HomeMy WebLinkAboutAgenda Packet 1998/03/17
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Rel!Ular Meetin. of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -, Padilla -, Rindone -, Salas -, and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 3. 1998,
4. SPECIAL ORDERS OF THE DAY: Resolution honoring outgoing president of the Hispanic
Chamber of Commerce Enrique Morones and introducing the
incoming president, Marco Polo Cortes.
CONSENT CALENDAR
(Items 5 through 8)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak 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 and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a, Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 3/10/98, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed,
b. Letter from Vida Navarro, a junior at Hilltop High School, requesting a donation toward
her trip to Europe with the San Diego Youth Symphony. It is recommended that $50.00 from
the Council Contingency account be granted to Vida Navarro toward expenses incurred for her
participation in Europe with the San Diego Youth Symphony.
c. Letter from Dennis Mauricio, Director of Music at Hilltop High School, requesting a
donation toward their trip to Phoenix for the Music Educators National Conference. It is
recommended that $250.00 of the Council Contingency Account be granted to the Hilltop High
Music Tech Ensemble in exchange for their performance at a City event during this calendar year.
d. Letter of resignation from the United Nations Committee - Georgia Langhorst. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
!
Agenda -2- March 17, 1998
6. ORDINANCE 2725 APPROVING AMENDMENTS TO THE SALT CREEK RANCH
SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF
MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT
REGULATIONS REGARDING CERTAIN SIDEYARD SETBACK
ENCROACHMENTS rsecond readim! and adoption) - The applicant proposes
to amend the Sectional Planning Area (SPA) plan for the project formerly
koown as Salt Creek Ranch and now identified as Rolling Hills Ranch. The
proposed amendments would allow certain setback encroachments which would
accommodate trellis structures over driveways, where the driveways lead to
garages located in the rear of the lot for the SF I, SF2, and SF3 single family
detached land use districts. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Planning)
7. RESOLUTION 18923 APPROVING A PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS WITH THE CITY OF SAN DIEGO AND
TRUST FOR PUBLIC LAND FOR THE ACQUISITION OF 36.44 ACRES
OF PARK LAND LOCATED IN THE OTAY VALLEY -In 1985, the City
of Chula Vista annexed the community of Montgomery, which was found to be
deficient in adequate park facilities. In 1989, the City adopted a comprehensive
update of the General Plan which identifies a planned neighborhood park located
north of the Otay River and west of Interstate 805. Council has approved a
Capital Improvement Project for the acquisition of park land west of Interstate
805 in the 97/98 budget. An appropriation of$1,01l,750 from Park Acquisition
and Development Funds was approved; however, only $867,249 will be needed
to acquire 36.44 acres within the Otay Valley, In conjunction with acquisition
efforts related to the proposed Otay Valley Regional Park, the City of Chula
Vista is working in conjunction with the City of San Diego Property Division
to acquire this land. Staff recommends approval of the resolution. (Director of
Parks and Recreation and Director of Planning)
8. RESOLUTION 18924 ACCEPTING REAL PROPERTY CONSISTING OF 1.8 ACRES
LOCATED SOUTH OF BEYER WAY WITHIN THE OTAY VALLEY-
As a result of mitigation requirements for work associated with the construction
of La Media Road, where it crosses the Telegraph Canyon Creek flood channel,
McMillin Project Services, Inc. proposes to deed 1.8 acres of land located
within the Otay River Valley and south of Beyer Way to the City. This land
area is to be retained in its natural state (riparian), per the conditions of permits
issued by State and Federal agencies, and is intended to be a part of the
proposed Otay Valley Regional Park. Staff recommends approval of the
resolution. (Director of Planning)
* * * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
Agenda -3- March 17, 1998
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction 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 agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantÙll 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.
9. RESOLUTION 18925 APPROPRIATING FUNDS FOR EMERGENCY SLOPE PROTECTION
MEASURES AT 289/291 GREENWOOD PLACE - On 7/30/97, Engineering
staff issued a grading permit for the creation of two new residential dwelling
pads at 289/291 Greenwood Place, Work on this project came to a halt after the
natural slope had been revised, a considerable amount of soil had been imported
to the site, and a retention wall at the toe of the slope had commenced. Since
October 1997, staff has attempted to have the property owners, and/or the
bonding company, to either complete the work and/or take actions to correct the
potential unstable conditions created as a result of the unfinished grading,
inadequate erosion protection, and excessive storm run off at the site, We were
unsuccessful in having the permittee take the appropriate corrective action and
due to the threat of the El Nino effect were forced to take steps to correct the
situation on an emergency basis. Staff recommends approval of the resolution,
(Director of Public Works) 4/5th's vote required.
Agenda -4- March 17, 1998
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
10. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings,
b, Requested closure of a portion of 1-805 northbound for filming and impact on Chula Vista,
11. MAYOR'S REPORT(S)
a. RESOLUTION 18926 SUPPORTING ASSEMBLY BILL 68, SALES & USE TAX
EXEMPTION FOR ANIMAL SHELTERS ON PET ADOPTIONS -
This bill would exempt the City's Animal Shelter from having to pay
sales/use tax on sale of animals.
b. RESOLUTION 18927 SUPPORTING ASSEMBL Y BILL 1685, DISTRICT
BOUNDARIES - This bill would help ensure that all of Chula Vista
remains within one Supervisorial District.
c, RESOLUTION 18928 SUPPORTING HR 2757, CABLE SERVICE RATE
MORATORIUM - This bill would protect Chula Vista residents from
additional rate increases on basic cable television or cable programming
costs.
d. RESOLUTION 18929 SUPPORTING DR 3258 CALLING FOR AN EXTENSION OF
FCC'S REGULATION OF EXPANDED-LEVEL CABLE
SERVICE BY REPEALING ITS CURRENT SUNSET DATE OF
MARCH, 1999 (Legislative Committee)
12. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on March 24, 1998
at 6:00 p.m. in the City Council Chambers,
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Tuesday, March 17, 1998 DATED, ðJì3)'q]" 'S;3.¡~ù~&~~. Council Chambers
6:00 p.m, hc ServIces Butldmg
(immediately following the City Council Meeting)
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments 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 City. The Council is
required by law to return to open session, issue any reports of Ji!¡gJ action 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 ofJi!¡gJ 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.
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Govermnent Code Section 54957.6
. Agency negotiator: Joho Goss or designee for 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
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, March 17, 1998 Council Chambers
6:05 p.m. Public Services 8uilding
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and
Mayor Horton.
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager, John D. Goss; Assistant City Attorney, Ann
Y. Moore; and City Clerk, Beverly A. Authelet.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 3, 1998.
MSC (Rindone/Padilla) to approve said minutes 4-0-0-1 (Moot abstaining because
he was absent at ~he meeting).
4. SPECIAL ORDERS OF THE DAY: Mayor Horton presented a Resolution honoring
outgoing president, Enrique Morones, of the Hispanic Chamber of Commerce. Then
she introduced the incoming president, Marco Polo Cortes.
CONSENT CALENDAR
(Items pulled: 7)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved unanimously 5-0.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 3/10/98, that there were
no reportable actions which are required under the Brown Act to be reported. Per
staff's recommendation, it was approved 5-0 that the letter be received and
filed.
b. Letter from Vida Navarro, a junior at Hill top High School, requesting a
donation toward her trip to Europe with the San Diego Youth Symphony. Per
staff's recommendation, it was approved 5-0 that $50.00 be taken from the Council
Contingency account for Vida Navarro toward expenses incurred for her
participation in Europe with the San Diego Youth Symphony.
c. Letter from Dennis Mauricio, Director of Music at Hilltop High School,
requesting a donation toward their trip to Phoenix for the Music Educators
National Conference. Per staff's recommendation, it was approved 5-0 that
$250.00 be taken from the Council Contingency Account and granted to the Hilltop
High Music Tech Ensemble in exchange for their performance at a city event during
this calendar year.
d. Letter of resignation from the United Nations Committee - Georgia
Langhorst. Per staff' s recommendation, it was approved 5-0 to accept the
resignation with regret, and the City Clerk was directed to post the vacancy
immediately according to the Maddy Act in the Clerk's Off ice and the Public
Library.
Minutes
March 17, 1998
Page 2
6. ORDINANCE 2725 APPROVING AMENDMENTS TO THE SALT CREEK RANCH SECTIONAL
PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY
DISTRICT REGULATIONS REGARDING CERTAIN SIDEYARD SETBACK ENCROACHMENTS (second
readinq and adootion) - The applicant proposes to amend the Sectional Planning
Area (SPA) plan for the project formerly known as Salt Creek Ranch and now
identified as Rolling Hills Ranch. The proposed amendments would allow certain
setback encroachments which would accommodate trellis structures over driveways,
where the driveways lead to garages located in the rear of the lot for the SFl,
SF2, and SF3 single family detached land use districts. Per staff's
recommendation, the ordinance was placed on second reading and adopted 5-0.
(Director of Planning)
7. RESOLUTION 18923 APPROVING A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS WITH THE CITY OF SAN DIEGO AND TRUST FOR PUBLIC LANO FOR THE
ACQUISITION OF 36.44 ACRES OF PARK LAND LOCATED IN THE OTAY VALLEY - In 1985, the
City of Chula Vista annexed the community of Montgomery, which was found to be
deficient in adequate park facilities. In 1989, the City adopted a comprehensive
update of the General Plan which identifies a planned neighborhood park located
north of the Otay River and west of Interstate 805. Council has approved a
Capital Improvement Project for the acquisition of park land west of Interstate
805 in the 97/98 budget. An appropriation of $1,011,750 from Park Acquisition
and Development Funds was eapproved; however, only $867,249 ",ill be needed to
acquire 36.44 acres within the Otay Valley. In conjunction with acquisition
efforts related to the proposed Otay Valley Regional Park, the City of Chula
Vista is working in conjunction with the City of San Diego Property Division to
acquire this land. Per staff's recommendation, the resolution was adopted 5-0.
(Director of Parks and Recreation and Director of Planning)
The item was pulled by Councilmember Rindone. He asked how long did staff
anticipate it will take the City of San Diego to deannex the 36.44 acres of
parkland in Chula Vista.
Jess Valenzuela, Director of Parks and Recreation, replied that deannexation will
not occur immediately. It will probably be over a year or so before any kind of
annexation occurs. However, the property will be purchased within the next
couple of months. Escrow closes at the end of the month.
Councilmember Rindone asked if it was staff's understanding that if we adopt this
resolution tonight that they will also be having direction to proceed with San
Diego for deannexation.
Mr. Valenzuela responded yes that staff is proceeding in that direction. He has
met with San Diego staff and Councilmember Vargas to go over the possibility of
annexation and deannexation. Staff feels optimistic that we will be able to
achieve the annexation.
Councilmember Rindone asked if the City of San Diego could waive the property
taxes since we are waiving potential of any soil clean up costs.
Ann Moore, Assistant City Attorney, stated that under the State constitution the
City was required to pay property taxes for property not within its jurisdiction.
Once we have annexed the property and its within our jurisdiction, then we can
ask for a cancellation of the taxes. But it is the County that we would have to
ask for such cancellation after the annexation. Up until then, we cannot get a
waiver of the property taxes, although they do allow a discounted amount of
property taxes.
Councilmember Rindone asked if assuming the parkland is purchased, we do annex,
and all things fall in place, then would it be possible for us to apply for a
waiver of the property taxes retroactively from the time in which we made the
purchase.
Ms. Moore replied that we can certainly ask.
Minutes
March 17, 1998
Page 3
Councilmember Rindone asked if staff would inquire into that and give us
information in regards to their understanding. This is something that we should
pursue and also should vigorously shorten the time line in which the property
would be deannexated and obtained by the City so that it would come down on this
cost; it is a mutual benefit.
Councilmember Moot asked why didn't we structure the transaction so we didn't
become owner until after the annexation was approved and thereby save us from
having to pay the property tax in the first place.
Ms. Moore responded that we could have done that. We structured the deal in
accordance with staff's wishes. There was a desire on the part of the city staff
to own the property now.
Mr. Valenzuela stated what we attempted to do was identify the property that
Council had seen while on a tour. That particular property we wanted to assure
that it belonged to the City and wouldn't get blended into the remaining portion
of the regional park. We wanted to do it on the onset of the overall purchase
to insure it would be a Chula Vista park.
Councilmember Moot asked if staff thought that the City of San Diego would be
adverse structuring the contract in such a way so we had an option. We could put
down some option money and then actually it wouldn't change hands until
annexation. Technicàlly then, we wouldn't be the owner and we wouldn't have to
pay the property taxes in the mean time.
Mr. Valenzuela stated that staff hasn't discussed this with the City of San
Diego, but we can attempt to do that.
Councilmember Rindone asked that if we were to trail this for a couple of weeks
to give staff time to investigate those options which are being suggested, what
problems would we have for that delay.
Ms. Moore responded with respect to the suggestions that were made for the City
putting an option on the property, we could try to negotiate that. Her
understanding was that the property owner, Fenton, was anxious to sell the
property. Right now they were primarily negotiating with San Diego. We could
provide the City of San Diego with our money and ask them to purchase the 36
acres and then seek an option with the City of San Diego if we wanted to do that.
She believed it was staff's belief that they wanted to actually have the property
in ownership because it would also help with our deannexation process if we were
the property owners.
Mr. Valenzuela stated that escrow will close on March 31, so we will have a very
small window of opportunity with the City of San Diego processing the purchase
of the overall property including the property which is being purchased with
State funds.
John Goss, City Manager, stated what has been proposed to the City of San Diego
has been something which has been discussed for a number of years. Our general
plan actually goes beyond our City limits. What was proposed a number of years
ago when the City of San Diego de annexed 200 acres and we annexed 200 acres that
is now the site of the water park and the amphitheater was the straightening of
the boundary line. Politically that did not work out between the two mayors.
What has been more recently proposed to the San Diego City Manager was basically
straightening the line out all the way to Beyer Way, so the broader issue is
trying to straighten out the boundary line which takes in about four times the
amount of property than we are talking about in this item. He felt the
deannexation, if we are just looking at the park parcel, would not be much of a
problem. He felt it was the larger one which will take a longer period of time,
although he did not feel it was an issue.
Councilmember Rindone felt the points made by Mr. Goss were sensible and
reasonable. He also felt the issue about paying property taxes to another public
agency for parklands without more assurances is something that should be looked
Minutes
March 17, 1998
Page 4
at, but not to the extent that it would delay the close of escrow. He felt it
was reasonable that we protect the interests of our residents. We will be paying
property taxes to another public agency for a public park which is not going to
generate funds, but all of the other characteristics and reasons for the action
tonight are legitimate and viable. He felt it would be prudent for us to have
that researched with the City of San Diego and to develop some kind of Memo of
Understanding so that we don't have those difficulties.
Mr. Goss felt that his only caution would be that if we proceeded to say we want
to look principally at this time of the deannexation and annexation just the park
property to save the $2600 per year in the property tax, we may lose the bigger
issue of the property that we are trying to annex from San Diego that would
basically straighten out the boundary.
Councilmember Rindone stated he was not convinced. If we get a validation of
that and that was the intent of the City of San Diego, we would be able to bring
this back in time with that assurance and not jeopardize either the short-range
objective that is before us or the longer range objective for straightening out
the boundary. He asked if it would be possible to bring this back at the next
scheduled meeting.
Ms. Moore responded that if the next meeting was on the 31st then we would miss
the escrow closing.
Councilmember Rindone responded that he did not want to hold this up, so if we
proceed with this, then staff at the next meeting could present a report.
RESOLUTION 18923 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived,
passed and approved unanimously 5-0.
8. RESOLUTION 18924 ACCEPTING REAL PROPERTY CONSISTING OF 1.8 ACRES LOCATED
SOUTH OF BEYER WAY WITHIN THE OTAY VALLEY - As a result of mi t igat ion
requirements for work associated with the construction of La Media Road, where
it crosses the Telegraph Canyon Creek flood channel, McMillin Project Services,
Inc. proposes to deed 1.8 acres of land located within the Otay River Valley and
south of Beyer Way to the City. This land area is to be retained in its natural
state (riparian), per the conditions of permits issued by State and Federal
agencies, and is intended to be a part of the proposed Otay Valley Regional Park.
Per staff's recommendation, the resolution was adopted 5-0. (Director of
Planning)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
. Matt A. Flach, 1399 Nacion Avenue, 91911, representing the Cultural Arts
Commission, announced the following upcoming event s: Expo 98 at Chula Vista
Marina View Park on Saturday, April 4; Mixed Media Show at Southwestern College
Gallery March 18-April 23; the recent Black Film Festival which was very
successful will become an annual event; Public Programs at Museum of Photographic
Arts in San Diego on March 28; Gail McCandliss Art Awards are in the process of
being selected; Benefit Performance with proceeds going to the McCandliss fund
on March 18-21 at Southwestern College; and finally the Commission intends to
become more active and will try to make a monthly presentation to Council.
. Dale M. Vizina, 442 Oxford Street, 91910, stated there is a thing called
a "brit fitting" that ties a sewer line in. What it is is another cleanout on
the frontage property of the house. One cleanout is put on the sewer line at 7
feet from the house and there is supposed to be another cleanout put on the
frontage property to bring it up to code. He was told that he could put this in,
but he was not going to do so. All the houses are not getting it put in. It
should have been added in with the cost of putting in the curb and sidewalks.
Minutes
March 17, 1998
Page 5
It will be a problem when it comes to cleaning out sewer lines. He thought he
would bring it up to the Council to take a look into it.
Mayor Horton stated she would have staff get back to Council with a report on the
status of this.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
9. RESOLUTION 18925 APPROPRIATING FUNDS FOR EMERGENCY SLOPE PROTECTION
MEASURES AT 289/291 GREENWOOD PLACE - On 7/30/97, Engineering staff issued a
grading permit for the creation of two new residential dwelling pads at 289/291
Greenwood Place. Work on this project came to a halt after the natural slope had
been revised, a considerable amount of soil had been imported to the site, and
a retention wall at the toe of the slope had commenced. Since October 1997,
staff has attempted to have the property owners, and/or the bonding company, to
either complete the work and/or take actions to correct the potential unstable
conditions created as a result of the unfinished grading, inadequate erosion
protection, and excessive storm run off at the site. We were unsuccessful in
having the permittee take the appropriate corrective action and due to the threat
of the El Nino effect were forced to take steps to correct the situation on an
emergency basis. Staff recommends approval of the resolution. (Director of
Public Works) 4/5th's vote required.
Mayor Horton excused herself because this particular house with the slope problem
was within a few blocks of her house. She turned the meeting over to Mayor Pro
Tem Rindone, and she left the dais.
Cliff Swanson, Deputy Public Works Director/City Engineer, emphasized that this
was to appropriate funds to cover not only money spent by staff to undertake
emergency measures, but to get a final plan for a permanent fix. If the bonding
company doesn't step forward prior to the point at which we want to take the
final action, there may be further City funds that would have to be appropriated.
RESOLUTION 18925 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived,
passed and approved 4-0-0-1 (Horton abstaining).
ITEMS PULLED FROM THE CONSENT CALENDAR
Item No.7 was pulled by Councilmember Rindone; however, the minutes will remain
in published agenda order.
OTHER BUSINESS
10. CITY MANAGER'S REPORTeS)
. GMOC workshop. It will be on April 27 at 6:00 p.m.
. Date for the Fourth Meeting in March. Councilmember Rindone requested that
the last meeting of March be held on 3/31/98 instead of the usual 3/24/98 since
he could not make the meeting on the 24th.
MSUC (Rindone/Padilla) to change the date for the fourth meeting to March 31,
1998.
Minutes
March 17, 1998
Page 6
. Requested closure of a portion of I-80S northbound for filming and impact
on Chu1a Vista.
Mr. Goss stated that we had received a request from the San Diego Film Commission
indicating that there had been a request by a film company to close northbound
I-80S for three miles from its split at the border to the Main Street exit.
While the city of Chu1a Vista would not be involved in this decision, it was put
on the Council Agenda since it could affect people who live in Chula Vista. They
would be closing the freeway during April for 23 days. A lot of questions have
been raised. He has been advised by the Police Department that there is a major
meeting with the film company tomorrow involving Caltrans, Highway Patrol, Chula
Vista Police Department, and other interested parties. He suggested that if
after hearing the presentations, Council had questions regarding this proposal
that we record the questions and attempt to get answers at the meeting with the
film company.
Kathy McCurdy, representing the Film Commission, shared some potentials for some
great benefits to the community as well as the tremendous challenges. She
briefly reviewed how the project came to them and the efforts she has been making
to guarantee that Chula Vista and San Diego are well involved.
Councilmember Padilla eagerly awaited for information illustrating that the
economic or public relations impacts of a potential activity of this kind would
outweigh what he views at first blush as potentially devastating impacts. This
is something that is integral to the economic viability and development of the
entire South County. When you are so close to the border and you have struggling
businesses in Chula Vista that rely on people having access not to mention the
impacts to residents in the South Bay in terms of simple inconvenience of being
routed over to the 1-5 up to I-54. Although the Counc il does not have any
regulatory authority over the decision, we do have a voice. It would take an
awful lot for him to be convinced that although it may be very exciting from a
Hollywood glamour standpoint and very appealing with various promotionals, he was
having a hard time imagining what data could be provided to show that the trade
off and potential losses to local businesses, exposure and costs, and
inconvenience could warrant this in the South Bay.
Mayor Horton asked why was this segment selected as the site for filming. Were
there special criteria that we are not aware of. Why couldn't they have selected
the segment between I-80S and I-5, the SR-54. The impact would be less on
businesses and the community than this segment.
Ms. McCurdy replied that they had looked at every possible freeway in the area.
There was an element of complete control because of the nature of the border
crossing. It seemed to be more logical to be able to start a detour where there
was an immediate access to another parallel freeway; traffic could be immediately
diverted to the 1-5. They were also looking for an urban look. The story plays
in Los Angeles, so it has to have a sense of continuity that they are in an older
established freeway with some civilization around it.
Councilmember Rindone asked who ultimately had the final authority or decision
on this. Would they be holding any public hearings on this.
Ms. McCurdy replied that it was a very strong partnership between Caltrans and
CHP, but Caltrans ultimately has the final authority. She did not know if there
would be any public hearings. There would be another technical data gathering
meeting tomorrow. Caltrans would be returning with more numbers to see if there
were options to see if any of the suggested concessions were doable or not.
Councilmember Rindone stated that one of the things that we should request would
be to have at least one or two public hearings to insure that something wasn't
being overlooked by Caltrans or the Highway Patrol. He assumed that AAA and the
Truckers' Associations would be contacted for their input. He requested that
Caltrans review the impacts this would have on I-5. Even if I-80S is closed for
those three miles bringing the traffic across I-90S to I-5 would also have some
impacts all through Chula Vista and would affect our residents.
-_u
Minutes
March 17, 1998
Page 7
Addressing Council was:
. Patty Davis, 1375-17 Callyon Montifrio, 91910, concurred with Councilmember
Padilla's remarks that the impact on the community would be tremendous and would
be very negative. She had a concern for the businesses in Chula Vista; there
would be a loss of revenue to the businesses and a loss in revenue of sales tax
dollars to the City in a time when our budget needs that money. She had talked
with Doug Fuller from Fuller Ford, he wasn't able to be here because he had a
meeting in Sacramento, but he was very much opposed to the closure of I-80S for
this filming. She did not feel there will be positive impacts for Chula Vista;
she felt the people would probably be staying and eating in San Diego. She was
also concerned about the people who live in East Chula Vista who actually work
in Mexico. When they come home, they are going to have to go up I-5 to SR-54,
go east to the I-80S, then south to "H" Street or Telegraph Canyon east.
Currently, there is traffic congestion around 5:30 and 6:30 p.m. now. If we add
the additional people who can't come north on the I-80S, there will be a
tremendous traffic impact.
Mayor Horton stated that the City of Chula Vista tries very hard to cooperate
with other cities and the county. She wished she could support the request to
move forward and cooperate. However, the impacts to the business community and
to the residents will be tremendous and that has to be considered. She hoped
staff would take the conce.rns"ß>q:u:essed to J:.he .meet.i.ng tDmorrnw.
11. MAYOR'S REPORT/S)
. RESOLUTION 18926 SUPPORTING ASSEMBLY BILL 68, SALES & USE TAX EXEMPTION
FOR ANIMAL SHELTERS ON PET ADOPTIONS - This bill would exempt the City's Animal
Shelter from having to pay sales/use tax on sale of animals.
. RESOLUTION 18927 SUPPORTING ASSEMBLY BILL 1685, DISTRICT BOUNDARIES - This
bill would help ensure that all of Chu1a Vista remains within one Supervisorial
Distr ict.
MSUC (Horton/Rindone) to approve Resolution 18926 and 18927.
. RESOLUTION 18928 SUPPORTING HR 2757, CABLE SERVICE RATE MORATORIUM - This
bill would protect Chula vista residents from additional rate increases on basic
cable television or cable programming costs.
Mayor Horton stated that when she read this item, she wondered what would the
impact be to the smaller companies like Chula Vista Cable. The smaller companies
struggle much harder competing with the big companies like Cox Cable. If Council
would agree, we need to make a statement that companies in a smaller company
category need to be excluded from this legislation.
Gerald Young, Principal Management Assistant, stated that the author may be
amenable to that. In looking for a category that a company like Chula Vista
Cable would fit into, the broader category is that Chula Vista Cable and many
other smaller companies are not currently rate regulated because of the size of
the company. If there were to be a category added to the author's bill that
dealt specifically with those companies that are currently not rate regulated
that would probably address the issue best.
Mayor Horton asked are you telling us that if we went ahead and approved this,
the smaller companies like Chula Vista Cable would not fall into this category;
that they would not be regulated by this legislation.
Mr. Young responded no, actually the way bill is written right now is very broad,
and it would effect all cable companies. But if Council were interested in
adding a category to the bill that specifically gave some allowance along the
lines suggested, those companies that are not currently rate regulated would be
allowed to let their rates float up to a level currently allowed within the
service area. That would accomplish that objective. The bill as it is currently
Minutes
March 17, 1998
Page 8
written would not give Chula Vista Cable the ability to raise their rates at all.
With the amendments that he suggested, it would.
Councilmember Rindone stated he would only support this if its understood that
we would seek a provision which would allow the unregulated companies to be able
to adjust their rates, not to exceed the current rate paid which is what the
moratorium would affect.
Addressing Council was:
. Marty Altbaum, 396 E Street, Chula vista, 91910, representing Chula Vista
Cable, explained to the Council the fight that has been waged to try to make sure
that he did not get crushed in what is going on. He thought what he did is what
the Congress and Senate wanted. That if people would step up and do what he has
done, then you wouldn't have all these problems with rates because in the area
where he services, people are paying almost $5.00 a month less just because they
are in the areas of Chula Vista Cable. Competition does work; but without money
it is a struggle. This bill will not work for him. He is supposed to be exempt
from regulation, but if they put him back into it, then he couldn't make it.
Mr. Young stated that the way this piece of legislation is written which is very
brief and very broad, it would not exempt any of the cable companies even if they
were currently exempt as Chula Vista Cable is.
Councilmember Moot stated the author of the bill clearly committed an oversight.
He did not feel that he meant to regulate businesses that didn't fall under
regulations to begin with. If that was pointed out to the author of the bill,
that he shouldn't attempt to apply this to a business not subject to regulation
under the federal rules. That would be an easy amendment to the bill that at a
minimum would be appropriate. The point being made, however, is that this type
of legislation as a whole really does very little to address the basic problem.
Councilmember Rindone stated the point that we are suggesting is that we are not
wanting to take a position of support or opposition to this bill instead we are
considering the option of actually directing staff to suggest the amendments that
would be beneficial to provide for competition and would protect the smaller
companies. With that understanding, staff should bring this back to Council for
a position of support or opposition. He felt that would be even more proactive.
Councilmember Padilla asked what was the status of HR 2757. There is generally
a time limit at each committee level before it is reported on the flow for
amendments to be offered. Do you know what it is in this case.
Colleen Kelly, Administrative Analyst II, replied that HR 2757 has been
introduced and assigned to a subcommittee, but has not yet been given a hearing
date. We have time to come back with a suggested request for amendment. In
addition, having spoken with the author's office, she agreed that his concerns
are over some of the rate increases which have already come into existence and
the fact that the competition has not materialized as quickly as one would have
hoped. She did not know what the time limit was.
Councilmember Padilla agreed that we should not be calling upon staff to try to
make any opinion of the applicability of this to a particular provider, large or
small, because of the way it is drafted. He could not support the bill in its
current form and was not going to try to guess what the author's amenability to
an amendment would be until he has some kind of statement from the author as to
what and when they would be willing to offer the amendment. He agreed with his
colleagues that we should continue this before we make a statement of support or
opposition until we have some clear information about the author's intent.
MSUC (Rindone/Padilla) to take no position on HR 2757 and direct staff to
communicate with Fazzio's staff regarding Council's concerns and report back to
Council and Mr. Altbaum.
Minutes
March 17, 1998
Page 9
. RESOLUTION 18929 SUPPORTING HR 3258 CALLING FOR AN EXTENSION OF FCC'S
REGULATION OF EXPANDED-LEVEL CABLE SERVICE BY REPEALING ITS CURRENT SUNSET DATE
OF MARCH, 1999 (Legislative Committee)
Councilmember Padilla stated it has clearly been borne out that the results that
were thought to be coming to fruition with competition being introduced at a
greater level have not been realized. He felt this piece is most appropriate and
he was prepared to support this.
Councilmember Salas stated she rather take more time to make sure that even
though Mr. Altbaum feels that he is exempted from this particular regulation
because of his size, she would prefer to make sure and come to an understanding
about that. Council needs to do whatever we can do to ensure that companies like
Mr. Altbaum's are able to compete and thrive in a community.
Resolution 18929 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approved unanimously 5-0.
. Reconsidering Council's direction on the Gross Receipts Tax.
Mayor Horton felt it was pretty clear from the comments made at last week's
Council meeting that the Council would not like to move forward on looking into
the gross receipts tax. Unless she heard otherwise, the issue will be dropped.
This will not be an issue which council will be supporting.
There was no response from Council.
. Reconsidering the composition of the BECA board.
Mayor Horton stated that Mr. Rindone had originally expressed some concerns and
wanted Council to support having a Councilmember and Ms. Salas a Chamber member
added to the BECA Board. We went forward with the Chamber member, but she felt
it would be prudent until we get further along to include a member of the Council
as a member at large.
M (Horton) to include a Councilmember on the BECA board as an at-large member.
Councilmember Moot stated he wasn't at the meeting when this was discussed, but
he had attended several of the BECA meetings when the idea of what their
composition could be. He was an advocate of leaving a member of the City Council
off the Board, because as soon as you put a City Councilmember on the Board you
begin triggering the Brown Act and other governmental regulations. He felt that
conceptually the Board wanted to move away from an overly regulated organization
that was constrained with some very ridged requirements if a member of the
Council was on it.
Mayor Horton stated for that reason, she was not supportive of hav ing a
councilmember be a part of the composition of the BECA board. However, it might
be beneficial for a short period of time to include some participation with the
City by having an at-large member until we can feel that we are fully
established, have the financing, and are ready to move forward.
Councilmember Rindone stated he would support it, but he felt it should be as a
voting member. We have a classic example where this is in place now on the
Bayfront Conservancy Trust where an elected official, the mayor, is on the Board
as a voting member. Anyone of the five Councilmembers serving in that capacity
has the genuine interest to see it successful and perhaps provides a perspective
that would be beneficial in contributing to the potential success which were his
reasons for having the two members added to the list of participants. He still
thinks it was an excellent idea.
Mayor Horton asked if having an actual councilmember playa part on the Board as
a voting member would complicate the structure that has been developed.
Minutes
March 17, 1998
Page 10
Glen Googins, Deputy City Attorney, responded that staff did contemplate having
a City Councilmember on the Board to provide that connection with the City.
Staff elected in the proposal that came before the Council not to propose City
Council involvement. While we are in a grey area with the Brown Act with this
proposal, it is clear that a City appointed Councilmember either voting or non-
voting would complicate the analysis from a Brown Act standpoint that would make
it more likely than not that the Board would be treated as a legislative body for
Public Meeting Act purposes. The intent by staff in structuring the Board as a
non-Brown Act body was to give it some flexibility in its dealings with
potentially proprietary information in discussing policy issues that may relate
to intellectual property issues and other kinds of transactions. It may be
problematic for them to act in an open environment. It is not an unsolvable
problem, and a City Councilmember could be a member of the Board, but more likely
than not it would make it a legislative body. It was staff.s opinion with the
kinds of controls that we described in our formal presentation on the Board with
City Council approval of any changes to the Articles and your approval of the
qualifications of the Boardmembers, and the City Manager designating the initial
Board of Directors, and the Community Development Director or the City Manager
having the authority to designate two ex-officio staff members that we would have
the kind of connection with the City that you would want but without the burden
placed on the City Councilmember. In addition, staff was also concerned about
a potential for a conflict of interest if the 8ECA program was pursuing sources
of money that in theory the City might also be pursuing to fund different
projects. The Councilmember serving on the BECA board might be in a difficult
conflict of interest position.
Mayor Horton stated that the only thing she did not understand was the Brown Act
problems created by having just one member of the Council participate.
Mr. Googins stated there are a couple of little known provisions in the revised
Brown Act which go beyond the rule dealing with private, independent non-profit
organizations. One of which says a private, non-profit can be a legislative body
if its created by a formal act of the City Council, and it is delegated authority
that the City Council would otherwise exercise. We attempted in this case to
have this be more of a staff created organization with the City Council approving
the form of Articles and By laws and qualifications of the Board, but not have
the City Council take a formal action to form it. We viewed the program
potentially as an independent, federally funded program, and therefore, not
technically a typical City Council delegated act of authority. The second
potential Brown Act issue is that a private non-profit can also be a legislative
body if the City Council appoints a Boardmember, and it receives City funds, even
an independent non-profit. While we thought that this organization did not fall
into either of these categories, when you are in a grey area, they were concerned
that city Council involvement would make it less defensible that this was a non-
Brown Act organization.
Mayor Horton asked for clarification purpose, would we still have the connection
via a staff member from Redevelopment.
Chris Salomone, Community Development Director, responded yes. There are 49
incubators in the State and one of their cardinal rules is do not sever your
relationship with the local government. We have kept that connection by your
authority over the By laws, and the staff as ex-officio members; we will be doing
liaison work with them.
Mayor Horton asked what about having a non-voting position.
Mr. Googins replied that from the Brown Act stand point that would better than
having a voting member. We are in such a grey area that he could not give a
specific opinion.
Mayor Horton asked if it was prudent to have staff come back to us with quarterly
reports on the progress of the program. Maybe we can schedule some actual
presentations so all the Councilmembers are kept up-to-date with the progress and
programs, and we can ask questions in a formal setting.
Minutes
March 17, 1998
Page 11
Joe Monaco, Environmental Projects Manager, responded absolutely. That is one
of the reasons that we do have staff members included as ex-officio members on
the Board to maintain that connection.
Councilmember Salas stated she had a different understanding as to what occurred
at the last meeting. She referred to the minutes which reflected that when this
whole conversation evolved and Council was looking at expanding the composition
of the Board. We were offering suggestions; Councilmember Rindone offered the
suggestion of having two citizens at-large on the Board. He did not indicate at
that time that it was a Councilmember. She followed up that discussion saying
that she felt it was very important that a representative of the Chamber serve
on the Board. She felt it was really important to consider to have at least a
Chamber representative on the BECA Board. If you go back to the minutes, there
was a clarification that we didn't necessarily mean a Councilmember. She was not
advocating for a Councilmember to be on the Board, but she was advocating for a
Chamber member and for an at-large citizen that has had the experience developing
a small business be on the Board.
Mayor Horton asked who actually appoints the Chamber and the business
representatives. Would the final ratification brought before Council.
Mr. Googins responded that it was not staff's intent to for the Council to ratify
appointments. What staff had proposed was city Council approval of the
qualifications of the Boardmembers. Council action was to add two members which
could include a member at-large with small business experience and a Chamber
representative. Those were going to be built in as qualifications of the
Directors in the By laws. Then in accordance with the By laws and those
qualifications, the City Manager would appoint the initial Board. Thereafter,
the Board itself would be responsible for filling vacancies that met those
qualifications.
Councilmember Moot suggested that this was an ideal appointment for an ex-
Councilmember who was still active in the community and kept a tie with City
government.
Councilmember Rindone reiterated that when you had indicated dropping the
proposal tonight of specifying the City Councilmember and returning to the status
quo that Mr. Googins description of status quo certainly was the one that he
believed the Council did. Ms. Salas concurred with that which was adding the two
additional members with the one specifically having Chamber experience and the
other representing expertise in small business. That addition would make seven
members and that was what the status quo was.
12. COUNCIL COMMENTS
Councilmember Salas stated she was asked by Michael Meacham, Conservation
Coordinator, to announce the "Keep Chula Vista Beautiful" campaign that was going
to take place on March 21st. They were trying to recruit at least 500 volunteers
to this event to clean up the area from Main Street to Otay Valley Road.
ADJOURNMENT
The meeting adjourned at 8:18 p.m.
Respectfully submitted,
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~~~
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---
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: March 11, 1998
To: The Honorable Mayor and city counci~
From: John M. Kaheny, City Attorney ~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 3/10/98
The City Council met in Closed Session on 3/10/98 to discuss Luna
v. city of Chula Vista; Initiation of litigation pursuant to
Government Code section 54956.9(c) 1 case and labor negotiations.
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: 19k
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276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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ViJ& N&v&l!'J!'(]>
270-A "H" Street, Chula Vista, Ca 91910
(619) 691-9016
March 1, 1998
To: Mr, Jerry RIDdone and City Council Members
1 am seventeen years old and cUITently a junior at Hilltop High School. As a student, I
have a 4.71 grade point average with classes like AP United States History, AP Spanish Language,
AP Biology, and Academic Decathlon. I am involved in ASB as Regent of Finance and
Principal's Round Table. During my lunches, I attend meetings of Swing Club, Humanities Club
(as co-chairperson), and Environmental Society as club president. As an Academic Decathlete, I
am a silver medalist in the field of music, I am also a varsity player of our Academic League
team.
I started my musical training at a very young age and began playing the piano before
entering the first grade, In the third grade I found the violin. I have been playing this instrument
ever since. r also spent some time learning how to play the viola and the cello. When I was in the
sixth grade, I joined the Sweetwater District Orchestra. By my freshman year, I became the
District Orchestra's concertmistress and held the position until I left the group at the end of my
sophomore year, Tn 1995, Ibecam.e a member of the San Diego Youth. Syn¡phony, Mymusical
training was enriched by stimulating experiences under the guidance of Matthew Garbutt, the
principal tuba player of the San Diego Symphony, as well as the direction of Jeff Edtnons, The
youth symphony gave 'fIe a chance to perfOTII! professional level repertoire and !Ul opportunity to
work among talented musicians from allover San Diego County. I had also the opportunity to
work with world renowned musicians such as Gustavo Romero and Eugene Fodor and conductors
like Zavi Malikhien and Raffi Armenian in the University of British Columbia in Canada.
In the summer of 1998, the San Diego Youth Symphony will travel to Austria, Hungary,
the Slovak and Czech Republics, and Poland, We will be participating in some of the most
prestigious festivals, concerts, and exchange conçerts in the world. Our orchestra has been
selected to perfOTII! the Mozart Requiem with an international chorus and soloists from Italy,
England, and the Slovak Republic, These concerts will be featured in the great cathedrals in
Europe such as St. Stephen's in Vienna and the Monastery at Mel'" Tn addition, the yo\lth
symphony will perform at Ruldophinium in Prague, the Franz Lizst Academy in Budapest and
will appear in a special joint concert with the Janacek Academy Orchestra in Bmo,
I am cUlTently involved in playing a quartet from which I am able to save some money for
the trip, Any donation for my European trip will be very much welcomed and appreciated This
trip will give me once in a lifetime experiences that I cannot even imagine not to mention another
window for my musical training,
Thank you very much for your attention and consideration, If there are any questions,
please feel free to contact in the address/phone number above or at the Hilltop High ASB office
#427-4030, r look forward to representing Hilltop High School as well as my community, Chula
Vista, as a musical ambassador.
~~ /Îi\41 (L ~ Very truly yours,
CJ~ ~ 1f~~
WRITTEt~ tf1"f1:';i,~.\ ,':,;5'!' fF_t>,¡"HCA ilONS ~/I-') /qf
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Ell5ElllBLE
February 25,1998
Shirley Horton, Mayor
Chula Vista City Council Members:
John Moot
Steve Padilla
Jerry Rindone
Mary Salas
276 Fourth Avenue
Chula Vista CA 91910
Dear Mayor Horton and City Council Members:
As members of the Hilltop High School Music Tech Ensemble we have come to understand the importance
of community support, and realize that the opportunities that we have been given, and continue to receive,
would never be possible without this support. This year we have been invited to perfonn in Phoenix,
Arizona at the Music Educators National Conference, to an audience of approximately five-thousand
people. We are very happy and excited to report that we have already raised over three-fourths of the
money needed. At this time, we would like to request the city council for a donation, for which, we would
be happy to perfonn at a community event.
We have raised money in various ways in addition to our perfonnances. We recorded and produced another
album this year, entitled Kaleidoscope, featuring such songs as Birdland, Chariots of Fire, Come Rain or
Come Shine, and others. In addition we held a multi-media workshop for younger students, had a yard sale
and sold cookie and pizza dough. Each family is also contributing a set amount We still have another yard
sale, workshop, and our spring concert to help raise money,
We would also like to take this opportunity to infonn the Mayor and council members of the dates of the
spring concert - May 8th & 9th, at 7:00 PM, and to let each of you know there will be two complimentary
VIP tickets available for each of you on either of the nights you choose. More infonnation will be
forwarded in a few weeks, but we would like you to mark your calendars now, in hopes that some of you
might be able to attend one of the perfonnances,
We are very grateful to be in a school district that supports the arts programs so generously, and we are
additionally thankful for the city support in the past Thank you in advance, for your consideration of this
request
Sincerely, (4-)
C~ AAq(
The Hilltop High Music Tech Ensemble Students C í1v) ~J
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Dennis Mauricio, Director WRITTEP'~ ~((~, :.\'\ i'/11, ¡'j \f",X;;ijlP'" A Tln~JS
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Hilltop High School Music T ethnology 555 Claire Avenue Chula VISta, CA 91910 (619) 585-6141
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ORDINANCE NO. )ÎJ- S-
A" ORDINA...'NCE OF THE CITY OF CHULA VJ.5TlisfJ<:'O~
APPROVING AMENDMENTS TO THE SALT CREE~
SECTIONAL PLANNING AREA (SPA) Pg G OF
MODIFICATIONS TO THE PLANNED CO DISTRICT
REGULATIONSREG.ARDINGCERT~ .ARD SETBACK
ENCROACHMENTS
WHEREAS, the area ofland which is the subject matter of this resolution is
ãiagrammaticalJy represented in Exhibit A attached hereto and incorporated herein by this
refer::nce, was formerly known as Salt Creek RBnch (and is now commonly known as Rolling
Hills RBnch) ("Project site"). .
WHEREAS, on Dec=ber 19, 1997 Pacific Bay Homes ("Developer") filed a Sectional
PlBIming Area plan am::ndment application with the Planning Department of the City of Chula
Vista and requested approval of certain sideyard setback encroachments in the SFl, SF2, and
SF3 Single Family land use districts under the Salt Creek RBnch Planned Community District
Regulations ("Project"); and,
WHERE1I.S, staffrecommended that certain additional amendments to the Salt Creek
RBnch Planned Community Deistrict Regulations be included to support and clariiY the
requested amendments, and the applicants were agreeable to said amendments; and,
WHEREAS, the Planning Commission held an advertised public hearing on said project
on February 11, 1998 and voted 7-0 to recommend that the City Council approve the Project;
and,
WHERE}':;, the City Clerk set the time and place for a hearing on said Sectional
, PlBIming Area Plan amendment application and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 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, namely March 10, 1998 at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was
thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does ordain as follows:
SECTION I: That the proposed amendments to the Salt Creek RBnch Sectional Planning Area
Plan Planned Community District Regulations to alJow certain sideyard setback encroachments
in the SF!, SF2, and SF3 land use districts are hereby approved ¥ depicted in Exhibit "A",
attached hereto. CJ or I
SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day
from and after its second reading and adoption.
~~~
Presented by Approved as to form by ~O1.
Q~ ~ fé^-
Robert A. Leiter John Kaheny
Plamring Director City Attorney
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COUNCIL AGENDA STATEMENT
Item 1-7
Meeting Date 3/17/98
ITEM TITLE: Resolution ¡YQ)-3 Approving a Purchase and Sale Agreement
and Joinl Escrow Inslructions with the City of San Diego and Trust for
Public Lands for the acquisition of 36.44 acres within the Otay River
Valley for park purposes (PR-185)
SUBMITI'ED 8Y, D;=~, of Peck,- R~=~OP," S"",o.iJl>.¡f'lJ
Director of Planning ~
REVIEWED BY: City Manageu~ ~ (4/Sths Vote: Yes_NoX)
In 1985, the City of Chula Vista annexed the omm~ty of Montgomery, which was found to
be deficient in adequate park facilities. In 1989, the City of Chula Vista adopted a
comprehensive update of the General Plan which identifies a planned neighborhood park located
north of the Otay River and west of Interstate 805, Council has approved a Capital
Improvement Project (PR-185) for lhe acquisition of park land west of Interstate 805 in the
1997-98 budget. An appropriation of $1 ,01 1,750 from Park Acquisition and Development Funds
was approved; however, only $867,249 will be needed to acquire 36.44 acres within the Olay
Valley. In conjunction with acquisition efforts related to the proposed Otay Valley Regional
Park, the City of San Diego Property Division is working with the City of Chula Vista to
acquire this land. A Purchase and Sale Agreement and Joint Escrow Inslructions with the City
of San Diego and Trust for Public Lands is attached.
The City's Environmental Review Coordinator has determined that the proposed expenditure of
Park Acquisition and Development Funds for the park site and the draft agreement with the City
of San Diego is exempt from environmental review (General Rule Exemption 15061 (b)(3)).
RECOMMENDA nON:
It is recommended that the City Council adopt the attached City Council Resolution authorizing
the Mayor to execute a Purchase and Sale Agreement and Joint Escrow Instructions with the
City of San Diego and Trust for Public Lands for the acquisition of 36.44 acres within the Otay
River Valley for park purposes.
BOARDS/COMMISSIONS RECOMMENDA nON:
7,..1
Page 2, Item ~
Meeting Date 3/17/98
On February 19, 1998 the Parks and Recreation Commission recommended that the City Council
authorize the expenditure of funds for the acquisition of 36.44 acres of land within the Otay
River VaHey for park purposes,
DISCUSSION:
Background
In 1989 the Cities of Chula Vista and San Diego and the County of San Diego, entered into a
Joint Exercise of Powers Agreement (JEPA) for the planning and acquisition of a regional park
within the Otay River VaHey, extending from the Otay Lakes 10 the San Diego Bay. Efforts to
develop a Concept Plan for the Otay VaHey Regional Park have been on-going ever since. The
Policy Committee for the Otay Valley Regional Park, made up of one elected representative of
each jurisdiction, voted in July 1997 to forward the Draft Concepl Plan to the individual
Council's and Board for adoption. It is expected that the Draft Concept Plan will be presented
to the Council in conjunction with the City's Subarea Plan for the Multiple Species Conservation
Program in the Summer of this year. Nevertheless planning for the Otay VaHey Regional Park
continues to proceed.
In 1986, with the annexation of the community of Montgomery, the City inherited an area
significantly deficient in developed park land. Staff is currently drafting a comprehensive Park
Master Plan which will focus not only on policies for new park development in eastern Chula
Vista but also the identification of implementation slrategies to improve and enhance active park
land opportunities within the west. The proposed acquisition is consistent with lhe City's efforts
to increase park facilities in western Chula Vista.
In 1997, the City Council approved a Capitallmprovemenl Program (CIP) project, PR-185 (see
Attachment B) for the acquisition of park land west of Interstate 805. This project identifies an
appropriation of over $1 million and targets reserve funds within the Park Acquisition and
Development Fund. These funds have been collected from subdivision and condominium
development projects within Chula Vista and were targeled by the City Council for the
acquisition of additional park facilities to serve the residents of Chula Vista. Not only is the
proposed park land anticipated to provide service to residents within the adjacent residential
neighborhoods but also the greater Chula Vista community. Surveys conducled in conjunction
with the Draft Park Master Plan show lhat residents in both eastern and western Chula Vista
frequently travel to other areas of the City to enjoy specific features of the parks existing there.
A total of 129.45 acres of park land presently exist in western Chula Vista, This amounts to
a ratio of 1.18 acres per 1,000 residents in weslern Cllula Vista. In contrast, eastern Chula
Vista enjoys a ratio of 3,95 acres per 1,000 residents. As a result, strategies for the acquisition
and development of additional park land in western Cllula Vista have been a high priority and
Î-ð-
Page 3, Item ~
Meeting Date 3/17/98
will be further addressed in the City's Draft Park Master Plan anticipated to be completed by
Summer of this year. The acquisition of the 36.44 acre site would increase the acres per 1,000
residents in western Chula Vista to 1.51 acres,
Proposed Acquisition Site
The 36.44 acre site under consideration for acquisilion is presently located in the City of San
Diego (see Attachment A). However, public access to the site can only be obtained through the
residential neighborhoods of Chula Vista via Rios Avenue and Rancho Rios Avenue. Presently,
law enforcement activities within lhis portion of the river valley frequently require City of Chula
Vista Police Department assistance due 10 accessibilily. As a result, it makes sense that the
proposed park be developed and located within the City of Chula Vista. The City Manager has
had preliminary discussions with the City of San Diego regarding the potential realignment of
jurisdictional boundaries in this area including lhe site in question, In addition, whether the
property is located within the City of San Diego or Chula Vista the proposed park facility is
consistent with the Draft Otay Valley Regional Park (OVRP) Concept Plan which has received
wide support from the Planning Commission's for each jurisdiclion, the City of Chula Vista's
Parks and Recreation Commission and the Citizen Advisory Commiltee for the OVRP. Council
consideration of the OVRP Concept Plan is expected in conjunclion with consideration of the
Multiple Species Conservation Program (MSCP).
Approximately 151/2 acres of the proposed acquisition site are located north of the Otay River
flood plain and are developable for active park facilities with good public access. Approximately
9 acres are located within the river flood plain, and an additional 12 acres are located on upper
elevations south of the river flood plain. The 12 acres south of the river may have future
potential for active park purposes if access issues can be resolved. The additional open space
is consistent with the General Plan policy of providing open space in conjunction with park sites.
The City will be purchasing the properly in an "as is" condition. Although there has been no
formal testing for hazardous materials, staff has walked the site and has noted no obvious clean-
up issues.
Consistency with Plans
General Plan
1,,3
Page 4, Item ~
Meeting Date 3/17/98
The site proposed for acquisilion is consistent with the Parks and Recreation Element policies
and the Land Use Diagram of the Cllula Vista General Plan, each of which identify a planned
park at this location. The Parks and Recreation Element further states" A park is broadly
defined in this element as any public or private land set aside for aesthetic, educational,
recreational, or cultural use." In addition to neighborhood or community parks, "special
purpose parks," which this park could be identified as, ".. ,could be oriented exclusively to
camping, equestrian, nature preserves, cultural or olher activities." Policies within the General
Plan also emphasize the siting of park facilities along the Chula Vista Greenbelt, of which the
Otay River Valley is a major linkage.
Municipal Code
Section 17.10 of the Municipal Code authorizes the collection and expenditure of Park
Acquisition and Development Funds for the purposes of providing park land for the community.
Future master planning for a park at this location will require adequate public access to all
residents of Chula Vista.
Draft Otay Valley Regional Park Concept Plan (OVRP)
The Draft OVRP Concept Plan identifies the acquisition area as a "Recreation" site and also a
"Core" open space linkage. The acquisition of the property is one of the initial steps in
implementing the proposed OVRP.
Other Acquisition Efforts in the Otay Valley
The City of San Diego, acting as an agent for the three jurisdictions planning the (S. D" C. V,
and the County) OVRP, is presently negotiating the acquisition of an additional 197 acres .:t.
from the H.G. Fenton Materials Company located between Interstate 805 and Interstate 5. The
H.G. Fenton Materials Company has offered a total of 408 acres for sale within western Otay
Valley. Funding for this proposed acquisition has been allocated by the State of California
Coastal Conservancy for habitat and park open space within the Otay River Valley. A total of
$3 million has been earmarked for this year's acquisition, consistent with plans for the Multiple
Species Conservation Program (MSCP) preserve planning within the City's of San Diego and
Chula Vista. A total of 147 acres.:t. of the proposed acquisition will be located wilhin the City
of San Diego, and 53.:t. acres in the City of Chula Vista. Opportunities for additional funding
by the State of California largeting for habitat and open space acquisition appear favorable this
year and in subsequent years, thus increasing the potential for implementation of the proposed
OVRP.
In addition to the above $3 million acquisition, the City of San Diego and the City of Chula
Vista are working together in acquiring the 36.44 acres of park land. A Purchase and Sale
Î,-Lf
,
Page 5, Item ~
Meeting Date 3/17/98
Agreement and Joint Escrow Instructions with the City of San Diego and Trust for Public Lands
has been prepared for this acquisition.
FISCAL IMPACT:
A total of $867,249, required for the acquisilion, has been appropriated from the City's Park
Acquisition and Development Fund for the acquisition of 36.44 acres as part of the Capital
Improvement Program Project PR-185. Costs for the development and master planning of the
park land will need to be programmed in the future from this and/or other sources and will be
subject to Council approval. Costs for staff coordination and regional park planning are being
paid for by the City's General Fund.
Until the acquisition site is successfully de-annexed from the City of San Diego and annexed to
the City of Chula Vista, properly taxes will be required to be paid by the City of Chula Vista
through the City's General Fund, These taxes amounted to a total of $2,618.40 in 1997-98.
Attachments:
A, Locator
B, CIPProject#PR-185 NOfSCANNED
(H:ISHAREDIPLANNtNGIPtPIRRIOS,AI])
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CHULA VISTA PLANNING DEPARTMENT
Lë)R Ä~~CI~~T: City of Chula \¡jsta PROJECT DESCRIPTION:
PARK LAND ACQUISITION
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SCALE: I FilE NUMBER, (--~ ATTACHMENT A
NORTH No Scale CIP #PR- 185
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RESOLUTION NO. -.1fq J.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH
THE CITY OF SAN DIEGO AND TRUST FOR PUBLIC
LAND FOR THE ACQUISITION OF 36.44 ACRES OF
PARK LAND LOCATED IN THE OTAY VALLEY
WHEREAS, the cities of San Diego, Chula Vista and the County
of San Diego approved the formation of a Joint Exercise of Powers
Agreement (JEPA) in 1990 for the joint planning and acquisition of
property for the purposes of creating a regional park within the
Otay River Valley, from Otay Lakes to the San Diego Bay; and
WHEREAS, a Draft Concept Plan for the Otay Valley Regional
Park was authorized by the JEPA Policy Committee to proceed for
adoption by the Cities of San Diego, Chula vista and the County of
San Diego; and
WHEREAS, the City of Chula Vista has collected Park
Acquisition and Development Fees in accordance with Section 17.10
of the Municipal Code for the acquisition and development of parks;
and
WHEREAS, the Parks and Recreational Element of the General
Plan defines parks to be any public or private land set aside for
aesthetic, educational, recreational or cultural use; and
WHEREAS, the Parks and Recreational Element of the General
Plan identifies in addition to neighborhood or community parks,
special purpose parks that are oriented exclusively to camping,
equestrian, nature preserves, cultural or other activities; and
WHEREAS, the policies within the General Plan also emphasize
that park facilities be located along the Chula vista Greenbelt, of
which the Otay River Valley is a major linkage and that open space
be provided in conjunction with active park sites; and
WHEREAS, the City Council appropriated funds in 1997 with the
approval of Capital Improvement Fund Project #PR185 for the
acquisition of such park land; and
WHEREAS, the City of Chula Vista proposes to acquire a total
of 36.44 acres ("Park Site") of the Fenton Company property for
park purposes; and
WHEREAS, surveys conducted in conjunction with the Draft Park
Master Plan show that residents in both eastern and western Chula
Vista frequently travel to other areas of the City to enjoy
specific features of the parks existing there; and
7--;!7-r
WHEREAS, the Park site is anticipated to provide service to
residents within the adjacent residential neighborhoods and the
greater Chula vista community; and
WHEREAS, the City of Chula vista proposes to enter into a
Purchase and Sale Agreement and Joint Escrow Instructions with the
City of San Diego and the Trust for Public Lands for the
acquisition of the Park site for the enjoyment of the Chula vista
community; and
WHEREAS, the City's Environmental Review Coordinator has
determined that the proposed expenditure of Park Acquisition and
Development Funds and the Purchase Agreement for the Park site is
exempt from environmental review as General Rule Exemption
15061(b) (3).
NOW, THEREFORE the city Council of the city of Chula vista
does hereby finds, determines and resolves as follows:
1. The acquisition of the Park site is consistent with the
purpose and intent of Chula Vista Municipal Code Chapter 17.10 and
the General Plan for the reasons set forth in the above Recitals,
incorporated herein; and
2. The Purchase and Sale Agreement and Joint Escrow
Instructions, is approved, in substantially the form attached
hereto as Exhibit "B;" and
3. The Mayor is authorized and directed to execute said final
Agreement, in a form approved by the City Attorney, for the
acquisition of the Park Site, located west of Interstate 805 and
within the Otay Valley.
Presented by Approved as to form by
CA-- -rvL~ ~ r-O----
Bob Leiter John M. Kaheny, city Attorney
Director of Planning
7-1
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This is an Agreement dated , 1998, between THE CITY OF SAN DIEGO,
a municipal corporation and THE CITY OF CHULA VISTA, a municipal corporation
(referred to herein collectively as "Buyer") and THE TRUST FOR PUBLIC LAND, a
California nonprofit public benefit corporation ("Seller"),
RECITALS
A. The addresses and telephone numbers of the parties to this Agreement are as
follows. Telephone numbers are included for information only,
SELLER: BUYER:
The Trust for Public Land City of San Diego
116 New Montgomery, 3rd Floor Real Estate Assels Dept.
San Francisco, CA 94105 1200 Third A venue, Suite 1700
Attn: Bob Flewelling San Diego, CA 92101
Senior Project Manager Attn: Michael R, Steffen
Tel: (415) 495-5660 Deputy Dir. of Acquisition Services
FAX: (415) 495-9541 Tel: (619) 236-6725
FAX: (619) 533-4522
City of Chula Vista
Planning Department
276 4th Avenue
Chula Vista, CA 91910
Attn: Duane Bazzel
Tel: (619) 691-5254
FAX: (619) 691-5171
THE PARTIES AGREE AS FOLLOWS:
1. ProDertv. Seller holds an option to acquire that certain real property located in the
Cities of San Diego and Chula Vista and the County of San Diego, California, described in
Exhibit A (the "Property. ') from its current owner H,G. Fenlon Material Company, a
corporation (the "Owner"),
2. Purchase and Sale. Subject to Seller's acquisition of the Properly from the
Owner, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property on
the terms and conditions set forth herein.
I
7 -J 0
3. Effective Date, This Agreement shall be effeclive on the date that it is signed by
all parties ("the Effective Date"),
4. Purchase Price. The "Purchase Price" for the Property shall be Three Million
Eight Hundred Sixty-Two Thousand Two Hundred Forty-Nine Dollars ($3,862,249.00). The
Purchase Price shall be payable in cash on close of escrow.
5. Escrow and Closinl!. Upon the Effective Date, the parties shall open an escrow
with First American Title Insurance Company, 345 California Street, Suite 2400, San
Francisco, CA 94104, Telephone (415) 989-1300, Attn. Susan Omran, to serve as the escrow
holder (the "Escrow Holder"), for the purpose of closing the purchase and sale of the
Property. Escrow shall close on or before March 31, 1998 in accordance with the First
American Title Insurance Company Escrow Instructions in the form of Exhibit B, NOT SCANNED
6. Title. Seller shall convey to the City of San Diego by direcl grant deed of Owner
that portion of the Property described on Exhibit C, subject 10 the title exception numbers as
identified on Exhibit Col. Seller shall c~éý fò<the City of Chula Vista by direct grant deed
of Owner that portion of the Property described on~t:~jb,i\R!, ~\!!?i~l,to the title exception
numbers as set forth on Exhibit 0-1. Seller will dèfiV'er póssession of lhe Property at closing
subject to the rights of persons and entities which have the right to use or occupy the
Property under the aforesaid permitted exceptions, and subject to any transient occupants on
the Property at closing,
7. As-Is Condition. Buyer acknowledges and agrees that Seller does not now, and
will not, prior to closing own and/or use the Property. Seller discloses, and Buyer
acknowledges and agrees that the Property: a) has been, and may currently be used and
occupied by transients; b) has trash, discarded or abandoned personal property (which may
include automobiles, refrigerators, etc,) located thereon; and c) may contain
hazardous substances and materials. Buyer acknowledges and agrees that Buyer has had the
opportunity to make all inspections and verifications which Buyer deems necessary for the
completion of Buyer's due diligence review for the transaction covered by this Agreement.
Seller has made a request to Owner for any information Owner may have pertaining to the
environmental condition of the Property. Any information Seller obtains as a result of
Seller's request will be forwarded to Buyer for Buyer's independent review and
evaluation. Buyer acknowledges and agrees that Seller makes no representations or
warranties as to the physical or legal condition of the Property or in connection with any
matter relating to its condition, value, fitness for any particular purpose, use or zoning.
Further, Buyer acknowledges and agrees that Seller makes no representation or warranty as
to any operative or proposed governmental laws and regulations (including but
not limited to zoning, Subdivision Map Act, environmental and land use laws and
regulations) to which the Property may be subjecl. Buyer acknowledges and agrees that
Buyer has not relied, directly or indirectly, on any statements made by Seller pertaining to
the matters set forth in this Section. Buyer acknowledges and agrees thai Buyer's purchase of
the Property will be on the basis of Buyer's own investigation of lhe physical condition of
2
î---II
the Property, including subsurface conditions, and the operative or proposed governmental
laws and regulations affecling or applicable to the Property. Buyer shall acquire the Property
in an "AS IS, WHERE IS" condition and shall assume the risk that adverse physical
conditions may not have been revealed by Buyer's invesligation.
8. Prorations and Fees. The escrow fee shall be divided and paid equally by Buyer
and Seller. Seller and Buyer shall share equally the cost of a CL T A standard owners title
insurance po1icy. Real property taxes payable by the Seller of the Property shall be prorated
(based on a 30 day month) through Escrow as of the date of the closing, based upon the
latest tax biIJ available.
As a post-closing covenant, (I) Buyer agrees to hold Seller harmless from and indemnify it
against any and all supplemental real property taxes which may be imposed on the Property
which relate to taxes due for any prior after the close of escrow, and (ii) Seller agrees to
hold Buyer harmless from and indemnify it against any and all supplemental real property
taxes which may be imposed on the Properly which relate to taxes due for any period prior
to the close of escrow. Other fees and charges, if any, shall be allocated in accordance wilh
the customary practice of San Diego County.
9. Governine: Law. This Agreement shall be governed by and construed in
accordance with the laws of lhe State of California.
10. Exhibits. All Exhibits referenced in this Agreement are incorporated
herein and are a part of this Agreement.
1 I. ADurovals. Buyer's and Seller's obligations under this Agreement are subject
to the approval, respectively, of the San Diego City Council and the Chula Vista City
Council, which approvals shall be obtained, if at all, on or before March 17, 1998 and the
Executive Committee of Seller's Board of Directors, which approval shall be obtained, if at
all, on or before March 25,1998.
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SIGNATURE PAGE TO
PURCHASE AND SALE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS
IN WITNESS of the foregoing provisions the parties have signed
this Agreement below:
SELLER: BUYER:
THE TRUST FOR PUBLIC LAND, a THE CITY OF SAN DIEGO,
California nonprofit public a municipal corporation
benefit corporation
By: By:
Its: By:
Date: Date:
THE CITY OF CHULA VISTA,
a municipal corporation
By:
Its:
Date:
H: \ home \ attorney\ esc row, doc
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CHULA VISTA PLANNING DEPARTMENT
Lë) ~~~~~'i1T: City of Chula Visfa PROJECT DESCRIPTION:
PARK LAND ACQUISITION
~~~~~1: Not Applicable
SCALE: I FILE NUMBER: I,-IS- EXHIBIT. P\
NORTH No Scale CIP #PR-185
#22:\rios,cdr 2/4/98
02/26/98 03:30 CITY SD REFL ESTRTE ASSETS" 619 585 5512
02/11/" l' e 18 BUS'" DSU NO.059 ¡;¡Ø5
T,I'.L, nST REG IljO09/Dll
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cslI:nrJCA'IJO OF' .uITHCJIU'n' NO. 2?f1IBSUED BY nœ STATS or CAUFOR.N1A DE1'A]l.TMJ£NT OF
JNSUa.UfCl!.
PUaCHASD' 8
.
.
Am)J1.iS8
.......... IIaIt - 01 .18-
"in< -- Title -...- ~
BY,
(--/ P
EXHIBIT C - PROPERTY ACQUIRED BY CITY OF SAN DIEGO
[TO BE INSERTED]
l~ 19
EXHIBIT C-l - EXCEPTIONS TO TITLE (CITY OF SAN DIEGO)
[TO BE INSERTED]
Î --J tJ
EXHIBIT D
LEGAL DESCRIPTION
THE LJUITD REFERRED TO HEREIN IS SITD'ATED IN THE STATE OF CALIFORNIA,
coUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PAR:::EL A:
TliE iŒST HALF OF THE NORTffiŒST QUARTER OF SOU'1'HEAST QUARTER AND THE
NORTHEAST QUARTER OF 'I1ΠNORTHEAST QUARTER OP THE SOUTHWEST QUARTER
OF SECTION 24, TOWNSHIP ~B SOlTI'H, RANGE 2 WEST, SAN 1IERNARPINO BASE
AND MERIDIAN. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNM:ENT SURVEY THER:E:OF.
PARCEL B:
THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 SOtJ'I'H, R1\NGE :2
WEST, SAN BERNARPINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
PARCEL C:
THE SOUTH 50. 00 I"EE'!' OF THE SOlTI'H 1 0 ACRES OF THE SOUTHEAST QUARTER
OF THE NORTHWE:ST QUARTER. OP SECTION :24, TOWNSHIP 18 SOUTH, RANGE
2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO,
COUNTY OF SAN DIEGO, STATE OF CAL1FORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
I~d--l
City of Chula Vista
EXHIBIT D-l
EXCEPTIONS
~. SECOND INSTALLMElO'!, GENERAL AND SPECIAL TAXES FOR TIm F:¡:SCAL
YEAR :u~n - ~e, A LIEN NOT YET DELINQUENT.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY,
lLSSESSEIJ PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF
THE CALIFOR$IA 1ŒVEIVUE AND TAXA'I'J:ON CODE ANI:> ANY O'I'HE:R
APPLICJU!LE STATUTE:S OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX B1LLS. IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORt CLOSE OF ESCROW.
3 - THE: EFFECT, IF ANY, OF :RECORD OF SURVEY MAP NO. 688, WHI CH
SETS FORTH, OR PURPORTS TO SET FORTH, c:E:RTAIN DIMENSIONS AND
BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
4. AN EASEMENT AND RIGHT OF wAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 866 ACCORDING TO MAP 0111 FILE IN THE
OFFICE OF THE COtJNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED MAY 21, 1941 IN BOOK 1180, PAGE 219
AND FEBRUARY 6 ~942 IN BOOK 1299. PAGE 496, BOTH OF OFFICIAL
RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXT£ND
AND MA1:N'TAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMB1\N1QIŒNT
SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED
FOR THE CONSTRUCTION AND MAINTENANCE -rHEREOF.
SAID DOCUMENT FURTHE:R RECITES:
"THE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT 1:NTENTI0N OF
THE GRANTEE IS TO CONSTRUCT AND MAINTAIN A PUBL1:C HIGHWAY ON
THE LANDS HEREBY CONVEYED IN FEE AND THE GRANTOR, FOR HIMSELF,
HIS SUCCESSORS AND ASSIGNS. HEREBY WAIVES ANY CLAIMS FOR AIVY
AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO
THE PROPERTY J.I~REBY CONVEYED BY REASON OF THE LOCATION.
CONSTRUCTION, LANDSCAPING OR ~FI'ENANCE OF SAID HIGHWAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS P~CEL C.
5. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND lIVCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS I \1 FAVOR OF SAN DI£GO GÞ,S AND ELECTRIC
COMPANY BY IJlTSTRtJMENT RECORDED FEBRUARY 2,. J.5I451 IN BOOK 3098,
PAGE 442 OF OFFICIAL RECORDS.
{-;};}- City of Chula Vista
EXCEPTIONS
(page 2)
~ ROUTE OF SAID EASEMENT IS SET om IN SAID DOCUMEN'I' AND
AFFECTS ~ PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR Ft7RTHER PARTICo:t.ARS.
AFFECTS PARCEL C.
6. AN EAS:EMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND !NCIDENT~ PURPOSES TOGETHER WITH THE RIGHT OF
J:lJGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ¡¡;1.ECTRIC
COMPANY BY INSTRUMENT RECORDED MAY 21, ¡954 IN tlOOK 5246, PAGE
52 OF OFFICIAL RECORDS.
THE ROUTE OF SAID ~EMENT IS SET OUT IN S~ID DOCUMENT AND
AFFECTS A PORTION OF TH~ HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS tJNPERSTOOD BY THE
PAR"I'I£S HERETO THAT THE GRANTEE MAY PLACE, ERECT ANtI MAINTAIN
ON THE ~~S OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INS'I'1UlMENT FOR FURTHER PARTIc:'UIARS.
AFFECTS PARCELS A AND.B.
7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDEJ/.GROUND
CONDUITS AND INCIDENTAL PURPOSES TOG~THER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF SAlI1 DIEGO GAS AND ELECTRIC
COMPANY BY INSTRUMENT RECORDED MAY 2:1., ¡954 IN BOOK 5246/ PAGE
S4 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET our IN SAID DOCCM£NT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS DNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PlACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTIc:'UIARS.
AFFECTS PARCEL A.
8. AN EASEI'IENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE
CITY OF SAN DIEGO, A MUNICIPAL CORPORATION, RECORDED APRIL 10,
¡gaS AS FILE NO-, BS-121722 OF OFFICIAL RECORDS.
,<y], City of Chula Vista
EXCEPTIONS
(page 3)
THE ROUTE OF SAID EASEME:l\1T IS SET OUT :IN SAID DOc::tJlWlEln" AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED, PROPERTY -
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PMt:ELS A, AND C.
9. AN 1JNRECORDEP OPTION TO PURCHASE AGREEMENT, DATED .:ruNE 1 7 .
1997, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED
THERE:UI, AS DISCLOSED BY MEMORANDUM.
EXE CU'1'ED 11 Y AND ~ETWEEN, H.G. FElI1TON MATERIAL COMPANY, A
CALIFORNIA CORPORATION ("SELLER") 1\J'JD THE TRUST FOR PUBLIC
LAND, A CALIFORNIA NONPROFIT PUBLIC SENEF!'!" CORPORATION
("BUYER")
RECORDED: JULY 28, ~997 AS F!1.£ NO. 1997-0357012 OF OFFICIAL
RECORDS.
-, - ó-L{ City of Chula Vista
COUNCIL AGENDA STATEMENT
Item ß
Meeting Date 3/17/98
ITEM TITLE: Resolution I Y'1 J. Ý Accepting Real Property consisting of 1.8 acres,
located south of Beyer Way within the Otay Valley
SUBMITTED BY: Direct~ of""", ROC_~ Opo. S"'~ r¡v
Director of Planning ~
REVIEWED BY: City ManagerJ ~ ~ -t (4/5ths Vote: Yes_NoX)
As a result of mitigation requirements for work associated with the construction of La Media
Road, where it crosses the Telegraph Canyon Creek flood channel, McMillin Otay Ranch, Inc.
proposes to acquire from H.G. Fenton Materials Company, Inc. a total of 1.8 acres ofland located
within the Otay River Valley and south of Beyer Way and deed said land to the City of Chula
Vista. This land area is to be retained in its natural state (riparian), per the conditions of permits
issued by State and Federal agencies, and is intended to be a part of the open space portion of the
proposed Otay Valley Regional Park.
The City's Environmental Review Coordinator has determined that acceptance of this property by
the City is exempt from environmental review (Class 25 Exemption).
RECOMMENDATION:
It is recommended that the City Council adopt the attached Draft City Council Resolution
accepting 1.8 acres of habitat land located within the Otay River Valley, south of Beyer Way.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
Background
~-I
Page 2, Item --2..-
Meeting Date 3/17/98
DISCUSSION:
Back~round
Plans for the construction of La Media Road from Telegraph Canyon south into the first villages
ofOtay Ranch were approved by the City in 1997. McMillin Otay Ranch, Inc., as the developer
required to construct this roadway, is required to obtain a California Department of Fish and
Game 1603 Agreement and U.S. Army Corps of Engineers 404 Permit for impacts to wetlands
as a result of constructing the roadway over the Telegraph Canyon Creek flood channel. In
negotiating mitigation requirements with State and Federal agencies, McMillin was required to not
only mitigate adjacent to the construction improvements, but also to acquire a total of 0.3 acres
of wetlands mitigation property offsite. McMillin has negotiated the purchase of 1.8 acres of
property from the H.G. Fenton Material Company to satisfy the requirement (see Attachment A).
Also negotiated with the State and Federal agencies has been the consideration for additional
credits toward wetland mitigation for future impacts, when required. As a result of the purchase
and preservation of an additional 1.5 acres, McMillin will obtain additional wetland mitigation
credit. McMillin was given the option of conveying the property to a non-profit land manager or
conveying the property to the City of Chula Vista.
~
McMillin is now requesting that the City of Chula Vista accept the entire 1.8. acres of land for
inclusion into the Otay Valley Regional Park. Acceptance of the land as open space in perpetuity
is consistent with the open space designation on the City's General Plan Land Use Diagram and
the preserve designation identified in the Multiple Species Conservation Program. The State and
Federal agencies are not placing any restoration requirements on the property, but rather the on-
going maintenance of existing riparian habitat site conditions could be required of the property
owners in the future. The preservation of the property as open space is also consistent with
acquisition efforts by the City of San Diego and the Draft Otay Valley Regional Park Concept
Plan. A draft grant deed has been provided herein (See Attachment B).
Conclusion
Staff has conducted a site opportunities and constraints evaluation and has reviewed the conditions
of the State and Federal agreements/permits and concludes that the preservation of natural open
space at this location is consistent with the City's General Plan and conceptual plans for the Otay
Valley Regional Park. Therefore, staffrecommends that Council accept the land conveyance offer
by McMillin.
<is' -- )-
Page 3, Item ~
Meeting Date 3/17/98
FISCAL IMPACT:
Acceptance of the 1.8 acres into the City of Chula Vista will not carry with it an immediate cost
to the City; however, maintenance activities on the property associated with conservation, regional
park inclusion and as potential MSCP preserve land are expected, but will be negligible.
Attachments:
A. Locator
B. Draft Grant Deed NOT SCANNED
(H:ISHAREDlPLANNINGIPIPIMCMILLlN.All)
&,3
,-
IN STREET
. .
L._.:...J
C HULA VISTA PLANNING DEPARTMENT
C5 ~~~,~k McMillin Olav Ranch, Inc. PROJECT DESCRIPTION:
MCMilLIN CONVEYANCE
~~g~~;1: Not Applicable
SCALE: I FILE NUMBER: 8 ~L/ ATTACHMENT A
NORTH No Scale Not Applicable
h:\shared\pianning\pip\mcmillinecdr 3/6/98
RESOLUTION NO. I~q)y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING REAL PROPERTY CONSISTING
OF 1.8 ACRES, LOCATED SOUTH OF BEYER WAY WITHIN
THE OTAY VALLEY
WHEREAS, McMillin D.A. America Otay Ranch, LLC ("McMillin") is constructing La
Media Road across the Telegraph Canyon Creek flood channel in conjunction with
development plans for Village One and Five of the Otay Ranch; and
WHEREAS, the California Department of Fish and Game ("CDFG") and U.S. Army Corp
of Engineers ("Corp") have entered into a 1603 agreement and a 404 permit for mitigation
requirements for wetland impacts on the Telegraph Canyon Creek flood channel, including the
conservation of 0.3 acres within the Otay Valley, and reserved potential mitigation credits for
the remaining 1.5 acres of riparian habitat land; and
WHEREAS, the City's General Plan Land Use Diagram designates the subject 1.8 acre
parcel as Open Space, as shown on Exhibit "A"; and
WHEREAS, the Draft Otay Valley Regional Park Concept Plan designates the 1.8 acre
parcel as "Core" open space; and
WHEREAS, McMillin would like to provide the City of Chula Vista with fee title,
reserving a conservation easement over the 1.8 acre parcel; and
NOW, THEREFORE the City Council of the City of Chula Vista does hereby accept that
Real Property from H. G. Fenton Material Company consisting of 1.8 acres described and in
the form attached hereto and incorporated herein as Exhibit "B" provided, however, that all
of the following occur first:
A. McMillin shall provide proof to the City's satisfaction that all taxes due on said
property have been paid in full; and
B. The Memorandum of Option Agreement dated June 17, 1997, between Fenton
Material Company and the Trust for Public Land, recorded on July 28, 1997 as
File No. 1997-0357012 of the Official Records of San Diego, is removed and
released from the subject property and the title thereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said Exhibit
"B" upon receiving notice from the City Attorney's office that all of the above conditions have
been satisfied.
Presented by Approved as to form by
~~~
Bob Leiter John Kaheny
Director of Planning City Attorney
(H: \SHA REOIPLAN NI N G IPIPIMCM I LLI N, CCR I
g-ç
!H:tIffi [H(ITftj []]J[TIIJ om
CIJI[]]] Ell[
MAIN STREET
CHULA ISTA
SAN DI GO
GrAY R I V E R
CHULA VISTA PLANNING DEPARTMENT
Lë!) ::~~CI~~~T'. McMillin Olav Ranch, Inc. PROJECT DESCRIPTION:
MCMilLIN CONVEYANCE
::~g~~~l Not Appiicabie
SCALE: I FILE NUMBER: ~-'!., EXHIBIT A
NORTH Na Scale Not Applicabie
h:\shared\plannlng\pip\mcmilli2.cdr 3/6/98
E}~HIBIT "B"
RECOROING REQUESTED By
ANO WHEN RECORD EO MAIL THIS OEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
City of Chula Vista
Attn: Ann Moore
276 Fourth Avenue
Chula Vista, CA 91910
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
The undersigned declares that the documentary transfer tax is $ and is
0 computed on the fuii vaiue of the interest or property conveyed, or is
0 computed on the fuii value less the vaiue of liens or encumbrances remaining thereon at the time of sale.
The land, tenements or realty is iocated in 0 unincorporated area. City of Chula Vista and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, H.G. FENTON
MATERIAL COMPANY, a California corporation ("Grantor"), hereby grants to CITY OF CHULA VISTA, a
municipal corporation ("Grantee"), the following described real property in the City of San Diego,
County of San Diego, State of California:
See Exhibit A attached hereto and incorporated herein by this reference for
description of real property conveyed herein.
This conveyance is subject to the terms, covenants, restrictions and reservations contained in the
Addendum to Grant Deed attached hereto, and to all easements, covenants, conditions, restrictions,
reservations, encumbrances, exceptions and other matters affecting title.
IN WITNESS WHEREOF, this instrument has been executed this - day of ,19 -
H.G. FENTON MATERIAL COMPANY, a California corporation
By:
Its:
By:
Its:
8/1õ/1
MAIL TAX STATEMENTS AS DIRECTED ABOVE
CVDEED3WPD
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , Notary Public, personally
appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their autho-
rized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s). or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me, , Notary Public, personally
appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their autho-
rized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CVDEED3WPD ~,,»
_._-~_.._-
ADDENDUM TO GRANT DEED
THIS ADDENDUM TO GRANT DEED is attached to and made a part of that certain
Grant Deed made by H.G. FENTON MATERIAL COMPANY, a California corporation
("Grantor"). in favor of CITY OF CHULA VISTA, a municipal corporation ("Grantee"),
Grantor hereby reserves from the grant of the property conveyed hereby a
conservation easement in perpetuity over the land described in Exhibit A (the "Subject
Property") for the purposes and to the extent hereinafter set forth (the "Easement").
1. !n1ent. It is the intent of Grantor that this Easement be reserved for the
benefit of (i) State of California Department of Fish and Game ("DF&G") and (ii) United
States Department of the Army, Corps of Engineers ("Corps"). (together, the "Benefitted
Parties") to ensure the continued use and conservation of the Subject Property in its natural
state for open space purposes.
2. AcceDtance. Grantee agrees that by accepting this grant of the Subject
Property, Grantee shall honor the intentions of the Grantor herein and shall preserve the
Subject Property as open space for conservation purposes for the benefit of this generation
and for the generations to come. Grantee will confine the use of the Subject Property to
those activities as are consistent with the terms of this Easement.
3. Additional Restrictions. The uses of the Subject Property will not be
inconsistent with the purposes of this Easement. Without limiting the generality of the
foregoing, the following activities and uses are expressly prohibited:
(a) Erect, place or construct any building or structure on the Subject Land.
(b) Allow livestock to graze or use the Subject Land for agricultural
purposes, excavate or grade, or place any substantial quantities of sand, soil, rock or gravel
on the Subject Land.
(c) Permit the use of fertilizers or herbicides in the Subject Land.
(d) Cause defoliation of any vegetation on the Subject Land, except as
specifically set forth below regarding fire prevention measures.
4. Enforcement. The terms, covenants and conditions herein may be specifically
enforced or enjoined by any of the Benefitted Properties by proceedings in any state or
federal court in the County in which the Subject Property is located. McMillin-D.A. America
Otay Ranch LLC, a Delaware limited liability company ("McMillin") also is hereby granted the
right, but not the obligation, to enforce this Easement, but only if so requested or directed
by the DF&G or the Corps.
5. Fire Protection. This Easement shall not preclude native vegetation removal
or additions required by law including, but not limited to, brush clearing as required by fire
fighting protection agencies.
CVDEED3WPD f/~
.e.._---~-_..
6. Mitioation Credits. Grantor and Grantee acknowledge and agree that
notwithstanding the grant of the Subject Property to Grantee, all credits and similar
mitigation or conservation values heretofore or hereafter arising in connection with the
preservation of the Subject Property for conservation purposes shall inure to the benefit of
McMillin and its designated successors and assigns, including without limitation, any future
credit or value the State of California Department of Fish and Game, the United States
Department of the Army, Corps of Engineers or any other governmental or quasi-
governmental authority or agency may assign to the Subject Property for mitigation
purposes. McMillin acknowledges that the conveyance of the Subject Property to Grantee is
not intended to satisfy any mitigation requirements under the City of Chula Vista Otay
Ranch Resource Management Plan for Spa I.
7. Further Modifications. Grantee agrees that this Easement shall not be
amended or terminated without the prior consent of the Benefitted Parties or their
respective successors or assigns, except that this Easement may be amended without the
consent of McMillin so long as such amendment does not (i) impair, adversely affect, or
result in a failure of a condition under any permit, approval or authorization obtained by
McMillin from the DF&G or the Corps in connection with McMillin's development activities
in the Otay Ranch area, or (ii) impair, adversely affect, or result in a reduction in the
mitigation or conservation credits or values that may be granted or available to McMillin
pursuant to Paragraph 6 above. If either the State of California Department of Fish and
Game or the United States Department of the Army, Corps of Engineers requests additional
reasonable modifications to this Easement consistent with the conservation intent hereof,
Grantee agrees that it shall cooperate in effecting such modifications.
8. General Provisions.
(a) Controllin9 Law. The interpretation and performance of this
Addendum shall be governed by the laws of the State of California.
(b) Severabilitv. If any provision of this Addendum, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of the
provisions of this Addendum, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, as the case may be,
shall not be affected thereby.
(c) Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Subject Property.
(d) No ObliQation. Neither Grantor nor any Benefitted Party shall have any
liability under this Addendum nor any obligation to enforce the terms hereof against
Grantee.
(e) Counteroarts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall
CVDEED3WPD 2 f/ 10
be deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
IN WITNESS WHEREOF Grantor, Grantee and McMillin have executed this
instrument as of ,1998.
GRANTOR
H.G. FENTON MATERIAL COMPANY, a California
corporation
By:
Its:
By:
Its:
GRANTEE
CITY OF CHUlA VISTA, a municipal corporation
By:
Its:
MCMilLIN
MCMllLlN-D.A. AMERICAN OTAY RANCH llC, a
Delaware limited liability company
By: McMillin Otay Ranch, Inc., a California
corporation, Its Managing Member
By: ~~ ~«r~
Its:
By: fffi. ~
Its:
3 8 --II
CVDEED3cWPD
COUNTY OF
appeared
/~- )
'~ personally known ~/
or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that}~w~e/theY executed the same in þ\s/~r/their authorized
capacity(ies), and that by ~/ r/their signature(s) on the instrument the person(s). or the
entity upon behalf of which t e person(s) acted, excec\\ted the in:trument. ! ,
f~..-....- - WITNESS my hand and official seal. ~ \' '
,-------- , L- I
~ ~~ CAROlL30ND 1 ,I k
Z" fy" L1.:,. """,,1, \1'; CC,MM., # 1028626
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z \ \"'~infï,1 ", Notary PUbliC, - Colifornia Z
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CVDEED3WPD
EXHIBIT A
Legal Descriotion
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 32 RODS EAST OF THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 23; THENCE NORTH TO THE SOUTHERLY
BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 7274 AS SHOWN BY SAID RECORD
OF SURVEY MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON MAY 19, 1970 AS FILE NO. 86629 OF OFFICIAL RECORDS; THENCE SOUTH
89'40'05" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, 127 FEET; THENCE SOUTH
TO THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 23; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, 127
FEET TO THE POINT OF BEGINNING.
CVDEED3WPD ~ //3
,..__....,,----,-,-
ACCEPTANCE
This is to certify that the interest in real property conveyed
herein to the City of Chula Vista, a governmental agency, is hereby
accepted by Beverly A. Authelet, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution
No. ------ of the Chula vista city Council adopted on March 17,
1998, and the grantee consents to the recordation thereof by its
duly authorized officer.
Dated: March , 1998 By
Beverly A. Authelet,
City Clerk
Y-Ic(
COUNCIL AGENDA STATEMENT
Itemî
Meeting Date 3/17/98
ITEM TITLE: Resolution / f1;, ~ Appropriating Funds for Emergency Slope Protection
Measures at 289/291 Greenwood Place
SUBMITTED BY: 0;=,", of P"bli, WOC~
REVIEWED BY: City Manager~~ ~..-? (4/Sths Vote: Yes....-X.....No_)
On July 30, 1997, Engineering staff issued a grading permit for the creation of two new
residential dwelling pads at 289/291 Greenwood Place (Grading Permit NO. PG553). Work on
this project came to a halt after the natural slope had been partially graded, leaving the site in an
unstable condition and threatening down slope properties. Since October, 1997, staff has
attempted to have the property owners, and/or the bonding company to either complete the work
permitted under PG553 or take actions to correct the potential unstable conditions created as a
result of the unfmished grading, inadequate erosion protection and excessive storm run off at the
site.
These efforts to have the permittee take the appropriate corrective action were unsuccessful and,
due to the threat of heavy rains, staff was forced to take 8teps to correct the situation on an
emergency basis in order to protect down slope property. There are insufficient funds in the
deposit for the grading permit to cover the cost of the corrective measures. A complaint against
the bonding company and the permittee for wrongful withholding of funds on the Letter of Credit
and for the costs of abating the problem on the property will be filed by the office of the City
Attorney.
RECOMMENDATION: That the City Council appropriate $20,000 from the unappropriated
balance of the General Fund Reserves to 100-1423-5202 to cover the cost of emergency slope
protection measures at 289/291 Greenwood Place.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A grading permit for the creation of two dwelling pads at 289/291 Greenwood Place was issued
by Engineering staff on July 30, 1997 (See location map). The work to be done under this permit
was bonded via a $125,128.50 Letter of Credit issued by Federal Home Loans Corporation
(FHLC). The work came to an abrupt stop in October, 1997 due to a conflict between the
retaining wall subcontractor and the grading contractor. The site was left in an unstable condition
as soil imported to the site was left in stock piles without proper compaction and/or erosion
control measures. The condition of the site threatened downslope properties and staff received
q/
Page 2, Item-
Meeting Date 3/17/98
several calls from those property owners. Efforts on our part have been unsuccessful in getting
the permittee and/or bonding company to correct the situation.
Due to the heavy rains we have experienced, and may continue to experience, we contacted our
contract geotechnical consultant, Kleinfelder, Inc. to obtain corrective recommendations to
implement on an emergency basis as storm/erosion protection mea8ures. Kleinfelder, Inc.,
provided its recommendations to us (at a cost of $4,000). On February 24, 1998, we received
two bids for the emergency implementation work. The low bid was from T.C. Construction in
the amount of $6,950. Due to the emergency situation at the site, interim erosion control
measures were completed on March 2, 1998. In addition, it was necessary to obtain a title report
to make sure all affected persons with an interest were notified. The cost of the title report was
$500. Staff time in the amount of $1,500 (as of February 12, 1998) has yet to be reimbursed by
the permittee. Staff costs have been incurred since that date and should also be reimbursed.
All private parties involved with the grading permit PG533 were officially notified of our intent
to carry out the emergency measures recommended by our consultant.
The out-of-pocket expenditures to date total $II,450 ($6,950 for T.C. Construction, $4,000 for
Kleinfelder and $500 for the title report) and represent costs incurred to implement interim
preventive measures only. No effort has yet been made to correct the situation on a permanent
basis. Kleinfelder has estimated the cost of their services to prepare a [mal corrective plan at
about $8,000. Staffs recommendation is to direct Kleinfelder to prepare the [mal corrective plan,
bid the work and construct the necessary improvements. Since it is unknown how long it will take
to receive the funds via the court, how long the 80il on the slope will stay stabilized, and how
much additional rain we will receive, we recommend taking action now to prevent a serious slope
failure which would threaten downslope properties. Funds in the amount of $20,000 need to be
appropriated from the General Fund reserves in order to pay for the expenses incurred to date,
to fund the cost of preparing a final plan, and for bidding the work. If funds have not been
received from the permittee prior to award of a contract, staff will be seeking an additional
appropriation at the time of award.
The City Attorney's Office will be filing a complaint against FHLC and the property
owners/permittee for wrongful withholding of funds on the Letter of Credit, for the costs incurred
by the City, and for the costs of permanently abating the nuisance on the property. Assuming
a favorable resolution, the City will be reimbursed for all costs incurred.
FISCAL IMPACT: The cost incurred for implementing interim emergency measures is $II,450.
Approximately $8,000 is needed for preparation of a final corrective plan. It is unknown at this
time what the permanent corrective action could cost. Staff will be seeking an additional
appropriation upon award of a contract, if the matter has not been resolved in the courts. These
costs will be reimbursed to the General Fund (plus interest) once the complaint against FHLC and
the permittee/property owners is favorably resolved. All staff time costs will also be reimbursed.
H: \HOMEIENGINEER\AGENDA \GREENWOO.RS
Exhibit A: Location Map. q -'d-
EXHIBIT A
o~J.-
~-t~
.s'l?ð
N
LOCATOR MAP i
2B9 / 2q I GREENWOOD PL.
P&- 553
" NO SCALE
RESOLUTION NO. I H}. \"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR EMERGENCY
SLOPE PROTECTION MEASURES AT 289/291 GREENWOOD
PLACE
WHEREAS, on July 30, 1997, Engineering staff issued a
grading permit for the creation of two new residential dwelling
pads at 289/291 Greenwood Place (Grading Permit NO. PG553); and
WHEREAS, work on this project came to a halt after the
natural slope had been partially graded, leaving the site in an
unstable condition and threatening down slope properties; and
WHEREAS, since October, 1997, staff has attempted to have
the property owners, and/or the bonding company to either complete
the work permitted under PG553 or take actions to correct the
potential unstable conditions created as a result of the unfinished
grading, inadequate erosion protection and excessive storm run off
at the site; and
WHEREAS, these efforts to have the permittee take the
appropriate corrective action were unsuccessful and, due to the
threat of heavy rains, staff was forced to take steps to correct
the situation on an emergency basis in order to protect down slope
property; and
WHEREAS, there are insufficient funds in the deposit for
the grading permit to cover the cost of the corrective measures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby appropriate $20,000 from the
unappropriated balance of the General Fund Reserves to 100-1423-
5202 to cover the cost of emergency slope protection measures at
289/291 Greenwood Place.
Presented by Approved as to form by
John P. Lippitt, Director of rney
Public Works
c: Irslgreenwoo.$
q /cf
COUNCIL AGENDA STATEMENT
Item .l.l..-.
Meeting Date 03/17/98
ITEM TITLE: Council Resolution I H JIo Supporting Assembly Bill 68, Sales
and Use Tax Exemption for Animal Shelters on Pet Adoptions
Council Resolution IN r 1 Supporting Assembly Bill 1685,
District Boundaries
Council Resolution I t1 J-.ð" Supporting HR 2757, Cable
Service Rate Moratorium
Council Resolution /f9.J--<1 Supporting HR 3258 calling for an
extension of FCC's regulation of expanded-level cable service by
'.peal,09 ", ,"'"'0' '"0"" date~",h. 1999.
SUBMITTED BY: Legislative committee~, /1 5ths Vote: Yes- No_XJ
Attached for your review are four proposals which are not covered by the City's 1998
Legislative Program and which, therefore, require Council action.
RECOMMENDATION:
That the Council adopt resolutions supporting AB 68, AB 1685, HR 2757 and HR 3258.
DISCUSSION:
AB 68 (Brown) Sales & Use Tax Exemptions: animal shelters: Would create an
exemption from sales and use taxes on the adoption of pets from government-owned
¡operated animal shelters and nonprofit animal welfare organizations. This bill would
also exempt charges made by the government shelter or nonprofit organization for
services in connection with spaying, neutering or vaccinating pets. The staff of the
City's animal shelter support this proposal as it would reduce the time and
administrative costs associated with collecting, tracking and reporting sales tax from the
City's pet adoption program.
AB 1685 (Hertzbera) Local Elections: districts Would require county boards of
supervisors and general law cities to conform their district boundaries to the boundaries
of existing communities of interest. This action should protect Chula Vista from any
future county redistricting which might divide the community among multiple
supervisorial districts. The proposal also, then, sets precedent and provides strong
rationale for requesting the State to follow the same process in drawing their Assembly
and Senate district lines. This is in keeping with past Council direction.
(1---1
page 2, Item-
Meeting Date March 17 1998
HR 2757 (DeFazio) Cable Rate Moratorium Act Would impose a moratorium on
increases in the rates charged for basic cable services and expanded cable
programming services above the rate in effect for such service on 10/1/97. This
moratorium would remain in effect until otherwise provided by an act of Congress and
not before submission of a report investigating the extent and cause of increases in
rates for these services between 10/1/92 and 10/1/97. That report would be required
to be submitted to Congress within 6 months of the enactment of this legislation.
Chula Vista rate payers, like those across the nation, have experienced cable rate
increases which are higher than the national rate of inflation. Additional increases in
this City are pending the FCC's decision on Cox cable's appeal of Chula Vista's denial
of a 1996 basic rate request. Furthermore, although Cox did not increase basic rates
in February 1998, a proposed increase in their maximum permitted rate is still pending.
HR 2757 would protect Chula Vista residents from additional, unwarranted increases
in service rates for the short term and would also provide the FCC with an opportunity
to more closely examine the cable service industry and its pricing structures. Cable
companies may argue that this proposal unfairly penalizes companies which have not
passed along the full "maximum permitted rates" allowed under existing federal
regulations. Cox Cable is among those companies which have not charged the
maximum allowable. While the author may wish to consider amendments to deal with
such fairness arguments, staff would tend to give greater weight to the larger fairness
issue to be addressed in the six month report.
HR 3258 (Markey) Repeal of Sunset Date: FCC reaulation of cable pricina would
extend the FCC's current regulatory role over the expanded level of cable rates. As
part of the Telecommunications Act of 1996, this role was slated to sunset in March
1999. It was believed that increased competition among cable service providers and
telephone companies entering the field would eliminate the need for federal regulation
of consumer prices.
That competition has not yet materialized and, as noted above, prices for cable
services continue to rise dramatically. Congressman Markey's legislation would repeal
the 1999 sunset date and allow FCC regulation to continue until a new date is set by
Congress.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
1/"}--
.;
page 3, Item-
Meeting Date March 17 1998
FISCAL IMPACT:
AB 68: A minor revenue increase of approximately $500 per year. Sales tax is
included within the City's $5 pet adoption fee. The City retains $4.64 per adoption and
sends .34 per adoption to the State. Between 1,200 and 1,500 pets are adopted out
of the City's shelter each year. This results in the State receiving, at most, $540lyear
in Animal Shelter sales tax revenue (1,500 x .34). The City, subsequently, receives 1 %
of this amount: $5.40 each year. Should AB 68 become law, the City would retain the
$540 currently being sent to the State, as well as be relieved of the administrative costs
associated with the current sales tax requirements.
AB 1685: Undetermined. The recommendation to support is based on past Council
direction to protect Chula Vista's community representation by its elected officials at all
levels of government.
HR 2757: Undetermined. The recommendation to support is based on prior Council
discussion regarding cable rates generally.
HR 3258 Undetermined. The staff recommendation to support is based upon prior
Council discussion on cable rates generally.
ATTACHMENTS:
1. AB 68 analysis and text I'~
2. AB 1685 analysis and text
3. HR 2757 analysis and text tfJ
4. Union-Tribune editorial ~
4. HR 3258 analysis and text
5. Excerpt from Telecommunic~ns Act of 1996
C:\...\ccm\a113\ab68etaI.113
II ~3
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
March 4. 1998
I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED
AB 16B5 Hertzberg Local Elections: districts 1/16/9B I -
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE NONE No; Council Action Required
STATUS: Pending in Assembly Elections, Reapportionment and Constitutional Amendments Committee
BACKGROUND: Current law requires county boards of supervisors (among others) to adjust the boundaries
of their districts following each decennial federal census so that the populations of these
districts shall be as nearly equal in population as possible. The most recent redistricting
(following the 1990 census) left Chula Vista unaffected in terms of supervisorial
representation, though the City is now split between 2 State Assembly Districts (77th and
79th) and is no longer central to the 40th Senatorial District.
Council referral no. 2940 (12/06/94) requested that the Legislative leadership be notified that
the State's redistricting had created a diminished "community" representation in Sacramento
and had also resulted in both the Assembly and Senatorial field offices being moved from
Chula Vista's Legislative Building. It further requested that this situation be rectified with
the next redistricting which will follow the 2000 census. Such a letter has not been
forwarded to the Legislature due to the tremendous turn-over and upheaval within the
leadership in Sacramento over the past two years. With the coming 1998 elections and the
installation of a new Governor, Speaker of the Assembly and Senate pro Tempore, the
requested letter will have an opportunity to be placed before those individuals in a position
to affect the desired outcome and return Chula Vista to one Assembly district and a more
centralized role in the 40th Senatorial district.
AB 1685 would: Require county boards of supervisors and general law cities to conform the district
boundaries to the boundaries of existing communities of interest. This action should protect
Chula Vista from any future county redistricting which might divide this community among
multiple supervisorial districts. The proposal also, then, sets precedent and provides strong
rationale for requesting the State to follow the same process in drawing their Assembly and
Senate district lines.
FISCAL IMPACT: Undetermined. The recommendation to support is based on past Council direction to protect
Chula Vista's community representation by its elected officials at all levels of government.
DATE TO COUNCIL RECOMMENDATION LETTERS
March 17, 1998 SUPPORT YES
C,\wp51\ANAL VSES\ab1685.ana
11--1
AB1685 http://www.sen.ca.govlhtbinlca-html...00.AB1685]CURRVER.TXT; 1lbilVAB 1685
.
AS 1685 Local elections: districts.
BILL NUMBER: AB 1685 INTRODUCED 01/16/98
INTRODUCED BY Assembly Member Hertzberg
JANUARY 16, 1998
An act to amend Sections 21500 and 21601 of the Elections Code, relating to local elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1685, as introduced, Hertzberg. Local elections: districts.
Existing law requires county boards of supervisors and the councils of specified general law
cities following each decennial federal census, and using that census as a basis, to adjust the
boundaries of the supervisorial and council districts so that the districts shall be as nearly
equal in population as may be. In establishing the boundaries of the districts, the board or
council may give consideration to the topography, geography, and cohesiveness, contiguity,
integrity, and compactness of territory, and community of interests of the districts.
This bill would re,guire the board or council to conform the boundaries, to the extent possible,
to the boundaries of existing communities of interest.
The California Constitution requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions establish procedures for making
that reimbursement.
This bill would provide that the Legislature finds there is no mandate contained in the bill that
will result in costs incurred by a local agency or school district for a new program or higher
level of service which require reimbursement pursuant to these constitutional and statutory
provIsions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
SECTION 1. Section 21500 of the Elections Code is amended to read:
21500. Following each decennial federal census, and using that census as a basis, the board
shall adjust the boundaries of any or all of the supervisorial districts of the county so that the
districts shall be as nearly equal in population as may be and shall comply with the applicable
provisions of Section 1973 of Title 42 of the United States Code, as amended. In establishing
the boundaries of the districts the board shall conform the boundaries, to the extent possible,
to the boundaries of existing communities of interest. In addition, the board may give
consideration to the following factors: (a) topography, (b) geography, and (c) cohesiveness,
contiguity, integrity, and compactness of territory, "'. à (à) ee....~ni I;~ ef il'll;eEeel;e of the
districts.
SEC. 2. Section 21601 of the Elections Code is amended to read:
11/(
1012 02110/9815:02:09
AB1685 http://www.sen.ca,govlhtbinlca-html...00.AB1685]CURRVER.TXT ¡ 1lbilVAB 1685
21601. Following each decennial federal census, and using that census as a basis, the
council shall, by ordinance or resolution, adjust the boundaries of any or all of the council
districts of the city so that the districts shall be as nearly equal in population as may be and
shall comply with the applicable provisions of Section 1973 of Title 42 of the United States
Code, as amended. In establishing the boundaries of the districts the council shall conform
the boundaries, to the extent possible, to the boundaries of existing communities of interest. In
addition, the council may give consideration to the following factors: (a) topography, (b)
geography, and (c) cohesiveness, contiguity, integrity, and compactness of territory, ""à (à)
ean.."mi E} at in"""""",, of the districts.
SEC. 3. Pursuant to Section 17579 of the Government Code, the Legislature finds that there
is no mandate contained in this act that will result in costs incurred by a local agency or
school district for a new program or higher level of service which require reimbursement
pursuant to Section 6 of Article XI liB of the California Constitution and Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the
provisions of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
" Senate Home PaQe . Search Bill Text
Senate Rules Committee / California State Senate / WebMaster@sen.ca.gov
II/"q
2 of2 02110/9815:02:17
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
March 5, 1998
BILL AUTHOR TITLE INTRODUCED AMENDED
HR 2757 DeFazio Cable Rate Moratorium Act 10/29/97 -
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE HR 3528 NO; Council Action Required
STATUS: Pending in House Subcommittee on Telecommunications, Trade and Consumer Protection
BACKGROUND: Under current law, the rates charged for "basic" cable television and "expanded" cable
programming services are regulated by the Federal Communications Còmmission (FCC).
Cable service providers are allowed to increase the rates charged for "basic" and "expanded"
cable service according to a prescribed formula which is based on actual channel and
programming costs.
In February 1997, Chula Vista rate payers of Cox Cable experienced an increase in their
"basic" cable service from $7.74 per month to $9.74 per month. This rate increase has
resulted in the City receiving 12 written and telephoned complaints. Additional increases are
possible pending the FCC's decision on Cox's appeal of the City's denial of another (1996)
"basic" rate request. Furthermore, although Cox did not increase "basic" rates in February
1998, a proposed increase in their maximum permitted rates is still pending.
In 1997 alone, cable rates nation-wide rose by 6.9 percent. This is significantly higher than
the 1.7 percent increase in the CPI for the same period. A Union-Tribune editorial from
January of this year indicates that this has been a trend over the past several years, with
cable rates rising at four times the inflation rate. HR 2757 has been introduced to carefully
review and analyze this situation.
HR 2757 would: Impose a moratorium on increases in the rates charged for "basic" cable service or
"expanded" cable programming services above the rate in effect for such service on 10/1/97.
This moratorium would remain in effect until otherwise provided by an Act of Congress and
not before submission of a report investigating the extent and cause of increases in the rates
for these services between 10/1/92 and 10/1/97. That report would be required to be
submitted to Congress within 6 months of the enactment of this legislation.
Successful passage of this legislation would protect Chula Vista residents from additional,
unwarranted increases in service rates for the short term and would also provide the FCC
with an opportunity to more closely examine the cable service industry and its pricing
structures.
FISCAL IMPACT: Undetermined. The recommendation to support is based on prior Council discussion
regarding Cable rates generally.
DATE TO COUNCIL RECOMMENDATION LETTERS
March 17, 1998 SUPPORT YES
C:lwp51\ANAL VSESlhr2757.ana
IklO
..
105TII CONGRESS H.R.2757
1ST SESSION '1'0 impose a moratorium on increases in the rates charged for cable television
service, to require the }'ederal Conununications COirunission to conduct
an inquiry into the causes of such increases and the impediments to
competition, and for other purposes.
IN rl'HE HOUSE OJ<' REPRESENrl'A'l'IVES
OCTUBEH 29, 1997
:VIr. DE}'AZIU (for himself and :\-1r. llIxCIIEY) introduced the following- bill;
which was referred to the Committee on Commerce
A BILL
To impose a moratorium on increases in the rates charged
for cable television service, to require the }<'ederal Com-
munications Commission to conduct an inquiry into the
causes of such increases and the impediments to competi-
tion, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives ofthæ United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 rl'his Act may be cited as the "Cable Rate .Morato-
5 rium Act".
11/1
-
2
1 SEC. 2. MORATORIUM REQUIRED.
2 Within 10 days after the date of enactment of this
3 Act, thc ~'cdcral Communications Commission shall by
4 ordcr prohibit any cablc opcrator from imposing or collcct-
5 ing any increase in thc ratcs for basic cable service or for
6 cablc programming services above the rate that is in effect
7 for such scrvicc on October 1, 1997. Such order shall re-
8 main in effect until otherwise providcd by Act of Congress
9 enacted after thc date of submission of the report required
10 by section 3(b).
11 SEC. 3. INQUIRY AND REPORT.
12 (a) I~QuIRY REQUIRED.-Within 30 days after the
13 date of enactment of this Act, thc ~'ederal Communica-
14 tions Commission shall commence an inquiry on the na-
15 tionwide cxtcnt of and causes for incrcascs in the rates
16 for basic cable service and for cable programming services
17 during the period from October 1, 1992, to October 1,
18 1997. Such study shall seck to identify the extent to which
19 competition has succeeded or failcd in rcstraining such
20 rates, and the c.'Ctent to which competition may bc ex-
21 tended by Commission action.
22 (b) REPORT REQUIRED.-Within 6 months after the
23 datc of enactment of this Act, the ~'cdcral Communica-
24 tions Commission shall submit to the Congress a report
25 on the rcsults of thc inquiry required by subsection (a).
26 Thc report shall include-
.HR 2757 m 11/1 ð-
3
1 (1) a description of the nationwide extent of
2 and causes for increases in the rates for basic cable
3 service and for cable programming services during
4 the period from October 1, 1992 to October 1, 1997.
5 (2) an assessment of the extent to which eom-
6 petition has succeeded or failed in restraining such
7 rates;
8 (3) an identification of the measures that the
9 Commission can and will take, pursuant to its exist-
10 ing statutory authority, to increase such competition
11 and to prevent and eliminate unjust or unreasonable
12 rates for basic cable service and for cable program-
13 . .
mmg serVICes;
14 (4) proposed legislative changes that the Com-
15 mission determines arc required to enable the Com-
16 mission to prevent and eliminate unjust or unreason-
17 able rates for basic cable service and for cable pro-
18 gramming services; and
19 (5) such other fmdings and recommendations
20 as the Commission considers appropriate.
21 SEC. 4. DEFINITIONS.
22 rrhe terms used in this Act have the meanings pro-
23 vided in sections 602 and 623 of the Communications Act
24 of1934 (47 D.S.C. 522, 543).
0
.RR 2757 m tfr--/3
vir IÞ~/7r
Cable needs competition
Powerjullobbies restrict consumer choices
A "',.i,ioo com.omi., 1o, the contrary by cable companies. Tele.
Cox Communications shows communications legislation, passed by
a simulated government Congress with much fanfare and fine
hearing in which a senator words about competitiveness, has been
grills an executive from a a flop in spurring competition. Predic-
satellite TV company. tions of an explosion of new television
The executive sweats as the senator service providers were wrong. Phone
bores in, demanding to know whether companies were supposed to get into
or not viewers who have only satellite video, and cable companies into phone
dishes can get local broadcast channels. service. But that never happened.
"I don't have to answer that," the The reason, McCain said in an IUter-
nervous executive says. The message is view with the Union-Tribune editorial
that, if you only have a satellite dish, board, is that omnibus telecommunica-
you can't get local channels. tions bills are so confusing that no one
It's true. But the real question to be can understand them, including the law-
answered is, why is that the case? makers who pass them. The only people
According to Sen. John McCain, R- who really understand them are lobby-
Ariz., who chairs the Senate Commerce ists from cable companies and other
Committee, the reason satellite TV special interests who wait in Capitol
doesn't carry local channels is because hallways to explain technical language
there's a federal law against it. And the to befuddled aides.
reason there's a federal law against it, We'll never have lower cable televi.
he says, is because cable companies, sion rates until we have real cornpeti-
which are very powerful, pushed for it tion. And if we ever do, inflated rates
and got it. will drop dramatically. Currently, cable
So if that were a real satellite TV companies aren't concerned about ris-
executive on the Cox Communications ing rates because they know t hey'r~
commercial, he'd say that he would like virtually the only game in town.
to carry local channels, but cable com- Congress and the Federal Con.mum,
panies have thwarted that competition. cations Commission must strip "way
Since local cable rates surpassed $30 roadblocks to competitIon, such ¡,s the
a month last year for a decent basic ban on satellite TV carrying local chan-
package of channels, viewers have real- nels. Instead of overstuffèd omnibu,
ly started to squawk. And who can bills that promise much and do litlle, we
blame them? need specific legislation aimed only at
Consumer prices rose only 1.7 per- opening up competition in tel~\'ision
cent in 1997. But cable TV rates went service.
up 6.9 percent. That has been the trend As cable rates soar, the clamor from
in recent years, with cable rates rising the public eventually will drown out the
at four times the inflation rate. high-paid lobbyists from cable compa-
The solution, of course, is real com- nies. And then lawmakers and regula.
petition. Today, however, there is very tors in Washington finally may be forced
little competition, despite arguments to to take meaningful action.
/I r I~
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
March 5. 1998
I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED
HR 3258 Markey Cable Consumer Protection 2/25/98 I --
Act of 1998
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE HR 2757 No; Council Action Required
STATUS: Pending in House Committee on Commerce
BACKGROUND: The Cable Act of 1992 and the Telecommunications Act of 1996 were omnibus pieces of
legislation which dealt with (among other things) consumer price protection regulation. The
Federal Communications Commission (FCC) regulates the rates charged for cable television
and cable programming services.
Under current law, cable service providers are allowed to increase the rates charged for
"expanded" level programming service according to a prescribed formula which is based on
actual channel and programming costs. These increases may only be implemented following
a written filing with the FCC and the local legislative agency. Once implemented, should the
local agency disagree with the company's application of the above-mentioned formula and,
should they receive at least 2 complaints about the imposed increase, the local agency may
send a formal complaint to the FCC. Believing that competitive market forces would develop
within three years of the passage of the 1996 legislation, Congress included language in the
Telecommunications Act which specifies that the FCC's regulatory control over consumer
pricing-- including the formula-based criteria and the ability of local agencies to file
complaints per those formulas-- will sunset in March, 1999.
Chula Vista rate payers, like those across the nation, have experienced cable rate increases
which are higher than the national rate of inflation. In 1997 alone, cable rates nationally rose
by 6.9 percent. The CPI for the same period reflects an increase of 1.7 percent.
HR 3258 would: Repeal the March 1999 sunset date of FCC-regulated consumer price protection. The author
believes that there is little likelihood that effective competition will materialize to provide
price competition by the March date. Absent that competition, the author believes that
regulatory protections remain necessary.
FISCAL IMPACT: Undetermined. The recommendation to support (contingent upon careful review of the
legislative text) is based on past Council discussion of cable rates generally.
DATE TO COUNCIL RECOMMENDATION LETTERS
March 17, 1998 SUPPORT YES
C:lwp51\ANAL VSESlhr3258.ana
,--
(1/ I~
I
105TII CONGRESS H.R.3258
2D SESSION '1'0 eliminate the }larch 1999 sunset of conSlUner price protections on cable
programming" services.
IN '1'HE HOUSE 01;' REPRESENTATIVES
}>'EBIfCAHY 25, 1998
Ylr. )L\IUl."EY (for himself, Ylr. SIUYS, Ylr. BOT.TIlEH, )lr. BEIŒl:TEH, )lr.
YIOIù\X of Virginia, }Ir. YIClll:UII, :VIs. SLAl:UIITEH, )lr. YIILLEH of Cali-
fornia, )Ir. WEYUA),"]), Ylr. DE}>'AZIO, Ylr. l'ETEHSOX of YliImesota, Ylr.
PIù\XK of Ylassachusetts, )lr. BHOWX of California, )1r. GEJDEXSOX,
Ylr. Gl:TlEHHEZ, )lr. LIPIXSKI, :Vir. KE.\!, of )lassachusetts, )1r. LA-
}>'ALCE, :Vir. 'l'lEHXEY, )lrs. :VbLOXEY of Kew York, )lr. :VlcDEIUlIOTT,
)lr. YATES, and )lr. Con"E) introduced the following' bill; which was re-
ferred to the Committee on Commerce
A BILL
'1'0 eliminate the :Vlareh 1999 sunset of consumer price
protections on cable programming services.
I Be it enacted by the Senate and H01tSe of Representa-
2 tit'es of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 'rhis Act may be cited as the "Cable Consumer Pro-
5 teetionAet of 1998".
/(/ ~
2
1 SEC. 2. EXTENSION OF CONSUMER PRICE PROTECTIONS.
2 Section 623(c) of thc Communications Act of 1934
3 (47 D.S.C. 543(e)) is amended by striking paragraph (4).
0
eRR 3258 IH 1/,-/1
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING ASSEMBLY BILL 68, SALES
AND USE TAX EXEMPTION FOR ANIMAL SHELTERS ON
PET ADOPTIONS
WHEREAS, Assembly Bill 68 (Brown) would create an
exemption from sales and use taxes on the adoption of pets from
government-owned/operated shelters and nonprofit animal welfare
organizations; and
WHEREAS, the bill would also exempt charges made by the
government shelter or nonprofit organization for services in
connection with spaying, neutering or vaccinating pets; and
WHEREAS, the staff of the city's animal shelter support
this proposal as it would reduce the time and administrative costs
associated with collecting, tracking and reporting sales tax from
the City's pet adoption program.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby support Assembly Bill 68, Sales and
Use Tax Exemption for Animal Shelters on Pet Adoptions.
Presented by Approved as to form by
Shirley Horton, Mayor
/ /- -'I) / - I ~ fA.-
RESOLUTION No.~7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING ASSEMBLY BILL 1685,
DISTRICT BOUNDARIES
WHEREAS, Assembly Bill 1685 (Hertzberg) would require
county boards of supervisors and general law cities to conform
their district boundaries to the boundaries of existing communities
of interest; and
WHEREAS, this action should protect Chula vista from any
future county redistricting which might divide the community among
multiple supervisorial districts; and
WHEREAS, the proposal also, then, sets precedent and
provides strong rationale for requesting the State to follow the
same process in drawing their Assembly and Senate district lines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby support Assembly Bill 1685,
District Boundaries.
Presented by Approved as to form by
Shirley Horton, Mayor
II ~/q h
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING HR 2757, CABLE SERVICE
RATE MORATORIUM
WHEREAS, HR 2757 (DeFazio) would impose a moratorium on
increases in the rates charged for basic cable services and
expanded cable programming services above the rate in effect for
such service on 10/1/97; and
WHEREAS, the moratorium would remain in effect until
otherwise provided by an act of Congress and not before submission
of a report investigating the extent and cause of increases in
rates for these services between 10/1/92 and 10/1/97; and
WHEREAS, said report would be required to be submitted to
Congress within 6 months of the enactment of the legislation; and
WHEREAS, HR 2757 would protect Chula Vista residents from
additional, unwarranted increases in service rates for the short
term and would also provide the FCC with an opportunity to more
closely examine the cable service industry and its pricing
structures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby support HR 2757, Cable Service Rate
Moratorium.
Presented by Approved as to form by
Shirley Horton, Mayor ey
It ~/1 C-
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING HR 3258 CALLING FOR AN
EXTENSION OF FCC'S REGULATION OF EXPANDED-
LEVEL CABLE SERVICE BY REPEALING ITS CURRENT
SUNSET DATE OF MARCH, 1999
WHEREAS, HR 3258 (Markey) would extend the FCC's current
regulatory role over the expanded level of cable rates; and
WHEREAS, as part of the Telecommunications Act of 1996,
this role was slated to sunset in March, 1999; and
WHEREAS, it was believed that increased competition among
cable service providers and telephone companies entering the field
would eliminate the need for federal regulation of consumer prices;
and
WHEREAS, that competition has not yet materialized and,
as noted above, prices for cable services continue to rise
dramatically; and
WHEREAS, Congressman Markey's legislation would repeal
the 1999 sunset date and allow FCC regulation to continue until a
new date is set by Congress.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby support HR 3258 calling for an
extension of FCC's regulation of expanded-level cable service by
repealing its current sunset date of March, 1999.
Presented by Approved as to form by
A~
Shirley Horton, Mayor Jo AtrrneY.
",-,-,j
C:\rs\support.AB
I { ,,¡qcL
"
/ .k:::::.",..:~.'
<e,
.! . ...,-.~j
March 12, 1998
TO: ~e H=orable Mey~ end Ciq counCi~~
FROM: John D. Goss, City Manager ~ ~ -?
SUBJECT: city council Meeting of March 17, 1998
This will transmit the agenda and related materials for the regular
city council meeting of Tuesday, March 17, 1998. Comments
regarding the Written communications are as follows:
5a. This is a letter from the City Attorney stating that to the
best of his knowledge frO'RI observance of actions taken in
Closed Session on 3/10/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a letter from Vida Navarro, a junior at Hilltop High
School, requesting a donation toward her trip to Europe with
the San Diego Youth Symphony. Under Council Policy 159-02,
Council has approved the expenditure of funds for various
Chula vista students to attend such functions in exchange for
a presentation to a City youth group. IT IS RECOMMENDED THAT
$50 FROM THE COUNCIL CONTINGENCY ACCOUNT BE GRANTED TO VIDA
NAVARRO TOWARD EXPENSES. INCURRED FOR HER PARTICIPATION IN
EUROPE WITH THE SAN DIEGO YOUTH SYMPHONY.
5c. This is a letter from Dennis MauriciO', Director of Music at
Hilltop High School, requesting a donatiO'n toward their trip
to Phoenix for the Music Educators National Conference. This
requests meets the criteria established under Council Policy
159-02, and CO'uncil has in the past approved similar requests
for funding in exchange for a performance at a City event.
The Hilltop High Music Tech Ensemble last received approval
for a $250 donation in February, 1997. IT IS RECOMMENDED THAT
$250 OF THE COUNCIL CONTINGENCY ACCOUNT BE GRANTED TO THE
HILLTOP HIGH MUSIC TECH ENSEMBLE IN EXCHANGE FOR THEIR
PERFORMANCE AT A CITY EVENT DURING THIS CALENDAR YEAR.
5c. IT IS RECOMMENDED THAT GEORGIA LANGHORST'S RESIGNATION FROM
THE UNITED NATIONS COMMITTEE BE ACCEPTED WITH REGRET AND THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.