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Agenda Packet 1992/06/30
"1 declare under penalty of perjury that I am employed by the ~ity of Chula Vista in the Office of the City Clerk and tha~ I posted this Agen.qa/Notice on the Bulte~in Board at Tuesday, June 30, 1992 the Public ~Servi~,e~s Bu3ding ~nd at City Hall on 6:00 p,m. DA1ED./.,?~, ~ c~:2 SIGNED "' / ' -'I '~/ ,, Council Chambers zt ,." ". '~ ////" ~ Public Services Building Special Meeting of the City of Chula Vista City Council GALL TO ORDER 1. ROLL GALL: Councilmembers Grasser Horton __, Malcolm __, Moore __, Rindone , and Mayor Nader __. 2. pI.F. DGE OF ^IJ.RGIANGE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None 4. SPECIAL ORDERS OF THE DAY: None CONSENT CALENDAR (Items 5 through 20) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmernber, a member of the public or CiOd staff requests that the item be pulled for discussion. If you wish to speak on one of these items, pleuse fill out a 'Request to Speak Form~ available in the lobby and submit it to the City Clerkprior 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.) Item~ pulled from the Consent Calendar will be discussed after Action Items and Boards and Commission Recommendations. Items pulled by the public will be the first items of business. S. I/VRI'FI'EIq CO~,~tVIUNI CJtTI ONS: a. Letter or resignation from the Design Review Commission - Susan Dornblaser. b. Letter regarding a parking problem between Garrett and Glover, north of "I? SQ-eet - Sharon Pearce, Director, Silent Voices, 191 Glover Avenue, Suite B, Chula Vista, CA 91910. 6. ORDINANCE 2519 IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM ON 'DIE APPLICATION FOR OR ISSUANCE OF ANY LAND USE PERMITS, INCLUDING CONDITIONAL USE PERMITS, FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS EXCEPT UPON CONSENT OF COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY (urgency measure) - Staff is in the process of preparing a General Plan Amendment and implementing ordinances which would allow the City to establish planning, siting criteria, and processing requirements for hazardous waste facilities. On 5/12/92, the Council adopted an ordinance establishing a 45 day rnoratorium on processing of land use permits for hazardous waste facilities. Staff recommends Council adopt the ordinance as an urgency measure. (Director of Planning) 4/Sth's vote required. Continued from the 6/23/92 meeting. Agenda -2- June 30, 1992 7. ORDINANCE 2520 ADDING SECTION 19.14.270 TO THE CHDIdk VISTA ML1NICIPAL CODE ADOPTING PROC:I~.DURES FOR THE ENFORCEMENT OF CONDITIONAL USE PERMITS AND VARIANCES (second reading and adoption) - The City currently enforces variances and conditional use permits (CUP's) through its implied powers to modify and revoke permits or as an express condition of the permit itself. The ordinance codifies existing procedures and criteria used to enforce variances and CUP's. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) 8. ORDINANCE 2521 AMENDING SECTION 12.20 OF THE MUNICIPAL CODE REGARDING IMPOSING A FEE FOR CONSTRUCTION PER_MITS ISSUED TO UTILITY COMPANIES (second reading and adoption) - Historically, the City has not charged a fee to utility companies for permits to do work within the City's rights-of-way. It is the intent of the City to impose a fiat fee for each minor permit and full cost recovery for larger jobs. Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) 9. RESOLIYrlON 16690 APPROVING A MODIFICATION TO THE AGREEMENT WITH LE'I'rIERI- MCINTYRE AND ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTAASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGI~ F. EMENT - The Otay Ranch Project is entering the final processing phases and additional assistance is needed in specific areas. The request will allocate one additional Lettieri-McIntyre & Assoc. staff person to assist in coordination of such projects as the General Development Plan text, Sphere of Influence Study, an the Public Participation Program. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 10. RESOLLITION 16691 APPROVING A REVISION OF A THREE PARTY AGRRRMENT FOR OTAY RANCH DEVELOPMENT PROCESSING BETWEEN THE CITY OF CHULA VISTA, ROBERT BE[N, WILLIAM FROST AND ASSOCIATES, AND BALDWIN VISTA ASSOCIATES, L.P., AND AUTHOR[ZING THE MAYOR TO EXECUTE SAID AGI~EF. MENT - Additional development processing work is being requested of Robert Bein, William Frost and Associated (RBF) over and above the original scope-of-work for the Otay Ranch Project. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 11. RESOLL1TION 16692 ACCEPTING CONTRACT WORK, TRAFFIC SIGNAL MODIFICATION AND UPGRADE (FISCAL YEAR 1991/92) AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS THEREFORE - On 2/12/92, Council awarded a contract in the amount of $82,400 (including contingencies) for the modification and upgrade of traffic signals at various locations in the City. The contract was awarded to Knox Electric, Inc. The work is now completed. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. 12. RESOLUTION 16693 ACCEPTING BIDS AND AWARDING CO--CT FOR CONSTRUCTION OF MAIN STREET WIDENING FROM INDUSTRIAL BO~ARD TO INTERSTATE FIVE - On 6/10/92, bids were received for the "Main Street Agenda -3- June 30, 1992 Widening Project from Industrial Boulevard to Interstate S". The project is funded by Transnet and is intended to improve the drainage system, traffic flow, and safety by widening and improving the northerly portion of Main Street. Staff recommends approval of the resolution and award contract to Granite Construction Company in the amount of $341,381 for Alternative B which pays prevailing wages. (Director of Public Works) 13. RESOLUTION 16694 APPROVING THE SUBMITTAL OF AN APPLICATION FOR FOURTH CY~ ~- FUNDS OF THE STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) Senate Bill 300 created the State/Local Transportation Partnership Program to identify and construct locally supported projects with a minimum of State planning and review. Staff has prepared an application package to CalTrans, the agency administering the SLTPP, and is submitting said package to Council for approval. Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLIJ'rlON 16695 APPROVING THE FINAL CHANGE ORDER FOR THE RENOVATION OF 'NORMAN PARK SENIOR GEN'I~R', ALYFHORIZING THE DIRECTOR OF PUBLIG WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY - Proposed Change Order No. 3.0 is the final contract change order with Davidson Construction Co. and includes various revisions, additions to the scope of the project, and provisions for additional work not defined in the original contract documents. Staff recommends approval of the resolution. (Director of Public Works) 1S.A. RESOLUTION 16696 INITIATING PROCEEDINGS FOR THE FORMATION OF OPEN SPACE DISTRICT NUMBER TWENTY-FOUR, CANYON VIEW HOMES AND ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORT THEREFORE - In order to initiate the proceedings for the formation of open space districts, the City Engineer must prepare and file a report in accordance with the Streets and Highways Code. The resolution will begin the process for the formation of the open space district for Canyon View Homes. Staff recommends approval of the resolutions and set July 21, 1992 at 6:00 p.m. as the date and time for public hearing. (Director of Public Works) B. RESOLUTION 16697 ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NUMBER TWENTY- FOUR AND SE2~I'ING THE TIME AND PLACE FOR HEARING ~ON 16. RESOLI3TION 16698 APPROVING FIRST AMENDMENT TO AG~ WITH BASMACIYAN- DARNEI.I., INC. (BDI) TO PREPARE TRAFFIC SIGNAL PLANS FOR I-5 AND PALOMAR STREET AND 1-805 AND OTAY VA!.I.~Y ROAD INTERGHANGES AND PROJECT CONGEPT REPORT FOR 1-805 AND OTAY V.AI.I.Wir ROAD INTF~CHANGE IMPROVEMFANTS - On 10/2/90, Council approved an agreement with BDI to prepare signal design plans. Additionally, BDI was to prepare a Project Concept Report for the 1-805 and Otay Valley Road interchange improvements. At the direction of CalTrans, staff requested that BD1 prepare electrical lighting plans for the I-5 and Palomar Street interchange ramps. That additional work was not anticipated in the initial scope of work. CalTrans is requesting ramp widening to be done in conjunction with the proposed traffic signals. The additional civil design Agenda -4- June 30, 1992 work is to be performed by HCH Parmers as a subconsultant to BDI. Staff recommends approval of the resolution. (Director of Public Works) 17. RESOLUTION 16699 APPROVING AN AMF3qDMENT TO THE EXISTING AGreeMENT WITH FN PROJECTS TO PROVIDE LOW AND MODERATE INCOME HOUSING - On 3/3/92, Council approved an agreement with FN Projects to provide low and moderate income housing in Salt Creek I subdivision. The agreement provided for 15 year deed restrictions. Staff is now recommending that the deed restrictions be replaced with a Silent Second Mortgage program. Staff recommends approval of the resolution. (Director of Community Development) 18. RESOLUTION 16660 APPROVING AN AGREEMENT WITH FOUR SQUARE VIDEO PRODUCTIONS, INC. FOR ECONOMIC DEVELOPMENT PROMOTIONAL VIDEO PRODUCTION SERVICES - On 8/28/91, Council approved the Economic Development Commission's recommended Economic Development Fiscal Year 1991/92 Marketing Plan and related budget, which includes the production of an economic development promotional video. The purpose of the video is to provide a brief visual overview of local assets and incentives for businesses to locate in Chula Vista. Staff recommends approval of the resolution. (Director of Community Development) Continued from the 6/16/92 meeting. 19. RESOLUTION 16700 AUTHORIZING THE EXECUTION OF AN EASEMENT ACQUISITION AGI~ ~MENT WITH A. VINCENT DAVIES, MARGARET S. DAVIES AND THE THOMAS W. DAVIES ESTATE FOR THE PURPOSE OF ACQUIRING RIGHT- OF-WAY NECESSARY FOR THE OTAY VAI.1.F~Y ROAD STREET WIDENING PROJECT - In order to acquire the necessary right-of-way in the Otay Valley Road Street Widening Project, the City needs to acquire the easements to the Davies property identified as Assessor's Parcel Nos. 624-060-27 and 624-060-38. Staff recommends approval of the resolution. (Director of Community Development) 20. REPORT AUTHORIZING THE PAP, Y,S AND RECREATION DEPARTMENT TO ENTER INTO A FACILITY USE PERMIT WITH THE 4-H YOUTH DEVELOPMENT PROGRAM - During the budget review session in June 1991, Council expressed a concern regarding City-operated child care. Council suggested that the City offer the use of recreation facilities and contract the child care services to an outside agency. Staff recommends Council accept the report and authorize the start of the licensed child care latchkey program at Lauderbach Center beginning July 1, 1992. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR * * Agenda -5- June 30, 1992 PUBLIC HEARINGS AND R~I.ATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. lf you wish to speak to any item, please fill out the 'Request to Speak Form" available in the lobby and submit it to the City Clerk priar 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 recommendatior~) Comments are limited to five minutes per individua~ 21. PUBLIC HEARING CONSIDERATION OF EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SPA PLAN AMENDMENT, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, EASTLAKE I PUBLIC FACILITIES FINANCE PLAN, EASTLAKE I PLANNED COMMLINITY DISTRICT REGULATIONS AMENDMENT, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, KAISER MEDICAL CENTER PRECISE PLAN, KAISER MEDICAL CENTER CONDITIONAL USE PERMIT, AND KAISER DEVELOPMENT AGREEMENT; EASTLAKE DEVELOP~ COMPANYAND KAISER PERMANENTE - The proposal is to constract a 1,350,000 square foot Kaiser Permanente Medical Office Center to be located in the City of Chula Vista. Staff recommends Council place ordinance on first reading and approve the resolution. (Director of Planning) A. RESOLLrrlON 16701 CERTIFYING THAT THE FINAL SEIR (92-01) HAS BEEN PREPARED IN ACCORDANCE WITH CEQA, THE STATE OF CALIFORNIA CEQA GUIDELINES AND THE ENVIRO~AL REVIEW PROCEDURES OF THE CITY OF CI-IULA VISTA - The Supplemental Environmental Impact Report is an analysis of the potential environmental impacts associated with implementation of the proposed amendment to the EastLake I SPA Plan Amendment and the construction and operation of the proposed Kaiser Permanente Chula Vista Medical Center. Staffrecommends approval of the resolution. (Director of Planning) This resolution does not require a public hearing but is related to the public hearing. B. ORDINANCE 2522 ADOPTING AN AMENDMENT TO THE EASTLAKE I PLANNED COMMUNITY DISTRICT REGULATIONS AND APPROVING THE KAISER. DEVELOP~ AGREEMENT (first reading) C. RESOLUTION 16702 APPROVING THE EASTLAKE I GENERAL DEVELOPMENT PLAN, ~ I SPA PLAN AMENDMENT, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, EASTLAKE I PUBLIC FACILITIES FINANCE PLAN, ~ I A~;IIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, KAISER MEDICAL CENTER PRECISE PLAN, KAISER MEDICAL CENTER CONDITIONAL USE PERMIT, CEQA FINDINGS, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATION FOR EASTI.AKE I/KAISER PROJECT 22. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UTILITY DISTRICT NUMBEK 122 ON FOURTH AVENUE FROM HEH STREET TO A POINT APPROXIMATELY 100 FEET SOLr~ OF STATE HIGHWAY 54 - On 4/28/92, Council ordered a public hearing to be held on 6/23/92, to determine whether the public health, safety, or general welfare require the formation of an Underground Agenda -6- June 30, 1992 Utility District on Fourth Avenue between "EM Street and a point approximately 100 feet south of State Highway 54. Staff recommends approval of the resolution. (Director of Public Works) Continued from the 6/23/92 meeling. RESOLUTION 16683 ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 122 ON FOURTH AVENUE FROM 'E' STREET TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE HIGHWAY 5;4 AND AU'I~ORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE SINGLE FAMILY RESIDENT[AL SERVICE LATERAL CONVERSIONS 23. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITYDISTRICT NUMBER 124 ON OTAY VAI.I.~:Y ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE - On 6/9/92, Council ordered a public hearing to be held on 6/30/92 to determine whether the public health, safety, or general welfare require the formation of an underground utility district on Otay Valley Road from Oleander Avenue to Nirvana Avenue. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 16703 ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 124 ON OTAY V. aH.~y ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE 24. PUBLIC HEARING CONSIDERATION OF ADOPTING A RESOLUTION OF NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY VAI J.KY ROAD STREET WIDENING PROJECT - A public hearing is necessary for the Council to deliberate upon the request to adopt the Resolution of Necessity to acquire the remaining property rights through eminent domain for the public right-of-way which is necessary for the construction of Otay Valley Road improvements. The Cit3/s acquisition consultant was successful in reaching agreement with all but four property owners covering five parcels which are the subject of the resolution. Staff recommends approval of the resolution. (Director of Community Development) Continued from the 6/16/92 meeting. RESOLUTION 16644 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIK[NG AND ALrrHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY ~rlTHIN THE OTAY VAt .!.k-~sf ROAD STREET ~/IDENING PROJECT ALONG OTAY VPa J.EY ROAD BETWEEN INTERSTATE 805 AND THE EASTERN BOUNDARIES OF THE CITY OF CHULA VISTA 2S. PUBLIC HEARING CONSIDER_ATION OF CITY-INITIATED AMENDMENTS TO THE PUBLIC FACIIJTIES EI.I~MENT OF THE GENERAL PIAN IMPI~_~IENTING AND SUPPLEMENTING THE APPROVED COUNTY OF SAN DIEGO ~OU$ WASTE MANAGEMENT PLAN (COHWMP) - The proposed amendments are intended to fulfill requirements of state law for the adoption of local provisions for the safe and effective management of hazardous waste consistent with those of the COHWMP. Staffrecommends approval of the resolution. (Director of Planning) Agenda -7- June 30, 1992 RESOLIYrION 16704 ADOPTING THE PROPOSED GENERAL PLAN AMENDMENT, AND DIRECTING STAFF TO PREPARE THE NECESSARY IMPLEMENTING ORDINANCE(S) 26. PUBLIC HEARING CONSIDERATION OF AN INCREASE IN THE SEWER SERVICE CHARGES AND MODIFICATION OF THE RATE STRUCTURE - As a member of the San Diego Metropolitan Sewerage System (Metro), the City is required to participate in its operation, maintenance, and upgrade program. San Diego has recently increased its estimated revenue requirements for FY 1992/93, resulting in a need for increased sewer service charges. Staffrecommends approval of the resolution. (Director of Public Works) RESOLUTION 16705 APPROVING AMENDMENT TO MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES 27. PUBLIC HEARING CONSIDERATION OF REQUEST BY LAIDLAW WASTE SYSTFaMS FOR RATE INCREASE - Staff recommends Council open the public hearing and continue to the Council meeting of July 21, 1992. (Director of Finance) 28. PUBLIC HEARING CONSIDERATION OF REVISIONS TO CHAPTER 5.20 OF THE CHULA VISTA MUNICIPAL CODE, THE CARDROOM ORDINANCE - On 4/28/92, Council heard public testimony related to several proposed changes to Section 5.20 of the Municipal Code known as the Cardroom Ordinance. As a result of that discussion, staff was directed to prepare draft revisions to the ordinance for Council review and to schedule a public hearing. Each of the six Cardroom Ordinance revision issues specified by Council are addressed in the report. The proposed changes are intended to assist local cardroom operators in remaining competitive with other county gambling centers while maintaining the City's philosophy pertinent to gaming issues. Staff recommends Council continue the public hearing to the meeting of July 21, 1992. (Chief of Police) Continued from the 6/2/92 meeting. ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on arty subject matter within the Council's jurisdiction that is not an item on this agenda~ (State law, however, generally prohibits the CRy Council from taking action on any issues not included on the posted agenda) If you wish to address the Council on such a subject, please complete the yellow 'Request to Speak Under Oral Communications Form' available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up actiot~ Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Counci~ staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a 'Request to Speak' form available in the lobby and submit il to the CRY Clerk prior to the meeting. Public comments are limited to five minutes. Agenda -8- June 30, 1992 29.A. RESOLIYrlON 16706 AUTHORIZING VARIOUS APPROPRIATIONS OF FUNDS FORASSESSMENT DISTRICT NUMBER 90-2 (OTAY V^I.I.I~:Y ROAD) - On 4/8/92, bids were received for "The Improvement of Assessment District 90-2 (Otay Valley Road) fi.om 1-805 to 1,200 feet east of Nirvana Avenue". Since the Council established the Otay Valley Road Assessment District 90-2, it is now appropriate to award the construction contract for the first phase of the project. In order to award the construction contract, it is necessary that the bond funds for the contract be assured. The approval of the bond sale agreement, preliminary official statement, and bond indenture fulfill that requirement. Staff recommends approval of the resolutions. (Director of Public Works and Director of Finance) B. RESOLI. YI~ON 16707 AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS IMPROVEMENTS IN ASSESSMENT DIb-rRICT NUMBER 90-2 (OTAY VP, I.I.kW' ROAD) C. RESOLUTION 16708 ALrrHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND INDENTURE, BOND PURCHASE CONTRACT AND Pll RI .IMINARY OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT NUMBER 90-2 (OTAY V,~I.I.RY ROAD) 30. REPORT FOREST CONSERVATION INITIATIVE - Council directed staff to bring back a report for consideration for the purpose of supporting placing the Forest Conservation Initiative on the County ballot for a vote of the electorate. Staff recommends Council accept the report and take no position on the the Forest Conservation Initiative. (Administration) 31. RESOLUTION 16655 APPROVING AGREEMENT TO PURCHASE LAND FROM OTAY RIO BUSINESS PARK FOR A NEW CITY CORPORATION YARD AND APPROPRIATING FUNDS - One of the approved projects in the Public Facilities DIF is the building of a new Corporation/Transit Yard. The original plan was to site the Yard in Sunbow II. Recently, an alternate site became available in the Otay Rio Business Park. Council approved the purchase of this site, and staff has negotiated a purchase agreement with the owner. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Continued from the 6/9/92 meeting. 32. REPORT REGARDING FUNDING FOR TIlE NATURE INTERPRETIVE CENTER AND THE RELATIONSHIP OF THE BAYFRONT CONSERVANCY TRUST TO THE CITY AND REDEVELOPMENT AGENCY - The report addresses questions raised by Council which included: funding sources for the NIC, loans made to the BCT, methods of repaying loans by the BCT, and the relationship of the BCT to the City and Redevelopment Agency. Staffrecommends Council approve the various recommendations in the report. (Deputy City Manager Thomson) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider iletns which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. Agenda -9- June 30, 1992 ITEMS pUI.L~D FROM THE CONSENT ~AR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual OTHER BUSINESS 33. ~1-1¥ MANAGER'S REPORT(S) a. Scheduling of meetings. b. Status report on San Marcos landfill. 34. MAYOR'S REPORT(S) 35. COUNCIL COMMENTS Councilman Malcolm: a. Discussion of AB 3734 (Hauser) Air Pollution Control Districts (APCD). Councilman Rindone: b. Update on meeting of Mayors regarding proposal on administration of the San Diego Port District. c. Policy prohibiting use of City owned vehicles by City employees for personal use. Continued fi-om the 6/16/92 meeting. Councilwoman Grasser Horton: d. Clarification of proposal for second Veteran's home in the City of Chula Vista. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Acquisition of property - pursuant to Government Code Section 54956.8: Assessor's Number Address Owner 622-030-16, 26, 27, and 735 Second Avenue lwashita, Kaoru & Lilly 622-041-17 622-030-09 1364 Broadway Hernandez, Mary & Raymond 622-030-22 76 Prospect Street Vasquez, Alfredo Agenda -10- June 30, 1992 Potential litigation pursuant to Government Code Section 54956.9 - Clean Water Act Litigation as Friend of the Court for the purpose of keeping the Otay Water Reclamation Plan on schedule. The meeting will adjourn to (a closed session and thence to the Regular City Council Meeting on July 21, 1992 at 6:00 p.m. in the City Council Chambers. A Special Joint City Council/Redevelopment Agency meeting will be held immediately following the City Council meeting. Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a special meeting of the Chula Vista City Council on Tuesday, June 30, 1992, 6:00 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. Tim Nader, Mayor June 2, 1992 City of Chula Vista city Clerk 276 Fourth Avenue Chula Vista, CA 91910 Re: Design Review Board Resignation Regrettably I will not be able to fulfill my duties as a Member on the Design Review Board. As part of the downsizing of personnel at Rohr, Inc., I was among the many who were laid off last week. In a phone conversation with Luis Hernandez last week, I indicated that since I would not be seeking employment in this area, I felt it best to resign now so that the City could select another participant. Thank you for your time, I am honored that you had chosen me for the position. Under normal circumstances, I would have looked forward to serving the City of Chula Vista and am saddened that I will lose that opportunity. As an administrative note, per my conversation with Luis Hernandez, I will not be submitting my "Statement of Economic Interest". sincerely, Susan E. Dornblaser cc: Mayor Tim Nader Luis Hernandez COMMUNICATIONS Silent V ces A loving alternative every step of the wa,, .~. ~¢~ June 22~ 1992 Attn: Mayor and City Council 276 4th Avenue Chula Vista, CA 91910 Dear Mayor and City Council: I am writing regarding a parking problem our area is having with another business (J & L Autobody). We have been in business at our current location since February of 1991, and have had problems off and on since that time with the autobody repair shop located in the alley behind our offices (between Oarrett and Glover, north of E Street - we are not sure that J & L has been at this location since 1991, but there has been an autobody repair shop there since we moved in). During the last four - five months the situation has worsened, and after exhausting every other means of solving the problem on our own, we felt it was time to contact the City of Chula Vista. The operators of J & L Autobody do not have adequate parking facilities for their business, so they park the cars they are working on in the street outside our business, as well as in the residential area just north of the alley. We see them move their ears in and out of the alley and onto the street all day long. When they have filled the streets, they have even begun using our private parking lot (which services three business)! The result of their.action~.is that~ there is.in_adequate parking for anyone working or living in this area. While we have a private parking lot, parking there is very limited, and because there is nowhere to park on the streets, our customers/clients are often unable to find a place to park. We would like to recommend three solutions to this problem: 1) Parking meters on Glover Avenue from E Street to the alley would discour~ use of the street as a parking lot for J & L Autobody - they are going likely to want to park their cars in an area where they will have to Pa~-N~ 2) A posted 2-hour parking limit in the same area; and (~_~ 191 Slover Avenue, Suite B, Chula Vista, CA 91910 · (619) 422-075~...__FTT~] 3) Parking by permit in the residential area north of the alley on Glover Avenue (there are several areas in San. Diego that ~(equffe:.residential permits to prevent businesses from using neighborhood street~ as parking lots.) I hope that this predlCament ~c~ be resolved quicldy, a s it has been a major source of frustration for too long. Pl~e feel free to contact me at my office if you have any further questions.' Thank'you f6i~':your time and considei'ation of this situation. :-" "'!: ";.' Dh'ector "";: ' .. ": "' ' ':-: '"- COUNCIL AGENDA STATEMENT Item Meeting Date 6/30/92 ITE3'I TITLE: ORDINANCE ~,~ ~ of the City Council of the City of Chula Vista imposing, as an interim and urgency measure, a moratorium on the application for or issuance of any land use permits, including conditional use permits, for an additional period of 10 months and 15 days except upon consent of Council, for use of land as a hazardous waste facility (continued from 6/23/92) SUBMITTED BY: Director of Planning ~i~- { City Attorney REVIEWED BY: City Manager? (4/Sths Vote: Yes X No ) The staff has completed preparation of a General Plan Amendment, and is in the process of preparing implementing ordinances which would allow the City to establish planning and siting criteria and processing requirements for hazardous waste facilities pursuant to the requirements of the Tanner Act (AB 2948, 1986). On May 12, 1992, the City Council adopted an ordinance establishing a 45 day moratorium on processing of land use permits for hazardous waste facilities. The purpose of the moratorium was to avoid the risk of having an applicant claim a right to a conditional use permit, or claim a right to process a conditional use permit under current standards, until the City has properly adopted its planning, processing, and siting criteria. RECOMMENDATION: That Council extend the interim urgency ordinance on the application for and issuance of any zoning and related permits necessary for hazardous waste facilities for an additional 10 months and 15 days. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As noted above, staff has completed preparation of a General Plan Amendment which will implement the San Diego County Hazardous Waste Management Plan, and provide for standards and guidelines relating to hazardous waste management which implement and supplement the County Plan. Staff from the Planning Department, City Attorney's office, and City Manager's office have met on a regular basis to provide input into the preparation of this document, as well as devising the appropriate regulatory framework for implementing the proposed policies contained in the General Plan Amendment. The proposed General Plan Amendment was heard ! Page 2, Item Meeting Date 6/30/92 and unanimously approved by the Planning Commission on June 24, 1992, and is to be heard by the City Council On June 30, 1992. However, implementing amendments to the Zoning Ordinance, relating to processing guidelines for hazardous waste facility conditional use permits and other aspects of Chula Vista's hazardous waste management strategy, will not be completed and ready for Council action prior to the expiration of the cuurent 45 day moratorium, due to the need to properly draft and review implementing Zoning Ordinance amendments, the need to process appropriate environmental documentation for such amendments, and provide public review for such implementation measures. Therefore, staff recommends that the previously enacted urgency ordinance be extended for a period of 10 months and 15 days to allow for completion of implementing amendments to the Zoning Ordinance relating to hazardous waste facilities. The ordinance prohibits the filing for or issuance of permits during the moratorium period except with permission of the City Council, and imposes the mandatory condition on the filing of application that the applicant agree to comply, retroactively, with our City's hazardous waste management provisions, both in terms of policy or procedure. If, as is likely, the implementing Zoning Ordinance amendments are completed prior to the scheduled expiration date, this urgency ordinance would be rescinded at that time. FISCAL IMPACT: Not applicable. (hazwaste.A113) O IN CE NO.I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM ON THE ISSUANCE OF ANY LAND USE PERMITS, FOR A PERIOD OF 10 MONTHS AND 15 DAYS EXCEPT UPON CONSENT OF COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY. WHEREAS, the City Council adopted Ordinance No. 2513 on May 12, 1992, as an urgency measure, establishing an interim forty-five day moratorium on the application for and issuance of any land use permit for facilities handling hazardous wastes in the City of Chula Vista; and, WHEREAS, the forty-five day moratorium established in Ordinance No. 2513 will expire on June 26, 1992; and, WHEREAS, the purpose of the moratorium was to provide the city with time to evaluate the County's Hazardous Waste Management Plan and to develop its own requirements and siting criteria necessary for operating or expanding hazardous waste facilities as mandated by the Tanner Act, Health & Safety Code S 25135.7. These siting requirements and siting criteria are important in maintaining and protecting the health and safety of the city's residents; and, WHEREAS, Staff from the Planning Department, City Attorney's office, and city Manager's office have met and conferred on a regular basis to develop a local Hazardous Waste Management Plan and appropriate regulatory scheme for implementation; and, WHEREAS, city staff will have completed their review and development of a local Hazardous Waste Management Plan to be incorporated into the city's General Plan within the forty-five (45) days prescribed by Ordinance No. 2513 and within the 180 days prescribed by the Tanner Act or July 6, 1992; and, WHEREAS, despite the best efforts of city staff, the City will not complete the regulatory scheme and implementing ordinance prior to Ordinance No. 2513's June 26, 1992 deadline because of the complexity of the Tanner Act, the size of the County's Hazardous Waste Plan, the need to comply with the California Environmental Quality Act, and to provide for public review; and, WHEREAS, a moratorium extension is necessary to maintain the public safety, health and welfare because of the continuing risk a hazardous waste operator may claim an entitlement to a permit under existing regulations, without the application of requirements and siting criteria under the city's prospective Hazardous Waste Management Plan, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The moratorium established pursuant to Ordinance No. 2513 is hereby extended and shall remain in effect for a period of ten (10) months and fifteen (15) days after the adoption of this Ordinance, unless otherwise shortened or extended by ordinance. SECTION 2. The City Planning Commission and city staff are hereby directed to continue their preparation of a City Hazardous Waste Management Plan establishing planning and processing requirements and siting criteria for hazardous waste facilities for the City of Chula Vista. SECTION 3. The City staff is hereby directed to prepare, on behalf of the City Council, a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance, and to file such report in the office of the City Clerk ten (10) days prior to the expiration of the first extension established by this ordinance. SECTION 4. A current and immediate threat exists to the public health, safety and welfare because without a local Hazardous Waste Management Plan, the City may be deprived of authority to site, plan and establish processing requirements for hazardous waste facilities, including critical distances from residential communities. The approval of any future permits without such a plan could result in the hazardous placement and/or the imposition of inadequate conditions affecting a hazardous waste facility, thereby threatening the public safety, health and welfare. Further facts establishing urgency are set forth in the recitals of this ordinance. SECTION 5. The City Clerk shall certify the passage and adoption of this ordinance by a vote of at least four-fifths of the City Council of the City of Chula Vista pursuant to Charter S (d); shall cause the same to be entered in the book of original ordinances of the city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which time the same is passed and adopted; and shall, within fifteen (~5) days after the passage and adoption thereof, cause the same to be published in the Chula Vista Star, a newspaper of general circulation, published and circulated in the City and which is hereby designated for that purpose. //0// Submitted by: Approved as ~form b~_~ Planning Director City Att°r eY~ ORDIN C NO. ~"~ .~%~ AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING 4~O~;,,~._,u~ '~ SECTION 19.14.270 TO THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA ADOPTING PROCEDURES FOR THE ENFORCEMENT OF CONDITIONAL USE PERMITS AND VARIANCES. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: That Section 19.14.270 is added to the Chula vista Municipal Code to read as follows: Sec. 19.14.270 Procedures for enforcing conditional use permits and variances: A. The planning director shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit: 1. Fraud: That the variance or conditional use permit approval was obtained by fraud; 2. Non-Use: That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the twelve (12) months specified in Section 19.14.260, and no extension of time has been granted; 3. Abandonment: That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding twelve (12) months; 4. Violation of Conditions: That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws; 5. Violation of Use: That the variance or conditional use permit is being or has been exercised in excess of the use right granted. 6. Public Health, Safety and Welfare: That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance. 1 COUNCIL AGENDA STATEMENT Meeting Da ITEM TITLEs An Ordinance of the City ~f Chul~%~ista adding Section 19.14.270 to the Munlcip~6de of the City of Chula Vista adopting ~edures for the enforcement of Condition/~ Use Permits and Variances. ..~©O~'- SUBMITTED BY~ Office of City Attorney ~.~ REVIEWED BY~ Bruce Boogaard, City Attorney Agenda Classification: (x) Consent ( ) Action Item ( ) Public Hearing ( ) Other: 4/5ths Vote: ( ) Yes (x) No The City currently enforces variances and condition use permits ("CUP's") through its implied powers to modify and revoke permits or as an express condition of the permit itself. The proposed ordinance codifies existing procedures and criteria used to enforce variances and CUP's. Interested parties are given notice and hearing for evaluating such permits in accordance with due process requirements of the Constitution. Final appeal is available to the City Council. Codification is important in maintaining consistent enforcement of the City's zoning laws. RECOM){ENDAT_~ONS: That the city Council adopt the Ordinance to establish an express procedure for enforcing CUP's and variances. ~ISCUSSION: Attached please find a copy of a proposed ordinance providing procedures for evaluating conditional use permits (CUP's) and variances. Currently, no written procedure exists for considering violations of either. This proposed ordinance codifies existing procedure. Under the proposed ordinance, the planning director investigates evidence to determine whether probable cause exists . that a CUP or variance involves the following: 1) the permit was obtained by fraud; 2) the permit has not been used as specified in Section 19.14.260 i.e. within one year; 3) the entitled land use has been abandoned; 4) the conditions of a permit have been violated; 5) the permit is being exercised in excess of the use right granted; 6) the permit is being exercised in a manner detrimental to the public health, safety and welfare. The planning director issues a recommendation to the body which issued the CUP or variance ("Permitting Authority"). The Permitting Authority gives notice and holds a hearing subject to certain due process requirements. The Permitting Authority issues a written decision and may decide to do any of the following: 1) maintain the existing permit; 2) modify or delete any provision or condition; 3) establish any new condition or provision; 4) revoke the permit; 5) establish a fine to be paid in lieu of revocation as long as the violation is corrected. An interested party or the planning director may appeal the decision within ten days to the next highest issuing authority. Final appeal may be made to the city council. Codification of the City's procedures is important in maintaining consistent enforcement of the City's zoning laws. FISCAL LMPACT~ An uncertain .savings in staff and council and future litigation costs time may be experienced by codifying existing procedures and standards for enforcement of CUP's and variances. ORDINANCE NO. 2.52D AN ORDINANCE OF THE CITY OF CHULA VISTA ADD.W"~'\) SECTION 19.14.270 TO THE MUNICIPAL COD~~~E CITY OF CHULA VISTA ADOPTING PRO~tnttS FOR THE ENFORCEMENT OF CONDITIONAL ~P'ERMITS AND VARIANCES. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: o?\.\Q~ f>-Q SECTION I: That section 19.14.270 is added to the Chula vista Municipal Code to read as follows: Sec. 19.14.270 Procedures for enforcing conditional use permits and variances: A. The planning director shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit: 1. Fraud: That the variance or conditional use permit approval was obtained by fraud; 2. Non-Use: That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the twelve (12) months specified in Section 19.14.260, and no extension of time has been granted; 3. Abandonment: That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding twelve (12) months; 4. Violation of Conditions: That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws; 5. violation of Use: That the variance or conditional use permit is being or has been exercised in excess of the use right granted. 6. public Health, Safety and Welfare: That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance. 1 - q -.3 - 1':3 If the planning director has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as "Permitting Authority"). B. The Permitting Authority shall hold a public hearing to consider the planning director's recommendation regarding the conditional use permit or variance. C. Notice of any public hearing to consider violations of variances and conditional use permits shall be given consistent with the procedures set forth in Section 19.12.070. The notice shall contain the following information: 1. The date, time, and place of the public hearing; 2. The identity of the Permitting Authority; 3. A general explanation of the matter to be including the nature of the planning recommendation; considered director's , 4. A gE'neral description, either in text or by diagram, of the location of the property. D. Procedures for Public Hearing: The following procedures shall be followed for public hearings provided for in this section: 1. Recommendation and Reports: The planning director's recommendation and any accompanying staff reports, if any, shall be made available to the pUblic prior to commencement of the public hearing provided for herein. 2. Recordation: The public hearing may, at the written request of an interested party, be recorded by either a recording device or stenographer. 3. Testimony: Any witness offering evidence or testimony may be placed under oath and subject to cross-examination at the request of the Permitting Authority or any party interested in the matter which is the subject of the hearing. 4. Relevancy: Evidence or testimony must be relevant or material to the fact or facts at issue. Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious ,affairs, regardless of the existence of any common law or statutory rule which would otherwise make improper the admission of such evidence in 2 X47..tf civil actions. All irrelevant and unduly repetitious evidence may be excluded. 5. Hearsay: Hearsay evidence shall be admissible, but the fact that evidence is hearsay may affect the weight given to the evidence in reaching any a determination of any question of fact. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may not be sufficient by itself to support a decision unless it would be admissible over objection in civil actions. 6. Privileges: The rules regarding privileges shall be effective to the extent they are raised and otherwise required by law to be recognized at the hearing. 7. Procedural Compliance: The hearing need not be conducted under rules relating to evidence. Failure of the Permitting Authority to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the Permitting Authority if basic procedural due process is granted to all affected parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirement E. The Permitting Authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in subsection (A) apply to a conditional use permit or variance. F. Based on its findings, the Permit Authority may do any one or a combination of the following: 1. Maintain the existing variance or conditional use permit without modification; 2. Modify or delete any provision or condition of the variance or conditional use permit; 3. Establish any new condition or provision; 4. Revoke the variance or conditional use permit; 5. Establish any fine or charge which may be paid in lieu of revocation, modification, or imposition of a condition as long as any violation is corrected. G. Written Decision: The Permitting Authority must issue a 3 ~7.-5 written decision explaining the factual basis for its decision. Notice of the Permitting Authority's written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with section 19.12.070. Said notice shall be filed with the city clerk. ' H. Right of Appeal: Within ten (10) days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the planning director may appeal the written decision to the appropriate appellate body as follows: 1. If the Permitting Authority is the zoning administrator, appeal shall be filed with planning commission; 2. If the Permitting Authority is the planning commission appeal shall be filed with the city council; 3. If the Permitting Authority is the city council no further appeal is available. The appeal shall include a statement .of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. I. After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing. J. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision. Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with section 19.12.070. Said notice shall be filed with the city clerk. L. Appeal to City Council: If the appellate body is not the city council, an appeal may be filed by any interested party who participated in the appeal or by the planning director may request an appeal to the city council within ten (10) days after the notice of the written appellate decision is filed, unless waived by the city council upon a showing of good cause. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. 4 5/-42 "?" (p M. Any written decision regarding an appeal shall be final on the eleventh (11th) day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body or a waiver is obtained. All written decisions issued by the city council shall become final when notice of such written decision is filed. N. After the written decision becomes final, it shall be filed with the director of planning, director of building and housing, and a copy may be filed with the County Recorder of San Diego County. Uses and structures must be brought into compliance with the fina~ decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. SECTION II: Th' force on the thirt' t ordinance shall take effect and be in full day from and after its adoption. m by 5 -<t--::k 7 - '1 TInS PAGE BlANK . 1..'lJ 7-~ ~ENDING SECTIONS 12.20.010 ~D 12.20.100 OF IMPOSING A FEE FOR CONSTRUCTION PE~ITS ISSUED TO UTILITY COMPLIES The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 12.20.010 and 12.20.100 of the Chula Vista Municipal are hereby amended to read as follows: 12.20.010 Permit required - Application - Issuance prerequisites - Performance bcn~ - Exemptions Every person, other than subdividers authorized pursuant to subdivision improvement agreements, constructing public improvements and/or installing. adjusting or repairinq public utilltv facilities in the public right-of-way, shall present an application for a public works construction permit to the director of public works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the director of public works, said director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility company properly franchised by the city or a properly qualified contractor, licensed under the laws of the state; provided however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, may be performed by the property owner as provided in Chapter 12.28 of this code. The application shall be filed on forms prcvidcd approved by the director of public works and shall contain assurances or stipulations that the applicant is a franchised utility company or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the city as presently existing or as same may be amended. Said application for... COUNCIL AGENDA STATEMENT Meeting Date 6~ ITEM TITLE: Public hearing to consider an ordinance amending Section 12.20 of the Municipal Code and Master Fee Schedule regarding imposing a fee for construction permits issued to utility companies the Munic_il~l~ ~?907~\0~ Ordinance ~.5~ ] amending Section 12.20 of SUBIVffTTED BY: Director of Public Works·~! $~C.,0%9 REV~.WED BY: City Manager~ (4/SVote: Yes Nox, Historically, the City has not chargFd a fee to utility companies for permits to do work within the City's rights-of-way. The results are that minimum inspection time is allotted by our inspection crews to watching over the work being done. It is the intent of the City to impose a fiat fee for each minor permit and full cost recovery for larger jobs. In order to do this, Council must hold a public hearing. RECOMM~NDATION: That Council hold the subject public hearing, adopt ordinance and place ordinance on its first reading. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: There are currently six utility companies that are franchised with the City and one (Sones Intercable) which is not franchised. Unlike any other company or individual, the utility companies have never been required to pay a fee to cover the cost of City staff's time spent administering and inspecting their permitted work in our streets. Instead, these costs have been absorbed by the General Fund. Also, inspection of work done by the utility companies has not been at as high a level as other inspection services. Currently the department is inspecting utility permit work on a "time-available" basis. Due to the department's current work load, there is inadequate inspection given to some utility permit work. This work includes lateral cuts in the City's streets and without proper inspection of these types of jobs, substandard repairs can result. With inspections being performed before and during construction, problems may be better avoided. By charging a fee for the permits, the cost of the inspections can be offset. Page 2, Item ~ Meeting Date 6/23/92 The budget for FY 92-93 includes one additional Public Works Inspector 1I position, to be partially paid for by monies collected from the utility companies for permit work. This will increase the level of utility construction inspection to the same level as provided on other construction projects. The approval of this position is contingent upon the establishment of fees for the utility consmiction permits. It is proposed that the City charge $125 for each utility construction permit for minor projects. This figure was derived by determining that the time spent on processing the permit and inspecting a typical utility job totals approximately two hours. The charge for major projects is proposed to be a deposit, to cover actual costs, including overhead. Of the nine cities in the County which staff contacted, seven (San Diego, Oceanside, Carlsbad, Encinitas, La Mesa, Poway and Santee) charge a permit fee to the utility companies. The fees range from $15 to $341.50 per permit. Staff believes that $125 per permit is in line with actual costs in Chula Vista. We intend to monitor our time spent on each of the utility companies' jobs over the next year and possibly adjust the fees accordingly. It is staff's recommendation that Council adopt this ordinance and place it on its first reading. It is intended that the second reading of this ordinance take place at the Council meeting of June 30th. A draft of the amended ordinance is attached for Council's reference. All utility companies have been notified by mail of this public hearing. FISCAL IMPACT: By averaging the number of utility construction permits over the last 2~A years (654), an estimated amount of $81,800 would be added to the General Fund. PU-001 DRAFT OF PROPOSED CHANGES TO CHAFIT_R 12.20 OF THE CHULA VISTA MUNICIPAL CODE REGARDING UTILITY PERMITS 12.20.010 Permit required - Application - Issuance prerequisites - Performance bond - Exemptions Every person, other than subdividers authorized pursuant to subdivision improvement agreements constructing public improvements and/or installing,, adius~n~, or repairing public utility, facilities in the public right-of-way, shall present an application for a public works construction permit to the director of public works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the director of public works, said director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility company properly franchised by the city_ or a properly qualified contractor, licensed under the laws of the state; provided however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, may be performed by the property owner as provided in Chapter 12.28 of this code. The application shall be filed on forms pro, tried approved by the director of public works and shall contain assurances or stipulations that the applicant is a franchised utility_ company or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the city as presently existing or as same may be amended. Said application for... · 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 the issuance of public works construction permits or ~ili _ty construction permits issued by the director of public works ~ contractors or to oublic utility organizations under franchise from the city. council, cepti peffo .... ex ng that work rmed by '""-': .... :': ...... :_~: ..... .,__ ~.._~u:~A ~, .... ,.A A: ......... :, __n: ............ : .... ,An 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 or utility company construction vermit. 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. Code changes (cont'd) D. Permit fees for public works construction permits shall be the Required Fee(s). E. Permit fees for utility_ construction permits shall be the Required Fee(si. t~ F. In the event a public works construction permit fee refund... PROPOSED CHANGES TO THE MASTER FEE SCItEr)ULE REGARDING UTILITY PERMIT FEES Construction Permits A $65 administrative fee shall be collected with each application for a permit to construct public improvements, provided however, that no such fee is required for the application for a utility construction oermit. Plan reiview and Inspection fees shall be collected as appropriate. Utility Construction Permits A. The fee for a utility construction perrnit for a _lob for which the cost of reolacement of lh~ surface improvements (includin~ the top three (3~ feet of any trench or other ~xeavation) within the City fight-of-way, is estimated to be less than ten thousand dollars t$10.000~ shall be $125. B. The fee for a utility_ construction permit for a _lob for which the cost of replacement of the surface imorovements (including the too three (3] feet of any trench or other excavation) within the City fight-of-way, is estimated to be ten thousand dollars ($10.000~ or more. shall be a cash deposit in an amount sufficient to cover the City's full cost of administering the vermit and insoection of the work. including overhead. ORDINANCE NO.2 5).1 AN ORDINANCE OF THE CITY OF AMENDING SECTIONS 12.20.010 AND THE CHULA VISTA MUNICIPAL CODE IMPOSING A FEE FOR CONSTRUCTION PE TO UTILITY COMPANIES .-<(\O~ l>:OO\' ' The City Council of the City of Chula Vista does ordain as follows: SECTION I: That sections 12.20.010 and 12.20.100 of the Chula vista Municipal are hereby amended to read as follows: 12.20.010 Permit required - Application - Issuance prerequisites Performance bond Exemptions Every person, other than subdividers authorized pursuant to subdivision improvement agreements, constructing public improvements and/or installina. adiustina or repairina public utility facilities in the public right-of-way, shall present an application for a public works construction permit to the director of public works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the director of public works, said director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility companv properlv franchised bY the citv or a properly qualified contractor, licensed under the laws of the state; provided however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, may be performed by the property owner as provided in Chapter 12.28 of this code. The application shall be filed on forms previaea approved by the director of public works and shall contain assurances or stipulations that the applicant is a franchised utilitv companv or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the city as presently existing or as same may be amended. Said application for... 1 \ r 2~- ~ - ~.S- 12.20.100 permi t - Fees required - Exemptions - Refunds A. All construction of public works improvements within the public rights-of-way shall be authorized through the issuance of public works construction permits or utility construction Dermits issued by the director of public works to aualified contractors or to oublic utilitv oraanizations under franchise from the city council, excepting that work performed sy p~slie ~tility er!aftiBatlefts lifHler fraftehiee fram 'the ei1:.y eelifteil aRs impre7emeftts iftstallea 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 ~ utility construction Dermit. 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 public works construction permits shall be the Required FeeCs). E. Permit fees for utility construction oermits shall be the Reauired FeeCs} or deoosit. ~ ~ In the event a public 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 public works shall cancel the permit and refund the unused portion of the fee. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its a ption. Presented by John P. Lippitt, Director of Public Works 2 ).k, ~- '2r. - k. COUNCIL AGENDA STATEMENT Item q Meeting Date 06/30/92 ITEM TITI.F.: Resolution [{~l,,q0 Approving a Modification to the Agreement between the City of Chula Vista and Lettieri-Mclntyre & Associates, Project Manager and the Baldwin Vista Associates for Professional Services to Ass/st the Otay Ranch Team General Manager, and Authorizing the Mayor to Execute the Agreement SUBMITTED BY: Deputy City Manager Krempl~ REVIEWED BY: City Manager_~tq ~-~1~} (4/5th Vote: Yes No X ) The attached Agreement modification for project management and planning services with Lettieri-Mclntyre & Associates and Baldwin Vista Associates is for continuation of temporary planning assistance. This request is an extension of time only and involves no additional monies being requested. The assistance focuses on processing of the General Development Plan and related documents for the approximately 23,000-acre Otay Ranch Project. The Agreement has the concurrence of both City of Chula Vista and San Diego County staff as well as the applicant. RECOMMENDATION: That Council approve the attached Agreement modification authorizing the Mayor to sign on behalf of the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In the spring of 1989, the City of Chula Vista and County of San Diego both approved a "Statement of Intentions" with Baldwin Vista Associates concerning the processing of Otay Ranch. In the summer of 1989, the City Council and Board of Supervisors approved a Memorandum of Understanding establishing a joint planning effort. Due to the interjurisdictional nature of the project, both the City and County opted to hire an independent neutral third party consultant to manage to project. Mr. Vernon G. Hazen was hired as the Project Manager for that effort. On July 20, 1990, Mr. Hazen resigned. Lettieri- Mclntyre & Associates (Mr. Lettieri) was hired on September 25, 1990. Council extended Mr. Lettieri's contract on October 8, 1991 until October 1992. In March of this year, the Council approved a budget of $20,000.00 through June 30, 1992 for planning assistance to the General Manager to complete certain tasks listed in Exhibit A. Those tasks are proceeding and joint workshops on this project at the City Council/Board Page 2, Item ~ Meeting Date 06/30/92 of Supervisors level will begin in late July 1992. The purpose of this modification is to continue the assistance without increasing the budget. Only $13,000.00 was spent through June 30, 1992, and we would like to continue with the support through September 30, 1992. The way the current contract is written, the term expired on June 30, 1992. Attached is a proposed schedule for completion of many of the above tasks (Exhibit A). To continue to respond to that schedule, this request is being made that will assign one Lettieri- Mclntyre & Associates staff person (Mary May) to assist in coordination of such projects as the General Development Plan text, Sphere of Influence Study and the Public Participation Program. Ms. May has City and County experience having worked for the County as a planner and the City of Chula Vista on Rancho del Rey and EastLake SPAs. There will be no increase in costs to Baldwin Vista or the City. In fact, the monthly budget will be decreased from $5,000.00 to $2,500.00. For the above reasons, and with the acknowledgement that Baldwin Vista will continue to deposit funds to reimburse the City in full, it is appropriate to approve this Agreement modification. FISCAL IMPACT: All costs will be paid to the City by the applicant. The $20,000.00 is already incorporated into the overaI10tay Ranch expenditure plan. This amendment merely extends the time of the contract through September 30, 1992. Attachments sr:\ajlalI3 CONTRACT FOR ASSISTANT SERVICES FOR GENERAL MANAGER OF THE OTAY RANCH PROJECT THIS AGREEMENT, dated this __ day of July, 1992 for the purpose of reference only and effective as of the date last executed by the parties hereto, is between the CITY OF CHULA VISTA, a Chartered municipal corporation ("City"), BALDWIN VISTA ASSOCIATES, a California limited partnership ("Applicant") and LETIIERI-MclNTYRE & ASSOCIATES, INC. ("Consultant"), and is made with reference to the following facts: WHEREAS, City, Applicant and Consultant entered into an agreement dated October 8, 1991 by which Baldwin agreed to pay for and Consultant agreed to provide to the City general management services over the Otay Ranch Project in the person~of Anthony J. Lettieri ("General Management SeiMces Agreement"); and WHEREAS, the parties desire that the General Management Services are to be augmented by an assistant to the person of Anthony J. Lettieri, the cost of which will be paid for by Applicant. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant agrees to retain and assign to the Otay Ranch Project the person of Mary May and shall require Ms. May to assist General Manager Lettieri from the effective date of this Agreement until September 30, 1992 in the following areas: a. Provide project coordination services to include public agency and Applicant contacts, critical path/flow chart preparation on a weekly basis and monthly assignment sheets for each working group assigned to the Otay Ranch Project. b. Assist General Manager Lettieri in the preparation for scheduling and coordination of the Public Participation Program, including all work associated with community planning groups, joint Planning Commission workshops, Montgomery Planning Committee and other public presentations. c. Assist General Manager Lettieri on the Sphere of Influence Study. d. Perform such other duties as are assigned to her by General Manager Lettieri to ensure the timely completion of the project. 2. Applicant agrees to compensate Consultant for the costs of retaining Ms. May at the rate of $65.00 per hour not to exceed $20,000.00, which compensation may be paid by City from the Otay Ranch Trust Fund. -1- 3. All other rights, duties and obligations of the parties to the General management Services Agreement shall remain in full force and effect except as may be specifically augmented by this Agreement. CITY OF CHULA VISTA LETI'IERI-MclNTYRE & ASSOCIATES By: By: Tim Nader, Mayor Anthony J. Lettieri ATTEST BALDWIN VISTA ASSOCIATES, L.P. A CA Limited Partnership By: Baldwin Builders, a CA By: Corporation, General Partner City Clerk By: APPROVED AS TO FORM Greg Smith, President By: Bruce M. Boogaard, City Attorney s=~marymay, con -2- EXHIBIT "A" SCOPE-OF-WORK Lettieri-Mclntyre & Associates (Ms. Mary May) will assist the General Manager in the following areas: a) Providing project coordination services to include public agency and applicant contacts, critical path/flow chart preparation on a weekly basis and monthly assignment sheets for each working group assigned to the project. b) Assistance in the preparation for scheduling and coordination of the Public Participation Program, including all work associated with community planning groups, joint Planning Commission workshops, Montgomery Planning Committee and other public presentations. c) Assistance on the Sphere of Influence Study. d) Other duties as assigned by the General Manager to ensure the timely completion of the project. SCHEDULE The duration of this contract is three months, ending September 30, 1992. COSTS The above services are to be provided on an hourly basis not to exceed $20,000.00. The hourly rate is $65.00. sr:\sow, ajl RESOLUTZOH 1 %90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LETTIERI-McINTYRE & ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAYRANCH TEAM GENERAL MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, a modification of the Agreement between the City of Chula Vista and Lettieri-McIntyre & Associates and Baldwin Vista Associates for project management and planning services for continuation of temporary planning assistance is needed; and WHEREAS, the reequest is an extension of time only and involves no additional monies; and WHEREAS, the assistance will focus on processing of the General Development Plan and related documents for the approximately 23,000-acre Otay Ranch Project; and WHEREAS, said Agreement has the concurrence of both the City of Chula Vista and San Diego County staff as well as the applicant. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby approve a Modification to the Agreement between the City of Chula Vista and Lettieri-McIntyre & Associates, Project Manager and the Baldwin Vista Associates for Professional Services to assist the Otay Ranch Team General Manager, 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 Vista. Presented by /~/I~Ap~r/°~' ed/ as~ f~r~ George Krempl, Deputy City '~n~ Boog~r~, City Manager COUNCIL AGENDA STATEMENT Item Number } ~) Meeting Date 06[30/92 ITEM TITI.F.: Resolution I~.l Approving a Revision of a Three Party Agreement for Otay Ranch Development Processing between the City of Chula Vista, Robert Bein, WilLiam Frost and Associates and Baldwin Vista Associates, L.P. and Authorizing the Mayor to Execute Said Agreement0~j VIA: General Managel', Otay Ranch Project SUBM1TI'ED BY: Deputy City Manager Krempl (g[c City Manager '~}(4 ~ '%~ (4/5tbs Vote: Yes__No X ) REVIEWED BY: The City of Chula Vista is the agency designated in an agreement between Chula Vista and the County of San Diego to approve consulting contracts for the Otay Ranch. The payment schedule proposed in the latest Agreement approved by the City Council (November 12, 1991) needs to be revised per a request from Baldwin Vista Associates. Robert Bein, William Frost and Associates (RBF) has reviewed this revised Agreement and agrees to all of the terms and conditions stated therein. The County is supportive of this Contract revision. RECOMMENDATION: Adopt a resolution modifying the existing Agreement with RBF to include the revised payment schedule and authorizing the Mayor to sign the attached Agreement. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: RBF has been under contract with the City of Chula Vista to provide planning services for the Otay Ranch since August 1989. First and second modifications to the Agreement were authorized by Council in February 1990, a third modification was approved in November 1990, a fourth modification was approved in April 1991, a fifth modification entitled "Second Three Party Agreement for Otay Ranch Development Processing" was approved in November, 1991 and a sixth modification entitled "Third Three Party Agreement" in January, 1992. Page 2~ Item No. fO Meeting Date 06/30/t92 For information, the major purpose of the previous Agreements were as follows: · Original Contract - August 1, 1989: for planning services related to the Otay Ranch · Amendment #1 - February 13, 1990: additional work on goals and objectives as requested by the Executive Staff Committee Amendment #2 - February 27, 1990: development of four Project Team alternati/~es as requested by the Interjurisdictional Task Force Amendment #3 - November 13, 1990: RBF review of applicant's revised plans · Amendment #4 - April 21, 1991: continuation of Task Force work program; establishment of payment schedule · Amendment #5 - November 12, 1991: continuation of Task Force work program through December, 1991 and revision to payment schedule. · Amendment #6 - January 14, 1992: continuation of Task Force work program through June, 1992 and revision to payment schedule. This modification is presented to the City Council due to the need to amend the payment schedule approved in the January, 1992 Agreement. That Agreement had the City, upon deposit by Baldwin Vista, paying RBF & Associates a fixed sum of $50,000.00 ($30,000.00 for current work and $20,000.00 for past due expenses) per month. All monies were then due and payable on June 30, 1992. Baldwin Vista, Ltd. requested, and RBF & Associates agrees to, an amendment that extends the deferred amount to be payable, in full, to January 1, 1993. Based on payments to be made by Baldwin through July 15, 1992, the deferral amount estimated to be owed RBF is $345,000.00. The amount will be paid down by Baldwin at a rate of $25,000.00 per month, with as stated, the balance due in full on January 1, 1993. Further, the City has security valued in the amount of $748,000.00 to cover any eventuality of Baldwin not fulfilling this obligation. This is identical to the security provided and contained in the previous amendment in January, 1992, Amendment #6. The scope-of-work is not amended by this modification (see attached Scope-of-Work, Exhibit "C"). The scope-of-work calls for assistance in the preparation of portions of the General Development Plan/Community Plan, continued work providing assistance to the Project Team and the Executive Staff Committee, attendance at public meetings as Page 3, Item No. f~) Meeting Date 06[30[92 requested, providing input and review of Implementation Plans and Service/Revenue Plans and any other plan documents, environmental input and coordination assistance and preparation of the General Plan Amendment Report. The scope-of-work also provides for all the support work necessary for presentations to the Citizen and Technical Committees plus outside groups which are interested in the project. At the present time, we anticipate having the Draft Environmental Impact Report out for public review in late July. Workshops are being held with the Joint Planning Commissions and those will continue through August. We also intend to hold workshops jointly with the City Council and Board of Supervisors beginning in late July. Public Hearings are proposed to begin at the Planning Commission level in September and the Council/Board level in November. FISCAL IMPACT: As part of the Three Party Agreement, an Otay Ranch trust fund is established. That is not affected by this modification. The trust fund is designed to receive deposits and security from the Applicant and to disburse assets of fund. The City's exposure to pay on this Agreement is limited to the assets in this fund, and there will be no fiscal impact on the General Fund of the City because the Baldwin Company will be funding this continuing scope-of-work. Attachment s~.\rb fal I3b.ajl Robert Bein, William Frost & Associates May 20, 1992 JN 500295 Page 1 of 3 SCOPE OF SERVICES A. Consultant agrees to perform the following Scope of Services as part of the General Plan Amendment and General Development Plan/Subregional Plan planning process for the Otay Ranch. The scope is general in nature in that the final products will be determined during the process through interaction with the Technical, Citizen and Executive Staff Committees. For this reason the scope is being prepared on a time and materials basis, and actual costs may vary from estimated costs. In performing its services hereunder, RBF has or will receive information prepared or compiled by others, the accuracy and completeness of which RBF is entitled to rely upon without independent evaluation or verification. TASK 01 Attend meetings, special studies and respond to questions as directed by the Executive Staff Committee on issues pertaining to the preparation and review of the General Plan Amendments and the GDP/SRP for the Otay Ranch Project. It is anticipated that the San Diego County Community Planning Groups; the Planning Commissions of the City of Chula Vista and the County of San Diego; and the City Council of Chula Vista and the Board of Supervisors; will make requests for information, studies and analysis on various issues prior to and during the hearing process for the Otay Ranch GPA and GDP/SRP. TASK 02 Assist in the preparation of the Final GDP/SRP document. This would include policy preparation, editing, graphics, etc. It is envisioned that the GDP/SRP will be refined up until and potentially after the Public Hearings held by the County of San Diego and the City of Chula Vista. TASK 03 Prepare reports and graphics for presentation as required for workshop and public hearings. This would include the Comrmmity Planning Groups of the County, the joint Planning Commission meetings and the joint City Council and Board of Supervisors meetings. TASK 04 Make presentations to groups interested in the planning of Otay Ranch as requested by the General Manager. Such groups may include, but are not limited to, Chamber of Commerce, Property Owners (adjacent), Sweetwater Civic Association, Eastlake Homeowners Association, Crossroads, and others. Q/500295 /b-¢ Robert Bein, William Frost & Associates May 20, 1992 JN 500295 Page 2 of 3 TASK 05 Prepare reports and graphics for presentation to Executive Staff & Technical Committees on final drafts of the GDP/SRP and the GPA. TASK 06 Attend and assist in presentations to Citizen Committees on issues pertaining to final drafts of the GDP/SRP and the GPA. TASK 07 Provide coordination, as requested by Executive Staff Committee, on regional issues outside the Otay Ranch which have a continuing impact on the planning of the Otay Ranch. Such coordination involves meeting with various organizations and interested parties on issues such as: the destination of SR- 125 as a toll road; the establishment of regional biological conservation ar~as and wildlife corridors; the planning of the Otay Valley Regional Park; and the study of fixed rail transit extension into the South Bay. TASK 08 Assist the City of Chula Vista in environmental coordination especially in the area of coordination of and response to public comments on the EIR and RMP. TASK 09 Assist in the coordination and review of the Service Revenue Plan, and any other implementation related studies. These may include review of draft SPA components for consistenc~/with GDP documents, or confirmation of the availability of infrastructure or services. Consultant would prepare a listing of outstanding issues to be resolved at the SPA or later stages of project implementation and assist in resolving these issues. ADDmONAL SERVICES Services which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services which are Additional Services, however, RBF is not obligated to perform such Additional Services, unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. Q/500295 Robert Bein, William Frost & Associates May 20, 1992 JN 500295 Page 3 of 3 ESTIMATED HOURS FOR TASKS Due to the preliminary nature of our proposed work efforts, it is difficult to forecast the type or duration of activities in which RBF will be requested to participate. The following table is a preliminary estimate for discussion purposes only. Actual time provided under a given task may vary widely based on Client direction. Q/50o295 Fourth Tkir~ Three Party Agreement for Otay Ranch Development Processing This Agreement ("This Agreement") is made this June , 1992 for the purposes of reference only, and effective as of the date last executed between the parties, between the city of Chula vista ("city") herein, a municipal corporation of the State of California, Baldwin Vista Associates, Ltd., a California Limited Partnership, ("Applicant"), and Robert Bein, William Frost & Associates ("Consultant"), Professional engineers, Planners & Surveyors, and is made with reference to the following facts: Recitals Whereas, Applicant is the owner of a~,.vv ..... 23,000 acre parcel of land located outside the current City limits for the city of Chula Vista, and within the unincorporated area of the County of San Diego, and is commonly known as the "Otay Ranch"; and, Whereas, Applicant is the proponent of the development of the Otay Ranch according to the concept plan and description presented to the city Council ("Otay Ranch Project") and made a part of a Statement of Intentions adopted by the Council on April 25, 1989, and in that regard is the proponent of a General Plan Amendment and General Development Plan application; and Whereas, city has entered into a Memorandum of Understanding ("MOU") with the County of San Diego ("County") to provide for the joint planning of the development of the Otay Ranch through a coordinated and cooperative effort of selected personnel from both the City and the County ("Joint Project Team", or alternatively "Team"); and, Whereas, pursuant to said MOU, City is primarily responsible for contracting for consulting services needed to plan for the development of the Otay Ranch; and, Whereas, in order to fulfil the need of the Team for baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 1 planning services, city entered into an agreement with Consultant on August 1, 1989 ("Original Agreement"), which agreement was amended in writing on February 1, 1990 ("First Amendment"), February 27, 1990 ("Second Amendment"), November 13, 1~90 ("Third Amendment"), an~ April 21, 1991 ("Fourth Amendment"), and January 14, 1992 ~"Fifth Amendment"~, all of which shall herein be referred to as the "Agreement as Amended"; and, Whereas, thereafter, the parties entered into an agreement on or about April 21, 1991 entitled "Three Party Agreement for Otay Ranch Development Processing" ("First Processing Agreement") by which they terminated the Agreement as Amended and replaced their rights and duties with the First Processing Agreement; and, Whereas, the term of the First Processing Agreement has expired and the estimated budget limitations have been reached as provided therein; and Whereas, on November 12, 1991, the parties entered into a "Second Three Party Agreement for Otay Ranch Development Processing which has now expired also; and Whereas, Applicant owes Consultant, as a result of services performed under prior agreements the sum herein stated and referred to as "Consultant's Bill for Previously-Provided Services" and the parties recognize that Consultant has performed all services required of it under the Agreement As Amended; and, Whereas, parties desire to continue the services of Consultant in connection with the planning of the development of the Otay Ranch and desire to keep their contractual relationship on according to the terms of this agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to city within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City, Applicant and Consultant do hereby mutually agree as follows: I. Establishment and Operation of Otay Ranch Trust Fund. A. City to Establish Otay Ranch Trust Fund. City has established, as part of its books and records accounting for financial transactions of the City, and related entities, a separate fund ("Otay Ranch Trust Fund", or "Trust baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 2 Fund") which is primarily designed to receive deposits and security (including the Trust Deed herein contemplated) from Applicant and to disburse assets of the fund, including proceeds realized from the foreclosure of any security devices, (1) to pay for all expenses and/or expenditures incurred by Team in connection with processing Applicant's application for the development of the Otay Ranch through the city and County; and, (2) to pay for all direct economic losses resulting from any contractual relationship entered into by the City or Team in connection with processing Applicant's application for the development of the Otay Ranch through the City and County provided that (a) such contractural relationship has been entered into with the written consent or at the direction of Applicant or the Applicant has accepted the benefits of the contractual relationship without written objection after having knowledge thereof; and (b) either (i) the loss is not the result of any negligence or willful misconduct of the contracting party or (ii) Applicant has consented to or directed the actions by the contracting party giving rise to the loss. To the extent that city asserts a loss to which Applicant has consented to or directed, the city shall consult with Applicant and will allow Applicant the opportunity, at Applicant's election, to cure or to give its advice as to subsequent steps to be taken to mitigate the loss. B. Duty to Foreclose. City agrees that, to the extent necessary to do so in order to realize proceeds to meet the City's duty to pay for expenses of the city and Team, and to the extent that Applicant is in default of the terms of this agreement, City will foreclose upon any security deposited with the City to secure the performance of Applicant. II. Duties Reqardinq Consultant's Bill for Previously Provided Services. This Section II relates exclusively to the duties and rights baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 3 /? of Applicant, City and Consultant with regard to the payment of Consultant's Bill for Previously Provided Services. A. Applicant's Duties. 1. Duty to Pay. Applicant agrees to pay to City, for deposit to the Trust Fund, for Consultant's Bill for Previously Provided Services, Invoices dated in the months of Junc through Dcca~bar, 1991 June. 1991 through June. 1992, the sum of ~ $450.000, (which includes interest thereon at the rate of 12% per annum, compounded monthly, on the outstanding balance due over 90 days from date of invoice) according to the following schedule: (1) $~0,000 per month beginning~..~ ......... ~ July 15, 1992, and continuing on the 1st of each month thereafter (2) $~0,000 payment in addition to the above, on July 15. 1992 all of which will be used to pay costs incurred and 90 days past due. e~ ................. ~ (3) ~ Any remaining balance all due and payable on June~., .... ~.~ January 15, 1993. Any work invoicing in January would be due and payable within 30 days of the date of that invoice. 2. Duty to Issue Note. As a duplicate duty to pay City for Consultant's Bill for Previously Provided Services, Applicant agrees to issue to the city a Negotiable Note Secured by Trust Deed in the form attached as Exhibit A. 3. Duty to Secure Note. Applicant agrees to cause one or more Deeds of Trust in the form attached hereto as Exhibit B ("Trust Deed") to be executed by the fee owners thereof for the purpose of securing, in part, Applicant's obligations herein under said Note, and in other part, all of Applicant's obligations under this Agreement. a. Property. The real properties ("Property") which are the subject matter of said Trust Deeds are commonly known as: 12755 Dannan Court, San Diego, CA 92130, 12756 Dannan Court, San Diego, CA 92130, 12777 Dannan Court, San Diego, CA 92130, and are legally described as set forth in the legal descriptions of the property which is the subject matter of said Trust Deeds, attached as Exhibit B-1 through B-3, inclusive. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 4 b. Equity. Applicant warrants and represents that the value of Applicant's equity in said Property is at least $748,000.00 as of the effective date of this agreement and is free and clear of all encumbrances thereon, and that the amount of all liens except taxes and assessments against said property do not exceed $1,122,000, and are first deeds of trust against the property held by the following persons in the following currently due amounts: (1) $390,000.00 to Western Financial Savings Bank as to Parcel 3 of Parcel Map No. 15699. (2) $366,000.00 to Western Financial Savings Bank as to Parcel 4 of Parcel Map No. 15699. (3) $366,000.00 to Western Financial Savings Bank as to Parcel 5 of Parcel Map No. 15699. c. Appraisal. Applicant shall bear the cost of an appraisal of Property satisfactory to the City, and the cost of a title report demonstrating that Applicant's Designee, Baldwin Building Contractors, L.P., a California Limited Partnership, is the fee owner and that there are no prior encumbrances against title not shown above. B. city's Duties. 1. Conditional Duty to Pay Consultant. On the condition that Applicant pays city as herein in this Section II, set forth above, or if, as a result of prosecuting its foreclosure rights under the Trust Deed, sufficient funds are realized, City agrees to pay to Consultant the sum of ~ approximately $450,000 includin~ T to~ctkcr %:itk such interest as is realized from Applicant's Duty to Pay for Consultant's Bill for Previously-Provided Services as herein contained. (This is an estimate' and will vary based on June, 1992 invoice). The general funds of the city shall not be liable to make this payment to Consultant, and on Baldwin's failure to pay, Consultant's sole remedy as to the city shall be limited by the resources, whatever they may be, in the Otay Ranch Trust Fund. C. Consultant's Duties. In the event and on the condition that City pays Consultant according to the terms herein provided, Consultant agrees to accept same in consideration for all previously provided services rendered to the Team in connection with, or related to, the Otay Ranch Project, including all services baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 5 rendered under the Agreement as Amended. III. Duties Relating to Processinq of Application for Development; Provision of Consultina Services. This Section III relates to the rights and duties between Applicant and the City for all costs associated with the processing of the Otay Ranch Project, and does not involve the rights and duties of Consultant as to consulting services, or compensation therefore. A. Applicant's Duties to Deposit Funds. 1. Duty to Make Cash Deposits on Demand. For the benefit of the City exclusively, Applicant shall, 20 days after demand, deposit with the City for application to the Otay Ranch Fund, such cash amounts.as city shall, from time to time, demand for the purpose of paying all processing costs incurred by the City and Team in processing Applicant's application for development of the Otay Ranch Project. 2. Limits on Authority of City to Demand Cash Deposits. city demand for funds to be placed on deposit shall be reasonable based on expected cash flow and all unfunded obligations of the Team which the Team expects to experience based on existing and future contract commitments. 3. Duty to Maintain Trust Asset Value at Proper Level. Upon receipt of notice by City to Applicant of the need to deposit, Applicant shall maintain on deposit with the City sufficient cash or value on deposit with the city to provide for the payment of all costs incurred by City, billed or otherwise, in connection with its processing of Applicant's application for the development of the Otay Ranch Project, including all costs incurred by the City under this agreement. 4. Applicant Liability. Regardless of the adequacy of funds deposited, Applicant shall be liable to City for all costs incurred by City or Team for the City's processing of Applicant's application to develop the Otay Ranch Project, including but not limited to all costs incurred by City in retaining the services of Consultant as baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 6 herein provided. 5. Applicant Duty to Deposit Performance Trust Deed. Applicant shall cause deeds of trust in the form attached hereto as Exhibit B, to be executed by the fee owners thereof for the purpose of securing, in part, all of its duties contained in this Agreement, including monetary or fiscal duties, and deliver same to city. a. Property. The real properties ("Property") which are the subject matter of the Trust Deed are commonly known as: 12755 Dannan Court, San Diego, CA 92130, 12756 Dannan Court, San Diego, CA 92130, 12777 Dannan Court, San Diego, CA 92130, and are legally described as set forth in the legal description of the property which is the subject matter of said Trust Deed. b. Equity. Applicant warrants and represents that the value of Applicant's equity in said Property is at least $748,000.00 as of the effective date of this agreement and is free and clear of all encumbrances thereon, and that the amount of all liens, except tax liens and assessments, against said property do not exceed $1,122,000, and are first deeds of trust against the property held by the following persons in the following currently due amounts: (1) $390,000.00 to Western Financial Savings Bank as to Parcel 3 of Parcel Map No. 15699. (2) $366,000.00 to Western Financial Savings Bank as to Parcel 4 of Parcel Map No. 15699. (3) $366,000.00 to Western Financial Savings Bank as to Parcel 5 of Parcel Map No. 15699. c. Appraisal. Applicant shall bear the cost of an appraisal of Property satisfactory to the city, and the cost of a title report demonstrating that Applicant's Designee, Baldwin Building Contractors, L.P., a California Limited Partnership, is the fee owner and that there are no prior encumbrances against title not shown above, and that all encumbrance holders have certified to the amount above listed. 6. Non-Drocessing Remedy. In addition to any other remedies which City may have baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 7 for breach of this Agreement, breach of this Agreement by Applicant in any manner, including but not limited to the failure of Applicant for any reason to deposit funds on demand, shall be grounds for the refusal of city and/or Team, and City and/or Team is hereby authorized to refuse, to continue processing the Otay Ranch Project development application. IV. Reconveyance Duties. A. Within 10 days of/upon request by Applicant, City shall execute a full reconveyance of the deeds of trust securing the Note delivered to the City under the terms of this Agreement at such time as the following conditions are satisfied: (1) the Note is paid in full in the manner herein provided or Applicant has deposited into the Trust Fund the sufficient amounts to permit the payment of Consultant's bill for Previously Provided Services as specified in Section II.A.1 of this Agreement; and (2), the City reasonably determines that there is sufficient cash or other value on deposit with the city to provide for the payment of all costs incurred by City, billed or otherwise, in connection with its processing of Applicant's application for the development of the Otay Ranch Project, including all costs incurred by the City under this agreement. V. Processing of Otay Ranch Project. This Section IV shall address the duties and rights of the parties regarding the processing of the Otay Ranch Project, and compensation therefore. A. Desiqnating Representatives for Administration of Contract. 1. The City hereby designates the City Manager, or his written designee, ("City's Representative") as its representative for the review and administration of the work performed by Consultant herein required. 2. Consultant hereby designates John Sullard as Consultant's representative ("Consultant's Representative") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. 3. Applicant hereby designates Fred Arbuckle, or other written designee of Greg Smith, as Applicant's representative ("Applicant's Representative") to the project for the duration of the project. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 8 B. Duties Relatin~ to Processing. 1. Duties of ADDlicant. a. Provide Information. The Applicant of the project shall provide to the Consultant, for the use by the Consultant, all site plans, grading plans, architectural elevations, project description, reports or any other documents, drawings, etc., which are available and could be of assistance to the Consultant in performing his services and preparing his Work Product. b. Permission to Access Pro~ect Area. The Proponent shall also provide Consultant with written permission for the Consultant and city staff to enter the Project Area, make any tests, conduct any surveys or reconnaissance necessary to permit the Consultant to perform the services herein required of the Consultant. 2. Consultant Duties. a. Primary Duty. On the condition that the Consultant is regularly paid in accordance with the provisions of this Agreement, and notwithstanding said condition, on the further condition that the total amount due Consultant is less than $550,000, Consultant shall continue to assist in the preparation of a General Plan Amendment and General Development Plan/Community Plan ("GDP") for the development of Otay Ranch, and in conjunction therewith, perform the tasks set forth in "Scope of Services, attached hereto as Exhibit C, and incorporated herein by reference, as same may be modified, added or reduced by the City. b. Reductions in Scope of Work. City may from time to time reduce the Scope of Work by the Consultant to be performed under this Agreement. c. Additional Scope of Work. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Services ("Additional Services"). Any professional consulting services or reimbursable services requested by City above and beyond their Scope of Services may be provided by baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 9 Consultant as Additional Services for an additional fee. Additional Services require written authorization by City on Consultants' Additional Work Request Form. Consultanta shall invoice city monthly for any Additional Services and all terms and conditions of this agreement apply, and specifically city's responsibility to review and approve of invoices within 15 days of receipt. Interest will accrue on the unpaid balance of Additional Services fees from 90 days from date of invoice. On ~cptcmbcr~v,~^ ~.."~ January 15. 1992, all fees for Additional Services, including interest are due and payable. d. Standard of Care. Consultant, in performing any Services under this agreement, shall perform such services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. C. Duties Relatinq to ComDensation. 1. Duty to Prepare Bill Monthly. Consultant shall prepare and submit to the City on the twenty-fifth day of each month, a bill for its services rendered in the prior month which bill shall contain the number of authorized hours which Consultant or their agents or employees shall have spent in executing the Scope of Work herein contained in this Section IV, which hours are to be extended by an hourly rate factor calculated at 2.75 2.85 times the normal hourly wage paid to said agent or employee. The extended cost of said individual employees and/or agents shall be totalled on said bill. Said bill shall also contain all reimbursable costs incurred during said billing period. 2. Duty to Set Hourly Rate of Aqents or EmDlovees. Consultant shall not adjust the hourly rates or its agents or employees as a result of this agreement. The hourly rates of its agents or employees currently assigned, or expected to be assigned to perform Consultant's duties under this agreement are set forth in the attached Exhibit D. Consultant warrants and represents that (1) Exhibit D truly and accurately reflects the hourly rates paid to such agents or employees as of the date of this agreement, (2) that such hourly rates are typical rates paid to similarly situated agents or employees in the trade or industry of Consultant, and (3) that the amounts so contained on Exhibit D have not been set as a result of this Agreement. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 10 3. Copies of Consultant BillinGs. Consultant agrees to submit to Applicant by mail copies of all billings submitted by Consultant for payment by the Trust. However, if Applicant has any objections to the bills submitted, Applicant will express its objection through the City within 15 days after receipt of same. 4. Duty to Pay Bill. On the condition that sufficient assets and resources are in the Otay Ranch Trust Fund, city shall pay the properly calculated and prepared Consultant's bill on a monthly basis within 30 days after receipt of same, except as herein provided. The General Fund of the City shall not be obligated to pay any portion of the services of Consultant, and Consultant's remedy for non-payment, as to the City, is limited solely to the resources, whatever they may be, to the Otay Ranch Trust Fund. In the event of non-payment due to a deficiency in the Otay Ranch Trust Fund of assets or other resources, City shall assign such claim and security as it may have against Applicant to Consultant. Consultant has the right and obligation, prior to rendering services, to satisfy itself that the assets and other resources, including the security for payment, of the Otay Ranch Trust Fund is sufficient and adequate, during the term of this agreement, to meet the obligations of the Otay Ranch Project, including the obligations to pay Consultant as provided in this agreement, and may, upon dissatisfaction, reasonably determined, may suspend services required of Consultant under this agreement. The City has the obligation, if requested by Consultant, to provide information on the Otay Ranch account in regards to balance and dissemination of funds within the account. 5. City's Deferral Riqhts. a. Definitions. The monthly difference between the proper amount billed by the Consultant for a given Deferral Month and the amount paid on such bill shall be referred to as the Monthly Deferral Amount, and the cumulative difference between the proper amount billed by the Consultant in total, and the amount paid on such bill shall be referred to as the Cumulative Deferral Amount. b. Deferral Right. City shall not be required to pay any amount of Consultant's bill representing services performed dated in the months of~l.~ ~ ........ ~..~v~ ~.l.~, ~ ....... ~..~ June. 1991 throuqh June 1992, inclusive, ("Deferral Months"), in excess of $25,000 ~¥~.,...~ per month until Junc~., ...... ~..~ January 15, 1993 (at which time all previously billed amounts are due and baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 11 payable). For that portion of Consultant's bill representing directly reimburseable expenses as permitted by this Agreement in the months of January through~..~, ....... ~.~~~ June. 1991 through June. 1992, city shall pay same in full each month out of such resources only as may be in the Otay Ranch Trust Fund without regard to the monthly limitation provided in this paragraph. c. Interest on Deferred Amount. The Monthly Deferral Amount shall bear interest from 90 days after billing at the rate 12% per annum, compounded monthly, until paid on which date all previously deferred amounts including accrued interest is due and payable. D. Miscellaneous Duties. 1. Insurance to City. Consultant represents to and for the express benefit of city that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City prior to beginning work: a. Statutory Workers Compensation coverage plus $1,000,000 Employers liability coverage. b. General and Automobile Liability coverage to $1,000,000 combined single limit which names city as an additional insured, and which is primary to any policy which the city may otherwise carry ("primary coverage"), and which treats the employees of the city in the same manner as members of the general public ("cross-liability coverage"). The cost of such additional insurance shall be deemed as a reimbursable cost to consultant. c. Errors and Omissions insurance to $1,000,000 unless Errors and Omissions coverage is included in the General Liability policy. All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shall meet with the approval of the City's Risk Manager. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 12 Ail policies shall provide that same may not be canceled without at least thirty (30) days written notice to the City. 2. Insurance to ADDlicant. Consultant represents to and for the express benefit of Applicant that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement, the following certificates of insurance directly to the Applicant prior to beginning work: a. Statutory Workers Compensation coverage plus $1,000,000 Employers liability coverage. b. General and Automobile Liability coverage to $1,000,000 combined single limit which names Applicant as an additional insured, and which is primary to any policy which the Applicant may otherwise carry ("primary coverage"), and which treats the employees of the Applicant in the same manner as members of the general public ("cross-liability coverage"). The cost of such additional insurance shall be deemed as a reimbursable cost to consultant. c. Errors and Omissions insurance to $1,000,000 unless Errors and Omissions coverage is included in the General Liability policy. All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shall meet with the approval of the Applicant. All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the Applicant. E. Term. This Agreement should become effective upon execution as authorized by the Mayor of the City, or his designee, and shall terminate, if not terminated pursuant to other provisions baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 13 contained herein, or otherwise extended by all parties, on ........... February 1 1993 F. Financial Interests of Consultant: Consultant warrants and represents that neither he, nor his immediate family members, nor his employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest") except as listed on an attachment. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant or Consultant's associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor his immediate family members, nor his employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. G. Hold Harmless. Consultant shall defend, indemnify and hold harmless the Applicant and City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the negligent conduct of the Consultant, or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, it officers agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of city shall not be limited by any prior or subsequent declaration by the baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 14 Consultant. H. Termination of Aqreement for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the city, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused city by Consultant's breach. I. Termination of Agreement for Convenience of City. city may terminate this Agreement at any time and for any reason for giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Consultant shall suspend any additional work not expressly directed by the city upon receipt of such notice. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the city, become City's sole and exclusive property. If the Agreement is terminated by city as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 1. Upon receipt of a request from Applicant for suspension or termination of its Application, city will exercise its privileges to terminate Consultant under this Agreement. J. Assiqnabilit¥. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 15 assignment or novation), without prior written consent of city which City may not unreasonably deny. .K. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of city. city shall have unrestricted authority to publish, disclose as may be limited by the provisions of the Public Records Act, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. L. Independent Contractor. city is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant'S work Products. Consultant and any of the Consultant'S agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of city, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. M. Errors and omissions. In the event that the city Engineer determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the city including engineering, construction and/or restoration expense. Nothing herein is intended to limit city's rights under other provisions of this agreement. N. Administrative Claims Requirements and Procedures. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 16 No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the city of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended,~ the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with city for the purpose of resolving any dispute over the terms of this Agreement. O. Attorney's Fees. Should a dispute result in litigation, and the procedure for claiming and resolving the dispute herein contained is adhered to, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. P. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. Q. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as city's agent to bind City to any contractual agreements whatsoever. R. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified adjacent to the signatures of the parties represented. baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 17 S. Entire Aqreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. T. CaDacit¥ of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. U. Governinq Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of Page. Next Page is Signature Page.) baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 18 Signature Page to Agreement with IN WITNESS WHEREOF, City, Consultant and Applicant have executed this Agreement as of the date set forth adjacent to their signature. Dated: June 26, 1992 CITY OF CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: Robert Bein, William Frost & Associates, 14725 Alton Parkway, Irvine, CA 92718 By: Robert Bein, CEO Dated: Baldwin Vista Associates, L.P., a California Limited Partnership, 11975 E1 Camino Real, suite 200, San Diego, CA 92130 By: Baldwin Builders, Inc., a California Corporation, its General Partner, By: Greg Smith, President baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 19 Exhibit List to Three Party for Otay Ranch Development Processing Agreement Exhibit A. Note Secured by Trust Deed issued by Applicant to city in the amount of Consultant's Bill for Previously Provided Services ($450,000.00). Exhibit B. Trust Deed Securing Note in Exhibit A, and Performance, Including Monetary Performance, in Agreement. Exhibit C. Scope of Services of Consultant. Exhibit D. Hourly Rates of Consultant's Employees and Agents baldwn3e.wp RBF/City/Baldwin Agreement June 26, 1992 Page 20 ~ ~........~ OiRY RRnCH JOINT PLANNING PROJECT COUNn' Of SAN DIEGO. CITY OF CHULA VISTA June 30, 1992 TO: The Honorable Mayor and Members of the City Council Anthony J. Lettieri~p, General Manager FROM: SUBJECT: Agenda Item 10 - Revised Equity Statement On June 30, 1992, Baldwin submitted to the Otay Ranch Project Office the latest property statements for the three properties to be used as equity for the security associated with the RBF Agreement. Those statements show that the encumbrances for the three parcels total approximately $1,106,000.00. The appraisals, as submitted by Baldwin, for the three parcels total $1,770,000.00. This means that the net equity is approximately $664,000.00. Please revise your Agenda Statement and page 5 of the Agreement to reduce the equity to at least $664,000.00 from the $748,000.00 currently stated in the Agreement. _____ ...._---~--"._-'----.------_._.-..__._--_.-_._._" .-...,-'_.'" ,..,. ..~ ...-..--....- .-,. - - ~.,"...._._. ''''.-", '-'---~''''-".. memos#2: \ tn63092.ajl /O-~7 315 Fourth Avenue, Suite A, Chula Vista, CA 91910. (619) 422-7157' FAX: (619) 422-7690 COUNCIL AGENDA STATEMENT Item Meeting Date 6/30/92 ITEM TITLE: Resolution I~.. Accepting contract work, traffic signal modification and upgrade (FY 91-92) at various locations in the City of Chula Vista and/appropriating funds therefor SUBMI1-FED BY: Director of Public Works I~ REVIEWED BY: City Manager,~bq~.)~.~.~.~i ~ (4/Sths Vote: Yes X No__.) On February 12, 1992, the City Council by Resolution No. 16500, awarded a contract in the amount of $82,400 (including contingencies) for the modification and upgrade of traffic signals at various locations in the City. The contract was awarded to Knox Electric, Inc. The work is now completed. RECOMMENDATION: That Council: 1. Adopt a resolution accepting the contract work. 2. Appropriate $5,000 from the unencumbered traffic signal fund balance to cover the cost to to reimburse the General Fund for full staff services. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Knox Electric, Inc. completed the modification and upgrade of traffic signals at the following intersections on June 8, 1992: 1. Second Ave. and E St. 5. Fourth Ave. and H St. 2. Fourth Ave. and C St. 6. Second Ave. and H St. 3. Fifth Ave. and E St. 7. Fourth Ave. and H St. 4. F St. and Broadway 8. Fourth Ave. and G St. A final inspection was made on June 10, 1992, and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. It is necessary, however, to appropriate $5,000 to cover the total cost of reimbursement to the General Fund for staff services at full cost recovery to construct the project (see Financial Statement below). TRAFFIC SIGNAL MODIFICATION AND UPGRADE (FY 91-92) AT VARIOUS LOCATIONS PROJECT Financial Statement I. Appropriated Funds {TF 210) A. Construction $ 82,400.00 B. Staff 17,600.00 Total I $100,000.00 Page 2, Itea )1 Meeting Date 6/30/92 II. Contract AJnount as Awarded A. Construction (Knox Electrical, Inc.) $ 82,400.00 $77,750 original contract plus contingencies B. Staff 17.600.00 Total II $100,000.00 III. Actual Expenditures A. Construction (Knox Electrical, Inc.} $ 77,750.00 B. Staff (includes 2.558 full cost recovery factor) Estimate 27,250.00 Total III $105,000.00 As of May 14, 1992, the staff cost (including the FCR factor) amounted to $25,487.35. We estimate that the actual staff cost incurred will be about $27,250. To pay for this amount, staff proposes to use the $17,600 appropriated with the project, $4,650 from the unused construction contingency fund ($82,400 less $77,750) and the $5,000 to be appropriated from the Traffic Signal Fund balance. In order to generate the construction drawings plans, staff at the technician level, spent a lot more time than anticipated. New plans were drawn for each intersection in order to bid and construct the project. FISCAL IMPACT: In addition to the construction cost summarized above, the City will maintain the public improvements. RS:BR-049 WPC 6034E RESOLUTION NO. ~(-~92_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CONTRACT WORK, TRAFFIC SIGNAL MODIFICATION AND UPGRADE (FY 91-92) AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS THEREFOR WHEREAS, on February 12, 1992, the City Council by Resolution No. 16500, awarded a contract to Knox Electric, in the amount of $82,400 (including contingencies) for the modification and upgrade of traffic signals at various locations in the City; and WHEREAS, Knox Electric, Inc. completed the modification and upgrade of traffic signals on June 8, 1992; and WHEREAS, a final inspection was made on June 10, 1992 and all work was found to be completed in according with the contract plans and specifications and to the satisfaction of the City Engineer; and WHEREAS, it is necessary to appropriate $5,000 to cover the total cost of reimbursement to the General Fund for staff services at full cost recovery to construct the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista does hereby accept the contract work for traffic signal modification and upgrade (FY 91-92) at various locations in the city of Chula Vista. BE IT FURTHER RESOLVED that the amount of $5,000 is hereby appropriated from the unappropriated balance of the Traffic Signal Fund and transferred into Account 0600-6005-TF210. Approved as to f~m by Presented by John P. Lippitt, Director of Bruce M. Boogaa~d, ~i~y Attor ey Public Works /\ -A COUNCIL AGENDA STATEMENT Item /~-- Meeting Date 6/30/92 ITEM TITLE: Resolution ~l~b,R~ Accepting bids and awarding contract for construction of Main Street widening from Industrial Boulevard to Interstate 5 in the City of Chula Vista, California SUBIqITTED BY: Director of Public Works/~~x' REVIEWED BY: City ManagerJqh~.?~ (4/5tbs Vote: Yes No X ) BACKGROUND: At 2:00 p.m. on June 10, 1992 in the Public Services Building, the Director of Public Works received sealed bids for the "Main Street Widening Project from Industrial Boulevard to Interstate 5 in the City of Chula Vista, California". The project is funded by Transnet and is intended to improve the drainage system, traffic flow and safety by widening and improving the northerly portion of Main Street. RECOMMENDATION: That Council accept bids and award contract to Granite Construction Company in the amount of $341,381.00 for alternative B which pays prevailing wages. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Main Street widening from Industrial Boulevard to Interstate 5 was budgeted in the Capital Improvement Program. The project is the first portion of the planned overall widening of Main Street. This project is being coordinated with MTDB's project currently under construction which replaces the old trolley bridge over Main Street with a new bridge which widens the street to 80 feet curb-to-curb beneath the new bridge. This project was advertised for a period of five weeks. During that period, plans were purchased by 30 contractors and, on the opening date, bids were submitted by four contractors. Each contractor had the option of bidding either or both of two alternatives, A or B. Alternative A provides that the contractors are not required by the bid specifications to pay the prevailing wage (NOT "prevailing Wage Rate") to persons employed by them for work under this contract. Alternative B requires the contractor to pay the general prevailing wage rates. A summary of the four bids received are as follows: Alternative A Alternative ~ 1. Granite Construction Company, San Diego None $341,381.00 2. Southland Paving, Inc., San Diego $377,358.67 $398,653.45 3. L.R. Hubbard Construction, San Diego $382,951.34 $410,714.41 4. Caves, Inc., San Diego $394,211.00 $394,211.00 Page 2, Item Meeting Date 6/30/92 The low bid by Granite Construction Company for alternative B is below the engineer's estimate of $474,095.00 by $132,714.00 or 28%., and is the lowest of all bids submitted for either alternative. As we indicated last week, staff is revising our cost items in an attempt to reflect the great downturn in construction costs. We have reviewed the low bid and recommend awarding the contract to Granite Construction Company for alternative B. Staff has conducted a past performance evaluation of the low bidder and has determined that Granite Construction Company is an excellent contractor and that they have successfully completed similar projects in the San Diego area in the past. The project specifications require the contractor to have 15% of the work performed by Disadvantage Business Enterprise sub-contractors (DBE). The project is subject to part 23, Title 49, Code of Federal Regulations and CalTrans Disadvantage business program. These regulations require the prime contractor to meet the DBE goal by using eligible sub-contractors, or making a good faith effort to solicit such participation. Staff concluded that Granite Construction Company does meet our DBE goal. Granite Construction Company has met the DBE requirements by using eligible sub-contractors for 22% of the work or $76,260. This participation exceeds our minimum target of 15% and therefore the low bidder has complied with the project specifications and related regulations. Attached is a copy of the contractor's disclosure statement. FINANCIAL STATEMENT: FUNDS REQUIRED FOR CONSTRUCTION: A. Contract Amount $341,381.00 B. Staff Inspection 17,069.00 C. Contingencies 34,138.00 TOTAL FUNDS FOR CONSTRUCTION $392,588.00 FUNDS AVAILABLE FOR CONSTRUCTION: A. 603-6030-ST137 Transnet $291,462.27 B. 603-6030-ST137B Transnet 9,354.60 C. 603-6030-ST153 Transnet 91,771.13 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $392,588.00 FISCAL IMPACT: The project is funded by Transnet program financed by Proposition A 1-1/2 percent sales tax. Main Street widening is in cycle III of the SB 300 program. The city will qualify for an estimated 10% reimbursement of the construction cost or approximately $39,000. This expenditure of funds was authorized in the CIP budget as indicated. Upon completion of the project, it will require routine City maintenance. SA:AX-Ogg WPC 6032E MEMORANDUM June 15, 1992 File # AX-099 TO: John Goss, City Manager Bruce Boogaard, City Attorney Lyman Christopher, Director of Finance Beverly Authelet, City Clerk Roberto Saucedo, Senior Civil Engineer FROM: John Lippitt, Director of Public Works ~/ SUBJECT: Resolution - Accepting bids and awarding contract for "The Widening of Main Street from Industrial Blvd to Interstate 5 in the city of Chula Vista" Funds required for construction A. Contract Amount $ 341,381.00 B. Staff $ 17,069.00 C. Contingencies $ 34,138.00 Total Funds for Construction $ 392,588.00 Funds available for Construction A. Account No. 603-6030-ST137 $ 291,462.27 B. Account No. 603-6030-ST137B $ 9,354.60 C. Account No. 603-6030-ST153 $ 91,771.13 Total $ 392,588.00 SA:rb (SA\RESOAX99.MEM) RESOLUTION NO. l~3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF MAIN STREET WIDENING FROM INDUSTRIAL BOULEVARD TO INTERSTATE 5 IN THE CITY OF CHULA VISTA, CA. WHEREAS, at 2:00 p.m. on June 10, 1992, in the Public Services Building, the Director of Public Works received the sealed bids for the construction of Main Street widening from Industrial Boulevard to Interstate 5 in the city of Chula Vista; and WHEREAS, the following four bids were received who had the option to submit bids on Alternate A, Alternate B, or both with Alternate A based on a premise that contractors would not pay their laborers prevailing wages and Alternate B based on a premises that they would pay their laborers prevailing wage scale: Alternate A Alternate B 1. Granite Construction Company None $341,381.00 San Diego 2. Southland Paving, Inc. - Escondidio $377,358.67 $398,653.45 3. L.R. Nubbard Construction Co., Inc. $382,951.34 $410,714.41 San Diego 4. Caves, Inc., San Diego $394,211.00 $394,211.00 WHEREAS, the low bid by Granite Construction Company for Alternate B is below the Engineer's estimate by 28% and is the lowest of all bids submitted for either alternative and staff has reviewed the low bid and recommends awarding the contract to Granite Construction Company for Alternate B. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby accept said four bids and awards the contract for construction of Main Street widening from Industrial Boulevard to Interstate 5 in the City of Chula Vista to Granite Construction Company for Alternate B in the amount of $341,381.00 to be completed in accordance with the specifications approved by the Director of Public Works. 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 ~d~~Fo~,~f~ JOhnpublic P'WorksLippitt' Director of ~n~Boog~d, Cit~ COUNCIL AGENDA STATEMENT Meeting Date 6/30/92 ITEM TITLE: Resolution I~Lo~ Approving the submittal of an application for Fourth Cycle Funds of the State/Local Transportation Partnership Pro~ram (SLTPP) SUBMITTED BY: Director of Public Works ~ Senate Bill 300 created the State/Local Transportation Partnership Program {SLTPP) to identify and construct locally supported projects with a minimum of State planning and review. Staff has prepared an application package to CalTrans, the Agency administering the State Local Transportation Partnership Program, and is submitting said package for Council's approval. In order that the application for SLTPP funds may be considered, a Council resolution approving the submittal of the application to the CalTrans Local Streets and Roads Engineer is required. RECOMMENDATION: That Council adopt a resolution approving submittal of project applications for available Senate Bill 300 State/Local Transportation Partnership Program, Fourth Cycle Funds. BOARDS/COMMISSIONS RECO~4ENDATION: Not applicable. DISCUSSION: In response to the extensive state-wide need for funding for the rehabilitation and upgrading of streets and roads, the State legislature has proposed the State/Local Transportation Partnership Program (SLTPP). The SLTPP offers an opportunity to construct projects which may not stand the traditional test of state-wide significance, but are critically needed by a local community. The State Legislature intends to appropriate funding for the program for fiscal year 1993-94 by June 30, 1993. At that time, the Legislature will also determine whether this will be an ongoing program beyond the 1993-94 fiscal year. The maximum State share for each project will be 50% of project construction cost less Federal funding for the project. A preliminary list of projects submitted by all agencies to CalTrans will be compiled and the requested State share computed. If the requested State share exceeds the total budgeted amount, a pro-rata share for the projects will be computed and applicants will be notified of the resulting percentage of State share. Projects submitted must meet the following eligibility requirements: 1. The project will increase the capacity of the highway or guideway or would extend service to new areas or in case of a local road rehabilitation project, it would extend the useful life of the roadway by at least ten years. 2. The applicant has committed itself or is capable of committing itself to the payment of the local share to complete the project. Page 2, Item /~ Meeting Date 6/30/92 3. The project is not receiving any other State funds. 4. The applicant has completed or is capable of completing all project development work so that the contracts for the project can be awarded no later than June 30, 1994. 5. Improvements to State highways are consistent with the State/Federal standards and are designed to minimize long-term maintenance costs. 6. The cost estimate included in the application is reasonable. The following is a listing of the City projects to be submitted for Fourth Cycle Funds. Project Local Share Maximum State Share 1. 1-805/Telegraph Cyn Rd., Interchange Imps, Phase II $ 600,000 $ 600,000 2. 1-805/E. "H" St., Interchange Imps., Phase II 1,600,000 1,600,000 3. "L" St. Reconst., between Mission and Nacion 200,000 200,000 4. Otay Valley Road, Phase II Widening and Reconstruction 837,000 837,000 5. Orange Avenue, e/o Hunte Parkway, Street Construction 1,642,000 1,642.000 TOTAL $4,87g,000 $4,879,000 The City's share of funding for the proposed projects will be appropriated from transportation sales tax (TransNet), DIF and Assessment District revenues. FISCAL IMPACT: Maximum potential revenues to the City in the amount of $4,879,000. Actual amount will be dependent on the number of projects approved and the computed percentage of State share. The City will be responsible for the local share. SMN:KY-179 WPC 6036E RESOLUTIOH N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUL~ VISTA APPROVING THE SUBMITTAL OF AN APPLICATION FOR FOURTH CYCLE FUNDS OF THE STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM WHEREAS, Senate Bill 300 created the State/Local Transportation Partnership Program (SLTPP) to identify and construct locally supported projects with a minimum of State planning and review; and WHEREAS, staff has prepared an application package to CalTrans, the Agency administering the State Local Transportation Partnership Program, and is submitting said package for Council's approval; and WHEREAS, in order that the application for SLTPP funds may be considered, Council must approve the submittal of the application to the CalTrans Local Streets and Roads Engineer; and WHEREAS, the following is a listing of the City projects to be submitted for Fourth Cycle Funds: PROJECT LOCAL SHARE MAXIMUM STATE SHARE 1-805/Telegraph Cyn. Rd. $ 600,000 $ 600,000 Interchange Imps. Phase II 1-805/E. "H" St. Interchange 1,600,000 1,600,000 Imps. Phase II "L" St. Reconst. between 200,000 200,000 Mission and Nacion Otay Valley Road, Phase II 837,000 837,000 Widening and Reconstruction Orange Avenue, e/o Hunte 1,642,000 1,642,000 Parkway, Street Construction Total $4,879,000 $4,879,000 NOW, THEREFORE, BE IT RESOLVED that the city Council of the ~ity of Chula Vista does hereby approve the submittal of an application for Fourth ~l~am F~s .of theI State/Local Transportation Partnership g ( 5T/~) // Presented by ~ ~ ~ '~n~ B°°gaard~y COUNCIL AGENDA STATENEN~ Meeting Date 6/30/92 ITEM TITLE: Resolution I~~ Approving the final change order for the Norman Park senior Center Project, authorizing the Director of Public Works to execute said ~ontract on behalf of the city. . SUBMITTED BY: Director of Public Works Director of Parks & ~ecreatio~( REVIEWED BY: City Manager~i~I ~ !.1~_? (4/5the Vote: Yes__No x ) On December 18, 1990, the City Council/Redevelopment Agency, by Council Resolution 15977, awarded a construction contract to Davidson Construction Company for "Norman Park Senior Center Remodel and Expansion" in the City of Chula Vista. To date, nine minor change orders have been approved and executed. Chanqe Order No. Execution Date Amount 1 June 12, 1991 ($1,384.00) (Credit)/Cabinet Work 2 August 5, 1991 4,698.00 Automatic Doors/Flagpole 3 November 5, 1991 Reso. #16394 15,398.00 Bus Turn-out 4 February 2, 1992 4 706.00 Elec./Roof Drains 5 February 24, 1992 4 953.00 Sidewalk Replacement 6 February 26, 1992 4 935.00 Roof Flashings 7 March 3, 1992 4 735.00 Class II Base 8 March 16, 1992 4 949.00 Wall Coverings/Paint 9 May 18, 1992 2 826.00 Cabinet Rev./Add. Concrete TOTAL $45 816.00 The net result of these previous change orders increased the construction contract amount to $2,345,816.00. Proposed Change Order #10 is the final project change order with Davidson and is in the amount of $33,334.00 which revises the final contract amount to $2,379,150.00. RECOMMENDATION: That Council adopt the resolution approving Change Order #10 and authorizing the Director of Public Works to execute it on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Proposed Change Order #10 is the final project Change Order with Davidson Construction Company and includes various revisions, additions, and changes to the scope of work not defined in the original contract documents. These additions have been, in some cases, requested by City departments for code compliance, from the client department for necessary amenities in the building, field requests from the architect, and for structural and Page 2, Ite~ Meeting Date 6/30/92 maintenance needs. A breakdown of Change Order #10 is as follows: Proposed Chan~e Order #10 Item No. Description 1 Wood/steel structural changes per architect $13,941.00 2 Electrical changes, code compliance or field requirements - 7,391.00 3 Necessary hardware revisions - 5,146.00 4 Signs, partitions, and flashing revisions 3,996.00 5 Miscellaneous painting - 3,197.00 6 Landscape revisions (Credit) (337.00) The total of the above items is - $33,334.00 This final Change Order to Davidson Construction finalizes the construction costs, however, contract closeout and acceptance is forthcoming. Two issues which are outstanding are #1 - the final audit on compliance with prevailing wage provisions being completed by the Community Development Department and HUD and #2 - a review of the mechanical design engineering to rectify some fluctuating temperatures associated with the heating and air-conditioning system. Once these issues have been satisfied, project acceptance will be initiated. Funds Available for Oriqinal Construction of Norman Park Center Contract Amount $2,300,000.00 Contingencies 10% 230,000.00 Staff Time 10% Contingencies 230,000.00 Lease Payment 311 F St. 72,000.00 Total Appropriated Funds $2,832,000.00 Original Contract with Davidson $2,300,000.00 Change Orders #1 - #9 45,816.00 Proposed Change Order #10 33,334.00 Funds Now Required for Construction $2,379,150.00 The amount of all change orders for this renovation project is approximately 3 1/2% of the original contract amount, and well below the 10% contingency originally set aside for this project. Funds for this Final Change Order are available in the enoumbered balance of the CIP fund for "Remodel of Norman Park Center." FISCAL IMPACT: The contract with Davidson will be increased by $33,334.00 for a revised contract amount of $2,379,150.00. (COAGNPC.CAS) sonuwIoN No. lt2-ogS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL CHANGE ORDER FOR THE NORMAN PARK SENIOR CENTER PROJECT, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY WHEREAS, on December 18, 1990, the City Council/ Redevelopment Agency, by Council Resolution 15977, awarded a construction contract to Davidson Construction Company for "Norman Park Senior Center Remodel and Expansion" in the City of Chula Vista; and WHEREAS, Change Order #10 in the amount of $33,334.00 is the final project Change Order with Davidson Construction Company and includes various revisions, additions, and changes to the scope of work not defined in the original contract documents; and WHEREAS, these additions have been, in some cases, requested by City departments for code compliance, from the client department for necessary amenities in the building, field requests from the architect, and for structural and maintenance needs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Change Order #10 in the amount of $33,334 for the Norman Park Center Project. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said change order for and on behalf of the City of Chula Vista. Presented by Appr~d as~ form ~ John P. Lippitt, Director ~ruce M. B 6~d, City of Public Works Attorney (I COUNCIL AGENDA STATEMENT ITEM /~' Meeting Date 6/30/92 ITEM TITLE: a) Resolution/~G~ Initiating proceedings for the formation of Open Space District No. 24, Canyon View Homes and ordering the City Engineer to prepare and file report therefor b) Resolution ~[o~C~"[Accepting report and declaring the City's intention to establish Chula Vista Open space District No. 24 and setting the time and place for hearing thereon SUBMITTED BY: Director of Public Works ~ Director of Parks & Recreation/'~,, REVIEWED BY: City Manager ,J('~ ~'~ .~,'?_~'t (4/5ths Vote: Yes No In order to initiate the proceedings for the formation of open space districts the City Engineer must prepare and file a report in accordance with the Streets and Highways Code. This resolution will begin the process for the formation of the open space district for Canyon View Homes. RECOMMENDATION: That Council: 1. Approve the Engineer's Report. 2. Adopt a resolution declaring the Council's intention to form the proposed district in accordance with Section 17.07 of the Municipal Code and Section 22587 of the Streets and Highways Code. 3. Direct the City Clerk to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code. 4. Set July 21, 1992, at 6:00 p.m. as the date and time for public hearing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 23, 1991, Council conducted a public hearing to consider formation of the open space district for Canyon View Homes. At that hearing, the developer requested that Council defer any action on the formation of the district until more property owners could participate in the hearing. Page 2, Item /~*'''* Meeting Date 6/30/92 The developer, Mark Kelton, requested the postponement of action in order to investigate whether or not the open space should be maintained through City Open Space Districts or through a Homeowner's Association with a "ghost" City Open Space District in place should the HOA not properly maintain the highly visible slopes. Mr. Kelton, in his letter dated June 12, 1992, indicated that he would like the City to proceed with forming the open space district and assess the property owners for maintenance for fiscal year 1992-93. According to Article 1, Chapter 2, Part 2 of Division 15 of the California Streets and Highways Code, also known as the "Landscaping and Lighting Act of 1972", proceedings for the formation of an assessment district must be initiated by resolution. The resolution must: 1. Propose the formation of the district pursuant to the above referenced part of the Landscaping and Lighting Act. 2. Describe the improvements. 3. Describe the proposed assessment district and specify a distinctive designation for the district. 4. Order the City Engineer to prepare and file a report in accordance with Article 4 of Chapter I of the Landscaping and Lighting Act. The district proposed to be formed is for Canyon View Homes. The City Engineer has prepared the report for Council's consideration and approval. Report on Proposed Ooen Soace District No. 24 Canyon Views I. Background This report is prepared pursuant to City Council direction and in compliance with the requirements of Division 15, Part 2, Chapter 1 of the Streets and Highways Code of the State of California and the Chula Vista Municipal Code, Sections 17.07. On August 9, 1988, by Resolution 13726, Council approved the tentative map for Canyon View Homes, Chula Vista Tract 88-8. The final map (Map No. 12507) was approved on October 27, 1989 by Resolution 15369. One of the conditions of approval required that the open space lots created by the map be included within an open space maintenance district. The developer, Canyon View Homes, has petitioned for the formation of an open space maintenance district to maintain said lots. However, since the petition was received, a number of properties have been sold thereby requiring a public hearing for the formation of the district. /.5'- 2- Page 3, Item ~/~' Meeting Date 6/30/92 II, Boundaries of District The boundary of the district corresponds to the boundary of Chula Vista Tract 88-8, Canyon View Homes and is shown on the Assessment Diagram on file in the Office of the City Engineer. A reduced copy, Attachment A, is included in this report. As permitted in the Streets and Highways Code Section 22571, the details of the individual lots (lines, dimensions and bearings) to be maintained are shown in the County Assessor's Maps for the properties on file in the San Diego County Assessor's office. III. Maintenance Items The areas to be maintained by maintenance contract consist of four open space lots totalling 119,746 square feet and designated as Lots C, D, E and H on the Assessment Diagram. These are the highly visible slopes adjacent to East H Street and Rutgers Avenue. The facilities and items of maintenance included within the District are as follows: 1. Maintain landscaping and irrigation system improvements within the designated open space lots. 2. Maintain the stucco walls located within the open space lots. 3. Maintain drainage facilities within the open space lots. The proposed maintenance program for Open Space District 24 consists in general of the following: 1. Repair, removal, or replacement of all or any part of any improvement. 2. Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping. 3. Weed abatement. 4. Removal of trimmings, trash and litter. IV. Cost Estimate The estimated annual cost for maintenance of Open Space Maintenance District No. 24 Canyon Views is $27,210. This preliminary estimate is based on information obtained from the developer and has been reviewed by the City Open Space Coordinator. Page 4, Item Meeting Date 6/30/92 Even though we do not expect to take over the district for maintenance for a couple of months, staff proposes to assess for the full year. Under the Code, a 50 percent reserve is required, but it can be built up over a five-year period. Spreading this reserve over five years would require a 10 percent higher assessment each year. By assessing for the full year, the reserve would be built up in the first year without this increase to the first year's assessments. V. Assessment Schedule The proposed district will contain 40 single family attached units. The proposed distribution of assessments is shown in Attachment B For purposes of distributing assessments, each single family unit is equivalent to one assessment unit. The estimated annual assessment for a typical single family unit is $680.26 which is less than ~60/month. Ootions There are four options that could be considered for this District. 1 ) Create the Open Space District as proposed with the first year assessment of $680 per unit. 2) Include this District in a "Scenic Corridor" District. At the Council meeting of July 23, 1991, Council also directed staff to investigate the feasibility of creating an Open Space District for slopes and medians along scenic corridors. Staff has done some preliminary research on this "Scenic Corridor" District and has identified the following which need to be considered/answered: a) How are irrigation and electrical systems set up? Are these systems isolated from local open space systems? How much will it cost to retrofit these systems to allow inclusion to an overall district? b) How should the City handle areas in which an H0A maintains the "Scenic" slopes, such as in EastLake? c) How should the City handle the different levels of landscaping from one area to another? One area might require more irrigation than another due to the type of plantings. d) Should the district include only slopes along the Scenic Corridor or all slopes visible from the roadway. Page 5, Item /,~ Meeting Date 6/30/92 e) Should areas not included in a district be included and, if the answer is yes, what impact will that have on the cost. The complexity of the issues, the lack of staff to process the workload during the last fiscal year and the potential size of such a district have contributed to staff not having a proposal for Council's review at this time for a "Scenic Corridor" District. As a result, staff recommends that Open Space District No. 24 be processed at this time and if a "Scenic Corridor" District is formed in the future, that the slopes be included in that district. 3) Do not include the area in a district and have the homeowners maintain the slopes. As of this writing, we have not been able to verify whether or not the developer held an election with the homeowners to see if they would want to maintain it through their Association. However, the developer has requested that this district be established. 4) Annex to the Bonita Long Canyon Open Space District. This option would require a hearing with property owners of the annex area and the existing District. Staff estimates that this action would lower the assessments for Canyon View owners from $680.25/year to $338.92/year. Bonita Long Canyon property assessments would increase from a proposed ~323.20/year to $338,92/year. However, the current year assessment for Bonita Long Canyon is $369.38/year and would be lowered by $30.46/Iot. If this option were selected, staff would recommend that the developer contribute to the District, by maintaining the slopes for a period of time sufficient to keep the costs for Canyon Views equivalent to the costs for Bonita Long Canyon or ~323.20/unit. That would probably require the developer to maintain the slopes for six months. Even though this option would have a minimal impact on Bonita Long Canyon property owners, it still might generate opposition from the Bonita Long Canyon property owners. Acceotance of SloDes for Maintenance by Staff Open Space Staff has inspected the slopes and determined that the landscaping has deteriorated to such a level that it would take six months to one year before it would be acceptable for the City Open Space Program to maintain. Plats are available for Council viewing. Council will be provided with an analysis of the available options at the recommended Public Hearing. FISCAL IMPACT: None. Cost of district formation are paid for by the developer through a deposit. Annual staff and administration costs are included in the assessment. DDS:OS-025 SB/A-113S/CANYON.VWS RESOLUTION NO. l~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE FORMATION OF OPEN SPACE DISTRICT NO. 24, CANYON VIEW HOMES, AND ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORT THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, according to Article 1, Chapter 2, Part 2 of Division 15 of the California Streets and Highways Code, also known as the "Landscaping and Lighting Act of 1972", proceedings for the formation of an assessment district must be initiated by resolution; and WHEREAS, on August 9, 1988 Resolution 13726, the City Council approved the tentative map for Chula Vista Tract 88-8 Canyon View Homes and on October 27, 1989 by Resolution 15369 approved the final map; and WHEREAS, one of the conditions of approval of the tentative map required that the open space lots created by the map be included within an open space maintenance district; and WHEREAS, the proposed designation for this district is Open Space District No. 24 (OSD 24); and WHEREAS, the open space areas to be maintained are generally the highly visible slopes adjacent to East "H" Street and Rutgers Avenue designated as Lots C, D, E and H of the final map of the subdivision (see Exhibit B); and WHEREAS, the improvements to be maintained are the landscape planting, perimeter walls irrigation and drainage facilities within the open space lots. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby initiate proceedings for the formation of Open Space District No. 24, Canyon View Homes and order the city Engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act for Open Space District No. 24. Presented by Ap~/oo~ed a! ~orm by~ John P. Lippitt, Director of /Bruce~M. !!ogaa!aa~1~ ~ Public Works City Attorney / t RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 24 AND SETTING THE TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the developer of Canyon View Homes (Map 12507) has petitioned the City for the formation of an open space maintenance district in accordance with criteria contained in the Municipal Code, and WHEREAS, pursuant to the provisions of Streets and Highways Code Section 22587, a public hearing is required to establish the proposed open space district, and WHEREAS, an engineer's report was submitted by the City Engineer and the Director of Parks and Recreation for the cost of maintaining the open space district; and that said estimated annual assessment to be charged for each parcel is $680.26, and WHEREAS, this report was prepared by the City Engineer or under his direction and was presented to Council for approval in order to proceed with the Public Hearing set for July 21 in accordance with the Landscaping and Lighting Act of 1972. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report for the FY 1992-93 spread of assessments for Canyon Views Open Space Maintenance District No. 24. BE IT FURTHER RESOLVED that the city Council does hereby set July 21, 1992 at 6:00 p.m. in the Council Chambers, city of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code. Presented by ADOrned as to~;rm by John P. Lippitt, Director of Bruce M. Boogaard, ~ty AttOrney Public Works C;\rs\os24 COUNCIL AGENDA STATEMENT Item 1 (o Meeting Date 6/23/92 ITEM TITLE: Resolution )~g Ratifying First Amendment to agreement with Basmaciyan-Darnell, Inc. (BDI) to prepare traffic signal plans for I-5 and Palomar Street and 1-805 and Otay Valley Road interchanges and Project Concept Report for 1-805 and Otay Valley Road interchange ~llprovements SUBMIT[ED BY: Director of Public Works~)~~ REVIEWED BY: City Manager~k.~)~4~L ~ (4/Sths Vote: Yes__ No__.) On October 2, 1990, City Council approved an agreement with BDI to prepare signal design plans for the I-5 and Palomar Street and 1-805 and Otay Valley Road interchanges. Additionally, BDI was to prepare a Project Concept Report for the 1-805 and Otay Valley Road interchange improvements. At the direction of CalTrans, City staff requested from BDI to prepare electrical lighting plans for the I-5 and Palomar Street interchange ramps. This additional work which was not anticipated in the initial scope of work is to be completed for a lump sum of $5,000. At the 1-805 and Otay Valley Road interchange improvements, CalTrans is requesting some ramp widening to be done in conjunction with the proposed traffic signals. This additional civil design work is to be performed by HCH as a subconsultant to BDI. The civil design work and other minor changes in the original scope of work are to be performed for a cost not to exceed $8,840. RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: 1. I-5 and Palomar Street Siqnalization: On July 17, 1990, City Council approved a cooperative agreement with the State Department of Transportation (CalTrans) to install traffic signals at the I-5 and Palomar Street interchange. In accordance with said agreement the City will share the project construction cost. Additionally, the City will prepare the electrical plans and the State will prepare the ramp improvement plans. Each of the electrical and ramp improvement plans were estimated to cost $20,000. On October 2, 1990, City engaged BDI to prepare the electrical plans for the project. In accordance with the City agreement, the consultant is to prepare only traffic signal plans. During the review process of the plan, CalTrans requested the ramp lighting plans from the City. In order to keep the project on schedule, City staff authorized BDI to proceed with the preparation of ramp lighting plans. The project is due to begin construction in July of 1992 and last 3 months. Page 2, Item )~ Meeting Date 6/16/92 It is recommended that BDI's agreement be amended to increase the scope of work to include preparation of lighting plans at a total cost not to exceed $5,000. This amendment will increase the consultant compensation from $10,924 to $15,924. The total compensation of $]5,924 is still below the engineer's estimate of $20,000 by 20.4%. 2. 1-805 and Ota¥ Valley Road Siqnalization: On October 2, 1990 as part of the City's agreement with BDI to prepare traffic signal plans for I-5 and Palomar Street, BDI was also engaged to prepare a project conceptual report and traffic signal plans for 1-805 and Otay Valley Road. A final draft Project Concept Report was submitted to CalTrans for approval on April 1, 1992. The report lists the following improvements that will have to be constructed with the installation of the traffic signals in order for CalTrans to approve the report and proceed with a cooperative agreement between the State and the City to share the construction cost. These additional improvements are as follow: a. The southbound off ramp must be widened to three lanes for a minimum of 300 feet. b. The northbound off ramp must be widened to three lanes for a minimum of 125 feet. c. At the southbound intersection the right hand lane (eastbound to southbound 805) must be lengthened to 350 feet. d. At the northbound intersection the right turn lane must be lengthened to a minimum of 650 feet. The City's consultant, BDI, was directed to redesign the project to incorporate the above requirements. Review of the modified project concept report by CalTrans was completed on April 15, 1992. CalTrans stated that the report is satisfactory and funding of the construction project would be by cooperative agreement whereby CalTrans would reimburse Chula Vista for 50% of the construction costs. The cooperative agreement is expected to go to Council in September of this year. In order to get a permit from the State to construct the signal, ramp widening plans will have to be~prepared by the City to the satisfaction of the State. The City consultant, BDI, received two bids to prepare the civil design. These bids are as follows: 1. Leedshill-Herkenhoff, Inc. $14,750 2. HCH - Partners $ 6,400 Page 3, Item i~ Meeting Date 6/16/92 It is recommended that the City amend BDI's contract to include the civil design work for an amount not to exceed $7,040 ($6,400 + 10%). Additionally, the City consultant, BDI, assisted City staff in the preparation of Traffic System Management grant application to help defray the cost of signalizing the subject interchange. This work is also outside the scope of the contract. It is also recommended that a compensation of $1,800 be granted for the additional work performed by BDI. Subject to CalTrans approval of the project report, we expect the signals to be operational by November 1992. FISCAL IMPACT: Funds are available in the following accounts: 600-600S-TF208 $5,000 600-600S-TF219 $8,840 The proposed amendment will increase compensation for the City consultant scope of work by $13,840 from $29,048 to $42,888. ZO/BR-037, BR-043 WPC 6011E RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING FIRST AMENDMENT TO AGREEMENT WITH BASMACIYAN-DARNELL, INC. (BDI) TO PREPARE TRAFFIC SIGNAL PLANS FOR I-5 AND PALOMAR STREET AND 1-805 AND OTAY VALLEY ROAD INTERCHANGES AND PROJECT CONCEPT REPORT FOR 1- 805 AND OTAY VALLEY ROAD INTERCHANGE IMPROVEMENTS WHEREAS, on October 2, 1990, the city Council approved an agreement with BDI to prepare signal design plans for the I-5 and Palomar Street and 1-805 and Otay Valley Road interchanges with the preparation of a Project Concept Report for the 1-805 and Otay alley Road interchange improvements; and WHEREAS, at the direction of CalTrans, City staff requested BDI to prepare electrical lighting plans for the I-5 and Palomar Street interchange ramps which additional work was not anticipated in the initial scope of work needs to be completed for a lump sum of $5,000; and WHEREAS, at the 1-805 and Otay Valley Road interchange improvements, CalTrans is requesting some ramp widening to be done in conjunction with the proposed traffic signal which civil design work and other minor changes in the original scope of work are tsbe performed for a cost not to exceed $8,840. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby ratify the First Amendment to Agreement with Basmaciyan-Darnell, Inc. (BDI) to prepare traffic signal plans for I-5 and Palomar Street and 1-805 and Otay Valley Road interchanges and Project Concept Report for 1-805 and Otay Valley Road interchange improvements, 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 First Amendment for and on behalf of the City of Chula ~sta. Presented by Appr~ as, tz /orm by'l John P. Lippitt, Director of Bruce M. B g ~' I Y Public Works Attorney ( I FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BASMACIYAN-DARNELL, INCORPORATED TO PREPARE TRAFFIC SIGNAL PLANS FOR INTERSTATE 5 AT PALOMAR STREET RAMPS AND INTERSTATE 805 AT OTAY VALLEY ROAD RAMPS THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this day of , 1992, by and between the CITY OF CHULAVISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and DARNELL & ASSOCIATES, INC., a California corporation hereinafter referred to as "Consultant", whose address is 964 Fifth Avenue, Suite 200, San Diego, california, 92101, for professional engineering services in connection with the City of Chula Vista (traffic signal construction at I-5 and Palomar Street and 1-805 and Otay Valley Road in the City of Chula Vista. RECITAL A. WHEREAS, on October 2, 1990, by Council Resolution 15884, an agreement to provide engineering design services was entered into between the City and the consultant's predecessor corporation BASMACIYAN-DARNELL, INCORPORATED (BDI) for the design of traffic signals at the Interstate 5 at Palomar Street ramps and Interstate 805 at Otay Valley Road ramps. B. WHEREAS, on May 29, 1992 Consultant's predecessor Corporation BDI was dissolved and consultant began its corporation existance as BDI's legal successor in interest; C. WHEREAS, certain unanticipated events have arisen during the course of performing the Original Agreement, outside the original Scope of Work contained in Original Agreement, and the term of said agreement has expired although all the required work has not been completed, both necessitating amendments to the Agreement. D. WHEREAS, section 2d of the Original Agreement authorizes additional services related to the General Duties and Scope of Work to be performed by the Consultant upon the written direction of City for compensation mutually agreed upon by the city and Consultant. E. WHEREAS, the City desires to proceed in a timely manner with the construction of this project and lacks sufficient resources to design the project in a timely manner. F. WHEREAS, the Consultant represents that it is qualified and has personnel and facilities available necessary to accomplish the work within the required time, and consultant desires to undertake same. WITNESSETH THAT, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Consultant agree that the Original Agreement is amended as follows: I. Section 1: Consultant's Duties, is amended to add at the end the following: "(iv) prepare lighting plans for the I-5 and Palomar Street interchange. (v) prepare a State grant application for the traffic signal construction cost at 1-805 and Otay Valley Road interchange. (vi) prepare Civil Engineering plans, construction cost estimates, and special provision specifications, and perform surveying for the widening of the 1-805 southbound off ramp at Otay Valley Road." II. Section 2b: Compensation. Add the following after the existing text: "In addition to the compensation provided in the section above (the original agreement) the compensation to be paid by the City to consultant for all additional work required for the traffic signals as specified in this First Amendment shall be a not to exceed fee of Thirteen Thousand Eight Hundred Forty Dollars ($13,840) based upon the attached fee schedule (Exhibit C) payable per task in monthly progress payments in an amount that the Public Works Director, or his designee, shall determine corresponds to the value provided to the City to the date of billing. Payments shall be based on the invoice and fee schedule per task set forth in Exhibit C." III. Section 4: Term is amended to read as follows: " This agreement shall terminate when the parties have complied with all executory provisions hereof." IV. Except as provided herein, all other items and conditions of the original agreement remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executive this First Amendment to Agreement on the day and year first-above written. CITY OF C~ VISTA BAS~CIY~-DARNELL, INC. TIM NADER BILL E. DARNELL, PRESIDENT ~YOR Attest: (City Clerk) Approved as to form by: BRUCE BOOG~RD, CITY ATTO~EY (ZAO3\BASMACAM.FRM) EXHIBIT "C" COMPENSATION FOR ADDITIONAL SERVICES IN FIRST AMENDMENT Basmaciyan-Darnell, Incorporated will complete the work outlined herein and invoice the City monthly on a percentage completion basis in accordance with the schedule of fees per task shown below. TASK DESCRIPTION O2~P~qSATION 1 Prepare lighting plans for $ 5,000.00 I-5 and Palomar Interchange 2 Prepare grant application for $ 1,800.00 1-805 and Otay Valley Rd Signals 3 Prepare plans, specifications and $ 7,040.00 cost estimates and perform surveying for 1-805 southbound off-ramp at Otay Valley Road TOTAL FEE $13, 840.00 ( ZAO3\SASMACAM. F~M) COUNCIL AGENDA STATEMENT Item~_~___ Meeting Date~~ ITEM TITLE: RESOLUTION I~ ~ ~ Approving an Amendment to the Existing Agreement Between FN Projects and the City of Chula Vista to provide Low and Moderate Income Housing SUBMITTED BY: Community Development Director C.~, REVIEWED BY: City Manager~/~ (4/5ths Vote: Yes__ No X ) BACKGROUND: On March 3, 1992, the Council approved an agreement with FN Projects to provide Low and Moderate Income Housing in the Salt Creek I subdivision. In order to insure continued affordability, the agreement provided that all low income units have 15 year deed restrictions which required the units to be resold to low income buyers At the time the agreement was approved, staff was directed by Council to work with FN Projects to structure the deed restrictions. When staff and representatives from FN Projects attempted to codify the deed restrictions, it was concluded by both staff and FN Projects that the deed restrictions would not allow the buyer enough equity to be able to move on to an unsubsidized unit. This problem is being experienced by other cities. As a result of the above described problem, staff and representatives of FN Projects worked together to formulate a Silent Second Mortgage Program. Staff and FN Projects is returning with an amendment to the existing Agreement which utilizes the Silent Second Mortgage Program and the documents necessary to implement the Silent Second Mortgage Program. RECOMMENDATION: That the City Council adopt the resolution amending the Agreement between FN Projects and the City of Chula Vista to provide low and moderate income housing in the Salt Creek I subdivision. DISCUSSION: As explained above, the deed restrictions which exist in the current agreement with FN Projects require that the home purchased by the original low income purchaser can only be transferred or sold to another low income buyer, and this restriction remains operative for fifteen years from the date of the initial sale. By controlling the subsequent purchaser of the home, the purchase price is also controlled since a low income buyer can only afford a home within a certain price range. By controlling the subsequent sales price, the initial low income buyer is not allowed to gain sufficient equity to move onto an unsubsidized unit. In order to make these homes affordable to the initial low income buyer, FN Projects is providing $301,878 subsidy which provides approximately $23,000 for each low income unit. In addition, the city will attempt to provide Mortgage Credit Certificates (MCC) to each low income buyer. Without these two subsidies, these units would not be affordable to the low income purchaser. When staff and representative from FN Projects analyzed the impact of the restricted sales price and the Mortgage Credit Certificate Recapture Tax, it was determined that the buyer did not recoup his initial down payment, receive any return on his investment, and receive any equity. In fact, once the original low income household pays all the costs associated with selling a home, the low income household loses money. (Exhibit A is an example of the calculations analyzed by staff and FN Projects.) As a result of the above described problem, the deed restrictions are a disincentive to the marketing of the low income units, and if the units cannot be sold, the units cannot provide homeownership opportunities for low income buyers. In order to correct the problems associated with the deed restrictions, staff, working with FN Projects, developed a Silent Second Mortgage Program which allows the low income home owner to receive sufficient gain and allows the City to sustain the buying power of the original subsidy provided by FN Projects. Using a silent second mortgage program does present several unique challenges. First, the original low income unit is lost upon sale, and more units must be produced from recapturing the original subsidy. Second, the program must respond to the typical 5 - 7 year turnover to be marketable and provide true move up opportunities for the home buyer. Third, windfall profits to be initial low income buyer must be prevented. Staff has designed the Silent Second Mortgage Program to address these problems. With the funds generated from the repayment of loans, an Eastern Territory Mortgage Subsidy Fund will be set up to provide additional first time home buyer opportunities in the future. For example, if a developer provides a land set-aside as a part of their Affordable Housing Policy obligation, a non-profit could use funds from the Eastern Territory Mortgage Subsidy Fund to provide assistance to new first time buyers. The Program is also designed to provide a disincentive for the initial home owner to sell within the initial five years. Within the initial five years, the Contingent Interest is dramatically higher than if the home owner sells after the fifth anniversary of the Close of Escrow. For example, if the home owner sells in year two, the principal plus Contingent Interest at a rate equal to seventy-five percent (75%) of the value of the increase in the Fair Market Value of the Property as of the date of the Transfer over the Original Purchase Price of the Property shall be paid. This disincentive works to prevent quick turnaround, but it does allow the initial home owner to sell if necessary. However, since the initial home owner is allowed to sell with a lower contingent interest rate after the fifth anniversary, the Program responds to the typical 5 - 7 year turnaround. If the initial homeowner sells after the fifth anniversary of the Close of Escrow, the Contingent Interest is based upon the amount of the total subsidy originally provided to the home owner. This method of calculating the contingent interest allows the subsidy to maintain its value so that future first time buyers can be assisted at the same level, and it also allows the initial home owner to have sufficient gain to move on to the next home. Exhibit B provides a hypothetical example of how these two principles can work together. In addition, this method prevents any windfall profit to the intial home owner. The silent second mortgage provided to the home buyer will be secured by a Deed of Trust and a Promissory Note. These documents specify how the silent second is to be repaid, state that an appraisal is required upon sale, and give the City the first right of refusal for all homes secured by a Deed of Trust. These documents are attached as Exhibits C and D. As mentioned earlier, the Silent Second Mortgage Program is only applicable to those units which are required by the existing Agreement with FN Projects to be occupied by low income households. Staff is not proposing to amend that portion of the existing Agreement which regulates the homes to be occupied by moderate income households. FISCAL IMPACT: FN Projects will pay an affordable housing subsidy of $301,878 into an escrow account to be used by the City to assist approximately 13 low income households to purchase units in the Salt Creek I subdivision. Once the initial "silent second" mortgages are repaid, the $301,878 contributed by FN Projects plus the contingent interest becomes a city controlled mortgage subsidy fund. Some staff costs are associated with administering the Agreement with FN Projects. However, FN Projects is also providing $1300 to assist with administration. (ADR,diskl,agbald.doc) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUI~ VISTA APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN FN PROJECTS &ND THE CITY OF CHULA VISTA TO PROVIDE LOW AND MODERATE INCOME HOUSING THE CITY COUNCIL OF THE CITY OF CHUI~ VISTA does hereby resolve as follows: WHEREAS, FN Projects, a California Corporation is the owner of certain real property consisting of approximately 130 acres located in Chula Vista and commonly known as "Salt Creek I"; and, WHEREAS, A tentative map for the subdivision of Salt Creek I has been approved subject to certain requirements and conditions, as contained in Resolution No. 15299, approved on September 12, 1989; and, WHEREAS, Condition No. 11 of the tentative map requires Applicant to "reach an agreement with the City to devote at least 10 percent of the project units to low and moderate income housing; and, WHEREAS, The City and Applicant entered into a Supplemental Subdivision Improvement Agreement known as document number CO91-081 dated May 14, 1991 which shifted the burden of Condition No. 11, as it applies to Chula Vista Tract 89-9, units 1, 2, and 3 to the remainder of Salt Creek I; and, WHEREAS, City and Applicant entered into a First Amendment to the Supplemental Subdivision Improvement Agreement regarding Condition No. 11 on December 17, 1991 which further shifted the burden on Condition No. 11 as it applies to Chula Vista Tract 89-9, Unit 4, to the remainder of Salt Creek I ("Condominium Housing Area") and set forth that the applicants obligation is to provide 2.5% of the total project units as Low Income Housing and 7.5% of the total project units as Moderate Income Housing Units. WHEREAS, The City and FN Projects, Inc. entered into an agreement to provide Low and Moderate Income Housing within Salt Creek I, known as document number CO92-026, a copy of which is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby approve an amendment to the agreement between the city and FN Projects, Inc. to provide Low and Moderate Income Housing, 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 to execute said amendment to the agreement on behalf of the City of Chula Vista. ~ Presented by: App d as o m by: Chris Salomone, /Br~i°!aar~ d~~ Community Development Director Agency GeneralCguns~l (ADR,diskl,resobald.wpd) RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: city of Chula Vista 276 Fourth Avenue Chula vista, CA 91910 Attn: Space Above for Recorder's Use FIRST AMENDMENT TO AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING This FIRST AMENDMENT TO AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING ("Amendment") is made as of _, 1992 for the purpose of reference only by and between THE CITY OF CHULA VISTA, california, a municipal corporation ("city") and FN PROJECTS, a California corporation ("Applicant"), with reference to the facts set forth below. RECITALS A. Applicant is the owner of certain real property consisting of approximately 130 acres, located in Chula Vista, California, as more particularly described on Exhibit "A" attached hereto and incorporated herein ("Salt Creek I"). B. On , 1992, city and Applicant entered into that certain Agreement to Provide Low and Moderate Income Housing ("Agreement") which provides for the obligations and rights of Applicant and City with respect to the allocation of low and moderate income housing units within a portion of Salt Creek I. The Agreement was recorded in the Official Records of San Diego County on , 1992 as Instrument No. 92- C. The parties desire to amend the Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the recitals set forth above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. 1. Definition of Moderate Income Purchaser. The first sentence of Section 1.4 of the Agreement is hereby modified to delete the term "20%" and, its place, to substitute the term "120%". 2. Deed Restrictions/Promissory Note. Section 4.3.1, 4.3.2 and 4.3.3 of the Agreement is hereby deleted in its entirety and, in its place, the following is substituted: 4.3.1 Purchase Money Loan to Low Income Purchasers. Without constituting a limitation, the city shall have the right to use the Per Unit Subsidies, and interest accumulated thereon, to loan funds to Low Income Purchasers to assist them in the purchase of a Low Income Housing Unit and to require each such Low Income Purchaser to execute a Deferred Payment, Equity Participation Promissory Note Secured by Deed of Trust substantially in the form attached hereto as Exhibit "C" and incorporated herein ("city's Promissory Note"), and, in order to secure performance by the Low Income Purchaser under City's Promissory Note, to requiring the recording of a Deed of Trust, Security Agreement and Assignment of Rents against the applicable Low Income Housing Unit in the form attached hereto as Exhibit "D" and incorporated herein ("City's Deed of Trust"). City's Deed of Trust shall be second in priority to a purchase money lender's deed of trust recorded against the Low Income Housing Unit. 4.3.2 Deed Restrictions for Low Income Housinq Units. As to Low Income Housing Units for which the City has not provided a subsidy or any other assistance, City shall have the right to to impress, prior to the initial sale of any such Low Income Housing Units, such covenants, conditions and restrictions against title ("Non-Subsidy Deed Restrictions") to implement and preserve the Low Income Housing Units, but at a minimum shall require (1) that the Low Income Housing Unit is occupied primarily by the owner of the Unit ("Owner-Occupancy Condition"); (2) that the Low Income Housing Unit is transferred only to subsequent purchasers who would qualify as Low Income Purchasers except under such conditions as may be deemed appropriate (such as death, divorce, or other hardship etc.) by the City's Director of Community Development ("Subsequent Purchaser Qualification Condition"); (3) that the gross sales proceeds on subsequent sales of the Low Income Housing Unit does not exceed the seller's investment in the unit plus an adjustment for cost of living increases ("Limitation on Gross Sales Proceeds Condition"); and (4) that the City shall have the right to be notified of a proposed subsequent sale, and to be offered the right to acquire the Low Income Housing Unit at the maximum permitted gross sales price ("Right to Purchase"), which Non-Subisdy Deed Restrictions shall remain operative for fifteen (15) years from the date of the initial sale of the unit by the Applicant ("Initial Sale"). Such Right of Purchase may be assigned by the City to a Low Income Purchaser who agrees to purchase such Low Income Housing Unit. The Deed Restrictions shall include a provision which states that, if the city or its assignee does not exercise its Right of Purchase, the Right to Purchase shall terminate. The Deed Restrictions shall be in a priority position to a purchase money lender's security interests; however, upon a good faith demonstration by the Applicant to City of need for subordination in order to secure financing, the City shall agree to subordinate the Deed Restrictions to the lien of a purchase money deed of trust provided the form of such subordination meets with the city's reasonable satisfaction, not unreasonably withheld, and provides City with the right to receive notice of, and the right to cure, any defaults and to be subrogated to the rights of the lender upon such cure, or contains such other terms as may be acceptable to the Director of Community Development. Notwithstanding the foregoing, the City agrees that it will, through the Director of Community Development, waive such requirements for subordination only to the extent necessary to conform to requirements of the Federal National Mortgage Association and any other federal guarantor or purchaser of such first mortgages. 4.3.3. City acknowledges that the Non-Subsidy Deed Restrictions is being imposed upon Applicant as a requirement of the City, and Applicant makes no warranty or representation regarding the enforceability of any such Non-Subsidy Deed Restrictions. city hereby waives, relinquishes and covenants not to sue Applicant, any homeowners association formed to govern the Condominium Housing Area ("Association"), or any other owners in the Condominium Housing Area other than the Low Income Housing Unit Purchaser as a result of a breach by a Low Income Housing Unit Purchaser of any Non-Subsidy Deed Restrictions affecting such Low Income Purchaser's Unit. City further agrees that it will not take any actions during Applicant's Initial Sale Marketing efforts, but not for a period of longer than 3 years from the first Initial Sale, to enforce the Non-Subsidy Deed Restrictions if such actions will adversely impact Applicant's ability to market the remaining units in Salt Creek I. City shall indemnify, defend and hold Applicant and its successors and assigns and any Association harmless from and against any claims, actions, damages, and liabilities (including, without limitation, attorneys' fees) arising from or attributable to the Non-Subsidy Deed Restrictions and any actions filed by the City to enforce such Non-Subsidy Deed Restrictions." 3. Attachment of Exhibits. The Agreement is hereby modified to add the following exhibits at the end of the Agreement: Exhibit "C" (City's Promissory Note) and Exhibit "D" (city's Deed of Trust). These exhibits are attached hereto as Exhibits "C" and "D", respectively. 4. Defined Terms. Capitalized terms not otherwise defined in this Amendment shall have the meanings attributed to them in the Agreement. 5. Effect on Agreement. Except as modified by the terms of this Amendment, the Agreement shall remain in full force and effect. 6. Counterparts. This Amendment may be executed in counterparts, all of which, when taken together, shall constitute a fully executed original. WHEREUPON THE PARTIES HERETO DO HEREBY INDICATE THEIR CONSENT TO THE TERMS OF THIS AMENDMENT BY SETTING THEIR SIGNATURE HEREINBELOW, AND BY DOING SO, REPRESENT THAT THEY WERE AUTHORIZED BY THEIR PRINCIPAL TO EXECUTE THE AGREEMENT ON BEHALF OF THEIR PRINCIPAL. CITY: Dated: THE CITY OF CHULA VISTA, a municipal corporation By: Tim Nader, Mayor APPLICANT: Dated: FN PROJECTS, a California corporation By: Its: By: Its: APPROVED as to form and content. Bruce M. Boogaard City Attorney Iq-I? DEFERRED PAYMENT, EQUITY PARTICIPATION PROMISSORY NOTE SECURED BY DEED OF TRUST [Insert Principal Amount of Note] Chula Vista~ California , 199_ FOR VALUE RECEIVED, the undersigned ("Borrower") promises to pay to the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California, ("Lender") or order, at 276 Fourth Avenue, Chula Vista, California 91910, or at such other place as Lender may from time-to-time designate, the principal sum of Dollars ($ .) ("Principal Payment") plus the Contingent Amount, in the manner and on the terms set forth below. 1. Definitions. The following terms shall, unless the context otherwise requires, have the definitions set forth below. 1.1 Close of Escrow. "Close of Escrow" means the date of recordation of the grant deed conveying the Property (as hereinafter defined) from Developer (as hereinafter defined) to Borrower. 1.2 Continqent Amount. "Contingent Amount" means the amount payable to Lender in addition to the Principal Payment which amount is determined, based on the year of Transfer and Fair Market Value at time of Transfer, as described in Sections 2 below. 1.3 Deed of Trust. "Deed of Trust" shall refer to the Deed of Trust, Security Agreement and Assignment of Rents which secures this Promissory Note. 1.4 Developer. "Developer" refers to FN Projects, a California corporation, and its successors and assigns. 1.5 Fair Market Value. "Fair Market Value" means the fair market value of the Property calculated pursuant to Section 2.2 of this Note. 1.6 Maturity Date. "Maturity Date" shall mean the date on which this Note is due and payable in full if not paid in full sooner as a result of a Transfer or prepayment, which date shall be on the thirtieth (30th) anniversary of the date of issue of this Note, to wit: 1.7 Oriqinal Purchase Price. "Original Purchase Price" means the original purchase price paid by Borrower to fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 1 Developer to acquire the Property, which is an amount equal to__ Dollars ($. ). 1.8 Permitted Transfer. "Permitted Transfer" means the transfer of all or any portion of the Property by Borrower to a spouse as a result of the death, divorce, or marriage of Borrower. 1.9 Principal Payment. "Principal Payment" refers to the principal amount set forth at the beginning of this Note. 1.10 Property. "Property" shall refer to the residential condominium unit secured by the Deed of Trust. 1.11 Sale. "Sale" refers to the sale of the Property to any person or entity for consideration. 1.12 Subsequent Purchase Price. "Subsequent Purchase Price" means the Purchase Price paid by a purchaser in consideration for the Sale of the Property by Borrower to a successor purchaser. 1.13 Total City Assistance Payment. "Total City Assistance Payment" shall be an amount equal to Dollars ($ )~. 1.14 Transfer. "Transfer" shall refer to any transfer of any interest in the Property, including but not limited to sale, gift, granting of a mortgage, trust deed, or other hypothetication, entering into an agreement of rental or lease of the property for a period, cummulatively, of 9 months or longer regardless of the whether it is for a fixed or periodic term, other than a Permitted Transfer. 2. Payment of Principal and Continaent Amount. 2.1 Payments of Principal and Contingent Amount Prior to Maturity Date. Upon the Transfer of the Property prior to the Maturity Date of this Note, the Principal Payment, together with the following Contingent Amount is due and payable to Lender: 2.1.1 If the Transfer of the Property occurs between month zero (0) and month twelve (12), inclusive, after the Close of Escrow, the Contingent Amount shall equal eighty percent (80%) of the increase in the Fair Market Value of the Property as ~/ This has no meaning to the Note but is left in at the request of the Staff so as to be able to advise the prospective purchaser of the total benefit he or she is receiving. fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 2 of the date of the Transfer over the Original Purchase Price of the Property; or 2.1.2 If the Transfer of the Property occurs between month thirteen (13) and month twenty-four (24), inclusive, after the Close of Escrow, the Contingent Amount shall equal seventy-five percent (75%) of the increase in the Fair Market Value of the Property as of the date of the Transfer over the Original Purchase Price of the Property; or 2.1.3 If the Transfer of the Property occurs between month twenty-five (25) and month thirty-six (36), inclusive, after the Close of Escrow, the Contingent Amount shall equal seventy percent (70%) of the increase in the Fair Market Value of the Property as of the date of the Transfer over the Original Purchase Price of the Property; or 2.1.4 If the Transfer of the Property occurs between month thirty-seven (37) and month sixty (60), inclusive, after the Close of Escrow, the Contingent Amount shall equal sixty- five percent (65%) of the increase in the Fair Market Value of the Property as of the date of the Transfer over the Original Purchase Price of the Property. 2.1.5 If the Transfer of the Property occurs after month sixty (60) after the Close of Escrow, the Contingent Amount shall equal % of the increase in the Fair Market Value of the Property as of the date of the Transfer over the Original Purchase Price of the Property.~! 2.2 Calculation of Fair Market Value; Riqht of First Refusal. Fair Market Value shall be calculated pursuant to the provisions'set forth below. 2.2.1 Determination of Fair Market Value in the Event of a Sale. In the case of a Sale of the Property, Fair Market Value shall be determined as set forth below. Prior to marketing the Property for Sale, Borrower shall submit to the Lender's Community Development Director ("Community Development ~/ This percentage is to be inserted by staff at the time of sale to a low income purchaser, and staff is to insert the lesser percentage of the following two: A. 35% of the Fair Market Value at time of Transfer; or B. Total City Assistance Payment divided by the price at which the first non-subsidized residential unit in the subdivision sold. fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 3 Director") of the City of Chula Vista, the proposed sales price for the Property ("Proposed Sales Price") and a real estate appraisal acceptable to the Community Development Director setting forth the value of the Property as determined by the appraiser ("Appraised Value"). Lender shall, within thirty (30) days after submittal of the Proposed Sales Price and appraisal, have the right to exercise its Right of First Refusal pursuant to Section 7 below. If Lender fails to exercise its Right of First Refusal, then Borrower shall be entitled to market the Property and for purposes of calculating the Contingent Amount, the Fair Market Value shall be an amount equal to the Sale Purchase Price, so long as the Sale Purchase Price is ninety-five percent (95%) or greater than the Appraised Value. If the Sale Purchase Price is less than ninety-five percent (95%) of the Appraised Value, the Fair Market Value shall be the Appraised Value. 2.2.2 Determination of the Fair Market Value in the Event of a Transfer other than a Sale, or in the Event of a Default, or In the Event of a Prepayment. In the event of a Transfer other than a Sale, or in the event of a default, the Fair Market Value shall be the Appraised Value determined by an appraiser reasonably acceptable to the community Development Director. Borrower shall have the obligation to obtain such appraisal and to submit such appraisal to the Community Development Director. Upon the Borrower's failure to do so, the Lender is authorized to determine value may any means they deem appropriate, and upon doing so, the Lender's determination of same shall be the Fair Market Value, and the cost of such determination shall be added to the principal due. 2.3 Appraisal Payment. The cost of the appraisal shall be paid by the Borrower in the event no Sale or Transfer of the Property occurs. Upon the Sale or Transfer of the Property, the cost of the appraisal shall be shared equally by Lender and Borrower, with the cost being deducted from any proceeds owed to Lender under this Note. 2.4 Payment Upon Maturity Date. In the event that the Transfer of the Property has not occurred as of the Maturity Date of this Note, the Principal Payment plus the Contingent Amount in an amount equal to thirty percent (30%) of the increase in the Fair Market Value of the Property over the Original Purchase Price of the Property shall be due and payable. 3. Form of Payment. Unless otherwise specified herein, all amounts payable under this Note are payable in lawful money of the United States. Checks will constitute payment when received. fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 4 4. Prepayment. Borrower may choose to prepay all or part of the Principal Payment or Contingent Amount at any time. The date of valuation for the purposes of determining Fair Market Value at the time of such prepayment shall be the date each prepayment is tendered. 5. Security; Due on Sale. This Note is secured by the Deed of Trust securing the Property and is made as a condition of the Supplemental Subdivision Improvement Agreement Regarding Condition No. 11 between the City of Chula Vista and FN Projects, a California corporation, as amended by Paragraph__ of the Deed of Trust provides as follows: · Acceleration Upon Sale of the Property and UPon a ChanGe in Ownership. In the event Trustor, or any successor-in- interest to Trustor in the Property, sells, conveys, alienates, assigns, transfers, encumbers or disposes of the Property, or any part thereof or any interest therein, or becomes divested of its title or any interest therein in any manner or way, absolutely or for security, voluntarily or involuntarily, or enters into an agreement to do so, without the prior written consent of Beneficiary, then Beneficiary may, at its election, declare the sums due under the Note and such other obligations secured by this Deed of Trust, irrespective of the provisions of the Note or in any written agreement pertaining to the Note and/or such other indebtedness and obligations, immediately due and payable without notice. 6. Second Deed of Trust. Lender acknowledges that the Deed of Trust securing this Note is a deed of trust which is second in priority to a deed of trust obtained by Borrower to finance the acquisition of the Property ("First Deed of Trust"). Borrower covenants and agrees that Borrower will not further encumber the Property by mortgage, trust deed or other lien. 7. Right of First Refusal. Borrower hereby grants to Lender a Right of First Refusal to purchase the Property on the terms and conditions set forth below. Borrower shall, prior to offering the Property for Sale, deliver written notice to Lender of the proposed Sale Purchase Price, together with an appraisal (collectively, "Listing Information"). Borrower shall deliver such Listing Information to Lender at least thirty (30) days prior to any proposed Sale of the Property by Borrower. Within thirty (30) days after receipt of the Listing Information, Lender shall have the right to elect to (a) purchase the Property at the Proposed Sale Price ("Purchase Election"), or (b) elect not to purchase the Property at the Proposed Sale Price ("Non-Purchase Election"). If Lender delivers notice of its Purchase Election, then Borrower shall be obligated to Transfer the Property to Lender at the fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 5 Proposed Sale Price and, in such case, Borrower shall be obligated to pay the Principal Payment and Contingent Amount as of the date of the Sale of the Property to Lender. Such Sale shall be documented on a standard California Association of Realtors form Deposit Receipt and the Sale shall occur within ninety (90) days after Lender delivers written notice of its Purchase Election. 8. Owner Occupancy. The Borrower shall be in default of this Note upon the sooner of the following: (a) at such time as he or she assumes residency elsewhere and rents the Property or (b) fails to occupy the Property as Borrower's principal residence for a period that continues for nine (9) months. In such case, the amounts described in Section 2.1 shall be immediately due and payable. For purposes of calculating Contingent Amount in the event of such a default, the payment shall be calculated as of the date Borrower first failed to occupy the Property as Borrower's principal residence and Fair Market Value shall be determined based upon the appraised value of the Property as determined by Lender, the cost of which shall be added to the Principal Payment. 9. Default. 9.1 In the event of a default in the payment of any amount due under this Note or any other default hereunder or under the Deed of Trust, Lender, at its election, may declare immediately due and payable the entire balance due under the Note, together with all costs of collection, including, but not limited to, reasonable attorneys' fees and costs and all expenses incurred in connection with the protection of, or realization on the security for this Note. 9.2 In the event of any default under this Note as defined in Paragraph 9.1, Lender agrees that the acceptance by Borrower of any performance which does not strictly comply with the terms of this Note shall not be deemed to be a waiver of Lender's -rights. 10. General Provisions. 10.1 Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers of this Note. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. 10.2 Severability. Every provision hereof is intended to be severable. If any provision of this Note is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions hereof, which shall remain fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 6 binding and enforceable. In addition thereto, if any provision hereof relating to the payment of the Contingent Amount is deemed invalid or otherwise not enforceable by the Lender, this Note shall bear and accrue interest at the rate of fourteen (14%).per annum continuously from and after the date hereof, compounded monthly, and the total of such interest so accrued, shall be paid in lieu of the Contingent Amount at the time the Principal Payment is due under and according to the terms of this Note. 10.3 Notices. Any notice the Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to Lender. Any notice to the Lender shall be given by mailing such notice by certified mail, return receipt requested, to the Lender 276 Fourth Avenue, Chula Vista, CA 91910, or at such other address as may have been designated by notice to Borrower. 10.4 Time is of Essence. It is agreed that time is of the essence as to every term, condition and provision of this Note. 10.5 No Modifications. This Note shall not be changed or modified orally, but in each instance, only by an instrument in writing signed by the party against which enforcement of such change, modification, or waiver is sought. 10.6 Attorneys' Fees. In the event any action shall be instituted between Borrower and Lender in connection with this Note, the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including attorneys' fees as fixed by the court therein. 10.7 Relationship of Lender and Borrower and Debtors Only. Nothing contained in this Note or in any other document shall be deemed or construed to create a tenancy-in-common, joint tenancy, joint venture or co-ownership by or between Lender and Borrower. BORROWER: Name: Name: Address: fnpllb.wp Model Promissory Note, Exhibit A June 26, 1992 Page 7 RECORDING REQUESTED BY: ) ) WHEN RECORDED MAIL TO: ) ) City of Chula Vista 1 276 Fourth Avenue 1 Chu~a Vista. California 92910 1 Attn: City Clerk 1 1 ) DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS THIS DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS ("Deed of Trust") is made this __ day of 199_, by and among , (the "Trustor"), whose address is , (the "Trustee"), whose address is and the Redevelopment Agency of the City of Chula Vista ("Beneficiary"), whose address is 276 Fourth Avenue, Chula Vista, CA 91910. TRUSTOR, in consideration of the indebtedness recited and the trust created in this Deed of Trust, irrevocably grants and conveys to the Trustee, in trust, with power of sale and right of entry and possession, the real property described on "A" attached hereto and made a part hereof, TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights and appurtenances all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said real property are hereinafter referred to as the "Property"; TO SECURE (a) the repayment of the indebtedness evidenced by that certain Promissory Note executed by Trustor in favor of Beneficiary of even date herewith and incorporated by reference in this Deed of Trust (the "Note"), in the principal sum of Dollars ($ ), plus Contingent Amount in the amount and on the terms described in the Note; the payment of all other sums, with interest thereon, advanced to protect the security of this Deed of Trust; and the performance of the covenants and agreements of the Trustor contained in this Deed of Trust, in the Note, and in all other agreements; and Trustor covenants that Trustor is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Trustor covenants that Trustor warrants and will defend 6/26/92 generally the title to the Property against all claims and demands, subject to encumbrances of record. A. To protect and maintain the security of the Deed of Trust, Trustor agrees as follows: 1. Payment of Principal and Interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. 2. Funds for Taxes and Insurance. Beneficiary will waive collection of impounds for taxes and assessments (including condominium and planned unit development assessments, if any). Trustor will make all payments for impounds to the holder of any first trust deed encumbering the Property. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under the Note and Section i hereof shall be applied by Beneficiary in partial payment of that portion of the principal and Contingent Amount related thereto described in the Note. 4. Prior Mortqaqes and Deeds of Trust; Charaes. Liens. Trustor shall perform all of Trustor's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Trustor's covenants to make payments when due. Trustor shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Occupancy. Trustor and his or her immediate family shall be the sole occupants of the Property. This restriction includes, but is not limited to, the prohibition on Trustor's renting or otherwise leasing the Property. 6. Charqes; Liens. Trustor shall pay when due all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust. Trustor shall promptly furnish to Beneficiary all notice of amounts due and paid under this paragraph. Trustor shall promptly discharge any lien which has priority over the Deed of Trust; provided, that Trustor shall not be required to discharge any such lien so long as Trustor shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Beneficiary, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall not allow the attachment of any subordinate lien or other encumbrance on the Property without prior written consent of the Beneficiary. 2 6/26/92 7. Preservation and Maintenance of PropertY. Condominium. Trustor will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. Since this Deed of Trust is on a unit in a condominium, Trustor shall perform all of Trustor's obligations under the declaration or covenants, conditions, and restrictions, creating or governing the condominium, the bylaws and regulations of the condominium and constituent documents. Trustor shall, on demand at any time, produce receipts evidencing payment or evidence of compliance with any of the documents referred to in this section. 8. Protection of Beneficiary's Security. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, including those contained in the Note, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then at the Beneficiary's option, upon notice Trustor, may make such appearances, disburse such sums, and take such action as is necessary to protect Beneficiary's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Beneficiary pursuant to this Section 8, with interest thereon, will become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, such amount will be payable upon notice from Beneficiary to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the rate of fifteen percent (15%) per annum, unless payment of interest at such rate would be contrary to applicable law, in which event, such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Section 8 shall require Beneficiary to incur any expenses or take any action hereunder. 9. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, provided that Beneficiary will give the Trustor notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary subject to the terms of any mortgage, deed of trust or other security agreement with a lien which'has priority. 3 6/26/92 In event of a total taking of the Property, and proceeds from such total taking are distributed to Trustor, then such proceeds shall be treated as if received from a Transfer of the Property. The proceeds shall be applied to the sums to be repaid in the amount and manner described in the Note. Any part of the proceeds remaining after these amount have been paid shall be paid to the Trustor. In the event of a partial taking of the Property, unless Trustor and Beneficiary otherwise agree in writing, any proceeds received by Trustor shall be treated as if received from a Transfer of that portion of the Property which is taken in the condemnation. The percentage value of the portion taken, as compared to the full value of the entire Property, shall be determined by dividing the condemnation proceeds by the fair market value of the entire Property just prior to the taking. This percentage value, once determined, shall be used in the following manner to allocate the condemnation proceeds: a. First, to amount of principal owing under the Note shall be allocated the value equal to the percentage value determined above multiplied by the original principal payment under the Note. b. Second, to the Contingent Amount described in Section 2 of the Note shall be allocated the value equal to the Fair Market Value of the Property just prior to the condemnation minus the purchase price (as this term is defined in the Note) multiplied by the percentage value determined above multiplied by the percentage value set in section I.A. of the Note (or the most recent calculation of this latter percentage value). c. Third, to the Trustor. Following the making of the above allocations of an award in partial condemnation, the principal amount owing under Section 2 of the Note and the purchase price of the Property, as this term in defined in the Note, shall both be reduced for all purposed by the percentage value determined above. The percentage value set out in Section 2 of the Note shall not be affected by any allocation of an award in partial condemnation.~ If the Property is abandoned by the Trustor, or if after notice by Beneficiary to Trustor that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within 30 days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds, at Beneficiary's option, either to restoration or repair of the Property or the sums secured by this Deed of Trust. ~/ This formula will be subject to subsequent review and approval by city. 4 6/26/92 Unless Beneficiary and Trustor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the payments referred to in Section 1 of this Deed of Trust. ll. Hazard Insurance. Trustor shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by. fire, hazards included within the term "extended coverage", and such other hazards as Beneficiary may require an in such amounts and for such periods as Beneficiary may require. The insurance carrier providing the insurance shall be chosen by Trustor subject to approval by Beneficiary; provided, that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Beneficiary and shall include a standard mortgage clause in favor of and in a form acceptable to Beneficiary. Beneficiary has the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Trustor shall give prompt notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Trustor. In the event of distribution of hazard insurance proceeds in lieu of replacement, restoration or repair following a loss to the Exclusive Use Area of Trustor or to the common areas and facilities of a condominium association, any such proceeds payable to Trustor are hereby assigned and shall be paid to Beneficiary, subject to any payments required to be paid to the holder of any first trust deed against the Property. In the event of total loss of the Property, the proceeds shall be treated as if received from a sale of the Property. The 'proceeds shall be applied to the sums to be repaid in the amount and manner described in Section 2 of the Note. Any part of the proceeds remaining after these amount have been paid shall be paid to the Trustor. In the event of a partial loss of the Property, unless Trustor and Beneficiary otherwise agree in writing, the proceeds shall be treated as if received from a sale of the portion of the Property which is lost and being compensated for by insurance. The percentage value of the portion lost, as compared to the full value of the entire Property, shall be determined by dividing the insurance proceeds by the fair market value of the entire Property just prior to the loss. The percentage value, once determined shall be used in the following manner to allocate the insurance proceeds: a. First, to amount of principal owing under Section 2 of the Note shall be allocated the value equal to the percentage 5 6/26/92 value determined above multiplied by the original principal in Section 2 of the Note. b. Second, to the Contingent Amount described in Section 2 of the Note shall be allocated the value equal to the fair market value of the entire Property just prior to the condemnation minus the purchase price (as this term is defined in the Note) multiplied by the percentage value determined above multiplied by the percentage value set in Section 2 of the Note (or the most recent calculation of this latter percentage value). c. Third, to the Trustor. Following the making of the above allocations of an insurance award in case of partial loss, the principal amount owing under Section 2 of the Note and the purchase price of the Property, as this term is defined in the Note, shall both be reduced for all purposes by the percentage value determined above. The percentage value set out in Section 2 of the Note shall not be affected by any partial allocation of insurance proceeds. If the Property is abandoned by the Trustor, or if after notice to Trustor that the insurer or third party causing the loss offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary within 30 days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds, at Beneficiary's option, either to restoration or repair of the Property or the sums secured by this Deed of Trust.~ 12. Beneficiarv's Prior Consent. Trustor shall not, except after notice to Beneficiary and with Beneficiary's prior written consent, consent to: (i) the abandonment or termination of any condominium association; (ii) any material amendment to the any Covenants, Conditions and Restrictions, Articles or Incorporation, By-laws of any condominium association, or any equivalent constituent document of a condominium association, including, but not limited to, any amendment which would change the percentage interests of the owners in the common areas and facilities of a condominium association. (iii) the transfer, release, encumbrance, partition or subdivision of all or any part of a association's right to grant easements for utilities and similar or related purposes. 13. Trustor Not Released: Forbearance bv Beneficiary Not a Waiver. Extension of the time for payment or modification of City to review and approve distribution formula. 6 6/26/92 amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and Trustor's successors in interest. Beneficiary shall not be required to commence proceeding against such successor refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy hereunder, of otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assiqns Bound: Joint and Several Liability: Co-siGners; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall insure to, the respective successors and assigns of Beneficiary and Trustor, subject to Section 19 hereof. All covenants and agreements of Trustor shall be joint and several. Any Trustor who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Trustor's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Beneficiary and other Trustor hereunder may agree to extend modify, forbear, or make any other accommodation with regard to the terms of this Deed of Trust or the Note, without the Trustor's consent and without releasing that Trustor or modifying this Deed of Trust as to that Trustor's interest in the Property. All captions and headings of the paragraphs of this Deed of trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, addressed to Trustor may designate by notice to Beneficiary as provided herein, and (b) any notice Beneficiary will be given by certified mail, return receipt requested, to Beneficiary address stated herein or to such other address as Beneficiary may designate by notice to Trustor as provided herein. Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Beneficiary when given in the manner designated herein. 17. Governinq Law, Severabilitv. The state and local laws applicable to this Deed of Trust shall be the laws of the Jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this 7 6/26/92 Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and attorneys' fees" include all sums to the extend not prohibited by applicable law or limited herein. 18. Trustor's CoDy. Trustor shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 19. Acceleration Upon Sale of the Property and Upon a Chanae in Ownership. In the event Trustor, or any successor-in-interest to Trustor in the Property, sells, conveys, alienates, assigns, transfers, encumbers or disposes of the Property, or any part thereof or any interest therein, or becomes divested of its title or any interest therein in any manner or way, absolutely or for security, voluntarily or involuntarily, or enters into an agreement to do so, without the prior written consent of Beneficiary, then Beneficiary may, at its election, declare the sums due under the Note and such other obligations secured by this Deed of Trust, irrespective of the provisions of the Note or in any written agreement pertaining to the Note and/or such other indebtedness and obligations, immediately due and payable without notice. Trustor and Beneficiary further covenant and agree as follows: 20. Acceleration, Remedies. Except as provided in paragraph 21 hereof, upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Beneficiary prior to acceleration shall give notice to Trustor as provided in Section 16 hereof specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Trustor, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Beneficiary, at Beneficlary'~ option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys' fees. 8 6/26/92 Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expresses or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of that statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust, as evidenced by the Note. As to the indebtedness evidenced by Section 2 of the Note, such sums secured by this Deed of Trust shall include the principal amount stated in Section 2 (or the most recent recalculation of this amount made as provided for in the Note) plus Contingent Amount in an amount equal to the percentage value, as stated in Section 2 (or the most recent recalculation of this value made as provided for in the Note), of the excess of the appraised fair market value of the Property just prior to the Trustee's sale over the purchase price; and (c) the excess, if any, to the person or persons legally entitled thereto. 21. Trustor's Riaht to Reinstate. Not withstanding Beneficiary's acceleration of the sums secured by this Deed of Trust due to Trustor's breach, Trustor shall have the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power sale contained in this Deed of Trust or at any time prior to entry of a judgement enforcing this Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then be due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor cures all breached of any other covenants or agreements of Trustor contained in the Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided in Section 19 hereof, including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such action as Beneficiary may reasonable require to assure that the lien of this Deed of Trust, Beneficiary's interest in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration has occurred. 22. Assiqnment of Rents: Appointment of Receiver: Beneficiary in Possession. As additional security hereunder, Trustor hereby assigns to Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration under Section 20 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Section 20 hereof or abandonment of the Property, Beneficiary, in person, by agent or by judicially 9 6/26/92 appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Beneficiary and the Receiver shall be liable to account only for those rents actually received. 23. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property and will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 24. Substitute Trustee. Beneficiary, at Beneficiary's option, may from time to time appoint a successor trustee to any Trustee appoint hereunder by an instrument executed and acknowledged by Beneficiary and recorded in the Off ice of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Beneficiary, Trustee and Trustor, the book and page where this Instrument is recorded and the name and address of the successor Trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 25. Request for Notices. Trustor requests that copies of the notice of sale be sent to Trustor's address which is the Property Address. Beneficiary requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Beneficiary's address, as set forth one page one of this Deed of Trust as provided by Section 2943 of the civil Code of California. 10 6/26/92 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Trustor and Beneficiary request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Beneficiary, at Beneficiary's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, TRUSTOR HAS EXECUTED THIS DEED OF TRUST. Trustor: Name: Name: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) #: \DHS %14 T S. D ! R \7053687. ~/P 1 1 6 / 2 6 / 9 2 CITY COUNCIL AGENDA STATEMENT ITEM TrI'LE'- Re~olufion ~pproving an Agreement with Four Square Video Productions, Inc. for Economic Development Promotional Video Production Services SUBMIT1ED BY: Community Development Director ~ BACKGROUND: On August 28, 1991 Council approved the Economic Development Commission's recommended Economic Development FY 91-92 Marketing Plan and related budget, which includes the production of an economic development promotional video at a cost of $28,000. The purpose of the video is to provide a brief (seven to ten minute) visual overview of local assets and incentives for business to locate in Chula Vista. It will be used in meetings with prospective businesses; mailed to targeted businesses; provided in response to business inquiries; and displayed at local, regional and national conferences and trade shows. RECOME~NDATION: That the City Council approve the resolution authorizing the contract with Four Square Productions, Inc. in the amount of $27,$24 and authorize the Mayor to execute the agreement. BOARDS/COlVlMI~SlONS RECOMlV~NDATION: The Economic Development Commission recommended approval of this project and $28,000 in funding therefor at the joint meeting with the Council on August 28, 1991 (see minutes, Attachment A). DISCUSSION: Economic Develooment Marketing Plan The City's FY 91-92 Economic Development Marketing Plan provides for the collection of comprehensive community and market-related data and the preparation of basic promotional materials needed for an aggressive and proactive economic development program. Following is a brief status report of the City's Economic Development Marketing Plan: Among the promotional materials completed to date are: o Promotional brochure (with maps, demographics and other market related data) Redevelopment Newsletter (describing project areas and development projects and programs) o Advertisements (an "image ad" and a business recruitment ad) and related phcements in trade journals. Meeting Date A professional exhibit booth has been ordered and displays (maps, photos, are being prepared. This exhibit will be used to promote the City at and special events. A study is currently being initiated. The study will identif} recruitment and based upon analysis of the City': t and trends and projections. Production of the video will ¢ Plan's materials. An RFP was nine (9) firms. Seven responses were and evaluated. A maximum $28 was specified in the RFP; responses from $22,290 to $28,000 (see Attachment B fordistribution list and proposals Two firms were identified as outstanding candidates were interviewed by a of Dave Gustafson, Assistant Communit, and Jeri Oulbranseo, Public t Coordinator, in conj~ with a technical review by Mr. Andy ledynak of KNSD TV. was by the San Diego Convention Center Public Relations office with on their video projects.) Firms were evaluated primarily based upon experience, and specifically experience productions; proposed technical, scripting and conceptual approach; and sample Four Square Productions, Inc. was selected the panel. The company's prOposal is included as Attachment 1 of the which is included here as Attachment C. Firm highlights include: 1. Nineteen years experience. 2. Full-service in-house pro~ and post producU'la~ capabilities (custom-designed facilities). , 3. Range of local, national a~l international clientele. 4. Proximity to Chula Vista/~s a National City-based company.X,x 5. State of the art equipmejtt, including digital D-2 video. 6. Knowledge of Chula V~/sta and local contacts. ~ . 7. In-house capability to/eproduce, package :d mall videos. It should be noted that the/City Attorney .has identified FourSquare Producti'l:~s as an FPPC filer. Generally, the fu~s services will mclud.e: 1) de_.vel.op~_g..~.e..fi~..'.~ .ov..e/~ ~eme and concept; 2) preparing th~script and graphics design; 3) ~t hig .h~.'.ghts. (in. clt~mg aerial shots) and person in!.erv/le, ws, as appropriate; and., 4) deliverin.g_ a top ~q. uali7, ~ p.re~e~.tation, all within specified tit/teframes and subject to City review. Key staff review benchmar~ and project timeframes are identified on page 2 of Exhibit A of the proposed contract. The proposal RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH FOUR SQUARE VIDEO PRODUCTIONS, INC. FOR ECONOMIC DEVELOPMENT PROMOTIONAL VIDEO PRODUCTION SERVICES THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: Wl~REAS, On August 28, 1991, Council approved the fiscal year 1991-92 Economic Development Marketing Plan and budget, including $28,000 for the production of an economic development promotional video; and, ~AS, a Request for Proposals (RFP) for development of said video was issued by the City and eight proposals were submitted; and, WHEREAS, Four Square Video Productions, Inc. was judged to be the superior firm as determined by a City staff panel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby resolve as follows: Section 1. That the City Council does hereby authorize the Mayor to execute the attached contract with Four Square Video Productions, Inc. in the amount of $27,824 for the production of an economic development promotional video. Section 2. The City Council does hereby authorize the use of funds in the amount of $27,824 from the fiscal yeaz 1991-92 economic development budget from account number 100-0261-5201. Presented by: Approv.el~ as to for. a by: ~'x Chris Salomone M. Boogaard / ] Community Development Director City Attorney k~J TI-IXS PAGE Agreement between City of Chula Vista and Four Square Video Productions, Inc. (Consultant) for Promotional Video Production Services This agreement (~Agreemenff), dated June 16, 1992 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ('ConsultantD, and is made with reference to the following facts: Recitals Whereas, on August 28, 1991 Council approved the Economic Development Plan and budget, including $28,000 for development and production of a promotional video; and, Whereas, an RFP for production of said video was issued and eight proposals were received; and, Whereas, Four Square Productions, Inc. was identified by a panel of City staff members to be the outstanding proposer. Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the se~wices required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Four Square Video Productions Agreement Revised: June 9, 1992 Page 1 18"7 OBLIGATORY PROVISIONS NOW, THEREFORE, BE IT RF_~OLVED that the City and Consultant do hereby muV,ally agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the serviees described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated docs not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fLXed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Four Square Video Productions Agreement Revised: June 9, 1992 Page 2 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the foUowing categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of *A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ('Cross-liability Coverage'). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior ~o the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. Four Square Video Production~ Agreement Revised: June 9, 1992 Page 3 (2)' Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage requked under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11 adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. Four Square Video Productions Agreement Revised: June 9, 1992 Page 4 5. Liquidated Damages The provisions of this section apply ifa Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for dday. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 (*Liquidated Damages Rate~). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an *FPPC filerm, Consultant is deemed to be a *Consultantm for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Four Squa~ Video Productions Agreemeat Revise~: June 9, 1992 Page 5 C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, whatsoever in any property which may be the subject matter of the Det'med Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ('Prohibited Interest'), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. Four Squ~re Video Productions Agreement Revised: June 9, 1992 Page 6 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulftll in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has r~sulted in expense to City greater than would have resulted if there wer~ no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. Four Square Video Productions Agreement Revised: June 9, 1992 Page 7 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Ac0, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall conform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all pu~0oses under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and fried with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. Four Square Video Productions Revised: June 9, 1992 Page 8 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and COSt in dollar amounts of all COntracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker Or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Four Square Video Productions Agreement Revised: June 9, 1992 Page 9 E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [End of page. Next page is signature page.] Exhibit List to Agreement: CA') Exhibit A. ( ) Exhibit B. Four Square Video Productions Agreement Revised: June 9, 1992 Page 10 Exhibit A to Agreement between City of Chula Vista and Four Square Video Productions, In¢, 1. Effective Date of Agreement: 6/16/92 2. City-Relat~ Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] 3. Place of Business for City: City of Chula Vista Community Development Depaxtment 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Four Square Video Productions, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Four Square Video Productions Exhibit A Revised: June 9, 1992 Page 1 6. Place of Business, Telephone and Fax Number of Consultant: Four Square Productions, Inc. 135 Civic Center Drive Voice Phone - 474-5566 Fax Phone - 477-6443 7. General Duties: To develop and produce a 7-10 minute promotional video on the City of Chula Vista. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Attachment 1 B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: With Notice to Proceed C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Script and production outline - One week from Notice to Proceed Deliverable No. 2: Draft script - One week from City staff approval of outline Deliverable No. 3: Final script and graphic design - One week from City staff apProval of draft script Deliverable No. 4: Photography and draft video ("rough cut*) - Two weeks from City staff approval of final script and graphics (Photography may be delayed due to inclement weather) Deliverable No. 5: Final presentation - One week from City staff review and fmal comment and changes to 'rough cut* video Four Square Video Productions Exhibit A Revised: luae 9, 1992 Page 2 D. Date for completion of all Consultant services: See "C" .above. Where any inconsistency in language occurs between this Agreement, including Exhibit A, and language in Attachment i, the language in this Agreement and ExhibitA takes precedence. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: a. Written promotional materials and conceptual maps b. Suggested shot locations and interviewees 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $27.824, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee o 20% paid upon Notice to Proceed ($5,564.80) o 20% paid upon approval of final script ($5,564.80) o 30% paid upon approval of rough cut ($8,347.20) o 30% paid upon approval of final edit ($8,347.20) The fees quoted in the proposal (Scope of Work, Attachment l) are in effect for the period of this agreement, i.e. until approval by City staff of the final video. Shooting delays Four Square Video Productions Exhibit A Revised: June 9, 1992 Page 3 due to factors beyond the City's control, including but not limited to weather interference, will not result in additional costs to the City. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $. including all Materials, and other ~reimbursables~ ("Maximum CompensationD. (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (~Authorization LimitW), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and Four Square Video Productions Exhibit A Revised: Sune 9, 1992 Page 4 approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Writer/Director ~~ N/A Cinematographer/Editor ~ N/A Producer Tom Men'itt N/A Coordinator Miriam Schi~ers ]~/A Composer ~ N/A See 'Contingencies', Attachment 1, Exhibit 2 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is mused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounta set forth below: (X) None, the compensation includes atl costs. ( ) Reports, not to exceed $ ( ) Copies, not to exceed $ ( ) Travel, ' not to exceed $ ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exc_e~__ $ ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: Four Squa~ Video Production~ Exhibit A l~vi~l: ltae 9, 1992 Page 5 13. Contra~t Administrators: City: Chris Salomone, Community D~velopment Director or Cheryl Dye, F~onomi¢ Development Manager Consultant: lohn DeBe~o, President 14. Liquidated Daraages Rate: N/A 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Piler ' (X) Category No. I. Investments and sources of income. (X) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in r~l property and sources of income subject to the regulatory, permit or licensing authority of the department. (X) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ~) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have conixacted with the designated employee's department to provide s~rvices, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. Four .Square Vicl~o Productions Exhibit A Revised: June 9, 1992 Page 6 ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman N/A Four Square Video Productions Exhibit A Revised: June 9, 1992 Page 7 1 OF WORK CITY COUNCIL AGENDA STATEMENT Item I~ Meeting Date 06-30-92 ITEM TITLE: RESOLUTION } ~'l¢~ Authorizing the execution of an Easement Acquisition Agreement with A. Vincent Davies, Margaret S. Davies and the Thomas W. Davies Estate for the purpose of acquiring right-of-way necessary for the Otay Valley Road Street Widening Project SUBMITTED BY: Community Development Director (~<) . REVIEWED BY: City Manager,.j~ ~ ~.:~li.~. (4/Sths Vote: Yes __ No X ) BACKGROUND: Assessment District No. 90-2 was approved for formation at the City Council meeting of June 23, 1992. The assessment district was formed in order to issue bonds and assess the affected property owners for the cost of implementing the Otay Valley Road Street Widening Project. In order to begin construction on the project, the City needs to acquire the right-of-way. RECOMMENDATION: Adopt the resolution and execute the Easement Acquisition Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Ryals and Associates was retained by the City to conduct property acquisition services for this project. On behalf of the City, Ryals and Associates has reached agreement with A. Vincent Davies, Margaret S. Davies and the Thomas W. Davies Estate to acquire the necessary easements for the sum of $34,964. The "just compensation" was based on an appraised value of $28,000, in January 1991, plus an additional negotiated amount ($6,964) which represents an administrative settlement to accommodate several points of contention in the appraisal. The easements to be acquired are a right-of-way easement of 3920 square feet or 0.09 acres, a slope easement of 4356 square feet or 0.10 acres, and a temporary construction easement of 4792 square feet or 0.11 acres. Rick Ryals from Ryals and Associates is present this evening to answer any specific questions with regard to the acquisition. Included in the agenda, is a copy of the Easement Acquisition Agreement and the accompanying exhibits A and B for review. The agreement includes a commitment by the City to relocate the existing water meters and provide an additional thirty-five foot wide driveway adjacent to their east property line. There is currently, one driveway to enter/egress the property on the east side Page 2, Item Meeting Date 06/30/92 of the gas station which will be retained. The water meter will be relocated by the Otay Water District at no cost to the City. The hookup to the new meter will cost $820 and is included in the Assessment District. FISCAL IMPACT: The property acquisition costs are to be paid from Assessment District 90-2. However, it should be indicated that the acquisition budget within the Assessment District is $1,319,000 and therefore, any acquisition costs above the budgeted amount will have to be made up from the contingency fund or some other funding source. Listed below is a table identifying the properties that need to be acquired, along with the amount of the City's offer and the proposed settlement amounts. The Baldwin and Takashima properties, located within Phase II of the project, are currently being appraised. PROPERTY OFFER SETTLEMENT BUDGET (Phase I & ID $1,319,000 Atomic Investments $ 98,200 Davies $ 28,000 $ 34,964 Borst $472,000 Fenton $ 85,700 Fenton/Nelson Sloan $ 52,100 Shinohara $157,000 $157,000' County Foreclosure $ 250 $ 250 Howard Lawrence $ 800 $ 800 McNeil Family Trust $ 3,000 $ 3,000 FranciscaGalvan $ 2,100 $ 2,100 Baldwin (Estimated)** Takashima** $ 36,000 Total $935,150 $198,114 $1,319,000 Balance $383,850 $1,120,886 * To be paid to Agency ** Under appraisal at this time The above table indicates that the Assessment District will have approximately $383,850 with which to acquire the Baldwin property and allow for settlements with Atomic Investments, Fred Borst, and Fenton/Nelson Sloan. C:\WP51 \HAYNF.3~REPORTS\DAVESACQ. 113 EASEMENT ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into the /~, day of M~___, 1992 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and A. VINCENT DAVIES, MARGARET S. DAVIES and the THOMAS W. DAVIES ESTATE, the owners of the real property interest conveyed hereby, hereinafter referred to as "GRANTOR". WITNESSETH THAT: WHEREAS, CITY has determined that public interest and necessity require the acquisition of easements over certain real property for the widening and improvement of Otay Valley Road, including easements over GRANTOR'S property for public street, public utilities, slopes and temporary construction purposes, as described in a Legal Description thereof designated as Exhibit "A" and more specifically shown on a map designated as Exhibit "B", both attached hereto and by reference made a part hereof; and, WHEREAS, GRANTOR is informed and acknowledges an awareness of CITY'S obligation to offer Just Compensation for the real property interests sought. Page 1 of 3 NOW THEREFORE, the parties hereto mutually covenant and agree as follows: Concurrently with the execution of this Agreement, GR~LNTOR shall execute and deliver to CITY a duly executed and notarized GRANT OF EASEMENT conveying the above referenced real property interest. FOR ORA~TOR'S conveyance of said easements to CITY, CITY shall pay GRANTOR the sum of THIRTY FOUR THOUSAND NINE HUNDRED SIXTY FOUR DOLLARS ($34,964.00), as Just Compensation. Additionally, CITY agrees to relocate GRANTOR'S existing water meters to a location that is practicable for the CITY and GRANTOR and provide GRANTOR with an additional thirty-five foot wide driveway adjacent to GRANTOR'S East property line. The above stated Just Compensation to be payable upon recordation of said Grant of Easement to CITY. GRANTOR hereby ack- nowledges that said Just Compensation represents full settlement between the parties and includes any and all compensation GRANTOR may be entitled to by reason of the acquisition of the real property interest described herein. CITY shall bear all the following costs incidental to said acquisition: Recording fees; escrow fees, if any; notarial fees; documentary transfer tax, if any; mortgage release fees, if any; and the costs of drawing any documents required to complete the acquisition. Page 2 of 3 Each party warrants that the person subscribing hereunder has the power and authority to bind said party and does so bind said party, his heirs, assigns, personal representatives, or their successors in interest. The singular shall include the plural and the masculine the feminine and vice-versa as used herein. Time is of the essence of this Agreement and each party shall promptly execute all documents necessary to effectuate the intent herein and shall perform in strict accordance with each of the herein above provisions. The parties hereto have set forth the whole of their agree- ment, and the performance hereto constitutes the entire consider- ation for rights granted by this Agreement. DATED on the day and year first above written. GRANTOR: . ~ A. Vincent Davies Executor of the Thomas Davies Estate Margaret 8. D&v±es CITY OF CHULA VISTA: BY: Page 3 of 3 EXIIIEIT "A" DAVIES TIIAT PORTION OF TIlE SOUTIIEAST QUARTER OF TIlE NORTIlEAST QUARTER OF SECTION 24, 'rOIYNSIIiP 18 SOUTII, RANGE 2 WEST, SAN BERNARDINO MERID1AN IN TIlE CITY OF CIIULA VISTA, COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT TIIEREOE, DESCRIBED AS FOLLOWS: PARCEL 1 (RIGBT-OF-WAY) BEGINNING AT A POINT IN TIlE EAST LINE OF SAlD SECTION 24~ DISTANT TIIEREON SOUTII B°26'17'' WEST 51.00 FEET FROM THE CENTERL1NE OF OTAY VALLEY ROAD AS SAiD CEN'rERLINE IS SBOWN ON A MAP OF PRINCESS MANOR, UNIT NO. 5, MAP 5729~ EECORDS OF SAID COUNTY; TBENCE HORTII 89°30'13" I~EST (EECORD NOIUI'I1 89030, WEST) ALONG TIlE EXISTING SOUTIIERLY RIGUT-OF-WAY LINE OF OTAY VALLEY ROAD 380.00 FEET TO Tile TRUE POINT OF BEGINNING; TUENCE CONTINUING ALONG SAID RIGIIT-OF-WAY LINE TIlE FBI, LOWING COURSESI TIIENCE NORTII 89'30'13" WEST 48.57 FEET; TIIENCL' SOUTII 8~27'06" IYEST 227.91 FEET; TIIENCE DEPARTING FROM SAID SOUTIIERL¥ RIGIIT-OF-WAY LINE, SOUTII 89~30'13" EAST 275.24 FEET MORE OR LESS TO A POINT IN THE WEST LINE OF TIIAT CERTAIN PARCEL AS DESCEllIEI) IN A LEASE TO PAClFIC TELEPIIONE AND TELEGRAPU COMPANY, A CALIFORNIA CORPORATION FROM SAN DIEGO TRUST AND SAVINGS RECORDED MARCII 21~ 1974 AS FILE/PAGE 74-071167 OF OFFICIAL RECORDSI TIIENCE ALONG SAID WEST LINE NORTll 0~2~'17'' EAST 24.00 FEET TO Tile TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.09 ACRES MORE OR LESS PARCEL 2 (SLOPE EASEMENT) AN EASEMENT FOR SI,OPE AND DRA1NAGE 1)URPOSES OVER TIIAT PORTION OF TIlE SOUTIIEAST QUARTER OF TIIE NORTIIEAST QUARTER OF SAID SECTION 24, TOWNSI]IP 1~ SOUTH) RANGE 2 WEST, SAN BERNARDINO MERIDIAN) IN TIlE CITY OF CUULA VISTA) COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SA1D EASEMENT BEING BOUNDED ON Tile NORTI[ BY TIlE SOUTIIERLY LINE OF PARCEl, 1 AS DESCRIBED ABOVE AND ON TBE SOUTtl BY TEE FOLLOlqING DESCRIBED LINE: BEGINNING AT A POINT lN TIIE EAST LINE OF SAID SECTION 24) DISTANT TNEREON SOUTII OO2B'17' WEST 51.00 FEET FROM TIlE CENTERLINE OF OTAY VALhEY ROAD AS SAiD CENTEELINE IS SEO~N ON A MAP OF PRINCESS MANOR, UNIT NO. 5) MAP 57.29, RECORDS OF SA1D COUNTYi TIIENCE NORTB 89°30'13'' WEST (RECOED NORTII 89°30' WEST RECORD PER MS 710) ALONG TUE EXISTING SOUTIIEELY RIGHT-OF-WAY LINE OF OTAY VALLEY ROAD 380.00 FEET; TIIENCE DEPARTING FROM SAID SOUTIIERLY RIGIIT-OF-WAY LINE SOUTII 0~26'17'' WEST 39.63 FEET TO TIlE TRUE POINT OF BEGINNING; TIIENCE SOUTII 8'I~57'35" WEST 49.7'I FEET; TIIENCE NORTII 89°37'51'' WEST 103.70 FEE'F; TIIENCE SOUTII B7041'46'' WEST 89.78 FEET; TBENCE NORTll 00°23'01" EAST 22.45 FEET TO A POINT ON TIlE SOUTIIERLY LINE OF PARCEL ! AS DESCRIBED ABOVE AND TIlE WESTERLY TERMINUS OF TIllS DESCRIPTION. SAID PARCEL CONTAINS O.10 ACRES MORE OR LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) A 'I'EMPOII. AItY EASEMENT FOR CONSTRUCTION PURPOSES 20,00 FEET WIDE LYING SOUTUERLY OF AND ADJACENT TO AND PARALLEL WITH TIlE SOUT{IERLY LINE OF PARCEL 2 DESCRIBED ABOVE. RINCESS MANOR Il. PROPOSED ~-~ 51'00~-.~'[- ~'$ 00'26'17" W - .......... ' - ~'~ Lii~ blkECi?N DISTANCE o AREA=O.IO AC. <;ONSiRUCIlON ~ --~ ~7'~5'~7 PR~OSED ~J' S Bg'30'13" E J ~655.24m DETAIL A. ~NCEN[ DA~ES, ET UX AND IlIO~AS W. DA~ES ~ N 0g'38'12" E 1014,32' ~ DENOTES PCL. 1 AREA 'to BE Assessor's Parcel No.: ACQUIRED, AREA -- O.09 ACRES 624-0G0-27 ' J Cl~ OF CI4ULA ~STA Right-of-Way Engineering Selvices, Inc. I RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF AN EASEMENT ACQUISITION AGREEMENT WITH A. VINCENT DAVIES, MARGARET S. DAVIES AND THE THOMAS W. DAVIES ESTATE FOR THE PURPOSE OF ACQUIRING RIGHT-OF-WAY FOR THE OTAY VALLEY ROAD STREET WIDENING PROJECT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: WHEREAS, the City of Chula Vista has approved the formation of Assessment District No. 90-2 in order to issue bonds and assess the affected property owners for the cost of implementing the Otay Valley Road Street Widening Project; WHEREAS, a portion of the Davies property, Assessor's Parcel Nos. 624-060-27 and 624-060-38, lies within the proposed right-of-way for the project and therefore easements need to be acquired; WHEREAS, the City of Chula Vista and the Davies' family agree that the "just compensation" for the easements to be acquired is $34,964. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the execution of the Easement Acquisition Agreement with A. Vincent Davies, Margaret S. Davies and the Thomas W. Davies Estate for the purposes of acquiring the easements to parcel numbers 624-060-27 and 624-060-38. Presented by: Approved as ~o foim by: ~. ruce m. Boogaard ~ Chris Salomone Community Development Director City Attorney C :\XVP51 \HAYNUe3\DOCUMENT\DAVESACQ.RES COUNCIL AGENDA STATEMENT Item Meeting Date 06/30/92 ITEM TITLE: Report authorizing the Parks and Recreation Department to enter into a Facility Use Permit with the 4-H Youth Development Program for the purpose of offering a licensed lat~ey child care program. [/ SUBMITYED BY: Director of Parks and Recreation/~/. ~ ~ (4/5tbs Vote: Yes No X ) REVIEWED BY: City Manager ~/i -- During the FY 1991-92 budget process, the Parks and Recreation Department proposed to discontinue certain After-school Recreation Programs and re-direct the funds to establish a subsidized child care latchkey program at the Lauderbach Community Center. However, during a budget review session on June 5, 1991, Council expressed a concern regarding City-operated child care. Council suggested that the City offer the use of recreation facilities, and contract the child care services to an outside agency (Attachment "A"). RECOMM~.NDATION: That Council authorize staff to enter into a Facility Use Permit with the 4-H Youth Development Program to provide afternoon latchkey services at Lauderbach Center. BOARDS/COMMISSIONS RECOMMENDATION: On April 21, 1992, the Child Care Commission unanimously voted to endorse and support the 4-H Youth Development Program (Attachment "B"). BACKGROUND: In 1990, the Chula Vista 2000 Child and Adult Care Subcommittee established a goal of encouraging cooperative approaches toward the development and implementation of child care services. The Child Care Commission and Chula Vista 21 have since included this goal in their anticipated needs for child care. In an effort to be responsive to Council direction and the recommendation of the aforementioned citizen groups and Commission, staff investigated the feasibility of establishing a contract child care service for low-income families. The following are brief descriptions of the two child care agencies that were contacted: 1. Project "Headstart" provides a comprehensive child development program including educational activities, health and social services, and opportunities for parental involvement. Their target population include preschool children who range in ages 3 through 5 years old and are from low income households. 2. The 4-H Youth Development Program is an informal educational youth program administered by the Division of Agriculture and Natural Resources of the University of California. The 4-H Program created the 4-H AM/PM clubs (child care) in 1987 to reach children who would otherwise be "latchkey kids." Their target population includes low income children who are in grades kindergarten through 6. The 4-H Program provides for a sliding scale fee based on [child] I Item 7.-~ Meeting Date 06/30/92 the participant family's income and number of children, from the same family, participating in the latchkey program. This sliding scale is based on the State Department of Education guidelines. DISCUSSION: The 4-H Youth Development Program was chosen as a potential agency to offer a "pilot" latchkey program because they offer a service to the elementary age children. The 4-H Development Program has requested to start the child care latchkey program July 1, 1992. Dialogue began with the 4-H Program staff in August 1991, and has developed to the pre-licensing stage for Lauderbach Center as a child care site. In addition, a Conditional Use Permit has been applied for and granted by the Planning Department. In an effort to gauge whether a need exists for affordable latchkey services within the service area of Lauderbach Center, the 4-H Program staff distributed interest surveys via Lauderbach Elementary School. The 4-H Program staff reported that 254 surveys were returned with 128 people requesting child care services (Attachment "C"). The proposed program at Lauderbach Center will provide child care for 25-30 elementary age children year-round. This program will only operate in the afternoon hours (2:00 p.m. - 6:30 p.m.), Monday through Friday, with a potential for expansion into the morning hours in the future. However, before any program expansion occurs, or the PM program proves to be successful after a year of operation, staff will negotiate a formalized agreement for City Council consideration. The proposed latchkey program will operate much like the Department's Elementary After-school Program; however, children will sign in and stay at the Center until a parent or guardian picks the child up. This program will be utilizing the craft room at Lauderbach Center, and periodically, the large multipurpose room; thus allowing the Department to conduct its special interest classes without interruption. It should be noted that the multipurpose room possesses a large room divider enabling simultaneous activities to occur without interruption. Staff will also be working with the senior program at Lauderbach to implement intergenerational activities with the senior citizens. Noted in Attachment "D" is a letter of support by the Oxford Senior Citizens Club for this program. All child care staff will be employed by the local 4-H Agency. The employees would be covered by state mandated programs such as State Disability Insurance, State Unemployment, FICA, and Workers' Compensation. In addition, Federal and State income taxes will also be withheld by the 4-H agency. Other employee benefits vary depending on the agency's benefit programs but can include vacation, sick leave, credits for taking additional coursework, reduced child care fees, and insurance (Accident Insurance Program ~ Attachment 'E"). All 4-H Programs enroll the youngsters in the 4-H insurance program at $2.50 per individual per year, which provides accident coverage for the youngsters while they participate in 4-H activities. The 4-H Youth Development Program utilizes the standard University liability coverage for use of facilities with schools and/or other agencies on whose grounds the 4-H Youth Program operates. A Certificate of Self-Insurance is insured for $1,000,000 per occurrence or $5 million general aggregate at these program sites (Attachment "F"). The City's Risk Manager has agreed to this coverage. Item Meeting Date 06/30t92 The 4-H Youth Development Program staffwill be talking with several of the Department's part-time personnel about working with the child care program under their direction. This staffing arrangement, if successful, will be of great benefit to the Department because staff will be able to work for the 4-H and the Department, and avoid exceeding the 999 hour limitation with the City. Full non-city funding for this program is available through various sources. For example, the 4-H Youth Development Program received a State grant of $10,000 to be used as seed money for the Lauderbach location. In addition, this organization has received a Federal grant of $125,000 for the proposed program. The funds will be utilized to pay for operational costs, to keep the expense of the program reasonable, and grant scholarships. In addition, the funds will allow for expanded curriculum programming at the Loma Verde Community Center during open recreation time and day camp. Examples of these programs include a Science Club and nutrition education. Attached is a packet that contains the Goals and Objectives of the 4-H AM/PM School Program (Attachment "G"), a detailed description of the program (Attachment "H'), sample daily schedules, lesson plans, calendars (Attachment 'T') and an overview of day care license requirements (Attachment 'J"). To comply with licensing requirements, suggested alterations to the building could include reversing meeting room doors so that they open into the hallway, emergency lighting, replacing the plastic mini- blinds with metal mini-blinds and placing locks on the restroom doors. Initially, the erection of a fence surrounding one of the two playgrounds was planned; however, the 4-H staff has requested a waiver, using cones and/or pennant streamers. Waivers will also be requested to mitigate suggested building modification. Funds of approximately $8,000 to accommodate the licensing requirements are presently being investigated by 4-H staff and Department staff. All funds needed to retrofit the suggested building modifications will be received through grant money or donations. Once the licensing requirements are completed and the program has started, no City funds will be needed. The agreement under which the 4-H Youth Development Program can occupy Lauderbach Center is recommended to be under the conditions of the Department's Facility Use Permit. Staff recognizes the need (due to funding sources) to allow the 4-H to provide services as soon as possible. Therefore, in order to get this program established in a timely fashion, staff wishes to allow the 4-H Youth Development Program to sign a Facility Use Agreement, along with a Certificate of Insurance naming the City as additional insured, to utilize the facility during the weekdays. Thus, the organization would be treated as a rental group, similar to other rental groups like the School District or other non-profit community organizations. Since this group is non-profit, and a benefit to the community, fees would be waived for the use of the building. The 4-H Youth Development Program is currently operated at the El Cajon School District, and the San Diego Parks and Recreation Department. Both of these agencies entered into a Facility Use Permit with the 4-H group. The Department will require additional conditions of the 4-H Youth Development Program, which will be incorporated in the Facility Use Agreement (Attachment "K'). Ichi~dI 3 Item ~2L3 Meeting Date 06/30/92 FISCAL IMPACT: The 4-H Youth Development Program will be providing a valuable community service; therefore, rental fees will be waived. However, should this program expand, the Department will re-evaluate this fee waiver. "A" - June 5, 1991 Council Minutes Attachments: "B" - Minutes of the April 21, 1992 Child Care Commission "C" - 4-H Youth Development Program Survey ~.~ "D" Intergenerational Activities with Senior Information ~c~,~ ~}~ "E" Accident Insurance Program "F" - Certificate of Self-Insurance "G" Goals and Objectives of the 4-H AM/PM School Program "H"- Detailed Description of the Program "I" Sample Daily Schedules, Lesson Plans, etc. "J" - Overview of Day Care License Requirements "K" Conditions of Facility Use Agreement Icbildl 4 COUNCIL AGENDA STATEMENT Item~]~ Meeting Date 6/30/92 ITEM TITLE: Consideration of the Final Supplemental Environmental Impact Report for the EastLake Sectional Planning Area (SPA) Amendment/Kaiser Permanente Chula Vista Medical Center, EIR-92-01 (SCH 92031049) Resolution I~'~D~ Certifying that the Final SEIR (92-01) has been prepared in accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista SUBMITTED BY: Director of Planning REVIEWED BY: City Manager _~c~ i~.t .~ti (4/Sths Vote: Yes__No X ) The Final Supplemental Environmental Impact Report (SEIR) now before you for certification is a supplement to the EastLake I SPA General Development Plan EIR (Chula Vista Number 81-03) and the EastLake I SPA Plan Final EIR (Chula Vista Number 84-1). The SEIR is an analysis of the potential environmental impacts associated with implementation of the proposed amendment to the EastLake I SPA Plan Amendment and the construction and operation of the proposed Kaiser Permanente Chula Vista Medical Center. RECOMMENDATION: That Council certify that the Final SEIR (92-01) has been prepared in accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. BOARDS/COMMISSIONS RECOMMENDATION: Resource Conservation Commission During the public review period (May 18, 1992) for the Draft SEIR, the Resource Conservation Commission (RCC) considered the document. They made no comments on the Draft SEIR and voted unanimously to recommend to the Planning Commission that the SEIR be certified. Planning Commission Consideration On June 3, 1992 the Planning Commission held a public hearing to receive comments on the EastEake I SPA Amendment/Kaiser Permanente Chula Vista Medical Center Draft Supplemental Environmental Impact Report (Draft SEIR). On June 24, 1992 the Planning Commission recommended certification of the Final Supplemental Environmental Impact Report. Page Z, Item ~ ]~ Meeting Date 6/30/92 DISCUSSION: This Supplemental Environmental Impact Report (SEIR) is a supplement to the EastLake I SPA General Development Plan EIR (Chula Vista Number 81-03) and the EastLake I SPA Plan Final EIR (Chula Vista Number 84-1). The SEIR is an analysis of the potential environmental impacts associated with implementation of the proposed amendment to the EastLake I SPA Plan and the construction and operation of the proposed Kaiser Permanente Chula Vista Medical Center. The EastLake I SPA Plan Amendment/Kaiser Permanente Chula Vista Medical Center proposes to modify the adopted land use mix on 71.8 acres in the southwest portion of the EastLake I SPA Plan area. Specifically, the project proposes to change the permitted uses on 30.6 acres of the SPA Plan area from commercial/residential mix to medical center; and change 2.0 acres of the SPA Plan area from office/retail to business center/employment use. Precise Plan Guidelines are being proposed to establish design parameters for the amendment area. In addition, the applicant is requesting a Conditional Use Permit/Precise Plan for the construction of the Kaiser Permanente Chula Vista Medical Center on the northern 30.6 acres of the proposed amendment area. The medical center is proposed to be implemented in three phases, and construction of the first two phases would occur over a five-year period, ending in 1997. Construction of the third and final phase of the proposal would occur once it is determined that there is sufficient demand for additional facilities within the medical center service area. At buildout, the medical center would contain 439 hospital beds (820,000 square feet of hospital) and 485,000 square feet of medical and administrative offices. DISCRETIONARY ACTIONS This SEIR will be reviewed and considered for the following discretionary actions: 1. An amendment to the EastLake I General Development Plan to accommodate the proposed land use changes. 2. An amendment to the EastLake I SPA Plan to: a) modify the uses shown in the Village Center, and b) to incorporate a Water Conservation Plan and Air Quality Improvement Plan for the project, as required by the Chula Vista Growth Management Program; 3. Adoption of the EastLake Activity Center Precise Plan Guidelines; 4. An amendment to the Planned Community District Regulations for the EastLake I SPA; Page 3, Item 2[]~ Meeting Date 6/30/92 5. Approval of the EastLake I Public Facilities Finance Plan Update; 6. Approval of a Conditional Use Permit/Precise Plan, lot-line adjustment, and Development Agreement for the proposed Kaiser Permanente Chula Vista Medical Center; and, 7. Reapportionmentdadjustment of Assessment District 85-2 and 88-1 to accommodate the reconfiguration of the subject parcels of land due to the proposed Kaiser Permanente Medical Center. CONTENTS OF THE FINAL ENVIRONMENTAL IMPACT REPORT: The Final SEIR contains responses to comments received during the public review period, including comments made at the Planning Commission Public Hearing of June 3, 1992 on the Draft SEIR. The Responses to Comment section is located in the front of the Final SEIR, pages R-1 through R-38. As a result of comments received, some minor revisions have been made which are noted in the Response to Comments section. Actual text changes to the SEIR have not been made. The changes are incorporated into the document through their inclusion in the Response to Comments. Notations throughout the margins of the text of the Final SEIR identify specific comments and responses that refer to a particular section. Addendum Prior to the Response to Comments is an Addendum which was prepared to address a minor change in the project description pertaining to "VC-3" and design modifications to the parking structure which were submitted by the applicant during the public review period. The minor change to the project description to include VC-3 does not change any of the conclusions of the SEIR. The analysis for this conclusion is discussed in the addendum. Also, as discussed in the addendum, the redesign of the parking structure, while it does reduce the level of impact, does not reduce the impact to below a level of significance per the California Environmental Quality Act (CEQA). RESPONSES TO COMMENTS/PRO,IECT DEVELOPMENT AGREEMENT A Development Agreement for the project will be considered by the City Council for this project. As a result of the proposed Development Agreement, and the subsequent comment letters submitted by EastLake Development Company, several refinements to the Traffic Impact Mitigations have been included in the Response to Comments. These refinements provide additional methods for identifying capacity and providing it prior to construction of Phase III of 9dA- Page 4, Item ~l/~ Meeting Date 6/30/92 the Medical Center. The refinements do not change any of the conclusions of the SEIR or relieve the applicant from having to provide adequate capacity prior to Phase III construction. NOTICE OF PREPARATION The Notice of Preparation (NOP) was distributed by the City in March, 1992. The NOP and associated responses are included in Appendix A of the Final SEIR. The following project issues were identified as potentially significant and are addressed in the Draft SEIR: Land Use/Community Character, Visual Quality, Traffic and Parking, Noise, Public Safety, Drainage, Geology, Air Quality, Socioeconomic Factors, and Public Facilities. PUBLIC AND AGENCY REVIEW The EastLake I SPA Amendment/Kaiser Permanente Chula Vista Medical Center Draft SEIR was circulated through the State Clearinghouse for a 30-day public review period starting on April 28, 1992 and ending on May 28, 1992. The City of Chula Vista public review period concluded on June 3, 1992 with the close of the Planning Commission public hearing to receive comments on the Draft SEIR from the public. At the Planning Commission Public Hearing of June 3, 1992 one (1) person, a Representative of Sunbow Development, commented on the Draft SEIR. Three (3) agencies, CalTrans, California Integrated Waste Management Board and Otay Water District submitted written comments on the Draft SEIR. The City Engineering Department submitted a comment letter. Three (3) private parties, The Baldwin Company, Rancho del Rey and EastLake Development Company (applicant), commented in writing on the Draft SEIR. SIGNIFICANT UNMITIGATED IMPACTS Since there are impacts which can not be mitigated below a level of significance, a Statement of Overriding Considerations has been included along with the Candidate CEQA Findings for the Council's consideration on the project. ANALYSIS The following is an analysis of the of the issues addressed in the SEIR. Recommended mitigation measures for significant impacts that can be mitigated can be found in the document. Page 5, Item ~ ~ Meeting Date 6/30/92 Land Use Impact Summary: Significant, Mitigable The proposed EastLake I SPA Plan Amendment represents a substantial increase in the amount of office use in the EastLake I Village Center. The proposed medical center represents a substantial intensification of the land use which was not envisioned in the adopted EastLake I General Development Plan or the EastLake I SPA Plan. Visual Impact Suminary: Significant, unmitigated Views from surrounding areas, designated scenic highways in the area and from within the Activity and Business Centers would not be significantly impacted. The proposed EastLake Activity Center Precise Plan Guidelines will set a high standard for architecture and landscape design within the project area. The view from SR 125 will be significantly impacted by the proposed parking structure which is 1200 feet long and varies in height from five to seven levels (four to six stories). The proposal includes architectural and landscape design elements which reduce the visual impact of the parking structure from the west; however, the bulk and scale of the parking structure is not fully mitigated by these measures. As discussed above, the applicant has revised the plans for the parking structure. The revisions include lowering portions of it and adding architectural and landscape design elements. While the revisions do reduce the level of impact, they do not reduce the impact to below a level of significance per the California Environmental Quality Act (CEQA). These design elements do reduce impacts to an acceptable level, as determined by staff and the Design Review Committee, and a proposed Statement of Overriding Considerations has been prepared to permit Council to approve the project. The SEIR includes mitigation measures to reduce the visual impact of the medical building to less than significant. Mitigation of the parking structure can only be achieved by a major redesign of the structure to address the bulk as well as height (see alternatives). Traffic Impact Sunnnary (SR 125): Cmnulatively Significant, unmitigated Impact Summary (Pre-125): Significant, mitigable SPA Amendment Development of the SPA Plan amendment area, as proposed, would generate a total of 16,700 ADT (300%) more than was originally forecast for the site in the adopted General Plan buildont condition. In the pre-125 condition, the development of the SPA Plan amendment area would Page 6, Item ~ ~ Meeting Date 6/30/92 generate 14,484 ADT more than was forecast for the site by the City's Transportation Phasing Plan (TPP). In the pre-SR 125 condition, development of all the project area, except Phase m or the medical center, can occur without significantly impacting the local and regional road system, provided roadway improvements contained in the City's Transportation Phasing Plan fI'PP) are implemented. In the pre-SR 125 condition, the development of the project would cause Bonita Road (Plaza Bonita Road to Willow Street), East H Street (Pasco Ranchero to Otay Lakes Road), EastLake Parkway (Future SR 125 to Otay Lakes Road), and Otay Lakes Road (Telegraph Canyon Road to EastLake Parkway) to exceed the planning guideline for roadway capacity. This does not constitute a significant impact since for the short term, intersections rather than roadway segments are considered to be more critical. In the buildout condition, intersection LOS was considered to be the key indicator of project impacts immediately adjacent to the site, while road segments were considered the key indicator of traffic impacts in areas farther away from the project site. Road capacity calculations were made with and without a half-diamond interchange at SR 125 and EastLake Parkway. When the proposed project is added to the adopted General Plan land use and regional land uses, future SR 125 (SR 54 to San Miguel Road), EastLake Parkway (Future SR 125 to Otay Lakes Road), Otay Lakes Road (Future SR 125 to EastLake Parkway), and Orange Avenue (Future SR 125 to EastLake Parkway) would exceed the City's planning capacity guideline. The impact on Otay Lakes Road between SR 125 and EastLake Parkway can be mitigated by the construction of ramps to and from the north at EastLake Parkway. Furthermore, mitigation measures for this and other impacted segments can be achieved by roadway widening. Mitigation of the capacity problem on SR 125 between SR 54 and San Miguel Road would require special freeway design features at the SR 125/SR 54 interchange such as transition lanes to accommodate the anticipated high traffic volumes. As no specific plans exist for SR 125, the impact of the project must be considered significant at this time even though the project traffic only makes up approximately 6% of the total traffic volume on this segment of SR 125. CalTrans has commented on the impact to SR 125. Responses to CalTrans comments can be found on pages R-26 through R-30 of the Responses to Comments Section of the Final SEIR. The proposed project, without a signalized access intersection on Otay Lakes Road, would have a significant impact on the intersection of Otay Lakes Road and EastLake Parkway, even with the proposed half-diamond interchange at EastLake Parkway. Without the project, this intersection would be expected to operate at an acceptable LOS. A signalized access for the Page 7, Item ~,~ ~ Meeting Date 6/30/92 project to Otay Lakes Road will be required in order to maintain an acceptable LOS at Otay Lakes Road and EastLake Parkway. Studies show that the optimum location for this signalized access is at Otay Lakes Road and the SR 125 northbound offramp. An access road would be extended from this point along the west side of the project site to Fenton Street. Kaiser Permanente Chula Vista Medical Center CUP The proposed medical center would not have a significant impact in the pre-SR 125 condition. Mitigation require that Phase III be delayed until after completion of SR 125 and TPP improvements are implemented. Proposed Development Agreement and Traffic Mitigation Refinements As discussed above, a Development Agreement is proposed for the project which includes refinements for the Traffic Impact mitigations. They call for studies of the "actual" traffic volumes from Phases I and II of the Medical Facility. Should these traffic studies show that the actual traffic volume created by the medical facility phases I and II is lower than the volume projected in this SEIR, and that capacity does exist in the TPP, than Phase III could be constructed prior to SR 125. The proposed Development Agreement is very specific regarding under what circumstances Phase III can proceed. The mitigations measures have been modified to reflect the refinements identified in the Development Agreement. The refinements do not change any of the conclusions of the SEIR or relieve the applicant from having to provide adequate capacity prior to Phase III construction. SR 125 As stated above, Phase III would cause the capacity of SR 125 between SR 54 and San Miguel Road to be exceeded in the buildout condition. All other roadways would be able to handle the medical center in the buildout condition. CalTrans has commented on the impact of the project on SR 125. Responses to their Comments are located on pages R-26 through R-30 of the Response to Comment section. Noise Impact Summary: Significant, Mitigable (Medical Center) Future traffic noise on SR 125 could adversely impact the hospital if appropriate architectural features are not included in the facility to assure that interior noise levels will meet the State standard of 45 dBA CNEL. Standard architectural design would normally be expected to attenuate exterior noise levels by up to 25 dBA. Thus, the hospital would be able to meet Page 8, Item 2dj~ Meeting Date 6/30/92 interior noise levels as long as exterior noise levels do not exceed 70 dBA. Noise level projections indicate that the exterior noise level at the face of the nearest portion of the hospital would not exceed 70 dBA CNEL. Future interior noise studies are recommended to assure that the interior noise standard of 45 dBA CNEL is achieved. Public Safety Impact Summary: Significant, mitigable (Soil Contaminants) SPA Amendment Undisturbed soil onsite may contain pesticide residue from prior agricultural use of the site and vicinity. If pesticide residue is present on the site it may result in short term health impacts for construction workers grading those portions of the site. Long term health impacts may be associated with the potential for future human exposure if these soils are not properly removed. Kaiser Permanente Chula Vista Medical Center CUP The proposed medical center complex will produce medical, biohazardous and radioactive wastes as well as using commercially-produced hazardous materials on the site. Inappropriate use, storage, or disposal of these wastes could pose a risk to persons on or near the medical center facilities or along disposal transportation routes. These activities are strictly regulated by a number of local and state laws. In addition, Kaiser Pcrmanente has developed extensive policies and procedures regarding the handling, disposal, storage, and transport of such materials to ensure public safety. Drainage Impact Summary: Significant, mitigable SPA Amendment It is anticipated that the medical center will have more impervious area than was anticipated for the residential development currently anticipated in the SPA. Therefore the proposed change in land use from commercial and residential to commercial and medical center facility could result in increased run off from the site. The increased runoff volumes would be adequately handled by the existing detention basin at the southwest corner of the site and the Telegraph Canyon Creek drainage facilities (existing and proposed) will be adequate to handle the flows from the site. Page 9, Item ~ ~ Meeting Date 6/30/92 Kaiser Permanente Chula Vista Medical Center CUP Grading associated with the proposed Kaiser Permanente Chula Vista Medical Center would result in localized but mitigable diversion of drainage easterly to EastLake Parkway which may exceed the capacity of storm drain facilities, resulting in intermittent localized flooding. Geolo~,v Impact Summary: Significant, mitigable Kaiser Permanente Chula Vista Medical Center CUP There are expansive soils on the site. Remedial measures will be required to mitigate the impact to less than significant to ensure that the foundations of the medical center are not adversely affected. Air Quality Impact Summary(Cumulative):Significant, umnitigated Impact Summary (Short-term): Significant, mitigable Grading of the SPA area will generate dust which will result in a short-term significant but mitigable impact to air quality. Grading and construction of the SPA Amendment area south of the medical center has the potential to significantly effect the air quality within the hospital and thereby effect the health of the patients. Specific mitigation measures are included to avoid any significant impact. San Diego County is in a non-attainment basin for air quality. Therefore, any incremental increase in emissions is a significant, cumulative, unmitigated impact. The impact is unmitigated because it is beyond the ability of the project or the City of Chula Vista to mitigate for the regional non-attainment basin. While this project alone cannot completely mitigate the air quality impact to below significance, the mitigation measures provided for both the SPA Amendment and Kaiser Permanente Medical Center would reduce the impact. Socioeconomic Impact Sununary (Housing): Significant, unmitigated Fiscal Factors Impact Summary (Socioeconomic): Not Significant Socioeconomic (Housing Issues~ SPA Amendment The proposed SPA Plan Amendment may have an adverse effect on the variety of housing in EastLake and surrounding communities. The elimination of 405 high density units will reduce areas where condominium and rental units in the Eastern communities could be developed for low and moderate income housing. The SPA Plan will impact the City's overall capacity to Page 10, Item ~,.I ~ Meeting Date 6/30/92 meet regional share goals for low and moderate income households. Many of the developments in the eastern territory can not satisfy their requirement for low and moderate income housing onsite. The elimination of high density residential zoning in the EastLake Village Center could diminish options for offsite alternatives in the eastern community. It is not feasible to require that as a part of this project additional area in the Eastern Territories be designated for high density development. Therefore the impact is significant and unmitigated. Kaiser Permanente Chula Vista Medical Center CUP The percentage of Kaiser Permanente employees earning low and moderate incomes would increase the demand for rental housing and affordable for-sale units. The existing housing base is probably not adequate to absorb the number of employees who will want to live in Chula Vista. Sufficient affordable housing opportunities may be provided in the future through projects such as the Otay Ranch and additional phases of EastLake. Fiscal Factors The development of EastLake I SPA Plan Amendment including the proposed Kaiser Permanente Chula Vista Medical Center is projected to have an overall positive fiscal impact on the City of Chula Vista. The addition of the medical center and 2 acres of employment land uses could have a positive effect on employment. The proposed EastLake I SPA Plan Amendment is expected to have a neutral effect on the City's capital expenditures and revenues. The EastLake I Public Facilities Financing Plan has been updated to cover any changes attributed to the amendment of the EastLake I SPA pertaining to the construction of public facilities. The Public Facilities Financing Plan Update would detail the methods to be used to finance the affected public facilities. Public Impact Summary (Water, Sewer, Fire): Significant, Mitigable Facilities Impact Summary (Police, Education, Park, Energy, Library): Not Significant Water EastLake I SPA Plan Amendment/Kaiser Permanente Chula Vista Medical Center CUP The proposed project represents an increase of approximately 104% over the projected demand of the adopted land use plan without conservation. The increase is primarily due to the inclusion of the medical center use. With water conservation, demand is estimated to be reduced from Page 11, Item ~ ~ Meeting Date 6/30/92 0.45 MGD to 0.38 MGD for a projected increase in water use for the SPA Amendment of 0.16 MGD or a 72 % increase. Sewer Services EastLake I SPA Plan Amendment/Kaiser Permanente Chula Vista Medical Center A number of improvements are planned to adequately serve the entire EastLake I development, including a 15-inch line in Otay Lakes Road. Based on the conclusions of the previous EIR, planned improvements would adequately accommodate the sewage generated by the adopted SPA. The proposed medical center will generate an estimated 297 EDU above the original approved project. The medical center would contribute the majority of the additional wastewater associated with the SPA Amendment. The provision of adequate sewage treatment facilities is a regional issue and is most appropriately evaluated at that level. The Telegraph Canyon Sewer Basin Improvement and Financing Plan is a study being prepared by the City of Chula Vista that will determine offsite improvements necessary to accommodate wastewater and to establish a fee payable by all new developments within the Telegraph Canyon Sewer Basin. The four phase program for implementation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan was based on projected sewage generation from approved land uses within the sewage basin. The project site including the medical center is included in Phase II of the program. The additional 297 EDU of wastewater generated by the proposed SPA Amendment may require the construction of additional improvements and may require other improvements to be developed sooner than currently anticipated. These are required mitigation measures. Educational Facilities The proposed SPA Plan Amendment would eliminate the residential land use within the Village Center portion of t,he EastLake I SPA. This would proportionally reduce the number of school age residents generated by the SPA. EastLake Development Company has entered into agreements with both the Chula Vista Elementary School District and the Sweetwater High School District to fund school facilities through the provision of a community facility district. The school districts have confirmed that the proposed project would not have a significant impact on educational facilities. Page 12, Item S//~ Meeting Date 6/30/92 Police Protection The proposed SPA Plan Amendment and Kaiser Permanente Chula Vista Medical Center would not effect the number of personnel or amount of facilities required in this area since department needs for development of the project site were reviewed and addressed with the previous EIR. Fire Protection EastLake I SPA Plan Amendment Response time to the project would be unacceptable without the addition of another fire station The City is currently developing plans for facilities to adequately respond to fire emergencies in the area. Kaiser Permanente Chula Vista Medical Center CUP The Fire Department has identified the need for additional plan check and fire inspection services primarily due to the proposed square footage of the medical center and associated medical offices. Enerey Supply and Conservation San Diego Gas & Electric currently serves the project area and has indicated that gas and electricity will be provided to the site. Parks and Recreation No impacts to parks and recreation are anticipated due to the fact that EastLake I would ultimately provide more community parkland than required by the City's threshold standards. Library Facilities The adopted EastLake I SPA Plan designates 19.6 acres for open space and public facility uses, such as a library. Library service should be in accordance with the City's guidelines No specific location within the EastLake SPA I Plan area or size of library has been specified at this time. It is assumed that a minimum of one acre within the Activity Center would be dedicated to library use and accessible parking. The proposed SPA Amendment would provide 11.9 acres of open space and public facility uses south of the Kaiser Permanente Medical Center site. The size of a future library would be addressed during the Precise Planning process. Page 13, Item ~]~ Meeting Date 6/30/92 Threshold Analysis The City's Threshold Standards address Fire/Emergency Services, Police, Traffic, Parks/Recreation, Drainage, Libraries, Air Quality, Fiscal, Schools, Sewer and Water. The SEIR does contain an analysis of the project's compliance with the Thresholds Standards. All of the Thresholds standards are addressed in other sections of the SEIR as discussed above. Alternatives CEQA requires description of a range of "reasonable alternatives to the project or to the location of the project, which could feasibly attain the basic objectives of the project", and to evaluate the comparative merits of the alternatives. The discussion of alternatives "shall focus on alternatives capable of eliminating any significant, adverse environmental effects or reducing them to a level of less than significant, even if these alternatives would impede to some degree the attainment of project objectives, or would be more costly." Project Alternatives No Project/No Development No changes to the existing land use would occur with this alternative. The existing uses will remain and no improvements will be done. Development According to the Existing SPA Plan This alternative would eliminate the impacts to land use, onsite drainage, air quality, sewer, visual quality associated with the medical center parking structure, the socioeconomic impact related to the loss of high density zoning where affordable housing could be located, and the traffic impacts related to SR 125. Other impacts associated with the proposed project would not be reduced with implementation of this alternative. This alternative would not allow for the construction of a medical center onsite. This alternative would make it more difficult for Kaiser Permanente to serve its existing and future membership in the southern portion of San Diego County. This alternative would not meet the objectives of the proposed project. Modified Medical Center Parking Structure Design This alternative calls for a substantial modification to reduce the bulk and scale of the proposed parking scale to avoid the significant impact on SR 125. Such a modification could involve undergrounding a portion of the structure to reduce the perceived height and relocation of Page 14, Item Meeting Date 6/30/92 portions of the parking structure to other areas within the medical center to reduce the overall bulk of the structure. Although the applicant has redesigned the parking structure to lower the height, no redesign to address the overall bulk issue has been prepared. Off$ite Alternatives Potential offsite alternative locations were selected based on a number of physical site criteria, as well as the potential meet the goals and objectives of the proposed project. The site criteria used by the applicant is outlined in the SEIR on page 6-10. The site evaluated in the SEIR were those found to be the most suitable according to the criteria. None of the offsite alternatives will meet objectives 2, 3 or 4 which call for the early development of the EastLake Activity Center and the provision of significant employment opportunities for the original EastLake I Activity Center. None of the offsite alternatives would provide for development of a regional medical facility in the EastLake Activity Center. #1 - Baldwin Property The Baldwin site is described on page 6-11 of the SEIR. The site is currently vacant and planned for residential use. This site is comparable to the proposed project but would have more potential impacts. Residential uses that abut to the north and west would have potential land use conflicts. SDG&E power lines cross the site and are incompatible with a hospital/medical center use. Drainage and biological impacts may be more significant given the fact that the existing natural drainage channel found onsite would have to be eliminated. The site is currently in the County and zoned for estate residential. Development of the medical center on this site would necessitate either completion of an annexation special study and annexation to Chula Vista or a rezone by the County. Either action would require substantially more processing time and would delay the schedule for the medical center. #2 - Otay Ranch Property "A" The Otay Ranch Property "A" site is described on page 6-16 of the SEIR. The site is currently used for agricultural use. Most of the public infrastructure which would serve this alternative is not in place at this time and is awaiting the completion of the master plans for the development of the 23,000 acre Otay Ranch. The site is zoned for Single Family, Village Center and Multi Family and is designated for Estate Development in the County's General Plan. Substantially more environmental constraints would he prevalent with this site, with additional impacts on biology, geology, public safety, drainage, and visual quality. Much of the area of this alternative would be considered non-buildable for a hospital/medical center. A General Plan Page 15, Item ~ ~ Meeting Date 6/30/92 Amendment would be necessary for this site which would substantially lengthen the processing time. The Otay Ranch is currently being master planned by the City of Chula Vista and the County of San Diego. Future land uses for this alternative site, as well as the rest of Otay Ranch, have not been finalized as yet. ~) - McMillin Property The McMillin Property site is described on page 6-20 of the SEIR. The site is currently undisturbed. The biological survey of the site for the Rancho del Rey SPA 3 development identified a coastal barrel cactus, disturbed and undisturbed Diegan coastal sage scrub habitat and non-native grassland/disturbed habitat along the southern border of the site. California gnatcatchers have been observed on this site as well as a vernal pool just north of the site. If located at this alternative the project would have potentially significant impacts similar to the proposed project as well as a few impacts that were not found at the proposed site. This alternative would result in significant impacts to biology, geology, drainage, visual quality, and possibly public safety. The site would be less compatible with the adjacent land uses, being surrounded on three sides by residential uses and the need for a substantially greater amount of cut and fill to accommodate the type of construction planned. #4 - Otay Ranch Property "B" The Otay Ranch Property "B" site is described on page 6-23 of the SEIR. The site is currently being used for agricultural purposes and has no dedicated access at this time. The site is within the Proposed Master Planned community of Otay Ranch and is planned to have access at EastLake Parkway and Orange Avenue. This alternative would not avoid or lessen significant impacts associated with the proposed project. Additional environmental impacts may occur with the development of this site. This site does not provide immediate public services. According to the Supplemental SPA Plan for EastLake I, a 10 acre public school and 25 acre park are planned in the vicinity of this site. Planning in this area is conceptual only and depending upon annexation and planning adjacent to Otay Ranch. Timely development of this site would not be possible. CONCLUSION The proposed EastLake SPA Amendment/Kaiser Permanente Chula Vista Medical Center will result in significant impacts not all of which can be mitigated to a level of less than significant. Onsite and offsite project alternatives were analyzed, and the "No Project" Alternative was the Page 16, Item '~/~ Meeting Date 6/30/92 only that would avoid all significant impacts. It is therefore environmentally superior to the proposed project. The project objectives can not be met with the "No Project" alternative, and, therefore it is not determined to be an acceptable project alternative within the framework of CEQA. FISCAL IMPACT: Not applicable. RESOLUTION NO. I~"~ ~1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THAT THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR) FOR THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT/ KAISER PERMANENTE CHULA VISTA MEDICAL CENTER HAS BEEN PREPARED IN COMPLIANCE WiTH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE CEQA GUIDELINES, AND THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA (EIR-92-01, SCHg92031049). THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the area of land which is the subject matter of this resolution is located to the north of Otay Lakes Road/Telegraph Canyon Road and to the east of the proposed future alignment of State Route 125 and is more completely described in Section 2.1 (page 2-1) of the Final Supplemental Environmental Impact Report ("FSE1R") (EIR-92-01, SCHg92031049), which is herein incorporated by reference as if fully set forth in full, and WHEREAS, the ~Project" consists of two elements which are described below: A. A modification to the EastLake I General Development Plan, amendment to the EastLake I Sectional Planning Area Plan (SPA), amendment to the EastLake I Planning Community District Regulations, EastLake I Activity Center Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan, and an update of the EastLake I Public Facilities Financing Plan. B. A Conditional Use Permit and Precise Plan to allow the location of the proposed Kaiser Permanente Medical Center and the consideration of a Development Agreement for the medical center facility. At full buildout, the approximately 31-acre medical complex would contain 439 hospital beds, 485,000 square feet of medical administrative offices, a 35,000 square foot central utility plant, three parking structures and surface parking. Sections 2.2 through 2.4 of the FSEIR (EIR-92-01) contain a more detailed description of the proposed projects and necessary discretionary actions; and, WHEREAS, the staff of the City of Chula Vista has determined that it will be necessary for the City to consider this Project by activities noted above and in Section 2.0 of the FSEIR; and, WHEREAS, based on preliminary review by staff, it was determined that the Project may have a potentially significant adverse impact on the environment; and, WHEREAS, staff has determined that the Project is not exempt, either statutorily or categorically, from compliance with the statutory duty as set forth in the California Environmental Quality Act to prepare and environmental impact report; and, WHEREAS, the Environmental Review Coordinator of the City of Chula Vista contracted with Lettieri-Mclntyre & Associates for the preparation of the environmental impact report and other environmental documentation for this Project; and, WHEREAS, after City staff performed independent review and analysis of the checkprint environmental impact report prepared by Lettieri-McIntyre & Associates, the Draft EIR was circulated for public and agency review; and, WHEREAS, on April 28, 1992 the City staff filed a Notice of Completion of the Draft Supplemental EIR with the Office of Planning and Research [Guideline Section 15085(a)], and delivered the required number of copies of the Draft Supplemental EIR to the State Clearinghouse and various public agencies. The State Clearinghouse established a State review period from April 28, 1992, until May 28, 1992; and, WHEREAS, on April 28, 1992 a Notice of Availability of the Draft Supplemental Environmental Impact Report was given in accordance with City policy. The City public review period of the Draft Supplemental EIR extended until June 3, 1992; and, WHEREAS, on June 3, 1992 the City Planning Commission, which is the designated commission of the City for this purpose, held a public hearing for the purpose of taking any public comments and/or testimony on the Draft Supplemental Environmental Impact Report and closed said public hearing; and, WHEREAS, Lettieri-Mclntyre & Associates prepared a Final Supplemental Environmental Impact Report which was then given independent review and analysis by the City prior to being submitted to the Planning Commission for certification; and, WHEREAS, the City has provided at least a 10-day review period before certification of the Final Supplemental EIR to any public agency which has made comments on the Draft Supplemental EIR to review the responses to their comments; and, WHEREAS, agency and public comments have been addressed in the Final Supplemental EIR for the Project; and, -2- Iff WHEREAS, the Final Supplemental Environmental Impact Report was prepared in accordance with the California Environmental Quality Act, the California Environmental Quality Act Guidelines, and the procedures of the City of Chula Vista, including the preparation of the document by an independent source and an independent review and analysis of the report by the City of Chula Vista prior to its circulation as a draft document; and, WHEREAS, there have been minor technical changes in the Final EIR and Addendum to the Final SEIR was prepared and is included with the Final EIR. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: 1. The Final Supplemental Environmental Impact Report The Final Supplemental Environmental Impact Report for the Project consists of: a. The Final Supplemental Environmental Impact Report, EIR-92-01, State Clearinghouse g92031049, dated June 1992, which contains the following: 1) The Draft SEIR with minor corrections noted below; 2) Comments on the Draft SEIR; 3) Responses to comments on the Draft SEIR; and, 4) An Addendum to the document noting minor technical corrections which are necessary; and b. Appendices A through J. 2. Certification The Final Supplemental Environmental Impact Report is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable CEQA guidelines and environmental review procedures of the City of Chula Vista. 3. FSEIR Reviewed and Considered The Final Supplemental Environmental Impact Report has been reviewed and considered by the City of Chula Vista City Council prior to consideration. -3- 4. Resolution Not to be Deemed Project Approval Nothing herein shall be deemed to construe approval of the Project as proposed or in any form. 5. The City Council of the City of Chula Vista does hereby find that the Final Supplemental Environmental Impact Report which was prepared by an independent consultant but has been independently reviewed and the conclusions stated therein reflect the independent judgment of the City of Chula Vista. RECORD OF PROCEEDINGS That the City Clerk shall certify the passage and adoption of this resolution; shall cause the same to be entered into the book of original resolutions of the City; shall make a minute of the passage and adoption thereof in the record of the proceedings of the City Council of the City of Chula Vista in the minutes of the meeting at which same is passed and adopted. Presented by ~tlo~ ~)i°rte~ tr torA; f pLe~rnin g ' tyceAtt °orngea d ' ' 0eir.res) -4- COUNCIL AGENDA STATENENT Item ~1 ~-~ Meeting Date 6/30/92 ITEM TITLE: Public Hearing: Consideration of EastLake I General Development Plan Amendment, EastLake I SPA Plan Amendment, EastLake I Activity Center Precise Plan Guidelines, EastLake Public Facilities Finance Plan, EastLake I Planned Community District Regulations Amendment, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Water Conservation Plan, Kaiser Medical Center Precise Plan, Kaiser Medical Center Conditional Uses Permit, and Kaiser Development Agreement; EastLake Development Company and Kaiser Permanente Resolution ]1o~0~...~ Approving the EastLake I General Development Plan, EastLake I SPA Plan Amendment, EastLake I Activity Center Precise Plan Guidelines, EastLake I Public Facilities Finance Plan, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Water Conservation Plan, Kaiser Medical Center Precise Plan, Kaiser Medical Center Conditional Use Permit, CEQA Findings, Mitigation Monitoring Program and Statement of Overriding Consideration for EastLake I/Kaiser Project Ordinance~ Adopting an amendment to the EastLake I Planned Community District Regulations and approving the Kaiser Development Agreement SU~I~ED BY: Director of Planning REVIEWED BY: City ,anagerjq b~ (4/Sths Vote: Yes__No x ) The applicants, EastLake Development Company and Kaiser Permanente, have submitted the above referenced plans and application for the Kaiser Medical Center Project, located north of Otay Lakes Road between EastLake Parkway and future SR-]25. The property is located within the EastLake I Village Center and was planned in 1985 as part of the first phase of the 3,000~ acre EastLake development. Copies of the draft Supplemental Environmental Impact Report g2-01 were previously forwarded to the Council. Included in this report are the DRC staff report, RCC recommendations, Planning Co~ission staff report, and the various plans and applications referenced in the Item Title. A Community Forum was held at EastLake Elementary School on May 26, 1992, to familiarize area property owners and residents with the Kaiser project. REC~ENDATION: That Council: 1. Adopt a resolution approving the General Development Plan amendment, SPA Plan amendment, Public Facilities Finance Plan, Water Conservation Plan, Air Quality Improvement Plan, EastLake Activity Center Precise Plan Guidelines, Conditional Use Permit, Precise Plan, CEQA Findings, Mitigation Monitoring Program and Statement of Overriding Considerations; Meeting Date 6/30/92 2. Adopt an ordinance approving the Planned Community District Regulations Amendment, and the Kaiser Development Agreement. BOARDS/COI~4ISSIONS RECOMMENDATION: On May 18, 1992, the Resource Conservation Commission reviewed the Supplemental EIR, Air Quality Improvement Plan and the Water Conservation Plan and recommended approval with the request that the City establish guidelines for the preparation of Air Quality Improvement Plans and Water Conservation Plans for future projects. On June 24, 1992, the Planning Commission recommended by a vote of 6-0 (Tuchscher absent) approval of the EastLake I/Kaiser project. The Planning Commission resolutions and meeting minutes are attached. Other recommendations by the Commission included: 1. Adding language to the Development Agreement to encourage Kaiser to work with local educational institutions to establish and promote health care job training and education programs. 2. Minor wording change to Mitigation Measure 4.3.4.5 to clarify the requirement for an access road from Otay Lakes Road north to Fenton Street extension at the time of issuance of a building permit for Phase III of the Kaiser Medical Center. On June 8, 1992, the Design Review Committee recommended approval of the Kaiser Medical Center Precise Plan by a vote of 4-0. DISCUSSION: 1.0 History The 1982 EastLake I General Development Plan (GDP) was originally adopted as the City's General Plan for the EastLake I project area. In 1985, the GDP was amended to reflect the preparation and approval of the EastLake I SPA Plan. The General Plan Update, adopted in July 198g, incorporated the previous Council approvals of EastLake I GDP and SPA Plan into the City's General Plan. The Salt Creek I project which was approved on September 12, 1989, constituted the last amendment to the EastLake I GDP and SPA Plan by changing a 130-acre area originally planned for industrial to residential. This area is currently under development. The currently adopted EastLake I SPA Plan designates 71.8 acres in the southwest portion of the plan area for Village Center development. The SPA Plan states that the Village Center will contain shopping, restaurants, offices, high density residential, lakes, open space and civic uses. The Village Center was to be divided into two areas. The area identified as VC-! on the adopted SPA Plan, located immediately to the north of Otay Lakes Road and west of EastLake Parkway, includes 59.8 acres, while VC-2, located Page 3, Item Meeting Oate to the north of Otay Lakes Road and east of EastLake Parkway, includes 12.0 acres. In order to accommodate the Kaiser Permanente Chula Vista Medical Center proposal, the applicants are proposing an amendment to the adopted EastLake I SPA Plan to modify the types of uses permitted in the Activity Center, or former Village Center, portion of the adopted SPA. Specifically, the area currently designated as Village Center (VC-I) would be divided to include 30.6 acres of MC-l, Medical Center use, 17.3 acres of VC-1, village center use, and 11.9 acres of open space/public facility. The approved 12.0-acre VC-2 area would be reduced to 10 acres and would include 6.0 acres of office/commercial VC-2 use and 4.0 acres of community purpose facility use, such as church use. The two acres of land, located at the southeast intersection of EastLake Parkway and Fenton Street, is proposed to be redesignated for employment use {E-lO) and would be moved from the Activity Center to the Business Center portion of the SPA Plan. In addition to these changes, the proposal would eliminate all residential use from the Activity Center. A breakdown of the currently approved and proposed uses and the corresponding acreage is provided in the following table and is shown on Exhibit 6. Table 1 EastLake I Activity Center Land Use Statistics Land Use Currently Approved Prooosed Retail/Commercial 22.2 ac 17.3 ac Office/Commercial 12.0 ac 6.0 ac Residential 18.0 ac (405 du's) 0.0 ac Open Space/Public Facility 19.6 ac 11.9 ac Medical Center N/A 30.6 ac. Employment N/A 2.0 ac. Community Purpose Facility District N/A 4.0 ac. Totals 71.8 ac 71.8 ac Villaqe Center Concept The EastLake Master Plan contains two Village Centers within the 3,200 acre community. These Village Centers were to be located within an "activity spine" in close proximity to a major transportation corridor. Along these transportation corridors would be the two Village Centers plus employment center, community park, school facilities and institutional uses. Each of the residential neighborhoods would have vehicular and pedestrian access to a Village Center. The Kaiser Medical Center is proposed to be located within the first Village Center between future SR-125, Otay Lakes Road and EastLake Parkway. Originally, this Village Center was planned as a place where local needs of the individual residential neighborhoods would Page 4, Meeting Oate 6/30/92 be met. The Village Center was located at the north end of the activity corridor near the hub of the transportation system, i.e., Otay Lakes Road and SR-125. This location is in close proximity to the Business Park and the individual residential neighborhoods (Hills, Shores and Greens). The mix of uses was to be a combination of apartments, senior citizen housing, retail, civic and visitor serving commercial with water features, library, transit center, trails and other amenities. Most of the uses were planned to be low scale and oriented toward serving EastLake residents and the surrounding area. The Kaiser Medical Center, with 6 to 9 story buildings and multi-level parking structures, represents a major change to the original concept of the Village Center plan. As the Kaiser project evolved, it became obvious that the Kaiser Medical Center would not work with the small scale Village Center concept without major revisions. As a result of this realization, the Village Center was re-designed to be compatible with the Kaiser project. The residential uses were removed and a mix of specialty shopping, entertainment, restaurant, auto center, offices, and other uses were selected as being more supportive of a regional medical office center. These uses have been arranged to work with the design and scale of the Kaiser Medical Center as well as being supportive of EastLake resident's needs. The new plan for the Village Center described above is not without certain tradeoffs. The design and functioning of the Village Center becomes more critical when the uses become more intensive. Accordingly, the requirement for precise plan approval of each use within the Village Center will be required. 2.0 EastLake II (EastLake I Expansion) General Development Plan Amendment (Exhibit 4) The proposed amendment to the EastLake General Development Plan consists of certain minor text amendments and a change to the General Development Plan map to change the designation of the Kaiser Medical Center site (30.6 acres) from Retail-Commercial to Public/Quasi-Public, and to change 2.0 acres at the southeast corner of Fenton and EastLake Parkway from Professional & Administrative to Research and Limited Manufacturing, to move the candidate church site from the west side of EastLake Parkway to the east side, and to redesignate the remainder of the Retail-Commercial south of the Kaiser Medical Center from High Residential Retail-Commercial to Retail Commercial. Page S, Itea ~.CL~ Meeting Date 6/30/92 All of the above changes to the General Development Plan are the result of the replanning of the Village Center. Essentially, the principal change starts with the prosed Kaiser Medical Center and continues through the remaining portions of the 71.8 acre Village Center to reflect uses that will be compatible with and complementary to the Medical Center. 3.0 EastLake I SPA Plan Amendment (Exhibit 5) The proposed amendment to the EastLake I SPA Plan consists of substantial additions to the text to describe the new design concept for the revised Village Center and changes to the SPA Plan map to reflect the Kaiser Medical Center. In addition to the Kaiser Medical Center, the remaining portions of the EastLake Village Center will include retail commercial, hotel, church and daycare, restaurants, office uses, public library and a transit center. The Final Supplemental Environmental Impact Report identifies an impact arising from the movement of 405 units of rental housing out of the Village Center. The units are being removed but discussions are underway with EastLake Development Company to relocate these units within the remaining EastLake ownership. Rental units are important in helping the City meet its affordable housing goals. 4.0 EastLake I Activity Center Precise Plan Guidelines (Exhibit 6) The EastLake Activity Center (71.8 acres) is comprised of three areas. The site north of Otay Lakes Road and south of Kaiser Medical Center is 29.2 acres. The Kaiser Medical Center is 30.6 acres. The site east of EastLake Parkway is 10 acres, plus a 2.0 acre employment park area. In 1985, the EastLake I SPA Plan was approved with provisions for the preparation of a precise plan for the Village Center (EastLake Activity Center described above) prior to any building construction. The idea in 1985 was that when the time came to begin constructing the Village Center, a precise plan would be prepared to guide the site planning and architectural design of the various land uses. The applicant began discussions on the Precise Plan with City staff in July 1991. The design evolved from early ideas about traditional "main street" design to the modified concept reflected in the present proposal. The "axial" concept finally settled on seemed to tie the site together functionally as well as providing pedestrian connections with the uses to the east and south. Page 6, Item ~\l~eQ.~ Meeting Oate 6/30/g2 The Conceptual Master plan included in the Guidelines illustrates the kinds of uses that could work well together and be compatible with the Kaiser Medical Center. The Conceptual Master Plan does not restrict the developer to specific uses. The uses are simply "typical" uses that would serve the EastLake community and work well with the overall Village Center concept. For example, the west site might contain a theater, medical center, offices, speciality retail, restaurants, auto center, and library. The east side might contain a health club, church, daycare center, offices and a hotel. The major theme is to create an urban village by having animation and interest in the buildings and the landscape features. The library could be a key civic element and has been located in a prominent location in close proximity to the water features which will be a dominant landscape element in the design of the site. The design channels the pedestrian toward intersections at Fenton/EastLake Parkway and Otay Lakes Road/EastLake Parkway which are safe crossing locations. A pedestrian bridge will be located across Otay Lakes Road, west of EastLake Parkway, to facilitate the pedestrian linkage from EastLake Greens to the Activity Center. The timing of construction of the pedestrian bridge will depend upon the traffic volume on Otay Lakes Road. This description of the "end state" of the Village Center development is represented by the Conceptual Master Plan contained within the EastLake I Activity Center Precise Plan Guidelines. The Conceptual Master Plan plan, coupled with the criteria contained in the Guidelines, is intended to guide future individual precise plan submittals within the area. As each precise plan is approved, the Conceptual Master Plan will be updated and, therefore, kept current at all times. As future precise plan proposals are presented, staff will determine whether there is substantial conformity of design, improvements, landscaping, and grading of the proposed use with the Conceptual Master Plan. If staff determines that the proposed use does not substantially conform to the Guidelines, then the proposed use would require an amendment by the City Council. The Conceptual Master Plan is divided into phases to show the minimum amount of area required to be precise planned with each phase. This is necessary to avoid discontinuity in the physical development of the site. Certain common amenities such as public improvements, landscaping, off-street parking, access, lighting and signage need to be included in each phase together with individual uses. Page 7, Iten al ~-~ Meeting Oate 6/30/92 5.0 Public Facilities Finance Plan Update (Exhibit 7) The original EastLake I Public Facilities Finance Plan was adopted by the City Council on February 19, 1985. The proposed EastLake I SPA Plan amendment requires an update to the adopted EastLake I Public Facilities Finance Plan. This update consists of two tasks: (1) an update of the plan to reflect changes since 1985, and {2) to identify additional public facilities needed by the Kaiser amendment, if any. The major change to the SPA Plan since 1985 consists of the Salt Creek I amendment which changed approximately 130 acres from Business Park to residential. The Salt Creek I project consists of 550 dwelling units and is under construction. The additional public facilities needed by the proposed amendment consist primarily of traffic related facilities. Other public facilities are adequate or will be provided by the applicant prior to the issuance of building permits or at appropriate future times in accordance with the phased construction of the EastLake Activity Center. 5.1 Traffic Facilities The traffic facilities required to meet the new demand created by the Kaiser Medical Center are based upon a trip generation rate of 26 ADT per ],000 square feet of floor area. A total of 49,440 ADT would be generated by the proposed SPA Plan amendment which includes the Medical Center plus the Village Center. Of this total, 34,710 ADT would be produced by the medical center. Phase I and II of the Medical Center would generate 20,670 ADT while Phase III would generate 14,040. In comparing the EastLake I SPA total trips to adopted plans, there are two critical comparisons. The first is comparing the total traffic generated by the entire EastLake I SPA Plan including the Medical Center (65,794) to the total traffic assumed in the General Plan (43,750). The second is comparing the total traffic generated by the EastLake I SPA with only Phase I and II of the Medical Center (51,174) to the total traffic assumed in the Transportation Phasing Plan (34,116). This latter comparison is the more important of the two. It indicates that the EastLake I SPA Plan with Phases I and II of the Medical Center would generate an estimated 17,638 more ADT's than was allocated to the site in the Transportation Phasing Plan. These extra trips can be accommodated by planned improvements to the street system prior to SR-125 construction together with offsetting reductions from EastLake's "Approved Projects" identified in the City's Transportation Phasing Plan or the trips generated by the Medical Center are less than anticipated in the traffic analysis. Page 8, I'tem Meeting Date 6/30/92 The traffic analysis shows that all intersections would continue to operate within the City's level of service standards with the additional traffic during the interim (pre-SR 125) condition, however, the buildout situation would not meet level of service standards without additional street facilities. The mitigation measures recommended by the traffic report will properly condition the development to meet the traffic threshold standards. 6.0 Air Oualitv Improvement Proqram (Exhibit 9) The City's Growth Management Ordinance requires that projects involving a SPA Plan amendment prepare an Air Quality Improvement Plan. This plan is intended to focus attention on those programs which can be implemented with the proposed project to reduce air pollutants. The air quality problem in San Diego is primarily ozone. Ozone levels are exceeding State and Federal standards. Ozone is the result of the chemical reaction of hydrocarbons and nitrogen oxide in the presence of bright sunlight. In 1988, San Diego County exceeded the Federal standard on 45 days (.]2 ppm) and the State standards on 160 days (.09 ppm). Accordingly, the Kaiser organization has prepared a transportation demand management program for this project. This program will concentrate efforts on reducing automobile emissions by encouraging employees to carpool, vanpool, use public transportation, bicycle or walk to work which will in turn reduce air pollutants. In addition, the Village Center site will incorporate a transit center facility, approved by the City Transit Coordinator, and ]20 spaces of shared parking for park and ride purposes will be provided (see Public Facilities Finance Plan). 7.0 Water Conservation Plan (Exhibit 10) The Growth Management Program also requires the preparation of a Water Conservation Plan for major projects. The plan prepared for the project proposes various on-site measures to conserve water usage such as ultra-low flow toilets and shower heads, faucet aerators, hot water pipe insulations and special hospital equipment. In addition, the plan proposes to implement outdoor/landscaping conservation measures which include efficient irrigation systems, moisture sensors, low water use landscaping, installation of reclaimed water lines and water conserving practices during grading and construction. Off-site measures require the applicant to comply with any future water offset policy adopted by the San Diego County Water Authority, local water districts or the City of Chula Vista. Page g, Item ~\~e~ Meeting Oate 6/30/92 The net result of the proposed amendment with respect to water usage is an increase of .16 MGD with the proposed water conservation measures. These measures will be incorporated into the CUP conditions of approval as well as the Mitigation Monitoring Program. 8.0 Conditional Use Permit {Exhibit 11) The proposed medical office center involves the northerly 30.6 acres of the EastLake I Village Center. At full buildout, the Medical Center will contain 439 hospital beds (785,000 square feet of floor area), 485,000 square feet of medical and administrative offices, a 35,000 square foot central plant, three parking structures to accommodate 4,271 cars, and surface parking for an additional 148 cars. 8.1 Adjacent Zoninq and Land Use North - PC - EastLake I Employment Park - Business Park South - PC - EastLake I Village Center - Vacant East - PC - EastLake I Employment Park - Business Park West - PC - SR 125 and SDG&E easement - vacant/utilities 8.2 Existinq Site Characteristics The 30.6 acre site is relatively flat and currently vacant. The site has been rough graded and all abutting streets and utilities are installed. The community trail connecting EastLake Hills and Shores to the Village Center is located along the west side of EastLake Parkway. EastLake Parkway is a 4-lane road with a landscaped median which provides access to the Village Center. 8.3 Proposed Use The medical center would be constructed in three phases. Phase I would be devoted to the construction of a medical office building, parking structure, and central plant. Construction is proposed to begin in 1993, with completion of the first phase by lg95. Phase 2 would begin approximately one year after the start of Phase I and is expected to be completed by 1997. Phase 2 would consist of the first of two hospital wings and a parking structure. The third phase of the project would only be constructed when membership growth is sufficient to warrant the provision of the second hospital wing expansion of the medical office building and parking structure. The medical office building (Phase I) is six stories with a penthouse and the hospital towers (Phases II & III) are seven stories with a penthouse. The expanded medical office building (Phase III) would be nine levels. Page 10, Item o~1 Meeting Date 6/30/92 The parking structure would be constructed in three phases along the western project boundary and would range in height from five levels at the southerly end to seven levels at the northerly end. Loading and unloading is located between the hospital and the parking structure. The loading areas are screened from the north and south ends, while permitting through access only to fire protection/emergency vehicles. Vehicular circulation is controlled by an on-site loop road connecting EastLake Parkway to Fenton Street (extended). Vehicle entrance to the site is assigned primarily to one or more user groups as follows: Northeast entrance Service, maintenance, employee, staff doctors, and ambulance. Southeast entrance - General public, drop-off patient, walk-in emergency Southwest entrance - Patient and visitor Located between the medical office buildings and the hospital is a public courtyard at multiple levels. Stairways, landscaping, water features, and outdoor dining are intended to make the courtyard the main public meeting place within the complex. The diagnostic and treatment portion of the hospital is 3 stories tall and is located along the north side of the courtyard. 8.4 Reason for Location of Kaiser Medical Center at EastLake Kaiser Permanente has projected a need for a new medical office center to serve their South Bay membership. The timeframe for planning and constructing a facility of this type is typically seven years. The current membership in the South Bay is approximately 100,000, which is enough members to support the proposed facility today. Kaiser has evaluated its needs and found that its existing main hospital facility (the Zion facility) has a service capacity of approximately 300,000-350,000 members with a current demand of 393,000 which will grow to 500,000 by 1998. The Chula Vista facility will reduce the overcrowding at the Zion facility and provide more convenient medical service to Chula Vista residents and employers. Kaiser has evaluated over 40 sites in the South Bay over the past 10-15 years. These investigations were narrowed down to five sites all of which are within or near the City of Chula Vista. These sites included locations on Baldwin's property north of Telegraph Page ll, Itea o~L~ ~ Meeting Oate 6/30/g2 Canyon Road, south of Telegraph Canyon Road, Rancho Del Rey, an EastLake IV site near future Orange Avenue, and the EastLake I site. Each of the five sites was evaluated for medical center suitability and expected time required to process the necessary permits. Three of the sites were in the unincorporated area and not planned or zoned for urban development. The remaining two sites were in the City of Chula Vista and planned for urban development. The Rancho Del Rey SPA III site which is north of Telegraph Canyon Road was designated for a school and park site and surrounded on three sites by residential development. The EastLake I site was designated for commercial/office development and was selected as the preferred site in accordance with Kaiser's site selection criteria. 8.5 Circulation The main entrances to the medical center would be from the extension of Fenton Street and opposite Miller Drive from EastLake Parkway. Regional access to the property would eventually be provided by SR-125 as well as Otay Lakes Road. A full interchange is proposed at Otay Lakes Road. In addition, a half-diamond interchange at EastLake Parkway/SR-125 would facilitate access and relieve congestion at SR-]25 and Otay Lakes Road. This half-diamond interchange is not currently planned as part of SR-125 and must receive approval from CalTrans before it could be constructed. All intersections would operate at acceptable levels of service with the project (exclusive of Phase III) with planned TPP improvements during the pre-125 condition. The pre-125 mitigation measures include widening Telegraph Canyon Road to 6 lanes plus widening East "H" Street to 8 lanes from 1-805 to Hidden Vista Drive. Also, an access road from Otay Lakes Road up to Fenton Street (extended), will be constructed. EastLake Parkway will be widened to six lanes between Otay Lakes Road and Fenton Street. Otay Lakes Road will be widened to 8 lanes between SR-125 and EastLake Parkway. 8.6 Land Use/Comoatibility The primary goal of the proposed project is to construct a new Kaiser Permanente Medical Office Center on the 30.6 acre site to serve Chula Vista and other South Bay Kaiser members who are currently going to the Zion facility in San Diego to receive medical care. The Kaiser facility is clearly a regional medical office/hospital center. It is located within the Activity Corridor which will be served by the future SR-]25 transportation corridor. This Activity Center is part of the larger EastLake master plan concept which includes a number of more intensive land uses such as commercial, high school, churches, community park, higher density residential, Page 12, Item ~\~e~ Meeting Oate 6/30/92 etc. located between SR-125 corridor and EastLake Parkway. This location for a regional medical office/hospital center is compatible with the overall EastLake master plan. 9.0 Precise Plan - Kaiser Medical Center (Exhibit 12) The initial design of the Kaiser Precise Plan was reviewed by the Design Review Committee on April 27. The expressed concerns about the project architecture and site design focused on: Length and massing of the proposed parking structure, especially along the westerly building facade. Proposed setbacks for the hospital and medical office building structure, specifically Phase III nursing tower and Phase III medical office building expansion. Medical office building overall "monolithic" form. Spatial and architectural relationships between the medical office building and the southern portion of the Activity Center. Central Plant area screening. Design and screening of the courtyard area between the medical office building and hospital loading areas. Color palette and use of materials on buildings and common space areas. Processing and timing of Phase III. On May 15, 1992, the project architect presented a number of schematic design solutions and modifications to address the concerns raised by the DRC on April 27, 1992. The proposed modifications included: a. Reduction of Phase II parking segment from 7 levels to 6 levels. b. Reduction of the southern portion of Phase III parking structure from g levels to 6 levels. c. Reduction of the northern portion of Phase III parking structure increment from g levels to 7 levels and horizontal staggering of upper parking levels along EastLake Parkway. d. Horizontal staggering of Phase III Medical Office Building mass. Page 13, Itee~\~ Meeting Oate 6/30/92 The Design Review Committee reviewed the revised design of the Kaiser Medical Center on June 8, 1992. The DRC recommended approval with conditions necessary to ensure that the project is functionally and aesthetically balanced and properly designed. A ]arge scale model of the medical center has been prepared by the app]icant to demonstrate the site and bui]ding relationships. This model will be available at the public hearing and will be used to discuss the principal features of the project's design. 10.0 Development Aqreement (Exhibit 13) The attached Development Agreement between Kaiser Permanente and the City of Chu]a Vista represents an agreement to vest the various permits in return for certain extraordinary benefits to the City of Chu]a Vista. These benefits constitute additional opportunities for mutual cooperation between Kaiser and the City. The general terms of this agreement are described in the attached memorandum from John Goss, dated June 10, 1992 (£xhibit 13 ). ~onc]usion The combined processing and public hearing for the various plans and permits included in this project is unique. Norma]ly, the planning amendments would be separated from the zoning and design permits. By combining both permits into a single process, the time required to process this project was reduced by over 50%. The attached resolutions which contain the conditions of approval include a]l of the E~R Mitigation Measures contained in the Environmental ~mpact Report. FISCAL IMPACT: The fisca] impact of the Kaiser Medica] Center is inc]uded in Appendix ! of the Technical Appendices to the EastLake ! SPA Plan Amendment/Kaiser Environmental Impact Report. The EastLake Activity Center's annual impact after buildout is projected to be a positive $263,009 per year in current 1992 dollars. WPC 0340p ORDINANCE & ~-~ AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE EASTLAKE I PLANNED COMMUNITIES DISTRICT REGULATION AMENDMENT AND KAISER DEVELOPMENT AGREEMENT FOR EASTLAKE I/KAISER PERMANENTE WHEREAS, the area of land which is the subject of this ordinance amending the EastLake I Planned Community District Regulations consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of l:a~tLake Parkway; and, WHEREAS, the proposed amendment would modify the Planned Community District Regulations and Land Use District Map for the EastLake I Activity Center by the amendment of permitted land uses, including the zone reclassification of 2 acres of Village Center 2 (Ye-2) to Business Center 1 (BC~i); and WHEREAS, the applicant, Kaiser Permanente, has requested a Development Agreement for the vesting of various planning permits for the 30.6-acre Kaiser Medical Center located within the northerly portion of the 71.8-acre area in return for certain extraordinary benefits to be provided to the City of Chula Vista; and WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment to the EastLake I SPA Plan was approved to allow the Salt Creek I project; and, WHEREAS, the Planning Commission held a duly advertised public hearing on said EastLake I Planned Community District Regulations amendment and Kaiser Development Agreement on June 24, 1992, and at the conclusion of said heating recommended approval of the proposed amendment and Development Agreement; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated here'm by reference as if set forth in full, made certain findings as set forth in their recommending Resolution No. EIR-92-01 herein and recommended to the City Council the approval of said EastLake I Planned Community District Regulation Amendment and Kaiser Development Agreement based on certain terms and conditions; and, WHEREAS, the City Council set the time and place for a public hearing, together with the purpose, which was given by the publication in a newspaper of general circulation in the City and mailed notice was given to property owners within 1,000 feet of the exterior boundaries of the proposed amendment area and Development Agreement at least ten (10) days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. on June 30, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the Final Supplemental Environmental Impact Report for this project (EIR-92-01) has been previously certified by the City Council of the City of Chula Vista; and, WHEREAS, a public hearing having been noticed in accordance with Council policy was scheduled before the City Council of the City of Chula Vista on the consideration of the EastLake I Planned Community District Regulation Amendment and Kaiser Development Agreement on June 30, 1992; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby determine, find, and resolve and orders as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incorporated into the record of this proceeding. 2. COMPLIANCE WITH CEQA The City Council of the City of Chula Vista has reviewed and considered the Final Supplemental EIR-92-01, the environmental impacts therein identified for this project, the Candidate CEQA Findings attached hereto as Exhibit 3-1, the proposed mitigation measures contained therein, the Mitigation Monitoring Program attached hereto as Exhibit 3-2, and the Statement of Overriding Considerations which is attached hereto as Exhibit 3-3. The City Council, by approving the Final Supplemental EIR, has found that it was prepared in accordance with the requirements of the California Environmental Quality Act, -2- the State EIR Guidelines, and the procedures of the City of Chula Vista. The certifying resolution number is incorporated here'm by reference. 3. CONSISTENCY WITH GENERAL PLAN a. The proposed EastLake I Planned Community District Regulations Amendment is in conformity with the provisions of the Chula Vista General Plan. 4. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS a. Adoption of Findings. The City Council does hereby approve and accept as its own, incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. From the facts presented to the City Council, the Council has determined that said amendment and Development Agreement is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare and good zoning practice support adoption of the amendment to the EastLake I Planned Community District Regulations Amendment and Kaiser Development Agreement. b. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document (EIR-92-01) and the CEQA Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. -3- c. Feasibility of Alternatives. As is also noted in the environmental document in paragraph b above, alternatives to the project which were identified as potentially feasible were found not to be feasible. d. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program (Program) set forth in Exhibit 3 to this resolution and incorporated herein by reference as set forth in full. The Council hereby finds that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista does hereby issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental affects acceptable. f. Amendment to Planned Community District Regulations. 5. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That the conditions of approval of the amendments to the EastLake I Planned Community District Regulations attached hereto as Exhibit 8 and incorporated herein as set forth in full are as follows: ' 1) The applicant shall implement each and every mitigation measure identified in the Final Supplemental EIR and in the CEQA Findings previously adopted. -4- 2) The applicant and all other responsible parties shall implement each and every aspect of the Mitigation Monitoring Program previously adopted. 3) Variance of the conditions of approval to occur shall, at the option of the City, be exercised at a public hearing, notice of which an opportunity which the applicant has been given to be heard on the matter, revoke the zoning regulations herein above conditionally approved. SECTION II. That the zoning map or maps established by Section 19.18.000 of the Chula Vista Municipal Code be hereby amended by adding thereto the following amendment: That that certain property consisting of 59.8 acres located at the northwest quadrant of EastLake Parkway and Otay Lakes Road described as Village Center I (RM-25, RM-44, OS 5) in PCM-92-02 be and the same is hereby zoned to Village Center 1 (OS 5), and SECTION III. That said zoning map of the City of Chula Vista is further amended by adding the following amendment: That that certain property consisting of 2 acres located at the southeast corner of EastLake Parkway and Fenton Street described as Village Center 2 in PCM-92-02 be and the same is hereby zoned Business Center -1, and SECTION IV. That the proposed amendments to the land use regulations contained in the EastLake I Planned Community District Regulations for the Village Center Districts 1, 2, and 3 described in PCM-92-02 be and the same is hereby amended in accordance with Exhibit 8. SECTION V. That the Kaiser Development Agreement attached hereto as Exhibit 13 and incorporated herein as if set forth in full, is hereby adopted, and SECTION VI. This ordinance shall take affect and be in full force on the 30th day from the date and after its passage and approval. -5- 6. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination is fried with the County Clerk of the County of San Diego. Presented by Approved as to form by ~obert A. Leiter Bn{ce M. Boogaard Director of Planning City Attorney -6- Recording Requested By: ) Latham & Watkins 701 "B" Street, Suite 2100 San Diego, CA 92101 ATTN: Jon D. Demorest, Esq. ABOVE SPACE FOR RECORDERS' USE DEVELOPMENT AGREEMENT BY AND BETWEEN KAISER FOUNDATION HOSPITALS, a California non-profit public benefit corporation, and THE CITY OF CHULA VISTA, a charter city Dated: 1992 DEVELOPMENT AGREEMENT California Government Code Sections 65864-65869.5 THIS DEVELOPMENT AGREEMENT ("this Agreement") is entered into on , 1992, between KAISER FOUNDATION HOSPITALS, a California non-profit public benefit corporation ("Hospitals") and the CITY OF CHULA VISTA, a municipal corporation having charter powers (the "City"), with reference to the recitals set forth below. 1. Recitals. 1.1 City's Authority to Enter Into Development Agreement. The City, as a charter city, is authorized under Resolution No. 11933, its Charter, and its self-rule powers and Government Code Section 65864 to enter into binding development agreements with persons having legal and equitable interests in real property for the purposes of assuring, among other things (i) certainty as to permitted land uses in the development of such real property, (ii) construction of adequate public facilities to service such real property and (iii) equitable reimbursement of the cost of construction of excessive size or capacity public facilities. 1.2 The Property; Developer's Interest. Hospitals owns or holds an enforceable right to acquire fee title to the real property described in Exhibit "A" (the "Property"), consisting of approximately 30.6 acres at the northwest corner of EastLake Parkway and the extension of Fenton Street. Hospitals intends to construct and operate on the Property, in three phases, medical office buildings, a hospital, a parking structure and related support facilities, as is more particularly described in the "CUP," as defined herein, with the following approximate amounts of building square footage for each phase: Phase I 295,000 S.F. Phase II 505,000 S.F. Phase III 540~000 S.F. Total 1,340,000 S.F. 1.3 Property Part of Village Center. Hospitals has purchased or will purchase fee title to the Property from EastLake Development Company ("EastLake"). The Property was planned for development by EastLake as part of a larger area, consisting, including the Property, of approximately 71.8 acres and referred to as the Village Center 1 (59.8 acres) and Village Center 2 (12 acres) portions of the EastLake SPA Plan Area (the "Village Center"). 1.4 Approved Project Status of Village Center. The Village Center was previously estimated to generate a number of average daily trips which the City and Hospitals agrees is equivalent to 2,386 p.m. peak period traffic trips ("P.M. Peak Trips"), based on the following previously anticipated development of the Village Center, expressed in P.M. Peak Trips: Multi-Family Residential (405 D.U.) 324 Library (1 acre) 40 Commercial (22.2 acres) 1,554 Office (12 acres) 468 Total P.M. Peak Trips _2,386 Based on the foregoing, and the City's determination that its transportation facilities could still be operated within the traffic threshhold with the development contemplated by EastLake's plan, the City determined that it would not object to the issuance of building permits for the Village Center, under EastLake's plan, on the basis of the development's impact on the "traffic threshhold" established by the "Quality of Life Threshholds," as defined herein. Accordingly, the Village Center was given "approved project" status by the City. 1.5 Hospitals' Projected Traffic Demand. The proposed "medical center" use of the Property, under Hospitals' plan, including all three phases, on the entire 30.6 acres, has been projected by the City to generate 2,630 P.M. Peak Trips. The P.M. Peak Trips allocated by phase are as follows: Phase I 560 Phase II 1,010 Phase III 1,060 Total 2,630 1.6 Projected Traffic Demand of Village Center. The proposed uses of the Village Center under the amended SPA Plan, including all three phases of Hospitals' proposed medical center development, has been projected by the City to generate 4,158 P.M. Peak Trips, based on the following anticipated development of the Village Center: Open Space (10.9 acres) 0 Library (1 acre) 40 Commercial (17.3 acres) 1,211 Office (6 acres) 234 Industrial (2 acres) 31 Church (4 acres) 12 Medical Center (30.6 acres) 2,630 Total P.M. Peak Trips 4,158 Accordingly, the City has projected that the proposed uses for the Village Center will create 1,772 (4,158 - 2,386) more P.M. Peak Trips than were projected for the previously anticipated use. 1.7 Benefits to the City. This Agreement is entered into for the purpose of facilitating the development of the Property in a manner that will ensure certain anticipated benefits to the City (including, without limitation, the existing and future residents and populations of the City) as follows: 1.7.1 To provide for a significant cash contribution to the City that will enable the City to finance programs and improvements that otherwise would have to be financed from the City's general fund or from other sources. 1.7.2 To provide and assure to the City the accelerated, coordinated and more economic construction, funding and dedication to the public of certain vitally needed public facilities and benefits, and to provide for anticipated levels of service to residents and populations of the City and adjacent areas, all as provided for in the City's General Development Plan. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 3 1.7.3 To provide and assure that the City receive enhanced sales tax revenues and an interim increase in property tax revenues. 1.7.4 To provide a major employment opportunity for residents of the City. In this regard, Hospitals promises to use reasonable efforts to develop an employment outreach program that encourages local employment of Chula Vista residents. 1.7.5 To provide additional high quality medical services to serve the residents of the City. 1.8 Intentions of Parties in Entering Into This Agreement. Hospitals and the City intend to enter into this Agreement to: 1.8.1 Assure Hospitals' participation in the construction and financing of public facilities; 1.8.2 Provide the City with public facilities and improvements in excess of those public facilities and improvements to which it would otherwise be entitled and/or provide the City with such public facilities and improvements at an earlier time than the City would otherwise have been able to obtain them; and 1.8.3 Provide Hospitals with certainty in the land use regulations and policies applicable to the development of the Property to the extent herein granted and with a vested right to proceed with the development of the Property to the land uses, densities and intensity of uses to the extent and in the manner as provided below. 1.8.4 It is the intention of the parties to review the traffic analysis undertaken with respect to Hospitals' proposed development for the express purpose of attempting to reduce or avoid the deferral of development of land owned by EastLake and otherwise authorized for development, as is contemplated by Section 5.6 hereof. 1.9 Effective Date; Adoption of Ordinance Approving Agreement. The ordinance approving this Agreement was first introduced at the City Council meeting of , 1992. The Citv Council of the City adopted Ordinance No. approving this Agreement.~ The "Effective Date" of this Agreement shall be the date on which the thirty day period for challenging the City's adoption of the environmental impact report prepared in conjunction with its consideration and approval of the CUP and this Agreement under the California Environmental Quality Act expires without any lawsuit having been filed, or the date on which the thirty day period for challenging this Agreement by referendum expires without such a challenge having been initiated, whichever is later. In the event any such lawsuit is filed or referendum is initiated, Hospitals and the City shall meet within thirty days and confer about the method for responding to/~ the lawsuit or challenge, and the Effective Date shall be extended for such~ thirty days. If the City and Hospitals are unable to agree to the method for~ 1. The Development Agreement will be executed immediately following the second reading of the ordinance. kaiser19.wp Kaiser Development Agreement 2une 19, 1992 Page 4 responding within said thirty days, then this Agreement shall terminate and Hospitals and the City shall be released from all liability hereunder. 1.10 Findings of the City Council. The City Council has found that this Agreement is consistent with the City's General Plan, the EastLake II (EastLake I Expansion) General Development Plan, the EastLake I Planned Community District Regulations, and the EastLake I Sectional Planning Area Plan, as well as all other applicable policies and regulations of the City. 2. Definitions. In this Agreement, unless the context otherwise requires: 2.1 "Activity Center Precise Plan Guidelines" shall mean the design guidelines for the EastLake I activity center, adopted concurrently with the first reading of this Agreement as an Ordinance by the City. 2.2 "Air Quality Improvement Plan" shall mean the EastLake I Activity Center Air Quality Improvement Plan, as adopted concurrently with the first reading of this Agreement as an Ordinance by the City. 2.3 "City" means the City of Chula Vista, a charter city. 2.4 "CUP" shall mean the Conditional Use Permit granted by Resolution No. , adopted concurrently with the first reading of the Ordinance approving this Agreement. 2.5 "EastLake" means EastLake Development Company, a California general partnership comprised of corporations. 2.6 "Effective Date" is defined in paragraph 1.9 hereof. 2.7 "Existing Approvals" shall mean all discretionary approvals and/or standards which have been approved, established or amended in conjunction with or preceding approval of this Development Agreement, as it relates to the Property, consisting of, but not limited to: 2.7.1 The General Plan~ 2.7.2 The EastLake II (EastLake I Expansion) General Development Plan~ 2.7.3 The SPA Plan~ and 2.7.4 The Financing Plan; 2.7.5 The Water Conservation Plan. 2.7.6 The Air Quality Improvement Plan~ 2.7.7 The Activity Center Precise Plan Guidelines~ 2.7.8 The Precise Plan; kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 5 2.7.9 The CUP~ 2.7.10 The EastLake I Planned Community District Regulations~ 2.7.11 The Lot Line Adjustment~ 2.8 "Financing Plan" means the EastLake I Public Facilities Finance Plan, adopted concurrently with the first reading of this Agreement as an Ordinance by the City, together with any exhibits and appendices thereto, including without limitation any phasing plans attached thereto, and any further modifications or amendments thereto which may be duly adopted by the City in the manner provided by law. 2.9 "General Plan" shall mean the Chula Vista General Plan, together with all its elements, currently in effect at the time of adoption of the Ordinance approving this Agreement. 2.10 "General Development Plan" shall mean theEastLake II (EastLake I Expansion) General Development Plan and all elements thereof, as amended concurrently with the first reading of this Agreement as an Ordinance by the City. 2.11 "Hospitals" means Kaiser Foundation Hospitals, a California non-profit public benefit corporation, and any affiliate owned, controlled by, owning, or under common control with the Kaiser Permanente medical care program to which it may assign all or any portion of its rights under this Agreement. 2.12 "Lot Line Adjustment" means the lot line adjustment recorded on as document no. for the purpose of creating the Property as a separate legal lot. 2.13 "Planned Community District Regulations" shall refer to the EastLake I Planned Community District Regulations as approved pursuant to Ordinance No. __on , as amended concurrently with the first reading of the Ordinance approving this Agreement. 2.14 "Planning Commission" means the Planning Commission of the City of Chula Vista. 2.15 "P.M. Peak Trips" is defined in paragraph 1.4 hereof. 2.16 "Precise Plan" means the Precise Plan with respect to Hospitals' proposed construction at the Property, adopted concurrently with or prior to the first reading of the Ordinance by the City approving this Agreement. 2.17 "Property" is defined in paragraph 1.2 hereof. 2.18 "Quality of Life Threshholds" means the levels of service criteria and enforcement procedures established by Resolution No. 13346 and Section 19.09 of the City's Municipal Code. If any disparity exists between the Resolution and the Municipal Code as to the nature of the threshold, or the method for measuring same, the Municipal Code shall govern. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 6 2.19 "SPA Plan" means the EastLake I Sectional Planning Area Plan approved by the City pursuant to Resolution No. 11934 on February 19, 1985, as amended concurrently with the first reading of Ordinance by the City approving this Agreement. 2.20 "Substantial Compliance" means that the party charged with the performance of a covenant herein has sufficiently followed the terms of this Agreement so as to carry out the intent of the parties in entering into this Agreement. 2.21 "Trans DIF" means the City's transportation facility development impact fee program adopted pursuant to Ordinance No. 2251, as amended. 2.22 "Village Center" is defined in paragraph 1.3 hereof. 2.23 "Water Conservation Plan" shall mean the EastLake ! Activity Center Water Conservation Plan, as amended concurrently with the first reading of this Agreement as an Ordinance by the City. 3. Description of Property. The Property consists of approximately 30.6 acres located at the northwest corner of the EastLake Parkway and Fenton Road in the City of Chula Vista, County of San Diego, and is more particularly described in Exhibit "A" attached hereto. 4. Extraordinary Benefits to the City. In addition to the benefits the City as described in paragraph 1.3 hereof, and as further consideration for the vesting of Hospitals' right to develop the Property as provided herein, Hospitals shall pay to the City the sum of one million two hundred thousand dollars($1,200,000) within five (5) business days after the Effective. Date.. Said sum shall be used by the City to support programs or to build capital facilities that serve health and human services needs. The City shall advise Hospitals as to how the City proposes to use said sum, and Hospitals shall have~ the right to approve the uses proposed by the City. Hospitals agrees not to',~ unreasonably withhold or delay its approval of any use proposed by the City, so long as the proposed use is consistent with the intent of the parties that said~\~,/ sum be directed to health and human services. 5. Conditions Precedent. The vesting of Hospitals' right to develop the Property as provided herein, and Hospital's obligations under paragraph 4 hereof, are contingent upon EastLake's execution and delivery of an instrument i~ the form of Exhibit "B" attached hereto and incorporated herein by reference.~' In addition, the vesting of Hospitals' right to develop the Property as provided herein, and all of the remainder of the riqhts conferred in this Aqreement are q-~contingent upon Hospitals' timely payment to the City of the sum referred to in paragraph q hereof. All rights, duties, waivers, findings and determinations subsequently provided in this Agreement apply only if the aforementione~d Conditions Precedent have occured. 2. Form of agreement may have to have a transfer of an interest in land to the City to be a covenant running with the land and binding upon successors. Open Point. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 7 6.1 Vesting of ~F~pitals' Right to Develop. In consideration of Hospitals' participation inxt~he construction and financing of public facilities and other benefits to the/C/ity as set forth herein, Hospitals is vested with the right to develop and ma~rftain the first two phases of the medical center project at the Property to t¥~land uses, densities and intensities and at such a rate, of development and2sd~jec~,t~ s~ch. ~andards as are set forth herein and in the Existing Approvals. Hospitals' right to develop the third phase of its medical~ center project at the Property is vested presently, subject only to the condition that an additional 521P.M. Peak Trips be allocated to the Property in the manner contemplated pursuant to Section 6.5 hereof and subject to the provisions of Section 6.6 hereof. 6.2 Benefit of Earlier Vesting. Nothing in this Agreement will construed as adversely affecting Hospitals' obtaining a vested right to develo the Property, if any, pursuant to the provisions of California's constitutional, statutory and decisional law. 6.3 Application of New Rules, Regulations and Policies. Subject to the provisions of Section 7 hereof, the City may, during the term of this Agreement, apply to the Property only such new rules, regulations, policies, ordinances and standards that (a) do not relate to land use and a~are generally applicable throughout the City, or (b) ~nd '~hich will not prevent or delay the development of the Property to the land uses, densities or intensities of development permitted herein and in the Existing Approvals. 6.4 Phasing. The parties acknowledge that Hospitals cannot at this time predict when or the rate at which the phases of its development at the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Hospitals, such as membership growth and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. the City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Hospitals shall have the right to develop the Property to the density and intensity of use contemplated by the Existing Approvals during the term of this Agreement in such order and at such rate and at such times as Hospitals deems appropriate within the exercise of its subjective business judgment within the limits and subject to the conditions stated in this agreement. 6.5 Transfer of Approved Project Status. Hospitals shall not apply for building permits, and City shall have the right to withhold building permits as to all or any portion of Hospitals' development at the Property, until Hospitals secures, to the satisfaction of the City, an allocation from the City of additional P.M. Peak Trips as provided for under the terms of this Section 6.5, inclusive of Subsections 6.5.1 through 6.5.8. An additional 712 P.M. Peak Trips must be secured in order to allow Hospitals to procure building permits with respect to the first two phases of its development at the Property (the "Phase I and II Required Amount"), and a total of 1772 P.M. Peak Trips (i.e., another 1060 P.M. Peak Trips in excess of the Phase I and II Required Amount) kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 8 must be secured in order to allow Hospitals to procure building permits with respect to the third phase of its development at the Property (the "Phase III Required Amount"). The City further agrees that the obligations of City contained in Subsections 6.5.2 through 6.5.8, inclusive, Section 11 (excepting the right ~ the payment of prevailing party attorney fees), Section 12.3, and Section 13~J are for the benefit of Hospitals and for the benefit of EastLake, as an express third party beneficiary. 6.5.1. Capacity Obtained by Deferral Agreements from Other Property Owners. Agreements to Withhold Development. To the extent that Hospitals secures an agreement and covenant running with the land ("Deferral Agreement") in a form satisfactory to the City and for the express benefit of the City, from one or more property owners owning property ("Vicinity Property") within the City of Chula Vista east of 1-805, which Vicinity Property is not developed but which is determined by the City to generate a given number of P.M. Peak Trips, that said property owner(s) will withhold such Vicinity Property from development, then the number of P.M. Peak Trips determined by the City to be allocable to such Vicinity Property shall be credited to Hospitals towards the satisfaction of the Phase I and II Required Amount and the Phase III Required Amount. The City agrees that the Covenant Running with the Land, attached hereto as Exhibit "B" (the "EastLake Deferral Agreement"), when executed, delivered, recorded in the Official Records of San Diego County in a priority senior to all monetary liens (other than the liens of real property taxes, assessments and special districts), with such recordation and priority insured to the satisfaction of the City Manager, will constitute an adequate Deferral Agreement sufficient to provide Hospitals with a credit of 1,251 P.M. Peak Trips towards its Phase I and II Required Amount and its Phase III Required Amount. The EastLake Deferral Agreement will satisfy Hospitals' entire Phase I and II Required Amount, and will satisfy all but 521 P.M. Peak Trips of Hospitals' Phase III Required Amount. 6.5.2 Additional Capacity Based on Zion Study. The City shall undertake a study of the actual traffic generated by the Zion Avenue medical center operated by Hospitals in the City of San Diego for the purpose of establishing whether the P.M. Peak Trips generation rates assumed by the environmental impact report prepared in conjunction with the approval of Nospitals' proposed development at the Property is too high. The cost of said study shall be paid by Hospitals, unless they are in default or shall otherwise refuse to do so, in which case, the cost of said study shall be paid by EastLake. To the extent the City Manager of the City or his designee determines, based upon such study, that the assumed rate of P.M. Peak Trips generation in said environmental impact report is too high, the increment shall be allocated (a) first, to Hospitals, until a total of an additional 521 P.M. Peak Trips have been allocated to Hospitals pursuant to this Section 6.5, thereby fully mitigating the traffic impacts of all three phases of Nospitals' development at the Property, and (b) second, to EastLake, to the extent of the amount of P.M. Peak Trips then reserved by Eastlake pursuant to the EastLake Deferral Agreement (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), thereby releasing a commensurate amount of development from the 3. This will be contingent on EastLake provided an enforceable covenant running with the land that has an enforceable covenant of good faith and fair dealing. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 9 restrictions of the EastLake Deferral Agreement. 6.5.3 Additional Capacity Based Actual Traffic Generation. To the extent that Hospitals has not previously received sufficient credit toward its Phase III Required Amount pursuant to this Section 6.5, or that all or some portion of the Vicinity Property subject to the EastLake Deferral Agreement (Exhibit B) remains subject to a covenant to withhold development (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), and to the further extent that Hospitals or EastLake submits a traffic study of the actual P.M. Peak Trips generated by the first two phases of Hospitals' development at the Property, and the City Manager of the City or his designee determines, based upon such study, that the actual P.M. Peak Trips generated is less than that predicted by the traffic model utilized for the environmental impact report prepared in conjunction with the approval of Hospitals' proposed development at the Property, the increment, to the extent it is not duplicative of P.M. Peak Trips already allocated to Hospitals or EastLake by the provisions of this Section 6.5, shall be allocated (a) first, to Hospitals, until an additional 521 P.M. Peak Trips have been allocated to Hospitals pursuant to this Section 6.5, thereby fully mitigating the traffic impacts of all three phases of Hospitals' development at the Property, and (b) second, to EastLake, to the extent of the amount of P.M. Peak Trips then reserved by Eastlake pursuant to the EastLake Deferral Agreement (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), thereby releasing a commensurate amount of development from the restrictions of the EastLake Deferral Agreement. 6.5.4 Additional Capacity Based on HNTB Traffic Studies. To the extent that Hospitals has not previously received sufficient credit toward its Phase III Required Amount pursuant to this Section 6.5, or that all or some portion of the Vicinity Property subject to the EastLake Deferral Agreement (Exhibit B) remains subject to a covenant to withhold development (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), the City shall continue with and finish to the point of being able to draw adequate conclusions from the HNTB traffic study designed to identify the amount of traffic capacity, if any, in the existing roadway system that has not previously been allocated to "approved projects, and to the further extent that the City Council determines, based upon such study, that such capacity exists, the City shall allocate a fair percentage of such traffic capacity to the extent it is not duplicative of credits already extended previously, after due consideration of other proposed projects, (a) first, to Hospitals, until an additional 521 P.M. Peak Trips have been allocated to Hospitals pursuant to this Section 6.5, thereby fully mitigating the traffic impacts of all three phases of Hospitals' development at the Property, and (b) second, to EastLake, to the extent of the amount of P.M. Peak Trips then reserved by Eastlake pursuant to the EastLake Deferral Agreement (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), thereby releasing a commensurate amount of development from the restrictions of the EastLake Deferral Agreement. No other person shall be deemed to be a beneficiary of this Subsection other than as expressly provided herein. 6.5.5 Additional Capacity Obtained from SR 125, InterimSR 125 Facility, or Changes in Operation. To the extent that Hospitals has not previously received sufficient credit toward its Phase III Required Amount kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 10 pursuant to this Section 6.5, or that all or some portion of the Vicinity Property subject to the EastLake Deferral Agreement (Exhibit B) remains subject to a covenant to withhold development (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), and to the further extent that the City Council determines that additional traffic capacity is created as a result of system improvements, such as the construction of State Route 125 or an interim facility, or as a result of changes in operations, such as a finding that the implementation of a City-wide transportation demand management program will reduce traffic generated from projects throughout the City, the City shall allocate, to the extent it is not duplicative of credits already extended previously, a fair percentage of such traffic capacity, after due consideration of other proposed projects, (a) first, to Hospitals, until an additional 521 P.M. Peak Trips have been allocated to Hospitals pursuant to this Section 5.6, thereby fully mitigating the traffic impacts of all three phases of Hospitals' development at the Property, and (b) second, to EastLake, to the extent of the amount of P.M. Peak Trips then reserved by Eastlake pursuant to the EastLake Deferral Agreement (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), thereby releasing a commensurate amount of development from the restrictions of the EastLake Deferral Agreement. 6.5.6 Additional Capacity Generated by Changed Conditions. To the extent that Hospitals has not previously received sufficient credit toward its Phase III Required Amount pursuant to this Section 6.5, or that all or some portion of the Vicinity Property subject to the EastLake Deferral Agreement (Exhibit B) remains subject to a covenant to withhold development (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), and to the further extent that the City Council determines that additional traffic capacity exists within the existing roadway system as a result of changed conditions or assumptions relating to planned or assumed development within the eastern regions of the City, the City Council shall, to the extent it is not duplicative of credits already extended previously, allocate a fair percentage of such traffic capacity, after due consideration of other proposed projects, (a) first, to Hospitals, until an additional 521 P.M. Peak Trips have been allocated to Hospitals pursuant to this Section 6.5, thereby fully mitigating the traffic impacts of all three phases of Hospitals' development at the Property, and (b) second, to EastLake, to the extent of the amount of P.M. Peak Trips then reserved by Eastlake pursuant to the EastLake Deferral Agreement (after giving effect to any P.M. Peak Trips previously allocated to EastLake pursuant to this Section 6.5), thereby releasing a commensurate amount of development from the restrictions of the EastLake Deferral Agreement. 6.5.7 Certificate of Reallocation. As additional P.M. Peak Trips are allocated to Hospitals and EastLake pursuant to the provisions of this Section 6.5, the City will execute and deliver to EastLake and Hospitals a recordable instrument in form satisfactory to them verifying the reallocation of P.M. Peak Trip under the provisions of this Section, and releasing appropriate portions of the Vicinity Property otherwise subject to deferral from the EastLake Deferral Agreement. All P.M. Peak Trips, not to exceed 1,251, reallocated to EastLake as provided above shall thereafter be available to EastLake or its successors and assigns for the purpose of mitigating any traffic impacts created by projects within the EastLake SPA Plan area. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 11 6.5.8 EastLake's Right of Substitution of Vicinity Property. EastLake shall have the right, at its sole election, to select from time to time, other property within the EastLake SPA Plan Area which may be used in whole or in part for the purpose of deferring building permits as required above, to the extent such other Vicinity Property is determined by the City Manager or his designee to be sufficient to satisfy EastLake's deferral obligations under this Section 5.6 and under Exhibit "B." Within forty-five (45) days from EastLake's request of the City to use other properties in this manner, the City, by the City Manager, will make its determination as herein provided, and if City determines that the substitute Vicinity Property is sufficient, City will execute and deliver to EastLake a recordable instrument in a form satisfactory to EastLake, releasing the appropriate portions of Village Center i from the deferral agreement on the condition that the substitute Vicinity Property is encumbered in the same manner and to the same extent of security herein required of the Village Center I North Property described in Exhibit B. 6.6 Effect of Financing Plan and Quality of Life Thresholds. The City has determined that it is critically important to adhere to the Quality of Life Threshholds and the Financing Plan in order to assure the orderly and timely construction of public facilities as the need for them arises as a consequence of new development within the City. The City has determined that Phases I and II of Hospitals' development at the Property can, at present, be accomodated without violating any of the Quality of Life Thresholds, and that Phase III of Hospitals' proposed development at the Property at present can be accomodated without violating any of the Quality of Life Threshholds, with the exception of the Quality of Life Threshhold pertaining to traffic and with the possible exception of the Quality of Life Threshold pertaining to the delivery of fire and police services. The City agrees that any change made to the number of Thresholds or the standard for measuring a violation of same shall not apply to Phase III at the Property, but that Phase III will be governed according to the current number and standards for measurement, and that the only thresholds capable of limiting the development of Phase III are thresholds pertaining to traffic and the delivery of fire and police services. The City further agrees that six (6) months prior to the time when Hospitals anticipates pulling its building permits for Phase III, the City will meet and advise Hospitals, at their request, if the thresholds, as they are currently worded, pertaining to fire and police are likley to be violated by Phase III development of the medical center. If the City determines that a violation is likley to occur, the City will dedicate available DIF resources to cure the violation. If the available DIF resources are deficient to cure such violations, City will give Hospitals the option to advance such capital expenditure costs as is needed to cure the likely violations, and City will provide for reimbursement to Hospitals from subsequent developers. 6.7 Effect of EastLake Development Agreement. From and after the Effective Date, the Development Agreement between the City and EastLake Development Company adopted by Ordinance No. 2102 and recorded in the Official Records of San Diego County as Document No. 85-198858, shall not apply to the Property. The balance of the EastLake I area shall continue to be subject to the provisions of Ordinance No. 2102, according to its terms. 7. Ability of City to Modify Design Elements. The City will accept for expeditious processing and review and shall use its reasonable efforts to assist kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 12 Hospitals in obtaining any further permits or approvals required in connection issuable from the City with Hospitals' proposed construction at the Property, including without limitation approvals with respect to design elements that have not been specifically approved in the Precise Plan. The City shall limit its review of any such design elements to a determination of whether they are consistent with the Precise Plan and the Activity Center Precise Plan Guidelines. 8. Development Impact Fees. The following development impact fee program is hereby established for the Property. 8.1 Existing Transportation Facility Development Impact Fees. The City has determined, pursuant to Section 5 of said Ordinance No. 2251, that Hospitals should be granted a waiver or reduction of transportation facility development impact fees payable by Hospitals with respect to the Property, as follows: 8.1.1 The TransDIF fees payable with respect to Hospitals' development shall be computed on the basis of a traffic generation rate of 650 trips per acre. Sixty percent (604) of the total TransDIF fees payable with respect to Hospitals' development shall be allocated to the first two phases of the development. The TransDIF fees for the first two phases of the development will be paid (subject to the use of credits as provided below) no sooner than the Effective Date. The City shall estimate the increase in TransDIF fees that will result from the addition of the improvements described in Section 8.1.2 to the TransDIF program, and the amount of such estimate shall be included in the TransDIF fees payable with respect to the first two phases of Hospitals' development, regardless of whether the TransDIF Program is updated to include same.~ 8.1.2 For the purpose of calculating the TransDIF fee payable by Hospitals, the City shall estimate the cost of the widening of EastLake Parkway between Otay Lakes Road and north of Fenton Street, and the widening of Otay Lakes Road between EastLake Parkway and State Route 125. 8.1.3 The City shall use its best efforts, subject to the freedom to exercise its discretion, to include the cost of the widening of EastLake Parkway between Otay Lakes Road and north of Fenton Street, and the widening of Otay Lakes Road between EastLake Parkway and State Route 125, and the siqnalization of the intersection of Fenton Road and EastLake Parkway in the TransDIF in the next annual update thereof. 8.2 Existing Public Facilities Development Impact Fees. Hospitals shall pay the full amount of public facility development impact fees payable with respect to the Property pursuant to Ordinance No. , as the same may be from time to time amended. 4. Open Point: We can't contract to include a facility in the TransDIF because its inclusion is subject to the Council's discretion at a public hearing. Kaiser feels that if the subject improvements are not added to the TransDIF, it should get a further credit against its TransDIF fees in an amount equal to the benefit it would have received had the improvements been added to the DIF. kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 13 8.3 Use of Credits for the Payment of DIF Fees. The TransDIF fees and the public facilities development impact fees payable with respect to Hospitals' development as provided herein may be paid using credits accumulated by Hospitals and/or using credits accumulated by EastLake and transferred to Hospitals. 8.4 Prepayment of DIF Fees. The TransDIF fees and the public facilities development impact fees for Phases I and II of Hospitals' development at the Property may be prepaid by Hospitals at any time on or after the Effective Date, and from time to time, in whole or in part. 8.5 Withhold of Permits. Hospitals agrees that the City shall have the right to withhold issuance of any building permit for construction within the area of the Property unless and until the appropriate TransDIF fees and public facilities development impact fees are paid by Hospitals. 8.6 Other Development Fees and Exactions. No category of development impact fees, assessments or other fees, charges or exactions shall be charged or levied with respect to the Property, except for fees, assessments, charges or exactions in effect on the date of this Agreement, and except that the City may impose a charqe pursuant to any lawful means (and Hospitals shall be free to oppose the imposition of such charqe by any lawful means), imposinq on Phase III of Hospitals' development its fair share of the cost of an interim State Route 125 facility pursuant to a financinq proqram qenerally applicable to the eastern territories. Notwithstanding the foregoing, the amount of such fees, charges or exactions is subject to increase on a non-discriminatory, community- wide basis (recognizing for the purposes of the TransDIF, the public facilities DIF and the Telegraph Canyon Drainage Basin sewer fee, the area east of 1-805 as a community), and Hospitals shall pay such fees, charges or exactions at the rate in effect on the date of payment. The foregoing limitation on new categories of development fees is not intended to preclude the City from levying service fees or use charges on a non-discriminatory, community-wide basis. 9. Binding Effect~ Encumbrance of Property~ Status. 9.1 Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of the parties successors-in-interest. 9.2 Discretion to Encumber. Nothing in this Agreement will prevent or limit Hospitals, in any manner, at Hospitals' sole discretion, from encumbering all or any portion of the Property or improvement thereon by any deed of trust or other security device. 9.3 Status. Each party will, within fifteen (15) days after written request, give written notice to the other party of whether the party giving the notice knows of any breach of this Agreement and its current understanding of status of performance under this Agreement. A copy of any such notice which is sent to Hospitals shall also be sent to the holder of any institutional first trust deed encumbering the Property if such holder has made written request for notice and provided the City with the holder's address for notice purposes. 10. Annual Review~ Notice. The City will, once every twelve (12) months kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 14 during the term of this Agreement, pursuant to California Government Code Section 65865.1, undertake a periodic review of the parties' compliance with the terms of this Agreement pursuant to the procedures set forth below. Hospitals shall present information with respect to Hospitals' good-faith compliance with Paragraph 9.1. In addition to the information provided by Hospitals in accord with Paragraph 9.1, the City may request Hospitals to address additional issues with respect to Hospitals' good-faith compliance with the terms of this Agreement. The City shall deliver no less than thirty (30) days' written notice to Hospitals prior to any hearing of any requirement the City desires to be addressed, and applicable staff reports, in a manner sufficient for Hospitals to respond. Either party may address any requirement of this Agreement during the review period. If at any time of review, an issue not previously identified in writing pursuant to this Paragraph 9 is required to be addressed, the review at the request of either party may be continued to afford sufficient time for analysis and preparation. Such review by the the City may be conducted by the City Manager. 10.1 Information to be Provided By Hospitals. Pursuant to Government Code Section 65865.1, Hospitals shall have the duty to demonstrate its good-faith compliance with the terms of this Agreement at each periodic review. Hospitals' duty may be satisfied by the presentation to the City of: (i) a written report identifying Hospitals' performance or the reasons for its nonperformance or excused performance of the requirements of this Agreement, or (ii) oral or written evidence submitted at the time of review. 10.1.1 The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain thousands of requirements (i.e., construction standards, landscaping standards, et al.), and that evidence of each and every requirement would be a wasteful use of the parties' resources. Accordingly, Hospitals shall be deemed to have satisfied its duty to demonstrate compliance when it presents evidence of its good faith and substantial compliance with any issues requested to be addressed by the City in accordance with Paragraph 9, and substantial compliance with the major provisions of the Existing Approvals. Generalized evidence or statements shall be accepted in the absence of any evidence that such evidence is untrue. 10.2 Finding by the City During Annual Review Period that Nospitals is in Default. If, during any annual review period, the City, on the basis of substantial evidence, finds Hospitals has not in good faith with this Agreement, it will give Hospitals thirty (30) days' notice of default pursuant to Paragraph 10. 10.3 Delay in Annual Review. The City's failure to review annually the Hospitals' compliance with the terms and conditions of the Agreement shall not constitute or be asserted by the City as a breach by Hospitals of any terms of the Agreement. 11. Default. If either party defaults under this Agreement, the party alleging such default will give the breaching party no less than thirty (30) days' notice of default in writing. The notice of default will specify the nature of the alleged default and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period of cure, the party charged will not be considered in default for the purposes of kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 15 termination or institution of legal proceedings. If the default is cured, then no default will exist and the noticing party will take no further action. 11.1 Public Hearing Required Prior to the Institution of Legal Proceedings. After proper notice and the expiration of the cure period, the noticing party to this Agreement, shall request hearings before the Planning Commission and the City Council for a determination as to whether this Agreement should be modified, suspended or terminated as a result of each default, prior to the institution of litigation. 11.2 Waiver. Nothing in this Agreement shall be deemed to be a waiver by either party of any right or privilege held by that party pursuant to federal or state law, except as specifically provided herein. Any failure or delay by a party in asserting any of its rights or remedies as to any default by the other party will not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 11.3 Remedies Upon Default. In the event of a default by either party to this Agreement, the parties shall have the remedies of declaratory relief, specific performance, mandamus, injunction and other equitable remedies. Neither party shall have the remedy of monetary damages against the other except as to obligations requiring the payment of money~ provided, however, that the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs if they have offered prior to the institution of litigaiton, and continue, during the course of litigation, to meet and confer with the other party to resolve in good faith their differences. 11.4 Third Party Beneficiary Rights Upon Default. In the event that Hospitals defaults in its performance under this agreement, its default shall not be asserted by the City as a limitation on City's obligations to EastLake under Paragraphs 6.5 and 13.8 herein~ provided however, in the event of Hospitals' default, City shall have a right to demand EastLake to fund the traffic analyses and studies contemplated in Paragraphs 6.5.2 and 6.5.4, to the extent not performed or funded by Hospitals. 12. Modifications~ Suspension~ Termination. 12.1 Emergency Circumstances. If, as a result of specific facts, events or circumstances, the City finds, following the procedures outlined in this Section 11 and based upon the preponderance of all evidence presented by the parties, that a severe and immediate emergency threat to the health and safety of the citizens of the City requires the modification or suspension of this Agreement, the City will: 12.1.1 Notify Hospitals of (i) the initiation of the City's determination process, and (ii) the reasons for the City's determination and all facts upon which reasons are based~ 12.1.2 Notify Hospitals in writing at least fourteen (14) days in advance of the date, time and place of the hearing and forward to Hospitals, a minimum of ten (10) days prior to the hearing, all documents related kaiserlg.wp Kaiser Development Agreement June 19, 1992 Page 16 to such determination and reasons therefor~ and 12.1.3 Hold a hearing on the determination, at which hearing Hospitals will have the right to address the City Council. At the conclusion of said hearing, the City Council may take action to suspend this Agreement if, based upon the evidence presented by the parties, the City Council finds that the suspension of this Agreement is required to avoid an immediate and severe emergency threat to the health, safety and general welfare of the City~ 12.1.4 Where the citizens of the City face a severe and immediate emergency threat to their health and safety, the City may unilaterally suspend the effectiveness of the Agreement for a period not to exceed the time reasonably required for notice and a public hearing. 12.2 Change in State or Federal Law or Regulations. If any state or federal law or regulation enacted during the term of this Agreement or the action or inaction of any other affected governmental jurisdiction precludes compliance with one or more provisions of this Agreement, or requires changes in plans, maps or permits approved by the City, the parties will act pursuant to Paragraphs 11.2.1 and 11.2.2. 12.2.1 The party first becoming aware of such enactment or action or inaction will provide the other party with written notice of such state or federal law or regulation and provide a copy of such law or regulation and a statement regarding its conflict with the provisions of this Agreement. The parties will promptly meet and confer in a good-faith and reasonable attempt to modify or suspend this Agreement to comply with such federal or state law or regulation. A copy of any such notice which is sent to Hospitals shall also be sent to the holder of any institutional first trust deed encumbering the Property if such holder has the written request for notice and provided the City with the holder's address for notice purposes. 12.2.2 Thereafter, regardless of whether the parties reach agreement on the effect of such federal or state law or regulation, the matter will be scheduled for hearing before the City Council no sooner than ten (10) days following written notice of such hearing to Hospitals. The City Council, at such hearings, will determine the exact modification, suspension or termination which is required by the federal or state law or regulation, if any. Hospitals, at the hearing, will have the right to offer oral and written testimony regarding any proposed action by the City. Any modifications, suspension or termination are subject to judicial review. 12.3 Modification by Mutual Consent. This Agreement may be modified from time to time, by the mutual consent of the parties only in the same manner as its adoption by an ordinance as set forth in California Government Code Sections 65867, 65867.5 and 65868, and Resolution 11933 of the City of Chula Vista. Any modification that affects the rights of EastLake as an express third party beneficiary shall require the consent of EastLake. The term "this Agreement" as used in this Agreement will include any such modification properly approved and executed. 12.4 Invalidation. If this agreement is invalidated following the'~ Effective Date, and if Hospitals has applied for but is unable to obtain building1 kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 17 respect to third phase of its development at the Property within ~ permits with the ~twenty years following the Effective Date, then the City shall pay $480,000 to Hospitals. 12.5 Notice of Termination. In the event that this Agreement is terminated pursuant to any of the methods authorized in this Article 12, the City shall prepare and record a Notice of Termination, containing a reference to this Agreement and the effective date of any such termination in a form suitable for recordation with the County of San Diego. 13 General Provisions. 13.1 Notices. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt required, to the principal offices of the City ~nd Hospitals and, wh~r~ ~r~priat~, EastLake. Notice shall be effective on the date delivered in person or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: Kaiser Foundation Hospitals 393 East Walnut Street Pasadena, CA 91188 Attn: Manager, Property Acquisition The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Attn: City Manager EastLake Development Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Stephenson Such written notices may be sent in the same manner to such other persons and addresses as either party may from time to time designate by mail. 13.2 Joint and Several Liability. If either party consists of more than one legal person, the obligations are joint and several. 13.3 Severability. If any material provision of this Agreement is held invalid, this Agreement will be automatically terminated unless within fifteen (15) days after such provision is held invalid the party holding rights under the invalidated provision affirms the balance of this Agreement in writing. This provision will not affect the right of the parties to modify or suspend this Agreement by mutual consent pursuant to Paragraph 11.3. 13.4 Recordation of Agreement~ Amendments. All amendments hereto must be in writing signed by the appropriate agents of the City and Hospitals, in a form suitable for recording in the Office of the Recorder, County of San Diego. Within ten (10) days of the date of this Agreement, a copy will be recorded in the Official Records of San Diego County, California. Upon completion of performance of this Agreement or its earlier termination, a kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 18 statement evidencing said completion or termination, signed by the appropriate agents of Hospitals and the City will be recorded in the Official Records of San Diego County, California. 13.5 Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. 13.6 Assignment. Hospitals may transfer its rights and obligations under this Agreement if such transfer or assignment is made as part of a transfer, assignment, sale or lease of all or a portion of the Property and the purchaser intends to put the Property to a medical center use of the same or a lesser extent and intensity as allowed in the Existing Approvals and the City consents to said transfer. Said consent shall not be unreasonably withheld. 13.7 Term of Agreement. The term of this Agreement shall expire on the first to occur of (a) Hospitals' completion of all three phases of its development at the Property, or (b) twenty (20) years after the Effective Date. 13.8 Covenant of Good Faith and Fair Dealing. Neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement~ each party shall refrain from doing anything which would render its performance under this Agreement impossible~ and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. The City of Chula Vista, a municipal corporation By: By: KAISER FOUNDATION HOSPITALS, a California non-profit public benefit corporation By: Hugh A. Jones, Executive Vice-President By: Sandra H. Cox, Assistant Secretary kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 19 Recording Requested By: When Recorded Return to: The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney GRANT OF EASEMENT AND DECLARATION OF COVENANT RUNNING WITH THE LAND THIS GRANT OF EASEMENT AND DECLARATION OF COVENANT RUNNING WITH THE LAND (the "Agreement") is made and entered into this day of , 1992, by and between EastLake Development Company, a California general partnership consisting of corporations, ("EastLake"), the City of Chula Vista, a municipal corporation having charter powers (the "city"), and Kaiser Foundation Hospitals, a California non-profit public benefit corporation ("Hospitals"), with respect to the following facts: RECITALS A. EastLake is the owner of that certain real property, commonly known as Village Center I-North consisting of approximately 17.3 acres and located within the City of Chula Vista, California, as more particularly described in Exhibit "1" attached hereto and incorporated herein ("VC I-North Property"). B. The City is the owner of certain property consisting of streets and other improvements located in the City of Chula Vista, California, and more particularly described in Exhibit "2" attached hereto and incorporated herein: and is herewith the grantee of an easement over the VC I-North Property from EastLake, for the purposes of enforcing the covenants herein contained and provided as runninq with the land ("City Property"). C. EastLake and Hospitals have entered into that certain Purchase Agreement and Escrow Instructions dated April 26, 1991 and the First Amendment thereto dated March 2, 1992 (the "Purchase Agreement") with respect to that certain real property situated in the City of Chula Vista, California, as more particularly described in Exhibit "3" attached hereto and incorporated herein (the "Kaiser Property"). Pursuant to the Purchase Agreement, EastLake has conveyed fee title to the Kaiser Property to Hospitals concurrently with the recordation of this Agreement. D. In conjunction with the acquisition of the Kaiser Prop- erty, Hospitals applied to the City for various land use entitle- ments, includinq, but not limited to, an amendment to the East- Lake I Sectional Planning Area Plan ("SPA" and "SPA Amendment"), approval of a Conditional Use Permit/Precise Plan and all related discretionary approvals from the City and cthcr ~ovcrnmcntal cntitic~ all as more fully described in the Final Supplemental Environmental Impact Report for the EastLake I Sectional Planning Area (SPA) Plan Amendment/ Kaiser Permanente Chula Vista Medical Center, EIR ~92-01, SCH ~ 92031049 ("FSEIR"), at Section 1.1 thereof, EIR ~c~cribc~ bclc~ for the proposed Kaiser Permanente Chula Vista Medical Center ("Medical Center") (collectively referred to as the "~Entitlements"). In addition, Hospitals is seeking the approval of the City to a development agreement ("Development Agreement") allowing the development of the Medical Center. If approved and effective, t~he Development Agreement will be recorded in the Official Records of San Diego County. EastLake will be an express third party beneficiary of certain rights under the Development Agreement as defined therein. E. The °~ ~-~-^-~ ~-~ ~ Development Agreement ..... ~ -^~ ~ .... ~- (and the ~Entitlements") "~-~ will~ in part~ ..... ~ forpermit the construction of the Medical Center and affect future development on the Kaiser Property and other property within the SPA owned by EastLake, including the VC-I North Property ("EastLake's Property"). Hospitals' Medical Center project is divided into three (3) phases ("Phase I," "Phase II," and "Phase III") all as more fully described in the SPA Amendment. F. The gPA Amcn~.~c.~t, Entitlements and the Development Agreement are anticipated to comecamc 1/ before the City Council for ~--~ --~-~ deliberation and possible approval ("city Approval") on June 30, 1992. The City will deliberate unon adoptinqadcptcd Ordinance No. __ on , 1992, approving the Development Agreement. G. City Approval of the Entitlements and the Development Aqreement was conditioned upon compliance with certain mitigation measures, conditions, and exactions which must be implemented, satisfied or paid prior to development of all or portions of the Kaiser Property and EastLake's Property, one of which. MitiGation Measure No. 4.3.4.6, provides that the Kaiser Permanente Medical Center is conditioned to prohibit approval of the buildinq permit for Phase III, unless the City is satisfied that adequate capacity exists to accommodate the additional traffic by one or any combination of means, one of which was that the applicant obtain a "Deferral Aqreement" sufficient in the opinion of the city to obliqate the holder of riqhts to previously approved development to ~/ I understand this agreement is to be executed and in place prior to the first reading of the ordinance. 2 6/26/92 not apply for building permits for development which has been included in the traffic study in the FSEIR for the Pre-SR 125 condition, provided that the City agrees that subtracting the traffic impacts from such deferred development eliminates the significant traffic impacts of Phase III identified for the Pre-SR 125 Condition. H. By virtue of the aforereferenced Development Agreement, City and Hospitals have agreed to recognize this Grant of Easement and Covenant Running With the Land, assuming it is executed, delivered and recorded in the manner therein provided, as an adequate and sufficient Deferral Agreement sufficient in the opinion of the City to obligate the holder of rights to previously approved development otherwise expected to generate 1,251 P.M. Peak Trips to not apply for building permits for development which has been included in the traffic study in the FSEIR and therein attributed with 1,251 P.M. Peak Trips. co~y ................................................ ~ J K. Under present assumptions, 1,772 PM Peak Hour Trips are necessary for development of all three phases of the Medical Center. EastLake is agreeing, by virtue of this agreement, to withhold development and a deferral on obtaining building permits on VC-I North Property. The deferral of building on the VC-I North Property will reduce PM Peak Hour Trips by 1,251· 3 6/26/92 NOW, THEREFORE, in consideration of the covenants, terms and conditions herein contained, and in reliance on same to the acknowledged detriment of the city in permitting vesting of all three ases of the Kaiser Medical Center, .............. ~ ....... ~ .... ~ ..... ~ ~ ....... ~ '"~--~'-"- ~ ....... ~~"~ the parties agree as follows: 1. EastLake's Covenants and Grant of Easement. Subject to and conditional upon the ' - .... '~ ....... ~' execution, .............. -- and recordation of the Development Agreement and EastLake's rights thereunder as an express third party beneficiary, EastLake agrees to withhold development upon, and to defer seeking building permits with respect to~ any improvements, including structures~ located on the VC-I North Property which property has an attributed 1~251 PM Peak Trips as determined by reference to the EIR ("Covenant to Withhold Development"). In connection with, and for the purpose of enforcing this covenant, EastLake hereby grants to city an easement for light, air and view over all of the VC I North Property which easement shall be coextensive with, and shall exist for so long as the Covenant to Withhold Development shall remain in effect according to the terms of this Agreement and EastLake's Third Party Beneficiary Rights under the Development Agreement. 2. Covenant of Good Faith and Fair Dealing. Neither party shall do anythinq which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement; each party shall refrain from doing anything which would render its performance under this Agreement impossible; and each party shall do everythin~ which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement ("Covenant of Good Faith"). 3. Termination of Covenant. Except as otherwise set forth in the Development Agreement for the termination of this Agreement or as may be agreed to by a recorded amendment of this Agreement executed by EastLake, Hospitals and the City, this Agreement and EastLake's deferral obligation hereunder shall cease and terminate on the earlier of (i) twenty (20) years after the date upon which the Development Agreement is recorded in the official Records of San Diego County, (ii) the date on which the Development Agreement terminates due to failure to satisfy the conditions to the effectiveness thereof pursuant to Section 1.9 of the Development Agreement (iii) ~ ~ ..... ~;-~ ~ ~ .... ~ ..... ~ ~ ....... ~ ~/ We can't guarantee effectiveness in this document. ~/ It was a major point with us inhouse that the term of this agreement should be limited not by time, but by roadway capacity. We begrudgingly conceded that we may take the risk on a 20 year 4 6/26/92 -- '~'" the date on which 1,251 P.M. Peak Trips has been certified by the City as having been reallocated to EastLake pursuant to the i i ~---~-~ ~ ~ ~ ~ ~ ~ prov s ons of thc -~-~-- for ~ ............. forth in Section 6.5._/7 of the Development Agreement~ havc ~oon ...... ~"' ~/ Upon any such termination, the parties agree to execute all documents and take all other actions reasonably necessary to remove the affect of this Agreement on title to the VC-I North Property. 4. Covenant Running With Land. It is the intention of the parties that this agreement shall run with the land and be binding upon the successors and assigns to the parcels. The Parties agree that the provisions of this Agreement touch and concern the Parcels. All of the provisions, agreements, rights, powers, covenants, conditions, restrictions and obligations contained in this Agreement shall be perpetual, shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, grantees, assigns, devisees, representatives, lessees and all other persons acquiring the VC-I North Property, the City Property or the Kaiser Property (collectively, the "Parcels") or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be covenants running with the land pursuant to applicable law, including, but not limited to Section 1468 of the California civil Code. It is expressly agreed that each covenant to do or refrain from doing some act on the VC-I North Property hereunder (i) is for the benefit of the City Property and the Kaiser Property and is a burden upon the VC-I North Property, (ii) runs with the Parcels and (iii) shall benefit or be binding upon each successive owner during its ownership of each Parcel, or any portion thereof, and each owner having an interest therein derived in any manner through any owner of any Parcel or any portion thereof. The parties further agree that in the event that a court of competent jursidiction determines that this agreement and the covenants herein contained, do not, for any reason, run with the land, it is an appropriate term. This clause would provide, however, that if the Development Agreement terminates in the 7th year say because Kaiser was able to get some other developer to defer 521 more trips, builds Phase III and vests, that this covenant to withhold development would terminate, and even though sufficient capacity may not be added to the roadway system, EastLake could "dump" extra-capacity traffic from the VC I North Property. 4/ If there is to be a substitution of Vicinity Property under Section 6.5.8, there will be a separate agreement impressing it with a similar covenant and easement, and releasing this one. Furthermore, it is otherwise provided in the Development Agreement, and is covered by the first sentence. 5 6/26/92 remedy for a court of equity to enforce the obliqation aqainst successors and assiqns as an equitable servitude. The parties aqree that this Aqreement has a leqitimate and reasonable social purpose to wit: to prevent the deterioriation of the quality of life of the residents of Chula Vista by reducinq the risk of adverse traffic conqestion. The parties aaree that this document should not be strictly construed aqainst the City and Kaiser as the owners of the benefitted property. 5. Recordation. This Agreement shall become effective and binding upon the parties and their respective successors-in- interest in accordance with the provisions contained herein upon recordation of this Agreement in the office of the County Recorder of the County of San Diego, California. 6. Miscellaneous. This Agreement may be executed in counterparts, each of which, taken together, shall be deemed to be one fully executed original. Thls Agrccmcnt, ~ ............... mattcr hcrcof. Ail prior and contemporaneous agreements, repre- sentations, negotiations and understandings of the parties hereto, whether oral or written, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. EastLake: EastLake Development Company, a California partnership consisting of corporations By: Its: By: Its: City: The City of Chula Vista, a municipal corporation having chartered powers By: Its: By: Its: 6 6/26/92 Hospitals: Kaiser Foundation Hospitals, a California non-profit or public benefit corporation By: Its: By: Its: C: \DMS\R JB.D I R\7053979. UP 7 6 / 2 6 / 9 2 Draft; Subject to Possible Modification at Council Meeting RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SECTIONAL PLANNING AREA PLAN AMENDMENT (SPA), EASTLAKE I PUBLIC FACILITIES FINANCING PLAN (PFFP), EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, KAISER CONDITIONAL USE PERMIT, KAISER PRECISE PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE I/KAISER PERMANENTE. WHEREAS, the area of land ("Amendment Area") which is the subject of this resolution consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of EastLake Parkway and more particularly described as the area labeled as "V-i" and "V-2" on the on Exhibit A, attached WHEREAS, this resolution proposes to ~ ........ ~ .... ~---~ we%l~l--modify all phases of the development plan for the Za~tLakc i% ~-~"~ ..... ~- Amendment Area at two levels. The first would be the overall redesignation of land uses in the bumincgg Activity ~eenter (formerly referred to under the existinq plan as the Village Center) and, secondly, the precise land uses for the Kaiser Permanente facility, currently referred to as the Medical Center. Those changes would be as follows: The land uses in the activity center would be modified to permit 17.3 acres of rctail office !~commercial as opposed to the currently approved 22.2~/ acres; the proposal would allow 1. Bud to check Office or Retail commercial. 2. Acreage to be determined by Bud Gray. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 1 6~! acres of office commercial as opposed to the 12 acres as currently proposed; the proposal would eliminate 18 acres (405 dwelling units) of residential land area; the proposal would reduce the acreage of open space and public facility from 19.6 to 11.9; the proposal would add to the activity center 30.6 acres for medical center, 2 acres for employment, and 4 acres of community purpose facility district for a total of 71.8 acres. At build-out, the Kaiser Permanente facility would consist of a 439-bed hospital, 485,000 square feet of medical and administrative office, 35,000 square feet of a central utility plant, a large parking structure, and other surface parking; and, WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area . Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment was approved to allow the Salt Creek I project; and, WHEREAS, the Final Supplemental Environmental Impact Report ("FSEIR") for this project (EIR-92-01) has been previously certified by the city Council of the City of Chula vista bv Resolution No. 16701 adoDted June 30, 1992 ("Certif¥inq Resolution"); and, WHEREAS, the Resource Conservation Commission reviewed the Draft Supplemental Environmental Impact Report (EIR-92-01) on May 18, 1992, and recommended the certification of the EIR; and, WHEREAS, the Resource Conservation Commission, on May 18, 1992, reviewed the Air Quality Improvement Plan and Water Conservation Plan and recommended approval; and, WHEREAS, the Design Review Committee recommended conditional approval of the Kaiser Precise Plan (Exhibit 12 of the SPA Plan Amendment Notebook) (all references to numbered Exhibits herein contained shall be to the SPA Plan Amendment Notebook) on June 8, 1992; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated herein by reference as 3. Another mystery. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 2 if set forth in full, made certain findings as set forth in their recommending Resolution Nos. PCM-92-02 and EIR-92-01 herein and recommended to the City Council the approval of said applicaticn~ modifications based on certain terms and conditions; and, WHEREAS, a public hearing having been noticed in accordance with Council policy was scheduled before the City Council of the city of Chula vista on the consideration of the EastLake I General Development Plan Amendment, EastLake I SPA Plan Amendment, EastLake I Public Facilities Financing Plan, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Planned Community District Regulation Amendment, Kaiser Conditional Use Permit, Kaiser Precise Plan and Kaiser Development Agreement on June 30, 1992; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby determine, find, and resolve and orders as follows: I. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council of the city of Chula Vista has reviewed and considered the Final Supplemental EIR-92-01 ("FSEIR"), the environmental impacts therein identified for this project, the Candidate CEQA Findings attached hereto as Exhibit 3-1, the proposed mitigation measures contained therein, the Mitigation Monitoring Program attached hereto as Exhibit 3-2, and the Statement of Overriding Considerations which is attached hereto as Exhibit 3-3. The city Council, by approving the FSEIR, has found that it was prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the procedures of the City of Chula Vista. The Certifying Resolution is incorporated herein by reference. III. CONDITIONAL APPROVAL The City Council does hereby conditionally approve the following: EastLake I General Development Plan (Exhibit No. 4), EastLake I SPA Plan Amendment (Exhibit 5), EastLake I Activity kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 3 Center Precise Plan Guidelines (Exhibit 6), EastLake I Public Facilities Financing Plan (Exhibit 7), EastLake I Activity Center Air Quality Improvement Plan (Exhibit 9), EastLake I Activity Center Water Conservation Plan (Exhibit 10), Kaiser Conditional Use Permit (Exhibit 11)~/, Kaiser Precise Plan (Exhibit 12), CEQA Findings (Exhibit 3-1), Mitigation Monitoring Program (Exhibit 3- 2), and the Statement of Overriding Considerations (Exhibit 3-3). The above referenced Exhibits are incorporated herein by reference. The following conditions shall be implemented, and the applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: A. General Condition--Develop the Project as Approved. The overall project as described in the Final Supplemental Environmental Impact Report shall be developed without variance from the description and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project. The planning and zoning permits listed above are subject to the following conditions: B. General Development Plan/Sectional Planninq Area Plan Conditions 1. All environmental impact mitigation measures as identified in FSEIR-92-01, Candidate CEQA Findings for this project (Exhibit 3-1), and the Mitigation Monitoring Program (Exhibit 3-2) shall be implemented. 2. The EastLake I Public Facilities Financing Plan shall be followed and improvements installed in accordance with said plan, or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improve- ments are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City may modify the sequence of improvement construction should conditions change to warrant such a revision, or the City may enter into a Development Agreement satisfactory to the City providing for withholding development. 3. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City 4. Is that all there is? One Page? kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 4 that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program have been implemented (Mitigation Measure 4.8.4.1). b. The grading permits shall be conditioned that once the hospital is constructed and occupied by patients, all major grading and site disturbance in the EastLake I SPA Amendment area south of the medical center should cease when the winds are from the south to the north. Construction should be stopped until the wind changes direction so as not to be blowing toward the hospital. The construction area should be watered down to minimize the potential for contaminants in the soil to become airborne. The City or its designated representative shall be responsible for issuing a cease order and authorizing grading to resume. As an option, but not as a requirement of this project, Kaiser Permanente could install an air filtration system to reduce particulate matter to meet State and Federal air quality standards (Mitigation Measure 4.8.4.2). c. Grading permits shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County Air Pollution Control District (APCD). The minimum content of such a program shall include: d. Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other equally effective dust palliatives shall be used if drought conditions limit water availability. e. Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. f. Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. g. Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. h. Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. i. Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 5 Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. j. All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.3). 4. Land Use a. Prior to issuance of any permits, the developer(s) shall obtain City Council approval of the proposed EastLake I General Development Plan and EastLake I SPA Plan amendment to permit a regional medical office center with supporting uses on the site (Mitigation Measure 4.1.4.1). 5. Traffic a. Unless a Development Agreement for the Kaiser Permanente Chula Vista Medical Center Conditional Use Permit otherwise provides and has a mechanism ensuring the thresholds are not violated, the City may withhold building permits for any units in the subject development if: (1) Regional development threshold limits set by the then current adopted Eastern Chula Vista Transportation Phasing Plan have been reached, or (2) Level of service exceeds the threshold standards in the then effective Growth Management Ordinance (Mitigation Measure 4.3.4.1). b. The developers of the project shall pay their Development Impact Fees, including the transportation component thereof, to mitigate the impacts discussed herein (Mitigation Measure 4.3.4.2). c. Prior to issuance of a building permit for any building within the Village Center (VC-1), that takes access on, or is adjacent to, a needed improvement; or prior to the issuance of kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 6 a building permit for Phase III of the Kaiser Permanente Chula Vista Medical Center, the following project-specific improvements shall be constructed or otherwise assured to the satisfaction of the City Engineer: (1) EastLake Parkway shall be widened to six lanes between Otay Lakes Road to north of Fenton Street; (2) improvements including traffic signals shall be made at the intersections of EastLake Parkway with Fenton Street and Miller Road, as illustrated on Figures 4-15 and 4-16 of the FSEIR and; (3) Otay Lakes Road shall be widened to eight lanes between EastLake Parkway and SR 125. Prior to the issuance of any building permit within the Village Center VC-2, sufficient right of way shall be set aside for the future widening of EastLake Parkway, unless the widening has already occurred due to development within Village Center VC-1 or the Kaiser Permanente Medical Center or unless the development takes access directly off EastLake Parkway. In this later case, EastLake Parkway shall be widened on the east side as a condition of the building permit. Prior to issuance of a building permit for Phases I and II of the Kaiser Permanente Chula Vista Medical Center, additional widening on EastLake Parkway to provide an additional westbound right turn lane at Otay Lakes Road shall be constructed, or otherwise assured, to the satisfaction of the City Engineer (Mitigation Measure 4.3.4.3). d. The median on Otay Lakes Road, between SR 125 and EastLake Parkway shall be designed to allow mid-block left turns into the properties on the north and south sides of Otay Lakes Road. The driveways on Otay Lakes Road shall be restricted to right turns in and out as illustrated in Figure 4-17 in the FSEIR. No traffic signal at the median break will be permitted (Mitigation Measure 4.3.4.4). e. Prior to approval of the proposed EastLake I SPA Plan Amendment, the Conceptual Master Precise Plan and supporting text in the EastLake I Activity Center Precise Plan Guidelines shall be revised to provide access from the future SR 125/Otay Lakes Road northbound off ramp to Fenton Street, as shown in Figure 4-18 (Interim pre SR 125) and Figure 4-19 (buildout) in the FSEIR. The location of this access shall be coordinated with Caltrans. The access road shall be constructed from Otay Lakes Road to Fenton Street, or otherwise assured to the satisfaction of the City Engineer, prior to issuance of any building permit for development within VC-1 which requires access, or would benefit by access to this connection, or for any building permit within the Kaiser Permanente Medical Center (Mitigation Measure 4.3.4.5). kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 7 f. Z/The Kaiser Permanente Medical Center is hereby conditioned to prohibit approval of the building permit for Phase III, unless the city~.~..~ .......... ~ ..~- dc~igncc is satisfied that adequate capacity exists to accommodate the additional traffic by one or any combination of the following means: (1) The applicant obtains a deferral agreement sufficient in the opinion of the City .......... ~~ ~csig ...... ~ ........ nee to obligate the holder of rights to previously approved development to not apply for building permits for development which has been included in the traffic study in this EIR for the Pre-SR 125 condition, provided that the City Manager or his designee agrees that subtracting the traffic impacts from such deferred development eliminates the significant traffic impacts of Phase III identified for the Pre-SR 125 Condition; or (2) Additional traffic studies, which may review the actual traffic generation of Phase I and Phase II medical facilities, indicate that to the satisfaction of the City Manager or his designee, that adequate capacity exists to accommodate the additional Phase III traffic; or (3) Additional traffic studies, which establish "additional capacity" in the existing roadway system, indicate to the satisfaction of the City Council ~ ~- ~~~ .... adequ p ity .......... ~ .... that ate ca ac exists to accommodate the additional Phase III traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (4) The "Approve~ Projects" assumptions of the City's Transportation Phasing Plan ("TPP") are revised to show that adequate 5. This section and subsections need to be redone to repeat the general provisions of the Development Agreement. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 8 capacity exists to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (5) Applicant and/or other developers implement transportation demand management measures which in the opinion of the City Manager or his designee will create adequate capacity to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (6) Currently planned or assumed development within the eastern regions of the City are reduced or eliminated or any other facts or assumptions come to the attention of the City Manager or his designee indicating that adequate capacity exists to accommodate additional traffic; or (7) SR 125 or an acceptable interim facility has been assured. (Mitigation Measure 4.3.3.6) g. Prior to issuance of a building permit for Phase III of the medical center, the applicant may, at its option, submit an acceptable traffic study under the direction of a registered traffic engineer. This study may compare the actual trip generation rate based on the total trip count of the medical center or the Kaiser Zion facility and various other factors and assumptions used in the FSEIR and ~ctcrminc study and make recommendations with reqard to what modifications, deletions, or additions to the road improvements, if any, will be necessary to accommodate Phase III traffic volumes (Mitigation Measure 4.3.4.7) city will consider such study in determininq what modifications, deletions or additions to the road improvements, if any, City will require to accommodate Phase III traffic volumes. h. If construction of SR 125 or an acceptable interim facility becomes a condition to the occupancy of Phase III under Mitigation Measure 4.3.4.6, then prior to issuance of any building permits for Phase III of the medical center, a Project kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 9 Study Report shall be approved by Caltrans for the construction of a northbound on ramp and southbound off ramp on SR 125 at EastLake Parkway unless traffic studies indicate the ramps will not be required; then the Project Study Report is not required. If the ramps are required as a result of the project study, construction of these ramps shall be completed, or financially assured~ to the satisfaction of the City Engineer and Caltrans, prior to issuance of a building permit for any building within Phase III. Financial assurance means any mechanism in place, either through a regional funding mechanism or payments by local development, that will guarantee that the funding is available to construct the improvements when required (Mitigation Measure 4.3.4.8). 6. Hazardous Materials a. Prior to issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista that no pesticide contaminated soil would be moved or exposed during grading. Should contaminated soil be potentially encountered, an industrial hygienist shall be consulted to determine specific health and safety measures for onsite construction workers. The assessment should include soil sampling and analysis for the presence and/or concentration of chlorinated herbicides and pesticides (Mitigation Measure 4.5.4.1). 7. Drainaqe a. Prior to issuance of a grading permit, a temporary maintenance program shall be established by the developer(s) to minimize the effects of soil erosion and debris. The program shall include temporary erosion control planning during construction in accordance with standards established by the City of Chula Vista such as the use of sandbags, silt fences, landscaping, and temporary desilting basins. Development of the subject project must comply with all applicable regulations established by the United States Environmental Protection Agency (EPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater discharge. In addition, the developer shall be required to obtain an NPDES construction permit from the State Water Resources Control Board and to submit pollutant control and monitoring plans to the Regional Water Quality Control Board for approval prior to the issuance of grading permits (Mitigation Measure 4.6.4.1). b. Prior to issuance of a grading permit, onsite facilities for storm water collection shall be designed and kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 10 constructed to handle 50-year peak discharges (Mitigation Measure 4.6.4.2). c. Prior to issuance of building permits; fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance with the drainage fee program (Mitigation Measure 4.6.4.3) . 8. Geology a. All improvements shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies (Mitigation Measure 4.7.4.1). 9. Water a. Prior to issuance of a building permit, the developer(s) shall agree to whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, the developer(s) shall implement the approved EastLake I Activity Center Water Conservation Plan (Mitigation Measure 4.10.4.1). b. Prior to the issuance of a building permit, the developer shall comply with Otay Water District (OWD) fee policies or existing agreements with OWD relating to terminal storage (Mitigation Measure 4.10.4.2). 10. Sewer a. Prior to the issuance of a building permit, the developer shall satisfy the wastewater development fee obligation including current sewer capacity fees, as adopted by the City of Chula Vista, to fund trunk sewer and other upgrades identified by the City for the Telegraph Canyon Trunk Sewer (Mitigation Measure 4.10.4.3) . 11. Fire Protection a. Prior to issuance of a building permit, a facility to adequately respond to fire emergencies shall be operational (Mitigation Measure 4.10.4.4). b. The requirements of the EastLake I Public Facilities Finance Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan and the EastLake I Activity Center Air Quality Improvement Plan are kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 11 hereby incorporated into the conditions of approval of the EastLake I SPA Plan Amendment (PCM-92-01). C. Conditional Use Permit Conditions The applicant for the Medical Center Use, to wit: Kaiser HosPitals, Inc., shall be permitted to use the 30.6 acres parcel identified in Exhibit 11, identified as ("Site Plan, Phases I, II and III, Kaiser Permanente Medical Center") as a medical center on ~he following conditions which shall be implemented and the Applicant's continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: 1. Visual Quality a. Prior to issuance of a building permit for any phase of the medical center, the applicant shall submit final building and landscape plans which implement the architecture and landscape plans illustrated on the plans contained in the FSEIR and/or approved by the City's Design Review Committee (DRC). All required landscaping shall be in place prior to issuance of a certificate of occupancy for the first building in each phase of the medical center. (Mitigation Measure 4.2.4.1) 2. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program, including but not limited to implementation of a Transportation Demand Management (TDM) program among employees, have been implemented. (Mitigation Measure (4.8.4.4) b. The grading permit shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County APCD. The minimum content of such a program shall include: (1) Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other quality effective dust palliatives shall be used if drought conditions limit water availability. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 12 (2) Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. (3) Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. (4) Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. (5) Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. (6) Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. (7) All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m. and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.5) 3. Noise kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 13 2,/e_.,,-/3 a. Prior to approval of building permits for the hospital, interior noise studies shall be submitted to the City which demonstrate that interior noise levels will not exceed 45 dB(A). Appropriate architectural materials shall be incorporated into the building plans to achieve this 45 dB(A) interior standard. (Mitigation Measure 4.4.4.1) 4. Hazardous Waste a. The applicant shall prepare a Hazardous Materials Business Plan and Biomedical Waste Management Plan. These plans shall be approved by the County of San Diego Hazardous Materials Management Division (HMMD). Annual inspections by the HMMD shall be conducted to ensure compliance with County and State regulations. The applicant shall provide evidence to the City of Chula Vista that these requirements have been satisfied before a certificate of occupancy is approved for the first phase of the Kaiser Permanente Chula Vista Medical Center. (Mitigation Measure 4.5.4.2) 5. Drainage a. Prior to issuance of the grading permit for the proposed medical center, Kaiser Permanente shall submit drainage plans to the City Engineer which will confirm to the satisfaction of the City Engineer that the drainage plans conform to the drainage studies prepared for this EIR or further environmental review will be required. All storm drain facilities downstream of the medical center shall have the capacity to accommodate the additional flow resulting from the proposed change in grading patterns, or maintain the existing direction of on-site drainage southwesterly toward the detention basin. (Mitigation Measure 4.6.4.4) b. Prior to issuance of the grading permits for the medical center, fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance the drainage fee program. (Mitigation Measure 4.6.4.5) 6. Geology a. Prior to issuance of a grading permit for the proposed medical center, Kaiser Permanente shall provide a final Foundation Investigation and detailed soils analysis. The final Foundation Investigation shall be approved by the City Engineer and shall satisfy the requirements of the Office of the State Architect and the California Division of Mines and Geology if appropriate for medical center building sites. Building plans for the medical center facility shall incorporate foundation design criteria set kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 14 forth in the final Foundation Investigation to the satisfaction of the Office of the State Architect. (Mitigation Measure 4.7.4.2) b. All improvements associated with the medical office building shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies. (Mitigation Measure 4.7.4.3) 7. Water a. Prior to issuance of a building permit, Kaiser Permanente shall agree to participate in whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, Kaiser Permanente shall be required to implement the approved EastLake I Activity Center Water Conservation Plan. (Mitigation Measure 4.10.4.5) 8. Sewer a. Prior to approval of final grading plans for the medical center, the Wastewater System Subarea Master Plan for EastLake shall be approved by the City Engineer and shall include changes necessary to accommodate the medical center use. (Mitigation Measure 4.10.4.6) b. Prior to the issuance of a building permit, the developer(s) shall be required to pay for all costs associated with revising the Telegraph Canyon Sewer Basin Plan to include the additional flows associated with the medical center. The revised plan will stipulate any additional required improvements and any changes in phasing. Prior to approval of building permits for the medical center, the developers shall pay the total cost of any facility required to specifically serve the medical center within the EastLake I SPA area and its proportionate share of the costs of the basin-wide improvements included in the Revised Basin Plan. (Mitigation Measure 4.10.4.7) c. Prior to issuance of the building permits for Phases I and II, sewer capacity fees shall be paid based on projections included in Section 4.10 and Appendix J of the FSEIR. (Mitigation Measure 4.10.4.8) d. Prior to issuance of the building permit for Phase III, sewerage generated by Phases I and II will be evaluated. Sewer capacity fees for all three phases of the proposed Kaiser Permanente Chula Vista Medical Center shall be adjusted based on the actual sewage volume generated in Phases I and II. Payment of fees shall occur prior to issuance of the building permit for Phase III. (Mitigation Measure 4.10.4.9) kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 15 9. Fire Protection a. Prior to issuance of a building permit, Kaiser Permanente shall deposit with the City of Chula Vista adequate funds to provide reimbursement to the City through a deposit account for full costs related to plan check and fire inspection services. The City, at its option, may hire contractual fire inspectors to provide this service. (Mitigation Measure 4.10.4.10) b. Prior to issuance of the building permit for the proposed Kaiser Permanente Chula Vista Medical Office Building, construction plans shall incorporate fire department standards. The construction plans shall be reviewed and approved by the Fire Marshall or designee. The standards shall include, but not be limited to, the following: (1) Fire flow shall be 8,000 gallons per minute. This may be reduce to 4,000 if all structures are provided with a fire sprinkler system. (2 Commercial fire hydrants will be required; locations to be determined with plan review. (3 A fire alarm system will be required. (4 The project will require 20-foot access and unimpaired vertical clearance of 13'6" minimum for fire apparatus. (Mitigation Measure 4.10.4.11) D. Precise Plan Conditions~ The applicant for the Medical Center Use, to wit: Kaiser Pemanente Hospitals, Inc., shall be permitted to construct structures and other improvements on the 30.6 acre parcel identified in Exhibit 11, identified as ("Site Plan. Phases I, II and III, Kaiser Permanente Medical Center") in accordance with the "Desiqn Review/Precise Plan Submittal" contained in Exhibit 12, except as modified therein and then, only in compliance with the i diti m~^ ~^~^,,~ ..... ~- hi follow nq con ons, .............. ~ ............ w ch shall be implemented and the Applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions. 6. What does this title function to do? Why are these conditions different from the Precise Plan? kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 16 1. Approval of this project shall be contingent upon approval of the EastLake I General Development Plan and EastLake I Sectional Planning Area (SPA) plan amendment for EastLake I, approval of CUP 92-10, approval of the amendment to the Master Grading Plan, and approval and adoption of the EastLake I Activity Center Precise Plan Guidelines and Conceptual Master Plan for the EastLake Activity Center. Final plans for the Kaiser Precise Plan shall be subject to staff approval. 2. Any mitigation measures identified by FSEIR-92-01 are hereby incorporated herein and shall be implemented. 3. The final site development plan shall indicate the precise number and locations of handicap, van, camper and emergency vehicle parking stalls, and shall be subject to staff review and approval. 4. The proposed parking structure design shall be modified as follows: a) The Phase II parking segment shall be reduced from 7 levels to 6 levels. b) The southern portion of Phase III shall be reduced from 9 levels to 6 levels. c) The northern portion of Phase III shall be reduced from 9 levels to 7 levels and horizontal staggering of the upper parking levels along EastLake Parkway shall be incorporated along the northerly facing parking structure elevations. d) Additional articulation (recesses, projections, planter areas) shall be provided on the easterly facing parking structure elevations. 5. A detailed landscaping and irrigation plan shall be submitted to the City Landscape Architect for review and approval prior to issuance of building permits for any structure within Phase I of the medical center. 6. The proposed parking structure design shall incorporate a landscape planter area around the perimeter of the upper levels of the parking structures. Specific information on the proposed number, design and locations of planters as well as planter landscaping materials shall be submitted to staff for kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 17 review and approval prior to issuance of building permits for Phase I of the medical center. 7. The final landscaping and irrigation plan shall provide specific tree size information, detailed roof garden treatment and hardscape materials specifications. 8. The proposed plant palette shall incorporate a substantial number of drought tolerant materials. The ultimate plant material selection shall include "vernacular Californian" shrub and tree species. 9. Landscaping and a full-height decorative screen wall shall be provided along the southerly and westerly side of the utility yard. Screen wall design details shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 10. Details and/or specifications for the entry canopy, covered walkway and pedestrian bridge design shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 11. Specific exterior wall color and building materials samples for all structures within the facility shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 12. A comprehensive sign program shall be submitted to staff for review and approval prior to issuance of any sign permits. 13. Approval of this project shall be contingent upon compliance with all City of Chula Vista Planning, Engineering, Fire and Building and Housing Department requirements and any additional requirements imposed by the State Architect's Office. 14. The loading docks shall be screened visually and for truck noise from the courtyard area. 15. The entry to the central utility plant shall be used additionally for visual screening. 16. The parking structure screens may be solid as portrayed on the precise plan drawings or may be in accordance with either sketches 1 or 2 from precise plan page S20. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 18 IV. FINDINGS--CONSISTENCY WITH GENERAL PLAN, SECTIONAL PLANNING AREA PLAN, CONDITIONAL USE PERMIT, PRECISE PLAN, AND OTHER FINDINGS. A. General Development Plan Findinqs 1. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. An analysis of the EastLake I General Development Plan found that the project is in conformance with the Chula Vista General Plan with respect to all applicable issues including: land use patterns and intensities, circulation, public facilities, conservation and open space, and environmental protection. 2. A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREAS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. Both an approved Sectional Planning Area (SPA) Plan and subdivision map currently exist for the amendment area. The applicant has submitted a SPA Plan Amendment and a subdivision map revision to amend these documents for consistency with the general development plan amendment. Concurrently, a precise plan has also been submitted for 30.6 acres within the amendment area which is programmed for near-term construction. 3. IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH AND PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREAS AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS, AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The EastLake I General Development Plan Amendment proposed no residential uses. 4. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 19 ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The EastLake I General Development Plan Amendment proposes a small increase (2.0 acres) in the amount of industrial or research uses. These uses are located adjacent to similar uses within the developing EastLake Business Center. These uses will by governed by the EastLake I Planned Community District Regulations and EastLake I Activity Center Precise Plan Guidelines which provide land use regulation, development and design standards which will assure the long term integrity of the Activity Center. All public facility needs have been provided for in the EastLake I Public Facilities Financing Plan. 5. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH. The EastLake I General Development Plan Amendment proposes to modify the Activity Center along future Route 125 freeway planned for shopping, community park, high school, church sites, and other high intensity uses to include a Kaiser Medical Center. This new use, along with the previously approved uses, are separated from the residential neighborhoods by EastLake Parkway and future SR-125 thereby preserving the desirability and stability of the residential areas. 6. THE STREETS AND THOROUGHFARE PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Final Supplemental Environmental Impact Report contains a traffic analysis of the proposed amendment prepared in accordance with the proposed land uses and circulation element of the Chula Vista General Plan. The resulting analysis indicates that subject to the conditions imposed by this Resolution (in Section f), the existing or proposed streets will be adequate to carry the anticipated traffic. The project will build or provide funding for street modifications on and off-site to carry the anticipated traffic in accordance with the City's threshold criteria. 7. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 20 AND WILL PROVIDE ADEQUATE COM~ERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amount, type and location of neighborhood commercial development is adequate to serve the nearby residential uses. Major shopping needs can be adequately met by commercial areas in Chula Vista. 8. THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EastLake I General Development Plan amendment will not impact the planned land use of adjacent areas. The majority of the property located near the amendment area is within an approved SPA Plan area or is currently being processed for SPA Plan approval. These plans were taken into consideration in the evaluation of the proposed amendment. B. Sectional Planninq Area Findinqs 1. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The EastLake I Sectional Planning Area Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the amended EastLake I General Development Plan and the Chula Vista General Plan. 2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The EastLake I SPA Plan, EastLake I Public Facilities Finance Plan, EastLake I Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan contain provisions and requirements to ensure the orderly, phased development of the project. The EastLake I Public Facilities Financing Plan specifies the public facility projects required by the amended EastLake I SPA Plan and also the regional facilities needed to serve the uses. 3. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 21 The land uses within the EastLake I SPA Plan Amendment area represent a continuation of the master planned community elements established with the development of EastLake I. The project has been planned in a fashion to incorporate established community theme elements that integrate well with adjacent land uses and avoids off-site impacts through the provision of mitigation measures specified in the Final Supplemental Environmental Impact Report for the proposed amendment. Implementation of the EastLake I Activity Center Precise Plan Guidelines will assure that quality development with high aesthetic and functional standards will be constructed. C. Conditional Use Permit Findings 1. THAT THE PROPOSED USE AT THE LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY. Approval of the request will provide an acute care hospital and related medical facilities to the developing Eastern Territories thus serving the needs of the community and planning for the future needs of eastern Chula Vista. Data provided by Kaiser Permanente documents the current and projected membership, facility usage levels, and floor area requirements to support the need for the proposed facility. 2. THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY. The proposed facility will be constructed according to plans reviewed and approval by responsible State agencies, as well as detailed City review via the precise plan process. All potential impacts associated with the project have been identified and assessed in the project FSEIR. All necessary mitigation measures have been identified and will be monitored through the mitigation monitoring program. 3. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. The proposal will be required to comply with all applicable codes and conditions and regulations prior to the issuance of development permits. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 22 4. THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY GOVERNMENT AGENCY. Approval of the permit is consistent with the General Plan and General Plan policy to encourage the establishment, expansion, improvement and modernization of hospitals and related health facilities within the Chula Vista Planning Area. D. Precise Plan Findinqs 1. THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; The proposed development will provide the residents of Chula Vista with a hospital and medical facility which will be conveniently located to serve the Eastern Territories of the City and the South San Diego County sub-region. The proposed parking is in excess of the minimum standards established by the City. Traffic circulation will be improved by the installation of specific on-site and off-site improvements established by the City Engineer. 2. THAT SUCH PLAN SATISFIES THE PRINCIPLES OF THE APPLICATION OF THE PRECISE PLAN MODIFYING DISTRICT AS SET FORTH IN SECTION 19.56.041; The project is in substantial compliance with the principles of the P modifying district. 3. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTRICT; No deviations from the underlying zoning requirements and master precise plan requirements for the EastLake I Activity Center have been requested as part of this proposal. 4. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICIES OF THE CITY. The project site is currently designated for Commercial/Retail uses. A General Development Plan Amendment and kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 23 a Sectional Planning Area (SPA) plan amendment for EastLake I will be processed concurrently with a conditional use permit and precise development plan for the proposed facility and will address any existing land use inconsistencies. E. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS. 1. Adoption of Findings. The City Council does hereby approve and incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. 2. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document (EIR-92-01) and the CEQA Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. 3. Feasibility of Alternatives. As is also noted in the environmental documents referenced in the immediately preceding paragraph alternatives to the project which were identified as potentially feasible were--are found not to be feasibleZ/. d. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit 3-2 to this resolution and incorporated herein by reference as set forth in full. The Council hereby finds that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. 7. Bud Gray: Please state why the alternatives are infeasible. kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 24 e. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and altcrnativcs, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista does hereby issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. V. NOTICE OF DETERMINATION The Environmental Review Coordinator of the city of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. VI. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. VII. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by:~A ed~ ~ ~'~1~ a~ tt~rm bY: ~/~ Robert A. Leiter /Br~ce M. Bo6gaar % ~ Director of Planning City Attorney fl kaiser28.wp Resolution Approving Entitlements; Findings June 26, 1992 Page 25 - 2g COUNCIL AGENDA STATEHENT ITD4TITLE: Public Hearing Consideration of establishing Underground UttlJty D~strJct No. 122 on Fourth Avenue from 'E' Street to a poJnt approximately 100 feet south of State HJghway 54 Resolution l~b~ EstabltshJng Underground Ut4lJty OJstrJct No. 122 on Fourth Avenue from "E~ Street to a potnt approxJmately 100 feet south of State Highway 54 and authorizing the expendJture of allocation funds to subsJdJze sJngle famtly resJdentJal servtce lateral conversions / SU~I~ BY: O~rector of Public Norks~ REVI~EO BY: City Manager~ (4/5ths Vote: Yes No~) On April 28, 1992, by Resolution No. 16605, the City Counctl ordered a publJc hearing to be held on June 23, 1992, to determine whether the pub]Jc health, safety, or general welfare require the formation of an Underground UttlJty DJstrtct on Fourth Avenue between "E" Street and a pofnt approximately 100 feet south of State H~ghway 54. REC~ENDATION: That Counct1: l. Conduct a public hearing on the formation of the conversion dJstrJct. 2. Adopt a reso]ut~on forming the district and authorJzJng the use of $]1,400 of allocation funds to subsidize eJght slngle famJly restdentJal service lateral convetsJons. ~A~S/C~ISSIONS RECO~ENOATION: Not applJcable. DISCUSSION: The Underground Utility Advisory Co=Jttee, consisting of representatives of SOGaE, Pacific Bell, Cox Cable TV, Chula Vista Cable and the Ctty staff agreed to propose to Council the formation of a dlstrJct to convert the overhead facilities along Fourth Avenue from "E~ Street to a potnt approxJmately lO0 feet south of State Highway 54. ThJs project Js on the Counctl's approved priority llst and ts ~n accordance ~Jth the adopted Underground Utility Program. The proposed utility undergroundJng dJstrtct along Fourth Avenue Js about 3,800 feet long running from "E" Street to a potnt approxJmately 100 feet south of State Highway 54 (please see ExhtbJt 'A"). The estJmated cost for undergroundtng the ut~lJtJes ~s $2.4 million. South of the proposed dtstrJct, undergroundtng of overhead utJlJtJes has been completed. The Average Oatly Traffic (ADT) count on Fourth Avenue ranges from 23,400 between HJghway 54 and "C" Street to ~7,600 between "C" Street and "E~ Street. Page 2, Item ~_~_~ Heettng Date 5/23/92 Staff recommends the formation of this conversion district along this section of Fourth Avenue because: 1. Fourth Avenu~ is a major entrance into the City. of Chula ~1 The undergroundin~ of existing overhead utilit!es w~ll contril ) to the creation of anXaxesthet~cally pleasing access ~nto the Cttyfr~ the north. \ / 2. Fourth Avenue is ~Llassified to be a six-lane major str it~/bet ~en Highway 54 and 'C' Street ~qd a four-lane major street between ~' Street and E' Street. ~ 3. The City will use SOG&E~allocation funds based on 20-A Otstribution Formula to fund this t. 4. Undergrounding has been leted on Fourth south of "E' Street thus making the proposed an exte~ of an undergrounded section. Section 15.32.130 of the Chula Vista ~icipal requires the City Council to set a public hearing to determine public health, safety and general welfare requires the under, existing overhead utilities within designated areas of the City and ive persons the opportunity to speak in favor of or against the on of a proposed district to underground utilities. The purpose of the district is to require the utility companies to underground all overl and to remove all existing wooden utility poles within the distric require property owners to convert their service connections to at their expense. The conversion work by the property trenching, backfill and conduit installation from property l' to Chula Vista City Council Policy No. 585-1 es a ~ism that reduces the property owner's cost for the conv from the ribution lines to the residence. The mechanism is based the following ions: ]. Funding is limited to residential es. 2. Funding is limited facilities which c traditionally supplies/installs such trenching and conduit from )erty line to point of connection. 3. Funding shall not the estimated cost of trenching ~qd conduit installation for up.to feet of the private service lateral. ~ There are eight properti located within the proposed district eligib~L~ for this subsidy. The prop. owners are responsible to provide the underg~qund service and the util )anies will reimburse the owner an amount (setXJ3y Council) which only a portion of the owner's total cost. The reimbursable amounts to the property owners will be paid by the utility companies through the City after the project is completed. We have determined '- that the eight property owners should be subsidized as follows: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUNDUTILITY DISTRICT NO. 122 ON FOURTH AVENUE FROM "E" STREET TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE HIGHWAY 54 AND AUTHORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE SINGLE-FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS The city Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, by Resolution No. 16605, a public hearing was called for 6:00 p.m. on Tuesday, the 23rd day of June, 1992, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said city, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the city more particularly described as follows: All that property lying along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54 and enclosed within the boundary as shown on the plat attached hereto as Attachment "A" of subject Underground Utility District. and WHEREAS, notice of such hearing has been given to all' affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the _ boundaries of said District. 1 BE IT FURTHER RESOLVED that the city Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. Fourth Avenue is a major entrance into the City of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing access into the City from the north. 2. Fourth Avenue is classified to be a six-lane major street between Highway 54 and "C" Street and a four-lane major street between "C" Street and "E" Street. 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. 4. Undergrounding has been completed on Fourth Avenue south of "E" Street, thus making the proposed district an extension of an undergrounded section. BE IT FURTHER RESOLVED that. the expenditure of $11,400 of allocation funds to subsidize 8 single-family residential service lateral conversions is hereby authorized. 2 John P. Lippitt, Director of Bruce M. Boogaard,~ty Public Works Attorney C:~=~ 3 COUNCIL AGENDA STATEMENT Item~ Meeting DaLe 6/30/gg ITEM TITLE: Public Hearing: Consideration of establishing Underground Utility District No. ]24 on OLay Valley Road from Oleander Avenue to Nirvana Avenue Resolution I L~ Establishing Underground Utility District No. ]24 on Otay Valley Road from Oleander Avenue to Nirvana Avenue SUBMII-[ED BY: Director of Public Works ~ REVIEWED BY: City Manager~]q ~.~t~- (4/$ths Vote: Yes__No x ) On June g, 1992, by Resolution No. ]6654, the City Council ordered a public hearing to be held on June 30, 1992, to determine whether the public health, safety, or general welfare require the formation of an underground utility district on Otay Valley Road from Oleander Avenue to Nirvana Avenue. RECOMMENDATION: That Council: 1. Conduct a public hearing on the formation of a conversion district. 2. Adopt a resolution forming the district. BOARDS/CO~IMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC) consisting of representatives of SDG&E, Pacific Bell, Cox Cable TV and the City, agreed to propose to the City Council the formation of a utility underground district for conversion of the overhead facilities along Otay Valley Road from Oleander Avenue to Nirvana Avenue. The proposed utility undergrounding district along Otay Valley Road is about 4,600 feet long running from a point 100 feet east of Oleander to Nirvana Avenue (please see Exhibit "A"). The estimated cost for undergrounding the utilities is $662,000. West of the proposed district, undergrounding of overhead utilities is scheduled to be completed through Underground Utility District No. 120 which extends from 500 feet east of Melrose Avenue to 100 feet east of Oleander Avenue. Underground Utility District No. 120 was established by the City Council on June ]3, 1989, through the adoption of Resolution No. 14129. The average daily traffic (ADT) count in this reach of Otay Valley Road is 15,170 vehicles per day. Staff recommends the formation of this conversion district along this section of Otay Valley Road because: 1. Otay Valley Road is a major thoroughfare serving a major industrial and manufacturing base in South Chula Vista. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to that area of the City. Page 2, Item2._.~ Heeting Date 6/30/92 2. The project is a continuation of Underground Utility District No. 120 which extends from 500 feet east of Melrose Avenue to a point approximately 100 feet east of Oleander Avenue. 3. The project will be completed as part of an overall street improvement project on Otay Valley Road that extends from 1-805 to Nirvana. 4. The City will use SDG&E allocation funds based on the Rule 20A distribution formula to fund this project. This will help reduce the assessment amount for the street improvement project. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City and to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the district. The property owners along the subject street section will not be affected since the district boundary falls along the right-of-way lines and all property owners in the area already receive service from underground facilities. Subsequent to the formation of the district, the Director of Public Works will submit to the Council a resolution setting the date for the property owners to be ready to receive underground facilities and the date for the removal of all poles in accordance with the City of Chula Vista Municipal Code. A submission of the resolution to the City Council will occur after the utility companies have agreed on a schedule for the project. A transparency is available showing the proposed boundary of the district. FISCAL IMPACT: The cost of pole removal and undergrounding of overhead facilities along Otay Valley Road between Oleander and Nirvana Avenues as outlined above is estimated to be $662,000. SDG&E's allocated funds (Rule 20A) will cover the estimated cost of the project. SMN:KY-078, AO-060 WPC 6037E RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHINGUNDERGROUND UTILITY DISTRICT NO. 124 ON OTAY VALLEY ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE The city Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, by Resolution No. 16654, a public hearing was called for 6:00 p.m. on Tuesday, the 30th day of June, 1992, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the city more particularly described as follows: All that property lying along Otay Valley Road from Oleander Avenue to Nirvana and enclosed within the boundary as shown on the plat attached hereto as Attachment "A" of subject Underground Utility District. and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property 1 owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said city Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. Otay Valley Road is a major thoroughfare serving a major industrial and manufacturing base in South Chula Vista. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to that area of the City. 2. The project is a continuation of Underground Utility District No. 120 which extends from 500 feet east of Melrose Avenue to a point approximately 100 feat east of Oleander Avenue. 3. The project will be completed as part of an overall street improvement project on Otay Valley Road that extend from 1-805 to Nirvana. 4. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. This will help reduce the assessment amount for the street improvement project. ~ m by /~ Presented by Ap ~0~ d as. to/~r John P. Lippitt, Director of ~ruce M. Boog~ar~,/city Public Works Attorney ~ CITY COUNCIL AGENDA STATEMENT MAY 26 MEETING .......... CONTINUED FROM ~ Meeting Date ITEM TITLE: PUBLIC HEARING: TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY VALLEY ROAD STREET WIDENING PROJECT RESOLUTION 16644 Determining Public Interest and Necessity for acquiring and authorizing the condemnation of certain real property within the Otay Valley Road Street Widening Project along Otay Valley Road between Interstate 805 and the eastern boundaries of the City, in Chula Vista, California SUBMITTED BY: Community Development Director ~ ~ ' REVIEWED BY: City Manager ~j(~ ~!I I~7~'i~:~' (4/Sths Vote: Yes X No ___) BACKGROUND: This item was continued to this evening from the City Council meeting on May 26, 1992, due to the inter-related continued public hearing that same night regarding the formation of the Otay Valley Road Assessment District (90-2). In order for the remaining property easements to be acquired for the purposes of constructing the road improvements planned under the Assessment District, it is necessary for the Council to hold the public hearing and deliberate upon the request to adopt the Resolution of Necessity ("Resolution") to acquire the remaining necessary right-of-way and appurtenant easements through eminent domain. The City is attempting to acquire easements to the properties as opposed to fee title. The authority to conduct this proceeding is derived from, and being commenced under, California Code of Civil Procedure, Section 1240.030, and California Code of Civil Procedure Sections 1245.210 - 1245.270. RECOMMENDATION: Conduct the public hearing and adopt the Resolution of Necessity. Page Z, Item/-] Meeting Date 06/30/92 DISCUSSION: Section 1240.030 of the California Code of Civil Procedure provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: 1. The public interest and necessity require the project. 2. The project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. That either the offer required by Section 7267.2 of the Government Code has been made to the owners of record, or that the offer has not been made because the owner cannot be located with reasonable diligence. The property owners that are the subject of the Resolution were properly notified of the initial scheduled public hearing of May 26, 1992, by certified and first-class mail dated May 7, 1992, pursuant to the requirements set forth in the Code of Civil Procedures Sections 1245.235 (a) and (b). The notices advised, among other things, that the amount of compensation to be paid for their property is not a part of this proceeding and that their comments should address only the conditions listed above. Following, is a discussion of the four conditions which must be established in order for the Resolution to be adopted: Condition 1: By virtue of the Council certifying the Final Environmental Impact Report (FEIR) on April 21, 1992, the Council has provided the framework for establishing that the public interest and necessity require the project. As a summary statement, the widening of Otay Valley Road is consistent with the City of Chula Vista's General Plan Update which designates it as a six lane prime arterial and major street, and is in accordance with the goals and objectives of the adopted Otay Valley Road Redevelopment Project Area Plan that specifically calls for the elimination of environmental deficiencies which includes inadequate street improvements. The following conditions further establish the public interest and necessity for the project: A. The current facility is unsafe for the high speed and high level of current usage. The project will provide a safe and modern facility to accommodate current and future traffic needs. B. The current two-lane facility is inadequate to handle the current traffic volume of 15,000 to 16,000 ADTs. Four lanes are necessary for the current volume, with the two additional lanes being provided for future development traffic impacts. Page 3, Item ~.'I Meeting Date 06/30/92 C. The current facility lacks curbs and sidewalks east of Brandywine Avenue which renders it unsafe for pedestrians. Condition 2: Otay Valley Road travels east to west, and the portion to be widened lies between Interstate 805 and the eastern City limits. This area has physical barriers on both the north and south sides that preclude the project from being located in a different manner. To the north lies subdivided and developed properties in some areas, along with steep and substantial slopes in other areas. To the south lies primarily vacant, undeveloped properties and wetlands. In order for the project to be located in a manner that is compatible with the greatest public good and the least private injury, the road must be widened on the south side. This location will minimize impacts upon developed property, along with avoiding excessive grading and construction costs. Summarily, the statements set forth below establish that the project is planned or located in a manner that is the most compatible with the greatest good and the least private injury: A. If the road were to be widened along the north side, existing businesses would have to be relocated or at a minimum, the setback areas would have to be severely impacted. B. On the north side of Otay Valley Road east of Nirvana, there are steep slopes that, if the widening were to occur there, would result in substantially greater grading costs and construction concerns. C. The south side of Otay Valley Road is the most desirable side for widening purposes since development is sparse, along with substantial setbacks. The project could not be located further south, due to the presence of sensitive wetlands area. Condition 3: The property easements sought to be acquired are necessary for the project because it lies within the proposed right-of-way, slope easement, and temporary construction easement boundaries on the south side of the existing Otay Valley Road generally located between Interstate 805 and the eastern City boundary. Acquisition plats with the accompanying legal descriptions, provided as exhibits to the Resolution, validate that the property is necessary for the project. Specifically, the new facility will require 128' of Right-of-Way (ROW). Condition 4: Ryals and Associates was retained by the City of Chula Vista to perform acquisition services for this project. Of the property necessary for the project, settlements were not reached with four (4) property owners covering five (5) parcels. Final Offers were made, pursuant to the requirements of Government Code Section 7267.2, on April 29, 1992, and May 1, 1992, respectfully. Rick Ryals, Ryals and Associates, is present this evening to discuss any specific questions relative to the acquisition efforts. Page 4, Item Meeting Date 06/30/92 For the puq~ose of clarity, the remaining property rights sought under the Resolution, along with the corresponding parcel numbers and date of Final Offers appear on the following page: Owner Parcel No(si .Final ~ Offer Atomic Investments 624-060-45 04-29-92 $ 98,200 Leonard Teyssier Jaginco, L.P. 644-040-40 04-29-92 $472,000 Borst Family Trust H.G. Fenton Company 644-050-06 05-01-92 $ 85,700 644-050-07 H.G. Fenton Company 644-050-02 05-01-92 $ 52,100 Nelson & Sloan Materials In summary, the four (4) conditions which need to be established in order to adopt the Resolution have been met. The City, through its Acquisition Consultant have made the appropriate efforts to acquire the easements at or above the Fair Market Value without the use of eminent domain. Unfortunately, the parties have reached an impasse, and therefore, in order to proceed with the project as planned, the easements need to be acquired through the use of eminent domain. FISCAL IMPACT: All property acquisition costs associated with the street widening project is to paid/reimbursed from the Assessment District. Therefore, there is not an impact on either the City or Redevelopment Agency unless, during the settlement proceedings, the Judge awards compensation well above and beyond the established Fair Market Value for the above referenced properties. The existing acquisition budget within the Assessment District is $1,130,920. [C:\W!~ I\HAYNES~REPORTS\OVRACQ 1.113] COUNCIL AGENDA STATEMENT Item Meeting Date 6/30/92 ITEM TITLE: Public Hearing: GPA-92-02 - Consideration of City-initiated amendments to the Public Facilities Element of the General Plan implementing and supplementing the approved County of San Diego Hazardous Waste Management Plan. Resolution I~']~ht Adopting the proposed General Plan Amendment, and directing staff to prepare the necessary implementing ordinance(s) SUBMITTED BY: Director of Planning . REVIEWED BY: City Manager .3~ b~~1)'~ (4/Sths Vote: Yes No X ) Along with other jurisdictions in San Diego County, the City Council has previously approved the County of San Diego Hazardous Waste Management Plan (COHWMP) for submittal for State review (Resolution Nos. 15266 and 16179). On January 6, 1992, the City received written notification from the Board of Supervisors that the COI-BVMP had been approved by the State Department of Toxic Substances Control. Pursuant to provisions of State law under which the COHBrMp was prepared (AB 2948 (Tanner, 1986)), within 180 days of that notification the City is required to take one of the following actions to establish local hazardous waste management provisions consistent with the COHWMP, in order to retain maximum local control over hazardous waste management issues, including facility siting: incorporate the County plan, including any local refinements, by reference, into the City's General Plan, or adopt an ordinance implementing the County plan, or prepare our own Hazardous Waste Management Plan. That 180 day period ends on July 4, 1992. In evaluating these options, staff found that the first option would provide the best means of ensuring appropriate control over local hazardous waste management planning within the context Page 2, Item ~ Meeting Date 6/30/92 of the overall County plan. As the existing Public Facilities Element of the General Plan contained discussion and policies related to hazardous waste, revisions have been made to those sections to incorporate the COHWMP by reference, and to establish those more specific hazardous waste management provisions particular to Chula Vista, which are designed to ensure public health and safety, and environmental protection. Attachment A to this report contains the proposed Public Facility Element amendments, and reflects slight revisions to the amendments transmitted to the Council last week, based on comments from the County Hazardous Materials Management Division. Those revisions have been shaded for reference. The Environmental Review Coordinator has concluded that an Addendum to the COHWMP Final EIR (dated July 10, 1989, Sch. # 87120222) may be prepared for the proposed General Plan Amendment. This Addendum (see Attachment B) prepared under EIR-92-03 evaluates the potential environmental impacts with the City's adoption of the COHWMP. A copy of the County's EIR upon which the Addendum has been based is on file for reference in the Council library. RECOMMENDATION: That Council consider EIR-92-03, Addendum to the County Hazardous Waste Management Plan EIR, adopt the resolution approving the proposed General Plan Amendment, and direct staff to prepare the necessary implementing ordinance(s). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public heating on the proposed General Plan Amendment on June 24, 1992. At that hearing, the Commission was presented with a letter from Greenfield Environmental, dated June 24, 1992 (attached), which requested that the matter be postponed, due to what they alleged was inadequate noticing of the heating. While the Assistant City Attorney advised the Commission that the noticing of the hearing was legally adequate, it was recommended that the Commission continue the heating to June 29, to allow Greenfield Environmental additional time to review the staff report and proposed General Plan Amendment. The City Council will be provided with the results of the Planning Commission's final action on this matter prior to your meeting on June 30. DISCUSSION: The San Diego County Hazardous Waste Management Plan was prepared pursuant to State Assembly Bill 2948 (Tanner, 1986). This legislation, commonly referred to as the Tanner Act, sets forth the framework for local implementation of changes in federal and state laws governing the way hazardous wastes should be managed. The Federal Resource Conservation and Recovery Act (RCRA), the Hazardous and Solid Waste Amendments of 1984, and State statutes enacted in 1985 and 1986 all prohibit the land disposal of untreated hazardous waste after May 1990. The result is a substantial increase in the need for treatment and disposal capacity, and given the inherent complexity in siting such facilities, a strong need to focus on reducing the Page 3, Item ~ Meeting Date 6/30/92 volume of wastes produced. Much of today's consumer goods and other commodities are greatly dependent upon products containing chemical substances, and/or requiting the use of chemicals in their manufacture and packaging. In order to sustain our standard of living and ensure economic stability, safe and responsible management of hazardous wastes in ways that protect the environment and human health and safety is of extreme importance. As required by the Tanner Act, the COHWMP establishes such comprehensive provisions for the safe and effective management of industrial, small business and household hazardous wastes within the San Diego Region. It is predicated upon a management hierarchy which focuses on the need to reduce the volume of wastes produced requiring treatment, and prescribes various planning, processing, siting and permitting requirements to be applied in evaluating proposals for needed treatment facilities to ensure the protection of public health and safety, and the environment. It also contains comprehensive background information on waste management, and existing and projected waste generation and facility needs within the Region. The COHWMP serves as the primary planning document providing overall policy direction for the effective management of 100% of the Region's hazardous waste stream, and is the guide for local decisions regarding hazardous waste issues. The COHWMP was prepared over a two year period by the County of San Diego and SANDAG in cooperation with a 31 member Advisory Committee which included the City's Environmental Review Coordinator, as well as a representative from each of the Region's other 17 jurisdictions. It has previously been reviewed and approved by the City Council, both prior to its initial submittal for State review in August 1989 (City Council Resolution No. 15266), and upon its revision as required by the State in June 1991 (City Council Resolution No. 16179). Now that the City has been notified of the State's final approval, we are required by law to formally adopt the COHWMP as a policy and decision making guide through the establishment of local hazardous waste management policies and provisions consistent with the COHWMP, in order to maintain maximum local control over hazardous waste management issues, including facility siting. While adoption of local provisions must be consistent with the approved COHWMP, the City is not precluded from establishing more specific or stringent planning requirements and siting criteria than those of the COHWHP. Therefore, in addition to incorporating the COHWMP by reference, the proposed amendments to the Public Facilities Element have been designed to reflect those more specific local conditions and concerns regarding hazardous waste management and facility siting proposals in ensuring the utmost protection of the health and welfare of citizens, and environmental resources within Chula Vista. Page 4, Item ~ Meeting Date 6/30/92 The nature of those refinements as reflected in the proposed amendments are as follows: a. strong local emphasis on pollution prevention and waste minimization through source reduction, re-use and recycling of industrial, small business and household hazardous waste to lessen the need for new or expanded hazardous waste facilities. screening processes for local businesses using hazardous materials and generating hazardous wastes to ensure commitments to waste minimization. active promotion of recycling and alternative technologies through the City's conservation coordinator in cooperation with the County. b. development of an overall strategy regarding equitable facility siting responsibilities which recognizes the City's waste management commitments and existing facilities in relation to those of other jurisdictions in the Region in a "fair share" setting. c. emphasis of the foremost protection of local public health and safety, and the environment through the refinement of locational, siting and permitting requirements for considering hazardous waste facility proposals. the removal of certain industrial areas from the "general areas" inventory of lands which are appropriate for considering facility applications. Those areas removed include industrially designated areas within the Montgomery/Otay Community, Easflake and Rancho Del Rey Business Parks, and a portion of the Otay Valley Rd. industrial area. These areas were removed subsequent to comparative evaluation in relation to several prominant siting criteria including adjacency to residential populations and other sensitive receptors such as schools, and location within dam failure inundation areas. requirements for preparation of a Health Risk Assessment and any related technical studies at the discretion of the City for all facility proposals regardless of their type, size or proximity to existing and future populations. refinement of numerous siting criteria for 32 separate subject areas which must be satisfied for a facility to be sited. The criteria are arranged under the following eight objectives; Protect the Residents of Chula Vista Ensure the Structural Stability of the Facility Protect Surface Water Quality Protect Groundwater Quality Protect Air Quality Protect Environmentally Sensitive Areas Ensure Safe Transportation of Hazardous Waste Protect Social and Economic Goals Page 5, Item ~ Meeting Date 6/30/92 Staff believes that incorporation of the above refinements provide the City the level of discretion and control over hazardous waste management issues within the City which will ensure the protection of local residents, the environment, and economic stability. Effective application of the various policies and criteria of the General Plan Amendment, requires the development of specific implementation measures. Subsequent to approval of the subject General Plan provisions, implementing amendments to the Zoning Ordinance will be prepared for consideration by the Planning Commission and City Council, which will set forth all applicable procedural requirements for evaluating hazardous waste facility applications, including but not limited to, pre-application and application processes, submittal requirements for environmental reviews, risk assessments and conditional use permits, and local monitoring and enforcement provisions. Any additional revisions to the General Plan which may result from these efforts, or which the City Council may desire, will be brought back concurrently with the implementing Zoning Ordinance Amendments, which are anticipated for completion within the next several months. An interim and urgency moratorium on the application for or issuance of any land use permits for hazardous waste facilities, except with permission of the City Council, is currently in effect in order to avoid the risk of having an applicant claim a right to process or receive such permits until complete regulatory provisions are in place. FISCAL IMPACT: Not applicable. Resolution RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE PUBLIC FACILITIES ELEMENT OF THE CITY GENERAL PLAN TO INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF HAZARDOUS WASTES, AND THE SITING AND PERMITTING OF HAZARDOUS WASTE FACILITIES, WITHIN THE CITY The city Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, as required by Article 3.5 of the California Health and Safety Code the San Diego County Board of Supervisors ("Board") had duly prepared, and approved by the State Department of Toxic Substances Control ("State"), the County of San Diego Hazardous Waste Management Plan ("COHWMP"); and, WHEREAS, on January 6, 1992, the City received written notification from the "Board" of the "State's" approval of the "COHWMP"; and, WHEREAS, Health and Safety Code Section 25135.7(c) requires that within 180 days of that notification, the City do one of the following: 1. Adopt a City Hazardous Waste Management Plan containing all the elements required by state law, and which is consistent with the "COHWMP"; 2. Incorporate the applicable portions of the approved "COHWMP, by reference, into the City's General Plan; or 3. Enact an ordinance requiring that all applicable zoning, subdivision, conditional use permit, and variance decisions are consistent with the portions of the approved "COHWMP" which identify general areas or siting criteria for hazardous waste facilities; and, WHEREAS, Health and Safety Code Section 25135.7(d) provides that taking action pursuant to section 25135.7(c) does not limit the authority of the City to attach appropriate conditions to the issuance of any land use approval for a hazardous waste facility in order to protect public health, safety and welfare, or to establish more stringent planning requirements or siting criteria than those specified in the "COHWMP", provided that such requirements or criteria are not inconsistent with the intent of the "COHWMP"; and, WHEREAS, the City has prepared amendments to the Public Facilities Element of the City General Plan to incorporate applicable portions of the approved "COHWMP" pursuant to the course of action prescribed under Health and Safety Code Section 25135.7(c) (2); and, WHEREAS, as provided by Health and Safety Code Section 25135.7(d), those amendments also set forth those more specific objectives and policies of the City with regard to local hazardous waste management which are intended to serve as refinements of the more general directives of the "COHWMP", including the establishment of local planning requirements and siting criteria which may be considered more stringent than those specified in the "COHWMP", and which are designed to ensure that review and permitting of proposed hazardous waste facilities is made with the highest regard for the health, safety and welfare of the citizens of the City of Chula Vista and the natural environment, recognizing more specific local conditions; and, WHEREAS, the Environmental Review Coordinator has determined that an Addendum to the Final EIR for the "COHWMP" may be prepared for the subject General Plan Amendments; and, WHEREAS, the City Planning Commission held a duly noticed public hearing on June 24, 1992, and a continuation of that hearing on June 29, 1992, to consider the General Plan Amendment; and, WHEREAS, the Planning Commission recommended approval of the General Plan amendment; and, WHEREAS, on June 30, 1992, the city Council considered the recommendation'of the Planning Commission at a duly noticed public hearing and heard and considered all evidence and testimony offered by all interested parties concerning the General Plan Amendment, and considered the Addendum issued under EIR-92-03; and, WHEREAS, the proposed General Plan Amendment was determined to be consistent with the intent and provisions of the "COHWMP"; and, WHEREAS, in order to fully implement the provisions of the Amended Public Facilities Element with regard to hazardous waste management, and the siting and permitting of proposed hazardous waste facilities within the City it is necessary to prepare amendments to the City's Zoning Ordinance; and, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. That the Addendum under EIR-92-03 was prepared in accordance with the provisions of CEQA, Public Resources Code section 21000 et seq., and the guidelines promulgated thereunder, CEQA guidelines Section 15000 et seq. SECTION 2. The city Council does hereby find and determine that the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A, are consistent with Article 3.5 ("Hazardous Waste Management Plans") of Chapter 6.5 ("Hazardous Waste Control") of Division 20 of the Health and Safety Code, commencing at Section 25135, et seq., and with the COHWMP. SECTION 3. That the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A, are hereby adopted into and ~ereby made a part of the City's General Plan and the Public Facilities Element thereof. SECTION 4. Staff is hereby directed to complete in a timely manner the necessary implementing amendments to the Zoning Ordinance. Presented By ~ is ~form by Robert A. Leiter ~OA~~ ~~~ Director of Planning o COUNCIL AGENDA STATEMENT Item ~ Meeting Date 6/30/92 ITEM TITLE: Public Hearing: Consideration of an increase in the sewer service charges and modification of the rate structure. Resolutior~L~"[[~'SApproving amendment to Master Fee schedule on sewer service charges / SUBMITTED BY: Director of Public Works_/~ F REVIEWED BY: City Manager,-}~ u (4/5tbs Vote: Yes_No_x) As a member of the San Diego Metropolitan Sewerage System (Metro), the City of Chula Vista is required to participate in its operation, maintenance and upgrade program, in 1990, staff prepared a long range rate increase program to annually increase the sewer rates in order to cover the anticipated high costs of the Clean Water Program. It is time this year to increase the rates. The rates for the Montgomery area need to be set now because their sewer charges are collected on the County tax roles and the new rates must be delivered to the County Tax Collector in a few weeks. RECOMMENDATION: That Council adopt the resolution as stated in the title hereto. BOARDS/COMMISSIONS RECOMMENDATION: This matter was presented at the Montgomery Planning Committee on June 17, 1992 for their information and input. The Committee's recommendation was to increase the sewer service charge for the Montgomery area at the same percentage rate as the rest of the City. DISCUSSION: As a member of the San Diego Metropolitan Sewerage System (Metro), the City of Chula Vista is required to participate in its expansion and upgrade program. In order to comply with State requirements for the program, Chula Vista had a Wastewater Revenue Program prepared by a consultant. This program was used to determine the sewer billing methodology and the sewer service charges proposed for Fiscal Year 1991-92. This methodology was also used to determine the proposed sewer service charge alternatives for Fiscal Year 1992-93. All the sewer rates methodology in the Metro region need to be approved by the State in order to be eligible for Federal assistance. During preparation of this revenue program, the separate sewer service rate structure of the Montgomery area was discussed with State personnel. The expenses related specifically to the Montgomery area cannot be easily separated out (for example, sewage from both the Montgomery area and pre-annexation Chula Vista discharge into one of the flow meters used for billing) and the service provided to both areas is the same. The State representatives therefore stated that the two areas should be merged and have the same rate structure. Page 2, Item ~ Meeting Date: 6/30/92 The State agreed to the plan presented to Council in July 1990, which included raising the Montgomery sewer service charges to the rates charged in the rest of the City over a period of three years. When annexation of Montgomery was proposed, Chula Vista agreed to keep Montgomery's rates lower than Chula Vista by using their high reserves to help offset the annual costs. In June 1990, the Montgomery operating reserves of $600,000 were proportionately the same as Pre-annexation Chula Vista, with reserves of approximately $2.6 million, so it was thought to be the proper time to begin phasing in the rates. On June 4, 1991, the City Council approved an increase in the sewer service charge to 912.21 per month per single family residence and 91.23 per 100 cubic feet (HCF) for multiple family residences. Rates in the Montgomery area were raised to $131.18 per year ($10.93/mo) for a single family residence and $98.39 per year per unit (98.20/mo) for multiple family residences. The rate structure for commercial and industrial customers was changed in accordance with State requirements to charge customers based on both wastewater quantity and quality. All commercial and industrial ratepayers were classified as iow, medium or high strength based on the suspended solids content of their wastewater. The following rates were adopted: Categorv Pre-annexation Chula Vista Montoomerv Low strength $1.12 per HCF $1.00 per HCF Medium strength $1.38 per HCF $1.25 per HCF High strength $1.86 per HCF 91.70 per HCF The following long term proposal for monthly single family sewer service charges was presented to the Council in July 1990. These were preliminary figures based on June 1990 cost information from the City of San Diego. Staff assumed that a gradual yearly sewer service charge increase would be preferable to a few large sewer service charge increases of up to 100 percent in a given year. Fiscal Year Pre-annexation Chula Vista Montoomerv 1990 9 8.70 $ 5.83 1991 910.41 9 8.35 1992 912.13 910.87 1993 $13.39 $13.39 1994 914.78 914,78 1995 916.33 $16.33 1996 918.05 918.05 1997 $19.96 $19.96 1998 922.08 922.08 1999 924.43 924.43 2000 $27.04 $27.04 Page 3, Item Meeting Date: 6/30/92 Sewer Service Rate Alternatives for Fiscal Year 1992-93 In March 1992 San Diego presented the Metro agencies with two additional projections of costs through Fiscal Year 2003. The first scenario includes the cost of water reclamation and oversizing certain facilities to accommodate flow over 234 mgd in the amount billed to Metro agencies. The second scenario (Excluding Reclamation) assumes that San Diego will pay the costs of water reclamation and oversizing facilities. The two alternatives are compared below: Including Reclamation Excludinq Reclamation Total Cost $3,538,985,000 $3,538,985,000 through 2003 Cost to Participating 1,137,273,000 962,608,000 Agencies to 2003 Chula Vista/Montgomery 242,679,000 200,377,000 Cost to 2003 Est. Chula Vista Payment 20,229,600 18,776,600 to Spring Valley to 2003 Chula Vista/Montgomery 7,633,000 4,481,000 Cost in FY 1992-93 Est. Payment to Spring 999,200 965,600 Valley in FY 1992-93 Total est. Chula Vista ~ 12,634,600 $ 9,449,000 budget for funds 223, 225 in FY 1992-93 The budgeted figures include transfers to the general fund to cover sewage-related costs. The Chula Vista budgeted amount of $9,779,600 is slightly higher than the total which excludes water reclamation because a higher estimated flow rate was used. These figures are all preliminary and will be adjusted to reflect actual flow. In April 1992 the San Diego City Council refused to approve the Clean Water Program as presented in Alternative IV of their alternatives analysis. They instead proposed a "Consumers' Alternative" which would keep the Point Loma plant at the Advanced Primary Treatment level and reduce the number of water reclamation plants to three. It is not certain at this time whether Judge Brewster and the Environmental Protection Agency will accept this option. San Diego staff recently provided the member agencies with estimates of the costs of this alternative for Fiscal Year 1992-93. Total Metro costs payable to San Diego and Spring Valley under this alternative would be $7,600,000. This cost plus Chula Vista's sewer related budgeted costs will result in a total budget of $11,690,000. Sewer service charges have been calculated for all three scenarios based on the assumption that $400,000 to 9500,000 in interest income can be applied toward these costs. A portion of the capital Page 4, Item Meeting Date: 6/30/92 costs related to expansion of capacity can be funded by sewer capacity charges. Excluding operation and maintenance costs, the Metro charges due to San Diego and Spring Valley during Fiscal Year 1992-93 would be $3,540,000 including water reclamation, $540,000 excluding water reclamation and 83,811,000 for the "Consumers Alternative". Approximately 7/19 of our existing capacity is unused, and therefore this portion of our capital costs can be funded by capacity. Based on wastewater flow over the past year, the City has approximately 48,500 Equivalent Dwelling Units (EDUs) of flow, an EDU being equivalent to the flow from a single family house. The sewer service charges were therefore calculated for each scenario as follows: Including Excluding Consumers' Water Water Alternative Reclamation Reclamation Expenses $12,634,600 89,449,000 $11,690,000 Interest -$ 450,000 -$ 450,000 -$ 450,000 Capacity Fee Transfer -$ 1,304,200 -$ 199,000 -$ 1,404,000 Revenue Required from Service $10,880,400 $8,800,000 $9,836,000 Charges Service Charge/EDU per month $18.69 $15.12 $16.90 Include $.70/mo Sewer $19.39 $15.82 $17.60 Replacement Fee The above fees will not add to the reserves but are only intended to cover the expenses for the current fiscal year. It would not be desirable to take additional funds out of the reserves since the Metro charges in Fiscal Year 1997-98 may be as much as ten times the charges in Fiscal Year 1991-92. Selection of FY 1992-93 Rates Selection of the proper scenario for FY 1992-93 involves several considerations. San Diego could not initially charge the Metro agencies for water reclamation costs because the existing contracts do not permit charging for these costs. San Diego is currently preparing a draft agreement with the Metro agencies which would include water reclamation. Once these agreements have been approved, San Diego would probably backbill the agencies for these costs. Based on current discussions of the Water Reclamation Subcommittee, it is probable that the Metro agencies would be required to pay for the additional treatment costs required for water reclamation. Page 5, Item Meeting Date: 6/30/92 Several issues have not yet been resolved. The current scenarios are based on charging the agencies for capital costs based on purchased capacity rather than actual flow. Since the agencies will probably not retain capacity rights once the Special Act District is formed, it would be more fair to charge all costs based on flow and to reimburse agencies which currently hold excess capacity rights. Since Chula Vista holds excess capacity rights, the City would benefit from these adjustments. Montgomery Rate Issue The issue of which rates to use for the Montgomery area must also be resolved. At the Montgomery Planning Committee meeting on June 17, the committee members were concerned about the effects of the high sewer rate increase on the Iow income Montgomery residents. We stated that the regular single family residential rate could range from $14.10 to $19.50 per month. They voted to restrict the rate of increase for the Montgomery residents to the same percentage as the rest of the City. Staff does not recommend a separate rate for Montgomery residents since; 1. This would be against our agreement with the State; 2. The same services are provided to the Montgomery area as to the rest of the City; 3. Low income rates are available for qualifying Montgomery residents; 4. Notification about the merger of the sewer service charges was provided in June 1990; and 5. It would be unfair to residents in the rest of Chula Vista who would need to pay higher rates in order to subsidize Montgomery. One proposed rate change will benefit Montgomery residents. Multiple family dwellings and mobile home parks will be billed based on water usage rather than on EDUs. Water consumption for the previous 12-month period will be used to determine the charges. The should be more equitable, particularly for mobile homes parks, which are currently being billed at the rate of one single family home per mobile home. City of San Diego Sewer Treatment Charaes As discussed above, our total costs could range from $15.82 to $19.39 per month for a single family customer. The lower cost would assume no cost sharing with the participating agencies for water reclamation and expansion. The highest cost is based on keeping with the Consent decree with its fast schedule, and charging these high costs based on each agencies capacity rights. It is unlikely that capacity charges will be fully used in the later years, especially if the SAD is formed, and it is likely that some modification to the program will happen with the courts to allow the schedule to slip and possibly allow Pt. Loma to remain at Advanced Primary vs. Secondary, saving over $1 billion over the next 11 years. Also, we do have a sizeable reserve in the sewer revenue funds of over $8 million which could be used if more funds are actually needed next year. Every dollar increase in the monthly rate generates approximately t~600,000. Staff re(;0mmends adopting a monthly rate of $16.00 for single family dwellino unit City- wide, This would be slightly higher than the costs necessary to cover the option excluding water reclamation and expansion, but $1.60 per month less than the Consumers Alternative. The primary reason is to lessen the impact on Montgomery residents which would be very high, since they are "catching up" to the rest of the City. If a higher cost is billed us, we can use some of the $8.5 million operating sewer reserves to cover the cost. No matter Page 6, Item .~, Meeting Date: 6/30/92 which alternative we choose, there will be future annual rate increases for the next several years. The recommended rate increase will increase the rates for Montgomery users by 46% and the remainder of Chula Vista by 31%. The attached chart illustrates the sewer rates for the other sewer agencies in the region being served by Metro. Our rates will be toward the Iow end of the scale. Rates for other categories will be increased by an equivalent percentage. The rates will be as follows: Single family $16.00/month Multiple family $1.61/100 cubic feet (HCF) water used Low Income $11.20/month Commercial/Industrial Low $1.47/HCF water used Mediu m $1.81/HCF water used High $2.44/HCF water used FISCAL IMPACT: Adoption of this rate structure will allow the City to cover the anticipated sewer-related expenses in FY 1992-93. We do have a sizeable reserve which we need to cover future increases. JPL:EMC:SB/A~1135/SEWINCR 062392 Sewer Service Rate Increases FY 1992-95 For Single Family Dwellings Lakeside Spring Valley Chula Vista Poway ........ .~- ............. Lemon Grove - ' El Calan Imperial Beach ...... -'i ...... 7 ........ ? .......... National City ...... --' ...... -~--- ' Del Mar .................................................. Car onodo ........... .~ ...... .L ......... _J ......... , La Mesa . San Diego ............ .~- .................. --- 0 5 10 15 20 25 30 35 Dollars Per Month ~1991-92 Per Month I1992-93 Per Month SO U ION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES WHEREAS, as a member of the San Diego Metropolitan Sewerage System (Metro), the City of Chula Vista is required to participate in its operation, maintenance and upgrade program; and WHEREAS, San Diego has recently increased its estimated revenue requirements for Fiscal Year 1992-93, resulting in a need for increased sewer service charges. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the following amendments to the Master Fee Schedule, Chapter XII, Engineering - Sewer, Section B as follows: B. BERVICE 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 1, 199~: a. Domestic: The domestic sewer service charge for each single family dwelling unit serviced by a separate water meter shall be $12.21 16.00 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 1.61 per each one hundred cubic feet of water usage by such parcel, but in no case less than $12.21 16.00 per month, nor more than $12.21 16.00 per dwelling unit per month; c. Commercial and industrial: A monthly sewer service charge for premises used for other than domestic purposes shall be at the following rates per each one hundred cubic feet (HCF) of water usage: 1 Low Strength: $1.12 1.47 per HCF water usage Medium Strength: $1.38 1.81 per HCF water usage High Strength: $ .... 2.44 per HCF water usage Low strength is defined as wastewater with suspended solids content under 200 parts per million (ppm) . Medium strength is defined as wastewater with at least 200 ppm but less than 600 ppm suspended solids. High strength is defined as wastewater with suspended solids content of 600 ppm or more. Wastewater strength categories will be determined using either the attached table, "Proposed User Classifications 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 qualify 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. d. Montgomery Area: ~'-~'"' ~-~ ~-~ ~' -~ ~- ~ .... ..... "-"~- aAn annual sewer service charge for premises in the former Montgomery area shall be at the ~A~ ~ A...._~ rates given above under Parts A through C. These rates will be collected on the annual tax bill by the San Diego County Tax collector. Charges for multiple family and commercial industrial discharges shall be based on a recent 12 month billing period. Commcrcial; industrial 2 e. High Volume Dischargers: Premises which discharge over 25,000 gallons per day (gpd) are classified as high volume dischargers. These dischargers shall be billed bi-monthly by the City of Chula Vista. Wastewater discharge shall be assumed to be 90 percent of water consumed, unless established otherwise by an approved variance. A seDarate suspended solids concentration shall be determined for each discharger based on either the table, "Proposed User Classifications and Assumed Pollutant Concentrations" or on actual sampling results, as determined by the Director of Public Works. The bi-monthly rates shall be as follows: Bimonthly billing charge = Average wastewater x ¥ ........ 011006 + flow in gpd Average waste- x Average ppm suspended solids x 8.34 x $IS.19 21.20 1,000,000 water flow in gpd ....... $15 21 in 2. Penalty for Delinquent Payment of Sewer Service Charges The fee for delinquency in payment of the sewer service charge shall be an amount equal to twenty percent of the service charge. 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 for monthly sewer service charges, shall be billed at the rate of $8~6 11.20 per month per EDU. Eligible residents of the incorporated Montgomery District shall be billed at the rate of $91.93 134.40 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 receiving the reduced charge of $~.56 11.20 a month on their monthly or bi-monthly water bills from Sweetwater Authority and Otay Water District or as an annual refund. Montgomery area residents will only receive the reduced charge of $~i. C2 134.40 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 receive 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=~-~ 11.20 a month or $~i. E3 134.40 per year in the Montgomery area shall be furnished. Proof of total 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 fiscal year beginning in July and ending in June. The applicant will be notified of eligibility status within thirty (30) days of eligible, the refun¢ ~o within application and if rwarded ninety (90) days of application. Presented by John P. Lippitt, Director of Bruce M. Boogaar~7~, ~ity Public Works Attorney ITEM NUMBER: RESOLUTION NUMBER: ORDINANCE NUMBER: OTHER: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE: (AGENDA PACKET SCANNED AT ABOVE DATE) ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: ,ul-/,/Ly 2. I I~/q 2. MISCELLANEOUS INFORMATION: COUNCIL AGENDA STATEMENT Item ~/ Meeting Date 06130192 ITEM TITLE : Public Hearing to Consider Revisions to Chapter 5.20 of the Chula Vista Municipal Code, the Cardroom Ordinance. SUBMITTED BY : Chief of Police~0~'~ REVIEWED BY : City Manager ~ t~, [ (4/5ths Vote: Yes No x ) At the City Council meeting of April 28, 1992, Council received a staff report and heard public testimony related to several proposed changes to Section 5.20 of the Chula Vista Municipal Code known as the Cardroom Ordinance. The subject proposal was submitted by representatives of Chula Vista's card room operators. As a result of that discussion, staff was directed to prepare draft revisions to the Cardroom Ordinance for Council review and public comment. The proposal is intended to assist local card room operators in remaining competitive with other county gaming centers. RECOMMENDATIONS: Continue the Public Hearing to July 21, 1992 to enable staff to complete its review of the proposal, potential impacts thereof, and to develop appropriate recommendations related thereto for Council consideration, lhe cardroom owners have been notified of the recommended continuance. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Continuing today's Public Hearing will enable staff to submit a complete report, including all appropriate recommendations on July 21, 1992. Staff is currently in the process of gathering additional information from other jurisdictions. This information is necessary for staff to formulate positions and to develop recommendations for Council's consideration on each of the proposal's components. FISCAL IMPACT: None associated with recommended actions. COUNCIL AGENDA STATEMENT Meeting Date 6-30-92 ITEM TITLE: a) Resolution /~q ~ Authorizing various appropriations of funds for Assessment District No. 90-2 (Otay Valley Road) b) Resolution I~'~D~ of the City Council of the City of Chula vista, California, awarding the contract for the construction of certain public works of improvement in Assessment District No. 90-2 (Otay Valley Road) c) Resolution I~qD~ of the City Council of the City of Chula Vista, California, authorizing issuance of bonds, approving forms of bond indenture, bond purchase contract and preliminary official statement for Assessment District No. 90-2 (Otay Valley Road) SUBMITTED BY: Director of Public Wor~ ~ Director of Finance ~/~ REVIEWED BY: City Manager.j~ 6~-~ (4/Sths Vote: Yes x No ) At 2:00 p.m. on April 8, lgg2 in the ~ubl~¢ Services Building the Oirector of Public Works received sealed bids for "The improvement of Assessment District 90-2 {Otay Valley Road) from 1-805 to 1,200 feet east of Nirvana Avenue in the City of Chula Vista, California". Since the Council established the Otay Valley Road Assessment District 90-2 at the public hearing last week, it is now appropriate to award the construction contract for the first phase of the project. In order to award the construction contract, it is necessary that the bond funds for the contract be assured. The approval of the bond sale agreement, preliminary official statement and bond indenture fulfill that requirement. It is also appropriate to authorize the various City appropriations and transfers. RECOMMENDATION: Adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Description of Work The improvement of Otay Valley Road - Phase I includes widening the roadway to six lanes from 1-805 to Nirvanna Avenue and includes curb, gutter, sidewalk, medians, drainage facilities, undergrounding of utilities and construction of all the pertinent other work as may be necessary to render the above improvements complete and workable. Page 2, Item~ Meeting Date Bid Results On April 8, 1992, 11 bids were received for construction of the improvements on Otay Valley Road. A summary of the bids are listed below: 1. Granite Construction Company - Lemon Grove $4,319,428.00 2. C.W. McGrath, Inc. - E1Cajon 4,442,946.32 3. RLF, Inc. - San Diego 4,517,899.00 4. R.E. Hazard Contracting Co. - San Diego 4,591,121.95 5. Southland Paving, Inc. - Escondido 4,604,260.83 6. Erreca~s, Inc.- Spring Valley 4,747,158.00 7. L.R. Hubbard Construction Co., Inc. - San Diego 4,801,765.87 8. Kiewit Pacific Co. - Vancouver, Washington 4,84g,963.00 9. Daley Corporation - San Diego 4,977,718.50 10. Cass Construction, Inc. - E1Cajon 5,201,758.65 11. Drainage Construction Co., Inc. - Vista 5,241,859.50 The low bid submitted by Granite Construction Co. is below the Engineer's estimate of $6,305,743 by $1,986,315 or 31.5%. We have reviewed the low bid and recommend awarding the contract to Granite Construction Co. The low bid by Granite Construction included a minor irregularity in that the complete listing of the addresses for the subcontractor was not included with the bid. However, the name of the company and the type of work the subcontractor was to perform was included. The contractor has subsequently provided the City with the complete address of each of the subcontractors. This is considered a very minor irregularity in the bid. Many contractors, when submitting the bid, fail to provide the complete addresses of their subcontractors. It is recommended that Council waive this omission as an insufficient deviation from the bid specifications. Attached is a copy of the Contractor's Disclosure Statement. Disadvantaqed Business Enterprises The bid documents for this project require 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. Attached as Exhibit A is a memo from Chris Salomone, Community Development Director, regarding the review of Granite Construction's effort to meet the DBE participation requirements for the Otay Valley Road widening project. His conclusion is while the goal of 15% DBE participation was not met by Granite Construction they showed good faith and effort toward the goal with 11.1% qualified and certified DBE participation. Fundinq for Project In order to award the construction contract, it is necessary that the funds required for that contract be assured. For this reason, the approval of the bond sale agreement, subject to the final amount of bonds to be issued and the Page 3, Item c~ Meeting Oate $-30-g2 pricing of the interest rates thereon, is recommended at this time. The actual amount of bonds to be issued will be based on the amount of unpaid assessments remaining after the 30-day cash payment period has closed on July 27, 1992. Following the close of the 30-day cash payment period, the interest rates on the bonds will be finalized, subject to the approval of the Director of Finance, and the bonds will be delivered to the underwriter in mid-August. At the May 26th hearing the Council determined that the City would provide the equivalent of the bond reserve fund. This amounts to approximately 10% of the amount of bonds issued. Following the close of the 30-day cash payment period, the amount of the City commitment will be reported to the Council. At the Council meeting of May 23, 1992 Council approved the following recommendations which are reflected in the fiscal impact: 1. Approve credits for slopes. 2. Approve credits for improvements. 3. Approve future transportation DIF for the Otay Ranch area to be charged $420,000. 4. Agree to contribute any County contribution or funds from future cost recovery district or savings in project costs to help reduce annual assessment payments. The necessary appropriations for these recommendations and the modifications approved on May 26th, 1992 are incorporated in the resolution appropriating funds. Resolutions Tonight's action will complete the legislative proceedings for the Otay Valley Road Assessment District. Through the approval of these resolutions, the following will generally be accomplished: 1. The RESOLUTION AUTHORIZING VARIOUS APPROPRIATIONS AND TRANSFERS outlines the transfer of funds which must be made to the Improvement Fund. 2. The RESOLUTION AWARDING THE CONSTRUCTION CONTRACT will award the contract for the construction of the Otay Valley Road - Phase I improvements to Granite Construction Co. for the amount of $4,319,428.00. 3. The RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS, APPROVING THE BOND INDENTURE, OFFICIAL STATEMENT AND BOND PURCHASE CONTRACT authorizes the issuance of 1915 Act bonds in the amount of the unpaid assessments following the 30-day cash payment period, approves the bond indenture, which sets forth the conditions and covenants of the bond issue, and the Official Statement, which is the disclosure document about the assessment district and bonds, in substantially final form, and approves the sale of Page 4, ILea o~-~ Meeting Oate 6-30-92 the bonds to the firm of Stone & Youngberg, subject to the determination of the amount of bonds to be issued and the interest rates thereon. Following the final pricing of the bond interest rates, the indenture and Official Statement will be completed and executed on behalf of the Council by the Director of Finance. Future Actions Future actions shall include: 1. Advertising for bids for construction of Phase II and construction of the signal at 1-805 (3-6 months). 2. Staff returning to Council after the 30 day cash collection period to report the Reserve amount. 3. Staff reviewing the "credits" for Mr. Cushman's property, J.T. Racing's property, and Mr. Teyssier's property. Staff will return on July 21, 1992 with a recommendation. FISCAL IMPACT: The estimated total cost of the Otay Valley Road project {Phases I & II) is $13,132,428. It is proposed that the City and RDA contribute $5,244,779 of this total, leaving $7,170,590 to be assessed to the district. The contribution will come from the following sources: TABLE "A" RDA 996 9960 ST-123, $1,765,167L4) 123A, OVO01, RD205 RDA 996-9960-ST-123 747,086 RDA TF 220 89,300 TSF TF 220, TF 208 100,00~4) SEWER FUND 222 1,161,000(2) SDG&E 20A 320,000(3) SDG&E 20A Oleander 642,226(3) to Nirvana Sewer Fund 222 420,000(ii $5,244,779 (1) This is a Loan to the district which is to be repaid from future Transportation DIF for OLay Ranch area. (2) This is a Loan to the district to be reimbursed by SB funds upon completion of construction. (3) Estimated cost of SDG&E work equals estimated aLLocation of 20A funds avaiLabLe for project from SDG&E. (4) Amounts include money already encumbered for the project. Page 5, Item ~ Meeting Oate 6-30-92 In addition to the above contributions, the City will advance a maximum of $422,500 from fund gg6-gg60-ST123 {RDA) to cover the Series B bonds. The Series B bonds are to cover the Rio Otay Subdivision. These bonds will be issued when the site is cleared of the environmental concerns. This money will be recovered if these bonds are issued. The City will also obligate a maximum of $717,059 to the district reserve fund from the General Fund. Assessment No. 7 is the animal shelter property (City property). Staff recommends that this be paid off during the cash collection period at a cost of $20,262 less financing costs. This will come from Fund 996-gg60-ST123 (RDA). The slope credit option, requires that the City contribute $435,382 to the district. The revised improvement cost option, requires that the City contribute $311,704 to the district. Total impact of these two options is $747,086. This is reflected in the table "A" above. DDS:AY-081 WPC 6045E R SO,,U mON NO. IW'](3(-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUL~VISTA AUTHORIZING VARIOUS APPROPRIATIONS OF FUNDS FOR ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby: 1. Contribute previously appropriated funds of $2,512,253 from 996-9960-ST123, 996-9960-ST123A, OV001 and RD0205. 2. For traffic signal at 1-805 contribute previously appropriated funds of $89,300 from 600-6005 TF220 (RDA); $77,247 from 600-6005 TF 220 (TSF) and contribute previously appropriated funds of $22,753 from 600-6005-TF208. 3. Authorize the allocation of SDG&E "20A" funds to pay for the Phase I undergrounding estimated at $962,226. 4. Loan $420,000 from Trunk Sewer Capital Reserve Fund 222 to Transportation DIF Fund 621 for appropriation to Account 621-6210-ST123. The loan is to be repaid from future Transportation Development Impact Fees collected from the Otay Ranch area. 5. Advance $1,161,000 from Trunk Sewer Capital Reserve Fund 222 to Fund 600-6008-ST123 to be reimbursed by State SB 300 funds upon completion of the project. 6. Authorizing an advance of a maximum of $422,500 from 996-9960-ST123 to be repaid upon issuance of the Series B bonds. 7. Obligate a maximum aggregate amount of $717,059 of General funds to be advanced to cure any deficiency or delinquency which may occur in the Redemption Fund by failure of property owners to pay annual assessments. Amounts so advanced will be repaid to the General Fund from proceeds derived from redemption or foreclosure of property with respect to which an assessment is unpaid and from payments of the delinquent assessments. 8. Authorize payment of assessment No. 7 during the thirty (30) days cash collection period in an amount not to exceed $20,262 (less financing costs) from 99~960-ST12~ A Presented by 7~a~~ f~ fBruce M. Boo~aard,/c~ty ~x PublicJ°hn P.worksLippitt, Director of Attorney aard, RESOLUTION NO. /~-~0'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, did publicly open, examine and declare all sealed proposals or bids for doing certain of the works of improvement as set forth and shown on the plans and specifications which were approved for proceedings in a special assessment district, said proceedings being taken 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, said special 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 this legislative body hereby rejects all of said proposals or bids except that herein mentioned, and does hereby award the construction contract for doing said work and making improvements in the Assessment District to the lowest responsible bidder, to-wit: GRANITE CONSTRUCTION COMPANY at the prices named in the bid of said bidder on file with the transcript of these proceedings and open for public inspection. SECTION 3. That this award of contract is hereby conditioned upon and made subject to the receipt of monies and proceeds from the issuance and sale of bonds. The Contractor shall not commence construction or order equipment until he has received a written Notice to Proceed. Any progress payment to the Contractor for work completed may be delayed if monies have not been received from the sale of bonds. SECTION 4. That the works of improvement shall be constructed in the manner and form as set forth in the plans and specifications for these proceedings, as previously approved as a part of the "Report", as required by law and specifically the "Municipal Improve- ment Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SECTION 5. That the Mayor and City Clerk are hereby authorized to execute the Agreement for the works of improvement relating to said Assessment District, and a copy of said Agreement shall be on file with the transcript of these proceedings. SECTION 6. That all monies to pay for the costs and expenses of the above referenced Assessment District shall be paid from the funds as deposited in the Improvement Fund, including any interest earned thereon. Presented by Approved as to ~m by John P. Lippitt Bruce M. Boogaar(~'~ Public Works Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of , 1992, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND INDENTUPd~, BOND PURCHASE CONTRACT AND PRELIMINARY OFFI- CIAL STATEMENT FOR ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is conducting proceedings for the installation of certain public improvements in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, this legislative body has previously declared in its Resolution of Intention to issue bonds to finance said improvements, said bonds to issue pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code; and, WHEREAS, at this time this legislative body is desirous to set forth all formal terms and conditions relating to the authorization, issuance and administration of said bonds; and, WHEREAS, there has been presented, considered and ready for approval a bond indenture setting forth formal terms and conditions relating to the issuance and sale of bonds; and, WHEREAS, there has also been presented for consideration by this legislative body a form of Bond Purchase Contract authorizing the sale of bonds to Stone & Youngberg, the designated underwriter; and, WHEREAS, there has also been presented for consideration by this legislative body a form of Preliminary Official Statement containing information including but not limited to the Assessment District and the type of bonds, including terms and conditions thereof; and, WHEREAS, this legislative body hereby further determines that the unpaid assessments shall be specifically in the amount as shown and set forth in the Certificate of Paid and Unpaid Assessments to be certified by and on file with the Treasurer, and for particulars as to the amount of said unpaid assessments, said Certificate and list shall control and govern. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct. BOND AUTHORIZATION SECTION 2. That this legislative body does authorize the issuance of limited obligation improvement bonds pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of Califor- nia, and also pursuant to the specific terms and conditions as set forth in the Bond Indenture presented herein. BOND INDENTURE SECTION 3. That the Bond Indenture is approved substantially in the form presented herein, subject to modifications as necessary and as approved by the Finance Director. Final approval of the Bond Indenture shall be conclusively evidenced by the signature of the Finance Director. A copy of said Bond Indenture shall be kept on file with the transcript of these proceedings and open for public inspection. BOND PURCHASE CONTRACT SECTION 4. That the Bond Purchase Contract as submitted by STONE & YOUNGBERG, the designated underwriter, is hereby approved substantially in the form presented herein, subject to modifications as necessary and approved by the Finance Director, with the concur- rence of Bond Counsel, with the final pricing of bonds being dele- gated to the Finance Director. Final acceptance of the Bond Purchase Contract shall be evidenced by the signature of the Finance Director on behalf of the City. PRELIMINARY OFFICIAL STATEMENT SECTION 5. That the Preliminary Official Statement is approved substantially in the form presented, subject to modifications as necessary and as approved by the City Manager, and execution and distribution of the Preliminary Official Statement and the corres- ponding final Official Statement is hereby authorized. The City Manager is further authorized to execute and delive~ any certifi- cate regarding the finality of the Preliminary Official Statement as may be necessary or appropriate for purposes of complying with Section 240.15C2-12 in Chapter II of Title 17 of the Code of Federal Rgulations ("Rule 15C2-12"). A copy of the Preliminary Official Statement and final Official Statement shall be kept on file with the transcript of these proceedings and remain open for public inspection. FINAL BOND DELIVERY SECTION 6. No further action will be required by this legisla- tive body if the bonds are priced, sold and delivered prior to the 2nd day of September, 1992. FINAL ASSESSMENTS SECTION 7. That the certificate of Paid and Unpaid Assess- ments, to be certified by the Treasurer, shall remain on file in that office and be open for public inspection for all particulars as it relates to the amount of unpaid assessments to secure bonds for this Assessment District. SUPERIOR COURT FORECLOSURE SECTION 8. This legislative body does further specifically covenant for the benefit of the bondholders to commence and prose- cute to completion foreclg~re~ actions regarding delinquent install- ments of the assessments ~ns/ the manner, within the time limits and pursuant to the terms and conditions as set forth in the Bond Inden- ture as submitted and approved through the adoption of this Resolution. OTHER ACTS SECTION 9. All actions heretofore taken by the officers and agents of the City with respect to the sale and issuance of the bonds are hereby approved, confirmed and ratified, and the City Manager, Finance Director and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions relating to the execution and delivery of any and all certi- ficates, requisitions, agreements and other documents, which the City Manager or the Finance Director may deem necessary or advisable in order to consummate the lawful issuance and delivery of the bonds in accordance with this resolution. Presented by Approved as to~rm by John P. Lippitt Public Works Director City Attorney~ / PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of , 1992, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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 COUNCIL AGENDA STATEMENT Item Meeting Date 6/30/92 ITEM TITLE: Report on Forest Conservation Initiative SUBM1TrED BY: Environmental Resource Manag~"-r~ REVIEWED BY: City Manager/;5; ,, (4/5ths Vote: Yes No x ) The City of Chula Vista has received a request by the Save our Forests and Ranchlands Committee to support their proposal to place the "Forest Conservation Initiative" on the November County-wide ballot for a vote of the electorate. This item was discussed by the City Council at the May 26th 1992 meeting, and was subsequently referred to the City Manager to be brought back to the Council with staff recommendations. The Forest Conservation Initiative's sponsor is requesting the initiative be placed on the ballot by the San Diego Board of Supervisors for a vote of the electorate within the County. Residents within the City of Chun Vista would participate in this vote. The primary purpose of the initiative is to prevent the subdivision of large lots over 40 acres, and to preserve watershed, agricultural and open space lands. The initiative, if approved by the voters, would amend the San Diego County General Plan. It proposes to impose a minimum parcel size of 40 acres on all privately owned lands within the boundaries of the Cleveland National Forest, with the exception of urbanized "country towns", which are identified in the community plans as dense urbanized zones within rural areas. The initiative also asks for a comprehensive plan for county lands within the Cleveland National Forest. For landowners which own parcels smaller than 40 acres, a one unit per parcel development is allowed on the property. Exemptions from the initiative are allowed if specific findings are made. The Cleveland National Forest is one of the largest expanses of undisturbed national open space in Southern California and is an extremely valuable watershed, agricultural and recreational area within our County. There are nine separate community plans within the County's jurisdiction in the Cleveland National Forest. Because the zoning authority is vested with the County, the county electorate is being asked to vote on the Forest Conservation Initiative, which creates large-lot zoning for inholdings within the Cleveland National Forest. Item 2 Meeting Date 6/30/92 The Forest Conservation Initiative amends the National Forest Service General Plan to apply a "Forest park 23" Land use Designator and a 40 Acre Minimum lot size on all inholdings within the forest outside Country Towns. Throughout California, it is fairly common for County governments to designate large lot sizes on private property within national forests to restrict development on the periphery of federal forest land. The US Fish & Wildlife Service has recommended an 80 acre lot size rezone. The State requires large lot zoning for lands contracted under the Williamson Agricultural Preserve Act, of which 30,000 acres within the Cleveland National Forest fall under. In the fall of 1991, the County Board of Supervisors approved the Central Mountain Plan Update, which designates zones for private property within parts of the Cleveland National Forest. There are approximately 55,000 acres of private inholdings within the Cleveland National Forest. The majority of this acreage is zoned at 20 acre minimum lots, although some of the original zoning, prior to the Central Mountain plan update, was left unchanged. The zones now range from 4, 8, & 20 acres, with one parcel at 40 acres. Although there are 20 acre minimum lot sizes, there is nothing to prevent applicants for applying for a rezone and receiving it. Cuyamaca, Pine Valley, and Descanso Sponsor groups (which is similar to a Community Planning group, but the members are not elected) reviewed the Central Mountain Plan Update. Descanso and Cuyamaca Sponsor Groups approved a 20 acre minimum lot size outside the urbanized Country Town zone. The County Planning Commission supported a 40 acre zone outside the Country Town, with some 8 acre lots. The Board of Supervisors, with a vote of 3-2, approved a hybrid plan, which created zones from 4-40 acres. RECOMMENDATION: The City of Chula Vista take no position on the Forest Conservation initiative and make no recommendation to the Board of Supervisors on placement of the initiative on the ballot. BOARD/COMMISSION RECOMMENDATIONS: NOT APPLICABLE DISCUSS[ON As cities are taking a more cooperative role in regional growth management issues through the framework of the SANDAG regional growth management plan, it is becoming clear that regional land--use decisions have a recognized inter-relationship with cities throughout the county. However, City staff has traditionally taken a philosophical position against making zoning decisions through the initiative process. There is a basic concern that zoning by initiative Item 3 Meeting Date 6/30/92 has the effect of bypassing the community planning group committee process, as well as the local government planning process. It also usurps the authority of officials elected by the public to make educated land-use decisions on behalf of their constituents. However, if the Council determines to take a position in response to the request by the Save our Forest and Ranchlands Committee to place the initiative on the ballot for consideration by the voters, the following information may be helpful in making such a decision: A) POTENTIAL IMPACTS TO THE CITY OF CHULA VISTA The Cleveland National Forest Service land is dotted with private inholdings which are subject to potential development on the periphery of sensitive federal forest land. Much of this property is within the Sweetwater River watershed and also contains habitat forthreatened and endangered plants and animals which, from an overall system perspective, could impact Chula Vista. These items are discussed further below. 1) IMPACTS TO OUR WATER SUPPLY The Sweetwater Authority owns the Sweetwater Reservoir, which delivers water to 23,000 hook-ups in the City of Chula Vista and Bonita. The Sweetwater River, which runs through the Cleveland National Forest, is an extremely important source of local water. The Sweetwater River has the capacity to produce 20% of our water supply, currently 10% is actually being produced. The potential effects to the watershed, due to increased density is substantial. The Sweetwater Authority has engineered a mn-off protection system, which literally diverts the river to mn around poor quality water flows in order to protect the water from heavy sedimentation and mineralization. The run-offdiversion project was engineered and developed in accordance with the 1984 County of San Diego's General Plan, which dictates large lot zoning. Greater density along the Sweetwater watershed will force the Authority to develop further diversions around poor quality water points, increasing the costs to the ratepayers. In the past, costs for diversion routes of the diversion project was paid for by developer fees, and as density increases and more impervious areas are established due to the current zoning, more diversion flows will have to be paid for and added to the project in order to protect the water supply. Sweetwater would have to divert more water, which means increased costs for diversion. It also means a loss in tocal water supply, which translates into additional Northern California water purchased for the area. Finally, urbanization along the watershed will add costs to the demineralization process due to increased mn-off. ~Please see attached letter from the Sweetwater Authority for their comments. Item 4 Meeting Date 6/30/92 2) SPECIES HABITAT PRESERVATION - LONG TERM IMPACTS Forest land, which is already owned by the public, is perceived as land that can aide to mitigate the effects of development within the urban limit line. The Forest Conservation Initiative will help maintain contiguous tracks of both publicly owned and privately owned lands, which include sensitive open space. When development is allowed within the watershed, this increases the need to mitigate for loss of sensitive species habitat. As an example of the cost for mitigation for species management, the County Water Authority is averaging $100,000 to replace habitat per animal, in the case of pipeline mitigation. The Cleveland National Forest serves as an important wildlife corridor link. As Chula Vista continues to work in coordination with the California Fish and Game Department and Fish & Wildlife Service on the Netro Community Conservation Plan Enrollment, we are faced with planning for 13 federally listed threatened or endangered species and 136 candidate species for listing in San Diego alone. As public forest lands deplete, more species may be federally listed, and their mandated conservation plans could place increasing restrictions on development within City limits. B) CALIFORNIA LAND CONSERVATION ACT - 'WILLIAMSON ACT" The Forest Conservation Initiative preserves agricultural lands. It creates compatibility and consistency with the State Williamson Act requirements for large lot agricultural activity. The California Land Conservation Act, otherwise known as the "Williamson Act", is an important state law which affects county zoning. It requires compatible county land-use, which in the County of San Diego is considered an underlay zone for property included in the Williamson Act. According to the Agricultural Preserve Map from the County of San Diego, 30,000 acres of the private inholdings within the Cleveland National Forest are agricultural preserves under the State Williamson Act. Section 51230 of the Government Code of the State of California contains several references to the need for consistency between General Plan designations and zoning, and the purpose of the Williamson Act on agricultural preserve lands. Specifically, the Act requires that zoning on land within an agricultural preserve that contains contracted land under the Williamson Act restrict uses of preserved lands "in such a way as not to be incompatible with the agricultural uses of the land". According to the Department of Conservation of the State of California four to twenty acre zoning on lands within Williamson Act preserves, in most circumstances, would not be in accordance with the Williamson Act requirements. Land under Williamson Act contracts must be zoned at 40 acres or more in order for the landowner to receive tax benefits afforded the Act. A little less than half of the private inholdings within the Cleveland National Forest is under contract governed by the Williamson Act. Landowners that voluntarily fall under the Williamson Act receive a Item 5 Meeting Date 6/30/92 inholdings within the Cleveland National Forest is under contract governed by the Williamson Act. Landowners that voluntarily fall under the Williamson Act receive a substantial property tax reduction on their land in exchange for large-lot zoning. In addition, the State requires compatible largedot zoning to support these contract sizes in exchange for State reimbursement to the County of San Diego. Reimbursement is done to make up for the loss of revenue from tax breaks landowners receive through the Williamson Act. If the State percieves incompatible underlay zones, they have the right to withhold reimbursement funds. Once a landowner is released from Williamson Act requirements, they may develop their land according to the County Plan (the underlay zone), which currently allows for mostly 4-20 acre lot parcels. In most counties the underlay zone for this type of land matches the state Williamson Act requirement of at least 40 acres. Under the proposed Forest Conservation Initiative, the county underlay zone would be consistent with Williamson Act requirements. C) ARGUMENTS IN FAVOR OF THE FOREST CONSERVATION INITIATIVE: 1. The Forest Conservation initiative addresses lands that are adjacent to and affected by local, state, and federal land-use laws. This initiative goes beyond the Central Mountain Plan Update region and works to comprehensively address all nine planning areas by creating a General Forest Plan. 2. The Forest Conservation initiative preserves agricultural lands. It is compatible with State Williamson Act requirements for large-lot agricultural activity. Because half the property within the Cleveland National Forest are under Williamson Act contracts, and also fall within the county's land-use jurisdiction, the county is obligated to zone consistent with Williamson Act requirements. Consistency is required for the County to be reimbursed from the State for property taxes lost due to Williamson Act tax incentives. Proponents argue that the tax reimbursements are under threat because the current zoning is not consistent with state requirements mandating 40 or more acres per lot for Williamson Act contract lands. 3. Proponents state that this initiative would require a forest plan which distinguishes uses compatible with activities that effect the forest. Most of the private inholdings are meadowlands, and these lands are "vital organs" of the forest. Presently the zones on the meadowlands are zoned 8 & 20 acres, which proponents believe will lead to incompatible use with the present purpose of these lands, which are considered dry grazing ranchlands. 4. The initiative protects the natural resources that are vital to all the residents throughout the county. 5. This initiative addresses the nine regions within the Cleveland National Forest and creates planning consistency throughout local, state, and federal lands within Item 6 Meeting Date 6/30/92 6. The Forest Conservation Initiative protects the watershed which is a vital water supply for residents of Chula Vista. D) ARGUMENTS AGAINST THE FOREST CONSERVATION INITIATIVE 1. Supervisor George Bally and Supervisor Brian Bilbray have sent letters of communication to the City of Chula Vista recommending that the City "note and file" the Save our Forests and Ranehlands Committee's request for the following reasons: *Please see attached letters from Supervisors Bailey and Bilbray to "note and file" '~ the request to take action on this item. ~ ~tO~" ~,~,~d~ ~ 2. Approximately 8000 hours and 11 public hearings were conducted in the planning process which resulted in the Central Mountain Plan update. The final update to the Central Mountain Plan was approved 8 months after the plan came under consideration in the hearing process. Opponents believe the Forest Conservation initiative ignores and usurps this process. 3. Out of 42,000 acres in the Central Mountain Plan, 34,000 acres were downzoned due to the Central Mountain Plan Update. This is a substantial step forward when compared to the old Central Mountain Plan. There is also a concern that the initiative does not have a process for appeals. 4. As part of the Central Mountain Plan Update, one of nine community plans within the boundaries of the Forest Conservation Initiative, 41,000 acres of privately-owned lands outside Country Towns now have a National Forest/State Parks plan designation as opposed to 27,000 acres under the previous plan. This new figure represents 98% of all privately-held lands outside Country Towns within the Central Mountain Plan Update area. The designation recognizes their presence within the boundaries of Cleveland National Forest. It is a land-use designator that recommends compatible use within the boundaries of the forest, and adds project scrutiny by the National Forest Service on proposals that have the National Forest/State Parks designation. 5. An Environmentally Constrained Area designation was placed on all lands known to contain important environmental resources within the Central Mountain Plan. Opponents argue that the new open space regulations and six new resource conservation areas adequately deal with sensitive resources within the Central Mountain Plan. 6. The other community planning regions that are not covered by the Central Mountain Plan but are included in the initiative, should go through the same planning & hearing process the Central Mountain Plan Update received. 7. Opponents argue this is a County land-use matter, and it is inappropriate for outside jurisdictions to make recommendations on county land-use decisions. Item 7 Meeting Date 6/30/92 E) CURRENT STATUS OF ACTIONS CITY'S WHICH HAVE SUPPORTED INITIATIVE: AGENCIES NOT ENDORSING: E1 Cajon Coronado Lemon Grove San Diego Escondido La Mesa Del Mar Encinitas National City OTHER OPTIONS TO STAFF RECOMMENDATIONS 1. Support in the form of a letter to the Chairperson of the Board of Supervisors, a request by the Forest and Ranchland Committee to place the Forest Conservation Initiative on the ballot for a vote of the electorate. 2. Support the ballot measure and request that it be placed on the upcoming ballot for a county-wide vote of the electorate. 3. Recommend that the language of the initiative be forwarded onto the SANDAG Regional Growth Management Strategy Committee to integrate as part of the overall growth management plan. 4. Oppose placing the initiative on the ballot for a vote of the electorate. FISCAL IMPACT There will be no direct impact upon the City of Chula Vista. Water ratepayers may be affected if the Sweetwater Authority builds additional infrastructure to protect the watershed. COUNCIL AGENDA STATEMENT Item ~ I Meeting Date 6/30/92 ITEM TITLE: Resolution] \ ~--'~ Approving agreement to purchase land from Otay Rio Business Park for a new City Corporation Yard and appropriating funds. / SUBMITTED BY: Director Of Public Wot.ks ~ ~ REVIEWED BY: City Manager,.~l.a b~)~/)\ (4/5ths Vote: Yes X No .) This item was originally on the agenda for the City Council meeting of June 9, 1992, but was continued until this meeting. On the afternoon of June 8, staff received a faxed letter (attached) requesting that the City consider a joint corporate yard with the Sweetwater Union High School District as had been contemplated in 1988. Staff has since communicated with Sweetwater's Director of Planning & Facilities. We have furnished them with the name of the property owner and indicated that 19 acres of Otay Rio Phase II are adjacent to our site and that staff would welcome their proceeding to establish a corporation yard on that site. Staff intends to continue with the planning process for our corporation yard, but will aggressively pursue cooperative efforts in an attempt to form a joint yard. The Environmental Review Coordinator has reviewed this proposal and has determined that the general rule exemption from CEQA applies because it can clearly be seen that this "Project" will have no possible significant effect on the environment because it involves only the purchase of the property, the property has been the subject of a final Environmental Impact Report, the property has been graded and once the site plan and operation of the facility are known, it will be the subject of further environmental analysis. The remainder of this Agenda Statement is as was submitted to Council on June 9. One of the approved projects in the Public Facilities DIF is the building of a new Corporation Yard. The original plan was to site the Yard in Sunbow II. Recently, however, an alternate site (as shown on exhibit a) became available in the Otay Rio Business Park. City Council authorized staff to begin negotiations on this site and return with a purchase agreement for approval. RECOMMENDATION: Adopt the resolution approving the sales agreement to purchase a 30 acre site and appropriate the funds. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: As mentioned above, the Public Facilities DIF provides for the building of a new Corporation Yard. The Corporation Yard would contain the activities located at the current site (Traffic Signal and Street Striping maintenance; Street, Street Tree, and Sewer maintenance; Building maintenance; Communications; Parking Meter repair; Equipment Page 2, Item Meeting Date 6/30/92 Maintenance; and Transi0 plus Park Maintenance and the Animal Shelter. The yard is being relocated for two major reasons: the current yard is too small now allowing no expansion for future growth. Also, the geographic center of the City is somewhere east of 1-805, while the current site is located at the northwest corner of the City. In May 1990, Council approved an agreement with Sunbow that allowed the City to purchase a site in the 46 acre industrial park in Sunbow H. This site was located east of 1-805, in Poggi Canyon, adjacent to the future extension of Orange Ave. In order to be able to identify the actual dimensions of the Corporation yard (both for the initial and final phases), in November 1990, City Council approved an agreement with RNL/Interplan(RNL) for the provision of a master plan for the new Corporation Yard. The siting work was completed in April 1991, with the final report being finished in December 1991. In fact, staff was preparing to bring the final report to Council for acceptance. Staff began negotiations with Sunbow for purchase of the site in April 1991 upon completion of site layout work. Tentative agreement was reached between Sunbow and staff, however, final negotiations and agreement were put on hold at the request of Sunbow. With the negotiations deferred, it was projected that site development could not begin until late 1994 or early 1995. At about the same time, some members of staff expressed concern with the fact that the Sunbow site was located very near to the San Diego County landfill. Staff was concerned that the State might, in the future, change the regulations dealing with construction near landfill sites. In addition, the Sunbow site did not allow for future expansion in the event the Otay Ranch was annexed to the City. Another concern was that the Animal Shelter would have negative impacts on the residential units across the canyon. Because of the above issues and the fact that the Sunbow site probably won't be ready until 1994 or 1995 at the earliest, the Director of Public Works suggested that staff look at the Otay Rio Business Park as an alternate site. While the location isn't ideal (due to its location on the southerly boundary of the City), it's only a mile and a half south of the Sunbow site. The Otay Rio site has several advantages over the Sunbow site: it's ready to be developed now as all public improvements to the site and utilities are in place; 49 acres of almost flat usable land are available; and the cost is significantly lower (as noted in the chart below) than the Sunbow site. Taking the above into consideration, staff requested and received from Council, approval to negotiate purchase of a 30 acre site at Otay Rio. Staff has concluded negotiations with Otay Rio and agreed on the attached sales agreement. Page 3, Item__~_~ Meeting Date 6/30/92 COMPARISON OF COSTS FOR CORP YARD SITES OTAY RIO SUNBOW II BUSINESS PRK COST ITEM 2t ACRES 30 ACRES LAND COST @ $4.501SQ FT $4,116,420 NA LAND COST @ $1.801SQ FT NA $2,350,000 METHANE GAS COLLECTION SYSTEM $459,358 NA CITY OF SAN DIEGO ASSESSMENT NA $467,460 DISTRICT $0.35771SQ FT OTAY VALLEY RD ASSESSMENT NA $653,400 DISTRICT $0.501SQ FT TOTAL COST PER SQ FT : $5 0022:$2 6560 Basically, the agreement provides for purchase of the 30 acre site for $2,350,000. The seller had wanted a 30 day escrow, but 60 days seems a more reasonable time in order to provide for the required soils investigation for hazardous material. In any event, escrow will close when all the required conditions are met. In addition to the sales price, staff is requesting that Council appropriate the funds required for the City's share of the Otay Valley Road Assessment District (at $0.50/sq ft), the City of San Diego's Facility Benefit Assessment District (FBA) at $0.3577/sq ft(a requirement of the annexation from the City of San Diego), and $25,000 for any required environmental studies. TorStan is in the process of doing the initial environmental survey at the price agreed on in their contract with the Redevelopment Agency, about $4,000. If this initial survey discloses a need to do so, ground water test wells will be sunk. TorStan has indicated that if such wells are required, $25,000 should be sufficient. As mentioned previously, the Corporation Yard Master Plan for the Sunbow site is already completed. Because it may be to the City's advantage to build some parts of the facility before the main construction is completed (such as Transit Operations or the Animal Shelter), staff believes it is important to get RNL to prepare a new Master Plan for the Otay Rio site. Staff suggests using RNL since they prepared the initial Master Plan; their price was fair for the Master Plan; and their use negates the necessity for an RFP and selection process. This is Page 4, Item Meeting Date 6/30/92 important if the Animal Shelter is to be relocated as quickly as possible. Accordingly, staff is requesting Council's approval to negotiate an amendment to the current agreement with RNL to update the Master Plan for the new site. When agreement on price and the tasks to be performed has been reached, staff will return to Council for approval of the agreement and appropriation of the funds. FISCAL IMPACT: The total amount for appropriation is $3,495,860. This represents $2,350,000 for the cost of the land, $467,460 for the City of San Diego FBA, $653,400 for the Otay Valley Road Assessment District, and $25,000 for environmental studies. The funds have been included by Transit staff in their FY1992-93 budget submittal. When final construction is completed, it is expected that Transit's share will be about 20% (or $4,498,000) of the total cost. It is being recommended that all of these land acquisition funds be taken from Transit, rather than just Transit's share, to preclude any possibility that unallocated Transit funds might be used for transit projects in other parts of the county or state. When the project is completed, a final accounting will ensure that each funding source is charged or credited with an appropriate amount. DCB:dcb RESOLUTION NO. 16655 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT TO PURCHASE LAND FROM OTAY RIO BUSINESS PARK FOR A NEW CITY CORPORATION YARD, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND APPROPRIATING FUNDS THEREFOR WHEREAS, one of the approved projects in the Public Facilities DIF is the building of a new Corporation Yard which would contain the activities located at the current site plus Park Maintenance and the Animal Shelter; and WHEREAS, in May, 1990, Council approved an agreement with Sunbow that allowed the City of purchase a site in the 46-acre industrial park in Sunbow; and WHEREAS, in November, 1990, Council approved an agreement with RNL/Interplan for the provision of a master plan for the new Corporation Yard; and WHEREAS, recently, however, an alternate site became available in the Otay Rio Business Park and the City Council conceptually approved the purchase of this site and staff has negotiated a purchase agreement with the owner; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal and has determined that the general rule exemption from CEQA applies because it can clearly be seen that the "project" will have no possible significant effect on the environment because it involves only the purchase of the property, the property has been the subject of a final Environmental Impact Report, the property has been graded and once the site plan and operation of the facility are known it will be the subject of further environmental analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Otay Rio Business Park for Sale of Property, 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 Vista. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $3,495,860 from the unappropriated balance of Fund 404 Fund and transfer said funds as follows: $2,350,000 to Account 404-4040-GG131-5561; $1,120,860 to Account 404-4040-GG131-5202 and $25,000 to Account 404-4040-GG131-5201. Presented by Approved as t~] form by PublicJ°hn P.worksLippitt, Director of VBrUCenM-Attorey Boogaar~City ~ AJT/AGMT-0TAY Agreement Between the City of Chula Vista and Otay R/O Business Park for Sale of Proper~y This Agreement for the Purchase and Sale of Real Property ("Agreement") between the City of Chula Vista, e chartered municipal corporation ("City") and Otay R~o Business Park, a California ~oint venture ('Otay ltto') consisting of Amalgamated Citrus Growers, Inc. and the Chlllingworth Corporation, dated June 3, 1992 (the 'Effective Date'), is made with reference to the following facts= Whereas, City needs to acquire SO net usable acres of land in order to perform the municipal purpose of having a facility from which it may conduct its various public works functione~ and Whereas, Otay Rio ia the owner of a 50 acre site referred to on the Otay Rio Tentative Map, Chula Vista Tract No. 87-6 ("Tentative Map") as Unit I~ and Whereas, the reel property which ms the subject matter of this Agreement (the "Property") is demonstrated without legal precision on the map attached hereto es Exhibit A, wh/oh ia incorporated herein by reference~ end Whereas, City has made a good faith offer in exercise of ~ts powers of eminent domain to acquire the Property which Otay Rio has accepted, which agreement is memorialized An this document~ Now, therefore, the part,es hereto, in considerat~on of the mutual promises, condit~ons and covenants here~n contained, do hereby agree, in exercise of City's powers of eminent domain, as follows= 1. Warranties and Representations. 1.1 Reliance on Warranties and Representations. Otey R~O makes the following representations and warranties as to the Property for Inducing City to enter into th~e Agreement and which City has materially relied upon. 1.2 Ownership and Authority. Otey Rio is the sole owner of the Property, and has the r~ght, power and authority to sell, convey and transfer the -1- Property to City as provided herein and to perform Otay Rio's obligations under this Agreement. 1.3 R~ghts of Possession. As of the Close of Escrow, no person shall have any right to possession of the Property other ~han Otay !. 4 Mechanic ' s Liens. Otay R/o has received no written notice, demand, claim, summons, complaint, Judgment, writ or order imposing or executing upon a mechanic's or matertalmants lien against the Property which has not bean satis£1ed by Otay R~o es of the Close of Escrow. 1.5 Litigation. Otay Rko has received no written notice,, demand, claim, complaint or other court or arbitration tribunal process, in connection with · currently pending or, to its knowledge, threatened, action, suit or other court or arbitration proceeding by e person involving the Property, including but not limited to Judicial municipal, or administrative proceedings in eminent domain (other than ss contemplated by City), unlawful detainer, collections, alleged health end safety or zoning violations, or personal in]ur/es or property damages alleged to have occurred on the Property or by reason of the condition or use of the Property. 1.6 Regulatory Proceedings. Otay Rko has received no written (l) lnqui~7 or notice of a currently pending investigation by any local, state or Federal administrative agency or governmental body concerning s violation of law or alleged violation of law by Otay Rio with -respect to the Property, or (ii) notice, order, complaint or other process of e local, state or Federal e~ministrstive agency or governments1 body An connection with · currently pending proceeding by that agency or body concerning a violation of law or alleged violation of ~aw by Otay ~/o with respect to the Property which materially interferes with Cltyts title, occupancy or use of the Property. 1.7 Notice of Violations. Otay Rko has received no written notice or order from any ~ourt, administrative agency or governmental bo~y or from any insurer of Otay Rio of violation of any zoning, building code, fire code, health code, air or water pollution or hazardous waste laws, ordinance, rules or regulations (local, state or Federal) regarding the Property. Otsy Rko represents end warrants that (l) Otsy Rko has not, end Otay R/o has no actual or constructive -2- knowledge that during its ownership of the Property there has been, released on or beneath the Property any Hazardous Materials (as defined in Section 4.1.1.1)~ (ii) Otay Rio has no actual or constructive knowledge of any envirOnmental ~ondition or Hazardous Materiel on the Property which would be in violation of any applicable federal, state or local law, ordinance or regulation relating to Hazardous Materials (as defined in Section 4.1.1.1)~ end (iii) during the period of Otey Rlo~s ownership of the Property there has not been any litigation or governmental or administrative proceedings brought against the Property nor any settlement reached with any party or parties alleging the presence, release, or threatened release of any Hazardous Materials (as defined An Section 4.1.1.1) from or under ~he Property. 1.8 Transfer of Assets. The Property to be conveyed to City hereunder does not constitute substantially all of the assets of Otey Rio located in the State of California. 1.9 FIRPTA. Otay Rio is not · "foreign person' within the meaning of Section 1445 of the Interne1 Revenue code. 1.10 Title. T£tle to the Property shall be conveyed by Otsy Rio to City in fee simple absolute, subject only to (i) ell matters shown on the Preliminary Report for the Property prepared by First American Title Insurance Company (the "Preliminary Report'), a copy of which shall be delivered to City within ten (10) days after execution end delivery of e copy of this Agreement by City to Otay Rio, which are not disapproved by City within thirty (30) days after receipt of the Preliminary Report by the City Manager of the City of Chula Vista (the 'City Manager'), (ii) any exceptions resulting from this Agreement, end (iii) current real property taxes and all current installments of unpaid general and special bonds, taxes and assessments (collectively, 'Permitted Exoeptions~). 1.11 Encumbrances. The title to the Property As not encumbered by any outstanding assessments, liens, except ordinary annual property taxes which are not yet in default end except as otherwise may be set forth in the Preliminary Report. -3- 2. Purchase and Sale. On the terms end conditions herein contained, and for the Purchase Price hereinbelow stated, City shall buy the Property from OtayR~o and Otayl~/o shall eel1 the Property to City. 2.1 Purchase Price. On the conditions hereinafter provided, City shall pay to Otay Rko Two Million Three Hundred Fifty Thousand end 00/100 Dollars ($2,350,000.00) ('purchase Price') payable on the Close of Escrow (as defined below). The Purchase Price shall include 611 studies and reports, including, hut not limited to soils, environmental assessments, and engineering plans and specifications, that have been completed by 0ray Rio with respect to the Property. The Purchase Price ie based on the Property comprXsing thirty (30) acres and to the extent the Property contains more or less than thirty (30) acres, as reflected on the ALTA Survey referred to in Section 7.4, then the Purchase Price shall be increased if the Property consists of more then ~hirty (30) acres or decreased if less than thirty (30) acres, in either case on a per square foot basks end based on · cost of Seventy- E~ght Thousand Three Hundred Thirty-Three Dollars Thirty-Three Cants ($78,333.33) per acre. 2.1.1 'Close of Escrow' means the date the Orent Deed is recorded after compliance with ell the conditions of this Agreement and the conditions of escrow instruct~one, which date shall be no later than July 31, 1992. If the Close of Escrow has not occurred by July 31, 1992, then this Agreement shall automatically terminate (except with respect to City's obligations under Section 5 hereof) end neither party shall have any further obligation to the other. 2.2 Limitation of Liability If City closes escrow (aB evidenced by City's acquisition of the Property), then (l) City shall have thereby automatically assumed the risk with respect to any matters affecting the Property es to which the City had actual knowledge (as defined below) as of the Closing Date .(as defined below), whether such actual knowledge was gained on or prior to the Effective Date end including without limitation any such actual knowledge of Hazardous Material on or about the Property, end (Ak) Otay R~o shall have no liabllitywith respect to the matters ¢l~y has actual knowledge of under the immed~ately preceding clause (i), notwithstanding anything to the contrary set forth herein, including without limitation the representations and warranties of Otay ~/o set forth in Section 1 hereof. For purposes of this Section 2.2, ~actual knowledge~ shall mean any written document made available to the City Manager, the City's Public Works Director, Deputy Public Works -4- Director/Operations, Deputy Public Works Director/City Engineer or the Cltyts Building Services Superintendent, whether such written documents ere provided by or on behalf of Otay Rio or whether obtained by City through Cltyts due diligence review of the Property or otherwise. 3. Duty toOpenEscrow. 3.1 The parties sha11 open escrow without the Conditions of Closing (es defined below) being met, end subject only to satisfaction of the following conditions= 3.1.1 Execution of th~s Agreement hyhothperties. 3.2 The parties agree to execute escrow instructions consistent with the terms of this Agreement and such escrow instructions shall not supersede the rights, duties and privileges of the parties established by this Agreement, and shall not terminate any rights end duties remaining executory upon the Close of Escrow. Such escrow instructions, unless they specifically provide that they are emendatory to this Agreement, shall be corrected to reflect any inconsistencies between it end this Agreement. 4. Duty to Close Escrow. The parties shall use diligence end good faith to close escrow (the 'Closing Date') on or before seventy (70) days after the opening of escrow ('Antic~peted Closing Date'), but subject to the occurrence of the following conditions (~Conditions of Closing') each of which shall be construed, not only as a Condition of Closing, but also as a duty of the assigned or responsible party to use good faith to bring to a conclusion. City shall have a feasiblli~y period ending sixty (60) days .after the Effective Date to satisfy itself concerning the matters set forth in Section 4.1 below. If City has not approved such matters in writing within such sixty (60) day period by written notice to Otsy R/o, then this Agreement shall be terminated automatically end neither party shall have any obligation to the other. 4.1 Conditions Precedent to the Obligations of City. The duty of City to close escrow under this Agreement is subject, at City's option, to the fulfillment of each of the following oonditions~ 4.1.1 Environmental Cont~minstion Survey. City determines, in good faith, using reason- able industry standards, that the Property does not contain -5- 'Hazardous Material' as defined in Section 4.1.1.1. City's determinat~on under this Sect/on 4.1.1 shall not impair any warrant/es provided herein by Otsy Rio except to the extent that City has 'actual knowledge' (es defined In Section 2.2). If has any such actual knowledge of facts or circumstances contrary to the representations and warranties of Otay R/o set forth herein, then Otay Rio shall not be liable with respect to the breach of any representation or warranty of Otay R/o to the extent of such actual knowledge of the City. 4.1.1.1 Defin~tion of 'Hazardous 'Hazardous Materiel' means any hazardous or toxic substance, material or waste wh/oh is or becomes regulated by any 1coal governmental au~hority, the State or the United States ~overnment. The term 'Hazardous includes, without limitation, any material or substance which is (1) designated as e 'hazardous substance' pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1321), (2) defined as a 'hazardous waste' pursuant to § I004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. '§ 6091 et seq. (42 U.S.C. § 6903), (3) defined es 'hazardous substance' pursuant to § 101 of the Comprehensive Environmental Response, Compensation end Liability Act of 1980, es amended, 42 U.S.C. § 9601 et seq.~ (4) petroleum and petroleum hy-products~ and (5) asbestos. 4.1.1.2 City to Conduct Environmental Survey. In order to avail itself of the benefit of this condition precedent, City shell have the option, upon opening of escrow, to have the Property examined by an expert to determine the existence of Hazardous Material on the Property. City shall promptly deliver a copy of any such environmental report or study to Otay R/o. 4.1.2 Completion of Environmental Remediation. As to any complaint which City may have es to the environmental contamination of the Property, City may, et its sole discretion, request Otay R~o to environmentally remediste the Property to a level deemed satisfactory to City, not unreasonably set. If Otay R/o agrees to do so, ~n Otey R~o~s sole end absolute d~scretton, sa~d remediation shall be completed at the sole cost and expense of Otey Rio, and shall be subject to inspection end approve1 by City in consultation with any Authority City deems appropriate. If Otay Rio does not agree to such remediation, City shall have the option to terminate th~s Agreement by written notice to Otay Rio w~th~n th~L~cy (30) days after Otay Rio notifies City in writing that Otay P~o will not undertake such remediatton. -6- 4.1.3 Governmental Approv&ls. City shall be satisfied, based on a reason- able evidentiery basis, that any. and ell permits, licenses and other approvals of end by local, state and Federal governmental authorities, departments, agencies, bureaus or ~ommiselons required to buy and use the Property for the purposes herein contemplated have been issued or granted to City or will be issued or granted to City. This aha11 include, but not be limited to, compliance with the California Environmental Quality Act end the California Subdivision Map Act. City agrees to cooperate with Otey Rio in ¢o~nection with the subdivision of the Property, with the parties intending to comply with Section 66428(a)(2) of the California Government Code which exempts land conveyed to or from · governmental agency from the requirements of such Act. 4.1.4 Contract Compliance. Otay Rio shall have performed end complied with each and ever~ covenant, agreement end oonditionrequired by this Agreement to be performed or complied with by Otay Rio prior to Closing, end each end every representation end warranty of Otay Rio made in this Agreement shall be true end accurate as of the date made and as of the Closing Date. 4.1.5 Useable Area. City shall have determined that the Property has sufficient area to construct an enclosed corporation yard compound of 30 acres, including internal roadways. 4.2 Conditions Precedent to the Obligations of Otay Rio. All obligations of Otay Rio under this Agreement are subject to the fulfillment of each of the following conditions: 4.2.1 Payment of Purchase Price. City shall have deposited into escrow the Purchase Price twenty-four (24) hours prior to the Close of Escrow. 5. City's Entry and Inspections. City shall have the right of entry and inspection of the Property end the area which is the sub, eot matter of the Tenta- tive Map during escrow. City shall provide Otsy Rio or cause Otay Rio to be provided with forty-eight (48) hours notice of City's intent or of the intent of City's agents, consultants or contractors to enter upon the Property. Any entry by City or by City's agents, consultants or contractors shall not interfere -7- with Otay Rio's use of the Property or with Otay Rlo's per- formance of its obligations under this Agreement. City shall repair any damage to the Property resulting from such entry end inspection, including, without limiting the generality of the foregoing, in ~he event City or City's representativ~s bore or dig on the Property, the dart which is removed or displaced shall be replaced from where it Is taken end reoompacted comparable to other portions of the Propert7 within ten (10) days after such boring or digging. Cl~y shall be responsible for any coats, claims, damage or injury caused by such entry and shall keep the Property free of any end ell liens arising therefrom. City shall ind~nl£y and hold Otsy Rio harmless against such bility, costs, claims, demands, damage or injury. The provisions of this Section shall survive the Close of Escrow and the termination of this Agreement, as applicable. Duties After Close of Escrow. 6.1 Contamination Ind~mnity. 6.1.1 The term 'Pre-Closing Contamination' shall mean the existence of Hazardous Materials or toxic substances, or wastes, including asbestos, et, on or beneath the Property, including ground water, prior to the' Closing Date. 6.1.2 Subject to the provisions of Section 2.3 hereof, Otsy Rio hereby agrees to indemnify, defend and hold City harmless from all losses, damages,.costs end expenses, including without limitation actual legs1 fees and disbursements incurred by City which arose or resulted from acts, oocurrer~es, ~ matters of Otsy Rio that tOOk place prior to the Close Escrow. Such indemnification shall also include all costs of assessment, containment end remediation of any and ell damages, cost and expenses for bodily injury (including death) and property damage related to or arising out of such Pre-Closing Contamination by Otsy Rio. Otsy Rio's indemnity shall be subject to City conducting e Phase ! Environmental Assessment of the Property (and such additional environmental assessments or studies, if any, es City may determine in its sole discretion) and Otay Rio shell not be responsible for, nor shell City be indemnified for, any information set forth in such study or studies. Otay Rio shall not indemnify City es to · loss caused by the type and concentrations of Hazardous Materiels disclosed in any environmental contamination survey performed by City or to the extent City otherwise has 'actual knowledge' (es defined in Section 2.2) of any such Hazardous Materiel on or prior to the Closing Date. If no such study is conducted by City, this indemnity shall continue in force without modification except to the extent City otherwise has 'actual knowledge' (as defined in Section 2.2) es of the Closing Date of Hazardous Materiels on or about the Property. -8- -It,, 6.1.3 Nothing in this section shall be construed to waive or limit any rights and causes of action which C~t7 may have against Otay Rio for Pre-Closing Contamination under Federal, state or local law, regulation, rule or ordinance or under common law. 6.1.4 Otay Rio shall not be liable for environ- mental contamination of the Proper~y to ~ha extent Otsy !~o can demonstrate such contamination was caused by City or, subsequent to the Closing Date, by any third perty~ C~ty acknowledging that City has the opportunity to conduct environmental studies of the Property. 6.1.5 For a period of five (5) year after the Clos£ng Date, City shell have ~he right, et ClOts expense, to stub-in utility connections to serve the Property to utilities, if any, located on property owned by Otsy Rio contiguous to the Property. 7o ~scrow 7.! Escrow Holder. The escrow required by this Agreement shall be at First American Title Insurance Company ('Escrow Holder'), 411Xvy Street, San D~ego, California 92101. 7.2 Priority of Agreements. In the event of any conflict between the provisions of the escrow instructions and this Agreement, the provisions of this Agreement shall control. 7.3 Title Policy. 7.3.1 Preliminary Title Report. Otay Rio shall, within ten (10) days after the opening of escrow, deliver to City the Preliminar~ Report. 7.3.2 Title Insurance. Otay R~o shall, upon close of ~scrow, and at its own expense, to the extant set forth in Section 7.6 below, deliver to City an ALTA ownerts title policy of title insurance insuring City in the amount of the Purchase Price that City is the fee owner of the Propart7 free and clear of ell liens and encumbrances, except for the Permitted Exceptions. · --9-- ?.4 Deed. At Closing, fee eimple title aha11 be conveyed to City by use of a standard form Grant Deed sub, eot only to the Permitted Exceptions. Prior to the Closing Date, the surveyor preparing the ALTA Survey cf the Property shall prepare a legal description of the Property to be approved and initialled by Otay Rio and City end then attached to this Agreement 88 Exhibit 7.5 Parties* Responsibilities. The paz~les shall ~xeoute and deliver their respec- tive instruments to the Escrow Holder and perform their respec- tive acts sufficiently in advance of the Closing Date to enable Escrow Holder to effect the payment of the Purchase Price to Otay Rio and record the Grant Deed on the Closing Date. 7.6 Costs and Fees. Otay Rio shall pay= (i) that portion of the title insurance costs for the Owner's ALTA coverage title policy equal to the cost of a standard CLTA title policy; (ii) one-half of the fees of the Escrow Holder; (iii) the documentary transfer taxes; (iv) the actual cost of the ALTA survey (and Otay Rio shall have the right to approve the contract for such survey); and (v) property taxes prorated at the Close of Escrow. City shall pay: (i) one-half of the fees of Escrow Holder; (ii) all recording fees if any ere determined to be due after certifica- tion that the sale is to a public entity; and (iii) the balance of the cost of the ALTA title policy. All other costs related to the transaction except as otherwise provided, shall be paid by Otay Rio or City or both in the manner consistent with common practice in San Diego County. Each of the parties shall bear the costs of the services of their respective attorneys. If the Escrow is terminated for any reason, all escrow costs and title charges incurred in connection with this transaction shall in such event be paid by the parties hereto in accordance with the provisions hereof, except that any party in default hereunder shall be liable to the innocent party for its share of said costs and charges. 8. Survival. 8.1 Survival After Closing. The executory provisions o£ this Agreement shall survive the Closing and the deliveryof instruments of convey- ance. The representations and warranties of Otay Rio aha11 survive the Close of Escrow until the earliest to occur of the date (i) ten (10) years after the Closing Date, (ii) the date City completes construction of the improvements contemplated as of the date hereof to be constructed by or on behalf of City on the Property, or (iii) City transfers the Property to a third -10- party. Otay Rio's obligations under this Agreement aha11 run only in favor of City and may not be assigned nor transferred nor shall there be any third party beneficiaries to this Agreement. 9. Brokerts Commissions. Otay Rio and City both warrant that neither has engaged the services of a broker, finder, real estate agent, or any other person who would ha entitled to · commission upon the aaleof the Property ('Broker')J Each party agrees to indemnify and hold each other harmless from and against ~ all liability, claims, demands, damages, or Goats of any kind arising from or connected with any brokers~ fees or commissions or charge claimed to be due arising from the conduct of the other, respectively, in retaining the services of such Broker with respect to this transaction. 0ray Rio shall pay any res1 estate commission or brokerage fas due any such Broker arising from this sale transaction pursuant to any brokerage agreement entered into between Otay Rio and such Broker. 10. General. 10.1 Governing Law. This Agreement and the performance of the transac- tions contemplated hereby shall be governed by end construed and enforced in accordance with the laws of the State of California. 10.2 Entire Agreement. This Agreement and the Exhibits hereto and the agreements referred to herein set forth the entire agreement and understanding of the parties In respect of the transactions contemplated hereby and supersede all prior agreements, arrange- ments and understandings relating to the sub]eot matter hereof. No representation, promise, inducement or statement of intention has been made by City or Otay Rio which is not embodied in th:La Agreement or in the documents referred to herein, and neither City nor Otay Rio shall be bound by or liable for any alleged representation, promise, inducement or statement of intention not so set forth. 10.3 Benefits of Agreement. All of the terms, covenants, representations, warranties and conditions of this Agreement shall bo binding upon, and inure to the benefit of and be enforceable by, ~he parties hereto and their respective successors end assigns, but this Agreement and the rights and obligations hereunder shall not be assigned or duties delegated, except as provided mn this Agreement.. -11- 10.4 Modifications. This Agreement may be emended, mod~fied, auperseded or cancelled, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, only by e written instrument executed by Clt7 and Otey R~o or in the case of e waiver, by or on behalf of the per~y or parties waiving compli- ance. The failure of any par~y et any time or times to require performance of any provision hereof shall in no manner effect the rightet e leter timeto enforce the same. No waiver by eny part7 ofany condition, or of any bt.ach of any term, covenant, representation or warranty contained in this Agreement, in any one or more inatenoee, shall be deemed to be or construed as e further or continuing waiver of any such condition or breach or · waiver of any other condition or of any breech of any other term, covenant, representation or warranty. 10.5 Headings. The article end section headings contained in this Agreement are for convenience of reference only, and shell not in any way affect the meaning or interpretation of th~s Agreement. 10.6 Notices. All notices, requests, demands end other communica- tions required or permitted to be given hereunder shall he deemed to have been duly g~ven if in writing end delivered personally, given by prepaid telegrem, or mailed first-class, postage prepaid, registered or certified mail, es follows= Otay R~o Business Park c/o ~os Alisos Development Corporation 19800 MacArthur Boulevard, Suite 820 Irvine, Celiforni& 92715 Attn= F. Jack Liebau If to City: City of Chule Vista 276 Fourth Avenue Chula Vista, California Attn~ City Manager 10.7 Attorneys' Fees. In the event of any d~spute arising out of the terms of th~s Agreement or action to enforce the Agreementte terms, the prevailing party An any action eh~11 be entitled to reasonable attorneys~ fees in eddition to any other remedies provided for by lew. -12- 10.8 ~xecutiono This Agreement may b~ executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together aha11 constitute one and tho same 10.9 T/me of Essence. Time is of the essence in this Agreement as to 811 dates end time periods set forth herein. 10.10 Further Assurance. Otay Rio and City each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably require to consum- mate, evidence or confirm the sale or any other agreement con- tained herein in the manner contemplated hereby. 10.11 Otay Valley Road Assessment District. City hereby acknowledges that the Property is within the proposed Assessment District No. 90-2 (Otay Valley Road) ('Assessment District 90-2~) proposed to be formed by the City of Chula Vista and City further acknowledges receipt of a copy of that certain Notice to Property Owners delivered under letter of Donna Snider, Civil Engineer, dated April 29, 1992 concerning Assessment District 90-2. To the extent applicable to governmental property owners, City further acknowledges that e special tax will be included in City's annual tax bill for the repayment of bonded indebtedness incurred by Assessment District 90-2, all es more specifically set forth in the Notice. City shall not take any actions challenging the legality of Assessment District 90-2, the issuance of additional bonds by Assessment District 90-2 or the imposition of the special tax by Assessment District 90-2. City acknowledges that Assessment District 90-2 may sell additions1 bonds in the future and City will cooperate with any such bond sales. City shall, upon the request of Otay Rio, execute and deliver further documents in .order to confirm City's acknowledgement of Assessment District 90-2. City hereby waives the right to protest formation of Assessment District 90-2 and the right to protest formation of · Facilities Benefit Assessment District for facilities impacted by development of the Property, all as contemplated by Resolution No. 13173 of the City Council of the City. City acknowledges that it has read and is familiar with such Resolution and that it agrees, es owner of the Property, to be bound by the terms thereof. -13- 10.12 Joint Grading Agreement. City and Otay Rio agree to negotiate in good faith in connection with a mutually satisfactory Joint grading plan for the mass grading of t. he Property and the balance o~ the res1 property of Phase 2 of Otsy Rio Business Park, with the understanding that e Joint pro, eot for the mass grading of such property will be mutually beneficial to City and Otay Rio with respect to cost and removal of sol1. Xn connection with such mass grading, City and Otay Rio acknowledge and agree ~hst dirt may be moved between the Proper~y and contiguous property of Phase 2. 10.13 Development. In connection with Cityts developmei~t of the Property, City agrees to comply with the development restrictions and conditions set forth in conditions of approval nos. 31 and 34 (including without limitation, landscaping and set backs, fencing and certain other design requirements) of Resolution No. 13173 of the City Council of the City of Chula Vista. 10.14 Utility Corridor. City agrees to grant Otay Rio or the appropriate utility authority(les) or agency(les) an easement for a corridor ("Utility Corridor') aa required in the Tentative Subdivision Map for Otsy Rio Business Park, Tract 87-6, and Resolution No. 13173 of the City of Chula Vista. The Utility Corridor shall only include water, sewer, and storm lines and drains. City shall have the reasonable right to approve and/or establish ~he location of said Utility Corridor on the Property. The plans.and specifications for the Utility Corridor shall be submitted to the City for approval at least (30) thirty working days prior to construction. Otay Rio shall be responsible for all costs for construction of the Utility Corridor. City shall have the right to require the relocation of this easement at Cityts expense. Otay Rio shall indemnify and hold harmless City from any and all liability, claims, costs (including reasonable attorneys~ fees), damages, and property damages arising from the entry (including any surveys), and construction of the Utility Corridor. Otsy Rio shall also provide commercial general liability and property damage insurance in the amount of one million dollars ($1 million) naming the City as an additional insured in connection with construction of the Utility Corridor. A certificate of said insurance must be filed with the City's City Clerk, 276 Fourth Ave., Chula Vista, CA 91910 prior to commencement of any surveys or construction. -14- IN WITNESS t~IEREOF, the part~ea have duly executed th~s ~nstrument on the date £irst above ~ritten. Dated: June~, 1992 CITY OF CHUL~ VISTA M. Boogaard,/ ~ Attorney ~ OTAY RIO BUSINESS P~ By: ~TED CITRUS ATTEST: Beverly Authelet C~ty Clerk Exhibit A: Map Exhibit B: Legal Description (to be attached when approved by C~ty end Otay Rio) COUHCIL AGENDA STATEMENT MEETING DATE: 6/30/g2 ITEM TITLE: Report regarding funding for the Nature Interpretive Center and the relationship of the Bayfront Conservancy Trust to the City and Redevelopment Agency SUBMITTED BY: Deputy City Manager Thomson ~! City Managerx (4/5ths Vote: No X Yes ) REVIEWED BY: At the Council budget review meetings held on May 21 and May 28, 1992, Council raised a number of questions regarding the funding for the Nature Interpretive Center (NIC) and the relationship of the Bayfront Conservancy Trust (BCT) with the City and the Redevelopment Agency. These issues included the source of funding for the Nature Interpretive Center, loans made to the BCT by the City and Redevelopment Agency, methods for the BCT to repay those loans, taxing authority for a benefit assessment district, operating and budget controls over the NIC, hiring authority and supervision of the NIC staff, and month to month approval of the BCT/NIC budget and/or lease until these issues have been addressed. These issues have been reviewed by staff, including the City Attorney, Finance Director, Community Development Director, and Executive Director of the BCT, and are discussed in the body of this report. RECOMMENDATION: That Council: 1. Direct staff to prepare a Lease, Loan, and Operating Agreement with the provisions outlined in this report, for subsequent consideration by the City Council, Redevelopment Agency, and BCT Board of Directors. 2. Request that the Redevelopment Agency further consider the funding alternatives listed in this report, in the context of negotiations with the Bayfront developer. 3. Approve in concept the use of about $200,000 of the proposed Kaiser development agreement fund as an interim step toward obtaining funding for the BCT. 4. Request that the BCT Board of Directors, at its July 25 meeting, amend its Articles of Incorporation and By-Laws to give the Chula Vista City Council the power to ratify or disapprove any changes or amendments to the Articles and By-Laws. 5. Direct staff to "freeze" half of the FY 1992-93 budget for the BCT/NIC until such time as the Council approves the unfreezing of the remainder of the FY 1992-93 BCT/NIC budget. PAGE 2, ZTEM: ~,.~ MEETING DATE:'-O'6-/'3rO?:J-~ BOARDS/COMHISSZONS RECOMMENDATION: These issues will be discussed further with the BCT Board of Directors after Council considers the above recommendations and provides any additional policy direction to staff. The BCT Board, at its May 26, 1992 meeting, unanimously approved in concept the above recommendation #4. DISCUSSION: A. BACKGROUND AND HISTORY The concept for establishing the Bayfront Conservancy Trust and the Nature Interpretive Center was developed during preparation of the Local Coastal Plan for Chula Vista. The Articles of Incorporation and the By-Laws were drafted in 1985 with the assistance of the California Coastal Conservancy. The Articles and By-Laws were accepted by the Redevelopment Agency in August 1985 and were formally adopted in October 1986 by the BCT Board of Directors, which had been appointed in early 1986. As stated in the Articles, the specific purposes of the BCT include: preserving land for scientific, ecological, recreational, scenic, and open space opportunities; engaging in the restoration, enhancement and preservation of the Sweetwater Marsh complex; receiving and holding dedications of land; and increasing public knowledge of and support for a natural resource conservation. The BCT's organizational structure, goals and objectives were included in section 19.88.5 of the Local Coastal Plan/Bayfront Specific Plan as amended in November 1986. In January 1987, the City Council approved a Cooperation Agreement between the City and the BCT. This Cooperation Agreement provides that the BCT staff will be City employees with the City Manager being responsible for the hiring and termination of the employees; the BCT will advise the City Manager as to their performance and may make recommendations as to hiring and termination of services. All City costs for such employees are to be charged to the BCT. The initial BCT staff were hired by the City in early 1987. The Cooperation Agreement is for an indefinite period of time, but can be terminated without cause upon 30 days notice by either party. This contract is currently still in effect. In March 1987, the Redevelopment Agency approved an agreement with the BCT for a five year lease of the Nature Interpretive Center to the BCT for $1 per year. This lease expired in January 1992, and therefore needs to be renegotiated. As part of the stipulated settlement in Sierra Club v. Marsh, the Redevelopment Agency received an easement to the NIC compound and the license for the access road. The Redevelopment Agency also owns the NIC building, having funded $t.6 million dollars of the $2.25 million dollar construction cost. The NIC officially opened on July 4, 1987. On March 17, 1992, the Council reviewed potential changes to the Articles of Incorporation and By-Laws of the BCT and approved the staff recommendation to recommend that the BCT Board of Directors execute the proposed changes in the Articles and By-Laws (see attached Agenda Statement and its attachments). PAGE 3, ITEM: ~- MEETTNG Supplemental Budget Report No. 8 (also attached) was provided to Council on May 28, 1992 and describes the actions taken by the BCT Board at its March 24 and May 26, 1992 meetings. As indicated in that report, the BCT approved the recommended changes to the composition of the Board of Directors, but did not approve creating "members" of the corporation (with the members comprised of the Chula Vista City Council) for reasons summarized in the report. Instead of creating "members," the BCT Board on May 26 approved in concept giving the Chula Vista City Council the power to ratify or disapprove any future changes or amendments to the Articles of Incorporation or the By-Laws of the BCT. This alternative approach was suggested by the City Attorney in a March 13 memo to the Council attached to the above referenced March 17, 1992 agenda statement. The BCT Board currently intends to consider formally amending the BCT Articles and By-Laws at its July 25, 1992 meeting to give the Chula Vista City Council such veto authority over future changes to the Articles and By-Laws. At its May 21 and May 28, 1992 budget review meetings, the City Council raised the questions highlighted in the introduction to this report regarding the funding for the NIC and the relationship of the BCT to the City and the Redevelopment Agency. B. FUNDING FOR THE NIC/BCT As indicated previously, the Redevelopment Agency funded $1.6 million of the $2.25 million in construction costs for the NIC, which opened on July 4, 1987. The Agency has leased the NIC to the BCT for $1 per year in the recently expired five-year lease. The Redevelopment Agency also provided grants of $575,000 in FY 1986-87 and $358,150 in FY 1987-88 for exhibits and start-up operating costs. Starting in FY 1988-89, City and Redevelopment Agency funding for the BCT have been considered loans to the BCT. As indicated in the attached Exhibit A, the loans to the BCT from FY 1988-89 through FY 1991-92 total $676,662 from the City General Fund and $661,350 from the Redevelopment Agency. Adding the interest recorded through June 1991 brings the total City and Redevelopment Agency current loan amount to $1,529,325 (with an additional $142,754 in interest being accrued for the year ending June 30, 1992). Based on the FY 1992-93 budget of $450,370 for the Nature Interpretive Center, the FY 1992-93 loans to the BCT from the General Fund and the Redevelopment Agency will be $199,120 and $182,050 respectively. Adding these loans and the interest that will be accrued through June 1993 to the above amounts would bring the total BCT loan amount as of June 1993 to about $2.2 million. The relative BCT loan amounts from the City's General Fund and from the Redevelopment Agency are calculated annually based on a previously established formula for using Redevelopment Agency funds to support the Bayfront promotional aspects of the NIC to the extent that is considered legally supportable. Other sources of funds for the NIC operating budget include donations and grants, rental of the NIC building to outside agencies and groups, and the BCT fund balance from the previous fiscal year. Although funding for the maintenance of PAGE 4, ITEM: MEETZNG DATE:-O"6T'J'O'T~J~ exhibits is included in the annual operating budget, monies to establish new exhibits are not budgeted and are added later during the fiscal year when corporate donations or grants are received. There is a separate fund for the NIC bookstore, which has essentially been self supporting from its sales revenues. When the BCT was being formed and the NIC constructed, it was anticipated that a Bayfront assessment district would be formed within a few years and that the annual assessments would support most of the BCT's ongoing operating costs, supplemented by grants and fund raising. This has not yet occurred; in fact, the collection of fund~ from such an assessment district would likely still be several years away. If the current general practices are continued another four years, the projected BGT loans and accrued interest through June of 1996 would total about $4.2 million, as detailed in the attached Exhibit A. About $2.1 million would be owed to the City General Fund and about $2.0 million owed to the Redevelopment Agency. Repayment of a potential $4.2 million loan fully amortized over 20-25 years at 8% - 10% interest (for discussion purposes) would require annual BCT payments in the range of $390,000 - $485,000. Preliminary discussions regarding the potential Bayfront assessment district have been based on annual yields of $400,000 - $500,000. An annual yield in this range could support most of the BCT's ongoing operating costs but would not be adequate to in addition repay a multi-million dollar loan. There may also be some legal constraints on making an assessment district responsible for costs incurred prior to the formation of the district. Other potential alternatives to help fund the BCT loan repayments and/or ongoing operating costs include: · Establishment of a major endowment fund from the land owners and possibly adjacent land owners. (Proposed by major land owners.) · Contributions as Bayfront development occurs, through a development agreement. · Using part of the incremental revenues to the City/Agency generated by Bayfront development. · The Redevelopment Agency selling the NIC to the Port District, and the BCT leasing it from the Port District for a minimal amount per year. i The City, not the BCT, would be the taxing authority for such an assessment district, Although the funds raised from the assessment would need to be spent for the purpose for which the district was formed, the funds would not automatically go to the BCT. 3:z- q MEETING DATE:~ · Establishment of tour group and admission charges to the NIC (in addition to the current charge of $.50 per adult for the round-trip shuttle service). · Using part of the proposed $1.2 million from the Kaiser development agreement. The first four of the above alternative funding sources, as well as the potential assessment district, are recommended to be considered further by the Redevelopment Agency in the context of negotiations with the Bayfront developer and/or the Port District. Although there is some concern that charging admission and tour group fees could have a negative impact on the attendance at the NIC, staff plans on further evaluating such potential charges unless Council directs staff not to pursue this alternative. If Council approves the Kaiser development agreement (which is a separate item on the Council's June 30 agenda), staff would recommend that part of that $1.2 million be used, as an interim step, to fund what would otherwise be a loan of $199,120 to the BCT for FY 1992-93 from the City's General Fund. C. RELATIONSHIP OF BCT TO THE CITY AND REDEVELOPMENT AGENCY As described previously, the loans that the City and the Redevelopment Agency have provided to the BCT are already in excess of $1.5 million, and could exceed $4 million by the time alternative funding sources can start covering the operating costs of the BCT. As a result of this significant financial interest, it is appropriate for the City and the Redevelopment Agency to tighten up their relationship with the BCT. Staff is recommending that a new Lease, Loan and Operating Agreement be prepared for consideration by the City Council, Redevelopment Agency and BCT Board of Directors. Staff would plan on incorporating the following into the proposed agreement: · The agreement would replace the expired lease and the current Cooperation Agreement and would formalize the loans to the BCT. · It would include provisions requiring a fully amortized loan repayment schedule to the City and the Agency. · The City would have the right to terminate the lease for convenience, at least until the BCT had fully paid off the loans. · Any fixtures, exhibits or improvements to the leased facilities will belong to the City/Agency if the agreement is terminated before the loans are fully repaid. HEET~NG DATE:-O'6'73rOT'CJ~ · The City/Agency would have the following operational controls, at least until the BCT loans are fully repaid: - The City Manager will be the appointing authority for the BCT staff, with input from the BCT Board on the Executive Director, and the City will determine the salaries of the BCT staff. - The City Manager will supervise the Executive Director of the BCT and oversee its staff and operations, with input from the BCT Board. - The City's Finance Director will serve as the Treasurer of the BCT and oversee its expenditures and purchasing procedures. - The City will determine the annual budget of the NIC, with input from the BCT Board. - The BCT cannot terminate the agreement, without the consent of the City/Agency, until the loans are repaid. Staff also recommends that the Council request that the BCT Board of Directors, at its July 25 meeting, amend the BCT Articles of Incorporation and By-Laws to give the Chula Vista City Council the power to ratify or disapprove any future changes or amendments to the Articles and By-Laws. As mentioned previously, the BCT Board has already approved this change in concept. Staff feels that this veto authority, in addition to the protections outlined above for a new Lease, Loan and Operating Agreement, will significantly improve the position of the City and Redevelopment Agency in relationship to the BCT. It is also important to note that the City Council appoints four of the voting BCT directors, and the Mayor (or Mayor's designee) serves as Chairman of the BCT Board as well as being a fifth voting BCT director out of the eleven total voting directors. The other six voting directors are appointed by varied groups including the Board of Supervisors, the National City City Council, and the Landowner(s). The Council may, however, wish to again recommend that the BCT Board of Directors establish "members" of the BCT comprised of the City Council. This additional step would further strengthen the position of the City and the Agency. Given the BCT Board's previous reluctance to approve the establishment of the Council as "members" of the BCT, staff would recommend that Council establish a subcommittee to further discuss the issue with the BCT Board if the Council decides that it wants to pursue the "member" issue further. FISCAL IMPACT: The recommendations in this report should help strengthen the City and Redevelopment Agency's positions in relationship to BCT costs. Half of the FY 1992-93 budget for the NIC is recommended to be "frozen" until such time PAGE 7, ITEM: 77-- MEETING DATE:-O-~ as the Council approves I'unfreezing" the remainder of the FY 1992-93 budget. This can be accomplished by limiting the additional loans to the BCT from the City and the Redevelopment Agency, until the Council is satisfied with the progress being made on the issues discussed in this report. A:BCTFUND RESOLUTION NO. /&~l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH THREE PARTY AGREEMENT FOR OTAY RANCH DEVELOPMENT PROCESSING BETWEEN THE CITY OF CHULA VISTA, ROBERT BEIN, WILLIAM FROST AND ASSOCIATES AND BALDWIN VISTA ASSOCIATES, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch; and WHEREAS, the payment schedule proposed in the latest Agreement approved by the City Council (November 12, 1991) needs to be revised per a request from Baldwin Vista Associates; and WHEREAS, the agreement has been reviewed by all parties and is acceptable to RBF, Baldwin and the city. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Fourth Three Party Agreement for Otay Ranch Development Processing between the City of Chula Vista, Robert Bein, William Frost and Associates and Baldwin Vista Associates, L.P., 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. Presented by Approved as to form by George Krempl, Deputy city Bruce M. Boogaard, City Manager Attorney OTR¥ lZ~ FI ri I~ H June 30, 1992 TO: The Honorable Mayor and Members of the City Council FROM: Anthony J. Lettieri,t~CP, General Manager SUBJECT: Agenda Item 10 - Revised Equity Statement On June 30, 1992, Baldwin submitted to the Otay Ranch Project Office the latest property statements for the three properties to be used as equity for the security associated with the RBF Agreement. Those statements show that the encumbrances for the three parcels total approximately $1,106,000.00. The appraisals, as submitted by Baldwin, for the three parcels total $1,770,000.00. This means that the net equity is approximately $664,000.00. Please revise your Agenda Statement and page 5 of the Agreement to reduce th~ equity~.o at least $664,000.00 from the $748,000.00 currently stated in the Agreement. mcmos#2:¥n63092.ajl 315 Fourth Avenue, Suite A, Chula Vista, CA 91910 · (619) 422-7157 · FAX: (619) 422-7690 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT ~atement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters ich will require, discretionary action on the part of the City Council, Planning Commission., and all other 'icial bodtes. The following information must be disclosed: List thc names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. Granite/ Cqns t r uct_ion~ C, ompa~ _a~ , If any person identified pursuant to (1) above is a co~orfition o~ers~~ names of ~I1 individuals o~g more than 10% of the shares in the co~oration or o~ng any pannership interest ~ the panners~p. Granite Constr~ction Incorporated If any person identified pursuant to (1) above is non-profit organization or a trust, ~st the names of any person se~g as director of the non-profit orga~tion or as ~s/ee or beneficia~ or /rustor of the~ 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_h~ If yes, please indicate person(s): Please identify each and every person, including any agents, employees, consultants or independent contractors who you l~ave assigned to represent you before the City in this matter. 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 x If yes, state which Councilmember(s): ~ is defined as: 'Any individual, firm, co-partnership, joint venture, association, socialclub, paternal organization, corporation, rte, trust, receiver, syndicate, this and any other count); city and country, cit); municipality, district or other political subdivision, c.,ly other group or combination acting as a unit: ~/ ~//~/ O'I'E: Attach additional pages as necessary) ~,Ie: O_~une 10~ 1992 By: Signa%re of contractor/applicant R.C. Allbritton~ Vice President Print or type name of contractor/applicant : :~.YDISCLOSE.TXWJ [Revised: 11/30,90] (APP.05) STATE USE ONLY PROJECT NO. EA PP No. APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS Part h Information and Certification Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq., application for State-Local Transportation Partnership Program Funds is hereby made by: Applicant: City of Chula Vista Address: 276 FOu~h Avenue. Chula Vista. Calif{)rni{~ ~1~10 Contact Person: Mr, $~mir M. Nuhailv. Civil Enoineer Phone: (619) 691- 5173 Dist: 11 County: San Dieoo Route No: CS PM/PM: 1 Estimated Award Date: June 1994 State Hwy involved? No % Work on State Hwy Will State Administer Contract? yes/no Ng Transit project? yes/no No Description of Project Limits: I-~0,~/Telegra~oh Canyon Road Interchange Description of Work: Interchange modifications and imorovements will include ramo widening, street widening under 1-805. additional sionalization of ramps and synchronization of all sionals. Identify Source of Local Share Funds: Develooer Fees Justification of Project: Existino interchanoe confi0uration is inade0uate to convey Desk oeriod traffic volumes. This Droiect will increase interchange ca0acity to acce.D'table levels of service for both existino and future traffic volumes Part Ih Pro!ect Costs iA) Contract Items $1.200.000 A (B) Less Federal Project Costs (Contract Items) $ < 0 > B (C) Net (Contract Items) C = A- B $1.200.0~ C iD) D=0 $ 0 D (E) Total Project Cost E = C + D $~E , Maximum State Share Total Project x (0.5) F = 0.5 (E) $ 600.000 F CERTIFICATIOI~: TO the best of my knowtedge and be[tel, the data and information provided In this application ire true and correct~ and ] am authorized to fl[e this application on behalf of the applicant. Applicant acknowledges that it understands, and can coepty with the time limits for sward of contracts and expenditure of funds. flame and ?iris.* 14r~ C~lfford L. Swanson. Deouty Pubtic Uorks Director/City Enctneer ~ttachments.- Local Nap, TypfCaVT~''I $ectfonm Engineer's Estimate (SI~N\TRANSAPS) ~' o ..,~Ir-'~ .... ._ ~ . PROJECT LOCATION O ~ EXHIBIT ~ s~; M J I INTERCHANGE IMPROVEMENTS 1-805 / TELEGRAPH CANYON RD, ~=~ 6-1S-92 PHASE II STM304 , T~f'BRIDGE COLUMN WEST BOUND EAST BOUND ( PROPOSED WIDENING ) (*EXISTING CONDITIONS ) ~ ., EXHIBIT D~..~lrli' }¥! M J I TYPIC'AL CROSS SECTION . TELEGRAPH CAN¥'ON ROAD I D}, 'I'~-I 6 I 22 / 92 AT INTERCHANGE WITH 1-805 SLTPP Project No: F..x'penditure Authorization: F'de: KY-179 F~e: HX-012 CITY OF CHULA VIETA ENGINEERING DIVISION ENGINEER'S ESTIMATE PROJEC'I'TITLE: INTERCHANGE IMPROVEMENTS D~T~: 6/18192 1-805 / TELEGRAPH CANYON ROAD ~l~ ~Y: M J I (APP,05) STATE USE ONLY PROJECT NO. EA No. PP No. APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS p{~rt I; Information and Certification Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq., application for State-Local Transportation Partnership Program Funds is hereby made by: Applicant: (~ity of Chula Address: 276 Fourth Avenue. Chula Vista. California 91910 Contact Person: Mr. Samir M. Nuhaily. Civil Engineer Phone: (619) 691- 5173 Dist: 11 County: San Diego Route No: CS PM/PM: t Estimated Award Date: June 1994 State Hwy involved? NO % Work on State Hwy Will State Administer Contract? yes/no Ng Transit project? yes/no Ng Description of Project Limits: I-~05/East "H" Street Interchanoe Description of Work: Interchanoe modifications and improvements, including street and ramo widening. restrioino. Identify Source of Local Share Funds: Dev~looer Fees Justification of Project: Existino interchanoe configuration is ina.deouate to convey Desk oeriod traffic volumes. This Dro!ect will increase interchange capacity to accebtable levels of service for both existino {and future traffic volumes. Part I1: Proiect Costs iA) Contract Items $.~.,~.,J~.~A (B) Less Federal Project Costs (Contract Items) $ < C) > B (C) Net (Contract Items) C -- A - B $~C (D) D=0 $ 0 D (E) Total Project Cost E = C + D $ 3.200.000 E ' Maximum State Share Total Project x (0.5) F = 0.5 (E) $1.600.000 F CERTIFICATION: To the best of my knoutedge and belief, the data and tnfor~ation provided in this appticetlon ere true and correct, and I em authorized to file this apptication on behatf of the sppticant. Applicant acknouledges that it understands, end can comply uith the time I, tmfts for euard of contracts end expenditure of funds. Name and Titter #r, C~ffford L. iuanson. Deout¥ Public Works Director/City Enaineer ./,d:.p, /),.,.. L' 1_ PROJECT LOCATION 0 ~ EXHIBIT "A' D~.~ ~¥~ .M J I INTERCHANGE IMPROVEMENTS 1-805 / EAST .'H' STREET D~,T~.~ 6-15-92 PHASE II 8TM$05 PAINTED I 8'" * I~' ~' t2' /2/ /£~ g' ~', SIDEWALK WEST . BOUND EAST BOUND ~ ,. EXHIBIT "B' D~r~ ~¥1 M J ~1 TYPICAL CROSS SECTION EAST 'H' STREET ID~.T~-I 6 / 22 / 92 INTERCHANGE WITH 1-805 AT SLTPP Project No: Expenditure Authorization: File: KY-l?9 File: HX-010 CITY OF CttULA VISTA ENGINEERING DIFI$ION ENGINEER'S ESTIMATE PROJECT TITLE: INTERCHANGE IMPROVEMENTS ])s~: 6 / 18 / 92 1-805 / EAST "1"1" S'rREET- PHASE II ~,m,s~.~v: M J I ~0.~ OUA~x UNIT UNITPRI~ AMOUNT 1 G~G, GE~ ~ ~ $450,~.~ ~50,~ 2 ~MOV~ OF S~A~ ~RO~ ~ ~ $75,~.~ $75,~ 3 ~TO~ON OF ~O ~RO~ ~ ~ $65,~.~ $65,~ 4 P~ON OF S~B~E 75,~ SF $1.~ $~,~ 5 B~E ~S~B~E 75,~ ~ $~75 $2~,~0 6 AC PA~~ S~A~ ~RO~ 75,~ SF $3.~ $~3,750 7 ~, O~ ~ S~EW~ 830 ~ $30.~ $~,~ S ~ ~'S (O~ & ~GRO~) ~ ~ $1~,~.~ $1~,~ 9 LIG~G 5 ~ $4,~.~ $20,~ 10 ~NS~U~ON SIGNAGE ~ ~ $~,~.~ $~,~ 11 SIGNAGE ~ ~C S~ ~ ~ $1~,~.~ $1~,~ ~2 P~ S~ WO~ ~ ~ $25,~.~ $25,~ 13 P~ ~E~ ~ 8 ~ $650.~ $5,2~ ~4 D~AGE ~RO~(CO.,C.L~-G~.~O ~ ~ $~,~.~ ~S ~C ~OL ~ ~ ~,~.~ ~,~ 16 ~C SIGNalinG ~ ~ $350,~.~ $350,~ ~7 w~/~ ~ ~ $~,2~,~.~ $~,~,~ PRO~ ~T~ $3,1~,1~ ' SAY $3,2~,~ (APP.05) STATE USE ONLY PROJECT NO, EA No. PP No. APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS Part I: Information and Certification Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq., application for State-Local Transportation Partnership Program Funds is hereby made by: Applicant: Citv of Chula Vista Address: 276 Fourth Avenue. Chula Vista. California 91910 Contact Person: Mr. Samir M. Nuhaily. Civil Engineer Phone: ( 619 ) 691-5173 Dist: 11 County: San Diego Route No: CS PM/PM: Estimated Award Date: June 1994 State Hwy involved? Ng % Work on State Hwy Will State Administer Contract? yes/no No Transit project? yes/no Ng Description of Project Limits: "L" Street - Mission Avenue to Nacion Avenue Description of Work: Street reconstruction including curb. gutter, sidewalk, oavement end medians. Identify Source of Local Share Funds: TransDortation Sales Tax ~ransnet). Justification of Project: This Dro!ect will imorove sight distance'l~v lengthening the crest vertical curve and thereby increasino the safety of this mafor thorouohfare. Part Ih Proiect Costs (A) Contract Items $ 400.000 A (B) Less Federal Project Costs (Contract Items) $< 0 > B (C) Net (Contract Items) C = A - B $ 400.000 C (D) D=0 $ 0 D (E) Total Project Cost E = C + D $ 400.000 E ' Maximum State Share Total Project x (0.5) F = 0.5 (E) $~F CEE/IF]CATION= To the best of my know[edge and belief0 the data and information provided in this application ere true and correct, and ! am authorized to fits this application on behalf of the app[Icsnto Applicant acknowledges that it understands, and can co~ty with the time limits for award of contracts and expenditure of funds. Name end Tit[e: ~lrt Clifford L. Suanson. Deputy Public 14orks Director/Eity.l"n~fnee~' ~ttachments:/"~l~oca[ Nap, Typicst Section, Engineer's Esttmat~/ ($HH\TRANSAP3.) PROJECT LOCATION O ~ EXHIBIT "A' ~u~;~; ~Y~ M J I' STREET RECONSTRUCTION I 'L' STREET FROM D~T;; 6-15-92 MISSION AVE TO NACION AVE I $T512 I ~o' ,. ~ , / . WEST SOUND EASi ~OUND I I SLTPP Pro~ect No: - Expenditure Authorization: File: KY-179 CITY OF CHULA VISTA ENGINEERING DIVISION ENGINEER'S ESTIMATE PROJECT TITLE: STREET RECONSTRUCTION - 'L' $1REET o*~: 6/18/92 FROM MISSION AVENUE TO NAClON AVENUE ~,m~.,.m~ sY: M J I cm~sv: $ M N NO. ITEM QUANT/fY UNIT I UNITPPJC~ AMOUNT 1 GRADING ITEMS LS LS $25,000.00 $25,000 2 REMOVAL OF SURFACE IMPROVEMENTS LS LS $110,000.00 $110,000 3 RESTORATION OF EXISTING IM}'ROVEMEN]~ LS LS $10,000.00 $10,000 4 PREPARATION OF SUBBASE 36,000 SF $0.3~ $12,600 5 BASE AND SLrBBASE 36,000 SF $1.50 $54,000 - 6 AC PAVEMENT AND SURFACE IMPROVEMENTS 36,000 SF SZO0 $72,000 ? AC OVERLAY 7,000SF $1.00 $7,000 $ CURB, (}UTI'ER, AND SIDEWALK 1,200LF $20.00 $24,000 9 UTILITY IMP'S (OVERHFAD & UNDERGROUND) LS LS $6,000.00 $6,000 10 LIOHTINO 2 EA $3,500.00 $7,000 11 SIONAGE 2 EA $1,000.00 $2,000 12 PCC DRIVEWAYS 4 EA $800.00 $3~200 13 PCC WHEELCHAm RAMPS 6 EA $700.00 $4,200 14 DRAINAGE IMPROVEMENTS(C.O.,GI.,X-OUT.,ETC) 2 EA $3,000.00 $6,000 15 SEWER IMPROVF..MEN'~ LS LS $1,000.00 $1,000 16 TRAFFIC CONTROL LS LS $3~,000.00 $3~000 1'/TRAFFIC SIGNALS/STRIPINO LS LS $1,000.00 $1,000 15 W,~US/FENCES LS LS $20,000.00 $20,000 PROJECT TOTAL $400,000 (APP.05) STATE USE ONLY PROJECT NO. EA No. PP No. APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS Part I; Information and Certification Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq., application for State-Local Transportation Partnership Program Funds is hereby made by: Applicant: (~ity of (~h~jla Viat~ Address: 276 Fourth Avenue. Chula Vista. California 91910 Contact Person: Mr. Samir M. Nuhaily. Civil Engineer Phone:(619) 691-5173 Dist: 11 County: San Diego Route No: CS PM/PM: I / Estimated Award Date: June 1994 State Hwy involved? NO % Work on State Hwy 0 Will State Administer Contract? yes/no No Transit project? yes/no No Description of Project Limits: Ot~y Valley Rd. Phase II between Nirvana Ave. and easterly City_ limit Description of Work: widen ~nd reconstruct existing 2 lane road. Improvements include grading, curb. gutter, sidewalk, drainaoe facilities, water mains, and street liohte. Identify Source of Local Share Funds: Assessment District Justification of Project: Exi~tinq r~d is inade0uate to convey peak period traffic v~l~jm~8. This Pro!eot will increase street capacity to acceptable levels of service. Part I1: ProjeCt (~',osts lA) Contract Items $1.67'4.000 A lB) Less Federal Project Costs (Contract Items) $ < 0 > B lC) Net (Contract Items) C = A - B $1.674.000 C (D) Da0 $ 0 D (E) Total Project Cost E = C + D $1.674.000 E Maximum State Share Total Project x (0.5) F = 0.5 (E) $ 83?.000 F CERTIF%CATIOIQ: To the best of my knowledge and beLief~ the date end information provided in this application ere true and correct, and ! am authorized to file this application on behalf of the appLimant, Applicant acknowledges that it understands, amd can comply with the time Limits for award of contracts end expenditure of funds. Name and Title: HrnCkifford L. Swa~ Deputy Public ~/orks Director/City Encineer ,',..-.. ,r--' ,- ,, . 'ittachmants: Lo--Hap'Typical Section, Engineer's Estimate ($HN\TRANSAP~) SLTPP Pro}ecl No: ~ndir~e Amhofizatio~' F'ge: ~-1~ CI~ OF CHU~ VI~A ~GIN~NG D~I~ION ENG~ER'S ~ ~: OTAY V~ ~ ~NING, P~E Il ~: NI~ A~NUE TO ~Y ~ UM~ ~: K P A I M J I ~: 8 M N 1 MOBn.~A~ON ~ ~ ~,~.~ ~,~ 2 ~C~OL ~ ~ ~,~.~ $~,~ 3 ~OV~P~OF~T.~RO~ ~ ~ ~.~ 4 ~~OV~ 67,~2 ~ ~ 5 ~VA~ON ~ G~G 9,67~ ~ $1~ 6 ~ORT~ ~A~ON 41~ ~ ~ ~10,~ 7 ~ PAnG (~ ~} 5,1~ T~ ~.~ $243,~1 8 A~GA~B~E{~) 6~ Tom $16~ $1~16 9 ~GA~S~B~E{I~) 8~ Tom $10.~ ~1,015 l0 MONO~C ~, G~ · S~EW~ ~4~ ~ $1f.~ II ~E~I'~ 2 ~ ~.~ 13 ~E ~2' ~, MODw~ I ~ $~.~ ~4 ~W~E'A',S~G~) ~ ~ ~,~.~ ~,~ ~S~W~'A',DO~) 2 ~ Si,~.~ S~0,~ 18 ~. 181 ~ ~.~ $11,7~ 19 24'~. ~4 ~ ~5.~ $1S,~ 2~ SHO~O ~ ~ S2~.~ ~ ~WA~(~,A~) ~ ~ ~.~ ~,4~ 24 B~ ~GE (l~) I ~ ~.~ ~ ~U~B~ 1 ~ ~.~ ~0 ~ ~ON~G l~WA~ l~ ~.~ 27 ~N~U~ONS~O ~ ~ · $1f,~.~ $~,~ ~ ~]ON~OL ~ ~ ~.~ ~ ~S~GA~ON ~ ~ $1~,~.~ $1~,~ ~ D~AGED~(218~ ~ ~ $1,~.~ $~ 31 PA~~G ~ ~ ~35 ~4~ 32 ~A~~ 2~0 ~ ~.m 33 PA~G~ ~ SF ~.~ ~ SIGNS ~ ~ $~.~ ~7~ - ~RO~ ~T~ $1~4~1~ (APP.05) STATE USE ONLY PROJECT NO. ~ NO. PP NO. APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS P{~rt I; Information and Certification Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq., application for State-Local Transportation Partnership Program Funds is hereby made by: Applicant: catv of Chula Vista Address: 276 Fourth Avenue. Chula Vista. California 91910 Contact Person: Mr, Semir M. Nuh~ily. Civil Enaineer Phone: ( 619 ) 691- 5173 Dist: 11 County: San Dieoo Route No: CS PM/PM: 1 / Estimated Award Date: June 1994 · State Hwy involved? No % Work on State Hwy C) Will State Administer Contract? yes/no NQ Transit project? yes/no No Description of Project Limits: Orange Avenue between Hunte Parkway and Wueste Road ~3escription of Work: Installation of four-lane maior street. Identify Source of Local Share Funds: A~essment Distri~ Justification of Project: The8 Droiect will serve as an extention to a ma!or thorouohfare. It orovides access to the Olymoic Training Center located in the City's EaStern Territories. pert Ih Proiect Costs iA) Contract Items $~A (B) Less Federal Project Costs (Contract Items) $< 0 >B (C) Net (Contract Items) C = A - B $~C iD) D=0 $ 0 D (E) Total Project Cost E = C + D $~E Maximum State Share Total Project x (0.5) F = 0.5 (E) $~F CERTIFICATION: To the best of my knouLedge end beLief, the date end Inforflmtlon provided In thta appllcetfon ere tr~e and correct, end ] I~ authorized to file thla cpI3ttcetlo{3 oll behllf of th· applicant, AppLicant ackno~Ledgea thlt it understands, Ind can co~pLy I~lth thl time tlmita for euzrd of co.triers Ind expenditure of funds. Name and TitLe: Hr,~l~lffford L. S~an$on. DePuty Pub[lc I~orks &)Ire~tor/Cltv En, lneer ~ttachmentz: Loc~ Nap· Typical Section. Engineer~8 Estimate (SHN\TRA)ISAPS) SLTPP Pro'poi No: Expendim'e Authorizatiow Fie: KY-l?9 CITY OF CHULA VISTA ENGINEERING DIVISION ENGINEER'S ESTIMATE PROJECT TITLE: CONSTRUCTION OF ORANGE AVENUE VST~: 6/24/92 BETWEEN HUNTE PARKWAY AND WUESTE ROAD ~.~,~,~wY: KPA/MJI . cmcr~ By: $ M N ~I0. ITEM QUAN'ITrY ~ UNTr P~C~ AMOUW/' 1 G~G ~ ~ $554,5~.~ $554,5~ 2 D~AGE~RO~ ~ ~ $6~,~.~ $625,~2 3 S~ ~ ~ $772,~.~ $77%2~ 4 SE~ ~ ~ $436~.~ $436~ 5 WA~ ~ ~ $456,~7.~ $456,~7 6 ~RY~ ~ ~ $438,639.~ :$438,639 PRO~ TOT~ $3,~,~ EXECUTIVEOFFICE June 12, 1992 · ~ SANTA M©NICA, CALIFORNIA Y0405-SZ07 Donna Snyd~r, Engineering CITY OF CHULA VISTA 276 FOURTH AVE. CHULA VISTA, CA 91910 Re: OSMD #24 Canyon View Dear Donna: ~n mid-March, we supplied you with the data you requested concerning the formation of Chula vista OSMD ~24-Canyon View. it was our understanding that you were reviewing this information Llnder the direction provided by Council at the Council meeting of July 23, 1991. Their direction at that time was to look at combining this landscaped area with anothez formed or yet-to-be- formed District, or, somehow spread the assessment burden among a wider base due to 'H" Street's designation as a scenic corridor. Our original obligation to maintain tt~is area, was to terminate 6/30/91. To allow additional time in which to arrive at a more equitable approach, we agreed re) continue to maintain the OSMD areas for an additional year. This voluntary act was done in good faith and constituted a significant economic subsidy for our existing homeowners (who were relieved of this cost for the additional year). we have recently learned that staff has not been successful in arriving at a cost-saving solution to this problem. This is unfortunate, but of equal or greater importance is the fact that we certainly should not be required to bear the maintenance costard- of this area for any additional period beyond June 30, 1992. Considering our good faith actions for the last 12 months and the sizable additional cost we incurred voluntarily, w~ respectfully request that the District be formed immediately, and the assessment be effective July 1, 1992. To take any other approach would be to penalize us for our past good faith actions and would be inconsistent with our DRE Final subdivision Report, and our CC&Rs. We respectfully request that the formation of this District be scheduled immediately. We do appreciate the time and effort taken by staff in studying the alternatives suggested by Council. Please contact Audrey Kelm or me with any questions or comments you may have. Many thanks for your efforts and assistance. Sincerely yours, CANYON VIEW HOMES,/~ California LP By: CANYON~C~ULA V~$TA, 1NC., GP Mark' K~ 1 t o~/Pres ident Minutes July 23, 1991 Page 7 D. RESOLUTION 16272 APPROVING AMENDMENT NUMBER ONE TO THE AGR~-~MENT WlTI-I MUNICIPAL FINANCIAL SERVICES, INC. AND AWI~ORIZING THE MAYOR TO EXECUTE SAID AMENDMENT E. RESOLUTION 162~3 APPROVING AGR~k':MF_,NT WITH THOMAS O. MEADE FOR PROJECT MANAGEIV~ SERVIt':~-q FOR THE SALT C~I~I~K I ASSESSI~ Di~-t-itlCT N-O1VIBER 90-1 AND AUTHORIZING TI-IE MAYOR TO EXECLfl'E SAID AGBP-~/VIF. NT 12.A. RESOLUTION 16274 MAILING APPOINTMENTS IN/kqSESSMENT DI~-IIdCT NUMBER 90-2 (OTAY V. al.l-k~cY ROAD) - Preparations are being made to bring the Otay Valley Road Assessment District to the Council in the near future for a public hearing. A portion of the proposed improvements and a parcel of land proposed to be assessed are outside the City's boundary. As a preliminary step in the proceedings it is necessary to request consent and jurisdiction from the County of San Diego to conslruct the portion of the road and to assess the land outside the City. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16275 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESS~ Dih,-iItlCT I~ER 90-2 (OTAY VAI.I.~Y ROAD) C. RESOLUTION 16276 APPROVING A PROPOSED RESOIJ.1TION OF I~i]cLNTION ~ REQUF~G CONSENT AND JURISDICTION FOR ASSESSI~ DISTR/CT I~ER 90-2 {OTAY V~I.I-~Y ROAD) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLDTIONS AND ORDINANCES 13. PUBLIC HEARING FORMATION OF CHULA VISTA OPEN SPACE MAINTENANCE DISTRICT NUMBER 24, CANYON VIEWS - The developers of Canyon View Homes Subdivision have petitioned the City for the formation of an open space maintenance district in accordance with the criteria contained in the Municipal Code. On 7/9/91, the Council set July 23, 1991 as the date for a public hearing on the proposed formation of Open Space Maintenance District No. 24. Staff recommends Council conduct the public hearing and approve the resolution. (Director of Public Works) John Lippitt, Director of Public Works, gave a brief overview of the proposed formation of the open space maintenance district. This being the time and place as advertised, the public hearing was declared open. Mayor Pro Tempore Moore stated that he was not comfortable with an assessment of $660.00 per year. Mark Kelton, 5109 Waring Road, San Diego, CA, representing Canyon View Homes, spoke in opposition to the staff recommendations. Their company is currently funding the full cost of maintenance in this area. It was their expectation that they would be combined or annexed into another open space maintenance district which would have lowered the yearly assessment. They would like to continue subsidizing the maintenance and carry the full cost until more of the units are sold and the homeowners can have an election to see if they want to form a private association. They formally requested the delay of the formation of the open space maintenance district for a period of 6-8 months. Mayor Pro Tempore Moore informed Mr. Kelton that if a private association was formed and did not maintain at a certain level it would automatically revert to an open space maintenance district. Minutes July 23, 1991 Page 8 Councilman Rindone questioned whether notification was given to potential homeowners regarding the possible imposition of an open space maintenance district. Mr. Kelton responded that a notification form is signed with the contract and it is also contained in the DRE White Paper. Mr. Lippitt informed Council that if the formation of the district was delayed, it would have to be for one year. The assessment has to be set by August 6th, therefore it would have to be continued to next July. Mr. Kelton stated the developer would be willing to continue the full cost subsidy for the maintenance until an election could be held by the homeowners or the one year review is held. Councilman Malcolm questioned whether "H" Street had been designated as a scenic corridor. He felt the scenic corridors were a benefit to the entire City and this was the f'n'st time that this burden was assessed to such a small number of homeowners. During the time of continuance, staff should look at the question of combining this area with Long Canyon or another district. MS CMoore/Malcolm) to continue the formation of an open space maintenance district for Canyon Views to June 1992 to allow new homeowners to choose as to whether they want to form their own district. Staff is to pursue the scenic route concept, and the developer is to continue covering all maintenance costs. Mr. Lippitt questioned whether the Council wanted to form the disUict at this time and set a zero assessment. This had been done in the past, the issue then is not whether the district should be formed but what the assessment would be. VOTE ON MOTION: approved 4-0-1 with Mayor Nader absent RESOLUTION 16277 ESTABLISHING OPEN SPACE MAINTENANCE DISTRICT NUMBER 24 - CANYON VIEWS ORAL COMMUNICATIONS a. Patrick Barajas, 375 'J' Street, Chula Vista, CA, complained of the residue from the SDG&E plant and questioned what was being burned. He also questioned whether there was an ordinance controlling the use of leaf/grass blowers. He then noted the retirement of Chief Winters and hoped that the City would hire someone that worked as well with the community. Councilman Malcolm stated staffwould give him the telephone of Pat Barnes, the representative for SDG&E. Mayor Pro Tempore Moore requested that the City Attorney contact Mr. Barajas regarding the grass/leaf blowers. ACTION ITEMS 14. REPORT ON ENDANGERED LISTING STATIJS OF THE CALIFORNIA GNATCATC]~R AND CURRENT REGIONAL AND SUB-REGIONAL EFFORTS TO PREPARE A HABITAT CONSERVATION PLAN - The repor~ contains a review of the current status of the California Gnatcatcher as a state and federal endangered species. Current programs by other agencies and groups which are proposing to preserve sensitive biological habitat, and Chula Vista's options are also listed. Staffrecornmends Council 1) authorize LO? AI~ACH~iENT B ESTIMATED ANNUAL COST OPEN SPACE DISTRICT NO. 24 CANYON VIEW HOMES FY 92/93 ITEM PROFESSIONAL SERVICES $ 0.00 UTILITIES 7,160.00 TRASH C.,OLL~CTION & 280.00 DISPOSAL MAINTA1N BLDGS, GRDS, ETC 160.00 CITY STAFF SERV1C£S 4,110.00 OTHER CONTRAC£UAL SERVICES 14,270.00 LANDSCAPE SUPPLIES 400.00 MATERIALS TO MAINTAIN BLDGS 830.00 ANNUAL MAINTENANCE Cf)ST $ 27,210.00 COST PER EDU = $27,210 / 40 = $ 680.25 BASMACIYAN'DARNELL, INC. Transoortation, Traffic, Municioal, Transit 964 Fifth Avenue San Diego, California 92101 (619) 544-1488 May 18, 1992 H g Mr. al Rosenber City Traffic Engineer ~ ~ City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Ref. No.: RE: 1-5/Palomar and 1/805/Otay Valley Road Signalization Project ~ "' Dear Hal: The purpose of this letter is to discuss extra work which either has been accomplished or will need to bc accomplished in order to construct signals at these intersections. We have included not-to- exceed fees tbr proposed items. Wc arc hereby requesting budget augments to our existing contract for the following two items of work which were previously accomplished: 1. As you are aware, the preparation of the plans for signalization of the I-5/Palomar intersection is now complete. At thc direction of Caltrans, we prepared lighting plan sheets E-3 and E-4 for inclusion in the project. This work is outside the scope of our contract. We are therefore requesting a contract augment in the sum of $5,000, or $2,500 per plan sheet for this extra Work. 2. We have also assisted you in the preparation of a grant application for funds to be used to help defray the cost of signalization of the 1-805/Otay Valley Road intersection. This work is also outside the scope of our contract. We are requesting an augment of $1800 to cover engineering, coordination, and clerical work related to preparing the grant application. Tier: draft Project Report for the 1-805/Otay Valley Road Signal Project has been reviewed by Caltrans. It is our understanding that thc proposed ramp widening and/or restriping is satisfactory, and that the report will require only minor changes from this point onward. Assuming that the de~ gns proposed in the Project Report remain unchanged, both civil and signal design work will be required that is outside the scope of our present cx~ntract. The following work will be required: 1. Subconsultant civil engineering and surveying will be required to produce plans, specifications, and estimates tbr the widening of the southbound off ramp. Wc have obtained two proposals from highly qualified civil engineering firms for this work. We have Mr. Hat Rosenberg City Traffic Engineer May 18, 1992 Page 2 included both these fee proposals with this letter for your review. After the subconsultant is selected we will charge an additional 10% of the selected consultant's fee for contract administration and management. 2. Striping plans will be required for both north- and southbound ramps. We will prepare these plans to Caltrans requirements for a not-to-exceed fee of $2,800. 3. Co-ordination of the permit process and other related construction items with Caltrans. It is expected that some meetings will be required. We will provide this co-ordination on a T&M basis for a fee not to exceed $2,000. However, this co-ordination will include a maximum of five meetings related to the project. We request that you process the augments requested above at your earliest convenience. Upon your direction we will prepare a fee proposal for item I through 3 above. We will also include the selected subconsultant work in our proposal. If you have questions regarding this letter, or wish to modify the scope of work proposed above, please do not hesitate to call. Sincerely, Bill E. Darnell, P.E. BEl)/ajc 0928cchv.Rr/92-5 LLEEDSHILL-HERKENHOFF, INCo 10225 Barnes Canyon Road su.e ^21o P92-29 San Diego, California 92121 (619) 455-7787 MAY 0 4 REc~ May 1, 1992 Mr. ,Joseph Milazzo Basmaciyan-Darnell, Inc. 964 Fifth Avenue San Diego California, 92101 RE: PROPOSAL FOR THE CIVIL ENGINEERING SERVICES TO WIDEN THE SOUTH-BOUND OFF-RAMP ON 1-805 AT OTAY VALLEY ROAD IN THE CITY OF CHULA VISTA. Dear Joe: The following is an estimate of the costs to provide engineering services for the subject project as defined below. Important conditions incorporated into this estimate are the City of Chula Vista will be the approving agency for the products prepared and Caltrans will be issuing an encroachment permit to the City for the work. Therefore, the plans will not undergo a review by Caltrans staff relative to the format of the drawings. I. GENERAL DESCRIPTION OF PROJECT The project consists of the improvements to the southbound off-ramp from 1-805 to Otay Valley Road in the City of Chula Vista. This proposal addresses the plans necessary to widening the ramp 4 feet to the east, and the connection of this new curbline to Otay Valley Road. II. SCOPE OF SERVICES 1) Research at and Coordination with the City. 2) Design survey consisting of cross-sections from the base of the ramp upstation 500'+/- and topographic information on the northeast corner of the intersection. 3) Preparation of construction plans to widen the ramp as shown on exhibit B-l, (i.e.: 4' to the east). We anticipate that this portion of the overall plan set will require a maximum of four plan sheets consisting of: a) one plan layout sheet, b) one profile and drainage detail sheet, ALBUQUERQUE · SAN DIEGO · SAN FRANCISCO SANTA FE L~ LEEDSHILL · HERKENHOFF, INC. Joseph Milazzo Basmaciyan-Darnell, Inc. May 1, 1992 Page 2 c) one construction detail plan for the construction on the northeast corner of Otay Valley Road, and d) one typical section sheet for the ramp widening ~¢~nfi~l This proposal includes responding to review comments from the client based on the original configuration of the ramp. Additional work resulting from a change in this original configuration will require an adjustment in the fee. The roadway structural section for the widening shall match the structural section indicated on the as-built drawings of the existing ramp as supplied by the client. 4) Preparation of a cost and quantity opinion based on the items shown on our plans. If desired this estimate will use Caltrans cost data as published by Caltrans but it will not be prepared in the Caltrans "BEES" format. 5) Preparation of the technical sections of the specification relative to the construction items on our plans. This information will be provided in a Wordperfect 5.1 format. III. SCOPE OF SERVICES EXCLUDED 1) Modification to or construction of new irrigation facilities 2) Structural design of drainage facilities and or any wall systems. 3) Hydrologic or hydraulic analysis of storm drain systems. 4) Preparation, processing or acquisition of any easement, right of way, or other survey related documents. 5) Preparation of plans or the conversion of plans into an Intergraph format. 6) Construction management, field construction inspection, or supervision. 7) Preparation or acquisition of geotechnical engineering reports or studies. Joseph Milazzo Basmaciyan-Darnell, lnc. May1,1992 Page 3 IV. ESTIMATED FEE Our estimated fee based on the information available and the services as described above will be 14,750. Should you have any questions regarding this proposal, please contact me at 455-7787. Very truly yours, LEEDSHILL-HERKENHOFF, INC. Charles R. Bras, P.E. Vice President CRB:mt ~.~ # '~ '~ ~ ~OZ '.~--~~ OTA'f RO~O EXhiBiT B-~ - [-805/OTAY VALLEY PFOPOSED PLA~ May 12. 1992 AI~CH~TECTUF~E Mr. Joe Hi 1 azzo ENGINEERING Basmaciyan-Darnel 1 Co. SUf~VEYING 964 Fi fth Avenue San Diego, CA 92101 Project: 1-805 and 0tay Valley Road 4877 Viewridge Avenue ~nDiego. Californio Subject: Proposal for survey and civil engineering 92123 1667 services (619) 278-5750 FAX (619) 278-9258 Dear Joe: Thank you for including HCH Partners on your team to provide the following proposal on the above project. TaCLWo, The following is our general understanding of the project CivilEmg,neer and scope of work: vicePreside~l/ I. GENERAL DESCRIPTION OF PROJECT: wc~P,e,,~en~/ The project consists of the improvements to the v~o, Co, southbound off-ramp from 1-805 to 0tay Valley Road in v,oep,e~e~,J the City of Chula Vista. This proposal addresses the A,o~,~, plans necessary to widening the ramp 4 feet to the Dg(~e'~°s~'rY Jr east, and connection of this new curbline to 0tay LelomC~Ciclr~r~tte, ,I, Val 1 ey Road. L°ndscop~A'chrtec1221~ II. SCOPE OF SERVICES: A. Design survey consisting of cross-sections from the base of the ramp upstation 500'± and topographic information on the northeast corner of the intersection. B. Preparation of construction plans to widen the ramp as shown on exhibit B-l, (i.e.: 4' to the east). We anticipate that this portion of the overall plan set will require a maximum of four plan sheets consisting of: 1. One plan layout sheet, 2. One profile and drainage detail sheet, 3. One construction detail plan for the construction on the northeast corner of 0tay Valley Road, and 4. One typical section sheet for the ramp widening configuration. Mr. Joe Milazzo Basmaciyan-Darnell, Inc. May 12, 1992 Page 2 This proposal includes responding to review comments from the client based on the original configuration of the ramp. Additional work resulting from a change in this original configuration will require an adjustment in the fee. The roadway structural section for the widening shall match the structural section indicated on the as-built drawings of the exiting ramp as supplied by the client. C. Preparation of a cost and quantity opinion based on the items shown on our plans. If desired this estimate will use Caltrans cost data as published by Caltrans but it will not be prepared in the Caltrans "BEES" format. D. Preparation of the technical sections of the specification relative to the construction items on our plans. This information will be provided in a Wordperfect 5.1 format. III. SCOPE OF SERVICES EXCLUDED: A. Modification to or construction of new planting and irrigation facilities. B. Structural design of drainage facilities and or any wall systems. C. Hydrologic or hydraulic analysis of storm drain systems. D. Preparation, processing or acquisition of any easement, right-of-way, or other survey related documents. E. Preparation of plans or the conversion of plans into a intergraph format. F. Construction management, field construction inspection, or supervision. G. Preparation or acquisition of geotechnical engineering reports or studies. IV. COMPENSATION: A. We will bill you monthly for a fixed fee basis of $6,400.00. HCH Partners, 4877 Viewridge Avenue, San Diego, California 92123-1667. (619) 278-5750, FAX (619) 278-9258 Mr. Joe Milazzo Basmaciyan-Darnell, Inc. May 12, 1992 Page 3 B. Reimbursable expenses shall be billed to client at 115% of supplier's gross invoice to HCHP and will include governmental fees, permits. assessments, reproductions and blueprints, photographics, special presentation materials, long distance telephone charges, title company charges, specialty consultants (i.e., archaeologist, biologist, acoustical engineer, geologist, traffic engineers, etc.), authorized traveling expenses, and all other charges not specifically covered by the terms of this agreement. Also, mileage will be charged at $0.30 per mile. C. Our invoices are payable in full on receipt. If client fails to pay HCHP within thirty (30) days after the invoice date, whether under this or any other agreement for professional services between client and HCHP, HCHP shall have the right to immediately stop all work on the project and suspend performance of its obligations under this Agreement. This is in addition to its other rights and remedies, including its right to terminate this Agreement in accordance with the standard provisions attached hereto. D. A LATE PAYMENT CHARGE will be computed at the rate of 1.5% per month, and will be applied to any unpaid balance commencing 30 days after the date of the original invoice. Imposition of the late payment charge shall not imply an agreement to delay collection of a delinquent account, nor shall it affect HCHP's other rights and remedies, including its right to terminate this Agreement. E. A 10% increase per annum will be applied to all remaining percentages of the contract not billed as of the contract anniversary date. F. Attendance at public hearings (i.e., Planning Commission. Board of Supervisors, etc.) and community planning group meetings will be billed on a time and materials basis. HCH Partners, 4877 Viewridge Avenue. San Diego, California 92123-1667, (619) 278 5750, FAX (619) 278-9258 Mr. Joe Milazzo Basmaciyan-Darnell, Inc. May 12, 1992 Page 4 G. Hourly contracts and additional assignments at client's request will be billed to you at our standard hourly rates as follows unless notified in writing 30 days prior to any changes. SCHEDULE ~F RATES April 1990 Our standard hourly rates are as follows unless notified in writing 30 days prior to any changes. Principal $120/hour Principal Planner/Project Coordinator $95/hour Sr. Surveyor/Sr. Architect/Sr. Engineer $75/hour Architect/Engineer/Landscape Architect $65/hour Surveyor $65/hour Sr. Planner/Landscape Designer $60/hour Calculations/Computer Plotting/Sr. Designer $60/hour Designer/Sr. Draftsperson/Planner $55/hour Assistant Planner/Draftsperson/Processor $45/hour Clerical $30/hour 2-Man Survey Crew $125/hour 3-Man Survey Crew $150/hour Consultants 115% of Direct Cost Again, thank you for including HCH Partners on your team, if this proposal is satisfactory, we will send you our standard for of agreement for engineering services. Sincerely, l~fl. Vice President TLW:jls HCH Partners, 4877 Viewriage Avenue, San Diego, CaJifornia 92123-1667, (619) 278-5750, FAX (619) 278-9258 EXHIBIT A EXHIBIT B (For Illustrative Purposes Only) How the silent Second Mortgage Program Works ASSUMPTIONS: Original Purchase Price $115,000 Original 1st Mortgage 91,774 FN Projects Sudsidy (Silent Second) 23,226 Unrestricted Market Sales Price 140,000, Additional Sudsidy Created by the Market 25,000 Amount of the Real Subsidy 48,226 (FN Subsidy + Subsidy Created by the Market) At the time of the original sale, the total subsidy provided to the low income buyer is 34%** (contingent interest) of the unrestricted market sales price. Both the subsidy created by the market and the subsidy provided by FN Projects must be taken into consideration when determining contingent interest or the City's subsidy will not keep pace with the market. LOW INCOME BUYER SELLS IN YEAR 6 Original low income buyer sells for $160,000, (Sale purchase price) Subtract original purchase price from sale purchase price $160,000 - $115,000 = 45,000 Multiply $45,000 by contingent interest (34%) 15,300 Add the $15,300 to the amount of the silent second to determine the City's Total Payback $15,300 + $23,226 = 38,526 Original low income buyer equity 29,700 The oriqinal low income buyer's equity is determined by a. Subtracting the original first mortgage from the sale purchase price 160,000 - 91,774 = $68,226 (profit) b. Subtract Total City Payback from profit $68,226 $38,526 = $29,700 *These figures only represent an assumption of what the market value may be. These figures are not fixed. **The contingent interest will vary depending upon what the Unrestricted Market Sales Price is determined to be. 0 ~- o ~ EXHIBIT "A" Legal Description of Salt Creek I [To be Attached] EXHIBIT "A" EXHIBIT "C" city's Promissory Note [To Be Attached] EXHIBIT "C" EXHIBIT "D" City's Deed of Trust [To Be Attached] EXHIBIT "D" STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On before me, personally appeared personally known to me (or proved to me on the basis oz satisfactory evidence) to be the person whose name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) H: \DMS\NTS. D ! R\7053687. UP 1 2 6 / 2 6 / 9 2 Page 3, Item _,_ Meeting Date provides for a 42-day timeframe; the firm will be flexible in terms of accommodating City scheduling (for input and review). FISCAL IMPACT: Approval of the agreement will cost the City $27,824. Funds from the Economic Development program budget were approved by Council at the August 28, 1991 joint meeting with the Economic Development Commission and adopted by Resolution 16347 at the September 17, 1991 City Council meeting. (Attachment D). Attachments: (A) Minutes, August 28, 1991 (B) RFP Dis~bution List and Proposals Received (C) Contract, including Exhibit A and Attachment I (D) Resolution 16347 FOUR SQUAR PRODUCTIONS, inc. Communication Through Media May 9, 1992 Ms. Cheryl Dye Economic Development Manager City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Ms. Dye, I appreciate the opportunity to submit a proposal for production of an economic development video for the city of Chula Vista. Briefly, the enclosed proposal includes the following features: 1. Production by South Bay-based Four Square Productions, with 19 years of international experience producing similar presentations. 2. The company's top creative team, headed by a 35 year Chula Vista resident. 3. Total in-house production services, concept to completion, with mastering on state-of-the-art digital D2 video. 4. Comprehensive state-of-the-art 3D graphics. 5. Custom music score, and a stereo master. 6. Modular design for easy, cost-effective updating'. I feel confident that the enclosed proposal will give Chula Vista a dynamic, first class marketing and sales presentation. Thank you for your consideration. President JD:as enc: proposal, sample tape 135 Civic Center Drive National City, California 91950 FAX {6191 477-6443 FOUR SQUARE: PRODUCTIONS, inc. Communication Through Media A Proposal for the Production of a BUSINESS DEVELOPMENT VIDEO PRESENTATION for the CITY OF CHULA VISTA Submitted by John A. DeBello President 4/11t92 135 Civic Center Drive National City, California 91950 (619) 474-5566 THE CO~P~NY Four Square Productions, Incorporated, is a National City based motion picture and videotape production company specializing in corporate image, business development, and public relations presentations for an international clientele. Established in 1973, the company has recently produced economic development presentations for the cities of National City, Poway, E1 Centro, and the Imperial Valley, as well as numerous businesses across the country, including banking giant Manufacturers Hanover. Four Square's major corporate clients include Hewlett Packard, Cubic Corporation, Oak Industries, General Instrument, and literally hundreds of others (see attached brochure ,,client list.") The company's profile in the South Bay includes award winning projects for McMillin Communities, the Chula Vista Nature Interpretative Center, the Arco Olympic Training Center, Pasha Services, and broadcast television for the Mile of Cars. 135 Civic Center Drive National City, California 91950 FAX (619) 477-6443 Page Two In addition, the company produced the video portion of the presentation that brought the 1988 Super Bowl to San Diego, and has produced shows for the San Diego chapter of the United Way, the Port of San Diego, and the San Diego Convention Center. The staff of twelve includes three writer/directors, two producers, and support personnel. The company owns and operates a 10,000 square foot custom-designed production building, which includes a soundstage, audio studio, and comprehensive, state-of-the-art digital video editing facilities. THE PROJECT Four Square Productions (Producer) will produce a 7-10 minute video presentation for the City of Chula Vista, per specifications of the RFP of April 23, 1992. All questions addressed by the RFP are covered in the following proposal. 135 Civic Center Drive National City, California 91950 FAX (619) 477-6443 Page Three CONCEPT We will stress Chula Vista's accessibility, flexibility, and commitment to commercial, retail, and industrial development--a position supported by a history of success. Chula vista has an outstanding tradition of mutually beneficial partnerships with the business community. The key to our approach will an emphasis on the city's ability to identify, nurture and seize opportunitv--a strength critical in today's highly competitive business environment. We'll examine the city's proven ability to adapt to the needs of the contemporary business climate...nineteenth century agri-business giving way to the manufacturing boom of the 40s and 50s, the retail trade developed during the 1960s, and current benchmark efforts such as development of the bayfront and Otay Mesa. As home to a Fortune 500 company, Rohr Industries, the city is able to respond quickly and effectively to the needs of all business--large and small. After all, Fred Rohr's enterprise had modest beginnings in Chula Vista...over the past fifty years, the city has played an important role in the company's growth. 135 Civic Center Drive National City, Californ!a 91950 (649) 474-6 t FAX (619) 477-6443 Page Four Chula Vista is uniquely situated to take advantag? Of a tremendous international opportunity...theAmerican/Mexican economic partnership grows stronger daily, and the seeds of that relationship were sown right here. We'll examine the city's strategic location between the Port of San Diego and the busiest border crossing in the world, and the dynamic consequences for a wide range of businesses. We'll paint a visual portrait of the city's charm and ! spaciousness...the tree-lined homes along Pepper Tree Drive, the "small town" ambiance of Third Avenue. Chula Vista is a community, with longstanding values and traditions. It's a _ great place to live, and work. Despite it's cozy atmosphere, it's just minutes away from a world class airport, and boasts a large labor base within the immediate area. (This information will be supported by a series of custom-designed, computerized graphics. See "Graphics" under ,,Post-Production.") We will support the thrust of the presentation with a series of interviews featuring "real" individuals. These soundbites will not be scripted, but rather culled from a series of "question and answer" sessions. 135 Civic Center Drive National City, California 91950 (619) 474-5566 IF...~ FAX (619)477-6443 Page Five Individuals may include community leaders, small businessmen, and long-time residents. (see the "El Centro" sample tape.) PRE-PRODUCTION (script, budget, timeframe, contract, liability insurance.) An outline and script will be written by John DeBello (see ,,Personnel") after consultation with the client. Client will have script approval prior to commencement of principal photography · Budaet The total cost of the presentation will $27,824.00, payable one-half upon initiation and the balance upon completion of the project. (see attached budget for category line items.) The presentation will take approximately six weeks from concept to completion: Script and consultation I week Principal photography 2 weeks Roughcut edit 2 weeks Final edit I week A s~e c°~S attached, per specifications. Liability Insurance Four Square has $1 million liability coverage for all production work. Documentation is attached. 135 Civic Center Drive National City, California 91950 (619) 474-5566 FAX (619) 477-6443 ./~' 33 Page Six PRODUCTION (Principal photography, aerial photography, production format and equipment.) PrinciD~ Photoarapb¥ A Four Square camera crew will spend five days filming the presentation. This will be allocated over a period of two weeks, maximizing efficiency. The presentation will be written and produced by company president John DeBello, who will also direct all "interview" and live action segments. The show will be filmed by staff cinematographer Thom Owens, who will also direct second unit segments. (see "Personnel" for backgrounds of all key individualS.) Aerial PhotoaraDhv Two hours of aerial photography have been allocated. Thom Owens will shoot from a Bell Jet Ranger, utilizing an industry-standard Tyler middle mount for added stability. In addition, Four Square will supply at NO CHARGE existing aerials of San Diego and environs for possible use. ~TOdUC~on Format and E~uimment The video will be originated on Betacam SP, and mastered onto state-of-the-art digital D2 format. D2 is ideal because it eliminates generation loss that occurs when conventional analog formats are "sub-mastered" for foreign language use. Every version of this presentation will maintain first generation quality. 135 Civic Center Drive National City, California 919,50 FAX (619) 477-6443 Page Seven The presentation will be shot using a Sony Betacam SP 300CCD camera. POST PRODUCTION (Editing, graphics, audio sweetening, voiceover, music, duplication services.) The show will first undergo a "roughcut" for client approval, approximately two weeks after completion od principal photography. At this point of the process, a narration scratch track will accompany a "cuts only" version of the show. The Client will make any final visual or script changes at this time. Final "on-line" edit will occur immediately following. This includes all graphics, digital video effects, and visual elements. Cinematographer Thom Owens will serve as editor on the show. A series of six custom graphics will be created for the show, using an Abekas A53D, Inscriber graphics system, and Quantel Paint Box. Client will provide approved logo-design and lay out; we can make an exact duplicate of logo and color scheme for use in the video presentation. (Note "Rancho Del Rey" logo in the enclosed McMillin Communities sample tape.) 135 Ci~c Center Drive Nation~ City, California 91950 FAX (619) 477-6443 Page Eight d' weet ' This occurs following completion of the picture cut. All audio elements, including custom music, sound effects, and voiceover are mixed and laid onto the presentation. This will take place in-house at Four Square's audio studio, which features 16 track recording, SMPTE interlock, and hard drive optical disk. Following audio sweetening, the completed show is ready for client approval. Voiceover A narrator is budgeted at AFTRA scale industrial rate. We have numerous individuals to choose from; a decision will be made in concert with the client. Music A custom music track will be created for this especially for this program by Bill Coe (see "Personnel.") Client will approve all music elements prior to completion of the score. or ve 'on Four Square provides foreign language versions of many shows; common languages include Spanish, French, Japanese, Chinese (Cantonese and Mandarin), and German. The cost of a foreign language master version is approximately $1800 per language,. including translation, professional voice talent, tapestock and audio mixdown. 135 Civic Center Drive National City, California 91950 FAX (619) 477-6443 Page Nine Dunlication services Thus far in 1992, Pour Square has duplicated more than 30,000 videocassette units for a variety of clients. We provide duplication, packaging, box art, and mailing. Recent clients include Hewlett Packard, the University of Miami, San Diego State University, General Instrument and many others. (Samples of packaging and box art are available upon request.) KEY PERSONNEL John DeBello (Writer/Director) President of Four Square Productions, he has written and directed over 200 major corporate video presentations during his 19 years with the company. Clients include Carnival Cruise, Harvard University, the United States Olympic Committee, and many businesses across the country. A resident of Chula vista since 1955, he graduated from Bonita vista High School and UCSD. Thom Owens (CinematoaraDher/Editor% A staff member for seven years, Thom serves as the company's top cinematographer. Recent projects (as cameraman and editor) include award winning shows for Hewlett Packard, Champus, sjoberg, Barrett Homes, and Watkins Manufacturing. A San Diego native, he attended the prestigious USC Film School. 135 Civic Center Drive National City, California 91950 FAX (619) 477-6443 Page Ten Tom Merritt CProducer) Company general manager Tom Merritt has a 30 year background in video communications. Clients include Wrigley'e Gum, Woolite, McDonald's, Key Technologies, and Cubic Corporation. Miriam SchiDDers ¢Coordinator) As staff coordinator, Mirjam is responsible for handling production logistics and client communications. She has handled these responsibilities on numerous projects, including recent presentations for the city of National City, the City of Poway, and the Escondido Performing Arts Center. Bill Coe fComDoser) The operator of Four Square's in-house DigiTrax Soundstudio, Bill brings 18 years of experience to the job. He has composed music for more than 300 commercials and video projects, with clients including Buick, Travelodge, Hewlett Packard, and many others. A graduate of Hilltop High School and San Diego State, Bill resides in Chula Vista. REFERENCES The following individuals will attest to the quality of our work: Linda Parsons Gary Schneider Executive Vice President Sales Program Training Mgr McMillin Development Inc. Hewlett-Packard 2727 Hoover Ave. 16399 West Bernardo Dr. National city, CA 91950 San Diego, CA 92127 474-4117 487-4100 135 Civic Center Drive National City, California 91950 ,6191474.5566 FAX (619) 477-6443 Page Eleven Kevin Kelly George Waters Executive vice President Mayor E1 Centro Chamber of Commerce City of National City 1100 Main Street 1243 National City Blvd. P.O. Box 3006 National City, CA .91950 E1 Centro, CA 92244 336-4411 352-3681 Dan Wilkens Janet Hoy Director of Public Affairs Marketing Director San Diego Unified Port District Aetna Health Plan 3165 Pacific Highway 16855 West Bernardo Dr. P.O. Box 488 San Diego, CA 92127 San Diego, CA 92112 451-8552 291-3900 SAMPLE TAPE The enclosed videocassette gives three examples of relevant work. They are: 1. "The Difference." A 2:30 overview of Four Square's style, and diverse client base. This serves an as introduction into our background and range of experience. 2. "Discover E1 Centro." Produced for the E1 Centro Chamber of Commerce, this production targets an audience very similar in scope to that of Chula Vista, with aerials and interviews. (Note: the graphics are less sophisticated than those we propose for the Chula Vista video.) Produced by John DeBello, edited by Thom Owens. 3. "Rancho Del Rey." An overview of McMillin Communities' new project, it includes graphic design identical to the project brochure, and a storyline geared to investment participation. Written and directed by John DeBello, filmed and edited by Thom Owens. BUMMARY This proposal is designed to give the City of Chula Vista a first rate video presentation that will present Chula vista as a prime, attractive location for business opportunity. 135 Civic Center Drive National City, California 91950 FAX (619) 477-6443 Page Twelve We will take special care, in both concept and execution, to maximize the video's impact, reinforce its timely message, and to facilitate simple, cost-effective updates at an appropriate time in the future. Over the past nineteen years, Four Square productions has become San Diego's communication leader; we'd enjoy the opportunity to put our unique South Bay background to work for the City of Chula Vista. Jo DeBello President JD:as attached: Budget Sample Contract Proof of Insurance Sample Reel Brochure 135 Civic Center Drive National City, California 91950 / FAX (619) 477-6443 COfCV.XLS EXHIBIT FOUR SGUARE pROOUCTION$ Estimate effective for 135 Civic Ceflter Drive Natt~t city, ~ 902051 (619) &7~-55~ origi~t s~ctficat~ F~ (619) 4~-~43 ~ertt~ h~rs a~ ~iti~t sh~t ~ys are tJst~ In Exhibit 2 CLIENT: City of ChuLa Vista JOB NUMBER: JOB TITLE: 0 SHOOT DATES: AGENCY: community OeYelopment Dept. POST DATES: AGENCY CONTACT: Cheryt Dye PHONE: 691-50~7 DEN)LiNE: N)DRESS: 276 Fourth Ave. Chula Vista, Ca. 91910 DATE OF EST: 1/1/0~ PREPARED BY: JO/tm FAX: 0 PRE-PROBUCTION $3,17~.00 POST-PROOUCTION Firm &Leb $0.00 Film Xfer/Tape Stock $0.00 pROOUCTiO# Audio $1,&45.00 Cre~ & Staff $7,050.00 TaLent $/~50.00 Editing $A,185.00 Video Equip $$,724.00 Dubbing $300.00 Film Equip $0.00 TOTAL POST $5,930.00 Audio SO.O0 Lighting $166.00 TOTAL DIRECT COSTS $Z~,187.OO Grip $79.00 pROOUCTION FEE S~,637.&0 Stage $0.00 TAX $0.00 Location $1,969.00 TOTAL $27,824.OO 10TAL pROOUCT1ON $14,0~..00 SO~ PREPAYHENT S13,912.00 Program Length: Kin 10 Finished Minute Price production Notes: Co~piete production L.~_.JFecitlttes & Cre~ Page 1 Pkg. ,5 day SBOO Pkl, Off LS~ ~.~ ATTACHMENT A Minutes Augurt 28, i991 Page 4 , · ~s~3' Manager Goss reviewed the marketing plan budget as rev/ewed by staff. He supported the basic budget proposed by the EDC end recommended supplemental funding of $51,000. The initial recommendation was that the funding should be split 8S% from the Redevelopment Agency and 1S% from the General Fund. He recommended funding of 85% from the Redevelopment Agency and 15% from the Economic Development section of the Community Development Block Grant funds. Therefore, no funds would be expended from the General Fund. The recommended budget is not intended to preclude the Commission from returning to ~he Council for subsequent appropriations should they be needed as a result of a change in the implementation schedule. The additional $51,000 will have to come back to Council as a supplemental budget memo for approval. Councilman Moore stated he was ready to move forward on the plen as submitted including the marketing plan budget. ~ (Moore/Nader) to amend the budget to refle~ the recommended d~-~ges by the City Manager. -- ........... ,._:~:__ was seed money end that C°~ncil should give'de'~direr~°n Count,man ltmaone staten mat me ~m~. ,lt. --" ~- ~- ....... lain bnsinesses within'"dle City, of where they wanted to go. Aplan neededto ~e aaoresse~,~,,:: ...... .. - _ Council sees the Commission members being act~vatea. ~e ICh ul~ ,~tI --~- ~, --- -~, volunteers end felt they should know what their roll or ftmction should be. He would like · ! their talents end abilities to assist the City and Council most affectively. [ responded that the Commission had defined what they felt were their responsib, ilities and these ~ their Mission Statement. They.were prepared to commit themselves to working with this a viable economic development plen for the City. They are not prepared to that may or may not be needed based on the prioritie~ that may be set. The £mal package is being Council for approval in order to move the program off dead center. It is now up to the Council to review approve ff appropriate. Councilman Malcoln City was 'broken' regarding the processing procedures required for pennils, etc. H, of the City first to see what can be offered end what the City can do with existing has been done then the City can branch out in order to am'act new business/industry. Member Gerber referenced the short term' ~ Council for review. The EDC needs to know what is important to the Council. Chairman Read responded that the Commission woul, different things, they are going to have to be dive~ified so that opportunities are not missed. ~ will Bot be able to place 100~ focus on eny one projea 'at a time. Member Gerber questioned the procedure Council would prefer the utilize in order to bring requests end recommendations to Council. Mayor Pro Tempore Moore responded that the fastest way to bring a request or ~ would be through the 'Boards and Commission' section on the agenda. H it is en ii is requested, a joint Council Workshop Meeting could be scheduled. ~V~bsen~ON MOTION A~ AMENDED: approved ~0-2 with Councilwo~*n Gmsser Horton end Mayor Nader I~layor Pro Tempore Moore stated that with the approval of the motion the plen was approved, budget approved, and anything over $35,000 has to be brought back to Council for approval. ~ City Manager Goss stated that the funding will have to.be broug, ht__back to Council as a resoluuon for I~IORAN~ August 22, ~991 3'0: ~onorahle ~yor ~-~ ~t~ Co~c~ ~: J~ GOSS, ~ge~~ ~: ~ ~erri~get ~er S~Cr: Budget Revi~ of ~con~c ~velo~nt ~rket~ Pi~ On August 28, 1991 the City Co~cil will meet jointly ~th the Econo~c Development C~ssion (EDC). ?he EDC will present a reco~ended Econ~c Develo~ent Plan and additional appropriation of $92,000. Econo~c Develo~ent is f~ded 85Z from the Redevelo~ent ~ency and 15~ fr~ the General Fund. The budget presented for the ~rketing plan has been revie~d and the ~ger reco~ended supplemental f~di~ is $~I,000. ?he plan as presented is very ~bitious, and ~ile presenti~ an excellent program, it does not appear feasible to acc~plish all that is set forth durin~ the current fiscal year. It Is rec~ended that this plan be phased in over a two year period. ?he highest priority items and those ~ich will fo~ ~e fo~dation for the second phase of the program are reco~ended for approval in ~is fiscal year. Those items not reco~ended for f~di~ are rec~ended to be included in the EDC's budget request for FY1992-93. The recomended budget it not intended to preclude the Commission from returning to the Council for subsequent appropriations should they be needed as a result of a change in the implementation schedule. (1) Includes funds encumbered from prior years. (2) Economic Development Commission Budget included this amount in addition to what was listed in the marketing plan Budget. The funds are for Travel(S5,810), Printing(S600), Memberships(S500), Postage(S250), andMilage, Office Supplies and Books(S210). City of Chula Vista Attachment B ~ Economic Development Promotional Video Production Consultant ~ Provosals Received 1. Mr. John Mincey $26,716 Mincey Productions, Inc. 8050 Ronson Road San Diego, CA 92111 2. Mr. Fredric Ashman $27,800 Multi Image Productions 849 Complex Drive San Diego, CA 92123 3. Mr. John DeBello $27,824 Four Square Productions, Inc. 135 Civic Center Drive National City, CA 91950 4. Ms. Deborah Rezell $22,290 JM Television Productions 2808 Roosevelt Street Carlsbad, CA 92008 5. Mr. Mike Larsen $25,785 Lighming Corporation 7854 Ronson Road San Diego, CA 92111 6. Mr. Darren Angus $28,000 International Corporate Video, Inc. 1020 Serpentine Lane, Suite 114 Pleasanton, CA 94566 7. Ace Video $22,370 Harold Frazer 4475 Mission Blvd., Ste. 215 San Diego, CA 92109 8. Jack Armstrong World Video Productions 10625 Scripps Ranch Blvd. San Diego, CA 92131 9. Mr. $ohn Meyer Alden Design, Inc. 2157 India Street San Diego, CA 92101 ATTACHMENT D RESOLUTION NO. 16347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FY 1991-92 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR SALARY, FRINGE BENEFITS INCREASE AND OTHER RELATED ITEMS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, when the FY lggl-g2 budget was approved by Council, there remained many questions regarding the impact of the State's budget; and, NHEREAS, that impact has largely, although not completely, been determined and it is requested that Council amend the budget to include the correct amounts for salary and benefit changes, other miscellaneous amendments and, as requested, return to the "Nish List' to determine if any items should be included in the amendment. NON, THEREFORE, BE iT RESOLVED that the City Council of the City of Chula Vista does hereby approve the following appropriations and amendments to the FY lggl-g2 Budget: 1. General Fund Salary and Benefit Increases $1,001,235 Mayor Retirement Adjustment 4,313 Youth Community Center 118,300 Employee Benefit Plan 60,760 Economic Development 51,000 Literacy Program Reduction <19,350> NPDES Reduction < 9.960> Total General Fund Adjustments $1,206,298 2, Reduction in Equipment Replacement Fund <$ 454,000> Transfer from Redevelopment Agency to Support General Fund Economic Development Program $ 43,350 4. Transfer from Storm Drain Revenue Fund 227 to General Fund to support National Pollutant Discharge Elimination System (NPDES) $ 227,750 5. Appropriation from fund balance*of Storm Drain Revenue Fund $ 33,550 Resolution No. 16347 Page 2 6. Appropriation from fund ba]ance of Low and Moderate Fund for Legal Services $ 13,010 7. Appropriation from the General Fund Balance to Reserve for Booking Fees $ 400,000 8. Appropriation from the General Fund Balance for Parks and Recreation Staff at Afterschool Programs $ 7,25g g. Appropriation from the General Fund Balance for the position of Personnel Technician in the Personnel Department $ 33,000 Presented by Approved as to form by John D. Gpss Bruce 14. Boogaard City Manager City Attorney Resolution ~o. 16347 Page 3 PASSED, APPROVED and ADOPTED by the City Counct1 of'the City of Chula Vista, California, this 17th day of September, lggl, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader, Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAZN: Councilmembers: None Tim Nader. Mayor ATTEST: Beverly/A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGOI ss. CITY OF CHULA VISTA I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16347 was duly passed, approved, and adopted by the City Council held on the 17th day of September, lggl. Executed this 17th day of September, lggl. Beverly,: Authelet. City Clerk "" " ":'.i ' " John DeBello ,, President ~ ~ ~ FOU~ SQUAR~ : [] ~ PRODUCTIONS, inc. ~ Communication Through Media 135 Civic Center Drive L National City, California 92050 ~r ! (619) 474-5566 . ._ . ..~ .... ,~ ~ - . ~ ~ur histo~ ~ a model of ingenui~ and ~mmitmenL V ~unded in 1973, Four Square Rodu~ions has pr~ucer d commer~al and m~orate presen~tion~ ~f~nde= John OeBello and Steve Peace began ~e ~era~on while undergraduat, at ~e Univemi~ ~l,omia, ~n Diego...opera~ng out M an old garage, · e pir fluted an organ~fion ~at ~ expanded Today, ~ut Square ~ one of Somhern ~lifornia's most ~r~tile and prolific produ~ion com~nies. d~igned tacili~ includes soundstage, produ~ion offices, screening rooms, and s~te-of-the-a~ motion pi~ure and ~deotape editing facilities. ~ ~a~ indud~* three ~rodueer~ire~or~, ~n,mato~m~her~, ~riler~, ~itor~, and personnel. During the past decade, Four Square has produced projects in fo~-lhree ~ates and seven rd,a~ed ~atur, fllm~, corporate ,~on~ored home ~deo programs, nationally syndicated television programs, and major commercial produ~ion. Board of Dire o ~ I e're proud of our reputation. And fl's probably os ~ impodant to you as ~ h ~o us. ~'s :~ ~:.~ ~ ~.~-; -~.~ ~rougho~ Son Diego and acr~ the count~, you II ~e · o,, k.p good company. ~~ ADC St~a Funds, USA ~rica's Cup ~ic~ ~e Gable Grip ~old Bu&, Inc. General Ins~ment ' ' ~ ~ :~:~ Bud ~ Gibroller Mo~ey ~nter ~ ~ner Core,ny G~smont H~ol - .~ ~rn~vol ~ise Une Ho~ard Unive~ ~er Tri~, Inc. He~e~-Fackmd ~T S~ Jack Morion ~odudio~ ~~~(~ ~pm~o~ck lohmn 8~hey ~evron KFMB Ra~o L~ ~gel~ Ol~pic Hofidoy ~venti~ and ~nflo~ ~oth & Organizing ~m~ ~or, Inc. Bureau Ky~ro IMem~ionol F~ 21 Inlem~i~ol ~ Jollo PIo~ome Moi~reelPr~udiom Sherman Hote~ ~moker, Inc ~ Vegm Hihon Mondodure~ Hanover Simpod Mc(une ~ler-P~mo~h ~no Ind~i~ M~illin Development ~u~lond Corpr~ion Mission Valley Center Stanford Uflive~ N~ional ~ Mile of ~m Stoo~a, ~am & Me~ger ! ~ New World btedoinment Tropcana, ~~~ N~san C°r~r~°n T~ntieth ~n~, ~x i ' ' · -~ ~ ~ Olympia Bre~ng Compny UC~ ~~ Pacific-lO Conference Un~ed ~n~ ~ i Philli~-Ro~y Un~edW~ ~ice Oub U.S. ~r Fa~ ~e~ ~~ ~l, I~ U.S. Ol~pic ~ro.ni~.Mer ~n Di~o ~r B~ Un~?~ ~in~ T~ ¢~r~ W~ktm ~anu~r~ ~p~ ~ntc We~em l~ ~re~e i ':' ~ghe, you work ~ Four Squa~ ~u~ons, you Editing Facilities ~ ~ find ~e entre mmpany behind you. Sele~ ~at Day One you ~d flora fim-~ ruour~. ~mponent : ?~.., :. ~or, B~-10, B~, and B~-15 },.¥: Sound Stage mn~olled d~mic Uaaino. ~-;'"'~:~:' ~ ~ ~ ~ q, .-'~omm~ ~ 24' ~"Sn-,,,.u ~ny ~XP-~ ~o ~ixer :~,:~'~-~' ~d tp and ~m. bird 1~ ~m~er genstar :?'~' B~m~ el~t~ fig~ng grid w~ 3 ton mpa~. ~mpa~ ~c, ~al h~dq and air mna~;on~n-.....u ~e mmem and omphim ~nd. ~Y'~ Bay Two ~;~..~~nD and ~ packaDu 8vailable. ,~,,~ ~ng rooms, pr~u~on o~, ---- ;::,~?~ Produ~on Equipment edgar (~o pi~ure, ~:~.,,~:~:~;~ ~mplete ~mm and l~m morion pi~ure ~mera ~un~. .... ~ Boy Four ~:,'~ ~m B~-~ ~ plumbicon tabu. ~ron 16mm morion pi~ure ~x~late ~ed ~J~ ~ny B~-~ Reid Remrder/~ayer ~ Tfinhron (one pi=ure, ~o sound). ~;~, Audio S~dio/Screening Facili~ r~.:~ 16mm~mm round '.:' ':;"~ · he creative people heading our major film and video >: '~': production units are among the best in their fields, :-.. with credentials to prove it. -; :'.: - Tom Merritt Janet Dahle ' General Manoger Director of Communications ~. 'L , -::" Neadythirtyyears of experience, fifteen years as advertising With over ten years in marketing snd proiect mansgement ~ .... ;,~. agency producer working on commercial production for of media and communicstions, Jenet has worked with ~.'..,: ...- products such as Wrigley's Gum, Brach's Candy, Woolite, and clients including Hewlett-Packard, ESPN, Jostens Learning ;?';~' '~:.... -. -.:.., Pam Food Spray. Has produced corporate and commercial Corporation, Hyundai, Isuzu, Mazda and others for marketing :~'-.;.':.:% work worldwide with NCR, Cubic Corporation, Borg-Warner and training projects on film, video, audio, and prinL :K'-: ;' ~' Corporation, Hewlett-Packard, McDonald's, Pennfield Farm A graduate of Pacific Lutheran University in Business ~.,~:'" :.::~ ,: and others. Is production, facilities, operations specialist... Administration, she is now working on a master's degree at ':'? .v ~ develops and manages the creative team to produce clients' SDSU in Educational Technology, which incorporates the projects. In the business since 1962, Tom Merritt offers a use of media and computers to develop new forms of digital wealth of knowledge and experience in executing film or communication with marketing or training applications. video production. She is also an officer in the United States Naval Reserves. David Llttleton Thom Owens Vice President/Senior Producer Director/Director of Photography Developer of commercials, corporate and industrial films and Attended USC'S Graduate program for Cinema Production. television programming locally and nationally. Experience Specializes in broadcast advertising, sports marketing, and includes 15 years in radio, television and film production as corporate production. Clients include Aldila Golf Products, a writer, director, producer and narrator. Marketing and San Diego Padres, Stanford University, the University of promotion for several national groups and agencies including Miami, Hewlett-Packard, Price Club, and NFL Films. General Instrument, CBS Sports, National Public Badio, the Experience includes directing the nationally syndiceted Nstional Collegiate Athletic Association, lout Association. Master's Degree in Communications from broedcast spots and music videos for international air play. John DeBello President/Creative Director Founder of Four Square Productions, John DeBello is an occnmplished director of feature films and msior commerciel work. Writer/director fer Killer lomato ~:nteminment Groop which ineorpor~te~ li,~n,in~, ,n~ promotion. ~rot~ ~nd dimot~d ~, 8to~ 8~hind the include more than 200 commercial and corporate projec~ throuDho~ .: of California, San Diego. JUN-I1-8~ THU 14;52 COf~UHITY DEVELOP~NT F~ I~0. [~1947[~5310 ~ PAGE BLANK .: TIllS I,I,,GAI, IH,;SCRII'TIOS ~AS PREPAI[EI) BY ME OR UNDER MY DIIH~CTION. No. 3997 Attachment Notes from June 5. 1991 Council Budaet Review Session Lauderbach Latchkey Program' l~ndone: Concerned about high costs of offering child care Discussed potential partnerships with other agencies Nader: Concerned about one year licensing procedure Had questions about State agency involved and where the one-year delay would occur Information and Referral Services Moore: Concerned about n~m~er of non-residents served and the fact that the City is subsidizing service for them Nader: Nader movedthat Alternative #3 bathe reco~mendation and that the staff recommended-Alternative #1 be placed on the wish list Goss: Proposed contacting other agencies for financial support Policy Issue-Special Events Moore: Stressed that volunteers were capable of loading and unloading tables and chairs for special events and that the City should still provide staffing and equipment Aftarsohool Programs Nader: Questioned capability of other agencies (i.e. Boys and Girls Club) to accept children if we close four sites Rindone: Objected to closing any afterschool playground site Moved that seven instead of Manager-recommended four afterschool sites have double coverage and that timetable for adding additional staff at other sites be amended from five to three years-put on wish list Cultural Arts Coordinator Goss: Put on wish list Three members of Cultural Arts Commission spoke in favor of funding for this position Nader: Questioned salary level of Coordinator and amount of funding needed for this position MINUTES OF A SPRCIAL I,~-b. tL~IG/WORILsIL.~'ION Ol~ TIlE ul~' OF CItULA VISTA Wednesday, June 5, 1991 Council Corfference Room 6:08 p.m. Administration Building CALLI~ TO ORDER 1. CALL Tile ROLL: PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore ABSENT: Councilmember Malcolm ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk BUSINE..'3S 2. URGENCY RI?PORT STATE ROUTE 125 TOLL ROAD FAcnr/Y City Attorney Boogaard informed Council he had just been made aware that the CEQA Statue of Limitations would expire on June 28, 1991. The City is currently soliciting proposals from companies to advise the City on options relative to the SR125 Toll Road proposal. This allows only 23 days to retain a firm, appropriate a large sum of money, and file a suit. The City could attempt to solicit an agreement from the State and CTB for waiver, or tolling, of the Statue of Limitations. It would be significantly less expensive for the City to pursue this option. It is estimated that $5,000 would be necessary and the City Attorney intents to retain Best, Best & Kreiger to negotiate the Tolling Agreement. If unsuccessful, the City Attorney will retain this firm or other legal counsel to commence litigation in order to meet the Statue and to return to Council to obtain the necessary appropriation to do so. He requested that the Council approve the agendizing of the item as it had arisen after the preparation of the agenda and could not reasonably wait until the next agenda. MSC (Moore/Nader) to add State Route 125 Toll Road FacUlty as an urgency item to the agenda for discussion and action. Approved 34)-1 with Cotm~'lm~n Malcolm absent. City Manager Goss stated that the City's position had been to ask questions and not take a for or against position. The appropriation of the $5,000 would requir~ a 4/$th's vote and therefore Council could not take action on that request tonight. His office would work with the City Attorney regarding funding. City Attorney Boogaard responded that his office would solicit a waiver and incur debt, coming back to Council at a later date requesting appropriation of ~unds. City Attorney Boogaard requested that Council take the following action: 1) authorize the City Attorney to retain a finn of his choice, probably Best, Best & Kreiger, to obtain a waiver of CEQA Statute of Limitations from the State and crv, otherwise set to expire on June 29, 1991, in order to preserve the option to challenge the toll road franchise for total failure to obtain CEQA compliance prior to issuance; and 2) in the event that a waiver can not be obtained from CTV and the State, to authorize the City Attorney to retain legal counsel to file suit to set aside the granting of the franchise on the ground that the State did not comply with CEQA, and to return to the Council at such time as the Council's normal meeting schedule permits to obtain the needed appropriation therefore. Minutes June 5, 1991 Page 2 MSC (Moore//Rindone) to approve the request from the City Attorney. Approved 3-0-1 with Malcolm absan~ City Attorney Boogaard left the meeting at 6:15 p.m. 2. REVIEW OF BUDGET FIIqANCE, 'PARKS AND RECREATION, OPEN SPACE, NATURE INTEP, PI~-II~/E ~ LIBRARY, CARRY-OVER ITEMS 0F DEEMED NEKI/SSARY), AND REVENUES City Manager Goss stated that the budget was slightly reduced from last year. He recommended that the Bookstore Manager be converted to a permanent position as it was felt that revenues would off-set the position. MSC (Moore//Rindone) to approve the Nature Interpretive Center budget as presented. Approved 341-1 with Coun~man Malcolm absent. FINANCE DEPARTMENT City Manager Goss stated the only proposals for this budget were equipment related and had no impact on the Genera] Fund. MSC {Moore/Nader) to approve the Finance Deparrmant's budget as predated. Approved 3-0-1 with Coune~mnn MaJcolm absent. PAEKS AND RECREATION DEPARTMENT City Manager Goss stated there were many issues contained within this budget. He complimented the Department for conceptualizing where the DeparUnant was going and including policy issues. A revenue generation plan will be done by the Deparmaent this year. He then reviewed other important issues facing the Depamnent this fiscal year. Councilman Rindone stated that the School District had launched a child care pro~am and that the costs involved were extremely high. He felt there should be a partnership between public agencies as they had an obligation to the community. Councilman Nader questioned whether the Child Care Commission had reviewed the budget. .less Valenzuela, Director of Parks and Recreation, responded that they had reviewed the budget and supported staff recommendations. The Commission is currently working on a referral regarding City facilities in public places. Lauderbach Center is currently being considered as a sight for a latchkey program. If chosen, there would be approximately a one year delay due to the state licensing procedure. Councilman Rindone stated that the School District had just completed that procedure end there was ]e~islafiun that curranfly exempted schools. He felt the City may want to pursue a change in legislation to exempt cities. Minutes June $, 1991 Page 3 CounciLman Nader expressed his concern of'the period over time required to process the permit and requested that staff get input to ~nd what could be done to speed up the process. He would also support Councilmen Rindene's recommendation regarding legislation. He also questioned whether there was an existing private or non-profit program that the City could 'share' with. He would like a report regarding this option, what state agency is involved, reasons for lengthy the delay, and current legislation. City Manager Goss stated that Supplemental Budget Memo 17 addressed the issue of funding for the Senior Information and Referral Center. He recor~mended Alternative 2 which would ftmd the emotmt of $66,782 from the City's General Fund to absorb the loss of Community Block Grant funds. The reduction in part time staff a~d supplies would result in longer response fimas but it was hoped that volunteers would make up the loss in personnel time. Mayor Pro Tempore Moore questioned whether the Center serviced all of South County. He felt that because taxpayers money was being used to support the Center it should service the City only. Mr. Valenzuela responded that the Center serviced non-residents of the City. There were approximately 15,800 people served with 10,800 being Chula Vista residents. The current response time is five minutes for a simple inquh"y and 15 minutes for a complex inquiry. He would not be able to estimate the response time if the Center was staffed only with the coordinator. Councilmen Nader noted that the City could save $17,000 if all part.time personnel were reduced. The only impact of this cut would be a longer response time. He felt this area should be revisited if the State cuts revenues to the City. City Menager Goss stated the deparanent was concerned about the historical role .of providing steffmg and equipment for the various special community events. Allocation of resourcas in this manner result in staff being removed from their normal duties end additional workload being absorbed within their operating budget. Mayor Pro Tempore Moore felt the City should u~lize volunteers rather then staff. City Manager Goss responded that there was the liability issue end damage to equipment when utilizing volunteers. The Department is caught in the middle because additional funding is not being included in the budget to address this issue end there are no outside revenues to help offset these costs. Council then discussed the possible duplication of effort regarding the afterschool programs. Staff felt that four programs were located dose to similar programs being conducted by other agencies. Councilmen Rindone did not agree with the concept of being 'dose' to other programs. He felt the afterschool programs were an investment in humen needs end the return was lremendous. He also felt there was a need to have a male end female instructor at each sight. City Manager Goss responded that these were preliminary options. In case there was a need to cut back expenditures or if the State cut back revenues to the City. lle stated that the £astLake Community Center was now beginning conslruction document phase with completion anticipated in July 1992. It will be a challenge for the City to come up with revenues in the 1992-93 budget for staffing end programming. MS (P, indone/Moore) to amend staff recomrm,.ndation tO double the coverage, add 7 new school versus 4 so there is full double coverage in 3 years versus 5 years. This vall be a cost of $16,916~0 or an increase of $7,000. Minutes June 5, 1991 Page 4 City Manager Goss requested a clarification of the motion. AMENDMEIqT TO MOTION: (RJndone/Moore) to add 7 schools to the list of double coverage With staff computing the additional costs. City Manager Goss responded that it would be appro~mately $3,200 per site. Mayor Pro Tempore Moore requested that the item be put on the 'Wish List' for review at the end of the budget. _All items on the list could then be compared and prioritized for possible funding. Councilman Rindone agreed to adding it to the 'Wish List' but felt it was not a significant amount of money and that the City should make a commitment. SUB~-uiuTE MOTION: 0doore/l~lader) to add the addition of 7 schools to the wish list for review. Staff is to include total revenue~ involved for comparison- Approved 3-O-1 with Couo,~q,~,, Malcolm absent. MOTION: (Nader) to add Altemalive :3, funding of $49,192 (a cut of $17,000), for the Senior Information City Manager Goss stated he did not feel a motion was necessary as it was the consensus of the Council. The Drug Prevention/Gang Diversion Program will not increase in expenditures but will require General Fund support as State funding is no longer available. The depart~nent has recommended a full time Cultural Arts Coordinator but the City does not have sufficient revenues to embark on new programs in the coming year. It is recommended that this position be deferred pending a more detailed evaluation by the department as to what the impact of reducing portions of existing services would be and whether the State is going to significantly reduce City revenues. If service level expansion is possible it would be recommended that consideration be given to implementing the Cultural Azls Coordinator position either on a part-time basis or at a MI-time basis mid-year. Irene Marcel, 648 Via Curvada, Chula Vista, CA, spoke in opposition to the fees being charged the property owners in Open Space District #5. There are only 122 properly owners supporting 13.0 acres of open space. Their fees are currently $344 and with the new budget they will be paying approximately $400 which she felt was'excessive. She felt the assessment should have been reviewed when the Rancho del Rey development was built as it is on the other side of the open space. Mayor Pro Tempore Moore advised Mrs. Mattel that a public hearing was scheduled on Saturday for all those paying open space district assessments. The expenditures for the individual districts would be addressed at that time. Councilman Nader requested that staff look into the consolidation of open space districts, where poss~le, with a report back to Council. He also requested that maps of the districts be included in the report. Lany Dumlao, 650 Rivera Street, Chula Vista, CA, Member of the Cultural Arts Commission, expressed concern on the proviso being placed on the funding of the Cultural Arts Coordinator. He felt the Council should make a serious commitment. A full time person was necessary in order to obtain other funding SOUrCeS. Ralph Torres, 1035 Corte Maria, Chula Vista, CA, Member of the Cultural Arts Commission, encouraged Council to fund the position of Cultural Arts Coordinator. Minutes June 5, 1991 Page 5 Paul Hendricks, 286 Third Avenue, Chula Vista, CA, Member of the Cultural Arts Commission, encouraged Council to fund the position of the Cultural Arts Coordinator. Mary Haymes, 1423 Eckman Avenue, Chula Vista, CA, requested that Council fund the purchase of a TV/VCR for the Tiny Tots Program. They have been offered a $75.00 discount on the unit with the final cost approximately $320.00. Councilman Nader questioned whether the Tiny Tots Program could utilize the TV/VCR currently located at the pool during the daytime hours. Mr. Valenzuela responded that the TV/VCR was utilized by the swimming stafffor Iraining of personnel only, not students. Therefore, the unit could be stored in a central location so the inslructors for the Tiny Tots Program would have access. Mayor Pro Tempore Moore requested that the purchase of a 'I¥/VCR be added to the 'Wish List'. MSC (Moore/Rindone) to approve the Park and Recreation Department's budget as presented. Approved :~-0-1 With Coune~'lm~n Malcolm absent. LIBRARY City Manager Goss stated that new facilities would be coming on line and revenues would be needed for support. He complimented staff on their reorganization and felt once evaluated, the reorganization may actually save positions. He then briefly reviewed the Literacy Grant and Lending Materials. MSC (Moore2~lader) to approve the Library's budget as presented. Approved 3-0-1 with Councilman Malcolm absent. City Manager Goss referred to Supplemental Budget Memo 4, State Budget: Status of Possible Funding Cuts, and Supplemental Budget Memo 18, Recommendation for Short and Long Term Revenue F. nhaneements. MSC (Moore/Nader) to authorize staff to pursue (develop int'ormation) Uulity Roll Benefit Legislation, Municipal Fire/Homeowners Insurance, and Enterprise Operations. Approved 3-0-1 with Coun,~'h~- Malcolm abspnt- Councilman Nader felt that the Public Safety Assessment District should be considered in each new development proposal. All options should be weighed with recommendations to the Council for review. He did not feel there should be assessments on existing developments but there should be a policy change. He requested that this item be placed on the Agenda at the June 18, 1991 meeting under his comments. ORAL COMMUNICATIONS None Mmutes June 5, 1991 Page 6 OTHER BUSINESS 3. ~ MANAGER'S REPORT(S) - Informed Council that the canTover items, Mayor/Counc~q Sta~ng and Tow~ Manager, would be discussed at the Meel~ng/Worksession scheduled for Monday, June 10, 199! at 6:00 p.m. in the Gouncil Chambers. 4, ~ - None S. COUNCIL CO~ - None ADJOLIRNIvlENT AT 8:15 P.M. to a Special City Council Meeting/Worksession on Monday, June 10, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AI. rlT~I.~T, CMC, City Clerk by:. Vicki C. Soderquist, Deput~ Clerk Attachment B CHILD CARE COMMISSION MINUTES OF THE APRIL 21, 1992 MEETING Tuesday 7:00 p.m. Parks end Recreation April 21, 1992 Conference Room CALL MEETING TO ORDER: 7:13 p.m. MEMBERS PRESENT: Vice Chair Hartman, Commissioners Canedo, Welsh, Reeves and Ex-Officio Members Tressler and Randolph MENBERS EXCUSED: Chair Cavanah, Commissioners Huston and Joynes STAFF PRESENT: Bob Morris, David Harris, Lance Abbott and Klm Tefft 1. APPROVAL OF MINUTES MSC (Welsh/Canedo) 4-0 to approve the minutes of the meeting of March 17, 1992 as submitted. Welcome and introduction of new Commissioner Nancy Reeves 2. COMMUNICATIONS a. Oral Communications - None b. Written Communications Vice Chair Hartman passed around copies of various child care publications including "Child Care Resource Service", forum flyer on Child Care and Development to be held on Friday, May 15th at UCSD, 1992 edition of "State Policy of Child Rearing - Kids Count", and the annual report by the "California Child Welfare Strategic Planning Commission". 3. UNFZNISHED BUSINESS a. 4-H Program Presentation Jennie Hill, Before and After Child Care Coordinator for the 4-H program, then proceeded to provide an background information for the Commission on what the program has to offer. Cooperative Extension of which 4-H is a part, came into being by an act of Congress in 1915 funded by the U.S. Department of Agriculture and the Land Grant University {University of California, Davis, Berkeley, and Riverside campuses) and the county in which they reside. Almost every county within the U.S. has a 4-H program. 4-H is the youth portion of the program with the challenge nation-wide to be the informal education arm of the Land Grant University in the State. The youth program has been in existence for about 75 years, but in the early 80's Cooperative Extension went through major shifts from being program focussed to issue focussed such as Youth At Risk and Latchkey Children. Presently, there are eight sites operated in E1Cajon with one that was temporarily licensed in San Diego. In E1Cajon the 4-H Program operates in the School District system. The Park and Recreation Department of Chula Vista approached the 4-H organization to explore the possibility of opening a Child Care program here. After lengthy discussion, the licensing processing has begun for a after school program at Lauderbach Center that will serve children ages 5-12. A survey of 101 out of 254 parents showed that there was a strong need for child care in that area. A start up grant has been received from the State Department of Education, along with a USDA Grant which will include additional services at the Lauderbach Center. Within a year, 200 children will eventually be reached in some way through these programs. The Lauderbach Center program will offer a variety of programs targeted for all ages, including some that will work with Senior programs. A sliding scale payment will be offered to the lower income families who would like to participate in the program. The cost to the City of Chula Vista is "in kind" in that Parks and Recreation facilities and support staff will be utilized. The hours of operation will be from 11:30 a.m. to 6:30 p.m. at a uniform fee of $45 per week, $50 for kindergarten. Ms. Hill then passed out two handouts: 1) the 4-H Mission Statement; and 2} the "4-H School-Age Child Care Reporter, Fall lng1". Jennie stated she will keep the Commission up-to-date on the progress of implementation of the program. MSUC (WELSH/CANEDO) TO ENDORSE AND SUPPORT THE 4-H AFTER SCHOOL PROGRAM AT LAUDERBACH AND LOMA VERDE. MOTION PASSED 4-0. It was agreed to table items C & D under Unfinished Business until a later date and to address item A. "CDBG Review - Community Development" later in the meeting. 4. NEW BUSINESS a. Palomar Trolley Child Care - Community Development Lance Abbott, Community Development Specialist, then provided a presentation of the Palomar Trolley Child Care project. This particular development project is a planned 18 acre retail shopping center on land that is currently vacant at the corner of Palomar and Broadway, adjacent to the Palomar Trolley Station. The Developer along with the City are trying to pull together a proposal that will include a 6,000 sq. ft. building that will provide child care services to approximately 100 children. The non-profit operator would be Child Development Associates, whom Commissioner Tressler is the Executive Director. This is a great opportunity to get child care service and have state subsidy in an area of the City that is predominately low income. Problems with the proposal are due mainly to the ability to finance the project. At this time there is nothing being asked of the Commission, Mr. Abbott Attachment C Surveys cUstributed: 832 Surveys returned: 254 Surveys indicating need for child care: 128 Numbers and Ages of Children Needing Care: 53 5-6 year olds 56 7-8 year olds 37 9-10 year olds 19 11-12 year olds F~ulie~ Indi~o*4~g Need for C~.re: Monday-Friday 88 Of those who indicated a need for child care on less than a weekly basis the response was as follows: Day of Week: Monday Tuesday Wednesday Thursday Friday 2 2 5 5 4 These are not necessarily the same families each day. Undesignated: ~0 Morning C~m ~ Betw,~en: 6 a.m. - 7 a.m.. 13 7 a.m. - 8 a.m. 17 2 p.m. - 3 p.m. 9, 3 p.m. - 4 p.m. 9 4 p.m. - 5 p.m. 20 5 p.m. - 6 p.m. 27 6 p.m. - 6:30 p.m.19 Three families indicated need for care until 7 p.m.- 8 p.m. 75 famih'es desire intercession care. The majority of families (76) need care because of employment. Nineteen/ndicated it was because of job training programs and 16 because they are seeking work. Many (36) indicated they desire after school activities for their child ~lso. Most of the latter responses were coupled with one or the other of the first two, employment or seeking work or training. 69 respondents indicated there are two parents in the home. 41 homes are s~ngle parent. Incoma Distribution and Number of Children Rapmaent~d in Ea~ Brackat Income Families Cl'dlctmn Under 10,000 29 40 10,000o14,999 31 55 15,000-19,999 17 27 20,000-24,999 8 15 25,000-34,999 18 28 35,000 & Over 11 16 Children par~cipate primarily in recreation and sports activities. Eleven families indicated children participate in recreation programs. Twelve families indicate children p~dcipate in Sports activities. Three families are involved in Scouts. Children from two families participate in school sponsored activities. Only two families who responded in Spanish indicated their children participate in after school act/vities. · ' Dear Lauderbach Parents: .Cooperative 'Extension 4-!1 provides many different programs for youth and families. One program is school age child care. The child care program operates before and after- school. It includes homework time, snacks, crafts, science and outdoor play. CONFIDENTIAL CHILD CARE SURVEY We hope to open a child care program for Lauderbach students at Lauderbach Communily Center. This suv,,ey will altempl to determine the need. AH responses will be treated confidentially. 1. Do you have school age children for whom you wish after-school care? a. ( ) Yes b. ( ) No. If answered no, skip to number 9. 2. What are the ages of your children who need care? Designate number of children in each group. a. ( ) 5-6 years Number of Children b. ( ) 7~8 years Number of Children c. ( ) 9-10 years Number of Children d. ( ) ll-12years Number of Children 3. What hour do you need child care? Check any that apply. a. ( ) Monday through Friday b. ( ) Only specific days, indicate which ones c. ( ) After school until d. ( ) Before school from a.m. 4. Would you need care during school vacations? a. ( ) Yes b. ()No 5. Reason desiring child care: (Check all that apply) a. ( ) Employment b. ( ) Student or Job Training c. ( ) Seeking work d. ( ) Desire after school activities for child e. ( ) Other To determine fees Io be charged, we need the following information: 6. Are you: Married Single 7. If you are married, is your spouse employed outside the home? YES NO 8. What is the average annual income of your household? (Check one) __under $10,000 __$20,000 - $24,999 $10,000 - $14,999 __$25,000 - $34,999 $15,000 - $19,999 $35,000 and over 9. Does your child participate in any of the following after-school activities? a. ( ) 4-H b. ( ) Scouts c. ( ) Campfire d. ( ) Recreation programs e. ( ) Private lessons f. ( ) School sponsored actMties g. ( ) Sports (Little League, Pop Warner, Soccer, crc.) h. ( ) Other PLEASE RETURN TO YOUR CHILD'S SCHOOL IN THE ENVELOPE PROVIDED. PLEASE COMPLETE ONE FORM PER FAMILY. Thank you for your assisuance. Please keep us informed about the child care program: Name: Address: "'-' Zip Codc Day Phone: Evening Phone: Attachment D Oxford Senior Citizens Club 333 Oxford Street Chula Vista, Ca 91911 December 16, 1991 Sue S. Manglallan 4-H Youth Development Advisor 5555 Overland Avenue, Building 4 San Diego, Ca 92123 Dear Sue: This letter is in support of the proposed 4-H before school, after school and holiday care program for the elementary school age children in the Lauderbach area. The Oxford Senior Club is a very active group. The program will provide an opportunity for our volunteers to be involved in a learning program where they may tutor, assist children with arts and crafts projects, cooking and sharing. On behalf of the Oxford Senior Club, we support this program and are looking forward to the partnership with the San Diego County 4-H program. Sincerely, Barbara Harbin, President Oxford Senior Club Attachment E Blanket Accident menl within 180 days after the date of accident. The Hartford will pay as shown below: Insurance Program sight of both eyes $15,000. Who is covered? both hands or both feet $15.000. one hand and one foot $15.000. either hand or foot and 4-H members and volunteer leaders are protected sight of one eye $15.000. when takmg pad in or attending an approved, either hand or foot $ 7,500. regularly supervised activity, One time padicipants sight of one eye $ 7.500. are also covered. They re also covered while thumb and index finger of traveling to or from a unit activity, and while travel- either hand $ 3,750. lng directly between home and a group meeting place for a scheduled activity Loss of hand or foot means severance through or above the wrist or ankle joint Loss of eye means What is covered? enbre and irrecoverable loss of sight Loss of thumb and index finger means actuai severance The California 4-H Acodeni insurance Program is through or above metacarpophalangeal joints, an 'accident only' pohcy It is designed to provide benefits to group members for certain losses result- The Harford will not pay more than the largest lng from a covered accident o~!y, subject to the amount shown for ail losses due to the same limltafions of tne pohcy accident Exclusions c. Accident medical expense This policy does not cover loss resulting from: Subject to the max,mum benefit of $7,500. The sickness or d~sease ~e~,cept as mentioned in Harttord w;:! pa~. the reasonabre and customary Opiiona! s,c,~ness Coverage, ~mentionally self- expenses' for necessa,y meal,cai or surgical mfhcted m!u'es sJ~ode or attempted suicide, freatmenf services or sapohes if the first expense than a re.ou!ady scheduled a~'iine: mjury sustained any or:e a?de':', a! cove?d expenses wlll be paid · as a !earn m~mber wh;!e pract:clng for or participat- uP lo the fJa~ ,qt~-, Amaunt if they are ~ncurred sponso'~¢d by or unoe' ¢'e d~rection of aqy organ natura'teeth rs Da)ab e to a maximum of $1.000. What are the benefits? expenses w!i be pR d up to the Ma>',mum Amount of S2000 d riley are iocurred within 52 weeks from A. Accidental death the date of the srck"ess Acc~de",tal Loss ct Lite benefit Of $5,000.00. average charges made for such medical or surgical B. Loss of sight and dismemberment This folder explains the general purposes of the insur- a,"- described, but in no way changes or affects the ir~t ,ncc provided under the group policy 57 SR 56u~99 (accident) or 57 CH 144856 (sickness) actu- ally issued. AH coverages are subject to actual policy cond,tions and exclusions. CALIFORNIA Arranged by: DEALEY, RENTON & ASSOCIATES INSURANCE BROKERS P.O. Box 12675 Oakland, CA 94604 ACCIDENT INSURANCE PROGRAM IHt HARIFORD Underwritten by: Hartford Life & Accident Insurance Company Hartford, Connecticut 06115 Sponsored by THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION DIVISION OF AGRICULTURE & NATURAL RESOURCES This folder explains the general purposes of the insur- a~"' described, but in no way changes or affects the i~, ,~ce provided under the group policy 57 SR 56uu99 (accident) or 57 CH 144856 (sickness) actu- ally issued· All coverages are subject to actual policy · cond,,~ons and exe, usions. CALIFORNIA 4-H '1 Arranged by: DEALEY, RENTON & ASSOCIATES INSURANCE BROKERS P.O. Box 12675 Oakland. CA 94604 ACCIDENT INSURANCE PROGRAM THE HARTFORD Underwritten by: Hartford Life & Accident Insurance Company Harlford, Connecticut 06115 Sponsored by THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION DIVISION OF AGRICULTURE & NATURAL RESOURCES 1099 100 M - 889 Attachment F Division of Agriculture and Natural Resources NO: DANR 05 91/92 University of California '~S~i~Ca~ ~ ~SSU~: 300 Lakeside Drive, 6th Floor County Directors and 4-H Youth Advisors Oakland, CA 94612-3560 in the State of California (415) 987-0859 UNIVERSITY OF CALIFORNIA CERTIFICATE OF SELF-INSURANCE This is w ccr~fy flu~ thc Univemty of Calif~.-.'~ ~ self-inroad fo~ thc ~llowing coveraics: Type of Coverage Selblnsurad Limfts L GENERAL LIABILITY: P~h~ $ 1,000,000 Products and Completed Opcrafion~ Aggregate Pemon~ and AdverfisLug Injury $ l, 000,000 General Ag egam (Bodily Injury & Prepay Damage) $ s. 000,000 H. AUTOMOBILE LIABILITY: V~hiclcs owne~L Non.wheal and ~ $ 1,000,000 (CSL) III. SPECIAL TERMS & CONDITIONS: 1. Thie certificate is issued to cover University of California, Cooperative Extension, including 4-H, activities throughout the State of California for the period July 1, 1991 through June 30, 1992. 2. It should be expressly L~nderstood, however, that the intent of the insurance evidenced herein followe the provisions of th~ Bylaws and Standing Orders of The Regents of the University of California, which do not permit any assumption of liability which does not result from and is not caused by the negligent acts or omissions of its officer, agents, or employees. Any indemnification or hold harmless clause with broader provisions than required under such Bylaws and Standing Orders shall invalidate this certificate. Renewal of Certificate No. DANR 05 1990-91 Shonid, any of the above dcscfihed progr~ns of self-huurance he modified or cancdlcd before the cxpu~anon date shown below, The Regents of the University of California will give 30 days written notice to the named certificate holder. AUTH,.~ORI~/D SIONATURB C~I~T~-ICATE~_~IR~: June 30, 1992 Attachment G GOALS AND OBJECTIVES OF TIlE 4-H AM/PM SCHOOL PROGRAM GOAL: To develop a quality after school educational program that provides a safe, secure environment for the enhancement and development of school age youth. OBJECTIVES: Provide an alternfitive after school environment for children of working parents and for other youth who wish to participate. Provide enriching and educational activities which lead to greater community involvement,. particularly for youth who have not had access to this experience. Create positive adult/child interaction and communication. Introduce the child to community responsibility through positive involvement. Utilize a curriculum which introduces youth to scientific methodology and discovery. Utilize 4-H delivery methodologies; i.e., experimental activities and learn-by-doing projects. Recognize and utilize volunteer talents within 4-H program. Cultivate community support and expertise in canying out the program. Attachment H 4-H AN/PM CLUB PROGRAMS WHo WEARE The 4-H Program is the non-formal educational youth program administered by the Division of Agriculture and Natural Resources of the University of California. Its mission is to provide youth with opportunities to' develop basi~ skills which they can use throughout their lifetime. These ,life skills" equip a person to be self-directing and productive, and to function effectively in a changing world. To reach children who would otherwise be .latchkey kids" the 4-H Program created the 4-H AM/PM clubs (Child Care) in 1987. WHAT WEPROVIDE * Age appropriate curriculum developed by UC Cooperative Extension, around weekly themes which include science and engineering, creative arts, agriculture, outdoor recreation and field trips. , Homework Assistance. * Nutritious snacks. * Trained staff who, at a minimum meet State licensing requirements for education and experience. * Staff training. 'n , Supervision of children 1 .1:14 staff-child ratio. , Administrative functions. * 4-H AN/PM staff hiring and training. * Liability insurance through UC. * Installation and maintenance of phone. , Application for license from State Child Care Licensing Department. * Budget Management. * Program policies and procedures including= Emergency plans Discipline plans Program flyers and literature printing student enrollment Fee collection WHAT THE SCHOOL PROVIDES * Indoor space. * Access to restrooms for children and staff to meet licensing standards. * Playground space. * Tables, chairs~ (benches}. * Message box in school office. * Distribution of notices. * Referral of students to the program. * District agreed upon custodial services. * A school map which indicates AM/PM location, entrances and exits to buildings, bathroom locations, electricity, water and gas shut-off locations (Required by law). STEPS IN ESTAMLISHING A 4-HAM/PM CLUB PROG~AM 1. Meet with school administration to discuss program, licensing requirements and space usage. 2. Needs assessment for child care through parent survey. 3. Contract with school district for use of school space. 4. Begin licensing process. M~et with parents to discuss program curriculum. 5. Preregistration of children to be using program. 6. Ail administrative functions listed above. 4-H AM/PM SCHOOL SH~ED DECISIONS AN~ RESPONSIBILITIES * Determination of space to be used by the child care program. * Coordination of school needs for space provided to child care program. The 4-H AM/PM clubs are committed to the children of the community. We provide an essential service which can build strong community relations for our program and the school. Mutual flexibility and communication between 4-H and the school are keys to ongoing success of the program. Attachment I ~00 o~O~ O~ ACTIV¥£Y PLAN Title: GLIDERS Date: Approx. Time: 45 sin-1 hr. Purposes of Activity: To learn how airplanes can fly. 2.To learn the four forces necessary for anything to fly. To learn how to make a simple paper glider. Materials Needed~ Sheets of Paper 8-1/2 x ~J Glue (optional) Paper clips (optional) Marker Pens (optional) Scissors (optional) Background Information~ There ere four forces working together to make a plane stay in the eirl LIFT is created by air flowing over the wings. The air lifts the plant upward. You can see lift et work if you hold apiece of paper in front of your mouth and blow across the top of it. The paper will rise. · G~AVITY is expressed as the total weight of the loaded plane that must be lifted. THRUST is the forward pull by the propeller, Jet engines, rocket, or your hand in throwing a glider. DRAG is the friction of the air pulling the plans back. More streamlined airplanes have less air friction thus less drag. More Gravity (weight) and Drag = More Thrust and Lift to FLY. Directions for Activity~ Demonstrate LIFT by blowing over sheet of paper. Have whole group do this. 2. Demonstrate GRAVITY by dropping a piece of paper, then a rock. Th~n drop them at the same time. Have others in group try it. DemonStrate THRUST by throwing a clump of crushed paper first softly and then v~ry hard. Have others in group try it. 4. Demonstrate BRAG by throwing mn uncrumpled sheet of paper then throwing a clump of crushed paper. Have group do it. 2. Hand o~t pieces of paper to groups of 3-~ people. Have groups make an airplane out of an single sheet of paper. No rules except the only materials will be a piece of paper. Goal will be to see whic~ group's airplane will travel farthest when thrown. Run many practice flights. Have final competition with run-offs of pairs challenging or each group throw and let lie their airplane from a line. 6. Have individuals make airplanes out of single sheet of paper and then using optional materials such as glue, paper clips, marker pens, or scissors form, shape, and decorate planes. Test fly. Have competition for fastest, slowest, longest flight, heaviest to fly, prettiest, and most innovative. No awards needed, just recognition. Special Learning Hints: 1. Refer $o four forces frequently. 2. Refer to airplane pictures. ~-et kids use their imaginations. Strengths and Weaknesses of Session: References: 1. "Model Airplanes", California 4-H Publication 4-H B-83 2. "4-M Rocketry Member's Guide," California 4-H Publication 4-M-3002 "4-R Rocketry Leader's Manual," California 4-H Publication 4-H 3001 .,-.: ?:, ~~ly.)~ot~r~wo~;:~,~::~ ~Pa~ attention ~ Hel ~ child ~de: ~:1~' ;~ , ~uslng this stun ~d t~ to c~e .' -',: ~ lea~ Overlo. ds .child,learn ways to manage and reduce ~ :~. ' - so it does not 'hu~t them-~ 'At the ~ ' AFTERSCHOOL DAILY SCHEDULE School dismissal to -~:-~0 p.m. - Greetings, hugs and sharing. Choice of ' ' self-selected indoor and/or outdoor activities; free time, homework, interest centers, rest time 3:30 p.m. to 4 p.m. Snack and planning time 4 p.m. to § p.m. Theme week activities § p.m. to 6 p.m. Individualized club or free choice activities Complete homework 6 p.m. to 6:30 p.m. Clean up ii: 30 Center closes Attachment J OVERVIEW DAY CARE CENTER LICENSE REQUIREMENTS (School-age only) Please see State Department of Social Services (SDSS) manual for complete regulations. Topics addressed in SDSS manual 1. Qualifications a. Teachers, Directors, Aides (see training requirements) b. Duties c. Staffing ratio (for school age i teacher to 14 ch/ldren) 2. Admission Policies a. center policies, goals, objectives, needs procedures, disc/pi ine b. state immunization requirements c. children's records d. food and health services e. signing children in and out f. activities g. etc .' 3. Physical Environment Outside - 75 square feet per child Inside - 35 square feet per child Bathrooms Storage space Furniture, equipment & supplies Napping equipment Etc. 4. Note: If the program is run by the school district you need not be licensed. However it does provide a standard to follow. N.A.E.Y.C. Accreditation Program - an excellent resource that takes licensing regulations one step further. Write to: N.A.E.Y.C. 1834 Connecticut Ave. N.W. Washington D.C. 20009 Attachment "K" ADDITIONAL RUI.F~q OR REGIJI~TIONS The 4-H AM/PM program will provide the following service with regards to the use of Lauderbach Center as the site of the Latchkey Program administered through the 4-H. * Provide age appropriate curriculum developed by UC Cooperative Extension, around weekly themes which include science and engineering, creative arts, agriculture, outdoor recreation and field trips. * Homework assistance. * Nutritious snacks. * Trained staff who, at a minimum meet State licensing requirements for education and experience. * Staff training. * Supervision of child in 1:4 staff-child ratio. * Administrative functions. * Liability insurance through University of California for $1,000,000 per occurrence or $5 million general aggregate. * Application for license from State Child Care Licensing Department. * Budget Management. * Program policies and procedures including: Emergency plans Discipline plans Program flyem and literature printing Student enrollment Fee collection and accountability Grant compliance * Coordinates program with adjacent schools and Park and Recreation Department. THE C17~ OF CHUL4 VISTA L.IRTY 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 tile contract, i.e., contractor, subcontractor, material supplier. Unknown 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all indMduals owning more than 10% of the shares in the corporation or mvning any partnership interest in the partnership. N/A 3. If an5, 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. N/^ 4. Have you had more than S250 worth of business transacted with any member of the City start, Boards, Commissions, Committees and Council within the past twelve months? Yes No XX It'3,es. please indicate person(s): 5. Please identi~ each and every person, includina any n,'ents empkvees, consultants or independent contractors who you have assigned to represent you 'before tile City in this matter. HMC Architects' t-lave you and/or your officers or agents, in tile aggregate, contributed more than SI.O00 to a Councih'nember in thc current or preceding election period? Yes No XX If yes, si:IlO which Councihnember(s): KAISER FOUNDATION HOSPITALS (NOTE: Allach Sigllalurc of conlr:~clor~ Exhibit "A", Description of the Property [Insert legal description] kaiser19.wp Kaiser Development Agreement June 19, 1992 Page 20 Exhibit "B", Form of Deferral Agreement kaiser19.wp Kaiser Development Agreement June lg, 1992 Page 21 EXHIBIT 1 VC-1 North Property EXHIBIT 2 City Property EXHIBIT 3 Kaiser Property EXHIBIT 1 RESOLUTION NO. 16702 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SECTIONAL PLANNING AREA PLAN AMENDMENT (SPA), EASTLAKE I PUBLIC FACILITIES FINANCING PLAN (PFFP), EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, KAISER CONDITIONAL USE PERMIT, KAISER PRECISE PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE I/KAISER PERMANENTE. WHEREAS, the area of land ("Amendment Area") which is the subject of this resolution consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of EastLake Parkway and more particularly described as the "Project Area" and labeled as "MC-i", "VC-i", "V-2" and "E-10" on Figure 2-7 on the "Proposed EastLake I SPA Land Use Plan" of the Final Supplemental Environmental Impact Report ("FSEIR") date June 12, 1992 (EIR # 92-01, SCH #92031049); and, WHEREAS, this resolution proposes to modify all phases of the development plan for the Amendment Area at two levels. The first would be the overall redesignation of land uses in the Activity Center (formerly referred to under the existing plan as the Village Center) and, secondly, the precise land uses for the Kaiser Permanente facility, currently referred to as the Medical Center. Those changes would be as follows: The land uses in the activity center would be modified to permit 17.3 acres of retail commercial as opposed to the currently approved 22.2 acres; the proposal would allow 6 acres of office commercial as opposed to the 12 acres as currently proposed; the proposal would eliminate 18 acres (405 dwelling units) of residential land area; the proposal would reduce the acreage of open space and public facility from 19.6 to 11.9; the proposal would add to the activity center 30.6 acres for kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 1 medical center, 2 acres for employment, and 4 acres of community purpose facility district for a total of 71.8 acres. At build-out, the Kaiser Permanente facility would consist of a 439-bed hospital, 485,000 square feet of medical and administrative office, 35,000 square feet of a central utility plant, a large parking structure, and other surface parking; and, WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment was approved to allow the Salt Creek I project; and, WHEREAS, the FSEIR for this project (EIR-92-01) has been previously certified by the City Council of the City of Chula Vista by Resolution No. 16701 adopted June 30, 1992 ("Certifying Resolution"); and, WHEREAS, the Resource Conservation Commission reviewed the Draft Supplemental Environmental Impact Report (EIR-92-O1) on May 18, 1992, and recommended the certification of the EIR; and, WHEREAS, the Resource Conservation Commission, on May 18, 1992, reviewed the Air Quality Improvement Plan and Water Conservation Plan and recommended approval; and, WHEREAS, the Design Review Committee recommended conditional approval of the Kaiser Precise Plan (Exhibit 12 of the SPA Plan Amendment Notebook) (all references to numbered Exhibits herein contained shall be to the SPA Plan Amendment Notebook) on June 8, 1992; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated herein by reference as if set forth in full, made certain findings as set forth in their recommending Resolution Nos. PCM-92-02 and EIR-92-01 herein and recommended to the City Council the approval of said modifications based on certain terms and conditions; and, WHEREAS, a public hearing having been noticed in accordance with Council policy was scheduled before the City Council of the City of Chula Vista on the consideration of the EastLake I General Development Plan Amendment, EastLake I SPA Plan Amendment, EastLake I Public Facilities Financing Plan, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 2 Improvement Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Planned Community District Regulation Amendment, Kaiser Conditional Use Permit, Kaiser Precise Plan and Kaiser Development Agreement on June 30, 1992; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby determine, find, and resolve and orders as follows: I. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The city Council of the City of Chula Vista has reviewed and considered the Final Supplemental EIR-92-01 ("FSEIR"), the environmental impacts therein identified for this project, the Candidate CEQA Findings attached hereto as Exhibit 3-1, the proposed mitigation measures contained therein, the Mitigation Monitoring Program attached hereto as Exhibit 3-2, and the Statement of Overriding Considerations which is attached hereto as Exhibit 3-3. The City Council, by approving the FSEIR, has found that it was prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the procedures of the City of Chula Vista. The Certifying Resolution is incorporated herein by reference. III. CONDITIONAL APPROVAL The City Council does hereby conditionally approve the following: EastLake I General Development Plan (Exhibit No. 4), EastLake I SPA Plan Amendment (Exhibit 5), EastLake I Activity Center Precise Plan Guidelines (Exhibit 6), EastLake I Public Facilities Financing Plan (Exhibit 7), EastLake I Activity Center Air Quality Improvement Plan (Exhibit 9), EastLake I Activity Center Water Conservation Plan (Exhibit 10), Conditional Use Permit (Exhibit 11 "Site Plan - Phase I, II & III"), Kaiser Precise Plan (Exhibit 12), CEQA Findings (Exhibit 3-1), Mitigation Monitoring Program (Exhibit 3-2), and the Statement of Overriding Considera- tions (Exhibit 3-3). The above referenced Exhibits are incorpor- ated herein by reference. The following conditions shall be im- plemented, and the applicants' continued right to use the Property kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 3 in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: A. General Condition--Develop the Project as Approved. The overall project as described in the Final Supplemental Environmental Impact Report shall be developed without variance from the description and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project. The planning and zoning permits listed above are subject to the following conditions: B. General Development Plan/Sectional Planning Area Plan Conditions 1. All environmental impact mitigation measures as identified in FSEIR-92-01, Candidate CEQA Findings for this project (Exhibit 3-1), and the Mitigation Monitoring Program (Exhibit 3-2) shall be implemented. 2. The EastLake I Public Facilities Financing Plan shall be followed and improvements installed in accordance with said plan, or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improve- ments are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City may modify the sequence of improvement construction should conditions change to warrant such a revision, or the City may enter into a Development Agreement satisfactory to the City providing for withholding development. 3. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program have been implemented (Mitigation Measure 4.8.4.1). b. The grading permits shall be conditioned that once the hospital is constructed and occupied by patients, all major grading and site disturbance in the EastLake I SPA Amendment area south of the medical center should cease when the winds are from the south to the north. Construction should be stopped until the wind changes direction so as not to be blowing toward the hospital. The construction area should be watered down to minimize the potential for contaminants in the soil to become airborne. The City or its designated representative shall be responsible for kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 4 issuing a cease order and authorizing grading to resume. As an option, but not as a requirement of this project, Kaiser Permanente could install an air filtration system to reduce particulate matter to meet State and Federal air quality standards (Mitigation Measure 4.8.4.2). c. Grading permits shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County Air Pollution Control District (APCD). The minimum content of such a program shall include: d. Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other equally effective dust palliatives shall be used if drought conditions limit water availability. e. Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. f. Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. g. Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. h. Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. i. Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. j. All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m and 3 a.m., kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 5 completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.3). 4. Land Use a. Prior to issuance of any permits, the developer(s) shall obtain City Council approval of the proposed EastLake I General Development Plan and EastLake I SPA Plan amendment to permit a regional medical office center with supporting uses on the site (Mitigation Measure 4.1.4.1). 5. Traffic a. Unless a Development Agreement for the Kaiser Permanente Chula Vista Medical Center Conditional Use Permit otherwise provides and has a mechanism ensuring the thresholds are not violated, the City may withhold building permits for any units in the subject development if: (1) Regional development threshold limits set by the then current adopted Eastern Chula Vista Transportation Phasing Plan have been reached, or (2) Level of service exceeds the threshold standards in the then effective Growth Management Ordinance (Mitigation Measure 4.3.4.1) . b. The developers of the project shall pay their Development Impact Fees, including the transportation component thereof, to mitigate the impacts discussed herein (Mitigation Measure 4.3.4.2). c. Prior to issuance of a building permit for any building within the Village Center (VC-1), that takes access on, or is adjacent to, a needed improvement; or prior to the issuance of a building permit for Phase III of the Kaiser Permanente Chula Vista Medical Center, the following project-specific improvements shall be constructed or otherwise assured to the satisfaction of the City Engineer: (1) EastLake Parkway shall be widened to six lanes between Otay Lakes Road to north of Fenton Street; (2) improvements including traffic signals shall be made at the intersections of EastLake Parkway with Fenton Street and Miller Road, as illustrated on Figures 4-15 and 4-16 of the FSEIR and; (3) Otay Lakes Road shall be widened to eight lanes between EastLake Parkway and SR 125. Prior to the issuance of any building permit within the Village Center VC-2, sufficient right of way shall be set aside for the future widening of EastLake Parkway, unless the kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 6 widening has already occurred due to development within Village Center VC-1 or the Kaiser Permanente Medical Center or unless the development takes access directly off EastLake Parkway. In this later case, EastLake Parkway shall be widened on the east side as a condition of the building permit. Prior to issuance of a building permit for Phases I and II of the Kaiser Permanente Chula Vista Medical Center, additional widening on EastLake Parkway to provide an additional westbound right turn lane at Otay Lakes Road shall be constructed, or otherwise assured, to the satisfaction of the city Engineer (Mitigation Measure 4.3.4.3). d. The median on Otay Lakes Road between EastLake Parkway and SR 125 may be designed to allow for an interim mid- block traffic signal to allow access to adjacent properties on the north or south side of Otay Lakes Road. An interim period is defined as that period of time when the operating performance of the intersection of Otay Lakes Road and EastLake Parkway and/or the segment of Otay Lakes Road between EastLake Parkway and SR 125 meets the City's Threshold Standards. When those Threshold Standards are exceeded due to cumulative traffic volumes beyond those identified in the Adopted General Plan, it may be necessary to mitigate intersection and segment impacts by reconstructing the intersection to provide grade separation. If grade separation is required in the long-term, it may be necessary to remove the mod-block signal. (Mitigation Measure 4.3.4.4). e. Prior to consideration of VC-1 or Phase III of the Kaiser Permanente Medial Center, environmental and traffic analyses shall be completed for the proposed circulation system modification to provide a link between Otay Lakes Road and Fenton Street at the SR 125 northbound off ramp intersection. This study shall show that all circulation thresholds are met or that there is an overall improvement in the circulation system in the vicinity of the project with the proposed link. If either of these findings can be made, the link may be approved. (Mitigation Measure 4.3.4.5). f. The Kaiser Permanente Medical Center is hereby conditioned to prohibit approval of the building permit for Phase III, unless the City is satisfied that adequate capacity exists to accommodate the additional traffic by one or any combination of the following means: (1) The applicant obtains a deferral agreement sufficient in the opinion of kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 7 the City to obligate the holder of rights to previously approved development to not apply for building permits for development which has been included in the traffic study in this EIR for the Pre-SR 125 condition, provided that the City Manager or his designee agrees that subtracting the traffic impacts from such deferred development eliminates the significant traffic impacts of Phase III identified for the Pre-SR 125 Condition; or (2) Additional traffic studies, which may review the actual traffic generation of Phase I and Phase II medical facilities, indicate that to the satisfaction of the City Manager or his designee, that adequate capacity exists to accommodate the additional Phase III traffic; or (3) Additional traffic studies, which establish "additional capacity" in the existing roadway system, indicate to the satisfaction of the City Council that adequate capacity exists to accommodate the additional Phase III traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (4) The "Approved Projects" assumptions of the City's Transportation Phasing Plan ("TPP") are revised to show that adequate capacity exists to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (5) Applicant and/or other developers implement transportation demand management measures which in the opinion of the City Manager or his designee will create adequate capacity to accommodate additional traffic. This does not kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 8 necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (6) Currently planned or assumed development within the eastern regions of the City are reduced or eliminated or any other facts or assumptions come to the attention of the City Manager or his designee indicating that adequate capacity exists to accommodate additional traffic; or (7) SR 125 or an acceptable interim facility has been assured. (Mitigation Measure 4.3.3.6) g. Prior to issuance of a building permit for Phase III of the medical center, the applicant may, at its option, submit an acceptable traffic study under the direction of a registered traffic engineer. This study may compare the actual trip generation rate based on the total trip count of the medical center or the Kaiser Zion facility and various other factors and assumptions used in the FSEIR and study and make recommendations with regard to what modifications, deletions, or additions to the road improvements, if any, will be necessary to accommodate Phase III traffic volumes. City will consider such study in determining what modifications, deletions or additions to the road improvements, if any, City will require to accommodate Phase III traffic volumes. (Mitigation Measure 4.3.4.7) h. If construction of SR 125 or an acceptable interim facility becomes a condition to the occupancy of Phase III under Mitigation Measure 4.3.4.6, then prior to issuance of any building permits for Phase III of the medical center, a Project Study Report shall be approved by Caltrans for the construction of a northbound on ramp and southbound off ramp on SR 125 at EastLake Parkway unless traffic studies indicate the ramps will not be required; then the Project Study Report is not required. If the ramps are required as a result of the project study, construction of these ramps shall be completed, or financially assured to the satisfaction of the City Engineer and Caltrans, prior to issuance of a building permit for any building within Phase III. Financial assurance means any mechanism in place, either through a regional funding mechanism or payments by local development, that will guarantee that the funding is available to construct the improvements when required (Mitigation Measure 4.3.4.8). kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 9 6. Hazardous Materials a. Prior to issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista that no pesticide contaminated soil would be moved or exposed during grading. Should contaminated soil be potentially encountered, an industrial hygienist shall be consulted to determine specific health and safety measures for onsite construction workers. The assessment should include soil sampling and analysis for the presence and/or concentration of chlorinated herbicides and pesticides (Mitigation Measure 4.5.4.1). 7. Drainage a. Prior to issuance of a grading permit, a temporary maintenance program shall be established by the developer(s) to minimize the effects of soil erosion and debris. The program shall include temporary erosion control planning during construction in accordance with standards established by the City of Chula Vista such as the use of sandbags, silt fences, landscaping, and temporary desilting basins. Development of the subject project must comply with all applicable regulations established by the United States Environmental Protection Agency (EPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater discharge. In addition, the developer shall be required to obtain an NPDES construction permit from the State Water Resources Control Board and to submit pollutant control and monitoring plans to the Regional Water Quality Control Board for approval prior to the issuance of grading permits (Mitigation Measure 4.6.4.1). b. Prior to issuance of a grading permit, onsite facilities for storm water collection shall be designed and constructed to handle 50-year peak discharges (Mitigation Measure 4.6.4.2). c. Prior to issuance of building permits; fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance with the drainage fee program (Mitigation Measure 4.6.4.3) . 8. Geology a. All improvements shall be in compliance with seismic design standards of the Uniform Building Code and kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 10 requirements of local governing agencies (Mitigation Measure 4.7.4.1). 9. Water a. Prior to issuance of a building permit, the developer(s) shall agree to whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, the developer(s) shall implement the approved EastLake I Activity Center Water Conservation Plan (Mitigation Measure 4.10.4.1). b. Prior to the issuance of a building permit, the developer shall comply with Otay Water District (OWD) fee policies or existing agreements with OWD relating to terminal storage (Mitigation Measure 4.10.4.2). 10. Sewer a. Prior to the issuance of a building permit, the developer shall satisfy the wastewater development fee obligation including current sewer capacity fees, as adopted by the City of Chula Vista, to fund trunk sewer and other upgrades identified by the City for the Telegraph Canyon Trunk Sewer (Mitigation Measure 4.10.4.3). 11. Fire Protection a. Prior to issuance of a building permit, a facility to adequately respond to fire emergencies shall be operational (Mitigation Measure 4.10.4.4). b. The requirements of the EastLake I Public Facilities Finance Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan and the EastLake I Activity Center Air Quality Improvement Plan are hereby incorporated into the conditions of approval of the EastLake I SPA Plan Amendment (PCM-92-O1). C. Conditional Use Permit Conditions The applicant for the Medical Center Use, to wit: Kaiser Hospitals, Inc., shall be permitted to use the 30.6 acres parcel identified in Exhibit 11, identified as ("Site Plan, Phases I, II and III, Kaiser Permanente Medical Center") as a medical center on the following conditions which shall be implemented and the Applicant's continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 11 1. Visual Quality a. Prior to issuance of a building permit for any phase of the medical center, the applicant shall submit final building and landscape plans which implement the architecture and landscape plans illustrated on the plans contained in the FSEIR and/or approved by the City's Design Review Committee (DRC). All required landscaping shall be in place prior to issuance of a certificate of occupancy for the first building in each phase of the medical center. (Mitigation Measure 4.2.4.1) 2. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program, including but not limited to implementation of a Transportation Demand Management (TDM) program among employees, have been implemented. (Mitigation Measure (4.8.4.4) b. The grading permit shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County APCD. The minimum content of such a program shall include: (1) Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other quality effective dust palliatives shall be used if drought conditions limit water availability. (2) Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. (3) Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. (4) Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 12 (5) Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. (6) Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. (7) All primary project constr~ction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m. and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.5) 3. Noise a. Prior to approval of building permits for the hospital, interior noise studies shall be submitted to the City which demonstrate that interior noise levels will not exceed 45 dB(A). Appropriate architectural materials shall be incorporated into the building plans to achieve this 45 dB(A) interior standard. (Mitigation Measure 4.4.4.1) 4. Hazardous Waste a. The applicant shall prepare a Hazardous Materials Business Plan and Biomedical Waste Management Plan. These plans shall be approved by the County of San Diego Hazardous Materials Management Division (HMMD). Annual inspections by the HMMD shall be conducted to ensure compliance with County and State regulations. The applicant shall provide evidence to the City of Chula Vista that these requirements have been satisfied before a kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 13 certificate of occupancy is approved for the first phase of the Kaiser Permanente Chula Vista Medical Center. (Mitigation Measure 4.5.4.2) 5. Drainage a. Prior to issuance of the grading permit for the proposed medical center, Kaiser Permanente shall submit drainage plans to the City Engineer which will confirm to the satisfaction of the city Engineer that the drainage plans conform to the drainage studies prepared for this EIR or further environmental review will be required. All storm drain facilities downstream of the medical center shall have the capacity to accommodate the additional flow resulting from the proposed change in grading patterns, or maintain the existing direction of on-site drainage southwesterly toward the detention basin. (Mitigation Measure 4.6.4.4) b. Prior to issuance of the grading permits for the medical center, fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance the drainage fee program. (Mitigation Measure 4.6.4.5) 6. Geology a. Prior to issuance of a grading permit for the proposed medical center, Kaiser Permanente shall provide a final Foundation Investigation and detailed soils analysis. The final Foundation Investigation shall be approved by the city Engineer and shall satisfy the requirements of the office of the State Architect and the California Division of Mines and Geology if appropriate for medical center building sites. Building plans for the medical center facility shall incorporate foundation design criteria set forth in the final Foundation Investigation to the satisfaction of the Office of the State Architect. (Mitigation Measure 4.7.4.2) b. All improvements associated with the medical office building shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies. (Mitigation Measure 4.7.4.3) 7. Water a. Prior to issuance of a building permit, Kaiser Permanente shall agree to participate in whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, Kaiser Permanente shall be required to implement the approved EastLake I Activity Center Water Conservation Plan. (Mitigation Measure 4.10.4.5) kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 14 8. Sewer a. Prior to approval of final grading plans for the medical center, the Wastewater System Subarea Master Plan for EastLake shall be approved by the City Engineer and shall include changes necessary to accommodate the medical center use. (Mitigation Measure 4.10.4.6) b. Prior to the issuance of a building permit, the developer(s) shall be required to pay for all costs associated with revising the Telegraph Canyon Sewer Basin Plan to include the additional flows associated with the medical center. The revised plan will stipulate any ~dditional required improvements and any changes in phasing. Prior to approval of building permits for the medical center, the developers shall pay the total cost of any facility required to specifically serve the medical center within the EastLake I SPA area and its proportionate share of the costs of the basin-wide improvements included in the Revised Basin Plan. (Mitigation Measure 4.10.4.7) c. Prior to issuance of the building permits for Phases I and II, sewer capacity fees shall be paid based on projections included in Section 4.10 and Appendix J of the FSEIR. (Mitigation Measure 4.10.4.8) d. Prior to issuance of the building permit for Phase III, sewerage generated by Phases I and II will be evaluated. Sewer capacity fees for all three phases of the proposed Kaiser Permanente Chula Vista Medical Center shall be adjusted based on the actual sewage volume generated in Phases I and II. Payment of fees shall occur prior to issuance of the building permit for Phase III. (Mitigation Measure 4.10.4.9) 9. Fire Protection a. Prior to issuance of a building permit, Kaiser Permanente shall deposit with the city of Chula Vista adequate funds to provide reimbursement to the City through a deposit account for full costs related to plan check and fire inspection services. The City, at its option, may hire contractual fire inspectors to provide this service. (Mitigation Measure 4.10.4.10) b. Prior to issuance of the building permit for the proposed Kaiser Permanente Chula Vista Medical Office Building, construction plans shall incorporate fire department standards. The construction plans shall be reviewed and approved by the Fire Marshall or designee. The standards shall include, but not be limited to, the following: kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 15 (1) Fire flow shall be 8,000 gallons per minute. This may be reduce to 4,000 if all structures are provided with a fire sprinkler system. (2) Commercial fire hydrants will be required; locations to be determined with plan review. (3) A fire alarm system will be required. (4) The project will require 20-foot access and unimpaired vertical clearance of 13'6" minimum for fire apparatus. (Mitigation Measure 4.10.4.11) D. Precise Plan Conditions The applicant for the Medical Center Use, to wit: Kaiser Per- manente Hospitals, Inc., shall be permitted to construct structures and other improvements on the 30.6 acre parcel identified in Exhibit 11, identified as ("Site Plan, Phases I, II and III, Kaiser Permanente Medical Center") in accordance with the "Design Review/Precise Plan Submittal" contained in Exhibit 12, except as modified therein and then, only in compliance with the following conditions, which shall be implemented and the Applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions. 1. Approval of this project shall be contingent upon approval of the EastLake I General Development Plan and EastLake I Sectional Planning Area (SPA) plan amendment for EastLake I, approval of CUP 92-10, approval of the amendment to the Master Grading Plan, and approval and adoption of the EastLake I Activity Center Precise Plan Guidelines and Conceptual Master Plan for the EastLake Activity Center. Final plans for the Kaiser Precise Plan shall be subject to staff approval. 2. Any mitigation measures identified by FSEIR-92-01 are hereby incorporated herein and shall be implemented. 3. The final site development plan shall indicate the precise number and locations of handicap, van, camper and emergency vehicle parking stalls, and shall be subject to staff review and approval. 4. The proposed parking structure design shall be modified as follows: kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 16 a) The Phase II parking segment shall be reduced from 7 levels to 6 levels. b) The southern portion of Phase III shall be reduced from 9 levels to 6 levels. c) The northern portion of Phase III shall be reduced from 9 levels to 7 levels and horizontal staggering of the upper parking levels along EastLake Parkway shall be incorporated along the northerly facing parking structure elevations. d) Additional articulation (recesses, projections, planter areas) shall be provided on the easterly facing parking structure elevations. 5. A detailed landscaping and irrigation plan shall be submitted to the City Landscape Architect for review and approval prior to issuance of building permits for any structure within Phase I of the medical center. 6. The proposed parking structure design shall incorporate a landscape planter area around the perimeter of the upper levels of the parking structures. Specific information on the proposed number, design and locations of planters as well as planter landscaping materials shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 7. The final landscaping and irrigation plan shall provide specific tree size information, detailed roof garden treatment and hardscape materials specifications. 8. The proposed plant palette shall incorporate a substantial number of drought tolerant materials. The ultimate plant material selection shall include "vernacular Californian" shrub and tree species. 9. Landscaping and a full-height decorative screen wall shall be provided along the southerly and westerly side of the utility yard. Screen wall design details shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 10. Details and/or specifications for the entry canopy, covered walkway and pedestrian bridge design shall be submitted to kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 17 staff for review and approval prior to issuance of building permits for Phase I of the medical center. 11. Specific exterior wall color and building materials samples for all structures within the facility shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 12. A comprehensive sign program shall be submitted to staff for review and approval prior to issuance of any sign permits. 13. Approval of this project shall be contingent upon compliance with all City of Chula Vista Planning, Engineering, Fire and Building and Housing Department requirements and any additional requirements imposed by the State Architect's Office. 14. The loading docks shall be screened visually and for truck noise from the courtyard area. 15. The entry to the central utility plant shall be used additionally for visual screening. 16. The parking structure screens may be solid as portrayed on the precise plan drawings or may be in accordance with either sketches 1 or 2 from precise plan page S20. IV. FINDINGS--CONSISTENCY WITH GENERAL PLAN, SECTIONAL PLANNING AREA PLAN, CONDITIONAL USE PERMIT, PRECISE PLAN, AND OTHER FINDINGS. A. General Development Plan Findings 1. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. An analysis of the EastLake I General Development Plan found that the project is in conformance with the Chula Vista General Plan with respect to all applicable issues including: land use patterns and intensities, circulation, public facilities, conservation and open space, and environmental protection. 2. A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREAS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 18 Both an approved Sectional Planning Area (SPA) Plan and subdivision map currently exist for the amendment area. The applicant has submitted a SPA Plan Amendment and a subdivision map revision to amend these documents for consistency with the general development plan amendment. Concurrently, a precise plan has also been submitted for 30.6 acres within the amendment area which is programmed for near-term construction. 3. IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH AND PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREAS AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS, AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The EastLake I General Development Plan Amendment proposed no residential uses. 4. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The EastLake I General Development Plan Amendment proposes a small increase (2.0 acres) in the amount of industrial or research uses. These uses are located adjacent to similar uses within the developing EastLake Business Center. These uses will by governed by the EastLake I Planned Community District Regulations and EastLake I Activity Center Precise Plan Guidelines which provide land use regulation, development and design standards which will assure the long term integrity of the Activity Center. All public facility needs have been provided for in the EastLake I Public Facilities Financing Plan. 5. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH. kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 19 The EastLake I General Development Plan Amendment proposes to modify the Activity Center along future Route 125 freeway planned for shopping, community park, high school, church sites, and other high intensity uses to include a Kaiser Medical Center. This new use, along with the previously approved uses, are separated from the residential neighborhoods by EastLake Parkway and future SR-125 thereby preserving the desirability and stability of the residential areas. 6. THE STREETS AND THOROUGHFARE PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Final Supplemental Environmental Impact Report contains a traffic analysis of the proposed amendment prepared in accordance with the proposed land uses and circulation element of the Chula Vista General Plan. The resulting analysis indicates that subject to the conditions imposed by this Resolution (in Section f), the existing or proposed streets will be adequate to carry the anticipated traffic. The project will build or provide funding for street modifications on and off-site to carry the anticipated traffic in accordance with the City's threshold criteria. 7. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amount, type and location of neighborhood commercial development is adequate to serve the nearby residential uses. Major shopping needs can be adequately met by commercial areas in Chula Vista. 8. THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EastLake I General Development Plan amendment will not impact the planned land use of adjacent areas. The majority of the property located near the amendment area is within an approved SPA Plan area or is currently being processed for SPA Plan approval. These plans were taken into consideration in the evaluation of the proposed amendment. B. Sectional Planning Area Findings kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 20 1. THE PROPOSED SECTIONAL PLANNING AREA PLaN IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PI2~N. The EastLake I Sectional Planning Area Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the amended EastLake I General Development Plan and the Chula Vista General Plan. 2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The EastLake I SPA Plan, EastLake I Public Facilities Finance Plan, EastLake I Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan contain provisions and requirements to ensure the orderly, phased development of the project. The EastLake I Public Facilities Financing Plan specifies the public facility projects required by the amended EastLake I SPA Plan and also the regional facilities needed to serve the uses. 3. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The land uses within the EastLake I SPA Plan Amendment area represent a continuation of the master planned community elements established with the development of EastLake I. The project has been planned in a fashion to incorporate established community theme elements that integrate well with adjacent land uses and avoids off-site impacts through the provision of mitigation measures specified in the Final Supplemental Environmental Impact Report for the proposed amendment. Implementation of the EastLake I Activity Center Precise Plan Guidelines will assure that quality development with high aesthetic and functional standards will be constructed. C. Conditional Use Permit Findings 1. THAT THE PROPOSED USE AT THE LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY. Approval of the request will provide an acute care hospital and related medical facilities to the developing Eastern Territories thus serving the needs of the community and planning kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 21 for the future needs of eastern Chula Vista. Data provided by Kaiser Permanente documents the current and projected membership, facility usage levels, and floor area requirements to support the need for the proposed facility. 2. THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY. The proposed facility will be constructed according to plans reviewed and approval by responsible State agencies, as well as detailed City review via the precise plan process. All potential impacts associated with the project have been identified and assessed in the project FSEIR. All necessary mitigation measures have been identified and will be monitored through the mitigation monitoring program. 3. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. The proposal will be required to comply with all applicable codes and conditions and regulations prior to the issuance of development permits. 4. THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY GOVERNMENT AGENCY. Approval of the permit is consistent with the General Plan and General Plan policy to encourage the establishment, expansion, improvement and modernization of hospitals and related health facilities within the Chula Vista Planning Area. D. Precise Plan Findings 1. THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; The proposed development will provide the residents of Chula Vista with a hospital and medical facility which will be conveniently located to serve the Eastern Territories of the City and the South San Diego County sub-region. The proposed parking is kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 22 in excess of the minimum standards established by the City. Traffic circulation will be improved by the installation of specific on-site and off-site improvements established by the City Engineer. 2. THAT SUCH PLAN SATISFIES THE PRINCIPLES OF THE APPLICATION OF THE PRECISE PLAN MODIFYING DISTRICT AS SET FORTH IN SECTION 19.56.041; The project is in substantial compliance with the principles of the P modifying district. 3. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTRICT; No deviations from the underlying zoning requirements and master precise plan requirements for the EastLake I Activity Center have been requested as part of this proposal. 4. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICIES OF THE CITY. The project site is currently designated for Commercial/Retail uses. A General Development Plan Amendment and a Sectional Planning Area (SPA) plan amendment for EastLake I will be processed concurrently with a conditional use permit and precise development plan for the proposed facility and will address any existing land use inconsistencies. E. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS. 1. Adoption of Findings. The city Council does hereby approve and incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. 2. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document (EIR-92-01) and the CEQA Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 23 described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. 3. Feasibility of Alternatives. AS is also noted in the environmental documents refer- enced in the immediately preceding paragraph alternatives to the project which were identified as potentially feasible are found not to be feasible. d. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit 3-2 to this resolution and incorporated herein by reference as set forth in full. The Council hereby finds that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista does hereby issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. V. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. VI. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. VII. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 24 and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by: ~ ~~ Robert A. Lei ter ~.~eA~. . rB~eO~a~ Director of Planning to kaiser28.wp Resolution Approving Entitlements; Findings July 1, 1992 Page 25 June 30, 1992 To: The Honorable Mayor and City Council Via: John Goss, City Manager~ From: Robert A. Leiter, Director of Planning Subject: Revised Wording for Mitigation Measure 4.3.4.4 and 4.3.4.5 - Kaiser Supplemental EIR During the last few days, the EastLake Development Company has requested revised wording to Mitigation Measure 4.3.4.4 and 4.3.4.5, Section B,5,d and e of Resolution 16702, FSEIR, CEQA findings, mitigation monitoring program, and the Public Facilities Financing Plan to permit a future mid-block traffic signal on Otay Lakes Road between EastLake Parkway and future SR-125. The SFEIR analyzed two alternatives for signals on Otay Lakes Road; a mid- block signal and a signal at SR-125/Fenton Street. The Engineering Department has studied the applicant's request in conjunction with a future link between Otay Lakes Road and Fenton Street at the future SR-125 northbound off-ramp intersection. The staff concurs with the EastLake Development request and the revised wording is attached. RAL:BG/nr Attachment Mitigation Measure 4.3.4.4: The median on otay Lakes Road between EastLake parkway and SR 125 ~ay be designed to,allow for an interim mid-block traffic signal to allow access to adjacent properties on the north or south side of otay Lakes Road. An interim period is defined as that period of time when the operating performance of the intersection of otay Lakes Road and EastLake Parkway and/or the segment of Otay Lakes Road between ~astLake Parkway and SR 125 meets the city's Threshold Standards. When ~hose Threshold Standard? are exceeded due to cumulative traffic volumes beyond those l~ntified in the ~dopted General Plan, it may be necessary to mitigate intersect/on aRd segment impacts, by reconstructing the Intersection to provide grade separation. If grade separation is required in the long-te~ it may be necessary to remove the mid-block signal. Mitigation Meas~e 4.~.4.$: Prior to consideration of VC-1 or Phase III of the Kaiser Permanents Medical Center, environmental and traffic analyses shall be completed for the proposed circulation system modification to provide a link between Otay Lakes Road and Fenton Street at the SR 125 northbound off ramp intersection. This study shall show that all circulation thresholds are met or that there is an overall improvement in the circulation syatem in the vicinity of the project with the proposed link. If either of these findings can be made, the link may be approved. MEMORANDUM June 29, 1992 Ftle: YE-057 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager~?~ FROM: George Krempl, Deputy City Manager~ SUBJECT: Kaiser Traffic Agreement In response to Councilman Moore's request, staff is providing a brief explanation of the traffic generated by the Kaiser Project and the impact on the City's Traffic Threshold Standard. The City has structured the Kaiser Development Agreement to ensure that the Kaiser Project and proposed developments can proceed within the framework of the City's Traffic Threshold Standard. The agreement provides the following: The existing EastLake I SPA Plan Amendment Area would generate 2,386 peak hour trips. The proposed EastLake I SPA Plan Amendment Area would generate 4,158 peak hour trips. The net increase in peak hour trips is 4,158 - 2,386 - 1,772. EastLake will withhold development of VC-1 and thus releasing 1,251 peak hour trips to Kaiser. Kaiser will still need 521 peak hour trips (1,772-1,251 - 521) to complete Phase 3. The additional 521 peak hour trips will be obtained from one or more of the following: 1. Capacity obtained by deferral agreements from other property owners east of 1-805 (i.e., EastLake) which is determined by the City to reduce p.m. peak hour trips at the site to satisfy the City's Traffic Threshold Standard (6.5.1). 2. Undertake a special traffic study utilizing actual traffic generation data at the Zion Avenue medical center to determine whether the p.m. peak hour trip generation rates assumed by the EIR for the project were too high (6.$.2). 3. Undertake a special traffic study measuring actual p.m. peak trips produced by the project once Phase I and Phase 11 are constructed to determine whether the trip rate predicted by the traffic model in the EIR was too high {6.5.3). The Honorable Mayor and City Council Page 2 June 29, 1992 4. Utilize information from the HNTB SR-125 financial feasibility study to determine whether there is additional p.m. peak hour capacity previously unaccounted for in the EIR traffic study (6.$.4). 5. Construct SR-125 as an interim facility or implementation of a traffic demand management program to provide additional p.m. peak hour capacity (6.5.5). 6. Additional capacity generated by changed conditions (6.5.6). 7. Substitution of vicinity property by EastLake to be used in whole or in part for the purpose of deferring building permits to reduce p.m. peak hour trips (6.5.8). Conclusion The elements of the Development Agreement described above, will restrict the level of trip generation from the proposed SPA Amendment Area to assure conformance with adopted City Threshold Standards related to traffic. Additionally, the "Approved Projects" in the Transportation Phasing Plan will maintain their existing position with respect to traffic capacity in the City's circulation system. The approval of the Kaiser Project per the conditions of the Development Agreement will result in a no net increase in traffic levels previously assumed in the Transportation Phase Plan. Thus, the capacity of the pre-SR125 circulation system will not be adversely impacted by the Kaiser Project. WPC 6054E June 10, 1992 To: Vicki Soderquist City Clerk's Office From: Joann Ey~Fflgelist Plannin~~_-.~_~ Enclosed please find for your records a copy of the joint public hearing notice for Planning Commission and City Council for Case NO. PCM-92-2 EastLake I/Kaiser. Notice was faxed to Star today for the 6/13 paper and notices will be mailed on Friday, 6/12. Enclosure. NOTICE OF PUBLIC HEARINGS BY THE CITY PLANNING COI~41SSION AND CITY COUNCIL FOR THE EASTLAKE/KAISER MEDICAL CENTER PROJECT, CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS will be held by the City Planning Commission of Chula Vista and the City Council of Chula Vista for the purpose of considering the following permits as part of the proposed EastLake I/Kaiser Medical Center Project: (]) the final Supplemental Environmental Impact Report; (2) an amendment to the EastLake I General Development Plan to change 30.6 acres of the 71.8 acres located in the southwest portion of the plan area west of EastLake Parkway, north of Otay Lakes Road and east of the future route for SR 125 from mixed use commercial, residential, public and open space to public/quasi-public. In addition, the proposed project includes changing 2.0 acres from professional and administrative to business center/employment use; (3) an amendment to the adopted EastLake I Sectional Planning Area Plan to accommodate the same changes in land use as described above; (4) the proposed EastLake I Activity Center Precise Plan Guidelines for the 7]..8 acre area; (5) a Conditional Use Permit for the 30.6 acre Kaiser Medical Center which will consist of 439 hospital beds (820,000 square feet of floor area), 485,000 square feet of medical and administrative offices, a 35,000 square-foot central plant, three parking structures to accommodate 4200 cars, and surface parking for 550 cars, (6) a precise plan for the Kaiser Medical Center which contains buildings and structures including a six story and nine story medical office building (Phases 1 and 3) and the hospital towers which contain seven levels and the parking structure which is between four levels and seven levels; (7) the proposed EastLake Activity Center Precise Plan Guidelines which contain the design guidelines for the entire 71.8 acre site; (8)a Public Facilities Finance Plan Update which identifies the public facilities need to serve the project and the phasing and financing responsibility for paying for such facilities; (gl a Water Conservation Plan which identifies feasible methods to conserve water; (10) an Air Quality Improvement Plan which identifies methods to lessen air quality impacts; (11) an amendment to the EastLake I Planned Community District Regulations text and map including revisions to the Village Center 3 land use district located south of Otay Lakes Road and west of EastLake Parkway; and (12) a Development Agreement which sets forth the responsibility of the City and the Kaiser organization with respect to the entitlements described above. A draft supplemental Environmental Impact Report has been issued by the Environmental Review Coordinator for the proposed project and is on file at the Planning Department offices, 276 Fourth Avenue, Chula Vista, California. A complete description of the applicant's proposed project is on file in the City of Chula Vista Planning Department's office. Zf you wish to challenge the Planning Commission's action or the City Council's action on this proposed project 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 Planning CommisEion/City Council at or prior to the public hearing described in this notice. Correspondence should be directed to the Planning Department, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. SAID PUBLIC HEARINGS WILL BE HELD in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard my testify on the following dates: Planning Commission Public Hearing June 24, 1992 7:00 p.m. City Council June 30, 1992 7:00 p.m. Dated: June 10~ 1992 Case: PCH-92-02 JUN-10-'92 WED 11:49 MESSAGE CONFIRMATION TERM ID: CITY OF CHULA UISTA p-9999 TEL NO: FAX 619 691 5191 619 426 ~ LABL- 00[73 E I R- 92-.0 1 XXXXXXXXXXXXXXXXXXXXXXXXXXXXX~ SPA; AMEND: EASTLAKE i ACTIVII XXXXXXXXXXAXXXXXXXXXXXxXXX: XXXXXXXXXXXXXXXXXXXXXX "~XXXX , XXXXXXXXRXAXXXXXXXXXXXXXXX. 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Im~,.~.,~..? ~ RO~NS K~kL S/EVELYN A ECHEYEk~] FE~NANbD F/CAE~EN P C(~iii(~ }( 211~ kO~THSHORE D~ ~B IO08 ELm.UkST ST REVISED MITIGATION MEASURE Revised Mitigation Measure for the EASTLAKE I SPA PLAN AMENDMENT/ KAISER PERMANENTE CHULA VISTA MEDICAL CENTER Final Environmental Impact Report Mitigation Measure 4.3.4.5 has been revised as follows to specify that Phase III of the Kaiser Permananente medical facility is the only phase subject to its provisions. Prior to approval of the proposed SPA Plan Amendment, the Conceptual Master Precise Plan and supporting text in the EastLake Activity Center Precise Plan Guidelines shall be revised to provide access from the future SR 125/Otay Lakes Road northbound off ramp to Fenton Street, as shown in Figure 4-18 (Interim pre SR 125) and Figure 4-19 (buildout). The location of this access shall be coordinated with Caltrans. The access road shall be constructed from Otay Lakes Road to Fenton Street, or otherwise assured to the satisfaction of the City Engineer, prior to issuance of any building permit for development within VC-1 which requires access, or would benefit by access to this connection, or for any building permit within Phase III of the Kaiser Permanente Medical Center. June 24, 1992 SUGGESTED WORD REVISION FOR THE K~ISER DEVELOPMENT AGREEMENT PLANNING COMMISSION REVISED WORDING for the Kaiser Development Agreement Section 1.7.4 To provide a major employment, education and training outreach opportunity for residents of the City. In this regard, Hospitals promises to use reasonable efforts to developer ~ employment, education, and traininq outreach program that encourages local employment, education and training of Chula Vista residents. ONOFFICIAL PLANNING COMMISSION MINUTES MEETING OF 6/24/92 UNOFFiCiAL MINUTES EXCERPT FROM PLANNING COMMISSION MINUTES OF 6/24/92 Assistant Planning Director Lee asked that the next two items be considered together, and explained the order of presentation. ITEM 2: CONSIDERATION OF THE FINAL SUPPI.~MENTAL ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE SECTIONAL PLANNING AREA (SPA) A1V~ND~T/KAISER PERMANENTE CHULA VISTA MEDICAL CENTER, EIR-92-01 ITEM 3: PCM-92-02, PCC-92-10, DRC-92-48, EIR-92-01: CONSIDERATION OF EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SPA PLAN AMENDMENT, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, EASTLAKE I PUBLIC FACILITIES FINANCE PLAN, EASTLAKE I PLANNED COMMUNITY DISTRICT REGULATIONS AMENDMENT, EASTLAKE I ACTIVITY CENTER AlR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, KAISER MEDICAL CENTER PRECISE PLAN, AND KAISER DEVELOPMENT AGREEMENT - EastLake Development Company and Kaiser Permanente Planning Consultant Gray presented the overall project, using slides to explain the highlights of the project plan. He explained the necessity of amending the current adopted plans, and showed the proposed design of the project, indicating the various phases and ultimate build-out. Environmental Consultant Ponseggi noted the Draft Supplemental EIR for the project had been presented to the Planning Commission on June 3, and the response to the comments received at that meeting were contained in the Final EIR. Staffrecommended that the Commission adopt the resolution certifying the Final EIR had been prepared in accordance with CEQA, the CEQA Guidelines, and the environmental review procedures of the City of Chula Vista. Ms. Ponseggi stated the Resource Conservation Commission had voted unanimously to recommend certification. Ms. Ponseggi discussed four significant, unmitigatable issues associated with the project: visual quality; SR-125 impacts; air quality; and housing. Commissioner Tugenberg, regarding air quality, asked if on a regional basis would it not be an improvement in air quality. Ms. Ponseggi answered that it was an improvement, based on reduction of traffic by not having to travel to the Zion facility. Because San Diego County is in a non-attainment district, cumulatively, any project is a significant unmitigatable impact. Bruce McIntyre of Lettieri-McIntyre, the preparers of the EIR, discussed the Final EIR and noted the addendum which included designation of the shopping center area as VC-3 and PC Minutes June 24, 1992 responding to the changes which occurred at the request of staff relating to the design of the parking structure. Mr. Marum circulated to the Commission a clarification to the mitigation measure that the connection between Otay Lakes Road and Fenton Street would not be required until a building permit is issued for Phase III. He asked that the Commission incorporate the revised mitigation measure into the record. Dan Marum of JHK & Associates, the traffic consultant, showed slides to summarize the traffic impacts at the various phases, mitigation measures, and significant unmitigated impacts for the project. Mr. Marum stated that the analysis reflecting the proposed project resulted in a finding that the planned level of capacity in the system for the approved project levels of development is adequate to accommodate the interim level of development from the proposed project for the EastLake I SPA amendment, which does not include the final phase of the Phase II medical center. Even though there was an increase in the total daily trip generation from the proposed project, there was a reduction in the degree of peak hour contribution from this project as opposed to the previous employment center use. Mr. Maxum proceeded to show the traffic impacts to certain intersections and alternatives to relieve overloading. Commissioner Carson, regarding traffic, concluded that all of the other pending and unapproved projects were not considered in the analysis. Planning Consultant Gray concurred, and explained that each project has to be analyzed from the same starting point, the Transportation Phasing Plan. At some point, when the available capacity is allocated by the City Council to projects above and beyond those identified in the Transportation Phasing Plan, those projects will have to be conditioned and wait for the provision of the facility necessary to maintain the City's traffic threshold standard. Commissioner Carson reiterated that if this project went through, all other projects on line may not be able to develop because the allocation would be used. She asked that City Traffic Engineer Rosenberg address this issue. Environmental Consultant Ponseggi noted that CEQA required that the analysis consider projects in process, but specifically states that speculative projects not be considered. City Traffic Engineer Rosenberg explained that there was an interim pre-125 analysis which was based on all of the approved projects to date, but did not include some of the developments which were not identified in the TPP, such as the Salt Creek Ranch development, Telegraph Canyon development, or the proposed McMillin development of a power center on "H" Street. The Kaiser Hospital would use most of the capacity available; however, through agreement with EastLake, that value would not be exceeded. Mr. Gray, referring to the development agreement, stated that EastLake Development Company was agreeing with Kaiser and the City to withhold development in a portion of the EastLake I area so the Kaiser Medical Center could use those trips for its development, and thereby still stay within the provisions of the original Transportation Phasing Plan and maintaining the threshold standards. PC Minutes June 24, 1992 Mr. Marum clarified that, in addition, a General Plan amendment would have to be conducted for the Otay Ranch project, and JHK recommends that when that final plan is approved, another model mn be conducted to reflect all previous projects approved by the City of Chula Vista or the Board of Supervisors during the planning process of the Otay Ranch so there would be an updated view of the build-out condition. MSUC (Tugenberg/Carson) 6-0 (Commissioner Tuchscher absent) certifying that the Final EIR has been prepared in accordance with CEQA, the State of California CEQA Guidelines, and the environmental review process of the City of Chula Vista, and incorporating the revised mitigation measure received. MS (Tugenberg/Carson) to recommend to the City Council that they adopt the attached CEQA Findings and Statement of Overriding Considerations. Planning Consultant Ponseggi noted that it would be appropriate to consider that action after the public hearing as a part of the project. Commissioners Tugenberg and Carson withdrew the motion and second. This being the time and the place as advertised, the public hearing was opened. Speaking In Support: Kent Aden, EastLake Development Company, 900 Lane Avenue, CV, representing the project applicant, showed slides of the proposed project and noted some of the amenities available. Commissioner Decker asked if a motel had been considered for relatives and friends of those hospitalized. Mr. Aden replied that a potential hotel site had been identified in the VC-2 area, at the corner of EastLake Parkway/Otay Lakes Road. Chris Crissafulli, Kaiser Permanente, 4647 Zion Avenue, SD 92120, thanked City Manager Goss and the Planning Department staff for their advice, help, and responsiveness. He mentioned some of the benefits which would be provided by the project. Suzanne Lancaster, 632 Port Trinity, CV 91913, resident of EastLake and member of the recreation committee, noted the need for daycare for infants and toddlers, and also the need for a boys/girls club or other activities for older children. Sharon Wallace, Benefits Manager with Sweetwater Union High School District, 441 Nickman Street, CV 91911, noted that 1750 of their employees are Kaiser members and most live in South Bay. Sweetwater was anxious to have more accessible healthcare for their employees and other employees of South Bay. They believed if accessible hospitals for Kaiser members were closer, there would be less time lost from work while parents were taking children to hospital PC Minutes June 24, 1992 visits and medical appointments. She applauded Kaiser's continued participation in education with children and the need for health awareness in the community. Pamela Smith, District Manager of Social Security Administration, 380 Third Avenue, CV 91910, and Chair of the C.V. Human Services Council, stated that the Human Services Council survey had affordable health care prioritized in the top three in every area surveyed. She noted that in addition to offering jobs, Kaiser was a good neighbor and, through donations, had tried to help non-profit agencies in Chula Vista solve community problems of domestic violence, after-school daycare, latch-key issues. Gene Napier, 734 Riverlawn Avenue, CV 91910, representing the San Diego Bus Drivers Union, said that approximately 80% of their employees were members of Kaiser and lived in the South Bay area and urged support of the project. Dorothy Munns, 9252 Madison Avenue, La Mesa, Assistant Department Administrator for Family Practice for Kaiser Permanente in Bonita and EastLake, supported the proposal because Kaiser had nearly 85,000 members located in the Chula Vista which the Hospital would support. Rev. Bill Armstrong, 1519 Via Hacienda, CV 91913, Pastor of a new church in process of purchasing land in EastLake Village Center, stated that their facility would be a multi-purpose use for worship and community involvement and would welcome youth programs, civic organizations and senior adult programs, as well as provide an afternoon youth center for latch- key youth. He urged approval of the EastLake Development plans for the Village Center. Steve Gilles, 1981 Rue Michelle, CV 91913, resident of EastLake and current President of the EastLake Homeowners Assn., thanked EastLake for their continued interest in their community and recognizing the needs of the residents as to facilities, and their rapid action. He asked that potential impact of traffic, by potential Kaiser users, through the neighborhood area be addressed. Sueaking in Opposition: None. No one else wishing to speak, the public hearing was closed. PC Minutes June 24, 1992 MS (Carson/Tugenberg) to approve the EastLake I General Development Plan Amendment, the EastLake I SPA Plan Amendment, EastLake I Activity Center Precise Plan Guidelines, EastLake I Public Facilities Finance Plan, EastLake I Activity Center Air Quality Improvement Plan, F_astLake I Activity Center Water Conservation Plan, Kaiser Medical Center Precise Plan, Kaiser Medical Center Conditional Use Permit, CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. Commissioner Tugenberg indicated his pleasure with the project. VOTE: 6-0 in favor (Commissioner Tuchscher absent) MS (Carson/Tugenberg) recommending that the City Council approve an ordinance approving the EnstLake I Planned Community District Regulations amendment, and the Kaiser Development Agreement. Commissioner Casillas said he was pleased to see the outstanding summary of the development agreement which had been provided by the City Manager. He asked that this be communicated to the City Manager on his behalf. Referring to page 4, paragraph 1.7.4, of the development agreement, Commissioner Casillas questioned why no language was included to tie the hospitals to our educational institutions. He believed a cooperative relationship should be formed between Kaiser and the community educational resources, specifically Southwestern College, to provide the necessary training for the employees of Kaiser. He asked if the Economic Development Commission had been approached to possibly provide assistance regarding benefits which could accrue to the City. Planning Consultant Gray concurred and indicated it would be appropriate to include that in the Commission's recommendation. He noted that the Economic Development Commission was aware of the development, through the Economic Development Coordinator. Mr. Gray suggested the Commission take action on the recommendation with respect to the Planned Community District Regulation and make a separate motion reflecting Mr. Casillas' suggestion. RESTATED MOTION: That the Planning Commission reconunend that the City Council approve an ordinance approving the EastLake I Planned Community District Regulations amendment, and the Kaiser Development Agreement. VOTE ON MOTION: 6-0 in favor (Commissioner Tuchscher absent) PC Minutes June 24, 1992 MS (Caslllas/Decker) to direct staff to develop language to be added to the development agreement to encourage Kaiser to work with local educational institutions to establish and promote health care job training and education programs. Chair Fuller asked if someone from Kaiser would like to speak to this motion. Diane Strum, of Kaiser Permanente, stated that a preliminary meeting had been held with the MAAC Project on that subject. Kaiser is already committed, and Ms. Strum said the motion would obligate and give the impetus to the schools to get involved and do their share. VOTE ON MOTION: 6-0 in favor (Commissioner Tuchscher absen0 PLANNING COMMISSION RESOLUTIONS RESOLUTION NO. EIR-92-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT/KAISER PERMANENTE CHULA VISTA IVr~.DICAL CENTER (EIR 92-01) SCH//92031049 WHEREAS, the area of land which is the subject matter of this resolution are numerous parcels within EastLake I consisting of 71.8 acres, denoted as the "Project Site" on the attached Exhibit Al ("Project Area"); and, WHEREAS, an entity having control over all or a portion of the development of the Project Area has proposed, the redesignation of the Project Area as follows: 30.6 acres to MC-l; 29.2 acres to VC-1; 10.0 acres as VC-2 and 2.0 acres as E-10 as shown on Exhibit B ("Proposed EastLake I SPA Land Use Plan")2 and the development of a portion of the Project Area with the following improvements: "Kaiser Permanente Chula Vista Medical Center" consisting ora hospital containing 439 beds (820,000 square feet of hospital) and 485,000 square feet of medical and administrative offices, at buildout, or alternatively "Medical Center") all of which is more particularly described in Section 2.0, "Project Description" of the document entitled: "Final Supplemental Environmental Impact Report, "Kaiser Permanente Chula Vista Medical Center" prepared by Lettieri-McIntyre and Associates ("Consultant"), and dated June 12, 1992 ("FSEIR"), which project description contained therein is incorporated herein by reference as the "Project," as if fully set forth herein, and which takes precedence to 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 consideration, now or in the future, of the discretionary activities identified in Section 1.0, "Introduction and Summary" under the sub-section thereof, entitled "Purpose and Scope of the EIR", of the FSEIR; and, WHEREAS, based on a preliminary review of the Project, the Staff has determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff has determined that the Project is not exempt, either statutorily or categorically, 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, ~Figure 2-2 from EIR page 2-4 2Figure 2-7 page 2-13 of EIR Resolution No. EIR-92-01 Page 2 WHEREAS it was concluded that there is substantial evidence, or a reasonable inference from substantial evidence, that the Project may have a significant adverse effect on the environment (Public Resources Code ("PRC") Section 21100, 21151) and therefore determined to cause to be prepared a Supplemental Environmental Impact Report ("EIR") on the Project; and, WHEREAS, the City retained the services of a Consultant to prepare the SEIR on the Project; and, WHEREAS, a draft Supplemental Environmental Impact Report, dated April 28, 1992, ("DSEIR") evaluating the proposed Project was prepared; and, WHEREAS, on May 28, 1992, the Staff fried a notice of completion ("NOC") of the preparation of the DSEIR with the Office of Planning and Research (Guidelines 15085[a]), and indicated therein that the period for State Agency review and receipt of comments would be from May 28, 1992 to April 27, 1992; and, WHEREAS, on May 29, 1992, the Staff mailed through the United State Post Office a Notice of Availability ("NOA") of the preparation of the DSEIR to properties within 1,000 feet of the project site, and indicated therein that the period for public review and receipt of comments would be from May 29, 1992 to June 3, 1992 ("Public Review Period"), and at the same time of said mailing, published or otherwise gave in the manner required by law a notice of the availability of the DEIR ("Notice of Availability") both to commentators on the Notice of Preparation ("NOP") dated March 5, and to the general public by newspaper publication in the Star News on May 2, 1992; and, WHEREAS, the DSEIR 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 DSEIR, and the City has determined that the SEIR did not need to be recirculated (PRC 21092.1); and, WHEREAS, on June 3, 1992, 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, WHEREAS, City has provided response to comments made by any public agency on the DEIR at least ten days before certifying a final EIR written proposed (PRC 21092.5); and, Resolution No. EIR-92-01 Page 3 WHEREAS, agency and public comments have been addressed in the Final Supplemental Environmental Impact Report ("FSEIR") for the Project; and, WHEREAS, the Final Supplemental Environmental Impact Report was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council find, determine, resolve and order as follows: 1. The Final Supplemental Environmental Impact Report. The Final Supplemental Environmenhal Impact Report for the Project consists of: A. Final Supplemental Environmental Impact Report (EIR 92-01) SCH # 92031049, dated June 12, 1992, which contains (1) Comments of the DSEIR; and (2) Responses to Comments on the DSEIR including an Introduction. B. Appendices (A through J) to the FSEIR 2. Certification. The FSEIR is hereby certified by the City Courtcil to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines (Guideline 15090). 3. FSEIR Reviewed and Considered. The FSEIR has been reviewed and considered by the City Council of the City of Chula Vista (Guideline 15090) prior to approval of the Project; and, 4. Resolution Not to Be Deemed Project Approval. Nothing herein shall be deemed to constitute approval of the Project. Resolution No. EIR-92-01 Page 4 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of June, 1992, by the following vote, to-wit: AYES: Chair Fuller, Commissioners Carson, Casillas, Decker, Martin, and Tugenberg NOES: None ABSENT: Commissioner Tuchscher Susan Fuller, Chair ATTEST: Nancy Ripley, Secretary RESOLUTION NO. PCM-92-2 RESOLLYFION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL AND IMPOSING CONDITIONS ON THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SECTIONAL PLANNING AREA PLAN AMENDMENT (SPA), EASTLAKE I PUBLIC FACILITIES FINANCING PLAN (PFFP), EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, KAISER CONDITIONAL USE PERMIT, KAISER PRECISE PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE I/KAISER PERMANENTE. WHEREAS, the area of land which is the subject of this resolution consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of EastLake Parkway (Figure 2-7 of the Final Supplemental Environmental Impact Report); and, WHEREAS, the proposed amendment would modify the development plan for the EastLake I Activity Center at two levels. The first would be the overall redesignation of land uses in the business center and, secondly, the precise land uses for the Kaiser Permanente facility. Those changes would be as follows: The land uses in the activity center would be modified to permit 17.3 acres of retail commercial as opposed' to the currently approved 22.2 acres; the proposal would allow 6 acres of office commercial as opposed to the 12 acres as currently proposed; the proposal would eliminate 18 acres (405 dwelling units) of residential land area; the proposal would reduce the acreage of open space and public facility from 19.6 to 11.9; the proposal would add to the activity center 30.6 acres for medical center, 2 acres for employment, and 4 acres of community purpose facility district for a total of 71.8 acres. At build-out, the Kaiser Permanente facility would consist of a 439-bed hospital, 485,000 square feet of medical and administrative office, 35,000 square feet of a central utility plant, a large parking structure, and other surface parking; and, -1- WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment was approved to allow the Salt Creek I project; and, WHEREAS, the Final Supplemental Environmental Impact Report for this project (EIR-92-01) has been previously certified by the City Council of the City of Chula Vista; and, WHEREAS, the Resource Conservation Commission reviewed the Draft Supplemental Environmental Impact Report (EIR-92-01) on May 18, 1992, and recommended the certification of the EIR; and, WHEREAS, the Resource Conservation Commission, on May 18, 1992, reviewed the Air Quality Improvement Plan and Water Conservation Plan and recommended approval; and, WHEREAS, the Design Review Committee recommended conditional approval of the Kaiser Precise Plan (Exhibit 12) on June 8, 1992; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated herein by reference as if set forth in full, made certain findings as set forth in their recommending Resolution No. EIR-92-01 herein and recommended to the City Council the approval of said applications based on certain terms and conditions; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHIJLA VISTA does hereby recommend that the City Council determine, find, and resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incoq0orated into the record of this proceeding. 2. CONDITIONAL APPROVAL The Planning Commission does hereby recommend conditional approval of the following: EastLake I General Development Plan (Exhibit No. 4), EastI.ake I SPA Plan Amendment (Exhibit 5), EastLake I Public Facilities Financing Plan (Exhibit 7), EastLake I Activity Center Water Conservation Plan (Exhibit 10), -2- EastLake I Activity Center Air Quality Improvement Plan (Exhibit 9), l:a~tLake I Activity Center Precise Plan Guidelines (Exhibit 6), Kaiser Conditional Use Permit (Exhibit 11), Kaiser Precise Plan (Exhibit 12), CEQA Findings (Exhibit 3-1), Mitigation Monitoring Program (Exhibit 3-2), and the Statement of Overriding Considerations (Exhibit 3-3). The above referenced Exhibits are incorporated herein by reference. The overall project as described in the Final Supplemental Environmental Impact Report shall be developed without variance from the description and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project. The planning and zoning permits listed above are subject to the following conditions: General Development Plan/Sectional Plannim, Area Conditions The following conditions shall be implemented, and the applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: a. All environmental impact mitigation measures as identified in FSEIR-92-01, Candidate CEQA Findings for this project (Exhibit 3-1), and the Mitigation Monitoring Program (Exhibit 3-2) shall be implemented. b. The EastLake I Public Facilities Financing Plan shall be followed and improvements installed in accordance with said plan, or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future Easterrl Chula Vista Transportation Phasing Plan adopted by the City. The City may modify the sequence of improvement construction should contlitions change to warrant such a revision, or the City may enter into a Development Agreement satisfactory to the City providing for withholding development. c. Air Ouality 1) Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program have been implemented (Mitigation Measure 4.8.4.1). -3- 2) The grading permits shall be conditioned that once the hospital is constructed and occupied by l~atients, all major grading and site disturbance in the Eastl ake I SPA Amendment area south of the medical center should cease when the winds are from the south to the north. Construction should be stopped until the wind changes direction so as not to be blowing toward the hospital. The construction area should be watered down to minimize the potential for contaminants in the soft to become airborne. The City or its designated representative shall be responsible for issuing a cease order and authorizing grading to resume. As an option, but not as a requirement of this project, Kaiser Permanente could install an air filtration system to reduce particulate matter to meet State and Federal air quality standards (Mitigation Measure 4.8.4.2). 3) Grading permits shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County Air Pollution Control District (APCD). The minimum content of such a program shall include: a) Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other equally effective dust palliatives shall be used if drought conditions limit water availability. b) Perform daily street sweeping at the 6onclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. c) Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. d) Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. e) Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an -4- interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. f) Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. g) All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway · and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.3). d. Land Use 2) Prior to issuance of any permits, the developer(s) shall obtain City Council approval of the proposed EastLake I General Development Plan and EastLake I SPA Plan amendment to permit a regional medical office center with supporting uses on the site (Mitigation Measure 4.1.4.1). e. Traffic 3) Unless a Development Agreement for the Kaiser Permanente Chula Vista Medical Center Conditional Use Permit otherwise provides and has a mechanism ensuring the the thresholds are not violated, the City may withhold building permits for any units in the subject development if: Regional development threshold limits set by the then current adopted Eastern Chula Vista Transportation Phasing Plan have been reached, or -5- Level of service exceeds the threshold standards in the then effective Growth Management Ordinance (Mitigation Measure 4.3.4.1). 4) The developers of the project shall pay their Development Impact Fees, including the transportation component thereof, to mitigate the impacts discussed herein (Mitigation Measure 4.3.4.2). 5) Prior to issuance of a building permit for any building within the Village Center (VC-1), that takes access on, or is adjacent to, a needed improvement; or prior to the issuance of a building permit for Phase III of the Kaiser Permanente Chula Vista Medical Center, the following project-specific improvements shall be constructed or otherwise assured to the satisfaction of the City Engineer: (1) EastLake Parkway shall be widened to six lanes between Otay Lakes Road to north of Fenton Street; (2) improvements including traffic signals shall be made at the intersections of EastLake Parkway with Fenton Street and Miller Road, as illustrated on Figures 4-15 and 4-16 of the FSEIR and; (3) Otay Lakes Road shall be widened to eight lanes between EastLake Parkway and SR 125. Prior to the issuance of any building permit within the Village Center VC-2, sufficient right of way shall be set aside for the future widening of EastLake Parkway, unless the widening has already occurred due to development within Village Center VC-1 or the Kaiser Permanente Medical Center or unless the development takes access directly off EastLake Parkway. In this later case, EastLake Parkway shall .be widened on the east side as a condition of the building permit~ Prior to issuance of a building permit for Phases I and II of the Kaiser Permanente Chula Vista Medical Center, additional widening on EastLake Parkway to provide an additional westbound right turn lane at Otay Lakes Road shall be constructed, or otherwise assured, to the satisfaction of the City Engineer (Mitigation Measure 4.3.4.3). 6) The median on Otay Lakes Road, between SR 125 and EastLake Parkway shall be designed to allow mid-block left tums into the properties on the north and south sides of Otay Lakes Road. The driveways on Otay Lakes Road shall be restricted to right tums in and out as illustrated in Figure 4-17 in the FSEIR. No traffic signal at the median break will be permitted (Mitigation Measure 4.3.4.4). -6- 7) Prior to approval of the proposed EastLake I SPA Plan Amendment, the Conceptual Master Precise Plan and supporting text in the EastLake I Activity Center Precise Plan Guidelines shall be revised to provide access from the future SR 125/Otay Lakes Road northbound off ramp to Fenton Street, as shown in Figure 4-18 (Interim pre SR 125) and Figure 4-19 Couildou0 in the FSEIR. The location of this access shall be coordinated with Caltrans. The access road shall be constructed from Otay Lakes Road to Fenton Street, or otherwise assured to the satisfaction of the City Engineer, prior to issuance of any building permit for development within VC-1 which requires access, or would benefit by access to this connection, or for any building permit within Phase III of the Kaiser Permanente Medical Center (Mitigation Measure 4.3.4.5). 8) The Kaiser Permanente Medical Center is hereby conditioned to prohibit approval of the building permit for Phase III, unless the City Manager or his designee is satisfied that adequate capacity exists to accommodate the additional traffic by one or any combination of the following means: a) The applicant obtains a deferral agreement sufficient in the opinion of the City Manager or his designee to obligate the holder of rights to previously approved development to not apply for building permits for development which has been included in the traffic study in this EIR for the Pre-SR 125 condition, provided that the City Manager or his designee agrees that subtracting the traffic impacfs from such deferred development eliminates the significant traffic impacts of Phase III identified for the Pre-SR 125 Condition; or b) Additional traffic studies, which may review the actual traffic generation of Phase I and Phase II medical facilities, indicate that to the satisfaction of the City Manager or his designee, that adequate capacity exists to accommodate the additional Phase III traffic; or c) Additional traffic studies, which establish "additional capacity" in the existing roadway system, indicate to the satisfaction of the City Manager or his designee that adequate capacity exists to accommodate the additional -7- Phase III traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or d) The HApprove Projects" assumptions of the City's Transportation Phasing Plan ("TPP") are revised to show that adequate capacity exists to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or e) Applicant and/or other developers implement transportation demand management measures which in the opinion of the City Manager or his designee will create adequate capacity to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or f) Currently planned or assumed development within the eastern regions of the City are reduced or eliminated or any other facts or assumptions come to the attention of the City Manager or his designee indicating that adequate capacity exists to accommodate additional traffic; or g) SR 125 or an acceptable interim facility has been assured. (Mitigation Measure 4.3~3.6) 9) Prior to issuance of a building permit for Phase 3111 of the medical center, the applicant may, at its option, submit an acceptable traffic study under the direction of a registered traffic engineer. This study may compare the actual trip generation rate based on the total trip count of the medical center or the Kaiser Zion facility and various other factors and assumptions used in the FSEIR and determine what modifications, deletions, or additions to the road improvements, if any, will be necessary to ' accommodate Phase III traffic volumes (Mitigation Measure 4.3.4.7). -8- 10) If construction of SR 125 or an acceptable interim facility becomes a condition to the occupancy of Phase III under Mitigation Measure 4.3.4.6, then prior to issuance of any building permits for Phase I~ of the medical center, a Project Study Report shall be approved by Caltrans for the construction of a northbound on ramp and southbound offramp on SR 125 at EastLake Parkway unless traffic studies indicate the ramps will not be required; then the Project Study Report is not required. If the ramps are required as a result of the project study, construction of these ramps shall be completed, or financially assureds to the satisfaction of the City Engineer and Caltrans, prior to issuance of a building permit for any building within Phase III. Financial assurance means any mechanism in place, either through a regional funding mechanism or payments by local development, that will guarantee that the funding is available to construct the improvements when required (Mitigation Measure 4.3.4.8). f. Hazardous Materials 11) Prior to issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista that no pesticide contaminated soil would be moved or exposed during grading. Should contaminated soil be potentially encountered, an industrial hygienist shall be consulted to determine specific health and safety measures for onsite construction workers. The assessment should include soil sampling and analysis for the presence and/or concentration of chlorinated herbicides and pesticides (Mitigation Measure 4.5.4.1). g. Drainage 12) Prior to issuance of a grading permit, a temporary maintenance program shall be established by the developer(s) to minimize the effects of soil erosion and debris. The program shall include temporary erosion control planning during construction in accordance with standards established by the City of Chula Vista such as the use of sandbags, silt fences, landscaping, and temporary desilting basins. Development of the subject project must comply with all applicable regulations established by the United States -9- Environmental Protection Agency (EPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater discharge. In addition, the developer shall be required to obtain an NPDES construction permit from the State Water Resources Control Board and to submit pollutant control and monitoring plans to the Regional Water Quality Control Board for approval prior to the issuance of grading permits (Mitigation Measure 4.6.4.1). 13) Prior to issuance of a grading permit, onsite facilities for storm water collection shall be designed and constructed to handle 50-year peak discharges (Mitigation Measure 4.6.4.2). 14) Prior to issuance of building permits; fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance with the drainage fee program (Mitigation Measure 4.6.4.3). h. Geology 15) All improvements shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies (Mitigation Measure 4.7.4. I). i. Water 16) Prior to issuance of a building permit, the developer(s) shall agree to whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, the developer(s) shall implement the approved EastLake I Activity Center Water Conservation Plan (Mitigation Measure 4.10.4.1). 17) Prior to the issuance of a building permit, the developer shall comply with Otay Water District (OWD) fee policies or existing agreements with OWD relating to terminal storage (Mitigation Measure 4.10.4.2). j. Sewer 18) Prior to the issuance of a building permit, the developer shall satisfy the wastewater development fee obligation including -10- current sewer capacity fees, as adopted by the City of Chula Vista, to fund trunk sewer and other upgrades identified by the City for the Telegraph Canyon Trunk Sewer (Mitigation Measure 4.10.4.3). k. Fire Protection 19) Prior to issuance of a building permit, a facility to adequately respond to fire emergencies shall be operational (Mitigation Measure 4.10.4.4). 20) The requirements of the EastLake I Public Facilities Finance Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan and the EastLake I Activity Center Air Quality Improvement Plan are hereby incorporated into the conditions of approval of the EastLake I SPA Plan Amendment (PCM-92-01). Conditional U~e Permit Conditions: The following conditions shall be implemented and the Applicant's continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: 1. Visual Ouality 21) Prior to issuance of a building permit for any phase of the medical center, the applicant shall submit final building and landscape plans which implement the architecture and landscape plans illustrated on the plans'contained in the FSEIR and/or approved by the City's Design Review Committee (DRC). All required landscaping shall be in place prior to issuance of a certificate of occupancy for the first building in each phase of the medical center. (Mitigation Measure 4.2.4.1) m. Air Quality 22) Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program, including but not limited to implementation of a Transportation Demand Management (TDM) -11- program among employees, have been implemented. (Mitigation Measure (4.8.4.4) 23) The grading permit shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County APCD. The minimum content of such a program shall include: a) Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other quality effective dust palliatives shall be used if drought conditions limit water availability. b) Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. c) Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. d) Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. e) Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover t6 minimize wind erosion. Irrigate as necessary to sustain ground cover. f) Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. g) All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a -12- program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delive~ of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m. and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.5) n. Noise 24) Prior to approval of building permits for the hospital, interior noise studies shall be submitted to the City which demonstrate that interior noise levels will not exceed 45 dB(A). Appropriate architectural materials shall be incorporated into the building plans to achieve this 45 dB(A) interior standard. (Mitigation Measure 4.4.4.1) o. Hazardous Waste 25) The applicant shall prepare a Hazardous Materials Business Plan and Biomedical Waste Management Plan. These plans shall be approved by the County of San Diego Hazardous Materials Management Division (HMMD). Annual inspections by the HMMD shall be conducted to ensure compliance with County and State regulations. The applicant shall provide evidence to the City of Chula Vista that these requirements have been satisfied before a certificate of occupancy is approved for the first phase of the Kaiser Permane3te Chula Vista Medical Center. (Mitigation Measure 4.5.4.2) p. Drainaee 26) Prior to issuance of the grading permit for the proposed medical center, Kaiser Permanente shall submit drainage plans to the City Engineer which will confirm to the satisfaction of the City Engineer that the drainage plans conform to the drainage studies prepared for this EIR or further environmental review will be required. All storm drain facilities downstream of the medical center shall have the capacity to accommodate the additional flow resulting from the proposed change in grading patterns, or maintain the existing direction of on-site drainage southwesterly toward the detention basin. (Mitigation Measure 4.6.4.4) -13- 27) Prior to issuance of the grading permits for the medical center, fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance the drainage fee program. (Mitigation Measure 4.6.4.5) q. Geolo_ey 28) Prior to issuance of a grading permit for the proposed medical center, Kaiser Permanente shall provide a final Foundation Investigation and detailed soils analysis. The final Foundation Investigation shall be approved by the City Engineer and shall satisfy the requirements of the Office of the State Architect and the California Division of Mines and Geology if appropriate for medical center building sites. Building plans for the medical center facility shall incorporate foundation design criteria set forth in the final Foundation Investigation to the satisfaction of the Office of the State Architect. (Mitigation Measure 4.7.4.2) 29) All improvements associated with the medical office building shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies. (Mitigation Measure 4.7.4.3) r. Water 30) Prior to issuance of a building permit, Kaiser Permanente shall agree to participate in whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, Kaiser Permanente shall be required to implement the app/'oved EastLake I Activity Center Water Conservation Plan. (Mitigation Measure 4.10.4.5) s. Sewer 31) Prior to approval of fmal grading plans for the medical center, the Wastewater System Subarea Master Plan for EastLake shall be approved by the City Engineer and shall include changes necessary to accommodate the medical center use. (Mitigation Measure 4.10.4.6) 32) Prior to the issuance of a building permit, the developer(s) shall be required to pay for all costs associated with revising the -14- Telegraph Canyon Sewer Basin Plan to include the additional flows associated with the medical center. The revised plan will stipulate any additional required improvements and any changes in phasing. Prior to approval of building permits for the medical center, the developers shall pay the total cost of any facility required to specifically serve the medical center within the EastLake I SPA area and its proportionate share of the costs of the basin-wide improvements included in the Revised Basin Plan. (Mitigation Measure 4.10.4.7) 33) Prior to issuance of the building permits for Phases I and II, sewer capacity fees shall be paid based on projections included in Section 4.10 and Appendix J of the FSEIR. (Mitigation Measure 4.10.4.8) 34) Prior to issuance of the building permit for Phase III, sewerage generated by Phases I and II will be evaluated. Sewer capacity fees for all three phases of the proposed Kaiser Permanente Chula Vista Medical Center shall be adjusted based on the actual sewage volume generated in Phases I and II. Payment of fees shall occur prior to issuance of the building permit for Phase III. (Mitigation Measure 4.10.4.9) t. Fire Protection 35) Prior to issuance of a building permit, Kaiser Permanente shall deposit with the City of Chula Vista adequate funds to provide reimbursement to the City.through a deposit account for full costs related to plan check and fire inspection services. The City, at its option, may hire contractual fire inspectors to provide this service. (Mitigation Measure 4.10.4.10) 36) Prior to issuance of the building permit for the proposed Kaiser Permanente Chula Vista Medical Office Building, construction plans shall incorporate fire department standards. The construction plans shall be reviewed and approved by the Fire Marshall or designee. The standards shall include, but not be limited to, the following: Fire flow shall be 8,000 gallons per minute. This may be reduce to 4,000 if all structures are provided with a fire sprinkler system. -15- Commercial fire hydrants will be required; locations to be determined with plan review. A fire alarm system will be required. The project will require 20-foot access and unimpaired vertical clearance of 13'6" minimum for fire apparatus. (Mitigation Measure 4.10.4.11) Precise Plan Conditions The following conditions shall be implemented and the Applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions. 37) Approval of this project shall be contingent upon approval of the EastLake I General Development Plan and EastLalce I Sectional Planning Area (SPA) plan amendment for EastLake I, approval of CUP 92-10, approval of the amendment to the Master Grading Plan, and approval and adoption of the EastI.ake I Activity Center Precise Plan Guidelines and Conceptual Master Plan for the Eastl_~ke Activity Center. Final plans for the Kaiser Precise Plan shall be subject to staff approval. 38) Any mitigation measures identified by FSEIR-92-01 are hereby incorporated herein and shall be implemented. 39) The final site development, plan shall indicate the precise number and locations of handicap, van, camper and emergency vehicle parking stalls, and shall be subject to staff review and approval. 40) The proposed parking structure design shall be modified as follows: a) The Phase II parking segment shall be reduced from 7 levels to 6 levels. b) The southern portion of Phase III shall be reduced from 9 levels to 6 levels. c) The northern portion of Phase III shall be reduced from 9 levels to 7 levels and horizontal staggering of the upper -16- parking levels along EastLake Parkway shall be incorporated along the northerly facing parking structure elevations. d) Additional articulation (recesses, projections, planter areas) shall be provided on the easterly fac'rog parking structore elevations. 41) A detailed landscaping and irrigation plan shall be submitted to the City Landscape Architect for review and approval prior to issuance of building permits for any structure within Phase I of the medical center. 42) The proposed parking structure design shall incorporate a landscape planter area around the perimeter of the upper levels of the parking structures. Specific information on the proposed number, design and locations of planters as well as planter landscaping materials shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 43) The final landscaping and irrigation plan shall provide specific tree size information, detailed roof garden treatment and hardscape materials specifications. 44) The proposed plant palette shall incorporate a substantial number of drought tolerant materials. The ultimate plant material selection shall include "v~rnacular Californian" shrub and tree species. 45) Landscaping and a full-height decorative screen wall shall be provided along the southerly and westerly side of the utility yard. Screen wall design details shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 46) Details and/or specifications for the entry canopy, covered walkway and pedestrian bridge design shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. -17- 47) Specific exterior wall color and building materials samples for all structures within the facility shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 48) A comprehensive sign program shall be submitted to staff for review and approval prior to issuance of any sign permits. 49) Approval of this project shall be contingent upon compliance with all City of Chula Vista Planning, Engineering, Fire and Building and Housing Department requirements and any additional requirements imposed by the State Architect's Office. 50) The loading docks shall be screened visually and for truck noise from the courtyard area. 51) The entry to the central utility plant shall be used additionally for visual screening. 52) The parking structure screens may be solid as portrayed on the precise plan drawings or may be in accordance with either sketches 1 or 2 from precise plan page S20. 4. CONSISTENCY WITH GENERAL PLAN, SECTIONAL PLANNING AREA PLAN, CONDITIONAL USE PERMIT, PRECISE PLAN, AND OTHER FINDINGS. a. ~eneral Development Plan Findin. gs 1) THE PROPOSED DEVELOP/VIENT AS DESCRIBED BY THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE CHLILA VISTA GENERAL PLAN. An analysis of the EastLake I General Development Plan found that the project is in conformance with the Chula Vista General Plan with respect to all applicable issues including: land use patterns and intensities, circulation, public facilities, conservation and open space, and environmental protection. 2) A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREAS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. Both an approved Sectional Planning Area (SPA) Plan and subdivision map currently exist for the amendment area. The applicant has submitted a SPA Plan Amendment and a subdivision map revision to amend these documents for consistency with the general development plan amendment. Concurrently, a precise plan has also been submitted for 30.6 acres within the amendment area which is programmed for near-term construction. 3) IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH AND PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREAS AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS, AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The EastLake I General D~velopment Plan Amendment proposed no residential uses. 4) IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. -19- The EastLake I General Development Plan Amendment proposes a small increase (2.0 acres) in the amount of industrial or research uses. These uses are located adjacent to similar uses within the developing l:~aatLake Business Center. These uses will by governed by the EastLake I Planned Community District Regulations and EastLake I Activity Center Precise Plan Guidelines which provide land use regulation, development and design standards which will assure the long term integrity of the Activity Center. All public facility needs have been provided for in the EastLake I Public Facilities Financing Plan. 5) IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH. The EastLake I General Development Plan Amendment proposes to modify the Activity Center along future Route 125 freeway planned for shopping, community park, high school, church sites, and other high intensity uses to include a Kaiser Medical Center. This new use, along with the previously approved uses, are separated from the residential neighborhoods by EastLake Parkway and future SR-125 thereby preserving the desirability and stability of the residential areas. 6) THE STREETS AND THOROUGHFARE PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Final Supplemental Environmental Impact Report contains a traffic analysis of the proposed amendment prepared in accordance with the proposed land uses and circulation element of the Chula Vista General Plan. The resulting analysis indicates that subject to the conditions imposed by this Resolution (in Section f), the existing or proposed streets will be adequate to carry the anticipated traffic. The project w'fll build or provide funding for street modifications on and off-site to carry the anticipated traffic in accordance with the City's threshold criteria. -20- 7) ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amount, type and location of neighborhood commercial development is adequate to serve the nearby residential uses. Major shopping needs can be adequately met by commercial areas in Chula Vista. 8) THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EastLake I General Development Plan amendment will not impact the planned land use of adjacent areas. The majority of the property located near the amendment area is within an approved SPA Plan area or is currently being processed for SPA Plan approval. These plans were taken into consideration in the evaluation of the proposed amendment. b. Sectional Planning Area Findines 1) THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAIN AND THE CHULA VISTA GENERAL PLAN. The EastLake I Sectional Planning Area Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the amended EastLake I General Development Plan and the Chula Vista General Plan. 2) THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. -21- The EastLake I SPA Plan, EastLake I Public Facilities Finance Plan, EastLake I Precise Plan Guidelines, EastI.~ke I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan contain provisions and requirements to ensure the orderly, phased development of the project. The EastLake I Public Facilities Financing Plan specifies the public facility projects required by the amended EastLake I SPA Plan and also the regional facilities needed to serve the uses. 3) THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND LISE, RESIDENTIAL ENJOYMENT, CIRCLILATION, OR ENVIRONMENTAL QUALITY. The land uses within the Eastl_atke I SPA Plan Amendment area represent a continuation of the master planned community elements established with the development of EastLake I. The project has been planned in a fashion to incorporate established community theme elements that integrate well with adjacent land uses and avoids off-site impacts through the provision of mitigation measures specified in the Final Supplemental Environmental Impact Report for the proposed amendment. Implementation of the EastLake I Activity Center Precise Plan Guidelines will assure that quality development with high aesthetic and functional standards will be constructed. c. Conditional Use Permit Findings 1) THAT THE PROPOSED USE AT THE LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY. Approval of the request will provide an acute care hospital and related medical facilities to the developing Eastern Territories thus serving the needs of the community and planning for the future needs of eastern Chula Vista. Data provided by Kaiser Permanente documents the current and projected membership, facility usage levels, and floor area requirements to support the need for the proposed facility. -22- 2) THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IM?ROVEMENTS IN THE VICINITY. The proposed facility will be constructed according to plans reviewed and approval by responsible State agencies, as well as detailed City review via the precise plan process. All potential impacts associated with the project have been identified and assessed in the project FSEIR. All necessary mitigation measures have been identified and will be monitored through the mitigation monitoring program. 3) THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. The proposal will be required to comply with all applicable codes and conditions and regulations prior to the issuance of development permits. 4) THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY GOVERNMENT AGENCY. Approval of the permit is consistent with the General Plan and General Plan policy to encourgge the establishment, expansion, improvement and modernization of hospitals and related health facilities within the Chula Vista Planning Area. d. Pre4:ise Plan Findines 1) THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; -23- The proposed development will provide the residents of Chula Vista with a hospital and medical facility which will be conveniently located to serve the Eastern Territories of the City and the South San Diego County sub-region. The proposed parking is in excess of the minimum standards established by the City. Traffic circulation will be improved by the installation of specific on-site and off-site improvements established by the City Engineer. 2) THAT SUCH PLAN SATISFIES THE PRINCIPLES OF THE APPLICATION OF THE PRECISE PLAN MODIFYING DISTRICT AS SET FORTH IN SECTION 19.56.041; The project is in substantial compliance with the principles of the P modifying district. 3) THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTRICT; No deviations from the underlying zoning requirements and master precise plan requirements for the EastLake i Activity Center have been requested as part of this proposal. 4) THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN ~ND THE ADOPTED POLICIES OF THE CITY. The project site is correnfly designated for Commercial/Retail uses. A General Development Plan Amendment and a Sectional Planning Area (SPA) plan amendment for EastLake I will be processed concurrently with a conditional use permit and precise development plan for the proposed facility and will address any existing land use inconsistencies. 5. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS. a. Adoption of Findings. The Planning Commission does hereby recommend that the City Council approve and incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. b. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document (EIR-92-01) and the CEQA Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. c. Feasibility of Alternatives. As is also noted in the environmental document in paragraph b above, alternatives to the project which were identified as potentially feasible were found not to be feasible. d. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit 3-2 to this resolution and incorporated herein by reference as set forth in full. The Plafining Commissioner recommends that the Council find that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the Planning Commission recommends that the City Council of the City -25- of Chula Vista issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of June, 1992, by the following vote, to-wit: AYES: Chair Fuller, Commissioners Carson, Casillas, Decker, Martin, and Tugenberg NOES: None ABSENT: Commissioner Tuchscher Susan Fuller, Chair ATTEST: Nancy Ripley, Secretary File: PCM-924)2, FCC-92-10, DRC-9248, EIRo92-01 O. sispc.r~2) -26- Exhibit 13 June 10, 1992 TO: Planning Commission FROM: John D. Goss, City Manager/~ SUBJECT: Kaiser Medical Center As you know, Kaiser desires to locate a medical center within the City of Chula Vista adjacent to EastLake's business park. The center promises to be beneficial to the City by diversifying the City's employment base and giving the City a second large employer on the size and scale of Rohr Industries. Currently, the City is cooperating with EastLake and Kaiser on a very tight time schedule and so far has been successful in meeting that schedule. The goal is to bring the final land use approvals to the Planning Commission on June 24 and to the City Council at the meeting on June 30. Within the context of these discussions and one of the areas desired by Kaiser, is the development agreement between the City and Kaiser. Basically, the objectives of Kaiser are to have the ability to proceed with all three phases of their project in accordance with whatever phasing and construction schedule they deem appropriate. In that light, staff has been negotiating with Kaiser to determine what the critical elements of a development agreement would be. A development agreement is a precondition for them to initiate this project, buy the land from EastLake, and proceed with development. Even though the project brings a substantial amount of benefit to Chula Vista, the question with the development agreement is what would be its extraordinary benefit to the City. As a result, we wished to apprise you as to the project status and what has been tentatively agreed to at the staff level with Kaiser to provide that extraordinary benefit: I. Project Description The Medical Center is proposed to occupy 30.6 acres within the EastLake I Activity Center located at Otay Lakes Road and EastLake Parkway. The first phase would be devoted to construction of administrative and office space and proposed to begin in 1993 and be completed in 1995. The second phase would be a 227 bed hospital building and begin in 1994 and be completed in 1997. The third phase would be a 212 bed hospital building plus additional medical and administrative offices. Start of construction of the last phase would be determined based upon market demand. (See Table 2-4 and Figure 2-11 for further detail.) II. Medical Center Revenue Projections Compared with the Previous Approved EastLake Commercial and Residential Land Use The Medical Center would generate some sales tax directly, and probably a substantial amount of sales tax indirectly since most of these medical centers have a demand for restaurants and other commercial outlets nearby. Since this would be adjacent to the EastLake commercial center, it should enhance the earlier development of that commercial property. Initially, there will be property tax revenue to the City, although ultimately that will be removed since Kaiser is a non-profit organization and, when the hospital becomes operational, then the property will come off the property tax rolls. The City's fiscal analysis, however, still indicates that there will be a fiscal benefit to the City since more than making up for the lost property tax, is the increased utility users tax which Kaiser will be paying compared to the land use (residential and some commercial) that was originally approved for this land. III. Development Agreement Deal Points A. Benefits to the City 1. Payment to the City's General Fund in July 1992 of $1,200,000. This money can be used by the City to support programs and/or build capital facilities that serve health and human services' needs (the mission of Kaiser), such as support of the City's Literacy Team, the Nature Intecpretive Center, the Senior Information and Referral Center, etc~ 2. At buildout, the 439 bed hospital and 485,000 square feet of medical office would provide about 4,000 jobs. 3. Kaiser would commit to conduct extra local area recruitments to help stimulate Chula Vista residents being e~ployed at Kaiser. 4. While not committing to construct a child care center at Kaiser, EastLake has indicated that escrow is now open for acquisition of property providing a child care center at the business park. ~The initial offer by Kaiser was a $1 million payment to the City to be paid upon the issuance of a building permit for Phase 1, anticipated to be in December 1993. After some negotiation this position by Kaiser was changed to $1,200,000 effective December 1993. After even further negotiation, this offer was modified to $1,200,000 to be paid when the development agreement becomes effectively, likely sometime this summer. The intent of this money is not for development of new and expanded programs but to support those efforts which meet health and human services needs that are currently ongoing City expenses, which can then displace General Fund money which can then be used for other General Fund purposes. B. Benefits to Kaiser 1. Vesting of project land uses and intensities for the term of the agreement. 2. A guarantee that traffic trips in the eastern territories before the Interim 125 facility is built, are available to complete all but a portion of three phases of the Kaiser project. This would be accomplished as follows: a. An aqreement will be entered into, whereby EastLake will agree to not obtain building permits with respect to development for a portion of the second phase of their commercial center. In effect, EastLake would "loan" trips for which they have "approved project" status in the City's transportation phasing plan, to Kaiser. In turn, the City would recognize and accept the agreement so Kaiser can use these trips to guarantee that most of their project has "approved project" status. b. The City would agree to conduct a traffic study which would identify the amount of traffic capacity, if any, in the existing roadway system, which has not been previously allocated to "approved projects". To the extent that such a study reveals that any extra capacity exists, the City would allocate a "fair" percentage of such traffic capacity to EastLake under their agreement with Kaiser. What is "fair" is left to the discretion of the City. c. To the extent Kaiser submits a traffic study during the next few years establishing that the actual traffic qenerated by the first two phases of its proposed development in EastLake is less than that predicted by'the traffic model utilized for the EIR, then the difference will,be paid back to EastLake under the agreement between EastLake and Kaiser. d. To the extent that additional traffic capacity is created by construction of Interim State Route 125, such additional capacity shall be allocated first to EastLake in connection with the agreement. In no case would the return of such trips back to, EastLake for "approved project" status be greater than what was "loaned" to Kaiser initially. In addition, this vesting language in the development agreement would be clarified to ensure consistency with City threshold standards would always be maintained. 3. Limitation on Fees to be paid by Kaiser a. In addition to a guarantee to be able to finish all three phases of this project, as it relates to,traffic capacity, Kaiser also desires to limit its new fee obliqation. What is proposed is that Kaiser's fees would be limited to those in effect today, subject to the increase in those fees to the extent that they are increased on a community-wide basis. It is also subject to the fact that even though it is expected that Phase 1 and 2 will be completed prior to the initiation of Interim 125, the transportation development impact fees that would be added for SR 125 will apply to Phase 3 of the Kaiser proposal.~ The only condition which staff found acceptable to enable Kaiser to "freeze" their transportation DIF fees would be for Kaiser to pay them in advance. Thus, Kaiser would prepay their DIF fees in order to satisfy that obligation now, and not be subject to future increases in transportation DIF fees. b. It is also proposed that transportation development impact fees can be paid by Kaiser in part by using EastLake DIF credits, which have already been paid to the City, subject to an agreement between Kaiser and EastLake, whereby EastLake transfers those credits to Kaiser. Currently EastLake has paid transportation development impact fees to the City of over $3 million in excess of what otherwise would be required. These credits would be transferred under an agreement between Kaiser and EastLake to Kaiser, which would use these credits to pay for their development imPact fees for Phases 1 and 2. It is agreed that to the extent that actual facilities that are part of the DIF budget are needed to be constructed up- front by Kaiser, they will undertake that construction and the cost of that work will be deducted from their DIF fee obligation. This is the same policy as would apply to other developers in the City. 21t is proposed that a finding be made under the transportation development impact fee ordinance that. the transportation DIF will be based upon the number of trips per acre for hospitals. Currently, commercial acreage has a generation factor of 300 to 400 trips per day. It is proposed that the Kaiser development be based on 650 trips per acre per day. This will generate a transportation DIF obligation for all three phases of approximately $6 million. Even though this is substantially greater than what the approved land use for this property is currently {$1.2 million transportation DIF fees would be paid under the current plan), it is still satisfactory from Kaiser's perspective. This is asignificant addition to the transportation DIF fund. It should be remembered, on the other hand, that Kaiser will be generating more traffic over a 24 hour period than other uses. Most of this additional traffic, however, will be during off-peak periods due to the 24 hour nature of the Kaiser operation. IV. Conclusion In conclusion, the Kaiser Medical Project will significantly increase employment opportunities, provide more revenue than the previous project, and provide significant extraordinary benefit to the City of $1.2 million. In exchange, the City protects the Kaiser Land Use Approval, agrees to let them use "unused" EastLake transportation capacity, to the degree it exists, and protects them against unknown potential future fees and limits DIF increases for Phases 1 and 2 re SR 125. The City, as noted though, receipts $6 million in DIF payments versus $1.2 million for the previously approved project. JDG:mab kaiserinfo ~.~'~Lake I SPA Plan AmeeOment TABLE 2-4 Kaiser Permanente Chula Vista Medical Center Statistics PHA$E SIZE1 CONSTRUCTION SCHEDULE. Start Finish PHASE 1 Medlc,al ~d Adl~ini~trative Offices. 270,000 ~r 19~3 1995 Central Plant 25,000 st' 1993 1995 Parking Structure 1,200 spaces 1993 1995 Surface Parkinff 2~0 spaces PHA$E 2 22'?' Bed Hospital Building .505,000 st' 1994 1097 (6 levels p~us basement) Parking StrucXure 1,"~0 spaces 19~6 19~? Surface Parkinff 100 spaces PHASE 3 '. 212 Bed Hospital B~ld~ng 31S,000 sf To be determined based on demand Medical and Administrative Of~ces 21f,000 sf Central Plant Addition 10,000 st' Parking Structure 3,000 spaces . Surface P~kln~ 2S0 spaces ,. TOTAL DEVELOPMENT: 82~,000 sf 439 Bed Hospital ,185,000 sf Medical and Administrative Offices ~5,000 tf Central Plant $,~00 spaces Parking Structure Surface Parking 1 Approximate ma.~mum development si' - square fret 5ource: Kaiser Permanentc, 2/92 2-24 ._LE'ITIERI-MclNTYRE AND ASSOCIATES Page 3, Ires ~__ Meeting Date6/23/92 Length of Subsidy parcel No. Site Address Owner Trench (ft.) Amount 565-280-05-00 156 4th Ave. Ruth B. Rouse 40' $1,200 565-280-06-00 160 4th Ave. Marlo & Nancy Estolano 40' 1,200 565-280-08-00 158 4th Ave. Martha L. Dean 35' 1,050 565-280-09-00 172 4th Ave. Leona M. A. Cranford 35' 1,050 565-020-04-00 75 4th Ave. Lee C. & Ruth S. Noderer 50' 1,500 566-020-06-00 87 4th Ave. Ethel Martin 45' 1,350 565-140-08-00 82 4th Ave. Hector & Maria A. Zuntga 35' 1,050 565-140-30-00 84 4th Ave. Ralph D. & Jo A. R. Williams 100' 3.00~ Total $11,400 The Director of Public Works, subsequent to the formation of the district, will submit to the Council a resolution setting the date for the property owners to be ready to receive underground facilities and the date for the removal of all poles in accordance with the City of Chula Vista Municipal Code. A submission of the resolution to the City Council will occur after the utility companies have agreed on a schedule for the project. All property owners within the district have been notified of tonight's hearing. A transparency is available showing the proposed boundary of the district. FISCAL IMPACT: The cost to underground utilities along Fourth Avenue from 'E' Street to a point approximately 100 feet south of State Highway 54 is estimated to be $2.4 million. SDG&E's allocated funds (rule 20-A) will cover the estimated costs of the project. A $11,400 subsidy for eight single family property owners within this district is included in this amount. WPC 6031E SMN:File No. AY-087 File No. PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE LOCATION SENT TO ST~ NEWS FOR PUBLICATION -- BY F~N ; BY ~D ; BY M~L PUBLICATION DATE ['~ ~,'~'~ ~ [~ '~ M~LED NOTICES TO PROPER~ O~ERS ~, ~-~, 0; }; {'~c, ,~ , , ,x NO. ~LED PER GC 54992 Mgislafive Staff, Construction Indust~ Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK ~ ' ", ', ,-~ COPIES TO: Administration (4) Planning Originating Depa~ment Engineering Others Ciw Clerk's Office {2) POST ON BULLETIN BO~S ; ~, SPECI~ INSTRUCTIONS: -58- RESOLUTION NO. 16654 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG OTAY VALLEY ROAD FROM OLEANDER AVENUE TO NIRVANA AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and, WHEREAS, on June 3, 1992, an Underground Utility Advisory Committee (UUAC) meeting was held in the Public Services Building to consider the proposed boundary of an underground utility district along Otay Valley Road from Oleander Avenue to Nirvana Avenue; and, WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City on Tuesday, the 30th day of June, 1992, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. TR~NSfiOTION REPORT * JUN-lB-B2 FRI B:58 * DATE START REOEIVER TX TIHE PAGES TYPE NOTE * JUN-lB B:54 4286346 1'26' 2 SEND OK * MEMORANDUM June 19, 1992 File # KY-078 TO: Beverly Authelet, city Clerk FROM: Samir M. Nuhaily, Civil Engineer~ SUBJECT: Underground Utility District No. 124 - Otay Valley Road from a point 100 Feet East of Oleander Avenue to Nirvana Avenue The City Council has adopted a resolution on June 9, 1992 setting a public hearing on the subject proposed underground district. The public hearing is planned for Tuesday, June 30, 1992. In accordance with Section 15.32.140(c) of the Chula Vista Municipal Code we are requesting the publication of the adopted resolution in the Chula Vista Star News. Please initiate said publication no later than June 19, 1992. Should you have any questions concerning this matter, please call me at extension 5173. Thank you for your help. MI:nm Attachments (MI 1\UNDST124.MEM) 15.32.130 PuSlic hearing-Required for establishment of district. By appropriate resolution, the council may from time to time call public hea.rings to ascertain whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and f~cilities for supplying electric, comnunication, community antenna television or similar or associated service. Each hearin9 shall be open to the public and may be continued from time to time. At each hearing, all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 1587 §l (part), 1974; Ord. 1460 §2 (part), 1973; Ord. 1128 §l (part), 1968' prior code §34.3.6). 15.32.]40 Public hearing-Notice and publication required. A. The city clerk s~all notify all affected persons and each utility company concerned of the time and place of the hearing at least fifteen days prior to the date thereof. B. Notices given under this section may be given either by personal service or by mail. In case of service by mail, each notice must be deposited in the United States mail in a sealed envelope with postage prepaid. Each notice to an owner of real property in a district or proposed district shall be addressed as such owner's name appears, and at the address listed for such owner on the last equalized assessment roll of the county of San Diego. Each notice to an occupant of real property in a district, or pKoposed district, shall be addressed to occupant at the street address or addresses located on the real property. Notice given by mail shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. C. The city clerk shall cause the resolution calling a public hearing as set forth in Section 15.32.130 of this chapter to be published in a newspaper of general circulation as defined in Section 6000 of the California Government Code. Publication of the resolution shall be for one time, not less than five days prior to the date of the public hearing stated in said resolution. (Ord. 1587 §l (part), 1974, Ord. 1460 §2 (part), 1973; Ord. 1128 §l (part), 1968; prior code §34.3.7). 15.32.150 Districts designated when-Resolution-Recording and contents required. If, after the public hearing, the council finds that the public health, .safety or general welfare requires removal of poles, overhead wires and associated overhead structures and underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, the council shall, by resolution, declare the designated area an underground utility district and order the removal and underground installation. Immediately following its 582 (R 10/90) June 24, 1992 JUN ~.~ lo,.9,~ BY HAND DELIVERY MEMBERS OF THE CITY PLANNING COMMISSION Plann/ng Department Public Services Building 276 Fourth Avenue Chula Vista, California 91910 RE: Proposed Amendments to the Municipal Code and the Public Facilities Element of the General Plan. Ladies and Gentlemen: I am writing in connection with the proposed General Plan and Municipal Code amendments relating to hazardous waste management within the City of Chula Vista (Item No. 4 on tonight's agenda). I write to inform the Planning Commission that we are unable to provide detailed substantive comments on this matter because we did not receive notice of this hearing as required by local, state and federal law. Because we may be vitally affected by these proposed amendments and would have very much liked to have had the opportunity to provide the Planning Commission with meaningful comments, we strenuously object to the City proceeding in this matter. Section 19.06.010 of the Chula Vista Municipal Oode incorporates by reference California Government Code §§ 65300 through 6536~1 relating to general plans. When contemplating an amendment to a general plan, California Government Code §§ 65090 and 65353 require that the Planning Commission hold at least one pubfic hearing on the matter which is noticed at least ten days in advance. Such notice must contain "a general description of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing." California Government Code §§ 65094. Federal due process requires scrupulous compliance with these notice requirements. See, e.g., Carter v. City of Salina, 773 F. 2d 251, 254 (lOth Cir. 1985) ("municipalities ... must scrupulously comply with statutory requirements, including notice and hearing, in order to provide due process of law") (emphasis added). The proposed amendments on tonight's agenda were not noticed in accordance with these laws. Rather, proper notice of these proposed amendments to the General Plan was not given until the end of the day on June 18, 1992, only four business day ago. We still have not received proper notice of the proposed amendments to the Municipal Code. Membe~ ofthe City Plannmg Comm~sion June 24, 1992 Page Two This inadequate notice is directly attributable to an incorrect statement in the June 10, 1992 "Notice of Public Hearings By The City Planning Commission And City Council Of The City of Chula Vista, California." That notice stated that "[c]opies of the proposed amendments ... are on file in the office of the Planning Department." Relying on this representation, we attempted to obtain copies of these documents on several occasions. On each occasion, we were informed that contrary to the representation in the June lOth "notice," the documents were not yet on file. It was not until last Thursday evening that we were successful in obtaining the documents relating to the proposed amendments to the General Plan. As of the writing of this letter, the proposed amendments to the Municipal Code are still unavailable. Even if these documents were available as represented, we doubt that the June 10, 1992 notice would satisfy the "general explanation ... [and] description" requirement of California Government Code § 65094 by merely referencing the availability of the proposed amendments without describing the subject matter of those documents in more detail. With these documents unavailable, however, there can be no question that the June 10, 1992 notice was defective, because that document did not provide any meaningful notice of the content or scope of the proposed amendments and, moreover, inaccurately stated that the proposed amendments were "on file" in the Planning Department. See Drum v. Fresno County Department of Public Works, 144 Cal. App. 3d 777, 782, 192 Cal. Rptr. 782 (1982) ("Wholly inaccurate notice is no notice at all"). The magnitude and complexity of the proposed amendments merely serves to highlight the unreasonableness of this inadequaie notice and the importance of compliance with the notice requirements. The propesed amendments purport to modify over 60 pages of the General Plan, and concern the implementation of the voluminous County of San Diego County Hazardous Waste Management Plan. It is simply not possible to provide detailed, meaningful comments to such lengthy and complex amendments in three business days. I would suggest that it is also equally impossible for the Planning Commission to provide an informed recommendation to the City Council on such short notice, especially when the inadequate notice has effectively deprived the Planning Commission of the benefit of thoughtful public comment. In this regard, it bears mention that the County's Hazardous Waste Management Plan was the product of several years of drafting and comment by both the public and state agencies, yet the Planning Commission is being asked to provide a recommendation on language pertaining to the same subject matter which is, apparently, less than one week old. The last minute appearance of these amendments is all the more surprising because the City approved both the County Plan and EIR. The City's last action respecting this plan, occurred in June of 1991. Members of the City Planning Commission June 24, 1992 Page Three Indeed, there are numerous issues which will require furl airing before the Planning Commission can make an informed recommendation to the City Council. A cursory reading of the proposed amendments to the General Plan which were made available last Friday reveals that they are matedallF more restrictive than the provisions of the County's Hazardous Waste Management Plan. For example, the City's amendment purports to use "Fair Share" concepts to prohibit or unreasonably restrict multiple user facilities. The wisdom and legality of such restrictions require thoughtful discussion. Also, I doubt whether the form and content of the "Addendum To The County of San Diego Hazardous Waste Management Plan Environmental Impact Report" supporting the proposed amendments (Attachment B) complies with the substantive and procedural requirements of the California Environmental Quality Act ("CEQA"). The complexity and importance of these issues illustrates precisely why the law requires timely, meaningful notice of proposed general plan amendments. The lack of compliance with these notice requirements has deprived our client and other members of the public the opportunity to provide detailed, substantive comments on the proposed amendments. According/y, we object to the City proceeding in this matter. Very truly yours, TV:jb FINAL ENVIRON NE[NTAL IMPACT REPORT FOR TI-~ HAZARDOUS WAS'IE MANA~EiN~iNT PLAN COUNTY OF SAN DIEGO Prepared for:. Cot~ty of San Dieso Department o! Health Services 1255 ImperiaX Avenue San Dieso, CA 92138 Prepared by: P&:D Technolo~ie~ Inc. ~0l West "A" Street Suite 2.500 San Dieso~ CA 9210! (3ob ~21-~0 ~-00) 3uly 10, 1989 INTRODUCTION This report is a Final Environmental Impact Report (EIR) for the proposed San Diego County Hazardous V/aste Management Plan. A Draft Environmental Impact Report was distributed in July 1988 for public review and comment. During that review period, several letters of comment were received. A reproduction of the letters and ail responses is included in the text. Also, during the public review period of the Draft Plan itself, several comments were received which resulted in modification of the Plan text. To evaluate the potential environmental impacts of the modified plan, an issue-by-issue comparison of the previous Plan and mocffied Plan was mdertaken to determine if any environmental impacts not addressed in the Draft EIR would occur. This analysis is provided in the following text and finds that the impacts would be substantially the same. This Final EIR contains the comments received on the Draft, a comparative analysis original the and modified Plan, and the issue-by-issue environmental analysis described above. It should be noted that this document is an informational document only. The basic purpose of the EIR, according to CEQA Guidelines Section 15002, is to inform governmental decision-makers and the general public about the potential, signifi- cant environmental effects of proposed activities. The EIR itself does not control the way in which a project can be built or carried out, rather the governmental agency must respond to the information contained in the EIR in one of seven methods outlined in Section 150020~) whi. ch inciude: (1) Changing a proposed project; (2) Imposing conditions on the approval of the project) {3) Adopting plans or ordinances to control a broader class of projects to avoid the adverse changes; Choosing an alternate way of meeting the same need; (5) Disapproving the project; (6) Finding that changing or altering the project is not feasibl~ (7) Finding that the unavoidable si~ificant environmental damage is acceptable as provided in Section 15093. In accordance with CEQA Guidelines Section 151#6, the degree of specificity of this [[IR corresponds to the degree of specificity described by the discretionary actions involved. The Plan is the "pro)ect" analyzed under this EPa, and it should be noted that no specific sites have been identified for possible facilities, and no facilities are proposed as part of this pro)eCt. Should a hazardous waste pro)ect be presented to the County for review, or any of the cities within the County, additional and specific environmental review for permitting of such facilities be necessary. ORGANIZATION OF THIS REPORT This Final EIR is comprised of a comparative discussion of the original draft Hazardous Waste Management Plan and the recently modified Plan, a brie~ analysis of the potential environmental impacts associated with the modified Plan, and letters of comment and responses received on the 1988 Draft. In response to recent legislation (AB 3180) a mitigation monitoring/reporting program must be adopted when a Final EPa is certified. This program is intended to identify requirements and phasing for implementation of mitigation measures recommended in the Fl[pa. A monitoring/reporting program will be prepared and will be available to the various City Councils and Board of Supervisors prior to the hearings on the Final EPa and proposed Plan. BACKGROUND/PLAN COMPARISON The Hazardous Waste Management Plan was developed at the direction of the Board of Supervisors in response to AB 29q8. Assembly Bill 29q8 (Tanner - 1986) authorizes counties to prepare a Hazardous Waste Management Plan describing how each county will manage 100% of its waste stream through the year 2000. The bill also discusses procedures to be followed by city and county agencies in permitting new hazardous waste treatment facilities. The Plan describes how San Diego County's hazardous waste can be managed in anticipation o! the 1990 landfill ban on untreated hazardous waste. -2- The Draft Plan was developed by the HWMP Advisory Committee and County staff over an eight-month period. On March 1988, the HWMP Advisory Committee distributed the Plan for review and comment by the public governmental agencies. After a four-month public and agency review and comment period, the Plan was revised to address more than ~00 comments received on the Draft Plan. On April 29, 1989 the HWMP Advisory Committee approved the revised Hazardous Waste Management Plan. The revised plan includes two additional chapters, modifications to siting criteria, overall grammatical corrections and in-depth discussions on areas that the Advisory Committee agreed to emphasize based on the comments. The issues of Household Hazardous Waste and Public Education were placed in a separate chapter. A separate chapter was also dedicated to Other Significant Issues (e.g, Infectious Waste, Transportable Treatment Units, and Radioactive Waste .Management) and some siting criteria were modified. The revised Draft Plan was redistributed in April 1989. To further clarify the distinctions between the two plans a list of chapters under each plan is provided in Table A. The contents of each chapter of the initial Draft Plan are described in Section II (Project Description, pgs. lI-I to II-5) of the Draft EIR. A similar summary of the two additional chapters is provided in this text. The two new chapters are Household Hazardous Waste (Chapter V) and Other Significant Issues (Chapter X). Chapter V - Household Hazardous Waste This chapter focuses on the improper disposal of household hazardous wastes such as cleaners, pesticides~ paint, automobile and hobby produc~s. Improper disposal extends beyond contamination of solid waste landfills and contributes to water pollution and injuries to refuse workers and landfill operators. The long-term solution to the household hazardous waste disposal problem is an ioformed public and a commitment from ~overnment to take realistic steps toward managing the waste. It should be noted that the initial Plan did address household hazardous waste as part of Chapter IV (Existing Management System). The modified Plan created a new chapter for this discussion and clarified the goals and polities related to management o! this waste. Table A COMPARISON OF CHAPTEI~ IN INITIAL AND REVISED PLAN Initial Plan (March 1988) Revised Plan (April 1989) I t~xecutive Summary I l-'xecutive Summary '1 II Introduction II Introduction ! III General Background Information III General Back§round Information IV ,~xisting Management System IV l:xisting Management System ] V Household Hazardous Waste ! V Hazardous Waste Minimization VI Hazardous Waste ,'vlinimization ! VI Current Hazardous Waste VD Current Hazardous Waste Generation Generation and Facility Needs Generation and Facility Needs I VII Projected Hazardous Waste Vlll Pnajected Hazardous Waste Generation and Facility Needs Generation and Facility Needs I VIII Siting and Permitting of IX Sitin. g and Permitting of Hazardous Hazardous Waste F aciliti es Waste F aciliti es X Other Sigificant Issues IX Goals, Policies and Implemen- Xl Goals, Policles and Implementation i tati on Strategy Strategy m * New chapters not contained inlnitial Plan. m -#- Chapter X - Other $1~nificant Issues This chapter was added in response to concerns raised regarding related issues and include.' o Infectious Waste o Hazardous Waste from Mexico-the Maquiladora program o Pesticides o l~adioactive Waste o Mobile Treatment Units This chapter is unlike any other in the Plan in that these issues are not required to be addressed as part of the Plan~ and are regulated for the most part by an entirely different set of laws. The issues are discussed at a general level and are included for information purposes only. This chapter of the Plan does not provide policy direction. Another major modification made to the initial Plan was revision o~ the Siting Criteria. Siting criteria are listed in Appendix IX-A o~ the Plan in a section entitled "Siting Criteria for I"valuating Hazardous Waste Management l~acilit¥ Siting Proposals in San Diego County". This appendix is divided into eight objectives and each objective contains several criteria. The modifications to each objective are described below. OB3ECTIVE-' PROTECT THE RESII3ENTS OF SOUTHERN CALII~ORNIA Proximity to Populations Clarified the scenarios ~or which a risk assessment could be required by the local ]urisdiction and what the risk assessment should entail. Added criteria regarding setbacks and buffers. Proximity to Immobile Populations Clarified the scope of risk assessments and responsibility of developer in preparation of risk assessment. CB3ECTIVE: ENSURE TI~ STRUCTURAL STABILITY OF THE FACILITY Proximitlt to Active and Potentially Active Faults An additional criteria was added requiring all future facilities to be constructed to seismic zone t~ building code standards. Slope Stability/Subsidence or Liquefaction I Slight modification to the criteria involving residual repositories. OBI:CT1V~: PRO1~CT SURFACE WATER No change. OB3~CTIVE: PROTEC'~' GROUNDWATER Ma)or Aquifer Recharge Areas Modified criteria regarding facilities with subsurface storage/treatment within one-haLf mile of a potential drinking water source to allow such facilities to occur within this area only alter preparation of a groundwater study to determine appropriate buffer zone and mitigation measures. Proximit), to Groundwater Dependent Rural Comm~ities " Revised the criteria to prohibit siting of facilities wit)in groundwater drainage basin{s) except for any portion of such basin{s) 5 miles or more down-elevation from any country town boundaries. OB3~CTIVE: AiR (QUALITY No change. OB31~c'rEvE: PRC~CT ENVIRONI~NTALLY SEI~SITIYE AREAS Natural~ Recreational~ Cultural and Aesthetic Resources Added criteria to permit low vohane transfer and storage facilities to be con- sidered for location in these areas. Public Facilities and Military Reservations Added a statement regarding the possible location of facilities on land lands. OB3ECTIVE: SAFE TRANSPORTATION OF HAZARDOUS V/ASTE No change. OB~:CTIVE: PROTECT SOCIAL AND ECONOMIC GOALS Chan~es in Real Propert)~ Values The criteria regarding the change in real property values and compensation for property owners was deleted. As stated previously, the modified Plan contains in-depth discussion on areas the Advisory Committee agreed to emphasize. One such area is the concept of fair share allocation of facilities. The legislation (Tanner, AB 2%S) which lead to the development of the HWMP's requires each county to develop plans that account f~r the management of 100% of the hazardous waste generated in their county. For individual hazardous waste management plans to account for the treatment of all the waste generated within a county, it must either plan for the siting of the full complement of fac_[lities within their jurisdiction or it must detail a cooperative effort with other jurisdictions to account for the siting of the necessary number of facilities to serve a larger area (e.g.s more than &.single county or an entire region). The second approach is the concept of the "fair share" effort. In response to this planning concept, a regionwide body has been or§ahized, the Southern California Hazardous Waste Management Authority, to develop a fair share program for the siting of the necessary treatment and disposal facilities to serve the Southern California region. Both the City and County of San Die[o are members of this Authority. The modified Plan, which includes a more in-depth discussion of this issue, retains the concept of fair share allocation of facilities. The planning method eliminates the need for a full complement of facilities in each county which reduces the overall risk associated with such facilities and the problems associated with siting a very I~rge number of facilities. Because the Plan assumed this allocation in the -7- draft, and the environmental effects were evaluated in the Draft EIt~, the addition of these criteria would not res,It in any unidentified, adverse envirenmental impacts. The previous discusison is adequate to address this issue. ENVIRON NE NTAL ANALYSIS The following discussion provides a general s~mary of the potential environ- mental impacts and mitigation measures identified in the Ora.it EIP. and the potential impacts associated with the modified Plan. This analysis is provided on an issue-by-issue basis in the same format as the Dra.(t EIP. to provide continuity. As stated previously, the initial Plan addressed household hazardous waste as part of Chapter IV (I~xisting Management System). The modified plan created a new chapter for this discussion and clarified the policies regarding household hazardous waste. Because the potential impacts of the ihitial Plan (March 1988) were analyzed in the August 1988 Draft EIP., and the Initial Plan included household hazardous waste as an item, it is not necessary for this evaluation to repeat the previous analysis. The second new chapter {Chapter X, Other Significant Issues) is different from other chapters in the document because the discussion is provided for i~ormational purposes only and no goals or polidies are stated. T.his chapter of the Plan does not provide policy direction, rather it is an i~ormational .discussion to increase the general knowledge of these issues and clarify their relation to the types of hazardous waste discussed in the Plan. Because the adoption of the Plan as modified by this chapter would not result in new policies to address these issue areas and existing laws would remain to regulate these wastes, the modified chapter would not result in any envirenmenta~ impacts. In general, changes to the siting criteria are intended to provide clarification and do not involve substantial modifications. Some criteria are more restrictive, particularly the criteria regarding the building code standards; however~ the obiectives and general criteria remain the same in spirit and intent. The potential environmental impacts associated with the modified criteria are not anticipated to be substantially dif:[erent than the ihitial c~lteria. For further clarificatlon~ an issue-by-issue discussion, in the format of the Draft )[IR (August 1998), is provided below. A. TRANSPORTATION As stated in the Draft [~IR (August tg88) implementation of the policies regarding disposal of household hazardous waste would create an increase in the amount of hazardous waste ~'affic that currently exists. This would be due to private autos traveling between home and collection sites and trucks traveling from collection sites m disposal areas. Any hazardous waste transport, regardless of where it is transported, has the potentiai'for an acddent or spill to occur. Adoption of the Plan would not affect the method of disposal or transport of wastes discussed in Chapter X (Other Significant Issues). Because regulation and laws currentiy applicable to these wastes would remain in effect, there would be no environmental impact. Implementation of the revised siting criteria and pertinent polities of the Plan and site-specific analysis to ascertain roadway capacity was determined to'be adequate mitigation. No new mitigation is necessary because no new impacts have been identified. B. AIR QUALITY The policies presented in the modified Plan, including those regarding household hazardous waste, have the potential to result in a beneficial impaCt to the air quality of San Diego County. The policies, in general, provide more thorough review of future projects, and more control over the storage, handling, treatment and dispoal of material currently generated within.the county. There are no policies associated with Chapter X (Other Significant Issues), only an information discussion, and no impacts would result. The air quality siting criteria were not modified; no new impacts are identified. It is recommended that the County maintain continuous liaison with the Air Pdilution Control District on all matters that may affect the basin's emissions inventory. C. RISK OF UPSET Implementation of the modified Plan~ including the two new chapters and revised siting criteria, would create generally beneficial impacts by redudn§ the risk of upset. This is due to the more stringent requirements for storage, transportation, disposal and siting. Some possiblity of upset remains~ however~ with the greatest -9- probability related to solvent recovery and oil recycling. Mitigation measures provided in the Draft EIR (August 1988) include measures to reduce the potential for upset andy if upset does occur, to insure that the potential environmental effects are minimized. No additional measures are necessary. D. PUBLIC SE RVIGE Implementation it the polities presented in Chapter XI (Goals, Policies and Implementation Strategy) of the modifled Plan would result in a more thorough review of future projects and more control over the storage, handling, treatment and disposal of hazardous material currently generated in the Cot~qty. This is The placement of household hazardous waste as a beneficial impact. separate chapter (Chapter V), irfformational discussion of Other Significant Issues (Chapter X) or the modification of siting criteria would not change this analys.ls. Mitigation measures for future facilities include extenhive environmental review, additions to public service providers and creation of an emergency response plan par AB 2Ig) and AB 3777. No additional mitigation measures are warranted. E. HUMAN HEALTH Draft EIR (August 1988), waste minimization programs at As identified in the particular plants or construction of coUection centers for household hazardous waste create potentially significant human health im~pacts requiring individual review and mitigation. Because Chapter X (Other Significant Issues) provides information only and does not recommend policy direction, there would be no impact from its inclusion in the Plan. The revised siting criteria provides more detailed guidelines for the preparation of risk assessment and groundwater analysis, which is regarding as a generally benefidaI impact. Mitigation as listed in the Draft EIR regi~rding health risk assessment and specific guidelines for each future facility type would remain unchanged and no additional mitigation is necessary. F. WATER QUALITY Implementation of the Plan polides~ including the revised policies regarding household hazard waste, would result in beneficial impacts to water quality due to more stringent local administration and monitoring of hazardous waste treatment. Future facilities may have potentially significant site specific impacts to water quality as discussed in the Draft EIR. Chapter X (Other Significant Issues), which provides no policy direction, would not create environmental impacts. The revised siting criteria would prohibit facilities within a groundwater drainage basin within which groundwater dependent communities exist. This criteria would eliminate adverse impacts to communities which are dependent on such sources. Mitigation measures in the Draft EIR address facility maintenance and upkeep, employee and operator training, and safety measures to be built into facility design. No additional measures are necessary. G. LAND USE As stated in the Draft EIR (August 19gS), adoption of the Plan would have no direct impacts to land use. The modifications to the Plan inducing clarified policies for household hazardous waste and general iniormation regarcing the waste areas would not alter this conclusion. Implementation of the Plan via construction of hazardous waste treatment and storage facilities could have a significant impact on ac~acent land uses and land use policy issues. Neighborhood hazardous waste centers would create potentially significant land use incompatibility impacts. The siting criteria~ as modified, present §uldelines to minimize potential land use conflicts. Mitigation measures recommended in the Draft EIR include implemen- tation of the Plan policies regarding siting and site-sp.e, cific environmental review. Also, neighbor,~ood hazardous waste collection centers should be attended by authorized persons. No other mitigation is necessary. H. ECONOMICS The Draft EIR states that the economic impact may be significant ii expensive implementation costs are prohibitive to eifect household waste minimization. The modified plan provides a Fiscal Impact/Funding Source line item for each o! the three household hazardous waste polities (V-A~ V-B, V-C). Based on this source, these policies would add no cost to the existing program budget which is funded jointly by the County Department o! Public Works - Solid Waste Enterprise Fund, the San Diego City Water Utilities Department and the Endna Water Pollution -11- m Control District. The economic impact of the modified plan would not be ~m significant. Because Chapter X (Other Significant Issues) does not recommend policy direction and provides information only, its adoption would not result in significant economic impacts. The siting criteria regarding compensation for changes in real property value was deleted. This criteria was viewed as too m m restrictive and potentially prohibitive to the siting of future facilities necessary to meet the goals and intent of the Plan. Mitigation as recommended in the Draft · · EIR~ specifically additional economic review a project-by-project basis, would be adequate to address the modified Plan. m m SUMMARY I The modified Plan adds two new chapters to the initial Hazardous Waste Management Plan, provides more in-depth discussion of certain issue areas and 1 revises some siting criteria. Although household hazardous waste management is incorporated into a new chapter (Chapter V) with distinct policies~ it was discussed m · as an issue in the initial Plan (Chapter IV) and the Draft EIR. The potential environmental impacts associated with implementation of these policies have been adequately addressed in the Dr~ft EIR (August 1988) and no new mitigation measures are warranted. Chapter X (Other Significant Issues) is incorporated into the Plan as an irdorrnational discussion only and does not provide policy direction, m The existing laws and regulations that govern the~e issue areas would remain in effect. Incorporation of this chapter into the modified Plan would not result in m adverse environmental impacts. Revisions to the siting criteria would not substantiaily alter the (~iteria or guidelir~s as presented in the Draft Plan and m · analyzed in the Dr~ft EIR, and no additional impacts are anticipated. The modified discussion of fair share allocation of facilities would not involve direct · environmental impacts and thereEore was not discussed in this section. The future m location and number of facilities is ~known and each proposed facility would be m subject to project-by-project review. Adoption and implementation of the l modified Plan would not result in any environmental impacts not identified in the Draft EIR. m ! DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE HAZARDOUS WASTE MANAGEMENT PLAN COUNTY OF SAN DIEGO Prepared for. County o! San Diego Department o! Health Services 1~20 Kettner Street Stite 302 San Diego, CA 92101 Prepared by: P&D Technologies, Inc. t~01 West aaa St. Suite 2~00 San Diego~ CA 92101 Ausust 18~ 1988 TABLE OF CONTENTS Page I. INTRODUCTION A. Purpose I-1 B. Executive Summary I-2 II. PRO3ECT DESCRIPTION A. Summary of Co~mty Hazardous Waste Management Plan (HWMP) II-I B. State and Federal Regulatory Compliance II-17 III. ENVIRONMENTAL SETTING A. Regional Waste Generation and Treatment III-i B. Physical Setting III-7 IV. ENVIRONMENTAL ANALYSIS A. Transportation IV-I B. Air Quality IV-g C. Risk of Upset IV-30 D. Public Service IV-51 E. Human Health IV-60 F. Water Quality IV-66 G. Land Use IV-83 H. Economics IV-100 V. ALTERNATIVES TO THE PROPOSED PRO3ECT A. No Project Alternative V-2 B. Use of DOltS Siting Criteria V-3 C. Use of More Restrictive Siting Criteria V-5 VI. RELATIONSHIP BETWEEN LOCAL 5HORT-:I'ERM USES OF MAN'S ENVIRON MENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY VI-I VII. SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES VII-1 VIII. GROWTH-INDUCING IMPACT VIII-1 IX. IMPACTS CONSIDERED NOT TO BE SIGNIFICANT IX-I X. ORGANIZATIONS AND PERSONS CONSULTED X-I XI. REFERENCES XI-I XII. CERTIFICATION OF ACCURACY OF COMPLIANCE XII-I L~T OF TABLES Pa~e 2-1 Comparison of Siting Criteria 1I-7 2-2 Summary of Plan Policies II-12 3-1 Current (1986) Waste Treatment and Disposal Capacity III-3 3-2 Waste Projection Data- Year 2000 III-6 #-1 San Diego Annual Normal Precipitation IV-9 4-2 California Ambient Air Quality Standards IV-12 t+-3 National Ambient Air Quality Standards IV-13 4-4 San Diego County .Air Quality Monitoring Summary IV-14 4-5 Historic Earthquakes Within One Hundred Kilometers of Site IV-45 4-6 Summary of Magnitude and Intensity Estimates IV-46 ~-7 Means of Human Health Impact IV-63 4-8 Capabilities of Ofi-Site Facilities IV-$9 LIST OF FIGURES Pa~e 2-1 Regional Map II-2 ~-l' Existing Off-site Facilities IV-3 4-2 San Diego County Earthquake Fault Zones 1V-33 4-3 Historic Earthquake Epicenters IV-35 4-4 State and Local Water Facilities IV-67 4-5 Maximum Population Densities IV-84 4-6 Designated "General Areas" in San Diego County IV-86 4-7 Tons of Hazardous Waste Generated IV-90 #-8 1986 Waste Generation by Major Statistical P~rea and 3 urisdi ction IV-91 LIST OF APPENDICES A Initial Study B Tanner Bill (AB No. 2948) C Table I-2 of the Plan, Comprehensive Ha~zardous Waste Management D Characteristics of Facilities E Air Quality Report F City of San Diego Conditional Use Permit (Ordinance 0-1693) G City of Escondido Conditional Use Permit Procedures I. INTRODUCTION A. PURPOSE This Program Environmental Impact Report (EIR) evaluates the proposed Hazardous Waste Management Plan (Plan) for the County of San Diego, and identifies the environmental constraints associated with its implementation. The Plan has been prepared as a result of the approval of Assembly Bill 2948 (Tanner) which allows for the preparation of a separate hazardous waste document, in lieu of preparing a hazardous waste section within the county solid waste management plan. The County of San Diego, in response to AB 2945, prepared the Plan pursuant to §uidelines set forth by the State Department of Health Services {DOHS), the governing agent to specify procedures for the preparation, revision, adoption, approval and amendment of the Plan. AB 29Q8 prohibits any person from establishing or expanding an off-site facility~ unless the city's or county's legislative body finds that the establishment or expansion is consistent with the county hazardous waste management plan. As stated in AB 29t+8~ "Safe and responsible management of hazardous wastes is one of the most important environmental problems facing the state at the present time. This management is critical to the protection of the public health and the environment and alto to the economic growth of the state. If environmentally sound hazardous waste facilities are not available to effectively manage the hazardous wastes produced by the many industries of the state, the state's economic activity will be hampered and cannot prosper, public health and the environment will be threatened by the increased illegal disposal~ and the use of outmoded disposal practices will continue." The intent of the Plan is to set forth sound planning procedures and policy limitations for the management of hazardous wastes within San Diego's jurisdiction. The work program for the preparation of this EIR involved an evaluation of the County of San Diego's proposed Draft Hazardous Waste Management Plan. The EIR outlines the basic regulatory compliance issues associated with the management of hazarodus waste; evaluates policies, including the siting criteria; and evaluates potential future indirect impacts associated with future facility development. I-! I The Plan is the "project" analyzed under this EIR, and it should be noted that no m specific sites have been identified for possible facilities, and no facilities are proposed as part of this project. Should a hazardous waste project be presented to the Count)' for review, or any of the cities within the County, additional and specific environmental documentation for permitting of such facilities will be necessary, m This EIR has been prepared pursuant to the Caiifornia Environmental Quaiity m Act {CEQA), as amended, as well as the State EIR §uidelines. In accordance with these requirements and guidelines, this EIR focuses on impacts considered m potentially significant in the Initial Study prepared by the County of San Diego (see Appendix A). These include transportation, air quality, risk of upset, m public services, human health, water quality, land use, and economics. B. EXECUTIVE,~,~'^'~ m This section summarizes the Impacts and Mitigation Measures which resulted m from the individual environmental analyses. Also, a summary of the alternatives is provided at the end of the impacts and mitigation summaries. ENVIRONMENTAL ANALYSIS m A. TRANSPORTATION .- m Impacts m o Potentially significant cumulative impacts would result from implementation of Policy IV E (encourages safe disposal of household m hazardous wastes, and creating of local collection centers) because of private autos travelling to and from collection centers, and trucks m travelling from collection centers to treatment and/or disposal sites. o Potentially significant impacts could result from operation of future m treatment facilities by adding new truck trips on area roadways. m o Potentially significant impacts could occur from spills or accidents on ~m transportation routes. I-2 m Miti.~ation Adherence to relevant P[=_n Policies, including Siting Criteria, which promote -?;e s~fe transport of hazardous waste. Projec~ spec:.fic tr=-ffic analysis and risk assessment should be prepared when ~u:'_'re treatment ~scilities are proposed to determine whether existing road'xays =re adequate, :-nd the risk to sensitive receptors along the road'*'s)'s; adherence to recommendations contained in these analyses. The pote;.zia', for spill or accident will remain with any transport of hazardous v,'aste along normal commuter routes. AIR QUALITY Impacts o Beneficial impacts would result from implementation of Plan Policies. o Potentially significant impacts from emissions associated with operation of future facilities. Mitigation o A health risk assessment should be prepared prior to permitting any hazardous waste treatment or disposal facilities. The local Air Pollution Control District and/or Department of .Health Services should prepare guidelines for such risk assessments. . o Adherence to relevant Plan Policies, including Siting Criteria, to protect air qualiW. C. RISK OF UPSET Impacts o Risk of u?se: would generally be reduced with approval of Plan Policies, which ~s a beneficial impact. o. Future fa;ilities inc!uding solvent recovery, oil recyclin§, and incineration would res'lit in potentially significant risk of upset impacts. I-3 MitiKation o Adherence to Plan Policies, including Siting Criteria, to reduce potential risk. o Compliance with engineering standards (including building facilities to I Zone 4 standards), training, maintenance and monitoring programs. c~ Siting facilities away from areas with shallow groundwater; groundwater I should be at least 100 feet deep to minimize contamination in the event oi a spill. D. PUBLIC SERVICE5 Impacts o Beneficial impacts would result from implementation of Plan Policies. I o Potentially significant impacts could occur to public service providers by I creating an additional, presently unquantifiable demand on their services. Mitigation o Adherence to Plan Policies, including Siting Criteria, to insure adequate public service availability. o Prior to permitting future facilities, each service provider should be I contacted to determine service availability' and measures to insure adequate service, l o Emergency response plans would be developed as required by existing regulations. .! E. HUMAN HEALTH Impacts o Implementation oi Plan Policies, including waste minimization programs at l plant sites, and development of neighborhood collection centers, could create potentially significant human health impacts due to the proximity of hazardous wastes to workers or to population. ! I-4 o Potentially significant impacts could result from development of future · facilities from potential release of contaminants into the air or water. ~litigation o Adherence to Plan Policies, including Siting Criteria. Compliance with all relevant Air Pollution Control District requirements prior to permitting facilities. o Prior to incinerating wastes: I) Remove as much as possible of the bulky and unburnable waste from the fuel feed; 2) Reduce concentrations of lead, mercury, cadmium, chromium and zinc from the waste; 3) Reduce quantities of chlorinated plastics in the waste; and 4) Reduce the amount of SO emissions by diverting organic materials. × o ~Vorkers exposed to ash (ash loader operators and truckers) should wear inhalation protection devices. o Compliance with all P. egional V/ater Quality Control Board Requirements. o Use of specific safety design measures when constructing future facilities, including use of liners, leachate collection systems, leak detectors, and groundwater monitoring systems. o Worker safety and training programs for each facility should be reviewed by the County DHS or Hazardous Materials Management Division (HMMD). o Preparation of risk assessments before permitting of new facilities. o Continued monitoring of facilities by. the County HMMD should occur to insure compliance with the Health and Safety Code. I-5 F. WATER QUALITY Impacts o Implementation of the Plan Policies would result in beneficial impacts to water quality due to local administering and monitoring of hazardous waste treatment. o Potentially significant impacts would occur from leakage or spills into the soil and ultimately the groundwater from potential future facilities including solvent recovery, oil recovery, incernation. Also~ potentially significant impacts from possible future cracking of the "stabilized" product from stabilization. Mitigation o Compliance with existing state and federal regulations which require stringent building practices and facility maintenance and upkeep. o Project-specific environmental review and risk assessment should occur prior to permitting any facilities, and recommendations from those reviews should be adhered to. o Facility design measures should include spill berms, pressure release systems, emergency contingency and 'response plans, and release containment vessels. ' o For stabilization facilities, permit only in above ground storage in repositories with the same safety design measures as listed above, or in designated landfills sited in locations where aquifers are deeply situated. G. LAND USE Impacts o Potentially significant land use incompatibility impacts could occur from implementation ol Policy IV-E which encourages safe disposal of household 1-6 hazardous wsstes, :.ncluding convenient disposal centers. Impacts would result if such centers were in close proximity to residences, and if centers were not attended :o be authorized persons. Generally benefici;! impacts from implementation of the remaining Plan Policies. Potentially signifi¢=nt land use incompatibility and land use policy impacts from future construztion and operation of facilities. Mitigation o Adherence to Plan Policies to reduce the generation of hazardous waste. o Project-specific environmental review and risk assessments should occur prior to permitting future ;[acilities~ and recommendations from such studies should be a~-"nered to. o Neighborhood hazardous waste collection centers should be located away from residential areas~ and attended to by an authorized person. H. ECONOMICS Impacts o Potentially significsnt impacts to the goal of household waste minimization could occur if implementation costs are prohibitive. o Costs and benefits of waste minimization would vary on a case-by-case basis, however, the net impact on private industry is anticipated to be positive. Mitigation o Future specific projects or waste minimization programs would require review of economic factors including costs of compliance monitoring and administration. I-7 ~kLTERNATIVES I CEQA requires a discussion of alternatives to the proposed project, including the No Project Alternative. The three alternatives considered in this EIR include: o No Project i o Use of DOHS Siting Criteria o Use of More Restrictive Siting Criteria The Alternatives Analysis concluded that the use of more restrictive siting criteria, which included a combination o! the County criteria, and three of the State DOHS criteria, afforded the maximum environmental protection to the County. In fact, after a preliminary review of this EIR, the County indicated that the Plan would be revised to incorporate the use of more restrictive siting criteria alternative. I ! i I ! I 1 ! 1 Il. PRO3ECT DESCRIPTION A. SU~MARY OF COUNTY HAZARDOUS WASTE MANAGEMENT PLAN In September of 1986 the Governor ol CaJilornia signed Assembly Bill 2945 (Tanner) which specifically addressed "Hazardous Waste, mana§ement plans and fac~ity siting procedures" (see Appendix B). As an amendment to the Government Code and Health and Safe:y Code, AB 2945 authorizes local governments to develop comprehensive hazardous waste management plans, streamlines the per- mitting process for hazardous waste treatment facilities, and prohibits the disposal of untreated hazardous waste in landfills as of May 8, 1990. The purpose of the Hazardous Waste ,'~lanagement Plan (Plan) is .to become the County's central planning tool to provide an overall policy direction toward the safe and effective management of hazardous waste. The plan provides coordina- tion for the entire County. The boundaries of the County and does and communities within the County are illustrated in Figure 2-1. The Plan sets forth specific criteria and acts as a guide lot local decision-makers. The San Diego County Department of Health Services was the Lead Agency in the development of the Plan with assistance from the San Diego Association of Governments (SANDAG). A 31-member advisory committee was appointed by the County Board o! Supervisors to review and 'provide policy direction in the development of the Plan. Committee members inciu;Jed representatives from local government agencies, industry, environmental grouFs~ the military and the public. The County of San Diego, as well as the cities within its }urisdiction, will be responsible for implementing the issues discussed in the Plan. Organization ol Plan The Plan is organized into nine chapters, systematically addressing the issues sequence: II-1 A Z II-2 FIGURE 2-1 Chapter ! - FCxecutive Summary The executive summary is a condensed version of the plan. The summaries and recommendations from each chapter are presented, as well as the critical policy issues and direction that San Diego County will take toward effective hazardous waste management. Chapter II - Introduction This chapter provides an overview of the hazardous waste problem, the purpose and la§al authority of the Plan, an outline of format and content and a description of the process for plan developrnent and adoption. Chapter Ill - General Backj~round Information This chapter describes the history of the hazardous waste problem, general hazardous waste information inciucBng, types, sources and effects; waste mana§ement processes and facilities and the le§islative framework that outlines the regulatory and planning process. Chapter IV - Existin~ Mana)~ement STstem This chapter describes the ex~sting San Diego County, Department of Health Services, Hazardous Materials Managements 'Division's (HMMD) day-to-day activities in the enforcement/regulatory arena, emergency response capa- bilities and various other spec. iai activities. Chapter V - Hazardous Waste Minimization The focus of this chapter is the recognition of the need and potential strategy for source reduction and recycling in the county. It discusses the impact that waste minimization will have on reducing the need for additional facilities. Chapter VI - Current Hazardous Waste Generation and Facilit)' Needs The current volumes and types of hazardous waste generated within the county based on 1986 data are discussed to give a dear picture of the II-3 magnitude of the problem. The current capability of multi-user transfer, storage and disposal facilities (TSDFs) in San Diego County are discussed in this chapter, as xvell as an analysis of the need for additional facilities to manage the current hazardous waste stream. A brief summary of basic treatment methodologies are provide below. Aqueous Treatment/Organics - The removal of hazardous organic constitutents in liquid (primarily water) waste by a comblrmtion of physical, chemical, and biological processes. Aqueous Treatment/Metals Neutralization - The removal of hazardous inorganic constituents in liquid (primarily water) waste by a combination of physical, chemical, and biological processes. Incineration - The destruction of organic waste by exposure to high tern perat ures. Solvent Recover)' - A recovery method involving the collection and treatment ot discarded solvents by collecting condensate from a distillation process for use as a raw material in the manufacture of the same or similar product. Oil Recover)' - A recovery method involving t.he collection and treatment of discarded oil by oil-water separation and collecting condensate from a distillation process for use as a raw material in the manufacture of the same or similar product. Stabilizatio~ - The addition of binding materials to limit the solubility, detoxify, or improve the handling of a waste. Chapter VH = Projected HaTardous Waste Generation and Facilit)' Needs Projected waste generation data using employment and population fore- casting models are presented to give an understanding of possible future need. II-~ Chapter VIII - Sitin~ and Permittin~ of Hazardous Waste Facilities The siting criteria developed by the Advisory Committee are presented here as they apply to the determination of the location of needed facilities. Generalized [and use areas, mappin§ studies and transportation issues are discussed to provide a guide to siting facilities. In addition, an oq, er¥iew of the siting, permitting and appeals process is provided. Chapter IX - Goals1 Polities and Implementation Strategy This chapter lists the goals and policies for hazardous waste management and identifies the necessary components to implement the Plan. These elements are discussed fully to assure that the Plan is a workin§ document. An important part of the strategy for haxardous waste management planning is the reduction of the amount of hazardous waste that needs disposal. The Plan has prioritized hazardous waste management technology (1 is the highest priority) as follows: 1. Waste Reduction Reduce Use of Hazardous Substances o materials substitution o product substitution. 2. Resource Recovery/Recycling .' o on-site recovery/recycling o off-site recover y/recydiing 3. Treatment o on-site treatment o off-site treatment - phys[ cai treatment chemical treatment biological treatment thermal treatment m II-~ Siting Criteria - Siting criteria have been set forth within the Plan to assess the 1 appropriateness of a site or area for a hazardous waste facility. These criteria are designed to reduce the possible environmental or public health risks associated with the development of a facility. The objectives of these criteria are to: o protect the health and safety of the residents of San Diego County m o ensure the slzuctural stability o[ the facility o protect surface water quality m m m o protect groundwater quality o protect environmentally sensitive areas m · o ensure safe transportation of hazardous waste o protect the social and economic development goals of the county m ^ summary of these siting criteria is found in Table I-1 of the Plan and in Table 2- · I of the EIR. Table 2-1 also shows a comparison of the DOHS criteria with the m County's criteria. I Goals and Policies - The Plan also includes a summary o! the overall policy direction for hazardous waste management within the County and proposes implementation strategies to accomplish these policies. The Plan also identifies agencies and funding sources for hazardous waste projects, m m The overall goal of the Hazardous ~/aste Management PLan is: · ' I To establish a system for managing hazardous materials, including wastes, to m protect public health, safety and welfare, consistent with the economic I viability of San Diego County. m The goal seeks to accomplish, through a series of policies and implementation actions contained in the Plan, a focus on the safe management of hazardous waste m · in San Diego. These goals and policies have been grouped into five areas as listed ' below, m Table 2-2 provides a summary ol the policies cgntained in the Plan This table m includes all of the policies in chronological order with explanatory text lollowing m II -~ I TABLE 2-2 i SUMMARY OF PLAN POLICIES IV-A. NEW BUSINESSES GENERATING HATARDOUS ~!/ASTE Ensure t~,at new and proposed businesses using hazardous materials and generating h~-zardous wastes are screened by city and county agencies. ~ IV-B. HAZARDOUS \I'ASTE DATA MANAGEMENT SYSTEM ~ Ensure :hat complete and accurate information is available on hazardous ,x'aste generated, handled, stored, treated, transported and disp~sed of in San Diego County. IV.-C. TECHNICAL ASSISTANCE TO INDUSTRY Ensure that industry is able to assume greater responsibility for hazardous waste management by providing a technical assistance pro- gram encompassing all aspects of hazardous waste management. IY-D. CONTAMINATED HAZARDOUS WASTE SITES Ensure timely and complete cleanup of contaminated hazardous waste sites in San Diego County. IV-E. HOUSEHOLD HAZARDOUS WASTES Encourage reduction of household hazardous waste generation by pro- mot~ng s~fe substitutes and recycling through community education to ail residents of San Diego. Encourage t~e sa~e disposal of household hazardous waste by providing convenient disposal alternatives to ail residents in San Diego. V-A. PROMOTE WASTE .~INIMIZATION Encourage industry to reduce its hazardo, us waste by a countywide goal of 30% within the next five years by promoting waste minimization as the first priority in the hazardous waste management hierarchy. V-B. HA,"ARDOUS WASTE MINIMIZATION OPPORTUNITY ASSESSMENTS Encourage industry to conduct waste minimization opportunity assess- ments to determine their potential for source reduction and recycling. V-C. INCENTIVES FOR WASTE MINIMIZATION Establish a reward program to recognize industries that implement waste minimization successfully. V-D. ANNUAL WASTE MINIMIZATION REPORT Prepare -=n annual report on the progress of waste minimization in the Cot~ty. II-12 TABLE 2-2 SUMMARY OF PLAN POLICIES (Continued) V-E. TIoNFINANCIAL AND TECHNICAL ASSISTANCE FOR WASTE MINIMIZA- Ensure that .~inancial and technical assistance programs are available tot hazardous waste minimization projects. VI-A. HAZARDOUS MATERIALS MANAGEMENT DIVISION AND THE MILITARY Enhance the relationship between the Hazardous Materials Management Division and the region's military in areas of common concern. VII-A. RESIDUAL REPOSITORIES Ensure that adequate facilities are available to dispose of hazardous waste and treatment residuals. VI1-B. FUEL CONTAMINATED SOIL Encourage the application of on-site treatment technologies to soils contamicated from leaking underground stroage tanks. VII-(=. UPDATES OF HAZARDOUS WASTE INFORMATION Provide annual or semi-annual updates of hazardous waste generation irfformation and facility needs. VIII-A. INCINERABLE WASTES Encourage the use of preferred alternate management techniques for specific hazardous wastestreams that. have incineration as the primary treatment technology. VIII-B. FASITINGcILITIEsCRITERJA FOR OFF-SITE HAZARDOUS WASTE TREATMENT Ensure the protection of residents of San Diego County lrom risks associated with off-site hazardous waste treatment facilities. VIII-C. CONDITIONAL USE PERMIT FOR OFF-SITE TREATMENT FACILITIES Ensure that off-site hazardous waste treatment iacilities are subject to complete local review. , VIII-D. CONDITIONAL USE PERMIT FOR ON-SITE TREATMENT FACILITIES Ensure that on-site hazardous waste treatment facilities are subject to full local review· each policy. In~ormadon :egar-'ng the implementation s~rateg?', responsible agency and fiscal ~,mpact/fatdin§ seurce ~ssociated with each policy ~s contained Table ~-2 o~ the Plan w~ch :s repredJced ~ Ap~n~x C. Comprehensive Ha~rdous ~'~e :,~an~ement S~stem To de'/elop s cam~ehensi'/e pro,rAm ~or the s~e m~age- cent ~f ~l ~.~z~us '~astes in San Diego County. Policies: IV-A. Ne~' Bus~ness Generatin~ Ha~rdous W~te IV-B. H~rdo~ ~V~te Data Ma~ement System IV-C. Tec~c~ Asskstance to Industry IV-E. Ho~ehold Ha~rdous W~t~ VI-A. H&I~D and the ~lilLtary 2. Hazardous Waste ~tinimization Goal: To encourage industry to incorporate the proper hierarchy o! ~'~ste management alternatives that wiII reduce the generation a~ hazardous svaste discharged to the environ- Policies: V-A. Promote Waste .%linimization V-B. Hazardous Waste Minimization Opportunity Assessments V-C. Incentives /or ~,'aste Mir, imization V-D. ~7,'asze Xiinimization Report V-E. Financial and Technic~l Assistance (or Waste ~.Iinimization Siting and Permitting of Hazardous '~,'aste Facilities Goal: To a~celera:e the siting and permitting o~ hazardous svaste faci'.]ties in 5an Diego County. II- I'-' Policies: VII-C. Annual Updates on Waste Generation Data m VIII-B. Siting Criteria for Ofi-Site Hazardous Waste Treatement Facilities VIII-C. Conditional Use Permit for Ofi-Site Treatment F aciliti es VIII-D. Conditional use Permit for On-Site Treatement ! F acili ti es ! 0. Targeted Hazardous ~.Vastes Goal: To ensure that an accurate assessment is made of the need i for residuals repositories and incineration facilities, and i that contaminated sites are cleaned-up in a timely manner. Polities: IV-D. Contaminated Hazardous Waste Sites i VII-I). Fuel-Contaminated Soil VIII-A. Incinerable Wastes { 5. Hazardous Waste Management Plan Implementation Goal: To ensure that the San Diego County Hazardous Waste l Management Plan is accurate and up-to-date. Policies: IX-A. Plan Adoption ! IX-B. Public Information a.nd Participation IX-C. Plan Updates IX-D. Funding for Plan Updates i Southern California Hazardous Waste Management Authority I In anticipation of the potential statewide shortage o! hazardous waste disposal I facilities in Southern Calilomia, the State and local elected oflicials initiated a Southern California Hazardous Waste Facility Siting Study in 1981. The goals o, m the study were to ensure the availability of disposal facilities for hazardous waste and to determine alternative methods lot hazardous waste management in the mm Southern California region. Originally, the focus was on identifying new hazardous m waste disposal locations. However, with new federal and 'state policies restricting 11-15 land disposal of certain wastes, the study's emphasis '*'as redirected toward designing an integrated regional system Southern C~i~ornia. T~s system 2Jaced pa~tic~ar emphasis on an~y~n~ the ~tentJ~ ~or ha~do~ w~te treatment tec~o[o~ies and encour~n~ the s~n~ o~ treatment fadJi~es in the region. The study name w~ changed to the Southern C~i~ornia Ha~rdo~ ~te Management Project. San Diego County h~ ~en ac~vely ~nvolved in t~s project since ~ts inception. One im~Ftant outcome o~ the C~i(ornia Ha~rdous w~ the ~o~mation o~ the Southern C~i~or~a Hazardous '~'aste Management Aut~rity (A~rity) in 1985. The Aut~r~ty w~ ~ormed ~der a 3oint Powers Agreement to create a separate ~ty-county policy ~dy to address haz~dous w~te m~agement iss~s witch the Sout~rn C~iiornla region. I~ mem~rs~p exten~ {rom San Diego County to Santa 5~bara County. In ad~on to establls~ng ~d implementing an e~itable ~location o~ needed o{I-s~te ha~rdo~ waste ~adli~es, the Authority serves as a (orum ~or t~e exchange o{ ideas and pro,ems witch t~ regis. Since the ~ssage of AB 29~8 (T~ner, 1986), the Aut~r~ty is res~nslble ~or the ~velo~ent oi the Regional Southern C~i~or~a Haz~r~ W~te Plan. The reg~al ~an will represent an integration o{ ~I ~unty pla~ to e~e comprehens~vene~ and consistency with ~th loc~ and reg[on~ ~rs~c~ves. WitCh t~s re~al planning {ramework, the Aut~rlty is res~nsible ~or coor~na~ng the implementaOon o~ an acoon program to e~ure the development o{ ~ograms ~d t~ sa{e siting o{ {acili~es s~ident to manage ha~r~ w~t~ generated witch Southern C~l~or~a. Under t~s agreement, actu~ sl~ng decisions conUn~ to ~ vested ~n local government. However, the mem~r )uris~c~om ~ve agreed u~n a"{~r share" concept that every dry and county in the regi~ will ~cept res~nsiblllty {or the management o{ ha~r~ w~tes in. an ~ount pro~r~on~ to the hazar~us wastes generated witch the ~ty or county. In determi~ng t~ ~acility needs ol each county, it is recognized that agreements between neigh~ring counCes for shared ~ac~ll~es wo~d ~ worked out. San Diego Cowry recognizes its commitments as a mem~r o{ the Authority. Ha~rdous waste [adli~es propped witch the {ramework o~ the Southern C~i{ornia II-16 Hazardous Waste Management Authority Action Plan based on wastestreams of member jurisdictions ~vill be considered. In order to estimate the need for, and the type of, ne~v facilities, an evaluation was conducted to assess generation patterns and waste management practices in San Diego County. Two data sources were used; 1) the 1986 State Department of Health Services Hazardous Waste Information System and 2) the 198G County Division Surveillance data. The first source of Hazardous Materials Management informa~on incJuded waste manifest documentation (waste characterization, generator location and treatment/disposal methods) for I986. The County's data was compiled based on inspections of hazardous waste generators within their )t~isdiction. An interface of the two systems eliminated the deficiencies of evaluating the two systems indlvidually. B. STATE AND FEDERAL REGULATORY COMPLIANCE The Resource Conservation and Recovery Act of 1976 (RCRA), Subtitle C Managing Hazardous Waste, is the Federal Act which became the catalyst for regulatory agencies to evaluate the status of waste management within their jurisrnction and subsequently realize the need for state specific regulations. RCRA, Subtitle C, establishes a program to manage hazardous wastes from "cradle to grave." The objective of the Subtitle C program, is to assure that hazardous waste is handled in a manner that protects human health and the environment by regulating the generation, transportation, and treatment, storage or disposal of hazardous wastes. Subtitle C has resulted in a comprehensive set of regulations which first identify those solid wastes that are hazardous and then sets require- ments for the three categories of hazardous waste handlers= generators, trans- porters, and owners or operators of treatment, storage and disposal facilities (TSDFs). Subtitle C also sets technical standards for the design and sa:ia operation of TSDFs. The regulations for TSDFs serve as the basis for developing and issuing the permits required for each facility. It is through the permitting process that the Environmental Protection Agency (EPA) or State actually apply the technical standards to facilities. All states have the prerogative to either implement RCRA guidelines within their state or establish a more stringent set of regulations. The primary California regulations are discussed in the Administrative Code, the Government Code and the Health & Salety Code. The various regulatory agencies establish their guidelines ~'rom these statutes (i.e. the Air Resources Board, Waste Management Board~ Waste Resources Control Board, Health Services Department). There are many circumstances under which a treatment~ storage or disposal facility may have to comply with the regulatory requirements of other Environ- mental Acts in addition to those requirements developed under Subtitle C of RCRA. These other Acts and their potential applicability to TSDF facilities include: Clean Air Act Emissions coming from a TSDF, (i.e. incinerator), must meet the perlormance standards set out in this Act. Clean Water Act Any portion of a TSDF that discharges wastes into navigable waters must obtain a National Pollutant Discharge Elimination System permit. In addition, any portion of a TSDF that discharges hazardous wastes in'to a sewer line that leads into a Publicly Owned Treatment Works must comply with' the Clean Water Act's pre- treatment standards. Sale Drinking Water Act The maximum contaminant levels developed under this ACt may be used in groundwater monitoring programs conducted at both interim ~atus and permitting facilities. Toxic Substances Control Act Any RCRA facility that handles hazardous wastes that contain more than 50 parts per million of PCBs is also subject to regulation under this Act. II-18 Hazardous MateriaJs Transportation Act Any transporter of hazardous waste must comply with the regulations under CFR (Code of Federal Regulations) Parts 171-179, as well as those under 40 CFR Part 263. A transporter under SubtitJe C is defined as any person engaged in the off-site transportation of hazardous waste within the United States, if such transportation requires a manifest. A manifest is a document which includes the name and EPA ID number of the §enerator, transporter, and the facility where the waste is to be treated, stored, or disposed of, and a description/quantity of the waste being transported. Generators are then able to ~'ack the movement of hazardous waste from the point of generation to the point of ultimate treatment, storage, or disposal. This deflnition covers transport by air, rail, highway, or water. Transporter re§ulations do not apply to either the on-site transportation of hazardous waste by generators who have their own TSDFs or to TSDFs transporting wastes within a facility. . II-19 KI. ENVIRONMENTAL SETTING The discussion of environmental setting first describes the County's existing setting in the context of hazardous waste generation and treatment, and secondly, generally describes the phFsical setting of the County. ~lore detailed existing environmental conditions are located through Section IV. A. REGIONAL ~'ASTE GENERATION AND TREATMENT In 1986, San Diego Count)' generated 93,100 tons o! hazardous waste that was shipped to off-site facilities for treatment or disposal. The volume is broken down by generalized treatment methodology, the largest industrial generators and geographic distribution {See Chapter VI of the Plan). Using the guidelines presented in the DOHS Technical Reference Manual, California waste codes (waste categories) are grouped into seventeen waste groups. Waste groups are then assigned to one of. the generalized treatment methodologies as identified by the DOHS. A complete description of each generalized treatment methodology {GTM) is provided in Chapter llI.C and Appendix III-A Plan.. This Appendix section from the Plan is reproduced as Appendix D of this document. ~.briei summary of the basi~ treatment technologies and types of waste appropriately managed by each is provided below. Aqueous Treatment/Organics - The removal of hazardous organic constitutents in liquid (primarily water) waste by a combination of physical, chemical, and biological processes. Aqueous Treatment/Metals Neutralization - The removal of hazardous inorganic constituents in liquid (primarily water) waste by a combination of physical, chemical, and biological processes. III-1 Incineration - The destruction of organic waste by exposure to high temperatures. Solvent Recovery - A recovery method involving the collection and treatment of discarded solvents by collecting condensate from a distillation process for use as a raw material in the manufacture of the same or similar product. Oil Recover}' - A recovery method involving the collection and treatment of discarded oil by oil-water separation and collecting condensate from a distillation process for Use as a raw material in the manufacture of the same or similar product. Stabilization - The addition of binding materials to limit the solubility, detoxify) or improve the handling of a waste. Current Waste Management Practices - The 93,100 tons of hazardous waste generated within San Diego County are treated and stored both in and out of San Diego County. Approximately t~8,Yg0 tons, iust over 52%) are treated by local treatment) storage and dispgsal facilities (TSDF). The remaining t~t~,#00 tons, approximately t~7%) are transported to TSDF outside of the County. The majority of aqueous treatment, solvent recovery and oil recovery is handled by local facilities. Incineration) other recycling and stabilization of waste are largely handled at treatment facilities outside of the C. ounty. Of the t~#,V00 tons of hazardous waste shipped out of the County, 38% goes. .to Processado~a in Mexico, 19% goes to the Demenno/Kerdoon recycling center in Compton) California, and 8% goes to Chemical Waste Management in Kings County, California. A portion of San Diego's hazardous wastestream that is treated within the County is managed through on-site treatment processes. On-site treatment systems, whether large or small) are usually constructed to be a part of the overall manufacturing process. In this sense, the treatment process becomes an integral part of the overall manufacturing effort. The remainder of the wastestream is treated or stored for transfer at oil-site facilities located within the County. The locations of the nine facilities for treatment, disposal and storage of hazardous waste in the county are mapped in Figure 4-1. Thirty-two percent of this volume is III-2 managed at the North Island NAS treatment facility, 2296 at Aztec Oii and 21% at Pacific Treatment Corporation. San Diego's treatment, disposal and storage facilities currently provide industry with a total treatment capacity of approximately i22,700 tons per year. The type of treatment methodology and amount of waste treated by these facilities is prowided in Table 3-I. TABLE CURRENT (1956) WASTE TREATMENT AND DISPOSAL CAPACITY Generalized Treatment Methodology Volume in Tons Oil Recovery 9,763 Oil/~l/ater Separation #8,925 Stabilization I0,000 Aqueous treatment (w/metals) 28,560 Solvent Recovery 5,073 Incineration 0 Aqueous Treatment (organic) 19,171 Other recycling $00 Total 122,692 To predict the future need for facilities projections .were made of the amount of waste to be generated and the amount of treatment capacity available. Table 3-2 provides a summary of the projected shortfall and surplus capacity in the year 2000. Several conclusions can be drawn from this analysis. First, it is estimated that San Diego County will experience a shortfall in the Solvent Recovery, Oil Recycling, Incineration, Stabilization and Other Recycling GTMs in the year 2000. At the same time, a surplus will be realized in Aqueous Treatment/Metals, Aqueous Treatment/Organic and Oil/Water Separation. The total treatment surplus will be 107,300 tons per year while there will be a shortfall of 72,t~00 tons per year. In addition to these treatment needs, there will be a capacity shortfall for residuals repositories and designated landfills. III-3 Conversion of these volumes into facility needs is not a straightforward task. Facilities can vary greatly in size, even within a specific GTM. Given the "Typical Treatment Facility Sizes" found in The Problems and Needs for the Management of Hazardous Wastes in Southern California (Southern California Hazardous Waste Management Project, 3anuary 1955}, it appears that there is enough demand to support Oil Recycling and Stabilization treatment facilities and landfill capacity in both.residuals repository and designated landlills. San Diego County will have a need in the remaining three GTMs, but the volume that is projected to be produced in each of these in the year 2000 will be far below that which is necessary to support even the smallest facility. For example, San Diego County will generate 3,360 tons of waste in the year 2000 that would require incineration, a volume which is approximately one-fifth of that necessary for the smallest incineration unit (15,000 tons/year). The final determination of the appropriate number, type and location of treatment and disposal facilities to handle the hazardous waste which will be generated in San Diego County in the future is dependent upon a number of interrelated factors. These include: 1. Implementation and enforcement of the May 8, 1990 landfill ban on untreated hazardous waste. 2. The effectiveness of the source reduction and waste minimization program within San Diego County. 3. The possible increase in the number and capacity of mobile units. The possibility of higher levels of treatment required by State and Federal regulations. 5.A strict change in the technical criteria by which hazardous wastes are defined. 6. Economic factors which would encourage or discourage the siting of new facilities by the private sector and the use of these facilities by industry. 7. The continued existence of existing treatment and disposal facilities both inside and outside of San Diego County. This can be dependent on the compliance of these facilities with State and Federal statutes, economic factors and political issues. 111-5 TABLE 3-2 HAZARDOUS WASTE MANAGEMENT PLAN WASTE PRO3ECTION DATA - YEAR 2000 PRO3ECTED CAPACITY SHORTFALL]SURPLUS BY GENERALIZED TREATMENT METHODOLOGIES Generalized Projected Residuals Projected Projected Projected Proiected Treatment' Needs Residual Treatment Capacity Capacity Method Assessment Multiplier Estimate Capacity Shortlall Surplus (Tons) (Tons) (Tons) (Tons) (Tons) Aqueous 10,333 .50 5,167 81,737 71,004 Treatment \V/Metals Aqueous 2,479 .10 248 19,175 16,969 Treatment Organic Solvent 7,556 .20 1,511 5,500 2,056 Recovery Oil 35,795 .20 7,159 9,763 36,032 Recycling Oil/Water 22,177 .05 1,109 tM,t~25 19,24. Separation Incineration 3,730 .10 373 370 3,360 Other %459 1.2 1,4t~4' g0O 3,659 Recycling - ' Stabilization 07,367 1.2 8,Q-36 lO,OgO 37,287 133,896 168,850 72,394 107,3#8 · Residuals 25,0,47 25,tt.t~7 0 25,t~47 Repository Designated 22,305 0 22,305 Landlill 4 07,752 0 Q-7,752 0 TOTAL 181,648 25,447 168,850 120,101 107,308 III-6 8. Political factors which may affect the siting of all types of hazardous waste facil ities. 9. Efforts at the Southern California level to implement an equitable "fair share" facility allocation to site the number and type of facilities required for the region as a whole, rather than the siting of each type of facilitywithin -each county. B. PHYSICAL SETTING San Diego County is the southwesternmost county in the continental United States. It is bordered by Orange and Riverside Counties to the north, Imperial County to the east, Mexico to the south, and the Pacific Ocean to the west. The County ranges roughly 70 miles from east to west and 60 miles from north to south. Elevations range from sea level to 6,533 feet. Geology - Physically, the County is characterized by a variety of land formations, generally existing in bands paralleling the coast line. The County has three principal geologic provinces: the Coastal Plain, the Peninsular Ranges, and the Salton Trough. The Coastal Plain extends from the Pacific Ocean to the western edge of the Peninsular Ranges to the east and is characterized by relatively flat plains rising up to dissected, mesa-like terraces which graduate into rolling hills. This area is underlain by sedimentary rocks composed primarily of sandstone, shale, and conglomerate beds. ' The Peninsular Ranges are generally the mountainous areas of the County and extend into the Los Angeles Basin area to the north and form the peninsula area of Baja California to the south. To the east the province ends abruptly along a series of faults. This area is characterized by the presence of crystalline batholithic rocks. The Salton Trough occupies the remainder of the County. This area is generally . lower than the Peninsular Ranges to the west and is relatively flat. This desert area consists of wide valleys which experience deposition of sediments carried from drainages originating from the higher areas to the west. These valleys are III-7 separated by low irregular hills and mountains of multicolored beds of sandstone, shale, and conglomerate. San Diego County lies within a zone of high earthquake activity. A number of active and potentialiy active faults line the area, generally trending north and south. The eastern Count), areas have experienced the most earthquake activity. Portions of the San Andreas, San 3acinto, Imperial, and ~lsinore faults are located in this area. Other areas of the County, however, also contain faults: the Rose Canyon fault (active) runs along the east side of .~lission Bay north to La ~Jolla Cove. The Sweetwater and La Nacion faults are located about 5 miles inland and run parallel to the Rose Canyon fault. Extensive faultin§ occurs off-shore, particularly alon§ the San Clemente fault, which is located t+0 miles west of La 3olla. Landslides occur along the coast and in many locations throughout the County and can result in significant property and building damage. There are three types of landslides: block falls, which happen primarily in coastal bluf~ areas; slumps; and block slides. Landslides generally occur in sedimentary rocks such as sandstone, siltstone~ mudstone, and claystone. These rocks often turn to clay when exposed to the erosive actions of air and water. If these clays become too heavy or water- logged, they can slide down a slope. Several factors can contribute to an unstable slope with potential landslide capabilities: I) grading operations which remove ~naterial from the bottom of the slope, thus increasing the angle of the slope~ 2) rai~ing the height of the slope above the previous level; 3) saturating the slope with water from septic tank, gutter runoff or diverted drainage from another part of the slope; and A,) adding fill to the top of the slope, thereby creating additional weight. Hydrolo)~y - San Diego County has a generally semi-arid climate with relatively small amounts of precipitation. Run-off from the infrequent rain and even more infrequent snow tends to run toward the west where it eventually flows into the Pacific Ocean. Most of the streams in the area are intermittent and carry greater volumes during the colder months when Southern CaLifornia experiences the greatest amount of rainfall. III-$ A number of man-made reservoirs --re located within the County. These reservoirs act not only as holding tanks for future water supplies, they also help control downstream flooding, which can be significant in times of heavy rainfail. Indiscriminate construc:ion and poor construc:ion practices can contribute to flooding damage. Climate - The regional climate of San Diego County is controlled by a number of factors including a sem~.-permanent Pacific high pressure cell, the oc'ean's cold water, the California current, local terrain features, and the desert area to the east. The combined effect of these meteorologic and oceanographic systems is a tempering of local weather, such that, for the coastal areas of the County, extremes of wind temperature and precipitation are rare. This is contrasted by the desert regions which can experience extreme high temperatures and low annual precipitation totals. Rainfall is approximately 10 - 15 inches in the coastal plain, 20 - 25 inches in the mountains (although some isolated areas experience as much as 35 inches), and less than ~ inches in the desert region. Snow occasionally falls in the mountains during the winter season. Temperatures in the region are usually very mild. Generally, the greater the distance inland, the greater the daily and annual temperature ranges. The coastal area experiences a very slight temperature range throughout the year; the summer temperatures are in the upper 60's to low 70's and winter temperatures are in the upper 50's to low 60's. Summer temperatures odcasionally reach ?0°, but rarely does the temperature go below 32°. ' Inland areas experience a larger diversity of temperature ranges due to their relative distance from the temperin§ effect of the ocean. The mean annual temperature in the mountain area is 5#° to 58° with a mean maximum temperature in 3uly to 85° to 95° and a mean minimum temperature in 3anuary of 28° to 36°. The desert region experiences a range of annual temperatures with temperatures getting cold in the winter and very hot in the summer. The mean maximum temperature in 3uly is between 100° and 105° and the mean minimum in 3anuary is 36°. Temperatures can go below freezing, particularly between December I and March i. II1-9 Biology - The vegetation and wiidiife found in San Diego County varies throughout the area depending upon elevation and climate. As discussed prevJousiy, the County contains several different climatic regions. There is a direct correlation between each of these regions and the vegetation and wildlife species to be found in a specific vicinity. The County can be divided into four specific "climatic life zones". These are the Upper Sonoran zone, the Boreal zone, a Transition zone, and the Lower Sonoran zone. The Upper Sonoarn zone (sea level to approximately 5,000 feet) is located in the western mesas, valleys, and lower mountain areas. Plant life associated with this area includes coastal scrub and chaparral. Riparian communities can be found along river and stream valleys. Foothill oak woodlands are also prevalent. Animal species associated with the area include a variety of mammals (skunks, opposums, squirrels, mule deer, etc.); abundant bird species (including raptors)l and reptiles, including lizards and snakes. Much ol this area has been disturbed by agricultural or urban activities. The Boreal zone is located in the mountainous areas ol the County in elevations of between 5,000 and 7,000 feet. This area averages between 20 and 25 inches of rainlall annually, thereby encouraging a more prolific vegetation cover. Common plants associated with this zone include pines, cedars, dediduous oaks, and mountain meadow communities of willows, annuals, and grasses. Among the animal spedes found in the area are mammals such as mule. deer, squirrels, chipmonks, and foxes. Birds are among the more colorful species in..the life zone and include woodpeckers, finches, and bluebirds. On the desert slopes, or rainshadow side, of the higher mountains is found the Transition Life zone. This zone is characterized by pinon-juniper woodland. Dominant plan spedies include common desert species such as cholla and yucca. Mammal species inhabiting the area include coyote, jack rabbit, and squirrels. Birds include wrens, warblers, and vireo. The final life zone encountered in the County is the Lower Sonoran Life zone. The zone covers the eastern desert area where rainfall is very slight. The climate only supports sturdy, drought-tolerant vegetation with extended root systems. Characteristic plants [nclude barrel cactus, ocotillo, cholla, and yucca. Mammals include coyote, kit fox, jack rabbit, and prairie dog. Reptiles are abundant in 'the dunes and wash areas and include desert iguana, desert tortoise, snakes and smaller lizards, girds commonly seen in the area are the ro~-d runner and the common raven. L lll-I 1 IV. ENVIRONMENTAL ANALYSIS A. TRANSPORTATION 1. Existing Conditions Exis,ting Regulations - The transportation of hazardous waste is regulated by Federal, State and local agencies. Legislation, enacted at the Federal level, mandated the U.S. Environmental Protection Agency (EPA) and the U.S. Depart- ment of Transportation (DOT) to establish regulations for the handling and transportation of hazardous wastes. The DOT establishes and enforces regulations regarding the safe transportation of hazardous materials. The Table of Hazardous Materials, established by DOT, is used by California agencies as a guideline for hazardous waste transport regulations. The EPA has developed a classification system for hazardous wastes. Together, the Federal regulations enacted by these agencies define and categorize hazardous wastes, establish a uniform manifest system and a uniform marking system on the transports, and mandates specific responsibilities to each state. State and local laws and regulations on transport of hazardous wastes assign specific duties and responsibilities to the producers, transporters~ and receivers of hazardous waste materials. These regulations also define responsibilities of certain agencies for the regulation and monitoring of hazardous waste transport and for the emergency response to hazardous waste spills.- The State Department of Health Services (DOHS} is in charge of tracking hazardous waste through the State via the adoption of the Federal manifest system. The DOHS requires anyone engaging in the transportation of hazardous waste to have a valid registration with DOHS. The California Highway Patrol (CliP) inspects each vehicle for compliance with the California Vehicle Code on an annual basis. The CHP is also responsible for determining whether the construction, design, equipment and safety features of the vehicles are in compliance with the standards established by the DOHS for the safe transportation of hazardous wastes. Regulations regarding routing of vehicles transporting hazardous waste attempt to reduce the potential exposure of individuals and property to accidental spillage of IV-I these wastes. The Federal regulations that address routing are stated in very general terms. Unless there is no practical alternative, a vehicle containing hazardous materials must be operated over routes which do not go through or near heavily populated areas, places where crowds assemble, tunnels, narrow streets, or alleys. These reguiations provide no further definition. The State regulations in regard to the transportation of hazardous waste materials specifiy that transportation shall be on State or interstate highways which offer the least overall transit time and that the vehicles engaged in such tranpsortation may use highways which provide necessary access to local pickup or delivery points, consistent with safe vehicle operation. The California Vehicle Code provides the California Highway Patrol with authority to determine routing requirements, safe stopping places and inspection stops for the transportation of hazardous wastes. Current Setting - In 1986, San Diego County generated 93,100 tons of hazardous waste. Of this amount, ##,400 tons were shipped out of the County with 3g% going to Mexico, 19% going to an oil-solvent iacility in Compton, California and 8% going to a treatment/disposal facility in Kings County. The hazardous waste ~hat remained in the County was treated at the nine existing multi-user treatment, storage and disposal facilities (TSDF). Figure 4-I illustrates the location of these facilities and their proximity to the County's highways. Hazardous waste is generally transported through San Di.ego County by trucks using the main interstate and state highways in the County (see Figure 4-1). The hazardous waste that is treated at County TSDF is collected and transported to the facilities by trucks using the ma]or freeways and arterials in accordance with Federal regulations. With §§% of San Diego County's hazardous waste being produced in the Central City Area and 30% being produced in the North City Area, Interstate 5 is the major route used in transporting these hazardous wastes. The hazardous waste that is exported north to King's County and Compton) California is trucked primarily by way of Interstate 5. Interstate 15 is used as an alternate route in order to avoid Los Angeles traffic and congestion. Interstate 5 is the primary route for transport to Mexico. Interstate 5, Interstate 15 and the IV-2 EXISTING OFF-SITE FACILITIES EXISTING OFF-SITE HAZARDOUS WASTE TI~EATMENT & STORAGE FACILITIES 1. Apioropriate Technologies Chula Vista 2. ~te¢ Oil San Diego 5. Nel¢o Oil ~.~ SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS ~/~ IV-3 FIGURE 4-1 other interstate and state highways that are used for hazardous waste transport are m also used by commuters. An alternative to using the highways to transport hazardous waste is the use of rail. Using rail to transport waste out of the county is available. However, this mode of transportation is rarely used. m A review of County records and conversation with staff of the Hazardous Waste m Division of the County's Department of Health Services revealed that three accidents occurred in 1987 which involved hazardous waste transporters. Durin§ m the first half of 198l~ (3anuary-3uly), three accidents involving hazardous waste transporters have occurred. [ The present system of using freeways for trucks to transport hazardous waste is considered adequate. However, the use of smaller, local streets by the trans- m porters to reach the treatment iaciliites is potentially hazardous. One example is m the Pacific Treatment Facility which is located in the Barrio Logan residential m area of San Diego. This facility has the capacity to handle a large quantity (38%) of the County's hazardous waste, which must be transported via the local residential streets. 2. Impacts m a. Policies and Implementation Strategies - This section analyzes the potential m impacts which could occur to the transportation of hazardous waste with adoption m of the policies and implementation strategies of the Plan. Policies contained in m the Plan that would create impacts to transportation are discussed below. ! Policy IV-E: Household Hazardous Waste - Implementation of this policy would encourage safe disposal of household hazardous wastes as well as provide con- m venient disposal sites to all residents in San Diego County. The implementation of · , this policy would increase the amount of hazardous waste transport on roads, since · much of the waste previously poured down sewers or disposed of in the garbage m would enter the legal waste handling system and would need to be transported to m waste treatment and disposal facilities, m m Policy V-A: Promote Waste Minimization - Successful implementation of this policy would result in the generation of less hazardous waste and a decrease in the need for transportation to treatment and disposal facilities. With a decrease in transportation across major interstate and state highways, the potential for accidents would be reduced. This is regarded as a potentially beneficial impact. Policy VII-B - Fuel-Contaminated Soil - Implementation of this policy, which encourages the application of safe and effective on-site treatment technologies, would reduce the amount of contaminated soil which must be transported to off- site disposal' areas. The reduction of shipping would consequently result in a reduction in accident potential. Policy VIII-A: Siting Criteria for Off-site Hazardous Waste Treatment Facilities - The criteria for siting waste treatment facilities contained in the Plan, includes the objective of minimizing travel distance to lessen transportation impacts and costs, minimizing the amount of truck traffic on minor roads, routing transport trucks away from homes, hospitals, schools, and other sensitive receptors, and decreasing the.highway accident rate by using routes with low accident rates. These criteria Would contribute toward the safe transport of hazardous waste, but project-specific review would be required to assure acceptable safety. Polic¥ VIII-C - Conditional Use Permit for Off-Site Treatment Facilities - The requirements of Conditional Use Permit {CUP) processing would ensure that off- site hazardous waste treatment facilities are subject to complete local review. A condition of the CUP could be a limit on truck trips, which would reduce the potential for tralfic accidents. b. Potential Future Facilities - Potential impacts oi future treatment facilities are similar for all types of waste treatment facilities because the primary mode of transportation is the highway. Typical traffic volumes due to trucks transporting waste are broken down by type of facility and are shown below: 1. Transfer and Storage Facility: A typical transfer station generates between 1~,000 to 40,000 tons of hazardous waste which could result in weekly incoming traflic ranging from 6 to 75 or more trucks. IV-5 2. Treatment (aqueous) - A large facility can treat 200,000 tons or more of ~ ~m liquid wastes annually and would require 1~5 tanker trucks every wee)<. Smaller ~treatrnent facilities would have commensurately lower traffic volumes, m 3. Recycling facilities - Recycling facilities are roughly equivalent to typical · waste transfer and storage facilities with respect to the amount of waste · they handle and the truck traffic they create, m m ~. Solidification and Stabilization - transportation requirements would vary as a m function of the quantities of waste actually being handled, m 5. Incineration - A r~-~:'"~ small sized incinerator might destroy _15,000 tons of m m hazardous waste per year, necessitating perhaps only-~ fifteen truck loads of hazardous waste per week. A large incinerator could handle as much as m 100,000 tons annually, which translates to 90 to 100 trucks per week. · 3. Analysis of Significance ~ Implementation of Policy IV-F, which encourages safe disposal of household m hazardous wastes, would create an increase in the ~mount of hazardous waste traffic that currently exists. This increase has the potential of affecting the m existing traffic volumes on the street system. Private autos traveling between m home and collection sites and trucks traveling from collection sites to appropriate · disposal areas would be the cause of this increase in traffic. The amount of · increase would be minor, or incremental, on a case-by-case basis, but potentially · significan~ on a regional basis. Implementation of other Plan policies would not m result in si~niflcant impacts, m · Future treatment facilities also have the potential of creating significant traffic ' impacts. Any new facility would add additional trucks to roadways near the sites, m The extent to which a new facility would impact the area near the site would be mm determined by an analysis of the capacity for additional traffic at the chosen site m and the density of residential dwellings around the site. iv.6 m Spills or accidents on transportation routes would create potentially significant impacts to other route users as well as to surrounding residential areas. Any hazardous waste transport, regardless of where it is transported, has the potential for an accident or spill to occur. Mitigation Mitigation measures for potentially significant impacts from spills or accidents, or from improper facility siting of any of the future potential treatment facilities are inherent in the policies contained in the Plan. However, in addition to the stipulations gi,~en in the siting criteria of Policy VIII-A, which includes the promotion of safe transport of hazardous waste, an analysis should be made at the proposed site to determine if the surrounding roadways have the capacity to handle the increase in tralfic and type of potentially hazardous traffic the facility would generate. Proiect~specilic risk assessment and environmental reivew would accomplish this specifc and detailed analysis at the critical time when a facility is p~oposed.. 5. Residual Impacts Residual impacts are those potential impacts which remain after mitigation has been applied. The potential for accident or s[~ill will always remain with any transport of hazardous waste along normal commuter routes such as I-5. Waste minimization techniques and adherence to use of designated routes reduce this potential, but with luture development of any of the facility types~ an increase in the potential for significant impacts would occur. IV -7 B. AIR QUALITY I. ~xisting Conditions Regional Climatolog.v - The project area is defined by the geopolitical boundaries of the County of San Diego located in the southwest corner of Southern California. The .regional climate is control!ed almost entirely by the semi-permanent Pacific high pressure cell, the cold water, California current and local terrain features. The combined effect of these meteorologic and oceanographic systems is a tempering of local weather, such that, for the coastal areas of the County, extremes of wind temperature and precipitation are rare. This is contrasted by the desert regions which can experience extreme high temperatures and low annual precipitation totals. Within the coastal zone of San Diego County, summers are generally cool with temperatures in the upper 60's to low 70's, and winters tend to be mild with a range of upper 50's to low 60's. Since measurements began in 1871, temperatures at or below 32°I: have only been recorded eleven times. In contrast, temperatures above 90°F occur almost every year. Extreme high temperatures are usually the result of high pressure systems over the Great Basin and a corresponding Iow pressure system in Mexico. When these systems coincide the result is a strong easterly flow off the desert. This easterly flow, commonly referred to as a Santa Ana wind, is a.hot, dry desert wind which occurs primarily in the fall and early winter. Also typical of these winds is low humidity. Extreme low humidity and high temperature which occur just prior to the winter rainy season, produce a severe fire hazard during late summer and fall. The precipitation totals for the San Diego area are considerably less than much of California. The average annual precipitation at Lindbergh Field ranges between 9 and 10 inches. The normal precipitation for the last four climatic periods beginning with the 1921-1950 period have shown a steady decrease as shown in Table q-l. This trend toward lower average rainlall appears to agree with other recent investigations that have indicated that the County is entering a climatic dr}, period. IV-8 TABLE ~;-i SAN DIEGO ANNUAL NORMAL PRECIPITATION FOR. VARIOUS CLIMATIC PERIODS · (NOAA 1950, 1954, 1973, 1975, 1955) Climatic period Normal Precipitation (inches) 1911 - 1940 i0.30 1921 - 1950 i0.$6 1931 - 1960 10d;0 1941 - 1970 9.~5 1951 - 1980 9.32 Snowfall has only been observed twice at the Weather Service office, first in 3anuary i949 and again in December 1967; however, in neither case did it remain longer than a few minutes. The region receives a relatively high degree of sunshine for a coastal location subject to the effects of marine layer stratus condition. Heavy fog occurs on the average of 27 days per year with the highest occurrence between November and April. Low clouds, which are also a result of the marine layer which produces the heavy fog, appear regularly. These clouds usually drift onshore during late afternoon and evening and remain through the night, but typically dissipate during the morning hours due to solar heating. Excluding the Santa Ann winds, strong winds or gales are uncommon. Wind speeds in e~cess of 30 mph occur less than once per year on the average. Air Pollution Meteorolol~y - The regional and local air quality of San Diego is controlled primarily by three natural factors, or combinations thereof: (1) terrain, (2) a dominant onshore flow and (3) inversions. The first of these factors, terrain, is static but plays a significant role by placing a natural barrier to dispersion (the mountains located in the east county) east of the major metropolitan area. The onshore flow of air provides the driving mechanism for both air pollution transport and dispersion. Air pollution, which largely has its origins in the areas along the coast and immediately inland, is driven toward the mountains by the dominant onshore flow (second factor) and can result in severely limited horizontal dispersion. The effect of this is seen as a gradual degradation of air quality from 1V -9 coastal areas inland. The greatest impact can be seen in the foothills east of ] metropolitan San Diego. The third factor, inversions, limits the dispersion of air pollutants on a vertical J scale. Inversions can be classified as being in one of two general groups : (1) inversions aloft or (2) surface based inversions. These two groups are the result of different meteorologic conditions and tend to affect different sources. i Inversions aloft are probably the most critical factor in the degradation of regional air quality. This condition is created when the onshore flow of cool, marine air I undercuts a large dome of warm, sinking air within the oceanic nigh pressure area. The boundary between the cool air near the surface and warm air aloft is called the I base of the inversion. This refers to the reversal of the standard air temperature profile where temperature decreases with an increase in altitude. In the case of an inversion, the temperature increases with an increase in altitude. The inversion layer, the warmer air, is characteristically very stable and acts as a cap to the vertical dispersion of pollutants. As air moves inland, sources add pollution from ! below without any dilution from above. The boundary between surface of the earth and the inversion is a zone where pollutants become concentrated. Surface based inversions are si§niflcantly different as they may not affect the m emissions of elevated sources. Surface based inversions form when cool air drifts into lower vaUeys at night and pools on the valley'floor. The base of the inversion, m or the point where the temperature of the air begins tS increase with an increase in altitude, is at the surface. This is the distinction between surface based inversions and inversions aloft. These radiation inversions are strongest in winter when nights ! are longest and air is coldest. Emissions from sources such as automobiles are in a shallow surface layer which may result in isolated areas of m effectively trapped poor air quality. m Surface based inversions generally occur at night and, while it may result in 1 isolated hot spots, they are not as important as inversions aloft when overall regional air quality is concerned. Inversions aloft tend to occur during the day and act much like a lid on a kettle. ~Yhen combined with the prevailing onshore flow of San Diego and the terrain barrier east of the metropolitan area, the result is ! IV-lO occasional unhealthful air quality in the foothills and inland areas such as E1 Cajon and Alpine. This is especially true for photochemical pollutants such as ozone. Ozone is created by a reaction oi hydrocarbons, nitrogen oxides and sunlight. During periods of inversions alolt, vertical dispersion is limited, which tends to increase the ambient concentration of the two pollutants and allow the sun time to carry out the complex reactions required to produce ozone. Exis~in~ Air Quality - One set oi criteria that can be used to determine the signilicance of air quality impacts generated by a proposed action are the State and Federal ambient air quality standards (AAQS). These standards deiine the level of air quality capable of protecting the public health and weliare with an adequate margin of safety. The AAQS were developed to protect those portions of the population most susceptible to respiratory distress. Classified as sensitive receptors, this group includes 'persons with asthma or other respiratory disorders, the elderly, very young children and hospital patients. Normally, healthy adults can tolerate periodic exposure to air pollution in concentrations well above the standards. However, even this segment o~ the population has shown signs of deteriorating health under long term exposure to air pollution at or above the standards. The Federal standards were established in 1971 by the Environmental Protection A~ency (EPA). The EPA allows states to adopt ttandards of their own as long as they are at least as stringent as those issued at the Federal level. California, due to the complexity of its air quality problem adopted AAQS prior to the Federal government. The current standards used by both the state of California and the Federal government are listed in Tables 4-2 and 4.3. Baseline Air Quality - As a rule, the air quality of the San Diego Air Basin is good, as can be seen from the County air qUality summary presented on Table ~-~. However, the region remains classified as non-attainment for ozone, carbon monoxide and particulates. It should be noted that the San Diego Air Pollution Control District (SDAPCD) data indicate that the carbon monoxide standard has been met and should be maintained through the year 2000, based on current growth IV-I 1 TABLE CALIFORNIA AMBIENT AIR QUALITY STANDARDS Air Pollutant Concentration District Method Ozone 0.10 ppm, 1-hr avg. Ultraviolet Photometry (Oxidant) Carbon Monoxide 9 ppm, 8-hr. avg. Non-dispersive Infra- 20 ppm, 1-hr. avg. red Spectroscopy Nitrogen Dioxide 0.25 ppm, 1-hr. avg. Gas Phase Chemilumin- escence Sulfur Dioxide 0.05 ppm, 24-hr. avg. with Ultraviolet Fluorescence 0.25 ppm, 1-hr. avg. Suspended Patti- 50 ug/m~, 24-hr. sample Size Selective Inlet culate Matter 30 ug/m~, annual geometric High Volume Sampler (PMIO) mean Total Suspended 60 ug?m3 annual geometric High Volume. Sampling Particulates mean (TSP) 100 ug/m3, 24-hr. avg. Sulfates 25 ug/m3, 24-hr. avg. TurbidimetriCgBarium Sulfate Lead 1.5 ug/m3, 30-day avg., Atomic Absorption Hydrogen 0.03 ppm, 1-hr. avg. Cadmium Hydroxide Sulfide STRactan Vinyl Chloride 0.010 ppm, 24-hr. avg. Gas Chromatography Visibility In sufficient amount Reducing to reduce the prevail- Particulates ing visibility to less than 10 miles at rela- tive humidity less than 70%. IV-12 TABLE ~-3 NATIONAL AMBIENT AIR QUALITY STANDARDS (All Concentrations in ug/rn3 Unless Otherwise Noted) Pollutant(a) Averaging Time(b) Primary Standard Secondary Standard Nitogen Dioxide Annual Average 100 (O.05ppm) Sulfur Dioxide Annual Arithmetic Mean 80 (O.03ppm) -- 24-hour 365 (0.14ppm) -- 3-hour -- 1,300 {0.5ppm} Particulate Matter Annual Geometric Mean 75 60 24-hour 260 150 g ppm Carbon Monoxide 8-hour {10 milligrams/m~) 35 ppm 1-hour (40 milligrams/m°} Ozone 1-hour 0.12 ppm (235) Lead Maximum Arithmetic 1.5 Mean averaged over a calendar quarter . (a) The standard for hydrocarbons was deleted in January 1983 {48 FR 628, January 5, 1983). (b) For all averaging times except for annual means, the concentrations may be exceeded once per year. (c) Concentration expressed first in units in which it was promulgated. Equivalent units given in parenthisis. IV-13 TABLE 4-0 SAN DIEGO COUNTY AIR QUALITY MONITORING SUMMARY - 1952-1996 (Days Standards were Exceeded and Maximum Concentrations ior Periods Shown) Po}lutant/Standard t986 1985 1984 1983 1982 Ozone 1-HR 0.10 ppm 131 148 146 ND 120 1-HR 0.12 ppm 42 50 51 ND 47 1-HR 0.20 ppm 0 4 4 4 4 Max. 1-HR Conc. (ppm) 0.19 0.22 0.28 0.28 0.23 Carbon Monoxide 1-HR 20 ppm 0 0 0 0 0 8-HR 9 ppm 1 2 0 1 1 Max. I-HR Conc. (ppm) 16.0 17.0 16.0 16.0 15.0 Max. 8-HR Conc. (ppm) 10.40 13.00 8.50 12.10 10.30 Nitroqen Dioxide 1-HR 0.25 ppm 0 0 0 0 0 Max. 1-HR Conc. (ppm) 0.22 0.21 0.23 0.20 0.20 Sulfur Dioxide 1-HR 0.50 0 0 0 0 0 24-HR 0.05 ppm 0 0 0 0 0 Max. 1-HR Conc. (ppm) 0.06 0.08 0.09 0.07 0.13 Max. 24-HR Conc. (ppm) 0.027 0.023 0.038 0.021 0.039 Susoended Particulates 24-HR 100 ug/m~ 15/88 20/84 13/92 8/77 15/90 24-HR 260 ug/m~ o 0/88 0/84 0/92 0/77 0/90 Max. 24-Hr (ug/m~) 214 176 164 150 171 Particulate Lead _ 1-MO 1.5 ug/m~ 3-MO 1.5 ug/mj ~ Max. 1-MO (ug/m~) Max. 3-MO (ug/m°) o 0/71 0/59 0/76 1/69 0/69 Hax. 24-HR (ug/m~) 17.6 18.1 18.0 25.8 16.9 * DATA PRESENTED ARE VALID, BUT INCOMPLETE IN THAT AN INSUFFICIENT NUMBER OF VALID DATA POINTS WERE COLLECTED TO MEET EPA AND/OR ARB CRITERIA FOR REPRESENTATIVENESS. Source: CARB 1983-1987. IV-10 projections. The redeslgnation of carbon monoxide from non-attainment to attainment has not been officially computed, but is currently in process. Data on lead concentrations is not reported on a County-wide basis and therefore no Count), summary is presented. Three stations monitor lead levels including ones at El Cajon, San Diego Island Avenue, and Overland Avenue. The data for each of the County's monitoring stations is presented in Appendix D. The primary air quality problem within the basin is high ozone leveis in foothill communities downwind of urbanized areas of the basin. Occasional periods of very unhealthful air quality occur in the North County during intrusions of polluted air from the Los Angeles basin. Air Pollution Sources - The predominant sources of air emissions in the County include motor vehicles (i.e., cars, trucks, marine vessels and aircraft) and industry. Motor vehicles contribute primarily carbon monoxide (CO), nitrogen oxide (NOx) and hydrocarbons, generated from the combustion of fuels. Local industries on the other hand contribute primarily particulates, NOx and hydrocarbons. Indus~ria~ or any other stationary source emissions fall under the jurisdiction of the SDAPCD and therefore, must comply with District rules. Part of these rules require that an emission source obtain permits to contruct and operate prior to emitting any contaminant to the atmosphere. These permits can only be obtained after the District has conducted a review of the source's potential to emit, and have established control measures which limit and/or offset the operation's emission increases. Motor vehicles on the other hand are subject to the rules of the California Air Resources Board and are not as easily controlled. Even though the state has ultimate authority over motor vehicles, the SDAPCD has instituted a vehicle inspection and maintenance program (March 198~) to help reduce vehicular emissions due to inadequate maintenance. IV-15 2. impacts I This review has been divided into two sections addressing the probable effects of (a) ~he specific policies identified in the Plan and (b) conceptual projects that may j be developed to process and dispose of hazardous materials generated in the are available on any of the. potential I County. As no specific design parameters proje, cts, this review was conducted on a qualitative basis. Further environmental review would be required prior to the development of any specific project, i The first area of analysis presented below is focused on the potential effects of the poiicies presented in Chapter IX - Goals, Policies and Implementation Strategy of i the Plan. This chapter contains 23 policies addressing issues from waste minimi- zation to development of annual waste reports. The analysis performed on these ! policies is intended to identify those areas related to air quality which may be impacted if a particular measure is implemented. Each relevant policy contained i in the Plan is presented and its potential effect discussed. Subsequent to the policy review is an analysis of six types of facilities which could i be developed, in the future, to process hazardous waste generated within the County. For each facility type, the basic operational characteristics are described and the areas of air quality concern identified. Due to the lack of specific design I parameters, this analysis has been conducted on a conceptual basis. No quantifi- cation of project emissions, either controlled or uncontrolled, has been attempted. The section attempts to identify those areas for'which a project may result in I potentially si§niiicant adverse impacts in order to focu6 subsequent environmental and permitting reviews. 1 a. Policies and Implementation Stratel~ies - As stated earlier, the Plan identifies ! 23 specific policies which, if implemented, would not only reduce the total volurne of hazardous material generated within the County, but further, will allow the coordination ol the activities to the various agencies which have regulatory authority for such projects. The general impacts that some of the policies may have on regional air quality are reviewed in the discussion presented below. I IV-16 Policy IV-A: New Businesses Generatin~ Hazardous Waste - the provision for a screening review of new bus!nesses by all City and County regulatory agencies could potentially result in th.e lowering of the total basin emissions :[or a wide range of pollutants. This car. be ac,Nieved by including the Air Pollution Control District on the review panel. Having the latest information on available control technologies, the District car, provide considerable guidance to a business. By prov~lding this informatian ~ potential new developments at the planning stage more effective control of emissions can be designed into process streams. This is considered a beneficial impacT. Policy IV-B: Hazardous \V~te Data Management System and Policy VII-C: Updates on Hazardous ~Vaste Information - These policies would not have a significant direct impact on the regional air quality as they do not act to control, nor generate any specific pollutant or pollutant source. However, the accurate documentation of the volumes of waste generated and their ultimate fate can be incorporated into air quality management planning resulting in an indirect benefi- cA al im pact. A prime factor which limits the effectiveneses of an air quality planning document is the data on which it is based. The impact to air quality from landfills was, until recently, not analyzed in depth. The uncontrolled release of Volatile Organic Compounds (VOCs) and Reactive Organics (ROGs) and potentially carcinogenic materials from landfills can have a significant ir~pact on air quality and adjacent communities. Determination of the actual effects of 'these releases is limited by the lack of source specific data. By preparing an accurate database on waste generation it will be possible to define the emission estimates developed for attainment planning. An example of this involves the estimation of VOC emissions from household use of items such as pesticides and solvents. Without an accurate estimate o:[ the quantities of these products used within the County, no accurate prediction of their effect to the region's air quality can be prepared. Techniques are available for estimating the quantities of such material used in an area based on retail and wholesale sales figures; however, little is known about actual disposal volumes. This lack of information severely limits the ability to determine effects to air quality. IV-17 Therefore, it can be seen that this policy can be of critical importance in the preparation of the District's emission inventor.~ with respect to volatile organic compounds. Not only would such a program allow more accurate estimation of emissions but further, by identifying the locations at which each stage of waste handling occurs, a more focused inspection program can be designed. Source inspections have been shown to be an effective tool in the control of air quality emiisions and any mechanism that makes the inspection process more efficient must be vie~ved as beneficial. Policy IV-C: Technical Assistance to Industry - This policy can effect the air quality environment in much the same way as was indicated under Policy IV-A. The District, due to both state and Federal regulations, must keep abreast of the latest in emissions control technology. By providing this information to local industry groups, new projects should be designed with state-of-the-art control sytems which in turn will reduce emission releases. While much the same process currently occurs under the District's permit review process, the policy has the potential to alJow new information to be used during project planning rather than waiting until the permitting phase where design changes prove costly. This is considered a beneficial impact. Policy IV-E: Household Hazardous Wastes - As indicated previously, the effects on regional air quality from the disposal of household products have been extremely difficult to quantify. Frequently materials that should receive special handling are disposed of in an improper manner. This is especially true of materials such as solvents and paints which commonly find their way i~to municipal landfills where their VOC content is free to escape to the atmosphere. A public education program could be a useful tool in reducing lahis occurrence. Part of this existing problem is due to the fact that the public is not aware of the dangers associated with the materials that they normally handle nor of the proper methods of disposal !l~arning labels placed on containers have not solved the problem. The provision for local collection centers would aid in the process of eliminating this material from municipal landfills. Further, the program would insure that the material was processed in an environmentally sound manner. The design of such facilities is unknown at this time and would require further study IV-I3 before implementation. Care must be taken that such facilities do not allow the mixing of incompatible materials thereby generating a more significant problem. These collection centers would also become a source of emissions and must be required to have some form of emission control devices. A properly designed center should, however, not only aid the hazardous waste disposal problem but also regional air quality. Policies V-A through V-E: Waste Minimization - Policies V-A through V-E, dealing with waste minimization processes, can have a significant, beneficial impact on the basin's air quality. A 3096 reduction in the volume of material that requires treatment and/or disposal can lead to a much greater reduction in the present level of emissions. This conclusion is based on the following reasons: o Waste minimization would require industry to look at more efficient process streams, which, in the case of those handling solvehts, means that less direct emissions to the atmosphere would occur. o Since the volume of waste is reduced, the amount of disposal site emissions would be reduced. o A reduced volume of waste would require less treatment capacity. In the case of wastes that require thermal destruction, an emissions reduction would also be realized as the treatment facility would not be in operation for the same period of time or at the same process'feed rate, which in turn means lower overall emissions. ' o Mobile sources emissions would be reduced as the transportation require- ments would be reduced. Policy VIII=A: Siting Criteria for Off-Site Hazardous Waste Treatment Facilities - The need for specilic criteria for use in treatment facility siting is obvious. The effects to local and regional air quality, on the other hand, are not so clear. While the siting process would not reduce the amount of emissions which occur in the basin, it can insure that those emissions do not result in adverse impacts in terms of meeting the state and Federal standards. In assessing these criteria, IV-19 there were two elements with respect to air quality that were reviewed: (l) analysis of potential impacts to local air quality and (2) health risk assessment. The first analysis focuses on determining the existing ambient air quality and the change in air quality associated with the proposed facility. Some site locations may be eliminated [rom consideration based on unsatisfactory ambient air quality. it should also be required that any proposed facility both on-site and off-site prepare a detailed modeling analysis of all potential emissions using techniques approved by the District. Each facility should be required to prepare a health risk assessment in accordance with the guidelines presented in the California Air Pollution Control Officer Association Air Toxic Assessment Manual. The siting criteria contained in the Plan relating to air quality do include risk analysis for any type of facility addressing toxic and non-toxic emissions issues. This could include, though it does not specifically state, analysis of potential impacts to local air quality. Policy IV-D: Contaminated Hazardous Waste Sites - The rapid cleanup of hazar- dous waste sites can have a beneficial impact to regional air quality depending on the nature of contamination. ^ site that has been contaminated by solvents is releasing VOCs and/or ROGs to the atmosphere. This uncontrolled emissions source is an obvious detriment to the goals of the District and any action that will reduce or eliminate these emissions must be viewed as beneficial. It should be remembered, however, that there is a wide range o.f clean-up techniques each having its own emissions potential. The overall effect of a particular technique may be to increase the actual amount of emissions associated at a given site in the short term; i.e., during the dean up action. Any such program should, therefore, be reviewed to insure that it provides a long-term reduction in emissions. Policy VII-B: Fuel Contaminated Soil - The same situation as indicated above applies here. The policy does focus on a problem that exists with some of the present site remediation practices. In some cases, contaminated soils have been excavated from a subject site and transported to a landfill for disposal. While this achieves the goal of site cleanup, in the long run it has only relocated a potential problem. With respect to air quality, if a site is emitting VOC and the above IV-20 ~echnique is ;Jsed, the point of emission is changed but not eliminated, thus the air quality problem indicated is not resolved. On-site treatment has the potential to lead to a more permanent solution of the indicated problem. Policy VIII-B: Reduce Incinerable Wastes - This policy can have a significant impact on air quality for most pollutants. By reducing the amount of ,material requiring incineration, both combustion associated emissions and process generated toxic pollutants can be reduced resulting in beneficial impacts. The amount of this reduction will be proportional to the reduction in waste volume. Policy VIII-C: Conditional Use Permit of Off-Site Treatment Facilities -Imple- mentation of this policy will ensure full local review of on-site hazardous waste facilities. A Conditional Use Permit (CUP) could reduce potential waste volume by outlining emissions limits. b. Potential Future Facilities - The implementation of the Plan may result in development of regional or sub-regional facilities to store, treat and/or dispose of hazardous materials generated within the County. The specific characteristics and probable locations of these facilities are not currently known, except on an extremely conceptual basis. The section which follows reviews six such facilities which could be developed in the future. For each facility the general operational characteristics are discussed along with those aspects of re§ional air quality that may be affected by its operation. The focus of this section is to identify those areas which should be subject to future reviJw by the Air Pollution Control District, prior to the issuance of a permit to constr't~ct or operate. It should be noted that this analysis and the recommendations included in it, refer to facilities constructed on the same site as existing generators as well as off-site. (1) Solvent Recovery - Waste solvents are cleaning agents that have been con- taminated during the cleaning process by both suspended and dissolved soiids, water, organic material and any other material which the solvent may have come in contact. The reclamation of these solvents is a process that allows their reuse. The basic solvent reclamation process involves storage and handling, vapor recovery and condensation. Storage can range from 55 gallo~ drums up to large IV-21 floating or fixed roof tanks with capacities on the order of 20,000 gallons. The handling of the solvents includes loading into process equipment and the filling of drums or tanks. Vapor recovery is achieved through the use of condensation, adsorption or absorption. \!/hile no specific project description has been provided in the Plan for a solvent reco.very facility, it is possible to iist the probable points of emissions of air contaminants. These emission points include storage tank vents, condenser vents, incinerator stacks, valves and seals. For the most part a solvent recovery system will have VOCs as its primary pollutant; however, since incineration is usually an integral part o! such projects, standard combustion and potentially toxic contami- nants can also be expected. The emission of VOC's has little impact to local air quality. The adverse impacts to air quality associated with VOC's involve their reaction with other chemicals and sunlight to create ozone. This reaction occurs time and most of the VOC's emitted have been dispersed in the regional only after atmosphere. The adverse impacts associated with VOC's are more regional than Whether such a project will result in a significant impact to the regional air quality will be dependent on the volume of controlled emissions that are allowed. As the principal emissions from such a project are VOCs, the greatest impact is likely to result in the area of the ozone standard. A properly designed facility should be possible which does not cause violations of the air quality standards. the project would be required by the District to insure that no Careful review impact results. ' It may be possible to actually reduce the total emissions that occur from waste solvents by developing a regional processing facility that can handle a wide range of solvents. A regional facility could eliminate the long term storage of wastes by individual industrial sites. (2) Oil Recycling - Oil recycling is accomplished in one of two ways, the first being refining the waste product into a usable form or direct use as a fuel, which involves much the same activity as is carried out at a standard oil refinery. The second method for waste oil recycling is to use tile waste oil as a supplemental IV-22 fuel. However, concerns have recently been raised as to the risks involved with such activities, it is not likely that a facility employing this technique could be permitted under existing regulations and it will not, therefore, be considered further. Petroleum refining employs a wide variety of processes, with a facili, ty design based, to a large degree, on the nature of the product it receives. Waste oil recycling will fall into a special class of petroleum refining. Typically, the greatest quantity of oil available for recycling is derived from crankcase oil which has its own unique characteristics. While the specific refining process that would be used is unknown at this time, it would be likely to include some combination of the items listed below. The primary emissions sources associated with the refining process include: o Vacuum distillation o Catalytic cracking o Thermal cracking o Utility boilers o Heaters o Compressor engines o Blowdown systems o Sulfur recovery The vacuum distillation system is a source of hydroc.arbons which, in the atmos- phere, become a problem for ozone, but control equipment is available to reduce plant emissions by approximately 99%. Catalytic cracking using heat, pressure and catalysts converts heavy oils into lighter products. During this operation a variety of combustion contaminants may be produced including carbon monoxide, nitrogen oxides, and sulfur oxides. The specific amounts of each are dependent on the nature of the feed stock and the type of cracking unit used, although control efficiencies on the order of 80 to 85% are available for some pollutants. The process of thermal cracking is conducted in order to break heavy oil molecules by exposing them to high temperature. The Environmental Protection Agency (EPA) indicates that the specific air contaminants that are emitted during this IV-23 process are not well understood; however, potential emissions of hydrocarbons and ! parcLculates should be considered as sLgnifLcant. The utility boilers that supply the steam necessary for The plants operation again contribute primarily combustion contaminants. The degree of control for these emissions is dependent on the j specific process used to generate the steam and is highly variable. i The ._blo~'down plant provides for the safe disposal of hydrocarbons discharged from pressure relief devices. Uncontrolled emissions consist primarily of hydrocarbons, but, the EPA notes that any criteria pollutant could be contained in the emissions stream. Typical measures to control this process include installation of burners wh;.ch combust the noncondensible gases. ! The combined emissions of all the potential sources at a waste oil refinery, even after controls are applied, can be considerable. Whether such a plant will result in a significant impact to the local and regional air quality is dependent on the fadlities size, specific design characteristics and control measures employed. (3) Incineration - The incineration of hazardous materials has received both support and opposition for many years. A wide variety of methods for the thermal destruction of waste products are available with varying degrees of efficiency. The size of an incineration project varies widely depending on the specific nature of material to process. ! The most common types of incineration units proposed for handling hazardous ! materials include fixed hearth burner injectors, rotary kilns, fluidized bed combus- tion units of various types, and pyrolosis systems. In general these systems require that solid material be shredded, or reduced in size through a similar process, prior to entering the combustion unit. Liquid wastes, on the other hand, are usually m filtered to remove solids and then are injected into the combustion chamber in a spray or mist. Many of the waste materials processed in this way have sufficient heating values to allow the process to continue without the need for external fuel l supplies, l The operation of such facilities requires continuous monitoring of all process components to ensure high destruction efficiencies. The primary effluents of a ! IV-24 properly run system include those normally associated with the combustion of any fuel, particulates and acids formed during the processing of some hazardous compounds, usually chlorinated products. Even with all the control equipment that is available, the emissions from such . systems may be substantial Careful review of total project emissions must be performed to determine the effects such a project will have on local and regional air qJality. The nature of this review requires that it be performed in two distinct phases addressing the state and Federal air quality standards and effects to public health. The review of a project in terms of the existing air quality standards is a routine function of the District and one with which they are well familiar. The principal goal is to ensure that a project is not developed which can lead to a violation of a standard or the worsening of an existing violation. The review of projects for effects to public health is a more complex task, but one the District is equipped to handle. This review requires that emissions from a project be analyzed for potential long term deterioration in community health. The most common method employed is to determine the increase in potential cancer risk induced by a project. (4) Stabilization - The act of stabilization involves a process whereby certain hazardous materials which cannot be recycled, treated or destroyed are rendered to compounds that are considered safe. The stabilization or solidification process can be used on both liquid wastes and sludges. The.. basic process involves the addition of special materials such as fly ash or lime, in the case of inorganic sludges, and asphalt or polymer coatings. The wastes become encapsulated in these compounds and can be stored permanently or for later reclamation and processing. The effects to local and regional air quality that may arise from the stabilization process result from the type of compounds used. As indicated, there are typically four types of compounds in use for stabilization including lime, fly ash, polymers and asphalt. Each of these compounds pose a different air quality problem as outlined below. IV-25 o time and Fly Ash - Both lime and fly ash have the potential to effect the basin's air quality in the area of ambient particulate concentrations. In order for a facility to stabilize waste material it will need to have stockpile of either of the subject compounds. Both wind erosion of the pile and fugitive emissions during material handling are likely. While fugitive emissions from stockpiles can be controlled through the use of silos, there remains a potential for significant emissions. After the wastes have been processed~ the product must be placed in a final repository. During the handling of this material, particulates are likely to be generated. Because the fly ash or lime is now associated with hazardous products their threat to the local community is of concern. o Polymers and Asphalt - As with the above products there is a potential for the generation of particul~,te emissions during the preprocessing and proces- sing phases of waste handling. However, for these compounds the greatest concern will center on the release of VOCs. V/bile the hazardous material processed may be rendered relatively stable~ the facility operator will have to contend with controlling the emissions that come off the new product. There is an alternative to the use of either of the products listed above which can avoid some of their identified problems. This alternative involves the use of silica compounds for encapsulating hazardous material.. An advantage is that the final product is inert and does not have the tendency to. become airborne or release VOCs. There are, of course, some disadvantages which include higher energy costs and possible high emissions due to the combustion of fuel. \¥hile a number of potentlal impacts have been identified it is possible to develop a facility that would not cause a significant impact to the air basin. Careful review 0! the type o! operation must be performed prior to implementation. (~) I~esiduals Repository - A residuals repository is~ in essence, a specialized landfill accepting only a specific group of wastes. A repository must meet the requirements of a Class I waste management unit (Section 2531, et seq., of Title 23, California Administrative Code). Further, the following conditions would also apply: IV-26 o Only solid materials resulting from the treatment of hazardous wastes would be accepted; o No free liquids would be accepted; and o Hazardous organic wastes would not be accepted unless stabilized or solidi- fied and encapsulated. The _effect to air quality that would result from such a facility can be divided into two groups; i.e., those related to the repository itself and those related to the transport equipment used to put the waste material in place. The emissions that come from the second group are primarily those from the combustion of fuels and particulates that are generated by travel along dirt roadways at a site. These emissions are probably not significant on a regional level. The materials that are placed in the repository may contain VOCs in sufficient quantities to cause air quality impacts. In addition~ fugitive dust and toxic emissions from such a facility are of concern. At this time it is expected that the types of waste that will be placed in the repository will include inorganic solids resulting from the various treatment process. As the residuals wiU be low in organic content, their inorganic compounds will be rendered relatively insoluble and are among the most inert and immobile~ thus the environmental risk is low. However, until such time as the specific materials to be placed in the landfill are known, no determination of the potential effects can be made. At this phase in the planning process~ the effects of such a facility should be viewed as potentially significant. (G} Designated Landfill - The development of a landfill to specifically handle hazardous waste could result in impacts to regional air quality. The specific nature and degree of these impacts cannot be quantified at this time; however, it is possible to identify some of the potential sources of emissions. The principal source would be the landfiU itself. Emissions of greatest concern are VOCs and ROGs contained in the disposed materials. Further, there will be site emissions from the equipment use to maintain the site. IV-27 3. Analysis of Significance Plan Policies - The policies presented in the Plan have a potential to result in a beneficial impact to the air quality of San Diego County. This conclusion is based on the fact that, in general, the policies provide not only more thorough review of speci.~ic future projects, but also more control over the storage, handling, treat- ment and disposal of material currently generated within the County. The area.. most likely to see the greatest benefit from the indicated policies is the ambient ozone levels. Benefit will be dervied from greater control over the processing and disposal practices for material containing VOCs and ROGs, principal precursors of Potential Future Facilities - The six facilities reviewed have the potential to emit a widely different composition of air contaminants to the County air shed. While no specific level of emissions can be presented at this time for any of the facitkies) the nature of their emissions suggests that any resulting impact be viewed as significant. This position is warranted based on the kinds of materials that will be handled at each facility rather than the actual level of emissions generated. Since the Air Pollution Control District does not have the authority to issue a permit to construct or operate a project that is indicated as violating or exacerbating an existing violation, of either state or Federal standards) the focus of attention for these facilities must be placed on the health effect that may be induced. ~. Mitigation The impacts associated with the policies identilied in the Plan are, in general, beneficial and do not require mitigation. However, as the policies have the potential to effect regional air quality~ it is recommended that the County maintain continuous liaison with the Air Pollution Control District on all matters that may effect the basins emi_ssions inventory. When considering the siting of any new facilities, current ambient air quality conditions should be a factor. Further, with respect to policies that concern technical assistance to business, the District should be consulted regarding Best Available Control Technology. The development of new hazardous waste hand,..o facilities within the County must undergo more extensive environmental re'¢ie~' Than has been presented in this document. Prior to permitting any such facJ[it,v, a,,ealth risk assessment should be prepared. To facilitate this requirement, the local ,{PCD and DOH$ could create risk assessment guidelines. The risk assessment guidelines prepared by CAPCOA (,~ir ~'oxics Assessment :~lanual, August 1957) should be used if other guidelines are unavailable. (See Section IV.F for additional discussion.) 5. Residual Impacts Proper implementation of the Plan, full environmental re¥iew and application of mitigation measures, including siting criteria, would result in mitigation of potentially significant impacts. A key element to assuring this situation will be the Air Pollution Control District's permit review process. IV-29 C. RISK OF UPS.ET I. Existing Conditions I Existing conditions with respect to risk of upset cannot be specifically delineated in the absence of a de.qned site location. This discussion will focus, therefore, 'J· on ~ description of the geotechnical conditions which prevail in San Diego County. Those conditions which bear on risk of upset will then be discussed in terms of the i hazardous waste mangement iacility configurations cited in the County Hazardous Waste Management Plan (Plan). i Geology - San Diego County is underlain by three principal geologic provinces. The I majority of the County is in the Peninsular Ranges province bounded by the Coastal I province to the west and the Salton Trough province to the east. The western edge of the peninsular ranges province corresponds with the eastern hills and mountains I along the edge of Poway, Lakeside, and El Caion. Extending east o~ 3ulian and ends along a series of faults (discussed below). To I 3acumba, the province abruptly the north, the Peninsular Ranges province continues into the Los Angeles Basin area; to the south it makes up the peninsula of Baja California. The Peninsular Ranges are composed primariy of crystalling, batholithic rocks. I Batholithic rocks are igneous in origin, being formed under extreme heat and , pressure by the solidification of magma deep within the earth's crust. The older of the batholithic rocks, forced into the existing rocks, are call "pre-batholith}c" and 1 are divided into two types: 3ulian Schist and the Santiago Peak Volcanics. These the eastern limit ol the peninsular ranges. It l older pre-batholithic rocks up is probable that the 3ulian Schist rocks date back to the Paleozoic (about 250 million years ago). The Santiago Peak ¥olcanics are visible in outcrops near Rancho Santa Fe at Black ~tountain, near Fortuna and Cowles Mountain at Del Cerro, and at San Miguel Mountain (Peterson, 1977). The Santiago Peak Volcanics are a mixture of volcanic, vo!caniclastic, and sedimentary rocks. The sedimentary rocks result from marine deposits and house a fossil record dating the Santiago Peak Volcanics to the late 3ur:-ssic (about 140 million years ago). I IV-30 J J The younger southern California batholith rocks dominate about 80 percent of the visible outcrops of the Peninsular Ranges and were formed about i~0 to 70 million years ago. These rocks are generally granitic in composition and weather into pheroidal boulders. Remnants of the southern California bathoiith dot the tops and slopes of the County's eastern hills and mountains. As the Peninsular Ranges province experienced uplifting and tilting, a series of large faults such as the Elsinore and San 3acinto faults developed along the edge of the province. The eastern area "dropped" down, creating what is no~v known as the Salton Trough-Gulf of California depression. The Salton Trough province, being lower than the surrounding landscape, became an area of deposition with sediments being carried to the depressed area by drainages of the Peninsular Ranges. Occasionally the Salton Trough was inundated with marine waters from the Gulf of California, adding marine deposits to the sediment. The Coastal Plain province extends from the western edge of the Peninsular Ranges and runs roughly parallel to the coastline. The province is composed of dissected, mesa-like terraces which graduate inland into rolling hills. The terrain is underlain by sedimentary rocks composed mainly of sandstone, shale, and conglomerate beds, reflecting the erosion of the Peninsular Ranges to the east. Typical geologic series in the County, from earliest to most recent include: o 3urassic-a§e volcanic rocks and marine sedimentary rocks of the Santiago Peak Volcanics {approximately 1~(~ million years old), o Cretaceous-age alluvial fan deposits of the Lusardi Formation (approxi- mately 70-80 rnillion years old), o Eocene-age estuarine and river deposits of the Del ~4ar, Friars, and Mission Valley Formations (approximately Q0-~0 million years old), o Pleistocene-age river terrace deposits and recent valley-fill alluvium (approximately 10,000-~00,000 years old). IV- 31 Hydrology - Groundwater occurs in rock formations, having a sufficient amount of interconnected openings for water to pass. Groundwater is "recharged" by the see of water into the ground. The quality of groundwater is affected by both the page character of recharge water and the character of the earth materials through which the water has seeped. In San Diego county the salt or total dissolved solids (TDS) content of the goundwater may be increased by the imported water supply used for irrigation or reused as reclaimed wastewater. Groundwater in San Diego County is generally of poor quality due to limited rainfall, the use of imported Colorado River water for irrigation and intrusion of seawater into certain aquifers. The steadily decreasing quality of the County's is largely the result of agricultural operations. Irrigation has groundwaters tended to increase salt levels due to the concentration of salts resulting from evapotranspiration. The application of fertilizers and agricultural pesticides has increased the water quality problem. Groundwater TDS buildup is particularly high in the vicinity of dairies where levels reach as high as 1,150 milligrams per liter (rog/l) to 1,gQ0 rog/1. High nitrate levels have also been recorded. In residential and metropolitan areas groundwater has also been contaminated by poorly functioning septic systems. Leaking underground tanks have also contri- buted substantially to groundwater degradation. In many locations large volumes of petroleum product are floating on the aquifer. The hydrology in San Diego County (and Southern California in general) is very complex and sparsely mapped. Depths can range from very close to the surface to more than 300 feet. Rick of upset with respect to aquifer contamination would, in the absence of established data, require site-specific determinations as to existing water quality and aquifer depth. Fault Zones - Several earthquake fault zones exist in and around San Diego County. Figure #-2 provides a general illustration of the geomorphic provinces and ma)or fault zones tY.;cugk t:.c ~tat: ;f C:l:.f::~.": in the County of San Diego. Risk of upset assessments must consider zones external to the County boundaries, including those offshore, since high magnitude shocks transit energy over large areas. IV-32 IV-33 Figure 4-3;hc':.': z ~_c;'-:! ^*~;~ .... "~ ~"Hincludes the lollowing information: 1) Fault zones in San Diego County and surrounding environs. 2) Earthquake events over approximately the past 200 years expressed in Richter rnagnitudes. 3) One hypothetical site has been selected in San Diego County to illustrate the manner in which maximum credible and maximum probable earth-quake data would be derived. This will be addressed later under the discussion on specific types of potential risk of upset. Figure ~-3 presents a map depicting geomorphic provinces and the principal faults of California. Viewing this map, it can be seen, that as a minimum, the following faults bear on the subject analysis: Whittier-Elsinore Fault; San 3acinto Fault; San Andreas Fault4 Sierra Madre Fault System (Sierra Madre Cucamonga Fault Zone, San Fernando Fault, and Raymond Hill Fault); Newport-Englewood; Rose Canyon; San Clemente; and Coronado Banks. Each of the above cited faults is active by definition (they have displaced Holocene deposits as recently as 10,000 years ago). The dominant trend of faulting in I southern California is northwest-southeast. In the transverse ranges, however, east-west to northeast trending faults predominate, including a nearly east-west I strike of the San ^ndreas fault. Historically, most of.the recorded earthquakes and recorded fault breaks occurred as a result of rupture along the faults in the San Andreas set which suggests that most of the accumulating strain energy is being .! released along these breaks. Important exceptions include the White Wolf fault, which caused the 1952 Kern County earthquakes, and movements on faults in the Sierra Madre fault system which were responsible for the 1971 San Fernando earthquake. These faults are representative of the east-west to northeast-trending fault system, best developed in the transverse ranges. 2. Impact a) Policies and Implementation Procedures .! I 1V-34 A , 0 ! iv-~ FIOURE 4-3 The Policies and Implementation Strategies set [orth in the Plan that are relevant to the Risk of Upset analysis are summarized below. The Policies and Implemen- tation Strategies for each relevant section are followed by a discussion of potential impact associated with risk of upset. SECTION IV: Policy IV-A - Ensure that new and proposed buisnesses using hazardous materials and generating hazardous wastes are screened by City and County regulatory agendes. Policy IV=B - Ensure that complete and accurate information is available on all hazardous waste generated, handled, stored, treated, transported and disposed of in San Diego County. Policy IV-C - Ensure that all businesses are able to assume responsibility for hazardous waste management by providing technical assistance in all aspects of the fie1 d. Policy IV-D - Ensure timely and complete mitigation of contaminated hazardous waste sites in San Diego County. Policy IV-E - Encourage reduction of household hazardous waste generation by promoting safe substitutes and recycling through community education to all residents of San Diego. Encourage the safe disposal' of houshold hazardous waste by providing convenient cfisposal alternatives to aU residents of San Diego. The intent under CEQA behind risk of upset assessments is to focus on "a risk of explosion or the release of hazardous substances during upset conditions". Since the above cited items are comprised of policies rather than physical structures or facilities, no specific impact on the environment would occur. It should be stressed, however, that certain positive or beneficial impacts on the environment may result from implementation of these policies in the event of upset conditions. In fact, San Diego County has already benefitted from some of these policies (even though they are still in their Iormative stages) under upset conditions. Specific reference IV-36 is made here to the Count}' Hazardous Materials Management Division (HMMD) Emergency Response Team which routinely faces upset events. To the extent that the above stated policies encourage: o inventory reporting, o emergency contingency response planning, o employee hazardous waste training, and o waste minimization resources, impact on the environment (air, land and water) would be mitigated and general risk will be minimized under either point-source or catastrophic upset conditions. Policy V-A - Encourage industry to reduce its hazardous waste by a Countywide goal of 30% within the next five years by promoting waste minimization as the first priority in the hazardous waste management hierarchy. Policy V-B - Encourage businesses to conduct waste minimization opportunity assessments to determine their potential for source reduction and recycling. Policy V-C - Establish a reward program to recognize industries that implement waste minimization successfully. Policy V-D - Prepare an annual report on the progress of waste minimization in the County. Policy V-E - Ensure that financial and technical assistance programs are available for hazardous waste minimization projects. Waste minimization practices do not directly bear on risk of upset of discrete hazardous waste management facilities since the factors which affect such risks are not strongly tied to volume. In the event of upset~ however~ waste minimization ~'actJces that are in place will serve to minimize environmental damage for: 1) Companies that~ as a result oi these policies, maintain reduced stock- piles of hazardous materials that could be released to the environment in an upset event, and IV-37 2) Hazardous waste management facilities will need to process smaller volumes of material and in an upse: e,~ent would pose a lesser threat than a facility processing lar§er volumes of material. Policy VIII-A - Ensure the protection of the residents of San Diego County from ris)~s associated with off-site hazardous waste treatement facilities. Policy VlII-B - Encourage the use of preferred aiternative management techniques for specific hazardous waste streams which have incineration as the primary treatement technology. Policy VIII-C - Ensure that off-site hazardous waste treatment facilities are subject to complete local review. Policy VIII-D - Ensure that on-site hazardous waste treatment facilities are subject to full local review. These policies will contribute to reduction in risk of upset since they provide a forum to institute public health sale§uards for the protection of San Die§o County residents. Such safeguards will include strict evaluation of on-site and off-site engineerin§ and handling practices, inclucing those which pertain to risk of upset. Policies o! this type will serve both to reduce risk oi upset and enhance public safety in the event that upset should occur. ' Siting criteria relevant to risk of upset include: o facility siting no closer than 200 feet from a known active fault o risk assessment accomplished for the handling of ignitable, volatile, or reactive wastes o facility siting no closer than 2000 feet from population, and from residences or future residence if residual repository o avoidance of flood hazard areas, or, residuals repositories prohibited in areas subject to lO0-year flood IV-35 o avoidance of dam failure inundation areas o avoidance of areas with slope stability problems or subsidance/lique- faction problems; if residual repository, prohibited o requires residuals repositories to conform to State Water Resources Control Board requirements regarding groundsvater and wells; all other facilities must locate outside of cones of depression (wells); and facilities with subsurface treatment history must be sited at lease one- half mile from potential drinking water supply. Administrative actions have been implemented by local~ state and federal agencies to minimize the effects of such geologic hazards as earthquakes and landslides. 51ope instability or erosion problems in the county are primarily regulated through the Uniform Building Code and Grading Ordinance. The Uniform Building Code requires special foundation ehgineering and soils investigation on proposed develop- ment sites located in geologic hazard areas. These reports must demonstrate that either the hazard presented by the proiect will be eliminated or that there is not a danger for the intended use. Individual community plans involve implementing the polities and ordinances of the county such that development in earthquake or landslide prone areas does not threaten human life or property. Geologic hazards are also analyzed on a site-specific level during the environ- mental review process. The potential for geologic impacts to a maior construction proiect such as a hazardous waste management facility must undergo complete geologic and soils investigation prior to approval of p~rmits. All hazardous waste management facilities in California are licensed and moni- tored by the Department of Health Services (DOH5). Several statutes of the California Administrative Code pertain to siting compliance criteria, These statutes include: o 22-66390 - Contents of Part A of an Operating Permit Application, o 22-66391 - Contents of Part 13 of an Operating Permit Application, o 22-66397 - Public Comments and Request lor Public Hearings~ IV -39 o 22-66395 - Public Hearings, o 22-66399 - Response to Comments (from public hearings), o 22-673(;3 Design and Operating Requirements for Permitted j ! F acilities. The owner or operator of a new facility must also demonstrate compliance with the I seismic standard. This demonstration may be made using either published or geologic data or data obtained from field investigations carried out by the applicant. The information provided must be of a quality acceptable to geologists in identifying and evaluating seismic activity. The information ! experienced submitted must show that either: 1) No faults which have had displacement in Holocene time are present, or I no lineations which suggest the presence of a fault (which ,have displacement I in Holocene time) within 3,000 feet of the facility are presentj or ! 2) If faults (including lineations) which have had displacement within i Molocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal or hazardous waste will be conducted. Regarding flood hazardous areas, owners and operators of all facilities must i provide an identification of whether the facility js located within a 100-year flood I plain. Facilities located within such a flood plain must provide extensive information concerning intended flood protection devices. 1 The siting contained in the Plan includes the addressing of pertinent risk of upset with already established regulations, provide for the s~fe 1 hazards, and~ together m siting of future potential facilities. Polic¥ IX-A - Ensure that the Hazardous \l/aste Management Plan ks approved and adopted. I ! Policy iX-B - Ensure that the public has adequate in[ormation and opportunities to participate in decisions on hazardous waste issues. Policy IX-C - Ensure that the Hazardous Waste Management Plan is appropriately updated or modk[ied to reflect new legislation and information. Poli'c¥ IX-D - Ensure that adequate funding is available to update the Hazardous Waste Management Plan and implement necessary programs. Policy IX-E - Encourage the use of the data, policies and recommendations of the Hazardous Waste Management Plan and its most recent updates in evaluating facility siting proposals. No direct application to risk o! upset is applicable here other than for benefits which would accrue from enforcement and information transfer concerning the policies discussed above. b. Potential Future Facilities - The discussion which follows focuses on Poten- tial risk of upset impacts assodated with the types of future facilities described in the Plan. These are: o Solvent recovery o Oil recyclin§ o Incineration o Stabilization o Residuals repository o Designated landiill Since no specific sites are identifiable at this time, risk oi upset impacts must focus on the kinds of "generic" risks reasonably identifabIe as being indigenous to San Diego County. The evaluaiton o( such risks, in the absence of a specific site location, must necessarily examine "worst c~se scenarios" in order to better understand best case options. IV-~ 1 Risk of upset is divided into two separate causative categories: l) Facility Related Upset - This refers to explosion, fire, or hazardous materials release (or any combination) incurred exclusively as a result of facility operational or design failure. 2) Force Majeure - This is defined as explosion, fire, or hazardous materials release (or any combination) incurred by extern~d forces which are unforeseen and beyond control. Examples are earthquake, meteor strike, tsunami, hostile attack, etc.. In assessing potential impacts the followin§ assumptions are made: 1) Each facility type represents state-of-the-art technolo§y and is of a design type with a demonstrated success record. 2) Standards of "due care" in the design, siting and construction are extended to encompass "reasonable" expectations of upset. Regulations governing these assumptions are aJready in place and are likely to become more, rather than less, stringent in the future. In the discussion which follows, risk of upset ~nd attendant multimedia environ- mental impact wi1! be divided into the two previbusly defined categories: l) facility related risk of upset, and 2) force majeure risk of upset. The six facility types wii! be treated as a group under each category, in order to il!ustrate diearly, the relationships between facility type and risk of upset. IV-~2 Facility Related Risk of Upset Historical facility upset incidents have demonstrated that the conditions which bear on the event include: o Human error either in deficient training, negligence, poor planning, or inadequate design specifications, o Mechanical hardware or material failure. Given the stringent engineering, employee training, emergency response planning, monitoring and maintenance program requirements for new facilities (particularly hazardous waste management facilities), the likelihood of a major upset event is very remote. Still, such upsets do occur, even in the most carefully engineered and employee trained facilities. It is possible, however, to have in-place contingencies (which will be addressed later under the discussion on mitigation) which help to substantially or even completely abate potential environmental impact. In the unlikely event that these safeguards prove inadequate and all controls are breached, then significant environmental impacts may occur. Such impacts may affect land, water, air, or any combination of the three. As indicated earlier, the risk of such an upset is very remote. Force Majeure Risk of Upset .- The risk of upset resulting from a natural force majeure (earthquake, tsunami, etc.) is remote. Also, San Diego is a major military base with a substantial naval force and, as such, could be the target of a hostile attack. The risk of upset from military actions, however, is very uhiikely. In San Diego County, the only really significant consideration for force majeure upset is earthquake related. It will be recalled from the earlier discussion under "Existing Conditions" that Figure 4-3 depicted a hypothetical site where a hazardous waste plant might be located. This was done in order to illustrate the approach used for assessing seismic risks associating with facility siting. Risk of lV-~3 I upset assessments must consider zones external to the Count)' 5oundar:es, indudin§ those offshore, since high magnitude shocks transmit energy o/er large areas. The hypothetical site shown in Figure 4-3 has been selected to illustrate the in which earthquake data would be derived. There are two scales by which I earthquakes are measured. The magnitude of an earthquake, in terms of force or ene-~gy, is measured on the Richter scale. The Modified Mercalli scale measures I the intensity, or effects, of an earthquake on s~'uctures and people. Tables 4-5 and i 4-6 subsequently delineate the data for the specified hypothetical site. There are I no areas in San Diego County which could be viewed as "typical" with respect to I seismic conditions. Viewing the hypothetical site discussed here, it can be seen · that the 100 kilometer radius drde will inscribe different fault conditions as the i site is moved (for example). I I Seismology is not yet developed to a point which allows reliable time predictions of earthquake events. For this reason, the above §uidelines provide the conven- I tionally acceptable standard for geologic/seismic reports pertaining to siting ~riteria. The lack of significant historical evidence is no proof against future occurrence, but does serve to provide some perspective as to the degree of risk. Earthquake prediction is not an exact science. Many seismologists maintain that southern Calilornia will be subjected to a major earthquake, sometime within the next lO0 years (time estimates vary widely). An earthquake wi~h a Richter magnitude o~ ~.0 or greater is considered a major earthquake. In the event of such an earthquake, the risk of upset would be increased. IV-t+4 TABLE t~-5 HISTORIC EARTHQUAKES WITHIN ONE HUNDRED KILOMETERS OF HYPOTHETICAL SITE (MAGNITUDE 6.0) Richter Approximate Magnitude Epicentral Distance Reference Year (M) From Site (Miles) Fault I 1987 6.6 75 San 3acinto Hills i 1987 6.6 75 San 3acinto Hills I 1979 6.5 - 6.5 90 Imperial i 1968 6.0 - 6.8 65 San 3acinto Hills 2 1950 6.2 56 San 3acinto 2 1902 6.5 65 San 3 acinto 2 1937 6.0 56 San 3acinto 2 1918 6.8 50 San 3acinto 3 1910 6.1 51 Elsinore 3 1899 7.1 00 San 3acinto 2 1812 '6.9 51 Newport-En§lewood Reference: 1. Kern, 1988 2. Wesnot~ky, 1986 3. Lamar and Medfield, 1973 IV-05 TABLE q-6 SUMMARY OF MAGNITUDE AND INTENSITY ESTIMATES Maximum Magnitude Maximum Intensit~ Fault Estimated Historical San Diego East County San Migu~l 6.0 6.0 - 6.8 Agua Blanca 6.5 - 7.2 VI-VII San Clemente 6.6 - 7.7 San Diego Trough 6.1 - 7.7 VI-VII Coronado Bank 6.0 - 7.7 VI-VIII Rose canyon 6.2 - 7.0 ?6.0 - 6.5 VIII-IX La Nacion 6.2 6.6 Elsinore 6.9 7.6 VII-VIII segment A 6.8 - 7.3 6.0 IV-VII VII-X segment B 6.6 - 7.1 IV-VII VII-X segment C 6.8 - 7.2 IV-VII VII-X segment D 6.5 - 7.2 IV-VII VII-X Salada '6.5 - 7.0 6.7 - 7.3 VII-X Laguna Agua Tibia Earthquake Valley Aguanga San Felipe Hills Murrieta Hot Springs 6.9 7.3 5.8 7.0 V-VII VIII-X San Jacin~o Casa Loma Clark 7.1 VI-VII IX-X Anza Gap 6.4 - 6.6 (-7.0) V-VII VIII-X Coyote Creek 6.4 - 6.6 5.8 - 6.0 V-VII VIII-X Bbrrego Mt. 6.4 - 6.5 6.8 V-VII VIII-X Superstition Mt. 6.4 IV-VI VII-IX Superstition Hill 6.4 - 6.7 IV-VI VII-IX Cerro Prieto 6.4 - 7.2 6.4 Multiple Segments 6.9 - 7.3 San Andreas 7.3 - 7.9 5.0 - 6.5 VI-VII -vII-X Multiple Segments 7.9 - 8.2 IV-#6 3. Analysis o! Significance Approval of the Policies would create §enerally beneficial impacts~ or, in other words, a reduced risk of upset, in re§ard to future ~acilit[es, the following considerations bear on those factors which affect the risk that an upset will occur and as such comprise an important aspect of the analysis of significance. a) The more complex a process is, the greater the risk of upset (assure[n§ equkvalent levels of competence in design, engineering, personnel, etc.). This pertains to mechanical and operational aspects of a facility only and is independent of the chemicals or materials processed. b) The risk of upset increases as the likelihood of violent chemical reaction increases. For example, the risk of upset (explosion or fire) from a solvent distillation process ).s greater than for that of a water distillation process. Similarly, the risk of upset from the processing of a corrosive rnater[al, such as s,,Ifuric acid is lCreater than that for the processing of a non-corr6sive material. c) The significance of environmental impact should not be assumed to be equivalent to the risk of upset. For example, assuming identical environmental conditions, an upset event which releases non-toxic materials to the environment may have a minor level of impact, but an event which re]eases non-degradable toxic materials to the environment would have signifi.c, ant impacts. d) The significance of environmental impact is also governed by the volume or mass of material processed; large volumes of equivalent waste type represent greater potential for damage than small volumes. The analysis of signfiicance, therefore~ must cons[der the hazard level and quantity of materials being handled as well as risk of upset. Following is an approximate ranking of impacts in the event of facility upset (least impact first): 1) Hazardous wastes treated by stabilization are likely to resuJt in no or little impact under upset conditions. This is because the materials have been solidifed and fixated. Even if fragmented it is unlikely that any impact would result. IV-g7 1 2) Hazardous waste repositories and landfills are compartmentalized and upset of one portion does not necessarily mean upset of any other portion. They are simple in design and therefore less condudve to facility upset than more complex operations. Also, only solids will be accepted by the time such facilities are built. *olids are limited in their migration potentia] considerably more than liquids or gases. Under upset conditions, no or little impact would occur, i 3) Incineration systems are complex relative to (i) and (2) above and therefore more subject to upset. The indneration system itself may not represent an environmental threat, but the materials being stored and processed might. The m significance of impact wood therefore depend heavily on the kinds of materials being processed. J #) Operations with the highest probability o! significant impact are i solvent recovery and oil recycling. Most solvents are flammable and/or explosive. Many are toxic and/or carcinogenic. The same is true for oils, but to a lesser degree. These materials are liquids o! varying viscosities and as such have a much greater potential for migration than solids. The processing facilities tend to be complex operations and as such are more conducive to upset. Many such facilities have tank farms which store large volumes of feedstock and processed product. The above ranking system is important in the eventual consideration of risk in J s. electing a facility type for construction. Any fal:ility which is constructed in San I Diego County must consider the maximum credible and probable earthquake value. In the future time frame in which these facilities will be constructed, it is likely that the guideline will be the maximum credible earthquake value(s). Ii, for I example, this value is Richter magnitude 7.5 (refer back to Table ~-5), then the facility wood have to be constructed to withstand an event of that magnitude. I If the maximum credible values exceed reasonable expectations for risk of upset ! given engineering state-of-the-art at the time, then an alternative site would be selected or the lacility wood not be constructed. On the other hand, if the I maximum credible values do not exceed reasonable expectations for risk of upset given engineering state-of-the-art, then a facility can be safely constructed. i IV-45 Given the above considerations, and if proper environmental analyses are per- formed on a project specific basis under CEQA, there would be no significant risk of upset posed by the facilities under consideration. 4. Mitigation Ris~ of upset mitigation measures must address: t) accomplishment of measures to insure that upset does not occur, and 2) if upset does occur, accomplishment of measures to insure that the potential environmental effects are minimized. As indicated in prior discussion, risk of upset must consider facility related facts and force ma)eure related factors. Miti§ation for facility related factors will involve compliance with resulatory criteria that are already in place, and compli- ance with sitin§ criteria as established by the Plan. Compliance with en§ineering standards, tralnin§, maintenance, and monitoring pro§rams will serve to lower the probability of upset to a very low level of risk. Site location in an area which minimizes the probability of earthquake dama§e and which is geotechnically sound, is also an important risk miti§ation measure. Most of San Diego County is located within Earthquake Zone #, which requires that all buildings be built to certain standards to accommodate earthquake shakin§. The City of San Diego, however, is located within Earthquake Zone 3, which requires that any new construction include seismic buildings standards. Essential facilities thou§h, such as schools, hospitals, and law enforcement buildin§s and ilre.stations are required to be built to Zone 4 standards, even if they are within a Zone 3 desi§nation. Thus, because future hazardous waste facilities could pose a potential hazard in the event of an earthquake to nearby population, these facilities should also be built to the most stringent building standards to accommodate ground shaking. If in spite of the above precautions, an upset event still occurs, it is imperative tha'c emergency contingencies be in place to mitigate environmental impact. A facility location should be chosen that is as remote from population centers as practical; the siting criteria state that for residuals repositories, at least 2000 feet distance should occur. Also aquifer (groundwater) systems should be as deep as possible (at least 100 feet) to minimize contamination in the event of spill. IV -~-9 I 5. Residual Impact Accomplishment of all the mitigation measures would reduce the risk of upset impacts to below a level of significance. The remote possibility of an upset event I still exists, and, even with emergency plans in place, potentially hazardous events could impact the environment and people, i i i I i ! ! IV-~O ! D. PUBLIC SERVICE 1. Existing Conditions Law enforcement, fire protection and emergency medical service for the County of San Diego region is p/-ovided by a variety of local and County-wide districts, agencies and iurisdictions. Each district or iurisdiction serves the population within [ts boundaries as well as provic~ng assistance, via mutual aid agreements, to other surrounding areas. Water service and sewage disposal is also provided by districts and' agencies which olten do not correspond to municipal boundaries. The primary responsibility for law enforcement lies with the Sheriff's Department of the County of San Diego. This agency serves the unincorporated areas of the County as well as many of the smaller cities in the County, including Imperial Beach, Solana Beach, Santee, Vista, Poway, Del Mar, and Lemon Grove. The remaining cities, San Diego, El Cajon, Encinitas, La Mesa, Carlsbad, San Marcos, Coronado, Escondido, National City, Oceanside and Chula Vista are served by their own police departments. Fire protection service to cities in the San Diego region is provided by the individual cities. The unincorporated area ol the County receives lire protection from 17 lire protection districts spread throughout the County. Emergency medical service (paramedic) is provided i.n most cases by the City lire department either directly or by contract. Within th~ region, there are two County Service Areas (CSA) formed to provide paramedic emergency ambulance service. CSA number 17 provides service to the cities of Del Mar, Solana Beach, Encinitas, the community of Rancho Santa Fe and the neighborhood of Del Mar Heights. The City of Santee and communities of Lakeside and Bostonia are served by CSA Number 69. Water service is provided via a number of irrigation and municipal water district. community service districts, County service districts and California water dis- tricts. Some districts are responsible for the distribution of local water from wells and reservoirs. The larger districts purchase imported water, via the San Diego County Water Authority and the California American Water company, and IV-51 it to clients. Gas and electric service is available to ail areas within I distribute San Diego County and is provided by San Diego Gas and Electric Company (SDG&E). 5DG&E currently has adequate capacity service to future anticipated j I dem and. A number of sanitation districts, sanitary districts and community service districts pro')ide wastewater treatment and disposal services to the County of San Diego region. The majority of these agencies collect the wastewater and transport it to I the Plant for treatment and disposal. The Metropolitan Wastewater Treatment the City of San Diego and consists of an advanced primary I Plant is operated by treatment plant and an ocean outfall at Pt. Loma. Two other treatment facilities with ocean outfails e.vjst and serve the region. The Encina Water Pollution Control I Facility provides sewer service to the dries of Vista, Carisbad and four major districts. The San Eli)o Water Pollution Control Facility operates a slud§e removal j operation and ocean outiaU that serves the Cardiff and Solana Beach Sardtation I Districts as well as the City of Escondido. ! Emergencies created by releases of hazardous wastes and/or materials occur in San Diego on a daily basis. Many of these emergencies are confined to a small area, do not pose a public health threat, and are easily mitigated by the responsible party. Frequently, however, hazardous materials incidents are o! such a nature that routine resources are not capable of containing them or of preventing exposure to surrounding populations. When such an inddent does occur, specially trained and I equipped stair are available. .. Hazardous materials incident response is a highly specialized and expensive ! endeavor. Recognizing that the costs involved in staffing, equipping and training the 50 San Diego County fire agencies would be substantial, the San Diego County ! Unified Disaster Council directed a study to evaluate the potential for providing a mechahism for responding to hazardous materials incidents. The study I concluded that such an approach was appropriate and recommended the creation of ' a regional Hazardous Materials (HAZMAT) emergency response program. The HAZMAT Incident Response Team (HIP. T) provides hazardous materials emer- ! gency response capabilities County-wide through the joint efforts of the San Diego Fire Department (SDFD) HAZMAT Response Team and the San Diego County 1V-52 J Department of Health Services Hazardous Materials Management Division (HXIMD). F:ach o£ these teams has more than five years of experience in hazardous materials emergency response. The SDFD is responsible for isolating and con- raining the incident, stopping the release, affecting rescues and other related tasks. The H.%IS~.D is responsible for assessing the risk to public health and safety and the environment, and taking the necessary steps to mitigate these hazards, ensOring adequate cleanup of the area and conducting cost recovery and enforce- ment activities. The HMMD has also prepared the San Diego County Area Plan pursuant to AB 2185 (California Health andSa~ety Code, Division 20, Chapter 6.95). The Area Plan, as submitted to the California Office of Emergency Services, consolidates industrial and emergency plans submitted as a part of the disclosure requirements of AB 2185 into a countywide emergency contingency plan. 2. Impacts The following section presents a review of the potential impacts to the public service providers of the San Diego region which could res, It from implementation o! the Plan. This review has been divided into two sections addressing the probable effects of: (a) the specific policies identified in the Plan and (b) future treatment facilities that may be developed to process and dispose of hazardous materials generated in the Cgunt¥. As no specific design ~arameters are available on any of the potential projects, this review was conducted on a qualitative basis. Further environmental review would be required prior to the development of any specific project. The first area of analysis presented below is focused on the potential effects of the 23 policies addressing issues from waste minimization to development of annual waste reports. The analysis performed is intended to identify those potential impacts on public services if a particular policy is implemented. Only the pertinent policies are discussed. Subsequent to the potic¥ review is an analysis o~ six potential facilities which could be developed, in the future, to process hazardous waste generated within the IV-53 Count.~. For each facility type, the basic operational characteristics are described '1· and the areas of public facilities concern identified. The section identifies those areas for which a project may result in adverse impacts in order to focus i subsequent environmental and permitting reviews at the project level. · ! a. Policies and Implementation Strategies - The draft Hazardous Waste Manage- ment Plan developed for the Count)' of San Diego identified 23 specific polities which, if implemented, would not only reduce the total volume of hazardous 1 material generated within the County, but further, would allow the coordination of the activities of the various agencies which have regulatory authority for such 1 projects. The policies cover a broad range of topics from mandatory waste minimization programs for local businesses, to education programs for residents of the County on the proper disposal methods of household products. amm Potic~. V-A: Promote Waste Minimization - A reduction in volume of waste would I req,,ire less treatment capadty and possibly fewer facilities. This would result a benefit to public services as fewer fire protection and law'enforcement personnel would be required, less water would be req,,ired and less wastewater would need to be treated. ! · Polio7 IV-D: Contaminated Hazardous Waste Sites - The rapid cleanup of known hazardous waste sites can have a beneIicial impact to public services because the elimination of potentially flammable hazardous wastes would reduce potential emergency incidents requiring response from fire-protection agencies and the HAZMAT Incidence Response team. m m Policy, VIII-A: Siting Criteria for Off-Site Hazardous Waste Treatement Facilities - m Approval and adoption of the Plan would establish siting criteria for the location of m future faciliites. These criteria would represent a beneficial impact to fire, water and sewer public service providers as facilities would be located in areas of m adequate fire protection and sewage availability, and would minimize threats to drinking water. Siting criteria relating to public service providers include: , o siting where fire department has mutual aid agreements, adequate · response times and hazardous materials and accident training, m IV-St~ M Poiic¥ IX-A: Plan Adoption - Approval and adoption oi the Plan would indirectly affect public services and utilities as the Plan could be implemented to allow hazardous waste treatment and disposal facilities in the County. Additional facilities would place new demands on local fire departments and the HAZMAT incident Response Team. Depending on the type of facility, a large quantity oi water may be required for operati6n, or & large quantity of wastewater may be dispbsed into the existing sewer system. The additional demand cannot be quantified at this tir6'e. Policy IX-E: Plan Implementation: - As stated in part IX of the Plan, it is anticipated that the data and pertinent and timely policy issues contnined in the Plan will be updated annually. This information will be used when evaluating facility siting applications. Although the policy is vague and does not specify what data should be updated, this is regarded as a generally beneficial impact because accurate information will assist in knowledgeable decision-making. Adverse impacts to public services could occur, however, if the most recent information regarc~n§ service availability is not included in facility siting decisions. b. Potential Future Facilities - The implementation of the Plan could result in the future development of regional or sub-regional ~acilities to store, treat and/or dispose of hazardous materials generated within the County. The specific characteristics and probable locations of these facilities are not currently known, except on an extremely conceptual basis. The section which ~ollows reviews six such facilities. For each facility the general operational characteristics are discussed along with those public services that may be effected by its operation. As no quantification of service needs is known at this time, specific project impacts cannot be defined. The focus of this section is, therefore, to identify those areas which should be subject to future review by the local reviewing agencies, prior to the issuance of a permit to construct or operate. (1) Solvent Recovery - Waste solvents are cleaning agents that have been con- taminated during the cleanin~ process by both suspended and dissolved solids, water, organic material and any other material which the solvent may have come in contact. The reclamation of these solvents is a process that allows their reuse. The basic solvent reclamation process involves storage and handling~ vapor IV-~5 condensation. Storage can range from 55 gallon drums up to large ! floating or fixed roof tanks with capaci~es on t?,e order of 20,000 gallons. The handling of the solvents includes loading into process equipment and the filling of drums or tanks. Vapor recover)' ~.s achieved through the use of condensation, I adsorption or absorption. I The' eflects on public services include an increased potential for fire hazards associated with flammable and toxic materials, as well as a potential increased I demand for law enforcement oflicials and emergency medical personnel in the case toxic contaminants. The facility, if constructed, would I involving create an additional, presently unquantifiable demand on law enforcement, fire protection, energy and emergency medical service providers. (2) Oil Recycling - In an oil recycling facility, liquid hazardous wastes containing I solvents, oils and other organics arriving at a recovery facility are analyzed at an I on-site laboratory to identify those constituents valuable enough to recycle. · Solvents and oils are separated and clarified by physical processes such as I decanting, distillation/condensation and filtration. The purified solvents and oils are stored, recycled, blended into fuels, or shipped out as industrial raw materials. Residuals are incinerated or sterilized prior to land disposal. Aqueous hazardous residuals are sent to an aqueous treatment facility and non-hazardous aqueous I waste may be sewered. The potential impacts to public services include a. potential for fire hazards ! associated with flammable petroleum products, and an increase flow to the sewage treatment facilities of the region. Some lreatment may require large volumes of I water which would place an additional demand on the local water district. As for all hazardous waste management facilities, an emergency response plan should be ! developed to addresS the potential for accidents and anticipate a coordination response. This plan, if activated, would create additional, presently unquantifiable, demand on local law enforcement, fire protection, energy and emergency medical service providers. ! (3) Incineration - The most common types o! incineration units proposed lot · handling hazardous materials include lixed hearth burner injectors, rotary kilns, I i IV-56 fluidized bec combustion units ol various types and pyrolosis systems, in genera! these systems require that solid material be shredded, or reduced in size through a similar process, prior to entering the combustion unit. Liquid wastes, on the other hand, are usually filtered to remove solids and then are injected into the combustion chamber in a spray or mist. ~vlany of the waste materials processed in this way have suffident heating values to allow the process to continue without the need for external fuel supplies. The by-prod~cts associated with an incinerator require a significant amount of monitoring by the Department of Health Services (DOHS). Thus, construction of such a faciliry would require the review and monitoring by personnel of the local DOHS. Because of the high heat associated with incineration the potential for fire hazards would be present. Stora§e of potentially flammable material would also present a fire hazard. The incineration process will require an undeterminable amount of energy resources for plant operation. However, recovery of heat as process steam or by co§eneration of electricity may be feasible. Development of such a facility would require preparation of an adequate emergency response plan in the case of fires or hazardous chemical spills. The potential for fires would result in additional demand on fire protection and emergency medical service providers. (4) Stabilization - Stabilization involves a process where by certain hazardous materials which cannot be recycled, treated 0r destroyed are rendered to com- pounds that are considered safe. The stabilization'or solidification process can be used on both liquid wastes and sludges. Liquid wastes and sludges can be solidified by use of special additives. Inorganic sludges can be fixed by adding lime and fly ash. Other wastes can be encapsulated in asphalt or polymar coatings for lengthy storage with the potential for ultimate retrieval. The facility associated with the stabilization process would appear as a large industrial building with silos for storage of any chemicals and tanks for liquid storage. The potential for fire hazard would exist, but flammable wastes are not as likely at this facility as at an oil recover facility. As undetermined amount of non-hazardous wastewater may be disposed into the regional wastewater treat- ment facilities and 'undetermined amount of water may be needed for the IV-57 stabilization process. An emergency response plan should be prepared to address the potential for accidents and anticipate a coordinated response. ()) Residuals P. epositor¥ - A residual repository is, in essence, a specialized ~andfiil accepting only a specific §roup o[ wastes. As indicated in the description of the repository (see Section II.P,), [t must meet the requirements of a Class ! waste management unit (Section 2~31, et seq., of Title 23, California Adminis- l~ative Code). At this time it is expected that the types of wastes that would be placed in the repositority would include inorganic solids resulting from the various treatment process. As the residuals would be low in organic contact, their inorganic compounds would be rendered relatively insoluble, and are among the most inert and immobile; thus, the environmental risk is low. The Potential for fire hazard is extremely low. The amount of water required and wastewater generated would be associated with the administrative and handling facility, and are expected to be minimal. It is not antidpated that significant impacts to fire protection, energy, emergency medical services, water and wastewater would occur. (6) Designated Landfill - The development of a landfill to specifically handle hazardous waste would result in similar impacts to public services as those impacts assodated to the residuals repository. Impacts to water and wastewater are expected to be minimal. However, if some l~otentially flammable wastes are stored, or organic wastes which could potentially decompose and release methane gas, then the potential for fire hazard exists and an incremental demand would occur to fire protection services. 3. Analysis of Significance Implementation of the Policies presented in Chapter IX of the Plan would result in a more thorough review of futu~'e projects and more control over the storage, handling, treatment and disposal of hazardous material currently generated in the County. This is a benefit, iai impact. Greater control of flammable materials may reduce the potential for fire hazards. IV-~$8 The six facilities which were reviewed have the potential to significantly affect public service providers, including fire, police, emergency medical, energy, water and sewer by creating an additional, presently unquantifiable demand on their services. Depending upon the type of waste treated and/or stored, the potential for fire hazards would exist. ~. - Mitigation The policies identified in the Plan §enerally result in beneficial impacts and do not req,,~re miti§ation. Development of future facilities would require additions to public services including fire and police protection, emer§ency medicai service, energy, water and sewer disposal. 1'he development of new hazardous waste handlin§ facilities within the County must undergo more extensive environmental review than has been presented in this document. Specifically, each service provider should be contacted on a case-by-case basis to determine availability and potential impacts. Site-specl+ic mitigation should be determined at that time. Prior to permitting any such facility an emergency response plan would be required though disclosures, per AB 218) and AB 3777. Residual Impacts Approval and adoption of the Policies and Goals within the Plan would result in generally beneficial impacts to public services and no mitigation is necessary. The development of future facilities could result in.impacts to public services, however, if site specific environmental review includes contact with service providers and provisions for adquate mitigation, there would be no residual impacts. IV-59 HUMAN HEALTH 1. Existin~ Conditions For purposes of discussin§ the potential human health impacts of hazardous waste management, a hazardous material may be defined as any substance or a -mixtuFe of substances which is toxic) corrosive) flammable, an irritant) or ~t strong sensitizer; which generates pressure through decomposition, heat, or other means; or which may cause substantial injury, serious illness, or harm to humans,'domestic livestock, or wildlife. Hazardous wastes are a subcategory of hazardous materials. The means, or pathways) by which hazardous waste can impact human health are called "routes of entry," which can be summarized as follows: (1) Ingestion (a) Through a liquid medium (water); (b) Thi'ou§h a solid medium (food) (2) Inhalation (3) Direct contact (across a dermal barrier) · Exposure to hazardous waste at treatment and disposal sites occurs most frequently by inhalation and direct contact. Oral'ingestion is often the result of accidental poisoning. With oral exposure, the onset of symptoms and the severity of symptoms are usually influenced by stomach content (absorption tends to be more rapid and complete on an empty stomach). Finally, the effects of expost~e to any hazardous waste is influenced by the route of entry, the concentration and volume of the waste, and the exposure time. Blood level studies are often needed to clarify the role of these factors as well as route of entry. IV-60 2. Impacts a. Policies and Implementation Stratel~ies - The policies contained in the proposed Plan are §enerally directed toward increasing accountability and documentation of hazardous waste generation and encouragement of safe treat- Tnent and disposal. The iollowing policies, however, may impact worker safety or pu~iic health, depending on specific conditions of implementation. Policy IV-E - Household Hazardous Waste - The Plan proposes both public education to reduce the use of hazardous materials in households and provision of "convenient disposal alternatives" to solid waste collection. In practice, such disposal alternatives consist of multiple recycling or collection centers which would accept limited quantities of household hazardous waste. Such collection centers are in fact small scale transfer stations 'and may impact the health of workers or nearby residents. However, in a well-designed and operated center, such impacts are expected to be smaII or nonexistent. Policy V-A - V-E Waste Minimization - Waste reduction or minimization includes techniques to reduce, avoid, or eliminate the amount and hazard oi hazardous waste which will need disposal. Techniques include source reduction, recyciin§ or reuse, and resource recovery. Waste reduction includes (1) reduction in the use of hazardous materials ~nd (2} reduction in the §eneration of hazardous waste. The primary human health risk associated with waste reduction is that faced by individual workers. This is especially true ior workers in closed spaces. For instance, oxygen deficiency may be encounterd in confined or semi-coniined spaces. Heat stress, noise, and water and air contamination may also pose henlth risks. Policy VIII-B: Sitin)~ Criteria for Off-Site Hazardous Waste Treatment Facilities - The Plan establishes objectives for siting criteria which would be applied to any new hazardous waste management facility. The objectives cite the health and safety of the County's residents, the facility's structural stability, protection of surface and groundwater quality, protection of the natural environment, safe transportation, and the County's social and economic IV-Gl development. The siting criteria are aimed at reducing the public health and environmental risks, but are limited to generic considerations by intent. The Plan recommends that a 'careful' local review be conducted for a specific proposal, includinE an environmental impact report and pub]ic health risk assessment, but does not mandate such stu~es. It should be noted that the sitin§ criteria as proposed are not, and are not intended to be, the basis for a comprehensive review of new faciIities. The criteria provide little guidance on evaluating the human health risks attendant to facility siting. Risk assessment is recommended for facilities handling specified waste types and located within one mile of immobile population. Policy VIII-C - Conditional Use Permit fpr Off-site Treatment Facilities - Implementation o! this policy will ensure f,,ll local review of on-site hazardous waste facilities. A Conditional Use ~Permit (CUP) could require an environmental impact report and a public health risk assessment in order to reduce the potential for human health risks. b. Potential Future Facilities - The Plan identi!ies a number of §eneralized treatment methods in which new facilities may be required to meet the County's projected hazardous waste generation in the year 2000. The treatment methods, or facility types, proiected to be required in 2000 are: o Oil recycling . o Stabilization o Residuals repository o Designated landfill Assuming the existing (1986) capacity to remain available throu§h 2000, a small shortfall in treatment capacity is also pro]ected for: o Solvent recovery o Incineration IV-62 Each of these facilities could have a significant impact on human health, depending on the nature of processed waste, facility size, type of equipment, and proximity to population. The health impacts may be produced through air pollutants or potential contamination of groundwater. Individual workers may also be affected by direct contact, but that is not expected to occur for the general population. The following is a list of potential means by which human health may be impacted by the facilities identified in the Plan. TABLE 4-7 MEANS OF HUMAN HEALTH IMPACT FROM POTENTIAL FUTURE FACILITIES Transfer and Storage Facility Air emissions, including particulates (incuding temporary storage o! and organic vapors; flammable household hazardous waste) materials Organics Recovery Air emissions; leakage spills leading to groundwater contamination Aqueous Waste Treatment Air emissions; odor; leakage spills Incineration Air emissions, including organics, me. tals, and particulates Stabilization and Solidification Air emissions; water effluents from a solidilication pond; leakage spills Residuals Repository and Air emissions; fire hazards; ground- Designated Landlill water contamination from degrada- tion of encapsulated materials. Currently, there are no active hazardous waste disposal sites located in San Diego County. However, the Plan pro)ects a need for both a residuals repository and a designated landiill by the year 2000. Location of these disposal facilities may potentially impact human health through release of particulates and vapors from iire or explosion; possible contamination of groundwater used as a source of drinking water (in portions of unincorporated San Diego County}; and health risks to on-site workers. IV -(~3 3. Anal ysis of Significance Human health impacts of the Plan's policies and implementation strategies are likely.to be minor, but individual instances of Plan implementation, including waste minimization programs at particular plants, or construction of collection centers for household hazardous waste, create potentially significant have -human health impacts which would require individual review and mitigation. Any new facilities, consistent with the generalized treatement methods identi- fied in the Plan, would have potentially significant human health impacts, due to potential release of contaminants into the air or water. 4. Mitigation Air Pollution Control - Ail applicable federal, state and Air Pollution Control District requirements must be met for any new hazardous waste management facility. For a detailed discussion, refer to Section IV.B. In addition, public health risk assessment shouid be conducted for certain facilities as discussed below. Prior to incinerating hazardous waste, the following procedures should be implemented in addition to installation of required air pollution control techno- logy. o Remove as much as possible of the bulky ahd unburnable waste from the fuel feed. o Reduce concentrations of lead, mercury, cadmium, chromium and zinc from the waste. o Reduce quantities of chlorinated plastics in the waste. o Reduce the amount of SOx emissions by diverting organic materials. o Workers exposed to ash (ash loader operators and truckers) should wear inhalation protect/on devices. 1V-64 Water Pollution ConTrol - All applicable federal, state, and Regional WaZer Quality ConzroI Board requirements must be met for any new hazardous waste management facility. At a hazardous w~ste disposal site, every effort must be made to maintain the integrity of the size so that no leakage occurs into underground aquifers. The site must meet specific design criteria including: the use of liners, leachate collection systems, leak detectors and groundwater monitoring systems. Worker Protection - Individuals assigned to work in pro>dmity with hazardous materiaJs require: medical surveillance, intensive trainin§, and special equip- ment inducling personal protective clothing and screening instruments. Worker saSety and training programs should be reviewed by the County. Particular focus should be placed on the possibility of c~ronic, low level exposure to to>dc, carcinogenic, and other hazardous agents. No person should be allowed to work with hazardous materials without access to an adequate health and safety training program. Health Risk Assessment - It is recommended that a health risk' assessment be conducted Ior amy new hazardous waste management facility. It is only through such an assessment that impacts to human health can'be adequately evaluated. Once the plant is constructed ~urtber monitoring by various regulatory agencies, including HMMD, will be conducted to insure compliance with the Health and Sa~et7 Code. - ' Residual Impact Once hazardous wastes are generated, they must be destroyed) recycJed or trans:[ormed into a non-hazardous status. To the extent that any hazardous wastes generated can be eliminated, reused or transformed, there will be no potential residual impact to human health. However, not al! wastes can be detroyed and/or recycled and some must be_ stored. For this reason, landfills and repositories exist forever, once created. The presence of landfills is a residual impact which cannot be mitigated. IV-65 F. WATER QUALITY 1. Existing Conditions Water Resources - The San Diego County Water Authority (SDC\VA), a member agency of the Metropolitan Water District of California (.MWD), delivers water on a wholesale basis to 27 member agencies, including 14 cities, 12 municipal water districts, and one county water authority. Approximately 95% of San Diego County's population is within the MWD service area. The SDCWA operates five maior pipelines which transfer water from the MWD pipelines near the Riverside County line throughout the San Diego region a~ far south as Otay Reservoir near the border of Mexico (see Figure The pipelines are located in two aqueduct corridors. The first two piplines are in the first aqueduct which terminates at San Vincente Reservoir. A subsequent addition to this aqueduct extends south to Sweetwater Reservoir. This aqueduct system supplies Colorado River water which is used for domestic and agricultural purposes north of Escondido, and an untreated mixture'of Colorado River and State Proiect water south of Esconcido. The second aqueduct has several pipeline appendages which deliver various blends 'of treated and untreated water to Fallbrook, Oceanside, Vista, Carlsbad and other points south. The water supply in San Diego County (and southe, m California as a whole) is largely dependent on imported water from northern California and the Colorado River that use the above-described systems. These two sources represent approximately 70% of the total County water supply. Other sources, including local groundwater and impounded surface runoff, constitute the remaining water supply in San Diego County. In addition to fresh water resources described above and depicted in Figure ~-4, San Diego County contains sensitive salt water systems which include: Mission Bay, San Diego, and numerous lagoons and estuaries which contain wildlile sanctuaries. IV-66 STATE AND LOCAL ~ot ,o scale ~ WATER FACILITIES MAP CALIFORNIA~ AQUEDUCT ~ Reservoir and Pipeline San Oie§o County Water Aulhoril ~.SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS J FIGURE 4-4 '~/ater quaii:,v - The composition of rocks which come in contact ~vith ground~vater I is a princiF~l factor influencing water quality. In the San Diego region, important geologic un~=s influendng groundwater quality include Late Cretacious granitic and j pre-Cretacious metamorphic rocks as well as Pleistocene and Tertiary sediments. Following is a discussion o! water quality characteristics in San Diego County as I infl-uenced by principal geologic conditions throughout the region. i San Diego Formation - Sediments of the San Diego Formation crop out extensively in the coastal plain section south of San Diego River, with thick beds present in Otay Mesa. Chemical analysis of groundwater from 22 wells indicate the waters are sodium chloride in character. The sodium chloride character of the ground- I water and its relatively high.Total Dissolved 5olids (TDS) is indicative of the marine origin of the San Diego Formation. Its water has only been partially flushed by rainfall which percolates through the soil to the groundwater. Chemical analysis of water from several wells in the mesa south of the Otay River shows an unusually high fluoride content (2 ppm to 5 ppm). ' I Capistrano and San Mateo Formations - These locally exposed water-hearing sediments are limited in extent. Selected data from five wells indicate that the average chemical quality of the water is variable. The water is sodium-calcium ! bicarbonate-chloride in character, which reflects partial flushing o! the water from these form atlons. Poway Conglomerate - A widely distributed sediment in the coastal plain north of San Diego, the Poway Conglomerate is locally water-bearing. Analysis of ground- 1 water from four wells indicate the chemical character generally to he sodium chloride-bicarbonate or bicarbonate-chloride. Groundwater from the Poway Con- 1 §lomerate (partly marine) appears to he partially flushed water as indicated by the predominance of sodium and chloride ions associated with the bicarbonate ion and ) the variability of the TDS concentration. La ]olla Formation - The La 3olla Formation extends northerly from the San Diego I River to 5an Mateo Creek along the coastal plain. Chemical analyses of groundwater from 21 wells located in this formation indicate an average chemical ) IV-68 character o-' sodium chloride. As indicated by the average chemicai character, this water is c~-ssified as water o( marine origin which has been partially flushed. In addition to the above considerations, it should be noted that San Diego County water quality is also degraded as a result of limited rainfall, the use o~ imported Colorado River water for irrigation and inlrusion o! seawater into certain~ aquifers. The' steadily decreasing quality of the county's §roundwaters is gar§ely the result of agricultur~ operations. Concentration of salts res,,Iting from evapotranspiration during irrigation has tended to increase salt levels. The application of fertilizers and agricultural pesticides has increased the water quality problem. Groundwater TDS buildup is particularly high in the vicihity of dairies where levels as high as 1,150 milligrams per liter (mg/l} are found. High nitrate levels have also been recorded. In residential and metropolitan areas, groundwater has been contaminated by poorly functioning septic systems. Leaking underground tanks have also contributed substantially to groundwater degradation. In ma~y locations large volumes o! petroleum product are floatin§ on the aquifer. 2. Impact a. Policies and Implementation Strategies - The Policies and Implementation Strategies set forth in Section IV of the Plan are summarized below. The Policies and Implementation Strategies for each section are followed by a discussion of potential impact assodated with water quality. ' Policy IV-A - Enst~e that new and proposed businesses using hazardous materials and generating hazardous wastes are screened by City and County regulatory agencies. Policy IV-5 - Ensure that complete and accurate information is available on ail hazardous waste generated, handled, stored, treated, transported and disposed of in San Diego County. Polic), IV-C - Ensure that all businesses are able to assume responsibility for hazardous waste management by proviclng technical assistance-in all aspects of the field. IV-69 Policy IV-D - Ensure timely and complete mitigation of contaminated hazardous I w~ste sites in San Diego County. Policy IV-E - Encourage reduction of household hazardous waste generation by ~ promoting saJe substitutes and recycling through community education to all residents o[ San Diego. Encourage the safe disposal o[ household hazardous waste ! by providing convenient disposal alternatives to aU residents of San Diego. To some degree, each of the above policies are already in place and implemen- tation is actively underway. It is, a~ of yet, too early to develop valid impact I related statistics regarding the implementation of these polities on water quality. Experience to date, however, indicates a very high probability that all impacts I {with respect to water quality) will be strongly benefidal. It is unlikely, however, that the benefits derived will be sufficient to offset the need for designated hazardous waste management facilities. This assessment is based on ! the Plan projections for future generation of hazardous waste. ! Assessment of potential impacts on water quality from implementation of the Plan must consider the fact that in many areas, background contamination levels are already high. This is due to historical practices in both the public and private ~ sectors which resulted in either advertent or inadvertent releases of contaminated I materials to the environment. Such releases have resulted in aquifer {~roundwater) · contamination in many areas of San Diego Countyl most notabJy in the downtown metropolitan area and surrounding environs. ~m Given the conditions that prevail, however, impacts associated with the implemen- I ration of the above policies would still be beneficial. Several large scale and hundreds of small scale remediation projects are currently underway which are ! resulting in the restoration of ~oundwater and surface water quality. As existing contamination levels are reduced, the above polities will serve to ensure that I future public and private sector practices are strongly focused on positive environmental goals. ! Although it is highly probable that the implementation of the above Polities will be beneficial, it should be stressed that the degree of benelit may vary over a broad .1 genereJ range, depending on the emphasis placed in certain areas. While enforce- ment agencies and environmental professionals are conversant with regulatory requirements, the majority of businesses engaged in operations handling or gene- rating hazardous materials do not understand these issues. As a gener~ rule, larger business, by virture of liability consciousness and greater resources, have a better grasp of environmental issues than sm~II businesses. Since small businesses far outnumber large businesses, the need for educational mec- hanisms becomes of major importance. All o~ the above summarized policies are important. It is recommended, however, that a spedal emphasis be placed on those policy components which ~ocus on education and information transfer. Such components include: o Inventory release reporting o Community right-to-know o Emergency contingency response planning o Employee hazardous waste training o ~,!/aste minimization resources It is recognized that the educational process and information transfer is already underway re§arcllng these issues. It is probable, however, that the benefit derived from implementation of the above polities wiI! be proportional to the level at which they are understood by those affected. Policy V-A - Encourage industry to reduce its hazar.dous waste by a Countywide goal of 3096 within the next five years by promoting waste minimization as the first priority in the hazardous waste management hierarchy. Policy V-B - Encourage businesses to conduct waste minimization Opportunity assessments to determine their potential opportunity for source reduction and recycling. Policy V-C - Establish a reward program to recognize industries that implement waste minimization successfully. IV-71 Polic',' V-D - Prepare an annual report on the progress of waste minimization in the Count}'. Policy V-E - Ensure that financial and technical assistance programs are available for hazardous waste minimization projects. The-m=_jorlty of adverse water quality impacts result from unauthorized releases to the en'zironment of materials which are hazardous but not necessarily wastes. Examples include underground storage tanks, disbursement of agricultural pesti- rides, and chemical product spills. Waste minimlzation practices do not reduce the bulk of non-~vaste products which routinely del~rade groundwater. In this respect, waste minmization polities will have no significant impact on water quality. On an annual basis, some unauthorized hazardous waste releases occur which degrade water quality. Waste minimization polities will promote the use of alternative approaches to the treatment, handiin§ and processing oi hazardous wastes. Water quality will be impacted positively to the extent that such practices reduce the overall potential burden to receiving water bodies which may result irom unauthorized release. Policy VI-A - Enhance the relationship between the Hazardous Materials Manage- 1 merit Division and the re~ion's Military in areas of common concern. Local military environmental and hazardous waste pro. grams are very active and .! cover a broad general range o~ project activities. Many of these activities are dedicated to improving water quality. An enhanced relationship between the ~i military and the HMMD may serve to generate shared inter-agency goals lot improvement of water quality. If so, it is expected that positive water quality I impacts would result. Policy VII-A - Ensure that adequate facilities are available to dispose of hazardous 1 waste and treatment residuals. J Policy VII-B - Encourage the application ol on-site treatment technologies to soils 1 contaminated [rom leaking underground storage tanks. J IV-72 [ Policy VII-C - Provide annual or semi-annual updates of hazardous waste genera- tion information and facility needs. These policies are expected to have a positive impact on San Diego County water quality. A policy which ensures that adequate facilities are available for casposal will reduce the possibility for contamination of soils s~stems (and subsequently water). In-place treatment of contaminated soil using techniques such as landfarming (biological degradation of organic pollutants), will serve to reduce the quantity of contaminants which might otherwise degrade water quality. This policy focuses directly on issues which impact water quality and therefore, implementation would provide positive results. Policy ¥III-A - Ensure the protection of the residents of San Diego County from risks associated with off-site hazardous waste treatment facilities. Policy VIII-B - Encourage the use of preferred alternative management techniques for specific hazardous waste streams which have incineration as the primary treatment technology. Policy VIII-C - Ensure that off-site hazardous waste treatment facilities are subject to complete local review. Policy VIII-D - Ensure that on-site hazardous waste treatment facilities are subject to full local review. Any procedures which focus on public protection and community review of hazardous waste treatment practices, will inevitably result in optimizing conditions which contribute beneficially to water quality. The Section VIII policies impact water quality indirectly through a review, comments and information transfer process which will affect management practices. Policy VIII-A establishes siting criteria for the location of future facilities. Relevant criteria relating to water quality include: IV-73 o avoidance of flood hazard areas, and, for residuals repositories, prohibit in areas subiect to 100-year flood. o locating facilities to minimize threats to drinking water. o locating ~acilities outside cone of depresion of wells and well fields and compliance with 5tare ',!~ater Resources Control Board and DH5 regula- tions. o design foundation to preclude failure due to high water conditions. o facilities monitoring for facilities handling liquids. o locate at least .5 mile from potential drinking water supply il sub- surface treatment or storage; and supply/provide increased spill con- tainm ent and. inspection Siting criteria pertaining to water quality must address any and all site specific conditions which bear or may potentially bear on water quality. Soil charac- teristics such as permeability, and groundwater quality and depth must be defined. Identification of whether or not the facility is located within a 100-year floodplain is required by law (CAC 22-66391}. This identification must indicate the source of data lot the determination and include a copy ol the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information is also required identifying the 100-year flood level and an)' other flooding factors (e.g. wave action) which must be considered in desigrdng, constructing, operating or maintaining the facility to withstand washout from a 100-year flood. Owners and operators of surface impoundments, waste piles, land treatment facilities, and landfills must provide information regarding the depth to the saturated zone or groundwater table, including seasonal high levels for ground- beneath the site and any aqthfers having hydraulic conti- known nuity. Before a permit can be granted to own or operate any type of hazardous waste land treatment facility, a closure plan must be provided which specifies the ultimate disposition o[ the site. Issues associated with closure plans are discussed later in this section. IV-7~ t\ topographic map showing a distance of 2.000 feet around the facility is required. The contour intervals on the map must be s~ffkcient to show clearly, the pattern of surface water flow in the vicinity of and from each operational unit of the facility. Other siting specifications potentially bearing on water quality include identifi- cation of surface waters including intermittent streams; surrounding land uses (residential, commercial, agricultural, recreational); injection and withdrawal wells, both on and off site; and buildings, treatment, storage or disposal operations, or other structures such as runoff control systems and storm, sanitary and process sewerage systems, and-Barriers for drainage and flood control. The siting criteria in the Plan, together with these requirements, would adequately address potentially significant water quality impacts from facility development. Polic¥ IX-A - Ensure that the Hazardous ~Vaste Management Plan is approved and ado pted. Policy IX-B - Ensure that the public has adequate information and opportunities to participate in decisions on hazardous waste issues. Policy IX-C - Ensure that the Hazardous Waste Management Plan is appropriate17 updated or modified to reflect new legislation and information. Policy IX-D - Ensure that adequate funding is available to update the Hazardous V/aste Management Plan and implement necessary programs. IV-7 .~ Policy IX-F- - ~-ncourase the dse of the data, polioes and recommendations of the Hazardous ~'aste ,',lanagernent Plan and its most recent updates in evaluating facility siting proposals. No direct application to water quality is applicable here, other than for benefits which would accrue .'rom enforcement and information transfer concerning the poli~ses discussed above in Section IV through VIII. (bi Potential FJture Facilities - The discussion which follows focuses on poten- tial water quality impacts associated with the types of future facklities described in the Plan. These are Solvent Recovery, Oil Recycling, Incineration, Stabilization, Residuals Repository and Desii~nated Landfill. In assess[rig potential impacts the following assumptions are made: (1)Each facility type represents state-of-the-art technology and is of a design type with a demonstrated success record. (2) Standards of "due care" in the design and construction of facilities are extended to encompass "reasonabl~' expectations of upset. Re§uJations governing these assumptions are already in place and are likely to become more, rather than less, stringent in the future. (Ii Solvent Recovery and (2) Oil Recover~. - The~e two technologies are treated together here because in practice they are often part df the same overall process. Spent or waste solvents are frequently contaminated with oils and vice-versa. The treatment process involves one or a combination of: filtration, distillation, storage (both of incoming waste and products for resale), and various transfer operations. Surface and groundwater contamination can, and in the past has, occurred in processes using ali of the above operations, t~ost such historical eventS can be traced to outdated facilities or poor maintenance and emergency contingency policies. IV-76 Filtration operations use pressure to separate materials. This pressure may be supplied by gravity, centrifugal force, pumps, compressors or presses. As such, spills and/or leaks can take place in flanges, valves and pump seals. ~aterials released in such a fashion can enter soil systems and subsequently impact water quality. Distillation effects separation of materials through application of heat or a combinaton of heat and vacuum. This separation takes place in tall towers which, during operation, contain large volumes of organic solvents and/oF dils. Leakage or spills from towers, pumps, pipe flanges, valves, seals, or process upset could potentially enter soil systems and impact water quality. Both filtration and dlstillation processes generate residual sludges which must be disposed of in an environmentally safe manner. Depending on the manner of disposal (i.e. landfill, solidification, etc.) additional potential for water quality impacts exist. .Incoming waste and outgoing product storage is facilitated in tank farms located on the treatment facility property. Tank farms consist of a series of above ground, l~rge volume, storage tanks of the variety seen in petroleum refineries. Spill conditions can exist in the tank farm area as a result of pumping operations or damage to pipelines, valves, or tank integrity. Under such conditions, the potential for ground or surface water contamination exists, Transfer operations pertinent to solvent recovery and oi! recycling are primarily limited to pumpin~ and pipeline systems along with the associated transport of incoming waste and outgoing produce via public routes. As indicated earlier, pumping and pipeline systems are subject to leaks through seals and flanges. Such leaks constitute potential environmental impacts. Potential impacts associated with transport of materials are discussed in Section [V-A of this document. (3) Incineration - Inclneration systems, whether of the rotary kiln type described in the Plan or of an alternative design type such ~s fluidlzed bed, will involve: IV-7 7 waste pretreatment (in some cases), waste transfer and storage, combustion zone(s), particulate removal from gaseous effluent, exhaust gas scrubbing (for some types of waste), and bottom (i.e. residunl) ash disposal. Most of the above considerations are not significant in terms of water quality impacts. Those which are potentially significant should be separated into two categories: those impacts which are on-site and a direct function of process operations, and those impacts which are transferred to a secondary location. The only potential on-site impacts are those assodated with waste i~ansfer and storage and in some instances, pretreatment operations. Ground contamination and subsequent water quality impacts could result from spills during the transfer process or from leaks in storage containers. Typical pretreatment operations include removal of metals from liquids, removal of non-combustible solids from the waste matrix and concentration of materials with greater thermal value such as the removal of organics from a water matrix. Impacts to water quality may result from pumps, valves and seals and disposal of the non-indnerable portion of material removed from the waste matrix. Secondary impacts to water quality pertain to wastes that are moved off-site and disposed of by alternative meanS. Gases which are given oif as a result oi the incineration process must be treated before they are released to the environment. Large particulates from these off gases are trapped in cyclones. Small .or iine particulates are trapped in a baghouse contalnin§ fil{er bags, similar to, but much larger than, bags used in household vacuum cleaners. Once ali particulate has been removed, the gas stream may be passed through a scrubbing system to remove any acid gases which may be present. Residual or non-combustible heavy materials fall to the bottom of the incinerator as bottom ash. Incinerator bottom ash, cyclone particulate catch, baghouse particuJate catch and scrubber sludge are examples of the secondary impact category. In many instances, these materials are still hazardous because they contain heavy metals or other constituents which require wasting to landfills, fixation, or some other technique. Potential impacts to water quality from these types of hazardous waste management systems is described in the following subsections. (4) Stabilization - Stabilization, sometimes referred to as fixation, employs a waste treatment approach which alters svaste characteristics in such a way that the resulting material becomes environmentally safe. This is to be differentiated from standard iandfill operations which intern wastes but do not ~Jter them chemically or physically. Examples of stabilization include mixing w~ste materials with cement (known as cementation), or with polymers which are subsequently cured or compressed into blocks or cylinders. The resulting stabilized matrix may or may not then be encased within an impermeable material in a process known as "encapsulation". The purpose of stabilization is to "Qx" hazardous w~tes in such a way that water quality wo,,Id not be affected. This invol,~es physical alteration of materials so that they are not extractable Oeachable) into ambient water systems. Potential water quality impacts are possible for stabilized wastes, however, because it is impossible to predict at current state-of-the-art how permanent the stabilization process is. A~in§ studies have been conducted on the sedimentation and at least one polymer process. In some cases accelerated a§ing studies have been done. The res, Its to date are generally favorable; but still inconclusive. The possibility of future crackin§ of the finished product or de§radation of the matrix exists, thus allowing water channelin§ and subsequent ground or surface water contamination. (2) Residuals Repository - Repositories for treated residuals are a combination of long-term holdin§ facilities and short-to intermediate-term holding stations for materials which may have some future resale or r~cycle value. Unless a ma)or upset event such as earthquake or fire were to occur, significant impacts to water quality would not result for the followin§ reasons: o Only solid materials resulting from hazardous w~ste i~eatment are accepted, o No free liquids are accepted thus negating the potential for spills, o Hazardous organics would not be accepted unless stabilized, thus minimizing the potential for §eneration of contaminated leachate, o Samplin§, analysis and monitoring protocols would be stringent and frequent, providin§ an opportunity to apprehend and abate any problems before serious dama§e could result. IV-79 (6) DesignatedLandfili - Due to the comprehensive regulatory provisions under RCRA wnich are further augmented by the State of California, risks of ground- water contamination through liner or barrier breaching are remote. State-of-the- art landfills require comprehensive leachate monitoring and regularly scheduled samplying and analysis programs which are designed to be very effective at recognizing and abating potential environmental threats. Furthermore, record- keeping and hazardous material ~racking procedures have become well defined and very ef fident. Also, currently in-place regulations mandate timelines which will substantially limit the hazardous nature of landfills. Current RCRA regulations, for example, stipulate that after 1990, disposal of all untreated hazardous wastes will be banned. The general regulatory intention will be to move in the direction of the previously described residuals repository. Consequently, future landfills will be very carefully designed, and strictly regulated. Such facilities will not create poten- tially significant impacts to ~vater quality. 3. Analysis of Sl?~nificance Implementation of the Plan policies would result in beneficial impacts to water quality due to local administering and monitoring of hazardous waste treatment. A I summary of potential impacts to water quality in San Diego County associated with each of the six facility types is described below: .. ! (1) Solvent Recovery and (2) Oil Recovery - Leakage or spills from towers, pumps, pipe flanges, valves, seals, or process upset could potentiatly enter~i soil systems and significantly impact water quality. ! (3) Incineration - Ground contamination and subsequent significant impacts to water quality could result from spills during the transfer process or from leaks in storage containers. Pretreatment operations (where applicable) could also create potentially significant water quality impacts as a result of leaks or spills from pumps, valves and seals and disposal of the non- , lncinerable portion of material removed from the waste matrix. I IV-gO (4) Stabilization - The possibility of future cracking of the finished product or degradation of the matrix exists, thus allowing water channeling and subse- quent ground or surface water contamination. This is considered a poten- tially signilicant impact. (5) Residuals Repository - Short of some maior upset event such as earthquake or fire, potential impacts to water quality would be negligible. (6) Designated Landfill - Such facilities will not create potentially significant impacts to water quality. Each of the above identified potentially significant impacts would only take place if repetitive and large scale occurrences were allowed to take place over time without correcti°n. Given current engineering practices and strictly enforced quality assurance and maintenance policies, it is highly unlikely that a level of negligence would arise to the degree that significant water quality impacts could result. Mitigation It should be noted that the maiority of potential impacts summarized above are related to: facility maintenance and upkeep; employee and operator training; and appropriate safety measures built into facility design. Mitigation measures must, therefore, address these issues. Leaks from valves~ [~ump seals, and flanges result from poor maintenance practices. Valves and pump seals leak as a result of worn or poorly adjusted packing. Pipe flanges (those places where sections of pipe are ioined together) can leak as a result of worn gaskets or loosening from vibration or use. For some older plants, in heavily industrialized areas, poor maintenance practices have, in fact, resulted in environmental impact. Because regulations for new facilities are very stringent on the subject of facility maintenance and upkeep, the probability of impact to water quality is remote. Operating procedures which will be standard in terms of employee training, health and safety, industrial hygiene, plant maintenance, sampling and analysis, and IV -$ l environmental monitoring, will greatly minimize the potential for adverse impact to water quality. However, in order to insure that no significant impacts occur, proposed facilities would be subiect to existing regulations, as well as recommendations from site specific environmental review and risk assessment. Safety measures built into facility design, such as spill berms, pressure release systems, emergency contingency and response plans, and release containment vessels, further serve to reduce the risk potential for these impacts to'occur. With respect to possible degradation of stabilized matrices, an acceptable miff- ga*ion measure would involve above ground storage in repositories of the type discussed above, or in designated landfills sited in locations where aquifers are deeply situated. As aging data become more clearly resolved for various stabilized materials, less stringent siting criteria for disposal sites may become more feasible. 5. Residual Impacts With application of miffgation measures, no significant residual impacts would remain. Because the issue of facility closure is of concern, this is addressed here. Once hazardous wastes are generated, they become permanent (albeit isolated) components of the environment unless they are: physically destroyed in an environmentally safe manner, recycled for alternative use, chemically transformed to non-hazardous status. For this reason, landfills, repositories, and stabilized matrices exist in perpetua, once created. When maximum design capacities are reached a procedure called "closure" must be implemented. This procedure basically involves capping the landfill and barring any further disposal activities. Closure activities are carefully regulated on both Federal and state levels and generally include regular post closure monitoring. This then, is a residual condition which at current state"of-the-art is inevitable. Properly handled, however, post closure sites should have no negative residual impacts on water quality. IV-$2 G. LAND USE Overview - This section describes the land use trends and policies in the County of San Diego and the relationship of land use to the existing and proposed industrial use locations suitable for the siting of a hazardous waste facility. Land use patterns established in the County are a result o! traditional growth trends and topographical/environmental characteristics. 1. Existin~ Conditions San Diego County is located at the extreme southwest corner of California and the continental United States. It is bordered by Orange and Riverside Counties to the north, Mexico to the south, Imperial County to the east, and the Pacific Ocean to the west. Figure ~-I is a map of San Diego County. The County is approximately ~,261 square miles in area and varies in terrain from coastal to mountainous to desert. The estimated 3anuary 1987 pop,,lation figure for the County was 2,2t+0,6~0. The County of San Diego consists of 18 incorporated cities: Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista. These r_it[es range in population (1987) from 3,0~ {Del Mar) to 1,022,393 (San Diego} and are generallyJocated along the coastal corridor or in one of two east-west trending corridors. The .remainder of the County not located within the aforementioned incorporated cities is under the )uriscliction of the County of San Diego. Growth Trends - Existing population density and growth in the region generally rac~ates from the downtown urban core of the City of San Diego (see Figure ~-3). As the Pacific Ocean to the west acts as an absolute barrier to growth, all Land use development has occurred to the north in coastal commuhities {Del Mar, Encinitas, Solana Beach, Carlsbad, and Oceanside); to the south primarily along the coast (National City, Ch, la Vista, and Imperial Beach); and to the east (Lemon Grove, La Mesa, El Cajon, and Santee). A smaller growth corridor exists to the east of the City oi Oceanside (Vista, San Marcos, and Escondido). IV-83 MAXIMUM POPULATION DENSITIES BY CENSUS TRACT 1000 or less per square mile ~ t""="~ lO01-6000pers(:]uaremile, ~" --'--~__ ~ '; ~ 6001 or more per square mile SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS ~/ FIGURE 4-5 I Future growth in the County is expected to occur in generally the same pattern and particularly in several key areas. The Carisbad area in .North County has experienced growth in housing, and commercial and industrial useage. Future expansion in the area, particularly alonE Palomar Airport Road (toward the east) is en vi si on ed. The l=scondido area and Interstate I5 corridor to the south have experienced active construction in a broad range of land uses. There is still a large area of developable land and residential and industrial development will continue in the future. For the present, development along Interstate 15 will generally only occur in this strip paralleling the freeway. The area inland from Del Mar is the location of a major residential development. Construction of homes and support commercial facilities wi[[ occur to the east of Interstate 5. A large area adjacent to the Mexican border and lying within both the City of San Diego and the County of San Diego is presently underdeveloped but is anticipated to be the site of intensive industrial and residential development. Otay ~viesa, as the area is known, encompasses a lar§e area of relatively flat land. The relationship of the location of existing and proposed population densities to the location of industrial areas is important witch the scope of this section, as hazardous waste treatment and storage facilities'are a land use which should §enerally be confined to "heavy" industry areas. It is important to determine the intensity of allowable industrial use. "Light" industrial or "industrial par~' designations generally would not allow hazardous waste facilities. Also, all potential locations are subject to meeting siting criteria and local land use approval. I~igure q-G shows the location of the industrial-designated areas in the County. The designated areas are located in almost every local jurisdiction in the County and provide more than 18,000 acres ol vacant land and over 13,000 acres of existing industriallY developed land as potential facility sites. Figure 4-6, which is taken IVo$5 DESIGNATED "GENERAL AREAS" IN SAN DIEGO COUNTY · / OCEANSIDE VISTA ' CARLSBAD 3NDIDO ENCINITA~ ' I £xi$11n~J (E]86) DEL MAIPOWAY ~- ~ ~'utur¢ (Cnner~l Plans) ~ DEVELOPED AND DESIGNATED SANDIEGO .INDUSTRIAL LAND CITY CORONADC C?IULA VISTA IMPERIAL BEACH SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS Iv-s6 FIGURE 4-6 ~ from the Plan, is meant to illustrate the extent and distribution of siting opportunities in San Diego County and is not intended as a recommendation for facility sites. The City of San Diego contains the largest concentration of industrial areas in the CounTy. Within the City are numerous pockets of industry. One of the largest areas is Kearny Mesa, which is generally bounded by Interstate 805 on the west, Interstate 15 on the east, and Ctairemont Mesa Boulevard on the north. Onlysmall commercial strips along several of the maior thoroughfares and the Montgomery Field general aviation airport interrupt the industrial useage in this area. Miramar Road/Sorrento Valley also contains a great number of industrial users. This industrial area is more spread out than Kearny Mesa and reaches from west of Interstate § to east of Intecstate 15, all north of the Miramar Naval Air Station. The area is not fully builtout and construction activity is constantly present, particularly in eastern Sorrento Valley. The rest of the City of San Diego's existing industrial areas are scattered about the City, generally along major transportaticm corridors - both roadways and railways. The Interstate 5/railway corridor is the most noticeable of these areas. The "City of San Diego Progress Guide and General Plan" identifies several areas proposed for or assumed to be future locations Of industrial use. The largest area is Otay Mesa. A portion of P. ancho Bernardo west of-Interstate 15 has eyJsting and proposed industrial development, In addition to industrial sites located within the City of San Diego, other municipalities and the County of San Diego have concentrations of existing and proposed industrial use. Within the City of Oceanslde, industrial use is located in the vicinity o! Oceanside Boulevard; Carlsbad has an existing and projected industrial area in the vicinity of Palomar Airport; El Cajon has existing industry near Gillespie Field; and there are industrial areas in Esconcfido, Poway, National City, Chula Vista and the community of Lakeside. Naval yards located along the San Diego Bay and within the cities of San Diego, National City, and Coronado also have existing industrial usage. IV-8 7 Existing Location of Waste Generation - Hazardous waste is presently generated by a number of sources and scattered throughout The western half of the County (see Figure 4-7). Hazardous svaste generation locat~.ons, in general, correlate with the density growth patterns mentioned previously. As can be seen on the map, hazardous waste is generated primarily in the Sam Diego City urban core; south along the San Diego Bay (particularly in the Navy areas); east to El Cajon; and north with concentrations in Kearny Mesa, Miram~r/Sorrento Valley, Oceanside, and Escondi do. Of a total of 93,100 tons of hazardous waste generated (1986), the majority came from the central San Diego region (see Figure ~-$) which ex~ends from Point Loma to La Mesa and from the San Diego River to Chula Vista. Of this, 51,147 tons, or 55% of the total County generation, came from this area which includes the Naval yards. The North City area contributes 27,982 tons of waste or 30% of the regional total. When combined with the central area, these two areas account for a full g0% of the hazardous waste generation. When broken down by mtnicipalities and agendes, the City of San Diego generates 40,911 tons, or 43.9% while the Navy accounts for 21,034 tons,or 22.6%. National City (in the vidnity of the Navy yards) generates 17,897 tons,.or 19.2%. Existing Location of Treatment Facilities - There are currently nine existing off- site hazardous waste treatment and storage facilities, most located near the heaviest concentrations of hazardous waste generation areas (see Figure 4-I). Five of these facilities are located on the east side o} San Diego Bay, the location of many "heavy" industries. NAS North Island on the Coronado Island manages 32% of the County's waste. The three remaining facilities are in Old Town, Lemon Grove, and 5an Ysidro. The capabilities of each of these facilities are described in Table 4-8. 2. Impacts Policies and Implementation Strategy - The siting of hazardous waste treatment and storage facilities could have an impact on both the residential and working IV-SS TABLE 4-$ CAPABILITIES OF OFF-SITE FACILITIES Facility Location Type of Treatment Notes Appropriate Chula Vista Aqueous Treatment, Active Operation Technologies Solvent Recovery Oil Recycling Oil/Water Separation Other Recycling Stabilization Aztec Oil San Diego Transfer/Storage Active Operation only of oil and wastewater Baren- San Diego Solvent Recovery Active Operation Blakeslee NAS North Coronado Aqueous Treatment Permitted to handle Island Oil Recycling Navy waste only Oil/Water Separation Nelco National City Oil Recycling Active Operation Pacific San Diego Aqueous Treatment Active Operation Treatment Solvent Recovery Oil/Water Separation Other Recycling . Stabilization Pepper Oil National City Oil/V/ater Separation Active Operation Safety Kleen San Diego Solvent Recovery Active Operation Triad Marine San Diego Oil/Water Recovery Recently purchased by Pacific Treatment and serves a~ satellite facility. IV-S9 LESS THAN 1OO IOOTO 1000 TONS OF HAZARDOUS WASTE 'GENERATED IN 1986 ALL TREATMENT CATEGORIES SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS IV-90 FIGURE 4-7 ~, 1986 ~ASTE GENERATION BY MAJOR STATISTICAL AREA AND JURISDICTION 4 NORTH COUH1-Y WEST 4116 Tons 4.4% 5 NORTH COUN~ ~--AST 2700 Tons 118 Tons 0.1~ ~ .ORT~ c,T~ 27982 Tons 3 FAST SUBURBAN' 30.0: 3169 Tons ~ d.ie- 3.4% 51147 Tons 54.9[ 3884 Tons 4.2% 1986 HAZARDOUS WASTE GENERATIOI~ BY JURISDICTION ~ .1,,.(oieti~n' 1986 % o~ T~ sdict ion' Ton= Toui SOURCE: SAN DIEOO ASSOCIATION OF GOVERNMENTS [v-91 FIGURE 4-8 populations in the vicinity of the facilities and on existing land use policies of the affected jurisdictions within the County of 5an Diego. The Plan has identified a number of policies intended to effectively address hazardous waste issues, and to reduce the volume of waste generated. Those County of San Diego policies which may have an impact on land use are as f o li'o',v s: IV-A New Businesses Generatin)~ Hazardous Waste Such businesses should be screened by City and County agencies to ensure that all of the proper permits have been obtained and provisions in place for adequate mitigation measures. Inherent in this policy is a concern that the proposed new business does not impact existing populations resicing and working in the vicinity. IV-E Household Hazardous Waste This policy encourages the sa~e disposal of household hazardous wastes by providing converdent disposal centers for such wastes. Potential Land Use Impacts would occur if such disposal centers were not attended to by authorized persons, and located within close proximity to residences. VII1-A Sitin~ Criteria for Off-Site Hazardous.Waste Treatment'Facilities This policy is intended to ensure the protection of the residents of San Diego County from risks associated with off-site hazardous waste treatment facilities. Such factors as the size and intensity of a hazardous waste facility would have a correlating impact on surrounding land uses, particularly those with a high density factor. Proximity of Populations Siting criteria states that if handling ignitable~ volatile or reactive wastes~ a facility should be 2000 feet away from existing and desig- nated residential areas unless it can be demonstrated that the public is protected. Each proposed site should be studied on a case-by-case basis depending upon type of facility and density or surrounding land use with IV -92 2000 feet used as a minimum distance. Additional consideration should be given to land uses in which a large congregation of people are assembled at one time, such as companies which employ a large number o! people. Relative mobility and the capacity ol iocaJ transportation systems to handle mass evacuations should be studied. Proximity to Immobile Populations Criteria states that if handlin§ ignitable, volatile or reactive wastes within one mile of a [acility, risk assessment should be dones. Immobile populations include child care facilities, elementary/high schools, hospi- tals, convalescent homes, and prisons. LocaJ governments should consider location of existing hazardous waste facilities in granting permits for such land uses. Conversely, risk assessment for proposed hazardous waste facilities should be very comprehensive when being planned in the vicinity of established "immobile population" facilities. Structures Fronting Minor Routes Transportation routes of hazardous waste should avoid, when possible, residential areas, hospitals, and schools. Risks to populations alon§ the route should be evaluated. Location of Populations aJong the route sho,,ld be evaluated. Location of established hazardous waste transpor- tation routes should be considered when new residential, commercial, or public facility deveJopments are proposed. ¥1II-C ConditionaJ Use Permit for Off-Site Treatment Facilities This policy would ensure that off-site hazardous waste treatment facilities are subject to complete locaJ review. This requirement for a Conditional Use Permit would ensure that treatment facilities could be further scrutinized and put through locally-relevant screening process. VIII-D Conditional Use Permit for On-Site Treatment Facilities Refer to previous policy. Consistency with Existing General Plans - The existing and Potential sites for hazardous waste treatement and storage all Jail within either the County of San IV-93 or in one of the incorporated cities within the County. Although J Diego jurisdiction, the Plan encompasses all areas o[ the County, the various General Plans of potentially affected areas may have an impact on the siting of facilities. Using i Figure IV.G-4 as guide to potential sites, the following jurisdictions ma), be significantly aifected: County of San Diego, City of San Diego, Oceanside, I Escondido, Carlsbad, El Caion, National City, and Chula Vista. City of San Diego - The City o! San Diego "Progress Guide and General Plan" i establishes a number of "General Industrial" areas throughout the City. There are of 4# designated industrial areas reaching from Rancho Bernardo to San I a total Ysidro. The City has ~vo distinct industrial land classifications= (l) areas for manulacturin§, scientific and corporate headquarters; and (2) areas for servldng, ! warehousing and wholesaling. In addition to the "Progress Guide and General Plan", the City has established a series of Community Plans which further refine the land use categories and indicate specific areas for industrial development. Some community plans have as many as five different categories for delining industrial USe. I Any siting of a hazardous waste facility would have to conform to the regulations in the San Diego General Plan, and consequently the requirements of zoning and other land use-related ordinances. The City has also established a racom !· any mended Land Use review procedure for hazardous waste treatment facilities. Any such land use development would be subject to .a Conditional Use Permit (see · Appendix F for procedures under the City's Ordinace)..The Conditional Use Permit (Ordinance 0-16931 for the City of San Diego) is a means by which local governments can more fully regulate hazardous waste facility projects, as Planning ~m and zoning Regulations do not normally provide for hazardous waste facilities. The City of San Diego General Plan is very general in terms of the applicability of land use polities to hazardous waste management. It is difficult to determine the ! impacts o! siting a hazardous waste treatment and storage facility within the City of San Diego without first establishing a specific location. ! County of San Diego - The County of San Diego's "Land Use Element" provides the framework within which the Plan can be analyzed. The Regional Land Use Map is ! organized to cover all unincorporated areas of the County. The map delineates seven regional categories, each of which has certain limitations on future develop- ment. The regional categories, however, define genera! land use trends and do not specify land use designations. The County is further defined by a series of Community and Subregional Plan Maps. DeSignations at this !evel are more detailed and give a better indication of existin$ and expected land use. The County has two industrial designations which are based on the potential nuisance characteristics or impacts of a use: (1) Limited Impact Industrial, which provides for manufacturing and industrial uses which exhibit few or low nuisance characteristics and which are conducted within enclosed buildings, and (2) General Impact Industrial, which provides for uses exhibiting moderate to severe nuisance characteristics. The County of San Diego is recommending that local governments, including itself, pattern their requirements for processing Conditional Use Permits for hazardous waste facility pro)ects by that review procedure establishe~l by the City of Escondido. As with the City of San Diego, specific site locations will have to be determined before impacts can be fully assessed. City of Escon~ido - The City Draft General Plan has established two industrial development land use categories; (1) Planned Industrial, and (2) General Industrial. Planned industrial developments are considered plann, ed, grouped concentrations of industrial and research and development activities which do not involve outdoor activities. General Industrial allows manufacturing and wholesaling activities. The City of Escondido has an established procedure for obtalhing a Conditional Use Permit for a hazardous waste facillty. The County of San Diego has recommended that this ordinance be used as a model for other local cities to follow in order to ensure more local control over the siting of hazardous waste facilities. These procedures are shown in Appendix G. City of Carlsbad - The "General Plan Land Use Element" for the City o( Carlsbad establishes only one category for industrial use -- Planned Industrial. No mention is made of specilic types of industrial use, and therefore, no determination of impacts to their General Plan can be made at this time. IV -95 The Oceanside General Plan has a total of three industrial land [ City Oceanside use zones. They are Light Industrial, General Industrial, and Industrial Park. It does not appear that a hazardous waste facility would be in conflict with the Genera~ Plan, but exact siting of the facility would be necessary to exactly determine any impact to the General Plan. i City of El talon - El Cajon has a large industria~ area as identified in the "El Cajon General Plan - 1990". The Plan identifies three categories of industrial use: Industrial Park, Light Industrial, and General Industrial. The General Industrial [] designation, on which a hazardous waste facility may be allowed, does not detail m requirements. Impact assessment is not possible without first knowing the exact mi location of a hazardous waste treatement facility. An upcoming G.P. Amendment m anticipated by end of 1988, will eliminate the General Industrial Category. m City of National City - The "National City Updated General Plan" is very general in terms of land useage. It does, however, place industrial land use into four , categories: Light Manufacturing, Medium Manu~aciuring, Heavy Manufacturing, and Tidelands Manu:[acturing. City of Chula Vista - The City of Chula Vista is currently in the process of amending its General Plan. The existing General Plan has two Jesignations for m industrial use; Research & Limited, and General. Permitted industrial uses are rather than' through the use of long lists of m controlled by "performance standards" permitted industries. ' Potential Future Facilities - As a "heavy industry/' use, hazardous waste treate- m ment and storage facilities could have a significant impact on adjacent areas, m Facilities should be as far away from population concentrations as is feasible to ensure public safety to avoid an unpleasant nuisance. It appears that many of the areas designated as potential locations lor hazardous waste treatment and storage m facilities {Otay Mesa, Carlsbad, Sorrento Valley) are sufficiently removed from heavily populated areas. Others are located dose to ex~sting populations (National m m City, Lindbergh Field). IV-96 m There are f?/e basic types of hazardous waste management facilities. The type of waste management facility proposed for a particular site may have a differing degree of impact on the surrounding community. o Transfer and Storage - This is a facility which stores small amounts of hazardous waste until a sufficient amount ha~ been collected to economically move it to a treatment or recycling facility. The on-site operations of the one to ten acre facilkty would not have a significant impact on surroundin§ areas. Noise and hazardous risk impacts, however, could be a problem due to truck and train traffic. According to Table [ of Appendix Ill-A of the Plan (See Appendix D of tnis document) transfer stations may involve up to 7~ incoming trucks per week or up to 38 incoming trains per week or some combination of both. o Treatment (Aqueous) - A liquid waste treatment facility may range in size from approximately 3 to 30 acres and employs physical and biological processes to treat waste. A large facility can treat 200,000 tons or more of liquid wastes annually, the transfer of which would involve the arrival of between 120 - 230 tanker trucks or approximately 120 rallcars weekly or some combination of both (see Appendix A). A facility of this type would impact the surrounding area by posing a potential health risk from contaminated air and water. Truck trsJ[fic, much greater than that of the transfer and storage facility, could cause noise, tratfic~ and hazardous risk problem~.' o Recycling - A recycling facility recovers liquid organics, distills sol- vents, and re-refines oil and may be likened to a small refinery. The facility covers approximately the same area as a storage and transfer facility. As with the other proposed facilities, the siting of a recycling plant may cause potential health and hazardous risks to people residing and working in the vicinity. o Solidification and Stabilization - This facility solidifies liquid wastes and sludges by the use of special additives and encapsulates other · ~.astes in asphalt or plastic coatings. The size of a solidification IV-97 facility ranges from one to ten acres and annual output can range from I ~,000 tons to IO,OOG tons· Transportation requirements ~vill vary depending upon output and, therefore, impacts associated with ~ t~ansport also vary. o incineration - incineration involves the burning of orgar~c liquids and ! solids that cannot be reclaimed economically. Incinerators range in size, depending upon the amount of hazardous waste to be burned. ! Large incinerators require ~ to ten acres and can handle as much as 100,000 tons annually. The storage tanks, support buildings, and tall I smoke stacks in these larger facilities can be visually obtrusive to residents in the surrounding area. Also, up to 92 trucks could be ~ utilized per week wt~ich may cause potential noise and hazardous risk problems. I Adoption of the Plan wouJd have no direct impacts to existing and proposed land use. However, future construction of hazardous waste treatment and storage J ~acilities could have a significant impact on adjacent land uses and on land use policy issues. Hazardous risks associated with on-site operations and truck/train trips co, Id be significant. Water and air contamination could pose a potential threat to surrounding Populations. Noise generated from trucks could have an I adverse impact on persons living along the route. Finally, some facilities require tanks, smoke stacks, etc. which may have an aesthetic, impact. I The level of significance of siting a hazardous waste facility, however, cannot be fully determined until a comprehensive study of a specific site location and type of ! facility has been undertaken. 3. Analysis of Si~niIicance Adoption of the Plan would have no direct impacts, however, implemention includes potential development of facilities. Construction of hazardous waste ! treatment and storage facilities could have a significant impact on adjacent land uses and on land use policy issues. ,~lso, neighborhood hazardous waste centers could create potentially significant land use incompatibility impacts. The level of ! i IV-95 J signilicance, however, cannot be determined until a comprehensive study of specific site locations has been done. ~. Mitigation A number of measures can be taken to mitigate potentially significant impacts res'Hting from future construction of a hazardous waste facility. The policies delineated in the Plan should be followed to reduce the generation of hazardous waste and to lessen the impact on surrounding areas. Site and proiect specific Environmental Impact Reports should address potentially significant impacts to adiacent land use. Public Health Risk Assesments should be comprehensive and applicable to the partioJlar site. For neighborhood hazardous waste collection centers, such centers should be attended by an authorized person to collect the wastes, and such centers should be located away from residences. Residual Impacts If the recommended mitigation measures of this EIR, as well as those contained in future proiect-specific EIRs, the development of a hazardous waste facility would not have a significant impact on land use. IV -9 9 H. ECONOM.ICS I. Existing Conditions San Diego County - In 1986 (the year ior which the Plan has analyzed data on waste generation}, the County of San Diego had a population of approximately 2,166,000 - and 'employment of 1,031,000 (San Diego Association of Governments, 1987). The County's economy has become increasingly diversified, shifting from an industrial mix heavily dependent on the military and aerospace industries to one in which other technology-oriented and high growth sectors, such a computer and electronic manufacturing, services, and finance and real estate, have a si§nificant role. Gross regional product, which is the sum of all goods and services produced in the County was $39.§ billion in 1986. (Greater San Diego Chamber of Commerce, 1988). Despite the large number of establishments located in the County (over qY,000 business establishments with Payroll)~ significant quantifies of hazardous waste are produced by only a few industries. The Plan indicates that .~ establishments (induHing the U-S. Navy as one establishment) account for 60% of aII hazardous waste produced in the County. The establishments, however~ are very large. The Navy employes over 100,000 military and civilian personnel. A number of the other establishments employ between 3,000 to 9,000 persons. Waste Minimization - Waste reduction refers to in-plant practices that reduce, avoid, or eliminate the generation of hazardous waste so as to reduce risks to health and environment. Typically in industry, hazardous waste reduction has been included in existing pollution control efforts. In that case, waste reduction would generally occur at the final manufacturing stages. Companies with major waste reduction programs, howevers often shift waste reduction to the production arena. This can result in a greater quantity of waste reduction with more efficiency. Federal regulatory programs armed at pollution control are, in themselves, sometimes counterproductive and inatten'Jve to waste reduction. They ~re mostly driven by available, proven pollution control technology· Telling industry to comply .xith pollution control regulations and simultaneously reduce waste iBnores practical limits to industrial resources. Regulatory compliance is expensive. For many companies, capital investments for pollution control and the costs of regulatory compliance can foreclose any but the simplest efforts at waste reduction, even though successful waste reduction will very quickly reduce reBulatory compliance and waste m.~,nagement costs. The difficulty for a Benerator, then, is to continue to invest and spend on regulatory compliance and improved waste management while at the same time investin§ and spending on waste reduction. Implementation of the RCP. A Statute for waste reduction was initiated by the Cniifornia State Legislature by passage of the 1985 Hazardous Waste Reduction, RecyclinB and Treatment Research and Demonstration Act. This act sharpened the lanBuaBe of RCRA by explicitly identifying recyclinB, as well as treatment, as components of proper manaBement. The major portion of the act deals with lundinB and establishinB a $1 million annual Brant program in the State to promote the research~ development, and demonstration of "hazardous waste reduction, recyclinB, and treatment technologies". This is accomplished by the Waste Reduction Unit of the Department of Health Services. 2. Impacts a. Policies and Implementation Strategies --Adoption of the Plan and imple- mentation of the policies and §oats contained in the Plan would result in economic impact~ the exact nature of which cannot be accurately assessed, Policies IV-D and VII-B establish a goal of timely and complete cleanups of contaminated hazardous waste sites in the County. The Plan identifies 1# bond expenditure sites in the County, of which feasibillty studies are scheduled to be completed on four sites and certification of completed remediatlon on one through 198S. The cost of remediation cannot be estimated until the feasibility studies are complete, but such costs are expected to be significant. Fiscal impact to the County, however, is expected to be minimal, due to use of state funds and of fee- for-service reve nt~ts. I¥-10i Policy IV-E regarding collection of household hazardous waste wouid have an undetermined cost which does not appear to be adequately anticipated in the Plan. Establishing a suffident number of hazardous waste collection sites and their operations would require substantial funds. Recent experience with collection of recyctable, non-hazardous waste indicates that a large number of collection centers may be necessary for the policy to be effectively implemented. Policies V-A through V-E are concerned with the reduction of hazardous waste generated 57 indus~'y. The economic impact of implementing these polities cannot be quantified. Each industry must complete a cost-benefit analysis to evaluate the financial implications ol investing in waste minimization technologies. As mentioned in the existing conditions, the generator often finds it costly to invest and spend on waste reduction when currently engaged in pollution control and regulatory compliance. The factors that must be evaluated by individual generators include several items of costs and benefits as described below: b. Costs - Information - It is often necessary to spend money on a waste reduction audit, for example, to get detailed information about wastes. These costs can be high for operations that generate many different kinds of waste from a multitude of processes and for firms that change their product mix frequently. For smaller firms with fewer resources these costs may Be a significant obstacle. Testing and R&D - Sometimes testing and even fermal R&D are necessary to: (1) assess the technical and economic feasibility of specilic waste reduction measures, and (2) identify risks to product quality posed by some waste reduction measures. These costs are likely to grow as waste generator moves toward more complex methods to reduce waste. Capital Investment - Implementation often involves virtually no capital, but sometimes - and Perhaps increasingly so as waste reduction is pursued -significant capital investment may be necessary. Operations and Production - Implementation may involve some added operating and maintenance costs. IV-102 Training - Spending on training for ~vorkers may be required so that they can impJement and work ef~ectiYely with new waste reducing processes. ,~anagement - identification of waste reduction opportunities and effective imple- mentation may require spending on management s}~tems, including better accounting of costs~ measurement of waste reduction, and administering reward anti-incentive programs for workers. There are a variety of potential burdens (costs) that a particular waste minimization policy may put on industry. Compliance costs are usually the first concern. Other factors include equity considerations~ confidentiality questions and incentives for noncompliance. Questions that should be considered by the DOHS and County Hazardous Material Management. Division when evaluating the economic impacts include the following: o What are the capital costs associated with the option? (These may be incurred with major process modifications.) What are its operation and maintenance costs? (These can include qhanges in feedstock requirements, energy use~ transportation expenses, and so forth.) What is the reporting burden? {The costs o! reporting to EPA or the State may be considerable for some options.) Do costs of compliance with this option vary significantly across firms or industries with respect to size~ category, location~ or some other factor? Does the option tend to alter markets for products, or to affect the current competitive relationships among firms or industries? Does the option risk violating the legitimate confidentiality of proprietary processes? o Does this option encourage noncompliance? IV-lO3 o ~re enforcement tools adequate to compensate for noncompliance incen- t:. ,~es? c. Benefits - ~'aste minimization can =.'so resuJt in substantia] economic benefit to private indus~y, as described below. Avoided ~te Management - Savin~s o~ m~y types shoed be ~sessed, induing: (1) ~rect sav~nEs on han~ng, storage, trans~rt, and treatment or ~spos~ (even i~ wastes are m~aged onsite); and (2) ~ndire~ sav~n~s on the costs o~ reg~atory compliance, leg~ advice, i~ur~ce, and ma~eri~ time. ~a~nE estimates o~ direct savings on current costs may be misleading ~cause ~te management costs condn~ to r~se substand~Iy. Estimates o~ ~th ~rect and indirect savin~s may a[so ~ ~[~JcuJt to make because the)'.re~ire antid~tin~ ~e feudatory acdons and their e~ect on ~aste management costs and practices. Avoided Liar[ides - Ass~sment o[ these ~s necess~y, but can ~ very ~certain. For example, ~uture cleanup costs Jot contaminated sites and Juture costs ~or viCim com~nsation or reg~atory noncompli~ce may ~ ~JJi~t to estimate. Reduction in Ra~ Materi~ Use - O[ten there is a cost savin~ that is siE~Jicant ove~ ~me. Indirect Economic ~ene[its - These may be subst~nd~, but hard to assess. They include: improvements in materi~s, la~r, or ener~ produc~vity that re,ce o~vation costs; reductions ~n costs ~sociated with the presence o[ ha~r~ materi~s such ~ ~or ~orker ex~sures; more eJJecti~e ~e oJ mac,ers' time; the value o[ waste reduction in m~tin~, public re]ations, and ~inand~ ~a~actions. 3. Net ]m~cts The a~ve items o~ 'costs and beneJits ~o~d diJ~er substanti~iy by case. On average, ho~'ever, the net impact o~ ~aste minimization on private indus~y is likely to ~ posidve, as evidenced by waste reduction procedures which ha,ze ~read)' ~en inidated (A.~. Anderson, [ndus~iaI EnviornmentaJ Assodation o[ S~n Diego County, persona] comm~ication). [V-J0~ SeveraJ case studies are contained in a document prepared by the San Diego County Department of Health Services entitled, Hazardous Waste Minimization: A Resource Book for Indus~'y (November 1957). One case involves the paint-stripping operation maintained by the U.S Navy. The current process for aircraft paint removal senerates a substantial amount of solvent/water wastes. A new method for stripping aircraft~ which employs blasting instead of solvents has resulted in a dramatic decrease in waste generated and a decrease in costs of up to 50%. At UNISYS Corporation, a landfill reduction program has been instituted which decreased the quantity of landfill waste by 96% and resulted in a substantia~ cost savings. In the future, waste minimization would be made economically necessary, due to escalating costs of transportation, and oil-site treatment and disposal. Policy VIII-A and the siting criteria described in Appendix VIIIoA of the Plan include four socioeconomic criteria, of which three are concerned with economic impacts on the following: o changes in real property values o direct revenue to local jurisdiction o changes in employment The criteria mandate an economic or fiscal i~pact study whenever a proposed facility is expected to result in a significant impact. Of the above issues, the second and third are commonly examined for large-scale or economically signifi- cant projects and are not expected to have any additional significant economic impact. Regarding the issue of property value impacts, however, the Plan recommends a "reasonable compensation program" for any anticipated declines in value. Such a program may require substantial expenditure of funds, resulting in increased costs o! waste treatment and disposal. Specific cost estimates are not possible without project data. Other policies and implementation strategies are not expected to result in significant economic or fiscal impact, except costs of program administration, which have been accounted for in the Plan. IV-lO~ Potential Future Facilities - The generalized treatment methods and the types of potential future facilities based on these methods are described in the Project Description, Section Il. The economic impacts o[ such facilities, if constructed, would be associated with funding the costs of construction and operation, direct employment at the facilties, and indirect effects related to industries which generate hazardous waste as a by-product of their production processes. Costs of Construction and Operation - These costs would depend on the type, size and equipment of a proposed facility and cannot be estimated in advance of specific project proposal. The Plan, however, assumes that future facilities would be constructed, owned, and operated by the private industry, supported principally by fees charged to waste generators in return for treating, storing, or disposing of the waste. Fiscal impacts on local agencies would be associated with tax and fee revenues and costs of public services, incluc~ng costs of compliance monitoring and administration. Although net fiscal impacts of such facilities are generally positive, specific agencies responsible for compliance monitoring may experience funding shortfalls, depending on revenue allocation. Employment Impact - Prototypical treatment facilities) except repositories and landfills) are generally capital-intensive and require few operators. The State DHS has studied these facilities and estimated that the number of employees may vary from approximately two persons at a small transfer station or a small incineration facility to 60 persons at a large liquid organics recycling facility (California Department of HeaLth 5ervices~ 1987).. Indirect Effects - Planned Federal and State prohibition of landfilling of untreated hazardous waste is likely to have a significant impact on private industries, by increasing the cost of hazardous waste disposal or by necessitating changes in production process. Lack of adequate treatment and disposal facilities or a sharply increased cost of hazardous waste disposal may result in increased prices or reduced employment. On the other hand, availability of treatment and disposal facilities at reasonable cost is likely to have a positive impact on the local economy. Since the U.S. Navy and private industries which provide goods and services to the Navy are a 1V-106 si§ni~icant part o[ the San Diego economy a~s well ~s maior generators of hazardous waste, availability o~ treatment and disposal ~ac~lities wo~d help retain those industries in the area. ~. Analysis o~ Significance The economic ~m~ct m~y ~ sisnificant ii ex~nsi're implementation costs are pro~bitive to effective household ~aste minimization. Although the costs and bene~i~ of ~te minimization wo~d vary by case, the net im~ct of w~te minimization on private indus~y is likely to ~ positive, ~. Mitigation When specific projects or waste minimization programs are considered, they will require additional review of economic factors, including costs of compliance monitoring and administration, for effective implementation. 6. Residual Impact Assuming adequa'te economic review is completed at the project specific s'~age, no residual impacts would remain. IV-lO7 ¥. ALTERNATIVES TO THE PROPOSED PRO3ECT The California Environmental Quality Act requires a description of "reasonable Mternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project," and to evaluate the comparative merits of the alternatives. "The discussion of alternatives shall focus on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance, even if these alternatives would impede to some degree the attainment of project objectives, or would be more costly". CEQA also requires analysis of the "no project" or existing conditions alternative. The range of alternatives required in an EIR is governed by "rule of reason" that require~ the EIR to set forth only those alternatives necessary to permit a reasoned choice. The key issue is whether the selection and dLscussion of alternatives fosters informed decision- making and informed public participation. An EIR need not consider an alternative whose effects cannot be reasonably ascertained and whose implementation is remote and speculative. For the purposes of this EIR) the basic objective of the San Diego County Hazardous Waste Management Plan~ which is *,he "project"~ is the development of an ongoing management program for hazardous waste generation and treatment in the County. The program includes the policies and implementation strategies continued in the Plan, including criteria to guide decisions for citing new hazardous waste facilities. Generally, implementation of the Plan resulted in positive impacts, or benefits~ to the County, and there were no significant unmitigable impacts expected to result from Plan implementation. CEQA allows that only the No Project Alternative be analyzed when no significant, adverse effects would occur, however, due to the public concern and interest over siting criteria, two other alternatives relating to siting criteria are also analyzed. V-I The altema:ives considered include: o No Project o Use oi DHS Siting Criteria I o Use of ],lore Restrictive Siting Criteria I NO PRO3ECT i. Alterna:ive Description This alternative would result in the maintenance of existing conditions, that is, ! no program managing the generation and treatment of hazardous waste in the County. Thus, the generation, transport~ treatment, disposal and siting of i facilities would continue to be subject to existing federal, state and local requirements (which are described in Section Il, Project Description). There I would be no effort on the County level to reduce the generation of hazardous waste, which is the main goal of the Plan, and to plan for the location and types ! of new treatment facilities. 2. Alternative Impacts The impacts of the No Project Alternative relate to 1) the ability of the State .i Appeals Board to overturn local land use decisions~ 2) siting criteria, and 3) quantity of hazardous waste generation. ! By not having an approved County Hazardous Waste Management Plan, the State Appeals Board could easily overturn a local land use decision on facility siting. Under the provisions ol AB29t~8 (Tanner), one of the findings the State Appeals Board must make in order to overturn a local land use decision is that the decision to overturn a local decision would be consistent with the approved County Hazardous Waste Management Plan. With this alternative, the County ] would have no Plan, eliminating compliance with this requirement of AB29~8. ! I With no County Plan, there would be no local siting criteria for future facilities . in the Count}'. The degree of protection to the local environment provided by the Plan siting criteria would be lacking. The DHS criteria would apply, which are the same or similar to the County's, but criteria derived from conditions unique to San Diego would not apply. Since waste minimization is a maior goal ol the Plan, there would be no local program in place To meet this goal. The result could be an increase in the amount of hazardous ~vaste generated. However, waste minimization could occur as a result of prevailing financial costs of treatment and/or disposal. Also, compliance with existing regulations could result in some waste reduction. The reduction due to these factors would be uncontrolled and not locally monitored. If more waste were generated, and treatment and disposal costs continued to increase, there would likely be an increase in the amount of illegal disposal of hazardous wastes into sewers, sanitary landfills, and vacant land. USE OF DHS SITING CRITERIA 1. Alternative Description This alternative would incorporate the DHS siting criteria into the Plan, rather than the County siting criteria. A comparison tableof County and DHS criteria is located in Section II, Project Description, as Table 2-1. As can be seen from this table, the County criteria are more restrictive in the areas of: o proximity to local residents o safety ser~sices o dam failure inundation areas o rapid geologic change, including potential liquelaction and subsidence o wells (groundwater cone of depression area), groundwater monitoring o distinctive natural, recreational areas o agricultural areas V-3 o trave! distance lot repositories I o consistency with General Plan o social economic issues o sewer service for repositories I A review of the table also shows that DHS criteria are more restrictive than '! the County criteria in the areas of: o risk assessments for ignitable, volatile or reactive wastes 1 o air emissions mitigation requirement ! o wetlands, endangered species habitats o siting on military land Note: Based on the review, the County has indicated that the County criteria will be changed in the first three areas to make the criteria at least as i restrictive as the States. It is beneficial to the County to have less restrictive criteria in the military land siting category, because the less ! restrictive criteria allows greater flexibility in potentially siting a facility on military land. Thus, the description found within the next alternative 1 will become part of the Plan. 2. Alternative Impacts i Siting hazardous waste management facilities in San Diego County utilizing the I DHS siting criteria rather than the County siting criteria would provide a lesser, though not substantially lesser, degree of environmental protection. For i example, the DHS criteria afford less protection of areas with rapid geologic change, prime agricultural lands and dam failure inundation areas than do the i County criteria. Likewise, the DHS criteria is less explicit in its conditions for mitigating the need for safety services than the County Plan criteria. However, the language in some cases is quite similar, but slightly stronger in either the County criteria or the DHS criteria. For example, the DHS criteria "prohibits" facilities in wetlands and endangered species areas, whereas the m County criteria states that facilities should "avoid" these areas. In this case, the DHS criteria is slightly more restrictive, m I V-4 m Tl~ere are also instances where there is [ess assured environmental protection under the DHS criteria than in the County Plan because of the different emphasis in each document's wording ot criteria. For example, the DHS criteria genera;ly avoid specifying land area requirements for butter zones requiring inste=-d risk assessments for the determination of appropriate buffer zones. The Count)' Plan criteria correspondingly~ iden'cify specific buffer zone requirements. The risk assessment called for as the basis of buffer zone determination by the DHS criteria would provide a measure of risk but not a determination of what level of risk should be acceptable to the Gounty. This decision would thus be the County's responsibility and, subsequently, the State Appeals Board to decide. On the other hand, the specific buffer zone requirements of the County Plan do present a standard on which to judge adequacy of safety. Also, it would be more difficult to site a facility utilizing the County siting criteria than the DH$ criteria. For instance~ the County criteria regarding avoidance of cones bf depression (wells), and consistency with the General Plan, both limit areas which could be considered for potential sites. In summary, the County criterion provide a slightly greater degree of protection to the environment and to people than do the DHS criterion. It should be noted, however, that application of siting criteria would occur on a future project-by-project basis~ and that it is just one step in the project analysis process. The project-specific risk assessment and environmental review that would be required at the project level would actually provide a more relevant set of mitigation measures than the siting criteria. USE OF MORE RESTRICTIVE SITING CRITERIA 1. Alternative Description This alternative would change the County siting criteria to be at least as restrictive as the DH5 criteria. This would change the language and intent of the criteria in the areas of I) risk assessments for facilities which would treat ignitable, volatile or reactive wastes, 2) air emissions mitigation requirement, and 3) wetlands and endangered species habitats. The language of the Count), criteria in these areas would be changed to the language of the associated DHS criteria. 2. Alternative Impacts The impacts of this alternative would be essentially opposite of those impacts a_ssociated with the previous alternative. That is, utilizing the amended County criteria, as described above, would provide a greater, though not substantially greater, degree of environmental protection than the existing County criteria, and than the total DHS criteria. The areas of change are environmentally sensitive, and the more restrictive criteria would provide a slightly greater degree of protection to the environment and to people than those in the Plan. However, as stated also in the previous alternative, the project-specific risk assessment and environmental review that would be required at a project level would actually provide a more relevent set of mitigation measures than the siting criteria. VI. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY In confor~ance with recent State legislation, the Hazardous Materials Management Division oI the San Diego County Department o! Health Services has prepared a Draft Hazardous \I'aste ~.ianagement Plan (Plan). Adoption o! this Plan would result in the potential implementation of the goals and policies contained within the document. Implementation of these policies would strive to minimize waste generated by industry, the military and households. This action is intended to conserve resources and increase the long-term productivity of landfills and other waste storage and treatment facilities. The Plan has been prepared in accordance with guidelines established by the'State Department of Health Services (DOHS), which requires the inital assumption that all future hazardous waste generated in San Diego would be treated and/or disposed of in San Diego County. This will require, as determined in the Plan, the construction of new treatment, storage and disposal facilities. Although no actual sites have been determined, specific siting criteria for future facilities is contained in the Plan. Placement of these facilities would result in some change to the long- term productivity of the site chosen. However, it is likely that facilities would be located in existing or planned industrial areas resulting in consistency of long-term uses. Vl-I VII. SIGN~'ICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Adoption of the ?~an would result in implementation of the goals and policies contained in :he ?]an and the possible future construction of hazardous waste treatment, dis?~sa', and storage facilities. Implementation of the §oais and policies would result, in general, in beneficial impacts to the environment as wastes would be minimized =.nd ~isposai would be more carefully monitored. Construction of future facilities could result in significant environmental changes if facilities are construction in undeveloped or environmentally sensitive areas. However, if the mitigation measures outlined in Section IV are implemented, and future facilities are sited in compliance with the Sitin§ Criteria (Policy VIII-A) significant environmental chan~es would b'e minized to a level of insignificance. Vll-I VIII. GRO~/TH4NDUCING IMPACTS Section 15126(g) of the CEQA Guidelines requires that growth-inducing impacts of the project be discussed. Growth-inducing impacts include: (1) ways in which the prop_osed project could foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment; or (2) projects which would remove obstacles to population growth. It is possible that growth could occur as an indirect result of adopting the Plan. The establishment of a large hazardous waste facility or a number of facilities within the County could result in a demand for labor which could not be filled by the existing labor force. This could lead to induced growth in the County if people moved to the San Diego area to fill those jobs. Indirect impacts under this scenario might include an increased demand for housing, infrastructure, and public services, potential adverse impacts to air quality, and additional demands upon the already taxed water supply. Establishment of a large hazardous waste facility could also result in a large transient labor force if positibns of employment were filled by residents of adjacent counties. This could result in a potentially significant adverse environmental impact to air quality. Hazardous waste treatment and/or disposal facilities in the County could also result in stimulation of economic activity as well. Th.e. degree of economic impact in the community would be dependent, for the most part, upon the size of the facility. Generally speaking, the greater the number of people employed at the facility, the greater the economic growth that would result from the establishment of the facility. In the event a facility is proposed to accommodate regional needs (i.e., the needs of one or more counties in addition to San Diego), a socio-economic study would be required as part of the permit process by a city or the County to identify impacts on housing and service needs. The developer may be required to pay for improvements and mitigation costs. VIII-I IX. IMPACTS CONSIDERED NOT TO BE SIGNIFICANT Based on an Initial Study prepared by the County, Department of Health Services (Appendix A), the following issues were determined not to be potentially significant, and were not analyzed within this EIR: Earth Resources Dlant Life ~nimal Life Light and Glare Natural Resources Housing Energy Utilities Aesthetics Recreation Cultural Resources IX-I X. ORGANIZATIONS AND PERSONS CONSULTED County of San Diego, Hazardous Materials Management Division David Merk, Project Coordinator Ken Calvert, Research Specialist . Laura Tamayo, Proiect Planner County of San Diego, Of Iice of Disaster Preparedness Dan Everly, Director Dames & Moore Ralph Kingery San Diego Association of Government~ (SANDAG) Steve Sachs, Senior Planner Local Agency Formation Commission (LAFCO) Dana Smith State of California, Department of Health Services (DOHS) Eric M. Maher Industrial Environmental Associates ol San Diego A.\I/. Andersen, 3r., Executive Vice President X-i XI. REFERENCES California Department of Health Services (DOHS), Toxic Substances Control Division. 1957a. Guidelines for the Preparation of Hazardous Waste Management Pians. Sacramento, CA. 3une. California Department of Health Services (DOHS), Toxic Substances Control Division. 1957b. Technical Reference Manual of the Guidelines for the Preparation of Hazardous \Vaste Management Plans. Sacramento, CA. June. Carisbad, City of. I97~. General Plan Land Use Element. Carlsbad, CA: Planning Department. October. Cotton/Breland/Associates, Inc. 1988. City of Encinitas General Plan Program. Encinitas, CA. May. Critchfield, Howard 3. 1974. General Climatolog7. Third Edition. Englewood Cliffs~ New Jersey. Duncan & Jones. 1983. City of National City: Updated General Plan. February. El Cajon, City of. 1983. Amended General Plan. El Cajon, CA: Planning Department. December. Latham & Watkins. 1988. Proposition 65 Seminar. San Diego~ CA. March. Local Agency Formation Commission (LAFCO). 1983. Profiles of Cities. San Diego~ CA. May. Local Agency Formation Commission (LAFCO). 1988. Profiles of Speical Districts in San Diego Count7. June. Oceanside, City of. 1986. City of Oceanslde Land Use Element. Oceanside, CA; Planning Dept. September. San Diego, City of. 1979. Program Guide and General Plan. San Diego~ CA. February. San Diego, County of. 1967. San Diego County General Plan 1990. San Diego, CA: Integrated Planning Office. December. San Diego, County of. 1957a. EIR Scoping Document. San Diego, CA. December. San Diego, County of. 1957b. Hazardous Waste Minimization. San Diego, CA: Department of Health Services. November. XI-I' San Diego, County of. 1955a. Draft Hazardous Waste Xlanagement Plan. San Diego, CA: Hazardous Waste ~.lanagement Project Staff. :slarch. ' San Diego, County of. 1988b. Draft San Diego Hazardous Waste Management Plan: Agenda and Background Materials for Public Meetings. San Diego, CA: Hazardous Waste Xlanagement Project Staff. Sedway Cooke Associates. 1955. Escondido General Plan Program. Escondido, CA. 3anuary. U.S. Congress O[fice of Technology Assessment (OTA). 1986. Serious Reduclion of Hazardous Waste: For Pollution PrevenTion and Industrial Efficiency. Washington, D.C. September. U.S. Environmental Protection Agency (EPA) Office of Solid Waste. 1956a. Minimization of Hazardous Waste. EPA/~30-$6-0~I(a) Washington, D.C. October. U.S. 1-'-nvironmental Protection Agency (EPA) Office of Solid Waste. 1986b. Waste Minimization Issues and Options Volume I. Washington, D.G. October. XI-2 XI1. CERTIFICATION OF ACCURACY OF COMPLIANCE This document was prepared by P&D Technologies, Inc. Members ol P&D Technologies' professional staff who contributed to this report are listed below. :]un Onaka Project Coordinator Diana Gauss Richardson Director of Technical Studies/ Project Manager Arnold Torma Director of Transportation Cynthia A. Terry Transportation Engineer Theresa S. Fenner Environmental Analyst Mary Donovan Putnam Senior Environment Analyst Quinn Baranski Environmental Analyst Sievert Associate Planner Karen Raul Diaz Graphics Beryl R. Embry Word Processing Supervisor Audrey 3ones Word Processing Technician Subconsultants involved in the preparation of this report include: Harmsworth Associates Air Quality Ninyo & Moore, Hazardous Risk of Upset Waste Consultants Geology Water Quality John Conway, MPH, Ph.D. Human Health 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 for this project. Diana Gauss Richardson Project Manager Xll-1 CHAIRMAN: Banking, Finance and Public bly ,ndebf ness Assemgi O0 M, EEB: Insurance California Le slature Ufilities and Commerce Water, Parks and Wildlife MEMBER: STEVE PEACE Comrnission of the Californias 25, 1992 ASSEMBLYMAN The Honorable Tim Nader Mayor, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader: As Chairman of the Neighborhood Environmental Literacy Task Force, I would like to state that the task force unanimously opposes the proposed permit approval for Appropriate Technologies II (APTEC). We have been informed that the City of Chula Vista has prepared amendments to the Public Facility Element of the General Plan. The policies and guidelines establishing the criteria for siting facilities such as APTEC, are long in coming. They are first steps towards ensuring that hazardous waste facilities are not placed in geographic locations that are incompatible to the area. The Neighborhood Environmental Literacy Task Force, composed of elected officials and South Bay community representatives, wishes to go on record supporting in concept the intent of the City's amendments to the General Plan. Given APTEC's expansion plan, it is unconscionable to subject the citizens of the South Bay to potential hazards resulting from subsequent increases in hazardous waste transport and treatment, particularly in light of their request to treat cyanide waste. I trust positive action will be taken on these amendments and once again reiterate our support for the City's plan to ensure local authority in this regard. Sincerely, MICHAEL JOHNSON, Chairman NeighborhoOd Environmental Literacy Task Forc~'~,$ cc: The Honorable David Malcolm The Honorable Jerry Rindone The Honorable Leonard Moore The Honorable Shirley Horton CHAIRMAN: Banking, Finance and Pul31ic Assembly COMM, ES: California Le slature UblitiesandCornrnerce MEMBER: STEVE PEACE Comrmssion of the Californias e 25, 1992 ASSEMBLYMAN The Honorable Tim Nader Mayor, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader: As Chairman of the Neighborhood Environmental Literacy Task Force, I would like to state that the task force unanimously opposes the proposed permit approval for Appropriate Technologies II (APTEC). We have been informed that the City of Chula Vista has prepared amendments to the Public Facility Element of the General Plan. The policies and guidelines establishing the criteria for siting facilities such as APTEC, are long in coming. They are first steps towards ensuring that hazardous waste facilities are not placed in geographic locations that are incompatible to the area. The Neighborhood Environmental Literacy Task Force, composed of elected officials and South Bay community representatives, wishes to go on record supporting in concept the intent of the City's amendments to the General Plan. Given APTEC's expansion plan, it is unconscionable to subject the citizens of the South Bay to potential hazards resulting from subsequent increases in hazardous waste transport and treatment, particularly in light of their request to treat cyanide waste. I trust positive action will be taken on these amendments and once again reiterate our support for the City's plan to ensure local authority in this regard. Sincerely, ~ MICHAEL JO}{NSON, Chairman NeighborhoOd Environmental Literacy Task Force CC: The Honorable David Malcolm The Honorable Jerry Rindone The Honorable Leonard Moore The Honorable Shirley Horton GI~EE~IFIELD EIIIVItrlOIIIII, fEI~I',~I June 26, 1992 rtT~ ...... ~ BY HAND DELIVERY ~' ~ ' ' ! r,~ ClfTC.;:- , . Members of the CiO/Planning Commission Planning Department Public Services Building 276 Fourth Avenue Chula Vista, California 91910 Members of the City Council City Council Offices 276 Fourth Avenue Chuta Vista, California 91910 RE: Proposed Amendments to the Municipal Code and the Public Facifities Element of tile Genera/Plan Relatinq to Hazardous Waste Manaqement Ladies/Gentlemen: We have learned that the City of Chula Vista Plam~ing Commission rnay hold a "special meeting" on June 29, 1992 to consider proposed General Plan and Municipal Code amendments relating to hazardous waste managemeet As we pointed out in our letter dated June 24, 1992, local, state and federal law requi/es ten days notice of any contemplated amendments to general plans Like the defectively noticed June 24th hearing, any hearing on June 29th must also comply with the ten-day notice requirement if an amendment to the General P/an is acted upon Thus, notice of that meeting must have been given on or before June 19, 1992. To ou¢ knowledge, the City has provided no public notice of any hearing on June 29th To the ex'tent that the June 29, 1992 meeting is cast as a "continuation" of the June 24, 1992 meeting, it is merely a continuation of a hearing which, as the Planning Commission correctly recognized, was itself defectively noticed. If tile public was not provided with proper notice of the June 24th meeting, then it necessarily follows that the public also does not have proper notice of a "continuation" o! that hearing absent separate notice of the continued hearing, which i¢~dependently satisfies the applicable laws Tile City has p?ovided no independent notice ol the June 29th hearing Chula W'sta's handling of this matter continues to deprive the public of the opportunity to provide meaningful comments to tile proposed amendments Where the public had only three business days to digest tile proposed amendments prior to the June 24th meeting, the public (assuming it were even aware of the unnoticed "special meeting") now has only two additional business days to provide comments pdor to the rumored June 29th meeting. Worse yet, any action by the Plamling Commission on June 29th will come on tile eve of tile City Council meeting relating to the same sublect matte¢ The Planning Commission is statutorily required to p¢epare anU forward written zecommendations Membem of ~e City P~nning Commission Membe~ of#le City Counc# June 26, 1992 Page 2 to the City Council. Cal. Gov't Code Section 65354 We cannot conceive of how the Planning Commission can entertain public comments on the proposed amendments, assimilate these comments, and provide thoughtful, comprehensive written recommendations to the City Council in less than 24 hours. Even assuming the Planning Commission is equal to this task, the City Council would certainly not have adequate time to review the recommendations pdor to its meeting on June 30th. The one conclusion which could be reasonabty drawn would be that the City Council has either "rubber stamped" the Planning Commission's recommendation, or has decided tile matter without considering the Planning Commission's recommendation. Regardless, it is clear that the City Council is now without jurisdiction to take any action on tbe proposed amendments to tile General Plao As discussed above, the Planning Commission has not properly noticed a public hearing on tile proposed amendments, and it is now impossible to properly notice any meeting before the City Council's scheduled hearing on June 30th A public hearing and written recommendation by the Planning Commission, however, is a prerequisite to any action by the City Council. Cal. Gov't Section 65353 and 65354. Furthermore, the June 30th City Council meeting itself is not properly noticed Because the City Council is powerless to act on a p~oposed ~meudment to tile General Plan in tile absence of a written recommendation of the Planning Commission, the City Council is not even in a position to notice a meeting until it bas actualty received these recommendations. At an absolute mil~imum, however, fundamental principles of due process requires that the public have access to the Planning Commission's recommendations far enough in advance to react intelligently to those recommendations prior to the City Council meeting. It is unlikely that the public could react to a proposal of this magnitude in 10 days, let alone less than 24 hours. Because no Planning Commission meeting is properly noticed for June 29th, and because of the general sense of confusion created by tile now compounded notice problems, we have been unable to conduct anything more that a cursoty review of the proposed amendments We therelore ~eserve our right to provide our comments on the proposed ameedments until such time as the City has complied with all applicable laws. However, in the short time available [o us, we have identified the foflowing preliminary concerns witll the proposed amendments 1. Violations of the Tanner Act At first blush, tile proposed amendments appear to reincorporate the same defective features of the County of San Diego Hazardous Waste Management Plan ("COHWMP") which caused the State ol California to reject the original COHWMP. Specifically, the '?nord restlictive hazardous waste regulations" which Chula Vista is contemplating, might cause hazardous waste treatment, storage and disposal facilities to locate in a municipality which does not have equally restrictive requil'ements This implicates the precise Members of ~e Cio/Planned Commission Members of ¢e Cio/Council June 26 1992 Page 3 "fair share" concerns which tile State found deficient in fl~e original COHWMP. Thus, to the extent that the proposed amendments are more restrictive than the COHWMP, they violate and are preempted by the Tanner Act. 2. Noncompliance with CEQA The proposed "Addendum To The Couno/ of San Diego Hazardous Waste Management Plan Environmental Impact Report" ("EIR Addendum") appears to violate both the procedural and 1substantive requirements of the California Environmental Oualio/ Act ("CEQA"~. From a procedural standpoint, CEQA does not permit tile CiO/to proceed by an EIR Addendum because the proposed amendments are a separate project Even if the proposed amendments are considered part of fl~e same project, however, an EIR Addendum is not permissible because the proposed amendments/lave the potential for new significant environmental impacts w/tich ale ~o7 accounted for in the COHWMP's EIR The proposed EIR Addendum violates the substantive requirements of CEQA because it is completely lacking in any substantive discussion of the environmental impact of modih/ing rile Iocational, siting and permitting requirements in Chula Vista. For example, the EIR Addendum utterly fails to discuss the significance of tbe environmental impact that making Chula Vista's General Plan "more restrictive [on/hazardous waste regulation" than the COHWMP will have on the rest of the Southern California region The above items represent only rile most obvious issues that are raised by a cursory review of the proposed amendments. Again, we resettle our right to submit additional comments at such time as the Cio/acts in a manner consistent with all applicable laws. It is our firm conviction, t~owever, that bott~ the Plamling Commission and Cio/Council are now without jurisdiction to take ally action on the p¢oposed amendments and cannot mod/h/tile COHWMP ill any way. Very truh/ yours '92 o 313 June 30, 1992 01'~ ~ :' " ~[J The Honorable Mayor Tim Nader Members of the City Council City of Chula Vista 276 Foweh Avenue Chu/a Vista, California 91910 We are writing regarding item number six on tonight's agenda, an emergency ordinance imposing a moratorium on the issuance of conditional use permits for use of land as a hazardous waste facility. We urge the Couoci/ to re/ect this proposal on the fo/lowing grounds: 1 No Emerqencv Exists. There is no emergency which threatens the health, safety and we/fare of the citizens of Chula Vista No hazarctous waste facility can operate in Chula Vista without fully compo/ing with federal, state and couno/ /aw These laws impose comprehensive permitting requirements and regulations on hazardous waste facilities, which ensure that such facilities cannot operate if they threaten the health, safety and welfare of local residents. Moreover, the City has had a/most 180 days to implement the provisions of the County of San Diego Hazardous Waste Management Plan and has had a similar emergency moratorium irt place for the last 45 days The City has had more than enough time to enact the contemplated 10-1/2 month moratorium tt~rough a regularo/ scheduled hearing. There are simply no circumstances which support the City's "emergency" characterization. 2 Lack of Compliance With Notice Requi/ements The proposed moratorium effectively operates as a zoning amendment It is therefore sublect to tt~e notice requirements of the California Government Code Tile C/ty has not complied with these requirements. 3. The Period of the Proposed Moratorium Is Unnecessaritv Long. To the extent that any urgency exists warranting resort to the extraordinary emergency procedure, the CiO/must work diligently to allew'ate this emergency The 10-1,/2 month time pedod of the moratorium extends well beyond any time reasonably necessary to cure an "emergency" situation, particularly when the "emergency" consists of rue C/O/'s failure to give the public time to react to the City's actions. The Honorable Mayor Tim Nader Members of the City Council June 30, 1992 Page Two 4. Violation of the Tanner Act The Tanner Act prow'des local agencies with 180 days in which to implement the COHWMP. This period expires on July 4, 1992. After this period, local agencies are without jurisdiction to take any action relating to the CQHWMP. The 10- 1/2 month moratorium that the City is considering would suspend implementation of the COHWMP in Chula Vista well past the 180-day deadline. This action would violate and is preempted by the Tanner Act. Vet~/ truly yours, ~ Thomas C. Vernon Assistant General Counsel cc: Robert A Leitner, Planning Directo¢ No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES WHEREAS, as a member of the San Diego Metropolitan Sewerage System (Metro), the City of Chula Vista is required to participate in its operation, maintenance and upgrade program; and WHEREAS, San Diego has recently increased its estimated revenue requirements for Fiscal Year 1992-93, resulting in a need for increased sewer service charges. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the following amendments to the Master Fee Schedule, Chapter XII, Engineering - Sewer, Section B as follows: 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 1, 199~: a. Domestic: The domestic sewer service charge for each single family dwelling unit serviced by a separate water meter shall be $12.21 16.00 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 1.61 per each one hundred cubic feet of water usage by such parcel, but in no case less than $12.21 16.00 per month, nor more than $12.21 16.00 per dwelling unit per month; c. Commercial and industrial: A monthly sewer service charge for premises used for other than domestic purposes shall be at the following rates per each one hundred cubic feet (HCF) of water usage: 1 Low Strength: $1.12 1.47 per HCF water usage Medium Strength: $1.3S 1.81 per HCF water usage High Strength:~.vv~ °~ 2.44 per HCF water usage Low strength is defined as wastewater with suspended solids content under 200 parts per million (ppm) . Medium strength is defined as wastewater with at least 200 ppm but less than 600 ppm suspended solids. High strength is defined as wastewater with suspended solids content of 600 ppm or more. Wastewater strength categories will be determined using either the attached table, "Proposed User Classifications 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 qualify 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. d · Montgomery Area: ~,A~.... ~ ~ ~-~ .. -~ ~ ~ ~ .... ~. ~..-~ ~" ~, aAn_ annual sewer service charge for premises in the former Montgomery area shall be at the~..~..~~ ~''~ rates given above under Parts A through C. These rates will be collected on the annual tax bill by the San Diego County Tax collector. Charqes for multiple family and commercial industrial discharges shall be based on a recent 12 month billinq period. ~ ...... ~ '~-~ ' .............. / .... u~trlal ~ ....................... C ........... ~al and 2 e. High Volume Dischargers: Premises which discharge over 25,000 gallons per day (gpd) are classified as high volume dischargers. These dischargers shall be billed bi-monthly by the City of Chula Vista. Wastewater discharge shall be assumed to be 90 percent of water consumed, unless established otherwise by an approved variance. A separate suspended solids concentration shall be determined for each discharger based on either the table, "Proposed User Classifications and Assumed Pollutant Concentrations" or on actual sampling results, as determined by the Director of Public Works. The bi-monthly rates shall be as follows: Bimonthly billing charge = Average wastewater x $.~3Q~? 0.11006+ flow in gpd Average waste- x Averaqe ppm suspended solids x 8.34 x $ ..... 21.20 water flow 1,000,000 in gpd flo~.: in ~ ~;atcr flc~: !,OOO,O0O in ~p~ 2. Penalty for Delinquent Payment of Sewer Service Charges The fee for delinquency in payment of the sewer service charge shall be an amount equal to twenty percent of the service charge. 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 for monthly sewer service charges, shall be billed at the rate of $~.5G 11.20 per month per EDU. Eligible residents of the incorporated Montgomery District shall be billed at the rate of $ ..... 134.40 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 receiving the reduced charge of $~.5~ 11.20 a month on their monthly or bi-monthly water bills from Sweetwater Authority and Otay Water District or as an annual refund. Montgomery area residents will only receive the reduced charge of e~ ~ ~ ..... 134.40 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 receive 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~-~ 11.20 a month or $~.E3 134.40 per year in the Montgomery area shall be furnished. Proof of total 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 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, the refund forwarded within ninety (90) days of application. Presented by Approved as to form by John P. Lippitt, Director of Bruce M. Boogaard, City Public Works Attorney 4 NOTICE OF PUBLIC HEARING CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL for the purpose of considering: RAISING THE MONTHLY SEWER SERVICE CHARGES ANYWHERE FROM 15.5% TO 60.0%, APPROVING THE WASTEWATER REVENUE PROGRAM, AND ADDING A STORM DRAIN FEE TO THE SEWER SERVICE CHARGE. 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. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 30, 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. For further information contact Engineering at 691-5021. Publish: June 20, 1992 Beverly A. Authelet, CMC City Clerk NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOHNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for consideration of an item to raise monthly sewer service charges and approve of the Wastewater Revenue Program. The increase in rates is necessary to finance Chula Vista's share of upgrading the San Diego Metropolitan Sewerage System (Metro) with water reclamation, a program estimated to cost up to $2.4 billion. As a requirement of participation in the Metro system, Chula Vista prepared a Wastewater Revenue Program to determine a system of user charges. These charges needed to be based on both wastewater discharge rates and wastewater quality. The new rates will be for both the Montgomery Area and the Pre-Annexation Chula Vista Area. Council will be considering several alternatives for financing Chula Vista's portion of Metro costs. The new rates will be within the following range for Fiscal Year 1992-93: ~ - · $14.10 - $19.50 per single family dwelling per month Other rates for multiple family, mobile homes, low income and commercial/industrial will be raised accordingly by the same percentage as the single family rate. In addition to the sewer service charge, a storm drain fee will be added to the sewer service charge as follows: Single Family & Low Income $0.70/month or $8.40/year Multiple Family & Commercial/Ind. $0.06/HCF water used SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 30, 1992, at 6:00 pm in the Council Chambers, Public Service Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: June 16, 1992 ( BVH / PUBLHEAR ) Item No. 27 June 30, 1992 PUBLIC HEARING CONSIDERATION OF REQUEST BY LAIDLAW WASTE SYSTEMS FOR RATE INCREASE Staff recommends Council open the public hearing and continue to the Council meeting of July 21, 1992. (Director of Finance) PHONE {619) 234-7966 LICENSE 169-983 ' In l ent8. Inc. FOUNOED 1 9S6 CI] { ,. :' · ~ _ 3200 B4-2 HIGHLAND AVENUE CITY i;~ i' :~ ; N.~TIONAL CITY, CALIFORNIA 92050 June 12, 1992 Beverly Autgelet, City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 REF: June 11, 1992 Chula Vista City Letter "NOTICE OF PUBLIC HEARING" to be held on June 30, 1992 6:~ p.m. Project # ST123, Otay Valley Road street widening, property acquisition -A.P. NO.( ). Dear Ms. Autgelet: Please recognize this letter as my request to appear and be heard at the subject hearing, 6:~ p.m., June 3~, 1992, pursuant to C.C.P. Section 1245.235. We do and will register our objections which are pertinent to the issue of whether the City should make a resolution of necessity. These objections include but are not limited to the following: A. The public interest and necessity do not require the project. B. The project is not planned or located in a manner that will be the most compatible with the greatest public good and the least private injury. C. The property sought to be acquired is not necessary for the project. Prior to the date of the hearing, we will continue to make good faith efforts to reconcile with the city relative to the proposed taking. Please notify me if I am required to do any additional acts or send any additional notices in order to qualify to appear and be heard at the subject hearing. LET:as " file:cityclerk WORLEY~ SCHWARTZ~ GARFIELD ~ RICE June 26, 1992 VIA FACSIMILE (619) 691-5171 AND U.S. M~IL Beverly Authelete, city Clerk office of the City Clerk City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Otay Valley Road Assessment District 90-2 Dear Ms. Authelete: On behalf of Charles Siroonian and Charles Pratty, property owners and protestants within the Otay Valley Road Assessment District 90-2 created on June 23, 1992 by the action of the City Council, we hereby request a complete administrative record regarding the establishment of said Assessment District 90-2. This request includes but is not limited to records regarding the EIR for the Otay Valley Road Widening Project as certified by the city Council, as well as all other documents, exhibits, correspondence, and hearing transcripts relating to the Assessment District 90-2. This request is made in accordance with Code of civil Procedure Section 1094.6. Section 1094.6(c) states that the administrative record: "shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits, . all written evidence, and any other papers in the case." Beverly Authelete, City Clerk City of Chula Vista June 26, 1992 Page Two I also request that you provide me an estimate of when the full copy of the administrative record will be available. I look forward to your response. Very truly yours, WORLEY, SCHWARTZ, GARFIELD & RICE WJS:mam cc: Mr. Charles Siroonian Mr. Charles Pratty Mr. Joseph Botkin Bruce Boogaard, City Attorney June 25, 1992 Mayor Tim Nader 276 Fourth Avenue Chula vista, CA Dear Mayor, I would like to share with you the documents and outline the history of the street improvement on the property labeled #11 on the 0ray Valley Redevelopment district, namely JT Racing, Inc. at 515 Otay Valley Road. In late 1979 and early 1980 when this property was devel- oped, we requested and were granted a deferral to street improve- ments based on a future Assessment District. Four years later, in 1988, the City of Chula Vista required that JT Racing proceed with street improvements. We again reqUested a deferral and asked to be included at a future date in the Otay Valley Road Assessment District. We argued that it was detrimental to our cash flow at the time as we would be required to pay real dollars for an unbudgeted project that could be less painful through the Assessment District with the costs spread over ten years. We also argued that a bid for a short section of frontage could not possibly be as cost effective~as a future City controlled project for a much larger improvement. We were denied this request, ordered to proceed and were told by City Staff Officials that we would be exempted from the District when the Assessment District was established. Now, four years later, it appears that our confidence in the City of Chula vista to document and keep promises proves to have been a detrimental reliance upon City Staff. Not only are we being included in the Assessment District, but the City Staff has officially recommended that JT Racing NOT be given full credit for dollars expended, documented and verified-by-City-Staff for street improvements. Further, we are not being treated with equity and parity because the City Staff is now using unfair bidding comparisons to credit JT only $14,530 because of qUotes given as a minuscule portion of a much larger project. Believe me, /~! I can testify personally that the total cost of the project completed was ~ $15,000 below the highest bidder on the project. I can ~ you that given the same circumstances, with the same street frontage b%d at today's dollars that neither you nor any member of your city staff could contract for less; in fact, I don't believe that you could so much as build the sidewalk for $14,000! At the City Council Meeting on May 26, 1992, our associate, Mr. Darrell de Fabry, appealed to the council for full credit for 515 Otay Valley Road, Chula Vista, CA 92011 (619) 421-2660 Fax No, (619) 421.9078. dollars expended in complying with City dictated orders to com- plete street improvements in 1988. We were asked by Council to provide complete documentation for monies expended with back-up data on exact cost breakdowns. I have spent hours searching our archives for these files, have complied and given them to staff, and spent much time going over the invoices in detail with both Donna Snyder and Gina Franco to explain cost breakdowns in a effort to clearly demonstrate and justify our reasons for re- questing full credit. On May 15, 1992 in a telephone conversa- tion with Donna Snyder, she verified that her recommendation to John Lithgow would be to give credit for $37,180 of the $41,643.72 expended. Even though I feel strongly that the full amount should be credited, I accepted her recommendation only to find on June 23, 1992 at 5:03 PM (less than one hour before the Council meeting) that in fact the credit would be only $14,530. I personally appealed to the City Council on June 23 to again be given full credit and to continue the item on the agenda for Full Council consideration. John and Rita Gregory, besides having been Chula Vista tax payers and employers, have prepared road bed and added one full lane of traffic, undergrounded utili- ties, installed curb, gutter and sidewalk, and readjusted proper- ty elevations and landscaping in order to comply with City or- ders. We have more than paid our fair share based on frontage for the property that we have developed. I was disappointed that Council did not continue the item and allow me additional time to develop an appeal. However, Councilwoman Grasser-Horton confirmed with Staff that special considerations could be granted for the JT Racing request for full credit for prior street improvements. If we are not permit- ted full credit for these requested expenditures, it would cer- tainly appear that it was to our financial detriment to have relied on the previous commitments by City Officials. Sincerely, JT Racing USA Thousan.d Sei/en-:Hundred 'six PAY TO =HE OROEF~ DF Ca.dom -~¢le~dows Devel:o memt Coz 'OD SE, OS,' CTtpdoi1 l~(J ~lClOWS plaocaix San Diego I)c]lVCr J~ne 19, 1987 Mr. John Gregory J.T. Racing 515 Otay Valley Road Chula Vista, CA 92011 Dear Mr. Gregory: We are pleased to submit our proposal to remove the two telephone poles located at 515 Otay Valley Road in front of your Corporate offices. This proposal also includes the trenching, placement of conduit, backfilling, and coordination with the telephone company. Listed below is a breakdown on the cost for the above work to be performed. Remove telephone poles with compression and place lines in underground $4,077.00 Trenching and installing conduct for underground telephone lines 2,970.00 TOTAL $7,047. O0 Honthly progress payments to be submitted on the 30th of each month and payable on the 10th of the following monl'h. S ~gned: Agreed: CARDON MEADOWS DEVELOPMENT COiiPORATION J.T. RACING t- Vice President ~ 9339 Genesee Avenue, Suite 250, San Diego, California 92121 (619) 587-0073 DcvdopIllCl:l[ _ ~}!~ Phoemx COUpOF:Irlotl / ~ San Diego .,. DenSe'r- Februar7 22, [988 ' ' ' {2- Hr John ~,regory -"2 ': _. T. ,Racing,. .:, 515 Ora ' Valley Road "' Chula V±sLa CA 92011 : , I(e: Pa ym~!nL iue for thc l-omova l o£ cwo telephone Road Dear Hr. GregDrv: As per your agreemenu WlBh 3ardon Meadows De June 15 1987, copy a~tachcd, please charges. . 4: z~guecmenc amount due on work performed Less prepaymcnc recczv!d AmounE due }lake payments payable ~o: / Cardor Meadows Development CorperauAon 9339 Genesee Avenue, Suite 250 San Diego, CA 92121 Please noun. per our agreemenE: invoices month are payable on the 10th of the followzn Sincerely~ --' CARDON MEADOWS DEVELOPMENT CORPOiUkTION Adminislrative AssisuanE TEL: blh Attachment 9339 3em~see Avenu~ Suite 250 Sam Diego California 92121 519 INVOICE ~ RICK ENGINEERING COMPANY I ..... ~S/°~u'~'*~ : 5620FRIARSROAD SAN DiEGO, CALIFORNIA 92110-2596 TELEPHONE AREA CODE619 2910707 INVOICE ND. 874077 J~To RACING IMPORTS PAGE ND. 1 5Z3 0TAY VALLEY RCAD CHULA VISTA CA 52010 INVOICE DATE 09/30/89 5ILLING PER~0D 08/27/88 THRU 09/~0/83 JOB: 9173-A OTA¥ VALLEY ROAD CLIENT 3061 ~OB BILLING GHULA V~$TA OTAY VALLEY 2DAD IMPROVEMENT PLAN CONSTRUCTION CHANGE~ & TOP0 SURVEY NOT TO EXCEED: $800.00 PRINTING ~ND EXPENSES ADDITIONAL CURBS PRINCIPAL 0.~5 H~S@ 85.0000 21.25 CHIEF 1.50 HRS~ 62.5000 CHA~NMAN 1.50 HRS@ 62.5000 93.75 TOTAL CURBS 208°75 DIRECT LAS]': TOT~L 208.75 DELIVERY 20.00 WESTSIDE BLUEPRINTINc 25.88 D~RECT EXPENSE TOTflL 45,88 vouct, er ~ ~ ' ~r~ad ~o p.O. ~..~ RICK ENGINEERING COMPANYI'',"~'N~ ~°"~"*"~ 5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110-2596 TELEPHONE AREA CODE 619 291-0707 IN¥OZCE NO. 8~3456 JCT. RACING IMPORTS PAGE NO. 1 515 OTAY VALLEY ROAD CHULA VISTA CA 92010 INVOICE DATE 08/26/88 BILLING PERIOD 06/25/88 THRU 07/ID/OB JOB: '9173'A OTAY'VALLEY ROAD CLIENT 3061 JOB ~iLL!NG CHULA.VISTA OTAY VALLEY ROAD IMPROVEMENT PLAN CONSTRUCTION CHANCE, & TORO SURVEY NOT TO EXCEED: SBO0.O0 PRINTING AND EXPENSE/S ADDITIONAL ~ IMPROVE.PLANS-DRAFTING PRINCIPAL ENGINEERING DRAFTER to00 HRS~ 48.0000 48.00 ASSOCIATE ENGINEERING DRAFTER 2.50 HRS8 45.0000 112.50 TOTAL IMPROVEipLANS-ORAFTING 160,50 CONSTRUCTION CHG.~DESIGN ASSISTANT ENGINEERING DESIGNER 1.50 HRS8 45.0000 67.50 TOTAL CONSTRUCTION CHG*-DESIGN 67.50 DIRECT LABOR TOTAL 2ZB.O0 PRINTING 30,35 SUPPLIES 5.48 DELIVERY 20.00 WESTSIOE BLUEPRINTING 12.78 DIRECT EXPENSE T~TAL 68.61 TOTAL JOB BILLING ::=:=:=::===> 296.61 Ex~entions Checked Cardon Meadows Col-~ sm~ I)i June 19, 1987 Mr. John Gregory J.T. Racing 515 Otay Valley Road Chula Vista~ CA 92011 Dear Mr. Gregory: We are pleased to submit our proposal to remove the two telephone poles located at 515 Otay Valley Road in front of your Corporate offices. This proposal also includes the trenching, placement of conduit, backfilling, and coordination with the telephone company. Listed below is a breakdown on the cost for the above work to be performed. Remove telephone poles with compression and place lines in underground $4,077.00 Trenching and installing conduct for underground telephone lines 2,970.00 TOTAL $7,047.00 Monthly progress payments to be submitted on the 30th of each month and payable on the 10th of the following month. Signed: Agreed: CARDON MEADOWS DEVELOPMENT CORI~ORATiON J.T. ~\CING Se~.~P)~/~. ~pClenny ~ Or Vice President ~ x~J 9339 Genesee Avenue, Suite 250, San Diego, California 92121 (619) 587-0073 Illll[ INVOICL 15946 )LD TO J.T. RACING 515 OTAY VALLEY RD. CHULA VISTA, CA 92011 /31/88 515 OTAY VALT,F:Y RD_ ~NTI'TY DESCRIPTION UNIT PRICE NET AMOUP 1. CEMENT CUTTING, INC. EQUIPMENT $ 6,399.: ~/ 2. SUBLET EQUIPMENT 1,532. 3. SUBCONTRACT 10 , 259 4. MATERIAL 2~ $21,911., EASE PAY FROM INVOICE -- TERMS: NE iTE CUSTOMER COPY · YELLO~ -- POSTING ~ PINK -- PILE COPY ~O~ ~ 2~:,q' ~ I - + J. T. RACI~.G 5~5 otoy vo~ley Rd. ~tlil~lUTE CHULA VISTA, CA. 92011 ~IEMO Subject OT iYLC!NG RP2iU!REiD STREE? IHPROVE~{ENTS ENGINEERING 5Si.24 REMOVE TELEPHONE POLES UNDERGROUND TELEPHONE LINES 2~'?0.00 CONCRETE NOP~K,GUTTERS, WALK 12].34.00 CURB & DRAINS STREET PREP & PAVING 219111.48 TOTAL 416~3.72 515 Ot~:¥' Valley Ro~d, Chula Vista, C,', 9207, (6i9 421-2660 Fa:.'.. No. (6t9) 421-9~'8 J'F Hc~c ~,g USA ,,z~ CHECK NO. ;200U: 9-42'-266C ~&X: 6i 9-42 Hi.t'JC:,~EE) ~b.b'./?..2 ,¢, '-,c: ':*~x[;, ~S i~'~ ;zz ',';" :'t;,AMOUNTOFDHECK SOLD TO J.T. RACING 515 02AY VALLEY RD. CIi'JL2, ViPPA. CA 92011 CEMENT CU'iPqiNG, I',C. EQUIPMEkT $ 6,399.20 2. S iBLE'P EQU I Y £d[";N? 1,532.43 3. SUSCON ~RACT i0 , 259 . 78 ~. b rt'EIe}i2' d~ 3,720.07 , P~ $21,911.48 }x' ;kEASg PAr',C'~, .... .?i,I iNVOICE '---TEi~M.'S: I'4E f' i0 DAYS __,-, .~. ~L.;,k;It~,,: 5].5 OTAY VALLEY RiD N/zT/.sd o.,-.~,'c .... -} ll[,b ,r" 12.00 144.00 · ' " -' ........ e~u0 50,d.00 ,-~-,,~ '3 ~,iP.~ ~0.00 450,00 ..... '.,,,nn~ ~,, ...... 9 . 00 23'7 . 00 ~A,. 1 --,u u~, 2 [its ~,),0u 100.00 =u,x u~,,/ co > ~ ....~- ,- 56 . 00 112 . 00 ..... :~6.00 50%.00 b~i<'~ ?I<UCN 8 !iRS L0.00 400.00 ! 3',," l ]/" 8 :~1 ~": .... m : , ..... ~ 8 HRS . t, 00 4~8.00 kO/!.2. 68 P'" .... J3UNJP PRuCr~ 8 NRS . ~. ~ } 400 00 ].0, -,, ~ SAW 2 [:!~S '.2.00 144.00 ,u 400.00 i':3/19/83 BC .... ~ . .-~ '_ b.,u0 224.00 ~-.~,~t -: HAS EC.00 200.00 DUMP x~,,~,:~ 5 i/RS ' 0.00 300.00 ~0,/ ~%, ac PLAG i~U'.>I 7 Nb',S 22.00 154.00 ~'Lf~G._ MAN 7 rr.,o~,~.., -"°.00~ 154.00 '[ "'>~ '~ ~"-' ' ~6 00 280 00 0~ =,, U ..... :u~, < 9 Hi'S 22 ("0 44 .00 1~/0o,,8,: O:, ~ "~ c9.00 88.00 E'OTA5 = .},i,999.00 ~x, qo O. ~ n x. 9o- 1,599 80 ,~ ' / ~6..39g.20 1845 LOGAN AViiN[;E ,, 5,\' N DIEGO,, CA 921i3 (~19) 23i 1735 · (SCO2ql) I)O489 !225 'OCEANSJDE753-7~0 J.T. ~,3_CiNG 515 G'PAY VALLEY RD. 10/]{}/88 DUS[P TRUCK 7!2 HRS r,{) 50.{10 375.00 I0,'11/88 SUMP ~'RUCR 7~.: NRS- 50,{~0 375.00 !0/!1/$$ DUMP TRUCK 2 NRS S0.00 !00.00 10/1'?,/88 ]DUMP TRUCK ,[ }ERS 50.00 200.00 ROLLER I DAf 160.81 !0/18/88 ROLLER ! DAY ] 60.81 10,/19/88 ROLL[£R i. i2AY 160. 81 $!~532.43 !8,45 kOGAN '~YE?{U]i ~ SAN [)/} (}O C'\ 91~/3 (619) 23!-]73~ 'ESCONDH}O489dl![ 'OCKAMSIDE753~76,'i0 co~ ~c~'U~-~ ..... ~' -~'~n ~ ,~ ~ c ~:~c~° ~ CHARGES NOT LATER THAN "k'~ o CALF ........ ~ =~k ,d~n~v~a~q~ ,'~i~s~ ~-- 'H~MONTNFO~OWIN~T~ DUI'~iP TRUCK FRiEIGH~ l~lLl HOURLY - ZONE - TONNAGE ~LL CONSIGNOR ~ -- ~:' ~ NONE i [7 TOT~T~ ~ TRANSFER ~ ~ O~R c~ ' ~ 2AXLE ~ 2AXLE ~ END DUMP S~Mi /~ ORIGINAL J.T. RACING 515 OTAY VALLEY RD. SUBCONT~iCT ANGUS ASPHALT (PAVING) $ 9,i. 58.58 HUDSON SA~'ETY LiTE (T~G%PFiC) 461.20 PACiP!C ENGINEERING LABS (TESTING) 640.00 $10,259.78 1845 LOGAN AVENUE ° SAN DIEGO, CA 91113 (619) 23]-i735.ESCONDIDO489-1225 'OCEANSIDE753-7650 ASPHALT General Contract0r ~, Coatr. L[c. N~ 525300 , ' ~ ' (619) 562-8201 P.O. Box 139 - Lakes[da, CA. 92040 184S San Di~o, Calif. 92113 TERMS: NET 20 Days INVOICE NO. 000-266 JOB LOCATION d. T. Nac~r~g 5~50ttyC .... ' '¢~ ' "-, k, ta, Calif. ~a~k !,287.12 Naberial 3,994.41 ~,, ~ ,~,nd~ b 800.00 Sub Conhracb 1~322.25 ' host 7 400.78 ,0,,o o.H. ~o, z~ 814.42 8~958.58 8 Nrs. Hnson 200;00 ; . Total $9,~58.58 %~ank you for your business. SAFEST %5- bITES ~ARR[CADES SIGNS p.o. *Jo Don/Harold LOCATION Chu~a ViS~4~ 515 O~y Va!l~ ~. O~xt ~ "~ ~t. 27 88 1845 ~i~: Aven~ S~ Diego, CA 92113 LITES ~D BARRICADES ......... THRU .................. DAy5 .............. UNLT2 ......... UNIT DAys ......... THRU ..................... OA¥$ .............. ~N[T5 ......... IJN~T TOTAL UNIT DAYS ................... ~ISCELL~EOUS EQUIPMENT ~,n ~ i44 10/i0 10/25 16 22 432 576 144.00 ......... T~ ................ ~**~ .........u~T~ U~T O~*S ~-----:-~P Traffic ~:le% 10~10T,~U 1.0~25 16 U**S 20 UNITS 320 U~'r O**S ~ .20 64.00 ~i Dasqer Fl.a~ 3!~i~9~ ............. o,~s !0 1.95 ~.50 Oa~tr Sic~n ~5 1011.~,~~ 10125 16 ~*vs ~ 3Z UmT ~ 17.50 p/W 80.00 ~rS~ Sign %2 ~.~ !S/~ }~/2~ ~6 ~r for ~t : mtn/! tsk ~r4!0TFIRM ................ ~**s~ HS-,ujG,T.A-----uu,~ :**~ 30.05 p~ 30.05 SERVICE O4AROE S~ CC%7I'~U,ZLT!ON S~ FOR SODI?IONAL (I{.zP, GES 30.05 TOTAL OHA~GE~ "$. 461.20 INVOICE P A C I F I C E N G I N E E R I N G EL CAJQN, CA 92020 LABORATORIES, INC. (619) 57 9-83~3 CLIENT: C ~2EI'~ T CU~TiNG 10/~4/88 _4762 1845 LOG~ A~ S)2~ DIEGO, C3$IF0~IA 92113 ;HUL). VZ ST/,~ 10/LL/88 S~,?LE M/D 1.5 '~'~n.~ 40.00 60.00 Id,,'D ~,U~,¢~ 1 ea 90.00 90.00 $23o. oo INVOICES ARE PAYABLE ON RECEIPT E N G I N E E R I N G EL CAJON, CA 92020 LABORATORIES, INC. (~9) 579 8353 i845 l, CC~2; AVENUE ~ATE INVOiCE NO. 3¢%; DIEGO, CABIPOFO]iA 92i! 3 915 0TAt VALLE~ ENG;[iP~ERING T![;CiE.~!CifG.i & HOEiLE %~'d¢ 2 Z='s $40.00 $ 80.00 lO/Z7./$$ ENGINEERING TEC}E.;iCi~f & ~dOBiLE ~3 2 hfs $40.00 80.00 ~{GiNEi~RING TECi~'~iCifd~ & MOBILE ~ 2 Pms $40.00 80.00 ENGiNEERiNG %'i~CHNilCi~[[ & H03ILE !~}3 2 !~s $40.00 80.00 H/'D C3!!V2 1 ea $90.00 90.00 INVOICES ARE PAYABLE ON RECEIPT J.T. RACING 515 OTAY VALLEY RD. HATERiAL 9/28/88 DUMP PEES i EACH @ 35.00 35.00 i EACH 25.00 25.00 SAND 19.92 ~?ONS ]1.00 219.12 CONCRETE 258.72 9/29/88 SAND 8.54 g'ONS il.00 93.94 CONCRETE 780.40 9/30/88 CONCRE'£i~ 583 41 ii0/12/88 CLASS iii! BASE 119 15 10/17/88 CLASS ii BASE 1029 83 10/18/88 DUMP FEES 2 EACH 35.00 70 00 10/19/88 CLASS Ii BASE -i- ].~" ROCK 254 78 10/20/88 CLASS I! BASE 127 07 !0/25/88 TOP SOIL 83 07 11/03/88 TOP SOIL 40 58 $3720.07 1845 LOGAN,\V[iNUIi o SAN D~£iGO, C.,\ 92~13 {{519) 23!-1135 '}l$CONDIDO489-1211 'OCEANSID~753-7650 L 11685 109/30/88 REMIT TO: SIM J HARRIS CO. TO: CEMENT CUTTING, INC. P. OBOX3069 1B45 LdGAN AVENUE SA~ DIEGO. CA 92103 SAN DIEGO, CA. 92113 PHONE: (619) 277-~S1 09/26/88 i 4t5it i2. 900 TONS SD41 CLASS II BASE 7. O0I 90. 3C 09/27/88 41522 12. 230 TONS SD41 CLASS II BASE 7. O0 85. 61 09/27/88 41524 15. 650 TONS SD41 CLASS II BASE 7. O0 109. 5~ 09/28/88 41663 12. 040 ~TONS SD41 CLASS II BASE 7, O0 84. 2E :09/28/88 41708 13, 450 TONS SB41 CLASS II BASE 7. 00 94. I~ 09/27/88 41626 1. 920 TONS SIMS IMPORTED SAND 11.00 21. I~ 09/27/88 41636 3, 240 TONS SIMS IMPORTED SAND i1. 00 35. 64 09/28/88 41689 9. 740 ~TONS SIMS IMPORTED SAND 11. 00 ¢07. 14 09/28/88 4173~' 10. ~sO~i~ONS SZ~S Z~POR~D S~NO !i.00 ~11. 9S 09/29/88 41830 8. 5401~ONs SIMS IMPORTED SAND- i1. O0 ~3. 94 09/26/88 41436 11. 030~TONS STRS TUNNEL ROCK ~/8" 8. 75 96. 5~ _.[ SALES TAX 66. 80 TERMS: NET CASH -- PAYABLE UPON RECEtPT OF INVOICE ~ 1, ~94. 6~ :? INVOICE no:m;~ T~NST~ MIXED CONCRETE SAND & ROCK TL-LEPHONb (619) 263-7231 ' o~ ~o. 09/30/S~ 00474;J T~ 3B LOCATION 51 b ',3'1A/ VALLE RD . O0 636 3360 l, PlfiP F i61 Sil. 4o 5i4. oo 514 oo TAXABLE SUBTOTAL 514. O0 c) 50% SALES' TAX ,0.-hllNS OF STANDBY ~0'.90- ~/M i INVOICE ]A~ P.O. BOX48~ CHULAb STA 0A92012 ~NSIT M~XED 3ONCRETE SAND & ROCK TELEPHONE ({JlE 203-7231 DATE 3KIfi~NT CUTTZN~ INC civil Code 5t ....... hcreby nodfiod ..... ~,1 ........ ¢ ~45'I~(=Ai~ 'k t~V~ m,nvereu ;o me ~cat~on sp~,cifictl Imreon a~ thc rcq ' iT ~AN iT) IE~O, CA 72.:i Iq full for labor, material semi ..... · eqnipment furnished OBLOCATiCN ~]15 DTAY VALLEY RD. C V. ..... ~ · ,- . ?': : 693. 90 TAXABLE N S. '--.-../~,..-~ NELSON AND SLOAN ~.o, ~o×,,~ CHUL~ VISTA TRANSIT N,IJXED CONCRETE UAN2 a I1OuX TLLLPHONE }19/ 263-7231 PLANT F QUANT :Y I DESCRIP%ON UNT ,.LC NELSON & SLOAN,~S RELEASED FROM L[AB[L TY FOR A~Y DAMAGE R~'I~ .... 90 - R=C~VED.BY ~ /~ /~ ~ADDEDON JOB 'J GALLONS WATEP ? ','J ].0,00 6755 78 - :EDEN'[ ;~UT/'fNG~ t:N('}, TZCKET N(3- :L89S77~ ¥ Yi]'E CUSTOMER S COPY N E ~ND Po. box .~ NELSON & SLOAN IS RELEASED FROM MABIUTY FOR ANY DAMAGE RESULTtNG F~'MZ~ER~- ' CUST. NC DATE Tff~E DUE TRUCK NO DRYER ~(~ bQADNO - ;~DS. DE~IVEB~O CEHEN'] CUTT:I:NG, INC. 515 OTAY VAL. LEY,'%~Z CHULA VISTA ::'LANT 2 b , MOIST 7 Y. :L TYF'E;ZI CEHENT;:;~ 564,00 '. ] ' R O C 3/8 ROCK .~ S ].:5 ~ O0 iS'LAST --- :L61 ', - DEL ~/ERY RECE PT .... .,'G ,% LST~R'S CER'F CATE . ~1 -~ 4'3 WIL~ NOT PERFORM AS ANTIO~PATED DUE TO THE iNCREAS~D-WA~LOE~E~¢~h~T[O , ' LEAVE JOB ti is ced f c&;e, who ~s a recognlzed authority o¢ acc~r&cy, as p,uscqbed ~ Ch&pto¢'7, cdro&4'cind ,~th'~Seotio¢:;12700)~o¢'Uivls~o* 5 of the //(~-- CEME'NT CU'TT]NG~ INC, TZ,C~,~,"~O. 189520 '''; 515 O'FAY VALLEY F~I ._,?~:,1~ :, .., CHULA ~ZS'T~ PLANT 2 9 ~ 50 :/' ~.,~.... ~. NELSON AND SLOAN o OTA ~ iNS,DE CURE LINE RECEIPT OF MATERIAL ~S ACKNOWLEDGED.;' FINISH UNLOAD S DATE TiME DUE -RUCK NO. DRIVER LOAD NO YDS.'DELiVBRED P,O, NO LOT OR JOB NO. LOAD S~ZE MIX NC LOT CHG & S NO, E~ · 0 0 6 ;~ 6 51 :Pic. N'I CLYTTZNG :I:NC · TICKET NO, 189263 DRWER ORDERED ]C QUANT T~, 5,00 PHONE S~M DO PRODUCTS DIV PHONE SIM _ HARRIS COMPANTM NORTH COUNTY 753-1538 BOX 3069 HiLLCRES~ ~TATION . SAN DIEGO CA 92103 CHEC~ ONE SIM J HARRIS JOBE CUSTOMEP PICK-JP~¢~¢~Ek~ERCD~ Sol~ To Address Job Locati)F Plant Time __~ ; F~. ~OEUVERYsIM J.iCHECK ONEHARRIS Gross ~ CARRIER 0020 EXI~A UOPY 'HONe. S]MCC PRODUCTS DIV PNONE 277-548 S M _. ¼ARR 3 COMPANY NORTH COUNTY 753-1538 3OX 3069 HILLCHES F SI'ATION CHEGK ONE S M J NARR S JOB[] CUSF(~'MER PICK-UF ~//,DL~L_i'~EREDIZi sas Sold To .}r; ' T ME ABRiVEb ' '' Address Job Location · SAC 9 SUPER COLD M?X SBPB PERMANABLE BASE [SIMS Plant Time /: / ' BY RECEiVEE 0020 ~X~ fi,~ COkY PHONE SIMCO SRDDUCTS DIV PHONE 27%548' SIN' HARRIS COMPANY NORTFI COUNTh 753-1538 ~OX 36C9H__SRESTSTATJDN * 8AN DIEGC CA 92103 CHECK DNE SIM _ ~z~ S JOE ~ CU$TOME© DIOB .Up ~i./¢OELiVERED[] SEE Sos To_ '7t'' '¢-'' ' ' ' '-' "'- Address SHEET MIX CONE ROCK 3/8 CHIPS- 1/4" x ]/8" FIk: -- :;CF,~OL CONE ROCK 3/4"-' CHIPS- 5/16" Plant Tim e : ~uwm': ic~&'ou[ .... _ D SIM J. H~RR S Gros~ ' ' ~ CAPRI~. 0020 2XT~V~ CDPY '- DUMP TRUCK BiLLiNG FOR,/V~ OFFIQE COPY June 30, 1992 TO: Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: Robert A. Leiter, Director of Planning SUBJECT: PLANNING COMM[qSION ACTION ON GPA-92-02: CITY IMPLEMENTATION OF THE COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT PLAN The Planning Commission held a public heating on the proposed General Plan Amendment on June 24, 1992. At that hearing, the Commission was presented with a letter from Greenfield Environmental, dated June 24, 1992, which requested that the matter be postponed, due to what they alleged was inadequate noticing of the heating. While the Assistant City Attorney advised the Commission that the noticing of the heating was legally adequate, it was recommended that the Commission continue the hearing to June 29, to allow Greenfield Environmental additional time to review the staff report and proposed General Plan Amendment. On June 25, 1992, the City Attorney's office transmitted a letter to this effect to Tom Vernon, Assistant General Counsel, Greenfield Environmental. On June 29, 1992 the Planning Commission conducted the continued public hearing on the proposed General Plan Amendment. At that hearing, the Commission was presented with a second letter from Greenfield Environmental, dated June 26, 1992 and received June 29, 1992, again requesting postponement, alleging improper noticing of both the Planning Commission and City Council hearings, and the resultant lack of sufficient opportunity to review and comment on the proposal. To the best of staffs knowledge Greenfield Environmental was not present at the hearing, and when requested, no one came forward to address the Commission on the matter. The Commission subsequently voted 7-0 to adopt the resolution recommending that the City Council approve the proposed General Plan Amendment and direct staff to prepare the necessary implementing amendments to the Zoning Ordinance. Copies of the minutes from the two hearings, the mentioned letters, and the Planning Commission resolution are attached for your review. RESOLUTION GPA-92-02 RESOLUTION OF THE CITY PLANNING COIVIlVIISSION OF THE CITY OF CHULA VISTA, CALIFORNIA RECOlVIMENDING ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT OF THE CITY GENERAL PLAN TO INCORPORATE PROVISIONS RELATED TO THE MANAGEIvIENT OF HAZARDOUS WASTES, AND THE SITING AND PERMI'ITING OF HAZARDOUS WASTE FACILITIES, WITHIN THE CITY The City Planning Commission of the City of Chula Vista does hereby f'md and recommend as follows: WHEREAS, as required by Article 3.5 of the California Health and Safety Code the San Diego County Board of Supervisors ("Board") had duly prepared, and approved by the State Department of Toxic Substances Control ("State"), the County of San Diego Hazardous Waste Management Plan CCOHWMP"); and, WHEREAS, on January 6, 1992, the City received written notification from the "Board" of the "State's" approval of the "COHWMP"; and, WHEREAS, Health and Safety Code Section 25135.7(c) requires that within 180 days of that notification, the City do one of the following: t. Adopt a City Hazardous Waste Management Plan containing all the elements required by state law, and which is consistent with the "COI-{WMP"; 2. Incorporate the applicable portions of the approved "COHWMP, by reference, into the City's General Plan; or 3. Enact an ordinance requiring that all applicable zoning, subdivision, conditional use permit, and variance decisions are consistent with the portions of the approved ~COHWMP" which identify general areas or siting criteria for baTardous waste facilities; and, WHEREAS, Health and Safety Code Section 25135.7(d) provides that taking action pursuant to section 25135.7(c) does not limit the authority of the City to attach appropriate conditions to the issuance of any land use approval for a hazardous waste facility in order to protect public health, safety and welfare, or to establish more stringent planning requirements or siting criteria than those specified in the ~COHWMP~, provided that such requirements or criteria are not inconsistent with the intent of the 'COHWMP"; and, WHEREAS, the City has prepared amendments to the Public Facilities Element of the City General Plan to incorporate applicable portions of the approved "COHWMP" pursuant to the course of action prescribed under Health and Safety Code Section 25135.7¢)(2); and, WI-I~REAS, the City has prepared amendments to the Public Facilities Element of the City General Plan to incorporate applicable portions of the approved "COHWMP" pursuant to the course of action prescribed under Health and Safety Code Section 25135.7(c)(2); and, WHEREAS, as provided by Health and Safety Code Section 25135.7(d), those amendments also set forth those more specific objectives and policies of the City with regard to local ba-~rdous waste management which are intended to serve as refinements of the more general directives of the 'COI-IWM?", including the establishment of local planning requirements and siting criteria which may be considered more stringent than those specified in the ~COHWMP", and which are designed to ensure that review and permitting of proposed baT~rdous waste facilities is made with the highest regard for the health, safety and welfare of the citizens of the City of Chula Vista and the natural environment, recognizing more specific local conditions; and, WHEREAS, the Environmental Review Coordinator has determined that an Addendum to the Final EIR for the "COHWMP" may be prepared for the subject General Plan Amendments; and, WHEREAS, the City Planning Commission held a duly noticed public hearing on June 24, 1992, and a continuation of that hearing on June 29, 1992, to consider the General Plan Amendment, and heard and considered all evidence and testimony offered by all interested parties concerning the General Plan Amendment, and considered the Addendum issued under EIR-92-03; and, WHEREAS, the proposed General Plan Amendment was determined to be consistent with the intent and provisions of the "COHWMP"; and, WHEREAS, in order to fully implement the provisions of the Amended Public Facilities Element with regard to hazardous waste management, and the siting and permitting of proposed hazardous waste facilities within the City it is necessary to prepare amendments to the City's Zoning Ordinance; NOW THEREFORE BE IT RECOMMENDED by the City Planning Commission of the City of Chula Vista that the City Council: SECTION 1. Consider the Addendum under EIR-92-03, prepared in accordance with the provisions of CEQA, Public Resources Code section 21000 et seq., and the guidelines promulgated thereunder, CEQA guidelines Section 15000 et seq., prior to taking action on the General Plan Amendment. SECTION 2. Find and determine that the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A, are -2- consistent with Article 3.5 ("Hazardous Waste Management Plans") of Chapter 6.5 ("I-laTardous Waste Control") of Division 20 of the Health and Safety Code, commencing at Section 25135, et seq., and with the COI-IWMP. SECTION 3. Adopt the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A. SECTION 4. Direct staff to complete in a timely manner the necessary implementing amendments to the Zoning Ordinance. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29th day of June, 1992, by the following vote, to-wit: AYES: Chair Fuller, Commissioners Carson, Casillas, Decker, Martin, Tuchscher, and Tugenberg NOES: None ABSENT: None Susan Fuller, Chair Planning Commission Attest: Nancy Ripley', Secretary -3- UNO F ICI AL/ NUTES EXCERPT FROM MINUTES OF PLANNING COMMISSION MEETING OF 6/24/92 ITEM4: PUBLIC HEARING: GPA-92-02: CONSIDERATION OF CITY INITIATED AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT OF THE GENERAL PLAN IMPL~G AND SUPPLEMENTING THE APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT PLAN Associate Planner Batchelder noted a memo had been given to the Commission which included select pages of the General Plan Amendment and were a result of comments from the County Hazardous Materials Division. He gave an overview of the amendments and outlined the contents of the Hazardous Waste Management Plan. Commissioner Tugenberg asked if it were not generally accepted that whatever site takes place, it would be in proximity of the landfill. Mr. Batchelder answered negatively, and said it could be in any industrially designated area identified on the map of "general areas." He noted that if future General Plan amendments involved industrial land, that land would be evaluated on a ease-by-case basis to determine whether they should be candidate areas for a potential siting. In answer to Commissioner Tugenberg, regarding industrial neighborhoods versus landfill neighborhoods, Mr. Batchelder said there needed to be flexibility so the potential for siting a facility would not be excessively limited because of the variety uses of hazardous waste facilities which vary greatly in their inherent public health and environmental risks. Commissioner Tugenberg questioned whether the City's location of the sites would be in conjunction with the County Engineering staff. Mr. Batchelder answered negatively and explained the procedure. Commissioner Tugenberg believed there should be some coordination between the County bodies and the City. Mr. Batchelder stated there is coordination required through a Local Assessment Committee. Commissioner Martin asked for a definition of hazardous waste. Mr. Batchelder replied that it was a complex subject, and introduced Mr. Chris Gonaver from the County Hazardous Materials Management Division. Mr. Gonaver said the County uses four basic categories in determining baTnrdous waste: corrosive, flammable, toxic, or reactive. Commissioner Martin asked if the County regulations were concerned with small containers of oil, etc., which would be used in the home. Mr. Gonaver answered that the County enforces state and federal regulations, which are primarily directed toward businesses utilizing hazardous materials in the course of their businesses. He said there were regulations in place for disposition of household hazardous waste, and the County had a cooperative program with the cities to dispose of those. PC Minutes June 24, 1992 businesses. He said there were regulations in place for disposition of household hazardous waste, and the County had a cooperative program with the cities to dispose of those. Commissioner Decker asked if the list of hazardous materials changed from time to time, since new materials were continuously being invented. Mr. Gonaver concurred, and said there were general guidelines established both in state and federal regulations which were amended from time to time. Chair Fuller asked if an educational program would be developed for the general public regarding how to handle ba~'-rdous waste. Associate Planner Batchelder referred to page 3-41 regarding household hazardous waste. I-Ie noted, also, that the County had an active public awareness program including mobile recycling and collection events. The City of Chula Vista, in addition, has a Household Hazardous Waste Element which has not yet been brought forward for adoption. This proposes that the cities look into establishing permanent household hazardous waste collection facilities within their jurisdictions. Chair Fuller noted that Kaiser would be disposing of their hazardous waste in-house. This being the time and the place as advertised, the public hearing was opened. No one wished to speak. Assistant City Attorney Rudolf noted that a copy of a letter dated June 24, 1992, from Greenfield Environmental, signed by Tom Vernon, Assistant General Counsel, was received by the Commission. Someone on behalf of Greenfield Environmental was expected to appear, to address the Commission with regard to the issue of its jurisdiction to proceed. The letter challenged the legal validity of the notice given for the hearing and asserted it was invalid. Therefore, the Commission did not have the authority to proceed and that they had been denied the ability to adequately analyze, respond to, and participate in the hearing. Mr. Rudolf stated that the notice was adequate and met the State requirements of the Government Code which was cited in the letter, but suggested--to be cautious--that rather than dose the hearing, that the Commission consider and grant a continuance on this item to no later than Monday, June 29, to reconvene again and notify the complainant that, at their request, the item had been continued and provided them with another opportunity to address and comment on the proposed amendments in the context of a public hearing held by the Planning Commission. Chair Fuller polled the Commission members regarding the time of the meeting on June 29. MSLIC (Decker/Martin) 6-0 (Commissioner Tuchscher absent) to continue the public hearing on GPA-92-02 to June 29, 1992, at 5:00 p.m. UHOFF, C AL/ NUTES MINUTES OF A CONTINUED BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 5:00 p.m. Council Chambers Monday, June 29, 1992 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Chair Fuller, Commissioners Carson, Casillas, Decker, Martin, Tuchscher, and Tugenberg COMMISSIONERS ABSENT: None STAFF PRESENT: Planning Director Leiter, Principal Planner Howard, Associate Planner Batchelder, Environmental Review Coordinator Reid, Environmental Consultant Miller, City Attorney Boogaard, Contract Attorney Appelbaum PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chair Fuller and was followed by a moment of silent prayer. INTRODUCTORY REMARKS Chair Fuller reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS - None Chair Fuller noted this was a continuation from the June 24, 1992, meeting for the following item: ITEM l: PUBLIC HEARING: GPA-92-02: CONSIDERATION OF CITY INITIATED AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT OF THE GENERAL PLAN IMPLEMENTING AND SUPPLEMENTING THE APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT PLAN Associate Planner Batchelder noted that documents had been distributed to the Commission including a letter dated June 25, 1992, to Mr. Tom Vernon, Assistant General Counsel of Greenfield Environmental, which was a response from our City Attorney's office to Greenfield PC Minutes -2- June 29, 1992 Environmental relating to the letter which had been submitted by them as to the adequacy of noticing for the June 24 meeting. Mr. Batchelder asked that the letter become an official part of the record. The second document was a letter dated June 26, and stamped received June 29, also from Greenfield Environmental, outlining further positions on their part with regard to noticing adequacy for not only the June 24 hearing, but the Commission heating on June 29, and the City Council. The third document was a draft form of resolution for action by the Commission hearing for June 30. Mr. Batchelder gave a brief summary of the resolution. City Attorney Boogaard asked that it be recognized that this was a continued hearing from the June 24, 1992 meeting instead of a special meeting, and requested that the June 26, 1992, letter from Greenfield Environmental be recognized as part of the record, as well as the City's June 25 response to a prior letter. MSUC (Casillas/Tuehseher) 7-0 to include as part of the record the letter dated June 25, 1992, to Greenfield Enviromnental, and the Greenfield Envlromnental letter dated June 26, 1992. City Attorney Boogaard requested that if anyone from Greenfield Environmental was in the audience, to come forward and present any objections to the Element amendment, if they wished to do so. No one from Greenfield Environmental came forward. Commissioner Decker asked if the memorandum to file from Mr. Appelbaum was part of an appendix to the letter of June 25, 1992, from Tom Vernon. City Attorney Boogaard responded negatively, and asked Attorney Appelbaum to enter into the record additional evidence of specific contact he had had with Mr. Vernon. Attorney Appelbaum, Legal Consultant with the City of Chula Vista, stated that on June 25, 1992, at approximately 9:15 a.m., he called the office of Tom Vernon, who is the Assistant General Counsel at Greenfield Environmental. Mr. Vernon was unavailable at the time; Mr. Appelbaum left a message on his voice mail informing him that a public hearing regarding these proposed amendments to the Public Facilities Element of the General Plan would be continued to June 29, 1992, at 5:00 p.m. In addition, on the same date, at 10:38 a.m., Mr. Appelbaum sent a fax copy of a letter advising him of this continued hearing, as well as the transaction report confirming it was faxed. These materials were also sent by ordinary mail to Mr. Vernon to advise him of this continued hearing. Mr. Boogaard requested that the memo of that conversation, along with the exhibits, be made a part of the record. MSUC (Decker/Casillas) 7-0 to make the referenced memo and exhibits a part of the record. PC Minutes -3- June 29, 1992 Commissioner Tugenberg asked what interest Greenfield Environmental had in this. City Attorney Boogaard answered that they are the operators of the APTEC facility, and are a licensed hazardous waste facility operator. No one else wishing to speak, the public hearing on GPA-92o02 was closed. MS (Casillas/Decker) to recommend that the City Council consider EIR-92-03 Addendum to the County Hazardous Waste Management Plan EIR prior to taking action on the project. City Attorney Boogaard recommended that the draft resolution be adopted as the Planning Commission resolution to be forwarded to the City Council. RESTATED MOTION: MSUC (CASILLAS/I)ECKER) 7-0 to adopt Planning Commission Resolution No. GPA-92-02 recommending adoption of the amendments of the Public Facilities Element of the General Plan to incorporate provisions related to management of the hazardous waste, and the siting and permitting of hazardous waste facilities within the City DIRECTOR'S REPORT - None COMMISSION COMMENTS ° None ADJOURNMENT at 5:20 p.m. to the Special Business Meeting of July 1, 1992, at 5:00 p.m. in the Council Chambers. Nancy Ripley, Secretary Planning Commission June 24, 1992 dO/~' 2, z ~. BY HAND DELIVERY MEMBERS OF THE CITY PLANNING COMMISSION Planning Department Public Services Building 276 Fourth Avenue Chu/a Vista, California 91910 RE: Proposed Amendments to the Municipal Code and the Public Facilities Element of the General Plan. Ladies and Gentlemen: I am writing in connection with the proposed General Plan and Municipal Code amendments relating to hazardous waste management within the City of Chula Vista (Item No. 4 on tonight's agenda). I write to inform the Planning Commission that we are unable to provide detailed substantive comments on this matter because we did not receive notice of this hearing as required by local, state and federal law. Because we may be vitally affected by these proposed amendments and would have very much fiked to have had the opportunity to provide the Planning Commission with meaningful comments, we strenuously object to the City proceeding in this matter. Section 19.06.010 of the Chula Vista Municipal Code incorporates by reference California Government Code §§ 65300 through 6536-1 relating to general plans. When contemplating an amendment to a general plan, California Government Code §§ 65090 and 65353 require that the Planning Commission hold at least one pubfic hearing on the matter which is noticed at least ten days in advance. Such notice must contain "a general description of the matter to be considered, and a general description, in text or by diagram, of the location of the real properly, if any, that is the subject of the hearing." California Government Code §§ 65094. Federal due process requires $¢r(~Dulous compliance with these notice requirements. See. e.g., Carter v. City of Salina. 773 F. 2d 251, 254 (lOth Cir. 1985) ,' ("municipafities ... must scrupulously comply with statutory requirements, including notice and hearing, in order to provide due process of law") (emphasis added). The proposed amendments on tonight's agenda were not noticed in accordance with these laws. Rather, proper notice of these proposed amendments to the General Plan was not given until the end of the day on June 18, 1992, only four business day ago. We still have not received proper notice of the proposed amendments to the Municipal Code. Members of the City Planning Commission June 24, 1992 Page Two This inadequate notice is directly attributable to an incorrect statement in the June 10, 1992 "Notice of Public Hearings By The City Planning Commission And City Council Of The City of Chu/a Vista, California." That notice stated that "[c]opies of the proposed amendments ... are on file in the office of the Planning Department." Relying on this representation, we attempted to obtain copies of these documents on several occasions. On each occasion, we were informed that contrary to the representation in the June loth "notice," the documents were not yet on file. It was not until last Thursday evening that we were successful in obtaining the documents relating to the proposed amendments to the Genera/Plan. As of the writing of this letter, the proposed amendments to the Municipal Code are still unavailable. Even if these documents were available as represented, we doubt that the June 10, 1992 notice would satisfy the "genera/exp/anafion ... [andJ description" requirement of California Government Code § 65094 by merely referencing the availability of the proposed amendments without describing the subject matter of those documents in more detail. With these documents unavailable, however,,there can be no question that the June '10, 1992 notice was defective, because that document did not provide any meaningful notice of the content or scope of the proposed amendments and, moreover, inaccurately stated that the proposed amendments were "on file" in the Planning Department. See Drum v. Fresno County Deoartment of Public Works_. 144 Cal. App. 3d 777, 782, 192 Cal. Rptr. 782 (1982) ("Wholly inaccurate notice is no notice at all"). The magnitude and complexity of the proposed amendments merely serves to highlight the unreasonableness of this inadequate notice and the importance of compliance with the notice requirements. The prop¢sed amendments purport to modify over 60 pages of the General Plan, and concern the implementation of the voluminous County of San Diego County Hazardous Waste Management Plan. It is simply not possible to provide detailed, meaningful comments to such lengthy and complex amendments in three business days. I would suggest that it is also equally impossible lor the Planning Commission to provide an informed recommendation to the City Council on such short notice, especially when the inadequate notice has effectively deprived the Planning Commission of the benefit of thoughtful pubfic comment. In this regard, it bears mention that the County's Hazardous Waste Management Plan was the product of several years of drafting and comment by both the public and state agencies, yet the Planning Commission is being asked to provide a recommendation on language pertaining to the same subject matter which is, apparently, less than one week old. The last minute appearance of these amendments is all the more surprising because the City approved both the County Plan and EIR. The City's last action respecting this plan, occurred in June of 1991. Members of the City Planning Commission June 24, 7992 Page Three Indeed, there are numerous issues which will require luff airing before the Planning Commission can make an informed recommendation to the City Council. A cursory reading of the proposed amendments to the General Plan which were made available last Friday reveals that they are materiallv more restrictive than the provisions of the County's Hazardous Waste Management Plan. For example, the City's amendment purports to use "Fair Share" concepts to prohibit or unreasonably restrict multiple user facilities. The wisdom and legafity of such restrictions require thoughtful discussion. Aisc, I doubt whether the form and content of the "Addendum To The County of San Diego Hazardous Waste Management Plan Environmental Impact Report" supporting the proposed amendments (Attachment B) complies with the substantive and procedural requirements of the California Environmental Quality Act ("CEOA"). The complexity and importance of these issues illustrates precisely why the law requires timely, meaningful notice of proposed general plan amendments. The lack of compliance with these notice requirements has deprived our cfient and other members of the public the opportunity to provide detailed, substantive comments on the proposed amendments. Accordingly, we object to the City proceeding in this matter. Very truly yours, 'Assistant General Counsel TV:ih CHULA VISTA OFFICE OF THE CITY ATTORNEY June 25, 1992 Tom Vernon Assistant General Counsel Greenfield Environ~enta! 5964 LaPlace Court Carlsb&d, CA 92008 RE: Proposed amendments to the City of Chula Vistaes Municipal Code and the public facilities element of the general plan. Dear t~. Vernon: We are in receipt of your letter dated June 24, 1992 objecting to the notice received by your firm regarding the proposed General Plan amendments relating to the permitting of hazardous waste facilities in the City of Chula Vista. We believe the City fully complied with the notice requirements set forth in the Government Code and city Charter. Nonetheless, the City encourages participation by interested individuals and welcomes any comments you may have regarding this matter. This letter serves as official notice that at your request for more notice, at the public hearing held by the City of Chula Vista Planning Commission on June 24, 1992, the Planning Commission continued the public hearing regarding the proposed amendments to the City of Chula Vista~s Municipal Code and the public facilities element of the general plan affecting the permitting, siting, and conditions for hazardous waste facilities located ~n the City of Chula Vista, to Monday, June 29, 1992 et 5:00 p.m. at Council Chambers, 276 Fourth Avenue, Chula Vista, CA. This additional notice will provide you with more than the ten days provided for in the Government Code according to the date you allege receiving the proposed amendments, on June 18, 1992. The continued hearing will be held to consider any additional comments or concerns you may have regarding this matter. Minor amendments were considered to the general plan amendments at the June 24, 1992 hearing to respond to the commments made by the San Diego County Department of Health Services, Hazardous Materials Management Division. (Enclosed is a copy of these minor amendments) No further action was taken on these 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037 amendments. Please ~ntact us immediately if you have any further questions. Bruce M. Boogaa~ City Attorney ~ ~ City of Chula ~ta CITY OF CHULA VISTA Sune 24, 1992 TO: /TChairman and Members of the Planning Commission VIA: Ken Lee, Assistant Director of Planning FROM: l Ed Batchelder, Associate Planner~ SLIBJECT: ITEM NO. 4. GPA-92-02: REVISIONS TO SELECT PAGES OF THE PROPOSED AMENDMENTS TO THE PUBLIC FACILITIES El ]~MENT OF THE GENERAL PLAN The attached select pages serve as replacements for those pages of the amendended Public Facilities Element previously distributed to you for consideration at tonight's hearing. Proposed revisions to those amendments have been shaded for reference. Somewhat minor and technical in nature, the revisions reflect comments received from the County Hazardous Materials Management Division, and will be reviewed during the staff presentation. It is recommended that the Planning Commission accept the revisions, and recommend that the City Council adopt the proposed General Plan Amendment as herein revised. toward the manaoement of hazardous waste in a comorehensive and systematic aooroach, and reouires every County to formulate and adoot a Hazardous Waste Manaaement Plan. The San Oie=o County Hazardous Waste Manaaement Plan (COHWMP} was oreoared in coooeration with local ~urisdictions and the San Oieoo Association of Governments (SANOAGI, and aooroved by the State Oeoartment of Health Services (DH$) in October ]991. Its orincloal =oal ts to 'establish a system for manaQinQ hazardous materials, includinQ wastes, to orotect oubltc health, aafetv and welfare, and maintain the economic viability of San Diego County.~ The COHWHP serves as the orimarv olannin= document orovi~tnQ overall oolicv direction toward the effective manaQement of hazardous waste Within San OieQo County, includin= that within the C~t¥'~ General Plannlnn Area, throuQh establishment of =oals, oolicies, and imolementatton measures ~redicated uoon the followin= manaQement hierarchy: EncouraQe and suooort hazardous waste reduction and minimization at its source throuoh methods such as alteration of manufacturinQ oroce~aea and/or saterial substitutions. ~ncouraQe recvclino and on-site treatment. 3. Provide for adequate off-site multi-user facilities to ohvsicallv or ~hemicallv eliminate or diminish hazardous orooerties, or reduce re~idual volumes reQuirinQ disposal, in a manner which orotects oublic health. safety, and welfare, and 4. Provide for adequate disoosal facilities for treatment residuals. The ~OHWMP function~ as a auide for local decisions reoardina hazardous waste issues, and in addition to waste reduction strateaies, it sets forth sitino. oermittina and orocessinQ reauirements for local review of aoolications for ~E~/_~.,-/s4~b~?~ off-site hazardous waste treatment facilities. As sugh, -each cl(~ Wi:bin the County is required to adoot necessary orovistons to imolement the COHWMP. Therefore. the followinQ'related sections of the Public Facilities Element of the Chula Vista General Plan incoroorate the COHWMP by reference as if set forth herein, and as orovided by law. orescribe those more soecific, or strinoent, olanninQ requirements and sitinQ criteria reflective of local conditions which shall orevail over the more eeneral orovisions of :he ~OHWMP i~ favor ~f en~urinQ the utmost orotection of oublic health, safety and welfare, and environmental resources within the City of Chula Vista. Objective 17: Develop effective screeninQ orocesses for new and existinQ local businesses usinQ hazardous materials and oeneratinQ hazardous waste to encouraQe waste minimization. Objective 18: Promote recvclinQ and alternative technoloQies for industrial. small business, and household hazardous wastes in coooeration with the County and other aqencies. WPC 0324P 3-4 FIGURE 3-5 EXISTING OFF-SITE FACILITIES IN SAN DIEGO COUNTY JUNE 1992 EXISTING OFF-SITE HAZARDOUS WASTE TREATMENT & STORAGE FACILITIES 1. A~or0priete Technologies 2. PRC San Diego 3, B~ron-Blekealee San Diego 4. NAS Noflh lelend Coronado ~. I~.~et Oil · , I. 6.fefyKINn ~ San Diego , ?. Ttiacl Marine ~' Mn DieSo 3-19 B.S HAZARDOUS WASTE CONTROL POLICIES Effective and safe manaoement of hazardous wastes within the Cttv of Chula Vista. in accordance with provisions of the COHWMP. reouires the development of policies and implementation measures which recoonize not only the need for adeouate waste treatment capacity, but also the need to reduce the volqme'Pf waates produced, to establish a local requlatorv framework to coordinate the rg¥iew of applications for new or expanded hazardous waste facilities amonq involved auencies, parties and the public, and to set forth locational, sitinq, and oermittino criteria for hazardous waste facilities which will ensure the protection of public health and safety of citizens, and environmental resources. As a rapidly arowina, mixed-use community characterized by the intearation of industrial, busines~ and technoloaical areas within a oredominaqtly residential land use fabric, the City of Chula Vita has special concerns with respect to local hazardous waste manaaement, particularly the safe sitin~ or expansion cf off-site hazardous waste treatment facilities. Based on particular local gpnditions creatino these concerns as further indicated in the followino sections, it is the City's intent to actively participate in. and promote effQrt~ to reduce the volume of waste addinq to the necessity to ~ite new, pr expand existinq, hazardous waste treatment facilities. Furthermore, as provided by Section 25135.7(d) of the Health and Safety Code. the followinq sets forth those Dlanninq and sitinq criteria, and other prQvision~ intended to prevail over those of the COHWMP. where their application is more ~trinoent or restrictive in favor of the protection of the public health, safety and welfare, and environmental resources within the City cf Chqta Vista. Hazardous Waste Minimization Consistent with the provisions of Chapter VI of the COHWMP. (1)' The City ahall ~pn~inue to participate in and support the efforts of/he. ~ounty Hazardous Materials Manaqement Oi~ision (HMMD) and ~#~~/H~£~f~?~!!~the~!i~!!!~iii~!~?iiiii~ia~!~?~ to meet the~ q0al Cf Qeneration over the next five year~ throuqh source reduction, reuse, and recvclino ~pproach~, This shall include the exploration of fundinQ and Qrant sources. ~2) The City shall encourage the development of ~/~d~ industries within the general plan area which are nealiaible or minimal hazardous waste-Droducina, and shall properly screen and identify new or proposed development that will be using hazardous materials and generating hazardous wastes. ~3~ Prior to the issuance or renewal of a business license for businesses usina hazardous materials and aeneratina hazardous waste, the City shall hat the licensee WPC 0324P 3-40 (4) In cooperation with the County HMMD. the City shall work to enhance community awareness and public relations reqardinq hazardous waste manaqement and minimization throuqh dissemination of literature, and the sponsorinq of educational workshops and forums with hazardous material and waste l~dustrv leaders, product and business associations, and local waste eenerators. ()) The City shall establish a orooram to recoonize industries or businesses that effectively eliminate or minimize hazardous wastes. (~) The City shall prepare periodic reports on the oroqress of hazardous waste minimization efforts in the City. Household Hazardous Waste Pursuant to the requirements of AB 939. the City has prepared for adoption a Household Hazardous Waste [lement (HHW[) as a component of county-wide inteqrated waste manaqement plans. ~onsis~ent with Chapter V of the COHWMP. the HHWE addresses the safe collection, recvclinq, treatment and disposal of household hazardous waste within the City over both the short term (1991-1995) and mid-term (]996-2000). (1) The City shall work with the County to encourage, through community education, a reduction in household hazardous waste generation by promoting safe substitutes and recycling. (2) The City shall encourage the safe disposal of.household hazardous wastes by working with the County in providing convenient disposal alternatives to the residents of Chula Vista, in¢ludinq support and sponsorship of community ~ollection events, and establishment of specialized criteria for evaluatinq the sitina of temporary and permanent collection centers. General Areas The Tanner Act (AB 2948) reouires the maooinq of 'eeneral areas' within which hazardous waste facilities miqht be established, sub.iect to evaluation based on the sitino criteria set forth in the subsequent section. "General areas" are intended to illustrate the extent and distribution of potential sitine opportunities within Chula Vista and as such. are desiqned alonq with the sitino criteria as first step in analvzinq the appropriateness of a particular )i~e f~r a hazardous waste facility. The 'qeneral areas' ARE NOT recommended legations fQr such facilities, nor are ~hey intended as a specific euide to 1Qga~i~ns where facility si~inq applications are encouraqed. However. facility proposals should be considered only if they are within the oeneral areas desionated herein. WPC 0324P 3-41 2. Proximity to immobile oooulation~ Proximity to immobile oooulattons ts defined as the distance from the boundary of the site uoon whtch the factltt¥ ts located to area~ where oersons who cannot or should not be moved are located, ~ The definition of in~nobtle oooulattons includes chtldcare faclllttes and K-J2 schools as well as hosottals, convalescent homes and orisons. Hazardous waste facilities shall not be located w~thtn one efle of any of these oooulattons unless the reauired risk asae~ment satisfactorily indicates that the attendant health and safety risks are not aoorectabl¥ increased, and then only at the dtscrqtion of the City Council. 3. Caoabtlttv of emeraenc¥ services Caoabtlttv of emetaencv services ts defined to include the extent Of tratntno and eautoment of fire deoartments, ooltce deoartme~t~, and hosottals for handltno tndustrtal emeraenctes, oarttcularl¥ tho~e tnvolvtno hazardous materials and wastes. All facilities shall be located tn areas where ftre deoartment~ are trained to deal with hazardous materials accidents, where mutual aid and immediate atd aareements are well-established, and where demonstrated emeraenc¥ resoonse times are the same or better than those recommended by the National Fire Preventton Association, ~ The City may reautre additional factlttv destan featurea an~/ot on-site emeraencv services at the factltt¥ ba~e~ on the t¥~e of wastes handled or the locatton of the factlttv. ~ub~ect to the satisfaction and aooroval of the City Council. fac~lJtie~ may orovide their own emeraencv resoonse caoab~lttv. ENSURE THE STRUCTURAL STABILITY OF THE FACiLiTY 4. Flood hazard areas ~ Flood hazard areas are deftned as areas whtch are orone to inundation bv lO0-vear freauencv floods, and by flash floods and debris flows resulttna from major storm events. Flood hazard areas can be determined bv checkJna Federal Emeraencv Manaaement Aaencv flood insurance moos or with local flood control dtstrtcts. Restduals reoosttortes are exoresslv orohtbited tn areas subject to tnundation by floods wtth a ]O0-vear return freaue~¢y, and should not be located tn areas subject to flash floods and debrJa flow~, ~PC 0324P 3-47 At oresent, however, there does not exist Clear direction as to how a local Jurisdiction ts to constder and aooly fair share ortnctoles to soectfic facility sittna orooosals. The orincioles contained in the COHWMP. as dertved from SCHWMA's Reaional Action Plan. focus on whether county-wide needs for waste treatment and disoosal are beinq met throuqh either facilttv caoacitv within the county, and/or effective inter-eovernmental aereements with other counties. In such context, emolovment of fair share considerations at the local level tn evaluatino new or exoanded facility orooosals may be sionificantlv tmoacted if County-wide needs, which the Jurisdiction has no direct authority over. are not betne fully addressed. This situation does not recoonlze Jurisdictions within the County which are already host to hazardou~ waste facilities, nor does it orescribe how a County may acceotablv develon tnternal fair share oolicies which define when a local ~urlsdlctlon has met its reasonable fair share of reoional resoonsibilitles. As the fair share conceots are somewhat new, further efforts are necessary to develoo more soectfic fatr share oolicies withtn San Oieoo County to clarify eouttable facility sttine and other waste manaaement resoonstbiltttes amona the Reeion'~ ~urisdictions. Such ooltctes mioht als~ take into consideration the type and amount of other reeional facilities t~ which a jurisdiction ls host. The City recoonizes 1ts resoonsibilitv for the manaeement of hazardous waste, and the COHWMP's fair share orincioles, and will aoolv an interim fair ~hare conceot in the local reaulatorv orocess for hazardous waste facilities which addresses the City's involvement in an amount orooortionate to waste ~enerated within the City. and a reasonable fair share of overall needs within San Dieqn County. The City's intent is to recoqni~e other communities' needs to accent resoonsibilitv for. and/or site. an eouitable share of needed facilities, esneciallv if the oeneration ~f waste ia fr~m ~ommunitie$ which are not actively undertakino effgrts to achieve ~n-aite treatme~ and waste minimization. In con.Junction with the aforementioned, when reviewinq aoolications for new or exoanded hazardous waste facilities, the City will consider the followinq in the fair share evaluative orocess: 1) The City shall reouire the orooonent :~ identify the location of waste sources, and the resoective v~lumes ~f the particular waste stream(s) from each of those sources it will serve. )~il)cl~ino~!i!thg!~!! ~:E't~i~'~e~:~i~uture~ Th~'"C~tv ~hall ~l~"~6~i~e~he orooonent [~ gbb~it"'dat~ ~ith ~esoect to county-wide waste needs, exts~lnq factlttv canacittes, and tntereovernmental aqreements, so as to orovide a complete comparative base, The Cttv shall evaluate and consider the minimum waste stream necessary to ensure the economic feasibility of the orooosed facility. 3) The City will review the efforts out forth by the communities oeneratinq the involved wastes to reduce their off-site treatment needs throuah on-site treatment and waste minimization technioues. 4) Based on an analysis of this data. considerin~ waste oenerated by the City. other South bay Communities. the remainder of San Oieqo County. and other Jurisdictions outside the.Reqion, the City shall identify any concerns with respect to fair share concepts, and as WPC 0324P 3-59 RECEIVED June 26, 1992 P NING ¢: e C BY HAND ~)ELIVERY Members of the City Planning Commission Planning Department Pubfic Services Building 276 PouCh Avenue Chu/a Vista, California 91910 Members of the City Council City Council Offices 276 Fourth Avenue Chula Vista, California 91910 RE: Proposed Amendments to the Municipal Code and the Public Facilities Element of the General Plan Rel¢tinq to Hazardous Waste Manaqement Lad/es/Gentlemen: We have learned that the City of Chula Vista Planning Commission may hold a 'special meeting' on June 29, 1992 to consider proposed General Plan and Municipal Code amendments relating to hazardous waste management. As we pointed out in our letter dated June 24, 1992, local, state and federal law requires ten days notice of any contemplated amendments to general plans. Like the defectively noticed June 24th hearing, any hearing on June 29th must also comply with the ten-day notice requirement if an amendment to the General Plan is acted upon. Thus, notice of that meeting must have been given on or before June 19, 1992. To our knowledge, the City has provided no public notice of any hearing on June 29th. To the extent that the June 29, 1992 meeting is cast as a "continuation" of the June 24, 1992 meeting, it is merely a continuation of a hearing which, as the Planning Commission correctly recognized, was itself defectively noticed. If the public was not provided with proper notice of the June 24th meeting, then it necessarily follows that the public also does not have proper notice of a "continuation" of that hearing ab, sent separate notice of the continued hearing, which independently satisfies the applicable laws. The City has provided no independent notice of the June 29th hearing. Chula Vista's handling of this matter continues to deprive the public of the opportunity to provide meaningful comments to the proposed amendments. Where the public had only three business days to digest the proposed amendments pdor to the June 24th meeting, the public (assuming it were even aware of ~he unnoticed 'special meeting") now has only two additional business days to provide comments prior to the rumored June 29th meeting. Worse yet, any action by the Planning Commission on June 29th will come on the eve of the City Council meeting relating to the same subject matter. The Planning Commission is statutorily required to prepare and forward written recommendations Members of the City Planning Commission Members of the City Council June 26, 1992 Page 2 to the City Council. Ca/. Gov't Code Section 65354. We cannot conceive of how the Planning Commission can entertain public comments on the proposed amendments, assimilate these comments, and provide though~u/, comprehensive written recommendations to the City Council in less than 24 hours. Even assuming the Planning Commission is equal to this task, the City Council would certainly not have adequate time to review the recommendations prior to its meeting on June 30th. The one conclusion which could be reasonably drawn would be that the CiO/ Council has either 'rubber stamped" the Planning Commission's recommendation, or has decided the matter without considering the Planning Commission's recommendation. Regard/ess, it is c/ear that the City Council is now without jurisdiction to take any action on the proposed amendments to the Genera/Plan. As discussed above, the Planning Commission has not properly noticed a public hearing on the proposed amendments, and it is now impossible to properly notice any meeting before the City Council's scheduled hearing on June 30th. A public hearing and written recommendation by the Planning Commission, however, is a prerequisite to any action by the Ci~/ Council. Ca/. Gov't Section 65353 and 65354. furthermore, the June 30th City Council meeting #self is not properly noticed. Because the City Council is power/ess to act on a proposed amendment to the Genera/Plan in the absence of a written recommendation of the Planning Commission, the City Council is not even in a position to notice a meeting until it has actually received these recommendations. At an absolute minimum, however, fundamental principles of due process requires that the pubfic have access to the Planning Commission's recommendations far enough in advance to react intelligently to those recommendations prior to the City Council meeting. It is unlikely that the public could react to a proposal of this magnitude in 10 days,/et a/one less than 24 hours. Because no Planning Commission meeting is properly noticed for June 29th, and because of the genera/sense of confusion created by the now compounded notice problems, we have been unable to conduct anylhing more that a cursory review of the proposed amendments. We therefore reserve our right to provide our comments on the proposed amendments until such time as the City has comp#ed with all applicable laws. However, in the short time available to us, we have identified the fo/lowing preliminary concerns with the proposed amendments: 1. Violations of the Tanner Act At first blush, the proposed amendments appear to reincorporate the same defective features of the County of San Diego Hazardous Waste Management Plan ('COHWMP') which caused the State of California to reject the original COHWMP. Spec#ica#y, the 'more restrictive hazardous waste regulations' which Chula Vista is contemplating, might cause hazardous waste treatment, storage and disposal facilities to locate in a municipality which does not have equally restrictive requirements. This implicates the precise Members of the City Planning Commission Members of the City Council June 26, 1992 Page 3 'fair share' concerns which the State found deficient in the original COHWMP. Thus, to the exlent that the proposed amendments are more restrictive than the COHWMP, they violate and are preempted by the Tanner Act. 2. Noncompliance with CEQA The proposed 'Addendum To The County of San Diego Hazardous Waste Management Plan Environmental Impact Report' ('EIR Addendum') appears to violate both the procedural and 1substantive requirements of the California Environmental Quality Act ("CEQA"). From a procedural standpoint, CEQA does not permit the City to proceed by an EIR Addendum because the proposed amendments are a separate project. Even if the proposed amendments are considered part of the same project, however, an EIR Addendum is not permissible because the proposed amendments have the potential for new significant environmental impacts which are not accounted for in the COHWMP's EIR. The proposed EIR Addendum violates the substantive requirements of CEQA because it is completely lacking in any substantive discussion of the environmental impact of modif}/ing the Iocational, siting and permitting requirements in Chula Vista For example, the EIR Addendum utterly fails to discuss the significance of the environmental impact that making Chula Vista's General Plan "more restrictive [on] hazardous waste regulation" than the COHWMP will have on the rest of the Southern California region. The above items represent only the most obvious issues that are raised by a cursory review of the proposed amendments. Again, we reserve our right to submit additional comments at such time as the City acts in a 'manner consistent with all applicable laws, It is our firm conviction, however, that both the Planning Commission and City Council are now without jurisdiction to take any action on the proposed amendments and cannot modi~ the COHWMP tn any way. Very truly yours n CHAIRMAN: Banking, Finance and Public Assembly ?' California Le slature Ut~l~iesandComrnerce MEMBER: rune 25, 1992 STEVE P~CE ~,~o.~.~,~ ASSEMBLYMAN The Honorable Tim Nader Mayor, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader: As Chairman of the Neighborhood Environmental Literacy Task Force, I would like to state that the task force unanimously opposes the proposed permit approval for Appropriate Technologies II (APTEC). We have been informed that the City of Chula Vista has prepared amendments to the Public Facility Element of the General Plan. The policies and guidelines establishing the criteria for siting facilities such as APTEC, are long in coming. They are first steps towards ensuring that hazardous waste facilities are not placed in geographic locations that are incompatible to the area. The Neighborhood Environmental Literacy Task Force, composed of elected officials and South Bay community representatives, wishes to go on record supporting in concept the intent of the City's amendments to the General Plan. Given APTEC's expansion plan, it is unconscionable to subject the citizens of the South Bay to potential hazards resulting from subsequent increases in hazardous waste transport and treatment, particularly in light of their request to treat cyanide waste. I trust positive action will be taken on these amendments and once again reiterate our support for the City's plan to ensure local authority in this regard. Sincerely,/~!~u~~ -. ~c MICHAEL JOHNSON, Chairman NeighborhoOd Environmental Literacy Task Forc4'A cc: The Honorable David Malcolm '~ The Honorable Jerry Rindone The Honorable Leonard Moore The Honorable Shirley Horton INITIATIVE M~ASURE TO BE SUBMIi'i'~D DIRECTLY TO THE VOTERS The County Counsel has prepared the following title and szlmmary of the cider purple and points of the prope~ed me~sure: FOREST CONSERYATIONINITIATIVE. T~nis measure would dechre its purpose of limiting the conversion of privately owned lands with~ the Cleveland National Forest to uPoan ns~s. It states £mdings concerning the valued resources of that Forest area and the need to restrict development therein, it would apply to th~se pe~tions of the Cleveland Nalional Fores~ that are within San Diego County. The measure would amend the San Diego County General Plan through December 31, 2010, in the following ways: Flrst, it Would reafJ'u'm and readopt certain ex.lng resource protection goals and policies of the General Plan. The~e goals and Policies generally concern preservation of rural or open space areas and natural resources. Second, it would amend the provisions of the 'National Fore~ and State ParksN land use designation in the Genend Plan land use element to state that, for all private land-hol&ln_~( lying within the boundaries of the Cleveland National Forest and outside of Country Towns,· forty acre minim,ll~ ~ll'cel S~ ~d 8 ~ residential building intensity of one d wellin~ unit per parcel shall apply. It would permit the re~ovnl of this designation from land only upon either the making of spaclfled ~iD&in_on~ OF ~f it ls detel~tned that denial of redesijuation would constitute an unconstitutional faltin~ of the landowner's property or deprive the landowner of · vested ri~at. Ma~ of the Cleveland National Forest and affected community pLnnnl._~ areas and subreainnal plannino_ ~ ire at~ehed, thawing the e~riOF boundaries of the Cleveland National Forest; the me~ure would state that adopted community plan or subregional plan map· are vepaaled to the extent they depict private iandholdi~? z~ being subject to · designation other than National Forest and State Parks. Third, it would amend provisions of the WEnvtromnenlally Constrained Area"reainnal category of the Gene~l lqan land use element to add the area described above to that category, and it would make corresponding amendments to the re~ionnt land use element map. Flnnlly, the meagre contains implementation, exemption and severabiilty provisions. The Above is a s~,mmary of the term of the propped measure prepared by the County Counsel as required by Electiom Code Section 3702.S; it does not reflect any letal analysis or opinion of the County Counsel concerning the proposed measure. SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFtCE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 GOVERNING BOARD FAX (619) 425-7469 SUE JARRETT, CHAIRMAN BUD POCKLINGTON, VICE CHAIRMAN WAYNE W SMITH EDWIN J STEELE GEORGE H. WATERS MARGARET A. WELSH CARY F. WRIGHT June 1, 1992 TREASURER DIAN J REEVES SECRETARY-ADMINt STRATIVE AIDE City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Ms. Barbara Bamberger Environmental Resource Manager Subject: SWE~-'f'WATER RESERVOIR URBAN RUNOFF PROTECTION SYSTEM Dear Ms. Bamberger: I am writing in response to your inquiry regarding the effects of increased density in the County of San Diego General Plan within the Sweetwater River watershed. In 1978 the Sweetwater Authority began studying the quality of urban runoff exiting high density urban development. It was determined that Iow flows coming from urban areas could contain as much as 4 times the maximum allowed total dissolved solids. Most of the problems at that time were close in to the reservoir in the Dictionary Hill portion of the watershed. However, by 1984 it was determined that a larger area extending out to Singing Hills Golf Course was set for urban subdivisions which would cause the rapid degradation of waters within the reservoir if protection was not initiated. The solution to the problem was determined to be diverting poor quality urban runoff around Sweetwater Reservoir, thus not allowing the high salt content urban runoff to affect the quality of water in Sweetwater Reservoir. Over the past 8 years since that initial concept, other plans to improve quality in the Lower Sweetwater Basin below Sweetwater Dam, and the middle unit of the Sweetwater River, known as the Jamacha Basin, have been studied and are in various stages of implementation. In the Lower Sweetwater Basin the Authority is studying demineralization of brackish groundwater, and in the Jamacha Basin several plans for utilizing brackish groundwater and other groundwater use techniques are being studied and are soon to be implemented. Beyond the middle Sweetwater unit the watershed extends to Cuyamaca Peak in the Loveland Reservoir watershed, which is tributary to Sweetwater Reservoir. It is possible that a urban runoff diversion system for Loveland may be a A Public Agency, Serving National City, C. hula Vista and Surrounding Areas /2_ City of Chula Vista Attention: Ms. Barbara Bamberger June 1, 1992 page two consideration in the future and that the treatment of water in the Jamacha Basin would serve to turn around the trend of degraded in water quality in the middle basin. When the Sweetwater Reservoir Urban Runoff Diversion system was designed and the studies were done in the early 1980's, the County General Plan was utilized as a model for how the "back country" would develop. The property in the upper portion of the basin, above Loveland Reservoir, was generally to be larger-size lots or contain large amounts of open space due to the topography. The net effect of this was to be that future developments would meet the zoning proposed in the General Plan at that time. In the event that significant changes in the General Plan caused a net increase in density in the eastern portion of the watershed, higher impacts to both Loveland Reservoir and Sweetwatsr Reservoir water quality would surely be seen as high density projects accumulated. The danger in calling a single project 'an insignificant impact" is that the cumulative effect of many such compromises cause a large change as an end result. Significant changes in density, which would cause increases in the amount of contaminants contained in urban runoff, would cause higher costs associated with diverting or treating the urban runoff flows. Rate payers in the Chula Vista-National City area would be paying for the impacts of those projects which resulted in higher profits to developers in the east because of density increases. The Sweetwater Authority would like to see a minimum of density increases applied to the existing General Plan, within the Sweetwater River watershed, so that water quality impacts remain at the levels projected in the 1984 studies. I'would be happy to meet with you at your leisure and further discuss the projects we are considering and/or discuss water quality impacts due to development. Very truly yours, SWEETWATER AUTHORITY Richard A. Reynolds Chief Engineer RAR:In k:~lor elei\wp51\citycv.~ Supervisor Brian B~lhra~/ Supervisor Susan Goldtng Supervisor Leon Williams Supervisor John MacDonald FROM~ chairman George F. Batley~ Proponents of the "Forest Conservation Initiative" are c~rrently appearing before city councils in the region end, by and large, obtaining their endorsement. The supervisor who represents the area is apparently not being notified and, consequently, city councils are taking action when only one perspective of the issue is being presented. This also means that the council ts unaware of the comprehensive actions taken last year by the Board of Supervisors, the local land use authority for the forest ares. I am contacting East county City Councils and asking that they refrain from tsking action on this InitIative until they have hsd an opportunity to review the facts end issues Involved in the central Mountain Update. A s~ary of the actions taken by our Board ts belng prepared for ~hts purpose, tnclud1~g the hearing process, role of the planning groups, time ~nvolved, e~c.. You may also want ~o con=act the cities ~ your district to ensure their awareness of the comprehensive actions already taken by this Board. OOUNYY ADMiNISTRA'rlON elNTER lS00 I~AC:IFIC HIQHWAY · ROOM 351 8AN DIEGO. CA 1~I01-~470 (61l! B UAN P. BILR A¥ May 28, 1992. ,, L.~ ~e Honorable Tim ~er Mayor, ~ of ~ula V~a 27~ Fou~h Avenue De~ ~: You have probab¥ been con~ac~ed by a ~oup called "Save ~c Forr~f' whi~ ~ pre~surlng ~hc Board of Supe~sors ~o place a measure on the b~lo~ In November. ~he measure would fur~cr ~ow~one from wha~ the Board dow~oned during thc Cenxral Mount~n Co~u~y Plan update 1~ y~. ~e a~ached summa~ i~or~ation illu~a~e~ ~hc n~ber ~d lc~h of public hearings devoted to the update ~d provides facts as opposed ~o ~c rhcto~c which is being circulated by ~e Save xhe Forrest ~oup. ~lle I person~ly may disa~ce wl~ some l~d use decisions ~hat may be made ~ your city, I respect your inte~ ~d serlou~ess in which you make them, I would never dare to pubU~y second ~ess you ~d ho~ you will merely "note and file" the request for yo~ coun~l to {~e ac~o~ At a minimum, if you do co~ider ~is on your agend~ I would ask ~hat you provide ~ufficJent notice to county st~ ~d me so ~at we can be presenL Should you have quesdons, plc~c c~l me. S~cerely, ~Bflbray Vi~-~ BPB:c~ A~tac~ent ~: 2ohn ~oss, ~F M~ager COUI(~( ADMIN~iTRATION CENTER 1500 PACIFIC HI6XWAY · ROOM $$1 SAN C)~E(~0. CA Paul A. Pel~crson San Diego, C~Fornia 92101 June 10, 1992 Ms. Beverly Authelet City Clerk CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, California 91910 Re: Forest Conservation Initiative Dear Ms. Authelet: With regard to the above-referenced proposed initiative, dealing with property within the County of San Diego, we understand that your City Council either has been contacted, or will be contacted shortly, to take a position urging the Board of Supervisors of the County of San Diego to place this initiative on the ballot. As property owners in the area, my partners and I are vitally interested in this initiative, and with the issue of whether it should be placed on the ballot. We would respectfully request that we receive as much notice as possible in advance of this matter being calendared for discussion, and it not be set as a consent item. We would request the opportunity to be heard with regard to any deliberations concerning placing this initiative on the ballot. Thank yeu very much for your courtesy. Sincerely yours, ~aul A~. Pet e~r;c~ PAP/al Paul A. Pcrerson 530 B Si~reet. Suil~ ~:~o0 REEF!VED '92 Mayor Tim Nader and Members of the City Council CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, California 91910 Re: Forest Conservation Initiative June 30, 1992, 6:00 p.m. Agenda Item No. 30 Dear Mayor Nader and Members of the City Council: My partners and I are the owners of about 170 acres of land, which is located at the intersection of Interstate 8 and Highway 79 in the Descanso area. This property is near Descanso and is in what is known as the "Central Mountain Region" of the County of San Diego's General Plan. After over two years of intensive hearings, the Board of Supervisors of the County of San Diego voted in December, 1991 to retain 4 and 8-acre zoning on approximately 90 acres of this property, and to apply 8-acre minimum lot zoning on the balance of the property. During the course of these hearings a group calling itself "Save Our Forest and Ranchlands" and other groups, including the Sierra Club and the Audubon Society, and a variety of other environmental and public interest groups, appeared and argued that all private holdings in the entire Central Mountain area should be designated as 40 or 80-acre minimum zoning. The County Board of Supervisors, having listened to this testimony on a site-specific Mayor Tim Nader and Members of the City Council June 29, 1992 Page 2 basis during a number of hearings extending over a six-month period, rejected that position. Instead, it applied a variety of zones to the Central Mountain Update area. The same people are now sponsoring the so-called "Forest Conservation Initiative," and they are asking the City of Chula Vista to endorse putting this on the ballot. Our position is that these matters are not effectively dealt with by initiative. In your own experience, in dealing with the City of Chula Vista, I am sure that you recognize that down-zonings or up-zonings need to be dealt with case-by-case, and that the facts with regard to each piece of property are always somewhat different, sometimes substantially different. The logic of this is evident when you look at a piece of property such as ours. We are at the intersection of a major freeway (I-8), and a major state highway (Highway 79). There is a "Park and Ride" facility adjacent to one of our parcels. There is a cemetery which is still being used adjacent to one of our parcels. There is a County Maintenance Facility across the street from one of our parcels. The County Honor Camp, which houses about 800 inmates is only a mile down the road. There is a small parcel development within the immediate area. In our view, this kind of property should be looked at and thought about differently from a piece of property that may be totally isolated from access which is remote, and in which there is no surrounding development. The voters, when asked to vote on this initiative, will have none of the significant individual facts in front of them. No EIR is required for the initiative. Mayor Tim Nader and Members of the City Council June 29, 1992 Page 3 The people who are sponsoring this initiative are trying to convince you and other cities throughout the County that all lands are the same, regardless of this circumstance, and that most of the private landholdings in the general vicinity of the Cleveland National Forest, from one end of the County to the other, should be zoned to 40 acres as a minimum size, and that this zoning should hold until the year 2010. My guess is that as City Councilmembers, you would not subscribe to such an initiative if it were applicable to property within the City of Chula Vista. You would want to reserve your legislative discretion to deal with the properties in your jurisdiction, on a rational basis. Therefore, I would urge you to reject the request that is before you and to take no position with regard to this initiative. We would urge you to look at this matter the same way you might look at it if it were being presented to you as an initiative that would take away your discretion to deal with the property within Chula Vista, and to deny the request. Thank you for your courtesy in considering this matter. PAP/al CHIEF AO~41NISTRATIVE OFFICER CHIEF ADMINISTRATIVE OFFICE 16oo PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101-24~2 May 26, 1992 TO: George F. Bailey Supervisor, Second District FROM: David E. Janssen Chief Administrative Officer CENTPJ~L MOUNTAIN UPDATE INFORMATION (LS 706) The following are responses to your request for data regarding the Central Mountain Plan Update program. The numbers in parentheses represent the estimated number of hours spent on the update. Work started on plan update September, 1989~ plan update adopted by Board of Supervisors December, 1991 (total of 27 months involving 8,000 hours of staff 'time). Number of hearings before Planning Commission - 3 (15 hours) Number of hearings before the Board of Supervisors - 11 (35 hours) Number of months the plan was under consideration (in hearings) - 8 months (1st Planning Commission hearing on April 9, 1991, Board adoption of final resolution on December 18, 1991 (50 hours). Total acreage of Central M~untain Planning Area - 208,000 acres. Staff met with the three sponsor groups (Cuyamaca, Descanso, Pine Valley) on a monthly basis, if not more frequently toward the end of the planning process, for a period of ]8 months preceding the hearings (a total of more than 50 meetings in the community for a total of 200 hours). Additional information on the plan update is contained in the attached summary. Respectfully submitted, HIGHLIGHTS OF CENTRAL MOUNTAIN PLAN UPDATE On December 18, 199], the Board of Supervisors adopted the resolution amending the Central Mountain Subregional Plan. Among the changes approved by the Board are: Zoning - Of the approximately 42,000 acres or privately-owned lands outside Country Towns, 34,000 acres or 81.3% were downzoned as follows. Required min. lot size Acres From 4 or less acres to 8 acres 1,700 From 8 or less acres to 20 acres 26,500 From 8 or less acres to 40 acres 3,600 From 8 or less acres to 80 acres 2,200 34,000 Left unchanged r 8,000 Total privately-owned lands outside Country Towns 42,000 General Plan Land Use Desiqnation- 41,000 acres of privately-owned lands outside Country Towns now have a (23) National Forest/State Parks plan designation as opposed'to 27,000 acres under the previous plan. This new figure represents 98% of all privately-held lands outside Country Towns. The designation recognizes their presence within the boundaries of Cleveland National Forest. Plan Boundary Adjustments - The boundaries of the Central Mountain Subregional Planning area were adjusted with adjoining community planning areas in order to reflect access and more logical planning spheres of interest. Telecommunications Overlay - A telecommunications overlay zone was established in the Cuyamaca Sponsor Group area which will limit future telecommunication facilities to a restricted site on North_Peak rather than having them scattered throughout the planning area. Joint Sponsor Group Planninq- An Area of Mutual Concern was created between Descanso and Pine Valley Sponsor Group areas. This designation will enable both sponsor groups to review projects which may technically fall within one sponsor group area but have-significant impacts on the other. Scenic Protection - General Plan Scenic Overlay designation was placed on all public lands and on private lands visible from public lands. In addition, "S" (Scenic) Special Area regulations were placed on properties lining routes having scenic values with exception of a quarter mile radius of the intersection o~ I-8/Japatul Valley Road/Highway 79. Recoqnition of Environmentally Sensitive Lands - Environmentally Constrained Area (ECA) designation was placed on all lands known to contain important environmental resources. S80 (Open Space) regulations were placed on most of Cleveland National Fd~est. Six existing Resource Conservation Areas (RCA) were expanded and twenty new ones were created. -2- circulation - Sunrise Highway and most of State Highway 79 were downgraded to Rural Mountain Road from Major Road and Collector Road, respectively. Viejas Boulevard between Riverside Drive and River Drive was added~s a Light Collector Road. An extension of Boulder Creek Road (SC 820} to Viejas Grade was approved to replace Oak Grove Drive as a Light Collector Road. Privately-Initiated General Plan Amendments {GPA) - Roberts Ranch~ Rancho Las Ba~cas and Cedar Creek GPAs were denied. The Merigan-Peterson GPA was approved. AUTHOR\CPRPTRM.192;jcr RECEIVED JJN30 A 1:31 CITY CLEF, K% OFFICE Ju~ 30, 1992 276 l~:mrth Avenue Clmla Vista. CA 91~10 Support Staff R~commendafltm On Fro'est Comervation/niXie-: Take No PusJf~m The Construction ~,a,,.~y Fodera~ion asia ~ ~e Council take no lx~itlon on placing the *Forest ~ zoning oodo nl~.*,,- ~tt/r~ tzten~ nnaly~ md not a btond swetping ml~ envlmmuentnl aonlysis md open d~'--~on as pmv~4_~ by the land use process -- not a broad bl~ tale th~ongh the bltflot box. Zoning by lntflnltve, by~ ~ COIll~lllltty p~mp plallflhlg p.~,~8 a~d il~tead 1~ ~h~ As a camx~r~y, yonr Cotacil aho,zld oonMd~r lbo cont~n~ of Ihe c~unity plnnni~, g~l~ and Sch~,,[,..d ~ tO*nt'l-S any "support" potion on plncing the initin~ive m dm ballot. We thank yon fro- your consideration lind ~ your Conncll to t~m no position on thi~ initiative- SENT BY:Xerox Telecop[er 7021 ; 0- 0-82 ; 15:42 ; 018~815540~ 425 6184;# Sweetwater Union High Sohool District ADMINI~?IATION CENTER 1180 Rflh Avenu~ DIvlM~m ef Pk, nnms and June 8, 1992 Mr. John Goss City Manager City of Chula Vista 276 Fourth Avenue Ohula V~a, CA 91910 Dear Mr. Gce~: Several yearn ago the Olty of Chula Vista and the 8wastwater Union High SchoOl were proceeding towards a cooperative agreement that would have Jointly relocated the corporate yards of the City and the Dlstriot as well as the Dlatr~t's central office. This agreement wes never cop~ummated as originally antiolpeted (lue to philceophicaJ differences that arose between the former District Superintendent and the City of Chula Vlsta~ City Manager ancl Mayor. Recently, both pa~as have again begun to pursue our former cooperative matue with the Initiation of the Youth Center located on the ~mpus of Ohula Vista High School, Joint use of the EastLake Park, an~J the Eastlake High School Library. It would only ~eem appropriate at this time that the City and the District again review the options which were previously discussed regarding the centralizing of corporate fa~ilitias. The mutuaJ bens'lite to a Joint use facility have long been advo~d'ed by several members of the Counoil, the Board of Tru~tess as well as staff from both publlo entities. Before Council cormlders a firm dlre~on on the future Of the City's coq3orate yard, consideration to a joint corporate yard pmpceai and Its potential benefits to both aganclas should again be explorecl/pumued. Any consideration to tills concept would receive an Immediate respon~,e from the ~weetwater Union High School Dlstri~ and would only prove to bermfit all of the texpayem serviced by both publio entities. Sincerely, Andrew B. Campbell Dlre~or of Planning & Facllltlas ABC:mr c: Mr. Upi=itt AN ALLIANCE'OF VETERANS ORGANIZATIONS OF SAN DIEGO COUNTY 7151 EL CAJON BOULEVARD, SUITE C, 8AN DIEGO, CALIFORN~ 921 t5-181 3 3une 1992 ... Honorable Pete Wilson .. '.i' ' State Capitol ' ~ ' 81 "J:' Sacramento, 95814 Dear Governor Wilson. or= o£ constru g ie in full s. upp . - ~= -rom sa1 submitted to the ~&.. ~ /~h11/A vis1~-a, and endorse= ~..- r =0_ _ . -~.,~e with Second Home Co~mission by the City of Chula We realize that the the Health Care'and Income Property Groups. a comple.te package ropoeal was rather unique in that it presented P n and o station of the Home, however~ including land, constructio ,. we believe that it is realistic ann workable. remains that San Diego County is the ideal site for Our contention . __ f its large veterans the first of the Ve_~era_n.e Ho=es ,f~n_ v_i..e_w~,o.~ilitv_ abundance of population, healt.hfu~ o11mate, health care facili=ies, and unlimited Should you or your staff have any questions p~ease contact me. Sincerely, WILL HAYS Chairman RADM Ben Hacker, Director{ CDVA~_~ 1 San Diego County Hon Brian Bilbray, ~upervzsor, uz~v. ~ Hon Tim Nader, Mayor~ City of Chula Vistas' Ron McE11iott, Principal, Health Care Group CDR William Manes, Chairman, Second .Ho~?ommie~.rs Comm. Sen Charles Calderon, Chairman, 5enace vecerans a~ Robert White, San Diego County Veterans Service Officer MEMORANDUM June 29, 1992 TO : Councilmember. Jerry Rindone_.. ~1~' FROM : John D. Goss, City Manager~j~ SUBJECT : Response to Questions Regarding the June 30, 1992 Agenda 1. The purpose of this modification is continue the assistance without increasing the budget. However, according to the agenda statement the purpose is to "allocate 1 additional Lettieri/McIntyre & Associates staff person to assist in coordination of such projects". Which statement is correct? Please explain. This is a continuation of the assignment of one Lettieri/McIntyre & Associates employee to the Project and not an additional staff. The sole purpose of this amendment is to extend the contract time. Item 10 - Approving a revision of a three party agreement for Otay Ranch development 1. Is Baldwin requesting this payment modification due to fiscal constraints they are facing? What do we know regarding Baldwin's fiscal stability? Please explain. Baldwin, similar to other major developers, had originally anticipated that the recovery from the economic recession would have fully occurred by this time, which it hasn't. As a result, developers such as Baldwin are facing cash flow problems. In order to address those concerns, Baldwin has advised the City that they anticipate closing escrow on two major land sales outside of San Diego ~ounty by July 1, 1992. The proceeds from those sales will enable Baldwin to continue to support the expenditures associated with the Otay Ranch planning effort, including the Otay Ranch project team, City staff and consultants. However, in order to so do, Baldwin feels that the deferral date in reference to RBF {previously established to have been paid down by June 30, 1992) should now be extended s~x months to January 1, lg93. RBF is amenable to this change subject to the other terms and conditions contained in the contract document. The same safeguards, from the City's perspective, which were in effect with the last amendment number 6 are still in force and being carried forward. They include a cap of $550,000 on the maximum amount that can be deferred. Also, the guarantee of payment as fallback is security valued at $748,000 (deeds of trust on three model homes) which is unencumbered and free of any debt and owned by the Baldwin Company. We are not aware of any additional information regarding Baldwin's financial situation, and Baldwin continues to make monthly payments to the trust account in the amount of approximately $165,000 per month to meet ongoing project expenditures. Item 13 - Local Transportation Program Missing Agenda Statement The report that was omitted from your packet is attached. Item 15A - Open Space District Number 24 1. Why not set the public hearing when we have the next full Council (which would be July 28th)? Once the Assessments are confirmed by Council, Staff has to transmit the information to the County Tax Collector for a trial run and verification. July 28 would not give us enough time. Therefore it is preferred to have the hearing July 21. Item 18 - Four Square Video 1. Staff reports indicate only two firms were interviewed and one was Four Square (which was the 6th highest bidder). Name the only other firm interviewed. The other firm interviewed was International Corporate Video (ICV). ICV has established an excellent reputation in California (and elsewhere) for specializing in economic development video production for local communities. ICV is based in Pleasanton, California. 2. Except for price, what factors rated Four Square Video over the only other firm interviewed? Please explain including the positive aspects of the other firm interviewed. The reason that only two firms were interviewed is because the reviewing staff panel felt that Four Square and ICV were clearly outstanding among the total of seven proposals. ICV's biggest strength is its extensive experience in producing specifically the type of promotional video that the City wishes to produce. ICV, as a full service firm, has written, filmed, edited, provided state-of-the-art graphics, on and off camera talent, and all related services for over 70 economic development videos nationally and internationally. ICV has developed a special approach to these types of videos, including a questionnaire and pre-production strategy meeting with all pertinent players. Eighty percent (804) of ICV's total production is real-estate related. Four Square's advantages were deemed to still outweigh those of ICV. First, Four Square is recognized as a first class operation offering its own custom-designed facilities and full in-house capabilities including in-house sound stage, audio studio, state-of-the-art digital editing, custom music, and foreign language translation and voice over capabilities, as well as video packaging, duplication, and mailing. While Four Square has produced economic development videos for several local governments and numerous real-estate related pieces, the firm's experience is more diversified than ICV including feature films, corporate video, nationally syndicated television programs, and major commercial production. Four Square offers a major asset via its knowledge of the Chula Vista community due to the firm's proximity and its experience with such clients as the McMillin Company, the U.S. Olympic Training Center, the Chula Vista Nature Interpretive Center, and Rohr, Inc. Finally, the sample video's quality was judged to be superior. 3. If JM Television Productions and Ace Video were not interviewed, why not? As indicated above, the panel felt that ICV and Four Square stood decidedly apart from the other proposals, due to: m Experience with economic development videos per se; m In-house capability; m Sample videos; and m Proposed approach to concept development and script writing. To illustrate, JM Television cited the Carlsbad Chamber of Commerce video as its only experience with economic development videos and indicated that City staff would be responsible for the initial script; ACE Productions did not cite any experience with economic development videos and lacks in-house capabilities similar to Four Square. Item 20 - Latchkey Program 1. Why begin the latch-key program at 2 p.m.? Would not 2:30 or 3 p.m. be a more realistic starting time since children would not be able to arrive until then? Please explain. The child care program is for children grades K through 6. Hours of operation anticipate set up time for staff and an approximately 2:00-3:00 p.m. release time for program participants. Item 21 - EastLake On page 21A-10 staff report indicates ~hat the existing housing base is probably not adequate to absorb the number of employees who will want to live in Chula Vista. Would there be enough housing in a phase-in basis especially since the first two phases would not be completed until lg977 Please explain. The above referenced question includes a sentence from the staff report that is a brief summary of the issue as identified in the EIR. In the context of the ..r.~eduction of 405 higher density units, the following statement is made in the EIR: "Kaiser employees earning low and moderate incomes will increase the demand for rental housing and affordable for-sale units. The existing housing base will have to absorb the employees who will want to live in Chula Vista. Sufficient affordable housing opportunities may be provided in the future through projects such as Otay Ranch and additional phases of EastLake." It is recognized that a significant amount of additional housing will be constructed in east Chula Vista during the buildout of this entire Kaiser project. The purpose of identifying this particular impact in the EIR is to point out the need for providing balanced housing as additional development occurs during this period. Therefore, there will be an opportunity to meet the housing needs of Kaiser employees who wish to live in Chula Vista. However, the exact timing of construction of such housing will depend on marketing and other considerations. Item 26 - Public Hearing - increase to sewer service charges If Council raises sewer service rates by increasing to $16.00 effective fiscal year 1992-93, please explain or provide a chart listing what percentage higher the sewer rate fees will be in Imperial Beach, National City, Coronado, and San Diego. The Percentage increases for the requested agencies are: single family/ Aqencv % increase Month Imperial Beach 11% $23.92 National City 504 $17.17 Coronado 32% $26.30 San Diego 64 $20.39 Chula Vista (preannex) 314 $16.00 Percentage increase from last year is not necessarily a good indicator of how Chula Vista is doing compared to other agencies. Two years ago, when Chula Vista began raising rates in anticipation of the Clean Water Program, it was our policy to raise rates as evenly as possible over a 8 to 10 year period to cover costs based on cost figures given by San Diego at that time. Because of our conservative posture in the past, Chula Vista has large reserves, that were used to soften the increases. But we also started raising the rates in 1990, to increase the reserves in the early years in order to pay high costs in later 1990's, without very large increases. We do have a large reserve, and have pegged the rate near the low end. Our dollar amount per month is still low compared to other agencies in the system. Item 27 - Rate Increase - Laidlaw Waste Systems Please provide a full set of information for the following two Council meetings: 1. Council meeting where the public hearing on Laidlaw rate increase was held for the 1991-92 fiscal year. 2. Council meeting minutes where the rate increase was approved for Laidlaw for 1991-92. Please attach these two sets of minutes for these questions. The minutes from the meetings of August 13 and August 27, 1991 are attached, as well as the agenda statement from the August 27 Council meeting. Item 29A - Assessment District Number go-2 (Otay Valley Road) 1. Again, why was the Engineer's estimate so far off, this time in excess of 314. In fact, the Engineers estimate was higher than all eleven bids. Please explain. The Engineer's estimates are prepared during the later stages of design. This year we have been trying to get a lot of projects out awarded before June 30, 1992. Therefore we used past cost figures and haven't taken the time to upgrade the cost material for estimating, since time was of the essence. As long as the costs come in below the Engineer's estimate, staff has no problem in awarding the bids. If the trend were otherwise, then we'd immediately need to look at what the cause was. Since there were several projects in late stages of process at one time, all our recent project bids have come in significantly below the Engineer's estimates. 2. What would be the estimated or projected interest if these bonds are issues? The rate is determined at the time of sale, after the 30 day waiting period. Staff would estimate the interest rate range of 7.54 to 8.54 3. On page 29-4 under Item #3, the report indicates that staff is reviewing "credits" from Mr. Cushman's property, JT Racing's property, and Mr. Teyssier's property. Why are these three properties singled out and requiring additional review (wasn't staff's recommendation for credits approved last week)? Please be specific. It was staff's understanding that the assessments for the lots would include the credits as approved by Council at last week's meeting. However, in answer to a question by Councilwoman Grasser Horton, staff indicated that additional credits could be given later if Council chose to as long as the City provided the funds and it didn't change the confirmed assessments. Since there were three properties that protested our calculation of credits, staff was willing to take another look. If Council does not want us to do this we should be so instructed. Item 32 - NIC th 1. I've noticed that the NIC program will celebrate its 5 birthday on July 4th. Are there any planned programs to commemorate the 5th birthday of the NIC? Yes, there will'be a ceremony with light refreshments this Saturday, July 4, 1992 from 12:00 - 2:30 p.m. at the Nature Interpretive Center (NIC) to celebrate the Center's 5thAnniversary. The general public is invited, and special invitations (copy attached) have been sent to the City Council, BCT Board of Directors, Friends of NIC, and NIC volunteers. The accreditation of the NIC as a museum by the American Association of Museums (AAM) will be a special announcement made at the July 4TM celebration. The Chula Vista NIC will be only the fifth nature center in the country accredited by the AAM and the first nature center west of the Mississippi River so accredited. 2. What are the possible legal constraints on making the assessment district responsible for costs incurred prior to the formation of the district? Staff is in the process of reviewing the various types of assessment districts (as well as other funding alternatives) and their applicability and constraints as potential mechanisms for funding the BCT loan repayments and/or ongoing operating costs. Because of the unique aspects of this situation, staff needs to review with outside assessment district experts such issues as the ability to make an assessment district responsible for costs incurred prior to the formation of the district. This analysis is not yet complete, but staff wanted to make Council aware that there are questions that have not yet been resolved that could affect the viability of the assessment district funding alternative, particularly for the BCT loans. The staff report recommends that the various funding alternatives discussed in the report be considered further by the Redevelopment Agency, and as part of that review staff will further evaluate the alternatives, including their applicability and constraints. 3. Why not immediately pursue the Redevelopment Agency selling the NIC to the Port District? (It is important to obligate future Port assets to the cities in case the State tries to take over the assets of the Port District.} In response to this question, on June 2g staff discussed this alternative with the Port Director, who was not very receptive to the idea. Staff will also discuss it with Dr. Penner as soon as possible. Item 35-C - Use of City-owned vehicles Would you please provide the following information: a. Employees authorized to use City vehicles who have a specific city vehicle assigned to them. b. The department the employee works in. c. The make and cost of these vehicle. d. The number of miles each vehicle has been used on personal business as reported to the Finance Department for the year 1990. e. The number of miles each vehicle has been used on personal business as reported to the Finance Department for the year 1991. Please attach this information to these questions. The information requested has been attached. JDG:mab cc: Mayor/City Council MINDTF~ OF A SPECIAL JOINT MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, June 30, 1992 Council Chambers 10:54 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers/Members Grasser Horton, Malcolm, Moore, Rindone, and Mayor/Ghairman Nader ALSO PRESENT: John D. Goss, City Manager/Director; Bruce M. Boogaard, City/Agency Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINLrI'ES: None CONSENT CAI ~.NDAR (Items pulled: none) CONSENT GAI.F. NDAR Ol.-l,l:a~D BY COUNCILMAN/MEMBER MALCOLM, reading of the text was waived, passed and approved unanimously. 3. WRI-FrPkN COMMUNICATIONS: None 4.A. COUNCIL RESOLUTION 16666 APPROVINGTHEFIRSTAMENDMENTTOSITELEASEANDFIRST AMENDMENT TO MEMO~ OF LEASE WITH HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE CI-IULA VISTA CEN'rF_~ - On 2/25/92, Council and Agency approved an agreement with Homart for the second expansion of the Chula Vista Center which includes a 600 space parking garage. The configuration of the garage requires an adjusUnent in the leased parcel previously used to secure City financing for the first expansion. The Council and Agency are requested to approve an Agreement amending the Site Lease, Lease Agreement, and Operating Lease, and related documents to accommodate the proposed parking structure. Staff recommends approval of the resolutions. B. AGENCY RESOLUTION 1259 APPROVING THE FIRST AMENDMENT TO SITE LEASEAND FIRST AMENDMENT TO MEMORANDUM OF LEASE WITH HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE CHULA VISTA CENTER C. COUNCIL RESOLUTION 16688 APPROVING THE FIRST AMENDMENT TO LEASE AGI~I~I~MENT AND FIRST AMENDMENT TO MEMORANDUM OF LEASE WITH THE HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE CHULA VISTA CENTER D. AGENCY RESOLUTION 1260 APPROVING THE FIRST AMENDMF2Vr TO LEASE AG]~I~F. MENT AND FIRST AMENDMENT TO MEMORANDUM OF LEASE WITH THE HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE CHULA VISTA Minutes June 30, 1992 Page 2 E. COUNCIL RESOLUTION 16689 APPROVING THE FIRST AMENDMENT TO OPERATING ~ AND FIRST AMENDMENT TO MEMORANDUM OF LEASE WITH THE HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE (EqULA VISTA ~ F. AGENCY RESOLL1T[ON 1261 APPROVING THE FIRST AI~.,ND~ TO OPERATING LEASE AND FIRST AMF2qD~ TO MEMORANDUM OF LEASE WITH THE HOMART DEVELOPMENT COMPANY FOR THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT THE CIqULA VISTA CENTER $. AGENCY ~LUTION 1262 APPROVING A REIMBURSEMENT AGI~RRMENT WITH SCRIPPS MEMORIAL HOSPITALS, A CALIFORNIA NON-PROFIT, PUBLIC BENEFIT CORPORATION, AND NICKELODEON THEATERS, INC., A CALIFORNIA CORPORATION, MYLES REGAN, AN INDMDUAL, JOHN I~.LI'.ISON, AN INDIVH)UAL, AIJ.F--N GROSSBERG, AN INDMDUAL, AND JERRY WILLITS, AN INDMDUAL, FOR THE LEASING OF PROPERTY AT THE CHIJLA VISTA CENTER - On 11/17/91, the Agency approved a Disposition and Development Agreement with Scripps Memorial Hospitals for the expansion of hospital facilities at the northeast corner of 'H' Street and Fifth Avenue. The action necessitated the relocation of the businesses located on the site including the Fiesta Twin Cinemas. The Agency is requested to approve an Agreement effectuating a Lease Guarantee with Homart Development Company for which Scripps and the Agency will guarantee one year's lease payments each out of the first five years of occupancy by the new theater (Nickelodeon Theaters, Inc.) which includes the owner of Fiesta Twin Cinemas. Staff recommends approval of the resolution. City/Agency Attorney Boogaard stated that at the time the agenda went to the printer he had not had the opportunity to review the item and he now wanted to inform the Council/Agency of some of the risks in the confidential attorney/client communication. Despite the existence of such risks he would still endorse going forward with the proposed guarantee and reimbursement agreement. Mayor/Chairman Nader questioned whether the item should be heard in Closed Session due to the confidential nature. City/Agency Attorney Boogaard responded that he did not see a basis for going into Closed Session and he could answer questions as it did not need to be protected by an attorney/client privilege. Mayor/Chairman Nader felt there would be creative ways outside of the agreement to recoup some of the things he was concerned with, but if the City/Agency Attorney did not see a need for further discussion he was agreeable to moving forward. Councilman/Member Moore questioned whether the City/AgencyAttorney was recommending a modification to the agreement. City/Agency Attorney Boogaard responded that Homart had stated they would not budge any further on the points and therefore modification would not be successful. Chris Salomone, Director of Community Development, stated that when the Agency did the relocation agreements the issue was specifically discussed in Closed Session regarding the risk on the lease guarantee. City/Agency Attorney Boogaard stated Homart's risk was any default occurring longer than two years and damages suffered as a result. Minutes June 30, 1992 Page 3 6. AGENCY RESOLUTION 1263 ADOPTING NEGATIVE DECLARATION ISSUED L~NDER IS-92-03, AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH JOHN SCOTT FOR THE DEVELOPMENT OF [NDUb-IR]AL BUILDINGS AT 1879 TO 1881 NIRVANA AVENUE WITHIN THE OTAY VAIJ.EY ROAD REDEVF_.LOPMENT PROJECT AREA - Recently Mr. Scott acquired a 97,000 square foot lot located at 1879- 1881 Nirvana Avenue, just north of Gold Coast Engineering. At this time, Mr. Scott desires to develop two indusl~ial buildings totalling 30,363 square feet. The proposed project has been reviewed by the Project Area Committee and the Design Review Committee. Staff recommends approval of the resolution. 7. COUNCIL RESOLUTION 16709 ACCEPTING AN EASEMENT DEED FOR RIGHT-OF-WAY IMPROVEMENTS AT 4705 OTAY VAI .LkTy ROAD AND AUTHORIZING PAYMENT TO THE REDEVELOPMENT AGENCY OF TI-IE CITY OF CI-IULA VISTA - Council is requested to accept an Easement Deed for acquisition of right-of-way easement for the widening of Otay Valley Road from Jimmie and Judi Shinohara (4705 Otay Valley Road). The Agency currently has the entire Shinohara property in escrow for development of Phase 1 of the proposed Chula Vista Auto Park. By agreement with Mr. Shinohara, the Agency may receive payment for the easements. In the event that the purchase of the remainder of the Shinohara property is not completed, these funds will be reimbursed to Mr. Shinohara. Staff recommends approval of the resolution. * * END OF CONSENT CALENDAR * * PUBLIC HF. ARINGS AND !~EIATED RESOLUTIONS AND ORDINANCES None scheduled. ORAL COMMUNICATIONS None ACTION ITEMS None submitted. ITEMS pLn J.Er) FROM THE CONSENT ~AR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 8. CITY MANAGER'S/DIRECTOR'S REPORT(S) Chris Salomone, Director of Community Development, stated there was a potential of having a worksession to discuss r_he Bayfront on Thursday at 4:00 p.m. if the Agency wished to do that. A special meeting would have to be called and tonight's meeting would have to be adjourned to the special meeting. If that was not possible it would be scheduled later in July. Minutes June 30, 1992 Page 4 City/Agency Attorney Boogaard stated that the ordinance for Kaiser had been placed on first reading and the second reading would start the thirty day trigger on getting the $1.2 million under that agreement. Unless a special meeting was held the second reading would not be until July 21st. If a special meeting could be scheduled it would advance the receipt of the money under the agreement. Mayor/Chairman Nader stated he would consult with staff as to whether a special meeting was necessary during the recess. As of this time there was no meeting scheduled for Thursday. 9. MAYOR~3/CHAIRMAN'S REPORT(S) - None 10. COUNCIL/MEMBER COMMENTS - None ADJOURNMENT The Redevelopment Agency met in a closed session at 11:02 p.m. to discuss: Acquisition of property pursuant to Government Code Section 54956.8 - 4705 Otay Valley Road (Jimmie & Judi Shinohara, owners) ADJOURNMENT AT 11:35 P.M. to a Special Meeting on Monday, July 2, 1992 at 4:00 p.m. in the City Council Conference Room. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy ~ Clerk O~IN~CE NO. ~ 2~ ~ ORnIN~C~ OP TH~ CITY OP C~-~ VISTA An~$~9 SECTION 19.~4.270 TO T~E ~NICIP~L CO~r~E CIT OF VISTA OPTIN OF CONDITIONAL ~RMITS AND THE ENFORCEMENT VARIANCES · THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: That Section 19.14.270 is added to the Chula Vista Municipal Code to read as follows: Sec. 19.14.270 Procedures for enforcing conditional use permits and variances: A. The planning director shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit: 1. Fraud: That the variance or conditional use permit approval was obtained by fraud; 2. Non-Use: That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the twelve (12) months specified in Section 19.14.260, and no extension of time has been granted; 3. Abandonment: That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding twelve (12) months; 4. Violation of Conditions: That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws; 5. Violation of Use: That the variance or conditional use permit is being or has been exercised in excess of the use right granted. Public Health, Safety and Welfare: That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance. If the planning director has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as "Permitting Authority"). B. The Permitting Authority shall hold a publlc hearing to consider the planning director's recommendation regarding the conditional use permit or variance. C. Notice of any public hearing to consider violations of variances and conditional use permits shall be given consistent with the procedures set forth in Section 19.12.070. The notice shall contain the following information: 1. The date, time, and place of the public hearing; 2. The identity of the Permitting Authority; 3. A general explanation of the matter to be considered including the nature of the planning director's recommendation; 4. A general description, either in text or by diagram, of the location of the property. D. Procedures for Public Hearing: The following procedures shall be followed for public hearings provided for in this section= 1. Recommendation and Reports: The planning director's recommendation and any accompanying staff reports, if any, shall be made available to the public prior to commencement of the public hearing provided for herein. 2. Recordation: The public hearing may, at the written request of an interested party, be recorded by either a recording device or stenographer. 3. Testimony: Any witness offering evidence or testimony may be placed under oath and subject to cross-examination at the request of the Permitting Authority or any party interested in the matter which is the subject of the hearing. 4. Relevancy: Evidence or testimony must be relevant or material to the fact or facts at issue. Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious ~affairs, regardless of the existence of any common law or statutory rule which would otherwise make improper the admission of such evidence in civil actions. All irrelevant and unduly repetitious evidence may be excluded. 5. Hearsay: Hearsay evidence shall be admissible, but the fact that evidence is hearsay may affect the weight given to the evidence in reaching any a determination of any question of fact. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may not be sufficient by itself to support a decision unless it would be admissible over objection in civil actions. 6. Privileges: The rules regarding privileges shall be effective to the extent they are raised and otherwise required by law to be recognized at the hearing. 7. Procedural Compliance: The hearing need not be conducted under rules relating to evidence. Failure of the Permitting Authority to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the Permitting Authority if basic procedural due process is granted to all affected parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirement E. The Permitting Authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in subsection (A) apply to a conditional use permit or variance. F. Based on its findings, the Permit Authority may do any one or a combination of the following: 1. Maintain the existing variance or conditional use permit without modification; 2. Modify or delete any provision or condition of the variance or conditional use permit; 3. Establish any new condition or provision; 4. Revoke the variance or conditional use permit; 5. Establish any fine or charge which may be paid in lieu of revocation, modification, or imposition of a condition as long as any violation is corrected. G. Written Decision: The Permitting Authority must issue a 3 written decision explaining the factual basis for its decision. Notice of the Permitting Authority's written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with section 19.12.070. Said notice shall be filed with the city clerk. H. Right of Appeal: Within ten (10) days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the planning director may appeal the written decision to the appropriate appellate body as follows: 1. If the Permitting Authority is the zoning administrator, appeal shall be filed with planning commission; 2. If the Permitting Authority is the planning commission appeal shall be filed with the city council; 3. If the Permitting Authority is the city council no further appeal is available. The appeal shall include a statementof the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. I. After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing. J. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision. Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with section 19.12.070. Said notice shall be filed with the city clerk. L. Appeal to City Council: If the appellate body is not the city council, an appeal may be filed by any interested party who participated in the appeal or by the planning director may request an appeal to the city council within ten (10) days after the notice of the written appellate decision is filed, unless waived by the city council upon a showing of good cause. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. 4 M. Any written decision regarding an appeal shall be final on the eleventh (11th) day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body or a waiver is obtained. All written decisions issued by the city council shall become final when notice of such written d~cision is filed. N. After the written decision becomes final, it shall be filed with the director of planning, director of building and housing, and a copy may be filed with the County Recorder of San Diego County. Uses and structures must be brought into compliance with the fina~ decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. SECTION II: Th~ordinance shall take effect and be in full. force on the thirt~t~ day from and after its adoption. Bruce M. Boogaard,0Attorn%y 5 THIS PAGE BLANK ORDINANCE NO~ AN ORDINANCE OF THE CITY OF CHULA VIS. T~C~ ~ENDING SECTIONS 12.20.010 ~D 12.20~' THE CH~ VISTA ~ICIP~ CODifyING I~OSING A FEE FOR CONSTRUCTION PE~S ISS~D TO ~ILITY CO~IES The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 12.20.010 and 12.20.100 of the Chula Vista Municipal are hereby amended to read as follows: 12.20.010 Permit required - Application - Issuance prerequisites - Performanoe bond - Exemptions Every person, other than subdividers authorized pursuant to subdivision improvement agreements, constructing public improvements ~nd/or installina. adjustinq or repairina Public utilitY facilities in the public right-of-way, shall present an application for a public works construction permit to the director of public works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the director of public works, said director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility company properly franchised by the city or a properly qualified contractor, licensed under the laws of the state; provided however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, may be performed by the property owner as provided in Chapter 12.28 of this code. The application shall be filed on forms prcvidcd approved by the director of public works and shall contain assurances or stipulations that the applicant is a franchised utility comnanv or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the city as presently existing or as same may be amended. Said application for... 1 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 the issuance of public works construction permits 9N utility construction permits issued by the director of public works to aualified contractors or to public utility oraanizations under franchise from the city council, excepting that work performed ~ -"~:- "~" ' ~ f .... hi-- ~--- th -~" .... ~ ............ in~tallcd 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 ~r utility construction permit. 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 public works construction permits shall be the Required Fee(s). E. Permit fees for utility construction permits shall be the Reouired Fee(si or deposit. ~ F. In the event a public 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 public works shall cancel the permit and refund the unused portion of the fee. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its/~ption. John P. Lippitt, Director of ~Bruce M. Boogaar~4~ity Public Works Attorney 2 COUNCIL AGENDA STATEMENT Item Meeting Date 06/30/92 ITEM TITLE: RESOLUTION 16709 Accepting an Easement Deed for Right-of-Way Improvements at 4705 Otay Valley Road and Authorizing payment to the Redevelopment Agency of the City of Chula Vista SUBMITTED BY: Community Development Director C REVIEWED BY: City Manager L1 �?4 (4/5ths Vote: Yes _ No X ) BACKGROUND: The Council is requested to accept an Easement Deed for acquisition of right-of-way easement for the widening of Otay Valley Road from Jimmie and Judi Shinohara (4705 Otay Valley Road). The Agency currently has the entire Shinohara property in escrow for development of Phase I of the proposed Chula Vista Auto Park. By agreement with Mr. Shinohara, the Agency may receive payment for the easements. In the event that the purchase of the remainder of the Shinohara property is not completed, these funds will be reimbursed to Mr. Shinohara. RECOMMENDATION: That Council adopt to Resolution. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In order to widen Otay Valley Road it will be necessary to purchase easements from 4705 Otay Valley Road (Shinohara Property) comprising the following area and described on the attached map. Appraised Value 74,352 square feet easement of Right-of-Way $123,000 20,909 square feet slope easement 31,000 9,000 square feet temporary construction easement 19,000 The Agency entered into an Agreement in September 1990 for purchases of the Shinohara property for Phase I of the proposed Auto Park. The Second Amendment to the Purchase Agreement approved by the Agency on September 2, 1991 allows the City to take title to the property needed for the Otay Valley Road Widening Project (the City is currently planning to purchase an easement as opposed to Fee Title). Payment for the right-of-way easement may go to the Agency. In the event that the balance of the Shinohara property is not purchased by the Agency, the purchase price for the easements received by the Agency would be payable to Mr. Shinohara. Page 2, Item Meeting Date 06/30/92 FISCAL IMPACT: The Assessment District has budgeted$1.3 million dollars for right-of-way acquisition. Adequate funds are available to cover the $173,000 acquisition price which is the appraised value for the property. [C:\WP51\COUNCIL.\113S\4705-OVR.113] 3 in cD 0 61. '03S °0r- Z 101 7100 3N Z 101 30 3Nf1 1SV3 -_�' z '- 0 0 'oot- ° tri c°v Z 101 30 ,SLt 1SV3 j0 3Nf1 1S3M `n ,L V909 3 ,C0.61.00 N 1 , 0'099 3 .£0.61.00 N iN N�O t i I ° .1 W to In �I pp,W �° ,00 SL� .... 0-U)< o O.(nQ to 0" 3 All.- t • Z N Q Q ?s ,00'SG M-U H- �l� co ,., hi - z J ,pp DZ �- w 0 N `: li'1 a' Z �1 lit, "at Q O L.` /� Iil oa to ( n..F— 0 .1-0'099 3 .£0.61.00 N co -IM o f on / Q ti 0 3 J Q ./ - a°'o fi -t o) " J Q 0 j` z \--0 0 ± � t Q ('t I Z�� i tS) '-l1 1 z I z wnW. N... ~ ` ,0t'89Z1 kr 3 .L 1,9Z.00 N --> 1',lZ**1. .01:£17£1. m N O o O d ,pOZ .1. 31` 3S C) O 4 U O 6 f"a. N to RECORDING REQUESTED BY: City of Chula Vista WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED Assessor's Parcel No. 644-040-13 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jimmie Shinohara and Judi Shinohara, Husband and Wife as Joint Tenants hereinafter designated "GRANTOR(S)", do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, hereinafter designated "CITY" the right of way and incidents thereto for the uses described herein, on, over, under, across and through that certain real property in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: An easement for Street and Public Utility Purposes described as Parcel 1 in a Legal description designated as Exhibit "A" attached hereto, and by reference made a part hereof. TOGETHER WITH an easement for Slope Purposes described as Parcel 2 in said Exhibit "A". TOGETHER WITH an easement for Temporary Constuction Purposes described as Parcel 3 in said Exhibit "A". All as more particularaly shown on a Map designated as Exhibit "B" attached hereto, and by reference made a part hereof. The GRANTOR hereby further grants to the CITY the priviledge and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right- of-way where required for the construction and maintenance of said public street. RESERVING unto GRANTOR of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Director of Public Works, necessity therefore is removed by substituting other protection, support, and/or drainage facility, provided such substitution is first approved in writing by said Director. The GRANTOR hereby further grants to the CITY all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way including the right to take water, together with the right to use the same in such manner and at such locations as said the CITY may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The GRANTOR, for himself, his successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the right-of-way, hereby conveyed by reason of the location, construction, landscaping or maintenance of said street. Dated this ` l S day of (e1 , 1972 -- -!' .� __ G GsG fimmie Shinohara Judi Sh inohara STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On 4/15/92 , before me, GLORIA V. GRAY , personally appeared JIMMIE SHINOHARA and JUDI SHINOHARA ,personallyknowntome or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thatZlthey executed the same in hisiker/their authorized capacity(ies), and that brbisikenttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. iiiii - - OFFICIAL SEAL ` - A. r 1 .� o. '` GLORIA V GRAY Notary Public " _ Notary Public-California , =des' SAN DIEGO COUNTY T' My Comm.Exp.May 14,1993 This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by Beverly A. Authelet, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee consents to the recordation thereof by its duly authorized officer. BEVERLY A. AUTHELET CITY CLERK Y Dated: By: EXHIBIT "A" SHINOHARA THAT PORTION OF LOT 2 OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879, BEING DESCRIBED AS FOLLOWS: PARCEL 1 (RIGHT-OF-WAY) THE NORTHERLY 75.00 FEET OF SAID LOT 2 OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, EXCEPTING THEREFROM ANY RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS, ALSO EXCEPTING THEREFROM THE EAST 175.00 FEET. SAID PARCEL CONTAINS 1.71 ACRES MORE OR LESS. PARCEL 2 (SLOPE EASEMENT) AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF LOT 2 OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 1879 BEING DESCRIBED AS FOLLOWS: SAID EASEMENT BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF PARCEL 1 AS DESCRIBED ABOVE AND ON THE SOUTH BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2 OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 0°26' 17" WEST ALONG THE WESTERLY LINE OF SAID LOT 2, 89.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 83°21 '48" EAST 69.85 FEET; THENCE SOUTH 89°13'56" EAST 100.00 FEET; THENCE NORTH 89°37 '20" EAST 100.03 FEET; THENCE NORTH 89°54 '30" EAST 100.02 FEET; THENCE SOUTH 86°56'29" EAST 100.06 FEET; THENCE SOUTH 88°05'11" EAST 48.63 FEET; THENCE SOUTH 49°05'15" EAST 17.82 FEET; THENCE SOUTH 10°05'06" EAST 50.07 FEET' THENCE NORTH 90°00'00" EAST 11.55 FEET; THENCE NORTH 04°02'42" EAST 46.22 FEET; THENCE NORTH 47°24 '08" EAST 19.43 FEET; THENCE SOUTH 89°13'56" EAST 100.00 FEET; THENCE SOUTH 89°48' 19" EAST 100.01 FEET; THENCE SOUTH 87°42'16" EAST 300.07 FEET; THENCE NORTH 89°02'59" EAST 100.06 FEET; THENCE SOUTH 89°48'19" EAST 100.01 FEET; THENCE SOUTH 88°56'45" EAST 82.43 FEET TO THE WESTERLY LINE OF THE EASTERLY 175 FEET OF LOT 2 OF SAID SECTION 19 AND THE TERMINUS OF THIS EASEMENT. SAID PARCEL CONTAINS 0.66 ACRES MORE OR LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 20 FEET IN WIDTH, LYING SOUTHERLY OF AND ADJACENT TO AND PARALLEL WITH THE SOUTHERLY LINE OF PARCEL 2 DESCRIBED ABOVE. THE TERMINATION DATE FOR THIS TEMPORARY CONSTRUCTION EASEMENT SHALL BE 90 DAYS AFTER THE FILING OF THE NOTICE OF COMPLETION OF CONSTRUCTION. ■ ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. CECI P.L.S. 3997 c .p LAND sop v<G‹c.P E. Ry Fy ��s°a * No. 3997 * Exp.6/.3a/9Z �TgTF OF CAl.II,C \ r Note to Agency Members: Resolution 16709 was prepared too late in the process for the Agency's General Counsel to review. The Agency's General Counsel will review the Agenda Statement and Resolution prior to the meeting and, if necessary, will make a report. Berlin D. Bosworth Secretary to the Redevelopment Agency RESOLUTION 16709 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN EASEMENT DEED FOR RIGHT-OF-WAY IMPROVEMENTS AT 4705 OTAY VALLEY ROAD AND AUTHORIZING PAYMENT TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WHEREAS, the City wishes to undertake certain improvements to Otay Valley Road between I-805 and the City's easterly corporate boundary; and WHEREAS, the formation of an Assessment District for this purpose was approved by the Council on June 23, 1992; and WHEREAS, additional right-of-way, slope easement, and temporary construction easement will be needed from the property located at 4705 Otay Valley Road owned by Jimmie and Judi Shinohara ("Owners"); and WHEREAS, the Owners of said property have offered an Easement Deed for the required property to the City of Chula Vista; and WHEREAS, under the Second Amendment to the Purchase Agreement, approved by the Redevelopment Agency on September 2, 1991, between the Owners and the Redevelopment Agency ("Agency") it was stipulated that payment for the easements to be acquired may be paid to the Agency by the City and may be paid by the Agency to the Owners under certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA that the Easement Deed, known as document ******** and on file in the Office of City Clerk, is hereby accepted and payment in the amount of$173,000 is hereby authorized to the Redevelopment Agency for said easements. Presented by: Approved as to form by: 1, 1 � •14 • Chris Salomone Bruce M. Boogaard Community Development Director City Attorney [C:\WP51\COUNCIL\RESOS\4705-OVR.RES]