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HomeMy WebLinkAboutAgenda Packet 1992/04/21 Tuesday, April 21, 1992 6:00 p.m. 11, ,~C~':" :,,'1 '",:r "'/I:'/t'; Oe :'ef'~;;r\/ th~t .. am t ":I\!S.:i1 in the i ".i iJrt-'.~ t:l'l~ : (}I')sJ-ed Ul~ i-\fljc~rn B:i,,~(d at " cj .","'" I"H ki..,.; "end ,at City Hal~n . 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. 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I{ wff€ IV IS r4-C TI; rJ ,;,sf>.!, .,-0 13<- TIri'I'oN Y ,+LL CoNCfOt'-,J€}J -ro s-rop 11fESE VIO,-",r-laNS AN D f'" /JFo ~Cf -rillE pv R pas € t. :teN rEe NT oF- 71f IS 0 P. M/ANCc ' 1'. ~ ~ ~~t::;:;'~ ~ 'P...."k ~, W'!<- ~ ..J p~S / rl """ 6. 'P i< elM P r ,+cA" '" dYe 7IlcJ. ~ ^""- ~c.dj, ~ ~ -;&, -:nd'Ctfr'T ,4-STI,"ol % 5"/11 P -r H!; S"€ F LMrM Iff II Jd Jri-Ja)/S. L /;':f.-rf" d f'. p!-!l4!'1e ts I't-Il- E- D fC (oJ 0 11 tl- L tJ E lj TM ~ ~"EO IVO T ~(J Fo "- G EO!!' =-~==~= = ~ 12- 'J.: wdt) (lJJa-3/wll['"* /.~tttv$~ (~tq) 4-7t# -[II q 1- / )-;~v'/ . 1/,," :' L~J""':-I)J'r "I " ,.' '. '- / 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~/ //,- L-c:.7.;JL---7I1 . -.1 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?- :--~-~ ~~~ --- -- 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. .....p ~-~u,J 1-7~-~/9L /' / // (/~~ {F)4<A.t>1 b jO( cHu~A VlSrA;;vJftYd~~C/rY COU/JC/L U~)Jq2-- J- f../DVS O./G- ,...J)(Jf{Dr,,/lffo~ //'" I F~(J/v1: PIt:-Y5C6-1Vl; /VLrJ~/L€-,JfaMt PfT-fU< f<,8'tDe-flif r<EF: PfZDC-~~>r of ~FF()r<..r TD 'PU~cltI\-S€ BfrYSCc-Nf- /VI 0 B I'-~ HaM 6 fit/<.1< 13 Y /:6-1 I'D e-rJiS ~ -r-k-~t?Y 73~~f~ ~ of 0 d./~.......~~} ~ ~ 0 '. .j;k ~~ ~~ . ~~~. o ~~ 0 -. t71/~~f#t~. l' u< . r i/',U;ti.. ~ ~) @) ~.~ti~~~fo~ ~~-,- ~~ ~ ;1IlcJsr ~ -/.-R. ~~6.. VIS / rld;tJJ p LA-US' I ~ Lf ;v1 e:-.-rtfo D S' . ~ ~ ~ @ ~r~l . 7t;k ~ J~u-dM @ . 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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 . , :" . l.r 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 - . <lit ( ~Dev~' "U1~~ ~ I:DRTH [ P&I1.1~.611 .' .J rLOCATOR ~IoJWlpet.,l..,~ . . ) ~~1'.!:~u:~r. .... '..:.;1 _c,~s-' '1 . ., (: '. 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. OZ1lMI) 2 '-j i" . ". ..... .. L' . .,.' : >>..'"':. . . o BuilcUng mounted budne.. or building J.~e~~ dqn. .hould not extend beyond the roof line - -'''~:a _ha 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) . \c-: ",.'i . ~'- ,. .', '. . ......;.: . ~ : . . !II. .' -'\ '. , ;' . . ".. . .' ., '."..... \' ~ ,.\ '. O' ;~ ... -. ' . .., .- I. , " . ., , , ". ..."'. "'. ;: r ~ " . :. - .... .. .;>\., </i .-f ~ ',' . '. . ...'.. . , .1 CW\MI) 3 - t-4 ; "- , ",. :: --"'-:1 . ;'\,'f-":':' , ') . ~I' -r , "--,: .' 0/06192) Building Mounted Signage · /lr4X/M(lf1 ~~ I~ONe ~ /lfJr /tY t/~ fi>>r,f /:J1/k:rt1/? II" /~r tt euu:r/.6 /1'fB ~ ~o ~rePr...W~~~ ' · /W-6 tJ,{t()/))!7 ~GrUi!6 t:f3e' 4f.( /~ ~ I~ ~ ,p-7f6,4fCft~ ~ coerDDD DCDDDOn ~ DO , 1!te.t:u1vf If AU-- /!iIIt{JjAlG l1otlN{ep /3(JtI~ ~I'" !fVfUlA.J6. /C1fM7Ff'*17C},/ ~ m A- t'I$r:e "liP ~~ ~lWe- ~ gf-#1e:B tS/6flJ5 fd1f!A ~p '1t8/C-) MV' MT !!iXC$11tL M'WMtI/tf /Mt(J//./G iftXI/.l!!::O ~ #!i't f't:PMf/lev ../Ji--1'rn- f?:/;U:Y1>> fflC6 t1~ teVlCii.J OpHl1~ }WI ~ve If t$1V ~ tflt; t:r{ft. Mf1cI+ ~~ ~ t:er tfJ/'"1ff IIJ ~ !?tllreU,AJ5;5. 72 a .~ -,."f , . { ': _'~ f, ."j ~ . . ... .~.&. . -',. . (lI002) . ...... .1": -, .;. Building Mounted Signage 1M:XI1'1P}{ ~ ~ 4!e t:JttW-e"lfJf(" f'i!/' ~~ ~ff ~ {:t;lt{?It1)G" P(" I~ }: ~ f,(;/?I?IAJ5I"'/'lCe (X.' r) II" 1~()t'1*. ... 4//f/tWevtJf-o I:) ~~~ ~ '/ onODDDDDOO D 00 DlD CO DOlO 00 J tll/t;WL- 1iW"~ -t f!,t;/t.P/A1G (x) , AVP/(1 f74t.J[)J/ol t>!Z-G 4N! !'~Henr ef tD/w/).}:b ~5 nODI DO 000 0]00 00 ~2 0 00 >- } , 16'~ [J/fff~{(~ ~1ir~ 1t~/bIJ t1fti? 1k.. ~ GcI~~ t:iPT ~ IA! 72b ,-, , ;., - ~ . . t , ...' .....' . -;, , Building. Signage Placement and Character ,.- . ; N/!irV flr~ '"' NJ.,~ ~ CVt.o/~-(I:r~ ~ ~==:t- Po /I'r fJLiW ~ /.eTTl!fI!-S 7- OXWP tJt!P1.tJ ~ 7Zt' ,. ~ 1f7kd(~ . rc Iff Ie@.! t:;6;J ~ .(11 /iX1l!1JP fl!!PD-tlL 1'f''''' tstao ~.f1lt ~/.(J(1J6 . .\ , . ... /We ~ /' ~,w~ m:t tie ,v-q,'itP-1 uw.. ~~~~Itl1k- fj;.(tp/~ :l'~::511' ~ %-~ /It'r #(-1ft:: ," ',. '<'I ClIIl6I9%) . . ," , 720 : ' . : '1,. .I'. '-1 10 ..... ;.~. :" ;'.. .-.. . ". .. ; . ~".:-,:': '. Back-Lit Building Signage . . -. '.~:.,: t.~ f. ~ ;. ~.. ~;, " ",," .'1,- ~.- ~~ . ...J f1t.IO ~ /lI/fIl /Ml'Wt'- ~ .w /%P-t; ftJ:: < ~'( /.fr ~~ MfI< I.t5tfr t:itwlA/EI ~ /f&xJ- 6t;t$ ff 5JlM!#- ~ , 1 I". Internally-Lit Opaque Building Signage ::trn~!'-~~ M~Wf:I<- t:rr~, .." # . ...4-';J'':;'._,~ ;..w: v. t~; "~_\~ . . 1ty~~,.. ,.' ~ ... ','.' 1, i..........,. '"",.\i}''',...f , Xti!]C:'i"~t.~.~ " '. '\A~~~!'!.: . . ,'. :~W~I ~:", " ," \ .....'... ";'1.. '. ,.. \~"'~ '. ,'!.~ ~":~~ J ....... \'..l(' ~~ "~ " . ,;::~~ ,. ~~~~- r;a;; "If # ~ Up-Lit Building Signage .. . , . . " 0/06I9Z) 72d - , . . .. ~-8 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 - ~<; "1 c ,-. ., .1 -' 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) . . (I2tI~1) 3~ ~..I /,P Building Mounted Signage · /ItltX/H(lf1 ~~ 1~(Wc ~ /?br flY LI~ /i>>r,f liIltcrt1l7 Ir /~7- tt eut{;y~ /!'r;B ~ /00 . ~ fe131... W~ ~ Ui$~ · fINe !Xrt{JI/Jb ~~ ~~ ~ !~ 4'1/~ f?tt*r ,f-7#:S /tt4t~ ~~TI OOr:rDOD D 00 00 00 ~ .DO · me':::ui-t #f ~ /!iI/t{JjlJG /1~tlN(ep evs~ IIlI/fil" tvltUAJ6. lawrlFt'*77DA! ~ m A- t:i1&8 /1dLP;qs. ~~~we-~~~t5/~S~ ~p rttetr-) I*t1 MT liXCC8l-lh.. MWMtI/'I !Mt{)/J./G i/tX'/I!!::tJ ~ #fi"r ft:J2M1/7W ~""''tt" [:v/ti)//Jb fflC6 . "'" ~6tJ fZeV/f3JJ Ct:?HI1~ IffY ~ve If- tf&rrJ ~ tr{t; /!i:J t:4ft: Mt7C/f ~~ ~ eer ff)fflf IN #te. ~ &tllreh'~. .' (3/06/92) 72a~ ~'17 Building Mounted Signage _ Il<<XIfllII1 ~ " t1!e:>ltWi!' IfJJT ~ 1f~~PT ,t- ti//t{;1/1JG / IJ('" /~ }{ ~ Ct/1U//,{j7 /?lC8 ()(. r) " Idoq#. ... 1.tI/f1Cli5ve;t-./~ U:~~ ~ ODODODOtJtJld DQODDDODOO ,00 '>- .J. t/}/cwz.. 1iW"t% ~ ttllUJ/tIIG> (x) ~ , AVtl/tJ fflV/)J/./ r5(Z-G ~ f'~ffe.rr ef tf;IW/iJb ~5 ODDDDoao DDDOO~;}O ,100 ~Dl~ {fJ1/EW C-r?MM({ {a:; ~e It" ~16tJ tJf tr(lJ ~ ttI-t/- ~ tlqt fIfe/3 ~ tf!!:T ~ /,1/ IF'<... ~ Gi/~ABS. (3/06192) 72b~ (,1V ._._.....__._.___.._ '___,_'__"_'_~' .__.___'.m'_._'_......____._.__.-.__.__.__..___._ Building Signage Placement and Character NJ9N fi'6~... IrfL. eJ/~ +tI.L t>>W/M!?-I/:i~ ~ f)O N'T tfttI/IJ aGIJ terll;Jl-5 +~p ~AI?1?Il;~ IT" t::I1:e!) If~ lX;f.I}/,a;, ~~f*W~ kl*> (JJ/IlW V/CUeJ?.fI- &~ . ~:~t~ :~*";'f}/~~: :t~\~~~~i~(~~~ ;""";:::;-,,;~'~" ,'"s;,"' " ,;<.~~:~,,~\;1i.;'j;.'!;.. ,; , 't:;;;~'l..~~,~ '~\'''''_ id'J:~.t ." .."~ ~ ..,~~: ~~ii-5~.,.,~...,...~:.-\tJ.J'lt': ...,p-tl'.h:k-'<n~~~~'~.&!'~i'-'<:4j~~l:~ . ~;7;."'11i- N.;' '.:~"~';~~."f~~;...'''' . ~.._.,... . " ') ~~~~ ,~ .,.. ~'-:~--:.~,,~ '~~;:{~..;,'t};*"...... .Ic;;''-'''"'''''''"''''~ t,>:-:-.~;~~~u:\;" P"-'-'''-1'':,:~~''""'' ~"",~~~~,.~ ~$ii~~ aJlff /'dLM ~ ~ ? ~" fe'I:i'J[)-f1<L 7'f'.r ~ Df ~ t?UUJ/JJ6 IW'e /!4'LaA>> / ~ Mi //J1l!lSMI- w;;p~~ PP~~M-ttv- lULIJ/Ae> tr;,.{':J7l' ~~ 411 /~ /f'v*r ~ -me /!.UtaAP (3/06/92) 72c ~ &~/~ Back -Lit Building Signage < ~'( /.{f ~~ IVIfI< ~ t:Itz.lJ/AJ!7 ~ !t&Xt- ~'r5)/V#- ~ WUo~ III/fh MllZ'WtL.-1Je>ltl71J!> . fer 1\tI'l'J/P" tvJim'? .,f.--fi'r:I"--J,.Jr~ ,-~"j.~ . .ii,'-~';i;:'i.~~",,' ;,. :I. ';:)jfi~~'f".~-;~". . ,';J..} .........,"'.~.~~,.:.4... - _ r'. . ""~:V~~"Lj .\t.I':..~. ~.(.:At.-c'~~ ~... ~ _ .,.,....r.. :.<.tt'3~., o;i,~~ *9.,;-,: :.. "'-'rI~7 2"~_ ,..,.." ~~:':.~ . ':~:'.~' :.;/~i'::;";;.~:;:; 'H~" M1Jf? . Internally-Lit Opaque Building Signage \ Up-Lit Building Signage (3/06/92) ~ ~;).() , ~ 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. - fl.--3. J - '-.2./ I 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 .. .' , ~-Jl.<U" Susan Fuller, - 2 - ___ /9 n:- (, "I.').;. ~ ,? .tI...IL/',,;'.," Chairperson . DESIGN REVIEW COMMITTEE MINUTES January 13, 1992 . Il-J.;J '23 <~ ',.- -~ DESIGN REVIEW COMMITTEE -6- - 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. ,"" ~ I j~' , '} " '" 0.--/ J 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 --7' ..:f' - ~ ,. .2.S" PLANNING COMMISSION MINUTES February 12. 1992 ~ -/ 'i:t: ] 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. / 9.'; ~ (,-21 .. PC Minutes -6- 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) ~ ~ ~ ~...t.~ PUBLI C INPUT . -lq.,~ '~2.7 Cily PiClnrllng Commission City of Chula Visla. California 276 F o!.lrth Ave. Chula Vista Ca 91910 RECEIVED \:Ek 1 ') '1''- l ~..... r.. ,,. 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 ~ ~ "3t? CITY COUNCIL AGENDA STATEMENT ~~~ o~ ~ ~'V 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 eJ,.2 I- '1 ~ , 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 J -' Ii. "'1.. .s' ~c.... 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. 1 .,2.~ - ;s- "1-3 ~.,-_.,---,,_..~-~._-,---_._---"_._._-_._,,_..._._,-- .-------,,-.-.- -..---- 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 ~ 'l-~ "'~co~ 'D fj>~', 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 et::::= .,.../ 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 -::: 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 ...... ... ..... ...()..(j....;i.502................. ... ........ ....... ....... AHO~~THE ....................;~A................... ~ CHA_ _ ~AEA' theJ,.toblehofM ~ liInm'"Ion.... _"'1110__ llY~No..2<I51._. lOdv:le'iilA.~~ -:...- w.. amended 10 ~ ... 1110_111___ IliaUlfIe r'Icl.IOId fi'om..." (~'"IWi.itIIl. _ .....::;.7iiO~_ "'___ to 1110:__ 01 _on (1) ...... --; ond . WHeAEAB. _ _ ........-....- so oc:iI'Mcl'lhe 1..."'..1D.. c:r.rnumbor 01____ NOW. THEREFOR!,_ tile Clll' _ 01 1110 ..., 01 ~\/I..._ ".,.,_n .. toHOwI: Il&CTION I: = . IInltiitT_OI __ lloro'lll SU....A ~ =~A!~rSUlI5. IT- 01"'1"......, mo- ellMIIII>> rMd MIIIIIowa: I. INIIIlI T.. of VOCIng _. thWoJIItA..... IUbMCIon A.I, lie _~_ ::';':'~. . a:m Vol!'ll _on ..... 80, l_:IDf"'C21V~- befi on June lID; 'IMi ~ tor ....m -.. Mom_ on June' jel, ,,.: ...... !her' ::'~&~~ __~~nlll:. afIIc>>. .. M4IIM'ent to 1nIt... T"IJ!l!!~ _.... ~,,:lnII101T_'''Ial:: """"III=~" r=~~ W"'=-.J: ~~.onl 011110 . .: ThII _ 2'" '(~AU.'I\I at 00InmI. ~~..!:,-r~,~~f=q~ ~~'=~~ .......... .._. 1110 """-10001__. II!CTIClIl lit ThIl _ UI.04. (_Ilar~ ~ ~~_...~ ;;"'E.:NCki . MombOrO) .. ........"*-"'~ . COUNCIL AGENDA STATEMENT r\\O~ 't--\P'? 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 .~ - &-fp 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 ,-- 2'1---9- ~-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 . )..Jf# ~;/~ 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. . . ) wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 8 '~I/- ?-I/ 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." wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 9 .. -2t1-1;! ~.../.2 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 wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 10 -- ~J../"B-___ J" -3 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. . . ) wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 11 ~t~-J:;I - 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. wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 12 '?-I.f.lf' g- ~ IS- 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." wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 13 .---2'Nr ~-/h 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. wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 14 -M-;"'f- S:-/7 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). wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 15 ~ <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. wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 16 '.2~ f-i~ 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. wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 17 eJ.~ .' &... ')-0 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 wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 18 -'~'f"'-2j_ f-.2/ 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- wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 19 v.h.-xr ~~,{:L 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 wages3.wp April 1, 1992 Legal Memo re Prevailing Wages Page 20 ';).t:J--ij-.. .' ~~ .23 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. wages3.wp April 1, 1992 Legal Memo re prevailing Wages Page 21 ,,-~ 'I":t:f ~~~~ 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 ~ & .. ).J, 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 ~ ~~ft~ ~ .".." - .". ~ ,,~,-ti".}~;4~i~ ,. : .,.:. -"":"r, ..-.~_ ~~4:-'t/~'j:iJ....-#'7'1:.'fl..._ ~..,,, . ';:;'?" ""~" '-",' -~~... ~. .", I~" --c:;. ~ - ~ _. --- -- - - - - - - - - - - CllY OF CHUlA VISfA CONTRACT DOCUMENTS FOR: IT! o o '- 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 - ;;1;j~3~__ _ ._ ?- .d ( ~. --- , \ 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 ~.~ c.- . / 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. 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VISTA B STREET TROLLEY STATIO , ~ r,a larina 1 Boat , Launch - - -.: > , ~ .. I] ~-- /' -- STEL ADA , EXHIBIT D > fa -' ~ ~~ I';' ." - I..... ., I I I I THE CITY OF' CHULA VISTA CALIFORNIA STREET DESIGN STANDARDS POLICY EXHIBIT ~ '::<tj-i/-.:?- P-~I L I I I I I I ] 1 ) I I I ] I I I I I 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. It It 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% - - .-J.-'" =--- / i / 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 -8- ~,--eJr ~ ~"L/'L .. 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~" I I I I I 2~2_ /5:1 r:;;.1 4,5' 4.51 % 2% 20/0 ~ ~ ,;::: I I i CLASS "' COLLECTOR * landscaped slopes greater than 5:1 may be acceptable as determined by the Director of Plannina. 10/12/89 -9- y_ 'l-3JJ/- J/5"-, ~L .) - 1991 , ~ ..-- " TRAFFIC CITY OF CHULA FLOW VISTA '. Countl uken through Oecember 18. ~1. . EX~~~f / I I j, 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. 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II' . .. ... o ... .' ... ... .. '" ... . ... o ... ... .. ... II' . II' ... .. ... " . .. ... "'.. ..'" ..... . . .... '" ... ... .. ... .. ,. . '"" ...: II' ... ,. . .. .. " .. ... . " ... " ... .. . ... " .. ... E... =>u uZ "c ...... .,c =>.. ... ... ... .,. ... . co ... o a ~ " ... ,. .. '" . '" ... ,. co o ... . ... " .. .. ,. . .. ... ... ...,~ ':::3:.--=:":". -. 'Wr/J;t' i/l".g 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 J tj,tjY ~"'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 u -.)..Jf~ - / 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 J-,s~ j#>5. --.... J 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- ~ 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. '? ~ I i 1 i 31 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 :8- ) '7 .24' 5/", - RESOLUTION NO. 12493 ,I 1 :1 i " i I: 1:1:- I: i: " . , ~ , " i: II ! iI' I' . I i ill I l i ! ill ; 1'1 I ~ 1; j : q ~ i i I : :1 , I;' ; ~ II !. II t. I, i ,j , 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 : I': '; , " ',ll :. ,I ; 'I '. 'I , 1 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 , !, :1 "Ii : j' ; . I ~ ; :! I i; :, ij : : L ! ~ II 'I,' i I: !: I' I: ij " I, 'j Ii !: I' ; ~ H : i Ii i: I' j ,i d I, 'I I,I: Iii ! l!i i : 1'- , , i: i !: II " , : I ~! I: !! I: "! , I ~: I " I' 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 .I ('~s; r1 ,;./{-&.O 1~~3 - ,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 ~ f It. ~ ~~-----~ ~~~~ ond Jo..egoing i. A Jull, 12493 , ond thot the .ome ___ 0lY OF l. - JlA VlsrA llCC-660 Deputy City Clerk :utt / 6-1-; /~d.fJ - " l' I: .! ' ;', I; ij . !)t : I: j Ii ! I ! :1 , " I! 1/ , I, , ' ! " ! :1 , , ,,', : ~ I , I , , ", I: :j :: :i I': , " i i , I I " , , i "I : Ii I; !; ;! II " ,I ; 11 t 'I " " jl i II , ../ I , ~! I " , I , ,I: " j .. i. .; I 'I :. i , , :: j. " " : I: '; I' ! ~ U I 'j ,. /; '/. I " , ., , I' .: I! I' ,. I I, ! ~ I! ii" I: ,I I' 'j I ;1 I' , /1 i, I! I, i; il i' I I" I, 'I : i:1 '; /. : t 'j I, , : i' < f 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 , j C I EXHIBIT I .J ,--1'f~r 640 ,-ro::~M L j 11 HI 11..J'l"'::1'iC., L!....! L.. . 125 ~ ~ lOII"lCN _ern_ SNAo:r M ml'T __........,...an~ v.e< ..TI "MIP~C:f'!"'~ C\1k'T11 M ,rn..""t1< ,.",..Orftcmlim:JNlf' --..... omCi 0' 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 ~ (-.,-~ ~..1f:&.t- , 131 I i I I' II q ~ c ! I : ~ ; I 'I I . . : i : I I ~ _.... - 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: p. :',1, t; 5: . J. :) t' ., ~ . 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) ML-9b-9 ' I: ; " I" {l/ V' ~ _.Jlf7cf- TnTOl ~ "'l:! 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, " 1 t ' \,j_U~ j"... 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 ~, ") " ' /~' ,/ 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 f./Jp.~t!"/~/p.pp~/~/t/J~'/.~/~/~I/~/f.!'/.I/~/pt/Jt~~~!~g/~/~pp~~., pp.t~p.~~'/./~/'/.~!~/~~rNl//J~~//vtvVVY~YVV/~~~//rv1Y~~~/~~//tpt'tt/~//'/.~~ f.!'/.I/~/~ff!t~t'/~/~Y~tK//~~~/tAt8/Af~VYY/>>P.'/./~/~tt.,P.~~ ~t'/.p.~.,//tp~'/.~//fpt//~~I//~pt~//pf//~~~'/.~~~~'/.//t~.,tp."~'/.~~//pp.t~p.~~'/.//'/./J//$~t'/.!p~ "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~~~ ~!p'~~!~~/An8/~/VV~/;r~Y;~;~~~/pflftl0)'v~/~trY/~~/~~/vf/~~ !~ft~~~!p~IIII~~~~llif~Ylftn1/~~/pfll~II~~il/VVtv/~/~~/pftP~~~~llpt ~p~~!~#f,1 M/ NYrlYtv~ 1~'Nf,1 ~ !r/vV'ltrWW, I ~ ~ /IIff~P'I~1 MN ## I~~ ~~~t~~pl NtI~1 tWtV~ I MMfMMb/ lilft!-'/iIJ/Jt1 li#;~;p.rJI IWrNYrlVY9'rI I,W I An8llpt!pt PfU~#1 f.NI 1;~r~~p.1 /r/rltlY'Nr~~1 IvY I 1*1 I Mf~ I,.<MW I ftI0).V I #WJ#t1 I ~'/l~JJI I~~ p~~!f,~~p/~BI/cY/fYrl~/p.~~/~tt~~~ftfial~1V9'rI1~~/f!tf,~/pftP~~ftPtv./~1~/f;tI~/~p~ ~~~~~p!~~/~/Y~/~/~NYifV~Y9'rl1~f/~/i~~/;t~/!~!~p.IAfI/VVY'/~~~P~~t ~!~~!~llrI~~IIYV~(t/~/t&IIAlltj~~II~rlrll~~vvifYvg/~IIAtII~AtfV/~pp!~jp~~' !!p'#!p~1 Afl /VV~ If,~~# ,tJtM/l/./t!W Ir/f 1t'ii!~1 tlIM#t1 NQIpfp'YVWif 1""1 MW IP'vv,9'rI Ip~ ~~~/~~~~/f,!~~/~!~~!~/p~~/i~~tl 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 f~~/~A{,II?if~/~1't~~rY~~~~/tp/~/~p~/t~!~pf/.~/~/i~vr/YfYvif/~!~i p~p~f~~~n~~/fAt/~~/~p~'tlpt/~/r~~r~~~~rr~~/pf/~/~if/~r~~!ng~ ~p/~/pp>>J!~jll~~~~/ptllfvvil#llr~~~Yr~~/~~/~~trr/~/~t~~I~/~~~ r~~p~~~!!~II~~p~f~~~n~~II~~II!n~!~~~~~II!nll~~~II~~~~~~"~II~~~~~"j~~~~lljnll~~~ ~#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. ~j~~j~~~ ~j~i/~"~r~/f~~~/t~~~prjt~~/~~~~p~jp~~/p~~j~~~~/~~~~j N "~~I tfltll/ fI,#N IVt IWWeNrtvif l'tp I fpf#~~1 MIll WtWY 19"W'WYIfg' IW~r~f~r I~~~ ~g~n~~1 M4' MYrNWi I PI I ~ Nf /t~# t##I1)\/ leN I tg~~~tl M4' IrfrrNWi Ipf FJ#nng~1 MI IrWI/i#~pN,f fg'QfjlfjfYiiYWi Itn~1 ~,4V/ 1#'Ir~11 NI 1#'1 Ip"!~!t., t#pt~~j/~/lt"'~/MWNr~~r//.l,6,t,l.J/rN1NilfWfllf/rl//.#/lW7Wfj~ t~~pf~~~~~III~r'tI'-IIIWvlllf~~ill~lltwlll~tAtlllf~ftlll~~~~~~.,~ f~~p"~~!p~jlll~pp!~/.llpflltnlllpfll~~~llfpf~gpjngll~p~p~~n~~jll~jn~~~~llpfl WPC 10571 (Rev. 4/14/92> - Pg. 4 Proposed Revisions to Municipal Code /1~,1 ~ ~ t~~ptptlll~fiJJIII~IIIIAr~II~III~IIIYv~v(tyllll~~~~~IIII~p~~~/' ~~~j~jp~lj~/J'/~II~~p~t~~~~~/~AAf/'llg~yv(~v~rty/~~t8/~/~~I f~p~t~l/~/~II~~~r~g/~tv/VYilpfffi~~llif~?ifYY.Y/~fi~~ppt/~II~~~~p~ j~1 IWY N~~~I PlI I? 1#A/1~#1 /Wi I~I M'~ NY I tM/ /rIf#trlrfrtcf Iptp#~pj~'At pf I I~~i I tfJfltWWif I Jlrl I iJAlN,1I /,#~fj~'Ai/ /P.,~yr#~1 I ftfrNWrtrll I .Af%V I MflI I t#~ 'API~t~~~~~~l/~/~~~ll/~/t~~~rt~~/fiAVlvtiltM/lfltltltp~t~fi~~~1~/~~~ ~~t~~t/~/~t~~~pJ~IIY~(/~~II~ppr~~/~/~~t~ttIAtVlpAA/.ll~vpllWYl~j~1 n ~t'tl h# I IrfWrtrlr;YrNrf I .Af%V I PW I ##fitMt/ Ifpf I N~i I I AtV I IWY I #iJMN Ipf pp~~~~~tt/~fi0tv/rlltgVYrvltrflj~/)VAt~~YVlpts~"'t~~'p"ll~tfJfOCYlf~t~jt~ p~~/tppllpflt~~~/pp~~~~~~t/~plt~t~/pt'A~~jt~~jp~t/~j~~p~~/~~~t'A~J ~J 1~~/tfit8/~At)v~~/~~/Vif/~ilvv(~pp/tv~~~;~r~g/~~t~/t~tl't~ ~~~I Ii/.'Iv I Nfl I PW I~## Nvr/W~'tW'/ I tfJtrl I pMI l~n~'~1 IWv 1.AtWW I #NHI /!~ ~~tptP~~t~/~j~~/~~~/f~~/~t~~~ljt~~plj~/~~~/~~t~~tlf~~1t~tpl~~jp~J ~J~~JP~P 'pl'~~/~~p~t~~~~~/f~~t/~~~~pt't~~/P~~~~~J l~~/t~fi~f I Pfl #~#N MI ~1Wl&' ~ /WlNYW I~i /Pv.,~pp/~pplir"g/~~#~fpt #II..MW/.I IW Ipffj~j~J/ ffilW''w NY I~~N,MIIAW fr/ltv?(Wvrftll~pp~1 W.nMtl Nf I~~~ f#tl /iN It~p'lW /W It~N IWWrtrl If#1 /ir/rlltrNYvl I I RMIrlWI NY I MIlA! IY~~~I MYcYVV I~~ ~~p~lltplltM/I/~~/~/~II~lli?Yrfllrfpr/~vrftlill~(yyII~vllptpy'p~pllpf fj~'A~tpfj~U I fi##H#/itfipN I Mt/l#N I t,.ww-M' I MWY I /Wit I Iv(vivr/wrWr/ I IllY I I~ t~~~jp~/pflp~i~~~~/pflt~jplf~~tJ ~J~~JP~P ~~g,~~~t'~9/~~p~t~~~~~/f~~t/~~~~pt't~pJ 1~~/pjt~ttptlpfliJ~~fit/~)0-(;v.v~/Vif/fVVr/YW/~r/i/p~t;p"/~ppllj~9 ~~~f~fpt/~/pfIIWYI~p~~~v~~~II~AtA!.llrf(~Yr/gilptllifffYifY?Ylt~tpt~~INflI~~~ ~~gj~~~tj~'AlAAPAt~MWY/p~i~v~rlpf/~/fltlti/~~/~~t~~fi~~A/~/Wv/~~t~~t f~~/#~~p~l~J ~J~~JP~P Pl~~~'~9/p~p~t~~~~~/p~pptj~/t~A~'t~pJ Nl/N/J#tt8/ /JNlAt/.l ~ /Vif 1~r/r/v'lI~~ttf~ptiltN PW ~ IWMI I~r/~~~ ~j~~llpflll~II?llpvrrrrp~llfptll~AAtfiptv.II~/A{~IIWvllpl~~~j~g p~p~t~~~~~/)v/~/~~ff't'~"~/fiAVlifrvrtrll~lll#~~II~/~""~~~~rp"1t~tM'lVif/~~ p~jpllp~t~~~~~llVif/~/~/pfll~~~II~pyvt~~v~~/~~rfvINflI~/~t/itpllpf Y-~nfpt~'~J ~J~~JP~P ~pJ~t~~~~~/pflf~~tJ l~~II~III~p~~~rrll~/'IIIfV~II~j~~II~llrr~vlll~BII/rI~i~Yr/rIlll~pp~ t~tP~~~~p#jp~1 Nfl It~N IrfW'WWWV I #NPfftviM/ IWv I #/##/.1 l~v~1 tfJlrtW 1~~t~j~1 ~pi~t~/~~~/f~~t/~t/~t~ft~ljt~~p/~II~~~/~ftt~~tlf~~/t~~~p~l~J 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 ~I ~p~~/pf/pfpJ~~tpf'( ~I ~!~fp~~/~~~fg~~.( ~I ~p~f~~jp~~t/'j~f~fi/~~fpt' ~I ~~~fg~~/fpf/f~~~f!~tjp~/pf/~pp~~' ~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 f~ft~'/I~J. 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 ~p~'/.t't~t~'/.//cr/~''/.~~~~~~ptjll~/p~t'/.p~/~/pf/~/~'pl~t'p~1~/'/.~~~ f~"~t~/~~/Atv/p~~ft.~t~Y;/~81/cYlffp;//JII~ft1vtvlt~~~/f~~AV~4Vviflppll~t'/. ptl /ttI I /.~tfi#/r#N./ IYr,i1 Mk/ I#~p'ti I /.YctW Ifptl N I#tft/J/Jj NY I NW l~pt;1 t1iWY I#'/. ~p~t~'/.'lpt/~ll~pt~/'/.~~~/f'~~/~~~/'~pt''/.p~~~~t. 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N ~ Nf I AA&/ tWWWYrN/pI / ~ Irft/~t/Y:r/r / ##MMM/ IW I#~~l#t#' pf/~/ft!Y~r; It is unlawful to intentionally fail to comply with any of the requirements established by this chapter pertaining to ambulances... , tPr.~f.'f.~f.~~//cr/~r;"r/~r/~t/t/r///AnB/IP'~irNltpr.!'tf.~~/AfII;~rft//Pfl/J~,6I.fl/JlVl~tvY/~; P~r.'~~~~I~/I~B/I/cr//fYr/f///PII/~~/~//W;r///"!;I/~AAV/~/It/YII~I '~pf,~pr.~~r.f.ltAt/;.r/Pr/rf~"/~!./~/;rt/~ftt~~'/~AtI/~pf.~/~/fYr/f/Ipf #pfl~pr.~~#J WPC 10571 (Rev. 4/14/92) , Pg. 14 Proposed Revisions to Municipal Code I IA- J/" 'L,/, / /u~ 5.14.030 Permit-Required for operation-Fees-Renewal. A. Each application for operating a studio shall be accompanied by i.lf# #1 ..-'PV'viMW I MS,.-1M4Wv.1 I~t I Ni IfrNJI If"'l t'WV I fAt/JtN I~~I I~Vrlrfvrf I IIN I~)i~ JW.tl4ll'Vr/r//~II'#JNW/'l/Y'Ir;.,r;/ the Reouired FeeCs} to defray the cost of an investigation. The fee is not refundable whether a permit 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 ~ 1hg nonrefundable f~~IAr.llpt~t~~~li/~llpfIAr.lI~~i/~/~)i~/~/~~ ~~~"'~r/~/I~/t~~/~tirr/vlf~/$~~r/~~lr///~/~/.)ft/.~~~h Reouired FeeCs} to defray the cost of investigation. A permit to act as a model in an art figure studio does not authorize the operation of such a studio. 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JfrIWVrfri/ Ip~l~# 't)fpll~AlII~t.Y~II~~111rr/r/vlll1/l~/llrfY'i~~gvllftpA/I/itllp~~~l ,~~tI'tt#p~/ Nf / /tfWr / NWWi /,.QWi / AYIAWV I /WIJJI/ /Pt~fJ#/o~N /p~tI~g )f~'t~/p!t'pplpfl't'~~/~'tlt~tptpl'tlgpppl '/.1 "~N ),pJ.J.#I tWWV /rit'f It!'IpX~1 NI ftMW( IW It!#,41 M/ ~ AI lYrr/v#v I If ~~!lptl'l!tlpt/~ppllt~~'t/~~~'/~'~t~/'t~~/gt~~~,~glpf/~l~/p~t~''tl /.1 ~~~~/tp~'I't~!plpf/~/f~lp~i' ~PC 10571 (Rev. 4/14192) - Pg. 18 Proposed Revisions to Municipal Code )/)./}-J.{) L / ~I ~~~/~ltlt~~~~/~tll~t'tlllt~nt~/t~IP~~~/ptltptp~n~~~' pI '#~n/#/1p}.##I,6f1 NMlWt ~ NWrtV /Wrt Ir~rrlj.rt~~rt/rlf /ln~p'/.lt~~ln~ lIPJ,pttl ~I ~~~nltpnllt~~~/pf/~tllln~/~~ll~/pn~~t/~~~/lnflp~nt~/pfIn~ttp~ltt' JI ~ptlngll~lltpn~lnpPptll~~llp~tlp~llfttcKYll~~t~~/I~II~pt~ tpnllt~jpnt/~/~ni/~/~~~/~/t~~/~/ln/~/~plJ~' ~"'l~p'l MW'fl Im>!>!J!'1 1'I'fl~'I1 ~,4r1 n~"'J~1 /9'f 11#1 /Y~rrfYrtl.ww Ipf ~~~I /WtW1 I M~I 1~~tMrtr/W I JNt#.6/,1 Nt I ~I 1~~'/l~f~;:tf~~1 ~ 1~1~~~t pt/~ni/pflt~I~/pff~nt~t' ~I ~~~nl'~t/~/trtti~~'IJntlp~Jng'IAt/~rtVI1~t~'/~~~/~/rvv~/jn ~~ltINrtrft/Yrtrll I /IN IWrtl.4MAYWY Ipfl /WEt l/JIot#Mt/ Nf I ~ It#~U' ~~~/~ppljt~n~/jtlpnfj~/~p/~tjl~/~n/~p~p~p~ll~/fpt/~jt~I 11 ~ni/~~~iEt/~~rttt1~tfilpjtfi0t/~~rtrt~/p~/1J~~'lf~IIVVlt~n~~~1 t#p#~1 ~y I AW I AV#tNI I~f I IP\rWW I MfMbI I~i/ Nrwr~1 /Wi I MB~ I#~~t 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 '. ' /7, r:7 c/ ,r ,'/ 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 /! ;/'(y "'-',i '7X , , 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 I 'i /l 11''<'1 ' . 1_/ ..' 0''7 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 /) /;' .{;{) L- ',' L-- 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 // /1 -l ) 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 )iA ~' ')' ,/ _. / i- - I I,.?,- 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 j .r., /' J) /{//7 -~ 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 f ,t >1 -t'" i I I " ,.......~, I !.--- i / 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 ~; .;? 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 I ....' ' I.. / , t.s..: &; 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 1/," /" IV,-l'bl 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 /" /' / (J/ , C'i~! (f) {J 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 Ii '/ t '} 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 [7" 7(/ 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 ,''1 '7/ /L" ,"I Ii 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 / / /I , >-1' / L- / };2 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 / ',' ,/ , ,..:..-/- , 1.. 7J 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/ ;' ,~ ,-j 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 , ,/' ': "1 '7 L.., L ,"-I - ./ 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 ' ,Lf /' / (../ 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 /L L? - 73' 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 Battery Mfg. Bottl ing Plants Canneries Car/Truck Washes Cement Mfg. Coal Mining Coil Coating Copper Forming Electrical and Electronic Products Mfg. Electroplating Explosives Mfg. Feed Lots Fert il i zer Mfg. Food Processing Plants Gl ass Mfg. Gum and Wood Chemicals Mfg. Hospitals Ink Formulation Inorganic Chemicals Mfg. Iron and Steel Mfg. Laboratories Laundries Leather Tanning and Finishing Metal Finishing Metal Molding and Casting Nonferrous Metals Forming Ore Mining and Dressing Organic Chemicals Mfg. Packing Houses Paint Formulation Petroleum Refining Pesticides Mfg. Pharmaceuticals Mfg. Photoprocessing Plastics Molding and Forming Porcelain Enameling Printing and Publishing Rendering Rubber Processing Soaps and Detergents Mfg. Steam Electric Power Generation Tars and Asphalt Mfg. 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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 \1.:. - I - z ~ " ~ t- .. W ~ W Gl: t- el) . z . ... "11II t; c w t- o UJ "")<( alw ::Ja: (1)<( :".: ~, '. 'I. -2. /"._1/ ". t-' < ..J a.. c( UJ 0::: <C . :E . o . -, N 0) I CW) o I ~ . .. & ~II.l2BIIA:l~211 ~:l~1I '-..I 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 \'\-/ "I" w I~~; z -wac . ;z". :Z~.., . a.~=!:i-': "'O"-IllI:O"'~ w .........::,..J\- )- I II . aw.;c'.....c8: V A"""\ ~~ "r- '-. 't,\._r...f-.j-........ ,...... "..... ~E.. f- pt I II . 3 . ~;;e:~E;:: . ,~y) .,;x); ~:~-- J -1 7 ./~ F:1. f:: ~. I" !z~..~z=~t! ~.Y'\' $" - '--iL, i-.7~,:::i1F. -. . ~ 1.: ~~:J!:~~!i. ~orY'tf~rf(jp;, ...... L~....~~.~:. ~;2.~:/~rr ~"~Jn7,.i.....s-~~,........o~ ilm, "t c'i~r=~t"'~.u ..""] "-- ~ r I ......." zu.,.zz.c..o:' ... m;: v. .':: """'" .., L- .,\,--' .... -t T ~ 7:"" .....1(' I ~ .lIJ = - IE ~ z t ..... .." "11' '.', ~ .. "C - i I!o~ I,.ltl,.::: o-l. IT: ~ .=, .. ~ ;..'" cl!~c.; '<..... J: I~ ~ " . .:;, Vi v~r v;sT.:... ./ y........... .,.. ~.... u 1>-'" .u~ . ..,cO.... J ~~ f-,. t --;;: J !h !~!!!n~ ,j'~')(/)~.~. " . r ',. .;' I f- 8 ti la.. I,,:.:....'" v/; . ~'" ". 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't::. \ / /., 0 C ~ ~r-~)J 4 r~/ : ~ /+ ~/~'\I ~.. . e . ~ o/.S~~ w ! ) ([ ~ ~ l...... ~. CJ ~ -: ~ ~ "~~ fA ~ · t . ii CD ' ,,' ,,~ i ~ ~ J. ~T ea ..I ~ :'~ ," " -1-r-r" 1"\ fI.~~~ ,.. rD1 ~~..=-.,~.~\, _ """"./" eo!",\\\'" "V ./~ ", .u' ,.. ~~~"\.. '\ _:::.---- ,/ , . - \'1"1./,7-1 ~ ~ .' olI_ . - - - c e-eOl .-c.,._ .!f.I/)~C Go I/) Go 'i.2' U .. I/) ... u ...= ..p - - -- .=..-A -.-.....00 -.."-"- 1/)'-1/) UI/) ~ C II> en ~ -00 I. '. 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 ra en::. ~ ~..( r-> :;. c~ "' -n ,1.- ''''l. {1'\ ~ m, ';1\ .."') {. t.:I "1.':r.~ - ":;c. ~ ~) r" (1"\ ..." ., .,. d ~ 0..:: -" ",..;: ......'" ~~- ~ 1>" 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 \~ .l{ C\I ...J W U a:: <t a.. \!l )... ~ ~ <::l <::l :::! "'t ~ ~ qj C) ... ...: ... CI) ... ... ~ ~~ ^"MO"OH8 ! I- Z '" '" "'- cn=m ..- "'~ ",z "''''" ~'" ",,,, ",,,, .. - '" 9i- ---- --~----~-~~~--- --n------:-:-::s:: -- __" __ _ )... ~~ ...."" ~"'t C) l<J% ~ ... ... ~~ ... ...J W U a:: <t a.. I- Z '" '" '" - "" ..-.. "'- I- ",Z "'''' ~'" "'''' "'''' - .. o~ L_ I);~r-=:--= '" II, '" I~';I I" --H, -':.-::-:::::. - =-== ==_-_-_-=-.i ":..:..~-- \ ~ C> ... ... is <::> 'l: ~ S~,8 ,L9~ I- Z '" ",,,, cz'" "'-'" ....-'.. .. '" u"'", g~o ~~~ IL '" -N I- W W a:: I- (J) o a:: o l.L. X o '" CD N ~ - m - X X I&J li-5/ IS...6 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 ,Z.l - I ~ z ::) ~ ... ~ lIJ ~ lIJ en Q ct o ~ >- lIJ .oJ .oJ ~ ~ o ... (J '" o ~ ~:,; Q.i I' 1 i \. ~ ~;: M:..,VI !....- c....c ~~~ tlc.J~ CII~~ VI C - -L Z C VI <II ..._lII ,,, ~ 21 ~ J.. -~ lot M: .., .., C U I .L .. '" ,.... ;~ ~I .:. i' !31i z;'" ~Q" .~! 11I"- '" C - ,.. .. -'",0 '" -',.. !;:t. -,>u :~~ '" I- .. ... Z I- ~_ .. K Q. 0 ~~"'~ 0",%'" Z tit ~ ,. N 01 ~ Z It ~ .. > C ..1 ::t Z U ~ ~ ~ u 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 :.0 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 amgolf1.wp '/..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 amgolf2.wp ;.;.-1 Ii.j, .j U ~l ~ I,) .:;) ;,S2 L:~ .'}~H ~j l;jl> :\;.lLh 1 i_ \\ C1.lLF [,;1 1102 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 , - / L ~ U3:31.l:92 L n , :~ G 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 .', "-. I j , .~',-""'- 0.3,' :"\U,' ~12 I, n: 2i '5'2U 829 5186 A)lER1'A\ (,ULF If1J (((JJ 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 3 /) /] I----:~' '~ 03..30..92 1 ~l : 2.~ 'B'2U 829 5186 AMERICA/( GOLF Ii]] 005 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 ,-, ') 1'-; , ) . -..- ......<~. /' 03/;W"92 HI' 28 'il'21.3 &29 51&6 A~IERICA"\I GOLF [iIJ 006 (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. 5 'I)') ,,- / j L' , -7- ,4 / 03,'30/92 HI: 29 'U'21.3 829 5186 AMERICA1\: GOLF I4J 007 (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. 6 ") ~/ -)t, c~ __ O.J/ :J(j.' 92 19: .JO 'fi'21.J 829 5186 AMER1CAN GOLF I4J 008 (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 7 ,) .", - J < ) .' /., "-::-:-< .---'" /!J::~ 03..30:92 19:31 'B'21.J 829 5186 AMERICAN GOLF !ill 009 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 .)- In ~ '( 03,' 3'1,' 92 19: .11 'B'213 829 5186 AMER1C\~ GOLF !ill 010 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 9 ~.~ .~/?/ U.3,'.30ig2 J D' :32 fi.2LJ 82~1 5186 AJIERICA\ GULF 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 10 '<', , J~) , - ) ,-- .---,.'.. 03/30:92 18: .33 'li'213 828 5186 AllER I c.-\\i GO LF I€l 012 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 ) 'I -1 /> ~'(~ (",(......" 03"30"(12 I g' ,1.1 'li'2J.1 S2\l "ISI) AMERICAN GULF 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 r) ') ,_:7<(7- p(~ / ()3:.10:~12 Ul::q 'B'~I:1 ,~29 0186 AMEl\I CI \ <;"LE lf1Jou 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 13 )J- ) 'l I~'-+ ,~(~ 03/30,'92 19::)5 'U'213 82H 5186 AMERICAN GOLF I4i 015 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 I q '1 ."7 , '-'.,,~) (~ ..",,", 03/30;92 19: .36 '5'21.3 829 5186 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 ;'i_1L! ' +- C7' cL/ U:J / .3!), ~12 j ::j . 3b ~;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. 16 --/ )>-24 ,-~(-?' [,-/ 03:3U:92 1~) : :.\ i 'B'21:J ,~2(' 5186 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 17 ~,~,p"..)q , , .' '. " .. ~ -r .' 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 1621a ( 1--7 ?( /c9593 .' . ., " 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 ~. rl I ATTESfi~~+,~ e it1'of Chula~~~ta ..". :.~.:;;.;/://~/ ( 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 ~~~ ,,- ~ .~~~ ~~~ ---- CllY OF CHUlA VlsrA -.'1 City Clerk CC-660 , " _'7 <:1 . ....:..~ ,,", I I d 593 .,(1 I' , " " 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. ( -1- r\ "i .--)~, " , )/./ ;~ ",- - ~ J ::J59-3 '.' , " 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. ( -2- ,2" -..'1 I I;) 54-=.3 ," . 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 ( -3- ') ') - -:0 ') I~;:;r; ~ .~~.::-~ .-),-->-,- ~~--z.....J " ~ ' " (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. -4- 1; -7~ .-:-^- ~ /,) ./;2 593 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 ( -5- '1 , ~ -., / ( L/ ) . / / /5'1'3 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. ( -6- ., --, /" \ () /~5~,-'3 .. 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 ( -7- .I-/ / ?'b -' ....-., - ,.- - / -/ :J-I..:::> '. 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 ( -8- " /)?7 !~- \ 0< - .../ / /S/sC/3 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. I \ 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 ( -9- ) '-I,l(" ,~r:.,...L / G /.;/5'1::' 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 / \ -10- , --7 C , /)~l-.7 .-,""",-'-'- / 1;/'5 '9.3 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 .{ \ -11- , , ~ "I{', / '-'"")--"'"3 ,-r:-,?-',-/__ , , ' (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. ( -12- ) '1" // ,::.".<~ I ~-=, 'I? -~--f~ 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%. ( -13- , ') < ~{2 '.-._ ~.7"'-- , /;;-.:7-,;3 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, ( -14- "., ". 'I'., / --L, '> <~,~ ./" Id,Yd 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, ( -15- , ,; _ I.)L-/ - /~ ' . (,:-<" -- : -I ./ /-:=/:.-' - 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 ( 3","~ I! Gc /1ayor of(/'th Ci ty 0 Chula Vista 0314a -16- ./ " '1 _ if L, -,- ! ,,9593 , -, /' ( , ( \ EXHIBIT 'A' .' . 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. 897 .... "/ il/, .....L ,.:;><'" . (// (R 12/85) /j>.; ~ \ . , , .. ' . . . ,-" ,. r 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.) ,- ( 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 '-I /,_ I/? /'''1:-;,,/-- ? .y- --' ,---< -, '. 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. '-. (7--. ",".-.-'- / ' ! - i; ,f , , /~'5'l3 : ~. .,. , Ie 2, ltem ~7 ,"--'- ., ,,' . 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 $48,000 from the restaurant lease. ERA:mab ,'/L. the City Council of Chula Vista. California ( Dated / f' J?:' . )" ,/<.-'., V' !p;; , ! 03/17/g2 14:08 . 'l~'2J 3 829 5188 AMERICAN GOLF EXHIBIT "e" Lr?asqa Pcr$Q.~J:t.Y: ~020 ~-~; J!";E E _XI-I T r-:3 J~ ~T' II .[) .. 18 ., Ii C /' ,:).-L - 'u OJ/I1/Q2 ",,'213 829 5186 AMERICA.'! (;OLf 14: 0 '; . EXHI131T "0" ~ist of Eguipm~nt ~~ase~ I, I. 1 ,j:, I:. 2 il: I: . '11I(11, I' I", 11.11 ':,' , j):I' i r?::;~( 11 i!;;-'Il ( ()P:/ mc}I._.J1ine) l'i 'oj' /j -J. (.' _ r /...:'; { I.. .' !i'J021 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 /' -,/ '" S"I,-,<;man' (:,.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 j"-- f'llnllf' ['.,1<' 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, Ar.cf'plf'd ;: )/,.{~,..(--::'C!.-U/!rl /; /(/.:_- -5;/~/ll Dflll) f I i , )) ,-'7 _....L. - ) L, .r-- ECOLAB 1,111 r :,.;1 (;,"1'" ^Vl'IIIIl' I :i,\, nl It,dll':II\, (:;dd"I<li;l 'l1 i'l~; 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, ,;1)) f (1 ~,,-_ ('V(t.-(/, I\"b), i 11r11111<' II Sn I ,,~; C(1,,)'(1 i 11ill, Ol 1\Il:iTIs ^ 1 ! '1 "llIn'-'lI! ~; " 'l ) / C~_"'-""'"'_ EcC'1.11l1nc / '7 L \. / ./~) (;;1:".') ~-1 II!l!1 i 1,;1 j{i" : L: I' I l ':11] I, 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 ~ '" g~~;ftk~~ I ~ 1',\ r J () r' '(11 III -, AVAlLAB1.E FROM BUSINESS ENVEtOf'!" MMl!JrACTunFns, INC OEEn rAnK, NY . ANAllfIM. CALIF ,--;.. /', /"; / < ~., ~ / fiJ[l 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. I I.... ), (11'1 IIN;! IJfl [JIIII' lUIYII(II'J!', , I Thi<; Aqreernp.lllll! 1",),;1' 111;1111' ,'II \',i1i101Ili;l, thl~ ___ rld'l, Il(" 1./ '1.'( .1(} ._1_- 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 ,i ,Ii ,-- ( !( ---.- "__L Thl"! equipment !l~;ISI'{IIH~I('(lIlll"1 willllf~ IOI:;rlpd ;11. , (S1r-;et-^drJfe~5) -. ii " I: L.. (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' Oatl;: ) ();llr': \,J .">.-L I '"pi r'I;""" By ^lITOM^TJ(' WI, ,L\l(r':IC~ Ii t II~ By: By rilll': lill" SEE nFVrW;[: slur ron !\[)DIIIONI\' TERMS I\ND CONDITIOf.JS WHICH ^f1E rAnT or THIS LEASE. ) ,~ ,-, ,c r;/ 03117/92 . 9 1(J 11 1-1: liB '1J'213 OlB ~186 AMERICAN GOLF 1 2 \" F'rJ ]r:," " T, 1:1 i ni 11, II 'f,lT! I: 11Ir'.'1. 1,111' I 1 5 fj 7, EXHIBIT "E" M.!..s..~~9.!iLA..r:g:_Q(.>.mml.t.\i I; ) "-''1.11 i IVJ .S r:.:, r v i I": r-:" S, 111 C . " I j f ,_,t"' 11 i,',,; i f 'Jl 11 I I ,r-, r' 'II i 1 r:. I I'" ] 1 I , , 1:- , , i , i i : ] 1 I I ] , .. I , , , I , : I c, c- r~ V 1. fir:; r-) 'I 1'(0 pI1'_ln(:' p''''/ J::')l'-'(I'" /Irl \". t' f. j '_~ j nl:f j:i_""l'-::', Inl:. ( iflll (ii..Ce nl,~I(_'llit1e 20 I .I'.. / / ('-;' .~ I4!l 022 /' , ':"-)L;') ! .. , i J ('\, (ll'(}\V~'1" (-le;)lling ~~ervi<.'l's, I1\c. ,~ :WH:> 1\1'\'''1" Hhd. ~:llik l(l? S~ll1 I )j, '/';'1, ( '1\ :J:~ l!,1 ((j I !l) liQO-fJ I !lq 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 ------- 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 [\: -j / --:--'-, ,--- 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, ( ) LN1,( HI: 11" SHIPPED TO II \ II / r~ ') V (,' J 1'1 r) L ':"-/ 6)<,~ DU I S I nEEr NJOnESS CITY ?,k f If ()u3nlitx_ [)CSCt iplion 10_>/,'-./ nm__ ,3r&1 j) -, ) {! 'I 11.5;/ (/ - CJrl D Pl~/5 \ II J 1\ 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'/- " , , . 'Sl)(Y ~r! 1,1f!: ,)I',{ ilrd)'T1I,jl\Y ! (0u,"A/1" lid. u--Q<4~")q-- WArnES (IF CAI./eJ,,^ IlEPJlESFNfV1VE () j ):?/ t' ~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' ..\!",p 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 ) ') ,,z ,..L- - l~. (/ ~~~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, -. (--J f ~'") ) - /" , ::-~".-L- (/,p-- , I : :J:;. ,'~". ~,.,.;;, ";, 1238 5'7'1 ( '~:... r:'"~ ,,-pt "i ,.: ~..:~>:y. ., ' }-';. '.' ,. :l~3B57,r: ,~;' ~'., '-. ~'.;::'<' ,f:'- " I ) ''''' 1111^rHI' o III ^1:<;()ln>!l 1)(1 f'l rN~f- i1,\ I ii"', :'-? ~:) (~' .1 {) i'!'H)(,;' NO'4D: (:1\11 ["( 111 ~;r:llV1iT 11) '(nUll f\llI^ L, ,. I ,[11,1-:11 (,I I i ,fll :\'~ /','''.; .utll)1 I f"l !IWIII ('I !. "', I II I tit; '! I Inl (/,1 "y'J ;,/ Iii ~) , ::, ~( ..:; ':1 J (, /" ~:; I I' FIII( ~;I I )/ ;-2, _..:; .I. [I; ';iLX_~,__.l.:L_ CI' I LV/Lner)!' , ;:!'Cll. .U I.J: (ll_,~.__I, 1-U :Z:-_ !,)(),?'jZ ;.! !:,'." U L!,'/I(: Jli),I :,:.D1 )1 \(.)( ry. ),_ -}(.-1~)(, li-)f)~ ':)(:K)o: )()(- .'()(_K_L~ :JJJ_L)(~~'.l(J(}(J(' '~"J~ ,1'L' :.-;1 ?3.1 ::,~,I' .,) ,,1'11'1,1 II,!) [[I' I --- } /} .. ,,0',- .. _L('_,,~, '~~_1_ 1. 9 ~-1 ::? Q'~?)'_ _,. L'l.'d',H_ __..lUll" I L ,~)- i -J '~ . , -- _-'-.-.--~_.~.._-- ___~_,.__ _~__,~_:;'l~,~. ",:'J!i.l~~ .,ervrceSlMerchandise Rec'd \ Priqe, Verifiad' '$\i,",,:~:~7;; .q~'iT- ~ ~ .' ';"':,",\)';;' ~-'."'~''''~' " 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'-) // / < / ,~,,,",, 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 II r~GE pm <; , () ~ n ~ , 1 p II I '; ~ ill I! n ~ 'I G ~ \ f il1lf: ~ F ~ ! Iii) R ~ rll I D ,H)( G n III [~ ~ II _~, 11 I' 1 nil!! I :11. fA 01 ':n I f) (j snU1H BAY GOlf Cl !00148 !~. ^-.;::i~~~, j I;~):l: '~i~;~.:i~'l",;,lt~~ '},7'<~jii/~~.J.Ii:(;,j~I::id.t:.r1- ;,', '7"" ;!:J;~!:F:;',': if)i:~,~j.w.d~~~~~lW~~h~1ti Tr- ~r'q qr,', ~111 rt /'l? -----~jr-~-~r..>::, I'~\",.' ':,,'l?;' '!~l','I" l"u]+1;",1I -~'",,'-', j'':;':l~'' ~;,o ,. -- if 0;' ........:,I..,,;r ,~-'","~~..., "I;; 'm"',";lj<Iil'J'" ;)' .-:_'~~I-':"iTC:;,'1.,~, HI mllm 13(11/91!I021m 'lir,::1,~ ~~llht~~;lr.~, ;~i:;i;J,;!m ------ --- i .,:,.,.;~t.1~'~ ^ 1 ;~ R ~ \ [ ^ SE ~(jn I1U11 I1U! ((0 G \f 1~~ PI FN-iE HFTUm I 11 liS rcmllur---J OJ Tll[ lNV01U WITII yuun r'AYM[N f ^ Pi' T I I 9 9 ~ 'r;;'~-"'-~'-~-~""""'fl"'1 ,. '<"'"'''1''''' "" , '&~1'~:'1 ., 'lI.;t.'V.\:1 k..';'>:1:\~.>"lr."i(;':1~4.,~J;l~~r1~:'''1~},~:tiJ~''~:''' j.~I~~ e ';",'i; 1 '?? . (I ~ , ,~ ", ," ,!1 Ii I\!l \1('1 .. 111IAI F' 117, !! 112.00 ? c,..-- ~/ --!r/ > 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: ~-- (li~~J=--- ,,)-1-. 1- "__ I (--=-"_, -- _...,../ a~O:~_.__~.:='~~,~~or7A~:~ :.'....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__,___. ') '1 /./ <...;' (-~ .- ,~] l,!/" <" ~'~'/ C I J( (' () ), ( ,'( ( ('r'{ /, I' f' , i /1 ( v:: '- \(.......",,,,, II / I ((..1. :' /1 (< ( ( I / ,"~-( ~: ',.'( (/.(, SERVICE AGREEMENT (' ( all nllw~,I~ f~lttp'''Y c I f, {. ._1 location of Bin(s)--^ddress: /, i _, { '~, (( . / 1/: / (' .. ,. 'I Name of ^CUllllll ~Cic(/~ q. G' 'tGLASS~ " ~ 1-/}3" ':)'>> , _____v \' - ) . >(/) i(./L_,;!'...,j _ )1 /~/. ".'tc) ..i 1__. Address (PaYllIent) , ' , I<< L''-i.L_ Contact Person l / ,~';-~' /J-~F(~(S_ , / / ((,( l__ /'''' , . ( / i~{~._-:)~= . PI101\8 Numuer: r;'--:j.r"Y'__ L~-.<?(~;' /~ - ;~L~~C:_tJ_ / / (, <...' " ' Phone NumbPI: ( /- /,/' . ..' '( (' /' .I (._ ~_// / / 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 / ' / / (I.. (, Bins Received nncJ , I C 'I/r) j P ( C 6-' ' /' , /:, , 1/ Dilte / Circa Recyclers by' /'" .." /") '" .. /' ./:~__"(..i.'___/":'_.1'__ " bf1.sis unless either party sh prior \0 1t18 anniversary dat o 11 , -j (..'>' .~ / ~~--.."~ 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, ') -r;', X .,_,.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: cI C 1hlA.. / --- -----Z /'/{. ----- j jI 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, \ /) (II I II h I. (\5"'1 Lirxla ^qc~na Service Representative Enclosure <--.,...,:, ) ,---; /' / t>/ '""- I 11111 ((~ " .'" 'c, ~ ,']! U) '" ~ u c ()' "', 'C"'5 Q) ~ 0).... . ~o , e- '0, 8 ... ~ $, ~ ... ,., "C11 0; .J. 0' !_~ "C <o,,~ C'--c !llG~ -'!::'E c: =0, N G> -'-'--"0 o E 0<1> Ni.c_c:' '" CIl"-..o ~ f"ooL ," ~..c: "~I"l!!"~j '.C!l"'''' ~ >-<t>l.c,--r. ft'l '~"g- " C,_,N "ii.o' ~ 0 ~.o" ._,' -...;....;:''''1'';; , "'",<1> "E., Q;;: c:..5 i ,'.- 0 ~~' ~"':~i-' '" .0' E .. '<1>- ~ :;, ',''E15; 'e - lIl,_ '" 'D l!!' '" <( .. a. :g l{l '~ .ft ~ _ z v, (]) () _ U) .0 (tl <<I cu, U) 0 "'!J o .- "',',.. (J" "0 - rIJ -- c!:: ......, tI1 ';tJ ,::~'~~ .~ 0 ._'~, - _-N ..a (l)'': :::J,'.o ..,g ~ a5''5'~ > ttl ~ '0, cii . ,-- t (1)-$' ,'j (tl '.r;; , "0 .;..- (1). ~ '.c 5 .~ (i)" g;-g 0" c ~:ti ~'~ 2 ~ ,c 'rea: '''' ::lI , .-;- " Q) , "';SI. 1:" . 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Q) 'C _ _" a:.c. , m..q ,0 i ,VI ,,' W' e .. C1,g' ill!! z" . z """, ," i:IE' '" Ul -~ 111, >", ,.% "Pj,l!;: ','2,"0' :,!2, ".'0;' 8 UJ i= 'Ct) ~l>"'lf't:.~ 'f51;'\,"",,,-, ffi ','lIlc ';Z:,'~,"~ z..-I:t, '~g E ~ ~~, o ,g ,l, ' E 0 ^ 0 .~ '1IJ,5 - W j::U), '1-"" !Il . I- 0.'''' '1'u;j~ '"'" ~. en '0-5 \.1'-" "i' :;:t '. ff~ ~:~1 , "',,~ -'-' r.i ""," '1',::,:,1 ;;:.~,' {1m ;t~ ;", , ow' ~..~, i\~\1 t'i;' ~ t:!.:~ ~~:;f;; ::a;:;\ ;;i{ ~~ '..10 ~:,:J\ ;r~ ;.';",-;~.' \..: " ~~. , ", I.~ ';j ,- ::-...,t "oJ 'f.;.:, c '" E i! Ol <( Ul :c - '0 Ul " '" ''0 \!i- , Ul J ~'~: .c _ t:: ~ .l2 (j "l,~~ -1..' 'C",'-J! -'=' g.... "2 ~\',., d: ( C \ ti- o '_ -.I)O,'~ "0 \ '\ B c: ". \ 'C ttl '~ .. \ ~ E - ; ~ ':" ~ .c '. ~ - '...,.. o 0 IX Z ,- _ o I- ~ . Z ~ ' w Ol . "'.. I~ c _ >< Ul ~ ~' C) ~1' i,-~ \ "'\ \ ~" i 0)(' ~v ,~ C~~~. &l , 0--c (,) \ . ~ o II: W Z ~ w e- o; >- "- o u ~ ~ ~ w :> E ~ o () ~ ~ z o ;:: ::> CD Ci' II; 5 w > ;:: <{ !;: ~ W II: "- W a: E >- ~ () '" z c: f ~ J ~ - e- XIt: ~ a: :!i >- "- o u w ::> ~ CD . ~ o ., ., ~ l:l ~ ;;; >l .:, '" ~ ~ 1. ,,-;,,, ,'~, "'J~'""""~~:;";;~.'~f<l~~.,~.'.jjr_rIlIIIIllCIJJ~ 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 ? 3 ^ 5 5 7 8 9 10 11 12 II " 15 lC, 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 Cornrnllllic8! ions ~~y:~1 nlll~; ^ P:wific 1(!I~"d'; (~rl)\lp (:(1I11P:1I1\, ,2.2 - ?L/ 0 ..., , <:: 0 'rl 0 ..., : ~''1'. ell 0-- " l-< 0 ~ 4-< r'~ <:: 19 k1 'rl Cl E-< eLl ~ '1l <:: H Cl 0 .rl -iJ j <:- eLl ell E-< U ~ 0 Cl ,.., Cc' ! eLl -iJ I)] p. , :> <:: H . H (!) :::> , E-< l-< U Ul ~ 0 J Ul U l-< 'rl (!) f k1 ""-~~~ k1 k1 ;::l Ul " 19 [L, U ;::l ell W ,..... ~, [L, :8 19 k1 (!) "'~ .r:: (\. u ..., Z '0 '\1: ' 0 (!) U) H 0> I ~l :>. E-< ~ E-< co ~ ell 1 0 u .r:: z 0 U H ;.) u (!) .j 0 :> H ell .r:: r-- 00 H () "- N .jJ 10 <:: (!) '" s (!) u ,.., (!) Ul Ul " 0 "" Q) ~ Ul Q) ell pc; H l-< 0 (!) ,.., <:: k1 " 0>"" ..., .0 ::r: l-< (; ell,.., +' ~"i E-< 0 0 (!) 0 E-< 4-< ,..,4-< l-< ,..,ul-< U) /' z ell ell U H ,.., 0 ,QUl O. g I U) H ell " H l-< ell 'rl H <:: rf' E-< (!) u p. :>: :0<; l-< .0: :>'0 u (!) D u ell k1 -iJ ~\ 0 >,Q) n ::r: <:: H ~ l-< (" U H \ , "--j/. v , 'I ,-., c, \ , " 03/17/92 14:u9 'n'213 820 5186 AllER I CAN GOLF [€Jon " EXHIBIT "F" kJst of Banqu~ts. Meetinq$, and G~oUP Function~ ::-c: I .; I ,; ^' I ' , I ' 1\ ( , I I I ,; I J 21 c) '7/ ,,..! /{,' l' 1: n U : H [' ~'.;''- , f'L ~:, : I:! :' ':Filr :i: i'J;'! f::i'!-i':[1i " ,-'; ,") ~ iLi, ';: ili{'i 11 11: ;! :- i-,: ~ i f:H i, i I : ~ I' il " : fiUIEJf' lil,:!;;'I,:, , '::II!I;; !IH:,'f ili"I: :[i il,":' i!:;.'li!;' i-!T:!!!" ~' i ,I,: i i. iJF'!""!!" " ,", :' ,i I, I:;, I~ P: '" ' i-h'!iF:~' r"-1IiU i,iF:!!;:':-;::I" i!:Hili;/:I,I-r '::li:!lij':j!1 if':.;;:;:: 1-;':'.I'1,,!' _,,'i:" :,Ii::; [':i" I) ~ ! I; 1.1:::1 (.'i"ii:! !JI!lili inrll"'II-,:' Iii,'!:' iiI1:<,:::' e,l: , , , , U;!! :::1: r':,ill:I,: :'I,:;I':;,jl: ';r,!i':l';';'il f' PI: ~ :', Vi !:]!:'!II) fHH," i',:1 JU:r:;ji !.ii"iiili I'; fl''f'U!!!'i''J]' 1"1" Ii ~;' j!. I .-:1 ," ,I" ::iii Ii:" iW Ui'!::l".' "i,'['.; i';! f! i'W: ':]Ii':: '!I ':I'!i,'-U , I i;~'" !I: : "','j,::1I:'I'" Ii!;" Hi: ;;p ::11,); I!I' 11';::1-; ':eiL! ':! i ~ "i II ";1':1: I'i! ';'1;', :1' 1 ,~i; , I:' I~: , j' 1:'i;fI.fJO '[""(i(1.: "Of.;,I!f.i \.r;L!liYi 'f'.I,".rifJ,,:/iJ "UO,f.!!: : ~: Uf) ,(.iI',' ~ l:iUO ,,:,;!i 'l:' i,:,'UfJ,li!! "'Oi,i,iW 1:';fJ!.iJ;Ji !:!! , II i~ :,1'.'(,"-> 'fi'ii",i 'ill',!I!' '!;rl'il: i::I!I/:i ".f]!!,li'! I:nli,''iq IXii.r'.:i; Li;nU,n!J '!,',:nu,nll r:un,!iU 'iL;fJ,Ur: +l'YI,fin 'r ir~1.I ,ni) 1 !,;~in ,(' 'nun;'1 "':lil),O'; , ~ ;I! i [iij n!i,::i !:'!,i;Ji 'ilfl:':' :'i\,!,:i,' Iii, in:;;i i'i'ti! " 1:.['; 'i, I1I1 :!: if! ]I,,[Ir: i,'1 It! "':' ~i ,,)! i)U,'!:] :,ii'! Ii!) I:r. J;ii:U,:J11 !it:!i'3: !lUt'n:;:', iT: Hi::!!!: ".il!, Hli,iJ'-; 'i1[!,UC: +t.l!", '[I i'1!H!.ni: i,,','i!!,',"; iii!.i-"I ';:1::!,,' ;,i": 'r.(' .'-1.' "! H: <" 1"'-" 'f:_on,U,'i $ I.; I;, I_! , i.i !~i 11,''1:::,;-;; j.r;;:!'J,i:U 1;~: un . iin '{'_:iJU,rn ,!:i.;unr:iJ :i:j,;:.c':'J ,'iil 'JI:.:'!'! lU,I,IIJ ",II! 'i'l '1'1 '~ ii, i!" 0;',:,1.1."11 i;'l I", I.." !I ii',iJ!i 1,1J.:'H: ii}.I,iJ '~f) . ' '1'U.!:!J , Ol;,iii: :1,!'!U,Ji!-, :,/qii,iJU !f[j,"ff il': ,1.iL1 '!i"qUlr ,i:r'ij,r:jl ~': I: {: ,I .",1 'Ji,lr'i 'J,'-!I;;' I',il i,iifl ';I"lj:!, ',;i;'li I", ,1:1 :1:1 /:'[1 '-":,i .'.: ,LiI ,~ ! ' :! . U i ! ,nn ,ii:: !:il,WI .:111 ,r;;: ,cr; ':rH:,'],: 'fl,i:: 1 r'., ..,( i- (, --'-- tJ ,) ,/ .," 'l'; :','i :,'1 I~ ' ~ ' '/1 'L'\; ;1 H!, "r.: 'i" :'J: 'Ij ;'''j 'I" ii,' 1':1" i,q lif:; ':2i !1'1,': li!,l :,j':.,' -'I;fl!::'i!1 >!'-',' ,',!!,!I:'!.""I T!l!;11 i,l i1lli,:1 :I! 'il'l',': i'ii "I : ,~rJ'J , ; Ii r;I:,i", ',::(: :;'1 -"'Ii,ii' iif),i!i: i ;'JiJ,I:r: if:.'!,I':! 'ili!, ~iil ,i:'1 l!i;Jn ':, ~ I f jt: ;il ,<','iL'11 iiU " l~ ' , Ii ; 't;,!ji,i ;-! ,r:!j '..' "., ,Ii'; , ,in i' q, ~iJ1 i.'r',',,! '~ J " G 'f, , ~ 'I ~l i j ') ,lj'U 'i.d) ,'!!i ,:;"'),: ,iil) ':', i:I,'1 'n ,'> "fi ),',Ii,) Ii];' ill: ';f,,;:il ifl,',,; ,'i,: i!: ,i)[) ':1:',1,', 11:" 'i'i),'il] ! ~ nr i '-: I i 'J! ,'II: ,i,q I':! J " ')c ",J-/'x .03/j7/P2 6. 7, 8, 9 , 1i), 11 , 12 , 13 , 1<1, 1 L::"\ 16, 1.7. 18, 1',1 , 20. 2 ] ~', '.J .'_.L 23 2/1 . 2 [::"' ) (, /)' . 1 ~ : I (J ~21J 82P 5186 A!!ERICAN GOLF F.xJIIBI'r "G" k!.ll...9.f ~l.9.VD(",-,,- 1 /\ 1 e i (~'''I t i 11,) 2 ,~"1.1 'v'<"'l_':) r:' r I:/'t S t 1 1_' Hi;' ,:1_1 ('(I J 1. illS or r i Cl."'jl,\~:fi_-,t-,J [",' I' 1,~'lj(:: r i 1.:1/ Dr) ,:; r: ()] 'i'erc':;;:l, Fer !landS's 111)l1n i FI!"', t"r_~l r,',~'31)t" i (, I I'~l.lt i er r-e:2 {:;I,1 11] r-'-'t tn(i (~uti(?r'cez -:I::-rr;.r1.(! (_;ut ierll=:?z 1<1:'1" j }',tlut ,""Oli 1"1,3C]-j2 J J I;? Lam)I,l ljr:,J c:t r:'] Lupe z Cres}:'lj 11 I'1~~_r'qUf?z Luis rVll~)nt')ya. ,J,3rlf:? l':j()rrj_~; ~ t' :;:' nle? P,:.:? i 11 () ';> ,,:1 ]\'1,3_t't il', P(:''-lr il]lleZ ],ilV.L':=1 '-: 'iw"; (' ct thy :-:~ U 1 1 en tin Q {'hI l,,;t i I]r.-. ;:;:teiSf?f l\,j~:, 10 i rir, :;t"~ j nrJi?C V f () (; ep1-) ('~,/ iril~',l,l ] ',-:, k i i I ,'"-II ()' r t l'_' Irq..' ':'~ () Ii ::;;'1. neir';'l "I) n Hr:::'i?t' t um I r 1 I, t"'::-1 ill r:' I"j' j 1 Ii ~; !!I,)l,~,'l (-' )[r-:lr-ni3llde:~ ,) ') . Di';hvvd:;het' Cool~. BQT \',]ill '- PI Assist.':'Hlt. nOr) Bar t r-? ))rjp r Hou s~:'k(>r::-,per BQT ~:;(;t. up Snack I\'J.t' Cook Cook BQT \oJ.< i '- t e s s BQT \/],3 i l. r I:? S S Cool.:. Line CU(1k D is h;,Y":l, s he r BQT V7C1,j t rf-?SS h7ai tr'~':=:;s D i S 11\;'/(1 ~,'~ 1'1 e r Bar t r~::' ill h-.? r jWa it t' i2 S s Bat'tenderjWaj, tr-pss Assi("~t('lnt MOD BQT WCI 1 I, I EO S S D.s.t', tl;'llrJr,;'1 \rJa j t I r:' '-, BQT W0_ i t 1" e s s BOT \<Ja i t, r e'; S ,~') niJ c k 1).'3, t' 22 lli 02 4 1,50 7,00 4.25 7.75 4.50 :) . 5 (1 ';; . 90 ~) . 0 (I 5,75 7,05 {J .25 4.25 5.75 7,25 4,75 4,50 4..50 4.50 4 ,50 4 . ~i () 6.25 4 .25 '1 . '::,0 4.50 4.25 4.25 5. I) 0 ,~c") -/( 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. "' () ,','Y / /x~ ~ /) 03'17'92 14:07 'B'213 829 HSS AllERICAN GOLF EXHIBIT "B" personal propertv "; I'; I'; /'\' I .. I' /\ ( : I I I,; I ) 17 li!JO!Q -: /"" \:-v'1 - () ~r- 31('f, I ~];~~ ~rr~f ~i~> I z, ~; ~d 7) 7:...1- ?J; , ;:13' ~11 I :i, <, ~ll ~j "'I ~II z ru <, WI C:I ~i I , ,~I ~I ~I ,,' ",I "I 9/ ~I [~ ~ 'I I i I ~: ~: i;;/ ~;I -<I ;l"JI elr ~I I (, IJ' I" I <f' I>: I I' I . ~i " , \ I \ ~\- \..)1 \"-1 \J. o \J \, ~, " c. r! \-,) -\J '" Is ,- ~ E l '" " C ." 0' ~, I '" I.. i~j) lu..:1 I/.--, '7, ,J ti' I' 1 '....1 , ' 1\' I,' , ' 1\' I I(~ 1" (" \: " f: " 'i' (, ,,' I" (,1 " ,-, "\ \q 'I' , " .1',' I,' " \ I'.J ,1, ,\ \ 1-. I' I,', ,. , (jl ('I /- \,) Iv " q~ " , ., '" \1" \' \.' ,~\ ',1 I' I' I') c"'\" -( \' \ \ 'I I jtJ) I '-,' I, (P 'J i " or. '" " \J I',',' \ \ \ \ ___\r I I , k) I,ll I J{ ?~ --" \' I' (\"\ I , I'" .1- I,: I I~ \' ,-I I", f" I", '\. \" .. r, c~ ", \.p U) , I Ie c> II" ( I \\ \ \ 0) 5 ;;1 " II II Ii '1 o z ,J H Pi t~ fl F-!j: 'f4 -. ~~! 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'" Ii] ,\~ \ , V\ ~ \) " , ,.,' " " " ~ j; \ \;)" \~ ;;- (- ~ iii I' " 1- " , (I " \ 'J \. ~ \, , C Il) , \>, (, I '\ " (' 1\ ....., i, ) ,I< , " , '1 " ( I " \) (II ( I I \, ( I ,~, . " )~ ,. " " l' ~ ~ t j t; u '" " [j u '" ,. .. ,1 !; ~ :~ :u~ In:;.: en!" "-I:::: 8 =J ~;. O~ "l)ll in -I ~)l U )~ ::;0: UJ W~ (;; ::1 ~~ (5 fJ ~j ~ ~~! 8 r;~ ~~ ~ Q~ iiI !~ '"~ ~~ ~-' "). 8~ " c ~ =j <C " ](1 " c ~ ~~'-"'~J r~ ill v' ~ CJ ;J " ~ ) ~_c---. I J1 I '. I' e ~ " u Z '~l\ ~)PTr3 U) -u'l1G)~~ (lVevo.,. :g)J:1JBl1J u I. '. n ~IJ ~ u s: z ff:J ,It. , ~ ri,l c: ~ --.(\ -1' ---- 1J fTI :JJ u> U Z ~ r ~'i" " ! ,'.-.-.-, ~ I \I z < ~ ::j o :JJ -< ~ .c ~I ~ , ' :~, '. . , 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 23..lf . . .-{::> ~ - -. ___~H-'-' ",'''''"'-''-> ~ -~ - - - .-:i>. - - .~ I - - - - <}- -. . t '" '-' "" '" 8 I :/l '" j r- w w a: r- lJ) z o r- z w u. " '" . ~ < 0) '" t --1 --1 '\.~~ 0 ~/j./: Q~ <( 'f-~y.v. 0 a:: t C/Q :00 <>-~ >- <( r- 0 ,0 0 i;j r-~ ~ ~ ~ I ~ ~ i-<J Q:l:.....1 ~ ~ ~~ '" ill~ 0 ..J -' 5 ~ ..J ~ ~ u .... '"'''' ""~ -s. ~...~'t-~...'i ~~ ~ ~ ~ ~ e ...'t-~ \.... <=>0 e...."'"'\\.. 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 cJ70 fVvr/J.. /tIH tu.u...'!. ' /' W ' )1"dr<'1 (/ A r./Ish. J [11 () . iJJSi7J. f5lJ 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-- , . U uo Project location - Specific: ~ -().)( c0 i)" ',. .;........ . , . , ~~.~- ; ~ ,.t)) PYJ111-f!1(, 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 " I ().. . I, . ' I ' (U'-Xz""4JJ""J 0/-/ A~'"f' f)clvtL-t Ao~ ('l<)0frJchV1<...J ~ nof ,t^o,fJo'dd M p~ "i---- JA. V I Ad), "'fr-~,<_. a .,. 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- /' Comprehensive Housing Affordability Strategy (CHAS) u.s. Department of Housing and Urban Development Office of Community Planning and Development ~ ,r 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 ~ , ~ 'J / 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./- / (---' I 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. -2- ,.).. 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. -3- ~ rl~/_7 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- -4- ;'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 / / . ,/- c~ 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 -7- .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 -9- ) [/- / t;/ _r c ~ (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- .1 L/,) /, 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- H/-/e; ,~ i 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. 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"'- iilj ~c.~j ^c~.~~ ^-8~ ~~~t~!JI1.~f~!~8~~~-8~ i~ ilfl ~~~fl~~_Jl!rl~11 gl ~~>- i<3-~>-cP u.s.~~l!5';;;c.>]~ ~ ii Iii <310 ! Iii if <3 8 ~ 1 ii ii <3 <3 ~:f ,: ~ II' 5 I~ 0 _ '" ~ ! ~ '" ~, ~ ~ ~IMI~i~)W ~I~ ~ _ _ _ _ _ _ _ ~ ~ N N ~ " ~ g 8 ;\ ::> J:: E 2 c: 0 '" '" E Ll ::> '" '" +' '~ 0> c: '~ s- ::> CT QJ , s- O) ~ +' , 0 c: '" ,. Cl => C :):: ~ ;;; QJ " 'in ~ '" Jl a '" s > .. '" ~ c: ::> t '" '~ !!. ii c: " i 0 S J9 '~ ] +' \I '" " E c: E s- .c; ~ ,~ 0 4- c: '" 0 iil ::l a: J:: QJ 0 l5 > 0 '" ) Ll oS '" .I QJ ~ Ii .c: ,!l +' ;!S i QJ ~ '" " => ... '" ~ .- u ~ 8 QJ co - .. ! L/- 7 > '.--.... I ,",,"-:/ 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 6, Othar I-'>ly) . 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- ') if C;') ("/' / ~ fJ '2' e <D ~ * 2- en ,,~z 0 n..;~- M M ~ M m ~ ~.~ 0 >- '" " 0 ~ ~ " ~ ~ "- 6 0. 6 ~ (/) => rn X 0 " 0 E " .;; i:l~ .fi "- "e 1; a;oI ~ N ~ ~ EE 0" '" xc.. c.. N ;, Q) " >- " E > >- E " u: "- ,,~ '" M M M ",5 D= ,,<< E 0 x " e (j) E " ~F~ <{ Ql . .- M M M I e-~ "- ~ 6~~ c >- ~ (J) . '" E ~ E 0. 0 (jj 0>" 4ic ee > " ~ .~ ~w ~ N ~ . E .- . 00. :0 .;jE e.Q 0 ~" OJ I D> "0 ~" 0 =>0 "0"0 ::= _i'l e e <{ ~ ~ (J) ~o 0>0> C 5~o ~ ~ N ~ ee 'w ~ Cij'c =0 0 e => <<0 o ~ 0 X Xc.. I o.~ '" "0 _e > ,,- e 0 'w -" . E ~ ~~ , EE c '" ~~o ~ ~ N ~ OJ 1:0 '" " q '" ~o '" " ,,~ I 0.- 0. 0>0 . 0 ~'" 0", ~- E -' '0 ~~ 0 =>0 0 "0 '" 1il_ ID~ a:,gm ..... ..... N ~ =N ~- E (/) ~.g ~Eo ~ "'~ ~~~< M M ~ M WNO ",,0 X e ~ e " 0 .15 ~ 'P " U 'in " 'in ." 0;.6 ~ ." 0;.6 0 CT B CT B 0 =0 " .~ e <tl << ef! .~ << .~ .... ..- S'C CI) _ e '" <1l '" :Jl Vl c 0- e 0- 0 0 .0"0 " 0 .0"0 " ~ ~$ c "0 ~ ~.s: e "0 c: :> S e S C .. 0 .. .. 0 .. CO <tl 15 c-'(1) B 'in 0 15 em B 'in 0 - .. .Q a: e 0 " .. .Q a: e 0 '" III ~ U - S << E ~ Oc .. << E :::> '" E.2 0 E '0 '" s.2 ;;; E '0 III 0 .<::: 0: ~S 'in " .. 0: ~S 'in '" .. 'e u J!l 0 >. "- J!l 0 >. "- III c f! 0:= << 0 " f! 0::: << " " ~ D D <l: e "- OD ] 0 OD ] 0 (') 0 " "J" " 0. " "J" " 0. U 0 ;,,- "8 e E 0. "0 e E 0. .... " " " " 0 " 0 "'" '" 0 " CI) 0 c: >, '> ::;; zo: 0: X (/) ::;; ZO: 0: I (/) 'P d .0 - CO w .... " N ,.; .. .,; <D ,...: <ri .,; C .~ << ~ 1Il- 0 u .!!! a. II ~ . . (/) - .... "!5 E E .;:: CO 0 0 <l: , " ~ " ~ 0 ~ "0 e c c c J: . ~l 0 ~- 0 :; /-;/ .;:: ~ .' 0 L-/- . E ~~~ '1 () a. U") ~ .0" - C . Z >-'0- O..JO- d -'~"-------_.__,- 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. -56- 1 L/ c?;L ,~ 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- .)L/~) 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 -58- ) 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 -59- .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 -60- . 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. -61- / ~// ) !.,- 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/ ) -62- (:7'- 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. -64- ;; L/_ ./() 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- J.!j- J / 0 m 0 0 ~ '" 0 :=> 0 I E .2 c!'i 0 ~.!.:!- 0 0.2:::::. 0 0 0 6lc?l 0 0 0 0 '" ..... C'.J '" cJ'] 'c c- c ~:r: ;;;- rn"- 0 0:'" 0 0 0 b 0 g >- to ~ lL '" ~o ~c c COJ!l- 'c Q.~Q.. ~ 0 u E~ 0 0 ~ o~ 0 0 '" :r:<( 0 .~ ." .~ 0 ~ :iJ ~ ~ 0 '" '0 N a. 0 0 r- C'.J <b 2 '" "0 r- r- ID <>9- <>9- ~ 'E 0 E '" _0 0 ~ 8 cc m ~ ~J!l- '" "" ~.~~ 0 0 0 M '" "0 f-~ 2 w '" M N "0 <( '" '" '" '" '" '" ;:; <>9- ~ <>9- "- I 8- '" x c 'D '" 0 I w 'z 0 ~ .~ ~ 0 0 0 0 '5 0 ~ 0" 0 0 0 0 0 0 0 0 0 0 w <( 0 ~ ..... -g <>9- m c a. 0 :~ 'z 0 ~ 0 c !Z 0 <( :D 0 rn 0 0 0 0 0 0 ~ 0 0 0 0 0 0 en '" 00 0: ..... <>9- 0 & ~ 8 & 0 -'E ~ OE ~ ..... f?l C'.J 8-0 0 0 0 C'.J 0 0 .-< 8 0 0 0 ~ .no C'.J '" 0 0 ~ 0 C'.J 2 . '" '" '" ..... C'.J ..... ..... <>9- <>9- <>9- "" "" '" ~ 0 & ~ ~ ,,:0 -" 0 ~7ii 0"> 0 ~ .- > g ..... r- r- ..... ~ .~< 0 0 C'.J 0 0"> '" 0 Cl ~ 0 q ..... co> Cl '" '" 0 '" 0 0 0 0 <("" C'.J '" ..... 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N .- rn cJ'] 'c c:- c",I 0 0 "' "'~- 0 0 b 0:'" 0 8 ~ >- ~S ~ @ @ "- rn ~ c c mJ9- c cn_~~ U") 0 0 U") U") ~ <0 <0 <0 u Ew <0 <.D <.D OW W I<( . 1'1 ...... ...... ...... .- .- .- " f3 '" c 0 0 ~ ~ .9 u ~~- 0 0 m 0 0 0" m "- 0 . N a. Zw- 0 LD LD N C '" " 0 r--. r--. () N N r--. u .- .- .- !':! -. E m @ E _u 8 cc ",,,,- m c-w 0 0 <.D "' <ll'~- 0 0 m f-W <.D " W <( u <T w .- ;:; ~ 0 0 x C 0 m 0 0 0 0 W 'Z 0 0 0 ~ .~ 0" . . . ., 0 ~ CT 0 0 0 0 0 u LD LD <0 ~ <( m m m ~ .- .- .- u m ;;; c 0 0 0 0 Q 0 0 0 g ~ 0 0 0 c ~ . . . <( is 0 0 0 LD '" 0 0 ~ 0 co m r--. r--. co a: .- .- .- -E ~ ~ ~ ~ U E !:': ~ !o U") U") Sl x{) ~ N w-" "l 0 r--. ...... ...... ...... N .- .- .- .- m ~ ~ ~ ~ ",:0 -'" ~ <0= 0'" ~ U") ...... ~ .- > ~ N 0 "l .1;l <: '"l ...... r--. c", . <(.0 ...... ...... m ...... -" .- .- .- .- .. II) ." "0 c II) ~ r:: ." '" U. :> '" r:: '" '" u e u. 0 c " :> ." "0 :> G < U. C C " U. ." 0 ~ G (f) ~ u. u. '" u. .. rn '" '" <ii 1ii C (; c "0 1ii g .~ 0 .... '6 '" ii5 :z u. -' Do- "0 c i: r:: " OJ <ii <ii '" '" u. 0 0 0 0 (; i3 z .... .... .... .... :;: N ei ..; .0 " " " " o m o o .,. .:, ::> I E .2 '" 0, "'CO 8,<.D '" I 0. ) {. /- ~ / , 74 , 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- Jif?7 c ~ E 0. o 'iic >", ~E Co. CO ~., .a> . '" =>0 "0"0 Cc ~~ 0>0> C C -;;"c ~ c o.!'l J:a. o.~ _c c ~ ~ E E E "0 ~() 0._ ~o C", '0 ~!E :::>0 if) <( I !2. >- '" '" ~ ii5 ~ :0 '" "0 o :to <( '" c .;;; => o I '" > 'in c '" "" '" a. E o () CD 10 .!!:! .c {2. 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Ql>,>, NS-QJ+-> N......J:::. ....--l ::J+J"'O ~ 0- QlVlO '-- -0.<:: QJ +'OVl 0'<:: ::J <::QJO Vl .<:: Vl ::J QJO+' 0'<:: '" -0 .<:: 4- +' >,0 +' 0 Or- OJ VI U 0. ..0- >,Vl OOQJ.f-JE ~.<:: '-- +'QlO .<:: 4- "+' >, 0> ~QJ<:: +-> ....0 .,.... c:......+-> LOQJS-s..... <<:j-S-.UO ~s.....(/)o... ::JQJQJ U -0 '-- "" , N ..... I <:) <:) <:) <:) <:) ~ E . (Y) ~ ..... ~ <::::t '6' ~ ~ " " t'i <:) ~ !l o "5 M ~ 6 .. '" ~ '" E 8 "" " => I c o "0 . . :;; ~ oi ;;; 1>. e 0. 0. . ~~ ~c;2 "0. C '" 1! .~ O:::!.. .- wi ?J ~ 1.-/ - ?7 '-~ 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- J- L/_ !fJ '.__ 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- / ~' ~ l 1.- L, / C./ ,~/ 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. " ;25'~i / J.5*.}.S , ,~-' -, . 'i -~..;.'> y' ~ ----" /'" ..-,; -- --- )-,;.0..... , " . .' 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I"" _ ::.d-.~1I:lNo:MIXII -~ -::.~ Il'IIO.I;CTlOTloLl I ...,.. u_ - .........,..-- ......--......-- o , Q FEET SOURCE: CIn1Ia Aasoclatea. 1989. Design AIlematlv8. General Development Plan ). 5' ,'5<..( o 2000 , ~ lIV' . i# ',,' .. ... .... _U.,.... ''';:'-':..;.. . ..Js.:to...:..-:.. .. , . " . . .' .'~ I = :/ J ,I 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~ ./ lrJN7>(U 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 .. eoo , , FEET SOURCE: ~d a AssocIatea. 1989. ~nAne~.SPAP~n 2S ~ 't - A LT t:.1i! 8"el<:r "C~-11-C>1 r' 1+-$0 errw. - LNCI_ CISTACTII ....., ~DTA1I . ~ M1 ~INU'M&Y ...,.., .., ....,., ..... '",y '.-cY ... ...,.,..... 0l:IJaIl'r . ~ ~tI lJil.,. f\NrIre cac:.r . o.nICr M>-II ......~'Cilrrc .... . ~ ...... ........tII.'fHtM&l' . ~ ........ --.nw. .....1H'M&., .. ~ ..... - aTIIICTI JlICIII MID a:I.IIM" Ia..DWIH ~ ItICW) '10. DT.... "--.rr~... VLI..N3E ~ - LNCIlIllE ....-.1. IVO-I -----"........, wo-t ~ C8nIItClftZ ~ s:>E:CIAL f\.RlClSE . LNCI_ CISTACTII ... __.Ma ... .... ... -- --- ... -- I- .- ....... ....... .- B.JSr>ESS CENTER - LNCI_ 000.-.1. 110-1 ----- I IC-t a.nICT...... .,... MIILP.IC1\IIWI ~ ~ Q . , FEET SOURCE: cw a Aaaocla.... 1888. Dealgn An'mallY. . Lancl Use Dlstr1ctl .25- ro-. '1 1000 . o . . ( '- -) . 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 ~ , i:"',"'" '''- '...' ,--., ,s-- The Baldwin Company Craftsmanship in building since 1956 '92 IIPR 13 [I () '5'- ...... .0 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, ".. " .'-. , '\ .,\. "\.. "" \, If ,)."'- ~~_....... ' " ,,_-->,,~ ;'-,,'-"- '.. f ~-, \ . \ . ,\, r \(,~ ',' ,-' \ \ 1......... Date 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 , ; - i;~ ~.r ;. f .: I 1 .'.,,~'" .,;. >~ ... ~ -'-~,'. ...;.. .~.-.. ..... -, .......... ~ .. '-..; , .'. . ;J..~ -:;' .: " .. . ~ ~\ ":';.- .~;:-,.,~ - :.,- .-..;.... .'0 "'" . 01_" ',t:', - ' -~ . . ,'" ..' ~. .--1.. . ~ .'. j 1) . I . ~ Pk)J e:or . jl..tltATION " , : " . ....------,' '. " ~ ,'~". lJ'> 1......... /-....... . """ ''1 ! .. r<" z. .;. .OJ ~ 1__'" ., \.., \"\. .' '. ':- . l O' .:..t.. , , \ I I . \ I .~- --'- \. )'); ~ ( ~AJ..-T ~el'-- I IIna~ ( P,,'1' 41 'PI )" ) LOCATOR M LJ l}f 1- P"^t-{Il....r (14' UIJIt;) ~I O~~ d:t ,~5- . . . . . . . ': . . . . . . . . . . . . . . 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NWW<l NO!:: ..J ""1-0"::> O'wOI ll"\O".....u . . o ~~ .~ '" ~,,~ ~, ~.... ,~ " ...:: uJ ~'" ~O~ Ow~..- ..-,,'-'"> ~ ....- '::ILJ1;> ~-~ \lI:..J<I N~ -' .('\--""'.::J O';.::l_I .n...),-........) 0- ~~ "'U~ ~ ,. r",~ a....-<.JO' O~ ~ .. ~WU -", "'0" O'LX_ f"'IUV'lll'l ~ ~- O....JV'l> ~-'~ NClw<t N'" -' ""0.....::> J'<l;......r ltlUI"'-U . . File No. PUBLIC HEARING CHECK LIST r, r;. roC" CITY COUNCIL PUBLIC HEARING DATE ,,~y cA t , '-11 "'" SUBJECT ~~lJ.J,_~" ,S."UA-"'~~ YY1<f I ;-~j)J rJ-Q~1L J- (~'" ..t/., LOCATION '" I \J-.a-"l\!'-L-Lo.-~ SENT TO STAR NEWS FOR PUBLICA TION -- BY FAX ..-/ ; BY HAND _; BY MAIL PUBLICATION DATE ~ II I I r:;~1 MAILED NOTICES TO PROPERTY OWNERS t. cQhccQ~"-,, I 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) ./ ~/I",lrIL I 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. WMG:DS-OIG WPC 1545T ;2k14 ~5 <~ I- e: ~ .~ &f III 01 ... ~ .. ~ CD .u ~ CD CI) ... .... 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""" EX II-,'D, r3 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- 'J../p1J-q - .. -- EYlfl (), r.] 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 .2~"~ . . ~v?- ::::.4_ ~ ~-..::~--...; ~- ~~ ~~-""'- 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.. '- --r:.. :::~l ':::~;.... . '::::~J,_::: -- ~":'~_:F('="JI.:' ::~~.~ ,t 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. ~q-1...:3 = ~ = d ell E-4 -" = ~'Z~ I j v.l J3 to .. .... :> 'c , c O\e~,o , "" co , - ::I >. - s~" I (5 ~ 0\ , "'<:l E:a~ COll"\'! I ..... Q.I I C ... I 0 <> ::I I a ... / ... .. / = I 8 I ~< / ... 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III 0: _ ~ 2 0: III ~ "-_V! ze;..ts EXHIBIT "C" ..- \ .....'" ....- ..- ..- \- "'\ '\ ""\ ..-..... \ \ \ ..-.--\ \ \.1 ,-- .......-- \ \ I, .. ..-- ,..-- / t N ~ r ........., 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 April 17, 1992 1991 UBC Amendments applicable in Chula vista Page 4 ~A -10 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 April 17, 1992 1991 UBC Amendments applicable in Chula vista Page 5 '301\ - 7 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 April 17, 1992 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 April 17, 1992 1991 UBC Amendments applicable in Chula vista Page 7 3l'A -'1 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 Page 9 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 ",':J ~~ ~~ '-} ~ ~Q SOIIJ IJ t.]) DDS/AY08l WPC 5920E ~l~~ \_,' 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; ( -'.! ;, ./ 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/- ) ~/ " -' 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 ;.~ \ / - / ''-7 SECTION C RESOLUTION OF INTENTION (to be provided by Bond Counsel) Preliminary Engineer~ Report Assessment District 90-2 Otay Valley Road Widening 3 / ~ 1(> 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 ! ! ~ /- 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 ') / -/ ( 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 '\ 1- ,) ,'J / .-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 "\ / -,.:J / 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 ---, / -;) 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 -0/ _____ ( -' ') '-- ,-....---_/' 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 J / -.J / 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 -:>j. ~ 1 ~ )-_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'" ""', ././ 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 3/-3; ~ ~ H 8~ ee; . ~ .S s H ~ ~ d;.:t .. ,,~ ~ '['Q ~ . l>. ~ ;:o"'~ .:t .. ~ ~~ ..,;. ~ '0 .. ~ ;. . .... - ~ ~ 0 " . ,,~ ~ " ~ ~ ~ . . ~.. e <;. 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" e: ,.: <- N o >: <- 6 '" '" d "" ;:: ;i '" <- .., ,.: ~ ~ of ::J i 8 M o ~ ~ - '" N '" :0 o o '" iQ =' ~ <- a- '" of ?: .., a- d <- .., N . N M ;:1; :q "" ~ N M 9 ~ ~ <- ~ '? ~ - <;: ". - N N N N s: 'i' s: 'i' - 6 6 g g 6 g , = ~ . ;:; ;:; ;:; ;:; ;:; - N ~ ~ = M M M N N N N N N N N N N N N N 'i' 'i' 'i' 'i' 'i' 'i' 'i' 'i' 9 '1 '1 '1 ~o':Z i i i i .,; i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :; :; :; :; S S S S S S S S S i 8 . . = ~z ~ "" a- <- a- '" a- g: ~ - S N o - M S s s ~ <- S ~ s o - - - N ::: B 1:: ~ ?P c C:l':: .l? 0- :: ~-~ ,<.> '" ~.., .s :::: ti .'-'l ",,"" ::::: ""-ol \::J: .~~ ~ ~ ~ ~ c.~::::: S ~ ~ ~ .;:: ~ S :.::: 0 ~ N <'l :7/ .. " ii/., II = . ~ Ji ~ . ~ Cl~ i:'- !i! 8 ~ 0 S :<:' ;; ~ 00 :<:' ~ ~ ~ ~ .,. <3 :l; :::l = ~ :::l :;: :q ~ ,9 9 <- 00 ~ '" 0 '" N ::. N .,; ,.; ~ oS ;f ~ ;>: '" ~ :i :<f 6 '" :<f ~ ~ ~ ~ ~ N N N N N N N ,1:~ "C-i ". ,$ 9 ~U "''''~ .;: ;; ~ N S .,. 8 '" N :2 N <- <- <- $ N ~ .,. ~ << ~ -<> :a ;q i'li -<> ;;; <3 ~ ~ '" '" a; '" ~ <- .,. '" '" ~ ~ 0 - . ,,' ,.; gi 6 '" '" :f ?t ;>: ., ~ ~ ~- ... .,; :f oS ~" i'l ;;; ~ ;::: ::; - - " ~ ;l:> N N N - - - 11 '" ~ '" <- <- .,. 0 ~ :3 ;t ;t <- ~ if! <- -<> :::l 0 0 ~ <- N <- N '" N ~ ~ :! ~ <- '" '" -<> '" '" ~ '" "" 0 =Q:l '" '" f{ oS ~- oS ~ ~ g" :B ,.; '" ,.; '" ~ '" .0 " ~ '" -<> N <- N ~ ~ N N N N > = ~ '" ~ "" .,. N N N N N N N N N ,," -- 0 0 ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ". II - ~ 0 m ~ ~ . . ~ << E < > .. .!! ~ 0 !!l '" ;t " 0 ;t ;!; ~ S <- <- 8: g, ~ 0 N -<> -<> f2 ~ ::; '" Il: 0 :g ~ N '" '" 0 N N <- N N '" 0 ll~'" g '" ~ ~ ~ '" :::f ,.; ~ '" '" :i :i ~ ~ '" :::f g <- ;::: ~ ::; ~ " ~ . j N N N - - - - - - ~<< ~>- < . 1'5 8 :g ;::: '" '" a; ;t :l; 5 ~ ~ ~ Il: Il: 8 - '" ~ ~ .., '" '" 00 '" 0 . N N N N - - 0; 0; 0; 0; 0; 0; 0; 0; -' 0; 0; . . r..>< ~ N ~ C;; 9 9 <- ;::: 0 N N ~ .,. ~ -<> <- i!il '" ?i "'1; ~ . 'i' 'i' 'i' :J: N :J: :J: :J: :J: :J: , .!. .!. .!. .!. N N N N N N - ~ ~ 0 N N N N N N N N N N N N N N N N N N ~ = z 0 0 0 " 0 0 " 0 " " " " " 0 0 0 0 0 ~.. .;, .;, .;, ~ ~ .;, '" .;, '" ~ '" '" ~ .;, .;, .;, .;, .;, ~ ~ $ ~ ~ ~ $ $ $ $ $ ~ ~ ~ $ $ $ = ~ J ~ " ::; ::; :; ~ ;::: I'! N N ~ ::! :3 ~ <- ~ '" :3 - - :::l :::l :::l :::l ~ t::'" .SO co::!, e-o. ~ '>:: 1:; ." '.5 ~ t; ,~ '1:l ~ Q " .~ - ~ ~ til G> ~ " :::: tl ~ " 'g " ~ So :S 0 rt '" '" ? / -/j(/ ~~ ] ! = ~ <5~ ,,= . ~ .5 5 j ~ ~~ .. ... ~ ~ '~l ~ :Jv.l~ <: .. ~ - = ~= ;1<> .a'ii . ~ > . -e- S. o 0 ... " '2,;5 . ~ ~ ~ ;: ~;: ~ .s 11Q1'i . - . ~~ i..l >. o ~ !l e b <.:l'" ~ :<i -: 00 00 ",' :3 ~ ~ M N o - N o ~ -: ~ 0; ;; ~ ~" :3 00 ~ o 15 ~ :'l o :3 o ~ 00 :3 ~ -: o " N M -' M ;$I M 0: :0; ~ '" ;i, M o ~ f :: ~ M 03 N N N ::3 :'l M <'I M g o 8 .. '" :: ~ o ..; M g -:" N ~ :j: '" :l M 00 '" 03 ~ N o M g ~ & 0; g g -: ~ 00 -' :0; N ~ M N M o ~ '" ~ ~ o N o ~" N ~ M o M :'l ;t o ~ o o 00 .. or :: N o ..; :;: .. <5 N :: M 03 :l ~ '" Ii N o ~ '" ~ :;;: ~ '" :q' M o 03 :l N 8 <5 ~ N o ~ ~ '" <5 :l g: 0; M g ~ ~ :j: 00' :l M 00 00 ",' N o M g ~ & 0; o 00 o 1'i 8 o :'l 00 ~ ~ o - '" o 03 :: 8 ..; N '" o N ;t ::1 - - 00 ;:l; or N N o ~ ~ - '" 0; 8 :<i N ~ .. 0: " M :;: :f N o - ~ ~ -: ~ 0; o o o o - N 0; o o o o 00 '" 0; o o o o ~ 0; o '" ::l ~ ~ ~ 3. ~ M S or N ~ M o :1i :2 00 or '"' 00 ::i . N M 2 ~ ~ ~ 00 00 0 - N M ! ~ 11 00 - -. - :1 :1 :1 :1 :1 :1 '7 ! ! ! ! ! 'i' o ~ . N N N 0 0 ~ ~ 0 N N N N N N N N N N N N N N N N .z 0 0 0 'i' 0 'i' 0 0 'i' 0 'i' 0 0 'i' 0 0 'i' 0 ~:. .;, .;, .;, ~ .;, ~ .;, .;, ~ .;, ~ .;, .;, ~ .;, .;, ~ .;, .., :h :h :h :h :h :h :$ :h :1; :$ :1; :$ :$ :$ :$ :$ :$ :1; i a . ~~ ~ N :l '"' ::; ~ B i5 ~ :l 00 ::; 00 ::; o :: - :: N :: '"' :: :! ~ :: '" :: r- :: 00 :: 1:: '" eo c c6 .S e- 0. ::: Q;:'C~ 'r- "'" ...l.<) ~ :: ti .~ l:Q'" '~ -g ~ 5 ~ ~~~ :1 ~~ - i'5 ~ ~ '" ::l 00 N M Ft N o "'" <"l g: M ~ ~ "l '" 00 :: 3 ) -~/7 H .n g . u~ 1:>" . ~ . . H . ~ t< .. ~]8 H~ ::IV) <I: ~ " . ~i ;1:;> . =~ " ~ ;> . ,,0. -~ ~ . " "ll'o$ ~d ~~~ ! "ll.... ~ij ~>'S ~ ~ e b '-'< . ~a ~ . ~ ~ . ~.ez ~ a . . . ~z . ~ o ~ g;- N ~ N 0-' '" ~ o N o "' -- o "' 00 N ~ ::i '" N 9 ~ :2; '" :'!; :'2 '" 0-' ~ 1: '" ~ c e6 '_ _e- 0. :: Q:;'O~ '~ ~ ~..., .:::: ~ .~ ~Q~ '~~ ~ til E G> ~5::: .~ ~ ~ E ~ s ij CS 0.; N ;!; 8' "'- ::: o o M o "l M M M '" "' 8 ,,- :8 N '" o s M ?i '" N IF) <'l 00 " "l '" ~ 00 ~ tt Ii M 0-' "' N '" ~ :3 '" :g ~ o ~ 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 c:/ -;~ ) ~.,_.____...__________' r.....___m._..._.._.._._______ _ o Z ....... Z ~ Q ....... ~-< Q~ ......-<0:: ~O-< SO::E-< g>-<~ ~~~ .-:lZ .-:l~ -<o:l > >-< -< E-< o ~ -p\'E.GO "i Of St- CO\)~"t !:iI' ..II ~oJ:l gl: ~,! <I' .,1 <-i 01. :q .l. ~ ~ '" z '" .. '" > ~ il ~ .. < ~ f- ~ ~ ~ '" ~ ~ ~ ~ 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 ...--'----:> 3/ ~/> ) 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 (/ .--- / ,~ 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 '7/ C / ) I - // v; ~ ~ >d """'z ~-(/) U E-- E-- ~(/)Z o::><~ N O~ ~ ~ E-- 0:: ~ 5(/)0> CJ~~O ............ 0:: ~E--E--o... o::-~ ~Q- o...~ 00:: o::U 0... ,?>GO ~ ~\ ,0. ~sl'- ",~ 0'[" ",,.,L. ,,'{ ---:; co\J~ ol>'-----c;.- Z <-l o r.~ -lUI (/J~ olI;:'; Zo Oz (/J_ -lz r.l- z:E ~ ^ :fJ:' ~!' < , ~!; ~:i <il zl\ ~II ~ll ~! g: Z l>l :E r.l > f-o 0 - 0:: Cl ~ l>l :E 0:: _ U r.l r.l " > 0( - f-o tJ Z r.l 0 0:: 0:: '" ~ " '" 2:i l>l f-o - '" f-o _ 0:: ;.< r.l r.l p.. 0:: ~ 0 ~ '" ~ 5/ -5 / -'" 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' ~ - 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. 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"' "' '" -, '" /\ j- / <) tY~.~. 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 " ~ j/ oj. 5 , , llii"' 1 " II :1 Iii'; .. i II .~ . 'I~ " . . . ;, 'i I Ui '\' , , _UJ+ , ~ ~ ~- ~l' ~ 5 Z 133HS 335 3NI1 H:)l't~ 1-' ! , ., l'~ '-, il , I" >- 0 (i >- ~ i;I;; 0 ", , U ~ I!I '" 0 I' ~ II " " 0: ~ w . ., J!: J '" " , 1,1 I' i ~ 0: '" <i , . " , , ; '1: I,: i I '! ;l-\J c., IV I I' 'j" " ~! , 1'-- ~--~'~;;;.=----:--;----~----- . ,I ' ' , il ! 1/::'1 ...oN' I I . I ." I ! !.:~..!... J..~_. . I f ~ " ~ ~i Iii; " II' " ,1 111', ! "1 ~ , . 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'" " 1- '" ........')1 < >- ...,. ,c._ , T ,..... . ;i 4~ '1--~ & ~~ ! . , _liT + ! _'1+ ~~ J...._..1...._1II l_'S......_ . . i 1 . <l: l- iD :E X w . ; . . i ~ I i ~ ~ 5 ~ , . , ! , i . . . I . . ! " " j #. , , I " I . i~ \j,i j .. ~ . o ~ . o C . 9 < S ;: ::> z; ~ , " ~ '" ~,- '.,.~~ "''(.~r... '1;-~ '" . ! . . i . 0"", .;) ~ ~ . . 3NI1 i-l:>l \f~ 61 ":>3S ::iNn ).~sy] I ~ I = mil . ~I ~I H .1'1 i" 'il . , . " ab f "; i; I w S . i ~ . ~ ~ I III J /-j8 IMPEDIMENTS TO DEVEWPMENT LEITER FROM CITY OF CHULA VISTA Preliminary Engineer's Report Assessment District 90-2 Otay Valley Road Widening (I-if? / ~\~ =~-~ --~-- ~~~~ 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 , -, 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 ,-, ) ' ~ ) , I? '<: EYfllBIT fJ 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) 'i. - ~'7 ( 0 . j j - > J- -~. r; -:";l'1r".::a R ~ :~ ~ r; Dr. ~ ) luein_. Tronoportotlen ."tI "-I". A,."ey " . - .. -~. . , ." .. CaUhrnkl ...~rJ ~~ 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 - 1 - J__'l C} / :/ ~/ 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 f - 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- ~, } .," 5(/ 5 vC .' ~ 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 - ., I S / - S/ 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 - ? i- \(/1 ~), c (._7 PC MH1UT[S -4- 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. - 7 - ,-), c- '7 ,j- ",. J .,' -' , ~./ -_./ 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. - 8- ---" ,"'. /// j /- /) 7 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. - 9- '7/ _ ~L> , ,/ 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 - 10 - '7!_/50 ,)/ , 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. - 11 - 7/-'6; . 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 - 12 - o( , _ y>( 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 - 13 - J / - 2f~ 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. - 14 - S / - 'lL; 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:! - 15 - ?)~7/ / 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 - 3/-,/_;2 , 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 - -iii: -."; :! ~ 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 ~)/ ) . 7' ' ( -/ {/~/ --- 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 ~ / -J {/ I ;. '" ::;;: - ~ -:E ~~ ~U'l oJ'-l ::;> <~ ...~ .~ U '-l ...: ~ - c: 8 ~ c ;,,:: ~ 02 u OJ) t:: "Z;"'ci "2 0 ~ c: u . '" c:e.. o >< ";:; iU 00 '" OJ)... ,- 00 .'";:::: CI) Et) -5(1 ,- E ~.- '" '" .... ;;;J ~ '" ~ C ::> ';:: '" ... '" o ... 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'I ' /' 1-1(;]' 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 ~< / ";' /{ cJ " u c: '" u <;: '= c c '" c '" u u t.:: '" <;: u '2 '2 t.:: ,~ '2 0Jl ::; Vi '" 0Jl a c: Vi a <( - z z 0 z '" " ... ~ ;;;J "'0 '" '" '-' " = ~ c: - c: = ::> 0 ';:: u '" ~ - - , - ~ '"-l oJ :: < E- '" 'b U v .: >> .D "'0 V ~ V '; V ... ~ 'i ' '" c: c.2 ':'::: Vl c..:~ vel ;Ceo .5.5 - ... 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I 2,1 LOCATION , , , , , , 1 1 1 1 1 1 I I I I 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 2-1 })~))3 b u.l ...., a 0:: p.. V Z ~z au.l p;::9 >-<~ u.l ~ > >-< ~ o ~ . 4 ;--._____________~.-' Aumo:Jl"U1OUJI !\ r-' r ---,;.;;.,Joi>.o;.s--------- -:7 I .' L- ,~ __c " I , "'Ii g,~ ~I~ ~'<5 , ~!~ \ I \ , \ , 1- , I , I I ! ,,/" {", r d ~ .' 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E~----1 I .: --..-,!, ,/ r '" I I c' i " 8: J ( :-'-'-'-'---"'-'-/ j \'/ ' '\ ,- D 'C'-- c'(-j) / ! (/- /-- ,-, ;)1// , j ~\/., i \ (. j~jj " ( ? i ('j !j j,.iY j '. , ! ") \ \) ) ! /' ,,/ // /p---; r ~ \ l/j C:<~--') 1 // ~" ,-,"'-- /', ~, 0 \ I' .' ,'? ",'/ / _ (".........:.... f' : ' "-, ," -., , ( ,I' ..: ,/ .... ....~..": . /'-<> -- --, i I ( ') 1\ <:' : -- ( i /"1 \ .,), ): ( (:) C"~) i~' /- \ .,.; /' )\': . vl ~ - \ ' _ (::::. I" <; ,\ : I ,-- I" ,,-- ) .~._I \ \..: \, ') ~ -__,_,"-:' ( \--_/' -"l',}"/) -., ) l' < .,. ,,-"-? '{, :,\.'t ,/ :' ) (///,J'-"'~ / ! __ '\, ~ ','_, : \ l.// \" 1 ~,,;v ...- \ '-\,j\ , " 0".,' - ,'-! I~ I -, r l ~ ! OQ l~ / v' '-, \ . '6 . \ 01_1 . ...;_\_ =. .~. &8~, III \ (,rUerUI G I, ~ti c: '" OIl 0"" -< ~...... - Gi~ c: '" oJll.. 8 :;;j~ 5'C :.} - '" :>z "'"0 - ~ c: :;:"" "'0 ;;;J " 0 ....Q 0::1:0 O~ . . . . . . . ~ -'\ _ _<1 ~ ~ '( 1- 1 !.:; ~_/.I .,'../ 'l I 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, . ~ i 2.2.2 Prooosed Roadwav Desim , , , , , , , , , , , 1 1 1 1 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 ~\ ) - /) ~.' 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 \/-//7 EJ~@;;;'!"!'!"!''''''@n';!';!!@@'!'!'!'!!'!'!'!!;n!!!;{'/!','4;%/!'!'!'!'!'!!;n!!;!!!!!!;;!!!!!!!!!!M%'n,'!!','!'!'!'!\. ~ = ~. ~ }.- ~ ~..... ::,:,.N v :,:::...; Z ~v - ~.... z 0~ ~ 0 1~ a 0 co::: ..... ':-:' ~ ~ ~ Q 0 ] -< ::c..'" o ~ :-:.:- ~ ~ - ~ < ~ ~ """'" ,co:: ~ ~ m ~ ~ - ...... ...... ~ = ....... ,'.',' ~ / -< ". t-< .'..,' o = h,:::: "-l...., "-l...., k. .',', g':? "'l <::> <::> c. ...., . <::> ':'< ) -i) ~ 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 CC'/-//7 ,'> "I Db w ~ o IX ~~ o ~ o::z w >- w 8 :i~ <: ;> >- ;:; o ~ ~ \l " ~ " 1 I I I I I -~~ > ~1~1 , '~I ,I : I' "~-~..~ ;;-~ ~-~ ;tHI1l-Ol"," , '-C-._' i:', [1 i, / .' I i i i 1"1 'I 'III IIU 11)1 ,i~ 1\ ',",\, -\ \ " J' 1I 1,-, ,0 . -, I, I.:? 'I, " .' J d I JL,: (, ~ " .. ' -,fY~C: \:~' I"~ i,lfi'1""'": 'Ie r~ ~7~ ~~] f'.',.l~ '::\ ",'t,',' ,'::J '0/(-; /(" l7',~~', "',' - ."". '/,'1- "'~""./-~ ,Y:. \__l,--1 ,l~/ :::J ~ \ \'," 1 ' , , I, 'f'l , ~~' I ~ 11 1J) : -t, 'L~ [1' rJ~ ~j ~"= ~.~_L____:~-- , . . tID ----~ - ,-~ -.." ---- ...-,. - _/ ,......- -, -.....,.----~-1.'--. ___n_ ~ 6 oi: .. ... - t- . 'C C = o '" !.> o ;.. < ~ "- o ~ ::c: o 02 b ~ -, o 0:: ~ Cl ~ t/l o ~ o 0:: ~ . ~ I t3 I ;~ I i 1 1 I I !~ c -; j - l)(.J o r.,\) ). ::,'l'~ - " c (> . '1.1" jJ]11 -+- h co (l) co (f) "- :1 II C II II 8 II II '" II II ; - II II ~ ~ o <: ~5 01:>. 1:>.;.- 0<: ,,~ I:>.~ o " I / ill Db U.l -. o ~ ~ o z - z U.l Cl - ~ ~ o ~ >- U.l .....l ~ > >- -< E-< o in '~ ;... -t "' -t N -+ N -+ N -+! l!J ~~ ""Ii-) -tQ +... a: '" N ~ -+- <<j ~ ~~ '" ----+ ;... 'L "': in -C i I) "/ < / -, "~ -~- z o - u:l uJ Q ~ ~ Q <r: o ~ ~ o z o 6 uJ u:l I u:l u:l o ~ u ... , <'j N .., ... =' C/) ~ Phase I. East of Nirvana, both the eastbound and westbound lanes will transition 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 2,4 -., / /1 '\ LJ .w"' I '.........J ..~\, , " r-~ " l: Y,'-' D '~, ..... !' _~OT_ r \/ , , ;;"-,:}," (~ ' 't \J '~.1 ,', ", 'I ,,--. ~ ~ ".,,~ 'I ( ',' '\ l,. ,,<,f ,(1(, ,;;, ~'lJ\:/ , I " ~ " /-......l", " ''',-'' I {JJ'J '. 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'" 'Oi ';> '" '3 .c U ,~ o 0 ~~ 0'0 C : ~ "'~ ~~ . 0-..... >'>.8 - - 5 Dg!....-.; c - c oO"''"u 00-, Q.e ~oOt: '- '" ~ &8~ :-:: u 5.... ~o:: ~c ";c < Ill"::; ~ .5 u :~~~~cee >.....c:;-u...._ 'S: ~O..E e :; ; '= Iwo >. ~ t:: c.. 8- u c.. -::::: c:J i:I:l Il),...., <t:. ~'= Q fro- o:o:l~ l:ll)tlO C ~ e ~Q C.S E <( En: ~'c a "'-'Cuo 05'2 ;.!:! Oc:J c-o. "'i5'0'~ e ~Q., >...-U:;o-oo Co) c...- U c.. 00 tlO 0"":)>:'lS ~.9:!.~ ~l"O:~VicuO"'" ~~.E>Ci;; .G >.U l"O: c:;n v:l >,U'--; \"0:'-'0 C'I:l= 0..= r/) 0 0- '" >'u ~ >. >. >::::: 0::: C g ~u... 0 :~'u... g t: 5 5 ,~u ;;-u 8.'~U"liil:",- a;aJ-...cc..:.:: "J Q) =' ~ tl:l o.~ ......cQ.,C'I:lr/.iuu.. :g~.= Q., iU CU..::; - v.Q C..:.c ~._ '" '" 0 '".. _ j 0:O-O::Q""", Vi " " - ::> o '" 1.,/ 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 -) J , , Ji ':> ,...,.,/-. .' 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 '" J - / ::> / , ! 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 ') \ / 1'--' ,) , \-,-- TIT TOO ......J , , :~. , '," .\, ~,\, \ " , LEGEND v o ' "" fAUlT ~)7 ~_..... j -~ r;""'!, <::.-" )::....-. , ~/'... - I f/ /'... . "/- SOlId 11.... ....fr. ..1ttr.cr I, ~trUI", dnhoN ."r'" inf,rrlP<l. 6Ottl'd wt'lt..tCOl'l(tlltdt1101o1~_,)1~,,jlllll,v.IIPthrOoot'l,jllt.o,~l''rOOft' '1..... 11rHlh HrOio"no! "WOIl)'" i""le.lI dip of f'lIlt ph".. aoullh ,,,rOof' lNlltHt "nit, of "hr,l ,ltp, <>---o--....o--...(f--o--+o- fAtllT 1...(..[0 ntCJII ~OPMTSI'-'l (VIDUCr S.. .lItt 2 for ..,...tlc, ".uH, I~ "l_le d.U ..... 'or 1 ,,1I.."'u. lAH'L(ISTOC(1I( (h"ollltF_Ooft) tM:LT'L(lHOC[1l( (Lt,.ulIU fo...l!on) TtlTtAIIIl oa ll.O{.l: STUU (SIII\!)t.fo....tIOll.Of., f~tI0l'...,..7'.."""p,ll Jolh '''0141. Rourto lOr""",) L a u . ~-- . -- ,+ /"..-,- '''- ' v , , \.\ .I ,\:\) ~11 , , '''-... ~' , .......; 'v<:, l~~ ~/~.._ I" - ,. '- ...... ( .~:.&i.i-~'- c..Ji " './ - '. .~~ ,.,- :~/-'f,_ ...-..:,).\ ... ..~ .,t~- '" -?-v--- '/' ,'-,1 ~'O _ '___;i1I!,..-'- .<7. - FAULT LOCATION i\:--:D MOVEMENT IN PROJECf VICINITY Figure 3.1.3 , ~ T/' A"; Of 'Al.II.TICIYIMlIIT , o Cl"lUll.tUr1...:1ietl.1.,.O'Urltlll_to botr.lIltl'll,l_r""l.turtrOlI1C.UI.,.O' lIrltlll_tobr..",hllltl'll. (:s.u'l'}'t>tolOlO' ....; alt 4l1C\1nl0P\ 0' "" 0' HUll I,..lull ....;lIOt'.lIlttd! , , ,~ l.,. tll .t. 0' hlllt __t I,-h TO' T" ~tr.t.I ....; .,,, r'lIltl'll ""'tf'IIHPd I IO.OC(llf (S.ll,.IIIlYIII..ll~I~) H h Q T LEEDSHILL - HERKENHOFF. INC. " / '7 \ " 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, 3-5 ! <, L/ ~)~ ,J , \ '1 c r \', " ) \\ ) ,J ,) \ ) \ " '0".;...' \~~1' .~., ...., '., _')" (io~'1~;':;;""'" _, -_.......:/,.."0<:'10\ '-. ..........-- """.., _.___--.,.~. l/'~- "- /// -) a , ,I ,,' ' \~j5 : )) ( "I'';: ,~~... ._~16 . i:/o 51~ 0,0 UI , '\ \ /! i ,/ I; !) ,/1 11 I.) !") 1/ I - 1\ /") . ,I i I ( ) ,-1 \ (..J , . .:....._1 \'./ ~ ~ ~ ~ \'-...., \ \, I, \~ " \ ) ----) I J --I / i ( '. ~ ~ ) ) / \ ~^V ;lulo'I"Jipue18 - - '\ '. , '. I (/ ,-/---"\ r-- " , ~ \ I ~t! ~ ~ M c: 0 0"" N et:'""' t , ;.0 .. M ""et: ~ N oJP-. ~ ... ~ j: cz:: ~~ ~ ~ z ::2 ;;.- ~ u 0 ;.z ;;: <"" 0 ...0 o~ 8 ~ / r \ ,c -"- ., I, / " / ) ,S \- ~...." ~ I \ ( g \, , \J ,..-, , J. fJ < / ./~ ~. ) /.. \ "\ ' ) , / , ~ 0 0 ( \\ N I \ '. ) " ; ,--...-" . o()~~ " " \ ,'~ '", 4.JfJ{jf! 1 01/0 -, \ L_ i'i1'?\ UV ", '" _o" " . V:J ... .",.....,.. - UJ"':" ," --14:=-v/ U:; I'. ~1ifn/-- 5,~ ~iC 0 IJ. l. vi~\' . , ,~~ -",- V:J /.5l..;_-::::--::, (~) U.J / . / ._,,/-. ,.J ( \~ i _ ._-~-~-) ~ ~ ",(.i'! ~ '-- . \ I " ," ) ~,J / I ( I rT1 "~ "J .') Z //-! / ;' ..... / I <,,(,/ ,<::"" i 1,_/' i ',) ~ ->-r'-'_: ..1' ~-j , , - -, ) / ( ,,/<:>//('//(' (J"':>5'iY /) (---- \ \ / / / , c-'~'''-~~:~ ,------<? (:: ( _"',-/ _----..J (, ---........--.. ~, i ) / /'.___- I /_, \./2 c'~,-,~) '1,'-/- rl ~ ' _on) ~__' 1.._. __..-. ~I ( ~ - . -:;> ,_/ ( . _J/ (', (~, ),., ,.,/,{/ (' {,'",j ....-.1 (, \ \ os I) ,:,_c,--''(() ;(/1 '-;10 -J >."I'g ( ) ".--- \ '3" ~ ( --- ~!~( ~J,~ " 9~U -~-..- -_/\ ;> (---' ,/1 \-. \ fuetuJ , ~ .. ~ S .-~ J n .----- ;'7 . 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 c-, / Ot; ;..:..l ~ o 0: 00.. < " ~ :!: ~ D >- U-! 0 ..,~ :;;: > >- < f- o ~O<t: :2 ~zu..l ..; O<t:~ u U-,z<t: a Ooz Ii: z-O <t:f-- \ ,<t: t3 -u t::J -~ Of- OCll ~5 u , . ! ~ "1' . , ;; i r'I"I~ : ...J ~ ~~_._. ,~ __.- ci: ~- ~ :~ ,~ I " , . :~ '\ :! :::l " :~ ,,~ '.',;'0; ... :~~ ,"' :~ :tj ,i. ' ,hill, :; \.,1, -\ , -, .' 9, ~ J , ,f , , ;1 '> ,.1 I.-I ~ .; L.'1 ~.; ;-., , , I'.,., _.:E-~- -.--"'1 ' - ~_~i.l!'- ==:::-cc=-r=:.--- ID----==-;- . "'" ~. " r " 'i' /I,:' I ~;., (II 'I :I! ,9' ,r,\"., , ' " ,1'1' ii " , - ;':' ~ , fi S " I , ~, ! " , b~ ~~ 8~ " f" i I" I! ~ .'l'; ~ -' ~ '0 ~ ; ~ '1- I Q 1J :~ 3N~'~:l;;;'-'-'- -.1" ':~ . " " . , . u g. ~ Vi < Ii: a 15 ~ ~ '" i I , I I , I I hi <..1' '-J! ....i g~'I' -Ill I! I 2 I " , , " ~ / ':~ 7 1." 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 '? ,/ \ /1 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 -:: /- , } ! / > '-- 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 . / I. 3-10 Dt3 u.J -, o 0:: 0.. o Z - Z u.J CI - ~ ~ o ex:: >- u.J ......l ~ > >- < ~ b "', ", tIl..:::: ...... ,___ .~.~,;. ,/-- 00:" ,1__ '. 0: '_'_. /..' \ c::: ....r.--: !'-4~ .' '\ \ :-..4--._-----..0_ ~ ~ ~ -J, c- O (, .. '.' 0 ,>-<, ,J es'._ +--q~: ~ a IOQ ~ ~ tj,. ,.- ""'. """r=-_~' , J/~ .--"", /- -'~ , "". ";i!{~':>:J' c . '" , , . :-'~~:"'i '- u:; oJ) Oil " 0.. iJ,:.,i:, . . 'l :-.:.. ,l't, M, . . ....~f> I) I.~ I : :J~ ~<'<'~r-: ! ! i . ",. " , , <:; \ , c , .. , C;:/ l "J :i ~ .,' ( .... '\ .. III c:r:.:'. , IC"':l , C"':l "C'-..j. 'I I )- f.... ~ ::J 14 :;;J ~ \------- c:::: '. ~".,,,\t: ~I;,.;..~., ~'o;'".~. :, =_ ' ~~~.l..! ~:"~.ft__;;_.-~ _.1" "-.- - --.,c .".,. ~. '0;"4: ,_~ " "5&,. ~ :::,:,;~/"/~'~k(:~'<c ","". "~ -)("'='~ ,.~ _P~~"",::,- '~-"i:"\ ~';. ;..~'''''~!:,'.....,.,..__~._ '~n 'l ~.l,\ ~ I}. ~~.~ ,,/~',.. ". ~, _ -. '=>-~,', -\~~ ';"""".-1 l).. ,~ '......_1';,- ,,' - " ~ I ~<' ...-- ~ /'" . :[ ~rg ;: '--0'; I 0J;-:-; ~. 1= " 'co ~.r-- __'- ___ ... .;, :) Jc.o J\n .q I I ,/ j-'\d _..__P I '=-;-\ . -'. .J "I I .J .., l \ :> I. ,- / ,<': , .. , 1 ,...., --- :;: c :? '", 62 - - f....~ 0:;: ad ~.~'" ~~ -- -.JoCl CJ~ :":S!' tJ..;,,, '" I.r.l- ",<:! :":~ <0 -u ,""u ~\ C)'" '" V) ~ . c , ,~-:'" '( CI) u.1 ....... t-< ....... ..J - U <r: I:J... (.il o <r: z ~ Q Q Z -< u.1 o -< z ~ <r: ~ Q o Z ....... t-< CI) ~ >< u.1 - , "! <") '" ... 6'c ~ 5<' 2 c f.- kJ kJ "- ! 1 J~" TABLE 3.2-1 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 -, 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 .---) i.- )ll ? e/) fo- ~ I-W > .....l :J U CJ Z - f0- e/) ",>:2 NI-W ,', "'- wO -Ie/) o:IW :<~ ""U < i:... < U Cl ,,' - fo- < ::E - f0- e/) "1 - '-~r./;""O 1:'::1:- 0..::':1 Cl,)- -....... >;-; ~C2~ 80>"'-3 -1:0-5 ... """, '" '" 0;;' ~~ ' c '- Eoi:" U .-0- -- '" I-W E - >, ...- ::l ~.u~ E- '" '" .- :I c..t) ><u '" '" u ::E ~....~ ... '" '" a.>'" o.c'- <CU - '" '- c: ::> 0-5 (l)""::l~ "Z I... :l.O::':l ct) C';\ 0"'0 0 Q) ~ZI-W~'- u::i ;:)t:: '~ -:=v:>- ~ > (l) v O.5WJ~ ;:: '~ Q:)Q.)>i> ._ :> 11) ~ ..=..=UJt.o-. t~ t: ., ~~ - = ('r') -- :;"jvoooo..o N::':lrr)_ E- 0 E-- e/) e/) r<"'j oq- N N r- IF) - \0 r") '-0 r') N "'d"r')\COCI.O :1'. 00 ("'.IV') - NOOOV"',O\OONNV)O- ~N::Cf'1....c-N-1.O -"'d" ...... -- ...... ...... ooo--oo\Cr-'..oOOOOlrlOO O""":N..sOO""":O""':oo""": --- ...... 0 lr, xV') 0 0'. 0:::; coo -.o~O-:O-:cior-:ov:o-:o-:r-: N(""')NN""=Tv("")~I("f')Nf"")v ------------ vNV')'-cOOO===OO "",""d"r')r')ooV')o~.ooo r-j""":""":""":""':-.c-.ar-:o:-r-:v-:o N N N ('I r-1 rr; N N N N r<"', -.:::t ------------ t-lrl-.:::tr-vOOOOOOO oor-r')r')'o::t-oo'.c-.:::tr-v N~NNv)r-:r-r)xcir-:'.cN NNNNNr:r,r')NI"')Nr')""d'" ----------.............. Nr-lrlCOCr-V)OOlrlO OOr')v'-Cr-V')O'."","oc"o:::t"'=T\O r-- :c..,. ., /""'"'10..0........ c......... c....... <.... '" 0... UUUUU~::E~o..::E~~ ~~~~~uUU6uUU -------- --- ;:"'uuuuuuu~uuu ><zzzzzzz><zzz ... -------- --- N " I , , ,- , , , OOOCO::C-.:::tN"'d"'E,::cOCO "'d"-.::tr')"'d"N-.::TN'-'--r') """-""';""':N""':""":N.....:r--r.....:.....:....: - ... ., > ;;;J U -Nl""):-:I"d"ln\Or--::cO\O- '" -- - ., c: c: '" ... "" E ... .s '" ,.g - - " ., ::l c: '" > < '" '" 2: z ... ..:: or. c: ,9 ::; > 2 '" "" ~ c;:: '-' ! ./I/L'/ \ / / .'> f --- - 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 ,? / - //~ ' ., 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 '.7j,/i)//, /)' ~. 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 r) U _Ii! 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 "I-I,j)<'/ .'.. , ..' 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 o I ) !~; . 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, -") / ~--,~ . c 3-16 uti ~ v .;: ~~\ f= ~ <( \ .", ...... 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" ~ -5 ~ ,~ ~ ~ -'? Ie u . . u . "' ~ -" -" 0 ~ ~ '" 0 . u . u is ~ .:J -;; >- >- G {:1 @ 0 ... e 0 0 ~ . o <: M -1 ~, " ? u: h '" '" "- ~ ~ ~ 1_, , I I I i i I ~~J 01 ,; J.. 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 . ~.7 1-, > 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 / ! ;- ;/ ~ ' (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 /; ~-, .:....., (, 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 ~-) ! _ ) L] . 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, ! - ! ,Y 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 J ~ -' / '7 J -. r'1f- LiJu u..l ...... o ct:: 0... o Z - Z u..l a ~ a <t: o 0::: >-< u..l .....l :;2 > >-< <t: f- a -, ....-. '" ..................... .................... ..................... . . . . . . . . . . . . . . . . . . . . ..................... ...... ...... .. ..... '" ................... .... ...... ........... .......................... ........................... ............ ........... ............ :-:.:-;.:-:.:-:.:-;.::::::::.:::::::::::::;:;:;:::::;::-:-:.....:.. . -. ... tr.J ~ 0::: o ~ o 5 .. - ... ~ .. <') ... Q) ... ::l ... ,':!l ::::::~ ....~. .. ,. .. h "J .. "J k.. ~ ~ ... ~ '" ~ ~ <::::: N 8 -. I I' ", ,I: II! 'I' " 'II -;;. o ...- o "--' ..':.. <.:c -l-~"':I. ~ ~~i;':: ~ I ) <::>.. ;> J I " " ..,.;/(.... . the crests of the northeastern hillsides, Current elevations along the roadway vary from 118 feet to 142 feet above mean sea level. \ 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 .-) >?' 3-31 Dti OJ i3 ex: "'" <.:J c:: Z <( Z o OJ 0::: Cl C;;~ ....l ~ > >- ;< .- o ............. ol:::::::::i:::::::::nl;:::: n. !jj ~jjjjj!jjjm~~jj!mjj 8~111!!!!!!!!!!!!!!mll~ ........-,...,7'"' En .:::::::.:...........:: ~ r--'8' ~:. n' .,.. '''U'''' :." . . \,.:=-:~,:,):-.>.. ".": .'. ':J\:.'~' . . " ,. ~ " '0 .5 .E .. .. ::I .~ .... '0 ::0 ] a ; ~ E ~ ~ .~ :2 ~ t>tI ~ ~ ~ ~ ~DIDI , I , J! -, ,. ~. ," ;;s~ E..@ ". , i,; :5l!" ~~! ~!! :.J~ll . j ! ~ u.l (I) :l o z :5 v z - f-< (I) - ;.< u.l h '" '" h c c c ~ . o <: 8 .. \ c / i, .-i 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 l 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 . t ... ... ...:... ... + "'j" ... ... ... ... ... + ... ..../ ... + ... ," ... ... + ~_... ... . . . . \ ! . . . 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"~~/'''' J"~ ,- .. \ '- V)'!' ~'" .......'" ~~ O'~ 0"- ~ ~ U V) ~ .....J p., .....J <r: ~ ~ Z ~ o V) ~ Z o ....... b ....... a V) ....... ~ ~ .-, ~ u..1 ....... ....... , r-' o 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 . ~ ~ ~ ~ ~ ~ . , , , , t "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 , ',.. . - ';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 ,/ ,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 '-'. ) 9,j 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) .7 , I ~ 7 I San Diego co_u-,,~ CltV of Chula Vista --~ NIRVANA AVe MAXWELL RD .... Z " ..It/) Q.t/) W " (,) (,)(,) o " a: 69) 01: ~1: ~ -~-- o " ;; 0 )!!c: o '" '" ",' ill ;; '" o v ~ ...: .... ;; Z )!! => 0 0 0 u ~ w '" 0 ~ .... 0 " '" " Z ~ w w c: -' " " .... -' w w '" " -' " w > " , 2.1601871 x . . BRANDYWINE Ave x OLEANDER AVE INLAND FREeWAY 86,000(88) . . . '" '" o '" "', v " " .... o " .... v> > " -' => "'x V;ZU w,,~ uc:O 0:...." =>-'.... 0"- ",uu - . '" .. ~ "', ~ (,80S 79,000188 -2- .,- , CO C') OJ ~ :J OJ u: C/) W ~ ::;) ...J o > () IJ.. IJ.. <C c: f- >- ...J <C o Cl Z t- (/') >< W u ~ t -" -' .... z '" 0( 0 z 0( " u 0( ~ "- .. ,- , INLAND FREEWAY 1,805 <( >-- '" :; <( -' :::l u :t ~ u t ..i u. " . 0 ~ z >- ~ >-- 0( u '" '" z '" "' 0( u > a: u :::l 0( " 0 ~ '" 0( = I 1(.' . ) ( count\' San Diego -Yi-;ta - fChula CitVO A AVE NIAVAN MAXWELL AD BRANDYWINE AvE RAVE OLEANDE D FREEWAY INLAN ~, " ~ " a: o 00 j~ t 3 "J 15~ m~ o 0", 00 n 100J "It 100-.-. g~ "':! >- W ..J 0"' ..J O~ ~ N<O > ) ~ 290--' ~ t 350~ 0 ~ ~~ ~ >- o - ~ JP 80-'" ~t 200~ ,.... ~ 0", <om F - ?ll '.80S C') , ~ C') Q) '- ::J OJ u::: en I- Z UJ I-~ enUJ <:> 00 UJ~ a:(!) Oz lJ.._ ~Z a: a: O~ ~'a: 1-:::> UJo Z:r: I-~ :::><: OUJ 'a... o :::!O :::>Z (Il- Z a: o ~ $ u ~ ~ u u Z 0: .0( o Z .0( " u .0( ~ ~ .0( '" I '7' . County San OteOO ~Vi$ta t Chul8 City 0 A AVE N1RVAN MAXWELL AD BRANDYWINE AVE ER AVE OLEAND EEWAY AND FA INL o " o a: o ~ 00 M_ ), '40....... ~1 580 ~ ~ ~ o 0", 0", ]~ 200-' ~ t 600~ 00 0"' -:::! >- w "' ..J 0_ ..J """ " "'- > ). 200--", ~ t 250, 0 LIl _OM M~ ~ >- 00 " JP 40-" t 80~ g ~ "';!l - 211 1.805 en I- Z UJ ~ I-UJ en> <0 ()~ UJe) ~z ll..Z :x:: a: "t a: 1= ~ .0 a: Q) ~::> ~ I- 0 ~UJJ: u:: Z I-:X:: ::>< oUJ ,0... Oz --10 ::>0 a:lz a: UJ l- ll.. <! u z t ~. ~ ~ z " < o z < >- ~ < ~ < " , ........ / / . '-- 7 ';~;, -.~ ./ - . coun~ $en OIt!1JO "'Vista ~ t Chul8 CItY 0 ANA AVE NIRV " MAXWELL AD BRANDYWINE AVE ::> " o a: ~ ~tlt . AH ~ ill! t >- W ..J ..J " ~l~ > ~ lIt! >- " AU b J 111 \ ER AVE OLEANO INLAND FREEWAY - <ll >- <II .... w " o .... '" W ..J U :;: w > Z a: :;) .... .... J: >2 a: a: o ~ J: " ::> o o ~ z w ~ 0 ~ ~ 1-805 . en Z o I- < a:-I 0::> ll..O -I 0< UJo ~::> ::>0 en_ en I- <en LOen< , ~ Z 0 cry 0-1i! ~ I- 0 ::J < ll.. 0> a: i.L ::>:x:: "a: U::o Z~ 01- OUJ UJZ ZI- <::> -10 I o -I ::> a:l u Z i! / ~ < " --) J ,~c , 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 ./ 1 .1 II I' o <( o I c::: I! >- I w ..J :i! i: > .1 >- <( t- o <f) cD '" l" ::J 0> u: i 1\ I , .. *1 J ~ L()~/ 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 , I 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 3-60 -0 ") 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 3-66 " ,- 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 ".2/~ 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 -) I ')1 J / "1 ~("~ <-'/ 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 / I .__0'" ) ') '- ._;--'. --"- ,/ 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 3-72 "~~ '] , I , , 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 .-, \ / -, '-)'-) ...L~ '- , 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 ) I '-i .~ 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 l/ 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 ";-'1 .-~)! ..':J ; '\ ,/ -- 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 ') )C' ) ,r G.____ 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 --) ;, ) c/ 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 3-79 , - ,-" ,--- I, :c 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 3-80 -; / - "./ 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 3-81r -~).I -J " \ '; 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, 3-82 ! I ! i //' 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. 3-83 -/ I ", ! LI , Otay River Valley Agricultural Lands Dtay River Valley Wetlands And Mesas PLATE 3 REPRESENTATIVE RURAL VIEWS SOUTH OF OTA Y V ALLEY ROAD)! 'L / , ,- . 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 3-84 Ii!..\" 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. 3-85 I !./ ! 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. 3-86 ) '. .-<. t / ~ 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. 3-87 - ) ! / ," / 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 3-88 -) 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. 3-89 I. 1./( 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 3-90 ,'---; -"") L/- ~'-' , I 1 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. , , ., 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 3-91 ! c- . , / 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 3-92 /: I 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. 3-93 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. 4-1 ~'. ,.... ~ '.) Ot; UJ o c a: <(i:W 00 o:::~ >- Z u..J UJ ...J 0 ~~ > >- <( '- b .. '" i.: '" c . :' a '" i '0 rl W ~ u W > ;;: I > - - f-< t--< --< --< z z ~ ~ w W t--< t--< ......l ......l --< --< '" ~, .' 31'<<1H::>.1~ j ~ '"' g ~ ~ .... ~ '< ~ ~ , ... ~ , [2 > f: tJ~ u.lO::: o~ g:< c --) \ .} , I I 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 4-2 ",''') , , , c_;;.- --:;;" 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. 4-3 ) I 1 <.---- / , ,,;"/ 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. 4-4 ( ) ./. ) 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 4-5 "7 i r'C - 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. 4-6 I lr' (~) 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. 5-1 ) ! I /, 1":_- C 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 6-1 -_.~ I ~ 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. 6-2 '-.-j i \ 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. 7-1 ",! 0 ~ . ..J, 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 8-1 ~) /~ (/ - J 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 8-2 , 7 . .~. -J'" - ~, 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. ~ ~ 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 , , 8-3 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 8-4 " I } / ,- 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. 8-5 / '\.' 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. 8-6 } I~: <; < 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. 8-7 --) -'- 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 32.- 'I CI ~~ CI U ...Jijj h u ~ ~! I~ CI ~ CI U'l ffi ~ ~ i i I c U.J U'l > U.J a: ~ u ~ c z i! 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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. (cnccp.a1I3) '5 ~"''3 >- I- Z ::><( Ow 00: :c<( 1->- ::>0 0::> (/)1- -.J(/) <(a.. -0 !zo wZ I- o a.. Q) C 0- <l:: o :; "' '" :c " '" :> '" ~ >. "'" aCi "," '"i:i ~!;j "'" ~ CI) CI) - C Cl:l CI) " , '" c -= -= u u co co ro Q) Q) = 0 = c -, u 0 CO - U? ....J U .~ CO 0.... ~ -= u ro c Q) = ~ c c CO , Q) u . 0 o ~ 3."~ .: u Cl:l c;) = .!!:! ... CI) CI. E - o o x w '2 <( w a: <0: >- C ::> .... f/l W > ;::: (J UJ n. f/l o a: n. I 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 \ . ,'........:....t. The Resources Agency Pete Wilson Governor "i of California ,ii 1; :~-~~mP.~!J~~:; \\~eeler "wi WL1233, :':J-') U ~~~~ CITY C,O" 'c '" C,J",~!'"!!- CFFI'<o "","'l VI.)T;;, cl~ 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 ~3-: Il, _._.~ _. ..."'-...,:'.,':,,~,II .... 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 J .~ 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~ =-~;: ----- -- -- -- 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? --.- ....--:----=--= -- --- 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- ~I - /7. 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"T \ M i ~ ~ 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 ,) f.f- r E " 't' , ".", I l\: ' j . ., . I .. !i " " I :' '~ .f .\- . k , 'I' i ' " . I (I. . .. I \ 1, I: 1 ' " r " ~ J . ' , ,. , .. i' I .' , 1'1 L ,1', ,'..', l': t'~~ .r I ~!' . ,'4f :"1 \1:, h, ~ , ,', t.' I ,',\ ,', ~, :'\ lit. :1. ,,' . . . , . ,'_..wm__..'~_',"'__ (: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, 4lr ~ .1Dft af work f!"* , .J J' f\C,( '1 €Ltc- I I t(,~ . (O\OONTRAC'I\II0ILEA) ~lb~C"tr.~~o~ . 1~~~A.. ~ ~t... a . J.!!.1 .s. 3 'L v.j .s-I. Sr., '])'{,u. C'A- "l,!') L., kc. r 'ne- 1I1f" FvlA,,~ 1>~. - . . E I ('tV 0 '1 , (',4- n. 0 t.<:I V4~ ~c... . qq"c, 'J)olo.-.u 51. .5{:; 16~ 5;> ,.. ,;.,; I).. (~1 r fit 9 (9 "17 .. Amount of work "Y 'lo\beol\~li'.otor 1ft DoUan Mo ~..tlo~ t:.ad. - . -,), Ot'lCl - ,~,I~r."ru ~ JIf'- , (,9~{ ". p (l,'1 v>, C;~ / , .. ;: '. '. i "" 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. / 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