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Home My WebLink AboutAgenda Packet 1996/05/28 Tuesday, May 28, 1996 5:30 p.m. "I declare ~nder penalty of perjury that 1 am em !o eo' loci the City of Chula Vista in the ::8 ..'"i,,;O C¡ ty Cler:.. and that I posted '. .s "·..·1 ,.¡Ho·'¡·c·c on the Bulletin Board at ~ . ". I,;; .1.'. 1._ w .... UI.eU')I~C fr~r,q Building a d C1y H DX, C, ~ ;1. k S!Gf'JED Rel!\llar Meetin2 of the City of Chula Vista City Council " Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: May 14, 1996 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Brandon Tuck - Youth Commission; Teresa Thomas - Resource Conservation Commission; Michelle Castagnola - Child Care Commission; and Daniel Wood - International Friendship Commission. b. Proclaiming May 29 and May 30,1996 as "Buddy Poppy Days." Jack Carlton, Commander of the VFW and Shirley Sadulski, President of the Auxiliary will be accepting the proclamation. c. Interviewing and hiring of legal counsel. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to repon any.fi!HJ1 actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened poT1ion of the meeting. However, final actions reponed will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through /2) 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 n available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) 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 Attnrney stating that in Closed Session on 5/21/96 Council discussed a potential case of litigation, the name of which is being withheld under the authority of Government Code Section 54956.9.1, and MSUC (Horton/ Alevy) to appropriate $25,000 for additional investigation fees in connection with Personnel cases. The Council also discussed the proposed sale of property regarding Marina View Park. Except for the foregoing, there was no other observed reportable action taken by the Council in Closed Session. It is recommended that the lettet be received and filed. Agenda 6. 7. 8. -2- May 28, 1996 b. Letter requesting assistance in easing the traffic flow on East "J" Street by Halecrest Elementary School - Vera M. Madison, Principal, Halecrest Elementary School. It is recommended that this item be referred to staff and the Safety Commission for further review. c. Letter of resignation from the Youth Commission - Stephen Noble. 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. d. Letter of resignation from the Growth Management Oversight Commission - Glenn E. Goerke. 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. ORDINANCE 2675 AMENDING THE LAND USE DISTRICT MAP ESTABLISHED BY THE RANCHO DEL REY SECTIONAL PLANNING AREA I PLAN BY 1) CREATING ONE LAND USE DISTRICT FROM TWO EXISTING LAND USE DISTRICTS BY COMBINING SAID TWO DISTRICTS, 2) REDESIGNATING APPROXIMATELY 27.15 ACRES OF LAND INTO THE NEWLY CREATED LAND USE DISTRICT, 3) DELETING TWO EXISTING LAND USE DISTRICTS, AND 4) MOD1FYING THE PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED LAND USES APPLICABLE THERETO FOR THE NEWLY CREATED LAND USE DISTRICT (second readißl! and adoDtion) Applicant is requesting that the parcels currently designated under the Rancho del Rey Sectional Planning Area 1 Plan as Employment Park lA and Employment Park lB (EP-IA and EP-lB) be combined into a new district called, Employment Park. This would entail creating the new land use district and deleting the two old districts and defining the permitted, conditionally permitted, and prohibited land uses applicable thereto. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) ORDINANCE 2676 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE - DECREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 40 M.P.H. ON PASEO RANCHERO FROM EAST "U" STREET TO TELEGRAPH CANYON ROAD (second readiD!! and adoDtion) - The City Engineer has determined that in the interest of minimizing traffic hazards and ttaffic congestion, and for the promotion of public safety, the speed limit on Paseo Ranchero between East 'R' Street and Telegraph Canyon Road be decreased from a prima facie 55 mph to establish a 40 mph speed zone, and install an all- way stop at Paseo Ranchero and East 'J' Street due to limited sight distance available. Staff tecommends Council place the ordinance on second reading and adoption. (Director of Public Works) ORDINANCE 2677 AMENDING SECTION 10.48.020 OF THE MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 35 M.P.H. ON EAST "J" STREET FROM RIVER ASH DRIVE TO PASEO RANCHERO (second readißl! and adoDtion) Based on the provisions of the Safety Commission Policy, whenever the Safety Commission and the City Engineer differ on the recommendation of a traffic related issue, both parties have the right to appeal the matter to the Council for final resolution. The report is the City Engineer's appeal to overrule the recommendation of the Safety Commission to install an all-way stop Agenda -3- May 28, 1996 lit this intersection. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Wotks) 9. RESOLUTION 18303 APPROVING A PURCHASE AGREEMENT WITH ATS COMPUTERS, INC. TO PROVIDE DESKTOP COMPUTERS, PRINTERS AND PERIPHERALS ON AN "AS-NEEDED" BASIS THROUGH OCTOBER31, 1996, WITH AN OPTION TO RENEW THE AGREEMENT FOR AN ADDITIONAL EIGHT (8) MONTH PERIOD THROUGH JUNE 30, 1997 - Standard specifications for desktop computers, printers, and peripherals have been developed and bid out on the open market. The intent of the bid process was to commit to a single supplier over a period of time for favorable terms and pricing. Staff recommends approval of the resolution. (Director of Finance) 10. RESOLUTION 18315 GRANTING THE 1996 RICHARD WELSH MEMORIAL AWARD TO THE OLYMPIC TRA1N1NG CENTER LOCATED AT 1750 WUESTE ROAD - On 9/20/88, Council created the Richard Welsh Memorial Award in memory of Mt. Richatd Welsh, a long-time resident of the city, an architect, an educatOt and a former member of the Design Review Committee. The award is intended to recognize both superior architectural design and characteristics exemplifying the beautification of Chula Vista. The Beautification Awards Committee had nominated the Olympic Training Facility to receive the awatd. Staff recommends approval of the resolution. (Director of Planning) 11. RESOLUTION 18316 ACCEPTING BIDS AND AWARDING CONTRACT FOR "THE CONSTRUCTION OF MEDIAN ISLANDS ON COUNTRY CLUB DRIVE IN THE CITY (TF-222) - On 5/1196, sealed bids were received. Funds for the construction of the project wete included in the fiscal year 1995/96 Capital Improvement Program budget. The work to be done includes the installation of stamped concrete medians, pedestrian ramps, sidewalks, and traffic control. Staff recommends approval of the resolution. (Director of Public Works) 12.A. REPORT COMPLETION OF DESIGN PLANS FOR THE INSTALLATION OF CURB, GUTTER, AND SIDEWALK IMPROVEMENTS ALONG THE EAST SIDE OF FOURTH A VENUE BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE A VENUE - During the FY 1995/96 Capital Improvement Program budget process, Council approved funding for the installation of improvements along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue. Where gtatis dedication was granted, the city would install said improvements at no cost to the property owners. Where gratis dedication was denied, the city would install asphalt berm and sidewalk within the existing right-of-way. Staff recommends Council accept the report and approve the resolution. (Directot of Public Works) B. RESOLUTION 18317 ACCEPTING RIGHT-OF-WAY AND DIRECTING STAFF TO COMPLETE DESIGN PLANS FOR THE INSTALLATION OF CURB, GUTTER, AND SIDEWALK IMPROVEMENTS ALONG THE EAST SIDE OF FOURTH AVENUE BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE A VENUE * * END OF CONSENT CALENDAR * * Agenda -4- May 28, 1996 ...... This item was set for time certain at 6:00 p.m. 13. RESOLUTION 18318 APPROVING THE CONSOLIDATED PLAN FOR FISCAL YEAR 1996/97 INCLUDING BOTH THE FY 1996/97 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE FY 1996/97 CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - On 5/7/96, Council received public comment on the draft Consolidated Plan for FY 1996/97 and reviewed all project and programs being considered fOt CDBG and HOME funding. The 30-day comment period to review the draft Consolidated Plan began on 4/18/96 and ended 5/17/96. All public comments received have been considered and, if deemed appropriate, integrated into the final version of the Consolidated Plan. Staff tecommends approval of the resolution. (Director of Community Development) ...... PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been adveT1ised and/or posted as public hearings as required by low. 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. (Complete the green form to speak in favor of the staff recommendation,. complete the pink fOml to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 14. PUBLIC HEARING A. ORDINANCE 2674 PCM 95-01; CONSIDERATION OF APPROVING THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN INCLUDING THE PLANNED COMMUNITY DISTRICT REGULATIONS, OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN, NON-RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN, AND GEOTECHNICAL REPORT - The first Otay Ranch SPA Plan governs Villages One and Five. SPA One covets 1,061.2 acres generally located south of Telegraph Canyon Road between Paseo Ranchero and the future SR-I25 alignment. The Otay Ranch SPA One application is the first SP Alspecific plan submitted to implement the Otay Ranch GDP/SRP jointly approved by the City and County on 10128/93. Staff recommends Council place the ordinance on fitst reading and approve the resolution. (Special Planning Projects Manager, Otay Ranch Project) Continued from the meeting of 05/14/%. APPROVING THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (PCM 95-OlB) (first readiß2:) Agenda -5- May 28, 1996 B. RESOLUTION 18286 RECERTIFYING THE SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FElR 95-01) AND ADDENDUM FOR THE OTAY RANCH SECTION PLANNING AREA (SPA) ONE PLAN AND APPROVING AND IMPOSING CONDITIONS ON THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN (PCM 95-01), WInCH INCLUDES THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN,REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON-RENEW ABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN, AND THE GEOTECHNICAL RECONNAISSANCE REPORT 15. PUBLIC HEARING MUNICIPAL CODE AMENDMENT PCA-96-05; CONSIDERATION OF MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 15.04.060 AND 15.04.145 (EXCAVATION, GRADING AND FILLS) - CITY INITIATED - In December 1994, the Council updated the city Landscape Manual. Certain minor procedural amendments to the Municipal Code are needed in otdet to reflect consistency with the updated Manual. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 5/14/96. AMENDING SECTIONS 15.04.060 AND 15.04.145 OF THE MUNICIPAL CODE RELATING TO THE REVISED LANDSCAPE MANUAL AND APPROVAL OF LANDSCAPE PLANS ORDINANCE 2678 ORAL COMMUNICATIONS This is an opponunity for the general public to address the City Council on any subject matter within the Council'sjurisdiction that is!J!l1 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 yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your lime is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the lime 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 substantiol 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 avaiioble in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 16.A. REPORT DENIAL OF REQUEST BY ELITE RACING FOR A DONATION OF $12,300 FOR A BICYCLING EVENT "TOUR DE SOUTH COUNTY" ON JULY 14, 1996 - Elite Racing has submitted a written request for a donation of Agenda -6- May 28, 1996 $12,000 (plus in-kind staff support services) fot the 7/14/96 event. Staff recommends the request be denied and the resolution not be approved. (Directot of Parks and Recteation and Budget Manager) B. RESOLUTION 18320 AUTHORIZlNG THE APPROPRIATION OF $12,000 FOR A DONATION TO ELITE RAClNG FOR THE "TOUR DE SOUTH COUNTY" - 4/5th's vote required. 17. REPORT MULTIPLE SPECmS CONSERVATION PROGRAM (MSCP) - OTAY RANCH UNIVERSITY SITE - ON 5/21/96, Council provided direction to staff regarding draft ·Subarea Plans· for Chula Vista to be analyzed in the final draft Environmental Impact ReportlStatement for the MSCP. The Council deferred action regarding delineation of the Otay Ranch University Site, pending further discussion with the wildlife agencies. Staff recommends Council accept the report. (Director of Planning) Continued from the meeting of 5/21/96. ITEMS PULLED FROM THE CONSENT CALENDAR This is the lime the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 18. CITY MANAGER'S REPORT(s) a. Scheduling of meetings. 19. MAYOR'S REPORT(s) a. Ratification of appointment: Chester S. DeVore and Jean A. Rogers - Board of Ethics. b. Authorization to hire legal counsel. c. Public employee performance and conduct, consideration of discipline or discharge - City Attorney. 20. COUNCIL COMMENTS Councilmember Moot a. Survey of county trash rates. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on June 4, 1996 at 4:00 p.m. in the City Council Chambers. A special joint Redevelopment Agency/City Council meeting will convene immediately following the City Council meeting at 5:30 p.m. Agenda -7- May 28, 1996 CLOSED SESSION Unless the City Anorney, the City Manager or the City Council states otherwise at this lime, the Council will discuss and deUÞeroJe on the foUowing items of business which are permitted by law to be the subject of a closed session discussion, and which the CouncU 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 repons of JkHJJ action taken in closed session, and the votes taken. However, due to the typical length of lime taken up by closed sessions, the videotaping wUl be terminated at this point in order to save cosJs so that the Council's return from closed session, repons of JkHJJ action taken, and a4joumment will not be videotaped. NeveT1heless, the repon of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Tiger Development TwolBaldwin - motion for relief from stay. . Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. APPOINTMENT OF LEGAL COUNSEL - Pursuant to Government Code Section 54957. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Give Instructions to Negotiators pursuant to Government Code Section 54956.8 . Proposed sale of property: 2.71 acre portion of Marina View Patk, located at south side of J Street, west of Bay Boulevard, Chula Vista, CA 91910. Negotiating Party: John D. Goss/Chris Salomone on behalf of the City of Chula Vista Redevelopment Agency and Larry Killeen, Executive Director, San Diego Unified Port District. Under Negotiation: Price and Terms. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John 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 (lAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ~I~ -.- "'~...o;;:..,¡: - - -- - CI1Y OF CHULA VISTA MF,MORANnUM May 23, 1996 TO: City Council FROM: Mayor Shirley Horton SUBJECT: Special Legal Counsel As we discussed, I contacted the three law firms identified by Mr. Levy at our last meeting, as well as an additional firm which he recommended subsequent to the Council meeting. The following firms were contacted: * Whitmore, Johnson and Bolanos: To be represented by Ms: Cynthia O'Neal, Senior Partner. * Liebert, CassidJl and ~~erson: To be represented by Ms. Melanie Poturica, the managing partner. J.-; /0 .' /y .-(ù- {'~/" , ',,- * Best, Best and Krieger: To be represented by Mr. Arlene Prater, partner. * Gray, Carey, Ware and Freidenrich: To be represented by Mr. Rod Betts, partner. Enclosed for your information are background packets on each of the firms as well as a sample of the letter sent to each firm requesting their attendance at tonights meeting. If:c. -I ~ May 28, 1996 TO: The Honorable City Council SUBJECT: Presentations by Legal Firms FROM: Shirley Horton, Mayor In connection with Item 4 on tonight's agenda, please be advised that one of the attorneys scheduled to make a presentation, Rod Betts, has withdrawn from this process. In order to ensure that Council has appropriate options to consider regarding this pending matter, I have also invited the firms of Kemp & Pratt and Foley Lardner Weissburg and Aronson to participate this evening. SH:mab *~ MAY-24-1996 13:35 619 2328316 P.01 Admen KEMP & PRATT ATTtI"'NE'r'$ A't lAw 5~0 WaST 'CO STRSaT SUITE 1470 SAN DIEGO. CALIFORNIA 92101-3545 ,( ·,1; ~~ d TEL.CI"'MONIP; (619) 23Z.2931 '.e.'"ILIE (619) 232.8316 FACSIMILE COVER SHEBT DATB: May 24, 1996 TIME: /: J-ð¡;./'l(. . PAX .: 691-5171 TO, The Honorable ~hiley Horton FROM: H. Wesley Pratt, Esq. DOc:tJMEln'S ATTACHED: Letter dated May 23, 1996 DOcmŒNTS :IN RE, MESSAGE I REQUESTED ACTION, [ X ] For your information [ ] Per your request [ ] Pl.ase review and call sender to discuss [ ] Message: Original doc~ents [ ] will not be sent [X] will be sent by [X] U. s. Hail [ ] Overnight Hail [ ] Me.senger TOTAL # PAGES (including Cover sheet): ~ PLEASE CALL: Nannette AT (619) 232-2931 :IF DOcmŒNTS ARE :INCOMPLETE OR ILLEGIBLE. PLEASE NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGEÞ AND CoNFIDENTIAL INFDIUIA TION INTENDED ONLY FOR THE USED OF THE NAMED RECIPIENT. IF YOU .RE NOT THE N.\MED RECIPIENT, YOU .IIE "EREBY NOTIFIED THAT .NY COPYING, DISSEMlN.\ TlON OR DISTRIBUTION OF THIS COMMUNICA nON IS STRICTLY PROHllllTED. IF YOU HAVE RECEIVED T"IS COMMUNI~TION IN ERRoR, PLEASE IMMEDIATElY NOTIFY US By TELePIIONE AT THE NUMBER USTEo .!IOVE. COLLECT C.LLS WI~ liE ACCEPTED. PLEASI!: RETUIIN THE ORlGIN.\L MESSAGE TO THE .BOItE ADDRESS .ND WE WILL IIEIMIIURSE POSTAGE. THANK YOU. [ ] Return to Atty [ ) File C:\WPWINIOIFORMSICORRESPlFAXS"EET.FM1 fe -3 FAXED: (lnitilll$) MRY-24-1996 13:36 619 2328316 P.02 Tra.CPl-fONE (6 9) 232.293 I KEMP & PRATT ATTO"~E'r$ A~ LAW 550 WBST "C' STREBT SUITS 1'70 SAN DIEGo, CALJPORNrA 92101-35'5 "~C;'INI\.E (619) 232.8J6 May 23, 1996 OUR f'"1t.t: NO. The Honorable Shirley Horton Mayor " City of Chula Vista 276 Fourth Avenue Chula Vista, California 92910 Dear Mayor Horton: We have been advised that the City of Chula Vista may have need for legal services of the type our firm offers. Kemp & Pratt is a civil firm specializing in public entity representation, business, corporate, commercial and real estate transactions, civil Jitigation and governmental relations. The attorneys in the firm have served as general corporate counsel to a wide variety of public non-profit enûties. The scope of services provided to these clients encompasses legal advice, guidance and representation on all business and Corporate matters related to the operation of the entity, including but not limited to; advice and counsel to the officers, employees and directors on Corporate procedures and policies, non-profit corporate law, and public entity law. including individual director and board duties and responsibilities pursuant to the Ralph M. Brown Act, the Public Records Act, and the Fair Political Practices Act; advice and guidance on general business and operations issues to ensure corporate compliance with all applicable agreements, laws and regulations; negotiation, preparation and review of contracts and related documents; advice and counseling on employee relations and employment issues; intergovernmental relaûons and representation in public meetings and before public bodies, including attending all Board meetings and performing duties of a similar nature as may be required; and representation in legal disputes and litigation as required. We currently serve as General Counsel to Centre City Development Corporation, San Diego Regional Technology Alliance, Inc. and the San Diego Convention Center Corporation, all of which are public entity corporations linked to the City of San Diego. AdditionalJy, in 1993 we represented the City of Chula Vista in a public fmancing matter. L/c -ý MRY-24-1996 13:36 619 2328316 P.03 The Honorable Shirley Horton May 23, 1996 Page 2 We believe our experienced, resourceful, and cost effective representation can be a valuable asset to the City of Chula Vista and we would welcome the OPportunity to meet with you to discuss the City's legal representation needs. I look forward to hearing from you. Sincerely, KEMP &. PRATT µ .W~~· H. Wesley Pratt HWP/df C:IWPWlN60IAOMINIHORTON.L TR ~ fc-~ .tic - ~ MAY-24-1996 13:36 1/c -¿ 619 2328316 P.Ø4 KEMP & PRATT ATTORNEYS .,-~ BUSINESS CORPORATE COMMERCIAL LmGATlON PUBUC LAW PUBLIC FINANCE REAL ESTAië: GOVERNMENTAL RELATIONS 550 W Nt "C" St_t Suilc 1470 S." DieO, C&üfumia 92101 (619) 232.2931. F.~ùnJe(619)232-8316 MRY-24-1996 13:37 619 2328316 P.0S Kemp & Pratt provides a diverse range of legal setVÌces to business, government and individual clients in transactions, litigation, and public finance. The finn's office is equipped with state of the art technology and the resources required to ensure thorough research, analysis and successful resolution of virtually all client matters. The finn often participates in co-counsel and joint venture arrangements with other law firms to broaden the expertise available to clients. Members of the finn work closely and effectively with outside and in-house counsel, and management team members for numerous clients. Business, Corporate and Commercial The firm serves as outside general corporate counsel, provides advice on organizing all types of business entities (including non-profit organizations), guides clients through acquisitions, buyouts, mergers and reorganization of businesses, and provides ongoing advice and representation to business clients in a wide variety of transactions and operational matters. Commercial matters include structuring and documenting flIlancings and commercial loan transactions. The firm represents employers in work-place matters including: employment contract negotiations, development of personnel policies. procedures and benefits packages, and employee termination. Our attorneys work closely with management and advise clients on avoiding potential problems in this important area ofbusiness. Litigation The trial attorneys at Kemp & Pratt have represented clients in litigation ranging trom the most routine landlord-tenant matters, to complex multi-party high stakes contests. Attorneys in the finn have tried matters before state and federal judges and jwies, and have argued appellate matters before the State and Federal Courts of Appeal, and the California Supreme Court. The collective expertise of the firm's litigators provides clients with the most aggressive, well-reasoned presentation of a matter, regardless of the issues or the tribunal. Yc-7 MRY-24-1995 13:37 619 2328315 P.06 Kemp &; Pratt Page 3. Public Law/Governmental Relations The finn's attQrneys have been intimately involved in governmental regulation and procedures in most local municipalities and on the state and federal levels. Clients are provided the insight and access necessary to conduct business with public entities and successfully negotiate matters through regulatory bodies. Kemp &: Pratt represents municipalities in a variety of areas, including general corporate, bond, and special outside counsel matters. Public Finance The finn's founding partners were formerly associated with a Red Book £inn and served as co-bond counsel and underwriter's counsel on financings exceeding $1.0 billion. Kemp &: Pratt has joint venture relationships with several wen known firms that speciali~e in the area and provide the tax expertise required for public fmancings. Real Estate Kemp &: Pratt's real estate attorneys represent clients in all aspects of real estate, land use, development and construction law. Real estate litigation expertise includes judicial foreclosures and commercial and residential unlawful detainers. Transactional representation assists clients in structuring development entities, negotiating and documenting property acquisition and agreements for development and redevelopment projects, and drafting and negotiating commercial and residential leases. The fum represents public agencies and developers in the redevelopment arena, and in land use hearings before all types of administrative and legislative bodies. Kemp &: Pratt also represents clients in litigation arising out of real estate transactions and construction, including actions for breach of contract. non-disclosure, and title disputes. L/ê ~~ MRY-24-1996 13:38 619 2328316 P.0'( Kemp & Pratt Page 4. Members of the Firm: Beatrice W; Kemp, is the managing partner of the firm. She is a former Deputy Attorney General with the State of California, and has specialized in corporate. business. commercial and real estate transactions, and litigation since 1981. Her experience includes representation of clients in a wide range of complex real property transfers and business transactions. She has handled litigation involving contracts, real estate, and business matters. Her real estate background includes representing clients in all aspects of development and redevelopment projects, including sales, leasing and land use issues, and real estate loan documentation and closing. Ms. Kemp's courtroom experience includes jury and non-jury 1rials and argwnents before the Supreme Court. She serves as general corporate counsel to several public and private corporations. She is a lecturer for the State Bar of California continuing education program and a past professor of contract law. She is a member and past Chair of the San Diego Stadium Authority, and a fonner member of the Board of Directors of the San Diego Convention Center Corporation, the County Board of Planning and Zoning Appeals, and the Regional Criminal Justice Planning Board. A 1971 graduate of DePauw University, Ms. Kemp received her J.D. in 1976 trom Western State University College of Law and was admitted to practice in 1976. She is listed in Who's Who in American Law and has an A V rating by Martindale Hubbell. H. Wesley Prall, partner, graduated with honors &om Drury College in Springfield, Missouri and holds a Bachelor of Arts Degree in History and Political Science. Mr. Pratt is a member of the California Bar and received his Juris Doctorate from the University of San Diego School of Law in 1979. A former member of the San Diego City Council, Mr. Pratt created San Diego's Housing Trust Fund, small business incubator program, the Small Business Revolving Loan Fund, and the $300 million Clean Water Equal Opportunity Program. As a councilmember, Mr. Pratt participated in a wide array of public fmancing projects totaling in excess of $200 million dollars. J/c - 9 M~Y-24-1996 13:38 619 2328316 P.08 Kemp & Pratt Page 5. Mr. Pratt represents business and corporate clients in facilitating the development of public-private business partnerships, and developing business opportunities in the public sector. His areas of emphasis include public law, public flnunce, governmental relatíons, and employment law. He serves on the boards of the UCSD Medical Center Advisory Board, and chairs the Urban Corps or San Diego. Terrie E. Wahon is an associate specializing in litigation. A former deputy public defender, Ms. Walton has extensive trial experience, She handles a wide range of litigation matters and has distinguished herself as a talented litigator. She received a Bachelor of Science in Business Administration in 1987 and a Juris Doctorate in 1991 from Arizona State University. During law school, she served as a Legislative Intern, performing research and writing legislation for the Arizona House of Representatives. In 1992, Ms. Walton was admitted to the bar in California and Arizona. She serves on the Board of DÌTectors of the Earl B. Gilliam Bar Association, is a member of the Califonúa State Bar Human Rights Committee, and is actively involved in community activities. ¿jC-IO / Lf-c -/~ Kemp & Pratt Page 6. REPRESENTATIVE CLIENTS: Centre City Development Corporation City ofChula Vista Federal Deposit Insurance Corporation (FDIC) Grigsby, Bransford Kercheval Engineers Local Initiatives Support Corporation (LISC) McDonald's Corporation Morgan Stanley City of Oceanside Resolution Trust Corporation (RTC) City of San Diego San Diego Convention Center Corporation San Diego County Water Authority San Diego Gas & Electric San Diego Regional Technology Alliance San Diego Urban League, Inc. C:\WPkZN60\ADMIN\LHORTON.COl lIL ~ II TOT~ P.Ø9 SENT BY:WEISSBURG & ARONSON 5-26-00 ;12: 36I'M f'UI'&A SAN DIEGO-< 6185655612:# 1/11 FOLEY LARDNER WEISSBURG 1& ARONSON AnOANlVSATLAW 402 wEST IIIOADWAY. a3IID FlDOll SoUl DIEGO. CAlIFORNIA 1110'·.,U 1E1ØI\0NE; ....tI _- rAts......: 18t81 23....'0 FACSIMILE TRANSMISSION 'Jo: Company: FAX': ~~~ t.<A 6 cl!.J.If... Vk/7t. S" B !.) - 5b 1:1.. Phon. ,: ~ 5þfl/f' r/!.. ~#--tZ From: Date: Re: Our Fie'; Totel , P....: II (lneludin¡ this covet page) Retum Ori.INII To: Ellie / If you do nDt receive legible copies of all lIDOS. pllase notifv us immediately at (6191 234-8655. I OperatDr; ì Time Sent: I Time CornpIeted: I M"-C:AGE: r -.. , . , enNOIIII!NT1AUTY NOTICI: TIle Infonnotian _,.POd in Itia '........IrOMIri..OIIio O9I\fid..doI .1Id"- tor tt. : Iddft.... ooIv. II ths 1Nd.. of 1111. IIIHMOtllllGtths ........ or _H'. ""lit, you or. honIIy "wild """ sny : i dlN,mi..d... dIotrlbuliDII or oopyI", of "" ¡oI_ ¡.INo ".........011.. ptOIIiÞItocI. If '10\1 ....... .... 'uin on... : I pis... 00II... .0000' mmodIoIoIy up...lOCOÍpI.... ..111m ,ho 1_.40_- Þ III by - -. ",oil to "'" 1Idd,... : 01>.... VrtUI po_ wllbo NImÞuroorI. ~ _ I.. your cooporolÌOtl. : L __..._ - 4F __J 1/c -/~ SENT BY:liElSSBURG " ARONSON 'II ..:., IMry L. IIarsW 5-26-116 ;12:3SPM fLW&A SAN DlE(ìO-o 6155655612;# 2/11 _.~ -. - 1 _ -,,-,--,~~...... ."~ 'I:I1SnII .. Lan, L. MonboII iI , ,.-;"dIe SUI \)Ie¡o 01Iloo oC Pulo, I.øda« WoiNbUIJI.lt. _.. ... .........0'. r.....'. BuoInaoLaw Do>UIaI<:III, Lany', practice empbllires mnicipal and roclo""'.,.-law. ~ domüs sad load..... A speoiaI fi>c.. an.. paudoc II the ....U!ltllŸn of ñb-poftt oorPCIII.riDaI uaðoI1akin& ptlblio tllllOlloœ. Ia Ibis 00. r falþ Jar¡" UI ~ 1be SaD. Diqo Doll. ............. CaIlCNOlloa .moo l'1Y ODd 10 pnmù 00U0J0I1io Mid-City DeveIopmctll CcnporalÌOJl. Ia oddiÎðll. Lorry ... NIl.......... pri- propmty _." ....u .. p¡bJic spnciec ouch.. \be V_ UoiIicd School DiIIri<:<, ill J'Ub1io lOCJubÏliOllemlŒal-..m lili&1IIiooI. 8abejooillin¡tbc fma in 1!1!/3.1.at1)' _ , ........ or \be .... "'" or Jcaaiap, BapInDCI.lt.n...riboD. wbanlor-r )ICIJJ lie 8IcuKd oa .... I'fI"dcc> ..... _'-' ....."VC. He....,.s.. opcçJsl .......,.{ to Ibc Son Die... UDI/Icd ""1\ I>istric< ÙlIovcnc oondoomatlœ dc:Ii:mc _.........,.,.u¡..-.IO $so Diop Uuit'JOd 5cIoaoII>isIrict in Ibo IuIdmod. Qu1tIJ cIcocIIqIIIon....,. His ..."ioc.. JI'IIOdI_IO_""""-- l_I-"'" W__ District sad _ MuaioipsJ W.. ~ He __ ... ,..6.,&1 00....1 to Contro Ci&,. I>~ .i...._ CalpOnIiøa.1bo _I>... JInaÏII,: c;-.nI-..... sad .... ............ I!a>nømIe DovdO~ CarparIIIoII. tony bcpA his IepI ........ III tbc 0_ oC \be _ 1>. a, AItøDcy. The-re, ho W&I coualc! for "he acdøval~ .AI-I. tile Housiac AuIIIIIrÎl1. Model CiWllIIIIOIbcrIbdcral pnll""lP'"""" -n.. ""unaeI for .... iJc -/J P..op.rLy Depart_CoIIt, inoJ.dia, . ··~i ...dài.7...1.dMIIIJIa",,-l .-pncy pmjectl and ill...,. ~ -"'~....-. -. IMIYs pooJi:osioMlsad cIvIo ....;....... .ÞJcJe. the ....--'-.11 Bar AM..·.:..'1to.-. dac _ Dõeto eo.....,. ø... ..~,........ .... 1..awJan' CIu1> 01_ Dic¡o CouaI.,. \be ~ SIll DIceo ~. doe ldamIIimalRj¡hlofWqAac . '¡...,,1bc $so I>ïeco Hood IaJur1 ~.......... sadlbo Son Dkco a.o....- of~. Lmy.' ~ orBooll Hall ScbooI of Law, Uaivcnl'oCCllll'o...... BcàÞIcy (J.D., 1967) and lIu. U,,,,,,...i1J of ............, Jt¡.,unid&(B.A..1964). ø.._ __ ... Ibo CaIJIOmòo Bu ¡" 1!IG8. LIe. - 1'1 SENl' BY:WEISSBURG 81 ARONSON ; 5"26-86 ;12:39PM ; Fl...W&A SAN DIEIJO-< 6195655612;# 3/11 "." ," ,'h' . .. -- ~ --T -. ~.. - fIRM OvaMEW ~c ~ /~ SENT BY:WEISSBURG " ARONSON ,,:,. r· . An Owarview of Foley I.8fdner Welssburg 1& Aronson'. Clp8blU1les 5-26-86 ;12:36 I'I...W&A SAN DIEGO-> .J~ ...- ---------. 1- -1 LanIDo< w..ioo1>ur& II; A_ 10 ..... 01 die Iupá ud - ................ low Iinu iD AmerioL SIaoo Il1o Fcbrur7 1996 ....... ~ f\>Iey II; Ludner, _ wu Ibunðod iD 1I142,IDIIWoiubU'l1Dll Alvaløll,IDe., \lie firm __ .... ._ 550 -mop II 14 011"_ lIOIionwip. Vco..... IM1 __ 1ics IlOl In II" or the fInD or .......er .r atlørn.,ys, but in - ...~~m... '" ,..viIe cbc biPcot poaIb1c dotIJ<e .f ......-..- .. - tIOtIIice. Hem is I brief IIIIIIIIUIry or.... .-¡Ibo. ~Ar<a Poley Latdou WeiubIIre 1\ ~ .... lÌIt ...,¡or Jinøwide clcpal\mOll" tb1 aIOOIIJPIII all .r Ibe firm'. oIImneJ" Bull...... LIIw. I.tell.clual propeft7. Ui¡atIoD, Rc¡:ulllOry. IDII Tax ud løclivi4ual 1't.uIDiD¡. no- b...... pnoIioe .n:a...,", ~ .... ....... ...... .. focuaed pradioo p>UII mpIIÌ2IDII IIOUId Il1o brood ImIJ Dr....... __ whicIo our aUumeY' ccaaueI 1heir cIiods. I'or aampll>, 1110 Bu...... Law DqIedmat inoJud.. praoIioo JItOU1I for ..1IIIIIOICiaI maIIa"I. _, Dcn>aIiDOII. m...... .... IGCuWri_. pcojecL -, roo! _...d _urilico. Other"'- IIavo JImiIaI1y ..___ivc_ TbiI -.1ooUICd oqanÍ2ldOll brillp .... ..U ......- or die firm '" bear IIGII vlmaU1 .-ý ~r upcoI of ..-- law. 0/IiMI Foley Wdaor WelaburJ II; NonlOll -J' JII'IA'IIco II o1IioeI III tiYo ""'"" ud !he DisIriet of Columbia. TÞe firm', aUumeY' .... odmitled to /.-1 ------ 7C //5 6185655612;# 4/11 -T ,!.w-' ...-., .Mr~ ...- 10 ..- bAIt 0' Ibe _ of !be U.S.. ... .... ¡mMðo ......... - .- IIU' .-....u.wIdo. WItb a ~ Dr ~ :!SO ......,. ill MiIwUcœ ... ÞO',AI_, .... _ ... ........ 10.., firm 10 w-œ. ADd 0lIl" 120 1&..,...11 &in> om- ÎD FIoñdo __ .. _ of Il1o I&rpt ruu.-Mcc 1&.., Jinna ia - - Our ot'JIoo 1ooaIiona....: .Jac:ùoaYiUo. Odando, y.....h·-oo. TaIl1Jll ... Wcâ Palm JIcooII. FIoñda; MÎ1WIIIbO .... MadImo. WIIOOI!Iin; CWoop, D\iDOIa¡ Wllhapm, DC; ADna¡x>IiI, Nar,JaDð; IDII Loa Aa¡eIeI. _-,..,i0oi Dïcco ...d Boa P_iooo, CeIitamI&. r_IIIID_~~ The IDI&I IIIJIPCIIt iliff of Ibo finD D........ .- '700 ptDOM- '1110 a.Uøwiq: .... Ibe __ ...... or 01I0oI- ....- iliff ICIiYty. '1bDy ¡rovIde ~ _ .......1IIppOlt ill .--b.. oIoñoa1 auppoJt ("...1o<\ifts WtuI 2A-IIour/yar-ro.__ 11Il1o firm'. I&rp:oI oflioe ill 1Ii11I/IIItoe). ".pùcaud DIbor eod>ibh mr""¡,...., and """"_~ AlllllfflUl>Dn __.... avaIlablo IJrmwjdco DO . - .... 1MtWOJt< ("WAN') ..,....,...., .- 1,000 pcnooal .....,...... 'I'bo....-.to: ÎDOtHee oIociIGolc tII&I .................... _all om-. _Iolhia.,-m II ......icko1 tD oUooIa. to ..... OIL ...-~-., OOJ101fgJMt 1."fOIIaCO, ~ .... III< 1114. CIlIa _F- poobt _. ~ e1odIoIIIo III&Il 1)'_ Aft limo aDd;' "11 ~. - ., eIImIaotio¡¡ .... wok fin oIoIiva7 of dnJIo or oñpat dooumoaIa. SIIoII oapabllitio:l iI1uIImIø our 00Ø\IIÙImA:III1G _uriltt!blt all OIIr......... ""'" _ oIIooIa' DOOdo. SENT BY:WEISSBURG & ARONSON 5-26-86 ; 12:40PM Ft.1i&A SAN DI EGO-> ,,' I' , I . .. An OvervIew of Foley ~.r Wellsburg .. AronSOn'. OffIces ~'Ø--- ~-..-_- Øt/aJrt>. lJDMJIJ 0paI0d _ . .,Ie_ ÌD 1911. the CbIcaø<> oIIiœ bu ar-a .. cm;r 40 dDIDØJI oappI ill · eompœ"'."'¡vo -"" pn<Iioo of.'" _ ...0018'..... baDldac &lid ~ ø.w-, oorpo..œ ODd aoouriliœ Jaw, orcdito...· ri¡btl. _ltollØlCl1llllaw. .,vemmont Øn....... booIIb ....., IaIdIeotUlI pRI1M1. ÌDkV"'~. 1itip1ioÐ. aal .... ud uIIIiIIc:I ODd _&Y. In 1993 ~ oIIiœ """""'Iø._aad_......_~ 0.. IBM PJazo, in tile bout of the __ buIInoucJblñçl. Jotlrso1owU.. PIøridø The lint FlDrido o/lioo, ...od In 1981. is ........ Iø the Omoolcaf øuadina, in dawnlownJ..1tIoovllle. 11uo Iim', pnotloc __...... full -... or IOIVÎçœ in cotporate, eocura:., 10.. fInIIIcIaL JOVI'IDIII"IIIaI r_ labor ... ompIDymeot low. ........-..1. UIipümI. rooI_. """""" ODd ..\ala. ... rdaled \nIo..... ODd ponoual Icpl maIIen. 'Ibc J..lu,OIIviII. 01lJoc "'"... Iarp ood v.ried Ioœl .1iœIcIo .. ....u u naIIoøal ODd iØaDoIiOnoI oIÏoDII. z.o. A.,.III. SocnIIutllo. $coo Dbr,,, ,.,.., _ Frøat:Uco. c.B¡.n.;.. In I'cbnIary of 19116 JIoIc)' II; ~ .... with w....1>ut¡: .,.¡ Aro_, ¡oc. FouodocI ÎD 1913. WOÏIIIHUII aad A1ooIoD boo 7S --7" at ulT_ iø LeI Aa¡cIoo. s.....-o. Sao Dio¡:o"'¡ s... F_oiaoo. CaIiloraia, ;.. highly oopbioIicot&:d ".wo..I œahh Jaw proclicc. TIooy jaia Foley'& Lu<IDcr health law o1!ODIO)'I '" ..-dIe Iar¡eot ouch praoIico in the U.S. L/ c -)t 51~Uõ~51l;~ ~{ll -..V-- -......-- -.., 1lø4&M. -- 1"* 0_ ... opcIIIOIIia lP7S ODd ia 001> of die Iupot IowDllloco In w........m'. capital. IIIIdoIItIoe 10 00!VÍDi Ibo buoJneu ud .....-I1cpI1IOOCIa of _ III .... oily ODd ...., -.l aad __ poN uribe"'" ofWlocnnllD.. 'IpIA_1II """""" of tho ....111: of W. olr.... _Iv.. rquIoImy _ with _ ___ ÎII ...... ouob .. aIIIiIruII, ea.vIr-- -"'., iDMnDoe, IIhor ad. ......107"" ftIaIioaI, IIId 1uaIioJa· ",. JiIiptioI prKIIcc of.... omco IaoIudcI . full """" of -.1IIIpIIooI.-. II~. ""'-'" WIk ova 180 .........,. acI ICVWIIl buJadrod .......It á1f,..,.... Ibc firm'. M~ oIIiœ iI_oflbo Wf1 larp law 01lIool III 'WiIooDIin. WUwouboo 0_ .........,. pndiœ in all of OUt ....... .- IIId ........ wIùcb pzvvide .........a .. 'fIdu&Ily fMItJ lap! __ '" ·w...... .iII b.w-. ttaIIOIOIIœa. 'Ibc 0_ ..... ~idoI 1I\III1IIIDIII1Irmwidc..m- ...-..,win¡ çOJllplllerl..,d ....carob. oIcc\rODio OO_II......tioa. mutecina urviceI and _ aoIivideo. Or""'. n-IJø sIa.. toIaI>IW>ÙII tho 0rIand& oflice Iø. 1985, ... ~ pvwn 10 have 0... 01 Odolldo'.1arpt ~ OOIJ'OIOII' ..... and ...- JinnO, -...1"'...... _ ..... 40~. 1118)1 COIIIIICI ....- __ {...~....., d>a 0rcIICt odiDdo AvIIIIoa .........,ø1). r_oW. LuthtioDo, '-JIll ...... prvvidcn. ICI! ..- de¥eIopeI'I. and aD '7JIIOII of b"-leI ODd oolpOraIÏoDI. Cool.""'" ... ""'" ,..,. 'j ;::ü:;Nr DI;nt:.l;);:)DU1W & MVI'\)l1' ; ù-¿o-w ,J,¿;·'tU1Jl1 , / I'..· ',' An OvervIew of Foley L8rdn.r W8Issburg II. Amnson'. Offices (Continued) 1'1..nOO1. .JJ1.I~ 1/1L.\JV""'" --. --- lIIl/øIIaøH, I'Iorl4a I'aIeJI Lardoor w.........., " Anuon'. T.n....- oflioc ......... oIIecU iB .. ___ of åwaIwDcaI wiIh FIcøida re&JIIotoryODd IopJllive",-" ......,"'"" IIIIiJrIut. prx:nI 1noIia.... _............1, ÌIIIUI'...... oat _ ..., Ial.ÛOn.. r...".. FIorIM Tho TOIJIpa om.. ,... ~.~........ ill 11181. Today II bu a 000Ipf0heuIv0,.-.1 JRadÏœ ÐIIVII!IIc oo'P"-." OIWO, 1bwIcioI, BipIÏCII> 1111' ~ _do. '11M> IIIIpIion ....... or tile oflloo lacIudca all ... of boui.- .... œmmeJdaI m-. w..minrton. DC 'I\e WuhinJlOR omoo - opeaocI in 1971 .... today, wIIb ....'" 1IIan?o _mcy., i:o .. oeooocIlar¡ea in !boo Ibm. In additloA 10 .. ..,....J buåoeu praeIIoo, u.. oIfioo', pnoti.. dcoh wiIh .......tioDd _, ......1 IlipIiDn IIId federal reeuJalmYa1\illCioo. Tho ofIioo', IIIipIioD ....up oddtoueo a fu]J nDJI' or bill..... on' .......-oiaI _, WId1 81010 Ibon 30 Ir..J'-"uaI p<operlY _rney" the WuIIiJq¡oD olr.... hu . blOOll œ-do .... 1DomW.".J 10"-'- 1""1""'1 praeIIoo. V~UÙUÙÙU~~,~ U/~~ - ~ ._~...--_." ~ ,.. ..-:10, """'" 1IIÌII olØoo __ ~ ia 1987 ID _ a crowtaI ......... Dr tbe firm'. oIioaIo wiIh ~ 01 PIa""', But CouL Tho primar)' WIpIIooio of.... Weal PIIIII __ ol1ioe·' ....-. n:01 -. '............, _ p1oonaiø& ODd ,..,-- Ie -/7/'IC-22- JQ SENT BY:IiEISSBURG & ARONSON Foley urdner Welssburg. Ir. Aronson". Area of Practice: o.p.rtmøms 5-26-56 ;12:41rM I"LII&A SAN U tli\r' u· WJo.........u-..,.~ --- - .. ~ FtJIIy LørdMr Wn=IUJ 01 An>Arooo "'" IU lR4Ior ~ drot Ø&Ø1If"U' .u qf flu ""'. --'1" n.-~ _1IIlb4IvIIW""" rrtOr.1him 4OþMÞI,.._,_ fNIDII/1.l4 t1J'Ø1I1Ulw - ømtY of ",."". 'f'ØII wIaIdt .",. 1IIIfJ1rM1.~ co_.lwir ç/iInU 7Iu Ilst of- d'pDTlnm,lS IJJfdJ1l"'Clfø lITø.JoIlnws. $obuqJJml POI" dI,øU tJu - qf fr-tþ IIIII/<n prtlClk.,,.,,,,.. _Ideo I.... DcpuImeIII Cbait: WUUam J. Abraham, Jr. (414) 297-5667 17/1Cdcr gr"""" · ...._dealer_ · FiR&DcIa1 il'''ilutioølfiAanOe · CoIP""""'""""""",ial · Go1lClDmtlll finance · HoIpIIaIIiDancc · IøIoraIIIonal · Mcr¡c13 and lIOCJuÌJÏÛOIIS · PIojeot fi_ · IIeII _ · Scourilicrrlpublic oompooi.. u.Itb IA.. Depu\mI:øI Chair: J_ P. ComIcII)' (414) 291..sc53 I'raaJa O""'l'" · o...,.¡ ~ · Health ""'" plJD*III · MaDaFd oaœ or....mr~· · HcaIIh ...., plOYidet opcndon. · Pt.,.k:ioo orpnizollouand opera_ · 1AP1Itl... ond ........ry malt... · Health care finance · PIIbIio hoaW1 oporaIionl · Lo'IJ:-ICMI can:> L/c~/6 tll¡(öi)i:>ö12;(¡: if 11 -·\I.~~ ,......... I\..-t; ~ CbaIr: I1iobanI L, Schworob (2In) ~14 /'rœIb f"1'IF-' · Bictr ;øJoc1.\lht..:..., · ~I. -'.;.,,]and ~...--' TI..s-rb and ooppIøID · 1~. ~ Cbair: M&UrioeJ. ~(414) 297-5520 """*' grr¡trp.J: · An1iruroL · ...... ~...;"a~ · ~ · DØtribuIioo · EmploJllll'lll · EIr.;"'_ --I · PamiIy Jaw · IIDllom,01 ~ · Lifo, booIIh and cliabllky · Product liability · .....110 Inr · SeowiIioo ....taIoI7 DcpuImeIII a.ir: AIIooI W. WIIIiamII, Jr. (414) 291-$8D ",.- '''''''''' · IIncqy · ~ · HooIIh law · (aauruIœ · . .......,iYo/ ~~~I;y., Tu" ~......... ~ Cboir: kro D. M<oOdfoy (414) 291-5719 Prødic. rrollpf' · Bencllta · IIoIaÞoo and inial · Tu SENI' BY:WEISSBURG & ARONSON 5-28-96 ;12:41rM fI...!¥&A SAN DIEG()-> , . Foley Lardner W....·rg .... Aronson'. Areas of PractIce: PractIce Groups (Page 21 u. £1"" . "'. .-- 711.., (TI IIrIIIIII/<W pl'ØCtICI ..._oftlwJ1nn" m D",.,-u. rwI/lrIV """ of dôutI _II. ~.Jt. ØuINø Ltw DopG-J GIoop CbaIr. loocpII 8. Ty_lr. (414) 297-5631 · Ooverameat ooauac:rs · ComInOlåol popw · FodonoI rq¡uIotioa · I.cndIog .......et;-~ Jommanria1. "'-der, corporate, soourcd · Coøunoft:iaI opomca\I · BankruplC)' Code and Ilulm · CIaDo..· ÔlllIO · R.oorcuúaIi- and _rial'" · ~Dr_~ · StaID rc¡uIalioa · IlobiaooA-1'IbIIII> Act · l'Ulnœlhips · BalIk ocqøiaitio.. · Pri.... __ · PMicjpatioaa and .yn<\iDodiD.. · Col1olonl ......- · LDm WOJbuIa · 1looIpDIzaIIo. pItDs · ADtiInJll. _üance · StIa and ditlõ>uI1ou .....- · Buy.o1lb aacI ~.... · Merpn and ocquWduao ø...- Itoarpo/ullaa..... CredIIoos' LltlptI... ~.... D.,-.rtI) GIoop CbaIr. NIIk 1.. .....cr (312) 755-2.503 · SøcøraI and ...-mod 1caIor ft!IIØ<IàIiœ in jjpIìon · Wudwul &DC! ""'-- ............. · Cmlitor ,emodiet, indudiß& Involuøl&ry bankruplcy J/c ~ J / 6195855612;# 8/11 ...1IID't:........,.~~~ -~ ...:l pIIIiIIom, 1IIIIpOmIJ..--I..IIIK ........ ..... pnIiaJÜJIIQ' IqJunctiou. ....... _..-ø.- ...,.. A+" aøt '" 1;..... 0( ooIioao ___law · "*', .1t..... 0NdiIør ao.r J l-..;¡¡i";"". :.-.......1 dereøIo of pn!enaoo..ciam. Itaud_~_. _ Ioador IiabiIìIy Jj;p"- · a..¡_ to~and .-IvanbIpo · EavIro.-.l OO'..-Qq aad _ ÌD bøaIa\IpI<!y · Tax~of bWauptøy.... -u.¡ · A!bÎtrIIdH. I~ T fl· 'tŸn · ø..IaupIof IIIIpIIooIkoØt lor UIIÎCft_empIo~ _. boœt!t~, me! a"-~ ,... · SeouriIioa me! daÍIIII !mdiac -~ . EIDplaJIIICDt , ~'\/r· DqIi!wIln,.-) GIVup CIIoit: ~ So 1_ (414) 297-5814 · Hiriø¡ me! tamInoIIoa · COBRA · ~- · hlcDDOIpotiñ=l · SquII.......~ CIIIOrtuniIy · Wodœn: œ-y...,1....n · OStiA · 1laQ>1o,.....- · Labor 00JIbUt ~""""n. · MÌItIIioIII · UDmJPI,o,... 00.-,. ~þ~ · W.............._ · l!liF'lnn · I!lUSA · HooIIh. -UOre om! roIinomeat bcacftI ~ · SIodI: _hip p..... SENT BY:WElSSBURG & ARONSON ". I,,', Foley Lardner Weissburg . . Aronson's AnIIIIs of Praedce: Practice Groups (Page 3) 5-26-86 .12:42rM f'UI'&A SAN DI E(J()-. ~--~- :BII"tJW-- BDOÙ'OIIIIIOIIIAI taqlllølør¡oD_J Group Chal" Undo B. Benfoeld (414) 297-S112S · WuIO dì.opoul · Air on4 ........ permkI · SUpc:rÐmd .iIeo · WdIuacI..... _1_ dcvclopm... permItJ · CompUancc audiIa · SIook IJId usetlnluaotio.. · I.AI CdaID t...n.......v.u · Lou \WøIdIoas · R;aJ>I_1CDOw · Priva1c c¡__iI olalmo · Govc:nunOllt_ actions · Huotdo... maIc.riaIo · All Anny CorpI. variou. 1I0Io aød BPA rq¡uIalory · Lecislatian and ru,ulalian ElUtes ad TnuÞ (TwcI1nJiWJ...d 1'Iønainr lH~ G"",p Chait: Robert J. _... (414) 297-574' · I!Itatc plannin¡ · BdaIa and _ adaIiAiaInIioo · Tal. planllÍØl · MariIa1 P"'JlCrt1 · Chaòtablc&i\~ · Ta....~ · W1I ooal.osb · Surob",1:C ud faduclary obliption _ · LiLÏþIÌOO · Private ro·-"'s~" · CII&D¡:o or...midIc · GuordioaIblps ~c ~c2.0 6185655612.# 8/11 -- r..._ .-I ..... fJ11ØÙ1øS l..dw D ~ l.-At) Group 0aIr: GonId 1. Nc:01 (311) 7S5-1SOO · llllIIIioipol........ · PliJIIo_orpriv.... pIIccmcat orlu"",,- _1JdieI · InðusIÙIl dcvc10pnlcal ,.....III~ · Le¡iI1oIive..... """"'··inW - · CkrJcroJ w1hUlelb1& on 1IIIUIIo1pII1&,., _ · Dv-.a .....pracat · Tu ... ...... ,ptf-1:r-:- bormwIap · S_, ",p.w md fodc:nIlida ODd oubñIieo · Taa .....IJ'OCÄI- · Tu ID<romonIILI JIuœiDI · MWIioipal Jopi0a · I'Ii>Iio powvr · HOIIIÎI1C 6aanoe · Rdùadlaa · Student loan pro....... · SBA B1JOIIIIICOd fiJumçIop · Transpottatioa IIId _ IØDIit · Solid md 1iquid _ fiIcIIiIioa · MunIoIpo.1 hooIIb IIIcIIiico · Airpcd ~ · ArbiInp¡ Arbitrqe .... · MWIioIpa1 uIiJitioa ODd o\Iu:r IWcnU&JDGdl""~~ · o.awz¡na -, ctCIh::d mAioIpù ""'P"raIIoao tW ..-iII diaIñobI SENT BY:I1EISSBURG II ARONSON 5-'28-96 ;12: 42PM FUVtrA SAN DIEGO-> ,," ..,".' Foley lMdner WellFsburg I!r. Aronson'. ArsBs of Pracllœ: Practk:e Groups (Page 4) . .........u fJI.,,,,,,,,,,,,D__J Group Chair: JolOlh C. Branch (414) 297-5837 · Lifo auð bcJO!Ib · Propeli)' and cuua\ly · DO_ COmpllly £0.........., .....-po on4 _Ioltio"" · RepWory CO~1i.1VWI · ~ tra.ua.ctioDl · Roïasutanoe diapulø rcooIåioa · eo....., questiom · Product dcvdo~ · Plurwoioao! .....iIJIy · Claims .uporvisIoa/IiIio · ~1"1IInIOIinJ · Capliw _.. CorAlllloa III/eI"UtJoDal (1""'- Løw DqNUtIIWII) Droop Chair. løJf R. Boer (414) 297-5009 · Forei¡,:n ie_ 10 V.1Ied - · FodcnoI. lUte lad local _ttlna ""IuiromcDIs · Joint veotu.,.. B.cœain¡. IAI.., dadcr and cIioIriWioa a¡:reemenll · ~ auð iulacst .........tt.·.wl1llCt1olla · IøuDi¡¡tatloa and aalunlliWiou · ItIœtDatIoDAI Ttodc ,",^""..I-ioD .... f .lÍ'1p Cuåoøu ........ ~..""..,.;,.. ooropctiIioD &pm m! import cro-oâoas Ida<¡,...... m! IOOIuiIItIoD' · · · · L/c -c2/ 6185855612;#10/11 _.~_..- J..eaIdótI..,..........-.ø.. fJI~~"') Oroup CUir. DelIO ÞIbk GøIII ':Iœ) 6'n-5390 . 1\IOIIÎIor....~ . ... IaIIdn¡ IIO JIAp boim> _DtId IodenJ ~ ---... ;...JuddIc ~orDcfàue, HotIIÎIII.... u...... Dew~.~ A¡riatIIute, ~, CoaImeIœ, 2t>erU and IIDrior......,n AI tœ Food .. Dru¡ ,..... . -..... AL.1. Pedem1 ,....,....m.f;åoas C<ømiuioa. ......... ~ ComItIioIon. Ism "L.ul'liaòo t"_mlu_. Pcdc:AI Trade rftlftmN._, Pcdcal ~ ComntioI.... JIedomII!aeIgy ~ ""'-'......., aad PaIIDI SeMce. · eo....oIioaIa ~- DtId Códon1 ~ ~.nft"~ · HItIdIe aJoW ImpodIcxpott -... · RcpreMGt aIIeIItI OR DIIIIauIt .......Ioúøe.... u.s. ~ofJUIIIoo0n4 PaIoø! Tnde .......-....... · MODIIar..... .......v...1a _ -- · _I··..&~ bodIoo. MoaIIor _ and"", 'o'MJ lIOfiviIy ........ fruIohiIe. ..lot .... otbe< .....11> " " RlltÏODlllÎpl. SOO BY:WEISSBURG It ARONSON . I" lit·', Foley Lardner Welssburg .. - Aronson's Areas of Pracdœ: Practice Groups (Page 5) 5-26-86 ;12:42PM !'L1I'&A SAN DIEG<>-> w -~ ~ JIIq... (BrøIMsr lAw D'JHI'I1fIIIIIJ GIaup CbaIr: _ T. 'l)nian 1ß (414) 207-5665 o I!oer8)' IinaAco o In_oIa~_ · lûdultrial flAancc · Allport ro_ o Inckpçøcbl_ .....kc:b · Pulp and "pol" · R<:cyeIin¡, woIIe_ ..........beallDCJll&acil!Lieo · Tdcoommunïcatioaa fiDaDc:Ic · HIlWa1 R:IOWOCS Jaw ud 6n1nœ · sports aŒRU · ToO roads · Coaslnl«io. bw and 1Iøanoco. ..._l8IlIId IqIIIaJm¡ p<mIillin¡¡ o ~..,.¡oIbot cquipm=< _ · LouiD& and w:-buaI 1ItUOtu.... IiIwIoe o DomcoIio IIId inIcmoIionaI proJceu Real &tIaie II...;""'" La.. Drpw1IIW11) OrvUP Cbair. MIohacI W. H_ (414) Z97-S706 · f)cyelopmo._rsand _ ofpropctly o FIIIaDCiaJ Inodlllliulll lending to ICaI _Ie projeeb · Syndiealod off";",. of raJ _in_ o Pun>huc, oalo and boo · Condominium dovclopmcnt ondgo_ o -inti · 1.oaiøc and pIaœiøg · CuaoInIcdon · Securitinliøn L/c -~d- 6185655612:#11/11 _._~ - »rL-.h SeoooriIIs ,....1-,.12 'LIJw D.,,-J.. "'t) OIoup a.air: Lute E. .... (414) :m-5680 o ~~otl'eñnp o Pri_,,-- · PcdcnJ .ad IIa£e ~_ .~ œmplionœ W pIbII;Iy bdd oorpoøtio.. · CO........Iø--.l bt.aIdac finIII o UIIdoIwriIcI'. 000IIIIt ill pi>Iic and pm- ollio:lDp o I.iaWod ~"""""I" · AoquiIiIionIlIId dllpllItIons · Toadet .Ir... ODd 100.-.... b.y..... · \heouIlw """'1"""'.......... o-t-,.,. TIX (l"..n.Jj.WJJlll1. """"""'~) GIOup CbaIt: Joba A. SaDden (407) 2A4-32Z6 · Roo....III.... 01 the ~ IUId oowtlovds IGr ~ _ond local w: - · To pIolIÚIC · Couuds ill ma:&«I_ ~ññ~, noIp¡,.1~.. ~~ . "--.liqI:iQIioœ &ad oorpcuatc 1'ODrr":"'-1i C I. · TU.-oømpl-_ . -":..,. o TrwU 1UId_ · Tullllelterl WJ&B :V~I~~?~E'NJ~H~~ON.~ ~OL~~O: Richard S. Whitmore Janice E. Johnson Richard C. Bolanos Cynthia . O'Neill May 28, 1996 Kathryn ). Burke Nancy I. Clark Julie F. Tompkins Christopher H. Alonzi Susanna L. Mould Cheryl R. Kershner Maureen M. Duiiy CITY OF CHULA VISTA CITY COUNCIL MEETING OUTLINE OF SUBSTANTIVE LAW BY CYNTHIA O'NEILL I. DUE PROCESS RIGHTS OF "AT-WILL" VS. "FOR CAUSE" EMPLOYEES A. "For Cause" Employees Have a Property Right to Continued Employment. 1. Public employers may create property rights to continued employment for particular employees through: city charters, ordinances, resolutions, personnel rules, employee handbooks, letters of agreement, cDntracts, or established past practices. 2. "For Cause" employees are those who can claim a legitimate entitlement to continued employment based upon any of the items listed in number 1 above. Such employees are typically called "permanent", "civil service", or "classified" employees. An employer may only dismiss or otherwise discipline these employees "for cause." 3. To dismiss a "for cause" employee, the employer must follow the Skelly process by providing the employee: a) written notice of proposed disciplinary action and an explanation of the supporting charges; b) copies of any supporting documents; and c) the right to respond orally or in writing. (Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194,124 Cal.Rptr. 14.) Due process also requires that "fDr cause" employees be permitted to appeal an adverse decision. © Whitmore, Johnson & Bolanos 1996 6001c:rm.061 -1- I/c -c2] " 2570 W. EI Camino Real. Suite 600 . Mountain View. CA 94040 . 41'>·941-9333 . 800-.\8.\-4.\29 . FAX 41.5·941-9476 4. "At-Will" employees are those who have no legitimate expectation of continued employment. An employer may dismiss an employee who serves "at-will" or at "its pleasure" without any hearing and without good cause. (Bogacki v. Board of Sup'rs of Riverside County (1971) 5 Cal.3d 771,97 Cal.Rptr. 657, cert. den. 405 u.s. 1030.) 5. To dismiss an "at-will" employee, the employer informs the emplDyee that his or her work perfDrmance is not consistent with expectations, and that his or her services are no longer needed. "At-will" employees generally have no appeal rights. B. All Employees Have a Liberty Interest in Pursuing an Occupation. 1. All public employees have a liberty interest in pursuing the occupation of their choice. 2. A public employer deprives an employee of his or her liberty interest by: a) dismissing an emplDyee pursuant to a charge that impairs the employee's reputation for honesty or morality, or his or her standing in the community; b) the employee denies the charge, or contests its accuracy; and c) the employer discloses the charge to the public. (Board of Regents of State Colleges v. Roth (1972) 408 U.S. 564, 573 n.12, 92 S.Ct. 2701; Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340,159 Cal.Rptr. 440.) 3. If a public employer dismisses an "at-will" employee in a manner that deprives the employee of his or her liberty interest, it must provide a "name-clearing" hearing. The formality of the name- clearing varies with the circumstances, but requires at minimum: a) advance written notice of charges before the dismissal becomes effective; and © Whitmore, Johnson & Bolanos 1996 .OOk'm.061 -2- J/c-c2 Ý --~_·--~--·r···---·_--~--~_··_-_·_-----+·_---------·-r·-- b) an opportunity to establish a record of the facts of his or her conduct and to persuade the employer to reverse its decision. (Board of Regents of State Colleges v. Roth (1972) 408 U.S. 564, 573 n.12, 92 S.Ct. 2701; Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340,159 Cal.Rptr. 440.) 4. A public employer that dismisses an "at-will" employee solely because the employee's work performance is not consistent with expectations will not generally trigger the need for a liberty interest hearing. (See Board of Regents of State Colleges v. Roth (1972) 408 U.S. 564, 573 n.12, 92 S.Ct. 2701.) II. THE BROWN ACT AUTHORIZES CLOSED SESSIONS TO DISCUSS PERSONNEL ISSUES A A City Council May Hold a Closed Session to Discuss Whether to Dismiss an "At-Will" Employee Because of Work Performance. 1. An employee may require an open session when the city council seeks to meet in closed session to hear "specific complaints or charges" against the employee. (Government Code section 54957; Attorney General Opinion No. 95-207, July 25, 1995, 78 Ops. AG. 218.) 2. As discussed in Section I, however, "at-will" employees may be dismissed without cause and without charges. 3. An employee has no right to an open session when a city council seeks to meet in closed session, not to discuss charges against the employee, but instead to discuss only whether an "at-will" employee's work performance mandates dismissal. (Government Code section 54957; Attorney General Opinion No. 95-207, July 25, 1995, 78 Ops. AG. 218.) © Whitmore, Johnson & Bolanos 1996 60Qkrm.061 -3- i/é - vlS- -_.,-_._--_._'_..,,-,._.._.__..,._._..._.._._-"'-"-~- B. A City Council's Use of a Closed Session to Discuss the Work Performance of its City Attorney Provides a Means to Prevent Disclosure of Confidential Communications. 1. A city attorney has an ethical and legal duty to "maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client." (Business and Professions Code section 6068(e).) 2. A city council is a "client" which may assert the attorney-client privilege in order to prevent its attDrney from disclosing cDnfidential communications. (Evidence Code section 954.) III. STATUTORY PRIVILEGES AND IMMUNITIES SHIELD COUNCILMEMBERS FROM LIABILITY lmdßv ~e leUV' A. A City Councilmember is Immune from Personal Liabilityfror Making a Discretionary Decision to Dismiss a High-level Employee. (Government Code section 820.2; Caldwell v. Montoya (1995) 10 Cal.4th 972, 42 Cal.Rptr.2d 842.) B. Statements a City Councilmember Makes During the Course of His or Her Official Duties or During City Council Meetings Are Absolutely Privileged From Liability for Defamation. (Civil Code section 47.) © Whitmore, Johnson & Bolanos 1996 600krm.061 -4- J/c -;L? May 23, 1996 TO: The Honorable 1996 FROM: John D. Goss, city Manager SUBJECT: city council Meeting of M This will transmit the agenda and related materials for the regular City council meeting of Tuesday, May 28, 1996. Comments regarding the written Communications are as follows: Sa. This is a letter from the City Attorney stating that as a result of deliberations that occurred in Closed session on May 21, 1996, there were reportable actions taken by the City Council as follows. The City Attorney reports that the City Council discussed a potential case of litigation, the name of which is being withheld under the authority of Government Code §54956.9.1, and MSUC (Horton/Alevy) to appropriate $25,000 for additional investigation fees in connection with Personnel cases. The City Council also discussed the proposed sale of property regarding Marina View Park. No discussion was held regarding labor negotiations. Except for the foregoing, there were no other observed reportable actions taken by the City Council in Closed session. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from Vera Madison, Principal of Halecrest Elementary School regarding traffic concerns around the school on East J Street. This letter was presented to the Safety Commission on May 9, 1996, at which time the Commission requested a report from staff at the June meeting. Therefore, IT IS RECOMMENDED THAT THIS ITEM BE REFERRED TO STAFF AND THE SAFETY COMMISSION FOR FURTHER REVIEW. 5c. IT IS RECOMMENDED THAT STEPHEN NOBLE'S RESIGNATION FROM THE YOUTH COMMISSION 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. 5d. IT IS RECOMMENDED THAT GLENN GOERKE'S RESIGNATION FROM THE GROWTH MANAGEMENT OVERSIGHT COMMISSION 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. JDG:mab ( ~ ~ ft.. ~ ~~~~ - - -- CllY Of CHUIA VISTA OFFICE OF THE CITY ATTORNEY Date: From: May 23, 1996 The Honorable Mayor and City counc~f.) Bruce M. Boogaard, city Attorney~~ Report Regarding Actions Taken in Closed Session for the Meeting of 5/21/96 To: Re: The purpose of this letter is to announce that as. a result of deliberations that occurred in Closed Session on May 21, 1996, the City Attorney reports that the City Council discussed a potential case of litigation, the name of which is being withheld under the authority of Government Code §54956.9.1, and MSUC (Horton/Alevy) to appropriate $25,000 for additional investigation fees in connection with Personnel cases. The City council also discussed the proposed sale of property regarding Marina View Park. No discussion was held regarding labor negotiations. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. BMB: 19k C:\lt\clossess.rep ~-/ 276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691·5037 . FAX (619) 585·5612 :i& PœI.ctr&trøAeo:ØidP48' ----_.._..._'--_._--,,'_.._---~"'.".__..-----~_.-._--".--~_._- ... ~,,_.._. ~.". ~" ~\ I < r ,; I ! L~ : , ,:"1' ¡ n I I', "" I', " ,I "'1'¡--'---- :~i 1( 1A AS ~CREST ELEMENTARY SCHOO U 1\ I 3 1996 '96 M ~75'"East J Street. Chula Vista, Ca. 91910. (619) 42 -07n COUNCil OfFICES Dr. Vera M. Madison, Principal CHUL' VISTA CA I~! \ PtECEIVEO atYc IF t\:IULA VISi i ., '-fN<'S tff'IGf May 9, 1996 Honorable Mayor and City Council Safety Commission City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Honorable Mayor: As parents and staff members concerned with the safety of our children, we are requesting your assistance with this matter of grave concern. The Halecrest Safety Committee has met on several occasions to review traffic patterns and safety issues near the entrance of the school on East J Street. The committee concluded that it is extremely important for us to immediately improve the traffic safety patterns because of the serious congestion problems at the beginning of the school day and again at dismissal time. Cars are backed up at least a quarter of a mile on both sides of the entrance and children are crossing streets at the same time, often running in between cars. It is a very dangerous situation. A recent three-car collision in our parking lot further underscores the need for action regarding traffic safety at Halecrest School. A community forum was held at Halecrest Elementary School on May 8, 1996, to again discuss the safety issues. Representatives from the City were present including John Liken, Chairman of the Safety Commission, Frank Rivera, City Engineer, as well as representatives from the Chula Vista Elementary School District. Several options were suggested. These included the following: 1 . No parking on south side of East J Street at opening (8:45 A.M.) and dismissal time (2:45 and 3:15 P.M.) 2. Have bus pick-up for students living closer to the school. 3. Only cars who have more than one passenger are allowed into the parking lot. 4. City Council give passes for parking at curb across from school only to residents. 5. Move bus loading zone/vehicle pick-up areas. 6. Install a flashing light to slow down traffic during openingldismissal times. 7. Install a new cross walk in front of the school. 8. Set up a third lane of traffic for busses, parking, drop-off and pick-up on north side of ~.\-\.\, !.' ~\\,,(\.:'-') J,,\ .)\1.. ".1' , \~, .,~",ç J \\c\"", I,.' < . . , _"'" /"\ "r,··.vf\....J_J·._ '5b-1 WRITTEN COM,MUNICA TIONS 0/"_ 5 ¡:;.e¡1b ' East J Street in front of the school. Make a right turn lane and a left turn lane in front of the driveway into the school parking lot. In addition to the ideas suggested to improve the flow of traffic on East J Street, we are working with the Chula Vista Elementary School District and are looking into changing the parking lot lay-out to accommodate a smoother flow of traffic in and out of the parking lot in front of the school. We are urgently requesting your assistance in order to ease the traffic flow on East J Street and provide a safer environment for our children and residents. This preventive measure may save lives, will ease the traffic flow along East J Street, and address the urgent concerns of many residents in the Halecrest School Community. We would appreciate the City considering these options and choose one that would help alleviate the traffic congestion at Halecrest School. Sincerely, ~~~ Vera M. Madison Principal cc: Safety Commission Lowell Billings Cindy Miller 5b-~ ~ECEIVED 'Y6 MY 15 P4:oJ _1~AJ~Jt May 15, 1996 TO: Vicki Soderquist, Deputy City Clerk FROM: Armando Buelna, Assistant to the Mayor and Council SUBJECT: RESIGNATION FROM THE YOUTH COMMISSION This is to inform you that Vice Chair Stephen Noble has verbally resigned from the Youth Commission. Please place this item on the next available agenda to allow the City Council to formally accept his resignation. ab cc: Cathy Miller, Youth Commission Secretary 6c.-1 ,. ¡ ¡ "\I.,\,<\, L\ ~..~ \ c".,"' ' 'v"\" ,'c" C , , , " "; ~.:;~ .', '~t. . . ¡11,·;¡,.í'\"~:,: \,~~j (kii 'j 1"'13 .'j$....'. h:4 c)¡¿nn F QCJE'r-k,e /1u.jI.{YrJi') Üú Ç: Goe,-~e 877 0LJL~á<t( CIlt.b, Þr Gbi Ie, l/ìc.k (! rJ ("Ìi71 ( ,~ ,",. :.-~ ,~ ; ~ÍI;" - ¡r'· ," ("10.:, 12.,. lqq~ "D~",I fd, A, \/VI.. h.... d d" c- u"e,.d, -:r: 1") tt, d -to o('e,5 \'i, ,..., r.~ ?M1 ·ho.. or¡ T~e.. ~.<'ì.O.C-' -tò ("tÁ\ e c -\- f'\Y ~Q._: \', c.J ,,",0 ve. *-0 r'ì~""~~\' . '-¡' \..,o"-,c,, q, vc.t~h ç\ ct. ~Oí\\-\O~ .. I,.J ¡ ~ '" ~<'O""0~ Hoh\:s . í'1,r.,,1¿5 0::0< ... \ \ at ~u,\ 0,,6'1 , - hC\.(Ó "vo"\!. I. ÙL (1Ja. , you( '( \ 6.1-( COUNCIL AGENDA STATEMENT Page 1, Item: r:;;)D Meeting Date: OS/21/96 ITEM TITLE: Public Hearing: PCM-96-14: Amendment to the Rancho del Rey Sectional Planning Area (SPA) I Plan for approximately 27.15 acres by combining the Employment Park IA and Employment Park IB Districts into a single Employment Park District, and modifying the permitted, conditionally permitted and prohibited land uses allowed therein - Cinti Land Planning representing various property owners Ordinance ~Ic:." ç Amending the land use district map established by the Rancho Del Rey Sectional Planning Area I Plan by I) creating one land use district from two existing land use districts by combining said two districts, 2) redesignating approximately 27.15 acres of land into the newly created land use district, 3) deleting two existing land use districts, and 4) modifying the permitted, conditionally permitted and prohibited land uses applicable thereto for the newly created land use district SUBMITTED BY: Director of Planning þ¿ REVIEWED BY: City Manager 1í ~ 1G (4/5ths Vote: Yes_NojO On behalf of various property owners along the eastern and northern portions of Tierra del Rey, Cinti Land Planning is requesting that the parcels currently designated under the Rancho del Rey Sectional Planning Area I Plan (SPA I) as Employment Park I-A and Employment Park I-B (EP-1A and EP-IB) be combined into a new district called, simply, Employment Park. This would entail creating the new land use district and deleting the two old ones. The current land uses listed for the Employment Park Districts in the land use matrix found in Chapter IX: Business Center Districts of the Planned Community Regulations for SPA I would also be somewhat modified, with some uses deleted, some new ones added and others amended. The locator map and the revised plan for this area can be found in Exhibit la and Ib, and the revised Chapter IX land use matrix can be found in Exhibit 2. The original Employment Park Districts Regulations are attached as Exhibit 3. The Enviromnental Review Coordinator has determined that the project falls under the purview of EIR-87-01 and EIR-92-02 and that an addendum to these enviromnental impact reports is the only enviromnental document required for this project. This addendum is on file in the Planning Department under IS-96-11. RECOMMENDATION: That Council approve the amendments in accordance with the attached Draft City Council Ordinance. ~ . /_( -, '" Page 2, Item: Meeting Date: OS/21/96 BOARDS/COMMISSIONS RECOMMENDATION: At its 4/24/96 meeting, the Planning Commission voted 5-0 recommending that Council approved the requested amendment. DISCUSSION: 1. Site Characteristics: At present, the subject area is generally developed with office and limited manufacturing land uses. Exhibit 4, titled Amendment Key Map, shows the locations of each land use currently existing or proposed for subject properties. Currently, the land uses in this area are: Parcel No. 22 & 03 04 20 21 06 24 26 17 16 15 12 23 Land Use Vacant'" EDD, State of California Vacant SDG&E Substation Office building Vacant Pacific Southwest Association of Realtors Health Services Office building/ manufacturing Vacant Vacant Vacant Land Use Classification Conditional use'" Conditional use Open for development Conditional use Permitted use Open for development Permitted land use Conditional use Permitted land use Open for development Open for development Open for development "'Parcels 22 and 03 are to be combined and will be developed as a multi-plex theater by Cinema Star Theaters The development pattern to date is clearly office/service oriented with some limited industrial and manufacturing. The proposed changes to the land use districts and the permitted and conditionally permitted uses take the existing land uses into consideration. provide for additional limited industrial uses, and yet provide flexibility for the property owners to attract somewhat more diverse types of land uses. 2. Zoninl! and Land Use: Site: North: South: East: West: Zoninl! PC (planned Community) PC PC PC PC Land Use Various office, limited industrial Open Space (Canyon) Vacant Residential Utility (SDG&E ROW) Retail (Price Club) ,~---~ -'--= ~_._. Page 3, Item: Meeting Date: OS/21/96 Surrounding land uses will not be affected by the proposed changes, nor will the proposed changes be affected by surrounding land uses because the same character of development which has been established will continue. 3. ProDosal: The applicant is requesting the combining of the EP-IA and EP-IB Districts of the Rancho del Rey SPA I Plan into a new district to be called the Employment Park District. In effect, the EP-IA and EP-IB Districts are being deleted and a new EP District created to replace them. This requires amending the Land Use Districts Map from the Rancho del Rey SPA I Plan shown in Exhibit Ib, and amending the land uses which will be permined, conditionally permined or prohibited under the new land use district listed in Exhibit 2. 4. Analvsis: The proposed changes to the SPA I Plan would bring the PC Regulations more into line with the existing and planned land uses in the Employment Park. In addition, the general desire to have limited industrial uses in the same area is not diminished. At the same time, the initiative to develop on the vacant parcels is enhanced. Exhibit 2 is the revised land use matrix of the permined, conditionally permined and some prohibited land uses for the new Employment Park District. When reviewing each land use under the current EP-l A and EP-lB it was determined to use the less restrictive of the three options: permined, conditionally permined or prohibited. Thus, if for example a land use in the EP-IA district was a conditionally permined use but a permitted use in the EP-IB district, under the EP District this same use is permined. The very first land use listed under A. Manufacturing falls under this category. Given the established land uses in the area, certain land uses originally listed in the land use matrix have been deleted because they do not fit the character of development. For example, land use B.2. Moving and Storage Firms, is now a prohibited use, indicated by "N." In this instance, it was determined that large moving vans pulling into and out of the Tierra del Rey neighborhood does not appear to lend itself to the existing panern of development, so this land use is now prohibited. The most significant change, besides the combining of the EP-IA and EP-IB Districts into a single EP District, is that property owners will now have more flexibility in anracting the types of uses which are considered to be of the same nature as the established panern of development, yet the general purpose of the EP District as a limited industrial area is held intact. 5. Conclusion: Staff has concluded that the proposed changes remain in conformity with the General Plan's goals of developing this area as limited industrial, yet provides additional flexibility to the property owners consistent with this goal. FISCAL IMPACT: All amendment costs are covered by developer deposit; no fiscal impact to the City. _ ~'9 3 t - 3 Page 4, Item: Meeting Date: 05/21/96 Attachments: 1. City Council Otdinance No._ 2. Planning Commission Resolution No. PCM-96-14 3. Disclnsure Statements Exhibits: la. Locator Map lb. Land Use Districts Map from The Ranchn del Rey SPA I Plan 2. Revised Permined. Cnnditionally Permined and Ptohibited Land Uses from Chapter lX·A: Emplnyment Park District 3. Original Emplnyment Patk Districts Regulatinns 4. Amendment Key Map õÌÞ .'f Co - if ORDINANCE NO..;:¡l..1S" AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE LAND USE DISTRICT MAP ESTABLISHED BY THE RANCHO DEL REY SECTIONAL PLANNING AREA I PLAN BY 1) CREATING ONE LAND USE DISTRICT FROM TWO EXISTING LAND USE DISTRICTS BY COMBINING SAID TWO DISTRICTS, 2) REDESIGNATING APPROXIMATELY 27.15 ACRES OF LAND INTO THE NEWLY CREATED LAND USE DISTRICT, 3) DELETING TWO EXISTING LAND USE DISTRICTS, AND 4) MODIFYING THE PERMIITED, CONDITIONALLY PERMIITED AND PROHIBITED LAND USES APPLICABLE THERETO FOR THE NEWLY CREATED LAND USE DISTRICT A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this ordinance is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of approximately 27.15 acres currently designated as the Employment Park lA and Employment Park IB Districts, and is located in Rancho del Rey, Sectional Planning Area I ("SPA I"), east and north of Tierra del Rey and along two side streets called Amena Court and Canarios Court ("Project Site"); and, 2. Project Applicant WHEREAS, a duly verified application for a Miscellaneous Amendment was filed with the Planning Department of the City of Chula Vista on November 3, 1995 by Cinti Land Planning on behalf of various property owners (" Applicant~); and 3. Project Description; Application for a Miscellaneous Amendment WHEREAS, Applicant requested an amendment to SPA I to combine approximately 27.15 acres in Rancho del Rey currently designated as the Employment Park lA and Employment Park IB Districts into one Employment Park District, and modifying the permitted and conditionally permitted uses applicable thereto as described in Exhibit "B" attached hereto and incorporated herein ("Project"); and 4. Planning Commission Record on Application. (,-5 ~'.... r' WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 3, 1996 and continued said public hearing until April 24, 1996 at which time the Planning Commission voted 5-0 (with two commissioners absent) recommending that the City Council approve the Project in accordance with Resoluûon PCC-96-14; and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that public necessity, convenience, and good zoning practice support the Project; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista May 21, 1996 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on. this Project held on April 24, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the Project falls under the purview of EIR-87-01 and EIR-92-02 and that an addendum to these environmental impact reports is the only environmental document required for this Project, as documented in IS-96-11. Based upon the recommendations of the Environmental Review Coordinator, the City Council does hereby adopt the Addendum issued on IS-96-11. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determinaûon of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. EXTENT OF APPLICABILITY , -J, ~~ - b- The Employment Park Designation can be shall applied to any areas added to the aff&ted parcels, thus resulting in the enlargement of the gross square footage of said parcels, through a subdivision map, parcel map, or lot line adjustment. F. COPIES TO BE PROVIDED Applicant shall provide fifty (50) copies of the amended pages to the Planning Department within thirty (30) days of the date of the approval of this Ordinance. G. COUNCIL ACTIONS The City Council of the City of Chula Vista hereby amends the SPA I by establishing a new land use district called "Employment Park"; deleting two existing land use districts called Employment Park-I-A and Employment Park-loB; redesignating the Proj&t site as set forth in Exhibit "A" from Employment Park-loA and Employment Park-lB to "Employment Park", and amending the permitted, conditionally permitted and prohibited land uses applicable thereto as set forth in Exhibit "B". H. FINDINGS The City Council hereby finds that the Proj&t described above is consistent with the City of Chula Vista General Plan and that the public n&essity, convenience and general welfare and good zoning practice support this action. 1. EFFECTIVE DATE OF THIS ORDINANCE This Ordinance shall take eff&t and be in full force the thirtieth day from its adoption. Robert A. Leiter Dir&tor of Planning ~'¡ '°1 Bruce M. Boogaard City Attorney by { Presented by N: \abarcd~'9614cc: .ord EXHIBIT "B" RANCHO DEL REY SECTIONAL PLANNING AREA I PLAN C.HANGES TO TIœ PLANNED COMMUNITY REGULATIONS FOR THE EMPLOYMENI...PARK DISTRICT PCM-96-14/1S-96-11 CHAPTER IX: BUSINESS CENTER DISTRICT CHAPTER IX-A: EMPLOYMENT PARK DISTRICTS IX-A.O Purpose In addition to the objectives outlined in Chapter VII, the Employment Park Districts life is included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering, wholesale, and limited retail trade. In addition, the Employment Park Districts-are is structured to advance the following objectives: To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other non-harmonious uses; To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation and other hazards incidental to certain industrial aRe! al!t8msl:lile service/repair activities; To promote sufficient open space around industria] structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential districts; To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them; and, To promote high standards of site planning, architecture and landscape design for J.igItt lìJB¡~ industrial and commercial developments within the City of Chula Vista. A. Employment Park J(intI(ê4lndustrial/Office District (EP4A) This district is intended as an area fef (if J.igItt ~!m¡te.tt,jndustriaJ uses, WÄ~Çljil'li~I*tt¢~t<$eåt'ch ~~~~§¥~lôpf11el1tby large scale; re3ellfek aRe! specialized man~f~cturi?g .?r~~zations,~nd ~p~úgle administrative and professionalo!fices. -;.'kiek eaR~y~rlt1c¡t!@çrçpl!ditìonally pe.rmit~usesallowed to.dey~JopunderJhìsøistrictlt1cllstmeet high performance and development standards. ~ -9 ~-9- RDR SPA I Amendment Page #2 . IX-A.1 PERMITTED AND CONDITIONAL USES The following uses shall be permitted uses where the symbol UP" appears and shall be :i9itdítionaJly permitted uses subject to issuanëe and implementation of a Conditional Use Permit þsriedbythe City of Chula Vista where the symbol "t"appears. Uses are Bat peræitteè wre the 5YIf)~ÐI uN" appears. $peciftc land tisesdelti'mined lObepi'ohibited Iri Ihi: BPDistrict )aye been.so.designaterlby "Iii" mthe.following table. ';i$ee SeçtionQbelo~for Unlisted Uses. EP-tA - J::;imited Industrial/Office District EP IB Isfll:i3H'ial Distriet LAND USE U.ÞIÐ UgE ~MrkQ"MBNTPA~ DISTRICT EP-tA EP 18 A. Manufacturing 1. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following ~Klf1JPI~Siij.f previously prepared typical materials: 3t1ell It5 canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi-precious stones or metals, plaster, plastics, shells, textiles, tobacco, wood, and yearns; novelty items (not including fireworks or other explosive type items) p 2. ~µfaCM)rig ····aridi¡Ì$$~mbl)')pf Eleelrieal ~)#çtriçal and related parts~; electfiCal appliances, motors aJ1dd~~i:c:~; .'. ~~;~pø1i9¥oolor iI~~~t~~.,!~r~í.I)~.~!()f þ~ybac;1C<)AAU*Pµ11!J;!gf&èie, televi3ieB, )3hSasgf8l3H a8d eeæ!tlters; iTe1ectronic precision instruments; .. medical and dental instruments; timing and measuring instruments; audio machinery; visual machinery; e6Sffietie3, drHgs. perf-times, teiletries ßRå seal' (Ret iflehuliftg ff~fif\iftg ST TeBrJeriRg sf fat af ails) P p ~ -IÒ ~ RDR SPA I Amendment Page #3 LAND USE LAND USE ~MENT....PARK DISTRICT .EP+A EP 1 B 9. <~anufacturing and corilpounding of jjosmetìcs. drugs, perfumes, toiletries iIDd soaps {processes.shalJ not ~cludethe refining or reßdering of fat or oils) 3-,4. \ Furniture upholstering ~S.Rubber and manufacturing metal stamp 5-:6. . Laboratories, chemical: research and development fr.7/\ Laboratories, dental, electrical, optical, mechanical and medical +'-8.l..aboratories; research and ~èlopment, e*~eriffieRt:IIl, film, electJ"onic testing and mechanical &:9..Machine shop and sheet metal shop 9-cl().Plastics and other synthetics manufacturing B. Storage and Wholesale Trades 1. Mini-storage, I'\lèlie sterage liRE! 3tefage -¡¡ftfeBSHSes 2_ Moving and storage firms,public ~tor~e and stOr~e warehouses Public imd private buildh]g materials and .Iumber storage and saJes yards, iervice yards, storage yards and contractor's storage yards 3_ ¿, -II c§¡;J:!, \, \ . P NP p P p ÞK: (; P P N c N}> N N p p p (; p p RDR SPA I Amendment Page #4 ~ .~ EP4A 3. BllÍlàiRg æRteriR!s RRà lllæèer 3tÐfage yards BREI aT esfttraeter':¡ ~ N 6 4. BlliIàiag Equipment sales and rentals C 6 5. Pøèlie aad ~ri~¡ate B'dihliftg material 381e3 yarås, serviee yaršs, :;terage yards, afiå e~\iifJFReRt reRtûl N p 6. MiRef &tile refJRir (moved to Sect. C) N c +'-:5. Vlpolesaledistribution>operations trtieh:iag yarås, teræiaals BAd distriBHtiRg e~eratieA3 NC 6 C. Service and Commercial 1. Animal hospital and veterinary clinic and/or office C N 2. Minor auto repair/services, including such services as smog testing and lube and tune facilities 4. Cleaning and dyeing plant Nt: 6 N C P P N 6 2. ~A.1tteffi.6èile aBEl/aT tnish. serviees 3. Blueprinting and photocopying 5. Eating and drinking establishments: a. RestaurantS, restaurantS with cocktail lounge~, coffee shops, and full delicatessenS (may serve alcoholic beverag~s):. .h.ifr~T~tåridîng f~cmty~h~nbe.if~ired ·to submit a supplernenta! .tra.ffic ~ -/~ ~ ~ \ RDR SPA I Amendment Page #5 LAND USE J..,/.ND USE~QYME~ DISTRICT EP-+AEP 1 B \ . analysis. . to City .. . ...... !lPecifications, with· ·.tÞ.e Çonditional Use Permit.' N b. Refreshment stands & snack bars within a building as årí accessory µse to å permitted pr .cjjriditionaly per¡¡¡iJted use. p (; 6. Reì¡¡iI sales of bulky items such as carpeting and furniture, steres. and Volume saJes of offICe equipment and supplies c 8. Keftflels [see under Accessory Uses) N c IJ.:7.Medical and dental offices and clinics; medical, optical and dental laboratories. ft6! including the manufacture of pharmaceutical or other products for general sale or distribution PC N .w,.s. >Newspaper publishing, printing, and distribution, general printing and lithography c (; H-:-!}'Administrative and executive offices; professional office for lawyers, engineers, architects; financial offices including banks, real estate and other general business offices p (; 12111. ..\BY ether re3earek, light B18ßUfaeturi8g 6f efflee 1:ne \vhieh í3 fletermiøeEJ by (lie PlaBHiag CeæffiissieH tÐ he af the 38ffie geBeral eharaeter as the 8èsy¡e perlllilteå tlses {See Section G. Unlisted Uses below p p t-13 v ~__, ~.__~ ~__~ RDR SPA I Amendment Page #6 J.,AND USE LAND USE iMPLOYMEmPARK DISTRICT EF=i:A ~ HlO,Exterminating services ~ll.Plant nurseries and the sale of related hardware items provided they are clearly incidental and secondary to the plant nursery. Plant nurseries shall be allowed only on the peripheral areas of the EP4 - P¡~ttìct, so as to not disrupt the êontinuity of the professional and administrative office land uses ~12. Radio and television broadcasting, excluding towers. Dish antennas ìnust be included in the application fora Conditional Use Permit to be considered. OÙ1erwise, a separate Conditional Use Permit is required. 16. Reæi1 eeæmereial 'A'heR iR sHI'13ert sf a I'ermitteà af eSRàitisRal tlse [Moved to Section E, Accessory Uses} +=713. Retail distribution centers and manufactures's outlets which require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers of manufacturer's outlets. Conditional use permit applications for the establishment of retaiJ commercial uses, e6'/eret! ~lånþ~q:¡riSidered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission ~ -IIf Cõl--C' - '''\ N N C N C G C p NC G RDR SPA I Amendment Page #7 LAND USE LAND USE ~K DISTI.llCI . . . EP-l-A £P n~ -HlH.Sale of beer or alcoholic beverages for consumption on the premises only where the sale is incidental to the sale of food and accessory to ~ ! permitted ti!e biîiþ!"!4¡t!q*~I~y p~ilì\i~t\41Î~e·· . P D. Public and Semi-Public Uses 1. Day nurseries, day care schools and nursery schools C 2. Educational institutions, public or private including vocational schools C 3. Post offices and post office terminals P 4. Public utility pumping stations, equipment building and installations NC 5. Recreation, private, semi-private, or commercial/includirgmoyietheaters C 6. Public and quasi-public uses appropriate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards and warehouses C 7. Schools and studioS for arts and crafts; photography, music, dance and art galleries, in accordance with the provision of Section 19.58.220 CVMC C " -/~ . ~ -.~J.ç ~ ~ ~ p ~ ~ ~ ~ RDR SPA I Amendment Page #8 .LAND USE LAND USE ~ISTRICT .. ~ EE::lB E. Accessory Uses 1. Accessory structures and uses located on the same lot as ~ permitted or ~ conditionally pc:r#!ìaeduse '.. 2. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities 3. Commercial parking lots and parking garages, in accordance with Section 19.62.010 to 19.62.130 CVMC 4. Incidental services for employees on a site occupied by a permitted or conditionally . permitted use, including day' care, recreational facilities, showers and locker rooms 5. Office condominium 6. Deflttll f3faetiees 8fJefl 18 the fJ1:lalie as &8 aeeessery tlse (Bet 1s exeeeà 35 % af the teæ.] oomeiaeel AeeT area àe-¡eteå 16 aeattll ffiB.ß1:ifaettlriHg. la88fB.teries B.flå ether Eleata) related \1383, af IS % af the teta} h1:lilàiag eree. 'NkieHe\'er is less) [See Sect. C.7] ~» Roof mounted satellite dishes subject to the following standards or conditions: a. The dish shall be screened using appropriate matching architectural materials or parapet walls; ~-Ib ~,.., Jt;- p p p p C ç p p p ç p C p p RDR SPA I Amendment Page #9 LAND USE U.NP USE ~ARK DISTRICT Ep-fA EP 1 a b. Dishes shall be of a neutral color, matching the building ÔOlcj(¡p1d(\j(ture, or as otherwise approved by the City; c. A building permit shall be ret¡lIireèpbtam¡:d; d. No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. &7. 'Watchman's or caretaker's living quarters only when incidental to and on the same site as a permitted or conditionally peTlTlÎtted use p p ~~. . Wholesale business storage or warehouse for products of the types permitted to be manufactured in the district p p ~. ..Kennels; when associated as an accessory use with an animal hospital orvet.erinary clinic p 10. . '. Retail commercia] when iH '1Il"l"srt &f ~cœssory to a permitted or conditionally permitted use p F. Temporary Uses 1. Temporary uses as prescribed in Chapter XI bfthis document p p It -/7 é).D - \1 RDR SPA I Amendment Page #10 LAND USE~µOYM~&Te.A.RK DISTRICT ~ ~ LAND USE G. u}>n~ted Land Uses Upon submittaJ of an applicaúon, any other research, Iigfit. limited manufacturing, ~rvice or office use wìll be considered wlliell ia åeterffiiBeå" by the Zoning Ádministrator,or Planning Commission at the' Zoning Administrator's discretion, or Þpon appeal of the Zoning Administrator's decision by the applicant to the Planning Commission, said use to be of the same general character as the above uses. To be considered on à use~by.use basis by the Zoning Administrator, . who may determine that a paniculilr use is permitted, conditionally permitted or prohibited. IX·A.2 PROPERTY DEVELOPMENT STANDARDS-EMPLOYMENT PARK The following property development standards apply to all land and buildings other than accessory buildings authorized in this district. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 10,000 square feet. A. General Requirements The following requirements are minimums unless otherwise stated: Development Standard I. Lot area, net sq. ft. (OOO'S)1 l..aBà Use ~þl~ymeIifP#k District EP4A EP IB . 40 4G 2. Lot width (feet) 3. Lot depth (feet) 4. Front yard setback (feet) 5. Side yard setback, each (feet) 6. Public street ROW setback (feet) 100 ~ 150 +SG ~20~ 10 .H 20 ~ IMap for condominium development does not need to meet lot area requirement. Minimum Jot area may be reduced to 10,000 sq. ft. for master planned building complexes with Ptecise Plan approval. Such Precise Plan shall be for a total area of nn Jess than 60,000 sq. ft. ~ - t<ir .....C- '8' .... I. 11. Maximum lot coverage" (% of net lot) Page #11 60 éG 10 oW 20 ~ A3 A 50 ~ RDR SPA I Amendment 7. East "H" St. ROW setback (feet) 8. Rear yard setback (feet) 9. Rice Canyon top of slope setback (feet) to. Building height, maximum2 B. Special Requirements 1. Along al1 street frontages situated across from any residential1y zoned property, a minimum three foot high landscaped earthen berm shall be constructed. Along all other lot lines adjacent to residential districts, a maximum eight (8) foot high wall may be constructed if required following Planning Director review. Fences should blend in with the site's architecture. 2. Streetscapes shall be enhanced to provide an easy transition from the street to the building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels from one another. 3. Reciprocal ingress and egress, circulation and parking arrangements shal1 be required where possible and feasible to facilitate vehicular movement between adjoining properties and to limit superfluous driveways. 1X.3 GENERAL PERFORMANCE STANDARDS The fol1owing performance standards are general guidelines intended to describe the overall minimum design standards for the Employment Park. The design guidelines provided in Chapter VI of the SPA Plan provide specific recommendations. A. Landscaping In all Employment Park Districts the required front and exterior side (street side) yard setbacks shall be landscaped. Parking, driveways, and other decorative hardscape areas will be permitted within the required rear yard, interior side yard, East "H" Street, and Rice Canyon top-of-slope 2Heights which vaty frnffi these standatds may be apptoved via a Conditinnal Use Permit and Site Plan approval. 3 A = 45 feet or 3 stories, whichever is less. "Open space lots of other special setbacks along EaS! 'W Street shall be included in the adjacent building lot atea for purposes of the lot coverage calculation. ~ -11: ---~.----~-- RDR SPA I Amendment Page #12 J,-AND USE LAND USE ~ISTRICT . EE::í:A ~ setbacks. Landscaping shaH consist predominantly of plant materials and shall be irrigated by automatic sprinklers. AH planting and irrigation shaH be in accordance with the City's Landscape Manual and the Employment Park Design Guidelines. All landscaping shall be permanently maintained in a clean, healthy and thriving condition, free of weeds, trash and debris. B. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shaH be completely screened from surrounding properties. C. Utilities All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. D. Lighting All light sources shaH be shielded in such a manner that the light is directed away from streets and adjoining properties. Illuminators shall be integrated within the architecture of the building. E. Electrical Disturbance, Heat and Cold, Glare No use except a temporary construction operation shaH be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. F. Flre and Explosive Hazard All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate smoke detectors shall be installed in all new construction. G. Noise The acceptable outdoor noise exposure levels, measured at the p~operty line, for the Employment Park Districts are given in the table below. (See Chapter 19.66 CYMC for definitions and additional details.) t -~O ~D ~ : RDR SPA I Amendment Page #13 Exterior Noise Limits* EP I, EP 2 pistrict 70 dbA 10 pm - 7 am 70 dbA Receiving Land Use District 7 am - 10 pm *Environmental Noise - Leq in any hour *Nuisance Noise - not exceeded at any time H. Odor No use shall be permitted which created odor in such quantities as to be readily detectable beyond the boundaries of the site. I. Radioactivity In all Employment Park Districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. J. Vibration No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. K. Condominium Conversion In any Employment Park District, the conversion of a project to condominium ownership shall meet all the requirements of the zone to the maximum extent possible. Specific City Council waiver shall be required where the zone requirements cannot be met. L. Air PoUution There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, is as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718. M. Outdoor Storage Outdoor storage areas shall be entirely enclosed by visual barriers to adequately screen views from the external boundaries of the property. ~ ~l Ù"" :lr RDR SPA I Amendment Page #14 N. Energy Conservation Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption. O. Toxic Materials No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. P. Liquid or Solid Waste The discharge or deposit of liquid or solid wastes shall be subject to the provisions of Section 19.66.150 CVMC. R. Aesthetic Standards I. All uses at the perimeter of the Employment park Districts shall be landscaped to provide a buffered transition to adjacent uses. 2. Visual appearance shall be a principal consideration in the approval of Conditional Use Permits, especially any uses involving outdoor storage or activity. Consideration should be given to all prospective vantage points, including residential areas at a higher elevation. IX.4 SIGNS No sign or outdoor advertising structure shall be permitted in any Employment Park District except as provided in Chapter XII or herein. t,-I.'- .Ð [:> ....:'0 ~- 01.3 ~ ~ - dl. Y- f)H~~~~ .{ RESOLUTION NO. PCM-96-14 A RESOLUTION OF THE CITY OF. CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE LAND USE DISTRICT MAP ESTABUSHED BY THE RANCHO DEL REY SECTIONAL PLANNING AREA I PLAN BY 1) CREATING ONE LAND USE DISTRICT FROM TWO EXISTING LAND "USE DISTRICTS BY COMBINING SAID TWO DISTRICTS, 2) REDESIGNATING APPROXIMATELY 27.15 ACRES OF LAND TO THE NEWLY CREATED LAND USE DISTRICT, 3) DELETING TWO EXISTING LAND USE DISTRICTS, AND 4) MODIFYING THE PERMITIED, CONDmONAlLY PERMITI'ED AND PROHIBITED LAND USES APPUCABLE THERETO . FOR THE NEWLY CREATED LAND USE DISTRICT WHEREAS, a duly verified application for a Miscellaneous Amendment was filed with the Planning Department of the City of Chula Vista on November 3, 1995 by Cinti Land Planning on behalf of various property owners; and . WHEREAS, said application requested combining approximately 27.15 acres c:urrently designated as the Employment Park-1A and EmploymentPark-1B Districts into one Employment Park District, and modifying the permitted and conditionally permitted uses applicable thereto; and WHEREAS, said request entails creating a new land use district to be called Employment Park, deleting two existing land use districts called Employment Park-1A and Employment Park- 1B, redesignating subject acreage to the new land use district, and modifying the permitted, conditionally permitted and prohibited land uses applicable thereto for the newly created Employment Park District; and . .. WHEREAS, subject property consists of approximately 27.15 acres of land and is located cast and north of Tierra del Rey and on Amena Court and Canarios Court in the City of Chula Vista, and diagrammatically presented on the area map attached hereto as Exhibit A; and WHEREAS, the planning Commission set the time and place for a hearing on said amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its ¡naili'1g to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the bearing; and WHEREAS, the bearing was held at thè time and place as advertised, namely 7:00 p.m.' on April 3, 1996 in the Council Chambers, 276 Fourth Avenue; before the plannif1g Ccnnmk~ion and said bearing was C(lntiml~d to April 24, 1996 and tbcrcaftcr closed; and M:\IIOMEII'I.ANNINO\M11NIRÞR\EPI96I.PC.RES Þ-~ ." 6-¥ Resolution No. PCM-96-14 Page #2 WHEREAS, the Environmental Review Coordinator deteI'JDined that subject project falls under the purview of EIR-87-Ol and EIR-92-02 and that an addendum to these environmental impact reports is the only environmental document required for this project, as documented in IS-96-11; and NOW, TIlEREFORE, BE IT RESOLVED mAT from the facts presented to the Planning Commicsion, the Commission has deteI'JDined that the amendment to the Rancho del Rey Sectional planning Area I Plan creating a new land use district called Employment Park, deleting two existing land use districts currently called Employment Park-1A and Employment Park-1B, and modifying the permitted, conditionally permitted and prohibited land uses applicable themo, is consistent with the City of CbuIa Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports the redesignation from Employment Park-1A and Employment Park-1B to Employment Park. BE IT FURTHER RESOLVED mAT THE PLANNING COMMISSION recommends that the City Council enact an ordinance to create the new land use district to be called Employment Park, to delete the Employment Park-1A and the Employment Park-1B land use districts, redesignate the subject area to Employment Park, and modify the permitted. conditionally permitted and prohibited land uses applicable thereto in accordance with the attached City Council Ordinance. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CAUFORNIA, this 24th day of April 1996 by the following vote, to-wit: AYES: Commissioners Ray, Salas, Tarantino, Thomas, Willett NOES: None ABSENT: Commissioners Davis and Tuchscher Jobn~¿.f-~ -- ATI'EST: ~ E.. r l4t Nancy ~y. Secretary M:\HOME\PLAllNJNGlMAJ.\EPI9614PC.J.I!S --=-' ¥ ..-- &,-.:¡h )¿-J.?~ (,,- '/5 Attachment 3 Disclosure Statements ,- s....:. fo-~1 THIS PAGE BLANK ~~= 0-~g ..øJ' " THE cny OF OIULA VISTA DJSQ.OSURE STA'ŒMENT You are required 10 me a 51alemenl of Disclosure of &:enlln ownership or financill InlereslS, payments, or campa1ln contrlbullons. un aU millers wbich will require discrelionary action on Ihe pan of Ihe CiIY Council. Plannin¡ Commission. and aU olher official bodies. The following informalion must be disclosed: 1. UsI the Dimes of all persons havln¡a finaneiallnleresl In Ihe propeny which II the aubjCCl of lbe appllcallon or the conlrKl. e,J., owner, applicanl. conlractor, aúbCiOntraClor. mllerialaupplier. EDD Partners No. I bv Western Devoon, Inc., General Partner :z. If any person· idenlified pursuanllo (1) above Is a corporalion or pannershlp, IIsI the names of alllndiYlduals ownlllJ more Ibln 10'If> of Ihe shares In Ibc eorlOrllion or ownin, Iny panncrsbip Inleresl In tbe pannershlp. ,U ~6 T........ John Ibe 3. If any person· Identified pursuant 10 (I) above Is non-profil organlzalion or a trust. IIsI Ihe Dimes or any persoll servln¡ as director of Ihe non-profil organizalion or as truslee or btnellelary or truslor or tbe trust. NIP. .c. Hive you had more than S2S0 wonb of busines.\ transacted wilb any member or Ihe Cil)' stlrr. Boards, Commissions. Commitlees, and Council witbin Ihe pasllwelve monlhs? Yes_ NOL If yes, please Indlcale person(s): 5. Please Idenlify each ånd every person; Including Iny Ig~nlS. employees. eonsulllnlS. or Independenl contractors wbo you bave assigned 10 represenl you before Ihc City In Ibis miller. Cm' ./¡" . , G~vy 6. Hive you and/or your officers or agents, In the a¡:gregale, contrlbuled more tban SI,ooo to a Councllmembtr In the currenl or preceding elecllon period? Yes_ No2 If yes. allle which Councllmembtr(s): · · · (NO'IB: AltacII addIIløDllpa..~ ç? ¿. . Signllure of colltractOrlappllcalll Dllc: Novemher 7. 1995 Mik@ Ib~. P-r",.;"",n+ f"If W..+a.... n....'.......... T"t Prlnl or type name of conlraClorlappllcallt · lIœ!!lr~...· ""'11)1 -""""f/mI, ..ptftoørhip.joiIII- _ÌIIIiOtI, -w.....,....,.......-..... .-ptM....... - -...... ".1........ IIoIr .111 .." t1tMr .......", ciIy Md COI/IIII)', ciIy IlUllUciptJ/ily. II/IJIi<I, '" t1tMr fOliticM ............. lit .." t1tMr .., lit ~ . I.....,....." ¥' .&- -c:{q Property OwnerslProject Sponsors lCey M.n No. 26 ~ )t" 24 16" 17 12 " 15 6 .. Milk G. MercbaDd, PICÜic Southwest AssociatiOll ofRealton 180 Caoarios Court . Chula Vista, CA 91910 Tel: (619) 482'()363, FAX: (619) 482-0078 AsI~sors Parc:el #/640-293-26 (1.27) Michael A. V o¡t, Intemational Real Estate 2320 Pasco de lù Americas, #/200, Otay Mesa, Ca 92173 Tcl: (619) 661-6681, FAX (619) 661-668S Assessors Parcel #/'1: 640-293-24 &:. 640293-19 (1.42 &:. 2.99 acres) SoIOJllOll Levy 16S AmilIa Court Chull Vista, CA 91910 Tel: (619) 482'()363, FAX: (619) 482-0078 AsleS""" Parcel #/'1640-293-16 &:. 640-293· . 7 (0.88 &:. 0.76 acres) Jerrell Prince 3861 Grandview PI_ Bonita, CA 91902 Tcl: (619) 479-7S98 Assessors Parcel #/'. 640-293-12 &:. 640-293-1S (1.11 &:. 1.39 acres) Dr. Emcsto Underwood 7S0 Otay Lakes Road, Chula Vista, CA 91910 Tcl: 9619) 421-8742, FAX:(619) 421-8800 call first Assessors Parc:el #/: 640-293-06, (1.03 acres) MikeP.Ibc,PresiMft'. Westcm Dcvc:oD.IDc. 9645 Granite Ridge Drive, Ste. 170 San Dicao. CA92123 Tel: (619) 277-3331, FAX: (619) 277-1958 AIleS"..... Parc:el #/640-293-04 (3.05 acres) . II T" C" e 1.1,1 ,I r _ ...~+'J;"a /J1A"l.ers 1"'6": vee. M·P',f·7· 't(Ir I"~ - J '1 ~ , Cioti La ......11M5 + t:, -30 , THE em OF CIIVLA VISTA DISCLOStIRE STATEMENT $t............ of disclcmue of œrWD OWDeI'Ihip imerests. paymmII. or CllDlpIÏJD CODtributIom. on all IIIItIen which will require discmiozwy aclion on the pan of !be City CoUIICIl. PlaœID¡ c-ml"lon, IIIId all oIber oft5ciII bodies. 1be foUowiD¡ iDfonDl1ion liliiii be disclosed: . 1. IJsI die umes of 111 perIODS have . fI"...,.;.1 iIIIerest ill Ibe COIIb-.:t. i.e.. CIOIIIrICIOr. 1IJh.....,..cIOr. ateriallUpplier. EDn Partner. No. I Bv: Western Devr.on, Inc., Gener&l Partner 2. If any pcnOII ideDtified pumIIIIt to (1) Ibove iI I ~rldOD or puIDenhip. Jilt Ibe _ of all IDdividuals OWIIÏII¡ more dwt 10" of die IIwa In!be corporadon or OWIIÏII¡ any Þ'ltue.1hIp iDIci'est In Ibe pummllip. Mike lbe .1'nhn Thê 3. If any pcnOII identified purI1IIDl to (1) Ibove II non-profil or¡...¡udon or I 1nISt, list Ibe umes of any . . penon serviDau diRctor of the non-profit ora...¡u,lon or IS U\IItee or beDeficlary or: InIItee of Ibe 1nISt. N/A 4. Hive you had more dwt S2SO wonh of bUlIDcss tpn....."'" wI!b any -'- of Ibc City 1tItf. Boards. Commissions. Committees and Council wlthiD !be plStlWe1ve 1DOIIIhs? . . No' 5. Please identify each and ~cr.j pcnOII, iDcIudiD¡ any ..ents, employees, œDSUItIDts or iPd'Y""-t CODU'lCton who you have aui¡ned to repraan you before !be City iD this 1DI1ter. . Gaty C,;,J," 6. Have you and/or your offlCCl'S or ..ents, ill die aiire¡ate. OODtrihuted more dwt $1,000 to I Council member In !be current or ~;'II election period? Yes ( ] No Ie] If yes, .1IJtC which Council member(s): . "'-elodollDodu: ·Mj<...ividlW,IIIm.....-nb!P.jDIIII-. .. ..lDCioIcIub.a-....i . "- _..... I':r_. ...... ...... oyIIIica, 1IIiI..., IIIY.....~. CÏI)' ...,~. ciI)", -....."IJ......... .....poIIIioII-. -lIlY..... JIIUP . [1 ..ñ,....~ac:dDI.I 8it.. CNCrŒ: ADela ...u~.1......~) DMC: Nove~her 7. 1995 ~L~~ Si¡DltUre of CODU_/applic:llli f.4i~__ The. Prtt~il1ø"t: of Wel!li:ern Devr:on; Inc. PriDI or type _ of c:amnctor/applicaDt DC:.:IIIOMEIPI.AII1IINGISTOUDIIClZI·A.nllf. ICI2II.t:I)Jd. Jr11J.t:lJ-r;: .,..- - "'11 (¿; -3/ " THE CITY OF CBVLA VlSl'A DISCLOSUIIE STATEMENT Sta1emf"\ of disclosure of cenain owœrship iDlerats, payments, or campaipl CODUibutiOllS, OD all IIIItIm which wI1I require cIiscTeliOlW)' 1CtÌ0D OD the pan of the City CouIIcil, PIamIiD¡ Comm;··ion, mid all other official bodies. TIle fOllowiD¡ infOrmatiOD must be diIclosed: . 1. List the IIImeI of all perIODS have a f\ft.",.¡.1 iIIIaest Últhe COIIIrICt, i.e., 1XIDII'ICIOl, lUll ,,"...&or, material tier. paci~ Southwest Association of REALTORS·, Inc. 2. If auy penon ideDùfied purIIIIIIt 10 (1) Ibove b a CiOIpOI'IIÌQII or pIIUImhip. Jilt the - of all IDdividuals OWIIÍII¡ more than 101 of the Ihares Últhe CiOIpOlIIÎOD or OWIIÍII¡ IØ'J þW b..nhip iIIIaest ÚI the panDenbIp. 3. If auy penon identiflCCl purIIIIIIIIO (1) Ibove b DOD-profil or¡~;'oriOD or a UUSI. Jilt the IIImeI of auy '. person mvinl as direl:lor of the Don-profilor¡IDizatiOD or as IrIISIeC or beDcficialy or IrIISIeC of the INSI. -ßuilding Trustees. Boárd of Directors (Exhibit A) 4. Have you had more than $250 wonh of business traDSICIed with IØ'J meœ\)PT of the Cüy 1Iafr. BoIrds, Commissions, Comminees and Council wilhiD the puttwelve months? ' No . 5. Please identify each and every person, iDc1ucliD¡ IØ'J &lents, employees. CODSU1I&11ts or iDdep-d_\ contraCtors who you have assigned 10 represent you before the City in this maaer. . 6"(). y' 1 CIJII:¡"( 6. Have you mellor your officers or &leIIIS, in the aure¡ate, CODUibtllecl more than $1.000 10 . CouIIcil member ill the currenl or precediD¡ election period? Yes ( ) No (X'J If yes. ~ which CouIIcil member(s): . .... II dcftMd u: -NIt lDdividulJ. &111. ........... ~. If lallnø. JOCIIJ cIDb. fIa1InIII WI. . .c- _.~ ~ -. ...... ....Im-, .,.,.s;.a.1IoiI1IId l1li)' __, CÏI>" IIId _,diy, . Iro'it)', - ..-...- ---'''IIII)'-pIIIP .. ~ÌIIIÌOD ICIiDa u . 1IIIit.' Dale: 11/7/95 (NOD: _...... 'pqau-')') Sipwure of ou4UlCIor/app Mark G. Marchana Prim or type _ of OODIrICIOr/.pplit:allt WPC:F:IltONE\PLAIININGlSTDIEDltœl......QJI&f. ICIIO.9:I)tJI&f. 1QZ2.9:I) 'Yé'" ....11 £'-3.:L '!HE crry OF anJ1.A VISTA DISa.DSURE STA'ŒMENT Vou Ire required 10 file . 51alement of Disclosure of ccnlin ownership or financial In leresIS, paymenlS. or campaign cnntribuliollS, on III mallen which will require dis4:rellonary Iclion on the pan of the aty Council, Pllnnlnl CommissIon, Ind her official bodies. The following Informalion must be dlscI05Cd: 1. UsI tbe names of III persons bavlng a financlll Interesl in tbe propeny wblch Is tbe lubjec:l of tbe IppllCltlon or the conlract, e.g.. owner. IppliClnl. contflctor, lubconlrlctor. material supplier. '. I?..J:..... 5c¡vlhw.slll~,..J._ ./ P&í9¿n;'Ls, 1-.... 2. Ihny person" Identified pursulnt to (I) lbove Is I corporation or pannersblp. Ilsllhe nlmes of III indMdUlIs owning more tban 10'11> of Ihe sharcs In tbe corpofllion or owninl Iny pannership InlerCSI In tbe pannersblp. 3. If Iny person" idenlified pursuant to (1) lbove is non-profil orpnlzallon or I trusl. lisl tbe nlmes of Iny person serving IS direc:lor or Ihe non-profil organization or IS trUSlce or benellciary or trustor of tbe trusL Ru 1,./,"3 7';vsluJ I'J'¡'~'" ¡;;'¡,.t.l- 1<1 &"..,) .l D,'u!cw I'J/...I.~ ... Have you had more than S2S0 warlh of busines.\ transacted witb Iny member of Ihe City starr, Boards, Commissions. Commillees.lnd Council within Ihe plSllwclvc monlhs? Yes_ N0A If yes. please indiClle person(s): 5. Please idenlify each ind every person, Includinglny IgenlS, employees, consullanls. or Independenl contflctors wbo you bave assigned 10 represenl you berore Ihc City In this mailer. G"I 1''( C¡I1~' - , 6. Hive you Ind/Or your officers or IgcnlS. In Ihe 11I?t:le, conlrlbulecl more tban SI.ooo 10 I Coundlmember II the curren I or prece4ing election period? Yes_ No If yea. Stile wbich CouncJlmember(s): Date: ~ As- ."(1'0'110 --....·~I,~ ., SiJDIlure C't'r.!JoppIlQllt m..r,l, b. n?,,~h,.,.,d Prinl or type name of conlflctOr/lpplicanl " lIœ!!1å *f/M4 u; "....." ~f/mI, ...,_wnlUp, jøiIII- _-.._w cW,~ ......1iuIi....1tJfIO'..... - -............... lIIiIad.".." CGIIfII)', dO''' COUIUP)j dO' lftIUtic:ipøIU)', ~ .... ÞOliIit1ll-·.L~':""" ., My'" ,., ., ......,.:- -..."'. I I - r - 6-,33 EXHIBIT A Building Trustees: Davi d Wil son Tom Money Mitch Compton Wayne Ansley' Art Ruiz Isabel Hall Mark G. Marchand Board of Directors: Mitch Compton Wayne Ansley Suzanne Yavorsky Davi d Wil son Greg Dil 1 on Toby O'Malley Jeri Vanderpool Diane Canedo Patty Davis Chris Lewis Armida M. Del Campo Art Ruiz Jon Miller Isabel Hall Phyll is Gritts CL Vinson Ben Ruff ". . - c- " ..... 6-.3-'/- - . ..' 'I1-Œ ern' OF aruJ..A·VlSTA DJSQ.OSURE STA'n!MENT Yuu Ire required to file . Slatement uf Disclosure of cenl!n ownership or nnlnclal Intercsts, payments, or campaign contrlhullolIS, on III mailers which will require discretional)' aClion on Ihe pan of Ihe Cily Council, Plannlna Commission, Ind ,Ier official bodics. The following information musl be discl06C4: 1. Ust the DImes of III persons havina I finlnclallnlerest In Ihe propeny wbicb Is tbe subject of the IppllcatlOD or the contract, 1.1., owner, Ipplicant, contrattor, subalntrlttor, DIIterialsupplier. )' P fVº- \ D. ~ýì tV ç _ KiC~(l u\ "h....P{j nU)_ 2. Ulny person· identified pursuant to (I) lbove Is I corporal ion or pannersblp, list tbe nlmes of III IIIdlviduals ownlDI more Iban 10% of Ibe sbarcs in Ihe corporation ur ownin¡ Iny pannersbip intercst In the panDersblp. Nf'\"\P, 3. If Iny person· Identined pursuant 10 (I) lbove Is non-profil or¡anlz.ation or I Irust, list tbe Dimes of Iny persoD servin¡1S director of Ibe non-pronl Or¡aDlz.alion or IS trustee or benellciary or trustor of tbe trUSL _ÑO\-0e.. .c. Have)'Ou bad more Iban S2S0 wonb of busincs.\ lransacted witb any member of tbe City stlrr, Boards, Commissions, Commlttees,lnd Council wilbin Ibe PlSllwclve monlhs? Yes_ No_ If yes, please Indicale persoD(S): s. Please identify eacb ¡nd every person. Intludln¡lny I¡ents, employees. consulllnts, or IIIdependent contrattors who you bave assianed 10 represent you before Ibe ClIY In Ibis mltter. . ÛP¡}¡' Gary . , 6. Hive )'Ou Ind/Or )'Our officers or I¡ents, In tbe a"r~ate, contributed more lban $1,000 to I Oouncllmember III tbe current or prccedin¡ elccliun period? Yes_ No If yu, stile wbicll Coundlmember(s): Dale: ~ ð7J-' ;2 f. · · · (Nom Attadllddltioul,.~ /'fqj . tm!!!!1r*fJnM tø: "ÁIIJ'ItuIiIÜlUJl,ft/r... ..""-;',jo/III_ --.. øcIM.....Þ-W ...,.·'r-".... """"...... _ _........ ".f'-.... II1II._.., 0IIw -...y, c/Iy _ ......11)1, c/Iy lUllkipoJi1y, oIiøitr,,,,OIIw f'O/iIiclll...........",..,.... _", -....-'- · .t!4-·"'" ~, :L- 0 -35 . THE CITY OF CIIVLA VlSl'A DISCLOSURE STATEMENT 5111=-1 of disclosure of cenaiD owaenhip Imerests, paymaIII, or camplÌJD CODtributiODS, on alllIII1IerS which wID require discretiOlW)' won on the pan of Ibe City CouDdI. PIatmiD¡ CO......i..ion. ...s all other official bodies. The foUowiD¡ iDfomwion IIIIISI be disclosed: . ) I. LIst !be ames of all peI'IOIIIlIave . fi.....M'!! iDIaat in die CODIIICI. i.e.. .,.,.a¡~. 1Ubc::cmtrIt:to. materi~ suppli . ~p.V1rf'i 1:>. Dril'1(P. 2. If IDY pmoII ideDtified pumIIIIt 10 (1) Ibove Is . ~on or putDenIIip. lilt die __ of all tDdividuals OWIIÍD¡ more tbaIIIO" of the IIwa in!be corporation or OWIIÍD¡ 111)' panDerIbip iDIaat in die P~\J f 3. If lilY pmoII ideIItified pursuant 10 (1) above Is DOn-profit ora~..;..'ion or . tnISt, list !be __ of IDY , . penOD servin~ IS director of Ibe DOn-profit ora"';u';on or IS ttustee or beneficluy or InIItee of die InIIt. 10 0 \.:.¡; ... Have you had more tbaII 5250 wonh of blllÍllesl traDSICted with lilY member of tbe City iliff, Boanis, COmmissio~, Committees and COlIIICiI within Ibe past twelve 1IIOIIths? ' Ñü . S. Please identify adI IDd evei)' pmoII, iDc1udiD¡ 111)' IIlntl, employees, COIIIII1t111tS or iDdepeDdenl CODtraCton who you bave assillÌed 10 represenl you before Ibe City in Ibis maner. ' ~o..V'1 C/l1h" 6. Have you and/or your officers Or lIentl. in the aUreaale. CODtributed more IbID 51.000 10 . CoImcil member in Ibe cumnt or JII"e"""';"a eIeaion period? Yes [ ] No [)(J If yea, ~ which CoImcil member(s): . . JIInøD II dcftDed u: -ÑI1-.JiYiduIl. firm. co-panDIIIbip.joiaI.-øI. HIC rll~ IDCiIJ club. f1un114h. . .I..~. -r.A . ".-. ......_'-.1) ·'-'o.dlillIIIIlII)'_CCIUIII)'.citylllll~.city. "1 III)o.dilalClor"poIIIioaI~orlll)'''lfIIIIP . nllt__1CCÏIII U I UDiL . Date: /1-.;7/- tY.r ~//##¿/L -i~ of c:ODtI'ICIOr/appl;~....t " :YPl"relJLf("ìnl P. I 11, "tAt:.. el ;k/i1~ . Print or type DIme of c:ODtI'ICIOr/applicam (NOTE: ÂIICb .....:..:__1 ..... -..ry) WPC:F:\IIOMEIPLANNIMGII1OIIED\IGZI-A.nlld. IGZO.93)(Iof. 1022.93) ~ _ J . r 6-00 , Pa¡e 11 . 1HE CITY OF ann.... VISTA DISQ.OSURE STA'ŒMENT Yuu Ire required to file . Slalemenl uf Disclosure of ¡Crlaln ownership or finanelal Inlcrc5IS, paymenll, or campal,n conlrlhullons, un all mailers which will require dilcrclionary IClion on Ihe parI uC Ihe City Council, Piannlna Commilslon,lnd III Qlher official bodies. The fOllowina informallon musl be disclosed: 1. UsI Ihe names oC 111 persons havIn, a financlallnterc51 in Ihe propeny whlcb Is the subjecl of the applIcation or the colllracl, e.I., owner, applicalll, contraClor, subcolltraClor, mat,erial supplIer. . . çc) (cJVhÞrI lêw , 2. If IllY persoll· idell\lfied pursualllto (I) lbove is I corporallol1 or pannership.lisllhe names DC III IndMcluaIs ownlnl more thlll 10% oC Ihe shares III Ihe corporalloll ur owninl allY panllership IlIterC6lll1lhe pannershlp. "'/¡)~i' 3. If Iny person· Idenliiicd pursuant 10 (I) above is non.pronl orpnlzalloll or I Irust, list the names DC IllY person serving as direclor oC the lIon-profil orlalllzalion or as IrUSICC or benetlclary or lrustor onbe trusL "/0,.)6 ... Have you bad more than S2S0 worlh oC busines.~ lrallS8C1ed wilh any meX%í0c the City starr, Boards, Commissions. Commillccs, alld Council wilhill Ihe pasllwclve monlhs? Ycs_ No C yes, please IDdicale person(s): 5. Please identify each ¡nd every person, IlIcludlng allY agenlS, employees, consultanl5, or IlIdependellt contraClon who you have assigned 10 represellt you beCore thc Cily III this matter. & Vi C-t ",;h- I . , . 6. Have you IlId/Or your officcr¡ or agelllS, III the aureaale, colllrlbuted more thall Sl,ooo 10 I Coundlmember In tbe currenl or precedillg elcctioll period? Yes_ N0-Xlfyes, state wbich Coullcllmember(s): · · · (NO'œ: AtIaCb addltioaal pa,. . ...... -z /Z-- Sigllature 01 conlractor/lppUcant {'ù 141"''''''''' ' Print or type lIame DC CXlntractor/lpplicaDt "...- Dall::--';- 2-/~ '1) . fmœü4lftM4/Ø: "Any -.......fImo, c".,-vnJûp, jtJitII_. _iadaot, _1iJI dub,Þ-J -.,- ¡"0M, ..ðIpOI..... - -......, "......... 1ItiI.1II .." .." MØII)\ âIJI- _III)", âIJI-ucipoJily, ~ "'.." pøli1k1ll ..wn...... '" .." .." """ "'...... J ,.......-" -, J-- &, -..3 7 '. . . THE CITY OF CBUI:A VlSl'A DISCLOSURE srATEMENT SWcmcDt of disclosure of certain 0WDmhip imerests, payIIICDIS, or Cllllplilll cOlltributlOlll, OD III _en which wi1I require cliscretiOlW)' COD OD Ibe pan of Ibe City CoImcil, PIImIiD¡ CommiuiOD, ad III oIber official bodies. The foDoWÜl¡ iDformatiOD must be disclosed: . 1. List Ibe _ of III perIODS have . fin""';., iIIIerat ill Ibe CODtraCt, i.e.. .....&.JM. lP~r. materialJUpPlier. Ç'j)Lo~b"" Lev?' / 2. If lilY penoD idaltitied pumIIIIl to (1) above is . oMjIOrllÏOD or partDenhip, JiJt die - of all iDdividuals 0WIIiD& more 1II1II10" of Ibe Ihara ill Ibe corporatiOD or 0WIIiD& 111)' partDenhip iIIIerat ill die partDmhip. ,.If) ,J I 3. If lilY penon IdeDlified pumIIIIt to (1) above is IIOD-ptotit or¡lIIizatiOD or . trust, JiJt die _ of lilY , , penon serviDg as clirector of Ibe IIOD-ptotil org...iu';1)II or as tr1ISIee or beDefic:luy or tr1ISIee of Ibe trUSt. \I.' .It .. Hive you had more 1II1II $250 wonh of bllsiDess trIIISICIed wilb 111)' IIICIIIber of Ibe City lUff. Boards, Commissions, Comminees IIId CouDcil wilhiD Ibe pasl rweIve DIOIIW? ' r;Jn . 5. Please idmlify each and tvay penon, iDcIudin¡ lilY 11mb, employees, CIOIISIIltllllS or iI>"'V""~1 contraetors who you have assigned 10 represenl you before Ibe City ill this 1III!Ier. . G-a ''1 C¡i,'+ . 6. Hive you IIId/or your officers or IICDIS, ill die liiregate, CODtributed more 1II1II $1,000 10 . Council member ill Ibe current or pr--li"g election period? Yes ( ] No i(f If ya, ~ which CouDcil member(s): .' . 1'InoD" dcfiDId u: -My lDdiYidu&l, tinD. ......nbip.jDIDI......, T . "-.1DdIJ dub............ la~....... -~..-. InIII, ...mer. oyad......1bIs UId fIII1 0IIIer~.. UId~... . t ."'. diItriot or OIIIerpolllioll MdIrioioD. or fIII1 OIlIer IftIIIII or _w-90D aeciDa u . aiL· (NOTE: _...... · JIIICI u-')') , Date: .II- 2/- q) é:v. Si¡nature of .-I>AClM/applic:lllt ,>¡)Wft'J)~ ' PriDt or !)'pC _ of lapplic:llll WPC,F,IIIONElPLAHNING\STOUDUIIU.A.9.1a.1. 11IZD.93)JIf. 11IZ2.93) ~o Pqell 0-3S . . R.D.R. INVESTORS THE crry OF 0iU1Á VISTA DJSQ.OSURE STA1!!MEm' You Ire required 10 me: . Slale:me:nl of Dise:lœure: of œrlaln owne:rshlp or flnane:lal InlC:rcsts, payme:nts, or campal¡n conlrlbullllns, on III millers which will require: discre:llonary lellon on IlIe pan or IlIe Clly Council, Plannln. CommlssloD, Ind III olher offic:ial bodie:¡. ']'be following informallon musl be di5c:I05cd: I. UsI the Dimes of III persons having a flnlne:llllnleresl In Ihe propeny which Is Ihe subJecl of the IppllcalloD or tbe conlracl, Col., owner, Ipplicanl, conlractor, subcontrlctor, malerillsuppIler. See attached list. 2. If Iny person· Idenllfied pursuanllo (I) Ibove Is I corporation or pannerslllp, 1Islllle Dimes or IIIIndlYldUlII ownln. more tban 10% of Ihe shares In Ihe: c:orporalion or owning any pannership Inlereslln the parlnerslllp. See above. 3. If Iny person' ide:ntified pursuant 10 (I) lbove Is non-profil organlzallon or I lrust, IIsI tbe nlma of Iny penon seMnl1S direclor of the non-profil organizallon or IS truslee or benellclary or truslor of Ibe trusL N/A 4. Hive you bad more Ihan S250 worlh of busines.\ transaeled wllb Iny member of Ibc Clly slarr, Boards, Commissions, Commlllees, Ind Council within Ibe pasllwelve: monlhs? Yes_ NoL If yes, please indica Ie person(s): 5. Please Ide:ntify each ind every person, Ineludinllny Ilents, employees. consulllnls. or Independenl conlractors wbo you have assigned 10 represcnl you berore the Clly In Ihls mailer. Cmii G~Y",! . , 6. Have you Indlor your officers or Igcnts, in IlIe aurelale, contribuled more tbln $1.000 to I CoullCllmember In tile currenl or precedlnl election period? Yes_ No..L If yea, slale wlllell Councllmember(s): · · · (Nom Atudl 8ddI1ioIIII ,... . ..... Date: WnvpmhPT 21 1.99'; Mi~hAP.' A Vno~ M.n.o~ftv r.Aft6¥a' VD~~ftar Prlnl or type Dime of conlractorlappIlcaDt . tmœ;, ~.... "All)' indi..-.I. ftmo, ....I<IIfIWnhip, joittI_ _iØoII,lØCÌ/I/ cW,""'" ......¡/aoIi.... ...,....... -......,...". ..,...uc... IIIiI.III My .." ......." âI)' -.III -...y, âI)' _.~, ~~ ", "., potiå.1II ,.'OW..... ", My "., ,., ", ",,1IbiaMI0If .....,. · ...." 1~ 6-¿~, : R.D.R. INVESTORS ~ PARTNER (A) James L. and Sandra R. courtney (B) Daniel J. Courtney (C) Renneth G. Weimer (D) Harold P. Friedland Trust (E) Harold E. Schauer, Jr. and Evelyn F. Shauer (F) Michael A. Vogt and Rellie J. Vogt (G) Vogt Family Trust (H) Bradley C. and Mark A. willoughby ~ k\WDŒ\JU)J\JNV .LIT .¡o;; " -- I li - . ,. 0-4lJ . . .' LOT 27 LAND PARTNERS THE em OF CBVLA VISTA DISCLOSVRE Sl'A'I'EMENT Sill-lOr diJcJosure or cenaiD OWDCnhip iDIerests, paymeIIU, or c:ampaiJD CODttibutions, œ III manen which will nquirc discretiOlW)' lCÛon œ the put or the City CouDcI1, PIaImID¡ Commiuion.1Dd III 0Iber ofticIaI bodies. 1be roUowiD¡ iDformatiœ IIIIISI be diJcJoscd: . 1. Ust the _ or III perIOas !lave a fi.....riol iDtaat in the CODtrICt. i.e.. ..wb..tor, IUb ....-.:tor. IIIItCriall1llplier . See attached list. 2. If III)' perIOD ideDtified pumIIIII to (1) above is a CXIIpO[lI1œ or panDmhlp, lilt the _ or III illdividuals OWIIÍDI more IbID 10S or the IbIres ill the COIpOfIIiœ or OWDÍII¡III)' parIDerIbip iDtaat ill Ibe putDerlhip. See above. 3. Ir any perIOD identified pum¡Ìnt to (I) Ibove is DOn-profit ora",;"'iœ or a 1rUSt, lilt the _ or any . person serviII¡ as direaor or the DOn-profit or¡",iu'ion or as UtISIee or bCncfiçWy or UtISIee or !be UllSt. N/A ... Hive you bid more IbID $250 wonh of business trIII""'ed wilb III)' _'- or the City iliff, Boards, Commissions. Committees and Council within Ibe past twelve months? . ' No. ' 5. Please identify each and every person. includin¡ any lIenlS, employees. CODI1III1D1S or iDdependent contractors who you have wiJDed to represent you before Ibe City iD Ibis matter. ' Gar,": t':lh-l1' 6. Hive you IDd/or your officers or lIeDlS, ill Ibe aaire¡ate. contn'bu!ed more Iban $1.000 to a Council IllClllber ill Ibe current or precedin¡ eJection period? Yes ( J No (XJ If yes. ~ which Council member(I): . ....... II *'- u: . Ñlylodivldual. film. ......-nblp. DiD! _, I..... IDCIoI club. "--I............. -..... ... -, ..... ...nu,I)'IIIIicaa."IIIIIIII)'OIborOOUlll)'.ciIy II1II OOUIII)'. cIIy. --.....IiI¥.diIIriI:I..OIborpollliool . r..· "1II)'0Ib0r1ftlllP . ., ÑwI...... U . aaIt. . ~: Nnvp-mh_r 21. 1995 (JIIO'IE: -.II....~ -'..... u_) MirhAP1 A Vnot MAnAoino General Partner Print or type DIllIe or conøactor/appliClDt WPC:F:\IIOMEIPLANNING\S'rOUD\IOZI.A.na.!. IG2II.93)(Jof. ICIZ2.93) _.21 r.: b-¥/ -. PIle II .' '. .' . LOT 27 LAND PARTNERS . . PARTNER (A) James L. and Sandra K. courtney (B) Daniel J. courtney (C) Kenneth G. Weimer (D) Harold E. Schauer, Jr. and Evelyn F. Shauer (E) Michael A. Voqt and Kellie J. Voqt (F) Voqt Family Trust (G) Bradley C. and Mark A. Willouqhby (H) DJS Partners (I) Siqntech Electrical Advertisinq, Inc. (J) James E. and Mary E. PendletOn (K) Horst and BaerÞel Tempel ~6-/j1 1t1/ .' k\UIKB\LOTIf.L8T "I1iE CnY OF aiUlÂ VISTA DJSa..OSURE STATEMENJ' v·"' arc required to file a Stalement of Dlsdosure of cenaln ownerShip or financial Interests, paymenll, or eam I :lbuliulI$, on all mailers which will require discretional)' aalon on the pan of the City Counell, Ptannln. ContmlssIO:.~ all other official bodies. The followin¡lnformation must be disclO5cd: 1. . . 2. 3. 4. 5. 6. Ustthe Dimes of all persons havln¡a finandallnterestln the propcny which Is the subject of the appUcatlon or the contract, Col" owner, applicant, contractor, subcontractor, material supplier. _B\'I'\4!..rlo UwlovLLWd If any penon" Identllied punuantto (I) above Is a corporation or pannershlp, list the names of all Individuals 0WII1n¡ more than I~ of the shares In the corporation or ownin¡ any pannenhip Interest In the pannership. If any person" Idenlified pursuanl to (I) above·1s non-profil orpnization or a trust, list the Dimes of any person servln¡ as director of the non-profil orpnization or as trustee or benellclary or trustor of the trusL . Have you had more than S2S0 wonh of business transacted with any member of the Oty starr, Boards, Commissions, Committees, and Council within the past twelvc months? Yes_ No_ If yes, please Indicate penon(s): . Please Ic!entif)' each ¡nd eYery persoll, iDcludin¡any a¡ents, employees, consultanl5, or Independent contractors who you haÝe 'assi¡n~Jo represent you before the Oly In this matter. . ' , cln+i ..-' . _Gø.ñ{ Have you and/Or your officers or a¡cnlS,ln the .¡¡re¡ate, contributed more than SI,OOO to a Councilmember Ûlthe cunent or precedln, election period? Yes~ No~ If yes, IIIte whidl Councllmember(s): · · · (N0'J1!: At&8da IddltioIIaI .... . ... Date: 1'-/.1.1 Q$ orlapp\icallt E""'~6tc) Unc!eY"ý,/Døc:t Print or type name of CiOntractorlappUcant , . " fm!!!¡ ù~ III: .....,. W.w...J, fImo, co ,JrIIV1JIúp. joiN _ .., ,'-~..... _iIII....."..........iIMIi<M, ÌOfJ'O'..... -. _,...... .".i'·.... lIIiI.uI ..,... CGUII/)', cIJy _ CMIUIy, cIJy munkipøIily,lIiIÑI, fit ... politkel p·W'"'oI..... fit .., - ,.,." fit ~ .....,. · .... . - L /_ _ //..-'1 . -, V..J 'T øG- '. . . -' . - THE CITY OF CIItJLA VlSl'A DISCLOSUlŒ STATEMENT StaI--t of disclosure of œnaiII 0WDenhIp interests. paymc:tIIS. OJ' campalp cOIIttibuûODl. 011 all matters which will require discmiOlW)' KlÌOII 011 !be pan of the City CoImciI. P1ItmiD& 0-...1..;011, IIId all otber official bodies. 1be following lDfol'llllliOllIlllllt be diIcIosed: . 1. lJst die _ of all per-.1Iave a tlft""';o' iDIaat ill tbe CODtIoICt. ie.. ......uII;_. 1IJt-c·.,·I·actor. I1111eria1I1.IpIIier . Bvl'le.-I£.j t....A1WWt:J(')d 2. If III)' perIOD "'_fi'll! purIIIIIII to (I) above Is a corponIIOD or pII1DmhIp. babe _ of aU Individuals OWII!II¡ more Ibm 101 of Ibe Ihares ill Ibe COIpOntiOD or OWDÍII¡ III)' p&nIIUIh!p iDtaest ill the pIlUIeZIhip. . 3. If my persoD identified punuaIII to (1) above Is DOII·profit or¡lIIizatiOD or a tnIst. list the _ of III)' '. persoD aerviDg IS direc:tor of Ibe DOn·profit orpnizatiOD or IS IrUIIee or beDrficluy or IrUIIee of Ibe ttult. - 4. Have you bad more Ibm S2SO worth of business _......o=cI with III)' -~ of Ibe City &tiff. Boards. CommiJsicms. Commi~ and Co1IIICi1 wiIhiII !be past twc1ve 1IIOIIIhs? . 5. Please identify ach &Del ~ery penon. iDcludiD& III)' qatlS. employeea. 00DIII1t111t1 or Ind~....t _tractOR who you have assiped to repllSClll you before Ibe City in dIis maaer. . (;,4"'1 ~1·a1ti 6. ;'Uave you and/or your offiœn or IpIIts. in the aaireclle. œmn"buted more dIaD $1.000 to a Co1IIICi1 . 'member Ïii Ihe t:IImDI or ~;'!I e1ecliOll period? Yes [ ) No P<I If yes.1lJ1.C which Co1IIICi1 ~~~: . ...... dcfiIIod..: 0lozq IDdIoU_1 tInII.. ,1I_lIIldp.joIIII_ ..... -mr.IJIIdIoa1I.11da IIIII IIQ'............,..IIIII......,... . .. ...........aIL· , (NO'IE: ~....... ·.....8Ioaou7l 1DCiIJ............ . . ~u 6O_-.e. . '. ,1I>.diIaIt:I.......palllialllIiWI.. ' .&IIJ......poap Date: ~ Si¡uture - . E.t'ne$1c Undu-wøød Print or type name of CODtI_/çpliclllt WPc::F:\IIONEIPLANNlNGISIOItEDUClZI-A.ftW.IIIIO.93)(bf. 1012.93) . -~ ¿;"-~$ Paael1 ~ih'l ~ '¡-t ( 't ~ EAST "H" STREET PROJECT LOCATION . CHULA VISTA PLANNING DEPARTMENT LOCATOR ~, Ontl Land Plannmll I'ItOJ!CT coarmoN: C) INITIAL STUDY I'ROJ!Cf laatem IM'rtlon of "D, R. Request: The proposed project combines the uisting ADDQS$: Busl_ Center EP.10 ond EP.1 blond use distrid regulolioN into 0 SCAlf: fIL! NUMBER: single EP- 1 designolion. NORTH No Scale 15-96-11 ~e /j?::> /t-"!V ~ , Ilf'( -. - 0 ~\h)o',+ \ b i b ~ ~ , I I , I I ~-) l -" r \ r ...... \ I ) """"-' -! "-.-J ..---¡ \ i \ \ ) / i \ i \ i IUI1\ qn ! \ ! I II I 1~0 \ \ . \ lei) \- 1ë:i5 I -I .i \ Æ! ¡ I \ ¡ - / . ./ B / . ./ \ /' '. I '\~ , ......- ,. ',." '-" r i I I i ~ . .,. ~ .l. til ~ P l ~ i ;. ddl Eli! I i I ! I It; ~ IIIII ill. l r grL i HTE I mill0 ~- ' 0-5ZJ/'-1~~ ,-~ III Uð,,'1 tiS r a!E) ¡:¡ - w ¡¡ eî B B~ & §~ II f~~'I~'I+ ~ PCM-96-14/IS-96-11 CHAFl'ER IX: BUSINESS CENTER DISTRICT CHAFI'ER IX-A: EMPLOYMENT PARK DISTRICTS IX-A.O Purpose In addition to the objectives outlined in Chapter vn, the Employment Park Districts life I included to provide for a quality working environment and to achieve a harmonious mixture öf uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, . service , research and development, engineering, wholesale, and limited retail trade. In addition, the Employment Park District&-ilfe i$ structured to advance the following objectives: ,.~:<.: To reserve appropriately located areas for industrial use and proteCt these areas from intrusion by dwellings and other non-harmonious uses; To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation and other hazards incidental to certain industrial IIBEIlII:Itemeèile service/repair activities; To promote sufficient open space around industria1 structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential districts; To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them; and, To promote high standards of site planning, architecture and landscape design for ~ I~ industrial and commercial developments within the City of Chula Vista. Ir. Em 10 eat Park UiiîitèdIndustrial/Office District (EP-!A) P ym """"""""""" ~ development standards. _fJ:1 ~ 6~54- RDR SPA I Amendment Page #2 IX-A.! PERMITl'ED AND CONDmONAL USES The following uses shall be permitted uses where the symbol ·P" appears and shall be ~ EP4A - t\~t~ Industrial/Office District .;·;,;v:·»;·;·;·:·'·;·;·;·;·:·;·:'; BP 18 lMasHial DiMfiet LAND USE LA..ND Y8"E ~I\'_ DISTRICT EP-M 1ZP IB A. Manufacturing 1. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following 1_11:,1' previously prepared typical materials; SlieR as canvas, cellophane. cloth; cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi-precious stones or metals, plaster, plastics, shells, texû1es, tobacco, wood, and yearns; novelty items (not including fireworks or other explosive type items) ep'.""""."."" .,::.;.:.:.,.;.,.;.;. ;.;.:th1Ht p 2. 1~'9~))!!liil~.JY:i!9f Eleæieal ª~l and related partst; electricaïäppliances,motors i..Jilliill!.' ïelevisiea, . . . nl'ksøègraplt . eEl eemp1Hef9 ;I@;'Felectronic Precision ,,"';';""" instruments;'''medica1 and dental instruments; timing and measuring instruments; audio machinery; visual machinery; ea3æeâes, dfugs, ,eJ#æne3, teiletåes and Baal' ~8t iBeltldiftg refœiBg er reaåePiBg af fat 8f ails) P p -~- 0-5.5 RDR SPA I Amendment Page #3 LAND USE ~!!~IStRIcr Ef:::1:A Ef:iB ~ -.- ~ fill 3-:4'!@%)<urniture UPholstering ·~;~!i::::'B;M: NIl!!;;' p "$"""""W;R' bbe and or." ,',.,',',','.'. u r . :·..:#t~~:t:;: ""manufacturing metal stamp p p ~ìj¡ì.~;l~ chemicaI1riÇit¢b_nð 6-:-7liIMLaboratories. dental, electrical, F..........······,····· ,.'" '''optical, mechanical and medical NO""""""" .":,.,-:.,-:::-:.:.:.: :.:.>:::;.:.;.:...:::.... G p p 7.§¡I:¡~~_~ eJll':':~~i:¥! electronic testing and mechanical p p &.!¡¡í¡¡¡IMachine shop and sheet metal shop 9:-!Q¡,Ij¡Plastics and other synthetics "",..,.,. manufacturing N p c G B. Storage and Wholesale Trades 1. Mini-storage:, Jlli1!lie 9tßfIIge &fit! &te¡:age w8J"t!h.eøses ..TW",':o:" "!Ùtt~; p 3. ;;~@¡_~¡Î!=IP~ - N p 2. f! ~;f-:'"' /:;-56 RDR SPA I Amendment Page #4 ~ND USE ~~ØK DI' RICT ··,····,·,·,·,··,',··,···,·,··'Ern··,···,···,···,··,·,····,·,·'J~:ï)·'·lB SJ' LAND USE 3. 4. !. BllildiBg æø.1erials ed 1I:1røèer 8teæge j-HElS B:BEI aT eSBtHeter's ~ N c; BllildiBg Equipment sales and rentals C c; PIIèlie IIftå på..-ate èliildiBg material 881es yaFås, gefViee yarås, steFl~ge yaršs, aftEI eElUiluøeBt ææal N p 6. Mifter atHe I!fll;r (moved to Sect. C) ÞI C =h~\;;¡'¡'!!~Š~;~,P!i~!!!IH!! di!lffièllting epeflltiellS N<:!i :-;...;.:.,.:.:.>:-..:.,.:. c; c. Service and Commercial 1. Animal hospital and veterinary clinic and/or office C N 2. ïi¡i.¡~III~1 c; NQ/ 2. :\utemehile øød/er truelE serviees þi[ C 3. Blueprinting and photocopying p p 4. Cleaning and dyeing plant N c;; s. Eating and drinking establishments: a. Restauranti, restauranti with cocktail'íoung~,coffee shop,. and full d~licatesse~ (maÝ' serve alcoholiê ïìi~'¡ii'111J j-i _ 6-57 RDR SPA I Amendment Page #5 ~ T l~p4Ã'~ ¡îi¡¡';¡il:¡lf~lillll¡~,1I .IiI!:li, N b. Refreshment stands & snack bars within a building as Ii i¡~~iiil~!yl¡r¡¡; use. p G ';0~::i;:J~t~~~f:~~:7~~~~~ Iúme wes t office' ' d ~pl~~'.""""'.",~.i'.""""""", '1:q~t1t~" p 8. KenBels [see under Accessory Uses] N c 9.'111iM1Medical and dental offices and .;.:.:.:.,.:.;...:;:¡:...;. ..." "·clinics; medical, optical and dental laboratories, Bef including the manufacture of phannaceutical or other products for general sale or distribution P(1::I; ::.;:;:::;:::.;.;.;.......' N ~ii¡l~ewspaper publishing, printing, and distribution, general printing and' lithography c G H-:9;nijAdrninistrative and executive offices; """"'professionaJ office for lawyers, engineers, architects; fmancial offices including banks, real estate and other general business offices p G 12f(ti.\i!y ether researeh, light ~.....,.~" IB&B\Ifae!UriBg SF ems! øBe -:.iHeIi is dMeffÐÏBed hy the PlItIH!iøg CelBlBissisø t9 he af She 8&IBe geae!'81. eftaft¡Mer as the ahe";e pel'Hl.Hted ¡¡ses [See Section ·G. Unlisted Uses below . p p :>~~ - h-5! RDR SPA I Amendment Page #6 LANIUISE ,.,tW""",,",_ ., . =~~~t;;<:.Atenmnaung serviceS .·.,.w....~w. 1 d""""'^^!nl . d th sal f 'r'f'>liJ!¡n:... ant nursenes an e e 0 ':'.,.:<·o:·:·:·'·~·: related hardware items provided they are clearly incidental and secondary to the plant nursery. Plant nurseries shall be allowed only on the peripheral areas of the EP-I- - 1~~Iñç~, so as to not disrupt the cëiridriülty of the professional and administrative office land uses .¡.sØ¡';R¡¡dio and television broadcasting, --- 16. Retail eemœeæial -:mea Ìft sul'fJ6ft af a l'eftBÎtteà af eeBditisßß} 1:lse [Moved to Section E. Accessory Uses] -!+1?¡1~etail distribution centers and '·""manufactures's outlets which require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers of manufacturer's outlets. Conditional use permit applications for the establishment of retail commercial uses, severed !1ml~ílll!lMl. by the City Council subsequent" to its receipt of recommendations thereon from the Planning Commission """""'~""'"'" ~ N N C N C G C p .1;1:'1:;: G 0-.5'1 - RDR SPA I Amendment Page #7 LAIill....USE ""~"""""""""'~ ~Iïf)t5ale of beer or alcoholic beverages "''''~<for consumption on the premises only where the sale is incidental to the sale of food and accessory to the h&¡iï use ilrì~~æJ¥ D. Public and Semi-Public Uses 1. 2. 3. 4. 5. P G Day nurseries, day care schools and nursery schools C G Educational institutions, public or private including vocational schools C G Post offices and post office tenninals P p Public utility pumping stations, equipment building and installations U,","NN,'N,' nv::'::;';':':';':':': ¿::~n:{:::::: G Recreation, private, semi-private, or commercia1¡~jiªI!'mYi~ C G 6. Public and quasi-public uses appropriate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards and warehouses C G 7. Schooll and studi~ for arts and crafts; photography, music, dance and art galleries, in accordance with the provision of Section 19.58.220 CVMC C G -:JJV- ~-60' RDR SPA I Amendment Page #8 c l-AND USE $PIB E. Accessory Uses 1. Acœssory SIJUCtlIres and uses located on the same lot as Ii pennitted or Ii conditional!)! BR..use ~ p 2. Accessory uses and buildings customarily appurtenant to a pennitted use, such as incidental storage facilities p 3. Conunercial parking lots and parking garages, in accordance with Section 19.62.010 to 19.62.130 CVMC C 4. Incidental services for employees on a site occupied by a pennitted or conditionaltY;,;iì;i¡~~ª use, including '(ïäy···'Cä!e;"·'·'reëreational facilities, showers and locker rooms p 5. Office .condominium p BeMa! J'æetiees 8fJeB t8 *8 pøèlie 8~ 8ft aeeeSS81j' BBe (Bet t8 eJteeed j§ % ef WI .etlll eeml!ineEl fleer &FeB åe"'steå te åeøtel æan1:ifaeæÅBg, laherat8Äe9 &REI MIler Eleøtø.I felated øses, eT 1§% ef WI tetlll bøilEliBg areB ':.'fiiehe·:er is less) [See Sect. C.7] ~tHìì~oof mounted satellite dishes subject to the following standards or conditions: 6. p p a. The dish shall be screened using appropriate matching architectural materials or parapet walls; L ~ ~. eJ'L_ 0-~1 p p ~ p ~ C p RDR SPA I Amendment Page #9 L¿\~ID USE ~LO¥i~NT~ DISTRICT """""""""""""~"""""""""""""'"JfÞ"l~ ,LAND J]SE b. Dishes shall be of a neutral color, mateh!~g the building ~g!:¡\.\~~m~, or as otherWise "approved by the City; c. A building permit shall be Fefluifeè;Ÿm9ig; d. No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. &. !!t"""":"""",,, hman' talc ' I·· 'lr.1\#:@'@wate S or care er s Ivmg "''''''quarters only when incidental to and on the same site as a permitted or conditionaIf""".""".""'riiûiiêa use ",Y"P~L""""""""""""",. p p l,~)¡¡Wholesale business storage or "'warehouse for products of the types permitted to be manufactured in the district p p 1¡]¡¡,¡¡¡I~æ~;¡¡i~~ñ;~mi!i'!;ig ml9iJí~ìW~~~mì~P!9!! l¡xœ~~ìI§ '" ,." !I;j¡;:¡¡;d.ri~~~~=!e~ F. Temporary Uses J! ~.;~, ~ 1. Temporary uses as prescribed in Chapter XI §~i.Biii:II~ p p :1" þ. 6-(p(J.. RDR SPA I Amendment LAND USE Page #10 ~ USE ~~~!!ì;:g~RXC;T Ifæ[1¡¡¡YM~,l$Il~ilî! . geneiåf ï:ïïäîïìcÎëras the above uses. -- IX-A.2 PROPERTY DEVELOPMENT STANDARDS - EMPLOYMENT PARK The following property development standards apply to all land and buildings other than accessory buildings authorized in this district. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 10,000 square feet. A. General Requirements' The following requirements are minimums unless otherwise stated: Develomnent Standard 1. Lot area, net sq. ft. (ooo'S)1 ÙIRà Us~~!ffff:li*District 40 4G 2. Lot width (feet) 3. Lot depth (feet) 4. Front yard setback (feet) 5. Side yard setback, each (feet) 6. Public street ROW setback (feet) 100 ~ 150 HÐ '\C"'¡'¡'.',""',' '\n 3::14~(:::~ z;v .:..':.;.:.:.;.:.:.~ 10 .¡.g 20 ~ 'Map fnr condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 sq. ft. for master planned building complexes with Precise Plan approval. Such Precise Plan shall be for a total area of no less than 60,000 sq. ft. I 1 - :'." ~ b-,6E 11. Maximum lot coverage· (% of net lot) Page # 11 60 6Q 10 .¡g 20 ~ A3 A- SO ~ RDR SPA I Amendment 7. East "H" St. ROW setback (feet) 8. Rear yard setback (feet) 9. Rice Canyon top of slope setback (feet) 10. Building height, maximum2 B. Special Requirements 1. Along all street frontages situated across from any residentially zoned property, a minimum three foot high landscaped earthen berm shall be constrUcted. Along all other lot lines adjacent to residential districts, a maximum eight (8) foot high wall may be constrUcted if required following Planning Director review. Fences should blend in with the site's architecture. 2. Streetscapes shall be enhanced to provide an easy transition from the street to the . building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels from one another. 3. Reciprocal ingress and egress, circulation and parking arrangements shall be required where possible and feasible to facilitate vehicular movement between adjoining properties and to limit superfluous driveways. IX.3 GENERAL PERFORMANCE STANDARDS The following performance standards are gl:neral guidelines intended to describe the overall minimum design standards for the Employment Park. The design guidelines provided in Chapter VI of the SPA Plan provide specific recommendations. A. Landscaping In all Employment Park Districts the required front and exterior side (street side) yard setbacks shall be lanticr.¡¡ped. Parking, driveways, and other decorative hardscape areas will be permitted within the required rear yard, interior side yard, East "H" Street, and Rice Canyon toþ-of-slope 2Heigbts whicb vary from these standards may be apprnved via a Conclìtiooal Use Permit and Sile Plan approval. J A = 4S feet or 3 stories, whichever is less. .Open space lots of other special setbacks along East "H' Street shall be included in the adjacent building lot area for purposes of the lot coverage calculatinn. - ~ ~ ~ r----" 0-0'1 RDR SPA I Amendment Page #12 setbacks. Landscaping shall consist predominantly of plant materials and shall be inigated by automatic sprinklers. All planting and inigation shall be in accordance with the Ci:y's Landscape Manual and the Employment Park Design Guidelines. All landscaping shall be permanently maintained in a clean, healthy and thriving condition, free of weeds, trash and debris. B. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding PTQperties. C. Utilities All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. D. Lighting All light sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. illuminators sha1l be integrated within the architecture of the building. E. Electrical Disturbance, Heat and Cold, Glare No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, , beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. F. Fire and Explosive Hazard All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and rITe fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate smoke detectors shall be installed in all new construction. G. Noise The acceptable outdoor noise exposure levels, measured at the ploperty line, for the Employment Park Districts are given in the table below. (See Chapter 19.66 CYMC for defmitions and additional details.) > ~.'p..- 0-c:'S RDR SPA I Amendment Page #13 Exterior Noise Limits· EP 1 EP 2 ""=:"'"'"'" , ù.lii"Ú¢t?I ".W,W,W,';',' 7 am - 10 pm 70 dbA 10 pm - 7 am 70 dbA Receiving Land Use District .Environmental Noise - Leq in any hour .Nuisance Noise - not exceeded at any time H. Odor No use shall be permitted which created odor in such quantities as to be readily detectable beyond the boundaries of the site. I. Radioactivity In all Employment Park Districts. the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. J. Vibration No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. K. Condominium Conversion In any Employment Park District, the conversion of a project to condominium ownership sba1l meet all the requirements of thë zone to the maximum extent possible. Specific City Council waiver shall be required where the zone requirements cannot be met. L. Air Pollution There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, is as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718: M. Outdoor Storage Outdoor storage areas shall be entirely enclosed by visual barriers to adequately screen views from the external boundaries of the property. r:..~ ø-~ø RDR SPA I Amendment Page #14 N. Energy Conservation Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed-to minimi7.e energy consumption. o. Toxic Materials No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. P. Liquid or Solid Waste The discharge or deposit of liquid or solid wastes shall be subject to the provisions of Section 19.66.150 CVMC. - R. Aesthetic Standards 1. All uses at the perimeter of the Employment park Districts shall be landscaped to provide a buffered transition to adjacent uses. 2. Visual appearance shall be a principal consideration in the approval of Conditional Use Pennits, especially any uses involving outdoor storage or activity. Consideration should be given to all prospective vantage points, including residential areas at a higher elevation. 1X.4 SIGNS No sign or outdoor advertising structure shall be permitted in any Employment Park District except as provided in Chapter xn or herein. tb-~ 7 )¡,-68 .&u, /"-f.7 ~~~~3 CHAPTER xx: BVS%NESS CENTER Þ%STR%CTS CHAPTER XX-A: EMPLOYMENT PARK Þ%STRICTS IX-A. 0 Purpose In addition to the objectives outlines in Chapter VII, the Employment Park Districts are included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering, wholesale, and limited retail trade. In addition, the Employment Park Districts are structured to advance the following objectives: To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other non-harmonious uses; To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objec- tionable influences and to prevent fire, explosion, radiation and other hazards incidental to certain industrial and automobile service/repair activities; To promote sufficient open space around industrial structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential districts; To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them; and, To promote high standards of site planning, architecture and landscape design for light industrial and commercial develop- ments within the City of Chula Vista. A. Employment Park Industrial/Office District (ZP-1A) This district is intended as an area for light industrial uses, large scale research and specialized manufacturing organizations, and administrative and professional offices which can meet high performance and development standards. B. Employment Park Industrial District (SP-1B) This district is intended development that can meet standards. as an area for modern industrial high performance and development 2/7/95 XX-A. 1 PERMITTED AND CONDITIONAL USES The follo....ing uses shall be permitted uses where the symbol tip" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. U.es are not permitted where the symbol "N" appears. . EP-1A - Industrial/Office District EP-1B - Industrial District LAND USE DYSTRICT LAND USE ~P-1A I:P-1B A. Manufacturing 1. 2. Manufacturing, compounding, assemb- ly or treatment of articles or mer- chandise from the follo....ing pre- viously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), pre- cious or semi-precious stones or metals, plaster, plastics, shells, textiles, tobacco, wood, and yarns; novelty items (not including fire- works or other explosive type items) Electrical and related parts1 elec- trical appliances, motors and devices; radio, television, phonograph and computers; electronic precision instruments; medical and dental instruments; timing and measuring instruments; audio machinery; visual machinery; cosmetics, drugs, per- fumes, toiletries and soap (not including refining or rendering of fat or oils) c p p p 2/7/95 IX-A-2 - -- L-J - 1_ n¡; = .-;;: ~ . UND US~ 3. F~rniture upholstering Rubber and metal stamp manufac- turing Laboratories, chemical Laboratories; dental, electrical, optical, mechanical and medical 4. 5. 6. 7. Laboratories; research, experimental, film, electronic·testing and mechan- ical 8. Machine shop and sheet metal shop Plastics and other synthetics manufacturing 9. B. storage and Wholesale Trades 1. Mini-storage, public storage and storage warehouses 2.. Moving and storage firms 3. Building materials and lumber storage yards and/or contractor's yards 4. Building equipment sales, rentals 5. Public and private building mater- ial sales yards, service yards, storage yards, and equipment rental 6. Minor auto repair 7. Trucking yards, terminals and dis- tributing operations t.ÄND USE nYSTRYCT ~P-1A ~P-1B N P N p P N c N N N c N N N p p C p p p c p P c c p c c 2/7/95 LAND USE LAND USE nrSTRTCT EP-1A ~P-1R C. Service and Commercial 1. Animal hospital or veterinary clinic and/or office Automobile and/or truck services c N 2. N c· . 3. Blueprinting and photocopying p p 4. Cleaning and dyeing plant N c 5. Eating and drinking establishments: a. Restaurant, restaurant with cocktail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) N N b. Refreshment stands & snack bars within a building as accessory to permitted use p C 2/1/95 IX-A-4 ¿- ~ - &, - 7.3 LAND US~ 8. Rennels 9. Medical and dental offices, and clinics, medical, optical and dental laboratories, not including the manufacture of pharmaceutical or other products for general sale or distribution o. Newspaper publishing, printing, and distribution, general printing and li thography 11. Administrative and executive offices; professional offices for lawyers, engineers, architects; financial offices including banks, real estate and other general business offices 12. Any other research, light manufac- turing or office use which is deter- mined by the Planning Commission to be of the same general character as the above permitted uses 13. Exterminating services 14. Plant nurseries and the sale of related hardware items provided they are clearly incidental and secondary to the plant nursery. Plant ~urseries shall be allowed only on the peripheral areas of the EP-1A zone, so as not to dis- rupt the continuity of the profes- sional and administrative office land uses 15. Radio and television broadcasting, excluding towers 16. Retail commercial when in support of a permitted or conditional use 2/7/95 JX-A-5 ~ 63 tf:; - /'/f . LANÐ us~ nISTRICT EÞ-1A ~P-1.B N c p N c c p c P P N N c N c C c p LAND USE 1.&»0 us~ nTSTRYCT ~'P-1a. ~P-1B 17. Retail ðistribution centers anð manufacturer's outlets which require extensive floor areas for the stor- age anð ðisplay of merchanðise, anð the high volume, warehouse-type sale of gooðs anð uses which are relateð to anð supportive of existing on-site retail ðistribution centers of manu- facturer's outlets. Conðitional use permit applications for the estab- lishment of retail commercial uses, covereð by the City Council subse- quent to its receipt of recommenda- tions thereon from the Planning Com- mission N C 18. Sale of beer or alcoholic beverages for consumption on the premises only where the sale is incidental to the sale of fooð and accessory to the permitted use D. Public and Semi-Public Uses P C 1. Day nurseries, day care schools and nursery schools Educational institutions, public or private including vocational schools C C 2. C C 3. Post offices and post office terminals P P 4. Public utility pumping stations, equipment building and installation Recreation, private, semi-private, or commercial N C 5. C C 2/7/95 b-7.5" , /- 7. I..ÄND USE 6. Public and quasi-public uses appro- priate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards, and warehouses School and studio for arts and crafts¡ photography, music, dance and art galleries, in accordance with the provisions of Section 19.58.220 CVMC E. Accessory Uses 1. 2. 4. Accessory structures and uses located on the same lot as permitted or conditional use 3. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities Commercial parking lots and parking garages, in accordance with Section 19.62.010 to 19.62.130 CVMC Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms 5. 6. Office condominium Dental practices open to the public as an accessory use (not to exceed 35' of the total combined floor area devoted to dental manufacturing, laboratories and other dental related uses, or is' of the total building area whichever is less). 2/7/95 .1._.... I ~- b-7~ LAND us~ nYSTRYCT I:P-1A. ~P-l~ c C P P C p P p c C P P C p C c --/ LA.Nn USE T.&ND us~ nTSTRYCT ~P-ia. ~P-i'ß 5. Roof ~ounted satellite dishes subject to the following standards or conditions: p p a. The dish shall be screened using appropriate ~atching architectural materials or parapet walls; b. Dishes shall be of a neutral color. match the building. or as otherwise approved by the City; 6. c. A building permit shall be required; d. No advertising ~aterial shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. Watchman's or caretaker's living quarters only when incidental to and on the sa~e site as a permitted or conditional use p p 7. Wholesale business storage or ware- house for products of the types permitted to be manufactured in the district p p F. ~.mpor.ry u... 1. Temporary uses as prescribed in Chapter XI p p 2/7/9S J - ft -"- -:'> 6-77 IX-A. 2 PROPERTY DEVELOPMENT STANDARDS - ZKPLOYKENT PARE The following property development standards apply to all land and buildings other than accessory buildings authorized in this district. Any legal lot may be used as a building aite, except no building permit shall be issued for any lot having a lot size less than 10,000 square feet. A. General Requirements The following requirements are minimums unless otherwise stated: Land Use District EP-114. EP-1R D@vêlopmênt St8ndard 1. Lot area, net sq. ft. (OOO'S)1 40 40 2. Lot width (feet) 100 120 3. Lot depth (feet) 150 150 4. Front yard setback (feet) 25 20' 5. Side yard setback, each (feet) 10 10 6. Public street ROW setback (feet) 20 20 7. East "H" St. ROW setback (feet) 60 60 8. Rear yard setback (feet) 10 10 9. Rice Canyon top of slope setback (feet) 20 20 10. Building height, maximum: A A 11. Maximum lot coverage (percent of net lot)' 50 50 __~_.~._.w.~_,-. ,......_._. 1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 sq. ft. for master planned building complexes with Precise Plan approval. Such Precise Plan Jhall be for a total area ff no less than 60,000 sq. ft. . Heights which vary from these standards may be approved via a Conditional Use rermit and Site Plan approval. Open space )ots of other special setbacks along East -H" Street shall be included in the adjacent building lot area for purposes of the lot coverage calculation. A - 45 feet or 3 stories, whichever is 1.... . 2/7/95 1!~ is" -1 1 , h-7$ B. Special Requirements 1. Along all street frontages situated across from any residen- tially zoned property, a minimum three foot high landscaped earthen berm shall be constructed. Along all other lot lines adjacent to residential districts, a maximum eight (8) foot high wall may be constructed if required following Planning ',Director review. Fences should blend in with the site's architecture. 2. streetscapes shall be enhanced to provide an easy transition from the street to the building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels from one another. 3. Reciprocal ingress and egress, circulation and parking arrangements shall be required where possible and feasible to facilitate vehicular movement between adjoining properties and to limit superfluous driveways. IX.3 GENERAL PERFORMANCE STANDARDS The following performance standards are general guidelines intended to describe the overall minimum design standards for the Employment Park. The design guidelines provided in Chapter VI of the SPA Plan provide specific recommendations. A. Landscaping In all Employment Park Districts the required front and exterior side (street side) yard setbacks shall be landscaped. Parking, driveways, and other decorative.hardscape areas will be permitted within the required rear yard, interior side yard, East "H" street, and Rice Canyon top-of-slope setbacks. Landscaping shall consist predominantly of plant materials and shall be irrigated by automatic sprinklers. All planting and irrigation shall be in accordance with the City's Landscape Manual and the Employment Park Design Guidelines. All landscaping shall be permanently maintained in a clean, healthy and thriving condition, free of weeds, trash and debris. B. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. c. ~tilities 2/7/95 ~H L 18 ~0-79 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. D. Liqhtbq All light sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. ·Illumina- tors shall be integrated within the architecture of the building. B. Electrical Disturbance, Beat and Cold, Glare No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. F. Fire and Explosive Hazard All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate smoke detector's shall be installed in all new construction. G. Noise The acceptable outdoor noise exposure levels, measured at the property line, for the Employment Park Districts are given in the table below. (See Chapter 19.66 CVMC for definitions and addition- al details.) . Exterior Noise Limits* Receiving Land Use District 7 am - 10 pm 10 pm - 7 am EP-l, EP-2 70 dbA 70· dbA *Environmental Noise - Leq in any hour *Nuisance Noise - not exceeded at any time B. Odor No use shall be permitted which created odor in such quantities as to be readily detectable beyond the boundaries of the site. I. Radioactivity 2/7/95 _.. I. 1"1 ~ 6-gb In all Employment Park Districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. J. Vibration No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration percepti- ble, without instruments, at the boundary of the lot on which the use is located. K. ConGominium Conversion In any Employment Pa~k District, the conversion of a project to condominium ownership shall meet all the requirements of the zone to the maximum extent possible. Specific city Council waiver shall be required where the zone requirements cannot be met. L. Air Pollution There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, is as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines - Information Circular 771B. K. outGoor Storage outdoor storage areas shall be enti~ely enclosed by visual barriers to·' adequately screen views from t'he external boundaries of the property. 5. Energy Conservation Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption. O. ~oxic Katerials No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or· otherwise objection- able condition due to the use, storage or proximity to toxic materials. P. LiquiG or SoliG Waste The discharge or deposit of liquid or solid wastes shall be subject to the provisiuns of Section 19.66.150 CVMC. 2/7/95 IX-A-12 r-6-g¡ B. A.sth.tic Standards 1. A¡l uses at the perimeter of the Employment park Districts shall be landscaped to provide a buffered transition to adjacent uses. 2. Visual appearance shall be a principal consideration in the approval of Conditional Use Permits, especially any uses involving outdoor storage or activity. Consideration should be given to all prospective vantage points, including residen- tial areas at a higher elevation. IX.. SIGNS No sign or outdoor advertising structure shall be permitted in any Employment Park District except as provided in Chapter XII or herein. -. "'-...,.-- 2/7/95 EI r n. -~f b-i~//;-B3~ 6-8'1 k\k~kd- 1 Amendment Key Map ....- .-- -- Open Space East H 5\fee\ r····l :~~mju¡¡¡¡¡¡mmj~:¡:! ~~~~ o * Existing EP-1 a District Existing EP-1 b District Parcel Number Project Sponsors (Joint Applicants) . . . . . Proposed Boundary of Combined EP-1 District tin" Lanct___1Q '112/'5 -g -..., 6-&-6 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Ordinance ~6 ï6 Amending Schedule X, Section 10.48.050 of the Chula Vista Municipal Code - Decreasing State Law Speed Limits in cenain areas, and establishing a speed limit of 40 mph on Paseo Ranchero from East H Street to Telegraph Canyon Road Resolution \Cir~5 Amending Schedule IT, Section 10.52.030 of the Chula Vista Municipal Code - Special Stops Required - Through Streets and Stop Intersections, creating an aU-way stop at Paseo Ranchero and East I Street. Director of Public Works ~ . . ' ~ City Manager~ ~o 5 ~l (4/5ths Vote: YesJo..K.) The City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Paseo Ranchero between East H Street and Telegraph Canyon Road be decreased from a Prima Facie 55 mph to establish a 40 mph speed zone, and instaU an aU-way stop at Paseo Ranchero and East I Street due to limited sight distance available. RECOMMENDATION: That the City Council: 1) place an Ordinance on first reading, amending Schedule X of the Chula Vista Municipal Code, Decreasing State Law Speed Limit in Certain Areas from a Prima Facie 55 mph, and establishing a 40 mph speed limit on Paseo Ranchero from East H Street to Telegraph Canyon Road based on engineering and design criteria not readily apparent to motorists, and; 2) adopt a Resolution authorizing an all-way stop at the intersection of Paseo Ranchero and East I Street. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of 3/14/96, voted MSUC (Miller/Smith), to approve staff's repon, suppon staff's recommendation and recommend to the Council to: 1) place an Ordinance on first reading, amending Schedule X of the Chula Vista Municipal Code, Decreasing State Law Speed Limit in Certain Areas from a Prima Facie 55 mph, and establishing a 40 mph speed limit on Paseo Ranchero from East H Street to Telegraph Canyon Road and; 2) adopt a Resolution authorizing an all-way stop at the intersection of Paseo Ranchero and East I Street. DISCUSSION: Paseo Ranchero, from East "H" Street to Telegraph Canyon Road was recently opened to through traffic. When the road was initially opened, staff recommended that traffic be stopped on East "I" Street only. The purpose of this was to observe traffic patterns on an "unconstrained" Paseo Ranchero before determining the need for stop signs on Paseo Ranchero. Staff has completed this -~ +- ?-¡ Page 2, Uem_ Meeting Date 5/?1/Qñ study and concludes that an all-way stop on Paseo Ranchero and East J Street is appropriate. At the City Council meeting of January 23, 1996, the Council requested information on the desirability of the all-way stop at this intersection. The City Engineer has determined the need to decrease the prima facie (unposted) speed limit on Paseo Ranchero between East H Street and Telegraph Canyon Road from 55 mph to a posted speed zone of 40 mph to comply with the California Vehicle Code (CVC), Section 40803, Speed Trap Evidence. Section 40803 requires evidence that a Traffic and Engineering Survey has been conducted within five years. Staff has completed new surveys which are in effect as of 2/28/96, and will expire on 2/20/01. Every 5 years the existing speed limits will either be verified, increased or decreased depending on the results of the survey investigations. The Engineering and Traffic Surveys should contain sufficient information to document that the conditions of CVC Section 627 have been complied with and that other conditions not readily apparent to a motorist are properly identified. The attached Engineering & Traffic Survey recommends a 40 mph speed limit based on a 40 mph design speed for a vertical curve inthe vicinity of East J Street. On January 1, 1997, the prima facie speed limit will increase to 65 mph, except for two lane roadways which will maintain the 55 mph prima facie speed limit. Physical Conditions Paseo Ranchero south of East H Street ranges in width from 54' to 74' curb to curb and is a Class I Collector street with no residences fronting on the roadway, except for a portion along the Villa Palmera Subdivision. These homes do not have a direct driveway onto Paseo Ranchero but are served through a private roadway, Circulo Verde. Most of Paseo Ranchero is striped with a painted median and is built with a raised median at each end near East H Street and near Telegraph Canyon Road. There are two lanes of traffic in each direction with left turn pockets at intersections. The design speed of this street is 45 mph except for a 750' vertical curve which starts 100' nonh of East J Street, crests at the extension of the nonh curbline of East J Street, and ends approximately 650' south of East J Street. The design speed for this vertical curve is 40 mph. Traffic counts recently completed on this roadway show an Average Daily Traffic (ADT) count in this area is 2,370 vehicles per day. On the south side of the intersection of Paseo Ranchero and East J Street are two parcels which have yet to be developed. The parcel on the southwest comer is planned for a future elementary school. No scheduled opening date has yet been confirmed. A middle school is planned to be built on the parcel located on the southeast corner. A letter from Mr. Thomas Silva, Director of Planning for the Sweetwater Union High School District is attached. In his letter, Mr. Silva expressed the district's support of staff's recommendation to reduce the speed limit and install the all-way stop and informed us that this middle school is anticipated to be open in the Fall of 1998. The parcel on the nonheast comer is a residential area in which the homes will not front on either Paseo Ranchero or East J Street, but will have access from a separate residential street. The nonhwest corner is the Villa Palmera Subdivision which was completed around 1990. There are 76 homes within this subdivision most of which are accessed through Circulo Verde, a local private street which commences at the nonh side of East J Street, meanders in a nonheasterly direction through the subdivision and terminates at the west side of Paseo Ranchero. There is -~~ -;1. ?-~ Page 3, Item_ Meeting Date 5/21/96 another private street, Zarza Corte, off of East J Street which serves the remaining homes. It is not anticipated that there will be any homes built in the undeveloped parcels fronting on Paseo Ranchero which.will have direct driveway access to Paseo Ranchero. Staff has invesûgated the available sight distance for the intersection of Paseo Ranchero and East J Street. Results of this investigation show that motorists eastbound on East J Street have somewhat of a restricted view of northbound Paseo Ranchero vehicles. The sight distance for motorists westbound on East J Street at the subject intersection is more restricted by physical barriers, and cannot be improved to the point where it can provide adequate safe stopping sight distance. This is due in part to the topography along the middle school property which necessitated the installation of a guardrail. This guardrail reduces available sight distance westbound East J Street motorists have of northbound Paseo Ranchero vehicles. All other approaches do have adequate sight distance. The Engineering and Traffic Survey for Paseo Ranchero recently completed by staff in accordance with the Basic Speed Law (Exhibit A), and The Speed Limit Establishment Process (Exhibit B), shows an 85th percentile speed of between 48 mph and 49 mph. Based on the Engineering and Traffic Survey, it has been detennined that the speed limit be posted at 40 mph due to limited visibility and the vertical curve at the intersection with East J Street. This condition creates a traffic situation that is not readily apparent to motorists and adequately justifies the reduction of the speed limit from 4S mph to 40 mph. Roadway conditions taken into consideration, staff recommends the 40 mph speed limit as the appropriate speed limit for conditions in order to comply with the California Vehicle Code requirements. Speed limits are generally established at the nearest S mph interval below the 85th percentile speed, but can be reduced another S mph if there are conditions which are not readily apparent to motorists. If speed limits are established anificia1ly too low, this roadway is considered a speed trap and police radar enforcement of the posted speed limit cannot be legally conducted. Although an all-way stop evaluation completed for the subject intersection shows that the intersecûon has an excellent safety record, this is primarily because it was not until this January that the roadway was opened as a through street for public use, and the previous two-legged intersection that did not connect through, is now a four-legged intersection with through traffic. The reduced sight distance at this intersection cannot be mitigated unless an all-way stop is installed because there is a need for the guardrail. Therefore, staff is recommending that this intersection be controlled by an all-way stop due to the unusual conditions warrant and the adjacent land use. Currently, there are stop signs which stop eastbound and westbound traffic on East J Street for Paseo Ranchero. The all-way stop will add additional signs to stop southbound and northbound Paseo Ranchero traffic for East J Street. CONCLUSION: Based on the above data, it has been detennined that the appropriate speed limit on Paseo Ranchero should be posted at 40 mph in accordance with the California Vehicle Code 7-3 ~~ :3 Page 4, Item_ Meeting Date 5/]4/96 requirements. The current survey will expire in February 2001. It is recommended that the City of Chula Vista Municipal Code be revised as follows: 10.48.050 Schedule X - Decreased Speed Limits in Cenain Areas Name of Street Beginning At Ending At Proposed Speed Limit Paseo Ranchero· East H Street Telegraph Canyon Road 40 mph · All-way Stop to be installed at East J Street and Paseo Ranchero. All area residents, the Safety Commission Chair, School Districts and churches have been notified of tonight's City Council meeting. FISCAL IMPACT: The cost to place signs and pavement legends is $1,000.00. Exhibit A Exhibit B Exhibit C Basic Speed Law The Speed Limit Establishment Process Enforcement Attachment A - Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - Attachment G- Area Plat Minutes from March 14, 1996 Safety Commission Meeting, excerpt Engineering and Traffic Survey Radar Speed Surveys California Vehicle Code Sections All-Way Stop Evaluation Letter from Mr. Thomas Silva, Director of Planning SUHSD File No.: 0760-95-CY029 DMW:FXR:dmw M :\HOME\ENGINEER\AGENDA\PASRNCHO.DMW '1-'1 .:l~ 4- ßXlUBIT A Basic Sneed Law Speed limits in California are governed by the California Vehicle Code, Secûons 22348 through 22413, and Section 22350, The Basic Speed Law, of the Vehicle Code. This Basic Speed Law provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, ttaffic and the surface and width of the highway, and in, no event at a speed which endangers the safety of persons or property. The basic speed law is founded on the belief that most motorists are able to modify their driving behavior properly, as long as they are made aware of the conditions around them. Section 22358.5 of the Vehicle Code states that it is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. The speed limit normally should be established at the first five mile per hour increment below the 85th percentile speed. However, in matching existing conditions with the ttaffic safety needs of the community, engineering judgement may indicate the need for a further reduction of five miles per hour. The factors justifying such a further reduction are the same factors mentioned above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone surveyor the accompanying engineering report. In determining the speed limit which is most appropriate to facilitate the orderly movement of ttaffic and is reasonable and safe, important factors are prevailing speeds, unexpected conditions, and accident records. Traffic regulations are based upon observations of the behavior of groups of motorists under various conditions. Generally speaking, ttaffic regulations that reflect the behavior of the majority of motorists are found to be most successful. Laws that arbitrarily restrict the majority of drivers encourage wholesale violation of posted restrictions, lack public support and usually fail to bdng about the desired changes in driving behavior. This is especially true of speed zoning. Before and after studies consistently demonstrate that there are no significant changes in traffic speeds following the posting of new or revised speed limits. California Vehicle Code (CVC) Sections 22357 and 22358 authorize local authorities to establish intermediate prima facie speed limits on streets and roads under their jurisdiction, on the basis of an Engineering and Traffic Survey. These state laws permit local authorities to lower the maximum speed limit (currently 55 M.P.H., however, as of after March 31, 1996, this prima facie speed limit will increase to 65 M.P.H.) or to raise business or residence district speed limits (25 mph) on the basis of an Engineering and Traffic Survey. These "intermediate limits" between 25 and 65 mph must be posted to defme clearly the limits of the zone and the prima facie speed limit established. Speed Trap-Section 40802(b) provides that prima facie speed limits established under Sections 22352(b)(l), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an Engineering and Traffic Survey within the last five years. An "Engineering and Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices, under CVC 40802(b). ~~ -'3 7-5 r i , ..EXHIBITJl The Sneed l.imit Establishment Process Speed limits should be established preferably at or near the 85th percentile speed, which is dermed as a speed exceeding that which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe and limits significantly below the 85th percentile do not facilitate the orderly movement of traffic. Speed limits established on this basis conform to the consensus of those who drive highways as to what speed is reasonable and safe, and are not dependent on the judgement of one or a few individuals. Realistic speed wnes will invite public compliance by conforming to the behavior of the majority and by giving a clear reminder to the non-conforming violators. These realistic wnes will also offer an effective enforcement tool to the Police Department by clearly separating the occasional violator from the reasonable majority. The basic intent of speed wning is to influence as many drivers as possible to operate at or near the same speed, thus reducing the number of conflicts created by wide differentials in operating speeds. Only when roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, are speed limits somewhat below the 85th percentile warranted. Realistic speed zoning is a Traffic Engineering tool used to derive the best traffic service for a given set of conditions. While the basic speed law states that no person shall drive at a speed greater than is reasonable or prudent. the majority of drivers comply with this law, and disregard regulations which they consider unreasonable. It is only the top fringe of drivers that are inclined to be reckless and unreliable, or who have faulty judgement and must be controlled by enforcement. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Experience has shown that the 85th percentile speed is the one characteristic of traffic speeds most nearly conforming to a safe and reasonable speed limit. Speed limits set higher than the critical speed will make very few additional drivers "legal" for each 5 M.P.H. that the posted speed limit is increased. Speed limits lower than the critical speed will make a large number of reasonable drivers "illegal" for each 5 M.P.H. increment that the speed limit is reduced. For practical purposes, the 5 M.P.H. increment at or immediately below the 85th percentile is the numerical value best selected for the posting of a realistic and legally enforceable speed limit. ~~.=0 7-(, "\ EXHIBIT C Enforcement Concurrence and suppon of enforcement officials are necessary for the successful operation of a restricted speed zone. Realistic speed zones tend to minimize public antagonism toward police enforcement of obviously unreasonably low speed limits. By posting and enforcing the appropriate speed limits, local authorities invite the public to comply with the reasonable behavior of the majority of the public, while giving a clear reminder to the non-conforming violators. These regulations also offer an effective enforcement tool for the local police by clearly distinguishing the intentional violator from the reasonable majority. The establislunent of a speed limit of more than 5 mph below the 85th percentile (critical) speed should be done with great care as this may make violators of a disproponionate number of the reasonable majority of drivers. M,IHOMElENGINEER\1XAFFIOENFORCE,FXR J~ ~ '/-? )r¡-a ORDINANCE NO. :lID'1 b AN ORDINANCE AMENDING SCHEDULE X, SECTION 10.48.050 OF THE CHULA VISTA MUNICIPAL CODE - DECREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTABLISHING A SPEED LIMIT OF 40 M.P.H. ON PASEO RANCHERO FROM EAST H STREET TO TELEGRAPH CANYON ROAD WHEREAS, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Paseo Ranchero between East H Street and Telegraph canyon Road be decreased from a Prima Facie 55 mph to establish a 40 mph speed zone, and install an all-way stop at Paseo Ranchero and East J Street due to limited sight distance available; and WHEREAS, staff has completed a Traffic and Engineering Study as required by State Law which recommends a 40 mph speed limit based on a 40 mph design speed for a vertical curve in the vicinity of East J Street; and WHEREAS, the Safety Commission, at its March 14, 1996 meeting, voted to approve staff's recommendation and recommend to the City Council to decrease state law speed limits. NOW, THEREFORE, the City council of the City of Chula vista does ordain as follows: SECTION I: That Schedule X of section 10.48.050 of the Chula vista Municipal Code is hereby amended to include the following changes: SCHEDULE X - DECREASED SPEED LIMITS IN CERTAIN AREAS Proposed Name of Beginning Ending At Speed Street At Limit Paseo East H Telegraph 40 MPH Ranchero* Street Canyon Road *All-way stop to be installed at East J Street and Paseo Ranchero. SECTION II: This force on the thirtieth ordinance shall take effect and be day from and after its adoption. ~ved a i~bBOO Attorney in full c: \or\lpud.dec Presented by John P. Lippitt, Director of Public Works ""~A-I- 7-2 COUNCIL AGENDA STATEMENT ITEM O¡ MEETING DATE: 5/28/96 ITEM TITLE: Resolution I ~ 3 D 3 approving a purchase agreement between the City ofChula Vista and ATS Computers, Inc. to provide desktop computers, printers and peripherals on an "as-needed" basis through October 31, 1996, with an option to renew the agreement for an additional eight (8) month period through June 30, 1997. Director of Finance ¡v( Á / Director of Managemeiltft ~.~nformation Servicèyv REVIEWED BY: CityManager~ ~~"-<4/5thS Vote: Yes_NoX) Standard specifications for desktop computers, printers and peripherals have been developed and bid out on the open market The intent of the bid process was to commit to a single supplier over a period of time for favorable terms and pricing. SUBMITTED BY: RECOMMENDATION: That Council adopt the resolution approving a purchase agreement with ATS, Computers, Inc., the overall low responsive and responsible bidder meeting specifications. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Until recently, desktop computers, printers and peripherals have been purchased on the open market as departmental requests are received. Various suppliers were contacted for price quotes and orders placed accordingly. As a result, a variety of suppliers have provided desktop computers, printers and peripherals to the City. A corresponding variety of equipment of various makes and manufacturers is now in place. By committing to a single supplier over a period of time, the City can standardize desktop computers, printers and peripherals. Consistency in maintenance and interchangeability of parts can also be achieved. Should problems occur, a single supplier would be responsible for correcting deficiencies. q-I Page 2, Item Meeting Date 5/28/96 Bid specifications to standardize computers were prepared with the assistance of Management and Information Services (see attached). Minimum hardware and software configurations were defined for all equipment to be purchased. A stringent three year warranty (first year on-site) was also included to minimize maintenance costs and maximize equipment operation. Two (2) sections were delineated in the specifications; Section I, based on an existing requirement for specific equipment and Section II, a discount schedule for future purchases. Thirteen (13) specification packets were mailed to prospective bidders and publicly opened by the Purchasing Agent on November 3, 1995. The bid was also advertised in the local newspaper. Seven (7) bidders responded; however, three (3) bidders failed to fill in Section II, and were therefore disqualified from consideration. Of the four (4) remaining bidders, A TS Computers, Inc. submitted the low, overall bid for Section I. ATS Computers was also in full compliance with the City's warranty requirements and offered a favorable discount for Section II. The City has been purchasing computer related requirements from A TS Computers since last November. When initially bid, the equipment purchase price fell below the Council award limit. Subsequent purchases from A TS Computers have been monitored and the volume has reached the Council award limit. The supplier has performed satisfactorily and pricing is favorable for the City. ATS has also agreed to extend contract prices to City staff purchasing computers for home use. Council approval is now requested to formalize the purchasing agreement with A TS Computers, Inc. FISCAL IMP ACT: There would be no direct fiscal impact from approving this resolution in that funds expended will have been approved through the normal budget process. Purchase orders will be issued as authorized departmental requests are received. q.¿).... ! RESOLUTION NO. 18'5D3, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATS COMPUTERS, INC. TO PROVIDE DESKTOP COMPUTERS, PRINTERS AND PERIPHERALS ON AN "AS-NEEDED" BASIS THROUGH OCTOBER 31, 1996, WITH AN OPTION TO RENEW THE AGREEMENT FOR AN ADDITIONAL EIGHT (8) MONTH PERIOD THROUGH JUNE 30, 1997 WHEREAS, standard specifications for desktop computers, printers and peripherals have been developed and bid out on the open market; and WHEREAS, bid specifications to standardize computers were prepared and the seven bids shown on Attachment A were received; and WHEREAS, Computer City, Gateway 2000 and Dell Computer failed to fill in section II and are therefore disqualified from consideration; and WHEREAS, based on their overall low bid for section I, full compliance with our warranty specifications, and a favorable discount schedule for section II, staff recommends awarding the contract to ATS Computers, Inc. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve a purchase agreement between the city of Chula vista and ATS Computers, Inc. to provide desktop computers, printers and peripherals on an "as-needed" basis through October 31, 1996, with an option to renew the agreement for an additional eight (8) month period through June 30, 1997. Boogaar Presented by Robert Powell, Director of Finance C:\rs\co.puter,bid 9~3 /9- t/ DESKTOP COMPUTERS, PRINTERS & PERIPHERALS BID #13-95/96 (See Pages 7-9 of Attachment for Bid Specifications) ii ,i ByteGoIIery Micro.ge Computer Gateway ATS New DeD atv' 2000 Technolo... Comnuter 1 $1,889 $2,133 $2,380 $2,274 $1,921.65 $2,205 $2,168 2 $1,939 $2,193 $2,460 $2,344 $1,966.30 $2,268 $2,228 3 $2,239 $2,337 $2,721 $2,543 $2,196.50 $2,520 $2,460.96 4 $849 $859 $859 $474 $859 $829 $939.39 5 $289 $283 $290 $364 $299 $290 NIB 6 $379 $468 $384 $524 $399 $380 $389 7 $419 $413 $425 $1,324 $395 $420 $429.55 8 $309 $266 $277 NIB $272 $289 NIB 9 $97 $96 $101 $279 $90 $85 NIB 10 $84 NIB $145 NIB $188 $115 NIB 11 $29.99 $69 $67 NIB $88 $99 NIB Unit Total $8,522.99 ............................................... i ......................................................... $8,674.45 $9,500 ······...·..·..··.··.··.ii..·.····.···.·.···.·. .....'...............,...,.... ........·..·..·.·.·.i..·..·.·..··.···...·......· ..............i....·...0 ......"....'..'....' ......................................................' Extended $14,837.95 ....,.................................'.....,...'.......'. $14,818.75 $16,564 Extw/o 10 $14,753.95 $15,682 ....................................... .......... ............ i............·....... ii......}. $14,630.75 $16,449 ................ ··..·..·........i......... iiiii iS0!i '...'.... Extw/o 11 $14,688 i}i} $14,378.75 $16,069 i Ext w/o $14,604 $15,682 ......... ···············.···········.·.····.i·...·. ·..·..·.·...·.·..·..........·.......·..........i< $14,190.75 $15,954 .,...,.,............................................. 10&11 ......... .................,......,................................................. ...i................·.·.·..· .'.',',.....','... Section II 12% 5% NIB NIB 15% 2-7% NIB Terms 2% 15 N30 N30 N30 N30 N30 N30 Rank 2 3 .................................................................... 1 4 ..............·.·...·............·.·...·.·.·.·.....·.i Extended prices for A TS were factored using 10-pack discount ($519) offered for item #9. Computer City, Gateway 2000 & Dell Computer failed to fill in Section II and are therefore disqualified ITom consideration. Recommendation: A ward to A TS based on their overall, low bid for Section I, full compliance with our warranty specifications, and a favorable discount schedule for Section II. q-s oi , ~\f~ --- ~~- em Of CHUIA VISfA CITY OF CHULA VISTA BID NUMBER 13-95196 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, THAT SEALED PROPOSALS ON A FORM OBTAINED FROM THE PURCHASING DIVISION, 315 FOURTH AVENUE, SUITE P, CHULA VISTA, CALIFORNIA, WILL BE RECEIVED AT SAID OFFICE UNTIL 3:00 P.M ON THE Æn. DAY OF NOVEMBER, lliL, AT WHiCH TIME SAID PROPOSALS WILL BE PUBLICLY OPENED AND READ FOR FURNISHING TO THE CITY OF CHULA VISTA: DESKTOP COMPUTERS, PRINTERS, AND PERIPHERALS ALL BIDDERS ARE HEREBY REFERRED TO THE SPECIFICATIONS, BIDDING INSTRUCTIONS AND REQUIREMENTS ON FILE IN THE OFFICE OF THE PURCHASING DIVISION FOR FULL DETAILS AND DESCRlPTION OF SAID PRODUCTS OR MATERlALS REQUIRED, AND PROCEDURE IN BIDDING, THE SAME BEING BY THIS REFERENCE INCORPORATED HEREIN. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PORTION OF ANY BID, OR TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN THE BIDS OR IN THE BIDDING. FOR FURTHER INFORMATION AND COPIES OF SPECIFICATIONS, BIDDING INSTRUCTIONS AND REQUIREMENTS, APPLY TO THE PURCHASING DIVISION. NO BIDDER MAY WITHDRAW HIS BID FOR A PERlOD OF THIRTY (30) DAYS AFTER THE DATE SET FOR THE OPENING OF THE BIDS. ALL BIDS MUST BE SUBMITTED IN SEALED ENVELOPES PLAINLY MARKED WITH BID NUMBER AND TIME SET FOR OPENING. BIDS RECEIVED AFTER TIME SET FOR OPENING WILL BE REJECTED. JOHN P. COGGINS, C.P.M. PURCHASING AGENT DATED OCTOBER 18, ~ Q-lo -1- ~If?- --- ~~-,:'- CIlY Of CHUIA VISTA CITY 01' CHULA VISTA BID NUMBER 13-95/96 BID AND OFFER TO CONTRACT CITY OF CHULA VISTA PURCHASING DMSION 315 FOURTH AVENUE, SUITE .p. CHULA VISTA, CA 91910 TELEPHONE (619) 691-5141 FAX (619) 585·9118 THE BIDDER, HEREINAFTER SOMETIMES CALLED CONTRACTOR, ENTERS HISIITS BID AND OFFERS TO ENTER INTO THIS CONTRACT WITH THE CITY OF CHULA VISTA, HEREINAFTER CALLED CITY, THIS.JBI!.. DAY OF NOVEMBER.I995 AS FOLLOWS: THIS BID, AND OFFER, WHEN DULY ACCEPTED BY THE CITY. SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES. IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREIN MENTIONED TO BE PERFORMED BY SAID CITY, AND UNDER THE CONDmONS EXPRESSED HEREIN AND IN THE PROPOSAL REQUIREMENTS, BID FORMS AND THE SPECIFICATIONS HEREUNTO ANNEXED AND BY THIS REFERENCE INCORPORATED HEREIN. CONTRACTOR AGREES WITH THE SAID CITY, AT HIS OWN PROPER COST AND EXPENSE, TO FURNISH DESKTOP COMPUTERS. PRINTERS. AND PERIPHERALS. DESCRIBED HEREIN AS DETAILED IN SAID SPECIFICATIONS TO THE CITY OF CHULA VISTA. q-1 ·2- ~Irt. ~ ~ -- mY Of CHULA VISfA CITY OF CHULA VISTA BID NUMBER 13-95/96 GENERAL PROVISIONS 1. Upon acceptance of the bid, the City will purchase goods and/or services as described herein for prices set forth by the contractor, and in accordance with the attached specifications. 2. Contractor shan not assign nor delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 3. Contractor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the contractor, at contractor's sole expense. 4. The terms and conditions herein contained, constitute the entire agreement between the parties and supersede all previous communications, whether oral or written. No change to this agreement shall be valid unless made in writing and signed by both parties. 5. The detailed requirements of the specifications shall supersede any general reference made within the proposal. Specific brand names, manufacturers, and model numbers referenced shall be provided unless otherwise noted on the Bid Form and approved by the City. 6. Prompt payment discounts offered of less than fifteen (15) calendar days will not be considered in evaluating bids for award. However, offered discounts of less than fifteen (IS) days may be taken if payment is made within the discount period. In the absence of discount terms, invoices shall be net thirty (30) days from the date of product acceptance or invoice receipt, whichever is later. 7. Unless otherwise specified, acceptance will be at destination and will be made by an authorized employee or representative of the City. Until delivery and acceptance, risk of loss is the contractor's responsibility. 8. Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including Attorney's fees) arising out of this agreement and/or contractor's performance hereunder, provided such damages, liability, and expenses are due to the negligent or willful acts of the contractor, its officers, employees or agents. 9. An bids shall be signed and the firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 10.. An bids shall be presented under sealed cover, properly identified with the bid name, number, and opening date. C( ,8 - 3 - CITY OF CHULA VISTA BID NUMBER 13-95/96 BID FORM THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDmONS HEREIN, TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING: SECTION I COMPUTERS, PERIPHERALS, ACCESSORIES $ SECTION II PERCENTAGE ABOVE LANDED COST % TERMS: % DAYS THE PERIOD OF COVERAGE FOR THIS AGREEMENT SHALL BE NOVEMBER 1, 1995 THROUGH OCTOBER 31, 1996, WITH AN OPTION TO RENEW BY MUTUAL AGREEMENT FOR AN ADDmONAL EIGHT (8) MONTH PERIOD FROM NOVEMBER 1, 1996 THROUGH ruNE 30, 1997. COMPANY NAME ADDRESS CITY 1ST A TE/ZlP TELEPHONE ( ) FAX ( ) PRINT NAME TITLE SIGNATURE . DATE q~'9 - 4- CITY OF CHULA VISTA BID NUMBER 13-95196 GENERAL INFORMATION SCOPE The City of Chula Vista intends to standardize desktop computer requirements and commit to a single supplier over a period of time in accordance with terms and conditions of this proposal. AWARD Award will be made as a lot to the lowest responsive and responsible bidder meeting specifications. Evaluation will be based on a specific departmental request (Section I), aDd a firm, price schedule for subsequent orders (Section 11). The City shall be the sole judge in award of contract. DELIVERY All deliveries shall be FOB - Destination. Delivery points shall be various locations within the City of Chula Vista. However, the majority of orders will be shipped to: City of Chula Vista Central Receiving 707 "F" Street Chula Vista, CA 91910 Delivery shall be made within thirty (30) days after receipt of order. SHIPMENTS Orders shall be delivered complete and ready-for-use. Individual components shall be fully assembled. Only new and unused equipment, materials, and parts will be accepted. Comprehensive user's manuals shall be provided, at no additional cost, for all equipment ordered against this contract. Unless prior authorization has been obtained from the Purchasing Division, partial shipments are MQI acceptable. It is the supplier's responsibility to notify the Purchasing Division whenever an order cannot be shipped in total. ESTIMATED OUANTITIES With the exception of Section I, additional items ordered against this contract are indeterminate. The City will purchase items on an "as-needed" basis throughout the term of the contract. There shall be ~ minimum order requirements. OFF-CONTRACT PURCHASES The City reserves the right to purchase off-contract when availability or non-performance are determining factors. The City may also purchase off-contract technically advanced products for testing and evaluating purposes. q,ID -s- CITY OF CHULA VISTA BID NUMBER 13-95/96 DEDICATED STAFF A primary and back-up sales representative shall be assigned to the City's account. One of these representatives shall be available during normal business hours to answer questions, provide technical support, resolve problems, and quote prices. A toll-free telephone number shall be provided for the convenience of City Personnel. WARRANTY Equipment purchased under this Agreement shall be covered by a three (3) year warranty. This warranty shall cover all labor and parts on-site for the first year; parts only for the second and third years. The warranty shall be effective from the equipment acceptance date by the City. Repairs shall be made or replacement parts provided, within 72 hours after notification by the City. Supplier is responsible for all packaging and shipping costs. BRAND NAMES Whenever reference to a specific brand name is made in this proposal, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the City, thereby incorporating these standards by reference within the specifications. An equivalent ("or equal") may be offered by the bidder, subject to evaluation and acceptance by the City. It is the bidder's responsibility to provide, at bidder's expense, samples, test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City standards. TERMINATION The City may terminate this agreement and be relieved of any consideration to supplier should supplier fail to perform in the manner herein provided. Furthermore, the City may terminate this agreement without penalty upon giving thirty (30) days written notice to supplier. In the event of terminate, the full extent of City liability shall be limited to payment for orders placed and accepted by the City. q,l/ -6- CITY OF CHULA VISTA BID NUMBER 13-95196 SECTION I Pricing for items listed in Section I shall remain firm for a minimum 180 days from the bid opening date. Should additional like products be required by the City, bidder agrees to extend unit prices during this 180 day period, afterwhich, pricing for items listed in Section I shall conform to the price schedule in Section II. mill QIY!lliII DESCR1PTION UNIT PRICE EXTENSION 1 3 EA 2 1 EA 3 1 EA DIMENSION PENTIUM l00cIXPS, OR EQUAL, COMPUTER WITH THE FOLLOWING MINIMUM FEATURES: 16 MB RAM 540 MB, OR GREATER, lOE HD 3.5" INTERNAL FLOPPY DRIVE 15LS COLOR MONITOR 101 ENHANCED KEYBOARD MICROSOFT MOUSE DOS 6.22, OR LATEST VERSION WINDOWS 3.11, OR LATEST VERSION MFR. & MODEL BlO $ $ DIMENSION PENTIUM l00cIXPS, OR EQUAL, COMPUTER WITH THE FOLLOWING MINIMUM FEATURES: 16 MB RAM 540 MB, OR GREATER, lOE HD 3.5" AND 5.25" INTERNAL FLOPPY DRIVES 15LS COLOR MONITOR 101 ENHANCED KEYBOARD MICROSOFT MOUSE DOS 6.22, OR LATEST VERSION WINDOWS 3.11, OR LATEST VERSION MFR. & MODEL BlO $ $ DIMENSION PENTIUM l00cIXPS, OR EQUAL, COMPUTER WITH THE FOLLOWING MINIMUM FEATURES: 16 MB RAM 540 MB, OR GREATER, lOE HD 3.5" AND 5.25" INTERNAL FLOPPY DRIVES INTERNAL TAPE BACK-UP DRIVE WITH RAILS, q~/~ -7- IœM QIX UNIT DESCRIPTION ITEM #3 CONT'D... 4 2 EA 5 2 EA 6 1 EA 7 1 EA 8 2 EA JUMBO 1400 DJ50, OR EQUAL 15LS COLOR MONITOR 101 ENHANCED KEYBOARD MICROSOFT MOUSE DOS 6.22, OR LATEST VERSION WlNDOWS 3.11, OR LATEST VERSION, MFR. & MODEL BID PRINTER, UP LASERJET 5P, OR EQUAL MFR. & MODEL BID PRINTER, UP LASERJET 540, OR EQUAL MFR. & MODEL BID PRINTER, HP DESKJET 660 WITH COLOR OPTION, OR EQUAL MFR. & MODEL BID PRINTER, EPSON LQ 1070 OR EQUAL MFR. & MODEL BID NETWORK REPEATER, ALLIED TELESYS BNC # AT-MR112T-IO, OR EQUAL MFR. & MODEL BID '1-- /3 - 8 - CITY OF CHULA VlST A BID NUMBER 13-95/96 UNIT PRICE $ $ $ $ $ $ EXTENSION $ $ $ $ $ $ CITY OP CHULA VISTA BID NUMBER 13-95/96 mill QIY UNIT DESCR1PTION UNIT PRICE EXTENSION 9 11 EA NETWORK INTERFACE CARDS, SMC EUTE 16-ULTRA BNC COAX, OR EQUAL MFR. & MODEL BID $ $ 10 1000 FT NETWORK CABLE, RGS8AU, OR EQUAL MFR. & MODEL BID $ $ 11 S EA SURGE PROTECTOR, PROXIMA P-IS, OR EQUAL MFR. & MODEL BID $ $ TOTAL $ DO NOT INCLUDE SALES TAX IN BID PRICES. (ENTER TOTAL FOR SECTION I ON THE BID FORM.) SECTION II Bidders shall bid a percentage make-up above landed cost, Landed cost is defined as the contractor's invoice price from manufacturers, plus any incoming freight. For example, if the bidder wishes to bid a mark-up of 15%, the bidder shall insert this percentage in the space provided ami on the bid form. The percentage bid shall cover all line items not covered by firm pricing in Section I. The percentage shall apply without regard to order size, and shall remain firm for the life of the contract. Successful bidder agrees to provide copies of manufacturer's invoices upon request by the City. Invoices requested will be only for items purchased by the City and shall be provided within two (2) weeks of request. Invoices provided will be treated as .proprietary property of the supplier and will either be destroyed or otherwise kept confidential. PERCENTAGE ABOVE LANDED COST !Ií (ENTER PERCENTAGE MARK-UP FOR SECTION n ON THE BID FORM). BIDS\BIDI3 JPC\Jb COMP./PERIP. 10m q--/tf -9- CITY OF CHULA VISTA BID NUMBER 13-95196 DESKTOP COMPUTER SPECIFICATIONS CITY OF CHULA VISTA The following are specifications for microcomputer components for the City of Chula Vista. Not all lots will contain each component, however, any computers specified must conform to these specifications. · Mini-tower Case w/21O Watt Power Supply or greater · System board should be PCI with at least 6 available slots · Intel Pentium Microprocessor · AMI or Phoenix BIOS · 72-pin memory with parity · IDE or SCSI Hard Drives Any of the following manufacturers: Maxtor Conner Micropolis Seagate Western Digital · SCSI-2 controllers Any of the following manufacturers: Future Domain Adaptec · Internal fax modem - 28.8 Data/fax with fax software included: ZOOM US Robotics Intel Cardinal · 101 key keyboard - Keytronics or equivalent- · 3',1, inch, 1.44 MB floppy drive Any of the following manufacturers: Fujitsu Sony 9~/~ -10- CITY OF CHULA VISTA BID NUMBER 13-95196 · 5].4 inch, 1.44 MB floppy drive Any of the following manufacturers: Fujitsu Sony · Internal quad-speed CD-ROM drive Any of the following manufacturers: Sony Toshiba Pioneer · External quad-speed CD-ROM drive Any of the following manufacturers: Sony Toshiba Pioneer · Microsoft or Logitech system mouse · Microsoft or Logitech trackball · Non-interlaced SuperVGA monitor, 1024X768, .28 Dot Pitch or better Any of the following manufacturers: Samsung Shamrock · Ethernet Adapter Cards, 10-base T and BNC Connectors, 16 Bit Any of the following manufacturers: SMC Intel 3-COM Accton · Video Boards, must come with drivers for Windows 3.1 Any of the following manufacturers: . Trident Diamond Number Nine C(//ø - 11 - CITY OF CHULA VISTA BID NUMBER 13-9SI96 · Tape drives (external or internal), should come with software Any of the following manufacturers: Colorado Memory Systems Conner · Printers Any of the following manufacturers: HP Laserjet HP Deskjet Epson dot matrix Panasonic dot matrix · Scanner, flat bed at least 300dpi Manufacturer: Hewlett Packard BIDS\PDCOMP.SPE COMPUTER SPECS JPC\lb 10/86 9-/7 -12- COUNCIL AGENDA STATEMENT ItemÆ Meeting Date: 5/28/96 ITEM TITLE: Iß~l Ç" Resolution Granting the 1996 Richard Welsh Memorial Award to the Olympic Training Center located at 1750 Wueste Road ,/7 Director of Planning ;tJ! City Manager JCd. ~ ../" (4/5ths Vote: Yes_No_) SUBMITTED BY: REVIEWED BY: BACKGROUND: For the past 22 years, the City of Chula Vista and the Chula Vista Chamber of Commerce have sponsored the annual Beautification Awards Banquet. The Beautification Awards Committee, which is composed of members of the Chamber of Commerce, City Council, Planning Commission, Design Review Committee and City staff, reviews projects completed during the previous year, visits the different project sites, and grants the beautification awards to those projects which, in the opinion of the Committee, have contributed significantly to the beautification of our Community. On September 20, 1988, Council created the Richard Welsh Memorial Award in memory of Mr. Richard Welsh, a long-time resident of the city, an architect, an educator and a former member of the Design Review Committee. The award is intended to recognize both superior architectural design and charactedstics exemplifying the beautification of Chula Vista. This year the Beautification Awards Committee has nominated the Olympic Training Facility to receive the 1996 Richard Welsh Memorial Award. RECOMMENDATION: That Council adopt the resolution granting the 1996 Richard Welsh Memorial Award to the Olympic Training Facility and authorizing the Mayor to present the award to the recipient at the annual Beautification Awards Banquet at the San Diego Country Club on June 6, 1996. BOARDS/COMMISSIONS RECOMMENDATION: On April 1, 1996, 1996 the Beautification Awards Committee voted unanimously to nominate the Olympic Training Facility to receive the 1996 Richard Welsh Memorial Award, and on May 13, 1996 the Design Review Committee voted unanimously to endorse the nomination. II) -I Page 2, Item _ Meeting Date: 5/28/96 DISCUSSION: The project site encompasses 150 acres of land located west of Lower Otay Reservoir and Wueste Road within the Eastlake III Planned Community of Chula Vista (see locator). Completed to date are athlete housing, the athlete support facility, the dining facilities and the visitor's center. The project site is, itself, spectacular, and the buildings have been sited so as to take full advantage of the landforms and views. While each individual structure has a somewhat different design theme, individual building elements and materials are repeated, giving a sense of continuity throughout the project. The athlete housing, clustered on the hillside above the athlete center and dining facility, has the intimacy of a village and a comfortable human scale. The dining facility takes full advantage of the breathtaking views, while being sensitively sited so as not to interrupt the vistas. The most impressive building is the Visitor Center, which clearly embodies the pride and spirit of the Olympic Training Center. The splendid approach to the building, the integrated signage and the dramatic building facade facing the plaza with the Olympic flame are all exciting and memorable. The Olympic Training Facility was designed by the prominent architectural firm of Lehman, Smith and Wiseman and Associates, in cooperation with the San Diego architectural firm of Tucker Sadler and Associates. . The Beautification Awards and Design Review Committees based their decision on the project's sensitive siting consideration and overall high quality of architectural design. FISCAL IMPACT: The Richard Welsh Memorial Award Plaque costs approximately $200. The funds have been budgeted in City Council Account 100-105-5222. Attachments: Locator Draft City Council Resolution Exhibits I/)-~ ! i...__._.._.._.. N I i ¡ i' ') ! ¡ ¡,...................... ÆIIDEN11AL -... ..... ""'" ~- .~. - w_ ~ .. · - ." · .... 'u _. ...,.... _w frOtoRIESIDE~ .....,... ..... 1- .u 01 _ ... ~ -. In -- IIQ "-.~ "u · -.- M. ..-- ~ ...- AI". ...~ -.. .... -..eno ..... ""'" - .. u.. ., - - -- u ,- --- .... ....... ....--~~ - - - -- r: EASTLAKE III General Development Plan UNITED STATES OLYMPIC TRAINING CENTER SAN DIEGO THE SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION UNITED STATES OLYMPIC COMMIITEE If) -3 SKIDMORE, OWINGS" MERRILL TUCKER SADLER" ASSOCIATES üCHmCr WYA ASSOCIATES LANDIC.\J'& A&CHmCT RICK ENGINEEltING avo. """"'... 'ATRlCK MADDUX GLUHII: _GN FRANCIS IUtAHE LIGIfDNC ....... VIIBAN SYSTEM ASSOCIATES ........, CONSULT..... TII& M'IUNLEY GROUP .......... CONIIL.... .. E9 ......1- ,...... , .. .. RESOLUTION NO I €$ 31:{" A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING THE 1996 RICHARD WELSH MEMORIAL AWARD TO THE OLYMPIC TRAINING CENTER LOCATED AT 1750 WUESTE ROAD. WHEREAS, on September 20, 1988 the City Council created the Richard Welsh Memorial Award to recognize those projects that have, among other things, superior building functions and design as well as unique characteristics that best exemplify the builder's commitment to beautify our community; and WHEREAS, the Beautification Awards Committee held its annual meeting on April 1, 1996 and voted to nominate the Olympic Training Center to receive the 1996 Richard Welsh Memorial Award; and WHEREAS, the Design Review Committee, at its May 13, 1996 meeting, voted to recommend that the City Council grant the 1996 Richard Welsh Memorial Award to the Olympic Training Center. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCn. hereby grant the 1996 Richard Welsh Memorial Award to the Olympic Training Center and authorizing the Mayor to present the award to the recipient at the annual Beautification Award Banquet at the San Diego Country Club on June 6, 1996. Presented by Approved as to form by Robert A. Leiter, Director of Planning !()- t¡ -I' COUNCIL AGENDA STATEMENT SUBMITTED BY: Item I J Meeting Date 5/28/96 Resolution ~ ~Il..c Accepting bids and awarding contract for "the construction of Median Islands on Country Club Drive in the City of Chula Vista, California.(TF-22 )" Director of Public work" City Manager ~ (4/5ths Vote: Yes_No X ) ITEM TITLE: REVIEWED BY: At 2:00 p.m. on May I, 1996, in the Public Services Building, the Director of Public Works received sealed bids for "the construction of Median Islands on Country Club Drive in the City of Chula Vista.(TF-222)" RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract to Basile Construction, Inc. in the amount of $19,741.22. BOARDS/COMMISSIONS RECOMMENDATION: On November 12, 1992 the Safety Commission reviewed a report from City staff on the Country Club Estates Median Design proposals. After receiving testimony from area residents the Chair of the Safety Commission indicated that he didn't want to see more proposals and felt the current program was effective. He stated he wanted to see staff work with the residents to find a solution that would be pleasing to as many people as possible. The Commission voted 5-0-2 (Matacia and Padilla absent) to have staff schedule a neighborhood workshop meeting and make a design that would make a majority of the residents happy. DISCUSSION: In an attempt to reduce the number of accidents in the Country Club Estates area, the City Council in 1989 approved the temporary installation of traffic channelization delineators at the intersection of Country Club Drive with First Avenue, Palomar Drive, and Sierra Way. In addition, Council directed staff to monitor the effectiveness of these temporary safety measures. During the ensuing four year period, speed, volume studies, and accident statistics in the County Club Estates area have shown that the temporary delineators at these locations have been effective in enhancing traffic safety. Eastbound traffic speeds and volumes were generally reduced. As a result of the November 12, 1992 Safety Commission motion staff scheduled a neighborhood workshop meeting for the three subject intersections. In late December, 1992 staff mailed out approximately 150 notices to all area residents bounded by First Avenue to the west, K Street to the north, Hilltop Drive to the east, and Palomar Drive to the south inviting them to attend the workshop meeting. The staff workshop meeting with the residents was held on Monday, January 25, 1993 and a total of 8 area residents, representing 7 homes out of 150 residences notified were present. At the workshop, five alternative design solutions JI-I Page 2, Item_ Meeting Date 5/28/96 for each of the three subj ect intersections were evaluated. Also evaluated was a sixth alternative design for the intersection of Sierra Way. A "ballot" containing all of the 16 alternatives and their cost was distributed to all in attendance. Costs varied from $2,750 to $29,375 per median design alternative. Each of the 16 alternatives was evaluated on the basis of aesthetics, cost and through traffic maneuverability. An alternative proposing the construction of three raised stamped concrete medians was favored by area residents. Staff prepared a revised design which reduced the size of the largest raised median, incorporated a "pin-on" median detail to reduce the ultimate construction cost and included the installation of stamped concrete medians, pedestrian ramps, sidewalks and traffic control. A "pin-on" median is curb that is placed directly on the surface of the existing pavement and held in place by either steel dowels and/or epoxy adhesive. Funds for the construction of this project were then included in the FY 1995-1996 Capital Improvement Program (CIP) budget. On the bid opening date, bids were received from five contractors as follows, in order of the lowest bid first: CONTRACTOR BID AMOUNT 1. Basile Construction, Inc., San Diego $ 19,741.22 2. Star Paving Corp., San Diego $ 21,500.00 3. Gypsy Queen, Inc" San Diego $ 22,335.00 4. Portillo Concrete., Chula Vista $ 24,725.00 5. A & B Landscaping., San Diego $37,150.00 The low bid received from Basile Construction, Inc. is below the Engineer's estimate amount of $27,205 by $7,463.78 or 27.4% Staff received excellent bids for the proposed work. The Engineer's estimate was based on prices received for similar work in the last several years. Basile Construction has previously done street improvement work for the City and their work has been satisfactory. We have reviewed the low bid and recommend awarding the contract to Basile Construction, Inc. Prevailing Wage Statement This project is funded by the Gas Tax Fund. No prevailing wage requirements were necessary or a part of the bid documents. Compliance with Federal and State minority/women owned business requirements was unapplicable on this project. However, disadvantaged businesses were encouraged to participate and the project was advertised with various minority trade publications per the City's outreach policy. II-¡). Page 3, Item_ Meeting Date 5/28/96 Environmental Status The City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, Section l5301(c) of the California Environmental Quality Act "Existing Highways and Streets." Disclosure Statement Attached is a Disclosure Statement executed by the Contractor. Financial Statement FUND REQUIRED TO AWARD CONTRACT 1. Contract Amount $19,741.22 2. Inspection Staff (approximately 20%) 4,000.00 3. Contingencies (approximately 10%) 2,000.00 TOTAL FUNDS REQUIRED FOR CONTRACT $25,741.22 FUNDS AVAILABLE TO AWARD CONTRACT 1. Country Club Drive Medians, TF-222 $25,741.22 TOTAL FUNDS AVAILABLE TO AWARD CONTRACT $25,741.22 FISCAL IMPACT: This action will authorize the expenditure of $19,741.22 of previously appropriated funds. After construction, only routine city maintenance will be required. Attachment: Contractor's Disclosure Statement ~ ~ SA:1F222 M:\HOME\ENGINEER\AGENDA\CNIRYCLB.A13 { { - 3 )1/ -If 4... \1- (.. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to me a Statement of Disclosure of cenain ownership or fmancial interests, payments, or campaign amtributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 84~ite COft~t~u~tiOft. Ift~. 2. If any person· identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning mOre than 10% of the shares in the corporation or owning any partnership interest in the partnership. Pete~ Allen 84~ile P~e~ident Ð4wn A. 84Ûle CFO/Seor.et.:MU 3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. None 4. Have you had more than $250 wonh of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No Llf yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent ContraCtors who you have assigned to represent you before the City in this matter. Pet.:e~ Allen 84~ile P~e~ident Ð4wn A. 84~a.e CFO/Se~~e:tMY 6. Have you and/or your officers or agents, in the aggregate. contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No..L If yes, state which Council members(s): Date: M4U 1. 1996 . . . (NOTE: Attached addit~es as necessary) · · · ~~~ 12. &<-<1 ,-V Signature of Contractor/Applicant Ð4wn A. 84~ile. CFO/Se~~e:t4~Y Print or type name of Contractor/Applicant . J!mml is defined as: "Any individual, firm, co-parrnership. joinl venture. associolion, social club. fralemol organiZJ1lion. corporation. estate, trust. receiver. syndicate, lhis and any other county, city or country, city municipality. district. or other paUtical subdivision. or any other group or combination acting as a unil. . (I-U 14 r ( MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, November 12, 1992 7:09 p.m. Conference Rooms 2 & 3 Public Services Building CALL TO ORDER 1. Roll Call: Present: Chair Thomas, Commissioners Braden (left at 8:50 p.m.) Chidester, Koester, and Pitts Excused Absence: Vice Chair Padilla, Commissioner Matacia Also Present: Hal Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Sgt. Tom Schaefer, Police Sergeant; Shirley Buxton, Recording Secretary 2. Pledoe of Alleoiance/Silent Praver 3. Ooenino Statement Read by Chair Thomas 4. Aooroval of Minutes August 13, 1992 - No Action Taken MSC (Koester/Braden) to approve the Safety Commission Minutes of October 8, 1992 as presented. Approvad 5-0-2 with Vice Chair Padilla and Commissioner Matacia absent. 5. Soecial Orders of the Dav: Dawn Herring, Budget Manager, presented the current budget situation to the Commission. She also indicated that the Commission would be asked to return 2% of their budget this year. MEETING AGENDA 6. REPORT on Country Club Estates Median Design Proposals Frank Rivera presented staff's report. Dr. W. B. Knox. 851 Country Club OrIve. Chum Vista. CA 91911. said he was representing his neighbors and did not understand staff's proposed recommendation and that it would not help the situation. He said that the current pylons were not a deterrent. Clint Sadler. 47 Palomar Orive. Chula Vista. CA 91911. said that the delineators had reduced accidents and that the area was quieter and safer. He indicated that the design did not matter, but urged the Commission and staff to make something permanent. He asked that when money was available, an attractive median be installed. ( Mike Grflff/. 43 Palomar. Chula Vista. CA 91911. said that staff's previous proposals were more attractive. He was willing to help pay for an attractive median through assessments. Staff's current proposal would not solve the problem and asked the Commission to look at previous proposals. ....-o:-:~ " r:......;:-:..-.; ..;-- -,: ¡ ~~r\~:c;>, ..;", ~Q>~.vI;_5 . ~ ' ~. - .- ~'.'- Safety Commission Minutes November 12, 1 992 ' Page 2 ( Steve Savel, 63 SIfNTa Way, ChuIa VlstB, CA 91911, said there had been four accidents which affected his property prior to the installation of the delineators. He said with staff's current proposal, cars could still go on the wrong side of the street and hit the curbs. He stated that the previous options were a safer design. He said a median in the middle of the street would help to keep motorists on the correct side of the street, which would assist in safety. Hal Rosenberg said that engineers tried to develop ·forgiveness· in a roadway. A median was considered an obstacle to traffic and designs should not be too severe to cause motorists problems. He said if the presented solutions were not acceptable, staff could come back with additional alternatives at a later date. Clyde BU$hong, 866 Country Club Drive, ChuIa VI$tB, CA 9,9", said the temporary intersection had been in place now for three years. He said delineators had not worked on Sierra Way, but had worked on Palomar Drive because the streets were opposite. He said the delineators had not helped in slowing cars down. Even though there had been a reduction in tha number of cars, speeds were increasing. He said that the surrounding areas were 30 and 35 mph and motorists did not realize that they were entering a 25 mph zone. He said there were no speed signs in the area and recommended that staff install signs. Patty Sheffield, 834 FIr$t Avenue, ChuIa VI$tB, CA 91911, originally suggested that Country Club Dtive be a cul-de-sac at the First Avenue intersection. She said motorists go on the wrong side of Country Club Drive from First Avenue. A pressed concrete median was expensive and suggested a median with grass landscaping in the center. \ John Sheffield, 834 FIrst Avenue, ChuIa VI$tB, CA 91911 said the current median at First Avenue end Country Club Drive did not stop motorists from travelling on the wrong side of the street. He asked why staff could not re-adjust the curbs at First Avenue and Country Club Drive and install different medians. Shirley Buxton, Recording Secretary, read two letters into the record from Glen Goerke, 877 Country Club Drive, and Jane Yagada. Chair Thomas said he didn't want to see more proposals and felt the current program was effective. He said he wanted to see staff work with the residents to find a solution that would be pleasing to as many people as possible. MSC (Thomas/Bradan) that staff put together a neighborhood workshop and make a design that would make a majority of the residents heppy. Approved 5-0-2 with Vice Chair Padilla and Commissionar Matacia absent. 7. REPORT on Parking Concerns for the 400 block of Nickman Street Thoma$ Silva, 1130 FIfth Avenue, Chula VI$tB, CA 91911, representing the Sweetwater Union High School District indicated that there were approximately 2,100 students during the day. The traffic was heaviest early in the morning and again in the evening. There were 224 student parking spaces and 44 staff parking spaces. In the northwest corner of the Chula Vista Adult School lot, the District was building another parking lot which would hold approximately 45-50 cars. The lot was expected to be ('. completed next spring. The architect was currently working on the drawings and Mr. Silva would be working on the specifications. He planned to take the item before the School Board early next calendar year. He said 22 parking spaces were already added this year. Chair Thomas said the residents complained that there was no set date for the project and asked the date of construction. Þ. ,""'" !"',',.' "",.'..1'111\,.. ,I!"","~I!!., 11_/ 11 !I~!,:!"",~r:;;f1:f'1~ {\ q...I\1J . f.1D'~ (p ~~~~/;:J'-~-L1\:,:jWjJ.....:-..:.b;;\:.~\.òt,¡:.I1 \J RESOLUTION No.l~MI.::, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING CONTRACT FOR "THE CONSTRUCTION OF MEDIAN ISLANDS ON COUNTRY CLUB DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (TF-222)" WHEREAS, at 2:00 p.m. on May 1, 1996, in the Public Services Building, the Director of Public Works received the following five sealed bids for "the construction of Median Islands on Country Club Drive in the city of Chula vista. (TF-222)": CONTRACTOR BID AMOUNT 1. Basile Construction, Inc. , San $ 19,741.22 Diego 2 . Star Paving Corp., San Diego $ 21,500.00 3. Gypsy Queen, Inc. , San Diego $ 22,335.00 4. Portillo Concrete., Chula vista $ 24,725.00 5. A & B Landscaping., San Diego $37,150.00 WHEREAS, the low bid received from Basile Construction, Inc. is below the Engineer's estimate amount of $27,205 by $7,463.78 or 27.4% and Basile Construction has previously done street improvement work for the City and their work has been satisfactory, therefore, staff recommends awarding the contract to Basile Construction, Inc.; and WHEREAS, this project is funded by the Gas Tax Fund and no prevailing wage requirements were necessary or a part of the bid documents, and compliance with Federal and State minority/ women owned business requirements was unapplicable on this project, however, disadvantaged businesses were encouraged to participate and the project was advertised with various minority trade publications per the City's outreach policy; and WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, section 15301(C) of the California Environmental Quality Act "Existing Highways and Streets." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1. That the City Council concurs in the determination that this project is categorically exempt under Class 1, section 15301(c) "Existing Highways and Streets" of the California Environmental Quality Act, and directs the Environmental I/-r Review Coordinator to file, or ratifies the filing of, a notice of exemption for this project. section 2. That the City Council does hereby accept the bid of Basile Construction, Inc. as responsive. section 3. The City Council awards the contract for "the construction of Median Islands on Country Club Drive in the City of Chula Vista, CA (TF-222)" to Basile Construction, Inc. in the amount of $19,741.22, the lowest responsible bidder which submitted a responsive bid to the approved specifications. section 4. The Mayor of the city of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of Chula vista. Presented by rm by John P. Lippitt Director of Public Works Bruce M. Boog City Attorney C:\rs\.edian.cc II"'? COUNCIL AGENDA STATEMENT Item J ~ Meeting Date 5/28/96 ITEM TITLE: A. Report regarding the completion of design plans for the installation of curb, gutter, and sidewalk improvements, along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue B. Resolution / tf 3/7 Accepting right-of-way and directing staff to complete design plans for the installatIon of curb, gutter, and sidewalk improvements, along the east side of F ourth Avenue between Chula Vista dult School and Orange Avenue (4/5ths Vote: Yes _ NoX) SUBMITTED BY: REVIEWED BY: During the FY 1995-96 Capital Improvement Program (CIP) budget process, Council approved funding for the installation of curb, gutter, and sidewalk improvements along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue (STM302). As approved, the property owners would be asked for gratis dedication of right-of-way. Where gratis dedication was granted, the City would install said improvements at no cost to the property owner. Where gratis dedication was denied, the City would install asphalt berm and sidewalk within the existing right-of- way. Staff has worked with the area property owners during the past six months and obtained gratis dedication from 17 of the 20 property owners affected by the project (See Exhibit A). RECOMMENDATION: That Council accept staff s report and approve the resolution accepting right-of-way and directing staff to complete design plans for the installation of concrete curb, gutter, and sidewalk improvements where right-of-way was dedicated and asphalt curb and sidewalk where right-of-way was refused along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: During the FY 1995-96 Capital Improvement Program (CIP) budget process, Council approved funding for this project. The installation of these improvements was required to provide a continuous pedestrian route between Chula Vista Adult School and the South ChuIa Vista Library. These improvements would also serve the school children from Lauderbach Elementary School located at the northwest comer of Palomar Street and Fourth Avenue. As approved in the budget (cJ. - I Page 2, Item Meeting Date 5/28/96 description, the property owners would be asked for gratis dedication of right-of-way. Where gratis dedication was granted, the City would install said improvements at no cost to the property owner. Where gratis dedication was denied, the City would install asphalt berm and sidewalk within the existing right-of-way. In a letter dated September 11, 1995, staff invited all twenty property owners impacted by this project to a meeting to discuss the scope of the project and the impact it would have on their properties. Staff also invited the principal of Lauderbach Elementary School who had earlier indicated his interest in the project and offered his services in whatever capacity it was required. On September 20, 1995, staff met with nine of the property owners at Lauderbach Elementary School. This meeting venue was chosen because of its proximity to the project and its neutrality in comparison to City offices. At this meeting, staff outlined the scope of work to be done, and informed the property owners, that to construct these improvements, which would benefit them, their tenants, and the rest of the community, they would need to grant the westerly five feet of their property to the City at no cost, and in return the City would construct a monolithic Portland Cement Concrete (PCe) curb, gutter, and five foot wide sidewalk in front of their property at 37 feet off centerline, at no cost to them. We also informed them that the ~rant of ri~ht-of-wav was not mandatory. For any property where the owner did not wish to grant the required easement, the City would construct an asphalt concrete (AC) berm and sidewalk within the right-of-way at 34 feet off centerline. The berm would be set at a three (3) feet offset to the rest of the improvements (Exhibits B & C). Most of the property owners in attendance were supportive of the project, although one property owner indicated a need for monetary compensation. Staff promised to meet with the property owners individually during the course of the design of the project, and solicitation of the right-of-way. Staff completed the design plans for the project assuming the construction of full improvements and in a letter dated February 20, 1996, we asked that the property owners to sign an easement agreement and a deed, and to return them to us prior to March 8, 1996. Subsequently, we have sent two other sets ofletters, each extending the time allowed to return the signed enabling documents necessary to facilitate the right-of-way dedication. To date, staff has met with all the property owners who requested a meeting prior to signing the easement documents, and those who needed further clarification on the scope of the project. We have received signed easement documents from seventeen of the twenty property owners involved in this project (see Exhibit D for Area Plat). It is staff's recommendation that Council accept the easement documents received from the seventeen property owners and direct staff to proceed with the completion of the plans and specifications for this project. Staff has made a considerable effort in communicating with the property owners impacted by this project. The owners who have not signed their documents to date, have chosen not to participate due to a desire to get monetary compensation and/or considerable work on their property free of charge, /;¿-rX Page 3, Item Meeting Date 5/28/96 even though we have clearly defined the project guidelines to them. Staff recommends that we proceed with the completion of the plans and advertising ofthe project since all those owners who wish to participate in the project have submitted their documents and the rest of the community are waiting for us to get started. As indicated above, the completed plans would provide for the construction of asphalt curb and sidewalk adjacent to those properties where right-of-way dedications was refused. All the property owners on the eastside of Fourth Avenue impacted by the project have been notified of this meeting. Construction Schedule Upon adoption of this resolution and direction by Council, staff will proceed with the project as scheduled. The project is scheduled to be advertised for bids on June 1, 1996 with bids received on June 26,1996. Award ofthe contract will be scheduled for July 16, 1996. Upon execution of the contract on August 1, 1996, construction will begin on August 19, 1996 for a period of 90 working days ending on December 30, 1996. Thirty (30) working days will be allowed for utility relocation. FISCAL IMPACT: Funding for this project was budgeted in FY 1995-96 ClP budget process. The total amount budgeted was $405,000. The current engineer's estimate for this project is $462,000. Staff has requested an additional appropriation of $57,000 in the FY 1996-97 ClP budget to cover the cost of additional improvements resulting from an increase in the scope of work. The area between Morehouse Street and Orange Avenue was not included in the original scope of the project because the buildings in that area were too close to improvements. However, during the course of the design of the improvements and meetings with the property owners, the owners indicated their intention to participate in the project, and upon further review by staff, the scope of the project was revised to include that portion of Fourth Avenue. The project, as budgeted, will utilize Transportation Partnership and Transnet Funds. AC:sb File No: 0735-10-STM302 Exhibit A: Exhibit B: Exhibit C: Exhibit D: List of Affected Property Owners Roadway Cross-sections for areas granting right-of-way and areas without additional right-of-way Roadway Cross-sections showing ultimate improvements Area Plat M:\HOME\ENGINEER\AGENDA \4THSIDWL.AC /c2--3 ., EXHIBIT "A" LIST OF PROPERTY OWNERS WHO G~ED THE REOUIRED RIGHT-OF-WAY FOR THE CONSTRUCTION OF FOURTH AVENUE IMPROVEMENTS PETERSON FAMILY TRUST OF 1989 - JOSE R & MARIA S MORONES CATHY MCCLESKEY ~--~ r--.. GRANT D JACOBSON GERALD C. CELESTIN MANUEL L. & GERALDINE R & LEOS ~ TENNIE W & MARY M LILLY T~__ ~-- - /..2. - r¡ ANGELA SALAS - MARIA L. ABOITE & JUAN G. ZARZA SHENZA RICCHIUTI - -.- _..~~. . ~- - - JAMES J. & JANE O. GRIMM MAX D & CONSUELO L LOPEZ SHIGEKAZU & YOSHIE M MATSUSHITA TR ~ CHRISTINE I & P. R. WEST --^ -- GRETCHEN HORN TR - -.--- !)~S LUPE M ACUNA TRUST -, -.. ARNOLD M & ANA M CECENA - LIST OF PROPERTY OWNERS WHO DID NOT GRANT THE REOUIRED RIGHT-OF-WAY FOR THE CONSTRUCTION OF FOURTH AVENUE IMPROVEMENTS VIVIAN I LYNN REVOCABLE TRUST 1 --.... .'- ADRIANO L & DELIA D RIESGO GUSTAVa & GUADALUPE C GARCIA 1IIr .. ~1 1 ~ M:\HOME\ENGlNEER\DESIGN\4THROWGl.LST I~-¿' INST ALLA TION OF CURB AND SIDEWALK IMPROVEMENTS, ALONG THE EAST SIDE OF FOURTH AVENUE FROM CHULA VIST A ADULT SCHOOL TO ORANGE A VENUE IN THE CITY OF CHULA VISTA, CALIFORNIA File #STM302-4 LIST OF PROPERTIES REOUIRED TO GRANT RIGHT-OF-WAY NEEDED TO CONSTRUCT IMPROVEMENTS PROPERTY (APN) ADDRESS 1. 619-050-36 2. 619-050-64 3. 619-110-10 4. 619-110-21 5. 619-110-22 6. 619-110-12 7. 619-110-13 8. 619-110-14 9. 619-211-04 10. 619-211-22 11. 619-211-21 12. 619-211-20 13. 619-290-12 14. 619-290-16 15. 619-290-17 16. 619-290-19 17. 619-290-21 18. 619-290-44 19. 619-290-45 20. 619-290-46 1089 F ourth Avenue 1095-97 Fourth Avenue 1173 Fourth Avenue 1179 Fourth Avenue 1183 Fourth Avenue 1187-89 Fourth Avenue 1191 Fourth Avenue 1195 Fourth Avenue 1211-13 Fourth Avenue 1223 Fourth Avenue 1225 Fourth Avenue 1227-31 Fourth Avenue 1323 F ourth Avenue 1341 F ourth Avenue 1345 Fourth Avenue 1347-49 Fourth Avenue 1353 Fourth Avenue 1385 Fourth Avenue 1391 Fourth Avenue 398 Quintard Street (M:\IIOMEIENGlNEERIDESIGN\41HRDW,LST) 1:1-1 )~-<6" September 20, 1995 File II STM-301 - 4 FOURm AVENUE IMPROVEMENTS FROM CHULA VISTA ADULT mGHT SCHOOL TO ORANGE AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA PROPERTY OWNER'S BRIEFING A'ITENDANCE UST ,\, .- I "i :\ I~-~ - · . _·0 0 EXHIBIT "B" to t VARIES , IMPROVEMENTS ALONG THIS SIDE WILL BE CONSTRUCTED IN A SUBSEQUENT PHASE , , I·... PARKING ADDmONAL RIGHT-OF-WAY AVAILABLE to t VARIES I IMPROVEMENTS ALONG THIS SIDE WILL BE CONSTRUCTED IN A SUBSEQUENT PHASE , , .-/. I-I. - A.C. CURB AND SIDEWALK PARKING , ,;¿' ADDmONAL RIGHT-OF-WAY NOT AVAD..ABLE PROPOSED IMPROVEMENTS ALONG EAST SIDE DATE: PROJECT TITLE INSTALLATION OF IMPROVEMENTS ALONG THE EASTERN SIDE OF FOURTH AVENUE, BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE AVENUE . DRAWN BY: K.P.A. EXHIBIT "C" t. t. , , , , -5:5' .s'r- 4 z% t-'" ~ PARKING~ I~' l,z' J. ,:' 1,2·1,%· J;j2MRKING PROPOSED ULTIMATE CROSS-SECTION DATE: 4/08/94 ~-/t> fROJECf TITLE INSTALLATION OF IMPROVEMENTS ALONG THE EASTERN SIDE OF FOURTH AVENUE, BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE AVENUE DRAWN BY: K..P.A 1 _' J I Q = E-< - ¡::Q - ::z:: >< ~ 'S WM't ¡¡ .~ JSOf' SJN01IOft .......l-.., ~ã9 :iiII!~ ~ ¡i d 1 ~ONVl\ .1.\'11 Hlnos "] JJAOf' ¡¡ 1 OMlJ~ NlJJ Y JNIV1J S3NOl . ...... ....... 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QOO~O ~ I I> I <-E-<E-<OE-< z==~= ~~~~~ t:¡~~....~ I I I ø~11 c' Amended 5/28/96 RESOLUTION NO. 18317 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING RIGHT-OF-WAY AND DIRECTING STAFF TO COMPLETE DESIGN PLANS FOR THE INSTALLATION OF CURB, GUTTER, AND SIDEWALK IMPROVEMENTS, ALONG THE EAST SIDE OF FOURTH AVENUE BETWEEN CHULA VISTA ADULT SCHOOL AND ORANGE AVENUE WHEREAS, during the FY 1995-96 Capital Improvement Program (CIP) budget process, Council approved funding for the installation of curb, gutter, and sidewalk improvements along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue (STM302); and WHEREAS, as approved, the property owners would be asked for gratis dedication of right-of-way; and WHEREAS, where gratis dedication was granted, the City would install said improvements at no cost to the property owner and where gratis dedication was denied, the City would install asphalt berm and sidewalk within the existing right-of-way; and WHEREAS, staff has worked with the area property owners during the past six months and obtained gratis dedication from 17 of the 20 property owners affected by the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept right-of-way from the following properties: PROPERTY (APN) ADDRESS 1. 619-050-36 2. 619-050-64 2. 619 110 10 4. 61911021 5. 61 9-11 0-22 6. 619-110-12 7. 61 9-11 0-1 3 8. 619-110-14 9. 619-211-04 10. 619-211-22 11. 619-211-21 12. 619-211-20 13. 619-290-12 14. 619-290-16 15. 619-290-17 16.619-290-19 17. 619-290-21 18. 619-290-44 19. 619290 H; 20. 619-290-46 1089 Fourth Avenue 1095-97 Fourth Avenue 1172 Fe\,Jtth Avenue 1179 Feurth AveR¡,¡e 1183 Fourth Avenue 1187-89 Fourth Avenue 1191 Fourth Avenue 1195 Fourth Avenue 1211-13 Fourth Avenue 1223 Fourth Avenue 1225 Fourth Avenue 1227-31 Fourth Avenue 1323 Fourth Avenue 1341 Fourth Avenue 1345 Fourth Avenue 1347-49 Fourth Avenue 1353 Fourth Avenue 1385 Fourth Avenue 1391 Feurth Avenue 398 Ouintard Street I~ 8-1 Resolution 1831 7 Page 2 BE IT FURTHER RESOLVED that staff is directed to complete design plans for the installation of curb, gutter, and sidewalk improvements, along the east side of Fourth Avenue between Chula Vista Adult School and Orange Avenue. Presented by Approved as to form by John P. Lippitt Public Works Director Bruce M. Boogaard City Attorney , I~ ß-d, CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: Item ß Meeting Date OS/28/96 RESOLUTION \8,?\g Approving the Consolidated Plan for Fiscal Year 1996-97 including both the FY 1996-97 Community Development Block Grant (CDBG) and. HOME Investment Partnership (HOME) program budgets and authorizing transmittal of the FY 1996-97 Consolidated Plan to the U.S. Department of Housing ~~ Urban Development (HUD) Community Development Director tJj! w- C S City Manager ITEM TITLE: REVIEWED BY: (4/5ths Vote: Yes NoL) RECOMMENDATION: Staff is recommending that this item be continued to the meeting of June 4, 1996 at a time certain of 6:00 p.m. Staff would like additional time to confer with funding applicants regarding viable levels of funding. \~-\ COUNCIL AGENDA STATEMENT /1/. It~ Meeting DJ!1r" "{p., l~ f.Þ8hlø ITEM TITLE: Public Hearing: PCM 95-01; Consideration of approving the Otay Ranch Sectional Planning Area (SPA) One Plan including the Planned Community District Regulations, Overall Design Plan, Village Design Plan, Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan, Non- renewable Energy Conservation Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable Housing Plan, and Geotechnic Report SUBMITTED BY: Special Planning Project Manager, Otay Ranch REVIEWED BY: City Managerø (4/5 Vote: Yes_ NoX1 The Baldwin Company has submitted the first Otay Ranch Sectional Planning Area (SPA) Plan governing Villages One and Five. SPA One covers 1,061.2 acres generally located south of Telegraph Canyon Road between Paseo Ranchero and the future SR-125 alignment. The Otay Ranch SPA One application is the first SP Alspecific plan submitted to implement the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) jointly approved by the City and the County of San Diego in October of 1993. The public hearing on SPA One was continued in November of 1995 in order for new information to be added to the SPA One EIR. Portions of the EIR containing new information were recirculated for public comment. ISSUES: The following are unresolved policy or design issues between the project applicant, City staff and/or the Planning Commission or other parties. Separate analysis on each of these issue is included in Section 5 of this Agenda Statement. Small Park Credit/Criteria Park Credit Timing Eastlake Parkway Access Gated Communities RMP - Joint Powers Agreement RMP - In-lieu-fee Program Habitat EducationlRecreation Funding Project Phasing Trigger Points Multiple Ownership CCSRSP Al.DOC May 9,1996 )If-f Page 2, Item Meeting Date: 5-14-96 RECOMMENDATION: That the City Council conduct the Public Hearing on the proposed Otay Ranch SPA One Plan (pCM 95-01); and, if the applicant pays its fees owing to the City, Adopt Resolution approving the Otay Ranch SPA One Plan (pCM 95-01), subject to the proposed conditions of approval, and including the Overall Design Plan, Village Design Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Public Facilities Finance Plan, Phase 2 Resource Management Plan, Non-renewable Energy Conservation Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable Housing Plan, and Geotechnical Report as amended. Adopt Ordinance approving the Otay Ranch Sectional Planning Area One Planned Community District Regulations (pCM 95-0IB), BOARDS/COMMISSIONS RECOMMENDATION: Design Review Committee: On October 23, 1995, the Design Review Committee voted unanimously to recommend approval of the Overall Design Plan for the Otay Ranch and conceptual approval of the Village Design Plan for SPA One, Villages One and Five of the Otay Ranch. Housing Advisory Committee: On November 22, 1995, the Housing Advisory Committee voted unanimously to recommend adoption of the Ranch-wide and SPA One Affordable Housing Plans Parks and Recreation Commission: The Parks and Recreation Commission reviewed the SPA One Parks Master Plan in August of 1994 and in January, March and April of 1995. On October 26, 1995, the Commission voted 5 to 2 to recommend approval of the SPA One Plan for Villages One and Five with the pedestrian parks to receive partial credit ITom 25% to 50% to be determined by staff only if the pedestrian parks are maintained by a homeowners association or landscape/open space maintenance district. Planning Commission: The Planning Commission met on March 27, April 10, April 24 and May 1, 1996 to conduct public hearings on the SPA One Plan, At the May 1, 1996 meeting, the Planning Commission adopted Resolution PCM 95-01 recommending the City Council approve the Otay Ranch SPA One Plan (pCM 95-01) including the Overall Design Plan, Village Design Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Public Facilities Finance Plan, Phase 2 Resource Management Plan, Non-renewable Energy Conservation Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable Housing Plan, and Geotechnical Report with the proposed conditions of approval. In addition, the Commission also adopted Resolution PCM 95-01B recommending the City Council approve the SPA One Planned Community District Regulations. The Planning Commission made separate recommendations on each of the unresolved issues which are included in the Section 5 of this Agenda Statement. CCSRSPA2,OOC May 9, 1996 I.' Page 3, Item Meeting Date: 5-14-96 DISCUSSION: 1. Site Characteristics: SPA One is located in the Otay Valley Parcel of the Otay Ranch on 1,061 acres south of Telegraph Canyon RoadlOtay Lakes Road. SPA One includes all of Village Five and the portion of Village One east of Paseo Ranchero. Historically, this portion of the Otay Ranch has been used for ranching, dry-farming, and truck farm activities. The site is currently vacant, unoccupied and unimproved. The rolling hills of Villages One and Five are adjacent to Telegraph Canyon to the north and Poggi Canyon on the south. The Otay Water District property is located on the east side of Village Five, and the future Sunbow project is located to the west of Village One. 2. Zonim! and Land Use: Villages One and Five, along with the entire Otay Ranch properties, were prezoned Planned Community (PC) as part of the General Development Plan (GDP) process. The PC zone implements the GDP by requiring the preparation of a sectional planning area (SPA) plan. The SPA plan provides for the orderly planning and development of large tracts of land with a variety of land uses, The Otay Ranch GDP requires the SPAs to implement the pedestrian oriented village concept. SPA One accomplishes that goal. The Otay Ranch GDP and the PC Zone also require additional master plans and studies to be completed in conjunction with the first SPA. Those include: Planned Community District Regulations, Overall Design Plan, Village Design Plan, Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan, Non-renewable Energy Conservation Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable Housing Plan, and Geotechnical Report, These plans and reports are outlined in the Document Organization Flow Chart, Exhibit 1-1, of the SPA One Plan and summarized in the Project Proposal section of this agenda statement. Since this is the first SPA application in the Otay Ranch, the GDP requires the preparation of several additional Ranch-wide plans including the Overall Design Plan (ODP), Ranch-wide Affordable Housing Plan and Phase 2 Resource Management Plan (RMP). The GDP further requires concurrent approval of the ODP and Phase 2 RMP Funding and Conveyance Plans and Preserve OwnerlManager (p0M) by the County of San Diego and the City of Chula Vista prior to the adoption of the first SPA. The San Diego County Planning Commission reviewed and recommended approval of the ODP at their May 26, 1995 meeting. On the November 17, 1995 the County Planning Commission recommended approval of the Funding and Conveyance Plans and the formation of the POM. The Board of Supervisors on March 6, 1996 adopted the Funding and Conveyance Plans, POM and Overall Design Plan. CCSRSP A2.DOC May 9,1996 '. 3 Page 4, Item Meeting Date: 5-14-96 3. Proposal: SPA One Plan The Spa One Plan is the land plan proposed by the applicant and recommended by City staff with modifications. This plan is a revision of Alternative B in the SPA One Environmental Impact Report (EIR). The revisions were prepared to respond to staff concerns over the original submittal. Staff is satisfied the proposed SPA One Plan meets the goals, objectives and policies of the Otay Ranch GDP with the resolution of the policy issues and adoption of the proposed conditions of approval. The plan proposes initial access points to Villages One and Five off Telegraph Canyon Road. These access points are proposed to enable the applicant to start construction of single-family homes in the villages without the major inftastructure improvement costs associated with constructing La Media. Second phases will provide access from Paseo Ranchero and La Media, The plan also proposes pedestrian parks located in the single-family neighborhoods. The applicant believes these parks are a key component of the pedestrian-oriented village concept. Both villages implement the GDP village concept policy by planning the villages around urbanized cores that contain future transit stations at the center of the village. Elementary school sites are planned for each village just off the core along with large neighborhood parks. Telegraph Canyon Road and East Orange Avenue are Prime Arterial streets in scenic corridors that border SPA One on the north and south. The Prime Arterials providing north/south access are Paseo Ranchero and La Media (the extension of Otay Lakes Road south into the project), These roads provide sidewalks on one side and regional trails on the other. Palomar Street is planned as a Village Entry and Core street and it is proposed that the transit right-of-way run in the street median. Placing the transit in the median eliminates the need for gates on the village streets under current Public Utilities Commission and Metropolitan Transit Development Board (MTDB) design criteria, The transit alignment is designated on the SPA land use plan, and its dedication will be a condition of tentative map approval. However, transit alignment west and south of SPA One still needs to be determined and construction funding identified for extending the transit to Villages One and Five. The Village Core streets also have a 10-foot electric cart path in addition to a 5-foot sidewalk on one side of the street. The Promenade streets provide the main pedestrian access to the village core. These streets have a 6-foot wide sidewalk with an 8-foot parkway with trees on both sides of the sidewalk. This design promotes a better pedestrian walking environment than City- standard monolithic sidewalks by providing a shaded walkway separated from the street. The Promenade streets run from the residential areas to the village core. Residential streets are proposed to have 6-foot parkways with street trees and 4-foot sidewalks to enhance the pedestrian experience. A specific list of street trees using root barriers has been developed to avoid root damage to sidewalks. CCSRSPAl,DOC May 9, 1996 I~ 1- ¥ Page 5, Item Meeting Date: 5-14-96 While cart paths are part of the village design in the paseos, promenade and village core streets, no provision is proposed by the project applicant to make electric carts available as part of the home sale. The City's Environmental Resource Manager has identified funding sources that could assist in acquisition by residents of electric carts in the future. Staff believes the carts will be utilized when the village core or other destinations are built. The pedestrian bridge between Villages One and Five has been included in the Public Facilities Finance Plan and required by the conditions of approval. Its construction between the two villages will be phased with other improvements. The future bridges to Village Two and Six are proposed to be financed by the facilities portion of the open space maintenance district. In November of 1995, the Baldwin Company modified their SPA One proposal to include eight gates at entrances into the single-family neighborhoods north of Palomar Street. These gates will restrict vehicular access but not public pedestrian, bicycle or electric cart access. The gates would control the access to most of the single-family product in SPA One. They would not impede access to the multi-family sites or any of Village-wide services in SPA One such as the neighborhood parks, the elementary schools, the commercial areas in the village cores or the community purpose facility sites. The Chula Vista Elementary School District will provide school bus service on the private roads behind these gates. The proposed gates would be staffed or electronically controlled and provide visitor lane with turn around and resident lane. Behind these proposed gates, streets and pedestrian parks would be privately maintained but constructed to City standards. The storm drains the gates would be private up to the point where they collect runoff from public streets. The lighting located on the private streets would be private but also conform to public standards. Four gates are proposed for each village. The four gates in Village One would be located on the Residential Promenade streets that provide the access into the single-family neighborhoods. Three gates control the access from Palomar Street and the fourth is located at the entrance from Telegraph Canyon Road. In Village 5, two gates control the access on the Residential Promenade streets form the village core while the other two are located at the entrances at Telegraph Canyon Road and fTom EastLake, Village One Village One comprises 585 acres located in the northwestern portion of the Otay Valley Parcel. Village One is an urban village with transit and pedestrian orientation. The land use pattern emphasizes balanced yet diverse land uses, environmentally sensitive development, transit and pedestrian orientation, and creating a "sense of place" for the Village One residents. The village core is centrally located and includes 1,566 multi-family residential units, an elementary school site, two neighborhood parks, commercial and Community Purpose Facility (CPF) sites and the light rail transit right-of-way. The Village One core is based on a traditional "main street" theme. The main street concept is implemented with commercial, office and public/quasi-public uses along a pedestrian rnendly, tree lined main street with a transit station. The secondary area of Village One contains 1,314 single-family homes with a range of lot sizes and two pedestrian parks. CCSRSP A2.DOC May 9.1996 ,..., - s Page 6, Item Meeting Date: 5-14-96 Village Five Village Five is comprised of 476 acres located south of Otay Lakes Road between La Media and the future alignment of SR-125. Village Five is an urban village to be served by the light rail transit. The land use pattern emphasizes balanced yet diverse land uses, environmentally sensitive development, and transit and pedestrian orientation creating a "sense of place" for the Village Five residents. The village core is located in the southwestern portion of the village and includes 1,615 multi-family units, an elementary school site, two neighborhood parks, a town square, commercial and CPF sites and light rail transit right-of-way. The Village Five core identity is based on a traditional town square design. Commercial buildings, multi-family units, community purpose facilities and a larger neighborhood park are planned around the town square park. The transit station for the light rail has also been planned at the town square. The Village Five secondary area contains 1,263 single-family units in a variety of densities. Planned Community District Regulations Part III of the SPA One Plan contains the Planned Community (PC) Regulations. These regulations will be adopted pursuant to Title 19, Zoning, of the Chula Vista Municipal Code and are intended to implement and integrate the Chula Vista General Plan, the Otay Ranch GDP and the SPA One Plan. These regulations set forth the development and use standards for all property within the Otay Ranch Planned Community District for setbacks, building heights, parking requirements, landscape requirements, land use restrictions, lot sizes and signage regulations. The PC District Regulations are organized into three different land use districts: Residential, Village Core, Open Space and Parks, The PC will be adopted by ordinance by the City Council. Each of the three land use districts are divided into specific land use categories as follows: Residential: Single-Family Three (SF-3) Single-Family Four (SF-4) Residential Multi-Family One (RM I) Residential Multi-Family Two (RM 2) 5,000-8,000 square foot lots 3,000-5,000 square foot lots Small lot single-family detached housing Attached multi-family housing It is the intent of the residential regulations to provide one set of residential regulations for the entire Otay Ranch. The SF-4 designation is proposed for small lot single-family home projects such as auto court or alley products. The SF-3 designation will allow standard single-family projects. The rural villages that have lower density single-family GDP designations will have the SF-E, SF-I and SF-2 districts designations. These designations are not part of this SPA One Plan. The Village Core Districts contain the Commercial (C) and Community Purpose Facility (CPF) designations, and the Open Space/Park District contains the Open Space/Park One and Two designations. Additional sections in the PC District Regulations cover special and conditional uses, comprehensive sign regulations, off street parking and administration of these districts. CCSRSPA2,DOC May 9,1996 11f.-G. Page 7, Item Meeting Date: 5-14-96 Neo-traditional design concepts are described in the Village Design Plan and are included in the PC District Regulations. The regulations require a minimum number of "Hollywood" driveways, rront porches and other neo-traditional elements to be provided in Villages One and Five. The project applicant is concerned with the Community Purposes Facility requirements for SPA One. The concern focuses on the amount ofland required and the limited land uses allowed in the designation. The Zoning Ordinance allows additional uses in the SPA CPF designation upon the approval of the Planning Commission. The applicant may propose additional uses in the SPA One CPF designation which staff will bring forward to the Planning Commission at a later time. Additional SPA One Documents The SPA One Plan is organized as outlined in the Document Organization Flow Chart, Exhibit I- I, of the SPA One Plan and summarized in this section of the agenda statement. Errata sheets are attached for the SPA One Plan and Village Design Plan that propose minor changes to correct topographical and grammatical errors. A. Overall Design Plan The Overall Design Plan (ODP) identifies the major design features that will tie the 23,OOO-acre Otay Ranch Project together. The goal of the Plan is to identify the features that will be present in all three major parcels to let people know they are within the Otay Ranch. The ODP is required by the Otay Ranch GDP and is one of the plans that requires both City and County approval. The San Diego County Planning Commission reviewed and recommended approval of the ODP at their May 26, 1995 meeting. The Board of Supervisors adopted the ODP on March 6, 1996. The ODP identifies nine unifying elements that tie the three major parcels together. Those elements are: Riparian Meander, Mountain Landforms, Dominant Skyline Landscape Treatment, Major Streetscapes, Landscape Palette, Signage, Furnishings, Linkages and Pedestrian Design The ODP design elements will be applied and implemented in two ways: through open space, streetscape and landscape zones and by identifying elements, linkages and destinations. These elements further define functional outdoor spaces, enhance natural features and create a cohesive sense of community. Each feature is fully explained with text and exhibits. Special design criteria are also provided for grading and viewshed development. B. Village Design Plan The Village Design Plan (VDP) is required by the Otay Ranch GDP for each village at the SPA level of planning. Villages are the heart of the Otay Ranch communities, and the GDP requires special attention to such design considerations as overall character, creation of a sense of place and pedestrian/transit orientation of the village core. Village-specific design guidelines are required to address the following: landscaping and streetscapes, signage, site plan, grading and CCSRSP A2.DOC May 9. 1996 ,'#.- 7 Page 8, Item Meeting Date: 5-14-96 architectural guidelines, special visual studies and the village core concept. Conceptual design for the gates to the single-family neighborhoods are also provided. The SPA One VDP is divided into three main sections. Part One establishes the overall fÌ"amework for future village design plans and addresses overall design guidelines and administrative procedures which will apply to this and each of the subsequent Otay Ranch villages. Part One also provides a description of the "village concept", addresses the required design elements of the Overall Design Plan and presents guidelines for the pedestrian/transit orientation of the villages. Part Two and Three address the specific design guidelines for Villages One and Five, respectively. When the Design Review Committee (DRC) reviewed this plan, the graphics had not been updated to reflect the B-2 Alternative, so they recommended approval of the plan in concept. No additional review of the plan by DRC is necessary since the B-2 Alternative was presented during their review. C. Public Facilities Financing Plan The Otay Ranch GDP and the City's Growth Management Program require the preparation of a Public Facilities Finance Plan (PFFP) in conjunction with each SPA Plan for the Otay Ranch. The PFFP is required to ensure that the phased development of the villages is consistent with the GDP and General Plan Quality of Life Threshold Standards. The PFFP is based on the phasing of SPA One Plan, This phasing is done to assist in the prediction of when additional or upgraded facilities will be needed to meet or maintain compliance with the City's Quality of Life Threshold Standards. The PFFP provides recommended mitigation necessary for the continued compliance with the Growth Management Program and Quality of Life Threshold Standards, WilIdan Associates was selected to prepare the PFFP for SPA One. Public facility master plans for all utilities have been prepared for the SPA One Plan as indicated in the document organization chart, Master plans for water, water conservation, sewer and drainage were used as the basis for the PFFP. Those plans reflect Alternative B-2 and indicate that acceptable levels of service and threshold standards can be maintained ifthe recommended conditions are implemented. Approval of SPA One includes the approval of these master plans, The PFFP identified several issues that require addition attention in the Plan and conditions of approval. The GDP indicates the developer of the Otay Ranch is to participate in the Otay Ranch's fair share of the operation and maintenance cost for the light rail transit. The PFFP concludes that the dedication of transit right-of-way constitutes the Otay Ranch's fair share obligation for construction. For operation and maintenance, the conditions require the project developer enter into an agreement not to protest the formation of a regional benefit district for the enter South Bay line. The PFFP indicates that the Public Facilities Development Impact Fee (PFDIF) area does not include the Otay Ranch. The PFFP indicates the PFDIF needs to be updated. The conditions of CCSRSP A2.DOC May 9,1996 1'1 ,- cr Page 9, Item Meeting Date: 5-14-96 approval require the SPA One developer to finance the update prior to approval of the first final map, and allow ) 00% credit for the cost of the update study. The PFFP further identifies that the first high school and community park will be needed sooner in the development of the Otay Ranch than previously anticipated. The conditions of approval require the identification, grading and transfer of these two sites at specific trigger points during the development of SPA One. The Baldwin Company has initiated the formation of benefit assessment districts with both school districts. D. Parks, Recreation, Open Space and Trails Plan The Otay Ranch GDP requires the preparation of a Parks Master Plan for each SPA. The SPA One Parks, Recreation, Open Space and Trails Master Plan is the project applicant's proposal to satisfY the GDP requirements. The Plan presents the Otay Ranch Park System with its recreation facility requirements including plans for open space, trails and community gardens in SPA One, Phasing, funding and maintenance are also part of the Plan. This Plan satisfies the GDP requirement for a recreation access master plan. The Plan's proposals are sightly different trom the standard City parks and open space requirements. SPA One's local park obligation at 3 acres per 1,000 population is 49.7 acres, The applicant has proposed that 2/3 of this obligation be satisfied by neighborhood parks within SPA One, and the remaining 1/3 obligation would be satisfied by the future community park in Village Two unless the location is change by subsequent GDP amendments, Based on a household population of2.88, SPA One requires 33.2 acres of neighborhood park. SPA One proposes 41.7 acres of neighborhood and pedestrian parks. The 34.2 acres of neighborhood park exceeds the park standard, The 7.5 acres of pedestrian parks located in the gated neighborhoods are not eligible for park credit under current City policies. The SPA One Parks Master Plan is based on the SPA One Plan, The Spa Plan is a refinement of the B Alternative in the SPA One EIR, Staff supports and recommends approval of the Village One and Village Five proposed neighborhood and pedestrian park locations with the exception of Park P-2, This 7.3 acre neighborhood park is located in the single-family area on the south side of Palomar Street east of the village core. Staff recommends this park be relocated just to the east to better serve the single-family neighborhoods on the east side of Village One. The conditions require the relocation of Park P-2 across the Promenade Street to the west end of Neighborhood R-12, The Parks and Recreation Commission has recommended the park plan as proposed by the project applicant with conditions on maintenance and credit. They recommended maintenance for the pedestrian parks not be funded by the General Fund but by an open space maintenance district or homeowner's association. They recommended 25% to 50% credit for the pedestrian parks be determined by City staff. Staff recommends that pedestrian park credit range trom 25% to 50% depending on compliance with small park criteria that will be developed by City staff. Pedestrian parks located within gated neighborhoods will not receive park credit under current City policy. The Parks Master Plan will be revised to reflect the plan adopted by the City Council. CCSRSP A2.IJOC May 9,1996 "1- , Page 10, Item Meeting Date: 5-14-96 Open space areas and street parkways and medians will be maintained by an open space and landscaping assessment district. Conditions are proposed by staff requiring the project applicant to study the feasibility oHorming a master open space maintenance district for the entire Otay Valley parcel. Future SPAs will annex to this district as development occurs. E. Regional Facilities Report The Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) requires that SPA applications be accompanied by a Regional Facility Report, This report identifies the forecasted demand for regional facilities generated by development of the SPA One Plan and addresses how that demand will be satisfied. The regional facilities considered in this report, as required by the GDP, are Integrated Solid Waste Management, Arts and Cultural Facilities, Child Care Facilities, Health and Medical Services and Facilities, Hospitals, Mental Health Facilities, Community Clinics, Nursing Facilities, Community Health, Education, Screening and Research Organizations, Medical Practitioners, Community and Regional Purpose Facilities, Social and Senior Services, Correctional Facilities, Justice Facilities and Cemetery Facilities. F. Phase 2 Resource Management Plan The Resource Management Plan (RMP) is a comprehensive plan for the preservation, enhancement and management of sensitive natural and cultural resources within the Otay Ranch. The tasks required to implement the RMP are collectively called Phase 2. Phase 2 is comprised of the resource related studies, plans and programs that are required prior to the approval of the first SPA. A Habitat Maintenance Assessment District is proposed to maintain the Otay Ranch Open Space Preserve as identified in the Phase 2 RMP. This district is proposed to maintain all of the 11,375 acres in the preserve and will be funded by the residences of the Otay Ranch. This district is limited to charging $25 per year per parcel by State law with adjustments for inflation. The GDP does not require the developer or land owner to provide for recreation, education or research funding. These functions are the responsibility of the Preserve Owner/Manager (POM) under the proposed joint powers agreement between the City and the County of San Diego. Future funds will have to be identified and budgeted for these functions to occur within the Otay Ranch Open Space Preserve. The other functions of operation and maintenance of the open space preserve will be performed by the POM supported by the $25 per parcel Habitat Maintenance District. Also, in the area of education, even though there is a requirement that the developer will identify the location and study funding source for a Nature Center, there is no requirement that they fund its construction. This probably means such a center will not be built unless other funds are found by the POM. Timing and methodology of conveying the open space to the POM has become a major issue with the other owners of the Otay Ranch. Conveyance of the open space to the POM is proposed by staff to be based on developable acres. The project applicant initially proposed that when 50% of CCSRSP A2.DOC May 9. 1996 l'f»-IO Page II, Item Meeting Date: 5-14-96 SPA One is developed 50% of the open space is required to be conveyed to the POM. The balance is due for conveyance when 90% of the SPA is developed. The phasing of conveyance is proposed by staff to enable the POM to generate sufficient funds rrom the Habitat Maintenance District to maintain the preserve. The Board of Supervisors was concerned that conveyance should occur as soon as possible in the development process and have required that conveyance at final map, Staff agrees with this requirement and have included it in the RMP errata. On March 6, 1996, the San Diego County Board of Supervisors adopted the Phase 2 RMP for SPA One as recommended by County staff and supported Chula Vista City staff. G. Non-Renewable Energy Conservation Plan The Otay Ranch GDP requires the preparation of a Non-renewable Energy Conservation Plan for each SPA to address energy conservation within each village of the project. This Plan identifies measures to reduce the consumption of non-renewable energy resources by feasible methods in areas of transportation, building construction and operation, and land use patterns. Residential measures focus on housing efficiency with attached and smaller detached single-family homes which use less energy. Pedestrian-oriented villages, with public transit facilities in their core areas and integrated urban villages with commercial and residential services, will also reduce energy consumption. The compact design and integrated street/path circulation systems will encourage pedestrian/walking trips to the core. In addition, the extension of the San Diego light rail transit system through Otay Ranch and provision of electric cart pathways when utilized will lead to a reduction in automobile trips, H. Ranch-wide Affordable Housing Plan The Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) requires an Affordable Housing Plan (AHP) for the entire Otay Ranch Project area as well as an AHP for each village within the Otay Ranch. The GDP/SRP requires the Ranch-wide AHP be consistent with the Housing Elements of both the City and the County for those portions of Otay Ranch which lie within the boundary of either jurisdiction. As a result of the first phase being proposed in the City ofChula Vista, this AHP details how, at both Ranch-wide and SPA levels, Otay Ranch will satisfY the affordable housing requirements ofthe City housing Element and GDP/SRP. Under the current City of Chula Vista Housing Element, the Otay Ranch is required to provide 10% of the total units be affordable. At least 5% of these units should be for low income households and 5% should accommodate moderate income households. Staff has proposed tiering requirements for the Ranch-wide Plan indicating the level of detail and standards for each Plan and subdivision map. The attached errata changes the timing requirement for the affordable housing agreement rrom tentative map to final map. I. SPA One Affordable Housing Plan The SPA One AHP addresses the phasing and potential location of affordable housing units to be provided in SPA One, including the area west of Paseo Ranchero. SPA One is projected to CCSRSPA2.DOC May 9. 1996 &If-II Page 12, Item Meeting Date: 5-14-96 contain 6,201 dwelling units at buildout, and the affordable housing obligation associated with this construction is 310 low income units and 310 moderate income units. Through a prior agreement with The Baldwin Company on Telegraph Canyon Estates project, the City Council required a 3-acre site within Village Five of the Otay Ranch to satisfY that project's affordable housing obligation. The applicant is proposing to satisfY the Telegraph Canyon Estates obligation by providing an additional 34 affordable units in SPA One. The existing agreement for the Telegraph Canyon Estates requirement will need to be amended by the City Council in order to implement the applicant's proposal. No action is necessary at this time in relationship to SPA One. The AHP provides five potential sites for low income affordable housing within SPA One. The governing site selection principles include density, proximity to parks and schools, and proximity to transit and retail and other services. A phasing approach is proposed within the proposed SPA One AHP, which encourages the provision of both low and moderate income units in sequence with the proposed development phases in SPA One, The attached errata changes the timing requirement for the affordable housing agreement from tentative map to final map. J. Geotechnical Report The GDP required a site-specific geotechnical study at the tentative map level, based on proposed development plans, prior to construction. In this case, the geotechnical studies will be used at the SPA One level. The Geotechnical Report found no faults or geological hazards that can not be mitigated to a level ofless than significant within SPA One. 4. Analvsis The SPA One Plan implements the Otay Ranch GDP policies for urban villages, City staff has worked closely with the Metropolitan Transit Development Board and the Chula Vista Elementary and Sweetwater High School Districts in designing these two villages, The plans for Village One and Five are comprehensive, well-integrated and balanced. A wide range of residential densities provide a variety of housing opportunities within each village. Alternative modes of transportation are promoted with pedestrian, bicycle and cart facilities and the future light rail transit. The village cores have been planned to give a sense of place to the villages by focusing on the main street and town square commercial location surrounded by recreational, educational and civic uses. The proposed project phasing begins construction of both villages concurrently. Phases 1 A will initiate construction in Village Five while Phase lB will open Village One. Both of these phases are single-family except for one multi-family site in Village One. The first elementary school site is proposed for Village One in Phase lB while the initial large neighborhood park will be in Phase 2A in Village Five. Pedestrian parks are proposed in Phases lA and lB. This phasing will allow CCSRSP A2.DOC May 9, 1996 I&t)-/~ Page 13, Item Meeting Date: 5-14-96 an initial deficit in the large neighborhood parks. The project applicant has proposed and staff has concurred with the deficit up to 500 units after which the provision of neighborhood parks will remain in surplus. Initial Phases lA and 1B wiIl require off-site Telegraph Canyon Road improvements. According to the traffic study at 10,295 trips, a 1,400 unit threshold requiring additional off-site road improvements wiIl be reached during the construction of Phase 2B. At this point in the project development, either Palomar Street or East Orange Avenue needs to be constructed ITom the western SPA boundary to I-80S. This phase of development will also require the identification of the high school site as required by the high school district. Staff proposes that at the 1,150th building permit, a project review be initiated by the project applicant and reviewed by the City to determine: · Which arterial street is extended to 1-805 · Where the high school site will be located · Where the community park will be located · Which village should be encouraged to be completed before additional development is allowed in the other village · How can development of the village core be accelerated. · How will the affordable housing requirement be met The project review requirement has been included as a condition of approval. In addition, the following condition concerning amendments to the Growth Management Program and Ordinance is recommended: " The applicant acknowledges its understanding that the city is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing provisions necessary to ensure compliance with the City's growth management provisions, the applicant hereby agrees to comply with the pending amendments to the Growth Management Program and Ordinance, Said provisions shall also be included as a conditions of approval of the first tentative map, and any subsequent tentative maps within SPA One," 5. Issues: Several policy or design issues remain unresolved between the project applicant, City staff, Planning Commission or other parties involved with the Otay Ranch. Those issue are: SmaIl Park Credit/Criteria Park Credit Timing Eastlake Parkway Access Gated Communities RMP - Joint Powers Agreement RMP - In-lieu-fee Program Habitat EducationlRecreation Funding Project Phasing Trigger Points Multiple Ownership CCSRSPA2.DOC May 9, 1996 ''1&-/3 Page 14, Item Meeting Date: 5-14-96 Separate analysis on each of these issue is provided in the following issue papers. 6. Conclusion: City staff and the Planning Commission believe that the proposed SPA One Plan as conditioned implements the goals, objectives, and policies of the Otay Ranch GDP, and the PC Zone and recommends that the City Council adoption of the SPA One Plan as conditioned. CCSRSPA2,DOC May 9,1996 J~'-/f Page 15, Item Meeting Date: 5-14-96 ITEM: Small Park Credit/Criteria ISSUE: Should City criteria for establishing park credit for small parks, less than 5 acres in size, be available prior to the approval of the SPA One Plan? BACKGROUND: The Parks and Recreation Commission reviewed the Otay Ranch SPA One project on October 26, 1995. The issue of size of parks and credit for small parks under 5 acres in size was discussed at that meeting. Typically, parks under 5 acres in size would receive no park credit because they are below the minimum size required in the City's General Plan. The applicant has proposed six pedestrian parks, totaling 7.5 acres, in order to promote pedestrian accessible neighborhood parks. These parks range in size ITom 0.6 to 2.1 acres in size. It was noted at the Parks and Recreation Commission meeting that, even if the small pedestrian parks were deleted ITom the SPA, the project would still meet and, actually, exceed the City's standard of 2 acres of local park land per 1,000 residents, After much discussion, the Parks and Recreation Commission voted to grant small parks under 5 acres in size partial credit if the parks were not maintained by the City, They also decided that the amount of credit received should be determined by staff. They felt that the granting of partial credit would provide incentive for the applicant to retain the small parks within SPA One, and that a precedent had been set by another developer in the City receiving 50% credit for certain private parks. At a subsequent Policy Committee meeting, the issue of how staff would determine the amount of park credit was discussed. It was decided that a City-wide small park criteria study would be conducted and each pedestrian park would be measured against this criteria. A potential range of 25% - 50% credit was established at the meeting. APPLICANT'S PROPOSAL: The project applicant requests 100% credit of small parks. STAFF RECOMMENDATION: Adopt Condition VILB which states, "Pedestrian parks less than 5 acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to City-wide small park credit criteria to be determined by the City of Chula Vista", ALTERNATIVES: Provide the criteria by which small park credit is measured prior to SPA One approval. PLANNING COMMISSION RECOMMENDATION: On May 1, 1996, the Planning Commission voted unanimously to recommended small park credit of 25% to 50% credit based on small park criteria, CCSRSPA2.DOC May 9. 1996 11j-IS Page 16, Item Meeting Date: 5-14-96 ITEM: Park Credit Timing ISSUE: Should park credit be assigned at the time of acceptance of the neighborhood park by the City? BACKGROUNDIDISCUSSION: The applicant has expressed concern with the timing of park credit for neighborhood parks and has requested that staff discuss the possibility of establishing a different point in time when credit is received. The issue was discussed at Technical and Policy Committee meetings and several alternatives were brought up including: 1.) credit is received upon commencement of construction of the park, 2.) credit is received upon completion of the neighborhood park, and 3.) credit is received upon acceptance of the park by the City of Chula Vista after the required I year maintenance period. Staff determined that the first option was not feasible since the applicant would be receiving credit for a park which had not been completed and which the City had no guarantee would be completed. Staff felt that the second option might be viable but decided that the Planning Commission should make the final determination. APPLICANT'S PROPOSAL: The applicant is in support of the alternate condition of approval and believes they have fulfilled their obligation at this point. An alternate condition could read as follows: "The applicant shall receive park credit for construction of neighborhood parks upon completion of the park and prior to the 9-12 month maintenance period and acceptance by the City ofChula Vista". STAFF RECOMMENDATION: Assign park credit upon acceptance of the park by the City of Chula Vista and after the required 1- year maintenance period. ALTERNATIVES: Assign park credit upon commencement of construction of the park or after completion of the park but prior to acceptance. PLANNING COMMISSION RECOMMENDATION: Motion carried 7-0 on May 1 1996, to recommend that the City support the alternative condition. CCSRSP A2.DOC May 9. 1996 'tJ-/~ Page 17, Item Meeting Date: 5-14-96 ITEM: EastLake Parkway Access ISSUE: Should vehicular access to EastLake Parkway be eliminated? BACKGROUND: Access to Village Five was discussed at length at the Technical and Policy Committees. At least three access points were detennined to be necessary for public safety. Palomar Street provides two points of access and the project applicant had originally planned for a third access to Village Five at Telegraph Canyon or to EastLake Parkway. Staff detennined that both would be appropriate to provide better access to Eastlake High School, the library and community park. Staff believes the EastLake Parkway access will reduce trips on Telegraph Canyon Road and Orange Avenue. The EastLake access was not included in the SPA One traffic study. The three access points provided at Orange Avenue, La Media Road and Telegraph Canyon Road provide sufficient access to the village according to the traffic study. The project applicant had planned to gate this access. The City is interested in this road as an access to the Otay Water District property where park facilities may be built on top of the reservoirs, City staff is currently reviewing whether it is feasible to put soccer fields or tennis courts on top ofthe reservoirs. APPLICANT'S PROPOSAL: The project applicant proposes that the vehicular access planned ITom Village Five to EastLake Parkway be eliminated, but that pedestrian and bicycle access be provided. OTHER POSITIONS: EastLake Development Company is opposed to the connection between Palomar Street and Eastlake Parkway. They believe with the gate at the entrance to Village Five, the connection will only serve the residents of Village Five and not their residents, STAFF RECOMMENDATION: Maintain th~vehicular access to EastLake Parkway. ALTERNATIVES: 1 Provide pedestrian, bicycle and cart access to EastLake Parkway, 2. Eliminate all access to EastLake Parkway. PLANNING COMMISSION RECOMMENDATION: On April 24, 1996, the Commission voted unanimously to reduce the improvement requirements to EastLake Parkway provide pedestrian, bicycle and cart access and to reserve the right-of-way for vehicular access if needed by the City in the future. If SR-125 is not built, construction of this future road would be the City's responsibility and the future overcrossing would be CTV responsibility. If SR-125 is built and the City decides the road is needed, then the overcrossing would be the City's responsibility. CCSRSPA2.DOC May 9,1996 )1j-/7 Page 18, Item Meeting Date: 5-14-96 ITEM: Gated Communities ISSUE: Should SPA One have gates that restrict access to the single family areas? BACKGROUND: The project applicant has proposed gates that will restrict public vehicular access to SPA One. Consequently the City Manager has directed the Project Team staff to prepare a policy paper, including development criteria, on the use of gates to restrict public access to new residential developments. Upon completion, the City-wide policy paper will be brought before the Planning Commission and City Council for their consideration. The purpose of this issue paper is to apply the preliminary criteria for gated communities to the Otay Ranch Sectional Planning Area (SPA) One Plan. The following criteria may change as the Commission and Council discuss these issues. DISCUSSION: GENERAL CRITERIA (DRAFT) I.. "Gated communities which can not be served by police, fire, paramedics or other emergency services within existing City-wide Growth Management Threshold Standards (GMTS) shall be discouraged, However, the City may consider design solutions to mitigate the impacts to these threshold standards, For example, fire sprinklers in homes may help to mitigate fire response times and an "Opticom" Vehicle Strobe Detector System may improve accessibility to the gated areas. A mitigation measure for Police response times could be the provision of a private security patrol." The threshold standard for emergency calls is 85% response to all City-wide emergency calls within 7:00 minutes. The Fire Department believes that the gates could, potentially, increase response times resulting in further non-compliance with the acceptable threshold standards. To reduce the impact of gates as much as possible, the Fire Department would like guards at all gates in SPA One and are willing to discuss this requirement with the applicant. Other design solutions, as mentioned above, could also be used to mitigate the impact gates have on response times, The Police Department has similar concerns and would also like to see guards at the gates. 2.. "The location of controlled access gates shall neither preclude public pedestrian, bicycle or cart access to view points, public spaces, facilities or land uses such as open space, parks, trails or commercial areas, nor impede the use of direct pedestrian pathways or access to public transit stops and existing neighborhood pathway systems within or contiguous to the proposed project." The SPA One Land and Circulation Plans do not limit or restrict pedestrian, bicycle or electric cart access to Villages One or Five, nor do the plans inhibit use of pedestrian pathways or access to public transit. CCSRSP A2.DOC May 9,1996 ¡Y.'-I'1 Page 19, Item Meeting Date: 5-14-96 3.. "The street system in a gated community shall meet all criteria established in State regulations, City ordinances, policies and design manuals and shall not unreasonably restrict school buses, trash pick-up and mail delivery. In addition, traffic/parking regulations shall be enforced to the satisfaction of the City Engineer, Fire Department and Police Department." The SPA One proposed land plan and development criteria is consistent with established State regulations, City ordinances, policies and design manuals as they relate to the provision of facilities behind gates such as roads, storm drains and sewers. Secondly, the SPA One Plan does not impose barriers to restrict school buses, trash pick-up or mail delivery. Finally, it is understood that traffic and parking regulations within SPA One must be enforced to the satisfaction of the City of Chula Vista, 4.. "Proposed plans for gated communities shall be reviewed by outside agencies that could be affected by the development such as the Metropolitan Transit Development Board, Chula Vista Elementary School District and Sweetwater Union High School District, US Postal Service and trash collection and recycling." The SPA One Plan has been review by the Metropolitan Transit Development Board (MTDB) and the Chula Vista Elementary School District. The Chula Vista Elementary School District will provide school bus service to the gated areas as long as their concerns regarding access, circulation and liability are met. The applicant will provide proof to the City that elementary school bus service will be provided to the gated areas to the City's satisfaction. MTDB is not supportive of gating SPA One because they believe gating contributes to a discontinuous street system and restricts mobility, They believe that discontinuous streets increases automobile dependence In addition, they believe gates form artificial barriers between neighborhoods. MTDB sees the action of gating those units of Village One and Five as contrary to the neo-traditional goals of the Otay Ranch GDP. 5.. "To reduce potential impacts to the surrounding and proposed communities, the number of units built in anyone gated community shall be approved by the Planning Commission and City Council. In addition, in order to promote and maintain interactive, balanced and diverse neighborhoods and/or larger community planning areas, gates shall not be installed in locations that are determined to separate or isolate segments of these neighborhoods or community planning areas." A goal of the SPA One Plan is to create definable neighborhoods which contribute to a positive sense of community. Concern has been expressed that, due to the size or location of gate guarded communities, they could undermine these goals. The SPA One Land Plan contemplates two gated areas, one in Village Five and one in Village One. The proposed land plan contemplates that each gated area would contain approximately 1,030-1,700 residential units. The SPA One Plan proposes to gate portions of Villages One and Five and will largely effect only the single-family housing product. It is anticipated that many of the multi-family projects will be CCSRSP A2.DOC May 9.1996 JV'-/? Page 20, Item Meeting Date: 5-14-96 gated separately, and the SPA One does not propose gates to those areas at this time. The individual gating of multi-family projects would be consistent with the current proposal and should not effect the ability of Villages One or Five to achieve the goals of creating neighborhoods that are interactive, balanced and diverse. 6.. "In considering specific gated community proposals, an evaluation shall be made of community design options other than gating that would meet the same objectives of the applicant relative to security and overall market appeal." The SPA One Plan has followed the tenets of new urbanism and works to implement goals such as increased neighborhood interaction and security. The applicant has taken steps to increase the security of the SPA One residents through the use of innovative street design and by promoting pedestrian access to public facilities such as parks and schools. They have planned roads to channel traffic around residential neighborhoods by implementing a strategy to protect local streets from through traffic by encouraging such traffic to use major streets, Attention to street lighting, the treatment of parking and creating public spaces with activity and "eyes on the street" have also been provided in the SPA One Plan. The SPA One proposal to install gates in certain areas may serve to enhance the goals of new urbanism by increasing resident's feelings of safety. If SPA One residents feel more secure, then there may be more neighborhood interaction and eyes on the street. 7.. "Any proposed gated community, must be subject to a Homeowner's Association in order to insure proper maintenance of private facilities such as roads, storm drains and sewage systems. In addition, prior to the creation of a Homeowner's Association, the City shall review and approve the proposed Contracts, Covenants and Restrictions that would govern the gated community," The applicant anticipates the need for the formation of a homeowner's association for SPA One, including the gated areas, and agrees to the City of Chula Vista's review and approval of the contracts, covenants and restrictions that would govern the gated community. SPECIFIC CRITERIA (DRAFT) 8.. "Signs shall be provided on the public streets to inform the public of gated street areas and specific information relating to 'not a through street'." The applicant shall comply with this condition. 9.. "If public facilities, such as parks or trails, are located behind gates, adequate public signage and direction shall be provided to encourage pedestrians to enter through or adjacent to the gated areas to access such public facilities." The applicant will comply with this condition. CCSRSP A2.DOC May 9.1996 )yj_ ~&.J Page 21, Item Meeting Date: 5-14-96 10.. "The location of public facilities designed to be physically accessible to Chula Vista residents such as parks, libraries, fire stations, police stations, etc. behind gates, should be avoided. If they are located behind gates, access and maintenance responsibility must be determined prior to approval of the gated community." No major public facilities are proposed to be located in the gated areas. The applicant is proposing to locate four private pedestrian parks in the gated areas. Two of these parks are proposed for Village One and two parks are proposed for Village Five. All of these pedestrian parks will be privately maintained. These parks are accessible to the general public either by foot, bicycle or electric cart. 11.. "Proposals to gate communities shall be assessed as to their overall impact on maintaining alternate access routes to significant attractors, such as schools, libraries, hospitals, shopping centers and industrial/business parks." The SPA One Plan will not impede access to significant attractors. Facilities to the south of SPA One, such as high schools, libraries or shopping centers, will be accessible by either La Media Road or Paseo Ranchero. If SR-I25 is developed, it would also serve the southern parts of the Otay Valley Parcel. If future gated communities are developed, they would need more analysis to determine if the proximity of the communities cause barriers to such attractors. 12.. "Enforcement of parking standards behind gated areas shall be subject to specific control, such as invoking the City's right to enforce the California Vehicle Code to issue tickets and enforce restrictions on parking areas." The applicant will enter into an agreement with the City of Chula Vista to guarantee the City the right to enforce the California Vehicle Code to issue tickets and enforce restrictions on parking areas, 13., "The City may, based on design or other impacts, require any or all gates to be staffed." The applicant will comply with the staffing requirements as decided by the City, Engineering Criteria (DRAFT) The applicant will comply with these conditions, 14.. "Gates shall be located to provide adequate vehicle stacking areas designed to accommodate PM peak flows. Stacking shall occur on-site and shall not adversely impact circulation on any public street." 15.. "Streets located within gated communities shall be privately maintained but constructed to City standards with regard to structural section, horizontal and vertical curve design. The Applicant shall disclose to the homeowners that the streets will be maintained at the cost of the Homeowner's Association and not the City." CCSRSP Al.DOC May 9. 1996 1'!1-1 , Page 22, Item Meeting Date: 5-14-96 16.. "Private storm drains located within gated communities shall be private up to the point where they collect runoff ITom public streets." 17.. "Lighting located on private streets within gated communities will be private but must conform to public standards." 18.. "Public facilities such as roads, storm drains and sewer service that are provided behind gates shall be maintained to City Standards." Service Criteria (DRAF1J The applicant will comply with these conditions. 19.. "The applicant will provide proof to the City that Elementary School bus service will be provided to the gated communities to the City's satisfaction," 20., "The applicant will provide proof to the City that US Postal service will be provided to the gated communities to the City's satisfaction." 21.. "The applicant will provide proof to the City that trash pickup and recycling will be provided to the gated communities to the City's satisfaction," APPLICANT'S PROPOSAL: The current proposal for the Otay Ranch SPA One includes gating areas in both Villages One and Five. In Village One, four gates would only restrict vehicular access but permit public pedestrian, bicycle or electric cart access. One gate would be located at the Telegraph Canyon Road temporary access and three gates would restrict access to the north ITom East Palomar Street. A total of 1,036 single-family homes would exist behind the four gates in Village One. In Village Five, four gates are proposed that would restrict vehicular access, One gate would be located at the Telegraph Canyon Road access across ITom St. Claire. Two gates would restrict access to the north ITom East Palomar Street and one gate would be located in between Otay Water District's property controlling vehicular access ITom EastLake (Issue Paper 4.B.). A total of 1,266 single-family homes and 439 multi-family homes would exist behind the four gates in Village Five, A total of 2,741 dwelling units are proposed to be gated in the current SPA One Plan. OTHER POSITIONS: MTDB is not supportive of gating SPA One because they believe gating contributes to a discontinuous street system and restricts mobility. They believe that discontinuous streets increases automobile dependence. In addition, they believe gates form artificial barriers between neighborhoods, MTDB sees the action of gating those units of Villages One and Five as contrary to the neo-traditional goals of the Otay Ranch GDP. STAFF RECOMMENDATION: Approve the SPA One Plan with the conditions stated above. CCSRSP Al.DOC May 9, 1996 I Y. - A1 Page 23, Item Meeting Date: 5-14-96 ALTERNATIVES: 1. Approve applicant's proposal without conditions, 2. Reduce the number of homes to be gated in the SPA One area. 3. Do not allow gates to be installed in any portion of the SPA One area. PLANNING COMMISSION RECOMMENDATION: Motion carried 7-0 on May 1, 1996 to recommend that the gates proposed for SPA One be prohibited. CCSRSP A2.DOC May 9,1996 J'.J" ;'3 Page 24, Item Meeting Date: 5-14-96 ITEM: RMP - Joint Powers Agreement ISSUE: Should the Joint Powers Agreement (JPA) establishing the City and County as the Preserve OwnerlManager (pOM) be adopted? BACKGROUNDIDISCUSSION: The Otay Ranch General Development Plan (GDP) requires that portions of the Phase 2 Resource Management Plan be jointly approved by San Diego County and the City of Chula Vista. Prior to approval of the first SPA, the GDP requires the identification of a POM. At its March 6, 1996 meeting, the County Board of Supervisors approved the County and the City of Chula Vista to act as the Preserve OwnerlManager for a period of five years. At that meeting, they also approved an accompanying Joint Powers Agreement (JPA) , At the end of the five-year period, the management of the POM will be re- evaluated. APPLICANT'S PROPOSAL: The applicant is in support of the JPA, which establishes that the City and County will act as the POM for a period of five years, OTHER POSITIONS: The Chula Vista Resource Conservation Commission (RCC) has expressed a desire that a third party, independent of the City and County, be identified within the next three years to act as the POM. STAFF RECOMMENDATION: Approve the JPA which designates the City and County and their respective responsibilities to act as the POM for a period of five years. ALTERNATIVES: Approve the JPA and any independent party for some alternate period of time. ATTACHMENT: Joint Powers Agreement (,.,.. ~a1nee",i: ~) PLANNING COMMISSION RECOMMENDATION: On May 1, 1996 the Planning Commission voted 5-2 to deny staff recommendation on the formation of a JP A between the City and County for the POM and recommended instead that a third party be appointed as the POM, CCSRSP Al.DOC May 9.1996 Jy.,.. Jl Y. Page 25, Item Meeting Date: 5-14-96 ITEM: RMP - In-lieu fee Program ISSUE: Should an in-lieu fee process be added to the Phase 2 Resource Management Plan? BACKGROUND: The Otay Ranch General Development Plan requires that the Phase 2 Resource Management Plan (RMPJtbe jointly approved by San Diego County and the City of Chula Vista. Prior to approval of the first SPA, the County must specifically approve the Conveyance Plan, the Preserve OwnerlManager selection and the Preserve Financing Plan. DISCUSSION: The need for an in-lieu fee as an alternative to a land-based conveyance plan was discussed at the March 5, 1996 Board of Supervisors meeting. It was noted that the majority of property owners had adequate mitigation land to convey to the preserve, while others did not. The lack of conveyance land could place an undue burden upon any property owner and/or any future owners in a similar situation, While the actual amount of the in- lieu fee has not yet been determined, the language providing for establishment of the fee has been added to the Phase 2 RMP as noted on the attached errata sheet. The County Board of Supervisors modified the Phase 2 RMP on March 5, 1996 by adding language which would establish an in-lieu fee as an alternative to a land-based conveyance program In addition to this concern, the Planning Commission, at their hearing of March 27, 1996, requested that language be added to the Phase 2 RMP which would require an agreement between the City and the applicant allowing the Preserve OwnerlManager to purchase mitigation land at an amount equal to the in-lieu fee established, APPLICANT'S PROPOSAL: The applicant is in support of the concept of establishing an in- lieu fee process, OTHER POSITIONS: West Coast Land Fund is in support of the concept of establishing an in- . lieu fee process. STAFF RECOMMENDATION Approve the in-lieu fee program as indicated in the errata sheet for the Phase 2 RMP and as amended by the Planning Commission. PLANNING COMMISSION RECOMMENDATION: On May 1, 1996, the Planning Commission voted unanimously to support establishing an in-lieu fee program with the amendment that the program explore mechanisms to tie the in-lieu fee to the value of the conveyance land for SPA One. ~ <We ~i. -. CCSRSPA2.DOC May 9. 1996 IJjt,-J5 Page 26, Item Meeting Date: 5-14-96 ISSUE: Preserve EducationallRecreation Funding BACKGROUNDIDISCUSSION: The General Development Plan provides for a nature interpretive center and recreation uses in the habitat preserve APPLICANT'S PROPOSAL: The project applicant supports the proposed Habitat Maintenance District to fund the preserve maintenance program. OTHER POSITIONS: Greg Smith believes the Phase 2 RMP should identify a funding source for the educational and recreational activities. STAFF RECOMMENDATION: The GDP does not require the Phase 2 RMP to identify funding for these as activities as it does the maintenance program. At this time a funding source for the construction of a nature interpretive center and the operational costs for the educational and recreational activities of the open space preserve have not been identified. Identification of these sources wili be a function of the POM. The GDP does state that no General Funds will be used to fund these activities, PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with the staff recommendation. CCSRSPA2,DOC May 9, 1996 I...·JI, Page 27, Item Meeting Date: 5-14-96 ITEM: Project Phasing ISSUE: What are other alternatives to the phasing of SPA One? BACKGROUNDIDISCUSSION: At the April 10, 1996 public hearing, the Planning Commission expressed concern over the applicant's proposed project phasing and tentatively voted 6 to I not to recommend approval of the proposed phasing. Several Commissioners proposed different scenarios for the development of SPA One. Concerns were also expressed on the need for La Media to be the primary focus as the project's entry. The Commission requested that the project applicant, West Coast Land Fund and staff meet to resolve the issue. A meeting was held on Thursday, April 18 to discuss the issue. Consensus on a revised project phasing was not reached at the meeting. APPLICANT'S PROPOSAL: The project applicant is still proposing the phasing presented in the SPA One Plan and Public Facilities Finance Plan which allows development to start in both villages. This phasing plan will allow the applicant to generate Transplantation Development Impact Fee (TransDIF) fees rrom approximately 1,200 dwelling units before the major road improvements of La Media are needed. They believe the TransDIF fees will enable La Media to be constructed when it is needed by the development in SPA One. The PFFP requires partial improvement of La Media with Phase 2A and full improvements with Phase 2B. As a proposed condition, at 1,400 units, either Palomar Street or East Orange Avenue will be extended to I-80S. OTHER POSITIONS: West Coast Land Fund has indicated they believe development should be limited to Village One and development should occur rrom a west to east direction with primary access rrom Paseo Ranchero. West Coast believes this phasing will establish a village core sooner, provide significant infTastructure and allow the project applicant to sell the super block areas. They also believe this phasing would also allow the City adequate time to review West Coast's concerns with the Village Five land uses. West Coast also points out that 593 acres of open space could be conveyed under this phasing (the entire conveyance requirement for Village One), AL TERNA TIVES: Staff has reviewed three different alternatives: 1. Focusing all development in Village One, This alternative would allow initial access rrom Telegraph Canyon Road and then require Palomar Street, Paseo Ranchero and La Media to be constructed. 2. Starting development in both villages off La Media. Partial street improvements to La Media would be allowed in order to open development in both villages. 3. Allowing Village Five to develop with initial access rrom Otay Lakes Road and La Media This scenario would concentrate development in Village Five and provide La Media sooner in the development sequence. CCSRSP A2.DOC May 9,1996 /..,. -R::> Page 28, Item Meeting Date: 5-14-96 STAFF RECOMMENDATION: Staff supports the applicant's proposed phasing currently indicated in the SPA One Plan and PFFP. This issue was previously discussed at a City Department Head meeting, The facts are not different ITom that time and staff sees no reason to modify its position. RELATED ISSUES: Trigger points for the first elementary school, neighborhood park and arterial streets may change if a different phasing is required. The PFFP will be updated to reflect the approved project phasing. PLANNING COMMISSION RECOMMENDATION: On May 1, 1996, the Planning Commission voted unanimously to recommended to the City Council that SPA One phasing focus initially on Village One with access ITom either La Media or Paseo Ranchero and delete the temporary access to Telegraph Canyon Road. ATTACHMENTS: Letter ITom Michael S, Woodward, attorney for West Coast Land FundIC ..If ~e a1:\:c.a. \ ~C~~ c..., CCSRSP Al.DOC May 9,1996 J""- Jl~ Page 29, Item Meeting Date: 5-14-96 ITEM: Trigger Points ISSUE: Should the trigger points for parks, schools and public inftastructure improvements be established? BACKGROUNDillISCUSSION: The following chart was presented at the Planning Commission hearing on March 27, 1996 and was discussed at the April 10, 1996 meeting. The Planing Commission was in support of the trigger points as established as they relate to the applicant's phasing plan, The concern was raised, however about the adequacy of the trigger points if the phasing plan were to be modified. Since the trigger points are based on dwelling units, changes to the project phasing should not effect the provision of public facilities with the exception of the first elementary school. The first elementary school is planned for Village One. If the phasing program selects Village Five to develop first, then the school priority will change, APPLICANT'S PROPOSAL: The applicant is still proposing to phase the project as presented in the SPA One Plan and believes the trigger points established are adequate. OTHER POSmONS: West Coast Land Fund is advocating a phasing plan which would begin initial development in Village One and allow building to occur ITom the west to the east. If this phasing plan is approved, then the trigger points do not need to be modified. ALTERNATIVES: Staff has reviewed three different phasing alternatives and has indicated below the appropriate trigger points in relation to the phasing alternatives: 1. Focusing all development in Village One: Trigger points as established are adequate. 2. Starting development in both villages, with access ITom La Media: Trigger points as established are adequate, 3. Allowing Village Five to develop with initial access ITom Otay Lakes Road and La Media: Trigger points for schools would have to be adjusted, since the first elementary school is proposed to be constructed in Village One. All other trigger points are adequate. STAFF RECOMMENDATION: Staff believes that the attached trigger points are adequate and recommends that they be maintained as stated in the conditions of approval. ATTACHMENTS: Trigger points. PLANNING COMMISSION RECOMMENDATION: Motion carried 7-0 on May 1,1996 to approve staff recommendation on trigger points. CCSRSP A2.DOC May 9, 1996 J '&! &- ;¡e; ._~---_._---,._--_. TRIGGER POINTS REQUIREMENT DEADLINE PARKS Commence construction of first Nei borhood Park P & R Director to detennine amenities in second pbase of first Neighborhood Park, or ick another location for ark Commence construction of first base of Communi Park Commence construction of second base of Communi Park Communi Park read for tance 500 units 1,150 units 2,650 units 3 000 units 3,900 units Deliver graded first elementary school site with access road & utilities to the 500 units site, in Villasze One 150 students First Elementary School opened (Village One) 1,150 units 336 students Deliver graded second elementary school site with access road & utilities to the 2,500 units site, in Vil1a2e Five 750 students Second Elementary School opened (Village Five) 3,450 units I 000 students Deliver graded third elementary school site with access road & utilities to the 4,500 units site, west of Paseo Ranchero I 350 students Third Elementary School opened (West of Pas eo Ranchero) 5,300 units 1,668 students Deliver graded high school site with access road & utilities to the site 2,650 units 504 students High School opened 5,300 units I 007 students SCHOOLS TRAFFIC RELATED IMPROVEMENTS Construct or guarantee the construction of offsite Telegraph 300 units Canvon Road I-805rrel h Can on Road interchan e 500 units Either: offsite 4 lane East Palomar St. and 1/2 diamond; Or: Oran e Ave as a 6 lane rime arterial to Paseo Ranchero 1,414 uivalent dwellin units Either: offsite E. Palomar St. & Orange Ave. to 4 lane majors with 1/2 diamond at I-805/Palomar; Qr: Palomar St. to a 4 lane major & Orange Ave. to a 6 lane 4,009 equivalent dwelling units rime arterial to Paseo Ranchero SEWER IMPROVEMENTS detennined b flow meterin u s & some off sites with first unit DRAINAGE IMPROVEMENTS 'C . detentionldesil' basin wi of an area in canvon h C . detention basin wi construction of La Media 1'#4»-3.::1 --------r--.-'.-.--'.------.-- ~--'"_._---_.--~ Page 30, Item Meeting Date: 5-14-96 ITEM: Multiple Ownership Condition of Approval ISSUE: Should a condition of approval be added which addresses potential City actions if ownership of SPA One changes? BACKGROUNDIDISCUSSION: This item was raised at the April 10, 1996 Planning Commission meeting, and staff has responded to the Commission's concern by drafting two conditions which address the potential for multiple ownership within SPA One. The primary condition regarding multiple ownership is noted as (I.d) which states: "The applicant acknowledges that the purpose of planned community zoning is to provide for the orderly development ofland under unified ownership or control. Applicant represents to the City, that as of the date of this approval, SPA One is held under unified control by the Applicant. Applicant agrees that if any portion of land within SPA One changes ownership in a manner that the City detennines in its sole discretion to represent a risk that the SPA One Plan will not be implemented as approved the City Council may take action such as, including but not limited to, requiring an amendment to Village Five of the SPA One Plan and any of the accompanying documents, denying subsequent development approvals and stopping the issuance of building pennits within Village Five of SPA One. Applicant acknowledges its understanding that irrespective of the approval of SPA One, the applicant is required to be in compliance at all times with the City's ordinances, policies and regulations," The other condition regarding multiple ownership is noted as (IX.e) which states: "If the applicant is unable to deliver any of the school sites required by conditions (a) through (d) at the locations identified in the SPA One Plan, applicant shall, at the time such site is required to be delivered, take such actions necessary to deliver an alternative site that is satisfactory to the school district or fund acquisition by the school district of an alternative site." APPLICANT'S PROPOSAL: The applicant is opposed to the multiple owner condition. OTHER POSITIONS: The City Council met in closed session on April 16, 1996 (per Government Code Section 54956.9) to discuss anticipated litigation in the Tiger Development Two bankruptcy. At that meeting the Council authorized the City Attorney to institute a motion for relief £Tom Stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief West Coast Land Fund also has concerns in this regard and requested at the April 10, 1996 Planning Commission hearing that the City suspend processing of the SPA One Plan and seek the appropriate relief £Tom the automatic stay in the bankruptcy proceedings involving Tiger Development Two. STAFF RECOMMENDATION Staff believes that Conditions (1.d) and (IX.e) as written afford the City with adequate protection should the ownership within SPA One change and should be approved as written. CCSRSP A2.DOC May 9,1996 1\1.-31 Page 31, Item Meeting Date: 5-14-96 PLANNING COMMISSION RECOMMENDATION: The Commission voted 6 to 1 (Salas) on May 1, 1996, not to adopt the multiple owners condition Attachments 1. Errata Sheets for SPA One Plan and Village Design Plan 2. Resolutions with Conditions of Approval 3. Board/Commission/Committee minutes 4. Disclosure Statement CCSRSPA2,DOC May 9, 1996 1'+1- :3~ --."-...-.--......-.........-----r--------..'.-.-.-..-..---.........,..---._~-- --,-.--..~..---------_._---,,---,.--------,.._- AlTACHMENT A JOXN~ POWERS AGREEMENT BETWEEN ~HE CX~Y OF CBULA VXS~A AND ~HE COUNTY OF SAN DXEGO FOR THE PLANNXNG, OPERA~XON AND HAXNTENANCE OF THE O~AY RANCH OPEN SPACE PRESERVE THIS. t.GREEMENT is made and entered into as of the ~-I-jl day of !J!lßl.C¡-I , 1996 between the City of Chula Vista and the County of San Diego, political subdivisions of the state of California, hereinafter referred to collectively as Public Agencies. WHEREAS, on October 28, 1993, the Chula Vista City council and the San Diego county Board of Supervisors jointly approved the Otay Ranch General Development Plan, (General Development Plan/Subregional Plan ("GDP/SRP"), which sets forth a plan for the development of housing, commercial, recreational and open space within the jurisdiction of the Public Agencies; and WHEREAS, the GDP/SRP delineates an approximately 11,375 acre area as the otay Ranch Open Space Preserve, shown on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the GDP/SRP provides that prior to the approval of the first City of Chula Vista Sectional Planning Area or County specific Plan Area, ("SPA/Specific Plan") a Preserve owner/Manager ("POM") for the otay Ranch open Space Preserve must be selected and retained; and WHEREAS, the POM will be responsible for management of resources, restoration of habitat and enforcement of open space restrictions for the otay Ranch open Space Preserve once the Preserve is formally established and title to the land conveyed; and WHEREAS, the Public Agencies, each of which are empowered by law to acquire land for park and open space purposes desire to enter into this Joint Powers Agreement to plan, design and operate the otay Ranch Open Space Preserve in order to quali~ as a POM and to satisfy the conditions of the GDP/SRP. NOW, THEREFORE, the Public Agencies, in consideration of the mutual benefits, promises and agreements set forth herein, agree as follows: SECTION 1. PurDose. This Agreement is made pursuant to the provisions of Article 4 000016 J~N Z4°~ I'" -,.:3 -~~"_.__.~. I "'-"'-"-~'-"--"+-"'-~I---~--~---'-- 1, Chapter 5, Division 7, Title 1 of the Government Code of the state of California commencing with Section 6500, relating to joint powers common to public agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose of this Agreement is to exercise such powers jointly by coordinating the planning, design and operation of the Otay Ranch open Space Preserve. SECTION 2. Term. This Agreement shall become effective as of the date first written above and will continue in full force and effect for 30 years from the effective date or until terminated as indicated in SECTION 9. Aaencv Withdrawal or SECTION 10. Termination. The parties will review this Agreement every five (5) years. This Agreement may be extended for an additional 30 years by the written consent of the parties. SECTION 3. DescriDtion. The real property to be planned, designed and operated is located generally within the property depicted on Exhibit A. The property is currently in various ownerships. As tentative maps within each SPA/Specific Plan for the Otay Ranch development project are processed, land will be conveyed into the preserve according to the Conveyance Plan, attached as Exhibit B hereto. - SECTION 4. OwnershiD. Title to the land which is conveyed into the open Space Preserve will be held jointly by the Public Agencies. SECTION 5. Policy Committee. A Policy Committee shall be established, consisting of two (2) elected representatives, one each appointed by the governing bodies of the Public Agencies. An alternate may also be appointed by each of the Public Agencies. A quorum for the purpose of conducting business will consist of one member from each agency. In the absence of a quorum, a member may move to adjourn. The Policy committee shall at a minimum meet annually, but may meet more often if agreed to by the members. The duties of the Policy Committee shall be to establish policies for the Preserve Management Team as set forth in SECTION 6 below, and to review all operations conducted under this Joint Powers Agreement. SECTION 6. Preserve Manaaement Team. The Preserve Management Team consists of the city Manager of the city of Chula Vista and the Deputy Chief Administrative Officer of the County of San Diego. The Preserve Management Team shall meet as often as necessary to monitor the implementation of the otay Ranch Open Space Preserve Resource Management Plan and s: ~ 3..., oaOO17 JAN 24% .~.- ...--.-------------.-.. ..t'----,--.~--.._-.---..--.----r_~--.-..---....,---- -- -..---..--.--- to assign staff necessary to carry out the duties and responsibilities set forth in Exhibit C hereto, "Duties and Responsibilities of the Otay Ranch Preserve Owner/Manager(s)". SECTION 7. Preserve Owner/Manaaer Staff Committee. The Preserve Owner/Manager Staff Committee will consist of appropriate staff members from each Public Agency to be assigned by each agency on an as needed basis. The Preserve Owner/Manager Staff Committee will be responsible for operations of the otay Ranch Open Space Preserve as directed by the Policy Committee, and its organization and functions shall be established to conform with Exhibit D, city of Chula Vista and San Diego county Preserve Owner Manager organization Chart, attached hereto and incorporated herein by reference. SECTION 8. Administration. Day-to-day administration of this Agreement, including preparation of assessment districts, operational funding, preparation of budgets, agendas, maintenance of records, minutes and meetings and conformance to other legally required processes pertaining to records, purchases, and administrative matters shall be the responsibility of the County of San Diego. SECTION 9. Aaencv Withdrawal. Either party may withdraw from participation in this Agreement upon sixty (60) days notification and consent, in writing, by the other party. Such consent shall not be unreasonably withheld. Lack of adequate funding for the Preserve maintenance and operation shall constitute reasonable grounds to withhold consent. Any contributions made by the withdrawing party toward the acquisition, development, management and preservation of the Otay Ranch Open Space Preserve shall be retained by the remaining agency. The remaining public agenèy shall continue to be responsible for administering the duties and responsibilities of paM. SECTION 10. Termination. This Joint Powers Agreement may be terminated upon the mutual agreement of the PUblic Agencies if a new Preserve Manager, acceptable to both parties, has been retained to perform the duties and responsibil~ties required of the POM. SECTION 11. Governina Law. This Agreement shall be governed by the laws of the State of California. SECTION 12. Partial Invaliditv. If any provision of this Agreement is held to be invalid or ,....- ~ (p 000018 J~N24~b -,-" -.--.,------..-1'-------.----- ,...-------..--..---...---- unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. SECTION 13. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original but all together shall constitute one and the same Agreement. SECTION 14. Notice. Any notices required or permitted to be given pursuant to this Agreement may be personally delivered or sent by certified mail, return receipt requested, to the following address: CITY OF CHULA VISTA: COUNTY OF SAN DIEGO: John Goss city Manager city of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Phone: (619) 691-5031 David Janssen Chief Administrative Officer County of San Diego 1600 Pacific Coast Highway San Diego, CA 92101 Phone: (619) 531-5267 SECTION 15. Entire Aareement. This Agreement contains the entire Agreement among the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers, as of the date first above written. CITY OF CHULA VISTA: COUNTY OF SAN DIEGO: city Clerk 1'~ J. Vð.A¡- Clerk of the Board of Supervisors City Attorney Approved and/or authoflzt?C by the BOorc of Super~sors Of the Counfy at San Cleg~ Oate ~ {, - q " Minute Orcer No b THOMAS J PASTUSZKA- Cler~ the B~~r~rs By 7 . legality: Deputy Clerk ('lnJ¿d,~ r 4/1 3~~ County Counsel Approved as to form and 7 N.-3~ 000019 JAN24% w......_...'.._._..._.." .", t '" en '" ø: .. < ~~ &i '" ... cc ~ cr;¡ ¡: '" ~ o -5 ¡: cc ø:: >- cc ~ o " ~' .. .. .:z ~ .. .. ~ II. I ~ ~ I I .. .. ~ g - ! ~ .< . i -< :> - Co E .. ¡¡; Ii ~ g. , . E is ~ ~ i ! ! ~111.:~!l .. a: :;;¡ c "I: :> &. ~ .I - Q. 15 - -! · -g~~ii! .,õ>ltIa:õ EOI~lê ~ ~~ E J'i. - 37 000021 J~N2.4% o -_.__.,~-'~ - --- ~I - a.. ~ .c: U = o ~ ~ N .- = ~ ð a.. ~ ~ = ~ ~ a.. ~ = ~ ~ ~ ~ a.. ~ .þ = = o U o ~ .- ~ = ~ rLJ "CI = ~ ~ - ~ .- > ~ - = .c: U """ o .þ .- u .- ...c: ~ aB'Ë .;I.g¡ ~ .p ¡o,!t1iS .s i II S E!" ,¡¡ .5I.fP~'"'' f ~ I! ¡¡: oS ~ ~ ~ I>. f"j¡¡ := J'IIÞ - ~ -r- -- 8 ~ ~ 8 e.... '" e !~ o!o~ :I ~I>.~ :I ;;¡ n1~ t.:I ¡o; t'- ~ =-ø:; :: .~ r=¡ ÈiI'~ o~d: cr ( ( ?Ø'i EXhibit ·C" Duties and Responsibilities of the Otay Ranch Preserve Owner!Manager(s) CITY OF CHULA VISTA RESPONSIBILITIES Education and Research Development of educational and research facilities and interpretive programs. Impl~~entation and/or coordina~?n and ~ccommo.dation of. research programs. ProV1S1on of controlled oppor1;uIUties, consistent Wlth resource protection needs. for the public to learn' about and appreciate the natural and cultural diversity of the area including: · its biological diversity and cultural heritage; · the inter-relationships between sensitive species and natural habitats; · the opportunity to observe biological and cultural resources in their natural setting; and · the importance of preservation of natural areas and understanding challenges to the survival of rem~dn;ng natural ecosystems. Provide a unique and multi-faceted living laboratory for research related to: · habitat, paleontological and cultural resource protection and management; · experimental approaches to enhancing and restoring degraded habitats; and · understanding species and habitat needs and conditions that adversely affect sensitiv~ plant and ,.n;'nRl species. Institutions such as the City of Chuia VISta Nature Center and the Natural History Museum. are non-profit agencies providing such serVices. Active and Passive Recreational Programs Development of plans and programs for the location and design of active recreational uses, overlooks -and a passive trail network within the Preserve. Coordination with the Otay Valley Regional Park JEPA, or subsequent park p)..nn;ng entity, regarding issues associated with Qtay Valley Regional Park. Law Enforcemen.t Enforcement activities as n.ecessary to control and protect the resources of the preserve within the incorporated area of the City of Chula Vista's portion of-the .Otay Ranch Open Space Preserve". Development of a law enforcement program that will protect the visitor from the environment, protect the environment from the visitor and protect the visitor from other visitors. Create a uniform code of regulations for all cooperating agencies and an 8.IlIlual review 'by law enforcement and resource agencies of their appropriate roles. JErA.roM~i PnmMi: 1CY1CW5 J~-3" /0 000023 J~Wit496 '~__"'._____'.""__'___'___"_""_____""""""""____~___'_'M_'__ ( c - - SAN DIEGO COUNTY RESPONSIBll..ITIES Law Enforcement Enforcement activities as necessary to control and protect the resources of the preserve within the unincorporated portion of the County portion of the -Otay Ranch Open Space Preserve". Development of a law enforcement program that will protect the visitor from the environment, protect the environment from the visitor and protect the visitor from other visitors. Create. a uniform code of regulations for all cooperating agencies and an annual review by law enforcement and resource agencies of their appropriate roles. Maint~n..nce Operations Maintenance and enhancement of all resources through the prevention of further disturbance, including controlling access to the Preserve, prohibiting off·road traffic, enforcing -no trespassin¡(' rules and curtailing activities that degrade resources, such as gI"""';nf, shooting and illegal dumping. Implementation of maintenance activities including removal of trash, litter and other debris, maintenance of trail systems, removal and control of exotic plant species (weeds) and control of cowbirds through trapping' efforts. Develop a plan for the controlled burning, erosion control and replanting to enhance the natural and scenic values of the preserve. Preparation of a grazing, crop production, integrated pest, insect and disease management control or other appropriate uses if they do not result in conditions that are adverse to eventual recreational or agricultural uses. Development of a restrictive area plan which prohibits public access to sensitive wetlands, vernal pools, restoration areas and sensitive wildlife habitat. . Resource Protection and Management. Providmg large, connected natural areas with varied habitats that offer refuge, food and shelter to multiple species of native plants and animals; protecting scenic, paleontological and cultural resources; and providing management tools to assure that Preserve resources are not adversely affected by urban developmeIl.t located adjacent to the Preserve. Monitoring Ensuring no reduction in habitat values and no adverse impacts to biological resources are included within the Preserve by the following: · Monitoring the resources to identify changes in the quality and quantity of sensitive resources and habitats to assure compliance with the adopted Mitigation Monitoring Reporting Program. · Implementation and monitoring of restoration activities, as appropriate. · Establishing a comprehensive monitoring program for the biota of the Preserve in conjunction with the Phase U RMP. II .IEI'A.I"OMUXIC1¡ ........... UVloœ ) y.~- 'k-J f'1q¡e 9 000024 J~H 24% . ~"---~-'~"'"'---"'-'-'-- ''..M.----.--r--....- c ( . Developing and implementing an annual monitoring program designed to identify changes in quality and quantity of on-site biological resources including sensitive wildlife species, sensitive plant species and sensitive habitat types. JOINT RESPONSIBILITIES OF THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY . Maintain the management plan for preservation that facilitates effective, long- term management of the Preserve conSistent with the goals of the Phase I and II Resource Management Plan and the ·Otay Ranch Open Space Preserve". Develop a Preserve Area Handbook which contains policies and procedures in managing and evaluating the activities of the Preserve. The handbook should include the purpose of the preserve, areas within the preserve including maps, trails etc., the preserve area org"n;~~tional stnlcture, park system hierarchy, land anm;n;~tion, financing, resource anm;n;<:tration, facilities, public relations, etc. Develop a fire prevention program to protect h"mRn life, prevent modification of park ecosystem by human-caused wildfire and prevent damage to cultural resources or physical facilities. Coordinate with the appropriate agencies involved with the Multiple Species Conservation Program (MSCP), or other adopted subregional habitat pl",.,.,;ng programs, 'to assure consistency with regional conservation efforts and plans. Regional preserve management agreements may be used to ensure working relationships are established between other open space preserves. Coordination with local jurisdictions, resource agencies and adjacent ownerships. Implement the Phase I and n Resource ~"""gement Plans. Review proposed preserve boundary adjustments, infrastructure plans. Comment on plans for land uses adj acent to the Preserve and other activitie$"studies. - Formulate performance standards for the City of Chula VlSta and the County of San Diego, in their respective areas of responsibilities, to ensure that the ·Otay Ranch Open Space Preserve" achieves the goals and· objectives of the Preserve. JEPA.PQMz.DOC1i .........: IIÞ1Gœ \0 ),/)-Y/ /J.. Pac- 000025 JM~ 249 b , ......- -... - ---------.----."1 ----.--j..- ATrACHMENT ,.. Clay Ranch Phase 2 Resource Manaoement Plan II, Preserve Manaoement,' Conveyance. Fundino Preserve Land Conveyed - Forecasted by Vil1a¡;e .~ B C I D E A"B+C) DOt.U8 Area Tow LDA Common Total-<LDA + ConveYUlce CommoD\ ViII.ge 1 904 0 29 b74 :.039 ViII.go % 778 0 48 7%7 864 VilI.·{e3 318 0 8 3141 3;3 ViII.ce 4 607 0 I~ 5941 iDS Village ó 493 0 26 4671 555 VilI.ce 6 368 0 231 34%1 407 Village 7 412 0 94 3181 3-- .. Village 8 U3 0 19 3241 385 ViII.,e9 3&4 0 20 3441 409 ViII.ge 10 334 0 68 2661 316 VillaCe 11 488 0 70 3851 488 PA 1%EI1C 439 0 49 391 464 Vi'lage 13 (Roonl 783 0 14 770 914 V¡¡..ce 14 (Prac:tør Valley ) 8:!9 0 21 808 960 VllIare 15 (SaA Y.ldro WeI&) 100 0 13 787 934 Village 16 (JamuI) 1.117 r70 2 744 884 Village 11 (s... Y.ldro Eaa&) 1.611 '118 2 818 968 PI.aIliDg Ana 18& %16 0 ° 216 286 PI......Dg Are. 18b 10 0 ° 701 83 PllUlDiDg An. It 20 0 ° 20 :H SRW 112 0 182 0 0 Public 20 0 20 0 0 Arteri.1a 69 0 69 0 ° 'rOTALS 11,524 1.166 186 9w'·-' 11.314 /3 ------.....-'·---.···-··1 --.---~_r---.-._---_.---,.-.- ....__.~.y.A. 000029 JAN Z 49 b \ - ' COUNTY OF SAN DIEGO BOARD OF SUPERVISORS WEDNESDA Y, MARCH 6, 1996 MINUTE ORDER NO.6 SUBJECT: Otay Ranch Open Space Preserve-Owner Manager Joint Exercise or Powers Agreement Between County of San Diego and City of Chula Vista, Preserve Financing Plan, Open Space Conveyance Plan, and Overall Otay Ranch Design Plan (Carryover Item from 2/21/96, Agenda No.3) (Supv. Dist: 1,2) ISSUEIREFERENCE: On February 21, 1996 (3), the Board of Supervisors continued the matter to March 6, 1996; directed County Counsel to advise the Board prior to March 6, 1996, on the legal issues pertairung to this issue; directed the Chief Admirustrative Officer to meet with all interested parties and property owners (in the same room, at the same time) to find an acceptable conveyance plan that works; and directed the Chief Admirustrative Officer to review the documents presented at the meeting, including the document questiorung the consistency of the proposed Resource Management Plan, with the adopted General Development Plan and the original Resource Management Plan, and be prepared to report at the March 6, 1996, meeting. On January 24, 1996 (4), your Board continued this item to February 21, 1996. Should the County enter into a Joint Exercise of Powers Agreement (JEP A) with the City of Chula Vista for the ownersmp and management of the Otay Ranch Preserve, approve the Preserve Financing Plan, approve the Open Space Conveyance Plan, and approve the Otay Ranch Overall Design Plan? FISCAL IMPACI': There will be no fiscal impact as a result of executing the JEP A for ownership and management of the Otay Ranch Preserve. Preserve costs are the obligation of the current and future developers,and owners of Otay Ranch properties. Perfonnance of operations, maintenance and morutoring tasks are the responsibility of the Preserve OwnerlManager (pOM). POM expenses will be funded by revenue ITom a Habitat Maintenance Assessment District to be fonned for the SPA 1 development and future developments and by a direct contribution by the SPA 1 developer. . Since actual conveyance of ~and is not anticipated for at least three years, any current staff ____ participation will be provided through existing budgeted resources. Additional staffing requirements will be determined as development and conveyance occurs in Otay Ranch and will be funded by revenue from the District. }'+ø- '1.3 /4- ---~'--'~l~ ¡-m.__ CostS associated with formation of the Habitat Maintenance Assessment District are unknown at this time. Costs associated with forrtÙng the District will be reimbursed from District revenue. In the event that fonnation of the District is not accomplished, the County will bear the cost associated with fonning the District. Exact costs are unknown but are estimated at $10,000/$30,000. The source of funding will be the General Fund. If the District is not fonned another source of funding for the County's management responsibility with the JEP A must be found. The Board does have the abiIitv to withdraw from the JEPA if necessary. . There will be no direct or indirect costs to the County for adoption of the Otay Ranch Overall Desil!n Plan. - RECOMMENDA nON: CHIEF ADMINISTRATIVE OFFICER: I. Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified Environmental Impact Report (EIR), dated December 1992, and that no new infonnation of substantial importance has become available since said EIR was prepared; and review and reconsider the infonnation contained therein. 2. Approve and authorize the Clerk of the Board of Supervisors to execute the JEPA between the County of San Diego and the City ofChula Vista for the ownership and management of the Otay Ranch Preserve (Attachment A of the January 24, 1996 Report, attached as Exhibit 1). 3. Select and appoint one member and an alternate from the Board of Supervisors to serve on the JEP A Policy Committee. 4. Authorize the Director of Parks and Recreation to serve as Administrator to the JEPA. 5. Approve the Otay Ranch Preserve Fmancing Plan and direct the Chief Administrative Officer to take all required actions pursuant to Fish and Game Code Chapter II, Section 2900 et seq., Habitat Maintenance Districts, to establish a Habitat Maintenance Assessment District pursuant to Government Code Sections 50060 - 50070 for the purpose of financing the maintenance of the . Otay Ranch Preserve. .; 6. Approve the Conveyance Open Space Plan (as amended by Exhibit 2) for the Otay Ranch Open Space Preserve. 7. Approve the March 14, 1995 Otay Ranch Overall Design Plan (Attachment D of the Januaqr24, 1996 report attached as Exhibit 1). 8. Direct staff to continue to work with the City ofChula Vista and affected property owners to refine the Conveyance Plan and Preserve Financing Plan to reflect change in ownersrnp and other factors. } If.j- tiLl /5 ACTION: Commending and thanking the various parties for their involvement and participation in this proposal, ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, appointing Supervisor Cox as member and Supervisor Jacob as alternate member to represent the Board on the lEP A Policy Committee, including the use of the developable acreage methodology for detennining conveyance with the following additions: Direct the Chief Administrative Officer to work with the City of Chula Vista to investigate, and if feasible, develop an in-lieu fee program to be included in the RMP II as an exaction alternative to conveyance ofland. Amend the Conveyance Plan to require the actual conveyance of open space in title free and cle:lr of all encumbrances to the Preserve Owner Manager (pOM) as a condition of the first and each subsequent final map. Said Final Map shall also be subject to a condition that the subdivider shall execute a maintenance agreement with POM to the satisfaction of the jurisdiction approving the subdivision map, stating that is the legal and financial responsibility for the subdivider to maintain the conveyance parcel in its current and natural state until an agreed upon point, at which time there will be sufficient revenue from the Habitat Maintenance Assessment District for the POM to maintain conveyance lands. The actual amount of conveyed land for each final map shall equal the amount necessary to nùtigate the entitlement received in the final map, consistent with the conveyance methodology as recommended to the Conveyance Plan. Approve the Conveyance Plan solely for the processing and conveyance of preserve lands associated with SPA I; n(\ other village or SPA can be approved until the Conveyance Plan is amended by the County of San Diego and City ofChula Vista to provide criteria for assuring that the conveyed open space shall be in contiguous, biologically viable, and econonùcally feasible (for management purposes) configurations; and directed the Chief Administrative Officer to comeback with amendments to the Conveyance Plan that address the issues raised by the Board members. AYES: Cox, Jacob, Slater, Roberts, Horn )y.a- 't5 If¡ State of California) County of San Diego)ss I hereby cenify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Board of Supervisors. ARLINE S. HULTSCH Assistant Clerk of the Board of Supervisors .----,.....~ ,- y SUP E R ", J' 0 VI \~ /~ <:)~-- "'",,,J'c~"~ , '" ' .~,. ,', , ~ ~, . ,._...f=:".. _~ù,-:~.......~~. : 0 ^ ~' ,""""/,.:., ,:", ; .::¡. /to i ' '. , '.' "q¡ ':s.\>. ;¡; ",,,,," ':. .; for;;. - '<:J.)¡;¡~_'I'\"~·." ,. .' .: ~~ c.O\\~1'~ 0_ i ; -.":,':\ . .; ~" ---",. ,..,( DIEGo_ ;;;-:' ! ; r < 9,~('1J1J-r';:·~~f~.·-·.J f, ú' (/ t;:.\~nJ1.\:p; . -\ - . .,:., Y. I ., .r.....,. "_. ~·...,.x . ,..~~. ,"¡-.;. ~ . ft~J-' 0 ~ ~,J~..b~r,~~t;.f~~·if L' / /.~WN'.,.,/" ." " "'"c .r~:::.:-· 4l~ . l..."-" "," \. 0 ",.,.. ~...:r C r ~':" "'" COUNi'i. -,I" ,...,.,.......""'"',..~...... ~ '~ By ffi ~1;·~ Maritza C. teele, 12. puty . ....""\, ", ,- ¡... , ,...... . . J'IJ-~ 11 --~-_···_--'t--'--'.·"l'"-"'·'-·-----~'--~-··-·--r--~-~-"_. "._-"._._.,.,_.,,__~..,._. ..._'_M.___. "__~._~__________~_ ~cJ.~e~i 8 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING Exhibit 10 Difference Between SPA One Land Plan and GDP Identified Acreage (Acres) SPA Conveyance GDP ViIla.,e Area ADDlication' Park School Net Obli"ation Forecast Difference Village One 585 21 12 552 656 1.039 Village Five 476 19 12 446 529 555 Total 1,061 39 24 998 1,186 1.594 West Of Paseo 264 0' 0' 264 313 Ranchero Total 1,326 39 24 1,262 1,499 1,694- -95 3. Conveyance Timing The RMP provides that cumulative acreage conveyed should be greater than or equal to SPA acreage. It is self evident that actual conveyance cannot occur acre by acre, as development proceeds, but must occur through the conveyance of manageable and biologically meaningful blocks of land. Thus, the issue becomes what is a reasonable size block of land to be conveyed, and at what point in the development process should actual conveyance occur? Conveyance of larger blocks of land cannot reasonably occur upon initial SPA approval, at the start of land development, because there is no revenue base from which to fund management of the conveyed land. Conversely, land should not be conveyed at the end of the development of a SPA because the public interest and RMP policies require that actual conveyance roughly parallels the time of impact (development). 3 Based on the SPA One EIR Alternative B plan. 4 Parks and school sites will be located in the area west of Paseo Ranchero. When a SPA involving that area is processed, those acreages will be incorporated into the analysis and conveyance obligation adopted. Otay Ranch Page 63 February 5. 1996 } 'f'- y~ ;)~ 1'·--· .-. - - -- - '1·---·------------ Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING This analysis recommends that actual conveyance occur as follows: . ãQ% ef a -:illages' e'aligatieB te een"ley lanel. eeeurD ~<aeB the "'.":illage is 50%1 à.eY:~elel3eà; the reæaininb 5Q~i 8f the laRd iø eOR'"leyeà 1::lf)8B Qg~, sf el.e-,-elepment of the village."- . ãO~' sf the SF.'\. ORe ÐSHgatisB te eSB"'ley laBEl eeeliFS wRen the SP.\ is 139% el.evelopeà, the reæaæeler ~:ealà 130 e6Bveyeà a¡3Ða. QQ%~ sf de\gelspæeBt af SF..\ ORe. "Develel3æent" ß:ø it ti13131ieø ta th.e reeøææendatien aleDa, iB aeoŒetÌ te 80 1:l138B the reeerlÌatiøB sitae final maps. The applicant shall convev fee title to the POM upon the recordation of each final map for an amount of land eaual to the final map's oblil!"ation to convev land to the Preserve. Each final map shall be subiect to a condition that the subdivider shall execute a maintenance al!"l'eement with the POM statinl!" that it is the responsibilitv of the applicant to maintain the conveved parcel until the Habitat Maintenance District has I!"enerated sufficient revenues to enable the POM to assume maintenance responsibilities. Based on these principals and consistent with the adopted Village Phasing Plan, conveyance is forecasted to occur on a year-by-year basis as depicted in Exhibit 11. Exhibit 12 below, contrasts the amount of land conveyed to the Preserve over time with the 5 Te eB8\H'8 that Otar RaReR iB Bet P8FIBitteà ta IHH'8\18 a ¡:Iattel'R sf ·.~B.ge àe-.-elspæeøt ,,"bieR we\ilà FBS1Ht is a series 9f,~ageB àe"·ela,eà vr:itheat aay inè¥.~à\ial·.illage til"iggering the ãg~, Ele"¡els:pm.e:at tœ-BBRBlà, all eu.eeeeeliRg SP_\s ehew:l.à Be Fsft\åreà te gd that the 89RneyaR8e }3eHeise efthe RJ.f:J? Si'e BeÍ:ng ÎmJ31emeated i:R geed faith. Gtay Ranch Page 64 February 5. 1996 I_-~ 30 ----~---_._~._----..,------_.- .-, -,.'-'~'----'-_.- Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING anticipated acres of sensitive resources to be impacted by development. Because development is likely to occur on the Otay Valley Parcel during the initial stages of Otay Ranch development, where there are few sensitive resources, the preserve will receive substantial preserve land well in advance to any corresponding impacts. 1'1.- y.'f ----....-.,.---,.--r--,.-..--'--"---.---~~~--r_----..--...--__om ___.' ."-_.".._._.__.._______._____~__ Otay Ranch Page 65 February 5. 1 996 8( Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING Exhibit 11 Preserve Land Conveyed - Forecasted by Year Year Acres Conveved Cumulative 1 1399 1399 2 3479 4859 3 347 s-Wð 8 2Wð 4 3479 11 8Wð 5 4969 16 4Wð 6 577 +9+ 225 ~ 7 374~ 262f ~ 8 271~ 289f ~ 9 590 ±,±+4 348c ~ 10 865~ 435 ~ 11 903 &ð9 5251 ~ 12 628 ggg 588' 4;889 13 536 ±89 641' ~ 14 613 ëã+ 703' ~ 15 568~ 7601 ~ 16 492~ 809' ~ 17 492~ 858' +,M4 18 475 êG9 9061 ~ 19 398~ 9451 ~ 20 2329 9691 ~ 21 232 Q.2 992 9;9U 22 210~ 1013 ~ 23 210~ 10 342 ," "", , 24 2109 10 552 " ".~ , 25 1379 10 689 " ".~ , 26 1379 10826 ," ".~ , 27 1379 10 963 '" "", , 28 137 G+4 11 100 '" n"';;:;¡ , 29 137 484 11 237 , 30 1379 11.374 ,. nn , , The iRiâal CeB\'eyanee reAee~ RalfefER~. ORe's BeligatisR. The tetal Beligatieø is 1,18' BSFOG. OBe Àalfis 591 aeres. Otay Ranch Page 66 February 5. 1996 11f"- 5d 3J., , ^------..---------.......--...-r---.---.---.-~------"'.------.,.......--~------.~-.~- Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING Exhibit 12 Contrast - Conveyance With Sensitive Resources Impact Land Conveyed Cumulative Cumulative Sensitive Compared to Year Land Conveyed Land Imnacted Resources Imoacted 1 139 ( 0 139G 2 485 ( 0 485G 3 832 éW 0 832 éW 4 1 178 éW 71 1 107 é22 5 1.674 éW 180 1494~ 6 2251~ 289 1 962 .¡.,w¡ 7 2625~ 398 2 227 ~ 8 2.896 ~ 488 2408 , 9 3.487 ~ 639 2848~ 10 4 351 ~ 954 3397~ 11 5.255 3;-99± 1,272 3.983 3,1-W 12 5 883 4;88G 1,497 4386~ 13 6419 á;OO9 1,715 4 704 ~ 14 7.032 ~ 1,939 5093~ c, 15 7.600 G;MG 2,111 5 489 4,398 16 8 092 ~ 2,284 5.8084;4l8 17 8 584 ¥44 2,456 6 128 ~ 18 9060~ 2.623 6 437 &,és± 19 9 458 8;-4()8 2,784 6674~ 20 9 690 8;-4()8 2,890 6800~ 21 9.9219;G2± 2,995 , 6.926 G;œ& 22 10 131 ~ 3,091 7040~ 23 10 342 ~ 3,186 7 156 ~ 24 10.552 ~ 3,282 7 270 ~ 25 10.689 ~ 3,354 7 335 ~ 26 10.826 ~ 3,426 7 400 G;!79( 27 10 963 ~ 3,498 7465~ 28 11100~ 3,570 7530~ 29 11 237 ~ 3,642 7595~ 30 11.374 ~ 3,714 7.660~ )"-5/ Otay Ranch Page 67 February 5. 1996 3~ , Otay Ranch Page 68 February 5, 1996 ~- ,~. -"'.......,...-~._,.--.---,.--._..._._. ._-~..,----- Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING (I{I Fee-In-Lieu The City of Chula Vista shall establish. in consultation with the Preserve Owner Mana,¡¡:er a pro¡¡:ram to collect fees in lieu of actual conveyance of ¡and to the Preserve Owner Mana¡¡:er. The fee-in-lieu pro ¡¡:ram shall be desi~ed to ¡¡:enerate fee revenues sufficient to aCQJlire identified preserve ¡and in an amount equal to the acrea¡¡e obli¡¡:ation of the proiect pa,yin¡¡ the fees. Fees shall be pa,yable upon recordation of final m!\)s. While fees ma,y be held in trust by the iurisdiction imposin¡¡: and collectin¡¡ the fees. they shall u1timately be conveyed to the paM. The paM shall use the fees solely for preserve pro.perty acquisition. Fee revenues ma,y not be utili7£d for any puq>ose other than preserve property acquisitions. 4. Conveyance Location The RMP provides the following guidance regarding the location of conveyed land: · Priority is given to high quality resources. · Priority is given to most vulnerable areas. · Conveyance should begin with "keystone" parcels (vernal pool areas, Salt Creek, Otay Valley, Central Proctor Valley, Western San Ysidro). · Potential restoration areas should be conveyed early. A key additional consideration is the practical constraints imposed by areas of ownership. Otay Ranch is currently owned by several parties. IB BFàer te faei±itate eeB9.~eyaBee, the 8~·BeFehi¡:J sf the laBEl sew/eyed sh.øæè., tø tke ÐKteBt, JJPaetieal, eSFFÐSfJÐBà 1;9 th.e Ð'WBere&13 sf the laBel àeyelef)eà. ExhiBit 12 refleete the em:reat eVl:Beps~ ef Otay RafteR. IY._ ....1'A 3' Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING Exhibits 14A & 14B HU comprise the conveyance plan based upon current ownership of developable and preserve acreages. Other potential alternatives may be developed which can achieve the GDP/SRP goals, policies and objectives, and respect ownership patterns. This convevance plan shall be utilized to identify the lands to be conveved for the initial Otav Ranch SPA. No other SPA Plan mav be approved until the convevance seauence and location is reviewed and potentiallv modified bv the Countv of San Diee:o and the City of Chula Vista to reflect consideration that conveyed land be biololrically viable. contie:uous and economically feasible for manae:ement purposes. lithe aràer sf eawleyaRee is Blsàæeà Î:B the Í\:lt1:H"e, the ehaBg'Ð i:a the eøø"'leyaBee eeheel1::Ù.e shall 'Be 8~p:rÐved 13y the City sf ChaIa ~.Tista aRà gaB Diega CeuBty m 8ÐÐràinatisfl with. the PreBeR~e OWBeF!Þ.faßager. In making the decision, the impact of the conveyance on the Preserve Financing Plan shall be considered. In addition, the properties conveyed shall follow the criteria of the GDP/SRP for the conveyance of the "most vulnerable" areas that are most subject to potential and ongoing distrubance. a. Permitted Uses Uses permitted within conveyed land must comply with the provisions of the Otay Ranch General Development Plan. Seven broad categories of uses are permitted: · Open space, including preservation, recreation and education, study and research, and management of environmental resources; · passive recreation; · infrastructure consistent with approved GDP/SRP plans · interim agricultural uses consistent with the Range Management Plan; 1\4" -5) ---'--^.,-""--..'---m.....-·--·--····-r----~-·-----··---+-~-"--·--"-r-----··"--,·,···w- Otay Ranch Page 69 February 5, 1996 3: Otay Ranch Page 70 February 5, 1 996 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING · active recreation (up to 400 acres consistent with the Otay River Valley Regional Park Plan); and · a university within the areas designated within the Otay Ranch General Development Plan Land Use Map, but excluding structures within the Salt Creek Canyon; and · an Interpretive Center. The GDP/SRP allows certain uses in the Preserve. The POM will allow any and all of these uses within conveyed lands subject to the criteria and conditions of the GDP/SRP. This Phase 2 RMP designated the City and the County to act as the POM for an unspecified duration. During this period, the POM will sell, lease or gift areas of conveyed land to a third party for the purposes of pursuing any of these permitted uses, upon direction by the City and County. The City and County may consider designating such a third party as the POM for such conveyed areas and for such uses. J_-Sy. 3& Oray Ranch Page 94 February 5, 1996 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING 5. Restoration Analysis The Otay Ranch RMP and Findings of Fact require the restoration of 1,300 acres of coastal sage scrub (CSS) throughout the build-out of the Otay Ranch project. The Coastal Sage Restoration Master Plan (Appendix F8) identifies the candidate areas that are available for restoration. The purpose of this analysis is to identify the obligation to restore coastal sage scrub and maritime succulent scrub (MSS) on a village-by-village basis. a. Coastal Sage Scrub As depicted in Exhibit 15 below, development of the Otay Ranch villages and planning areas would impact approximately 2, lOa 2.736 acres of coastal sage scrub. Another 4GG- 529 acres of degraded coastal sage scrub (dCSS) would also be impacted aD well as 79 !ieres of eeastal øage eerae/R9.tY.?e g;r&selaFHlø (CSS/ÞTC) flFld S.? aeFes sf CSSf-MC. Thus, the total area of coastal sage scrub (of some variety or correlation) impacted through the development of Otay Ranch is approximately ~ 3.322 acres. This calculation assumes that all the area within a village shown within a GDP "development bubble" will be impacted. However, some of these areas may be preserved due to environmental or land use decisions made at the SPA level of planning. OR tke et£¡el' kaRà, the 9.Balysie deBs Bet iBehule the eeastal sage eer\:l.ß l'ÐS81:1£eSS eHst1!l'Ðeel as a eSBseE{l::leBee af àe"¡elsJHÐ.Ðat au.tsiele 8f :read. ar }3\Ñ31ie faeæty ÍBi}3Fs·:eæeBte ef a -:illage. As discussed in the conveyance plan, the obligation to restore coastal sage scrub should relate to impacts to coastal sage scrub on a village-by-village basis. That )4. -55 37 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING is, for every acre of coastal sage scrub disturbed or destroyed within a village, the village applicant should be required to restore a compensating amount of coastal sage scrub elsewhere within Otay Ranch to ensure 1,300 acres of coastal sage scrub will be restored at buildout. [The 1.300 acre fie:ure reflects the reauirement that 85% of Otav Ranch coastal sae:e scrub will be protected. 70% throue:h preservation and 15% (1.300 acres) throulrh restoration. If the preservation amount is e:reater. the restoration reauirement will decrease.l Under this approach, for every one acre of coastal sage habitat destroyed on a village-by-village basis, the applicant would be required to restore O.4~ acres of coastal sage scrub elsewhere in Otay Ranch. Exhibit 15 below depicts the resulting restoration obligation for this alternative. Exhibit 15 ess Restoration Allocation By Village APea MitigatieR IDlpa~ed ..·n .~. . - . AePes GSS -M G Village 1 0~Test sf Pasee GSS ~ -M ., GSS ~ l2 GSS é :1 GSS !7é ~ I,,,,, 0 GSS iU> .w I,,,,, n GSS é :1 GSS é :1 VidJ.age 1 â GSS ~ ~ Dietæeà C~S M ~ Village 14 GSS 100 .!fG Diet\H'BSB. CSS *éG ;¡g 'tHlage 1õ GSS 4!7& 100 DietærÐeà CiS 4é -18 Planæng ~'\:Fea IS GSS a8G lé3 RiebH'Ðeà C8S iU>G M PlaB:nÍag ~'\Fea 17 . GSS é4( :w; Dietæèeà ess 4Q -M Otay Ranch Page g5 February 5. 1996 J~I-t'~ 3~ Otay Ranch Page 96 February 5, 1996 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING GSS l& (; GSS ±G 4 Di8t~Beà. CSS 2G 8 Cirewati8B Element Reads GSS (;8(; 2M VilIalre No. CSS dCSS MSS TOTAL R...torat on (Acres) (Acre;) (Acres) (Acres) (Acres 1 57 - 11 68 7.2 2 29 . 2 31 2.4 3 5 - 1 6 2.4 4 71 - 10 81 2.4 5 - - - - - 6 - - - - - 7 - - - - . 8 22 - · 22 8.8 9 4 - 2 6 2.4 10 3 - 11 14 5.6 11 - - · - - 12 - . - - - 13 329 51 - 380 152 14 188 147 - 335 134 15 463 49 - 512 2 4.8 16 379 246 - 625 250 17 538 36 · 574 2 9.6 18a 10 - · 10 4 18b 6 - - 6 2.4 19 16 - - 16 6.4 Circulatinn 616 : 20 636 Z. d,j Element Roads TOTALS 2736 529 57 3322 132 .80 b. Maritime Succulent Scrub (MSS) Otay Ranch contains approximately 285 acres of Maritime Succulent Scrub (MSS). The Otay Ranch GDP contemplates that approximately 56 acres of MSS would be disturbed through the development of Otay Ranch. Identical to the rationale discussed above in relationship to CSS, the obligation to restore MSS arises when the MSS habitat is disturbed or destroyed. The Otay Ranch RMP and Findings of Fact require that 56 acres of MSS be restored through the build-out 1'4.- S7 30 Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING of Otay Ranch. In order to ensure that 56 acres of MSS are restored, each village would have to restore 1 acres of MSS for every 1 acre of MSS taken within the village. Application of this ratio results in a village- by-village restoration obligation as depicted in the following Exhibit 16. Exhibit 16 Maritime Succulent Scrub Allocation By Village Mjtiga-tisB Area Impacted Restoration fF.stimate) Requirement Villal!elPlanninl! Area Habitat Tvpe (Acres) Villae:e 1 MSS 11++ 1 ++ Villae:e 2 MSS 2a 2a Villae:e 3 MSS 13 13 Village 4 MSS 1O~ H ~ Villa¡¡;e 9 MSS 2a 2a "'illae:e 10 MSS 11~ 1 ~ .rculation Element Roads MSS 2014 2 14 )~,-9t' -·------.,"---·'---T-~~---··--·---·---_¡_-~-·--··--·,····--.......---. Otay Ranch Page 97 February 5, 1996 4'0 ;4-B8 18.31 FROM' .ID· Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEM!NT, CONVEYANCE:, FUNDING ,j b. R6gio1UÚ-lItI1IfIjit. Q¡¡.pDrtm.U;_ As discussed tbroughout this document, the Otay lù,.,~l, properties have aD obligation to convey 11,375 acres to the Preserve Owner/M......ger for the purposes of establishing a preserve.Jowever. the creation of the ureserv@ estab1i~hA9 a l.oe2ti.on and n~"';'7.Ation~ 1 ~mework witb;'" w],;..], DroDerties other than Otav ~ or entities other t·],"n C1mJ.a Vista andJht. County r.An contribute addjiin,.,,,1 lAnds or Dreserve imDrovements to bulla an ooen soace svstem of benefit to the entire reE!Îon. Exbibit 17 denicts some SDeP.ffic ODDnrlunities for such contribution. The e__alt ef _ ll,:i7ã .en JiF8S8F!.·e irSIIi the Q'õay Pft".,.eh ,.apefiies JIKiÅ, aeeett..1':-g 18 ¡tate law!' 138 æaeeae.'B1y l'elMell te the Ia.llaa .eøell BY 'eB.,. .!e·/aleJi.eat sf the JiFSJie_t). Cea~l!Bely, the:re ..lISt he .1'8IiSeaah1e Felatie&SMJI hetweea the heaeits JlFs'l'iàeli lay the sJiB.etiea _II 'õå8 i8'l"alepmsB'õ. n.e p.eeePl,,:e, lIeS8:'IH9 sf its siBs. l'elaâsBS'L':r is etàe:r epe!!. 8JIIiS8 1ft_je aøà l'lllatieaelo-ir 'os ethel' lIe'.TÐlepeå. 1--116, e.1'II Jl1ih1ie heBeBb _'L.:tl> eN 8~e~-eà W8R he,.-eall the l'esiàeab af OtQ3- R&lrek. Thus. while the 1RHi!¿M _II mtu& 11'8JiSI*5' ewaeiN e--¡f I!Bsii8B1i6 ef Ois,. RlHuà an s}¡]igetall i8 diir81H1y el' iBwesily pay fer 'eBe 81'eatiea, m-:-ie-,-88 _II epemtiea e€ 1iM 'I8Sel'\'8, the Beaefit ei the ,!'eeep¡e UBI'1le6 tie llie!'s *QB j1iBt Ote,' Re.eh !'esÜÙ1atB. TÀe aeale¡¡t e€ I'lllJÍEIaal heBsãi If . 1-,,1'8 Bnle e,eB 8JIaes .!.~ ¿'elli is .ers-1g~ 1y tisNSssII iB the, DI'EIit MSCP ~s.... - wl1:_'L. l!Øeer:-u the aelll t'L.-i aR iea :Qie1'8 Ce1H1i:f l!ØeiàeMs Be &eIIeBsell Ii fee e1' 'õ_ ie àe!, ,e,. mæ the geaeæal ¡Jti;hliø)eBefil aese":-teà with 'eBe UiCP ,!'esel'l"Ø S.~.¡.t811i. A ,:-:1-- atie--1e applies ie the 0*&5' Pft-eè Ji!'8sePle- _~eel'.I:-g13·, fer ¡he ,repe~· e.. __8 ealll'lleiàeais sf Ote,- Ra-ek Ie Be 1æsateå ill. ea e¡¡gitliBle ----n, if Jy..-~f -~~~~-----'---------T----·~~---_·_·----·ï--·--··_------ -.---_.._- - PAGE 2/3 Otay Rmtch PIge 103 Fetxuaty 5, 1_ ......... Å 'f . '- ~ rB6 16.32 PROM, ¡ ~ Otay Rlmch Page 104 FebrUatY 5, 1 i96 10, Otay Ranch Phase :1 Resource Management PIan PRESERVE MANAGEMENT. CONVEYANCE, FUNDING tà8 USCP preg!'ft';" el" eiàe!' ee_¡¡lY.'QŠle ng!e¡aal e~ S1i.Ð!'egj8f'-' à&èitat eeBSep.·a1ieB p!'9p--- is _,Ie_eated ¡Heugh a 1I~ead Based fee 91' tax fer ¡lie .-:-teB--~e aaà epeatiea af a I'ØgieBallu~eee!Ve, tile Seplil'tNB 4f-¡--eiBl ehlipäsa _,sssEl u.,ea 01;ay "D~-eh :resiàeate eke"tIi he e':-:-ateà. )'f,- 40 t"'Pt.~~ .u"' ~ . ,,-' ~ ,....\. ¡;F,n'.' :~ TV II" . . ,.¡l,¡ ... ~ c.x \ -if. ~;l~~~~=~~~~~~~-~~: -- - . . . . - ... ::!4- ~3-9ò .. .~..- .. At-to.~\ w.«~ Q." ';"W ';:II'" It",c :~. ,-'IF PAn., HASTI\(;S, .1.\~ol'~,I\Y & K\I.IŒR ·'Q'-I,,!.t~ .\'1"1......'.. ....,....,<":1'" I.tl:(: ,......,. .. ..a"~"~"~,,,,, .' .:.",,~ ,.""",;-,'. ." ~....'~~ ~4<.:JO .w......... .. .........TO...t)~ .,.:'n.....:...' ~ .;""IQ"'1o~~ '.......I.!..:..... .......I.",·A ........!""~-y·ThIFõD ::'1 ..:;:,::'.... /",-,,:> "~~"\':;þ.,-~ltr: S"~~t: 1 '" J" nl::",..,,:,.r; I:~,."·,, ';;~'r,<:c ~,",:::' .........,., .:.,~·...c" ~"".'=- ':~';-.\ ~it:;'A. c.··..·r~I'I''''A h,¡·.~.;:I:.·,O.!'., T"~I.::..I'·'Q"·· :7'41 ",-.III·"'.::Oc= 0::;"""5 :-.;..TH F·~awr:I·., '...~..F"~- "'~I ..r~ '''' r..;I.,;Ô"<.òI,o, ;.n·_.::;"".~.:.:.: . ,..::",...t:\Nr: (..ç....) 0,':-' ¡"..ç,', """,'''~'' ,', ---. ... -."" "'';' L..05 ....."Icc:..c·~. CALI FC 1-1 I'>. .\ ",¡i:"',)'71-;!37, '.' '. v".'~'" "'C' ..;.... :;:Ie,;; .1.:' ·.'.I'~., '1"E:"L '-"'ON~ ¡;.'.;.,) t'I~.1 , (::!t>C:> ~1,......_-.,.r;. ':0"''''0;::- C..J- ::·Ol.P·". ... "·.'-~I·"'Ú·'.!: ':"n':,~ ~,... '.I;:'.~ -"i"..~- . ,'''. ~"I".! ...E:'~ 0:)""'(";1'" "':.;"'" Clc:c..... '_ ...." r::,~..... .......'" .'0·;,2'·...."": ~ ...~.'" v.:>..... ...." "".'. ~.AN ,'A ...Q/'o'<:4, r.'A..'~Orf....'.... ~o...c·'a'H ·~..r:p·!nNC ':1'1"1 """"3::JO:H"'! ~'''.J ....q.. ...'.1-......- ··..~·":'.'M'~E (.!I3!) ~.::!.,.,;;'<:'~ .~!:;.....J .,,~.=~ ....t·.... ~O.I~ .';;'Jó:" ......;¡, . ~.r'..~ONc ::~.:; r'!"~";",;,.. 10"","'J '=-'~I<::t:: ........ ........' M...'.,...,....þ. JV'" ~I.I."J.. I" to: l:iII:~ J( !";.,., 12!';~J, .....,............... ,·~..::.....ô...... ...IN,ATI:\....... ~O""TO '07 TI!:I.CD~'ONr (I:'):)] JGeo-4'T1, w...., ,..':......".. ,,"'" ~..,...:.. April 23, 1996 ,,,:"'" =,."''''......_......,...... .I\-.~,\.¡- '. N .......·...,'....cro... :":1,-' :'n,-,"'....·.,:...I;,· .., ....1~...¡...Or-ll:. ,~,J~. &,c:......;....';': W~ ~r:"".> DI"'c<,:r 0'41. '~V"'r,lr.1'\' ÛU>'I _.'.r: ""0:. (213) 683-6103 21784.61555 VIA FACSIMILE Gerald J. Jamriska Dtay Ranch Project Office City of Chula VlSta Planning Dept. 315 Fourth Avenue, Suite A Chula VlSta, California 91910 Re; Otav Randl SPA One Ph;,¡~ing Dear Jerry: In our meeting on April 18, 1996, repres(~ntatives from The ß,aldwin CompanylVillage Development/Dtay Flanch L.?/Tiger Development T'W() (the "Applicant") and West Coast Land Fund discussed with City staff several different phasing alternatives for SPA One, in accordance with th~ direction given by the Planning Corrunission. The discussion at that meeting was qualified at the outset by West Coa~t reiteratin;~ its request that the City suspend processing of the SPA One Plan and seek thr :.ppropnAte relief from thE' automatic stay in the bankruptcy proceedings iJ1volving Tiger Development Two. The discussion also proceeded on the assumption that West Coast would eventually complete its foreclosure action on a significclIlt puniun of the SPA One acreage, currently owned by Tiger, and would bt~ in a pDsition to either develop that portion or sell it to a merchant builder for development. You asked for -- West Coast to submit its requests regarding the proposl~d phash1.g in writing. Once again, reiterating West Coast's requ()st that the City seck an appropriate order for relief from the automatic stay in Tiger's bankruptcy case, and assuming that the City will nevertheless continue to process the SPA One pIan and that West Coast will wmpl~te its f,)rec!osure of Tiger's property, we haLve set forth below several items that should be included in the phasing plan for SPA One: . The Phasing Plan should limit development of SPA One to one vil1age at a time. Village 1 should ~ the first village to be 14J- "I - ._---'......~".__..-._.~- 04-23-96 11: 1j2p.M FROM ?íiJ &W ¡¡:' 10 ¡¡¡¡ló:':;;¡:.:L~ -. Gerald J. Jamriska April 23, 1996 Page 2 developed, and should be developed from west to east (Le., old Phase 28 would become the new Phase 1; old Phase 1B would become the new Phase 2 and extPllò to I.a Media. north of Palomar). This sequence would further the objective of establishing a functioning village communiry, as contemplated in the GDP, allow significant infrastructmc to be developed early in the process, allow the Applicant to sell off sigTIificant developable super block areas,Y and allow West Coast's concerns with the land uses proposed in Village 5 to be reviewed. . Although super blocks can be creatcd and sold off, a condition of the Applicant's sale of any such block or area should be the conveyance of the 593 acres of pro!TÚsed open space preserv~, owned by the Applicant. The EIR requires this conveyance early in the development process (i.e., in (he fIrSt 3 years of the "development program"), Since the Applicant proposes to sell off all developable acreage following approval of a "master tentative map," good planning and zoning practice dictates that the conveyance requirement be fulfilled while Ii unity of ownership still exists. . Paseo Ranchero should be developed prior to La Media. A~ noted above, the first phase of Village I development should be the old Phase 28 anea and the second pha:;e ~hou1d be the old Pha~e IB area and extend to La Media, north of Palomar. This sequencing would facilitate some momentum in the development procf'SS which, the Applicant indicated, should generale reve.nues Llult the Applicant can use to solidify its holdings and that the City can use for major infrastructure costs such as La Media. Consequently, as buildirig permits are issued for development in Village I, DIP fees should be eannarked for the costs of improving La Media. We feel that the phasing issues outlined above wou1d go far in addressing the Commission's concerns that the major infrastructure and village -- character be established sooner rather than later, III order to assure the feasibility of SPA- One, yet allow the Applicant to obtain some realization on the investment it has made in Ù1A! planning process. As the .!ndosE'd newspapE'r ;¡rtirl.. indi("at,.~, 11 At our meeting last week, the Applicant's representative stat~d that it would not be building any of the homes in SPA One and planned to sfJ off SUp4'r blotks to various merchant builders. ]If-....- ,,~ -~.._-'-..---.-'._--_.._~_.~----,-- [,4-23-95 ;:::2,~.:\~ FF.CLI ?EJ&W H5 m,C ~i!' ;;4'''';:. :-;:- ..' #11" ~ -.J '.... . ,_ i'f _ _ . . ":: _ _ . _ .. :- ..::± ... Gerald J. Januiska April 23, 1996 Page 3 a community's expectations regarding amenitie.~;. parks and other issues can be frustrated if development phasing is not carefully planned. Thank YOu for your cooperation in tlùs marter. Enclosure cc: Ken Lee, Assistant Planning Director Ann Moore, Assistant City Attorney Ed Dailey, Colony Advisors . Very truly .r0·~rs. fl. ~ L ~- l" ¿q (:). ( (~(,ra)-cL.-' {t \ ," Michael S. Woodward for PAUL, HASTINGS, JANOFSKY & WALKER )If.... ~ .~-----_. - - ~--_._--_._"'--_.._._._._._-- ~~w.e"'~ i Sectional Planning Area One Plan Errata (October 27,1995 Version) Page I Revision Part One SPA One Plan .. . ...., .' i Universal Edit The O~· RMea, L.P. Villa¡¡:e Development 11975 El Camino Real, Suite ~ liM (619) 259-29QQ~ 1-4 1st paragraph, 1st sentence - ...SPA One Sectional Planning Area flan, ... 3rd paragraph, 2nd sentence - These regulaûons establish standards for development and address ... 1-5 4th paragraph, 3rd sentence - ...streetscape and landscape design, signage programs, and architectural... 1-6 1st paragraph, 4th sentence - ...Brush Management Plan, élfiEi WilEilife CeffÎEler issøes. 2nd paragraph, 5th sentence - ...the Overall Design Plan, the SPA One Land Plan, and satisfies the GDP requirements ... 1-7 4th paragraph, ...ranch-wide affordable housing plan to address the relatiBBSIH! èe~'l.'eeR ~e provision of affordable... 5th paragraph - The Otay Ranch GDP requires that ~ SPA One Plan 1-13 3rd paragraph, 2nd sentence - The SPA One project area contains approximately 1,Qé.Hlil acres of gently rolling terrain. 7th paragraph, 1st sentence - The Local Al!encv Formation Commission (] .AFCm took action on Febrwu:v 5. 1996 to include mMuch of Otay Ranch, including the SPA One project area, is the s1lèjeet Bf ~e City Bf Clutla 'Vista Sl3kere eflBf1øeøee U,åate Stud:,', The Sæåy reeemmeaàeà that the Cta)' '.'alley Paresl, iBe11:làing the SP.\ ORe JJrejeet area, Be inehiàeEi in the Chula Vista Sphere of Influence An ~plication to ;6Hè e'¡eæually annexeè tbe SPA One proiect area.. as well as other Otay Ranch properties into the City of Chula Vista has been submitted to LAFCO.. 1-29 1st paragraph - A Sectional Planning Area Plan must be consistent with the Otav Ranch General Development Plan ... 1-38 1st paragraph, 4th sentence· The ÇìDP included 9.,7 acres Ìft gf neighborhood park1and ... - 1st paragraph, last sentence - ...reduced based on more precise grading informaûon elHfeR~Y a·lfiilaèle. 5th paragraph, 1st sentence - Village One is located south of Telegraph Canyon Road between ~e westem pfB!eÁ5' eEige Pa..seo Ranchero and ... 1-45 3rd paragraph, 1st sentence - Transition and separation between Villages One and Five is accomplished through a 75 foot average buffer alm12 I Ilf.þ-' t.¡ 47 ----~-----...-~--------_._---- Page Revision arterials Rem the æajer reBEl (La ~feàia Read) èi·..iàiag tfte \'ilIa~es. 1-46 Paragraph continued from previous page, last sentence - SiRgle fIHRil:,' and Hudti family FesiåeMial8fea5 fR83" he gateà, if J3tislie peåestrian assess is pre'":iåeå thFeHgB91:tt the gateå eemm.W1Ít)'. 3rd paragraph, 2nd sentence - There are ~ .l.J.li single family... 1-47 I st paragraph - ...defined architectural style; landscape theme;~ and design ... 3rd paragraph, 2nd sentence - The Otay Ranch Sectional Pl~ Area (SPA) ~ Plan... I-53 1st paragraph, 1st sentence - ...planned interchange ofSR-125 and TelegfllflB CIIB)-SR R.eaå Otav Lakes Road. I-54 1st paragraph, 4th sentence - The GDP included 6.6 acres ffi!2f neighborhood'park ... I-55 1 st paragraph, 1 st sentence - Village Five is bounded on the north by Telegfllflll CaR)-SR RsaåIOtay Lakes Road... 1 st paragraph, 5th sentence - Limited scenic values extend along Telegflll'R CIIB)'SR Rsaå ÜUly Lakes Road ... 4th paragraph, 2nd sentence - The northern buffer is Telegraph Canyon and Telegflll'B CIIB)'SR R.eaå Otav Lakes Road. I-56 1st paragraph, 1st sentence - The Otay Water District property, a portion ofEastLake Greens and... 1st paragraph, 3rd sentence - Transition and separation between Villages One and Five is accomplished through the use of a !BiniæWR 199 1.i.foot averalle set~aek buffer from the prime arterial, toa MeEiia RaaEi, EiiYiEiing the ".-mages. 3rd paragraph, 3rd sentence - The Village Five core identity is based on a traditional pIøæ town square design.. Tlús "l.ill ~e implemented ... 3rd paragraph, last sentence - SiBgle fl:lmil:: anEi !Balti faæil:: resiEiefttial areas mar Be gated, if pøèlie ,ldesHian &eaSES is 13rsYieløå tarsHgàstit the· gated eemœønity. I-57 2nd paragraph - ...transit/pedestrian orientation, íi diverse ... 3rd paragraph, 3rd sentence -... a 10.0 acre elementary school site, íi town sqµare, two neighborhood parks... 1-68 Tasks Performed by Later SPAs- Otay River Valley Riparian Habitat Restoration Plan Condition of Later Approvals. 1-69 1st paragraph, 2nd sentence - ...being allowed as an interim use including speeiReaHsRS fer buffering techniques... 4th paragraph, 1st sentence - Land utilized for agricultural activity~ ... 1-70 1st paragraph - (Appendices F9. A, B; C and D). 1-73 1st paragraph - areas within¡G SPA One project area... 1-77 6th paragraph, 2nd sentence - Otay Ranch SPA applications are required to pIaB I\WMYimatelv locate light rail transit alignments ¡m¡i, iàefttify J4-þ -~ 4Ð -------r---,..--,----~---" -_...__.~.._.._,-_..~"-_._-~._.__.~_._._.__._,._-----_.------_.~-.__.._--,...__._----- Page Revision transit statioDS leeaâeRS IIftè reseR'e Future tentative maps will be conditioned for dedication of right-of-way for the light rail transit system. 1-78 3rd paragraph, 3rd sentence· ...and La Media will be signalized ~ future. as traffic requires. 1-81 I st paragraph, 4th sentence - The EP A plan is ree¡iHreà te iàeatify the ligàt Fail tfansit alignmeBt, statieR lesatisR, and reserve the right 8f ?:ay fer tke æmsit lias. 3rd paragraph, 1st sentence - The SPA One Land Use Plan and , Circulation Plan provide for åesigaatieR the IWS'roximate location of the right-of-way at lfie EP.'\. 1Iftè~ tentative map Ie¥el will he conditioned for dedication of the lÌ¡¡ht-of-WIIY for the IÍI¡rht rail transit system. IIftè resep,'atieR ef.1åe Ri¡¡bt.of-WIIY will be reserved at the final map kY.cl for the trolley station and light rail transit ... 1-82 2nd paragraph, list of roads Telegraph Canyon Road/Otav Lakes Road 1-86 4th paragraph, 3rd sentence - ...the village core to the arteriaVmajor road~ ~Ti1hin 8S1B '.'illages Dae asEl FÏ\·e, 'Tillage EBB?' Ekeets and contain the right-of-way 1-90 1 st paragraph, 4th sentence - It is ÌBteRàeà that eCarts, bicycles and automobiles ~ travel within ... 4th paragraph, 2nd sentence - Village Plaza Streets are used in villages with plaza or town square themes (Village Five). Parking is prohibited on Village Plaza Streets immediately adjacent to the Village PIaæ Square. It is ÌBteøšeà lBat &Carts, bicycles and automobiles nw:: travel within ... 1-91 1st paragraph, 3rd sentence - St:Parate pedestrian, bike and cart ... 1-95 2nd bullet .. PI_ sB8æå 5tH-:e t8 retain 1Àe ehafaeter 8f the e!tistiag laøàfefmS te lfie e!EteRt feasiële 8)' fB.ela~ development to topography and natural features and strive to retain the character of the land forms to the extent feasible 1-97 5th paragraph, 1st sentence - PFeseæly pfreliminary soils and geotechnical reports have been prepared ... 5th paragraph, 2nd sentence - More refined studies will be provided at the te!HlHi'¡e IB&J! aøà final engineering stages of this project. I-IDS Add new 4th paragraph - The Olav Ranch GDP reQJlires that ~plicants ~pare an IJrban Run-offP1an fnrthe firm: ~PA within the drain~~e area of the Otav Re§ervotr 0t!Iy ~"nch SPA One does not drain into the ûtay. Reservoir drainl:\ie basin thn.c; there is no reqJlirement for additional Ot~v Reservoir urban nmoff plann;n\! as a condition of this SPA. 4th paragraph, 2nd sentence - ...integrated solid waste management, arts and cultural, ehilà e&fe, health and medical ... 5th paragraph, 1st sentence - FfleIt1ieBtlj" Œhis chapter ... 5th paragraph, 2nd sentence - Speeæeally, Œinancing and phasing... 3 ___J~ - fo~ 4-C¡ Page Revision 1-111 Footnote 11 - ...Sphere of Influence EIR and related ... Footnote 13 - This document bas not been approved, but approval is expected ... 1-112 7th paragraph, 3rd sentence - The Ïftteat eftIbe Olay Water District intends is to provide ... 1-113 1st paragraph, 1st sentence - ...San Diego County Water Authority (CW A). facilities planned by 1hc CW A and ... 1-114 3rd paragraph, 2nd sentence - ...primarily residential development, the eæpba5is eftke discussion Í!HHt emphasizes urban water control devices. 1-116 1st paragraph, add to end - The Reclaimed Water Uses and Restrictions Plan is addressed in the SAMP the Otav Water District Reclaimed Water Master Plan and the O~ Water District Reclaimed Water Rules and Re~lations. 1-117 2nd paragraph, 2nd sentence - ¡¡;-:elNUally, Olay Ranch may eventual1v be required to oversize ... 3rd paragraph, 2nd sentence - ...constructed within the streets eeastro¡¡teà during Village One and Five development. 4th paragraph, add to last sentence - ...up to the 980 Zone to serve SfA ~. 1-126 6th paragraph, 1st sentence - ...will reduce post-development conditions. èI2evelopment of this basin... 1-141 6th paragraph, 2nd sentence - ...increase generated by SPA One will require an additional ~ 21 officers ... 1-142 Paragraph continued from previous page -Approximately 5,112.5 sq. ft. of police facilities would be required to house the additional ~ 2l officers. 1-145 Add to end of 2nd paragraph - O~ Ranch SPA One wil1 be served bv existin¡¡ r.vFD fire facilities. 1-146 1st paragraph, 1st sentence - Since the vaset majority ... 1-147 iii. Municipal Fire Insurance (peaEliBg) The Ci~ ha.q d~P.Tmined that municipal fire insurance is not feasible at this time Add to end of 1st paragraph - Ûù\y Ranch SPA One will be served by existini fiTe and emeM'e11CV ~ce facilities. I-ISO 3rd paragraph, 3rd sentence - Ba.qed on the methodolo¡¡y in the GDP +the SPA One project area ... 1-155 4th paragraph, 2nd sentence - Prior to completing the applicllfttilm, the - r- applicant must attend ... 1-168 3rd paragraph, 1st sentence - ...Regional Purpose Facility land use desimation. 1-177 11 th bullet - Shopping centers oriented to promote use ~ gf mass transit ... 1-181 1st bullet - The SPA One project consists of two transit oriented villages .-.-.--.....-............." 4 ,.~~~~____ , '1-. -I.t. 7 _._._____~__._____ 50 Page Revision with a transit faeili~' station site included within ffteff ~ core areas. 1-188 Footnote 28, 2nd sentence - ...shall be consistent with the policies and programs contained in ~ revised housing element. 1-194 Add a new bullet - Con~ider the nrovi~ion of affordable hou~in¡¡ opportunities Part Two Index of SPA Requirements , .' II-5 Community Gardens - Performance Village Desiga PlaRS ~ Recreation Open Space and Trail~ Plan, Appendix B I2 II-IO Transportation Phasing Plans - Perfonnance TfafHe f .aalysis Tran~portation Pha.~ini Plan Part Three Planned Community District Regulations , III-7 Last paragraph, 1st sentence - ...Otay Ranch SPA One Zoning District Map (see Exhibit ~ lIH.) III-I 6 Table III-2 - Agriculture crops, remove footnote from P (SF3) and P (SF4). III-17 Table III-2 - Other temporary uses as prescribed in Section ¥4 YJ. III-19 1st paragraph, 1st sentence - The residential property development standarcb. have been developed ... Footnote 8 - Second story mu projectieft allewaele wi-tft-2' into the required setback. III-20 Change maximum square footage in table - ~~ ~ W!!! ~ 2.100 1st paragraph - ...in accordance with the Chula Vista Design Manual and the Chula Vista Municipal Code (CVMC1. III-21 1st paragraph - Refer to Temporary Use Section ¥t.J YJ.. 7th paragraph, 1st sentence - ...predominately of trees, ,,¡aRt materials ~hmhs, ground cover and ... III-22 2nd paragraph, 1st sentence - ...as follows in Table iI-4 ~... III-33 Table, Lines 2-6 - in table under CPF column, change G-to H. III -4 7 V.2 Unclassified Uses B. Campgrounds: See CVMC Section 19.58.G&G!MQ. III -48 F. Churches: See CVMC Section 19.58.G&G ill H. ...See CVMC Section 19.58.Q&G...ill III-69 Table III-8, lOth line - Churches... Minimum Off-Street Parking Require.ct ~ column - ...1 space/45 square feet of gross floor area within the main auditorium where ~ ~ are no ... III-72 2. All landscaped parking lot islands shall have a minimum inside dimension of Ÿ1fee (J) five (5) feet ... )~-l.i SI Page Revision , III-7S A. Purpose The purpose oftœ Site Plan and Architectural Review and Design Review approval is to review proposed projects to detennine compliance with the provisions of these regulations and the VilIa¡(e Desil1n Plan and to promote orderly and harmonious development with good design character. Design review may be concurrent with site plan review at4fte applieant's Äsk. 2nd paragraph B. AfJJ3lieatieR Site Plan and Architectural Review Procedures ~ ŸHs site plan and architectural review approval process j.s aJ3J3lieaale 19 pfsjeets \·AthiB P~(l, R!I2, aøå C àisæets. 18 aàåitisA, all attaekeei Fesiàeatial aT 811). eemmBreial prejeets shall ree¡1iife EiesigB re~:iew 83preyal. for sinczle family detached units on lots of or exceedin~ an averalfe si:r.e on 000 square feet includinl1 all proposals in the SF3 and SF4 :r.one desi¡nations which have tentative subdivision map approval. shall be a staff level review associated with the buildinl1 pennit process. All proposals shall be consistent with the Planned Communi~ District ReiUlations. Villal1e Desien Plan and the Chula Vista Desil'n Manual All staff decisions may be !l¡:!Pealed to the Zonin!;! Administrator and all Zonin~ Administrator decisions may be appealed to the Desi!;!n Review Committee. :; rEi 3l1f11gf!11!ft £,eeial eSB5iåemtisB is gi·:eB t8 areas v;i1hiß Hie "ilIage eeres. These areas sftaI.I re£tY:Û1! Ii pFeeise plan; refer t8 SeetisB IlLS C. Design Review Procedure The Desi¡n Review Approval Process procedures sliall ae as 53eeitieEi described in Section 19.14.~5.R2 through Section 19.14.~QQ.Q (inclusive) of the CVMC is ap.plicable to all proposals within RM1 RM2 and C zone desi'l"ations. D Precise Plan Special consideration is lriven to areas within the villaie core!'; Approval of a precise plan will be reqµired as described in Section 19 14 570 throu¡¡h Section 19 14580 (inclusive) of the CVMC Section III 5 of SPA One also discusses this reqpirement VIII.4. Scenic Corridor Criteria Add - ~ - 4. Walls 45.. Signs ~. Utilities III-79 last paragraph, 2nd sentence - In the event eft cl conflicting standards ... 6 14_-'7 5; , Sectional Planning Area One Plan Errata (October 27,1995 Version) Page Revision \gª;~:Ii¥~:'j'::!'f~Øt::~#i1@ij'i~;~~1ªffiips.;:+:y:'+'<,t: ·::;~::X::';:;;7:::':~;~::':;::::::::;:~:!:~L;~::::;:<:~/ III-IS Table 1lI-3, 17th line - Distance Between detached Units, under RMI Spl Detached allev nroduct shall maintain an R foot minimum ~nd ] 2 foot ii&verage <ride vard setback for zero I()t line nroducts. III-20' Table, 3rd line - RMt1 The floor area ratio for allev p1'oduct to be 9.-etennined durinI!' Site Plan Review. III - 23 2nd paragraph - In the RM Districts, including the conversion of apartments to condominiums where permitted, the following pe¡{el1Reæ.ee standards shall be met: Add new text - vii. Desi~ standards shall he requil'f".d which specífv limitations on p~tio ~tnlr.tnrp,~ room additions And other modifications to the proiect H\Otay\SP A I \Errata2.doc 4/24/96 /4'- ~ 53 . Village Design Plan Errata (November 9,1995 Version) Page Revision Part One Village Design Plan Framework Universal Edit - THe atay RaueH L.P. Villa!¡'e Development 1-4 4th paragraph, 2nd sentence - Parts Two and Three of this document, which contain the Village Design Plans for Villages One and Five, is ill ... 1-7 3rd paragraph, second sentence - 8iRgle family àetaeReå resiåeRtial areas with IGts 3,000 sL1. ft. Sf larger in any røsideatiaI àistriet may blse tRe teRtative tract Hlap witH typical BHilåiRg eleyatieRs and typiealln;ildiRç locations OR lets as a sHestitute fer ele·¡atieRs and sitiRg ef all È!llildiR;s. [-15 2nd paragraph, I st sentence - Each village is planned to facilitate alternatem HletHods modes of transportation. [-19 1st paragraph, 3rd sentence - Where feasible, the park:¡ should be ... 1-20 2nd paragraph - ...shall be a minimum of25 acres. and offer... 1-21 I st paragraph, 5th sentence - IR additieR te tHis deyelej3ffielj( framev,ork, tIhis chapter a.l:¡Q identifies an ... 1-22 I st paragraph, I st sentence - The Otay Ranch Overall Design Plan ffif atay Rane!~ ... I st paragraph, 2nd sentence - It serves as a desigR eeHteJ¡t fer the ffiore detailed Village DesigR PlaRS I st paragraph, 3rd sentence - The excerpts from the Overall Design Plan provided below also help 1Q establish the design approach/philosophy willeH is to be implemented at the village level through this Village Design Plan:¡. [-24 Make graphics larger to improve legibility. 1-25 I st bullet - Where grading for roads or development occurs in aay-ef the defined scenic corridors, contours should be carefully modulated and softened. Ie blendin¡ with ... 1-26 I st paragraph, 2nd sentence - correct punctuation. 1-27 I st paragraph, last sentence - correct punctuation. 2nd paragraph, 2nd sentence - In addition to its thcir mobility function ... 2nd paragraph, 3rd paragraph - The following descriptions of village streets. along with the plan and section drawings. identify ... 1-28 4th paragraph, 2nd sentence - Village Core streets are èe urban ... 1-29 I st paragraph - The key elements of a Village Core s5-treet are: 3rd paragraph, 1st sentence - The Village Main StreetIPlaza Street streetscape creates an urban atmosphere ~ support:¡ an ... 1-30 1st paragraph, 3rd sentence - ...patterns with a larger walkway wtt!Hì ¡md H:\Otay\Design\ VDP\Errata.doc 4/2/96 14-)..... 71 /C Page Revision a double row of trees... 1-34 1 st paragraph, 2nd sentence - This chapter addresses guidelines for this type of development, while identifying supporting policies ... 1st paragraph, 3rd sentence - ...these guidelines are iateaàeà tÐ direct the context ... 3rd paragraph, 1st sentence - A "walkable" environment is HTe key ~ to the concept. 3rd paragraph, 2nd sentence - Pedestrian oriented development seeb to brings many... [-41 I st bullet, 2nd sentence - ...public buildings (i&.. SlieR as a town hall, community building, recreation facility, post office or library). 1-44 3rd paragraph - Commercial building heights in the Village Core JD.Jlli be compatible with the heights of adjacent uses. 1-45 1st paragraph, 1st sentence - A mix of housing densities, ownership patterns, price:; and building type:; ... 1-46 continued paragraph from previous page - Setbacks reduced to zero may be appropriate for special desil;!ns stron21y oriented to the street subject to Fire Marshal approval, fer sl3eeial åesigRs streRg eriøF1tøà to tHe street. 1-47 1st paragraph continued from 1-46 - A setback from the front building facade of2 1/2 feet or ireater is encouraged for a front garage. 3rd paragraph - "Hollywood" style driveways with a landscaped median are stronilv encouraged ... 1-49 2nd paragraph, 1st sentence - Parks should be developed throughout the village to meet the City of Chula Vista Park I,and Dedication Ordinance. as well as specific population needs. 2nd paragraph, 2nd sentence - Five to ten acre neÌl¡hborhood parks .. 3 rd paragraph, last sentence - Clear pedestrian access should be provided from the greefl square or plaza ... 4th paragraph, 2nd sentence - Buildings should not randomly ge chan~e from ... I-50 Park and Plaza/Square Design 2nd paragraph, 1st sentence - Various types of parks and f!IB>!Bs squares can be designed fer a village to establish !HI nei~hhorhood identity or character fer a Heigàèeffieeà. 3rd paragraph - A generous amount of sunlight into the greefl square or plaza is essential fer f!eef!le Ie waHt to encoura~e the use and enjoyIllW of the facilit'. Park and Plaza/Square Landscaping 5th paragraph, I st sentence - Park and plazalsQJ.lare landscaping should provide trees and plants that maIæ ~ ... 6th paragraph 1st sentence - Because parks and plazas/squares are ... I-51 4th paragraph, I st sentence - School sites and larger neighborhood parks (over 12 acres), BeeatiSe efthe sii!e anà impaet, should generally be H:\Otay\Design\ VDP\Errata.doc 4/2196 2 -;;7/ ) ~- 7~..______..__..____ Page Revision located near the edge of the Village Core or within the Secondary Area because of their size and impact. 5th paragraph, add new sentence to the end of the paragraph - Pedestrian and bike routes should connect the two alonl: the shortest possible route. I-52 4th paragraph, 2nd sentence - ~ Qn wider, busier streets, the feeling of safety for pedestrians can be enhanced by tfle planting ef trees along the curb line. 4th paragraph, 4th sentence - +fie Automobile parking sf ears along the curb can help te create a safer pedestrian feeling. 4th paragraph, 6th sentence - Narrower streets also reduce energy use an.d materials for construction, reåüse materials and reduce reflected summer heat. I-53 2nd paragraph, 3rd sentence - A series ofp£romenade sStreets ... 3rd paragraph, 1st sentence - Promenade s~treets should form... 3rd paragraph, 2nd sentence - On street parking should be provided. w:ffiIe à]2riveway cuts should be minimized ... I-58 I st paragraph, 3rd paragraph - Primary pedestrian routes and bikewa;;s ~ should be bordered... I-59 4th paragraph, 1st sentence - A coordinated system of bikeways ~ ... 1-62 1st bullet, 3rd sentence - Rather. community-serving ... 1-65 2nd paragraph, 1st sentence - Parking lots should be landscaped with trees to break-up the mass oflarger lots and J3fsYiàe shade the lot... 1-67 2nd paragraph, 1st sentence - ..."Design Manual" which addresses these issues iR a mar.ner !IIld...i.s applicable to new development ... 1-72 I st paragraph, 5th sentence - Signage is also more iRyslyeel elaborate because ... 2nd paragraph, I st sentence - Where access is controlled, such as a gateE!- guarded.. . 1-73 2nd paragraph 1st sentence - Beyond providing the number ofparkin~ spaces required,... 1-80 I st paragraph, I st sentence - ...development project or parcel. while the more typical... 1-82 I st paragraph, I st sentence - A 5~pecial intersection design considerations... 1st paragraph, 3rd sentence - All intersections. of Promenade Streets (core and residential) with Village Entry and Core Streets. shall... 1-84 1st paragraph, 2nd sentence - Typically, non-automobile routes parallel automobile oriented streets wffieft leadin¡ trom the garage to destinations wftieft ¡¡n¡i providein¡ parking lots for automobiles. 2nd paragraph, 2nd sentence - add punctuation. 2nd paragraph, 3rd sentence - ... bicycle and cart traffic through the end of the cul-de-sac ... 2nd paragraph, 4th sentence - The open cul-de-sac can provide direct H:\Otay\Design\ VDP\Errata.doc 4/2/96 3 J. 7.3 ¿'? Page Revision access to the ~£romenade s5.treet. 9f Paseo, te iIill!...open space, or merely ... 2nd paragraph, 5th sentence - ...both internally and as perceived from the outside through the "windows" pre':ie!eà created through ... 2nd paragraph, add to the end - Special desi~n5 shall be considered which permit access even in situations were sound wall conditions are present. 1-85 Add open cul-de-sac with off-set sound wall graphic 1-86 IR terFRS øfyehiøle 13arl:iag faeilities, earts san utilize al:1t0Fflseile parbn; spaces. Add 2nd sentence - Carts mav utilize automobile parkin¡¡ spaces. 1-87 Delete pilaster from graphic. 1st paragraph, 1st sentence - The interface between uses or "edges" are is extremely important in creating hannony in community design. 2nd paragraph, I st sentence - ... village development areas (see a!se Overall Design Plan). 2nd paragraph, 2nd sentence - These are primarily slope areas and canyons located between e!evelef!æeat ¡¡areels villag-es. 1-90 2nd paragraph, 1st sentence - Where down slope conditions to residential uses is ~ unavoidable ... 1-94 I st paragraph, 3rd sentence - correct punctuation at the end 3rd paragraph, 2nd sentence - Such projects shelilel ~ increased. ... 1-95 I st paragraph, 7th sentence - Stairwells should be integrated into the overall building design,. ~£rivate spaces such as patios or balconies are encouraged for each unit. 1\netaer c:tesiga 6sRsiàeratiea is tHe fleeå to ~ gGroup parking areas should be buffered from the street and adjacent properties. 1-102 I st paragraph, 2nd sentence - A specific sign program will be established at the Preeise PlaR level for the commercial areas within the Village Core at the Precise Plan level 1st paragraph, 3rd sentence - As with signs, a theme lighting program will be IRilizeel implemented in the commercial... 1-103 5th bullet - Compatible with the nature, character and design of the area in which they are located. aRe! whieh ars . aAppropriate to the type of activity they are identifying. 1-104 Delete first ".1" 1-107 2nd paragraph, 1 st sentence - ...are considered and reflected in the development plans. 4th paragraph, 1st sentence - ...designing and building safer communities ¡mQ. to create "livable communities." 1-108 Add punctuation to bullets. Last paragraph - Security guards or police provide organized strategies for surveillance and access control but are labor-intensive and can be cost prohibitive S¡(psRsivs. H:\Otay\Design\ VDP\EITata.doc 4/2/96 4 J'fa- ?f 73 Page Revision 1-113 2nd paragraph, last sentence ...including theaters, a library ... 3rd paragraph, 2nd sentence - ...physical proximity to the !l..S..LMexicQafl international border. 1-114 1st paragraph - The folIowing guidelines apply to siting and design Qf vilIage multi-use facilities: 1-116 Capitalize I st word on each bullet 1-117 Insert spacing between 2nd & 3rd bulIet I-I 18 2nd bulIet - Other sites fer sensieeftltieR are along major pedestrian ways such as paseos or trail head/staging areas entering open space or major parks should be considered. 1-120 1st paragraph - Tlùs chapter specificalIy addresse.s. VilIage Core design... 3rd paragraph, 1st sentence - Because of its importance, size and diversity of uses, coordinated and comprehensive planning for the VilIage Core as a wRale must occur. 3rd paragraph, 3rd sentence - In order to move forward with tH'the VilIage Design Plans ... 1-121 2nd paragraph, 2nd sentence It alse ee~i6ts ~'J3i6al Building cRaraeter. seale anti fJrsfJ8Fti0R, massiag anti materials thrs\:lgk eøaceprual elevatieRs. 2nd paragraph, last sentence - or a Master Precise Plan frem tRe persJ3eetin ef.fu¡: the m1in: Village Core as a wRele. 3rd paragraph - The íeeüs ef4e Village Core is-Ihe commercial core or mixed use area wmeR is the heart of the village. The GDP specifies that each VilIajie Desi¡¡n Plan will delineate the intended villalie form (i.e. main street. town square) ·..iIlage ?~11 effl1:11ate the føm=l øf either a "tev:a square" er FRB:Îfl skeet. 4th paragraph, 1st sentence - Both Main Street and Town Square villa¡¡e forms fer yillage seres ... 1-122 5th bullet - ...weather protection and a sense of enclosure... 1-124 1st bulIet - A.. Town Square pIaaIpark ranging in size from 1 to 3 acres, surrounded by streets. Plaæ The town square ~ area is welI defined .. 2nd bullet, add to end of sentence within ( ) -1QÙ.Q1 3rd bullet - ...speeds and volumes fronting commercial buildings on the square. 7th bulIet - ...weather protection and a sense of enclosure... 9th bullet - Landmark or taller building elements should be located at the comer sites, or used to identify focal points. 1-126 1st paragraph, last sentence - Accents in color, texture or pattern changes should be used to provide interest and f'reviàe scale. 1-130 1st paragraph, 3rd sentence - ...graphics and signs are coordinated wi<h eaCH etHer and contribute... 4th paragraph, 1st sentence - ...developed as part of the Master Precise H:\Otay\Design\ VDP\Err3ta.doc 4/2/96 5 ;?¿/ Jy..J- ~ Page Revision Plan slisæÜtal. 4th paragraph, 2nd sentence - ...compatible and part of the commercial district architectural style fsr tae es_ereial åistflEt. 4th paragraph, 3rd sentence - SigHS a5s8eiateà '.vitR tRe iàeHtifiEalÎoR of tThe community trail system and lIReillar)' vil1a~e pathway siw should be designed as part of the overall streetscape vseaslilary ¡lli¡n effur site furnishings, lighting standards and special hardscape materials. Part Two Village One Design Plan II-I 1st paragraph, 1st sentence - ..Otay Valley Parcel of the Otay Ranch GfW area-and roughly... 2nd paragraph, I st sentence - .. between the western Otay RaReR ¡¡rspen)' eè-ge Paseo Ranchero and the planned extension of La Media Road. 11-6 2nd paragraph, I st sentence - ..includes medium-high density residential units, anti elementary school site,... 3rd paragraph, 3rd sentence - The surrounding Secondary Area includes a range of sin~le familv RSlisiRg homes and parks. 1lI-7 I st paragraph, 2nd sentence - The theme is consistent with the ranchffig... 2nd paragraph, last sentence - ...Iocation, landscape and high visibility buildings to make a combined statement... 3rd paragraph, 2nd sentence - ...commercial and civic buildings at in the Village Core... 3rd paragraph, 3rd sentence - Q1W ~ore and secondary residential uses would complement the theme must be less strict in its e¡¡eelitisH intewretation... 1lI-8 5th bullet - Windows, entries and door should vary in size, shape and detail. 6th bullet - ...to provide second floor connections to other buildings Ðy throu¡¡h the use of bridges. 11-9 I st bullet, I st sentence - ...required in all buildings within an individual Core area or complex. I st bullet, 2nd sentence - These elements should be identified at the Master Precise Plan stage. I st bullet, 3rd sentence - ...neighbors but it should address... I st bullet, 4th sentence - ...more distinctive elements: 11-20 2nd sentence ...bring a sense of open space and tlieref-ere transition the character.. . 11-23 2nd paragraph - Note: Final Eucalyptus selection subject to Fire Marshall approval. 11-24 1st paragraph - A planting zone adjacent to and incorporating ... 11-26 I st sentence - add punctuation 11-27 2nd paragraph, 1st sentence - Stone markers, low walls and orderly landscape patterns provide identity... 11-37 I st paragraph, last sentence - iJrsaåleaf e-:ergreeH lIRe! e!eeie!lislis trees are H:\Otay\Design\ VDP\Emta.doc 4/2/96 6 11f~- ~ /,S- Page Revision ~ermitteå. Add approved tree list. 1I-38 The development of a non-vehicular circulation system is a key ingreàient component ÎÐ Qf the SPA One Plan. 1I-41 1 st paragraph, 5th sentence - This corridor is expected to be .till: most heavily used... 2nd bullet - 10' wide cart path with 5' wide sidewalk (south side) ~ ViJlaf!e Pathwav) II-42 2nd paragraph, 2nd sentence - ... will have integral color, a special texture and ¡¡ more intricate scoring pattern. II-43 1st sentence - ...on-street angles¡i parking and pedestrian... II-45 2nd sentence add to end (Condition A) 3rd sentence add to end (Condition Bt II -49 Missing symbol top right of page. 1st paragraph, 1st sentence - ...recreation facilities near resiEieAce homes in the eastern portion of the village. II-50 1 st paragraph, 4th sentence - ...unique character appropriate to the eommwlity nei~hborhood it serves. Delete COÞrD. B from graphic. II-54 1st paragraph, 4th sentence - ...monwnents, provide eft the first built images depicting the character of the ¥yillage. 2nd paragraph, 2nd sentence - Theme walls and fences are used at exposed rear and side years ~ as a visual barrier. II-56 Add to graphic Optional Plexiglas Panels Revise graphic to show pilaster off-sets variation. II-57 1st paragraph, 1st sentence - The village lighting Eiesign guiEieline concept is geareå te focuses on the quality of light along ... 1st paragraph, 4th sentence - ...be manufactured of high quality materia]~ which is ¡¡n: visually pleasing. 4th paragraph, 1st sentence - Ballfield and tennis court lighting is intended for field/court illumination fer ergiHlÍzeå sfleFts to faciJitate ni~ht time use of facilities. II-59 1st paragraph - East Orange Avenue is a 6 lane major road through Otay Ranch located alon~ the southern ed!¡!e ofViIlaie One. II-60 Ranch Theme Street (Paseo Ranchero, La Media) add punctuation to last line II-61 Add punctuation to end of 1st paragraph. ' , II-62 1st paragraph - Village Main Streets are sRlH"ssterizeå ey two lane roads adjacent to pedestrian oriented commercial development. Diageaal Aniled on-street parking ... II -65 1 st paragraph, 2nd sentence - Pedestrian scale, sidewalk oriented lightin¡ is encouraged~. The lighting saelllå Be similar to the Promenade Street lighting concept. H:\Otay\Design\ VDP\Errata.doc 4/2/96 7 ;?~ _.~.----_._--~---....---~._"--_.._----_._-- - "... -'--'---"--~ ._.._------~~-"------ 1'/.-77 Page Revision Il-67 I st paragraph, 3rd sentence - CeFtaia 3areels aa'le the There is an opportunity on certain parcels for multiple and/or mixed-use development. 2nd paragraph, 2nd sentence - Because of its importance to the overall àesigH character of the community ... II-68 1 st paragraph - no within the Village Core concept will be Iltilizeà established. 2nd paragraph, last two sentences - ,^.l! afsaiteeFllral 5tyle is alse eeaee13taaIizeà. fer tHe safe. The yillage stnleture la:AàseaJ3e! anà karåsea13e .f'alet:te Rw:e else heeH estaèlisheå., er:eatiag the eORie::! \';itRin v/RieÀ tRe 8üilåiRg ElesigFl eft eaea site ffil:lst Be fsœnllateè. II -69 1st paragraph, 1st sentence - ...Core Master Plan, and Main Street Concept Plan are depicted in the following exhibits. 1st paragraph, 2nd sentence - ...in response to changing market conditions, the need for aàal3laèilit)' flexibility with regard to the Concept Plan is reeogaizeà as essential. I st paragraph, last sentence - ...design and should ~ viewed as the only acceptable core design. 2nd paragraph, I st sentence - ...plans will be prepared to analyze tile detailed specifications ...Conceptual building elevations will be provided at the Master pfrecise pflan stage. II-76 3rd bullet - Reserve light rail transit ROWand a station site. 5th bullet - Utilize forrnallandscape and hardscape schemes in the design fef clthe Main Street commercial area. 2nd paragraph, add a period at the end of the paragraph. lI-n I st paragraph, 2nd sentence - The CPF -3 site is included in thei.s. commercial area. In applying these guidelines, it should ~ remembered that easA ef these parcels ... lI-78 Delete bullet after 3rd bullet" 6th bullet, 2nd sentence - The Park (P-I) should èe provide ... lI-79 5th bullet - ...should relate to the pedestrian scale. ..6ßè aArchitectural accent lighting is encouraged. 6th bullet - Illumination of walkway/trail connections should be provided è;'-throu¡¡h the use of ... II-80 2nd paragraph, 1st sentence - The èesigH district relates primarily to the Park (P-I) and the CPF-I site located at eeeft opposite ends. of the Main Street ... II-81 1st paragraph, 2nd sentence - A Master Precise Plan shall be prepared concurrent with the development of the first aeigåèemssà muJti-famiJy or commercial area ... I st paragraph, last sentence - If necessary, the individual precise plans will provide an even greater level of speeifie detail. II -82 3rd paragraph, 3rd sentence - Sigrúficant setbacks are provided to respect H:\Otay\Design\ VDP\Errata.doc 4/2196 8 Jyt-7g' ;?:?'., ._--~---...,_.._."-~._~-------- -~-'-.._-'-----_._----"-~-- Page Revision natural habitat and provide the aèility ta undulate~ graded slopes. Village One is designed to provide direct vehicular, transit, pedestrian and cart linkages to Village Five directly to the east. ¡\..ess te tHe Village five eere is simple amI EliFest frem all pertiells ef Village One, ·,'ia tRØ Village £At1")' Street v/hiGR eJeteaàs tae leRgt}::¡ øfVillage ORe and tm-eugh the Village fi'¡e Care. Villa¡¡e One is linked to Villa\1e Five via East Palomar Street and the VilIa\1e Pathway Views to the northeast and east are eapitalizeEl lipaa enhanced by providing tHe tm-oligh Elil Ele sac èesigll with passive viewing areas... 1I-83 Paragraph continued trom previous page, 1st sentence - The light rail transit line is sensitively integrated into the community through its placement ~in a the East Palomar Street median laeatiell. 3rd paragraph - Detailed SPA level planning at the SP.". level for the area west of Paseo Ranchero has been deferred. When such planning is completed, it will address the transition issue as well as aloRg witli slope preservation ... 1I-84 1st paragraph, 2nd sentence - Diagaaal An\1led parking is provided in tront of the stores, with the majority of parking located to the rear of buildings. 3rd paragraph - RigHt efway fer transit sHall èe reserved at the SP.". level a:nà irre·;øeaely øffen~à fer àeàieatisR at tHe Teatative Þ.1at' le';el. L.jgh! rail transit line ri~hts-of-way shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. 5th paragraph - Illi; Village One ~ contains the minimum number of village core units per the GDP. 6th paragraph - A transit trolley stop and/or station shall be reserved approximately located ia the village sere at the SPA level and ilTeveeasly ef[ered will be conditioned for dedication at the Tentative Map level. 7th paragraph - A tñmsit trollev ~ station is identified in the [eRR ef a median statiea leeatisl'! adjacent to the main street commercial ¡¡rs:.a. 9th paragraph - Specific services will be subject to future marketing studies at the time of~ village core implementation, however, sufficient commercial land and conununity purpose facility land exists to provide services to these ~ outside the village, core should this be desirable. !l-8S 4th paragraph - This habitat-ts hM be~ing studied IH!àef in the Phase 2 Resource Management Plan and will be ~ subject te Q[future SPA level studies for the area west of Pas eo Ranchero. 6th paragraph - The natural open space character is maintåined along Poggi Canyon consistent with the GDP and the concepts in the Overall Design Plan. 1I-86 I st paragraph - One hundred to 700 foot setbacks are provided along the scenic corridors to assure consistency with the GDP and Overall Raneh Design Plan. H:\Otay\Design\ VDP\Errata.doc 4/2196 9 )'1'- -rt ~. Page Revision 3rd paragraph - The visual analysis at key points along the Telegraph Canyon Road corridor is included in the SPA One Environmental Impact Report. 5th paragraph - ...consistent with the GDP and Overall Raach Design Plan. 7th paragraph - AH Transit aAlignment s5.tudy fer tRs transit is included en in the SPA Qm: J2laH Land Use Plan. 11-87 I st paragraph, I st sentence - This chapter provides detailed gloliàaacs ¡¡-uidelines for the development... 1st paragraph, 2nd sentence - Development is required to certain confonn 1Q...minimum... 1st paragraph, last sentence - For easR plar.niflg area, a A..design summary checklist alsRg witR aruLa site design graphic for each plannin¡; m¡¡ is provided in this chapter. 2nd paragraph, 2nd sentence - Compliance with the adopted standards provide:; a design foundation... 2nd paragraph, last sentence - The a9plieaele PC de'o'e!opmsRt staHàards are s1±R1ffiarizeà iR tHe fel1s\\'iag taàle. 11-88 I st paragraph, I st sentence - For purposed of design guidance, each parcel within the SPA One ... 2nd paragraph, 2nd sentence - The PC District Regulations and these ... 11-91 3 rd paragraph, I st sentence - Identifies development edge where a smooth transition should be achieved wI!efe in response to a change in use or ownership ÐSSUfS. 3rd paragraph, 2nd sentence - ...on both sides of edge, and/ofr placement... 11-94 3rd paragraph - Identifies connection points for pedestrian and/or bicycle paths to community or regional f**hs trail.:;. 11-95 Add symbol for "Town Center" Part Three ViIJage Five Design Plan '.... III-I 1st paragraph - The SPA One project area is located within the Otay Valley Parcel of the Otay Ranch GDP area... 2nd paragraph, 2nd sentence - delete hyphen between light rail 4th paragraph, 1st sentence - Limited scenic views extend to Village Five from aIeftg Telegraph Canyon Road ... III-2 2nd paragraph, 4th sentence - ...and the Telegraph Canyon SPA Estates and EastLake Greens proiects. Two reservoir sites. SIR parsels owned by ... 3rd paragraph, I st sentence - Preserve speR space areas witkiR tRe Village Fi·:e "..in S1::lIT81ißel fesiàeatial The pre~ervation of open space alon~ Villa~e Five's ed¡¡-es directs neighborhoods, public improvements and amenities, ereatiRg ÎI119-.a well defined community. III-7 I st paragraph, 2nd sentence - This theme is consistent with the ranchffig H:\Otay\Design\ VDP\Errata.doc 4/2/96 10 )IJ~ i'o 71 Page Revision and agrarian images described in the Overall Design Plan. 2nd paragraph, last sentence - ...high visibility buildings to make a combined statement greater than the individual elements. 3rd paragraph, 2nd sentence - ...intensive uses, commercial and civic buildings at in the Village Core,... 111·8 Top of page - ...complement the theme but be less strict in H5 e:;enltieR interpretation... Last bullet - Windows, entries and doors should vary in size, shape and detail. III-9 1 st bullet - ...to provide second floor connections to other buildings by throulh the use of bridges. 2nd bullet, 1st sentence - Certain standardized architectural elements should be required in all buildings within an individual Core area or complex. These elements should be identified at the Master 3frecise ~flan stage. 2nd bullet, 4th sentence - ...share one or more distinctive elements:... III-2D 1 st paragraph, 2nd sentence - ...sense of open space and therefere transition the character and setting ... III-22 2nd paragraph - Note: Final Eucalyptus selection subject to Fire Marshall approval. 111-23 I st paragraph - A planting zone adjacent to ang incorporating ... III-26 I st sentence - add punctuation III-27 2nd paragraph, 1st sentence - Stone markers, low walls and orderly landscape patterns provide identity... III·34 This entry is both the Village Entry and a Ranch comer markelr ffiIe4e their pre¡¡jmity. A stone monument and the extension of the street tree onto this road denotes the point of entrance as will the e¡¡teasieR ef tRe street three sf tàe eat!")' read y.'ith is a SessBàa.ry Efltry Street. III-38 1st paragraph, 4th sentence - This street is lineg with tall palms ... 111-39 1st paragraph, 4th sentence - To provide a pedestrian scale and help Rlillify neutralize the presence ... Add Accent tree choices III -41 I st paragraph, last sentence - Bfsaàleaf e':ergreeR aRà àeeià¡¡elis e-ees are peImittecl Add approved street tree list. 111-42 The development of a non-vehicular circulation system is a key iagreàieftt component æ Qf the SPA One Plan. , 111-45 1 st paragraph, 5th sentence - This corridor is expected to be till: most heavily used ... 2nd bullet - 10' wide cart path with 5' wide sidewalk (south side) ~ Villa¡¡e Pathwav) III-46 2nd paragraph, 2nd sentence - ...will have integral color, a special texture and ª more intricate scoring pattern. H:\Otay\Design\ VDP\Errata.doc 4/2/96 II czc -, _.._--,-~.._--,_..... J~__ 9/ Page Revision III -4 7 1 st paragraph, 1 st sentence - Village Plaza Streets tEl promote the urban village theme with on-street åiagsRal anvled parking... I st paragraph, 3rd sentence - The Village Plaza Street focuses Q11 the urban ... I st paragraph, 4th sentence - Broad pedestrian walks are located adjacent to diagsee! aniled on-street parking. 1II -4 8 1st paragraph, 3rd sentence - The Core Promenade contains a 6' hardscape parkway. Ewith tree well... III -4 9 2nd sentence add to end (Condition A) 3rd sentence add to end (Condition ß). III - 54 1st paragraph, 2nd sentence - This park site has a link to the "illage to\\n square ... 2nd paragraph - ...will have access to the outdoor turf areas... Add - Location: North of East Palomar Street adiacent to the Villa~e Five School Site. 1II-56 1st paragraph, 2nd sentence - ...commercial functions at the edges ~ ¡mk. Delete §....G on graphic. 1II-57 Delete "COND. B" on graphic. III-61 1 st paragraph, 3rd sentence - Perimeter walls, along with entry monuments, provide eR the first built image... III-64 I st paragraph, 1 st sentence - The village lighting dssigR guiåeliRe concept is geared ts focuses on the quality of light along ... 1st paragraph, 4th sentence - ...be manufactured of high quality material~ which is m visually pleasing. 4th paragraph, 1 st sentence - Ballfield and tennis court lighting is intended for field/court illumination for sfgœHzsd Sf!srts to facilitate ni¡¡ht time use of facilities. III -66 1st paragraph - East Orange Avenue is a 6 lane major road tàrS\lgR Otay RaileR located alon¡¡r the southern edie ofVilla¡¡e Five. III -67 Ranch Theme Street (paseo Ranchero, La Media) III-68 Add punctuation to the end of the paragraph. III-69 1st paragraph, 2nd sentence - DiagsRal An~led on-street parking... III-72 1 st paragraph, 2nd sentence - Pedestrian scale, sidewalk oriented light~ is encouraged,. The liglitiRg SRs\llå !:ie similar to the Promenade Street lighting concept. III-74 1 st paragraph, 3rd sentence - CertaiR f!areels Rw:e tàe There is an opportunity on certain parcels for multiple and/or mixed-use development. 2nd paragraph, 2nd sentence - Because of its importance to the overall àesigB character of the community ... 4th bullet - Implement a "Town Square"~ concept for the commercial core. H:\Otay\Design\ VDP\Errata.doc 4/2/96 12 I I~._ 9'A.. q; -~---_.".-._,_..,.....+._.,.- Page Revision 6th bullet - ...pedestrian oriented urban design concept anà v..hish is consistent with the community character. IIl-75 1st paragraph - ...Village Core concept will be IItilizeà established 2nd paragraph, last two sentences - .^.n arehitecmral style is alsB eOF1eeprnalizeå fer the eere afea, as ilh:lsHateà ia the Csaeef'tèlal BB.ilàiR: EleyatisRs. The -:¡lIege st:r1ieœe lanåseaJ3e (UHf hardseape paløt:t2s fia':2 also seeR estaBlished, ereatiBg the eeRte!~t y;ithia '¡;flieR tae 8l:1ilàiFlg design. eft eaea site fFl\:lst se femudateå. 4th paragraph - ...Core Master Plan, and "Town Square" Concept Plan... IIl-76 top of page - ...in response to changing market conditions, the need for aàa13taBility flexibility with regard to the Concept Plan... I st paragraph, I st sentence - ...plans will be prepared to analyze ¡fte detailed specifications... I st paragraph, 2nd sentence - Conceptual building elevations will be provided at the Master p£recise p£lan stage. III -81 2nd bullet - Preserve light rail transit ROWand a station site. III-82 1st paragraph, 5th sentence - ...or angled parking are I&-èe accommodated in the frontage street. I st paragraph, 6th sentence - The character of these streets is I&-èe defined by the subordinated vehicle activity ... III-83 1st paragraph - In general, the exterior elevations... III -87 3rd bullet, 2nd sentence - ...these sites will be somewhat less fonnallllim the town square commercial Qfea. The ekaraeter sf ¡Btenef areas ma:," èe less fe_a! eeRsisteRt with 1Q provid~ffig a relaxing living environment. III-88 1st paragraph, 2nd sentence - ...with the development of first ReigRBsr£ssà multi-familv or commercial area within the Village Core... 1st paragraph, last sentence - ...will provide an even greater level of s13eei1ie detail. III-89 last paragraph, 6th sentence - The transit line traverses the village ifH¡ strest æeàiaR Iseatiea within the East Palomar Street median. III-91 I st paragraph - delete - The faHsY/lag pelieies shall glliàe the àssigR ef f'arl~s anå speR sfJaees ¡Ii 'Tillage Ph'e. last paragraph - p.,ïgàt ef WIij' fer a Liiht rail transit line ri~hts-of-way shall be reseF\<eà !\pproximately located at the SPA level and iFi"evseaBly sffcrsà will be conditioned for dedication at the Tentative Map level. III-92 2nd paragraph - A ifaHsit trolley stop and/or station shall be ressF\'eà ~proximately located at the SPA level and iFfeveeaBly effereå will be conditioned for dedication at the Tentative Map level. III-93 1st paragraph, 1st sentence - This chapter provides detailed gaiàanee ~uidelines for ... 1st paragraph, 2nd sentence - Development is required to eertaia confonn 1Q minimum property ... 2nd paragraph, 2nd sentence -...by these design guidelines HI and future H:\Otay\Dc:sign\ VDP\Errata.doc 412196 13 J~J-<¡.3 c6,:( Page Revision precise plans... 3rd paragraph, 1st sentence - For purposes of design guidance, each parcel within the SPA One... 4th paragraph, 1st sentence - ...along with the PC District Regulations... III-94 last sentence - ...with the approved PC District Regulations and this Villa~e Design Plan. III -97 3rd paragraph, 1st sentence . Identifies development edge where a smooth transition should be achieved wI!efe in response to a change in use or ownership eeelil's. 3rd paragraph, 2nd sentence - man both sides of edge, andlofr placement... III-IOO 3rd paragraph - Identifies connection points for pedestrian and/or bicycle paths to community or regional paths ~ H:\Otay\Design\ VDP\Errata.doc 4/2196 14 )l.J-~'f q;. .... J Village Design Plan Errata (November 9,1995 Version) 11-81 Revision ·,·YinageQnenesign.Plan·'.··'...'...,···,·,·'······,······.'. ,. Circulaûon -Non-Vehicular - add potenûal bus stops along E. Palomar Street. Third bullet - Urban Character/Architecture - Idenûficaûon of architectural style and key urban elements includin¡ the transit station desi ill. Page Part Two 11-39 Part Three III -4 3 III-88 Circulaûon -Non-Vehicular· add potenûal bus stops along E. Palomar Street. . Third bullet - Urban Character/Architecture - Idenûficaûon of architectural style and key urban elements including- the transit station desiill· H:\Otay\Design\ VDPIErrata2.doc 4/23/96 l\fj-~ Cv/^:k: +- } ORDINANCE NO. ~(ç.?1./. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (pCM 95-0lB) WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"), and; WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for the Eastern Territories, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch SPA One to exist in harmony within the community ("Project"), and; WHEREAS, these Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan, and; WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Paseo Ranchero. The SPA One Plan project area is comprised of approximately 1,061.2 acres of land located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125. The area west of Paseo Rancho has been excluded from the SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west of Paseo Ranchero, needs further analysis, and; WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master- planned as a unit, and; WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista on May 14, 1996, to allow SPA One to be processed without the area west of Paseo Ranchero, and; WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and amended on May 14, 1996, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, } I.( '-1-1 Ordinance No. Page 2 and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 10, pcm9501b.doc Jl/fþ-I... .:¿ Ordinance No. Page 3 1996, April 24, 1996 and May 1, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the ordinance adopting the Planned Community District Regulations for the Otay Ranch SPA One Plan finding that they are consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City Df Chula Vista. VI. This ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by Gerald Jamriska, Special Planing Projects Manager If "" I / , ,-,V,"-_ I ~ \..(l'l~r"'- Bruce M. Boogaard, City Attorney A:\cc"_ ord\pCln9SOIB.doc pcm9501b.doc ,,_M: l-_~__ ,..,.,.,.,_ .- ,. RESOLUTION NO. 18286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) AND ADDENDUM FOR THE OTA Y RANCH SECTION PLANNING AREA (SPA) ONE PLAN AND APPROVING AND IMPOSING CONDITIONS ON THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN (PCM 95-01), WHICH INCLUDES THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCING PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON- RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL RECONNAISSANCE REPORT WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by the Otay Ranch L.P. ("Applicant"); and WHEREAS, the SPA One Plan also includes the following documents: Overall Desi9n Plan, Village Design Plan, Public Facilities Financing Plan and Supporting Documents, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan and Supporting Plans, Non-Renewable Energy Conservation Plan, Ranch- Wide Affordable Housing Plan, Spa One Affordable Housing Plan and the Geotechnical Reconnaissance Report ( all documents referred to herein as "Project"); and WHEREAS, the SPA One Plan project area includes all of Village Five and the portion of Village One east of Paseo Ranchero and is comprised of approximately 1,061.2 acres of land located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 ("Project Site"). The area west of Paseo Rancho has been excluded from this SPA One Plan due to the difficulty in master-planning a village with a major roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west of Paseo Ranchero, needs further analysis; and WHEREAS, a GDP amendment was required to process this SPA without the area west of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-planned as a unit; and WHEREAS, a GDP amendment was approved by the City Council of the City of Chula Vista on May 14, 1996, to allow the SPA to be processed without the area west of Paseo Ranchero; and WHEREAS, the SPA refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP adopted by the Chula Vista City Council on October 28. 1993, and amended on May 14, 1996; and I~ 'i - I f" / " Resolution 18286 Page 2 WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996 and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed; and WHEREAS, a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and WHEREAS, the Second-tier EIR 95-01, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995; and WHEREAS, the City Council of Chula Vista certified EIR 95-01 as adequate in compliance with CEQA at a duly noticed public hearing on May 14, 1996 and recertified said EIR on May 21, 1996 to assure compliance with Public Resources Code Section 21 092.5(a). The City now desires to once again recertify this document as adequate in compliance with CEQA; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts this resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project; and WHEREAS, the City Council of Chula Vista held a workshop on April 30, 1996 and a duly noticed public hearing on May 14, 1996 regarding the Project. The public hearing was continued to May 28, 1996 and June 4, 1996; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: /4t~I-~ Resolution 18286 Page 3 I. RECORD OF PROCEEDINGS The proceedings and all evidence introduced before the Planning Commission and City Council at their public hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 1 0, 1996, April 24, 1996, May 1, 1996, May 14, 1996, May 28, 1996 and June 4, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, including documents specified in Public Resources Code Section 21167.6 subdivision(sL shall comprise the entire record of the proceedings for any California Environmental Ouality Act (CEOA) claims. The comments, oral and written submitted, as made either by EastLake or their attorneys, Luce, Forward, Hamilton & Scripps, that relate to CEOA's procedural and substantive compliance were withdrawn by EastLake and their attorneys and are not a part of this record of proceedings. II. FEIR 95-01 REVIEWED AND CONSIDERED The City Council of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendum and the environmental impacts therein identified for this Project. III. CERTIFICATION OF COMPLIANCE WITH CEOA The City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEOA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the FEIR 95-01 and Addendum reflects the independent judgment of the City of Chula Vista City Council. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to paragraph VI of this Resolution and the conditions, set forth in Exhibit "D", attached hereto. VI. PHASE TWO RESOURCE MANAGEMENT PLAN APPROVAL The City Council does hereby approve the Phase Two Resource Management Plan subject to the following conditions: said Plan shall apply to the processing and conveyance of preserve lands associated only with SPA One; no other village or SPA shall be approved until the Phase Two Resource Management Plan is reevaluated and amended by the City of Chula Vista; the property owner of SPA One and/or Applicant shall enter into an agreement 1t!;5- --~ .', ') Resolution 18286 Page 4 with the City, prior to the first tentative map approval for the SPA, to implement the terms of said Plan. VII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEOUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan and Public Facilities Financing Plan contain prOVISions and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan specifies the public facilities required by Otay Ranch, and also the regional facilities needed to serve it. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL OUALlTY. The land uses within Otay Ranch are designed with a grade-separated open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One, four neighborhood parks will be located within the SPA One area to serve the project residents, and the project will provide a wide range of housing types for all economic levels. A comprehensive street network serves the project and provides for access to off·site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. VIII. CEOA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and everyone of the findings contained in the Findings of Fact, Attachment "A" known as document number C096-056, which is on file in the office of the City Clerk. JI/,.j ,~ ,¡ Resolution 18286 Page 5 B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project for this project, which is Attachment "A" to this Resolution known as document number C096-056, which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEOA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and binds itself and the Applicant and its successors in interest, to implement those measures. C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number C096-056, which is on file in the office of the City Clerk, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible. D. Infeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution known as document number C096-056, which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEOA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 and Addendum were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "B" of this Resolution known as document number C096-057, which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties and the successors in interest implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program. F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEOA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Attachment "C", known as document number C096-058, a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. /Æ- S' , , Resolution 18286 Page 6 IX. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. X. ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full. XI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and/or Applicants shall execute this document by signing the lines provided, said execution indicating that the property owner and/or Applicant have each read, understand and agree to the conditions contained herein. This does not provide the property owner and/or Applicant with any "vesting" of entitlements to this Project or any of the corresponding documents approved herein, that is not otherwise provided by state and federal law. Presented by Approved as to form by Gerald Jamriska, Manager Special Planning Projects Bru~~Bo~ ~ City Attorney Dated: Signature of Property Owner/Applicant Dated: Signature of Property Owner/Applicant I ¢..i -~ . ~" Resolution 18286 Page 7 Exhibit A CONDITIONS OF APPROVAL FOR OTAY RANCH SPA ONE GENERAL PROVISIONS 1 . All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 3. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the fI.Eroject. 4. The Applicant acknowledges that the purpose of planned community zoning is to provide for the orderly development of land under unified ownership or control. Applicant represents to the City, that as of the date of this approval, SPA One is held under unified control by the Applicant. Applicant agrees that if any portion of land within SPA One changes ownership in a manner that the City determines in its sole discretion to represent a risk that the SPA One Plan will not be implemented as approved, the City Council may take action such as, including but not limited to, requiring an amendment to Village Five of the SPA One Plan and any of the accompanying documents, denying subsequent development approvals and stopping the issuance of building permits within Village Five of SPA One. ENVIRONMENTAL 5. The Applicant shall implement all mitigation measures identified in EIR 95-01, the Candidate CEOA Findings for this fI.Eroject (Exhibit *J and the Mitigation Monitoring and Reporting Program (Exhibit *). 6. The Applicant shall comply with all requirements of the Phase 2 Resource Management Plan (RMP) as approved by City Council on * *1* *1* *. I~L.B.-l Resolution 18286 Page 8 a. The Applicant shall enter into an agreement with the City, prior to the approval of the first Tentative Map for this ßrejeet, to implement the provision of the Phase 2 Resource Management Plan. 7. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers DESIGN 8. The Applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future phase of Village One. STREET, RIGHT-OF-WAY AND IMPROVEMENTS 9. The Applicant shall enter into an agreement with the City, prior to approval of the first final map, to fund the cost of the transit stops. Said stops shall be designed in a manner consistent with the transit stop details as described in the Village Design Plan, as approved by the City's Transit Coordinator and Planning Director. 10. Residential street parkways shall be no less than six feet in width. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Directors of Parks and Recreation and Planning. 11. Street cross sections shall conform to those standards contained in the SPA One Plan. All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City from time to time, ("City Design Standards"). Any proposed variation from the City Design Standards which are not addressed in the SPA Plan shall be approved by the City and indicated on the appropriate tentative subdivision map. The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i.e., cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Jt/ß-? Resolution 18286 Page 9 COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF -S-cenlc ""'C"orridor Prime Arterial Pnme Artenal Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class II Collector Village Core Class I Collector Residential Promenade Class III Collector Core Promenade Residential Village Main Residential Village Plaza Residential Residential A and B Residential Alley Alley Standards 12. The Applicant shall provide a 60 foot wide pedestrian paseo between Neighborhoods R-8 and R-9. As a condition of approval on the appropriate tentative map, said paseo shall be required to be dedicated to the City at the final map stage. Street improvements will not be required to be installed, but may be required at some future date should it become apparent that vehicular access is needed. 13. As directed by the Director of Planning and the City Engineer, the Applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road. The timing of the construction of said bridge shall be determined by the City at the time of approval of the first tentative map and shall be a condition of the first Tentative Map. The Applicant shall be solely responsible for the construction of said bridge. 14. In addition to the pedestrian bridge described above, the Spa One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The Applicant shall agree to fund half of the cost of constructing the two pedestrian bridges and to identify the mechanism to be used to fund said cost at the time of approval of the first final map. Said items shall be included as conditions of approval of the first tentative map. 15. The Applicant shall provide a conceptual design of the traffic circles delineated on the SPA One Plan for review and approval by the City Engineer and Planning Director prior to approval of the first tentative map. /~ß - 9 -:.; '¡;'-, Resolution 18286 Page 10 16. In the event the Federal Government adopts ADA standards for street rights of way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced. 17. Vehicular access shall not be required to EastLake Parkway between the two Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided. A sixty foot easement for roadway and other public purposes to accommodate said access shall be dedicated with the approval of the appropriate final map. Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as not to preclude the option of future provision of vehicular access should it become necessary. GRADING AND DRAINAGE 18. The Applicant shall comply with all provIsions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. 19. The quantity of runoff from the development shall be reduced to an amount equal to or less than present 1 OO-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows. Said retention/detention facilities shall be provided by the Applicant. 20. The Applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and Five by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER CONSERVATION) 21. The Applicant shall provide water and reclaimed water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Montgomery-Watson dated June 1995 or as amended by the Applicant and approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map. 22. The Applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the Applicant and approved by the Director of Public Works. The SPA One Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One /If;j -10 Resolution 18286 Page 11 Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map. PARKS/OPEN SPACE/WilDLIFE PRESERVATION General 23. The SPA One project shall satisfy the requirements of the Park land Dedication Ordinance (PlDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. local parks are comprised of community parks, neighborhood parks and pedestrian' parks (to the extent that pedestrian parks receive partial park credit as defined below). A minimum of two thirds (2 acres/1 ,000 residents) of the local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees. 24. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City. 25. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista landscape Manual and related Parks and Recreation Department specifications and policies. 26. The Applicant shall coordinate consultant selection with the City. The consultant selected for all park design shall be acceptable to the City. 27. Parks located within gated communities shall not receive park credit. 28. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 29. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City fflf on said PAD fees minus the City's cost of processing and administering this reimbursement program. 30. Pedestrian Parks: Pedestrian parks less than five acres, as identified in the SPA One plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to City wide small park credit criteria which shall be approved by the City Council. /1~¡ - II Resolution 18286 Page 1 2 31 . Neighborhood Parks: The Applicant shall pay PAD fees based 'on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Parks and Recreation Director, no later than issuance of the building permit for the 500th dwelling unit. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the City in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Parks and Recreation Director. Prior to issuance of the building permit for the 11 50th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. At no time after issuance of building permits for the 500th dwelling unit shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1 ,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and approved by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The 1.7 acre Town Square in Village Five shall receive 100% neighborhood park credit if constructed consistent with the criteria contained in the General Development Plan and if improvements constructed within the Town Square receive the approval of the Director of Parks and Recreation. The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar Street on the SPA plan shall be relocated easterly within Neighborhood R-12. The Applicant shall receive reimbursement of PAD fees should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. 32. Community Parks: The Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1 ,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn-key facility is subject to the reimbursement mechanism set forth below. J'ÞB-/;t d I] Resolution 18286 Page 13 The first Otay Ranch Community Park. to satisfy SPA One demand. shall be located in Village 2 as identified in the GDP. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch Community Park prior to issuance of the building permit for the 1,1 50th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. Notwithstanding that the community park requirement (1 acre/1 ,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence cOnstruction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. The Community Park shall be ready for acceptance by the City for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. If the City determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The Applicant shall receive reimbursement of PAD fees, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. 33. Trails: The first final map shall not be approved until the SPA One Open Space Master Plan is approved by the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include, but are not limited to elements such as final recreational trail alignments and phasing. The Concept and Analysis Plan shall be developed during the tentative map review process. All trails shall connect to adjoining existing trails in neighboring development projects to the extent feasible, as feasible is determined by the Director of Parks and Recreation. 14;2-13 " Resolution 18286 Page '4 34. Community Gardens: Community gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. Water lines shall be stubbed from the nearest water main to the site(s) in order to facilitate development of the Community Gardens. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Home Owner's Association or other funding mechanism approved by the City. Community Gardens shall not receive park credit. 35. Open Space: The Applicant shall prepare a study to determine the feasibility of establishing a master open space district under the' 972 Lighting and Landscape Act for the Otay Valley Parcel of Otay Ranch. Said feasibility study shall be submitted to the Directors of Parks and Recreation and Public Works for their approval, prior to approval the first tentative map. If applicable, an Open Space District shall be formed prior to approval of the first final map. AGREEMENTS/FINANCIAL 36. The Applicant shall install Chula Vista Transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. The Applicant shall enter into an agreement with the City to fund these facilities. The requirement for said agreement will be made a condition of the first fiRaI tentative map. 37. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final map. regarding the provision of affordable housing. Said agreement shall be a condition of approval of the first Tentative Map. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable Housing Plan. 38. No final maps may be recorded within SPA One until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. 39. The Applicant shall 38rtiei9ate finaAeiall'( iA 3re3ertien to other àevelegers in pay. prior to apProval of the first final map. their fair share of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway 3rior to a33roval of tRe first final A1a9. 40. The Applicant shall prepare a design study to determine the feasibility of providing grade separated intersections for East Orange Avenue at Paseo Ranchero and 11/$- (If .,; Resolution 18286 Page 1 5 Telegraph Canyon Road at Otay Lakes Road. Said study shall be approved by the City Engineer prior to approval of any tentative map for SPA One. 41. The Applicant shall enter into an agreement with the City of Chula Vista" prior to approval of the first final map within SPA OneL to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) . 42. The Applicant shall be required to equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement...JlliQr to accroval of the first final mac. with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. 43. In order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall complete the following: 1) dedicate to the City the Light Rail Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the approved tentative map; 2) rough grade said LRT alignment; and 3) enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT. 44. A reserve fund program shall be established in accordance with the Otay Ranch General Development Plan which requires that a reserve funding program be established concurrent with the approval of the first SPA. The Applicant understands that the City and County are in the process of negotiating a Master Property Tax Agreement regarding portions of the Otay Ranch which may have an impact on the reserve funding program. Applicant !Jnderstands and agrees that further details of the reserve funding program shall therefore be established by the City in conjunction with final approval of the Property Tax Agreement. The Applicant shall fund the Reserve Fund as required by the Reserve Fund Program. SCHOOLS 45. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 46. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. If/Ii -IS- ~,,'" ' Resolution 18286 Page 1 6 47. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 48. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. a. NetwitAstaRelin( tAe fare(einfj, fer J¡,¡rJeses af Canelitians 9, 11,26,27 anel 11, tAe Jl'Irase "final ffiaJ" shall ineluele tAe final ffiaster ffi8J. MISCELLANEOUS 49. The Applicant may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof: If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to 8 dedicated public street. The Applicant shall post bonds to secure the installation of improvements in the amounts determined by the City Engineer prior to approval of a master final map., Said master final map shall not be considered the first final map as indicated in the conditions of approval unless said map conta,ins single or condominium multiple family lots shown on a tentative map. 50. The Applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan. 51. Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA Plan. 52. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. /~.;ß-/~ Resolution 18286 Page 17 53. The Applicant shall fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee and approved by the City Council prior to approval of the first final map within SPA One. Said requirement shall be made a condition of approval of the first tentative map. The Applicant shall receive 100% credit towards future PFDIF for funding this update. 54. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 55. The Applicant shall include maintenance of Telegraph Canyon channel east of Paseo Ladera in any open space district formed for SPA One on a fair share basis. This includes but is not limited to costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 56. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. PHASING 57. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 58. The Applicant acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single family residential homes within SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However the Applicant understands that it is the City's intent to require the Applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this objective, the Applicant shall prepare a project phasing update to determine which of the two villages the Applicant will concentrate development in. /'141.-/7 Resolution 18286 Page 1 8 The phasing study shall provide for the following: 1) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identify the village that will be the focus of accelerated development; 4) consideration of market conditions, product absorption and location of appropriate product to meet demand, 5) limitation of public services in the village which is not the focus of accelerated development and, 6) provision for affordable housing opportunities as identified in the approved Affordable Housing Plan. The study shall be undertaken prior to issuance of the 11 50th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,401 st building permit. As a condition of approval of the first tentative map, the Applicant shall enter into an agreement with the City in which the Applicant agrees to implement the results of said study as determined by the City Council. If the Applicant fails to implement the results of the study as directed by City Council, the City Council may take such actions as it deems necessary, including but not limited to withholding building permits 59. Phasing approved within the SPA Plan may be amended subject to approval by the Planning Director and the City Engineer. 60. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative mao with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility ohasina alan based uoon a set of assumotions concernina the location and rate of develooment within and outside of the oroiect area. Throuahout the build-out of SPA One. actual develooment mav differ from the assumotions contained in the PFFP (i.e.. the develooment of Eastlake IIIL Neither the PFFP nor any other SPA One document arant the aoolicant an entitlement to develoo as assumed in the PFFP. or limit the SPA One's facility imorovement reauirements to those identified in the PFFP. Comoliance with the City of Chula Vista threshold standards. based on actual develooment oatterns and uodated forecasts in reliance on chanaina entitlements and market conditions. shall aovern SPA One develooment oatterns and the facilitv imorovement reauirements to serve such develooment. In addition. the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Manaaement Proaram and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The SPA One PFFP. at Aoolicant's exoense subiect to a Reimbursement Aareement. shall be uodated not later than six (6) months after aooroval of a PFFP for the EastLake III GDP Area. and the conclusions of such uodate. includina without limitation. the nature. sizina. extent and timina for the construction of oublic facilities caused by SPA One. shall become a condition for all subseauent SPA One entitlements. includina tentative and final maos. CODE REQUIREMENTS 61. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 11./ ..¡ _Ig ",.. .....';.: j Resolution 18286 Page 19 62. Manual. The Applicant shall comply with all aspects of the City of Chula Vista Landscape 63. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090). and public facilities finance plan amendment procedures (19.09.100). 64. The Applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City of Chula Vista Resolution 1 7516 dated June 7, 1994. 65. The Applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if pump stations for sewer purposes are proposed. 66. The Applicant shall enter into an agreement with the City, prior to approval of each final map for any phase or unit, whereby: a. The Applicant agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached. (2) Traffic volumes, level of service, public utilities andlor services exceed the threshold standards in the then effective Growth Management Ordinance. b. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 67. Applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 1 O(a) permit applicable to the property. 68. The Applicant acknowledges its understanding that the City is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing provisions necessary to ensure compliance with adopted threshold standards. In order for the Otay Ranch SPA One Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with the pending amendments to the Growth Management Program and Ordinance in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within SPA One. / 4L-i-~ ,q h/1 /7 LAW OFFICES OF PAUL, HASTINGS. JANOPSKY & WALKER TWENTY-THIRD FLOOR ATLANTA OFI'"ICE GEORGIA-PACII"IC CENTER 133 PE;ACHTREE STI'U::ET, N.I!: ATLANTA, GEORGIA 30303-1840 TEI..E:PHONE (<404) sse-aaoo (:0....,...5"''- LEI!: G. ..A....I.. ROSERT Þ. HAST'NGS LEONARC S. -,ANC'-SKY CHAFlLES M. wAL.KER A ~A"'''-NI!:'''S''''''' 'NCLUelNG ÞIOI'"ESSIONAI,. CORPOAAT'ONS ORANGE COUNTY OFFICE 1595 TOWN CI!:NTER CRIVE COSTA MESA, CAI..IFORNIA 92625-1924 TEL.E:PI-IONE (714) 6e8-8200 555 SOUTH FLOWER STREET WEST LOS ANGEL£S OFFICE 1299 OC!:""N AVENUE: SANTA MONICA. CALI"'ORNIA 90401-1078 TEL.EPHONE 13101 31¡t-3300 TWX 910-321-40615 ,,' ¡ULJ¡ CONNECTICUT OF'I"ICE 10S5 WASHINGTON BOUL.EVARD ~TAMFORO> CÓNNECTICUT 08901-2217 ...-. -. -TEL.ËPrPN~ 1203) 9151-7400 , i N :Y-1 ( RI( OFFICE 211nnc:- 3 $1J;. "" AVENUE: ~OR N YOR"" I0022_e~7 T!:I..!: !-lONE (212) 3le·eooo L-.. (:«,'~;( iL Uf f i~ ~EN~~~: C::~,IJ \lrST ,'.¡_, ~S!-lINGTON. . D.C. OI'"I'"ICE NtA AVENUE:. N.W D,C, 2000.....20400 2021 508-asoo L.OS ANGEL.ES, CAL.IFORNIA 90071-2371 TEL.EF'HONE (213) 1563-15000 FACSIMIL.E (213) 627-070!S TOKYO O,....IC£ TORANOMON O!-lTORI BUII..DING .....3. TORANOMON I·C!-IOM£ MINATO·""U. TO""YO 10S TEI..E~!-IONE (03) 3507·0730 May 24, 1996 WRITER'S DIRECT DIAl.. NUMBER OUR I'"II..E NO (213) 683-6103 21784.61555 VIA FACSIMILE Honorable Shirley Horton Chula Vista City Council City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Re: 5/28/96 Agenda Otav Ranch SPA One Plan ADDrovals Dear Mayor Horton and Honorable Councilmembers: We are writing on behalf of West Coast Land Fund L.P. ('West Coast"), the holder and payee of a promissory note wmch evidences a loan (the "Loan") to Tiger Development Two ("Tiger") secured by a first priority Deed of Trust encumbering approximately 1,061 acres (the "Property") of Tiger's land located within the boundaries of Villages I, 2, 5, 6, 7 and 11 and Planning Area 12 of the OTAY Ranch General Development Plan/Sub-Regional Plan ("GDP/SRP") adopted by the City of Chula Vista ("City") and the County of San Diego ("County") in October, 1993. Tiger is an affiliate of The Baldwin Company and the lands surrounding the Property are for the most part owned by The Baldwin Company, Village Developmenf and their other affiliates (collectively, "Baldwin"). In previous correspondence and presentations to the City and County, we have explained that the Loan has been in default since September, 1995, and that West Coast's nonjudicial foreclosure sale of the Property, scheduled for February 8, 1996, was postponed at the last minute by the filing of an involuntary bankruptcy petition against Tiger by three of Baldwin's 14-~-~/ Mayor Shirley Horton May 24, 1996 Page 2 engineering and planning consultants, who had been working on the SPA One, plans and claimed ~t Tiger had not paid them for their work.Y The filin~ of this involuntary bankruptcy case triggered the automatic stay of SectIon 362 of the BankruPtcy Code and prevented West Coast's foreclosure sale from going forward.;' West Coast fully expected to participate in the proceedings on the SPA One plans as the owner of the Property and, to that end, had been engaged in a series of discussions with County and City staff regarding their concerns with those plans, as drafted, when the new bankruptcy was filed. Recently, West Coast has filed a motion in the involuntary bankruptcy case seeking relief from the automatic stay to proceed with its foreclosure sale. This motion should be heard by June 10, 1996. We have asked the City on several occasions to comply with the automatic stay and suspend it's ongoing planning efforts, which will significantly affect the value and status of the Property, until either the City obtains relief from the automatic stay or the Property is taken out of the bankruptcy estate. Although the Council previously authorized the City Attorney to seek relief from the automatic stay, we have been informed that the City will not be seeking such relief and will continue to process the SPA One plan. Given the imminent hearing on West Coast's motion for relief from stay, we would urge the Council to continue final action on the SPA One plan approvals until after the Bankruptcy Court acts on this motion and the foreclosure sale occurs.ª" If the City nevertheless decides to move forward, we wish to go on record with our extreme opposition to Baldwin's recent proposal to revise the Conveyance Plan for the Phase 2 Resource Management Plan ("Phase 2 RMP"). This proposal, contained in Village Development's letter handed to you at your May 14th meeting, seems purely designed to delay and forestall the conveyance 1./ The three creditors claim a total of $387,063.30: Hunsaker And Associates, San Diego, Inc. - $277,025.30; Burton Associates Landscape Architecture and Planning $70,065.00; and Dexter W. Wilson Engineering $39,973.00. :l../ We have previously submitted copies of the bankruptcy petition and notice of stay to Chula VISta city officials. ;1./ Actions taken by the City on or after February 8, 1996 (the date the involuntary petition was filed against Tiger) which affect Tiger's real property, without having first obtained relief from the automatic stay imposed by law on February 8, 1996, are void. not merely voidable. This is the law in the Ninth Circuit. ~ Hillis Motors. Inc. v. Hawaii Auto Dealers' Ass'n.. 997 F.2d 581 (9th Cir. 1993); In re Schwartz. 954 F.2d 569 (9th Cir. 1992); In re Shamblin. 890 F.2d 123 (9th Cir. 1989); In re Tavlor. 884 F.2d 478 (9th Cir. 1989). pl-d,-~ Mayor Shirley Horton May 24, 1996 Page 3 of designated open space lands currently owned by Baldwin to the Preserve Owner Manager ("PqM"). For many years, Baldwin has promised the City and County that approximately 11,000 acres of open space land will be conveyed as development occurs in the Otay Ranch area. Now, as Baldwin's continued ability to own and control the Otay Ranch erodes, it has made this current proposal to avoid the obligation to convey these designated open space lands, as promised, and instead impose a mere easement on designated open space lands restricting uses to those permitted by the RMP. Under Baldwin's proposal, conveyance would not occur upon the recordation of final maps. Instead, conveyance is proposed to occur, if at all, onlv after (1) final maps have been recorded, (2) the Habitat Maintenance District generates sufficient revenue to fund the POM's maintenance responsibility, and (3) the POM makes a demand for such conveyance. Only at that point in time, which could be many years in the future, at a time when Baldwin has no ownership interest in the land, would conveyance supposedly occur. Clearly, the City's ability to enforce such a condition is highly questionable. Since the imposition of an easement restriction would not afford the designated open space lands any greater protection than what currently exists under the City's PC zoning and the GDP/SRP, the apparent purpose behind this proposal appears to be simply an effort on Baldwin's part to avoid the financial res~onsibility for conveying these lands free and clear and instead, shift that responsibility to others, in the future, who mar not have any ownership interest in these lands. Members of the City Planmng Commission voiced these concerns.~ As staff will point out, this pro~sal directly conflicts with the Board of Supervisors' March 6th decision which called for conveyance to occur upon the recordation of each final map. In fact, the Board expressly rejected a proposal to establish a conservation easement in lieu of conveyance. One of the concerns the Board had was the hardship to those having interests in the open space lands and the uncertainty that would result if the promised conveyance was unnecessarily delayed. The enclosed copy of the letter to the Board of Supervisors, submitted by attorneys for the executors of the Estate of Mary Birch Patrick, speaks directlr to these issues. Currently, as this letter points out, substantial portions 0 the promised open space preserve areas are subject to liens and defaults and may not remain in Baldwin's ownership or control. As the J./ Baldwin has already announced that it will not be developing any of the phases in SPA One, but instead seeks to sell-off portions to merchant builders as soon as possible. /¥-cß. -A3 Mayor Shirley Horton May 24,1996 Page 4 City knows, there are other properties that Baldwin owns free and clear wroch could be easily conve.yed. These issues should be thoroughly considered now, before the adoption of the Phase 2 RMP and SPA One plans. Instead of adopting Baldwin's self-serving proposal, wroch has the possibility of undennining the overriding social and economic benefit that the City and County hope to receive from the establishment of the preserve, we suggest that the City should instead adopt the following condinons to make Baldwin face up to Its commitments and ensure that the City receives the full amount of Open Space Preserve that it has been promised: 1. If the applicant/subdivider files a master final map for any portion of SPA One wroch provides for the sale of super block lots corresponding to the units and phasing, then it shall be a condition of app'roval of such master final map that the open space lands identified in the Phase 2 Resource Management Plan for SPA One, 1,186 acres, be conveyed to the Preserve Owner Manager (POM) in fee title, free and clear of all encumbrances. 2. Said master final map shall also be subject to a condition that the applicant/subdivider shall execute a maintenance agreement with the POM to the satisfaction of the City stating that it is the legal and financial responsibility of the applicant/subdivider to maintain the conveyance parcel in Its current and natural state until an agreed upon point, at wroch time there will be sufficient revenue from the Habitat Maintenance Assessment District for the POM to maintain conveyance lands. These conditions: (1) confonn to the Board of Supervisors recent action on the Phase 2 RMP for SPA One; (2) confonn to Section 18.40.020 of the Chula Vista Municipal Code requiring all parcels of land intended or needed for public use to be dedicated or offered for dedication "before a final map or parcel map is approved;" and (3) ensure that the POM receives the most sensitive open space "up front," as promised, before the ownersrop of such areas becomes fragmented. The City should not be ''left in the lurch" by facilitating a situation where SPA One becomes divided amongst several owners, who have no control over the designated open space parcels, and thereby frustrate the implementation of the preserve. Requiring Baldwin to meet the conveyance obligations that it promised and created before it is allowed to reap the profits in selling "super blocks" is only fair. Such a requirement would also avoid a lengthy, piecemeal conveyance scenario that the Board and various other parties are concerned about. The City could still adopt an in-lieu fee program for future property owners wroch would assure a proper nexus and in lieu conveyance fee payments that acroeve the constitutional goal of rough proportionality. 1~-.:(-cJ/f Mayor Shirley Horton May 24,1996 Page 5 In addition to these conditions, West Coast urges the Council to adopt the following changes which would alleviate the disparate treatment being given to the Property, as discussed in our previous correspondence. Phasinl! - Mr. Kilkenny has explained that none of the Baldwin entities have any plans to develop any of the property in SPA One and that the phasing plan was designed to enable Baldwin to sell off portions of SPA One to merchant builders as soon as possible in order to generate various revenues. Consequently, West Coast urges the Council to follow the recommendation of the Planning Commission and restrict the develo~ment of SPA One to Village 1 before other areas are developed. Excluding streets and open space areas, the West Coast collateral comprises olÙY 10% of Village 1 but 40% of Village 5. Developing Village 1 first, as West Coast has urged, still allows Baldwin to sell off significant chunks of its ownership early in the process, advances the development of La Media, and allows West Coast's concerns with the Villa~e 5 land uses to be addressed later. We would further urge that any action taken by the City on Village 5 be limited to conceptual approval, pending resolution of the ownership issue. Multiple Ownershi..2 Conditions - West Coast also supports the City Attorney's requested condition to provide for potential chan~es in ownership. As drafted, the condition allows the City Council, without limitation, to require an amendment, deny subsequent approvals and stop issuing building pennits in Village 5. Baldwin has asked that these sanctions be limited exclusively to the village "core," i.e., West Coast's potential ownership. On the contrary, the City's re-evaluation that should occur if "unified ownership or control" fails should, in fairness, involve the entire SPA One acreage. Alternate Land Uses - In our April 10, 1996 letter, West Coast proposed an alternate land use configuration for Village 5 to address its concerns of disparate impact outlined in our March 27th letter. Thank you for your cooperation in this matter. , Very truly yours, ; ¡/lAGcL~~ A;& ·LJv~J'~· - ,,1 Mi~~el-S. Woodward(/ v-w'""'U\ for PAUL, HASTINGS, JANOFSKY & WALKER Enclosure cc: City Planning Commissioner Ed Dailey, Colony Advisors /¥-d.--.:{5 , ""O'E..'O""AI. COIltPOIiIIATION KA'SEA CENTE" 300 LAKESIDE O"IV£, .4TH "1.00" O.A.KI.4MD. c...Lll"ORJU'" e4018.QeI4 k3 DANIEL. N. 1,.Þ4""u 3 (1831"8.7) 0," COUNseL tIIIOeClltT L. HUGHU .........."'" SUZANNE ,......LEY DIAhNE K. ...."..... . H. "'......n WUL"..CIIIQ CHA"LU W. IItEE.E PETE" H. "EIIt'US ..IC"""EY .... STKES TIMOT...... .... COI.VIO £IIII.C .J. ,.I".T......... OIllCOO..... lit. AKEIIII ""..TTMEW D. LE""""U ""ARK A. STUMP ....OLLY J. SAIEIIt CHAILES ... co.. CAVID W. OINN foiIAIltK W. KELLEY OAV.:t.... IItOSENTHAL TEAIIII AN'" KIM ""'ULETTE G. ANDIltEWS STEPHEN L. CALI CA"'E~N C. w.....o WILL:AM L. DARS'" LAW or'lc£s LEMPRES & WULFSBERG T£L.EPMONE (510) 83S-8'00 T£LECOPIEIIt (SIOI "'.1-1170 (SI01"'.'-15'. SAN ""AHCISCO O""IC£ ONE ......IItITIME p~ SUITE leoo &AH ,.........CI.CO. CAurOftHIA ...'tl ("'IS) 7"1-'.3. February 20, 1996 0936-010 "1.£ HUMBen Honorable Ron Roberts Chairman of the Board of Supervisors Members of the Board 1600 Pacific Highway San Diego, CA 92101 Re·. Otav Ranch PMP. PH II. Item 3 .- 2-21-96 A::¡enda Dear Chairman and Members of the Board of Supervisors: Lempres and Wulfsberg represents the CO-E~ecutors, Rose Bo Patek and City National Bank, of the Estate of Mary Birch Patrick which consists of 32 b~neficiaries, locnteã not or.ly in Sar. Diego but around the world.· The late Mary Birch Patri~z w~s c~e of the owners of United Enterprises who owned the 19,500 acres ·::If property known as the Otay rtanch which was sold to Baldwin ir. 1988. The Estate cf Patrick stiJ,). huld:: liens with other noteho¡ders in the amount ~f $80,00~~g~ins~ the Otay Ranch. It is securedoy the Otay Ranch Wh1Ch is the subjc~T. ~f the present general developmert pl~n The Estate of Patr~ck holds collateral within the boun~aries ~! Villages 3, 4, 7, 8, 9 and 10 of the Otay Ranch General De.v~lopruent Plan/Sub Reg~onal Plan {GDP/SRP) adopted by the City of Chula Vista in October 1993. ¡/ Baldwin is in breach of the purchase sale agreement and subsequent workout agreements on the .:>tay Ranch w~.th the Estate of Patrick. Foreclosure proceedir.gs have been blocked by Baldwin's bankruptcy filing and t~e stay issued by the Federal Bankruptcy Court. It is extremely important for you to know that Baldwin does not own the property which is the subject of today's Board action. The City ~nd County are currently considering the approval of various plans, studies and actions designed to amend and implement the GDP/SRP which raise serious concerns to the Estat~ as well as to the significant affects your decisions will 0936-010\130942.1 /4-.:{ -~h Honorable Ron Roberts February 20, 1996 Page 2 3 have on the rights of the Estate as a lienholder and the future values and development of the collateral it holds. We understand that West Coast Land Fund has advised the ,Board of the bankruptcy of Tiger Development and the rèsulting stay imposed by the Bankruptcy Court to proceeding regarding the development of Villages 1, 2, 5; 6, 7, and 11 and Planning Area 12 presently under the jurisdiction of the Bankruptcy Court. It is puzzling if Baldwin wanted to proceed with his plans why Baldwin has not tried to cure this involuntary bankruptcy. Our specific concerns fall into two broad categories with respect to the Open Space Preserve Conveyance and Financing Plan: (1) The proposal by Baldwin does not protect the rights and interest of property held as collateral under agreements with Baldwin that are either in default or the sub;ect of a stav in voluntarv and involuntarv bankruDtcv. (2) The proposal by Baldwin is inconsistent with the commitments made by Baldwin to dedJcate contiauous ODen SDace of the most sensitive environmental areas first. Baldwin's proposed Open Sp~ce Conveyance Plan raises significant concerns regarding the propriety and benefits, received by Baldwin's proposal versus the benefits of adjacent property owners, particularly the Estate of Patrick. The planning of this property and vote to adopt the General Development Plan in October of 1993 was premised upon a specific finding that the property was under a single ownership whicl. made possible the planning and financing, on a global scale, of a massive dedication of an 11,375 acre preserve. As you are aware, the property is not under a single ownership and Baldwin cannot dedicate another's property to gain the benefits of densities and development only for the property he owns at the expense of his neighbors. If Baldwin's proposal is approved in its present form, the Estate of Patrick, as well as other landowners of the otay Ranch, will be deprived of any viable economic use of its lands and make them land bankers for Baldwin for an indefinite period in the future. In fact, Baldwin has stated to the representatives of the Estate in various negotiations that he will simply convey property the Estate holds back to the Estate, that he does not 0936·010\130942.1 / 4-,;( -~ 7 Honorable Ron Roberts February 20, 1996 Page 3 3 need the property held by the Estate, that he has enough of his own open space property to convey for his development. This ~tatement is telling of Baldwin's intent not to convey the open space promised to the County once he has his own property free to be developed without burden of dedication of open space. Further, the Baldwin conveyance plan is inconsistent with the present EIR and thus the concerns set forth in the Environmental Report asking for dedication of contiguous sensitive areas, are not met. It is very apparent that Baldwin's conveyance plan is premised entirely upon which properties Baldwin presently owns and is desirous of developing. As a result of Baldwin's failure to dedicate contiguous open space, the plan jumps from Salt Creek Area to the Proctor Valley area then over to the Vernal Pool area and then back to Proctor Valley. His plan calls for the building of 2,800 units (approximately 8,000 residents) with no adjacent open space. His plan is silent on the management of this type of dedication, a little here, a little there, some in the City, some in the County. Such a proposal is at adds with the present EIR. Baldwin has provided a plan that does not requi~~ lull dedication of open space until 90t of his current propoped development is built (estimated to be 9 years laterj AND dedication of open space is not contiguous, either to itsel: ~r to the development. Under this structure, the County is at risk. The developer has no incentive to dedicate the full amount ~f open space required. In fact, there is ~very incentive under this plan for the developer to develop only a portion of the project, reap his financial windfall, and leave the County City and other property owners holding the bag. Under the GDP/SRP policies where changes in ownership occur involuntarily befcre a SPA or village approval and subdivision, the Board has an obligation to take into account the concerns and interests of the other property owners, not to favor one over others and to protect the private property owners rights to retain an economically viable use of their land. (Nolan v California Coastal Commission (1987) 483 U.S. 825). Moreover, the Fifth Amendment to the U.S. Constitution prohibits the taking of private property for public use without just compensation (U.S. Constitution Fiftn Amendment). Under the present Baldwin plan and scheme of takedown of open space, Baldwin is proposing to dedicate land he does not own to gain the benefit of development and densities to his owner property, and is never 0936-010\130942.1 /¥-.) -.J, f .3 Honorable Ron Roberts February 20, 1996 Page 4 required to show actual ownership of or pay for the property he designates or dedicates to an ultimate reserve. Thus, by this Board's action the Estate's property will be dedicated constituting a ~aking under the provisions of the U.S. Constitution with no obligation of compensation to the' Estate for the property it owns or holds as collateral. Under the Preserve conveyance Plan, Phase 1 RMP, Baldwin agreed to certain standards and criteria which included the requirement of dedication of the most sensitive areas first and a massive dedication of an 11,375 acre preserve. Land he did not directly own or control. Under the present Phase 2 RMP Baldwin does not convey any property to the preserve until 50\ of the SPA I (Village 1 & 5) (Baldwin's property) is developed with the remaining 50\ dedication premised upon Baldwin's 90\ completion of the SPA I development. . By Baldwin's own charts (see pp. 58-59 Otay Ranch Phase 2 Resource Management Plan) Baldwin may develop over a 6 year period 5,800 units (22\ of the entire development) and convey only 1,390 acres (12\) of non-contiguous land to meet his open space preserve requirements. Further; this dedication/con~~yance is structured so that NOTHING IS DEDICATED UNTIL YEAR 3 OF THE DEVELOPMENT PERIOD. Full conveyan~~ of the required acreage does not occur until the final year. Thus, the entire development proposal is premised on end loading the open space d~dication, allowing a developer to lea~e before acquisition and dedication of the required open space. The County should look seriously at requiring the developer to dedicate the required open space not only in the same percentage proportion to the development but at the time of final mapping. Thus, the governing bodies, be it City or County, can assure its citizens commitment for equal treatment and orderly development. This type of plan would allow landowners to manage their properties much more effectively rather than require them to land bank their property for free and for the sole ben9fit of Baldwin. The Resource Management Plan provides a vision of "large connected natural areas with varied habitats that offer refuge, food and shelter to multiple species of native plants and animals." The key phrase is "connected" natural areas. Baldwin's proposal does not meet this criteria. 0936-010\130942.1 /L/-~-~c¡ 3 Honorable Ron Roberts February 20, 1996 Page 5 We believe the matter before you should be continued until such time as the issued concerning bankruptcy are determined as well as the issue of equitable and fair treatment of one property owner to another is carefully reviewed in relation to the <Open Space Conveyance and Financing Plan and the Resource Management Plan. We respectfully request you take such action to continue this matter until you have had sufficient time to analyze the impact of the issues brought to your attention regarding this plan. Conclusion The Co-Executors of the Estate of Mary B. Patrick have also read the opposition filed by the Stephen and Mary Birch Foundation to the Reserve Conveyance Plan. We concur with the objections lodged by this Foundation, but disagree regarding the unit versus acreage takedown of open space argument. It appears to the Estate Co-Executors that either of these takedown mechanisms could be manipulated to the developers advantage. It would be fairer to all concerned to have the conveyance plan keyed to the development plan on percentage of development relating specific~lly to the percentage of dedicated open space, i.e. if the plan requires dedication of more open space th~n development, then the percentage of development to dedication should be per the 1/\.188 acre rule, or the dedication of open space should exceed the ~mount of development by 16% at any time in the development process. Such a scheme would assure that the conveyance of open space would always stay ahead of the development. The Co-Executors request further that an open space take down schedule be submitted which is based upon acquisition of contiguous sensitive areas rather than on the ownership of the developer. Sincerely, ~'~UrFARLEY BSF:dcl Enclosures 0936-010\1309'2.1 /'1'-.;2. -3t) Zv:-/'} /7 H. JAMES WULF'SBERG CHARLES W. REESE PETER H. FERRIS JEFFREY A. SYKES TI MOTHY A. eeLVIG ERIC J. FIRSTMAN GREGORY R. AKER MATTHEW C. LEMPRES MARK A. STUMP MOLLv J. BAIER CHARL.ES A. COBB DAVID W. GINN MARK W. KELLEY DAVID A. ROSENTHAL TERRI ANN KIM PAULETTE G. ANDREWS STEPHEN L.. CALI CAMERON C. WARD WILLIAM L. CARBY LAW OFFICES LEMPRES & WULFSBERG DANIEL N. LEMPRES (1931-1987) PF=tOF"ESSIONAL CORPORATION KAISER CENTER 300 LAKESIDE DRIVE. 24TH FLOOR OAKLAND. CALIFORNIA 94612-3024 OF COUNSEL ROBERT L. HUGHES BARBARA SUZANNE FARLEY DIANNE K. BARRY TELEPHONE (510) 835-9100 TELEeOPIEA (SIC) 451-2170 (510) 451-2575 SAN FRANCISCO OFFICE ONE MARITIME PLAZA SUITE 1600 SAN FRANCISCO. CALIFORNIA. 94111 (415) 772-1934 May 23, 1996 0936-010 Ioì Œ [~: [: [i lñil---' lJU! ¡, 2 7 L.---- cC:'::; i" L C FILE NUMBER The Honorable shirley Horton Chula vista city Council city of Chula vista 276 4th Avenue Chula Vista, CA 91910 Re: Otav Ranch Dear Mayor Horton and Members of the Chula vista City council: We just received a copy of a letter sent by Mr. Kilkenny dated May 14, 1996 on behalf of village Development urging the City Council to reconsider its determination to require conveyance of preserve land at the time of recordation of each final map to a time when "sufficient revenues are available to justify activating the POM". Mr. Kilkenny proposes that rather than follow the staff's recommendation that the developer maintain the preserve land until such time as there are sufficient revenues available to justify activating the POM, that the POM be given the option of initially accepting an easement over the land to be conveyed with fee title to be conveyed when sufficient POM funds are available to maintain the property. The Estate of Patrick presently holds a first priority lien on approximately 5,000 acres of property on the Otay Ranch as collateral for a note from Village Development that is presently in default. The Co-Executors of the Estate stronalv oppose the change in timing for acquisition of preserve land presently proposed by Mr. Kilkenny. The goal of the otay Ranch Resource Management Plan is "to establish a permanent 11,375 acre preserve dedicated to the protection and enhancement of multiple resources present on the Otay Ranch". The conditions imposed upon the developer as a prerequisite for developing the 11,DOO acres of land is to convey 1.188 acres of open space for every 1 acre of development. 0936-010\136388.1 /Lj-~-3/ The Honorable Shirley Horton May 24, 1996 Page 2 As pointed out in our earlier correspondence to the San Diego county Board of supervisors, (a copy of which is enclosed for your reference) a clever developer will concentrate his development in a relatively small number of acres early on in the development in order to maximize its profit with the minimum amount of expenditure and to avoid the requirement of dedication of open space. The profits are therefore front-loaded and the dedication, infrastructures, and commitments are end-loaded. Such structure virtually guarantees that the profits are taken out early in the development, leaving no incentive at the end of the project to complete it. This is precisely what village Development has done in the present plan. A simple review of the conveyance schedule on page 59 of the RMP and the otay Ranch Phasing Plan on page 6 of the village phasing Plan demonstrates that in the first 5 years of development village Properties plans to build 6,201 of 27,059 units planned -- or 23% of the total planned development -- while dedicating only 5% of the required open space. (In the sixth year of development this open space dedication is increased only another 7%, for a total of 12% open space for 23% of development). This first phase has already been approved by the San Diego Board of supervisors. They have reserved their approval on other phases of the development on the very issue of disproportionate development to dedication of open space. The present Kilkenny proposal will further skew even these already unfavorable percentages. Now instead of having to dedicate even the minimal amount of open space required as the development progresses, i.e. "upon recordation of each final map," village Development now proposes to shift any dedication into the realm of "never never land" to a time when "sufficient POM funds are available to maintain the property," whenever that is. To tie up the land, village Development proposes that easements be issued to assure that the property cannot be used for any other purpose. If this is to occur, this would constitute a taking or inverse condemnation of the open space in issue, specifically the Estate of Patrick's collateral, and could involve the City in endless litigation regarding the rights of those unfortunate holders of property interests who can do nothing with their property but wait for the next ten years in a hope that Village Development will actually acquire their property, an event which may never occur. Moreover, the easement, as proposed, would be junior to the Patrick Estate's first priority lien, and the Estate of Patrick would not want to subordinate its position. The easement could therefore be wiped out in any foreclosure. As such, the Village Development proposal to the city appears to constitute nothing more than an unenforceable promise someday to acquire the 0936-010\136388.1 /L/-';¡-3.2 The Honorable Shirley Horton May 24, 1996 Page 3 required open space for its development, delaying indefinitely the actual requirement to do so. To avoid the very scenario just articulated, the city, in its wisdom, imposed a requirement· that village Development actually acquire the land, dedicate it and maintain it until sufficient revenues are available to justify activating the POM. Thus, the expense is imposed upon the developer -- where it should be. Enough concessions have been made to Village Development already. They should be required to comply with the City's determination as it stands. The Co-Executors of the Estate of Patrick request that the city advise us of any hearings on this matter and to advise us as to the intentions of the city regarding this proposal. Thank you for your consideration of this matter. Sincerely, LEMPRES & WULFSB ~OFESSIONAL CO B'·S~rARL BSF: Larry Schultz, City National Bank Rose B. Patek 0936-010\136388.1 pl-~ -33 H. ..lAMES WUL.F'SBEI=tG CHARL.ES W. I=tEESE P'ETEI=t M. FEI=tI=tIS JEFFI=tEY A. SYKES TIMOTMY A. COL.VIG EI=tIC.J. ....I=t$TMAN GI=tEGOI=tY R. AKER MATTM£W D. L.£MP'RES MARK A. STUMP' MOL.L.Y..I. 8AI£1=t CMARLES A. COBe DAVID W. GINN MARK W. KEL.L.EY OAVID A. ROS£NTMAL. TERRI ANN KIM P'AUL.ETTE G. ANOREWS STE~MIEN L.. CAL.I CAMERON C. WARO WIL.L.IAM L.. DARBY LA.W OFFICES LEMPRES & WULFSBERG P'ROFESSIONAL. COI=tP'ORATION KAISEI=t CENTEI=t 300 L.AKESIDE OFUVE. 24TM FL.OOR OAKLAND. CALIFORNIA 94612-3ð24 DANIEL. N. L.EMPRES ( 1931-198') OF COUNSEL ROBERT L.. MUGHES BARBARA SUZANNE FARLEY DIANNE K. BARRY TELEI=IMONE (510) 835·g100 TELECOP'IER (510) 451·2170 (510) 451-21575 SAN FRANCISCO OFFICE ONE MARITIME P'I..AZA SUITE lfiOO SAN FRANCISCO. CAI..IFORNIA 94111 ("'15) 772·1934 0936-010 February 20, 1996 FIL.E NUMBER Honorable Ron Roberts Chairman of the Board of Supervisors Members of the Board 1600 Pacific Highway San Diego, CA 92101 Re: Otav Ranch PMP. PH II. Item 3 - 2-21-96 Aaenda Dear Chairman and Members of the Board of Supervisors: Lempres and Wulfsberg represents the Co-Executors, Rose B. Patek and City National Bank, of the Estate of Mary Birch Patrick which consists of 32 beneficiaries, located not only in San Diego but around the world. The late Mary Birch Patrick was one of the owners of united Enterprises who owned the 19,500 acres of property known as the otay Ranch which was sold to Baldwin in 1988. The Estate of Patrick still holds liens with other noteholders in the amount of $80 million against the otay Ranch. It is secured by the otay Ranch which is the subject of the present general development plan. The Estate of Patrick holds collateral within the boundaries of villages 3, 4, 7, 8, 9 and 10 of the Otay Ranch General Development Plan/Sub Regional Plan (GDP/SRP) adopted by the City of Chula vista in October 1993. Baldwin is in breach of the purchase sale agreement and subsequent workout agreements on the Otay Ranch with the Estate of Patrick. Foreclosure proceedings have been blocked by Baldwin's bankruptcy filing and the stay issued by the Federal Bankruptcy Court. It is extremely important for you to know that Baldwin does not own the property which is the subject of today's Board action. The city and county are currently considering the approval of various plans, studies and actions designed to amend and implement the GDP/SRP which raise serious concerns to the Estate as well as to the significant affects your decisions will 0936-010\130942.1 F/-':(-34 have on the rights of the Estate as a lienholder and the future values and development of the collateral it holds. We understand that West Coast Land Fund has advised the Board of the bankruptcy of Tiger Development and the resulting stay imposed by the Bankruptcy Court to proceeding regarding the development of Villages 1, 2, 5, 6, 7, and 11 and Planning Area 12 presently under the jurisdiction of the Bankruptcy Court. It is puzzling if Baldwin wanted to proceed with his plans why Baldwin has not tried to cure this involuntary bankruptcy. Our specific concerns fall into two broad categories with respect to the open Space Preserve conveyance and Financing Plan: (l) The proposal by Baldwin does not protect the rights and interest of property held as collateral under agreements with Baldwin that are either in default or the sub;ect of a stav in voluntarv and involuntarv bankruDtcv. (2) The proposal by Baldwin is inconsistent with the commitments made by Baldwin to dedicate contiauous ODen SDace of the most sensitive environmental areas first. Baldwin's proposed Open Space Conveyance Plan raises significant concerns regarding the propriety and benefits received by Baldwin's proposal versus the benefits of adjacent property owners, particularly the Estate of Patrick. The planning of this property and vote to adopt the General Development Plan in October of 1993 was premised upon a specific finding that the property was under a single ownership which made possible the planning and financing, on a global scale, of a massive dedication of an 11,375 acre preserve. As you are aware, the property is not under a single ownership and Baldwin cannot dedicate another's property to gain the benefits of densities and development only for the property he owns at the expense of his neighbors. If Baldwin's proposal is "approved in its present form, the Estate of Patrick, as well as other landowners of the Otay Ranch, will be deprived of any viable economic use of its lands and make them land bankers for Baldwin for an indefinite period in the future. In fact, Baldwin has stated to the representatives of the Estate in various negotiations that he will simply convey property the Estate holds back to the Estate, that he does not need the property held by the Estate, that he has enough of his own open space property to convey for his development. This statement is telling of Baldwin's intent not to convey the open space promised to the County once he has his own 0936-010\130942.1 /L/-.:!-35 Honorable Ron Roberts May 24, 1996 Page 3 property free to be developed without burden of ,dedication of open space. Further, the Baldwin conveyance plan is inconsistent with the present EIR and thus the concerns set forth in the Environmental Report asking for dedication of contiguous sensitive areas, are not met. It is very apparent that Baldwin's conveyance plan is premised entirely upon which properties Baldwin presently owns and is desirous of developing. As a result of Baldwin's failure to dedicate contiguous open space, the plan jumps from Salt Creek Area to the Proctor Valley area then over to the Vernal Pool area and then back to Proctor Valley. His plan calls for the building of 2,800 units (approximately 8,000 residents) with no adjacent open space. His plan is silent on the management of this type of dedication, a little here, a little there, some in the City, some in the County. Such a proposal is at odds with the present EIR. Baldwin has provided a plan that does not require full dedication of open space until 90% of his current proposed development is built (est~Dated to be 9 years later) AND dedication of open space is not contiguous, either to itself or to the development. Under this structure, the County is at risk. The developer has no incentive to dedicate the full amount of open space required. In fact, there is every incentive under this plan for the developer to develop only a portion of the project, reap his financial windfall, and leave the County, City and other property owners holding the bag. Under the GDP/SRP policies where changes in ownership occur involuntarily before a SPA or village approval and subdivision, the Board has an obligation to take into account the concerns and interests of the other property owners, not to favor one over others and to protect the private property owners rights to retain an economically viable use of their land. (Nolan v California Coastal commission (1987) 483 U.S. 825). Moreover, the Fifth Amendment to the U.S. Constitution prohibits the taking of private property for public use without just compensation (u.s. Constitution Fifth Amendment). Under the present Baldwin plan and scheme of takedown of open space, Baldwin is proposing to dedicate land he does not own to gain the benefit of development and densities to his owner property, and is never required to show actual ownership of or pay for the property he designates or dedicates to an ultimate reserve. Thus, by this Board's action the Estate's property will be dedicated constituting a taking under the provisions of the u.S. 0936-010\130942.1 14-.J- 3ft? Honorable Ron Roberts May 24, ~996 Page 4 Constitution with no obligation of compensation to the Estate for the property it owns or holds as collateral. Under the Preserve Conveyance Plan, Phase I RMP, Baldwin agreed to certain standards and criteria which included the requirement of dedication of the most sensitive areas first and a massive dedication of an 11,375 acre preserve. Land he did not directly own or control. Under the present Phase 2 RMP Baldwin does not convey any property to the preserve until 50% of the SPA I (Village 1 & 5) (Baldwin's property) is developed with the remaining 50% dedication premised upon Baldwin's 90% completion of the SPA I development. By Baldwin's own charts (see pp. 58-59 otay Ranch Phase 2 Resource Management Plan) Baldwin may develop over a 6 year period 5,800 units (22% of the entire development) and convey only 1,390 acres (12%) of non-contiguous land to meet his open space preserve requirements. Further, this dedication/conveyance is structured so that NOTHING IS DEDICATED UNTIL YEAR 3 OF THE DEVELOPMENT PERIOD. Full conveyance of the required acreage does not occur until the final year. Thus, the entire development proposal is premised on end loading the open space dedication, allowing a developer to leave before acquisition and dedication of the required open space. The County should look seriously at requiring the developer to dedicate the required open space not only in the same percentage proportion to the development but at the time of final mapping. Thus, the governing bodies, be it City or County, can assure its citizens commitment for equal treatment and orderly development. This type of plan would allow landowners to manage their properties much more effectively rather than require them to land bank their property for free and for the sole benefit of Baldwin. The Resource Management Plan provides a vision of "large connected natural areas with varied habitats that offer refuge, food and shelter to multiple species of native plants and animals." The key phrase is "connected" natural areas. Baldwin's proposal does not meet this criteria. We believe the matter before you should be continued until such time as the issued concerning bankruptcy are determined as well as the issue of equitable and fair treatment of one property owner to another is carefully reviewed in 0936-010'130942.1 /V-.:?-37 Honorable Ron Roberts May 24, 1996 Page 5 relation to the Open Space Conveyance and Financing Plan and the Resource Management Plan. We respectfully request you take such action to continue this matter until you have had sufficient time to analyze the impact of the issues brought to your attention regarding this plan. Conclusion The Co-Executors of the Estate of Mary B. Patrick have also read the opposition filed by the stephen and Mary Birch Foundation to the Reserve Conveyance Plan. We concur with the objections lodged by this Foundation, but disagree regarding the unit versus acreage takedown of open space argument. It appears to the Estate Co-Executors that either of these takedown mechanisms could be manipulated to the developers advantage. It would be fairer to all concerned to have the conveyance plan keyed to the development plan on percentage of development relating specifically to the percentage of dedicated open space, i.e. if the plan requires dedication of more open space than development, then the percentage of development to dedication should be per the 1/1.188 acre rule, or the dedication of open space should exceed the amount of development by 16% at any time in the development process. Such a scheme would assure that the conveyance of open space would always stay ahead of the development. The Co-Executors request further that an open space take down schedule be submitted which is based upon acquisition of contiguous sensitive areas rather than on the ownership of the developer. sincerely, LEMPRES & WULFSBERG PROFESSIONAL CORPORATION B. SUZANNE FARLEY BSF:dcl Enclosures 0936-010\130942.1 /~-;:;-3g. ---.-.-...-------------------------------------------- --------------- SUHSD P!AN'HNG ID:420-0339 MAY 28'96 15:00 No.013 P.02 Sweetwater Union High School District ft/fJ ADMINISTRATION CENTEI'I 1130 Flfln Avonuo Chula VI'ta. Calilornia 81811.2886 . (ala) eal·S50e Aotlng Area Superintendent-Cent,,' VIA FACSIMILE May 28,1996 ." The Honorable Shirley Horton Mayor of the City ot Chula Vista 276 Fourth Avenue Chuta Vista. CA 91910 Dear Mayor Horton: -' Re: otay Ranch Village One EIR and SPA Pld" The Sweetwater Union High School District has resolved its concerns regarding the Otay Ranch Village One EIR and SPA Plan during telephone conversations wlth Kent Aden and Kim Kilkinny this morning. The results of this resolution ore included in the attachment which contains language that will ensure that at specific points of development actions are required of the developer ensuring the availability of a school site to accommodate students generated from the project. Therefore. the district wishes to withdraw their letter of concern dated May 16. 1996. and supports the approval of the project, . The district is appreciative of Village Development's resolution of this matter and look forward to a long. cooperative working relationship. Sincerely. Andrew B. Campbell Acting Area superintendent-Central ABC:mr attachment c: Mr. Scott Alevy Mr. John Moot Mr. Steve Padilla Mr. Jerry Rindone Mr. Geor¡;¡¡e Krampl Mr, Robert Leiter Mr. Jerry Jomriska Mr. Lowell Billings ¡q-;{- 3'1 · ~_~~~;_ -~~~'~~Ï~-¿- - - - - - -- - - - - ~-~; ~~-~~;;-39 - - - - - - - - - - - - - - - - - -~ÃY- -;Š; 9-¿ - - -1¿; í 4- - Ñ~-'-ÕÕ5- -p ~ õ-; - - --- /.t/-;J-.i/C .""""""" 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"""""".... /£/'-.:{-3¿/ --...---..---- CITY COUNCIL INFORMATIONAL MEMO May 28,1996 SUBJECT: The Honorable Mayor and City Council John Goss, City Manager L~ Jerry Jamriska, Special p~ng Projects Manager, Otay RanC~ ~~ Otay Ranch SPA One Plan Issue Matrix and Issue Papers TO: VIA: FROM: Attached to this memorandum are an updated Issue Matrix and issue papers on the items that the City Council continued ITom the May 14, 1996 hearing. The matrix has been updated to reflect council final and tentative actions ITom the May 14, 1996 meeting. The issue papers replace the papers in the May 14 Agenda Statement starting with Item D-l.e.3 "Habitat Recreation and Education Funding" and ending with Item D-l.h "Multiple Ownership Condition". One new issue paper has been prepared dealing with the Village One temporary access to Telegraph Canyon Road. The other papers on Project Phasing, Trigger Points and Multiple Owners have been reorganized on the Issue Matrix to group them together for consistency. Page numbers ITom the issue papers have been added to the Issue Matrix to assist in locating the corresponding paper. At the May 14 hearing, the City Council also asked about the Planned Community (PC) District Regulations design elements and for a comparison of the SPA One residential densities with other existing projects in the City. Attached as Item D-2 are photographs of projects depicting some of the key design features of the neotraditional General Development Plan Village Concept. Staff has prepared a presentation for the May 28, 1996 meeting comparing the density of proposed SPA One neighborhoods with existing projects in the City. Also included in this packet are Information Items that respond to questions the Councilmembers asked at the May 14, 1996 hearing. Staff is prepared to answer any additional questions the Council may have. CCS28MEM.DOC / ,//-,;¡ -3/ Item: D-l.e.3 Meeting Date: Mav 28.1996 ITEM: RMP - Open Space Preserve Conveyance ISSUE: Should the Phase 2 Resource Management Plan (RMP) conveyance program be approved for only SPA One? BACKGROUNDIDISCUSSION: The General Development Plan (GDP) and Phase 1 RMP require the City and County to jointly approve a conveyance plan program prior to the approval of the first SPA for the Otay Ranch project. On March 6, 1996, the Board of Supervisors approved a partial conveyance program for SPA One only and directed County staff to work with the City to prepare a revised conveyance program prior to the approval of the next SPA. The Phase 2 RMP indicates that the conveyance requirement for SPA One includes Salt Creek and the vernal pool area on Otay Mesa. The project applicant had proposed that conveyance be tied to ownership of development and preserve areas. The Board believed this approach would lead to conveyance of uncontiguous parcels. The Board approved the conveyance program for only SPA One and directed County staff to revise the conveyance program based on the GDP conveyance priorities prior to subsequent SP Á5. The Phase 1 RMP and the GDP set priorities for the conveyance of open space to the preserve based on criteria which included highest quality resources, most vulnerable areas, keystone parcels and restoration areas. Prior to the approval of the next SPA, a revised conveyance plan will need to be prepared in conjunction with the County of San Diego. APPLICANT'S PROPOSAL: The project applicant originally proposed a conveyance schedule based on preserve priorities and ownership. The Board of Supervisors approved only the portion for SPA One. The project applicant does not oppose the Board's conveyance requirement. STAFF RECOMMENDATION: Adopt the Phase 2 RMP for only SPA One and direct staff to work with San Diego County in the development of a revised conveyance program prior to approval of the next SPA. The revised program will be based on the GDP and Phase 1 conveyance priorities. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously at the May 1, 1996 meeting to approve the conveyance plan only for SPA One and required the next SP Á5 to revise the conveyance program based on the conveyance priority criteria in the GDP and Phase 1 RMP. CC528CP.DOC / j£/ -d-~;;' Item: D-1.e.4 Meeting Date: Mav 28.1996 ITEM: RMP - Open Space Preserve Conveyance ISSUE: What happens to the land conveyed to the Preserve Owner/Manager (paM) at the final map stage? BACKGROUNDIDISCUSSION: The Otay Ranch General Development Plan requires the City and the County to approve the Conveyance Plan. At its March 6, 1996 meeting, the Board of Supervisors acted to require conveyance of open space, in fee title ftee and clear of all encumbrances, to the paM at recordation of the first and each subsequent final map. The developer is required to maintain the open space land until the paM detennines sufficient funds have accumulated ftom the Habitat Maintenance District (HMD) to maintain the open space. When the paM detennines sufficient funds are available, it will then take over maintenance of the open space. Any modification to these provisions will require the City to return to the County to amend the County approvals for the Phase 2 RMP. APPLICANT'S PROPOSAL: The applicant proposes that the paM be given the option of accepting an easement over the land to be conveyed, with fee title conveyed when the paM demands conveyance. STAFF RECOMMENDATION: Amend the Phase 2 RMP to require conveyance ofland at the final map and require conveyance according to the priorities identified in the Phase 1 RMP. Require developers to maintain the conveyance land until the paM detennines sufficient funds are available in the HMD to maintain the open space. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously at the May 1,1996 hearing to require conveyance at final map. The maintenance easement issue was not raised by the project applicant at the Planning Commission hearings. ALTERNATIVES: Adopt applicant's proposal and direct staff to request the Board of Supervisors amend the County's approval of the Phase 2 RMP. /~-d-.53 0{ CC528CVY.DOC .' " "Village DEVELOPMENT Quø/ity master planned œmmuniriø since /974 May 14, 1996 The Honorable S1ùrley Horton Chula Vista City Council City of Chula VlSta 276 4th Avenue Chula Vista, CA 91910 Dear Mayor Horton and Members of the ChuIa VISta City Council: The original draft phase 2 RMP recommended that the initial conveyance of preserve land occur when half of the SPA One land had received final map approval. Subsequently, staff modified their position to recommend that preserve land conveyance occur proportionately with recordation of each final map. To avoid the problem of forcing the City and the County to activate the preserve owner møna.ger (pOM) to maintain a small portion of conveyed land (i.e. the first conveyance would be less than 150 acres), staff also recommends that the property owner be obligated to maintain the conveyed land until sufficient revenues are available to justify activating the POM. Village Development recommends an alternative approach - that the POM be given the option of initially accepting an easement over the land to be conveyed, with fee title conveyed when sufficient POM funds are available to maintain the property. The attached Phase 2 RMP language would accomplish this goal. Your consideration of this request is appreciated. Sincerely, KJK/jem Enclosure i:\Iåm\I996\l_ISI4.doc: 1'975 EI CI.mino Reu. Sulle lOot-· S~ Diego. CA 92130 Tel. 619-159-1914· FAX. 619-259-..364 /Lj-:!-.9! .s. Otay Ranch Phase 2 Resource Management Plan PRESERVE MANAGEMENT, CONVEYANCE, FUNDING This analysis recommends that actual conveyance occur as follows: The applicant shall convey fee title. or unon ~ I consent of the POM an easement restrictin~ use of the land to those nermitted bv the BMP~ to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where fee title is conveyed. eEach I final map shall be subject to a condition that the subdivider shall execute a maintenance agreement with the POM stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. eme t is anted ea . sub' t £ ·tl huM when he bi M' en a n ra ed sufficient revenues to enable POM to assume m,,;ntenance resnonsibilitv. Based on these principals and consistent with the adopted Village Phasing Plan, conveyance is forecasted to occur on a year-by-year basis as depicted in Exhibit 11. Exhibit 12 below, contrasts the amount of land conveyed to the Preserve over time with the anticipated acres of sensitive resources to be impacted by development. Because development is likely to occur 'on the Otay Valley Parcel during the initial stages of Otay Ranch development. where there are few sensitive resources, the preserve will receive substantial preserve land well in advance to any corresp~nding impacts. F/-.:{-55 ~ Dtay Rtmch tj Pege 65 February 5, 1996 Item: D-1.f Meeting Date: Mav 28.1996 ITEM: Multiple Ownership Condition of Approval ISSUE: Should a condition of approval be added which addresses potential City actions if ownership of SPA One changes? BACKGROUNDIDISCUSSION: This item was raised at the April 10, 1996 Planning Commission meeting, and staff has responded to the Commission's concern by drafting two conditions which address the potential for multiple ownership within SPA One. The primary condition regarding multiple ownership was proposed as follows: "The applicant acknowledges that the purpose of planned community zoning is to provide for the orderly development of land under unified ownership or control. Applicant represents to the City, that as of the date of this approval, SPA One is held under unified control by the Applicant. Applicant agrees that, if any portion of land within SPA One changes ownership in a manner that the City determines in its sole discretion to represent a risk, the SPA One Plan will not be implemented as approved. The City Council may take action such as, including but not limited to, requiring an amendment to Village Five of the SPA One Plan and any of the accompanying documents, denying subsequent development approvals and stopping the issuance of building permits within Village Five of SPA One. Applicant acknowledges its understanding that, irrespective of the approval of SPA One, the applicant is required to be in compliance at all times with the City's ordinances, policies and regulations." The other condition regarding multiple ownership stated: "If the applicant is unable to deliver any of the school sites required by conditions (a) through (d) at the locations identified in the SPA One Plan, applicant shall, at the time such site is required to be delivered, take such actions necessary to deliver an alternative site that is satisfactory to the school district or fund acquisition by the school district of an alternative site." APPLICANT'S PROPOSAL: The applicant is opposed to the multiple ownership condition. OTHER POSmONS: The City Council met in closed session on April 16, 1996 (per Government Code Section 54956.9) to discuss anticipated litigation in the Tiger Development Two bankruptcy. At that meeting the Council authorized the City Attorney to institute a motion for relief iTom stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief. West Coast Land Fund also has concerns in this regard and requested at the April 10, 1996 Planning Commission hearing that the City suspend processing of the SPA One Plan s- /~-d-5h and seek the appropriate relief from the automatic stay in the bankruptcy proceedings involving Tiger Development Two. ALTERNATIVES: At the May 1,1996 pubic hearing, the Planning Commission rejected both of these conditions. In a follow-up meeting with the Planning Commission Chair on May 8, 1996, phasing alternatives were discussed to see if the Planning Commission and staff concerns could be satisfied. Four alternatives have been identified. The Project Team's perspective on the four alternatives is as follows: 1. Limit Development to Village One The Planning Commission has recommended limiting development to Village One. This alternative would not allow any development to occur in Village Five. Staff is of the opinion that the SPA One is of sufficient size to allow two villages to compete in the single-family market. Adequate public facilities can be provided for each village. Phasing requirements have been identified in the Public Facilities Finance Plan for each public facility and are required in the conditions of approval to ensure public facilities are available when they are needed to serve either village. 2. Require Developers to amend Village Five Plan Another alternative is to require Village Five to be replanned if ownership changes. A significant amount of time and effort has gone into planning the Village Five core as currently designed by the Project Team, Technical Committee and City Manager's Policy Committee. Staff is concerned that the village concept in Village Five could be jeopardized as a result of replanning the village core to satisfy the market demand of a new property owner to develop a single family product. The core's location has been determined by the transit alignment and grade constraints from Village One to Village Six. The GDP requires the village cores to be pedestrian oriented with 2/3 of the village population within a 1/4 mile of the transit station. Because of these requirements, staff does not believe major changes to the village core can be achieved without jeopardizing the village concept. Minor modifications shifting certain land uses, such as relocating the school site to the east of the core, could be accomplished without effecting the village concept. 3. Require Developer to Provide Alternative Sites This alternative would require the project applicant to provide alternative sites for schools, parks, affordable housing and Community Purpose Facility uses if ownership changes. Again, as with Alternative 2, Village Five has a village core with land uses that staff believes work well together. Minor changes to the core, such as relocating the school site, could be accomplished without jeopardizing the village concept. However, other uses which require siting relative to high density uses, should not be relocated outside the core. pl-;?- 57 (0 The pedestrian orientation of the core requires that these uses be located adjacent to or in close proximity to each other. 4. Tighten Trigger Points At the May 1, 1996 Planning Commission hearing, the project applicant suggested that the trigger points for requiring public facilities could be more restrictive. The City Attorney's office is concerned that there are no trigger points for community purpose facilities and that the trigger points for neighborhood parks do not require the developer to build parks in both villages. The CPF designation is for uses such as churches and day care centers. Trigger points have been established for these uses since they are not public facilities that are absolutely needed for the residents of the village. As far as neighborhood parks are concerned, the conditions of approval give the Parks and Recreation Director wide latitude in selecting which village the first neighborhood park is built in, and, at the second phase, whether to continue with the first park or build the next park in another village. Staff believes the recommended trigger points proposed in the conditions of approval will require the appropriate public facilities at the required time they are needed. If they cannot, then construction of the project will be halted until provisions are made to satisfÿ the requirements of the City. PLANNING COMMISSION RECOMMENDATION: The Commission voted 6 to 1 (Salas) on May 1, 1996 not to adopt the multiple ownership condition. STAFF RECOMMENDATION: Staff believes that proposed multiple ownership conditions, as written, afford the City with adequate protection should the ownership within SPA One change and should be approved, as written. /-'I-~ - 5.J 1 Item: D-1.g.1 Meeting Date: Mav 28. 1996 ITEM: Project Phasing ISSUE: What are other alternatives to the phasing of SPA One? BACKGROUNDIDISCUSSION: At the April 10, 1996 public hearing, the Planning Comnñssion expressed concern over the applicant's proposed project phasing and tentatively voted 6 to 1 not to recommend approval of the proposed ·phasing. Several Comnñssioners proposed different scenarios for the development of SPA One. Concerns were also expressed on the need for La Media to be the primary focus as the project's entry. The Comnñssion requested that the project applicant, West Coast Land Fund and staff meet to resolve the issue. A meeting was held on Thursday, April 18 to discuss the issue. Consensus on a revised project phasing was not reached at the meeting. APPLICANT'S PROPOSAL: The project applicant is still proposing the phasing presented in the SPA One Plan and Public Facilities Finance Plan which allows development to start in both villages. This phasing plan will allow the applicant to generate Transplantation Development Impact Fee (TransDIF) fees from approximately 1,200 dwelling units before the major road improvements of La Media are needed. They believe the TransDIF fees will enable La Media to be constructed when it is needed by the development in SPA One. The PFFP requires partial improvement of La Media with Phase 2A and full improvements with Phase 2B. As a proposed condition, at 1,400 units, either Palomar Street or East Orange Avenue will be extended to I-80S. OTHER POSITIONS: West Coast Land Fund has indicated they believe development should be limited to Village One and development should occur from a west to east direction with primary access from Paseo Ranchero. West Coast believes this phasing will establish a village core sooner, provide significant inftastructure and allow the project applicant to sell the super block areas. They also believe this phasing would also allow the City adequate time to review West Coast's concerns with the Village Five land uses. West Coast also points out that 593 acres of open space could be conveyed under this phasing (the entire conveyance requirement for Village One). ALTERNATIVES: Staff has reviewed three different alternatives: 1. Focusing all development in Village One. This alternative would allow initial access from Telegraph Canyon Road and then require Palomar Street, Paseo Ranchero and La Media to be constructed. 2. Starting development in both villages off La Media. Partial street improvements to La Media would be allowed in order to open development in both villages. CC528PPH.DOC jLl-~-5q çr 3. Allowing Village Five to develop with initial access ITom Otay Lakes Road and La Media. This scenario would concentrate development in Village Five and provide La Media sooner in the development sequence. STAFF RECOMMENDATION: Staff supports the applicant's proposed phasing currently indicated in the SPA One Plan and PFFP. This issue was previously discussed at a City Department Head meeting. The facts are not different ITom that time and staff sees no reason to modify their position. RELATED ISSUES: Trigger points for the first elementary may change if a different phasing is required. The PFFP will be updated to reflect the approved project phasing. PLANNING COMMISSION RECOMMENDATION: On May I, 1996, the Planning Commission voted unanimously to recommended to the City Council that SPA One phasing focus initially on Village One with access ITom either La Media or Paseo Ranchero and delete the temporary access to Telegraph Canyon Road. ATTACHMENTS: Letter ITom Michael S. Woodward, attorney for West Coast Land Fund. /~-d- 00 <1 CCS28PPH.DOC Item: D-1.~.2 Meeting Date: May 28. 1996 ITEM: Project Phasing ISSUE: Should temporary access to Telegraph Canyon Road be allowed for Village One? BACKGROUNDIDISCUSSION: The initial phase of development proposed for Village One takes access ITom a temporary connection to Telegraph Canyon Road. The original conditions of approval proposed by staff required this temporary road connection to be removed when the third access to Orange Avenue is extended. Staff believes the Orange Avenue access is needed for public safety. The Planning Commission recommends the temporary access to Telegraph Canyon Road be deleted ITom the SPA Plan. If the City Council agrees with the Planning Commission, a condition of approval is needed to require the Orange Avenue connection. Staff proposes that the Orange Avenue connection be constructed when the City Engineer detennines it is necessary for public safety in Village One. APPLICANT'S PROPOSAL: The project applicant has proposed the Telegraph Canyon Road connection to provide an initial access to the first phase of Village One. STAFF RECOMMENDATION: Staff supports the Telegraph Canyon Road connection as a temporary access and proposes that the access be closed when the permanent access to Orange Avenue is required by the City Engineer. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously at their May 1, 1996 hearing to recommend that the temporary access to Telegraph Canyon Road be deleted ITom the SPA One Plan. CCS28T ADOC / ILj-~-~;/ /ð Item: D-l.h Meeting Date: Mav 28.1996 ITEM: Trigger Points ISSUE: Should the trigger points for parks, schools and public inftastructure improvements be established? BACKGROUNDIDISCUSSION: The following chart was presented at the Planning Commission hearing on March 27, 1996 and was discussed at the April 10, 1996 meeting. The Planning Commission was in support of the trigger points as established as they relate to the applicant's phasing plan. The concern was raised, however about the adequacy of the trigger points if the phasing plan were to be modified. Since the trigger points are based on dwelling units, changes to the project phasing should not effect the provision of public facilities with the exception of the first elementary schoo\. The first elementary school is planned for Village One. If the phasing program selects Village Five to develop first, then the school priority will change. APPLICANT'S PROPOSAL: The applicant is still proposing to phase the project as presented in the SPA One Plan and believes the trigger points established are adequate. OTHER POSmONS: West Coast Land Fund is advocating a phasing plan which would begin initial development in Village One and allow building to occur from the west to the east. If this phasing plan is approved, then the trigger points do not need to be modified. ALTERNATIVES: Staff has reviewed three different phasing alternatives and has indicated below the appropriate trigger points in relation to the phasing alternatives: 1. Focusing all development in Village One: Trigger points as established are adequate. 2. Starting development in both villages, with access from La Media: Trigger points as established are adequate. 3. Allowing Village Five to develop with initial access from Otay Lakes Road and La Media: Trigger points for schools would have to be adjusted, since the first elementary school is proposed to be constructed in Village One. All other trigger points are adequate. STAFF RECOMMENDATION: Staff believes that the attached trigger points are adequate and recommends that they be maintained as stated in the conditions of approval. ATTACHMENTS: Trigger points. PLANNING COMMISSION RECOMMENDATION: Motion carried 7-0 on May 1,1996 to approve staff recommendation on trigger points. / t/-.:J.- h,J 1/ CCS28TRP.DOC TRIGGER POINTS REQUIREMENT DEADLINE 500 units 1,150 units 2,650 units 3,000 units 3,900 units Deliver graded first elementary school site with access road & utilities to the 500 units site, in Villalle One 150 students First Elementary School opened (Village One) 1,150 units 336 students Deliver graded second elernentary school site with access road & utilities to the 2,500 units site, in Villal1:e Five 750 students Second Elementary School opened (Village Five) 3,450 units 1,000 students Deliver graded third elementary school site with access road & utilities to the 4,500 units site, west of Paseo Ranchero 1,350 students Third Elementary School opened (West of Pas eo Ranchero) 5,300 units 1,668 students Deliver graded high school site with access road & utilities to the site 2,650 units 504 students High School opened 5,300 units 1,007 students SCHOOLS TRAFFIC RELATED IMPROVEMENTS Construct or guarantee the construction of off site Telegraph 300 units Can on Road I-805rrele a h Can on Road interc e 500 units Either: offsite 4 lane East Palomar St. and 1/2 diamond; Or: Or e Ave as a 6 lane rime arterial to Paseo Ranchero 1,414 uivalent dwellin units Either: offsite E. Palomar St. & Orange Ave. to 4 lane majors with 1/2 diamond at 1-805/Palomar; Or: Palomar St. to a 4 lane major & Orange Ave. to a 6 lane 4,009 equivalent dwelling units rime arterial to Paseo Ranchero SEWER IMPROVEMENTS determined b flow meterin es & some offsites with first unit / J/-d,-t:3 /~ TRIGGER.DOC.disc 5 PLANNED COMMUNITY DISTRICT REGULATIONS AND VILLAGE DESIGN PLAN DESIGN CONCEPTS AND GUIDELINES p/-~-&Lj Item: D-2 ß Laguna West Project Sacramento, CA Alley Product Alley Product Streetscape /~-C:¿-h5 IT Alley Streetscape Rear View /-I-,;ì-fpCc ¿e- PORCHES Min. requirement: 30% of all detached units in SF3, SF4 and RM1 Grade separation between porch and street level is encouraged _._-_.~- .t!f~~" -. ~...-...- ::...- Minimum dimension 6' deep x 10' wide or 50% of bldg. frontage Courtyards may be utilized in lieu of porches - ' 4Ø '1' /J.j-.:{-~ '7 HOllYWOOD DRIVEWAYS/RECESSED GARAGES Required on 30% of all 60 x 110' lots Garages must be set back a minimum of 30' May be used in conjunction with Hollywood driveways Adds variety to streetscape De-emphasizes garages , . ~ --~ ---~"""'-_. - i!l- /4-~-t,;g PORTE COCHERE Roof projecting over a driveway and attached to main house Required to be architecturally integrated with the main structure Provides shelter for those getting in and out of cars Encouraged with recessed garages and Hollywood driveways ~ ~ -- -¡,..-_.~. ~- ~..' ~~.- ~ if PARKWAYS Required to be six feet minimum in width Required to be planted with street trees .' _.. .~-- -'~:.~'-- ....;.;;:~ ,- '-~._~ .- '" ~.~,.-~~ I \. . ~ ,/If', . .~ --. '::'.:!'" §.. ~ t/.;_·~.......'\,.: ~-,:..~-/..."~-: ~~~;,:~'<J1:,.·_ '._\.'~,:._-,t,."\.~:..., "'~':i" "',' ~t'~" ~-~ ~~ ':)"':. .: ~~~~~'~t:~. ·.",~'...t~;)~~~:·'I,:.~ ...00:- '" " ·...k7,:J.:.,;o,·...:~'t'1·..-;r·1;\··~.·~ -:,.. " ~:~~:y. <...·)<.T·'· ',j,.;':\',.~_..,..;~( . . /~-,:¡-70 Residential Garages Residential garages should be positioned to reduce their visual irnpact on the street. This will allow the active, visually interesting features of the house to domi- nate the streetscape. At a minirnum, the garage should be set behind the front facade of the residential building. In single-farnily areas, garages rnay be sited in several ways: in the rear accessed from an alley, in the rear accessed by a side drive, or to the side recessed behind the front facade by at least 5 feet. [.. ,.~~ ",'"..~ § rf¡ ", ~,I; ,..,Hom1~! Liill SIDE DRIVE (DETACHED) SIDE DRIVE (ATTACHED) An active, pleasant, and safe pedestrian environment is created along streets when residences face the street directly. By recessing garages, more active living areas can overlook the street, allowing residents to keep a watchful eye on playing children and participate in neighborhood activity. This configuration also creates a more human-scaled and less monotonous environment by minimizing the visual impact of large, blank garage 86 DESIGN GUIDELINES Atley ¡ ,'. . ',' I; LJL.J RECESSED FRONT GARAGE ALLEY (ATTACHED OR DETACHED) doors and by enclosing the streer with a variety of archi- teetural elements, such as windows, bays, and porches. Garages must be sited away from the street, behind or below tesidential buildings. Whete the garage is below residences, it should be depressed so that the first floor of living units is not more than about four feet above finished grade. Tandem parking is petmitted and en- couraged in garages. P-/-';-7/ ~ PART ONE VILLAGE DESIGN PLAN FRAMEWORK Village Design Plan SINGLE FAMILY CONCEPTUAL LOTIBUILDING SCHEMATICS POSSIBLE OPTION of DETACHED GARAGE with or without "BREEZEWA yo CONCEPTUAL FRONT LOADED SINGLE FAMILY POSSIBLE! / GATED "AUTO COURr POSSIBLE OPTION of "HOLLYWOOD" DRIVEWAYS PULLING GARAGES to REAR of UNIT POSSIBLE FRONT PORCH CONCEPTUAL REAR LOADED SINGLE F AMIL Y GARAGE SETBACK from FACADE along STREET CONCEPTUAL FRONT LOADED SINGLE FAMiLY 1/-c1, - 7~ Otay Ranch 1-81 November 9. 1995 $ MULTI FAMILY STREETSCAPE Units will be pulled forward along Promenade streets Entries to be located on street Porches and balconies encouraged ~ c..·~ ~,~ ~ ~ /.¿f-c?-1ß · . ~...;.,,'>:¡... , , ' - ~~~~Þ;.{..·:" '1'\,.. ~ .t:~ :- ... .1.' Units shall be provided with their own identity Color, texture and/or pattern changes used to provide interest and scale Scale and texture to be sensitive to pedestrian interaction ~ ~h'ff--J., -14 ~ -I ~ W > o w ~ o () .... z o w C) <C -I -I - > ftS' ~- . > ftS = .c c.::» = :c c .... = :c c CI en ?O-~~',.., \-""\ HfT:"\ ,-o:Y ~ _ ,_ ~e3~~~~ . ,~c. w--' - - · ~;.\ c', ~ _ ;X\\U· \8 ~ ~ ü-' " ~ Ill» '" ~ '" ... ., ",' i\ "r . . "" ~ i;:::;: '" (g. ~ ., " ~ I-i ~ - -' ,,,. ~ , \ :,\,\;:13 ..... '" .¿:¡_ \ "_.~ ~ ~n :: · ~ ,)1" -\\" ~:' ' " ~ r\\' -0 ~ 'r' ,''''L ~ _ "" . ~ ..... 7", -..J " \ ," < \ \..I". -' . .,tI' "" -:l ,nm ~ ' , H.' ," ~ -J .J ~~~ rill -."'< - \ ~ t " - "" · , .' 6J .'<J -= ~ ':"" ., ~¡:6 \ 1\1 ~ .' " ~;:¡I... ,.... c. \ -~ .~<~~ ~1\ -;" .... rn\' ~s.' ¡;".. .. ""' ,,\' ~,y .:1\ 'Y C. ,,-" 01 - ""'" """" ·,VT \\\"" r""" \ - ....(\\~ ..... ~ '""Tæ pl-,;{- '25 ~ ~-:~ INFORMATION ITEM Item:-ª Meeting Date: Mav 28.1996 ISSUE: Habitat Recreation and Educational Program Funding BACKGROUNDIDISCUSSION: The General Development Plan (GDP) provides for a nature interpretive center and recreation uses in the habitat preserve. APPLICANT'S PROPOSAL: The project applicant supports the proposed Habitat Maintenance District to fund the preserve maintenance program. OTHER POSmONS: Greg Smith believes the Phase 2 Resource Management Plan should identify a funding source for the educational and recreational activities. STAFF RECOMMENDATION: The GDP does not require the Phase 2 RMP to identify funding for these as activities as it does the maintenance program. At this time a funding source for the construction of a nature interpretive center and the operational costs for the educational and recreational activities of the open space preserve have not been identified. Identification of these sources will be a function of the Preserve Owner/Manager. The GDP does state that no General Funds will be used to fund these activities. PLANNING COMMISSION RECOMMENDATION: The Planning Commission concurred with the staff recommendation. CCS28HRE.DOC /1/-;;(- 7~ ,f.S INFORMATION ITEM Item: b Meeting Date: Mav 28. 1996 ITEM: Otay Ranch SPA One Affordable Housing Plan ISSUE: What is the SPA One Affordable Housing obligation and how could it be satisfied? BACKGROUNDIDISCUSSION: The SPA One Affordable Housing Plan (AHP) addresses the phasing and potential location of affordable housing units to be provided in SPA One, including the area west of Paseo Ranchero. SPA One is projected to contain 6,201 dwelling units at buildout, and the affordable housing obligation associated with this construction is 310 low income units and 310 moderate income units. Through a prior agreement with the Baldwin Company on the Telegraph Canyon Estates Project, City Council required a 3-acre site within Village Five of the Otay Ranch to satisfy that projects' affordable housing obligation. The applicant is proposing to satisfy the Telegraph Canyon Estates obligation by providing an additional 34 affordable units in SPA One. The existing agreement for the Telegraph Canyon Estates requirement will need to be amended by the City Council in order to implement the applicant's proposal. The AHP provides five potential sites for low income affordable housing within SPA One. The governing site selection principles include density, proximity to parks and schools, and proximity to transit and retail and other services. A phasing approach is proposed within the proposed SPA One AHP which encourages the provision of both low and moderate income units in sequence with the proposed development phases in SPA One. STAFF RECOMMENDATION: Staff supports the Planning Commission recommendation to approve the SPA One Affordable Housing Plan. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to approve the SPA One Affordable Housing Plan. swahp.doc ;;{~ ¡L./-d,- 77 SITE SELECTION PRINCIPLES FOR LOW INCOME HOUSING SITES · Multiple Family Densities Of 15 Du/ Ac Or Greater · Proximate To Parks · Proximate To Schools · Proximate To Transit · Proximate To Retail/ Commercial · Proximate To Cpf Uses /~-cJ.- 7g %! POTENTIAL LOW INCOME HOUSING UNITS BY PROPOSED DEVELOPMENT PHASE Lot R·21 84 Units 1 886 (6.5 ac @ 25.8 84 du/ac = 168 units Lot R·20 70 Units 2 1.202 (7.7 ac@ 18.2 70 du/ac = 140 units Lot R·46 84 Units 3 530 (6.9 ac @25.7 84 du/ac = 177 units 4 525 5 313 Lot R·45 83 Units 6 1.173 (5.6 ac @29.5 83 du/ac = 165 units Lot R·16 6 Units 7 1.129 (8.1 ac @ 34.6 6 du/ac = 280 units Total 5.758 Units 160 Units 167 Units 327 Units 1~-.:X-71 $ INFORMATION ITEM Item:..s; Meeting Date: May 28. 1996 ITEM: Regional Transit Funding ISSUE: How will the South Bay light rail transit line be financed? BACKGROUNDIDISCUSSION: The South Bay light rail transit (LRT) line is proposed to serve eastern Chula Vista and Otay Mesa. The alignment runs from the current E Street station east to 1-805 and south to Telegraph Canyon Road. The alignment serves Villages One, Five, Six, the EUC and Village 9. The LRT then crosses the Otay Valley next to the SR-125 tollway on to Otay Mesa. The alignment then turns west to connect with the existing trolley service at San Ysidro. Currently, funding for construction of this alignment has not been identified, and staff anticipates funding will not be available for 10 to 15 years. Dedication of the trolley alignment right-of-way through SPA One has been required as a condition of approval. Staff believes this dedication constitutes SPA One's fair share obligation to the future LRT. In addition, staff has proposed a condition under which the developer will not protest the formation of a regional assessment district. The City Council expressed concerns on how this district would effect other areas of the City. Staff contacted Mr. Bill Lieberman of MTDB with this concern. Mr. Lieberman indicated that, while a district could be established that had assessment based on service radius from trolley stations, MTDB's focus would be on assessing the large parcels ofland and using other funds to complete the project financing. MTDB used this method to fund the Mission Valley line currently under construction. Under this method, existing areas of the City would not participate in the district according to MTDB. APPLICANT'S PROPOSAL: The project applicant has agreed to the proposed conditions of approval. STAFF RECOMMENDATION: Require the dedication of the LRT alignment through SPA One and that the developer not protest the formation of a regional benefit assessment district. PLANNING COMMISSION RECOMMENDATION: While the Planning Commission did not consider these conditions individually, the trolley alignment was presented to them, and they voted unanimously at the May 1, 1996 hearing to adopted the proposed conditions of approval. /~-éX-g[) ;(f CC528RTF.DOC INFORMATION ITEM Item:..!! Meeting Date: May 28. 1996 ITEM: Pedestrian Park Maintenance ISSUE: How can the City ensure that homeowners association (HOA) maintained pedestrian parks are maintained to City standards? BACKGROUNDIDISCUSSION: Both the Planning Commission and Parks and Recreation Commission have recommended that the pedestrian parks in SPA One be maintained by funding sources other than the General Fund. These sources are generally open space maintenance districts (OSMD) or homeowners associations. At the May 14, 1996 hearing, the City Council tentatively supported this position. Concerns where expressed, however, on how the pedestrian parks could be maintained to City standards. Open space maintenance districts are managed by the City. If a district is formed, the City will approve a maintenance schedule and staff will ensure that the current park maintenance standards are used in establishing the pedestrian park maintenance schedule. If the pedestrian parks are maintained by a homeowners association, staff will include a tentative map condition to ensure that the maintenance schedule conforms to City standards. APPLICANT'S PROPOSAL: None ALTERNATIVES: Maintenance by City staff financed by the General Fund. STAFF RECOMMENDATION: Staff supports the Planning Commission position and will ensure the that maintenance schedule for either the OSMD or HOA conforms to City standards. PLANNING COMMISSION RECOMMENDATION: At their May 1, 1996 hearing the Planning Commission voted to recommend that the pedestrian park maintenance be funded by either an open space maintenance district or homeowners association. CCS28PKRDOC /4'-,)- g / J INFORMATION ITEM:~ G , ... I 1 '~rv.: "".' I~=U The Baldwin Company Craftsmanship in building since /956 January 10, 1996 Mr. Jerry Jamriska Special Planning Projects Manager Otay Ranch Project Team 315 Fourth Avenue Chula Vista, CA 91910 Dear Jerry: The following infonnation is in response to your request for a discussion of fire protection and emergency medical services (EMS) Mitigation Measures and how they are addressed in various SPA One documents. Fire Protection Requirements Mitigation Measure (Page 129) Applicant shall prepare and submit for appropriate jurisdiction(s) approval prior to the first SPA Plan in close coordination with the appropriate service provider, a Fire Master Plan. The Fire Master Plan shall address: · Facilities requirements of the city and county including equipment needs. · Site selection criteria. · Specific site locations. · Funding mechanisms. The Master Plan shall demonstrate that the proposed facilities shall enable the fire protection servers to achieve the urban and rora1 emergency response times established by the City of Chula Vista threshold and County of San Diego PFE and include a Sprinkler Plan, an Emergency Disaster Plan, and a Brush Maintenance Plan. The Master Plan shall be consistent with the GDP and implement all application mitigation measures and/or conditions of prior approval(s). //-.:{- gri J1 "n~<. "" ,omino Real" Sum_~Qº" S_an Djeg(). CA 92130 " (619) è<9·2900 The SPA Plan shall not be approved unless the Fire Master Plan is accepted/approved by the appropriate jurisdiction(s). Response The Fire Master Plan is included in the Otay Ranch SPA One Plan (Pages 143-147). This section discusses existing fire protection facilities that will serve SPA One, consistent with the Chula Vista Fire Master Plan. Since no new fire facility are included within the SPA One project area, a discussion regarding facilities requirements, site selection and site locations is not needed at this time. A time-distance study was prepared by City staff demonstrating that fire and EMS thresholds can be met within SPA One. Text will be added to the SPA Plan on pages 147 and 149 to reflect the results of this study. Fire protection and emergency medial services are discussed in the SPA One Public Facilities Finance Plan (PFFP) (Page 3.4-2). The PFFP includes the threshold standard, service analysis, project processing requirements, existing conditions, adequacy analysis, financing fire service facilities and threshold compliance. The PFFP concludes that "SPA One fire and emergency medical coverage will be provided through the use of existing assets from the Chula Vista Fire Department with no degradation in overall response time statistics." The PFFP also states that SPA One will meet its obligation to fund fire protection and emergency medical services and facilities through participation in the City's DIF program. A Residential Fire Sprinkler Analysis (March 31,1995) was completed and submitted to the City for review. A summary of the analysis is included in the SPA One document. The Emergency Disaster Plan for SPA One is included in the SPA One Plan (pages 147- 149). The Plan includes GDP goals and policies and a discussion regarding the San Diego County Emergency Plan and the City of Chula Vista Emergency Plan. Upon annexation of SPA One to the City of Chula Vista, SPA One would be incorporated into Chula Vista's existing emergency disaster programs, including fire and emergency services and mutual aid agreements. Brush Management is briefly discussed within the SPA One document (Fire Break and Fuel Modification Page 145), however a more detailed discussion is included in the SPA One Parks, Recreation, Open Space and Trails Master Plan. Since the issue of municipal fire insurance is an outstanding issue with the City of Chula Vista, no discussion is included in the SPA One document. H:\Otay\Fireltr.doc F/-';?-63 $. ..$K .. Emervency Medical Services Mitigation Measure (Page 130) Applicant shall prepare and submit for appropriate jurisdiction(s) approval prior to the first SPA Plan in close cooperation with the appropriate service provider, an Emergency Service Master Plan. The Emergency Service Master Plan shall address facilities requirements including facilities for luøirdous materials incidents, service locations and funding mechanisms, and shall be approved by the appropriate fire protection district. The master plan shall demonstrate that a 10- minute emergency response time will be achieved by all new or upgraded facilities. The Emergency Service Master Plan shall provide: . Fire protection service facilities concurrent with need. . Emergency service facilities concurrent with need. SPA Plans shall include a Public Facilities Financing and Phasing Plan. Each SPA shall be required to meet the criteria of the approved master plan. Response The Emergency Service Master Plan is provided on Page 147 of the SPA One Plan. The plan discusses how emergency medical services are currently provided within the City of Chula Vista. The Otay Ranch Facility Implementation Plan (Page 183) discusses the contract between the City of Chula Vista and Hartson Medical Services to provide EMS to city residents. The contract requires that Harston respond to 90% of emergency calls within 10 minutes. TIlrough annexation to the City of Chula Vista, emergency medical services could be provided to SPA One residents by the City of Chula Vista through a contract arrangement. The handling of hazardous waste materials falls under emergency programs included in the City of Chula Vista Emergency Plan. Otay Ranch SPA One does not contain facilities for handling hazardous materials. The Otay Ranch Facility Implementation Plan (page 21) discusses household hazardous waste facilities. The Facility Implementation Plan states, "One facility to collect hazardous waste generated from South County should be located in Otay Ranch. This facility should be sited in cooperation with the City of Chula Vista, County of San Diego and County Solid Waste Technical Advisory Board." This planning and siting effort has not been initiated by either jurisdiction. . H:\Otay\Fireltr.doc jLl-~- f# ~ p Based on the discussion above, all Mitigation Measure requirements have been met in the SPA One Plan and related documents. Please don't hesitate to contact me if you have any questions. Sincerely, ~I ,!5!</l i t'Le ;J:~i[jb-~~ , Ranie L. Hunter Assistant Project Manager cc: John Bridges Tina Thomas H:\Otay\Fireltr.doc 1~;(-ð'6 4 51 INFORMATION ITEM:l .. RESULTS OF FOCUSED SURVEY FOR SAN DIEGO THORNMINT (ACANTHOMINTHA IUCIFOUA) ON SPA ONE, OTAY RANCH SAN DIEGO COUNTY, CALIFORNIA 23 April 1996 INTRODUCTION AND BACKGROUND San Diego thornrnint (Acanthomintha ilicifolia) is a low (5-15 cm), slender annual plant, with white to pinkish flowers and spiny bracts (Hickman 1994); it blooms from April to June (Beauchamp 1986). It occurs on clay lenses of several geologic origins on mesas and slopes below about 300 m elevation. Its habitat is characterized by unique cracked and crumbly, green- gray clay soils that usually support few other plant species (e.g., Centaurea melitensis, Hemizonia fasciculatum). These soils occur as outcrops within coastal sage scrub, chaparral, and native grasslands. San Diego thornmint is exceptionally rare, restricted to western San Diego County and adjacent Baja California, Mexico (Munz 1974, Wiggins 1980, Skinner and Pavlik 1994). In San Diego County, it is distributed roughly from Carlsbad and San Marcos south to the international border. Specific locations of major populations include La Costa, Lux Canyon, San Marcos, Slaughterhouse Canyon (Asphalt Inc. property), Sycamore Canyon, Poway, Black Mountain Road, Lake Hodges, El Capitan, Alpine, and the Jamul Mountains (Beauchamp 1986). The species also is known from higher elevations on McGinty Mountain (near Jamul) and Poser Mountain (east of Alpine). Populations in proposed or dedicated open space include those on 4S Ranch, McGinty Mountain, Dtay Ranch, and several others. San Diego thornmint is listed as an endangered species pursuant to the California Endangered Species Act, and is proposed to be listed as endangered pursuant to the federal Endangered Species Act. It is ranked in the highest sensitivity category by the California Native Plant Society (List lB, 3-3-2). In support of environmental docwnentation and review for the proposed development of SPA One and the area west of Paseo Ranchero of Dtay Ranch in southern San Diego County, California, a focused survey was conducted for San Diego thommint. The purpose of this report is to present the methods and results of that survey. SURVEY METHODS The SPA One property and the area west of Paseo Ranchero was surveyed on 18, 19, and 22 April 1996, by Dudek & Associates, Inc., biologist John W. Brown, Ph.D. Surveys consisted of walking meandering transects throughout the site searching for areas of clay soils. that supported limited vegetation. [Thornmint seldom if ever occurs where grasses and annuals obscure the soil surface.] Whenever patches of appropriate clay soils were encountered, the area . .;...,.. /4-,;{-%Ú' :15 Focused Survey for San Diego Thornmint SPA One, Olay Ranch Page 2 was investigated thoroughly for the Focused survey for San Diego Thornmint presence of San Diego thornmint. Other sensitive plant species encountered during the surveys were noted; however, no special effort was made to identify the locations of any species other than San Diego thornmint. The timing of the surveys was nearly optimal for the detection of San Diego thornmint. Prior to initiation of survey work, brief reconnaissance-level surveys were conducted of two known locations of thornmint to assess flowering and plant phenology: (1) the large population along Otay Lakes Road in the Proctor Valley parcel, and (2) a site in Encinitas. At both sites, a considerable number of plants were present and most individuals were in flower. Because populations of annual plants can vary widely from year to year dependent upon the amount and timing of rainfall, observations at the two sites mentioned above suggest that it was a moderate- to-good year for thornmint. RESULTS Clay soils cover much of the SPA One project area; however, the vast majority of the site has been subject to considerable modification from agriculture and cattle grazing activities. Only three patches of appropriate-appearing soils were discovered and subsequently investigated. No individuals of San Diego thornmint were observed at these locations. Two small (less an acre) areas of clay soils supported a few species typical of native grasslands, including purple needlegrass (Nassella pulchra), common goldenstar (Bloomeria crocea), and mesa brodiaea (Brodiaeajolonensis). One small area of clay soil supported a small population of Palmer's grappling-hook (Harpagonella palmen), another species restricted to unusual clay soils. Sensitive plant species observed onsite include western dichondra (Dichondra occidentalis), San Diego barrel cactus (Ferocactus viridescens), Palmer's grappling-hook (Harpagonelia palmen), ashy spike-moss (Selaginella cinerascens), and San Diego County viguiera (Viguiera iaciniata). All of these species are of low sensitivity, and all have been reported previously from SPA One. CONCLUSION Based on plant conditions elsewhere, 1996 was a moderate-to-good year for San Diego thornmint. Although appropriate-appearing clay soils are present on SPA One and the area west of Paseo Ranchero, no individuals of San Diego thornmint were detected during three days of surveys. 1/j-,J,-S7 ~ '- Focused Survey for San Diego Thornmint SPA One, Otay Ranch Page 3 LITERATURE CITED Beauchamp, R. M. 1986. A flora of San Diego County, California. Sweetwater Press, National City, California. 241 pp. Hickman, J. C. 1993. The Jepson manual: Higher plant of California. University of California Press, Berkeley. 1400 pp. Munz, P. 1974. A flora of southern California. University of California Press, Berkeley, California. 1086 pp. Skinner, M. W. and B. M. Pavlik. 1994. California Native Plant Society's Inventory of Rare and Fncl~T1gered Vascular Plants of California. Special Publication No.1 (5th Edition), California Native Plant Society, Sacramento, California. 338 pp. Wiggins, 1. L. 1980. A flora of Baja California. Stanford University Press. 1025 pp. /~-~~Si .51 COUNCIL AGENDA STATEMENT Item is. Meeting Date 5/28/96 Public Hearing: Municipal Code Amendment PCA-96-05;Consideration of minor amendments to Municipal Code Sections 15.04.060 & 15.04.145 (Excavation, Grading and Fills) - City initiated. Ordinance :k1r( Amending Sections 15.04.060 & 15.04.145 of the Municipal Code relating to the revised Landscape Manual and approval of landscape plans SUBMITTED BY: Director of Planning ;Ø~. REVIEWED BY: City Manager.JQ ~~ (4/5ths Vote: Yes_No.lO In December, 1994, the City Council adopted Ordinance No. 2616 updating the City Landscape Manual. Certain minor procedural amendments to the Municipal Code are needed in order to reflect consistency with the updated Manual. ITEM TITLE: The Enviromnental Review Coordinator has concluded that these code amendments are exempt from the California Enviromnental Quality Act as an action that will have no significant impact on the enviromnent per Section 2.4.3 of the Enviromnental Review Procedures. RECOMMENDATION: That the City Council adopt the Ordinance approving the amendments to the Municipal Code in accordance with the findings contained therein. BOARDS/COMMISSIONS RECOMMENDATION: On April 3, 1996, the Planning Commission voted 7-0 to recommend approval of the amendments in accordance with Resolution PCA-96-05. DISCUSSION: Municipal Code Sections 15.04.060 and 15.04.145 (Excavation, Grading and Fills) presently require that the City Landscape Architect approve and inspect grading and associated landscape plans. The position of City Landscape Architect is presently vacant and is currently under consideration as a 96-97 budget item. The work previously carried out by this position is currently being perfonned by the Landscape Planner in the Planning Department. The proposed amendments would change the approval authority for grading and associated landscape plans from "City Landscape Architect" to "the Director of Planning or designee". /5-/ Page 2, Item _ Meeting Date OS/28/96 This language is consistent with the language used in the updated Landscape Manual, and also consistent with the approach of other City standards and regulations which involve approvals by Planning Department staff. FISCAL IMPACT: All costs associated with processing development plans will be covered through the City's processing fees. Attachments 1. City Council Ordinance. 2. Planning Commission Resolution PCA-96-05. 3. Minutes from Planning Commission meeting of April 3, 1996. M:\HOME\PLANNING\CC9605.113 IÇ~ ORDINANCE NO. ~"lð-' AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING SECTIONS 15.04.060 AND 15.04.145 OF THE MUNICIPAL CODE RELATING TO THE REVISED LANDSCAPE MANUAL AND APPROVAL OF LANDSCAPE PLANS WHEREAS, in December 1994, the City Council updated the Landscape Manual by adopting Ordinance No. 2616; and WHEREAS, certain procedural amendments to the Municipal Code are required in order to be consistent with the updated Manual; and WHEREAS, the proposed Code amendments will change the language "City Landscape Architect" to Planning Director or designee" consistent with the updated Manual; and WHEREAS, the Environmental Review Coordinator has concluded that the amendments are exempt from environmental review as an action that will have no significant impact on the environment pursuant to Section 2.4.3 of the California Environmental Quality Act; and WHEREAS, on April 3, 1996, in a duly noticed public hearing the City Planning Commission voted 7-0 to recommend that the City Council enact the amendments in accordance with Resolution PCA-96-05; and WHEREAS, the City Clerk set the time and place for a hearing on these amendments to the Municipal Code, and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely at 6:00 p.m. on May 14, 1996, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: SECTION I: That the public necessity, convenience, general welfare, and good zoning practice justify the amendments, and that the amendments are consistent with the City of Chula Vista General Plan. SECTION II: That Section 15.04.060 of the Chula Vista Municipal Code is amended to read as follows: /S:3 ...:1 15.04.060 Landscaping and irrigation system. All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said plan shall be prepared in accordance with the city landscape manual and shall be approved by the City Lamlsea¡¡e .^<rehiteet ~!tB~¡¡¡t~_íigí1¡¡¡;¡¡¡¡ii~~. (Ord. 2128 §3, 1985; Ord. 1797 § 1 (part), 1978). "".""", '" """"" "." '" """" """"""'" """""'" ". SECTION III: That Section 15.04.145 of the Chula Vista Municipal Code is amended to read as follows: 15.04.145 Notification of completion. The permittee shall notify the city engineer when the grading operation is ready for final inspection. He shall also notify the city lBRdseli3e lti'ehiteet ¡¿¡~~¡¡lÇ~Ç~~!mm¡¡9r¡¡¡;¡!j.~ when planting and irrigation are completed. Final approval shäÜiÏotbegiveiÏïïiïiiïäiIwork, including installation of all drainage structures and facilities, sprinkler irrigation systems, planting and all protective devices have been completed and any required planting established and all as-built plans and reports have been submitted. The city engineer may accept in writing the completion of all work, or any portion of the work, required by the permit issued in accordance with this chapter and thereupon accept said work or portion thereof. (Ord. 1797 § 1 (part), 1978). SECTION IV: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by ~ Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney A:\CC9605.QRD f:\home\planning\ 1490.93 /s--y Page 2 "....'. j~-") RESOLUTION PCA·96-0S RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO SECTIONS 15.04.060 & 15.04.145 OF THE MUNICIPAL CODE RELATING TO THE REVISED LANDSCAPE MANUAL AND APPROVAL OF LANDSCAPE PLANS WHEREAS, in December 1994, the City Council updated the Landscape Manual by adopting Ordinance No. 2616; and WHEREAS, certain procedural amendments to the Municipal Code are required in order to be consistent with the updated Manual; and WHEREAS, the proposed Code amendments will change the language "City Landscape Architect" to "Planning Director or designee" consistent with the updated Manual; and WHEREAS, the Environmental Review Coordinator has concluded that the amendments are exempt from environmental review as an action that will have no significant impact on the environment pursuant to Section 2.4.3 of the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said amendments and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely at 7:00 p.m. on April 3, 1996, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was thereto closed. NOW, THEREFORE BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council enact the attached ordinance amending § 15.04.06 & 15.04.145 of the Municipal Code in accordance with the findings contained therein. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of April, 1996, by the following vote, to-wit: AYES: NOES: ABSENT: Commissioners Davis, Ray, Salas, Tarantino, Thomas, Tuchscher, Willett NONE NONE ATTEST: William C. Tuchscher n, Chainnan Nancy Ripley, Secretary WPC A:\PC960S.RESO 1-5- S Excerpt from Planning Commission Minutes of 4/3/96 ITEM 3. PUBLIC HEARING: MUNICIPAL CODE AMENDMENT PCA-96-05; CONSIDERATION OF MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 15.04.070 AND 15.04.145 (EXCAVATION, GRADING AND FILLS) - City Initiated Principal Planner Griffin presented the staff report, noting that this was a housekeeping item changing references in one of the Codes to refer to Planning Director or designee rather than City Landscape Architect. Staff recommended approval of the resolution. Commissioner Ray noted that due to the City budget cuts, the Landscape Architect was not replaced when the previous one retired. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSUC (Ray/Davis) 7-0 to adopt Resolution PCA-96-05 recommending that the City Council approve the amendments to the Municipal Code, according to the findings contained in the draft City Council Ordinance. IS" - b Ó~ / - riJ: ~ ~.,)) r ~ 'J, ..:..3 . .~ ~J) 1m ~noP1~ ~--- h" ~''''-' ~ ~Jþ' n ,Þ U~A ~ \81' """ ~·-I i7 ùlo ~hBZahn '//,{! I' "I' '. t; '; ~" '''''i;], r I'" ~~~ ~ $U/!1:r: .;:f:;;91fW2¡z«Î ~7'R').::: .ÞJJl.-lP -/~:~ ;:¡.::' I ~Of{l~~ES5 ,~ :;'~M'? ..J . .~~ "r o'NNf:R ¿ "'" ~., / tr ~ \ : ~/ .J. i ~ rw:J -([ii' I- ~....J- ~ ~:¡w;')fbØI-fr~Q~- .... I ~ .. ~ ~~ ;Q . --~ -.- J., ~.J-~~~~~ ..t~. ~ 'Z-J./Þ. ~ ~ ~ ;t.~. "1-£;7 ~j,/.. :1_ ~ ....: ';}~.-'.y>;tJ ~ .-ÞJ -..¡.-z.;. 01 ~ oW' ~ Þ V,I/", , .,;;.; . ~~.v~~'~~~~ ~ J ... wIlIJT;¡:;::! 7~ ~ J:R&.. ~J.J/tV .fi.tJ~ ~ 4h "" p.Q . , ~~. ~~';øIu ~ p~~ !1v~.~~¿e~?I/.P .ct': ' . þ-: ð>F.z7I-1 ~ ""...ø>H'?Ý f' ~.2P~,rx/~ ~~~___~;..Þ:~.k'~ .~ ,ø~ ~~~~þ ~n-cJ~ ~.-.¿''1f -'b'~""")A~~~~~' --'.~~' t. J . '.,...LA.~. ~~ .:"J_...7: A..;..;t;. . J - ""';'d) --r::; :;;z: ..Jfi.J 17 j /I P -c7 . <Þ ..-J/.7Þ! a:t¡ ~ ~7 ~ .uJt../~.4Ao 7 7..,. ",~..-J ~ ~ ~ ---- ~'. ""TL',.Õ # ----Þ- ~ ~-:-.-u ;?:>IÞ /--;;I fi .<"-u 7:::~1IA'- ßv~¡¡;;r:L.JA-J. .-J ~~,~~~J~ pT':'-µ~ ,~...u- ~ ,ß...! .-J../'Ý~ ,P.1'~,-7:~~1t'~~.-4>! I . 9. ~~'j?1. {7' ~ø~ COUNCIL AGENDA STATEMENT Item: I {¿, Meeting Date: 05/28/96 ITEM TITLE: a. Report Denial of request by Elite Racing for a donation of $12,000 for a bicycling event "Tour de South County" on July 14, 1996 or b. Resolution ! <is 3~ Approving an Agreement with Elite Racing and appropriating $12,000 for Elite Racing from the unappropriated reserves for the "1996 Tour de South County" Director of Parks and ReC:'~ÌìuJ~J City Manager J~ ,.-~ ~ (4/5ths Vote: Yes _ No X)1 SUBMITTED BY: REVIEWED BY: In February 1994, Elite Racing, a professional "for profit" sports marketing and management company, sent a request to the City to fund a bicycling event, the "Tour de South County," in the amount of $12,000 in sponsorship support and $3,000 for in-kind services. Funding was approved by a joint Council/Agency meeting on March 23, 1994. On January 16, 1996, Council approved the funding, at Elite's request, in arrears, of the July 16, 1995 Tour de South County, in the amount of $12,000. Elite Racing has submitted a written request (Attachment "A") for a donation of $12,000 (plus in-kind staff support services of $3,000) for a July 14, 1996 event. STAFF RECOMMENDATION: Staff is recommending denial of the request for funding from Elite Racing due to budget constraints. However, if it is Council's desire to provide funding, the Council may adopt the attached resolution. BOARD/COMMISSION RECOMMENDATION: Not Applicable. DISCUSSION: Elite Racing, Inc., a professional "for profit" sports marketing and management company, successfully conducted a large-scale, family oriented bicycling event on July 10, 1994. Elite made a $5,000 contribution to the Chula Vista Youth Coalition for Y outh-at-Risk programming following the event, in compliance with terms of a formal agreement with the City. Elite conducted a similar event on July 16, 1995. Although there was no formal agreement with the City, Elite and their major event sponsor, McMillin Development Company, provided another $5,000 contribution to the Youth Coalition following the 1995 event. In addition, Elite has recently contributed an additional $2,000 to the Youth Coalition from proceeds from the 1995 event. Elite Racing is the firm that has successfully coordinated the Arturo Barrios 10K at the Bayfront since 1990, and has a proven track record for conducting other successful sporting events around the country, several of which are televised nationally each year. The "Tour de South County" event is organized and conducted similar to another event that has been conducted by Elite Racing for the past ten years in San Diego county: the Tour de North County event has raised more than $180,000 for north county community charities in the past ten years. Staff expects Should Council wish to appropriate $12,000 fOf Elite, then it would require a 4/5th Yote. [NETWORK:-Al13-elitereq.A13-May 22, 1996] 1 /~ -I - Item Meeting Date OS/28/96 that if the event continues to be successful in the South County, the city's youth-serving agencies would continue to benefit on an increased level in future years. The "tour" ride is designed as a family-oriented fun cycling event, and is not a bicycle race. There is a choice of 5, 12, 25, 50, and 75 mile tours. The rides all start and end in the City and moved along routes in various areas of the City and the county. The event culminates with a large celebration, including entertainment and refreshments, at the finish area. Elite confirmed that approximately 1,500 individuals participated in the 1995 event. The event is promoted through the distribution of entry forms, and by way of local and county newspaper, radio, and television coverage. In 1994 and 1995, Elite received a sponsor commitment from McMillin Development Company for $15,000 plus $25,000 for entertainment and $5,000 for the donation to the Youth Coalition. The Chula Vista Youth Coalition supported the event in 1994 and 1995 through the participation of a large number of individuals volunteering at the event. The City benefits from this event in several ways. The event, by nature, attracts participants from all over Southern California, exposing them to various parts of the City. The City is also listed as a major event sponsor on all event publicity, entry forms, participant bibs, T-shirts, etc. Post race events provided an opportunity for many local groups to display information regarding available services, such as youth providing services and community social service agencies. Staff Support - Staff support for the event involves the Police Department, the City's Public Information Coordinator, the Public Works Department, and the Parks and Recreation Department. Police are involved with traffic control, crowd control, and in working with the sponsor to establish safe and appropriate routes for the use of City streets. The Public Works Department has traditionally tracked the established routes several days before the event to identify and rectify minor problem areas in street paving, and other factors that could jeopardize the safety of participants. The Public Information Coordinator assists Elite with publicity for the event, and the Parks and Recreation Department has been involved in providing staging, public address systems, shade canopies, and other support equipment. The cost of these services is estimated at $3,000. FISCAL IMPACT: There will be no direct fiscal impact if the request for funding is not approved. Approval of the Resolution b. will require the appropriation of $12,000 to Elite Racing from the unappropriated reserves. Staff will return to Council in FY 96/97 to request an appropriation to amend the FY 96/97 budget to fund costs associated with in-kind services. Attachment: " A" - Request Letter from Elite Racing "B" - Agreement with Elite Racing [NETWORK:-AII3-elitereq.A13-May 22, 1996] 2 /b~;).. "." -_.....' Attachment A 6///1" -.- ...--..... é~~ ."OIllTa MA"þ(.TINO & MANAO.M.NT April 9, 1996 Jolm Goss City Manager City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Dear Jolm: We are excited about our plans for the 1996 Tour de South County. We think that it will continue to be one of the best cycling events in Southern California. Would you please consider this letter a fonnal request for city support for the 1996 Tour de South County. We would like to request the same support that the '94 and '95 events received; $12,000 plus various city services estimated at $3000. These services included police support, public address systems, staging, and assistance from the Parks and Recreation staff. The 1996 Tour de South County is scheduled for Sunday, July 14. We're looking forward to working again with the city of Chula Vista and we hope to see you out at the event again this year. Best Regards, cv Tim Murphy cc: Chris Salomone Sid Morris Jess Valenzuela City of Chula Vista City of Chula Vista City of Chula Vista 10509 VISTA SORRENTO PARKWAY, SUITE 102. SAN DIEGO. CA 92121.619/450.6510. FAX 619/45Q.E,f305 !b'3 RESOLUTION NO. {g 3óJ.D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ELITE RACING AND APPROPRIATING $12,000 FOR ELITE RACING FROM THE UNAPPROPRIATED RESERVES FOR THE "1996 TOUR DE SOUTH COUNTY" WHEREAS, in February 1994, Elite Racing, a professional "for profit" sports marketing and management company, sent a request to the City to fund a bicycling event, the "Tour de South County," in the amount of $12,000 in sponsorship support and $3,000 for in-kind benefits; and WHEREAS, funding was approved by a joint Council/Agency meeting on March 23, 1994; and WHEREAS, Elite Racing has submitted a written request for a donation of $12,000 (plus in-kind staff support services) for the July 14, 1996 event. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an Agreement with Elite Racing and appropriate $12,000 from the unappropriated reserves for the "Tour de South County" Bicycling event that will be held on July 14, 1996 and $3,000 in in-kind services all conditioned upon $5,000 being donated to the Chula vista Youth Coalition by McMillin Development Company. ~ruce M. Presented by Jess Valenzuela, Director of Parks and Recreation Attorney /¿- r¡ Attachment B-1 SPONSORSHIP AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELITE RACING, INC. THIS AGREEMENT, màde this day of , 1996, between City of Chula Vista, a municipal corporation (hereinafter called "City"), and Elite Racing, Inc., a California corporation, (hereinafter called "Promoter"). WITNESSETH: WHEREAS, Promoter is the primary organizer of the :rour de South County Bicycling Event, proposed to be conducted, in part, over City streets in the City of Chula Vista, on a date mutually acceptable to both parties, and WHEREAS, the City will benefit from the media exposure attendant to the bicycling event, and WHEREAS, Promoter has requested waiver of City's costs in providing in-kind support to the event as a contribution, up to and including $3,000 in such in-kind services, and has further requested $12,000 cash from the City as a contribution, both towards sponsorship of the event. NOW. THEREFORE, IT IS AGREED as follows: 1. Services to be Perfouned. Promoter shall: A. Accept the duty of organizing and holding a Tour de South County bicycling event within the city limits of the City of Chula Vista on July 14, 1996. B. Include the City name and logo identification on all flyers, posters, entry founs, maps, T-shirts, and other promotional items associated with the event. C. Include City name and logo identification on Start and Finish banners. , D. Include City name and logo on all print material associated with the event including advertising and publicity. E. Give all rights of choice of bicycle routes on City streets to the City of Chula Vista, including the right to change routes at any time up to and including the day of the event due to conditions ascertained by the City. F. Make a donation of event proceeds in an amount not less that Five Thousand Dollars ($5,000) to the Chula Vista Youth Coalition for support of at-risk youth programming. /~..5 Attachment B-2 2. Comoensation. A. In consideration of the media and other public exposure from the services to be performed by Promoter, City shall provide support services from the Police Department, Public Works Department, Parks and Recreation Department, and other appropriate departments of a value not to exceed $3,000. B. In consideration of the media and other public exposure from the services to be perfonnedby Promoter, City shall pay $12,000 to Promoter 30 days in advance of the date of event. Promoter shall be required to provide a detailed accounting of expenditures of this money upon request by City. 3. Insurance Promoter shall throughout the duration of this Agreement maintain comprehensive general liability insurance covering all operations hereunder of Promoter, its agents and employees, with a minimum coverage of one million dollars ($1,000,000). Evidence of such coverage, in the fonn of a certificate of insurance and policy endorsement naming the City of Chula Vista as additional insured shall be submitted to the Risk Manager at 276 Fourth Avenue, Chula Vista, CA, 91910, prior to the release of the City's monetary contribution. 4. Hold Hannless A. Promoter agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages in property or injuries to or death of any person, or persons, including employees or agents of the City, and shall defend, indemnify, and hold hannless the City, and its officers, agents, and employees , from. any and all claims, demands, suits, actions or proceedings of any kind or nature of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts, errors, or omission of Promoter, or any of its officers, agents, or employees relating to the event. B. Promoter agrees to list the City of Chula Vista as one of the entities released from liability on all participant waiver fonns, and agrees to require any and all participants to execute waivers prior to their participation at the event. 5. Tenn. The tenn of this agreement shall be from the date of its execution by both parties, and shall terminate no more that 30 days following the scheduled date of the event. 6. Contract Administrator. The City Manager shall administrate this agreement on behalf of the City. Tim Murphy, President, Elite Racing, Inc., shall administrate this agreement on behalf of Promoter. / t:,,. h <,,(-\ Attachment B3 The event will be held on July 14, 1996. In the event the event does not occur on or about that date, Promoter shall forthwith upon demand return the $12,000 contribution to the City. IN WITNESS WHEREOF, this agreement was executed by the parties on the date set forth hereinabove. THE CITY OF CHULAYISTA ELITE RACING, INC. Tim Murphy, President Elite Racing, Inc. John D. Goss City Manager Approved as to fann by Bruce M. Boogaard City Attorney Ib-7 ',') COUNCIL AGENDA STATEMENT Item 17 Meeting Date 5128/96 ITEM TITLE: Report Regarding Multiple Species Conservation Program - Otay Ranch University Site SUBMITTED BY: Director of Planning ß~!I REVIEWED BY: City Manager.J(:t ~ ~\. (4/5ths Vote: Yes_No.lO On May 21, 1996, the City Council provided ôirection to staff regarding a draft "Chula Vista Subarea Plan," to be analyzed in the final draft Environmental Impact Report / Statement for the Multiple Species Conservation Program (MSCP). However, the City Council deferred action regarding the Otay Ranch university site, pending further discussions between the City and the wildlife agencies on this issue. RECOMMENDATION: That the City Council approve the inclusion of draft policy language in the Chula Vista MSCP Subarea Plan which would allow for evaluation of specific policy alternatives for a university site, as further described in this report. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission has not addressed this specific issue in its review to date of the MSCP. The Resource Conservation Commission, in its review of the Otay Ranch Resource Management Plan, has previously expressed its position that the university site should not include the area east of Villages 9 and 10. DISCUSSION: As indicated above, representatives of the City and the wildlife agencies have had ongoing discussions regarding the University Site designation in the Otay Ranch General Development Plan, which includes Villages 9 and 10 as well as areas east of these two villages, extending to Wueste Road. On November 21, 1995, staff presented a detailed report to Council on this issue (see Attachment A), and Council authorized hiring a consultant to assist staff in monitoring the MSCP and other related programs which could affect the future use of the university site. The City's consultant, Rikki Alberson, has worked with staff to evaluate issues raised by the wildlife agencies regarding the biological sensitivity of the eastern portion of the proposed site, and to formulate recommendations regarding resolution of these issues. Throughout our discussions regarding the proposed university site, the wildlife agencies have continued to maintain that due to the specific characteristics of this site, which include \ 1-) ,,) Page 2, Item _ Meeting Date 5/28/96 documented sightings of numerous gnatcatchers and cactus wren, as well as the location of this site in relation to other designated open space areas within close proximity to it, development of the site as a university would have a major negative impact on the viability of the overall MSCP subarea plan. However, the City's consultant has reviewed the preliminary biological analysis performed by the wildlife agencies, and has determined that there are several points in this analysis which need clarification and could lead to a more favorable conclusion regarding this site. In order to allow continued progress to be made in the completion of the overall MSCP plan and Enviromnental Impact Report 1 Statement, while allowing resolution of the university siting issue, representatives of the City and wildlife agencies have agreed to recommend the following approach: Alternative 1 in the City's overall MSCP Subarea Plan would continue to include the existing designated Otay Ranch university site, including the 400 acres east of Villages 9 and 10; Alternative 2 would include consideration of two policy options: a) designation of a reconfigured and reduced university site east of Villages 9 and 10, which would include approximately 288 acres, and would reduce impacts on habitats in comparison to the university site designation in the adopted Otay Ranch GDP (see Attachment B); and b) purchase of the 400 acre portion of the currently designated university site by the wildlife agencies for inclusion in the preserve system, and acquisition of an alternative university site, which would be acceptable to the City of Chula Vista, through a land exchange or other acceptable mechanism. The final draft EIRlEIS would include a quantitative and qualitative biological analysis of both options under Alternative 2, so that all parties can evaluate the results, and make a final determination regarding the consequences of continuing to pursue development of the proposed university site location. At the same time, the City would work with the wildlife agencies to pursue the possible acquisition of the 400 acre site, and the City would need to evaluate other possible university site locations. It is anticipated that the final draft MSCP EIR/EIS would be completed within the next two months, and the review period completed within four months, during which time these alternatives would need to be evaluated by the City and the wildlife agencies. Staff anticipates that additional staff time and consulting services would be required in order for the City to participate in this follow-up effort, and we will return with a work program regarding this effort in the next 2-3 weeks. \l"~ ~ , Page 3, Item _ Meeting Date 5/28/96 FISCAL IMPACT: None at this time. However, staff will return with a specific work program regarding follow-up work on this item, including cost estimates, within the next 2-3 weeks. Attachments: A Council Agenda Statement regarding Otay Ranch University Site, dated November 21, 1995. B Diagram of Revised Otay Ranch University Site Boundary (F9\mscpuniv.AII) \1- 3 ;"-1(. ~tw- n ATTACHMENT A COUNCn. AGENDA STATEMENT Item ITEM TITLE: MeetJDa Date 11/21/95 Report on Otay Ranch University Site IDd Relationship to Multiple Species Conservation Program IDd other Habitat Conservation Programs Resolution Appropriating $10,000 from the unappropriated General Fund bAl.",.-c SUB~u u;D BY: Assistant City Manager 4A/ Director of pl.nning ßIL City Manager (4/5tbs Vote: Yes"tNo--> REVIEWED BY: On November 14, 1995, the City Council requested that staff provide a report regarding the status of the university site which is designated in the Otay Rauch Geœral Development Plan, and the relationship of that site to the Multiple Species Conservation Program (MSCP) aDd other habitat conservation programs. Staff was also requested to provide a recommendation regarding: 1) hiring a consultant to assist in monitoring the MSCP aDd other programs which could affect the future use of the university site; 2) hiring a consultant to assist in lobbying effons to promote the selection of the Otay Ranch university site by the University of California; 3) reestablishment of the University Task ·Force. RECOMMENDATION: That the City Council: 1) appropriate $10,000 aDd direct staff to retain a consultant to monitor habitat conservation programs which may affect the future use of the Otay Ranch university lite; 2) direct staff to work with the City's legislative consultant to c:ondnue le¡islative-lobbying effons to promote the selection of the Otay Ranch lite by the University of California; IDd . 3) direct staff to work with the Mayor IDd Council office to mestab1ish the University Tuk Force. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. " /1-5 Pale 2, Item _ MeetiD¡ Date 11/21/95 DISCUSSION: JJllf!kcmmnd In 1989, the City of Chula Vista and the Baldwin Company submittèd a plopoaa1lO tbc UDiversity of California which involved tbc donation of 400 acres within the Otay RaDch project for a future UDiversity of California campus (see ÁtÞI!hmeDt 1). At that time, a task force was established by the City Council 10 promote this site as tbc preferred lite for the Dext Southern California campus of the UDiversity of California. In 1993, the City of Chula Vista and County of San Diego approved the Otay Ranch General Development Plan (GDP). In the preparation of the General Development Plan, it was recognized that the 400 acre site offered by the Baldwin Company, which is located in Salt Creek Canyon and adjoining upland area overlooking the Lower Otay Reservoir, offered a number of advantages as part of a university site. At the same time, it was reCClgroi,"'" that major ponions of this site had significant physical and environmental constraints, including steep slopes and sensitive habitats and species. Therefore, the "university site" designated in the Otay Ranch General Development Plan was expanded 10 include the original 400 acre Salt Creek Canyon area, as well as VUlages 9 and 10, which are located west of Salt Creek Canyon (see Attachment 2). The overall "ulÙversity site" designated in tbc Otay Ranch GDP contains approximately 1,200 acres. It should be noted that ponions of this larger university site are no longer under the control of the Baldwin Company, although the original 400 acre site is still under Baldwin's control. , The GDP contained specific policy language regarding future development of the university site (see Attachment 3). Specifically, it provided that "use of the area west ofWueste Road, east of Otay Valley Road, by a campus is permitted, provided that the use"of Salt Creek Canyon (including defining slopes) is limited to trails, passive recreation, and to biological research and educational activities in keeping with the preservation of sensitive habitat and biological species located there. No buildings or strUCtUreS shall be permitted within Salt Creek Canyon.· Staff bas estimated that approximately 250 10 300 acres of the 400 acre area ref~eaced above are located within Salt Creek Canyon, where buildings and ItrUCtUreS would be proIn1lited, while 100 10 ISO acres are located in upland locations east of Salt Creek Canyoli. However, it Ihould be reCClgroi,~ that ponions of tbc upland area also contain sensitive habitats, It sbou1.Ø also be DOted that the Otay RaDch Phase 1 ResouJœ Management Plan iDcIudes Id"itiona! policy language which limits tbc use of tbc Salt Creek Canyon and Idjoinin¡ areas which are drsipted as part of the Otay Ranch Preserve. Since the Idoption of the Otay Ranch GDP in 1993, a number of habitat pi.nni11g efforts have been initiated within the region which are addressing the preservltion of sensitive habitat areas. These plans include the following: t .t í1-C? ,,.i Pqe 3, Item _ MeetiDl Date 11/211'5 1) the Multiple Species Conservation Pro¡ram (MSCP); which is beiD¡ coordinated by the City of San Diego, IIId is proposing establiR"'-m of a netWork of open space preserves throughout the southwestern ponion of San Diego c;ounty, includiD¡ portions of the City of San Diego, County of San Diego, and City of Cbula Vista. Each of dIe participating jurisdictions is also preparing one or more "aubarea plans, " which provide more detailed land use and open space plans. and acquisition pro¡rams, for areas within that jurisdiction. 2) the "San Diego National Wildlife Refuge." which is beiD¡ þloposed by the U.S. Fish and Wildlife Service. This program includes a proposal to establish an "Otay-SweetWater Wildlife Refuge," which includes a signif1Cll1t ponion of the Otay Ranch, including the University site. USFWS officials have hv'icated that the primary pmpose of this proposal is to allow the Federal government to usist direçdy in the acquisition of properties within this area to be part of the overall preserve system. 3) "Otay Ranch Phase 2 Resource Management Plan." which is c:urrently being processed by the City of Chula Vista and County of San Diego in cmVunction with the City's processing of Otay Ranch SPA One, includes a specific proposal for establishment of a Preserve Owner Manager for the Otay Ranch Preserve (joint ownership and management by the City and County), and also includes a conveyance plan which indicates the order of conveyance of open space parcels into the preserve system in COIÚunction with the development of the Otay Ranch villages. The first parcel to be conveyed to the Preserve Owner Manager is easterly poniOD of the Salt Creek Canyon parcel which is designated as part of the university site. . City staff has made diligent efforts to ensure that the plans discusseð above do not limit the . future use of the university site as set forth in thè Otay Ranch GDP. For "'....mple, with regard to the MSCP, staff forwarded comments to the City of San Diego regarding the draft MSCP plan which requested that the policy language COJtllilWl in the Otay Ranch GDP be included in the MSCP. Similarly, staff has been monitoring the National Wildlife Refuge p.oposal and is preparing an anaJysis of this proposal to be forwarded to City Council next month, which will include similar recommendations to ensure that ~þlopriate university uses are permitteclon this site. With regard to the "Otay Ranch Resoun:e Mana¡ement Pro¡ram - Phase 2," staff will be addressing the need for the fmal conveyance plan and Preserve Owner Mana¡er "joint exen:ise of powers agreement" to ensure that the aubject ploperty can be conveyed in the future to the University of California and can be used for dIe university-related purpl]1~1 which are permitted under the adoPted Otay Ranch GDP. ' However. with the number of habitat plllnni11l and acquisition programs which are cunently being developed by outside agencies that could diIectly affect dIe Ilti1i7:lltion of this site for university uses, the City Council may wish to direct staff to hire . CCiIIIUltant to ÍDonitor dtese various planning pro¡rams. to ensure that ~ for university-related uses are not 5/'7-1 , ~., --"" -- Page 4, Item _ MeetiD¡ Date 11/21/95 elimiDated, and that the future owœrship of these properties is DOt conveyed in . m......... thåt ' would preclude such future uses. Staff is aWU'C of c:onsultiDg biologists with IpCCIfic ~tisc m! kDowledge regarding these pro¡rams who could provide tbis type of 1eI'VÌCC. If C'-OO'nl'il would like staff to pursue tbis option. it is recommeDded that CouDcil appropriate $10,000 from the unappropriated General Fund balance for this purpose, and staff will prepare .. specific work program for tbis work effort and select. qualified CODSUltaDt in ICCOIdaDce with adopted City Council policy regarding consultant selection. With regard to hiring a consultant to pursue lobbying efforts toward selection of the Otay Ranch site by the University of California, the City has in past years utilized its legislative consultant, Advocation, Inc., to lobby various issues surrounding this proposal. It is recommended that this approach be continued, with City staff working closely with Advocation to define the most productive approaches for the coming year. Advocation personnel will be þrcsenting a mid- session report to Council at the December 12 meeting, at which time Council will have the opportunity to discuss lobbying priorities in more detail. Finally, with regard to reactivating the University Task Force, if Council 10 directs, staff will provide the Mayor and Council office with a listing of the previous membership list of the Task Force, so that previous members can be contacted to determine their interest in participating again on the Task Force, and new members can be selected as necessary. The City Manager's office would again be willing to. provide staff support to the Task Force. FISCAL IMPACT: Proposed consulting services relative to monitoring habitat planning programs are estimated to cost approximately $10,000, to be allocated from the unappropriated General Fund balance. Consulting services relative to lobbying efforts would be covered by existing contracts at no additional cost. Staff support to the University Task Force would be 'provided by existing staff at no additional cost. Attachments" 1) Joint Proposal of City of ClIula VÌlllIIId Baldwin Villa AIIOCillrl reprdilla thdvcnity of CaIIforaIa lite. dated October 10, 1989. 2) OIly RaDell Geœral DeveloplllCDl PIaD Map (UDivenity Siœ -!;"adoD). 3) OIly RaDell GeDeraI DeveIopmclll PIaD IIØ accrpt, IddreuiD¡ "1IIIivenhy 1ite·~riOD. (III\ImIY.AII) ,.. '. 1. /7-g o vie. w111 be ner tbe D" ,Iaued "~!IIitJ of Gta, lucla. to tbe aoutb, the UDiverait, would overlook Ota, liyer 'all., wbich will b. a D" I'.,ind ,ark for tbe a;toJltJlt of all ocnmtJ naidat.. Otal Lak. lie. immediat.ll to tbe talt ad tbt D" Ol~ic 'raiDiD, Center would baud tII. my.rlitJ lID tII. aortll. tbe natural haut, of tbia loutb.na Callfomia ait. Mku it a ,1'1.. locatin for aDl educatiODal iutitUtiCID. . laldvin Yiata lIaociat.., on.ra of Gtar IaDcIa, aDd the Cit, of c:bula Yiata ar. oOIaitttd to laDd ..u _atibl. 'with en aoademic aD¥iroDlDlllt. tll. Div.raitr ait. Us h_ ÜOIa to ..v. the ,ro,er academic .drOJlllltllt iI MiDtained. ft. ait. is auuOUDd.d br o,en a,aee vith OGlr the Ol,.,io 'l'aiDin, Cent.r looated t.DediatelJ D.arbJ. tJú. .lilliut.. uoompatible ..... &11 tiJUla of bouu" oomm.reial areaa, a oor,orate offio. oampl.. aDd l'.,iODal ..11 viii b. located within a ail.elbiDatin, tbe Deed for lOG, a_t.. to emplOrm'Dt aDd ..rvic. ar.a.. & reginal ,r.tDb.lt witb ,.d.atriaD aDd bierel. ,atlll viiI OODD.et tII. my.raitr to aDd iDtegrate it vith the r.lt of the oDmmuitr. Ka;tor I'oada aDd tuiok aooll. to a re,ioDal fr.ew'r viii ,lac. ..;tor ar.a. of laD Diego COuntr aDd Kelieo vi thin a ODe-half bour driv.. , r l Inclusion of tll. univ.raitr in a oampl.t. D" oommunitr allow. tb. n.e....rr infrlltrueture to be ,rop.rlr ,laued aDd ailed. Itreeta, wat.r and .ew.r facilitie., aDd utilitill OlD all be ailed aDd ,ha..d to a..ur. tll.ir adequ,cr aDd availabilitJ, .liminatin, the ne.d for cOltlr and cntrov.r.ial retrofittin,. ID addition, IIItIIJ opportuniti.. vould e.iat to coordiDat. ,radin, aDd facilitr conatruction re.ul tin, iD addi tiOGal aavu,.. the D'W univ.r.itr would b. aD iDt.,r.l ,art of a Dew commuAitr. a.r.lr do.. the op,ortUDitr ,rllat it..lf for aD iutitutiOD like a UDiv.r.itr to .etuallr be ,IIDD.d into a oommuaitr. tbe beD.fita CaD be ..Iildled to everroD.'a advanta,e ~ while the ,otatial di..dvant.,.. can be ,Iiminated. tbe Otal RaDch ODaRNDitr ,laD dOC1llllata would guide aDd ,rovid. oODtrol over avrollDdin, laDd u.. for the for.....bl. future. o & bro.d vari.tJ of cultural atHDiUII al'e available within 15 ail.a of the ,ropoaed aite. 'hll' iDelud., but an Dot lillited to, the UDr lIUIeUIIII aDd art ,all.dll of "lboa 'uk, l,.,bOGr lall, laD Di'Io Civic Cent.r. librarill aDd th. Old Globe !beater. o leer.atinal faeilitie. available within 15 ail.. inolude ail vater a,orta lID laD Di'Io lar, lack Kurpbr Itadi_ - haM of the Char,era aDd ..dre.. lalboa 'uk. lea World, aDd lu 11"0 100. the Gta)' aiver 'all'l viii be a r"iOGal ,ark witb lar,e atl'.tobe. of activ. aDd ,alliv. are... It will ut.d fl'CIII lu Di"o BuboI' to ota)' L.k.. th. r.,in.l ,ark i. alao aD iDtegral ,al't of Cbula 'iata'a 28 llile IntDbe1t tb.t e.t_da tbroulh the oitr. It iI f-tiat.lr ad;t.eent to the ,ropo.edait.. & aeeoDd relinal ,uk iD the ..atena ,ortin of Ota, RaDeh viii .,ovid. a differut t"e of reer.atinal .lped.Dee b, ineludinl oUPlrounda, ,icDie ar..., bikinI traila aDd bora.b.ck ddiDI. " ( '. !J /7-9 ,. r 0, 10 vir,iD, tiab.r or w.tl&Dda oocur OD tbe ,roject .it.. 1o ,laDt. U.tad u .cIaD,erad br either th. .t.t. or fader. 1 ,0V'nlllat are bow to .abt OD th. aiv.rdtr .it.. ° tb. ,ro,ertr 18 ourr_tlr located iD the Gtar Water D18trict (OIID). I.v.nl ruenoir. aDeI _jor w.ter lb.. ui.t h tbe. ar... ft. caUfoBia &lþaduct nu tJarOUfh .th. ,ro,.rtr aDeI ,rovielu ..t.r to OWD. & cODflet. water .tora,. aDd d.li".rr .r.t.. will be CODatructed for Otar Jucb aDd woulel be ,laued to aen. Diveraitr ...cIII. ft. achlclul.eI COIIpl.UOD of a .'CODeI quecluct h 1116 woulel further ...ure th. 1=, t.m a".ilabilitr of ..t.r. ID a_&fr, aele'lU&te ,otable water aup,Uu will be available for IIoth the abort aDd IOD, tem. o & vater nclamaUOD ,laDt will be coutnctlcl to aav. the ... of otar laDch aDd ,o..iblr otb.r ad~.caDt ..... 'b.... of r.clai-.d v.t.r i. ,ropo..eI h the Ot.r Ii".r V.ll.r 'art, commuDitr ,.rka aDeI ,r..Db.lt. eloWDItr.am of ot.r Lat.. '~lie 'UB,u~rt r , o S.v.ral ,ublic ,roup. have .apr....eI .upport of th. ,ropo..eI ClmpUl. !h... .r. iDclueled .. aD att.cbmeDt. AdelitioD.l .a,r.a.iODa of .upport aDeI ,.titioDa viII be obt.iD.eI u the ait. .el.cti= ,roc... continu... S.v.r.l or,aDi.atioDl aDeI di.trict. (inclucl1D' .chool elbtdct.) h... iDclic.ted th'f vill pro"id. .upport upon requ..t. o !h. mana;am.nt of ,rovth i. . major topic of conc'rD in ~r louth.rn CaliforDia communiti... MaDr diff.r.t _thoclll ha". b..n triad throu;hout the r.,ion vitb "arrin, d.,r... of .ucc.... Chul. Yi.t. i. .lr.aelf haDelli., thi. oontrov.r.i.l .ubj.ct tJarOUfh the .eloption of Iþal1tr of life thr.aholclll. 'h... ~eI.t. th. ,rovi.ion of a broael ran,. of f.ciliti.. aDd ..rvic.. wh. c.rtain thr..holclll .r. r.ach.eI. !h. L..gu. of C.lifoBia eiti.. t,caDtlr r.co;ni..eI tbi. pro;um u aD .allllPl.rr .ppro.ch to ,rovth _.,....t. . In .ddition, th. Citr of Chul. Viat.'a GaD.r.l 'laD aDcoura,.. ,rowth that ..pha.i... Iþ.litr of de.ign aDeI ,rovi.ion of 'aD.r.l public b.n.fit.. & Growth MaD.,emaDt Il.-ant ia bei., ,r.p.rad for iDc1uaion b the GaDeral 'laD. : 'iDaUr, th. Otar Juch .lau.eI ~ nllDitr .ill b. . tuidlcl br it. OVD .p.cUic ,rowth ~'IJ....t ,laD. It will r.co;aise th. ~r b_elib of growth aDd iDClucl. ....ur.. to avoid aDeI GODtrol th. eI.l.t.rioua .ff.ct.. & Div.r.itr would proap.r b .uch aD .virGallllDt aDd b. aaaur.d that the 'lU&Utr 01 UI. would, be _iDtablcl ov.r a IOD, ,.doel of U... : lit. _Be..t { o 'h. 400 acr. .it. ia locat.d b the b.art of th. 22,000 acr. Ot.r laDCA. ft. rid,.-top local',olf.ra "i... to th. v..t of lalt Cr..k aDeI th. ,.ntlr rol1iDIJ fi.lc1i of ot.r 1aD~. ID th. futur., tbi. di /7-/0 r o 1o ..jor ..Doia, 'eD,ratora Iliat OD or Dlar the propoaed aa1.eraitr, Dor vUl ncb u... be aUoweel iD the future. 'he 10caUn adjacent to the Olrmpic training Canter, otar Lake, and . ..jor ,reanb.lt ...ure no!.. lev.l. will remain low. o louthweatern COIID1mitr Colle,e 11 . located VithiD 10 IliDut.. of the UDi.er.itr aite. ( { " /7-11 I'J , ." r { III add1t1oll, tbe fllll caçllMAt of DIi,hborJaood ad C ....itr ,arb vill b. iII"Ctllld.d a part of otar IaIIch. 'h... will .rOYide tJae 1101'. trad1t1011al raDge of faeiliti.. 811ch.. .larill, fi.lda aDd ,lanrollllda. 'her ur alao iIIclud. a..dal beUiU.. aDd .rOfrUII .uch a. JUDior Ol,.,1e .rOfr.... ,he Chula 'ilta hDeral 'laD .ad Oter IaIIch 'laD both ,roYid. a compl.t. raDIe of cGlDereial aDd offie. op,ortUDiti.. ill th. ,1D.ral area t...diat.lr w..t of the aaiv.raitr ait.. !bal. !Dclud. Deighborhood ClDhr., larver .,"ialtr cater., r.,iaal ull, IIb.d ue offie. ar.a aDd d..tiDatia offic. .ark. aoada are ,rop.dr loeat.d ad .bed to u.v. tuicl acc... to all UU. I _:lor ,n.lIb.lt .,in. with bite ad .ee!..triu ,atlll wUI a.tad throu,h the ad:laelDt ana to the aaiv.r.itr, ,rOY1d1l1g ..,1. op,ort1lD1ti.. for alt.rlaativ. trllla.ortatia 804... ,he ah.r.itr .it. 11 .Ir abut.. frOll two _:lor ..dieal faciliti... Chula Y1.ta CammuDitr lo..ital, a full .erric. fac1litr, i. locatee! within 4 1/2 &dl.. of·th. .ro,o..d .it.. It i. .art of the highlr rupected Sharp I.alth Car. .r.t.. that a.rr.. all of laD Die,o COlllltr. 'hi. ho.pital uchor. alar,. ..dical compl.. that al.o include. the 11rch-Patrick Conyal..clDt facilitr ud Y1.ta lill lo.pital, a highlr r.putabl. "rehiatric and aUbataDc. abUl. treatment c.nter. Scripps lo.pital i. loeatee! air &dllut.. avar ill dOWDtOWD Chula Yi.ta. 'hi. facilitr include. a full-.erYice ho.pital, ..dieal office. aDd immediate care clillic. It i. ,art of the hi,hlr re.pected, e.tensiye netvork of leri,.. faciliti.. that ..rve the IDtir. SaD Die,o area. Univer.itr 10lpital (a UC affiliat.), Ch11drlD'. lo..ital, the renoWDed Scrippl Clinic ud lalk lnatituteare located vi thin a 30 &dilute drive. o 'he lIIIiver.itr lite aDd adjaclDt Iud ar. located ill the Iv.etvater Union li,h Ichool Diltrict and Chula Yi.ta Il...ntarr 'ehool Diltriet. loth are .e11 r....ctee! ud haye rac.ived Dltioaal aDd .tat. r.colJllition. o o 'fII. Iv..tvater VD10n li,h 'chool D1Itdct ha. tvic. received DlU.al r,colJlli tiOll for the Dbtinpi.h.d .chool of the t.ar. ,It Iau alao r.ceiy.d .tat. avarda ill recogDitiOll for th.ir oatataad1ll, .rOfrUII and facultr. Chula Vi.ta Ilamentarr Ichool Diatriot Iau rec.ivee! ~r .tat. .varda ud ,rut. for itl out.tudin, "1JII.t achoola .ith .rotrUII iIIoludill' ,.rforllli.ng arta, alti-cultval atudia. and lupa,a ..Ulla. It... b.en avard.d '3.5 &dllion ill ,raDt. for the II-I' aohool rear. 'h. Diltdet °lau vorked elo..lr vith the COIIIIIUDitr ill d.yelopill' .rOfrUII for eDmmUllitr a.eda. 'ame of th... iaclud. b.fora aDd aft.r aohool .ro,nllll, l.anúag dilabl eel .ro,rUII, oomputer protrUII, aDd protrUII for the ,ift.d aDd t.llDt.d. \ 1 /7-/.J, /7-"~ It¡. /7 ( Io!!J!:.U ... DU / e~", nH_~: · . I I I , ATTACHMENT 3 Oføu Rand1 ODP/SRP D Part II ~ 4. ~. 11ae \JDI'...l.tt, orCaJlf'omta Regenta baYe ....t'.tiled tbeIr toteDUOn to CODIItruct three DeW \JDtIr....u:y or CaliComIa c:aIIIJIIJIa CMr the IIØt 20 years. ODe or whtcb wtU be .ted to Boutbem CaliComsa. on October 6. 1989. 11ae BeJdwiD CampaDJ mid the CI;y or Chula VSlta JOIDUy aubmltt.ed a .....rOUl to the \JDIVeØItJ ~ CaliCorøIa Board or Reaenta to· IDeate a DeW ~...tJ ...œpua OD 0taJ ItaDch. TI1e propou1 identified a .te Deai Wueate Road øve:rtooIdDI 0taJ I.üea aDd adJlCeIIt to the UIdted SW,," Olympic Tr-Iftt"l Center. DurSD¡ 1992. the Ctt;y or Quia Viata ad San Dt~o CItJ CouDdIa, aDd the Co\JDt;J Boud ~ Su_,1I en a¡.......cd neoluttODa aut'.,ostIDI the wueate Røad __- far a \1DtYeØity. aubJect to HftØl CODdtUODa: DØtaJ)J,y. tb&t a .....It.......ental ~OC~I!I be ccap1eted uaurma the Ide"tt-"CID aDd protecUon or a!¡DtfIcaDtreeourœa. TI1e ODP/SRP Lad Uae Map de11Deatea the Iocatton for a untverIity campua to the areas witbtD vw.¡e e. VIDIIe 10 ad west or Wueate Røad. It ta the tDteDt or tbta ODP /SØP to reaerve the laDd 110 deat¡D&ted far a UDt'fer8Ity far a pertod of tilDe dependent upon pJwed dcveløpment u Nt forth to the umventty polictea below. after which other ueea. .. deICrtbed ber'etD. may be developed on that land. t1nfver'Stt¡¡ .fbIIcIes Q TI1e area todtcated on the ODP /SRP Lad Uae Map .. the UntveI1lity Site hu a primarY land UK deat¡naUon .. a untver8ity atte. At any time. tbta area may be dCvdoped for · \1DtYeØity campua ad &J)CIn-V ... auch u cmnpua-related commercial. realdenUal ad reIéarch mid deveJopment aupport aervtcea. JkIW~.I4". UK orthe.. weat ~Wueate RDad. eat or 0tIIJ Valley Røad. by . campua ta _oI;/'H...... ~ that the UII ~ Salt Creek CmyaD uDc1udtDI ~.m,¡ 81opee¡ . ltmtted to tn1Is. pautve ncreattOa. and to blO1oØca1 mearch aDd educational acttYIUea tit JreeptD¡ with tiãe ptea_ .Mion of aenldtm babitat ad btoloøCal apectea IDeated there. No buØð~ ar atrue:tura abaD be .-..4tteO wtthJD Salt Creek CanyoD. . . Q TI1e U.4....-'ty Site a1aO IIu eecODdaJy JU1d '* deal&D&uons: the 1IDd witbtD V&Uagea e aDd 10 IIu eecomuy land UIIe deatgD&Uona for 'fIllaIe ~ea .. delCl'lbed tit Part II. Chapter 1. Sectioft- N ad Fl0. and the .. weat or Wueate RDad. eat or OÞI.Y VaDey RDad. .... a -=-"'V dWfl"'-tton .. open apace. 'I'bta area III8J be dege1oped Jar untYeI1Iity ~ at any time. 'Data.. may be devdøped far aatd eeconda!y 1aDd uaea 0Dl1 after the dCveJopmeDt or -Weatem Pbuea I, D aDd m: u IdenUfted III the 0tI\Y RIIn@ PbUtng Plan. bU been camp1eted. CampIettoJ1 ~ aucb deftIopment for. 1N1p01.. or thta requtrelDent &baD ~ deemed to be the tIIIN8nCt or buMtng permtta for 7&% or the natdenU81 untta to PbUe I tIIroUgh m. . ~ OclDber 28. J993 Poøe JJ J /7-;/,1 . ,) .- - ._- .~--"-. . Otøu Ranch ODPISRP a Part II ~. "'. a ne pto~ '"1 arUllt4~ developIiIeDt pJID abaD IDcIude aD analysis ar com96Ub~'r.:~ adjacent .w.,e.. c:cmrormaDCe WIth .n public ricWl¡y iDCl\1dm¡ pub. and ......_t~ with the RMP. , I \. . '. Oct.ober 28. J993 IK / 7-~d, J1øte JJ2 , I ':"") ,,"' ' o .iev wUl be oyer tla. Dn ,lIDDed c-.mitr of ot.r lucla. Yo th. aouth. the UDiv.r.itr would oyerlook Otar livar ,.llar vbicla viII be a Dew regional ,art, for the lDio,.aDt of all oountr r..idlDt.. Otar Lake Ii.. immediat.lr to tla. aaat IDd th. Dn Ol,.,io fratDi.g Canter vould bOUDd th. aaiveraitr OD tba DDrth. fb. D.tural lI.autr of W. .outb.na CaI1fonaia aUe mu U a ,dM locaUDII for IIIr educ,UODIl iuUtuU.. . laldvi. 'iat. Ia.od.t... onu. of otar IIIIcb, ud tb. CUr of Chula Vilta ar. ooaaittad to Iud au campaUl»le 'with III aoad-.1c IDvirCIJIIDIDt. 'Ia. aharaitr aite ... balll abO'1II to ..ure the ,ro,er acadllllic IDvir......ut is mDtaill.d. n. aUa is aurrcnmded I»r opan .pac. vitb .Ir tbe Ol,.,io 'raiDi.g ClDt.r looatad t.mIdiatelr D.arl»r. flaia eUmiat.. hCQllPaUI»I. a... &11 thda of laouaiD" comm.rci.1 .r.... a corporat. offio. oompl.z IIId regi.al ..II viII 1». loc.tad vithiD a mil. aUmi.atillg the Deed for IOD, CCIIIIIINte. to amplofm..t IIId ..rvic. ar.a.. A r.gio..1 ,r.lAb.lt with ,.d..trilll IIId I»icrcl. p.tlas viII CODn.ct th. aaiv.r.itr to IIId iIIt.grat. it .ith the r..t of the cDmmUDitr. M.;or roads ud fUiok acc... to a region.l fr"w'r viiI ,Iao. ..;or area. of laD Diego COUDtr IIId H.zico withi. a o..-half hour drive. r ( I.cluaion of the UDiv.raitr i. a compl.t. D'. oommuaitr allow. the ..c....rr infra.tructur. to b. ,rop.rlr ,IIDD.d IIId .ilad. Itre.t.. ..t.r IIId .ever faciliti.., IIId utiliti.. CIII all b. .il.d IIId ,ha..d to a.lur. their ad.quacr IIId av.ilabilitr, eltminatill, the D..d for co.tlr IIId controv.r.ial r.trofittiDg. I. additio.. ---r 'opportuniti.. vould ezi.t to coordinate ,r.ding IIId f.cilitr con.truction r..ultin, h additiDII.I ..vin,.. the n.v UDiv.r.itr .ould b. III htagr.l ,art of a De. oommuaitr. I.r.lr doe. the opportUDitr ,ruant it.elf for III iDltitutiDII lite a UDiv.r.itr to actu.llr 1». ,11DA.d iDtO a oommuaitr. ,he ....fit. CIII 1». ..Iimi..d to ...rrDII.'. advlllt.,.: vbile th. ,otllltial di..dvlllt'9" CIII b. elimiat.d. fIa. Otar IIIIch eammunitr pllll dOCllllleAta vould tuid. IIId provide co.trol over .urrolmdi.g Illld u... for the for.....bl. future. t o A I»ro.d ..detr of cultural IMIIiU.. are a..Uable witbiD 15 mil.. of th. propo.ed .Ue. 'h... hclud.. lnat an Dot lillitecl to, the ---r l1l&I.I11III IIId art flUed.. of lalboa 'art, 'fllPhonr ..U, '111 Di.,o Civic ClDt.r, lil»rariu ud the Old Glol»e !hIater.· o .ecn.U..l facUiU.. IYaUable witbiD 15 .Uu holud. ail water aporta . '111 Di.go I'r, Jact Murphr Itadi_ -... of th. Char,er. IIId ..dr.., I.lbo. 'art. lea World, IIId.a Diego 100. ne Otar livar Vall'r viII be a ra,iDII.I park .itb lar,a .tratoh.. of aotiva ad p...ive ar.... It will ..tlDd from laD Diego "rbor to Otar Lake. fIa. r.gion.l ,ark ia al.o III ht.,ral ,art of Chul. Vi.ta'a 28 mil. ,reenbelt that aztlDds tbrou,b tha oitr. It i. tmmIdiatalr ad;.c.nt to tb. ,ropo.ad ait.. A .acond ra,iDDlI ,ark h th. aa.tana ,ortion of Otar IIIIcb will lFovid. . diff.rent trt. of r.cr..tional azperÌlnc. br iacluding 0...,groUD9. ,i=c are... biting traU. IIId hor..b.ck ridi.g. . J!k 17-~3 ~ r o 1o virgin.. tiü.r 01' .1t1uda occur . tlal ,roject .itl. 1o ,luta lilted.. endaD,ered br litber tbe It.te 01' feder.l ,overaaent are tDoVD to e.i.t OD the UDiv.rlitr lit.. ° tb. ,rof.rtr i. currentlr located in tbl otar 'atlr Di.trict (OlD). 'Ivaral r..."oirl ad..jor .ater lian m.t ia tile. ar... ft. CaUfomi. &'III.duc:t nu tlarou,b tb. ,rotertr ad ,rOYi'" ..t.r to GØD. & C:Qlfllt. ..t.r Itor.,. ad .Ilivlrr .r.t.. will be cODltnacted for Ot.r luc:b ad would be ,laued to .Inl aiYlr.itr ...eS.. ft. .cb.duled COIIIpIIUOD of . lecoad a'llleduct ia 1111 .ould furtber "'111" tb. lOD, t.m av.UabU1tr of ..t.r. I. '-1'1, ad.quatl ,otabll ..t.r .uppUn .111 be availabl. 101' IMItb tb. abort ad lOD, t.na. o & ..t.r r.c:I...tiOD ,Iut .ill be CODItracted to ..v. tb. ...eS. of ot.r lucb ud ,o..iblr òtb.r .di.cut ..... tbl... of r.claimed w.t.r i. ,ropo..d ia tb. at.r !iv.r v.II.r '.rt, cammuDitr ,.rkl aDd ,r..Db.lt. dOVDItr.am of at.r Lat.. fWlHe IUI\~lIrt r . o I.v.r.l publie ,roup. bav. ..pr....d .upport of tb. ,ropo..d ClmpUl. tb... '1" iDclud.d .. a .tt.cbmeat. additioD.1 l.pr...iODl of .upport ud p.titioDl viii be obt.iD.d II tb. lit. ..I.ctiOD ,roclI. cODtinu... lev.r.1 orgui..tioDl ud di.trict. (iDCludiD9 .cbool diltrict.) bav. iadic.t.d tb'r viii ,rovid. .upport apOD raqu..t. o th. maD.glment of growth i. . ..jor topic: of CODcel'D iD maDr louth.rn C.liforni. commuaiti... MaDr diff.rent..thoeS. bay. been tried througbout tb. r.,ioD witb v.rriD, dlfr... 01 .ucc.... Cbula Yi.t. i. .lr..d, bandliD, tbi. cODtrovlr.i.l .ubi.ct tlarougb tb. .do,tiOD of 'IIIalitr of lif. thr..holda. th... maDd.t. tb. ,rOYi.iOD of. bro.d rlDg. of f.ciliti.. ud .."ic.. when c.rtaiD tIar..holda '1" r..cbld. tb. L.'gu. of C.liforni. Citi.. t~centlr r.cogDi..d tbi. ,rogram II u ..empl.rr .ppro.ch to ,rowtb ....'ement. . ID .ddition, tb. Citr of Cbula Yi.t.', GaD.r.1 'lu encour.,.. ,rovtb th.t ..ph..i... 'III.litr of d..igu ud ,rovi,iOD of lu.r.1 ,ublic b.Dlfit.. & Grovtb KaD.,ement Ilemeut 1. beia, ,r.p.red for IDclUliOD ia tb. Gu.rll .Iu. 'i..llr, tb. at.r IaDcb 'Iauld CalmuDitr will be guided br it. ova .p.ciUc growtb maD.,....t ,1u. It .111 r.cogub. tb. ...r ....Uta' of ,rovtb ud iDClud. ....ur.. to .void ud OODtrol tb. ..1et.rioua .ff.cb. & aaiv.r.itr would ,ro.p.r ia .ucb u enviraaDIDt ud b. ..,ur.d tbat tb. tuaUtr of Uf. would' be ..iatai.ed over a IOD, ,eriod of tiM. . ait. I.B"..t ( o tb. 400 .cr. lit. i. loc.t.d i. tb. ...rt of tbe 22,000 .cr. at.r IUCA. ft. rid,.-to, 10c.I!\off.r. vi.v. to the w..t of ..It Cr..k ud the lentlr rollia; fblu of at.r IaDcb. I. tIa. lutur., tlú.. ,.s J 7-.:<1- r o 10 ..jor..Doi.e lenerator. e&i.t OD or Dear tbe propo.ed IDi.er.itJ, Dor will .uch ue. be allowed iD the futur.. 'he 10caUn adjacent to tb. 01,.,ic 'raiDiDI CeDter, OtaJ Lake, IDd . ..jor IrelDbe1t a..ure Doi.e 1..e1. will r...iD low. o louthve.terD CODIIIUDitJ Coll..e 11 . located vitlaiD 10 IliDutu of tbe UDi,er.itr .it.. ( ( ,. rf/ij1 j 7-;(5 . ,I,) r o III .ddiU,., the full ~I_t of a.i,bllodaoocl ad 0 ·~itr paru wUl b. 1laltlucl.eI u part of Otar luach. 'b... will prodel. tile IIOr. trlditiOlaaI rIAl' of faciliti.. IUch.. plarLag fi.lda aDd plarvrowada. 'ber -r alao iDclud. .,.cial faciliti.. lAd prOfr... luch .. JUDior Ol,.,ic prOfr.... 'he Chula 'bta GaD.ral ,IIA aDd otar IuacJa 'IIA botla prodd. a cDlllpI.te rIA,. of COIIIIIrcial aDd office opportUDiti.. iD the ,...ral ar.. immediat.lr w..t of tJae aalv.rlitr lit.. !baa. iDclud. a.i,bborhood c..ter., larver lpeeialtr oaterl, revioul _U, IIbed u. offic. ar... lAd deltiutiem office park. loada are ,ro,.dr located lAd Ibed to ...ure .m.ck acc"l to all u... & _;for ,re.I1b.1 t .pin. with bite ad ped..triu ,atlas w111 eatael througb tb. ad;f.cnt area to tJae tmi verlUr , ,rovidin, ..,Ie apportUDi tin for alt.rnativ. trazaaportatiem ~... 'h. lllah.raitr .ite 18 emir lIiaut.. frCIII two -;for IIId1cal faciliti... Chula Yi.ta COImUDitr Bo.pital, a full I.rvic. facilitr, i. located withiD 4 1/2 IIile. of·tJa. ,ropo..d .ite. It i. ,art of tb. bilhlr rupected Sbarp B.alth Car. .r.tem that I.rvn all of'lA þie,o Cowatr. !hi. ho.pital uchora a larl' IIId1c.l cOlllpI.a that al.o include. tbe Birch-Patrict Cem.al..cnt facilitr lAd Vi.ta lill 10.pit.l, a hilhlr r.putabl. ,.rchiatric IDd lubatazac. abUl. treatm.nt ceDter. o 'cripp. lo.pital i. located emlr.tDut.. a.ar fa dOWDtOWD Chula Yi.ta. 'hi. f.cilitr iaclucl.. a full-..rvic. ho.pital, ..dical office. lAd immedi.te care cliaic. It il part of the bilhlr re.pected, elteJII!.' a.t.ort of 'cripp. f.cilitie. that ..rve the IAtir. SIA Þi'lo .r.a. UDiy.r.it, lo.pit.l (a DC affili.t.), Ch1ldrlA'. lo.pital, the r'DoWDed Scripps Clinic lAd 'alk IDltitut. ,ar. locat.d within a 30 IIiDute drhe. o 'he uni..r.itr .ite lAd .d;f.cat laDd ar. loc.t.d iD the S...t..ter DDioD li,h Ichool Di.trict lAd Chula Vi.ta IlemeDt.rr 'chool Di.trict. Both .re well re.pected lAd hay. received aatioaal lAd It.te r.cogaitioD. the ....tw.t.r UIlÏOD li,h 'chool Dbtrict !au t.ice rec.hed utiemal recogaitioza for the DiltiDtuilhed 'chool of tJa. r.ar. It baa alao rec.i.ed .tat. a.arda iD recogaitiem for tlleir ozatat.RA4~1 prOfr... lAd fa cui tr . Chula Yilta IlemeDtarr 'chool Diltrict !au received IIaDr .tate a.arda lAd ,ruts for it. out.tudia, ..gaet Ichooll vith prOfr... ilacludin, ,.domial arts, _lti-cultural .tudi.. aDd lUfUllelk111l. It has b"D a.arded '3.5 .Ulion in ,natl for the II-It Ichool reII'. the Di.trict '!au warted clo.elr witb tbe ~'Ditr iIa cIe.elapin, prOframa for communitr ..adI. 'ame of the.e include before lAd after Ichool ,rolr..., h.rDiDI dbabl ed ,ro,rama, cClll¡)uter protr..., lAd prOframa C for the ,ifted lAd tainted. , r ~ /7-cJ? ,.. " Ir:\ r¡" ¡, !¡ r I, II, :. _L___~ i ~ " "I 'I ¡ n ~ ! .jl., ,Il.j; .- , L- --. ..- The Honorable Shirley Horton Mayor City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 . Subject: MSCP Dear Mayor Horton and City Council Members: As you know, the EastLake ill area has been actively dry farmed for generations, and it is entitled with a General Development Plan and Development Agreement. We are concerned that the MSCP Subarea Plan not preclude current farming activities and in the future, development as identified in the GDP. Prior to the adoption of the final Subarea Plan and the Implementation Agreement, we request. the following items be addressed : 1. While property in EastLake ill is not included in the preserve boundaries, it is subject to the policies outlined in the Subarea Plan, should sensitive species be identified. We request that EastLake ill be designated a Tier IV Agricultural Land in the Plan. We are very concerned that the Plan, as written now, leaves open for interpretation that barley fields be designated "non-native" grassland, thus requiring mitigation for land that is dry farmed. The process for deciding what Tier-level a property falls into, is not specified. We recommend that the adopted General Development Plan and associated EIR should be the basis for detennining this important designation. In regards to section 7.2.2, Agricultural Exemption, the plan should clarify that this reference is for agriculture lands within the preserve boundary. 2. The Subarea plan, as written, could preclude EastLake fi'om constructing parks or other active uses that are allowed by the Adopted EastLake ill General Development Plan, in areas adjacent to the preserve. As written, the Plan would allow jurisdictions other than Chula Vista to determine uses in the open spaces in EastLake that are adjacent to a preserve area. We believe the Plan should reserve for Chula Vista and the adopted GDP, the ability to specify uses on land adjacent to preserve areas. Specifically, Sections 6.2 and 6.3 are unclear as to the buffer requirements for lands adjacent to the preserve and should be clarified to allow the adopted GDP to be the guide. 17-3ð' hr? /) ? ß 1:::~ , " ; ;_-J' ; -.--...---- I J I ¿ ßL f .-r EASTLAKE DEVELOPMENT COMPANY 900 Lone Avenue Suite 100 Chulo ,"sto, CA 9191~ (619) ~21-0127 lAX (619) ~21-1830 Mayor Horton May 21, 1996 Page 2 3. Section 4.1.1.8 should clarifY that preserve lands in EastLake are located in EastLake Hills and owned by the EastLake I Homeowner's Association. This land was studied under EIR 81-3 (noted in 4.1.1.8.1). However, all other areas in EastLake, specifically EastLake m, have been studied under subsequent EIR's such as 86-4 and EIR 89-9. 4. Section 6.5.4 should be clarified to contemplate the extension of Orange Avenue, east to the Olympic Training Center. 5. Section 7.2.4.1 suggests that all mitigation requirements generated within the Chula Vista Subarea must be mitigated within the Chula Vista Preserve. The nature of our relationship with Western Salt facilitates the opportunity to mitigate possible EastLake impacts on other Western-owned properties outside of the Chula Vista Subarea. This draft plan should contemplate that potential scenario and not restrict how mitigation is achieved. 6. On Table 3, the chart indicates that ifzero (-0-) acres ofland are taken of non-native grassland, then a one (1) acre mitigation is required outside of the preserve boundary. Perhaps this should be reexamined. 7. Section 9.1 of the Plan suggests that minor adjustments to the plan require USFWS approval. In the event that minor grading impacts in EastLake Woods changed the Plans boundary, it should be the goal of the Subarea Plan to allow that change to be entirely within the City's jurisdiction. Thank you for your consideration of these comments. i~ Project Manager KW:sg f:\aIbare'ltaly'cDocp'21.cIoc /7-31 ~)1 1¡ I .~: May 28, 1996 COUNCIL INFORMATION MEMO TO: Honorable Mayor and City Council FROM: John Goss; City Manage~ Bob Leiter, Director of Planning ~t SUBJECT: Correspondence Regarding Otay Ranch University Site (Agenda Item #17) VIA: Attached are two letters which have been received regarding the above referenced agenda item. Staff will be addressing each of these letters in its oral report to Council on this item at this evening's meeting. (F9\mscplett.cm) /7-40 05/24/96 FRI 15:11 FAX 503 672 2716 ~ REGION DIRECTOR... 14)001 ~..:Jt:I·(Æ!.C·flb P.~ .. .....' "fI '.' . . ;j! tT. S. PiIh cI: W'iIcIIifiI S~ce Bastlide F~ (;omplel( SIll N.H. 11th AYaIUe , " PortImd,0RlOi197232-41111 May . l~ CA Dept. of'F'1Ib IIId Game 1416 N"lDth StRct P.O. Box '44209 Sactamlnto, CA 94244-2090 W Œ MAY 2 4 1996 Hœo5;,1e SJIirley ~011 Ma ofdle CRy ofCJmJa ViJta 276 .. Avaue ChuJa! sata. CalHbmla 91910 Dear: l1Jayor Horton: The Ca!ifbmia PcplilUd..4 ofPish IDd Game Iftd the U.S. Fifh aDd Wild1ifå ServiCÎc: æcou. the WilcfIi.- A¡...~) BPprecàte the sipfkaat .tfort the CIty of ChWa Vlata (City) hu d. in deveJopin¡ a CIwla Vilta Subarea Plan f'w incorporition ill.to the Multiple S~ ticm Pro¡ram (MSCP) plan. It appean that we are in lipifl-.at a¡ro...1IW 011 isauea . rela~ to the f'ulun: I1Od¡\¡nwoJl of the prc'tll'VelDd the habitat thAt will be ~ £or take putlUl¡Þt to Natural Comrmmi~ CocservllÌOA Pt.nnitt¡ (NCCP) Act IJId the State and Federal EnIfinFed SpIICÌe'I ActI CICCõCpt with nprd. to the \lie of Salt Cmk land II a fInurc uniVWlity camPul. . , , . . 'DIe propoHd uaMrlÍt)"lIÏtc .. d~'bgd ill. the 0t8y Ruah Project', a-.1 DeveI.pmem Plan iøclµdcs Iaada within vm... 9111C110 and poniOftl of SlI.t Creek IISterl, to Wu-. Rold. The ~y Ranch IllliverlÏty site was selected to provide the local community with ID~· to actively pursue the 1Î1:ÏD8 of'l UniYenity or California campu. or limIIar u' . witbin the Ci . . , .~ , , . The WlIdlifi: Aàeneiw ha". UlI!yød ~ biolo¡ica11'111OUrCe5 present 011 1l1li portion of ~polCd uniwtSity lite eat or Salt Creåt. The IIII1yú provided to the City It . meetiø¡ , the Wlldlif'e ~cs and the City On May 21, 1996, Indicl1a that tile propoød cScveIc:jpIMat 011 the aìt.e would rnult III IUbltlriol mvera implCtl to rw¡iona1 pop\I1I.dou of CalltDrAl.. ptcatcben Iftci cum. 'WnDI. At.. RIII1t of'the lIII1ysi.. die City .nd tile Wildlife ApJIaiw. have IIf"d to identitY Iltematfw __ to ICOonm.Âlto a university within the City'. IPh~ ofi1lfiuence. 1teIøcatioø of'the UJIiwrsitY m will cnsurw that aD (}tay lWK:.b proj_iaodl in SIl. Creek and cutwly to Wve.teBoad (WuateJt.oad;F)operty) are coucned u pan or_ MSat plan. A1tcitM DB in tho CitY. Subarea Plm·deaipt.. this area U COIIMI'Ved 1114 it ~~_~)'Md At IUQh ÎII the MlO', ~.I tlncumenb under the MHPA altemative. Al-¡ïve IIA in tha City'. SubIlCl PIIII will a1so be l88Iyzed ill the en.viroJImcntal ~ I COI 'NCIL OffiCES Cf'"~L~ VIS1A CA MAY 2 4 /996 ~ :.'- /7-~/ OS/24/96 " FRI 15:12 FA! 503 872 2716 I I I REGION DIRECTOR ....---..-'~fJ.t:I ~002 1".03 , .-' .. ~Ja S1tIrIcy~ ~2~1!11!i16 Pap , ThI Wildlife ÅpÞcÌes ptvj'OH that th. panies dcwJap a ~\IQ oft1~ ' (MOO) that .... out .,.. nA" ~Ø\8 und... which IJ1 a1tenaattve uniYWlity me i. fd~ed aad ICqUirK. TIle W'ddlite Aaen;iea propose that tho fDUowin¡ principIa ¡uide the cIenIdpma of'&h8 MOU: · æ·a to the MOU wiI1 use their bat IIft'ona IIIcf avaiIab1e rtSOIIrCeIlo CII1'y ~ thIÍr . . obJlptiœa U1ICIér the MOO; · 11IeI on th. Il~ mlt.e..dt)' .1riII be &mirad to jt¡ .... II a1lllivttraity wbiI:h would be at IIIIt equivllaltlD a C.lifomiA State tTniwnity ill ItIture and ~o;:.tioDeI ptOII'ImI; · Iazd açqWåti011l1Z1C1 excMa¡a will b, carried aut cW.ïIlLwl1 with the State Ud Fed_Jaw.. re~ UIII ftIles fbr mch trII1IKtioDs;' '.' · quisition rrfthe Wueste had site II a cns- ..lÎte would be ÏII the pnm1 time hnw ofitl ~~pated transter to the PreMrw OWMl' ()pQ¡4tQt II datailed ill the SeGtionel P1aD Area · ~ reIOI.Ißea to lauIre the Wu..1\uad site may ",me from . wriGty of IOImItI, ånG1uÚ16 ... 1ZIe! 1WeraI appropriation. ad land baldinp, and cnhcr IOUtCU ulOCÎated with ì~1IInfIIW¡;1ion otthe MSCP; · tht acquÎlition oftbe Iltemate unr.~aitt lite will be continpnt on appropriate 8:InÏDI oftbe IitF by thuity; and . , · ~ documeru ~ tin: allcIøato 1UIi....ït, IÍW to mo ~ will ÍllcJucle . Ìwvenicm .. wIúch iDIIorpome. the time ftUDe for deveIopixIa tho UIIÎVer1ity .pec:ifled ÏII the Otay ~ GencaI DlMllv.....wt PIaD. The WiIcI1ifè A¡enci. would 1ikc 10 move fbrward with GOmplctin¡ the MOtT reprdiD¡ the \Il4ÏYWhity IIIIIJ wewwld apprecWe the City id....4ii}-ia¡ 1lAY1t1lJ'1 that will have to be tabD. prior,. clcvel~t of tho MOU. , i Mr. Gail Ko~ch will lit tbe V,S. Pish Md W'ald1ife Sr.;c. ..olltal;t IIIIIf lY.Ir.lCOII Kempel wiI1 ~ the DepIutmm:¢ ofFish &ad Ouœ GOIttUt Cor üv.lopin¡ the MOO. They eara be . ~.. (61'> "31-9440 and (916) 654-9910, n&peatMl". SincenIy, Spar Cjr¡al DirIctor U.S_ fish and WDdIi1it Servil:l < ~ ~-:¡;~.., () ItosWd D. bnpll HCCP Proa.am Mena¡cr CIIifònù. Depanmem otPiah IP\d Chwr: "= S. next P.... / 7-.£j~ ~ --~~~;~~~6 FRI 15:13 FAX 503 872 2716 , .. "-' . . ~~SIIìdey~ ~~,1~ Pap 3\ . , cc; I Mr. Gail ~belieh I U_S: FIah IGd Wndlife SeMc:e : Sacramento. CeIifbmia Mr. Mcbu1 A. Mwe11 n. Raourc:u Apa;y SKrIIDeAtO. C4Jif'omia ¡ MI. lWIra SCQtlwou¡ñ , City of San Dieao SID Dl.¡u, OIliL'urala Mr. Jlobert ~er ¡ City ofChula VISta : Chula Vista, CaIiforuia Mr. MaJ:ç EbbÙl Dtplt'tment ofJnterior San FrancilCO. CaIìfonù. ø.ý ~: 3/d Jj"rr"~ ! ' REGION DIRECTOR . 1aI003 "'--""c.c:rJ.1I;I I"".~ / 7-43 TOTAL. P.04 : l ENDANGERED HABITATS LEAGUE Dtdtaz"" to/lit Prø/miøn ofC- Sop Saw...., 0/"., 1''''._ E"'"YO_ Dan Silver 0 Coordinator 8424A Sanll Monico Blvd. 11592 Los Angeles, CA 90069-4210 TEL/FAX 2130654 01456 May 28.1996 Mayor and Council City of Chula Vieta 276 Fourth Ave. Chuta Vi"... CA 91910 RE: Multiple Speåes CONelVation Program - OIay Ranch Urûversity Site (Hearing elate May 28, 1996) Honorable Mayor and Coundlmembers: The Endangeœd Habitat. Le~e would like to submit the following comment. into the record regarding the Multiple Speciee COIIIeI'Vation Program (MSCP) and the Otay Ranch University Site. The League ÎII an organization of conaervation sroup. and individuals dedkated to improved land .... pJannin&. ea>ayItem plOlection. and coU4Iboralive conflkt resolution. We lie committed to the .UCCI!IS of tne Multiple Species COlUN!fVatlon Program, and hope that tne City wll1¡r¡ain the envirorunenlaI and eronomic benefit. of this compn!henlive approach to endangered apedes tluou¡r¡h its Subarea Plan. 1. ConservatIon requlJ'tmentslll.tnclate preservation of all 400 acres east of vWase.9 and 10. Salt Creek Canyon baa long been rec:o¡r¡nized .. an indispftlNble comeratone of a regional epecies protection plan. According to the OIay Ranch DBIR. "ThiI area ÎII the richeat on the ranch with regard to California Gnatcalcher and c:actua Men. Salt Creek Canyon supports 26'10 (38/1") of California gnalcatcOO pointa of OCCUl'R!I1I;e and 62'10 (37/60) of COllltal c:actus wrm locationa. Salt Creek ÎI aI.o an important raptor _ouree _ and support. Ilel\lÍtive ¡pedes such a. oranp-tluoated wbiptail, northern harrier, ferru¡r¡inou. hawk , goldei' eagle, prairie falcon. lieU's lase .penow, and blue psbeak." The DEIR conduded that Salt Cn!ek Canyon contained "Non-mitipble coastal lage Ja'Ub/maritime .ucrulenllaUbthat ehould be pmerved as natural open space." During project m<iew (Jetter of Nov. 13, 1991) the US, fish and WUdIife Service lilted, "The Service, COI1I.'ÌuJ that the propoNl to plaœ the university within Salt Creek CltI)'On Is a ligniftcant and UNnitigable impact. SubttantiaI populatioN of the propo.ed mdangeœd California gnatcatcher occur within this location. ThiI aite repreøent. a major core population of this .pecies. A preUminary us !NJ:IleDt is that .uch a propoNl would fail to meet the requimnenll of a 10(-> permit punuant to the Endansered Species Act." From th~ above. It illbundantly de.. that III 400 acre. of Salt Creek Canyon must be preærved. .. part of the Oty'. MSCP Suba1:ea Plan. To reduce it in IÎU to 288 IICnIL .. propoted in one option. would ca.... unmitigable impact. to . am! resourœ iIIt& and would jeopardiœ tl1e CaJifornia gnatcatcher. ÚI regard to potential reductions, it should be noted that In their reœnt (April 14, 1995) _Simien! of the OIay Ranch project rel.tive to the MSCP, the Service c.uect for addition.' protection of Salt Creek Canyon heyond that .hown in the General Development Plan. Thua, in order to / '7-71'1" ·~ . adequately preserve California gnatcatcher and coastal c:actu8 wren.' it Wall NtOlIIDWnded to "Pull development back from Salt Crftk to provide buffem and avoid 1mpac:tJ to habitat In lide drainages.' Any reduction in acreage should be ronside.red out of the question. 2. "PuJChaae' of all or put of the toO acres present. aenous l.pIa. public policy objectIolUI. The conditioN of the approved OIay Ranc:b General Develop1NlÚ Plan dic:tJlte that Salt Creek ÙI dedic:ated public: open ap_ IJ:\d that any univemty u.. of thia lite aha1I be limited to ac:ieœific: mearc:Þ only. TN8 pubUc:ly dedicated open apace wain ~ for the INIUÍve UPZOlÚD8 pnted to the developer and _ part of the project'. aùtiption oblq;ation for impllCla under CEQA. To now have the people of c.lifornia and the people of the UlÚted States 'purc:haøe bat;k. thiI"'"dy dedicated, ".Þlic IrnuI would c:onßid with previous juriJdictiot'lal ac:tiona and would be indefena'ble both Je&a1lY and from a public: policy IIW\d.poiN. FurtheralOre, if a private party were eventually enriched u put of ."ch a tranaadion or land exchan&", it c:ould coNtit "te: an i11e:p diYcnlon of """lie equity Eor which the retpol\lible e1eaed offidala could. under lhe law. be held penona1ly Uable. We atrongly urge that the City continue to desipate the tOO acret of Salt Creek for the public benefit purpose of natural open .pace and that it include thia dedicated land iI\ it. MSCP Subarea Plan. Thank you for c:oNiclering our viewt, and we would welcome the opportunity to WOIk with you on your Subarea PIan. Sincerely, Ã~ , Dan Silver, Coordinator /7-45 i ];-£/7 / '7 ,I 'I ENDANGERED HABITATS LEAGUE. DøI/aIkd '" lht:_tfC-"" .__ 0tIwrn. . ~ DuSll_ 0 ~tor 842.4A s.nta NonIta Blvd. 1592 Lœ Angeles, CA 90069-4210 TEL/fAX %130654-1456 May 28, 1996 Mayor and Cound1 Cty of 0\u1. VIsta 276 Fourth Ave. Chula Vista, CA 91910 RE: Multiple Species Coneetvatlon PlOgrllm. - OIay Ranch 1hùVI!røity Site (Hearlng date May 28. 1996) Hol\Orllble Mayor end Cø1uIciImembIa: The Bndange:re<I H..tIIbh ~ape would IiIœ to aubmlt the EoUowing 00IMIe'J\tS Into the record ~ tbe Multiple Spedø CoNerYatlon Program (MSCP) and the 0U:y RaIIcl\ Unlvenity Site. The t.e.gue Ie 11ft ~n of ......."atlon pups ancIlndlvidl1Ø dedicated 10 Improved lend UR pWlnm& _,...... protection, IIftd colbbondive eonIIIct raolution. We ue œmmItted to the 8IJCœIS of tne Multiple Spedee CollØ'\"ation ProrIm. and hope tMt the Oty will pin the envit'01UlU!t1lll1 and economk benefits of thIa compJeheœive applOlCh to encl8ngered Ip!des through its Subarea Plan. , 1. CouerYatiOD nqa.UeDleIlts......d- pn.Je4dtioD of.n 400 un. _.of VlUap19 and 10. Sùt Creek Cmyon 1Il1o long been ~ .. an indI8pePoable comerotone of aægionaJ øpeciet protection pI81\. Aa:onIina to tlw OIay Reach DEIR. "1ñIa area Is the richest on the ranch wUh regud to CIIIiíomIa Q\atcatcher MId CIICI1I. wren. Salt Creek Canyon oupportI26«. (38/1«) of c.1Itornia gnat~atcher po1ZIta of ~ and ~ (37/«J) of coutti ...uü wrenlocatiollll. s.lt Creekia aIao an important raptor I88OI1lC8 __ and supporta __live JpecieI IIUd\ as oranp-throatecl whiptail. no1tbem harrier, ferrusJnouo hawk , soJdm eaaJe. prairie feko.., Bell'. -se sparrow, and blue poabeak.· The DI!lR COndl1ded that SoIIt Creek c.nyoa contolned ·Non-miti.gable coastal ""8e øcrub /maritlme øua:1ÙI!n1 øcrub tl1at øbouId be y._o.d IS oat11ral open "II""" DurIng project revIew (Jetter of Nov. 13. 1991) the U.s.l'Iøb and WildIîíe Serviœ alated. 'The ~ CON:IIJI that the propoul to pI.. the wûversity wIt1ún SaIl Creek Canyon Is II IlgnIficar¢ ....d \lDlrlÏlÏgable impact. SUbstantYI populatioN of the plOpOøed endanplVÔ California gnatWc:her ocaø:. within tlU ,^",tf"'l.. ThIs lite 1~p1_d8 . major con! population of thIa 1¡>CCÌC8. A prellrnhuory _1IIftt Is tl\IIt 1IUCh.. propollll would fall to !!wet the nquh.....~oII of a 10(a) pemút puøoumt to the EndaI¡eæd ."..... ltd.." . I'Iom the above, it ill abwIdAnt1y clear tl\IIt aD 400 IIaeI of s.It Creek Canyon IIIWIt be prdk. 4ed .. part of the aty'a MSCP Suberea Plan. To nduœ it in tùe to 288 acnø, .. propoøed ÏII one option. WOII1cI cause unrrdtIgøbIe Imp&1ø to . coæ IeIIOIU'œ area and would eopmtize the CalilornIá patcatd1er. In reprd to potenl1al ~IIdICIIII, It oboWd be noted that In their .-'t (April 1.4, 1995) un_1ØIII. of the OIay Ranch prooct relatIve to the M5Q>, I'" SClrviœ called Em: ..'¡itlo1ltzl . protection of s.It Creek Canyon Þ¥mf that abawn In the General Development PIm. Thua, In order to /7- ijþ ..._,,--_._._-------~-_._-_._.._- . , .. adequ.tely presemo CalIfornia pcatcher and coesu1 cacI\I8 wren,' it w.. ...............ocIecI to "Pull developtnel't bad< £rom s..It Cft!ek to provide buffen and avoId impacts to habltalln side drainases-' Anyreðødlon In _. .bould be CONicIezed out of the c¡ueøtioa. 2. "Purdwe" of all or part aI. the tOO _. preteDtlleliout lepl aDd publk: polley objedloDL The œndltIorw ot the approved Otq Ranch General ~,Mo¡m:- Plan dictate tNt s..It c.:..ek . dediceted publk: open .p_ and that my urd.verIIty uae 01 th!8 aile ahaII be lúaited 10 IdentiIk " nre .-.:I.OD1y. ThIa publicly dedk:a1ed open IpIICeWllln ~ forthemaallive ~ 6'-~ to the deft10pw and wu pIIrt o£ the project'. ~ion obUgatIøn lot impaet. under C1!QA To now n- the people of CaIIlomia and the people o£ the United States 'pwx:hue back' IhiIo IIlredy deiiellted, ,ùUe lttnll would contUcI with pmIouJ juriJcliakmelllåloll8 and would. be indelenIIble both legally aDd from a publk: po\lcy 1bmdpoInI. I'bållCLUade. If a prlvale party W1!!1! eventually enrlched u part o£ IIIch . tnnACtIon or la1d exduqe, It could COIIItitute an Illegal divenIon of public equity lor which the n!8poIIsIble elected ofllda1a mufd, under the law, be held peøonaIJ.y lIable. ' Welltlm\8ly urge that the Oty mlllimte to dealpate the 400 &cII!I of s.1t CnIIk lor the pubUc beJIeflt purpoee of naturaI open øpaœ and that it Indude thIe cIedIc:ated land In It8 :MSCP 5ubarea PIIIX\. Th8nk you forQQ\dedn& our vIewe, and _would weIconIe theopportUDl1y to wod< with you on yourSubaEeaP1an. Sincerely, , ~~ Dan SIlver, ComdiNIor /7-L/7 'IDly~ ~u1tidpal <!Loud SOUTH BAY JUDICIAL DISTRICT COUNTY OF SAN OIEGO. STATE OF CAliFORNIA 500·C THIRD AVENUE; CHULA VISTA. CALIFORNIA 91 ~1 0 TI-' Ii: fe' r~ 1'/ "-I:···~'· r·· I I n I I!¡ ~lli It, ',' I:' , ¡: i >< :~·_··'---_·~'~···"·:'-i! I' 1111'I í, ' ! I . ,. Ii " ¡ 2 ",' I U I! ..1.11 f) IGOr" I: I, ( '. ,;, ' ~---,' I' L, fELEP'~NE cõjï¡ëiC¡jiTrëf:.;--'SWI 691 4770 I _iiilJ VISTA. 'CÀ (6191 ~~l4438 CHAMBERS OF THOMAS C. HENDRIX ..uooE Of THE to4UNICIPAI. C()I.-'IT May 15, 1996 Shirley Horten, Mayor City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Re: Board of Ethics Candidates Dear Mayor Horton: I interviewed all of the candidates for the Board of Ethics Committee position. I have rated the candidates in the following order of preference for the position: (1) Chester S. Devore (2) Jean A. Rogers (3) Juan R. Gonzeles (4) Oscar Traubel (5) Ted Kenn.Jdy (6) Lorrainr. ?-:!mirn (7) Jack Swift (8) lìuth E:lan Parker (9) Judy George If you have any questions, please do not hesitate to call me at 691-4770. Sincerely, . ,ad7 MAS C. HENDRIX ' Presiding Judge TCH:ifk \C\~-\ -I PRINTED AND MAILED AT PRIVATE EXPENSE ~ .' INFORMATION MEMORANDUM ! TO: May 9, 1996 VIA: Honorable Mayor and City Council John D. Goss, City Manager ~t...~~ (~ FROM: Michael T. Meacham, Conservation Coordinator ext. 5122 SUBJECT: Residential Refuse and Recycling Survey Attached for your information is a copy of a residential and commercial refuse rate survey for the seventeen San Diego County cities with franchised refuse collection (Attachments A and B respectively), The survey was produced by Mashburn Disposal and reflects a range of commercial refuse rates from $70.81 to $97.87. Commercial rates are all based on once a week collection of a 3 yard refuse bin Ch~la Vista currently has the third most expensive commercial rate. ~\ The,¡survey also reflects a range of residential refuse/recycling rates from $13.09 to $19.88. Chula Vista curlently has the lowest rate for standard residential service. The cities listed all have comparable once , a wþek collection for residential refuse, recycling and yard waste with the following exceptions: I En~initas, Poway, Santee and Vista have a less expensive single can refuse option. The refuse/recycling rates include the collection of mixed paper in all cities but the following: Carls bad , Chula Vista, Imperial Beach and Oceanside, (Oceanside collects corrugated cardboard). El Cajon has not implemented their residential yard waste collection program. The cities listed in the survey are serviced by the following private waste collectors: Coast Waste: Carlsbad, Del Mar, Solana Beach (residential only) EDCO: Coronado, La Mesa, Lemon Grove, National City LaiWaw Waste Systems Inc.,: Chula Vista, Imperial Beach Ma$hburn: Encinitas, Poway, San Marcos, Vista and Solana Beach (Commercial Only) ~X (Waste Management of North America): El Cajon, Oceanside, Santee Escondido Disposal (EDCO & Mashburn): Escondido Th¿Conservation Coordinator is working with the Solid Waste Technical Advisory Committee to confirm the~uoted prices. The Conservation Coordinator will conduct another rate and service survey in July after more cities have completed their annual solid waste service and rate reviews. Attachments mtm:cas-rcc rate-inf.mem ;;)fJA -/ q' :"',,'. , .. ~ , '--"-, Camftllll!Pl'Ÿ.1 v...... (Attachment A) , ) c:abÌ.c: ywcI, l11ø 1* .... pic* 1Ip ~ CuIIbId QmIa Villa Q)..;¡..ado Del Mar, m Q¡joa ~. 'I:t .d.~h. t"'t.......... Unnth1v .... JlDpñ1'" uYla 1- Groft tofa.w... City O'---"ñ&o rl11.r1 91.62 72.~, 13.91 'IS.25 '76.68 " .,0 ., II 10.13 13.2' 71.23 ' 17.06 90.07 10.74 11.41 92.86 0\, No ,-"teeS Jaœ 70.11 aa.S4 , Poway Sa Marm SID_ IøIIa& IadI VISII .......,. lIIOGIbly ,.. . SC.47 ,I ¡ JDe::;... - d..... I ~, lr'u /' Attachment B SurWJ of Solid W~, '1 I aa.._ JtaIet ]a Su Dicp ~ l i (UI:h.- --. '..J ~ of Saa DiIF CD. Au CIty of.. D6eeo NcIC I ~Heð) - .. 61..... c:.rn.t )b. m.,ih. DIde CItJ ... .. .. .... 7-1-94 . ~-L..~~ '15." . 4.5. at........ \ 110 1·146 CWI Vila 13.OP .. of tip ill & I' ...... 1-1-96 CœiOlllGO 13.19 ).5. at IICII. II v· 2-1-96 Del Mar 15.33 SA af 111*1 . '-~ 1-1." BI Q¡cIa 1$.04 7S ""llllry- 6-1-96 :II I-Iou, , '.14 ...._ S. oflr:ltll ~ J4.~ ._ 11·1-9$ Fn Ih 14.06 lOll vi adIIIId n:r- 1·146 --J 11M' Belch 11.. PIa dIIUIr . -.. 7·1-" La~ 16.5S .. 0( ..,.¡ II '0 t. '-I.os LeIDcII awv. 16.45 Mat....... .'-d 6-30-95 IJt.v-1 City 14.15 '5. all.... 1-94 0--". 19.a 1. (III WIll -..4._ 7-1-96 lowly '.03....... . SA oa. tall!. . 1P"" 14.71.._ HoPS so MIRos 15.12 5. 011 ...... ~_ 1tIW'.. 1·1.0116 SIII1ee 14.S1O_~ ". 011 ..,.¡ . v IS." IM~ 22.92..~ 7.1~ IoIInaIeld1 ".n 5.011 ..., __ 7·1"" YIJIa 13.96 ....._ 5. 011 __ rlif 11-" 16.37 ._ ~.)-( It(. ,30- .;;20ú..-3 , I COUNCIL AGENDA STATEMENT Item ~~ ~ Meeting Date 5/21/96 ITEM TITLE: Ordinance ~'-'î1 Amending Schedule X under Section 10.48.020 of the Chula Vista Municipal Code - Speed Limits in cenain zones, and establishing a speed limit of 35 mph on East J Street from River Ash Drive to Paseo Ranchero REVIEWED BY: City Manage~ , (4/Sths Vote: Yesßo..xJ SUBl\UlTED BY: Director of Public Works Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Chula Vista Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on East J Street between River Ash Drive and Paseo Ranchero be established at 35 mph. This is a companion item to the all-way stop at East J Street and Paseo Ladera. RECOMMENDATION: That the City Council place the Ordinance on first reading, amending Schedule X, Designated Speed Limits, as authorized by Section 10.48.020 of the Chula Vista Municipal Code, as proposed to be revised, establishing the speed limit of 35 mph on East J Street from River Ash Drive to Paseo Ranchero. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of 3/14/96, voted MSUC (Miller/Smith), to approve staff's report, support staff's recommendation and recommend to the Council, to place an ordinance establishing the speed limit on East J Street from River Ash Drive to Paseo Ranchero at 35 mph and to have staff peñorm All-Way Stop evaluations at the intersections of East J Street and Paseo Ladera and East J Street and Cordova Drive, and return at the April 1996 Safety Commission meeting with a report on these two (2) intersections. The Safety Commission at their meeting of April 11, 1996 voted 4-2-1 with Chair Liken and Commissioner Cochrane voting no and Commissioner Acton absent to install the all-way stop at the intersection of East J Street and Paseo Ladera, contrary to staff's recommendation to not install the stop sign. Under a recent Council policy, if the Safety Commission and staff are not in agreement, the item will automatically go to the City Council. Staff anticipates bringing the item to Council by the end of May. DISCUSSION: The City Engineer has determined the need to establish a posted speed limit on East J Street between River Ash Drive and Paseo Ranchero at 35 mph to comply with the California Vehicle Code (CVC), Section 40803, Speed Trap Evidence. Section 40803 requires ;\:;8~ , Page 2, Item_ Meeting Date 5/21/96 evidence that a Traffic and Engineering Survey has been conducted within five years. Staff has completed a new survey which is now in effect as of 2/28/96, and expires on 2/23/2001. Every 5 years the existing speed limits will either be verified, increased or decreased depending on the results of the survey investigation. The Engineering and Traffic Survey should contain sufficient information to document that the conditions of CVC Section 627 have been complied with and that other conditions not readily apparent to a motorist are properly identified. Physical Conditions East J Street in this area ranges from 36' to 50' width curb to curb and is a residential collector street with residences fronting on both sides of the roadway. Most of East J Street is striped with a two-way left turn lane striping, leaving one lane in each direction with parking on both sides of the street. Without street lights, the roadway design speed of this street exceeds 35 mph except in one location where it would be 30 mph. This section east of Paseo Ladera, between Cabo Capote and Camino Miel, at Camino Atajo, has a 200 foot sag vertical curve with a design speed of approximately 30 mph. The design speed is dermed as the speed at which a driver's eye height of 3.5' above the roadway can see a 6" high object in the roadway and come to a complete stop. With a sag type vertical curve, night time visibility can be enhanced with a street light and the design speed deficiency eliminated. At this location of the vertical curve, there is an existing street light standard in this area which benefits night time users. Due to this method for determining design speeds, motorists do not have any difficulty seeing other motorists or pedestrians in this area. The Average Daily Traffic (ADT) on East J Street in this area is 2,520. Because portions of this section of East J Street are newly opened to the public, we have no accident history for the entire length. On the portions that have existed for the past five years, we have no reported accidents within that time period. The Engineering and Traffic Survey for East J Street recently completed by staff in accordance with the Basic Speed Law (Attachment A), and the Speed Limit Establishment Process (Attachment B), shows an 85th percentile speed of between 37 mph and 40 mph. We have no accident rate to compare to the statewide average of 2.07 A VM (accidents per million vehicle miles) for similar roadways in the State of California. Based on the above data, it has been determined that the speed limit should be posted at 35 mph in order to comply with the California Vehicle Code requirements or else this roadway is considered a speed trap and police radar enforcement of the posted speed limit cannot be legally conducted. The following sections describe how staff determined the most appropriate speed limit for this roadway. Area Resident's Concerns At the Safety Commission meeting, the area resident's expressed some concerns regarding the prevailing speed of traffic. Staff and the Police Sergeant explained the Basic Speed Law and the Speed Trap Law and why there is a need to have justification for the posted speed limit. The residents expressed a desire for continuous police enforcement of the posted speed limit, which is occurring, and requested all-way stops be considered at the intersections of East J Street and Paseo Ladera; and East J Street and Cordova Drive. At the Safety Commission meeting of April 12, 1996, the Safety Commission voted 4-2-1 Chair Liken and Commissioner Cochrane voting d ~ t3 ..a.,. Page 3, Item_ Meeting Date 5/21/96 no and Commissioner Acton absent, to install an all-way stop at the intersection of East J Street and Paseo Ladera. Enfor~ment Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone. Realistic speed zones tend to minimize public antagonism toward police enforcement of obviously unreasonably low speed limits. By posting and enforcing the appropriate speed limits, local authorities invite the public to comply with the reasonable behavior of the majority of the public, while giving a clear reminder to the non-conforming violators. These regulations also offer an effective enforcement tool for the local police by clearly distinguishing the intentional violator from the reasonable majority. The Police Department does have a protocol for streets in which the speed limit has been changed. This protocol includes increased enforcement by both the traffic bureau and the unifonned patrol division for several weeks, depending on the need, and includes both warnings and citations when appropriate. The police department also sets up the SMART unit (speed display trailer) in the area in an effort to educate the public in recognizing that the speed limit has been changed. This trailer also displays the vehicle's speed, thus providing a warning to the motorist. The recent police enforcement in this area has resulted in both citations and warnings. The establishment of a speed limit of more than 5 mph below the 85th percentile (critical) speed should be done with great care as this may make violators of a disproportionate number of the reasonable majority of drivers. With all of this information taken into account, staff has carefully reviewed the facts as they relate to the posting of speed limits on East J Street and recommends the proposed change at this time to 35 mph. City staff has proposed language for new legislation which would revise the California Vehicle Code to include a new defInition for residential collector streets, like East J Street. The revisions would establish a 30 mph prima facie speed limit in these areas by the defInition of a residential collector street and not by the prevailing speed of traffIc. With a prima facie speed limit, there is no need for an Engineering/Traffic Survey to be conducted in order to post/enforce the 30 mph speed limit by radar. CONCLUSION: Recently, Chapter 10.48 of the Chula Vista Municipal Code was amended to establish one schedule (Schedule X) of designated speed limits to be maintained in the offices of the city engineer. Therefore, the list of all speed limits will be maintained in new Schedule X, Designated Speed Limits. Based on the above data, it has been determined that the appropriate speed limit should be posted at 35 mph in accordance with the California Vehicle Code requirements. The current survey will expire in February of 2001. It is recommended that the speed limit be established as follows: ~ ~~ta·3 Page 4, Item_ Meeting Date' 5/21/96 10.48.020 Schedule X - Designated Speed Limits Name of Street Beginning At Ending At Proposed Speed Limit East J Street River Ash Drive Paseo Ranchero 35 mph All area residents, schools, businesses and the Safety Commission Chair, Mr. John Liken, have been notified of tonight I s City Council meeting and the mailing list is attached for Council's infonnation. FISCAL IMPACT: The cost to install signs and pavement legends is $1,000.00. Attaclunent: Attaclunent A - Basic Speed Law Attaclunent B - Speed Limit Establishment Process Exhibit A - All-way stop studyJor East "J" Street/Paseo ladera Exhibit B - Area Plat Exhibit C - Engineering and Traffic Survey Exhibit D - Radar Speed Surveys Exhibit E - California Vehicle Code Sections Exhibit F - Minutes of the Safety Commission Meetings of 3/14 & 4/11, 1996 (Excerpt) File No.: 0760-95-CY029 DMW:FXR:dmw (M ,IHOMEIENGINEERIAGENDAIEEAST1ST.DMW) :J..? ß ,;{ ATIACHMENT A Basic Speed Law .Speed limits in California are governed by the California Vehicle Code, Sections 22348 through 22413, and Section 22350, The Basic Speed Law, of the Vehicle Code. This Basic Speed Law provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property. The basic speed law is founded on the belief that most motorists are able to modify their driving behavior properly, as long as they are made aware of the conditions around them. Section 22358.5 of the Vehicle Code states that it is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. The speed limit nonnally should be established at the first five mile per hour increment below the 85th percentile speed. However, in matching existing conditions with the traffic safety needs of the community, engineering judgement may indicate the need for a further reduction of five miles per hour. The factors justifying such a further reduction are the same factors mentioned above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone surveyor the accompanying engineering report. In determining the speed limit which is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, important factors are prevailing speeds, unexpected conditions, and accident records. Traffic regulations are based upon observations of the behavior of groups of motorists under various cönditions. Generally speaking, traffic regulations that reflect the behavior of the majority of motorists are found to be most successful. Laws that arbitrarily restrict the majority of drivers encourage wholesale violation of posted restrictions, lack public support and usually fail to bring about the desired changes in driving behavior. This is especially true of speed zoning. Before and after studies consistently demonstrate that there are no significant changes in traffic speeds following the posting of new or revised speed limits. California Vehicle Code (CVC) Sections 22352(b)(l), 22354, 22357, 22358 and 22358.3 authorize local authorities to establish intermediate speed limits on streets and roads under their jurisdiction, on the basis of an Engineering and Traffic Survey. These state laws permit local authorities to lower the maximum speed limit (currently 55 mph, however, as of January I, 1997, this prima facie speed limit will increase to 65 mph) or to raise business or residence district speed limits (25 mph) on the basis of a Engineering and Traffic Survey. These "intermediate limits" between 25 and 65 mph. must be posted to clearly derme the limits of the zone and the speed limit established. Speed Trap-Section 40802(b) provides that speed limits established under Sections 22352(b)(l), 22354, 22357 and 22358 may not be enforced by radar unless the speed limit has been justified by an Engineering and Traffic Survey within the last five years. An "Engineering and Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices on roadways which are not excluded under CVC 40802(b). d-'3ß ' 5 ð.-TTACHMENT B The Speed Limit Rstahlishment Process Speed limits should be established preferably at or near the 85th percentile speed, which is dermed as a speed exceeding that which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe and limits significantly below the 85 percentile do not facilitate the orderly movement of traffic. Speed limits established on this basis conform to the consensus of those who drive highways as to what speed is reasonable and safe. and are not dependent on the judgement of one or a few individuals. Realistic speed zones will invite public compliance by cOnfonning to the behavior of the majority and by giving a clear reminder to the non- conforming violators. These realistic zones will also offer an effective enforcement tool to the police by clearly separating the occasional violator from the reasonable majority. The basic intent of speed zoning is to influence as many drivers as possible to operate at or near the same speed, thus reducing the number of conflicts created by wide differentials in operating speeds. Only when roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, are speed limits somewhat below the 85th percentile warranted. Realistic speed zoning is a traffic engineering tool used to derive the best traffic service for a given set of conditions. While the basic speed law states that no person shall drive at a speed greater than is reasonable or prudent, the majority of drivers comply with this law, and disregard regulations which they consider unreasonable. It is only the top fringe of drivers that are inclined to be reckless and unreliable, or who have faulty judgement andmnst be controlled by enforcement. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Experience has shown that the 85th percentile speed is the one characteristic of traffic speeds most nearly conforming to a safe and reasonable speed limit. Speed limits set higher than the critical speed will make very few additional drivers "legal" for each 5 mph that the posted speed limit is increased. Speed limits lower than the critical speed will make a large number of reasonable drivers "illegal" for each 5 mph increment that the speed limit is reduced. For practical purposes, the 5 mph increment at or immediately below the 85th percentile is the numerical value best selected for the posting of a realistic and enforceable speed limit. ;}:~ ~- 10 ORDINANCE NO. :::J1.a î1 AN ORDINANCE AMENDING SECTION 10.48.020 OF THE CHULA VISTA MUNICIPAL CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN AREAS AND ESTA- BLISHING A SPEED LIMIT OF 35 M.P.H. ON EAST "J" STREET FROM RIVER ASH DRIVE TO PASEO RANCHERO WHEREAS, based on the provisions of the California Vehicle Code section 40803, and pursuant to authority under the Chu1a Vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on East "J" Street between River Ash Drive and Paseo Ranchero be established at 35 M.P.H.; and WHEREAS, the Safety commission at its meeting of March 14, 1996 voted to approve staff's recommendation and recommend that the City Council adopt an Ordinance increasing the speed limits. NOW, THEREFORE, the City council of the City of Chu1a vista does ordain as follows: SECTION I: That Schedule IX of Section 10.48.020 of the Chu1a vista Municipal Code, Increasing State Law Maximum Speed Limits in certain Areas, is hereby amended to include the following changes: 10.48.020 Schedule IX - Increased Speed Limits in certain Areas Name of Street Beginning At Ending At Proposed Speed Limit East J Street River Ash Paseo Ranchero 35 M.P.H. Drive SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption, or when the appropriate signs are erected giving notice of th maximum speed limit, whichever occurs last. {ht Presented by John P. Lippitt, Director of Public Works Bruce M. Boogaar , C1ty Attorney C:\or\apeed.1ne , , ~~B#l THIS PACE BLANK d-'Sß~ i' .. I EXHIBIT A O>UNCL POUCY Uj I' OF DIULA VISTA ( IUiJECT ALL-VAY STOP I I ~~ U""::~Iy'B .......... ..._- AZ)DP'ŒÞay; "101utfon 110. 111.7 .78.03 14-IS-" 1 of . D#.'II:Þ: 14-!3.." . J!1 <CItOtJNl) . Th ~ Ca1Tr'"1 Tr.fffc IIIIIu.' IIId tilt IIIIIua1 en ~ff01"ll Tr.fffc eolltr01 Ðetfices Hit crfterf. fll d,u",fllfnll tII. ....d for In ."..., ltoP. kr¿¡11 M.d for '" 111"'11 ta cltul'Wfntd ." '" IlI,fllttrfllll ltu~ Mlfch 11II",ill'S tile lpecfa1 ch.r.cterfltfcs of tilt Ifte. . AU -way stop IfJlls Irt wer" "Itrfctht COlltro1l IfIlC. tII.,)' "lIufrt 111 "r orists .IIterfllll tile fllt.rsectioll to ltop It 111 tflltl.. tItI.II ltop If':) 'IS .rt fllsta11td for lpe.d cOlltro1 IlId/or tIItrt fl 110 I"arellt traffic 'ed-SOli for the ltop (Un1t or 110 cross traffic). _torhts "IIIi'd the IToj) lign IS III unlltCtSSl1',)' f..di.llt IlId often tt.1 do IIOt ..It. I C/)IjIp1.te stop. tItIen thil occurl the Ixpectatiolls of other drf,," IIId f$utrians art aUered, thertby ~.opardizillll the IIf.v "rfo,.IIc. of ~¡'q,. tlltersection. A1though Ipeeds wf11 .e 10wer fn tII. yt~fllf~ of the ( ~c p, lpeeds w111 .e higher 11ldb10clt .s IIOtorfstl tr.1 to ..lttUP for the l;,If" 10st .t the unwlrr.nted ItoP If,n. Anothtr Mlllti". aspect of u~lrranud Itop Ifllns fl the fllcr.ase fll IIOfl. IlId po11utfoll II wehic1.s a,op.1y their brakes to 110w clown ,"d .cc"trate out of the fnters.cttoll. -u. h ftnpractfca1 ,"d tllpoutb1t to fllsta" In 1""'11 lto (or other em,ffic contr01 clevtc. luch IS I traffic If8"11) MI'N"er IIId IIIMrtvtr I request h ..de; othefttfse clurfllll ,.alt "rfods. Ixtellded clt1ayl to Motorists lilY resu1t. thus forcfnll IIOtorfsts to IHIt l1te""au routes ff¡ 1"ough ,lra".1I streets, ofte.n I "sfdellti., Irta. A Traffic ~;fneer's ,rflllr" ,oa1 fs to ..fntaln laf.~ .nd nduct y.htc1t cle11Y. f!.,APOSE .-.- 111. ,urpOSt of I fu11" ~usttfttd. ,roper1" fIlIU11.d 111..1,)' ltop fl to ",.,ftctht1" lul", "tJht-of"'l1. ..111Ufll laf.~ IIId "duc. wMc1e '~11,)'. ""er."". 111..,ay ltopS Irt fIlIU11.d Mltrt tr.fftc ,t",I'¡ Irt .srranted Ind/or III Iccfclent IIfstol',)' Ills Ntll fndfc.ted ." "ported ~cfcltllts of I ~ IUlctptfb1. to correctfon" 111.111..1,)' ltop. . . ~ It: Iha11 .. t:he poHcy of tilt CJ~ of Chu" Yflta, tIIrou", t:ht "plt1Mnt ef 'ub1fc lIo"I/£"81I1eerfllll Df"hfo" , to WI""."t t:h. fllsu111ttOll of .\1..,ay Stops fll Iccordanc. With the fo11owfllll ,01fcy IUttlltlltl: ( . fr;:J .,:¡ 3 - ð-1 . il J.3 . COUNœ. POUCY aTY OF QIUlA VJSJ'A ( AJIJECT ALL-VA Y STOP : fOUCY NUMBER BFnCI1VE DA'Œ PAGE ADOPJm)BY: Rtso'ut10n 110. 11147 478-03 DA'IID: 04-13-11 2 of . 04-13-11 .. the CIHfortl1a Vehic'e Code. Sect10n 11350 tltru 1\355, livlS the .uthor1~ to 'Dca' .,enc1es to tllstl11 .,1-..y stop traffic contro1s 'Pon strlets tll their respective ~ur1sd1ct1on. . Accord1n, to Federa' Ind State traffic contro' ",1I1tHnes, 1"-wIY stO) 1nstl111tions shou1d be reserved for the contro' of .ehicu1ar traffic conf1icts at intersections Ind shou'd not" used IS devices to contro' lpeed. th. e1~'1 ,oHcy for the tnsta"at1on of In I"-waystop COlltro' ts .u.d on I ,oint system. 'oints Ire Iss1,ned to traffic flctors "sed on the l.ver1~ of traffic conditions. Flctors ..asured Ire: . 1. .ccident records 2. unusul1 conditions 3. pedestrian vo1um.s .. trlffic v01umes I. . traffic vo1ume differentiah . . . . , . .' ( -~ .;13-6-/0 " I..'"> : . . OOUNaL POllCY an OF CHULA VJS'I'A IUBJECI' ALL-VAY STOP IOUCY" At>On1iÐay; Rlso1utfon Mo. 11147 .71.03 04-13'" a of . DA'ŒI); 04-11-" CITY or tKlllA VISTA ~L-~AT ~lijP ~ON1KOL WAKRANTS INTERSECTION DI~: "It 1'-' . , Tota1 'ofnts ~ (~'I'Zo ~ ,rl/tRAL: A fu"y 3ustfffed, ,roper'y insU1'td 111-way ltop Cln .fftctf't1y assfm r1ght of way, "duct "Mc', cI.1Iy, Ind cltcrtUt .ccfcltnts. IIfter,11y, In ,11..,IY Itop is ...served for the us. It the iIIttrlectfon .f two through hifhways1 Ind on'y II ,n interfll trafffc contro1 _uUI'e ,rfor to ligna"zlt on. ~top 11gns Ire not to .. used for lpeed contrÞ'. TIle posting of In int.rsect10n for 111-way Itop contro1 Ihou1d .. bued on factul1 elat,. WI!'T,nts to .. consfdertd fnc1ude: 1. Acc1dent r.cords 2. UnuSUI' conditfons 3. Trlff1c ,o'umes 4. Traff1c YO'ume d1ff.rence 5. ,.destr1an ,o'ume 'ofnts Ire .ss1gned to tach of these ..rrlnts. the tota1 ,ofnts possfb'e Ire 54. 111. inlu'1atfon of In 111..,ay ltop contro1 is ,justfffed with 1 .1n1111/111 of 30 pofnts, un"" IfIY one of the Can".ns crfttri. fl _t. ( ~L-VAY STOP 'OINT SY~ tRlIt!!!!. 1. SJ!~NT WARRANT: . . two points .... .slimed for IIch Icctdent IUIC.pti.,. to correctton by In 111-way ltop contro1 _rfng tIIIt fun ,..r ",tor to tile inv.stfgatfon elatl. Tota1 ....r .f .cctcltnts correct"" by 111-way ltop: ..ø IIIxi_ ,. potnts -'ltß> of, ~Þ.'/" SCORE:..ø hfnts . Jt.;~ ÉL:3J3::L/ r " COUNaLPOUCY DTY OF aroLA VJSTA IUIJECI' ALL-WAY STOP IOUCY IIUMIER ZFfBCI1VE DA'Œ 'AGE AIAn"&ÆoA/BY: RIS01ution 110. 11147 .,..03 04-13-" ~ of . DA'ŒD: 04-13-" 2. !lUSUA\. CONDITION WARRANT: "'el'l unusua1 conditions exist, such .s . Icho01. ffre ltatfon, "l,lIIround, IIorflonta1 or .erUca1 curves, ete.. ,0fnU .rt .ssftfled on the basil of engineering ~udgment. UnusuI' conditions shl" be consUered on'1 if within 100 feet of tile Sub~lct fntersectfon. In "sidenth1 neighborhoods ""ere there is . conctntr.tion of schoo' . .ge chi1dren .ctivities sep.rated from tile ~sfdentf., aefghborhood by I co"ector str.et Ind coup,.d with other conditfons, tile tf.1ï Traffic Enaineer lilY IPP'Y traffic enginterinJ ~udgment .nd wme "VIe IU-p01nt lI,nillUITI point requirtmtnt to ttuaT1f1 the fnter"ctfon for .n I"-Wl,)' ltop contro'. The SO-point lIinimum requirement lilY be .a1'td .nd .n 1""1,y ltoP ;'Y be fnstl1'ed on11 ff 11n restricthe contro'l lIavl· "ot orrected I documented prob'tm. . A11-wlY ItopS lilY be 3ustffild based on ,r03Ict.d .O'IIIIIIS Ind .ccident fr'Quency ""en tr.ffic 11gnl's .rt .",r.nttd .nd .n, be fnsta1'Id within I Ipecified period of ti... . ~{~lIum '~ points ¡¿rs ¡.r ,..eS+r-/~~.uI . SCORE: :l Pofnts .s"h+ d,s1'."~ (." .s·w c;..ø.."e.r- 3. PEDESTRIAN VOLUMES . Consider.tion is ,h.n to 1arge "umbers of ,.dlSt"1lns crossing tII. lIjor Itrtet du"ing tII. fOu" bus1lSt IIours of·.n "I".g. dl,y. . . ~dest"hn C"oss1na Major Stl'let. Tote' du,,1n.v . bUl1tlt ",.ffic lIours .,..... cj 11·'00 ,.'.'10 ,...... ..,..... 'o1nU:' I 3 · I llext_ I pofnU .' SCORE: 1 JofnU 4. TRAFfIC VOLUMES ( Points '1'1 diptndent ",tin till .."fta/de of "lIfc,"r to1U111ts enwrfng tilt fnwr"ctfon durfng tilt four bUlfest lIours of .n ."r... dl,y. A . 1f'~ ':<3- ,ð- /~ .' . .' OOUNaL POllCY ""I i Or: QIU1A VJSTA ( . IUBJEC1' ALL.VAY STOP I toUCY DPECnYE ADOnEDBY: bs01uUon 110. 16147 .71.03 ..·n·., I of . DA'ŒD: Traffic Counts (eire', four lit put lIour ",...s): lIour Ending At: . .~- O1r 0600 0700 0800 OfOO·,OOO' "00 1200 1300 ,400'150C1 ~7 ,ãoðfttòõ tOOO - NB t 30 1t 'j' Z~ Z7 50 l/{ ~f 1/5 ~z. 5:3 ,z. 7{, 'It SB - - - - - - - - - - - - - - - IB [3 t¡2 Ib~ If) (!; ~J; 7/ st f3 gg /20 ¡ZIP I'll{ I/! 7š' ~fo!5/ ~ VB 10 53 1? 57 tit{ 5(P ~tf 5t, $D 70 77 7f '.5/ . lzt 'II~ I ¡St, IJ1 z/,'L Zf{ /~9 T 1.0 27~ G~ 138: 7l I~~ 'If' Z", ( Traffic Y01umes Warrant 'oints sha11 be assigned in accordanct with the fo',owing tab't.: Tota1 of Major Tota' of Minor Approach Ltgs Approach Le,s .-hour Y01 ume hints ....our Yo' UIIIt .f9ints ~OOO 823 --r ~ ,7Z, P 1 . J~b . . 1301 . 1600 I '101 . 100 I . 1601 . 1tDO I 101 . 1000 I 1101 . 1200 . 1001 .1200 · 1201 . 1600 I 1201 . 1400 I 1601 . 1.00 . 140' . 1100 · 1.01 . 1200 I 1101 . 1100 ., 1201 . 1500 I 1101 . 1000 · ( 1501 . liDO , . 1001 · 1200 · 1B01 . over ' 0 1201 . eYer 10 SCORE : ø. Points SCORE: 4ts RlICtlUlll I ,"n1l1111 ;0 -- .?13-ß-/3 \ l") . ,. ~i --- -----.-. . COUNaL POUCY aTY OF DIUlA WI'A IUBJECI' toUCY ~ ALL-VAY STOP MtJhQER DA'Œ PAGE . . 478-03 O4-tl-" 16 of t ,Iww"&W'BY: .eso'ut1on 110. 11147 . DA'IBD: 04-13-11 . 5. mPIlC YOLUME 01Ff'ERENCE A11..,1)' ltops operate "st "'ltn the .ajor Ind .1nor Itreet IPproacll 'rlff1c YO' umes Ir. IIur11 tquI'. Points 1111" " Iss1gned tn Iccordlnce with the f011ow1nl tab1e: 14.Mour 1'11nor St. A~~ro.ch Y01umes X 100'l 'l¡,,5' _$2.%,o1nts D;)Our'l,f~or-St. """I~~ro.¡;" \'ólumes · 3'" 3 · ,S - '00 10 85 .;. '4 . 7S - 84 8 65 - 74 7 55 - 64 . 45 - 64 5 . . 4i: ! ;ï5Z.~ Þ 6 - 14 1 0- 4 0 stORE: .3 Points Max1l11\1ft\ '0 'oints . tALTRAIIS CRtTER1A (ChlÐter 4 CI'Trans Trlffic ManuI" A1I1 of the fo"owinl conditions '" .."'Int I .,U1..,1)' STaP Iii!' tnsta11 It1 on: . 1. IIhtrt trlffic 11",11s Ire _"'Inted Ind I1'Ifnt', Mtded. tII. .,n1.1)' ~ ..., _ .. .. ....... ...... .... ... .. ......... .."t1l to . con ro' trlffic "M1. Irrln.-nts Irt "1111 ..de for tilt I gnl' tIISta11It10ll. I. . An Icc1dent """till, II tlld1clted 111 f1vt or IIOre ftporttdlcct.."ts v1th1n 1 12 IIOnth ~r1od of 1 ~e lusc.pt1b1. to co...ct1011 ., I ~c IIIUiwl)' Itof tllsta"lt1on. Sue Icc1dents tllC'ude f'1ght- IlId 1tn-Wrn co, 1 11 OilS II ..11 II t1ght-Inl" co111110ns. ' A I . . . ' . . . ( .:?3-ß-/~ ( IUIJtCI' ALL-YAY STOP OOUNCL POUCY aTY OF anJLA VISTA toJJCY . I!PP2CI1YE .78.03 DC·!S·" 7 If , DA'mD: 04-Z3-" M>O?mD ay: '.s01utfon 110. '1147 3. "1nillUlll traffic Y01.....s .. tJo b. ~o N° . The totl1 .eMcu1.r .o1UN .ntering "', .ntersection frotll .11 approaches .ust Iverage .t "1st 100 Wlhic1,s fir 'our for I~ 8 hours of an averlp cII¥. and The cDlllbined .'hicu"r ¡nd pedestriln wo1_ ff'Clll\ "', ~nor str.et or highway ~st av.rlge at 'I.st ZOO unitl.per hour for the .ame 8 tlourl. with In· averlge 'e111 to .1nor strttt ytMcu1ar traffic If ,t 1tllt 10 secondl fir .,Mc1, dUring the Mltill"'" tlour. but . . c. VIIen the 8S-perc.ntne IPpI'Dach speed If "'e -.jor street traffic ,ltceeds CO .11el per tlour. the .ini.um .ehicu1ar v01ume warrant 11 70 percent of tile Ibove nquiN!lllntl. --A-=1 '::<3-13 - /5 . ., r,; - l'" COUNCL POllCY arY OF aitJLA VlSI'A IUBJECf toUCY ~ NUMBER ÞATE 'AGE ALL-tlAY STOP . . ., e"-03 OC -23-'1 B of' AÐQP'ŒDBY: Reso1ut1on No. ",.7 . DA'ŒD: OC-!3-t1 ALL-WAY STOP S\JIIMA~Y II1TtUECTI0N:.(j'S-!- ßSfUJ..;,,.C ;l'l" '-D -00) DATE INVESTlIiATIoN VAS COMPI.ETEo: 3/~"llb . TOTAL SCORE: . 6 ,o1nts out of . :u1b1e M. 'nI. .1 n 11M11 requ1red to just1f'y an 111-WIY stop contro1 ts ,o1nts. INTERSECTION DIAGRAM: . E t:u-f ''.::r'' S..¡.,..u.I . -=..-: ........ 'ç ~ --- ~~~' ::::::::::-- .--£4.." -. liDD' (;/«..,- ~.;;;~.-:--:-- ' t:;~ ""/~:í:;J .1 _5 ~ ¡" "J I 970 , ~ I &Qsf ·:r'·.5fre.~f ~ t ~ N IECOtt\EWATJ ONS: ~ ~ IEMARKS: ~ .. \ ~313-/& . ! ".,Ì '," . , COUNCIL POllCY . an' OF aroLA VJSTA IUI.JECI' '!oE~ ~ ALL-WAY STOP -.-- .78-03 04-13-11 1 of . A1)OP'Im)BY; Its01ution 110. 11147 DA"I1ID: 04-23-" tlTY OF tHULA VISTA . ALL-WAY STOP EVALUATION WORKSHEET . Intersection E t:I.5'¡' . :r5rrt!t'j/¡¡,se-Q t."tI,';'q 'UI :2'" t z() - 00 Dlt~miil II;H . ,~jõr) (",norl InvI nor TlJ QUIHfies for An-Way Stop based on 30 or 110... points: Yes No ~ 'oints i:, ")( QUI1 U1es for - ay Stop basea on oìner criteria: YIS 110 If yes, Ixp1ain: ~etch Of 1ntersect10n w1tn V1S1D11'~ aat. On back Attached 'X . . ". Acc1dent "'story ,01nts ,on1ble , From ~ ~ 1195 to i '~' 196 Acciden s yr corr.ctab1e ~ topS X 2 ,ts/accident ø 14 . 2. Unusua1 Conditions . . ..,~~ ~~~~ /~r~s~"~~ "11 .. "A' + "",Þ . ""Á, 2- 10 3. ~'destrian V01u.e l I .destrians 1- .">0 crossing the .-jor stre.t during . ~our count .. Traffic ¥01u.es ('.ak . Hours) ~ Major approaches ~ I Min01" approach.s .fl? ::L. 10 I. ""afffc ¥01_ Diff.NIIC. .32% .~ 10 . TOTAL . ~ 14 I1l1f_ Poflltt ItquiNd ' . 10 . . ~~.- -:A~ .;<.3 -73 -/7 ,:;;1'\ ( .......-.-...,----..-.+.-..,-......- --1 t,IIJUI(' IDJITJIE PIII!IA! III1IØI M!EIIS IØíUfiTlIII -1K3OQO I 0..-1 ....... ( aUIII tacit .~t ...1 n_ a.rt Tilt .- _I. Ti. Dividt ....UIII Hly lIptratCll' ..". lIIdIi. ....,. I 17.1118 115196 U23 1500 15 I 1m 1ES I I .." I mID 115196 1423 1500 15 1 1m 1ES I I ~. .:s ~ ~ p,.,sa> ~~~ AVl) C~~V~ WB /for:; ~7~ 'll11t .,1 'ou 11M plad INN1 I ill liCIt-I II1II INN11 ill 11"'" W196 øEœ~EG~EE~~E~~.~~.æ.u..- DI&I . 75 16 71 4t 15 II 17 1 4SO 17 I' II 15 II 10 4 i 0 L- I' I' II I' 11 10 I I I 15 I' 17 17 10 II I t' 0 I' II 10 17 7 10 I t I UE~~E~~EE~~E~~.~~.æ.u..- DI&I 116 174 . 112 III" 11 10 :17 7 10;. . 45 15 a . . It 11 13 I 41 . m 4' :12 11 17 I 1 46 ~ 46 :17 . 14 I! 14 I :14 U . » JO 17 10 II 1 1/27196 - ~ØE~~E~~EE~~E~~.~~_æ.u..- DI&I 1 1 3 0 4 I! S ~ ~ ~ ~ . . 16 ~ ~ M a . . :14 15 n 7 S3 I I 0 0 I 1 I J! 14 14 10 I 13 14 10 IS 17 15 II. 13 I! I I I ~ 0 1 I 0 I 1 IS 1\ 14 13 11 17 14 IS 13 It 10 U II II I I I :a 0 0 0 0 1 II It U II U 1:1 17 I II .. 12 1:1 II It I I 1,1 0 . 0 0 0 I :a ., It 14 I 10 I .. II 10 14 14 J& 14 II 4 4 I I ~øEEB.GœEE~~E~~..œ_æ.u..- DI&I (åã!) . I I 1 I III~ærn.b..m~m*~œ..D.U 4 0 0 0 I 0 I a 17 ".IS 12 11 IlJO a 1:1 IS I It 15 14 I 4 7 - I 1 I 0 :a 4 t . :12 12 12 II 11 17 » 41 II a 13 17 II 10 I .. 0 I 0 1 0 I . tQ 17 10 15 ID .. 10 JO 41 ~ . :14 12 15 14 15 I \ 1 1 0 0 I 1 11 . 15 IS II I' 12 . . 4i ~ 11 ID 12 10 14 I! 1 4F=ID ~3-ð-/'ð ---1 ..' 1121/96 ( ~.E~_ØDE_~~~æ~~~œEæ_D_-- 3 I 0 0 3 7 11 ~ S7 41 41 SO II It 15 I 0 0 0 I I I Ii I . 11 3 10 .. 14 ./ I I 0 0 I 0 II » 14 10 . .. Ii 7 IS - - - 0 0 0 0 0 I .. 12 17 II 11 .. Ii 17 .. I I 0 0 0 I I' .. 17 11 .. 11 U U . ~.E~_øDE_~~~æ~~~œEæ-U--- I . I I 3 II SUI 10 17 It 17 aa 101 lœ 3 4 I I I 0 3 ti ID 12 13 11 Ii ID 17 3 I 0 0 I I U It 13 . II I' . 15 IS 0 I 0 0 0 I II ti 15 14 II 12 B a 14 3 I I 0 0 I 14 . 12. 13 15 .. ti 30 Ii limNS Þ IIIJI! TØTIL IIMU - DM£l. II I" 100. I,. 1&4 I~ m 1100- I5'J .. 153 II. . .. . .. S2 . ... 158 01. K3 oeoo- 165 om- 165 ... S2 ~ S2 .. .1 1700- . 0100- 151 0100- "I 1000- "1 u. 155 leorr I5'J 1:11»- 157 I~ 151 ... 147 Dill; 24 IIIJI! TØTIL MU - IHN£I. 12 ~ ' 1175 I,. 1.1 I~ 1947 1100- 1t02 .. 1m 11. 1145 .. 1142 .. 1145 I~ 1154 ~1. 1161 oeoo- 1164 om- 1167 ... 1167 ~ 1167 .. 11&5 1700- 1166 0100- 1152 0100- 115 1000- 1125 U. 114£ leorr 1144 1:11»- 112'.1 I~ 1165 ... 1m 011_1 1 Traffic 0IIcI<_ D.K. 0Iamt11 T...ffic Dwell... D.K. DIU ø DIU tel . t '. ckÆ ,;:(3 -ð - /9 --1 .. 3/21/$ , ~a_~=B~EE~~~~~~~~Eæ_U._9 ~ 41 I 03 7541117351S77Unl2 e4 ! 0 0 0 1 1 10 » 10 10 12 . 12 11 JZ 1 0 0 0 2 0 12 ~ 15 13 13 !!I 11 13 n 0 0 1 0 0 5 !3 II 14 11 11 . 15 11 II 1 1 0 0 0' 1 I' » 14 17 12 14 17 U 12 œa_~=B~_E~~~~~~~~Eæ-U__9 DI&I , 2 2 I 3 . 40m 13 44 54 10 . "'17 U3 3 I 1 I ! I ! 11 15 , 17 !3 .. n . ~ 2 0 0 0 1 2 7 Il 13 12 11 l' U 14 14 0 1 0 0 0 4 16 II 10 14 I. eo . 12 12 I 0 1 0 0 I 15 Ö 15 , 15 II a 12 13 limNS !4 IDJII TDTIl IAIIPlE . DRt£l. II 1600- 1121 1~ 1106 1100- 1119 I~ 1113 ~ 1123 21. 11. .. 1121 DOG- 1130 ! 1400- 1121' 01. 1132 œoo- 1134 0» 1133 ... 1133 0500- 1133 CI6OO- 1132 0.,. 1125 0100- 1125 O!IOO- 1135 1000- 1132 11. 1125· 1200- 1m 1300- 1141 1" 1132 1100- 115 DINS !4 IDJI! TDTIL MU . DRt£l. 12 I~ 1.,. 1405 1100- 1422 I~ 1403 ~ 1388 21. 1.1 .. 1., DOG- 1m 1400- 1371 c: 1379 œoo- 1310 0» 1371 ... 1379 0500- 1310 CI6OO- 1377 ~ 1376 ... 1373 1310 1000- 1366 11. 1369 1200- 1371 1300- 1.9 1.. 1404 1100- 1417 a.m.1 I Trlffi~ 0IIek_ 0.K. 0IImt1 2 Tl'lffi~ Dlltk_ 0.K. j)-",-a- ';3-6-.:< / ..lIE mllTllIi JllŒW II1TDIIYS1DIS .....-nlllll - IB:3DOO -J .' 0--1 Þ!IIr .. I I 'caUDII Code 17M I77EI J~ 4\t 115196 315196 C "al n. 1439 143'3 _art T" 1500 1500 cJ~ ~$CC> ~~ lalplt T.. 15 15 Divide I 2 ",UDII III III Hay !ES !ES lIptr"ør ....,. I I IIIchIM IIuIIItI' . . I I /I f) 1~ ¡l/ pg '1.... IIIIttl YtIu 11M ,lad ....1 1 III 110\-1II1II ....12 11111"-1. £,B 1126196 ~~~~~Ø~ØE~~~œ~ESœ~~.Ua_s DIU 12 n 15 '71 M 14 19 II I . 12 12 17 10 13 II 5 I R 10 11 f1 I' 10 I I 4 t K 14 I' II 11 4 I I 0 12 I' 12 II 10 10 2 ¡ I ~~~~~Ø~ØE~~~œ~ESœ~~.Ua_s ]I[!U I17I17~œ '71 57 II 13 '11 1 . II f1 n rr II I' 10 II I . f1 m . K II 17 5 I -< JO . ~ 15 17 11 10 , 5 f1 15 Ii 11 M K 14 7 I 31<71'" h~~~~~Ø~ØE~~~œ~ESœ~~.Ua_s DIU 2 2 1 0 4 14 54. 7r. S 5 g n ~ p ~ E ~ . ~ a 11 K 7 11. I I 0 0 I I 5 1& 17 17 11 U K II K 15 M II M II II I 4 t 0 0 I 0 I I 14 . II 13 II 17 K 14 17 II 15 12 II U U 'I I ¡ 0 I 0 0 I I II 1& 12 11 II 10 10 19 M 13 17 13 13 . I I I 1 I 0 0 0 I 5 13 It I' 17 15 U 10 K II 15 10 U 10 II I I 5 1 b ~E~~~ØDØ__~~.æEsœ~~.ua_s DIU II 4 I 0 5 143m 57 41 51 51 17 . It 112 U4 1m 110 71 ~ II a II 1m I 0 0 0 I I II ~ 15 II 13 14 12 IS K 15 15 II II 111 K I I I <... 3 1 I 0 I 1 7 C! IS 7 15 15 10 I' 12 JO 13 m 13 13 M 15 10 3 0 2 0 0 1 I 13 Ii l' 14 11 II 12 II 17 II tQ . 10 14 15 4 10 I 0 1 0 0 1 I Ii II 11 I 12 14 U 14 M . Ii 13 II " 10 II 7 I ~ .;?.3-6-';<O --1 .. W/9fí UE.~Eøœ.E~~~~~E~œœE.D..H ~ 4110315411173S1877UUR is' 2 0 0 0 I I 10 J2 10 10 12 . 12 II JI I 0 0 0 2 0 12 M 15 13 13 29 II 13 n 0 . 1 . 0 II 13 G 14 II II . 11 11 II 1 1 . 0 0' 1 l' . 14 11 12 14 11 U 12 UE.~EøD_E~~~~~EaœœE.U..H mu i 2 2 I 3 . 40111 53 .... 54 10 . .,'17 U3 3 I 1 1 I I I It 15 , 17 13 15 J1 . .¿ 2 0 0 . I I 7 n 13 12 II l' U 14 14 0 1 . 0 0 4 16 II 10 14 14 10 II 12 12 1 . 1 0 0 1 15 Ii 15 , 15 II a 12 13 IIIYttl; 14 II1JII TIITIl MIlE - IHNÐ. 'I ~ 1121 1~ 1106 1.. 1119 1900- 1113 1000- 1123 1100- 11. 1200- 1121 IJGO- 1130 ! NO- 1121 0100- 1132 0200- 1134 t3OO- 1133 04G0- 1133 CII5OO- 1133 CI6OO- 1132 t7OO- 1125 .. 1125 0900- 1135 lOGO- 1132 1100- 1125 1200- 1127 1300- 1141 1400- 1132 1500-' 115 IINltI; f4 IIIJI! mil.. MU - IHNÐ. 12 . 1400 1~ 1~ I" 1422 1900- IW 1000- 1318 2100- 1311 .. 1319 IJGO- 1m NO- lJ7a t: 1379 0200- 1310 t3OO- lJ7a 04G0- 1379 CII5OO- 1310 CI6OO- 1377 t7OO- 1J76 .. U73 1310 lOGO- 1366 1100- 1369 1200- U71 1300- 1319 1400- 1404 1500- 1417 Ølllnl 1 Tr.ffic DIIck_ 0.11. Damll 2 Treffic Dwck_ 0.11. k-1"S- ~::5-6 -.J /. IIIISE ---1 w..lJIIE mMlNS PRœRAfil IIITIIJN SYSTÐIS IDIPORATlIJi . IEt3000 0\1II1II1 NUllbIr l.AltahDr. Cod. ate "al Tilt Start Tilt Supl. Tilt Divide s-aUOll Hly Dptrator IIuabrr lIa~i.. IIuIbIr I 141NB 3IZ7196 1024 UOO IS 2 III YES 3 4 , 2 141SB 3IZ7 196 1024 UOO IS 2 III YES 3 4 (A~~ :::r -e"'t - RlSd/ ~ C. NB ItfJí· 71,5" PI.... Nottl You IIIVI plad dllnMl 1 111 110t-! IIId dllrnl 2 111110\-2. 3127/96 ~~~~~~~~~~~~~~~~~~æ~~E~~ m&I !i 32 39 115 54 60 U~ 46 18 20 17 5 114 1! 6 10 13 16 U IS U 1! 3 5 I 1 11 6 I 24 IS II 23 1! U 13 4 3 4 -E- 1 12 7 10 13 IS II ~ , 6 10 4 0 ~ I 14 I 20 16 12 ~ 12 6 1 2 0 ~~~~~~~~~~~~~~~~~~æ~~E~~ Di . n 14 14 20 ~ 20 30 21 20 11 17 I 5 r . ¡ 3 2 , 11 6 I 13 4 3 4 1 3 Z 7 , 5 I 5 4 , 5 2 4 2 1 I 1 3 5 1! 3 13 0 6 7 1 3 1 t 3 3 1 I 6 5 2 :I 6 I 2 0 3/28/96 ~~~~~~~~~~~~~~~~~~æ~~E~~ Di 4 5 1 0 3 0 30 IQ 36 31 29 51 51 :11 35 = 46 57 51 . 18 12 12 , '136 1 4 0 0 3 0 :I 11 7 , , , 10 11 10 12 11 7 D , 7 10 I , ~ 1 0 0 0 0 0 2 i2 :I 6 10 19 11 13 10 15 4 U 11 I , J I I 0 0 I 0 0 0 11 II 12 7 :I 16 15 17 , 12 19 11 17 , , 7 I 2 I I O. 0 0 0 12 11 12 , :I 7 IS 10 , 20 12 Ji I IS , I 0 0 ~~~~E~~E~~~~~~~~~~æ~~E~B m&I 0 :I I 0 2 , , 17 &2 20 10 10 II 10 12 10 18 :13 Jt 15 , 10 10 7 :131 0 I 0 0 I 0 0 :I i 3 2 10 4 I :I :I 4 7 I 7 :I :I 0 3 0 2 0 0 1 3 I I 2 :I :I :I 3 7 7 7 13 I 11 :I :I :I 4 I , 0 0 1 0 0 3 3 0 & 6 I 2 3 :I 7 :I 4 11 7 2 2 I 3 3 0 0 0 0 0 0 2 4 ~ 6 .- 5 I 6 :I 3 7 1 I 1 I I 3 0 ~~ .;.¡ 3 - 13 -~,;( ~--1 . ....9/96 .~~~~e~~E~~~~~~~~~~m~DE~ (, 2 I I 3 4 31 i!. 42 a;£l 2 0 1 0 1 0 . C , 10 ~ 2 0 0 I 0 0 3 11. u 2 1 2 0 0 1 2 13 12 , 7 I 0 0 0 I ! 7 11 13 7 ~~~øE~œEE~~~~~~~~~~m~D_~ 2 1 0 2 3 . 4 Ii It 21 ,0 0 1 0 0 1 0 0 4 I 3 1 0 0 2 0 3 0 i 4 5 0 0 0 0 1 3 1 12 (, 7 1 0 0 0 1 2 3 i 4 (, IIIVINS 24 m TOTAl. SAMPLE - DRKl II 1200- 103 ' 1300- 1(1(, 1400- 132 1500- 14.\ 1 r.oo- 124 1700- 119 1100- 105 1900- 794 2000- 743 2100- 7~ 2200- 735 2Joo- m 2400- 732 0100- 736 oeoo- 738 0300- 735 0400- 735 O".ÃIO- 736 060(~ 736 0700- 740 0100- 741 0900- 725 lOGO- 731 Uoo- m 'IS 24 m TOTAl SRII>'lE . M.'tÐ. 12 1200- 337 .1300- 334 1400- 338 1500- 344 1 r.oo- 34& 1700- 324 1100- 332 1900- :IJ5 2000- 348 2100- 343 2200- 334 2Joo- 327 2400- 329 0100- 331 oeoo- 333 0300- 331 0400- 33(1 œoo- 332 0600- 333 0700- :IJ5 0100- 333 0900- 342 lOGO- 343 UOO- 344 OIIrmtl I Traffic DlKk-su. D. K. 011111011 2 Traffic OIttk-su. 0. II. ( 1t"~t5' .;J3-.ð-d3 Bi ~ ~ø' Bi --- '9ð Hi Ct!UlA VHi Þ. RU~ ~A:l: :·~~·9, TRAFrlC CO;LlS:0M 'OCA1IOM SU"~A,Y 511£ LOCA;I~M: a: E 3 S~ 2·0LO and PASiO LAj£RA ![AAC, ~A1ES ~rcl (1-~¡·91 Ie 02·Z9·Ç¡ 1. tC~~!~!~~ iY~E~ 3. LI&"1IM. tO~~IT:O~! Tü1A~ PEAC. T01A. me. MEAO·O~ 0 .0 OAvmK1 1 10D.D SIDESWIPE ° .0 OUSk'OAWM 0 .0 R£AA E'O ~. .0 OAAk, S1 LISKTS 0 .0 IROAÞ!IDE 0 .0 OAAk. MO ST LIS"TS 0 .0 HIT 063ECT 1 100.0 DARk. ST LISM1S MOT OVEATUA~EO 0 .0 fU"mO"I~& 0 .0 AUTO/PEm 0 .0 DTHEA 0 .0 TOTAL 1 ICO.O\ TD'~~ , lO~.:t . :. ~t~C; v£~. !~v:~V::..¡~~ 4. CO,LIS:OM SU~~'A¥ :'E~:~:~:::" T·" n~:. 1,;''''.. . tì:·..::~.]~::·, ( .~ ~£rE!n:~~ 0 .0 ~i..H, tII"_~"I" Vb. 0 , 'h. :,,1" .. M.I. O· DTr ::~:wy 0 .0 ..... -.. ~ !':.\. " . ~ ¡.:_ I :..: · .. ¡;Vt- " . . · .. n:!~":~£ " .0 · A~:~.¡ 0 .0 f:X~: fI......·· 1 10:'. ~ ",t.-:...! ~~~E~ ~;.,,, 0 ^ .....~ .. DESCA:DTI~ ···1 ° T ~ ¡ ... t~;¡ m.s c:¡: rmL t t .0 INJL!~~' 1 3 100.0 pm D~~AGS 0 .0 ~Ci':-..! , loe- .0\ . :~~4~: :O~'. :~ \ ß~ C:<3-.&- ~f LOCATIOM tOc£: 2'~ZC- C , ·"4~ CHU~A Vim T_ArFIC C~LL¡SIO' t.E'AIL R¡'C'~ !¡,! LOC"ICh: at E : ST Z-OLC an~ PASED LAOE~A ~ ú~:£~ fr=1 ~!·Ol-~~ t: C2-2~-9t tC~t!!:t" Rm" tOLLISm ' NO.' DATE DA Ti~E 10m DZ-CJ-9i F me . ~ v¡c- T1~~ 1M FA 3 D mE PCIN: D~ cr Ift.A:T co¡. LOCA TIOH 06JT 0' ? RUN OA~E: 3-:~·96 ~ocmt" CODE: 21~~O- 0 P~:II! CO~. FACTO. YC SEC 5P C 17 ft.y DTm RDAe INV RIM PEO ---YEnICLE-'- O'IV.IPEO ASSO: MEA LIT S CON MIT CTL ACT ID. TP ftV »~~ AGE SEX SIt FACTO~ CLR DAY A » I D RID C I 26 ft R I 2 .1 ~ A:3~·ð~.J,S - This Page Blank - ~- ~3~6-'¡<h æª /-- ~ . "'1 ~::::;.¡ ~ ............... . --~¡;.. .,..., ~~:~ \ -_~ ~.... t: ~§.t. =~ = ~e: \ J '" ..:" '~ ITíY ~~ ~~- "r-~ ;¡ ~ \ B.'~ ;p ~ \ ¡...J~ ::;..I. ~~t ~~ t~~ ~ ~ ï\\\~ ~ IT _ "Y' I ,"U ...... ~ (n~ I- ,- J \' , I \"\ \ \.~ '~' :;J < __ ~ "t\ \~ L ~ ~\J~~~~ ..J '\ __ ~ I~ '.l. ;:t: 0- " = ,.. \...,"- . \ = ::. ~A ;;..I < :...:¡...¡ "'I~~ W , -/~' ~. '~ ~ ¡) ~ ~ c: ~ ~ ~ "%. ,,¡;:: 'Ç¥ ~ ""==- - ,-\, cr: 'It: U ""{..l7' - ¡.. ;;... ~~~ ;: I. _ _Q~ ~~ ;;;.:;;.- \(\' tJTr~ ç ~ - J.. ~ ~ ~ "'" (f(~ __ ~ -~ I rrr ~,.-'J.¡:z¡ ::t= tI.,. .....~ ./ -w~~~1B ~ ~~ ~mTI · , '''1 ~ ITTT './ 1_' l~ "< ~\1 ~ I ~:. ê g ~ ' "-.Jt. '... '''''''~ :A æ I ...:::t· ~ ~ '.... ~ ~~~ .J ~ ;= r :::;;¡~,,.. ,.".- ,~ ,.- />' '.c ~ ~ ~ .. .. II L I ~ I .. -¡¡¡¡i¡¡. -- ~ ~~ . I . - ~ . CI CI 1::S~ .' , a ,;l3-ð-.;<7 ) - This Page Blank - ) ì ,/ '1>-~ ~3-~-;(J SPEED LIMIT - ENGINEE1llNG/TRAFFIC SUllVEY: STREET : L.IMITS: East "J" Street River Ash Drive - Paseo Ranchero Exiltins Poated Speed Limit: HPH * See below NP SUMMARY OF SPEED SUllVEYS Sepent: Date raken: Number Vehiclel on Sample: 85th Percentile Speed: lanse of Speedl Recorded: River Alh Drive - Plseo Llderl 2/23/96 100 40 MPH 22 - 48 MPH ROADWAY CHARACTERISTICS Pa..o Laden - Paleo Ranchero 2/26/96 100 37 MPH 22 - 47 MPH 2 Number of lanaa for both 4iractionl Width 36 - 50 feet Horizonul Al1gtllllent Rmin.- 900 it. Vertical Al~gtllllent +1.0% to +6.84% over 200' V.C. (Design speed . Between Cabo CaDote and Camino Kiel 32 MPH) TRAFFIC CHARACTERISTICS Average Daily Traffic On-Street Parking Allowed reduct"ion in street width. 2520~ (*Paseo Del Rey - Paseo Ladera) exceDt between River Ash Place and Red Oa~ Pl. due to ~pecial Conditions Residential area with direct drivewav access. Accident History This section of roadway was recently oDened for ~ublic use. thus no accident historv is available. SURVEY RESULTS Study waa Prepared by Leðnardo Hernandez Establish 35 HPH IDeed limit baled on summary of speed surveys. RecDIIIIDendation Date 2/27/96 Date racDIIIIDendation approved: ..:2/,;;.:5'/ '!(. ./) . By ~. ........,. -r X. C ;'../.e...u'- Approved speed l1m1t: 35 HPH Per eve 40803. Survey Expires: 2/23/2001 · This Page Blank· .. 'C5a ;13--.6-30 em OF CHUlA \'ISTA . '\'EIIJC1.E SPEED JuavEY :EGMENT UNÐER sn1PY )A :l /..., ~ /t~ /- 1NESTART N')· '110 ~_--! f~T,r ~~__J' r~.__ A<t:L Pk,._ - ~~.~ -l"/ð_) SURVEY SITE o. ,l ¡r")..a ~ T:> I~,.. . "-j~ SPEED /tIP @rt.l mŒÐ/D 1/:(/<'"" ~M WEATHER "I,I"!.'- DDECT10N é .0 £1)' -/ CUM. MPH - NUMBER OF \'ÐÐaD TOfAL .. .. . » » . .5 ./ t / . <¡Ii' .. 0 lð /' .. 'J, q~ ., ./ 0 0 ~ t q~ .2 /' J I Ci'J .1 ;""') I ¡'") t"') ./ t/ '" CU'" .0 C> 0 ~ -'- -- 39 rJ ./ /' , .. pol 38 /"". ./ /' .. " srI 37 /"". ~ /' 1 ("") r:; Ii" ./ ð c.- ~ .=C'. 36 /' c: C ./ I'"' /' /' .:z ::> ::r.-. - 35 C;:; V ,-, r :::t :;¡ ¿;,~ ,. /' /' ð ./ /' /' /' ,~ - /' /..J. ...:z. .. ',- 33 ./ ./ ..-: ./ ,-¡ ,/ C" /' ð /' ./ ,... ./ ,.., " d. _ 32 ð 0 ./ /": ./ ./ Go Go " . ~I . ('") /' /' /' /' r Co c.. ~ - ./ I""J ./ ./ 0 /' ./ /' .ç. 'ii'" I 2. D 0 (Z) ~ .3 /, I I > · 21- ./ 27 ./ ./ "" ~ - · 2.6 /' ð ./ 3 .OJ c: · 2.~ ,..., ~ ~ 0 0 . · 2. · ~ 1(") / . 22 1(") J / .. · 21 20 · 19 · II - 17 · It .. ! 15 I. · 13 12 '. II . . 10 · - .~ . ~ø; ./ 1 I 10 ';I J~ f"} 0 I., ~~ t.. I ~~ /. ./. j /.. ""...._.......aa '-/"eJO ';.3- ð- RECORDER: .. - ,~ ~ 3/ SEGMENT UNDER ~Y DATE ~ /9.0::- 11ME STAAT P):'Ø CItY OF CBU1A \'lIT" . \IERIClZ 'PEED IVaYEY ;r:;,,,'¡ "_{ ~ ,¿_.-I- (g_~ L,,./.,.., - ~ UD ~ ,.(,......,) - IUJlVEY SITE r -""__. ...., Coo' ,,4.,¿;. ~ OJ ~M 1UŒENP I~:{)() WEA1HER ~ SPEEP,.&:1 r./,~,- ÞIREC110N ~ .0 W ., c:uw. MPH NUMBER OF YEHla.ES TO!AL " " . .. .. -.- .5 " O· ?~ .. ,..., r'">' .3 , J I .2 , I ~ :¡;; ., I I ~ Ir:: ./ ,,-, ~ 5 .,~ 39 ,-, .:J. :J ~/ 38 ,- f"""'¡ ./ ~ .3 R9 37 ,..., ./ ,.... ./ C; V P/- 36 ./ ~ ~ ,./ "f' "" p-" 35 ~ ./V ./ I~ .~ ,.0;- ~; ,. ðl~ I' ~ ~ ::J~ 33 ~r"J ./ -- ./ ./ ~ Y I'_C'" 32 ./ ~ ./ ./ I......... ./ "'7 ;&- ~ ."'rt::. 31 / /~ ./.-- n 7' R' ~ v9 30 m ,.., / 9~ ./ ./ .~ 2- 29 ./ ./ "'7 '7"':> $l- i' 2ð IJ ~ ./ ./ "'7 "7- ;¡. - 27 ./ I I /9' 26 r" ~ ~ .J ./ '- t:.. /:z. 2.~ ./ ./ ~ "" /11"':> ./ 7' p P.- .1/ 2. Ö 1"""1 .~ 2.' VI'"' ..c .. 3 22 ./ / , I 2] 20 19 . II 17 16 15 I. 13 12 II 10 9 -. . 7 Þ ~ / ~ ~I -r-, ð RECORPER;"";:;¡ ~.. - ,._/... ~ J 'I'Cn.w..... Of' VSNIQA· ....- ~~-.3;,2- u ..t '3 IIrImI ,.lelpMJ UmIr. 12352. on. prûu IacIe limlta .. u loUo.. ad IbaD ... app1Iah1. __ cbupd u autborialcl ill tIUI oodI aDd, 1t.1Iaupd, eaJT..- ~ _w IIeen -.ted Ii.. DOtieI .......,: (a) Flft.D IDiIeI per boW': . (1) WheD lnwniD¡a rail..., pUt ...., It darlDr tile Jut 100 rwt Gf lIIe approach to lIIe .... lIIe drift!' ... DOt !law a cIur aDd 1ID0bltnacled 'flew Gf the ~ -I". aDd Gf UIl tnIIIc 011 tile rail..., lor a diluDI Gf 400 INt III bolll cIinct.iou 110lIl tile raiIw.,. 'Dda 8UbdiYilloll ... DOt applJ' III tile _ GfUll rail..., pUt.r ~'II..hIN a 11_ Øa¡mu ia OD dut)' or a cIearIJ' ~e IIectricaI .. ....,.~lo:II raIhr., .... alpaldevioe II iIIN1IecIlm.. DOt tbaD III-"-ta tile ---cti.eta approach of a raiIwa)' tniD .. car. . (:1) WbR ...... UIl iI....._ctlJII III 1If¡b.."I" It IIDriIIr tile Jut 100 INt of the drmI'. appraacb to &lie III.. t-ctiOD &lie drhw ... .. _ft a dIU' aDd UDObltnacled 'flew ofcbe ID~OD aDd lllUIlIrdIc IIPOD aD Gf tile Jù¡h...,. -SariDI tile iII~OD lor a dillUot of 100 rwt aIoD¡ all tIøe hiP...,.. ..,t at aD III~OD protectad u ... ~ or,wd rich&-cll'·..., IIpa or IIODtI'oI1ed u ot!c:iallrdlc _trolllpilla. (8) 011 UIl all.J'. (b) TwlDtJ·Sft.miI. per ~ (1) 011 UIl 1If¡b..., IIIhIr &baD a ltata IIIIbwq. III UIl ..........* or neidlDDI dinrIft II1II_ a di«_t ...... II... '-w IIJ' a..l ....... It, IIDder prooecI_ .t forlb ill tIUI oodI. (2) \Iiba roM". alChool bI&IkIiq or &lie II'¡'UÙI tbInaI, -u.- to a Iûah..., ad poNd willi a I&uÙI'd "SCHOOL" wanaIDa lip, wIúIe chDclND .. fOlD( to .. lea" &lie IChooI alhor ÅJ'IDII1CIïoo1 boun .. duriD¡ the DIIOD _ period. on. priIIIa ..limit IIIaIf üo=J;J' "Ian . aDJ' IChooI P'OUDcII ..bich .. DOt .......... rr- &lie wq IIJ' a ~ta orlllhlr ~ barrier..bII. ~_JIIII...III _ chDdra ad the hiP..., ia poNd willi u&aDdard HooL" WUIIiDI aIø. , . (8) WhID r·"'¡~. a.mar _.....lIIhIrfacl1lt)' prbDariJ;J' ãiecfllJ'-- cltiMu, -ti¡uou to a aInIt oIhar &baD altata bIP..., ad poNd willi a ItaDdard "8EN10a" "anUDa lip. It. J..1aulhortt.J' II .. nqidncJ ta .... /lllJ'1Ip panuut to tIUI plftlftP .w ...';IIDI hm ,mata _ ...-IDa ~.......,..¡ftd ad &lie 1-.1...., lDÙIIadet.. I~."- tllet tile ~ ~ IIIouId ... _p~t.ed. It. a..l auIhoritJ 1U7. ~w.._. ãlilile UIl oIhar ftaIIda aftllùll to 1&...., lor &lie .utl_lIl..... ..p;~._.._ ~ ..., -. ... .... -..... . 11.... -. . a.. u. A ... Q.IIO. .... UU ........ .. .... II, JIlL A.-'" Q. G..... l1li, ........ ....... -. -. . ~~. /uo.' , Q. 111,.... JIlL ............, I, ... r -'~Q.Id,,,,,_.""''''''''I,_L- _ .~.... ~ .;<3-6- Q"3 Incfl'.. 01 Local L.IIrtb . , 12357. (a) WheM'1I . Mal ntlloritJ.... --1IpaD........1II a aqlDeeriD¡ ud tnI!Ic ~ &bat . .,..s ....._ &baD :16 .ø. ,..!Iour WOII1d Caci1i&l.. &ba ..s.ri7 _lilt tJl..."I~.I;'. ..... ud Wo1IJd lie ..--"I. ad ..r. upoII UJ II:NI& I&ber &baD. N. 1IIIb..., ~t w.... IUbjec& to. prima facie limit 11116 mø. ,..boIar. ....... nthoritJ.., '" ..uua. M&o.. I.a ad declan . prima facie ""lImit of 10, 111.40.41. .. 10 mil. ,.. !Inr .. . aaIa_ .-d limit " III ... ,.. !Inr. wlúchewr .. loud _. apII'IIIriate to tacI1i&l.. .... ...., _. -t" tnfIIc ad .. ..--.bl. ud ..r.. :ru IIedU'ICI prtaa facie .. aaIa_ .,., IImItabaDlIe .~. _beD apprçria. IipIthiDI DOI:iaI tIMnot_ .-&eel UpoII &be 8&rIIt ad abaDlIO& ~r lie NriMd .-p& 1IpCIIII &be .... of a aqID-riIII ud &n!5c 1IInI1. ( ) ,.,.,. 1IdI_ ... 110& ..,J7 to &D1 16-mIl..,..·bolØ' prima facie limit _bleb II appliabl. -- ........ · acbool bu!111i111 or lb. INUDdI tbaMr or _ba ......'" . -- -- .. de faciljtJ Iiriaari17 aNd '" .mer cldaeJuo. . ,.) ,.,.,. ';"'tI.... MaU . . .t" '" ",., ....., -'" ...... ....".. '" IUWI~ (e) of 50. 110ft ...,.. eM _ of""'" It . ~ .aInI. Aa.W ~ 11,"'''' 1161, _........... 11, III'. _W Q, ..I,..... _, __ "-"'10._. _'oiI Q.I6....., 1117. _..1101.,1117..,_"._...· . _W ~ 142. ...., lItO. __Ju1lAl71, 1111. r . . a.."L ....... u' ..,...s...., Ch. 711, ...., 1111, _..J....., 1, - ~- __.... ......-.....w~(e),,__. ".'"I..-·-.........~_tIrIII,..·...~· .. ........... 1tUftiAI- fta ........ i' . rI.... NOTE: 'nI1.llClllon ....In. In tIfIcI only until'" ..... 1111 ellIlCl In tub- CIIYlalon (e) of leCtIon 223M,. wIIIdI..... .IIIIJ I r~ IIICI'" toIJow\nll -UOnllna_.~.. 1nctN.. of u.:.t Ipød UmII. to " ",,., ,." Hour ' 22367. (0) ......M'...., .1I·.orU)o .... -................ fI/- ....,,_~,... eM"..(fIe...,.,...,....."..,.... U ..u.. pw Aour"""'" brill"" ... -,,",I) ..ulMRl""""" ""(fIe eM .-.Id .. ..._alI,.. eM ..,. ....-,...,.,,..,. a- . "'''It¥~ ~...... ~.. .",.. ttJde ""ofU..un ,.,. ùur. fA. &oeol ......." ~ ., .. 4lNar.ft .......IM eM ...,.,.. . ",.. ,... "".." Ii.." or 10, II, 40, ... ID, ... .... ..un ,.,. Aour... ___ ....1bAII ofu..u..,.,. .......1MIe1wNr It .,.."." _, tll'p. .rUt,.. frtdlUt* fA. ~. I J--'''~ McI .. ""11'1'" eM ..,.. "" ...""., "n.. ,... .. --"'I'Or"- ..., 1i..u.1waU.. .fINIlM.... ......,.,.,r-.............. ......,.... .,.~w 1/pclllfA...., eM itWI_......,...... "'-AI ~, ...... fA. ..... of.. ............ .- ~ .....,. ftIt -""" .., _ tII'=: .., ....".."., · ",.. ,... 1UtI, ..we. .. "p,1HbIt ,.... ....,...".,.... Me It JI>IIÃ "..,...,.. ......,...".. . .............."..,. ~ rf--i17 ... ., .......,...,... ,.) ftIt _"- Moll I_J' '. rl"-. .. ...... .., J rl/lMlIII ..wl~ (e) "'.delloft..,,,, ........ ..a.. 711,.....1111. _~ 1,-0.-......_........... Will.' ..,·~-IoI"__· , £--~ ¿{ 3 -ð-3~ Safety Commission Minutes March 14, 1996 Page 4 on Paseo Ranchero was 48 mph and staff was recommending 40 mph and asked if it would stand up in court. He suggested the Commission look at why it was installing a stop sign at Paseo Ranchero and East J Street, since it was not installing one at Loti lane. The intersection was well lit and had good visibility. Vice-Chair Miller asked staff if the design on East J Street was 27 mph. Frank Rivera said the 27 mph design speed mentioned was in the vicinity of a vertical curve on East J Street near Gretchen Road. The design speed at Lori Lane and East J Street was 35 mph. Chair liken appreciated staff !tying to prevent a problem before it started by recommending the installation of the all-way stop. Commissioner Cochrane said it was his understanding that another reason the al!-way stop was being proposed was because of the two future schools that would be built and he felt that was a valid reason. Commissioner Hoke asked if the speed was being set at 40 mph because of the design speed and not 45 mph based on the 85% speed and asked if the design speed was taken into consideration if a citation was contested. Frank Rivera said she was correct. After the 85% speed was set, additional fadors needed to be looked at in order to set the speed and the design speed was the fador that brought the proposed speed limit down. Sgt. d'AbJaing said if the contesting party brought it up, the judge would consider it or else the judge would have to be aware of the design speed. MSUC (likenlBierd) to recommend that the City Council: 1) place an ordinance on first reading, amending Schedule X of the Chula Vista Municipal Code, Decreasing State Law Speed limit in certain areas from a Prima Facie 55 mph, establishing a 40 mph speed limit on Paseo Ranchero from East "H" Street to Telegraph Canyon Road and 2) adopt a resolution approving an all-way stop at the Intersection of Paseo Ranchero and East J Street. 7. Renort on EdablishinR Sneed Limit on fad I §treet from River Þdh Drive to PaØ!O Ranc:hero Frank Rivera presented staff's report. Henry M. Magalong, 1009 East StTee(. Chula V_ CA ""0, was concemed about current and future traffic. There was not an accident history because the street used to dead end. There was a middle school and high school proposed and hundreds of homes being built in the area. He lived on a grade and requested speed bumps because he had seen motorists racing on East J Street. A stop sign would help slow motorists down. AI Villanueva, 987 East StTee(. Chu/a Visf4 CA ''"0, felt the speed surveys were conducted at the wrong time of the day and that they should have been conduded during peak traffic periods when motorists were in more of a hurry to get to and from work. On East J Street at River Ash Drive, there was a bottleneck because the street narrowed. The full development was continuing and there would be approximately 200 more homes built in the area. He recommended speed bumps or a speed redudion to 30 mph. He was aware of motorists from the Eastlake development area who used East J Street instead of using either Telegraph Canyon Road or East H Street. Donald Chateau, '58 East StTee(. Chu/a Vista, CA ''"0, said for ten years there was no traffic in the area. On a back country road, when a motorist came to a bridge, a "road narrows' sign would be installed. In the area of East J Street, the street narrowed, bu. there was nothing to slow motorists down. There was poor visibility at East J Street and Paseo Ladera. There were no crosswalks in the area. He requested an al!-way stop at East J Street and Paseo Ladeta. He suggested that slides be made from the driver's perspective rather than II pedestrian's perspedive. ~ UNOFFICIAL MINUTES d3-ð-35 Safety Commission Minutes March 14, 1996 Page 5 MSUC (MillerISmith) to: 1) recommend that the City Council place an ordinance on first reading. amending . Schedule IX of the Chula Vista Municipal Code establishing the speed limit of 35 mph on East J Street from River Ash Drive to Paseo Ranchero; and 2) direct staff to perform an al!-way stop evaluation at the intersection of East J Street and Paseo Ladera and East J Street at Cordova Drive. 8. ReDort on StrHt LÌlrhtinsr Guidelines frank Rivera presented the policY to the Commission. MSUC (MillerISmith) to approve the Street lighting Guidelines. 9. Renort on Safetv Commisdnn FY 1996-97 budl!et Frank Rivera presented the proposed budget for FY 1996-97. Chair liken was not pleased about having to reduce the budget. The meetings wete going longer, more residents were requiring notification, but the budget was being cut. With the City growth, more items were coming to the Commission, but yet the budget was still being cut. MSUC (liken/Smith) to approve the proposed Safety Commission budget. 10. Oral Communications Steve Letchworth, 600 East J Street, Chula Vista, C4 91910, hoped the Commissioners heard the residents concerns about using stop signs to control speed, since the City's hands were tied because of a law. He wanted to know who decided 85% was a modetate and teasonable speed and asked why it wasn't 50%. The City had no control over the speeds in Chula Vista. He had encouraged the City Council to meet with State Legislators to change the speed laws. He urged the Commission to keep pressure on the Council to keep pressure on State Legislators. Chris Machitar, 1020 Red Oak Place, Chula Vista, C4 91910, felt his issue had already been agreed upon. He requested an all-way stop at the intersection of East J Street and Paseo Ladera. He was a motorcycle officer for the Sheriff's Department and presented cases to the courts. He took his police motorcycle home every day and had "clocked" speeds with his radat at 5~0 mph. ,He knew the intersection would fall short of the warrants needed for an all-way stop because the street had just opened and there was no accident history available. He encouraged staff to take a proactive approach because of the new schools and homes that would be built. Visibility was poor because the road was curved. STAFF R~PORTS 11. Action SummarY Uodate· Distributed for Commissioner·infonnation. 12. Traffic Act'Ídent SummarY for lanuarv 1996 - Distributed for Commissioner information. J::" - ~ . , UNOFFICIAL MINUTES ~.3·-6-3~ MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, April 11, 1996 7:02 p.m. Council Chambers Public Services Building CALL TO ORDER 1. RnIlCaIl: Present: Chair Liken, Vice-Chair Miller, Commissioners: Bierd, Cochrane, Hoke, and Smith MSC (Liken/Bierel) to excuse Commissioner Acton due to Illness. Approved ~1 with Commissioner Acton absent. Excused Absence: Commissioner Adon Also Present: Steve Thomas, Senior Civil Engineer; Frank Rivera Associate Traffic Engineer; Sgt. Gene d' Ablaing; and Rhonda Basore, Recording Secretary 2. PI~dfl@ of Allelliance/Silent Praver 3. Ooenin.. Statement - Read by Chair Liken 4. Aoornval of Minute!i: MSC (Miller/Smith) to approve the minutes of March 14, 1996 as presented. Approved ~1 with Commi5- sioner Acton absent. MEETING AGENDA (Minutes will reflect published order of the agenda) 5. Reoort on AII.Wav SIOD Policv Steve Thomas reviewed the City's all-way stop policy. 6. Reoorf on AJI...Wav StQD ~valuation on Ead I Street and Nadon Avenue Chair Liken indicated that Vice Chair Miller would be abstaining due to a possible work conflid of interest. MSC (SmitbiCochrane) to deny the installation of an al!-way stop at East I Street and Nadon Awnue. Approved ~1.1 with Commissioner Acton absent and Vlce-Chair Miller Ü5taining due to conflict with her work. 7. Rf!onrt on AII-Wav SIOD ~valuation!i on tad I Street at Pa~ Ladera and Cordova Drive Frank Rivera presented staff's report and showed slides of the area. Chair Liken requested that slides be taken from the driver's perspective in the future. He then read into the recotd that Alice Boswell, 971 East J Street, telephoned staff and i~dicated that the trimming of the landscaping in the area had helped and that she had seen some near misses at the intersection. . -F-.~ a3-¿-31' Safety Commission Minutes ^pril 11, 1996 Page 2 Vice-Chair Miller commented that the sight distance at the southwest corner was poor. She agreed with stall's recommendation, but felt that it would need to be looked at again in the future because of growth in the area. She asked if staff could do anything about the vehicles parked in the area, even though the cars were parked legally. frank Rivera said that staff would talk to the residents about parked vehicles. Commissioner Cochrane said the City needed to take some responsibility for the obstruction in the area. The util ity boxes were poorly placed. Steve Thomas indicated that the City had limited ability on where utilities were placed by the various companies. The boxes were placed in the public right-of-way. Vice-Chair Miller asked if the boxes used to be placed on private property. Steve Thomas indicated the reason the utility companies were asking for more right-of-way was because they did not want to obtain easements on resident's property. Vice-Chair Miller commented that maybe the utility companies should be infonned that if the placement of the utility boxes caused accidents, it could increase theit liability. Commissioner Smith said the intersection resembled the Oleander ^venue item in many ways. When the area was built out, there would be more traffic. He indicated that the Commission should be proactive. If a stop sign were installed, the residents would become accustomed to the stop sign. Chair liken said the people in the area were used to not having any traffic in the area. The street was just opened, and the resident would have to undergo a learning process regarding traffic. He did not want to place restrictions on most of the traffic for the stteets with the least traffic. When the area developed, the all-way stop study would reflect the increases and he did not feel that it was the time to add a stop sign at the intersection. Commissioner Smith disagteed with Chair liken. If the stop sign was installed, people would get used to it; whereas if the Commission waited to install the stop sign until the area was built out, there would be more opposition to the stop sign because people wanted to be able to travel East) Street without impediment. He felt the need to install a fout-way stop at Cordova Drive and East) Street. The intersection was at the apex of a curve. Vice-Chair Miller felt the stop sign should be at Paseo ladera because of a sight distance problem, which did not occur on Cordava Drive. Paseo ladera was a thoroughfare to Telegraph Canyon Road. Commissioner Hoke agreed that Paseo ladera would be the more appropriate location for the stop sign. Chait liken went back to the Council Policy, which indicated that the intersections did not warrant a stop sign. Oleander ^venue and Mariposa ^venue did not meet the warrants, but it was an unusual intersection and had special circumstances. East J Street did not have any special circumstances to warrant unusual conditions. There was adequate sight distance when taking the volumes into consideration. He could not support the installation of an all-way stop. Commissioner Smith said the Commission knew there would be a problem eventually and, regardless of the warrants, the problem might as well be corrected. MSC (SmlthlBierd) to install an al!-way stop at Pueo ladera and East J Street. Approved 4-2·1 with Chair Uken and Commissioner Cochrane voting no and Commissioner Acton absent. ~~ :13 .6-32' Safety Commission Minutes April 11,1996 Page 3 Commissioner Cochrane indicated he voted no because the low volumes of traffic did not warrant a stop sign. He asked if stop signs were planned when the new school was built. Frank Rivera indicated that staff would need to wait until-the school was closer to opening before making any recommendations. Vice-Chair Miller asked if the Commission would be notified when the item went to Council. frank Rivera responded that they would be. 8. .eooft on RMUMt for an AII.Wav Sinn at Landi!ii Avenue and David!iion Street MSC (Miller/BierdJ to deny the installation of an all-way stop at Landis Avenue and Davidson Street. Approved 6-0-1 with Commissioner Acton absent. 9. R~Dort on Rf!DUed for an AII.Wav StnD at Oleander Avenue and Mar,DOu Circle Chait liken indicated that Commissionet Smiih would abstain from the item since he lived close to the area. frank Rivera presented staff's report and showed slides of the area. Vice-Chair Miller asked if the resident had a time period to correct the landscaping and what the next step would be. frank Riveta said that if the resident did not correct the problem, the City would then correct the problem and bill the resident. Commissioner Cochrane asked what the property owner could do besides moving the block wall. frank Rivera said the block wall had been installed for many years and it would be a significant expense to have the block wall removed and a retaining wall installed. Duane C.usie, 6S4 Mariposa Cirde, Chu/a Vist~ CA 91911, had personally experienced a few "close calls" at the intersection, but agreed that there had not been many accidents. The problem was motorists did not obey the 25 mph speed limit on Oleander Avenue. The cost of a stop sign verses removing the retaining wall should be taken into consideration. He felt there should be a stop sign installed. . CvI Hodges, 1291 NacionAwmue, Chu/a Vist~ CA 91911, was a retired lieutenant from the Coronado Police Department. Oleander Avenue was the only access to Mariposa Circle. Northbound vehicles on Oleander Avenue did not travel at 25 mph. There was only 1 ~ - 2 seconds to enter into the traffic lanes, which was not enough time. He asked the Commission not to look at statistics for a "normal" corner, because the intersection was not a normal corner. The City caused the problem when it allowed the street to be constructed and the retaining wall to be built. He preferred to go around the block by turning right, rather than attempting to make a left tum across Oleander Avenue. He felt that 18 years as a police officer qualified him as a professional driver, and he did not feel comfortable making the turn and asked how a reasonable driver would make the turn. He suggested a three-way stop sign for motorists traveling northbound on Oleander Avenue. Samuel Cahan, 282B-F Alta Y..w Drive, San DieBO, CA 92139, was a registered safety engineer with the State of California. He complimented staff on their report, but said visibility was hindered when trying to make a left hand tum. There was a steep hill which caused motorists to go faster. The next stop sign was at amul Avenue and Oleander Avenue. He did not understand why a stop sign was installed at that intersection because there ~-~ ,;{3-ð-39 - This Page Blank - ~ .::? 3 ·-6 -4 ¿? .