HomeMy WebLinkAboutAgenda Packet 1998/06/23MINUTES OF A REGULAR M~ETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 23, 1998
6:02 p.m.
Council Cham~ers
Public Services Building
ORDER
1. ROLL CALL:
PRESENT:
Councilmembers:
Moot (arrived at 6:03 p.m.), Padilla,
Rindone, Salae, and Mayor Horton
(arrived at 6:03 p.m.).
ABSENT:
Councilmembers: None
ALSO PRESENT:
City Manager, David D. Rowlands; City Attorney, John M.
Kaheny; and City Clerk, Beverly A. Authelet
2. PIdDlE OF ALLF~IANC~ ~O TH~ FLAG, MOMENT OF SILENCE
3. ~PPROVAL OF MINUTES: June 9, 1998.
MSUC (Rindone/Padilla) to approve the June 9, 1998 minutes.
4. SPECIAL ORDERS OF THE DAY
· Proclamation was presented to John Hardesty, Permits Engineer, who was
retiring from the Engineering Division after twenty-nine years of service to the
City.
CONSENT CALENDAR
(Items pulled: 14)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved unanimously 5-0 with Moot abstaining on Item 9 and
Rindone voting no on Item 8.
5. WRI-~-&~ CO~%I%INICATIONS:
A. Letter from the City Attorney stating that to the best of hi~ knowledge
from observance Of actions taken in Closed session on 6/16/98, that there were
no re~ortable actions which are required under the ErownAct to be repo~ced. Per
staff's recommendation, the letter was received and filed.
6. ORDINANCE 2736 AMENDING SECTION 13.14.150 OF TH~ MUNICIPAL CODE TO ALLOW
DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL FOR
COT.T-~C~ION (second readinq and adoption) - The City is currently billing
approximately 15,000 accounts for sewer service. Two percent of these accounts
become seriously delinquent. If, after extensive collection efforts, payment is
not made the City obtains a judgement through Small Claims Court. A lien is then
placed against the property, but the City receives no payment until the property
ia sold or refinanced. Adoption of this ordinance will modify thia process
allowing these delinquent charges to be placed on the property tax bill so
payment can be received within a year, as opposed to waiting indefinitely. This
will increase annual revenues to the Sewer Fund, as well as greatly enhance the
efficiency of the collection process. Per staff's recommendation, the ordinance
was placed on second reading and adopted unanimously 5-0. (Director of Finance)
7. ORDINANCE 2737 AMENDING CHAPTER 9.50 OF TEE MUNICIPAL CODE RELATING TO
MOEILEHOME PARE SPACE RENT REVIEW (second readinq and adoption) - Last year the
City's Mobilehome Rent Review Commission conducted two public hearings to solicit
public input on how to clarify and streamline the Mobilehome Park Space Rent
Review Ordinance Number 2251. The proposed changes are the result of this input
and hereby recommended to be approved by Council. A second general reading of
the proposed changes will be required before any changes to the ordinance are
adopted. Per staff's recommendation, the ordinance was placed on second reading
and adopted .unanimously 5-0. (Director of community Development)
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Minutes
June 23, 1998
Page 2
8. ORDINANCE 2738 AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE ESTABLISHING
THE LIBRARY AND RECREATION DEPARTMENT (second readinq and adoption) - The
resignation of the Parks and Recreation Director provided the City with a unique
opportunity to review its organizational structure with an eye toward creative
cost savings, staff utilization and program implementation as well as making good
con~nunity services better. A city ordinance established the Parks and Recreation
Department which combined the services and facilities of a park department and
a department of recreation. This ordinance abolishes the Parks and Recreation
Department and creates a new Library and Recreation Department. Per staff's
recommendation, the ordinance was placed on second reading and adopted 4-1-0
(Rindone voting no). (Library Director}
9. RESOLUTION 19050 APPHOVING T~E FIRE STATION NUMBEH 4 SECOND DEFERRAL
AGREEMENT- The City's current agreement with Rancho Del Hey Investors, L.P. (the
McMillin Companies) to extend the deferral for the advancement of funds for
relocating Fire Station Number 4 wa~predicated upon the City adopting an updated
Public Facilities Development Impact Fee (PFDIF) Program by July 1, 1998. As the
PFDIF will not be adopted and implemented until after July 1, 1998, an extended
deferral agreement is necessary. Per staff's recommendation, the resolution was
approved 4-0-0-1 (Moot abstaining because it involved McMillin). (Fire Chief and
Deputy City Manager}
10. RESOLUTION 19051 AMENDING FISCAL YEAR 1997/98 BUDGET TO TRANSFER FUNDS
BETWEEN DEPAR/14ENTS IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY - The Council
Policy on Financial Reporting and Transfer Authority requires that all
~epar~ments complete the fiscal year with a positive balance in each sun=~ary
category account (Employees Services, Supplies and Services, and Capital Outlay).
In order for all departments to comply with the intent of this policy, the
transfers are recommended to be approved. Ail recommended transfers can be
accomplished within existing appropriations. Per staff's recommendation, the
resolution was approved unanimously 5-0. (Budget Manager)
11. RESOLUTION 19052 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY FOR
FISCAL YEAR 1998/99 PURSUANT TO ARTI~R XIIIH OF THE CALIFOREIA CONSTITUTION -
Article XIIIB of the California Constitution approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to
establish an Appropriations Limit by resolution each year at a regularly
scheduled meeting or noticed special meeting. The purpose of the limit is to
restrict spending of certain types of revenues to a level predicated on a base
year amount increased annually by an inflation factor. Per staff's
recommendation, the resolution was approved unanimously which established an
appropriations limit of $237,973,072 for the 1998/99 fiscal year. (Director of
Finance)
12. RESOLUTION 19053 CA~LING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL RUNOFF ~.eCTION TO HE R~L~ ON TUESDAY, NOVEMBER 3, 1998 FOR COUNCIL
SEAT 1 AND REQUESTING TH~ BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
CONSOLIDATE THE SPECIAL MUNICIPAL RUNOFF ~.~CTION WITH THE STATEWIDE GENERAL
~-ECTION TO BE w~ ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
-At the General Municipal Election held on June 2, 1998, no candidate for Council
Seat Number i won by a majority. Therefore, it is necessary to call a Special
Municipal Runoff Election to be consolidated with the Statewide General Election
on November 3, 1998. Per staff's recommendation, the resolution was approved
unanimously 5-0. (City Clerk)
Councilmember Moot requested that the City Attorney give Council an update
regarding the status of our ordinance and its enforceability and what, if
anything, we intend to do about our campaign ordinance and our ability to enforce
it.
13.A. RESOLUTION 19054 APPROVING FINAL MAP OF TRACT NUMBER 98-01, SALT CREEK
RANCH, HEIGHBORHOOD 5A, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND
EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVISION IMPROVEMERTAGREEMENTFOH THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEME~ - On
June 23, 1998
Page 3
January 20, 1998, Council approved the Tentative Subdivision Map for Trac: 98-01,
Salt Creek Ranch, Neighborhood 5A. On that tentative map, neighborhood
boundaries were delineated. The Final Map, Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for Salt Creek Ranch, Neighborhood
5A, ia now before Council for approval. Per staff's recommendation, the
resolutions were approved unanimously 5-0. (Director of Public Works)
B. RESOLUTION 19055 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT NUMBER 98-01, SALT CREEK RANCH, NEIGHBORHOOD SA, REQUIRING DEVELOPER
TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18878 AND
RESOLUTION NUMBER 16834 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
14. RESOLUTION 19056 ESTABLISHING A COUNCIL POLICY FOR A REDUCED SEWER
CAPACITY CHARGE TORESXDENCES USING APPROVED GREY*dATER SYSTEMS AND AMENDING x~
MASTER ~ S~DULE TO REFLECT SAME - Last December Council authorized staff to
pursue determinations from other agencies of our eligibility to receive funding
or assistance for grey~ater systems. It was mentioned in that report that staff
would be considering an incentive system to encourage the installation of the
gre~ater systems. As a first step, staff is reco~u~ending a reduction in the
sewer capacity charge of 25%. Item was pulled by Councilmember Moot and
Councilme~oer Salsa had a question. (Director of Public Works)
Councilmember Salsa asked how ia staff going to monitor this? How can staff keep
track whether or not a residence is hooked up to it?
John Lippitt, Public Works Director, responded that this ia a demonstration
program. The reduction ia an incentive issue to help lower the cost so the
developers will try this; it isn't a mandatory requirement. At this point we
don't even have a program to go forward. When we do, we are proposing to set up
and try to get grants to monitor the program by installing special meters so we
can see how much is being used. We can check the amount of use also by looking
at the water bills. During the demonstration, we will be looking at this very
closely and studying the actual day-to-day use of the system and how much it
actually reduces the sewer and water flows. After the two year study, and if we
do find it valid to continue with the program, we would probably eliminate the
$600 reduction and go forward. An agreement will be signed to indicate if they
stop using it, we would increase their sewer rate until we get the 25 percent
back. We know how much water they are using every month. We would get an
indication if they are not getting the savings that they should be.
Councilmember Salsa stated the staff report talks about this could cost between
$1400 and $1800 per house to install. She felt that although the cost may seem
expensive, when you are faced with the alternative of not having water in the
future, the cost is really minimal.. She stated that she believed with all the
new development that is going forward in the City, it is imperative for us to
explore any means of water conservation possible.
Councilmember Moot stated he understands that details can be worked out since
this is a pilot program. He further stated that these kinds of economic
incentives are what is going to drive us to where we want to go. The City is
giving up $222,000 to do this which is not a minor policy statement as to our
commitment to do things like this. It makes economic sense. He appreciated that
staff brought this back; it is one that philosophically he could buy into.
· Steve Glain, 477 Marina Parkway, Chula Vista, representing Steve Billson,
CEO of ReWater Systems, Inc, the only manufacturer of grey water recycling
systems that meets the California Code, read Mr. Billson's statement into the
record: "As we know by now, there is a lot of documentation available which
supports your decision to create a significant grey water incentive program: 36%
to 40% fresh water conservation, 50% waste water reduction, and 10% biosolid
removal. Rewater has shown to the satisfaction of many at the City of Chula
Vista, the State of California, and the U.S. government that grey water
irrigation systems are an economically sound method of accomplishing what every
city already spends a fortune on which is water conservation, waste water
reduction, and biosolid removal. I firmly believe that your resolution to reduce
sewer connection fees by 25% for people who install grey water irrigation systems
will start the wide-scale use of grey water in the West. Locally we will save
money and our environment will be nicer. Thank you for your vision.
Minutes
June 23, 1998
Page 4
RESOLUTION 19056 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approvsd unanimously 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HF~RINOS ~ RELATED I~ESOLUTIONS AND ORDINANCES
15. PUBLIC HF~RINO DECLARING VACATION OF A PORTION OF ~/~ 973-~Y NOR~q~ OF THE
PROPERTIES LOCATED AT 3080, 3082 AND 3084 MAIN STREET - A request has been
received to vacate a portion of an alley north of the properties located at 3080,
3082 and 3084 Main Street. Per staff's recommendation, the resolution was
approved unanimously 5-0. (Director of Public Works)
R~SOLUTION 19057 VACATING A PORTION OF AN ~.T.~y NORTH OF ~q~E PROPERTIES
LOCATED AT'3080, 3082 AND 3084 ~4AIN STREET
No staff report was presented.
This being the time and place as advertised, the public hearing was opened.
Since no one indicated a desire to address the Council, the public hearing was
closed.
Mayor Horton stated that in order for Council to make a determination as to
whether or not we have a conflict of interest, we need to know who owns the
property; there was no mention of a property owner, just an attorney representing
the property owner. In the future, Council should know who the par~ies are. She
was willing to proceed on this one.
RESOLUTION 19057 OFFERED BYMAYOR HO~TON, heading read, text waived, passed and
approved unanis~usly 8-0.
16. PUB/,IC HE~tING ~ CONSIDER TESTIMONY OF THE FISCAL YFJ%R 1998/99 I~ OF
ASSBSSMF~NTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, l&, lB, 17, 18, 20, 23, 24,
26, 31, 33, BAY EOULEVR~tD, AND ~3WN CEITIq~E - The City administers 28 open space
districts established over the last 25 years. The districts provide the
mechanism to finance the maintenance of common open space areas (canyons, trails,
medians, etc.) associated with and benefitting that particular development. As
part of this process, a levy of an annual assessment is necessary to enable the
City to collect funds for the proposed open space maintenance. On May 26, 1998,
Council approved the open space reports on assessments for all existing open
space districts and set tonight for a public hearing to take testimony on the
proposed assessments. A second public hearing is scheduled for July 14, 1998.
Staff reco=~ends the public hearing be opened, testimony taken, and the public
hearing be closed. (Director of Public works)
John Lippitt, Public Works Director, stated that an assessment is set which is
based on last years plus the CPI in most cases, but the collectible is either
equal to or lower than that. Based on the bids, we have been able to keep within
that for this next year. None of the Districts will exceed the provisions
allowed by Proposition 218.
This being the time and place as advertised, the public hearing was declared
open. There being no one indicating a desire to address the Council, the public
hearing was closed. A second public hearing is scheduled for July 14, 1998.
17. pUBLIC BEANING ~ CONSIDBRTESTIMONY ON THE FISCAL YF2%R 1998/99 LEV~ OF
ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NUMBER 10 - Based upon the advice of the
City Attorney, this item has been separated due to conflict of interest concerns
since two Councilmembers own property subject to the proposed assessment in this
district. A second public hearing is scheduled for July 14, 1998. Staff
recommends the public hearing be opened, testimony taken, and the public hearing
be closed. (Director of Public Works)
NO staff report was presented.
June 23, 1998
Page 5
This being the time and place as advertised, the public hearing was opened.
There being no one indicating a desire to address the Council, the public hearing
was closed. A second public hearing is scheduled for July 14, 1998.
18. pUBLIC REARING TO CONSIDER TESTIMONY ON xu= FISCAL YEA~ 1998/99 LEVY OF
ASSESSMENTS FOR EASTLAKE MAI~zm. ANCE DISTRICT NUMBER 1 - Based upon the advice
of the City Attorney, this item has been separated due to conflict of interest
concerns since one Councilmemberowns property subject to the proposed assessment
in this district. A second public hearing is scheduled for July 14, 1998. Staff
recommends the public hearing be opened, testimony taken, and the public hearing
be closed. (Director of Public Works)
No staff report was presented.
This being the time and place as advertised, the public hearing was declared
open. There being no one indicating a desire to address the Council, the public
hearing was closed. A-second public hearing is scheduled for July 14, 1998.
19. PUBLIC H~ARING DECLARING IBx~eI~ZON ~o ORDER CERTAIN CHANGES AND
NODIFICATIONSTOwnZENGII,,'~RR'SREPORT IN ASSESSMEh'TDISTRICTSNUMB~Rg0-3, 91-1,
AND 94-1 - On August 6,'1996, Council approved the changes and modifications in
proceedings and assessments in Assessment District Number 94-1; approved the
Fourth Amen~ment to the Acquisition/Financing Agreement; and ordered changes and
modifications in proceedings and assessments in Assessment District Number 91-1.
Due to the density in two subdivisions of EaetLake Greens, Units 10 and 16, The
EastLake Company has requested that a change and modification in the assessment
districts be ordered. Since the assessment for every parcel will be reduced, no
parcel will be above the 2% annual limit. These changes will affect undeveloped
and unsold properties. No assessment On existing home owners will be modified
by these actions. Staff recommends approval of the resolution. (Director of
Public Works)
RESOLUTION 19058 ORDERING CERTAIN CHANGES AND MODIFICATIONS IN
ASSESSMENTS LEVIED WITHIN ASSESSMEN~ DISTRICTS NUMBER 90-3, 91-I, AND 94-1
John Lippitt, Public Works Director, stated that there will be no increases and
there is only one property owner involved. However, this did require a vote.
Beverly A. Authelet, City Clerk, opened the ballot and stated tha~ ~he ballot
read, "Do you approve the increase in the assessment to the above identified
property as proposed. The ballot was voted yes."
This being the time and place as advertised, the public hearing was opened.
There being no one indicating a desire to address the Council, the public hearing
was closed.
RESOLUTION 19058 OFFERED BY COUNCIIJ4EMBER PADILLA, heading read, text waived,
passed and approved unanieously 5-0.
BOARD AND CO~O4ISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
20. RESOLUTION 19018 APPROVING TH~INDUSTRIALLANDTASK FORCE P. ECOMMENDATIONS
AND DIRECTING STAFF TO IMPLEMENT - On October 9, 1997, staff presented a report
regarding the lack of adequate industrially zoned land in Chula Vista at a joint
Planning Commission/City Council Workshop. The report addressed the decreasing
supply of "deliverable" industrial acreage and the increasing industrial demand
both in the City and County-wide. Public testimony was received. The Planning
commission and Council requested that the Economic Development Commission (EDC)
establish a Task Force to review the issues discussed at the workshop and that
staff and the EDC return to Council with specific recommendations. An Industrial
Land Task Force was formed, composed of the EDC Chair, the Planning Commission
Chair, the Mayor, and five EDC Commissioners. Staff recommends approval of the
I
Minutes
June 23, 1998
Page 6
resolution. (Director of Community Development) Continued from the meeting of
5126198.
Cheryl Dye, Economic Development Manager, presented the staff report.
Addressing Council were:
· William Tuchscher, 3130 Bonita Road, EDC Chair, stated that Chula Vista is
a leader in addressing issues of the time. San Diego EDC has recently engaged
a similar task force; we are done and they are just getting star~ed. The task
force addressed three issues: inventory of industrial land, development impact
fees, and customer service. In doing so, they decided to take affirmative, quick
action in the area of land inventory. The reason they did that was that
development impact fees become less important if you don't have any inventory,
and customer service becomes less relevant since we are not attracting any new
companies. They took a lot of input from developers, commercial real estate
brokers. He introduced Linda Greenberg from Grubb and Ellis who gave the task
force a surmnary of County-wide industrial land availability.
· Linda Greenberg, Grubb and Ellis, presented the industrial land
availability from Oceanaide to Stay. This reflected properties which were
currently available or in some level of processing. Those properties were:
Oceanside: Bas a total of 587 acres. There are requests to rezone from
industrial to residential so it is uncertain how many total acres will
ultimately be deliverable.
San Marcos: Has less than 20 acres.
Fallbrook: Has a 400 acre site. There is very limited infrastructure; it
would be a minimum of four years to bring that property to the market.
Because of its remote location, it will not be highly popular location for
a lot of industries.
South Vista: Has 45 acres, but they are for build to suit. There are also
65 net acres which is raw land at this time.
Carlsbad: Has 155 acres which are not currently available. There are also
another 50 acres, but the pricing will be higher than the typical
industrial pricing.
Rancho Bernards: Is completely sold out.
Poway: There are 150 acres available but based upon absorption, the
schedule is that they will be sold out in two years.
Carmel Mountain Ranch: Is completely sold out.
Sabre Springs: Has 12 remaining acres at a minimum price of $15 square
foot which is not industrially priced land.
Sorrento Mesa: Is completely sold out.
Scripps Ranch: Will have 50 acres at approximately $17 square foot and up.
Miramar: There are currently no available sites for sale. Fenton is
preparing to bring 60 acres on line. There will be substantial on-site
development costs which will result in relatively high prices. That is a
year to eighteen months away.
Kearney Mesa: There are a total of 34 acres that will be for build to suit
only; and 63 acres zoned C-A which will allow it to go either retail,
office, or hospitality; and 150 acres zoned M1-B. Based on current land
sales in the area ($16 square foot range), land will be significantly more
expensive than typical industrial land.
Central San Diego: There are limited infill sites in the 4-7 acre range;
probably a total of 50-75 acres spread out.
June 23, 1998
Page 7
National City: There are a couple of limited infill sites; not more than
two acres each.
Otay Mesa: There are currently 400 acres of finished, deliverable land.
There will be another 120 acres coming on. In the future, there are about
2,000 gross acres including the unincorporated area.
Ma. Greenberg stated this is the inventory for the foreseeable future. If we
kept the 1997-98 year-to-date pace of industrial land sales, that absorption
scenario would probably be approximately three years.
Mr. Tuchscher requested that Council adopt the policies recommended by the
Industrial Land Task Force.
· Jim Moxham, 2801 Albatross Street, San Diego, 92103, representing the
EastLake Company, stated that they were currently experiencing a strong demand.
Most of the demand was developer driven; not user driven. When they look at the
depth of the market a~d look at the next phase of their business center, they
have to access what is the user demand. They are not clear on it. When they
consider the recommendations for Phase II of the business center, they are
required to assess the cost in delivering that, the demand, and the economics of
the market. Then, based upon that decision, make the best decision they are
capable of. They felt they needed more flexibility than what is prescribed in
the Industrial Land Task Force recommendations. They are prepared to support the
recommendations subject to several modifications: (1) EaetLake should be allowed
to apply for and receive City support for alternative industrial land locations
within the EastLake community. There are approximately 80 acres that they are
asking to be able to locate some portion of that elsewhere in EaetLake. (2) That
the City support them having a residential overlay on half of that industrial
land. They are willing to let it go forward as industrial, but they would like
the overlay in the event the demand is not there. (3) Staff has been working
with them to try to get them grants from the Federal Economic Development Agency
Grant to offset some of the infrastructure costs. The cost of developing Phase
II of their business center, because its topography is disproportionately high.
He requested Council's support On these items, then the EastLake Company will
co~it to immediately processing and planning the most immediately adjacent 40
acres of their business center.
Councilmember Salas stated all the indications are that the economy is rewing
up and the serious demand is there. She did not understand why there is a
hesitation that it is developer driven, not user driven. It seemed-to her that
the developers would not comit their resources and funds into developing
something that would sit idle; there has to be some kind of indication that there
ultimately is a demand for users and jobs out there.
Mr. Moxham responded that developers are entrepreneurial driven; they assess the
risks of the market. The ones moving forward in EastLake are believing that they
will find the users. We are talking about 500,000 square feet of new products.
When you do have a 90,000 square foot building, a quality building that hasn't
absorbed, then that is a concern to them. Another thing is that all of the
activity has occurred in north and central San Diego County. Developers look for
opportunities to get back into the market; the South Say has been the last
portion of that market to receive that demand.
Councilmember Salas asked if Council were to consider the land swap to site 40
acres outside the original site, what kind of time line and delay are you looking
at in terms of making those swaps?
Mr. Moxham replied that it would probably take them 12 to 18 months to complete
the entitlement and mapping process of the most immediate 40 acres. They were
prepared to move forward with that process if they could gain some of the
flexibility from the Council. Once that process is complete and they have the
final map, then it would probably not take much more than 120 to 150 days to
deliver the finished sites to a user.
Councilmember Moot asked what was the rationale for having the residential
overlay.
Mr. Moxham responded that its to protect themselves in the event the market is
not there. They sat with 30 to 35 acres for five years, selling only one lot to
Minutes
June 23, 1998
Page 8
the INS. They were in a different position today, but they still have concerns
about the strength of the market as it relates to companies versus developers.
When they looked at the second 40 acres, they were weighing if the demand was
strong enough for the first phase at land prices that will support the second
phase. If it is not, then they would like to go forward on that property with
residential and move the other 40 acres to a site that doesn't have such extreme
development costs. The topography of the land further south at the SR-
125/Olympic Avenue is much flatter and the improvement costs would be
significantly less. If they move the 40 acres ("land swap") to Olympic Avenue
and SR-125 and then find that the 40 acres that they have in the first part of
Phase II took a long ti~ to develop or that when they get to the land swapped
parcel, the market isn't there; then they would like to have the residential
overlay there.
Ann Moore, Assistant City Attorney, stated that essential those proposal· would
be acting either as a zoning decision or at least a preco~aitment by City
Council. She suggested that those-items be referred back to staff.
· Russ Hall, Economic Development Commissioner, 235 "K" Street, Chula Vista,
91910, stated that at one of the hearings they invited co~rcial real estate
brokers to explain why does some properties do well in parts of the City and
others do not. One of the areas that came up was property in EastLake. A
commercial real estate representative relayed to the task force an example when
she was taking a client down Telegraph Canyon Road. She got half way when the
client said stop the car and turn around. He said there was no freeway access
for his particular purposes. This underscores part of the problem we are seeing
in the eastern territory is that we do not have $R-125 developed yet. He felt
that would change drastically as soon as SR-125 goes through. He urged caution
in whatever we do and whatever we plan in sum total with EastLake and Otay Ranch
keeping in mind that the overall mission that we are trying to accomplish is to
insure a well balanced tax base that will in the future buffer us against the
terrible recession that we went through.
Chris Salomone, Community Development Director, expressed that staff could come
back with a report on this with the various issues such as the CEQA issue·,
planning issues, and the time frames within thirty days. Coming back with an
action, would be problematic. If we come back with a report, then Council would
have more information on the proposal. Staff would recommend that Council act
on the task force's reco~endation now.
Councilme~er Moot atated he would be in favor of acting now on the'
recommendation, but would be more than willing to look at EastLake's proposal.
He felt that the possibility of the 40 acres locating near an SR-125 interchange
may be better. He was not "wild" about a residential overlay if it meant that
we would potentially lose industrial acres. A request like this needs to be in
writing and looked at by staff before Council can analyze it. There is a
potential site for a large user if we really wanted to stay open to another
Raytheon or company like that by moving quickly on the Kaiser site which is 30
acres. That would be an ideal site to fast track because if we had an
opportunity to have a large industrial developer, we might have the only readily
available 20 acre site. The task force said six months which included EastLake
Village Center. He would like to look at that site separately and see if there
might be some wisdom in bringing that site potentially on line and available even
quicker than that.
Mayor Horton agreed. Conceptually she could support this, but Council needs to
have the item analyzed fully before we take formal action.
· William Tuchscher stated that the task force dealt with industrial land
city-wide. They talked about various sites, but this wasn't a site specific
policy. They were asking Council to set a policy relative to this particular
land use and lay out a strategy to preserve the integrity of the inventory that
we have. That does not preclude anyone from filing an application for a zone
change and he encouraged anybody owning industrial land to do that if it makes
sense and/or if it brings some portion of that land on sooner. It is important
that Council take an affirmative action now which preserves the predictability
and deliverability of the industrial land that we have in our inventory. We do
not want to be planning our future based upon the last seven years of history.
June 23, 1998
Page 9
P~SOLUTION 19018 OFFERED BY ~AYOR RORTON, headin9 read, text waived, passed and
approved unan~ously 5-0.
21.A. R~SOLUTION 19066 DIRECTING ~TAFF TO DNV~OP ~.~ EDU~ATZON~L PR~ ~R
C~ VISTA ~SID~S ON ~I~I~ D~TION, ~N~ C~0I~
DIOIIDE ~ISSIONS; ~ DI~ ST~F ~ l~ ~ I ~UIT ~ ~SID~S, O~ING
V~D-~DED SERVI~ REGALING ~-m~ICI~ ~OI~S AVAI~ ~ ~N~S
SPECIFI~Y P~ING ~ G~ ~l S~AG has conducted a Re.est for
Pro. eel process and identified a vendor to provide electrical ~er
of p~ticipating public agencies. Staff reo~nds approval of the resolutions.
(Principal Management Assistant Young and Enviro~ental Resource Manager
B~erger)
B. ~SOL~ION 19059 ~PROVING A ~O~ OF ~ST~ING W~
DIE~ ASSOCIATION OF ~~S (S~AG) FOR P~ICIPAT~ON IN
~GION~ PO~R P~L ~ ~PROVING ~ AG~ WI~ CO~O~
~ION AS ~ ~C~IC SERVI~ PROVID~
C. ~E$OLUTIOM 19060 DIRECTING STAFF TOCONTINUE EVALUATING ~r~K
PURCHASING OPTIONS, INCLUDING CONSIDERATION OF PRICE, POWE~GENERATION SOURCE AND
CO2 EMISSION IMPACT; AND TO CONSIDER IN FUTUR~ ~T.Rt'~RICITY PURCHASING CONTRACTS
THAT A SIGNIFICANT AMOUNT OF "GREEN POWER' BE PROPOSED AS AN OPTION
Barbara Bamberger, Environmental Resource Manager, presented the education
portion of the staff report.
Addressing Council were:
· Kathryn Lockhart, representing Foresight Electric Company and Friendly
Power Company, 455 Euclid Avenue No. 107, San Francisco, 94118, stated that
Foresight Electric Company was a northern California company specializing in the
procurement and eventual sale of renewable energy to customers in California.
They function on the wholesale level providing a bridge between generators and
energy service providers. As such, they are in business with Friendly Power
Company to help them with renewable power to customers for whom they have sold
that. They were here to introduce an opportunity for Chula Vista to obtain a
portion or all of its energy that the city uses from renewable resources. She
understood that the City has received the oppoz~cunity through SANDAG and
Commonwealth to have a value priced proposal for energy services. It was in the
context of responding to that proposal that they put forth their own proposal.
She went over and compared both proposals.
Mr. Young stated that regarding parts B and C, what is before Council is a
contract that has been negotiated through SANDAG as a result of an RFP process
which was conducted by SANDAG to select an energy service provider for all of the
public agencies throughout San Diego County which were interested in
participating in a power purchasing pool. This pool would give those agencies
the opportunity to combine their electrical loads and achieve some bulk saving~.
As a result of that RFP process, SANDAG selected C6mmonwealth Energy who xs
proposed in the contract before Council. That contract would offer 1.5 to 3.5
percent savings over the total amount that any of the agencies that is currently
paying for electricity. The cost to the City for joining this pool is limited
to the monthly charge that the City would incur on a select number of meters that
the City has. The term of the proposed contract is one year and is renewable
beyond that time. It would be overseen by SANDAG staff and by City staff who
would be tracking the savings that we would be achieving on those meters. The
City can join with any number of meters that we would like to put into this pool.
What is proposed is that the City join with a very limited implementation with
the SANDAG pool, because the other terms that apply to this contract state that
although we can add meters at any time, we cannot take meters out of that pool
once they are in the pool until we get to the expiration of the contract. One
of the other considerations which is causing staff to bring the contract forward
at this time and recommending the phased implementation is that SANDAG has a July
1st date by which they would like all agencies to respond to this proposal. It
is the date by which Commonwealth is guaranteeing the savings that they have
proposed. There are some other opportunities out there that Council may want to
investigate further. Those opportunities may involve dollar savings to the City,
and they may involve environmental benefits. One of the options out there that
has recently developed is the State Department of General Services which
Minutes
June 23, 1998
Page 10
developed a similar RFP process and came up with three vendors that they are
working on to develop contracts with. One of them is Commonwealth. That would
have some very similar types of percentage savings but the terms of that have not
been fully decided yet and is not ready for a Council decision. They are looking
at August 31 as the date for people to contract with them.
· Mike McLaughlin, Director of Planning for SANDAG, 401 B Street, San Diego,
stated that SANDAG was asked to evaluate the potential for saving money as a
result of the restructuring and partial deregulation of the California electric
industry. SARDAG has been working with a policy committee of elected officials
and a working group made up of staff representatives of over a hundred different
agencies. The result of that work is the proposal before Council to create a
power pool to provide discounts on electric purchases for public agencies. He
briefly highlighted the power pool proposal through the use of overheads.
Councilmember Moot stated that one of the things that stands out in the SANDAG
proposal is that 80% of the proposed energy is coming from coal. He asked what
did SANDAG analyze with respect to the environmental impacts of coal generated
power production that might affect cities and counties and other potential costs
that may arise because of the environmental impacts of coal generated
electricity.
Mr. McLaughlin replied that the percentage is fairly close to the current mix of
electric provisions in the region, so in terms of environmental impacts, it would
come out even. They want to go back and look at some potential green energy and
some of the issues that were brought up tonight in terms of evaluating that
proposal. Part of their conversations with Commonwealth, they guaranteed the
investigation and opportunity to look at a greener mix and see what that does in
terms of the savings, because you will be balancing the savings versus the cost
of green energy. That will be a policy decision that Council will have to make.
This was a cost savings drive, but they did examine the possibilities and look
at the green energy provisions. As part of their proposal, they solicited from
the proposers any green energy sources that they could provide as part of their
proposal. They went through an evaluation in looking at that as a combination
of packages in terms of cost savings and what the mix of the energy was. The
committee that went through that evaluation recommended Commonwealth in those
proposals.
Councilmember Salas stated that the contract was to get a foothold to join with
SANDAG at the July 1st opening date. What Council is considering is eight meters
out of 431, so it is a very small portion of what we are considering. Of
importance to her is weighing the cost and the cost of the green power. One of
the things that we have to consider when you are talking about the reductions of
tons of carbon dioxide into the atmosphere is that green power may cost a little
bit more. In reading the staff report, it states that green power is about the
same or in some cases lower than the cost of less green mixes. Just because
there is so much dependence upon coal type of energy in the Commonwealth mix, she
would like to see the environmental savings explored when we are using the green
power.
Councilmember Moot stated that with energy deregulation, there are a lot of
competitive market-driven forces that are now going to come into play. Those
forces will be determined by the first of the contracts that get entered into by
the energy providers. When people have realized that there are savings when you
adopt environmentally responsible activities, that will be the driving force
which ultimately will produce the kind of environmental changes we are looking
for. We have a chance to be a major player in the competitive market forces as
to what energy will be and where it will be produced. We have an opportunity,
along with others who agree with Chula Vista's philosophy on environmental issues
to have a seat at the table at the market place because we are the ones creating
the demand in this new environment. We are the ones to tell the producers of
energy what we want and why we want it. The savings that we want will probably
see will be two, three, four years down the line when the market begins to react
to the demand. If energy continues to be provided by the traditional sources,
people will go back to those traditional sources; there won't be any motive to
change. In this area, there is a growing recognition that governments need to
change their thinking about energy consumption and use in its environmental
impacts.
Minutes
June 23, 1998
Page 11
C~uncilme~er Padilla stated that the issue of deregulation statewide with this
particular utility is very con, lex. True conversion to market driven competition
that allows for a long-term conversion to clean, more efficient energy production
and uses in technologies which ultimately reach the consumer are something which
takes place in the long-term. If they are truly market-driven, they take place
without the involvement of government or the least amount of involvement of
government along the way. With the change in the state legislation, the
participation in pools such as SANDAGs is not going to be universal or is going
to have a universal impact on the ability of consumers to ultimately have a
choice of where the energy that is being provided to them is being produced or
how it is being produced. In the shoz~ term, he was not certain that the
conversion to more green energy production and new technologies is necessarily
cheaper. But we do know that in the long term the likelihood is that it will be.
If this was analyzed from strictly a short-term economics stand point, he would
have to argue against what Mr. Moot said. But if you look at the larger policy
questions and at the direction and issues of sending a message about trying to
signal that we have to make it clear that we have some faith that ultimately in
the long-term moving =o greener production and at the supply end is going to
affect the cost of the individual consumer in the long term, that makes sense.
Be was not sure how we were going to achieve that in local government in terms
of participating in'pools.who select producers who don't use the most green
technology. He felt we can send a signal and perhaps have a further exchange of
information through SANDAG with the particular pool provider that has been
selected and find out if there are ways to address the issue of the technology
employed on the supply side.
Mayor Horton stated green power is an issue of concern with all the agencies
involved in the progess. This contract is flexible, it doesn't hold the City to
be a participant if there are alternative actions that the Council migh? want to
take in the future. She felt it was an impo~ant start and if our volce is to
be heard, we should be a participant and go with staff's recommendation.
Councilmember Moot felt that we send a wrong message by entering into a contract
like the one that is proposed, because once that contract is signed and entered
into, the message is we will accept this mix of energy use. He felt that was the
wrong message to send. We ought to send the message that this energy mix is not
acceptable to us, and we won't sign contracts and commit to this kind of energy
mix. We have a perfectly good default provider, SDG&E, who has already provided
this mix. We don't necessarily have to sign a contract that is going to save us
$14,000 while we are looking at other alternatives. He wanted to know from staff
what efforts have been made to join forces with San Jose, Irvine, Santa Monica,
and Santa Barbara to see if they could put together a pool that may be more in
fitting with the direction we want to go.
Ms. Bamberger clarified the issue of. the resource mix between the generic power
and the power exchange. It has been mentioned a few times that they are the
same. To clarify that, the largest percentage of fuel in that fuel mix on the
power exchange is actually about 34% natural gas and 17% coal. The rest being
a split between nuclear renewables at 11% and hydro at 24%. In addition, on the
co~m~ent regarding the coalition of cities, the cities are looking into the
possibility of aggregation, however, they are not at the point where there is
anything that is solid. The other proposals coming to the City from the
Department of General Services, Foresight Energy, and potentially Commonwealth
may be stronger in the short run. While we are working with those proposals and
reviewing them, we will continue to work very closely with the other ICLEI
cities. San Jose has recently hired a staff person specifically for the purpose
of developing an aggregation effort for green power and ABAG is also going to be
rebidding for green power. So there are options coming up very shortly, but it
isn't as short term as those that are coming up between now and August 31.
· Fred Blum, CEO of commonwealth Energy, based in Tustin, stated he did not
know where the statistics for green energy came from. They did not come from
them. It is a falsehood for the Council to be making a decision based on saying
that 80 or 87% of their power comes from coal. That is not true. One of their
suppliers is Pacific Corp. Their generation capacity is about 80% coal and 20%
hydroelectric; they are one of a hundred different energy suppliers that they are
currently procuring from. To make a decision for or against Commonwealth on the
basis of the coal analysis is erroneous. They go to the wholesale market on a
daily and weekly basis to buy from the most cost-effective producers. Sometimes
its hydroelectric; sometimes its coal; sometimes its natural gas which makes up
!
Minutes
June 23, 1998
Page 12
the majority of the power that their customers are using and the mix is virtually
identical to that of the power exchange, because most of the suppliers that are
ultimately generating their power are the same ones that are selling into the
power exchange. They agree with the long-term outlet of this industry. The
pushing of the green renewable power is one of the reasons why they pay three
times as much for power as people in the Pacific northwest; it has driven up the
costs. These are not economically efficient measures to produce electricity.
Over time, with new technology, they will get better. New technology isn't going
to enter the market place unless new companies with free thinking ideas are
allowed to get a foothold in the market. The reality is that unless you offer
a discount, most customers are not going to switch. In order to get a customer
base that allows you to stay in business and proceed along the lines of
revolutionizing the industry, Commonwealth has made a decision to offer discounts
instead of green power in the early stages. At the behest of organizations such
as the City and the State Department of General Services, they were putting
together a green power program that will be very similar to what Foresight was
talking about which will be a combination of discount power and green power will
ultimately result in a revenue neutral program. If in fact, the City chose to
come on board with the power pool and sign on with Commonwealth and you had a
green power alternative that Commonwealth could not match or beat, the City would
be free to go and pursue that green power alternative. By getting in with
Co~nonwealth, you would be guaranteed savings, and you would have the flexibility
to switch to either a green power mix or a different green power supplier if at
such time you believe that was in your best interest.
Mr. Young added that if Council has any desire to make a decision on the basis
of the source of the power, Commonwealth is looking into a green power option,
specifically for agencies like Chula Vista or Department of General Services that
'are interested in that. If there are issues with the mix of power sources that
was quoted in the staff report, that is something, that staff can discuss further
with Mr. Blume. The intent in bringing forth the report in the part B and C was
to present not only the foothold to allow the City to participate in the SANDAG
pool at this time, but also the ability to respond on the more principled issue
of green power and bring those issues back when staff has had an opportunity to
look at actual contracts from both Co~onwealth and other providers who might, be
able to provide something along that line.
Ms. Bamberger added that the source of information regarding coal came from
SANDAG minutes that were provided to us when we were reviewing the proposal in
March. Those minutes are available.
Councilmember Rindone stated the efforts to provide short term savings with the
strong indictment of trying to move towards the green power alternative and
looking at the bigger picture is the best course for us to. take. It is practical
and means that we are a participant player, but we also have an advantage that
other cities don't have and that is the pool of ICLEI membership of which we are
one of the charter members. He liked the direction that is being suggested
because it is being progressive. Its not just looking at a short-term profit or
a simple solution of a very complex subject. The first part is on the education
and that is what needs to be done. The other two parts is to participate in a
MOU with Commonwealth, get some of the short-term benefits, but understand that
this City even if it has to take the leadership, but if not, provide with other
cities in ICLEI to look at the alternatives. He felt this was the best way to
go.
Councilmember Padilla asked if Mr. Moot was suggesting that the form of the
statement he wishes to make would take the form of not supporting the
recommendation on the "B" resolution to join the pool. He also asked staff if
some of the information would predicate our decision in that regard was possibly
incorrect. In other words, the mix from which Commonwealth draws is in fact
better than we had initially relied upon SANDAG staff or we had thought, and that
may provide another alterative way for the Council to make the same statement and
still be able to support the same agreement. How do we translate this into
action?
Mr. Rowlands responded that from staff's perspective, the debate the council had
and the comments from Mr. Moot were echoed to him directly by staff. The same
issues of policy and why do this or don't do this is why the report recommends
a phase in of only eight meters and not the entire 431. He believed that Council
has much more influence as a player at the table than being outside the door.
Minutes
June 23, 1998
Page 13
Staff has been very involved with ICLEI, and they are trying to work together to
tackle the issue of green POwer. Staff is correct; don't go for the whole
package with the SANDAG contract, but phase it in and give Council options to
pull back. As indicated, we can pull out at any time if we had to. He felt that
staff had given Council the options to get out. The policy point, the commitment
and philosophy that Council has concerning green power is still in the package.
If Council does not adopt these actions, staff's hands will be tied as a player.
He believed we would be much more effective and more powerful having our staff
at the table at SANDAG to make our POint.
Mayor Horton stated that is why she was in favor of staff's recommendation,
because if we are going to be a effective, we have the opportunity to share our
concern with the region. We can be more effective working with the other cities
and in trying to enlighten them as to what the impacts would be.
· Don Cultrain, Senior Vice President and Director of Commonwealth Energy,
stated that people have made some assumptions which need to be clarified. He
felt that the City joihing with them, at least on a limited basis, gives you a
voice, and they are also promoting such things as green power for those who want
it. In order for the City to exercise a green power option, they have to create
green power projects because otherwise it is just a reallocation what you would
be scheduling for your account and would effectively be taken away from some
other city. The City's desires are no different from theirs. He felt that if
the City joined with the SANDAG pool, we can all work together to make this work.
Councilmember Salas felt that Councilmember Moot was right in insisting that we
set the policy here and that we have a very clear statement that we are going to
create the demand by insisting that we negotiate with people and companies that
are willing to use the clean energy sources. If we insist that to be par~ of the
SANDAG pool that we want the mix greener, then that is our responsibility to do
as a Council. It was her belief that what we are looking at is that even if we
pay a higher cost for energy, we are actually saving environmental costs. She
was in support of the staff recommendation because when she read it, it was very
clear to her that we were just joining in a very small area and only committing
eight of our 481 meters.
Mr. Cultrain stated that they were concerned with both the supply side and
developing projects in response to the demand. They were also trying to save
energy by developing such products which can be used to cut air conditioning
costs and consumption by up to 40%. These are the kinds of things that we are
aggressively pursuing. So they are not only looking at the demand side, they are
looking at conservation which doesn't seem to be in the interest of an energy
provider, but they believe that overall the world will be better off with these
types of things.
Councilmember Moot stated he will not be voting in favor of the Resolutions.
Specifically because Resolution 19066 he believed a far better choice is not
Option B, but Option C which is to help consumers make choices as opPOsed to
simply disseminate information with no endorsements. He felt we had a
responsibility to educate the consumers as to which energy from our analysis
appears to be the better mix. With respect to Resolution 19059, he will not vote
in favor of it because he did not feel it was a good contract. Sometimes you
lead from the inside, and sometimes you have to stand alone and lead from the
outside. This is an issue where if we just go along with what SANDAG has
negotiated and put together, our voice gets lost with a group of other cities who
are headed in the wrong direction. He would prefer to lead on this issue from
the outside. He was fully in favor of Resolution 19060. He felt it went to the
heart of what we are trying to do. However, he would get there by opPOsing
Resolution 19059 and supporting Option C in Resolution 19066.
Councilmember Rindone suggested a counter proposal as follows: (1) He liked the
suggestion of Option C, and he would support that. (2) Having seen the fact on
how long it took to settle the landfill issue, he felt Council had to be a player
in the process. Therefore, he would support Resolution 19059. (3) He had no
disagreement with Resolution 19060.
COUNCILMAN RINDONE OFFERED RESOLUTION 19066 AS AMENDED WITH OPTION C INSTEAD OF
OPTION BAND RESOLUTION 19059 AND RESOLUTION 19060, headings read, texts waived.
!
Minutes
June 23, 1998
Page 14
Councilmember Moot wanted to make it clear that what he supported was "Option C"
which states, "Help consumers make choices - develop a non-exclusive franchise
based upon basic criteria standards for consumers."
Councilmember Padilla stated that the options on page 21A-3 indicate that staff,
while we are dealing in all cases with companies that provide green power, was
trying to avoid helping consumers pick one particular provider of green power
over another provider of green power. That is very different than being neutral
on that issue and not making a recommendation at all. He felt that is where the
confusion was coming from. He felt staff was trying to dodge having the
appearance of commercially endorsing one provider that may have access to equal
green power options than another. In looking at the sixth paragraph of the
resolution, it talks about providing educational efforts by coordinating to
disseminate materials which provide an objective list of companies offering green
power based upon the State of California's definition of renewable energy. He
asked Mr. Moot if that would approach the non-neutral on the issue of providers
that he was trying to achieve.
Councilmember Moot responded that the question was what do you mean by an
objective list of companies offering green power. Does that mean Option B or
Option C. His direction is that it meant Option C. The language itself is
neutral, and it doesn't really tell you among the different ways to provide
objective lists of companies offering green power, how do you do that? The staff
report states that you can do it either through Options B, C, or D.
Councilmember Rindone stated that this is not clearly written in the discussion
of Option C. Option C is to make endorsements for green power. Not necessarily
which companies for green power versus just having cheaper sources. That is the
difference between Options B and C.
Councilmember Moot felt we were arguing over the head of a needle, but provided
staff understands where the Council is going, you can take the resolution and
interpret it to mean what we are saying.
Mr. Rowlands stated that from a staff perspective, the written resolution echoes
the intent of the Council policy and the intent of Mr. Moot. All through the
resolution it speaks of the importance of green power and how we are going to
pursue it.
VOTE ON RESOLUTION 19066 AS AMENDED USING OPTION C: approved unanimously 5-0.
VOTE ON RESOLUTION 19059: approved 4-1-0, Moot voting no.
VOTE ON RESOLUTION 19060: approved unanimously 5-0.
22.A. RESOLUTION 19061 MAKING APPOINTMENTS IN PROPOSED COMMUNITY FACILITIES
DISTRICT NUMBER 98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW III) -
The Ayres Land Company has requested the city conduct proceedings for the
formation of Community Facilities District Number 98-3. This district will fund
the perpetual operation and maintenance of open space slopes, drainage channels,
detention basins, medians and parkways of Sunbow II. The City has retained the
services of Dick Jacobs Associates as special tax consultant and Brown, Diven,
Hessel & Brewer as legal counsel to provide assistance during the proceedings.
Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 19062 ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE
TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTHICTNUMBEH
98-3 (OPEN SPACE MAINTENANCE DISTRICT N~qBER 35 [SUNHOW II])
C. RESOLUTION 19063 DECLARING ITS INTENTION TO ESTAHLISH COMM~/NITY
FACILITIES DISTRICT ~3MBER 98-3 (OPEN SPACE MAINTENANCE DISTRICT N%~BER 35
[SUNBOW III) AND TO AUTHORIZE THE LEV~ OF A SPECIAL TAX THEREIN TO FINANCE
CERTAIN SERVICES
D. RESOLUTION 19064 ORDERING AND DIRECTING THE PREPARATION OF A "REPORT" FOR
PROPOSED COMMUNITY FACILITIES DISTRICT NUMBER 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NUMBER 35 [SUNBOW III)
Minutes
June 23, 1998
Page 15
John Lippitt, Public Works Director, stated that the resolution signifies that
the cost per EDU will have a maximum dollar amount of $350 per year. The actual
amount might be less but that is the maximum amount for the first year and then
it can increase by the CPI. This is not a public hearing; it is setting the
Council's intention to hold a public hearing on July 28.
Councilmember Rindone asked why would the Council appoint itself aa the
legislative body of the proposed CFD?
Warren Divert, attorney, responded that the Act provides that the legislative body
of the local public agency forming a community facilities district should be
designated as the legislative body of the community facilities district itself.
What this means ia that if Council should form this district, from that day
forward when you take action pertaining to the levy of the special tax within
this district, Council will be acting as the legislative body of that district.
A co~mmunity facilities district is a separate governmental entity for certain
purposes, not for holding separate meetings. When you are acting on matters that
relate to the community facilities district, you would be acting as the
legislative body of that district itself.
RESOLUTIONS 19061, 19062, 19063, 19054 OFFERED BY MAYOR HORTON, headings read,
texts waived, passed and approved unanimously 5-0.
23. RESOLUTION 19065 AMENDING CITY SIGN POLICY 465-01 AL'D AUTHORIZING THE
INSTALLATION OF DIRECTIONAL SIGNS FOR '~nn COORS AMPHI~ZATER IN THEPUBLIC RIGHT-
OF-WAY - As part of the directional signage for the coors Amphitheater, due to
open this July, the developer, Universal Concerts, Inc. is fabricating
directional street signs to be placed in the right-of-way of Otay Valley Road.
These signs will be similar in size and shape to the ARCO Olympic Training Center
signs. Universal wishes to include the logo on these signs. Staff recomends
approval of the resolution. (Director of Community Development and Director of
Public Works)
No staff report was presented.
Councilmember Rindone felt that because, of the timeliness and impact on the City,
that if we fail to discuss this, he suggested that we have a vote of urgency to
discuss it tonight.
John Lippitt, Public Works Director, stated it was staff's intentio~ to bring it
back on July 14 as a Council action. Staff receive this information after the
item was prepared, so we did not have time to do it. They will probably start
work on the sign soon. Basically it is a structure, and they can probably change
words on it.
John Keheny, City Attorney, informed Council that if they wanted to discuss this
item any further, he advised that they are going to have to make the necessary
findings that it is an urgency matter. However, he hasn't heard any facts yet
that would indicate it is an emergency matter that arose between the time of the
posting of the agenda and the time of the meeting. He understood Mr. Lippitt's
comment that is on the record that this will be brought back to Council on July
14.
Councilmember Rindone stated the emergency is based on a memo Council received
dated June 18, 1998 where in the last paragraph it states that unless Council
expresses a concern about the process by June 25, staff will proceed with a
temporary permit. If that temporary permit also includes the construction of the
monument signs as designed, then it is appropriate for the comments he would like
to make.
Mr. Kaheny sta%ed~hat he still has not heard anything that would indicate that
this constitutes any sort of an emergency or necessity to take action at this
point.
Councilmember Rindone stated he would be discussing his concerns as requested on
this memo personally with staff. Regarding the directional signs, the staff
report states the signs include the Coors logo without script since the signs are
not part of the advertising purposes.
Minutes
June 23, 1998
Page 16
Chris Salomone, Community Development Director, stated the symbol which is a star
and some waves is the design that Universal came up with to identify this
particular facility. It is not a logo for Coors or for Universal; it is just the
thing they are using in their advertising that signifies this particular
facility. Calling it the Coors logo is a misnomer. It is the amphitheater logo
instead of a Coors logo.
RESOLUTION 19065 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approve unanimously 5-0.
ITEMS pI~3.~D FROM THE CONSENT CALENDAR
(Item 14 was pulled. However, the minutes reflect the published agenda order)
OTHER BUSINESS
24. CITY MANAGER'S REPORT(S)
· Tour of San Diego Pump Station. Mr. Rowlands stated there was a memo from
Chris Salomone concerning a proposed San Diego Pump Station. If the Council
would like to have a special bus tour arranged to see this proposed site and also
look at other pump stations in the area, it can be arranged. It could be either
the entire Council or a Council subcommittee with staff to be part of the tour.
Council can get back to staff with some dates.
Councilmember Rindone stated that the last time they tried to schedule a tour to
visit amphitheaters, they were told that no more than two councilmembers could
attend at any one time.
John Kaheny, City Attorney, responded that as long as you stay in the City you
are okay. It would be like a meeting and would need to be noticed.
Mayor Herren directed the City Manager to coordinate this with their secretary.
25. MAYOR'S REPORTfS)
· Ratification of appointments:
MSUC (Horton/Padilla) to appoint Hector C. Molina to the Cultural Arts'
Commission. This will fill the vacancy created by Commissioner Souval, whose
term expires June 30, 2000.
26. COUNCIL CO~4ENTS
Councilmember Salas stated she attended the America Cancer Society Relay for Life
last weekend at Southwestern community College. It was a benefit for cancer
research. She congratulated those who put the event together. It was the first
time it was held in Chula Vista, and there are plans to continue it next year.
The meeting adjourned at 9:11 p.m.
Respectfully submitted,
~Auttelet, CMC/AAE
Tuesday, June 23, 1998
6:00 p.m.
"1 declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clertk and that i posted
this Agenda/Notice on the Bulletin Board at
the Public Sgrvic~es Building ~nd at 6it= Irall on
Rt~ular Mt~tini~ of the City of Chula Vista City Council
Couucil Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL: Councilmembem IVhmt~, Padilla__, Rindoue~, Sahl.~, and Maynr Horton_
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
APPROVAL OF MINIITES: June 9, 1998.
SPECIAL ORDERS OF THE DAY: None submilted.
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following iteats listed under the Consent Calendur will be enacted by
the Council by one motion without discussion unless u Councihnember, a member of the public, or City stuff
requests that the item be pulled for discussion. If you wish to *'peak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations attd Action Items.
Items pulled by the public will be the first items of basiaess.
WRITTEN COMMUNICATIONS:
Letter from the City Attoruey slating that to the best of his knowledge from observauce of
actions taken in Closed Sessinn m~ 6/16/98, that there were uo repro'table notions which are
required under tbe Browu Act to he reported, h is recommended that the letter be received
and filed.
ORDINANCE 2736 AMENDING SECTION 13.14.150 OF TilE MUNICIPAL CODE TO ALLOW
DELINQUENT SEWER SERVICE CHARGES TO BE PLACED ON THE PROPERTY TAX BILL
FOR COLLECTION (secnud veadin~ and adoptiou) - The City is currently billing approximately 15,000
accounts for sewer service. Two percent of these accounts become seriously delinquent. If, atier extensive
collection eftbrts, payment is not made the City obtains a iudgement through Small Claims Contr. A lien
is then placed against the property, hut the City receives no payment nntd the property is sold or
refinanced. Adoption of this ordinance ~vill modify tbis prncess allowing these delinqnent charges to be
placed on the property tax bill so payment can be received within a year, as opposed to waiting indefinitely.
This will increase annual revenues tot he Sewer Fund, as well as greatly enhance the efficiency of the
collection process. Staff recommends Conncil place the ordiaance on second reading and adoption.
(Director of Finance)
I
Agenda -2- June 23, 1998
ORDINANCE 2737 AMENDING CHAPTER 9.50 OF THE MUNICIPAL CODE RELATING TO
MOBILEHOME PARK SPACE RENT REVIEW (second rending and ad~mtiont - Last year the City's
Mobilehome Rent Review Commission conducted two public hearings to solicit public inpnt on how to
clarify and streamline the Mobilehome Park Space Rent Review Ordinance Number 2251. The proposed
changes are the result of this input and hereby recommended to be approved by Council. A second general
reading of the proposed changes will be required be~Bre any changes to the Ordinance are adopted. Staff
recommends Council place the ordinance on second reading and adoption. (Director of Community
Development)
ORDINANCE 2738 AMENDING CHAPTER 2.16 OF THE MIJNICIPAL CODE ESTABLISHING
THE LIBRARY AND RECREATION DEPARTMENT (secnnd readin, and adootion) - The
resignation of the Parks and Recreation Director provided th~ City with a unique opportnnity to review its
organizational structure with an eye toward creative cost savings, staff utilization and program
implementation as well as making good community services better. A City Ordinance established the Parks
and Recreation Department which colnbined the services and hcilifies of a park department and a
department of recreation. This ordinance abolishes the Parks and Recreation Department and creates a new
Library and Recreation Department. Staffrecommends Council place th~ nrdinance on second reading and
adoption. (Library Director)
RESOLUTION 19050 APPROVING THE FIRE STATION NtJMBER 4 SECOND DEFERRAL
AGREEMENT - The City's current agreelnent with Rancho Del Rey Investors, L.P. (the McMillin
Companies) to extend the deferral fi~r the advancement of hinds t¥~r relocating Fire Station Number 4 was
predicated upon the City adopting an updated Pnblic Facilities Development Impact Fee (PFDIF) Program
by July 1, 1998. As the PFD1F will not be adopted and implemented until atier July I, 1998, an extended
deferral agreement is necessary. Staff recommends approval of the resolution. (Fire Chief and Deputy
City Manager)
i0.
RESOLUTION 19051 AMENDING FISCAL YEAR 1997/98 BUDGET TO TRANSFER FUNDS
BET~rEEN DEPARTMENTS 1N ACCORDANCE WITH THE BUDGET TRANSFER POLICY - The
Council Policy ~m Financial Reporting and Transtar Authority reqnires that all departments complete the
fiscal year with a positive balance in each summary category account (Employees Services, Supplies and
Services, and Capital Outlay). In nrder fi~r all departments to comply with the intent of this policy, the
transfers are recommended to be approved. All recmmnended transt~rs can he accomplished within
existing appropriations. Staff recommends approval of the resolution. (Budget Manager)
11.
RESOLUTION 19052 ESTABLISHING THE APPROPRIATIONS LIMIT FOR TItE CITY FOR
FISCAL YEAR 1998/99 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
Article XII1B of the Calitl)mia Constitution approved by the voters in 1979 and commonly retorted to as
the Gann initiative, reqnires each local government to establish an Appropriations Limit by resolution each
year at a regularly scheduled meeting or noticed special meeting. The purpose of the limit is to restrict
spending of certain types of revennes to a level predicated on a base year amount increased annually by
an inflation Ihctor. Staff recommends approving the resolution establishing an appropriations limit of
$237,973,072 fin' the 1998/99 fiscal year. (Director of Finance)
12.
RESOLUTION 19053 CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL RUNOFF ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998 FOR
COUNCIL SEAT 1 AND REQUESTING THE BOARD OF SUPERVISORS OF TIlE COUNTY OF
SAN DIEGO TO CONSOLIDATE THE SPECIAL MUNICIPAL RUNOFF ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION
10403 OF THE ELECTIONS CODE - At the General Municipal Election held on Jnne 2, 1998, no
candidate for Council Seat Number I won by a m4iority. Therefi~re, it is necessary ti) call a Special
Municipal Runoff Election to be consolidated with the Statewide General Election on November 3, 1998.
Staff recoimnends approval of the resohltion. (City Clerk)
I
Agenda -3- June 23, 1998
13.A.
RESOLUTION 19054 APPROVING FINAL MAP OF TRACT NUMBER 98-01, SALT CREEK
RANCH, NEIGHBORHOOD 5A, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS
AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TIlE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT - On January 20, 1998, Council approved the Tentative Subdivision
Map for Tract 98-01, Salt Creek Ranch, Neighborhood 5A. On that tentative map, neighborhood
boundaries were delineated. The Final Map, Snbdivision Improvement Agreenlent and Snpplemental
Subdivision Improvement Agreement lbr Salt Creek Ranch, Neighborhood 5A, is now befi)re Conncil l'br
approval. Staff recommends approval of the resolutions. (Director of Pnblic Works)
RESOLUTION 19055 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEI~YENT FOR TRACT NUMBER 98-01, SALT CREEK RANCH, NEIGHBORHOOD 5A,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NUMBER 18878 AND RESOLUTION NUMBER 16834 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
14.
RESOLUTION 19056 ESTABLISHING A COUNCIL POLICY FOR A REDUCED SEWER
CAPACITY CHARGE TO RESIDENCES USING APPROVED GREYWATER SYSTEMS AND
AMENDING THE MASTER FEE SCHEDULE TO REFLECT SAME - Last December Council
anthorized staff to pursue determinations from other agencies of our eligibility to receive funding or
assistance fi~r greywater systems. It was mentioned in that report that staff would be considering an
incentive system to encnurage the installation of the greywater systems. As a first step, staff is
recommending a rednction in the sewer capacity charge of 25%. Staff recommends approval of the
resolution. (Director of Public Works)
* * * END OF CONSENT CALENDAR
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportuniO, for the general public to address the City Council on atO, subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted ageada.) If you wish to
address the Council on such a subject, please complete tbe "Request to Speak Under Oral Comutunications
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 actio,.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as pablic heatings as required by law. If you wish to
speak to any item, please fill out the "Reqnest to Speak Form" available itt the lobby attd submit it to the City
Clerk prior to the meeting.
15.
PUBLIC HEARING DECLARING VACATION OF A PORTION OF AN ALLEY NORTH OF
THE PROPERTIES LOCATED AT 3080, 3082 AND 3084 MAIN STREET - A request has been
received tn vacate a portion of an alley north of the properties located at 3080, 3082 and 3084 Main Street.
Staff recommends approval of the resolntion. (Director of Pnblic Works)
RESOLUTION 19057 VACATING A PORTION OF AN ALLEY NORTH OF THE PROPERTIES
LOCATED AT 3080, 3082 AND 3084 MAIN STREET
I
Agenda -4- done 23, 1998
16.
PUBLIC HEARING TO CONSIDER TESTIMONY OF THE FISCAL YEAR 1998/99 LEVY OF
ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS I-9, 11, 14. 15, 17, 18, 20, 23, 24, 26, 31,
33, BAY BOULEVARD, AND TOWN CENTRE - The City administers 25 open space districts
established over the last 25 years. The districts provide 1he lnechanism to finance the mainlenance of
common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular
development. As part of this process, a levy of an anmml assessment is necessary to enable the City to
collect lhnds for the proposed open space maintenance. On May 26, 1998, Conncil approved the open
space reports on assessments for all existing open space districts and set tonight fl~r a pnhlic hearing to take
testimony on the proposed assessments. A second public hearing is scheduled ti)r July 14, 1998. Staff
recommends the public hearing be opened, testimony taken, and the pnblic hearing be closed. (Director
of Public Works)
17.
PUBLIC HEARING TO CONSIDER TESTIMONY ON TllE FISCAL YEAR 1998/99 LEVY OF
ASSESSMENTS FOR CITY OPEN SPACE D1STRICT NUMBER 10 - Based npon the advice of the
City Attorney, this item has been separated due to conflict of interest concerns since two Councihnembers
own property subject to the proposed assessment in this district. A second public hearing is scheduled
July 14, 1998. Staff recommends the pnblic hearing be opened, testimony taken, and the pnblic hearing
be closed. (Director of Poblic Works)
18.
PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 1998/99 LEVY OF
ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NUMBER 1 - Based npon the advice
of the City Attorney, this item has been separated due to conflict of interest concerns since one
Councilmember owns property snl!iect to the proposed assessment in this district. A second pnblic hearing
is scheduled tbr July 14, 1998. Staff recommends the poblic hearing be opened, testimony taken, and the
public hearing be closed. (Director of Public Works)
19.
PUBLIC HEARING DECLARING INTENTION TO ORDER CERTAIN CHANGES AND
MODIFICATIONS TO THE ENGINEER'S REPORT IN ASSESSMENT DISTRICTS NUMBER 90-
3, 91-1, AND 94-1 - On August 6, 1996, Council approved the changes and ml~dit'ications in proceedings
and assessments in Assessment District Number 94-1; approved the Fourth Amendment to the
Acquisition/Financing Agreelnent; and ordered changes and modificatim~s in proceedings and assessments
in Assessment Dislrict Nnmber 9DI. Dne to the density in two subdivismns {ff EastLake Greens, Units
10 and 16, The EastLake Company has requested that a change and modification in the assessment districts
be ordered. Since the assessment lbr every parcel will be reduced, no parcel will be above the 2% annual
limit. These changes will affect undeveloped and ansold properties. No assessment {m existing home
owners will be modified by these actions. Staff recmnmends approval ot the resolution. (Director of
Public Works)
RESOLUTION 19058 ORDERING CERTAIN CHANGES AND MODIFICATIONS 1N
ASSESSMENTS LEVIED WITHIN ASSESSMENT DISTRICTS NUMBER 90-3, 91-1, AND 94-1
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will coosider items which have been forwacded to them foc consideration b.v one
of the City's Boards, Commissions, aod/or Cm,mittees.
None submitted.
Agenda -5- June 23, 1998
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, 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 it to the City Clerk prior to the meeting.
20.
RESOLUTION 19018 APPROVING THE INDUSTRIAL LAND TASK FORCE
RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT - On October 9, 1997, staff
presented a report regarding the lack of adeqoate industrially zoned land in Chula Vista at a joint Planning
Commission/City Council Workshop. The report addressed the decreasing supply of "deliverable"
industrial acreage and the increasing industrial demand both in the City and Connty-wide. Poblic testimony
was received. The Planning Commission and Council requested that the Economic Development
Commission (EDC) establish a Task Force to review the issues discussed at the workshop and that staff
and the EDC return to Cooncil with specific recommendations. An Industrial Land Task Force was
formed, composed of the EDC Chair, the Planning Commission Chair, the Mayor, and live EDC
Commissioners. Staff recommends approval of the resolution. (Director of Community Development)
Continued from the meeting of 5/26/98.
21.A.
RESOLUTION 19066 DIRECTING STAFF TO DEVELOP AN EDUCATIONAL PROGRAM FOR
CHULA VISTA RESIDENTS ON UTILITY DEREGULATION, CONSUMER CHOICE, AND
CARBON DIOXIDE EMISSIONS; AND DIRECT STAFF TO ACT AS A CONDUIT TO
RESIDENTS, OF[ER1NG VALUED-ADDED SERV1CE REGARDING ELECTRICITY CHOICES
AVAILABLE TO CONSUMERS SPECIFICALLY RELATING TO GREEN POWER - SANDAG has
conducted a Request lbr Proposal process and identified a vendor to provide electrical power to a pool of
participating poblic agencies. Staff recommends approval of the resolutions. (Principal Management
Assistant Young and Environmental Resource Manager Bamberger)
RESOLUTION 19059 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR PARTICIPATION IN THE SAN
DIEGO REGIONAL POWER POOL AND APPROVING AN AGREEMENT WITH
COMM[ON~VEALTH ENERGY TO FUNCTION AS AN ELECTRIC SERVICE PROVIDER
RESOLUTION 19060 DIRECTING STAFF TO CONTINUE EVALUATING OTHER
ELECTRICITY PURCHASING OPTIONS, INCLUDING CONSIDERATION OF PRICE, POWER
GENERATION SOURCE AND CO2 EMISSION IMPACT; AND TO CONSIDER IN FUTURE
ELECTRICITY PURCHASING CONTRACTS THAT A SIGNIFICANT AMOUNT OF "GREEN
POWER" BE PROPOSED AS AN OPTION
22.A.
RESOLUTION 19061 MAKING APPOINTMENTS IN PROPOSED COMMUNITY FACILITIES
DISTRICT NUMBER 98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW
1I]) - The Ayres Land Company has reqnested the City condnct proceedings for the formation of
Conununity Facilities District Number 98-3. This district will fired the perpetual operation and
maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Sunbow
II. The City has retained the services of Dick Jacobs Associates as special tax consultant and Brown,
Diven, Hessel & Brewer as legal counsel to provide assistance during the proceedings. Staff recommends
approval of the resolutions. (Director of Puhlic Works)
RESOLUTION 19062 ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE
TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES
DISTRICT NUMBER 98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW
Ill)
RESOLUTION 19063 DECLARING lTS INTENTION TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NUMBER 98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35
[SUNBOW III) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE
CERTAIN SERVICES
RESOLUTION 19064 ORDERING AND DIRECTING THE PREPARATION OF A "REPORT"
FOR PROPOSED COMI~fUNITY FACILITIES DISTRICT NUMBER 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NUMBER 35 [SUNBOW III)
I
Agenda -6- June 23, 1998
23.
RESOLUTION 19065 AMENDING CITY SIGN POLICY 465-01 AND AUTHORIZING THE
INSTALLATION OF DIRECTIONAL SIGNS FOR THE COORS AMPttITHEATER IN THE
PUBLIC RIGHT-OF-WAY - As part of the directional signage lbr the Coors Amphitheater, dne to open
this July, the developer, Universal Concerts, Inc. is fabricating directional street signs to be placed in the
right-of-way of Otay Valley Road. These signs will be similar in size and shape to the ARCO Olympic
Training Center signs. Universal wishes to include the logo on these signs. Staff recommends approval
of the resolution. (Director of Conmmnity Development and Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
This ix the time the City Council will discuss items which have been removed fi'om the Conse.t Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
24.
CITY MANAGER'S REPORT{S)
A. Scheduling of lneetings.
(1) Tour of San Diego Pump Station.
25.
MAYOR'S REPORT(S)
A. Ratification of appointment to tile Colmral Arts Cmmnission - Hector C. Molina (to fill vacancy
created by Commissioner Souval, whose term expires June 30, 2000).
26. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regolar City Council meeting on July 14, 1998 at
6:00 p.m. in the City Council Chambers.
A special joint meeting ot' the City Council/Redevelopment Agency ',viii he held immediately fi~llowing the City
Conncil meeting.
I
"1 declare under penalty of perjury that j am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
Tnesday, June 23, 1998 the Publi,c ~e, _rv)ca~ Building a~d at City Rail. on
(imtnediately following the City Conncil t¢leff(Ing)
Council Chambers
Public Services Building
City uf Chula Vista City Cnuncil
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new antemhnents to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are permitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the CIO'. The Council is
required by law to return to open session, issue any reports of final oction taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant tn
Government Code Section 54956.9
Wolfe v. City of Chula Vista.
e Griffin v. City of Chula Vista.
Chula Vista Police Officers Association v. City of Chula Vista,
· Granite Constrnction v. City nf Chnla Vista.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pnrsuunt to Government Cnde Sectinn
54956.8
· Property:
Approximately 7 acres located on Bonita Road a4jacent to the
Chula Vista Municipal Golf Course.
Negotiating parties:
City of Chula Vista (Chris Salomone and George Krempl) and
Diamond Development Company; Ameripark Lodges; and
CPR Restaurant Gronp.
Under negotiations:
Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property.
CONFERENCE WITH LABOR NEGOTIATOR - Pursnant to Government Code Section 54957.6
Agency negotiator: David Rowlands or designee tBr CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
CI1~ OF
CHULA VISTA
OFFICE OF THE CITY ATrORNEY
Date:
To:
From:
Re:
June 17, 1998
The Honorable Mayor and City Council
John M. Kaheny, City Attorney~
Report Regarding Actions Take~' in Closed Session
for the Meeting of 6/16/98
The City Council met in Closed Session on 6/16/98 to discuss Wolfe
v. City of Chula Vista, Griffin v. City of Chula Vista and labor
negotiations.
The Redevelopment Agency met in Closed Session on 6/16/98 to
discuss Travis A. Reneau, et al. v. the Redevelopment Agency of the
City of Chula Vista.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C: \lt \clossess .no
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 585-5612
ORDINANCE NO. ~ ~
AN ORDINAN 0 =~ .... 'c~%O~
THE CHULA VISTA MUNICIPAL CODE~' ALLOW
DELINQUENT SEWER SERVICE CHARGES~,~]D'BE PLACED
ON THE PROPERTY TAX BILL FO,R~L~ECTION
The City Council of the City of Chula Vista does hereby ordain as
follows:
Section I.
That Section 13.14.150 of the Chula Vista Municipal
Code is hereby amended to read as follows:
13.14.150
Payment of Sewer Service and Pump Station Charges-
Penalty for Delinquency-Discontinuance of Service-
When-Unlawful Connection-Backbilling and Penalty.
Billing and Payment. Ail sewer service charges shall be billed
upon a monthly or bi-monthly basis, or on the Tax Bill, as
determined by the City Council, and shall be payable upon the
billing of such charges to the owner of the occupant.
Director's Report. Annually, not later than August 10,
the City Clerk shall set the Report of the Director of
Public Works filed pursuant to Section 13.14~110 for
public hearing before the City Council and duly cause
Notice thereof and of the filing of said report to be
published once at least ten days in advance thereof in a
newspaper of general circulation published in the City of
Chula Vista.
o
Notice of Property Owner. When the Director of Public
Works requests that such charges be collected on the Tax
Bill for the first time, the City Clerk shall, in
addition to the notice required by subsection B.i., cause
to be mailed to each person assessed for each property
described in the report, at the address shown on the last
available assessment roll, Notice of the filing of the
report and of the date, time, and place of the public
hearing thereon. If such charges are collected on the
Tax Bill pursuant to such Notice, annually thereafter
such notice need not be given but only the notice by
publication required by subsection B.1.
Council Action. The City Council shall conduct a public
hearing to consider the amount of such charges, and whether
the shall be collected on the Tax Bill. The first year said
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
charges are proposed to be placed o the Tax Bill such action
is subject to a majority protest.
If a majority of the owners of affected properties
protest placement on the Tax Bill, the charges shall not
be so collected, but shall be established by City Council
Resolution and collected pursuant to subsection D hereof.
If there is no majority protest and the City Council
determines to place the charges, or some of them, on the
Tax Bill, for those to be collected on the Tax Bill the
City Council shall by ordinance approve the report of the
Director of Public Works, along with any corrections
thereto and establish the amounts of such sewer service
charges to be placed on the Tax Bill. The City Clerk
shall endorse thereon that it is the report finally
approved by the City Council, and forward the appropriate
date forthwith to the County Auditor for enrollment on
the Assessment Roll, and ultimate collection by the Tax
collector on the Tax Roll in accordance with Health and
Safety Code Section 5473 et seq.. Pursuant to Health and
Safety Code Section 5473.8~ all laws applicable to the
levy, collection and enforcement of ~eal property taxes
including, but not limite~ to, delinquency, correction,
cancellation, refund and ~edemptio~, are applicable to
such charges.
a.
Pursuant to Health and safety Code section
5471 and 5473.10, the City Council shall
establish by ordinanc% the charges as those
set forth in said ~eport (along with any
corrections) and hereby establishes the basic
penalty for ~elinqU~ncy in the amount to 10%
of the delinquent ,~amount, plus one and one
half (1-1/2) percent per month for nonpayment
of the charge and basic penalty (designated
for administrative convenience only in the
Master Fee Schedule), which shall also be
collected by th~Tax Collector on behalf of
City.
The Director o~ Finance shall give Notice to
the owner of a~y parcel when any such charges
become delinquent for 60 days, and of any
penalties an~ interest thereon as provided
herein, and t/nat they shall constitute a lien
with the force, effect and priority of a
judgment lien against the lot or parcel
against which it was imposed, good for three
years from recordation, if recorded. The
Director of Finance shall record with the
County Recorder, pursuant to Health and Safety
2
Code Section 5473.11, a certificate specifying
the amount of the unpaid charges and penalties
and interest thereon, when any such charges
become delinquent for 60 days.
Non-Tax Bill. Alternatively, the charge and the billing
therefor may be combined with other utility bills and
separately designated, or otherwise billed and collected, as
determined by the City Council. Said charge together with
penalties and interest, and reasonable attorneys' fees
(hereafter collectively referred to as Charge), shall be a
charge on the property served and shall be a continuing lien
upon the property served, the lien to become effective upon
recordation of a Notice of Delinquent Sewer Service Charge.
Each such Charge also shall be the personal obligation of the
person who was the owner of such property served at the time
when the Charge was levied. The personal obligation for
Delinquent Sewer Service Charges shall not pass to an owner's
successors in title as their personal obligation unless
expressly assumed by them.
Any Charge imposed in accordance with this ordinance shall be
a debt of the owner of property served from the time the
Charge is levied. At any time after any charges have become
delinquent, the City engineer may file for record in the
office of the San Diego County Recorder, a Notice of
Delinquent Sewer Service Charge as to such property served,
which notice shall state all amounts which have become
delinquent with respect to such property served and the costs
(including attorneys fees), late penalties and interest which
have accrued thereon, and the amount of any charges relating
to such property served which is due and payable although not
delinquent. The notice also shall contain a description of
the property served with the name of the record or reputed
record owner of such property, and the name and address of the
trustee authorized by the City to enforce the lien, if by
nonjudicial foreclosure as provided below. Immediately upon
recording of any Notice of Delinquency pursuant to the
foregoing provisions of this Section, the amounts delinquent,
as set forth in such notice, together with the costs
(including attorneys' fees), late penalties and interest
accruing thereon, shall be and become a lien upon the property
served described therein, which lien also shall secure
delinquent charge and all other charges which have become due
and payable with respect to the same property, together with
all costs (including attorneys' fees), late charges and
interest which have accrued on such amounts, are paid fully or
otherwise satisfied prior to the completion of any sale held
to foreclose the lien provided for in this ordinance, the City
Engineer shall record a further notice, similarly signed,
stating the satisfaction and release of such lien.
3
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Each lien may be foreclosed a sand in the same manner as the
foreclosure of a mortgage upon real property under the laws of
the State of California, or may be enforced by sale pursuant
to Sections 2924, 2924(b), 2924(c) and 1367 of the California
Civil Code, or any successor statute or law, and to that end,
the right to enforce the lien by sale is hereby conferred upon
the City and its trustee designated in the Notice of
Delinquent Charge, or a trustee substituted pursuant to
California Civil Code Section 2934a. The City shall have the
power to bid for the property sel-ved at a foreclosure sale,
and to acquire and hold, lease, mortgage and convey the same.
Suit to recover a money judgment for unpaid charges, costs,
late penalties and attorneys' fees shall be maintainable
without foreclosing or waiving the lien securing the same. In
any action by the City to collect delinquent charges,
accompanying late charges or interest, the prevailing party
shall be entitled to recovery of its costs and reasonable
attorneys' fees.
Penalty for Delinquency. If the sewer service charge is not
paid before the close of business or postmarked before
midnight of the final date for payment as shown on the
billing, a basic penalty of ten (10) percent of the charge(s)
shall be added thereto, plus one and one half (1-1/2) percent
per month for nonpayment of the charge and basic penalty
(designated for administrative convenience only in the Master
Fee Schedule); provided, however, that when the final day for
payment falls on Saturday, Sunday or a legal holiday, payment
may be made without penalty on the next regular business day.
Notice of delinquency - Hearing and lien. When the full amount
for said sewer service charge is not paid within sixty days
after the final date of payment, the City clerk shall set said
delinquent account for hearin~ by the City Council at a
regular or adjourned regular meeting which will be held at
least seven calendar days after such sixty-day period has
expired. The owner of the property shall be mailed notice of
the time and place of the hearing. The notice shall also
inform the property owner that failure to pay said delinquent
account will result in a lien upon the property, and the
amount owed will be charged to the property owner on the net
regular tax bill. Notice of the public hearing shall also be
published once at least ten days in advance thereof in a
newspaper of ~eneral circulation published in the City of
Chula Vista. The City Clerk shall post a copy of such notice
of the ti~e and place of hearinG, in a conspicuous place at or
near the entrance of the Council Chambers in the City Hall.
Delinquent Accounts Hearing and Assessment. The City
Council shall consider said delinquent accounts at the time
set for hearin~ togethe~ with any objections or protests by
interested parties. Any owner of land or person affected by
4
the charges may present a written or oral protest or objection
to the delinquency of said account or the amount owed thereon.
At the conclusion of the hearing, the City Council shall
either a~Drove the delinquency and amount owed on the account
as submitted or as modified or corrected by the City Council.
The decision of the City Council on the charges and on all
protests or objections shall be final and conclusive. The
amounts so' approved shall reflect the entire amount due,
includin~ all penalties, interest and administrative fees that
have accrued against the account as of the date of the
hearing. The amount shall be charged to the property owner on
the next regular tax bill and shall be a lien upon the
property involved. The City Council shall confirm such
assessment and cause the same to be recorded on the assessment
roll and. thereafter, such assessment shall constitute a
special assessment and lien upon the property. The City
Council shall adopt a resolution assessing such amounts as
liens upon the respective parcels of land a they are shown
upon the last available assessment roll.
Delinquent Accounts Administrative Fee. Ail delinquent
accounts approved by the City Council pursuant to section G
shall be charged an administrative processing fee to offset
the costs incurred by the City in administering the provisions
of this chapter. The administrative processing fee
(designated for administrative convenience only in the Master
Fee Schedule) shall be added to the amount assessed against
the property.
Service Discontinuance. In the event the oWner or occupant of
any premises shall be delinquent in payment of the sewer
service charge and such delinquency continues for a period of
five days after the final date for payment of such charge, the
City shall also have the right, forthwith and without notice,
to discontinue sewer service to such delinquent owner or
occupant, and sewer service shall not again be supplied to
such person until all delinquent sewer service charges plus
the penalties thereon as herein provided have been paid. The
sewer service charges may be collected by suit in any court of
competent jurisdiction or any other manner.
Unlawful Connection. In the event that any parcel or building
is determined by the director to have been unlawfully
connected to the public wastewater system, the City shall have
the right to terminate sewer service t such parcel or building
as provided in section 13.06.110. Sewer service shall not
again be supplied to such parcel or building until all
delinquent sewer service charges which have been accumulated
during the current ownership of the parcel or building, plus
a basic penalty of 10% of the delinquent sewer service charge
plus one and one half (1-1/2) percent per month for non-
payment of the charge and the basic penalty (designated for
5
!
administrative convenience only in the Master Fee Schedule>,
has been paid.
Section Iio
This Ordinance shall take effect and be in full
force on the thirtieth day after its adoption.
Presented by
Approved as to form by
Robert W. Powell
Director of Finance
c: \cbs\cvcity\bjm\sewer. ord
£
AN ORDINANCE OF THE CITY OF ~ VIST~q~^?L,DING CHAPTER
9.50 OF %-~ CHtILA VISTA MUNiCIPAlS.CODE RELATING TO
The City Council of 5he City of Chula Vista does hereby ordain
as follows:
SECTION I: That Chapter 9.50 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Chapter 9.50
MOBILEHOME PARK SPACE - REET REVIEW
Sections:
9.50.005 Puzpose.
9.50.010 Applicability.
9.50.015 Applmc~xI~ty of ~pter 9.50 to Recreational
Vehicles.
9.50.020 Rcpcalcd.
· .
9.50.030 Defin~t~on~. ~ .......
9.50.0~0 Repealed. ·
~.crskiu.
9.50.0fi7 ~;o~zcc o~RenE Increases Upon C~ge of ~ers~ip.
9.50.068 Notices of CPI, Rent Increase~ ~d Right to McdiaLc
9.50.070 I~mt~t~n of Spa~e '~ent Review.
9.50.073 Factors to Consider in Fixing Space Rent
9.50.076 Ri~t to Mediate Mobilehome Resale Price.
9.50.078 Cr~nal Acts.
9.50.080 ReDealed.
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
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9.50.081
9.50.083
9.50.085
9.50.090
9.50.100
9.50.110
Civil Remedies.
Criminal Remedies.
Repealed.
Repealed.
Severability.
Repealed. -.
9.50.005 Purpose.
The City intends by this chapter to maintain a supply of
affordable housing. The City Council finds that there is an ample
supply of apartments for rent and that the apartment marke~ place
does not need regulation in order to keep the rents at an
affordable level. The Council finds that the supply of mobi!ehome
space available for rent is not adequate to meet the total demand,
a~d that as a result, the limited supply ofhsuch spaces is driving
up the space rents in a manner that would, in the absence of
regulation result in the elimination of affordable housing.
The City also intends by this chapte~ to prevent existing
t~n=nts ~~, who are rendered largely incapable of moving
their mo~[~: withou~ suffering a sub~tantiai loss in their
value, from being charged excessive and unconscionable rents due to
this lack of mobility. The Council finds ~at the limited supply
of mobilehome space available for rent in is C ~y would, in the
absence of regulation, allow for an unconscionable increase of
rents to existing mobilehome park residents.
The City also intends by this chapter to prevent existing
tcn~nts , who are~ rendered largely incapable of moving
tne!r moSl~omes without ~uffer~ng a! substantial loss in ~' =~
value, from loss of the res~le value ~f their ~Obilehomes due ~o
the fact that an incoming /resident %s be%ng ~harged excessive
rents. ~
The Council finds that e limite~ supp y of mobilehome space
available for rent in this Cit~ would, ~n the~absence of space rent
regulation at the time of such\sale or!other~acancy, allow for an
unconscionable loss of resale~ value of mob%!ehomes to existing
mobilehome park residents. ~ ~
9.50.010 Applicability.
This chapter shall apply to a/mobilehome that requires a
permit to be moved on a street or highway.
The procedures contained in this chapter are insended to
provide a mechanism for the resolution of disputed increases in
rents by makin~it advantageous for mobilehome owners and
mobilehome park o~ners to establish a better understanding for each
other's position~ which will result in agreement on the amoun5 of
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~=n__.t to be charged. .... n hlnding arhitrztion provizisn :- =_-~s."it_j~-
for,. The ~ ~''~ '
p_o~_=u__s of the ordinance are established with une
intent that uhey be acco~nlished in a timely fashion. The
participating parties shall commit to the goal of com.D!cting thz
..-x.y ',~0,' days of .h. sc~.-in~ sf th=
nstiga of rznt incrcaua, add that the entire dispute resolution
process be completed within ~ne hundred-twenty (120) days fol!owin~
receipt of the notice of ~~ space rent increase.
This chapter shall not apply to leases
This chapter shall not apply to a mobilehome park if the rents
that may be charged for spaces thereat are regulated pursuant to an
agreement with the Redevelopment Agency of the City of Chula Vista
under the authority of Section 33334.2 through 33334.4, inclusive,
of the California Health and Safety Code, for such period of time
as the agreement is in effect.
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rec~_vln~ a
an
9.50.015 Applicability of Chapter 9.50 to Recreational Vehicles.
~ ~)~~i~ecreatlonal vehicles as defined in
Ca!Ifornla ClvlI Co~e Se~1on 799.24 are subject to the r-~kts and
d'~tlc~ ~~ set forth in Chapter 9.~3 .-.nd ~-~ ~ ..... ~
~'~ ~ ~=~-~=~ ~ ~ forth herein where the recreational
vehicle owner/occupant has been in residency for nine or more
consecutive months. Notwithstanding the above, this chapter shall
not be applicable to recreational vehicles residing in parks
operated as recreational vehicle parks, where the predominant
number of spaces are occupied for less than nine months.
9.50. 020 ~9~~~i~9~ Created.
-4-
(Section ....
p .... ou.~y repealed by Ord
1988; Ord 2163 §3, 1986; Ord 1997 §1
~:?:~::~ ~:+~ ~ ~ ~i:::::::::::::::::::::::::::::::::::::::::::::::::::: '¥:::::::: 'i >:~]%i:: ~:.:~:~:~:: :":' '~: "":~:~ ::' ':::: ::~ '.~ ~:~:: :::::::::::::::::::::::~0:
2306 §1, 1989; Ord 2282 §2,
(part), !982) .
9.50.030 Definitions.
Words used in this chapter shall have the meaning
described to them in this section:
"Space rent" means the consideration, including v~a~:
bonus, benefits, or gratuity demanded or. re~e~
connection with the use and occupancy of the mobilehome space
in a mobilehome park, or for the transfer of the lease for
~ut exclusive of any amounS~~~
paid for the use of the mobilehome d ellzn~i or of major
capital :mprovcmcnt or othcr al!owablc pa~o through~
dc~lncd .... k_~ o_d_..ancc~~
"Mobil'ehome" means a mobilehome as defined in the California
Mobilehome Home Residency Law.
"Mobilehome park owner" or ,'Owner" means
owner, lessor, operator, ~!ii!ili~anager of
within the purview of this'~inance.
"Dispute" or "Controversy" means a disagreement or difference
which is subject to the arbftration ~~:~rocess
described in this chapter.
"Consumer Price Index" or "CPI" shall mean the all urban
consumers/all items component of the San Diego Metropolitan
Area U (broader base) consumer price index.
G. "Major Capital Improvement Pass-Through" means a separately
'identified monthly charge to residents which represents the
-5-
repayment of a cost for a major capital imD_ov_m ........
following characteristics:
!. Said improvement shall have a cost of more than $10,000.
2. Said improvement ~hall be exclusive of maintenance or
replacement of existing facilities.
o
Said ~i~rovement shall have been approved in censer:
~~y more than fifty percent (50%) of ~he
~:'~_ spaces within the mobilehome Dark. a~=~____ a~__
spaca~ ~~ in the park have been informed cf the
na~ure,~':'~'~I~design, timing, and overall cost of said
improvement, and the amount and duration of the related
Other Allowable Pass-Throughs means separately billed
utility service fees and charges excluded from renn in
accordance with the provisions of Civil Code Section
798.41; increases in rates of ~ o%~r provida~
utilities~ and governmental assessments such as real
property ~'taxes, license fees, and assessments for
municipal services or improvements. Copies of bills,
invoices, or other appropriate supporting documentation
shall be kept on file in the park owner's on-sine
business office, and made available for review by
affected residents upon reasonable request a5 any time
during normal business hours.
"Mobi!ehome Park" or "Park" is an area of land where two
or more mobilehome--s4-t-e~ are rented, or held out
for rent, to accommodat~"'"~'~Bi!ehomes used for human
habitation.
9.50.040 Negotiation Co~ssion-M~mhership.
(Section repealed by 0rd 2306 §1 (part), 1989;
2282 §2, 1988; 0rd 2163 §5, !986; 0rd 1997 §1
0rd 2291 §!,
(part), 1982)
9.50.060 Powers of a negotiation commission.
(Section repealed by Ord 2306 §! (part), 1989;
Ord 2t63 ~7, 1986; Ord 1997.§1 (part), 1982).
Ord 2282 §2, 1988;
9:;$D~6'3~!~i.l~ot~cc of r~ent ~Increase without eChange of M~)5~iehom~
In any situation where a mobilehome park owner wishes to
increase the space rent to an existing resident above the
applicable CPI, he or she must first give notice to affected
residents, at the same time the sixty ~g0] ninety (90) day
notice required by Civil Code Section 798.30 is given, as
follows:
NOTICE - PENT INCREASE IN EXCESS OF CPI
This is a notice of space rent increase which exceeds the
percentage increase of the Consumer Price Index (CPI) for the
most recent twelve (12) month period, as reported by the
Bureau of Labor Statistics, preceding this notice. The CPI is
% and this increase is % of your current rent. Under
the City's Municipal Code, you are entitled to the following
rights:
I am re.uuired to hold a meetin9 with the residents to
discuss the reasons for the increase. The meeting will
be at ...................... . ................... ~:~t!me ~:~~..~!~:~:~.::~..
cnco~_~gcd ~o ~.~cn~ 5 .... c no~ .c~__c~ -o dc
Under the City's ordin~ce, oEers ~d residents are
encouraged to attempt to resolve differences regardin9
this increase.
You have the right to file for arbitration with tko
C..} ~ Comm~_.y Dc clo~mc..~ Dcpa~~mc..~~~:~:~:~
~::~::s~: ~:~:: ~:::: ~ ::::~: :~: :~ $~-~:~ :.~: .~ ::~:::~: $ ~ :~. :~~~%i~z::z~:~:~$~:~:
may z~Ie _or ~_o_.ra~_o ...... c_Hc_ o_ no~
· f you a~tend the meet~n9 to d~scuss t~e ~ncrease. To
f~le for ..b ...... on, yc ..... s. p_.c_ . =.pou_~ o_ ~
DeparCmen~ w~E~n th~r~y (30) days or the date
-7-
Co
notice is served on you,
dcDorlt, you = ~=~:'
ycar) you may bc c~ig:~c to raccf%-c ascimtan~ ' :'~
part cf thc cost of arDitr~tfon from tko City's Co~munf:y
Dcva!opmcnt Dapartmcn~. If you have ~estions r:~Lrdin~
arbitration, or need more info~ation, you can call 5he
City at 691 ~0~7 ~.~i~.3~.~{~
This increase is in addition to the following allowable
pass-throughs: [identify tytDe and amounC of major capiial
improvement or other allowable pass-through]
The following space numbers are subject to this increase:
[insert numbers of affected spaces].
If the residents within the affected mobilehome park have
established ~ ~~epresentative body and notify the
owner in writin~f~istence, a copy of the rent increase
notice must also be sent to the chairperson of :hat body.
A copy of the rent increase notice shall be mailed (i~i~::~:::~i
~... . ..... ...,,..~ . ~return receipt requested) to the Communmty
Deve~opmen~ ~r~nt of the C~ty of Chula V~sta, 276 sourth
Avenue, Chula Vista, CA 91910, at the same time as issuance of
the notice to residents.
The rent increase notice must contain the space numbers of al!
residents who are subject to the increase which is above the
amount of the applicable CPI.
Thc notice shall advioc rccipi~nts that a dcposit cf 2S% of
~ coot of ~rbitr~:ion ~
ohs_= bc madc '~- thirty '
of thc d~tc of ocrwicc of notfcc cr thc riNht to ~rbitrati~n
:- waivcd. Thc dcposit shall ba madc ~_.h thc Dircctor cf
Community Dcvclopmsnt.
Within five (S) days, but not mcrc than 10 days after service
of a notice of increase, as provided in Section 9.50.06~', the park
owner must ~hold an informal meeting for the benefit of the
affected re:~::~:~s to discuss his cr her ~!ii~!iiiiiii!ilncrease. it is
hoped that such a meeting may lead to volu~::~ettlement of any
dispute.
-8-
The meetin~ should be set for a time and date believed to be
convenient for residents and may be changed to a different dase
based on the reasonable request of the ~~ili!i!ii~i~iiiiiiiiii!ii~f~i~d
residents.
.h..a..c .... o shall hJvc thz option to choose who_ha_ cr not
tc nttcnd thc maa%in~. A.~cndanc. at thc mcctin9 mhal! not ~ffact
.h~ -~csidcnts rigkt to zrbitra~c under Scction D ..... 70.
9.50.067 Notice of ~Rent ~=I-ncrease upon eChange of Mobilef~ome
~ership. :
The review process shall also be applicable to the situation
where space rent is increased above the applicable CPI upon change
of ownership of the mobileho.me or rcmoval of thc u-nit. Either the
incoming or outgoing owner-occupant shall have the right to
A. Outgoing Mobilehome Resident's Right to ~bitration
If an outgoing mobilehome resident intends to sell bls or her
mobi!ehome, the o~er shall provide to the outgoin~ resident
within 15 days of the receipt of a written notice of inten~ to
sell, a ~i=ten statement as to the rental rate to be offered
to the incoming mobilehome resident aD oct.o= .... -~ b__o,,~-
s'~Dcction C. If the rate of increase in rent [o the new
o~er-occup~t is ~ove the amour of the applic~!e CPI as
provided in Section 9.50.068 A, than thc currant rusidcnt
skal! havc thc ri~kt to ark!tratc thc incrcaDc '~ndar ~h=
~~=he increase ~uer
the provisions of ~ec[!o~6~:75. .~c r.gh~ _s $~ ....
thc out~oin~ rcsid=nt p!acin~ u dcposit pursuunt to Scat!ch
9.~0.070 (B) bclow, %~__k_n 30 days of oc~'icc of thc
%~ittcn statcmcnt, as sho~ in s~scction C bc!ow, to
out~oln~ rculdcnt. ~~ ~
B. Incoming Mobilehome Resident's Right to ~Jbitratc
The o~er shall also provide within 15 days of receiving
cody o.. comp_atari ag. ccmcn_ _o_ sa_c o .... c
~~l~ficn uta[cma~ ~o [~c !ncomlng
rcol~cnt as to (1) ~ the rental rate to be offered to the
· ncomlng mobllehome resident, as sc~ _o.~h bc_o%~ _n
C, bc!o%~ and, (2) ~]]~ no~ice a~...~:~-whether the outgoing
mobilehome resident ~6~pl~ted ~rbfttation in ~ood faith
~~2as to the lncrease
~ .~!e~ ~ suc~ filme as an !ncomln moDllenome
resident receives such not~ce, properly and truly prepared,
then if the outgoing resident did not ~- good faizh exercise
stated ~ove in subsection A, or reach written agreement as
the amour of the space rent for the incoming mobi!ehome
resident, the incoming mobi!ehome resident shall have the
right to =rbitratc ~~[~d~the increase under the
Co
incoming )~obilchomm Rczidcn~ receives thc park
The park owner's statement shall contain the following:
NOTICE - ~ INCREASE IN EXCESS OF CPIi;~O~i
IF YOU DO NOT TAKE ACTION TO AR~.%T~.,__E~ ' A -~, ......... v ~ NNE..~ ~
~.~~;~!.:~"": .............. 7'.~:~:'-~ .............. i ........... ~ ~: ,..' ........... .,:~ .......... ;:'%.~.~ .............. ~'".'!~¢~'"" ..... :~*~:~ .
~~ff~CT~:5~'~"~ S~E OF ZO~ MOBILEHO~
This is a statement of space rent increase which exceeds the
percentage increase of the Consumer Price Index (CPI) for the
twelve (12) month period, as reported by the Bureau of Labor
Statistics, preceding this statem~t. The CPI is % and
unls zncreasee~ ~~:~
o~ % of your current rent. T~zs increase is zn addition
'~ the following allowable pass-throughs: [identify type and
amount of major capitol improvement or other allowable
pass-through].
Under the City's Municipal Code, the outgoing resident has the
first right to a.b~_a~a ~~the rental increase, and
in the event he or sh~~'-'"~o pursue ..b ...... o., such
o completzon,~:th~ z~..o...mzng resident
zlIe for ...... at.on s~::¥~:~:~~,:, ~th e City s Co~z~y
Development Department. In o ~er to ~ ......
~, you mus~ p.ac~ an ......... o.. dope._, c_
~~ ~:~::~zth the City s Co~zty
b'~T'~e*~:'Depa~:~'~en~*"~:w'~Tf~z~'~'~fhirty (30) days of the date
this notice is se~ed on you. If you do not p!aca
~.:~:~~~S~, you forfei~ your right to arbitr:t= ~::
~ ~ '"~t increase.
~= you arc a Iow income (bclo~ $!3,000 $!~,003 per y~_¢, you
may bc c!ig~b!a to receive aasiatancc for part of tka cost of
arbitration from thc "4~ '
~.~y 2 Community Dc¥c!opmcnt Department.
if you kava ~acstion2 rc~arding arbitration or nccd marc
.... orma~_o.., you can call thc City at 69! ~0~7.
If the residents within the affected mobilehome park have
established a representative body and notified the owner in
writing of its existence, a copy of the rent increase notice
must also be sent to the chairperson of that body.
A. copy of th.e., rent increase notice shall be mailed
Avenue, Chula Vista, CA 91910, at 5he same time as issuance
-_he notice to ~::~::.~di!:'~m~ residents.
Thc .... incraaDe notlee must _ ..t i..-~ ~_r~ ~ cf Lll
residents who arc subject to the increase wh .... is abu-.-s 5ks
amo~n= cf thc applicable CPI.
~h,_- a~%'iuc rccipionts that a d_po ..... ~-~-° cf
thc ~oDt of arbitration uha!! bc made ~._,k_n ~:~ .... .... .~ ,30, days
~= thc data of De,icc of notice or thc right .... ~ .... ~-
is waived. Thc deposit ska!! bc made with thc Director nf 5hz
Co~nity Dcvalopmant Department.
9.50.068
N=tices of CPI, Rent Increases and Right to Mediate thc
Purchase Przoc of a Mobllchom~. ~ ~
The CPI is published twice each year by th~ Bureau of Labor
Statistics. The Community Development Department shall mail
to each park owner or their agent the applicable CPI .to b~
as soon as tl~e Community Development Department rece!ves the
applicable CPI from the Bureau of Labor Statistics. Park
owners shall use the CPLfurn~.~shed t2~ t~em b~ the Community
Development Department !~!~iP~en~
notification from the Community Development Department that
the CPI has changed. The park owner shall post, in a
prominent place, the notification from the Community
Development Department so that all residents are aware of the
applicable CPI.
A copy of the notice to residents to increase space rent,
whether or not the increase is above the applicable CPI, shall
be mailed (~~~~ return receipt requested)
to the Community DeveIopmen~ Department, 276 Fourth Avenue,
Chula Vista, CA 91910, at the same time as issuance of the
notice to the residents.
Thc Park O,,~cr shall Dost in a prominent plact, in ihs cn sits
office, thc Notice o~ thc Right to Mcdiatc ~ ~ .... ~ ..... ~-~
~= Mohi!ahome provided in £actlcn 9.50 07{
9.50.070 Initiation of Space Rent Review.
In any ~ituation wkcrc thc
(12) montk period oxcccd
. cum ..... ~c_y thc percentage increase
cf thc consumer price index,
Labor Statlstic3 far thc mo~t recant
_w~_~ .... )montk par!od
prcccdinN 5ha rant increase notice, thc fo!!ow!n~ proccdurco
oh.__ apply ~ulaoo thc o%~ar receives wrlttcn consent to thc
increase from thc affcct~ Rczidcnt(o). Thc o%~cr muot fi!c
o__~.na, of thc %~ittan consent ...... tho Co~ity
Dcva!opmant Department ~d notify ~hc
bccn fi!ad.
Thc Resident shall bc required within thirty (30) days of thc
data of scsi-icc of thc notics of increase to deposit witk thc
~ of thc estimated
City Community Development Department ~=°
arbitration coot for one d~y of arbitration. FJbitraticn
oh~l! bcgln in not Icom th-~r. 20 days nor marc than 30 days
after thc data of sc_-~-icc of thc notice of increase, provided
thc Rcsidcnt'o deposit kao boca made.
upon receipt of thc Raoidant'c deposit and
park stoner, tho par][ o%,~cr shall have 7 bays to provide a
%,.._c.. shall bc aqua! to 75% of thc estimated coot far
one day of arbitration. Thc park owner aka!! sigz an
appropriate docum~nt s'~-bmit%ing thc dispute to a
with making thc deposit.
D. Thc cost of arbitration :--~' ~
..... nd_ng costs incurrod by thc
American ~bltration ADsoclation in casem whore a sc~._omc~.~
" is rcackcd prior to any hearing will be oharod.
Thc o%mcr shall bc rcmponsib!s for 75% ~td thc Resident
responsible for 25% of tko first $750. Any costs of
arbitration above $7~0 shall bc shared ~ ~-- by
~.~aa__~ both
_~artics- Add_~on~_ costs above thc amount ~_~= deposit s..~._
bc duc and payab!a subject tc thc requirement of tho Amorican
~bitration Association.
Thc arbitration shall bc condustcd according to thc ap~!icab!s
~!co of arbitration of thc f~,crican Arbitration Asgociaticn
and under thc~usmzccs- ' __-= thc ~crican Arbitration
Association.
Tko decision of thc arbitrator shall bc advisory tm thc
-13-
..o .................. -~--£-- may
arbitration through the Amcri=zn Arbitration ?~ooociztien, an/
nays their ca~c n .... dzrcctly ky ~hz 2ommLsrion in ~kz firs~
inotancc. Thc arbitrator's ~azisimn zhoul~ bc zubmittc~ ~z
thc Mobi!ehoma Rent Commission ' ~'~ '~ ~ '
.; ....... thirty ,~0, mays from
thc begirt, lng of ~_h ...... o...
The ~rbitrator's duels.ion shall bc s'~_bmlttcd ta '.ha
Mobi!chsmc Rent Commission, w~ ~-~ ' '
....... s.~.__ azfz~, modify,
revoke thc arbitra=or's dcuision at a p~llc hearing held
,i~hin sixty (60) days following such 2'~miusion, · ~=
dccisicn shall thereupon be final. Thc parties may
to mcrc!y a review of thc_~-~--~ at arbitration, ~_ ~:-~
side may rcTacst -"dcnovo" hearing ~" thc Ts~.isrlon. ~= -
danovo hsarlng ~z rc~acs~cd, ~t sha~ ~ be ~on~uc__d
accordance with procedures u~optcd by thc Co~ission whlck
satisfy thc retirements of "duc process" and ": ~ ~
a hearing at which my!dunce ts re.ifad by law, so tkzt thc
Co.louise's decision is rcvicW~!n b}' the courtD by a writ of
adm.n_s__a~.~c ~ndamus pursuit to Code of Civil Procedure
Section
In thc event that the o~mcr reducos the runt
applicable CPI, the arbitration process
terminates.
i~cr=asc to thc
9.50.073 Factors to Co~lsider iz~ Fixing Space Rent
If a proposed rental increase is submitted to either thc
.r~_ .... n Arb ...... o..
pursuant to, tH~. provzs~ons
.......... y ~~shal! de~e~ne ghe
and reaso~'~:i:*~/':"~":~3':j': in doing so, may consider the following
factors:
The need for the proposed rental increase of the space in
order to permit the owner to secure a fair and reasonable
return, when considering the existing rental scheme for all
spaces in the park and all existin~ or expected expenses in
owning and operating the park, on the owner's investment in
the park. A fair and reasonable re~ may be determined by
the Rent 2cvicwin~ AuthoritT ~~[~i~y reference to
industry standards, rzsk of znvestment, or other acceptable
standards.
As
In considering the existing or expected expenses in
ow~n~n and operating ~ne Dark, the
AU ....... y ~i~9~i::~nay conslde_ the following
~'~i!~i~iii~iii[i'[~['ems of expense, the reasonab!'~S
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: to them:
-14-
o
5.
7.
(2)
(5)
(6)
ProperTy or other taxes.
Mortgage or ground rent payments.
Utility costs.
Capisal improvements or rehabilitation work.
Repairs required.
Other operating and maintenance costs
The extent to which the proposed rental increase will cause
reduction in the resale value of the mobilehome.
Changes in the Consumer Price Index for Ail Urban consumers in
the San Diego Metropolitan D~ea published by the Bureau of
Labor Statistics.
Rents lawfully charged for comparable mobilehome spaces in
ourroun~ing ~rkct ; ~' :' :~'~: ~ '~. ~ ..... ' "~ .....
The timing and amount of rents and rent increases for this and
other spaces at the mobilehome park.
The quantity and quality of the improvements and features at
the mobilehome park.
The quantity and quality of sez-vices offered to park
residents.
9.50.075 Fixing of Space Rent.
The rent on any particular mobilehome space shall be fixed as
follows:
ao
In the event that thc tcnant ~~ and an owner reach
agreement, w~th or w~thout the ~Senef~t of mc~i~:~n cr
......... on ~i~~9~!~i~q~i~ithe rent for thc ~-~
shall be Ilxe~at~the~a~d ~on rent at such time as tne
agreement is reached ~less the a~re~.~ent .?thc~wisz provides
lot a dlfferent effective date.~]~
In the event that the ~cnan. ~ and an o~er do not
reach a~reement, and the rent~¥:~n est~lished by the
Co~ission accordin~ to the procedures herein established, the
rent for the pad ~ shall be fixed ag the rental rate so
established by ~:~='~=':'Co~ission as of 5he date of the
~iess ~ne Co~zsszon ~aI2 ~zx a ~zfferen~ ~aCe. However,
~ ...... thc rcr. t has bear. waivad, cr whcr~ ~
Dama~cs cr Trcb!c ~- - ars
~_ma~a~ asocsocd by ~ Co~v.i~ricn, the
Co~ission may not set the rent lower than the pre-existing
rent or higher than ~he amour contained in the Notice of Ren5
increase in excess of CPI.
-15-
Unilateral Refusal to ~__s=
.......... ~-- Parti=ioata in ·
H~fn~iiiii~i~i!!i!iiii!iiii!iIn the event th~!ii!iiCSmmi~sion{;f:i~ds chat the
f~:~{"~e~id~n~i" ~:~ owner fail 'i~ mood faith,
follow fh~:"~'~6:Cedure herein fixed for the establishment cf
rent, which may include but not be limited to refusal
deporit f'~nds as rc~aircd, refusal to attend noticed hearings,
then the rent for the pad Sp~6~ shall be fixed as follows:
1. If the tenant ~} has failed or refused in
_=a:'h_~. to follo~;~:::::;~:~:~:~::;:~rocedures herein fixed for
establishment of rent, then the rent shall be fixed at
the rental rate contained in the Notice of Rentan~r~-s~' ~ ==
in Excess of CPI.
If the owner has failed or refused in good faith to
follow the procedures herein fixed for the establishmen5
of rent, then the rent shall be fixed at original rental
rate not increased by either ~he CPI or the amount
contained in the No~ice of Rent Increase in Excess of
CPI.
Waiver of Fixed Rent. Notwithstanding the aforementioned
mariner in which the rent shall be fixed, a refusal or failure,
accorapanied with the knowingly improper assertion that a
greater rental is due by the owner or his or her agent, to
accept a rent payment from a resident in an amount which is
equal to or greater than the rent fixed by Subsections A, B or
C of this Section shall constitute a waiver by the owner of
the right to collect said rent, in its entirety, for the
rental period for which the ren~ was refused, unless the
tenant consents, in writing, to waive the ~rstcctlsr.~
D~~;i~of this Subsection.
Waiver sf Rent for Fzilure ts Institut~ Lc~a! ?.cticn,
~o~__n~__nd.n9 thc aforementioned mar~.cr in ~ ...............
.h,__ be fi~[cd, a .... u,. to instltutc !cga! acticn within _.
days af~cr a fanta! pa}~cnt ir duc ~h.__ tenet!tuts a wa;var
by thc 9%~T. cr of thc right to ~c ..... said rent, i..~ it-~
entirety, =c~ thc rcnta! period sooner than P0 days ~ricr to
institution cf action," ~ ~ ~
~n_cs ..... tenant consents, in %~ritln~,
to %;airs thc protcctions of this Subsection.
9.50.076 Right to Mediate Mobilehome Resale Price.
As
In line with the purpose of this chapter to maintain a supply
of affordable housing in the mobilehome market, it is the goal
and objective of the City that an outgoing resident should not
be able to command, due to limited mobilehome space
availability, a higher price for a mobilehome upon sale due
to the fact that the space rent is regulated by the provisions
of this chapter. However, the Council finds that the extent
and prevalence of overcharging for mobilehomes is not so
significant a problem in Chula Vista, and that it has !itt!e,
if any, significant effect on the supply of affordable housing
in the City of Chula Vista, to require mobilehome resale
Co
price re~u!ation by the City. The Co~nci! feels that :kis is
due, in part, to permitting CPI increases in rents wi%bout
review. However, on a case-by-case basis, 5here may be
isolated occurrences of overcharging for mobilehomes due to
space rent regulation, and in such event, any abuses can be
adequately addressed by the mediation offered by this section.
The Council further finds that if, after time, it appears that
the mediation process qfferedby this Section is inadeguate to
address the problem, if may reconsider more stringent control
over mobilehome overcharging.
The park owner shall post the following notice in a prominent
place, in the on-site office:
NOTICE OF THE RIGHT TO MEDIATE
TF~ PURCHASE PRICE OF MOBILEHOME
in addition to the right to ........ c ~~i.:~an !ncrease
in.space rent above the appllcable CPf, a potential purchaser
of a mobilehome has the right to mediate the purchase price of
a mobilehome, if you contend that the purchase price is higher
because of space rent regulation than the purchase price might
ordinarily be without space rent regulation.
In order to submit the purchase price dispute, based solely on
the grounds that the purchase price is more than would
ordinarily be without space rent regulation, between yourself
and your potential seller to the Chula Vista Mobilehome Rent
Review Cormmission for non-binding mediation you must:
Extend an offer to purchase the mobilehome, but not
execute an agreement to purchase;
Sign and file with the Community Development Director the
form requesting mediation prior to executing a purchase
agreement; and,
3. Participate in the mediation process provided by the
Mobitehome Rent Review Commission.
If, prior to executing a mobilehome purchase agreement, the
incoming resident contends that the price at which the mobile-
home is offered by the outgoing resident is higher because of
space rent regulation than the price of the mobilehome without
space rent regulation, the incoming resident has the right,
upon tender'to the seller of an offer to purchase the
mobilehome at a price acceptable to the incoming resident, to
submit the price dispute to the Mobilehome Rent Review
Commission for mediation.
Upon submittal of the price dispute to the Mobilehome Rent
Review Commission by the incoming resident, the Commission
shall convene' as soon as D ....... D~a~c~:~:~::to hear the
dispute, not sooner than 10 days not~ce uo the buyer and
seller of the time and place at which the mediation shall
occur. If the Seller fails to appear, the Commission should
hear the complaint, and evidence of the incoming _~=_s_a_.~ '=-? .... =-~
the pu-~pose of creating a record of such abuses, if any.
However, the Commission shall have no power to set the__sa__~= ~=
price of a mobilehome with or without the presence cf the
parties, if thc plrtics fail to mccla~c, or .... tc agrcc
s ..... dccmad revoked.
in mcdia%ion, thc offer to purchasc ~-~ ba
The purpose of the media, tion, and the sole jurisdiction of the
Commission in the mediation, is to get the parties to agree,
if possible, to a price which reflects the value of the
mobilehome as if the space rents in the park were not
regulated by this chapter.
9.50.078 Cr~ ual Acts.
The following acts shall constitute a criminal violation of
this chapter, including the owner of a park if done by an owner's
agent with the knowledge or consent of the owner:
Ac
Knowingly demanding, accepting or retaining any rent in excess
of the amount fixed by this chapter, including the demanding
of rent waived under the provisions of Subsection C of Section
9.50.075, except that demands for annual increases in rent and
negotiations for rent permitted under 9.50.067 B shall not be
deemed illegal.
Knowingly commencing, or threatening to commence, or
maintaining an eviction or unlawful detainer proceeding
against a resident for the failure to pay a rent in excess of
the amount fixed by ~i~i~i~i~th~s chapter.
9.50.080 Mediation of negotiation commissioner's decision.
(Section repealed by Ord 2282 §2, 1988; Ord 2163 §9, 1986; Ord 1997
§1 (part), 1982).
9.50.081 Civil Remedies.
Civil Action. Any person who demands, accepts, receives or
retains any payment of rent in excess of the maximum ren~
allowable by this Chapter shall be liable in a civil action,
including unlawful detainer, to the person upon whom the
demand was made or from whom the rent was accepted eT_
~cccl%cd, ~:~reasonaD_e attorney's fees and costs as
~i~!~i~determ~ne~ ~y the court.
Administrative Action. In the event that citkcr a Rcsidant cr
O',~ncr ha-- a di~putc ~z ~o whctkar a rcnta! ~a~mcnt i0 duc cr
rcnta! pa}~,ant duc as in thc ..... = ~ ....
...... a d_.p.~c ovcr thc ~ropar
cf CPI, cr ~- thc amount of ~" ~ ..... ~ ........ ~
....... ~ ....... ~ D~ma~cs ........
cmDowcrcd tc hcar --~ ~ ~"-. a!! .... ~
_~sc_ .... dlzDutcs, --~ --
appropriatz, rsducc sr waivc futurc rcnta! ~a~cnts ~u5 5k~
ny .... ~ropsr -~mount zf ~crchLrgc Damagms e_ _rahl_
9.50.083 Criminal Remedies.
ao
Any person committing a criminal violation of this chapter
shall be guilty of a misdemeanor. Any person convicted of a
misdemeanor under the provisions of this chapter shall be
punished by a fine of not more than a $1,000 or by
imprisonment in the county jail for a period of six (6) months
in jail or by both such fine or imprisonment.
9.50.085 Arbitration.
(Section repealed by Ord 2306 §! (part), 1989; Ord 2282 §1, 1988).
9.50.090 Deferral of Rent Increases.
(Section repealed by Ord 2451 §8, 1991; Ord 2306 ~1, 1989; Ord 2282
§2, 1988; Ord 2163 §10, 1986; Ord 1997 §1 (part), 1982).
9.50.100 Severability.
If any section, subsection, sentence, clause, phrase or
portion of this chapter is for any reason held invalid or
uaTconstitutional, such portion shall be deemed a separate and
independent provision and such decision shall not affect the
validity of the remainder.
9.50.110 Enforcement.
(Section repealed by Ord 2282 §2, 1988; Ord 2163 §11, 1986; Ord
1997 §1 (part), 1982)
SECTION II: This ordinance shall take effect and be in
_o_c_ on 5he 5hirtieth day from and after its adoption.
Presented by
Approved as to form by
Chris Salomone, Director of
Co~u~.ity Development
full
~.~J~t t o rney
AN ORDINANCE OF THE CITY OF~ VISTA AMENDING
CHAPTER 2.16 OF THE CHU~O\/qSTA MUNICIPAL CODE
ESTABLISHING THE LIBRARY ~ RECREATION DEPARTMENT
ordain as
Municipal
The City Council of the City of Chula Vista does hereby
follows:
SECTION I: That Chapter 2.16 of the Chu!a Vista
Code is hereby amended to read as follows:
Chapter 2.16
~ LIBRRARYAND RECREATION DEPARTMENT7
Sections:
2.16.010
2.16.020
2.16.030
2.16.040
2.16.050
2.16.060
Established-Scope.
Effect on existing -mployees~
Director-Duties and responsibilities.
Director to assume duties and responsibilities of
certain former positions.
Director-L~m~tation on authority and duties.
Parks and Recreation Commission.
2.16.010 Established-Scope.
There is established a park and recreation department which
shall combine thc services and facilities of thc existing park
department and department of recreation. Thc park and recreation
department shall provide services and supervision for all parks,
beaches, boating facilities, golf courses and other recreational
faci!itics which arc presently or may bc in thc future o%~cd and
operated by thc city, under thc direction of a director of parks
and recreation, and as hereinafter provided.
This chapter will establish a library and recreation
department which shall combine the services and facilities of the
existing librarv department and the services and facilities of the
recreation portion of the existing Dark and recreation department.
The library and recreation department shall provide services and
supervision for all !ibrarv facilities, Dark recreation programs,
recreation programs, civic clubs, and other recreational
facilities, as well as coordinatinc with other departments for
short and long rance planning efforts for the development of parks
and recreation facilities, and in any other manner as directed by
the Citv Manacer and/or the Citv Council. The existinc Dark and
recreation department is abolished.
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
2.16.020 Effect on existing employees.
No employee who iu prcucntly was employed and classified in
the prcscntly previously existing park dcpartmcnt and dcpartmant of
and recreation department shall be penalized in any way by reason
of the adoption of this chapter.
2.16.030 Director-Duties and responsibilities.
The Parks Librarv and Recreation Department Shall be under the
supervision of a director of ~-u" library and recreation, who
shall have the following duties and respohsibilities:
A. Act au Dccrctary to thc Parks and, Rccrcation Commission aa
crcatcd by Scction ¢13 of thc /Chartcr, and assist said
Commission in carrying out dutic%'aD provided in Ecction ~1~
of said Chartcr; ~
B. Promulgate and admlniutcr poliqlcs and rcgulationu govc_--ning
usc and pcrmitu for parks a~ rccrcational facilitias au
rccommcndcd ~y thc Phrku and Rccreation Commission, and
adoptcd by thc city council;
~. Establish administrative rules and regulations governing the
administration of the --~--~.~ 1,~braryand recreation department;
Recommend to the Parks and Recreation Commission and to the
city council rules and regulations governing the conduct of
persons using librarY, parke and recreation areas;
Plan, or~anize and direct an adequaEe recreation program and
administer the same;
_Din.. Train and supervise recreational ~ersonnel;
E_~ Prepar9 and submit a dep~rtment ~udget when required;
_F~. Sched~e the use of recreational facilities;
_G~_. Attend meetings of the]youth advisory council and meet with
community groups to !stimulate interest in the city's
recreational program; /
~ and ~~:
I_~. Maintain such recor~ ten r vuch reports as may
be
required by the chief administrative/officer;
K. !tavc responsibility for thc _a~dscaping and maintcnancc
thcrcof of par]z, city utrcct mcdian strips, banks and u!opcu,
and park maintcnancc district arcau;
2
Lo
Providc dircction and assistancc to ~orkmcn cngagad in
plantin~ and carin~ for !aYes, trccs, shrubs and flowcrs on
all city o%~cd propcrty includin~ thc arcas sct forth in thi~
chaptcr;
Havc responsibility for thc rcmoval of any illcgal!y ptaccd
signs found in any park, city strcct mcdian strip~ or park
maintcnancc district arcas or any othcr publicly o%~ad or
dcdicatcd arcas within thc city.
Charge, collect and account to the director of finance the
Required Fee(s) for parks and recreation programs facilities
and services.
2.16.040 Director to assume duties and responsibilities of certain
former positions.
The positions of parc uupsrintcndcnt and dircctor of
rccrcation library director and director of parks and recreation
are abolished, and such duties and rcsponuibilitics as attended
thcsa positions, rcspcctivcly, of director of libraI-v director and
those duties attendinq the position of director of parks and
recreation Dertaininq to recreation shall be merced and attached to
the position created for director of library and recreation, are
mcrgcd and skall bc attachcd to thc position crcatcd for dircctor
of par]cs and rccrcation. The provisions of this section shall be
cumulative to the other provisions of this chapter and irrespective
of such other provisions. Park maintenance functions shall be
transferred to the deDartment of Dublic works. Park Dlannin~
functions shall be transferred to the Dlanninc department.
2.16.050 Director-Limitation on authority and duties.
It is not intended by this chapter to grant any authority to
or impose any duty upon the director ofr__,~_~~-~-- library and
recreation which is invested in or imposed by general law or valid
city ordinance in any other city commission, board, department,
division, service, officer or employee.
2.16.060 Parks ~nd Recreation Co~m{ssion.
Number of Commissioners. The Parks and Recreation Commission,
heretofore established by Section 611 of the Chula Vista City
Charter as a Commission of the city consisting of at least
five (5) members from the qualified electors of the city, is
hereby constituted, pursuant to the authority as contained in
said Charter provision, to consist of seven (7) members in
total, appointed and qualified in the same manner and by the
same procedures currently applicable to the existing
Commission.
3
Transitional Provision3. Terms of thc persons appointed to
fill the council cstab!iohcd positions created by tkio Section
shall begin upon appointment and qualification, and one term,
chosen by lot, shall c~irc June 30, 1991, and thc other term
shall c~irc on Juno 30, 199~, ("Initial Term"). Thereafter,
thc term for these two positions shall bc for four years am
provided by Charter.
The term for each member of the Parks and Recreation
Commission shall be for four years as provided by Charter.
Co
Initial Appointees. Thc person appointed to fill %he Initial
Term hereby established to c~irc on June 30, 1DS1, shall bc
eligible to bc reappointed for two additional full four year
terms upon thc c]~iration of their Initial Term; thc person
appointed to fill thc Initial Term hereby established to
c:~ire on June 30, 199~ ohall be eligible to bc reappointed
for only one additional full four year terms upon thc
c~iration of their Initial Term.
Charter Section 602 Applicable to. Council-established
Positions. Except as herein provided, t~he provisions of
Charter Section 602 shall apply to the two new positions
created by this ordinance.
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day- from and after its second reading and
adoption.
Presented by
Approved as to form by
David Palmer, Library Director
Cl~~orney
4
PROOF OF PUBLICATION
(2015.5 c.o.P.)
This space is for the County Clerk's filing stamp
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and
a resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
Proof of Publicaton of:
__ __cy_ 3. L0.7_6_ .....................................
NOTICE OF ADOPTION OF ORDINANCES
of the printer of the STAR-NEWS, a
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
Chula Vista and the South Bay Judicial
District, County of San Diego, which
r~.,~-,.~ ~ ..... Il, .... -~ .... ,~,~~?-~¢-~-m,~-,,¢,-'~'~-,~,~¢~:.~..?
The ~ ,m~ ·
Direct Payments to: P.O. Box !207, Chula Vista, CA 91912
(619) 427-3000
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVE.
CHULA VISTA, CA 91910
INVOICE & STATEMENT
? '~. 5008
Mall Address:
835 Third Ave., Chula Vista, CA 91911
Date: 6-27-98
Acct. No.
C5175
DESCRIPTION
CV 11076
DATE I INCHESI~..
6/27 14.25
PLEASE RETURN ONE COPY OF STATEMENT WITH YOUR REMI3%ANCE
9.95 141.79
ORD 2734, 2735, 2736. 2737
141.79
FORM SO - 14
CHULA VISTA STAR-NEWS
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
Meeting Date 06~23~98
Resolution /~'~,~/Approving the Fire Station No. 4 Second Deferral
Agreement.
Fire Chief ~.~./~'~ /~_,
Deputy Cit~ Manager~-{/~.(~
City Managel~.~%
(4/Sths Vote: Yes__No X)
The City's current agreement with Rancho Del Rey Investors, L.P. (the McMillin Companies) to
extend the deferral for the advancement of funds for relocating Fire Station No.4 was predicated
upon the City adopting an updated Public Facilities Development Impact Fee Program (PFDIF)
by July 1, 1998. As the PFDIF will not be presented to the City Council for action until after July
1, 1998, an extended deferral agreement is necessary.
RECOMMENDATION: That Council approve the Resolution extending the final date for which
advance funds from McMillin would be due if not otherwise paid pursuant to the terms of the
Second Deferral Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
The purpose of this item is to consider deferring again the obligation of the Rancho del Rey
Investors, L.P. (the McMillin Companies) to advance funds for relocating Fire Station No.4 from
the current site on Otay Lakes Road to the approved site in Rancho del Rey on Paseo Ranchero
north of East ~H~ Street. The original request was to defer the payment until the adoption of the
revised Public Facilities DIF or July 1, 1998, whichever occurs first.
Background
In July of 1995, the City and McMillin agreed upon terms and conditions including financing for
a new relocated fire station in Rancho del Rey (Attachment 'A'). The terms of this agreement
(~Agreement") were memorialized as condition #53.5 in the project's final map supplemental
subdivision improvement agreement, and included a provision for McMillin to deposit with the
City on February 1,1998, an advance of $598,600 adjusted upward for inflation from February,
1996. The funds are for the construction of a 4,000 square foot 2-bay fire station including
furnishings. With, however, the Public Facilities Development Impact Fee Program (PFDIF)
and the 1989 Fire Station Master Plan being updated, the City approved a request by McMillin
to defer the payment of the advance funds until such time as the update to the PFDIF was
complete, or until July 1, 1998, whichever occurred first.
I
Item:
Meeting Date: 6/23/98
Page: 2
PFDIF Update and the Fire Station Master Plan
The revised Fire Station Master Plan has been completed; the PFDIF remains under
preparation by a consultant and is close to completion. W, th the annexation of the Otay Ranch
Western Parcel and a revised fire station system, the Fire Station Master Plan suggests that fire
station needs be addressed differently and more globally through the Fire DIF fee than they
have in the past. This approach, when fully laid out and presented to Council with the Master
Plan, could affect both the amount of the obligation McMillin (as well as other developers) have
for providing fire protection facilities and the timing of those obligations. Although the revised
Fire Station Master Plan has been completed, it is desirable to have it reviewed as part of the
overall PFDIF update. In that way, the new fee for fire-related facilities and equipment can be
properly assessed within the context of the overall citywide fee for public facilities.
For the above-stated reason, it made sense to defer McMillin's February 1,1998 obligation (as
long as it had no negative impact on City fire operations, capital improvement planning, or the
threshold standard) until the City Council received all the necessary information and made a
final policy decision on both the Fire DIF fee and Master Plan updates. That information was
anticipated to be brought forward to Council by July 1, 1998. However, due to a number of
unforeseen factors, the update should be completed sometime early in the new fiscal year.
Consequently, Staff is recommending that the payment be deferred again to permit sufficient
time to finalize the PFDIF, and bring it forward for Council review and subsequent
implementation, as appropriate.
Status/Timing for the Construction of the New Fire Station No.4/and Training Classroom
The project architect is in the process of completing the schematic design for the fire station and
training classroom. The updated project schedule estimates the construction of the fire station
to begin in December '98/January '99; the advance funds from McMillin will need to be available
to the City at that time. The current schedule for the construction of the new Fire Station ff.4 is
such that the deferral is of no consequence.
Terms Under a Revised Deferral Agreement
The following terms have been agreed to by McMillin to make payments against their obligations
with reference to circumstances where the revised PFDIF is adopted, and those where it may
not be ultimately adopted.
On or before July 15, 1998, Developer shall pay to City a lump-sum payment at the rate
of $141 per unit for all building permits which have been issued as of July 1, 1998 for
which no Fire Development Impact Fees (Fire DIF) have yet been paid. (Estimating that
approximately 550 permits will have been pulled by July 1, 1998, this represents
$77,550.)
Developer shall make the following payments to the City if the revised PFDIF is adopted
by the City and if such adoption occurs on or before December 1, 1998:
2a.
Lump-sum payment at the revised Fire DIF rate for all remaining units in Rancho
del Rey SPA III for which permits have been issued and for those which will be
Item:
Meeting Date: 6/23/98
Page: 3
issued pursuant to the Rancho del Rey SPA III Plan and for which no Fire DIF has
been paid subsequent to July 1, 1998. Payment shall be made within 15 calendar
days of the effective date of the revised PFDIF. (Estimating that approximately 401
permits will remain subsequent to July 1, 1998, this represents $87,017.)
Developer acknowledges that this will include a combination of permitted as well
as future-permitted units; and
2b.
The non-reimbursable portion of the Agreement ($125,000) shall be paid on or
before December 15, 1998 with interest accruing from February 1, 1998 at the
City's Pooled Investment Rate, adjusted monthly.
In the alternative, should the revised PFDIF not be adopted by the City on or before
December 1, 1998, City and Developer agree that the final date for payment of the
Advance Amount as referred to in the Deferral Agreement dated February 17, 1998
($647,202 plus interest from February 1, 1998 at the City's Pooled Investment Rate,
adjusted monthly), shall be deferred to December 15, 1998, at which date it shall be paid
in full. Those funds paid pursuant to paragraph 1 of this Second Deferral Agreement shall
be credited against the Advance Amount due on December 15, 1998.
Developer's existing performance bond with the City shall remain in effect until
Developer's obligations as set forth in this Second Deferral Agreement have been
satisfied.
FISCAL IMPACT:
None at this time. The deferral does not change or remove the previously agreed-upon
commitment, nor the amount of the obligation, but allows for its reconsideration at a later date.
Finally, the time frame of the deferral will not affect the ability of the City to proceed with the
completion of the fire station design, preparation of bid documents, or the construction schedule
for Fire Station No.4.
I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRE STATION NO. 4
SECOND DEFERILAL AGREEMENT
WHEREAS, the City's current agreement with Rancho Del Rey
Investors, L.P. (the McMillin Companies) to extend the deferral for
the advancement of funds for relocating Fire Station No. 4 was
predicated upon the City adopting an updated Public Facilities
Development Impact Fee Program (PFDIF) by July 1, 1998; and
WHEREAS, as the PFDIF will not be presented to the City
Council for action until after July 1, 1998, an extended deferral
agreement is necessary; and
WHEREAS, it is necessary to extend the final date for
which advance funds from McMillin would be due if not otherwise
paid pursuant to the terms of the Second Deferral Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Fire Station No. 4
Second Deferral Agreement, a copy of which shall be kept on file in
the Office of the City Clerk as Document No
BE IT FURTHER RESOLVED that
Chula Vista is hereby authorized and
Second Deferral Agreement on behalf of
the Mayor of the City of
directed to execute said
the City of Chula Vista.
Presented by
es Hard[iman, Fire Chief
Approved as to form by
Jotii~ ~M. Kaheny,~z~fCity At~cor~ey~
C: \rs\deferral . fs4
FIRE STATION NO. 4
SECOND DEFERRAL AGREEMENT
This Second Deferral Agreement is made this. day of June, 1998, by and
between the City of Chula Vista, California and Rancho del Rey Investors, L.P., with
reference to the facts set forth below, which recitals constitute a part of this agreement:
WHEREAS, the City of Chula Vista ("Cit~') and Rancho del Rey Investors, L.P.
("Developer") entered into a Supplemental Subdivision Improvement Agreement
("Agreement") on July 5, 1995, whereby Developer agreed to advance funding for Fire
Station No. 4 by a certain date; and
WHEREAS, City and Developer entered into a deferral agreement ("Deferral
Agreement') on February 17, 1998, whereby the Agreement was modified to defer the
advance funding payment for Fire Station No. 4 until July 1, 1998; and
WHEREAS, the parties now wish to extend the deferral period as the revised
Public Facilities Development Impact Fee Program (PFDIF) will not be presented to the
City Council for action until after July 1, 1998; and
WHEREAS, Developer acknowledges that the revised PFDIF may or may not be
adopted by City.
NOW, THEREFORE, City and Developer agree as follows:
On or before July 15, 1998, Developer shall pay to City a lump-sum
payment at the rate of $141 per unit for all building permits which have
been issued as of July 1, 1998 for which no Fire Development Impact
Fees (Fire DIF) have yet been paid.
Developer shall make the following payments to the City if the revised
PFDIF is adopted by the City and if such adoption occurs on or before
December 1, 1998:
Lump-sum payment at the revised Fire DIF rate for all remaining
units in Rancho del Rey SPA III for which permits have been
issued and for those which will be issued pursuant to the Rancho
del Rey SPA III Plan and for which no Fire DIF has been paid
subsequent to July 1, 1998. Payment shall be made within 15
calendar days of the effective date of the revised PFDIF.
Developer acknowledges that this will include a combination of
permitted as well as future-permitted units; and
2b.
The non-reimbursable portion of the Agreement ($125,000) shall
be paid on or before December 15, 1998 with interest accruing
from February 1, 1998 at the City's Pooled Investment Rate,
adjusted monthly.
In the alternative, should the revised PFDIF not be adopted by the City on
or before December 1, 1998, City and Developer agree that the final date
for payment of the Advance Amount as referred to in the Deferral
Agreement dated February 17, 1998 ($647,202 plus interest from
February 1, 1998 at the City's Pooled Investment Rate, adjusted monthly),
shall be deferred to December 15, 1998, at which date it shall be paid in
full. Those funds paid pursuant to paragraph 1 of this Second Deferral
Agreement shall be credited against the Advance Amount due on
December 15, 1998.
Developer's existing performance bond with the City shall remain in effect
until Developer's obligations as set forth in this Second Deferral
Agreement have been satisfied.
2
SIGNATURE PAGE TO
FIRE STATION NO. 4
SECOND DEFERRAL AGREEMENT
iN WITNESS WHEREOF, the parties hereto have caused this Second Deferral
Agreement to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
RANCHO DEL REY INVESTORS, L.P.
A California limited partnership
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to form:
John M. Kaheny
City Attorney
By: McMillin Project Services, Inc.
a California Corporation,
As Attorney-In-Fact under
Durable Power of Attorney
By:
Name:
Title:
By:
Name:
Title:
3
RECORDING REQUESTED BY, AND
WWENI RECORDED MA~ TO:
Ci'l'X' OF CI:ILVLA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance W a
public agency of le.~ than a fee iaterest for which no
cash consideration baa been paid or ~.eived.
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGI~..EMENT (E×cer?~c )
Rancho del Rey SPA Va
~ This Supplemental Subdivision Improvement Ag~'eemeat CAgreement~) is made this
day of '.4tz~/~ , 1995, by and between TE[E CITY OF CHULA VISTA,
Caldorn~ ('Cii~ff~ ol~'Grantee' for recording purposes only) and RANCHO DEL KEY
INVESTORS, L.P., a C~llfomia limited partnership ('Developer' or 'Grantor" for recording
purposes only), with reference to the facts set forth below, which recjtal~ constitute a part of this
Agreement:
A. This Agreement concerns and affects real property located in Cb]]l~ Vista,
Californin~ more partio~flarty described on Exhibit "A' attached hereto and incorporated herein
("Property"). Property is also commonly known as Rancho del Rey SPA ~I, a proposed land
development project ("Project"). For purposes of this Agreement, the term "Project" shall
include the term "Property."
B. Developer is the owner of the Property.
C. City has approved a Tentative Subdivision Map commonly referred to as Rancho
Del Rey SPA ~I, Chula Vista Tract 90-02 ('Tentative Subdivision Map') for the subdivision
of the Property.
D. City has adopted Resolution No. 16222 ("Resolution") pursuant to which it
approved the Tentative Subdivision Map subject m certain, conditions as more parfic.larly
described in the Resolution. The description of the conditions in this recital section of this
Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and
is not intended herein to modify or explain them, and is not intended as a ba~n for interpreting
them.
be rdmbursed by the City for performing such work, as more specifically described in the
condition.
O. Condition 53.5 of the Resolution requires Developer and City, prior to approval
of the first final map for the Project, to enter into a Development Agreement including a promise
satisfactory to the City requh'ing the Developer to advance the costs of relocating, or at City's
option, building and relocating, Fire Station No. 4 to a site satisfactory to the City, in exchange
for which Developer shall be granted certainty of entitlements or other mutually agreeable
consideration.
P.. Condition No. 55 of the Resolution requires Developer, prior to approval of the
first final map for the Project, to enter into an agreement to provide, to the satisfaction of the
City Engineer, a right mm lane at the intersection of Pasco del Rey and ~:.a~t '1t' Street if
cer~in threshold ~ndards in the Growth Management Ordinance are exceeded, as more
specifi~y described in the condition.
Q. Condition No. 56 of the Resolution requires Developer, prior to approval of the
fa~t final map for the Project, to enter into an agreement to provide a park-n-ride fac'flity and
related improvements near the intersection of ~:~t 'H' Street and Pasco Ranchero, or at the
discretion of the City Council, satisfy the requirement of this condition through dedication,
improvements, and/or financial participation in a park-n-ride facility mas~ plan.
1L Condition No. 58 of the Resolution requires Developer, prior to approval of the
~ final map for the Project, to provide a schedule for the development of low income honking
as defined in the agreement between thc City and Rancho del Rey Partnership per City Council
Resolution No. 15751 dated August 7, 1990.
S. Condition No. 61 of the Resolution requires Developer, prior to approval of each
final map for the Project, to enter into an agreement with the City to include the subdivisions
in a Me[lo Roos public fac'difies district or an acceptable alternative financing program, subject
to the approval of both the Cbnla Visla Elementary and Sweetwater High School Districts.
T. Condition No. 62 of the Resolution requires Developer, prior to approval of each
final map for the Project, to enter into an agreement wherein Developer agrees to comply with
that version of the Growth Idanagement Ordinance in effect at the time a building permit is
issued. Such compliance includes but is not limited to the then current l:~t Cbnla Vistlt
Transportation Pba~.qng plan and the adopted Air Qnality Improvement plan and Water
Conservation Plan for Rancho Del Rey SPA
U. Condition No. 63 of the Resolution requires Developer, prior to final map
approval of any phase of the Project or unit thereof to enter into an agreement with the City
whereby:
-3-
done and to grant the consUmction contract to the iowest qualified bidder. The detailed cost
estimates, attached to this Agreement as Exhibits B and C, itemize those costs at~butable to the
removal of the Candlewood and Mission Verde sewer pump stations and exclude any work
attributable to any non-pump subdivision improvement. The estimates are preliminary and
subject to the final clete~fination by the'Director of Public Works upon completion of the pump
improvements. Any claims for additionalpayment for exLt-a work or charges during construction
shall be justified and shall be documented to the ~fisfaction of the Dixector of Public Works.
City agrees that when all work has been completed to the ~fi~faction of the City, Developer
shall submit to City verification of payments made for the cons~'uction of the pump
improvements. The Director of Public Works shall make the final det~afination on expenditures
which are eligible for cash reimbursement.
10. Condition No. 53.5- Fire Station. Ia complete ~fiffaetion of Condition
No. 53.5 of the Resolution, Developer agrees to advance the costs of relocating Fire Station
No. 4, and City agrees to negotiat~ ia good faith with Developer the option to enter into a
Developmeat Agreement to gtaat Developer cer~inty of entitlements, as follows:
a. Developer's Advance Funding of Fire Station Relocation. In
coa~'ide~-~on of the option to obtain vesting of entitlements under a Development Agreement,
Developer to advance the costs of relocating Fire Station No. 4, as follows:
(i) Advance of F'u'~ Station Relocation Cos~. On February 1,
1998, Developer will deposit with City the 'Advance Amount' (as defined below) for the
relocation of F'n'~ Station No. 4 to Rancho del Rey, which shall include the design and
consmmion ora 4,000 square foot, 2-bay fir~ station, ineluding fixtures, fumiahings and relat~
(2) Advance Amount. The amount advanced by Developer (the
"Advance Amount") shall be Five Hundred N'mety Eight Thousand Six Hundred Dollars
($598,600), adjusted anaually on February 1, 1996, February 1, 1997 and February 1, 1998
based on the one-year change (from January to January) ia the 20 City Average building cost
prices recorded ia the National Engineering News Record Conslxuction Cost Index.
(3) '. Security for Advance. Before recordiag the fa'at Final Map
in SPA ~'ff, Developer will provide City with a performance bond ia the amount of Six Hundred
Fifty Thon~nd Dolla~ ($650,000) to secure thc Developer's obligation to deposit the Advance
Amount. City shall immediately rel~cse the performance bond upon Developer's deposit of the
Advance Amount.
(4) Non-reimbursable Amount. One Hundred Twenty Five
Tho-~,~d Dollar~ ($125,000) of the Advance Amount shall be considered consideration for this
Agreement and nhali not be subject to credit or reimbursemenL
(5) PFDIF Credits for Advance. City agrees to partially
reimburse Developer for the Advance Amount by giving Developer credits against the fire
services component of the Public Facilities Development Impact Fee ("PFDIF") payable by
Developer with respect to only SPA Ill. Such credits are herein called 'Fire PFDIF Credits'.
The fire services component o? the PFDIF is ettrreafly One Hundred Forty One
Dollars ($141) for each residential building permit, but the Fire PFDIF Credits shall be in the
actual amount of the fire component of the PFDIF in effect at the time the building permits are
issued. Neither Developer nor any Builder shall be required to pay any fire services component
of the PFDIF for SPA 113[. The Fire PFDIF Credits shall not apply to SPA I or SPA H.
The Fire PFDIF Credits may be assigned by the Developer, in whole or in part,
to any-Builder or to a successor Developer, but ahal! not be deemed tn have been assigned unless
such assignment is specifically made by Developer in writing.
If the PFDIF (or its fire services component) is abolished or materially reduced
after the effective date of this Agreement, the Fn-e PFDIF Credits shall be applied, as
detetm~ed by the greater of the last effective rate of the Fire PFDIF or $141 per unit, to any
fees which replace the PFDIF (or its fire services component).
(6) Reimbursement of B~l~nee of Advance Amount. On or
before January 1, 2002, City ~hall reimburse Develope~ an amount equal to: the Advance
Amount, less the Non-reimbursable Amount, less the total amount of all Fire PFDIF Credits
given Developer (and its assigns). For example, if the Advance Amount is $650,000 and the
total amount of all PFDIF Credits given as of the reimbursement dat~ is $175,000, City shall
reimburse Developer $350,000 ($650,000 - $125,000 - $175,000 = $350,000).
b. Development Agreement. In consideration of Developer's
agreement to advance the costs of relocating Fire Station No. 4, City agrees to negotiate in good
faith with Developer the fight and option, in Developer's sole discretion, but no obligation, to
enter into a Development Agreement to grant Developer certainty of entitlements for the
F~t,gerty. Developer's agreement to advance the funds for the relocation of Fire Station No. 4
would be the City's sole consideration for the vesting of entitlements to be granted by the
Development Agreement. Developer shall have the fight and option, in its sole discretion, to
exclude from the Development Agreement any property which has been acquired by, or is
subject to a purchase or option contract to be acquired by, a third party.
11. Condition No. 55 - Pasco del Rey Right Turn Lane. The fight turn lane
at V:~t "H' Str~ and Paseo del Rey referred to ia Condition No. 55 of the Resolution has
akeady been constructed in connection with the Rancho del Rey Power Center, as shown on the
Improvement and Grading Plans for the widening of ~:a~t 'H' Street and Paseo del Rey,
Phase 2, City of Cbnla Vista work order' numbers PC-946 and PG-485 in ~fiffacfion of
condition No. 55 of the Resolution.
FIRE STATION NO. 4
DEFERRAL AGREEMENT
This Deferral Agreement is made this I~+~q day of
February, 1998, by and between the City of Chula Vista, California
and Rancho Del Rey Investors, L.P., with reference to the facts set
forth below, which recitals constitute a part of this Agreement:
WHEREAS, the city of Chula Vista ("City") and Rancho Del
Rey Investors, L.P. ("Developer") entered in a Supplemental
Subdivision Improvement Agreement ("Agreement") on July 5, 1995,
whereby, Developer agreed to advance funding for Fire Station No.
4 by a certain date;
WHEREAS, Developer now wishes to modify and defer the
funding for Fire Station No. 4 and city will agree with such
deferral.
NOW, THEREFORE, city and Developer agree as follows:
1. Deposit. On July 1, 1998, or upon the adoption by
Chula vista City Council of the revised Public Facilities DIF
(PFFP), whichever occurs first, Developer will deposit with City
the "Advance Amount" (as defined below) for the relocation of Fire
Station No. 4 to Rancho del Rey, which shall include the design and
construction of a 4,000 square foot, 2-bay fire station, including
fixtures, furnishings and related costs.
2. Advance Amount. The amount advanced by Developer
("Advance Amount") shall be Five Hundred Ninety Eight Thousand Six
Hundred Dollars ($598,600) plus that interest accrued up to and
including February 1, 1998, pursuant to Paragraph 10 of the
Supplemental Subdivision Improvement Agreement. From February 1,
1998, up to and including the date of Developer's deposit of the
Advance Amount, such Advance Amount will be adjusted monthly based
on the City's Pooled Investment rate.
C: \Agar \RDRSSIA.Amn
SIGNATURE PAGE TO
FIRE STATION NO. 4
DEFERRAL AGREEMENT
IN WITNESS WHEREO~, the parties hereto have caused this
Deferral Agreement to be executed the day and year first
hereinabove set forth.
THE CITY OF CHULA VISTA
RANCHO DEL REY INVESTORS, L.P.,
a California limited partnership
By:
~Shir~yH~orton, Mayor
By: McMillin Project Services,
Inc., a California corporation,
as Attorney-In-Fact under
Durable Power of Attorney
Attest:
~~th;let
Approved as to form:
JoH~ ~M. Kaheny~
City Attorney
By: .~
Name.
Title:
By:~
Tit~/
C: \AgaI\RDRSSIA.Amn
2
ITEM TITLE:
COUNCIL AGENDA STATEMENT
Item
/ q
Resolution Amending FY 1997-98 budget to transfer funds between
departments in accordance with the budget transfer policy
SUBMITTED BY:
REVIEWED BY:
Budget Manage~
City Manage~
(4/Sths Vote: Yes NoXX)
The Council Policy on Financial Reporting and Transfer Authority requires that all departments
complete the fiscal year with a positive balance in each summary category account (Employees
Services, Supplies and Services and Capital Outlay). In order for all departments to comply with
the intent of this policy, transfers, which are discussed below, are recommended to be approved.
All recommended transfers can be accomplished within existing appropriations.
RECOMMENDATION: That Council amend the FY 97-98 budget by transferring funds to
ensure that all departments will end the fiscal year with no over expenditures in summary category
accounts as required by Council policy.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As part of the quarterly financial status reports and the budget process, all departments projected
their final expenditures for the fiscal year. In comparing the actual budget to the revised
projections, as part of the Third Quarter report, Council was advised of a city-wide savings of
$1,141,820 with an expected additional $150,000 in unidentified savings. While the total savings
is very positive to the City's financial picture, that total includes a combination of both positive
and negative expenditures in all departments. The Council Policy established in January of 1996,
stated that no department shall end the fiscal year with a negative balance in any summary
category.
The chart below details the department, the category of overage and a brief description of each
transfer. The positive amount immediately below the overage is the recommended source of funds
to balance the negative. It is preferable to balance any overages within the same department Where
this is not possible, then a similar category of expense in another department will be used. If none
of these apply, then an amount of savings that will cover the overage will be used.
There are three departments which are projected to exceed their total department authorization,
Page 2, Item
Meeting Date 06/23/98
Administration, Fire, Non-Departmental and Building & Housing. The detail on each of these
overages is listed below.
Administration
The amended budget for Administration, which includes Public Information, is $920,508. This
amount did not take into account the transition of City Managers. The addition of the new City
Manager, the incremental increases in salary and benefit packages and the termination package for
the former City Manager were not considered in the 97/98 budget. It was determined that it would
be more efficient to include these changes in this "clean up" transfer report. The increases, along with
funds needed to refurbish work spaces, have created the need to transfer $34,000 into Employee
Services and $7,000 into Supplies and Services.
Fire
In the last Quarterly Report, it was estimated that the Fire Department may over-expend their budget
by approximately $145,000. Since this time, the department has been able to control expenditures
to reduce this overage to $61,000. The primary difficulty has been overtime, which is contingent on
several factors which are difficult to project. Staffing costs which impact overtime are Hard Holiday
pay, FLSA pay, Injury Leave, Sick Leave, Vacation Leave, Training and Meeting Attendance. The
majority of overtime costs are for backfill for employees who are absent due to Injury, Sick and
Vacation Leave.
The department is projecting to overspend the overtime account by $191,035. This amount,
however, is offset by savings in salaries and benefits of $120,643 resulting from position vacancies.
Combined with other net changes, the Employee Services category is projected to be overspent by
$84,000. This amount is offset by savings in the Supplies and Services category of $22,772, for a
department total of($60,738).
Non-Departmental
The Non-Departmental budget includes funds for issues which cross departmental lines, such as
phone systems, employee benefits and transfers for debt service. In addition, this "department" has
also included a $200,000 net projection of savings city-wide from supplies and services. Since this
negative amount is offset by the savings in other departments, it is anticipated that this department
will always end the year in a negative situation, although at times this has been somewhat offset by
savings in other areas in this budget.
In addition, it is projected that the city-wide spread of Worker's Compensation expenses will exceed
the amount budgeted by $100,000. This increase is based on several Worker's Compensation related
retirements which were only recently determined. This account is difficult to project, as the
expenditures are based on the actual expenses from the last three years and direct costs for program
Page 3, Item
Meeting Date 06/23/98
management.
The total Non-Departmental budget is projected to be over-expended by $300,000 as a result of the
above two issues of expenditure savings and worker's compensation costs.
Building and Housing
The original projections prepared in March by the Building and Housing department anticipated a
department-wide savings of $5,518. The revised projection predicts a year end deficit of $79,276.
At the time of the March projections, the department did not accurately project their historical
expenditures, and those adjustments known to the department for the remainder of the fiscal year.
In addition, the department did not take into account the $20,000 in turnover savings which has been
included in this budget for the previous three years.
The Salary and Wages account is projected to be over-expended by $38,156, which reflects additional
staff costs for partial year funding for two Building and Housing Inspector/Code Enforcement
Officers. While these positions had been in previous budgets, when they were vacated, no funds were
included in the current budget for them and the total position count for this department of 16,25
positions would have been exceeded.
The department requested to fill these positions based on the perceived workload need, and was
unaware that there was no funding for either position. The approval process for requests to fill
positions has not previously included a detailed check of either the position or funding availability.
Staff has implemented a detailed check of both position budgeting and funding availability as part
of the position request process, so that this circumstance will not occur in the future. Since there are
currently very limited links between the Personnel, Payroll and Budget systems, these checks are
completed manually. However, in the new financial system there will be a component to better
facilitate this process.
As a result of the over-expenditure in salaries, the department also exceeded the Retirement and
Medicare accounts ($6,798). In addition to the accounts already mentioned, the Hourly Wages
account was also over-expended by $12,063. This was used primarily for additional clerical support
to backfill for a vacant clerical position. In normal circumstances there is salary savings to offset this
expenditure, however, since the two unfunded positions were hired, any sav'mgs was quickly depleted.
The Building and Housing department generates sufficient revenue to offset most departmental costs.
As such, if it is determined that the workload is increasing to support filling additional positions, the
Department should request additional positions mid-year. This was the case this year, as an additional
Building and Housing Inspector was added for just this reason.
Page 4, Item
Meeting Date 06/23/98
Recommended Transfers
Please note when reading the chart below that all negative mounts represent an over expenditure
which is offset by a positive amount, or savings, listed directly below. The bold lines separate each
recommended transfer.
The following are the major issues and authorizations for transfer:
~~~ __ _ ~ __ .
Administration ($34,000) Employee Services
($7,000)
Finance $34,000
Library $7,000
Building & Housing ($79,276)
Pub. Wks. $79,276
Engineering
Fire ($84,000)
Pub. Wks. $84,000
Engineering
MIS ($500)
MIS $500
Non-Departmemal ($300,000)
Supplies & Services
Employee Services
Supplies & Services
Employee Services
Employee Services
Employee Services
Employee Services
Employee Services
Supplies and Services
Supplies and Services
Police Grants $300,000
Total $0
Supplies and Services
Page 5, Item
Meeting Date 06/23/98
FISCAL IMPACT:
The result of the above actions will not require any additional appropriations as all over-expenditures
can be absorbed by savings elsewhere in the budget.
H:~HOME~DMIN~DAWN~BDCLENUP.WPD
RESOLUTION NO. /~''/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1997-98 BUDGET TO
TRANSFER FUNDS BETWEEN DEPARTMENTS IN
ACCORD~_NCE WITH THE BUDGET TRAiqSFER POLICY
WHEREAS, the Council Policy on Financial Reporting and
Transfer Authority requires that all departments complete the
fiscal year with a positive balance in each summary category
accounts (Employees Services, Supplies and Services and Capital
Outlay); and
WHEREAS, in order for all departments to comply with the
intent of this policy, the transfers set forth in Attachment A are
recommended to be approved; and
WHEREAS, all recommended transfers can be accomplished
within existing appropriations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1997-98 budget to
transfer funds between departments in accordance with the budget
transfer policy as set forth in Attachment "A" attached hereto and
incorporated herein by reference as if set forth in full.
Presented by
Approved as to form by
Dawn Herring,
C: \rs ~budget. xfr
Budget Manager
aheny, City~ey
ATTACHMENT A
Administration ($34,000) Employee Services
($7,000) Supplies & Services
Finance $34,000 Employee Services
Library $7,000 Supplies & Services
Building & ($79,276) Employee Services
Housing
Pub. Wks. $79,276 Employee Services
Engineering
Fire ($84,000) Employee Services
Pub. Wks. $84,000 Employee Services
Engineering
MIS ($500) Employee Services
MIS $500 Supplies and Services
Non-Departmental ($300,000) Supplies and Services
Police Grants $300,000
Total $0
Supplies and Services
COUNCIL AGENDA STATEMENT
Item ///
Meeting Date 6/23/98
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Resolution
City of Chula Vista for Fiscal Year 1998-99
Director of Finance~-~ ~,~,(~
City Managef'-~-(~ '
/~ ~0-~Establishing the Appropriations Limit for the
(4/5ths Vote: Yes __No X .)
Article XIIIB of the California Constitution approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to
establish an Appropriations Limit by resolution each year at a regularly scheduled
meeting or noticed special meeting. The purpose of the limit is to restrict spending of
certain types of revenues to a level predicated on a base year amount increased
annually by an inflation factor.
RECOMMENDATION: That the City Council adopt a resolution establishing an
appropriations limit of $237,973,072 for the 1998-99 fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Article XlIIB of the California Constitution, approved by the voters in 1979, imposed
the concept of spending limits on local governments. This Constitutional provision and
related implementing legislation specifies that annual increases in appropriations
financed from "Proceeds of Taxes" are limited to a~ base year (1978-79) amount
increased annually by an inflation factor comprised of the change in population of the
City combined with the greater of the change in new non-residential construction or
the change in the California per capita personal income. By definition, "Proceeds of
Taxes" includes such revenues as property taxes, sales and use taxes, utility users
taxes, transient occupancy taxes, and state subventions. Revenues from other
sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes"
and are not subject to the annual spending limit. This calculation has always been
perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far
less than the statutory appropriation limit.
Page 2, Item
Meeting Date 6/23/98
The State Department of Finance and the San Diego County Assessor's Office are
charged with providing the data necessary for local jurisdictions to establish their
appropriation limit. According to these sources, for purposes of the fiscal year 1998-
99 calculation, the population increased 3.62% and California per capita personal
income increased by 4.15%. The, new non-residential construction increased 2.68%
but was not used in the formula to compute the limit since this increase was lower
than the increase in per capita personal income.
The fiscal year 1998-99 Appropriation Limit has been calculated as follows:
Fiscal Year 1997-98 Appropriation Limit
9220,508,307
Increased by an inflation factor composed
of the increases in population and California
per capita personal income X
1.0792
Fiscal Year 1998-99 Appropriations Limit
9237,973,072
The "Proceeds of Taxes" as included in the fiscal year 1998-99 Proposed Budget that
are subject to the appropriations limit are estimated to be 937,332,000 (see
attachment). Therefore the City has what is referred to as an appropriation "gap" of
9200,641,072 (9237,973,072 - $37,332,000). Simply stated, this means that the
City could collect and spend up to 9200,641,072 more in taxes during fiscal year
1998-99 without exceeding the Constitutional limit.
FISCAL IMPACT: This action will enable the City to appropriate and spend tax
revenues estimated at $37,332,000 in fiscal year 1998-99.
I
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE APPROPRIATIONS
LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL
YEAR 1998-99 PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution
provides that the total annual appropriations subject to limitation
of each governmental entity, including this City, shall not exceed
the appropriation limit of such entity of government for the prior
year adjusted for changes in population and inflation mandated by
Proposition 4 passed in November, 1979 and Proposition 111 in June,
1990 except as otherwise provided for in said Article XIIIB and
implementing State statues; and
WHEREAS, pursuant to said Article XIIIB of said
California Constitution, and Section 7900 et seq. of the California
Government Code, the City is required to set its appropriation
limit for each fiscal year; and
WHEREAS, the Director of Finance of the City of Chula
Vista has interpreted the technical provisions of said propo-
sitional computations and has reviewed documentation of the City's
said appropriation limitation; and
WHEREAS, based on such calculations the Director of
Finance Administrator has determined the said appropriation limit
and, pursuant to Section 7910 of said California Government Code,
has made available to the public the documentation used in the
determination of said appropriation limit.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista, California that said appropriation limit for
Fiscal Year 1998-99 shall be and is hereby set in the amount of
$237,973,072 for said Fiscal Year.
Presented by
Approved as to form by
Robert Powell,
Finance
Director of
!
Attachment I
APPROPRIATION (GANN) LIMIT GAP CALCULATION
FOR FISCAL YEAR 1998-99
Proceeds of Taxes
Property Taxes
Sales and Use Taxes
Transient Lodging Taxes
Utility Users Taxes
Other Local Taxes:
Real Property Transfer
Business License
State Motor Vehicle Licenses
State Homeowners Property Taxes
Total Proceeds of Taxes
Appropriation Limit
GAP (Under Limit)
F.Y. 1998-99 ProDosed Buduet
$ 9,227,000
15,210,000
1,510,000
3,100 000
450,000
750,000
6,900,000
185,000
37,332,000
237,973,072
($200,641,072)
II- l
COUNCIL AGENDA STATEMENT
Item No. J~"~'
Meeting Date 6/23/98
ITEM TITLE:
RESOLUTION'/,/~'~'~ CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL RUNOFF ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 1998 FOR COUNCIL SEAT 1 AND
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN
DIEGO TO CONSOLIDATE THE SPECIAL MUNICIPAL RUNOFF
ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
SUBMITTED BY:
Beverly A. Authelet, City Clerl~Y~
(4/5tbs Vote: Yes
No X)
At the General Municipal Election held on June 2, 1998, no candidate for Council Seat No.
1 won by a majority, Therefore, it is necessary to call a Special Municipal Runoff Election to
be consotidated with the Statewide General Election on November 3, 1998.
RECOMMENDATION: It is recommended that the City Council approve the Resolution calling
a Runoff Election for November 3, 1998.
BACKGROUND: At the General Municipal Election held on November 3, 1992, the voters
approved a Charter Change which stated that if no candidate received a majority of the votes
cast at a general municipal election, there shall be a special runoff election, to be held on the
same date as the statewide general election date in November immediately following the
general municipal election between the two candidates receiving the highest and second
highest number of votes.
At the June 2nd General Municipal Election, no candidate for Council Seat 1 won by a
majority, therefore, a special runoff election needs to be called and consolidated with the
statewide election scheduled for November 3, 1998.
FISCAL IMPACT: The following has been budgeted in the 1998-99 budget for the June 2,
1998 election and the November 3, 1998 election:
June 2, 1998 Election $43,944
From Candidates (for Candidates Statements) $ 3,430
Total $47,374
November 3, 1998 Runoff Election $19,106
From Candidates (for Candidates Statements) $ 780
Total $19,886
A preliminary invoice for $19,451 has been received from the County for approximately one-
half of the June 2, 1998 election expenses. We will receive the final invoice approximately
mid-July; however, sufficient funds should be available. It is also anticipated that there will
be approximatley 912,000 savings from the November election since we budgeted for three
issues and there will only be one issue on the ballot.
Attach. Resolution
12 -/
!
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OFA SPECIAL MUNICIPAL RUNOFF ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 1998 FOR COUNCIL SEAT
1 AND REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO TO CONSOLIDATE THE SPECIAL
MUNICIPAL RUNOFF ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, under the provisions of the Charter of the City of Chula Vista, a Special
Municipal Runoff Election shall be held on Tuesday, November 3, 1998 for the two candidates
of Seat 1 who received the highest number of votes cast and yet did not receive atotal of fifty
percent plus one at the General Municipal Election held on June 2, 1998; and
WHEREAS, it is desirable that the Special Municipal Runoff Election be consolidated
with the Statewide election to be held on the same date and that within the city the precincts,
polling places, and election officers of the two elections be the same, and that the San Diego
County Registrar of Voters canvass the returns of the Special Municipal Runoff election and
that the election be held in all respects as if there was only one election.
NOW, THEREFORE, THE CITY COUNCIL does resolve, declare, determine, and order
as follows:
Section 1.
That a Special Municipal Runoff Election is hereby called for Council Seat 1 to
be held on November 3, 1998.
Section 2.
That pursuant to the requirements of Section 23302 of the Elections Code, the
Board of Supervisors of the County of San Diego is hereby requested to consent
and agree to the consolidation of the Special Municipal Runoff Election with the
Statewide election on Tuesday, November 3, 1998 for the purpose of
conducting a runoff election for Council Seat 1.
Section 3.
That the San Diego Registrar of Voters is authorized to canvass the returns of
the Special Municipal Runoff Election. The election shall be held in all respects
as if there were only one election, and only one form of ballot shall be used.
Section 4.
That the Board of Supervisors is requested to issue instructions to the County
Registrar of Voters to take any and all steps necessary for the holding of the
consolidated election.
Section 5.
That the City of Chula Vista recognizes that additional costs will be incurred by
the County by reason of this consolidation and agrees to reimburse the County
for any costs.
Section 6.
That the City Clerk is hereby directed to file a certified copy of this resolution
with the Board of Supervisors and the Registrar of Voters of the County of San
Diego.
!
Resolution * * * * *
Page 2
Presented by
Approved as to form
Beverly A. Authelet
City Clerk
ITEM TITLE:
SUBMITTED BY:
A)
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Resolution
Item
Meeting Date 6/23/98
Approving Final Map of Chula Vista
Tract No. 98-01, Salt Creek Ranch, Neighborhood 5A, Accepting
on Behalf of the City of Chula Vista Public Easements Granted on
Said Map within Said Subdivision, and Approving the Subdivision
Improvement Agreement for the Completion of Improvements
Required by Said Subdivision and Authorizing the Mayor to
Execute Said Agreement
B) Resolution /~ff..~'~ Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 98-01, Salt
Creek Ranch, Neighborhood 5A, Requiring Developer to Comply
with Certain Unfulfilled Conditions of Resolution No. 18878 and
Resolution No. 16834 and Authorizing the Mayor to Execute Said
Agreement
Director of Public Works ~
City Manager--~06 ~ '~ (4/Sths Vote: Yes__No_X.)
On October 6, 1992 by Resolution 16834 (Attachment 1), the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 92-02, Salt Creek Ranch. On January 20, 1998,
by Resolution 18878 (Attachment 2), the City Council approved the Tentative Subdivision Map
for Chula Vista Tract 98-01, Salt Creek Ranch, Neighborhood 5A. The subdivision consists of
10.3 Acres, which includes 61 residential lots and 4 Open Space lots.
Attachment 3 is a plat showing location and layout of Chula Vista Tract 98-01, Salt Creek Ranch,
Neighborhood 5A. The Final Map, Subdivision Improvement Agreement (Attachment 4), and
Supplemental Subdivision Improvement Agreement (Attachment 5) for Salt Creek Ranch,
Neighborhood 5A are now before Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The project is generally located on the east side of Lane Avenue and south of Proctor Valley Road
and consists of 61 single family residential lots and 4 open space lots on 10.34 acres.
/3 -/
Page 2, Item
Meeting Date 6/23/98
The final map for said subdivision has been reviewed by the Department of Public Works and
found to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all sewer, drainage, and access easements within the
subdivision.
At this time, the City is rejecting the dedication of Lots A, B, C, and D for open space and other
utility purposes. However, under Section 7050 of the Government Code of the State of
California, these offers of dedication remain open and subject to future acceptance by the City.
These four open space lots will be maintained by the Rolling Hills Ranch Homeowners'
Association (HOA).
The developer has executed a Subdivision Improvement Agreement and has provided bonds to
guarantee construction of the required public improvements and the subdivision monumentation
and benchmarks.
Condition 127 of Resolution No. 16834 requires that the developer comply with the Community
Purpose Facility Ordinance. The developer shall provide areas proposed to show compliance with
said ordinance and obtain approval of said areas from the Director of Planning.
Additionally, the developer has executed a Supplemental Subdivision Improvement Agreement in
order to satisfy the following conditions of Resolution No. 18878, approving the Tentative
Subdivision Map for Chula Vista Tract 98-01, Salt Creek Ranch, Neighborhood 5A:
1. Unfulfilled Conditions ( Attachment 1, Resolution 18878, Condition 1):
The Developer is required to comply with any and all unfulfilled conditions of approval
applicable to the Salt Creek Ranch, Chula Vista Tract 92-02, Tentative Map established
by Resolution No. 16834 approved by Council on October 6, 1992.
2. Installation of Public Facilities ( Attachment 1, Resolution 18878, Condition No. 2):
The Developer is required to install public facilities in accordance with the Salt Creek
Ranch, Public Facilities Financing Plan as amended or as required by the City Engineer
to meet threshold standards adopted by the City of Chula Vista. The City Engineer and
Planning Director may, at their discretion, modify the sequence of Improvement
construction should conditions change to warrant such a revision.
Streets, ROW, Public Improvements ( Attachment 1, Resolution 18878, Condition No.
3):
The Developer is required to design and construct all street improvements in accordance
with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista
Subdivision Manual unless otherwise approved by the City Engineer. Submit for approval
by the City Engineer improvement plans detailing horizontal and vertical alignment of said
streets.
Page 3, Item
Meeting Date 6/23/98
Said improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street
lights, signs, cul de sacs, street knuckles and fire hydrants.
Withholding of Building Permits ( Attachment 1, Resolution 18878, Condition No. 19):
The Developer is required to agree that the City may withhold building permits for the
subject subdivision if any one of the following occur:
Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
The required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or constructed to satisfaction of the City.
The developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works Director.
Defend, indemnify and Hold Harmless ( Attachment 1, Resolution 18878, Condition
No. 20)
The Developer is required to agree to defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or proceeding against the City,
or its agents, officers or employees to attack, set aside, void or annul any approval by the
City, including approval by its Planning Commission, City Council or any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37
of the State Map Act provided the City promptly notifies the subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the
defense.
Erosion Hold Harmless ( Attachment 1, Resolution 18878, Condition No. 21)
The Developer is required to agree to hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting from this project.
10.
Page 4, Item
Meeting Date 6/23/98
Franchised Cable Companies ( Attachment 1, Resolution 18878, Condition No. 22)
The Developer is required to agree to ensure that all franchised cable television companies
("Cable Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision and to restrict access to the conduit to
only those franchised cable television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are in further compliance with
all other rules, regulations, ordinances and procedures regulating and affect'rog the
operation of cable television companies as same may have been, or may from time to tune
be issued by the City of Chula Vista.
Open Space Standards ( Attachment 1, Resolution 18878, Condition No. 23)
The Developer is required to agree to maintain all open space areas in accordance with
standards approved by the City, indemnify the City from any legal action resulting from
said maintenance and to grant said open space lots in fee title, subject to the City's IOD,
to the applicable Home Owners Association.
No Protest of District Formation ( Attachment 1, Resolution 18878, Condition No. 24):
The Developer is required to not protest formation or inclusion in any of the following:
a. District for the maintenance of the Telegraph Canyon drainage channel.
b. Sewer reimbursement district
Street Trees ( Attachment 1, Resolution 18878, Condition No. 30):
The developer shall be responsible for street trees in accordance with Section 18.28.10 of
the Chula Vista Municipal Code and shall be planted in accordance with approved City
Landscape and Irrigation Plans. The use of cones shall be included where necessaEv to
reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way.
11. Open Space Walls ( Attachment 1, Resolution 18878, Condition No. 34):
For walls which are located within the open space, owners of adjoining lots shall sign a
statement when purchasing their homes that they are aware that the wall is on Open Space
property and that they may not modify or supplement the wall or encroach onto Open
Space property. These restrictions shall also be reflected in the CC&Rs for each lot.
Page 5, Item
Meeting Date 6/23/98
12. Chula Vista Municipal Code ( Attachmem 1, Resolution 18878, Condition No. 42):
The Developer is required to comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual.
FISCAL IMPACT: All staff costs associated with processing of improvemem plans and final
map will be reimbursed from developer deposits.
Attachments:
Attachment 1: Chula Vista Tract 98-01, Resolution 18878
Attachment 2: Chula Vista Tract 98-01, Resolution 16834
Attachment 3: Location Map/Subdivision Plat for Salt Creek Ranch, Neighborhood 5A
Attachment 4: Subdivision Improvement Agreement for Salt Creek Ranch, Neighborhood 5A ~t
Attachment 5: Supplemental Subdivision Improvement Agreement for Salt Creek Ranch, Neighborhood 5A ~',~
Attachment 6: Developer's Disclosure Statement
FILE: RHOO1F
H:\HOME~ENGINEER\LANDDEV\CASSCR5A.DEK
June 12, 1998 (l:52pm)
RE O TION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TP~ACT NO. 98-01, SALT CREEK RANCH,
NEIGHBORHOOD 5A, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA PUBLIC STREETS AND
EASEMENTS GP~ANTED ON SAID MAPS WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula Vista Tract 98-01 SALT CREEK RANCH, NEIGHBORHOOD 5A,
and more particularly described as follows:
Being a subdivision of a portion of the South
Half of Section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian as
shown on Record of Survey No. 14064, in the
City of Chula Vista, County of San Diego,
State of California, filed in the office of
the County Recorder of San Diego County on
February 5, 1993.
Area: 10.342 Acres No. of Lots: 65
Numbered Lots: 61 Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the public the public streets, to-wit: Quiet Creek Way,
Whispering Trails Drive, Pepper Glen Way and Oak Knoll Court, and
said streets are hereby declared to be public streets and dedicated
to the public use.
BE IT FURTHER RESOLVED that Lots A, B, C and D are hereby
rejected for Open Space.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for street tree planting and maintenance of
drainage facilities and sewer facilities and the general utility
easement within Open Space Lots A, B and C, all granted and shown
on said map within said subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that said
lots are dedicated for Open Space and other public uses and are
rejected on behalf of the City of Chula Vista and that those
certain easements with the right of ingress and egress for the
construction and maintenance of street tree planting, drainage
facilities and sewer facilities, as granted thereon and shown on
said map within said subdivision is accepted on behalf of the City
of Chula Vista as hereinbefore stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
~ ~~ /~ ~ is hereby approved.
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
John P. Lippitt, Director of
Public Works
C: \rs\saltcree.5a
Approved as to form by
ny,~~Attorney
2
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as th~s is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT A~REEMENT
THIS AGREEMENT, made and entered into this day of
, 199 , by and between THE CITY OF CH ULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
PROPERTIES, a California Corporation formerly known as PACIFIC BAY
HOMES, a California Corporation successor by merger to FN
DEVELOPMENT COMPANY, ALPHA, a California Corporation successor by
merger to FN DEVELOPMENT COMPANY, BRAVO, a California Corporation,
as owner, 2300 Boswell Road, Suite 209, Chula Vista, California
91914, hereinafter called "Subdivider";
WI TNES SETH :
WHERHAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 5A pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18878, approved on the 20th day of
January, 1998 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-143 through 98-152, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $878,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD ~ AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public 'improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FOUR HUNDRED THIRTY-NINE THOUSAND DOLLARS AND NO CENTS
($439,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FOUR HUNDRED THIRTY-NINE THOUSAND DOLLARS AND NO CENTS
($439,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
C£ty of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($9,800.00)
(per private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of oyerhead), and any proceeds from the
improvement security.
!0. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
-4-
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
Mayor of the City of Chula
Vista
ATTEST
City Clerk
SUBDIVIDER:
PROPERTIES
PACIFIC BAY
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
LIST OF EXHIBITS
Exhibit "A"
Exhibit "B"
Exhibit "C"
Improvement Security - Faithful Performance
Form: Bond
Amount: $439,000.00
Improvement Security - Material and Labor:
Form: Bond
Amount: $439,000.00
Improvement Security
Form:
Amount:
- Monuments:
Bond
$9,800.00
Securities approved as to form and amount by
Improvement Completion Date:
City Attorney
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
~: \home\a=torney\ssia\saltcrek. 5A
STATE OF CALIFORNIA
COUNTY OF
personally appeared
, before me,
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person, J~f~vhose name~/is/~,e-
subscribed to the within instrument and acknowledged to me that be/sheJthey executed the same
in ~er/t. be~authorized capacity~, and that by b~fhe..rAbeirsignature~on the instrument the
personJ, a~or the entity upon behalf of which the person(~/~acted, executed the instrument.
WITNESS my hand and official seal.
Title of Document
Date of Document
No. of Pages
Other signatures not acknowledged
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
98-01, SALT CREEK RANCH, NEIGHBORHOOD SA,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NO. 18878
A-ND RESOLUTION NO. 16834 AiXID AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, Pacific Bay Properties, the developer of Chula
Vista Tract 98-01, Salt Creek Ranch, Neighborhood 5A, has executed
a Supplemental Subdivision Improvement Agreement to comply with
Condition No. 127 of Resolution No. 16834 and Condition Nos. 1, 2,
3, 19, 20, 21, 22, 23, 30, 34, and 42 of Resolution NO. 18878.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract 98-01, Salt
Creek Ranch, Neighborhood 5A, a copy of which shall be kept on file
as Document No. ~dD~,~-/~/
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
John P. Lippitt,
Public Works
C: \rs\saltcree. 5a
Director of
Approved as to form by
John~. Kaheny, City A~
13L -I
RECORDING REQUESTED BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
~ove Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SALT CREEK PJ~NCH, CHULA VISTA TPJ%CT 98-01
SALT CREEK RANCH, NEIGHBORHOOD 5A
(Condition 127 of Resolution No. 16834 and
Conditions 1, 2, 3, 19, 20, 21, 22, 23, 24, 30,
and 42 of Resolution No. 18878)
34
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this __ day of , 1998, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee"
for recording purposes only) and PACIFIC BAY PROPERTIES, a
California Corporation, formerly known as PACIFIC BAY HOMES, a
California Corporation successor by merger to FN DEVELOPMENT
COMPANY, ALPHA, a California Corporation successor by merger to FN
Development Company, BRAVO, a California Corporation, as owner
("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
1
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as SALT CREEK
RANCH, CHULA VISTA TRACT 98-01 SALT CREEK RANCH, NEIGHBORHOOD 5A.
For purposes of this Agreement the term "Project" shall mean
"Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Chula Vista Tract
No. 98-01, Salt Creek Ranch, Neighborhood 5A ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution Nos. 16834 and 18878
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolutions. The description of the conditions in
this recital section of this Agreement is intended only to
summarize and paraphrase such conditions in the Resolutions, and is
not intended herein to modify or explain them, and is not intended
as a basis for interpreting them.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breach to which it or any
2
other beneficiaries of this agreement and the covenants may be
entitled.
a. Developer Release on Guest Builder
Assignments. If Developer assigns any portion of the Project,
Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement' provided Developer
obtains the prior written consent of the City to such release.
Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such
request for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees.
If Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied
with the requirements of this Agreement and such partial release
will not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
2. Condition No. 127. In satisfaction of Condition No. 127
of Resolution No. 16834, Developer shall comply with the Community
Purpose Facility Ordinance. The Developer shall provide areas
proposed to show compliance with said ordinance and obtain approval
of said areas from the Director of Planning prior to approval of
the first final map in Phase 2.
3, Condition No. 1. In satisfaction of Condition No. 1 of
Resolution 18878, Developer shall comply with any and all
unfulfilled conditions of approval applicable to the Salt Creek
Ranch, Chula Vista Tract 92-02, Tentative Map established by
Resolution No. 16834 approved by Council on October 6, 1992.
4. Condition No. 2. In satisfaction of Condition No. 2 of
Resolution 18878, Developer shall install public facilities in
accordance with the Salt Creek Ranch, Public Facilities Financing
Plan as amended or as required by the City Engineer to meet
threshold standards adopted by the City of Chula Vista. The City
Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to
warrant such a revision.
5. Condition No. 3. In satisfaction of Condition No. 3 of
Resolution 18878, Developer shall design and construct all street
improvements in accordance with Chula Vista Design Standards, Chula
3
Vista Street Standards, and the Chula Vista Subdivision Manual
unless otherwise approved by the City Engineer. Submit for approval
by the City Engineer improvement plans detailing horizontal and
vertical alignment of said streets.
Said imDr0vements sha}l include, but not be limited to,
asphalt concrete pavement,_ base, concrete curb, gutter and
sidewalk, sewer and water utilities, drainage facilities, street
lights, signs, cul de sacs, street knuckles and fire hydrants.
6. Condition No. 19. In satisfaction of Condition No. 19 of
Resolution No. 18878, Developer agrees that the City may withhold
building permits for the subject subdivision if any one of the
following occur:
so
Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan have
been reached.
bo
Traffic volumes, levels of service, public
utilities and/or services exceed the adopted City
threshold standards in the then effective Growth
Management Ordinance.
The required public facilities, as identified in
the PFFP or as amended or otherwise conditioned
have not been completed or constructed to
satisfaction of the City. The developer may
propose changes in the timing and sequencing of
development and the construction of improvements
affected. In such case, the PFFP may be amended
as approved by the City Planning Director and
Public Works Director.
7. Condition No. 20. In satisfaction of Condition No. 20 of
Resolution No. 18878, Developer agrees to defend, indemnify and
hold harmless the City and its agents, officers and employees, from
any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers,
or employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies
the subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
8. Condition No. 21. In satisfaction of Condition No. 21 of
Resolution No. 18878, Developer agrees to hold the City harmless
from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
4
9. Condition No. 22. In satisfaction of Condition No. 22 of
Resolution No. 18878, Developer agrees to ensure that all
franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Developer
further agrees to restrict.access to the conduit to only those
franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise
and which are in further compliance with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be issued by the City of Chula Vista.
10. Condition No. 23. In satisfaction of Condition No. 23 of
Resolution No. 18878, Developer agrees to maintain all open space
areas in accordance with standards approved by the City, indemnify
the City from any legal action resulting from said maintenance and
to grant said open space lots in fee title, subject to the City's
IOD, to the applicable Home Owners Association.
11. Condition No. 24. In satisfaction of Condition No. 24 of
Resolution No. 18878, Developer agrees not to protest formation or
inclusion into any of the following:
so
District for the maintenance of the Telegraph
Canyon drainage channel.
b. Sewer reimbursement district
12. Condition No. 30. In satisfaction of Condition No. 30 of
Resolution No. 18878, Developer shall be responsible for street
trees in accordance with Section 18.28.010 of the Chula Vista
Municipal Code which shall be planted in accordance with approved
City Landscape and Irrigation Plans.
13. Condition No. 34. In satisfaction of Condition No. 34 of
Resolution No. 18878, for walls which are located within the open
space, Developer shall require o~ners of adjoining lots to sign a
statement when purchasing their homes that they are aware that the
wall is on Open Space property and that they may not modify or
supplement the wall or encroach onto Open Space property. These
restrictions shall also be reflected in the CC&Rs for each lot.
14. Condition No. 42. In satisfaction of Condition No. 42,
Developer shall comply with all applicable sections of the Chula
Vista Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision Map
Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual.
15. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
5
obligation of Condition 127 of Resolution No. 16834 and Conditions
1, 2, 3, 19, 20, 21, 22, 23, 24, 30, 34, and 42 of Resolution
18878.
16. Recording. This Agreement, or an abstract hereof
prepared by either or both. parties, may be recorded by either
party.
17. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
PACIFIC BAY PROPERTIES
2300 Boswell Road
Suite 209
Chula Vista, Ca. 91914
Attn: Liz Jackson
Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire
agreement between the parties regarding the subject matter hereof.
Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
6
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above are
incorporated by reference ihto this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA
DEVELOPER: PACIFIC BAY
PROPERTIES
Mayor
Attest:
By:
[Title]
Beverly Authelet, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
By:
[Name ]
[Title]
\home\attorney\ssia\saltcree. 5a
(Attach Notary Acknowledgment)
7
STATE OF CALIFORNIA ...~. ,
COUNTY OF ~
personally appeared
, before me, .~
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~L~"whose name~._~.~
subscribed to the within instrument and acknowledged to me that.be~s~he.~xecuted the same
in bis/h~er/t, beir authorized capacityJ~"~, and that by bis~her~ signature/~-)-on the instrument the
person. J~) or the entity upon behalf of which the person{s)/' acted, executed the instrument.
WITNESS my hand and official seal.
Signatur~y~.~.~
Title of Document
Date of Document \
Other signatures not acknowledged
No. of Pages '--(
RESOLUTION NO. 18878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS OF THE
TENTATIVE SUBDIVISION MAP FOR SALT CREEK RANCH,
NEIGHBORHOOD SA, CHULA VISTA TRACT NO 98-01
RECITALS
A. Project Site
WHEREAS, the area of land which is the subject ma~ter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, is commonly known as Salt Creek Ranch Neighborhood
5A Tentative Subdivision Map, Chula Vista Tract 98-01; and for purpose of
general description herein consists of 9.42 acres located on the east side of
Lane Avenue just north of the existing Eastlake Business Center within the Salt
Creek Ranch Planned Community ("Project site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on September 9, 1997 Pacific Bay Homes ("Developer") filed a
tentative subdivision map application with the Planning Department of the City
of Chula Vista and requested approval of the Tentative Subdivision Map for
Neighborhood SA, Chula Vista Tract 98-01 in order to subdigide the Project site
into 61 single family residential lots and 3 open space lots ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site is subject to the following: (1)
a General Development Plan, previously approved by City Council Resolution
No. 15875 on September 25, 1990 (GDP); (2) Salt Creek Ranch Sectional
Planning Area (SPA) plan, previously adopted by City Council Resolution No.
16555 on March 24, 1992; and (3) a Tentative Subdivision Map, previously
adopted by City Council Resolution No. 16834 (TSM), Chula Vista Tract 92~02
approved on October 6, 1992; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on December 10, 1997 and voted 7-0 to recommend that the City
Council approve the Project based upon the findings and subject to the
conditions listed below; and
E. City Council Record of Applications
WHEREAS, a duly called and noticed Public hearing was held before the City
Council of the City of Chula Vista 'on January 20, 1998, on the Project and to
receive the' recommendations Of the Plar!ning Commission, and to hear public'
testimony with regard to same.
!
Resolution 18B78
Page 2
II.
Ill.
IV.
NOW, THEREFORE, BE IT RESOLVED that the City council does hereby find, determine
and resolve as follows:
PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on December 10, 1997, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that the Project implements
and falls under the purview of FEIR B9-03 and Addendum FSEIR 91-03 and that no
further environmental review is necessary.
TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map as conditioned herein
for Salt Creek Ranch Neighborhood dA, Chula Vista Tract No. 98-01 is in
conformance with the Salt Creek Ranch General Development Plan, Salt Creek
Ranch Sectional Planning Area Plan and the elements of the City's General Plan,
based on the following:
1. Land Use
The Salt Creek Ranch General Development Plan (GDP) designates the site LM,
Residential Low Medium (3-6 du/ac) with a total of 119 dwelling units at
density of 9 alu/ac. The proposed 61 lot subdivision is well below the allowable
density and permitted number of dwelling units. Therefore, as conditioned, the
project is in substantial compliance with the City's General Plan, Salt Creek
Ranch General Development Plan (GDP) and Sectional Planning Area (SPA) plan.
2. Circulation
All of the on-site and off-site public streets required to serve the subdivision will
be constructed or DIF fees paid by the developer in accordance with the Salt
Creek Ranch Public Facilities Financing Plan and Development Agreement, The
public streets within the Project will be designed in accordance with the City
design standards and/or requirements and provide for vehicular and pedestrian
connections with ad)acent streets and community pedestrian trails.
3. Housing
Resolution No. 15751 adopted by the City Council on August 7, 1990,
acknowledged that the requirement to provide ten p~rcent of the total number
'of units allowed in the Salt Creek Ranqh Planned Community for Iow and
' moderate income households~
Resolution 18878
Page 3
In April 1997, the City Council approved a program and the applicant entered
into an agreement for the provision of affordable Housing within the Salt Creek
Ranch Planned Community. The program outlines the required number of Iow
and moderate income units, the proposed location and the implementation
schedule.
4. Conservation
The Environmental Impact Report FEIR-89-03 and Addendum FSEIR 91-03
addressed the goals and policies of the Conservation Element of the General
Plan. The development of this site is consistent with these goals and policies.
5. Parks and Recreation, Open Space
The Salt Creek Ranch Sectional Planning Area (SPA) plan provides public and
private parks, trails and open space consistent with City policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the proposal meets the City Threshold Standards for
emergency services.
8. Noise
Noise mitigation measures included in the Environmental Impact Report EIR-89-
03 and Addendum FSEIR-91-03 adequately address the noise policy of the
General Plan. The project has been conditioned to rec!uire that all dwelling units
be designed to preclude interior noise levels over 45 dBA and exterior noise
exposure to 65 dBA which in accordance with the City's performance
standards.
9. Scenic Highway
The project is not adjacent to scenic highways.
10~ BicYcle Routes
When the street system in the Salt Creek Ranch was originally considered,
appropriate bicycle lanes were included w!thin the communitY, The private
streets within the project are of adequate w.idth to accommodate bicycle travel
interior to the site. . : ...,:~-:..-. ... :'~ .r~-'' :.
- :'::'; , '~.'- :'" ~':~ ' ' r'.-'*,~. '
I
Resolution 18~378
Page 4
1 1. Public Buildings
No public buildings are proposed on the project site. The project is subject to
RCT fees prior to issuance of building permits.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it hes considered the effect of this approval on the housing needs of the
region and has balanced those needs against the pubEc service needs of the
residents of the City and the available fiscal and environmental resources.
The configuration, orientation and topography of the site partially allows for the
optimum sitting of Jots for passive or natural heating and cooling opportunities
as required by Government Code Section 66473.1.
Do
The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such pro]ects.'
The conditions herein imposed on the grant of permit or other entitlement
herein contained is aj2.proximately proportional both in nature and extent to the
impact created by the proposed development.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
V. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned
on "General Conditions" is hereby conditioned as follows:
An
project site is Improved with Project
Developer, or their successors in interE~st, shall improve the Project Site with
the Project as described in the Master Tentative Map, Tract No. 92-02,
Resolution No. 1 6834 and FEIR 89-03 and Addendum FSEIR 91-03 Mitigation
Measures except as modified by this Resolution.
B. Implement previously adopted conditions of approval pertinent to project.
Developer shall diligently implement, or cause the implementation of, all
mitigation measures pertaining to the Project identified in the Final
Environmental Impact Report FEIR~89-03 and Addendum FSEIR-91-03.
Implement previously adopted conditions of approval pertinent to project
Unless otherwise' conditioned, developer 'shall comply with all unfulfilled
conditions of approval of the Salt Creek Ranch Master Tentative Map, Chula
Vista Tract 92-02, established by Resolution No. 16834 approved by Council
on October 6, 1992, and shall remain ~ compliance with and implement the
terms, conditions, and provisions o~t~e Salt Creek Ranch Sectional Planning
Resolution 18878
Page 5
Do
Area (SPA) plan, General Development Plan, Planned Community District
Regulations, Salt Creek Ranch Water Conservation Plan, Salt Creek Ranch Air
Quality Improvement Plan, Salt Creek Ranch Residential Design Guidelines and
Salt Creek Ranch Public Facilities Financing Plan as amended and as are
applicable to the property which is the subject matter of this tentative map,
prior to approval of the final map for this project or shall have entered into an
agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures,
as the City may require, assuring that after approval of this final map, the
developer shall continue to comply with, remain in compliance with, and
implement such plans.
Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the Salt Creek Ranch
Public Facilities Financing Plan, as amended or as required by the City Engineer,
to meet threshold standards adopted by the City of Chula Vista. The City
Engineer and Planning Director may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision.
Design Approval
The lots shall be developed in accordance with the applicable Salt Creek Ranch
Development Regulations and Design Guidelines. The plans for the residential
project shall be submitted for review and obtain approval under the City's
design review process prior to submittal for building permits.
Project Phasing
If phasing is proposed within an individual map or through multiple final maps,
the Developer shall submit and obtain approval for a development phasing plan
by the City Engineer and Director of Planning prior to approval of any final map.
The phasing plan shall include:
A site plan showing the lot lines and lot r~umbers, the phase lines and
phase numbers and number of dwelling units in each phase.
A table showing the phase number, the lots included in the phase and
the number of units included in each phase.
Improvements, facilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and Director of
Planning.. The City reserves the right to conditionally approve each final map
and require improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Planning Director may at their discretion,.
modify the sequence of improvement construction should conditions change to
warrant such revision(s).
I
Resolution 18878
Page 6
G. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the developer
shall:
GENERAL/PRELIMINARY
Comply with any and all unfulfilled conditions of approval applicable to
the Salt Creek Ranch, Chula Vista Tract 92-02, Tentative Map
established by Resolution No. 16834 approved by Council on October
6, 1992.
Install public facilities in accordance with the Salt Creek Ranch, Public
Facilities Financing Plan as amended or as required by the City Engineer
to meet threshold standards adopted by the City of Chula Vista. The
City Engineer and Planning Director may, at their discretion, modify the
sec~uence of improvement construction should conditions change to
warrant such a revision.
STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
Design and construct all street improvements in accordance with Chula
V~sta Design Standards, Chula Vista Street Standards, and the Chula
Vista Subdivision Manual unless otherwise approved by the City
Engineer. Submit for approval by the City Engineer improvement plans
detailing horizontal and vertical alignment of said streets.
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer and water
utilities, drainage facilities, street lights, signs, cul de sacs, street
knuckles and fire hydrants,
Guarantee prior to approval of the final map, the construction of public
street improvements deemed necessary to provide service to the subiect
subdivision in accordance with City standards.
Submit and obtain preliminary approval for proposed street names from
the Director of Planning and City Engineer. Final approval of street
names shall be by the Planning Commission. Dedicate to public use, the
right of way for all streets shown on the Tentative map within the
subdivision.
6. Street light locations shall be approved by the City Engineer.
Construct five and one half foot (5 ~') sidewalks and construct
pedestrian ramps on all walkways to meet or exceed the 'Americans
with Disabilities Act" standards.
Present written verification to the City Engineer from Olay Water District
that the subdivision will be proyided adequate water service and long
Resolution 18878
Page 7
term water storage facilities, and that the Tentative Map is in full
compliance with all conditions specified in the Revised Otay Water
District Subarea Master Plan For Salt Creek Ranch.
Connect proposed storm drain system to existing storm drain in Lane
Avenue. Connect proposed sewer system to existing sewer in Lane
Avenue.
GRADING AND DRAINAGE
10.
Submit hydrologic and hydraulic studies and calculations, including dry
lane calculations for all public streets.
11.
Provide improved access to all storm drain clean outs or as approved by
the City Engineer.
12.
Submit to and obtain approval from the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
13.
Provide an updated soils report or an addendum to the original document
prepared by a registered engineer, as required by the City Engineer.
14. Design the storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution,
satisfactory to the City Engineer.
15. The property owner shall submit "as built" improvement and storm drain
plans as required by the City Subdivision Manuai. Additionally, the
proper~y owner shall provide the City said plans in a digital DXF file
format.
16. Lot lines shall be located at the top slopes except as approved by the
City Engineer. Lots shall be so graded as to drain to the street or an
approved drainage system. Drainage shall not be permitted to flow over
slopes.
17. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Planning Director.
18. Maximum slope within the street planting easements shall be 5:1 in up
and down conditions.
AGREEMlbNTS
19.
Agree that the. City may withhold building permits for the subiect
subdivision if any one of the following occur:
a. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
I
Resolution
Page 8
20.
21.
22.
23.
24..¸
Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective
Growth Management Ordinance.
The re0uired public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case,
the PFFP may be amended as approved by the City Planning
Director and Public Works Director.
Agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against the
City, or its agents, officers or employees to attack, set aside, void or
annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section 66499.37
of the State Map Act provided the City promptly notifies the subdivider
of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
Agree to hold the City harmless from any liability for erosion, siltation
or increase flow of drainage resulting from this project.
Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide
cable television service to each lot within the subdivision. Restrict
access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and
conditions of the franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
Agree to maintain all open space areas in accordance with standards
approved by the City, indemnify the City from any legal action resulting
from said maintenance and to grant said open space lots in fee title,
subject to the City's lCD, to the applicable Home Owners Association.
Not protest formation or inclusion of the following:
a. District for the maintenance of the Telegraph Canyon drainage
channel. '
b. · Sewer reimbursement district
Resolution 18878
Page 9
OPEN
25.
26.
27.
28.
29.
30.
31.
32.
33.
SPACE/ASSESSMENTS
Grant an Irrevocable Offer of Dedication (IOD) to the City, on the Final
Map for all open space lots within the subdivision. The minimum width
of each open space shall maintain a 10-foot wide landscaped buffer area
behind the back of sidewalk.
Submit a list of all facilities located on open space. This list shall
include a description, quantity and unit price per year for the perpetual
maintenance of all facilities located on open space lots to include but not
be limited to: walls, fences, water fountains, lighting structures, paths,
access roads, drainage structures and landscaping. Only those items on
an open space lot are eligible for open space maintenance. Each open
space lot shall also be broken down by the number of acres of turf,
irrigated, and non-irrigated open space to aid the estimation of a
maintenance budget thereof.
Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the
boundary. Request apportionment and provide a deposit to the City
estimated at $25/unit/district to cover costs.
Grade a level, clear area at least three feet wide, along the length of any
wall abutting an open space district lot, as measured from face-of-wall
to beginning of slope, said area as approved by the City Engineer and
the Director of Parks and Recreation.
Indicate on the grading plans that all walls which are to be maintained
by the Salt Creek Ranch Master Homeowners Association are
constructed entirely within the open space lots.
The developer shall be responsible for street trees in accordance with
Section 18.28.10 of the Chula Vista Municipal Code. The use of cones
shall be included where necessary to reduce the impact of root systems
disrupting adjacent sidewalks and rights-of-way.
A detailed maintenance program, including maintenance schedules of
planting material, irrigation system and all facilities and improvements
within open space areas shall be included in the master CC&Rs and
approved by the City.
Prior to the approval of any final map, the developer shall submit and
obtain approval of a master homeowners association CC&R's by the
City Engineer and Directors of Planning and Parks and Recreation.
All utilities which service open space shall be located within the open
space or within dedicated City right-of-way.
Resolution 1 $878
Page 10
24.
For walls which are located within the open space, owners of adjoining
lots shall sign a statement when purchasing their homes that they are
aware that the wall is on Open Space property and that they may not
modify or supplement the wall or encroach onto Open Space property.
These restrictions shall also be reflected Jn the CC&Rs for each Jot.
35.
Open space lots A, B, and C shall be granted to the Salt Creek Ranch
Master Homeowners Association or the individual project's homeowners
association in fee title subject to the City's Irrevocable Offer of
Dedication,
EASEMENTS
36.
Grant to the City a 10' wide easement for general utility purposes along
public street frontage of all open space lots offered for dedication to the
City.
37.
Grant on the final map a minimum 20' wide easement to the City of
Chuta Vista for construction and maintenance of sewer and storm drain
facilities within Lots 35 and 36,
38.
Grant to the City a 5.5 foot wide street tree planting and maintenance
eesement along all public streets within the subdivision.
MISCELLANEOUS
39.
The Declaration of Covenants, Conditions and Restrictions shall include
provisions assuring maintenance of all open space lots. The City of
Chula Vista shall be named as party to said Declaration authorizing the
City to enforce the terms and conditions of the Declaration in the same
manner as any owner within the subdivision. Should the Developer
decide not to establish a homeowners association to maintain the open
space areas, the Developer shall form a community facility district to the
City's satisfaction.
40.
Submit copies of Final Maps and improvement plans in a digital format
(such as DXF) graphic file prior to approval of each Final Map. Provide
computer aided design (CAD) copy of the Final Map based on accurate
coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate on
5-1/4" HD or $-1/2" disks prior to the approval of each Final Map.
41.
Tie the boundary of the subdivision to the California System - Zone VI
(1983).
VI.
Resolution 18878
Page 11
CODE REQUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL:
Code requirements to be included as Conditions of Approval:
42.
Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
43.
Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
44.
Pay the following fees in accordance with the City Code and Council
Policy:
The Transportation and Public Facilities Development Impact
Fees.
b. Signal Participation Fees.
All applicable sewer fees, including but not limited to sewer
connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Gravity Sewer Fee.
f. Telegraph Canyon Drainage Basin Fee.
45.
The developer shall comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer.
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of
all future building permits, deny, revoke, or further condition all certificates of
occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. No vested rights are, gained by Developer or a successor in interest
by the City's approval of this Resolution.
Resolution 18B78
Page 12
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that any one or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by
Acting Planning Director
Approved as to form by
John/~. Kaheny
City~ttorney
Resolution 18878
Page 13
Exhibit A
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Resolution i 8878
Page 14
Exhibit A
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Resolution 1 ~878
Page
Exhibit A
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Resolution iE87@
Page 16
PAS~ED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January, 1998, by the following vote:
AYES:
NAYES:
ABSENT:
A~STAIN:
Councilmembers:
Counoilmembers:
Councilmembers:
Councilmembers:
Moot, Padilla. Rindone, Salas and Horton
None
None
None
Sh~n, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
l, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby ce~ify that
the foregoing Resolution No. 18878 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chuia Vista City Council held on the 20th day of January,
1998. .
Executed this 20th day of January, 1998.
Beverly AJAuthelet, City Clerk
ATTACHMENT 2
RESOLUTION ND. 16E34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT
CREEK RANCH, CHULA VISTA TRACT 92-D2 AND MAILING 1}lE
NECESSARY FINDINGS, RECERTIFYING SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT SEIR gl-D3 {SCH dBgDg27Z1)
AND READDPTING THE STATEMENT OF OVEI~IDING
CONSIDERATIONS AND THE MITIGATION MONITORING PRDGRAM FOR
THE SEIR
WH-_-'R~Z, the property which is the subje:t matter of this resolution is
identified and described on Chula Vista Tract 92-02, and is cmmonly known as
Salt Creek Ranch {'Property')l and,
WHEREAS, the Baldwin Company filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map known
as Salt Creek Ranch, Chula Vista lra:t g2-02, with the Planning Department of the
City of Chula Vista on June 15, lgg2 {'Project'}; and,
WHEREAS, said application requested the approval for the subdivision of
approximately 1197.4 acres located on buth sides of Proctor Valley Road, east of
the easterly terminus of East H Street, into 2,6Dgresidential lots, open space
areas, two school lots, two parks and two comunitypurpose facility lots; and,
WHEREAS, the development of the Property has been the subject matter of a
General ~velopment Plan {'GDP") previously approved by the City Council on
September25, lggD by Resolution No. 15B75 ('BOP Resolution') wherein the City
Council, in the environmental evaluation of said BOP, relied in part on the Salt
Creek Ranch, General Development Plan, Environmental Impact ReportNo. Bg-D3, SCH
· No. BgDg2721 {'Program EIR Bg-D3"), a program environmental impact reportes same
is defined in CEQA Guideline Section 15168; and,
WHEREAS, the development of the Property has been the subject matter of a
Section Planning Area Plan {"SPA Plan'} previously approved by the City Council
on March 24, lgg2 by Resolution No. 16554 {'SPA Plan Resolution') wherein the
City Council, in the envi.ronmental ~valuation of said SPA Plan, relied in part
on the 'Salt Creek Ranch, Sectional Planning Area (SPA) PlanHnal Supplemental
Environmental Impact Report No. 91-03', SCH No. 89092721 ("SE-IR 91-D3'); and,
WHEREAS, this Project is a subsequent activity in ~he program of
development environmentally evaluated under Program EIR B9-03 and SEIR 91-03 that
is virtually identical in all relevant respects, including lot size, lot numbers,
lot configurations, transportation corridors, etc., to the project descriptions
in said for~r environmental evaluations; and,
WHEREAS, the City Environmental Review Coordinator has reviewed the
proposed Tentative Map and determined that is in substantial conformance with the
SPA .Plan, therefore no new environmental documents are necessary;
Res~lutiDn No..16834
Page 2
WHEREAS, the Plannin.~ Co~ssion held an advertised public hearing on said
project on September 23, lgg2 and recertified SFTR g1-03, voted to recomend that
the City Council approve the Tentative Map in accordance w~th the findings and
conditions listed belo~ and readopted the Statement of Overriding Considerations
and the Mitigation Manitoring Program; and,
· .WHEREAS, the City Council set the time and l~lace for a hearing on said
tentative subdivision map application and notice of said hearing, together with
its purpose, ~as given by its publication a ne~paper .of general circulation in
the City and its mailing to property o~ners within l[.O00 feet of the exterior
boundaries of the property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place es advertised, namely
4:00 p.m., October 6, /gg2, ,in the Council Chambers, 276 Fourth Avenue, before
the City Council and said hearing was thereaf-:er closed.
NOW THEREFORE, THE CZTY COUNCZL fi rids, determines and resol yes u loll ows:
SECTION 2. -CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR Bg-03 and SE2R g]-03, .would
have no new effects that were not examined in the' preceding Program
F_IR 8g-03 and SEIR 91-03 (Guideline 15168 {c)(1); .and,
SECTION 2. CEQA Finding re Project within Scope of l~rior Program E-IR.
The City Council hereby finds that .(1) there ~re .no changns in the
project from the .Program EIR and the '$EZR which would .require
revisions of said reports; (2) no substantial changes have occured
with respect to the circumstances under which the project is
undertaken since the previous reports; (3) and no new information of
substantial importance to the project has become available since the
issuan:e and approval of the prior reports; and that therefore+ no
'new effects could occur or no awe miI~gation ~surns will ;be
required ~n addition to those already ~n existence and current ~ade
a condition for ~roject ~mplementat~on..Therefore, the City Council
approves the .Project as an activ~ty.thst..~s within the scope ~f th&
project covered by-the Program EIR and SEIR, and therefore, ao .new
environmental documents are ~quired (GUi deline 25168{c] {2}].
SECTION 3. Incorporation of All Feasible Mitigation Neasures and Rlternatives.
The City does hereby adopt and incorporate .herein as conditions for
all approvals herein granted all .mitigation masures and
alternatives, if any, which it has determined, by l~he findings rode
in :he &DP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development: Plan and the SPA iP.lan,
respect~ rely. : ~
Resolution No. 16834
Page 3
SECTION A.
Notice with Later Activities.
The City Council does hereby give notice, to the extent required by
law, that this Project is an activity within the scope of the
program approved earlier in the G1)P Resolution and the SPA Plan
Resolution and the Program EIR and SEIR adequately describes the
activity for the purposes of CEQA (Guideline 15168
SECTION
General Plan Findings--Conformance to the General Plan.
Pursuant to Government Code Section 65473.5, in the Subdivision Map
Act, finds that the tentative subdivision map as conditioned herein
for Salt Creek Ranch, Chula Vista Tract no. gg-O2, is in conformance
with all the various elements of the City's Genera) Plan, the Salt
Creek Ranch General I)evelopment Plan and Sectional Planning Area
Plan based on the following:
Land Use - The project is a planned co.unity which provides
a variety of land uses and residential densities ranging
between 1.2 and 17.9 dwel)ing units per acre. The project is
also consistent with General Plan policies related to grading
and landforms.
be
Circulation - All of the on-site and off-site public and
private streets required to serve the subdivision consist of
Circulation Element roads and local streets in locations
requiredbysaidElement. The applicant shall construct those
facilities in accordance with City standards or pay in-lieu
fees in accordance with the.Salt Creek Ranch Public Facilities
Financing Plan.
Housing - The applicant is required to enter into an agreement
with the City to provide and implement a low and moderate
income program within the project prior to the approval of any
Final Map for the project.
Conservation and Open Space - The project provides 452 acres
of open space, 37~ of the total 1197.4 acres. Grading has
been'limited on steep hillsides and gradingplan approval will
require the revegetation of slopes in natural vegetation.
Parks and Recreation - The project will provide a ZZ acre
(gross) coaeunitypark, a 7 acre {gross) neighborhood park and
the payment of PAD fees or additional ~mprovements as approved
by the Director of Parks and Recreation. In addition,
equestrian and recreational trail system~ will be provided
throughout the project, ultimately connecting with other open
space areas and trail system~ in the ~gion.
Seismic Safety - No seismic faults have been identified in the
vicinity of the property.
Public Safety - All public and private facilities will be
reachable within the threshold response times for fire and
poli ce servi cee.
Public Facilities - The applicant will provide all on-site and
off-site streets, sewers and water facilities necessary to
serve this project. In addition, the project is preserving a
potential fire station site. The developer will also
contribute to the Dray Water District's i~rovement
requirements to provide terminal water storage for this
project as well as other major projects in the eastern
territori es.
Noise - The project will include noise attenuation walls .as
required by an acoustic study dated July 15, lgg2 prepared for
the project. In addition, all units are required to meet the
standards of the UBC with regard to acceptable interior noise
Ievel s.
Scenic Highway - The roadway design provides wide landscaped
b~ffers along the two scenic highways, Proctor Valley Road and
Hunte Parkway.
Bicycle Routes - Bicycle paths are provided throughout the
project.
Public Buildings - The project provides a fire station site
and two school sites to serve the area. The project is also
be subject to RCT and DIF fees.
SECTION 6.
Subdivision Nap Act Findings.
A. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the
Council certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents
of the City and the available fiscal and environmental-
resources. The development will provide for a variety of
housing types from single family detached homes to attached
single family and multiple family housing and will provide low
and moderate priced housing consistent with regional goals.
B. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site
partially allows for the optimomsiting of lots for passive or
natural heating and cooling opportunities as required by
Government Code Section 66473.1.
Resolution ND. 16834
Page $
Finding re Suitability for Residential Development.
The site is physically suitable for residential development
and the proposal conforms to all standards established by the
City fur such projects.
SECTION 7.
Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following
conditions, the tentative subdivision map for Salt Creek Ranch,
Chula Vista Tract g2-02 {Unless otherwise specified, all Conditions
and Code Requirements shall be fully completed to the~ity's
satisfaction prior to the approval of the .First.Final Map.' Unless
otherwise~ specified, 'dedicate' means grant the appropriate
easement, rather than fee title):
The developer shall:
General/Preliminary
1. Prepare amendments to the public Facilities Financing Plant
(PFFP) to reflect the modifications to the sequence of de-
velopment as indicated'on Exhibit A (attached) and condition
No. 2 herein and which indicates a reduction in Phase 1 to
1,137 dwelling units by deleting lots/dwelling units in
locations and numbers, subject to the approval of the Director
of Planning and the City Engineer. For purposes of these
conditions, Phases 1-3 cited in these conditions shall be
composed of those neighborhoods or portions of neighborhoods
as indicated on Exhibit .A. (Planning, En§tneer~ng)
Install public facilities in accordance with the Public
Facilities Financing Plan es amended or as required by the
City Engineer to meet threshold standards adopted by the City
of Chula Vista. In addition, the sequence that improvements
are constructed shall correspond to .an~-future East Chula
Vista ~ransportation .Phasing P3an as may be amended in
accordance with the final HNll)SRo12S 'F~nancingStudyadopted
by the City. The City E~gineer and .Planning Oirectormay, at
their d~scretion, med~fy the sequence of improvement
construction should conditions change to warrant such a
revision. (Engineering)
The mitigation measures required before"Final Map approval by
Final Supplem~.ntalEnvironmental Impact Report for Salt Creek
Ranch {FSEIR} gl-~ ~3 are ~6reby ~ncorporated into this
Resolution by reference. ~Any such~asures not satisfied by
a specific condition 'of this' Resolution or by the project
design shall be implemented to the satisfaction of the
Director of Planning. Mitigation measures shall be monitored
via the Mitigation ~onitoring Program approved in conjunction
Page
with the FSEiR. Modification of the sequence of mitigation
shall be at the discretion of the Director of Planning should
changes in circumstances warrant such revisiun.
Unless otherwise conditioned, the developer shall coaplywith,
remain in compliance with, and implement, the terms,
conditions and provisions af the Salt Creek General
Development Plan, Sectional Planning Area Plan, and such
P~er Plan of Reclaimed Water, Urban Runoff Report, Habitat
Enhancement Plan, Master Plan of Sewage, Water Conservation
Plan, the Air Quality Improveme_nt Plan Design Guidelines and
the Public Facilities Financing Plan approved by the Council
{'Plans'} as are applicable to the property which is the
subject matter of this Tentativepap, prior to approval of the
Final Map, or shall have entered into an agreement with the
City, providing the City with such security '{including
recordation of covenants running with the land) and
implementation procedures as the City may require, assuring
that, after approval of the Final Map, the developer shall
continue to comply with, remain in compliance with, and
implement such Plans. Developer shall agree to waive any
claim that the adoption of a final Water Conservation Plan or
Air Quality Plan constitutes an improper subsequent imposition
of the condition. {PZann~ng,
Streets, Riohts-of-Wav and ]~rovements
Provide security in accordance with Chapter 18.16 of the
Municipal Code and dedicate construct full street improvements
for all public and portions of private streets shown on the
Tentative Map within the subdivision boundary or off-site, as
required for each unit or phase. Said improvements shall
include, but not be limited to, asphalt concrete pavement,
base, concrete curb, gutter and sidewalk, sewer reclaimed
water and water utilities, drainage facilities, street lights,
signs, fire hydrants and transitions to existing improvements.
All streets shall conform to the City's Street Design
Standards Policy adopted by City Council Resolution t1534g
unless otherwise conditioned or appr6vedbythe City Engineer.
Construct transitions to existing improveme, nts in the manner
required by the City Engineer. (Eng~neerin£)
Dedicate for public use all th, streets shown on the tentative
map within the subdivision boundary except private streets.
(En£~eer~ng)
Construct or enter into an agreement to construct the
following street improvements prior to the approval of the
corresponding Final Pap for the neighborhoods identified. The
required security shall be provided for each facility prior to
approval of the Final Map for the corresponding neighborhood
or portion thereof. Construction'of appropriate full or
P~ge 7
partial improvements ior each n~ighborhood or portion thereof,
as indi=ated in Matrix A {full) or Matrix B Cpartial} shall be
completed prior to issuance of occupancy pemits for each
affected ueighburhood or portion thereof.
Page
~ 3b, 4b, 5b, 6a
Facility
Deposit cash with the City Engineer to provide security for the future
construction of full street improvements for HunteParkway, including underground
utilities, north of its interse:tion with Street III] to the northerly
subdivision boundary in lieu of constructing said full improvements. The amount
of deposit shall be based on a developer's cost estimate submitted to and
improved by the City Engineer. The deposit shall be paid prior to approval of
the Final Map for Neighborhood 2. Notwithstanding the foregoing, construct a 24-
foot wide paved access road between street '11II" and the northerly subdivision
boundary at the time Hunte Parkway, between Proctor Valley Road and Street
[]III', is constructed, or at such time as the existing access road is removed,
~hichever occurs first. (EngineerinE)
Facility 19:
Provide security for facility~lg (Proctor Valley Road offsite) prior to issuance
of the building permit for the 1138th unit. Complete full grading and construct
two lanes prior to occupancy of the 1756th unit. Constru~ full improvements
prior to issuance of the 2176th building permit.
5 F.,..,~ Valley ~.°
l~aar ¥~-y 1~.
8 Prc~ar Valley
~ 0 ~un~ Pm-kw~y
rage
Pa~e 10
lO.
12.
13.
15.
Provide on the Final Map City rejection of an iffy. vocable
offer to dedicate {/OD) the right-of-way for Hunte Parkway
no~h of Street 'III' in Neighborhood 2. Grant an open space
easement ove.r the balance of the right-of-way within the IOD
subject to the condition that it revert to street purposes if
and when the City later accepts the IOD. (Engi. neerf, n.~)
Provide red curbs and 'no parking' signs to prohibit on-street
parking on Lane Avenue and stripe bicycle lanes.
Provide red curbs and 'no parking' signs to prohibit on-street
parking on the westerly side of Hunte Parkway between Proctor
Valley Road and the southerly subdivision boundary.
(En£~neer~n£)
Design and construct Lane Avenue as a Class I collector.
Requested Waiver 1 is approved subject to co~liance with
parking requirements in Street Design Standard Policy, item
12O, page 12. Requested waivers 2 through 7 as listed on the
tentative map and reduction of the centerline radius of Street
'CCC" to 1SOl eat are hereby approved subject to submission of
a letter from a registered civil engineer indicating that the
results of the waivers requested conform with co~on
engineering practice and standards in consideration of public
safety. (£ng~neer~n£, PZann~n£)
Construct a teJ~porary t~rnaround at the end of any streets
which are not constructed to their full lengths that are
greater than lSD feet in length as measured from the nearest
intersection, except as approved by the City Engineer.
Construct or provide to the specifications or satisfaction of
the City Engineer the following features to all neighborhoods
w~th private streets ~th controlled acc~s devices, sumh as
gates:
a. Gates located to provide sufficient room to queue up
without interrupting traffic on public streets.
b. Turn arounds at the gates.
c. Delineation of border between public street and private
street byenhanced pavement. No enhanced pavement shall be
located within public right-of-way.
Emergency vehicle access.
Install fully activated traffic signals including interconnect
lg.
20.
Page 11
wiring at the following interse:tions:
a. Proctor Valley Road/Lane Avenue
b. Proctor Valley RoadlHunte Parkway
¢. Proctor Valley Road/Duncan Road
d. Proctor Valley Road/Oak Creek Road
e. Proctor Valley Road/Street 'YYYY"
f. Lane Avenue/Dray Lakes Road
g. Hunte Parkway/Dray Lakes Road
Install .underground improveme_nts, standards and luminaries
with construction of street improvements, and install mast
arms, signal heads and associated equipment when signal
warrants are met, as determined .by the City Engineer.
(Engineering)
Install interconnect conduit, pull boxes and pull rope to
connect the traffic signals along Proctor Valley Road within
the subdivision. (Engineering)
Install traffic counting station loops at seven locations
determined by the City Engineer. (£ngtneertng)
Submit to and obtain approval by the City Engineer striping
plans for all major and collector streets simultaneously with
the associated improvement plans. (£n£tneer~n£)
Grant in fee the City a 1-foot control lot at the northerly
terminus of Hunte Parkway and Street 'YYYY' and the southerly
terminus of Duncan Ranch Road. (£n£tneer~ng)
Install transit amenitieson both sidesof Proctor Valley Road
(East 'H' Street) at the following ]ocations, or.appropriate
alternative locations as approved 'by the City Engineer.
a. Proctor Valley Road (East 'H' Stroet)/Hunte Parkway
intersection.
b. Proctor Valley Road (East 'H" Street)/Lane Avenue
intersection
Transit amenities include, but are not limited to benches
and/or shelters, and are subject to the approval of the City
Engineer.
Pay a $1D,ODD cash deposit to the City to fund transit
amenities when required.
21.
24.
25.
Pe_dicate to the City right-of-way at the easterly end of
Street IIII to provide for the future extension of said
street. Said dedication shall extend to the subdivision
boundary the exact configuration and location of which are
subject to approval of the City Engineer and the Director of
Planning. All right-of-way which is mot utilized by the
street to be constructed shall be rejected by the City on the
Final Map. This dedication shall be in lieu of the easement
indicated on the Tentative Map over lot 76, Neighborhood 11
which shall not be shown on the Final Map.
Provide public street access to the noFthero adjacent
properties upon development of Neighborhood 11 by means of
Steer YYY stubbing into said area, as depicted on the
Tentative Map, subject to approval of the City Engineer and
the Director of Planning. Prior to approval of the first
Final Map for Neighborhood 12, the northern adjacent pruperty
owners of record shall demonstrate to the satisfaction of the
City Engineer and Director of Planning that alternate public
street access to the northern adjacent properties can be
reasonably and feasibly constructed by them, at their own
expense, from an economic, planning, environmental,
engineering and legal standpoint. Upon such a showing, the
developer shall provide prqvate easement access up to the
existing dirt roads located at the end of Street M~ and
Street NNNN, by means of Street SSSS, as depicted on the
Tentative Map. (£ng~neer£n~, PZ~nn~ng)
Grant to the City an easement or easements for street tree
planting and maintenance, and landscape buffer areas along all
public streets in the width required ~y the City's Street
Design Standards. F£n~eer~n~)
Acquire and then grant to the City all offsite rights-of-way
necessary for the in~tal)atio~ of required street improvements
for the affected phase or unit, prior lm approval of each
Final Map for each affected phase or unit of the subdivision.
(E~£~neer~)
Notify the City at least 60 days prior to consideration of the
affected Final Map by City, if offsite right-of-way cannot be
obtained as required by Condition 24. {Only offsiteright-of-
way or easemepts affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition).
After said notification and prior to the approval of the
affected Final Map, the developer shall:
Page 13
a. Pay the full cost of acqui~ng offsite right-of-way or
easements required by the Conditions of Approval of the
Tentative Map.
b. i)~posit with the City the estimated cost of acquiring said
right-of-way or eas~nts. The munt of the deposit is
subject to the approval of the City Engineer.
c. Prepare and submit all eas~nt and/or right-of-way
documents, plats and appraisals necessary to comence
condemnation proceedings.
If the developer so requests, the City may -se its power of
eminent domain to acquire ~ght-of-way, ease~nts or i~:enses
needed for offsite i~rovem~nts or work-~lated tn the
tentative ~p." The developer shall pay at) costs, both direct
and indirect incurred i~ said aquisition.
The condition lo construct the related offsi±e i~rovements
which fall under ~he purview of Section 6~62.5 of the State
Subdivision Map ACt are waived in accordance with that section
of the Act, if the City does not acquire or connie
proceedings for immediate possession of the property ~thin
the ~12D day tiao limitation specified in that section.
(£ng~neer~n£)
26.
Widen intersection approaches for Proctor Valley Road/Hunte
Parkway to the satisfaction of the City Engineer.
(£ng~neer~n£)
Construct private streets in accor~lance with the standards
contained ~n the subdivision manual and street design
standards unless otherwise approved by the City Engineer.
Private street cross sections shall conform to those shown on
the tentative map for curb-to-curb width and right-of-way
width, ~ith the exception of the privates trent section for
Neighborhood 13 which shall bare a 48 ft. right-of-waywidth,
and 32 ft. curb-to-curb. (En~neertng)
Provide standard curb'and gutter for alt public streets.
Street sections as shown on the Tentative Map are approved
unless otherwise conditioned. (Engineering)
Sewers
30.
Grant the City fee title to a parcel within ~Fnich the Salt
Cr~ekRanch sewer p~station shal) be located. Design and
construct the sewer p~ station subject to the approval of
the Cities of Chula Vista and San Oiego. ~£ngtneertngJ
Provide security and construct the roi)owing offsite sewer
improveme, nts prior to approval of any FinalMap whichrequires
Page 14
the Easttake sewer pump station on Otay Lakes Road to provide
sewer service:
a. A gravity sewerright-of-way from the southerly subdivision
boundary to the EastLake pump station.
b. Upgrade the EastLake pump station, es determined by the
City Engineer, to provide pumping capacity and emergency
measures to accomodate t~m?orary se~ge flows from Salt
Creek Ranch.
Obtain approval of the desi~ of said improvements from the
City Engineer. (£ng~neer~n£)
31.
Requ~t and. complete incorporation into :he existing sewer
service surcharge district to provide for future maintenance
of the Salt Creek Ranch and ra~tlake pump stations, prior to
approval of the first Final Map of a phase ur unit served by
the Eastlake p~m~ station. Deposit $2,000 to cover costs of
in:orporation. Pay the full cost of said incorporation.
(Engineering)
32.
Provide access to all sanitary sewer manholes via an improved
access road with a minimum width of 12 feet, designed an H-20
wheel load, Dr other loading, subject to the approval of the
City Engineer. (Engineering)
Gradino and Drainaoe
33.
Grade rear or side yard access to all public storm drain
structures, including inlet and outlet structures, and
construct paved access thereto except as otherwise directed by
the City Engineer. (Engtneertn£)
34.
Place all lot lines at top of slope, except in Neighborhoods
g-Ii, where the SPA concept allows for this exception. Final
grading plans and lot line locations shall be subject to
approval of the City Engineer and Directors of Planning, and
Parks and Recreation and the Fire Marshal.
PZann~n£, Parks& Recretrt~on, F~re)
35.
Submit a list of proposed lots indicating whether the
structure will be located on fill, cut, or a transition
between the two situations prior to approval of each Final Nap
for single family residential use. (Engtneertng)
36.
Submit grading proposals for r~view and approval by the City
En~neer and the Directors of Planning and Parks and
Re:reation for consideration of balanced cut and fill, contour
grading, utilization of appropriate soil types, effective
landscaping and re-vegetation where applicable. Grade in
separate phases unless a single phase operation is approved
37.
38.
3g.
40.
41.
42.
43.
Page 1S
with the grading plan. (Engineering, ?Zanntn£, Ports &
Recreut~on)
Provide a letter of permission for grading from SDG&E prior to
any grading within or adjacent to an SDG&E easement or which
would affect access thereto. (£ngtneertn£)
Construct retention/detention facilities as approved by the
City Engineer prior to issuance of grading permits to reduce
the quantity of runoff to an amount equal to or less than
present f~ows for the 100 year frequency storm. (£ngtneertng}
Prepare and obtain approval by the City Engineer and the
Director of Planning an erosion and sedimentation control plan
and landscape/irrigation plans as part of the mass '~rading
plans. (£ng~neer~ng, PZ~nn~ng, P~rks Dad £ecre~t~on)
Obtain notarized letters ofperadssion for all offsite grading
prior to issuance of a ~rading permit for work requiring said
offsite grading. (£n£zneertng)
Accomplish the following prior to approval of a Final Map for
any unit or phase which requires drainage detention and/or
filtration basin{s}:
Prepare a maintenance program including a schedule and a
financing mechanism for said detention and/or filtering
basins. Said program shall be subject to approval of the
City Engineer.
b. Enter into an agreement with the City of Chula Vista and
the State Department of Fish and game wherein the parties
agree to implement the basin ~intenance program.
(£ng~neer£ng)
Provide a comprehensive Best Management Practices (BMPs) study
regarding off-site drainage satisfactory t o the,City Engineer
and the City of San Diego's Water'Utilities Oirector prior to
approval of any Fioal I~ap in Neighborhoods g-13. Install all
facilities as rec~nded in the ~-~udyand shall imkolement a
maintenance · district for these ' drainage facilities,
satisfacto~ to the Water Utilities Director. (Engtneer£ng)
I)esign the storm drains and other drainage facilities to
include E44Ps to minimize non-point source pollution,
satisfactory to the City Engine? an? the City of San Diego
Water Utilities Director. (£ngzneerzn~
Present evidence to the satisfaction of the City Engineer that
an agreement has been reached between the developer and the
City of San Diego Water Utilities Director to provide for the
protection of the reservoirs from urban pollutants prior to
I
Page 16
the approval of any Final l~aps, i~lementing permits, or
issuance of any grading permits in Neighborhoods 9-13. Such
measurement shall include, but not be limited to ensuring BMPs
for sto~ater and/or urban run~ffincluding erosion :ntrol.
(En£~neer~n£)
Water
45.
Gain approval by the City Engin~r and the~ay Water District
{DWi) of a Master Plan of Water for Salt Creek ~anch prior to
approval of any Final Map. This plan shall include a
dis:ussion of i~lementation and phasing, and participation in
the water allocation program and TSF financing for this
project and other projects in the OW1) I4a~ter Plan service
area. (Eng~neering,.OWD)
46.
Determine the exact locations for the proposed pump. station
and reservoir to serve the 12g6 Zoneprior to approval of the
first Final Map requiring said faciliti~.
PZ~n~n£,
47.
Annex the project site to the DWD into Improvement District
No. 2_2, or establish a new i~rovement district for the
project area prior to approval of any final map. Obtain
written verification from DWD at each phase or unit of
development that the tract or parcel will be provided adequate
water service and long term water ~-torage facilities.
(En~(neer~ng, OWB)
48.
Make consistent with the Water Conservation Plan for Salt
Creek Ranch dated October 1991 water conservation measures for
roadside landscaping and landscape maintenance subje~to the
approval of the Director of Planning. FPZmnntn£,
Reclaimed Water
Enter into an agreement with DWD'to co,,,it to use ofreclaimed
water at the earliest possible date so that OWD can ensure
that an adequate supply is available prior to approval of any
Final Map. Make all r~claimed water :se c~nform to the
applicable regulations of Chula Vista, Regional Water Quality
Control Board and the State Departme. nt of ~ealth.
Pay all costs incurred from retrofitting the reclaimed water
system, ~en reclaimed water become, s available. Determine the
amount of said deposit, subject to City approval, and pay said
deposit prior to approval of each associated Final Map.
51. · Install reclaimed water lines as outlined in the Public
Page 17
Facilities Financing Plan at such time as the' road
improvements are constructed or the City Engineer determines
that the facilities are necessary to provide a link to a live
system.
Fees/Payments
52. Pay the following fees:
a. Spring Valley Sewnr Trunk connection fees ($130/acre) and
Frisbee trunk sewer fee prior to Final ~ap approval for any
phase or unit thereof contributing flow to the Spring
Valley Trunk Sewer.
b. lelegraph Canyon drainage fees in accordance with ordinance
2384 prior to Final .Map approval for any phase or unit
tributary to said basin. (£ngtneer~ng}
53.
Deposit $5,0D0 to provide for the first year's maintenance
costs prior to approval of the Final .Map of any phase or unit
which requires the Salt Creek Ranch p,-? station to provide
sewer ~ervice. (£n£~neer~ng)
A~reements/Covenants
54.
Enter into and execute an agreeme, nt to fund the project's fair
share of a park-and-ride facility to be located in the
vicinity of the East H Street and SR-125 interchange.
(En££neer£ng)
55.
Enter into an agreement with the City for each phase or unit
thereof, whereby:
a. The developer agrees the City may withhold occupancy
permits for any units in the subject subdivision if any one
of the following occur:
(])
Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan have
been reached.
Traffic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold
standards.
b. The developer agrees that the City.my withhold building
permits for any of the phases of deve]opment identified in
the Public Facilities Financing.Plan (PFFP) if the required
public facilities, as identified in the PFFP or as ame_nded. ·
or otherwise conditioned bare not been completed or
constructed to satisfaction of the City. The property
owner may propose changes in the timing and sequencing of
Pa~e 18
56.
57.
58.
60.
61.
62.
development and the constru:tion of improvements affected.
in such case, the PFFP mey be amended as approved by the
City Planning Director and Public Works Director.
{Engineer£n£, PZ~nnin£~
The developer shall agree to comply with the r~quirements of
the revised Eastern Chula Vis~a Transportation Phasing Plan
and Transportation Development Impact Fee Program or as said
documents may be revised based on the conclusions of the
H.N.T.B. 'State Route 125 financing study. (£n£ineertn£)
Enter into an agreement with the City agree._ing not to protest
fo~tion of a district -for the maintenance of landscaped
me-dians and parkways along steers within and adjacent to the
subject property prior to approval of any Final Map which
includes those facilities. (£n£ineerin£)
Enter into an ~greeme_nt to defend, indemnify and hold harmless
the City and its agents, officers and n~loyees, from any
claim, action or proceeding against the City, or its agents,
of~,Scers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Co~ission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision
provided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition that
the City fully cooperates in the defense. (E~£fneerf~}
Enter into an agreement with the City wherein the City is held
harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
Develop an interim urban runoff manageme_nt plan and agree to
install required facilities to protect the water quality of
the OtayLakes prior to approval of any Final Map for any lot,
unit or phase which drains to the Otay Lakes drainage basin,
subject to the satisfaction of the Cities of Chula Vi~a and
San Diego and the State Office of Health Services.
(Eng~neerin£)
Agree to participate in funding the development of a
comprehensive Otay Lakes watershed manageme, nt plan and to pay
a fair share of the construction cost of long term facilities
as may be determined by said plan. Enter into and exe~,,te an
agreement with the Cities of Chula Vista and San Diego and the
County of San Diego wherein the parties agree to implement the
management plan, said to be executed prior to Final Map
approval for any lot, unit or phase which drains to the Dray
Lak~ drainage basin. {En£tneertn~}
Obtain permission from the City to deposit sewage in a foreign
basin and enter into an agreement wherebythe City shall agree
Page 19
to such transfer, and the circumstances under which said
permission may be revoked. (En£~neer~ng)
63.
Enter into an agreeaent and provide appropriate security to
guarantee ~he ability to restore the sewer systems' reserve
capacity to thatwhich currently exists, on a length-by-length
basis, for sewage diverted into the Telegraph Canyon Basin.
(£ng~neer~ng)
Agree 'to participate in the monitoring of existing sewage
flows in the Telegraph Canyon Trunk Sewer and, pursuant to any
adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner.
Execute said agr~ee?_nt prior to Final Map approval f~r any
phase or unit thereof proposing to discharge .sewage into
Telegraph Canyon trunk sewer. (£n££neertng)
65.
Enter into an agree~.nt with the City to participate in
funding of the offsite Salt Creek Sewer Interceptor.
(£ng~neer~ng)
66.
Enter into an agreement with the City to insure that all
franchised cable television companies {'Cable Company') are
permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision prior to
the approval of .Final Maps for each phase or unit. Restrict
access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are
in further compliance with allother rules, regulations,
ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been,
or may from time-to time be issued by the City of Chula Vista.
(En£ineering)
Public Parks and Trails
67.
Prepare, submit and obtain Director of Parks and Recreation
approval,, for a recreation needs analysis~hich identifies the
demand 5or various park facilities, to ensure that the parks
are equipped to eeet theexpressed needs of the coBunity.
(Parks and Recreatton)
68.
Prepare, submit and obtain Director of Parks and Recreation
approval of a comprehensive Master Plan for the open space
system, recreation trails and parks which shall include, but
not be limited to, phasing of the installation of facilities
in accordance with the recreation needs analysis.
The Master Plan shall reflect:
a. More precise location, size and configuration of parks,
I
69.
recreation and equestrian trails and fen:lng than indicated
on the Tentative Map.
A multi-use bridged trail crossing of Salt Creek to the
coat,unity park in Phase 1 to create an e~st/west link over
Salt Creek.
The extension of equestrian and recreation trail systems to
the eastern property boundary on the south side of Proctor
Valley Road.
Pedestrian walkways from cul-de-sac ends on Streets DD, FF,
and GG designed with open ends along Proctor Valley Road
west of Hunt, Parkway to the walk system adjacent to
Proctor Valley Road.
All open space access points shall have a minimum of 10 ft.
clear vehicular surface, with an additional 2 ft. clear on
either side of any vertical obstructions.
f. Determination of the open space distri~ parcel boundaries
and maintenance responsibilities.
An equestrian-style fence adjacent to the !0 foot
~creation trail along the north side of the C~nity
Park, adjacent to Proctor Valley Road, and continuing along
the trail at the east side of the park to the point where
the trail enters the park.
Extension of the recreation trail within lots K and L
adjacent to EastLake, along the southerly property line of
Neighborhood 4d, along the westerly property line of said
Neighborhood {future San Miguel Road), and the w~terly
edges of the Neighborhood Park and the Fire Station site.
This trail shall be a minimum of 10 f~t in width and
provide maintenance vehicle access to each adjacent
open-ended residential cul-de-sac.
All aspects of w6rk in the open space network and the park
sites shall comply with all approved landscape and
i~;gation standards.
Tn, design, and installation and improvement of the
parks/open spaces shall be in accordant, with th, standards
set forth in the City Landscape Manual as may be amended
from time to time. (ParEs and Recre=:tono PZann~ng,
~_ng~neertng)
Prepare agreement{s} to phase the parks as follows:
a. Complete construction of the portions of Proctor Valley
Road and Duncan Ranch Road necessary to access the parking
7D.
71.
lot driveway of the community park shall be constructed.
These streets shall be constructed prior to the completion
of the initial 12.D acre phase of the coamnunity park. The
streets shall be to the satisfaction of the City Engineer
and the Director of Parks and Recreation.
The initial 12 net usable acres of the Community Park shall
be dedicated in fee and improvements commenced prior to or
concurrent with the recordmtion of the Final Map for the
5g2nd lot in Phase 1. Complete constructinn of all the
facilities required for tbe first 12 acres of the community
park within oneyear following the recordation of the Final
Map for the 5g2nd lot.
The remainder of the Community Park (8.23 net usable-acres,
10 gross acres) shall be dedicated in fee and improvements
co--need prior to, or concurrent with the recordation of
the Final Map for the ]447tb lot. Complete construction of
all the facilities required for the remeining'lO acres pf
the community park within one year following the
recordation of the Final Map for the ]447th lot.
The Neighborhood Park (5.71 net usable acres, 7.1 gross
acres), shall be dedicated in fee and improvements
commenced prior to the recordationof the Final Map of the
22DOth lot. Complete construction of all the facilities
required for the neighborhood park within one year
following the recordation of the Final Map for the Z2ODth
lot.
ee
At no time is the project to be deficient in park acreage.
If the standard of 3 acres per lOOO residents is exceeded
at any time, then the next phase of the community park or
the neighborhood park shall begin immediately.
Dedicate all required parkland (Z2 gross .acres, Community
Park, 7 gross acres, Neighborhood Park) and park improvements
inaccordancewi~h tbe MasterPlan and construction documents
prepared pursuant toCondition73as 'turn-key" projects. The
Director of Parks and Recreation shall have the right of final
approval in the selection process of the general contractor
for both of the park sites. (Porks ondRecreo:tonJ
Prepare, submit and obtain approval from the City Engineer,
and Directors of Planning and Parks and Recreation for the
design of the Greenbelt undercrossin9 of Proctor Valley Road
at Hunte Parkway where indicated on the Tentative Map. The
undercrossing shall have a minimum dimension of 15 ft. in.
height.andZ3 ft. in width, as indicated on Exhibit No. 103 in
the SPA Plan and the design shall .be approved prior to any
Final Map for Phase 2. (Porks Dod Recreation, £ngtneertng,
PZanntng)
Page 22
72.
Locate underground, surface or overhead easements off-site of
either park site, except for the necessary and required
easements for the on-site park and recreation facilities.
(P=rb ond Rect~=t~on, En£~neer~n£)
73.
Enter into a Chula Vista standard three party agreement with
the City of Chula Vista and a design consultant, for the
design of all ~spects of the neighborhood and community parks
in accordance with the Master Plan ~hereby the Parks and
Re_~reation Director selects the design consultant. The
agreement shall include, but not be limited to, the design
development phase, the construction document phase and the
construction supervision phase for the park sites. The
co~-¢truction documents shall reflect the then current
requirements of the City's Code/Manual re. quirements. (P~rks
=nd Recre=t~on)
74.
Prepare the Final Map in accordance with Exhibits B and C, to
i ndi cate:
a. The modification in size and configuration to the comunity
park as set forth in the Master Plan.
b. Dedication in fee of the community and neighborhood parks
in corrected configuration.
c.-Grading of the sites in accordance with the revised grading
schemes as indicated on Exhibits B and C.
Recreation)
Street Yree__s/Onen Soace
75.
Grant ~ll open space lots to the City in f~ on the applicable
Final Map and a deed executed and recorded for each lot.
(Engineering)
76.
Submit a schedule outlining the proposed turnover of
mintenance for open space areas to the City, subject to
approval of the Directors of Planning Parks and-Recreation.
.(PZoT~n~ng, Par~s; Recreation)
77.
Submit a list of open space items to be maintained and a rough
estimate of maintenance costs to allow City staffto determine
a p~liminary cost and spread for the open space district.
(£n.c~neer~n£, P~rk$ & Recreot~on)
78.
Request that the City form an Open Space District to maintain
public Open Space lots and submit to the City the associated
diagram, cos: estimate, description of work and a deposit of
$8,ODD for processing the formation of the district.
(Engineering, P~r~s & Recreation)
Page 23
79.
SD.
B2.
85.
Gain approval of a:cess to all of the open space areas for
maintenance purposes by the Directors of Parks and Recreation
and Planning, Fire~arshal and City Engineer during the Open
Space Master Plan stage as indicated in Condition 68. FPorEs
& Recreotton, PZonn~n£, Fire, £ng~neer~n£)
Provide a 10 ft. wid~ access path for maintenance vehicles in
the greenbelt open space area {lots D-B through G-8) bisecting
Neighborhoods 1 & 2. Final landscape materials and design for
this area shall be consistent with open space criteria,
subject to approval of the Director of Parks and Recreation
prior to approval of the final subdivision map for Subarea 1.
(ParEs & Recreation)
Prepare, submit to and obtain approval of the Dire~ors of
~arks and Recreation and Planning and the Fire Marshal, prior
to approval of final grading and landscape plans for Phase 3,
of final details of habitat enhancement, protective measures
for sensitive habitat/species and temporary irrigation in open
space areas within Phase 3. (P~r~s & Recreation, PZann~ng,
£~re)
Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be
constructed entirely within open space lots dedicated to the
City. (PZonn~n£, En£tneer~n£)
Dedicate Lots A through HH to the City for open space
purposes. As biological habitat, lots Z and CC through GG
shall generally be restricted from any use except that access
roads to serve the SDG&E transmission towers and the drainage
retention ponds shall be permitted. In addition, in
accordance with Condition .?_2, a road providing access to
northerly adjacent properties maybe permitted subject to the
approval of the Director of Planning and the City.Engineer.
(PZann~n£, Engineering)
Establish Homeowners Associations for Neighborhoods 5 (Lot
g3}, 8, 12 and 23 to provide for the maintenance of private
open space and streets prior t o the approval .of Final ~ps for
said ~eighborhoods, subject t o the approval of the Director of
Planning. (PZanntng)
Submit a comprehensive landscape plan for review and approval
of the City Landscape Architect and Director of Parks and
Recreation prior to approval of the first Final Map. Submit
comprehensive, detailed landscape' and irrigation plans,
erosi on control plans and detailed water management gui del ines
for all landscape irrigation in accordance with the Chula
Vista Landscape Manual for the associated landscaping in each
Final Map. These detailed landscape and irrigation plans
shall be for the review and approval of the City Landscape
Architect and Director of Parks and Recreation prior to the
approval of each Final Map. The landscaping format within the
proje~ shall be in substantial :onfor-~ance with Section 3.2
(Landscape Con:ept) of the Salt Creek Ranch SPA.
Parlc~ & £ecre~t~on)
86.
Maintain a width on all open space lots adjacent to public
r~ghts-of-way so as to provide 10 feet of landscaping
treatment behind the back of sidewalk. (PZann~n£)
87.
Include in the CC&R's that the maintenance of all private
facilities and improveme, nts within open space areas are
managed by home_ owners associations. Submit to and gain
approval of said CC&Rs by the Director of Planning prior to
approval of the associated Final Map. (Plann~n£}
Fire and Brush Manaoement
88.
Provide the initial cycle of fire management/brush clearance
within lots adjacent to natural open space areas in Subarea 3
subject to approval of the Fire Marshal and the Director of
Parks and Recreation. (F~re, Parks &
Install fire hydrants every 500 ft. for single family
residential and every 30D ft. for multi-family dwellings.
In,all and make operable the hydrants prior to delivery of
combustible building materials. (F~re)
gO.
Locate fuel modification areas in Subarea 3 entirely within
affected lots. Indicate lot line extensions required to
accommodate ~aid areas on the Final Map{s) of Subarea 3,
subject to the approval of the City Engineer, Fire Marshal,
and Director of Planning. (Eng£neer~n£, F~re, PZann~ng)
gl.
Dedicate to the City open space easements (DSE) over all
downhill side or rear slopes adjacent to Open Space lots Z, AA
and CC through GG in Subarea 3. These DSE's shall preclude
the construction of any structures within said easements and
shall limit a~vities within the easements to landscape
maintenance of fuel modification plant materials. The wording
of the OSE's shall be subject to the approval of the Director
of Planning and the City Attorney. (PZ~rm~n~,
g2.
Prepare and exe=ute fuel modification plans consistent with
Se~ion 3.6 of the Salt Creek Ranch SPA subject to the
approval of the Directors of Planning and Parks and Recreation
and the Fire Marshal prior to approval of any Final Map in
Subarea 3. (PZann~ng, F~re, Parks & Recreat~on~
Offer lot FS-1 (fire station site) for dedication in fee to
the City prior to or concurrent with the recordation of the
first Final Map in Phase 2.
Page
94.
Provide fire prevention facilities and equipment, including
the construction of a firestation, if required, in accordance
with the Salt Creek Ranch Public Facilities Financing Plan.
Provide or secure said facilities and equipment in accordance
with a scbedul~ as approved by the Fire Chief.
Miscellaneous
Include in the Declaration of Covenants, Conditions and
Restrictions provisions assuring maintenance of private
facilities including the private streets, sewer, and drainage
systems. Name the City of Chula Vista as party to said
Declaration authorizing the City to enforce the terms and
conditions of the Declaration in the same manner as any owner
within the subdivision. (£ng~neer~ng, PZ~nn£ng) '~
g6. Tie the boundary of the subdivision tut he California System -
Zone V] (lgB3]. (£ng[neer£n£)
g7~
Submit copies of Final Maps in a digital format such as (DXF}
graphic file prior ~o approval of each Final Map for any unit.
Provide computer aided Design (CAD} copy of the Final Map
based on accurate coordinate geometry calculations and submit
the information in duplicate on 5 1/2 HDfloppy disk prior to
the approval of each Final Map. (Engtneer~n£)
Agree to participate in a regional or subregional multispecies
coastal sage scrub conservation plan prior to the approval of
the first Final Map. (PZann£n£)
Suspend development of Neighborhood 1Db and reconfigure the
northeastern Subarea 3 neighborhood to provide a wider open
space area for a regional wildlife corridor if, .at the time
development is proposed for Neighborhoods lOa, lob, and 11, an
off-site regional wildlife corridor linking San Miguel
Mountain with the Upper Otay Reservoir 'has not been approved
as part of a habitat conservation plan. ~ake the .width of the
open space area sufficient.to ensure long-term viability of
the wildlife corridor,*as indicated in the SPA Plan (PCMgI-4}
subject to the approval .of' the :_Director of Planning.
(PZannin~)
100.
Submit and gain approval by the Design Review Committee
Precise Plans for the ,~,ltiple family area within
Neighborhoods 4a {reference lot ]) and 5 {reference lot g3) at
gross densities of 18 dwelling units per acre and 6 dwelling
units per acre respectively. (PZann~ng)
lO].
Provide sales disclosure documents which identify the
allowable uses in the Eastlake Business Center, subject to
review by the Director of Planning prior to the approval of
Final Maps in Neighborhoods 5 and 6. (PZanntng)
Page 26
!02.
103.
104.
105.
106.
1D7.
1D8.
!09.
Mitigate noise i~acts on the residences along Proctor Valley
Road by the placement of solid walls or w~ll/berm co~inations
on the building pads at the top of the slopes adjacent to the
roadway. The walls shall be solid masun~ constru~ion with
a material weight of at least 3.5 pounds per square foot which
would not allow any air spaces along their entire length. The
end of each noise wall shall wrap around the building pad
enough to block the line of sight from all points in the
exterior living space to any portion of the i~acting roadway.
Indicate on the grading plans for Neig~orhoods 1, 3, 7B and
8 said walls in compliance with the Salt Creek Ranch SPA SEIR,
subject to the approv, al of the_ City Engineer and the Director
of Planning. (PZ=nnzng, £n£~neer'f. ng)
Retain a qualified biologist/environmental specialist to
oversee the construction of Proctor Valley Road, Hunte Parkway
and the reservoir and associated-waterline and to monitor the
implementation of the mitigation measures related to
Biological Resources as required by City Council Resolution
16-~5-Mitigation Monitoring Program. (PZ=an~ng)
Retain a qualified archaeologist to monitor the imple_mentation
of the mitigation measures relative to Cultural Resources
required by the City Council Resolution 1655S-Mitigation
Monitoring Program. (PZ~nn~ng)
Provide the proposed list of fertilizers, pesticides,
herbicides and fungicides, and the landscaping plans to the
City of San Diego Water Utilities Depa~,ent for approval
prior to approval of any Final Map in Neighborhoods g-13.
Submit for approval by the Director ~f Planning and the City
Engineer copies of propo~edCC&Rs for the subdivision prior to
approval of each Final Map. (?Zann~ng, En£~neer~ng}
Design and i~rove lot A-3 in Neighborhood 3 {private park)
subject to the approval of the Director of Planning. Design
the park prior to the 'approval of any Final ~p
Neighbo~od 3 and i~rove the park concurrently with the
imme_diate surrounding area, as determined by the Director
Planning.
Design and improve lots D-8 through G-8 in Neighborhood 8
{private recreation area) subject to the approval of the
Director of Planning. Design these areas prior to the
approval of any Final Map in Neighborhood B and i~rove the
areas concurrent with the i~ediate surrounding a~a as
required by the Director. (PZann~ng)
Show evidence satisfactor7 to the Director of Planning that
the CC&R's for Neighborhood 12 include a statement that
110.
111.
112.
113.
1t4.
115.
116.
required by the Director. (PZann~ng)
Show evidence satisfactory to the Director of Planning that
the CC&R's for Neighborhood 12 include a state, hr that
Streets I~ and NNNN may be required to provide access tD
roads which provide access to properties to the north, prior
to the approval of any Final Map for Neighborhood 12.
(PZ~nn~n~, En~neer~n£)
Reserve lots S-1 and S-2 (School sites) for schoD1 purposes tD
be offered for dedication in fee to the Chula Vista City
Elementary SchDol District in accordance with a schedule as
indicated in a Mello-Roos Coaa~nity Facilities District, as
approved by the School District, which shall be established tD
the satisfaction of the District. {PZann~ng) ~
Establish and participate in a school facilityfinancingplan
as well as providing classroom space as required by the
Sweetwater Union High School District. Provide a letter from
the District verifying compliance with this condition.
(PZDnn~ng)
Reflect on the Final Map for Neighborhood7Bthe provision of
a minimumsetback of 1DO feet between lots 103 and 104 and the
northerly right-of-way line of Proctor Valley Road.
Accomplish this setback by deleting said lots and shortening
Street FFFF accordingly or by rearranging lots along said
street to provide the required setback, subject to the
approval of the Director of Planning. (£Zanntn£J
Enter into an
subject tO the
Affordable Housing Agreement with the City
approval of the City Council.
Submit to the Director of Planning and gain approval by the
City Council of all street names for this project. (PZDnn~n£j
Note 10 on Sheet 3 of 8 regarding quitclaiming of a right,of-
way dedication is denied unti] such time as the City Engineer
and the Director of Planning determine that said right--of-way
is not ~equi~ed to provide access to~he subject property or
adjacent property. (Engf. neer~ng, PZ.onn~ng)
Prepare an amendment to the Salt Creek Ranch Mitigation
Monitoring Program to requiresubsequent environmental review
to be conducted on the urban runoff detention basins in Phase
3 when the final configuration of said basins are determined.
Should this environmental review result in tberequirement for
measures to mitigate any perceived environmental impacts, such
measures shall be incorporated into ~he revised Mitigation
Monitoring Program, subject to the approval of the Director of
Planning.
m
i17.
llB-
!!9.
120.
Code
121.
122.
123.
124.
125.
126.
Refie:t on the Final Map for Neighborhood g the deletion of
one lot from the north side Df Street kAAA and consolidation
of the remaining lots to create larger lots subject to the
approval of the Director of Planning. (PZann[n~)
Retqect on the Final Map for Neighborhood g the deletion of
two lots from the east side of Street CCCC (Neighborhood g)
and :onsolidation of the remaining lots to create larger lots,
subject to the approval of the Director of Planning.
ReTqect on the Final Map for Neighborhood 13 the deletion of
one lot from the west side of Street RRRR south of Lot 33 to
expand open space lots B-13 and C-13, subject to the approval
of the Director of Planning.
.Pay off all existing deficit accounts
processing of this application to the
Pi,-e~or of Planning. (PZann~n£)
~sociated with the
satisfaction of the
Reouirements
Comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance 'an
Subdivision Manual. {£ngtneertn£, PZanntn£)
Underground all utilitieswithin the subdivision in ac:ordance
with Municipal Code requirements. (En£~neer~£)
Provide some lots with residential fire sprinkler systems due
to access requirements as determined by the Fire Marshal. In
multi-family dwellings, if a sprinkler system is required for
one building, all buildings in the project shall be
sprinklered. (F~re)
Make all proposed development consistent with the Salt Creek
Ranch SPA Planned Co~unity District Regulations, subject to
the approval of the Director of Planning. (PZanntn£J
Comply with Title 24 and any other energy conservation
ordinances and policies in effect at the time construction
occurs on the property in conformance with this Tentative Map.
(B~tZd£n£ and Mousing, PZann~ng~
Comply with all relevant Federal, State and Local regulations,
including the Clean Water Act. The developer shall be
responsible for providing all required testing and
docume-ntation to demonstrate said compliance as required by
the City Engineer.
Page gg
127.
Comply with the Co.unity Purpose Facility Ordinance. The
developer shall provide areas proposed to show compliance with
said ordinance and obtain approval of said areas from the
Director of Planning.
128. Pay the following fees in accordance with the City Code and
Council Policy:
a. The Transportation and Public FacilitiesDevelopment Impact
Fees prior to the issuance of any building permit.
b. Signal Participation Fees
c. School fees '
d. All applicable sewer fees, including but not limited to
sewer connection fees
Pay the amount of said fees in effect at the time of issuance
of building permits. (Engtneertng)
failing any of which conditions, or failing the continued
maintenance of same as the condition may require, this conditional
approval and any entitlement accruing hereunder, shall, following a
public hearing by the City Council at which the Applicant or his
successor in interest is given notice and the opportunity to appear
and be .heard with regard thereto, be terminated or modified by the
City Council.
SECTION B.
CEQA Findings
(1) Re-adoption of Findings.
The Council does hereby re-approve, accept as its own, and re-
incorporate as if set forth full herein, and make each and
every one of the CEQA Findings attached hereto as Exhibit
Certain Mitigation Measures Feasible and Re-dopted.
As more fully identified and set forth in the Program EIR and
the SEIR, and in the.CEQA Findings for this Project, which is
hereby attached hereto as Exhibit D, the Council hereby finds
that pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 1SOgl, that the mitigation measures
described in the above teleran:ed document are feasible and
will )ecome binding upon the appropriate entity such as the
Applicant. the City, or other special districts which has to
implement these specific mitigation measures.
I
(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 are
hereby found not to be feasible.
(4) Adoption of Mitigation Monitoring Program.
.Asrequiredbythe Public Resources Code Se:tion 21081.6, City
Council hereby re-adopts the Mitigation Monitoring and
RepoSing Program {'Program') set forth as Exhibit E to this
resolution and incorporated herein by reference as set forth
in full. The City Council recommends that the Council find
that the Program is designed to ensure that during the project
implementation and operation, the Applicants and other
responsible pa~ies implement the project components and
comply with the feasible mitigation measures identified in the
Findings and in the Program.
(5) Statement of Overriding Considerations.
Even after the re-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 re-issues, pursuant to CEQA Guidelines Section lSOg3, as
set forth and 'attached hereto, a Statement of Overriding
Considerations identifying the specific economic, social, and
other considerations that render the unavoidable significant
adverse environmental effe~s still significant but
acceptable.
SECTION 9. Notice of Determination.
City Council directs the Enviroumental Review Coordinator to post a
Notice of Determination and file the same with the County Clerk.
Presented by
Robert A. Letter'
Director of Planning
A~as to Iiby
PASSEI), APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 6th day of 0:tober, 1~g2, by the following vote:
YES: Coun¢ilmembers: Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilme_mbers: Malcolm
ABSTAIN: Councilmembers: None
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. 16834 was duly passed, approved,
and adopted by the City Council held on the 6th day of October, 1992.
Executed this 6th day of October, 1992.
Beverly A. Authelet, City Clerk
,
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ATTACHMENT 3
C)
~o~
~m
--a0
I
Kecording Requested by:
CiTY CLEP~
~Xnen Recorded, Mail to:
CiTY OF ~=?JLAVISTA
276 Fourth Avenue
~nula Visma, Ca. 91910
ATTACHMENT 4
No transfer tax is due as this is a conveyance
ns a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION I~IPROIrEMEATT AGREEME1TT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CBq3LA VISTA, a
~nicipal corporation, hereinafter called "City", and PACIFIC BAY
PROPERTIES, a California Corporation formerly known as PACIFIC BAY
HOMES, a California Corporation successor by merger to FN
D~LOPMEA~ COMPA~IY, ALPHA, a California Corporation successor by
merger to FIg DEVELOPMENT COMPANY, BRAVO, a California Corporation,
as owner, 2300 Boswell Road, Suite 209, Chula Vista, California
91914, hereinafter called "Subdivider";
WI TNES S E TH :
WHE~%S, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CPSEK RA_N~ ArEIGHBORHOOD 5A pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
wish the provisions of Title 18 of the Chu!a Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHERF~S, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Mmnicipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHER~AS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
5his agreement wherein it is provided that s-~bdivider will install
and complete, at subdivider's own ex"pense, all the public
im_nrovemen~ work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18878, approved on the 20th day of
January, !998 ("Tentative Map Resolution"); and
WHERE~S, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown/on Drawings Nos. 98-143 through 98-152, on file in the office
of the City Engineer, and
WHERE~AS, an estimate of the cost of constructing said public
imp_rovements according to said plans and specifications has been
submitted and approved by the City in the amount of $878,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own ex?ense, without cost to City, in a
good and workTaanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work re_an/ired to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. tt is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work~ and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. it is understood and agreed that subdivider will perform
said Improvement Work as set forth hereinafDove, or that portion of
-2-
said Improvement Work se_~-ving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certifica5e of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. it is ex?ressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City cf Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of ~nula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, ~nose sufficiency has been approved by the City in the sum
of FOUR HI/NDRED THIRTY-NINE THOUSAND DOLLARS AND NO CENTS
($439,000.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exi-_ibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, ~nose sufficiency has been approved by the City in the sum
of FOUR B/3NDRED THIRTY-NINE THOUSAND DOLLARS AND NO CENTS
($439,000.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of ~nula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($9,800.00)
(per private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. i5 is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
-3-
costs hereof are fully paid, the whole amo~_~.t, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant ~o the terms of the
improvement security. Subdivider agrees 5o pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
imp_rovement security.
10. it is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
!1. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred byCity
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid bySubdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. it is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
-4-
!
en~o_loyees, or indemnitee, related to this agreement; provided,
however, that the approved imp_rovement security shall not be
re_c/mired ~o cover the provisions of this paragraph. Such
indemnification and agreement to hold ha_~mless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjaoent or downstream properties as
a result of the construction of said subdivision and the public
i~Drovements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved imp_rovement plans. The provisions of this paragraph shall
become effective upon the execution of tb~s agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the imp_rovements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
e~oloyees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHU!~ VISTA
Mayor of the City of Chula
Vista
ATTEST
City Clerk
SUBDIVIDER:
PROPERTIES
PACIFIC BAY
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
-5-
,
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $439,000.00
EYJlibi t "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $439,000.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $9,800.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H, \home\attorney\ssia \sa1tcrek. SA
-6-
Ç7
I
STATE OF CALIFORNIA
COUNTY OF
personally appeared
, before me,
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person. J~)'whose name~'~' is/~we'
subscribed to the within instrument and acknowledged to me that be/s.~he~J;~y executed the same
in hi~/her/t, bei¢ authorized capacity~Je~, and that by l:~fher~signatur~on the instrument the
person,~l"'or the entity upon behalf of which the person{,~acted, executed the instrument.
WITNESS my hand and official seal.
No. of Pages
T'~le of Document ~~
Date of Document ~k3t~c~-~
Other signatures not acknowledged
ATTACHIvIENT 5
RECORDING P-EQUESTED BY:
CiTy Clerk
Wi--iEN RECOP~ED MAIL TO:
Ci-?Y OF ~AVISTA
276 Fourth Avenue
Cinu!a Vista, CA 91910
Nc Transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SALT CREEK RANCH, CHULA VISTA TRACT 98-01
SALT CREEK RANCH, NEIGHBORHOOD 5A
(Condition 127 of Resolution No. 16834 and
Conditions 1, 2, 3, 19, 20, 21, 22, 23, 24, 30,
and 42 of Resolution No. 18878)
34
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this __ day of , 1998, by and
between THE CITY OF CHLrLA VISTA, California ("City" or "Grantee"
for recording purposes only) and PACIFIC BAY PROPERTIES, a
California Corporation, formerly known as PACIFIC BAY HOMES, a
California Corporation successor by merger to FN DEVELOPMENT
COMPANY, ALPHA, a California Corporation successor by merger to FN
Development Company, BRAVO, a California Corporation, as owner
("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
1
Exinibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as SALT CREEK
r_-_NCH, CSV~A VISTA TRACT 98-01 S~-LT CREEK RANCH, NEIGHBORHOOD 5A.
For purposes of this Agreement the te_--m "Project" shall mean
"Prope rty" .
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Chula Vista Tract
No. 98-01, Salt Creek Ranch, Neighborhood 5A ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution Nos. 16834 and 18878
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolutions. The description of the conditions in
this recital section of this Agreement is intended only to
summarize and paraphrase such conditions in the Resolutions, and is
not intended herein to modify or exlplain them, and is not intended
as a basis for interpreting them.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange
and conditions herein contained,
below.
for the mutual covenants, terms
the parties agree as set forth
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement R~s with the Lazed. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
rl~nning with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in e_quity or other proper
proceedings to enforce the curing of such breach to which it or any
o~her beneficiaries of this agreement and the covenants may be
entitled.
a. Developer Release on Guest Builder
Assi~ents. If Developer assigns any portion of the Project,
Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement, provided Developer
obtains the prior written consent of the City to such release.
Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such
re_c~est for a release so long as the assignee acknowledges that the
Burden of the Agreement runs with the land, assumes the obligat±ons
of the Developer under this A~reement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee°
b. Partial Release of Developer's Assignees.
If Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied
with the requirements of this Agreement and such partial release
will not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
2. Condition No. 127. In satisfaction of Condition No. 127
of Resolution No. 16834, Developer shall comply with the Community
Purpose Facility Ordinance. The Developer shall provide areas
proposed to show compliance with said ordinance and obtain approval
of said areas from the Director of Planning prior to approval of
the first final map in Phase 2.
3. Condition No. 1. In satisfaction of Condition No. 1 of
Resolution 18878, Developer shall comply with any and all
unfulfilled conditions of approval applicable to the Salt Creek
Ranch, Chula Vista Tract 92-02, Tentative Map established by
Resolution No. 16834 approved by Council on October 6, 1992.
4. Condition No. 2. In satisfaction of Condition No. 2 of
Resolution 18878, Developer shall install public facilities in
accordance with the Salt Creek Ranch, Public Facilities Financing
Plan as amended or as required by the City Engineer to meet
threshold standards adopted by the City of Chula Vista. The City
Engineer ~nd Planning Director may, at their discretion, modify the
se_~uence of improvement construction should conditions change to
warrant such a revision.
5. Condition No. 3. In satisfaction of Condition No. 3 of
Resolution 18878, Developer shall design and construct all street
improvements in accordance with Chula Vista Design Standards, Chula
3
Vista Street Standards, and the Chula Vista Subdivision Manual
~Lless othe_~wise approved by the City Engineer. Submit for approval
by the City Engineer improvement plans detailing horizontal and
vertical alignment of said streets.
Said improvements shall include, but not be limited to,
asphalt concrete pavement, base, concrete curb, gutter and
sidewalk, sewer and water utilities, drainage facilities, street
lights, signs, cul de sacs, street knuckles and fire hydrants.
6. Condition No.
Resolution No. 18878,
building oermits for
following occur:
19. In satisfaction of Condition No. 19 of
Developer agrees that the City may withhold
the subject subdivision if any one of the
so
Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan have
been reached.
Traffic volumes, levels of service, public
utilities and/or sez-vices exceed the adopted City
threshold standards in the then effective Growth
Management Ordinance.
The required public facilities, as identified in
the PFFP or as amended or otherwise conditioned
have not been completed or constructed to
satisfaction of the City. The developer may
propose changes in the timing and sequencing of
development and the construction of improvements
affected. In such case, the PFFP may be amended
as approved by the City Plarkning Director and
Public Works Director.
7. Condition No. 20. In satisfaction of Condition No. 20 of
Resolution No. 18878, Developer agrees to defend, inderm/ify and
hold hal-mless the City and its agents, officers and employees, from
any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers,
or employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies
the subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
8. Condition No. 21. In satisfaction of Condition No. 21 of
Resolution No. 18878, Developer agrees to hold the City harmless
from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
4
9. Condition No. 22. In satisfaction of Condition No. 22 of
Resolution No. 18878, Developer agrees to ensure that all
franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Developer
further a~rees to restrict access to the conduit to only those
franchised cable television companies ~no are, and remain in
compliance with, all of the terms and conditions of the franchise
and which are in further compliance with all other rules,
regulations, ordinances and procedures regulatin~ and affectin~ the
operation of cable television courpanies as same may have been, or
may from time to time be issued by the City of Chula Vista.
!0. Condition No. 23. In satisfaction of Condition No. 23 of
Resolution No. 18878, Developer a~rees to maintain all open space
areas in accordance with standards approved by the City, indemnify
the City from any legal action resulting from said maintenance and
to grant said open space lots in fee title, subject to the City's
!OD, to the applicable Home Owners Association.
11. Condition No. 24. In satisfaction of Condition No. 24 of
Resolution No. 18878, Developer agrees not to protest formation or
inclusion into any of the following:
District for the maintenance of the Telegraph
Canyon drainage channel.
b. Sewer reimbursement district
12. Condition No. 30. In satisfaction of Condition No. 30 of
Resolution No. 18878, Developer shall be responsible for street
trees in accordance with Section 18.28.010 of the Chu!a Vista
Municipal Code which shall be planted in accordance with approved
City Landscape and Irrigation Plans.
13. Condition No. 34. In satisfaction of Condition No. 34 of
Resolution No. 18878, for walls which are located within the open
space, Developer shall require owners of adjoining lots to sign a
statement when purchasing their homes that they are aware that the
wall is on Open Space property and that they may not modify or
supplement the wall or encroach onto Open Space property. These
restrictions shall also be reflected in the CC&Rs for each lot.
14. Condition No. 42. In satisfaction of Condition No. 42,
Developer shall comply with all applicable sections of the Chula
Vista Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision Map
Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual.
15. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Condition 127 of Resolution No. 16834 and Conditions
1, 2, 3, !9, 20, 21, 22, 23, 24, 30, 34, and 42 cf Resolution
15678.
16. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
17. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly sel-ved, delivered, and
received ~nen personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S, mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHLrLA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
PACIFIC BAY PROPERTIES
2300 Boswell Road
Suite 209
Chula Vista, Ca. 91914
Attn: Liz Jackson
Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire
agreement between the parties regarding the subject matter hereof.
A_ny prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Preparation of Agreement. NO inference, assumption
or presu~Dsion shall be drawn from the fac~ that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties parsicipated equally in the
preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recita!~ set forth above are
incorporated by reference into this Agreement.
=. Attorneys' Fees. If either party commences
litigation for the judicial interp_retation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CR-gl~ VISTA
DEVELOPF~R: PACIFIC BAY
PROPERTIES
Mayor
Attest:
By:
[Title]
Beverly Authelet, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
By:
[Name]
[Title]
(Attach Notary Acknowledgment)
7
!
STATE OF CALIFORNIA
COUNTY OF
On j¢~_._ ~
personally appeared
-, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~Whose
subscribed to the within instrument and acknowledged to me that J:~,/she/the~ executed the same
in,bis/h~er/t,J:~i~a~or~ed capacityJ, Jes-)T, and that by bie/her~J~-~r signature,~ on the instrument the
person~)' or the entity upon behalf of which the person(s,)-'acted, executed the instrument.
WITNESS my hand and official seal.
Title of Document
Date of Document t )~,~-~'~ No. of Pages ('
Other signatures not acknowledged
'You are required io l'],'le a Slulcmcnl or Dr, closure of ccrlain o~,,ncrship or financ:al mlcr~gts, p~vmcnts of ~mp~igr
cor;ff~bulmns, on all ma~lcrs ~h]~h will rcqmrc dL~rmiona~ acl~on on thc para of ~hc City Cnuncil, Planning ~mmission. ant
all olhcr official bodi~. ~nc followmg reformation mus~ bc dbcloscd:
Lis~ thc names of all persons h:~vmg a financial inlcresl in thc propcr~y which is IbC subjec~ of thc application or the
contract, e.g., ownc:r, applicant, colllraClor, subconlraclor, malcrial supplier.
PACIFIC BAY HOMES
AOA1 Mac ArThur Blvd. Suite 500
Kew~ort Beach. CA 92660
If any person' identified pursuant m (I) above is a corporation or pamner~hip, list the names of all individuals owning
mor~' than 10% of the shares in the corporation or owning any partnership interest in the pamnemhip.
If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any Pemon
serving a~ diremor of Ibc non-profit organization or as lrmqle~: or beneficiary or ir, mot of the trusL
N/A
Have you had more than $7..50 worth t)f busin~¢,.~ tran.~cted with any member of the City staff, Boards, Commissior,.&
Committe, e~, and C. ouncil within the past twelve montbm? Yes__ No X If yes, please indicate person(s): .
Please identify -..a¢l~ ~nd every pc.~on, including any agentS, employees, comuhants, or independent contractors who
you have assigned to represent you before the City in this matter.
Lundstrom & Assoieates
5965 Pacific Ceute= Blvd.
San Diezo, CA 92121
Have you and/or your officers or agents, in the aggregate, contributed more than gl,O00 to a Councilmember in the
current or pr~c"~ing election period7 Yes__ No X If yes. stale which COuncilmember(s):
· ' ' OqO~ Attach ~ddifio~al pm~::z zs ~:~ )' ~f '
Signature of ~ntractor/applicant
Guy Asaro - Asst. Proiect Manager
~-- 7 ~ Print or type name of contractor/applicant . .
· Per~otl is defined ~ '/{ny b~fi~ductL f~r~ co.para~sh~, joou w~rure, a.ra-c;mir~ social club. fram'~ud
COUNCIL AGENDA STATEMENT
Item
Meeting Date ~/23/98
ITEM TITLE: Resolution stablishing a Council Policy for a reduced sewer
capacity charge to residences using approved greywater systems and amending
the Master Fcc Schedule to retie7 same
.~/
SUBMITTED BY: Director of Public Works3
REVIEWED BY: City Manage1~,x ~,~ ~ (4/$ths Vote: Yes Nog)
Last December, the City Council approved Resolution 18850 authorizing staffto pursue determinations
from other agencies of our eligibility to receive funding or assistance for greywatcr systems. It was
mentioned in that report (attached as Exhibit A) that staffwould be considering an incentive system to
encourage the installation of the greywater systems. As a first step, staffis recommending a reduction
in the sewer capacity charge of 25%.
RECOMMENDATION: That Council approve the Resolution that creates a Council Policy to reduce
sewer capacity charges to approved greywater systems.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Staff has been working with a BECA tenant, ReWater Systems, to encourage the use of greywater
systems in the new developments of Chula Vista. A greywater system is composed of several
components including, storage tank, pumps, meter, sand filter, and underground emitters, that separates
the greywater from the other wastewater in a residence, and uses that water to irrigate, by underground
emitter systems, landscaping in the yard. It is estimated that for an average sized home, water usage is
reduced by 44% while sewage generation could be reduced by nearly 50%. This also reserves other
resources, like energy needed to transport and treat water and wastewater.
Advantages of Grevwater Systems
The advantages of using a greywater system are several. There is an advantage to the region, because
less water would have to be imported to the region. There would be advantages to the City because
there would be less sewage generated, which could reduce the need to upsize downstream sewer trunk
lines, and it would also reduce the need for Chula Vista to acquire additional sewage capacity from the
City of San Diego.
Water Conservation Plans
Chula Vista has a requirement that new developments prepare water conservation plans to mitigate the
need to import additional water to the region. It was hoped by staff that greywater could become a
useful tool in developing these water conservation plans. Other conservation measures that are used in
the eastern area are the use of reclaimed water for open space irrigation, and the encouragement of low
water need landscaping products in people's yards.
Page 2, Item
Meeting Date 6/23/98
Cost Issues
The systems are fairly expensive to install. The units that collect, pump and filter the greywater could
range between $1400 and $1800 per house. Then the cost of the underground emitters is additional.
Staff's goal is to locate financing and incentives to reduce the burden to the developer for the installation
of these facilities.
The proposal before the Council is to reduce the sewer capacity fee by 25% or $555 per EDU for
residences which install, operate, and maintain greywater systems. Other sources of funding are
available from the Federal and State governments. The U. S. Dept. of the Interior has programs than
could fund certain projects by 25% to 50%. Also, there are low cost loans available from the State.
Staff is working with ReWater Inc. to identify and apply for these funds which, if available, will be
reported to Council at a later date.
Greywater Study
An important element in this proposal is a study which would continue for two years and would
determine the actual reduction in water and sewer usage over several hundred users. If the system works
as anticipated (that is, the homeowners continue to use it and keep the system operating), staffwould
recommend that the reduction in usage would continue or even be increased if justified.
All the details of how the study would be conducted and funded have not been determined. There are
study grants available for this purpose, but first, it is necessary to get a developer that is willing to
participate in the program. Staff is proposing that the City take the first step by adopting this policy.
Provisions in the Council Policy
The policy will provide for a 25% reduction in the sewer capacity fee for those new sewer connections
that install adequate greywater systems and guarantee by an agreement that the system will be installed
and used. Should it not be installed or used, then there are provisions in the agreement to cancel the
discount and double the monthly sewer fee, until the discount is paid back. The policy also limits the
number of units that are eligible to receive this discount over the next two years to a maximum of 600
units and provides that the fee reduction may be eliminated, reduced or increased after a study is
conducted by the City.
In order to implement the policy, it is also necessary to revise the Master Fee Schedule. The revision
would reduce the fee by 25% upon entering into an agreement per the Council Policy.
FISCAL IMPACT: There will be a reduction in revenues to the Trunk Sewer Reserve Fund of $555
per EDU that installs these units. If400 units use this system that would reduce the future fees collected
by $222,000. On the other hand, if the flow is reduced, it allows the City to serve more units with the
current capacity that the City owns in the Metro System.
Attachments: Council Agenda Statement of Deceraber 16,1997 NOT SCANNED
Draft Council Policy for Sewer Capacity Charge Reduction
Proposed Changes to Master Fee Schedule
H:kHOME~ENGINEERkAGENDA\GREYWATJPL
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A COUNCIL POLICY FOR
A REDUCED SEWER CAPACITY CHARGE TO RESIDENCES
USING APPROVED GREYWATER SYSTEMS AND AMENDING
THE MASTER FEE SCHEDULE TO REFLECT SAME
WHEREAS, the City Council in December, 1997 approved
Resolution 18850 authorizing staff to pursue determinations from
other agencies of our eligibility to receive funding or assistance
for greywater systems; and
WHEREAS, it was suggested in that report that staff would
be considering an incentive system to encourage the installation of
the greywater systems; and
WHEREAS, as a first step, staff is recommending a two
year program for a 25% reduction in the sewer capacity charge for
residences subject to certain terms and conditions set forth in the
draft City Council Policy presented for City Council consideration.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby establish a Council Policy for a
reduced sewer capacity charge to residences using approved
greywater systems as set forth in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the Master Fee Schedule is
hereby amended in the form attached hereto as Exhibit "B" in order
to implement this policy.
Presented by
John P. Lippitt,
Public Works
C: \rs\greywatr. pol
Director of
Approved as to form by
~~~orney
EXHIBIT "A"
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Reduced water capacity charge to POLICY EFFECTIVE
residences using approved greywater NUMBER DATE
systems
ADOPTED BY:
BACKGROUND
I DATED:
PAGE
1 of 2
It has been the policy of the City Council to encourage water conservation. For example, the
City requires that developers prepare a water conservation plan for new developments. The City
also requires the use of reclaimed water in new developments. This is accomplished by making
reclaimed water a tentative map requirement.
Subject to the terms and conditions set forth below, this policy allows a reduction in the Sewer
Capacity Fee of 25% for those parcels that install and use an acceptable greywater irrigation
system. This reduction is proposed because it is believed that a properly functioning greywater
system which diverts water away from the sewer system will reduce impacts on the City's sewer
facilities and demands for increased system capacity. Since this system is new and the full
impact on sewer capacity needs has not been determined, this policy will limit the number of
connections with a sewer capacity reduction to 600 units in a subdivision(s) and 200 individual
units, subject to the terms stated below.
This sewer capacity fee reduction will be available until June 30, 2000, or until the maximum
number of fee reductions have been made, whichever occurs first. The Council may extend the
period of fee reduction or increase the number of units allowed in the reduction by amending this
policy. It is intended that staff will conduct studies to determine if the premise for 25% fee
reduction is borne out by actual experience. It is staff's intention to obtain grants to cover the
cost of these studies.
POLICY
The City will reduce the Sewer Capacity Fee by an amount equal to 25% for any single
residence or multi-family complex subject to the following:
The property owner or developer (applicant) will enter into an agreement that is binding
on the property to install the greywater system and continually operate it for a minimum
of 5 years.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT:
Reduced water capacity charge to
residences using approved greywater
systems
ADOPTED BY:
2.
POLICY EFFECTIVE
NUMBER DATE
PAGE
2of2
I DATED:
The applicant must submit proof of the approved installation to the Public Works
Department. Proof of the installation may be a finaled building permit. If an approved
greywater system is not installed or it's proper use is discontinued prior to five years from
the fee reduction, the applicant or its assign (the new owner) shall reimburse the City for
the 25% fee. If the City is not paid the fee within 30 days of requested payment (after
it has been verified that the system is not being operated as designed), the City will
charge the applicant or new owner, double the regular monthly sewer fee until the fee is
paid. The City will collect an amount equal to 6% annual interest which will be paid
prior to the reduction of principal.
The agreement will allow inspectors to enter the property and the house to inspect the
operation of the greywater system. The Agreement will also allow other appropriate
agents of the City or regulatory governmental agencies such as the Health Department, or
Otay Water District, etc. to inspect the system for the life of the system.
The number of fee reductions shall be limited as follows: (a) No more than 200 for
parcel map or individual lot, and (b) no more than 600 units if part of a subdivision. All
applicants at the discretion of the Director of Public Works may be requested to
participate in a study to determine the effectiveness of the installed system in reduction of
sewer outflow. Additional units may be allowed upon approval of the City Council.
Greywater systems will only be approved for those single family or multiple family lots of
such a size, landscaped area suitable for amount of greywater anticipated, and soil type
that will adequately receive the greywater flows. Other types of land use will not be
given a fee reduction, unless special approval is given by the Director of Public Works.
H :\shared\GREYWAT1 .J PL
EXHIBIT "B"
PROPOSED CIIANGES IN ITALICS
Land Use
2.
3.
4.
Single Family Dwellings (See Note 49
Mob~ Homes, trailer
Multi-"~trnily Units, including aparm~enrS
fSee Note 4)
IL V. Parks
CammerrSal, Industrial, ManufactmSng
Tenant improvements, and all other non-
residential facilities (See notes 1 and 2)
Eauival~m Dwellin~ Units of ~iow
1.00 '-
0`5O
0.75 per rmit
0`5 per RV hookup plus F-F.U. on futilities not
serving RV k-paces
(F-F.U. plus ,r%'ocess Water)
6. P.~smurants:
Small (seat~g capadty < 100)
E3.U.
7o
10.
Large (seating capadty > = 100)
Carwash
Self.-s~-Ve
Autmnafic w/water rec-yding
Automatic w/o water recycling
(See note 1)
Hotels, Motels, Inns, Boarding Houses,
Dormitories, Convalo~rent Hospitals,
Hospitals, and any facility designed for a
tempmary overnight stay
Self Service Laundries
(coin operated)
(See note 2)
Govermnenml, Institutional, or any other
user not described above
25 GPD per seat
2 EDU's per stall
6.5 EDU's
E.F.U. case by case
E.F.U.
0.5 per washer, plus E.F.U. for fixtures not
attached to the washers
E.F.U.
E.F.U. = Equivalent F~xture U~its:
NOTF. S
Facilities using warn' for processing purposes shall be ass~d individually by the Director.
Fa*ilili~ with water recycling systems shall be assessed individually. Information required for
the assessment shall be provided by the applicator
In the case of other developments not inaluded above, the number of equivalent dwelling
units of flow shall be d~'rmined in each case by the City Engineer and shall be based upon
the estimated volume of sewage to be discharged into the Civy sewer system. The flow rate
for property involving a modification in land use shall reflex~t only the increase in sewage
generation project fi.om that prop~/y which exceeds .50 equivalent dwelling units of flow.
For those connections that will install an approved greywate~ aystem, a 25%fee reduction
will apply per City Council Policy ~.
Master Fee Schedut~
Part H - Development
Chapter XII - Engineering - Sewer
Page 53
(Eft. May II, 1993)
I
Item //--~
Meeting Date 12/16197
ITEM TITLE: Resolution / c~r~oc/~'~b/7 Authorizing Staff to Request a Determination
of City Eligibility for Grants and Low-interest Loans for Water Recycling
Demonstration Project
SUBMITTED BY: Director of Public Works
Environmental Resource/' x~tl M'a~r
REVIEWED BY: City Manager~_..~ ~}fi~/I (4/5t1~ Vote: Yes__No X
City staff has been working with a BECA Tenant ( ReWater Systems) to develop a Greywater
System in new developments. This system would use "grey wastewater' to be a partial source
of irrigation water for homes. The advantages are lower water usage and reduced sewer flows
in the Chula Vista System which would save money. As a first part of this process, staff is
requesting Council to support staff submitting applications for grants or Iow cost loans to test
this process. This resolution does not obligate the City to actually apply for the loan or grant,
but merely authorizes staff to ask the affected agencies to determine our eligibility and to submit
an application.
RECOMMENDATION: Approve resolution authorizing staff to seek a determination on
eligibility of financial assistance.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Staff requests authorization from Council to submit applications to determine the City's
eligibility .for grants and low-interest loans for a water recycling demonstration project using
on-site greywater recycling systems. The purpose of the demonstration project is to determine
cost savings to the City from on-site greywater recycling. The Project supports the City's
Greenstar Program and implements the BECA mission.
On-site greywater recycling is a process whereby greywater from washing machines and
bathroom showers/tubs/sinks is collected, filtered and used for irrigation. The economic and
environmental benefits of on-site greywater recycling are very significant. Fresh water intake
is reduced by nearly g4 %. Wastewater effluent is reduced by nearly 50%. Energy demand for
transportation of water and wastewater is reduced by 44% and 50%, respectively.
California passed legislation in 1994 which legalized greywater recycling. Appendix G of the
California Plumbing Code stipulates the conditions under which greywater recycling may occur
and the specifications for the system. The only system meeting building code requirements that
staff is aware of is manufactured by ReWater Systems Inc., a BECA tenant.
I
Page 2, Item
Meeting Date 12/16/97
The Demonstration Project will quantify cost savings to the City and others from on-site
greywater recycling. During the Project, ReWater systems will be insta/led in a representative
sample of new homes. Fresh water conservation and wastewater reduction will be monitored.
The budget for the Demonstration Project is estimated to range between $425,000 and $1.27
million, depending upon the final number of homes used in the Demonstration. Staffis currently
evaluating several different potential funding sources for the Demonstration Project, including
grants and loans from government agencies, contributions from developers, and rebates from the
Metropolitan Water District of Southern California and the San Diego County Water Authority.
Staff will return to Council with additional information about funding availability and
recommendations for further action. Staff requests approval now to determine the City's
eligibility for potential sources of funding in the form of grants or low-interest loans. The City
will be under no obligation as a result of these activities.
Greywater recycling first appeared in the United States in the 1970s when an increased
environmental awareness caused homeowners to look for ways to reduce water consumption.
Early systems were typically designed and installed by homeowners themselves. These systems
were fraught with mechanical difficulties and fumhermore were illegal. After legalization of
greywater in 1994, commercial systems designed for installation by licensed plumbers became
available. Field trials and economic studies conducted by the City of Los Angeles, the
University of California, Los Angeles and the University of California, Berkeley established the
economic and environmental benefits from on-site greywater recycling. The City of LOs
Angeles and UCB studies are attached.
One of the first commercially available systems was developed and patented by ReWater
Systems. ReWater systems have been in use for eight years in Northern California. ReWater
became a BECA tenant in 1996 in order to expand into the Southern California and Mexican
markets.
ECONOMIC BENEFITS TO THE CITY FROM GREYWATER RECYCLING
There is potential for savings in two arms: I) reduce the need to parallel existing sewers that
accept flows from growth areas, 2) reduce the need to acquire additional treatment capacity from
the City of San Diego.
Chula Vista needs to improve portions of sewer systems in the downstream sewage basins of
Poggi Canyon and Telegraph Canyon. Poggi Canyon will be paralleled in the near future and
should be constructed to its ultimate size. However, Telegraph Canyon Sewer system has
several segments in the existing system that will need to be upgraded over the years as growth
occurs in those basins. Significant reduction in future flows may allow us to avoid or at least
delay construction of some of those segments. The sewers have to be designed for peak flow
and before any decision to avoid future construction of any segments are made a study on the
effectiveness of reduced peak flows ihould be conducted:
Chula Vista currently owns 19.34 million gallons per day (mgd) capacity in the Metro system.
Our current flow is currently around 12 mgd. A significant reduction in average daily flow per
new household would allow us to remain within the capacity we currently own. Again a detailed
study of a demonstration project should be conducted over a one to two year period in order to
assess the impact of these greywater systems, on_.o~ur average daily flow. It is staff's opinion that
Page 3, Item
Meeting Date 12/16/97
we could lower the need for new capacity in the Metro system, but would be reluctant to reduce
the size of any new sewer lines based on lower flows. That is because pipelines need to be
designed for peak flow while METRO capacity is based on average daily flow. In either case
a study of a demonstration project would determine the amount of benefit the sewer system
would obtain from this process.
Secondary economic benefits will accrue to the City by assuring that future growth is not
constrained by an inadequate supply of fresh water. An additional economic benefit to the City
will be gained through the support of BECA-based ReWater Systems, which could experience
considerable growth as a result of this Project.
ECONOMIC BENEFITS TO HOMEOWNERS FROM GREYWATER RECYCLING
Because Otay Water District rates are based on consumption, new homeowners with greywater
recycling systems will realize significant savings in water bills. The average annual savings per
household would amount to $187 over the life of a 30 year mortgage. This number is based on
the following assumptions:
2.8 persons per household;
the 1997 Eastern Area average water rate;
minimum freshwater used to supplement irrigation; and
minimum drought losses.
The City's fiat sewer rate does not provide an opportunity to reward homeowners for reduced
sewer use.
The ReWater system is completely automatic and self-cleaning. A computerized control system
allows the homeowner to operate the greywater program much like a typical irrigation system.
Plumbing additions to the basic Plumbing system, will be made during home construction to
capture greywater from the bathroom sink/tub/shower and washing machine. The greywater is
automatically piped to a holding tank and filter. From the filter greywater is pumped to a
below-ground irrigation system, which is considerably more efficient than above-ground
irrigation systems which are typically installed in new homes. ReWater systems retail for
$1895. However, when purchased in quantity, the price will be lower. Also the irrigation
piping and emitters will have to be installed. Staff estimates that for planter areas, these costs
will be similar to the costs of installing a drip irrigation system. A ReWater brochure is
attached.
The Demonstration Project will comply with all California codes pertaining to on-site greywater
recycling. The California Plumbing Code stipulates allowable soil conditions, hydrologic
conditions and system specifications. The San Diego County Health Department, and the local,
Department of Building and Housing have approved the use of Greywater systems.
Economic Benefits to the City from the Demonstration Project
The purpose of the Demonstration Project is to quantify water conservation and wastewater
reduction from on-site greywater recycling. However, the City will economically benefit from
the Project if the number of homes in the Eastern area are sufficient to avoid an upgrade of
Page 4, Item
Meeting Date 12/16/97
trank sewers and reduces the need to purchase additional capacity from the City of San Diego
or other agency. For instance, if the Demonstration Project is in the Telegraph Canyon Sewer
Basin, the extent of paralleling the existing trunk sewer could be significantly reduced.
Demonstration Proiect Scope of Work
During the Demonstration Project, it is proposed that ReWater systems will be installed in
approximately 200-300 homes in a newly developed subdivision. During a one to two year
period, wastewater reduction and fresh water conservation will be documented by comparing the
wastewater flows and water consumption in the demonstration homes with a control group
located in a similar type subdivision that does not have a gm)water system installed.
Demonstration Project Budget and Funding
The Project budget is estimated to range between $425,000 and $1.27 million, depending on the
number of homes used in the demonstration. This includes a budget for the ReWater systems
and the monitoring study which will quantify water conservation and wastewater reduction.
A number of possible funding sources have been identified, including grants, Iow interest loans,
utility rebates and utility discounts. Staff is assessing the applicability and terms of potential
funding sources. Specific funding scenarios include:
· Grants
Several government agencies have grants for which this Project may qualify. These
include the Border Environmental Cooperative Commission, the Commission for
Environmental Cooperation, the U.S. Bureau of Reclamation and the California
Department of Water Resources, EPA and State Water Resources Control Board. The
City would be the Grantee for a grant from any of these sources.
· Lo~v-interest Loans
Low-interest loans are currently available to qualifying agencies from numerous State and
Federal agencies. The loan process is similar to that currently used by the City for HUD
projects. Because of the extremely low interest rate on the loans, the City could have
a financial gain from the interest accrued on the loan. The 20-year loans are currently
available for a rate of 2.25% to 5.5%. Using the loan funds, the City would pay for
installation of the systems during home construction. The City would be reimbursed by
the developer at the time of sale of the home. Staff is developing further information on
this scenario such as loan security requirements, etc.
· Utility Rebates and Discounts
The San Diego County Water Authority may provide a rebate for each installed system.
Depending upon the extent of a match from local agencies, the amount of the County
Authority rebate will range between $285 to $647. Staff has initiated discussion with the
Otay Water District on a potential rebate or discount from the District. Metropolitan
Water District of Southern California has historically participated in local water agency
Page 5, Item
Meeting Date 12/16/97
rebate programs by contributing matching dollars. The City of San Diego is considering
including greywater recycling systems in their low-flow toilet and shower head rebate
program which was part of the Point Loma settlement.
Developer Participation
At this point in time, there has not been a commitment from developers to participate in the
program. A meeting was called between ReWater systems and the developers by McMillin
Company to discuss the concerns with the system.
Staff did not attend the meeting, but it was reported that there was discussion on the impacts of
water in the yards with the possibility of soil problems, concern of too much water in small lots,
inability of homeowners to operate and maintain the system, how the systems would be financed,
would the installation be voluntary or required by the City, what would be the economic
benefits to the homeowner and developer, the developers have had considerable lawsuits over
the past decade and don't want to do anything that would cause structural problems to houses.
City Building and Housing staff also have concerns with the operation of the systems. The
concerns of the developers and Building and Housing staff would have to be satisfied prior to
a project being installed.
There has to be considerable work on the part of ReWater Systems and City staff to convince
the developers that this system should be tried. Financing mechanisms need to be developed to
make it economically feasible for developers to participate. On a limited basis, Public Works
staff is proposing a 25% reduction in single family sewer connection fees for the 200 to 300
homes that could be in the demonstration project. This is based on the proposition that sewage
to the sewer system will be reduced by 50% on a annual basis. That would be a fee reduction
of $555 per single family lot. The Study would demonstrate over a one to two year period if
that reduction was justified. If it is found to be justified, the fee reduction program could be
continued.
Demonstration Project Schedule
If appropriate funding is secured and Council approves the Demonstration Project, the Project
could be initiated as early as Spring or Summer 1998. Depending upon monitoring results and
meteorological conditions, the Demonstration Project will have a duration of one to two years,
concluding in either January 1999 or January 2000.
Coordination with Otay Water District
Otay Water District has been participating with staff to develop the specifications for the
Demonstration Project. The District has provided data on water use, water rates and local
meteorological data. Staff has initiated discussions with the District about potential District
rebates or discounts. A Memorandum of Understanding will be executed with the District for
their support of the City in the Demonstration Project, during which the District will provide
water use and meteorological data.
Impact of On-Site Greywater Recycling on Regional Reclamation Projects
Page 6, Item
Meeting Date 12/16/97
On-site greywater recycling compliments, not conflicts with, regional reclamation facilities.
This results from the fact that regional water reclamation projects like the South Bay and North
City reclamation plants do not provide reclaimed water to individual homes. City of San Diego
reclamation managers were briefed on the Project. They are going to include educational
materials about greywater recycling in reclamation material being sent to San Diego residents.
Environmental Benefits of Greywater Recycling
The environmental benefits from greywater recycling are extensive:
Less fresh water will be withdrawn from the Colorado River and the
Sacramento-San Joaquin Delta, the two major sources of water for Southern
California.
· Less wastewater will be discharged to marine and coastal environments.
· Fewer chemicals for water purification and wastewater treatment will be used.
Less energy production will be required to transport water and wastewater.
CONCLUSIONS
The item before the Council tonight is to authorize the staff to apply to different agencies to
have them determine our eligibility for funding assistance. Council is not authorizing staff to
start a Demonstration Project. No specific project has been selected at this time. The project
location and financing details will come back-to Council in the future, after eligibility of
financial assistance and agreement with a developer has been obtained. At that time, Council
will be requested to approve a sewer connection fee reduction as an incentive to install the
system.
There is Imtential for considerable benefit for the city, homeowners and developers.
FISCAL IMPACT: If the project is proven successful, and sewage production can be reduced
significantly, there would be substantial savings to the City, to developers, and to future
homeowners. The savings to the City and developers would be due to the reduced need to
purchase additional sewer capacity from the Metro Sewer system, and from the reduced need
to upgrade downstream trunk sewers. The full amount of the reduction is unknown at this time.
One purpose of the Demonstration Project is to better quantify these savings.
Attachments:
1. City of Los Angeles and lJniversity of California, Berkeley Greywater Studies
2. ReWater Brochure
H:~HO M~ENG INEERXAG ENDA~AT5 JPL
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/23/98
ITEM TITLE: Public Hearing: Declaring vacation of a portion of an alley north of the
properties located at 3080/3082 and 3084 Main Street
Resolution //~/'~Vacating a portion of an alley north of the properties
located at 3080/3082 and 3084 Main Street
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~'~~ (4/Sths Vote: Yes __ No X )
A request has been received to vacate a portion of an alley north of the properties located at 3080,
3082 and 3084 Main Street (see Exhibit "A").
In accordance with the State Street and Highways Code, Council adopted a resolution of intention
setting a public hearing (Resolution 19005) in order to consider the vacation request.
RECOMMENDATION: Council open the public hearing and adopt resolution to vacate.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Thomas M. Tomlinson of Legler & Tomlinson, acting as agent for the owner of the properties at
3080, 3082 and 3084 Main Street and 361 Zenith Street, has applied to the City to vacate a portion
of the alley adjacent to these properties (see Exhibit "A"). This portion of the alley is 20 feet wide
and 67 feet long.
The subject alley was dedicated to the County of San Diego on the map of Otay Subdivision in 1887.
According to that map, the alley extended from Fourth Avenue (formerly Hermosa Avenue) to
Fresno Avenue. At some point after the dedication, the easterly 50 feet of the alley was abandoned
by the County. There was no tm-around provided, merely a dead end. The alley was physically
blocked from Fresno Avenue by a drainage channel located in the westerly portion of the street fight-
of-way, behind the curb and sidewalk.
The owner of the above-mentioned properties fronting Main Street also owns the property directly
across the alley at 361 Zenith Street and desires to connect the parcels through use of the alley.
Public hearing notices have been posted in accordance with the Municipal Code and distributed to
owners of properties within a 500 foot radius of the property.
I
Page 2, Item
Meeting Date 6/23/98
All utility companies have been notified of this proposal. San Diego Gas and Electric Company,
Pacific Bell and Cox Cable have facilities in the subject area and are opposed to the vacation unless
easement reservations are included in the resolution of vacation.
The vacation of the street, if it takes place, will include a reservation of easements for all other
agencies owning facilities that will remain within any of the vacated areas.
FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
If Council approves the vacation, it will be conditioned that owner pay for the right-of-way in
accordance with a certified appraisal to be provided by the applicant, as has been the accepted
practice in recent years by Council.
The City will realize no savings in maintenance, since City's crews have not been maintaining this
portion of the alley in the past.
Attachments: Exhibit "A" (Plat showing portion of alley to be vacated)
THIS PAGE IS BLANK
RESOLUTION NO. /fO-~X
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA VACATING A PORTION OF AN ALLEY
NORTH OF THE PROPERTIES LOCATED AT 3080/3082
~ND 3084 MAIN STREET
WHEREAS, Thomas M. Tomlinson of Legler & Tomlinson,
acting as agent for the owner of the properties at 3080, 3082 and
3084 Main Street and 361 Zenith Street, has applied to the City to
vacate a portion of the alley adjacent to these properties; and
WHEREAS, in accordance with the California
Highways Code, the City Council may hold a public
consider the vacation of a portion of an alley; and
Streets and
hearing to
WHEREAS, by Resolution No. 19005, the Council set June
23, 1998 as the date for this public hearing; and
WHEREAS, the City Council conducted the public hearing at
the time and place advertised and heard all persons interested in
or objecting to the proposed vacation of a portion of an alley
north of the properties located at 3080/3082 and 3084 Main Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order the vacation of a portion
of an alley north of the properties located at 3080/3082 and 3084
Main Street, more particularly shown on Exhibit "A", attached
hereto and incorporated herein as if set forth in full subject to
the following conditions:
That the vacation occurs only after the City is
adequately compensated for the property in
accordance with a certified appraisal to be paid
for by the applicant.
2 o
The City Manager and City Attorney, or their
designees, are authorized to negotiate and finalize
said purchase with the applicant.
The vacation of this alley shall be subject to all
reservations of easements for public utility
purposes.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed that this Resolution of Vacation shall not be recorded
until the conditions set forth hereinabove have been satisfied.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
C:\rs\vacate.aly
Director of
John M. Kaheny, City
Attorney
LEGAL DESCRIPTION FOR
VACATION OF PORTION OF
PUBLIC ALLEY
The easterly 67 feet of the 20-foot-wide, 550-foot-long public alley in Block 5 of Otay Townsite,
in the County of San Diego, State of California, according to Map thereof No. 263, filed in the
office of the Recorder of said County of San Diego on July 25, 1887.
EXCEPTING THEREFROM, reservation of the following easements:
To: San Diego Gas & Electric Company
Reserving and excepfmg from vacation and abandonment, easement and rights to San Diego Gas
& Electric Company, a corporation, pursuant to any existing franchise or renewals thereof, or
otherwise, at any time, or from time to time to construct, maintain, operate, replace, remove,
renew or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and
fixtures for the operation of gas and/or electrical energy for the incidental purposes thereof,
including ingress and egress, to protect the property from all hazards in, over and across all of
the above-described land.
To: Pacific Bell
Reserving and excepting from vacation and abandonment, easement and rights to Pacific Bell, a
corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any tune, or
from time to time to construct, maintain, operate, replace and remove aerial and underground
communication structures consisting of conduits, cables, wires, poles and other necessary and
appurtenances together with the right of ingress and egress to protect the property from all hazards
in, under and upon all of the above-described land.
To: Cox Communications
Reserving and excepting from vacation and abandonment, easement and rights to Cox
Communications, a corporation, pursuant to any existing franchise or renewals thereof, or
otherwise, at any time, or from time to time to construct, maintain, operate, replace and remove
aerial and underground communication structures consisting of conduits, cables, wires, poles and
other necessary and appurtenances together with the right of ingress and egress to protect the
property from all hazards in, under and upon ali of the above-described land.
EXHIBIT "A"
I
DWN BY:
DATE:
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~ ~ ~~~€i ~
¡g UëñtJ~N"'~~ î
~ m.~:x:g¡g:g:g:",g ..;
~ On:wmUJUJUJO~
~ ..:.r:..;,...;..;,~..:..;,.,;,
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Zone
1
2
3
Rancho del Rey Open Space District No. 20
Amortized Costs
Amount Accumulated
for Fiscal Year~: 90-91, 9t
Description 96-97, 97-98 Amount
DesilUng Basin $134,818
at E. H St. $33,500 $0
Rice C~nyon $4,365
Trail area $1,824 $228
$7,gg0 $6
E. H ~trset $6 $6
Work Descriptio(q
$6 De.ting bsein maintenance (every 5 years)
Stabilization atu,_ _~5~_ _,,~ maintenance (every 3 years)
Mi~cotlaneou~
Staging Area - A.C. overley and ~pe (eve~ $ ysers)
Staging area mainlenance (30 year beriod)
4 SPA 1 Phase 1
(Business Cfr.)
5 SPA 1, Phases 2-6
$32,016 $4,002
$292,976 $34,617
Theme ,,wll & ~ rephac~mer~ (30-yr)
6 SPA 2
7 SPA 3
8 De~ilting Basin
at Glen Abbey
9 Telegraph Cyn Chann $1,444
(SPA 3 area)
Total $512,582
$0 A__,,c~_ __ Road to be I~dlt.
$722 M(X~"y on deposit pending payment
$39,569
1. Zone I - $26,230 (5 yrs) & $6,700 (3 yrs) for de~ilting basin & stabilization atrdctures not coaectod beyond 5 yrs per Code;
Zone 2 $673 (5 yin) for AC not c=llectod.
2. Zone 2 - $12,044 from mlec reserve used for mtc (95/96).
3. Zone 2 & 3 - Anmrtized cust for walle nc~ determined.
4. Zone 2 - $4,470 from mi~c re.rye u~ed for mtc (FY97/98).
4. Zones 6 & 7 - Theme wall/monumentation to be added.
5. Zone 8 - Amortize coat at 2 years pending conotnJction of ~_-'c__~_~_ road.
6. Zone 9 - See TC ~pread~ for co~ brsekdown on channel.
//
THIS PAGE BLANK
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CITY OF CHULA VISTA
COU.~TY OF S~; DIEGO, STATE OF CAI2FOR.~IA
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BAY E~OULEVARD ~''
LIGHTING I5 LANDSCAPING
DISTRICT
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J$o-21
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Aqq-ACHMF__.NT_ ¢.Z.....
THIS PAGE IS BLANK
Direct Payments to: P.O. Box 1207, Chula Vista, CA 91912
Mail
Address:
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVE.
CtIUI~% VISTA, CA. 91910
(619) 427-3000
835 Third Ave., Chula Vista, CA 91911
Date: 6-~.3-98
Acct. No C5175
~' R~. '* RF, AR TN~ ~' PLEASE RETURN ONE COPY OF STATEMENT WITH YOUR REMITTANCE
CV 11032 6/13 8.50 9.95 84.58
Vacation Request (Legler & Tomlinson)
84.58
VISTA STAR-NEWS G NATIONAL CITY STAR,NEWS Cr MPERI ~EACH ST.~R-.NEWS
I
I-
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!
!
1
!
THIS PAGE BL~",l(
:?
RESOLUTION 18378
A RESOLUTION OF THE CITY COUNCIL OF THE CI ~'~f OF CHULA
VISTA, CALIFORNIA, ORDERING CHANGES AND
MODIFICATIONS TO THE ENGINEER'S REPORT IN
ASSESSMENT DISTRICT NO 91-1
WHEREAS, the City Council of the City of Chula Vista, California, has previously
adopted As Resolution of Intention and confirmed an assessment for certain works of
improvement in a special assessment district, pursuant to the terms and provisions of the
"Municipal Improvement Act of 1913" being Division 12 of the S~reets and Highways Code
of the State of California; said special assessment district known and designated as
Assessment District No. 91-1 (Telegraph Canyon Road, Phase II) (hereinafter referred to as
the "Assessment District:); and
WHEREAS, subsequent to the confirmation of the assessment and after the
improvements where ordered, but during the pendency of these proceedings, it has been
determined that certain parcels within EastLake Greens Phase 11 commonly referred to as R t,
R3(s), R6, R10, R12, and R18 are proposed to be developed with less equivalent dwelling
units than were projected atthe time the Assessment District was formed and, consequently,
such parcels were assessed for more street improvements than now directly and specially
benefit such parcels; and
WHEREAS, the DIF credits to which such parcels are entitled as a result of the
confirmed assessments levied agains~ such parcels exceeds the number of dwelling units
actually developed on such parcels; and
WHEREAS, that properties commonly referred to as R26 and The Trails can utilize the
excess DIF credits originally allocated to the above referenced parcels; and
WHEREAS, it therefore appears to be in the best public interest to order certain
changes and modifications to the proceedings, the Engineer's Report, and certain individual
assessments; and
WHEREAS, the owners of those properties for which the assessments are proposed
to be increased have both requested and consented to the proposed changes and
modifications including increase in the assessments on their properties.
NOW, THEE, BE iT RESOLVED as follows:
Section 1. That the above recitals are all true and correct.
Sec--don 2. That it is hereby ordered that the changes be made as set forth in the
a:ached Exhibit "A", and the assessment roll shall be modified and amended to reflect
the modifications as set forth in said Exhibit "A", and the Engineer's Report,
assessment roll, and diagram shall be modified where appropriate.
Section 3. That said changes and modifications are hereby ordered pursuant to the
provisions of Section 10352 of the Streets and Highways Code. Such changes and
Resolution 18378
Page 2
modifications will result in the increase in certain individual assessments, however, this
City council finds that the owners of such properties have both requested and
consented to such changes and modifications including the increase in the assessment
son the properties.
Section 4. That said changes and modifications, as so ordered, are in the best
interests of the property owners within the boundaries of the Assessment District and
the assessment roll and Engineer's Report, as modified pursuant to Section 1,
hereinabove, shall thereafter stand as the "Report" for all subsequent proceedings
relating to this Assessment District.
Section 5. That no public hearing is required for these changes and modifications
inasmuch as said modifications meet the intent and requirements of said Section
T0352 of the Streets and Highways Code, and it is further hereby determined that said
changes and modifications are in the best public interest and convenience for the
Assessment District and the property owners affected thereby.
Presented by
n R. Lippitt
lic Works DirecTor
Approved as to form by
Ann Y. Moore
Acting City Attorney
Exhibit A
Assessment District No. 91 - 1
Modified Assessment Roll - Fund No. 60~4~37
Resolution 18378
Page 3
R20IZ3 ICo)
R26/~mh
Trails
R3I$)f7R1
Trails
ELG-$, U27, U6, U4,
&12, &U
R10 (Co)
R25-14
R25-6
R26-4
R25-1~
R25-5
R25-4
R25-5
FL?.5 - 10
R25-6
R25 - 10
R3(N}
APN
643-020-39
643~20,-~-
643-030-11
643-030-14
643-030-15
643-070-04
643-100-01
643-100-O2
643-100-03
643-100-04
643-100-05
643-100-06
643-100-07
643-100~8
643-100-09
643-100-10
643-110-01
643-110-02
643-110-03
643-110-04
643-110-06
643-110-06
643-110-07
643-110-08
643-110-09
Item No
Assmts/Originaliy
Confirmed
' 5026 $430,685.05
5040 427,760.19
0.00
5038 $3,155,195.~2
5007 40,947.99
5008 17,549.1~
5009 11,698.42
5010 40,947.98
5011 14,624.28
5012 11,699.42
5013 14,624.28
5014 29,248.56
5015 17,649.14
16 29,248.56
5041 $3,656.07
5042 $3,656.07
5043 $3,656.07
50~4 $3,656.07
5045 $3,656.07
5046 $3,656.07
5047 S3,656.07
5048 $3,656.07
5049 $3,656.07
Assmts/Modified
$760,462.56
$365,507.00
$496.494.31
$2,399,851.12
S32.173.46
$17,549.14
$11,699.42
$40,947.98
$14,624.28
$11,599.42
S14,624.28
$29,248.56
$17,549.14
S29,248.56
$3,656.07
$$3,656.O7
$$3,656.07
$$3,656.07
$$3,656.07
S3,666.07
$3,656.07
$$3,656,07
S3,656.07
Resolution
Page 4
APN
643~110-10
543-110-11
643-110-12
643-110-13
643-110-1~
543-110-15
643-110-16
643-110-17
643-110-15
643-110-19
643-110-20
543-110-21
643-110-22
643-110-23
643~110-24
643-110-25
643-110-26
543-110-27
643-110-28
643-110-29
643-110-30
643-110-31
643-110-32
643-110-33
643-110-34
643-110-35
643-110-36
643-110-37
643-110-38
643-110-39
643-110~0
Item No
5050
5051
5052
5053
5054
5055
5056
5057
5058
5059
5060
5061
5062
5063
5064
5065
5066
5067
5068
5069
I' 5070
5071
5072
5073
5074
5075
5076
5077
5078
5079
5080
Assmts/Originally
Confirmed
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,556.07
$3,656;07
S3,656.07
$3,656.07
$3,655.07
$3,556.07
$3,656.07
$3,655.07
$3,656.07
S3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
$3,656.07
Assmts/Modified
S3,656.07
$3,656.07
$3,656.07
S3,556.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
33,656.07
$3,656.07
$3,656.07
33,556.07
$3,656.07
$3,656.07
$3,556.07
53,656.07
S3,556.07
$3,656.07
$3,656.O7
$3,656,07
$3,556,07
$3,656.07
S3,556.07
$3,655.07
$3,656.07
$3,656.07
$3,555.07
$3,556.07
$3,656.07
S3,556.07
33,656.07
Resolution 18378
Page 5
R20(r'ity)
APN
643-11041
643-11042
643-11043
643q 10-44
643-11045
643-110-46
643-1'10-47
643-11048
643-11049
643-110-50
643-110-51
643-130-01
643-130-02
643-130-03
643-130-04
643-130-05
643-130-06
543~130-07
643-130-08
643-130-09
543-130-10
643-130-11
643-130-12
643-130-13
643-130-14
643-130-15
643-130-16
643-130-17
643-130-18
643-130-19
$43-130-20
Item No
5081
5082
5083
5084
5085
5086
5087
5088
5089
5090
5091
Assm~/Originally
Co~irmed
$3,656.07
93,856.07
$3,656.07
$3,656.07
$3,656.07
$3,658.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
$3,655.07
93,656.07
93,656.07
93,656.07
93,656.07
93,656.07
93,855.07
93,656.07
$3,85~07
$3,656.07
$3,656.07
$3,656.07
93,656.07
$3,656.07
93,656.07
93,666.07
$3,856.07
93,656.07
$3,658.07
$3,656.07
Assmm/Modified
S3,655.07
$3,656.07
$3,656.07
93,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
93,656.07
$3,§55.07
93,656.07
93,656.07
93,656.07
93,666.07
S3,656.07
$3,656.O7
93,856.07
$3,656.O7
93,656.07
$3,656.07
S3.656.07
93,656.07
$3,656.07
93,556.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,658.07
$3,656.07
Resolution 18378
· Page 6
APN
643-130-21
643-130-22
643-130-23
$43-130-24
643-130-25
643-130-26
6434 30-27
643-130-28
643-130-29
643-130-30
643-130-31
643-130-32
643~130-33
643-130-34
543-130-35
543-130-36
643-~30-37
$43-130-38
643-130-39
643-130-40
643-130~1
643-130-42
643-130~3
643-130-.4-4-
643-130~5
643-130-46
643-130-47
543-130~8
643-130~9
543-130-50
643-130-51
Itom No
Assmts/Originally
Confirmed
$3,656.07
$3,656.07
$3,656.07
$3,656.07
~3,656.07
$3,65~07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,$56.07
$3,656.07
$3,656.O7
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
Assm~/Modified
$3,656.07
$3,$66.07
83,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
83,666.07
$3,666.07
$3,656.07
$3,$56.07
$3,655.07
$3,656.07
$3,$56.07
$3,556.07
$3,656.07
$3,656.07
83,656.07
83,S56.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
Resolution 18378
Page 7
APN
643-130-52
643-130-53
643-130-54
643-130-55
643-130-56
643-130-57'
643-130-58
643-130-59
643-130-60
643-130-61
643-130-62
643-130-63
643-130-64
643-130-65
643-130-66
643-130-67
643-130-68
643-131-01
643-131-02
643-131-03
643-131-04
643-131-05
643-131-06
643~131-07
643-131-08
643-131-09
643-131-10
643-131-11
643-131-12
643-131-13
$43-131-14
Item No
A...~smts/Originally
Confirmed
$3,656.C7
$3,656.07
$3,656.D7
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,655.07
$3,656.07
· $3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
S3,658.07
S3,656.07
$3,656.07
Assm~s/Modified
$3,656.07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$~,656.07
s3,656.07
s3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
S3,656.07
$3.656.07
$3,656.07
$3,666.07
S3,656.07
S3,656.07
$3,656.07
S3,656.07
$3,656.07
S3,656.07
$3,$56.07
S3.656.07
Resolution 1 8378
Page 8
R15
APN
643-131-16
643-131-16
643-131-17
643-131-18
643-131-19
643-131-20
643-1~1-21
643-131-22
643-131-23
643-137-24
643-131-25
643-131-28
643-140-01
643-140-02
643-140-03
643-140-04
643-140-05
643-140-05
643-140-07
643-140-08
643-140-09
643-140-10
643-140-11
$43-140-12
643-140-13
643-140~14
643-140-16
643-140-16
643-140-17
643-140-1 8
643-140-19
Item No
A.~sm~/Originally
Confirmed
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,655.07
$3,666.07
$3,65~07
$3,656.07
$3,656.07
'$3,656.07
83,656.07
10,968.21
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.0?
$3,666.07
$3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
Assmts/Modified
$3,$56.07
$3,656.O7
$3,656.07
$3,656.07
$3,656.O7
$3,656.07
83,656.07
S3,656.07
$3,556.07
$3,656.07
10,965.21
$3,566.0?'
$3,556.07
$3,566.07
$3,556.07
$3,556.07
$3,556.07
$3,656.07
$3,656.07
$3,556.07
$3,556.07
$3.556.07
$3,556.07
$3,656.07
$3,656.07
$3,556.07
$3,556.07
$3,556.07
s3,E56.07
$3,656.07
Resolution 1 8378
Page 9
APN
643-140-20
643-140-21
643-140-2.2
643-140-Z3
643-140-2&
643-140-25
643440-26
643-140-27
643-140-28
643-140-29
643-140-30
643-140-31
643-140-32
643-140-33
643-141-01
643-141-02
643-141-03
643-141-04
643-141-05
643-141-06
643-141-07
643-141-08
643-141-09
643-141-10
643-141-11
643-141-12
643-141-13
643-141-14
643-141-15
643-141-16
643-141-17
ttem No
Assmts/Odginalty
Confirmed
$3,656.07
-$3,656.D7
$3,656.D7
$3,656.D7
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,6'56.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
$3,656.07
S3,656.07
S3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
$3,656.07
83,656.07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
Assm~/Modified
S3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.O7
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,$56.07
$3,656.07
$3.656.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
$3,656.07
$3,656.07
$3,656.07
S3,656.07
$3o656.07
$3,656.07
$3,656,O7
· Resolution i 8378
Page 10
Golf Course
TOTAL
APN
643-141-18
$43-141-19
643-141-20
643-1~1-21
643-141-22
643-1~1-23
543-1~1'-24
543-141-25'
643-141~26
643-141-27
6~3-1~1-28
5~3-1~1-29
$43-1~1-30
643-141-30
Item No
Assmts/Originally
Co~irmed
$3,656.07
$3,656.07
S3,656.07
S3,656.07
$3,655.07
$3,656.07
$3,656.07
$3,656.07
$3,556.07
$3,656.07
S3,656.07
$3,655.07
$3,656.07
5166,316.31
$5,179,526.31
Assmts/Modified
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
63,656.07
$3,656.07
$3,656.07
$3,656.07
$3,656.07
$3,$56.07
$3,656.07
$3,656.07
$165,316.31
85,179,526.31
/2--
Resolution 1B37B
Page 11
PASSED, APPROVED, and ADD,TED by the City Coun=il of the City of Chula VisTa,
California, this 6th d~y of August, 1996, by the ~o]lowing vote:
AY=S: Councilmembers: Alevy, Moot, Rindone, Horton
NAYES: Councilmembers: None
A~SEN'~: Councitmembers: Padilla
~STAIN: CounciJmembers: None
ShirJ~y Horton, Mayor
A'T'i'ES';':
Beverly/A. Authelet, C~y Clerk
STATE DF CALIFORNIA
COUNTY OF SAN DIEGO
CITY O~ CHULA VISTA
) ~S.
l, Beverty A. Authelet, City Cterk of the City of Chuta Vista, California, do hereby certify that
~he foregoing Resolution No. 18378 was duly passed, approved, and adopted by the City
Council a~ a Tegular meeting of the Chula Vista City Council held on The 6th day of August;
1996.
Executed this 6th day of August, 1995.
E~everly A/. Authelet, City Clerk
THIS PAGE BLA~_
/¥
RESD.'_?TIDN ND. ;E379
F{ESDLD-rlDN DF THE CT~Y ODUN~I'- DF'~H5 C~Y DF OHULA
~DDIFIC~%IDNS IN ~DU~DINGS A~ ~SSE~E~S JN
ASSESS~DI~I~D. ~1 ~=~LA~ ~NS:II)~ND
WHER_=AS. 'the City Council ~f 'the CFTY DF CHULA VISTA, CALIFORNIA, has
previo,,_sty adopted its Resolution of inte,~ion ~nd =s~ed an ~ssessment for ce~ain wD~k~
'Munig~al tmprDveme~ A~ Df ~913", ~g Divisi~ 12 of The S~ ~nd High~ys Code
:~ ~ B~[e of CaiifD~a; said ~ial ass=~m di~rim ~Dwn and ~eSign~ed ~s
WHEREAS, subse~lu-~nt -to the confirmation of ~he ~essme~ ~nd a~er ~he
impro~me~ ~em ordered, ~ during ~he pendency of ~hese ~roceedings, ~ ~s been
dete~d that ~he ~D~ Df a~uirin~ =~ain improvements ~in~=~d by ~he ~sse~ment
Di~ri~ wes less ~han ~he e~imated co~ Df acqu~s~i~ ~f such Jmprovemen~ es reflected in
~inal 5ngineer'~ ReDD~ and upon ~ich~he ~sses~ were based; a~d
~V'F~-RT-AS, subsequent 'to 'the =onfirmation of the e~es~ent and ~er the
imprDvame~ ~ere ordsred, b~ durin9 ~e pendenry ~ ~hese ~roreedings. it has aisc been
dete~d ~ ce~a~ ~a~ceJs w~hin ~Ja ke Gr~P~ ~hase It corem onty ,refe~ed ¢o as R 10
and R2D are~roposed to ~ developed wAh less equivale~ dweliin9 unKs~han ~ere projected
at ~he ~e ~e Assessment Distri~ ~s fformed ~nd, conseq~ly, such ~arce!s .were
~ssessed ~ more ~e~ improvements ~sn nm~ dire~ly and sp~ialiy ~enefK such parcels;
and
WH----REAS, 'the DtF credits KD whi:h such parcels are e~i[tted as a result of the
~:Dnfirm~d ~ssessmem. s levied 3gainst ~uch parcels exceeds -the number of dwelling units
~c~ualty ~veiDped an such :parceL; and
~.~--REAS. ~nat ~rope~ties commonly Teferred'~o ~s .~_~ ~J T4ne TTa~is ~an ~tilize 'the
~xcess DIF c~edKs ~ri_~inall¥ allocated ~D ~he above Tefemnced ~arceis; and
W':,'~'-i~EAS. Jt -ther~ore appears -~o be in 5e ~ ~ublic ~ere~ to order cz~ain
changes and ~odific~ions ~DThe prD=eedings, ~he 5n~ineer's "Rep~", ~nd ~e~ain individual
assessm~; and
~H=-REAS,~esttalmDevetopmem, Company ~'~lake-),-the owner.of certain of'those
~prope~]es -~or ~vhich the ~ssessmertr3 am proposed 'to ~ ]n~reased. ~as 5oth ~equested and
consented -to '~he :propgse:~ changes and modifi=ation~ including .-the 'increase in 'the
~ssesm'nent. s on -J:heir :p~ope~ies: and
1NHE~AS,'the owners ~f~he remainder of'those ~rope~ties~Dr-wfiich'the ~ssessments.
are prop.~sed 'to :be in~reesed (the "Non:onsenting D~mers'"), have Withheld 'their consent'to'"
/5,
Page 2
properties; end
W.'----~q. EA!;, .in ~rder-tD ~ermi~ the gKy C~un:ii ~ consider ~ ~pprD~e ~h~ ~r~p~sed
changes and mDdfii~i~ '~ ~he necessity f~r ~ nDti~d p~ii~ hearing, ~ke has
TenUred ~e C~ agree ~D ffu~her amend the A;~u~iDn~ir~n~in~
May 13, ~DD4 by and ~een~he CKy~nd ~a~La~ ~ such ~gr~m~ ~as ~n ~revi~usly
amended~ d~e (the 'A=~u~s~ion~inan~ing Agreeme~'}~o provide (a)~at~he ~y withhold
~he ia~ .pe~e~ d~ ~o ~astiake ~ereunder flor ~ ~quisitiDn
financed ~gugh ~ ~sessmem Di~rim 'No. ~1 Jthe '~ld ~em'}, (b) ~hat
~a~lake ~e~es~ ~e~ funds .w~h ~he g~y in ~e ~D~ Df CaSh
amount wni=h when ;ombined w~h the W~hheld ~a~Bnt .will be~icient ~D~ay~e debt
~grvice .d~ ~ Mar=h 2, I~7 and ~sr 2, ~7 and ~o ~11 impro~m~ ~nds on
March ~; 1~97 .on ~ ~mc~al ~m ~ equal ~o ~he propped .inor~e ~in
~hose ~ro~mies o~d ~y ~he ~onco~eming O~ mad (c) ~h
~o call such impro~me~ bonds on March 2, 1997 ff ~e City ~
of ~he Nonmonsenting Owners ~o ~he proposed changes and modfiications ~=lud~g ~he
increase ~ ~ asse~n~ on ~h~k ~rope~ies by ~anuary 1 ~,
W,' ,-iEREAS, .,-i~re t~es bee. n. ?resented for ccr~ideration by this City &o~cil a ~ou~h
Amendm~mtothe Acnu~ion~inancing Agrgement {tn~ "Fog~h Amendment") ~hich wouJd
~mend ~ Ac~u~s~i~n~Jnancing Agreement ~s ~r~vid~d in the ~revJ~us r~citaL
NDW, THER--~-FDR=-, ]3£ .IT ~ESDLVED AS FD~-LDW£:
SE_-'WIDN 1. -~nat-the above Ten. i-mis .are all ~T~e and corra--'t.
SECTIDN 2.
T~-~t :it is hereby ordered ~hat -the changes be made as s~ -~ot~h iin 'the
o~L~ched ~xhibA 'A'., and the ~essment ~oll ~hall ~e ~odified ~nd
~ended¢OTefis~he modific~ions as set~o~ ~said ~ibk'A',~nd
the Engineer'~ 'RepD~", assessment roll and diagram shall be modified
~ere appropriate; ~rDuided, ~owev~r., ~he ~=r~se in %he ~essmen~
~ived ~he ~en cogent ~ ~u;h ~on~e~ing 0~o ~h
SE-r-FIDN 3.
mid ~changes and modifications are ,~er~by ordered ~ursuant ~v~the
;prDv]siol%S Df Se~on 1 D352 Df ~ ~ee~ ~igh~ ~ode. Such
=hanges and modifications will result in ~n in~e 'in ce~in ~dividual
~men~, h~wever, this C~y Council finds ~hat~he DW~ df such
~op~ies have Teque~ed .a~ consented ~ such ~ng~ ~nd
~DdEicatiD~ ~ciuding ~he ~se ~n ~ m~e~ =n ~eir
~Dp~ieS Or ~he .increase iin
=~dKional upon ~he Tecei~ Df SUCh CO~e~ ~S ~rovided ~ ~e ~ou~
Amendme~
SE~TIDN 4. Ti-~t ~aid changes and modifi~azior~s, as sD ~rdered, ~r~ Jn -the ~best
~er~sts z)f ~he ,~roper~y o~mers -within ~he :boundaries of -the
Page
~EE~TID N .~.
~=-CTIDN 5.
SECTION 7.
· Assessment Distri.-'t and the ~essment roll and Engineer's "Report',
~s modified pursuar~t ID Se~i~ 1. her~inabDue, shall ~h~r~a~er ~and
~ ~e *'RECD,' ~or .ali ~m~uenI ~r~c~din~s .~el~ing =o ~h~
Tha~ n~ ~ublic hearin_q is re~uirad for zhese changes ~nd modific~ions
inasmuch as said mudEicati on~ men,he i~ and requireme~ ~f sald
Se2ion 1D~B2 ~ ~e S~e~ ~d High~ Code, and ~ ~ ~er
hereby determined ~at ~aid =~g~s and mDd~icaliD~ am '~ ~he
publis i~erem and 2onvenienre for lhe ~essme~ Di~i~ and
~rD~e~y Dwne~ z~e~ed ~her~by.
That said changes and mcdh--:~tions ~s sm for~h in ~he ~pmViousty
-t~uch ~ ~id changes s~ll modfiy .Dr eti~ie :e~in
improvemen~ and %hereby reduce~e e~im~d ~enef~=o be~eceived
~om ~he modeled or ~iimin~ad ~prov~m~ ~or ce~m ~ro~ies
~i~'-~he ,~am Di~i~. ~ ~s ~ereby ~ered ~ ~e savings
real,ed from ~e redu~io~ ~ Dr elimination of ~he :D~ of such
imprDveme~ 2hall b9 applied ~ a ~redit on ~ individual a~ssman~
~ursuant zo S~rem~ and _High~¥s Code Ss~ion 1 ~7_1_
'Monies, es appropriate, shall be '~ransferred ~rom'the :lmprDvement ~Jnd
-zo 'the Redemption ?und To call bonds as ~_c~ar¥ so ~ff~ ~he
~ppropfiate cred~ against a~essments ~ set ~o~ in Se~ion ~
~era~abDve.
-i-hat The -form Df ~he ~=D~Th Amendment is :hereby approved
substantially in ~h~ fD~ subm~d. The ~ayDr ~ hereby a~h~rized ~D
~x~e the final iDrm Df such amandmem
C~y~anger,, subje~o~he ~e~w of~he.A~g ~y~Dmey a~ ~ond
· Co~el. is ~hD~ed ~o appro~ :hang~ 'in such ~ndme~ ~eemed
ID ~ ~ ~e ~ ~ere~ ,~ ~ C~y. such c~ges ~o ~ ~denced ~y
~he e~c~ion of such am~ndme~ ~ =Dpy ~ ~he ~J ~o~ ~ such
ame~me~ shall ~ ke~ ,on ~e
~o~ ~s Documem %0. -CO9~13D ~nd ZD ~m~n a~fla~le for public
i~ion.
ApprDved as'tp form .by
ATto Y. 'Moc~r~
A=ing City ATtorr~.y
/7
r-aQe ..
Exhibit. /-"
Þ.sses5mem DisHi::: t~D. .94-1
A::Quísition CDs;.
I lOT AL ASSSSMENTS II
Cl1Trem Modified
- ¡ .-êONSTRUt;Tl0N r:oSiîl
, .5tre-...s. GTilòing. l.an!is:::aoing, .and Dry Utilities I ~1 ,80.<:,343.00 I ~1 .504,395.65
I Water I ~3E2,3A5.00 -"31.547.00 I
I Sewe' I ;$177 ;EO.OO I $51,423.00
., StormD:'ain I :$1,21.4;505.00 I .$329,E74.00
Re::taimed Water .$15B,S0.00 , $100.282.00
I DIF 'S~ I .$1 ;ì53B,Z3B.00 I :$1.346.253.55
I 5UDtO1:al ::DnsTTu::rion :D51 I .$5,'377231.00' .$ 3 ,Ti3 ,-443.20
IContinpen~y nO%J I $537.733.10 $210,998.11
ï TOTAL COI\!STRUC'TION COST I $5,E15,054.1D I .$3,984.447.31 I
,Nr:IDENTALEXP.ENSES I I
I 1. r;iviIEnpine-..ring I $.275.25E2,D0 I :0.225,432.03
/'2. Soils Enpine-..rin..g , :$.B1 ;B-2':.!!1 I $71 ,S64.J!:B
.3. 5UTveying :$:95,-56.36 $55,217.11
-4. Dry lItilities :;npi""-ering I :$15':;01.00 :$10;085.75
5. l.ands::aoing "'r=hITe~1 I $35.505.00 .$4,:848.89 :
.!-E. f>.ublic Agen:y /Proj 1IIIgrm -& = £ng) I .$7B,D00.00 I :$135;753.30 ¡
:17. J>Jan!:her:Ic¡,1:ityrees ,I iSB5,-E21.00 .$1:24,:975.5;3
: I :8. cnv flDnds :1 $32.:li,7.;D0 :$1!!,4.22.B7
11 E. !land J'riming. Senti::ing '& TiegistTiltion $":IV, .DDODO $":IV,ooo.oo
1D. Priming ~ Juivenising ::$1.000.00 $1,000.00
~I 11. Bond Counsel I :$3.9,586.00 :$39,734.-60
I 1.2. Assessmem Consuhing I :$10DDO.00 ,I $1,,118.38
I 13. ï=inan::ial Consu!¡am ~2,000.00 I .$5.4,005.00
I 14. DIF f>rDje::t City 1O.òminiStTiltion I :$36;055.00 I $3.1:91 .B7
I 15.Dír- :Support I :$S5.D20.00 $35,020.00
TDtaI In::idemals I 'SB37,'VS27 '$850,470.B7
/$
,~'1 .'1 .DO
,($7_~4 ,-/~7.:~D;
*~4 5DS,:BSC~D
i
/?
'l
MD~]F]_=,=) ASS£SSMENrf'
FUN~ ND.
511'5
.3t~
~13177
-~D1D
PaBe ~
1
'i
J
PASSED, APPRDVSD, and ADD?F£D by ~-n.e Sity CDunzil o'~ the CKy of ChuJe Vi~
Shirle ZHorton,
~ Ma yDr
_~everiy ~..Authglet, City Clerk
STAT'~ DF .CALIFORNIA )
CDLIN'TY DF SAN Z)I~GD ) ss.
CITY DF CHULA VISTA )
I, =,everiy A. Authelet, City Cterk of the City of Chui~ Vista, Cali~omia,-do hereby certify~hat
-the ~oregoin~ .Resolmion 'Nm ~ 8379 ~as duty .pa~ed, approved, ~nd ~dopted ~Y the 'CKy
Court=il ~ ~ TegUlar me~ing of ~he Chula Vi~a ~y Council .held Dn ~e Bth day ~f Augur,
day of ,August,
~everty A./ Autheiet, City .Clerk
.27
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THIS PAGE BLA~NT,~
ATTACHMENT
ATTACHMENT 2
LACK OF ADEQUATE INDUSTRIAL ZONED LAND
ISSUE PAPER
PREPARED BY: COMMUNITY DEVELOPMENT DEPARTMENT
ECONOMIC DEVELOPMENT DIVISION
TABLE OF CONTENTS
ISSUE PAPER
LACK OF ADEOUATE INDUSTRIAL ZONED LAND
IN CHULA VISTA
INTRODUCTION
II.
III.
IV.
VI.
THE IMPORTANCE OF INDUSTRY TO A COMMUNITY ...................... 1
A. "IMPORTED" DOLLARS ....................................... 1
B. HIGHER PAYING JOBS ........................................ 1
C. "SPIN-OFF"BENEFITS ........................................ 2
ADOPTED CHULA VISTA PLANS RELATED TO INDUSTRIAL DEVELOPMENT ........ 3
A. CHULA VISTA GENERAL PLAN ................................... 3
B. ZONING ORDINANCE ......................................... 4
C. GENERAL DEVELOPMENT AND SECTIONAL PLANNING AREA {SPA) PLANS ...... 5
D. REDEVELOPMENT PROJECT AREA PLANS ........................... 7
1. Bayfront ............................................ 7
2. Otay Valley Road ...................................... 8
3. Southwest .......................................... 9
ONGOING INDUSTRIAL DEVELOPMENT EFFORTS .......................... 9
A. CHULA VISTA ECONOMIC DEVELOPMENT PLAN ....................... 9
B. BUSINESS OUTREACH ACTIVITIES ............................... 10
C. HIGH TECHIBIOTECH ZONE .................................... 10
D. WESTERN REGIONAL BIOPROCESSING CENTER (WRBC) ................. 11
E. BORDER ENVIRONMENTAL COMMERCE ALLIANCE {BECA) ................ 11
F. REDEVELOPMENT ACTIVITIES .................................. 12
INDUSTRIAL LAND SUPPLY IN CHULA VISTA ........................... 12
A. TOTAL SUPPLY AND PROJECTED NEED ............................ 12
B. LACK OF LARGE PARCELS .................................... 14
C. LIMITED BUSINESS PARKS .................................... 16
D. OTHER IMPEDIMENTS TO DEVELOPMENT .......................... 16
E. PROPOSALS WHICH COULD FURTHER ADVERSELY IMPACT INDUSTRIAL LAND
SUPPLY ................................................ 16
INDUSTRIAL DEVELOPMENT TRENDS ................................. 17
A. SAN DIEGO REGION ........................................ 17
B. SOUTH BAY .............................................. 18
HOW CAN CHULA VISTA ADDRESS THE INDUSTRIAL LAND SHORTAGE? ........ 19
A. OTHER CITIES' APPROACHES .................................. 19
B. EXISTING POLICIES REGARDING CONVERSION OF INDUSTRIAL LAND ........20
C. STAFF RECOMMENDATIONS ................................... 21
ISSUE PAPER
LACK OF ADEQUATE INDUSTRIAL ZONED LAND
IN CHULA VISTA
INTRODUCTION
During the past 6 years, the San Diego region bas been in an economic recession. Industrial activity has been
slow, with little to no absorption of industrial space or land. Our economy is coming back. Industrial land is
moving again. In 1992 only five acres of industrial property sold in the County. In 1996, 800 acres sold and
in just the first seven months of 1997, 700 acres have been sold for development. Today, San Diego County
is faced with a decreasing supply of "deliverable" industrial acreage (able to be developed in the immediate
future) and an increasing industrial demand which is projected to further increase in the next few years.
Currently, there are approximately 1400 acres of industrial acres available for development in the County. If
development occurs at the same pace as in 1996 and 1997, this is only a two year supply. Additionally, there
is a shortage of sites that are 20 acres or larger. According to Gruhh & £11is, there ore only throe areas
left in the County with property available over 2g contiguous acres. Poway, Otey Mesa and EastLake
in Chula Vista. This is critical because San Diego County has the opportunity to capture the manufacturing
end of the high tech and biotech industry which have large acreage requirements. But if the region does not
provide adequate acreage for these new facilities, the companies will leave the region and possibly the State.
As previously noted by the City's Economic Development Commission, Chula Vista faces this same dilemma on
a local scale. In 1993, a market study was prepared by William Kuelbelbeck and Associates (WKA) which
concluded that, in order to achieve a recommended 50 year supply of industrial land, 200 additional acres were
needed in the City's industrial inventory. Since that time, approximately I7§ acres of planned industriallend
have/~een converted to other uses. Today, proposals exist to rezone even more industrial land to residential
or other non-industrial uses, leaving an extremely limited developable supply. As supply has dwindled, demand
for industrial land in Chula Vista has re-emerged at a significant level.
Community Development staff has received several recent site inquiries from companies ranging from non-
manufacturing to biotech manufacturing. In almost all cases, we have been unable to offer them a site that
meets their needs. These requests have brought to the forefront the inadequacy of deliverable and desirable
industrially zoned land in Chula Vista. Adding to the problem are impediments to development facing most
existing industrially zoned parcels, such as lack of infrastructure and costly, lengthy entitlement requirements.
it is imperative at this juncture to evaluate the need for industrial development opportunities within the City,
Chula Vista's current industrial land and building stock, and existing land use policies which impact our industrial
inventory and our ability to respond to business needs. An understanding of these issues is critical to the City's
ability to capture immediate economic development opportunities, as well as to updating and implementing an
aggressive short and long term Economic Development Strategy and Economic Development Marketing Plan.
This paper is intended to provide Council with an overview of why industrial uses are important to a community,
how Chula Vista has planned for such uses, concerns regarding an industrial land supply inadequate to meet
current and future demands, and suggested short- and long-term approaches to address this industrial inventory
shortfall.
I
I. THE IMPORTANCE DF INDUSTRY TO A COMMUNITY
A. "IMPORTED" DOLLARS
Knowing the structure of the local economy and its underlying dynamics is essential in order to
develop public policies which promote the economic vitality of a City. The local economic base is
composed of producers and consumers. Producers are the businesses which provide products or
services to individuals or other businesses. Consumers are the individuals er businesses that
purchase the product or service. Among the producers, there are a number of business sectors
ranging from manufacturing to retail trade. Producers are further distinguished by those which are
Inca/ser¥ing (have customers within the community, such as service providers and community-
based retailers) vs. export (have customers outside of the area, such as manufacturers). Local
serving producers recirculate dollars within the region. Export serving producers, known as "primary
industry," generate products and services that can be exported outside the community and therefore
bring dollars into the region. Businesses such as manufacturers of exported preducts that
bring new wealth to the community ars be~ter economic engines than those that mers/y
recycle the se/ne
B. HIGHER PAYING JOBS
Both commercial and industrial operations are essential for a healthy local economy. Each provide
benefits to their host city but in different ways. The primary benefit of commercial businesses is
sales tax revenue. The pri/nary benefit of industrinl businesses is the direct crsatJon of high
paying jobs, which raise the area's standard of living. According to SANDAG's "REGIONAL
ECONOMIC PROSPERITY STRATEGY," and using 1991 dollars, the manufacturing sector pays an average
wage of 828,093 per employee, whereas the service sector pays an average wage of 816,406,
The average manufacturing wage in San Diego in 1994 was 835,068; and the average retail wage
was 814,629.
The significance of maintaining a strong industrial base can be illustrated by the San Diego regional
economy. The San Diego region has lost ground in its standard of living over the past decade. In
the 1970's, the San Diego region's per capita income was 15% higher than the California average
and 35% higher than the U.S. average. By the 1990's, San Diego's per capita income was less
than California's and was only slightly higher than the national average. (At the same time, San
Diego's cost of living is 20% higher than the national average.) In totals of average annual wages,
San Jose ranks highest of the 311 metropolitan areas in the U.S. with an average annual wage of
842,409; San Diego County's average annual wage is 827,845; Chula Vista's is 828,371.
As a result, the 1994 SANDAG Economic Prosperity Strategy emphasizes the need to encourage
"high value added employment" as provided by manufacturers. Accordingly, the San Diego region
has adopted a strategy to target high technology industry clusters whose wages are significantly
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higher than the regional average. These industries represent an opportunity to create sustainable
economic prosperity in the region. The chart below illustrates the income levels of certain of these
targeted industries.
# EMPLOYED
INDUSTRY
IN REGION
Telecommunications 12,000
Biotechnology 24,000
Electronics Manufacturing22,000
Defense Manufacturing 21,000
Software 10,000
AVERAGE WAGE-
% HIGHER THAN
REGIONAL AVERAGE
68%
4O%
56%
4t%
69%
Chuia Vista has, for the past few years, targeted the biotech industry and the environmental
technology industry, based upon our ability to offer advantages to these clusters and the benefits
these value-added, high paying employers can bring to our City.
C. "SPIN-OFF" BENEFITS
In addition to new quality jobs created directly by industry, industrial businesses generally also have
greater "spin off" benefits, i.e. jobs and revenue generated indirectly by the new business. For
example, both the new business and its employees will require additional goods and services, which
in turn will create the need for more workers and generate more tax revenues.
Multipliers are commonly used in determining the number of "spin-off" jobs generated by an
employer. Multiplying the number of jobs at the new facility by the appropriate multiplier provides
an estimate of the total impact on employment in the region. For example, an industrial company
hiring 100 new employees, with a multiplier of 2.1, is estimated to indirectly create an additional
210 jobs, for a total of 310. The California Trade and Commerce A§encj! m#ltipliern he/ow
i//llstrnte the diff~rnnce between industrial end commercial~oh creation.
INDUSTRIAL MULTIPLIER
Electronic equipment 2.10
Electronic components 1.87
Aerospace 1.71
RETAIL MULTIPLIER
Wholesale Trade 1.48
Retail Trade 1.41
Eating Places 1.33
SANDAG's emphasis on Value-Added Employment pertains not only to wage levels, but also to
employee-related taxes and growth management. SA#DAG's studj, indicates that the service
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sector pays 40~ less Jn taxes per employee then does the manufacturing sector, This means
public revenues per capita are greater from manufacturing employers. In terms of growth
management, SANDAG indicates that for every ~! mil/Jan increase Jn demand for "services,'
the region requires more than 2. I/2 tJmss the number of employees then Jt does for
producing "goods,' Thus, there is less population growth to manage (plus greater public revenues
and higher wages - for a higher standard of living).
Ii. ADOPTED CHULA VISTA PLANS RELATED TO INDUSTRIAL DEVELOPMENT
Several planning and policy documents have been adopted by the Chula Vista City Council which address
the need for industrial development, as well as related Deals and strategies for encouraging industrial
recruitment and expansion. In order to put this analysis of industrial inventory in context, these existing
plans are summarized below.
A. CHULA VISTA GENERAL PLAN
Land Use Element
The General Plan's Land Use Element contains 10 goals. Goal #1 pertains to the "Economic Base
of the City," and states the need to "have a large and diversified economic base, while
maintainino or increasing the existing sources of employment." Among this Goal's objectives
ara:
Objective 1.
Objective 2.
Objective 4.
Objective 5.
The General Plan's Land Use Element defines two industrial land use categories.
categories are:
"/dent/fy potent/a/ areas for location of new light manufacturing and high
technology businesses and facilitate their development."
"Where land is currently occupied by marginal industrial uses, encourage
replacement by higher value-added users."
"Continue the orderly industrial redevelopment of the Otay Valley Road area."
"Provide employment opportunities in large scale planned communities such as
East/ake, Rancho [2el Rey, Sunbow and Otay Ranch.,
The land use
Research and Umited Manufacturing:
General Industrial:
"This category includes research and development, light
manufacturing, warehousing, and flexible-use buildings,
which combine the above uses with office space."
This category includes all uses identified for Research and
Limited Industrial plus light manufacturing operations,
large-scale warehousing, transportation centers, and public
utilities.
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The General Plan Land Use Diagram provides for 2,029 acres of Research and Limited Manufacturing
and 375 acres for General Industrial (see map, Attachment 1).
Growth Manaeement Element
The General Plan's Growth Management Element identifies the following as one of 6 key concerns:
"Expanding and refining the City's economic structure so as to provide for · healtAy,
regionally competitive local economy and employment hose." This key issue is expanded upon
as follows: "Development in the Eastern Territories, Bayfront and downtown revitalization all
provide Chula Vista a variety of opportunities to diversify and revitalize the City's mix of commercial
and industrial uses, supply local employment for a range of economic groups, and improve its
competitive position in the region." One of Chula Vista's mom innovative efforts to integrate growth
management and economic vitality is the use of 'Economics' as one of the Threshold Standards
adopted in 1987. Among the Growth Management "Healthy Economic" policies adopted by Council
are:
Policy 2.b.
"Conduct a periodic economic assessment for the City as a whole to
include:
1)
2)
4)
6)
Profile of economic structure as relates to ... demographics and
employment base
Profile of surpluses and deficiencies in local economy ...
Vacant land available for commercia/iindustrial/maflu£acturin# development
Summary of commercial/industrial development costs and Chula V/sta'$
comparative (competitival position in the region"
B. ZONING ORDINANCE
The City of Chuia Vista Zoning Ordinance implements the two Land Use Categories discussed above.
The Ordinance allows four industrial designations. These designations and their allowed uses are
listed below:
Umited industrial (IL)
Manufacturing, assembling and packaging products from
previously prepared materials; wholesale business; and
laboratories, among others.
General Industrial {I)
Any manufacturing, processing, assembling, research,
wholesale, or storage uses, except those otherwise
prohibited.
Research industrial (i-R)
Laboratories, and manufacturing and assembly of
electronic instruments and devices.
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Planned Community Industrial {PC-I).
Within the master planned communities of EastLake,
Rancho Del Rey, Sunbow and Otay Ranch, this designation
allows light manufacturing, warehousing, flexible use
buildings, public utilities, limited amounts of restaurants
and office-oriented commercial uses.
C. GENERAL DEVELOPMENT AND SECTIONAL PLANNING AREA (SPA) PLANS
General Development and Sectional Planning Area (SPA) plans for the master planned communities
of EastLake, Rancho Del Rey, Sunbow and Otay Ranch address the need for industrial uses in order
to provide employment opportunities. These Plans which are intended to implement the City's
General Plan policies define the areas in which industry should locate. Past events and current
issues have and are impacting industrial development in these areas and are discussed below.
EastLake I (200 acres)
The EastLake I Sectional Planning Area (SPA) Plan was approved in 1992 as part of a larger
development area (3,073 acres). EastLake I was designed to provide significant employment
opportunities to encourage residents to work within their community. The EastLake Business Center
is a two-phase industrial park consisting of approximately 20§ acres (see map, Attachment 2a).
Phase I (100 acres) is fully improved. Approximately 70acres in Phase I have been developed, with
44 acres remaining for sale. Most of these lots are 1-2 acres (see map, Attachment 2b). The
adjacent Phase II (100 acres) is ungraded and unimproved. Development within the EastLake
Business Center has been virtually non-existent throughout the early 1990's. This is a result of the
national recession and defense cutbacks, reflecting the lack of industrial development throughout
the entire county and the state, and also reflects the postponement of SR 125. Since 1996, the
demand for industrial property countywide has dramatically increased. In EastLake, in 1996, Retail
Systems International (RS]) purchased a 22,000 sq. ft. building which had been vacant for several
years. RSI is now considering expanding further and purchasing additional acreage. A new INS
office building is being constructed and there have been recent negotiations with other prospects.
However, because many companies (including high tech and biotech) require parcels over 10
acres, Phase I is unable te accommodate them (the largest parcel is 4 acres). Phase Ii
could accommodate these users but is not entitled or improved and, for all practical
purposes, has not been offered for sale to industrial users since the economy has shown
recovery.
The EastLake Business Center (Phase I and II) has a High TechlBiotech Zone overlay, approved by
Council in 1995. The purpose of this Zone designation was to help market this area to targeted
technology-based industries and to offer specialized incentives. Staff is aware of at least 3 biotech
companies currently seeking 30+_ acre sites, as well as other interested manufacturers.
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Rancho del Rev
In 1985, the Rancho del Rey SPA I plan was adopted and set aside 84 acres for the Rancho del
Roy Business Center in order to provide jobs for local residents. In 1992, during the peak of the
recession (County unemployment was at its highest since 1980), and with the Business Center
stalled, 55 acres were rezoned to commercial. The resulting "power center" anchored by Home
Depot, Price Club and K-Mart, created 1,22o new jobs and has Denereted approximately 81.2 milJion
in net new sales tax revenue annually. There are only 11 acres of industrial property
remaining. With the market pressures to develop these "in fill" parcels as commercial uses,
these acres may face elimination in the future.
Sunbow II (602 acres):
The General Development Plan for Sunbow II was adopted in 1989 and the Sectional Planning Area
{SPA) Plan was adopted in 1990. A 46 acre research/development and light industrial park site was
planned, estimated to generate 2,800 jobs. Negotiations are currently ongoing to convert
approximatsi¥ 50%, or 23 acres, to a recreational use. This limited amount of contiguous
acreage {23) presents major obstacles to the development of a business park.
Otav Ranch (9,100 acres in Chula Vista):
Most of the industrial land uses in the Otay Ranch General Development Plan are located on the
Otay Mesa within the City of San Diego. Within Chula Vista, 232 acres are designated for light
industrial uses in Planning Area 18b and Village 3 located on both sides of Paseo Ranchero, north
of Otay Valley Road (see map, Attachment 3). Business Park uses (primarily R&D type) are
permitted within the 236 acre Eastern Urban Center (EUC), adjacent to SR 125. This intense urban
area is envisioned to accommodate regional retail, office and some residential in mid to high-rise
structures. Villages 9 and 10 have been set aside for a university campus (698 acres). Research
and development uses are also permitted in Villages 9 and 10, along with support commercial and
residential, if tied to the Universitv. (While industrial uses are permitted in the EUC and in Villages
9 and 10, no acreage has been identified for these areas. Therefore, there is no guarantee
regarding future availability for industrial uso except for within the 232 acres of Planning
Area 18b and Village 3. The primary obstacles to near-term industrial development in the Otay
Ranch are lack of entitlements and infrastructure, as well as mixed ownership and uncertainty
regarding the owners' future plans. Most recent communication by staff with the
representatives of the owners of Areas 18b and Village 3 indicates no near term plans to
develop. As a result these properties are not currently deliverable,
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REDEVELOPMENT PROJECT AREA PLANS
1. Bayfront
The Bayfront Redevelopment Project Area (see map, Attachment 4) was adopted in 1974
to address blighting conditions including degradation of the coastal environment, depreciated
property values, soil and water contamination, and the lack of public improvements. The
project area includes a variety of land uses including industrial, office and commercial. The
Bayfront Redevelopment Plan expires in 1999. Currently, the Plan is being amended to
extend the life of the Plan to 2014 and to expand the boundary to include the adjacent
tidelands owned by the Port District.
The existing Bayfront Redevelopment Project Area, comprised of the Midbayfront, most of
the Rohr campus, and SDG&E, combined with the Project Area expansion, i.e. the Tidelands
properties, provides a tremendous economic development opportunity. It also poses major
challenges. Impediments to development in the Bayfront include ongoing multiple replanninD
efforts, environmentally sensitive habitat, Coastal Commission and other entitlement
requirements, lack of infrastructure and access, possible contamination, incompatible uses
and visual blight. Access and circulation issues are also problematic, including the lack of
linkages between the northern and southern Bayfront properties.
In terms of the Midbayfront, the current LCP and Specific Plan require extensive
environmental mitigation, development of public improvements, and long-term mitigation
monitoring which may hinder the ability to create a feasible development proposal. Any
major deviation from the approved Local Coastal Plan (LCP), General Plan and/or
Redevelopment Plan will require additional environmental study and appropriate amendments.
in regards to the Tidelands area, two separate planning processes are currently underway:
1) the Port District Master Plan Amendment, LCP Amendment and related EIR for 80 acres
(50% of Tidelands property) to expand allowed industrial and commercial uses; and 2) the
Redevelopment Agency's expansion of the Bayfront Redevelopment Project Area to include
all of the Tidelands, and the related EIR (for the area not covered by the Port's EIR).
These planning efforts are complex and potentially conflicting, and inject significant
uncertainty into the near-term development process. Development of the area south of H
Street to be vacated by Rohr is also complicated by possible contamination issues, the need
for demolition, an SDG&E easement which runs through the property, and the presence of
high tension wires. Further, contributing to the uncertainty are questions pertaining to
Rohr's recent sale to B.F. Goodrich and how that will impact the Rohr facility's future in
Chula Vista, Rohr's closing of operations south of H Street, and/or the planned extension
of H Street to Marina Boulevard.
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Preliminary discussions among the various Bayfront stakeholders have identified the need
for a re-master planning of the entire Bayfront area. There are also preliminary
environmental planning efforts beginning for the South San Diego Bay Refuge, an area
shown in Attachment 5. All these issues hinder the ability to deliver a specific
Bayfront site to an industrial user today with any assurance of its feasibility,
timing or cost. They also put into question how much land will be available for
industrial uses in the future.
An enormous opportunity exists with the SDG&E site (approximately 150 acres). With
the prospect of a sale by ErdOVA, the City needs to evaluate what future land uses
should be allowed, and whether or not high tach (or other) industry should be
included.
2. Otay Valley Road
In 1983, the Otay Valley Road Redevelopment Project Area was formed to eliminate
blighting conditions which were impacting industrial development in the area {see map,
Attachment 6). When the Project Ama was adopted in 1983, this area represented the
largest resource of underdeveloped urbanized property in the City zoned for industrial
development (322 acres). Although industrial development has occurred and progress has
been made to reduce blighting conditions in the project area, impediments to industrial
development remain, including hazardous waste, changing and incompatible uses, traffic and
access issues, and environmentally sensitive habitat.
Several projects in the Otay Valley Road region (both in the Project Area and adjacent to
it) have resulted in the loss of over 120 acres of industrial land, these include the Auto
Park, the White Water Canyon theme park and the MCA Amphitheater. These projects
have created a new commerciallentertainment synergy in the area that may
influence future development of the remaining 120 industrial acres in the Otay
ValleylOtay Rio area as well as the future development of the industrial area in
Otay Ranch, Village III and 1BB (232 acres). Phase I of the Auto Park (within the
Project Area) converted 20 acres and Phase II is expected to conven~ between 20-30
additional industrial acres. The Otay Rio Business Park (adjacent to the Project Area)
encompasses 130 acres and was designed as a master-planned industrial park with lots
ranging between .7 to 4 acres. Approximately 100 acres have been converted for the
White Water Canyon theme park and the future MCA Amphitheater. (Recreational uses
were allowed with Conditional Use Permits.) There are approximately 30 industrial
acres remaining which are owned by the Water Park, and which will likely be
converted to commercial zoning to accommodate water park expansion or a
complimentary recreational use.
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3. Southwest
In 1990, the Southwest Redevelopment Project Area was created in order to eliminate
blight which negatively impacts industrial and commercial development and to implement the
Montgomery Specific Plan (see map, Attachment 7). Blighting conditions in the project area
include inadequate public improvements; non-marketable properties due to poor access,
inadequate lot sizes and shape; deteriorated commercial, industrial and residential buildings;
incompatible mixed land use; and visual blight. An economic, land use, and zoning study
is being prepared which is intended to examine and provide recommendations focused on
revitalization of industrial and commercial properties along Main Street and Third Avenue.
Opportunities to interface with the future Otay Valley Regional Park may provide increased
interest in areas south of Main Street. Planned economic development efforts include
creating loan and/or grant programs geared towards small business owners, Main Street
widening, and redevelopment of Agency-owned parcels on Broadway.
III. ONGOING INDUSTRIAL DEVELOPMENT EFFORTS
The Community Development Department offers businesses site selection, financial, permit processing, job
training and other market-related assistance. The Department has been promoting industrial development,
in accordance with the City's Economic Development Plan and Redevelopment Plans, for many years with
initiatives such as the High TechlBiotech Zone and the Border Environmental Commerce Alliance (BECA), in
addition to citywide image enhancement efforts, business attraction and assistance programs, and
redevelopment activities. These efforts have been predicated on assumptions related to the availability of
appropriate, developable industrially zoned land. The current lack of industrial inventory suggests the
need to reevaluate our short-term industrial recruihnent strategies and related marketing efforts,
address short-term land use conversion proposals, andlor augment and upgrade our industrial land
and buildino supply over the long term.
A. CHULA VISTA ECONOMIC DEVELOPMENT PLAN
The City's adopted Economic Development Plan specifically addresses the importance of industry
to Chuia Vista. The Plan's Mission Statement is: "To enhance the quality of life in Chula Vista
through the promotion of a strong local economy offering employment and business opportunities,
and a healthy, diversified tax base vital to supporting city services." Among the Plan's six goals
are to:
1 - Identify the existing economic base and target new business and industry
2 - Develop land use and infrastructure strategies to support economic
development goals
3 - Develop a comprehensive marketing and pub]lc relations program to attract
job and revenue generating business and industry
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Develop a proactive business assistance program to encourage business
retention, growth and expansion
B. BUSINESS OUTREACH ACTIVITIES
The City's adopted Economic Development Marketin# Plan reflects the Council-adopted Economic
Development Plan's Goals and Objectives. Industrial business outreach efforts to date have been
based upon the following assumptions:
1) Chula Vista wants to recruit desirable industry and to help local businesses
to expand and prosper
2) Chula Vista has the ability to "deliver" these businesses land suitable for
development (physically and economically)
The City's Marketing Plan includes general image enhancement and business attraction activities.
Examples include "image building" advertising, press releases, promotional video, attendance at trade
shows, etc. These types of activities contribute to both the City's visibility/name recognition, and
to a more positive profile, and benefit its commemial, residential and industrial development efforts
on a long term basis. Additionally, the City, for the past several years, has undertaken targeted
marketing activities to reach our targeted industry clusters - environmental technology businesses
and biotech manufacturers. Specifically, the City has promoted BECA services and the High
Tech/Biotech Zone sites and incentives to these targeted audiences.
Staff suggests that the City's business attraction efforts be reevaluated in light of the
current shortage of deliverable land. In particular, marketing of the High TechlBiotech Zone
needs reassessment in light of the shortage of deliverable industrial parcels larger than four
acres.
C. HIGH TECH/BIOTECH ZONE
Chula Vista's High TechlBio Tech Zone is an incentive program that was developed by a Task Force
of staff, biotech industry experts and the EastLake Development Company, and chaired by the
Mayor. The Zone was formally created by Council {by ordinance) in 1995 and is comprised of the
EastLake Business Park, Phases 1 & 2 (200 acres). The Zone was designed to encourage high
technology industries, including biomedical and biotechnical manufacturing companies, to locate in
Chula Vista. The program offers advantages such as expedited development review, uninterrupted
water supply, negotiable financial assistance, and the planned Western Regional Bioprocessing Center
(WRBC), a shared-use, biotech contract manufacturing and training facility.
The High TechlBiotech Zone was proactively planned to meet the needs of San Diego Biotech R&D
companies transitioning into manufacturing. This was projected to occur in 3-5 years from the Zone
concept's inception. The Task Force's projections were "on target" - demand for biotach
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manufacturing space is now emerging. Within the past year, staff has been aware of 3 San
Diego biotech R&D companies seeking sites for their first manufacturing plant. Each requires
approximately 30 acres. Because of the multi-year, public/private planning effort to proactively
position ourselves to compete successfully for these highly desirable firms, we are now experiencing
requests by biotech and other technology firms to be shown sites in the EastLake Business Center.
Unfortunately, Phase I lacks adequately sized parcels for most of these users and Phase
II, for all intents and purposes, has not been available since the demand has emerged.
D. WESTERN REGIONAL BIOPROCESSING CENTER (WRBC)
The WRBC has been planned as the corner stone of the City of Chula Vista's High Tech/Biotech
Zone at the EastLake Business Center. WRBC is being organized as a non-profit scientific research
organization with two primary functions: to provide specialized biopharmaceutical manufacturing
education, training and reseamh programs, and to promote regional economic development. As
planned, WRBC will offer biopharmaceutical research, development and production services to the
pharmaceutical industry. San Diego State University and the 22-campus California State University
Program in Biotechnology Education and Research (CSUPERB) will administer the academic and
training programs at the Center. The WRBC will provide essential infrastructure to support the
industry's transition from R&D to commercial manufacturing, including contract manufacturing
services for pilot scale product.
The City's active support of the WRBC (including seed capital funds and extensive staff time over
the past few years to assist with planning, marketing, corporate sponsorship and grant solicitation,
site selection, etc.) has been predicated upon a streteDy which envisions the WRBC as a catalyst
to create spin-off demand for land by biotech manufacturers within the EastLake Business Center
(High TechlBiotech Zone). With new indications that the property owner will be seeking to
rezone all or a portion of Phase II to non-industrial uses, the value of this strategy is
negatively impacted.
E. BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
BECA was formed to create and retain regional jobs in the environmental technology industry and
to encourage the development of an Environmental Industry Cluster in Chula Vista. BECA has been
designed to further this strategy by: 1) assisting the transfer of new cost-saving and innovative
environmental technologies to existing industry; 2) supporting the commercialization and export of
new environmental technologies and products; and 3) fostering the "incubation" of start-up
environmental companies. As a unique entrepreneurial effort, BECA has faced numerous challenges,
but is moving forward and showing much promise. In March 1997, BECA received recognition by
the U.S. Economic Development Administration for BI:CA's successful and innovative public/private
partnerships in support of defense conversion efforts in the western United States. Our first
successful "graduate" is Metallic Power, the developer of pollution-free, metal/air fuel cells. With
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IV.
City assistance, Metallic Power moved from the BELA incubator into its own facility in south Chula
Vista. Currently, BECA has 24 tenants in their incubator with an additional 5 on the waiting list.
The availability of industrial laud (and buildings) for BECA incubator graduates and business
affiliates (clientsljoint venture partners, etc.) is critical to the City's goal to create an
environmental industry cluster here in our City. Unless we can offer readily available
inventory at competitive rates, our "incubated" businesses will locate their manufacturing
plants and offices elsewhere.
F. REDEVELOPMENT ACTIVITIES
The Redevelopment Agency proactively assists in revitalizing blighted and underutilized land within
five Project Ames in the community. Three project areas include industrial uses: Bayfront,
Southwest and Otay Valley Road. Each of these areas am facing challenges to industrial
development, as examined previously in Section II C.
INDUSTRIAL LAND SUPPLY IN CHULA VISTA
A. TOTAL SUPPLY AND PROJECTED NEED
Staff has evaluated the City's available industrial land supply and estimates a current inventory of
approximately 180 to 266 acres of improved properties and 280 acres of unimproved properties.
These numbers, however, are misleading in that they include all industrially zoned parcels regardless
of impediments to development. As previously noted, staff is experiencing difficulty in being
responsive to business prospect needs due to a shortage of properties which are both readily
developable and meet the companies' site requirements. Currently, the city is experiencing a
shortage of improved, entitled sites, a shortage of large parcels and of upscale business park
settings, as well as challenges in delivering sites that are competitively priced. The vast majority
of industrial parcels are less than five acres in size which are inadequate for many users. For the
most part, the only readily deliverable sites are limited to the 20+ acres in EestLake
Business Center Phase I (these parcels are a maximum 4+ acres in size ) and a few
parcels in the Bayfront, Southwest and Otsy Valley Road areas.
In 1993, the City contracted with Williams-Kuebelbeck & Associates (WKA) to prepare a citywide
market assessment and to develop strategies for business targeting. The study identified a 39 year
industrial land supply in Chula Vista. The consultant recommended that the City consider increasing
its industrial-zoned land to a "50 year" supply, an additional 190 to 200 acres. Since 1993, the
City's supply of industrial land has significantly diminished due to rezoninDs to accommodate other
non-industrial uses (due to market demands, changing economic conditions and the need to generate
sales tax dollars). Based upon the WKA analysis, these reductions in supply result in the current
ISSUE PAPER - ADEOUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 12
I
need for an approximate 474 acres of additional industrial land. Past losses, as well as
anticipated future losses are summarized below:
INDUSTRIAL AREA
Rancho del Rey
0ray Rio
EastLake Business Center
Sunbow
0ray Valley Road
LOSS OF INDUSTRIAL LAND SINCE 1993
73 acres
100 acres
71 acres (proposed)
23 acres (proposed)
20 acres (Phase I of Auto Park)
30 acres (proposed Phase II of Auto Park)
TOTAL 317 acres
The table on the following page provides a more detailed citywide overview of industrial acreage
as it currently exists and as projected. As noted, the chart shows approximately 180-266 acres
of improved properties and 280 acres of unimproved properties. However, the chart includes all
industrially zoned parcels, including unimproved sites, infill sites, and sites with major impediments
to development (e.g. irregular size or configuration, toxic contamination, ]ack of infrastructure, high
assessments or land cost, etc.).
ISSUE PAPER - ADEOUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 13
I
TOTAL VACANT INDUSTRIAL LAND * IMPROVED AND UNIMPROVED
EXISTING EXISTING
IMPROVED UNIMPROVED
ANTICIPATED CHANGES
Western Area: Improved Unimproved
Central 18 in 0 0
Bayfront 45 ~ (45} to
+21 ~ 0
Montgomery 92 "~ 0 0
Eastern Area: Improved Unimproved
EestLake 40 80 (18)~ {55)~
Rancho Del Roy 11 161 (3)
Otay Rio 32 (32)~
(50 to
Otay Valley 90 50 (30)~8~ {50)~1
Otay Ranch (18b 232I~m 0
& Village 3)
Sunbow 46 (23)~1
TOTALS 328 408 (148) - (62) (128)
PROJECTED
NET
UNIMPROVED
ACREAGE
0
0
0
25
0
0
0
232
23
280
Majority of parcels are located near Highway 54
Figure does not include Rohr campus south of FI Street (approximately 65 acres) or SDG&E plant (approximately 145
acres)
Tidelands are being rezoned, by the Port District, to a broader classification in which industrial development is not
assured.
includes West Fairfield and Southwest Redevelopment Area
9 acres of Phase I are being optioned or are in escrow; and WRBC is proposing to acquire approximately 9 acres.
EastLake has expressed interest in rezoning 55 acres of Phase [I to residential
Originally 84 acres, 70 were rezoned to commercial for Rancho del Roy Power Center
32 acres are held by the Waterpark and will most likely be used for recreation or entertainment
20-30 acres are planned for Phase II of the Autopark; an estimated 20 acres may be rezoned for support commercial
All parcels have significant environmental constraints, including coastal sage and wetlands, which make development
impractical
Zoned Planned Community Industrial, allowed uses include light manufacturing, warehousing, flexible use buildings and
public utilities and will be further defined in the SPA
Half of the acreage in Sunhow may be rezoned for park use
ISSUE PAPER - ADEOUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 14
' i i
B. LACK OF LARGE PARCELS
The shortage of available industrial land is exacerbated by the fact that the vast majority of tho
ave//able parcels are under I§ acres, which precludes many types of industrial users such as biotech
and high tech manufacturers. The chart below shows the number of industrially zoned parcels in
the City by size categories. Only 14 industrially zoned parcels in the City are over 10 acres.
Additionally, only 24 parcels are over 5 acres (see Attachment 8), and of these only 15 are readily
#eve/opab/e (see table on following page).
Western Area:
Central
Bay front2
Montgome~
Eastern Area:
EastLake
Phase I & Il
Rancho Del Roy
0tay Valley
Otay Ranch
(18h & Village
3)~
Sunbow~, 2
TOTALS
# OF VACANT INDUSTRIAL PARCELS BY ACREAGE
ACRE <5 ACRES <10 ACRES
9 4 1
3 6 1
41 153 5
12
13 1
3 1
17 1
65 63 lO
TOTAL
10 ACRES
14
All parcels are unimproved
May be developed commercial or residential
Majority of parcels are under 2 acres
Business Park Phase II, approximately 80 acres
All parcels have substantial environmental barriers, including coastal sage and wetland area
200+ acres owned by SNMB, Inc.
ISSUE PAPER - ADEOUACY OF iNDUSTRIAL ZONED LAND IN CHULA VISTA
Page 15
I
PARCELS 5 ACRES OR LARGER
NUMBER OF TOTAL
AREA (see Map, Attachment 8) PARCELS ACREAGE
EastLake Phase I 1 5.5
Rancho Del Rey 1 5
Bayfront 3 27
Central 1 5
Otay Valley Road 3 36
Southwest 6 45
Totals 15 114.5
C. LIMITED BUSINESS PARKS
The EastLake Business Center is the only master-planned, upscale business park currently in Chula
Vista. Phase I is fully improved. Challenges are the current lack of freeway access (which will be
remedied with SR 125) and the need for planning, entitling and building infrastructure for Phase II.
D. OTHER IMPEDIMENTS TO DEVELOPMENT
in addition to the lack of large parcels, much of the available industrial property has other
constraints to immediate development, including:
- scattered, small, and irregular parcels
. environmental contamination
grading issues (cost and timing)
incompatibility with adjacent uses
limited access
- lack of entitlements; extensive
environmental analysis required
expensive assessments
- need for demolition
· lack of infrastructure
· environmental sensitivity
Impediments as they relate to each area in the City are detailed in Section II.
While efforts are being made to address these issues, the current reality is that there is
a very limited supply of deliverable, marketable large industrial parcels.
E. PROPOSALS WHICR COULD FURTHER ADVERSELY IMPACT INDUSTRIAL LAND SUPPLY
As discussed in various sections above, staff is aware of certain ongoing or anticipated proposals
which could further reduce the availability of industrial property and further limit the City's ability
ISSUE PAPER - ADEQUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 16
I
to respond to ongoinD, as well as future business demands. Pending applications cannot be
discussed here. Other proposals in the discussion stages are summarized here:
EastLake Business Center Phase II (100 ac.)
There has been discussion by EastLake over the past year regarding the possibility of requesting
a rezone of all or a portion of Phase II of the EastLake Business Park to non-residential uses. This
would eliminate up to 50% of the High TechlBiotech Zone (Phase I and II) and the availability of
anv industrial parcels larder than 4+ acres. (Most recent discussions suggest that EastLake is
considerinD requestinO a Phase [1 rezone of ?O. acres, leaving approximately 30 acres for industrial
uses.) EastLake has discontinued its joint marketing efforts with the City pertaining to the High
TechlBiotech Zone and has referred City business prospects seeking sites larger than can be
accommodated in Phase I to other properties.
Sunbow (40 ac.)
Negotiations are ongoing to rezone half of the industrial acreage for development of a park.
INDUSTRIAL DEVELOPMENT TRENDS
A. SAN DIEGO REGION
Historically, the San Diego region's industrial base was comprised of manufacturers with military
and aviation contracts. With the advent of defense spending cutbacks, and corporate down-sizino,
we have seen long time San Diego companies such as General Dynamics disappear, and companies
such as Rohr decrease from 7000 employees to 2000. These losses have created a shift in focus
to non-defense related, technology.based companies. Industries such as computer science,
biotechnology and telecommunications, mere infants 10 years ado, are now becoming the new
industrial giants. Companies such as SAIC and Qualcomm provide thousands of jobs and are still
growing.
The San Diego region has an opportunity to transfo~ itself into a globally competitive, international
economy. The San DieDolTijuana region has become the television production capital of the world.
San Diego's export sales volume has grown 361% over the past several years - a rate of growth
that exceeds both Los Angeles and San Francisco. San Diego's Gross National Product increased
to a record 879 billion in 1996 and is projected to grow to 885 billion in 1997. This rate of
growth is expected to exceed both the State and the nation.
During the recession, due to lack of demand industrial property throughout the County was being
rezoned for commercial use. In the past two years demand for industrial land has gone from
approximately 5 acres per year to 700 acres per year. The following oraph shows the dramatic
increase in the industria] and R&D market:
ISSUE PAPER - ADEQUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 17
San Diego County Industrial/R&D Market
Historical Construction Activity
1990 - 1996
2,000,000
1,800,000
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
0
1990 1991 1992 1993 1994 1995 1996
[] Under Construction E3 Planned I
According tn Grubb & Ellis, as the return of speculative and build-to.suit projects increases,
companies will find a shortage of land available for new development, especially high-tech and bio-
tech companies. Ve~, little land is available in the County that meets their needs per gruhb and
Ellis. The only 20+ contiguous acres available for construction are in the Parkway Business Center
in Poway, EastLake in Chula Vista {in Phase II) and Otay Mesa in San Diego and the County.
Although, as earlier indicated, the status of EastLake Phase II is not certain.
B. SOUTH BAY
Grubb & Ellis projects that the Southbay submarket will continue to post positive building end land
absorption rates and decreasing vacancy rates due to the growth of maquiladora manufacturing
operations in Tijuana. Mexico's currency-related export boom and NAFTA-re]ated influx of Asian
manufacturers are generating more business for South Bay suppliers and service fim~s.
ISSUE PAPER - ADErlUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 18
VI.
Otay Mesa
The 20,600 acm Otay Mesa ama is located south of Otay Ranch adjacent to the International
Border. Approximately 6,200 acres are zoned industrial. The western portion of the Mesa is
within the City of San Diego and the eastern portion is within the County of San Diego.
Historically, the area was utilized for farming and grazing. A navy communications facility, County
Detention facility, Donovan State Prison and Brown Field are located on the Mess. Currently a
master planning and redevelopment effort is underway to develop San Diego Air Commerce Center,
an air cargo facility, at Brown Field. The re-vamped airport will include support services,
commercial office, and airport-related industrial.
The Otay Mesa ama is planned to provide large space for light industrial users which produce
relatively Iow traffic volume (100 ADTs or less). Some service uses will be allowed as accessory
uses, but very little residential is planned. Most of the industrially zoned property on the Mesa
is unimproved and not available for immediate development. There are approximately 300
acres which are improved and available and range in cost from $4.00 to $6.00 per square
foot (excluding assessments, averaging an additional $2.00 psfl.
Chula Vista
Demand for industrial land and buildings is significantly increasing. According to Grubb & Ellis,
National CityIChula Vista had the highest level of industrial building absorption during the
fourth quarter of 1996 within the Metropolitan San Diego area. Over 376,000 square feet
of building space were absorbed during that quarter for a total of 519,845 sq. ft. in 1996. The
overall industrial building vacancy rate for National CitylChula Vista fell from 17% in 1995
to 7% 1996.
After multi-year City efforts to develop and implement strategic, targeted business attraction
programs (BECA, High TechlBiotech Zone, etc.), as well as general business outreach efforts, staff
is now experiencing difficulty in identifying deliverable sites to meet current demand. The 1993
WKA Market Study concluded that the Otay Rio Industrial Park, EastLake Business Center, and Otay
Ranch represented the City's best opportunities for attracting new businesses. With the loss of
Otay Rio, potential loss of all or a portion EastLake Phase II, and the long term nature of Otay
Ranch, them are currently very limited near-term industrial site options.
HOW CAN CHULA VISTA ADDRESS THE INDUSTRIAL LAND SHORTAGE?
A. OTHER CITIES' APPROACHES
As the supply of industrial land continues to diminish, land prices and rental rates will continue to
rise. The negative impacts created by insufficient industrial land and/or increasing land prices and
rental rotes include: businesses relocating outside the region; fewer new businesses being attracted;
ISSUE PAPER - ADEQUACY OF INDUSTRIAL ZONED LAND IN CFIULA VISTA
Page 19
lower tax revenues; rising costs to businesses (putting them at a competitive disadvantage); and
potential decreases in employee wades.
These impacts will cumulatively cause an erosion in the economic and physical quality of life of the
San Diego Region. Community leaders need to take action to mitigate these impacts which are
directly linked to the lack of industrial land supply. Several cities in the region and in California are
creating and implementing strategies to keep and attract industry. Some examples include:
The City of San Diego, as part of their Zoning Code Update, is considering measures which
would increase the industrial area; preserve the remaining industrial stock; and modify
commercial zones to allow for limited light-industrial uses.
The City of San Diego is also attracting high tech users (researchers, service providers,
telecommunications and software) to downtown. New tenants downtown include Advanced
BioResearch Associates, Nationwide Communications, and Wright Strategies, a software
firm.
The City Council of Oceanside recently adopted a 24 point action plan that will make the
City more "business friendly". As part of the plan, the City zoning ordinance will be made
more flexible and is proposed to allow limited light-industrial uses in commercial areas.
The City of San Jose is taking aggressive measures to attract "clean" high tech users,
typically bound for the evermore scarce suburban industrial parks, to downtown San Jose.
Adobe Systems, a leading manufacturer of computer-graphic software, opened a 400,000
square foot high-rise office building in downtown. The company is currently building a
28o, ooo square foot facility next door. The Adobe project brought 1600 new jobs to San
Jose.
B. EXISTING POLICIES REGARDING CONVERSION OF INDUSTRIAL LAND
The Chula Vista Economic Development Commission (EDC) expressed concern regarding the industrial
land supply via letters to Council dated September 14, 1992 and October 15, 1996. In 1992, the
EDC communicated their concem regarding the apparent lack of an adequate supply of vacant land
zoned for industrial development, and the rezoning of industrial properties to commercial.
Council directed staff in 1993 to prepare a draft policy addressing the following concerns:
replacement of rezoned industrial property, provision of industrial acreage in each planned
community, and council approval before any negotiations of rezoning industrial acreage occurs. A
draft industrial zoning policy was brought to council in 1994 relating to land use proposals which
involve a General Plan Amendment from Industrial to another land use; rezoninD from industrial to
another zone, or a Conditional Use Permit which would allow a non-industrial use in an industrial
zone (see Attachment 9). The proposed policy entailed the following process: 1) early notification
of Council regarding tho land use proposals; 2) staff review of the potential for significant
fiscal or economic impacts to the City; 3) if significant impacts are identified, preparation
ISSUE PAPER - ADEOUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 20
by the applicant and/or staff of an economic impact analysis for submission to the Planning
Commission and City Council; and 4) input from the Economic Development Commission, if
requested by the applicant or staff. A formal policy was not enacted; however, in most cases,
projects involving industrial land conversions were brought to Council for formal action as a
requirement of the entitlement, or via an Information Memorandum.
In 1996, the EDC again stated their belief that the diminishing supply of industrial land will impact
the City's future ability to attract businesses in manufacturing, distribution, research and
development, and hiDh-tech. The EDC suggested that Council direct staff and the Planning
Commission to formulate a policy addressing the replacement of industrial land so that the City is
prepared to accommodate large industrial users.
C. STAFF RECOMMENDATIONS
Staff suggests that Council evaluate and address the industrial land supply from both a short- and
long-term perspective. Short. and long-term issues and recommendations are outlined below:
Short-Term Recommendations:
That Council:
1) Affirm the City's desire to preserve the High TechlBiotech Zone by maintaining an industrial
land use designation in both Phases I and II of the EastLake Business Center;
2) Direct staff to study the feasibility of creating industrial overlay zones and/or amending the
existing zoning ordinance to allow for limited light industrial uses within certain commercial
areas throughout the City; and
3) Direct staff to analyze the impact of proposed industrial land use conversions utilizing the
4-step process described in Section B above.
Long-Term Recommendations:
1) That Council direct staff to prepare a report which addresses:
a) the need to preserve existing industrial stock via an adopted policy;
b) the potential of redesignating areas of the City to industrial land use.
2) That Council provide staff with their vision as relates to the future role of industrial
development within the Bayfront, Otay Valley Road and Southwest areas in order to help
staff tailor ongoing and future economic development promotional activities.
ISSUE PAPER - ADEQUACY OF INDUSTRIAL ZONED LAND IN CHULA VISTA
Page 21
f
ATTACHMENT
· City of Chu[a Vista
PROPERTY DATA SHEET
SITE
PLAN:
/~' ,,,,~,=.~..,,.~ , '~8 L ~9 ,~
VI~GECENTE~ ~ ~ ~5 /~
~ ,~ PROPERTY:
~ / ~ N / East~keBusmessCenterPhasel
/ NEIGHBORHOOD
/ ShOPPINg CENTER
CDNIACI:
Jim Moxham
EastLake Development Co.
9OD Lane Avenue
Suite 100
Chula Vista, CA 91914
{619) 421-9127
(619) 421-1930 FAX
Community Development
City of Chub Vista
276 Fourth Avenue
Chula Vista, CA 91910
J619) 891-5047
(619) 476-5310 FAX
ADDITIONAL COMMENTS:
· 15O-acm,~SO million industrial office park with
central employee-oriented recreational park,
· Adjacent to future State Route-125
· Build-to-suit facgities available, as well as lot sales
Telegraph Canyon Road, east of Lane Avenue
Building Size: Not applicable
Area: Lot 1 approx. 15 acres
Lot 3 2.47 acres
Lot 4 2.24 acres
Lot 6 2.67 acres
Let 19 4.19 acres
Lot 19 4.81 acres
Lot 21 2.14 acres
Lot 22 2.00 acres
Lot 23 2.18 acres
Lot 24 2.34 acres
Lot 25 2.23 acres
Lot 34 1.00 acre
[et 35 1.00 acre
Zoning: PC
Planned Community
Redevelopment Area:
Not applicable
All information furnished regarding proper:y is from sources deemed reEable although subject to errors, o~s$ions, changes of price~, rental or other conditions, prior sate or
lease, or wit hdrawa~ without notice.
I
ATTACHMENT 4
BAYFRONT REDEVELOPMENT AREA
City of Chula Vista
-,,-- REDEVELOPMENT PROJECT AREA
,,--- EXPANSION AREA
BOUNDARY ALTERNATIVES, PROPOSED SOUTH SAN DIEGO BAY UNIT
SAN DIEGO NATIONAL WILDLIFE REFUGE
Alternative A
Alternative B - Preferred Alternative
0
4,994 Acres
4,722 AcresI
Alternative C
2,203 Acres
Silver Strand State Beach
Area Two
MKEG / Fenton Parcel
Pond 20
0 1 2 3
Miles
ATTACHMENT 5
I
CHULA VISTA TIDELANDS
Property Map
[(DF-
-~---- ~ ~ ~ (~, I I X
PARCELS GREATER THAN 5 ACRES
I
ATTACHMENT 3
Diego B.iote hnol gY. '
IndustrY Faces Tough
~ ~4.C~ The land, ~et aside during
.. ~ ~ ~950s,~Mout~bio~-
~ ', nelo~ ~ f~ fa~ at a
act ing
- By DAN ~LAT J ~LC,~H ZK
Az ~ Diego's biotechnology
industry' matures, companies
lookin~ to m~n,,f~re their
products must choose between
b,,fldln_~ more faci~fies on c~tiy
lOCel lnnd m' ~ fh,~h, opera-
development,' industry boosters
are sesp~f ~rantlca~ ~r ways
to convince companies 'to build
' sponsored forum in San Diego on
Wednesday, a panel of exper~
described the dlm~ult choices lorel
compen~es m~st 'face whon they
realize bu[ld~%~ now rarities in
San Diego may not be the most
cost-effective option, espednlly
when facilities can be built in other
states at a fractien of the cest.
as a ~to for research and develop=
ment does not carry ovor to manu-
to the It&D' ~-.~lltles,' said Bill
Rutotter, president nad CEO of
Idec-Pharmaceuticais, a local
biotech that currently is Ior~-_~ at
build a now state-of-the-art menu-
dru~. "Tbe work-' f~re in Cell-
stfl] out en whether Cellfornia cen
be~me a m~jor'force in bioteeh-
nelo~y manufacturh~.'
Naturally, +hln_~ ~ land, util-
ities and labor are more coetiy in
Cnllfomia th.. in other state~ In
some areas, a supportiYe local end
state ~overnment. can help. in
hoS sl--h~l Uffiity fees and permit
In addition, the state of ~llf-rx~in
tochnelo~ fund to help fill ~aps for
T .... , whore land ia cheaper
ities e~ are ~iven the
know~ for t~r~in_~ o~t great
· 'university graduates, Rastetter
says most of t]~,,, ars tralned for
"_' NotalHoes]biotechnelo~yfirmf,.
. :: however, ~ look to 'b-;M' their
inreer pharmaceutical firms to
h-n~le menufacturinE, or they
may simply outaource it to a
~ mnnnfa~m~l'. 'r~ is a
{lobal shortage of facilities to
such ns Ideas I~t~---. go' fum~
have to handle menvfacturin~
themeslv~.
Diocom,.. its trade
which sponsored Thurada~f
mesth~, hes lobbied hard for
for fasb fz~m bern tho clt~ ~d.
beiz~ mulled over involves
I,u~,~i,,_- a manufacturin~ bns~s~
park in a lower-cest area h~m Eest
finns who need ad 'd~tienal facGi-
attorney for Brobeck, Phleger &
Hallson .who is spearhoading
Biocom's facilities finance
a similar place in the Resenrch
Triangle located near Raleigh,
San Diego Daily Transcrip
May 1, 1998
A'VI'ACHMENT 4
I
compen~ to fook at m in Ot~
b ami OTb,n1. 'VlFII~ for a ~w
~. I~,,ly b to ho made, by ~
(San, Diego, by comparison, can
cost between S15 and $~5 per
square foot). The nonprofit
~roup, made up of several
universities, that owns the land
helps to keep the prices low, and
companies ~--~ot turn around
and sell it at a profit under the
'I am certaiu that with some
land prices, hat .San Dido is
Loc~ ~ are ,,.u~.~ to
Lack
Land
Slowing.
Our
conomic
Sto~v, Paee 16
1,500 $7.7=.jSf
INDUSTRIAL LAND SALES
San Diego County
$/SF
5O0
~ ~-~','~:' Sold
$5.00/$F $7.gOtSF" 7.5
5.0
2.5
19g3 1994 1995 1996 1997
. Average price/SF
*Current Selling Price/SF
INDUSTRIAL/R&D MARKET TRENDS
San Diego County
M SF % Vacant
20
/ / .' .: ~.~ .,'".'N,,"/ ,o
3
I/' . \...
2 · 'f ~ '.\ / 5
,.--. !
'~, ../
\ .~-" " 0
0 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97
~ ~ {:;onst~clion Completed %¥acar~
Company
, ' , .~ . · , -,; ? ~;; ~ .
~ ~;,~n -~..¢;-~,;-' ~,,ai,,.' :;::?: Cor~Orate S~e~ Pr°vider-~ :. -; '; t:;:, .The List: LargeSt Building ' ;~,,;
~-rope..,~ .~.an,~u~L~ --.- ...... u ~ ~ ~'; ~-.-~o-~,,,ide sO ut ohs = Page 22 contractors..,;;L:~;;.-;...-,...;,..~;. Page 20
It Psvs ,o Pamper ...................... rage ,o ........ . .~':,'~'~>, : ,
~ I
SAN DIEGO DAILY TRANSCRIPT
Turf's Up
By THOR KAM~AN BIBERMAN
A.ohside ~-om Poway and Otay Mesa,
t a lot of land is available for
-tech rims, a~3d most of what
is available is very expensive.
Applied Milo Circuit~ Corp. is undergo-
ing an esrmated $15 m/llion expansion
and upTrade of its $orrento Valley fabrica-
tion facility. It also moved into a new
90,000-square-foot administration and
design building in So~,ento Mesa last
December.
If AMCC were to buy the land today, it
would cost $15 a square foot. The figure
would have been about $3.50 a square foot
less than three years ago.
"What's happening is land prices are
going nu~," said Michael Philbin of John
Burmham & Co.
Pb.ilbin said two years ago, land in the
CB Commercial first vice president, said
the Pomerado Business park in Poway has
pretty much sold out. Where there is land
available in the South Poway, it is selling
for $5.75 to $6.50 per square foot, not
including the Mello-Eoos bond assess-
ments that add about $3 to the cost of land.
"By the end of this year, it will be in the
$10 range, which is amazing,' Wright said.
'As recently as 12 months ago it was sell-
ing for $5 to $5.50 including the bonds.'
Nautroulx, a 'marine technology firm
with offices in Carmel Mountain Ranch, is-
in the process of building a 50,000-square-
foot facility in the Pomerado Business
Park that is slated to be completed la Octo-
ber.
Land prices aren't just going up in Sor-
rento Mesa and Poway. Wrighi said about
57 acres available in the Sc~pps Ranch
16I
m Carlsbad
14 m
-- Sorrento Mesa
10'i-
~ 6-J--
1993 1994 1995 1996
$5 and around $8 as recently as a year ago.
The San Diego Tech Center currently is
anchored by an eight-story office that is
100 percent leased, and there's land
enough for development of another 300,000
square feet of space.
Land is in such short supply in many
areas of the county that major landowners
such as Hamann Construction and Mitsui
Fudosan are holding their parcels until
build-to-suits come along.
That is not to say there isn't plenty of
speculative development of industrial prod-
uct where high-tech rirms could find a
home.
Powav still has lar?'~ p:,rcol~ available,
but they won't last forever. Erent W~ght. a
1997 1998
Source: John Burnham & Ca.
Business Park will probably be marketed
in the $!5 range, and 'deals are in escrow
in Sabre Springs that are i~ excess of $15
per square foot.'
Wright, who declined to identi~ them
because the deals have not been signed,
said no fewer than 18 h/gh technology com-
panies, some that are big-name national
firms, are interested in looking either to
move into or build spaces that range fi.om
~30,000 to~300,000 square feet.
In Vista, the Denso cellular telephone
equipment firm is in the process of going
into 260,000 square feet off Palomar Air-
port Road. Denso also has operations in
Carisbad Ranch.
A considerable amoun~ af activity a!s~ ls
TUESDAY, MARCH 24, 1998
Estate For
High-Tech
Firms Grows In
Price, Shrinks
In Availability
occurring in Mitsui Fndosan's Oak Ridge
Business Center in Vista. Bernard
Gilmore, a Mitsui Fudosan vice president,
said Tempo Research, a firm that makes
timing and testing equipment for comau.
nicatious applications, is going into 60,000
square feet before the end of the year.
Ismecam Inc., a Swiss firm that makes
testing equipment for the semiconductor
and computer indus~y, is going into a
79,000-square-foot build/ag slated for com-
pletion later this year.
A 70,000-square-foot building is just get-
ting trader way for Padfic research, wh/ch
makes consoles for television and radio.
That project is expected to be finished in
August.
Gilmore said t}~e previously mentioned
firms bought their land at about $6.50.
The price has since gone up to $7.50.
Gilmore added that the price on the last 35
acres of the business park will be negotiat-
ed.
"We really want to do build to suits on
them," Gilmore said. 'We suffered through
six yeszs of no business. Now that we are
in the catbird seat, why should we sack-
rice?'
Chuck Currey, a Grubb & Ellis senior
marketing consultant, said very lit¢le land
is left for industrial/high-tech develop-
ment in Carisbad. He said virtually every-
thing has been sold at least once in the
Carlsbad Research Center.
Cu=ey said a couple of resold parcel~ in
the Pal~mar 'Airport Business Park were
selling for $9.66 per square foot. He said
Carisbad Ranch parcels were selling for as
high as $13 per square foot.
Otay Mesa is cheaper, but Currey said it
may take a special kind of business that
wants to locate on the mesa. With laud in
short supply almost everywhere else and
high prices for what is available, however,
Otay Mesa could become an attractive
.alternative. even for a hish-tech firm.
Finished land prices on the mesa range
from $4.50 to $6. High technology firms
there include Honeywell and Parker Han-
nirin.
/~ ~'-~ 9 bibe=an'-~sddt'c°m
!
· Desirable Industria! Land Is Disappearing Fast
is San Diego's Economic
Industrial spare i~ getting smrr. c in San_._ with John Burnham & Co.'It rcall}, caugh!
Corp. will investigate. The agencies plan to
Growth
developing a 150, .0C~quare-foot business
park in Poway th~ will accommodate four
Ouinn said land prices in ~orr=nto Mesa,
Being Stunted?
land available in thc city in
ally off limiB b~cause it's Wilhin the oily':
your perspective, said Mike Jenkins, comma
-inllu.~mal s~a~h:.u~tI,industrles pre
~t~tr to locate n thc most desirab
McMlllin Commercial Group, said the laei
flora company, recently paid about $14 a and h~ already mid about half of iL It ex
square foot. Not too long ago, land in the peeL~ to sell the remainder in shori order.
same area w~s selling for about $7 to g9 a
square foot, he said,
Tn= Burnham report tabbed land priegs in
Sorrento Mesa :It about gg,~0 a square foot,
· up 123 percent from priegs two ycars ago.
_! Alooming land shortage
' San Diego County's
industrial acreage may be insufficient
~ not-too-distant future, San Diego
sD County is expected to experience an in-
~ dusWial land shortage that could pro-
!~e f~mdly and negatively affect our local
~conomy and quality
~This looming shortage has seve.'~l
kc,~'-uses and m~ny negative impacts. What
~most imP°rtant for the future economic
'-~i~.osperity of this reg/on, however , is that
cSmmun/ty leaders and Pol/cy-makers rec-
:~uagnize the serious implicafious of this
::i2~hkreatened shortage and tak? immediate
action to adds-esi it. -
,-q During the recession years of the early ·
'/~r990s, industrial-zoned hn/t declined sub- .*
st~ntialy in value as developers dedaulted
on loans se,:ared by thousands of acres of
finished industrial lots. Vet! few develop-
~e~ sought to map new indust, rial subdivi~
~,'.ain~s and neither developers nor lenders
bi.M With the resurgence o£th~ local econo-
~'~:m7 begnmmg m 1995, the emstmg supply
of ints has been rapidly absorbed by users
~c~d speculative developers, Prices have
.p'~Iraady doubled from the~ recessionary
~r~ k~s to a g~neral rsn~e of $6 to $10 ;)er
gun.re ~l' add most obsel~era predict
O~ntinued rapid urice increases. ~he hsg
large finished ~sxcel in the 5ocrento Mesa
a~ea of San Diego recently sold to Umden,
a Japanese-owned tetecommuulcatlons
~'~ompany, for $14 per s~uare foot for a re-
· ."!'~e~rcn & development ~acm~ n m build-
e~ng there.
,L-~ aong with ridug land pric~ goes ri~ing
t~UINN is president of the San Diego County fion.
~'~ dng ndustry Assoc at on
'of
. ;..., . conomy
:users 'and
pets.
already
and quantity of public services.
· Rising costs to producers typically
· mean infl~tiun in the Prines of their fin-
ished goods or services putting producers
in higher cost areas such as San Diego at s
competitive disadvantage in the world
raarketphoe.
· Employee wages and compeusatJon
may suffer in a competition with h/gh oc-
cupancy costs for a share of employer rev-
enues. The tipple effect of static or slow
growth in wages ultimately affects the
growth and prosperity of all local provid-
ers ofg~ods and services..
~ of thes~ im/mct~ ultima{eiy lead to
an erosion in the economic and physicaJ
quality of lifu for the region's residents.
Fortunately.'pl~,ners at the city of San
Diego. the San Diego Economic Develop-
merit Corporation. and at other govern-
.mentsI jm-isdicQons have begun to recog-
.... ' '-' - nize the threat Posed by insufficient,
· - ~O~.."~.mOOrAC~ high-priced in flustr/al lan d.
.... . ~ The San Diego Planning Commission
rentsl rates' As °ur e¢°u°mY c°-ntinues t6 ~ has held public hearings to discuss tiffs is-
improve, this uowarfl sulral in land !~rices ] sue, and futur~ heatings on the problem
and rnntal rates is not likely to abste soon /_ are planned. Als part of the City Zoning
f~rthesereaseus: "~: ' ' --CodeUpdateandthewurkprngramfor
=.Th. e. supply, of existing lots continues gpdat~g the Progress Guide and General
to '_di~.'sh rapidly. /~Plan, cousiderafion is being given to mea-
· Eawronment21consL,-aintsurtopc- [ sures which mi ht increase ur at lea t
.... g s pre-
graphical challenges will prevent mdustn- / ~r~ the rera,lnlqg usable land suitable
al development in many areas of the court- ]far influstrLqI uses
ty which have been pknned for industriui -- With the s~u~-~t and cooperative el-
uses or which could be suitable for indus-
~ rites..
· Political resistance to growth and de-
velopment typically increases with eco-
nomic activity, and the Political will to
withstand such anti-growth pressures
usu/fly wilts in the face of ~Y opposi-
forts of other real estate trade assoeia-
'tinns in the county, the San Diego County
Building Industry Association Industrhl
Land Task Force will be working with
governmental agencies to identify mea-
sures which might help stem the rapid tis;.
in industrial land prices and rental rates.
· The lengthy time frames, cOSts and
uncertainties associated with processing ~
new industrial subdivision maps ai'e se.q- .
ous disincentives confronting most land '
ith the boom and bust history of ·
y large scale indus'trial subdivisions,
the most optimistic developers and ;'
era will be willing to risk the immense
necessar~ to acquire and hold land
bund infrastructure for Large industri-
The negative consequences Of inm~-
dent industrial land and/or high land
pticesandrentalratesiu~lude: i;- ·
· Out-of-area companies, which might
otherwise bring good]ob opPortunities to
county remdent~, ~ seek lower-cost
areas, and home-grown businesses may be
forced to relocate dsewhe[e taking their
good-paying jobs with them. ,
· Reduced tax revenues from the flight
of businesses to less costly areas most
~
. '!;.~ ~ i~i~ ~lf}!I]~i!~ ~t11¡!! ~~
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BS'õg ~~;; B~~,gi-;;:g ~E~ H3 1 >= I
.-------.--
ATTACHMENT 5
EASTLAKE BUSINESS CENTER
PHASE I
Beal Estate Transactions Since October 1997
kparmem
CitV el ~kglalllsta
LEGEND
EastLake
Village
Center
industrial Ce~[er SeN Sb:~rage
No,ri Island
Fe~al Credi; Unior~
Scobee
Park
posta~
Corn / He~qu~rtem
B~A~q ~at~gs
I
CHUtA VIS'I'A
,RECEIVED
BOARD/COMMISSION/COMMITTEE APPLICATION
(Please indicate your interest by checking the appropriate line(s)
(If you check more than one line, please prioritiz~_~o~rf~l~t~l~~ A ~tIeT
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Par~ & Recreation
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no How long? / O 7/'r~'
Grade:
What ar~ your principal ar~as of inter~t in our city government and wkat experience(s) or sp~ial knowledge can you bnng to those
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* * * Please see the reverse side of this Application for Very Imt~ortant Legal information * * *
I
ITEM TFFLE:
SUBMITI~ED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item J~
Meeting Date 6/23/98
Public Hearing to consider testimony of the FY 98/99 levy of assessments for City Open
Space Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard, and
Town Centre.
Director of Public Works~ ~//
City Manager ~.~/E~ (4/Sths Vote: Yes No X )
The City administers 25 open space districts established over the last twenty-five years. The districts provide the
mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated
with and benefitting that particular development. As part of this process, a levy of an annual assessment is
necessary to enable the City to collect funds for the proposed open space maintenance. Tonight's action continues
the process for Fiscal Year 1998/99. On May 26, 1998, Council approved the open space reports on assessments
for all existing Open Space districts and set a public hearing for tonight to take testimony on the proposed
assessments. A second public hearing is scheduled for July 14, 1998.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Centre
Maintenance District will be forwarded to the Town Centre Committee via the Community Development
Department upon approval of the resolution. As the advisory committee for the Town Centre developments, the
Committee has historically reviewed this information and provided feedback to staff.
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 98/99. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. This information is
followed by a description of the noticing that is required.
As a final note, Council should be advised that separate agenda items contain the same information on Open Space
District No. 10 and the Eastlake Maintenance District which were separated due to conflict of interest concerns.
B~ckground
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07 -
Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Space
Districts in the City. The name and location of each open space district is shown in the following table.
Page 2, Item
Meeting Date Q/23/98
Open Space District
No.
TABLE 1
Open Space Districts Wiihin the City of Chula Vista
Nme
El Rancho del Rey Units 1..4
2 Lark Haven
3 Rancho Robinhood Units 1 & 2
4 Bonita Ridge
5 Southbay Villas
6 Hilltop Vista
7 Zenith Units 2, 3, and 4
8 Reneho Robinhood Unit 3
9 El Rancho del Rey Units
11 Hidden Vista Village
14 Bonita Long Canyon
15 Bonita Haciendas
17 Bel Air Ridge
18 Rancho dvl Sus
20 Rancho d~l Rey
23 Otay Rio Business Park
24 Csnyon View Homes
26 Park Bonita
Location
31
33
Telegraph Cenyon Estates
Broadway Business Home Village
Town Centre No. 1
Bay Boulevard
Between East H Street and Telegraph Canyon
Road east of Pasco Ranchero
South and east of Lome Verde Park
South of Allen School Lane
Camlno Elevado
Northern end of Crest Drive
Camlno Vista Road
North and south of Palomar, east of 1-805
Surrey Drive
Pasco del Rey, north of Telegraph Canyon Road
East H Street, east of 1-805
No~h end south of Country Vistas Lane
Canyon Drive, east of Otay Lakes Road
Northeast of Pasco Ladera end East J Street
Easterly end of East Naples Street
North of East H Street, west of Otay Lakes Road
West of Heritage/Otay Valley Road, south of Otay
Rio Road
Rutgers Avenue, south of East H Street
West of the intersection of E Street end Bonita
Road
North of Otay I.,~kes Rd, west of "SR 125"
West side of Broadway between J Street and K
Street
Third Avenue, north and south of F Street
Bay Blvd from E Street to F Street
These reports were prepared by the City Engineer or under his direction and are presented to Council for
approval in order to proceed with the public hearings set for June 23, 1998 at 6:00 p.m. and July 14, 1998 at
6:00 p.m. in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in
Table 1.
Page 3, Item__
Meeting Date 6/23/98
Staff proposes for FY 1998/99 that the assessment be kept within that amount previously approved, increasing
the FY 97/98 assessment by an inflation factor. In all cases, staffhas set each collectible lower than the proposed
assessment for each district. Per the City's Municipal Code, the allowable inflation factor is the lesser of the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the
estimated California fourth quarter per capita personal income as contained in the Governor's budget published
in January. The CPI is estimated at 1.1% based on the San Diego Metropolitan Area and 2.1% based on the
State of California. Therefore, staff will use the CPI figure of 1.1% based on the San Diego Metropolitan Area,
which is the lesser of the two figures. Assessment increases equal to 1.1% (CPI) are not subject to majority
protest. Only assessment increases over the CPI are subject to majority protest. All of the districts were
formed as the result of a 100% petifon by the land owners, with the exception of the Town Centre. However,
all the maintenance for the Town Center District is within the street right-of-way. Therefore, because: 1) the
assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request
of 100% of the land owners; or 3) the improvements are within the street right-of-way, the districts are exempt
from the provisions of Proposition 218.
Assessments & Collectibles
Ordinance 2631 also mede the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 98/99 are proposed at FY 97/98 amounts increased by the
inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are
equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund
balances, including interest earnings and prior years' savings. Under staff's recommendation, none of the open
space districts are subject to a majority protest on the increase.
The proposed assessments and eollectibles for Fiscal Year 1998-99 are as follows:
TABLE 2
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Assmnt/ Collection/ Assmnt/ FY 97/98 Assmnt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPIo~
1 $86.00 $86.00 $89.61 $90.60 $90.60 $79.00 $52,281'
2 39.90 34.00 41.58 42.04 42.04 37.00 9,213
3 273.14 256.00 284.61 287.74 287.74 287.00 36,449
4 288.49 286.00 300.61 303.92 303.92 267.00 56,070
5 281.33 280.00 293.15 296.37 296.37 227.00 27,694
6 139.13 71.00 144.97 146.56 146.56 76.00 12,312
7 97.19 90.00 101.27 102.38 102.38 90.00 9,360
8 443.98 442.00 462.63 467.72 467.72 467.00 51,370
9 125.83 115.00 131.11 132.55 132.55 128.00 49,152
11 85.93 85.00 89.54 90.52 90.52 90.00 118,983-
14 276.21 271.00 287.81 290.98 290.98 290.00 253,274
15 265.00 263.00 276.13 279.17 279.17 279.00 15,903
17 126.85 1.00 132.18 133.63 133.63 63.00 2,898
18 299.74 270.00 312.33 315.77 315.77 270.00 104,639
20~ 305.30a~ 845,704
Page 4, Item
Meeting Date 6/2~/9~
OSD FY 98/99 Proposed Proposed
FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Aasnmt/ Collection/ Assmnt/ FY 97/98 Assnmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPIo)
Zone 1 DB 46.32 0.00 48.27 48,80 48.80 .86 (4)
Zone 2 RC 3.52 1.87 3.67 3.71 3.71 3.71 (~)
Zone 3 H 5.01 4.38 5.22 5.28 5.28 2.94 (4)
Zone 4 BC 18.67 12.39 19.45 19.66 19.66 19.60 <4)
Zone 5 1 281.48 269.21 293.30 296.53 296.53 278.69 (4~
Zone 6 II 216.27 216.14 225.35 227.83 227.83 163.66 t~)
Zone 7 III 133.50 132.83 139.11 140.64 140.64 140.56 (4)
Zone 8 NDB 30.78 0.00 32.07 32,42 32.42 0.00 (4)
Zone 9 TCC 24.44 16.31 25.47 25.75 25.75 13.26 (4)
23 342.71 337.00 357.10 361.03 361.03 127.00 11,325
24 513.55 377.00 535.12 541.01 541.01 430.00 17,200
26 403.06 296.00 419.99 424.61 424.61 313.00 5,947
31 416.36 1.00 433.85 438.62 438.62 255.00 87,975
33 1029.00 0.00 1072.22 1084.01 1084.01 0.00 0
Bay Blvd. 1320.69 1145.00 1376.16 1391.30 1391.30 645.00 6,450
Town Centre 46.04 8.00 47.97 48.50 48.50 10.00 10,000
Collectible adjusted upon analysis of data by Parks & Recreation.
Represented average residential assessment in SPA L
FY 98/99 assessment may be set at or below this cap without being subject to a majority protest.
Revenue for all zones included in overall District 20 amount.
In general, all budgets have increased due to minor adjustments in utilities and contract services. The increase
in contract services is due to a CPI clause on contracts.
Savings from prior years are proposed to be used to supplement the property owner collemions to provide the
revenue needed for FY 98/99 maintenance while maintaining reserves between 50%-65% (City Code requires
reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property
owners direction to return as much excess funds as practical. For those districts where the reserve still exceeds
50-65 %, staff recommends using the savings to offset some of the assessments to give lower collectibles. This
practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks.
Staff generally tries to keep the assessments within the CPI amount allowed by the Municipal Code each year.
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU
for FY 98/99 represents, in all cases, the prior year's assessment with an inflation factor of 1.1%. The
assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be
collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve
requirements, ending fund balances and savings. For a detailed outline, see Attachment A.
Page $, Item
Meeting Date 6/23/98
uOniSD No. 1
1 Rancho del Rey
ts 1-4
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$86.00 $86.00 $89.61 $90.60 $90.60 $79.00 $52,281
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $79 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $90.60. Since the budget per EDU of $89,22 exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because
of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
65%. The General Fund will be reimbursed $9,836 for City staff services from the Open Space District Fund
for FY 1998/99.
OSD No. 2
Lark Haven
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$39.90 $34.00 $41.58 $42.04 $42.04 $37.00 $9,213
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a coilectible of $37 per EDU, which is less than the
assessment of $42.04. Since the budget per EDU of $42.36 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General
Fund will be reimbursed $1,963 for City staff services from the Open Space District Fund for FY 1998/99.
OSD No. 3
Rancho Robinhood
Units 1 & 2
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assml/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$273.14 $256.00 $284.61 $287.74 $287.74 $287.00 $36,449
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $287 per EDU, which is rounded down from $287.74.
Since the budget per EDU of $294.57 exceeds the collectible amount, staff recommends utilizing the fund balance
to make up the differenco. Funds are available to do this because of prior years' savings and by adjusting the
reserve balance. The reserve under this recommendation will be 66%. The General Fund will be reimbursed
$5,720 for City staff services from the Open Space District Fund for FY 1998/99.
Page 6, Item
Meeting Date 6/23/98
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
OSD No. 4
Bonita Ridge
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ A~smt + A~mt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$288.49 $286.00 $300.61 $303.92 $303.92 $267.00 $56,070
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $267 per EDU, which is less than the
assessment of $303.92 per EDU. Since the budget per EDU of $292.06 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this reconunendation will be 65%. The
General Fund will be reimbursed $9,092 for City staff services from the Open Space District Fund for FY
1998/99.
OSD No. 5
$outhbay Villas
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$281.33 $280.00 $293.15 $296.37 $296.37 $227.00 $27,694
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $227 per EDU, which is less than the
assessment of $296.37 per EDU. Since the budget per EDU of $291.64 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $5,494 for City staff services from the Open Space District Fund for FY
1998/99.
OSD No. 6
Hilltop Vista
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$139.13 $71.00 $144.97 $146.56 $146.56 $76.00 $12,312
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $76 per EDU, which is less than the
assessment of $146.56 per EDU. Since the budget per EDU of $92.25 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The
General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY
1998/99.
Page 7, Item
Meeting Date 6123/98
The reserve for this district is not between 50-65%, however, the reserve has decreased from 90% in FY 1996-97
to 85% in FY 1997-98. Under this recommendation, the reserve has been reduced to 80% for FY 1998/99. It
is anticipated that the reserve will be reduced each fiscal year until it is between 50-65%, the percentage staff
typically tries to maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one
year because that action would result in larger increases in collectibles in future years.
OSD No. 7 - Zenith
Units 2, 3, &4
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$97.19 $90.00 $101.27 $102.38 $102.38 $90.00 $9,360
Staff recorm-nends that the assessment remain the same as FY 97/98 plus a CPI of I. 1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $90 per EDU, which is less than the
assessment of $102.38 per EDU. Since the budget per EDU of $101.30 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $1,962 for City staff services from the Open Space District Fund for FY
1998/99.
OSD No. 8
Rancho Robinhood
Unit 3
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$443.98 $442.00 $462.63 $467,72 $467.72 $467.00 $51,370
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $467 per EDU, which is close to the assessment of
$467.72 per EDU. Since the budget per EDU of $483.90 exceeds the collectible amount, staff recommends
utilizing the fund balance to make up the difference. Funds are available to do this because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 52.2%. The
General Fund will be re'unbursed $8,000 for City staff services from the Open Space District Fund for FY
1998/99.
Because the budget exceeds the proposed assessment, Public Works 0ncluding Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
Page 8, Item
Meeting Date 6/23/98
OSD No. 9
El Rancho del Rey
Units
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$125.83 $115.00 $131.11 $132.55 $132.55 $128.00 $49,152
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $128 per EDU, which is less than the
assessment of $132.55 per EDU. Since the budget per EDU of $135.56 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 70%. The
General Fund will be reimbursed $7,819 for City staff services from the Open Space District Fund for FY
1998/99.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
OSD No. 11
Hidden Vista Village
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection] Revenue
EDU EDU EDU CPI EDU EDU
$85.93 $85.00 $89.54 $90.52 $90.52 $90.00 $118,983
Staff recommends that the assessment remain the same as FY 97/98 plus a CH of 1.1% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $90 per EDU, which is rounded down from $90.52
per EDU. Since the budget per EDU of $97.76 exceeds the collectible amount, staff recommends utilizing the
fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 58%. The General Fund will be
reimbursed $18,710 for City staff services from the Open Space District Fund for FY 1998/99.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in furore years in an attempt to lower the budget and to determine whether there are
additional savings.
OSD No. 14
Bonita Long Canyon
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$276.21 $271.00 $287.81 $290.98 $290.98 $290.00 $253,274
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $290 per EDU, which is rounded down from $290.98
Page 9, Item
Meeting Date 6/23/98
per EDU. Since the budget per EDU of $296.92 exceeds the collectible amount, staff recommends utilizing the
fund balance to make up the difference. Funds are available m do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 68.3%. The General Fund will
be reimbursed $36,998 for City staff services from the Open Space District Fund for FY 1998/99.
Because the budget exceeds the proposed assessmem, Public Works (including Open Space star0 will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
OSD No. 15
Bonita Haciendas
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assm~/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$265.00 $263.00 $276.13 $279.17 $279.17 $279.00 $15,903
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. Staff recommends a collectible of $279 per EDU, which is rounded down from $279.17
per EDU. Since the budget per EDU of $293.04 exceeds the collectible amount, staff recommands utilizing the
fund balance to make up the difference. Funds are available to do this because of prior years' savings and by
adjusting the reserve balance. The reserve under this recommendation will be 68.7%. The General Fund will
be reimbursed $2,832 for City staff services from the open Space District Fund for FY
1998/99.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the
district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are
additional savings.
OSD No. 17
Bel Air Ridge
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ A~smt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$126.85 $1.00 $132.18 $133.63 $133.63 $63.00 $2,898
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $63 per EDU, which is less than the
assessment of $133.63 per EDU. Since the budget per EDU of $118,50 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The
General Fund will be reimbursed $2,282 for City staff services from the open Space District Fund for FY
1998/99.
The reserve for this district is not between 50-65%. Under this reconunendafion, the reserve has been reduced
from 100% in FY 1997-98 to 80% for FY 1998/99. It is anticipated that the reserve will be reduced each fiscal
year until it is between 50-65%, the percentage staff typically tries to maintain. Staff believes slowly reducing
the reserve is better than reducing it all the way in one year because that action would result in larger increases
in collectibles in future years.
Page 10, Item
Meeting Date 6123/98
OSD No, 18
Rancho del Sur
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$299.74 $270.00 $312.33 $315.77 $315.77 $270.00 $104,639
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.155 as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $270 per EDU, which is less than the
assessment of $315.77 per EDU. Since the budget per EDU of $291.70 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 71 55. The
General Fund will be reimbursed $16,510 for City staff services from the Open Space District Fund for FY
1998/99.
CAP: Proposed Proposed
OSD No. 20 FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Rancho del Rey Assmnt/EDU Collection/ Assmnt/ Assmt + Assmnt/EDU Collection/ Revenue
EDU EDU CPI EDU°~
Zone 1 - Desilt 46.32 0.00 48.27 48.80 48.80 .86 756
Basin
Zone 2 - Rice 3.52 1.87 3.67 3,71 3.71 3.71 14,785
Canyon
Zone 3 - H St. 5.01 4.38 5.22 5.28 5.28 2.94 18,170
Zone 4 - Business 18.67 12.39 19.45 19,66 19.66 19.60 51,831
Centre
Zone'5 - SPA I 281.48 269.21 293.30 296,53 296.53 278.69 500,247
Zone 6 - SPA II 216.27 216.14 225.35 227,83 227.83 163.66 93,812
Zone 7 - SPA III 133.50 132.83 139.11 140.64 140.64 140.56 165,407
Zone 8 - North 30.78 0.00 32.07 32.42 32.42 0,00 0
Desilting Basin
Zone 9 - Telegraph 24.44 16.31 25.47 25.75 25.75 13,26 696
Canyon Channel
(1) The collectible is based on final figures received from Parks & Recreation.
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire distxict, OSD 20 is
made up of several zones as indicated above. Every property within the district is in more than one zone.
Page 11, Item
Meeting Date 6/2~/9~
TABLE 3
Typical Combined Assessment (FY98/99)
SPA I (Zones I or 8, 2, 3, & 5)
SPA II (Zones 1 or 8, 2, 3, & 6)
SPA III (Zones 1 or 9, 3, & 7)
Business Centre (Zones 1, 2, 3, & 4)
* Industrial (per acre)
* Commercial (per acre)
$322
$286
$156
$889
$1,118
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY 97/98 plus a CPI of 1.1% as set
forth in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal
to or below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and
amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City
Municipal Code. The General Fund will be reimbursed $150,543 for City staff services from the Open Space
District Fund for FY 1998/99.
OSD No. 23 - Otay
Rio Business Park
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$342.71 $337.00 $357.10 $361.03 $361.03 $127.00 $11,325
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $127 per EDU, which is less than the
assessment of $361.03 per EDU. Since the budget per EDU of $140.93 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General
Fund will be reimbursed $2,255 for City staff services from the Open Space District Fund for FY 1998/99.
OSD No. 24
Canyon View Homes
Note:
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$513.55 $377.00 $535.12 $541.01 $541.01 $430.00 $17,200
OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the
townhomes.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $430 per EDU, which is less than the
assessment of $541.01 per EDU. Since the budget per EDU of $502.73 exceeds the collectible amount, staff
Page 12, Item
Meeting Date 6/23/98
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $3,343 for City staff services from the Open Space District Fund for FY
1998/99.
OSD No. 26
Park Bonita
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$403.06 $296.00 $419.99 $424.61 $424.61 $313.00 $5,947
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff reconunends a collectible of $313 per EDU, which is less than the
assessment of $424.61 per EDU. Since the budget per EDU of $365.37 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $1,461 for City staff services from the Open Space District Fund for FY
1998/99.
OSD No. 31
Telegraph Canyon
Estates
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ AssmtJ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$416.36 $1.00 $433.85 $438.62 $438.62 $255.00 $87,975
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $255 per EDU, which is less than the
assessment of $438.62 per EDU. Since the budget per EDU of $257.52 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 50%. The General
Fund will be reimbursed $13,1M7 for City staff services from the Open Space District Fund for FY 1998/99.
There were excess funds available in this district because staff anticipated that the turnover of improvements
would occur in FY 94/95. Therefore, staff began collecting the assessment with the belief that the City would
begin maintenance that fiscal year. Since turnover of improvements did not occur (except for the medians) which
left excess funds for the district, no revenue was collected FY 95/96. For FY 96/97, staff anticipated that the
turnover of improvements would occur that fiscal year and, therefore, collected $271 per EDU. Since turnover
of improvements did not occur, which left excess funds, only $1 per EDU was collected in FY 97/98. It is now
anticipated that the turnover of improvements will occur in July of 1998. Therefore, staff now recommends a
collectible of $255 per EDU for FY 98/99, which is less than the amount of $271 per EDU collected in FY
96/97.
Page 13, Item__
Meeting Date 6/23/98
OSD No. 33
Broadway Business
Home Village
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI I~DU EDU
$1,029.00 $0.00 $1,072.22 $1,084.01 $1,084.01 $0.00 $0
No funds collected since inception.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. The budget per EDU is $695.56, however, staff recommends a collectible of $0.00 per
EDU. The reserve under this recommendation will be 0%, since no construction completion is anticipated for
FY 199708.
Community Development has requested, since FY 96/97, that no funds be collected because no construction has
been done on this project. However, staff may recommend collecting revenue for FY 1999/2000 because funds
will be needed to do required open space maintenance if construction is completed that fiscal year.
Bay Boul*vard Open
Space Maintenance
District
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$1,320.69 $1,145.00 $1,376.16 $1,391.30 $1,391.30 $645.00 $6,450
Note: Costs of this district are shared betweeo four commercial properties.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $645 per EDU, which is less than the
assessment of $1,391.30 per EDU. Since the budget per EDU of $1,360.80 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $8,129 for City staff services from the Open Space District Fund for FY
1998/99.
Town Centre Open
Spece Mainteusace
District
CAP: Proposed Proposed
FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue
EDU EDU EDU CPI EDU EDU
$46.04 $8.00 $47.97 $48.50 $48.50 $10.00 $10,000
Staff recommends that the assessment rema'm the same as FY 97/98 plus a CPI of 1.1% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $10 per EDU, which is less than the
assessment of $48.50 per EDU. Since the budget per EDU of $41.41 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
Page 14, Item.
Meeting Date 6/23/98
years savings and by adjusting the re.serve balance. The reserve under this reconunandation will be 6555. The
General Fund will be reimbursed $20,977 for City staff services from the Open Space District Fund for FY
1998/99.
Notice
The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at
least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notice of
the hearings to all open space districts. The notice informed the resident of his/her district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 98/99.
The Public Works (Open Space staff) has conducted information meetings for all property owners within each
district in June. At the meeting, staff explained the proposed budget to interested owners (approximately 12,000
properties will receive notice).
Plans, specifications, and assessment roll are on file in the Public Works/Engineering office.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space staff)
and Data Processing. Contractual costs ($881,635) are outlined in Attachment A. These costs are recovered
through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement
for City staff services from the above listed Open Space District Funds for FY 1998/99 is estimated to be
$329,556.
Attachments:
A Cost Summary ~O,~
B District Maps ~'~..~ '
C OSD 20 Assessment Map ~
COUNCIL AGENDA STATEMENT
Item // 7
Meeting Date 6/23/98
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Public Hearing to consider testimony on the FY 98/99 levy of assessments for
City Open Space District No. 10.
Director of Public Works~
City Menager~ l~. (4/Sths Vote: Yes. No X ~
Based upon the advice of the City Attorney, agenda items end have been separated due to
conflict of interest concerns. Two Council members own property subject to the proposed assessment
in this district. Council should note that agenda statement gives all background information
and details on open space districts in general which is applicable to this item, but does not include
specific information on Open Space District 10.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District
Number 10 located along East $ Street, west of Pasee Ranchero (see Attachment A). Table 1 relates the
present year's assessment to the proposed assessment for Fiscal Year 1998/99. Agenda item of
tonight's agenda contains all the general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
Open Space District No. 10
E1 Rancho del Rey 6 &
Casa del Rey
FY 98/99 Proposed Proposed
FY96/97 FY 97/98 FY 97/98 CAP: FY98/99 FY98/99 FY98/99
Assmt/ Collection/ Assmt/ FY 97/98 Assmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
$84.91 $84.00 $88.48 $89.45 $89.45 $87.00 $54,842
0) FY 98/99 assessment may be set at or below this cap without be'rog subject to a majority protest.
Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1% as set forth in
the Chula Vista Municipal Code. However, staff recommends a collectible of $87 per Equivalent
Dwelling Unit (EDU), which is less than the assessment of $89.45. Since the budget per EDU of $87.98
exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference.
Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The
Page 2, Item
Meeting Date 6/23/98
reserve under this recommendation will be 64%. Because this district was formed as a result of a 100%
petition by the land owners and the assessment is not being raised above the CPI, as provided for in
assessment formula, this district is exempt from the provision of Proposition 218.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space
staff), and Data Processing. Contractual costs ($31,783) are outlined in Attachment B. These costs are
recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund
will be reimbursed $8,285 from the OSD fund for FY 1998-99.
A District Map
B Estimate of Cost
~ 8 ~ ~
COUNCIL AGENDA STATEMENT
Meeting Date 6/23[90
SUBMITTED BY:
REVIEWED BY:
Public Hearing to consider testimony on the FY 98/99 levy of assessment for
Eastlake Maintenance District No./1.
Director of Public Works~¥
City Manager {~,~n/ (4/Sths Vote: Yes No X )
Based upon the advice of the City Attorney, agenda items and have been separated due to
conflict of interest concerns. One Council member owns property subject to the proposed assessment in
this district. Council should note that agenda statement gives all background information
and details on open space districts in general which is applicable to this item, but does not include
specific information on lea~tlake Maintenance District No. 1 (ELMD1).
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within
Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay
Lakes Road, adjacent to "SR 125" (Attachment A). Table 1 relates the present year's assessment to the
proposed assessment for the Fiscal Year 1998/99. Agenda item of tonight's agenda contains all the
general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE
OSD
FY96/97
Assmt/
EDU
FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99
Collection/ Assmt/ FY 97/98 Assmt/ Collection/ Revenue
EDU EDU Assmt + EDU EDU®
CPIo)
ELMD #1°)
Eastlake I $9.53 $8.10 $9.93 $10.04 $10.04 $10.02
Easflake Greens 15.59 10.65 16.25 16.43 16.43 10.18
OTC 129.10 0.00 134.52 136.00 136.00 7.15
Salt Creek I 172.19 167.74 179.42 181.39 181.39 180.82
TC Chanuela) 24.55 15.95 25.58 25.86 25.86 11.91
All areas share/n the cost of Otay Lak~ Road medi~s and off-sate parkways.
Portions of Easflake IBC and Easflake Greens are in benefit area.
o) FY 98/99 assessment may be set at or below this cap without being subject to majority protest.
(4~ Collectible adjusted upon analysis of data by Parks & Recreation.
$213,978
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within
ELMD 1. A map showing the proposed typical assessments by area has been at~ached. On this map,
the Eastlake Business Centex parcels' assessment is shown at $340.13 per acre.
Page 2, Item
Meet'rog Date 6/23/98
Staff recommends that the assessments for each of the areas remain the same as FY 97/98 plus a CPI of
1.1% as set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown
in Table 1, which is below the assessment amoum. Pursuant to City Municipal Code, the reserve will
be increased to 50% (minimum) as soon as feasible. Because this district was formed as a result of a
100% petition by the land owners and the assessment is not being raised above the CPI, as provided for
in assessment formula, this district is exempt from the provision of Proposition 218.
Olympic Training Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO
Olympic Training Center to continue maintenance of the Wueste Road landscape improvements.
Incorporated in the agreement are safeguards to ensure the maintenance is performed to City standards.
There are indemnity provisions for both parties for the use of the paths along Wueste Road.
However, OTC has turned over to the City the maintenance of a newly constructed median on East
Orange Avenue. Therefore, staff recommends setting the collectible at $7,16 per EDU to cover the
maintenance cost. Public Works' staff (Open Space) has indicated that OTC will cominue maintenance
of the Wueste Road landscape improvements umil the Eastlake Trails' property has been developed.
After this occurs, OTC will turn over all the maintenance to the City as the property owners within
Eastlake Trails will share in the maintenance cost. The proposed assessment was developed on the basis
of the City maintaining all of the Wueste Road landscape improvements. Until the City takes over
maintenance, there will continue to be a large difference between the collectible and the proposed
assessment.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Public Works (including Open Space
staff) and Data Processing. Contractual costs ($88,722) are outlined in Attachment B. These costs are
recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund
will be reimbursed $40,897 for City staff services from the OSD fund for FY 1998-99.
Attachments:
A District Map
B Estimate of Cost
C ELMD I Assessment Map
~MFNDED DIAGRAM
EASTLAKE MAINTENANCE DISTRICT NO,!
CITY OF C~IULA VISTA
~X,INTY OF SAN DIEGO, STATE ~F (;ALIFORNIA
AMFNDFDDrAGRAM
EASTLAKE MAINTENANCE DISTRICT NO,].
· CITY OF {3'{ULA VISTA
COUNTy OF SAN DIEGO, STA .1.'~ OF CALIFORNIA _
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Eastlake Maintenance District No. I FY 1998/99 BUDGET WORKSHEET
Overall Zone A Zone B Zone C Zone D Zone E
OLR Eastlake I Greens OTC Salt Creek TC Chann TOTAL
Budget 13,035 99,270 32,250 2,800 67,230 6,378 251,597
Reserve Req't 13,035 48,642 20,963 280 38,993 0 148,789
Special Reserve 5,284 0 0 0 0 21,592 26,876
Total Funds Req'd 31,354 147,912 53,213 3,080 106,223 27,970 369,752
Less amount in reserve 13,035 55,693 20,906 0 29,607 21,592 140,833
Less estimated interest 1,269 5,984 2,153 125 4,298 1,132 14,960
Subtotal 14,304 61,677 23,059 125 33,905 22,724 155,793
Net payment 17,050 86,235 30,154 2,955 72,319 5,246
Participating ADT's 137,045 98,286 33,759 5,000 4,234 386
FY 98/99 Net payment/EDU 1.24 8.77 8.93 5.91 170.80 13.59
FY 98/99 Cost/EDU 0.95 10.10 9.55 5.60 158.79 16.52
Asmt Asmt Asmt Payment Payment Asmt>
FY 96/97 FY 97/98 FY 98/99 FY 97/98 FY 98/99 Payment
Zone AJOLR 9.53 9.93 ]0.04 8.]0 ]0.02 Yes
Zone B/OLR 15.59 16.24 ]6.42 ]0.65 10.]8 Yes
Zone C/OLR 129.10 134.52 ]35.00 0.00 7.]5 Yes
Zone D/OLR 172.18 179.41 181.38 ]57.74 ] 80.8~. Yes
Zone E 24.55 25.58 25.86 15.95 11.91 Yes
Notes:
1. OLR shown as part of Zone A & B
2. Budget for OLR is for ELMD1 only, balance is in OSD 31 for FY98/99
per N. Woods.
3. FY 98/99 Zones A thru D and OLR share DPW staff ($5500)
4. Zone E is not budgeted, reflects $80 adjustment-see budget line
5. Zone D/OLR includes Zone A
6. Zone C - $38,655 refunded to OTC. Per Jerry F. reserve & special reserve at zero.
7. Zone C reserve will be increased to 50% (minimum) over 5 yrs.
h:\home\engineer~openspac\98elsp3.wql 6/02/98
COUNCIL AGENDA STATEMENT
Item //9
Meeting Date 6/23/98
ITEM TITLE: Public Hearing declaring intention to order certain changes and
modifications to the Engineer's Report in Assessment Districts # 90-3, 91-
1, and 94-1.
Resolution /~9,~ Ordering Certain Changes and Modifications
in Assessments Levied Within Assessment Districts #90-3, 91-1 and, 94-1.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: CityManager~-~X~ (4/5thsVote: Yes NoX)
On August 6, 1996, Council adopted Resolution No. 18378 & 18379 approving the changes and
modifications in proceedings and assessments in Assessment District # 94-1 and approving the
Fourth Amendment to the Acquisition/Financing agreement; and ordering changes and
modifications in proceedings and assessments in Assessment District #91-1. Due to changes in
density in two subdivisions of EastLake Greens, Units 10 & 16, The EastLake Company has
requested that due to higher assessments in one subdivision, due to the density reduction, a change
and modification in the assessment districts be ordered. Since the assessment for every parcel will
be reduced, no parcel will be above the 2% annual limit. These changes will affect undeveloped
and unsold properties. No assessment on existing home owners will be modified by these actions.
RECOMMENDATION: That Council:
1). Open the hearing, take testimony, and close the hearing;
2). Direct staff to tally all ballots;
3).
Adopt the Resolution to approve the changes and modifications to the Engineer's Report
within Assessment Districts # 90-3, 91-1 and 94-1.
DISCUSSION:
The EastLake Company has requested that changes and modifications be ordered for three
assessment districts # 90-3, 91-1 and 94-1. On May 5, 1998, the City Cotmcil approved
Resolution # 18985 declaring its intention to order certain changes and modifications to certain
assessment districts. The changes and modifications to these three assessment districts is
necessary due to a reduction in density in EastLake Greens Unit 16 and an increase in density in
EastLake Greens Unit 10 (Exhibit A). More specifically, Unit 16 is being reduced from 109
Single Family Attached Condominiums (87.2 Equivalent Dwelling Units) to 60 Single Family
Detached Homes (EDU's). Thus a reduction in 27.2 EDU's requires the developer to buy down
Page 2, Item
Meeting Date 6/23/98
the assessmem districts by the number of EDU's reduced within that parcel. Unit 10 which is just
to the south of Unit 16 is being proposed with a higher density 231 EDU's versus 184 EDU's, an
increase of 47 single family detached homes. The net change in density for these two subdivisions
is an increase of about 20 EDU's (290.0 versus 271.2). Therefore, the EastLake Company has
requested that these two parcels' assessment district debt be changed and modification to the
Engineer's Report for these districts be adopted so that the assessmem district obligation for each
home is similar and a density reduction buy down will not be required. The debt transfer from
one parcel to another is allowed since these two parcels are within the same area of benefit and
once the debt transfer is completed, each home will have similar combined assessment district
payments.
On August 6, 1996, the City Council approved Resolutions #18378 & 18379 (Exhibit B) which
ordered the changes and modifications in proceedings and assessments in Assessment District #94-
i and approving the Fourth Amendment to the Acquisition/Financing agreement; and ordering
changes and modifications in proceedings and assessments in Assessment District #91-1. The City
Council had desired that properties within EastLake Greens have assessments which are similar
and that the maximum assessment per EDU not exceed $9,267.44. The proposed changes and
modifications will reduce this maximum assessment amount per EDU to $8,835.08 for Unit 10
and $8,917.16 for Unit 16 (Exhibit C). If the changes and modifications are not approved by
Council, EastLake will be required to pay approximately $242,520.40 in buy down costs due to
the reduction in density for Unit 16. EastLake has provided the City with a cashier's check for
the full amount of the buy down.
Staff has been working with Financial Counsel, Ms. Barbara Hale-Carter of "Special District
Financing & Administration", and Legal Counsel, Mr. Warren B. Divert, Esq. of "Brown Divert
Hessell & Brewer", as agents for the City, in order to review the proposed changes in the
assessment districts. The following table summarizes the changes which are listed as "Exhibits"
to this report:
TABLE 1:
Comparison of existing Assessment District spread versus proposed changes
and modifications.
UNIT - 10 UNIT- 10 UNIT- 16 UNIT- 16
ORIGINAL MODIFIED ORIGINAL MODIFIED
EDU's 184 SFD 231 SFD 109 SFDC* 60 SFD
A.D. # 90-3 $2,438.67 $1,942.49 $3,348.62 $4,866.67
A.D. # 91-1 $2,662.57 $2,551.34 $3,656.07 $3,656.07
A.D. # 94-1 $4,456.57 $4,341.25 $2,367.96 $ 394.43
TOTAL A.D. $9,557.81 $8,835.08 $9,372.65 $8,917.16
$/EDU
Page 3, Item
Meeting Date 6/23/98
I
Net Change per I ($ 722.73
EDU
I
*SFDC = 109 Single Family Detached Condominiums
($ 455.49)
(0.80 EDU/SFDC) equals 87.2 EDU's.
Assessmem District # 90-3 funded Non-Transportation Developmem Impact Fee (TDIF) backbone
infrastructure within the entire EastLake development. With the changes and modifications
proposed, there will be no additional debt transferred into either parcel (see Table 2), but due to
the increase in density for Unit 10, their assessment district obligation decreases by $496.18 per
EDU. Conversely for Unit 16, since there are less EDU's proposed, the assessment district
obligation increases by $1,518.05 per EDU (Exhibit D).
TABLE 2: Assessment District # 90 - 3 debt transfer.
UNIT ORIGINAL MODIFIED NET CHANGE
R- 10 $448,715.62 $448,715.62 NONE
R- 16 $292,000.02 $292,000.02 NONE
TOTAL $740,715.64 $740,715.40 NONE
NET CHANGE NONE NONE
Assessment District # 91-1 funded TDIF improvements within the EastLake Greens II, Parcel R-
26 and the EastLake Trails. The changes and modifications will transfer $99,445.10 from Unit
16 to Unit 10 (see Table 3), but due to the density changes there will not be any increase in
assessment for any EDU within these two parcels. The homes in Unit 10 will see a decrease of
$111.23 per EDU and the homes in Unit 16 will see no change to their assessment (Exhibit E).
TABLE 3: Assessment District # 91-1 debt transfer.
UNIT ORIGINAL MODIFIED NET CHANGE
R- 10 $489,913.38 $589,358.48 $99,445.10
R- 16 $318,809.30 $219,364.20 ($99,445.10)
TOTAL $808,722.68 $808,722.68 NONE
NET CHANGE NONE NONE
Page 4, Item
Meeting Date 6/23/98
Assessmem District 94-1 funded Non-TDIF backbone infrastructure within EastLake Greens II
and TDIF improvemems within EastLake Greens II, Parcel R-26 and the Trails. The changes and
modifications proposed, there will be an additional $182,820.45 transferred from Unit 16 to Unit
10 (see Table 4). The homes in Unit 10 will see a decrease of $115.32 per EDU primarily due
to the increase in density even though the parcel has an additional $182,820.45 of debt transferred
to it. Unit 16 homes will see their assessment district obligation decrease by $1,973.53 (Exhibit
F).
TABLE 4: Assessment District # 94-1 debt transfer.
UNIT ORIGINAL MODIFIED NET CHANGE
R- 10 $820,009.14 $1,002,829.59 $182,820.45
R - 16 $206,486.02 $23,665.57 ($182,820.45)
TOTAL $1,026,495.16 $1,026,495.16 NONE
NET CHANGE NONE NONE
The City Council has previously initiated proceedings and held public hearings 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 (the "Improvement Act"), for assessment
districts designated as Assessment District #90-3, 91-1 and 94-1 (Collectively, the "Assessment
Districts").
When there is a transfer of debt from one parcel to another increasing assessment district
obligations, the requirements for "Proposition 218", the Right To Vote On Taxes Act" is
triggered. In compliance with Proposition 218 and State Law, tonight's Public Hearing was
scheduled from the May 5, 1998 Council Meeting, which was at least 45 days in advance of
tonight's Council Meeting.
At this time, staff is recommending to Council that certain changes and modifications are
necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways
Code and Article XIIID of the Constitution of the Sate of California ("Article XIIID") and Article
XIIID of the Constitution of the State of California ("Article XmD") and the Proposition 218
Omnibus Implementation Act, (Government Code Section 53750 and following) (the
"Implementation Act") (the improvement Act, Article XIIID and the Implementation Act are
referred to collectively as the as the "Assessment Law"), it is necessary that this legislative body
adopt a Resolution briefly describing the proposed changes in certain assessments and giving
notice of a time and place for a public hearing where persons may appear and show cause why said
changes should not be ordered.
Page 5, Item
Meeting Date 6/23/98
FISCAL IMPACT: EastLake Development Company will pay all costs associated with the
"Changes & Modifications" to Assessment Districts # 90-3, 91-1 and 94-1. The City will receive
the benefit of full cost recovery for staff costs (estimated at $6,500) to be paid by EastLake and
not by the Assessment Districts. The impact of the change and modifications is to lower the
annual assessmem to each home owner, per Table 1.
Exhibits:
A - EastLake Greens Site utilization Plan
B - Resolutions # 18378 & 18379
C - A.D. Spread Total for A.D. # 90-3, 91-1, a~4-1
D - A.D. # 90-3 Original and Modified Assessment Spread
E - A.D. # 91-1 Original and Modified Asse~ent S''v -pread
F - A.D. # 94-1 Original and Modified A~ment Spread
FILE: 0725-10-AD 90-3
0725-10-AD 91-1
0725-10-AD 94-1
0725-10-AY099
0(~O-80-ELGI0
060~-80-ELGI6
Jun 12, 1998; 9:23AM
H:\HOME\ENGINEER~AGENDA\PHCM 1016.FXR
SOL,mOS O.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C~ VISTA,
CALIFORNIA ORDERING CERTAIN CHANGES AND MODIFICATIONS IN THE
ASSESSMENTS IN CERTAIN SPECIAL ASSESSMENT DIsTRIcTs
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has adopted
a Resolution pursuant to the provisions of Chapter 4.5 of Division 12 of the Streets and Highways Code of the
State of California, and specifically Section 10353 (the "Municipal Improvement Act of 1913") (the
"Improvement Act"), declaring its intention to order eemdn changes and modifications in the proceedings and
the assessments, and did, pursuant to law, set forth a time and place for a public hearing on said proposed
changes and modifications in special assessment districts known and designated as ASSESSMENT
DISTRICTS NO. 90-3, 91-1 and94-1 herereina ffer referred to collectively as the "Assessment Districts"); and,
WHEREAS, at this time notice of the public hearing on the proposed changes and modifications has
been given in the manner and form as required by law; and,
WHEREAS, such notice of public hearing as provided to the record owner of any pm, eel for which the
assessment was proposed to be increased was accompanied by an assessment ballot as required by as required
by Article XIIID of the Constitution of the State of California ("Article XIIID~) and the Proposition
218 Implementation Act (Government Code Section 53750 and following)(the "Implementation Act")
(the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively
as the "Assessment Law"); and,
WHEREAS, at this time this City Council determines that the assessmem ballots received by
the City in favor of the proposed increase in the assessment and weigh~l as required by the
Assessment Law exceeded the assessment ballots received in opposition to the propOsed increase in
assessment and similarily weighted and, therefore, a majority protest pursuant to the Assessment Law
does not exist; and
WHEREAS, this legislative body has heard the presentation and testimony as it relates to the proposed
changes and modifications, and this legislative body is now ready to proceed to take action on said proposed
changes and modifications.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This legislative body hereby orders those changes and modifications as sift forth in
a Resolution of Intention to order said changes and modifications.
SECTION 3. The decisiom and determinations ofthis legislative body ordering tbe above-referenced
changes and modifications shall be final and conclasive upon all persons entitled to appeal thereon.
SECTION4. The Engineer's "Report", the Assessment Roll, and ail rdated documentation, as herein
modified, are for the best interest of the property owners wjflain the Assessment District, and said modified
"Report" shall stand as the Engineer's "Report" for all subsequent proceedings relating to this Assessment
District.
Presented by
Approved as to form by
~ohn P. Lippitt
Public Works Director
John Kaheny
City Attorney
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and
a resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of the STAR-NEWS, a
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
Chula Vista and the South Bay Judicial
District, County of San Diego, which
newspaper has been adjudged a news-
paper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the
date of April 23, 1951, Case Number
182529; that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to-wit:
6/13
all in the year 1998
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Chula Vista, California 91910
this 13/~;day of aune , 19. 9__{8
S i g n at u r e('-~.~.~ _ ~¢./L{~/
PRINCIPLE CLERK
This space is for the County Clerk's filing stamp
Proof of Publicaton of:
CV 11031
...................... .0T~ A rau¢ I ..........
NOT'I(~E IS' HEREBY
GIVEtt THaT THE ~R, JLA
VISTA CITY COUNOfl. Mil
Paste cii*~ the f~'~m:
of the
exte~dl~o ~t from
FOU~ A~be
Zen th and~ ~.
fH~:~ L~I~ & TomHn-'
son, acting as ~O~nt for
· e ~r ~ t~e~r-
tact the Department of
Divisi~n, located ~the
PubI~'S~S 8u~g,
(2) D~l~lng
Ce~aifl ~nt DiS:
is nec~sary d~ ~e a
~n E~t~
OFFICIAL ASSESSMENT BALLOT
ASSESSMENT BALLOT PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO.
90-3, 91-1 AND 94-1
CHANGE AND MODIFICATION PROCEEDINGS
Name and address of record owner:
EASTLAKE DEVELOPMENT COMPANY
900 LANE AVENUE, SUITE 100
CHULA VISTA, CA. 91914
Parcel Identification: A.P.N. 643-170-02
Total parcels owned: 1
Aggregate current assessment: $1,758,638.14
Aggregate proposed assessment: $2,040,903.69
CERTIFICATION OF ENTITLEMENT TO COMPLETE AND SUBMIT ASSESSMENT
BALLOT:
To be entitled to complete and submit this assessment ballot, the person completing and
submitting this assessment ballot must be (a) the record owner of the property identified above or
the representative of the record owner who is legally authorized to complete and submit this
assessment ballot for and on behalf of thc record owner.
The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this
assessment ballot and hereby waives all time limits pertaining to notice of the public hearing and receipt
of the assessment ballots pertaining hereto:
assessment ballot
~of p~g
ballot
Print name of person completing assessment
THIS ASSESSMENT BALLOT WILL NOT BE TABULATED UNLESS THE ABOVE
CERTIFICATION IS EXECUTI~D BY THE PERSON COMPLETING THIS ASSESSMENT
BALLOT.
ASSESSMENT BALLOT QUESTION:
To complete this assessment ballot, you must fill in only one of the squares below. Filling in both
squares will void this assessment ballot.
Do you approve the increase in the assessment of the YES
above identified property as proposed?
NO
Upon completion place, the assessment ballot in the return
envelope and mail or deliver the assessment ballot to the
address shown on the return envelope pursuant to the instructions enclosed with this assessment
ballot.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
COUNCIL AGENDA STATEMENT
Item
Meeting Date ,01~26198 ~//~./~
RESOLUTION "/~'~/OF"'" APPROVING THE INDUSTRIAL LAND TASK FORCE
RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT
Community Development DJrect~.~\LXk~--~-~
In 1996, the EDC expressed concerns to Council regarding the City's decreasing industrial land supply. On
October 9, 1997, staff presented a report regarding the lack of adequate industrially zoned land in Chula
Vista at a joint Planning Commission/City Council Workshop. The report addressed the decreasing supply
of "deliverable" industrial acreage and the increasing industrial demand (including high tech and R&D) both
in the City of Chula Vista and county-wide. The report discussed 1) the importance of providing for
industrial uses, 2) existing Chuia Vista industrial development strategies and marketing efforts, 3) concerns
regarding the City's ability to meet current and future demand, and 4) recommendations to address land
inventory shortages. Public testimony was received. Members of the Planning Commission and Council
suggested that the Economic Development Commission (EDC) establish a Task Force to review the issues
discussed at the workshop (including developers' concerns regarding City fees and processing) and that staff
and the Task Force return to Council with recommendations. An Industrial Land Task Force was formed,
chaired by the EDC Chair, and composed of the Planning Commission Chair, the Mayor, and 5 EDC
Commissioners (see Attachment 1). The Task Force held four meetings and developed the recommendations
presented within this report. Staff supports the recommendations.
RECOMMENDATION: That Council adopt the Resolution approving the Chula Vista Industrial Land Task
Force recommendations (see Section III.B., page 7) and direct staff to implement.
BOARDS/COMMISSIONS RECOMMENDATION: In October 1996, the EDC submitted a letter to
Council expressing concern regarding the diminishing supply of Chula Vista industrial acreage. On May 6,
1998, the EDC voted (6-0-3; Commissioners Lewis, Reynolds, and Rubin absent) to approve the Industrial
Land Task Force recommendations.
DISCUSSION:
I. INDUSTRIAL LAND WORKSHOP
At the October 9 Workshop staff presented a comprehensive Issue Paper addressing industrial land shortages
in Chula Vista (see Attachment 2). Staff and members of the Economic Development Commission expressed
concern regarding the disconnect between Council-approved economic development strategies and related
marketing activities, the resulting demand from industrial users, and the growino inability of the City to
deliver land to meet these users' needs. The City's land shortage, as presented in the Issue Paper and as
updated to reflect real estate transactions since that time, is illustrated in the two tables below:
Page 2, Item __
Meeting Date 05126198
TABLE I
VACANT INDUSTRIAL LAND
(INCLUDES ALL PARCELS, INCLUDING THOSE NOT READILY DELIVERABLE,
AND THOSE NOT MARRETARLE TO TARGETED INDUSTRIES.)
ISSUE PAPER
OCTOBER 1997
UPDATED
MAY 1998
EXISTING PROJECTED PROJECTED EXIS~NG PROJECTED PROJECTED
IMPROVED IMPROVED UNIMPROVED IMPROVED IMPROVED UNIMPROVED
ACREAGE ACREAGE ACREAGE ACREAGE ACREAGE ACREAGE
WESTERN AREA
"Central" (Hwy 54) 18 18 O 133
Bayfront (Port properties) 45~ 0 to 452 0 45
Southwest/Montgomery 92 92 0 804
EASTERN AREA
EastLake Business Center 40 (Phl} 22 {Phl)7 0-25 (Ph2)~ 10 (Phl)~8
Rancho del Rey Business Center 11 88 0 3~4
Otay Rio Business Park 32 09 0 32
Otay Valley Road 906 40.50?° 0 90
Otay Ranch, 18b & Village 3 0 0 232 0
Sunbow 0 0 23~8 0
SDG&E 30
TOTAL 328 180-235 255-280 303
13
05
8O
10 (Phl)
3
0
40-50
0
0
30
176-186
0
0
0
0.25 (Ph2)
0
0
0
232
23
0
255-280
NOTE:
"Improved" properties are served by public improvements (road access, sewer, water, etc.).
"Projected" number reflect near-term "losses" due to anticipated non.industrial uses.
s Reflects
4 Reflects
5 Reflects
s includes
? Reflects
8 Reflects
9 Reflects
Reflects
11 Reflects
12 Reflects
includes lots 1, 2, 5, 6, 7, 9 and 10 of the Port District Tidelands property (i.e. "IDEC site" and 2 adjacent parcels; and J St./Marina Pkwy parcel).
ReRects Port's razoning o1 Tidelands to allow for non-industrial uses; up to 45 acres could be developed as non-industrial ("lost").
ongoing construction of Sweetwater Demineralization Facility (on 5 acres),
rezone of 12 acres to Commercial (Greenwald site/County HHS building).
Port's change in approach, i.e. to develop the Bayfront for non-industrial uses.
following properties: 30 ac. Darling Delaware; 10 ac. Davies; 17 ac. Sexton; 23 ac. Borst; and 10 ac. Cushman.
9 acres in escrow (including I.N.S.) and 9 acres in reserve for WRBC.
proposed 3 acre speculative industrial.
anticipated rezone to commercial/entertainment.
anticipated use of 20-30 acres (Borst) for Auto Park Phase R and 20 acres (e.g. Davies and/or DariinD Delaware) rezoned for support commercial.
EastLake's proposal to rezone all or part of Phase II to residential.
proposed partial rezoning to park use.
Reflects sale of 2 acres to Sunrise Jewelry Manufacturing, 5 ac. to INS; and pending sales (in negotiations or escrow) of 23 acres for speculative hiDh-ima~e
industrial space.
Reflects 3 ac. sale for speculative industrial, 2 ac. for University of Phoenix, and 3 acres for theater. ~ ~ ~ ~
Page 3, Item __
Meeting Date 05126198
While Table I shows a projected 181-191 acres of "improved" or "finished" industrial properties, very few
of these sites are readily deliverable (able to be permitted and developed within a normal, competitive
timeframe) and therefore marketable. The vast majority are handicapped by environmental constraints,
blighted conditions, unwilling sellers, or inadequate parcel size. ONLY NINE (9) IMPROVED SITES ARE
LARGER THAN FIVE ACRES AND DELIVERABLE. NONE OF THESE ARE LOCATED WITHIN AN
UPSCALE BUSINESS PARK. The 9 deliverable sites are identified in Table II below, and in the map in
Attachment 3.
TABLE II
DELIVERABLE INDUSTRIAL SITES § ACRES OR LARGER
AREA
EASTLAKE PHASE I
RANCHO DEL REY
UAYFRONT
CENTRAL
OTAY VALLEY ROAD
SOUTHWEST
TOTALS
PER ISSUE PAPER UPDATED
OCT. 1997 MAY 1998
# OF //OF
PARCELS ACREAGE PARCELS ACREAGE
1 5.5 0 0
1 5 0 0
3 32 0 0
1 5 0 0
3 46 4 62
6 45 5 33
15 138.5 9 95
At the workshop, staff summarized the land supply situation at that time as follows:
· After years of inactivity, industrial demand has shot upward and is projected to continue to increase
regionally and in Chula Vista.
· Due to major uncertainties regarding future land use policies of areas currently zoned industrial,
including the Bayfront, SDG&E, EastLake Business Center Phase II, Otay Rio Business Center, and
Sunbow Business Park, staff is unable to proactively and effectively respond to companies' site
searches.
· Very few existing industrial zoned properties are readily #e/iverab/e due to land use issues,
environmental contamination issues, unwillingness/reluctance of the owner to sell, inadequate parcel
size, and/or other barriers to development.
· Over 200 acres of industrial land have been rezoned to non-industrial uses since 1993; and up to an
additional 350 industrial acres are anticipated to be "lost" in the near future, including Otay Rio
Business Park's remaining 32 acres; EastLake Business Center Phase II (up to 100 ac.); Sunbow
Business Park {up to 40 ac.); and potentially, Otay Valley Road properties (to support the water park
and amphitheatre).
· Only 3 deliverable sites larger than 10 acres exist in the City. 1) the Port District's "IDEC" site; 2)
Port District's 15 acres at J Street and Marina Blvd.; and 3) the Borst property east of the Auto Park.
Page 4, Item .,
Meeting Date 05126198
Today, 7 months later, the readily deliverable, marketable suoolv is even less, and can be summarized as
follows:
· The entire Port District Tidelands property, although zoned to a]low industrial, is no longer being
marketed to industrial users. (Note: The Port has withdrawn its offer to IDEC.)
· The Port is considering buying the SDG&E property; it is not known if industrial uses will be permitted.
· Negotiations are still ongoing between the City and Sunbow to convert part or all of the 40 ac.
Business Park to park uses.
· The only upscele Business Perl~ in Chule Vista is the EastLeke Business Center (the City's High
TechlBiotech Zone). However, EastLake Business Center Phase I now has minimal remaining property.
The availability of Phase II (100 ac. gross) remains unclear and therefore Phase II remains
unmarketable (staff has been most recently advised by EastLake that the City may market the 20-30
acres adjacent to Phase 1; however, for the past few years this position has been inconsistent).
· It is still anticipated that the remaining Otay Rio industrial property will be rezoned commercial to
support the Water Park and Amphitheatre.
· The owners of Otay Ranch Village 3 and Section 18b are not interested in marketing their industrial
property at this time (and the site lacks major physical infrastructure).
· Rancho del Rev Business Center is now essentially built out.
· Industrial properties in the Southwest Project Area continue to suffer from serious impediments to
development, including very small and irregular-sized parcels, blighted buildings, and environmental
problems.
· On the positive site, the Sexton-owned property on Otay Valley Road has become available due to the
withdrawal of the solid waste transfer station proposal
Bottom Line Today: Chula Vista has only _9 deliverable (vacant improved, and
unencumbered ) industrial sites larger than 5 acres (see Table II), and only two deliverable
sites larger than 10 acres (the 20 acre Borst property east of and adjacent to the Auto
Park, and the 17 acre Sexton property on Otay Valley Road). Only two industrial buildings
remain available with more than 5D,O00 sf (Nellcor Bldg. and 666 L Street); however, both
are in serious negotiations, which would leave the City with no large industrial building in
its current inventory.
At the workshop, staff recommended that Council consider redirecting the City's industrial development
strategies and related marketing activities, or preferably, that Council:
· Preserve the existing Hi,oh Tech/B/otec/7 Zone (within the EastLake Business Center) and its existinq
industrial land use designation
· Evaluate the feasibility of creating Over/a)~ Zones to allow for emerging light industrial uses within
commercial areas (for example, industrial R&D, software manufacturing)
Page 5, Item __
Meeting Oate 05126198
· Direct staff to analyze the impact of each specific proposed application to change industrial land in
relation to the City's economic development strategies
· Direct staff to return with recommendations regarding preserving the existing industrial land inventory
and appropriate opportunities for rezoning nonindustrial land to an industrial designation
· Provide staff with Council's vision regarding the future role of industrial development within the
Bayfront, Otay Valley Road, and the Southwest Project Area
The new Industrial Land Task Force recommendations are delineated in Section III.B. (pg. 7) and
are consistent with the above. Staff supports the Task Force recommendations.
II. CURRENT INDUSTRIAL MARKET DEMAND
A. REGIONAL SHORTAGE/SDEDC INDUSTRIAL LAND COMMITTEE
At the joint workshop, staff discussed the changing economy and the rapidly increasing industrial demand,
both regionally and locally. Staff noted that in 1990 less than 7§§ acres were sold in all of San Diego
County. In 1997, approximately 980 acres were sol# by mid year and land prices had nearly doubled.
Today, regional experts are warning that land has all but #isappaare#, in the most desirable high tech areas
of Torrey Pines, Sorrento Mesa and Carlsbad (with prices in the ~14.00 sf range); virtually all other areas
are also essentially sold out (e.g. Oceanside, Escondido, San Marcos), or have no de/iverab/~/end (e.g.
Miramar). Land is still available in Poway and Otay Mesa, including large parcels. {Land in Poway is selling
for approximately ~6.00 psi plus up to ~3.00 in assessments.) There are approximately 400 acres of
deliverable lots available in Otay Mesa (with prices ranging from ~4.50 to ~6.00 plus up to ~1.80 in
assessments). Typica[ uses are manufacturing, warehouse and distribution. (See Articles, Attachment 4.)
Regional officials are taking note of what is being called by some the industrial land crisis. SANDAG and
the SDEDC have formed a Regional Industrial Land Committee which is charged with: 1) developing an
industrial land inventory (improved and unimproved); 2) identifTing areas in the region suitable for business
park development; 3) identifying potential redevelopment opportunities; and 4) developing po]icy
recommendations regarding increasing the supply. (Chula Vista is represented on this Committee by
Economic Development staff.) The City of San Diego and the City of Oceanside are updating their Zoning
Code to allow greater flexibility of uses, including light industrial in commercial zones. San Diego has also
identified up to 300 acres that could be rezoned industrial, and various sources indicate that it is seeking
to establish a Biotech Business Park in Otay Mesa.
B. RECENT CHULA VISTA ACTIVITY
The EDC, the Industrial Land Task Force, and staff share concerns that the City has positioned itself over
the past several recessionary, inactive years to attract desirable high tech businesses but will miss the
opportunity to capitalize on those efforts if actions to preserve and expand deliverable sites are not quickly
taken. Certain landowners and developers expressed skepticism at the Council and Task Force workshops
Page 6, Item __
Meeting Date 05126198
that Chu]a Vista would experience significant demand, based upon the virtually zero absorption rate over the
past several years and the high tech industry's historical preference for North County. However, in the 7
months since the October workshop, vigorous local real estate activity has demonstrated the now marl~e'~
reality, During that time the following transactions have occurred:
· Raytheon, an international Fortune 100 aerospace firm, acquired the "RTA building" (102,000 s.f.; 250
employees) and is currently adding an additional 20,000 s.f,
· EastLake has 91% of its Phase I Business Center either sold or in escrow (see Map, Attachment 5).
Among the proposed developments am:
- A 160,000 s.f. corporate-image, light manufacturing facility in EastLake Business Park, Phase I
- Additional "Spec" industrial buildings (in planning stages)
. Relocation/expansion of the Sunrise Jewelry manufacturing facility (from Rancho del Roy)
· Two companies (one high tach; both confidential) are looking at 666 L Street (112,000 s.f.)
· A high-image, 165,000 s.f. "spec" office complex in the EastLake Village Center
· Three companies (one environmental technology; one jewelry manufacturer; one confidential) are looking
at the vacant Nellcor building in EastLake (90,000 s.f., including "clean rooms")
· A confidential development proposal is being reviewed by staff which includes significant R&D space
· Pima [Medical Vocational School] has leased a major portion of 780 Bay Blvd.
· A 61,000 s.f. high-image, "spec" industrial building has been built in Rancho del Roy
· Plenums+, an air duct manufacturer, purchased a 42,000 sf facility at 67 Brisbane
III. CHULA VISTA INDUSTRIAL LAND TASK FORCE
A. MEETINGS AND PUBLIC INPUT
Members of the Planning Commission and Council suggested that the EDC form a Task Force to respond
to the issues raised by staff and the public at the Workshop. The EDC formed the Task Force (see
Attachment 1) which held four (4) meetings. The second meeting was directly noticed to all identifiable
local industrial landowners and developers, and well as locally active commercial/industrial real estate
brokers, to solicit their input. Representatives of two local landowners/developers expressed concerns
regarding: 1) the lack of previous absorption in Chula Vista and the uncertainty of future demand; 2) the
City's need for an "industrial policy" and industry targeting; 3) the high costs of local fees; 4) the need to
improve customer service to businesses; 5) the need for SR 125; 6) the need to build on existing clusters
and to offer incentives; and 7) the SDEDC's call for the creation of a 200-300 acre Biotech Business Park
within the County. Active brokers discussed the serious shortage of industrial land throughout the County,
the shortage of land for sale in the Southbay, and particularly the lack of large parcels. Brokers discussed
the emerging opportunities for Chula Vista based upon the buildout of industrial areas elsewhere and
increased land prices County-wide, making local prices highly competitive. (Example: Miramar property
selling for 814.00 s.f.; was 85.00 only one year ago.)
Page 7, Item __
Meedng Date 05126198
in subsequent meetings, the Task Force discussed the issues raised by the public as delineated above. The
Task Force further discussed: 1) existing Chula Vista "industrial policies" and targeting strategies (including
the High TechlBiotech Zone, BECA and others); 2) existinD incentives which have been marketed but lack
land to successfully impJement; 3) the difficulties associated with much of Chula Vista's industrial inventory;
and 4) the dramatic increase in business inquiries and industrial property transactions. The Task Force
concluded that while concerns pertaining to development impact fees and customer service were important
to address, the initial focus should remain on ~an# availabi//ty; essentially that unless land shortages are
remedied, fees and permit streamlining become moot. However, the Task Force is recommending that the
development fee and permitting - related issues be referred back to the EDC for their consideration regarding
how to handle.
D. TASK FORCE RECOMMENDATIONS
The Task Force is submitting the following "Mission Statement" and recommendations for Council review
and adoption. The recommendations have been divided into three (3) categories - 1) Marketing, 2) Land
Supply, and 3) Fees and Customer Service.
· Mission Statement
TO IDENTIFY ECONOMIC DEVELOPMENT ACTIVITIES AS A PRIORITY FOR THE CITY, INCLUDING THE RECRUITMENT
OF TARGETED, HIGH TECHNOLOGY, HIGH PAYING AND ENVIRONMENTALLY-FRIENDLY INDUSTRIES, AND TO ENSURE
THAT THE CiTY HAS ADEOUATE RESOURCES TO ACHIEVE TARGETED INDUSTRY GOALS, INCLUDING SHORT AND LONG
TERM /2E//I/ERABL£ LAND SUPPLY, ADEBUATE MARKETING TOOLS, COMPETITIVE BUSINESS INCENTIVES, REOUISITE
INFRASTRUCTURE, AND A BUSINESS FRIENDLY DEVELOPMENT REVIEW PERMITTING PROCESS.
· TARGETED INDUSTRIAL MARKETING EFFORTS:
1. REAFFIRM EXISTING BUSINESS ATTRACTION, RETENTION, AND EXPANSION STRATEGIES WHICH CURRENTLY TARGET
BIOTECHNOLOGY MANUFACTURERS, DEFENSE/AEROSPACE FIRMS, IMPORT/EXPORT FIRMS, AND OTHER HIGH GROWTH,
HIGH TECHNOLOGY COMPANIES EMPLOYING HIGHLY PAID WORKERS.
TIMEFRAME: IMMEDIATE
2. REAFFIRM ONGOING ECONOMIC DEVELOPMENT MARKETING EFFORTS TO ATTRACT INDUSTRIAL/R&D DEVELOPERS AND
USERS TO THE FOLLOWING AREAS CURRENTLY ZONED FOR INDUSTRIAL:
A. HIGH TECR/BIOTECI-I ZONE AT THE EASTLAKE BUSINESS CENTER, PHASE I AND II;
B. rITAY VALLEY ROAD; AND
C. OTAY RANCH, VILLAGE 3 & 18B. TIMEFRAME: IMMEDIATE
Page 8, Item __
Meeting Date 05126198
INDUSTRIAL LAND SUPPLY:
1. ADOPT A POLICY DISCOURAGING THE USE OF INDUSTRIALLY ZONED LAND FOR NON-INDUSTRIAL USES AND REOUIRING
INDIVIDUAL APPLICATIONS TD CONVERT INDUSTRIAL LAND, SUCH AS GENERAL PLAN AMENDMENTS, HEZONES, OR
CUP's, TO INCLUDE:
A. AN INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS; AND
B. EDC REVIEW PRIOR TO PLANNING COMMISSION CONSIDERATION, AS APPLICABLE.
TIMEFRAME: WITHIN I MONTH
2, REAFFIRM THE CITY'S INTENT TO PRESERVE THE HIGH TECH/BIOTECH ZONE BY MAINTAINING THE EXISTING
INDUSTRIAL LAND USE DESIGNATION IN THE EASTLAKE BUSINESS CENTER PHASES 1 AND 2.
TIMEFRAME: IMMEDIATE
3. DIRECT STAFF TO EVALUATE THE EXISTING JR (INDUSTRIAL BESEARCH) ZONE TO ENSURE THE FLEXIBILITY NEEDED TO
ACCOMMODATE NEW, TECHNOLOGY- AND INFORMATION-BASED INDUSTRIES AND TO RECOMMEND AMENDMENTS TO
COUNCIL AS APPROPRIATE. TIMEFRAME: WITHIN 6 MONTHS
4. EVALUATE THE FEASIBILITY OF APPLYING THE IR ZONE (AS AMENDED) AS AN OVERLAY ZONE TO ALLOW FOR LIMITED
R&O/LIGRT INDUSTRIAL USES WITHIN CERTAIN COMMERCIAL AREAS WITHIN THE CITY INCLUDING, BUT NOT LIMITED
TO:
A. EASTLAKE VILLAGE CENTER (INCLUDING KAISER SITE);
B. OTAY RANCH EASTERN URBAN CENTER AND VILLAGES 9 AND 10 (UNIVERSITY SITE);
C. BAYFRONT (MIDBAYFRONT, PORT AND B.F. GOODRICH SITES);
D. BROADWAY;
E. TOWN CENTRE I PROJECT AREA; (3RD AVENUE);
F. SOUTHWEST PROJECT AREA (MAIN
AND RETURN TO COUNCIL WITH SPECIFIC RECOMMENDATIONS REGARDING THE USE OF SUCH OVERLAY ZONES.
TIMEFRAME: WITHIN 6 MONTHS
5. DIRECT STAFF TO EVALUATE LAND USES CITYWIDE TO IDENTIFY POTENTIAL AREAS FOR REZONING TO INDUSTRIAL
INCLUDING, BUT NOT LIMITED TO:
A. OTAY RANCH VILLAGE 2 (ONLY THAT PORTION WITHIN THE 1,000 FT. LANDFILL BUFFER) AND VILLAGE 2 WEST,
AND REPORT RECOMMENDATIONS TO COUNCIL.
TIMEFRAME: WITHIN 12 MONTHS
6. DIRECT STAFF TO EVALUATE THE POTENTIAL FOR ANNEXING LAND Tn THE SOUTH OR EAST TO PROVIDE FOR
ADDITIONAL INDUSTRIAL LAND INVENTORY AND REPORT RECOMMENDATIONS TO COUNCIL.
TIMEFRAME: WITHIN 12 MONTHS
Page 9. Item__
Meeting Date 05126198
7. DIRECT STAFF TO WORK PROACTIVELY WITH DEVELOPERS WHEN NEGOTIATING OR RENEGOTIATING PUBLIC FACILITY
FINANCING PLANS, AND RELATED PHASING REOUIREMENTS AT THE SPA LEVEL, TO ENSURE THAT IMPROVEMENTS
SERVING INDUSTRIAL/R&FI AREAS, INCLUDING BUT NOT LIMITED TO TRANSPORTATION-RELATED INFRASTRUCTURE, ARE
PROVIDED IN THE MOST TIMELY FASHION FEASIBLE.
TIMEFRAME: CONTINUALLY
· FEES AND CUSTOMER SERVICE:
1.1
DIRECT THE ECONOMIC DEVELOPMENT COMMISSION TO CONSIDER APPROACHES THE CITY MAY WISH TO TAKE TO
ADDRESS FEES AND CUSTOMER SERVICE AND REPORT RECOMMENDATIONS TO COUNCIL.
TIMEFRAME:WITHIN 4 MONTHS
FISCAL IMPACT: Adoption of the recommendations are expected to have a positive, long term fiscal
impact on the City. There are no direct costs to the City associated with the recommendations other than
staff time. Several items would entail substantial staff time to impJement.
A'i-TACHMENTS per~
1 -!ndustrial Land Task Force Roster
2 - 'Lack of Adequate Industrial Zoned Land" Issue Pa
3- Map-Deliverable Industrial Sites 5 Acres orLargar ~
4- Articles
5- Map- EastLake Business Center Phase f~ ~ ~~'
H:IHOMETCOMMDETflSTAFF.REPTOS.26.981Task Force Recommendations [May 20, 1998 (4:21pm)]
RESOLUTION NO. / ~/~/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE INDUSTRIAL LAND TASK FORCE
RECOMMENDATIONS AND DIRECTING STAFF TO IMPLEMENT
WHEREAS, on October 9, 1997, staff presented a report regarding the lack of
adequate industrially zoned land in Chula Vista at a joint Planning Commission/City Council
workshop; and
WHEREAS, the report addressed the decreasing supply of "deliverable industrial
acreage and the increasing industrial demand both in the City of Chula Vista and county-wide; and
WHEREAS, the Planning Commission and Council requested that the Economic
Development Commission (EDC) establish a Task Force to review the issues discussed at the
workshop and that staff and the EDC return to Council with specific recommendations; and
WHEREAS, an Industrial Land Task Force was formed, composed of the EDC Chair,
the Planning Commission Chair, the Mayor, and 5 EDC Commissioners; and
WHEREAS, the Task Force held four meetings and developed the following
recommendations:
· TARGETED INDUSTRIAL MARKETING EFFORTS:
REAFFIRM EXISTING BUSINESS ATTRACTION, RETENTION, AND EXPANSION STRATEGIES WHICH
CURRENTLY TARGET BIOTECHNOLOGY MANUFACTURERS, DEFENSE/AEROSPACE FIRMS, IMPORT/EXPORT
FIRMS, AND OTHER HIGH GROWTH, HIGH TECHNOLOGY COMPANIES EMPLOYING HIGHLY PAID WORKERS
REAFFIRM ONGOING ECONOMIC DEVELOPMENT MARKETING EFFORTS TO ATTRACT INDUSTRIAL/R&D
DEVELOPERS AND USERS TO THE FOLLOWING AREAS CURRENTLY ZONED FOR INDUSTRIAL:
A. HIGH TECH/BIOTECH ZONE AT THE EASTLAKE BUSINESS CENTER, PHASE I AND II;
B. OTAY VALLEY ROAD; AND
C. OTAY RANCH, VILLAGE 3 & 18B
· INDUSTRIAL LAND SUPPLY:
ADOPT A POLICY DISCOURAGING THE USE OF INDUSTRIALLY ZONED LAND FOR NON-INDUSTRIAL USES
AND REQUIRING INDIVIDUAL APPLICATIONS TO CONVERT INDUSTRIAL LAND, SUCH AS GENERAL PLAN
AMENDMENTS, REZONES, OR CUP's, TO INCLUDE:
A. AN INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS; AND
a. EDC REVIEW PRIOR TO PLANNING COMMISSION CONSIDERATION, AS APPLICABLE.
REAFFIRM THE CITY'S INTENT TO PRESERVE THE HIGH TECH/BIOTECH ZONE BY MAINTAINING THE
EXISTING INDUSTRIAL LAND USE DESIGNATION 1N THE EASTLAKE BUSINESS CENTER PHASES 1 AND
2.
DIRECT STAFF TO EVALUATE THE EXISTING IR (INDUSTRIAL RESEARCH) ZONE TO ENSURE THE
FLEXIBILITY NEEDED TO ACCOMMODATE NEW, TECHNOLOGY- AND INFORMATION-BASED INDUSTRIES
AND TO RECOMMEND AMENDMENTS TO COUNCIL AS APPROPRIATE.
EVALUATE THE FEASIBILITY OF APPLYING THE IR ZONE {AS AMENDED) AS AN OVERLAY ZONE TO
ALLOW FOR LIMITED R&D/LIGHT INDUSTRIAL USES WITHIN CERTAIN COMMERCIAL AREAS WITHIN THE
CITY INCLUDING, BUT NOT LIMITED TO:
A. EASTLAKE VILLAGE CENTER (INCLUDING KAISER SITE);
B. OTAY RANCH EASTERN URBAN CENTER AND VILLAGES 9 AND 10 (UNIVERSITY
SITE);
C. BAYFRONT (MIDBAYFRONT, PORT AND B.F. GOODRICH SITES);
D. BROADWAY;
E. TOWN CENTRE I PROJECT AREA; (3RD AVENUE);
F. SOUTHWEST PROJECT AREA (MAIN ST.);
AND RETURN TO COUNCIL WITH SPECIFIC RECOMMENDATIONS REGARDING THE USE OF SUCH OVERLAy
ZONES.
DIRECT STAFF TO EVALUATE LAND USES ClTYWIDE TO IDENTIFY POTENTIAL AREAS FOR REZONING TO
INDUSTRIAL INCLUDING, BUT NOT LIMITED TO:
A. OTAY RANCH VILLAGE 2 (ONLY THAT PORTION WITHIN THE 1,000 FT. LANDFILL
BUFFER) AND VILLAGE 2 WEST,
AND REPORT RECOMMENDATIONS TO COUNCIL.
DIRECT STAFF TO EVALUATE THE POTENTIAL FOR ANNEXING LAND TO THE SOUTH OR EAST TO
PROVIDE FOR ADDITIONAL INDUSTRIAL LAND INVENTORY AND REPORT RECOMMENDATIONS TO
COUNCIL.
DIRECT STAFF TO WORK PROACTIVELY WITH DEVELOPERS WHEN NEGOTIATING OR RENEGOTIATING
PUBLIC FACILITY FINANCING PLANS, AND RELATED PHASING REQUIREMENTS AT THE SPA LEVEL, TO
ENSURE THAT IMPROVEMENTS SERVING INDUSTRIAL/R&D AREAS, INCLUDING BUT NOT LIMITED TO
TRANSPORTATION-RELATED INFRASTRUCTURE, ARE PROVIDED IN THE MOST TIMELY FASHION FEASIBLE.
FEES AND CUSTOMER SERVICE:
1.1
DIRECT THE ECONOMIC DEVELOPMENT COMMISSION TO CONSIDER APPROACHES THE CITY MAY WISH
TO TAKE TO ADDRESS FEES AND CUSTOMER SERVICE AND REPORT RECOMMENDATIONS TO COUNCIL.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the Industrial Land Task Force Recommendations, and directs staff to
implement.
Presented by
Chris Salomone
Director of Community Development
Approved as to form by
{{CD) H:~HOME~COMMDEV\RESOS~TASK (May 13, 1999 (2:55pm)]
COUNCIL A~ENDA STATEMENT
Meeting Date 6/23/98
ITEM TITLE: Resolution directing staffto develop an education program for
Chula Vista residents on utility deregulation, consumer choice, and carbon
dioxide emissions; and directing staff to act as a conduit to residents;
offering value-added information service regarding electricity choices
available to consumers, specifically relating to green power.
SUBMITTED BY: Environmental Resource Manager BambergerC_~
REVIEWED BY: City Manager (4/5ths Vote: Yes_ No X )
Local governments around the State are beginning to recognize that there may be a role to play in
the quickly changing utility market to provide 'value-added' service to its residents during this
transition. Chula Vista residents and businesses now have a choice in selecting a preferred
energy provider due to the newly opened market. However, many residents are unsure of the
process for switching to another energy provider, may be unaware of the options available, or
may look for specific environmental or cost benefits by switching providers.
Over the past few months, staffhas met with a number of California cities involved with the
International Council of Local Environmental Initiatives (ICLEI) Cities for Climate Protection
Campaign. These meetings brought together city staff interested in assisting and educating its
residents/consumers on electricity choices now available; specifically relating to residential
energy providers which deliver clean energy. These cities hope to accomplish such educational
efforts by coordinating to disseminate materials which provide an objective list of companies
offering 'green power', based upon the State of California's definition of renewable energy. No
fiscal impacts are expected. Staff recommends that Council authorize staff to develop objective
educational materials for distribution to Chula Vista residents on energy providers offering non-
carbon intensive energy.
RECOMMENDATION: That Council direct staff to develop an education program for
Chula Vista residents on utility deregulation, consumer choice, and carbon dioxide emissions;
and directing staff to act as a conduit to residents; offering value-added information service
regarding electricity choices available to consumers, specifically relating to green power.
BOARD/COMMISSION RECOMMENDATION: N/A
BACKGROUND
Cities are in a prime position to provide substantive, trustworthy information on the choices
residents have in the electric marketplace due to restructuring. Currently, information on the
available choices in the electricity marketplace is sparse. Residents are likely confused about
electric restructuring. There is a lack of confidence among residents to switch power companies
entering the marketplace. Residents are receiving advertising materials from various energy
suppliers with which they are unfamiliar. The result is that, despite a newly restructured market,
the majority of residents will stay with their local utility simply because they don't have enough
information, don't know who to contact to have their questions answered, and don't trust the
marketing materials to make an educated decision.
Environmental Issues:
The U.S. power sector is the nation's single largest stationary source of pollution -- 70% of all
sulphur dioxide come from power plants. Electric generation is the cause of over 2/3rds of all
carbon dioxide emissions in the United States and 1/3rd of the pollution that causes acid rain and
smog. Residential consumers and local governments have the ability, for the first time in U.S.
history, to influence the reduction of carbon dioxide and other polluting emissions.
Cities can utilize its own purchasing power to buy a greener mix of power for city facilities.
Consumers can do so by using market demand to steer the market in the direction of clean power.
Cities have the option to provide a service assisting its residents in this effort by simplifying the
process of switching to an alternative energy provider. This can be done by disseminating
educational and informational materials to residents. Such information could explain, for
example, which vendors are offering power from less polluting sources, the fuel mix of each
option, and the name and telephone number of each vendor. The City may also provide side-by-
side rate information among vendors.
Currently the cost savings anticipated for residents, as a result of electric restructuring, will not
be fully realized until after the year 2002, at which time the industry is completely deregulated
and all stranded costs (past investments) have been recovered. Because there is little savings for
residents to incur by switching companies, consumers are switching suppliers for reasons other
than price. To date, in California, a key reason for switching is because those consumers wish to
purchase energy coming from cleaner resources; however these individuals that have switched
seem to have already been informed on the opportunities available to them. The proposed
educational effort will provide such information to Chula Vista residents.
Local government provides information on a host of environmental issues, such as where to take
household hazardous waste, where to buy recycled material, and the like. Given Chula Vista's
leadership in this area and due to the fact that residents trust local government to provide
objective information on such topics, it may be particularly appropriate for the City to act as a
conduit on the availability of green power providers.
State-Wide Efforts
Staff has been attending state-wide meetings of local governments to explore options to develop
educational materials for residents on green power choices. The cities of San Jose, Irvine, Santa
2
Monica, Santa Barbara and San Francisco have formed a coalition to potentially aggregate and
develop unbiased educational materials on where to find green power options. Known as the
"California Community Energy Alliance," the City of San Jose has recently allocated a staff
person to work full time on developing this coalition, on developing a strategy for cities to assist
constuners and to provide referral information to citizens on who to contact to purchase clean
power.
Options
A variety of options exist for cities, in terms of its role in a deregulated electrical marketplace.
These options are presented below:
No action. Let the commemial marketers provide information to consumers in Chula
Vista.
Information dissemination with no endorsements. City acts to pass along third party
literature in a manner that does not bias one company or another, while prioritizing
information on all vendors offering clean power. Staffis recommending this option.
Help consumers make choices - Develop a non-exclusive franchise based upon basic
criteria standards for consumers, such as taxi operators.
Preferred Vendor: Develop an RFP and solicit proposals responding to specific
requirements and Council defined objectives and criteria such as: reliability and record of
company, type of power supplied, lack of consumer complaints, service record, etc...
companies must meet to be selected as part ora 'city preferred vendor' list, which may or
may not be established through separate non-exclusive franchise agreements with a
number of companies that hope to operate within a given city. The City of Santa
Monica is considering this option.
Carbon Dioxide Reduction Plan
One of Chula Vista's goals within the City's Carbon Dioxide Reduction Plan is to educate the
community on the relationship between carbon dioxide emissions and each resident's ability to
reduce those emissions. In the proposed educational program, Chula Vista would act as a neutral
third party to alert citizens that this information is available through the City. Residents would
be encouraged to contact the City in order to receive helpful information on local providers
offering green power. This information includes the names and phone numbers of companies,
where the power they are offering is produced, the consumer's ability to use his/her purchasing
power to buying less carbon-intensive, cleaner power. Staffwould not provide specific
recommendations, only lists of companies which residents can then contact on their own.
Based upon the State of California definition of 'renewable power' (i.e. green power), a number
of cities are developing educational material which provides a list of companies that offer green
3
power, based upon the California Public Utilities Commission definition.
With the assistance of state and non-governmental organizations, the City could become a
conduit of information for residents interested in purchasing green power but confused as to how
to go about switching to another company. Residents could contact the Environmental
Management Division for information on purchasing green power. The City would then respond
by mailing a packet of information explaining how consumers can learn more about purchasing
clean energy, accompanied by a list of power companies providing green power options.
Upon requests from residents, a list of vendors can be distributed through various publications,
mailers and the like. Staffwould also respond to inquiries from the public and provide contacts
and phone numbers for the variety of service providers available.
Conclusion
In concert with the City's Carbon Dioxide Reduction Plan's educational effort, Council would
direct staffto develop an educational effort for Chula Vista residents explaining how consumers
can now buy power in California that can help reduce carbon dioxide emissions. Staff is
proposing the City provide a 'value-added' information service to Chula Vista residents by
specifically informing consumers which suppliers are selling green power, as well as other
pertinent information on cost, source of power, and where residents and contact such companies.
Fiscal Impact:
The fiscal impact at this time is unknown. Because utility deregulation is a new concept to most
consumers, it is unclear what the consumer demand will be for such materials. Staffhas some
flexibility in the Environmental Management's postage and printing accounts to cover mailing
costs. Materials will be shared with state and non-governmental organizations. Environmental
staff will monitor the responses to mailings for further evaluation of future fiscal impacts.
Postage and mailing can be absorbed in the Environmental Resource Management budget. Staff
will use existing brochures and materials, thus printing costs will be minimal. Information
dissemination will primarily occur through in-house publications such as Laidlaw waste mailers,
the Chula Vista Quarterly and other free publications.
Attachments: Sample of vendor information list
4
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RE O UT ON NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULJt VISTA DIRECTING STAFF TO DEVELOP AN
EDUCATION PROGRAM FOR CHULA VISTA RESIDENTS ON
UTILITY DEREGULATION, CONSUMER CHOICE, AND
CARBON DIOXIDE EMISSIONS; AND DIRECTING STAFF
TO ACT AS A CONDUIT TO RESIDENTS; OFFERING
VALUE-ADDED INFORMATION SERVICE REGARDING
ELECTRICITY CHOICES AVAILABLE TO CONSUMERS,
SPECIFICALLY RELATING TO GREEN POWER
WHEREAS, local governments around the State are beginning
to recognize that there may be a role to play in the quickly
changing utility market to provide 'value-added' service to its
residents during this transition; and
WHEREAS, Chula Vista residents and businesses now have a
choice in selecting a preferred energy provider due to the newly
opened market; and
WHEREAS, however, many residents are unsure of the
process for switching to another energy provider, may be unaware of
the options available, or may look for specific environmental or
cost benefits by switching providers; and
WHEREAS, over the past few months, staff has met with a
number of California cities involved with the International Council
of Local Environmental Initiatives (ICLEI) Cities for Climate
Protection Campaign; and
WHEREAS, these meetings brought together city staff
interested in assisting and educating its residents/consumers on
electricity choices now available; specifically relating to
residential energy providers which deliver clean energy; and
WHEREAS, these cities hope to accomplish such educational
efforts by coordinating to disseminate materials which provide an
objective list of companies offering 'green power', based upon the
State of California's definition of renewable energy; and
WHEREAS, s~aff recommends that Council authorize staff to
develop objective educational materials ~or distribution to Chula
Vista residents on energy providers offering non-carbon intensive
energy.
NOW, THEREFORE,"BE:IT RESOLVED the City Council of the
City of Chula Vista does here~y direct staff to develop an
education program for Chula ~is.t.a residents on utility
deregulation, consumer choice, and carbon dioxide emissions
BE IT FURTHER RESOLVED that staff is directed to act as
a conduit to residents by offering value-added information service
regarding electricity choices available to consumers, specifically
relating to green power.
Presented by
Approved as to form by
Barbara Bamberger,
Resource Manager
Environmental
· ~ orney
2
COUNCIL AGENDA STATEMENT
Item ~/ ~%/'
Meeting Date 6/23/98
ITEM TITLE: ~ Resolution / ~O-~Approving a memorandum of
understanding between the San Diego Association of
Governments (SANDAG) and the City of Chula Vista
for participation in the San Diego Regional Power
Pool and Approving an agreement with Commonwealth
Energy to function as an Electric Service Provider.
C. Resolution /~2 Directing staff to continue
evaluating other electricity purchasing options,
including consideration of price, power generation
source and CO2 emission impact; and to consider in
future electricity purchasing contracts that a
significant amount of "green power" be proposed as
an option.
SUBMITTED BY: Principal Management Assistant Youn~j.
Environmental Resource Manager Bamb~ge~
REVIEWED BY: City Manager ~'/ (4/5tbs Vote: Yes__ No X J
The San Diego Association of Governments has conducted a Request
for Proposal process and identified a vendor to provide electrical
power to a pool of participating public agencies. Staff recommends
approval of the resolutions to authorize City participation in this
pool, but also recommends continued evaluation of other power
purchasing options environmental issues.
Representatives from SANDAG will give a brief presentation on the
program at the meeting, and a representative from Commonwealth will
also be on hand to respond to questions.
RECOMMENDATION: That Council:
1. Approve the resolution to join the San Diego Regional Power
Pool and contract with Commonwealth Energy for electric services
for the electric meters as listed in Schedule A.
2. Approve the resolution directing staff to continue evaluating
other electricity purchasing options, including consideration of
price, power generation source and CO2 emission impact; and to
consider in future electricity purchasing contracts that a certain
amount of "green power" be proposed as an option. Such green power
would be included among the power sources for proposed contracts
except in conditions where it is not available or feasible. "Green
power" would be Renewable Energy as defined by the State of
California Public Utilities Commission.
BOARD/COMMISSION RECOMMENDATION: N/A
Item , Page 2
Meeting Date 6/23/98
1. SUMMARY
The San Diego Association of Governments (SANDAG) conducted a
Request for Proposal process for the selection of an electric
service provider for a San Diego Regional Power Pool to purchase
electricity at a discount for participating public agencies.
Commonwealth Energy, the recommended service provider, has
presented a contract through which the City could achieve a
"guaranteed savings" of 1.5% to 3.5% (or between $14,700 and
$38,400 annually) on its electric service costs.
This savings would be on top of an additional $35,900 savings which
the City is achieving through other discounts for small
commercial/residential meter customers as part of Phase I of
statewide electric utility restructuring, effective January 1,
1998. The resulting combined annual savings is projected to be
between $50,600 and $74,300 between 1998 and 2001. This equates to
4.1% to 6.1% savings on the City's current $1.2 million electricity
cost. In 2002, when Phase II of restructuring is implemented, the
City savings through competition is projected to increase. (See
further discussion in Section 1 below)
There is a July 1 sign-up deadline for the SANDAG program, and
agencies may join with any number of their total electric meters.
However, once a meter is added to the contract, it may not be
deleted except in conjunction with termination of the contract.
Since the time the SANDAG contract was negotiated, a similar power
purchasing pool has been finalized by the State Department of
General Services. This deal reportedly offers between 2.75% and
4.25% rate discounts. The City has also received proposals from
Foresite Energy and Edison Source which include 15%-100% green
power. In addition to a 15% green power source, Foresite's
proposal offers a 1.5% rate savings. The exact contractual terms
for these proposal have yet to become available for review.
Analysis of this new information and comparison to the SANDAG offer
will be a priority for staff in the next several weeks.
Staff recommends that Council authorize participation in that power
purchasing pool, with a limited number of meters (8 of the city's
431 meters) to be included as of July 1. These meters, as shown on
Schedule A and Attachment 6, include the South Chula Vista Library,
Fire Station #1, Lauderbach Community Center, Hilltop Park, and a
variety of other facilities with medium-level electrical usage.
Remaining meters could be added under the same terms at a later
date. In the meantime, however, staff will continue to evaluate
other options which may offer greater percentage savings and/or a
more environmentally-friendly source of power. The projected cost
of the delay in full implementation of this program may be a
Item , Page 3
Meeting Date 6/23/98
reduction of approximately $3,958 from that projected first-year
savings. If, however, the city is successful in identifying
options with a greater percentage savings, the net savings for the
year may meet or exceed the current projections through SANDAG.
The discussion below provides some general background on the
state's electric utility restructuring, environmental issues
related to the City's ability to designate green sources for its
power, and SANDAG's RFP process. That is followed by an detailed
discussion of the SANDAG/Commonwealth proposal (staff recommends
limited initial participation) and various options for serving
those meters not contracted with SANDAG (staff recommends these
options be explored further, with a report back to Council in
approximately one month).
2. BACKGROUND
California Electric Utility Restructuring
In 1996, the State Legislature passed AB 1890, which began the
process of restructuring the California electric utility industry.
Phase I of that restructuring started January 1, 1998. As of that
date, residential and small business customers began receiving a
10% discount, only on the energy portion of their electric rates
(which amounts to a 10% discount on about 1/4 of the average
electric bill; estimated at $35,900 for Chula Vista). The City has
also been able to achieve this savings with its smaller-use meters.
As of March 31, customers have also been able to contract directly
with an alternate Electric Service Provider (ESP) or to "aggregate"
with other consumers to shop for potential bulk purchase savings.
Throughout this Phase I period, a statewide rate freeze is in
effect, during which time savings on electricity are offset by a
"Competitive Transition Charge" or CTC. This charge allows
investor-owned utilities (e.g. SDG&E) to recover some of the costs
of non-competitive investments such as older power plants, nuclear
generators and state or federally-mandated power purchasing
contracts. (See Figure 1 on following page).
Phase II will start in 2002. At that time, the rate freeze will be
lifted and the CTC will apply in only limited circumstances. This
will allow for much greater potential variation and competition in
rates and increased savings for the City.
!
Item , Page 4
Meeting Date 6/23/98
Figure 1
Prior cost Unbundled Cost* Sample
SDG&E) (under Rates*
Restructuring)
Energy Energy 2.50¢ Subject to 10%
discount for
small customers
............................... Subject to
Transportation Competitive 3.08¢ proposed 1.5%
and Other Transition to 3.5%
Charges Charge discount
................................ through
Transmission 0.60¢ SANDAG
Distribution 3.50¢
Public Goods 0.30¢
9.9SC/kWh
*for display purposes only
Other changes happening in this process include the unbundling of
many of the related electricity costs. In this way, they will
appear as separate line items on the customer's bill and may in
most cases be procured from separate vendors. Power transmission
and distribution will continue to be provided by the local utility.
The power itself may come from a third-party retailer. Metering
and billing may be performed by other specialized companies. And
pubic goods, such as energy efficiency programs, may be coordinated
by the state. These costs, along with the Competitive Transition
Charge, comprise the overall cost of power and are the "otherwise
applicable rate" on which the proposed contract offers a 1.5% to
3.5% guaranteed savings. (NOTE: Since most of the components of
this total cost are fixed, the savings must actually be achieved
primarily through the commodity price of the electricity.)
The market for electric power has gone through significant
fluctuation since Phase I began. While there was initially a flood
of ESP's entering the state and promoting residential and business
service, many of these companies have since put their California
plans on hold. Among the reasons for this are the applicability of
the competitive transition charge and the effective delay of full
competition until Phase II.
Another change happening in the industry is the transition of
traditional utilities out of the power generation business. Based
on state law or administrative rulings, all three major utilities
(SDG&E, PG&E and Southern California Edison) are in the process of
Item , Page 5
Meeting Date 6/23/98
auctioning their electrical generating facilities. With their
retail power sales also somewhat constrained within the
restructured industry, these utilities are concentrating primarily
on: 1) providing the power transmission and distribution between
other ESP's and their end customers, and 2) serving as the default
electricity provider for customers who choose not to switch
companies. Even in serving as a default provider, however, they
must now sell their power to the statewide "Power Exchange" and re-
sell it to customers at the Power Exchange market price.
Potential power purchase models
As stated above, the Commonwealth/SANDAG contract provides a
"guaranteed savings." This is one model among many being marketed
in the industry right now, with each bearing a different
opportunity for savings and a different degree of market risk.
For example, some contracts would provide for a customer to pay a
flat rate for electricity, such as $0.03 per kilowatt hour,
regardless of when the power is used. This would provide both
predictability in power costs and protection against higher energy
costs at peak power-usage times. However, if the market for power
should fall, anyone operating under such a contract, would actually
find themselves locked into paying an above-market price for power.
Others contracts could set a price at a percentage below the Power
Exchange rate (the statewide market price), or set a floor or
ceiling for the commodity price (e.g. paying no less than $0.025
but no more than $0.045). Just like other commodities markets,
however, each of these would bear a certain risk to those
speculating on the market's future trends and could potentially
result in either higher-than-market costs or higher-than-currently-
applicable costs.
The proposed contract was structured to avoid those aggressive,
stock market-style risks. It was specified instead as a guaranteed
savings against the total bill that the participating agencies are
currently paying. While the potential for huge savings may be
diluted under this model, the risks to the participating public
agencies' finances are also minimized.
3~ ADDITIONAL BACKGROUND: ENVIRONMENTAL ISSUES/GREEN POWER
Electricity Production
For the first time, cities have the ability to choose their own
power suppliers, incorporating their existing city policies and
goals into energy supply decisions. By adopting a more sustainable
approach to electricity purchase, local governments can improve the
Item , Page 6
Meeting Date 6/23/98
environment and lower long-term energy costs. By choosing to
include a significant portion of non-carbon-intensive "green power"
in the total energy mix purchased, cities have the ability to
contribute to a reduction in carbon dioxide and other polluting
emissions.
Why is this important? Electricity generation is responsible for
over two-thirds of all carbon dioxide emissions in the United
States, one-third of the pollution that causes acid rain and smog
and over half of our nuclear waste. Carbon dioxide emissions vary
depending on the type of fuel used to produce energy. The newly
regulated utility industry provides consumers (i.e. the City) with
purchasing choices, whereby the City now has the ability to chose
its electricity supply based upon both price and carbon intensity
of electricity.
The Carbon Dioxide Reduction Plan: What is the Connection?
Most electricity in the United States is produced from coal,
nuclear, large hydroelectric and natural gas plants. In some
cases, the price of a greener power mix is the same or lower than
what the City is currently paying. In cases where green power is
at a premium, the City could offset this green power premium with
a portion of the savings achieved by purchasing generic power, thus
still realizing an overall savings but a smaller one.
As one of ten California cities pledging to reduce CO2 emissions,
Chula Vista can purchase less carbon-intensive energy (such as
geothermal, hydropower, biomass, wind and solar) as one simple way
to help fulfill these climate protection pledges. Local
governments could become important vehicles for stimulating
consumer recognition and demand for green energy sources. Chula
Vista is a key leader among cities in the United States regarding
environmental and carbon dioxide reduction planning and one of the
original ICLEI (International Council for Local Environmental
Initiatives) cities.
Based on the City Council's desire to lead by example and educate
Chula Vista residents on reducing the City's impact on climate
change, staff is recommending that Council give serious
consideration to the type of fuel used to produce and supply power
to City facilities.
Staff can provide this information easily by comparing the resource
mix from each energy option in order to do a side-by-side
comparison between suppliers. For example, for every kilowatt of
electricity the City consumes through the statewide Power Exchange,
11% comes from renewable energy, 17% from coal power plants, 24%
from large hydroelectric plants, 34% from natural gas and 14% from
!
Item , Page 7
Meeting Date 6/23/98
nuclear plants. (See Attachment 8 re: National, Statewide and
Commonwealth comparisons).
Chula Vista has an opportunity to demonstrate that buying green
power does not have to cost more than the current/otherwise-
applicable default rate, and could even provide some savings if
done appropriately. As one of the first Cities in the U.S, to buy
a significant portion of green power as part of an overall strategy
to reduce emissions, Chula Vista's efforts could set the stage for
a change in the way agencies think about purchasing decisions based
upon price only. It provides a significant link between the energy
we use when we turn on a light and where that energy comes from.
What is happening around the State:
Currently there are two local government efforts beginning to
aggregate and purchase 'clean' power. A number of ICLEI cities are
part of this effort. The Cities of San Jose, Irvine, Santa Monica,
Santa Barbara and San Francisco have formed a coalition to further
explore aggregation. Known as the "California Community Energy
Alliance", the City of San Jose has recently allocated a staff
person to work almost full time on developing this coalition and a
strategy to work with other cities to buy green power. ABAG will
be re-opening their bidding process this year, and plans to
incorporate request for proposals that include a green energy
option. Finally, the Local Government Commission is developing an
aggregation effort to assist cities in the purchase of cleaner
power.
4. SANDAG ACTIONS
The SANDAG Board of Directors created the Ad Hoc Committee on
Electric utility Restructuring and a public agency staff Working
Group to explore reducing the region's electricity costs through a
regional power pool. The Ad Hoc committee members are:
Mayor Dick Lyon, City of Oceanside, Chair
Mayor Pro Tem Ramona Finnila, City of Carlsbad
Councilmember Darrell Gentry, City of San Marcos
Councilmember Dick Ramos, City of E1 Cajon
Supervisor Pam Slater, County of San Diego
The Working Group consists of staff representatives of 110 public
agencies, 86 of which have indicated that they will consider
participating in a regional power pool if the pool can provide
electricity prices lower than their other alternatives (See
Attachment 5). By involving agencies with heavy off-peak
electrical demands (e.g. water district pumping equipment, city
street lights), the overall electrical demands of the power pool
!
Item , Page 8
Meeting Date 6/23/98
can be somewhat constant throughout the day. This helps to achieve
a lower power cost by enablinH a set amount of power production to
be contracted.
The Ad Hoc Committee, with the assistance of the Working Group,
solicited and evaluated proposals for electricity supply and
services during the past several months. Henwood Energy Services
provided specialized assistance to SANDAG in this process. The
committee also evaluated other proposals open to public agencies,
including those organized by the Association of California Water
Agencies (ACWA) and the State Department of General Services (DGS).
(As discussed below, DGS has since negotiated a revised set of
contracts that may offer a higher level of savings than the SANDAG
option. This option is still being evaluated and is one of the
reasons for the phased implementation recommended tonight.)
Following this competitive RFP process, SANDAG recommended
Commonwealth Energy as the service provider. This recommendation
was made with regard to price, ability to perform, flexibility in
supply and pricing, and responsiveness to the terms of the RFP.
This process was substantially similar to that which would have
been followed by Chula Vista had the RFP been issued by the City.
Commonwealth Energy has made a 1-year offer of electric power at a
guaranteed discount of 1.5% to 3.5% below the otherwise applicable
SDG&E electric bill. The actual level of savings will depend on
the mix of participating agencies and the "shape" of the overall
electrical load (i.e. how much power is used at peak times of the
day, how much is used at a constant rate all day long). It is
anticipated that typical savings will be about 2.5%---for Chula
Vista, approximately $26,500. This discount is over and above the
discount legislated in AB 1890 for small electricity consumers,
which for Chula Vista totals approximately $35,900. In addition,
the offer agrees to provide up to $80,000 to cover SANDAG's costs
for administering the pool. It is anticipated that part of this
administrative effort would be conducted by a consultant.
Objectives for the Power Pool
The Ad Hoc Committee used the following objectives in pursuing,
evaluating and negotiating electricity purchases for a San Diego
ReHional Power Pool:
Guaranteed electricity cost savings.
No financial risk to participating agencies.
Relatively short-term power purchase contracts to allow the
most flexibility for participating agencies to take advantage
of positive developments in the competitive market for
electricity.
Item , Page 9
Meeting Date 6/23/98
The power pool will operate through a committee created by the
SANDAG Board whose voting membership consists of a representative
from each public agency participating in the pool. The Power Pool
Committee will be staffed by SANDAG and will make decisions on
future master power contracts on behalf of the participating
agencies. Each participating agency would sign a bilateral
contract with the Electrical Service Provider (Commonwealth)
selected by the Power Pool Committee to provide electricity and
related services. Each agency would also enter into an agreement
with SANDAG regarding the operation of the power pool and its
administration. Each participating agency will continue to receive
its monthly electricity bill from SDG&E and will continue to make
payments directly to SDG&E, at the lower rate specified in the
contract with Commonwealth.
5~ SANDAG/COMMONWEALTH ENERGY OFFER
The proposed Commonwealth contract will extend for 12 months and
offer a guaranteed 1.5% to 3.5% savings per kilowatt hour based on
the total load factor of all of the electric meters in the power
pool. Analysis of historic electricity use factors for public
agencies indicates that savings should be in the range of 2.5%.
Commonwealth will also provide an additional .5% savings from the
total power pool electricity bill to SANDAG for the costs of
administering the pool and consultant assistance, up to $80,000.
Finally, an additional potential savings (not guaranteed) based on
additional electricity price discounts below the state power
exchange achieved by Commonwealth is being offered.
Meter reading and accounting of kilowatt hours consumed will
continue to be the responsibility of SDG&E, and SDG&E will continue
to bill electric customers. Electric customers will continue to
make payments directly to SDG&E at the discounted rate specified in
the contract. Any potential additional costs or charges that
Commonwealth might incur in providing power will be its full
responsibility and will not reduce the savings to the customer.
Each public agency will be able to determine the meters and
accounts it wants to designate for participation in the pool.
In order to achieve a power pool size that can be administered
without reducing savings to the participating agencies to an
unacceptably low level., participation in the pool will have to
include approximately 1/2 to 2/3 of the 86 interested agencies.
Therefore, the Ad Hoc Committee and SANDAG should review the
responses to the power purchase offer and determine if the power
pool should proceed, prior to July 1st.
Item , Page 10
Meeting Date 6/23/98
Metering/Billing Services
In order to buy power on the "direct access" market, customers with
larger kilowatt uses will need to obtain special time-of-use
meters. These meters will allow for the electric service provider
to analyze energy consumption data on a real-time basis via modem
and cellular technology, thus facilitating the procurement of
energy at the most favorable market rates.
In Chula Vista, 12 meters fall into this category. These include:
the Civic Center buildings, libraries, community centers, and
Discovery Park. If these were to be added to the pool,
Commonwealth would install the requisite meters (including cellular
communication equipment). The City would be charged a $22 monthly
rental fee for each meter.
Energy Efficiency
NO energy efficiency or "demand-side management" services are
included in this agreement. Chula Vista has been an active partner
with SDG&E in pursuing energy-saving retrofits over the past
several years. While the planning of additional retrofits may not
be included in the Commonwealth contract, energy efficiency
retrofits and other public benefit programs would continue to be
funded statewide as a line-item on the electric bill. Regardless
of the vendor(s) chosen, City staff will continue to pursue energy
efficiency retrofit projects wherever appropriate.
Source of Power
The SANDAG proposal through Commonwealth Energy has a fuel mix that
is estimated to be: 87% coal, 12% hydroelectric and 1% 'other'.
Based on a request from Chula Vista, Commonwealth has indicated
that the are developing a renewable power option to be made
available to the SANDAG power pool participants. Details on this
option are not yet available.
Potential Risks
The greatest risk associated with purchasing power in the
competitive arena is that the City would pay more for power than it
would otherwise have paid. Under the proposed guaranteed savings
terms, this should not be the case. Other risks to working with a
company entering a new market, however, include breach of contract
or bankruptcy. State law and the proposed contracts provide
several types of protection:
If Commonwealth can no longer abide by the promised
terms, the City would still have the option to obtain
Item , Page 11
Meeting Date 6/23/98
power from SDG&E as the default power supplier. The
applicable rates would be those at which power is
auctioned on the statewide power exchange market. These
rates be equivalent to those currently in effect (prior
to the 1.5% to 3.5% savings).
SD~NDAG has negotiated a $100,000 performance bond, with
which a new RFP process could be conducted to re-start
the power pool with a different contractor.
The contract requires indemnification by Commonwealth of
all participating agencies, including payment by
Commonwealth of any fines, fees or penalties and hold
harmless on any losses or claims. There is also a
requirement of minimum $1 million per occurrence
liability insurance coverage.
Contractual Terms
This contract allows for participating agencies to designate in
"Schedule A" the specific meters to be served by Commonwealth.
Cities may also amend that Schedule at any time (upon 30 days
notice) to add meters, which would be served according to the same
terms. This affords the City the ability to join the power pool on
a limited basis now and reevaluate the level of that participation
as the initial months of actual savings are analyzed. (NOTE: No
waiting period applies to the default provision of power through
the local utility at statewide Power Exchange rates).
One ability which is not preserved in the proposed contract is the
deletion of one or more meters should the service not be
satisfactory. However, another clause of the contract requires
that after six months, Commonwealth must either match any competing
offers or allow SANDAG to accept the other offer. While this mid-
term option to accept other offers is SANDAG's, each participating
agency would retain the option to stay in or leave the pool at any
annual renewal period. If the number of participating agencies
were to drop to a point at which the pool were no longer viable,
the pool could be disbanded at that time.
The MOU and contract have been reviewed by the City Attorney's
office and are generally recommended for Council's approval.
Several side-letter issues are being clarified with the contractor,
and these issues will be presented as appropriate at the Council
meeting.
Item , Page 12
Meeting Date 6/23/98
Other Agencies
The full list of SANDAG Power Pool Working Group agencies appears
as Attachment 5. Those taking action so far to approve the
contracts include: San Diego County; the cities of Escondido,
Encinitas, San Marcos, La Mesa, National City, Imperial Beach, E1
Cajon and Del Mar; the school districts in San Diego, Spring
Valley, Oceanside, Warner Springs and La Mesa; the Metropolitan
Transit Development Board and the County Water Authority. The City
of San Diego has yet to take action on the proposal.
In each case, the number of meters included in the pool is up to
the individual agency, in consideration of potential savings
through the pool, alternative savings available through other
sources (e.g. ACWA pooling of water district needs), and metering
costs, among other issues.
While SANDAG is aware that the Department of General Services bid
has since been finalized, SANDAG has not had the opportunity to
review final DGS contracts either. Their preliminary discussions
with Commonwealth have indicated that the state DGS terms and
discounts would vary according to the size of the metered use and
would thus not be directly comparable to SANDAG's proposal.
Pending a more complete review, they do not recommend postponing
the start-date of the SAI~DAG pool. Rather, they recommend the pool
begin achieving savings for its members effective July 1, with any
additional discounts in comparison to the DGS pool achieved either
1) via informal negotiation with Commonwealth, or 2) as part of the
formal six-month requirement for Commonwealth to match other
offers.
6. SANDAG/COMMONWEALTH CUSTOMER SERVICE ISSUES
Allegations of Customer 'Sl~mming'
At the time Commonwealth was selected, allegations surfaced
regarding customer complaints to the California Public Utilities
Commission about "slamming," or the practice of switching a
customer's utility company without their clearly-understood
permission. These allegations were since investigated and not
found to be significant---where there was a dispute, the customer
was promptly switched back to their original company at no charge.
Compared to the industry as a whole, the number of complaints
received (3) was also well within an acceptable range and industry
averages.
!
Item , Page 13
Meeting Date 6/23/98
Extension of Services to the Public
In its work to evaluate the potential benefits for the region, the
Ad Hoc Committee concluded that initially a power pool should
include only public agencies' electric usage, not to the general
public. For its initial implementation, the focus will be on
establishing the smooth administration of the program and a diverse
load profile. The Committee believes it is important to test the
performance of the new electricity market and the pooled purchase
program before considering a more widespread aggregation of
customers.
Once the pool has been in operation for a while and the load
profile has become more defined, it is anticipated that services
might be expanded to other customers, such as local residents or
businesses. This issue will continue to be evaluated by City and
SANDAG staff over the next year.
7. OTHER OPTIONS
City-only contracting (outside a power pool)
One of the advantages to pooling the power needs of a number of
businesses or agencies is that the peak-time energy needs of one
participant can be balanced with the off-peak or more constant 24-
hour needs of another participant. This appears to be the case
with Chula Vista and the various power pools that are available.
The electricity use "load factor" for the overall SANDAG pool is
estimated to result in a 2.5% guaranteed savings. If Chula Vista
were to contract on its own according to that same Commonwealth
contract, its load factor would only result in the minimum 1.5%
guaranteed savings. For this reason, staff would continue to look
very closely at the pooled savings which might be achieved through
cooperation with SANDAG, the State, or other larger power
purchasing pools.
State Department of General Services
Perhaps the most viable alternative currently is one which was
considered dead only a few months ago. Like SANDAG, the State
Department of General Services had circulated an RFP for power
procurement. In their case, it was to offer power to all public
agencies in the state. SANDAG considered the initial DGS RFP
results in its evaluation process and found it lacking in
comparison to SANDAG's other responses. Based on the poor
responses received, DGS subsequently decided to reject all
proposals and begin their process anew. In late May, they
announced that they have been able to negotiate agreements with
several providers (including Commonwealth) with average savings
Item , Page 14
Meeting Date 6/23/98
estimated to range from 2.75% to 4.25%. A summary of this proposal
is included as Attachment 7, but as noted earlier, the terms are
not directly comparable as discounts vary with the kilowatts of the
meter.
Although staff is reviewing what details are available, it is not
possible at this time to present a final, executable contract. The
recommended action to contract with Commonwealth for eight (8)
meters would preserve the ability to participate in the SANDAG
pool, but also allow staff to explore this and other options
further and report back to Council prior to DGS's August 31 sign-up
deadline.
Foresite Energy/Friendly Power Company
Foresite Energy and Friendly Power Company have proposed to procure
electric energy supplies that will constitute a mix of power
including a determined percentage of the total mix to be a 'green'
or renewable portion. This option could be considered
complementary to the SANDAG agreement due to Foresite's proposal to
meet the current SDG&E rates for any meters not included under the
SANDAG/Commonwealth agreement. Foresite has proposed that they can
either: 1) meet the default price AND include 50% of total from
renewable power, or 2) offer a 1.5% discount off the total tariff
while guaranteeing that 15% of that power would come from renewable
sources. At the 1.5% discount, it is estimated that the City could
save approximately $14,658 per year. Staff is reviewing Foresite's
proposal and draft contracts and will return to Council with
recommendations.
San Diego Gas and Electric
Under the state's restructured electrical industry regulations,
SDG&E will function primarily as a power distribution company and
as a default provider to those customers who choose not to contract
for power with a third party.
As a utility distribution company (UDC), SDG&E will provide service
to all retail customers, regardless of where they buy their power.
This service will consist of transmitting the power from one point
(e.g. a power plant) to another (e.g. a business), and maintaining
the power lines that enable that transmission. They will also
carry out the very similar function of electricity distribution,
which moves power at a lower voltage from switching stations to
smaller customers such as private homes. Even under the proposed
contract, the City would still be receiving its transmission and
distribution services from SDG&E.
Item , Page 15
Meeting Date 6/23/98
AS a default electricity provider, SDG&E would be the City's fall-
back source of power if the agreement with Commonwealth is not
renewed next year or if there were some breach of contract. They
would also continue to be the City's provider for any meters which
are not specifically included in the Commonwealth contract.
The prices at which SDG&E is able to offer electrical power are
significantly constrained by the new state regulations. Typically,
the going rate for power from such a UDC would be the Power
Exchange (PX) price, or the rate at which power is being auctioned
on a statewide level. These regulations allow little room for
creative rate setting and discounts by SDG&E. However, their
unregulated affiliate companies (e.g. Enova/Sempra Energy) will be
very active in this field of marketing power and other related
services.
Enova/Sempra Energy
Enova/Sempra Energy indicated that they are not currently in a
position to offer a competitive power purchase proposal. They had,
in fact, declined to participate in SANDAG's RFP process. Rather
than signing discounted power contracts, the company is focusing on
more comprehensive energy services---demand-side management,
technology enhancements, and ancillary services which can provide
customized energy management to large commercial and industrial
clients.
The City's account representative at Enova indicated that he was
familiar with the terms of the SANDAG power pool proposal and that
it was probably a good deal for cities to take. Regarding the one-
year initial term being offered by Commonwealth, he indicated that
perhaps when that term expires, Enova might bear further
consideration.
8. RECOMMENDED ACTIONS
Staff recommends that Council authorize City participation in the
SANDAG power pool. Through the aggregation of electrical loads,
SANDAG will be able to obtain favorable rates for the participating
agencies. As a group effort, the agencies will also be able to
save time and expense in hiring specialized counsel, monitoring
performance, and administering the contracts.
With viable options such as the State Department of General
Services power pool yet to be fully evaluated, staff is hesitant to
recommend placing 100% of the City's meters in the SANDAG pool on
day 1. Since there is no ability for agencies to remove meters
from the pool once they are designated, the prudent course of
Item , Page 16
Meeting Date 6/23/98
action is to start with only a few meters and add more if and when
appropriate.
The eight meters recommended right now would represent a cross-
section of the city's electrical load and offer the opportunity to
evaluate Commonwealth's performance and savings over the next two
months. If that performance and savings are satisfactory and no
competing options appear to offer better savings or achievement of
other environmental goals, the remainder of the meters could be
added to the contract. If a better proposal for those remaining
meters does emerge, staff would bring it forward for Council
action. In the meantime, the flexibility to contract with SANDAG
or some other provider would be preserved.
Regarding the source of the City's power, it is recommended that
Council direct staff to continue evaluating other electricity
purchasing options, including consideration of price, power
generation source and CO2 emission impact; and to consider in
future electricity purchasing contracts that a significant amount
of "green power" be proposed as an option.
9. FISCAL IMPACT
The City currently pays approximately $1.2 million per year for
electrical power to city buildings, equipment, parks, sewer pump
stations and other sites. This service is provided though
approximately 431 separate metered locations and numerous un-
metered street lights.
Annual projected savings for the City between 1998 and 2001 total
approximately $50,600 to $74,300 (or 4.1% to 6.1%) of the total
electricity cost. Savings for smaller meters from the 10% rate
reduction (which began January 1, 1998) is projected at $35,900 per
year. The additional savings from full implementation of the
SANDAG power pool option is projected to be between $14,700 and
$38,400 per year, depending on the percentage of the guaranteed
savings that is achieved. According to SANDAG's estimates, the
likely level of savings is 2.5% or $26,500. If implementation is
phased, those savings will be reduced accordingly. Further annual
savings would be achieved starting in 2002 when the Competitive
Transition Charge (for paying off non-economic/inefficient power
plants) is phased out.
Under the proposed contract, the city would be able to continue
using its existing meters for all but 12 sites which have a higher
rate of electrical consumption. If these sites were included in
the contract, they would require "time of use" meters to measure
whether the electricity they are drawing is at peak or off-peak
times of the day. The monthly cost of these meters would be $22,
Item , Page 17
Meeting Date 6/23/98
for an annual cost for all 12 sites of $3,168. The City could
achieve some slight savings with these meters starting in January
1999, at which time SDG&E's metering cost will be "unbundled" from
the overall rate and can be eliminated from the bill where an
alternate metering technology is installed.
It should be noted that most "time of use" meters require a
telephone/modem connection directly to Commonwealth, which can add
significantly to monthly service costs. The City would not incur
a cost for this service, however, as it would be accomplished via
wireless technology included in the base $22 charge.
Recoa~Lended contract: projected savings
With the eight meters recommended to be included under contract at
this time, it is projected (at 2.5% savings) that the City could
save approximately $466 over the next two months from the otherwise
applicable SDG&E charge. If the remaining meters are added to a
2.5% savings contract starting September 1, through SANDAG, DGS or
some other offer, the City would still be able to save a total of
approximately $22,584 during 1998-99. (See Attachment 6)
By waiting to implement a discounted contract for all of the city's
meters, there is a lost savings of approximately $3,958 over the
next two months (Projected annual savings under Commonwealth of
$26,541, minus $22,118 savings from 10 month implementation, and
minus $466 savings from 2-month implementation w/ 8 meters = $3,958
lost savings).
Other options: potential savings
The savings to be achieved from other alternatives cannot be fully
estimated until final contracts are negotiated. As a range,
however, if the DGS proposal were to achieve the 2.75 to 4.25%
savings quoted, this would translate into approximately $29,500 to
$47,337 in annual savings. If one of the Foresite proposals
(offering 1.5% savings) would be implemented, savings would equal
the low end of the Commonwealth contract---S14,658. The non-
discount options offering green power would be predicated upon
maintaining the City's electricity cost no higher than its current
level.
These figures are for the City's total electrical load for a full
year. The savings would be reduced accordingly as some of those
meters are included in the SANDAG power pool or as implementation
is postponed (e.g. DGS implementation at the maximum rate starting
in September could yield a total savings of $39,914).
Item , Page 18
Meeting Date 6/23/98
Franchise Fees/Utility Users Tax
In relation to the ongoing restructuring, the City will see a
slight decrease in its franchise and utility users tax revenues.
Under a separate state law (SB 703), cities will not lose funds
where non-utilities sell power, because an in-lieu franchise fee
will continue to apply.
In 2002 when the second phase of restructuring begins and the
competitive transition charge is taken off the bill, it is
anticipated that electrical rates will drop dramatically. At that
time, it is projected that franchise fees could drop by as much as
27%. However, it is also projected that the city could then be
saving as much as 25-30% on its electrical purchases. In
combination with a conservative projection for continued City
growth, the net long-term impact of restructuring should be
positive---in the range of $50,000 to $300,000 saved per year.
Costs to the City
Administration of this program will be conducted primarily by
SANDAG and its consultants. The responsibility of the city will be
limited to monitoring savings achieved through the contract (which
should be facilitated through new internet monitoring technologies)
and making decisions regarding contract additions, amendments and
renewals.
Another potential cost impact to the city as a whole may be in the
reduced local role of SDG&E. As the utility prepares to auction
its Chula Vista power plant, and if the utility is eliminated as
the city's power retailer, their presence and involvement in the
community may be somewhat reduced. However, since this is part of
a larger trend throughout the industry, the state and the county,
it is not anticipated that Chula Vista would be placing itself in
any different position than the other cities in SDG&E's service
area. Beyond that, staff would hesitate to speculate as to the
continued community role of SDG&E, Enova or the companies that may
join them in the local electricity market.
None of the city's costs are anticipated to be reimbursed. The
$80,000 accruing to SANDAG under the proposed contract is expected
to support their consultant and in-house staff expenses. If there
is any surplus from these funds, it would be disbursed at the
discretion of the participating power pool agencies.
Item , Page 19
Meeting Date 6/23/98
-_c_--
Attachments:
1. MOU, SANDAG Power Pool & City of Chula Vista
2. Agreement, Commonwealth Energy & City of Chula Vista
3. Agreement/Side Letter, Commonwealth Energy & SANDAG /'
4. Summary, Power Pool Terms ,/ fJ f i
5. List of Interested Agencies, SANDAG Power Pool proposal '-" J
6. Electrical Usage Summary Data "
7. Summary, State Department of General Services proposal
8. Comparison, Sources of Power
h:\shared\admin\elecO623.b
02./ (ff.¡- C) .- /9
R O UT UN
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE
CITY OF CHULA VISTA FOR PARTICIPATION IN THE
SANDIEGO REGIONAL POWER POOL AND APPROVING AN
AGREEMENT WITH COMMONWEALTH ENERGY TO FUNCTION
AS AN ELECTRIC SERVICE PROVIDER
WHEREAS, the San Diego Association of Governments
(SANDAG) conducted a Request for Proposal process for the selection
of an electric service provider for a San Diego Regional Power Pool
of public agencies; and
WHEREAS, SANDAG selected Commonwealth Energy as the Power
Pool provider through a competitive process; and
WHEREAS, staff recommends that Council authorize
participation in that power purchasing pool, with a limited number
of meters to be included as of July 1; and
WHEREAS, Commonwealth Energy, the recommended service
provider, has presented a contract through which the City could
achieve a guaranteed savings of 1.5% to 3.5% on its electric
service costs, with a July 1 sign-up deadline.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a Memorandum of
Understanding between the San Diego Association of Governments and
the City of Chula Vista for participation in the San Diego Regional
Power Pool, a copy of which shall be kept on file in the office of
the City Clerk as Document No.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve an Agreement with Commonwealth
Energy to function as an Electric Service Provider, a copy of which
shall be kept on file in the office of the City Clerk as Document
No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to sign said
documents.
Presented by
Approved as to form by
Gerald Young, Principal
Management Assistant
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING STAFF TO CONTINUE
EVALUATING OTHER ELECTRICITY PURCHASING
OPTIONS, INCLUDING CONSIDERATION OF PRICE,
POWER GENER3tTION SOURCE AND CO2 EMISSION
IMPACT; AND TO CONSIDER IN FUTURE ELECTRICITY
PURCHASING CONTRACTS THAT A SIGNIFICANT AMOUNT
OF "GREEN POWER" BE PROPOSED AS AN OPTION
WHEREAS, the San Diego Association of Governments
(SANDAG) conducted a Request for Proposal process for the selection
of an electric service provider for a San Diego Regional Power Pool
of public agencies; and
WHEREAS, staff recommends that Council authorize
participation in that power purchasing pool, with a limited number
of meters to be included as of July 1; and
WHEREAS, in the meantime, however, staff will continue to
evaluate other options which may offer greater percentage savings
and/or a more environmentally-friendly source of power.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby direct staff to continue evaluating
other electricity purchasing options, including consideration of
price, power generation source and CO2 emission impact; and to
consider in future electricity purchasing contracts that a
significant amount of "green power" be proposed as an option.
Presented by
Approved as to form by
Gerald Young, Principal
Management Assistant
C: \rs \sandag. mou
~ M~h~, C~ttorney
ATTACHMENT #1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
AND THE PUBLIC AGENCY PARTICIPANTS IN THE SAN DIEGO REGIONAL POWER POOL
Purpose. The puq3ose of this Memorandum of Undemanding (MOU) is to:
A. Provide public agencies in the San Diego area an opportunity to save money on electhcity costs as a result of industiy
restructuring;
B. Transfer knowledge to public agencies on efficient and effective methods for achieving cost savings in the
restructured electricity market;
C. Set forth the basic structure for public agencies to receive electricity cost savings from electric restructuring in
Califomia without having to individually bear the total costs of procurement, contracting, and administration necessary
to achieve the energy service cost benefits;
D. Position the San Diego Regional Power Pool to make effective and timely decisions and to increase futura savings as
opportunities arise and the market matures; and
E. Create a structure for the San Diego area public agencies that will facilitate competitive power suppliers responding to
the particular needs of the participating public agencies and their constituents.
Upon execution, this MOU between the public agency participant and SANDAG shall remain in effect for the period of time
dudeg which the public agency participant is purchasing power from a competitive supplier using a master bilateral contract with
a energy service provider selected by the San Diego Regional Power Pool.
There is no cost to public agencies for entering into this Memorandum of Understanding.
There is no legal or t~nancial liability created between SANDAG and public agency participants in the San Diego Regional
Power Pool, nor among the power pool participants, as a result of entering into this Memorandum of Understanding.
Definition of Public Aqencies. Public agencies include agencies and their subsidiary non profit corporations.
San Dieeo Reclional Power Pool. The San Diego Regional Power Pool was created to pursue maximum electricity service
cost savings, with limited or no financial risk, through the use of a power pumhase contract that provides the flexibility for public
agencies to take advantage of competition in the restructured electric sen/ice indusby. The San Diego Regional Power Peel
wilt operate through a Power Pool Committee created by the SANDAG Board. The Committee's membership will consist of
one representative from each public agency that has an effective MOU with SANDAG. The Responsibilities and duties of the
Committee will include:
A. Review and selection of a competitive energy sewico provider(s) that is viewed as offering cost savings of most
interest to the San Diego Regional Power Pool participants;
B. Develop a master bilateral contract(s) for the purchase of power and other energy sen/ices by the participants;
C. Administer the Memorandum of Understanding between participating public agencies and SANDAG regarding
participation in the power pool and its administration; and
D. Provide guidance to SANDAG staff on program administration and other matters necessary for the successful
operation of the San Diego Regional Power Pool.
The Committee will cheese its own operating rules and procedures including voting formula, selection of officers, and
subcommittee structure, if necessary.
Resl)onsibilifies of SANDAG. The responsibilities and duties of SANDAG in the on-going operation and administration of the
San Diego Regional Power Pool will include:
A. Facilitating creation of the Power Pool Committee and authorizing agreements and other actions necessary for the
pool to make decisions on power pumhases and related energy services;
B. Provide staff and administrative support to the Power Pool Committee in managing the electhcity service provider(s)
and in performing other functions necessary for the success of the San Diego Regional Power Pool;
C. Receive payments from elec~city sewice provider(s} eelected by the San Diego Regional Power Pool to fund
administration and support activities provided by SANDAG; account for payments received over the costs of
administration and support and distribute those payments to benefit the power pool and its members, as determined
by the Power Pool Committee;
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$15/95
D. Consider Power Pool Committee recommendations, and take appropriate actions, regarding developments, trends,
issues and opportunities for achieving the contemplated elect~c energy cost savings and communicate with the
region's govemmants, businesses and residents on these matters; and
E. Consider legislative and regulatory recommendations from the Power Pool Committee and communicate with local,
state, and federal representatives on these issues.
Responsibilities of Participatinq Public Aqencies. The respons~ilities and duties of participating public agencies in the on-
going operation and administration of the San Diego Regional Power Pool will include:
A. Determine if it will enter into bilataml contract, negotiated by SANDAG, with the electricity service provider(s), and
select meters to be entered in the San Diego Regional Power Pool;
B. Participate as a member of the Power Pool Committee, if desired by the public agency;
C. Supply the Power Pool Committee and SANDAG with notice of any ve~fiable written offer received from an
established supplier to supply elecbictty at a rote lower than the rate curmntiy being delivered through the Power
Pool.
D. Through the Power Pool Committee, make recommendations to SANDAG on legislative and regulatory issues, and
developments, bends, issues and opportunities for elecb'icity pumhases to the region's govemmants, businesses and
residents.
SAN DIEGO REGIONAL POWER POOL PARTICIPANT SAN DIEGO ASSOCIATION OF GOVERNMENTS
Signature Signature
Name Name
'riUe '~Ue
Date Date
Address Address
Agency
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5/8/98
ATTACHMENT #2
COMMONWEALTH ENERGY POWER SERVICES AGREEMENT
This Agreement ~Agrsement') is entered into by and between Commonwealth Energy Corporation ("COMMONWEALTH"),
a California Colporation, and San Diego Regional Power Pool participant ("PARTIClPANT'~ effective the date written
below and based upon the following recitals, covenants and conditions:
WHEREAS, PARTICIPANTcontmls the elec~city pumhasas for the meter or metam listed on Schedule A contained herein
or separately attached hereto {individually, a 'Meter" and, collectively, the 'Meters');
WHEREAS, COMMONWEALTH is in the business of providing Iow cost elec~city and related services and is registered by
the California Public Utilities Commission as an Electdc Service Provider (ESP #1092) and with the Federal Ene~,
Regulatory Commission as a Power Marketer,
WHEREAS, COMMONWEALTH has been selected through a competitive bidding process and has entered into an
Agreement with the San Diego Association of Governments (the "SANDAG Agreement"), the administrator of the San
Diego Regional Power Pool, and has furnished a performance bond to SANDAG for use by the San Diego Regional Power
Peel to pay the costs of conducting another Power Procurement Process if COMMONWEALTH were to default under the
SANDAG Agreement or this Agreement;
WHEREAS, COMMONWEALTH hereby offers to PARTICIPANT electdc power pumhesing sen/ices under California's
competitive power supply program created by AB 1890 and known as the Direct Access program ("Direct Access"), at a
discount to the rates offered by CUSTOMER'S Utility Distribution Company ('UDC');
WHEREAS, PARTICIPANT wishes to participate in COMMONWEALTH'S power pumhasing program;
NOW THEREFORE, in consideration of the covenants, recitals and conditions contained herein and for other good and
valuable consideration, receipt of which is hereby acknowledged, COMMONWEALTH and PARTICIPANT hereby enter into
this Agreement:
DEFINITIONS
All capitalized terms used heroin and not othem/ise dafined shall have the respective meanings set forth in Schedule B
attached hereto.
AGREEBENT
COMMONWEALTH SERVICES: COMMONWEALTH shall procure electric power to serve the full mquiraments of the
meter loads specified by PARTICIPANT and listed in Schedule A, and shall perform, manage or acquire all functions
necessary, including scheduling through a CAISO-certified Scheduling Coordinator, to effect delivery of such power to
PARTICIPANT through the California Direct Access system. PARTICIPANT shall have the right to include any meters
(existing or new) into this Agreement at any time during the term of the Agreement upon thirty (30) days written notice
to COMMONWEALTH. COMMONWEATH shall be PARTICIPANTS' exclusive electhcal supply pumhasing agent for
the loads specified in Schedule A during the term of this Agreement, with the exclusive dght to pursue, evaluate and
negotiate any and all electric supply procurement opportunities for the purpose of reducing PARTICIPANT'S elesthc
supply procurement costs. PARTICIPANT shall keep COMMONWEALTH appdsed of other energy cost reduction
options it may pursue and shall forward to COMMONWEALTH any preposels from any other soumes that may lead to a
reduction in PARTICIPANT'S elec~city unit costs for electdc supply procurement.
PRICING:
Z1 Guaranteed SavinQs: COMMONWEALTH shall provide elest~cal energy to PARTICIPANT at a rate such that
PARTICIPANT is guaranteed a minimum savings of ("Guaranteed Savings'):
· Three and one-half pament (3.5%) discount below the otherwise applicable total bill fram the
PARTICIPANT'S UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor
greater than or equal to .60,
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5/8/98
2.2
2.3
· Two and one-half pement (2.5%) discount below the otherwise applicable total bill from the PARTICIPANT'S
UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor greater than or
equal to .55 but less than .60,
· Two percent (2%) discount below the otherwise applicable total bill from the PARTICIPANT'S UDC provided
the San Diego Regional Power Pool has an Aggregated Monthly Load Factor greater than or equal to .50 but
less than .55,
· One and one-half pement (1.5%) discount below the otherwise applicable total bill from the PARTICIPANT'S
UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor less than .50.
Incremental Savinos: In addi#on, COMMONWEALTH will share with PARTICIPANT any realized cost saving
beyond the applicable Guaranteed Savings ("Incremental Savings") according to the following schedule: seventy
five pement (75%) of Incremental Savings to PARTICIPANT and twenty five pement (25%) of Incremental Savings
to COMMONWEALTH. Incremental Savings is defined as the difference between (1) the amount PARTICIPANT
would have paid for elect~cal energy during the billing period under PX pricing as a bundled utility customer under
its ,N:plicabta Tariff and (2) COMMONWEALTH's Cost of Power, less the Guaranteed Savings, provided that the
Incremental Savings cannot be nega§ve. COMMONWEALTH's Cost of Power is defined as its purchased
generation costs plus any out-of-pocket costs for functions required to utilize the ISO confroltsd grid for energy
delivered to PARTICIPANT, provided that the cost for such functions shall not exceed what PARTICIPANT'S cost
would have been with bundled utility service.
Energy Charoe Calculation: COMMONWEALTH'S bill amount for the energy and sewises provided to
PARTICIPANT by COMMONWEALTH shall be equal to COMMONWEALTH's actual Cost of Power for the
electrical energy delivered to PARTICIPANT, plus 25% of any Incremental Savings, provided that in no event will
COMMONWEALTH's bill amount to PARTICIPANT exceed an amount which ensures that PARTICIPANT realizes
the Guaranteed Savings. There shall be no additional charges to PARTICIPANT related to COMMONWEALTH'S
provision of etactrical energy service beyond those described above and in section 4 of this Agreement. The above
pricing includes the provision of all services or functions which are, or may be required, to be performed, managed,
or acquired by COMMONWEALTH including without limitation billing, Meter Data Management Agent (MDMA)
functions, and all schedule coordination services, to effect delivery of power to PARTICIPANT whether or not they
are specifically enumerated in this Agreement.
SCHEDULE COORDINATION SERVICES: Schedule coordination services required to effect delive[y of power to
PARTICIPANT shall be performed by COMMONWEALTH or by contmctom approved by the California Public Utilities
Commission and the Independent System Operator and under contract to COMMONWEALTH.
METERING: If required, COMMONWEALTH shall provide, install, own and maintain at a cost of $22 per month per
meter Direct Access Meters to PARTICIPANT. COMMONWEALTH shall own, insure, warrant, and provide meter
support sauces including corrective maintenance sewices for all meters installed under this Agreement at no
additional cost to the $22 per month metering charge. If required, additional commun{cations equipment (extension of
phone/modem line beyond 10 feet from meter installation location) shall be the responsibility of the PARTICIPANT.
Upon the expiration or sooner tam~ination of this Agreement, PARTICIPANT may pumhase meter(s) at a fair market
value or COMMONWEALTH will remove the meter at no additional cost at PARTICIPANT'S option.
COMMONWEALTH shall allow PARTICIPANT to own, install, and maintain its own Direct Access Meter at
PARTICIPANT'S option without PARTICIPANT incur~ng the $22 per month per meter charge. PARTICIPANT grants
COMMONWEALTH, its contractors and agents the right to enter its premises to install, repair, maintain, and remove
meters provided by COMMONWEALTH.
BILLING: PARTICIPANT elects to receive a consolidated invd~ca submitted by the UDC for UDC charges and
COMMONWEALTH'S charges. COMMONWEALTH shall take the necessa~/steps to fulfil the ESP obligations set forth
under the UDC's direct access rules, with no charge to PARTICIPANT, to ensure that PARTICIPANT is billed through
the Consolidated UDC Billing option for the energy services to be provided by COMMONWEALTH according to the
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518198
pdcing terms specified in this Agreement. Ail meter reading and data processing functions are included as a part of this
billing se~ce obligaUon.
ENERGY CONSUMPTION INFORMATION: PARTICIPANT shall designate COMMONWEALTH to PARTICIPANT'S
current electricity supplier(s) as an authorized recipient of PARTICIPANT'S currant and historical elect~city cost and
usage data. PARTICIPANT shall pmvida facility descriptions, operating information and such other information
available to PARTICIPANT as COMMONWEALTH may reasonably require in the pedormance of its services under this
Agreement and that PARTICIPANT is comfortable provi~ng; provided that such requests shall be reviewed and
approved by SANDAG prior to COMMONWEALTH making the request to PARTICIPANT. Except as specifically
authorized by PARTICIPANT to disclose such information and except for use by SANDAG for the purpose of verifying
the calculation of its Aggregation Fee, COMMONWEALTH shall maintain in accordance with CPUC rules and decisions
any and all such information provided by PARTICIPANT'S currant electhcity supplier(s) as confidential.
COMMONWEALTH shall provide semi-annual consolidated summary reports to each PARTICIPANT regarding
PARTICIPANT'S historical monthly energy usage and savings achieved compared to PX costs for each meter. At no
additional coot, PARTICIPANTS with installed Direct Access Meters will be able to view and electronically download
historical energy use data through a secure intemet sen/er on a dally basis or more frequently, if required.
7. QUALITY: COMMONWEALTH shall procure and provide firm electric power supplies to meet the full energy
requirements of PARTICIPANT'S loads specified in Schedule A.
8, EFFECTIVE DATE: This Agreement shall commence on July 1, 1998.
TERM OF AGREEMENT: This Agreement shall commence on the effective date for a term of one (1) year from the
date PARTIClPANTbagins receipt of se~ce from COMMONWEALTH, or until June 30, 1999, whichever occurs first,
with PARTICIPANThaving the option to renew at the existing terms of this Agreement for up to four (4) additional one
year periods beginning on July 1 of every year. PARTICIPANT may exercise its option to renew by giving written notice
thereof to COMMONWEALTH at least thirty (30) days prior to expiration of the then currant term.
10. LOW PRICE GUARANTEE: If, after at least six (6) months from the execution of this Agreement, The San Diego
Regional Power Pool receives a verifiable written offer by an Established Supplier to supply The San Diego Regional
Power Pool's electricity at a rate which The San Diego Regional Power Pool believes is below the COMMONWEALTH
delivered rate, then COMMONWEALTH shall have thirty {30) days from notice of the offer to elect to supply
PARTICIPANT The San Diego Regional Power Pool the electricity and equivalent service, if any, as described in the
offer on terms equivalent to the offer. If after thirty (30) days' notice of the offer, COMMONWEALTH has not elected in
whting to supply The San Diego Regional Power Pool the e;ect~city and services under terms equivalent to the offer
and The San Diego Regional Power Pool accepts the offer, then the PARTICIPANT will terminate this Agreement
without penalty or liability.
11. COMMUNICATIONS: All communications shall be in writing and sent or delivered to the address set forth opposite the
Party's signature hereto or such other address as may be designated by written notice, and shall be deemed given when
received.
12. AUDIT AND INSPECTION OF RECORDS: COMMONWEALTH shall maintain complete and accurate records with
respect to the Guaranteed Savings, Incremental Savings, and Cost of Power calculations under Section 2 under this
Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly
identified. COMMONWEALTH shall provide reasonable access to the representatives of PARTICIPANT, or their
appointees, to such books and records. PARTICIPANTresarves the right to examine and aunt such books and records
and to make transcripts or copies of them as necessary. COMMONWEALTH shall allow inepection of all work data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final
payment under this Agreement. In addition to the above accounting records, COMMONWEALTH shall maintain
records to show actual costs for its Cost of Power.
13. ~NDEMN~F~AT~N:Atn~mesha~PART~PANT~inc~udingits~cers~agentsandemp~yees~parent~rsubsi(~ary
company be liable or forced to pay penalties, fees, fines or any other sanction levied against COMMONWEALTH by the
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518198
Independent System Operator, the California Public Utilities Commission, the Federal Energy Regulatory Commission
or any other entity as a result of any default on the pert of COMMONWEALTH in regards to pedo~nance of duties
required by this Agreement. Should, for any reason, PARTICIPANT be direct.[y assessed any fine, fee or penalty by
any entity because of COMMONWEALTH'S activities regarding this Agreement, COMMONWEALTH will be fully
responsible for payment thereof. COMMONWEALTH will defend, indemnity, and hold PARTICIPANT harmless from
losses, claims or costs of any kind caused or alleged to have been caused by COMMONWEALTH'S negligence, actions
or inactions.
14. INSURANCE: COMMONWEALTH shall maintain comprehensive general liability insurance in minimum limits of $1
million/occurrence and $3 million aggregate and shall maintain workers' compensation insurance as required by
California law. COMMONW$~LTH will provide proof of insurance to PARTICIPANT upon signature and request.
15. ASSIGNMENT: Neither COMMONWEALTH nor PARTICIPANT may assign this Agreement without the prior written
consent of the other. If written consent to assignment is not given within 15 days after a wdttan request therefor, which
consent will not be unreasonably withheld, then the perry proposing the assignment may terminate this Agreement
without penalty or liability upon 30 days written notice, provided that COMMONWEALTH may not terminate for failure of
PARTICIPANT to consent to COMMONWEALTH'S proposed assignment unless its proposed assignee is an
Established Supplier. An Established Supplier is defined as an entity possessing all of (1) all requisite certifications,
permits and authorities to perform COMMONWEALTH'S obligations under this Agreement, (2) a demonstrated track
record in the prevision of elecbic power indicative of an ability to fully perform COMMONWEALTH'S abligations under
this Agreement, and {3) a net worth at least the equivalent of that of COMMONWEALTH'S as of the date of this
AgmemenL
16. FORCE MAJEURE: "Fome Majeure' shall be defined as an event that is not within the reasonable control of the Party
claiming suspension ("the Claiming Party'), and that by the exercise of due diligence, the Claiming Party is unable to
overcome in a commem{aily reasonable manner or obtain or cause to be obtained a commemially reasonabta substitute
performance therefor, and such event shall not be deemed to be a default under this Agreement. Force Majeure
includes, but is not limited to: acts of God; fire; war;, flood; earthquake; civil disturbance, sabotage; failure of facilities or
breakage of machinery or equipment of pert[es other than the Claiming party; supply curtailment due to UDC equipment
failure; declaration of emergency by the ISO/PX; regulatory or legislative action, or action or restraint by court order or
governmental authority (so long as the Claiming Party has not applied for or assisted in the application for, and has
opposed where and to the extent reasonable, such governmental action}. Specificelly excluded from Fome Majeure
events is economic hardship due to market conditions, whatever their cause.
If either par shall be unable to can,/out any obligation under this Agreement (other than the obligation to make
payments) due to Fome Majeure, this Agreement shall remain in effect but such obligation shall be suspended for the
period necessary as a result of the Force Majeure, provided that: (I) the Claiming PaRty gives the other PaRty prompt
written notice describing the particulars of the Force Majeure, including but not limited to the nature and date of the
occurrence and the expected duration of the disability; (ii) the suspension of pedormanse is of no greater scope and of
no longer duration than is required by the Force Majeure; and (iii) the Claiming PaRty USeS commercially reasonable
efforts to remedy its inability to perform.
17. DEFAULT: Failure by COMMONWEALTH, any affiliate, parent company, pertner or principel of COMMONWEALTH, in
the performance of any obligation under this Agreement constitutes default of this Agreement. In the event of such
default, in addition to any other remedies it may have available by law, PARTICIPANT may terminate this Agreement at
its option by w~tten notice to COMMONWEALTH. PARTICIPANT shall attempt to provide 30 days notice in the event
of such termination, but may provide less notice as it determines is reasonable under the circumstances.
18. ENTIRE AGREEMENT: This Agreement, including any Exhibit or Schedule hereto, embodies the entire Agreement
and understanding, and supersedes all prior Agreements and understandings between the parties with respect to the
subject matter hereof. This Agreement may not be amended except by writing executed and delivered by the perties
hereto.
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5/8/98
19, LAWS, VENUE, AND ATTORNEY'S FEES: This Agreement shall be interpreted in accordance with the laws of the
State of California. If any action is brought to interpret or enfome any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such
litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, incluo~ng
reasonable attomeys' fees, as determined by the court.
COMMONWEALTH ENERGY CORPORATION
SAN DIEGO REGIONAL POWER POOL PARTICIPANT
Signature Signature
Name Name
Title Title
Date Date
Address Address
Agency
518198
Schedule A
Electric Meters to Participate in San Diego Regional Power Pool
Location
Acct. # Meter #
Address
South Chula Vista Library
Fire Station #1
Hilltop Park
Lauderbach Community Center
Pump Station
Chula Vista Heritage Museum
Traffic Signal
Traffic Signal
8389317700
2447069652
1166418703
8232939103
1073169259
9096823003
7972072902
3323117801
1359866 389 Orange Avenue
1035220 447 F St.
945307 782 Hilltop
556731 333 Oxford
1411027 1060 EastLake Dr.
516815 360 Third Ave
1072784 802 Third Ave
1365479 2028 Otay Lakes Road
5/8/98
Schedule B
Definl#ons
Aggregated Monthly Load Factor: Repmsants the Load Factor calculated for the period of a month for an aggregated
group. Aggregated Monthly Load Factor is calculated by summing the total kWh for all participants of an aggregation,
dividing that total by the number of hours in the month, and then dividing that number by the coincident peak kW for all
participants of the aggregation for the same month. For every meter that is eligible to usa load profiling, COMMONWEALTH
shall apply California Public Utility Commission (CPUC) approved load pmtiles provided by San Diego Gas and Electric
(SDG&E) to the PARTICIPANT'S actual monthly kVVh usage for that meter as recorded by SDG&E to calculate that meter's
demand for every hour of the period. The calculated hourly demand for each meter will then be used in conjunction with
actual houdy interval metered data to calculate the aggregated group's coincident peak kW. For each meter not eligible to
usa load protiling, COMMONWEALTH shall usa actual recorded kWh usage for the month and actual recorded kW for each
hour in the month in its calculated of the aggregated group's coincident peak demand. A meter's eligibility (less than 50 kW)
to use load profiling is defined by the CPUC in D. 97-10-086. The approved load protiles may be found on the Intamet at
http://162.15.5.2/~vk-groop/dai/dai/.
Applicable Tariff: The currant or subsequent public rate or tariff schedule detailing utility mtas, rules and terms of san/ioa
that are tiled with and approved by a regulatory agency and for which the customer is qualified to obtain service.
California Independent System Operator (CAISO): The entity responsible for the operation and control of the statewide
transmission gdd pursuant to AB 1890.
California Public Utilities Commission (CPUC): The regulatory agency established to regulate privately owned utilities and
to ensure adequate service to the public at rates which are just and reasonable beth to customers and shareholders of the
utilities.
Cost of Power: As defined in Section 2.2 of this AgreemenL
Direct Access (DA): A service election which allows customers to purchase competitive energy services from non-utility
entities registered with the State of Califomia known as ESPs.
Direct Access Meters: An interval meter that complies with CPUC meter design specifications and is required by certain
customers to padicipata in Direct Access. This meter must meet CPUC meter design specification at the time of meter
installation. An interval meter is detined as a meter capable of reading and storing electric consumption data at specified
time intervals of no greater than one hour as required for Direct Access settlement and data required to bill applicable UDC
tadffs.
Electric Service Provider (ESP): An entity which provides electric san/isa to a retail or end-usa customer, but which does
not fall within the definition of an electrical corporation under Public Utilities Code Section 218.
Established Supplier: As detined in Section 15 of this Agreement
Federal Energy Regulatory Commission: The federal regulatory agency responsible for regulating the activities of key
podJons of the nation's natural gas utilities, electdc utilities, natural gas pipeline transportation utilities, and hydroelect~c
power producers.
Guaranteed Savings: As detined in Section 2.1 of this AgreemenL
Incremental Savings: As defined in Section 2.2 of this AgreemenL
Kilowatt (kW): Often referred to as electdc demand, kW is the amount of energy drawn by a customer at a specific time.
Kilowatt-hour (kWh): Electdc energy expressed in kilowatt-hours is measured by multiplying the amount of electric power
delivered (measured in watts) by the amount of time over which the energy was consumed (measured in hours). Kilowatts
equal one thousand watt-hours. Uegawatts equal a million watt-hours or one thousand kilowatt-hours.
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5/8/98
Load Factor: Load Factor indicates to what degree a participant's actual energy consumption (kVVh) during a given time
pa~iod compared to the consumption that would have occurred had consumption been fully sustained at the participant's
maximum demand (kW) level. Load Factors are e~pressed in percentages, and higher load factom represent a more even
distribution of load. Load Factor is calculated by dividing the total kwh for a paried by the houm in the pal~ed, and then
dividing that number by the peak kW for the same pa~ed.
Meter Date Management Agent (MDMA): MDMAs must be approved by the customer's UDC and is responsible for meter
rea(~ng, usage calculations and data access.
Participant: An agency that executes a Memorandum of Understanding with SANDAG to join the San Diego Regional
Power Pool. A Participant may be a subsidiary public agency or non profit organization of the entity executing this
Agreement.
Power Exchange (PX): A California state challered, non profit organization charged with providing an efficient ocmpatitive
auction, open on a nondiscriminatory basis to all suppliers, that meets the loads of all exchange customers at efficient pr~cas.
The PX is a scheduling coordinator and is independent of the CAISO and other market participants.
Power Procurement Process: The process which includes identifying qualified Electrical Sewice Providers, developing a
Request for Proposals, solicitation of ESP responses, evaluation of such proposals, negotiation of power pumhasa
agreements, and development of final contracts for competitive power pumhases.
Meter (or Meters): As defined in the first Recital of this Agreement.
San Diego Regional Power Pool: An aggregated group of agencies established to coordinate the pumhasa of elec~c
energy, transmission, and other se~ces on behalf of the participating agencies.
San Diego Association of Govemmente (SANDAG): SANDAG is the regional planning agency, as well as a key technical
and informational resoume, for the area's eighteen incorporated cities and the county govemment who collectively are the
Association of Govemments. Through this voluntary association, local governments work together to solve cunent problems
and plan for the future. SANDAG is a joint powers agency authorized under California State law.
Scheduling Coordinator (SC): An entity certified by the Fsderel Regulatory Commission through the CAISO that acts as a
go-between with the ISO on behalf of generators, supply aggmgators (wholesale marketers), retailers, and customers to
schedule the distribution of eles~city.
Utility Distribution Companies (UDCs): The entities which will continue to provide regulated services for the distribution of
electricity to customem and serve customers who de not cheese direct access.
I
JUN. 18. 1998 10:30AM NO. 0337 P. 2/4
ATTACHMENT #3
REGiOHKL POWER POOL SERVICE; AGREEBENT
This Re;imal Power ~ ~ Agrmmmt ~'a, qreem~t') i~ entered into by taxi between ¢~ Ener~/
Cmporation ('COMMOM4~.ALTh"), a Ca]ifomi~ Co~pom~i~m. md the ;m Diego Amr.~,moa of ~ovemme~b
ulmn the k~lova~] reatab, oov~re~l md conol~mm
PARlICIPANT AGR~MEHTB: ~A,/~?H ~lre~a ~ e~mr into lhe ~ Enemy Power ~
PARTiCIPAHTg, Flea PA~TICPAN'rg shall have the oppatunity to enter ir~o the Energy Power Savfees
Agreem<~ w~h GOliATH dining an armu;d c,,~,~ e~rollment Iz~x~Ir~n May 1 through Jdy I c~ ~y
If COk~O~TH a0'ers ta supper etect~ and sewi~ to ~ny padldpant under terms more favortb~e 1ban
the ~rms d the Energy Power & Settees Agreement beb~g offered to e(ber pefaokmnt~, CO~A~fV14~=N.TH
muet o~er b',-..se mom favorable temps to aa pa~dctpant~
3. PAK11CtPANT INQUIRIES: CO&f~LTH dwi mqx~i in & tirndy manner ~ dmct inquide~ hti8a~ ~
PARTICIPAHTS, a~lfor ,.qANDAO m beha~ d PARTICIPAHT;, of the 8m Diego Regioml Power Pool
PARllCIPANT E ~rr. RG~ OON~IBBq'ION INFORMATION: COMMC)NWF. ALTH d,'~l ~l~ 3ANDAG
autJ~z~ redlg, ert ~f PARTICIPANT~' calmnt and ~ elecbk~ co~t and Lmage data far the pufp~e of
ved~ng the oaloulalim d Ihs Aggreg~on Fee, Exoept as r, peclflc~d~y ~ by PARTICIPANT tO
such infa~en, .~ad~AG ~'~JI m/ntain in ~td~ oor~deooe any a~l all ~oh ~toima~m prodded by
PARTICIPANT8' C~nTe~ deobt~ty
AGGREGATION FEE: CC~MONWF_ALTH shall provide a mon~ly fee to 8ANDAG ~' the mata inouned by
8ANDAg in aeal~ng ~qd admlnL~dng b~e ,San Oiego Pagional Power Pool. ~e ernount paid Io 8ANDA~ by
COU~J~TH sh~ be 0.5% d ~ gross [tobi) e~W reveeue~ pe~d to O0t~fOAWF. ALTH by
PARTICIPANTS. COMI~OM~.F_AL TH dl~ remit l~e lee to ,SA'~(~ by ~ 1~ ~ ~1 rdor~ ~ v~ ~n
I
JUN. 16. 1998 10:31AM NO. 0337 P. 3/4
tO,
11.
12.
ac~ounUng cf O~e nurrber o~ melem seved and Idlowa~ holm o( enmgy p~H~ed to each PARTICIPANT in b~e
precedng mon~% and Ihe ~o~ number of me~r~ r~emd and Ic~owa~ ~oum el energy pumhased by all
PA~Tt~IPAIVT~ b b~e pracedng month.
PERFORMANCE BOND: COUMONWF_ALTH ~ ftxni~h a Pefforr~me Bcmcl, in Ihe fom~ ef posOng rash. to
SANDAG in Ire amomt of $t00,000 by July ~, 1998 for use by gANDAG, on behal! of ~e 8an Diego Regional
Oefirdli ruder ~a Agreement or Default under any of Ihe Agreemen~ eetwee~ CO,~UOM~E~Ln-/and
EFFECTIVE DATE: This.~z~,~ent shall eemmenc~ on JuLy 1, 1998.
pdor to explmfion of the Ihefl eumant temp.
shall be ~eened given ,,den received.
CO~I~:~,I/ERLTH 'will b~,,d'~y, defend a~l ~ .~,ANDAG i~u~i~l la df~ero, agaYa and en'~
hatml~a tt~ Ior~ea, ~ or eo~a d any End ~e,.._-~__ or alleged to have beer~ e. mra~ by
INSURANCE: C.,OMMONWF_ALTH d'idl mair~ain rx~prehen.five general liability imatanee in minimum limits of
$1 matior~ocemenoe and $3 million aggregate end ~II mai~t~n v,'mker¢ eompema~m Im as requiecl
by California la~. cOMMONWEALT/4 ~1 Ixov~ proof ~ insurance to ,~/DAG upon ~g~tum and tequ~.
A~glGI~ENT: Ne~ttef CO~I~OA/WEALTH nor ,.~/V~rDAG may assign th[~ Agreemeat wilhout the pdor ','film
cer, se~ of the other, ffv~:len eemmt t~ mignme~is not ~iven V~llr~ 15 day~ ar~er a ma~a,~i6 ~11~
COMMONWEALTH may not tem'ana~e for failure of SANDAG to mn~nt to COMMONI~71~8 proposed
a~slgnment u~less i~ Ixopo~ed ~i~nee is an F.~abllah~ Supplier. An Eslablished Supplier b d~lned as an
en~ po~ng all ol (1) all mClLd~ta eedfmllm~, pen~a and auflodie~ b~ peffam CO~OtafF_RLTN'S
obt~gillenl ~ this .a41teemellt, (~ a damnsttated Iraek recoil in the provision d ebctJo powm' incrma6ve of
an abi~ to fray pe~ COUMONWEALll~r8 d~liga~ ~cier ~1~ Aareemeat. md C3) a ~ ~ ~ ~ ~
equlvale~t of U~a~ ef COUMOI~TH'8 a~ tithe date ef thia ~
JUN. 16.1998 10:32A~ NO. 0337
14.
t6.
UABILITY: ,.~A, NDAG sh~l nc~ be M~le for anyl~,~ due OOt~MO/~gEALTH ~ P, AR~IGIPANT~.
16,
DEFAULT: Failwe by OOM~oNWF. ALTH, any ~Ellate, p~u~nt mmpany, p~rtner er
OOMMONW;ALTH, in the pen'am~n~e of *my obr~Jian ~ this ailmernent
Agn~ment. In the event of m~h ddeut, in ~l,qi~n to my elhef rem~i~ it may IY~ve ~vdl,~le by Iw,
al~Bmpt to pmvid~ 30 dws no~oe in Ihe event of such tem~on, I~ It~y I:~:Mde le~ no~oe u it dMen~ne~ Is
17.
EN]iRE AGREEMENT;. ~ AlFeemeflt, Ir~ludno any F-~l~it or $~lula hereto, embol~ I~e entre
AOl~emeflt and undar~ar~n~ and aJpelsedes all p~or ~0~ and ul~rm~ be~m~ ~ pa~es
18.
LAWS, VENUE, AI~ ATTORNEY'8 FEES: Ills AgmemoM ~ bo in~A~l~l In ~ ~ ~e ~ of
the b-'~te (~ Caiifomla ff 4my acllon b brought [olrf~ or edmce a~ b~m ol Ihis. Alweemenk ~e ~m ~1
be Ixought in a dam er fedard ma't da.rated In the Couflly of San Diego. Stal~ of CMiferi. In ~e event of afly
~uoh Iili~.n ~ ~'~ ~ Ihe p~walin~ ~ d~dl be anl~tbd Io re,over all reasonable oosts bcurmd,
inclucing ree~on~ble ~lome/s' ~m~, e~ d~t~rmined by lhe ¢ourL
~lle PreSident/CEO Title !~-xecutive Dire c?,o~'
Date May 13, 1998 Oa~ M~y [g, 1998
Addm~ 15991Ra~ill Ave.
Suite 201Tustin, CA. 92780
San Dieso, CA 92101
COMMON%/EALTH
"C~tifo~nl~'~ New Choice for Power"
M~y 13, 1998
Mr, Steve Sa~h~
San Diego Asgocii~.tion of Ooveramellts
401 "B" Stm~t
Suite BO0
San Di~go, CA 92101-423]
This leucr shall serve as o£fieial notice that all meters installed pursuant io the Regional
Power Pool Services A. greement, ~xecut~d on May 12 and t3, between Commonweakl:
Energy Corporation and the San Diego Association of Govemm~ts and individual
Commonwealth Energy Power Services Agreements subsequently ¢~¢cut~d with, Power
Pool members, shall inolucle cellular modules and / or telephone modems (where
applicable) to provide for remote acquisition ofmetenng data,
The model number for the mete~ is A.BB AID. Meter da~ is availabie at
w'ww~m~vener~'info,eom. Appropriate access codes will be giv~ at the :tree of
ins~llation. ~c scn'icc~ a~ all p~ of the $22.00 p~ mon~ meter fee. There are no
up front costs whatever.
Please feel free to contm:t me should you have any questions.
Fr,~deriok ~, BlooSi
e. sident / CEO
ommo~woal~ Energy. Co .rporatiou
FMB;svc
Suite 201 TI;sUn, California92780 (SIX)) 9~2.4655 ~714) 258-0410 fax (714) 355.0-1B0
ATTACHMENT #4
Afkte-hmeftH~
Proposed San Diego Regional Power Pool
Electricity and Related Services Offer to Public Agencies
1.5% to 3.5% off of utility bill based on aggregated monthly
Guaranteed Savings load factor of all power pool meters. 1.5% if load factor is
under 50%; 3.5% if load factor is over 60%. Expected
average savings of 2.5% to 3.0%.
Additional savings above the guaranteed savings should the
Other Savings Energy Service Provider (ESP) acquire energy at a cost
significantly lower than the State Power Exchange price.
Eligibility CriterialRestrictions All public agency meters and accounts may participate; each
agency can choose the meters that will participate
New Meter Costs (for meters $22/month through ESP.
over 50 Kw demand)
Billing Costs No additional costs; billing can be done by SDG&E.
Term of Offer One year starting July 1, 1998.
Expiration of Offer July 1,1998
Congestion Charges, line losses, All charges to be borne solely by ESP.
balancing schedules, ancillary
services, settling with UDC
Performance Guarantee Commonwealth Energy Corp.
Schedule Coordinator Illinova or Automated Power Exchange
Resource Allocation Pacificorp
Source of Power Pool ESP will contribute an additional .5% ofthe power poor s total
Administration Costs electric bill to SANDAG to cover up to $80,000 for costs of
administering the pool.
cl-Iß -J?
9
I
..~t{1tcltmeH t"*
ATTACHMENT #5
A!!cn",,' Tvpe
Local Government School Distric1s
City of Carlsbad AJpine Union School District
City ofChula Vista Bonsall Union School District
City of Coronado Cajon Valley School District
City of Del Mar Carlsbad Unified School District
City orEI Cajon Chula Vista Elementary School District
City ofEncinitas Coronado Unified School District
City ofEscondido Dehesa School District
City of Imperial Beach Del Mar Union School District
City of La Mesa Escondido Union School District
City of Lemon Grove F allbrook Union Elementary School District
City of National City F allbrook High School District
City of CY-..eanside Grossmont Union High School District
City of Po way Jamul-Dulzura USD
City of San Diego Julian Union School District
City of San Marcos La Mesa-Spring Vall")' School District
City of Santee Lakeside Union School District
City of Solana Beach Lemon Grove School District
City of Vista Mountain Empire Unified School District
County of San Diego Naûonal School District
CY-..eanside Unified School District
Water & Sewer Distric1s Pawn> School District
Poway Unifed School District
Borrego Water District Ramona Unified School District
'Descanso Water District Rancho Santa Fe School District
Encina Wastewater Authority Santee School District
Fallbrook Public Utility District San Diego City School District
Leucadia County Water District San Diego County Office of Education
OIivenhain Municipal Water District San Dieguito Union High School District
Otay Municipal Water District San Marcos Unified
Padre Dam Municipal Water District San Ysidro School District
Rainbow Municipal Water District Solana Beach School District
Ramona Municipal Wa!er District South Bay Union School District
Rincon Del Diablo Municipal Water District Spencer Valley School District
San Dieguito Irrigation District Sweetwater Union School District
San Elijo Joint Powers Authority Vallecitos School District
Valley Center Municipal Water District Valley Center School Distict
V allecitos Water District Vista Unified School District
Vista Irrigation District Warner Unified School District
Y nima Municipal Water District
County Water Authority Colleges and Universities
Fire Districts Grossmont.(;uyamaca Community College
Mira Costa College
Alpine Fire Protection District Palomar College
BolTego Springs Fire Protection District Southwestern College
Lakeside Fire Protection District
North County Dispatch JP A Transit
Rancho Sant>. Fe Fire Department
;2) g--- /? San Diego Transit Corporation
Other San Diego Trolley. Inc.
North County Transit District
Port 0: San Diego Metropolitan Transit Development Board
~
.
ATTACHMENT #6
!
r.'T~~ ATTACHMENT #7
Public Sector Aggregation:
~.
i , ..~~ Department of General Serv;ees
T he California Department of General
ServicesÆnergy Assessments (DGSIEA) has Local governnten& call~ for
long been a leader when it comes to energy
innovation in the public sector. WIth the advent of tbe ¡ired tinte~ IWW cfbop for
electricity restructuring, DGSIE.A. is once again test- electricity under a '~irect
ing the waters for ways state and local government
institutions and agencies can cut expenses and there- aCCecfcf n contract witb a power
by reduce costs associated with providing public sec-
tor serv:lces. provider otber than the
'V.'hen the California Public Utilities Commission current incUlnhent utility.
deregulated the state's natural gas industry for large
consumers in 1986, DGS/EA responded by develop-
ing a natural gas aggregation program. Starting with DGS/EA has in shopping for energy product' and
four accounts in 1987, the program has grown to
include 110 CustOmers and generated approximately reducing bills through energy efficiency sen'ice,
$4 million in 'annual savings in 1997. That figure rep- ,,'¡thin the context of developing a more sustainabìe
resents a 16% average savings if compared to the community?
incumbent utility gas service. Among the local gov- Implementation Strategy: DeS/E.". can
ernment participants in this aggregation effort are help local governments in three critical ways:
the City and County of San Francisco, and Alameda,
Solano, San Joaquin and Kern counties. 0 Aggregate the electricity loads of a city or
DGSIEA also has an impressive track record with county (and/or its constituents) in order to
use economies of scale to increase any single
energy and water efficiency projects. Over the past local government's chances of getting the
five years, DGSIEA customers have saved $174 mil- best bulk purchase deal possible;
lion in long-tertn energy costs. Unlike specialists @ Act as an advisor regarding the complex anC
such as power brokers, consultants, electric service
prO\.¡ders or natUral gas marketers, DGS/EA can technical details associated Mth purchasing
offer a local government a Mder range of energy- power under a direct access program;
related se",'¡ces-Mth no up-front costs. fi) Assist local governments in administering a
WIth the passage of AB 1890, local governments can, competitive bidding process for new power.
for the flI'st time, now shop for electricity under a Results to Date: DGS/EA
"direct access" contract Mth a power provider other released a Request For Proposals for
than the current incumbent utility. DGS/EA is new electricity supplies in the fall of ~
recruiting local governments to join a 1997. DGS/EA then selected six \
statewide aggregation program that tlrtnS to provide participants in its
would allow local governments to aggregatIon program with direct
choose from an array of power access to power suppliers other than
providers-including two that offer the current incumbent utilities. Four
green power products. of the companies-Enron, LG&E
Challenge: How can local govern- Energy M.arketing, Modesto Irrigation DIstric anc
"'ew Energy Ventures-offer it full menu oj se,"Ice,
ments take advantage of the expertise that include shopping for electricity, schedule coordi.
eJ.J ß -/'1
I
Department of
General Services
nation, and hilling and metering. The two other com-
panies-International Power Technologies and
Teledata-will provide hilling and metering services
only. All of these firms have signed a Master Services
Agreement with DGS/EA which enables local
ernment participants in the aggregation program to
take advantage of updated electricity price quotes
generated hy each ener~, service provider on a quar-
terly basis.
DGS/EA subsequently determined it needed addi-
tional suppliers to give its ag~ffregation partners more
product and service options. It released another RFP
in 1998 and in late May added three additional com-
panies to its supplier roster--New 'C/est Ener~/,
~C~ommonwealth____ and Edison Source. Local govern-
ments now have at least two suppliers --New Ener~'
Ventures (hydro) and Edison Source (existing
renewable facilities) to choose from for "green"
power products if they participate in the DGS/EA
aggregation plan. Savings estimates for aggregation
participants range from 2.75 to 4.25% on most
accounts. In a few' select cases, such as water agency
accounts, sav/ngs may be as much as 7%.
Lessons Learned: DGS/EA has discovered
that structuring bids that can
leverage economies of scale
w/th enough flexlhl]ity for
each aggregation participant
to have some choices, is
tricky. So far, only a few
local governments-- Solano
county being one- opted into the DGS/EA aggrega-
tion program. The City of Berkeley is considering
purchasing green power through DGS/EA. It is
expected that the DGS/EA aggregation program will
aggregate enough customers to total 2,000 MW in
the 1998-99 fiscalyear, a total that represents one the
largest aggregation programs in the state.
DGS/EA has also learned that shopping for bargains
in today's restructured electricity market is not easy.
LOCAL GOVERNMENT COMMISSION
1414 K ST., SUITE 250 SACRAMENTO, CA 95814-3929
~'(916) 448-1198 · fax (916) 448.8246 . www.lg¢.org
Indeed, DGS/EA asked its suppliers to re-quolv
offers and prices this past spring because of various
conditions sellers placed on their product offers. Para
of the confusion stems from different pricing strate-
gies. Some suppliers offer prices for one Io th!ce
even f~ve years. Some offer a "flat" price, for
hour of the day; others use formulas that share sax-
ings between public agency and private seller: yet
another option is "value-added" pricing terms--
including discounts associated with installations
ener~, efficiency or distributed generation technolo-
gies.
Alocal government seeking ways to reduce its
electricity costs or to respond to a communiD"s
desire to develop a more sustainable ener&~z system,
may want to contact DGS/EA to learn more about
the other services DGS/EA can offer before deciding
how to respond to restructuring. In the realm
ener~v efficiency, for example, DGS/EA can help
local government select and contract ~br services
with an EnerKy Service Company (ESCO).
DGS/EA can help local governments obtain Iow-
interest loans fbr energy efficiency projects and/or
structure a repa~wnent schedule tha~ can provide
financially a net positive cash flow from annual ener-
g~y savings. DGS/EA can also perform preliminau,
energy audits, energy project feasibility projects and
help develop contracts with service providers.
~ For More Information:
Department of General Semfces/Ener~, Assessments
(Doug Grandy)
717 K St., Suite 409, Sacramento, CA 9.5814
~ (916) 523-8777
fax (916) 327-7316
e-mail: d ou~_~ran dj,~ctgs.ca.go-v
website: m'.dgs.ca.gov/ea
This is a draft version that is out for review and comment.
Send comments to Peter Asmus, Pat}~nder Cornmunica:ion:
at: pthfind~ns.net. Prepared in coniu~crlon 'ankh the Loca
Government Comrm~$ion and the Cal~orrua Ener~ Comm~ssmr.
ATTACHMENT #8
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/23/98
ITEM TITLE: A. Resolution '/~tS~// of the City Council of the City of
Chula Vista, California making appointments in proposed Commu-
nity Facilities District No. 98-3 (Open Space Maintenance District
# 35 [Sunbow II])
B. Resolution / ~P~ 'q' of the City Council of the City of Chula
Vista, California adopting a boundary map showing the boundaries of
the territory proposed for inclusion in proposed Community Facilities
District No. 98-3 (Open Space Maintenance District # 35 [Sunbow III)
C. Resolution ~1 ~ t~'~'.~ of the City Council of the City of Chula
Vista, California declaring its intention to establish Community
Facilities District No. 98-3 (Open Space Maintenance District #35
[Sunbow II]) and to authorize the levy of a special tax therein to
finance certain services
D. Resolution / ~t~Y~ ~'/ of the City Council of the City of Chula
Vista, California ordering and directing the preparation of a "Report"
for proposed Community Facilities District No. 98-3 (Open Space
Maintenance District ~Sunbow~ II])
SUBMITTED BY: Director of Public W°rl~c~
~e~3 ~eW~s ~aBr J:Com~ian~y Mh?~:~e~d ~Ci~o~conduct proce2ji2tg~Sf~/tetl:~' Yf:Sn~a~2~X~f
Community Facilities District No. 98-3. This district will fund the perpetual operation and
maintenance of open space slopes, drainage channels, detention basins, medians and parkways of
Sunbow II. The City has retained the services of Dick Jacobs Associates as special tax consultant and
Brown, Diven, Hessel & Brewer as legal counsel to provide assistance during the proceedings.
Tonight's action will initiate the formal proceedings leading to the establishment of Community
Facilities District No. 98-3.
RECOMMENDATION: That Council:
1) Approve the resolution making appointments of the City Council as the
legislative body for CFD No. 98-3,
2) Approve the resolution adopting the boundary map for CFD No. 98-3,
3)
Approve the resolution declaring the intention to establish CFD No. 98-3 and
to levy a special tax to finance certain services,
4)
Approve the resolution ordering and directing the preparation of the "Report"
for CFD No. 98-3.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
I
Page 2, Item
Meeting Date 6/23/98
DISCUSSION:
On January 13, 1998, Council adppted the "City of Chula Vista statement of goals and policies regarding
the establishment of Community Facilities Districts". The approval of this document ratified the use
of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public
infrastructure, and (2) the financing of authorized public services, including services provided by open
space districts.
On April 28, 1998, Council enacted the "Chula Vista Community Facilities District Ordinance". This
ordinance adopted the Mello-Roos Act with modifications to accomplish the following: 1)
incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972"
("1972 Act"), 2) include maintenance activities not listed in the "Mello-Roos Act'' or the "1972
Act" and 3) establish an operat'mg reserve fund for open space districts.
Community Facilities Districts will provide the necessary funding for the operation and maintenance
of public landscaping improvements by levying an annual "special tax", which is collected from the
property owners in conjunction with the property taxes. There is no direct cost to the City. All
expenses related to the district administration (including levying and collecting the special taxes) are
funded by the district.
The proposed CFD No. 98-3 is consistent with the above mentioned Council Policy and Ordinance.
In addition, the consultant, legal counsel, and staff have met numerous times with the developer and
merchant builder to discuss their concerns, clarify the intent of the policy and ordinance, and review
the methodology for the apportionment of the special taxes. All of the issues raised by the developer
and merchant builder have been thoroughly discussed and solutions, satisfactory to all parties, have
been incorporated in the "Rate and Method of Apportionment".
Staff, the legal counsel, and the special tax consultant have reviewed the proposed methodology and
consider it ready for Council approval.
Area of Benefit
The proposed boundary of CFD No. 98-3 encompasses all parcels located within the Sunbow II, which
includes a total acreage of 602 acres. At buildout, the district will contain a total of 1,946 dwelling
units (1128 Single Family Residences, 818 Multifamily Residences), 11.0 acres of commercial, an
11.0 acre elementary school site, and a 46.0 acre industrial site. Staff has reviewed the proposed
boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the
map is presented in Exhibit 1.
Description of Facilities
The proposed CFD No. 98-3 will fund the operation and maintenance of the public landscaping
improvements (i.e., medians, parkways, landscaped and irrigated slopes, natural non-irrigated open
space and certain drainage channels and detention basins, walls and fences, trails, and tree trimming)
within the Sunbow II Open Space District #35 (see Exhibit 2). A complete list of said public facilities
is presented in Exhibit 3.
Cost Estimate
The estimated annual budget for CFD No. 98-3 is approximately $799,000. Exhibit 3 contains a
detailed annual budget for the district at buildotu. The unit prices used in determining the budget are
I
Page 3, Item
Meeting Date 6/23/98
based on historical costs of maintenance of similar improvements within existing Open Space
Maintenance Districts in the City.
Proposed Special Tax Land Classes
The district has three categories of land which may be taxed, as follows:
Class I - Developed Property. Developed parcels are those parcels for which a Final Map or
Site Development Plan has been issued.
Class II - Undeveloped Property. The Undeveloped Land category includes all the parcels not
classified as developed or exempt.
Class III - Exempt Property. The exempt property includes all assessor's parcels of property
existing at the time of the establishment of the District or which will be conveyed, dedicated
or irrevocably offered for dedication to a public agency pursuant to a City plan or agreement
which are exempt from the levy of special taxes, including property owned by a public agency
which is in public use; property which is utilized for public utility purposes and which is not
occupied on a regular basis by employees of the public utility; property irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas, private streets and parks, and open space lots.
Proposed Maximum Special Tax Rates
The rate of special tax levy broken down by land use for this district for a typical dwelling matrix
is estimated as follows:
Land Use Cost/EDU/Year Cost/Acre/Year
Single Family Detached $350 N/A
Multi-family $340 N/A
Commemial N/A $3,040
Industrial N/A $2,720
Undeveloped Land N/A $2,470
Public Parcels - (EXEMPT) N/A N/A
The Maximum Special Tax on developed parcels is calculated by multiplying the Maximum Special
Tax Rate per Equivalent Dwelling Unit (EDU) times the number of EDU's per parcel. The single
family detached dwelling unit is one EDU and other land uses are a ratio relative to this measure. The
total revenue generated for a given Fiscal Year is the sum of all Developed Parcels assigned to the
Class I category. Then, if the total revenue generated by Class I is greater than the Special Tax
Liability for the district, then the Special Tax for each parcel in category I is reduced proportionately
so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year.
If the total revenue is less than the Special Tax Liability of such Special Tax Area, a Special Tax shall
be levied upon each Parcel assigned to the Class II (Undeveloped Category).
I
Page 4, Item
Meeting Date 6/23/98
Comparison to other Open Space Maintenance Districts
The total estimated budget for CFD No. 98-3 at buildout is $799,000 with an annual maximum
tax of $337.25 for a single family residence located in Sunbow II. As a comparison, the single
family home in Sunbow I, Open Space District # 18 had an assessment of $312.32 for FY97/98
and is proposed to be assessed at $315.77 for FY98/99. In addition, the 1997-98 total assessment
for the existing 24 districts (total of 12,559 parcels) in the City was $1.9 million with the highest
homeowner annual assessment at $535 for the 40 unit Canyon Views subdivision.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability
(budget plus reserve) of each Special Tax Area. Then, the special taxes will first be levied on the
developed parcels (Residential and Non-Residential). If this pool of funds is not enough to meet the
annual need, as may be the case in the early years of development, the district will levy a tax on the
Vacant Land. The buffer of having the vacant land covering any remaining costs will disappear once
the area has been fully developed. If the annual need is less than the collectible tax from the
Developed Parcels, the special taxes to be levied in that specific year will be reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment
of the Special Taxes":
The maximum special taxes may be adjusted each year for inflation using a factor equal to the
lesser of the annual change of the San Diego Consumer Price Index or the California Fourth
Quarter Per Capita Personal Income.
The "City of Chula Vista Community Facilities District Ordinance" requires that the developer
maintain the landscaping improvements for a minimum period of one year. During this period,
the City will collect the special taxes with the purpose of building up an operating reserve not
to exceed 100% of the annual budget. The special tax formula provides that the annual budget
for any year may include an amount deemed necessary to maintain an adequate level of reserve
fund.
The annual budgets used to calculate the tax rates are only the "best estimates"of the cost
of maintenance at buildout. There is always a risk that actual expenses in future years
may be higher than the total maximum collectible taxes. This may result in reduced level
of maintenance of the landscaping, unless the property owners approve an increase in the
tax rates (2/3 voter's approval is required) which is considered unlikely. Staff believes,
however, that the proposed tax rates contain enough of a cushion in the reserve, the
inflation adjustment, and the Extraordinary Tax to minimize future problems.
Resolutions
There are four resolutions on today's agenda which, if adopted, will accomplish the following:
The RESOLUTION MAKING APPOINTMENTS is the formal action of the City Council
appoint'mg itself as the legislative body of the proposed CFD.
The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map
and sett'mg forth the boundaries of the proposed CFD.
Page 5, Item
Meeting Date 6/23/98
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intemion on the
City Council to establish the proposed CFD, authorize the levy of a special tax, and set the time
and place for the public hearing.
The RESOLUTION ORDERING THE "REPORT" is the formal action of the City Council
directing the preparation of a detailed report containing a description of the services and its
estimated cost.
Future Actions
· Public hearings, certification of the election results, and levy of the special tax are herein
scheduled for July 28, 1998 at 6:00 p.m.
FISCAL IMPACT: All costs of formation of the district are being borne by the developers and
the on-going administration will be funded entirely by the district. The City will receive the
benefit of full cost recovery for staff cost involved in district formation and district administration
in perpetuity.
Exhibits:
Proposed Boundary Map
Landscaping Improvements
Summary of Facility Maintenance Costs
June 9, 1998
H:\HOME\ENGINEER~AGENDA\SUNBOWII.FXR.wpd
CFD #98-3 (File:0725-30-OSD35)
PROPOSED BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO.
(SUNBOW II OPEN SPACE MAINTENANCE
Cl'Pt' OF CHULA VISTA
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
98-3
D STRZCT)
LEGEND
SHEET 1 OF 1 ~
- Cost E~fimate
The csl~natc of thc f~ir m~l reasonable ,nmud cost of thc proposed m,i"ten,nce services for
the Sunbow 11 Open Space Meintcnance including incidcnlal expenses in connection with
providing said services, and all other related cost~ is shown in Table 1 below. Thc total
snn~]~ COSt i~ ¢~'~m"tPd to be $784,812 (1998 Dollars) and is based on build out of thc
Slalbow II commnnily with all the fl~illtics that w~[ be mail~ained complote and in pla~e.
SUNBOW H OPEN SPACE MAINTENANCE DISTRICT
SUMMARY OF FACU.ITY MAINTI~.NANCF. COSTS AT RUII.B OUT
MAINTAINED FACrLrrY
1. Slr~t Me, tls.~ and
Parkways
2. Landscaped and
hrigated Slopes
621,400 Sq. Foot
2,519,800 Sq. Foot
3. Natural non irrigated
open space
A. Biological I
Monitoring and P,~o~ng
B. Revegetated Non- 621,900
Irrigated Slopes
C. Native Open Space 5,176,670
4. Poggi Canyon
Drainage Ch,-ncls and
B~
5. Telegraph Canyon 1
Drslns~e C~ann~
6. Communi~0r Watts 16,824
Lump Sum
Sq. Foot
Sq. Foot
1 Lump Sum
Lump Sum
Linear Feet
COST a
$0.298
$0.207
$1~5O0
$0.0217
$0.O0844
$2,000
$1,350
$0.83
Total Cost
TOTAl', COST
$185,177
$521,599
Sl7,5O0
S13,495
$43,691
s2,ooo
$1,350
$13,964
$798,776
RESO, trrIONNO. / ? 75 /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA MAKING APPOINTMENTS IN PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT
NO. 35 [SUN-BOW II])
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to
the terms provisions oftbe "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article X~ of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
designated as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUNBOW HI) (hereina~er referred to as the "District"); and,
WHEREAS, at this time, the legislative body is desires to appoint and designate itseif as the
legislative body of the District, in order to allow the proceedings to go forward to completion in
accordance with the provisions of law.
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Throughout the course of these formation proceedings and following the formation
thereof, the City Council of the City will be acting as the legislative body of proposed Community
Facilities District No. 98-3 (Open Space Maintenance District No. 35 [Sunbow III), which shall upon
the formation thereof be a legally constituted governmental entity as defined by Section 53317 of the
Government Code of the State of California.
SECTION 3. All applicable regulatory rules of the City, includ'mg date, time and place of meetings,
as well as notice requh'ements shall be applicable for all proceedings conducted by this legislative
body as the governing body of the Community Facilities District.
SECTION 4: The Star News, or another newspaper of general
circulation, is hereby designated as the newspaper for all
publications as required by law and as necessary for completion of
this District.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
Director of
John M. Kaheny, City ArroW-ney
RESOLUTION NO. /2~'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA,CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION
IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENA/~CE DISTRICT NO. 35 [SLINBOW II])
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA (hereinafter referred to as the "legislative body of the
local Agency"), desires to initiate proceedings to create a
Community Facilities District pursuant to the terms and provisions
of the "Mello-Roos Community Facilities Act of 1982", being Chapter
2.5, Part 1, Division 2, Title 5 of the Government Code of the
State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to
collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be designated as
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE
DISTRICT NO. 35 [SUNBOW II]) (hereinafter referred to as the
"District"); and
WHEREAS, there has been submitted a map showing the boundaries
of the territory proposed for inclusion in the District including
properties and parcels of land proposed to be subject to the levy
of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The legislative body hereby adopts the map designated
as "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN
SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])" showing the
boundaries of the territory proposed for inclusion in the District
including properties and parcels of land proposed to be subject to
the levy of a special tax by the District.
1
SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map
of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days aider
the adoption of the Resolution fixing the time and place of the hearing on the formation or extent of
such District, a copy of such map shall be filed with the correct and proper endorsements thereon
with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the
Streets and Highways Code of the State of California.
PREPARRD BY:
APPROVI:~F~ AS TO FORM BY:
John P. Lippit
Director of Public Works
John Kaheny
City Attorney
2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CAI -T~OllNI~ D~G ITS INTENTION TO ESTABI JRH COMMUNITY
FACILITIES DISTRICT NO. 9g-3 (OPEN SPACE MAINTENANCE DISTRICT
NO. 35 [SUNBOW nj) AND TO AUTHORIZE THE LEVY A SPBCL4L TAX
'l'Hl-:~-II~ TO FINANCE CERTAIN SERVICES
WHEREAS, the CiTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"CTlty Council"), al this time is d~irous to ~ procoexiin_as ~o crrat~ a Community Facilities
District pu~u~ to the t~ms and provisioas ofth~ 9d~llo-Roos Comm~y !;~l']ities ALt Of 19 g2",
b~g Chapter 2.5, Part 1, Dix~on 2, Title 5 oftl~ GovcramemI Code of the S~t~ of Califomia (the
"P~;t~) ~ld ~ C~ty of Chnl~ ~'ls'ta Comml~Ifity ~;~ m~ Ord~ce e~ ~ to the
p~czs res~v~d by the City of Chula ~'~ ,mae{' S~'{~{2)]1s 3, 5 md 7 of Art{de ~ of the
Ccrasfitufion ofthe Stai~ of Cal~forn}a (the"Ch-ddmm~D (tl~ ~ and tt~ O,~ ~ I~ r~f~rr~i
to ~oll~dveiy as the ~Commmity l;adlities District Izw"). This Community~FaSliti~s District ~h.]}
t~zin~r 1~ r~f'crred tn as COMMUNITY FAC~.rrIF. S DIS'iI~.ICT NO. 9g-3 (OPEN SPACE
M.(EWTENANCE DISTRICT NO. 35 [SUNBOWI[]) (hereinafi~rcf-m'red to asthe ~Districff); and,
WHEREAS, lhi~ City Counmq is nowrequir~d to proceed to adopt its l~aolution of In'oration
to initiam the procc--.A;ngs for the astablishm~x of such Disuim, to sei fortJa tim boundaries for stw. h
Distfi~ to indicate the type ofpublic sm-vices to b~ f~rm~__ _~d_ by such District, to ~;cate the ram and
apportionm~m of a spe~a] tax ~n~ci~m to finance ~,~-h smwic~, to ~-t a ~ a~l place for a public
h~ r~-~,M to the e.~sh~ of~..h Distri~_
WHERF_~, a ~n? of suah District bas b~n submitted showing th~ boundaries of the
t.~rrkory proposed for inclusion in th~ District indnding pm. pm-des and pareats ofland proposed to
be subject tn the levy of a special tax by the District
NOW, II-II~d~FOKE, IT IS HE~Y RES OLd:
RECITALS
SECTION 1. /'he above r~kals a~e all true and correct
INITIATION OF PROCEEDINGS
SECTION 2. These proceedings are initia~d by this City Counmq pursuant to the authorization of
S~:tion 53318 of the Govm'nment Code of the Stat, of California.
BOUNDARIES OF DISTRICT
S~'r.~llON 3. h is thc intctnion of this City Council to establish a Comrmmlty Fa~litics Distrim
pursuant to thc provisi~m of~ Co~,,mky Facahie~ District Law, and to determine thc boundaries
a~d parr~ on which sp~l taxes may be l~iecl 1o finance certain services. A description of thc
bonndaries of thc tcrrkory proposed for inclusion in thc District inchding properties and parcels of
~ proposed to b~ subjea to thc levy ora special ~x by thc District is as follows:
All ~h~ prop~o' az ~hown on a map as prwiously al~w,,~i by this City Council, such map
a.-~_~n~od by ~e name oftl~ C. omm, m~ Fa{~ I)~ i~ copy of~tl~gh ~ on flit itl ~
OffiCe ofth~ City Clerk and shall rm~in opm for public inspe, cxion_
NAME OF DISTR.ICT
SEmi]ON 4. Thc name of thc proposed Co ....... lty Facilities Disbar tO ~ ~h~ shsll ~
~ ~ a~ ~ CO~ FA~-~S D~CT NO. 9~3 (OP~ ~ACE
~~ D~ NO. 35 [~OW ~.
DE$CKIPTION OF $I~VIC~S
SECTION 5. It is the further intraiion of this City Council to finance cer~n services that are in
~6~tionto th~se provided in or requir~ for the tealtory withi~ the Distri~ and ~ not be replaz~
services alrea~ available. A gmeral description of thc servizes to be provid~l is as follows:
lvt's~t~sn~e of medians, parkways, landscap~ and irrig~t slopes, r~mral
non-'m'ifp~icd opm spa~, certain dr~nsg¢ ~h~rm~_l~. dct~ofion b~qns, walls
and fences, wails and strut trees, in~ludin~ furnishing of services and
maIcfi,~l~ forflm ordimry and ~ opm-orion, rnslntensm-~ alld Servicing of
any improvement or appurtenauI f~ilities, including repair, removal or
repla~crne~ of all or any part of the improvement or appurtamant facilities,
providing for the life, growth, b~l~ and ~ ofthe lan~_~c~,~in~ including
rultivafion, irrigation, trimming spraying, fer,T~E and tr~i,,g for disease
or injury;, tl~ removal of u';,,,~,~, rubbish, aa~is and other solid waste.
Maimlmance also mean~ the fur~ehing ofw~t~ for the irri~6on of the
landscapln~ the inst.ll~fion ofpl.nfing or la~t~a'~in~ or the instsllation or
conswazfion of supplemental t~a'llties inc.!,,rrmg any facilities which are
necessary or convenient for the rralnlenance of elig~"ole facilities.
2
SPECIAL TAX
g'F_.CTION 6. It is h~reJ~y furt. h~r proposed ~ ~x~c'pt wh~re funds ar~ otherwise axmilshle, a
sp~c/~l tax s~i~Sent to pay for such services and r~ed in~.r~ ~ authoriz~ by th~
Comm, m~tyFa~dti~s District Law, sex:ur~ by recordation of~ c.o~n,,h,g ld~ ~t all non-~x~mpt
r~ propenyinilneDistri~ ~ b,~ levied annual~h'm thc boundaries of su~I2E~cl i:or funl~
panic~,Isrs a~ to th~ rat~ and method ofapportionmml of the proposed ~ ~ r~'~r~nc~ is mad~
to the attach~l a~d incorpcrra~ed Exlu'b'n 'A', which s~'~s forth in sm~ci~ d~ail the m~-lhod of
· ~. portionm~t to allow ~.t~ landowner or r~id{mI ~ th~ p~ up.seal I)istfi~t to dearly ~rti~ ~te
th~ m~xinmm amount that such p~rson will hav~ to pay for s~;h scrvi=cs.
Thc s'~ taxes h~rein authorized, to the maem porn'blt, shall bc ~llc.."ted i,u thc ~me
tremor as ad valor~n property taxes and shall b~ subj~-t to th~ same peaalti~s, procedure, sale aad
li~m priority in a~y ~as~ of d~Ikiqtmn~y as applicable for ad valormn tax~..Pray spe-eisl 'taxes th~ may
not bc coll..cd on thc County'mx mil shall be c~ll~cl Ihrough a direr b,'lrmg proc.~dure by ~
PUBLIC HEARING
SECTrlON 7. NOTICEIS ~ THAT ON Tt~ 2gTHDAY OF JULY, 199g, AT THE HOU3.
OF SlX O'CLOCK ~P.M., IN THE KEGULAR ~G PLACE OF THE CITY COUNCIL
BEING THE COUNCIL CHAMBERS, 276 FORTH AVENUE, CHULA VISTA, CA~-mOKNIA,
APUBLIC I:[FARINGWII.?.BE~.D WHERE TI:fig CITY COUNCILWll J. CONSIDEKTHE
ESTABIJ.gHMEN-T OF ~ PKOPOSED COMMUNITY FACILITIES DISTP, ICT, TI~
- PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER
MAETEKS AS SET FOR]TH IN THIS KE$OLUTION OF INTENTION. TR&T AT THE
ABOVE-MEN~rIONED TIME AND PLACE FOR PUBLIC HEAR.lNG AHY PEKSONS
IN~EP,.E S TED, INCLUDING TAXPAYEKS AND PP. OPHRTY OWNERS lvIAY APPEAK AND
BE T~-~KD, AND THAT THE TESTIMONY OF Al J. INTk-3~STED PERSONS FOP. 01[
AGAINST TPIF,. ESTABt.I.qHMENT OF THE DISTRICT, THE EXTENT OF THE DISTI~ICT,
OP, THE FUR.NI~G OF THE SI~VICES, WIIJ~ BE HEARD AND CON$1DF_.~I~.D. A_NY
PROTESTS MAY BE MADE OKA]].Y OP. IN WRITING. HOWEVEK, A_NY PP. OTESTS
PEKTAINING TO TI~ KE~ OR SUFFICm~CY OF ~ PROCEEDINGS gH.4] J.
BE IN WRITING AND CY-~-~.LY SET FOR_TH THE ~S AND DENECTS TO
WHICH THE OBJECTION IS MADE..4~J.WR1TrEN?I~.OTESTS SHA~.~.BE FrL~) WITH
THE CITY CT ~ OF THE CITY COUNCIL ON OR BEFOKE THE ~ ~ FOR THE
PUBLIC HF_A_RING. WRITTEN Pi~OTESTS MAYBE WITHDRAWN INWR1TING AT ANY
TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF AWRII'YENMAJOR1TYPROTEST AGAINST THEESTABLISHMENT OF T[-IE DLSTRICT
IS Fr[ .~-33, THE PROCF~')INGS SHA~ I.BE ABANDONED. 1~ SUCH MAJOI(ITY PP, OTEST
IS IJMITED TO CEI[TAIN SEP. ViCE.q OR POKTIONS OF THE SPECIAL TAX, THOSE
SEKVICES OR THAT TAX SI-IAIJ. BE ELIM~ATED BY THE CITY COUNCIL.
ELECTION
SEC-i'ION g. 1~ following the public treating d~n'bexl in the S~fion above, the City
City Coun~ shall tben suhnit th~ l~vy oftbe spatial tax~s to th~ q,,~Im~l ~L~tor~ of the District.
If at l~a~t ~ (12) ~ who nt~t not,~-~ be th~ ne tw~v~ (12) pm~om, have
re. gistered to vote within th~ Distfic't for each ofthe ninety (90) days preceding the close of the publi=
lmring. 'd~ vote shall be by regismr~ voters of the ~ with each vomr having on~ (1) vote.
Oth~-wis~, th~ vote shall be by tbe landowners off~ District who were tbe owners ofre:.ord at tbe
cios~ of the subjtmt he~-ing, with .~h lantiow~rs ortbe amhofized r~p~ thereof~ having
on~ (1) vot~ for ~ach azr~ or portion of an a~m ofhnd own~ within the Distfiu-t.
A n,~-~-~,~,l e3e~-'fitm re3ating to the sp~l tax amhori~ion shall, as applicable, establish
a~or change tbe appropriations Ii.it as authoriz~ by ~ Xnm ofth~ California Constitution
as it is appiicabte to this DistticL
NOTICE
~'~ON 9. NOti~ of the time and plaze of tim public hinting shall be givm by the City Cl~k in
ANotice ofPublic Hmring shall be publi.du~ in the legally d~signst~d newspaper of
geaeral ~h~,tsfion, s~ch pub]imfion pur~ua~ w Segtion 6061 ofth~ Government
Code, with =,~h publi,~!;on ~a~ be completed at kmst sevin (7] days prior to the d~*~
sa for the pt~b_ lic h~arh~
ANofice of Publ/cHeating shall be mar'led, postageprepa~d, to ~h propmy ownm-
within the boundaries oftbe proposed Distriot; such ,~,'lh~g to tbe propmy owner~
shall be to the a~dr~.ss as shown on the last eq,,~l~v~l ass~-t~:nt roil Such ma/ling
shall be compl~l at le~t ~Sth~m (15) days priorto the rl~t~ s.-t for the pub]/c he~ng.
PREPA~lq~ BY:
APPROVED AS TO FORM BY:
Director of Public Works
3ohn Kah~ny
City Attorney
4
I
~~-,~,.V-U~ ~ ~a,-,""""""""""""'" .v"-,".n..L'-..I. -'V. ;;C>-~
SUNBOW 11 OPE.Y\j SPACE MATh"TEN..l\.NCE DlSTRlCT
CITY OF CIroL. -\ VIS! A
~HIBIT I
.c.X- ~"'i
Fa:illtv M:mr:.:!:2Dc~ Corn: aDd Spread MdDodolD~
T1:: ~..".; zmma11m.Bg::t 2IIl0lIIl!5 for =. oÏ 1D:: ~ of:facilÏti:s -fua! will b: m~-';.
~ BI1Jl ,.; - . . ~ ~=d a:nd 10 ò7dñ::ñ s::rv:ic:s will k frrm; :::ñ-.iJ must b: m..û:ibII1cd 10 1Ì1: pm:cls
1'?Ë:riD 1Ì1: b~ oÏ th: Dis:11Ïq Das=d on ¡m :q¡rií¡ilik !D:fuodology. Th::rc arc a IIIIIIlÌ>::r DÎ
¡;;'=:=nt ~:fur apponimriDg 1Ì1: COsE in-¡"ñTn~ ~ af parc:::l, :mmii>::r DÎ p::opk D::iDg
s:=-,-' - J.l¡;,£j.. ri;s g::n::æI=d by p~..1, ::1:t. Tn: m...-mod "fu;¡! most ::qci:ibJy ãistriÌ:I1Ií:S 1Ì1: CDsE
';;I~~ mm a::;::¡¡:¡¡¡t1Ì1: 13r- oÏ:fu:;ili1y aIIlÌ}wv¡-11: s:::rn:s 1D: prpW.arianis 1Ì1: mcfuod 1hat js 1IS::d.
:In ::z::Ì1 ::as:, 11:: m::fuod 1ÌIat js 1!s::d is ¡;wI v:;rt:;ß 1D a Dzsï: 1IIlÏt c:a1l::d an EgaÏválCIt Dw-.J¡m~ Dr
pD). Jk ~ family ii2::ñ::d lÌW"'...lliDg1lDÍt is em:: EDU and ofu:r :iand l!S::s arc amiD re1ari-
10 iD!s Dzs::~ Tll: -rn1n= oÏ an EDU is Dzs::d em EDD:fa...'"tmS iar.rnïcl1 support àa:a15
zæ:::ih.l- :from 11:: City DÎ Cnri1a Vi-:'<4 xndIor 5..A.NDAG.
::ríÍJ: S1J:!iD:m 11 Op::n Spa.."": v-:.ï:IÍct, two spr::ad:rn::fuOOs w::r-.. miliz.::Il1D ãistrÏbD:t: th: ::;OsE of
1D: s::rvi---=s ~ :Forth: T m.Ao::.-::ap-..dM=lfums and ~'5, 1Ì1: ~ :m..-mod m:iliz.=d Vt'ZS
1Ì!: £rip ~rm M..-fuod. :For all o1D::r1yp::S a£ s::rvic:s. 1Ì1: Pcpu1añan Mc1ho~ v.'2S miliz::d.
. - .
-. n
-.
_.
:Proro~ Mz::mmm Sp-..ciåI Ta:x Ræs
~ TI!!: OÎ sp:::ja1 In 1:vy ÌIItJC¡ dOWIl by land = fur this m;;r:;q fur a -rypi::a1 dwelling matrix
is 2S fullow\::
I I.=i Us:: I CostŒDUlYear Cow Acre!y =
I <:;;..,~1. :Fæniiy D:Iæ::D::d I 5350 I N/A
MDm-- family £340 N/A
CœI:tIœrcia1 I N/AI S3.()40
1nt=ria1 I N/A $1,720
I ¡:;~velop=ë 2.=i I N/A I $1,470
I Pmili: Pa=:!s (EXEMPT) I N/A I N/A
~ ~ ' - - 5ImÍJ:JW II Op::r. 5:;;= M::.ipT..,.."".,- v.sci::t
--
;;2. ;;;;.. c - ~
I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A
"REPORT" FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW III)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceed'rags to create a Community Facilities
District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City of Chula V't~ta Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, $ and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred
to collectively as the "Community Facilities District Law"). This Community Facilities District shall
hereinafter be designated as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (hereinafter referred to as the "District"); and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the
Government Code of the State of California, the preparation ora "Report"to provide more detailed
information relating to the proposed District, the proposed services, and estimate of the cost of
providing such services.
NOW, THEKEFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or eause the
preparation of a "Report" to be presented to this City Council, generally setting forth and containing
the following:
SERVICES: A full and complete description of the public services proposed to be financed.
COST ESTIMATE: A general cost estimate setting forth costs of providing such services.
SPECIAL TAX: Further particulars and documentation regarding implementation, definitions
and all other matters necessary to clearly set forth the rate, method and apportionment for the
authorized special tax.
I
SECTION 3. Such "Report", upon its preparation, shall be submltted to this City Cotmcil for review,
and such "Report' shall be made a part of the record of the public hearing on the Resolution of
Intention to establish such District.
PREPARED BY:
John P. Lippit
Director of Public Works
APPROVED AS TO FORM BY:
Kaheny
City Attorney
I
COI~d~.'NITY FACII,FI~S DISTRICT NO. 98-3
SUNBOW El OPEN StACE M,&INTE~42~CE DISTRICT
CITY OF CHL~& '~25TA
EXSJmIT A
Spread Metb~loio~v
In ~-~ ease, ~i= xaegaod daaris usefl is conver~ m a basi: ~it zall~ an Equivalmt Dwelling Unit
(EDU). The ~g~, ~,~ny &~a~_a flweni~g ~ is one EDU and other lam x~es are a ratio relative
to ~his base,~,-_,me. The x~Ine of an ~'iqU is bvaed on EDU fimurs £or which support a~_~ is
ava~ble from lhe City of Chnla ~r,.-ta and/or SA_NE)AG.
the Trip. Genemi~m Metht~i. F~r all ol:h~r types of seawiees, li~ Population Melhod vr~ mfliz~d.
Prug, osed Maxlrm~m Special Tax Rates
rate of ~ lax levy b~oken down by lanrl use for this disrrizt for a typirad dwelling matrix
i~ as follows:
Lad Use Cost/EDU/Year I CosffAere/Year
M~fi-~mily $~ N/A
C~m~ N/A $3,~0
ln~ N/A ~,720
U~velopM I ~na N/A [ 52,470
~he PmB - ~ N/A ~ N/A
CO~LMUNITY FACILITIZS DISTRICT NO. 95-3
SUNBOW II OPEN SPACE M.~CE DISTRICT
CITY OF CHULA VISTA
EXHr IT A
Fa~Tr~v Ma'mtenance Costs a~¢] Spread
to ~ ba.~ ~ The ~ of an EDU is ba~t on EDU facto= for wifieh support Ha is
:from fi~ City of Ch.la ~'~m and/or SANDAG.
~JO~JOS~ M~;lt~l'~'[ Sp~ T~X Rams
rate of ~ mx levy broken down by lap8 use for this ~ for a typical dwelling matrix
Cost/Acre/Year
N/A
N/A
$3,040
$2,720
$2,470
I
COMMU~TrY FAC'II,ITIES DISTRICT NO. 98-3
SUNBOW il OPEN SPACE ~CE DISTRICT
CITY OF CHULA VISTA
EXI-t-mlT A
Fa~T~ Ma'mtenance Costs and Spread Methodoio~
h ~h ease, the m~hod t~ i~ used i~ converted to a basic ~mit called an F_.q~ivaleat I)welli~g Unit
(EDU). The ~-ingle family deta~ed dwelli~g ~t is one EDU and other land uses arc a ratio relative
to ,hiq base ~n~que. Thc value of an MU is based on I~U factors for which suppaa an is
avanahle 15om the City of Ctmla Vi~a and/or SANDAG.
For the Sunb~w I1 Open Space District, two ~pread methods were ~ili.~d to ~h ib,,~, the costs of
thc smdces plovidect For the l.~ndszapcd Merti~c and parkways, thc spread me~hod u'nqiT~d was
the Trip Gen~afim Meth~ For all other lypes of so'vices, the POl~d~m Method was ~m'li?erl
Proposed Marimum Special Tax Rates
The rate of special tax levy broken down by land use for thi~ district for a typical dwening matrix
is as follows:
! ~n~ Use
Single Family Detached
Multi-family
Commercial
Undeveloped 1 ~nrl
Pablie Parcels - (EXEMPT)
Cost/EDU/Year Cost/Acre/Year
$350 N/A
$340 N/A
N/A $3,040
N/A $2,720
N/A $2,470
N/A N/A
Sunbow ~ Open Space Maintenance Dislrict
I
COlVLMILNITY FACH JTIES DLCI~ NO. 98-3
SUNBOW ]] OPEN SPACE MAINTk'NANCE DISTRICT
CR'Y OF CRTJL% YISTA
EXtqT IT A
Costs ~nd Spread Methodology
I~ ~ case. fi~ method en,,'is used is ~ 'ma basic ~it ~alled a~ F_4ulval~t Dwel~g Unit
(EDU). The ~;,,~;e ~..,.."ty detar~d dwe'ri'h',~ ~ is cme EDU :md otb= l~,a uses ar: a ratio relive
tO fi~ base rn~.m:. The ~lne of all ~')U is based on ]~)U fagtors for wllic, h supp~ dala is
a~,q,hl: from ~e City of Cb,I: V-~-ta and/or SANDAG.
For~ Srmbow H ~ Spa~ IXs~c~ two spry__ d xn~h~ were m~ti~d t~ dJsm'but: thc costs of
&~ smd¢cs V~o~id~i For ~ LanSsc~:d M~Szus and t~l-wa~ the sp~d m~hod unl~d was
th: T~ip C_,:a~zian M~r~ For all othe~ typ~ of services, f~ Pop, tim;on Method was,mli-e&
Proposed Ma~ia..~ Spe~d Tax Rates
TI~ rat~ of ~ tax levy bmk~ down by land use for mi~ d/strict for a typical dwelling matrix
~ as follows:
T~nd Use Cost/EDU/Year ] CostfAcre/Year
SinEle Family D~aahed $350 ] N/A
Muki-~ml]y $340 N/A
Cu.,.~,ereial N/A $3.040
l.m~m-ial N/A $2,720
Undeveloped Land
Pub5c Parcels - 05XEMFD
N/A $2,470
N/At N/A
COhLMb~ FACII JTIES DISTRI~ NO. 95-3
SUNBOW H OPEN SPACE M.~INTKNANCE DISTRICT
CITY OF CItULA VISTA
EXI4 iT A
Fac~Tn'v Maim~ance Costs a~d Spread Metbodoio.oy
o.~-amd and ~'~n~ed and tn whi~a servic= w~ be f,,,,,;&-'~l must be ~md m ~e p~c~
~h;,;,, ~: bo~ of~e ~ b~d ~ ~ ~q~le m~odolo~. ~ ~ a ~h~ of
~ ~c ~ g~d ~p~ ~. ~ ~od ~mom c~ ~ ~ co~
to ~i~ bas= ~ge. Thc valne of an EDU is based on EDU fa~or~ for which sttpp~rt a~ is
available ~'om tim City of Ch-h ~'~-ta and/or SA~DAG.
For ~ Sunbow R C~ Spa~e Di~uict; two ~ methods wen: ~;~.~ m dism'but~ tim costs of
the s.~-ices p~uvkted. For the !xnd~aped Mr~ne and ?mq,-ways, the spnmd method n~i:,~d was
the Trip. G-~nm-~rion Method. Fa' ail other ~ of services, the Pop,,lmion Method was
Pronosed Maxinmm Sp~-~al Tax Rates
Th~ rate of speeia/tax levy bmlma down by land use for thi~ d/sa-let for a typical dwelling matrix
is as follows:
~ ~nd Use
Si~fl¢ F~raily I)t~ached
Multi-family
Co,~,,,~rcial
Undeveloped Land
Public Patrols - (EXEMFD
Cost/EDU/Yeaz I CosffAcm/Ye~r
$350 [ N/A
$340 N/A
N/A $3,040
N/A $2,720
N/A $2,470
N/A I N/A
Stmbow II Opera Spac~ Maim~nan~ Dimfict
CO1VLMUNITY FACII IIIES DISTRICt NO. 98-3
SUNBOW I1 OPEN SPACE M.~CE DISTRICT
crrY OF CHULA VISTA
EXt-n' IT A
Costs and Spread Methodoio~
(Et)U). The ~sie faro{fy clinched dweni~g adt is one EDU and ot~= 1~,4 rises m a ~.io mtafive
to fi~/s base m~zm'e. The va~ of .'r, EDU Js based on EDU factors for wi~a snppm't ~-*. is
aw;laNe fi-om'the City of Ctmla V'm:a and/or SANDAG.
For ti~ Sunbow II .Open ~ace Disdct, two s/acad n~hods w=e mi~i,_~ to dism'tn~ ~h~ costs of
tile s~vices p, ovldexL For th, landscaped M. cm~s and ?~,-ways, ffm spread method un]i~d was
tile Trip. ~ Method. For ail other typ~ of services, the Pop,,l~on M;thod ~was ~m'li~x/
Proposed Maxi,vam Special Tax Rates
TI~ ram of spec/al tax levy broken down by land use for thi~ district for a typical dwelling matrix
is as follows:
T~nd Use
Cost/EDU~ Cost/Acre/Year
Single Family Detached $350 N/A
Mulfi-fimily $340 ] N/A
Commercial N/A $3,040
~m--ial N/A ~2,720
Undeveloped LaM
N/A
$2,470
Pablic Parcels - (EXEMYF)
N/A
N/A
Smbow II Ope~ Space Maimemmce District
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
Item ~?.,.~
Meeting Date 06~23~98
RESOLUTION /~?~-~ AMENDING CiTY SIGN POLICY 465-01 AND
AUTHORIZING THE INSTALLATION OF DIRECTIONAL SIGNS FOR THE COORS
AMPHITHEATER IN THE PUBLIC RIGHT-OF-WAY
Community Development Director C ~' ~
PublicWorksDirecto~/,l~-~r
City Manager-~-~_; ~, ~\ (4/5ths Vote: Y~__ No X )
As part of the directional signage for the Coors Amphitheater, due to open this July, the developer, Universal
Concerts, Inc., is fabricating directional street signs to be placed in the right-of-way of Otay Valley Road.
These signs will be similar in size and shape to the ARCO Olympic Training Center signs. Universal wishes
to include the Amphitheatre logo (without the text Coors Amphitheater) on these signs.
Council policy allows the installation of public services directional signs for non-profit land uses such as
schools and churches. The placement of signage for commercial land uses such as the Amphitheater
requires Council authorization. The inclusion of the logo also requires Council authorization.
RECOMMENDATION: That City Council adopt the resolution authorizing the installation of directional
signs identifying the amphitheatre and water park.
BOARDS/COMMISSIONS RECOMMENDATION: NIA
DISCUSSION:
City Council Policy 465-01 allows the installation of directional signage as a public service for non-profit
land uses. The City Council specifically authorized directional signage for the ARCO Olympic Training Center
(which is non-profit), including the inclusion of the sponsor's name, "ARCO." Universal has requested
permission to install several signs in the public right-of-way directing motorists to the amphitheatre. They
would like to include the official logo for the facility (without the Coors name) on the sign (see Attachment
1). There will be two to three signs at appropriate locations to direct traffic.
Staff recommends that directional signage for the amphitheatre be installed since this facility will attract
many newcomers to the area. However, in order to accomplish this, the City Council policy governing such
signage will have to be amended to allow that for-profit facilities of significant size and attraction may also
I
Page 2, Item __
Meeting Date 06123198
receive approval for the placement of directional signs upon determination by the City Council that the
facility is a significant attraction and gathering place, and that permitting directional signage for the facility
will serve the public health, safety or welfare. An appropriate amendment is included in the attached
resolution.
Staff recommends that the Council adopt the resolution amending the Council Sign Policy and authorizing
the installation of directional signs for the Coors Amphitheatm, including the Coors logo without script since
the signs are not for advertising purposes. The State has established a precedent for the inclusion of Iogos
on highway signage in rural area. The State also has adopted Iogos for many land uses, including
amphitheatres. Since the Coors Amphitheatre has an official logo which will be used in all advertising and
promotion, it seems appropriate to allow inclusion of their logo on the directional signs.
Notwithstanding the fact that Universal is responsible for fabrication of the signs, staff recommends that
the waterpark also be identified on the signs since the two facilities are located together and both will draw
laroe numbers of newcomers to the area.
Staff has provided a conceptual rendering of the sign on the attachment. The actual designs are currently
beino prepared and will be submitted to staff for review and approval.
FISCAL IMPACT: All costs for fabrication of the signs will be paid by Universal Concerts, Inc. City
Public Works staff will install the signs at an estimated cost of ~200.00.
(Fl() H:IHOMBCOMMDEVISTAFF.REP~O6.1~981COORSIGN [June 18, 1998 (11:59arn)]
I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CITY POLICY 465-01 AND AUTHORIZING THE INSTALLATION OF
PUBLIC SERVICE DIRECTIONAL SlGNAGE FOR THE COORS AMPHITHEATER
WHEREAS, the City Council of the City of Chula Vista established City Council Policy 456-01
on November 4, 1995 for the purpose of authorizing the construction and installation of non-advertising public
service directional signs within the public right-of-way; and
WHEREAS, City Council Policy 465-01 authorizes the construction and installation of non-
advertising public service directional signage for non-profit places of public assembly only; and
WHEREAS, the City Council wishes to extend the Policy to also include non-advertising
directional signage for for-profit facilities of substantial size and attraction; and
WHEREAS, Universal Concerts, Inc. (the "Developer") are in the process of developing an
amphitheater in Chula Vista to be known as the Coors Amphitheater; and
WHEREAS, it is necessary to install direction signage in the public right-of-way to direct patrons
to the Amphitheater; and
WHEREAS, the developer has requested that the City authorize the installation of directional
signage in the public right-of-way; and
WHEREAS, City Council policy allows the installation of public service directional signage only
for non-profit facilities as a public service; and
WHEREAS, an amendment to the policy has been prepared by staff and is attached hereto
which will allow the placement of signs for commercial facilities of significant signs and attractions; and
WHEREAS, the Coors Amphitheater is a facility of regional significance which will bring many
new people to the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby
The City Council adopts the amendment to City Council Policy 465~01, attached hereto, to allow the
installation of directional signage for commercial facilities of significant size and attraction as a public
service.
Authorize the installation of directional signage for the Coors Amphitheater to be placed in the public
right-of-way(s) in the City of Chula Vista as may be necessary to direct motorists to this facility in a
form in locations approved by staff.
Presented by
Chris Salomone
Director of Community Development
Approved as to form by
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Public Service Directional Signs on Public POLICY EFFECTIVE
Streets NUMBER DATE
ADOPTED BY: Resolution 18108 (Res 8952)
PAGE
465-01 11/14/95 1 of 3
I DATED: November 14, 1995
PURPOSE
The purpose of this policy is to regulate the size, construction and location of non-advertising
public service directional signs within public street right-of-way. This policy is not to be
construed to regulate in any manner signs erected by any municipality, County or State
agency for the purpose of regulating or directing traffic.
POLICY
1. Definition
Public service directional signs shall be construed to mean directional signs relating to churches, general
hospitals, public welfare organizations, public service clubs, schools, parks, and other non-profit places of
2. Limitations
No sign shall be permitted in a public street right-of-way unless in accordance with
this policy, except signs erected by a governmental agency for purposes of traffic
control and direction.
3. Permission
Permission to install public service directional signs shall be obtained from the City
Engineer. If a sign is to be located on a State Highway, the requesting organization
shall obtain prior approval for the installation from the California Department of
Transportation.
Location of Signs
ao
co
Location of signs shall be approved by the City Engineer of the City of Clmla
Vista or his representative.
Signs shall not be permitted within 200 feet of traffic signals, or within 100 feet
of official directional or regulatory signs (Stop, Speed, Parking, etc.), or closer
than 50 feet to bus loading zone signs. Under special conditions the City
Engineer, or his i'epresentatives may modify distance requirements relative to
other signs.
Each place of assembly shall be limited to directional signs at three (3) points
of access for a total of six (6) signs.
Signs shall observe all Sections of the Vehicle Code Safety laws.
SUBJECT:
COUNCIL POLICY
CITY OF CHULA VISTA
Public Service Directional Signs on Public POLICY
Streets NUMBER
EFFECTIVE
DATE PAGE
ADOPTED BY:
465-01 11/14/95 2 of 3
Resolution 18108 (Res 8952) I DATED: November 14, 1995
e. At locations where two or more private directional signs are located within 200
feet, aH shall be grouped on single posts or panels.
f. Signs shall not be permitted on a major street if the institution is located on
that major street.
Construction Design and Material of Signs
ao
All signs shah be of 0.063 gauge or higher Aluminum Alloy, and of standard
size - 18" x 24% or 24" x 18".
All signs shah be of standard color - white reflective background and blue
lettering and border.
A 3/8' border 1/4" in from the edge of sign shall be provided.
Not more than three lines of copy will be permitted, with a minimum height of
2v4'' plain capital block lettering, and all signs shall include an arrow at the
bottom o~ sign to indicate direction.
No seals, emblems or insignia, nor any other color paints will be permitted on
signs.
Posts and hardware for signs will be furnished by the City after the required
fee(s) are paid.
All materials, workmanship and finish shall be equal to those used by the City
of Chula Vista.
6. Furnishing of Signs
All public service directional signs shall be furnished by the requesting organization at
the organization's expense.
Installation and Maintenance
The City will install aH signs covered by this policy and be reimbursed in
advance by the requesting organization at the rate of $20.00 installation per
sign as provided in the City's Master Fee Schedule [Required Fee(s)] that is in
effect at the time of installation. This charge shall include aH labor, material
posts and brackets as necessary for complete installation.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Public Service Directional Signs on Public POLICY EFFECTIVE
Streets NUMBER DATE
PAGE
465-01 11/14/95 3 of 3
ADOPTED BY: Resolution 18108 (Res 8952) [ DATED: November 14, 1995
b. Routine preventative maintenance (as received by official signs) will be
performed by the City at no extra charge. If at any time this these signs are
found to have deteriorated beyond the point where maintenance can provide an
acceptable appearaneel the Superintendent of Streets shall remove the sign and
notify the owner. If the owner elects to furnish a replacement sign, he shall do
so within thirty (30) days after notification and shall reimburse the City for
installation of such sign by pre-payment of the required fee(s).
c. Any sign damaged or lost by accident or malicious conduct shall be replaced at
no cost to the City. No service charge shall be required in this case.
d. Should a place of assembly move to a new location, any public service
directional signs required for a new location shall be considered as new signs
and subject to the required fe~(s). A new application will also be required in
this case.
eo
Should a place of assembly cease its operation at a particular location, the
owner of ~ae sign shall notify the Superintendent of Streets within the fifteen
(15) days after said cessation in order that the existing directional signs may be
removed.
8. Procedure
Application for the installation of directional signs defined by this policy shall be made
to the Office of the City Engineer, 276 Fourth Avenue, Cbula Vista, California 91910.
The number and location of signs, proposed sign legend, and other information
showing conformity with this policy shall be indicated in the letter of application.
The application will be reviewed and either approved or disapproved, and returned to
the requesting party. Reasons for disapproval will be shown on the returned
application.
The signs shall be delivered to the Office of the City Engineer and the installation cost
shall be deposited with the City Finance Director's Office, 276 Fourth Avenue, Chula
Vista, California 91910 within 90 days following the approval of the application; upon
receipt of the signs and deposit of the required fee(s) the installation shall be ordered
if all the above conditions have been met.
Directional sign for the Coors Amphitheatre with the logo as proposed.
Amphitheatre
Water Park
TO:
VIA:
FROM:
SUBJECT:
The Honorable Mayor and Cit~] Coun~)
David D. Rowlands, Jr., City Manag~'r~
Chris Salomone, Community Development Director (,. ~-~ ,
Tour of San Diego Pump Station
June 16, 1998
Several months ago tho City Council was made aware of a proposal by the San Diego Metropolitan Water
District to locate a sewer pump station in Chula Vista in conjunction with the rerouting of sewerage flow south
to a new treatment plant to be constructed near the border. There are five sites in Chula Vista which are being
considered as possible locations for the pump station (see attached map).
As part of the site selection process, City of San Diego staff have proposed to take Chu]a Vista City Council
members and staff on a tour of similar facilities in San DieDo and National City. There will also be a Citywide
Advisory Committee tour scheduled for Saturday, July 11, 1998.
If the City Council would like a separate tour of similar projects in the area, it is requested that a subcommittee
be named and staff advised as to convenient dates and times for a tour.
NOT TO SCALE
SOUTH BAY CONVEYANCE SYSTEM
ALTERNATIVE SITES FOR SWEETWATER PUMP STATION (SWPS)
FIGURE 1
June 18, 1998
TO:
FROM:
The Honorable Mayor and City Council
David D. Rowlands, Jr., City Manage~
SUBJECT:
City Council Meeting of June 23, 1998
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, June 23, 1998. Comments regarding
the Written Communications are as follows:
Sa.
This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 6/16/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED ~ FILED.
DDR:mab
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