HomeMy WebLinkAboutAgenda Packet 1998/11/10
"I declare ynder penalty ofper!ury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
T da N be 10 1998 thie Agenda/Notice on the Bulletin Board at C 'I Ch b
ues y, ovem r , .. 'Id' d t~'t I ounCl am ers
6 00 the Pubhc r Icee SUI lug an a I on Publ' S ' B 'Id'
: p,m, DATED,/.I Ý' SIGNED e./o .. IC ervlces UI 109
Re2Ular MeetiIU! of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Couocilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_,
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: October 27, 1998.
4. SPECIAL ORDERS OF TItE DAY:
A. Proclaiming Sunday, November 15, 1998 as "America Recycles Day." The proclamation will be
presented by Mayor Horton to a representative from the California Integrated Waste Management
Board.
B. Presentation by Scott Alevy of a check from Pacific Bell to Chula Vista Cares.
C. Update on Port District matters by David Malcolm, Chair, Port Conunission.
CONSENT CALENDAR
(Items 5 through 8)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on November 3, 1998, that there were no actions taken which
are required under the Brown Act to be reported. It is recommended that the letter be
received and filed.
B. Letter from Virgil Pina suggesting that two or more comment/suggestion boxes be installed
in one or more of the City's buildings, plus one in at least one of the City's libraries. It is
recommended that Mr. Pina be advised that the City currently has a suggestion box in the portico
of the City Hall Building, that residents may E-Mail the City Couocil with their suggestions at any
one of the City's three libraries where Internet access is available free of charge, and that an
article will be placed in the next edition of the Ouarterlv regarding this subject.
Agenda -2- November 10, 1998
6. ORDINANCE 2764 AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE TO ELIMINATE
SUSPENSION OF SOLID WASTE SERVICE FOR SMALL GENERATORS, CLARIFY
MANDATORY PARTICIPATION AND STANDARDS FOR EXEMPTION FROM SOLID WASTE
SERVICE, ESTABLISH MAXIMUM PENALTIES AND COLLECTION PROCEDURES FOR
FAILURE TO PAY FEES AND MAKE THOSE CHANGES REQUIRED TO CONFORM WITH
THE NEW DEFINITIONS ADOPTED WITH GRANTING OF THE FRANCHISE AGREEMENT
(first readiIU!) - Pacific Waste Services and staff estimate that up to 10% of the City's generators do not
pay for weekly solid waste and recycling collection service or comply with Municipal Code requirements
regarding an exemption. At the request of Pacific Waste Services, staff included a provision in the
franchise agreement to address mandatory payment of fees and suspensions. Staff recommends Couocil
place !he ordinance on first reading. (Conservation Coordinator)
7. RESOLUTION 19249 AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE
SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE FOR
TIlE 1998 SUMMER POPS CONCERT AND CIRJLA VISTA EXPO '99; AND AMENDING THE
FISCAL YEAR 1998/99 BUDGET TO APPROPRIATE $15,000 FOR EXPO '99 - In July 1998, the
City submitted financial assistance requests to the San Diego Unified Port District for partial funding of
the 1998 Summer Pops Concert and Chula Vista EXPO 1999. The Board of Port Conunission recently
approved bo!h funding requests, and the Port is now requiring the City to enter into formal agreements
which stipulate conditions and requirements for receipt of the approved funding. Staff recommends
approval of the resolution. (Library and Recreation Director) 4/5th's vote required.
8. RESOLUTION 19250 APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS OF
RECORDED AGREEMENTS IN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT - The proposed agreement would amend the legal descriptions of
several recorded agreements in Otay Ranch SPA One to reflect a land swap between the Otay Ranch
Company and McMillin Otay Ranch. Staff recommends approval of the resolution. (Director of Public
Works)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is!1J/J. an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
9. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 2.2 OF THE CIRJLA
VISTA GAMING PLAN LIMITING TO FOUR THE NUMBER OF CARDROOM LICENSES THAT
MAYBE ISSUED - Presently there are four cardroom licenses issued in the City. The Gaming Plan
allows for one cardroom permit per 40,000 population or any fraction thereof. The City's current
population per the California Department of Finance as ofJanuary 1, 1998, is 162,000. The Gaming Plan
allows for a fifth license to be activated once the City's population exceeded 160,000. On January 13,
1998, Council directed staff to bring back before Council a measure proposing the elimination of the fifth
license. Approval of this resolution would amend Section 2.2 of the Gaming Plan limiting the number of
cardroom licenses to a maximum of four, and further would require that any expansion of the gambling
resulting in an increase of 25% or more in the number of gambling tables in the City shall only be valid
where the amendment is submitted for approval by an advisory vote of the electors of the City. Staff
recommends approval of tbe resolution. (Chief of Police)
RES()LUTI()N 19251 AMENDING SECTION 2.2 OF THE CIRJLA VISTA GAMING PLAN TO
LIMIT TO FOUR TIlE NUMBER OF CARDROOM LICENSES THAT MAY BE ISSUED
Agenda -3- November 10, 1998
10. REPORT CONSIDERATION OF FINAL SECOND-TIER ENVIRONMENT AL IMPACT REPORT
(EIR-97-03) AND ADDENDUM, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION
MONITORING PROGRAM - A public hearing on the Draft of this EIR was held by the Planning
Conunission on August 26, 1998 closing the hearing and public review period. Staff, the consultant
(Lettieri-McIntyre & Associates) with the legal assistance of the law firm of Remy, Thomas & Moose,
have prepared the Final EIR, CEQA Findings of Fact, Overriding Considerations and Mitigation
Monitoring Program. The certification of the E1R was continued in order to prepare the addendum
indicating the change in status of the Otay Tarplant. Staff recommends approval of the resolution.
(Director of Planning and Building) This is a related item. but does not reouire a nublic heariIU!.
Continued from the meetiIU! of November 3. 1998.
RESOLUTION 19252 CERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT
REPORT (FEIR 97-03) FOR THE OTAY RANCH AMENDED SECTIONAL PLANNING AREA
(SPA) ONE; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM
11. PUBLIC HEARING GPA-97-04 AND PCM-97-10: CONSIDERATION OF AMENDMENTS TO
THE CITY'S GENERAL PLAN AND THE OT A Y RANCH GENERAL DEVELOPMENT PLAN IN
VILLAGES 1, 2, 6, 7, 13, AND 15 - The proposed amendments to the City's General Plan and Otay
Ranch General Development Plan will change the Low-Medium residential designation within the Otay
Landfill buffer in Village 2 as required by the Otay Landfill Agreement with the County of San Diego;
expand the Low-Medium residential designation in Village 1 and 2 west of Paseo Ranchero in exchange
for Open Space designations in Villages 13 and 15; and relocate a high school site from Village 7 to
Village 2 in the Otay Ranch. Staff recommends approval of the resolution. (Director of Planning and
Building) Continued from the meetiIU! of November 3. 1998.
RESOLUTION 19253 APPROVING AMENDMENTS TO THE GENERAL PLAN OF THE CITY
ON THE OTA Y RANCH PROJECT AND TO THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN (GPA-97-04 AND PCM-97-10)
12. PUBLIC HEARING GPA-98-02 AND PCM-98-26: CONSIDERATION OF AN AMENDMENT TO
THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT
PLAN/SUBREGIONAL PLAN TO REMOVE RESIDENTIAL LAND USES IN VILLAGE 2 OF THE
OT A Y RANCH WITHIN 1,000 FEET OF THE OT A Y LANDFILL - The City proposes to amend the
General Plan and the Otay Ranch General Development Plan on Village 2 located east of the Otay Landfill.
The amendment is required by the conditions of the Otay Landfill Tax Sharing Agreement with the Couoty
of San Diego. The agreement requires the City to remove residential land uses within a I,OOO-foot
'buffer' on the Otay Landfill's eastern property line located in Village 2 of the Otay Ranch. The
agreement requires the City to amend its General Plan and other associated zoning measures by November
15, 1998. Staff recommends approval of the resolution. (Director of Planning and Building) Continued
from the meeti.... of November 3. 1998.
RESOLUTION 19254 APPROVING AMENDMENTS TO THE GENERAL PLAN OF THE CITY
ON THE OTA Y RANCH PROJECT AND TO THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN (GPA-98-02 AND PCM-98-26)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
13. REPORT PROPOSED BALLOT MEASURES - The Charter Review Conunission has formulated
several proposed ballot measures which it respectfully requests the Council review and determine their
disposition. The Charter Review Conunission recommends that Council support the proposed ballot
measures. (John Dorso, Chairman, Charter Review Conunission)
Agenda -4- November 10, 1998
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form availilble in the lobby and submit it to the City Clerk prior to the meeting.
14. RESOLUTION 19255 AMENDING, IN PART, RESOLUTION NUMBER 19204 AUTHORIZING
TIlE ISSUANCE, SALE AND DELIVERY OF THE CITY'S MULTI-FAMILY HOUSING
REVENUE BONDS, SERIES 1998A (GATEWAY TOWN CENTER) AND THE SUBORDINATE
MULTI-FAMILY HOUSING REVENUE BONDS (GATEWAY TOWN CENTER) SERIES 1998B,
IN A COMBINED PRINCIPAL AMOUNT NOT -TO-EXCEED $43,000,000 - On October 6, 1998, City
Couocil adopted Resolution Number 19204 which approved the issuance of Multi-Family Housing Revenue
Bonds, Series 1998A and Series 1998B in an aggregate principal amount not-to-exceed $43,000,000 in
order to finance the acquisition and construction of a 440-unit multi-family housing project known as
Gateway Town Center located at the southwest comer of East Palomar Street within the McMillin Otay
Ranch SPA One. Staff recommends approval of the resolution. (Director of Community Development)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
15. CITY MANAGER'S REPORTtS)
A. Scheduling of meetings.
16. MAYOR'S REPORTtS)
17. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on November 17,
1998 at 6:00 p.m. in the City Council Chambers.
A special joint meeting of the City Council/Redevelopment Agency/Housing Authority will be held immediately
following the City Couocil meeting.
"I declara ynder penalty of parjury that 1 am
employ ad by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, November 10, 1998 the Public r ices Building and at~1I on Council Chambers
6:00 p.m. DATED. /t ~ SIGNED ~ &'"__,PldJlic Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are permitted by ILIw to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed sessÙJn, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
1. Fritsch v. City of Chula Vista.
2. Rutherford v. City of Chula Vista.
3. Busalacchi v. City of Chula Vista.
. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
1. One case.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
November 5, 1998
TO: Tho HOM"bl, M.y" ~d City Còuncil WJJ
FROM: David D. Rowlands, Jr., City Manage~~
SUBJECT: City Council Meeting of November 10, 1998 ~
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 10, 1998. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 11/03/98, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This IS a letter from Virgil Pina suggesting that two or more
comment/suggestion boxes be installed in one or more of the City's buildings,
plus one in at least one of the City's libraries. The City currently has a
suggestion box in the portico of the City Hall Building. The Library and
Recreation Director has also suggested that an article be placed in the Quarterlv
advising residents that they may E-Mail the City Council with their suggestions
at anyone of the City's three libraries, where Internet access is available free
of charge. IT IS RECOMMENDED THAT MR. PINA BE ADVISED OF THESE
METHODS BY WHICH CITIZENS CAN REACH THE CITY COUNCIL AND
THAT AN ARTICLE BE PLACED IN THE NEXT EDITION OF THE
QUARTERLY REGARDING THIS SUBJECT.
DDR:mab
~ ~ft..
:-~:
~~~~
........--=-~~
CIlY OF
CHUIA VISTA
OFFICE OFTHE CITY ATTORNEY
Date: November 4, 1998
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~~
Re: Report Regarding Actions Taken In Closed Session
for the Meeting of 11/3/98
The city Council met in Closed Session on 11/3/98 to discuss:
Existing Litigation pursuant to Government Code section 54965.9 (a) :
Gillespie v. City of Chula Vista.
Significant exposure to litigation pursuant to Government Code
section 54956.9 (b) : Two cases.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
C:\lt\clossess.no
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276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910· (619) 691·5037· FAX (619) 409·5823
@ Po9!·Con.~merFlOÞCyCIotdP,p.r
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To: The City of Chula Vista RECEIVED IOOΠΠ~_U [,
Honorable Mayor Shirley Horton i' lŒT2J"'" I .
and Council Members. '58 œT 27 P2 :04
CITY OF CHULA VISE rOlïw~ ,- [!t' . !
- -..."- '-----,- -.- _ ___J
CJTY CLERK'S OFFiCi
Dear Mayor and member of the City Council.
Friends, I hope all of you are well. Some time ago our Human Relations Commission came
to an agreement on recommending one important community help and tool. This tool is two
citizen suggestion/comment boxes. We believe it would be a good help to the community if two
or more comment Isuggestion boxes would be installed in one or more of the city's buildings
and also in at least one of our city's libraries. Easily accessible comment boxes would be a
great convenience to people and beneficial to the whole community. As you know our city is
now over 160,000 in population and many in the community run tight busy schedules. A
suggestion and comment box would make it easier for individuals to drop us their ideas and
comments. Good ideas, and comments are always encouraged. They keep us in closer tune
with the needs and ideas within the community and enhance a good and wholesome
relationship between the city and its residents. I very much encourage you to consider and
implement this helping idea. I look forward to meeting with you soon and speaking to you more
about the box and its benefits.
Thank You.
Sincerely K/~--
,
Virgil Pina /0-.2Š- ''if(
654 Sea Vale St.
.
L C: :i';j: Chul, Vi.... Ca 91910
Phone 427-5456
ø2 ;I d«UWRlnEN COMMUN!CA TIO~0 /
/;l 5ß - / /--?- .1/ Ie 7'
COUNCIL AGENDA STATEMENT ?
Item No.
Meeting Date 11/10/98
ITEM TITLE: ORDINANCE ~ '.} ¡, Ý Amending Chapter 8.24 of the Chula Vista Municipal
Code to Eliminate Suspension of Solid Waste Service for Small Generators, Clarify
Mandatory Participation and Standards for Exemption from Solid Waste Service,
Establish Maximum Penalties and Collection Procedures for Failure to Pay Fees and
Make those Changes Required to Conform with the New Definitions Adopted with
Granting of the Franchi~ment.
SUBMITTED BY: Public Works Director .,
o,M~ti"" o,"nlim"', ~
REVIEWED BY: City Manag~ "(J ~ 4/Sth Vote: Yes_ No...x...
BACKGROUND: The City of Chula Vista currently has a mandatory participation requirement for solid
waste and recycling service. Although service is mandatory, the current provision does not contain any
enforcement mechanism or penalty for non-participation. Pacific Waste Services and Staff estimate that up to
10% or 3,500 of the City's solid waste generators do not pay for weekly solid waste and recycling collection
service or comply with the existing Chula Vista Municipal Code (CVMC) requirements regarding an
exemption. The failure of more than a few generators 10 participate in the solid waste program increases costs
for the majority of rate payers. Additionally, most of the citizen calls and City costs regarding illegal disposal
or unhealthy and unsanitary conditions at a home or business have been traced to premises where service has
been suspended because the solid waste bill was not paid. At the request of Pacific Waste Services, Staff
included a provision in the rranchise agreement to address mandatory payment of fees.
RECOMMENDATION: Staffrecomrnends that Council adopt the proposed Ordinance which amends the
Municipal Code as follows: 1) elimina1es suspension of service for small generators, 2) clarifies the criteria for
an exemption from participation in the City's mandatory waste and recycling services 3) provides the City and
rranchise agent with penalties sufficient to encourage proper participation and timely payment, 4) provides the
City with the authority to place a lien on the property tax roll to collect any unpaid fees for participation under
the existing mandatory solid waste program, 5) establishes minimum notification requirements prior 10
assessing penalties or implementing a lien procedure, and 6) makes certain modifications to the chapter so thai
it conforms with the adoption of the solid waste rranchise agreement.
BOARDS AND COMMISSIONS: The Resource Conservation Commission has reviewed this item and
voted unanimously at their October 5, 1998 meeting to support the recommended enforcement measures for
mandatory participation in the solid waste and recycling program.
DISCUSSION: Chapter 8.23,8.24 and 8.25 of the CVMC outlines an integrated solid waste management
program and mandatory participation requirement that is designed 10 protec1 residents from the public health
and safety issues associated with the accumulation and improper disposal of solid waste. The program is also
designed to provide each resident and business with a cost effective and convenient service that meets state
mandated source reduction and recycling goals.
rt-j
Item Page-L
Meeting Date 11/10/98
Providing solid waste and recycling collection, processing, marketing and disposal for more than 164,000
residents and thousands of businesses is a capital and labor intensive proposition that requires more than (5)
five million service stops per year. Spreading the capital and operating costs over the largest possible customer
base reduces the cost of service per stop and ultimately reduces the rate charged each customer. Once 1he
appropriate number of vehicles, facilities and collection personnel needed to properly serve the entire City are
in place, any erosion of that customer base has a direct impact on the cost per customer and efficiency of
collection. The cost oflandfill disposal and processing of recyclable materials are also volume sensitive. The
larger the volume of material collected the better the opportunity for staff and the franchise agent 10 obtain a
lower cost per ton. Those savings are passed on to rate payers when rates are negotiated and Chula Vista
currently has the second lowest residential rate in San Diego County.
Attached is a letter from Pacific Waste Services (Attachment A) which demons!rates 1hat as many as 3,500
residences and small businesses are not paying their refuse bills. Many of the non-paying customers have been
suspended from service because they failed to pay their solid waste and recycling bill even after they have been
informed of the City's current mandatory solid waste service and payment provisions.
Eliminating Residential Suspensions
Eliminating Pacific Waste Services' (PWS) ability to suspend non-paying customers is essential to reducing
or eliminating improper disposal and assuring that all residen1s pay their equitable share of solid waste and
recycling costs under the existing mandatory solid waste program. Pacific Waste Services currently sends a
series of notices to residential customers whose service fees are past due before suspending their solid waste
and recycling service. Customers who have not paid 1heir service fee are ultimately suspended and service to
their home or business is terminated until payment is made. That policy has led to hundreds of residents that
do not have to pay for solid waste and recycling services.
Chula Vista's unlimited waste collection policy for standard residential customers makes it more convenient
for non-paying generators to place their !rash out for collection with their neighbor's waste. City staff have also
found waste from non-paying residents in bus stop litter containers, City park containers, commercial bins and
along roads or open spaces where the City and ultimately the tax payer pays far more to have it removed. In
one illegal dumping incident, more than (20) Chula Vista businesses and residents that were not paying a trash
bill were using a nearby trash enclosure to dispose of their waste. When the enclosure began to over flow with
!rash and became infested with roaches and roden1s one ofthe twenty suspended customers that had dumped
trash in the enclosure reported the problem as a public health and safety issue. It cost the Ci1y several thousand
dollars to clean up the area, notice the parties and secure the enclosure. By eliminating the suspension policy
and adding penalties for non-payment the City will take away one option non paying generators currently have
10 avoid payment of their fair share of solid waste disposal and recycling costs.
Clarifying Criteria for an Exemption
Although the Chula Vista Municipal Code (CVMe) requires the owner, tenants and occupants of all premises
in the City to participate and pay for solid waste services, it also provides the means for an exemption.
Residents and businesses may currently request an exemption from fees if they provide weeklv receipts from
a sanitary landfill. The landfill receipts provide some assurance that the generator is not improperly disposing
of their waste to avoid the fee. By requiring weeklv receipts the current CVMC establishes a weekly standard
for collection that is consistent with the minimum standard for all households and businesses, a standard which
is designed to protect the public from the impacts of accumulating and/or rotting waste.
t-;2,
Item Page...J...
Meeting Date 11/10/98
Thousands of non-paying generators have been told about the existing exemption through notices from the City
and PWS customer service telephone calls. Out of thousands of contacts over the past four years only (3) three
requests for an exemption have been made and those only complied with the requirement for weekly receipts
for a single billing cycle. The remaining non-paying customers who have been contacted continue to ignore
the requirements and not pay their equitable share of disposal and recycling costs.
To eliminate or reduce any future abuse of the exemption and to make it easier for legitimate applicants to
obtain an exemp1ion, staff has attempted to clarifY the process and criteria for granting an exemption. Seclion
8.24.195 of the proposed ordinance outlines: A) the criteria for receiving an exemption, B) the process for
requesting an exemption, C) the conditions required for maintaining the exemplion, and D) the enforcement
and/or penalty for failure to comply. The proposed adjustments establish an exemption for I) property
vacancies, 2) residents or businesses that eliminate their solid waste 1hrough source reduction and recycling,
and 3) self haulers that choose to haul their own non-recyclable waste to a permitted disposal facility.
Generators who receive exemptions will still have access to and benefit from a number of programs such as
household hazardous waste, bulky pick-up, community clean-ups, bus stop and park litter bins, special event
recycling, etc. It would be impraclical and/or environmentally inappropriate to exclude exempt customers from
participating in these programs. For example, charging exempt customers the real cost of participating in the
household hazardous waste program $75, would be a disincentive to participate and could cost the City more
in the long run through improper disposal (the real cost of the household hazardous waste program is at
minimum the $75 flat fee the City pays to each host jurisdiction for a trip to one of their disposal facilities by
a Chula Vista resident). The inappropriateness of excluding exempt customers from these programs and the
cost of these programs are just two of the reasons that staff does not recommend that fees be totally eliminated
for all qualified exemptions. Attachment B (Adjustments to the Maximum Ra1e Schedule) provides a summary
of staff s recommendations for reduced solid waste and recycling rates for qualified exemptions. Attachment
B establishes three categories for exemptions; vacancy, self-haul and source reduction. The corresponding fees
for each category range from no fee to approxima1ely $3.50 for residenlial, and no fee to $10 per month for
commercial rate payers.
Proposed Enforcement and Notification
The proposed adjustments will add financial penal lies for past due accounts and a property tax lien procedure
for refusal to make payment. The penallies and lien procedures are detailed in the proposed revisions of
Chapter 8.24, and are consistent with those applied to sewer and other City fees. Attachment B summarizes
the recommended adjustments, including a series of required communications, be1ween the Ci1y/franchised
agent and the occupant/property owner before any penalties or liens may be implemented. All property owners
and/or occupants will receive written notice and a description of fees and penalties prior to receiving their first
bill. Occupants will receive a second copy of the description of the fees and penalties with their first invoice.
If the bill is not paid ten days before the due date an additional warning will be sent. Property owners and
occupants will receive a "Late Nolice" a few days after the due date. The property owner will receive at least
one more communication, the "Final Late Notice," before the account is assigned to the Ci1y for colleclion. The
City will send a Final Nolice of Delinquency and a notice of a Public Hearing N olice detailing the unpaid fees,
penalties and potential fu1ure fees to the property owner before execuling 1he lien procedure to collec1 unpaid
fees.
The adjustments to the Chula Vista Municipal Code will also eliminate the option of the City's franchise agent
to suspend residential service. The proposed adjustments also establish a penalty for repeatedly violating the
instructions for setting trash, yard waste and recycling at the curb. This penalty would only be applied to
t-3
Item Page..-L
Meeting Date 11/10/98
residents and businesses that do not comply after they have received at least two written warnings from the
franchised agent and one written warning from the City.
The Conservation Coordinator has traced most of the illegal disposal complaints and unsanitary premises
complaints from citizens to rented single family dwellings. The second largest source of complaints has been
from bulky items disposed of by apartments. Staff has sent the proposed changes in the Chula Vista Municipal
Code to the Chamber of Commerce, the South West Realtors Association and the San Diego Apartment
Association for their review and comment. Staff also conducted a public forwn that included the San Diego
County Apartment Owner's Association and (35) thirty-five local property managers and rental property owners
in Chula Vista. The Apartment Association and property owner/manager's input was incorporated into the
program recommendations made to Council. The proposed program enhancements were designed to reduce
or eliminate issues thai could lead to a penalty or lien.
In September Council approved the proposed solid was1e and recycling service enhancements supported by
property managers and owners including free regularly scheduled bulky collection and cardboard/mixed paper
collection for apartments and condominiums. The proposal also included a property owner hotline that allows
property owners or their managers to quickly verify the waste account status of their tenants. The County
Apartment Association supports the proposal and commends the City for including industry in the development
process. The Executive Director of the Pacific Southwest Realtors Association has reviewed the proposal and
had no objections at this time. Staff will be able to provide an update regarding comment by the Realtors
Association and the Chamber at the Council meeting.
The recommended adjustments will not prohibitthe sale or donation of valuable commodities that are generated
as part of the waste stream and they do not prohibit a business from hauling waste that is generated as an
incidental part of another service. However, the adjustments will eliminate any ambiguity that may have
suggested that businesses or residents could payor provide any consideration to any person or business other
than the City's franchised agent to remove or convey solid waste from any premises within Chula Vista. Staff
has attempted to work with the affected parties to address concerns, provide practical solutions and sufficien1
notice for occupants and property owners before implementing an enforcement procedure designed to protect
the public health and safety and assure that each generator pays their equitable share of solid waste and
recycling costs.
CONCLUSION:
The City has negotiated for what is arguably one of the best values in solid waste and recycling services
available at one of the lowest rates in the County. The City's ability to maintain low rates and improve the
quality of service for the vast majority of existing rate payers is directly related to requiring all residents to
equitably participate in a sys1em that provides quality service options at a fair cost. Approximately 90% or
more ofthe City's residents and businesses routinely pay their solid waste and recycling bills. Those residents
and businesses rely on their neighbors to pay their equitable share of collection and disposal costs and keep their
property clean and safe. They also rely on the City 10 enforce the existing "mandatory service and sanitary
premises" requirements in the CVMC when their neighbors fail to do their part. Many of the citizen complaints
about trash related health hazards, litter, illegal disposal and blight can be traced back to suspended or non-
paying solid waste generators. Eliminating the suspension of solid waste collection service for small genera10rs
and enforcing payment is critical to protecting 90% or more of the City's residents and businesses from the
impacts of a few irresponsible generators. ~~f
Item Pageí
Meeting Date 11/10/98
FISCAL IMPACT: There will be no fiscal impact for 90% of the City solid waste rate payers. Residential
and commercial rate payers who do not currently subscribe to waste services with the City's rranchise agent
will have to pay the fees approved by Council for their classification (residential; $10.17 to $13.20, small
commercial; $12.52 to $76.79). Continued non-payment by those generators could result in penalties of up
to 1.5% per month, start up fees of up to $10 and a pass through of those costs associated with executing the
property tax lien procedure. The additional participants in the solid waste program would increase the number
of customers paying AB 939 fees and Franchise Fees. The estimated $9,000 increase in annual AB 939 fees
is dedica1ed to paying the increase in household hazardous waste and other solid waste program costs.
Franchise fees are estimated to increase approximately $45,000 per year. Some or all of that increase could be
offset by the new calculation of rranchise fees approved by Council in September.
6-Ç
Printed on Recycled Paper, Naturally!
(Attachment A)
~~~~
October 26, 1998
Michael Meacham,
Conservation Coordinator
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 92010
Dear Michael:
As you are aware, over the past year we have been working with 1he City
Planning Department, Community Developmeni/Housing Department and you to
deærmine how many single family, and multi-family dwellings are not contracting
with Pacific Wasæ Services for their solid waste, and recycling services in the
City of Chula Vista. This not only affeciS our revenue but our ability to continue
10 provide Chula Vista resideniS and businesses with a broad variety of services
at the lowest residential raæ of any Franchise City in San Diego County. It also
affeciS the City revenue for the Household Hazardous Waste Program,
Recycling Education Funding and the City Franchise Fee. Additionally, it creates
illegal dumping in the City and every Chula Visla rate-payer subsidizes that cost.
We have determined that there are approximately 3,500 single family or multi- -
family accouniS that do not currently subscribe to our solid waste services.
I am looking forward to working with you and the City of Chula Vista on the
proposed enforcement measure for the mandatory solid waste and recycling
program.
Please call me if you have any questions.
.~
Rick B rlin
General Manager
98-5033/mc
-t-?
8364 CLAIREMONT MESA BLVD., SAN DIEGO, CALIFORNIA 92111 . (619) 278·6061 . FAX (619) 278·752s
(i)
(Attachment B
Minimum Notice Requirements for Enforcing Collection of Solid Waste Fees Related Fee
Advance Notice. A notice will be mailed to owners and occupants of premises that are not -0-
paying a refuse bill. The notice will outline mandatory participation, potential late fees,
lien procedures, options regarding an exemption and warning !hat they will receive an
invoice for the next service period, (60 days for residential, 30 for businesses).
First Invoice. All residents and businesses including residents not previously on service -0-
will receive notice outlining the new enforcement procedure along with the first invoice
for solid waste service following Council approval.
First Warning. Thereafter each resident or business !hat has not paid their invoice ]0 days -0-
before the due date will receive a notice including penalty schedule for potential late fees.
Late Notice. The occupant will receive a second notice from the franchise contractor on $10 restart fee
or before the (60th) sixtie!h day after the due date. The owner will receive first notice with $]0 or ]0% penalty
schedule of penalties and potential lien procedure. I V, % per month
Fina] Late Notice. Ten days prior to assigning the delinquent account to the City the $1 0 restart fee
contract or franchise agent shall send a second notice to the owner describing the potential $10 or ] 0% penalty
lien procedure and a schedule of penalties. ] v,% per month
Final Notice of Delinquency. The City shall send a past due notice to the property owner Same as above
of record with a detailed description of the amount owed, penalty schedule, lien procedure plus administration
and associated costs and administration fees. fee
Public Hearing. If neither the owner or occupant has paid the amount listed on the notice Same as above plus
of delinquency within] 5 days, !he City will send the owner a notice with the date, time County processing
and location of the public hearing and the information needed to make payment before the fees & Attorney's
hearing date. The notice will provide ten days to pay the amount due and avoid the lien fees when
process and associated costs prior to !he hearing. appropriate
Adjustments to the Maximum Rate Schedule and Exemption Classifications
A start up fee for accounts that are more than 30 days delinquent or do not start within 30 Up to $10
days of occupancy.
$10 basic penalty, or
10% of the average monthly residential rate is: $1.32 per month
10 % of the average monthly commercial rate is: $7.68 per month
] y, % per month average residential rate: $0.13 per month
] V, % per month average commercial rate: $0.77 per mon!h
Exemption for Vacancy: a) A reduced fee with compliance as low as: $3 w/City Fees
No fee if property is vacant due to death or long·term illness -0-
No fee if property is vacant and all utility services are shut off -0-
b) Self Haul Exemption Small Generator: reduced fee with compliance and city fees as
low as (recycling programs at their option): $2 w/ City Fees
Large Generator; reduced by disposal & 90% of collection (recycling optional) $]0 w/ City Fees
c) Source Reduction, Recycling & Yard Waste Exemption for residential: $2.00 per billing
cycle service fee plus City fees, recycling programs optional $3.20 minimum
Penalty for first and second notice regarding improper set out -0-
Penalty for third notice and each future violation: $5 / $] 0
~-7
ORDINANCE NO. :2? ~ Y
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
8.24 OF THE CHULA VISTA MUNICIPAL CODE TO, ELIMINATE
SUSPENSION OF SOLID WASTE SERVICE FOR SMALL GENERATORS,
CLARIFY MANDATORY PARTICIPATION AND STANDARDS FOR
EXEMPTION FROM SOLID WASTE SERVICE, ESTABLISH MAXIMUM
PENALTIES AND COLLECTION PROCEDURES FOR FAILURE TO PAY
FEES AND MAKE THOSE CHANGES REQUIRED TO CONFORM WITH THE
NEW DEFINITIONS ADOPTED WITH GRANTING OF THE FRANCHISE
AGREEMENT
WHEREAS, the city of Chula vista currently has a mandatory
participation requirement for solid waste and recycling service and
although service is mandatory, the current provision does not
contain any enforcement mechanism or penalty for non-participation;
and
WHEREAS, Pacific Waste Services and Staff estimate that up to
10% or 3,500 of the City's solid waste generators do not pay for
weekly solid waste and recycling collection service or comply with
the existing Chula vista Municipal Code (CVMC) requirements
regarding an exemption; and
WHEREAS, the failure of more than a few generators to
participate in the solid waste program increases costs for the
majority of rate payers; and
WHEREAS, staff recommends that Council adopt the proposed
Ordinance which amends the Municipal Code as follows: 1) eliminates
suspension of service for small generators, 2) clarifies the
criteria for an exemption from participation in the City's
mandatory waste and recycling services 3) provides the city and
franchise agent with penalties sufficient to encourage proper
participation and timely payment, 4) provides the City with the
authority to place a lien on the property tax roll to collect any
unpaid fees for participation under the existing mandatory solid
waste program, 5) establishes minimum notification requirements
prior to assessing penalties or implementing a lien procedure, and
6) makes certain modifications to the chapter so that it conforms
with the adoption of the solid waste franchise agreement.
NOW, THEREFORE, the City Council of the City of Chula vista
does hereby ordain as follows:
SECTION I: That Chapter 8.24 of the Chula Vista Municipal
Code is hereby amended to read, in its entirety, as follows:
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Chapter 8.24
SOLID WASTE AND LITTER
Sections.
8.24.010 Purpose and intent.
8.24.020 Definitions.
8.24.030 Accumulation of materials constituting a fire
hazard prohibited.
8.24.040 Solid Waste-Disposal in public places prohibited.
8.24.045 Solid Waste generated off site-Placement in city
Solid Waste and litter containers-Prohibited.
8.24.050 Solid Waste-Disposal on private property
prohibited-Exception.
8.24.060 Owner or occupant responsibility to maintain
sanitary premises.
8.24.070 Solid Waste-Collection prohibited when-Burning
prohibited.
8.24.080 Solid Waste-Containers approved for residential
use.
8.24.090 Solid Waste-Placement in containers or bundles-
Restrictions.
8.24.100 Solid Waste and refuse-Placement of containers for
collection- Times.
8.24.110 Intentionally Omitted.
8.24.120 Intentionally omitted.
8.24.130 Intentionally Omitted.
8.24.140 Intentionally omitted.
8.24.150 Intentionally Omitted.
8.24.160 Intentionally Omitted.
8.24.170 Intentionally Omitted.
8.24.180 Payment of Solid Waste and Recycling collection
charges.
8.24.190 Reduced residential Solid Waste collection charges.
8.24.195 Mandatory recycling for exemptions and reduced rate
customers
8.24.200 Interference with collection and scavenging
prohibited when.
8.24.210 Littering-By private persons prohibited where.
8.24.220 Littering-By corporations or persons prohibited
where.
8.24.230 Owner or occupant duty to keep sidewalks free of
litter.
8.24.240 Intentionally Omitted.
8.24.010 Purpose and intent
The city council finds that the accumulation, storage, collection,
transportation, processing and disposal of Solid Waste is a matter
of public concern, in that improper control of such matters creates
1
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a public nuisance, can lead to air pollution, fire hazards, illegal
dumping, insect breeding, rodent infestation and other problems
affecting the health, welfare and safety of the residents of this
and surrounding cities. The city council further finds that the
minimum weekly collection of Solid Waste from all residences and
places of business in the city benefits all occupants of residences
and businesses within the city. Accordingly, the collection of
Solid Waste in the city is a mandatory service, shall not be
discontinued and all owners and occupants as defined in Section
8.24.060 are made liable for the payment of such fees as may be
approved from time to time by the city council. The city council
further declares that the regulations provided in this chapter are
designated to eliminate or alleviate such public health and safety
concerns, and provide minimum standards for the accumulation,
storage, transportation and processing of Solid Waste.
8.24.020 Definitions
For the purpose of this chapter, the definitions contained in
Chapter 8.25, Section 8.25.020, shall govern unless the context
otherwise requires or indicates.
8.24.030 Accumulation of materials constituting a fire hazard
prohibited.
It is unlawful for any person to create or allow to be
created, or maintained upon any premises in the city, owned or
controlled by such person any accumulation of materials that are
dangerous as fire menace or hazard.
8.24.040 Solid Waste-Disposal in public places prohibited.
It is unlawful for any person to place, dump, deposit or throw
any Solid Waste including but not limited to: plastic, glass,
metal, paper, Green Waste, other food waste, automobile parts or
other Solid Waste or liquid wastes of any kind or character
whatsoever upon or along the right-of-way of any public highway,
street, lane, alley or other public place within the corporate
limits of the city.
8.24.045 Solid Waste generated off site-Placement in city trash
containers-Prohibited.
City Solid Waste and litter containers are placed in city
parks, at bus stops and other public areas for the use of the
public to control litter and Solid Waste which is generated at or
near the location where the Solid Waste containers are located;
they are not to be used as disposal sites for Solid Waste which is
generated off site except as defined as Incidental Waste in Chapter
2
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8.25.020 of the Chula Vista Municipal Code. Therefore, it is
unlawful for any person to place, dump, deposit or throwaway Solid
Waste of any kind or character whatsoever other than Incidental
Waste in city litter or Solid Waste containers if such was
generated at a location other than where the Solid Waste or litter
container is located.
8.24.050 Solid Waste-Disposal on private property
prohibited-Exception.
It is unlawful for any person to place, dump, deposit or throw
away any Solid Waste other waste discards of any kind or character
whatsoever, upon any private property adjacent or abutting upon any
public highway, or public place, or upon any private property
whatsoever, within the corporation limits of the city unless such
person first obtains the written permission of the owner of such
property so to do. It is further unlawful for such person to
deposit or place such materials in any Solid Waste container owned
or used by the owner of such property unless such person first
obtains the written permission of the owner so to do. This section
is not intended to preclude a person from disposing of waste
generated at a business in containers provided for customers of the
business such as empty food containers being placed in public waste
containers at a fast food restaurant.
8.24.060 Owner or occupant responsibility to maintain sanitary
premises.
Every owner, tenant, occupant or person owning or having the
care and control of any premises in the city shall keep said
premises or those under his/her care and control in a clean and
sanitary condition and no person shall permit any Solid Waste or
any other substance which may be or will become offensive to be
deposited or to remain in or upon any premises owned or occupied by
him or under his care and control except as otherwise expressly
permitted by this Chapter. It shall be the responsibility of such
person to provide for weekly scheduled Solid Waste collection
service by means of the city's contract or franchise agent and pay
for such services pursuant to this Chapter. However, that any such
person subject to the mandatory requirement may remove or convey
their own waste to a state permitted landfill or transfer station
by applying to for an exemption in writing in advance and receiving
such exemption pursuant to section 8.24.180. Any dispute as to
such exemption may be appealed to the city manager.
8.24.070 Solid Waste-Collection prohibited when-Burning
prohibited.
A. No person shall collect, remove or convey, or cause or permit
3
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to be collected, removed or conveyed, any residential, commercial
or industrial Solid Waste upon or along any pUblic street, alley or
any other public place in the city; provided however, the
prohibitions of this section shall not apply to authorized
employees of the city, or to any person or firm or employees
thereof, with whom the city or a local school district has entered
into a contract or franchise for the collection, removal or
disposal of Solid Waste, or to the occupant or owner of any
residence from personally removing their own Solid Waste from said
residence or commercial establishment or as may otherwise be
permitted or required by federal or state laws that legally
supersede the provisions of this Chapter. Occupants or owners
removing or conveying their own waste shall comply with the
provisions of this Chapter and all local state and federal
regulation regarding the safe transportation and disposal of
wastes.
B. It is unlawful for any person to burn or bury any Solid Waste
as a means of disposing of said waste.
8.24.080 Solid Waste-Containers approved for use by Small
Generators ( single-family residential and small
businesses) and Large Generators for Solid Waste, Yard
Waste and Recyclables.
A. It is unlawful for any Small Generator in a residential area
to keep or store any Solid Waste within containers except those
which are tapered gradually, decreasing in diameter toward the
bottom of the container, made of metal or plastic with metal or
plastic covers and handles, and which containers shall be
watertight and fly-proof and shall not exceed forty gallons in
capacity. Small Generators may also use containers provided by the
city, its contract or franchise agent as part of their optional
service.
B. Large Generators shall utilize containers provided by the city
contract or franchise agent. Compactor containers or other
receptacles provided by Large Generators such as commercial and
industrial customers must be approved by the city contract or
franchise agent for compatibility with collection equipment before
use. Use of incompatible compactors or other containers is not
allowed and the purchase or lease of such equipment will not be
considered grounds for an exemption from mandatory service.
c. Further, every person having the care or control of any
place or premises within the city where Solid Waste accumulates or
exists shall cause such Solid Waste to be placed and kept in such
water tight containers, with lids securely fitted, and in a number
adequate to contain the total amount of Solid Waste accumulating
during the maximum allowed one week interval between each
collection or removal thereof.
4
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8.24.090 Solid Waste-Placement in containers or bundles-
Restrictions.
All Solid Waste shall be kept within sturdy containers made of
metal or plastic, and no Solid Waste shall be placed in any
container so that it protrudes or extends beyond such containers.
containers shall also have tight fitting lids sufficient to keep
out the rain and prevent litter. Every owner, tenant, occupant or
person having responsibility for premises shall provide and
maintain the number of rigid containers and lids sufficient to
separately hold their weekly Solid Waste, and Yard Waste. Yard
Waste and other Designated Recyclables shall never be placed for
collection in plastic bags. The weight of any empty container for
a Small Generator shall not exceed fifteen pounds; the weight of
any fully loaded container shall not exceed sixty pounds. Cardboard
containers shall not be used as Solid Waste containers and should
be emptied, broken down and placed at the designated collection
location for collection with recyclables.
A. The following actions are approved for Solid Waste by Small
Generators (single family residential and small businesses
with curbside collection service) :
1. Use of plastic or paper bags manufactured expressly for
waste storage, securely tied with wire, plastic or
string, and of such thickness and bursting strength to
resist puncture and tears. Grocery and shopping bags are
not permitted;
2. Newspapers and/or flattened cardboard boxes should be
placed outside containers (for recycling) if they are
stacked and securely tied with natural fiber twine into
bundles of not more than forty pounds in weight;
4. Brush and limbs of trees may be placed outside of Yard
Waste containers tied with natural fiber (compostable)
twine into bundles of not more than four feet in length,
eighteen inches in diameter and forty pounds in weight;
5. Any person desiring to receive different, additional, or
more frequent service may do so through the contract or
franchise agent, on mutually agreeable terms and
conditions by contacting the contract or franchise agent
at least two days before their regular refuse collection
service day.
6. Color coded and specially marked containers will be
provided upon request by the city contract or franchise
agent for used oil, oil filters, and Designated
Recyclables at no charge. Color coded and specially
marked containers for Yard Waste and Solid Waste will be
provided at the residents option and require a monthly
5
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rental fee established in the Maximum Rate Schedule.
B. The following actions are prohibited for residential
customers;
1. Use of severely damaged containers or containers with
jagged or sharp edges (said containers will be
appropriately tagged by contract or franchise agent first
time noted and will be collected by contract agent if
used subsequently to being so tagged.)
2. Placement of Hazardous or Toxic Wastes such as solvents,
paints, pesticides, fuels, explosives and medical wastes
at the Designated Collection Location for collection by
the city or any contract or franchise agent(s). This
prohibition is not intended to exclude the door-to-door
collection of any Hazardous Waste by appointment, by a
contract licensed by the city and permitted by the State
Department of Toxic Substances or the County
Environmental Health Department.
3. Placement of construction and demolition waste at the
Designated Collection Location for service by the city
contract or franchise agent which may resist compaction
or damage equipment such as large metal objects, concrete
blocks, dirt or tires. This prohibition is not intended
to prevent a resident from making an appointment for free
bulky pick-up, free used oil and filter collection or
contracting with the city contract or franchise agent for
a temporary bin for construction debris, metals, yard
waste and source separated recyclable materials;
4. Deposit of Solid Waste or any other material in waste
containers intended for use by, or belonging to others.
5. The disposal of Designated Recyclables in Solid Waste
containers.
C. Enforcement
1. Generators that fail to place Solid Waste, Recyclables or
Yard Waste out for collection in proper containers or
fail to properly separate recyclables will be tagged with
a notice and provided with proper instructions.
2. Repeated violation of proper set out and separation after
notification by the city or it contract or franchise
agent will subject the violating person to a penalty of
up to $10 per incident. That penalty will be assessed as
part of the regular Solid Waste disposal bill and will be
subject to the same payment an collection procedure
provided in Section 8.24.180 thereof.
6
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3 . An additional fee of ten dollars will be added to the bi-
monthly or monthly service fee to restart service for any
owner/occupant that discontinues service prior to
receiving an exemption under 8.24.180.G.
8.24.100 Solid Waste-Placement of containers for collection-Times.
No Solid Waste shall be placed for collection in an alley or
on the curb or the streets before six p.m. on the day immediately
prior to the scheduled collection day. No person shall permit
Solid Waste containers to remain on the street or alley after eight
p.m. of the collection day. Collection point shall be in front of
the residential property at the curbline or as close thereto as
possible without creating an obstacle on the sidewalk. All Solid
Waste placed at such collection points shall be deemed a request
for service by the city's contract or franchise agent.
8.24.110 [Intentionally Omitted] .
8.24.120 [Intentionally Omitted]
8.24.130 [Intentionally Omitted]
8.24.140 [Intentionally Omitted]
8.24.150 [Intentionally Omitted]
8.24.160 [Intentionally Omitted]
8.24.170 [Intentionally Omitted]
8.24.180 Payment of Solid Waste collection charges-Penalty for
Delinquency.
A. Payment Obligation. The city council finds and determines
that the regular collection of Solid waste, Yard Waste and
Designated Recyclables and the disposal or processing thereof
by the contract or franchise agent of the city from all places
in the city is a part of the integrated solid waste management
service to the premises from which it is collected. All
owners and occupants of premises within the city shall be
responsible for paying the monthly collection service rate
charged by the city or its contract or franchise agent, or
shall comply with the provisions of this Chapter for an
exemption from mandatory service as set forth in Section
8.24.180.E. No person that has not previously applied for and
7
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& ~/->
received an exemption shall willfully fail, neglect or refuse,
after demand by the city or its contract or franchise agent to
pay the service fees.
B. Billing and payment. All Solid Waste service charges shall be
billed upon a monthly or bi-monthly basis as determined by the
city council, and shall be due and payable by the
owner/occupant at the time indicated in the billing statement.
The city's solid waste contract or franchise agent will
provide solid waste billing services, and subj ect to the
provisions of this Chapter, be primarily responsible for the
collection of payments. The due date for each class of
generator shall be clearly indicated on the bill/invoice. If
the due date falls on a Saturday, Sunday or legal holiday the
customer will have until the end of the next regular business
day to make payment. Payments made by mail must be post-marked
no later than midnight of the due date on the invoice.
Payments may be made in person on or before the due date
between 8 a.m. and 5 p.m., Monday through Friday excluding
holidays at the contract or franchise agents Chula vista
office.
C. Billing cycles, classifications and due dates. All Solid Waste
service charges for Small Generators (residential dwellings
and businesses with curb service) shall be billed bi-monthly
in advance. The due date for Small Generator invoices shall
be the last day of the bi-monthly billing cycle. Solid Waste
service charges for Large Generators (residences and
businesses with bin, compactor or roll-off service) shall be
billed monthly in arrears. The due date for Large Generator
invoices shall be 15 days after the last day of the monthly
billing cycle. The cost of temporary services such as
industrial roll-off boxes may be applied to the monthly or bi-
monthly billing statements of existing customers, secured by
a line of credit or paid for as "Cash On Delivery" (COD) as
mutually agreed by the city contract or franchise agent and
the customer. The city will direct the contract or franchise
agent to deliver invoices to the Postal Service in a manner
that will provide customer no less than 15 days for delivery
and payment of their invoice without penalty.
D. Service Rates. The contract or franchise agent shall set
service rates subject to a Maximum Rate established by the
city council. A complete schedule of Maximum Rates, shall be
kept on file with the city clerk and the city conservation
coordinator and is available for public review. Maximum Rates
may be subject to increase pursuant to the terms of the city's
contract or franchise with the contract or franchise agent (s) .
Subj ect to the terms of the then in effect contract or
franchise, the council may from time to time establish such
rates by resolution, including the establishment of rates for
different classifications of generators (residential,
8
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commercial, industrial or subclassifications thereof) or types
of materials generated, including preferential or discounted
rates for senior citizens or low income families or other
classifications which are deemed to be in the public interest.
E. Penalties for Delinquency - Notification
l. A bill shall be considered delinquent if payment in full
is not received by the close of business or, postmarked
before midnight, of the due date as shown on the bill,
however when the final day falls on a Saturday, Sunday or
legal holiday payment may be made without penalty on the
next regular business day. If payments for Small
Generator invoices have not been received by the city
contract or franchise agent ten days before the due date,
the city contract or franchise agent shall send
notification (First Warning) outlining potential late
fees and penalties to the resident or business.
2. Late Notice - In the event the owner or occupant of any
premises or business shall be delinquent in payment of
any part or all of the Solid Waste fees and delinquency
continues for a period of ten (10) days after the due
date shown on the bill, the city's contract or franchise
agent shall send notification (Late Notice) to the owner
and occupant informing both of the amount owed, the
schedule of penalties and costs accrued at each stage of
delinquency as defined below. The notification to the
owner shall be mailed to the name and address listed on
the last available property tax assessment roll and shall
include the potential for delinquency amount to be
assessed as a lien and collected on the owner's property
tax bill. If payment in full is not received by the due
date on the bill/invoice, the city or its contract or
franchise agent may impose a one time late/processing fee
equal to 10% of the charges owed or $10. In addition,
for each 30 days the delinquent bill remains unpaid the
city, its contract or franchise agent may impose
additional late ¡processing fees equal to 1~% of the
outstanding debt. If the bill is not paid within 15 days
of the invoice due date the city contract or franchise
agent may charge an additional restart fee of $10. (the
penalties and restart fee are designated for
administrative convenience only in the master fee
schedule) . The city, its contract or franchise agent must
at minimum send one bill/invoice at least (10) ten days
before the due date and one notification letter by first
class mail to the owner or occupant prior to assessing a
penalty.
3. Final Late Notice - In the event that the owner or
occupant of any premises or business is delinquent in
9
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~._..._--~-----.. ~-
payment of all or any part of the Solid Waste bill, other
than for which they have applied for and received an
exemption from the city, for a period of 90 days after
the due date, of the invoice the city or franchise agent
shall assign the delinquent account to the city for
collection. upon mutual agreement the city contract or
franchise agent may assign delinquent accounts to the
city before (90) ninety days. At least (10) ten days
prior to assigning an account to the city for collection
the city contract or franchise agent shall send a second
notification (Final Late Notice) to the owner. The
notification shall include the total current amount due,
a description of the potential penalties for delinquent
amounts and a description of the potential lien process
(penalties and fees are designated for administrative
convenience only in the master fee schedule), the
location where the bill may be paid in person during
regular business hours and a self addressed return
envelope for payment by mail.
4. Final Notice of Delinquency - Upon assignment of the
delinquent account to the city for collection, the
delinquent charges, penalties and fees may be collected
by the city:
i. pursuant to a lien imposition and property tax bill
process provided, below;
ii. by suit in any court of competent jurisdiction, or
iii. any other manner permitted by law or equity at the
city's discretion.
Prior to setting a hearing to consider a lien the city
will send notification (Final Notice of Delinquency) to
the property owner with a detailed description of the
amount owed, penalty schedule, lien procedure and
associated costs and administration fees (the penalties
and fees are designated for administrative convenience
only in the master fee schedule).
F. Lien process for Solid Waste Services.
1. Hearing and lien - Notice. When the full amount for said
Solid Waste service charge is not paid within (15)
fifteen days after the Final Notice of Delinquency, the
city clerk may set said delinquent account for hearing by
the city council at a regular or adjourned regular
meeting which will be held at least seven calendar days
after such (15) fifteen-day period has expired. The owner
of the property shall be mailed notice of the time and
place of the hearing. The notice shall also inform the
property owner that failure to pay said delinquent
10
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account will result in a lien upon the property, and the
amount owed will be charged to the property owner on the
next regular tax bill. Notice of the public hearing shall
also be published once at least ten days in advance
thereof in a newspaper of general circulation published
in the city of Chula vista. The city clerk shall post a
copy of such notice of the time and place of hearing, in
a conspicuous place at or near the entrance of the
council chambers in the city hall.
2. Delinquent Accounts - Hearing and assessment. The city
council shall consider said delinquent accounts at the
time set for hearing together with any objections or
protests by interested parties. Any owner of land or
person affected by the charges may present a written or
oral protest or objection to the delinquency of said
account or the amount owed thereon. At the conclusion of
the hearing, the city council shall either approve the
delinquency and amount owed on the account as submitted
or as modified or corrected by the city council. The
decision of the city council on the charges and on all
protests or objections shall be final and conclusive. The
amounts so approved shall reflect the entire amount due,
including all penalties, interest and administrative fees
that have accrued against the account as of the date of
the hearing plus any county fees (for processing and
collecting the lien). The amount shall be charged to the
property owner on the next regular tax bill and shall be
a lien upon the property involved. The city council shall
confirm such assessment and cause the same to be recorded
on the assessment roll and, thereafter, such assessment
shall constitute a special assessment and lien upon the
property. The city council shall adopt a resolution
assessing such amounts as liens upon the respective
parcels of land as they are shown upon the last available
assessment roll.
3. Delinquent Accounts - Administrative Fee. All delinquent
accounts that are not paid within (10) ten days after
the Final Delinquency Notice has been posted may be
charged an admin~strative processing fee to offset the
costs incurred by the city in administering the
provisions of this chapter. The administrative processing
fee (designated for administrative convenience only in
the Master Fee Schedule) shall be added to the amount due
as collected by the city under Section E.4, above.
G. Solid Waste Service Deposits Required When-Amount. The city
its contract or franchise agent have the right to require
deposits from the owner or occupant of any premises who has
allowed his/her bill for Solid waste service charge to become
delinquent or who does not have an acceptable credit rating.
11
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Deposits shall be equal to the estimated amount of the Solid
Waste service charges for two billing cycles, but in no event
shall the deposit be less than ($25) twenty-five dollars.
H. Request for Exemption from fees - city approved exception
Terms for an exemption - all exemptions and extensions will be
granted for a period of not more than 180 days and shall be at the
discretion of the director of public works or his/her designee.
Applicants which have been sited with a notice of violation or
administrative citation and those that are late on sewer or Solid
Waste fee payment within the past six months will not be qualified
for an exemption.
Process for request - requests for an exemption for mandatory solid
waste services and payment shall be made on a form provided by the
director of public works. Requests on the required form shall be
completed by the applicant and submitted to the city as outlined on
the form at least five working days before the next applicable
solid waste billing cycle. An extension of an approved exemption
may be requested by submitting the request in writing at least ten
days before the end of the current extension period.
Conditions of an approved ap~lication - applicants shall agree to
an inspection of their prem1ses to verify compliance with solid
waste diversion and pay an inspection fee to the director of ~ublic
works or his designee per exemption period of ($15) f1fteen
dollars. The inspection fee shall be waived if the premises are in
compliance. If the premises are found to not be in compliance
subsequent re-inspection fees shall also be charged. Failure to
notify the city conservation coordinator or the city's contract or
franchise agent in writing prior to re-occupying the premises or
otherwise altering compliance with the exempt10n conditions, shall
constitute delinquency of payment for collection charges and
charges and penalties shall be retroactive to the first day of the
exemption period. In all cases, property owners and or their agents
will be expected to maintain sanitary premises pursuant to section
8.24.060 including but not limited to litter abatement, clean side
walks and gutters, and yard waste recycling (as appropriate)
throughout the exemption period.
Special terms - Exemptions will not ap~ly retroactively except as
stated in a Class 1, vacancy exempt10n below. All exemptions
requested by tenants shall also be s1gned by the property owner.
1. Vacancy Exemption for Unoccupied Premises: In the event
that the premises are un-occupied and all water, sewer,
electricity and ~as are also disconnected, an owner or
occupant of a res1dence or business may request a Vacancy
Exemption. Should the ~remises be unoccupied due to a
death or similar hardsh1p the executor, beneficiary or
county probate administrator may request a retro-active
exemption. It is the responsibility of the occupant
and/or the property owner to cancel an exemption for
vacancy and restart service if the property is to be
occupied before the end of the exemption period. The
request for service shall be made to the city contract or
12
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franchise agent at least two regular business days before
the next regular collection service day.
2. Self-haul: Occupant or tenants of premises may apply for
an exemption from fees for all or part of the solid
waste, yard waste and recycling services and remove or
convey waste and/or recyclables for processing and
disposal which they generate themselves. Such persons
must provide weekly receipts for disposal at a state
permitted landfill or transfer station and/or appropriate
recycling facility at the end of each billing cycle or
upon demand by the city or its contract or franchise
agent. Persons provided an exemption are still subject
to state mandated waste diversion goals and may not: a)
dispose of their waste in the waste receptacle of another
generator in Chula vista or another jurisdiction, in a
park or street litter bin, b) contract with a third party
to remove and convey their waste, c) burn their waste in
their fireplace or other means, d) dispose of designated
recyclables, or otherwise improperly dispose of waste or
recyclables as established in section 8.24040,045 and
050. A self-hauler exemption is not a permit to haul
waste generated by a second party.
3. Source Reduction, Recyclinc¡¡ and Composting Exemption: The
occupant/owner of any premJ.ses may apply for an exemption
from all or part of the Solid Waste, Yard Waste and
Recycling fees for 100% diversion (no disposal of any
kind, anywhere). Such persons must provide a written
descriptJ.on of their solid waste management plans to
comply with the state mandated landfill diversion goal
and the city's integrated solid waste management plan.
4. Property owners and occupants within an area newly
annexed to the city, that was not currently using the
city's contract or franchise agent may use the service of
a private refuse collection service other than the city's
franchise agent for a period not to exceed one billJ.ng
cycle. If the owner or occupant was under a pre-existing
franchise agreement with a private refuse collection
service other than the city's contract or franchise agent
they may remain with that service to the extent required
by law until the end of the agreement period less any
extensions in that agreement for a period not to exceed
180 days.
5. The city contractor or franchise agent may suspend
collection service and/or charges from a Large Generator
for:
i. vacancy,
i delinquency of payment subsequent to implementation
of Section 8.24.180.E, or
iii mutual agreement by the city and contract or
franchise agent.
The contractor shall notify the City ~uarterly of all
suspended accounts that did not result J.n payment.
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8.24.190 Reduced residential Solid Waste collection charges for
senior citizens
The city council finds and declares that single family households
consisting exclusively of one or more senior citizens (62 years and
older) do not generate as great a volume Solid Waste and, therefor,
a method should be provided which would result in a reduced
collection charge for such senior citizens that are billed directly
as part of the Small Generator category. The collection charge for
single family households consisting of one or more senior citizens
(and no none senior wage earners) that generate no more than one 32
gallon container of non-recyclable waste per week shall be based
u~on the cost established by resolution of the city council for
s1ngle container service for seniors, 62 years of age or older.
8.25.195 Mandatory Recycling for exemptions and reduced rate
customers
Where a Solid Waste rate reduction or exemption is granted
hereunder, the affected party shall not be exempted from and shall
remain subject to the Mandatory Recycling Ordinance. Each person
receiving a rate reduction or exemption shall be res~onsible for
doing there equitable share to assist the city w1th the 50%
landfill diversion goal mandated by the California Integrated Waste
Management Act of 1989 (AB 939) including but not limited to
participation in source reduction, reuse, recycling and composting
of the Designated Recyclables and Household Hazardous Waste as
applicable. Failure to comply with the Mandatory Recycling
Ordinance, or disposal of Solid Waste at a site other than the
premises where the waste was generated shall be cause for
termination of the exemption or reduced rate and shall subject the
rate payer to paying the full cost of service for the full period
of the exemption or reduced rate plus any applicable penalty for
violation of Section 8.24.040, 8.24.045 and 8.24.050 of the Chula
vista Municipal Code.
8.24.200 Interference with collection and scavenging prohibited
when.
It is unlawful for any person or persons other than the city
contract or franchise agent as defined herein and authorized by the
city to collect Solid Waste or Household Hazardous Waste to
interfere in any manner with any Solid Waste, Household Hazardous
Waste, Designated Recyclables or Yard Waste container or the
contents thereof, whether owned by private persons, the city, or by
its contract or franchise agent, or to remove any such container or
its contents from the location where the same was placed by the
owner thereof. This provision is not intended to prohibit any
person, firm or cor~oration generating a reusable or recyclable
commodity from sel11ng or giving the same as he/she or it may
desire; provided, that the commodity (ies) shall be removed and
conveyed in a manner strictly in accordance with the rules and
regulations of the county department of environmental health and
Section 8.23, 8.24, and 8.25 of the Chula Vista Municipal Code, and
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that such commodities shall be diverted from a landfill ,
transformation facility, use as alternative daily cover at a
landfill or other land application or other use not expressly
recognized as diversion by the city or the California Integrated
Waste Management Act of 1989.
8.24.210 Littering-By private persons prohibited where.
No person or persons shall leave, discard, deposit, throwaway
or cause to be left, discarded, deposited or thrown away, any Solid
waste, hazardous Waste or Medical waste of any type including but
not limited to paper, wood, glass, plastic, metals, Green Waste or
other organic matter upon any street, alley, gutter, sidewalk,
parkway, park or recreational area in the city.
8.24.220 Littering-By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to
deposit upon any sidewalk, or street within the city any sweepings
from any sidewalk, stairway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or
any other opening leading to the street or sidewalk within the city
shall be removed in a pan, shovel or other container and placed in
a container for Solid Waste, or Green Waste recycling or other
recycling container as appropriate.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings
in the city and the duty of all owners of vacant lots in the city
to keep the sidewalks adjacent to such premises clean and free of
any Solid Waste of any type including but not limited to paper,
wood, glass, plastic, metals, Green Waste, noxious weeds and
vegetation or other organic matter.
8.24.240 [Intentionally Omitted]
SECTION II: This ordinance shall become effective thirty days
after its final passage unless suspended by a referendum petition
filed as provided by law.
SECTION III: The City Clerk is hereby directed to publish a
summary of this ordinance in a newspaper of general circulation
circulated in the city of Chula vista.
Presented by
Michael Meacham, Conservation
Coordinator
H:\home\lorraine\or\chap8.24
15
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COUNCIL AGENDA STATEMENT /7
Item:
Meeting Date: 11/10/98
ITEM TITLE: Resolution /f~Jjl Authorizing the Mayor to execute agreements
with the San Diego Unified Port District for receipt of financial assistance for
the 1998 Summer Pops Concert and Chula Vista EXPO '99; and Amending
the FY 98/99 Budget to Appropriate $15,000 for EXPO '99
SUBMITTED BY, Ub"'Y ,"d R.~"M "'Æ;1J\
REVIEWED BY: City Manage~~ -? (4I5ths Vote: Yes..x.. No _ )
In July 1998, the City submitted financial assistance requests to the San Diego Unified Port District
for partial funding of the 1998 Summer Pops Concert, and Chula Vista EXPO 1999. The Port
Commission recently approved both funding requests, and the Port is now requiring the City to enter
into formal agreements which stipulate conditions and requirements for receipt of the approved
funding.
RECOMMENDATION: That Council adopt the Resolution authorizing the Mayor to execute the
agreements with the San Diego Unified Port District for receipt of financial assistance in the amount
of $25,000 for the Pops Concert and $15,000 for EXPO '99; and amend the FY 98/99 budget to
appropriate $15,000 for EXPO '99.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In July 1998, the City submitted two financial assistance requests to the San Diego
Unified Port District for partial funding of the 1998 Summer Pops Concert, and the 1999 EXPO event.
The Port Commissioners recently approved the funding requests. The Port District is now requiring
the City to enter into a formal agreement which stipulates certain conditions and requirements for
receipt of the approved funding. The agreement includes a General Terms and Conditions section,
which contains Hold Harmless language and insurance requirements. Copies of the agreements are
attached as Attachment "A" and Attachment "B."
During budget appropriations, funds were not budgeted for expenditures for EXPO '99, pending the
award by the Port District of the financial assistance. As the financial assistance has now been
approved by the Port; an appropriation is necessary in the budget in order to expend the funds
received from the Port.
FISCAL IMPACT: The Port has approved $25,000 in financial assistance for the 1998 Summer
Pops Concert, and $15,000 for the EXPO '99 event. The expenses for the 1998 Summer Pops
Concert have already been expended, and the expenditure report will be forwarded to the Port
District in order to request reimbursement from this award of funds. The requested budget
appropriation of $15,000 for EXPO '99 will be used for expenditures of the event, which will occur
in Spring 1999, and will be fully reimbursed by the Port District following the event based on the
award of financial assistance described in this report.
Attachments: "A" - Port Agreement -1998 Summer Pops Concert c-oCf g', ~;¿ 0 ~
"B" - Port Agreement - 1999 Expo Event C. oq g. ó1- 'éÀ I ~
~
[H:\HOMB\PARKSREC\A1I3\PORTFN98.A13 - 10-12.98] 1 ~
/~/
- ----_.._--_.._..~----_..._.._--_."
RESOLUTION NO. J9;¿,1r¡
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE
FOR THE 1998 SUMMER POPS CONCERT AND CHULA
VISTA EXPO 199 ; AND AMENDING THE FY 98/99
BUDGET TO APPROPRIATE $15,000 FOR EXPO '99
WHEREAS, in July 1998, the City submitted financial
assistance requests to the San Diego Unified Port District for
partial funding of the 1998 Summer Pops Concert, and Chula vista
EXPO 1999; and
WHEREAS, the Port Commission recently approved both
funding requests, and the Port is now requiring the city to enter
into formal agreements which stipulate conditions and requirements
for receipt of the approved funding; and
WHEREAS, the Port has approved $25,000 in financial
assistance for the 1998 Summer Pops Concert and $15,000 for the
EXPO '99 event; and
WHEREAS, during budget appropriations, funds were not
budgeted for expenditures for EXPO ' 99 I pending the award by the
Port District of the financial assistance and since the financial
assistance has now been approved by the Port, an appropriation is
necessary in order to expend the funds received from the Port.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Agreement with the San
Diego Unified Port District for Symphony Pops Concert 1998, a copy
of which shall be kept on file in the office of the City Clerk as
Document No ·cò9 8'...;< ;).¿).
BE IT FURTHER RESOLVED the city Council of the City of
Chula Vista does hereby approve an Agreement with the San Diego
Unified Port District for Chula Vista Expo 99, a copy of which
shall be kept on file in the office of the City Clerk as Document
No ,º=Õ 9 $" - ~;;¡ I.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said agreements with the Port District on
behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the FY 98/99 budget is hereby
amended by appropriating $15,000 for EXPO '99.
Presented by Approved as to form by
A~
David Palmer, Library and Kaheny, City Atto ney
Recreation Director 7- ;¡;;},tP
H:\home\lorraine\rs\expo.99
ATTACHMEKT A
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the City of Chula Vista, a municipal
corporation, herein called "Contractor."
RECITALS
1. Contractor has a program known as Symphony Pops Concert 1998.
2. The Program to be accomplished by Contractor contributes to a balance
of District navigational, commercial, fisheries, recreational and promotional programs
designed to enhance the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such nature that the
interests of District are better served by an agreement with Contractor than by the
performance of such a program by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of the parties as
herein expressed, District and Contractor agree as follows:
1. Program: Contractor shall conduct those program activities budgeted
and contained in Exhibit A, attached hereto and incorporated herein by reference as a
part of this agreement. Each specific program activity shall be subject to prior
approval of the District pursuant to the terms of Board of Port Commissioners Policy
Number 025.
2. Contract Administrator: The Strategic Planning Services Department of
the District is designated as the Contract Administrator of this agreement and shall
receive and process all reports and requests for payment. All correspondence shall be
sent to the following address:
1
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Ms. Rita Vandergaw, Director
Marketing & Public Relations
San Diego Unified Port District
Post Office Box 1 20488
San Diego, CA 92112-0488
3. Term of Agreement: The term of this agreement shall be from August 1,
1998, through July 31, 1999.
4. General Terms and Conditions: The General Terms and Conditions
attached hereto are incorporated by reference as though fully set forth herein and by
this reference are made part of this agreement.
5. Payment: District shall pay Contractor a sum not to exceed twenty five
thousand dollars ($25,000.00) to be used to perform the Program activities shown in
Exhibit A, subject to obtaining prior approval from the District as provided in Section
1, above.
a. No payment shall be made by District if any report (see
Sections 1, 5, 8 and 9) required by this and previous agreements is not
on file at the time payment is due.
b. Payment shall be solely for reimbursement of expenses already
paid by Contractor. Requests for reimbursement shall be submitted no
more often than monthly and shall provide proof of both incurrence and
payment [See Section 5.c.(2)]. Expenses must be incurred within the
term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1 ) A formal request for reimbursement in the form
of a letter to the Contract Administrator. Only expenditures
for program activities for which prior approval from the
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District was obtained will be reimbursed, provided,
however, the Contract Administrator may in exceptional
circumstances reimburse unforeseen expenses relating to
the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and
paid. Proof of incurrence and payment is defined in General
Terms and Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted within Sixty (60)
days after the end of the term of this agreement.
e. Payments shall not be made by District unless, and until, Contractor
has provided to Contract Administrator a plan, acceptable to said Administrator,
of appropriate public recognition or credit for the financial assistance as
described herein.
f. No portion of District funds under this agreement shall be used
for the purchase of awards, trophies, prizes, gifts, uniforms, capital
outlay or equipment or for the buildup of reserves.
6. Excess Costs: District shall not be held accountable or liable for any
monetary losses incurred as a result of conducting said program. It is agreed that
District's monetary contribution is limited to that stated herein and that District shall
not be responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly understood and agreed that
this agreement constitutes the entire agreement between Contractor and District and
supersedes all prior negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other than as expressly
3
75
provided in this agreement. No modifications or amendments of this agreement shall
be valid unless duly authorized, reduced to writing and signed by the parties hereto.
8. Reporting Requirements:
a. Contractor shall submit a Quarterly Performance Report, if
applicable, which shall provide a Quantitative indicator of the extent to
which the Program activities contained in Exhibit A have been met for
the immediately preceding Quarter and fiscal year to date. This report
form shall be provided by the Contract Administrator.
b. Quarterly reports shall be accompanied by copies of publicity
and advertising material evidencing credit to the District for its financial
support.
c. Contractor shall inform Contract Administrator in writing upon
the resignation, retirement or discharge of its executive director or other
managing agent, or a majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the end of Contractor's
fiscal year, Contractor shall file with the Contract Administrator duly certified copies of
true, accurate and complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds by Program
activities identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's
agreement.
c. A statement of revenues and expenditures and a balance sheet
of all funds received by the Contractor.
4
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d. If District funding is Twenty Thousand Dollars ($20,000.00) or
greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant. (If Contractor receives funding from Two (2) District fiscal
years during Contractor's fiscal year, financial disclosure shall include
separate data for each District fiscal year.)
10. No Third Party Beneficiary: This agreement is made and entered into for
the benefit of the District and Contractor only, and is not intended for the benefit of
any third party or any other person, and no such third party or any other person shall
be a third party beneficiary to this agreement or otherwise have the right to enforce
any provisions of this agreement.
11. Signatures Required: This agreement shall not be complete nor effective
until signed by either the Executive Director or Deputy Executive Director on behalf of
the District and by the other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By
CITY OF CHULA Vlsr A
By
5 7~?
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and conditions of the
attached agreement between the SAN DIEGO UNIFIED PORT DISTRICT, first party,
and the Organization or Organizations described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port District, a
public corporation.
b. "Executive Director" means the duly appointed, qualified
and acting Executive Director of District.
c. "Board" means the duly appointed, qualified and acting
Board of Port Commissioners of District.
d. "Organization" means the civic organization completely
directing and in complete control of its own affairs through its own
officers or member which is named in the attached agreement and is
signatory thereto. Wherever used herein and when appropriate,
"Organization" shall be deemed to also mean "Contractor" or
"Corporation. "
e. "Related Parties" or "Subcontractor" means an individual
or entity with whom the Organization contracts in order to carry out the
program described in the attached agreement.
f. "Contract Administrator" means the' duly appointed,
qualified and acting Contract Administrator as designated by the
Executive Director.
6
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g. "Revenue" means funds received by the Organization from
various sources. All major sources of revenue must be listed separately.
Minor revenue sources can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the Organization
for various expense categories. Where a budget has been established,
the expenditures should be grouped and recorded in accordance with
the budget. If a budget has not been established, then expenditures
would be grouped according to specific expense categories.
2. Proof of Incurrence and Pavment. Requests for reimbursement shall be
accompanied by proof of both incurrence and payment.
a. Incurrence shall be proven by invoice, bill, contract or other
document acceptable to Contract Administrator. All expenses must be
incurred within the term of the agreement between District and
Organization. Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be' proven by indicating the check number
and date of check on submitted invoice, bill, etc. Contract
Administrator may require canceled checks as additional support.
c. Request for reimbursement of payroll expenses shall be
accompanied by: i) an independently prepared payroll register, or ii) an
in-house payroll register and canceled payroll checks. Requests for
reimbursement of Payroll Taxes shall be supported by depository
receipts or canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e.g. travel
7
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expenses) or refundable deposits (e.g. telephone installation, rental
equipment).
3. Maintenance of Records. Organization shall keep, or cause to be kept,
true, accurate and complete records, including double entry books, a profit and ioss
statement, and a balance sheet, making it at all times possible to determine the
nature and amount of revenue and expenditures: Accounting for all revenues and
expenditures shall conform to generally accepted accounting principles: A separate
accounting of the expenditure of funds received from the District shall be maintained
in the accounting records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry such as sales
slips, cash register tapes, purchase invoices and receipts. Documents supporting a
profit and loss statement shall be retained by Organization until an audit of
Organization's records is conducted by District, or until a period of Three (3) years
has elapsed, whichever occurs first. Organization shall also maintain adequate output
information according to the following guidelines:
a. Information shall include quantitative measurements of
program effectiveness and/or output.
b. Information shall be as directly related to program funding
requirements as practical.
4. InsDection and Audit of Records. All books, statements, documents,
records and financial data of Organization shall be made available in the City of San
Diego and be open at all times for inspection and/or audit by District upon reasonable
notice. The District shall have the right to make copies or excerpts of pertinent
documents. Further, District has the option of conducting an audit of all books,
statements, documents, records and financial data of the Organization's related
8
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parties and/or subcontractors.
5. Financial Disclosure. Within Ninety (90) days aher the end of
Contractor's fiscal year, Contractor shall file with the Contract Administrator duly
certified copies of true, accurate and complete documents evidencing the financial
status for Contractor's immediately preceding fiscal year as follows:
a. A statement of the expenditure of District funds by
program to be identified in the same categories as contained in the final
budget and compared with budgeted amounts.
b. A statement of compliance with the terms of this contract
with the District.
c. A statement of revenue and expenditures and a balance
sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars ($20,000.00)
or greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant.
(If Contractor receives funding from Two (2) District fiscal years during
Contractor's fiscal year, Financial Disclosure shall include separate data for each
District fiscal year.)
6. IndeDendent Contractor. Organization is and shall at all times be and
remain an independent contractor and not an agent or employee of District.
7. Related Parties or Subcontractors. Services rendered to Contractor
through a subcontracted agreement shall be substantiated by detailed invoice.
Services rendered by a consultant shall be substantiated by invoice and contract
between Organization and consultant. Contract Administrator shall determine
9
'}-//
whether additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor shall, to the full extent allowed by law,
defend, indemnify, protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or injury to person
or property, including injury to Contractor's employees, agents or officers, which
arise from or are connected with or are caused or claimed to be caused by the acts or
omissions of Contractor and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same;
provided, however, that Contractor's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established sole active negligence or
willful misconduct of the District, its agents, officers or employees.
9. Insurance. The Executive Director may require Contractor to secure and
maintain liability insurance naming the San Diego Unified Port District as an additional
insured. Such insurance shall be secured from an insurance company acceptable to
the District and in an amount as may be required by the Executive Director.
Organization shall deliver to the District a certificate evidencing such insurance which
shall provide Thirty (30) days notice to be given to District in the event of a
cancellation.
10. Assianment. Organization shall not assign this agreement or any right
or interest hereunder without prior written consent of District. An assignment by
operation of law shall automatically terminate this agreement.
11. Interest of Oraanization. Organization, officers and members covenant
that they presently have no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this agreement. Organization further
10
7·- / d--
covenants that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the following prohibitions:
a. Organization shall not use directly or indirectly any of the
funds received from the District under this agreement for the following
purposes:
(1 ) To purchase awards, trophies, prizes, gifts,
uniforms or equipment.
(2) To support capital drives or buildup reserves.
(3) For any political or religious activities whatever.
b. Organization shall adopt and follow a policy prohibiting
endorsement of commercial products or services for purposes of
advertisement.
13. Eaual ODDortunitv and Non-Discrimination. Contractor hereby agrees to
comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair
Employment and Housing Act, and any other applicable Federal and State laws and
regulations hereinafter enacted prohibiting discrimination, including without limitation
laws prohibiting discrimination because of race, color, national origin, religion, age,
sex or handicap.
14. Withholdina of Funds and Termination. The District may withhold funds
from the contracting Organization and terminate its entire obligation upon notice to
the Organization if the Organization violates any of the terms of the agreement, or for
other good cause shown even if not related to a violation of the terms of the
agreement. The Executive Director shall thereafter advise the Board of the
notification of termination made to the Organization.
11
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~~~
=- ~~--
-- --------
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- CI1Y OF
CHUIA VISTA
PARKS, RECREATION AND OPEN SPACE DEPARTMENT
EXHIBIT A
CITY OF CHULA VISTA - SYMPHONY POPS CONCERT 1998
City of Chu1a Vista shall provide all administrative functions, support services, supplies and equipment to
produce and present an ou1door symphony concert on Sunday, August 16, 1998, at Marina View Park.
1. City shall enter in10 a contractual agreement with the San Diego Chamber Orchestra to provide the
musical performance. The contractual agreement shall include provisions for a 75 minute concert
that will start at 7: 30 PM. The Orchestra shall provide the musical perfonnance, as well as a
portable orchestra shell, sound system, stage platfonns, lighting, chairs, music stands, and other
required equipment, and shall provide all labor to set up and remove said equipment.
2. City shall provide all other required equipment and services for the event, which includes, but is
not limited to, the following:
A. Police services for security, and traffic control
B. a fireworks/laser display to accompany the final musical number
C. portable toilets for the Orchestra and the public
D. trash receptacles and trash control
E. free public shuttle bus service to and from the concert site
F. event administration and coordination
G. on-site staff for distribution of event programs and crowd con1rol
H. traffic safety and control equipment
3. City shall provide promotions and media exposure for the event, prominently identifying the San
Diego Unified Port District as the primary co-sponsor of the event:
A. prepara1ion and distribution of press packages and press releases including sponsorship
information
B. contact with local and area multi-media providers, encouraging promotions and release of
public service announcemen1s and feature articles highlighting sponsorship
C. purchase of paid advertising space in local and area newspapers
D. design, printing, and distribution of approximately 10,000 event flyers
E. design, printing, and distribution of approximately of 2,000 event programs to the be
distributed at the concert site
F. announcements at all City Summer Concert Series concerts, reminding concert participants
of upcoming events (reaching approximately 8,000 people)
G. announcements in the City's Quarterly publication which is distributed directly by mail to
approximately 54,000 homes and businesses in the City
H. announcements in the Recreation Division's Summer Activity brochure which is
distributed to approximately 25,000 households in Chula Vista via distribution through
City elementary schools
I. prominent display of a promotional banner provided by the Port on site at the concert
venue
J. The Port District will be publicly recognized and thanked as a sponsor during pre-concert
announcements made by Port District and City dignitaries
7~J~
276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA S1910· ( 9) 691-5071
@ P"'r..GoMI.mo'....,..,IødP.po,
ATTACHMENT B
AGREEMENT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the City of Chula Vista, a municipal
corporation, herein called "Contractor."
RECITALS
1. Contractor has a program known as Chula Vista Expo 99.
2. The Program to be accomplished by Contractor contributes to a balance
of District navigational, commercial, fisheries, recreational and promotional programs
designed to enhance the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such nature that the
interests of District are better served by an agreement with Contractor than by the
performance of such a program by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of the parties as
herein expressed, District and Contractor agree as follows:
1. Program: Contractor shall conduct those program activities budgeted
and contained in Exhibit A, attached hereto and incorporated herein by reference as a
part of this agreement. Each specific program activity shall be subject to prior
approval of the District pursuant to the terms of Board of Port Commissioners Policy
Number 025.
2. Contract Administrator: The Strategic Planning Services Department of
the District is designated as the Contract Administrator of this agreement and shall
receive and process all reports and requests for payment. All correspondence shall be
sent to the following address:
1 ?-¡5'
Ms. Rita Vandergaw, Director
Marketing & Public Relations
San Diego Unified Port District
Post Office Box 120488
San Diego, CA 92112-0488
3. Term of Aç¡reement: The term of this agreement shall be from August 1,
1998, through July 31, 1999.
4. General Terms and Conditions: The General Terms and Conditions
attached hereto are incorporated by reference as though fully set forth herein and by
this reference are made part of this agreement.
5. Payment: District shall pay Contractor a sum not to exceed fifteen
thousand dollars ($15,000.00) to be used to perform the Program activities shown in
Exhibit A, subject to obtaining prior approval from the District as provided in Section
1, above.
a. No payment shall be made by District if any report (see
Sections 1, 5, 8 and 9) required by this and previous agreements is not
on file at the time payment is due.
b. Payment shall be solely for reimbursement of expenses already
paid by Contractor. Requests for reimbursement shall be submitted no
more often than monthly and shall provide proof of both incurrence and
payment [See Section 5.c.(2)]. Expenses must be incurred within the
term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1 ) A formal request for reimbursement in the form
of a letter to the Contract Administrator. Only expenditures
for program activities for which prior approval from the
2 7~/~
District was obtained will be reimbursed, provided,
however, the Contract Administrator may in exceptional
circumstances reimburse unforeseen expenses relating to
the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and
paid. Proof of incurrence and payment is defined in General
Terms and Conditions attached hereto. Expenses must be
incurred within the term of this agreement.
d. Final requests for payment shall be submitted within Sixty (60)
days after the end of the term of this agreement.
e. Payments shall not be made by District unless, and until, Contractor
has provided to Contract Administrator a plan, acceptable to said Administrator,
of appropriate public recognition or credit for the financial assistance as
described herein.
f. No portion of District funds under this agreement shall be used
for the purchase of awards, trophies, prizes, gifts, uniforms, capital
outlay or equipment or for the buildup of reserves.
6. Excess Costs: District shall not be held accountable or liable for any
monetary losses incurred as a result of conducting said program. It is agreed that
District's monetary contribution is limited to that stated herein and that District shall
not be responsible for cash costs or support services.
7. Limits of District Responsibility: It is expressly understood and agreed that
this agreement constitutes the entire agreement between Contractor and District and
supersedes all prior negotiations. In no event shall Contractor be entitled to any
compensation, benefits, reimbursements or ancillary services other than as expressly
3
/~/?
provided in this agreement. No modifications or amendments of this agreement shall
be valid unless duly authorized, reduced to writing and signed by the parties hereto.
8. Reportinç¡ Requirements:
a. Contractor shall submit a Quarterly Performance Report, if
applicable, which shall provide a quantitative indicator of the extent to
which the Program activities contained in Exhibit A have been met for
the immediately preceding quarter and fiscal year to date. This report
form shall be provided by the Contract Administrator.
b. Quarterly reports shall be accompanied by copies of publicity
and advertising material evidencing credit to the District for its financial
support.
c. Contractor shall inform Contract Administrator in writing upon
the resignation, retirement or discharge of its executive director or other
managing agent, or a majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days aher the end of Contractor's
fiscal year, Contractor shall file with the Contract Administrator duly certified copies of
true, accurate and complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds by Program
activities identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's
agreement.
c. A statement of revenues and expenditures and a balance sheet
of all funds received by the Contractor.
4 7-/~
d. If District funding is Twenty Thousand Dollars ($20,000.00) or
greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant. (If Contractor receives funding from Two (2) District fiscal
years during Contractor's fiscal year, financial disclosure shall include
separate data for each District fiscal yeaL)
10. No Third Party Beneficiary: This agreement is made and entered into for
the benefit of the District and Contractor only, and is not intended for the benefit of
any third party or any other person, and no such third party or any other person shall
be a third party beneficiary to this agreement or otherwise have the right to enforce
any provisions of this agreement.
11. Siç¡natures Required: This agreement shall not be complete nor effective
until signed by either the Executive Director or Deputy Executive Director on behalf of
the District and by the other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By
CITY OF CHULA VISTA
By
5 7-/;
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and conditions of the
attached agreement between the SAN DIEGO UNIFIED PORT DISTRICT, first party,
and the Organization or Organizations described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port District, a
public corporation.
b. "Executive Director" means the duly appointed, qualified
and acting Executive Director of District.
c. "Board" means the duly appointed, qualified and acting
Board of Port Commissioners of District.
d. "Organization" means the civic organization completely
directing and in complete control of its own affairs through its own
officers or member which is named in the attached agreement and is
signatory thereto. Wherever used herein and when appropriate,
"Organization" shall be deemed to also mean "Contractor" or
"Corporation. "
e. "Related Parties" or "Subcontractor" means an individual
or entity with whom the Organization contracts in order to carry out the
program described in the attached agreement.
f. "Contract Administrator" means the' duly appointed,
qualified and acting Contract Administrator as designated by the
Executive Director.
6
7 ~ ,;2¿:J
g. "Revenue" means funds received by the Organization from
various sources. All major sources of revenue must be listed separately.
Minor revenue sources can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the Organization
for various expense categories. Where a budget has been established,
the expenditures should be grouped and recorded in accordance with
the budget. If a budget has not been established, then expenditures
would be grouped according to specific expense categories.
2. Proof of Incurrence and Payment. Requests for reimbursement shall be
accompanied by proof of both incurrence and payment.
a. Incurrence shall be proven by invoice, bill, contract or other
document acceptable to Contract Administrator. All expenses must be
incurred within the term of the agreement between District and
Organization. Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check number
and date of check on submitted invoice, bill, etc. Contract
Administrator may require canceled checks as additional support.
c. Request for reimbursement of payroll expenses shall be
accompanied by: i) an independently prepared payroll register, or ii) an
in-house payroll register and canceled payroll checks. Requests for
reimbursement of Payroll Taxes shall be supported by depository
receipts or canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e.g. travel
7
7 ~.)-!
expenses) or refundable deposits (e.g. telephone installation, rental
equipment).
3. Maintenance of Records. Organization shall keep, or cause to be kept,
true, accurate and complete records, including double entry books, a profit and loss
statement, and a balance sheet, making it at all times possible to determine the
nature and amount of revenue and expenditures. Accounting for all revenues and
expenditures shall conform to generally accepted accounting principles: A separate
accounting of the expenditure of funds received from the District shall be maintained
in the accounting records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry such as sales
slips, cash register tapes, purchase invoices and receipts. Documents supporting a
profit and loss statement shall be retained by Organization until an audit of
Organization's records is conducted by District, or until a period of Three (3) years
has elapsed, whichever occurs first. Organization shall also maintain adequate output
information according to the following guidelines:
a. Information shall include quantitative measurements of
program effectiveness and/or output.
b. Information shall be as directly related to program funding
requirements as practical.
4. InsDection and Audit of Records. All books, statements, documents,
records and financial data of Organization shall be made available in the City of San
Diego and be open at all times for inspection and/or audit by District upon reasonable
notice. The District shall have the right to make copies or excerpts of pertinent
documents. Further, District has the option of conducting an audit of all books,
statements, documents, records and financial data of the Organization's related
8
7 ---.;2..~
parties and/or subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the end of
Contractor's fiscal year, Contractor shall file with the Contract Administrator duly
certified copies of true, accurate and complete documents evidencing the financial
status for Contractor's immediately preceding fiscal year as follows;
a. A statement of the expenditure of District funds by
program to be identified in the same categories as contained in the final
budget and compared with budgeted amounts.
b. A statement of compliance with the terms of this contract
with the District.
c. A statement of revenue and expenditures and a balance
sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars ($20,000.00)
or greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant.
(If Contractor receives funding from Two (2) District fiscal years during
Contractor's fiscal year, Financial Disclosure shall include separate data for each
District fiscal year.)
6. IndeDendent Contractor. Organization is and shall at all times be and
remain an independent contractor and not an agent or employee of District.
7. Related Parties or Subcontractors. Services' rendered to Contractor
through a subcontracted agreement shall be substantiated by detailed invoice.
Services rendered by a consultant shall be substantiated by invoice and contract
between Organization and consultant. Contract Administrator shall determine
9
7~;))
whether additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor shall, to the full extent allowed by law,
defend, indemnify, protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or injury to person
or property, including injury to Contractor's employees, agents or officers, which
arise from or are connected with or are caused or claimed to be caused by the acts or
omissions of Contractor and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same;
provided, however, that Contractor's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established sole active negligence or
willful misconduct of the District, its agents, officers or employees.
9. Insurance. The Executive Director may require Contractor to secure and
maintain liability insurance naming the San Diego Unified Port District as an additional
insured. Such insurance shall be secured from an insurance company acceptable to
the District and in an amount as may be required by the Executive Director.
Organization shall deliver to the District a certificate evidencing such insurance which
shall provide Thirty (30) days notice to be given to District in the event of a
cancellation.
10. Assionment. Organization shall not assign this agreement or any right
or interest hereunder without prior written consent of District. An assignment by
operation of law shall automatically terminate this agreement.
11. Interest of Oroanization. Organization, officers and members covenant
that they presently have no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this agreement. Organization further
10
'/-c:2t(
covenants that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the following prohibitions:
a. Organization shall not use directly or indirectly any of the
funds received from the District under this agreement for the following
purposes:
(1 ) To purchase awards, trophies, prizes, gifts,
uniforms or equipment.
(2) To support capital drives or buildup reserves.
(3) For any political or religious activities whatever.
b. Organization shall adopt and follow a policy prohibiting
endorsement of commercial products or services for purposes of
advertisement.
13. Eaual ODDortunitv and Non-Discrimination. Contractor hereby agrees to
comply with Title VII of the Civil Rights Act of 1 964, as amended, the California Fair
Employment and Housing Act, and any other applicable Federal and State laws and
regulations hereinafter enacted prohibiting discrimination, including without limitation
laws prohibiting discrimination because of race, color, national origin, religion, age,
sex or handicap.
14. Withholdina of Funds and Termination. The District may withhold funds
from the contracting Organization and terminate its entire obligation upon notice to
the Organization if the Organization violates any of the terms of the agreement, or for
other good cause shown even if not related to a violation of the terms of the
agreement. The Executive Director shall thereafter advise the Board of the
notification of termination made to the Organization.
11
?~2S-
~{f?
:~--~
~~~~
~-~~
- Cl1Y OF
CHULA VISfA
PARKS, RECREATION AND OPEN SPACE DEPARTMENT
EXHIBIT A
CITY OF CHULA VISTA - CHULA VISTA EXPO '99
City of Chula Vista shall provide all administrative functions, support services, supplies and equipment to
produce and present a multi-venue community-based festival, "EXPO '99" on Saturday, April 10, 1999,
at Marina View Park.
1. The event will be plan!1ed through a broad-based community planning committee and will feature
live entertainment including music, dance, drama, and demonstrations. Local artists will
demonstrate their skills on site throughout the day. Fund-raising food and beverage concessions
will be operated by local non-profit organizations, and a wide variety of displays, booths, and
infonnational areas will be featured. Specialized activities and activity areas for children will be
included, and a number of City Departments and advisory commissions will participate.
3. City shall provide all required equipment, supplies, and services for the event, including:
A. staging, public address systems, shade canopies, tables, chairs, display boards, signage
B. Police services for security, traffic, and crowd control
C. portable toilets to supplement pennanent restroom facilities
D. trash receptacles and trash control
E. shuttle bus service (free 10 the public)
F. event administration and coordination
G. on-site staff for operation of the event and distribution of event programs
H. electrical power and support services
4. City shall provide promotions and media exposure for the event, identifying the San Diego Unified
Port District as the primary co-sponsor of the event:
A. preparation and distribution of press packages and press releases including sponsorship
infonnation
B. direct contact with local and area multi-media providers, encouraging promotions and
release of public service announcements and feature articles highlighting sponsorship
C. purchase of paid advertising space in local and area newspapers and publications
D. design, printing, and distribution of approximately 25,000 event flyers
E. design, printing, and distribution of approximately 5,000 event programs to be distributed
at the festival
F. announcement in the City's Quarterly publication which is directly distributed by mail to
approximately 54,000 homes and businesses in the City
H. announcements in the Recreation Division's Winter and Spring Activity brochures which
will be distributed to approximately 20,000 homes in Chula Vista via distribution through
City schools I
1. prominent display of a promotional banner or banners provided by the Port
~
7~.2¿
276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910· (619) 691-5071
@ Pœ~·eons..n., MK\'C"'" P."",
COUNCIL AGENDA STATEMENT
Item ?š
Meeting Date 11/10/98
ITEM TITLE: Resolution ) 9.2Só Approving an Agreement to Amend Legal
Descriptions of Recorded Agreements in Otay Ranch SPA One and
Authorizing the Mayor to 7te Said Agreement
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ~v (4/Sths Vote: Yes_ NoX)
The proposed agreement would amend the legal descriptions of several recorded agreements in Otay
Ranch SPA One to reflect a land swap between the Otay Ranch Company and McMillin Otay Ranch.
RECOMMENDATION: That Council adopt the Resolution approving subject agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Recently, the City approved a Lot Line Adjustment in Village One of the Otay Ranch project which
allows the Otay Ranch Company and McMillin Otay Ranch to perfonn a land swap at their common
boundary (see Exhibit A). This land exchange will allow each developer to plan and develop a complete
neighborhood in confonnance with the approved Tentative Map. The Otay Ranch Company will develop
Neighborhoods 12, 13, and 14 and McMillin will control the development of Neighborhood l2E.
The developers of the Otay Ranch SPA One Village One have requested the City to amend the
legal descriptions of several agreements, which have been recorded against their properties, to
reflect the new boundaries. The proposed agreement will accomplish that. Staff and the Ci1y
Attorney has reviewed the proposed agreement and has determined that the proposed boundary
modification will not change any obligation of the developers under the current agreements.
The agreements to be amended are the following:
Otay Ranch CompaIIY A lreements
1. Restated and Amended Pre-Annexation Development Agreement.
2. Detention Basin and Siltation Agreement.
3. First Amendment to the Detention Basin and Siltation Agreement.
4. Affordable Housing Agreement.
5. Supplemental Subdivision Improvemen1 Agreement for Village One of the Otay Ranch
Project.
McMillin A~reements
1. Otay Ranch SPA One Amendment Agreement.
2. Affordable Housing Agreement.
~---/
.~.
Page 2, Item
Meeting Date 11/10/98
3. Detention Basin and Siltation Agreement.
All the owners (both master developers and guest builders) of properties affected by the amendment
have signed the proposed agreement. Staff has reviewed the agreement, found it acceptable and
ready for approval by Council.
FISCAL IMP ACT: None to the General Fund. The developer is providing for the cost of staff time
involved in processing the agreement.
Exhibit A: Village One Land Swap
H:\HOME\ENGINEER\LANDDEV\OTA YRNCH\OR124.LDT
November 4, 1998 (8:02am)
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RESOLUTION NO. Jf:l.6¿J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT TO AMEND
LEGAL DESCRIPTIONS OF RECORDED AGREEMENTS IN
OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the City recently approved a Lot Line Adjustment
in Village One of the Otay Ranch project which allows the Otay
Ranch Company and McMillin Otay Ranch to perform a land swap at
their common boundary; and
WHEREAS, this land exchange will allow each developer to
plan and develop a complete neighborhood in conformance with the
approved Tentative Map with Otay Ranch developing Neighborhoods 12,
13 and 14 and McMillin controlling development of Neighborhood 12E;
and
WHEREAS, the developers of the Otay Ranch SPA One Village
One have requested the City to amend the legal descriptions of
several agreements, which have been recorded against their
properties to reflect the new boundaries; and
WHEREAS, the proposed agreement will amend the legal
descriptions of several recorded agreements in Otay Ranch SPA One
to reflect the land swap.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement to Amend Legal
Descriptions of Recorded Agreements in otay Ranch SPA One, a copy
of which shall be k~t on file in the office of the City Clerk as
Document NO .fV /) c¡ ¡?- c2 Q,
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of ~~~ttorney
Public Works
H:\home\lorraine\rs\landswap
g>-'jf-/~
NOY. 5 1998 12:23PM THE OTAY RANCH CO NO. 3052 P. 1
AGREEMENT TO AMEND LEGAL DESCRIPTIONS
This Agreement to Amend Legal Descriptions ("Agreement") is entered into as of
Novembet ----' 1998 by and between Otay Project, LLC, a California limited liability
company ("OP"), McMillin Otay Ranch, LLC, a Delaware limited liability company
fozmerly doing business as McMillin-D,A. America Dtay Ranch, LLC, a Delaware
limited liability company ("McMillin"), South Bay Project, LLC, a Delaware limited
liability company ("South Bay"), Otay Ranch, L,P" a California limited partnership
("Otay Ranch, L.P."), Shea Homes Limited Partnership, a California limited partnership
("Shea"), Centex Homes, a Nevada. general partnership ("Centex"), Standard Pa(:itic
Corp., a Delaware corporation ("Standard Pacific") and the City of Chula Vista, a
chartered municipal corporation of the State of California ("City") with respect to the
following facts:
A) WHEREAS, OP owns fee title to that certain land situated in the City of
Chula Vista, County of San Diego, State of California, more particularly described as
Parcel A in Exhibit "A" attached hereto; and
B) WHEREAS, McMillin owns fee title to that certain land situated in the
City of Chula Vista, County of San Diego, State of California, more particularly
described as Parcel B in Exhibit "A" attached hereto; and
C) WHEREAS, OP and McMillin executed that certain Land Exchange
Agreement and Escrow Instruc:tions between Otay Project, LLC and McMillin Dtay
Ranch, LLC, dated September 11, 1998 wherein DP agreed to convey Parcel A to
McMillin and McMillin agreed to convey Parcel B to OP (said conveyances being
collectively referred to herein as the "Land Exchange"); and
D) WHEREAS, OP, McMillin, and City all desire to complete the Land
Exchange as expeditiously as possible; and
E) WHEREAS, certain documents have been recorded against both Parcel A
and Parcel B which set forth the legal descriptions of the parcels which legal descriptions
must be amended to reflect the Land Exchange; and
F) WHEREAS, a document entitled Restated and Amended Pre-Annexation
Development Agreement with Otay Ranch, L.P" dated March 4, 1997, executed by City
and Otay Ranch, L.P. was recorded against Pareel A on May 12, 1997 as File No. 1997-
0219970; and
G) WHEREAS, a document entitled Detention, Basin and Siltation
Agreement, dated August 12, 1997, executed by Otay Ranch L.P. and City was recorded
against Parcel A on September 26,1997 as File No. 1997-0477304; and
H) WHEREAS, a First Amendment to said Detention, Basin and Siltation
Agreement was recorded against Pareel A on February 17, 199·8 as File No. 1998-
0079314; and
f5--~
NOV, 5.1998 1?:24PM THE OTAY RANCH CO NO. 3052 P. 2
-:
I) WHEREAS, a document entitled Affordable Housing Agreement, dated
December 17, 1997, executed by OP, South Bay, and City was recorded against Parcel A
onFebroary 17, 1998 as File No. 1998-0079313; and
1) WHEREAS, a document entitled Village One of the Otay Ranch Project
Supplemental Subdivision Improvement Agreement, dated June 16, 1998, executed by
City, OP, South Bay, Centex, Shea, and Standard Pacific was recorded against Parcel A
on JW1e 24, 1998 as File No. 1998-0388640; and
K) WHEREAS, a document entitled Supplemental Subdivision Improvement
Agreement for First Final "B" Map for Village One of the Otay Ranch Project, dated
October 13, 1998 was executed by City, OP, South Bay, Centex, Shea and Standard
Pacific; and
L) WHEREAS, a document entitled Otay Ranch SPA One Plan Amendment
PCM 97-20, dated June 3,1997, executed by McMillin - DA America Otay Ranch, LLC
and City was recorded against Parcel B on January 27, 1998 as File No. 1998-0039626;
and
M) WHEREAS, a document entitled Affordable Housing Agreement, dated
February 10, 1998, executed by McMillin - D.A. America Otay Ranch, LLC, McMillin
Otay Ranch, Inc., and City was recorded against Parcel B on March 4, 1998 as File No.
1998.0115872; and
N) WHEREAS, a document entitled Detention, Basin and Siltation
Agreement dated, March 31, 1998, executed by McMillin - D.A. America Otay Ranch,
LLC, and City was recorded against Parcel B on May 4, 1998 as File No. 1998-0257628;
and
0) WHEREAS, all of the documents referenced in Recitals E through K
above are hereinafter referred to as the "OP Recorded Agreements"; and
P) WHEREAS, all of the documents referenced in Recitals L through N
above are hereinafter referred to 8$ the "McMillin Recorded Agreements; and
Q) WHEREAS, the OP Recorded Agreements and the McMillin Recorded
Agreements are hereinafter collectively referred to as the "Recorded' Agreements"; and
R) WHEREAS, OP, McMillin and City now desire to amend the legal
descriptions of the Recorded Agreements such that the OP ~orded Agreements
currently recorded against Parcel A will be removed from Parcel A and be recorded
against Parcel B and the OP Recorded Agreements currently recorded against Parcel B
will be removed from Parcel B and be recorded against Parcel A;
NOW, THEREFORE, the parties hereto mutually agree as follows:
g---?
NOV, 5,1998 12:24PM THE OTAY RANCH CO NO. 3052 p, 3
1) The legal description referenced in each of the OP Recorded Agreements
is hereby amended to except therefrom Pareel I of Parcel Map No. 18125 which was
recorded on October 8, 1998 as File No. 98-605242 (the "Parcel Map") and include
therein Parcel 2 and 3 of the Parcel Map.
2) The legal description referenoed in each of the McMillin Reeorded
Agreements is hereby amended to except therefrom Parcel 2 and 3 of the Parcel Map and
include therein Paroell of the Parcel Map,
3) OP, McMillin, South Bay, Otay Ranch, L.P., Shea, Centex and Standard
Pacific affirmatively represent that as of the dare first set forth above, no intervening acts
have affected the Recorded Agreements' place in their respective chains of title as to
either Parcel A or Pareel B.
4) As to both Parcel A and Parcel B. this Agreement is intended to amend
and restate the Recorded Agreements and assume the same recording priority as the
original Recorded Agreements.
5) McMillin acknowledges and agrees that it shall continue to be bound by
the obligations set forth in City Council Resolution No. 18685 and Exhibit "A" attached
thereto.
6) OP and McMillin hereby agree to indemnify and hold the City, and each
of its officers (including elected officials), employees and agents ("Indemnitees")
hamùess from and against any and all claims, suits, actions, or other proceedings to
which the Indemnitees are exposed ("Proceedings") and from and against any and all
losses, expenses, expenditutes, costs, judgments, decrees, and orders (including orders for
the payment of attorney's fees and costs) to which the Indemnitees are exposed or which
the Indemnitees incur ("Losses") relating to, caused by, or resulting from the Indemnitee's
preparations, review, approval or implementation of this Agreement ("Indemnitee's
Actions"), including, but not limited to:
1) any and all Proceedings to attack, set aside, void or
annul any of the decisions or determinations that the
Indemnitees make in connection with the approval
of this Agreement; and
2) any and all Proceedings contending that the
Indemnitee's Actions are invalid as not roughly
proportional to the impact of this agreement; or,
3) any and all Proceedings asserting any other theory
contesting or challenging the lawfulness or legality
of the Indemnitee's Actions.
7) All other terms and provisions of the Recorded AgreementS shall remain
in full force and effect.
~7
NOY, 5,1998 12:25PM THE OTAY RANCH CO NO. 3052 p, 4
IN WITNESS WHEREOF, this Agreement has been executed ItS of the
date set forth above.
OTAY PROJECT, LLC,
a California limited liability company,
By: OT A Y RANCH DEVELOPMENT, LLC,
a Delaware limited liability company,
By:
CENTEX HOMES,
a Nevada general partnership
By: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation,
Its Managing Partner,
By:
SHEA LAND HOLDINGS, LLC
an Arizona limited liability company,
By: Shea Hoxnes Limited Partnership,
a California limited partnership, Member,
By: J.F. Shea Co., Inc.,
a Nevada corporation, Its general partner,
By:
By:
STANDARD PACIFIC CORP.,
a Delaware corporation,
By:
(NEXT PAGE IS PAGE TWO OF SIGNATURE PAGE)
R' ~ ¿)'
NOV, 5,1998 12: 25PM THE OTAY RANCH CO NO, 3052 p, 5
MCMILLIN OT A Y RANCH, LLC,
a Delaware limited liability company,
By: McMillin Companies, LLC,
a Delaware limited liability company,
Its Managing Member,
By:
By:
SOUTH BAY PROJECT, LLC,
a Delaware limited liability company,
By:
CITY OF CHULA VISTA
By: Mayor
Attest:
Beverly Authclet
City Clerk
Approved as to fonn:
City Attorney
g-~9
NOV. 51998 11:11AM THE OTAY RANCH CO NO. 3044 P. 8/13
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
LOT 17, TOGETHER WITH SANTA FLORA ROAD. GOLD RUN DRIVE. AND A PORTION OF
L0T18 OF CHULA VISTA TRACT NO. 9~, OTAY RANCH VILLAGE 1, "A" MAP NO.1, IN
THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CAUFORNIA,
ACCORDING TO MAP THEREOF NO. 13592. FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON JUNE 24, 1998, MORE PARTICUlARlY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 17;
1. THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 17 AND THE
EASTERLY LINE OF SAID LOT 18, SOUTH 17"51'17" EAST, 1383.72 FEET;
2. THENCE LEAVING THE EASTERLY LINE OF SAID LOT 18, NORTH 75"11'00. WEST.
30.87 FEET;
3. THENCE NORTH &4"23'53" WEST. 115.64 FEET;
4. THENCE NORTH 85"09'30" WEST, 58,4(1 FEET;
5. THENCE NORTH 88"35'00" WEST, 51.00 FEET;
e. TI-lENCE SOUTH 85"01'16" WEST. 32.32 FEET TO A POINT ON THE NORTHEASTERLY
LINE OF SAID LOT 18;
7. THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 18.
NORTH 88"35'00" WEST. 28,00 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 17:
8. THENCE NORTHERlY ALONG THE COMMON LINE BETWEEN SAID LOT 17 AND LOT
"R" OF SAID MAP NO. 13592 AND ALONG THE weSTERLY LINE OF SAID GOLD RUN
DRIVE, NORTH 01"25'00· EAST, 1559.28 FEET;
9. THENCe NORTH 43"35'00· WEST, 14.14 FEET TO A POINT ON THE SOUTHERLY UNE
OF SAID SANTA FLORA ROAD:
10. THENCe WESTERLY ALONG THE SOUTHERLY UNE OF SAID SANTA FLORA ROAD,
NORiH 88~OO· WEST, 436.26 FEET:
11. THENCe SOUTH 20"42'24· WEST, 21.19 FEET TO A POINT ON THE SOUTHEASTERLY
SIDELINE OF EAST PALOMAR STREET (139 FEET WIDE) AS SHOWN ON SAID MAP
NO. 13592;
12. THENCe NORTH 01 "25'00" EAST. 188.77 FEET TO A POINT ON THE
NOR-niWESTERL Y LINE OF SAID LOT 17, SAID POINT ALSO BEING THE BEGINNING
OF A TANGENT 529.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
13. THENCE NORTHEASTERlY ALONG THE NORTHWESTERLY UNE OF SAID LOT 17
AND ALONG SAID CURVE iHROUGH A CENTRAL ANGLE OF 34"53'23", AN ARC
DISTANCE OF 322.44 FEET TO A POINT OF COMPOUND CURVATURE WITH 477.00
FOOT RADIUS CURVE. A RADIAL TO SAID POINT BEARS NORTH 53"41'3r WEST;
14. THENCE CONTlNUING NORTHEASTERLY ALONG THE NQRTHWESTERL Y LINE OF
SAID LOT 17 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29"55'35",
AN ARC DISTANCE OF 249.14 FEET:
PAGE 1 OF 2 -
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NOV, 5.1998 11: 12AM THE OTAY RANCH CO NO. 3044 P. 9/13
15. THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID LOT 17 AND
TANGENT TO SAID 477.00 FOOT RADIUS CURVE, NORTH 66"13'59" EAST, 26.19 FEET
TO TI-lE POINT OF BEGINNING.
~1A-(1-4- 8-31.-',
JOHN W. HILL. JR. LS. sees
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 -
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NOV, 51998 11:12AM THE OTAY RANCH CO NO, 3044 P 11/13
LEGAL DESCRIPTION
PARca B:
A PORTION OF QUARTER SECTION 12 OF RANCHO DE LA NACION, IN THE CIlY OF
CHULA VISTA, COUN1Y OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1156, FILED IN THE OFFIce OF THE SAN CIEGO COUNTY RECORDER ON
MAY 1; 1869. LYING WITHIN PARCEL 2 OF CERTIFICATE OF COMPLIANCE DOCUMENT
RECORDED SEPTEMBER 12, 1997 AS DOCUMENT NO. 1997..0443746 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY. eEING MORE PAATlCUL.ARL. Y DeSCRIBED AS
FOLl.OWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 17 OF CHULA VISTA TRACT
NO.~. OTAY RANCH VllJ.AGE 1; "A" MAP NO.1, IN THE CIiY OF CHUlA VISTA,
COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO.
13592. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 24,
1998;
1. THENCE SOUTHERLY ALONG THE EAST'ERL Y UNE OF SAID LOT 17. THE EAST'ERLY
LINE OF LOT 18 OF SAID MAP NO. 13592, AND THE WE~ Y UNE OF SAID
PARCEl. 2. SOUTH 17":;1'17" EAST (SOUTH 17-S1'23" EAST PER CERTIFICATE OF
COMPLIANCE), 13&3.72 FEET TO THE TRUE POINT OF BEGINNING;
2. THENCE LEAVING SAID EASTER!.. Y UNE OF LOT 1.8 AND SAID WESTERLY UNE OF
PAAca 2, SOUTH 75-11'00"' EAST. 27,32 FEET;
3. THENCe SOUTH 73"0714" EAST, 58,10 FEET;
4. THENCE SOUTH 70"14'35" EAST. 117.41 FEET;
5. THENCE SOUTH 64"37'36" EAST, 114.57 FEET:
6, THENCE SOUTH 1~48'00"' EAST, 198.99 FEET:
7. THENCE SOUTH 07"22'21" WEST, 155.77 FEET TO 'A POINT ON A NO~TANGENT
37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTER1..Y, A RADIAL UNE TO SAID
POINT BEARS NORTH œe56'13" WEST;
8. THENCE EASTERLY, SOUTHEASTERLY, SOUTHEAL. Y AND SOUTHWESTER!. Y
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 137"21'40", AN ARC
. DISTANCE OF 88.70 FEET; .
9. THENCE NON-TANGENT TO SAID CURVE SOUTH 4P3ot'33" EAST. 10.00 FEET;
10. THENCE SOUTH OP33'OO"WEST, 83,84 FEET;
11, THENCE SOUTH 75"'4O'CO" EAST. 47.72 FEET;
12.. THENCE SOUTH 14"'20'00"VVEST. 75.43 FEET TO A POINT ON A. NON-TANGENT so.oo
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL UNE TO SAID POINT
BEARS NORTH 21852'17" EAST;
13. THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 82"'27'43", AN ARC DISTANCE OF 71.96
FEET;
14. THENCE NON- TANGENT TO SAID CURVE SOUTH 32"38'08" EAST, 52.00 FEET;
15. THENCE SOUTH 13845'52" EAST, 26.64 FEET;
1S. THENCE SOUTH 14"'20'00" WEST, 80.00 FEET;
17. THENCE SOUTH 42"13'19" eAST, 27.29 FEET;
PAGE 1 OF2 -
:DMS~IUga"'~èc . b~/J
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NOY, 5,1998 11: 12AM THE OTAY RANCH CO NO, 3044 p, 12/13
18. THENCE SOUTH 19°00'01" EAST, 91.26 FEET;
19. THENCE SOUTH 21°06'25" WEST, 91.26 FEET;
20. THENCE SOUTH 61°12'51· WEST, 76.00 FEET TO A ~OINT ON THe WESTERLY LINE
OF SAID ~ARceL 2. SAID POINT ALSO LYING ON THE EASTERLY LINE OF LOT 7 OF
SAID MAP NO. 13592;
21. THENCE NOR11-!WESTERL Y ALONG THE WESTERLY LINE OF SAID PARCEL 2 AND
ALONG THe EASTERLY LINE OF LOT 7, LOT 20 AND LOT 18 OF SAID MAP NO. 13592,
NORTH 17°51'17" WEST, 1189.89 FeET TO THE TRUE POINT OF BEGINNING.
~..v!l~ e-Jt-ft
JOHN w. HILL, JR. . L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO. INC.
PAGE 2 OF 2 -
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8'-/5
COUNCIL AGENDA STATEMENT Iteml
Meeting Date: 11/10/98
ITEM TITLE: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 2.2 OF THE CHULA VISTA GAMING PLAN LIMITING TO
FOUR THE NUMBER OF CARDROOM LICENSES THAT MAY BE
ISSUED
/9A£í
RESOLUTION AMENDING SECTION 2.2 OF THE CHULA
VISTA GAMING PLAN TO LIMIT TO FOUR THE NUMBER OF
CARDROOM LICENSES THAT MAY BE ISSUED
.0 -
SUBMITTED BY: Chief of Police ~ ~
REVIEWED BY: City Manage~,. ---'
(4/5ths Vote: Yes_ No-L)
Presently there are four cardroom licenses issued in the City of Chula Vista. Two of these
licenses are owned by Mr. Harvey Souza operating the Village Club Cardroom, as a
consolidated "Class I" license. This entitles Mr. Souza to operate up to 12 card tables at
a single location. Currently, however, he may only operate eight card tables because his
existing location does not have sufficient parking to support a larger operation. The other
two licenses are owned by the California Commerce Casino; but, have not been activated.
Section 2.2 of the Gaming Plan currently allows for one cardroom permit per 40,000
population or any fraction thereof. The City's current population per the California
Department of Finance as of January 1, 1998, is 162,000. The Gaming Plan allows for a
fifth license to be activated once the City's population exceeds 160,000.
In January of this year, City Council directed staff to bring back an amendment to the
Gaming Plan eliminating the fifth license as an option. City Council approval of this item
would implement that direction.
RECOMMENDATION: That Council adopt the attached resolution amending Section 2.2
of the Gaming Plan limiting the number of cardroom licenses to a maximum of four, and
requiring that any proposed amendment of the Gaming Plan to issue any additional
licenses be first submitted to the electors of the City for an advisory vote.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On January 13, 1998, the City Council was asked to make additional modifications to the
f~/
Page 2, Item
Meeting Date: 11/10/98
Gaming Plan by Mr. Souza. These included:
· Permit the playing of all card games permitted by the Division of Gambling Control
of the Department of Justice.
· Consolidation of two 12-table cardroom licenses.
· City waiver of the provision of the three year card club operation when moving from
Class I to Class II License.
· Allow for 24-hour operation vs. closing from 4:00 a.m. to 8:00 a.m.
· Increasing the number of players at a table from 9 to 11.
· No segregation of Class I and Class II tables.
· Drinking of intoxicating liquor subject to City's land use regulations vs. prohibited by
Gaming Plan.
· Addition of a security element to the Gaming Plan.
Council denied the request for modification in all areas except the security element which
was approved.
At that time Council also directed staff to bring back before the City Council a measure
proposing the elimination of the fifth license. Council's intent at that time was to limit the
number of cardroom licenses issued in the City of Chula Vista to four and to preclude the
issuance of additional licenses regardless of City population. ( See Attachment A, City
Council Minutes of January 13,1998.)
Issuance of a fifth cardroom license would allow for the operation of an additional eight
tables in the City. Under current ownership of the existing four licenses, a maximum of 24
tables is authorized.1 Council action to eliminate an increase in the issuance of cardroom
licenses based on City population would limit cardrooms in the City of Chula Vista to the
four licenses currently in place. Under staffs proposed change to the Gaming Plan before
any additional licenses could be issued, the matter would first need to be submitted to the
electors of the City for an advisory vote. (See Attachment B, Amended Section 2.2 of
Chula Vista Gaming Plan.)
It should be noted that newly enacted State laws regulating local gaming impose their own
set of requirements for voter approval of gaming expansion. The enactment of Senate Bill
8 in 1997, added statutory authority for the regulation of legal gambling in California by the
State's Division of Gambling Control commencing with Business & Professions Code,
lEach license entitles its holder to operate eight tables. However, if one operator obtains two
licenses, they are entitled only to operate 12 tables (not 16). With two operators holding two licenses
each, the maximum numbers of tables authorized is 24. This is the current situation. If each license were
to be held by a separate operator, potentially up to 32 tables could be operated.
9-2
Page 3, Item
Meeting Date: 11/10/98
Section 19800 known as The Gambling Control Act. As part of the Gambling Control Act,
Business and Professions Code §19950.1 (a) requires a majority vote of the electors to
approve any increase of 25% or more in the number of cardroom tables in the City. This
law raises issues as to the authority for and appropriateness of this manner of State law
control of gaming. However, given the fact that the regulation of gaming generally has
long been considered a legitimate matter of "statewide concern", such laws are likely to be
found binding on all local agencies.
The alternative to staff's recommendation would to keep the status quo. This would allow
the Council, subject to applicable State law voting requirements, to issue an additional
license now, and again for each 40,000 person increase in the City's population. However,
staff does not recommend this approach. City Councils have long sought to keep
cardroom gaming within the City limits at the "Mom and Pop" level. Deferring the decision
as to whether or not to issue an additional license to future Councils could change the
present Council's vision of Chula Vista. Based on population projections for Chula Vista,
by the year 2004 when the population may exceed 200,000, future Councils would have
the opportunity to add an additional license for a total of six (6) licenses. As a result, in
the future Chula Vista could have as many as three consolidated cardroom licenses
allowing under current rules for consolidation, the operation of 36 tables.
FISCAL IMPACT: There is no current impact to the General Fund; however, an eight table
Class I license would generate $56,000 per year in licensing fees. The addition of a fifth
license may have a fiscal impact on the General Fund. Prior licenses were granted with
no funds received by the City for the granting of the license. The potential exists that the
City could sell the fifth license bringing revenue to the General Fund. It is unknown at this
time given today's economy what the value of a cardroom license in the City of Chula Vista
would be.
Attachment A - January 13, 1998, City Council Minutes - NOT SCANNED
B- Section 2.2 of Chula Vista Gaming Plan - Amended
K:IUSRIADMINlSCSIA 113SICARDRM2, WPD
9~3 9~~
__ _ __ ~_.._m__
Minutes ATTACHMENT A
January 13, 1998
Page 4
· · · END OF CONSENT CALENDAR · · ·
ORAL COMMUNICATIONS
None
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
10. PUBLIC HEARING TO CONSIDER APPROVAL OF A MODIFIED CITY GAMING PLAN,
PURSUANT TO CHAPTER 5.20 OF TIlE MUNICIPAL CODE, TO ALLOW FOR: (1) FURTHER
CONSOLIDATION OF CARDROOM LICENSES TO PERMIT A 24 TABLE CARDROOM; (2) CARDROOM
OPERATIONS ON A 24 HOURS A DAY, 365 DAYS A YEAR BASIS; (3) ADDffiONAL TYPES OF GAMES;
(4) REVISED CARDROOM LICENSE TRANSFER POLICIES; AND (5) RELATED AMENDMENTS - On
2120/96, Council approved a Gaming Plan which made a number of changes to the City's previous Gaming Ordinance.
This was the result of a request made by Harvey Souza of the Village Club Cardroom. The new Gaming Plan allowed
additional games to be played subject to certain restrictions. The new Gaming Plan also made modifications to the
hours of operation, days of operation, maximum bets, and per table charges. Mr. Souza is now asking for additional
changes to the City Ordinance and Gaming Plan. Staff recommended that Council: (A) Deny the request and continue
to follow the Gaming Plan instiluted in 1996; or (B) Modify the Gaming Plan to include applicant's requested changes.
(City Manager and Chief of Police)
RESOLUTION 18862 AMENDING THE CITY GAMING PLAN TO INCLUDE A SECURITY ELEMENT
AND DENYING REQUEST FOR FURTIlER MODlFICATION OF THE CITY GAMING PLAN PURSUANT
TO CHAPTER 5.20 OF THE MUNICIPAL CODE
Richard Emerson, Police Chief, stated that the applicant has asked for eight changes to the current Gaming Plan: I)
permit the playing of all card games permitted by the Division of Gambling Control; 2) consolidate two twelve-table
cardroom licenses; 3) waive the provision of the three year card club operation when moving from a Class 1 to a Class
11 operation; 4) allow a twenty-four operation versus the current operating hours of closing from 4:00 a.m. to 8:00
a.m.; 5) increase the number of players from 9 to 11 at each table; 6) not segregate ihe Class I and Class 11 tables;
7) have the drinking of intoxicating liquors controlled by the City's land use regulation versus being prohibited by the
Gaming Plan; and 8) add a security element to the Gaming Plan. Staff supports adding the security element.
Additionally, there was a request from Haig Kelegian to transfer ownership on the other two licenses currently owned
by Commerce Casino, changing those into his name and ultimately consolidate to a 24 table cardroom. One of staff's
concerns was how does this affect our family-oriented community. At this point in time, the cardroom is viewed by
the Police as a "mom and pop" operation that was not creating a criminal problem. Staff believes that we should make
the modification to the Gaming Plan as far as the security issues, but leave the operation as it is.
Glen Googins, Deputy City Attorney, clarified the basic options as follows: I) To deny the requested changes and
make only those technical changes that staff has developed in order to comply wiih some State law requirements which
were recently adopted. 2) To approve some or all of the substantive modifications. It is staff's recommendation that
if Couocil decided to proceed with some or all of the substantive changes, ihat approval be done in concept, and direct
staff to work out some of ihe more detailed language that staff would desire to the actual Gaming Plan. The applicant
has proposed specific changes which staff would request additional time to review ordinances and jurisdictions with
larger cardrooms operations to look more closely at recent affective State regulations which impose certain kinds of
regulations and to analyze revenues, security, transfer, land use. etc. to make sure the Couocil's and Police Chief's
concerns might be properly addressed.
This being the time and place as advertised, the public hearing was opened. Addressing Couocil were:
. Paul Pfingst, San Diego, District Attorney, stated that ihroughout the uoincorporated areas of the County,
cardrooms are illegal, and have been so for a long period of time. In most cities inside the County, cardrooms are
t~y
Minutes
January 13, 1998
Page 5
illegal. In the areas where cardrooms are legal, it is because they are generally grandfathered in from a time where
there were many cardrooms, and city councils have taken the position that to deprive someone of their business would
be unfair, so they have grandfathered those businesses to stay within families. From time-to-time those cardroom
operators who have been grandfathered have made requests to expand the nature of the operation and go from a "mom
and pop" operation to large corporate operation. In 1992, the County Police Chiefs and Sheriffs Association were
asked to study the matter. They crafted a policy on behalf of County law enforcement expressed in a letter of August
6, 1992 and addressed to Mayor O'Connor discussing the feelings about this issue. He requested that this letter be
made a part of the record. There were two issues: 1) traditional law enforcement which includes money lauodering,
bookmaking, robbery, and various other things that come along with gambling; and 2) the uodo influence that large
scale gambling can have on elected political officials with the lobbying that takes place. Corporate participation and
large scale accommodations present a very real threat to the integrity of the political processes of a commuoity and
to the law enforcement community. He was opposed to these consolidations if they present the level of consolidation
that poses that risk to a community. He admitted that he had not studied Chula Vista's proposal in depth.
Mayor Horton asked him to explain why he would think it was more beneficial to leave the status quo having Harvey
Souza own one license for 8 to 12 and having Chu1a Vista Bay Club, an outside owner, operate a 12 table cardroom
versus having combined ownership of 24 tables under one ownership with somebody who has a history of being an
outstanding citizen. Why would this be detrimental to our commuoity.
Mr. Pfingst responded that the most difficult question presented to city couocils is where do you divide lines.
Sometimes when a business acquires another business, it doesn't become just the sum assets of both businesses, it can
have a significantly greater value to other people who may want to purchase an interest in that Club, and it becomes
a much more valuable asset. It also has the capability of doing some other things that the small businesses do not
have. One of the capabilities is because there is a large volume of dollars ruoning through the same person, the
opportunity for money laundering and other types of things are more present. The other part is, there is a history that
corporate ownership presents some very significant problems. This should be explored in great detail. Whenever
you vote, these institutions will be back. If you say no, they will still be back. If you say 25, next will be 35, then
45 etc. This is the history of a process of incrementalism. It is a small process by institutional participants who at
the time are well known to us and are good positive commuoity members, but this is a long-term decision for the long
term effort, and we don't know who will own these licenses in the future.
Mayor Horton asked if he had to make the decision to accept our existing ordinance with a known individual who is
from the community, raised in the commuoity, and has been a wonderful corporate citizen; and you have permits for
another twelve tables from a group who may have questionable ties versus consolidating with Mr. Souza into a known
commodity, would you still keep the status quo. Recognizing that we could have the Chula Vista Bay Club come into
Chula Vista and operate a cardroom.
Mr. Pfmgst responded he would keep the status quo. The scaling issue is a much more significant issue in the long
run for purposes of the public integrity of the political processes and also for purposes of volumes of money being
able to run through any type of gambling institutions.
Couocilmember Moot stated that there has been some fairly large-scaled gambling on the Indian reservations for some
time in San Diego Couoty. What could we do about this type of gambling when it exists in such large scales within
such short proximity to Chula Vista.
Mr. Pfingst stated that Indian reservations are in federal jurisdiction. Local cardrooms will not be able to compete
with the Indian gambling places. The "mom and pop" operations have a different nitch than large-type casinos. The
two will never be equal.
. Mark Jones, 52 "G" Street, Chula Vista, 91910, stated he was "pro" gaming. In response to the question
on money lauodering and the effect on the Indian tribes, he stated that Indian tribes were extremely sensitive to money
lauodering. He works at the casino at Sycuan. They track player's actions throughout the day. All the money that
is recorded is required by the federal government under Title 31. There is no money lauodering in the casino itself.
9~.Þ
Minutes
January 13, 1998
Page 6
· Tina Marie Whitten, 52 "G" Street, Chula Vista, 91910, stated she was "pro" gaming and was a qualified
license holder. She felt the gaming licenses should be available to all citizens, perhaps by a bidding process. Twelve
tables were too small of an operation. She felt these licenses were being held to restrict competition. They have also
denied the City of potential revenue. She wanted the City Council to make sure all applicants were on equal footing
and deny the transfer of the two licenses held by the Commerce Club. She also wanted a gaming license and wanted
to know how she could obtain one.
· Haig Kelegian, 121 Brooks Street, Oceanside, representing Ocean's Eleven Casino Cardroom in Oceanside,
stated he took a ruo-down club that had many problems, moved it to a new location, built a new facility, increased
the size of the business, and increased the size of revenues to the City. They have been in operation for a year with
twenty·five tables. His was not a corporate entity that Mr. Souza was proposing.
Councilmember Salas asked Mr. Kelegian if he would pay $1 million for this license even if the Council did not
expand the gambling ordinance.
Mr. Kelegian responded yes.
· Peter Watry, 81 Second Avenue, Chula Vista, 91910, stated he supported staff's recommendation to deny
the request for modification to the City's Gaming Plan.
· Rod Davis, 46 Center Street, Chula Vista, 91910, felt that the State was going to put cardrooms in every fair
ground that it owns in the State; that bill was already in front of the Legislature. This was not a question of whether
you give Mr. Souza and Mr. Kelegian the opportunity to do business and control it locally, its a question of whether
you give it to them this year or the State gives it to them next year, and the State makes the million dollars worth of
income. He felt this was an opportunity to do something good for the City. If you don't like what the cardroom does,
you can pull the license. He felt this did not have anything to do with whether we have 24 tables, but had to do with
whether we control it locally or whether the State controls it and takes the money.
· Barbara McAlister, 857 Crest Drive, Chula Vista, 91910, spoke against having any change or increase in
the gambling activities in the City.
· B. L. Seaton, 952 Fourth Avenue, Chula Vista, 91910, stated he was against gambling and strongly
recommended that this not be approved.
· Michael Green, attorney representing Harvey Souza and the Village Club Cardroom, requested that staff tell
the Council that the applicant withdrew its request regarding the so call "monopoly".
Mr. Googins stated the request that had been made earlier by Village Cardroom that no further licenses be issued was
subsequently withdrawn. However, the proposal would consolidate all the existing issued licenses. There is the
potential for the City under its existing Gaming Plan to issue an additional license above the four existing licenses once
the population of Chu1a Vista exceeds 160,000 people. The Gaming Plan was drafted in such a way that the issuance
of additional licenses would be at the City Council's discretion.
· Dennis Youog, 719 Fourth Avenue, Chula Vista, 91910, stated he has known Mr. Souza for 20 years. He
felt that knowing him and his integrity, he would rather have all of the gaming played in this town under his control
then have another cardroom pop up somewhere else which would increase the problems with law enforcement.
· Harvey Souza, 429 Broadway, Chula Vista, 91910, applicant and owner of Village Club Cardroom,
expressed he had two issues to bring up: I) he felt through his application that he was doing what the City wanted to
have done for the future which was to hold down the growth of the cardrooms by not allowing the corporate
cardrooms to come here. A corporate cardroom explored the possibilities, but they have decided that Chula Vista
never did want them. By the consolidation of the cardrooms, it would hold the amount of tables in the town to the
level that Council has ratified; and 2) the other issues are requested for the economics of providing a bigger club
9~~
Minutes
January 13, 1998
Page 7
which would be nicer with all the security that the police department has indicated they wanted. The State has
required them as of January I. 1998 to step up all forms of security and all forms of monitoring whether it be
monetary or on· site surveillance. They will be in control of that and the permitting of it, and they will be sending
agents out from the State. Some of the things alluded to such as crime, skimming, etc. are basically an integrity issue
on an individual. He felt that he has met that in the thirty-five years he has been the owner of the cardroom.
Councilmember Moot asked, under the consolidation, who was going to own the club.
. Michael Green, attorney representing the applicant, stated that what was going to happen, now that we know
that limited liability companies are not permitted to own card clubs in California, they are going to end up with a
limited partnership which Mr. Souza is a general partner. The limited partner would be Mr. Kelegian, and he would
have no say by law as a limited partner. If, for some reason, the Commerce Club comes back in the contract, they
would also come back in as a limited partner. Not only does Mr. Souza have 51 %, he will be the one managing the
partoership, and by law limited partners have no right to have input into the management.
. Cheryl Cox, 647 Windsor Circle, Chula Vista, 91910, stated the City Council has the authority not only to
look at who holds a license, but has the authority to look at the site where that license may be granted. Several years
ago, the Couocillooked at this community as a family-oriented community and an 8 table license when merged with
an 8 table license would mean a 12 table license. That happened twice, so that is why we have 12 and 12. The
question that Mr. Souza poses is, leis put that math aside because we do have a much larger city and we are looking
at a population that could play card games at an institution that holds 24 tables. Mr. Souza will not allow anybody
in his cardroom if they are under 21. You can get into an Indian casino if you are 18. Mr. Souza's new location
cannot be near churches, schools, or residents. Mr. Souza is in this for his business and to perpetuate 53 years of
solid ownership of a business that has been good for Chula Vista, and has not levied the kind of pressure upon its
political figures that we might fear should we be looking at institutions of 180-200 tables. You could get Mr. Souza
to sign right now that the 51 % ownership of a consolidated license is his 51 % ownership and he is in control. He will
not be back to ask for any other extension. She asked the Council to allow him to continue his business in a way in
which he could provide the kind of supervision which the police chief is concerned about and that we can reward Mr.
Pfingst with knowing that in Chula Vista we do it right.
There being no one else indicating a desire to address the Council, the public hearing was closed.
Mayor Horton stated her first inclination was to support the request from Mr. Souza, because he was an outstanding
citizen with an impeccable reputation who gives back to the community and provides funding for our Boys and Girls
Clubs and for other social events and services. At first she did not see a problem in consolidating licenses, because
we would have the same number of card tables in the community whether we let this one known commodity
consolidate the license and have full control of the gambling. History has shown us that he is above board and does
not allow the criminal element into his club. However, she was not the educated person in this industry, therefore,
she felt she had to go by the advise given to her by the Police Chief and the District Attorney. Therefore, she will
regretfully support staff's recommendation.
Councilmember Padilla stated that the real issue was not about individual ownership or members of the community;
the real question was about whether we should change our rules on gaming establishments and the ordinance that we
have in Chula Vista. Gaming is a particular type of enterprise that has historically been easy pickings by people who
are quite sophisticated at stealing other people's money. The problem with that potential influence is that in most of
those cases, it is at a level that frequently the owner was not even aware of what is occurring in their own business.
The question before us is what kind of community do we want to be. Although the "mom and pop" operations have
a good history, and the applicant has a good personal history, was not the question. The question was what potential
risk is the Council going to allow. To move in the direction of being known as a community that has large cardroom
establishments was not something he felt was appropriate for Chula Vista. When he campaigned for office, he made
it clear at that time that he would not support the expansion of cardrooms or gaming in the City; he still will not.
MAYOR HORTON OFFERED RESOLUTION 18862, heading read, text waived.
9-7
Minutes
January 13, 1998
Page 8
Couocilmember Rindone stated he felt that there was no question about Mr. Souza's reputation, and he believed his
intention was genuine in efforts of fighting off other people who have made a raid at him to buy his license and sell
it off and consolidation. This issue has come before Council at least three times since he has been on the Council.
Councils have looked at this issue and have determined that in this commuoity our intent to keep it as a family-owned
business and operation and not to expand it. He was willing to continue to have the business that has been operating
successfully 53 years continue. Cardrooms are the biggest source of gambling revenue in the State that exceeds horse
racing and the lottery. This is a thriving industry, and we don't want this in Chula Vista. He concurred with staff's
recommendation to reject all provisions of the proposal except for the security provision. He would also like to amend
this by directing staff to bring back the provision about adding a fifth or more licenses as the population increases.
He did not want to see this in the current gaming plan. He wanted to see that we don't have an opportunity to upscale
to a fifth license.
AMENDMENT TO MOTION: MSUC (Rindone/Padilla) to include directing staff to come back to eliminate
the provisions for expansion of the number of licenses based upon population.
· · Council recessed at 7:42 p.m. and reconvened at 7:55 p.m. All members of the Council were present. . .
11. PUBLIC HEARING TO CONSIDER ADOPTION OF SEVEN MAJOR AREAS OF IMPROVEMENT
- Council previously had work sessions to discuss and develop City-wide priorities. On 9/11/97, Couocil completed
a fmal review of the priorities and identified the seven major areas of improvement. Couocil received public comment
and input on the proposed seven issues at a public hearing on 10/21/97 and determined that additional public comment
was necessary prior to fInal adoption. Couocilmembers have made 13 talks to commuoity groups, and reached out
to the commuoity in general for input via phone, mail, fax, and the Internet. In addition, articles have appeared in
the local paper and the Quarterly. Per staff's recommendation, Council accepted public testimony on the seven major
areas of improvement and continued the public hearing to 1/20/98 at 6:00 p.m. (Budget Manager and Public
Information Coordinator)
This being the time and place as advertised, the public hearing was opened. Addressing Couocil expressing opposition
to SR-125 were:
· Fred Sams, P. O. Box 214, Bonita, 91908-0214.
· Joe Silva, 6566 San Miguel Road, Bonita
· Gil Oakes, 5631 Watercrest, Bonita, representing Preserve San Diego Bay
· Allison Rolfe, P. O. Box 7745, San Diego, 92107, representing Southwest Center for Biological Diversity
· Marianne Greene, P. O. Box 632974, San Diego, 92103
· E. V. Burley, 6500 San Miguel Road, Bonita
· John Hanunond, 3012 Anderson Street, Bonita, representing Sweetwater Commuoity Planning Group
· Kevin Kidd, 5144 Sunnyside Drive
· Harriet Taylor, 3142 Orchard Hill Road, Bonita. 91902, representing Preserve South Bay
· John Taylor, 3142 Orchard Hill Road, Bonita, 91902, representing Preserve South Bay
· Ramon A. Urnzon, 5732 Sweetwater Road, Bonita, 91902
· Patricia Householder, 8475 Aenida Angulia No.5, Bonita
· Nancy Gott, 3400 Randy Lane, Chula Vista, 91910, representing Preserve South Bay
· Gretchen Burkey, 4807 Del Prado, representing Preserve South Bay
9---g/
ATTACHMENT B
2.2 Number of Licenses Permitted -- Existinq Licenses.
The number of licenses authorized to be issued or held, in the
aggregate, under the provisions of this Gaming Plan shall be
limi ted, baßcd upon tEC ]3opulatioR of the city acceràin.§ te the
ccrtificà àctcrffiifi~tion thereof BY the otatc àcpartmcn.t of finance,
tiilliil¡¡¡!¡¡liií!i!!!i!i¡¡¡ The number of licenseD DO autfiGri~cd may Rot be more than
,," """"",/;¡U¡A""'';'' one per forty thouoand (10, aae) rcsidcnto or any fraction thereof.
All such licenses shall be issued and held in accordance with the
provisions of this Gaming Plan; provided, however, any Person
holding a license or licenses to conduct cardroom operation upon
the effective date of this Gaming Plan may continue to hold such
license or licenses subject to the terms and conditions set forth
herein. For purposes of determining the number of licenses which
are authorized to be issued by the city hereunder, any two licenses
which are "consolidated" pursuant to Section 2.6 hereof shall still
be treated as being two separate licenses counted against the total
number authorized.
9~9
0
RESOLUTION ) 9..25/
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING
SECTION 2.2 OF THE CHULA VISTA GAMING
PLAN TO LIMIT TO FOUR THE NUMBER OF
CARDROOM LICENSES THAT MAY BE
ISSUED
WHEREAS, existing Section 2.2 of the Chula Vista Gaming Plan allows for
one cardroom permit per 40,000 population or any fraction thereof; and,
WHEREAS, the City's current population per the California Department of
Finance as of January 1, 1998 is 162,000; and,
WHEREAS, the Gaming Plan allows the fifth cardroom license to be activated
once the City's population exceeds 160,000; and,
WHEREAS, on January 13, 1998, the City Council directed staff to bring back
before the City Council a measure proposing the elimination of an increase in the issuance
of cardroom licenses based upon City population; and,
WHEREAS, on November 10, 1998, the City Council held a duly noticed
public hearing to consider an amendment to Section 2.2 of the Chula Vista Gaming Plan
limiting to four the number of cardroom licenses that may be issued and requiring any
increase in the number of licenses; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend Section 2.2 of the Chula Vista Gaming Plan to read as follows:
2.2 Number of Licenses Permitted -- Existina Licenses.
The number of licenses authorized to be issued or held, in the aggregate, under the
provisions of this Gaming Plan shall be limited, based UpOfl tRe popl:llatiofl 6f tRc city
flccofdifl§ to tRe certificd deterffliflatioA tRcrcof by tRc statc depaRfflcflt of fiAaAcc, ~!i!lii~~!!1t;
Tlge nUfflbcr 6f IiccAscs 36 autl90rizcd fflBY AOt bc fflore tl9aA 6AC per forty tRousaAd
(40,000) residcAts 5r aAY fraeti5A tlgercof. All such licenses shall be issued and held in
accordance with the provisions of this Gaming Plan; provided, however, any Person
holding a license or licenses to conduct cardroom operation upon the effective date ofthis
Gaming Plan may continue to hold such license or licenses subject to the terms and
conditions set forth herein. For purposes of determining the number of licenses which are
authorized to be issued by the city hereunder, any two licenses which are "consolidated"
C)-ltJ
pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted
against the total number authorized. Any proposed amendment of this Gaming Plan to
issue any additional licenses shall first be submitted to the electors of the City for an
advisory vote.
Presented by: Approved as to form by:
Richard P. Emerson
Chief of Police
H:\SHAREDIA TTORNEYlGAMEUC. WPD
9 r- //
CITY COUNCIL AGENDA STATEMENT
Item: /¿:;
Meeting Date: 11/10/98
ITEM TITLE: REPORT: Consideration of Final Second-Tier Environmental Impact
Report (EIR-97-03) and Addendum, California Environmental Quality Act
(CEQA) Findings of Fact, Statement of Overriding Consideralions and
Mitigation Monitoring Program
RESOLUTION / f e,¿5~Resolulion of the City Council of the City of
Chula Vista certifying the Final Second-Tier Environmental Impact Report
(FEIR 97-03) and Addendum for the Otay Ranch amended Sectional
Planning Area (SPA) One; making certain Findings of Fact; adopting a
Statement of Overriding Considerations pursuant to the California
Environmental Quality Act; and adopling a Mitigation Monitoring and
Reporting Program
SUBMI'ITED BV, Di=t", of Plmmio, Md ~æ
REVIEWED BY: City Manag~ ~ ---? (4/5ths Vote: Yes _ No X)
A public hearing on the Draft of this EIR was eld by the Planning Commission on August 26,
1998 closing the hearing and public review period. Staff, the consultan1 (Leltieri-McIn1yre &
Associates) with the legal assistance of the law firm of Remy, Thomas & Moose, have prepared
the Final EIR, CEQA Findings of Fact, Overriding Consideralions and Mitigalion Monitoring
Program. The certificalion of the EIR was conlinued in order 10 prepare the addendum indicating
the change in status of the Otay Tarplant.
RECOMMENDATION:
Thai the City Council adopt the Resolution cerlifying the Final EIR and addendum, adopt CEQA
Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program.
Staff will be recommending approval of a plan based on a modification of Alternative "C".
BOARD 1 COMMISSION RECOMMENDATIONS:
Planning Commission
The Planning Commission melon November 4, 1998. Staff will report at the City Council
meeting on Planning Commission recommendations.
Resource Conservation Commission
At their August 17, 1998 meeting, the Resource Conservalion Commission (RCC) passed the
following motions: /i/ /j
Page 2, Item:
Meeting Date: 11/10/98
. A motion was made (Fisher/Marquez) that ErR-97-03 - Dtay Ranch is inadequate due to
a series of species (including ihe whip tail lizard, grasshopper sparrow, burrowing owl,
badgers and cactus wrens) inadequately analyzed or insufficiently mitigated; vote MSUC
4-0.
. A second motion was made (Thomas/Marquez), vote MSUC 4-0, to recommend ihe
following actions be taken:
a. Study ihe metapopulation Ranch-wide and do a quantitaIive analysis of individual
species and habitats;
b. Study the cumulative impact of the effec1s of losing Poggi Canyon with regard to
regional, biological, geological and paleontological concerns as it relates to other
connecIing canyons;
c. Consider a local program for retaining paleontology and archeological resources;
d. Request the City review the "mortgaging the future" short-term policies and
perform an evaluation of different scenarios going out for future;
e. Conduct studies of the biological value of wha1 is going to be developed vs no1
developed lands to make sure trade-off is comparable;
f. Note that hislorical sitings of sensiIive species need to be shown where appropriate
on ErR maps.
Slaff and the City's environmental consultant believe ihe Final ErR adequately responds to the
comments made by ihe RCC. The RCC commen1s wiih the Final ErR responses are attached for
the Council's consideration.
DISCUSSION:
The project consis1s of a variety of land use actions including proposed amendments to the Dtay
Ranch Sectional Planning Area (SPA) Dne Plan, Dtay Ranch Phase Two Resource Management
Plan (RMP), the Dtay Ranch General Developmen1 Plan (GDP) and the Chula Vista General Plan.
rn addition to the land use designaIion changes in these plans, ihe project would revise specific
land use policy goals in the GDP.
Letters of Comment were received from 1he following agencies and individuals and are included
in the Comments/Response section of the Final ErR:
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Page 3, Item:
Meeting Date: 11/10/98
· California Department of Transportation - CalTran' s comments were regarding the timing
of the traffic analysis, what improvements would be available on SR-125 and impacts to
1-805. (See Attachment 3 or Sec1ion 14.0-B of the Final EIR.)
· Chula Vista Elementary School Distric1 - The Elementary School District confirmed the
formation of a CFD. (See Attachment 3 or Sec1ion 14.0-C of the Final EIR.)
· Metropolitan Transit Development Board (MTDB) - The concerns of MTDB regarding
density have been resolved. (See Attachment 2 or Section 14.0-D of the Final EIR.)
--- Also see a second MTDB letter received after the comment period.
· Otay Water District - The atay Wa1er Distric1 provided several technical changes which
have been incorporated into the Final EIR. (See Attachment 3 or Section 14.0-E of the
Final EIR.)
· City of San Diego, Development Services - The City of San Diego comments were
regarding traffic impacts on the atay Mesa. This project will have no traffic impact on
1hat street system. (See Attachmen1 3 or Sec1ion 14.0-F of the Final EIR.)
· County of San Diego, Departmen1 of Planning and Land Use - The County of San Diego
noted that the EIR was adequate for their purposes and described some of their processes.
(See Attachment 3 or Section 14.0-G of the Final EIR.)
· Sweetwater Union High School District - The concerns of the Sweetwater Union High
School District regarding the size and grading of the high school site have been resoved.
(See Attachment 3 or Sec1ion 14.0-H of the Final EIR.)
· California Transporta1ion Ventures, Inc. - The Comments from CTV are regarding road
and freeway configura1ions at different points in time. These revisions have been made.
(See Attachment 3 or Sec1ion 14.0-1 of the Final EIR.)
· Endangered Habitats League - The comments from the Endangered Habitats League were
regarding project from the project descrip1ion section of the EIR. The League now
supports Alterna1ive C - Modified. (See Altachmen12 and 3 or Section 14.0-1 of the Final
EIR.)
· The atay Ranch Company - The atay Ranch Company noted that revisions to the cross
sec1ion and 1iming of Olympic Parkway were needed. These revisions have been made.
The op1ion of regarding if the site to provide gravity sewer to 1he Telegraph Basin rather
than Poggi Canyon Basin has been noted. (See Attachmen1 3 or Section 14.0-K of the
Final EIR.)
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Page 4, Item:
Meeting Date: 11/10/98
Also included are the minutes from the RCC meeting on the Draft EIR and a transcript from the
Planning Commission public hearing.
Since the preparation of the Final ErR, the Otay Tarplant bas been listed as threatened by the U.S.
Fish & Wildlife Service. This action has resulied in the need for an addendum and revisions to
the Final EIR, CEQA Findings of Fact and Mitigation Moni10ring Program.
Findings of the FEIR:
Project level and cumulative impacts were identified and divided in10 three categories: significant
and unmitigable, significan1 bU1 mitigable to a less-than-significant level and less than significant.
All feasible mitigation measures have been incorporated into the projec1 or made conditions of
approval. Feasible mitigation measures are those which are capable of being implemented. If they
are infeasible, they cannot be implemented. A more detailed analysis of some measures will be
required at the tentative map or grading plan level of consideration. The significant and
unmitigable project and cumulative impacts require a Statement of Overriding Considerations in
order 10 approve the project.
These conclusions are based on the General Development Plan/Subregional Plan (GDP/SRP) Final
Program ErR, the GDP/SRP CEQA Finding Standards of Performance and the subject FErR.
With the exception of cumulative impacts that effect the buildout of the Otay Ranch Project, all
issues raised during the environmental review process such as the net development area of 1he
high school site and the density within the Village Core to suppor1 the transit stop have been
addressed in the EIR.
Significant and Not Mitigable
Except for project direct impacts in Landform/Visual Quality and Air Quality, all the significant
unmitigable impac1s are cumulative. Cumulative impacts are significant when the project is
combined with other Subregional projects. The reasons for these impacts being identified as
significant and unmitigable are discussed below.
. Land Use (cumulative)
The conversion of existing vacant and agricultural land to urban use is considered a
significant unavoidable impact. The GDP ErR identified this impact, as did the Findings
and Statement of Overriding Considerations. Mitigation measures ensure proper planning
and development review. Land use impac1s can be minimized if all site-specific
development is reviewed for compliance with the SPA One Plan. Impacts remain
significant, however, due to conversion of land uses from agriculture to development on
the entire Ranch.
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_ _ __m_____'.-.- 'm w_·___,,_._"··_.._~_.,...~ ......___.__...._.__
Page S, Item:
Meeting Date: 11/10/98
· Biology (cumulative)
With the implementation of the Otay Ranch Phase 2 Resource Management Plan, impacts
to biological resources will be mitigated to a less than significant level. Cumulative
impac1s will remain significant because of the over all amount of development approved
by the project as previously identified in the Program EIR 90-01.
· Traffic/Circulation (cumulative)
The Draft EIR traffic studies were based on three master planned community efforts: Otay
Ranch SPA One Amendment, EastLake Trails and San Miguel Ranch. Four networks were
tested in three time frames for the years 2000, 2005 with and without SR-125 and 2010
with SR-125 and buildout with SR-125. The study was performed to analyze the impacts
of SPA One and to identify mitigation measures necessary to maintain acceptable peak
hour traffic condi1ions.
The only significan1 and unmitigable impacts associated with buildout of the projec1 are
on the freeway system. The Draft EIR recommended that the project applicant participate
in freeway deficiency planning by SANDAG and CalTrans to implement freeway
improvements and fund those improvements on a fair share basis. The applicant's
participation will be required in the amended SPA One Plan and tentative map conditions.
· LandformlVisual Quality (direct and cumulative)
The Draft EIR identified direct impacts to steep slopes on-site in Villages One and Five
as significant. Due to development of the area, extension of the trolley and construclion
of Olympic Parkway, it is not feasible 10 avoid all steep slopes on site. The total
development of the Otay Ranch will, however, achieve the performance standard identified
in the GDP (i.e., preserve a1least 83% of steep slopes) on a Ranch-wide basis. Mitigalion
measures such as compliance with landform grading policies have been incorporated into
the project design 10 the extent feasible. Scenic corridors have been planned along
Telegraph Canyon Road and Olympic Parkway. Landscaping and landform grading design
guidelines have been included in the project design. The mitigation measures also include
a table to track steep slope preservation throughout the development of the Otay Ranch.
Even though 83 % of steep slopes on the entire Ranch will be preserved, the GDP Program
EIR identified impac1s to landform and visual quality as significant impacts Ranch wide
due to the amount of development associated with the project.
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Page 6, Item:
Meeting Date: 11/10/98
· Cultural Resources (cumulalive)
As stated in the GDP Program EIR, impacts related to the Otay Ranch remain unavoidable
at this level of analysis. The SPA One impacts may be mitigated 10 a less than significant
level, bu1 have to remain idenlified as significant on the cumulative level until the
mitigalion measures are implemented Ranch-wide.
· Air Quality (cumulalive and direc1)
The GDP Findings of Fact anlicipa1ed that the projec1 would have significant impacts to
air quality and Overriding Consideralions were adopted. Regional Air Quality Standards
mitigalion measures were required as conditions of approval. The significant impact occurs
from an increase in emissions. The pedestrian orientalion of the village concep1 will help
reduce project emissions, although no110 a less-than-significant level.
Project level impacts identified in the Final ErR are associated with dust control during
grading and development. Mitigalion measures have included but canno1 be assured until
developmeni.
· Agricultural Resources (cumulalive)
The impacts to agricultural resources, as a result of future developmen1 within the project,
will remain significant and unavoidable as previously idenlified in the Program EIR 9O-0l.
As a result, to approve the proposed project, the City must adopt a "Statement of Overriding
Consideration" (Section VIX of the CEQA Findings) pursuant to CEQA Guidelines Sections
15043 and 15093. Page 103 of the CEQA Findings of Fact no1e the following areas of overriding
consideralions: environmental proteclion and preservalion, communi1y planning and development,
comprehensive regional planning, regional housing needs, and fiscal benefii. This Statement
allows a lead agency to cite a projec1's general economic, social or other benefits as a justificalion
for choosing to allow the occurrence of specified significant environmental effects that have not
been avoided. The Statement explains why, in the agency's judgement, the project's benefits
outweigh the unaided significant effects. These specific benefits include the overall environmental
proteclion and preservation provided by the Otay Ranch General Development Plan, the protection
of other resources including cultural, paleon1010gical and recrealional, the implementation of the
terms of the Otay Landfill Agreement, the provision of regional housing needs and fiscal benefii.
Significant Impacts Miligated to Less- Than-Significan1
Impacts in the following categories for the SPA One Amendment can be mitigated to level below
significance with the implementalion of mitigation measures.
. Biological Resources
/t) ~?
"-.-- ,.' ·u",_.___··~~_____·_n_..'~_.__'
Page 7, Item:
Meeting Date: 11/10/98
· Geology
· Cultural Resources
· Paleontological Resources
· Hydrology (Telegraph Canyon fees)
· Public Services
· Water and Reclaimed Water
· Sewer
· Schools
· Law Enforcement
· Fire ProtectionlEmergency Medical Services
· Library
· Safety Services
The impacts in these issue areas have been mitigated or will be ihrough SPA and tentative map
conditions to less ihan significant levels ihrough various means such as mitigation monitoring,
payment of fees and threshold compliance.
Impacts Less- Than-Significan1
Impacts in ihe following categories were de1ermined to be less ihan significant.
· Land Use
· Traffic/Circulation
· Biological Resources
· Geology
· Agricultural Resources
· Hydrology (Poggi Canyon)
· Water Quality
· Air Quali1y
· Noise
· Mineral Resources
· Public Services
· Parks and Recreation
· Solid Waste Management
ANALYSIS:
During ihe review of ihe propose project in the preparation of Draf1 EIR, Ci1y staff identified a
number of issues and concerns. A reasonable range of alternatives to ihe proposed project were
prepared. The City examined ihe alternatives to ihe proposed project, including ihe original
proposed project as described in the FEIR. Those alternatives are:
/¿; - ?
Page 8, Item:
Meeting Date: 11/10/98
Alternative A (N01 feasible)
The portion of Village One within the proposed SPA One Amendment Area would be
reconfigured. The number of community purpose facility areas would increase and 1he overall
area devoted to community purpose facilities would increase. The acreage devoted to commercial
would increase. The total number of residential units would increase.
The high school site and all but 5 acres of the proposed community park would be eliminated from
Village Two West. The amount of acreage devoted to community purpose facilities would be
reduced. The community purpose facility area would also be moved away from the landfill
boundary. The proposed multi-family development would be eliminated and replaced with two,
single-family neighborhood areas. The remaining 5 acres of park would be located on the western
boundary to augment fuiUre park area within the adjacent Sunbow development.
Village Two would be revised to accommodate 1he high school site relocated from Village Two
West. A school site would be created south of Olympic Parkway between Paseo Ranchero and La
Media Road. The communi1y park site in Village Two would be retained but decreased by 5
acres.
A Special SiUdy Area designation would be applied to the area of Village Two West which shares
a boundary with the Otay Landfill. The Special SiUdy Area designation would be a holding
designation until a suitable use for the area can be determined. County staff has determined that
the Special Study Area designation would not conform to the land use designations selected
by the County under the landnn agreement and, therefore, this alternative cannot be
considered by the City. The applicant has agreed no1 to pursue this alternaIive.
Alternative B
The uses in Villages One, One West and Two would be identical to Alternative A. The major
difference between Alternatives A and B would occur in Village Two West. In Alternative B, the
Special SiUdy Area designation would be replaced with an Industrial designation.
Alternative C
Projec1 alternative would include the proposed project:
. Village One-West would be amended to increase allowable single-family development
area, identify an elementary school site and a neighborhood park site.
. Village Two would be amended 10 increase developable area, re-orient residential away
from the Otay Landfill, increase total residential units, create a high school site, relocate
the community park si1e and convert the original park site to residential uses.
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Page 11, Item:
Meeting Date: 11/10/98
· Village Six would be amended to reduce the density within the village core area.
· Village Seven would be amended to substitute residential development for the high school
site which would be moved to Village Two.
· Village 13 and 15 would be amended to convert portions of the residential designations to
open space to implement the Otay Ranch MSCP Subarea Plan Agreement.
After the public hearing on the Draft EIR, letters from MTDB redefIning their position to that of
support for the staff recommended modifIed "Alternative C" and a letter from the Endangered
Habitats League giving support to "Alternative C - modifIed" were received. A copy of these
letters are attached to this staff report. This alternative consists of a limited industrial use in
Village Two West (south of Olympic Parkway and west of Paseo Ranchero), maintenance of
higher density in the Village Core, a paseo heading from the eastern part of Village One to the
Core, and an emergency access from Village One to Olympic Parkway.
CONCLUSION:
The City has determined that neither Alternative "A" or "B" (1) meets project objectives, and (2)
is enviromnentally preferable to the project. Staff is recommending approval of a project which
is a modifIcation of Alternative "C" in the Final ErR not the original proposed project in the
project description section of the EIR.
The City has adopted all feasible mitigation measures with respect to project impacts. Although
in some instances these mitigation measures may substantially lessen these signifIcant impacts,
adoption of the measures will not fully avoid the impacts. However, the remaining impacts are
within the range of impacts identifIed in the Program ErR and are considered by staff and the
enviromnental consultant to be acceptable.
FISCAL IMPACTS:
All costs associated with preparation of the enviromnental documents have been paid by the
project applicant.
Attachments : 1. FEIR-97-03 (3-ring binder) NOT SCA.I'~f~£ìJ
2. Letters from MTDB and the Endangered Habitats League
3. Comment and Response Section of the Final ErR
4. Planning Commission Resolution NOT SCA~
ED
H:\HOME\PLANNING\DOUG\EIR9703.CC
November 3, 1998 (9:05am)
/ jJ ..- c¡
RESOLUTION NO. ItJ..<~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SECOND-TIER
ENVIRONMENTAL IMPACT REPORT (FEIR 97-03) AND
ADDENDUM FOR THE OTAY RANCH AMENDED
SECTIONAL PLANNING AREA (SPA) ONE; MAKING
CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, 1he 01ay Ranch Company submitled an applicalion ("Projec1") 10 amend 1he
Ci1y's General Plan and the Otay Ranch General Development Plan/Subregional Plan
(GDP/SRP) to modify land uses within 1he Master Planned Community, commonly known as
the 01ay Ranch Project; and
WHEREAS, the developmen1 of 1he 01ay Ranch Project has been the subjec1 matler of
a General Developmen1 Plan ("GDP") previously approved by the City Council on October 28,
1993 by Resolulion No. 17298 and as amended on May 14, 1996 by Resolulion No 18285 (GDP
Resolution") wherein the City Council, in 1he environmen1al evalualion of said GDP, relied in
pari on 1he 01ay Ranch General Developmen1 Plan, Environmental Impact Repor1 No. 90-01,
SCH #9010154 ("Program EIR 90-01 "); and
WHEREAS, the development of Oiay Ranch Project has been 1he subject matler of the
Chula Vista Sphere of Influence Upda1e previously approved by the Ci1y Council; and
WHEREAS, 1he development of the Otay Ranch Project has been the subjec1 matler of
a Seclional Planning Area Plan ("SPA Plan") previously approved by the City Council on June
4, 1996 by Resolulion No 18286 ("SPA Plan Resolulion") wherein the Ci1y Council, in the
environmen1al evalualion of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final
Environmental Impact Repor1 No. 95-01, SCH #95021012 ("FEIR 95-01 "); and
WHEREAS, a Draft Second-lier EIR for 1he Projec1 was issued for public review on July
7, 1998, was reviewed by the Resource Conservalion Commission on August 17, 1998, and was
processed through the State Clearinghouse; and,
WHEREAS, 1he Chula Vista Planning Commission held a duly no1iced public hearing
on the Drafl Second-lier EIR on August 26, 1998; and,
WHEREAS, this Drafl Second·lier EIR for the Project incorporates, by reference, three
prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01;
1he Chula Vista Sphere of Influence Update EIR 94-03, as well as their associated Findings of
Fact and Miligation Monitoring and Reporting Programs; and the SPA One FEIR 95-01.
1
/tl,. If}
Program ErR 90-01 was certified by the Chula Vista City Council and San Diego County Board
of Supervisors on October 28, 1993; the Sphere of Influence Update ErR 94-03 was certified
by the Chula Vista City Council on March 21,1995; and the SPA One FEIR 95-01 was certified
by the Chula Vista City Council on June 4, 1996; and,
WHEREAS, since the preparation of the Final EIR, the Otay Tarplant has been listed as
threatened by the U. S. Fish & Wildlife Service which has resulted in the need for an addendum
and revisions to the Final ErR, CEQA Findings of Fact and Mitigation Monitoring Program; and
WHEREAS, to the extent the Findings of Fact, attached hereto as Exhibit "A", conclude
that proposed mitigation measures outlined in the Final Second-tier ErR 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 resolution approving the Project. The adopted mitigation
measures, attached hereto as Exhibit "B", are express conditions of approval. Other requirements
are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with
these Findings of Fact 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:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on the Draft Second-tier EIR held on August 26, 1998, their public
hearing on this project held on November 4, 1998 and the minutes and resolutions
resulting therefrom, are hereby incorpora1ed 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(s), shall
comprise the entire record of proceedings for any claims under the Claifomia
Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et seq.). Copies of
said documents are on file in the Office of the City Clerk.
II. FEIR CONTENTS
That the Draft Second-tier EIR 97-03 consists of the following:
1. Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01,
as well as their associated Findings of Fact and Mitigation Monitoring and
Reporting Programs;
2. The Chula Vista Sphere of Influence Update EIR 94-03, as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Programs; and
2
j!)r/l
3. FEIR 95-01, including three Addendums, as well as their associated Findings of
Fact and Mitigation Monitoring and Reporting Programs; and
4. FEIR 97-03, including one Addendum, as well as their associated Findings of Fact
and Mitigation Monitoring and Reporting Programs,
(all hereafter collectively referred to as "FEIR 97-03").
III. ADDENDUM TO FEIR 97-03.
The City Council of the City of Chula Vista has determined that although the legal status
of the Otay Tarplant has recently changed, the basic conclusions of the FEIR have not
changed because (1) the EIR included survey data for the plant, (2) mitigation measures
to protect the plant population and (3) the plant is listed under State law and was treated
in the FEIR as a protected species.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has
prepared the Addendum to the FEIR for the Otay Ranch SPA One EIR 97-03.
IV. FEIR REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vista has reviewed, analyzed and considered
FEIR 97-03 and Addendum and the environmental impacts therein identified for this
Project, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A"
to this Resolution, known as document number ~, and the proposed mitigation
measures contained therein, and the Mitigation Monitoring and Reporting Program
(Exhibit "B" to this Resolution, known as document number ~, prior to approving the
Project. Copies of said Exhibits are on file in the office of the City Clerk.
V. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
That the City Council does hereby find that FEIR 97-03 and Addendum, the Findings of
Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution), and
the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are
prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000
et seq.) the CEQA Guidelines (California Code Regs. title 14, §15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 97-03 reflects the independent judgment of the
City of Chula Vista City Council.
3
/ ¿j --/ ,;2..
VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
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 every one of the findings contained in the
Findings of Fact, Exhibit "A" of this Resolution, known as document number
~, a copy of which is on file in the office of the City Clerk.
B. Sta1ement 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 CEQA Guidelines Section
15093, a Slatement of Overriding Considerations in the form set forth in Exhibit
"A", known as docwnent nwnber ~,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.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fact
for this project, which is Exhibit "B" to this Resolution, known as docwnent
number ~, a copy of which is on file in the office of the City Clerk, the City
Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the above
referenced documents are feasible and will become binding upon the Applicant
and its successors in interest and any other responsible entity (such as the project
proponent or the City) to implement same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fact
for this project, which is Exhibit "A" to this Resolution, known as docwnent
number ~, a copy of which is on file in the office of the City Clerk, certain
mitigation measures described in the above-referenced documents are infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, known as
document number ~, a copy of which is on file in the office of the City Clerk,
the City Council hereby finds pursuant to Public Resources Code Section 21081
4
/¿;:?~U
and CEQA Guidelines Section 15091 that alternatives to the project, which were
identified as potentially feasible in FEIR 97-03, were found not to be feasible.
F. 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
Exhibit "B" ofthis Resolution, known as document number ~, a copy of 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 projec1 implementation, the
permitiee/project applicant and any other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the
Findings of Fact and the Program.
VIII. 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. These documents, along with any
documents submitted to the decision-makers, including documents specified in Public
Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of
proceedings for any claims under the California Environmental Quality Act ("CEQA")
(Pub. Resources Code §21000 et seq.).
Presented by Approved as to form by
Robert Leiter, Director of Planning CC-~~
John M. Kaheny, City Atiorney
and Building
H:~hared\attomey\eir-res. wp
Exhibits , . ¡'"'.
Exhibit A: Findings of Fact and Statement of Overriding Considerations.,:)-'i"J',)'''''
Exhibit B: Adopted Mitigation Measures ~C,~ >:.!, .
"
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~::.:. -:'-::",E, ~"/B-._·~ =-_":-: -,:':< R~CEf\íED
~~~ :~~~_~..:~~ S:~:-'-- .:~: ATTACHMENT # Z
=L.>.. -E-:- 2:'~· 34C-
September 28, 1998 SEP 3 0 1998
PU\I~NilVG AG 270.1, S?ïP 820.6
(PC 271)
Mr. Rick Rosaler, Principal Planner
Planning Departm~nt
City of Chula Vis-",
276 ¡::ourth Avenue
Chula Vista, CA 91910
Dear Rick:
Thank you for meeting with us earlier this month, together with Kim Kilkenny and Kent Aden of
the Otay Ranch Company, to discuss the Otay Ranch SPA One amendments and associated
Environmental Impact Report IEIR).
Our comments on the EIR (dated August 21, 1998) focused on the need to maintain village core
~. densities at 18 dwelling units per acre to reduce densities in areas not served by transit and to
provide multiple and direct street connections to the planned trolley station. We indicated partial
support for the EIR-proposed Alternative C. At our meeting with you, we were pleased to learn
that several of our issues had been addressed. Most significantly, the Otay Ranch Company is
now proposing to maintain the village core area density at the level envisioned in the General
Development Plan. The applicant also agreed to eliminate the multi-family units from Village Two
West due to its distance from the trolley station and village core. Regarding the circulation
system, we still believe that the full loop road paralleling and connecting to East Palomar Street
was a good feature, but we are comfortable that the proposed plan for Village One offers a high
level of access to the planned trolley station and to destinations within the village.
Given the changes :dentified above, v.¡e cõn now support a project based 0:1 a modified
Alternative C. Thanks again for meeting with us and for your continued interest in the transit
elements of the Otay Ranch plan. If you have any questions, please contact Nancy Bragado of my
staff at 557-4533.
~'~'~ .
~1:re rman~
Director of Planning and Operations
SGreenfL -ROSALER.NBRA GA
cc: Douglas Reid, City of Chula Vista J¿J---J5
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E:NTIANGERED HABITATS LEAGUE -
0:; ] 0 í~:·~
J!Æ:::J.te.d tD ~,-'7T. Pro~.:tior. lIT'~ lmurO'D'"-d Lmui Use PÙ17miT1g
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::..~. Si]ver . Cox¿r..ator
f>'2';"'A 5ama Moni=2 BJvtL, ii5>"2
!.os Angeles, CA 90069-4267
72. 323-6.54-1456 . FAX 323-8f..1931
Ocl 8, 1998
?:anmn£ Commission
XliN: -PJmmin!, D::pl
Cir\; of ChuJa VlSIa
'I76 Fourth Ave.
CJmia Vista, CA 91910
RE: ~ Ræch Village 1 (DraftSecond1ierEIRfor~ Raoc:h SPA 1 æd GDPISRP
.A..~-]".~d~ - EIR-97-03, F.B-083, SCH #97091079)
Honornble Chair and Members of the Commi"";on;
The ;::nci""~red HabiIa1s League (EHL) wishes to supporrModifiedAltf:Inative C for
Vî¡¡"~e 1. It is our undep:r""rim8 tbar1his altf:ma1:ive embodies mmsit-supponing modifications in
density, land 11Se, and circuJmion which have been developed in consultation with the Mettopolitan
Tnmsit Development Board (MTDB).
Although the density levels remain at the minimwn tbresholdorigiDallyfmmd in the GDP,
""HI.. :nevertheless concurs tbar with this p",.b2P. of improvemen1S, Modified Alr::rnanve C is in
compliance with the Oct 28,1993 "Findings ofFacund Staxement of Ovezriåing Considerarion~
made for the Oiay Ranch project These fmdings incJudethe effecIive creation of a "multi-modal
1!æISpOnation rerwork. ~
EHL is mmmitted to susr.aiDable developmenl The crearion of livable., 1I'aDSit-oriented
communities is pan of this stæIegy. We commend the applicant, your mff, and the MillB for the
progress they have made. We urge your support for Modified Alternative C.
Thank you for consid...-ring our views, and we look fOIward to working with you in the
fumre.
Sincerely,
~~ .
Dan Silver,
Coordinator
-- c:::: Doug Reid, Environmental Review COOrdinator; ¿? ~ /f
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RESOLUTION EIR 97-03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND-
TIER ENVIRONMENTAL IMPACT REPORT (FEIR 97-03) AND
ADDENDUM FOR THE OTA Y RANCH AMENDED SECTIONAL
PLANNING AREA (SPA) ONE; MAKING CERTAIN FINDINGS
OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM;
AND RECOMMENDING CERTIFICATION TO THE CITY
COUNCIL.
WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare
an environmental impact report for the Otay Ranch Amended SPA One Plan and selected the firm
of Lettieri-McIntyre & Associations, Inc. to prepare the Environmental Impact Report (EIR). On
December 22, 1997, the City, Lettieri-McIntyre & Associates, Inc. and the Otay Project, LLC.
("Applicant"), entered into a three-party contract, where the City managed the preparation of the
EIR, Lettieri-McIntyre & Associates, Inc. prepared the EIR, and the Otay Project, LLC reimbursed
the City for the full cost of EIR preparation; and,
WHEREAS, a Draft EIR was issued for public review on July 7, 1998, was reviewed by the
Resource Conservation Commission on August 17, 1998, and was processed through the State
Clearinghouse; and,
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing on
the Draft EIR on August 26, 1998; and
WHEREAS, the firm of Lettieri-McIntyre & Associates, Inc. prepared a Final Second-tier
Environmental Impact Report (FEIR 97-03) and Addendum on the Otay Ranch Amended SPA One;
and,
WHEREAS, this Second-tier FEIR incorporates, by reference, three prior EIRs: the Otay
Ranch General Deve10pmen1 Plan/Subregional Plan (GDP/SRP) EIR 90-01; 1he Chula Vista Sphere
of Influence Update EIR 94-03, as well as their associated Findings of Fact and Mitigation
Monitoring and Reporting Programs; and the SPA One FEIR 95-01. Program EIR 90-01 was
certified by the Chula Vista City Council and San Diego County Board of Supervisors on October
28,1993; the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council
on March 21,1995; and the SPA One FEIR 95-01 was certified by the Chula Vista City Council on
June 4,1996, and;
1
/!/'-~3
WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation
measures outlined in the Final EIR 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 infonnational or advisory, but
constitute a binding set of obligations that will come into effect when the City adopts the 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 of Fact and will be effectuated 1hrough the process of implementing
the Project; and,
WHEREAS, the Otay tarplant changed under the Endangered Species Act and an addendum
was prepared to reflec1 this change in status.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the
City ofChula Vista does hereby find, detennine, resolve and order as follows:
I. FEIR CONTENTS
That the FEIR consists ofthe following:
1. Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01;
2. The Chula Vis1a Sphere ofInfluence Update EIR 94-03, as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Programs; and
3. FEIR 95-01, including three Addendums; and
4. FEIR 97-03 and Addendum
(all hereafter collec1ively referred to as "FEIR 97-03").
II. FEIR REVIEWED AND CONSIDERED
That the Planning Commission of the City of Chula Vista has reviewed, analyzed and
considered FEIR 97-03 and the environmental impacts therein identified for this Project, the
Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this
Resolution) and the proposed mitigation measures contained therein, and the Mitigation
Monitoring and Reporting Program (Exhibit "B" to this Resolution) prior to approving the
Project. Copies of said Exhibits are on file in the Planning Department office.
Planning Conunission
Amended SPA One EIR Resolution 2 B:\PCIEIR·RES.WPD
/tJ---~?
III. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
That the Planning Commission does hereby find that FEIR 97-03, the Findings of Fact and
the Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the
Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are prepared
in accordance with the requirements ofCEQA, Pub. Resources Code, §21000 et seq.) the
CEQA Guidelines (California Code Regs. title 14, § 15000 et seq.), and the Environmental
Review Procedures of the City ofChula Vista.
IV. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the FEIR 97-03 reflects the independent judgment
of the City ofChula Vista Planning Commission and the City ofChula Vista staff.
V. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The Planning Commission does hereby approve, accept as its own, incorporate as if
set forth in full herein, and make each and every one of the findings contained in the
Findings of Fact, Exhibit "A" of this Resolution.
B. Statement of Overriding Consideration
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potenlially significant environmental effects caused
by the project, or cumulatively, will remain. Therefore, the Planning Commission
recommends that the City Council of the City ofChula Vista hereby issues, pursuant
to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the
fonn set forth in Exhibit "A", identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects
acceptable.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and se1 forth in FEIR 97-03 and in the Findings of Fact for
this project, which is Exhibit "A" to this Resolution, the Planning Commission
hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the above
referenced documents are feasible and will become binding upon the enlity (such as
Planning Commission
Amended SPA One E1R Resolution 3 B:\PC\EIR-RES,WPD
/IJ---.2')
the project proponent or the City) assigned thereby to implement same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fac1 for
this project, which is Exhibit "A" to this Resolution, certain mitigation measures
described in the above-referenced documents are infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, the Planning
Commission hereby finds pursuan1 to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091 that alternatives to the project, which were
identified as potentially feasible in FEIR 97-03 and Addendum, were found not to
be feasible.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, Planning Commission
hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth
in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City
Clerk. The Planning Commission hereby finds that the Program is designed to
ensure that, during project implementation, the permittee/project applicant and any
other responsible parties implement the project componen1s and comply with the
feasible mitigation measures identified in the Findings of Fact and the Program.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
the City Council certify Final EIR 97-03.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 21st day of October 1998 by the following vote, to wit:
AYES:
NOES:
ABSENT:
Patty Davis
Chair - Planning Commission
Planning Commission
Amended SPA One EIR Resolution 4 B:IPCIEIR-RES.WPD
/ß'--~Y
ATTEST:
Diana Vargas
Secretary - Planning Commission
Exhibits
Exhibit A: Findings of Fact and Statement of Overriding Considerations
Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit C: Draft City Council Resolution
Planning Commission /pr;¿i
Amended SPA One EIR Resolution 5 RIPCIEIR-RES,WPD
ATTACHMENT 5
ADDE!'I.'DUM TO ENVIRONMENTAL IMPACT REPORT EIR-97-03
PROJECT NAME: Change in legal status of the Otay Tarplant (Hemizonia Conjugens)
under the Federal Endangered Species Act regarding the Otay
Ranch SPA One Subsequent EIR.
PROJECT LOCATION: South of Telegraph Canyon Road, to the west of La Media Road
(an extension of Otay lakes Road). See Figure 1.
PROJECT APPLICANT: The Otay Ranch Company
CASE NO: EIR-97-Q3
DATE: October 30, 1998
I.. INTRODUCTION
A. When an EIR has been prepared for a project, no subsequen1 EIR shall be prepared
for that project unless the lead agency determines, on the basis of substantial
evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major
revisions of the EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the EIR due
to the involvemènt of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
3. New information of substantial importance which was no1 known and could
not have been known with the exercise of reasonable diligence at the time
the EIR was prepared.
B. If changes 10 a project or its circumstances occur or new information becomes
available after preparation of an EIR, the lead agency shall prepare a subsequent
EIR if required under subsection A. Otherwise, the lead agency shall determine
whether to prepare a subsequent Negative Declaration, an addendum or no further
documentation. (Guideline Section 15162)
EIR-97-03 Addendum Page 1
/()~ .30
This addendum has been prepared to provide clarification regarding the legal status of 1he Otay
Tarplant (Hemizonia Conjugens) under the Federal Endangered Species Act (ESA) to threatened
from a species that is a candidate for listing. Although the legal status of the plant has recently
changed, the basic conclusions of the Environmental Impact Report have not changed because 1)
the EIR included survey data for the plant, 2) mitigation measures to protect the plan1 populaIion
and 3) the plant is listed under State law and was treated in the EIR as a protec1ed species.
Therefore, in accordance with SecIion 15164 of the CEQA Guidelines, the City has prepared the
following addendum to the Environmental Impact Report for the Otay Ranch SPA One EIR-97-
03.
II. PROJECT LOCATION
The project site is located to the south of Telegraph Canyon Road and west of La Media Road.
(See attached locator map as Figure 1.)
The Otay Ranch GDP defines Village One as the land area both east and west of Paseo Ranchero
be:ween Telegraph Canyon Road and Olympic Parkway. The SPA One Plan includes all of
Village Five and the portion of Village One east of Paseo Ranchero. The area west of Paseo
Ranchero includes Village One and Two West. Also included is the high school site eaS1 of Paseo
Ranchero, south of Olympic Parkway.
ffi. ANALYSIS
The EIR notes that the Otay Tarplant is on this site and thai it is a State listed species as
endangered and is a candidate species for listing a1 a Federal level. Subsequent to the preparation
of the EIR, the Department of the Interior lis1ed the Otay Tarplant as a threa1ened species. This
is a change in the legal status of the plant. However, this does not rise to the level of a "change
in circumstances" as defined in Guideline Section 15162 for several reasons. The plant was treated
as protected specieis in the EIR including survey data and mitigation measures. The plant is given
a high level of protection through the Otay Ranch Resource Management Plan and the CEQA
Findings for this project. The primary issue is if this change would require a major revision to
the ErR due to the involvemen1 of new significant or substantial increase in the severity of
significant environmental effeciS.
The Multi-Species Conservation Plan (MSCP) calls for the preservation of 71 % of the m~or
population of the Otay Tarplant in the Multiple Habitat Planning Area (MHP A). The Otay Ranch
Resource Management Plan calls for the preservation of 80% of the species as does the Draft
Chula Vista MSCP Subarea Plan. This 80% standard is also identified in the Otay Ranch CEQA
Findings of Fact.
As is noted in the SPA One EIR with the expanded development area in Poggi Canyon, the 80%
EIR-97-03 Addendum Page 2
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standard is maintained and the project is in compliance with 1he Otay Ranch Findings of Fact.
Therefore, no revisions to the ErR are required.
Because of the involvement of the Federal Government, it is important that the applicant
coordinate with the U.S. Fish & Wildlife Service and obtain a letter from the Service for the City
indicating that all of their requirements have been met. The addition of this mitigaIion measure
is acceptable to the U.S. Fish & Wildlife Service, California Department of Fish & Game and the
applicant.
IV. CONCLUSION
Pursuant to Section 15164 of the Stale CEQA Guidelines and based upon the above discussion,
I hereby find thai the project revisions 10 the proposed project will result in only minor technical
changes or additions which are necessary to make the Environmental Impact Report adequa1e
under CEQA.
I
References: General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
Otay Ranch General Development Plan
Otay Ranch SPA One Plan
Otay Ranch SPA One Plan Amendments
(A:\llb\initialsmdies&negdecs\eir9703.add)
ErR-97-03 Addendum Page 3
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COUNCIL AGENDA STATEMENT
Item: /J
Meeting Date: 11/10/98
ITEM TITLE: PUBLIC HEARING: GPA 97-04 & PCM 97-10: Consideration of
amendments to the City of Chula Vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan in Villages One, Two, Six,
Seven, 13 and 15.
RESOLUTION / 51 <><,,~?jAPProVing amendments to the General Plan of
the City on the Otay Ranch Project and to the Otay Ranch General
Development Plan.
'UBMITrED BY, Di=lm of PI"","", ond &ì;itl
REVIEWED BY: City Managn~ (4/Sths Vote: Yes_ No _x.J
~
The Otay Ranch Company has submitted an licalion to amend the City's General Plan and the
Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) to modify land uses in the
Otay Ranch including Village One, Village Two, Villages One and Two west of Paseo Ranchero,
Village Six, Village Seven, Village 13 and Village 15.
The proposed General Plan and Otay Ranch GDP amendments fall into four categories:
amendments to implement the Otay Landfill Agrèement with the County of San Diego,
amendments to implement the Otay Ranch Company's tentative MSCP agreement with the wildlife
agencies, amendments required by the SPA One tentative map condilions and amendmen1s to the
transit village core densities. The amendments are discussed in detail in the body of the report and
are depicted in Attachment 3. Staff has reviewed the amendments and is recommending changes
to the requests as summarized in Attachment 6.
Under the California Environmental Quality Act (CEQA) guidelines, the Environmental Review
Coordinator prepared an Initial Study (lS-98-24) for this application and concluded that additional
adverse environmental impacts would result from the project. A Second Tier Environmental
Impact Report (EIR) and Addendum containing an environmental analysis was prepared to
measure impacts associated with the implementalion of the proposed modificalions. The Second
Tier EIR incorporates, by reference, the Otay Ranch GDP/SRP Program EIR (EIR-90-0l) as well
as the Second Tier EIR-97-03 for the Otay Ranch SPA One and GDP/SRP Amendments.
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Page 2, Item No.:
Meeting Date: 11/10/98
RECOMMENDATION:
1. That the City Council adopt the resolution amending the City of Chula Vista General Plan
to implement the Otay Landfill Agreement and to implement the Otay Ranch Company's
tentative MSCP agreement with the wildlife agencies as indica1ed in Attachment 6..
2. That the City Council adopt the resolution amending the Otay Ranch GDP to: implement
the Landfill Agreement in Village Two West; implement the tentative Otay Ranch
Company MSCP Agreement by expanding development areas in Villages One and Two
in exchange for Open Space in Village 13 and Village 15; relocate a high school site from
Village Seven to Village Two replacing it with Low-Medium Village and provide
flexibility in the required number of dwelling units in the transit village core as indicated
in Attachment 6.
BOARDS / COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on 1hese items on November 4, 1998. The
Commission recommends that 1he City Council adopt the staff recommended amendments with the
exception of the Industrial land use designation in Village Two West outside the buffer area. The
Commission agreed with the applicant that this area should remain Low-Medium residential with
an increase in density from 2.5 dwelling units per acre to 6 dwelling units per acre.
DISCUSSION:
I. Backeround
In 1993, the City Council and San Diego County Board of Supervisors jointly adopted the Otay
Ranch GDP/SRP for the 23,OOO-acre Otay Ranch (see Attachment I and 2). The GDP/SRP set
the policies and goals for the eventual development of the Otay Ranch. The Otay Ranch Sectional
Planning Area (SPA) One Plan was adopted in 1996. SPA One includes Village One and Village
Five of the Otay Ranch Parcel and implemen1s the goals and policies of the GDP/SRP. Otay
Ranch SPA One set broad policies for the development of the area west of Paseo Ranchero in
Village One.
In May 1996, the City and County of San Diego entered into an agreement to de-annex the
western portion of the Otay LandfIll from the City in exchange for County support of the 9,100-
acre Otay Valley Parcel annexation. The agreement established a 1,000-fo01 "buffer" around the
landfIll site, and requires the City to amend its General Plan, the Otay Ranch GDP/SRP and other
applicable zoning measures to replace current residential land use designation in the buffer zone
with land uses designations thai are more compatible with the landfill. The landfill is located
adjacent to the south of Village Two West. The buffer area effects approximately half of Village
Two West.
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Page 3, Item No.:
Meeting Date: 11/10/98
The agreement also provided for County staff to review the City's General Plan designations and
determine which designations were most compatible with the landfill. After reviewing the City's
designations, County staff found only the Open Space and Limited Industrial designations were
compatible with the landfill. The agreement limits the land uses within the buffer area to these
designations.
Subsequent to the approval of the GDP/SRP, The Otay Ranch Company began negotiations with
the California Department of Fish & Game and US Fish & Wildlife Service regarding the
implementation of the MSCP. In 1995, The Otay Ranch Company reached an agreement with the
wildlife agencies concerning future amendments proposed for the GDP/SRP to be incorporated
into the MSCP (the City has not yet entered into a similar agreement). These amendments involve
land use modifications to the GDP. To begin the process of implementing this agreement, The
Otay Ranch Company has submitted the application for an amendment to the City of Chula Vista
General Plan and the Otay Ranch GDP/SRP. The City is limited by State law to four General Plan
amendments per calendar year. These amendments will be the third se1 for Chula Vista's General
Plan this year. No other amendments are pending this year.
The Environmental Impact Report (EIR-97-03) covers the General Plan amendments and Otay
Ranch General Development Plan amendments as well as the proposed amendments to SPA One
Plan. Because of the lime constraints of the Otay Landfill Agreement, the General Plan and Otay
Ranch GDP amendments are being brought forward for City Council consideration at this time.
The proposed SPA One amendments are under review by staff and will be scheduled for public
hearings in the near future.
When considered in relationship to the entire 23,OOO-acre Otay Ranch GDP, these amendments
have a minor impact on the original Otay Ranch Project, although additional development has
been proposed within the City in exchange for additional open space within the County's
jurisdiction. The overall goals and concept of the Otay Ranch Project remain intact.
II. ADDlicant Proposal
The Otay Ranch Company proposes to amend the City's General Plan and 1he Otay Ranch GDP
and meet the requirements of the Tentative Map (C.V.T. 96-04) conditions by:
1. Replacing the Low-Medium residential designation within the Otay Landfill buffer with
the Industrial designation;
2. Implementing the tentative MSCP Subarea Plan Agreement with the wildlife agencies by
expanding development areas in Village One and Two West and eliminating development
areas in portions of Village 13 and Village 15 and replacing them with Open Space;
3. Relocating the high school site in Village Seven to a site in Village Two and replac ing the
site in Village Seven with single-family homes;
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Page 4, Item No.:
Meeting Date: 11/10/98
4. Relocating the Village Two community park to a location in either Village One west of
Paseo Ranchero or in Village Two;
5. Amending the transit village core density policies 10 provide more flexibility at the SPA
and tentative map level.
General Plan Amendment: The amendment to the General Plan proposes to remove the existing
residential land use designation within the Otay Landfill buffer in Village Two west of Paseo
Ranchero. Residential land uses were planned for this area in the Otay Ranch GDP/SRP in 1993.
However, in 1996, the City ofChula Vista and County of San Diego entered in an agreement to
de-annex the City's portion of the Otay Landfill to San Diego County in exchange for the
County's support of the annexation of the Otay Valley Parcel. The agreement included the
creation of a new 1 ,ooo-foot buffer around the landfill, as well as a condition requiring the City
to remove residential land use designations within this buffer zone.
The Otay Ranch Company proposes to comply with the requirements of the landfill agreement by
removing the Low Medium residential land use designation within the buffer in Village Two
West. The Otay Ranch Company has requested the area within the l,ooo-foot buffer be designated
Industrial. They propose leaving the remaining area in Village Two West outside the landfill
buffer as Low-Medium density residential with 3 to 6 dwelling uni1s per acre as indicated in
Alternative B of EIR-97-03.
In addition, the applicant proposes to amend the City's General Plan to implement their tentative
MSCP agreement with the wildlife agencies. This agreement allows for expansion of developmen1
areas into sensitive habitat in Village One and One West adjacent to Poggi Canyon in exchange
for elimination of development areas in Villages 13 and 15 as indicated in Attachments 4 and 5.
The amendment would convert 139 acres of Low Density residential land uses in Village 13 in
the Proctor Valley Parcel and 98 acres of Low-Medium Village residential land in Village 15 in
the San Ysidro Mountains Parcel to Open Space. Development areas and units are recovered in
Village One West and Village Two West.
Otay Ranch GDP/SRP Amendment: The proposed Otay Ranch GDP amendments reflect the
previously discussed General Plan amendments and would also:
1. Fulfill the tentative map condition of C. V . T. 96-04 requiring the applicant to identify a
relocation site for the Village Two community park. However, after further consideration,
City staff at the Executive Committee has determined that the 25-acre community park
planned in Village Two is in the appropriate location and should not move as required by
the tentative map condition (the tentative map conditions provided for this flexibility);
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Page 5, Item No.:
Meeting Date: 11/10/98
2. Fulfill the tentative map condition in C.V.T. 96-04 requiring the relocation ofthe Village
Seven high school site to a site in either Village One west of Paseo Ranchero or in Village
Two;
3. Reduce the transit village core densities in Villages One and Six from 18 dwelling units
per acre to 14.5 dwelling uni1s per acre. Since the origianl submittal, the applicant has
agreed to maintain the 18 duslacre in the Village Core and amend the policy setting the
18 duslacre as minimum.
These amendments are indicated in Attachment 3. More specific modifications proposed in the
amendments are as follows:
Villaie One
* Increase the overall land development area in Village One located in the Purple Phase
depicted in SPA One and the Public Facilities Financing Plan by approximately 23 acres;
* Decrease the open space area in Village One south of East Palomar Street adjacent to
Olympic Parkway in Poggi Canyon;
* Allow flexibility at SPA and Tentative Map levels for Village One Core density.
Villa¡¡-e One - West of Paseo Ranchero
* Increase the overall density in Village One west of Paseo Ranchero to 4 dus per acre;
* Increase residential land use area by 39 acres;
* Expand the development area adjacent to Poggi Canyon.
Villa¡¡-e Two
* Relocate high school site from Village Seven to Village Two;
* Amend GDP/SRP to relocate 25-acre community park out of Village Two and into
Village Two West. As indicated earlier, the Execulive Committee has determined that the
25-acre community park planned in Village Two is in the appropriate location and should
not moved.
* Redesignate community park area to single-family residential, 1hereby increasing single-
family residential units by 88 (from 1,742 to 1,830). Since the community park will remain
in Village Two this will not be redesignated residential.
Villa¡¡e Two - West of Pas eo Ranchero
* Delete Low-Medium residenlial uses within the landfill buffer;
* Add 25-acre community park (relocated from Village Two) within landfill buffer area;
* Designate area withirt landfill buffer as Industrial;
* Relocate the Village Seven high school site to the southwest corner of Pas eo Ranchero and
Olympic Parkway. However, the Sweetwater Union High School District prefers to move
the high school site away from the landfill buffer and place it in Village Two south of
Olympic Parkway. The applicant and City staff concurs with this location.
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Page 6, Item No.:
Meeting Date: 11/10/98
Villa~e Six
* Allow flexibility at SPA and Tentative Map levels for Village Six core density.
Villa~e Seven
* Relocate high school site to Village Two.
* Replace the high school site with 250 single-family homes.
V illa~e 13
* Remove 372 single-family residential units (from 1,030 dus 10 658 dus);
* Convert area (139 acres) from Low Density residential to Open Space.
Villa~e 15
* Remove 33 single-family residential units (from 516 10 483);
* Convert area (98 acres) from Low-Medium Village residenlial to Open Space.
The net result of these modifications is an increase of approximately 340 acres in Open Space in
the GDP and an decreased of 264 dwelling units Ranch-wide.
ANALYSIS:
As indicated earlier, the proposed General Plan and Otay Ranch GDP amendmen1s fall into four
categories: amendments to implement the Otay Landfill Agreement with the County of San Diego,
amendments to implement the Otay Ranch Companies tentative MSCP agreement with the wildlife
agencies, amendments required by the SPA One tentalive map conditions and amendments to the
transit village core densilies. The applicant's proposed amendments are depicted in Attachment
3. Staff has reviewed the amendments and is recommending the following changes to the requests
as summarized in Attachment 6 as discussed below.
General Plan Amendments
Only two unresolved General Plan issues remain with the proposed applicant: the land use
designation of the balance of Village Two West outside the landfill buffer and the loss of habitat
in Poggi Canyon.
Village Two West
Issue: Should land in Village Two west of Paseo Ranchero be designated Limited Industrial and
Low-Medium Residenlial or enlirely Limited Industrial?
The Otay Ranch Company proposes to change the Low-Medium residential land use designalion
within the buffer in Village Two West to Limited Industrial. The applicant proposes leaving the
J/~?
Page 7, Item No.:
Meeting Date: 11/10/98
remaining area in Village Two West outside the landfùl buffer as Low-Medium density residential
with 3 to 6 dwelling units per acre as indicated in Attachment 3. These two areas would be
separated by a local street. Staff believes there would be land use compatibility problems between
industrial land uses inside the buffer and residential designation on the other side of the buffer in
terms of traffic, noise and other impacts. Therefore, staff cannot recommend approval of this
al1ernative by the City.
The Executive Committee determined that the most appropriate designation for all Village Two
West is Industrial as indicated in Attachment 6. This amendment will delete 199 single family
units from the GDP, 65 of which are currently plan within the Landfill buffer. The Industrial
alternative is consistent within County-approved land use designations under the Landfill
Agreement. Designating all of Village Two West as Limited Industrial is also supported by the
City's Economic Development Commission (EDC) in their recent overall industrial land use
policy recommendations the City Council. EDC is concerned about the lack of industrial
designated land within the City. The Limited Industrial land use designation would be consistent
with EDC's recommendations. The addition of 102 acres of industrial land within Village Two
West will address the needs identified by EDC.
The Industrial designation for this area of Village Two would be consistent with other General
Plan industrial designations surrounding the landfill on the south, east and partially on the north.
Village Three and Planning Area 18-B east and south of the Landfill are designated Industrial on
the Otay Ranch GDP. The remaining area south of the Landfill along Otay Valley Road is
designated Limited Industrial on the General Plan, and the Sunbow GDP north of the Landfill is
also designated Industrial.
As indicated earlier, the Planning Commission has agreed with the applicant that the area outside
the buffer should remain Low Medium residential with an increase in density from the existing
GDP density of 2.5 dwelling units per acre to 6 dwelling units per acre.
Recommendation: Staff recommends thai the Limited Industrial General Plan designation and the
01ay Ranch GDP Industrial be placed on all of Village Two West. Staff believes the Industrial
land use designation is consistent with the General Plan policies and complies with the Otay
Landfill Agreement. Therefore, staff recommends all of Village Two Wes1 be designated Limited
Industrial on the General Plan and Industrial of the Otay Ranch GDP (see Attachment 6).
Village One-West and Villages 13 and 15
Issue: Can the loss of Coastal Sage Scrub and Maritime Coastal Sage Scrub Habitat in Poggi
Canyon be adequately mitigated?
In 1995, The Otay Ranch Company reached an agreement with the wildlife agencies concerning
expanding development into areas designated as Open Space in Village One West. Elimination of
J)-)
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Page 8, Item No.:
Meeting Date: 11/10/98
development areas in Villages 13 and 15 was proposed in exchange for expanding development
areas in Villages One, One West and Two West. The proposed amendments are to be incorporated
into the City's Subarea MSCP agreement.
The loss of habitat in Villages One and Two Wes1 was an issue for the Resource Conservation
Commission. Habitat(s) will be taken by the development of Olympic Parkway and the expanded
development areas in Villages One and Two wes1 of Paseo Ranchero. Adequate mitigation
identified in the Final EIR consis1s of off-site preservation and re sloration within the Otay Ranch
Preserve plus conversion of development areas in Villages 13 and 15 to Open Space. However,
the City does not currently have the authority to permit the loss of habitat. This issue will be
resolved either by approval of the City's MSCP Subarea Plan, Federal lOA Permit, or Section 7
Consultation prior to issuance of grading permits.
In Village One west of Paseo Ranchero, the development area will increase by 54 acres with a
proposed overall residential density of 4.0 units per acre where the original plan allowed 3.0 and
4.5 dwelling units per acre. Open Space, which is lost to development in this portion of Village
One, will be recovered in Villages 13 and 15.
Recommendation: Staff believes that adequate measures to conserve and restore habitat are
contained in EIR-97-03 10 mitigate the biological impact associated with 1he project. The wildlife
agencies have agreed 10 exchange the habitat in Poggi Canyon with habitat in Villages 13 and 15.
The GDP amendments create Open Space in Villages 13 and 15 for habitat that is viewed as more
valuable by the wildlife agencies. Slaff suppor1s the amendment to expand development areas in
Village One and Villages One and Two West and convert the residential designations in Villages
13 and 15 to Open Space.
Otay Ranch General Development Plan Amendments
The applicant has also submitted Otay Ranch GDP amendments to reflec11he proposed General
Plan amendments. Additional Otay Ranch GDP amendmen1s were required by the SPA One
tentative map conditions and the applicant has proposed amendments to the transit village core
densities.
Village Two
Village Two is affected as a result of the tentative map (C.V.T. 96-04) condition requiring the
applicant to replace the Village Seven high school site to a site in either Village One west of Paseo
Ranchero or in Village Two. After review of the alternative sites, the Sweetwater Union High
School District concluded that a site in Village Two, a quarter of a mile from the landfill, was
preferred. Staff supports the relocation of the high school site to Village Two.
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Page 9, Item No.:
Meeting Date: 11/10/98
Another SPA One tentative map condition required the applicant to amend the GDP/SRP to
relocate the 25-acre community park out of Village Two and into Village Two West, if required
by the City. However, after further consideration, the Executive Committee determined that a site
in Village Two is more appropriate. The community park relocation requirement has been
dropped from consideralion by City staff as provided for by the tentative map condition.
Recommendation: Approve the preferred high school site in Village Two, a quarter of a mile
from the landfill, as indicated in the EIR Alternalives.
Village Seven
Village Seven is proposed to be modified by relocating the high school site to Village Two. The
acreage left over from the vacated high school site will be converted to single-family residential
of an additional 250 units. As provided for in the GDP policies, the 50-acre high school site has
been replaced with the appropria1e residential densilies. In this case, 250 single-family homes at
3.5 dwelling units per acre replace the high school site.
Recommendation: Staff recommends the relocalion of the high school site on the Otay Ranch
GDP from Village Seven to Village Two and replaced with 250 single-family units in Village
Seven.
Village One and Six
The applicant originally proposed to decrease the multi-family units in the Village Core from 18
to 14.5 dwelling units per acre in Villages One and Six. The Otay Ranch GDP Village One core
policies indicate the number of units identified in the core is a minimum, and may not be reduced.
The proposed reduclion was identified as an issue early in the review of the project, and, after
discussions on the EIR Alternatives, the Otay Ranch Company and City staff agreed that the
reduclion in Core density was not necessary but a change in the GDP policy prohibiting the
reduction of the density was the appropriate solution. The Village One Core contains sufficient
densities to support a future trolley stop as established by the Metropolitan Transit Development
Board (MTDB). Staff is currently reviewing the SPA Plan application for Village Six and will
coordinate with MTD B to ensure sufficient densities are provide in the village core to support th e
light rail transit. MTDB supports EIR Alternative C as indicated in their attached letter and the
amendment is consistent with policy amendmen1s recently approved for McMillin Companies in
Village Five.
Recommendation: In order to provide the same flexibility in village core densities, as approved
for McMillin in the Village Five Core, staff recommends the policy prohibiting a reduction in
density be amended. The transit policies for Villages One and Six should be amended to read:
"The HumBer 6£ flÐffie3 idellti:fieà fer åie village eefe Ì3 a miniml:tl1i anti fl'ifi)" Het he reàtieeà. The
number of homes identified for the villa¡¡e core re,presents an urban plannin¡¡ ¡¡oal. Reductions in
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Page 10, Item No.:
Meeting Date: 11/10/98
the number of multi-family units may be ap,proved as lon~ as sufficient densities are provided to
support bus and liiht rail transit."
CONCLUSION:
The proposed amendments to the City's General Plan and the Otay Ranch General Development
Plan will implement the requirements of the Otay Landfill Agreement with the County of San
Diego; implement the tentative MSCP agreement between The Otay Ranch Company and the
wildlife agencies; and implement the conditions required by the tentative subdivision map for SPA
One. The amendments to the transit village policies are consistent with the recently approved
amendments for Village Five. When considered in relationship to the entire 23,000-acre Otay
Ranch Project, these proposed amendments do not change the fundamental concepts of the GDP.
Although 62 acres of addi1ional development has been proposed within the City in exchange for
340 acres of additional open space within the County's jurisdiction, the overall goals and concept
of the Otay Ranch Project remain intact.
FISCAL IMPACT:
This application is included in the scope of the staffing agreemen1 with The Otay Ranch Company.
There are substantial penalties in the Landfill Agreement with the County if the General Plan is not
amended by November 15, 1998.
Attachments
1: Approved Land Use Plan, Otay Ranch GDP/SRP
2: GDP/SRP Otay Valley Parcel, Approved Land Use Plan
3: GDP/SRP Otay Valley Parcel, The Otay Ranch Company Proposed Land Use Plan
4: GDP/SRP Village Thirteen, Proposed Land Use Plan
5: GDP/SRP Village Fifteen, Proposed Land Use Plan
6: GDP/SRP Otay Valley Parcel, City's Proposed Land Use Plan
H:\HOME\PLANNING\RICK\CC _AMEN.WPD
November 5. 199B (9:41am)
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RESOLUTION NO. /9.2 £3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
GENERAL PLAN OF THE CITY ON THE OT A Y RANCH
PROJECT AND TO THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN (GPA-97-04 AND PCM-97-10)
WHEREAS, on January 17, 1997 the Otay Project LLC ("Applicant") filed an
application with the City of Chula Vista for a General Plan Amendment and a General
Development Plan Amendment ("Project"); and,
WHEREAS, Applicant proposes that the City of Chula Vista General Plan and the
Otay Ranch General Development Plan be amended as set forth in the documents attached
respectively as Exhibit A and A-I; and,
WHEREAS, the amendments to the Otay Ranch GDP include several changes
involving Village One, Village Two, Village Six, Village Seven, Village 13, Village 15, the
Resource Management Plan 2, and 473.1 acres west of Paseo Ranchero, and;
WHEREAS, the City detennined that for good planning purposes and other policy
reasons, to amend its General Plan, the Otay Ranch GDP/SRP, and other applicable zoning
measures to establish a 1,000 foot buffer around the landfill site and replace current
residential land uses in the buffer zone with other land uses that are more compatible with
the landfill; and,
WHEREAS, the Planning Commission set the time and place for a hearing on the
Project, and notice of hearing, together with its purpose, was given by publication in a
newspaper of general circulation in the City and mailed to property owners within 500 feet of
the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place advertised and was continued
to November 3, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and,
WHEREAS, the Environmental Review Coordinator has prepared a Second-tier Final
Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation
Monitoring and Reporting Program have been issued to address environmental impacts
associated with the implementation of the Projects; and,
WHEREAS, this Second-tier FEIR incorporates by reference three prior EIRs: the
Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01; the Chula
Vista Sphere ofInfluence Update EIR 94-03; and the SPA One EIR 95-01, as well as their
1
J/-- )?
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 Upda1e EIR 94-03 was
certified by the Chula Vista City Council on March 21, 1995; and the SPA One EIR was
certified by the City Council on June 4, 1996, and;
WHEREAS, to the extent that these findings conclude that proposed mitigation
measures outlined in the Final EIR 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 infonnational or
advisory, but constitute a binding set of obligations that will come into effect when the City
adopts the Project implementing this General Plan Amendment. 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 Vis1a does hereby find, detennine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
That the proceedings and all evidence introduced before the Planning Commission at
their public hearing on the Final EIR 97-03 held on August 26, 1998, and their
public hearing held on this Project on November 4, 1998, 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. Thai the City Council of the City of Chula Vista has reviewed, analyzed and
considered FEIR 97-03, the Findings of Fact and Statement of Overriding
Considerations, and the proposed mitigation measures contained therein, and the
Mitigation Monitoring and Reporting Program, prior to approving the Project, and
incorporates herein by this reference Resolution No. 19251.
III. ACTION
A. That the City Council hereby approves the Project.
B. That the City Council has detennined that the General Development Plan
Amendment, described herein is consistent with the General Plan as amended
herein, for the following reasons:
2
)/-/r
A. THE PROPOSED GENERAL DEVELOPMENT PLAN
AMENDMENTS ARE IN CONFORMITY WITH THE CHULA
VISTA GENERAL PLAN.
The Otay Ranch General Development Plan was found consistent with
the Chula Vista General Plan when it was approved on Oc10ber 23, 1993.
These amendments will still advance 1he goals and objectives of the Otay
Ranch GDP. The City of Chula Vista General Plan has been amended and the
General Development Plan amendments are consistent with the approved
General Plan Amendments.
B. THE PROPOSED GENERAL DEVELOPMENT PLAN
AMENDMENTS WILL PROMOTE THE ORDERLY
SEQUENTIALIZED 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 has been updated to include
473.1 acres west of Paseo Ranchero, and specifies the public facilities required
by the Otay Ranch, and also the regional facilities needed to serve it. The
proposed amendments to the Village One core and the area west of Paseo
Ranchero will not have an impact on the sequential development of SPA One.
C. THE PROPOSED GENERAL DEVELOPMENT PLAN
AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT
LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The villages within Otay Ranch are designed with an open space buffer
adjacent to other existing projects, and future developments off-site and within
the Otay Ranch Planning Area One. A neighborhood park will be located
within the Village One West area to serve the project residents, and the project
will provide housing types compatible with Sunbow, as required by the General
Development Plan. A comprehensive street network serves the project and
provides for access to off-site adjacent properties. The proposed plan 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. The proposed GDP amendments
will not adversely affect adjacent land use, residential enjoyment, circulation or
environmental quality.
3
/I~ /;
IV. ATTACHMENTS
All attachments and exhibits are incorporated herein by reference as set forth in full
and the recitals herein are adopted by the City Council.
Presented by Approved as to form by
Ú- ~ iP-
Robert Leiter, Director of John M. Kaheny, City
Planning and Building Attorney
H:\shared\attomey\gp-res.orc
Exhibits NOT SCANNED
Exhibit A - Proposed General Plan Amendments
Exhibit A-I Otay Ranch General Development Plan Amendment
Exhibit B - Draft City Council Resolution Nar
, SCANNl:.
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1/- 23
COUNCIL AGENDA STATEMENT
Item: /;2,
Meeting Date: 11/10/98
ITEM TITLE: PUBLIC HEARING: GPA-98-02 & PCM-98-26: Consideration of an
amendment to the City of Chula Vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan to remove residential land uses
in Village Two of the Otay Ranch within one thousand (1,000) feet of the
01ay Landfill.
RESOLUTION )9'0<.. 3' ~prOving amendments to the General Plan of
1he City on the Otay Ranch Project and to the Otay Ranch General
Development Plan.
SUBMITTED BY, 0",,,,,,, "'PI,"""", ond ~$¿
REVIEWED BY: City Manag~::Ö ___ (4/5ths Vote: Yes _ NoX)
The City of Chula Vista proposes to ame the General Plan and the Otay Ranch General
Development Plan (GDP) on Village Two located east of the Otay Landfill as required by the
conditions of the Otay Landfill Tax Sharing Agreement between the City and the County. The
agreement requires the City to remove residential land uses (Low-Medium) within a one thousand
(1,000) foot "buffer" ofthe Otay Landfill's eastern property line located in Village Two of the Otay
Ranch.
Under the California Environmental Quality Act (CEQA) guidelines, the Environmental Review
Coordinator prepared an Initial Study (IS-98-24) for these applications and concluded that the project
would not have an adverse environmental impact. Therefore, a negative declaration was issued.
RECOMMENDATION:
1. Thai City Council adopt the resolu1ion amending the City ofChula Vista General Plan to
remove the Low Medium-Village residential land use designation within one thousand
(1,000) feet of the Otay Landfill in Village Two, changing the area to Limited Industrial and
Open Space.
2. That City Council adopt the resolution amending the Otay Ranch GDP to remove Low
Medium Density Residential and Open Space land uses within one thousand (1,000) feet of
the Otay Landfill in Village Two changing the area to Industrial and adding the area to
Village Three, and re-estab1ishing the Open Space buffer between Village Two and Village
Three.
/c2 -/
Page 2, Item No.:
Meeting Date: 11/1 0/98
BOARDS I COMMISSION:
The Planning Commission met on November 4, 1998. The Commission recommends that the
General Plan and Otay Ranch GDP area within the Landfill buffer be changed to Industrial but that
no Open Space area be designated in Village Two to separate the Village Two residential from
Village Three Industrial land use designation. The Commission believes that an appropriate
separation between the Village Three Industrial and the Village Two residential can be detennined
at the SPA level for these two villages.
DISCUSSION:
I. Backl!round
In 1993, the City Council and San Diego County Board of Supervisors jointly adopted the Otay
Ranch GDP/SRP for the 23,000-acre Otay Ranch. The GDP/SRP set the policies and goals for the
eventual development of Otay Ranch. In May 1996, the City and County of San Diego entered into
an agreement 10 de-annex 1he western portion of the Otay Landfill from the City in exchange for
County support of the 9,100-acre Otay Valley Parcel annexation. The agreement established a 1,000
foot "buffer" around the landfill site, and requires the City to amend its General Plan, the Otay Ranch
GDP/SRP and other applicable zoning measures to replace current residential land uses in the buffer
zone wi1h other land uses that are more compatible with the landfill. The landfill is located adjacent
to the southwestern portion of Village Two across Paseo Ranchero.
The agreement also provided for County staff to review the Ci1y's General Plan designations and
determine which designations were mos1 compatible with the landfill. After reviewing the City's
designations, County staff found only the Open Space and Limited Industrial designations were
compatible with the landfill. The agreement limits the land uses within the buffer area to these two
land use designations.
Initially, the Landfill Agreement was to be fully enforced by April 15, 1998. At the request ofthe
City, 1he date for enforcing the agreement was extended to November 15, 1998 so the City's
application could be processed concurrently with the Otay Ranch Company applica1ion for the
amended SPA One project in Villages One and Two West
This portion of Village Two is owned by the Stephen and Mary Birch Foundation. The City initiated
the application because the Foundation does not have an active project within the Otay Ranch. Staff
met with representatives of the Foundation in March of this year to discuss the application. The
property owners were sent notices ofthe public hearings and were sent copies of the staffreports.
/.J. - cJ-
Page 3, Item No.:
Meeting Date: 11/10/98
I. City Proposal
The City ofChula Vista proposes to amend the City ofChula Vista General Plan and the Otay Ranch
GDP to meet the requirements ofthe Otay Landfill Tax Sharing Agreement by removing residential
land uses within a one thousand (1,000) foot buffer around the aclive areas of the Otay Landfill.
General Plan Amendment: The City proposes to amend the General Plan to remove the Low
Medium -Village residential land use designation in the Otay Landfill buffer within Village Two
changing the area to Limited Industrial and Open Space. The Open Space designation reestablishes
the existing open space buffer between the existing residential and industrial land use designalions.
Otav Ranch General DevelQpment Plan/Countv Subregional Plan Amendment: This GDP
amendment proposes a change to the Otay Ranch GDP to reflect the General Plan amendment with
the removal of residential land uses located within the buffer adjacent to Village Two. The
amendment would remove Low Medium-Village Density Residential and Open Space land uses
within the Otay Landfill buffer in Village Two, changing the area to Industrial and would add 1he
area to village Three changing the boundary between Villages Two and Three, and re-establish the
Open Space buffer between Village Two and Village Three.
ANALYSIS:
The proposed General Plan amendment implements the requirements of the Landfill Agreement. The
General Plan Low Medium-Village (3 to 6 dulac) designation in Village Two, within the buffer, is
deleted and replaced with the County-approved land use designations of Limited Industrial. The new
Limited Industrial area within the buffer is approximately 25 acres. An additional 20 acres of Open
Space outside the buffer area is proposed to separate the residential land uses from the new industrial
designation. The 10tal General Plan amendmen1 area within Village Two is 45 acres.
A corresponding amendment to the Otay Ranch GDP is also proposed. Within the amendment area,
the existing GDP designalion is Low Medium residential allowing 3.5 dwelling units per acre. The
45 acre GDP amendment to Industrial and Open Space would reduce the Village Two single family
units by 158 units, from 1,156 units to 998 units.
S1aff proposes the new Industrial area in Village Two be transferred to Village Three changing the
boundary between Villages Two and Three since Village Three is enlirely Industrial and there is no
other industrial land in Village Two.
In addition, staff proposes that 10 acres of existing Open Space at the top of Wolf Canyon between
Villages Two and Three also be changed to Industrial. These 10 acres were designated as part of the
Otay Ranch Open Space Preserve but included in the original Otay Ranch Company tentative MSCP
agreement with the wildlife agencies. This tentative agreemen1 allows for the lO-acre area to be
J:2~;S
._.~.
Page 4, Item No.:
Meeting Date: 11/1 0/98
developed. This 10 acre area plus the 25 acres fÌ'om Village Two would increase Village Three
Industrial area by 35 acres.
The Planning Commission recommends that the General Plan and Otay Ranch GDP area within the
Landfill buffer be changed to Industrial but does not support the Open Space desigantion within
Village Two. The Commission believes that an appropriate separation between the Village Three
Industrial and the Village Two residential can be detennined at the SPA level for these two villages.
This proposal was discussed with representatives of the Foundation in the spring of this year. This
amendment was agreed to and selected by the Foundation's representatives out of two alternatives
proposed by staff that effected this portion of Village Two. The olher alternative proposed all Open
Space within the buffer area as provided for in 1he other County-approved land use designation for
the buffer area.
The Otay Ranch Company has expressed concern over the amount of Open Space proposed for their
property and will propose at the Planning Commission meeting an alternative plan their splits the
Open Space area be1ween the Foundation's property and the their own in Village Two.
CONCLUSION:
The City is required to amend the General Plan and Otay Ranch GDP by the Landfill Agreement.
This proposal implements the requirements of the Otay Landfill Tax Sharing Agreement by
changing the designations within the buffer to Limited Industrial and Open Space on the General
Plan and Industrial and Open Space on the Otay Ranch GDP.
FISCAL IMPACT: Since these applications were initiated by the City, the costs associated with
processing them are the responsibility ofthe City. The Landfill Agreement contains substantial fiscal
penalties ifthe City does not have the General Plan and associated zoning documents amended by
November 15, 1998.
Attachments
1: Existing City General Plan with Landfill Buffer
2. Existing Otay Ranch General Development Plan with Otay Landfill Buffer
3: Proposed Otay Ranch General Development Plan Amendment Map
H:\HOME\PLANNING\RICK\CCCITY AM.WPD
November 5.1998 (9:33am)
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CITY GENERAl PLAN AMENDMENT EXISTING GENERAL PLAN
LANDFILL BUFFER
RESIDENTIAL PUBLIC & OPEN SPACE
RL Low PQ Public & Quasi Public
RLM Low-Medium P Parks & Recreation
LMV Low-Medium Village asp Open Space
INDUSTIRAL SPECIAL PLAN AREAS J02~S--
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Manufacturing
ATTACHMENT 1
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[f[ Frecy"ay Commerci,a] 8 Parle. & Ride Facility
INDUSTRIAL SPECIAL PLAN AREAS
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Key Map RESIDENTJAL ŒEJ Village ElIIries
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RESOLUTION )'1.2~7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
GENERAL PLAN OF THE CITY ON THE OTAY RANCH
PROJECT AND TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN (GPA-98-02 AND PCM-98-26)
WHEREAS, an application for amendments to the Chula Vista General Plan and the Otay
Ranch General Development Plan ("Project") was filed with the City of Chula Vista Planning
Department on January 30, 1998 by the City of Chula Vista ("Applicant"); and,
WHEREAS, in May 1996, the City ofChula Vista and San Diego County entered into an
agreement concerning the Otay Landfill; and,
WHEREAS, 1he City has detennined that good planning practices and for other policy
reasons, to amend its General Plan, the Otay Ranch GDP/SRP, and other applicable zoning
measures to establish a 1,000 foot buffer around the landfill site and replace current residential land
uses in the areas surrounding the Otay landfill with other land uses that are more compatible with
the landfill; and,
WHEREAS, Applicant proposes that the Chula Vista General Plan and the Otay Ranch
General Development Plan be amended as set forth in the document attached as Exhibit A; and,
WHEREAS, the Planning Commission set the time and place for a hearing on the Project
and notice of said hearing, together with its purpose, was given by publication in a newspaper of
general circulation in the City and mailed to property owners within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place advertised, November 4, 1998 in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and,
WHEREAS, the Environmental Review Coordinator conducted an initial study of the
proposed Project and concluded that there would be no significant environmental impacts, and
recommended the adoption of a Negative Declaration; and,
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
November 4, 1998 and voted 6-0-1 to approve the Project in accordance with an amendment as
reflected in the minutes of said hearing, recommending to the City Council approval of the
amendments; and
WHEREAS, the City Council set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and
J~~fš"
WHEREAS, the hearing was held at the time and place as advertised, and as continued to
November 10, 1998 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City
Council, and said hearing was thereafter closed.
PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission at
their public hearing on this matter held on November 4, 1998 and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding. Copies of said
documents are on file in the Office of the City Clerk.
I. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby resolve as follows:
A. The City Council hereby certifies that Negative Declaration IS 98-24, on file in the Office
of City Clerk, has been completed in compliance with the California Environmental
Quality Act, as amended, and the State guidelines thereto (California Code of Regulations
Section 15000 et seq.), that said Negative Declaration reflects the independent judgment of
the City of Chula Vista City Council and that the infonnation contained in said
Declaration, together with any comments received during the public review process, has
been reviewed and considered by this Council in connection with the approval of the
Project.
B. The City Council adopts Negative Declaration IS 98-24.
C. The City Council approves the proposed City of Chula Vista General Plan Amendments as
set forth in Exhibit A.
II. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve the proposed Otay Ranch General Development Plan amendment as set forth in
Exhibit "A", 10 change the residential land use designation within the lOOO-foot landfill buffer
from Medium Low Density to Limited Industrial; to add the area to Village 3; and to create a new
open space buffer in Village Two.
III. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby find that the proposed amendment to the Otay Ranch General Development Plan is
consistent with the General Plan as amended herein for the following reasons:
A. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS ARE IN
CONFORMITY WITH THE CHULA VISTA GENERAL PLAN.44
The Olay Ranch General Developmen1 Plan was found consistent with the Chula
Vista General Plan when it was approved on October 23, 1993. These amendments
2 /;2 ~/
will still advance the goals and objec1ives of the Otay Ranch GDP. The City of
Chula Vista General Plan has been amended and the General Development Plan
amendments are consistent with the approved General Plan Amendments.
B. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS WILL
PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The SPA One Plan and Public Facilities Financing Plan contain provisions and
requirements 10 ensure the orderly, phased development of the project. The Public
Facilities Financing Plan has been updated to include 473.1 acres west of Paseo
Ranchero, and specifies the public facilities required by the Otay Ranch, and also
the regional facilities needed to serve it. The proposed amendments to the Village
One core and the area west of Paseo Ranchero will not have an impact on the
sequential development of SPA One.
C. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The villages within Otay Ranch are designed with an open space buffer adjacent to
other existing projects, and future developments off-site and within the Otay Ranch
Planning Area One. A neighborhood park will be located within the Village One
West area to serve the project residents, and the project will provide housing types
compatible with Sunbow, as required by the General Development Plan. A
comprehensive street network serves the project and provides for access to off-site
adjacent properties. The proposed plan 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. The proposed GDP amendments will not adversely affect adjacent land
use, residential enjoyment, circulation or environmental quality.
IV. The Environmental Review Coordinator is hereby directed to file a Notice ofDetennination
with the County Clerk of the County of San Diego.
V. ATTACHMENTS
All attachments and exhibits are incorporated herein by reference as set forth in full.
3 /~ --- / ¡)
Presented by Approved as to fonn by
CL- ~~ ~
Robert Leiter, Director of John M. Kaheny, City Attorney
Planning and Building
H:\shared\attomey\gdp-res.ccv
Exhibit
Exhibit A- GP and GDP Amendments
4 /02---//
EXHIBIT A
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to Village 3 o~:lEB
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
DATE: October 5, 1998
TO: The Honorable Mayor and City Council
David D. Rowlands, Jr" City Manager
John M. Kaheny, city Attorney
FROM: John Dorso, Chairman~
Charter Review Commi'sion
SUBJECT: Proposed Ballot Measures
As indicated in the Charter Review Commission's FY 97-98 Annual
Report, the Commission has formulated several proposed ballot
measures. These measures are as follows:
Measure No. 1: Mayoral Salary Adjustment
Measure No. 2: Duties of the Vice Mayor
Measure No. 3: Expenditure of Money by Council
Measure No. 4 : Duplicative language in Charter sections 500
and 701
Measure No. 13 : Term of Youth Commissioners
Measure No. 15: Role of the civil Service commission
In addition, the Commission has developed a Charter amendment to
permit the city to use the "Design Build" approach to Public
Works Projects. It should be noted that a similar measure will
be on the ballot in the city of San Diego this November.
It is evident that none of these proposed measures are time
sensitive. The next city-wide election is on March 7, 2000, a
mere 18 months away. It is the consensus of the Commission that
no further review of the above-formulated measures is required by
the Commission and that it is time to present them to the city
Council for disposition at a future date to be determined by the
Council.
In anticipation of the next election, the Charter Review
Commission respectfully requests that any proposed additional
amendments to the Charter be submitted to the Commission
sufficiently in advance of the next election to allow for
thoughtful deliberation by both the Commission and the Council.
The Commission looks forward to advising the Council on any
aspect of the Charter which may be of concern to the Council.
h:\home\lorraine\crc\props.wp
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276 FOURTH AVENUE, CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585·5612
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MEASURE 1 Mayoral Salary Adiustments
Shall section 304(c) of the Charter be amended YES
to clarify the language for adjusting the
Mayor's salary based on the Consumer's Price
Index? NO
Sec. 304. presidinq Officer, Mayor.
(c) Compensation. The Mayor shall receive an annual salary
of thirty-seven thousand two hundred dollars ($37,200.00) per year
and shall receive reimbursement on order of the Council for
Council-authorized travel and other expenses when on official duty
out of the City, and in addition, shall receive the sum of fifty
dollars ($50.00) per month, which amount shall be deemed to be
reimbursement of other out-of-pocket expenditures. The City
Council may also provide, by resolution, for the payment to the
Mayor of an allowance of a sum certain per month, as reimbursement
for the additional demands and expenses made upon and incurred by
the Mayor.
The salary provided herein may be annually increased beyond
said amount by a resolution of the City Council in an amount not to
exceed an amount proportional to the chanqe in the All Urban
Consumers/All Items Component of the San Diego Metropolitan Area U
(Broader Base) Consumer Price Index, occurrinq in the year of
adiustment , or beyond said increased amount, by a vote of the
people.
/3-;L
MEASURE 2 Specifyinq that the Vice Mayor Serves as Mayor
in the event of the Mayor's death
Shall Section 304(d) of the Charter be amended YES
to clarify that the Mayor Pro Tempore shall
serve as Mayor in the event of the Mayor's
death, until replaced? NO
Sec. 304. presidinq Officer, Mayor.
(d) Mayor Pro Tempore. The City Council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capacity at the pleasure of the city Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability that prevents the execution of the duties of
the office , and in the event of the Mayor's death, until replaced.
/3-3
MEASURE 3 Deletinq the prohibition aqainst Council
takinq action to expend monev at anv meetinq
other than a Reqular Meetinq of Citv Council.
Shall section 311 of the Charter be amended to YES
allow the Council to approve expenditure of
funds at any legally constituted meeting? NO
Sec. 311. Adoption of Ordinances and Resolutions.
(a) Generally. with the sole exception of ordinances which
take effect upon adoption referred to in this article, no ordinance
shall be adopted by the City Council on the day of introduction,
nor within five days thereafter, nor at any time other than at a
regular or adjourned regular meeting. At the time of adoption of
an ordinance or resolution, it shall be read in full, unless after
the reading of the title thereof, the further reading thereof is
waived by unanimous consent of the Councilmembers present. In the
event that any ordinance is altered after its introduction, the
same shall not be finally adopted except at a regular or adjourned
regular meeting, held not less than five days after the date upon
which such ordinance was so altered. The correction of
topographical or clerical errors shall not constitute the making of
an alteration within the meaning of the foregoing sentence.
(b) For Payment of Money. A resolution or order for the
payment of money shall be adopted or made only at anv leqallv
constituted a regular or aàjo~rReà regular meeting.
(c) Votes Requiredl Execution and Attestation. Unless a
higher vote is required by other provisions of this Charter, the
affirmative votes of at least three members of the city Council
shall be required for the enactment of any ordinance or resolution,
or for the making or approving of any order for the payment of
money. All ordinances and resolutions shall be signed by the Mayor
and attested by the City Clerk.
(d) Emergency Ordinances. Any ordinance declared by the
City Council to be necessary as an emergency measure for preserving
the public peace, health, safety, and general welfare and
containing a statement of the reasons for its urgency, may be
introduced and adopted at one and the same meeting if passed by at
least four affirmative votes.
/ ']---1
MEASURE 4 Deletinq Duplicative Lanquaqe in sections 500
and 701 reqardinq Placement of Manaqement
positions in the Unclassified Service.
Shall the Charter be amended to consolidate in YES
a single location in the Charter the two
sections that place management positions in the
Unclassified provisions? NO
Sec. 500. Appointment and Removal of Officers and
Department Heads.
(a) Appointment. The City Manager, city Attorney and city
Clerk shall be appointed by and serve at the pleasure of the City
Council and shall be in the Unclassified Service. In addition,
there shall be in the Unclassified Service a private secretary for
the city Manager, City Attorney and the Mayor and Council who shall
be appointed by the respective officers for whom they serve. All
other officers and department heads of the City and the Assistant
city Manager shall be appointed by the City Manager subject to the
approval of the City Council. The City Attorney shall also appoint
Assistant or Deputy City attorneys as may be authorized by the
Council, subject to the approval of the Council, who shall be in
the Unclassified service The City Clerk may also appoint Assistant
or Deputy City Clerks as may be authorized by the Council subject
to the approval of the Council who shall be in the Unclassified
Service. It io further pro....ided tho City Council may, by
ordinanoe, f lace 1\.ooiotant anà Def uty Department IIe:lds, 1'.ssistants
to the city pqanager and nO".: ffi.J.R.J..§Ðæønt le·.I"el pooitions in tho
Unolassified £ervice by a four fifth'o vote of tHO Counoil.
(b) Removal. Officers and employees in the Unclassified
Service appointed by the city Council may be removed by them at any
time by a majority vote of the members of the Council, and such
officers and department heads in the Unclassified Service appointed
by the city Manager may be removed by him at any time and, in the
case of appointees in the Unclassified Service, the order of the
City Councilor the City Manager affecting said removal shall be
final and conclusive. The position of said officers and employees
shall be declared vacant if said officer or employee is convicted
of a felony or crime involving moral turpitude. Any appointee or
employee in the Unclassified Service so removed by the City
Manager, the City Attorney or City Clerk may, however, within five
(5) days after receipt of a notice of dismissal, demand a written
statement of the reason for such dismissal, a copy of which shall
be forthwith filed with the city Council. Upon receipt of such
written statement so furnished by the City Manager, the city
Attorney or city Clerk to the city Council, the Council shall fix
a time and place for a public hearing, at which hearing the Council
shall have authority to investigate the facts set forth in said
) 3~ S-
--,-
Measure 4 (continued)
written communication from the City Manager, the City Attorney or
City Clerk containing the reason for said dismissal, and
determine the truth or falsity of said facts. Council shall report
its findings and recommendations made as a result of such hearing,
and cause a copy of said findings to be delivered to the City
Manager, the City Attorney or city Clerk and file the original with
the City Clerk. The dismissed appointee or employee in such cases
shall have the right to file with the Council a written reply or
answer to any charges filed by the city Manager, the City Attorney
or the city Clerk. All written documents, including the City
Manager's, the City Attorney's or the City Clerk's written reasons
for such dismissal, and the reply of the dismissed appointee or
employee, the findings and decisions of the Council, and any
documentary evidence used at the hearing shall be filed with the
proper office of the City as public records, open for inspection at
any time. Nothing herein contained, however, shall be construed as
in any way limiting the authority and power of the City Manager,
the city Attorney or the city Clerk to remove any appointee or
employee in the Unclassified Service of the city, so appointed or
employed, and all such removals shall be final and conclusive.
Sec. 701. Unclassified and Classified service.
The civil Service of the City shall be divided into the
Unclassified and the Classified Service.
(a) Unclassified Service. The Unclassified Service shall
include the following officers and positions:
(1) All elective officers;
(2 ) City Manager, Assistant City Manager, Deputy City
Manager, Director of Finance, City Clerk, City
Attorney, Assistant or Deputy city Attorneys, a
private secretary to the City Manager, a private
secretary to the Mayor and Council, a private
secretary to the city Attorney, department heads;
or as provided in Section 500 of this Charter.
(Formerly Subsection (8) renumbered to Subsection
(3 ) and remaining section renumbered)
(3 ) The City Council may place Assistant and Deputy
Department Heads, Assistants to the city Manager
and new or existinq management level positions in
the Unclassified Service or existinq classified
manaqement level positions. once vacated. in the
Unclassified Service. or by an ordinance adopted
by a four-fifth's vote.
(4) All members of boards and commissions;
(5) positions in any class or grade created for a
special or temporary purpose and which may exist
-2- J.J~t
Measure 4 (continued)
for a period of not more than ninety (90) days in
anyone calendar year;
(6) Persons employed to render professional,
scientific, technical or expert service of any
occasional and exceptional character;
(7) Part-time employees paid on an hourly or per diem
basis; and
(8) Persons employed to fill positions which have been
created for work and/or projects funded entirely
or in part by grants made to the City or as
provided and as designated by the City Council
pursuant to Section 500 of this Charter.
(b) Classified Service. The Classified Service shall comprise
all positions not specifically included by this section in the
Unclassified Service.
-3- /3-7
MEASURE 13 Specifyinq that the Term of Youth Commissioners be
reduced from four to two years
Shall Section 602 of the Charter be amended to YES
reduce the term of Youth Commission members
from four to two years, and provide for half
terms of two years or more to count as a full NO
term for purposes of the two-term limit?
Sec. 602. Appointments: Terms and Vacancies.
(a) Appointments and Terms. The members of each of such
boards or commissions shall be appointed, and shall be subject to
removal, by motion of the City Council adopted by at least three
affirmative votes. The members thereof shall serve for a term of
four (4) years. except in the case of the Council authorized by
ordinance Youth Commission. in which case the members of a Youth
Commission shall serve for two (2) year terms. and until their
respective successors are appointed and qualified. Members of such
boards and commissions shall be limited to a maximum of two (2)
consecutive terms and an interval of two (2) years must pass before
a person who has served two (2) consecutive terms may be
reappointed to the body upon which the member had served; provided,
further, that for the purpose of this section, an appointment to
fill an initial term or an unexpired term of less than two (2)
years in duration shall not be considered as a term; however, any
appointment to fill an initial term or an unexpired term in excess
of two (2) years shall be considered to be a full term.
(b) Initial Classification of Appointees. The members first
appointed to such boards and commissions shall so classify
themselves by lot so that each succeeding July 1st the term of one
(1) of their number shall expire. If the total number of members
of such body to be appointed exceeds four (4), the classification
by lot shall provide for the grouping of terms to such an extent as
is necessary in order that the term of at least one (1) member
shall expire on each succeeding July 1st.
(c) Vacancies. Vacancies in any board or commission, from
whatever cause arising, shall be filled by appointment by the City
Council. Upon a vacancy occurring leaving an unexpired portion of
a term, any appointment to fill such vacancy shall be for the
unexpired portion of such term. If a member of a board of
commission is absent from three (3) regular meetings of such body
consecutively, unless by permission of such board or commission
expressed in its official minutes, or is convicted of a felony or
crime involving moral turpitude, or ceases to be a qualified
elector of the City, the office shall become vacant and shall be so
declared by the City Council.
(d) Eligibility. All members of boards and commissions shall
be qualified electors in the City of Chula vista with the exception
/J~Y
Measure 13 (continued)
of Youth Commissioners who need only be residents of the city of
Chu1a vista. No person may be appointed nor shall serve on more
than one of the Charter-created boards or commissions
simultaneously.
-2-
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MEASURE 15 Clarifvinq the role of the ci vil Service
Commission
Shall sections 610 and 702 of the Charter be YES
amended to clarify the role of the civil
Service Commission as the final decisionmaker
regarding Classified employee discipline; the
body to implement City Council-created rules NO
for the Ci vil Service; and having no role
regarding employer-employee relations and
retirement?
Sec. 610. civil Service Commission; Powers and Duties.
The civil Service commission shall have power and be required
to:
(a) Recommend to the city Council after a public hearing
thereon, the adoption, amendment or repeal of civil service rules
and regulations not in conflict with this article;
(b) Hear and render final decision on appeals of any person in
the Classified Service relative to any suspension, demotion or
dismissal;
(c) Conduct any investigation. which it may consider desirable
concerning the administration of personnel in the municipal service
and report its findings to the City Council; and
(d) Such other duties and powers as the City Council may, by
ordinance or resolution, confer upon the Commission in order to
carry out the principles of civil service in accordance with the
laws of the State of California and this Charter ~nd to ~ooiot in
the implementation of ~re~er e~loyer employee relatioRo.
Sec. 702. Rules and Requlations.
The civil Service rules and regulations shall provide for the
following matters, in addition to such others as the citv Council
Ci·.ril Cer.rice Commiooion may deem necessary, proper or expedient
for the civil Service Commission to carry en implement the intent
and purpose of the Classified civil Service provisions of this
Charter.
(a) The classification of all positions in the Classified
service.
(b) The selection, employment, advancement, suspension,
emotion, and discharge and retirement of all persons in the
Classified Service.
J:J-/¿)
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, }
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Measure 15 (continued)
(c) The recruitment of applicants for ~ positions in the
Classified Service through public advertisement inviting
applications and by the establishment of lists according to the
merit and fitness of the applicants, to be determined by free
examinations in accordance with such rules. The holding of
promotional examinations to fill vacancies where promotional
examinations are practicable in the opinion of the civil Service
Commission.
(d) The certification of three names standing highest on the
eligible list to the appointing authority to fill a position in the
classified Service, unless the Civil Service Commission, with the
consent of the appointing power, authorized the certification of
less than three names on an eligible list and, in the opinion of
such Commission and such appointing power, conditions warrant such
action.
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_m_ ~._~____._._______.~~_
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 11/1 0/98
ITEM TITLE: RESOLUTION /9)...5" ~MENDING, IN PART, RESOlUTION NO. 19204
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF CHULA VISTA
MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1998A (GATEWAY TOWN
CENTER) AND THE CITY OF CHULA VISTA SUBORDINATE MUL TI-FAMIL Y HOUSING
REVENUE BONDS (GATEWAY TOWN CENTER) SERIES 1998B, IN A COMBINED
PRINCIPAL AMOUNT NOHO·EXCEED $43,000,000
SUBMITTED BY: Community Development Oirector C~ C; ,
REVIEWED BY: C;I, M'"''''I:t. ~~ (4/5ths Vote: Yes_ NoX)
BACKGROUND:
On October 6, 1998, City Council adopted Resolution No. 19204 which approved the issuance of Multi·Family
Housing Revenue Bonds, Series 1998A and Series 1998B in an aggregate principal amount not-to-exceed
$43,000,000 in order to finance the acquisition and construction of a 440-unit multi-family housing project known
as Gateway Town Center located at the southwest corner of East Palomar Street within the McMillin Otay Ranch
SPA One. Section 5 of Resolution No.19204 provides that the Series 1998A Bonds shall be sold to Newman &
Associates, Inc. (the "Purchaser") pursuant to the terms of a Bond Purchase Agreement among the City, the
Borrower and the Purchaser. The Purchaser has advised the City that the Federal National Mortgage Association
("Fannie Mae") desires to purchase some or all of the Series 1998A Bonds but that as a condition of such
purchase Fannie Mae requires that it purchase the Bonds directly from the City.
Amending Resolution No. 19204, in part, will permit some or all of the Series 1998A Bonds to be purchased by
Fannie Mae if the Purchaser determines that such a purchase by Fannie Mae will result in a lower overall
borrowing cost for the Project.
RECOMMENDA TlON: That the Council adopt a resolution amending, in part, Resolution No. 19204.
BOARDS/COMMISSIONS RECOMMENDATION:Not applicable.
DISCUSSION:
The amendment of Resolution No. 19204 will permit all or a portion of the Series A Bonds to be purchased by
Fannie Mae. Newman & Associates reports that, given the current conditions in the market, Fannie Mae may be
the purchaser that can provide the lowest interest rate for the Project. The amendment is necessary, however,
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Page 2, Item _
Meeting Date 11/10/98
because when Fannie Mae busy bonds it is required to enter into a purchase contract directly with the issuer. The
attached resolution amends Resolution No. 19204 to permit Fannie Mae to be a part to the Bond Purchase
Agreement for the Series A Bonds.
FISCAL IMPACT: There is no financial or material impact to the City resulting from the amendment of
Resolution No. 19204.
IJAI H:IHOMEICOMMOEVISTAFF.REPIII·10·98\GATEWAY.113 [November4. 1998 (3:8PM))
/r~oZ
RESOLUTION NO. J9..2Š3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING, IN PART, RESOLUTION NO. 19204
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY
OF CHULA VISTA MULTI-FAMILY HOUSING REVENUE BONDS,
SERIES 1998A (GA TEWA Y TOWN CENTER) AND THE CITY OF
CHULA VISTA SUBORDINATE MUL TI·FAMIL Y HOUSING REVENUE
BONDS (GATEWAY TOWN CENTER) SERIES 1998B, IN A
COMBINED PRINCIPAL AMOUNT NOT-TO-EXCEED $43,000,000
WHEREAS, the City Council has previously adopted Resolution No. 19204 approvin9
the issuance by the City of multi-family housing revenue bonds to be designated "City of Chula
Vista Multi-Family Housing Revenue Bonds, Series 1998A (Gateway Town Center)" (the "Series
1998A Bonds") and "City of Chula Vista Subordinate Multi-Family Housing Revenue Bonds
(Gateway Town Center), Series 1998B" (the "Series 1998B Bonds" and, together with the Series
1998A Bonds, the "Bonds") in an aggregate principal amount non-to-exceed $43,000,000 in order
to finance the acquisition and construction of a 440-unit multi-family housing project (the
"Project") located at the southwest corner of East Palomar Street and La Media Road; and
WHEREAS, Section 5 of Resolution No. 19204 provides that the Series 1998A
Bonds shall be sold to Newman & Associates, Inc. (the "Purchaser") pursuant to the terms of a
Bond Purchase Agreement among the City, the Borrower and the Purchaser (the "Bond Purchase
Agreement"); and
WHEREAS, the Purchaser has advised the City that the Federal National Mortgage
Association ("Fannie Mae") desires to purchase some or all of the Series 1998A Bonds but that
as a condition of such purchase Fannie Mae requires that it purchase the Bonds directly from the
City; and
WHEREAS, the City desires to amend Resolution No. 19204, in part, to permit some
or all of the Series 1 998A Bonds to be purchased by Fannie Mae if the Purchaser determines that
such a purchase by Fannie Mae will result in a lower overall borrowing cost for the Project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista,
as follows:
Section 1. The above recitals, and each of them, are true and correct.
Section 2. Section 5 of Resolution No. 19204 is hereby amended, in part, to
permit Fannie Mae to be added as a party to the Bond Purchase Agreement in the event that
Fannie Mae purchases a portion of the Series 1998A Bonds and to permit Fannie Mae to be
substituted for the Purchaser as a party to the Bond Purchase Agreement in the event that Fannie
Mae purchases all of the Series 1998A Bonds.
Section 3. If any section, paragraph or provision of this Resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any remaining provision of this Resolution.
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Section 4. Except as expressly amended by this Resolution, all provisions of
Resolution No. 19204 shall remain in full force and effect.
Section 5. This Resolution shall take effect immediately upon its adoption.
Presented by Approved as to form by
GL ~~
Chris Salomone
Director of Community Development
[¡JAJ H:\HOME\COMMDEV\RESOS\GATEWAY.RES (November 4,1998 (12:47PM)]
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