WIDENING PROJECT
.
,r:
Prepared for:
Prepared by:
The City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Keller Environmental Associates, Inc.
964 Fifth Avenue, Suite 535
San Diego, CA 92101
August 10, 1989
J l<i3
TABLE OF CONTENTS
Title
~
1-1
1-1
1-3
1-3
1-4
1.0 INTRODUCTION
1.1 Purpose
1.2 Need for the Project
1.3 Subsequent EIR Processing and Review
1.4 Executive Summary
2-1
2-1
2-1
2-3
2-4
2,0 PROJECT DESCRIPTION
2.1 Location
2.2 Project Characteristics
2.3 Project Phasing and Schedule
2.4 Related Projects
Geology /Soils/Mineral Resources/Seismic
Safety
Hydrology/Water Quality
BIOlogy
Landform Alteration
Land Use
Agriculture
Parks/Recreation/Open Space
Traffic
Archaeology/History/Paleontology
Air Quality
Noise
Aesthetics
Community Social Factors
Community Tax Structure
Utility Services/Energy Conservation
Threshold/Standards
3-1
3-1
3-9
3-16
3-29
3-31
3-39
3-42
3-45
3-55
3-66
3-74
3-82
3-85
3-87
3-88
3-90
3.0 ENVIRONMENTAL ANALYSIS
'-
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
.'"!.
4,0 ALTERNATIVES
4-1
4.1 No Project Alternative
4.2 Alternative 1
4.3 Alternative 2
4-2
4-2
4-3
5.0 UNAVOIDABLE SIGNIFICANT ENVIRONMENTAL EFFECTS 5-1
6.0 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF
THE ENVIRONMENT AND THE MAINTENANCE AND
ENHANCEMENT OF LONG-TERM PRODUCTIVITY 6-1
} J- ~L!
Title
~
7.0 IRREVERSIBLE ENVIRONMENTAL CHANGES THAT WILL
RESULT FROM TIlE PROPOSED PROJECT 7-1
8.0 GROwrn INDUCING IMPACT OF TIlE PROPOSED PROJECT 8-1
8.1 Existing Conditions 8-1
8.2 Growth Projections 8-2
8.3 Constraints to Development 8-3
8A Growth Inducement 8-5
8.5 Secondary Effects 8-7
9.0 CERTIFICATION OF ACCURACY AND QUALIFICATIONS 9-1
10.0 ORGANIZATIONS AND PERSONS CONTACTED 10-1
11.0 REFERENCES 11-1
11
"J j '- 1_,,;;-
LIST OF FIGURES AND PLATES
Follows
Section Title Pa~e
2,1-1 Locational Map 2-1
2,1-2 Vicinity Map 2-1
2.2-1 Aerial Photograph 2-2
2.2-2 Proposed Project Rir,ht-of- Way 2-3
2.2-3 Proposed Roadway esign 2-3
22-4 Cross-section of Road Design 2-3
22-5 Phase I Design 2-4
2A-1 Proposed Development 2-4
3,1-1 Geologic Formations Map 3-1
3,1-2 Soils 3-3
3.1-3 Fault Location and Movement in Project Vicinity 3-4
3.1-4 Mineral Resources 3-5
3,1-5 Landform Modification and Construction Area 3-6
32-1 Existing Drainage and Drainage Facilities 3-10
3.3-1 Vegetation 3-16
3.3-2 Sensitive Biological Resources 3-16
3A-1 Landforms 3-29
3,5-1 Existing Land Use 3-31
3,5-2 General Plan Categories 3-32
3.5-3 Zoning 3-32
3.5-4 Other Jurisdiction's General Plans Categories 3-32
3,8-1 Existing Daily Traffic Volumes 3-47
3,8-2 Buildout Network Forecast Daily Traffic Volumes 3-47
3,8-3 Buildout Networrk Forecast Morning Peak Hour
Turning Movement Counts 3-49
H-4 Buildout Network Forecast Afternoon Peak Hour
Turning Movement Counts 3-49
H-5 Lane Conf~rations Assumed for Buildout Network
Forecast I U Calculations 3-49
3.8-6 Schematic of su&gested Short Term Intersection
Improvements tay Valley Road/Rock Plant Access 3-54
4A-1 Project Alternatives 4-1
Plate 1
Plate 2
Existing Roadway Characteristics
Land Uses South of Otay Valley Road and
Land Uses North of Otay Valley Road
Representative Rural Views South of Otay Valley Road
2-2
Plate 3
3-32
3-83
-
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-.";
:!
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III
G /
?)7rt:
/
LIST OF TABLES
Follows
Section Title Pa\:e
1-1 Executive Summary 1-4
2.4-1 Proposed and Planned Projects in the Area 2-4
3.2-1 Runoff to Culverts 3-10
3.2-2 Estimated Capacities of Existing Culverts 3-10
3.8-1 Comparison of ExistintPaily Traffic Volumes and
City's Recommended aximum Daily Traffic Volumes 3-47
3.8-2 Comparison of Build-out Network Forecast Daily
Traffic Volumes and City's Recommended Maximum
Daily Traffic Volumes 3-48
3.8-3 Build-out Network Forecast Intersection Peak Hour
Levels of Service 3-49
3.10-1 Ambient Air Quality Standards 3-69
3.10-2 Chula vista Area Air Quality Monitoring Summary,
1983-1987 3-69
3.10-3 Future Otay Valley Road Widening Microscale Air Quality
Impacts 3-73
3.11-1 Existing Traffic Noise Environment - Otay Valley Road 3-77
3.11-2 Community Noise Equivalent Levels (dB CNEL) Adjacent to
Otay Valley Road 3-79
3.11-3 Peak Hourly Noise Levels (dB LEQ) Adjacent to Otay
Valley Road 3-80
IV
-: ) - '77
1.0 INTRODUCTION
1.1 PURPOSE
The City of Chula Vista is proposing to widen Otay Valley Road from Interstate 805
to the eastern City boundary. The purpose of this Environmental Impact Report
(EIR) is to analyze the environmental and social consequences of widening the
existing two lane Otay Valley Road to a six lane prime arterial. This EIR has been
prepared in accordance with the criteria, standards and procedures included in:
o The California Environmental Quality Act of 1970 (CEQA), as amended
(Public Resources Code, Sections 21000 et seq.);
o The State CEQA Guidelines (California Administrative Code, Sections
15000 et seq.);
o The Environmental Review Procedures of the City of Chula Vista; and
o The regulations, requirements and procedures of the California Department
of Fish and Game. In case of conflict, the City of Chula Vista's requirements
will prevail.
In accordance with Section 15367 of CEQA Guidelines, the City of Chula Vista has
been designated the Lead Agency and, as such has the principal responsibility for
processing the project in compliance with CEQA requirements. The California
Department of Fish and Game is a Responsible Agency, and will process a
Streambed Alteration Agreement with the City. The proposed project will also
require a Section 404 permit from the Army Corps of Engineers (ACOE) since the
project will entail dredging and filling of the Otay River. The U.S. Fish and Wildlife
Service will advise the Corps on matters related to biological resources. The ACOE
will be responsible for preparing an Environmental Assessment (EA) for the project
in compliance with the National Environmental Policy Act (NEPA).
No Initial Study was prepared for the project. Section 15060 (c) of the California
Administrative Code, within the State CEQA Guidelines, specifies that, if the Lead
Agency can determine that an EIR will clearly be required for a project, an Initial
Study is not required. The necessity for an EIR production and the scope of the
1-1
_3)-')/(
required analyses were determined by the City of Chula Vista's Environmental
Review Coordinator after consultation with other members of the Community
Development Department and after responses were received following the Notice
of Preparation. Preparers of, and contributors to, this report are listed in Section 9.
Key contact persons are:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Mr. Doug Reid, Environmental
Review Coordinator
(619) 691-6104
Ms. Robin Putnam, Community
Development Specialist
(619) 691-5047
Environmental Consultant:
Keller Environmental Associates, Inc.
964 Fifth Avenue, Suite 535
San Diego, CA 92101
Ms. Christine Keller, Principal
(619) 544-1414
An effort was made during the preparation of this EIR to contact all agencies,
organizations, and persons who would either be affected or have an interest in this
project. Information, data, and observations resulting from these contacts are
included where relevant. All interested agencies and persons will have the
opportunity to comment on the EIR during the public review period. Comments
received by the City of Chula Vista as well as responses to these COmments will be
included in the Final EIR.
1-2
):(-7;'
1.2 NEED FOR THE PROJECT
The proposed project is in accordance with the goals and objectives of the adopted
Otay Valley Road Redevelopment Area Redevelopment Plan (1983) that
specifically calls for the "elimination of environmental deficiencies including
inadequate street improvements, . . . utility systems and. . . public services" (Section
4.00.10.4). The Redevelopment Plan further calls for the "development of a more
efficient and effective circulation corridor system free from hazardous vehicular,
pedestrian, and bicycle interfaces" (Section 400.10.5). The proposed project
consequently represents a major City of Chula Vista action towards the
implementation of the Otay Valley Road Redevelopment Area Plan.
In addition, the widening of Otay Valley Road is consistent with the City of Chula
Vista's draft General Plan Update (January 1989) which designates Otay Valley
Road as a six lane prime arterial and major street.
1.3 SUBSEQUENT EIR PROCESSING AND REVIEW
The roadway design for the Otay Valley Road Widening Project has been
established from I-80S to approximately 400 feet west of the City's incorporated city
limits. The final roadway design for the western 400 foot roadway section within the
City of Chula Vista will be completed in coordination with the County of San
Diego's planning of the proposed Paseo Ranchero Road. This planned county road
will intersect Otay Valley Road in the vicinity of the City's incorporated limits.
For the purposes of this EIR, environmental resources and potential impacts are
evaluated for an entire roadway right-of-way within the City's limits. In accordance
with Section 15182 of the CEQA guidelines, if a subsequent phase facility is found
to be consistent with the preliminary roadway right-of-way assessment at the City's
eastern limits, then additional environmental documentation may not be required.
Conversely, it may be determined that there are some minor changes requiring
documentation, but which do not result in any significant impact. In this case, a
Negative Declaration would be prepared and reviewed. If potentially significant
impacts are identified in subsequent review of the Paseo Ranchero Road and Otay
Valley Road intersection requirements, the County of San Diego's EIR for Paseo
1-3
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---
Ranchero Road will address the impacts associated with this easternmost section of
the Otay Valley Road Widening Project.
1.4 EXECUTIVE SUMMARY
The remainder of this section summarizes the significant and adverse impacts cited
to occur as a result of approval, construction and operation of the Otay Valley Road
Widening Project. This summary is contained in Table 1-1, and lists by each
resource issue the environmental impacts and mitigation measures that are
recommended to reduce impacts to insignificant levels.
1-4
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Figure 3,1-2 shows the distribution of soil types according to the Soil Conservation
Service's (SCS) Soil Survey, 1973. Soil types identified in the project area include:
(1) Salinas clay loam, 2-9% slopes, symbolized by SbC: (2) Olivenhain-Urban Land
Complex, 2-9% slopes, symbolized by OkC; (3) Olivenhain-Urban Land Complex, 9-
30% slopes, symbolized by OkE; (4) Terrace Escarpments, symbolized by TeF; (5)
Riverwash, shown as Rm; (6) Olivenhain cobbly loam, 9-30% slopes, shown as OhE;
(7) Linne clay loam, 9-30% slopes, symbolized as LsE; and (8) Gravel Pits,
indicating the present or past course of the riverbed,
The Salinas clay loam, (SbC soil type) is located along both the north and south
sides of Otay Valley Road in roughly the western two-thirds of the project vicinity,
The SbC soils occur on land that is gently to moderately sloping and where runoff is
slow to moderate. The erosion hazard of SbC soils is slight to moderate. This soil
type has good potential for agricultural use, however, much of the area covered by
these soils has already been developed for light industrial uses. The only remaining
agriculture along Otay Valley Road is on SbC soils and is discussed further in
Section 3,6, The road also crosses the Gravel Pit and Olivenhain OkC soil types,
The Gravel Pit soil type is crossed by Otay Valley Road in the eastern third of the
project area, while the OkC is crossed in the northwestern part of the study area.
The OkC soils in the northwestern portion of the project area have been developed
primarily with single-family homes,
The TeF soils are located adjacent and north of Otay Valley Road on the steep
hillsides in the eastern third of the project vicinity, These soils typically occur on
steep to very steep escarpments and escarpment-like landscapes. In most places,
there are 4 to 10 inches of loamy or gravelly soil over soft marine sandstone, shale,
or gravelly sediments,
The remaining soil types, including the Riverwash (Rm), Linne clay loam (LsE),
Olivenhain urban land complex, 9-30% slopes (OkE) and Olivenhain cobbly loam
(OhE), are found in lesser amounts along the outer edges of the project area.
2. Seismic Safety
The project area is in a seismically active region, as is all of southern California.
The nearest faults capable of causing major earthquakes are the Elsinore Fault,
3-3
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PROJECT DESCRIPTION
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LOCATION
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The proposed Otay Valley Road Widening Project is located within the City of
Chula Vista, California, approximately eight miles north of the U,S.)Mexican
border and approximately the same distance south of downtown San Diego, The
project site is located in the extreme southeast corner of the City approximately 3,5
miles north of the international border (see Figure 2,1-1).
Otay Valley Road is proposed to be widened from Interstate Highway 805 (I-80S) to
the eastern City boundary. This portion of Otay Valley Road is approximately 8,800
linear feet in length and crosses lands within the City of Chula Vista's Otay Valley
Road Redevelopment Project Area, The County of San Diego is located adjacent to
and east of the project, and City of San Diego incorporated city lands are
approximately 750 to 3,900 feet south of the project (see Figure 2,1-2).
2.2 PROJECT CHARACTERISTICS
2.2.1 Existin!: Road Characteristics
Within the City of Chula Vista, Otay Valley Road extends from I-80S to the Rancho
Otay (Estudillo) boundary. The Otay River lies from approximately 250 to 1,400
feet south of the road in this area, Otay Valley Road turns south at the Rancho
Otay boundary, crossing both San Diego County and City of San Diego lands before
its connection with Heritage Road,
Within the project area, Otay Valley Road isa two lane road that varies in right-of-
way width. From I-80S to east of Nirvana Road (approximately 1500 linear feet),
existing curb and gutter improvements have been made along most of the road's
northern boundary. East of Nirvana Road, Otay Valley Road is a two-lane country
road with no improvements on either the north or south side of the roadway.
Existing "T' intersections are on the north side of the road at Oleander Avenue,
Brandywine Avenue, Delniso Court, Maxwell Road and Nirvana Road, Existing
traffic control measures include two-way stop signs at these intersections, as well as
a center northbound turning lane at Brandywine Avenue and Maxwell Road and a
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left turn pocket at Nirvana Avenue, Plate 1 shows photographs of the existing
roadway characteristics and Figure 2.2-1 is an aerial photograph of the project site,
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2.2.2 Prooosed Roadwav Desim
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The proposed project is to widen Otay Valley Road to a six-lane prime arterial
within a 128 foot right-of-way, The roadway will have a design speed of 55 miles per
hour. Project elements include a 16 foot landscaped median, six 12 foot driving
lanes, two 8 foot emergency parking lanes and 12 feet behind each shoulder curb for
sidewalks, landscaping and utilities.
A precise design has been determined for the roadway from 1-805 to within 400 feet
of the City's eastern city boundary limits, The proposed project design includes the
following transportation elements:
o The restriping of Otay Valley Road under the I-80S interchange to create
duel left turn lanes onto I-80S north;
o Median breaks and left turn lanes on eastbound Otay Valley Road onto
Oleander Avenue, Brandywine Avenue, Delinso Court, Maxwell Road and
Nirvana Avenue;
o Left turn lanes on Oleander Avenue, Brandywine Avenue, Maxwell Road
and Nirvana Avenue onto eastbound Otay Valley Road;
o Ultimate design for double left turn lanes on eastbound Otay Valley Road at
Maxwell Road and Nirvana Avenue;
o A new intersection at Roma Court;
o A "U" turn lane on westbound Otay Valley Road at Maxwell Raod that will
accommodate a roadway intersection to the south at a future date if
development occurs; and
o Traffic control measures including stop signs or signals at the intersections of
Oleander Avenue, Brandywine Avenue, Maxwell Road and Nirvana Avenue
in accordance with traffic needs,
Paseo Ranchero Road will intersect with Otay Valley Road at a point near the
incorporated city limits, The ultimate design in this part of Otay Valley Road will
accommodate the future alignment of Paseo Ranchero, The project design at the
City's eastern city limits will be finalized at a latter date in conjunction with the
2-2
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Existing 2 Lane Section With No Roadway Improvements
Existing 2 Lane Section Wlth Curb And Gutter Improvements And Center Turning Lane
PLATE 1 EXISTING ROADWAY CHARACTERISTICS
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County of San Diego's design of Paseo Ranchero Road, The proposed location for
the right-of-way is shown on Figure 2.2-2. The proposed roadway plan and a right-
of-way cross section are shown on Figures 2,2-3 and 2.2-4.
2.2.3 Utilities
Existing utilities paralleling Otay Valley Road include electrical, telephone, gas, and
cable TV lines. As part of this project, the above ground electrical lines on the
south side of Otay Valley Road will be undergrounded, Similarly, gas, telephone
and cable TV lines will be undergrounded within the 128 foot roadway right-of-way.
Overhead electrical lines located on the north side of Otay Valley Road will remain
above ground.
In addition to the existing utilities, a water line will be installed for the Otay
Municipal Water District. From the project's western boundary near I-80S to
Brandywine Avenue, a 12 inch water line will be installed to service future
development on the south side of Otay Valley Road. From Nirvana Avenue to
Maxwell Road, a 16 inch water line will be installed to service future development
at the Otay Rio Business Park and east of City boundaries, No additional new
utilities will be installed in conjunction with this project. The proposed water line
will be undergrounded within the 128 foot roadway right-of-way.
2.3 PROJECT PHASING AND SCHEDULE
The proposed road widening will occur in two phases, Construction of Otay Valley
Road from I-80S to Nirvana Avenue will begin in 1990 and will require
approximately six month to complete, East of Nirvana Avenue the widening of Otay
Valley Road will occur in conjunction with future development needs and available
financing. It is anticipated that Phase II will be constructed within five years of
Phase I completion,
Phase I will include full roadway improvements from I-80S to approximately 700
feet east of Nirvana Avenue, Phase I will provide for three westbound lanes from
Nirvana Avenue to I-80S. Three eastbound lanes will be stripped from I-80S and
will transition to two lanes, approximately 1,160 feet west of Maxwell. Two
eastbound lanes will be stripped between Maxwell and Nirvana Avenue, during
2-3
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from two lanes to one lane. Left turning lanes will also be provided for the
intersections of Otay Valley Road with Maxwell and Nirvana. A signal will be
installed at Nirvana Avenue as part of Phase I. The signal is being installed as a
safety measure due to line of sight restrictions in this vicinity, Figure 2,2-5 shows the
Phase I roadway plan. Phase I will be in operation in 1990,
Phase II will extend the widening of Otay Valley Road to six lane prime arterial
standards from Nirvana Avenue to the eastern project boundary. Completion of
Phase II construction will result in the ultimate roadway plan, as shown on Figure
2.2-3,
2.4 RELATED PROJECTS
Develooment Proiects
The City of Chula Vista, City of San Diego and County of San Diego Planning
Departments were contacted to obtain data on development projects and road
improvement projects which are under construction, approved, or proposed in the
general study region. The growth inducement and cumulative impact analyses were
carried out based in part on these projects, Figure 2.4-1 identifies the development
projects and areas covered in these analyses, and Table 2.4-1 includes a brief project
description and current status of each.
Transoortation Proiects
Two related roadway improvement projects are planned in the eastern part of the
project area. The County of San Diego is planning the construction of Paseo
Ranchero Road from north of east "H" Street in the County of San Diego to I-90S.
An intersection of Paseo Ranchero Road and Otay Valley Road will be provided at
a point near the City's incorporated eastern city limit boundary, The specific
schedule for this project has not been determined at this time, In addition, the
widening of the current Otay Valley Road alignment south and east of the project
area, across the Otay River, will occur in accordance with the terms and conditions
of the City's Development Agreement with the Chillingsworth Corporation for the
Otay Rio Business Park. The schedule for this project has not been determined and
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will be timed with the planning of Paseo Ranchero Road and increased traffic levels
resulting from developemnt transportation requirements,
Finally, the California Department of Transportation is responsible for the Otay
Valley Road and I-80S interchange, The City of Chula Vista has requested that
Caltrans evaluate signalization requirements at Otay Valley Road and I-80S.
2-5
./ - / ~~) :t
3.0 ENVIRONMENTAL ANALYSIS
3.1 GEOLOGY/SOILS/MINERAL RESOURCES/SEISMIC SAFETY
A. Proiect Settin!!
1. Geology and Soils
The Geotechnical Feasibility Investijl:ations, Widenin~ of Otav Valley Road, I-80S
Freeway to 9500 Feet East, Chula Vista, California (San Diego Geotechnical
Consultants, Inc" 1988) was prepared for this project, and serves as the major data
source for this EIR section, In addition, numerous environmental documents
prepared for projects in the general project vicinity have been reviewed for their
applicability to the project area,
Geologic Limits
The project site lies within the Peninsular Ranges geomorphic province of
California, Most of this province consists of rugged mountain ranges aligned along
structurally controlled northwest-to-southwest trends, with a narrow coastal plain
along the west edge. The project site is in this coastal plain section, where it is
underlain by non-marine sediments of Cenozoic age. The geologic units in the
project vicinity include the Otay Formation and Alluvium and are shown on Figure
3.1-1.
The Otay Formation underlies the entire project area at depth and is present in
outcroppings on the eastern part of the project area, This Oligocenage formation
consists primarily of light gray, silty, fine,to medium-grained sandstone with
interbeddings of reddish brown, bentonitic siltstones and claystones, The
unweathered rock is generally dense to very dense, and the bedding of claystones
and bentonite siltstones is typically two to three feet in thickness, The suitability of
these materials for use as road subbase ranges from fair for the sandstones to poor
for the bentonitic clays, The presence of bentonite clay layers causes the Otay
Formation to be susceptible to landslide (City of Chula Vista, 1974), Otay
Formation materials are suitable for use in compacted fills and for support of fills or
structural loads.
3-1
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Two levels of stream terrace deposits of Quarternary age are present over the
project area, The deposit on the eastern hilltops consist of light orange brown to
brown, fine- to coarse-grained sand with abundant cobbles up to one foot in
diameter. In the western part of the site, the deposit includes gravelly sands with
some silt and clay in a generally fining-upwards sequence, Terrace deposits are
usually medium dense to dense; friable zones may present erosion or stability
problems with cut slopes, The suitability of these materials for road subbase is
expected top be fair to good for the cobbly sands, Except for the upper 2 to 3 feet,
which may be soft to loose, the terrace deposits are suitable for the support of fill or
structural loads. They are also suitable for use in compacted fills, provided that
oversized cobbles are removed or otherwise properly handled.
Alluvial deposits are found in the swales and small gullies in the project area, as well
as in the bottom of the Otay Valley to the south. Alluvial soils are mostly derived
from the geologic units described above and are discussed in the following section,
Typically, up to 10 feet of alluvium may be present in the side gullies where they
cross the road alignment, Alluvium is not considered suitable to support structural
loads or compacted fill.
Topsoil/colluvium deposits form a mantle of variable thickness on the project site.
Colluvial deposits are accumulated by slope wash of weathered bedrock materials
and topsoil creep, Topsoil and colluvium deposits range in depth from three to six
feet and are not considered to be suitable to support structural loads or compacted
fill.
Soil Tvoes
Within the project area, soils consist primarily of Salinas clay loam and stream
sediments of recent and historical origins. Other soils present include riverwash,
terrace escarpments, Linne clay loam and Olivenhain complexes, The stream
sediments are located in the floodway and floodplain of the Otay River and the
Salinas clay loam is found on 2 to 9% slopes above the floodplain. The Salinas clay
loam has moderate shrink-swell potential, while the stream alluvium is mostly sand
and gravel. Soils in the northeastern part of the project area consist primarily of
terrace escarpments,
3-2
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approximately 40 miles to the northeast, and the Coronado Banks Fault,
approximately 14 miles to the west (see Figure 3.1-3), The Elsinore Fault is thought
to be capable of producing an earthquake of magnitude 6 to 7,5, A magnitude 6.5
quake on this fault might be expected to produce a ground acceleration of about
0.08g at the project site (Seed and Idriss, 1982), The offshore Coronado Banks fault
could result in a peak bedrock acceleration of O,12g (San Diego Geotechnical
Consultants, Inc., 1988; Leedshill-Herkenhoff, 1988),
The La Nacion Fault Zone crosses the road alignment, probably as a wide band of
numerous north/south trending fault splays. The La Nacion Fault Zone extends
from near Mission Valley in the north to San Ysidro in the south, There is evidence
of movement along the fault in Quarternary time (past two million years), This fault
zone is classified as potentially active, since no displacement of sediments younger
than 11,000 years has been observed, Based on work by McEven and Pinckney
(1972) the Seismic Safety Element of the Chula Vista General Plan (1974) indicates
that the fault is capable of generating a magnitude 6.8 earthquake with an
associated peak bedrock acceleration of 0.4 of one gravity force (g). In the project
area, the fault trace is obscured by alluvium and terrace deposits but has been
mapped in the central portion of the study area (San Diego Geotechnical
Consultants, Inc., 1988).
The only effect expected in the project area from an earthquake on the Elsinore or
Coronado Banks Faults is earth shaking, Liquefaction of road foundation materials
is highly unlikely. If an earthquake occurs on the La Nacion Fault, it is possible that
fault rupture and shallow ground failure could occur. The probability of ground
rupture on the La Nacion Fault is considered to be very remote, however.
3. Minerals
The State of California Department of Conservation, under the direction of the
State Mining and Geology Board, has designated certain areas as "regionally
significant construction aggregate resource areas," In order to meet the high
demand in San Diego County for construction quality aggregate, areas with known
or likely significant deposits of these mineral resources have been identified and
mapped, A substantial amount of this resource is present in the County, but urban
expansion has been a major cause of a decline in the availability of the resource,
3-4
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MOVEMENT IN PROJECf VICINITY
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LEEDSHILL - HERKENHOFF. INC.
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The State Mining and Geology Board has designated the Otay River Valley and
adjacent mesa areas as Mineral Resource Zone 2 (MRZ-2), indicating that
significant mineral deposits are likely to be present, based on geologic principles
and adequate data. The Otay Valley MRZ-2 zone encompasses the eastern section
of the project area. Overall, the zone extends from near I-80S upstream to the head
of Otay Valley (see Figure 3,1-4). It covers 2,780 acres and is estimated to contain
10 million short tons of sand and gravel, including reserves (California Department
of Conservation, 1985). Chula Vista has two types of sand and gravel deposits: river
and marine terrace. The river deposits are the most usable of the two because they
are well-sorted, have a high degree of uniformity, and are generally free of residual
debris, This type of deposit is found in the gravel pits area in the eastern portion of
the project area.
The Surface Mining and Reclamation Act (SMARA) requires that a lead agency's
land use decisions involving designated areas be in accordance with its mineral
resource management policies, Also, in determining land use in aggregate-
designated areas, the lead agency "must balance mineral value against alternative
land uses and consider the importance of the designated mineral resources to their
market region as a whole, and not just their importance to the lead agency's area of
jurisdiction" (Department of Conservation, 1985),
The State Mining and Geology Board has adopted mineral resource goals and
policies to guide local governments in the use of the SMARA process, One such
goal that is relevant to the proposed project states that "Mineral lands classified as
MRZ-2 or designated as areas of regional significance should be protected from
preclusive and incompatible land uses so that the mineral resources within these
lands and areas are available when needed." Incompatible land uses are defined as:
Land uses inherently incompatible with mining and/or that require a
high public or private investment in structures, land improvements,
and landscaping and that would prevent mining because of the higher
economic value of the land and its improvements.
The Conservation Element of the Chula Vista General Plan states that "extensive
sand and gravel deposits represent Chula Vista's most important mineral resource,
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both in terms of quantity and economic value." The City recognizes that deposits
are of sufficient size to be economically recoverable, but that continuation of
"current development practices could result in their being rendered inaccessible or
unusable." One of the stated objectives of the Conservation Element is "to protect
and manage sand and gravel resources for the benefit of the general public." One of
the policies is that "suitably located sand and gravel deposits should be preserved
and land use practices which will insure that these resources remain accessible for
utilization now and in the future should be fostered" (City of Chula Vista, 1973a),
An analysis of particles was made by San Diego Geotechnical Consultants at seven
test borings in the project area, Based upon the particle size analysis of typical
borings throughout the project, gradations do not meet the AASHTO specification
for Fine Aggregate for Portland Cement Concrete since the material contains too
many fines,
AASHTO M6-81 SPECIFICATION
Gradation M6-81 Test Borings
Sieve o/c Passing B-1 B-2 B,3 B-4 B-7
3)8" 100 100 96 100 100 100
No.4 95.100 100 96 100 100 99
No, 16 45-80 95 92 92 97 97
No,50 10-30 80 79 72 86 95
No, 100 2-10 64 64 59 72 86
B, Imoacts
1. Geology and Soils
The proposed project would entail grading of the site in preparation of roadway
construction, The maximum slopes proposed are a ratio of 2,0 horizontal to 1.0
vertical. Two to one (2:1) slopes are proposed from Maxwell Road to the eastern
project boundary, From I-80S to Maxwell Road, four to one (4:1) slopes will be
conslructed,
The Phase I and II roadway construction would require approximately 190,000 cubic
yards of borrow and approximately 27,000 cubic yards of excavation, Figure 3,1-5
shows areas where cut and fill will be required, It should be noted that the project
3-6
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will include the placement of fill within the 128 foot right-of-way from I-80S to the
eastern City boundary. As shown on Figure 3,1-5, only one relatively minor cut will
be necessary east of Nirvana Avenue for a length of approximately 30 feet. This cut
will he made north of the existing roadway to provide adequate line of sight at the
Otay Valley Road and Nirvana Avenue intersection.
fJ
During project construction, increased soil erosion, runoff and silting could occur in
Ihe Otay River. Increased erosion is most likely to occur in the winter season, when
precipitation is likely, After the roadway is constructed, impacts could occur from
the unstable, compressible and expansive deposits found in the project area, The
prohlem deposits are the river wash and stream sediments and clay loams found in
the area, These materials within the roadway bed will be removed or stahilized
hefore construction can hegin,
2, Seismicity
No impacts are expected due to construction of the roadway, No earth stabilization
in the soils which the road will be construcled on is required, Liquefaction of road
foundation materials is believed to he unlikely, A major earthquake could cause
significant damage to the roadway, but threat to life is considered minimal. Since
the road is not defined as a critical structure under Section 2312-k of the Uniform
Building Code, and since the chance of rupture is very remote, special preventative
measures are not justified,
3. Minerals
Portions of the road widening project lie within the MRZ-2 classified lands, There
is presently a large sand and gravel operation in the area east of the project. This is
not within the 400 foot project area,
The Surface Mining and Reclamation Act (SMARA) of 1975 provides that the State
Geologist classifies mineral lands on the hasis of geological factors, Existing land
use, such as Otav Vallev Road, is not considered. Mineral lands classified MRZ-2
o 0
with regional significance are to be protected from preclusive and incompatihle land
uses so that the mineral resources are available when needed, Widening of Otay
Valley Road could be considered a preclusive land use, as it would prevent mining
3-7
I '? ,/
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of aggregate lying under it. The State Mining and Geology Board (Department of
Conservation) would normally identify development of incompatible land use as a
significant unmitigable impact (O'Bryant, 1986). Their recommendation would be
to extract the resource before development. As a practical matter, the road
widening would have little or no effect on the availability of the mineral resource
since the existing road must be protected from encroachment by mining operations.
No specific studies have been made of the adequacy of the material as aggregate,
but on the basis of particle analyses made by San Diego Geotechnical Consul tams,
Inc" the material contains large amounts of fines which render the material
unsuitable for use as aggregate. Assuming these soils do not possess qualities
desirable for mining, no significant or adverse impacts to this resource would result
from project development.
C. Mitil!ation
1. Geology and Soils
Based upon the soil and engineering geology
construction recommendations have been made.
were found that would preclude construction.
developmem include:
investigation, foundation and
No soil or geologic conditions
Recommendations for project
o Excavation and Grading: Terrace deposits may be unstable and subject to
caving unless slopes are laid back to 2,0 horizontal to 1.0 vertical. The
surficial layer of organic soil, debris, and soft or loose deposits should be
stripped from the areas where fill will be placed,
o Settlement and Expansion: Compressive soils would be removed and
replaced with properly compacted fill. Expansive soils should be buried deep
in fills and not within the roadway section,
o Slope Stability and Erosion Control: Slopes should be constructed at a
minimum slope of 2,0 horizontal feet to 1.0 vertical feet. Revegetation
benches or chain link debris fences with meshes of approximately 1" to 1 1)2"
square may be used to mitigate this problem,
o Temporary chain link fences with heavy gauged reinforced plastic sheet
material at the fence bottoms will be installed in sensitive areas to mitigate
3-8
-,
7 -7
"
soil erosion, runoff and silting into the Otay River. Fences will be installed
near wetland areas and other areas identified by the applicant prior to
construction,
2, Seismicity
Recommendations of the geotechnical investigation would ensure appropriate
ground stabilization and construction techniques to protect against seismic
occurrences,
3. Minerals
No mitigation measures are necessary as there are no significant or adverse impacts
to mineral resource extraction,
D. Analvsis of Si~ificance
A subsurface geotechnical investigation has been performed to determine specific
geological and seismic constraints, Significant impacts may be avoided by following
the recommendations of this investigation,
The subsurface soils investigation has determined that the project area soils do not
meet criteria for fine aggregate and that no significant or adverse impacts to mineral
resources would occur from project construction,
3,2 HYDROLOGYjWATER QUALITY
A. Proiect Settin~
1. Surface Water and Drainage
The San Diego Coastal Province covers approximately 3,900 square miles and
includes all hydrographic basins which drain into the Pacific Ocean between the
:Ylexican border and Laguna Beach. California. Due to the seasonal rainfall pattern,
most San Diego streams are ephemeral. Elevations range from sea level to 6,000+
feet.
3,9
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Eleven major hydrographic units, each con.~isting of the entire watershed of one or
more streams, make up the Coastal Province, The project area is within the Otay
Unit, which encompasses 160 square miles. These units are further divided into
subunits, consisting of major tributaries or groundwater basins within the unit. The
proposed project is located within the Otay Subunit, which encompasses 46 square
miles.
The Otay Subunit is drained by the Otay River. The Otay River originates near the
eastern end of the Dulzura unit, which is upstream of the Otay Subunit. All runoff
from the Dulzura Subunit flows inlO the Lower Otay Reservoir. The purpose of this
reservoir is to provide water supply, Any flood control protection provided to the
Otay Subunit by the reservoir is incidental to the purpose of the reservoir. Minimal
flows in the river occur near the project area for much of the year. The Otay River,
evidenced more by its vegetative growth than water load, trends through the Otay
Valley and discharges into the south end of San Diego Bay,
The Otay River floodplain is located 10 the south of the project area and varies from
approximately 150 feet in width near the I-80S crossing to 870 feet near the
intersection of Brandywine Avenue and Otay Valley Road, Much of the existing
roadway east of the intersection of Nirvana Avenue and Otay Valley Road is located
within 50 feet of the 100-year floodplain, The proposed project site infringes on the
100-year floodplain in areas east of the intersection of Nirvana Avenue and Otay
Valley Road. The current roadway is not within the 500-year floodplain of the Otay
River.
The project area drains southward toward the Otay River. There are currently
twelve SlOrm drainage culverts under the existing Otay Valley Road that drain water
north to south inlO the Otay River. Existing drainage and drainage facilities are
shown on Figure 3,2-1. Hydrologic analyses have been made for major drainage
areas using the Army Corps of Engineers' HEC-l rainfall,runoff computer program,
Results of these analyses are included in Table 3.2-1 for the current development
conditions, Flows at the major culverts are estimated as a percentage of the
computed flow for the subarea in which the culvert is located,
Table 3,2,2 presents the estimated capacities of the existing culverts for a water
level that would not overtop Otay Valley Road and the estimated peak discharges
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RUNOFF TO CULVERTS
(FLOWS CALCULATED AS PERCEKTAGE OF HEC-1 FLOW)
Drainage 100- Year
Culvert Area Flow
Culvert Size & Type ( sq, mi.) Lilll
1 1, 2x3 RCB 0,069 43
2 1, 48-INCH RCP 0,215 134
3 1, 36-INCH CMP 0.100 62
3a ? 30-INCH RCP 0,132 82
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4 1, 48-INCH RCP 0,090 67
5 I, 24-INCH CMP 0,007 5
6 2, 42-INCH CMP 0,258 191
7 1, 24-INCH CMP 0,008 6
8 2, 36" x 54" CMPA 0.320 183
9 1, 18-INCH CMP 0,010 6
10 1, 18-INCH CMP 0.040 23
11 1, 30-INCH CMP 0,090 52
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that would occur during a 100-year return frequency storm, The 100-year return
frequency flows shown on the table exceed the storm drain capacities at five of the
culvert locations. The locations where flow will overtop the road during the 100-
year storm are:
o The 48-inch culvert that is approximalely 2,500 feet east of 1-805;
o The double 42-inch Corrugated Metal Pipe (CMP) culverts at Nirvana
Avenue;
o The double 36-inch by 54-inch Corrugated Metal Pipe Arches that are
approximately 2.000 feet east of Nirvana;
o The 18-inch CMP culvert that is approximately 3,000 feet east of Nirvana
Avenue; and
o The 30-inch CMP culvert that IS approximately 3,400 feet east of Nirvana
Avenue,
In addition, there are two locations where water will pond to the top of the road
during the 100-year return frequency event and small amounts of overtopping may
occur. These locations are:
o The 2-foot by 3-foot box culvert that is approximately 1,000 feet east of I-80S;
and
o The 18-inch CMP that is approximately 1,500 feet east of Nirvana Avenue,
2, Groundwater
The depth to groundwater in the Otay Subunil varies significantly from 9 feet near
San Diego Bay to 110 feet on the higher terraces (DWR, 1986), The specific depth
to groundwater at the project site is not known; and no water was encountered in a
test bore hole drilled at the project site to a depth of 26,5 feet. In the general
vicinity of the project, groundwater is typically deeper than 100 feet below the
surface (DWR, 1967), The only groundwater recharge that occurs is from natural
infiltration, In the past, groundwater was used for agriculture and as a potable water
supply, Due to the poor water quality and the accessibility of imported water,
3-11
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.,
however, current groundwater use is limited, l'io seawater intrusion problems are
known to exist in the project vicinity,
The RWQCB recently relaxed groundwater quality standards for a portion of the
Otay hydrographic suhunit that includes the basin under Otay Valley Road
(RWQCB Order 88-49, April 29, 1988), The list of the heneficial uses for the
groundwater basin in the Otay Subunit was reduced from municipal supply.
agricultural supply, industrial service supply, and potential groundwater storage 10
industrial processing water. The primary industrial use of groundwater is for
washing sands and gravels, The only groundwater recharge that occurs is caused hy
natural conditions,
3, Water Quality
The RWQCB is responsible for regulating point sources of water pollutants. The
Otay River watershed is largely unmonilOred, and data on water quality and water
level are sparse,
The San Diego Regional Water Quality Control Board (RWQCB) lists heneficial
uses for surface water in the Otay Suhunit. These uses include water for agricultural
supply, non-contact water recreation, wildlife hahitat, and preservation of rare and
endangered species, At the project location, the Otay River is not presently used for
agricultural or industrial service water supply,
The existing water quality in the river is variable, ranging from good to poor,
depending on rainfall and runoff volumes, Groundwater in this area typically has
high amounts of total dissolved solids (IDS) and is characterized hy high sodium
and chloride counts, This chemical character is directly related to the mineral
composition of the granodiorites and gahbros that occur in the watershed, Because
of the high amounts of chloride in the water, it is rated inferior for irrigation
purposes (DWR, 1967),
Surface water quality measurements of tbe Otay River were m~cle by the RWQCB
in 1984, 1985 and 1986, Two locations were measured: (\) jLl'1 c:ast of I-80S, within
the general project vicinity, and (2) just east of the 1-5 freeway, west of the project
area, The amount of IDS in the Olay River at the 1-805 location varied from 2,344
3-12
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milligrams/liter (mg/l) to 4,888 mg/l. IDS at the downstream site varied from
1.293 mg/l to 1,624 mg/l. The measured IDS exceeded the RWQCB objectives for
this area (San Diego Regional Water Quality Control Board; 1984, 1985).
The project area is currently used for agriculture and industrial purposes with
limited residential and commercial uses, Runoff from the site drains to the river
and is typical of agricultural runoff. No point source measurements of runoff from
the project site have been made,
Groundwater quality measurements were made at various well locations in Otay
Valley by the State of California Department of Water Resources in 1963 and 191\5
(DWR, 1986). The tested well closest to the project area (about one mile to the
west), was considered to have fair groundwater quality in 1963 and good quality in
1985, The increase in quality was attribuled to reductions in upstream pumping
and increased natural recharge of good quality imported waters. The quality of the
wells in the Otay Subunit is generally fair, with two of the easternmost wells meeting
the RWQCB objectives for IDS, chlorides and sodium,
In addition, groundwater measurements were made by the RWQCB in November.
191\5 at a we!! in the vicinity of the Otay Landfill. approximately 2,000 feet north of
the project ar;;:a. Generally, groundwater quality was less than fair, with IDS and
other constituents exceeding RWQCB objectives, The County's Solid Waste
Division also conducts water quality testing at wells, both on the landfill and toward
the river from the landfill. Their tests show that levels of IDS, chloride and other
constituents generally exceed the RWQCB objectives,
B, Imoacts
1. Drainage
At project completion, the proposed project would increase the graded and paved
area of the roadway by approximately 3-1 acres including the widened road section
and sidewalks, These areas are impervious to surface-to-groundwater drainage,
The runoff from the roadway will be contained within the roadway by curb and
gutter and directed to catch basins, Water will be conveyed via pipe to the existing
outfalls, There will be no increase in runoff from the areas north of the project due
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3-13
to the project. These areas currenlly drain VIa culverts under the road, The
increase in runoff from the roadway due to the change from pervious to impervious
surface conditions would not be accompanied by increased sediment loads because
the change in land use is from open space and paved area to primarily paved area.
Because the project represents a very small percentage of the Otay River watershed,
the increase in peak runoff would only represent an incremental increase to the
existing flood discharges from the rest of the watershed, As development continues
in the watershed. however, the increase could be considered cumulatively significant
because of existing downstream moderate flooding problems in the floodplain, The
proposed fill slopes at the east end of the road may infringe upon the 100 year
floodplain, There are no proposed uses for these areas, so no impacts occur. The
actual roadway section is located above the lOll year water surface elevation.
The project proposes a roadway drainage system consisting of catch basins and
piping, This system generally follows the natural course of drainage and will be
sized to accommodate the roadway surface flows. Surface drainage will follow both
along the street gutters and in storm drains, The storm drains will eventually empty
into the Otay River floodplain, The drainage system will be examined for approval
by the City of Chula Vista's Engineering Department. During construction,
provisions will be made for erosion and sediment control. including measures such
as sand bagging, temporary desiltation basins and mulching. The location of these
cOnlrol measures will not be known until final grading plans have been prepared,
2, Groundwater
Construction of the proposed project will eliminate surface-to-groundwater leaching
over approximately 45 acres, thus decreasing Ihe amOUnl of water naturally added
during storms to the groundwater basin, This loss is not considered significant for
two reasons, First, Ihe naturally occurring topsoils on the property are largely clay
loams, which naturally drain very slowl\', Thus, the amount of water available from
the projecl site by leaching is an incremenlal amounl of the basin, and therefore the
site is nOI an important recharge watershed area, Secondly, groundwaler in Ihe
general project area is high in its total dissolved solids levels and naturally high in
sodium and chloride which has precluded its suitability for agricultural and potable
uses, Thus, the amOUnl of water potenlially lost to the groundwater basin from
3-14
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project development is not considered to be sufficiently great to constitute an
adverse impact to the basin,
3, Water Quality
Project construction would result in a change in the type of contaminants contained
in surface runoff as contaminants from automotive sources, such as oil, grease, and
heavy metals would increase, Sediment loads in surface runoff would decrease to a
slight degree. Water quality in the Otay River. and eventually, San Diego Bay,
would not be measurably degraded by runoff contaminants from the site, rather,
these contaminants would represent only a slight incremental contribution of the
total contaminant load carried by Otay River and into the Bay.
If any of the future industrial development will use water, and then discharge the
wasted water into percolation or sedimentation ponds, then the RWQCB would
require a Waste Discharge Requirements Permit from that industry. If any of the
industrial developments discharge wasted water into the sewage system. then the
development should fall under the City of San Diego's Industrial Pretreatment
Program, These requirements will be determined when actual development plans
are submitted,
C. Mitil!ation
1. Drainage
At this time, no mltlgation IS necessary, However, the City of Chula Vista
Engineering Department will determine the adequacy of proposed project drainage
once construction plans are submitted, Any conditions of approval required by the
Engineering Department would be incorporated into the drainage plans,
2. Groundwater
No mitigalion measures are necessary.
3. Water Quality
No mitigation measures are necessary,
3-15
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.
D, Analvsis of Sirnificance
No significant impacts on drainage, groundwater or water quality are expected from
this project. The City will review final roadway construction plans to assure that
potential impact on water quality and drainage are mitigated to insignificant levels,
3.3 BIOLOGY
The biological report, included as Appendix A, and survey were performed hy
Pacific Southwest Biological Services, Inc, (PSBS), Both the hotanical and
zoological portions of the survey were performed on 28, 29 April, 3-5 May 1988, as
well as on 14 September 1988, The property was surveyed on foot, A checklist of
taxa ohserved is included in the Appendix, and sensitive plants observed and
vegetation communities are shown on Figure 3,3-1.
The following section is a condensed version of the report,
A. Proiect Settine
1. Botany
Vegetation
Five major vegetation communities are present along the proposed project
alignment. These include Diegan Sage Scrub, Tamarisk/Mule Fat Riparian,
Freshwater Marsh, Willow Riparian Woodland and Disturbed Roadside/
Agricultural Field (Figure 3,3-1),
Die~an Sage Scrub, Diegan Sage Scrub is found on the hillsides immediately north
of Otay Valley Road along the undislurbed eastern section, Native plants indicative
of this community include coastal sagebrush (Artemisia califarnica), lemonade-herry
(Rhus integrifalia), coastal cholla (Opuntia prolifera), coast barrel cactus (Ferocactu5
viridescens), fish hook cactus (Mammillaria dioica), and California desert thorn
(Lycium caLzfornicum), The high quality of sage scrub habitat present is amplified
by the presence of significant populations of the following sensitive species:
Greene's ground cherry (Physalis greenei), Cleveland's golden stars (Muilla
cievelandii), and Otay tarweed (Hemizonia conjugens). The locations of sensitive
plant species are show on Figure 3.3-2,
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Tamarisk/Mule Fat Riparian, South of Otay Valley Road, the floodplain is heavily
populated with non-native tamarisk and mule fat (Baccharis salicifolia), Scattered
clusters of willow (Salix lasiolepis, S, gooddingii) grow throughout the river bottom
which includes numerous winding sand and gravel bars, Also present at a few
locales are sycamores (Platanus racemosa), desert fragrance (Hymenoclea
monogyra), and an abundance of San Diego marsh elder (Iva hayesiana), Allhough
this hahitat is potentially excellent, the dominance of tamarisk is considered a
significant degradation of this environment.
Willow Riparian Woodland, Scattered clusters of willow (Salix lasiolepis, S,
gooddingii) grow throughout the river bottom which includes numerous winding sand
and gravel bars, Within the study corridor, willow stands are restricted to areas of
the low flow channel along the southern study corridor boundary, and small stands
of trees located south of Otay Valley Road near drainage pipes and drainage flows
from the road itself. These willows are generally fringed hy mulefat and desert
fragrance, Only those willow stands located near the low flow channel are well
developed and support an intact native understory.
Freshwater Marsh, Low-lying areas in the river hed where water accumulates have
dense colonies of California hulrush (Scirpus califamicus) and soft flag cat-tail
(Typha lalifolia), Southwestern spiny rush (Juncus acutus) and spike sedge
(Eleacharis monlevidensis) are significant components of this good quality hahitat.
Disturhed Roadside / A~ricu]tural Field, Much of the western portion of Otay
Valley Road is now fronted by light industrial use and includes horticul1ural
plantings. Oisced agricultural fields include a weedy non-native flora, Habitat is
considered poor quality owing to extensive historical degradation.
Flora
One-hundred and fifteen plant species were observed on the property, Of these, 41
are non-native taxa representing invasive weeds and shrubs, Of some significance
was the population of approximately 25 Pacific saltbush (Alriplex pacifica) growing
on the crest of a Diegan Sage Scrub hillside,
~.) i
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3-17
2, Zoology
General Wildlife Habitat
Five major wildlife habitats occur within the study corridor. These include Sage
Scrub, Tamarisk)Mule Fat Scrub, Willow Woodland, Freshwater Marsh, and
Disturbed Roadside) Agricultural Field,
Die~an Sa~e Scrub, The wildlife use of sage scrub slopes is characterized by a
common assemblage of species including desert cottontail (Sylvilagus audubonii),
Western fence lizard (Sceloporus occidentalis), brown towhee (pipilo fuscus), and
house finch (Carpodacus mexicanus), Also present are the less common California
black-tailed gnatcatcher (Polioptila califomica) and the orange-throated whiptail
(Cnemidophorus hyperythrus beldingi), Figure 3,3-2 shows the locations of sensitive
wildlife species, The slopes and canyons present along the north side of the
roadway are considered to have higher quality habitat than that found on the
adjacent mesa tops due to the diversity of both vegetation structure and species, A
large patch of coast cholla occurs within the study corridor and could provide
habitat for the sensitive cactus wren (Campylorhynchus brunneicapillus). This
species was not observed during the field survey,
Tamarisk /Mule Fat Scrub, Tamarisk and Mule Fat Scrub vegetation occurs on the
south-side of the existing roadway and was previously described, This area is
dominated by the invasive tamarisk (Tamarix chinensis) and supports an understory
typified by weedy vegetation. These areas, unlike the Freshwater Marsh and Willow
Riparian habitat, typically lack the highly mesic conditions necessary to support the
perennial presence of amphibians, Reptiles observed in this habitat include the red
diamond rattlesnake (Crotalus ruber), the Western fence lizard (Sceloporus
occidentalis) and the orange-throated whiptail (Cnemidophorus hyperthrus). This
vegetation supports a reduced abundance and diversity of riparian and scrubland
associated birds, Included in the species observed in this habitat are the particularly
abundant brov.'T1-headed cowbird (Molothrus ater), bushtits (Psaltriparus minimus)
and song sparrow (Melospiza melodia). .AJso present were goldfinches (Carduelis
psaltria, C. tristis), northern orioles (Icterus galbula Bullockii) and a pair of orange-
crowned warblers (Vennivora celala), Mammals utilizing this habitat include the
coyote (Canis latrans), grey fox (Urocyon cinereoargenteus),and Virginia opossum
3-18
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(Didelphis virginiana). Several other species of small mammals are also expected to
utilize this habitat,
Willow Woodland, Willow Woodland within the survey corridor habitat is restricted
to a few areas of low lying topography and minor roadway drainage points, Much
more extensive woodland occurs south of the survey corridor. While the federally
listed endangered least Bell's Vireo (Vireo bellii pusillus) and the highly sensitive
willow flycatcher (Empidonax traillii) were observed south of the study corridor,
these species were not observed within the isolated clusters of willows found
adjacent to the roadway, These small stands were observed to be utilized by such
species as Wilson's warbler (Wilsonia pusilla) and yellow-brea~ted chat (Icteria
virens), Also present in the mesic understory of these woodlands are such species as
the Pacific treefrog (Hyla regilla), the sensitive two-striped garter snake
(Tlzamnoplzis couchi hammondi) and numerous common rodents.
Freshwater Marsh, Freshwater Marsh occurs in a few deep depressions wilhin the
floodplain along the existing Otay Valley Road. This habitat is utilized by the
Pacific treefrog and also, in more open areas, the Western toad (Bufo boreCli),
While not observed, the introduced bullfrog is also expected in ponds occurring
within the corridor. Thc American coot (Fulica amaicana) and cinnamon teal
(Anas cyanoptera) possibly nest in bulrush and cattails found along the fringes of
shallow ponds, Other species observed utilizing these small marshes include red,
winged blackbirds (Agelaius plzoeniceus), great egret (Casmerodius albus) and
mallards (Anas platyrlzynclzos),
Disturbed Roadside I AliriculturaJ Fields. Highly disturbed in nature and generally
lacking native plant species, the vegetation along the immediate roadside and wilhin
agricultural areas predominates over the western half of the proposed road
alignment. These areas support only a few wildlife species but are utilized on
frequent occasions by such birds as the common raven (Corvus corax), European
starling (StumLL~ vulgaris), brown-headed cowbird (Molotlzrus ater) and numerous
gulls (Larus spp.), The abundance of these birds in this area is probably a result of
the agricultural amenities as well as the nearby presence of the sanitary landfill.
I /;
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3-19
Amphibians and Reptiles
The Western toad and Pacific treefrog (Hyla regilla) both utilize the numerous
seasonal water holes and the occasional permanent ponds. The introduced bullfrog
(Rana catesbeiana) is a likely inhabitant in this good quality amphibian habitat.
The red diamond rattlesnake is present on the site with three lizard species:
Western whiptail(Cnemidophorous tigris), orange-throated whiptail, and Western
fence lizard. Also likely to be present is the gopher snake (Pituophis melanoleucus),
two-striped garter snake (Thamnophis hammondii), and coast horned lizard
(Phyrynosoma coronatum blainvillei), Reptile habitat is considered fair within the
sage scrub and wetland habitats,
Birds
Forty-four species of birds were seen during the three spring and one fall survey
dates, Of particular note was the single male least Bell's vireo singing from a perch
in willows near the Otay Valley Road bridge; a willow flycatcher (Empidonax trail/ii)
was sighted in broom baccharis nearby, The possibility of 5 pairs of nesting least
Bell's vireos on this portion of the Otay River is noteworthy, Also occupying this
habitat is the yellow breasted chat (lcteria virens, two sighted), and yellow warbler
(Dendroica petechia, a lone individual seen),
Raptor use of the Otay River drainage is unusually diverse with American kestrel
(Falco spmverius), black-shouldered kite (Elanus caeruleus), northern harrier (CirCIL'
cyaneus), sharp-shinned hawk (Accipiter striatLL'), golden eagle (Aquila chrysaetas).
prairie falcon (Falco mexicanus), red-tailed hawk (Buteo jamaicensis), and Cooper's
hawk (Accipiter cooperii) all utilizing the wildlife corridor within the valley,
Mammals
Eight common species of mammals were present: raccoon (Procyon lotar) in more
mesic locales; desert cottontail and black,tailed hare (Lepus califomicus) throughout
the site; coyote and grey fox; mice (PeromvscLLl spp,) and wood rat (Neotoma sp.);
and the ubiquitous Botta's pocket gopher (Thomomys nottae), Owing to the varied
industrial, ranching, and farming activities in the area, as well as historical
degradation. large mammal habitat on-site is considered fair to poor.
3-20
/, /
/
"'
3. Sensitive Biological Resources
Sensitive Ve~etation
I.
Die~an Sal!e Scrub, The historically extensive Diegan Sage Scrub (throughout
coastal and inland San Diego County) has been heavily impacted by urbanization
pressures. Large blocks of the habitat have been "fractured" into small isolated
pockets. The area north of Otay Valley Road illustrates just such a trend. Extensive
agricultural activities followed by fairly recent industrial development have
eliminated vast areas of the environment creating fragmented, often minuscule
areas of habitat. One isolated hillside of Diegan Sage Scrub is located south of
Energy Way and north of Otay Valley Road. Although fragmented and only a
vestige of an historically much larger habitat, this area has an important
accumulation of sensitive plant species and, to a lesser degree, an important
assemblage of wildlife,
Riparian Wetland, The extensive wetlands in the Otay River Valley represent a
highly significant habitat which has sustained a century of impacts from farming,
sand and gravel mining, and an upstream dam. From an ecological standpoint, the
proliferation of non-native tamarisk and mule-fat, at the expense of native willows,
has caused very significant degradation of habitat. The damage is still largely
surficial however, and outstanding possibilities for wetland enhancement are
available throughout the valley. A major factor in such enhancement would be the
modification of existing hydrology to favor such native riparian and freshwater
marsh habitats. The losses sustained by wetland habitats in southern California are
well documented and further reductions of even small areas are considered
significant.
Sensitive Flora
Otay Tarweed (Hemizonia conjugens), Only two sizable extant populations are
known for the Otay tarweed; along Otay Lakes Road south of Bonita, and at
several nearby sites in the Poggi Canyon area, Approximately 500 plants were
found on a small bluff above Otay Valley Road, straddling a fence cordoning off the
United Enterprises property to the east. It also occurs in similar habitat on the hill
to the east. Listed as 3-3-2 by the California Native Plant Society (C.'\PS) and
3-21
/7
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.
Endangered by the Department of fish and Game, this population must be
considered highly significant (see Appendix A for number code definition).
,
Cleveland's Golden Stars (Muilla clevelandii), Approximately 30 specimens, an
important population, were found growing sympatrically with Hemizonia canjugens.
Cleveland's golden stars, although not inhabiting vernal pools, are often associated
with mima mounds and the environs of vernal pools, The Otay Valley Road
population grows in a vernally moist cracked clay soil along the periphery of an
Artemisia calif arnica dominated Diegan Sage Scrub, CNPS listed as 2-2-2, the plant
is considered endangered within a portion of its range,
Greene's Ground Cherry (Physalis greenei). An estimated 200 Physalis greenei grow
beneath shrubs on a south,facing hillside adjacent to the intersection of Otay Valley
Road and the gravel road that extends east from Otay Valley Road, Listed by
CNPS but unranked owing to taxonomic questions, Greene's ground cherry, as
currently constituted, is an extremely rare coastal species related to p, crassifalia on
the desert. The size of the colony makes it the largest known population of this
species, and therefore, of major botanical significance. Loss of the on-site
population of this species would be considered significant.
California Spinebush (Adolphia californica), California spinebush is CNPS listed as
1-2-1 and is considered moderately endangered, Twenty to thirty California
spinebush grow on a mesa east of Nirvana Avenue and south of Energy Way,
Habitat is degraded and the area appears to have been brushed within the last
decade. This population, owning to its limited numbers and marginal habitat, is
considered of minor biological significance,
Coast Barrel Cactus (Ferocactus viridescens), Coast barrel cactus occurs in small,
scattered populations on the mesa and slopes north of the road. A very heavy
occurrence of this cactus is found on the easlernmost mesa extending onto County
lands, This population essentially surrounds the Hemizonia canjugens and Muilla
maritima habitat previously noted, Densities at this particular locale make the
colony a significant biological resource, C:\fPS listed 1-3-1; endangered throughout
its range; the species is also a Category 2 candidate for future federal listing,
Impacts to this species would constitute a significant adverse biological impact,
! - !
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3,22
-1.
San Die~o Marsh Elder (Iva hayesiana). The Otay River Valley and its tributaries
have the heaviest concentrations of San Diego marsh elder seen in the County,
Within the floodplain, Iva is a dominant shrub along both cobbly and sandy channels
paralleling Otay Valley Road, This species carries a listing of 2-2-1 and is
considered to be of moderate rarity and endangerment. High population density
makes the on-site occurrence of Iva significant but mitigable by replacement
planting in other areas of the river valley.
",,::.
San Die~o Sunflower (Viguiera laciniata). The San Diego sunflower is a dominant
member of many inland Diegan Sage Scrub communities in southern San Diego
County, Such is the case on the hillsides north of Otay Valley Road. Its CNPS
listing of 1-2-1 is based on limited range in San Diego County and Baja, California;
as well as on extensive urbanization throughout much of its habitat which is
dramatically reducing once extensive stands of Diegan Sage Scrub. The Viguiera
itself is not significant but its association with a much rarer assemblage of plants
occurring on the site is important.
A<;hv-footed Clubmoss (Selaginella cinerascens), The ashy-footed club moss occurs
by the thousands on the mesas north of Otay Valley Road, Listed by CNPS at 1-2-1
owing to its range limitations in San Diego County and northern Baja California,
this clubmoss is extremely common in our coastal area. Its occurrence on-site is
considered of minor biological significance.
Sensitive Wildlife
Two-striped Garter Snake (Thamnophis couchi hammondi). This aquatic garter
snake is generally restricted to wetland areas of the western portions of the county,
The species has suffered recent declines due to habitat loss and collection pressures.
Currently the species is considered sensitive by the CDFG and has been listed as
threatened by the San Diego Herpetological Society. This species is also protected
by international trade treaties. Although this species is often difficult to detect, it
appears that the habitat requirements for the snake are relatively broad. These
snakes occur in areas of freshwater marsh, riparian woodland, and even brackish
and marine waters, Within the survey area only one individual of this species was
observed, however it is expected that these snakes are widely distributed throughout
.-) I ./ '-1
3-23
the wetlands of the valley especially in the vicinity of ponds and marshes, Impacts of
the project on this species would be expected to be minor and insignificant.
"l
Least Bell's Vireo (Vireo bellii pusillus). This subspecies is endemic to California
and Baja California,. Mexico; however, it has dramatically declined in recent years
and is now absent from large areas of its former range. One of the strongholds of its
distribution is in Willow Riparian Woodlands in San Diego County, although even
here it has seriously declined (Unitt, 1984), As with many riparian birds, brown-
headed cowbird brood parasitism, primarily, and destruction of riparian habitats,
secondarily, appear to be the major reasons for the decline of least Bell's vireo, The
least Bell's vireo is on the Federal Endangered Species list and is considered
endangered by the State of California. A single singing male was found in a stand of
willows 200 feet west of where the Otay Valley Road bridge crosses the Otay River
and approximately 300 feet south of the existing roadway. Four other vireos were
discovered in similar habitat approximately one-quarter mile to the west and several
hundred yards south of the Otay Valley Road corridor under examination, The
proposed roadway is considered to be sufficiently isolated spatially from the
occupied habitats to avoid impacts to this species,
Yellow Warbler (Dendroica petechia), This species was once an abundant summer
resident in Willow Riparian Woodlands throughout southern California. As with
the least Bell's vireos, brown-headed cowbird brood parasitism and destruction of
riparian ecosystems appear to be the main reasons for the decline of yellow warblers
(Remsen, 1980; Everett, 1979). Yellow warblers are seen during migration in the
Otay River Valley and have nested along the upper reaches of the Otay River
drainage. A single bird was noted in Willow Riparian habitat along the corridor
route. This bird does not appear to be a resident breeder on site and no direct
impacts to this species are expected due to the proposed project.
Yellow-breasted Chat (Icteria virens), This large warbler is known to nest in the
Otay River Valley (E. Lichtwardt, personal observation, 1987; Unitt, 1984) and is
considered to be a bird of special concern in California (Remsen, 1980) and a
declining species in San Diego County (Everett, 1979). Yellow-breasted chats were
once common in Riparian Woodland in southern California, but have declined due
to destruction of their habitat and brood parasitism by the brown-headed cowbird.
Several yellow,breasted chats were observed or detected through vocalizations on
3-24
/ -
," )
'-
.
site, While no nests were located within the survey corridor, vegetation clearance
during the nesting season could possibly destroy nest sites of this species,
Willow Flvcatcher (Empidonax traillii), The subspecies breeding in the
southwestern United States (E. t. extimus) is considered endangered (Unitt, 1984),
The bird observed on site could not be identified to subspecies and there is the
possibility that this individual was a migrant of the northern subspecies (E. t.
brewsteri). As the site was carefully investigated on five different occasions with the
willow flycatcher only noted during the 14 September 1988 survey, it is considered
probable that the bird is a migrant and not breeding on site. Breeding season for
the species locally is from approximately 20 June to 15 July, No significant impacts
to this species are expected to be associated with the proposed project.
California Gnatcatcher (Polioptila californica), The California gnatcatcher is a
Federal Category II species and is considered sensitive by numerous other sources.
This bird typically inhabits scrub vegetation dominated by California sagebrush;
usually in gently to moderately sloping terrain. A patch of such habitat occurs on a
mesa near the intersection of the unpaved Otay River Road and Otay Valley Road.
A mated pair was seen occupying the area over a one week period and are
apparently residents, Loss of this single pair of birds located on the slope habitat
would not be considered significant in itself. The already high value of the habitat,
based on botanical resources and other zoological resources however, makes this
pair of birds a noteworthy concern,
Oran~e-throated Whiptail (Cnemidophorus hyperthrus), The orange-throated
whiptail is currently threatened by development pressures. This lizard carries a
Federal Category II listing and is considered sensitive by six other agencies or
organizations. This species, like the San Diego horned lizard, is generally found in
association with sage scrub communities, but is also known to occur in other
community types where open roadways or unvegetated, sandy soils are found,
Single whiptails have been sighted in fairly open terrain on a mesa just north of Otay
Valley Road and in minor sandy channels in the river valley itself.
/
:~
3-25
B. Imo8cts
The proposed roadway expansion would lead to the ultimate loss of 18.2 acres of
non-urbanized habitats including disturbed roadsides and agricultural fields, Diegan
Sage Scrub, Freshwater Marsh, Tamarisk/Mulefat Shrublands, and Willow Riparian
Woodland,
By far the greatest acreage impacts would be to disturbed roadsides and agricultural
fields with a loss of 14,0 acres, Biologically, this impact would lead to reduced use
of the area by congregating birds including gulls, European starlings, ravens,
blackbirds, and morning doves, The loss of these areas would not directly impact
any sensitive plants or animals, Impacts to this area are not considered to be
significant.
The project would lead to the loss of 1.2 acres of Diegan Sage Scrub, In general the
habitat impacted occurs down-slope of the existing roadway and is of poor quality
with a high incidence of debris and weedy species, This area does, however, support
a minimal number of orange-throated whiptails and is likely to provide refuge to
more typical wetland-associated species during high river flows, No sensitive plant
species were observed within the sage scrub areas to be impacted, The small size of
the area to be impacted, combined with the low density of the sensitive whiptail and
the high abundance of refuge areas throughout the river valley, makes the expected
impacts to this area insignificant.
The project would lead to the loss of 2,6 acres of Tamarisk/Mulefat Shrubland,
This wetland vegetation type supports reduced numbers of individuals and species
from both upland habitats and higher quality wetland habitats, Several sensitive
riparian birds are known to occasionally occur within this habitat. Further, the
sensitive orange"throated whiptail was observed in low abundance within this
habitat and is expected to occur within the proposed alignment area. Impacts to this
habitat would eliminate a large number of sensitive San Diego marsh-elder. While
this area has been severely degraded by the invasion of non-native tamarisk and
other weedy species, its wetland character and value to riparian species make its loss
a significant biological impact of the project.
3-26
.
The project would eliminate 0.2 acre of Willow Riparian Woodland and 0.2 acre of
Freshwater Marsh. These habitats are utilized by an abundance of sensitive birds,
including yellow-breasted chats, Elsewhere in the river bottom, willow riparian
habitat is occupied by the endangered least Bell's vireo and the willow flycatcher.
The sensitive two-striped garter snake occurs within the marsh areas of the river
valley and could potentially occur within the proposed alignment. The tremendous
past reduction in these limited wetland habitats and the extreme biological value
makes the loss of these areas significant.
'l
In addition to these losses, the construction of the proposed roadway would utilize a
20 foot wide corridor along the base of the roadway slope. This area includes 1.1
acres of Tamarisk)Mulefat Shrubland, 0,2 acre of Diegan Sage Scrub, and 0.8 acre
of disturbed roadside vegetation. Disturbance of the 1.1 acres of Tamarisk/Mulefat
Shrubland in this area is considered to be significant.
No other direct impacts to biological resources are expected to occur as a result of
the proposed project, The most significant plant resources occur on the slopes north
at the existing roadway at the eastern end of the project, These are to be preserved,
The sensitive least Bell's vireo and willow flycatcher occur in willow woodlands
almost 300 feet from the nearest construction activity area and would not be
impacted by the construction activities, The sensitive California gnatcatcher, like
the most sensitive plants, occurs on the slopes above the roadway and would not be
impacted,
Indirect impacts to biological resources include the likely future extension of the
roadway upstream of the project site which would increase the impacts to native
plant and animal resources, Further occupation of the eastern areas by residential
development could lead to significant impacts to resources. The roadway expansion
would eliminate a portion of the degraded buffer that currently exists between high
quality habitats within the river bottom and the existing Otay Valley Road,
Potentially, the roadsides of the new roadway could receive the same abuse which
has historically plagued the area, The expansion of the roadway is expected to lead
to a higher incidence of road-kills, particularly among nocturnal mammals travelling
between the uplands to the north and the river bottom, Cumulatively, these indirect
impacts are considered to be significant and adverse,
3-27
/
-7
C. Mitil!ation
In order to minimize impacts of the project and mitigate impacts to a level of non-
significance, the following measures are recommended:
o Losses of wetland habitats including Tamarisk)Mulefat Shrubland, Willow
Riparian Woodland, and Freshwater Marsh totalling 3.0 acres will be
mitigated by the creation of new wetland areas within the river valley, Such
mitigation will include the extensive revegetation with willow woodland and
the use of San Diego marsh-elder to maximize value to wildlife and mitigate
for the loss to this sensitive plant species. Appropriate mitigation would be a
2: 1 acreage replacement ratio for wetlands lost.
o The roadsides, adjacent to native vegetation communities east of Nirvana
Road, should be designed in a manner that would inhibit the potential for
vehicle access or illegal dumping into the river bottom or onto the slopes.
Incorporation of guard rails or fences would be appropriate. Use of thorny
vegetation may also be used in conjunction with temporary fences,
o The roadway slopes will be revegetated with native plant materials
indigenous to the area or which complement the existing native communities,
such as sage scrub or sycamore woodland species,
o Where construction activities are to occur in or adjacent to native
vegetational communities, work should be restricted to the delineated project
footprint by the placement of temporary construction fences or flagging along
both sides of the street.
o If work-site brushing occurs between April 1 and September 15, the project
site should be carefully examined by a qualified biologist prior to clearing.
Should the site be found to support nesting birds including least Bell's vireo,
willow flycatcher, or yellow-breasted chat, work within 300 feet of the nest
site should be delayed until nesting has been completed.
o Following construction, the 20-foot wide construction corridor should be
recontoured to natural OF-leweF levels and revegetated with native vegetation
including willow and mulefat, Riparian scrub with minor elements of Diegan
Sage Scrub,
,- I - I
3-28
D. Analvsis of Si~ificance
.
,
Incorporation of these recommendations into the proposed project would
substantially off-set adverse impacts and would mitigate these impacts to a level of
non-significance.
In addition to these items, it should be recognized that the project, as proposed, falls
under the regulatory jurisdiction and permit authority of the U,S. Army Corps of
Engineers pursuant to the Corps' Regulatory Program (33 CFR 320-330). The
project is also within the regulatory authority of the California Department of Fish
and Game (1601 of the Fish and Game Code), Both of these agencies are expected
to require mitigation of wetland impacts through creation of new wetlands within
the Otay River Valley,
3,4 LANDFORM ALTERATION
A. Proiect Settin~
This project area lies within the central portion of Otay Valley as shown in Figure
3.4-1. The valley is traversed by the Otay River, and is surrounded by stretches of
rolling hills and tribuary canyons extending from expansive mesa formations to the
north and south, The most topographically distinctive feature within the vicinity is
Dennery Canyon, carrying drainage into Otay Valley from Otay Mesa located
approximately one mile south of the study corridor. The river extends from Lower
Otay Reservoir to the southernmost area of San Diego Bay, Within the project
vicinity, the river is largely below the surface but is evidenced by patches of dense
vegetation in wetland areas, throughout the river's floodplain,
The existing Otay Valley Road is relatively flat and passes through Otay Valley in
an east-west orientation parallel the northern side of Otay River. The immediate
surroundings are gently to moderately sloped, except in the eastern third of the
project area where northern hillside slopes abruptly adjoin to the roadway. Low
lying wetlands border Otay Valley Road to the south along the entire length of Otay
River. Topographical elevations within the study area range from 100 feet above
mean sea level (MSL) in the wetlands to approximately 300 feet above MSL along
3-29
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the crests of the northeastern hillsides, Current elevations along the roadway vary
from 118 feet to 142 feet above mean sea level.
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B.
ImDacts
By the end of project construction, approximately 27,000 cubic yards of cut and
190,000 cubic yards of fill will have altered the project site terrain to a minor extent,
The widening of Otay Valley Road will create minor changes to existing landforms
primarily by leveling and contouring the existing roadway according to engineering
design specifications for roadways with 55 MPH speed limits. As shown on Figure
3.1-5 above, the project will not require any cuts to be made into the steep hillsides
located in the northeastern part of the study area.
Fills will be required within the right-of-way, and fill slopes will be constructed to
the south of Otay Valley Road. Fill slopes south of the road will create the greatest
landform changes. Average slopes will be approximately five feet in height, similar
to existing conditions west of Nirvana Avenue. The greatest degree of change will
occur east of Nirvana Avenue, where the proposed roadway and slopes will extend
approximately 120 horizontal feet south of the existing roadway, and maximum
slopes will reach 26 feet in vertical height. Within the roadway itself, minor changes
in elevation will occur. Elevations of the proposed roadway right-of-way vary in
height from 126 feet to 144 feet above mean sea level.
c. Mitieation
No mitigation is required as there are no significant impacts anticipated.
D. Analvsis of Sienificance
The project will grade the site for the roadway widening, in conformance with City
standards, Landform alteration will not change the topography significantly from
present site conditions,
~'/ ! ._ .I,' .j
3-30
3.5 LAND USE
A. Proiect Settine
The project area is located in a predominantly undeveloped part of the City of
Chula Vista, Located in the southeast section of the City, the project area is directly
west of and adjacent to the County of San Diego. The City of San Diego corporate
limits lie approximately 750 to 3,000 feet south of the project.
1. Existing Land Use
The project area is predominantly rural in nature, although a variety of land uses
are found in the immediate vicinity of the road, including residential, commercial,
industrial, public, open space and agricultural uses, Figure 3,5-1 illustrates existing
land use patterns within 300 to 600 feet of the roadway, Figure 2,2-1, an aerial
photograph of the project vicinity, shows structural land use patterns,
Land Uses North of Otay Valley Road: Within the City of Chula Vista, existing
land uses north of the road include residential, industrial and vacant lands. Directly
east of I-80S, the Princess Manor Unit 5 residential subdivision is adjacent to and
north of the road, with homes along Tanbark Street and Oleander Avenue being
within 15 feet of the existing road at its closest point. East of Princess Manor Unit 5
is the Kendall telecommunications facility, followed by the Brandywine Industrial
Park project located east of Brandywine Avenue, Tenants of the industrial park
include the Werdin)Darnell and Hyspan Precision Products facilities. This
industrial park project also includes land south of Otay Valley Road, which has not
yet been developed. Continuing east of the Hyspan Precision Products facility is
vacant land to Delniso Court, Land remains undeveloped east of Otay Valley
Industrial Park, Between Maxwell Road and Nirvana Avenue is an auto wrecking
yard; and east of Nirvana is the Otay Industrial Recycling Park, From the industrial
recycling park to the eastern terminus of the project, the land is largely undisturbed
except for the presence of a a few dirt roads (see Figure 3,5-1),
Land Uses South of Otay Valley Road: At present, most of the land south of the
road consists of undeveloped open space, although light and heavy industrial uses,
public uses, dispersed residential and agricultural lands are scattered along the
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corridor. Immediately east of I-80S is a vacant lot followed by a Shell Oil gas
station. The South Bay Storage Area and Border Truck Sales, MC Welding and two
residences are present south and east of the gas station and west of a Pacific Bell
service center. East of Pacific Bell, agricultural fields extend approximately 1,440
feet immediately adjacent to the road and one residence remains in this area (see
Section 3,6), Vacant land and the City of Chula Vista Animal Shelter are found east
of these uses, with the Animal Shelter being within 65 feet of the existing road. The
remaining eastern half of the study area south of Otay Valley Road is largely natural
but includes several small dirt roads and a dump area, Plate 2 shows representative
land uses along Otay Valley Road.
2. General Plans and Zoning
This section of the EIR describes the current plans, policies and zoning designations
for the project area. General plans applicable to the project area during the
preparation of this EIR included the Clzula Vista General Plan-l 990 and the City of
Chula Vista's Draft General Plan Update (January 1989), In July 1989, the General
Plan Update was adopted and currently sets forth city-wide policies and guidelines,
In addition, the City of Chula Vista adopted the Gtay Valley Road Redevelopment
Plan in 1983 which specifically addresses land use development objectives in the
project area. With respect to other jurisdiction's general plans, the City of San
Diego's Gtay Mesa Community Plan addresses lands within one-half mile south of
the project area; and the County of San Diego's Gtay Subregional Plan addresses
lands adjacent to and east of the project. Figure 3,5-2 illustrates the land use
designations of the City of Chula Vista's recently adopted General Plan Update
(July, 1989). The General Plan Update addresses lands within the City's sphere of
influence, as well as lands within the incorporated City limits, Figure 3,5-3
illustrates current zoning, and Figure 3,5-4 shows the land use designations of the
previous Chula Vista General Plan and the City of San Diego and County of San
Diego plans,
City of Chula Vista
In the City of Chula Vista's General Plan Update, Otay Valley Road is classified as a
six-lane major street from Interstate 805 to Nirvana Avenue and as a six-lane prime
arterial from Nirvana Avenue to Paseo Ranchero Road, Adjacent land use
~"-I
1,/
3-32
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Shell Service Station
City Of Chula VISta Animal Shelter
PLATE 2 LAND USES SOUTH OF OTAY V ALLEY ROAD
-:0 ! _ I
,
Brandywine Industrial Park Development
Princess Manor Unit 5 Subdivision
PLATE 2( CaNT.) LAND USES NORTH OF OTA Y VALLEY ROAD
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designations in the General Plan Update, shown in Figure 3,5-2, include designations
of Research and Limited Industrial, Low, Medium Density Residential (3-6 du/ac),
Future Neighborhood Parks, and Open Space, Research and Limited Industrial is
the predominant land use designation for areas adjacent to the roadway on both the
north and south sides. This category includes research and development, light
manufacturing, small scale warehousing, and flexible use buildings that combine the
above uses with office space. The Low-Medium Density Residential category (3 - 6
du)ac) is applied to the Princess Manor Subdivision, east of I-80S, The Future
Neighborhood Park designation is south of the roadway near the intersection of
Otay Valley Road and Brandywine, Open Space is located primarily south of Otay
Valley Road and predominates in the eastern part of the project area along the
Otay River.
Zoning, In the State of California, zoning must be in conformance with the General
Plan categories, Existing zoning for the study corridor is shown in Figure 3.5-3, The
northwestern portion of the study area is zoned R-l, Single Family Residential.
This zone allows single-family dwellings and accessory uses such as guest houses and
foster homes, Other accessory uses, such as churches, schools and other quasi-
public uses, require a Conditional Use Permit.
The majority of lands adjacent to the roadway are zoned I-L-P, Limited Industrial
with a Precise Plan Modifying District. The I-L-P zone applies to all adjacent lands
south of the roadway and lands north of the roadway between the R-1 zone and
approximately 300 feet west of Delniso Court. This zone permits manufacturing,
printing, assembling, processing, repairing, or packaging of products from previously
prepared materials, as well as wholesale and warehousing, storage yards, minor auto
repair, and the manufacture of food products. Accessory uses, such as offices,
restaurants and incidental services to serve employees, and retail sales of products
produced on the site, are allowed. Other uses are subject to a Conditional Use
Permit. Minimum lot size is 10,000 square feet and the Precise Plan Modifying
District Requires that the use of land and buildings, including height, setbacks and
open areas, be developed in accordance with the approved precise plan, The plan
takes precedence over the restrictions of the underlying zone,
The remainder of the area north of Otay Valley Road is zoned I-P, General
Industrial with a Precise Plan Modifying District. This zone allows manufacturing,
3-33
. .-;
i-I /
I
I
processing, assembling, research, wholesale or storage uses, and other uses that are
of the same general character. Accessory uses, such as offices and services to serve
employees and retail sales of products manufactured on the site, are allowed with a
Conditional Use Permit. The minimum lot size is 20,000 square feet. The Precise
Plan Modifying District requirements are the same as those noted above.
I
I
I
Land Use Policies and Objectives, The Dtay Valley Road Redevelopment Project
Area Redevelopment Plan (1983) and the Land Use Element of the General Plan
Update set forth the objectives and policies for lands in the project area, The
overall purpose and objective of the Otay Valley Road Redevelopment Plan is to:
I
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"promote development that is viable, both physically and economically
within the Project Area boundaries, The primary reason leading to
the preparation of the Redevelopment Plan for the Otay Valley Road
Project Area is the need to correct problems within the Project Area
boundaries, including problems relative to circulation, infrastructure
and public utility inadequacies..,."
Specific objectives set forth in the Redevelopment Plan include the following that
are particularly relevant to the proposed Otay Valley Road Widening Project:
o The development of public services and facilities including, but not limited
to, recreational, maintenance, and operational services and facilities as are
necessary and required for the development of the project area (Section
400,10,3:14),
o The elimination of environmental deficiencies including inadequate street
improvements, inadequate utility systems, and inadequate public services;
and mitigation of highway impacts, including its circulation, movement and
its potential social, physical, and environmental characteristics of blight
(Section 400.10,4:14),
o The development of a more efficient and effective circulation corridor
system free from hazardous vehicular, pedestrian, and bicycle interfaces
(Section 400.10.5:14).
3-34
; -
)
-,
o
The implementation of techniques to mitigate blight characteristics resulting
from exposure to highway and public right-of,way corridor activity and
affecting adjacent properties within the Project Area (Section 400,10,6: 14),
.
~
As such, the proposed project is a positive action towards the implementation of the
plan,
The General Plan Update further defines policies relevant to the project under the
Circulation Element, transportation corridors. These are discussed in Section 3.8 of
this EIR. In addition, the General Plan Update contains policies and objectives that
pertain to the open space lands, These are discussed in Section 3,7 Parks,
Recreation and Open Space.
County of San Diego
County of San Diego lands are adjacent to and east of the project boundary (see
Figure 3,5-4), According to the County's Otay Subregional Plan (San Diego County,
1984), lands in the project vicinity are designated for Intensive Agriculture, with I
dwelling unit allowed per 2, 4 or 8 acres; and as Impact Sensitive, where one
dwelling unit per 4, 8 and 20 acres is allowed, Impact Sensitive lands are found in
the vicinity of the Otay River Valley and further south, San Diego County lands are
also located approximately one mile to the north of the project area and are
designated for residential (7,3 du/ac) within the County's future urban development
boundary,
The County's Olay Subregional Plan does not specifically address the project area,
Several policies are relevant to the project vicinity, however, including the phasing
of development in accordance with available public services and facilities. In
addition, the County has special review policies for proposed development in the
areas designated as Impact Sensitive. The Plan notes that this designation was
applied to protect environmentally sensitive areas but that there may be areas
within the designation that do not contain these resources and/or hazards and are,
therefore, safe for more intensive development. The Plan also notes that the
County has designated a portion of the Otay River as a Resource Conservation Area
(RCA); this area is located approximately 0.4 mile east of the project vicinity. The
purpose of the RCA is to protect rare and endangered plants, including Ferocactus
viridescens and Navarretia fossalis, which are considered endangered, as well as
3-35
" /. / '-''1'
important populations of jojoba, which is being examined for its oil production
potential (County of San Diego, 1984).
County lands within the City of Chula Vista's sphere of influence are shown on the
City's General Plan Update as Open Space and Research and Limited Industrial.
Open Space lands generally correspond to the County's Impact Sensitive areas.
Research and Limited Industrial classifications are generally shown in areas
designated Intensive Agriculture in the County's plan, In addition, the City of Chula
Vista's General Plan Update reflects the County's future plans to construct Paseo
Ranchero Road to the east of Otay Valley Road,
City of San Dieli!o
The City of San Diego's Otay Mesa Community Plan (August 1984) addresses lands
within one-half mile south of the project. San Diego City's land use designation
closest to the project area is Very Low Density Residential (0 - 5 dufac), Other
designations in the project vicinity include Low Density Residential (5 to 10 dufac),
Low Medium Density Residential (10 - 15 dufac), Open Space, Neighborhood Park,
Neighborhood Commercial and Agriculture. The City's Community Plan contains
no policies specific to the project area, The City of Chula Vista's General Plan
Update identifies Open Space, Low Density Residential (0 - 3 dufac), and
Commercial (retail) uses for City of San Diego lands in the project vicinity,
3. Proposed and Approved Land Uses In the Project Vicinity
The Otay Valley and Otay Mesa areas of the Cities of Chula Vista and San Diego
and the County of San Diego have been rapidly developing in the past decade,
Numerous projects have been recently approved but are not yet constructed, and
other projects are in the project approval process, These projects are shown on
Figure 2.4-1 and are summarized in Table 2.4-1.
Within the City of Chula Vista, a number of industrial projects are proposed north
of Otay Valley Road. South of the roadway, proposed developments include
industrial park and commercial uses with some residential uses proposed at the
southeastern extent of the city limits, Within the City of San Diego, proposed
developments are primarily residential uses on the southern mesas, with supporting
commercial and related community services. Proposed development processing in
3-36
--,
_ }'77
.
this part of the City of San Diego is presently under a moratorium, however, until
the City completes studies on Brown Field, and SANDAG finished similar
investigations on the feasibility of a regional airport in the southern part of the City.
.
In the County of San Diego, conceptual plans are being developed for the Baldwin
Project. The developer is planning to propose a major project east of Otay Valley
Road consisting of a wide variety of mixed uses and community services. At the
present time, no conceptual plans have been made public and the schedule for
processing this project is undetermined.
B. ImDacts
Existin~ Land Uses, Impacts to existing land uses include short-term disruptions of
land use activities and access and long-term reductions in frontage land availability
due to the right-of-way requirements. The implementation of the proposed project
will remove frontage from existing developments located south of the roadway.
Existing land uses that will be affected by the project include:
o The Shell Gas Station - the proposed project will remove approximately
6,000 square feet of frontage land, The proposed right-of-way and grading
will extend approximately 40 feet south of the existing road within an area
presently dedicated for the Otay Valley Road Widening. The Shell Station
operation, including gas pumps and service buildings will not be physically
affected; however, present landscaping will be removed. Shell has
redesigned the service station. The company's redesign is compatible with
the right-of-way requirements for Otay Valley Road and I-80S,
o The South Bay Storage Area and Border Truck Sales - Approximately 9,120
square feet of frontage land, currently used for R V storage, will be removed
for the road widening project. This property is planned light industrial use
and an Auto Park is currently being proposed for the site, and as such,
existing uses are considered to be interim and temporary.
o The Pacific Bell Service Center - Approximately 11,550 square feet of the
Pacific Bell Service Center land will be removed for the road right-of-way,
Lands affected by the roadway widening are currently undeveloped frontage
3-37
,
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- ';6 [/
lands for the service center. No long-term impacts to service center
operations (e.g" buildings and parking) will result from the proposed project.
It should be noted that the service center site is also planned for future
development similar to the South Bay Storage Area and Border Truck Sales.
o The Chula Vista Animal Shelter - The Otay Valley Road Widening Project
will physically impact land currently used for access, parking,
office/administration and work rooms, The widening of the road will impact
approximately 18,800 square feet of the City's land, The City plans to
relocate parking, workroom, and administration facilities to the property's
southern side, Improvements to the site will include construction of two (24
x 60 feet and 20 x 20 feet) facility rooms, 12,000 feet of asphalt paving, 3500
cu. yards of fill (compacted and graded) and a new sewer lateral line to Otay
Valley Road,
o Agricultural Lands - Approximately 122,400 square feet of agricultural lands
will be removed from production for the proposed project. Impacts to
agricultural resources are discussed in more detail in Section 3.6,
n
Planned Land Uses, The proposed project will not adversely affect future planned
developments adjacent to the roadway, As shown of Figure 2.4-1, there are three
proposed developments south of Otay Valley Road that could be affected by the
road widening, These include:
o The Shell Oil Company's remodeled sefVlce station, (Map LD, No, 3)
previously discussed above. The redesign plans were approved by the City of
Chula Vista in November 1988 and are compatible with the proposed
roadway, Consequently, there will be no impacts on this development.
o The City of Chula Vista Auto Centre (Map I.D. No. 18), is proposed to be
built by Guardian Builders, Inc, Plans for the project are consistent with the
Otay Valley Road Widening requirements, and an EIR is presently being
prepared by P&D Technologies, No impacts have been identified.
o The Walker Scott light industrial project (Map I.D. No. 14). An application
is presently pending for a 250,000 sJ. light industrial project, located on 106
acres, The proposed road widening will reduce the frontage of the Walker
3-38
/.x
Scott property, however, this impact is not considered significant since it will
not adversely affect the developability of the property.
With respect to land use plans and policies, the proposed project will have a
beneficial impact on land use development in the general project region, The
project will create transportation and utility infrastructures that will allow for the
future planned development and upgrading of the area, in accordance with the goals
and objectives of the Otay Valley Road Redevelopment Plan. Similarly, the
proposed project will be in compliance with, and implement, the Chula Vista Draft
General Plan Circulation Element, which designates Otay Valley Road as a six lane
prime arterial and major street. See Section 3,8 for additional information,
C. Mitil!:ation Measures
No mitigation measures are suggested since no adverse impacts to land uses are
identified, As discussed above, potential impacts to the City's Animal Shelter are
being mitigated by the redesign of the site.
0, Analvsis of Sil!:Jlificance
The proposed project will have insignificant adverse effects on existing land uses,
except for the City's Animal Shelter. Impacts to this facility will be mitigated to
acceptable levels through the redesign of the site and relocation of parking,
workroom and administration facilities to the southern part of the property.
On balance, the road widening project will have beneficial impacts on existing and
planned land uses by facilitating the implementation of the General Plan and the
Oray Valley Road Redevelopment Area Plan (1983),
3.6 AGRICULTURE
A. Proiect Settine
The Otay River Valley III the general project VICInity was, III earlier years, an
agricultural area, It has a coastal climate, with relatively uniform temperature and
humidity, and is generally frost-free. It is well suited to agriculture, particularly
3-39
/ J," 'I
77---
truck crops and flowers, Since the early 1970s, however, industrial uses have largely
consumed most of the land that was previously planted. The general project vicinity
has followed the trend of the rest of the County's coastal agricultural areas, in that
urban development has been replacing farmland, San Diego County lands under
cultivation in 1987 totaled approximately 76,714 acres, which was 2,444 acres less
that the 79,158 acres cultivated in 1986 (County of San Diego Department of
Agriculture, Weights & Measures, 1987).
The U. S, Department of Agriculture's Soil Conservation Service (SCS) has
developed a ranking system for soil agricultural suitability based upon such criteria
as slope, soil depth and erosion hazards, This system ranks soils on a scale of I to
VIII, with Class I soil being the most favorable to crop production, Classes I
through V may be considered prime agricultural soils; although the final
determination must include an analysis of climate,
The soils of the project area are described in Section 3,1 and are shown on Figure
3.1-2, A summary of the agricultural suitability ranking for soils potentially affected
by the proposed project are summarized below,
The SbC soils which characterize a substantial portion of the project area, are rated
Class II, with the main limitation for agriculture being potential erosion, These soils
are typically used either for pasture, or for growing citrus, truck crops, tomatoes and
flowers. Within the project area, SbC soils are located along roughly the western
two-thirds of the Road both to the north and south, Much of this area is currently
developed with light industrial uses. The remaining soils crossed by Otay Valley
Road (OkC, TeF and Gravel Pit) are either unsuitable for agriculture and/or have
been given no capability unit rating by the SCS, Those that remain undeveloped are
too rocky, on steep slopes, and)or have erosion limitations,
There is only one agricultural operation left along Otay Valley Road. It belongs to
Jimmie and Judy Shinohara, and is located just east of the Pacific Bell service center
on SbC soils (see Figure 3.5-1), Land in the general area has been farmed by the
Shinohara family since around 1905. Though tomatoes, celery and cucumbers have
been grown in the past, the cost of growing tomatoes was extremely high, and today
only cucumbers are grown on the 20 acres just south of Otay Valley Road (personal
communication with Jimmie Shinohara, 1988).
3-40
., I _ iY. '7
The' Shinohara land was formerly in the unincorporated portion of San Diego
County. It was included in the Brandywine Industrial Park project, which
encompassed land both north and south of Otay Valley Road. At the time of that
project, the Shinohara land south of Otay Valley Road was under County
jurisdiction, The project included annexation of the southern area to the City of
Chula Vista, an amendment to the Chula Vista General Plan, a rezoning, and
prezoning of the land proposed for annexation, Shin ohara land south of Otay
Valley Road was designated for Research and Limited Industrial uses at that time,
Since then, the Brandywine Industrial Park land north of Otay Valley Road has
been developed east and west of Brandywine Avenue. It is likely that the Shinohara
property currently in agriculture will be developed with similar uses at some point in
the future.
One of the policies of the Open Space Element of the Chula Vista General Plan
states that "highly productive agricultural lands should be retained as open space,
through use of the Land Conservation Act (Williamson Act) and such other means
as may become available." The City recognizes in the Conservation Element of the
Plan, however, that agriculture cannot compete with urban uses, and states that "at
best, farming activities in the vicinity of urban areas must be viewed as interim uses,"
It further notes that the remaining agricultural activity in Chula Vista will eventually
be eliminated unless a conscious effort is made to preserve lands for agricultural
use, As the City has zoned project area cropland for Research and Limited
Industrial uses, it is apparent that the City has planned for the ultimate conversion
of the farmland to urban uses in this portion of the City,
B. Imnacts
The proposed project will eliminate approximately 3,9 acres of land within the
construction corridor that is currently in agriculture, Though only a small area, this
will add to cumulative agricultural impacts, as farmland is being lost to urban
development all over the County. Approximately an additional 0,5 acre of property
3-41
,
. / \,' ,:/
/
will be temporarily unavailable during construction activities, which will be returned
to the landowners following road completion,
Co Miti~ation
c
Due to the conflicting nature of the project and current land uses, no mitigative
actions are proposed,
D. Analvsis of Sienificance
The permanent loss of 3.9 acres will contribute to the relatively significant loss of
agricultural land on a cumulative (county-wide) level. The project area is not
primarily agriculturally oriented, however. Though rural in nature, prevailing uses
are both residential and light industrial. Reviewed independently, therefore, loss of
this acreage will not create a project significant impact,
3,7 PARKS/RECREATION/OPEN SPACE
A. Proiect Settin~
There are no public parks in the project vicinity. Along the Otay River, however,
much of the open space is privately owned and may be unofficially used for informal
recreation, such as hiking or wildlife observation. In addition, the hillsides north of
Otay Valley Road in the eastern part of the project area are currently undeveloped
and could be used for wildlife observation, The nearest public park is Valle Lindo
Park, in the northwest quadrant of the intersection of Brandywine and Sequoia
Street, about 0,5 mile north of the project area.
The City of Chula Vista's adopted General Plan designates a corridor along the
Otay River for parks and public open space uses (see Figure 3.5-3, in Section 3,5).
This corridor would begin approximately 150 feet south of Otay Valley Road in the
eaSlernmost part of the project area, In areas further west, it would start nearly 800
feet south of the road. In its narrowest areas, the corridor would extend
approximately 500 feet to the south,
3-42
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,IX S
The Cities of Chula Vista and San Diego and the County of San Diego are currently
working together as a steering committee under the auspices of the San Diego
Association of Governments (SANDAG) on a proposal for an Otay Valley Regional
Open Space Park, This park would encompass the land along the Otay River that
the City of Chula Vista has designated for public park and open space uses in the
adopted General Plan, It would also include some of the County land along the
River. From I-80S to Heritage Road, the area being evaluated for the park extends
southerly from Otay Valley Road and the Otay Valley industrial area, Southern
limits will include at a minimum the wetlands associated with the river, but may
extend as far south as the ridge of the bluffs located in the City of San Diego,
encompassing the river terraces, canyon slopes and the bluff itself.
SANDAG has applied for a grant from the State of California, using funds from the
license plate fund, to finance environmental and park planning studies.. The goal of
these efforts is to develop a plan for the long-term preservation and maintenance of
Otay Valley as an open space system. It is not known at this time exactly what type
of park it might be or what level of development will be appropriate, but it is
anticipated that at a minimum this portion of the park will have a hiking/bicycle
trail system linking other parks in the City to the planned 28 mile greenbelt.
A time-frame for acquiring land for the park has not yet been established, The
County is currently identifying parcels that might be acquired with funds from
Proposition 70, the open space initiative passed in June 1988, Evaluation and
review by the committee of these parcels is ongoing and may be completed by
summer or early fall 1989, The long-term strategy for the park will include: (1)
analysis of the existing plans of the Cities and the County for consistency and
resolution of potential conflicts; (2) development of a comprehensive plan for open
space; (3) preparation of implementation strategies; and (4) the preparation of
agreements for carrying out implementation, The park plan could be finalized by
January of 1990 (Personal communication with Alexander, Cheu, and Pass, 1988;
SA1''iDAG, 1988).
The City General Plan Update also shows a neighborhood park south of the Otay
Valley Road/Brandywine Avenue intersection, This designation is intended to
show general locations for further parks, rather than site-specific areas. Although
no plans have been formulated specific to this neighborhood park, parks of this type
3-43
~ j. / x>l
.
generally consist of a minimum of seven acres and have an open playfield, play
equipment, and picnic tables, Occasionally, the City may also provided a designated
softball field, restroom or parking facilities or security lighting.
\.
In addition, the City has designated an area approximately 1,600 feet north of Otay
Valley Road in its easternmost section for parks and public open space uses. This
area is immediately north of the industrial development along Energy Way and
extends westward for approximately 4,900 feet (0,9 mile). It is currently owned by
the County of San Diego and is being used as a landfill. The County has expressed
its intent to transfer the land to Chula Vista, and it will eventually be used for open
space uses, A timeframe has not yet been established, After the landfill is closed,
the soil will be left to settle. The site was previously a Class A dump site, and some
areas may not be safe for public use.
B. Imnacts
The proposed road widening will have no impact on the park that is proposed for
the landfill site north of the project area, The project will facilitate the eventual use
of the Otay River Valley as a regional park/open space system by upgrading the
road that will be used to access the park and by providing adjacent bike paths.
In the short term, access to the regional park open space system could be hampered
by potential biological mitigation measures, The project will eliminate
approximately 3,0 acres of existing wetlands. This biological impact will be
mitigated by the creation and enhancement of approximately 5.8 acres of wetlands.
The newly planted vegetation will have to be monitored for three to five years.
Fences and signs will be posted at the access roads so that public access is
minimized, enhancing opportunities for plant growth. This could temporarily
restrict access to the river park until it is established, It should be noted, however,
that most or all of the mitigation wetland areas will be in areas which already have
wetlands or which have had wetlands in the past. Wetlands are valuable habitat and
can be degraded by public use, In fact, because of vegetation density they are also
not generally conducive to public use, Thus, the implementation of the wetland
mitigation may not impact use in those areas, In reality, the temporary closing off of
access to the open space will probably occur before the lands are even acquired for
3-44
/ y.' -7
a public park. The access restrictions are expected to be short-term insignificant
impacts,
c. Mith:ation
Since there are no significant impacts on park and recreation uses or open space, no
mitigation is required,
D. Analvsis of Silffiificance
No significant impacts on park and recreation uses or open space will accrue from
the proposed project.
3.8 TRAFFIC
The traffic report, prepared by Basmaciyan-Darnell, Inc. (BDI), IS included as
Appendix B in the Technical Appendices Volume.
A. Proiect Settin!!
1. Existing Traffic Volumes and Roadway Characteristics
Otay Vallev Road
Otay Valley Road runs easterly from I-80S for approximately two miles, where it
turns in a southerly direction to its junction with Heritage Road, West of I-80S,
Otay Valley Road merges with Main Street which traverses the City of Chula Vista,
Between I-80S and Oleander Avenue, Otay Valley Road is currently a four lane
roadway with two travel lanes in each direction, Left turn pockets are provided at
major intersections. In 1987, this segment of Otay Valley Road was carrying 12,460
average daily trips (ADT). Based upon more recent counts further east, a better
estimated for current traffic volumes on Otay Valley Road are 17,370 vehicles per
day (VPD).
Between Oleander Avenue and Brandywine Avenue, Otay Valley Road is currently
a three lane roadway with two westbound lanes and one eastbound lane, This
segment also includes a center two-way left turn lane. The last count, taken in 1987,
3-45
~; -j9X
,), .
I '
showed this segment of Otay Valley Road carrying 9,980 VPD, Based upon more
recent counts further east, an estimate of 14,890 VPD is considered more reflective
of current conditions,
Between Brandywine Avenue and Maxwell Road, Otay Valley Road is a two lane
roadway with one travel lane in each direction, This roadway segment also has a
center two-way left turn lane. The 1989 traffic count showed this segment of Otay
Valley Road carrying 12,270 VPD,
Between Maxwell Road and Nirvana Avenue, Otay Valley Road is a two lane
roadway with one travel lane in each direction, The 1989 traffic count indicated that
this segment carries 7,740 VPD,
Between Nirvana Avenue and the Fenton Rock Plant Driveway, Otay Valley road is
a two lane roadway with one travel lane in each direction, The most recent 1989
counts indicate that this segment of the road carries 3,930 VPD,
Southeast of the FefHoR Nelson & Sloan Rock Plant Drive, Otay Valley Road is a
two lane roadway with one travel lane in each direction. The most recent traffic
counts, taken in 1989, indicate that this segment of the roadway is carrying 3,430
VPD,
Connectin\: Streets
Melrose Avenue is a Class II two lane collector. At its signalized intersection with
Otay Valley Road, Melrose Avenue has a third lane striped for left turns. In 1987,
Melrose Avenue was carrying 2,760 VPD just north of Otay Valley Road,
Oleander Avenue is a Class II two lane collector which carries 1,730 VPD just north
of Otay Valley Road, It is controlled by a stop sign at its T-intersection with Otay
Valley Road, and some on-street parking is allowed.
Brandvwine Avenue is a Class III three lane collector carrying approximately 2,160
VPD just north of Otay Valley Road, it is controlled by a stop sign at its T-
intersection with Otay Valley Road, and on-street parking is allowed.
3-46
---, ! , '7
Maxwell Road is a Class II three lane collector with two northbound lanes and one
southbound lane, It is controlled by a stop sign at its T-intersection with Otay
Valley Road, and on-street parking is not allowed,
Nirvana Avenue is a Class III two lane collector roadway with on-street parking on
both sides, It is controlled by a stop sign at its T-intersection with Otay Valley
Road,
Evaluation of Existini Daily Traffic Volumes
Table 3.8-1 presents a comparison of the existing traffic volumes shown on Figure
3.8-1 and the City's recommended daily traffic volumes for the roadways (per
functional classification). Excerpts from the City of Chula Vista's draft Circulation
Element are included in the Traffic Appendix, Section A.
From Table 3,8-1, it is evident that some of the roadway segments within the study
area are carrying daily traffic volumes which exceed the City's recommended
maximums for their classifications, This is true for the segments between Oleander
Avenue and Nirvana Avenue.
The City of Chula Vista staff noted some concern about the 1-805 ramp terminals
(both southbound and northbound off-ramps), possibly needing signalization under
existing conditions. In examining the existing traffic volumes on the I-80S ramps and
Otay Valley Road, it was determined that these intersections probably warrant
signalization. The signal warrant worksheets for the ramp terminal intersections are
included in the Traffic Appendix B.
B. ImD3cts
Daily traffic volumes for the build-out network forecast were provided by the most
recent run of the City's Scenario 4 General Plan Update forecast (SANDAG
11)88), Figure 3,8-2 presents the daily traffic volumes from the build-out network
forecast.
3-47
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TABLE 3,8-1
COMPARISON OF EXISTING DAILY TRAFFIC VOLUMES
AND CITY'S RECOMMENDED MAXIMUM
DAILY TRAFFIC VOLUMES
Existing Recommended Exist/
Street Segment Classification( a) Dailv Volume Approxim, LOS C Rec,
Otay Valley Rd.
West of I-80S 4M 18,890 30,000 0,63
I -805 to
Oleander Ave, 4C (c) 17,370 22,000 0,57
Oleander Ave. to
Brandywine Ave, 3C (d) 14,890 12,000 0.83
Brandywine Ave, to
Maxwell Rd, 2C (d) 12,270 12,000 0,61
Maxwell Rd, to
Nirvana Ave. 2C (d) 7,740 12,000 0,50
Nirvana Ave. to
Rock Plant Driveway 2C (e) 3,930 7,500 0,52
South of FeRtOH Rock
Plant Driveway 2C (e) 3,430 7,500 0.46
Brandywine Ave,:
N, of Otay Valley Rd, 3C (e) 2,160 7,500 0,29
Oleander Ave.:
N, of Otay Valley Rd. 2C (e) 1,730 7,500 0,23
Melrose Ave,:
N, of Otay Valley Rd, 2C (e) 2,760 7,500 0,37
(a)
# = Denotes number of lanes
M = Major road
C = Collector
Approximate LOC C from Table 2-1 of the City of Chula Vista's Draft Circulation Element
(11)88) (See Traffic Appendix B)
Class III Collector
Class II Collector
Calss I Collector
(b)
(c)
(d)
(e)
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1. Phase II . Evaluation of Build-Out Network Forecast Daily Traffic Volumes
Table 3.8-2 presents a comparison of the build-out network forecast daily traffic
volumes shown on Figure 3.8-2 and the City's recommended daily volumes for the
roadways (per build-out network functional classification).
From Table 3.8-2, it is evident that Otay Valley Road will be carrying daily traffic
volumes exceeding the City's recommended maximum for its classification between
its 1-805 interchange and Brandywine Avenue. It should also be noted that Otay
Valley Road is very close to recommended maximum for its classification between
Brandywine Avenue and Maxwell Road.
In addition, Nirvana Avenue, just north of Otay Valley Road, is projected as
carrying daily traffic volumes exceeding the City's recommended maximum for its
classification.
2. Signal Warrant Analyses
The intersections of Oleander Avenue/Otay Valley Road, Brandywine Avenue/
Otay Valley Road, Maxwell Road/Otay Valley Road, and Nirvana Avenue/Otay
Valley Road were analyzed to determine the likelihood of signals being warranted
at these locations under build-out network conditions. The Caltrans Figure 9-IC
Traffic Signal Warrant (Based on Estimated Average Daily Traffic) was used for the
warrant analyses. Copies of the signal warrant worksheets for these intersections
are included in the Traffic Appendix B, Section C, which shows that signals are
likely to be warranted at all of these intersections under build-out network
conditions. The signal at the intersection of Otay Valley Road and Nirvana Avenue
will be installed during road construction. The remainder of the signals will be
installed as the City Engineer determines appropriate.
3. Evaluation of Build.Out Network Peak Hour Traffic at Key Intersections
Further analysis of the key intersections was conducted because the following
intersections warranted signalization:
1-805 Southbound Ramp Terminal/Otay Valley Road
1-805 Northbound Ramp Terminal/Otay Valley Road
Oleander Avenue/Olay Valley Road
3-48
7 / - l"jil
TABLE 3.8-2
COMPARISON OF BUILD-OUT NETWORK FORECAST
DAILY TRAFFIC VOLUMES
AND CITY'S RECOMMENDED MAXIMUM
DAILY TRAFFIC VOLUMES
Slreel Sel!menl Classificalionl a)
Otay Valley Rd.
West ofI-805 4M
I -805 to
Oleander Ave. 6M
Year 2005
Daily Volume
Recommended
Maximumlb)
Exisl/
Rec.
33,000
30,000
1.10
43,000
40,000
1.08
Oleander Ave. 10
Brandywine Ave. 6M
Brandywine Ave. 10
Maxwell Rd. 6M
41,000
40,000
1.03
39,000
40,000
0.98
Maxwell Rd. to
Nirvana Ave. 6M
35,000
40,000
0.88
Nirvana Ave. to
FeRtoR Rock
Plant Driveway 6M
26,000
40,000
0.65
Nirvana Ave.:
N. of Olay Valley Rd.
Maxwell Rd.:
N. of Olay Valley Rd.
2C (c)
9,000
7,500
1.20
3C (d)
10,000
12,000
0.83
Brandywine Ave.:
N. of Olay Valley Rd
4C
11,000
22,000
0.50
Oleander Ave.:
N. of Otay Valley Rd.
Melrose Ave.:
N. of Otay Valley Rd.
2C (c)
4,000
7,500
0.53
2C (c)
5,000
7,500
0.67
(a) # = Denotes number of lanes
M = Major road
C = Colleclor
(b) From Table 2-1 of lhe City of Chula Visla's drafl Circulalion Elemenl (11/88) (See Traffic
Appendix Seclion A)
(c) Class III Colleclor
(d) Class II Collector
'~J_!C~C
\ " ~/ ,')
Brandywine Avenue/Otay Valley Road
Maxwell Road/Otay Valley Road
Nirvana Avenue/Otay Valley Road
The analyses of these signalized inlerseclions were performed utilizing the
Intersection Capacity Utilization methodology, lane capacities of 1,500 and 1,700
(for turn lanes and through lanes, respectively), and 0.10 as the minimum
volume/capacity (V /C) for the lhrough or lefl lurn movements. The ICU value
relates to lhe driving conditions using a graded scale for level of service (A lhrough
F). A table which relales ICU value to level of service (LOS) and driving conditions
is included in lhe Traffic Appendix B, Seclion D.
In order to evaluale lhe fulure peak hour conditions al lhe inlerseclions, lhe future
peak hour turning movemenlS were eSlimaled based on lhe build-oUl network
forecasl daily volumes provided by lhe City of Chula Visla slaff, taken from the
Scenario 4 General Plan Forecasl Updale (SANDAG, 11/88). The aflernoon peak
hour volumes were assumed 10 represenl approximately 9 percent of lhe daily
volume, and the morning peak hour volumes to represenl approximately 8 percenl
of the daily volume on Olay Valley Road. For lhe cross streets, the morning and
aflernoon peak hour volumes represenl approximately 10 percent of lhe daily
volume. Figures 3.8-3 and 3.8-4, respeclively, presenl the estimated build-out
network morning and aflernoon peak hour lurning movements.
Figure 3.8-5 illuslrates the lane configurations assumed for the intersections and
used in the ICU calculations. These lane assumptions are based on lhe build-out
network forecast classifications of lhe roadway and the turn lanes necessary 10
achieve future levels of service (LOS) of C or better at intersections of city streelS
and LOS D or better at freeway ramp lerminals. The ICU analysis worksheets are
included in lhe Traffic Appendix Section D, and a summary of the resulls is included
in Table 3.8-3.
From Table 3.8-3, il is apparenl lhal acceplable levels of service can be achieved
during bOlh morning and aflernoon peak hours al all inlerseclions assuming lhe lane
configuralions on Figure 3.8-5 are implemenled.
3-49
i l "1........
I - /
TABLE 3.8-3
BUILD-OUT NETWORK FORECAST
INTERSECTION PEAK HOUR LEVELS OF SERVICE
AM PEAK PM PEAK
INTERSECTION IQ1 LOS la) IQ1 LOS la)
Olay Valley Rd./
I-80S SB Ramp 0.70 B 0.69 B
Olay Valley Rd./
I-80S NB Ramp 0.71 C 0.81 D
Olay Valley Rd.j
Oleander Ave. 0.49 A 0.65 B
Otay Valley Rd./
Brandywine Ave. 0.51 A 0.75 C
Otay Valley Rd./
Maxwell Rd. 0.55 C 0.73 C
Otay Valley Rd./
Nirvana Ave. 0.73 C 0.59 A
(a) See Traffic Appendix B Section D
'?! -It) [)
4. Phase I Impacts
This section of the report assesses the Phase I Plan, east of Nirvana. Assessments
were made of 1) the estimated interim lraffic conditions east of Nirvana Avenue and
2) the eSlimaled inlerim traffic conditions at the intersection of Otay Valley Road
and the Rock Plant Access Road. Certain characteristics of the roadway and its
usage are pertinent 10 this analysis. Such considerations include the following:
o At lhe curve, lhere is a private road (runs easl/wesl) which inlersects Olay
Valley Road and forms lhe east leg of lhe interseclion. There is a stop sign
conlrol for vehicles weslbound on lhe access road al Olay Valley Road. This
privale road accesses lhe FeRtO&-Matefiah; rock planl operated by Nelson &
Sloan and conlribules a number of heavy lrucks 10 Olay Valley Road to/from
the west as well as lo/from the soulh.
o In addition, lhere are several auto dismantling yards 10 the soulh along Olay
Valley Road/Herilage Road which also contribule heavy lrucks.
o Bolh of lhese types of uses are likely to conlribule differenl amounlS of
lraffic on any given day (lhey are difficull 10 predicl in lerms of lraffic
generalion). Also, lhe rock planl's dislribulion of hauling may be changeable
dependent upon area-wide locations of construction si tes.
o Daily lraffic counls (road lube machine counls) were laken by the City in
March of this year. The total vehicles counted by the road lube is inflaled
due to the fairly large number of heavy trucks. This is because road tubes
counl axles and divide by two per vehicle, so that mulli-axle trucks counl as
more than one vehicle.
o BDI look turning movement counlS (counting heavy trucks separately) al the
intersection of Otay Valley Road/rock plant access road between the hours
of 6:30 AM and 5:30 PM. The morning and aflernoon counlS were laken in
March and lhe mid-day counts were laken in April of lhis year.
o During lhe turning movemenl data colleclion, field personnel nOled a large
number of vehicles on Olay Valley Road in lhis seclion had Mexican license
plales. Although il would seem more expedienl for vehicles lravelling
belween Mexico and lhe U.S.A. using lhe Olay Mesa border crossing to use
3-50
,-) / I
--,' c
area freeways, some apparently chose to use Olay Valley Road instead. This
100 may be variable daily or seasonally.
o In examining the road tube counls, it is evident lhal lraffic on Olay Valley
Road between Nirvana Avenue and lhe CVCL is fairly evenly distributed
beginning about 10:30 AM to about 3:30 PM (in lerms of the number of
vehicles in each 15 minule period) and il is during lhis period thaI hourly
lraffic is between nine and ten percent of lhe tola! daily. Only aboul five
percenl of lhe daily lraffic occurs during lhe morning peak hour lhal falls
wilhin lhe "commuler peak period", generally considered 10 be between 7:00
and 9:00 AM. Aboul eighl percenl of the daily lraffic occurs during lhe
afternoon peak hour lhal falls wilhin lhe commuler peak period between
4:00 and 6:00 PM.
Truck traffic, as a percentage of lhe lolal lraffic on the roadway segmenl,
varies from lhree percent 10 nearly thirty percent. During lhe morning
commuler peak hour (occurring from 8:00 to 9:00 AM), 27 percent of the
vehicles are heavy lrucks. During lhe afternoon commuler peak hour
(occurring from 4:00 10 5:00 PM), four percent of the vehicles are heavy
trucks. During the peak hour of lraffic on the slreel (highesl hour of lhe day,
from 11:00 AM 10 12:00 PM), six percent of lhe vehicles are heavy trucks.
All three of these time periods were evaluated in this analysis.
ESlimaled Inlerim Traffic Condilions - Se~menl Easl of Nirvana Avenue
The short term fulure lraffic on Olay Valley Road east of Nirvana Avenue was
estimated based upon lhe following assumplions:
o Yearly growth in traffic on the segmenl would be similar 10 lhal which
occurred between the lasl counl made for the segment (March 1987) and the
latest count made for the segment (March 1989). Both machine counts gave
fifleen minule lraffic inforffialion so lhal several lime periods could be
compared.
The growth assumplion used was a 22 percenl per year rale of increase.
Daily, morning and aflernoon commuler peak hours and the "peak of the
slreel" lraffic volume increases were considered in arriving al the rate of
increase (calculalions are included in Appendix B. Section E).
3-51
'I
(J......
o The lraffic volumes used were those given by the machine counls so lhat lhe
total vehicles, as noted previously, are overstated.
"
In analyzing lhe peak hour conditions and estimating the time period for which lhe
two lane segment would be operating salisfactorily, lhe following crileria and
assumplions were used:
o Existing direclional splits and peak hour faclors for lhe lraffic would apply 10
the shorl lerm fulure lraffic as well.
o Exisling lruck percenlages would apply 10 lhe shorl lerm future lraffic. This
is a conservative approach since presumably as lraffic increases, lhe
percenlage lhal is lrucks would decrease.
o Level of service (LOS) D is acceplable for peak hour condilions on the
roadway segmenl.
o The 1985 Highway Capacity Manual (HCM) two lane rural highway analysis
was used 10 evaluale the exisling conditions for lhe two lane section easl of
Nirvana Avenue and 10 leSl increased amounls of lraffic (10 nol exceed LOS
D). This melhodology uses peak hour lraffic and essentially is based on lhe
lower speeds and delay which occur when vehicles wishing 10 lravel al posled
speeds can nol pass slower lraveling vehicles (affected by no-passing zones,
lruck lraffic, and grades).
This analysis showed lhat peak hourly lraffic can be accommodaled on lhe two lane
seclion eaSl of Nirvana Avenue wilhoul exceeding LOS D for approximately six
years (peak hourly volume of approximalely 1,300 vehicles). The HCM calculation
worksheets are included in the Traffic Appendix, Section E.
Estimated Inlerim Traffic Condilions - Intersection of Otay Valley Road/Rock
Planl Access Road
Anolher consideralion is lhe inlerseclion condilions where the road lurns soulh and
lhe rock plant access road inlersecls Olay Valley Road.
This unsignalized inlerseclion was analyzed using the NCAP Inlerseclion Capacity
Analysis Package (based on Transportation Research Board Procedures) and
3-52
-, ,
\
--, f. '(~
L-/ \
assuming short term future peak hourly traffic volumes consistent with those
eSlimated for the west leg (segment east of Nirvana Avenue) in lhe segment
analysis. It was also assumed that growth in traffic to/from the rock plant would be
al a lesser rale lhan lhe overall growlh assumplion used. Therefore, existing lurning
movements to/from lhe rock planl were increased using a five percent per year rale
of increase. The NCAP worksheels are also included in the Traffic Appendix,
Seclion E. These indicate thaI under lhe assumption of six years' growth, the level
of service for the vehicles leaving lhe rock plant would be LOS E during the "peak
of lhe slreet." For a five year growlh assumplion, the level of service for lhe vehicles
leaving lhe rock plant would be LOS D during the "peak of the slreet," which would
be acceptable.
The morning and afternoon commuler peak hour analyses of the inlersection
showed lhat six years' growth in lraffic could be accommodaled. The segmenl
analysis similarly indicated lhal six years' growth could be accommodaled.
However, lhe overall constrainl would be "the peak of the street" conditions at lhe
inlersection, which indicate that five years' growth could be accommodated before
lhe intersection would need 10 be improved furlher. Such improvements would be
likely to involve resolution of lhe inlersection alignment in conjunction with further
widening efforts (especially the fulure alignment of Paseo Ranchero).
The five year peak hourly volume on lhe segment between Nirvana Avenue and lhe
rock planl access driveway would be approximalely 1,100 vehicles. The daily
volume in five years, at the assumed growth rate of 22 percent per year, would be
approximalely 10,600 VPD.
C. Miti~ation
While the widening of Otay Valley Road itself will not directly increase traffic,
significant traffic impacts are cited to occur along Otay Valley Road due to long-
lerID developmenl and POpulalion growth. The following recommendalions are
made 10 reduce potentially significant impacts to acceplable levels:
o Given lhe existing conditions, the ramp terminals al I-80S and Otay Valley
Road warranl signals al lhis lime. The City of Chula Visla will requesl lhat
Caltrans furlher evaluale signalizalion needs and liming.
3-53
, '
" /)
,'--- '-
o The build-out network forecast shows daily traffic volumes on Otay Valley
Road wesl of I-80S, on Otay Valley Road between I-80S and Brandywine
Avenue, and on Nirvana Avenue just north of Olay Valley Road will exceed
the City's recommended maximum daily lraffic for lheir circulation elemenl
classificalions. Signal warrant analyses performed for lhe intersections of
Olay Valley Road/ Oleander Avenue, Otay Valley Road/Brandywine
Avenue, Otay Valley Road/ Maxwell Road, and Olay Valley Road/Nirvana
Avenue also indicale lhat all four inlerseclions will likely warrant
signalization with build-oul network forecast daily traffic volumes.
Mitigation measures include the inslallation of signals as determined
appropriate by the City Engineers, in order 10 meet the City's Threshold
Slandard. With signalization and lhe lane assumplions shown on Figure 3.8-
5, all interseclions would be expecled 10 operale al acceplable LOS.
o Maxwell Road requires reslriping al its inlersection wilh Olay Valley Road
in order 10 main lain LOS C for fulure peak hour lraffic. Maxwell Road
would need 10 be reslriped to provide a soulhbound lefl lurn lane al lhe
inlerseclion wilh Olay Valley Road.
o The Phase I construclion will widen Otay Valley Road from 1-805 easl 10 a
point jusl pasl Nirvana Avenue where jl would remain a two lane road in lhe
interim. Estimates made in this traffic sludy suggest that "ith some
improvemenls 10 lhe inlersection of Otay Valley Road/Rock Planl Access
(depicled on 3.8-6), lhe two lane roadway would need to be improved afler
aboul five vears. Such eSlimales are fallible, and il is recommended thaI lhe
lraffic condilions be monitored to implement improvements al an
appropriale lime. Further improvemenls 10 Olay Valley Road easl of
Nirvana Avenue will likely require lhe resolulion of the intersection
realignment and improvement or the south leg of the intersection as well.
The soulh leg is currenlly Olay Valley Road. Upon realignment il will be lhe
fulure Paseo Ranchero.
D. Analvsis of Sil!nificance
While build-out forecasts indicate lhal daily lraffic volumes on projecl area roads
will exceed recommended maximums for lheir classifications and thaI four
intersections will require signals, as all inlersections are anticipaled 10 operale al
3-54
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acceptable LOS with signalization and lane assumptions cited above, lraffic impacts
resulting from projecl construction are not considered to be significant.
3.9 ARCHAEOLOGY/HISTORY /PALEOJl.'TOLOGY
A. Proiect Settinl!
1. Archaeology/History
The Archaeology/Hislory survey was conducted by Brian F. Smith and Associales.
The Cultural Resources Resources Report, including a lable showing sites within
project vicinity and associated site forms, are located in Appendix C.
As noted in preceding sections, the majority of the project area has been disturbed
by modern uses. These have included the construction of Otay Valley Road and
various residential streels, the development of various commercial lols and
businesses, cultivalion, and flood damage resulting from the collapse of lhe Otay
Dam in 1916. The flood plain has also been impacted by gravel mining, which has
altered the river course and changed vegelational patterns. Perhaps the only area
slill undisturbed is the bluff which lies to the north of Otay Valley Road. Because
the largest percentage of the project coincides with the present road location, lhe
study area holds only low pOlential for the existence of intacl cullural resources.
The prehistoric selling of Olay Valley is not difficult 10 imagine or reconstruct, since
several areas wilhin lhe valley, especially in lhe easlern area, conlain elements of
the nalural lopography with nalive vegetalion. The valley, loday as well as in the
relalively recenl prehistoric pasl, is characlerized by genlle slopes which parallel the
river course with steeper slopes and terraces along the valley borders. The flood
plain musl have been very ferlile, as several very large siles are found in an almOSl
continuous sequence of occupalion localions; characlerized by a wide seleclion of
lilhic lools typical of a food colle cling subsistence pall ern. Though lhe exaCl nalure
of lhe subsislence pattern pracliced 2,000 to 6,000 years ago in Olay Valley has nOl
as yel been eSlablished by archaeologists, lhe lack of projectile poinls or olher
hunting lools suggesls lhal lhe subsislence pattern of the occupants of lhe valley was
focused upon foraging. Prehisloric occupalion of lhe area would have been based
3-55
...,
upon this ideal natural setting, which included a constant source of water and fertile
soil to support the growth of lush vegetation.
As part of lhe cultural resources evaluation for the Otay Valley Road widening
project, archaeological site files record searches were conducled al lhe San Diego
Museum of Man and San Diego Slale University, and a brief lileralure search was
performed. As noted above, lhe results of the record searches are provided in an
appendix to this report. The searches indicaled thaI several cullural resources were
presenl in lhe near vicinity of the project and approximately 40 sites have been
recorded within a one-mile radius.
The study of the archaeological record of adjacenl siles reveals a number of
pertinenl trends. First, there are few indicalions lhat any of the siles are affiliated
with the Lale Prehisloric componenl, lhe Kumeyaay Indians. The low frequency of
pottery (prehistoric ceramics), lime sensilive artifacls (such as small, triangular
projectile points of the Kumeyaay Indians), and late period dales at sites located
near the project suggest that these siles are mainly atlributable to lhe La Jolla
Complex period of occupalion, daling to between 6,000 and 3,000 years before lhe
present. II is also nOleworlhy lhal none of lhe sile records include descriplions of
arlifacts which would be conclusively associaled wilh lhe San Dieguilo Complex.
Siles SDi-l047l and SDi-10472, which were recorded by Fink in 1973 as siles of the
San Oieguilo Complex, aClually appear 10 be similar 10 moSl of lhe olher siles in lhe
area which are allributed 10 lhe La Jolla Complex.
Several types of artifacts used by lhe La Jolla and lhe Kumeyaay Indians are very
similar in appearance, such as manos, metales, scrapers and hammers tones, because
lhe lilhic production and use of lhese tools were common throughout the Southwest.
The artifacls which are not common to both include pOllery, which was not
introduced to the coast until 900 10 1,000 years ago, and projectile points. The
discovery of a pOlsherd al lhe sile does nol imply lhal the sile was used solely by lhe
Kumeyaay Indians, only thaI lhe Kumeyaay also used the site.
The sites in lhe vicinity of the project are unusually similar in characteristics. Nearly
all consisl of widely dispersed scallers of well-made scrapers, choppers, cores,
utilized/relouched flakes, and associaled flakes. Very few projeclile poinls or
lanceolale blades (bifaces) have been reporled. Occasionally, scallers were more
3-56
'-)' ')
\?
dense and were associated with midden deposits, reflecting locations of aggregalion.
The conlinuity of lhe settlemenl/subsislence pattern represented by lhe siles
suggesls lhat lhis area, and perhaps a much larger one throughoul Otay Mesa, was a
particularly rich food resource area. The sparcity of shell suggests that lhe area was
a focus of vegetative food colle cling, probably associaled wilh seasonal shifts in lhe
subsistence pattern, as demonstrated by Smilh (1987).
Wilhin lhe actual road alignment, lhree siles were previously identified. Two of
lhese are SDi-8065 and SDi-8912, which are recorded as widespread, prehisloric
arlifact scatters. The third site is a recorded but unregislered hisloric resource
associaled wilh the Deneri Ranch. At the lime lhis site was recorded (PRC
Engineering 1980), il was projecled 10 have been the remains of the Deneri Winery.
During the survey of the currenl projecl, lhe descriplions of these lhree sites were
found 10 be correct. None of lhe sites has been lesled for significance or crilically
mapped. The sites do extend furlher 10 the soulh of the survey area, loward lhe
nver course.
The area of the present sludy has been included in lhe areas covered by lhree
previous EIRs. These were, "Draft Environmental Impact Report - Brandywine
Industrial Park" (1980), compiled by PRC Toups Corporalion, "Records and Archival
Searches for Cultural Resources Located in the Otay General Plan Amendment Area"
(1982), prepared by Susan Heclor for RECON, and "Final Environmental Impact
Report - Otay Valley Road South General Plan Amendment" (1984), prepared by PRC
Engineering, Inc. The previous EIR documenls noted lhe exislence of lhe lhree
siles within the area of the currenl road widening project. It is possible that the two
prehisloric siles may be associated wilh imporled fill (PRC Engineering, Inc., 1984);
however, this association could nol be established during lhe presenl study. The
historic site recorded by (Scientific Resources Survey, Inc., for PRe Engineering,
Inc.), as a portion of lhe Oeneri Winery was considered 10 be pOlentially eligible for
nominalion 10 lhe National Regisler of Hisloric Places. Elements of lhe winery
idenlified wilhin lhe currenl projecl area were nOled as consisting of several
concrele foundations.
The survey for lhe currenl projecl was accomplished through the implementalion of
a linear lransect melhodology. Transects, or survey palhs, were aligned from eaSl 10
west at len-meter intervals parallel 10 the course of Otay Valley Road. The use of
3-57
!--
"."
'-7
rigidly aligned and spaced survey transects ensured a thorough coverage of the study
area. In the northeastern lhird of lhe project area, where lhe flood plain gives way
to the steep slopes of the terraces on lhe norlhern edge of Olay Valley, the use of
the linear transecl lechnique was impractical as steepness of the slopes prevenled
lhe implemenlalion of a controlled reconnaissance. Therefore, in lhe areas of
steep, rugged lerrain, the survey process was altered 10 consisl of an inluitive search
of potentially sensitive areas. The use of this intuitive process did not compromise
the inlegrity of lhe survey, as all of the nearly level and moderate slopes (lhose most
likely 10 have been utilized prehistorically) were closely inspected, and only the
sleepesl areas (i.e., those of 15% to 40% slopes) were avoided.
Five prehisloric sites and one hisloric site were localed as a resull of survey. Four of
these were portions of previously documenled sites, while two others are new
discoveries. These siles are:
(1)
SDi-8065
(2)
SDi-8065A
(3) SDi-8912
(4) SDi-1l45
OVR-Temp 1
(5) SDi-1146
OVR-Temp 2
(6) OVR-Historic 1
A widely dispersed scatter of artifacts with a
possible subsurface deposils.
A small concentralion of surface artifacts, wilh a
possible subsurface deposil. Included wilhin
SDi-8065 in lhe record searches, lhe field survey
revealed il 10 be a separale sileo
A widely dispersed artifacl scatter with
occasional cluslering of cultural malerials.
A lighl 10 moderale surface scatter along a bluff
edge.
A very light surface scatter on bluffs located
north of Otay Valley Road.
The remains of lhe Deneri Winery.
All of lhese siles conform to lhe occupalion pattern described in lhe previous
seclion; typically including widespread scallers of artifacls lhal correspond 10 lhe
colleclion and processing of food male rials from plants and lrees presenl along lhe
valley floor.
3-58
~--I ! __ ') 1,/)
. v
2. Paleontology
The paleontology section was prepared by KEA based on geological maps,
published documenls and a review of available EIR documenls relevant 10 the study
area. Mr. Thomas A. Demere of PaleoServices and lhe Nalural Hislory Museum
reviewed lhis section for accuracy.
The Olay Valley Road Widening Projecl is localed in lhe floodplain of lhe Olay
River and againsl lhe norlhern slopes of lhe river valley. Elevalions range from 80
feel above mean sea level (MSL) to approximately 200 feet above MSL. In the
eastern portion of the road length, where lhis change in elevation is abrupl rather
lhan gradually sloping, erosion has carved a series of small soulh lrending canyons
inlo the slope norlh of the road. Long term cultivation, shrub and wellands
vegelalion, and alluvium and colluvium combine 10 make il difficult to view lhe
underlying bedrock geology lhroughoul lhe lenglh of lhe project.
As summarized on lhe relevanl published geologic maps (Kuper 1977, Kennedy and
Tan 1977) lhe general geology of lhe projecl sile consisls of a "layer cake" series of
marine and terreslrial sedimentary formations. From oldest to youngesl lhis
geologic series consisls of Eocene-aged (approximalely 48 million years BP) marine
sandstones of the Mission Valley Formation Pliocene-aged (approximately 3 million
years BP) marine sandslones of lhe San Diego Formation, Pleistocene-aged
(approximalely 10,000 - 120,000 years BP) steam-lerrace deposils and recent
(Holocene-aged) alluvium and slopewash. In general, lhe pre-Holocene deposits
occur along the northern border of the projecl righl-of-way and lhe Holocene
deposils occur along lhe soulhern border. These geologic calegories are important
from a planning slandpoint as lhe distribulion of paleonlological resources (fossils)
in an area is directly correlated with the distribution of the geologic layers within
which lhe fossils are buried.
The San Diego Forrnalion occurs al lhe eXlreme weSlern end of the sludy area near
the intersection of Otay Valley Road and I-80S. Here San Diego Formalion
deposils lie jusl north of Otay Valley Road. The San Diego Formalion (sandstone
parI) is marine and may contain locally rich fossiliferous segments with mollusks,
Foraminifera and marine mammals. As noted in lhe Olay Rio Business Park EIR
(Demere 1987), il has produced large and well-preserved assemblages of fossil
3-59
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1 !
marine vertebrates including sharks, rays, bony fish, sea birds, fur seals, walruses,
dolphins. baleen whales, and sea cows. Demere (1984) has also reported on the
occurrences of fossiliferous exposures of the San Diego Formation at two sites
within approximately 1.75 miles of lhe road alignment (Tl85, RIW, S31). One of
lhese siles has produced remains of shark, ray, bony fish, albalross, fur seal, dolphin
and baleen whale. The Mission Valley Formalion is abutted on lhe north side of
and then crossed by the road in the eastern approximate two-fifths of the study
corridor. This formation is known to contain a rich Eocene marine molluscan fauna
as well as well-preserved remains of various types of terrestrial mammals. The
Pleistocene and Holocene deposils consisl of poorly consolidaled or unconsolidaled
sand, sill, gravel and cobble-sized particles derived from surrounding formalions.
B. Imoacts
1. Archaeology/History
The proposed road widening right-of-way and construction zone will physically
affect lhree of the siles identified in lhe record search and survey. These include:
SDi-8065, SDi-8065A and SDi-8912. The consideration of potenlial impacts 10
cullural resources due 10 the widening of Otay Valley Road must be preceded by an
evaluation of lhe significance of lhe individual archaeological siles. Through an
evaluation of significance, lhe research value and regional importance of a site is
established, and from lhis information lhe significance of lhe impacts from the
proposed aclion can be addressed. This evaluation of archaeological resources is
required by CEQA (Public Resources Code Section 21083.2) as part of an
environmenlal impacl analysis. While lhe general type of site was determined
during the cultural resources survey, more in-deplh information was needed to
evaluate the significance of the resources and the potentially adverse impacts which
may be represenled by the project. The following scope of work was compleled al
each of lhe above siles:
o All surface artifacts and features were mapped and collected;
o A subsurface tesl was conducled via excavation of one-meter-square and 20
cenlimelers deep lesl unils; and
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") j:"
o All recovered male rials were catalogued and analyzed and are presently
stored at the offices of Brian F. Smilh and Associales.
Sile maps, artifacl listings and lesl pit locales are documenled In lhe Cullural
Resources Appendix.
Sile SDi-8065. Sile SDi-8065 was originally recorded as a widely dispersed scatter of
cullural materials in a cultivated field. The resource has been moderately impacted
by lhe exlensive cultivalion of the site area since the late 1800s, and by lhe grading
and construction impacls which resulted from the original installalion of Olay
Valley Road.
The invesligation of SDi-8065 was initialed with lhe mapping and recovery of
surface artifacls, which documented lhe wide dislribulion of cultural materials
parallel to Otay Valley Road. Addilional artifacls associaled wilh SDi-8065 were
visible soulh of lhe alignment out of lhe study area; lhese were nol collecled or
mapped. The surface artifact recovery included two manos, one metate fragmenl,
four flakes, 12 debitage, two cores, four hammerslones, two scrapers, one scraper
plane, and nine fragments of Chione shell. Surface artifacls were difficull 10 delect,
because lhe clayey soil in the field clung to the artifacts, thereby masking cullural
trailS. The surface artifacts were dispersed wilhout any particular pattern, allhough
the eastern portion of the site had a slightly higher frequency of cullural malerials.
The subsurface lesling of Site SDi-8065 consisled of lhe excavation of four lesl units.
and distribuled along lhe longesl axis of lhe sileo In general, the tesl unils did not
reveal any significanl cultural deposits.
In conclusion, SDi-8065 is a widely dispersed sile which does not contain any
deleclable subsurface deposits of any research value or significance. The sile may
relain a high pOlenlial for the exislence of significanl deposils 10 lhe soulh of lhe
alignmenl, however this area was nol part of lhe presenl study and was nol
evalualed.
Sile SDi-8065A. Sile SDi-8065A was recorded as a widely dispersed scalIer of
cultural materials in a cultivaled field localed jusl easl of SDi-8065. The sile is very
likely a locus of SDi-8065, and is separaled from lhis sile by an arlifacl-free area of
3-61
-\-~) J -- ,_~) / "(
approximately 150 feet. The site has been moderately impacted by the exlensive
cultivation of lhe sile area since the late 1800s, and by grading/ conslruction impacts
from lhe original installation of Otay Valley Road. The sile malches the
characterislics of SDi-8065 in all respecls, and is considered 10 be a conlemporary
occupalion sile wilh similar sile function.
The investigation of SDi-8065A included a surface artifact mapping and recovery
effort, which documented the wide distribulion of cullural male rials parallel to Olay
Valley Road. Olher artifacls associaled with the site were visible 10 lhe soulh of lhe
alignmenl oul of lhe sludy area; lhese were nol collected or mapped. The surface
artifacl recovery included lhree manos, lwo metale fragmenls, one flake, eighl
debitage, two hammerslones, one scraper, two utilized/relouched flakes, one pestle,
and one fragmenl of Chione shell dispersed wilhoul any parlicular pattern. Again,
surface artifacts were difficult 10 delect, because lhe clayey soil in the fields clung 10
lhe artifacts, lhereby masking cultural trails.
A single test unit was excavated at SDi-8065A, which did not reveal any significant
cultural deposits; producing only one flake and three shell fragments.
In conclusion, the widely dispersed site did nol conlain delectable subsurface
deposits of any research value or significance. The sile may retain a high potential
for lhe exislence of significanl deposits 10 lhe soulh of lhe alignment, however lhis
area was nOl part of lhe presenl sludy and was nOl evalualed.
Sile SDi-8912. Sile SDi-89l2 was recorded as a widely dispersed scatler of cullural
malerials in a cultivaled field, wilh lhe scatter slrelching from Olay Valley Road to
the Otay River. The site has been moderately impacted by the extensive cultivation
of the site area since the late 1800s, and by grading/construction impacts from the
original inslallalion of Olay Valley Road. In many ways, SDi-8912 parallels lhe
characlerislics of SDi-8065, being localed in lhe same type of lopographic setting,
wilh a surface scatter of malerials dispersed withoul any indicalion of a cenlral
occupation area, although lhe weSlern portion of lhe sile had a slighlly higher
frequency of cultural male rials.
Surface artifacl mapping and recovery included 15 flakes, 15 debitage, two
hammers tones, lhree scrapers, lhree retouched flakes, one drill, and one
3-62
'-:i ,I ___
\
)):J
spokeshave. Artifacts associated wilh SDi-8912 visible south of lhe alignrnenl and
out of lhe study area were nol collected or mapped. Surface artifacls were difficult
to detect, because lhe clayey soil clung 10 the artifacts, lhereby masking cullural
lrails, and the surface ground cover was dense because lhe field had nOl been
recenlly disked or planted.
The subsurface testing of Site SDi-8912 consisted of lhe excavation of four lesl units.
The units were distributed along the length of the site, to sample the broadesl
possible area of the resource. In general, the lest unils did nol reveal any significanl
cultural deposils, all four of lhe unils producing only six arlifacls in tOlal.
In conclusion, lhe dispersed site did not contain deleclable subsurface deposits of
any research value or significance. The site may retain high pOlential for significant
deposits 10 the soulh of lhe alignmenl, however lhis area was nol part of lhe present
sludy and was nol evaluated.
In general, any grading of the proposed roadway will impact the cullural resources
present in lhe path of the grading action. The location of the lhree prehistoric siles
within the proposed right-of-way and construction area suggests thaI planning for
the roadway could not avoid all of the sites. Ltilizing the dala gathered during the
tesling program, the following table presents the significance rating and likelihood
of pOlentially significant adverse impacls:
SITE
SITE
SIGNIFICANCE'
POTENTIAL
IMP ACTS
(1) SDi-8065
N on-significanl; no research potenlial
Not Significant
(2) SDi-8065A
Non-significant; no research potential
Not Significant
(3) SDi-8912
Non-significant; no research potential
NOl Significant
.Relates only to portions of sites within the SlUdy area
3-63
-"r',c
.---.r:.tf.:=r
'/
!.- /~;
The three sites are likely to be impacted by the project; however. based upon the
collection and tesling procedures noled above, as well as the fact thaI portions of
the sites will remain unimpacted by the present project provide the basis for a
determination that lhe impacts to lhese lhree siles will not be significant.
The archaeological site files records searches for lhe project also noted lhat portions
of Deneri Winery were presenl within lhe proposed alignmenl. The concrele
foundalions noted in the records as being portions of lhe winery were relocaled and
inlerpreted as part of the gravel mining operations thaI look place in lhe riverbed.
The reason for this interpretation is lhal lhe concrele slabs are situaled on lOp of
hydraulically mined fill, which matches lhe spoil piles of rocks visible throughoul lhe
riverbed. Portions of the winery may exisl elsewhere in lhe flood plain to lhe south
of the alignment; however, no furlher investigalions were conducted 10 search for
these foundations. The concrete foundalions associaled wilh lhe mining operalions
do nol represenl significanl resources since these do nol relain any research
potenlial concerning hislorical events or persons. Any impacls to lhese foundalions
would not represent an adverse impacl 10 cultural resources.
2. Paleontology
It is possible lhat expansion of the road will result in impacts to significant
paleonlological resources. Though San Diego Formation strata are
characterislically weak and susceptible to rapid erosion based on lhe plans and
profiles provided by project engineers, grading is not expecled at the far western
extent of the projecl in lhe vicinity of this formation. Fossils localed "";thin these
strata therefore should suffer no dislurbance as a result of road widening. Impacts
would principally be expecled to occur when grading activities took place crossing
the Mission Valley Formation.
C. Mili~ation
1. Archaeology/History
No miligalion measures, including addilional lesling and excavalion dala recovery
are necessary.
3-64
? ,/ ')
2. Paleontology
Miligation of impacts 10 paleontological resources may be accomplished by
implementing lhe following measures:
o A qualified paleontologist should be at the pregrade meeting to consult with
lhe grading and excavation conlraclors.
o A paleonlological monitor should be on-site al all times during lhe original
cutting of previously undislurbed sedimenls lhrough and immediately
adjacent to lhe Mission Valley and San Diego formalions 10 inspect cuts for
conlained fossils (see Figure 3.1.1 above). Periodic inspeclions of culs
crossing the alluvial and colluvial deposils is also recommended. (A
paleontological monilor is defined as an individual who has experience in lhe
colleclion and salvage of fossil malerials. The paleonlological monilor
should work under lhe direclion of a qualified paleonlologist.)
o In the event thaI well-preserved fossils are discovered, lhe paleontologisl (or
paleonlological monilor) should be allowed 10 lemporarily direcl, divert, or
hall grading 10 allow recovery of fossil remains in a limely manner. Because
of lhe potenlial for lhe recovering of small fossil remains such as isolaled
mammal leelh, il may be necessary 10 sel up a screen-washing operation on
the sileo
o Any fossil remains collected during lhis program should be cleaned, sorted,
cataloged and (with the owner's permission), deposited at the San Diego
Natural History Museum.
D. Analvsis of Sil!nificance
1. Archaeology /Hislory
,
The presenl project design will not constitute a significant impact to cultural
resources. The intensity of lhe change represented by lhe roadway construclion is
nol significanl eilher singularly 10 any of lhe resources or in a cumulalive sense. In
light of lhe facl lhat lhe evalualion of lhe cullural resources lhal will be disturbed by
lhe projecl has revealed lhal lhe resources are nol unique and offer no
3-65
1 / )
,_.-7--
opportunities for further research, the impacts will not be controversial. The extent
of any impacts to cultural resources which may occur will be minimal, particularly
because no subsurface deposits were identified wilhin the area of lhe proposed road
design.
2. Paleontology
Impacls to fossil-bearing horizons in any of the formations crossed by lhe proposed
road widening would be considered significanl for lhe purpose of impacl evaluation.
Miligalion measures outlined above should be followed. Wilh miligalion, no
significant impacts are expected 10 result from projecl conslruclion.
3.10 AIR QUALITY
A. Proiecl Settinl!
1. Regional and Local MeleorologyjClimate
The climate of Chula ViSla, as with all of southern California, is largely controlled
by the strength and position of the semi-permanent high pressure center over the
Pacific Ocean. The high pressure ridge over the West Coasl creales a repelitive
patlern of frequent early morning cloudiness, hazy afternoon sunshine, clean
daytime onshore breezes and little temperature change throughoul the year.
Limiled rainfall occurs in winter when lhe high cenler is weakest and farlhesl south
when lhe fringes of mid-latilude storms occasionally move through the area.
Summers are oflen completely dry with an average of 10 inches of rain falling each
year from November 10 early April.
Unfortunately, the same atmospheric conditions that create a desirable living
cliffiale combine 10 limil the ability of lhe alffiosphere 10 disperse lhe air POllUlion
genera led by the large populalion allracted 10 San Diego County in parI by lhe
climale. The onshore winds across lhe coaslline diminish quickly when lhey reach
lhe foothill communities easl of San Diego, and lhe sinking air wilhin the offshore
high pressure system forms a massive lemperalure inversion lhat lraps all air
pollulanls near the ground. The resulting horizonlal and vertical slagnalion, in
conjunclion wilh ample sunshine, cause a number of reaclive pollulanls 10 undergo
photochemical reaclions and form smog lhal degrades visibility and irrilales lear
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,-
ducts and nasal membranes. Because coastal areas are well-ventilated by fresh
breezes during the daytime, they generally do not experience the same air pollution
problems found in some areas east of San Diego. Unhealthful air quality within the
San Diego Air Basin's coastal communi lies such as Chula Vista may occur at times
in summer during limited localized stagnalion, but occurs mainly in conjunction with
the occasional inlrusion of polluted air from the Los Angeles Basin into the County,
especially Norlh County. Localized elevaled pollulion levels may also occur in
winter during calm, slable condilions near freeways, shopping cenlers or other major
lraffic sources, bul such clean air violations are highly localized in space and lime.
Concern has been expressed lhal lransport up from Mexico may also bring pollution
inlo lhe Soulh Bay area because of fewer air pollulion control requirements in
Mexico, bul liltle real documenled proof of such lransporl effects exits. Except for
lhis occasional interbasin lransport and possible localized air poilu lion "hol SpOlS,"
coaslal community air quality is generally quile good.
Local meteorological conditions typically conform well to the regional pattern of
strong onshore winds by day, especially in summer, and weak offshore winds at
nighl, especially in winler. These local wind patterns are driven by the lemperature
differences between lhe normally cool ocean and lhe warm inlerior and steered by
any local lopography. In summer, moderale breezes of 8-12 mph blow onshore by
day, and may conlinue all nighl as a light onshore breeze since lhe land remains
warmer lhan lhe ocean. In winler, the onshore flow is weaker, and reverses in the
evening as the land becomes cooler than lhe ocean. While daytime winds are
mainly off lhe ocean from the W-NW, winds do, at times, shift into lhe WSW or
even SW where air pollution emissions from Mexico may be carried across the
border. The daytime onshore and nocturnal offshore flow is further focused by the
Otay Valley topography which steers winds along the valley axis. Winds parallel to
lhe Olay Valley Road alignmenl are lherefore much more prevalent than winds wilh
a very diSlinct cross-roadway directional component.
BOlh lhe onshore flow of marine air and lhe nocturnal drainage winds are
accompanied by two characlerislic lemperalure inversion condilions lhal furlher
conlrol the rate of air pollution dispersal throughoul the air basin. The daytime
cool onshore flow is capped by a deep layer of warm, sinking air. Along lhe
coaslline, lhe marine air layer is deep enough 10 accommodale any locally generaled
emissions. As lhe layer moves inland, however, pollution sources (especially
3-67
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automobiles) add pollutants from below without any dilution from above. When
this progressively polluted layer approaches foothill communities east of coastal
developments, il becomes shallower and exposes residents in those areas to the
reacted byproducts of coastal area sources. The slow drainage or stagnation of cool
air at night creates localized cold "pools" while the air above the surface remains
warm. Such radialion inversions occur throughout the San Diego area, but are
strongesl wilhin low, channelized areas such as the Olay River Valley. They may
lrap vehicular exhausl pollulants such as carbon monoxide (CO) near lheir source
until lhese inversions are destroyed by surface warming the nexl morning. Any such
CO "hot SpOlS" are highly localized in space and lime (if they occur at all), bul
occasionally slagnanl dispersion condilions are certainly an important air quality
concern relative 10 continued inlensive developmenl of the Chula Vista area. The
inlensity of developmenl easl of lhe Olay Valley is sufficiently small thaI such non-
local background poilu lion levels during noclurnal slagnationperiods are relatively
low. The local airshed therefore has considerable excess dispersive capacity lhal
limils the potenlial for any localized air pollution "hot SpOlS."
2. Air Quality
In order to gauge the significance of lhe air quality impacls of the proposed Olay
Valley Road Widening Project, lhose impacts, logether with existing background air
quality levels, must be compared 10 the applicable ambient air quality standards.
These standards are the levels of air quality considered safe, with an adequate
margin of safety, 10 prolecl lhe public health and welfare. They are designed 10
prolecl lhose people mosl susceptible 10 furlher respiralory distress such as
asthma lies, lhe elderly, very young children, people already weakened by olher
disease or illness, and persons engaged in strenuous work or exercise, called
"sensitive receptors." Healthy adults can tolerate occasional exposure to air
pollulant concentralions considerably above these minimum slandards before
adverse effecls are observed.
Nalional Ambienl Air Quality Slandards (AAQS) were eSlablished in 1971 for six
pollution species with state governmenls retaining the oplion to add olher
pollulanls, require more slringenl compliance, or 10 include differenl exposure
periods. The initial altainmenl deadline of 1977 was eXlended 10 1987 for cerlain
national AAQS, and thaI deadline has now passed withoul attainment having been
3-68
J _
) Ii
./
reached. Because California had established AAQS several years before the federal
action and because of unique air quality problems introduced by the reslrictive
dispersion meteorology, there is considerable difference between state and national
clean air standards. Those standards currently in effecl in California are shown on
Table 3.10-1.
Daily routine measurements of air quality distribulions are made in downtown
Chula Vista by the San Diego County Air Pollution Control District (APCD), lhe
agency responsible for air quality planning, monitoring and enforcemenl in lhe San
Diego Air Basin (SDAB). Table 3.10-2 summarizes the last five complete years
(final 1988 data have not been officially published) of monitoring data from the
Chula Visla (80 E. J. St.) slalion. An air quality monitoring station was located at
Brown Field for a number of years which is an exposure more representative of lhe
project site, but lhe Brown Field data were sufficiently similar to downlown Chula
Vista such thaI lhe downtown data characterize the exisling air quality environment
of the Otay Valley with reasonable accuracy. Progress loward cleaner air is seen in
almosl every pollution category in Table 3.10-2. The only nalional slandard lhal was
exceeded lhroughoul lhe 5-year moniloring period was lhe hourly ozone slandard
which was exceeded an average less than 4 times per year (once per year is
allowable). The more stringent slate standards for ozone and total suspended
particulales (dust) were exceeded on a somewhal higher frequency, but overall air
quality in Chula Vista is nevertheless very good in comparison to olher areas of lhe
SDAB.
The continued violalions of national AAQS in the SDAB, parlicularly lhose for
ozone in inland foothill areas, requires lhat a plan be developed oUllining lhe
stationary and mobile source pollulion controls lhat will be undertaken to improve
air quality. In San Diego County, lhis attainment planning process is embodied in a
regional air quality managemenl plan developed joinlly by lhe APCD and
SANDAG with input from other planning agencies. This plan. originally called
RAQS (Regional Air Quality Strategies), is now called the 1982 State
Implementation Plan Revisions (1982 SIP Revisions). The underlying premise of
lhis plan was lhat the County could have continued economic and population growth
and slill achieve basinwide clean air. The plan outlined lhe analysis methodology
and charted lhe necessary sleps 10 reduce the existing excess emissions burden plus
offsel air pollulanls associaled wilh conlinued growth. The 1982 SIP Revisions
3-69
) /
)
TAB~E 3.10-1
Ambient Air Quality Standards
Poilu"" ,......gln; California Standards National Standards
Tlm. COnCMntlon MetllocI . Prim.., s.conaory MetllocI
Omn. 1 Hour 0.0; ppm Ulnvialet 0.12 ppm S_u EII1yi".
(180 ulJlm31 P!lll1DrNUy (235 uIJIm31 PrirnoryStd. Cherriku1'in6'" a
8 Hour 1l.Oppm Non d'p..."w 1l.Oppm Nan..A-J'vVM
C.rban (10 mglm31 InfrWed (10 mgIm3l Seme u InfrWed
M....o.<ide 20 ppm Sp lr .Y 35 ppm Primory SIda. 5p ~ 'f
1 Hour (23 mglm3l (NOIR) (~ mglm3l (NOIR)
........... - 0.053 PI""
Nllragen A-ev- a_ Ph_ (100 uIJIm3l Seme u a_ Ph_
Dioxide CIwmlu..... PrirnoryStd. ClwmiulT'i-
1 Hour 0.25 ppm nll~ .... . n-.ce
(~70 uIJIrn3)
Amulll 80 uglm3
A_.g. . (0.03 ppm) .
2~ Haur 0.05 ppm . 365 uIJIm3 .
Sulfur (131 U91m31 lJIIralIioIet (0.14llllml P.........,;Ilne
Dioxide Fk,.a,. .....1lCe
3 Hour 1300 uIJIm3
. . (0.5llCl1Tl)
, Hour 0.25 ppm - .
(855 uglm3l
AmulII SAz8 EIt.""'.
GeollWtt1C 3OUlJlm3 Inlet Hl;h . . -
SUSllended M.." Vc*mle Sampler
PlIftICUilll. and
MlIlIlOf 2~ Haur 5OUlJlm3 Gravinwn: 150ulJlm3 1n..,,1II
(PM,.) AMIyIiI Same u ~
Prirnory and
Amulll S1dL Grawn.me
Mlh_ . - 5OUlJlm3
M.... Analylil
Sulfat.. 2~ Haur 2!luglm3 Tl.ItIidI_
Barium s.Mfall . . .
30 Day , .5 ugIm3 . .
Lead A_age A1O/TlIC AlOmic
Calendar Ab.cl pIion S_u AblcI'!llJOl1
auart.. - 1.5 UIJIm3 Prirnory Sid.
Hydrogen , Hour O.03llCl1Tl Cadmium Hydr- .
Sulfid. (42 UlJlm31 ~ ~aclIn . .
Vinyi Chloride 0.010 ppm r... Sa;
(chloroet!*1.) 2~ Haur (211 UlJlm31 CcIlICllon, Gu . .
Chrco,,_I.~I~
VlIIbiIily In ouIIIcienl alTClUI'lt UI NducI !hi
pmoaillng Vllibillly 10 1...11'111'I
Reduang 1 QburvaIion 1 0 miI_ wilen 11'1. reiallve . . .
PartId.. humidly II I... 111." 7O"f.
Applicable Only In the Lake Tahoe Air Basin
Cartlon 8 Hour appm NDIR
Manoxicl. (7 mgim3) . . .
VlIItliIlY In 1Ufflci.. amaunIlll .- 11'1.
RIdue:ing 1 ClbIerwtIon P.~"'1O vilibillly' lIll...lI1." . . -
ParlIciII 30 ~ _111. reIaiYI
II I... 111." 7O"f..
!l00 c=~,... e~~l""'+"a f..~,;eo"'" '7fCQ\
/ - ') '; /')
\ ' .-'-. /-"
TABLE 3.10-2
CHULA VISTA AREA AIR QUALITY MONITORING SUMMARY, 1983-87
(Days standards were exceeded, and maxima for periods indica led)
YEAR
Pollulant/Slandard 1W. 12M l2.85. l2B.6. 1987
Ozone:
1-HR > 0.09 ppm 20 18 28 20 15
I-HR > 0.12 ppm 6 4 4 2 .,
~
I-HR > 0.20 ppm 1 0 1 0 0
Max. I-HR (ppm) 0.21 0.15 0.20 0.14 0.16
Carbon Monoxide:
I-HR > 20 ppm 0 0 0 0 0
8-HR> 9 ppm 0 0 0 0 0
Max. I-HR ~ppm~ 13. 7. 7. 7. 7.
Max.8-HR ppm 4.4 4.6 3.9 5.1 3.4
Nilrogen Dioxide:
I-HR > 0.25 ppm 0 0 0 0 0
Max. I-HR (ppm) 0.18 0.20 0.16 0.14 0.15 .
Sulfur Dioxide:
I-HR > 0.25 fpm 0 0 0 0 0
24-HR> 0.0 ppm 0 0 0 0 0
Max. I-HR (ppm) 0.07 0.07 0.08 0.06 0.04
Max. 24-HR (ppm) 0.021 0.021 0.Dl5 0.013 0.011
Total Suspended Particulales:
24-HR > 100 ug/m3 0/60 0/61 0/61 1/61 1/30
24-HR > 260 ug/m3 0/60 0/61 0/61 0/61 0/30
Max. 24-HR (ug/m3) 103. 88. 96. 119. 100.
Lead Particulates:
l-MO > 1.5 ug/m3 0/12 0/12 0/12 0/12 0/12
Max. I-MO (ug/m3) 0.82 0.60 0.38 0.28 0.19
Sulfale Parliculales:
24-HR > 25 ugjm3 1/58 0/61 0/54 0/60 0/51
Max. 24-HR (ugjm3) 25.8 18.0 15.4 17.6 13.3
Inhalable Particulates
(PM-IO):
24-HR > 50 ugjm3 3/51 5/61
24-HR > 150 ug/m3 0/51 0/61
Max. 24--HR (ug/m3) 104. 68.
Source:
California Air Resources Board
SummaI)' of Air Quality Data, 1981-87
Chula Vlsla Moniloring Slalion Excepl for Lead and Sulfale Parlicles which
are from San Diego APCD Island Avenue Stalion.
f- j /) "<:
.
recognized thaI there are meteorological patterns under which County emissions are
uniquely responsible for ozone violations, and there are also conditions where
interbasin transport is a major factor in observed air quality. The basic conclusion
of lhe 1982 SIP was that emissions would be sufficiently reduced by the end of 1987
such lhal all County-related ozone violations would have been eliminated, but lhat
violalions due 10 transport from the Los Angeles Basin will continue as long as lhat
basin continues 10 experience very unhealthful ozone levels. By the end of 1987, it
was apparent that the prediction that County-induced ozone violations would be
completely eliminaled was overly optimislic as some limited viola lions of the federal
ozone slandard due 10 San Diego County-only emissions persisled inlo 1988.
-,
The SIP Revisions are now again being revised in anolher up dale cycle. The new
plan is designed 10 lead 10 incremenlal improvement toward a long-range
allainmenl largel dale and 10 ensure lhal programs are in place to continually off-
set lhe emissions increases associated with continued growth of the basin. The
proposed roadway widening project relales to lhe air quality plan lhrough the
inclusion of the regional transportation plan (RTP) and regional transportation
improvemenl program (RTIP) in lhe air quality plan. If lhe widening projecl is an
identified project in lhe RTP /RTIP, then consistency with lhe transportation plan
ensures similar consislency with lhe air plan. Any regional air quality implications
of roadway projects are therefore incorporated lhrough the inlernal consislency of
regional plans, and are nol analyzed on a projecl by projecl basis. Transporlation
project-related air quality impacl analysis is lherefore confined 10 any local,
microscale concerns near lhe roadway, and nol on any sub-regional or regional
scale.
B. ImDacts
Vehicular sources potentially impact ambienl air quality on two scales of mOlion.
As cars drive throughoul San Diego County, the small incremental contribulion to
the basin air pollulion burden from any single vehicle is added 10 lhal from several
hundred thousand olher vehicles. The number and type of vehicles, lheir operaling
and maintenance characlerislics, and especially lheir lravel speed delermine lhe
overall basinwide mobile source contribulion. The impact from any single
transporlalion projecl, even if il affects a significanl number of vehicles, is very
small on a regional scale. Basinwide air quality impacts from the regional
3-70
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lransportation system are lherefore addressed in terms of lhe overall syslem
efficiency and project compalibility wilh regional air quality plans, bul generally nol
on any single project basis. If any given projecl has been properly incorporated inlo
area transportation improvemenl plans which are the basis for regional air
quality/transportation planning, then the basinwide impact of any proposed
improvemenl projecl is presumed 10 be insignificant.
Locally, however, changes in lhe location of any collection of aUlomotive sources, or
changes in the number of vehicles or travel speeds may impacl the microscale air
quality around any given project sileo Such microscale impacts, in addition to any
lemporary fugitive dusl and construction equipmenl exhausl emissions, comprise lhe
primary air quality concerns for any lransportalion project.
1. Construction-Related Impacts
Soil disturbance to clear and grade the widened roadway sile, prepare the road base,
pave the roadways and install curbs, medians, gutters, elC. will generate considerable
quanti lies of fugilive dusl during lhe conslruction phase. Dusl emissions in areas
where any part of lhe bank must be cuI on lhe north side and fill must be placed on
the south side of the roadway may be substantial. Dust generation depends on a
large number of variables such as soil moisture, silt contenl, wind speed, diSlurbance
level, etc. such lhal there is no universal dust emissions factor 10 allow accurate
eSlimates of projecl dusl impacls.
The California Air Resources Board (ARB) eSlimales thaI roadway conslruction
disturbance covers 6.5 acres per mile, and lhal lhe average monlhly dust emissions
factor is 2 Ions per mile currently under conslruclion if no dusl conlrol measures are
applied. Watering during grading and soil compaction, as required by the rules of
lhe SDAPCD, will reduce lhe unconlrolled dusl level by aboul 75 percent.
Localized dust emissions, when spread over lhe lenglh of lhe roadway projecl and
all the hours of a month, are thus fairly small. If lhe enlire lenglh of almOSl two
miles of roadway is under simultaneous dislurbance, lhe above faclor yields a
predicted monthly dust generation rate of around one Ion per monlh. For CUI/fill
operations, lhe EP A estimates thaI excavalion and soil placemenl generales 0.07
pounds of dusl per yard handled. Truck or scraper loading and unloading generales
an addilional 0.044 pounds per yard. Applying lhese factors to an estimaled 120,000
3-71
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yards of fill, these operations will add anolher 6.8 Ions of airborne dust beyond lhat
genera led by normal construction activities.
Soil dusl is generally chemically inert, and much of the dust is comprised of large
particles lhal are readily filtered by human brealhing passages and rapidly settle out
on horizonlal surfaces such as parked cars, landscaping foliage, outdoor furniture,
elc. It thus comprises more of a soiling nuisance rather than an adverse air quality
impact. Wilh prevailing wesl 10 east winds during lhe daytime, lhe existing
residences north of Otay Valley Road will nol be subslanlially exposed 10 dusl
soiling nuisance potential. A secondary dust concern may presenl ilself when Santa
Ana winds develop in the fall and blow from the east down lhe length of the
roadway alignment. Such winds will pUl lhe residential area downwind of
dislurbance activilies inslead of the more normal upwind orientalion. Even with
"standard" dusl conlrol, dusl plumes can be kicked up by strong winds during soil
disturbance activities. If major clearing, grading or compaction occurs during such
wind evenls, lhe contractor will need to implemenl exlra dusl procedures to prevent
a soiling nuisance from occurring.
In addition to fugitive dust, construction activities will also cause combuslion
emissions to be released from on-site construction equipmenl and from off-site
vehicles hauling concrete and other roadbed materials. As with lhe conslruction
dust, prevailing winds during lhe daytime will expose only lhe homes closesl 10 the
roadway alignment to any noticeable exhausl concenlrations. The mobile nalure of
these sources is such that no single receptor is exposed for any lenglh of lime 10 lhe
nitrogen oxides (NOx), carbon monoxide (CO) and combustion sool released by lhe
heavy equipment. Any nOliceable local impacls will be an occasional "whiff' of
diesel exhaust, bul not in any concentration to threaten clean air slandards. As with
lhe dUSl, such effects are an infrequent minor nuisance, and not a health-threatening
impact.
2. Mobile Source Impacts
On a regional scale, the Clean Air Acl requires that all transporlation projecls be
consistenl wilh lhe Slale Implemenlalion Plan (SIP) 10 achieve clean air if the
federal governmenl is to parlicipale in lhe funding of such a project. In lhe San
Diego Air Basin, lhis consislency requiremenl requires consislency with lhe 1982
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I '7'. -....- L.
SIP Revisions in its current update. Since the Otay Valley Road Widening Project is
a Capilal Improvements Project as part of the regional TIP, that consistency
requiremenl is met and the project has no net regional impact. The Caltrans
guidelines for air quality impacts from lransportation projects suggest the following
wording for such a consistency statement:
This project is in an air quality nonattainmenl area which has transportalion
control measures in the State Implementation Plan (SIP). The revised SIP is
awaiting EPA approval of compliance with posl-'87 planning requiremenls.
The Federal Highway Administralion (FHWA) has delermined lhal both the
Regional Transportalion Plan and lhe Transporlalion Improvement Program
(TIP) conform to lhe SIP. The FHWA has further determined lhat lhis
project is included in the TIP for the San Diego Association of Governments.
Therefore, pursuanl 10 23 CFR 770, lhis projecl conforms to the SIP.
Project-related air quality concerns are therefore confined to the immediate project
vicinity. Locally, changes in lhe distribution or location of traffic near existing
housing may creale ambient air quality distributions different from existing patterns.
To determine whether such source changes might create an adverse air quality
impacl, lhe California line source roadway dispersion model CALINE4 was run to
determine future roadway air pollution due 10 projecl implementalion. The model
was initialized with very reslrictive dispersion condilions and with maximum A.c\1
and PM peak hour traffic in order 10 generale a worsl-case impacl assessment.
Light winds almost parallel to the roadway were used 10 estimale pollutant exposure
at six intersections along Otay Valley Road. Carbon monoxide (CO) was used as an
indicator of any "hot spot" pOlential.
Resulls of the CALINE4 calculations for the AM and PM scenarios are summarized
in Table 3.10-3. FUlure CO levels at lhe maximum exposure poinls are seen to be
completely negligible compared to the hourly standard of 20 ppm. Maximum CO
impacts are 2.0 ppm or less at 25' from lhe edge of each idenlified inlersecling
roadway. With generally low background values, there is absolulely no pOlenlial for
lhe formation of any CO "hol spots" by a very wide margin of safety. Microscale
project impacts under worst-case conditions will not create any impediment to
projecl implemenlalion.
3-73
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TABLE 3.10-3
FUTURE OTA Y V ALLEY ROAD WIDENING MICROSCALE
AIR QUALITY IMPACfS
(Hourly CO concentrations in ppm above non-local background)
Localion AM Peak PM Peak
Olay Valley Road/
I-80S SB Ramps 1.0 1.0
Olay Valle~ Road/
I-80S N Ramps 1.4 2.0
Otay Valley Road
Oleander Avenue 0.8 1.2
Otay Valley Road/
Brandywine Avenue 0.9 1.4
Olay Vally Road/
Maxwel Road 1.3 1.4
Olay Valley Road/
Nirvana Avenue 1.1 0.8
Source: CALINE4 Roadway Air Pollution Model
-:> I - :<;/
c. Mitil!ation
There are no mitigation measures indicated for consideration because microscale
air quality impacts are completely insignificant. Nominal impacl mitigation from
temporary conslruclion nuisance may be possible, and should lherefore be
integrated into construction planning. These measures include:
o Using effective fugitive dust control measures as required by APCD rules
which prohibil the formation of a dusl nuisance al lhe fence line of any
projecl. During Sanla Ana wind conditions, lhese measures may need to be
accelerated when strong winds loft dust more easily.
o Maintaining a regular street sweeping and washing program where project
construction activities inleract with existing traveled roadways to remove dirt
spillage or materials deposited from dirty equipment tires.
o Routing construclion lraffic to minimize inlerference wilh eXlslmg lraffic
patterns and 10 minimize idling lruck queueing near any occupied receplor
localions.
o Regulaling conslruclion activity schedules 10 nol begin until winds are slrong
enough to blow dusl away from the nearby houses between Oleander Avenue
and I-80S (approximalely seven o'clock AM) and Slopping when winds die
down (approximalely four o'clock PM).
D. Analysis of Sil!nilieanee
Conslruclion of lhe Olay Valley Road Widening Project will nol result many
significant impacts to air quality.
3.11 NOISE
A. Proiect Settinl!
Sound is mechanical energy transmilled by pressure waves in a compressible
medium such as air. Noise is unwanted sound. Sound is characterized by various
paramelers thaI describe the rale of oscillalion of sound waves, lhe dislance
between successive lroughs or cresls, lhe speed of propagalion, and lhe pressure
3-74
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level or energy content of a given sound. In particular, the sound pressure level has
become the most common descriptor used to characterize the loudness of an
ambienl sound level. The decibel (dB) scale is used to quantify sound intensity.
Since lhe human ear is nol equally sensitive to all sound frequencies wilhin lhe
entire speclrum, human response is faclored into sound descriplions by weigh ling
sounds within the range of maximum human sensilivity more heavily (middle A) in a
process called "A-weighting," written as dB(A).
Time variations in noise exposure is typically expressed in lerms of a steady-state
energy level equal to lhe energy contenl of the lime varying period (called Leq), or,
alternalely, as a slalistical descriplion of the sound level lhal is exceeded over some
fraction of a given observation period. Finally, because community receplors are
more sensitive 10 unwanted noise intrusion during the evening and al night, slate
law requires that for planning purposes, an arlificial dB increment be added to quiel
time noise levels in a 24-hour noise descriplor called the Community Noise
Equivalent Level (CNEL). An inlerior CNEL of 45 dB(A) is mandaled for multiple
family dwellings, and is considered a desirable noise exposure for single family
dwelling units as well. Since typical noise attenuation wilhin residenlial struclures
wilh closed windows is about 20 dB, an exterior noise exposure of 65 dB CNEL is
thus typically the design eXlerior noise exposure for new residenlial dwellings in
California. Because commercial or industrial uses are nol occupied on a 24-hour
basis, a less stringent noise/land use compatibility criterion is generally specified for
lhese less noise sensitive land uses.
These guidelines form the basis for the Noise Element of the City of Chula Visla's
General Plan which suggests a desirable exterior noise exposure of 65 dB(A) for
residential and other noise sensitive uses. The City's noise policy stales as ilS first
objective that every citizen has a right to live in an environment where noise is not
detrimental to his or her life, health, and enjoyment of properry. Within the policy's
implemenlalion provisions, lhere is a mandale for lhe City 10 consider the effecls of
noise, especially from lransporlalion sources, in its land use decisions in order to
realize lhe above objective.
For roadway improvement projects wilh federal (Federal Highway Administration.
FHW A) funding participalion, a slighlly different noise melric is applied. The
FHW A highway program manual requires lhal lhe "noisiesl" lraffic hour nol exceed
3-75
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67 dB Leq at the exterior of noise-sensitive land uses and that interior levels not
exceed a 52 dB hourly Leq. Less sensilive land uses are allowed a maximum of 72
dB peak hourly Leq at the nearest point of receiver exposure. On many suburban
roadways, lhe 24-hour CNEL, because of its artificial noclumal penalty, and lhe
peak hour Leq are nol much different. The distance of lhe 65 dB CNEL contour
and lhe 67 dB peak hour contour often differ by only a few feet. If, however, there
is a very high truck percenlage during lhe day and very lillle traffic al night, lhe
federal peak hour crilerion is somewhat more conservative (farther from lhe
roadway) than the state-mandated CNEL land use planning conlour dislance.
Existing noise levels along Otay Valley Road derive primarily from surface
vehicular sources on the roadway. Some Brown Field air lraffic is sometimes heard,
especially near lhe easlem end of lhe planned improvemenl project, bUl lhe
conlribulion from lhis source 10 the integra led noise environmenl is small. Along
lhe weslem end of lhe proposed widening area, freeway noise from I-80S blends in
with arterial noise. The freeway componenl is somewhal variable because elevaled
seclions are partially screened by the shape of lhe roadbed ilself. Portions of 1-805
are scheduled for soundwalls in the fulure as funding becomes available, bUl lhe
exact date for inslallalion along lhe section of I-80S near Olay Valley Road is nOl
known al lhis time.
In order 10 characterize currenl noise levels in and around lhe proposed widening
project, a brief on-site noise survey was conducled on AuguSl 5, 1988.
Because of delays in finalizing a projecl descriplion, another sel of on-sile readings
was conducted on January 27, 1989. Short-term (15 minute Leg) noise levels
adjacenl 10 Olay Valley Road were monilored at six (6) localions using slandard
Caltrans roadway noise monitoring protocols. Monitoring was conducted using a
B&K Model 2230 Sound Level MeIer operaling in lhe A-weighled Leg monitoring
mode. The purpose of this moniloring was two-fold. On-sile monitoring provides a
"real-world" characterizalion of baseline noise levels lhal lake inlo accounl sile-
specific vehicle mixes, lravel speeds, noise obSlruclions, etc. Secondly, lhe
monitoring provides a calibralion data base by which a compuler model of traffic
noise can be valida led. The calibrated model can lhen be used wilh a higher degree
of confidence to project fulure noise dislribulions from changing lraffic patterns.
3-76
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The Otay Valley Road readings, in conjunction with concurrent traffic counts and
speed checks, were used to calibrate the federal highway traffic noise prediction
model (FHW A-RD- 77-108) initialized with the latest California vehicle noise
(Calveno-85) emissions data. The results of lhe calibration run versus measured
data (dB(A)) are shown in Table 3.11-1. The model versus measured comparison
shows thaI ambient noise levels were wilhin model predictions by 0.3 dB(A) on the
average with the model slightly overpredicting four sets of readings and predicting
slightly too low for four other sets. At the western end of lhe widening area, non-
local traffic conlribulions from lhe freeway added excess noise 10 the local exposure
to ere ale an underprediction of 1.6 dB. Partial structural screening near the easlern
end of the project area may have led to lhe overprediction. With only a very small
difference between average observalions and model results, one can predicl lhat lhe
FHWA Highway Noise Model will give a reasonable noise characlerizalion in lhe
project area, bul the predicted exposure al any single receplor may have an
uncerlainty of plus or minus 1 - 2 decibels. Any land use planning actions, noise wall
consideralions, elC. as a resull of anlicipaled changes in Olay Valley Road traffic
noise should incorporate a small exlra margin of safety 10 accounl for any
uncertainlies in model predictions.
B. Imoaels
Implemenlalion of the proposed Otay Valley Road improvement project will change
the community noise exposure adjacenl to the roadway through several faclors. The
",~dened roadway ",ill have a portion of lhe traffic sources slightly closer 10 existing
receivers than current conditions. The widened roadway may experience changes in
mean travel speeds, which will affecl lhe noise emissions characlerislics of
automobiles and trucks. Mosl importanlly, lhere ",ill be conlinued development of
the Otay Valley, creating a substanlial increase in travel volumes that will alter the
exisling noise exposure. Of lhe lhree faclors, lhe change in roadway geomelry will
have a minimal effect, but both lhe speed and volume changes are importanl
delerminanls in changes in noise exposure afler projecl completion.
In addition 10 long-term noise concerns from changes in traffic patterns and
roadway geomelries, roadway conslruction aClivilies will creale shorl-lerm noise
impacts during the demolilion of exisling pavement, laying new base where
appropriate, repaving, and adding curbs, gutters and improvemenls. Conslruclion
3-77
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TABLE 3.11-1
EXISTING TRAFFIC NOISE ENVIRONMENT - OTAY VALLEY ROAD
Monitoring Location:
LDA/MDT/HDT
(per hour)
August 5, 1988
W of Oleander
822/ 96/174
552/126/180
528/ 90/186
180/ 72/ 12
174/ 6/ 30
Near Delniso
W of Maxwell
E of Nirvana
Near City Bdy.
January 27, 1989
Near 1-805
1080/108/150
738/ 60/138
576/ 78/ 72
Near Delniso
Near Maxwell
SPEED
(mph)
NOISE LEVELS (dB Leq)
Obs. Model Diff.
40
72.2
72.5
73.2
71.8
65.1
64.6
71.8
73.3
70.8
+0.3
-0.7
+1.2
+2.7
-0.6
-1.6*
-0.8
+1.8
AVERAGE DIFFERENCE = +0.3 dB
Source: FHWA-RD-77-108 Noise Model with CALVENO-85 factors.
45
35
73.9
70.6
40
62.4
65.2
* _ some background contamination from freeway traffic noted by technician
40
30
73.4
45
40
74.1
69.0
~
equipment noise impacls tend to be of greater intensity (higher decibel levels) but
of short duration while long-lerm lraffic noise changes lend 10 be a smaller absolute
increase, but are a chronic, permanenl change in community noise perception.
1. Construction-related Impacts
Temporary roadway construction noise impacts vary markedly because the noise
strength of construclion equipment ranges widely as a function of the equipment
used and its activity level. Short-term construction noise impacts lend 10 occur in
discrete phases dominaled initially by any needed roadbed demolition or
grading/filling, then by lruck noise to haul and dump base and 10 construct a new
surface, and finally for any secondary improvements. The demolilion and grading
sources are the noisiest with equipment nose as high as 95 dB(A) al 50 feet from the
source for jackhammers or graders. Poinl sources of noise emissions are
atmospherically allenualed by a factor of 6 dB per doubling of distance. Based on a
desirable exlerior noise exposure of 65 dB, il mighl require as much as 5 dislance
doublings (over 1000 feel from the source) 10 reduce lhe very loud 95 db(A) inilial
source strength 10 an acceptable 65 dB(A) exposure level. Inlervening slructures
and topography will oflen provide partial shielding such thaI lhe aclual noise
"envelope" from construction sources tends to be somewhat less than ilS theoretical
maximum. Construction noise sources are not strictly relatable to a noise standard
because they occur only during selected limes and the source strength varies sharply
with lime. Conslruction noise impacls are usually conlrolled by placing lime limils
on construclion aClivities imposed as condilions on construction and use permits.
The hours from seven AM to seven PM during weekdays are typically lhe allowed
times for construclion activilies if there are occupied dwellings wilhin a reasonable
exposure zone surrounding the construction sileo
Malerials handling and small slalionary noise sources have lower inilial noise levels,
and lheir corresponding noise impact zones during later phases of roadway
construction are therefore much smaller. The period of potential adverse
construction noise impact is therefore relatively short. The noise emission level
from lrucks, rollers, compressors, etc. are normally around 75 dB such thaI the zone
of objectionable conslruction noise afler lhe demolilion and earthworks phase is
confined to aboul 200 feel from lhe roadway ins lead of extending several limes as
far during lhe mosl noise-inlensive period.
3-78
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2. Peak Hour Traffic Noise Impacts
FUlure lraffic noise along Olay Valley Road will change as traffic levels increase, as
vehicle mixes change, as lravel speeds respond to congestion or signalization, and as
a function of any source-receiver changes due to roadway modifications. For a
widening projecl that creates one travel lane closer to a roadway edge receiver and
one farther away lhan for the existing condition, the change in roadway geometry is
lhe leasl crilical of lhese causative factors. Changes in noise exposure will be far
more dependent upon lhe nalure and character of lraffic using the widened roadway
ralher lhan upon lhe geomelry of the roadway ilself.
Exisling and future noise levels adjacent 10 Otay Valley Road were calculated using
lhe FHW A Highway Traffic Noise Prediction Model as previously detailed.
Calculations were made for lhe CNEL metric specified in the Chula Vista General
Plan l\oise Elemenl as lhe slandard noise/land use compalibility crilerion based on
observed traffic mixes and speeds projected over a 24-hour period. A comparable
set of calculations was also made for the peak noise hour consislenl wilh federal
noise analysis guidelines because lhe short-term input data were more accurately
observed during on-site nose measurements ralher lhan having to be estimated
throughout the evening and night.
The most critical traffic noise exposure in lerffiS of land use compatibility occurs in
the residential area east of I-80S and norlh of Olay Valley Road, which represents
the closest point of sensitive receiver noise exposure relative 10 the proposed
widening project. CNEL levels at the rear yards of these residences (100 feet from
the roadway centerline) were calculated for existing and for fulure lraffic patlerns.
Table 3.11-2 shows that existing noise levels (CNEL) between I-80S and Oleander
east of I-80S on lhe palios of lhe closesl homes are 64+ dB. Wilh projecled lraffic
growth, lhe CNEL level will increase from 64.4 dB 10 69.8 dB wilhin lhe next 15
years. The existing exposure is marginally acceptable based on lhe City's guidelines
while the fulure exposure is well in excess of recommended levels. These
calculations do nOl lake into accounl freeway background noise (which would lend
10 increase noise exposure even more), nor do lhey accounl for lhe fact lhal lhese
homes are slighlly elevaled and partially screened by the elevalion difference (which
reduces the lraffic noise to some eXlenl). Each residence will experience a slighlly
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TABLE 3.11-2
COMMUNITY NOISE EQUIVALENT LEVELS (dB CNEL)
ADJACENT TO OT A Y V ALLEY ROAD
CNEL al Dist to Disl to
Analysis Location: 100' 10 C 67 CNEL 72 CNEL
EXISTING TRAFFIC
West of I-80S 66.2 120' 56'
I-80S 10 Oleander 64.4 91' <50'
Oleander to Brandywine 63.4 79' <50'
Brandywine to Maxwell 62.1 64' <50'
Maxwell to Nirvana 61.2 56' <50'
FUTURE TRAFFIC
Wesl of I-80S 68.6 174' 81'
I-80S to Oleander 69.8 208' 97'
Oleander to Brandywine 69.6 201' 93'
Brandywine to Maxwell 69.4 195' 91'
Maxwell to Nirvana 68.9 181' 84'
Source: FHWA-RD-77-108 (CALVENO-85 Modification)
) 1--
'0
,
,
.
different noise level as a function of distance from the freeway and precise
source/receiver geometry. There is, therefore, a small uncertainty in the above
results. Whal is nol uncertain is that there will be a significant future increase in
traffic noise exposure 10 these residenls. That increase is due 10 development of lhe
Olay River Valley quile independent of whelher Otay Valley Road is widened as
proposed.
While noise levels exceed land use compatibility guidelines for residenlial uses (and
possibly for a proposed river park farlher east up lhe valley if lhe park extends all
lhe way 10 the roadway shoulder), the future 70 CNEL contour distance considered
acceplable for commercial and light industrial uses is slightly under 100 feet from
lhe roadway cenlerline. The combination of roadway half-width and sel-back for
existing and fulure development are generally adequate 10 meet the CNEL
guideline for less noise sensitive uses along Otay Valley Road.
Peak hour noise levels shown in Table 3.11-3 are about 3 dB higher than lhe CNEL
levels, bul the FHWA guidelines for peak hour exterior noise exposure (67 dB
sensitive - 72 dB less sensitive land uses) are 2 dB higher lhan the state CNEL
guideline levels. There is therefore not much difference in the traffic noise impacl
zones using either the City /slale or federal crileria. Bolh approaches indicaled lhal
homes in the residential area between Oleander and I-80S backing on to Olay
Valley Road will be excessively exposed 10 traffic noise from traffic volume growth.
ThaI noise increase is nol related 10 the proposed widening projecl excepl lhal the
widening may induce a more rapid or more inlense developmenl lhan if lhe roadway
were allowed 10 become more conge sled. Al the dislances from lhe roadway 10 lhe
nearesl home, adjustment of lravel lanes from lhe widened roadbed (one lane
closer, one lane farther away than for the existing case), changes noise levels by less
than 0.5 dB for the same traffic volume. There is therefore no adverse noise impact
associaled with projecl implemenlalion, bUl lhe conSlruclion projecl may offer lhe
opporlunity 10 abate lhe noise nuisance thaI exisls and will conlinue 10 grow in
conjunclion with increased development of the Otay River Valley.
C. Milil!ation
Noise abatement can be achieved in a number of ways. One can reduce lhe number
or inlensity of noise emitters, one can increase lhe dislance between source and
'1
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TABLE 3.11-3
PEAK HOURLY NOISE LEVELS (dB LEQ) ADJACENT TO
OTA Y V ALLEY ROAD
Leqal Dist to Disl to
Analysis Localion: 100' 10 C 67 Leq 72 Leq
EXISTING TRAFFIC
Wesl of I-80S 68.9 135' 62'
I-80S 10 Oleander 67.1 102' <50'
Oleander 10 Brandywine 66.2 88' <50'
Brandywine to Maxwell 64.8 72' <50'
Maxwell 10 Nirvana 64.0 63' <50'
FUTURE TRAFFIC
Wesl of I-80S 71.4 195' 91'
I-80S 10 Oleander 72.5 233' 108'
Oleander to Brandywine 72.3 226' 105'
Brandywine to Maxwell 72.1 218' 101'
Maxwell 10 Nirvana 71.6 203' 94'
Source: FHWA-RD-77-108 (CALVENO-85 Modification)
" 'I ('
,
receptor, or one can erect a physical barrier that interrupts the line of sight noise
transmission pathway. Assuming that the Otay Valley reaches its planned level of
development and lhat lrucks will conlinue 10 be an importanl means of shipping and
receiving goods for such developmenl, lhe physical barrier represenls lhe only viable
means of noise reduclion. This would basically entail erecling a perimeler masonry
wall, approximately six feel in heighl, al lhe back 101 line at those residences
backing up 10 Otay Valley Road. The wall would need 10 be atop lhe slope 10
utilize slope height to increase lhe line of sight break between lraffic and rear yard
receiver locations. Maximum effective heighl (slope + wall) of such a barrier is a
crilical factor because of the high volume of lrucks on Olay Valley Road whose
exhaust stacks are so high lhat lheir engine noise propagates directly over a short
barrier. Placemenl of such a barrier wilhin lhe roadway right of way would
therefore be less effective since ilS "soundshadow" would be smaller if conslrucled al
lhe toe of the slope inslead of al lhe top. With lhe inclusion of an adequate
protective barrier al lhese homes, and with adoplion of conslruction activity time
constraints to minimize construclion noise impacts, the proposed roadway
improvement will not create any adverse noise impacls, and will, in fact, resull in a
better noise environment than exists under current conditions. Such a barrier may
also provide visual screening and reduce lighl and glare and on-sile noise from a
proposed auto cenler soulh of Olay Valley Road. If the conslruction of lhe
recommended wall is not feasible as part of lhe widening projecl, lhen perhaps it
may be included as a condilion of approval for lhe proposed auto cenler.
D. Analysis of Sil!nificance
Although construclion-relaled noise will exceed lhe desirable eXlerior noise
exposure of 65 dB (by as much as 30 poinls al a 50 fOOl dislance) the facl lhal the
impacts will be of relatively short duration--during construction only,--will be
reslricted 10 certain hours, and will be partially screened by intervening slruclures
and lopography results in conslruclion noise nol being considered a 'significanl'
impact overall.
Of greater significance will be increased nOlse related to the greater carrying
capacity of Olay Valley Road. Exisling noise level readings made al lhe closesl
homes (64 + dB) show lhal lhe maximum desirable eXlerior noise level has basically
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already been met. Based on projected traffic growth lhe increase of approximately 5
dB wilhin lhe next 15 years will constilule a significanl noise impact to residences in
the project area. A barrier wall can be conslructed which would aid in abalement of
this significanl impact.
3.12 AESTHETICS
A. Proieet Settin!!
1. Landscape Character and Scenic Quality
Otay Valley Road is a predominantly level roadway lhrough lhe Olay River Valley,
where elevalions range from 118' 10 142' above mean sea level. The viewshed,
defined as lhe 'seen area' from the roadway, is restricted 10 the north and soulh by
adjoining mesas lhal rise to 240 feel above mean sea level. These mesa hillsides are
localed approximately 0.1 10 0.5 miles norlh of the road and 0.8 10 1.5 miles soulh of
lhe road and lhereby reslrict views to lhese dislances. Visibility 10 the easl is
generally more expansive, with dislanl views 10 the mountains occurring in this
direclion. To the wesl, the I-80S interchange and roadway land use developments
Ii mil visibility from lhe roadway 10 lhe immediate foreground.
Common nalural visual experiences along lhe enlire project roadway are
inlermillent views 10 the Olay River and wetlands in lhe foreground and more
distant middleground views to lhe surrounding mesa hillsides. The visual quality of
the wellands ranges from generally nalural and scenic 10 areas disturbed with debris
dumping and unimproved roads. The northern mesa hillsides vary in character from
developed and urbanizing in the northwest, to undeveloped in lhe norlheast. The
visual quality of the southern mesa hillsides has been generally disturbed, numerous
unimproved roads and off-road bike trails crisscross the hillsides.
The overall visual characler of lhe roadway views has been gradually changing in
recenl years from a rural agricultural valley and open space landscape 10 a
developing urban and induslrial park cenler. From I-80S 10 Nirvana, the landscape
is presently a nUxlure or natural open space, agricultural and urban uses. Recenl
developments, including residential, induslrial, public and commercial uses are
found inlermillently and primarily norlh of the roadway. Soulh of lhe roadway,
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limited commercial, public and industrial uses are intermiltently viewed along with
the rural agricullural and open space lands. Plale 2 in the land use section shows
photographs of recent developments. In comparison, east of Nirvana, the roadway
character has remained predominantly rural. While some induslrial developmenls
have occurred along portions of lands north of Otay Valley Road, the roadway views
in this area are primarily 10 lhe Otay River wetlands, the southern mesas, as well to
the remaining agricultural lands and more distant mountains to the east. Plate 3 is
representative of lhe rural settings viewed from Olay Valley Road.
As discussed in Section 3.5, Land Use, the projecl area is planned for open space
and park uses along lhe river, wilh research and general manufacturing planned 10
the north and soulh of the roadway where condilions permil (See Figure 3.5.4). As
such, lhe visual characler of the roadway views will conlinue 10 change over lime
from a rural agricullural and open space landscape to a mixture of urban uses and
open space elements.
2. Visual Sensitivity
Visual sensilivity is a measure of lhe degree of viewer presence and exposure.
Numbers of viewers include those lhal will ulilize the road (Le., roadway travelers
having views from lhe roadway) and people viewing lhe roadway from adjacent
areas (i.e., people having views 10 lhe roadway). Views from lhe road will increase
in frequency significantly over lhe nexl several decades. The number of people
eSlimated 10 have views from lhe roadway is based upon average daily lraffic
volumes (ADTs). In 1989, the ADT along Olay Valley Road ranged from 17,370 at
lhe weslern extenl of the project roadway (between I-80S and Oleander) 103,930 al
lhe easlern end (between Herilage Road and Olay Valley Road). By project
build out, ADTs along Otay Valley Road are projected to be between 43,000 and
26,000 ADTs at these same locations.
Views to the roadway will be from adjoining roads, from research and general
manufacturing uses, and from commercial, public and residenlial uses localed wilhin
lhe project viewshed. Al present, the majority of viewers are associaled with
induslrial, commercial and public uses. Exisling residenlial viewers are found only
al lhe Princess Manor Unil 5 Subdivision and from lhe remaining single family
residences in lhe valley.
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Otay River Valley Agricultural Lands
Dtay River Valley Wetlands And Mesas
PLATE 3 REPRESENTATIVE RURAL VIEWS SOUTH OF OTA Y
V ALLEY ROAD)! 'L /
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In addilion to the existing land uses located adjacent to the roadway, views will be
afforded by future developments planned for the project vicinity. Figure 2.4.2 and
Table 2.4-1 lisl lhe proposed developments wilhin the project area. In general,
industrial projecls are presently proposed within portions of lhe City of Chula Vista.
A number of residenlial projects are proposed south of lhe project area in the City
of San Diego. In addition, views 10 the roadway may also be afforded in the future
by lhe potential Olay River Valley Regional Park.
B. Imoaets
The proposed project will have a beneficial impacl on the aeslhetics in lhe projecl
area. In addition 10 lhe six traffic lanes, lhe proposed roadway design, shown on
Figure 2.2-4, includes landscaped medians lhal will be 16 feel in widlh and
landscaped areas on both sides of lhe roadway. Wilhin lhe roadway medians,
decoralive pavements will be installed in 65% of lhe area, wilh lrees and shrubs
planted in lhe remaining 35%. North of lhe roadway and sidewalk, a landscaped
parkway, 6 feet in widlh will be planled where space permits between lhe sidewalk
and the northern righl-of-way line. South of lhe roadway, a 20' landscape area will
be inslalled wilh species lhal will be ecologically compalible with lhe adjacenl
wetlands. In the area east of Maxwell Road, the landscaping will only cover the slopes
down to the wetland boundary and may not include the full 20-foot landscaped area.
Cumulalively, lhe landscape design will creale a scenic enhancemenl along lhe
roadway and from portions of lhe roadway lhal currently have views to dislurbed
landscapes. In addition, lhe wetlands miligation plan will result in lhe creation and
enhancemenl of approximalely 6.0 acres of wetlands along lhe Olay River Valley.
See Seclion 3.3.C for information of the wetlands mitigation. As part of the
wellands mitigation program, native trees and shrubs will be planted in presently
disturbed portions of lhe Otay River Valley, lhereby enhancing lhe nalural scenic
amenities of the area.
The existing viewers within the City of Chula Visla, lhat will have visibility 10 lhe
road are the same as those described above in Section A. Once developmenl occurs
in the City of San Diego 10 the soulh, lhose areas on lhe edge of lhe mesas will also
have views 10 lhe projecl. At lhe present time, due 10 the uncertainty of future land
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use policies in this portion of the City, the types of viewers (i.e., residential,
commercial, public etc.) is unknown. (See Seclion 2.4).
C. Mitil!ation
No miligation measures are required since the proposed project will have no
adverse impacts on aeslhetic qualities.
D. Analysis of Sil!nificanee
The proposed project will alter and enhance the visual quality of the project area
through lhe roadway design and landscaping plan and through the implementation
of a wellands mitigation program that will create and enhance a total of 6.0 acres of
wetlands habitat. Given the nalure of surrounding zoning designations, as well as
existing adjacenl industrial and diSlurbed areas, the impacts of constructing lhis six
lane prime arterial highway is considered to be beneficial and compatible with both
the Olay River and lhe ultimate urban development that is planned for this area.
3.13 COMMUNITY SOCIAL FACTORS
A. Proiect Settinl!
For most of lhe proposed project's lenglh, Otay Valley Road is surrounded by
induslrial, agricultural and open space uses. The only identifiable residenlial
community or neighborhood within the project area is located north of Otay Valley
Road, east of I-80S and south of Orange Avenue. This neighborhood is bound, and
conslrained on lhe east by the existing County landfill and Otay Valley Road
induSlrial area.
Major land uses within this neighborhood include single family and multi-family
residenlial, Valle Lindo Park and Valle Lindo Elemenlary School. Based on 1980
U.S. Census data, residenls of lhis neighborhood are predominantly while and
Hispanic, relalively young and members of larger than average family households.
Median household income is above average wilh relatively few below lhe poverty
level. The median value of owner-occupied housing unils is slightly above lhe
regional median.
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B. ImDaets
,
The proposed project passes adjacent to the soulh side of this neighborhood and
would nol displace any of its residential, commercial, recreational or institutional
elemenls. Consequently, lhe projecl would nol aller lhe level of community
cohesion or community character for this neighborhood. Olher neighborhoods 10
lhe wesl of lhe projecl are isolated from its effects by I-80S. During project
conslruClion, vehicular accessibility to and from lhis neighborhood from the south as
well as all other land uses in lhe project area may be lemporarily reduced. It is
expecled, however, lhal all exisling legal access will be maintained and no detours
will be required. Similarly, the response items for emergency services (police, fire,
ambulance) may be reduced slightly by project construction activities. In general,
afler projecl complelion, vehicular access and emergency services response limes
will be improved for land uses in the project area.
In particular, lhe Shell Oil service slalion and Chula Vista Animal Shelter may
lemporarily experience some losl sales and income from access limilalions.
The proposed road widening and upgrading of ulililies will facililale lhe fulure
development and redevelopmenl of industrial properties along Otay Valley Road.
Consequenlly, higher employmenl levels and property values could be expected
within lhe Otay Valley Road Redevelopment Area as a result of the planned
improvemenls.
C. Milil!ation
Fair markel value will have to be paid to all private landowners whose property
(land and improvements) is required for the proposed project. In addition, all
existing legal access will be mainlained lhroughoul conslruction.
D. Analysis of Simifieanee
Mosl of the impacts concerning community social faclors are lemporary,
construction-related effects. However, lhe projecl also affords some long lerm
benefils by improving accessibility in lhe project area. On balance, adverse impacls
to community social faclors are not considered significant.
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3.14 COMMUNIlY TAX STRUCfURE
A. Proiect Settin!:
,.
The proposed project righl-of-way is located entirely within lhe City of Chula Vista
and would affect properlies in Tax Rale Areas 1126 and 1132. Taxing agencies lhal
receive a significant share of the property laxes collected in lhe affecled Tax Rate
Areas include the County of San Diego, City of Chula Vista, Chula Visla School
Oislricl, Sweetwaler Union High School Oislricl and Sweetwaler Community
College District.
The projecl is also enlirely wilhin lhe Otay Valley Road Redevelopment Area. The
Redevelopment Area includes 762 acres largeled by lhe City for redevelopmenl,
rehabilitation and revitalizalion. It does nol include the residenlial neighborhood
north of Olay Valley Road and east of I-80S, nor lhe Atomic Investmenls property
lhal is leased by Pacific Bell for its service cenler.
Construction of the proposed projecl will probably be financed through formalion of
an assessment dislricl.
B. ImDacts
The proposed projecl would convert land from private ownership 10 a long-lerm
public use. Approximalely 15 acres of property would be removed from lhe tax
rolls. In lotal, less than $2,000 per year of property tax revenue will be lost 10 lhe
affected taxing agencies. These agencies will nol benefit from the increased
property values accruing from future developmenl and redevelopment in lhe
Redevelopmenl Area, which may resull from implemenlation of lhe proposed
projecl. Any such property lax bene filS will accrue to the Chula Vista
Redevelopment Agency.
The project will facililate implementation of the Otay Valley Road Redevelopment
Plan, which will enhance property values and increase employment opportunities.
In general, the community will benefit from the economic development stimulated
by the proposed project.
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C. Mitil!ation
The conversion of privale property to a public use and the resulling loss of property
lax revenues are unavoidable. No miligation measures are proposed.
D. Analvsis of Silmilieance
None of the impacts concerning community tax structure is considered significant.
The annual revenue loss 10 each of the taxing agencies affected by the proposed
project land conversion would be nominal in comparison to total revenues.
3.15 UTILITY SERVICES/ENERGY CONSERVATION
A. Proieet Settine
Existing ulilities paralleling Otay Valley Road include primarily overhead electrical,
telephone and cable television lines as wen as a gas pipeline and water mains.
The Olay Valley area is provided wilh energy by San Diego Gas and Eleclric
(SDGandE), Southbay, localed al 436 "H" Slreel, Chula Visla. The primary
eleclricalline along Olay Valley Road is 12 kV and was recently reconductored with
larger conductors to accommodale energy obtained from a methane generator
localed al lhe County dump just north of Energy Way. The line parallels the road 10
the south from I-80S until just before Nirvana Avenue. Al lhis poinl the line is
undergrounded, passing beneath lhe road 10 lhe north side and paralleling il
eastward. Approximalely 500 feel easl of Nirvana Avenue, the line once more
becomes an overhead circuil. Feeder lines servicing residenlial and other uses
along the road head off of the main line in the vicinity of Oleander Avenue and east
to Maxwell Avenue on the north side. These lines are either underground or above
ground for a short distance (e.g., 400 feet) before undergrounding. An above
ground distribulion line also eXlends soulh of Olay Valley Road in lhe vicinity of lhe
Otay Rio Business Park development. This line is currently slated to be
undergrounded during development of the Business Park on lheir property.
SDGandE also currenlly maintains an eighl inch sleel gas line wilh four inch
polyelheline pipe allachmenls/diSlribulion mains, which is localed under lhe
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existing Otay Valley Road. This pipe currently extends to Maxwell Road. A four
inch polyetheline extension will be laid from Maxwell to Nirvana Avenue before the
new road is paved. Present plans are to wait until a firm date is set for
improvements to Otay Valley Road east of Nirvana Avenue before any further line
is laid. Before lhe road is paved, lhe new polyelheline pipe will be continued from
Nirvana easterly to serve Otay Rio Business Park and future development on
County land 10 the east (personal communication from Mr. Richard Heilman, April
21, 1989).
The Otay Municipal Water District also currently maintains walerlines in the Olay
Valley Road. A 12 inch main eXlends from Oleander Avenue easl 10 Brandywine
Avenue. From Brandywine 10 Maxwell Road, two lines are currently in place, one
10 inch and one 12 inch. A 10 inch main currently eXlends easl from Maxwell to
several hundred feel east of Nirvana (personal communicalion wilh Mr. Manuel
Arroyo, April 20, 1989).
Telephone and privale television cables are also localed along Olay Valley Road.
These lines are partially overhead and parlially underground. The Pacific Bell lines
presently conlinue 10 Maxwell Avenue (personal communication wilh Ms. Frances
ESlrada, April 20, 1989). The Cox cable lelevision lines stop jusl easl of Oleander
Avenue (personal communication wilh Ms. Christie Andrew, April 21, 1989).
B. ImDacts
As part of lhe projecl, new waler line segmenls will be installed along lhe Otay
Valley Road roadbed prior 10 paving. A 12 inch pipe will be inslalled from I-80S
easl 10 Brandywine Avenue. Slarling al Maxwell Road a 16 inch water line will be
installed easterly by the Otay Rio Business Park Projecl proponent (to half-way
between Nirvana Avenue and the Rancho boundary) (personal communication from
Mr. Manuel Arroyo, April 20, 1989). A 12 inch line will exlend soulh of here 10
serve the developing Olay Rio Business Park. Evenlually, an addilional 12 inch line
10 lhe easl is expecled 10 serve developing properties such as Baldwin, and may at
lhal point hook up to new pipes coming into lhe projecl area from Otay Reservoir.
Impacls to lhe Olay Valley waler system from lhe proposed project would be
beneficial as lhe syslem would be enlarged in anlicipalion of fulure use and be able
to provide waler 10 an extended service area.
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With the exception of the (varying) cost differential, none of lhe utilities conlacted
foresaw any negative impacts 10 lheir ulility due to lhe planned undergrounding of
the lines. Favorable impacls were nOled by Mr. Heilman of SDGandE. Because of
several bad corners on Olay Valley Road, lhe exisling poles have been hit by cars.
He also noted lhat overhead lines are more easily affected by Slorms, resulting in
power outages. Any difficulty in operation due to the relative inaccessibility of
underground lines is well-balanced by lhe lessened susceplibility of lhe line to
damage.
C. Mitil!ation
No mitigative actions are required as no negative project-related impacts were
identified during lhe study.
D. Analysis of Sivnificanee
No significanl negative impacts will result 10 lhe systems discussed above as a resull
of lhe project.
3.16 THRESHOLD/STANDARDS
The City of Chula Vista has adopted a series of Threshold/Standards (November
17, 1987) as parI of ilS Growth Management Program. Of the eleven issue areas
addressed in lhe Policy, seven require projecl-by-project review. The following
discussion addresses lhese seven issues.
Fire and Emer~encv Medical Service - The objective of this Standard is to "ensure
lhat fire and emergency medical service slaff are properly equipped, lrained and
funded 10 provided lhe desired level of service lhroughoUl the City." The Slandard
idenlified is a response lime of seven minules or under in 85 percent of lhe cases.
The City of Chula Visla has prepared a Draft Fire Slation Location Sludy 10 plan
for lhe future facilities needed al buildout of lhe proposed General Plan Updale.
During conslruclion, portions of lhe road will be torn up. At no lime, however, will
lhrough lraffic be rerouled complelely nor will access 10 inlersecling roadways be
disrupled or blocked. Following conslruclion lhe widened and improved road may
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provide decreased response time, particularly if a new eastern area fire station is
constructed.
1
Police - The Threshold objective is to "ensure that police staff, equipmenl and
lraining levels are adequale 10 provide police service al lhe desired level throughout
lhe City." The slandard identified is a response lime of five minules or under in 75
percent of emergency calls and of seven minutes or under in 90 percent of
emergency calls.
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During construction portions of the road will be lorn up. At no time, however, will
through traffic be rerouted completely nor will access 10 inlersecting roadways be
disrupled or blocked. Following conslruction lhe widened and improved road may
aid in decreased response time.
I<
Traffic - The main traffic objective contained in lhe Threshold Policy is to ensure
adequale capacity while maintaining acceptable levels of service, including lhe
planning of new roadway segments and signalized inlersections. Threshold/
Standards apply parlicularly 10 intersections. The method by which lhe Policy
requires the level of service to be assessed for an intersection is Intersection
Capacity Utilizalion (ICU). The melhod implies thaI only signalized inlerseclions
are required 10 meet the Policy goals. A rating of LOS 'C' or be Iter musl be
maintained at all interseclions, wilh lhe single exception lhal LOS 'D' may occur of
signalized intersections for a period not 10 exceed a tolal of two hours per day.
For lhe analysis of inlerim condilions al lhe unsignalized interseclion of Olay Valley
Road/Rock Planl Access, il is assumed lhal lhe Thresholds/Standards do nol
direclly apply. However, lhe policy guidelines were considered in lhe analysis since
lhe crilerion used was lhal lhe peak hour level of service be LOS D or better. It
should be remembered lhat this level of service was for movements on the private
driveway and nol lhe movements on Olay Valley Road.
Al build-oUl, it is anticipaled that every signalized intersection along Otay Valley
Road will operale al LOS 'C' or beller.
Parks and Recreation - The Threshold Policy goal is 10 "provide a diverse and
flexible park syslem which meelS both the aClive and passive recrealional needs of
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lhe citizens of Chula Vista." It sets a standard ratio requiring three (3) acres of
neighborhood and community park land with appropriate facilities per 1,000
population easl of I-80S.
The City of Chula Visla adopled General Plan designales lands along lhe Olay
River drainage for public park and open space uses. Chula Vista and San Diego
cities, as well as the County, are also currently working on an Otay Valley Regional
Open Space Park. The southern limits of this park area will include at a minimum
lhe wetlands associated with lhe River (see Section 3.7).
The proposed project will not directly result in an increased population base in lhe
projecl area. Road construction will, however, impacl lhe existing wetlands area.
Approximately 4.1 acres will be impacted, including 3.0 acres of wetlands
permanently lost, and 1.1 acres subject 10 short-term construclion impacls.
Mitigalion proposed as part of lhe road widening project includes 1:1 restoration of
areas subjecl 10 short-term impacls (including enhancemenl 10 a higher quality
vegelalion). An appropriate figure for replacement of acreage lost would be a ratio
of 2: 1, resulting in the overall creation of approximately 6.0 acres of new wetland
habital dominated by willow woodland. These efforts will significantly improve and
enlarge lhe wetlands habitat to be incorporated into the planned regional park. As
such, lhe proposed project will improve the condilion of lands potentially
incorporaled into the planned regional park.
Drainai:e - The goal of lhe drainage slandard in the Threshold Policy is to ensure
that "individual projects will provide necessary improvemenls consislent with the
Drainage masler Planes) and City Engineering Slandards" sufficient 10 "provide a
safe and efficient storm waler drainage system."
There are currenlly twelve storm drainage culverts under the exisling road which
drain waler north to soulh into lhe Olay River (see Seclion 3.2). One-hundred year
frequency flows show thaI drainage capacity would be exceeded al al least five of
these localions.
The project proposes a roadway drainage syslem consisling of calch basins and
piping which will generally follow lhe nalUTal course of drainage and will be sized 10
accommodate roadway surface flows. Surface drainage will follow street gutters and
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storm drains, which will empty into the Otay River floodplain. Provisions will be
made for erosion and sediment control during construction. Improvements will be
consistent with the Drainage Master Plan and the drainage system will be evaluated
by lhe City's Engineering Department for adequacy. As such, the proposed project
is consistent with the Threshold Policy.
Sewer - As stated in the Objective, "individual projects will provide necessary
improvements consistent with Sewer Master Plans and City Engineering Slandards."
This is 10 be accomplished by ensuring thaI sewage flows and volumes do nol exceed
City Engineering Standards. The proposed road widening will nol resull in any
changes 10 current use levels or system capacities. As such, growth forecasts and
new facilities will not be required. The project is in compliance with this
Policy /Threshold.
Waler _ Two Objectives are noled by lhe City for lhis lopic: To 1) "Ensure thaI
adequale storage, trealment and transmission facililies are conslrucled concurrently
wilh planned growth," and 2) "Ensure thaI waler quality slandards are nOl
jeopardized during growth and construction."
The Olay Municipal Waler Dislricl currently mainlains walerlines from Oleander
Avenue 10 several hundred feet easl of Nirvana Avenue in the Olay Valley Road
bed (see Seclion 3.15). These lines will not be removed. Prior to paving, however,
new 12" and 16" water lines will be installed which will also extend furlher to lhe
easl and south than the exisling waler mains. Impacts 10 the Olay Valley water
system from the proposed project will be beneficial as lhe syslem will be enlarged in
anticipalion of future use and will be able 10 provide waler to an extended service
area.
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4.0 ALTERNATIVES
The proposed project will not result in significant adverse impacts if all
recommended mitigation measures are implemented. Two locational alternatives,
as well as lhe No Projecl Alternalive, were evaluated for lhis project in order to
compare the proposed project effects with olher righl-of-way options. The
locational alternatives were identified to provide routing options and right-of-way
widlh alternatives lhat may provide environmental savings to significant natural
resources, including wetlands, soils and cultural resources.
o Alternalive 1 - Alternative 1, shown on Figure 4.1-1, is lhe same as the
proposed project from I-80S to a point east of Nirvana Road where the
existing curb and gutter improvements end. In this western roadway section,
Olay Valley Road would be widened 10 a six lane prime arterial road, within
a 128 foot righl-of-way. Easl of Nirvana, Alternative 1 would transition from
a six lane prime arlerial roadway to a four lane major street, which would
require a 100 foot righl-of-way. The righl-of-way boundary for Allernative 1
would be lhe same as lhe proposed project's northern boundary for lhe entire
road length. A Suboplion to Alternative I is to reduce lhe righl-of-way in the
weslern projecl area 10 84 feel, in accordance with slandards for a four lane
collector street.
o Alternative 2 - Alternative 2, shown on Figure 4.1-1, is also the same as the
proposed project from I-80S to the point east of Nirvana Road where the
exisling curb and gutter improvements end. East of Nirvana Road,
Alternalive 2 would transition from a six lane prime arterial roadway 10 a
four lane major street, wilhin a 100 foot righl-of-way. The righl-of-way
boundary for Allernative 2 would be established immedialely adjacent 10, but
nol within, lhe wetlands area. Consequently lhis alternative encroaches inlo
sleep hillsides at the northeaslern edge of the projecl area. An 84 fOOl righl-
of-way is also a Suboplion for Allernative 2.
The pOlential consequences of the No Project Alternative and Alternatives 1 and 2
are discussed below.
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4.1 NO PROJECf ALTER..t'IJATIVE
The No Projecl Allernalive consisls of no action taken by the City of Chula Visla to
conslruct or implemenl the proposed project or eilher of the projecl allernalives.
This allernative would discourage fulure infill industrial growth along Otay Valley
Road and inhibit economic growth in lhe Otay Valley Road Redevelopmenl Area.
This is conlrary to the goals of the Chula Vista Redevelopmenl Agency as sel forth
in lhe Otay Valley Road Redevelopmenl Plan. The plan specifically calls for lhe
correction of problems relalive to circulalion, infrastructure and public utility
inadequacies. The No Action Alternative would also be inconsistent with the City
of Chula Vista's Draft General Plan Circulation Elemenl roadway designation for
Otay Valley Road, which calls for a six lane prime arterial and major street
slandards for Otay Valley Road. In addition, if this alternative is selected, the lack
of capacity and low level of service on Olay Valley Road could constrain future
developments north, south and easl of the project. Fulure development proposals
lhal would contribule traffic to Otay Valley Road, or require lhe extension of utility
services along the roadway, would be affected most.
4.2 ALTERNATIVE 1
The environmental consequences of constructing Alternative 1 would be idenlical or
very similar to the proposed projecl wilh respecl 10 geology and soils, landforms,
land use, agricullure, aeslhelics, cultural and paleontological resources, and park,
recreation and open space. The differences in environmenlal impacts between
Alternalive 1 and lhe proposed projecl are primarily 10 biological resources and 10
traffic conditions.
A. BiolOlncal Resources
This alternative reduces lhe righl-of-way from 128 feel 10 100 feel east of Nirvnana
Avenue while relaining lhe same general road alignment as lhe proposed projecl.
Impacts of this alternative would generally parallel those of the proposed project
with only a slight reduclion in magnilude. Loss of wetlands would tOlal
approximalely 1.23 acres wilh proporlionally fewer San Diego Marsh-Elder
impacted. Loss of habilal for riparian bird species would slill be considered
significant. Reducing the righl-of-way 10 84 feel would lower lhe wetland impacls 10S
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0.60 acre, still resulting in significanl adverse wetlands impacls. Under either lhe
proposed project or lhe reduced widths of Alternative 1, wetland impacts and
impacts to lhe sensitive San Diego Marsh-Elder are considered significanl but
miligable through creation of replacement wetland habitats including the heavy
utilization of marsh elder in the plantings.
The adverse impacts 10 the degraded Diegan Sage Scrub, disturbed roadsides, and
agricultural fields would be considered insignificant.
B. Traffic
The City's recommended maximum lraffic volume for a four lane major streel is
30,000 VPD. Since the forecast volume at build-oul is 26,000 VPD easl of Nirvana
Avenue, the alternative of a four lane classification would be adequate. However,
such a classification may require an amendmenl of the General Plan Circulalion
Elemenl if il is adopled as is. Such an amendmenl will likely occur in lhe near
future since lhe General Plan Circulalion Elemenl now shows lhal al some point
between Brandywine Avenue and Paseo Ranchero, Otay Valley Road changes
classificalion from a six lane major 10 six lane primary arterial. In a telephone
conversation with the City Traffic Engineer, he indicated lhat lhe plan is for Olay
Valley Road 10 be a six lane major classificalion, nol a primary arterial. In thaI
same conversation, he slaled lhal such inconsistencies would be deall with during an
amendmenl process in lhe near fulure.
4.3 ALTERNATIVE 2
The environmental consequences of construcling Alternative 2 would be the same
as the proposed project and Alternative 1 with respect to land use, agriculture, and
parks, recrealion and open space. Environmental impact differences between
Allernative 2 and lhe proposed projecl are idenlified for lraffic condilions,
biological resources, cultural resources, geology and soils, and landforms and
aeslhelics, as well as lraffic. ImpaClS 10 lransportalion are lhe same for Allernalive
2 as described above for Allernalive 1. Overall, impacls on lhe remaining nalural,
cultural and scenic resources would be grealer from Allernalive 2 lhan from lhe
proposed projecl.
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A. Biolol!ieal Resources
This alternative would hold lhe southern boundary of the roadway constant and
widen 10 lhe north 10 achieve a 100 fOOl righl-of-way easl of Nirvana Avenue.
Under this alternalive all direct adverse impacls to lhe wetland habilals would be
eliminated. Due 10 the extensive slope cutting required, however, an extensive loss
of quality Diegan Sage Scrub habitat and a wide array of sensitive plants and
animals occurring on lhese hillsides would be severely impacted by lhis proposed
alternalive. The biological impacls of lhis loss would be significant.
The only known large populalion of Greene's Ground Cherry would be lost. Such a
loss is considered unmiligable. Also eliminaled would be lhe dense slands of Coasl
Cholla and lhe Fishhook Caclus POpulalion. The latter occurs in densilies seldom
seen in San Diego County; moreover, the average size of specimens far surpasses
olher known subslantial populalions. Also heavily impacled would be lhe Slale-
lisled endangered Olay Tarweed populalion, along wilh significanl colonies of Coasl
Barrel Caclus and Cleveland's Golden Stars.
One pair of California Gnalcatchers would probably be lost from lhe slopes under
lhis alternalive. The Orange-throated Whiptail population would also be impacted.
The Diegan Sage Scrub slopes which would be impacted are considered excellent
gnalcatcher habilal.
B. Cultural Resources
Allernalive 2 would impacl lhe lhree cultural siles documented for lhe proposed
projecl and further impacl two addilional siles localed on hillside terraces east of
Nirvana Road and north of Olay Valley Road, where Sites SDi-1l145 and SDi-
11146 were documented. SDi-l1146 is not considered unique and offers no
opportunilies for further research. Surface artifacl mapping and recovery included
one mano, six flakes, two debitage, four cores, one scraper, three scraper planes, and
one ulilized flake. One tesl unil was positioned in the area of lhe greatest
concentration of surface artifacts. The test unil produced only a single ulilized flake
and did not reveal lhe presence of cullural deposils of any research value or
significance. The sile has therefore been evalualed as a non-significant resource.
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Site SDi-11145 was evaluated as being potentially significant. This is due to the fact
that the site has an associalion with the late prehistoric occupation of the Otay
River Valley. The site provides access to the river area along a narrow ridge thaI
follows lhe course of a lribulary canyon into the Otay River. Three manos, 1 metate
fragmenl, 25 flakes, 13 debilage, 2 cores, 3 hammerslones, 2 scrapers, 1 scraper
plane, 4 relouched flakes, 4 shell fragmenls, and I prehisloric ceramic sherd were
collected. The artifacts were dispersed over a wide area, with a concentration noted
toward the southeastern portion of the site.
One tesl unit was excavated, positioned in lhe area of the greatesl concentralion of
surface artifacts. The subsurface deposit did not include any indication of an actual
occupalion, but the recovery of 2 lools, 2 cores, and 19 flakes and debitage indicaled
lhat lhe site was used repealedly over a period of time. The lack of any indicalion
of actual occupation and cooking suggests lhe site was only a small subsistence camp
associaled wilh a larger occupalion village located in lhe vicinity.
In conclusion, Sile SDi-1145 consists of a widely dispersed sile which does conlain a
subsurface deposit relaining a moderate level of research value. The presence of
such a subsurface deposit suggests lhat information could be derived regarding the
course of lhe adaptation of the subsistence pattern over time. In light of this
moderale level of research pOlential al lhe sile, the resource has been evalualed as
pOlentially sensitive:
The inlensity of lhe impacts represented by Allernalive 2 would be significanl, since
lhe resource is sensilive and unique. The exlenl of lhe impacts would also be
significanl, since grading for this alternalive would include the tolal resource, or al
least lhal portion of lhe site which contains lhe significant subsurface deposils.
Since Alternative 2 would impact all of the sites lhat will be affecled by the
proposed project, and would additionally impact this potentially significant site,
Allernalive 2 is less preferred for cultural resources lhan lhe proposed project.
C. GeololO' and Soils
Alternative 2 would require CUlling inlo lhe Sleep hillsides localed in the
northeaslern seclion of the project area. Potenlial areas of dislurbance assuming
2:1 slopes are shown on Figure 4.1-1. Soil conditions in this area consist of terrace
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escarpments and are considered 10 be unstable due to the presence of cobble strata.
Consequenlly, greater maximum slope ratios could be required (e.g., 4:1) thereby
increasing even further the amounl of land disturbed. In addition, retaining walls,
wilh a maximum heighl of 20 feet, would most likely be required as mitigation. In
summary, Allernalive 2 is less preferred than the proposed project wilh respect to
geotechnical and soils constraints.
D. Landform and Aesthetics
Allernalive 2 would also result in significant landform impacls. This Allernalive
would resull in major landform alteration due to the amounl of culling thaI would
be required to acheive 2:1 or 4:1 slope ratios. Cut slopes would be required north of
lhe roadway for approximately one-half mile in the northeastern part of the project
area. Maximum heighl of cuI slopes would be approximalely 65 feet.
Landform modifications in lhis area would have significantly adverse impacts on
landscape aesthetics since this Alternalive would result in slrong visual conlraSlS
with lhe current natural hillsides and vegelation cover.
Consequenlly, Alternative 2 is less preferable than lhe proposed project with respecl
to landforms and aesthetics.
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5.0 UNAVOIDABLE SIGNIFICANT ENVIRONMENTAL IMPACfS
.
The proposed widening of Otay Valley Road will result in a significant change to the
character of lands located south of the existing roadway, and which will be
converted to the roadway land use. However, no significant, unmitigable
environmental impacts will result from the implementation of the project.
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6.0 RELATIONSHIP BElWEEN LOCAL SHORT-TERM USE OF THE
ENVIROl''MENT AND THE MAINTENANCE AND ENHANCEMENT OF
LONG-TERM PRODUCTIVITY.
This section discusses cumulative and long-term effects which adversely or
beneficially affect the environment. Cumulative effects are anticipated from the
development of the related projects (see Table 2-1) in the project vicinity.
The proposed Otay Valley Road Widening Project would change the existing land
uses from agriculture, open space, and unauthorized off-road vehicle use to a six-
lane prime arterial roadway. In order to achieve the proposed land use, impacts
would occur to the environment, all of which can be mitigated.
Cumulative impacts are briefly summarized below.
o Agricultural Resources. Lands north and south of Otay Valley Road, along
the western two-thirds of the roadway are classified as Prime agricultural
land by the Soil Conservation Service. Only one active agricultural land
parcel remains in production, south of Otay Valley Road. The loss of this
resource is only a slight, incremental amount from the County's agricultural
land base, yet this loss, in conjunction with the conversion of agricultural
lands throughout the County due to development pressures, is cumulatively
significant. This incremental impact could be mitigated only by retention of
the agricultural resources onsite.
o Air Quality - As with most development projects, air quality impacts are
insignificant at the project scale, yet significant when added to the number of
regionally proposed projects and projects under construction. Each project
can implement measures to aid in reducing emissions, such as transportation
control measures. While this project will not in itself cause long-term air
quality impacts, it will facilitate the development of other projects that will
increase traffic on the roadway.
o Wetlands. The proposed project will physically remove 3.0 acres of wetlands
habitat including TamariskjMulefat Shrubland, Willow Riparian Woodland
and Freshwater Marsh. The loss of this resource, while only a slight amount,
is significant due to the high biological resource values and limited amount
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available in the County. Impacts to wetlands will be mitigated through the
creation and enhancement of six acres of wetlands habitat in the Otay River
Valley.
o Fire and Police Protection . The proposed project would incrementally
increase the City's response time, and as such, will have a slight beneficial
effect on these services.
o Water and Sewer Service - Water use would incrementally contribute toward
a demand for water which is beyond the resources capabilities of the
southern California area. Water must be imported from the Colorado River
and northern California. By landscaping with native vegetation and installing
water saving devices, the project could reduce its water demand potential,
incrementally aiding in water conservation in the southern California area.
o Transportation/ Access - Ultimate development of the proposed project
would significantly affect the existing capacity on Otay Valley Road.
Development of the surrounding area proposed projects would result in
significant cumulative impacts that would be mitigated by widening this
existing two-lane road to a six-lane road.
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7.0 IRREVERSIBLE ENVIRONMENTAL CHANGES THAT WILL RESULT
FROM THE PROPOSED PRO.TECf
As a result of the proposed project, the project site would change from a primary
rural roadway to an urban six lane prime arterial roadway. The irreversible changes
associated with implementation of the project include:
o The loss of Prime agricultural land (though presently it is minimally utilized
for crops which are not considered highly valuable);
o Site topography would be altered slightly due to grading for the proposed
development;
o Air quality and noise levels would be degraded slightly due to the
development of other regional projects that would benefit from the Otay
Valley Road Widening;
o Ambient noise levels would be increased due to construction activities, and
other cumulative project-related vehicles and activities; and
o Energy and water resources would be committed in site construction
activities and as future site usage.
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8.0 GROWTH INDUCING IMPACf OF THE PROPOSED PRO.TECf
8.1 EXISTING CONDITIONS
The proposed project is located along the Chula Vista urban fringe. On the west,
the project is bound by 1-805 and continuous urban development. North of the
proposed project alignment major land uses include a residential neighborhood,
county landfill and partially developed industrial area. Land to the south is
dominated by the Otay River channel and undeveloped open space with some
scattered commercial and agricultural uses bordering Otay Valley Road. Land to
the east of the project is also predominantly undeveloped open space with some
extractive uses. Refer to Section 3.8, Land Use.
Various specific development plans within the project area or sub-region are
currently being processed by the County of San Diego and Cities of San Diego and
Chula Vista. See Table 2.4-1 and Figure 2.4-1. A number of applications are
pending with the City of Chula Vista for new industrial developments in the
Redevelopment Area north of the Otay River channel. Several major mixed
residential, industrial and commercial development plans have been submitted to
the Cities of San Diego and Chula Vista for the area south of the Otay River and
north of State Route 905jOtay Mesa Road. In November 1988, however, the San
Diego City Council imposed a one year moratorium on the approval of new
residential development near Brown Field, pending a SANDAG study recom-
mendation for a replacement airport for Lindbergh Field. The SANDAG study is
focusing on the Brown FieldjOtay Mesa and NAS Miramar options. The building
freeze covers an area west of Brown Field, east of I-80S, and between the Mexican
border and Chula Vista city limits. In addition, a one year moratorium was imposed
on all commercial and industrial projects north of Route 905jOtay Mesa Road.
Developers with existing proposals in the moratorium areas can proceed with the
planning process without assurance of approval. Finally, the Otay Mesa industrial
area south and east of Brown Field is also developing rapidly. The recent approval
of a five-site foreign trade zone in this area by the U.S. Customs Service is expected
to further spur development.
Much of the vacant, undeveloped land to the east of the project area is owned by the
Baldwin development company. Although concept plans and studies have been
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prepared for this property In coordination with San Diego County, no specific
development plans have as yet been proposed. Preliminary information indicates
that Baldwin is proposing a broad mix of residential, commercial, industrial,
institutional and recreational uses for this 20,000 acre property. At buildout,
projected for 2030, this community is proposed to contain as many as 150,000
residents in 60,000 housing units. Most of the Baldwin property west of Otay
Reservoir is within the Chula Vista sphere of influence. The Chula Vista City
Council has recently approved a "statement of intentions" that would expedite City
processing of Baldwin development plans.
In addition to the above specific development plans, the Draft Chula VISta General
Plan Update (Scenario Four), Otay Valley Road Redevelopment Plan, City of San
Diego Otay Mesa Community Plan and County of San Diego Otay Subregional Plan
anticipate the character of future land use in the project area and sub-region. Refer
to Section 3.8, Land Use.
8.2 GROWTH PROJECTIONS
The San Diego Association of Governments (SANDAG) is responsible for
developing growth forecasts for the San Diego region. The SANDAG Final Series 7
Regional Growth Forecast (July 1988) projects population, housing and employment
data to the year 2010, based on 1986 estimates. Series 7 data for Census Tracts
13305 and 10007 best reflect the subregion potentially affected by the proposed
project. These tracts are bound on the west by I-80S, on the north by Telegraph
Canyon Road, on the east by the Otay Lakes, and on the south by the international
border with Mexico. The Otay River channel is the common boundary between
these tracts. In general, Series 7 forecast extraordinary levels of real and relative
growth for these tracts. Within the 1986 to 2010 Series 7 time frame, these areas
will be transformed from largely vacant rural lands to major urban areas.
Data for Tract 13305 generally reflect future development levels for the Baldwin
property. Population in this area is projected to increase from 8,379 in 1986 to
32,976 in 2010, a 293.6 percent increase. This represents an annual growth rate of
5.9 percent, as compared to 1.6 percent projected for the San Diego region.
Housing is expected to grow from 2,233 occupied units in 1986 to 11,107 units in
2010, a 397.4 percent increase. This represents an armual growth rate of 6.9
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percent, 3.6 times the annual rate for the region. Finally, civilian employment in
this Tract is expected to grow 168.4 percent between 1986 and 2010, or about 4.2
percent annually. This is about twice the average yearly employment growth rate
for the region.
Data for Tract 10007 generally reflect the future development of the Otay Mesa
area. Population in this area is projected to increase from 792 in 1986 to 49,716 in
2010. This constitutes a total change of 6,177.3 percent, and an average annual
increase of 18.8 percent. This is nearly twelve times the average annual population
change forecast for the San Diego region. Housing is expected to grow from 267
occupied units in 1986 to 15,908 units in 2010, a 5,858.1 percent increase. This
represents an average annual change of 18.6 percent as compared to 1.9 percent for
the region. Finally, civilian employment is projected to increase from 2,516 in 1986
to 30,818 in 2010, a 1,124.9 percent increase. This represents an average annual
change about 5.5 times that for the region.
The City of Chula Vista, City of San Diego and County of San Diego have all
adopted the Final Series 7 Forecast and the Draft Chula VISta General Plan Update
is consistent with the Series 7 population projections.
8.3 CONSTRAINTS TO DEVELOPMENT
The future development of lands within the project area and subregion will be
subject to natural, land use, public services and growth control constraints.
Natural resources constraints include the Otay River floodplain, steep slopes,
biologically sensitive lands, and significant cultural resources. Both the City and
County of San Diego have recently enacted or interim programs in place to protect
environmentally sensitive lands from future development. The extent to which
natural resources constraints in the project region will actually inhibit development
is not known.
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The primary land use constraint is associated with the Brown Field Airport on Otay
Mesa. The possible use of this facility as an international airport to replace or
supplement Lindbergh Field has resulted in a temporary building moratorium and
could potentially constrain long-term future development on Otay Mesa. This
,
,
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option is currently under study by SANDAG, with recommendations expected by
the end of the year.
Substantial developable acreage exists within the project subregion. SANDAG
Series 7 data for Census Tract 13305 indicate that of the nearly 13,000 acres of
vacant land north of the Otay River, about 10,500 is considered usable for
development. Similarly, data for Tract 10007 indicate that of the 14,500 acres of
vacant land between the Otay River and international border, about 8,300 acres is
considered usable.
The availabiJi ty of water and sewer service is not expected to significantly constrain
future development in the project area or subregion. In general, the Otay Municipal
Water District and San Diego County Water Authority can be expected to meet the
short-term and long-term demand for water service. The water pipe installed as
part of this project (see Section 3.15) is being sized to serve a portion of the Baldwin
proposed development east of the road as well as future development at Otay Rio
Business Park. As a portion of the necessary line would be constructed in advance
of Baldwin development, it would in part, remove a future constraint. The Cities of
Chula Vista and San Diego, the Otay Water District and the San Diego
Metropolitan Sewer System can be expected to meet the near-term demand for new
sewer service in the subregion. The planned upgrade of the Metro system to
secondary treatment will be designed to meet long-term (2050) sewage capacity
needs.
The November 1988 ballot contained four growth control measures; two competing
propositions each for the City of San Diego and the County of San Diego. All of
these measures would have imposed annual housing caps at levels below the
probable market demand, but all were rejected by the voters. However, another
County-wide measure requesting voter endorsement of a regional approach to
growth management was approved. The passage of Proposition C resulted in the
formation of a "Blue Ribbon Committee" which is attempting to formulate a
regional strategy to manage growth. Proposition C was largely derived from the
work of the County/SANDAG Regional Growth and Planning Review Task Force.
This group was formed in late 1986 and issued a final report in November 1988.
This report contains 48 recommendations for regional growth control. The County
is currently in the process of formulating a work program for the implementation of
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this document's recommendations. The Board of Supervisors is expected to act on
the implementation plan in May 1989 and forward it to the Blue Ribbon Committee
for approval. This effort may result in a truly regional growth management plan.
In response to voter rejection of the slow growth measures on the November 1988
ballot, the San Diego City Council has adopted a managed growth plan that is
designed to protect environmentally sensitive lands, preserve single family
residential neighborhoods and ensure the provision of needed public facilities as
new development occurs. In addition, by the end of May, the City will have phased
out the Interim Development Ordinance (IDO) which limits housing construction to
8,000 units per year.
In the City of Chula Vista, future growth will be keyed to the timely provision of
adequate public facilities and services. Since 1987, new development has had to
meet established performance standards for fire, police, traffic, parks and
recreation, drainage, libraries, air quality, economics, schools, sewer and water. In
November 1988, a controlled growth initiative (Proposition V) was passed by the
voters of Chula Vista. This proposition mandates that adequate public facilities be
in place as new development occurs, places limits on the rezoning of residential
property, and requires the General Plan to have a Public Facilities Element.
Finally, the City is currently preparing a Growth Management Element to the
General Plan and a comprehensive program to address development and public
facility phasing and implementation.
8.4 GRO\\TH INDUCEMENT
The proposed project would not have a significant direct or indirect influence on
regional growth. SANDAG Agenda Report Number R-83, "Causes of Growth and
Possible Control Measures in the San Diego Region" (September 1987), identifies
new employment and natural population increases (births minus deaths) as the
primary causes of the region's growth in the 1980s. Improvements to the
transportation system do not have a significant influence on regionwide growth.
Although the proposed project would not significantly influence regional growth, it
could facilitate growth within the immediate project area, or within the subregion,
either south on Otay Mesa or east on the Baldwin property.
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Within the project area, the road widening would increase capacity and improve the
level of service to accommodate existing traffic and anticipated near-term
development. As noted above, the proposed modifications to the water line system
would partially remove a future constraint to building east and south of the roadway
improvement as it will provide a ready connection for water utilities. To this extent
it anticipates the development and eliminates the constraints, thereby facilitating
development in the area. The project is intended to stimulate infill industrial
development in the Otay Valley Road Redevelopment Area north of the Otay River
channel. It is a goal of the Redevelopment Plan to promote and facilitate industrial
growth and economic development in this area. The location, amount and type of
future industrial development here will not likely be influenced by the roadway
widening, however, it probably will increase the pace at which this industrial
development will take place.
In general, future growth in the subregion is not likely to be significantly different
with or without the proposed project. The project would not provide new access to
any area not now served by the existing Otay Valley Road. In addition, although the
project would increase the capacity of the roadway, it would not create enough
excess capacity so as to prompt substantial new or premature growth in the
subregion. Finally, no approved specific development plans in the subregion are
contingent upon completion of the proposed widening. None the less, the project
would provide a ready, major roadway with which access routes to the south and
east could connect to I-80S and the regional transportation system.
Primary access to I-80S and the regional transportation network for developments
south of the project area and the developing Otay Mesa industrial area would be
State Route 90SjOtay Mesa Road and Palm Avenue. It is not likely that substantial
amounts of traffic would use the Otay Valley Road/Heritage Road route for access
to these areas, primarily because it is indirect and Heritage Road is a substandard
two lane facility. Future improvements to Heritage Road will be staged to occur
with development south of the Otay River. The Otay Rio development will be
required to construct a new bridge across the Otay River when the ADT on
Heritage Road exceeds 7,100. Similarly, the facilities financing plan for the Otay
Mesa Community Plan provides for a benefit assessment district to upgrade
Heritage Road.
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The Baldwin property east of the proposed project will develop as a planned
community, with a mix of residential, commercial and employment uses as well as
parks, schools, recreational facilities, and open space. This community will be
planned and developed through the City of Chula Vista's Sectional Planning Area
process. The result is likely to be a very controlled, long-term, staged buildout
wherein construction will be phased to assure adequate public facilities, including
sufficient traffic capacity within the circulation system.
Currently it is unknown to what degree the Baldwin property will be annexed to the
City of Chula Vista as it develops. It is also unknown what portions of the property
will be developed first, although it is reasonable to expect that they will be adjacent
to existing urban areas. If developed in accordance with Chula Vista's Draft
General Plan Update, Otay Valley Road will not be a major transportation facility
east of Paseo Ranchero. In addition, development east of the project before 2005
will be limited to about 200 acres of industrial use.
It can reasonably be assumed that the Cities of Chula Vista and San Diego, and the
County of San Diego, through their general plan, zoning, environmental review, and
development planning and permitting mechanisms, will exert effective control over
growth rates and patterns. In addition, these entities have growth management
policies and controls intended to guide growth in an orderly fashion and avoid
leapfrog development. The extent to which adopted land use and growth
management plans will be adhered to or modified in the future, however, is
unknown. Ultimately, development will be subject to future Chula Vista, City of
San Diego, and County of San Diego discretionary actions on individual proposals.
8.5 SECONDARY EFFECfS
Future development within the project area would primarily reduce open space,
agriculture, and natural resources and increase regional economic activity. In
addition, specific development proposals may individually have significant effects on
natural resources, cultural resources, or the human environment. It is expected that
jurisdictional environmental review and permitting processes would mitigate
potential project-specific impacts.
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9.0 CERTIFICATION OF ACCURACY AND OUALIFICATlONS
This Environmental Impact Report was prepared by Keller Environmental Associates, Inc.
of San Diego, California. Members of Keller Environmental Associates who contributed to
the report are listed below.
Christine A. Keller; M.A. Geography
Lisa K. Capper; J.D.; M.A. Candidate Anthropology
Peter C. Langenfeld; B.S. Geology; B.S. Geography
Constance Willens; M.A. Geography
Consultants involved in the preparation of this report include:
Basmaciyan-Darnell, Inc.
Herman Basmaciyan
Patti Boekamp
Don Grey
Pacific Southwest Biological Services, Inc.
R. Mitchel Beauchamp
Keith W. Merkel
Stephen J. Montgomery
Craig H. Reiser
Traffic Circulation Studies
Biological Studies
Brian F. Smith and Associates
Brian F. Smith
Archaeological Studies
PaleoServices
Thomas A. Demere
Paleontological Review
Hans D. Giroux
Air Quality and Noise Studies
Growth Inducement
Allen Philpot
I hereby affirm that, to the best of our knowledge, the statements and information
contained herein are in all respects true and correct, and that all known information
concerning the potentially significant environmental effects of the project have been
included and fully evaluated in this EIR.
~Ki~
Project Manager
----
9-1
10.0 ORGA.1IJlZATIONS A.~D PERSONS CONTACTED
California, State of.
A. Department of Conservation, Mines and Geology. Mr. Dave Bebe.
September 22, 1988; Mr. John Clinkenbeard. September 22, 1988; Mr.
Russ Miller. September 22, 1988, October 3, 1988.
B. Office of Planning and Research. Mr. David Nunenkamp. July 13, 1988.
Chula Vista, City of.
Community Development Department. Mr. Jim loBue. April,1988.
Finance Department. Mr. Lyman Christopher. August 22, 1988.
Parks and Recreation Department. Mr. Ed Batchelder, Mr. Joel Cheu,
Mr. Jerry Foncerrada, Ms. Shauna Stokes.
Planning Department. Mr. Doug Reid, Mr. Dan Pass.
Police Department. Mr. Robert Bourgeois.
Public Works Department. Mr. Tom Garibay, Ms. Gena Franco, Mr.
Roger Daoust, Mr. Kenneth Goldkamp, Mr. Greg Hanson, Mr. Shale
Hanson, Mr. Mehran Sepehri. June - September, 1988.
Redevelopment Agency. Ms. Robin Putnam
Cox Cable. Ms. Christie Andrew. April 21, 1989.
A.
B.
c.
D.
E.
Otay Municipal Water District, Engineering. Mr. Manuel Arroyo. April 20, 1989.
Pacific Bell Telephone (PacBell). Ms. Frances Estrada. April 21, 1989.
San Diego, City of.
A.
B.
Councilman Bob Filner's Office. Mr. Allen Jones. June 17, 1988.
c.
Engineering and Development Department. Transportation and Traffic
Engineering. Chris Berg. June 14, 1988.
Planning Department. Mr. Steve Conway. June 14, 1988; Mr. Mike
Stang. June 29, 1988.
Transportation and Traffic Engineering. Mr. Bill Schempers. June 14,
1988.
D.
San Diego, County of.
A. Department of Agriculture, Weights and Measures. Mr. Tom Escher.
July 6, 1988.
B. Department of Planning. Mr. Kaare Kjos. June 3, 1988; Ms. Leila Fiske.
June 15, 1988.
10-1
/ /
j
San Diego Gas and Electric Company (SDGandE), Engineering. Mr Richard
Heilman. April 21. 1989.
U.S. Soil Conservation Service. Mr. Fred Sullivan. June 7, 1988.
U.S. Department of the Interior, Fish and Wildlife Service. Nancy M. Kaufman.
August 5, 1988.
Other (Private Companies, Individuals):
M. Candliss. July 26, 1988.
Chillingsworth Corp. July 26, 1988.
Chula Vista Animal Shelter. Mr. William Will.
A.Y. Cosillas. May 9, 1988.
Girard Finance. July 26, 1988.
Mary Gunthorp. May 9, 1988.
Donald Heye. May 9,1988.
Robert Jacobassi. July 26, 1988.
JHK and Associates. Jim Witkaowski, Dan Marum. May 9,1988.
Fred Kasman. May 9, 1988.
Jerry Kelley. May 9, 1988.
Luman Lawrence. May 9, 1988.
Leedshill-Herkenhoff. Mr. Charles Bras, Ms. JoAnn English, Mr. Wayne
Cooper, Multiple Contacts.
Guy Lichty. May 9, 1988.
Maureen McBreen. May 9, 1988.
W.T. McBreen. May 9,1988.
Mike McDonald. May 9, 1988.
Christine Olguin. May 9, 1988.
SANDAG. Mr. Rick Alexander. August 8,1988.
Schmidt Design. Mr. Glenn Schmidt.
Jimmie Shinohara. July 6, 1988.
Walker Scott Properties. Fred Borst. April 18, 1988.
10-2
,
.
) ('
,/
11.0 REFERENCES CITED
Artim, E. R. and C. J. Pinckney. "La Nacion Fault System, San Diego, California." In
Studies of the Geology and Geologic Hazards of the Greater San Diego Area,
California. San Diego Association of Geologists. 1973.
California Department of Conservation, Division of Mines and Geology. Surface Mining
and Reclamation Act of 1975 (as amended).
California Department of Conservation, State Mining and Geology Board. "Designation of
Regionally Significant Construction Aggregate Resource Areas in the Western San
Diego County Production-Consumption Region." April, 1985.
California Department of Fish and Game. Status Designations of California Plants and
Animals. 1977.
California Department of Water Resources. Ground Water Quality Survey of Lower Otay
River Valley: Report to San Diego Regional Water Quality Control Board No.9. 1964
Groundwater Occun-ence and Quality - San Diego Region. Bulletin No. 106-2. June,
1967.
San Diego Region Ground Water studies, Phase III. 1986.
Chula Vista, City of. Reprint of Chula Vista Municipal Code, Title 19-Zoning. June, 1987.
__mm__. Planning Department. City of Chula Vista Zoning Classifications -
Permitted uses, Accessory Uses and Uses Subject to a Conditional Permit. Booklet
on file with the City of Chula Vista. November, 1979.
__..mm. Planning Department. Draft City of Chula VISta General Plan Update.
Prepared for the City of Chula Vista by P&D Technologies, Inc. On file at the City
of Chula Vista. No date.
The Elements of the Adopted General Plan; including Housing, Land Use and
Circulation, Conservation, Open Space, Seismic Safety, Safety, Noise, Scenic Highways,
Parks and Recreation, Public Building, Bicycle Routes.
__mm__. Planning Department. General Plan Amendment 86-3 for Annexed
Property. No date.
______mo. Planning Department. Policy for the Conservation of Energy and Water
Within the City of Chula VISta. Approved, September 13, 1978.
mmu__. Planning Department. Environmental Review Procedures of the City of
Chula VISta, Resolution No. 11086. Adopted. No date.
Community Systems Associates, Inc. Draft Environmental Impact Report on the
Redevelopment Plan, Otay Valley Road Redevelopment Project Area. Prepared for
the City of Chula Vista Redevelopment Agency. On file at the City of Chula Vista.
October, 1983.
11-1
/ r) /
_________. Environmental Impact Report Supplement, Otay Valley Road Redevelopment
Project _ Comments and Responses. Prefared for the City of Chula vista
Redevelopment Agency. On file at the City 0 Chula Vista. December, 1983.
_m_____. Otay Valley Road Redevelopment Project Area Implementation
Plan/Design Manual Addendum. Prepared for the City of Chula Vista. On file at
the City of Chula Vista. May 1985.
m_m__. Redevelopment Plan, Otay Valley Road Redevelopment Project Area.
Prepared for the City of Chula Vista Redevelopment Agency. On file at the City of
Chula Vista. October, 1983.
Dames and Moore. Revised Draft Work Plan, Compliance Program, Omar Rendering
Company Site, Chula Vista, California. Prepared for Darling-Delaware Company,
Inc. On file at Dames and Moore, San Diego. April, 1988.
Everett, W.T., 'Threatened, Declining and Sensitive Bird Species in San Diego County."
Audubon Society Sketches. July 1979:2-3.
Gastil, Gordon, and Richard Higley. Guide to San Diego Area Stratigraphy. Department of
Geological Sciences, San Diego State University. 1977.
Hector, Susan. "Records and Archival Searches for Cultural Resources Located in the
Otay General Plan Amendment Area." RECON. Document on file at the City of
Chula Vista. 1982.
Hem, J.D. Study and Interpretation of the Chemical Characteristics of Natural Water:
U.S. GeoL Survey Water Supply Paper 1473. 1970.
Jennings, Charles W. Fault Map of California. California Division of Mines and Geology.
Geologic Data Map No.1. 1975.
Kennedy, M.P., and S.S. Tan. Geolo~ of National City, Imperial Beach and Otay Mesa
Quadrangles, Southern San Diego Metropolitan Area, California. Prepared for
California Division of Mines and Geology, Map Sheet 29. 1977
Kennedy, M.P., S.S. Tan, R.H. Chapman and G.W. Chase. Character and Recency of
Faulting, San Diego Metropolitan Area, California. California Division of Mines alUi
Geology, Special Report 123. 1975.
Kohler, S.L. and R.V. Miller. Mineral Land Classification: Aggregate Materials in the
Western San Diego County Production - Consumption Region. California Division of
Mines and Geology. 1982.
Kuper, H.T. Reconnaissance of the Marine Sedimentary Rocks of Southwestern San
Diego County. In Geology of Southwestern San Diego County, California and
Northwestern 13aja California. San Diego Association of Geologists. 1977.
McEwen, R.B. and C.J. Pinckney. Seismic Risk in San Diego. 1972.
Miller, R. V. and S. L. Kohler. "Mineral Land Classification of the Western San Diego
County Production-Consumption Region; Otay Valley, Tijuana River, and Border
Highlands Resource Areas. Aggregate Resource Sectors R-V (map)." 1982.
11-2
, ) "
PRC Engineering, Inc. Revised Draft and Final Environmental Impact Report - Otay Valley
Road South General Plan Amendment." Prepared for the City of Chula Vista. On
file at the City of Chula Vista. EIR-84-5. 1984.
PRC Toups Corporation. Draft Environmental Impact Report, Brandywine Industrial Park
_ Appendix. EIR-80-7. Prepared for the City of Chula Vista. On file at the City of
Chula Vista. August 1980.
Remsen, J.V., II. "Bird Species of Special Concern in California." Prepared for the
California Department of Fish and Game, Sacramento, California. 54 pp. 1980.
San Diego Association of Governments (SANDAG). "Causes of Growth and Possible
Control Measures in the San Diego Region." Agenda Report Number R-83.
September, 1987.
_________. Final Series 7 Regional Growth Forecast, 1986 - 2010. July, 1988.
San Diego, City of. Planning Department. Dray Mesa Community Plan and Environmental
Impact Report. Adopted April 27, 1981. Amended September 11, 1984. .
_________. San Diego County General Plan - 1995. Regional Land Use Element
Section II Part XXIII, Otay Subregional Plan. Adopted May, 1983. Amended
August, 1984.
__________. Department of Public Works, Flood Control Division. Hydrology Manual.
Final revision, January 1985.
___u_____ Department of Public Works, Solid Waste Division. Water Quality
Analyses, Otay Landfill, Main Deep Well. January, May, July, 1986.
San Diego Geotechnical Consultants, Inc. "Geotechnical Feasibility Investigation,
WIdening of Otay Road, I-80S Freeway to 9500 Feet East, Chula Vista, California."
Prepared for Leedshill-Herkenhoff, Inc. May, 1988. .
San Diego Regional Water Quality Control Board. Water Quality Control Plan, San Diego
Basin, California. July 1975. Abstract.
__________. Water quality measurements for Otay Valley - surface and groundwater.
1984, 1985.
Scientific Resource Surveys, Inc. "Cultural Resource Survey of the Brandywine Industrial
Park." In Draft Environmental Impact Report - Brandywine Industrial Park, Chula
Vzsta, California. PRC Toups Corporation. Document on file at the City of Chula
Vista. 1980.
Seed, H.B. and LM. Idriss. Ground Motions and Soil Liquefaction during Earthquakes,
Earthquake Engineering Research Institute, Berkeley. 1982.
Smith, Brian F. "The Archaeological Investigations at the Otay Rio Business Park Project."
Document on file at the City of Chula Vista. 1987.
Unitt, P. 'The Birds of San Diego County." San Diego Society of Natural History Memoir.
No. 13. 1984.
11-3
.--) r)
U.S. Department of Agriculture. Soil Survey, San Diego Area, California. Soil Conservation
Service and Forest Service. 1973.
U.S. Department of the Interior. U.S. Fish and Wildlife Service Endangered and
Threatened Wildlife and Plants. Title 50, Parts 17.11 and 17.12. Code of Federal
Regulations. January 1, 1986.
Weber, F. Harold. Geology and Mineral Resources of San Diego County, California,
California Division of Mines and Geology, County Report 3. 1963.
11-4
/
RESOLUTION NO.
I (o.$9C'j
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND
ADDENDUM THERETO FOR THE OTAY VALLEY ROAD WIDENING PROJECT
(EIR 89-01) SCH 89083004
WHEREAS, the area of land which is the subject matter of this
resolution is located in the extreme southeast corner of the City of
Chula Vista (the "City"), approximately 3.5 miles north of the
international border, extending approximately 8,800 linear feet from
Interstate Highway 805 to the eastern City boundary (the "Project
Site"); and
WHEREAS, the City has proposed the construction of the
following public improvements within the Project Area:
The widening of Otay Valley Road from Interstate Highway
805 to the eastern City boundary to a six-lane prime
arterial within a 128 foot right-af-way. The improvements
will include a 60 foot landscaped median, six 12 foot
driving lanes, two 8 foot emergency parking lanes and 12
feet behind each shoulder curb for sidewalks, landscaping
and utilities.
The improvement s are more part icularly defined in Section 2.0,
"Project Description" of the document entitled "Final Environmental
Impact Report Otay Valley Road Widening Project Chula Vista"
prepared for the City by Keller Environmental Associates, Inc.
(KEA) ("Consultant"), dated August, 1991 ("FEIR"). The project
description contained in the FEIR and the Addendum thereto,
including the proposal to establish an assessment district pursuant
to the Municipal Improvement Act of 1913 and to issue improvement
bonds for such assessment district pursuant to the Improvement Bond
Act of 1915 to implement the Project, is incorporated herein by this
reference as the "Project," as if set forth herein, and which takes
precedence over any inconsistencies with a description or reference
to the Project herein contained; and,
WHEREAS, the Staff of the City ("Staff") has determined that it
will be necessary for the City to "approve" the Project by considera-
tion, now or in the future, of certain discretionary activities
including, but not necessarily limited to, implementation of the
Project through the establishment of an assessment district to
provide the means to finance the construction of the Project,
awarding a contract for the construction of the Project, the levy of
assessments on properties within the proposed assessment district
which directly and specially benefit from such improvements, the
acquisition of right-of-way required for such improvements and the
issuance of improvement bonds to finance the construction of such
improvements; and,
'a/A-'
WHEREAS, based
Staff determined that
environment; and,
on a preliminary review of the Project, the
the Project may have an adverse impact on the
WHEREAS, the staff determined that the Project is not exempt,
ei ther statutor i1y or categor ically, from compliance with the
statutory duty, as set forth in the California Environmental Quality
Act ("CEQA") to prepare an environmental impact report (Guidelines
15061); and,
WHEREAS, based upon its preliminary review of the Project, the
staff determined that the Project may have an adverse impact on the
environment and that an Environmental Impact Report ("EIR") would
clearly be required for the Project and therefore determined not to
prepare an initial study but rather to cause to be prepared an ErR
on the Project; and,
WHEREAS, City retained the services of Consultant to prepare
the ErR on the Project; and,
WHEREAS, a draft Environmental Impact Report, dated August 10,
1989 ("DEIR") evaluating the proposed Project was prepared; and,
WHEREAS, on August 29, 1989, the Staff filed a notice of
completion ("NOC") of the preparation of the DEIR with the Office of
Planning and Research (Guidelines 15085(a)), and indicated therein
that the period for public review and receipt of comments would be
from August 29, 1989 to october 13, 1989 ("Public Review Period"),
and at the same time of said filing, gave in the manner required by
law a notice of the availability of the DEIR ("Notice of Availabi-
lity") to commentators on the Notice of Preparation ("NOP") on
August 21, 1989; and,
WHEREAS, the DEIR was transmitted by the city of Chula Vista,
as lead agency, to all concerned parties for review and comment;
and,
WHEREAS, written comments from the public on the DEIR were
accepted during the Public Review Period; and,
WHEREAS, as a result of comments from the public and other
public agencies, no significant new information was added to the
DEIR, and the city determined that the EIR did not need to be
recirculated (PRC 21092.1); and,
WHEREAS, on November 8, 1989, the City Planning Commission,
which is the designated commission of the City for this purpose,
held a public hearing for the purpose of evaluating and responding
to public comments, and in connection therewith, accepted public
testimony on the DEIR and continued the local Public Review Period
to January 24, 1990; and,
WHEREAS, City has provided at least ten days before certifying
a final ErR written proposed response to comments made by any public
agency on the DEIR (PRC 21092.5); and,
OiA- '2..
WHEREAS, agency and public comments have been addressed in the
Final Environmental Impact Report ("FEIR") for the Project; and,
WHEREAS, the City Planning Commission reviewed the FEIR and
certified on September 25, 1991, that the FEIR had been prepared in
compliance with the CEQA Guidelines and the environmental review
procedures of the City of Chula Vista; and,
WHEREAS, an Addendum to the FEIR was prepared to clarify that
it is the establishment of the proposed assessment district that
will provide the financial method to implement the Project; and,
WHEREAS, this City Council has determined that the Final
Environmental Impact Report and Addendum thereto was prepared in
accordance with the provisions of the California Environmental
Quality Act and its applicable Guidelines; and,
NOW, THEREFORE, BE IT RESOLVED by that the City Council of the
City of Chula Vista does hereby find, determine, resolve and order
as follows:
1. The Final Environmental Impact Report and Addendum.
The Final Environmental Impact Report for the Project consists
of the Final Environmental Impact Report (EIR 89-01) SCH
#89083004, dated August, 1991, which contains
(1) Comments on the DEIR;
(2) Responses to Comments on the DEIR including an
Introduction; and
(3) Addendum thereto.
2. Certification.
The FEIR and Addendum thereto are hereby certified by the City
Council to have been completed in compliance with the Califor-
nia Environmental Quality Act and all applicable guidelines
(Guideline 15090).
3. FEIR and Addendum thereto Reviewed and Considered.
The FEIR and Addendum thereto has been reviewed and
by the City Counc il of the City of Chula Vista
15090) prior to approval of the Project; and,
considered
(Guideline
4. No Significant, Unavoidable Impacts.
Based upon its review and consideration of the FEIR and the
Addendum thereto, this City Council finds and determines that
no significant, unmitigable environmental impacts will result
from implementation of the Project.
-a, A. ,
5. Resolution Not to Be Deemed Project Approval.
Nothing herein shall be deemed to constitute approval of the
Project.
6. Record of Proceedings.
That the city Clerk shall certify to the passage and adoption
of this resolution; shall cause the same to be entered in the
book of original resolutions of said city; shall make a minute
of the passage and adopt ion thereof in the record of the
proceedings of the City Council of said City in the minutes of
the meeting at which same is passed and adopted.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Chula Vista, California, this 20th day of April, 1992, by the
following vote:
AYES: Councilmembers:
NOES: councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authe1et, City Clerk
31A- If
RESOLUTION NO. I &,/oDD
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MAP SHOWING AMENDED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has been presented and has received a map showing and
describing the amended boundaries of the area proposed to be
assessed in an assessment district under the provisions and autho-
rity of the "Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California; said
assessment district known and designated as ASSESSMENT DISTRICT NO.
90-2 (OTAY VALLEY ROAD) (hereinafter referred to as the "Assessment
District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That a map of the Assessment District showing the
amended boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the
proposed improvements designated as "AMENDED BOUNDARIES OF ASSESS-
MENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)" is hereby submitted, and
the same is hereby approved and adopted.
SECTION 3. That the original map of said amended boundaries of
the proposed Assessment District and one copy thereof is to be filed
in the Office of the city Clerk.
SECTION 4. A certificate shall be endorsed on the original and
on at least one copy of the amended map of the Assessment District,
evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the
time and place of hearing on the formation or extent of said Assess-
ment District, a copy of said amended map shall be filed with the
correct and proper endorsements thereon with the County Recorder,
all in the manner and form provided for in Section 3111 of the
streets and Highways Code of the State of California.
Presented by
)
.JJ
John P. Lippitt
Public Works Director
Bruce M. Boogaard
City Attorney
3/ B- \
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: councilmembers:
ABSENT: councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
california, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council
held on the day of , 1992.
Executed this
day of
, 1992.
Beverly A. Authelet, City Clerk
~\ '!:>,'L
RESOLUTION NO. /6l..DI
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT;
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it
is the intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order the
installation of certain public improvements, together with appurte-
nances and appurtenant work, in a special assessment district known
and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The financing of certain public improvements
described as street improvements, including demolition, grading,
paving, curb, gutter, sidewalk, street lighting, traffic signals,
storm drains, landscaping, water main, undergrounding of utilities
and traffic striping, together with appurtenances and appurtenant
work, including acquisition of rights-af-way and easements, as
necessary, in OTAY VALLEY ROAD and intersecting streets, to serve
and benefit properties located within the boundaries of the Assess-
ment District.
B.
be shown upon the
these proceedings.
Said streets, rights-af-way and easements shall
plans herein referred to and to be filed with
C. All of said work and improvements are to be
installed at the places and in the particular locations, of the
forms, sizes, dimensions and materials, and at the lines, grades and
elevations as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
D. The description of the improvements and the
termini of the work contained in this Resolution are general in
nature. All items of work do not necessarily extend for the full
length of the description thereof. The plans and profiles of the
work as contained in the Engineer'S "Report" shall be controlling as
to the correct and detailed description thereof.
E. Whenever any public way is herein referred to
as running between two public ways, or from or to any public way,
the intersections of the public ways referred to are included to the
extent that work shall be shown on the plans to be done therein.
~IC. - I
F. Notice is hereby given of the fact that in many
cases said work and improvement will bring the finished work to a
grade different from that formerly existing, and that to said
extent, said grades are hereby changed and said work will be done to
said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of dir.ect
benefit to the properties and land within the Assessment District,
and this legislative body hereby makes the expenses of said work and
improvement chargeable upon a district, which said Assessment
District is hereby declared to be the Assessment District benefited
by said work and improvements and to be assessed to pay the costs
and expenses thereof, including incidental expenses and costs and
which is described as follows:
All that certain territory in the District included
within the exterior boundary lines shown on the plat exhibiting the
property affected or benefited by or to be assessed to pay the costs
and expenses of said work and improvements in the Assessment
District, said map titled and identified as "AMENDED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)", and which map was
heretofore approved and which said map or diagram is on file with
the transcript of these proceedings, EXCEPTING therefrom the area
shown within and delineated upon said map or plat hereinabove
referred to, the area of all public streets, public avenues, public
lanes, public roads, public drives, public courts, public alleys,
and all easements and righ"ts-of-way therein contained belonging to
the public. For all particulars as to the boundaries of the Assess-
ment District, reference is hereby made to said boundary map hereto-
fore previously approved and on file.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred
to WILLDAN ASSOCIATES, who is hereby directed to make and file a
combined report as authorized by Section 2961 of the Streets and
Highways Code of the State of California, said report to be in
writing and contain the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works
of improvement, including the cost of the incidental expenses in
connection therewith;
c. A diagram showing the Assessment District above
referred to, which shall also show the boundaries and dimensions of
the respective subdivisions of land within said Assessment District,
as the same existed at the time of the passage of the Resolution of
Intention, each of which subd.i~,isions ahall be given a separate
number upon said Diagram;
~\ ..Q...-J..
D. A proposed assessment of the total amount of
the assessable costs and expenses
the several divisions of land
benefits to be received by such
said improvement. Said assessment
upon said diagram by the respective
of the proposed improvement upon
in proportion to the estimated
subdivisions, respectively, from
shall refer to such subdivisions
numbers thereof;
be installed
necessary.
E.
under
The description of the works of improvement to
these proceedings, and acquis it ion, where
F. The total amount, as near as may be determined,
of the principal sum of any unpaid special assessments previously
levied or pending, other than those contemplated in these
proceedings.
G. The true value of the parcels of land and
improvements which are proposed to be assessed. Said true value may
be estimated as the full cash value of the parcels as shown upon the
last equalized assessment roll of the County.
When any portion or percentage of the cost and
expenses of the improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deducted from the total estimated costs and expenses of said work
and improvements, and said assessment shall include only the
remainder of the estimated costs and expenses. Said assessment
shall refer to said subdivisions by their respective numbers as
assigned pursuant to Subsection D. of this Section.
BONDS
SECTION 4. Notice is hereby given that bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act of
1915", being Division 10 of the Streets and Highways Code of the
State of California, which bonds shall mature a maximum of and not
to exceed TWENTY-FOUR (24) YEARS from the second day of September
next succeeding twelve (12) months from their date. The provisions
of Part 11.1 of said Act, providing an alternative procedure for the
advance payment of assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual propor-
tion of the aggregate principal of the bonds, and the amount of
principal maturing in each year, plus the amount of interest payable
in that year, will be generally an aggregate amount that is equal
each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to collect
and receive the assessments during the cash collection period. Said
bonds further shall be serviced by the Treasurer or designated
Paying Agent.
~1C.-3...
Refunding
Any bonds issued pursuant to these proceedings and
Division (a) may be refunded, (b) the interest rate on said bonds
shall not exceed the maximum interest rate as authorized for these
proceedings, and the numbeL. of years to maturity shall not exceed
the maximum number as authorized for these bonds unless a public
hearing is expressly held as authorized pursuant to said Division
11.5, and (c) any adjustments in assessments resulting from any
refundings will be done on a pro-rata basis.
Any authorized refunding shall be pursuant to the
above conditions, and pursuant to the provisions and restrictions of
Division 11.5 of the streets and Highways Code of the State of
California, commencing with Section 9500, and all further conditions
shall be set forth in the Bond Indenture to be approved prior to any
issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the
State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for one
or more of the following purposes:
amount of any
Thousand Dollars
the Improvement
A. Transfer to the general fund; provided that the
such transfer shall not exceed the lesser of One
($1,000.00) or five percent (5\) of the total from
Fund;
B. As a credit upon the assessment and any supple-
mental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a special
improvement fund ident if ied and designated by the name of this
Assessment District, and into said Fund monies may be transferred at
any time to expedite the making of the improvements herein autho-
rized, and any such advancement of funds is a loan and shall be
repaid out of the proceeds of the sale of bonds as authorized by
law.
~I Q- 4
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public
will not be served by allowing the property owners to
contract for the installation of the improvements, and
authorized by law, no notice of award of contract
published.
interest
take the
that, as
shall be
GRADES
SECTION 9. That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans and profiles
therefor, which grade may vary from the existing grades. The work
herein contemplated shall be done to the grades as indicated on the
plans and specifications, to which reference is made for a descrip-
tion of the grade at which the work is to be done. Any objections
or protests to the proposed grade shall be made at the public
hearing to be conducted under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
your attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
PUBLIC PROPERTY
SECTION 11. All public property in the use and performance of
a public function shall be omitted from assessment in these proceed-
ings unless expressly provided and listed herein.
NO CITY LIABILITY
SECTION 12. This legislative body hereby further declares not
to obligate itself to advance available funds from the Treasury to
cure any deficiency which may occur in the bond redemption fund.
This determination is made pursuant to the authority of Section
8769(b) of the Streets and Highways Code of the State of California,
and said determination shall further be set forth in the text of the
bonds issued pursuant to the "Improvement Bond Act of 1915".
DIVISION 4 PROCEEDINGS
SECTION 13. It is the intention of this legislative body to
fully comply with the proceedings and provisions of the "Special
Assessment Investigation, Limitation and Majority Protest Act of
1931", being Division 4 of the Streets and Highways Code of the
~l (~ S"
State of California, and specifically the alternate provisions
thereof, being Part 7.5. A combined Report, as authorized by
Section 2961, will be on file with the transcript of these proceed-
ings and open for public inspection.
WORK ON PRIVATE PROPERTY
SECTION 14. It is hereby further determined to be in the best
public interest and convenience and more economical to do certain
work on private property to eliminate any disparity in level or size
between the improvements and the private property. The actual cost
of such work is to be added to the assessment on the lot on which
the work is done, and no work of this nature is to be performed
until the written consent of the property owner is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15. It is hereby declared that this legislative body
proposes to levy an annual assessment pursuant to Section 10204 of
the Streets and Highways Code of the State of California, said
annual assessment to pay costs incurred by the city and not other-
wise reimbursed which result from the administration and collection
of assessments or from the administration or registration of any
associated bonds and reserve of other related funds.
Presented by
John P. Lippitt
Public Works Director
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
~)C--~
RESOLUTION NO. '''''0'1--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY
APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING
IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has instituted proceedings for the installation of
certain public works of improvement and appurtenances under
provisions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
California, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the legislative
body a "Report" provided for in Sections 10203 and 10204 of the
Streets and Highways Code of the State of California, and this
"Report" has been presented for consideration; and,
WHEREAS, said "Report" is a combined "Report n, consolidating
the requirements of both the "Municipal Improvement Act of 1913" and
the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931"; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by the legislative body; and the "Report" as now
presented shall stand as the "Report" for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS.
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report" of the Engineer referred to
hereinabove is considered adopted, passed upon, and preliminarily
approved, as follows:
A. That the plans and specifications for the
proposed improvements to be made, contained in said "Report" be,
and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized
and total costs and expenses of said acquisition, where necessary,
and improvements, and of the incidental expenses in connection there-
with, contained in said "Report", be, and each of them are hereby
preliminarily approved and adopted;
C. That the diagram showing the Assessment
District referred to and described in said Resolution of Intention,
and also the boundaries and dimensions of the respective subdivi-
sions of land within said Assessment District, as the same existed
~ID- \
at the time of the passage of said Resolution of Intention, each of
which subdivisions have been given a separate number upon said
diagram, as contained in said "Report", be, and it is hereby prelimi-
narily approved and adopted;
D. That the proposed assessment upon the several
subdivisions of land in said Assessment District, in proportion to
the estimated benefits to be received by such subdivisions, respec-
tively, from said acquisition and improvements, and of the inciden-
tal expenses thereof, as contained in said "Report ", be, and they
are hereby preliminarily approved and adopted;
E. That the maps and descriptions of the lands and
easements to be acquired, as contained in said "Report" be, and the
same are hereby preliminarily approved.
F. That
prev iously levied special
preliminarily approved;
the total
assessments,
amount
if any,
of
as
unpaid and/or
set forth, are
G. That the valuation data, including the true
value of the land and improvements, as determined from the cash
values of the parcels as shown upon the last equalized assessment
roll of the County is hereby preliminarily approved.
SECTION 3. That said "Report" shall stand as the Engineer's
"Report" for the purpose of all subsequent proceedings had pursuant
to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 26TH
DAY OF MAY, 1992, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR
MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS,
CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED
WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE
PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT
BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTEN-
TION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING
AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET
FOR THE PUBLIC HEARING.
SECTION 5. That the City Clerk is hereby directed to give
notice of said Public Hearing by causing to be conspicuously posted
on all open streets within the Assessment District, not more than
300 feet apart on each street so posted, but not less than 3 in all,
notice of the passage of the Resolution of Intention and of this
Resolution, all in accordance with the provisions of said Division
12.
SECTION 6. That the City Clerk is hereby directed to give
notice of said Public Hearing and of the passage of the Resolution
of Intent ion and this Resolution by causing such notice to be
published in accordance with Sect. ion 6066 of the Government Code, in
the newspaper previously designated as the newspaper for all publica-
tions as required by law and as necessary for completion of this
Assessment District.
~ID't...
SECTION 7. That the City Clerk is hereby directed to mail
notice of said Public Hearing and the adoption of the Resolution of
Intention and of the filing of the "Report" to all persons owning
real property proposed to be assessed, whose names and addresses
appear on the last equalized assessment roll for County taxes prior
thereto, or as known to said City Clerk, and to all other persons as
prescribed in accordance with the provisions of said Division 12.
SECTION 8. That the City Clerk is hereby further directed to
file a copy of the proposed boundary map in the Office of the County
Recorder within fifteen (15) days of the adoption of the proposed
boundary map; said boundary map to be in the manner and form as set
forth in Division 4.5 of the Streets and Highways Code of the State
of California.
Presented by
Oi "' .L
John P. Lippitt
Public Works Director
ruee M. Boogaard
City Attorney
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
"?\o-i
Executed this
ss.
'" STATE OF CALIFORNIA
~~NTY OF SAN DIEGO
CITr~CHULA VISTA
"
""-
I, Beverly A. 1hK..Q.elet,
California, do here
was duly
council held on the
, 1992.
Beverly A. Authelet, City Clerk
?>ID-~
RESOLUTION NO.
I (OS: <1<1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND
ADDENDUM THERETO FOR THE OTAY VALLEY ROAD WIDENING PROJECT
(EIR 89-01) SCH 89083004
WHEREAS, the area of land which is the subject matter of this
resolution is located in the extreme southeast corner of the City of
Chula Vista (the "City"), approximately 3.5 miles north of the
international border, extending approximately 8,800 linear feet from
Interstate Highway 805 to the eastern city boundary (the "Project
Site"); and
WHEREAS, the city has proposed the construction of the
following public improvements within the Project Area:
The widening of otay Valley Road from Interstate Highway
805 to the eastern City boundary to a six-lane prime
arterial within a 128 foot right-of-way. The improvements
will include a 60 foot landscaped median, six 12 foot
driving lanes, two 8 foot emergency parking lanes and 12
feet behind each shoulder curb for sidewalks, landscaping
and utilities.
The improvements are more part icularly defined in Section 2.0,
"Project Description" of the document entitled "Final Environmental
Impact Report Otay Valley Road Widening Project Chula Vista"
prepared for the City by Keller Environmental Associates, Inc.
(KEA) ("Consultant"), dated August, 1991 ("FEIR"). The project
description contained in the FEIR and the Addendum thereto,
including the proposal to establish an assessment district pursuant
to the Municipal Improvement Act of 1913 and to issue improvement
bonds for such assessment district pursuant to the Improvement Bond
Act of 1915 to implement the Project, is incorporated herein by this
reference as the "Project, II as if set forth herein, and which takes
precedence over any inconsistencies with a description or reference
to the Project herein contained; and,
WHEREAS, the Staff of the City ("Staff") has determined that it
will be necessary for the City to "approve" the Project by considera-
t ion, now or in the future, of certain discretionary activities
including, but not necessarily limited to, implementation of the
Project through the establishment of an assessment district to
prov ide the means to finance the construction of the Project,
awarding a contract for the construction of the Project, the levy of
assessments on properties within the proposed assessment district
which directly and specially benefit from such improvements, the
acquisition of right-of-way required for such improvements and the
issuance of improvement bonds to finance the construction of such
improvements; and,
'3/A-'
COUNCIL AGENDA STATEMENT
Item ~:t.
Meeting Date 4/21/92
ITEM TITLE:
Resolution }l.,l..c a Approving addi tional
appropriations into the sewer budget from the
Montgomery Sewer Service Revenue Fund (Fund 223)
and the Sewer Service Revenue Fund (Fund 225)
Director of Public Works iJIVtI
,
SUBMITTED BY:
REVIEWED BY:
city Manager'/,
(4/sths Vote: YeS~No___)
BACKGROUND:
Chula vista is in the second year of a series of sewer rate
increases to provide for the upgrade to the Metropolitan Sewer
System. The major $2.5 billion (1990 dollars) capital improvement
program to upgrade to secondary treatment and to provide for water
reclamation is called the Clean Water Program.
Chula vista staff had projected an 11% per year increase for an 8
year period in the sewer rates charged to Chula vista users which
was based on annual costs projections supplied by city of San Diego
staff. Those cost figures assumed that almost all capital costs
would be financed.
The city of San Diego recently reviewed the requirements for
financing the Clean Water Program (CWP) Capital Improvements and
determined that all the agencies participating in the Metropolitan
Sewage System needed to be billed now on a cash flow basis for the
Fiesta Island Replacement Program (FIRP), Point Loma Outfall
Extension - State Ocean Plan (SOP), and CWP administrative costs.
Previously the participating agencies had been told that all
capital costs for the first three years would be front funded by
the City of San Diego and paid back to San Diego over the next
several years with interest. This revised position by San Diego
increased the billings to the City of Chula vista and will also
increase our payments to the Spring Valley Sanitation District for
Fiscal Year 1991-1992. Due to these increased costs and increased
billing charges from Sweetwater Authority and Otay Water District,
it is necessary to appropriate into the sewer budget the additional
amounts of $232,030 and $1,224,537 from Funds 223 and 225,
respectively.
RECOMMENDATION: That Council adopt this resolution approving
additional appropriations into the sewer budget from Funds 223 and
225 and transferring funds from Fund 222 to Fund 225.
~'--1
Page 2, Item
Meeting Date 4/21/92
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As a participating agency of the San Diego Metropolitan Sewage
System (Metro), the City of Chula vista is charged for operation
and maintenance costs of the Metro system according to the amount
of wastewater discharge into the system. The quarterly bills are
paid from the Montgomery Sewer Service Revenue Fund (Fund 223) for
the Montgomery area wastewater flows and from the Sewer Service
Revenue Fund (Fund 225) for the Chula vista and Spring Valley
flows.
The FY 1991-1992 sewer budget was originally prepared in December
of 1990. The appropriations requested for the Metro Maintenance
and Operation (M&O) costs were provided verbally by Stanley
Griffith, Contracts Administrator of the City of San Diego and were
based on a rate of $593 per million gallons (MG) of wastewater
flow.
The City of San Diego had originally proposed front-funding all CWP
costs for Fiscal Years 1987-1992 until the Special Act District was
formed in 1993. They subsequently reviewed their requirements for
financing the capital costs associated with these projects and
determined that in order to obtain a good bond rating, they needed
to bill the participating agencies for all FIRP, SOP, and CWP costs
during FY 1991-92. They also included adjusted costs for Fiscal
Year 1990-91 which included SOP, FIRP and CWP administrative costs.
This does not increase our ultimate cost, (in fact due to lesser
interest costs our ultimate costs would be lower), however, earlier
costs are higher.
On May 26, 1991, Metro revised Chula vista's rates for FY 1991-92
to $1,033. This rate included $665 per MG for Metro M&O costs and
$368 per MG for FIRP, SOP and CWP administrative costs. Metro
subsequently revised their charges to include back billing of SOP,
FIRP and CWP Administrative costs to FY 1986-87. After several
participating agencies expressed doubt that they could afford to
pay invoices that included all these costs, the City of San Diego
proposed a payment plan spread over eight quarters in a letter
dated January 24, 1992. This plan included back billing of SOP,
FIRP and CWP administrative costs for FY 1990-91 in eight
installments, and billing of M & 0, SOP, FIRP, and CWP Admini-
stration for FY 1991-92 in four quarterly installments. We
received revised invoices for the first three quarters of FY
1991-92 based on this payment plan on February 27, 1992.
A portion of Chula vista's flow discharges initially to the Spring
Valley Outfall Sewer, then to the Metro system. The city currently
has 16 connections to the spring Valley Outfall Sewer. Per
agreement, the City pays the Spring Valley Sanitation District the
amount charged by San Diego for M&O plus an additional 10 percent
3:L-~
Page 3, Item
Meeting Date 4/21/92
for maintenance of their line.
Valley Sanitation District are
additional appropriations.
Increased payments to the Spring
also included in our request for
Fund 225 is also used to pay sewer service billing charges to the
Sweetwater Authority and otay Water District. The amounts
originally appropriated were based on a charge of $0.50 per billing
to Sweetwater and $0.25 to the otay Water District. Subsequent to
the preparation of the sewer budget, these fees were increased to
$1.50 by Sweetwater and to $0.50 by the otay Water District for
Fiscal Year 1991-92. This represents a 200% increase in payment to
the Sweetwater Authority and 100% to the otay Water District. The
water companies felt that these increases were necessary due to the
extra work associated with the multiple billing rates for
commercial facilities, the addition of the storm drain fee, and the
effect of inflation on personnel and mailing costs. We estimated
the sewer service fee collection charges based on approximately
15,900 bi-monthly billings (6 times per year) by the Sweetwater
Authority and 13,000 monthly billings (12 times per year) by the
otay Water District.
The enclosed table provides information on the original amounts
budgeted for these items, the revised expenditures, and the
additional appropriations required.
IMPACT ON SEWER RATES
This action alone would not require us to raise the sewer rates
above the planned 11% per year, since there are adequate reserves
in the Sewer Service Revenue Funds. However, we recently received
cost figures from San Diego for the next 10 year period which is a
revision to their previous estimates. These figures indicate that
San Diego is planning to sell no more bonds after FY 1996.
Therefore, capital projects in 1997 and later are funded on a cash
flow basis. Costs to us for flows in 1997 per million gallons will
increase to $10,476 from $5,128 in 1996. Then the costs decrease
after 1997 yearly to $7,224 per million gallons by 2003. This cash
flow scenario will require us to have a larger increase for the
next 5 years, with lower increases after that.
Chula vista raised the connection fees for developers to connect to
the sewer to $2,220 per EDD. One purpose of that fee was to
contribute toward the major sewer upgrade project. Chula vista is
currently using only 12/19 of our contracted for capacity. Staff
believes it is appropriate to charge 7/19 of the upgrade costs from
development fees, because we are reserving ahead of development
that sewer capacity. Based on that scenario, there is justifi-
cation to transfer money from the Trunk Sewer Capital Reserve Fund
(222) to the Sewer service funds (223 & 225). The current balance
of Fund 222 is in excess of $10 million and is estimated to grow by
over $2 million per year. Preliminary estimates are that we could
transfer $1.6 million for this year, which would assist in holding
32~3
Page 4, Item
Meeting Date 4/21/92
cation to transfer money from the Trunk Sewer Capital Reserve Fund
(222) to the Sewer service funds (223 & 225). The current balance
of Fund 222 is in excess of $10 million and is estimated to grow by
over $2 million per year. Preliminary estimates are that we could
transfer up to $1.6 million for this year, which would assist in
holding down the monthly sewer service rate increases. This
resolution will transfer $1,456,567 from Fund 222 to the Sewer
Service Revenue Fund (Fund 225). Staff will be returning to
Council prior to final Budget approval, for next year's sewer rate
increase.
FISCAL IMPACT: The total additional amount required to cover the
increased costs of Metro M&O and sewer service fee collection
charges is $1,456,567, as shown in the attached table. This amount
includes $232,030 from Fund 223, and $1,224,537 from Fund 225.
Additionally $1,456,567 is being transferred from Fund 222 to Fund
225.
There are sufficient funds in Funds 223 and 225 to cover the
additional appropriations.
KY-060-2
m"SBlA-113SIMONTSEWR
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RESOLUTION NO. {lo/oDS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TRANSFER OF FUNDS FROM
TRUNK SEWER RESERVE FUND (FUND 222) AND
APPROVING ADDITIONAL APPROPRIATIONS INTO THE
SEWER BUDGET FROM THE MONTGOMERY SEWER SERVICE
REVENUE FUND (FUND 223) AND THE SEWER SERVICE
REVENUE FUND (FUND 225)
WHEREAS, the City of San Diego recently reviewed the
requirements for financing the Clean Water Program (CWP) capital
Improvements and determined that all the agencies participating in
the Metropolitan Sewage System needed to be billed for the Fiesta
Island Replacement Program, Point Lorna Outfall Extension - State
Ocean Plan, and CWP administrative costs; and
WHEREAS, this increased the billings to the city of Chula
vista and will also increase our payment to the Spring Valley
Sanitation District for FY 1991-92; and
WHEREAS, due to these increased costs and increased
billing charges from Sweetwater Authority and Otay Water District,
it is necessary to appropriate into the sewer budget the additional
amounts of $232,030 and $1,224,537 from Funds 223 and 225,
respectively.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the transfer of
$1,456,567 from Trunk Sewer Reserve Fund (Fund 222) to Fund 225 and
approving additional appropriation of $232,030 from Montgomery
Sewer Service Revenue Fund 223 into Account 223-2230-5203 and
$1,224,537 from Sewer Service Revenue Fund 225 into Account 225-
2250-5203 to provide additional monies into the se er budget.
John P. Lippitt, Director of
Public Works
d ar
Presented by
'Bruce M.
Attorney
C:\rs\sewerapprop
~:z.- It>
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 4/21/92
ITEM TITLE:
Report on Enrollment in the California Natural Communities Conservation
Program
Director of Planning ;Jfl.(
City Manager 5 (4/5ths Vote: Yes_No.lO
SUBMITTED BY:
REVIEWED BY:
Planning Department staff has been working with County Planning Department staff, several
area property owners, and the California State Resources Agency over the last several months
to prepare an enrollment in the State's Natural Communities Conservation Program (NCCP).
The program is designed to protect wildlife habitat before it becomes so fragmented or degraded
as to require listing of species which reside in it as endangered under the State or Federal
Endangered Species Act. The program's goal is to both save critical habitat and allow
reasonable economic activity and development to continue. While the NCCP is intended to
encourage multiple-species conservation planning for a variety of habitat types, this particular
NCCP aims to protect Coastal Sage Scrub, a vegetation type which provides habitat to the
California Gnatcatcher and several other threatened plant and animal species.
The State has transmitted proposed enrollment forms, and indicated their desire that the City of
Chula Vista, along with several other public agencies in Orange, Riverside, and San Diego
counties, enroll in the Natural Communities Conservation Program by May 1, 1992 (see attached
letter from the State Resources Agency).
RECOMMENDATION: That the City Council authorize staff to enroll the City of Chula Vista
into a South County Natural Communities Conservation Program along with the County of San
Diego and several property owners in the South County area.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Natural Communities Conservation Program is designed to address the fact that threatened
and endangered species have reached such status largely because of impacts to habitats they
require to subsist. There is a need for broad-based planning to provide for effective protection
and conservation of California's wildlife, while continuing to allow for development and growth
within affected communities. The Natural Communities Conservation Program is proposed to
~~-1
Page 2, Item
Meeting Date 4/21/92
provide a mechanism by which public agencies and private land owners can work together and
provide for conservation of broad-based natural communities and species diversity.
The State has produced forms for two types of "enrollment" into the Natural Communities
Conservation Program, one for local jurisdictions, and the other for private landowners and
governmental agencies which have extensive land-holdings (e.g. City of San Diego reservoir
lands around Otay Lakes). After a series of working meetings, the City of Chula Vista, County
of San Diego, and several South County landowners, including Baldwin, San Miguel Partners,
Sunbow, and McMillin, have tentatively agreed to join forces in a single South County Natural
Communities Conservation Program effort. If approved by the Council, Chula Vista will submit
its enrollment as part of a "package" of enrollments which also includes San Diego County and
participating private property owners. Such a "package," and subsequent cooperation in
preparing a single South County Natural Communities Conservation Plan, would best implement
the legislation's intent by providing a single comprehensive regional wildlife preservation plan
in South San Diego County. Attached is a map showing the approximate boundaries of the
proposed NCCP.
The attached enrollment form for local jurisdictions specifies the objectives of the program, the
commitments necessary from Chula Vista to assist in the preparation of the program, and the
commitments necessary from Chula Vista to abide by a series of interim measures during the
preparation of the South County Natural Communities Conservation Plan. Staff has prepared
statements from the City responding to each of the requirements set forth in the form of
agreement, which are also attached. The proposed enrollment has been reviewed by the City's
Environmental Resource Manager, who will be working with the Planning Department in
implementing this program.
The State has not yet proposed process guidelines for preparation of the actual Natural
Communities Conservation Plan. In the event the City is not satisfied with these guidelines once
they are completed, the City then has 30 days to terminate its commitment to the Natural
Communities Conservation Program if it so chooses.
The first stage of the program, expected to take six months to complete, will involve setting up
a joint work program based upon the State's planning process guidelines, evaluating the need
for additional interim protection of Coastal Sage Scrub, and collecting and reviewing biological
field data. As noted above, the focus of the initial planning program is on Coastal Sage Scrub
habitat. However, the work program will also address future planning for other habitat types,
anticipating habitat management needs for threatened species, in order to plan for potential future
listings. In addition, this planning program will be closely coordinated with the Clean Water
Program Multiple Species Conservation Program, which covers a large portion of the South
County NCCP study area. The expected City staff cost of the first stage of the Natural
Communities Conservation Program is $25,000 - $30,000. Staff has received a commitment
~;-2
Page 3, Item
Meeting Date 4/21/92
from the major property owners that this amount will be deposited by them to the City for
reimbursement of staff costs on this item. Staff will closely monitor the cost accounting for this
project, to ensure that all City costs are fully recovered from affected property owners.
FISCAL IMPACT:
All costs for this project are to be borne by the private property owners who are enrolling in the
Natural Communities Conservation Program; therefore, there will be no net fiscal impact to the
City.
Estimates of costs after the first stage of the planning process are difficult to predict prior to
preparation of the detailed work program. Staff will return with a report to the Council once
these costs are known.
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ENROLLMENT FORM
NATURAL COMMUNITY CONSERVATION PLANNING/
COASTAL SAGE SCRUB
Enrollment for cities and Counties
The Natural Community Conservation Planning/coastal sage Scrub
(NCCP/CSS) project is a voluntary program and a collaborative
effort with local government and landowners sponsored by the
California Resources Agency and its Department of Fish and Game
with the cooperation of the u.s. Fish and wildlife Service (USFWS).
The NCCP/CSS will focus on coastal sage scrub habitat and three
target species within it. The NCCP goal is to conserve long-term
viable populations of the state's native animal and plant species,
and their habitats, in landscape units large enough to ensure their
continued existence while allowing compatible and appropriate
development and growth, as set forth in section 2800 et. seq. of
the California Fish and Game Code (The Natural Community
Conservation Act of 1991).
Local jurisdictions agree to join in the collaborative planning
process that will lead to preparation of guidelines and standards
required by the Natural Community Conservation Act. The purpose of
the planning guidelines is to achieve the following objectives:
a. Reconcile potential conflicts between the conservation of
coastal sage scrub habitat, as defined on the basis of surveys
of target species, and planned development or other actions
that could impair long-term habitat functions.
b. Help coordinate the NCCP program with provisions of federal
and state law, such as critical habitat, habitat conservation,
and recovery plan requirements, as applicable.
c. Provide for the review of NCCP plans pursuant to the program
environmental impact report (EIR) provisions of the California
Environmental Quality Act (CEQA) to define programmatic impact
assessment, alternatives analysis, and mitigation measures for
future individual projects or actions within then NCCP plan
area with regard to potential impacts on coastal sage habitat
and associated species.
d. Provide assurances against additional mitigation requirements
being imposed for the purposes set forth in the plan except
upon a Showing of significant unforeseen circumstances.
e. Establish procedures for incidental take permits to become
applicable if any target species designated in the NCCP later
becomes a candidate species or a listed species.
~3..ti
f. Conserve long-term viable coastal sage scrub habitat and
designated species, in landscape units large enough to ensure
their continued existence.
g. Establish procedures for coordinating public and private
NCCP/CSS efforts, plan preparation and review, and set dates
for completion of each phase of the program.
Local jurisdictions participating in the NCCP/CSS collaborative
planning process agree to meet the following standards during the
planning period. (For jurisdictions joining the process prior to
May 1, 1992, the planning period will begin on the date of
enrollment and will terminate on October 31, 1993. For
jurisdictions joining the process after May 1, 1992, the planning
period will last for 18 months following the date on which they
join) .
As a participating jurisdiction, the City of Chula vista agrees to
the following:
1. To assist in the formulation of subregional coastal sage scrub
natural community conservation plans by:
a. Cooperating with other local governments and with
landowners to undertake field studies on Coastal Sage
Scrub within their jurisdictions.
b.
Cooperating with other local governments
landowners to prepare and process NCCP's for
established under the NCCP program.
and with
subregions
c. utilizing regulatory authority to the extent authorized
by law to support the Natural Communities Conservation
Planning (NCCP) Program as envisioned by Fish and Game
Code Sections 2800-2880.
d. Including information on the NCCP program with materials
and advice provided to potential project applicants &
encouraging landowners to enroll their lands.
2 .
To be sensitive to
activities on coastal
period by:
the potential impacts of proposed
sage scrub during the NCCP planning
a. Enrolling, to the maximum extent feasible, publicly-owned
lands into the NCCP program by completing the "Enrollment
Agreement for Landowners and Land Management Agencies"
form and submitting it to the Department of Fish and Game
NCCP Program Coordinator.
b. Ensuring that its employees are aware of the NCCP program
and of the jurisdiction's commitment to it.
~3-b
c. Coordinating existing fire prevention and brush & weed
abatement policies with the Department and USFWS to
ensure that the coastal sage scrub community is not
unnecessarily impacted.
d. Requiring that any proposed projects provide full
disclosure of the amount of coastal sage scrub habitat on
the project site and the potential impacts to it.
e. Monitoring cumulative loss/impact of the coastal sage
scrub natural community within its jurisdiction and
reporting these losses/impacts to the Department of Fish
and Game on a quarterly basis.
f. Requiring, where coastal sage scrub is likely to be
impacted, that draft EIR's circulated after the release
of the 1992 survey Guidelines include, to the maximum
extent feasible, surveys prepared in a manner compatible
with scientific Review Panel (SRP) survey guidelines for
the selected target species and ensure that these field
data will be provided to the Department in a form useable
to the SRP.
g. Requiring analysis of project impacts to coastal sage
scrub habitat and other contiguous natural areas such as
riparian areas that constitute essential habitat
corridors linking coastal sage scrub areas.
h. Assessing and making appropriate findings as part of the
CEQA review process regarding whether: a) projects will
have significant unmitigated impact on coastal sage scrub
habitat; and b) projects will have the potential to
preclude the ability to prepare an effective subregional
NCCP.
i. Requiring environmental documentation in areas where no
prior environmental review has been completed under CEQA
for grading, grubbing, and similar acti vi ties proposed in
coastal sage scrub natural communities except as required
for ongoing agricultural operations.
j. Consulting with the Department and USFWS and to strongly
consider their recommended mitigation measures for
projects affecting coastal sage scrub processed during
the NCCP planning period.
The commitment of the jurisdiction to maintain these standards is
only for the duration of the collaborative planning period.
:;5-'1
A jurisdiction may terminate its commitments under this agreement
within 30 days following agreement on subregions and the
establishment of the Department's NCCP process or within 30 days
following August 1, 1992 if no process guidelines have been
completed by that date.
AUTHORIZED SIGNATURE:
Name
Date
Title
City or County
(enrol.res)
~3-8
CITY OF CHULA VISTA
NCCP ENROLLMENT FORM
COMMENTS ON CONDITIONS OF ENROLLMENT
April 21, 1992
1.a. Chula Vista is coordinating Coastal Sage Scrub field studies with the County of
San Diego and all participating property owners within the area of the South
County Natural Communities Conservation Program.
1.b. Chula Vista's enrollment is in concert with the enrollment of the County of San
Diego and participating property owners within the South County Natural
Communities Conservation Program. Our objective is the preparation of a single,
comprehensive NCCP within the South County NCCP planning area.
1.c. Chula Vista will utilize our regulatory authority to support the NCCP.
1.d. Chula Vista City staff has been in contact with all major property owners within
the City's corporate boundaries, sphere of influence, and planning area, informing
them of the South County NCCP and facilitating their enrollment.
2.a. The City of Chula Vista does not have significant land holdings within the area
proposed for the South County NCCP.
2.b. Chula Vista will educate its employees regarding the South County NCCP.
2.c. The Chula Vista Fire Department will be made aware of the need to coordinate
fire prevention and brush and weed abatement policies with State and Federal
wildlife agencies.
2.d. In processing various large-scale projects within the Sweetwater and Eastern
Territories areas of the City, Chula Vista has required full disclosure of the
impacts to Coastal Sage Scrub within each project's Environmental Impact
Report. Chula Vista will continue this disclosure requirement for all new
projects.
2.e. Chula Vista will provide quarterly reports to the Department of Fish and Game
on all impacts to Coastal Sage Scrub within our jurisdiction.
2.t. Chula Vista will require future EIRs to meet the Survey Guidelines set forth by
the Scientific Review Panel.
-5-
~3-~
2.g. Chula Vista already requires analysis of essential habitat corridors linking Coastal
Sage Scrub areas within project EIRs. The City will continue this practice.
2.h. Chula Vista will continue its present practice of fully assessing significant impacts
to biological resources, including Coastal Sage Scrub, and determining
appropriate findings. Chula Vista will also fully analyze the potential impacts to
an effective South County NCCP from individual projects during the public
review and public hearing process.
2.i. Most of Chula Vista's Coastal Sage Scrub areas are within large-scale projects
which, as conditions of project approval, must receive environmental clearance
prior to commencement of brushing, grubbing, or grading. Chula Vista will
determine the extent of additional Coastal Sage Scrub areas, and will analyze the
need for additional restrictions and environmental documentation within areas not
subjected to previous environmental review.
2.j. Chula Vista will continue to fully cooperate with the California Department of
Fish and Game and the U. S. Fish and Wildlife Service on all projects affecting
Coastal Sage Scrub, and strongly consider their recommended mitigation
measures.
ADDITIONAL NOTE:
It is the intent of Chula Vista to allow projects, including Rancho del Rey SPA
III, Sunbow II, and Salt Creek Ranch, which have been approved subject to
certified Environmental Impact Reports, and which contain mitigation measures
for Coastal Sage Scrub impacts which have been reviewed by the California
Department of Fish and Game and the U. S. Fish and Wildlife Service, to go
forward with additional development permits during the NCCP planning process,
provided that they comply fully with the mitigation measures which have been
approved.
-6-
33-JD
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The Resources Agency
Pete Wilson
Governor
"i
of California
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California Conservation Corps . Department of Boating &.. Watervvays . Department of Conservation
Department of Fish &.. Game. Department of Forestry &.. Fire Protection . Department of parks &.. Recreation _ Department of Water Resources
March 17, 1992
The Honorable Tim Nadeer
Mayor of Chula vista
276 Fourth Ave
Chula vista CA 91910
Dear Mayor Nadeer,
The Resources Agency, in conjunction with the Department of
Fish and Game and the u.s. Fish & Wildlife service, has
undertaken a Natural Communities conservation Planning (NCCP)
program, designed to protect habitat before it becomes so
fragmented or degraded as to require listing of species as
endangered under the state and/or federal Endangered Species
Act. Established in 1991 under new legislation sponsored by
Assemblyman Dave Kelly (AB-2l72), the goal of this new
process is to both save critical habitat and allow reasonable
economic activity and development to continue. Previous
experience has shown that listing of a species as threatened
and/or endangered can have severe economic consequences, and
despite a sometimes heroic regulatory effort, the long-term
survival of the species is not assured. r am writing this
letter to ask you to join with us in a collaborative planning
process designed to implement a pilot habitat planning
program for coastal sage scrub. This program is designed to
be voluntary and to give you flexibility in making advance
plans, and to give more certainty to property owners and
builders as they make development decisions and investments.
There is broad agreement that proactive planning for habitat
conservation is far better than draconian moratoria,
regUlatory restrictions and loss of local control which may
come after a species is determined to be endangered. This
new process requires scientific data and carefully negotiated
agreements which will provide permanent protection for
sustainable amounts of habitat and viable species'
populations. All these efforts are expected to take a year
to 18 months to implement.
The Resources Building Sacramento, CA 95814 (9161 653-5656 FAX (916) 653-8102
California Coastal Commission . California Tahoe Conservancy . Colorado River Board of California
Energy Resources, ConselVation &. Development Commission . San Francisc,? Bay Conservation &. Development Commission
State Coastal Consmvancy . State Lands Commission . State Reclamation Board
* Prinled on recycled paper
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March 17, 1992
Page 2
Any significant loss of birds, or negative changes to
existing habitat areas could make this process ineffective,
and force the listing of the gnatcatcher, thereby diverting
time, energy and resources from this proactive process to a
more narrowly focused, defensive one. Your cooperation is
vital.
The attached enrollment form outlines the commitments we hope
you will make to this unique program. It defines the
planning commitment you can take in your jurisdiction to help
protect against coastal sage scrub loss or degradation.
Please review them with your staff. p'ee1 free to call Susan
Cochrane or Larry Eng, (916) 324-8348 if you would like
copies of the Coastal Sage Scrub Survey Guidelines or for
further information. If I can be of any assistance in the
meantime, please let me know.
We ask that you "enroll" your jurisdiction within the next 8
weeks. Your quick response and cooperation will help ensure
the success of this effort. If you wish to propose wording
changes or modifications to the enrollment form before
signing, feel free to contact me.
Please keep us advised on your progress, so we can give your
city adequate recognition and credit for your
accomplishments. I look forward to working with you on this
exciting new program.
Sincerely, A ~~
~~<,4
Carol G. Whiteside
Assistant Secretary for
Intergovernmental Relations
Enclosure
cc: Planning Director
~3-/:2..
I
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NATURAL COMMUNITY CONSERVATION PLANNING/
COASTAL SAGE SCRUB
Enrollment Aareement
for Landowners and Land Manaaement Aaencies
The Natural Community Conservation planning/Coastal Sage
Scrub (NCCP/CSS) project is a voluntary program and a
collaborative effort with local governmental and landowners
sponsored by the California Resources Agency and its Department
of Fish and Game with the cooperation of the U.S. Fish and
Wildlife Service. The NCCP/CSS will focus on coastal sage scrub
habitat and three target species within it. The NCCP goal is to
conserve long-term viable populations of the State's native
animal and plant species, and their habitats, in landscape units
large enough to ensure their continued existence while allowing
compatible and appropriate development and growth, as set forth
in Section 2800 et. seq. of the California Fish and Game Code.
Landowners or land-management agencies enrolling in the
NCCP/CSS process agree that:
1. No activity on the enrolled property that would cause
disturbance of the coastal sage scrub vegetation will occur
during the planning period other than actions mandated for
public safety by a government agency having jurisdiction to
impose such requirements.
2. Landowners and land-management agencies will survey their
enrollment land, or cooperate in joint surveys, using
guidelines approved by the Scientific Review Panel (SRP),
unless the property has already been exempted by the
Department of Fish and Game, and will deliver survey data to
the SRP by the SRP's deadline dates and in SRP-approved
formats.
3. Landowners and land-management agencies will join in a
collaborative planning process that will lead to preparation
of guidelines and standards required by Sections 2800 et.
seq. of the California Fish and Game Code and in addition
will fully comply with regulatory controls of the CEQA/EIR
process in present state law. The purpose of the planning
guidelines is to achieve the following objectives:
a. Reconcile potential conflicts between the conservation
of coastal sage ,scrub habitat, as defined on the basis
of surveys of target species, and planned development
or other actions that could impair long-term habitat
functions.
3/12/92
~~..t;
~
,
NCCP Enrollment Agreement
Landowners and Land Management Agencies
2
b. Help coordinate the NCCP program with provisions of
federal and state law, such as critical habitat,
habitat conservation, and recovery pl~n requirements,
as applicable.
c. . Provide for the review of NCCP plans pursuant to the
fprogram EIR prov~sions of CEQA to define programmatic
impact assessment, alternatives analysis, and
mitigation measures for future individual projects or
actions within the NCCP plan area with regard to
potential impacts on coastal sage habitat and
associated species.
d. Provide assurance against additional mitigation
requirements being imposed for the target species
except upon a showing of significant unforeseen
circumstances.
e. Establish procedures for incidental take permits to
become applicable if any target species designated in
the NCCP later becomes a candidate species or a listed
species.
f. Conserve long-term viable coastal sage scrub habitat
and its target species, in landscape units large enough
to ensure their continued existence.
g. Establish procedures for coordinating PUblic and
private NCCP/CSs efforts, plan preparation and review,
and set dates for completion of each phase of the
program.
4. The collaborative planning period begins on May 1, 1992, for
properties enrolled prior to that date, and on the date of
enrollment for later properties. The planning period
terminates on October 31, 1993 or upon approval of an NCCP,
whichever is earlier. The Department of Fish and Game will
define and pursue implementation of the NCCP/CSS program
expeditiously, including the formulation of process
guidelines and subregions as early as possible.
3/12/92
. , _~~,,' ~---'-
. - -- --.. - --.....--_..-.....-~------
"
,
NCCP Enrollment Agreement
Landowners and Land Management Agencies
3
5. Any enrollee may terminate its obligations under this
agreement 30 days after Department approval of the NCCP
planning sub-region applicable to the enrolled property or
NCCP planning process guidelines pursuant to paragraph 3, or
30 days after August 1, 1992, if no guidelines or sub-
regions have been approved by that date. The Department may
terminate its obligation with any enrollee who fails to
comply with the provisions of this enrollment process. In
the event that the Department of Fish and Game proposes to
terminate this obligation, the Department will provide the
enrollee with written notice of the alleged defaults in the
enrollee's compliance with the enrollment agreement and will
establish a reasonable time to cure any such alleged
default.
Authorized Signatures:
Signature and Title
Signature and Title
Landowner or Land Management
Agency
California Department of
Fish and Game
Date
Date
3/12/92
~~.../.
.\
ENROLLMENT FORM
NATURAL COMMUNITY CONSERVATION PLANNING/
COASTAL SAGB SCRUB
Enrollment for cities and Counties
The Natural Community Conservation Planning/coastal Sage
Scrub (NCCP/CSS) project is a voluntary program and a
collaborative effort with local government and landowners
sponsored by the California Resources Agency and its Department
of Fish and Game with the cooperation of the U.S. Fish and
Wildlife Service (USFWS). The NCCP/CSS will focus on coastal
sage scrub habitat and three target species within it. The NCCP
goal is to conserve long-term viable populations of the State's
native animal and plant species, and their habitats, in landscape
units large enough to ensure their continued existence while
allowing compatible and appropriate development and growth, as
set forth in Section 2800 et. seq. of the California Fish and
Game Code (The Natural Community Conservation Act of 1991).
Local jurisdictions agree to join in the collaborative
planning process that will lead to preparation of guidelines and
standards required by the Natural Community Conservation Act.
The purpose of the planning guidelines is to achieve the
following objectives:
a. Reconcile potential.conflicts between the conservation
of coastal sage scrub habitat, as defined on the basis
of surveys of target species, and planned development
or other actions that could impair long-term habitat
functions.
b. Help coordinate the NCCP program with provisions of
federal and state law, such as critical habitat,
habitat conservation, and recovery plan requirements,
as applicable.
c. Provide for the review of NCCP plans pursuant to the
program environmental impact report (EIR) provisions of
the California Environmental Quality Act (CEQA) to
define programmatic impact assessment, alternatives
analysis, and mitigation measures for future individual
projects or actions within the NCCP plan area with
regard to potential impacts on coastal sage habitat and
associated species.
d. Provide assurance against additional mitigation
requirements being imposed for the purposes set forth
in the plan except upon a showing of significant
unforseen circumstances.
3/9/92
~_~_-1*, __ ______.
~-
t'
CIn aJlD COUJITY I:HJl.OL1X""(T FORM
2
f.
Establish procedures for incidental take permits to
become applicable if any target species designated in
the NCCP later becomes a candidate species or a listed
species.
Conserve long-term viable coastal sage scrub habitat
and designated species, in landscape units large enough
to ensure their continued existence.
. l
e.
g.
Establish procedures for coordinating public and
private NCCP/CSS efforts, plan preparation and review,
and set dates for completion of each phase of the
program.
Local jurisdictions participating in the NCCP/CSS
collaborative planning process agree to meet the following
standards during the planning period. [For jurisdictions joining
the process prior to May 1, 1992, the planning period will begin
on the date of enrollment and will terminate on October 31, 1993.
For jurisdictions joining the process after May 1, 1992, the
planning period will last for 18 months following the date on
which they join.]
3/9/92
u___~_~3 - J.1_____
- ~,-' ---.--
-.
CITY AJII) COtlK'rY BJlROI..LMl!:H'r FORM
3
As a participating jurisdiction
agrees to the following.
1. To assist in the formation of subregional coastal sage
scrub natural community conservation plans by:
a. Cooperating with other local governments and with
landowners to undertake field studies on CSS
within their jurisdictions.
b. Cooperating with other local governments and with
landowners to prepare and process NCCP's for
subregions established under the NCCP program.
c. utilizing regulatory authority to the extent
authorized by law to support the Natural
Communities Conservation Planning (NCCP) Program
as envisioned by Fish & Game Code Sections 2800
2880.
d. Including information on the NCCP program with
materials and advice provided to potential project
applicants & encourage landowners to enroll their
lands.
2. To be sensitive to the potential impacts of proposed
activities on coastal sage scrub during the NCCP
planning period by:
a. Enrolling, to the maximum extent feasible,
publicly-owned lands into the NCCP program by
completing the "Enrollment Agreement for
Landowners and Land Management Agencies" form and
submitting it to the Department of Fish and Game
NCCP Program Coordinator.
b. Ensuring that its employees are aware of the NCCP
program and of the jurisdiction's commitment to
it.
c. Coordinating existing fire prevention & brush &
weed abatement policies with the Department &
USFWS to ensure that the coastal sage scrub
community is not unnecessarily impacted.
3/9/92
~~..18'
-
.
CIn AIlD COU.cn DJlOLl.NZRT FORM
4
d. Requiring that any proposed projects provide full
disclosure of the amount of coastal sage scrub
habitat on the project site and the potential
impacts to it. .
e. Monitoring cumulative loss/impact of the coastal
sage scrub natural COllllllunity within ,its ,.
jurisdiction and reportIng these losses/impacts to
the Department of Fish and Game on a quarterly
basis.
f. Requiring, where coastal sage scrub is likely to
be impacted, that draft EIR's circulated after the
release of the 1992 Survey Guidelines include ,to
the maximum extent feasible, surveys prepared in
a manner compatible with Scientific Review Panel
(SRP) survey guidelines for the selected target
species and ensure that these field data will be
provided to the Department in a form useable by
the SRP.
g.
Requiring analysis of project impacts to coastal
sage scrub habitat and other contingous natural
areas such as riparian areas that constitute
essential habitat corridors linking coastal sage
scrub areas.
~
,
h. Assessing and making appropriate findings as part
of the CEQA review process regarding whether: a)
projects will have significant unmitigated impact
on coastal sage scrub habitat7 and b) projects
will have the potential to preclude the ability to
prepare an effective subregional NCCP.
i. Requiring environmental documentation in areas
where no prior environmental review has been
completed under CEQA for grading, grubbing and
similar activities proposed in coastal sage scrub
natural communities except as required for ongoing
agricultural operations.
j. Consulting with the Department and USFWS and to
strongly consider their recommended mitigation
measures for projects affecting coastal sage scrub
processed during the NCCP planning period.
3/9/92
_.--- -----------_.~...
_~~)~L"-.- ___..- ---
CUT lUlJ) COUJlTr BNROLI.MEll'r FORM
The commitment of the jurisdiction to maintain these
standards is only for the duration of the collaborative planning
period.
A jurisdiction may terminate its commitments under this
agreement within 30 days following agreement on subregions and
the establishment of the Department's NCCP process quidelines or
within 30 days following Auqust 1, 1992 if no process quidelines
have been completed by that date.
Authorized Signature:
Name
Date
Title
city or County
"
3/9/92
'.5 3" ;u>
..~?- -
5
-
"'I
COUNCIL AGENDA STATEMENT
Item M-
Meeting Date 04/21/92
ITEM TITLE: REPORT Status of Relocation Mobilehome Park Effort
SUBMITTED BY: Community Develop~ent Director ~~
REVIEWED BY: Executive Director(' I
v (4/5ths Vote: Yes
No.X'>
BACKGROUND:
The City Council directed staff to provide at this meeting a report on the status of the effort to
provide a Relocation Mobilehome Park for residents of Chula Vista who might be displaced by
closure of mobilehome parks in which they reside. This report covers the need for such a park,
the background of the City's efforts to date with analysis of possible sites for a Relocation
Mobilehome Park, and alternate forms of assistance to mobilehome park displacees.
RECOMMENDATION: That the City Council direct staff to:
1. Continue to pursue opportunities to support development of affordable low-income
multi-family rental units, with first priority for occupancy extended to the maximum
degree possible to low-income displacees from mobilehome parks.
2. Delete the Capital Improvement Project for a Relocation Mobilehome Park from the
Capital Improvement Program being brought forward in the budget process, which
will return the $700,000 project balance to the unappropriated reserves of the Low-
and Moderate-Income Housing Fund.
3. Return to the Redevelopment Agency with a consideration of alternative uses for the
Agency's 14.3 acre Lower Sweetwater site.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Need for Relocation Mobilehome Park
There are 35 mobilehome parks in the City of Chula Vista. Of those, 21 are zoned Mobilehome
Park only. The remaining 14 parks have underlying zoning for multi-family or commercial uses
and are predominately older trailer parks, many of which are on the Broadway corridor and on
commercial corridors in the southern section of the City. These parks are characterized by
higher densities than mobilehome-only zoned parks, older, often substandard, mobilehomes and
travel trailers, deteriorated infrastructure, and lower household incomes. Once occupied
predominately by seniors, these parks are increasingly providing affordable housing opportunities
for low-income families. Often the mobilehomes are substantially over-crowded by larger
families.
"3t[ -/
Page 2, Item...3.L
Meeting Date 04/21/92
As these mobilehome parks have deteriorated, and as the land values on these commercial
corridors have risen, parks have begun to close and convert to apartments, condominiums, and
neighborhood shopping centers. The result is that the park residents, many of whom own their
own coaches, are displaced into a space-rental market with a low vacancy factor and face loss
of their coaches for lack of a space to which to relocate.
In response, the City Council adopted a Mobilehome Park Relocation Ordinance which obligates
the park owner closing a park to assist the displacees financially and technically, but does not
require actual physical relocation to another space as a condition to closing the park. Since
enactment of the ordinance, AI's Trailer Haven and Lloyd's Trailer Park have closed, and Twin
Palms Park and Palomar Park are in the process of closing.
Regarding Twin Palms and Palomar, in the past two weeks, the owners of both Twin Palms
Park and Palomar Park have been sent letters identifying what must be submitted before closure
will be approved by the Community Development Director (letters included as Attachment 1).
Once the owners have complied with Chapter 9.40 of the Chula Vista Municipal Code, they will
be allowed to close. It is important to note that compliance does not mean that all eligible
residents must be relocated. Instead, the chapter states that relocation assistance found
acceptable by the Community Development Director must be offered to eligible residents. At
the present time, both Twin Palms Park and Palomar Park have residents who have moved into
the parks after the Notice of Closure was provided. According to Chapter 9.40, these residents
are not entitled to relocation benefits. In addition, both park owners have required these
residents to sign notices waiving their relocation benefits. Staff has requested those signed
waivers. Staff expects the closure of both parks within the next several months.
It has come to the attention of the Community Development Department that some remaining
residents of Twin Palms Park and Palomar Park have the expectation that units in Park Village
Apartments (Civic Center Barrio Housing Corporation) and L Street Apartments (County
Housing Authority) will be saved for them. As a result, these park residents are reluctant to
come to any relocation settlements with the park owners or to arrange for vacation in cases
where they have no relocation rights. It is important to make two points: the first is that these
two low-income apartment projects, for which the City has negotiated priority occupancy for
mobilehome park displacees, will not be available for occupancy for 18 months to two years,
at a minimum; the second is that the priority occupancy status was negotiated to benefit
mobilehome park displacees who are eligible for relocation assistance under Municipal Code
Chapter 9.40--that is, low-income households who were residents at the time of park Closure
Notice. Households who move in after park Closure Notice on a month-to-month basis and have
signed relocation benefit waivers are not viewed by staff as eligible for priority status at those
apartment projects. It is felt that these priority relocation opportunities should be reserved for
households who did not voluntarily move into a temporary housing situation. This, of course,
does not mean that non-eligible residents may not be eligible for occupancy at these low-income
apartment projects, only that they will not receive priority.
~q -1.
Page 3, Item ~
Meeting Date 04/21/92
City's Efforts to Date with Analvsis of Alternative Sites
In 1986 the City purchased 14.3 acres in the Lower Sweetwater Valley from the County of San
Diego for $160,000 with Low- and Moderate-Income Housing Funds. The site was surplus
property originally purchased by the County as part of the Sweetwater Regional Park Master
Plan. The southern half was zoned single-family residential. The northern half was unzoned
and General Plan-designated agricultural. The Agency wished to explore a Relocation
Mobilehome Park as a possible use for the property. In 1988 the Council considered a staff-
recommended Relocation Mobilehome Park/Transitional Housing project for the site proposed
by St. Vincent DePaul under a Negative Declaration. Council called for an Environmental
Impact Report (EIR) on the project and asked staff to explore other sites. That EIR has never
been completed as a result of flaws in the project description, the cost to rectify the EIR flaws,
and neighborhood opposition to the proposed use. The property has been designated as a Special
Study Area in the General Plan and a Work Plan for the Special Study is in draft form.
A Mobilehome Relocation Task Force was charged with exploring other sites for a Relocation
Mobilehome Park or alternatives to a Relocation Mobilehome Park. That committee transitioned
into the Housing Advisory Committee and continued its efforts. Sites were evaluated and
forwarded to the City Council for consideration, but none of the sites were determined to be
feasible alternatives. The sites considered (with analysis) were:
Rios Avenue: This 9.25 acre site is on the east side of Rios Avenue, just north of the Otay
River. It has potential hazardous waste and wetlands issues, and it is currently located in
the City of San Diego.
Rancho del Rey: This 9.4 acre site is off Ridgeback Road, is bisected by a San Diego Gas
& Electric easement, and is currently under development.
Harbor Drive-In: This 12.0 acre site is on the north side of the Sweetwater Flood Control
Channel and State Route 54, but is in the City limits of Chula Vista. The property is
contiguous with 13.0 acres under the same ownership, and is perceived as prime
commercial property due to its exposure to State Route 54 and its potential for expansion
of the National City Mile of Cars. The 12.0 acre parcel sold in 1989 for in excess of
$2,000,000.
Brandywine Avenue: This property, owned by the Chula Vista Elementary School
District, is adjacent to the Omar Rendering site. The Agency's hazardous waste consultant
(TorS tan Environmental Sciences, Inc.) recommends against a housing use on this site due
to contamination issues.
EastLake Greens: This is a 19.1 acre site adjacent to EastLake High School. Although
currently somewhat isolated, ultimate development of the EastLake Village would provide
the necessary proximity to services.
'2:,'1-~
Page 4, Item ~~
Meeting Date 04/21/92
Southwest Corner of Intersection of Otay Lakes Road and Future State Route 125: This
15.0 acre site is on a significant slope, is bordered by San Diego Gas & Electric high
tension lines, and will be somewhat isolated from future services at EastLake Village by
the future development of State Route 125. Noise generated by State Route 125 and Otay
Lakes Road is a development issue.
30th Street and Ede:emere: This 4.43 acre site on the north side of State Route 54 is too
small and is zoned commercial.
Third A venue and Orange A venue: This site on the southwest quadrant of the intersection
is currently being developed with town homes as the Villa Rosa project.
Bonita Road at E Street: This site is currently under construction as a single-family home
development.
The Committee and staff, at City Council's direction, also explored acquisition of an existing
mobilehome park which, through attrition, could become over time a relocation mobilehome
park. Letters were sent to all mobilehome park owners in the City exploring their interest in
selling their parks. Few responses were received, and all of those were negative.
Evaluation of Alternatives
. Develop a Relocation Mobilehome Park
The two significant impediments to developing a Relocation Mobilehome Park are finding
a suitable site and the high cost of such development. As noted above, all potential sites
identified have problems. No site was discovered that could be anticipated to have fewer
drawbacks than the Lower Sweetwater site. The Lower Sweetwater site was recommended
as feasible due to the very low cost of the land and the donation of coaches by Security
Pacific National Bank. The prevailing land costs associated with other sites makes the
development of a new Relocation Mobilehome Park very expensive, more expensive to the
Agency than subsidies required for other types of affordable housing. The per space/unit
cost of a new Relocation Mobilehome Park could be estimated as follows:
Land
(at $300,OOO/acre and 8 dwelling units per acre)
Infrastructure
Development Fees
Mobilehomes (assumes good condition replacement home)"
Foundation
Total
$37,500
12,000
15,000
20,000
10.000
$94,500
. Many of the coaches in the existing parks are not relocateable due to age and condition.
~l\ -I.(
Page 5, Item 3l('
Meeting Date 04/21/92
This $94,500 cost per unit compares, for instance, to the Agency cost of $12,500 per unit
to subsidize the Civic Center Barrio Housing project (Park Village Apartments) for low
and very low income occupancy. Although construction costs per unit can be significantly
less for mobilehome parks, the land costs at 7 to 9 dwelling units per acre compared to
apartments at 15 to 30 dwelling units per acre require major subsidies to accomplish the
mobilehome park at affordable rental levels. Without the double benefits of below market
rate land and donated coaches, a Relocation Mobilehome Park appears to be beyond the
means of the Agency, which no longer has significant reserves in its Low- and Moderate-
Income Housing Fund. At this point other below market rate land has not been identified,
and the coaches offered for donation from Security Pacific are offered exclusively to St.
Vincent DePaul.
. Purchase an Existing Mobilehome Park
This alternative would have the City purchase an eXlstmg mobilehome park, perhaps
through issuance of Mortgage Revenue Bonds, and allow the estimated 10 percent turnover
rate to create spaces for relocatees. In addition to the purchase cost to acquire the park,
the City would have rehabilitation costs for infrastructure and would, in most cases, have
to provide replacement coaches for relocatees. Costs could be as follows:
Acquisition of 100-space park
Rehabilitation
Replacement coaches (say 80 over 10 years)
Total"
$3,000,000
600,000
1. 600.000
$5,200,000
" $52,000 per unit.
Although cheaper than new development, disadvantages are that sufficient rents could not
be charged to service the associated debt, no parks are currently for sale (except Bayscene,
where the residents are attempting to acquire their park), and at 10 percent attrition only
a limited number of spaces are available at anyone time. If a medium or large park were
to apply for conversion/closure, demand at that time would far exceed supply. Debt
service demands and mobilehome park space rent restrictions would not allow the City to
hold spaces vacant in anticipation of mass displacement from closing parks.
. Rezonin!! and Upgrading Existing Parks
This alternative would rezone existing non-mobilehome only parks to mobilehome only or
put a moratorium on park closures. It would preserve this mobilehome residential use on
multi-family or commercial zoned property. Preserving these mobilehome park uses would
require substantial investment in rehabilitation of deteriorated infrastructure in these parks
and rehabilitation or replacement of the many substandard coaches existing in these parks
in order to create an appropriate living environment. The City's Rent Stabilization
'34 - 5
Page 6, Item "3 L/
Meeting Date 04/21/92
Ordinance creates a disincentive for park owners to invest in upgrading those parks due
to the difficulty in passing those costs on to the residents. City investment in such
upgrading would be substantial, not within the Agency's current revenue capabilities, and
potentially not recoverable.
. Other Housing Alternatives
The City has recently subsidized 44 units (Park Village Apartments and L Street Town
Homes) for low- and very low-income families, and in doing so, has required that
displaced mobilehome park residents be given priority. This has turned out to be the most
efficient use of City housing funds; the City has provided grants or loans equal to 10
percent to 20 percent of the development cost and the developers have used such funds to
leverage state and federal subsidies. In such projects, relocatees would be guaranteed
affordable housing levels for many years. The drawbacks are that they would have to give
up the mobilehome park lifestyle that they may prefer and they may not be able to recover
the economic investment they have in the coaches they own. Additionally, the production
of such low-income housing projects may not coincide with the demand created by the
closure of mobilehome parks.
Conclusions and Recommendations
Given the revenue constraints of the Agency, and the lack of strong candidate sites for
developing a Relocation Mobilehome Park, it appears that the most practical response to this
housing displacement issue is the creation of priority occupancy opportunities in assisted-housing
projects. With such an approach, the City will be able to make a reasonable response to this
housing need with a feasible level of investment. This will also allow the City to use available
resources to address its other housing needs, such as large family rentals, affordable housing in
the Eastern Territories, and housing rehabilitation.
FISCAL IMPACT:
The current balance in the Low- and Moderate-Income Housing Fund is $250,000. Estimated
annual income to the fund is approximately $960,000. From that, the Agency funds
administrative costs, housing rehabilitation (which has been approximately $700,000 per year
in recent years), and all other housing assistance. The balance in the Relocation Mobilehome
Park Capital Improvement Project is $700,000.
[C,IWP51ICOUNCIL\l13SIMOBILE-1.RPT]
~l{-'"
1~~#3f
\,
MEMORANDUM
April 17, 1992
TO:
The Honorable Mayor and Council
FROM:
Chris Salomone, Community Development Director
SUBJECT: Attachment to Item #34 (Report - Status of Relocation Mobilehome
Park Effort)
Attached, for your perusal, is the correspondence referred to in the Report as
Attachment A. Said attachment was inadvertently omitted.
},LI- 7
~~r~
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f/
CllY OF
CHUlA VISTA
I
COMMUNITY DEVELOPMENT DEPARTMENT
April 13, .1992
Mr. Roy Muraoka
Muraoka Enterprise, Inc.
1425 Second Avenue
Chula Vista, California 91911
Dear Mr. Muraoka:
This letter is written to communicate to you the current
status of your application to close Palomar Trailer Park.
As you know, Chapter 9.40 of the Chula vista Municipal Code
requires park owners to relocate mobilehomes and trailers
when a mobilehome or trailer park closes. In addition, the
Chapter 9.40.020 also requires travel trailers to be
relocated. For your information, a travel trailer is
defined as a portable unit, mounted on wheels of such a size
and weight as not to require special highway movement
permits when drawn by a motor vehicle. According to
Caltrans, those vehicles 8 1/2 feet wide or less, 14 feet
high or less, and 40 feet or less in length do not require a
special highway movement permit.
According to the information in your application, those who
signed R.V. lease agreements are still entitled to
relocation benefits because they occupy trailer travelers
and because they moved into your Park prior to you
officially noticing closure on April 1, 1989. If you have
any questions regarding this issue, please contact me or the
Assistant city Attorney, Richard Rudolf, at 691-5037.
On January 2, 1992, our Department notified you of
outstanding issues regarding your closure application. In
order to expedite your closure, please provide the
information requested in the above referenced letter as well
as the following information:
1. If any residents have received relocation payments,
evidence such as cancelled checks or escrow documents
must be provided;
2. Copies of Relocation Information Packets that have been
distributed since 9/91;
7~c cj
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619} 691-5047
,
3. Final letters to tenants regarding relocation
assistance;
4. Final relocation plan for all residents including those
who have signed R.V leases;
5. Forwarding addresses for all displaced residents (as
complete as possible);
6. The replacement value of each home. This information
is necessary in order for you to comply with section
9.40.030 B2d of the Chula Vista Municipal Code;
7. Estimated income of each mobilehome or trailer
owner/occupant. This information is necessary in order
for you to comply with section 9.40.030 B2g;
8. Complete resident profiles including all the information
required by section 9.40.030 B 1 & 2. Some of the
Resident Profiles submitted are incomplete. This
information must be collected for all of those who have
signed R. V. Leases;
9. Evidence satisfactory to the Community Development
Director that agreements satisfying the relocation
assistance requirements of Chapter 9.40 have been
offered to eligible mobilehome or trailer
owner/occupants. If tenants eligible for relocation
assistance have moved, you must provide evidence that
they were offered or received relocation assistance.
This requirement includes all those who signed R.V.
Leases and moved into your Park prior to April 1989
whether or not they have moved;
10. Signed copies of "Disclosure of Possible Change of Use"
forms for all residents who moved into the Park after
the Notice of Closure was given. These copies must
include disclosures signed by those residents who moved
into previously relocated tenant's spaces;
If you have any questions or concerns, please contact me at
691-5047.
Sincerely,
~ ~-{J~
Chris Salomone
Community Development Director
(C:\word5\palomar)
_3 ! /)'
CITY OF CHULA VISTA
~~f?
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--
---
OlY OF
CHULA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
April 9, 1992
Mr. Robert Scott
P. O. Box 847
Bonita, California 92002
Dear Mr. Scott:
I have reviewed your application for the closure of Twin
Palms Trailer Park as well as your letter dated March 24,
1992, and the following information must be provided before
closure will be approved:
1. A list of sites offered to residents;
2. Forwarding addresses for all residents (as complete as
possible) ;
3. Signed Relocation Assistance Agreements, copies of
escrow documents, or cancelled checks for all spaces.
This documentation is necessary in order for you to
comply with section 9.40.030 B4 of the Chula Vista
Municipal Code;
4. Signed copies of "Disclosure of Possible Change of Use"
forms for all residents who moved into the Park af~er
the Notice of Closure was given;
5. The replacement value of each home. This information is
necessary ln order for you to comply with Section
9.40.030 B2d of the Chula Vista Municipal Code;
6. The estimated cost of relocation for each home. This
information is necessary in order for you to comply with
Section 9.40.030 B2e of the Chula Vista Municipal Code;
31-)(/
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5047
7. The estimated income of each mobilehome or trailer
owner/occupant. This information is necessary in order
for you to comply with section 9.40.030 B2g; and,
8. Evidence that the "Relocation Package" described in your
application was given to each resident.
If you have any questions or concerns, please contact me at
691-5047.
Sincerely,
~
Chris Salomone
Community Development Director
(A:palms2)
~i-'//
CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ~ S
Meeting Date 4/21/92
Resolution 1~.c:;'l2. Approving first amendment to
agreement with Jones and Roach Inc. providing
appraisal services for various Capital Improvement
Program Projects
SUBMITTED BY:
Director of Public
ci ty Managef
work#,
REVIEWED BY:
(4/sth Vote:
Yes
No
x
)
On November 11, 1991, the City entered into an agreement with a
consultant, Jones and Roach Inc., to provide appraisal services for
Capital Improvement Program (CIP) projects on an "as needed" basis
through October 31, 1992. Because most of our CIP projects were
not far enough along in design to know how much right of way would
be needed during the year, we estimated the amount of expenditures
this fiscal year would be less than $25,000. The City Manager,
therefore, executed the agreement on behalf of the City in
accordance with Sections 2.56.220 and 2.56.230 of the Municipal
Code. The consultants fee was not to exceed $25,000.
Now that our design is further along, we have been able to
determine more accurately the actual number of parcels we will need
to acquire this fiscal year. To date, staff utilized Jones and
Roach Inc. to provide twelve appraisals for a fee of $21,720.
Staff needs to obtain appraisals for at least seventeen (17)
additional parcels that need to be acquired prior to June 30, 1992.
The additional cost of these appraisals will exceed the $25,000 as
approved by the City Manager and authorized by the agreement. The
agreement must be amended which increases the fee so that staff may
contract with Jones and Roach Inc. to provide additional appraisals
for projects currently under design. At the April 7, 1992 Council
meeting, staff was directed to further review these costs.
RECOMMENDATION: That Council adopt resolution approving
amendment to the agreement with Jones and Roach
professional property appraisal services.
the first
Inc. for
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
On August 2, 1991, staff sent a request for proposals to 45 firms
to provide professional property appraisal and/or acquisition
services for the 12 month period between October 1991 and October
1992. By seeking proposals each year for an annual contract with
one firm, staff is assured that we continue to receive quality work
at the most favorable rates with the least amount of administrative
paperwork. The following six firms responded to our request for
proposals:
~S-I
Paqe 2 Item
Meetinq Date 4/21/92
1. Comstock Appraisal Co., Inc.
2. The Lawrence Group
3. Jones & Roach, Inc.
4. The Collins Co.
5. Fraser Engineering, Inc. (Roberts and Roberts being their
appraisers)
6. Kibbey;Samppala GrOUp
The proposals were evaluated and ranked on September 27, 1991. A
three-member panel evaluated the proposals based on the firm's
ability to perform the work, experience, and cost. A panel which
consisted of two Senior civil Engineers in the Department of Public
Works and a Community Development Specialist from the Community
Development Department, reviewed the initial six proposals, and
chose to hold interviews with four of the firms which were held on
Friday, October 11, 1991.
Based on the proposal and the interviews, the panel chose the firm
of Jones & Roach, Inc. to provide property appraisal services. The
panel believed that Jones & Roach made the best presentation at the
interview and that their fee schedule was reasonable. In addition,
they have 5 MAl appraisers on staff and their work schedule was
such that their turn around time fulfilled the City's requirement
of a four to six week period for receipt of the final appraisal
report. Also, they have extensive municipal experience, being on
contract with the City of Oceanside as that City I S exclusive
appraisers. Further, Ryals and Associates, the firm contracted by
Chula vista to do our property negotiations, has worked with Jones
& Roach and indicated that Jones & Roach provides very
comprehensive appraisal reports requiring very little, if any,
follow up work for additional data during the negotiation process.
During FY 1990-91, the City paid $3,150 to
Services, Inc. for services on two projects.
to put in a proposal for FY 1991-92.
Blackstone Appraisal
Blackstone chose not
Since we could not accurately predict how many parcels would need
to be acquired, we estimated that the expenditures would be less
than $25,000 and, therfore, the City Manager approved the contract.
The contract with Jones & Roach is based on an hourly fee for each
appraisal, and is not dependent upon the amount budgeted. Before
any work is authorized on any appraisals, staff first supplies
Jones & Roach with a legal description, plat map and preliminary
title report of the property to be acquired. Jones & Roach then
reviews the request and prepares an estimate of the cost to perform
an appraisal. Staff reviews the estimate, and, if it appears
reasonable, authorizes Jones and Roach to proceed. Even though the
contract is written for a specified amount, that amount is only a
maximum contract level and Jones & Roach can only charge the City
for work authorized for specific projects.
The Engineering Division of the Public Works Department has five
projects for which final construction plans, specifications and
~t;;~ ;L.
Page 3 Item
Meeting Date 4/21/92
cost estimates are being prepared which will require the
acquisition of right-of-way. It is the goal to advertise these
projects for bids prior to June 30, 1992. Rights-of-Way need to be
acquired for these projects which affect 28 separate parcels of
land.
Jones and Roach Inc.
appraisal reports for
cost of $21,720.00:
to date have been contracted to provide
twelve of these parcels at a not to exceed
Oxford street storm Drain - 1 easement
Crested Butte storm Drain - 1 easement
Otay Valley Road widening - 3 easements
Broadway "L" to Naples - 7 parcels (fee)
$ 1,020
1,725
1,950
$17.025
$21,720
The first three projects were for the acquisition of easements
only. staff has discussed the wide variation in appraisal costs
with Jones & Roach. Basically, the cost of the appraisal is based
on the complexity of the take, whether improvements are to be
acquired, other easements exist over the same area and potential
severance damages. In the case of the Broadway project, there were
some acquisitions of a fairly complex nature. For example, one
take is from a gas station which affects a pump island. These
appraisals were more time consuming to prepare.
Our April 7, 1992 agenda statement indicated that the City needs to
obtain appraisals and purchase an estimated sixteen parcels for the
widening of Broadway from "F" to "I" streets. Since that item was
written, our design has progressed to the point that we now know
that we do not need at least two of those parcels; field conditions
are such that the project can be constructed without them. The
acquisition of these remaining parcels will provide the right of
way for ultimate curb returns at the street intersections. As the
design progresses, we ar~ looking at each location more in depth to
determine if we can eliminate any of the right-of-way acquisition
by reducing the corner curb radius, or through other means. Design
is progressing as a high priority project, since this phase of
Broadway is in the second cycle for S. B. 300 funds. In order to
obtain S. B. 300 reimbursement from the state, the project needs to
be awarded by June 30, 1992. The right of way needs to be acquired
before the contract can be awarded.
Engineering Division also needs to obtain an appraisal report for
the sale of excess right of way on Beyer Way and the Community
Development Department has indicated that they may need additional
appraisals for two of the three parcels along Otay Valley Road.
Staff contacted Jones & Roach about providing a better estimate on
the above projects. Because we are unable to provide them with a
legal description, plat and preliminary title report, they did not
feel they could give a better cost estimate at this time.
Therefore, based on the work already completed this fiscal year,
staff has made the following estimates of expenditures for
appraisal services for the remainder of this fiscal year:
~s -3
Page 4 Item
Meeting Date 4/21/92
PROJECT
Broadway-"F"/"I"
Beyer Way Excess R/W
otay Valley Road
Subtotal
Current Projects
Total Amended Contract
Acauisition
14 Parcels
1 Parcel
3 Parcels
Amount
$34,680
1,600
8.000
44,280
21. 720
$66,000
Since we were unable to determine the complexity of the takes at
this time, The estimate for Broadway from "F" to "I" Streets was
arrived at by doubling the cost of the appraisals on Broadway from
"L" to Naples since there are expected to be twice the number of
parcels. Based on the fact that there are so many parcels with
similar characteristics, staff would expect an actual proposal to
be less than the above amount. No work would be authorized,
however, until we receive a specific proposal that is acceptable.
Using the amounts indicated above, staff is recommending that the
Jones and Roach contract be increased from $25,000 to $66,000. As
discussed, this amount is not a authorization to spend, but a
contractual maximum limit. The Director of Public Works must still
approve each individual appraisal job before any work can be done.
The cost of the appraisal reports is charged against the
appropriate CIP budgeted project, or in the case of the sale of
excess right-of-way, will be included as part of the sale price.
Staff issues purchase orders for each project as appraisal services
are required. Fees for appraisal services are negotiated
individually for the hours to prepare the appraisal based on the
fee schedule included in the agreement. Compensation for services
provided under this first amendment to the agreement shall not
exceed a total of $66,000 for appraisal services.
This contract amendment will allow staff to proceed with project
designs in a timely manner. City staff does not currently have the
expertise to provide appraisal services. At this point, we cannot
accurately predict the amount of appraisal work required during
next fiscal year. However, based on the current fiscal year
appraisal activity, which has been greater than any of the last
three to five years, we do not generate sufficient activity to add
a staff position to the budget. As a result of our review of next
year's proposed CIP budget, we do not expect an increase in the
level of appraisal activity above that of this fiscal year. When
this is determined staff will return to Council with a second
amendment to the agreement to increase the expendi ture
authorization to cover next fiscal year's activity if that action
is appropriate.
Fiscal Impact:
Funds not in excess of a total of $66,000 will be encumbered from
individual project accounts as services are required. To date, we
have contracted for $21,720 in appraisal services with Jones and
Roach Inc.
FILE: KY-178
KJG:SBfA-113SIIONES.RCH
011692
~c:;,'-J
RESOLUTION NO.
/t.5?,;<
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH JONES AND ROACH INC. PROVIDING
APPRAISAL SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, on November 11, 1991, the City entered into an
agreement with Jones and Roach Inc. to provide appraisal services
for Capital Improvement Program (CIP) projects on an "as needed"
basis through October 31, 1992; and
WHEREAS, in accordance with the approved agreement, the
consultants fee was not to exceed $25,000; and
WHEREAS, to date, staff has contracted with Jones and
Roach Inc. to provide twelve appraisals for a not to exceed fee of
$21,720; and
WHEREAS, staff needs to obtain appraisals for at least 17
additional parcels that need to be acquired prior to June 30, 1992;
and
WHEREAS, the additional cost of these appraisals will
e~ceed the $25,000 as approved by the city manager and authorized
by the agreement; and
WHEREAS, the agreement must be amended to increase the
fees to a not to exceed of $75,000 so that staff may contract with
Jones and Roach Inc. to provide additional appraisals for projects
currently under design.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the First Amendment to
Agreement with Jones and Roach Inc. providing appraisal services
for various Capital Improvement Program Projects, a copy of which
is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula ista.
orm by
Presented by
John P. Lippitt, Director of
Public Works
C:\n\rot.ch
YBruce M.
Attorney
I
Boogaar , Clty
t~-.5
-
COUNCIL AGENDA STATEMENT
Item 2>"
Date 4/21/92
ITEM TITLE:
Resolution ) Ice; .,~ Determining Caves Bid A is Non-
Responsive; Accepting Caves Bid B as the lowest
responsible bidder; re-appropriating funds; and
awarding contract for "Fifth Avenue Improvements
between Naples street and Orange Avenue in the city
of Chula Vista, CA"; and reserving the right to
reject all oti bids
City Attorney
Director of P ic Works Ifflt
City Manager;j
t/
(4/5ths Vote: Yes~No__)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on March 4, 1992, in Conference Room 1 in the Public
Services Building, the Director of Public Works received sealed
bids for street improvement work identified in the bid
specifications: "Fifth Avenue Improvements between Naples street
and Orange Avenue in the City of Chula vista, CA".
18 bids were received from 9 separate contractors each of which
submitted two alternate bids: one based on the premise that they
would have to pay their labor prevailing wages and one on the
premise that they would not have to pay such wage scale.
The lowest bid, a non-prevailing wage bid, was a bid submission for
from Caves, Inc. for the purposes of complying with the bid
specifications of submitting a mandatory non-prevailing wage bid,.
but was defective in a manner that should not, in the opinion of
the city Attorney, permit waiver of defects.
Therefore, it is staff's:
RECOMMENDATION: That council adopt the attached resolution which
will achieve the following:
1. Deem that Caves Inc. Bid A was a sufficient bid for the
purposes complying with the mandatory bid sUbmission
requirements of bid specifications, but that it was materially
non-responsive for the purposes of accepting same in a manner
that may not be waived, and same is rejected.
2. Accept Caves Inc. Bid B as responsive and direct the Mayor to
execute a contract with Caves Inc. on the basis of Bid Alter-
native B, a prevailing wage bid, in the amount of $896,806.00,
as the lowest responsible bidder within 30 days after passage
and adoption.
~b-(
Page 2, Item
Meeting Date 4/21/92
3. Resolve that if the contract or proposed contract is set aside
as a result of litigation, council reserves the option to
reject all bids and to rebid or defer construction of the
project.
4. Create a new CIP Budget Project account identified as the
"Fifth Avenue, Naples to Orange Avenue Improvements";
reappropriate all unencumbered funds in the CIP Budget
Projects referred to as the "Fifth Avenue, Naples to Oxford,
street Improvements" of $221,718.33, and "Fifth Avenue, Oxford
to Orange, street Improvements" of $583,759.07 to the "Fifth
Avenue, Naples to Orange Avenue, Improvements" account,
reappropriate $255,022.60 from the CIP Budget Project called
"Broadway, F to I Improvement Reconstruct Project" to the
newly created Fifth Avenue, Naples to Orange Avenue
Improvements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Description of Work.
A general description of the work to be done is as follows:
removal and disposal of existing improvements; excavation and
grading; asphalt concrete paving; place processed miscellaneous
base; installing curb and gutter, sidewalk, cross gutter; pro-
tection and restoration of existing improvements; construct and
install the following improvements: driveways, pedestrian ramps,
sewers laterals, survey monuments, various drainage structures,
drainage pipe, street lighting, masonry walls, stairs, chain link
fencing, pedestal mail boxes; relocation of traffic signal;
provide traffic control; and other miscellaneous work shown on the
plans.
Bid Results.
Under the request for bids, the contractor was required to bid
on Alternate A and was encouraged but not required to bid on
Alternate B. Alternate A provides that a contractor shall not be
required by the bid specifications to pay prevailing wage
("non-prevailing wage rates") to persons employed by them for work
under this contract. Alternate B requires the contractor to pay
the general prevailing wage rates.
The following is a summary of the 18 bids received from the 9
contractors ranked in order of lowest price first:
1.
2.
3.
Caves, Inc.-San Diego, Alternative A:
Caves, Inc.-San Diego, Alternative B
Southland Paving-Escondido, Alternative A
$167.385.00
$896,806.00
$925,250.50
~I..-l
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Page 3, Item
Meeting Date 4/21/92
Superior Ready Mix Concrete L.P.-San Diego,
Alternative A
Erreca's Inc.-Spring Valley, Alternative A
Erreca's Inc.-Spring Valley, Alternative B
T.B. Penick & Sons, Inc.-San Diego,
Alternative A
Superior Ready Mix Concrete L.P.-San Diego,
Alternative B
Southland Paving-Escondido, Alternative B
Carolyn E. Scheidel-Contractor-La Mesa,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative B
L.R. Hubbard Construction Co.-San Diego,
Inc., Alternative A
RLF, Inc.-San Diego, Alternative A
RLF, Inc.-San Diego, Alternative B
Carolyn E. SCheidel-Contractor,La Mesa,
Alternative B
T.B. Penick & Sons, Inc.-San Diego,
Alternative B
L.R. Hubbard Construction Co., Inc.-San Diego,
Alternative B
Re;ection of Lowest Submitted Bid:
$936,420.00
$953,002.00
$953,002.00
$971,153.00
$972,926.80
$979,187.75
$996,699.00
$1,016,007.20
$1,016,007.20
$1,022,547.04
$1,062,080.60
$1,062,080.60
$1,070,530.00
$1,110,657.00
$1,172,319.94
The Caves, Inc. Alternative Bid A, a copy of which is attached
as Exhibit A, has three irregularities as listed below, which the
Council needs to determine are either "waivable" or not.
The standard that the city Attorney's Office proposes for use
in the rejection of non-responsive bids is whether the error or
omission would give the lower bidder a material advantage in the
bidding process not available to the other bidders. Menefee v.
Countv of Fresno (1985) 163 Cal.App.3d 1175, 210 Cal.Rptr. 99; 47
Oos.Ca1.Attv.Gen. 129, 130-31.
1. The first irregularity is in regard to Caves Bid A and B.
They did not list the addresses of their subcontractors
on the Designation of Subcontractors. Attached as
Exhibit B is a copy of the Designation of Subcontractors
form submitted with the bid and that subsequently
provided by Caves Construction. The City is familiar
with the proposed subcontractors, and their addresses.
The addresses have subsequently been provided as shown on
Exhibit C, and their absence from the form is not
considered significant. Caves was not materially
advantaged by this irregularity. It is recommended that
the Council waive this omission as an insignificant
deviation from the bid specifications.
;t..~3
Page 4, rtem
Meeting Date 4/21/92
2. The second irregularity is in regard to Caves Bid A and
B. They did not provide adequate information on the dis-
closure statement, a City required form (a copy of which
is attached as Exhibit D) designed to alert the Council
and the public as to possible conflicts of interest. All
information has subsequently provided after bid opening
but prior to consideration by the City Council. A copy
of the complete disclosure statement is attached as
Exhibit E. Caves was not materially advantaged by this
irregularity. It is recommended that the Council waive
this omission as an insignificant deviation from the bid
specifications.
3. The third irregularity applies to Caves Bid A. The
actual bid documents submitted by Caves included only 2
of 7 pages, and accumulated a grand total of only 6 bid
items out of 71 bid items requested. The items on which
they bid would not produce the project we specified to be
built. Subsequent to the bid opening, Caves explained
the variation by their letter of March 6, 1992, a copy of
which is attached as Exhibit F.
Contention No.1. Caves contends the city induced
the misunderstanding by only submitting the two
pages on which he bid for Alternative A. However
we feel the bid instructions were clear and no
other bidder was similarly confused.
Contention No.2. Caves contends that their
interpretation of their Bid A proposal was to
assume that bid items 4 through 68 were to be
incorporated from their Alternate B Bid at their
same price and quantity. However, there was no
pre-opening provision to that effect that would
have legally obligated them to that bid amount. The
only explanation is in their post bid opening
letter of March 6, 1992, explaining their position.
Unfortunately, this intent is not indicated on the
bid itself. By accepting Caves' explanation, the
city would be giving it an unfair advantage. Caves
had the option of leaving its bid non-responsive,
thereby escaping its bid and bid bond or responding
as it did, that it intended to incorporate the
terms in Alternative B. This benefit was not
provided to the other bidders and certainly
affected the amount of Caves' Alternative A bid,
which by itself was only $167,385.00.Y
1. We have also received vehement opposition to the award of the
bid to Caves on the basis of this material omission from a higher
(continued... )
~L.-~
Page 5, :Item
Meeting Date 4/21/92
Caves' Al ternati ve A bid only included a bid for items 1
through 3 and 69 through 71. The unit bid for items 4 through 68
were included in Caves' Alternative B bid, but not in its
Alternative A bid. Caves Alternative B bid included the items
missing in Caves Alternative A bid.
In sum, Caves' A Bid was a bid on a completely different
project than what the city specified. While the misunderstanding
is clarified by the post-opening letter from Caves, Caves was not
required to submit that letter, and had they not, they would
probably have been able to escape liability under the contract as
a material mistake of fact known to the other contracting party.
Hence, they had effectively reserved for themselves the option to
proceed or not to proceed on the basis of their low bid, an option
they could have exercised on the basis of how much money they "left
on the table".
Hence, it is the opinion of the City Attorney that the third
irregularity is a material deviation from the bid specifications
that is incapable of waiver, and is recommended for rejection on
this basis.
Award on Basis of Next Lowest Responsive Bid.
However, Caves' Alternative B, a prevailing wage bid, is the
next lowest bid, which meets the bid requirements. Therefore, it
is recommended that the Council accept Caves' Alternative B bid and
waive the remaining irregularities.
The prevailinq Waqe Issue.
Payment of the prevailing wage is a complex legal issue. In
order to maximize flexibility and to comply fully with the law, the
city requested two sets of bids, one without payment of the
prevailing wage and one with. After extensive research, the City
Attorney has determined that the City is not required to pay the
prevailing wage on this project. A copy of his memorandum is
attached.
This issue is moot, however, if the Council accepts Caves'
Alternate B bid, which requires payment of the prevailing wage.
The record should be made clear that prevailing wage is being paid
in connection with this project only because it is the lowest
responsive bid, not because it is legally required.
1. ( . . . continued)
bidder. See the letter dated March 10, 1992, Exhibit G, from
Erreca's, Inc. to the City indicating they felt that Caves bid was
a non-responsive bid.
~ t,- "5
Page 6, Item
Meeting Date 4/21/92
Disadvantaqed Business Enterprises Goal
The bid documents for this project required the contractor to
have disadvantaged business enterprises perform 15% of the work or
show a good faith effort by the contractor to solicit such
participation. Caves, Inc. did not meet this goal. However, staff
has reviewed their good faith effort in regards to meeting the
goal. Attached as Exhibit H is a memo from David Harris, Community
Development Specialist, regarding his review of Caves Inc. effort
to meet the DBE participation requirements for the Fifth Avenue
Street Improvements. His conclusion is that Caves Construction
made a good faith effort to solicit DBE participation and
therefore, has complied with CalTrans DBE policy.
Comparison to Enqineer's Estimate.
The low bid by Caves Construction for Alternate B is below the
Engineer's estimate of $1,281,071 by $384,265, or 30%. Due to the
economic conditions in the San Diego area, staff is continuing to
receive excellent bids on our public works projects. We have
reviewed this low bid and recommend awarding the contract to Caves
Construction.
Disclosure Statement
Attached is a copy of the Contractor's disclosure statement.
FINANCIAL STATEMENT:
Funds Required for Construction
A.
B.
C.
D.
E.
Contract Amount
Staff (design & inspection)
Material Testing
Relocation of Water Facilities
contingencies (approx. 10%)
$ 896,806.00
43,000.00
20,000.00
14,000.00
86.694.00
Total Funds For Construction
$1,060,500.00
Funds Available for Construction
A.
B.
C.
Fifth Ave., Orange to Oxford st. Improvements
Fifth Ave., Naples to Oxford st. Improvements
Funds Reappropriated from Broadway, F to I st.
Improvement Reconstruct to Fifth Ave.,
Naples to Orange Avenue Improvement Account
$ 583,759.07
221,718.33
255.022.60
Total Funds for Construction
$1,060,500.00
'3".10
Page 7, Item
Meeting Date 4/21/92
FISCAL IMPACT:
$1,060,500.00, already budgeted in the CIP Budget in three
existing accounts:
1. Fifth Avenue, Orange to Oxford
2. Fifth Avenue, Oxford to Naples
J. Broadway, F to I street
This project was budgeted in the CIP Budget as two separate
projects, but let out to bid as a single project in order to attain
econom1es of scale in the design and administration, and in the
relocation of utilities. Also, we tend to get lower bid prices
from larger combined projects because the contractor can realize
economies of scale.
However, the CIP budget in the two separate Fifth Avenue
projects (1 and 2 above) was insufficient because funds were
transferred therefrom for other projects (these transfers were
previously approved by the Council).
Therefore, we propose to reappropriate the $255,022.60 from
the Broadway, F to I street Reconstruct Project. A preliminary
cost estimate of the Broadway, F to I, Project has indicated that
there will be adequate funds to permit completion of same.
All funds used for this Project will come from the Trans Net
Funding program financed by the Proposition A, 1/2 cent sales tax.
BMB:SB/A.113SIW AGESl1.WP
041692
3'--{ / 3' - rJ
RESOLUTION NO. \ \e.'51~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING CAVES BID A IS NON-
RESPONSIVE; ACCEPTING CAVES BID B AS THE
LOWEST RESPONSIBLE BIDDER; RE-APPROPRIATING
FUNDS; AND AWARDING CONTRACT FOR "FIFTH AVENUE
IMPROVEMENTS BETWEEN NAPLES STREET AND ORANGE
AVENUE IN THE CITY OF CHULA VISTA, CA"; AND
RESERVING THE RIGHT TO REJECT ALL OTHER BIDS
WHEREAS, at 2:00 p.m. on March 4, 1992, in Conference
Room 1 in the Public Services Building, the Director of Public
Works received sealed bids for street improvement work identified
in the bid specifications: "Fifth Avenue Improvements between
Naples Street and Orange Avenue in the City of Chula Vista, CA";
and
WHEREAS, 18 bids were received from 9 separate
contractors each of which submitted two alternate bids: one based
on the premise that they would have to pay their labor prevailing
wages and one on the premise that they would not have to pay such
wage scale, as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Caves, Inc.-San Diego, Alternative A:
Caves, Inc.-San Diego, Alternative B
Southland Paving-Escondido, Alternative A
Superior Ready Mix Concrete L.P.-San Diego,
Alternative A
Erreca's Inc.-Spring Valley, Alternative A
Erreca's Inc.-Spring Valley, Alternative B
T.B. Penick & Sons, Inc.-San Diego,
Alternative A
Superior Ready Mix Concrete L.P.-San Diego,
Alternative B
Southland Paving-Escondido, Alternative B
Carolyn E. Scheidel-Contractor-La Mesa,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative B
L.R. Hubbard Construction Co.-San Diego,
Inc., Alternative A
RLF, Inc.-San Diego, Alternative A
RLF, Inc.-San Diego, Alternative B
Carolyn E. Scheidel-Contractor, La Mesa,
Alternative B
T.B. Penick & Sons, Inc.-San Diego,
Alternative B
L.R. Hubbard Construction co., Inc.-San Diego,
Alternative B
1
,?>b-q
$167.385.00
$896,806.00
$925,250.50
$936,420.00
$953,002.00
$953,002.00
$971,153.00
$972,926.80
$979,187.75
$996,699.00
$1,016,007.20
$1,016,007.20
$1,022,547.04
$1,062,080.60
$1,062,080.60
$1,070,530.00
$1,110,657.00
$1,172,319.94
WHEREAS, the lowest bid, a non-prevailing wage bid, was
a bid submission for from Caves, Inc. for the purposes of complying
with the bid specifications of submitting a mandatory non-
prevailing wage bid, but was defective in a manner that should not,
in the opinion of the city Attorney, permit waiver of defects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby deem that Caves Inc. Bid A was
a sufficient bid for the purposes complying with the mandatory bid
submission requirements of bid specifications, but that it was
materially non-responsive for the purposes of accepting same in a
manner that may not be waived, and same is rejected.
BE IT FURTHER RESOLVED that the city Council does hereby
accept Caves Inc. Bid B as responsive and direct the Mayor to
execute a contract with Caves Inc. on the basis of Bid Alternative
B, a prevailing wage bid, in the amount of $896,806.00, as the
lowest responsible bidder within 30 days after passage and
adoption.
BE IT FURTHER RESOLVED that if the contract or proposed
contract is set aside as a result of litigation, Council reserves
the option to reject all bids and to rebid or defer construction of
the project.
BE IT FURTHER RESOLVED that the City Council does hereby
create a new CIP Budget Project account identified as the "Fifth
Avenue, Naples to Orange Avenue Improvements"; reappropriate all
unencumbered funds in the CIP Budget Projects referred to as the
"Fifth Avenue, Naples to Oxford, Street Improvements" of
$221,718.33, and "Fifth Avenue, Oxford to Orange, Street
Improvements" of $583,759.07 to the "Fifth Avenue, Naples to Orange
Avenue, Improvements" account, reappropriate $255,022.60 from the
CIP Budget Project called "Broadway, F to I Improvement Reconstruct
Project" to the newly created Fifth Avenue, Naples to Orange Avenue
Improvements.
John P. Lippitt, Director of
Public Works
rm by
Presented by
C:\rs\cavea
2
:'1. -It:>
RESOLUTION NO.
I C:, c-,- 7 Co
L + e, r'l '~Co
AfffWtJ ~._t1-?1.
WHEREAS, at 2:00 p.m. on March 4, 1992, in Conference
Room 1 in the Public Services Building, the Director of Public
Works received sealed bids for street improvement work identified
in the bid specifications: "Fifth Avenue Improvements between
Naples Street and Orange Avenue in the city of Chula Vista, CAli;
and
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING CAVES BID A IS NON-
RESPONSIVE; ACCEPTING CAVES BID B AS THE
LOWEST RESPONSIBLE BIDDER; RE-APPROPRIATING
FUNDS; AND AWARDING CONTRACT FOR "FIFTH AVENUE
IMPROVEMENTS BETWEEN NAPLES STREET AND ORANGE
AVENUE IN THE CITY OF CHULA VISTA, CA"; AND
RESERVING THE RIGHT TO REJECT ALL OTHER BIDS
WHEREAS, 18 bids were received from 9 separate
contractors each of which submitted two alternate bids: one based
on the premise that they would have to pay their labor prevailing
wages and one on the premise that they would not have to pay such
wage scale, as follows:
1.
2 .
3 .
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Caves, Inc.-San Diego, Alternative A:
Caves, Inc.-San Diego, Alternative B
Southland Paving-Escondido, Alternative A
Superior Ready Mix Concrete L.P.-San Diego,
Alternative A
Erreca's Inc.-Spring Valley, Alternative A
Erreca's Inc.-Spring Valley, Alternative B
T.B. Penick & Sons, InC.-San Diego,
Alternative A
Superior Ready Mix Concrete L.P.-San Diego,
Alternative B
Southland Paving-Escondido, Alternative B
Carolyn E. Scheidel-Contractor-La Mesa,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative A
R.E. Hazard Contracting Co.-San Diego,
Alternative B
L.R. Hubbard Construction Co.-San Diego,
Inc., Alternative A
RLF, Inc.-San Diego, Alternative A
RLF, InC.-San Diego, Alternative B
Carolyn E. Scheidel-contractor, La Mesa,
Alternative B
T.B. Penick & Sons, InC.-San Diego,
Alternative B
L.R. Hubbard Construction Co., Inc.-San Diego,
Alternative B
1
3'-/1
$167.385.00
$896,806.00
$925,250.50
$936,420.00
$953,002.00
$953,002.00
$971,153.00
$972,926.80
$979,187.75
$996,699.00
$1,016,007.20
$1,016,007.20
$1,022,547.04
$1,062,080.60
$1,062,080.60
$1,070,530.00
$1,110,657.00
$1,172,319.94
WHEREAS, the lowest bid, a non-prevailing wage bid, was
a bid submission for from Caves, Inc. for the purposes of complying
with the bid specifications of submitting a mandatory non-
prevailing wage bid, but was defective in a manner that should not,
in the opinion of the city Attorney, permit waiver of defects.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby deem that Caves Inc. Bid A was
a sufficient bid for the purposes complying with the mandatory bid
submission requirements of bid specifications, but that it was
materially non-responsive for the purposes of accepting same in a
manner that may not be waived, and same is rejected.
BE IT FURTHER RESOLVED that the city Council does hereby
conditional Iv accept Caves Inc. Bid B as responsive and direct the
Mayor to execute a contract with Caves Inc. on the basis of Bid
Alternative B, a prevailing wage bid, in the amount of $896,806.00,
as the lowest responsible bidder. the condition of this acceptance.
direction and resolve beinq that a writ. iniunction. stav or other
order is not issued bv a court of competent iurisdiction within 30
days after passage and adoption. constraininq the citv to the
contrarv.
BE IT FURTHER RESOLVED that if the contract or proposed
contract is set aside as a result of litigation, Council reserves
the option to reject all bids and to rebid or defer construction of
the project.
BE IT FURTHER RESOLVED that the City Council does hereby
create a new CIP Budget project account identified as the "Fifth
Avenue, Naples to Orange Avenue Improvements"; reappropriate all
unencumbered funds in the CIP Budget Projects referred to as the
"Fifth Avenue, Naples to Oxford, Street Improvements" of
$221,718.33, and "Fifth Avenue, Oxford to Orange, Street
Improvements" of $583,759.07 to the "Fifth Avenue, Naples to Orange
Avenue, Improvements" account, reappropriate $255,022.60 from the
CIP Budget Project called "Broadway, F to I Improvement Reconstruct
Project" to the newly created Fifth Avenue, Naples to Orange Avenue
Improvements.
Presented by
/-
;~:d
'Bruce M. Booga
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\cavesl.wp
I
2
3'-/~
EX H IBIT ~'
J~3b
File # AO-050
# AO-066
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE
IN THE CITY OF CHULA VISTA, CA
February 6, 1992
ADDENDUM #1
Item 1
The following changes are hereby effective as though issued with the bid package:
Changes to Soecifications -
Add additional Section 2-36, Disadvantaged Business, to the Specifications. The attached
Bidder's DBE form must also be completed and submitted with the bid.
ACKNOWLEDGED BY:
--
THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH THE BID.
AC:cmf
(C\CONTRACT\FIFAD1,CON)
.
R~C~/VfD
FE8 - 1
1992 ;12-
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2-36 DISADVANTAGED BUSINESS
This project is subject to Part 23, Title 49, Code of Federal Regulations (CFR) entitled
"Participation by Minority Business Enterprise in Department ofTransportation Programs."
The Regulations in their entirety are incorporated herein by this reference.
Prime contractors, who are certified DBE's, shall be given no credit on their own
account toward meeting the project DBE goal. To be eligible for award, DBE
prime contractors will have to meet the DBE goal using sub- contractors, or make
a good faith effort to do so.
Bidders shall be fully informed regarding the requirements of the Regulations and Caltrans
Disadvantaged business (DBE) program developed pursuant to the Regulations.
Particular attention is directed to the following matters:
(a) A DBE must be a small business concern as defined pursuant to Section 3 of U.S.
Small Business Act and relevant regulations published pursuant thereto;
(b) A DBE bidder, not bidding as a joint venture with a non-DBE, will be required to
meet the DBE goal through subcontracting or material purchases or make good
faith effort to do so. The DBE bidders will not receive credit toward the DBE goal
because of their own status.
(c) A DBE may participate as a subcontractor, joint venture partner with a prime or
subcontractor, or as a vendor of material or supplies;
(d) A DBE joint venture partner must be responsible for a clearly defined portion of the
work to be performed, in addition to satisfying requirements for ownership and
control. The DBE joint venturer must submit either Schedule B of the Regulations
or California Department of Transportation Form CR5A, "Information for
Determining Disadvantaged Business and Woman Owned Business Enterprise
Joint Venture Eligibility", for consideration of eligibility;
(e) A DBE must perform a commercially useful function, i.e., must be responsible for
the execution of a distinct element of the work and must carry out its responsibility
by actually performing, managing and supervising the work;
(f) Credit for a DBE vendor of materials or supplies is limited to 60 percent of the
amount to be paid to the vendor for the material unless the vendor manufactures
or substantially alters the goods;
(g) Credit for trucking by DBE's will be as follows:
Credit for trucking by DBE truckers will be for the amount to be paid to the
DBE truckers.
"} I
~) IC'?
. J ...:
/
In the case of DBE trucking brokers, on Local Agency administered
contracts, 100 percent credit will be given-for the amount to be paid to the
DBE broker regardless of the DBE status of truckers used.
(h) A DBE must be a certified DBE with the California Decartment of Transportation
on the date bids for the oroiect are ocened. before credit may be allowed toward
the DBE ooal. The Department's DBE Directory may be obtained from the
Department of Transportation, Plans and Bid Documents, Room 39, Transportation
Building, 1120 N Street, P.O. Box 942874, Sacramento, California 94274-0001
(Phone (916)445-3325). It is also available at the office of the Department of
Transportation in the District in which the work is located, and the Agency which
is administering this project;
(i) Noncompliance by the Contractor with the requirements of the regulations
constitutes a breach of this contract and may result in termination of the contract
or other appropriate remedy;
G) Bidders are encouraged to utilize services offered by banks owned and controlled
by DBE's.
DBE GOAL FOR THIS PROJECT.
The City has established the following goal for Disadvantaged Business (DBE)
participation for this project.
Disadvantaged business (DBE) ~ percent
It is the bidder's responsibility to offer a sufficient portion of the work to DBE
subcontractors and suppliers; and to select those portions consistent with the available
DBE subcontractors and suppliers, so as to assure meeting the above listed project goal.
SUBMISSION OF DBE INFORMATION
The names of certified DBE subcontractors and suppliers whom the bidder is using to
meet the contract DBE goal, shall be submitted with the bid on the "BIDDER'S DBE
INFORMATION" form included in the Bid Documents. When less than an entire item is
to be performed or furnished by the DBE, list the exact portion and location of the work
the DBE will do. All second tier DBE subcontractors and suppliers shall be listed if used
to meet the project DBE goal.
It is the bidder's responsibility to meet the goal for DBE participation, or to provide
information to establish that the bidder made good faith efforts to do so. DBE goal
commitments and good faith efforts must be made prior to bidding. DBE goal
commitments and good faith efforts made after the bid opening will not be considered for
award of the contract. Good faith efforts are outlined below:
'( t - / ?
~/
DBE INFORMATION
The apparent successful bidder (low bidder) and the second low bidder shall submit good
faith effort information to the City, so that the material is received by the City no later than
close of business on Friday of the week following the bid opening. Except that,
information sent by certified mail and postmarked on or before Wednesday of the week
following bid opening will be accepted even if it is received late.
Failure to submit the required DBE information by the time specified, will be grounds for
finding the bid or the proposal non- responsive.
Other bidders need not submit DBE good faith effort information unless requested to do
so by the City. When such request is made, the information shall be submitted within 5
days, unless a later time is authorized by the City.
The bidder shall submit information to establish that good faith efforts were made prior
to the bid opening. Failure to submit data that substantiates that goals were met, or that
a good faith effort was made, prior to bidding, will be grounds for rejecting a bidder's
proposal.
Bidders are cautioned that even though their proposal shows they will meet the stated
DBE goal, they should also submit their good faith effort information. This will protect
their eligibility for award of the contract in the event that the City, in its review, finds that
the goal has not been met.
Good Faith Effort -- The following will be considered as efforts the bidder should include
to establish good faith to meet the DBE goal:
A. Submittals: Was the list of DBE subs/suppliers submitted with the bid proposal?
Did the low bidder and second low bidder submit their good faith effort
information within the time limit specified, and was the good faith effort made prior
to the bid opening?
B. Prebid: Attendance at the prebid meeting; OR, if unable to attend, did the bidder
request any DBE information that was available at the prebid?
C. Advertisement: The names, and dates of advertisement, of each newspaper,
trade paper, and minority-focus paper in which a request for DBE participation
for this project was placed by the bidder. The date of advertisement will show
if a DBE had reasonable time to prepare a subbid or quote.
D. Written Notices: The names, and dates of notices, of all certified DBEs solicited
by direct mail for this project; and, the dates and methods used for following up
initial solicitations to determine, with certainty, whether the DBEs were interested.
The date of notice will show if the DBE had reasonable time to prepare a subbid
or quote.
--" / ' /-;;
;, ~~-'
Notices should list the specific item(s) and quantity for which the particular DBE
is asked for a quote. Special conditions (if any), the bonding requirements, and
a point of contact should be included.
E Work Made Available: The items of work for which the bidder requested subbids
or material quotes by DBEs. The information furnished interested DBEs in the
way of plans, specifications and work requirements. A breakdown of items into
economically feasible units to aid DBE participation may be necessary. Where
there are DBEs available for doing some of the work normally performed by the
bidder's own forces, the bidder will be expected to make portions of such work
available for DBE subbids, if needed to meet the project goal.
F. Negotiations: The names of DBEs who submitted bids which were not accepted;
a summary of the bidders discussions/negotiat:ons with them; the name of the
subcontractor or supplier who was selected for that portion of work; and the
reason for the bidder's choice. If the DBE subbid was rejected for price, give that
price and the price bid by the selected non-DBE subcontractor or supplier. Since
the utilization of available DBEs is expected, only significant price differences (as
determined by the City) will be considered as proper cause for rejecting such
DBE bids, if the goal is not met.
G. Assistance: Assistance that the bidder has extended to DBEs identified in E,
above, to remedy the deficiency of their subbids.
H. Additional Data: Any additional data to support a demonstration of good faith
effort, such as use of DBE assistance agencies.
(C3\CONTRACT\DBECON)
(1,-- IQ/
____/ L{' ,[)
--_.__..._--_..._._..~._^j'-._-'--_._~..__. ....- ,.-.
File # AO.050
# AO-066
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE
IN THE CITY OF CHULA VISTA, CA
February 17, 1992
ADDENDUM #2
Item 1
The following changes are hereby effective as though issued with the bid package:
ChanQes to Specifications -
1. The entire Section 2-09, Aggregate Base, shall be revised to read as follows:
Aggregate base shall be processed miscellaneous base in accordance with the
provisions of Section 400-2.2 of the Regional Supplement Amendments and shall
be laid in thickness as shown on the plans and cross-sections. Full compensation
for subgrade preparation, providing and placing processed miscellaneous base is
considered as included in the contract unit price bid for "Aggregate Base."
Processed miscellaneous base shall comply with Section 200-2.5, Fine Gradation,
of the Standard Specifications. The use of broken, crushed, asphaltic concrete,
Portland cement concrete, railroad ballast or glass is.!1Q1 permitted.
2. Portion of Section 2-23, Progress of Work, shall be revised as follows:
A. Sections d1., d2., and d4. shall be deleted.
B. The first paragraph of Section e. shall be deleted.
THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH THE BID.
SH:cmf
(C\CONTRACT\F1FAD2,CON)
RECEIVED FEB 1 9 Jf91~
)i
/ OJ
,
I
File # AO-050
# A0-D66
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE
IN THE CITY OF CHULA VISTA, CA
February 19, 1992
ADDENDUM #3
Item 1
The following changes are hereby effective as though issued with the bid package:
Chances to Soecifications -
1. The bid date has been changed from Wednesday, February 26, 1992 to
Wednesday, March 4, 1992. The first paragraph of the Notice to Contractors shall
read as follows:
SEALED PROPOSALS will be received at the office of the City Engineer, City of
Chula Vista, until 2:00 p.m. on Wednesday. March 4. 1992 at which time they will
be publicly opened and read for performing work as follows:
2. The City will be bidding two alternates. The Contractor shall bid on Alternate A
(Mandatory) and is encouraged, but not required to bid on alternate B. Alternate
A provides that Contractors are not required by the bid specifications to pay
prevailing wage (Not "Prevailing Wage Rates") to persons employed by them for
work under this contract. Alternate B requires the contractor to pay the "General
Prevailing Wage Rates".
Attached are revised first and last sheets of the current proposal. In addition, a
completely new proposal for Alternate B is attached.
3. The entire Section 2-31, Wage Rates, shall be revised to read as follows:
2.31 WAGE RATES AND ALTERNATIVE BIDS
Alternate Bids- The Contractor shall bid on Alternate A (mandatory) and is
encouraged, but not required to bid on Alternate B. Alternate A provides that
Contractors are not obligated to pay prevailing wages (Not 'Prevailing Wage
"//' OJ/'
.\ iF --~~L>
Rates") to persons employed by them for work under this contract. Alternate B
requires the Contractor to pay the "General Prevailing Wage Rates". The City has
the right to award the contract to the low bidder for the alternative selected by the
City. The City reserves the exclusive right to select which alternative.
If the City awards the contract for Alternate A and as a result of litigation or other
legal proceeding brought against the City which requires the City or Contractor to
pay "Prevailing Wage Rates", the City shall pay the Contractor as follows:
I. If the Contractor bids both Alternate A and Alternate B, the Contractor shall
be paid those unit prices in accordance with the bid schedule for Alternate
B.
II. If the Contractor does not bid Alternate B, the Contractor shall be paid 2%
more than the unit prices listed in the bid schedule for Alternate A.
Waae Rates-
Alternate A - In all areas of these specification where the term minimum wage is
used, it shall mean the following:
Contractors are not obligated to pay prevailing wages (Not "Prevailing Wage
Rates") to persons employed by them for work under this contract.
Alternate B - In all areas of these specification where the term minimum wage is
used, it shall mean the following:
The minimum wage rate to be paid by the Contractor and the Contractor's
Subcontractors is to be in accordance with the General Prevailing Wage
Determination made by the State of California, Director of Industrial Relations
pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773
and 1773.1.
The wage rates determined by the Director of Industrial Relations and published
in the Department of Transportation publication entitled, "General Prevailing Wage
Rates", refer to expiration dates. If the published wage rate does not refer to a
predetermined wage rate to be paid after the expiration date, said published rate
of wage shall be in effect for the life of this contract. If the published wage rate
refers to a predetermined wage rate to become effective upon expiration of the
published wage rate and the predetermined wage rate is on file with the
Department of Industrial Relations, such predetermined wage rate shall become
effective on the date following the expiration date and shall apply to this contract
in the same manner as if it had been published in said publication. If the
predetermined wage rate refers to one or more additional expiration dates with
additional predetermined wage rates, which expiration dates occur during the life
of this contract, each successive predetermined wage rate shall apply to this
I ~.!I
't:-'~-~/-/
contract on the date following the expiration date of the previous wage rate. If the
last of such predetermined wage rates expires during the life of this contract, such
wage rate shall apply to the balance of the contract.
The Contractor shall post a copy of the above determination of the prevailing rate
of per diem wages at each job site.
A copy of the above General Prevailing Wage Determination is on file and available
for inspection in the Public Works Department/Engineering Division, 276 Fourth
Avenue, Chula Vista, California.
ACKNOWLEDGED BY:
THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH THE BID.
SH:cmf
(C\CONTRACT\F1FAD3,CON)
/
-7/
',/-
.'(j.
) 'I
- .r r-
BID PROPOSAL
To the Honorable Mayor and City Council of the City of Chula Vista. .
The undersigned declares that he has carefully examined the plans and specifications
for:
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE IN THE CITY OF CHULA VISTA, CA
and that he has examined the location of the proposed work and has read the
accompanying instructions to bidders, and hereby proposes to furnish all materials, and
do all the work required to complete the said work in accordance with said plans,
specifications, and Special Provisions for the unit price or lump sum set forth in the
following schedule.
'.0 .-
The contractor has ONE HUNDRED EIGHTY (180) working days to complete the project.
A Sixty (60) day "window" is included for the various utilities to install and relocate their
facilities (See Section 6-7 of Special Provisions. General).
The City is bidding two Alternates (A & B). The bidder shall bid on Alternate A
(Mandatory) and is encouraged, but not required to bid on Alternate B. Alternate A
provides that Contractors are obligated only to pay minimum wage (Not "Prevailing
Wage Rates") to persons employed by them for work under this contract. Alternate B
requires the Contractor to pay the "General Prevailing Wage Rates". The City has the
right to award the contract to the low bidder for the alternate selected by the City. The
City reserves the exclusive right to select which alternate.
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
ALTERNATE "A" - MINIMUM WAGE (NOT PREVAILING WAGE RATES)
1.
LUMP SUM
2.
LUMP SUM
3.
3,900 TONS
~
Removal and Disposal of
Existing Improvements
I~~ ~J"cI
LUMP UM
Excavation and Grading
I W4\.-fi,- ~ -t4...Jw.1
LUMP SUM
",..
$ z.. :L, 0C10 $
L.S.
1- '21~OO!l<
.-
$ 27,0/110 -$
L.S.
..
7.-7, 0610 e_
Asphalt Concrete Pavin ('v
-, Pc ~:f ~o ~ ..
.~ ' - r.u- $ - $ / SJ.1<r 0.-
PER 0 "1d TON ..
..,.~~ -~ 11ru- 2-7"?! /O!;'J.L.!"-
.-) .....:>
j -'>
, ,
"
{C
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
69. 9 EACH Type 1, 8-Unit Pedestal
Mail Boxes with Rotating
Pedestal
5,." \w... c;LvJ 4;1L- $ fo5 0 Oft $ c'r (to !!..
PER EACH EACH ~
d.
70. 3 EACH Type 2, 12-Unit Pedestal
Mail Boxes with Rotating
Pedestal
S;"t ~ .IA.~6 $ ,,80 ~ $ 2-/0q06~
PER EACH EACH
71. 2 EACH
TransNet Signs
[)~ -tko1.cS (,~
PER EACH
." '"
$ l~ OOu - $ '2-l 000 .-
EACH
GRAND TOTAL ALTERNATE A:
00
/fp1,3'/(" -
1'17, 6((Jo~ -;9c-
(C\CONTRACT\FIFTHNO.CON)
(ADDENDUM\FIFA03.CON)
.
.
'/ / '..J.. L/.
)/(-
~.. .
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
ALTERNATE "B". PREVAILING WAGE RATES
1.
LUMP SUM
2.
LUMP SUM
3.
3,900 TONS
_ Removal and Disposal of
Existing Improvements
f1v".1;,- ~ ~
LUMP SUM
Excavation and Grading
~-~-tf:-~,J
LUMP SUM
Asphalt Concrete Paving
...,- &u&.\.~ - ~ ~/( rib --
PER TON
--, !
"J/
./
) [
,
~ _0
$~1000 $ 3 '1.0~ -
L.S.
"3\ 060.9-
$~ $ '33,DOO.II-
L.S.
$ L ~S~$ I/!,Ot:O o~
TON
.
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
4.
136 TONS
5.
7,200 TONS
Pavement Removal, Subgrade
Preparation, and Placement of
Asphalt Concrete in Overlay
Areas (See Section 2-06 of
Special Provisions)
:8).... ( , I ~ ,..,.,...
q", ~ , ." .
PER TON
.. .
Aggregate Base
1~ Al~
PER TON
. .
$ /170.... $ I~.qf't 0_
TON
$ 10 .!-'
TON
."
$/2-,000 -
6. 4,030 L.F. Monolithic Curb, Gutter,
and Sidewalk $ / gS!!, $ 71(S~ re
. r;o /,
t ~ trti.n a-.J... I tAr"
PE LINEAL FOOT L.F.
.
7. 2,100 S.F. 4" P.C.C. Slabwork
"l~ &.0 l~ $ 2. D!- $ 4, '2..00'~
PER SQUARE FOOT S.F.
8.
9 EACH
9.
6 EACH
Pedestrian Ramp Type "A"
(01"t ~14 (H.J
PER EACH
Pedestrian Ramp - Type 'C"
(()~ -cl.cvJfl,,-d
PER EACH
~// .oj /
,Iff .., W
o.
$ If (100 ....$ "tctJO.~
EACH
,.
$ If ()()O - $
EACH
o~
" 000
,
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
10. 2 EACH Pedestrian Ramp-Type "D
S: f'V1I!\, ~~L $ 100.-..... $ ',4Co"--
PER EACH EACH
. ..
11. 14,000 S.F. 6" P.C.C. Driveway t. 3~
'2.-'- $ 4-5',.foo~
I'\Mt.r. J C) (( 1,(4.. IrJIJ $
PER SQUARE FOOT S.F.
12. 7,700 S.F. 4" P.C.C. Driveway
----- cklIoM- -z, ":.- I 5, 'ftJ 0""
J~ $ $
PER SQUARE FOOT S.F.
13. 2,300 S.F. 4" Asphalt Concrete Driveway 50
.~ ~(~ ~/,rJ.r $ 1""" $ 3,4.s0-"
PER SQUARE FOOT S.F.
14. 33 L.F. 6" P.C.C. Curb for Alley
Type Driveway o~
~dol~ $ "3 0 $ qqO-t--
PER L1N L FOOT L.F.
15. 2,520 S.F. 6" P.C.C. Cross-gutter and
Segments
~ ~ (lGNt- $~ 8' .'
$ 10,0 0-
PER SQUARE FOOT S.F.
16. LUMP SUM Protection and Restoration of
Existing Improvements
}h~~ -~.J $Qo...oo~-- $ 'lo,t) cO ofr
LUMP SUM L.S.
--:> ;'
" .'
/lJ
.... r'~
/ i
.- /
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL
ITEM QUANTITIES WRITTEN IN WORDS FIGURES
.
17. LUMP SUM Erosion Control I 3,OCGl'-
~ ~~"^/ .
~$ 3 0000......
,
LUMP SUM
18. 427 L.F. : 3D-Inch R.C:P. - 1350D
S(~~ (;., . .
$ G~ 0.-- $ 1..7, 7! [ 6'L-
PER LI E FOOT L.F.
19. 463 L.F. 24 - Inch R.C.P. - 1350D
'F\~ -~ $ ~1.-~!..- $ vr,07b o~
PER LINEAL FOOT L.F.
20. 454 L.F.
18-lnch R.C.P. - 13500
~-CMtL.
LINEAL FEET
$ 41 CI'l- $}~ "402.-
L.F.
21. 10 L.F.
18-lnch R.C.P. - 2000D
with Encasement
tO~ ~WvJ
LINEAL FEET
$ \ 00 .~ $ 'll"!) (/0';'
L.F.
22. 107 L.F.
12-ll'lch P.V.C. Drain Pipe
s.,v~~- ~
LINEAL F
$ 7 z, ..:- $ 7, 70 i o~
L.F.
'.
,v/
~'~?? 'cf D
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
23. 2 EACH
24. 2 EACH
25.
4 EACH
26.
LUMP SUM
27.
1 EACH
28. 1 EACH
Storm Drain Clean-Out,
TYPE "A"
-,- (IJO -(:tu.<.fh ~
PER EACH
.!!.- A. fC!
$ 2.,000 $ ""[,000 '
EACH
TYPE "G" Catch Basin
m... {k.."'<1r.I,..~ s_cLu $ Jj!O':- $ ,?>,SDO'!..
PER EACH 6~C4t EACH
MODIFIED TYPE "B" Inlet,
Length - 5 Feet
'ftw~o.&.,.J (v:'
PER EACH ~clA&
COMBINED TYPE "B" AND TYPE
"D" Inlet
~~ ~..sl.~ ~
LUMP SUM t.. J.a r
Modified TYPE "B-1" Inlet,
Length - 8 Foot
....-~t.,otb:ow.,JJ S~
ER EACH I,.......~.r
Modified TYPE "B-1" Inlet,
Length - 14 Foot
~ ~<4.....J r,~
PER EACH \.t... ~~ ~
.).' . ~
, / / !
)u;J' ("_~' /
_/
~ . .c.
$ l.,SbO $10,000-
EACH
$6, teot!'- $ S. Wo'~
L.S.
"l.Jo. 0"
$ t.. 700 $ 1...,100 -
EACH
. .
$ ),(,100oJl-$ 3.."OO'~
EACH
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
29. 1 EACH
30. LUMP SUM
31.
13 EACH
32. 100 L.F.
33.
100 L.F.
34.
50 L.F.
Modified lYPE "B-1" Inlet,
Length - 13 Foot
~~..J ~
.PER EACHt.....--
Curb Outlet Per Plan
~ ~v......J
LUMP SUM
Adjustment of Manhole
~ ~ S.6I/oA1.~ -
PER EACH 6rJ.r
$ ~1S"OO~ ~S-Oc)---
EACH
04-
$ 41lODO $
L.S.
4: () aD elf-.
f
$ s7So!- $ 4;i7[~
EACH
Replacement of Existing
Sewer Laterals 4ro!.
Sl~' 9<- =h,~'1i ,9.L $ ~Oll"... $ 4rQ>O.:"
PER LINEAL FOOT L.F.
New 4-lnch Sewer Lateral
~EAL FOOT
Sewer Protection Per
RSD S-11
r-~
PER LINEAL FOOT
..." / / 7 /./'
/\ L,1 ) L
$ 4Oo~
L.F.
LOOO o~
$ IC
o
$ I 00;"'-
L.F.
0)
$ ~00o-
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
35.
4,100 S.F.
36. 940 L.F.
37. 8 EACH
Masonry Retaining Wall
(Slump blocks)
- .rot-
J\~
PER SQUARE FOOT
4-Foot Chain Link Fence
~~
PER LINEAL FOOT
Survey Monument .
~VIJ~~ Wr-
PER EACH
.
/5#~
$ .
S.F.
$ ~ I/S-ooe/!
$ 140~ $13,{bO~
L.F.
$ lro ~ $ ZrE)O~e>!..
EACH
(BID ITEMS 38 THROUGH 52 RELATES TO TRAFFIC SIGNAL AT FIFTH &
PALOMAR)
38. LUMP SUM
Fully Actuated Traffip
Signal including the
following work:
Remove and deliver existing
signal controller and cabinet
to 707 "F" Street City Yard.
Pick-up and install City
furnished 170 Controller
and 332 cabinet on new
concrete pad/foundation.
Relocate 4 existing signal
standards and equipment
complete with new foundations
and new hardware.
"7 / ~_( /
)!J/ .
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
(Cont. from Item 38)
Furnish and install two (2)
30 feet mastarms on existing
type 49A-3-70.
Change 18 plastic signal
. indication lenses to glass
. lenses. ."
~,~~~.J
~,-. ~~
LUMP SUM
~
$ 17,7()O $
L.S.
.
/7,76) 0 ~
39. LUMP SUM
Furnish and install approximately
320' of 3" Conduit Schedule 40 and
four (4) #6 pull box at Fifth Avenue
and Oxford Street
. f;w- ilAo\ls-J
LUMP SUM
$ 4; ooo~ $ 4-cOOOIJl
L.S.
40. 1 EACH Furnish and Deliver Type
170 Traffic Signal Controller
to City Yard
(Ou ~ "'St..J 91~ .s.- " l1>D 11;
$ 1,9"J $
PER EACH . ~J EACH
41. 1 EACH Furnish and Install SDG&E
Approved Meter Pedestal
(()..., ttlJ oJ w $ I, q~OG.'!- $ I, 9000::'-
PER EACH b,b...,! EACH
-) /
l<.?
.-- "7 11
_)> .-L-
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
42. 4 EACH Furnish and Install Type
1-A signal standard
f,~( ~lu1 $ .!)::x:/,':-- DO.
$ 2..,000 ....,
PER EACH EACH
.. d.
43. 4 EACH Furnish ar.'ld Install #6
Pullbox . . I ~
~~ $lSO~ $ G,OO!!:..
PER EACH EACH
44. 5 EACH
Furnish and Install #5
Pullbox. One pullbox
to have 'Telephone" Lid.
V\~ tk((tM
PER EACH
$ CjOd!J.- $ 1'("0"':-
EACH
45. 8 EACH
Furnish and Install
3-lens vehicle indications
with 12" glass lenses and
backplate
f~E~~J /;if4
$ 4--{06~ $ 3, bOO 0:-
EACH
46. LUMP SUM
Rewire Intersection
5~,." 1f;1:;0.4 tAl
LUMP SUM
., ~ 7. "eo
$ I, 000 $ ,000-
'l.S.
/ I .-"-) 4.--7
.\ /,:/ - .\ )
/ ./
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
47.
900 L.F.
Furnish and install approx.
900 L.F. conduit (size per
plan)
1!ti+ ~ ~!rC
PER LINEAL FEET
C)..J
$0""-
L.F.
., 4-~.~
$ f,
48. 4 EACH Furnish and Install 250 watt,
multi-volt, HPSV, cutoff safety
luminaire with integral ballast
and photo electric switch
(Type IV)
j1w ~~ $ 3roo~ $I/U)O.~
PER EACH EACH
49. 8 EACH Install Type "D" Detector
/f~ ~~ ~_ $ Z.3o~ $ /, c40 ,,~
PER EACH EACH
50.
24 EACH
Install Type "B" Detector
Loop ~oL
-rwv~
PER EACH
WQD~
$ . $
EACH
,A/.,1 .
--
4t to:; ce.
51.
1 EACH
Install Water Tight Telephone
Interconnect Terminal and
Splice Enclosure
~ k-.JUJ
PER EACH
3 ~ 0"
$ coo $ '300 ~
EACH
"7/--'U
_____) 0 /" I
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
52. 3 EACH
Furnish and install two (2)
"No Pedestrian Crossing" (R96)
and one (1) R73-7 signs.
-JWv ~& rt~t--/,[.at. $ ~ 1 So!- $ tfit.!:-
. PER EACH. . -U EACH
(STREET LIGHTS - ITEMS 53 THROUGH 58)
53. 14 EACH Furnish and install 27'
street light standards
complete with foundations
250 watt HPSV cutoff luminaires,
lamps, and photo cells
f()l..~ ~~ f 4OOQ~ ,
$ I $ l't,c.oo--
PER EACH EACH
.
54. 10 EACH Furnish and install No.
3312 pull box $ Iro t
~ ~J ff&+- $ ((!2>o ..,:..
EACH
PER EACH
55. 27 EACH Furnish and install NO. 3i
pull box
-Z;'i~h.tt ~ ." $ 2, {ftJoG~
$ 0-
PER EACH EACH
56. 1,500 L.F.
Furnish and install
schedule 80 PVC conduit
(size per plan)
<;(~ dr.~
LINEAL FOOT
$ (/'~
L.F.
o
q Oc9Oo-
$ ,
~? 7.......
, l - r-,
__I e/ //..--"
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
-
PRICE IN TOTAL
FIGURES
57. LUMP SUM
58.
1 EACH
59. 4,100 L.F.
60. 15,900 S.F.
61. 6,300 S.F.
62. 580 L.F.
Install Conductors
D~ 'f:...o.J ~~./
LUMP SUM 1A...J..,R
Relocate Street Light Standard
5~ LM fA
PER EACH
Saw Cutting
. J54--
I.~
PER LINEAL FOOT
2-lnch Grind
.1,..0 t.
-
PER JOUARE FOOT
1 1/2-lnch Grind
.~+
,eu
PER SQUARE FOOT
6-lnch A.C. Berm
""Two dol~
PER LINEAL FOOT
$ If ~Oo'" $ I~ d'a;f~
L.s.
d!)
7SlJ - /Yy1'
$7..D>r).- - 7~
EACH~
"10 cf
.
$
$ 2, f7o":'.
-
L.F.
~o4
.;---
$ ,.-
S.F.
~ ...
$ '3,1 Q 0 -
. '2-0 f- ."
$ .,;:- $ I, Uo '-
S.F.
., 0'"
$"""-
L.F.
.-
$ 1,1(,0 -
OJ! "/5:;
.
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
63. LUMP SUM Concrete Stairways
IMt.t.. ~S~ $ 3. Ot'O~ $ 3 f)oC).~
.
LUMP SUM ... '. L.S.
64. 32 L.F. . Galvanized. Handrails
.
'f~ ~(~ $'60~ $ ',bOO":'"
PER LI EAL FOOT L.F.
65.
LUMP SUM
Traffic CopJrol A'
fh,if ~..sh.rt $'._
~.~ c;:;.~ -6'~
LUMP SUM
c .'
$~, tptS -$
L.S.
i', 'z,SOS-
66. 58 EACH Connection of Existing
Water Service to Meter
~ ~J fffi . .
$ t.rO"- $ 'J,7oo~
EACH
67. LUMP SUM Shoring
~ ~~.~J ." ,..
$I,SOO ~$ /,.s?fb -
LUMP SUM It...c.. L.S.
68. LUMP SUM Construction Surveying
S; ~ '(k."j ,.~J $ I ~,O~ .. $ I G .OOc 0'<_
LUMP SUM L.S.
" -? .~)-
,; / \
J.' / /
..<1 '
APPROXIMATE
ITEM QUANTITIES
ITEMS WITH UNIT PRICE
WRITTEN IN WORDS
PRICE IN TOTAL
FIGURES
69. 9 EACH Type 1, 8-Unit Pedestal
Mail Boxes with Rotating
Pedestal
Sl~ ~~ ~;~ $ "t O~ b IU>~
$ (
PER EACH. EACH
.
70. 3 EACH Type 2, 12-Unit Pedestal
Mail Boxes with Rotating
Pedestal
~~ ~ .L<~k~ e.
$ (080 2., o40~
$ c.
PER EACH EACH
71. 2 EACH TransNet Signs
rf)N ~...r Ii ~J .. ."
$ 1,000 ~ $ 2,000 -
PER EACH EACH
.
8fJ~ ~ ~
/' .
M'A"
GRAND TOTAL ALTERNATE B:
(C\ CONTRACT\FIFTHNO.CON)
(ADDENDUM\FIFA03.CON)
-? ,
\t
. .SC?
..-(/
File # AO-050
# AO-066
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE
IN THE CITY OF CHULA VISTA, CA
February 26, 1992
ADDENDUM #4
Item 1
The following changes are hereby effective as though issued with the bid package:
Chanoes to Specifications -
Add the following paragraph to Section 2-15 "Adjustment of Manholes":
The existing storm drain structure on the east side of Fifth Avenue at station
43+64:!: shall be adjusted to grade. The cost of modifying the structure and
replacing the existing grate type lid with a standard cover similar to that in a type
B inlet shall be paid for at the unit cost paid for "Adjustment of Manhole".
Changes to Addendum #3 -
The second paragraph in Section 2-31 "Wage Rates and Alternative Bids" shall be
revised to read as follows:
If the City awards the contract for Alternate A and as a result of litigation or other
legal proceeding Contractor is required to pay "Prevailing Wage Rates", the City
shall pay the Contractor as follows: . . . . .
BI
THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH THE BID.
SH:cmf
(C\ CONTRACT\FIFAD4.CON)
; '.-.~ (?
T~ /
Proposal (Continued)
The undersigned further agrees that in case of default in executing the required contract,
with necessary bonds, within the ten (10) working days after having received notice that
the contract is ready for signature, the proceeds of the check or bond accompanying his
bid shall become the property of the City of Chula Vista.
Licen~ed in.,.gc~rdance with an Act providing for the registration of Contractors, License
No. ~O~j tl ; License Expiration Date ~ontractor's
State License Classification A- .
J 6J C ).
b C)yi'(J
r4vB- rflCJ
~:;€2l
Signature of bidder:
{VC,r/L J~ (&1. c..
2-3~J &C~j 1-(
(Business Address)
Dated: ~ - <-(
, 19 ~ 'l...---
t,r,( - I ~ ( (
(Phone Number)
TAX IDENTIFICATION NUMBER :3"3 - 04-4 aZZ t
(L\CONTRACTS\BOILER)
? &/ - 2/{?
../
CERTIFICATE OF INTENTION TO USE A SPECIFIC MATERIAL
The unit price bid for Item 32 and 33 in the proposal, includes the use of ~ of the
following acceptable pipe materials as contained in Section 2-16 of the Special Provisions.
The contractor shall indicate which type of material he plans to use.
CHECK ONE ONLY
4" Vitrified Clay Pipe
v
4" Polyvinyl Chloride Pipe
4" AS.S. Solid Wall Pipe
/' SIGNATURE:
(C\ CONTRACT\SWRCERT.CON)
(FIFTH NO. CON)
-; I . III
/ (ce .
DESIGNATION OF SUBCONTRACTORS
All bids received by the City from the contractor should include the name and the location
of the place of business of each subcontractor who will perform work or labor or render
service to the prime contractor in or about the construction of the work or improvement
and shall otherwise comply with the restrictions of Government Code Section 4100 et.
seq. Specific attention should be paid to Public Contract Code Section 4104, Subsections
A and B.
The Contractor shall list herein, the name and address of each subcontractor to whom
the bidder proposes to sub-contract portions of the work in the amount of 1/2 of one
percent of the total bid or $10,000, whichever is greater. Subcontractors include
subcontractors, suppliers, truckers and owner/operators of equipment.
Division of Work
Subcontractor & Address
Amount of Work
by Subcontractor
in Dollars
No Approximations
Permitted
?CC 0-+Vl~
~L ~~ f~J
L ~ c;......~
rz. t W\:l ~
,
&, .-- P,,-cdt.
8" c.L 0 Ll D ':..-
\;.v?
SVV1
A(~qs'v
1 1, 7 )'1) 0",
Cc( cJ ~(G ~
~ GlJ ~('4')
."
4r€?00 -
~l' 1/2
/
DESIGNATION OF SUBCONTRACTORS (CON'T.)
Division of Work
~ r
~1
Subcontractor & Address
At~s ~CL C
fiRe
LqkLr fLee
L(1~
9a L E~c...
Q (/~ 1', (It. c...
p (2 G;J
BY'
TITLE:
(C\ CONTRACT\BOILER)
II
) I..!:
! /~,
/ )
Amount of Work
by Subcontractor
in Dollars
No Approximations
Permitted
I ~l OOfJ --
4<1} IS-l,-a?
~ JK.--
lrr9())---
AFFIDAVIT TO ACCOMPANY PROPOSAL
USE THIS FORM WHEN BIDDER IS A CORPORATION
STATE OF CALIFORNIA) SS.
COUNTY OF~.. Q'4r)
.Jose- j. CAriE)
, affiant, the
'file)
of
President, Secretary
Cavo , ("If
Name of Corporation
or Mgr. Officer
the corporation who makes the accompanying proposal, having first been duly sworn,
deposes and says: that such proposal is genuine, and not sham or collusive, nor made
in the interest or in behalf of any person not therein named, and that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a sham bid, or any
other person, firm or corporation to refrain from bidding, and that the bidder has not in
any manner sought by collusion to secure for himself an advantage over any other
bidder.
~
ignature
President, Secretary or
Managing Officer
STATE OF CALIF RNIA) SS.
COUNTY OF S,... .)
On this ~ day of Ma~~ in the year I qq'l..- before me,
t:, Ncs:Jr....E p. ~I.i personallyappeared,-:JOJc J. c~vGJ ,
personally kn wn to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as president (or secretary) or on behalf of the
corporation therein named and acknowledged to me that the corporation executed it.
~~
Notary ublic V
(C\CONTRACTS\BOILER)
->.'c. - LIL!
\ '.
. ..,. . /
~ - . .
BOND I!CA130430
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS, thatl/We CAVES. INC. , as
P rln cl pa I, and ME!~~~N!~_~~..?2~:_c.s>~~:N_Yi~~:.y!,L) as Surety, are
held firmly bound unto the City of Chula Vista ("City") in the sum of
TEN PERCENT OF GREATER AMOUNT BID---($ 10% ). to be paid to the said
City or its attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs. executors and administrators, successors or assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bid of Principal on the City's
request for bids on the following project, to-wit:
FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET
AND ORANGE AVENUE IN THE CITY OF CHULA VISTA, CA
which bid Is dated FE B R U A R Y 26, 1 99 2 ,is accepted by the City, and if the ebove
bounden Principal, his heirs, executors, administrators, successors and assigns, shall duly
enter into and execute a contract for such construction and shall execute and deliver the
bondS required by said Bid Specifications, on or before the date specified in a "Notice of
Award," which date shall not be less than ten (10) days (not Including Sunday), from the
date the bounden Principal Is notified by and from the City of Chula Vista that said
contract is ready for execution, then this obligation shall become null and void; otherwise,
it shall be and remain in full force, effect and virtue.
IN WITNESS WHEREOF, IjWe hereunder set our hands and seals this
of FEBRUARY , 19....:.:...
25TH
day
INC.
AITORNEY IN FACT ACKNOWLEDGMENT
1
STAn: Ot" l"AI.IH)RNIA t...
coo..,'" SAN DIEGO I
Onlh" 25TH FEBRUARY 1992
....SAN'. 'DIE-GO .dtll)' of.. . in lhe ycar .-.-.......'...... beforc mc. a NOlary Public in and for ""tIIid
HE LEN MA LON E Y Counly. Stale "f Califo,.". .."din, therein. duly commissioned and .wom. l'<I\on.lly
appeared. """"..".'."... ......,.....,..,.., _"... '.._'._"n_M__._..." XJ prnoaally kno..... '0 Int, [jpro~etlI to lilt on tilt bMII 0( utWKloI:1 cvld~nce
(() be lhe penon whose name is subscribed to lhlS Inslrument as lhe allorney In fact ofJr1,~.RC:,HA.NT. ~ ,..,~,,9~P,~ ,NG . ~ qM'p t\_~Y (MU TU A L )
.nd acknowledged 10 me 'h., 0 ... 1:1.... .ub,cnbed ,he name or ME R C H ANT S BON DIN G COM PANV(i1U'rU AL) the,eto as
surety, ..nd 0 hia ~ h~r own name u attorney In fael. .. .. . .. ........... ......... ..".......
IN WITNESS WHERF.OF. I h..v( hereunlo ""et my hl:lnd and affixed my offil"l.d ",ciiL the dOl)' iind year "Iiiled In this eenific..le ..bove.
\t.'
. '_'. . QJflCIAL SEAl,.
. '.' . J2~~~~~~:
~; SAN DIEGO COUNTY
..' I /.fY COM, EXP. 2-&1995,
r ~&;y';~
2-6-95
1 .......-'u
My I.:ommls!oion expires
/-
'-:> / LJ t..'
-' 1/' I ::>
>>>JOIIN IlALONEY*"lIELEll IIALOIIEY<<<
>>x<<
>>><<<
ESCONDIDO CA
>>>ONE MILLION DOLLARS($l,OOO,OOO.OOl<<<
25TH
92.
FEBRUARY
CONTINUOUS
5792
3/05/91
7/, ..!/~
e,^ ,{?j
IlALONEY & lSSOCllTES
______._______" -t"-<.,.__.,.~_,_"_.
THE CI1Y OF CHUU VISTA PAR1Y 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
)fficial bodies. The following information 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.
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):
S. 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 than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s):
. Pl'r"l)n is defined as: "..Any indi\'idlltl/,jirm, co-pnrmershipJjoint "en/lire, associntion, socia} club,fraternal orgnniznrion, corpora/ion.
"Sllll", mISt, receirer, syndicate, This and any OTher cOllnl); cil)' and cOLIn1/)\ cil); nll/Ilicipalil); diSTriCT or olher poliTical slIbdi,'isiun,
or nllY other group or combinnrion acting as n unit."
(:'\OTE: Atlach additional p3ge5 as neces53r)')
Date:
!.\.;! ;.\DI5CLOSLTXTj
Print or type n<lIne of contr<lctor/applicant
. L./' .-,. fR('\i"'~'J 1l.".~11 ')/)]
/ . /
&;;
EXHIBIT 'Be
.",
DESIGNATION OF SUBCONTRACTORS
All bids received by the City from the contractor should include the name and the location
of the place of business of each subcontractor who will perform work or labor or render
service to the prime contractor in or about the construction of the work or improvement
and shall otherwise comply with the restrictions of Government Code Section 4100 et.
seq. Specific attention should be paid to Public Contract Code Section 4104, Subsections
A and B.
The Contractor shall list herein, the name and address of each subcontractor to whom
the bidder proposes to sub-contract portions of the work in the amount of 1/2 of one
percent of the total bid or $10,000, whichever is greater. Subcontractors include
subcontractors, suppliers, truckers and owner/operators of equipment.
Division of Work
Subcontractor & Address
Amount of Work
by Subcontractor
in Dollars
No Approximations
Permitted
~ cc 0-tvt,~
~L ~~ r~J
L~~~
'(. t W\:l ~
,
& \ .-- p,,-ccn~.
rc.L 00 0 ,~
\f.V?
SC/~\
Al.~~5'V
t 1, 7 S1) G'r
,Q(d O[GkZ
~ C-tJ ~('4')
.....
itJ0D -;
~/ -US(/
&1 / (,
I
DESIGNATION OF SUBCONTRACTORS rCON'T.)
Division of Work
....- r
~)
Subcontractor & Address
Af~~ ~CA.- C
rue
Lekc,f Gc
L~~
9a L fleL
.
Q v..crt (h ~
faq
TITLE:
J~
Amount of Work
by Subcontractor
in Dollars
No Approximations
Permitted
I~l 00(; --
4<1} /~r/(J? .
~ JK.--
1 (.90)'-
'(C\CONTRACT\BOILER)
'1 i //
\ "[..'/- ,,:/ ~l
_ EXHIBIT .e"
/tJ bid. reOlIvtcl by the CIty frOm the OO'IUctor lhouId InClude tt1I nerne and the location
Of thl pllce Of bu.ln... Of .ach luboonttactor who will perform work or Ilbor or render
IIMClI to the prime controotor In or about the oonatructIon Of the wor1< 01' Improvement
and shill otherwi.. oomply with the mtrlctlon. Of Qovernment Code Section 04100 .t.
IICI. Speoltlo _mlon ahoUIcI bt palel to PUbUo Contract CodO Section 41 04. 8ub1.~o'"
A and I, .'
TtIe Contrlctcr ,han Hit htrtln, the name and addre.. Of tach .ubcomr.ctQr to whom
the bidder propos.. to .ub.oontraot portions or the work '11"1 the amount of 1/2 Of one
perotnt Of the totII bid or t10,ooo, whlchevlr II greater. 8ubCOntrlctor1 Include
lubcontrectol'l, luppller., truck.1'I and own.r/operators of .qulpment.
Amount ot woZ'k
by 'UbaDntZ'aato~
ln l)ol1uI
Ho App~oxl..t1oM
~ .u'ttceft~r.~'t.ot!l' Ii .a.dd....... .....2!PII.l~t!..l!!l
'pce ~(,J;
~J.. ~~ t ~f
L~&~
po 80': 'fs 7 - 13t.f Prl.D.O~
/"(1,.". 1'\ Gi 1'"0 II e. C'A.. 'fUl4{'
t
&\ - P"e~.'
,130 ~ 11.1';4 BI Sit IS"{-
UA~4, t?.+tt/ffL
A(.~~5'V
42-1 f.> Yb& ef W4r
C'n",~ lI,..rh I ('&'I'Iq,,,
~ Q.lJ ~{,..~
""If I "1cu'~v ~v.
Vt(l~ ~~( f'+ tf'L~v
~"ClO .~
't t , t.q\) '-
.
tc.l.oOD ....-
'T~
.
\ ',1 ro.'
s~~",,",
(llJ D~14A..
....- /. ." C;(J
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".", I
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(:GEN, ENGNR, CNTR, i 3-30-92 i 4:20PM' CAVES CONSTRU T
rlAR-30-'92 MClN 15:50 ID:CITY OF ChtPo.lU!l~A ..lEulolr:~ 619 6~1Ig~~~I,TY O~~~U~~."vIS'&.i,~ L,
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Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all malleI'S
which will require discretionary action on the part of the City Council, Planning Commission, and all other-
official bodies. The follo\\ing information must be disclosed:
EXHIBIT "D"
THE CI1Y OF CHUU VISTA PARTY DISCLOSURE STATEMENT
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):
S. 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 than $],000 to a
Council member in the current or preceding election period? Yes _ No _ If yes, state which
CounciImember(s):
Pl'T,nn is defined as: "Anyindiddull/,firm, co-pnnnership,joim "en/lIre, assocituion, socia! club,fraternal orgllnizmion, corpo/'ntiol1,
('SWfe, n"US1, recch'er, syndicate, fhis and any other cOllnTY, city (md countr)', cil)~ mUJJicipnlif)~ district or olher politicnl sllbdi~'isivll.
or flllY OTher group or combinnrion acting as n unit."
(:>;OTE: AlIach additional P"gcs 3S nCCeSS"T)')
Dale:
I\.'! '.\DISCLOSL1XT]
- . ('i
S~./~
~ U';' -'
Print or type name of contractor/applicant
IHl...."i...l'J ll.".1.ljl)oj
EXHIBIT liE"
THE CI1Y OF CHULA VISTA PARTY DISCLOSURE STATEMENT \",
Statement of disclosure of certain ownership interests, payments, or campaign contnbutions, on all matters
.vhich will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. list the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
C.A Veer'. .:E:N(! .
2. IT 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.
\In ~c .::1. (!.,qV€'l
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non "profit organization or as trustee or beneficiary or
trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No.x.. 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.
~n"iF .::r. r>.AvG"i'
.
6. Have you and/or your officers or agents, in the aggregate, contnbuted more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No.2L IT yes, state which
Councilmember( s):
Person is defined as: "Any individual,fum, co.partnership, joint venture, associntion, socinl club,fratemal organization, corporation,
estate, tru.s~ receiver, syndit:ate, this and any other county, city and country, cily, municipality, district or other political subdivision,
or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
Date: Af>~JL / . /992
(A.] J3.'1.:DlSCLOSE.TXT]
CAvES, ::TNC!. / ern'i': J. t'-AvES'
Print or type name of 'Contractor/applicant
-~ ( c/ ....., [Revised: l1/30I9OJ
f::;. '>
EXHIBIT "F"
CAVES CONSTRUCTION
2385 CACTUS ROAD
SAN DIEGO, CA. 92173
(619)661-1611
"~CE:VE:)
.,!T r OF CHULA ViS I A
"Nr;INE EPING DEPT
1992 HAR -6 PH 3: 57
MARCH 6,1992
CITY OF CHULA VISTA
246 FOURTH AVE.
CHULA VISTA, CA. 91911
ATTN: SHALE HANSEN / ROBERTO SAUCEDO
ENGINEERING DEVELOPMENT DEPT.
RE: FIFTH AVE. IMPROVEMENTS
Gentlemen.
We wish to correct a clerical error made on the total submitted
for Alternate A. on the referenced project. Briefly, we
inadvertently left the total of items 4 through 68 out of the
grand total for Alternate A.. The correct total for Alternate A
including all items is EIGHT HUNDRED SEVENTY-THREE THOUSAND
SEVEN HUNDRED THIRTY-ONE, ($873,731.00).
This occurred for the following reasons. We filled out Addendum
3 exactly as received from the City. This package contained
only items 1-3 and 69-71 of Alternate A. We discovered during
the preparation of the bid that due to limited staff and time
constraint~. it would not be possible for us to break each item
down between non-prevailing vs. prevailing wages and make the
bid time. We decided to incorporate the non-prevailing deduct
into items 1.2 &3, and bid. the same unit prices for items 4
through 71 on Alternate A and Alternate B.
Our estimator, Rich Ysais. failed to correctly total Alternate A
by not including items 4 through 68 which were in the Alternate
B package.
Please do not hesitate to call if you need anything.
J
P
JJC/HT
'/ / -- ~/ {../
J ~/ / ..
/
EXHIBIT "G.
ERRECA'S INC."[~EI'IEJ
General Engineering Contractors !State License #~43~F CHU~A ViS I A
8555 Paradise Valley Road. Spring Valley, CA 91Qi'~{" '..::c FPlt.G DEPT
P.O. Box 1161 o Spring Valley, CA91979 . ,',. .,. ..
Telephone (619) 263-1275 0 Fax (619) 267.10051992 MAR 12 AM (): 19
March 10, 1992
CITY OF CHULA VISTA
276 FOURTH AVE.
CHULA VISTA, CA 91910
RE: FIFTH AVENUE IMPROVEMENTS BETWEEN NAPLES STREET AND ORANGE
AVENUE
ATTENTION: KENNETH GOLDKAMP, SENIOR CIVIL ENGINEER
Gentlemen:
Specifications on the above mentioned project had a mandatory
requirement that all bidders bid Alternate "A". Caves Construction
did not bid the complete Alternate "A" package. Therefore, they
were non-responsive and their entire bid (Alternate "A" and "B")
should be thrown out.
Sincerely,
ER'V}?2/
David D. Edick
Chief Estimator
DDE/rv
cc: F i 1 e
/
7/.()
.[/
EXHIBIT "H-
MARCH 30, 1992
FROM:
I SHALE HANSON, ENGINEER
DAVID HARRIS, C.D. SPECIALIST
FIFTH AVE. STREET IMPROVEMENTS
DBE REQUIREMENTS
TO:
SUBJECT:
I evaluated the proposal from Caves Construction for
compliance with Ca1Trans' DBE policy. The contractor failed
to achieve the goal of 15% DBE participation, however, he
did make a good faith effort to do so.
Caves listed 3 DBE subcontractors as follows:
C.L. Brown and Sons
Sol Pacific Landscaping
Lekos Electric
$28,200
86,000
49,155
Of these 3 subcontractors, only Lekos Electric is currently
certified by Ca1Trans. Due to a clerical error, C.L. Brown
and Sons of Lemon Grove was incorrectly listed on the bid
form; the work will actually be performed by Brown and Sons
of Rancho San Diego, a Ca1Trans certified DBE. Sol Pacific
Landscaping claims to be a "certified" MBE, but is not
certified by Ca1Trans. Thus, counting Lekos Electric and
Brown and Sons, Caves Construction achieved a 8.6% DBE
participation toward the 15% goal.
I have evaluated their "good faith" effort and have noted
the following effort:
1) Advertisements in the Daily construction Service and San
Diego Transcript with sufficient advance notice;
2) Phone calls to 6 DBEs to solicit participation with
sufficient advance notice'
.
3) In addition to the listed DBEs, Caves received bids from
4 other DBEs who were not selected to do work on the
project. Caves also received a bid from Bud's Trucking (a
WBE) who will be used as needed for trucking services..
Based on this effort, I have determined that Caves
Construction made a good faith effort to solicit DBE
participation and therefore ha$_ complied with the Ca1Trans
DBE policy. I will keep the DBE documentation submitted by
Caves in a file in our office unless you request otherwise.
cc: Bruce Boogaard, city Attorney
Cliff Swanson, City Engineer
--0' //
) j7:~7 V
MlEMO~U1\1[
COUNCIL COMMENTS
April 17, 1992
TO: The Honorable Mayor and City Council
FROM: Legislative Committee
SUBJECT: Legislative Analysis - AB 3734 (Hauser)
The attached item, regarding legislation to allow city
representation on the Air Pollution Control District governing
board, is being brought forward for formal council action as the
subject matter is not specifically addressed in the City's 1992
Legislative Program. Additionally, no recommendation accompanies
this item as there are a number of issues pro and con which have
the potential of weighing heavily on the council's decision to
support, oppose, or take no position on the bill. Attached is
staff's analysis of the bill, the County of San Diego's analysis,
some background from the League of California Cities, and a fact
sheet showing the population figures for San Diego County.
cc: Advocation, Inc.
File
-act ~ - I
MEMORANDUM
COUNCIL COMMENTS
April 17, 1992
SUBJECT:
Legislative Committee
sid W. Morris, Assistant City Manager~~
Daniel D. Beintema, Senior Management Assistan~~
Legislative Analysis
TO:
VIA:
FROM:
REOUIRING COUNCIL DISCUSSION/ACTION
1. AB 3734 (HAUSER) - citv Representation on APCD Governinq
Boards
AB 3734 proposes to require that APCD governing boards include
membership from both cities and counties.
RECOMMENDATION:
Staff recommends that the Council discuss
and weigh the impacts of the bill to
support, oppose, or take no action.
cc: Advocation, Inc.
File
~qA-.2.
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
April 17, 1992
BILL AUTHOR TITLE INTRODUCED AMENDED
AB 3734 HAUSER AIR POLLUTION: 2/21/92 4/6/92
GOVERNING BOARDS
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING SUPPORT (SPONSOR) NONE NO
STATUS: PENDING ASSEMBLY COMMITIEE ON WAYS AND MEANS
BACKGROUND:
Under existing law, the governing board of a county air pollution
control district is ex officio the county board of supervisors.
The League of California cities adopted Resolution #48 at the
Annual Conference in 1991, which directs the League to sponsor
legislation requiring city membership on single and multiple county
air pollution control district governing boards.
AB 3734 would: Require by July 1, 1993, the membership of the governing board of
each county air pollution control district, include (1) one or more
members who are mayors, city council members, or both, and (2) one
or more members who are county supervisors. "The number of those
members, and their method of selection would be determined jointly
by the county and cities within the district, and would be approved
by the county, and by a majority of the cities which contain a
majority of the population in the incorporated area of the
district." This has been interpreted by the author of the bill to
mean that the county and a majority of the cities in the district
must approve the board make up, and the majority of the cities
approving must also represent a majority of the incorporated
population.
Discussion: In reviewing the potential impacts and ramifications of AB 3734,
a number of issues worthy of consideration have come to light and
are addressed below.
ISSUES SUPPORTING THE ENACTMENT OF AB 3734
* AB 3734 would provide cities a role in policy development of APCD
rules and regulations. City involvement on the Board would reduce
unnecessary infringement by the APCD on city land use
responsibilities in dealing with the mitigation of indirect sources
of air pollution.
* AB 3734 recognizes that air quality planning in the 1990's is
different from air quality planning of the past. As air quality
issues have evolved from those addressing stationary sources to
those addressing mobile sources, the need for city involvement in
(Continued)
~lt ~ - 3
AB 3734 Analysis
Page 2.
the planning process and on the district governing boards has
increased. There seems to be a pressing need for cities to become
partners with the county in the air quality planning field, since
potential methods to address indirect, mobile sources have impacts
on land use decisions.
ISSUES OPPOSING THE ENACTMENT OF AD 3734
* AB 3734 raises an issue of proper representation. As noted by
the County of San Diego, in the San Diego County APCD, "all
citizens of the county are equally and directly represented by the
county supervisors" making up the APCD Governing Board. "Unlike
the Board of Supervisors, whose members are elected by the region's
voters, appointees from cities would not be directly accountable
to the voters they govern through the District's regional
regulatory powers."
* Depending upon how the county and the cities in the district
decide to set up the board membership, it is entirely possible that
the City of San Diego and/or a group of cities could effectively
control the APCD actions. without the above mentioned proper
accountability to the citizens of the district, San Diego, or a
"coalition" of cities with common interests could inappropriately
influence the approval of projects which may be in direct conflict
with air quality improvement and in direct conflict with the
interests of the other immediate neighbors.
ADDITIONAL ISSUES TO CONSIDER
AB 3734's genesis was in a plea by a number of cities who desired
a stronger voice in the air quality management process. In
general, it is widely held that this legislation would be a
positive step forward and be of substantial benefit to city
planning efforts. Essentially, however, AB 3734 is enabling
legislation which sets relatively few rules and leaves a wealth of
questions unanswered. Specifically, the bill only determines that
the Board will contain members from both the county and cities, and
that these members will be elected officials from the respective
jurisdictions. Their method of selection is to be determined by
the cities in the district and approved by the county and a
"majority" of the cities (as defined). In that process, the number
of seats on the board, weighted votes, rotation of members, and
other regulations essential to the proper and harmonious
functioning of the Board have to be determined. The possibility
exists for any of a number of formulas to be suggested for the
composition of the board, including SANDAG being voted to sit as
the APCD Governing Board.
FISCAL IMPACT: Undetermined.
DATE TO COUNCIL
4/21/92
RECOMMENDATION
LETTERS
YES
;It t.\_U
...._.._.______._~i
CA AB 3734
04/16/92
Page 1
Amended
AMENDED IN ASSEMBLY APRIL 6, 1992
AMENDED IN ASSEMBLY MARCH 30, 1992
ASSEMBLY BILL
No. 3734
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Introduced by Assembly Member Hauser
February 21, 1992
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
An act to amend section 40980 of, to add sections 40322.5 and
40704.5 to, to repeal and add sections 40100 and 40152 of, and to repeal
section 40153 of, the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 3734, as amended, Hauser. Air pollution: district governing
boards.
(1) Under existing law, the governing board of a county air
pollution control district is ex officio the county board of
supervisors; the governing board of a unified air pollution control
district is ex officio the board of supervisors of each county
comprising the district; the governing board of a regional air pollution
control district consists of an agreed upon number of county supervisors
and members of the city selection committee from each county, which
committee consists of the mayors of the cities in the county; the
governing board of the Sacramento Metropolitan Air Quality Management
District consists of county elected officials, as specified; the
governing boards of the Bay Area Air Quality Management District and the
South Coast Air Quality Management District include members who may be
either county supervisors or mayors or city council members, as
prescribed; and the governing board of the San Joaquin Valley Air
Quality Management District, which would be created under prescribed
conditions, consists of county supervisors and prescribed city members.
This bill would, on and after July 1, 1993, require the governing
board of each of those districts, except as specified, to include both
county supervisors and mayors or city council members, as determined
jointly by the cities and counties in the districts, as specified.
[:.) The Bill ,.auld, if that aeteE'lllination is net Illade before July 1,
1993, E'e~uiE'e the q07erninq aearao of those aistricto to censist of
Illembers "ho are mayoE's er oity oounoil memBers and members ,.ho are
oounty superviseE'S baaed on the pE'eportion ef the population in the
ineerpeE'ated areas aHa in the uninoeE'poratea areas ef the aistrict,
appointed as preooriBed. (A] By imposing new duties on local agencies,
the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund to
~cto..-s
CA AB 3734
04/16/92
Page 2
pay the costs of mandates which do not exceed $1,000,000 statewide and
other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement shall be made from the
state Mandates Claims Fund for costs mandated by the state pursuant to
this act, but would recognize that local agencies and school districts
may pursue any available remedies to seek reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
state-mandated local program: yes.
The people of the state of California do enact as follows:
SECTION 1. section 40100 of the Health and Safety Code is repealed.
SEC. 2. section 40100 is added to the Health and Safety Code, to
read:
40100. (a) on Except as provided in sUbdivision (c), on and
after July 1, 1993, the membership of the governing board of each
county air pollution control district, including any district formed on
or after that date, shall include (1) one or more members who are
mayors, city council members, or both, and (2) one or more members who
are county supervisors.
(b) The number of those members and the method of their selection
shall be determined jointly by the county and the cities within the
district, and shall be approved by the county, and by a majority of the
cities which contain a majority of the population in the ineorpora~ed area
of ~he district.
(el If the membership ef the ~e~ernin~ beard ef a distriet has
net been determined befere July 1, 1993, pursuant te subdi~isiens (a)
and (bl, the ~e~ernin~ beard ef the distriet shall eensist ef members
whe are mayers er eity eeuneil members and members whe are eeunty
supervisers, based en the prepertien ef the pepulatien in the
iBeerpera~ed areas aDd iB ~he uBiBeerpera~e4 areas sf ~he distrie~.
persens whe are eeunty supervisers shall be appeinted by the beard ef
super~isers ef whieh they are a member and persens whe are mayers er
eity eeuneil members shall be appeinted by a majerity sf the eities
within the distriet. A distriet may subse~ueBtly establish a ~e~erBin~
heard in aeeerdaBse wit~ suhdi~isieBs (a) aDd (h).
SEC. 3. Section 40152 of the Health and Safety Code is repealed.
SEC. 4. Section 40152 is added to the Health and Safety Code, to
read:
40152. (a) CD) OR (D] [A> Exeep~ as provided in subdivision (e), on <A]
and after July 1, 1993, the membership of the governing board of each
unified air pollution control district, including any district formed on
or after that date, shall include (1) one or more members who are
mayors, city council members, or both, and (2) one or more members who
are county supervisors.
(b) The number of those members and the method of their selection
~lt A. - /.,
CA AB 3734
04/16/92
Page 3
shall be determined jointly by the counties and cities within the
district, and shall be approved by a majority of the counties, and by a
majority of the cities which contain a majority of the [A> population in
the <A] incorporated area of the district.
[...11> (e) If the meMBership sf the 'ffe't~erFJi1ig board of a riistriet hss
Bst seeR dator~iRea Bofare :Nly 1, 1993, ~~rB~aBt to G~bdi7isisflG (a)
sad (8), the ~a~arRiR~ Bsar4 sf the diatriet shall Benoist of mamBors
l~.ho are 1fla}~ar.g BX' ei ty esuRoil mG1fiBer.s aRa mambarG. w.nD arc eSNRty
sN~er'liBarB, bascd OR tho pra~ertieFJ sf the population in the
ineorpoEutad ar~aB BRd in the NRineorpsratcd ar~aG of the distriet.
rOZ"GOliG l~"'ha are esaRty superviBoZ"s shall se appaiBted BY tho boars af
s1:1.pervisars sf l,thiah tho}. arc a 1fle1fiser alia paZ-SOliG ld:lo arc mayer-s ar
sity SSNllsil memsers shall 1313 aptlsillted sy a Riajority sf the eities
withill the distriet. A district Riay sNBse~elltly estaBlish a ~cYcrllill~
board iR aeeordaZ:H3S! l....itli BubdiviGio13.s (a) aRB (13). (.,"1I..J
[A> (d) This section does not apply to a district if the membership of
the governing board of the district includes both county supervisors and
mayors or city council members on June 30, 1993. <A]
SEC. 5. section 40153 of the Health and Safety Code is repealed.
SEC. 6. section 40322.5 is added to the Health and Safety Code, to
read:
40322.5. (a) Notwithstanding any other provision of this chapter,
fA> except as provided in subdivision (c), <A] on and after July 1,
1993, the membership of the governing board of each regional air
pollution control district, including any district formed on or after
that date, shall include (1) one or more members who are mayors, city
council members, or both, and (2) one or more members who are county
supervisors.
(b) The number of those members and the method of their selection
shall be determined jointly by the counties and cities within the
district, and shall be approved by a majority of the counties, and by a
majority of the cities which contain a majority of the (A> population in
the <A] incorporated area of the district.
(c) (A> If the membershi~ sf the ~overnin~ board of a district has
net been determined before July 1, 1993, ~HrsHant to subdivisions (a)
aHa (el, tao ~evcrHiH~ eeara af tao aistrict saall eeH5i5t of memeers
\w.he as Mayers er eity council mcmbers ana memBers i.:ho arc county
supervisers, eased en the proportion of the pe~Hlation in the
iReer~eratcd area~ aHa in the aHiHoer~erated areao of the aiotrict.
Persons \ORe are county su~er.isors shall be a~~ointed by the beard of
aupcr~isers af uhiah ~hey arc a mcmBer and pcraoRa ,:he arc mayoro er
city council memeers shall ee appointed ey a majority ef the cities
..ithin the district. ~ district may subsequently establish a ~evernin~
hoard in accordance with suhdivisions (a) and eel. (~]
[A> (d) <A] This section does not apply to a district if the membership
of the governing board of the district actually includes both county
supervisors, and mayors or city council members, on June 30, 1993.
3tt ~ -1
~___>"'"___'__'"_'_H"__......_.>
CA AB 3734
04/16/92
Page 4
SEC. 7. section 40704.5 is added to the Health and Safety Code, to
read:
40704.5. (a) Notwithstanding any other provlslon of law, [A> except
as provided in subdivision (C), <A] on and after July 1, 1993, the
membership of the governing board of an air quality management district,
including any district formed on or after that date, shall include (1)
one or more members who are mayors, city council members, or both, and
(2) one or more members who are county supervisors.
(b) The number of those members and the method of their selection
shall be determined jointly by the counties and cities within the
district, and shall be approved by a majority of the counties, and by a
majority of the cities which contain a majority of the [A> population in
the <A] incorporated area of the district.
(c) [A> If the memeershi~ af the ~overRiR~ eaara af a di2trict ha2
Rot beeR aetermiRea before July 1, 1993, ~arsuant to 2ubdivisisRs (a)
aRd (e), the ~averRiR~ board of the aistriet shall cOR2i2t of memeer2
\.~ho arc mayero er eity eauncil lRcmbcrc aru:l memBers \.9ho .:lye ceunty
su~ervisars, easea aR the preportiaR af the ~epulation iR the
iRear~arated arca2 aRd iR the uRiRcerperatcd areas af the ai2trict.
Per20RS \:fta are eauRty 2upervi2ers shall ee appoiRted by the eaard of
Dupcrviooro af \.~ieh they .:lre .:l memBer ana ~croona \:ho .:lye mayero er
city eouncil members shall ee a~poiRtea by a majarity af the cities
\:ithiR the aistriet. A ai2trict may suesequeRtly estaelish a ~overRiR~
soard iR accordaRee \:ith susdivi2ioRs (a) aRa (e). <".j
[A> (d) <A] This section does not apply to a district if the membership
of the governing board of the district actually includes both county
supervisors, and mayors or city council members, on June 30, 1993.
SEC. 8. Section 40980 of the Health and Safety Code is amended to
read:
40980. (a) The Sacramento district shall, at a minimum, be governed
by a district board composed of the Board of Supervisors of the County
of Sacramento.
(b) If the County of Placer submits a resolution of inclusion,
pursuant to Section 40963, one or more elected officials from that
county shall be included on the Sacramento district board, pursuant to
agreement between that county and the Sacramento district board.
(c) [D) OR <D) fA> Except as provided in subdivision (d), on <A] and
after July 1, 1993, the membership of the Sacramento district board
shall include (1) one or more members who are mayors or city council
members, or both, and (2) one or more members who are county
supervisors. The number of those members and the method of their
selection shall be determined jointly by the counties and cities within
the district, and shall be approved by a majority of the counties, and
by a majority of the cities which contain a majority of the
[A> population in the <A] incorporated area of the district.
[A> (a) If the memeership of the ~everRiR~ eaara af the district ha2
Rot eeeR aetermiRea eefare July 1, 1993, pursuaRt ta susdivisiaR (c),
,~ A. - ~
CA AB 3734
04/16/92
Page 5
the ~o7erRiR~ Baard af the distriet shall eaRsist of memBers who are
ma}gers ay ei'ty eS\ifleil me.m19e.rc onci mcmBcro \w.ae ar~ eeurrty s1:l}i:Jcr7isoro,
eases eft 'the preper'tisn af the. papulation in the inoorporates areas and
in the \iRifleerpera'tea areas af the. aiotrict. rcroono \:he are ee\iRty
oupervioors shall Be appaiRted BY the Beard of supervisors af ^hieh they
arc a mcmse.r aHa pe.rOORO \.~e arc mayor a ey ei'ty eS\iReil IRcmbcro ahall be
appeintea sy a majerity af the eities \:ithifl the ais'trie't. ~ho diotrict
may 13ubsequeRtly establi13h a ~overRil'lg Boare. il'l aeeordal'lee ,lith
13ube.ivioioR (e). <A]
SEC. 9. No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by the
state pursuant to this act. It is recognized, however, that a local
agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.
:Ft c.. -q
SRN-DIEGO COUNTY OIR
TEL No.619-557-4199
Rpr 15.92 16:03 No.015 P.01
flofpage6 ..~
COUNTY OF Sl
Bill Number:
Author:
Present law:
PrOPosed Law;
Recommendation:
Discussion:
~.
CHIEF AOMINISTRATI CO,
AGENDA ITE~ Depl.
Co.
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Ph:?;!;rf.....-v-
Fax II
Fox
LEGISLATIVE ANALYSIS
AB 3734 (as amended 3/30/92)
Air Pollution: District
Governing Boards
Assembly Member Hauser
Established air pollution control districts and air quality
management districts, and specifies that the governing board
shall consist of the boards of supervisors. ex officio, in
those counties whi ch are exactly cont iguous with the ai r
districts. Establ ished separate and diverse procedures for
the appointment of members of the governing boards of
multi-county districts. With respect to the South Coast Air
Quality Management District, requires three appointments to
the governing board to be made by the Governor, the Senate
Rul es Commi ttae and the Speaker of the Assembly,
respectively.
Would require single and multi-county air quality districts to
include on their governing boards representatives from cities.
Counties and cities would be responsible for determining the
compos i t i on of the governing boards. If a determl nat i on Is
not made by July I, 1993, the composition of a governing board
woul d be based on the populat i on of the incorporated and
unincorporated areas of a district.
Oppose
The sole purpose of AB 3734 is to provide cities a policy role
in the development of air quality district rules and
regulations for attaining federal and state ambient air
quality standards. Specifically, some cities are concerned
th~t their land use responsibilities might be infringed upon
by the rule making authority of air quality districts over
indirect sources of air pollution. The bill, if enacted,
would provide cities a major role in determining how indirect
sources of air pollution are addressed, but could adversely
affect the integrity of air qual ity attainment efforts by
"balkanizing" the decision-making process with respect to
regulation of indirect sources.
AB 3734 also raises an issue of proper representation. In a
single-county district, such as San Diego's, all citizens are
equally and directly represented by county supervisors.
Unlike a board of supervisors, whose members are elected by a
region's voters, appointees from cities would not be directly
"j'( A -I D
~H~ UltbU lUUNIY U1H
~B 3734 tHauser)
Fiscal Imoact:
ItL NO.Ol~-~~(-41~~
H~i l:>d': lO;Uj NO.Ul::O rc.U':
Page 2
accountable to the voters they govern through the district's
regional regulatory powers.
The California Clean Air Act requires air pollution control
districts and air quality management districts to regulate
indirect sources of pollution. Regulation of these sources of
air pollution -- which include such things as employment
sites, shopping centers, schools, sports facilities, housing
developments, and commercial or industrial development --
could require mitigation measures that impact the local land
use responsibili ties of ci ties. The League of Cali fornia
Cities has responded to this perceived intrusion on the land
use respons i bilit i es of cit i es by sponsori ng AB 3734. The
scope of the bill is limited in that it does not propose
having cities bear the same degree of financial responsibility
that counties have for funding efforts to meet federal and
state clean air standards. The potential infringement on the
land use responsibilities of cities does not warrant limiting
the authority of air quality management districts to adopt
measures that mitigate indirect sources of air pollution.
A county board of supervisors, collectively, represents all
the citizens of the county, including city residents. A city
council member or mayor represents only the citizens of a
city. In some instances, council members are elected by
di stri cts, and some mayors are appoi nted by other counc il
members. Depend i ng on the method of se 1 eet i ng counc 11 members
and mayors, having city representatives on an air quality
governing board could effectively disenfranchise a significant
segment of county voters.
In summary, AB 3734 is not an appropriate response for
addressing the role of air quality districts in mitigating
lndir~cl sources of air pollution.
Undetermined
1ub.17a4Jb
?l<f>..-li
California Cities
Work Together
League of California Cities
1400 K STREET. SACRAMENTO, cA 95814 . (9161444-5790
f...
fEF3E1
~ Er;::!1I'
tEl E.; D
E;.e.
........
Sacramento, CA
January 28, 1992
TO:
Mayors and City Managers in Air Districts with
No City Representation
FROM:
Yvonne Hunter, Legislative Representative
RE:
City Representation on Air District Boards
WE NEED YOUR HELPl
Background
As you know, last year the League adopted Annual Conference Resolution #48, which
directs the League to sponsor legislation requiring city membership on single and multiple
county air pollution control districts. Assembly Member Dan Hauser, a former Mayor and
Council Member of the City of Arcata, has agreed to carry the bill for the League.
What the Bill Proposes
The proposed bill currently is being drafted by the Legislative Counsel. It would require,
by July 1, 1993, the governing board of any air pollution control district, unified or regional
air pollution control district or air quality management district to include both city and
county representatives. The number of city and county representatives serving on the board
and the method of their selection would be determined jointly by the county and cities and
would be approved by the majority of counties and the majority of cities with the majority
of the unincorporated population within the district. The bill's requirements would not
apply to any air district that already includes city representation (i.e., newly formed San
Joaquin Unified Air Pollution Control District, the South Coast Air Quality Management
District, and the Bay Area Air Quality Management District). The bill may be amended
to reflect suggestions from impacted cities.
What Your City Can Do
If our experience with last year's SB 124 (McCorquodale), which added city representation
to the new San Joaquin Valley Air District, is any indication, this bill will face stiff
opposition from counties, the agricultural industry, and perhaps other groups. Thus your
efforts at the local level will be critical! Here is what you can do.
OVER. . .
3Cc c... - ( 2..
1. Talk to your local Assembly Member and Senator and get a commitment
from them to add their name as a co-author. If the legislator is unwilling to
be a co-author, try to secure a commitment to support the bill. Explain to
them that air quality planning and regulation today requires a partnership
between cities and counties. Limiting air district boards to only county
supervisors is outdated and unfair; it also gives counties indirect land use
authority over cities.
2. Where possible, coordinate your legislator contacts with other cities in your
area.
3. After the bill is introduced, talk to your county supervisors and try to gain
their support. While we anticipate extensive county opposition, some counties
may be neutral and some individual supervisors may support the bill. If you
can't convince your county to support the bill, try to convince them not to
oppose it (i.e., be neutral).
4. Let the League know, as soon as possible, if your legislators agree to co-
author the bill. Also, let us know about your county's position.
Once the bill has been introduced (probably mid-February), it will have a bill number.
Your immediate and continuous response to requests for support letters and phone calls will
be necessary as the bill moves through the legislative committee process. Action by cities
with legislators on particular committees will be especially critical.
We'll keep you posted via the Legislative Bulletin and occasional special letters.
Thanks in advance for your help!
airdis.yh
3~o..-13
.
"CALIFORNIA DEPARTMENT OF FINAN_~
DEMOGRAPHIC RESEARCH UNIT
REPORT E-5 PRELIM
PAGE 44
SAN DIEGO COUNTY POPULATION AND HOUSING ESTIMATES
..JANUARY 1. 1991
CONTROLLED
------- POPULATION -------
ill::!
CARLSBAD
TOTAL
64264
------------------------------.
CHULA VI STA
138722
------------------------------.
CORONADO
26589
------------------------------.
DEL MAR
4884
------------------------------.
EL CAJON
89310
------------------------------.
ENCINITAS
55959
------------------------------.
ESCONDIDO
110771
------------------------------
I MPER I AL BEACH
26645
------------------------------
LA MESA
53253
------------------------------
LEMON GROVE
24311
------------------------------
NATIONAL CITY
55742
------------------------------
OCEANSIDE
133734
------------------------------
POWAY
44474
------------------------------
SAN DIEGO
1130034
------------------------------
SAN MARCOS
40233
------------------------------
SANTEE
53198
------------------------------
SOLANA BEACH
13024
------------------------------
VISTA
74234
******************************
TOTAL INCORPORATED 2139381
******************************
'3'1e.. -/~
PR I NTED
-
"',
~CALIFORNIA DEPARTMENT OF FINANJt
DEMOGRAPHIC RESEARCH UNIT
REPORT E-5 PRELIM
PAGE 45
SAN DIEGO COUNTY POPULATION AND HOUSING ESTIMATES
JANUARY 1. 19
CONTROLLED
------- POPULATION -------
f..!.ll
UNINCORPORATED
TOTAL
409347
****************************,
****************************'
COUNTY TOTAL
2548728
* HOUSING UNITS BY TYPE FROM
WE EXPECT THEM TO BE AVAILI
i
,
I
I
\
.~A " ' l5"
PR I NTED