HomeMy WebLinkAboutAgenda Packet 1992/01/21
''1 declare under penalty of perjury that I am
em~loyed by the City of Chula Vista in the
Office o,f Ü~e City Cler!, ?n::f tÌ1ê<'Ì : PO;) ~'-j
T d J 21 1992 tilis I\:;en ,'a/Notice on t:,e Bulletin Boa:d at C 'I Ch b
ues ay, anuary , th P "~I' . V" OunCl am ers
, e u.. IC er Ices ..U!ldong and at City haii on.' , ,.
6.00 p.m. DATED, ¡ :; ,:,:! SIGNErr:; ~ :u~hc ServIces BUlldmg
Resru1ar Meetin!/: of the City of Chula Vista City ounci!
CALLED TO ORDER
1. CALL TIiE ROLL: Counci!members Grasser Horton ~ Malcolm ~ Moore ~ Rindone ~
and Mayor Nader _.
2. PLEDGE OF AlLEGIANCE TO TIiE FLAG. SILENT PRAYER
3. APPROVAL OF MlNUfES: January 7,1992.
4. SPE<JAL ORDERS OF TIiE DAY: None.
CONSENT CALENDAR
(Items 5 through 15)
The staff recOTllTllJ!lldations regarding the following items listed under the Consent Calendar will be enm:ted by the
Council by one motion without discussion unless a CounciImember, a member of the pub1ü: or Cùy stoff requestS
that the iJem be puIkd 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 Cùy C1erfc prior to the meeting. (Complete the green form
to speak in favor of the stoff recommendation; complete the pink form to speak in opposition to the stoff
recommendJJJion.) Items pulled from the Consent Calendar will be discussed after Action Items and Board and
Commission Recommendations. Items puIkd by the pub1ü: will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting a refund for amounts paid for a conditional use permit and modification -
Skill Centers of America, Deborah M. Johnson, Executive Administrator, 4160 Cartagena
Drive, San Diego, CA 92115.
b. Letter requesting continuation of the left turn lane from Third Avenue to Second Avenue
on "E" Street - Frances W. Guest, 149 Twin Oaks Circle, Chula Vista, CA 91910. Staff
recommends that Mrs. Guest's concerns be considered with the item on tonight's agenda
and that the letter be filed.
6. RESOLUTION 16468 AMENDING TIiE 1990-1991 LEGISLATIVE PROGRAM AND ADOPTING A
LEGISLATIVE WORK PROGRAM FOR 1992 - Proposed amendments to the
Legislative Program to reflect issues and address concerns raised during the
fItst half of the 1991-92 legislative session. In addition, a work program
has been added to guide staff and the legislative consultant. Staff
recommends approval of the resolution. (City Manager)
Agenda -2- January 21, 1992
7. RESOLUTION 16469 APPROVINGAMENDMENTSTOFlSCAL YEAR 1990-1991 TIiROUGH 1992-
1993 MEMORANDUM OF UNDERSTANDING (MOO) WITH TIiE CHULA
VISTA EMPLOYEES ASSOCIATION (CVEA;) AND TO FlSCAL YEAR 1991-
1992 THROUGH 1992-1993 MOU WITH WESTERN COUNCIL OF
ENGINEERS (WCE), AND AUTHORIZING TIiE REPLACEMENT OF THREE
JOHN HANCOCK HEALTH INSURANCE PLANS WITH TIiREE HEALTH
NET PLANS - Major increases in the cost of the City's three John Hancock
health insurance plans and negotiations between the City and
representatives of the City's employee associations have resulted in the
recommendation to replace the three John Hancock plans with three
Health Net plans. This change is contingent upon ratification of
amendments to the City's multi-year MOll's with CVEA and WCE. Staff
recommends approval of the resolution. (City Manager)
8. RESOLUTION 16470 APPROVING AN AGREEMENT WITH TIiE SAN DIEGO ABANDONED
VEHICLE ABATEMENT SERVICE AUTHORITY - In October 1991, Counci!
passed a resolution creating the San Diego County Abandoned Vehicle
Abatement (AVA) Service Authority. A majority of the County's other cities
passed similar resolutions. This resolution approves an agreement between
the City of Chula Vista and the San Diego County AVA Service Authority.
The agreement provides for reimbursement to the General Fund for
expenditures related to the City's existing abandoned vehicle abatement
program. Such reimbursements will be made pursuant to the AVA Service
Authority's Program and Plan. Staff recommends approval of the
resolution. (Chief of Police)
9. RESOLUTION 16471 ACCEPTING TIiE 1990-1991 GRANTEE PERFORMANCE REPORT AND
AUTHORIZING ITS SUBMlTTAL TO TIiE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT - The City annually submits a
Grantee Performance Report (GPR) to the U.S. Dept. of Housing and Urban
Development (HUD). The GPR provides detai!ed information on the use
of Community Development Block Grant (CDBG) funds including the
progress achieved and the status of funds. HUD reviews the GPR and
evaluates whether the City has carried out its activities in accordance with
the City's 1990-93 Community Development Plan and federal requirements.
Staff recommends approval of the resolution. (Director of Community
Development)
10. RESOLUTION 164n APPROVING CONTRACT AND APPROPRIATING FUNDS FOR SERVICES OF
MARYANN MILLER FOR REPLACEMENT TIME OF ENVIRONMENTAL
REVIEW COORDINATOR DURING CONTINUED PROCESSING OF OTAY
RANCH PROJECT, AND AUTHORIZING TIiE MAYOR TO EXECUTE SAID
AGREEMENT - Contract for provision of Environmental Consulting Services
by Maryann Miller for an additional six months with a three month
extension and appropriation of funds. Staff recommends approval of the
resolution. (Director of Planning) 4/5th's vote required.
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Agenda -3- January 21, 1992
11. RESOLUTION 16473 APPROVING EXTENSION OF CONfRACT FOR PLANNING SERVICES FOR
WIUJAM F. HEITER FOR TIiE <JTY'S SIGN ABATEMENT PROGRAM AND
APPROPRIATING NECESSARY FUNDS 1HEREFOR - Mr. Heiter's original
contract and previous extensions have been based on the Department's best
estimate to complete the City's Sign Abatement Program. With 245 of 281
sites within Chula Vista proper and 39 of 107 illegal sites in Montgomery
now abated, we are confIdent that one fInal 3-month extension will allow
the Department to complete the project except for possible legal follow-up.
Staff recommends approval of the resolution. (Director of Planning)
4/5th'. vote required.
12. RESOLUTION 16474 MAKING DECLARATION REGARDING SURPLUS IN TIiE IMPROVEMENT
FUND FOR EASTLAKE ASSESSMENT DISTRICT 85-2 - The City has
conducted proceedings and completed construction of Assessment District
85-2 improvements pursuant to the terms and provisions of the Municipal
Improvement Act of 1913. Now that all improvements and payments of all
claims are completed, the City needs to dispose of the remaining surplus
in the fund in accordance with Section 10427.01 of the Streets and
Highways Code. Staff recommends approval of the resolution. (Director
of Public Works)
13. REPORT PARK DEVELOPMENT IMPACT FEE FOR APARTMENTS - Staff recommends
item be continued to meeting of 1128/92. (Director of Parks & Recreation)
14. REPORT BY TIiE CITY ENGINEER ON COST OF WORK FOR TIiE 1911 BLOCK ACT
- PHASES XIX THRU XXII CASH CONfRACT - On 12/11/90, Counci! held
a public hearing on the 1911 Block Act - Phases XIX thru XXII Cash
Contract and adopted Resolution 15979 making findings at the public
hearing pursuant to Chapter 27 of the "Improvement Act of 1911." Exhibit
B is a spreadsheet which was supplied to Counci! at the time of the public
hearing. The exhibit identifIes the parcels to be assessed by assessment
nUlnber, indicates the type of improvements to be constructed for the
parcel, and denotes for each parcel an estimate of: the total cost of the
improvement; the estimated City contribution towards the cost of the
improvements; and, the estimated property owners' costs for the
improvements. Of the 43 parcels shown on Map 90-4, one property owner
(Assessment No. 17) chose to install the improvements by private contract,
one property (Assessment No. 20) was removed from the district at the
request of the property owners and approval by Counci!. Improvements for
the remaining 41 parcels were installed under a construction contract. The
attached Engineer's report indicates the construction costs and quantities
for each of the remaining parcels as well as the City's contribution towards
the construction costs. Staff recommends acceptance of the report and
setting 2/11/92 as the date for the public hearing on the assessments to
be placed on the various parcels. (Director of Public Works)
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Agenda -4- January 21, 1992
15. REPORT PURCHASE OF FOUR TRANSIT BUSES - On 12/10/91, the City's
Purchasing Agent received bids on behalf of Scoot for four buses for the
Chula Vista Transit fleet. Four bids were received. The low bidder was
Sunset Bus and Commercial, Inc. distributor for Goshen Coach, Inc.,
Elkhart, Indiana, in the amount of $323,259.35, or a unit cost of
$80,814.84. Staff recommends acceptance of the bid and awarding a
contract to Sunset Bus and Commercial, Inc. for four buses to be
manufactured by Goshen Coach, Inc.. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as pub1ü: heoring.v as required by low. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Cùy C1erfc prior
to the meeting. (Complete the green form to speak in favor of the stoff recOTllTllJ!lldation; complete the pink form
to speak in opposition to the stoff~) Comments are limited to five minutes per indivüJuoL
16. PUBUC HEARING TO CONSIDER AMENDING TIiE MASTER FEE SCHEDULE TO ESTABUSH
FEES FOR SPE<JAL EVENTS (CONCERTS, CIRCUSES, CARNIVALS) TO
FULLY RECOVER STAFF COSTS - As necessary staff work and ratifIcation
of community groups is not completed, staff recommends item be
postponed and rescheduled for Public Hearing at a later date. (Director of
Finance)
17. PUBUC HEARING PCC-92-13, APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST
FOR MODIFICATION TO A CONDmONAL USE PERMIT FOR A THRIFT
STORE AT 741 BROADWAY - SKILL CENTERS OF AMERICA . The
appellant has requested modifIcation of an approved conditional use permit
to allow 7,000 square feet rather than 1,000 of floor area to be utilized for
clothing sales. The Planning Commission denied the request based on
inadequate on-site parking to accommodate the expected increase in
parking demand brought about by the proposed increase in clothing sales
area. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 16475 DENYING TIiE APPEAL OF PCC-92-13 OF. A REQUEST FOR
MODIFICATION TO A CONDmONAL USE PERMIT FOR A THRIFT STORE
AT 741 BROADWAY - SKILL CENTERS OF AMERICA
ORAL COMMUNICATIONS
This is an opportunity for the general pub1ü: to address the Cùy Counci/ on any subject matID within the Council's
jurisdú:tion that is not an iJem on this agenda. (SúJte low, however, generally prohibits the Cùy Council from
taking action on any issues not incbuJed on the posted agenda.) If you wish to address the Counci/ on such a
subjec~ please complete the yeUow "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the Cùy Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and foUow up action. Your time is limited to three minutes per speaJœr_
-..- "__'.__'_H
Agenda -5- January 21, 1992
ACTION ITEMS
The items listed in this section of the agenda art! expected to dicit substontioI discussions and ddiberations by the
Council, staff, or members of the general publû:. The items will be t:OtISÍdDf!d individutúly by the Coundl and stoff
reconunou1JJtions may in certain cases be presented in the aIJemative. Those who wish to speok, please fill out
a "Request to ~ fonn availoble in the lobby and submit it to the Cùy C1erfc prior to the meeting. Pub1ü:
comments art! limited to five mÎnlI1l1S.
18. RESOLUTION 16467 MAKING FINDINGS OF FACT RELATING TO TIiE FEASIBIUTY OF
MITIGATION MEASURES AND PROJECT ALTERNATIVES, ADOPTING A
MITIGATION MONITORING PROGRAM AND A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR TIiE PROPOSED MlDBAYFRONT
CONCEPTUAL DEVELOPMENT PLAN; "SUBCOMMITTEE
RECOMMENDATION" (ALTERNATIVE 8, WITH MINOR MODIFICATIONS) -
Staff recommends approval of the resolution. (Director of Community
Development) Continued from meeting of 1/14/92.
19. REPORT CHULA VISTA TRANSIT (CVT) ROUTE 703 OPERATION ON OLEANDER
AVENUE BETWEEN ORANGE AVENUE AND SEQUOIA STREET - This
report discusses concerns about CVT Route 703 operation on Oleander
Avenue between Orange Avenue and Sequoia Street expressed by certain
residents in the area. Staff recommends approval to retain the current 703
Route structure and a reduction of three evening trips, with the last
departure from the "H" Street Trolley Station at 9:15 p.m. (Director of
Public Works)
20. RESOLUTION 16383 AUTHORIZING TIiE INSTALLATION OF A PAINTED TRAFFIC MEDIAN ON
"E" STREET BETWEEN FIRST AVENUE AND SECOND AVENUE; AND,
ESTABUSHlNG A NO PARKING ZONE ALONG TIiE NORTH SIDE OF "E"
STREET BETWEEN SECOND AVENUE AND lHIRD AVENUE - Area
residents have requested the installation of a two-way left turn lane on the
200 block of "E" Street to improve traffIc flow and safety. Since "E" Street
was recently overlaid, staff would like to make striping changes to the 100
and 200 blocks of "E" Street. Staff recommends approval of the resolution,
(Director of Public Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the Cùy Coundl will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda -6- January 21, 1992
ITEMS PULLED FROM TIiE CONSENT CALENDAR
This is the tinæ the Cùy Council will discuss items which have been retnQVed from the Consent Calendar. Agenda
items puIkd at the request of the pub1ü: will be t:OIISÜlered prior to those puIkd by CounciJmembers. Pub1ü:
comments are Iinúted to jive minutes per individual
OTHER BUSINESS
21. Cl1Y MANAGER'S REPORTCS)
a. Scheduling of meetings.
22. MAYOR'S REPORTCS)
23. COUNCIL COMMENTS
Councilman Moore: Review of Counci! tickler me.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Counci! meeting to discuss:
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6.
Pending litigation pursuant to Government Code Section 54956.9 - Jones vs. City of Chula Vista.
Potential litigation pursuant to Government Code Section 54956.9 - Claim of Claudia Esquer.
The meeting will adjourn to (a closed session and thence to) the Regular City Counci! Meeting on January
28, 1992 at 6:00 p.m. in the City Counci! Chambers.
__........+. ._·~_..____.m'_.__·__·_.._.._··..__
January 17, 1992
TO: The Honorable Mayor and City Council
/
FROM: John D. Goss, City Manager/.-:::/
v
SUBJECT: City Council Meeting of January 21, 1992
-Transmitted herewith are the agenda and related materials for the regular City
Council meeting scheduled for January 21, 1992. Comments regarding the
Written Communications are as follows:
5a. This is a letter from Skill Center of America requesting refund of City
fees related to their conditional use permit. In order that the
nonprofit status of this organization can be determined, IT IS
RECOMMENDED THAT THIS ITEM BE REFERRED TO STAFF AND THAT A
RECOMMENDATION BE BROUGHT BACK TO COUNCIL AT A FUTURE MEETING.
5b. This is a letter from Frances Guest, 149 Twin Oaks Circle, regarding the
left turn lane on E Street. Item 20 on ton i ght' s agenda re 1 ates to the
restriping of this area and IT IS RECOMMENDED THAT THIS LETTER BE
CONSIDERED ALONG WITH THAT AGENDA ITEM.
JDG:mab
.
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January 13, 1992
The Honorable Mayor
and city Council of
The City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Council Members:
This letter is to respectfully request a refund for the amounts
listed below, paid by Skill Centers of America, a non-profit
organization in San Diego County. Amounts paid were:
$175.00 to the Zoning Administration for a conditional use
permit.
$280.00 to the Planning Commission for a Modification to the
Conditional Use Permit.
$140.00 to the Planning Department for an Appeal to City
Council.
The above amounts were paid in regards to a conditional use permit
and modification PCC-92-13, an item that will be going on the city
Council calendar on January 21st.
Should you need any further information, please do not hesitate to
contact me at (619) 286-6001-
Si~cerely, R5
M)¿~ ?¡;J RECEIVED
Deborah M. Johnson
Executive Administrator
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,.:'jt; ;',c' ï:~;¡'~··~>~ I¡o1~_' ._~
vi ,," ïi' r, t'..:",1c ,~, ' "':tì,," ,,,"", . ·.._~i'" ·i~. 'I"~ '. A
~~ r . ' :u '..;1 ,;.,: "'-: .,'~:~: :'~ ~'f"~d. ~U', 1/1(;"" "~" ., '\:~ ''''~~, ~ J;1Y~' " _'
~ ~ ~ ~ O-~"'". \ t Givu man anoh. feed him for. day. +,-Il ð\ r;;-tc\
e 'Teach him to fish, feed. him for life.
4160 Cartagena Drive, San Diego, CA 92115. Fax (619) 286-3973" (619) 286·6001
..5£.}
, - - --- - - -- .. -- - - - -- - - - - -- -- - - ..- - - --
~-___v
RECE~\I~~D , 149 Twin Oaks Circle
V/--l. Chula Vif'ta, Ca. 91910
;J 1 -<;8 10 Jan. 1992
W. JAN 14 ' ~-' ",
r ,-
~1;8¡y;s;t8,;&i ty CounCìr"'-' ~~-..-,,-- --
rFo:ur.tll_ ¡,;V~ .
'la'Vil"ta, 'C8. 91910 I
I
,
Memberf' of the Council: Re: Continuation of the left turn lane
from Third Ave. to Second Ave. on
E l"t.
Laf't f'ummer with the work onE l"t.completed and the l"treet rel"urfaced
seemed a good time for Twin Oaks Circle residents to again ask
for the left turn lane from §rd St. to 2nd. St. be extended to include
the turn into Twin Oaks Circle.
Sept. 12 The Safety Commission considered the thorough study the
Engineeriñg Dept had made and recommended the change. However,
the block from Fir8t to Second St. was added to the original request.
The inclusion of no parkin~ on the north side of E was met with
objections from the rel"identl" of the 100 block of E. No objectiosn
from rel"identl" or bUl"inel"l" in the 2 hundred block of E were made.
Rel"identl" were notified of the Oct. 2;> meeting. Several rel"idents
of Twin Oakf1" Circle ~telephoned their approvial or were present
2t the ,meeting. Decil"ion wal" pOl"poned until the November meeting
of the Council. Rel"identl" would be notified.
The Nov. Council meeting wal" a replay of the Oct. Meeting. Residents
were present. Council mpmber Gral"l"er Horton suggel"ted the matter
be pOf'poned until Dec. Meeting, for "more information". The one
hundred block of E f't. hal" problems with a ~ourve and dip that do not
apply to the 2 hundred block of Est. E st. is a connector l"treet
for R#5 and R#805. It waf' suggel"ted that the original requel"t be
granted - 3rd to 2nd st, since two thirds of the street was already
l"0 lined.
December meeting - No notification of the subject..
Janurary meeting - Ditto
I'm sure there are more important problem beforethe Council than
a the leftturn lane al" a safety meal"ure - or so considered by the
rel"idents of Twin Oakl" Circle. The suggel"tion is made that the
matter be l"ettled im favor of the original requel"t,and the 1st.
to 2nd be deferred until a later date. Both block would be satil"fied.
I think residentl", tax payerl" and voters, are entitled to the courtesy
of "n anl"werffram'the"Couf.1èil which has had five months to reach
" decil"ion.
Very truly yourl"
'7-.1[ cr~.-c:. U<1 (1/ /i~?lr
Francel" W. Guef't . j
CCi ~~~ ('I) WJ11~EN COMMUNICA TJONS
02-,.~ .~),/~
A 0;) :l~ "
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--,.---.. --..------"
COUNCIL AGENDA STATEMENT
Item "
Meetinq Date Januarv 21. 1991
ITEM TITLE: Resolution ~,.¡," Amending the 1990-91
Legislative Program and Adopting a Legislative Work
Program for 1992.
SUBMITTED BY: Assistant city Manage~
REVIEWED BY: City Manager~ (4/sths Vote: Yes___ No~)
The Legislative Program wat!provided for in the Orqanization and
Procedures on Leqislative matters affectinq the citv of Chula vista
adopted as Council Policy in January 1987. The purpose of the
Legislative Program is to identify and adopt position statements
regarding a variety of issues which reflect the policy and
direction of the Councill Agency. This action sets guidelines which
permit staff to make timely responses consistent with Council's
desires to sponsor, support or oppose bills during the legislative
process. Historically, the program has been reviewed at the
beginning of each 2-year legislative session and amended as
necessary at the midpoint of the session.
This report proposes amendments to the Legislative Program to
reflect issues and address concerns raised during the first half of
the 1991-92 Legislative session. In addition, a work program for
1992 has been formulated to guide staff and our legislative
consultant throughout the session. The list of projects was
developed after a series of meetings with departments and
Councilmembers.
RECOMMENDATION: That the city Council adopt the proposed
amendments to the Legislative Program and adopt the Work Program
authorizing staff and the Legislative Committee to implement these
programs.
BOARD/COMMISSION RECOMMENDATION: This report has been reviewed by
the Legislative Committee and reflects their comments as well as
input from the department heads.
DISCUSSION:
Leqislative Proqram
As adopted, the Legislative Program for the city of Chula vista is
divided into two categories. Category I represents those items
"which can be acted upon directly by staff with concurrence of the
Legislative Committee" with Category II consisting of legislative
items "which require formal Council action". Component areas
include:
~-J
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Item ~
Meeting Date Januarv 21. 1991
A. Bayfront/Redevelopment
B. Fiscal Support/Home Rule
C. General Government
D. Housing and Community Development
E. Land Use Planning
F. Environmental Protection
G. Public Employer/Employee Relations
H. Public Liability
1. Public Safety
J. Transportation
K. Recreation
A number of amendments are proposed to update the City's
Legislative Program. The attached copy denotes additions by
underline. Two items were deleted from section I as they have been
incorporated into chaptered legislation:
1. "Support efforts to implement an area recycling program
aimed at diverting."
2. "Support efforts to require all motorcyclists to wear
safety helmets."
Noteworthy are additions made to Environmental Protection (Section
I) which include focuses on recycling, water conservation, open
space conservation, household hazardous waste, and waste water
management. with the addition, this past year, of an Environmental
Resource Manager and a Conservation Coordinator, staff has
significantly expanded its corporate knowledge with regard to
Environmental Protection issues; the new additions to this section
reflect their input and recommendations. Under Section LB.
(Fiscal Support - Home Rule), item ~ cites specific support for
efforts to gain statutory authorization to recover administrative
costs associated with the impounding of vehicles not covered under
the Vehicle Abatement Program. Additionally, a new section,
Recreation, has been added to section I addressing the need for
expanded programming involving childcare, cultural arts and drug
and gang prevention.
Under section II (items requiring formal Council action) , an
addition has been made to the Environmental Protection section
which includes conditional support for efforts to establish a
Special Act District for regional administration of the San Diego
Metropolitan Waste Water Treatment System.
Work Proaram
In an effort to maximize our resources and impact at the State
level, the attached work program has been developed to guide staff
and our legislative consultant. This document is the result of
several meetings with departments, councilmembers, and our
legislative consultant. It serves several purposes: a) as a work
plan for staff and the legislative consultant; b) narrows the scope
~.~
-...--..."---- .··_._,__~___..__,,__..'.n'._".·.._._·.
Item "-
Meeting Date Januarv 21. 1991
of the legislative arena to specific issues of concern to Chula
vista; and, c) serves as a valuable tool for setting the city's
agenda and evaluating our lobbying efforts in the state legislative
process.
The proposed work program is divided by department and priority.
Included is a description of each request and recommended
action/legislation. The priority assigned to projects is based on
the following criteria:
1. Urgency (i.e., significant cost or need)
2. Timing/political climate in Sacramento
3. Feasibility
Although priorities have been set, the Work Program should not be
considered a st3tic document. It will be reviewed by staff and the
Legislative Committee and amended throughout the year to take
advantage of the legislative agendas at the local and state level.
It is staff's intent to update the Work Program as needed and
provide Council with a quarterly status report on progress.
FISCAL IMPACT: Although adoption of the legislative program and
work program does not result in any cost to the City, the contract
with Advocation, Inc., as amended, constitutes an annual cost of
$72,000 inclusive of the $60,000 base contract and an encumbrance
for reimbursable expenses.
B:\(Al13)\LEGISLAT.PRO
"-3/¿-¿J
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RESOLUTION NO. I"'I¡'V
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE 1990-91 LEGISLATIVE
PROGRAM AND ADOPTING A LEGISLATIVE WORK
PROGRAM FOR 1992.
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, in February, 1990, the city Council adopted its
1990-91 Legislative Program in order to set forth the guidelines
for reviewing and establishing a City position related to State and
Federal legislation and policies, and
WHEREAS, amendments to the legislative program to reflect
issues and address concerns raised during the first half of the
1991-92 legislative session are contained in Exhibit "A", attached
hereto and incorporated herein by reference as if set forth in
full, and
WHEREAS, as a result of meetings between City staff,
Advocation, Inc. and members of the City Council in November 1991,
a Legislative Work Program, attached hereto as Exhibit "B", was
developed for 1992 to guide the work of staff and Advocation, Inc.
regarding issues of immediate concern, and
WHEREAS, Exhibits "A" and "B" have been reviewed by the
Legislative Committee and reflect their comments as well as input
from the city Council and department heads.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby amend the 1990-91 Legislative
Program as set forth in Exhibit "A".
BE IT FURTHER RESOLVED that the city Council does hereby
adopt the 1992 Legislative Work Program as set forth in Exhibit
liB".
BE IT FURTHER RESOLVED that e Legislative
Committee are hereby authorized to imp programs.
Presented by
sid Morris, Assistant city ruce Boogaard
Manager City Attorney
ß,\(Al13)\LEG1SIAT,PRO
" -S'
- - -.-.-.-..-----....---"--.-....--.-----.-..
1992 LEGISLATIVE PROGRAM EXHIBIT "A"
1. LEGISLATION WHICH CAN BE ACTED UPON DIRECTLY BY STAFF WITH CONCURRENCE OF
LEGISLATIVE COMMITTEE
A. Bayfront - Redevelopment
l. Support legislation adjusting Redevelopment Agency members pay
(more than $30 per meeting, up to 4 times per month)
2. Support Coordination of Federal Coasta 1 Zone Management Act,
Environmental Protection Agency (EPA) regulations and State
Coastal Zone Act, in an effort to eliminate duplicate efforts
3. Oppose efforts to further control tax increments in
redevelopment projects
4. Seek Port District-State Lands Commission reorganization of
tidelands boundaries in cooperation with Rohr and Chula Vi sta
Investors in an effort to make better use of land available for
development
5. Request to provide addit i ona 1 funding for the Nature
Interpretive Center (NIC) exhibits in Environmental License
Plate (ELP) Fund.
6. Oppose efforts to reduce the number of San Diego Unified Port
District Commissioners and/or require commissioners to be
elected members of the City Council which they represent
7. Support efforts which provide funding for urban waterfront
restoration projects and the enhancement of the waterfront
within the southern San Diego Bay
8. Oppose efforts to discontinue the State supplemental subvention
for redevelopment agencies.
9. Support efforts to amend the State Community Development law so
as to allow a jurisdiction to combine tax increment from all
projects for use in a specific project.
10. Suooort efforts to enhance business attraction and retention
(Governor's ProQram of Comoetitivenessl.
B. Fiscal Support - Home Rule
1. Suooort efforts which:
a. Permit retention and control by 1 oca 1 governments of a
greater portion of revenue generated by Federal, State, and
1 oca 1 taxes.
b. Require the Federal government and State to reimburse local
governments for all mandated cost or regulatory actions.
c. Retain maximum flexibility in the administration of Article
XIIIB (the Gann Initiative)
WPC 3802A -1-
'-7
..-.......-...-,.. .---------~--~-~."-_..._,--_.,..~
d. Encourage efforts to expand local autonomy or the home rule
authority to govern municipal affairs.
e. Enhance the qual ity of urban 1 ife by funding the creation,
improvement, or expansion of parks, libraries and community
services.
f. Oppose efforts to restrict or allocate the use of Transient
Occupancy Tax revenues.
g. Oppose efforts to exempt residential users from the Utility
Users' Tax.
h. Oppose efforts to reallocate fines and forfeitures
i. Oppose efforts which repeal Gas Tax exempt ion for 1 oca 1
agencies
j. Support legislation which provides state/federal funding
for construction or renovation of public buildings such as
community centers, libraries, civic center, etc.
k. Support efforts to expand the sales tax base to include
mail order sales and home shopping sources
l. Oppose efforts to reallocate sales and property tax revenue
m... Provide that cities can issue qeneral obl iqation debt with
a maioritv vote instead of the current 2/3 vote requirement.
n... Suooort efforts to oermit cities and counties to recover
administrative costs from owners of imoounded vehicles uoon
oavment of towinq and storaqe charqes.
C. General Government
1. Oppose efforts to impose greater restrictions on local
government through amendment of the Brown Act
2. Oppose efforts to mandate district elections in all c it i es
and/or school districts
3. Support legislation to eliminate the State's requirement which
mandates Project Commi ttee and/or Boards & Commi ss ions members
to complete a financial disclosure statement
4. Support efforts to free the sample ballot of campa i gn rhetori c
and distortion
5. Support efforts to return the "positive purge" method of
removing excess names from the voter registration roles
6. Support efforts to 1 imit to 1% the amount of administrative
costs the Board of Equal i zat i on may charge to admi ni ster 1 oca 1
sales taxes such as San Diego's 1/2 cent sales taxes for
transportation and justice facility construction.
7. Oppose 1 egi sl ation which would 1 imit franchise fees/taxes
imposed on cable television operators and utilities.
WPC 3802A -2-
~.~
....-.----.---..----.-..- ~_._,--"".-
D. Housing & Community Development
1. Support efforts which exclude redevelopment agencies from
competitive bidding statutes and fair market value restrictions
for resale of public properties to permit joint development of
publ ic hcil ities by private developers upon findings of publ ic
benefit.
2. Oppose efforts which grant the State or Federal government
approval or veto authority in the implementation of local
redevelopment and rehabilitation projects.
3. Oppose efforts to prohibit any state agency from making
subventions, financing, insurance or any other kind of
assistance, available to any city or county which has in effect
any rent control measure.
!.. Suooort extension of the fo 11 owi na three Federa 1 low-Income
Housina Proarams:
i... Mortaaae Credit Certificate Proaram for low/moderate income
home buvers:
!L.. Tax Credits for low income housina oroarams:and
h Continued fundina for HUD HOME and HOPE Proarams.
~ Suooort chanae in Federal banki na reaul at ions to exemot banks
from havi na to count financina or letters of Credit for low
income housina in their risk caoital limit calculations.
E. land Use Planning
1. Support efforts which:
a. Strengthen local government's powers and capacity to
prepare, adopt and impl ement fi sca 1 pl ans and programs for
orderly growth, development, beautification, and
conservation of their planning areas.
b. Encourage efforts which are consistent with the doctrine of
"home rule" and the local exercise of police powers,
through the planning and zoning processes, over local 1 and
use.
c. Support efforts wh i ch expand the land use, conservation,
and growth management pol icies of municipalities to the
unincorporated territories within their spheres of
i nfl uence.
d. Broaden 1 oca 1 government's power to requ i re developers and
subdividers to provide the on-site and off-site facil ities
and infrastructure needed by their projects.
WPC 3802A -3-
G,-'
.. -_..__._~-----,.--,~_.._-_._._..._..'--"
e. Maximize the authority of the City to exercise loc,a 1
Control over general plan decisions.
£.. Reauire soecial districts to adoot facility master olans
which are consistent with City and County aeneral olans and
arowth manaaement Droarams. and to adoDt five vear caDital
imDrovement Droarams and financina D lans which are
consistent with their facility master clans.,
2. Oppose efforts which abridge 1 oca 1 government's abil ity to
effectively plan, or regulate 1 oca 1 land use including
amendments to the laws governing the local agency formation
(lAFCO). Specifically toward legislation which would
financially overburden 1 oca 1 governments duri ng the course of
their efforts to amend planning pol icy, regulate land use
through removal of i ncompat i b 1 e developments, redevelop bl ight
areas, or annex territories which are within the spheres of
influence.
3. Oppose efforts to site a regional or bi-national airport in the
Otay Mesa area.
F. Environmental Protection
1. Support efforts to requi re an envi ronmenta 1 impact report (ErR)
for large projects/utility mergers.
£.. SUDDort efforts to obtain fundina for wetlands and riDarian
habitat acauisition and restoration. and fundina for acauisition
of land needed for multi-sDecies habitat conservation Dlannina.
h SUDDort efforts ta fund Dlannina and land acauisition for
Natural Communi tv Conservation Dlans created bv AB 2172 (Kellev).
L. SUDcort efforts to obtain fundina for a comDrehensive
environmental manaaement Dlannina effart far San Dieao Bav.
§... SUDDort measures Droh i bit i na the arant i na of new 1 eases for 0 i 1
and aas develoDment in state-owned coastal waters off of San
Dieao Countv.
§... SUDDort efforts which encouraae the installation of water
conservina fixtures in existina residences and businesses.
L. SUDDort efforts to obtain fundina for water conservation to
include the construction of reclaimed water distribution
svstems . and fixture and irriaation system renovation and
retrofi t.
!L. SUDDort leaislation that will develoD an onaoina. reliable
statewide fundina source to acauire. develoD and/or maintain
ODen SDace. areenbelts. rivers. streams and trails.
WPC 3802A -4-
¿'-Ifi
,_..,,-~._- _.---_.._....__._-~-_._-_.._. .-- "
2... SUDDort efforts to eXDand and utilize existina landfills in the
countv.
10. SUDDort efforts whi ch encouraae Dost-consumer recvcl ed Droducts
use in manufacturina. residential and business aDDlications
throuah incentives. educations. Dromotions. etc.
lL. SUDDort truth in labelina efforts which identifv a Droduct's
reaional recvclabilitv. and its Dost-consumer recvcled content.
ll... SUDDort efforts which reauire "di SDosa 1 warnina" 1 abel ina on
household hazardous materials. which reduce the use of toxic
materials. and which Dromote nontoxi c alternatives to Dresent
materials.
G. Public Employer-Employee Relations
1. Support efforts to protect the rights of City's to establish
cond it ions of employment, including hours, wages, employee
benefits, the meet and confer process, appeal procedures, and
management rights.
2. Oppose efforts which:
a. Impose restrictions on the SCDpe and authority of charter
cities to control their own health plans or retirement
systems.
b. Mandate the inclusion of local government employees in the
Social Security System and/or Medicare.
c. Increase workers' compensat i on benefits wi thout al so maki ng
needed reforms.
d. Mandate changes, impose 1 imitations, and/or other benefit
plans, wages, hours, or working conditions which are
properly determined through the meet and confer process.
e. Mandate mental health coverage in group health insurance
plans
f. Reduce 1 oca 1 control over public employee disputes and
impose regulations of an outside agency (such as PERS).
g. Prohibit an employer from testing an employee or applicant
for employment for illegal substances.
1.. SUDDort efforts to reform Cal ifornia Workers' ComDensation
Proaram to reduce Dublic costs and tiahten restrictions.
H. Public Liability
1. Support efforts to change the 1 ega 1 pri nci pa 1 of "joint and
severa 1 liability" to protect, the City against "deep pocket"
1 i abil ity
WPC 3802A -5-
41"11
._._,,__,,_..".,.._..,"..,_.__.,_____.._______.~_.. _m
2. Support efforts to reinforce pub 1 i c entity design and
discretionary act immunity
3. Oppose efforts to further erode government toward immunity.
4. Support legislation which would prohibit recovery by a plaintiff
for injury where those injuries were caused as a result of
avoiding a police pursuit.
1. Public Safety
1. Encourage efforts to strengthen local law enforcement.
a. Support efforts that strengthen present State or Federal
laws which give local governments the power to further
restrict or regulate prostitution.
b. Support legi sl ation that increases penalties for the
manufacture of sale for profi t and/or dangerous drugs
including but not 1 i mited to PCP, methamphetamine and
narcotics.
c. Support legislation that requires 1 ife sentences for
dealers of deadly drugs and repeat offenders related to
sale for profit and/or dangerous drugs.
d. Support 1 egi slat ion which prohibits the sale and
brandishing of replica or facsimile firearms.
e. Support legislation to toughen drunk driving laws.
f. Support legislation which requires notification be given to
local law enforcement prior to the release of a prisoner in
that County/City.
g. Support legislation which strengthens the City's ability to
regulate the public display of material which is harmful to
minors.
h. Oppose 1 egi slat ion which would preempt local ordinances
concerning Fetal Alcohol Syndrome.
i. Support legislation which increases drunk driving penalties
and enhancements.
j. Support legislation which provides a penalty of 1 ife
imprisonment for individual s convicted of sell ing deadly
drugs for profit
k. Support legislation which would permit forfeiture of all
assets of drug dealers which would then be committed to
drug enforcement programs.
WPC 3802A -6-
, -JJ.
'__.__n_ ____ __ _~.___..,_______,_~___. -.----.
J. Transportation
l. Support clean-up legislation related to transportation funding.
2. Support efforts to provide funding which would complete missing
links on interstates; emphasis on SR 125
3. Support efforts to fund transportation
K.. Recreation
L. SUDDort leQislation that will allow for State/F edera 1 fundinQ
for Citv arts DrOQrams.
£.. SUDDort leQislation which Drovides for State/Federal fundinQ for
Child Care DrOQrams.
1.. SUDDort leQislation which Drovides for State/Federal fundinQ for
QanQ Drevention and diversion in communi tv-based recreation
settinQ.
!.. SUDDort leQislation which Drovides for State/Federal fundinQ for
DruQ Prevention and Intervention DrOQrams in communi tv-based
recreation settinQs.
II. LEGISLATIVE ITEMS REQUIRING FORMAL COUNCIL ACTION
A. Bayfront-Redevelopment
1. Support consolidate control and admi ni strat i on of envi ronmenta 1
regulations and enforcement; presently in Dept. of Interior;
Corps of Engineers; Dept. of Commerce; (NOOA); Environmental
Protection Agency (EPA)
B. Environmental Protection
1. Support efforts which:
a. Approve the coordination of State, Federal and local agency
responses to air quality control, energy, and environmental
protection.
b. Seek funds for facilities to capture and treat the flow of
raw sewage entering San Diego from Tijuana
c. Encourage development of environmentally sound techniques
for treating hazardous waste to reduce its volume and
eliminate any toxicity
d. Provide funding to study the water quality-toxic pollution
in San Diego Bay
WPC 3802A -7-
¿-J3
-- ---. --------.~-~~._----~-----
e. Encourage development of water resources facil ities and
make improvements to the delta
f. Obtain financial assistance at the federa 1 level to
construct new and upgrade existing secondary treatment
facilities in San Diego County
fL. Form a SDecial Act District. cons i stent wi th established
Counc il direction and Dol icv. for reqional administration
of the San Dieqo MetroDolitan Waste Water Treatment Svstem.
C. General Government
1. Support efforts to fund school facility construction programs.
2. Support efforts to clarify the authority of school districts to
impose hcil ities fees establ ished by CH 887, Statutes of 1986
(AB 2926).
D. Housing and Community Development
1. Support efforts to:
a. Develop Federal and State participation and financial
support for creative programs to provide adequate housing
for the elderly, handicapped, and low-income persons
throughout the community
b. Maintain and create tax incentives for private
revitalization of existing commercial, i ndustri a 1 and
housing resources where such assistance benefits the City
E. Public Safety
1. Oppose efforts to:
a. Change/remove date and/or shift, to the employer, the
burden of proof related to firefighter cancer presumption
b. Shift to the employer, the burden of proof related to
Public Safety Aids presumption
c. Support legislation to fund the removal of abandoned
vehicles
d. Establish an abandoned vehicle program all owi ng the
immediate removal by the City of junk/abandoned vehicles
WPC 3802A -8-
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-
CITY COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE 1/21/92
.
ITEM TITLE: ResolutionJ'-~prOVing Amendments to FY 1990-91 Through
1992-93 Memorandum of Understanding with the Chula Vista
Employees Association and to FY 1991-92 Through 1992-93
Memorandum of Understanding With Western Council of Engineers,
and Authorizing the Replacement of Three John Hancock Health
- Insurance Plans With Three H~ Net Plans
SUBMITTED BY: Deputy City Manager Thomson 1//
v
REVIEWED BY: City Manager~ (4/5ths Vote: No-X- Yes:___)
During the course of the current multi-year Memoranda of Understanding (MOU) .
between the City and its employee associations, the escalating cost of health
insurance has raised issues related to health insurance plans and flex plan
benef its. More specifi ca lly, John Hancock increased their premiums for the
City's three John Hancock health insurance plans by 50% in January 1992, compared
to a 5% - 6% increase in the City's three Kaiser health insurance plans.
After consulting with the City's Health Insurance Committee and meeting and
__conferring with the City's four employee associations, staff recommends that the
City retain its current three Kaiser health insurance plans and replace the three
John Hancock health insurance plans with three Health Net plans. The addition
of all three Health Net plans is contingent, however, upon ratification of
amendments to the City's multi-year MOU's with the Chula Vista Employees
Association (CVEA) and the Western Council of Engineers (WCE). Those employee
associations are scheduled to have completed ratification votes by the start of
the January 21 Council meeting. The recommendation below is contingent on both
employee associations ratifying the amendments to their respective MOU's. If
either association does not ratify its MOU amendment, staff will provide an
alternative recommendation to Council for discussion in Closed Session on January
21.
RECOMMENDATION: That Council adopt the resolution:
1. Approving First Amendment to FY 1990-91 through FY 1992-93 MOU with
CVEA.
2. Approving First Amendment to FY 1991-92 and 1992-93 MOU with WCE.
3. Approving the renewal of the City's three Kaiser health insurance
plans and the replacement of the John Hancock health insurance plans
with three Health Net plans by:
- Authorizing the City Manager to terminate the John Hancock
health insurance service agreement effect ive February 29,
1992.
-~ ?-I
--,--.-- - .....-.--~--_._~----....- .
- Authorizing the City Manager to execute a service agreement
with Health Net for three health insurance plans (Indemnity,
. -,..- HMO and EPO) to be effective March 1, 1992.
- Author i zing the City Manager to execute a renewa 1 of the
service agreement with Kaiser for the existing three health
insurance plans.
BOARD/COMMISSION RECOMMENDATIONS: Not applicable.
DISCUSSION:
A summary description of the three Health Net health insurance plans (Indemnity,
HMO, and EPO) is attached. Also attached are more detailed benefits comparisons
for the three existing Kaiser plans as well as for the three Health Net plans.
A chart summarizing the 1991 and 1992 monthly rates for the John Hancock, Health
Net, and Kaiser plans is also attached.
--
Normally, MOU's and amendments to MOU's are not placed on the City Council Agenda
for approval until after the employee associations have formally ratified the MOU
or amendment. In this case, however, the process is being expedited in order to
change health insurance plans on March I, 1992 and still provide adequate time
for an open enrollment period for employees to review information on alternative
health insurance plans, schedule meetings at which employees can ask questions
regarding the health insurance plans and complete the enrollment process prior
to March 1. Since the MOU amendments with CVEA and WCE will not have both been
ratified by those associations prior to the Council packet being distributed on
January 17, the recommended MOU Amendments are provided to the Council separately
as confidential items. It is standard practice to keep the results of labor
negotiations confidential until such employee ratification votes are completed.
FISCAL IMPACT: The cost of the amendments to the MOU's with CVEA and WCE is
_ within the guidelines authorized by the City Council. A separate appropriating
resolution will be submitted to Council when benefit costs for all employees have
been determined.
A:HIA113
H
7";' ..
-+-..."<0--- .___......____
RESOLUTION NO. I'"''
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO FY 1990-91
THROUGH 1992-93 MEMORANDUM OF UNDERSTANDING
WITH THE CHULA VISTA EMPLOYEES ASSOCIATION AND
TO FY 1991-92 THROUGH 1992-93 MEMORANDUM OF
UNDERSTANDING WITH WESTERN COUNCIL OF
ENGINEERS, AND AUTHORIZING THE REPLACEMENT OF
THREE JOHN HANCOCK HEALTH INSURANCE PLANS WITH
THREE HEALTH NET PLANS
WHEREAS, the city and its represented employees have
engaged in negotiations regarding the costs of health plans and the
City's participation therein and reached agreement regarding mid-
term amendments to the affected MOU's; and
WHEREAS, the increased cost of the John Hancock Indemnity
Plan to the City and its employees makes it desirable for the City
to exercise its authority to terminate said Plan effective February
29, 1992; and
WHEREAS, it is desirable for the Council to approve the
contracts for the health plan providers for calendar year 1992.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby resolve as follows:
1. The City Manager is hereby directed to give John
Hancock notice of termination of its agreement with the city to
provide health plans for city employees, effective February 29,
1992, in accordance with the notice provisions of said agreement.
2. The agreements with The Kaiser Foundation Health
Plan, Inc. for three health plans (4253-01, 4253-02 and 5253-00),
effective January 1, 1992 are approved; and the agreements with
Health Net. (Indemnity, HMO and EPO Plans effective March 1, 1992)
are approved. The city Manager is authorized to execute same when
received from the health care providers, on the condition that the
terms and conditions and rates of said agreements are substantially
the same as those previously presented by those providers during
negotiations with the City's represented employees.
3. The First Amendment to FY 1990-91 through FY 1992-93
MOU between the city and Chula vista Employees Association (CVEA)
and the First Amendment to FY 1991-92 and 1992-93 MOU between the
City and the Western Council of Engineers (WCE), copies of which
are on file with the city Clerk, making mid-term amendments
regarding City participation in employee health care costs, are
hereby approved.
7-3
. - -_._--_......_-,~_.~----_.._.- ..
Presented by Approved as to form by
~R-
James A. Thomson, Deputy City D. R~chard Rudol ,
Manager City Attorney
c: \RS\beaItb insurance
?-ý
_____~·________.____.·___·_..__·.·_.m____
HEALTH INSURANCE PLAN COST COMPARISON
-.----
1991 1992 $$ /MO
MO RATE MO RATE INCR
Kaiser- CVEA
Empl 119.97 126.18 6.21
Empl+1 239.94 252.36 12.42
Empl+Fam 339.76 357.35 17.59
Kaiser- IAFF/Mgmt
Empl 123.59 130.53 6.94
....Empl+1 247.18 261.06 13.88
Empl+Fam 350.01 369.67 19.66
Kaiser- POA!WCE
Empl 127.08 133.45 6.37
Empl+1 254.16 266.90 12.74
Empl+Fam 359.89 377.90 18.01
Hancock- High
Empl 165.00 247.50 82.50
Empl+1 330.00 495.00 165.00
Empl+Fam 467.00 700.50 233.50
Hancock- Select
Empl 158.00 237.00 79.00 .
_..Empl+1 316.00 474.00 158.00
Empl+Fam 447.00 670.50 223.50
Hancock- Low
Empl 125.00 187.50 62.50
Emp 1+ 1 250.00 375.00 125.00
Empl+Fam 354.00 531.00 177.00
HealthNet- Indem
Empl 260.15
Empl+1 520.30
Empl+Fam 754.44
HealthNet- EPO
Empl 133.35
- --Empl+1 266.70
Empl+Fam 386. 72
Hea lthNet- HMO
Empl 146.42
Empl+1 293.04
Empl+Fam 424.91
?..f
.----
.-...."----~..-_._---_..-...._.__._._-_.- ---..,"-,.--
Health Net Plan Descriptions
Health Net E.P.O. (Exclusive Provider Organization)
The Health Net E.P.O. is a plan that provides 100% major medical
and hospital care with no out-of-pocket costs to the insured. This
is a customized Health Net plan that was negotiated between the
city, Health Net and the San Diego Hospital Association in
conjunction with the $1 million Service Agreement with Community
Hospital. The co-payments normally found in this plan will be
written off against the Service Agreement. This plan closely
resembles the John Hancock Select Plan. Providers include Sharp
Rees Stealy Medical Groups, Community Hospital, Sharp Memorial
Hospital, Sharp Cabrillo Hospital and Grossmont Hospital.
Health Net H.M.O. (Health Maintenance Organization)
The Health Net H.M.O. is a plan that covers hospital services at
100% and physician services at 100% after a $5.00 co-payment. The
physician provider network is larger than the E.P.O. and all the
major hospitals in San Diego County are included in the Health Net
network.
Health Net Indemnitv(Flex Net)
The Flex Net plan is an indemnity plan that pays 80% of usual,
customary and reasonable charges after a $500 calendar year
deductible. This plan allows insureds to select any physician or
hospital. It most closely resembles the John Hancock High option
Plan.
'7-1,
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COUNCIL AGENDA STATEMENT
Item L
MPf'liTlg Date 01/21/92
ITEM TITLE . Resolution 16 "7" Approving an agreement with the San
.
Diego Abandoned Vehicle Abatement Service Authority.
SUBMITTED BY : Polire c>,,,rtl--, i
Director of Building and Housing (;1--
/,
REVIEWED BY : City Manager(~ (4/5ths Vote: Yes_No.x)
Pursuant to AB 4114, the City of Chula Vista passed a Resolution endorsing the establishment
of a San Diego County Abandoned Vehicle Abatement (A V A) Service Authority on October 22,
1991. Similar resolutions were passed by a majority of the county's cities. The Resolution
before you today approves an agreement between the City of Chula Vista and the San Diego
County A V A Service Authority. The agreement provides for reimbursement to the General
Fund for expenditures related to the City's existing abandoned vehicle abatement program. Such
reimbursements will be made pursuant to the A V A Service Authority's Program and Plan.
RECOMMENDATION: Approve the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Section 22710 of the 1991 California Vehicle Code provides for the formation of A V A Service
Authorities upon the concurrence of a majority of cities with a majority of the incorporated
population in a county. The concurrence threshold has been met in San Diego County and the
San Diego County A V A is now seeking to implement its program. Reimbursements made to
Chula Vista via the A V A's Program and Plan should total approximately $102,000 annually and
are based on population-based pro rata share methodology. The A V A is funded by a $1.00
motor vehicle registration fee specifically for abandoned vehicle abatement. The A V A will in
no way determine the content of, or interfere with, the City of Chula Vista's current abandoned
vehicle abatement program.
Staff placed conditions, which are met in the Program and Plan dated September 9, 1991,
in Chula Vista's Resolution endorsing the establishment of San Diego's A V A including:
1. That any excess reimbursement funds accrued by Chula Vista shall remain in the City's
account and roll over year-to-year, not returned to a county-wide pool.
8"-1
__ _ _,__<____________________n_______
Item -
MeWngDate 01121/92
2. That the A V A shall not mandate a level of abatement services that is beyond the level
currently being provided by the Building and Housing and Police departments.
3. That in the 'event that the proceeds are distributed, in whole or in part, on the basis of
impound activity within a given political or geographic boundary, that reimbursement to
Chula Vista shall be allowed for: a) vehicles impounded for violation of the City's 72
hour parking regulations or any other type of parking violations; or, b) for costs related
to any vehicles abated from private property.
4. That in the event that reimbursement is conditioned on impound activity verification, the
City of Chula Vista shall be entitled to reimbursement for staffing and equipment
expenditures related thereto.
The attached agreement, which is quite brief, is consistent with the Program and Plan dated
September 9, 1991, and has been approved as to form by the City Attorney. The agreement
provides for the following: submission by the City of required reports, reimbursement of
abandoned vehicle abatement program expenses, term of the agreement, and for the A V A to
inspect the City's abandoned vehicle abatement records.
FISCAL IMPACT: Approximately $102,000 in reimbursement revenue annually, to be
paid quarterly, upon Program implementation. Program is
scheduled to be implemented in the third quarter of FY 1992.
g'~~
-----~--~_._,----.._._~._--_...._--,-
RESOLUTION NO. I~~ "6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE
AUTHORITY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, in October, 1991, the City of Chula vista
passed, as did most of the cities with a majority of the
incorporated population in the county, a resolution creating the
San Diego County Abandoned Vehicle Service Authority (AVA); and
WHEREAS, an agreement providing for reimbursement to the
City for expenditures related to the abatement of abandoned
vehicles pursuant to the AVA Program and Plan needs to be approved
by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an agreement with the
San Diego Abandoned Vehicle Service Authority, a copy of which is
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by by
Richard Emerson, Chief of Bruce M.
Police Attorney
C:\RS\A V A Agreement
¡;.:J /'1'"
.---........-- -- ---_.~-_._-- -~.-
1 AGREEMENT FOR FUNDING
2
3
4
5
6 BETWEEN THE CITY OF CHULA VISTA
7
8 AND THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
9
10
11 This agreement is made between the City of Chula Vista, ("City") and the San Diego
12 Abandoned Vehicle Abatement Service Authority ("AVA") for funding of the abatement,
13 removal, and disposal of abandoned vehicles in San Diego County.
14
15 RECITALS
16
17 The AVA Service Authority is authorized by Section 22710 of the California Vehicle Code
18 to collect and disburse funds for the abatement, removal, and disposal as public
19 nuisances of abandoned, wrecked, dismantled, and inoperative vehicles, or parts of
20 vehicles, on public and private property within San Diego County.
21
22 The AVA is further authorized by Section 22710 of the Vehicle Code to contract with a
23 county or city for removal and disposal of these vehicle parts.
24
25 A one dollar ($1) vehicle registration fee has been imposed on vehicles registered in
26 San Diego County pursuant to Section 22710 of the Vehicle Code for these purposes.
27
28
""'f
1 The City has established procedures for the abatement, removal, and disposal as public
2 nuisances of these vehicles and parts.
3
4 The A V A has adopted an abandoned vehicle abatement Program and Plan ("Program and
5 Plan"), incorporated herein by reference.
6
7 The Program and Plan have been determined þy the Department of California Highway
8 Patrol to be consistent with its Guidelines, and have been approved by the City.
9
10 The AVA proposes to fund the City's removal and disposal of vehicles by reimbursing
11 costs, as specified in the Program and Plan.
12
¥,¿,
..-------- _ _···._··'_...m__._ _ _._.._._._~.._.._.__._.._.'.._.___.___._ -----.--.
1 AGREEMENT
2 Now therefore in light of the foregoing facts and recitals, the parties agree as follows:
3 1. Submission of Reports. The City shall submit to the AVA the required reports
4 described in the Program and Plan, on the dates provided in the Program and Plan.
5
6 2. Reimbursement. The AVA shall promptly reimburse the City as provided in the
7 Program and Plan.
8
9 3. Term. This agreement shall become effective upon execution by both parties and
10 shall terminate on the date that all funds received by the A V A pursuant to Sections 9250,7
11 and 22710 of the Vehicle Code, which have been allocated to the use of the City, have
12 been expended by the City.
13
14 4. Inspection of Records. The A V A may, at any time during normal business hours,
15 examine all writings and other data of the City related to the reports submitted by the City
16 to evaluate the accuracy, completeness, and timeliness of the reports.
17
18 5. Indemnity. The City shall defend and indemnify and save harmless the AVA its
19 officers and employees from any claims of third persons arising out of the City's
20 abatement program or out of the performance by the City of this agreement.
21
22 6. Entire Agreement. This agreement contains the entire agreement between the
23 parties.
~·7
1 Dated:
2 San Diego Abandoned Approved as to form and legality
3 Vehicle Abatement for San Diego A V A Service Authority
4 Service Authority
5
6 Granville M. Bowman Lloyd M. Harmon, Jr., County Counsel
7 By: By:
8 Executive Director William D. Smith, Deputy County Counsel
9
10 Dated:
11 CITY OF CHULA VISTA
12 By: By:
13 City Manager City Clerk
14 City Attorney
15 City of Chula Vista
16 By: By:
8'''~
- - --- ....-.-...--.-.--.--..---.---.-------- -..- ----~--- --,--.--- --- ------~.._--- .~~-
.A. ~Â ~ SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
~ ....... 5355 O....erland A",enue 3u¡iding 2. M.S. 0332 5.an Qiego. C). .92123-1295 (619) 594-2190
~(
November 18, 1991
Mr. John D. Goss, City Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Goss:
On October 17, 1991 the Board of Directors öf the San Diego
Abandoned Vehicle Abatement Service Authority was sworn in and the
Board conducted its first meeting.
There remains an important step for your agency to accomplish.
Before your jurisdiction can receive funds, it must enter into an
agreement with the Service Authority.
) ¡ j / A copy of the Agreement is enclosed for your review and adoption by
, \' ryour City Council. The completed agreements between the local
N . jurisdictions and the Service Authority will be forwarded to the
'W ð"" California Highway Patrol for incorporation in the Service Plan and
~ '1 Program.
Q" ,
t / My staff will be available to answer any questions you may have
. concerning the Agreement. Please feel free to contact either Ken
Brazell, Project Manager, at 694-2190 or Roger F. Walsh, Chief
Deputy Director of the Department of Public Works, at 694-2231.
Sincerely,
~t=' W~ ROGERWAtSH
CHIEF DEPUTY DIRECTOR..
~RANVILLE M. BOWMAN
xecutive Director, AVA
GMB:fmd
Attachment
?-9
._--""--"-----------~--~-_....._.._._._.,-"._....._._---------~,~--~_.._.-_.,. .----,". -,--.--.....----- --
COUNCIL AGENDA STATEMENT
Item l:f
Meeting Date 1/21/92
ITEM TITLE: RESOLUTION I~'I?J Approving the resolution
accepting the 1990-91 Grantee Performance
Report and authorizing its submittal to the
U.S. Department of Housing and Urban
Development
SUBMITTED BY: . . ~.~
Commun1ty Development D1rector
. t (4/5ths Vote: YES_NO-X-)
REVIEWED BY: C1ty Manager The City annually submits a Grantee Performance Report (GPR)
to the U.S. Department of Housing and Urban Development
(HUD). The GPR provides detailed information on the use of
Community Development Block Grant (CDBG) funds including the
progress achieved and the status of funds. HUD reviews the
GPR and evaluates whether the city has carried out its
activities in accordance with the city's 1990-93 Community
Development Plan and federal requirements.
RECOMMENDATION: That the City Council adopt the resolution
accepting the 1990-91 Grantee Performance Report and
authorizing its submittal to HUD.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The 1990-91 GPR reports the amount of CDBG funds spent
during the fiscal year, the amount of funds remaining, and
the progress achieved on each project. The City expended
about $2.5 million in CDBG funds during 1990-91 and had a
balance of about $1.3 million as of June 30, 1991.
The 1990-91 GPR provides demographic information on the
people who derived direct benefit from Block Grant projects
and programs. Information is also provided on the progress
achieved in the City's Fair Housing Program.
FISCAL IMPACT: No fiscal impact.
(CDBG\GPR.AGN)
9-'1/9-,
. - ______.__._._.~_._.._ - ___ _,__.._ ___n..._. _ ~_._.".___,____..______,...~~_ _._,_ _ '___ .
RESOLUTION NO. 1~l/'71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING . THE 1990-91 GRANTEE
PERFORMANCE REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORIZING ITS SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The city Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista receives Community
Development Block Grant funds from the U.S. Department of
Housing and Urban Development (HUD) for the implementation
of programs and projects to benefit low and moderate income
persons and aid in the prevention of slums and blight; and,
WHEREAS, the City is required to submit annual Grantee
Performance Reports to HUD to report on the progress
achieved and the status of funds; and,
WHEREAS, the 1990-91 Grantee Performance Report has
been prepared according to HUD regulations and instructions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE
AS FOLLOWS:
section 1. The City Council hereby approves the 1990-91
Grantee Performance Report, attached hereto.
Section 2. The Community Development Director is hereby
authorizéd to submit the 1990-91 Grantee Performance Report
to the U.S. Department of Housing and Urban Development.
Section 3. This resolution shall take and be in full
force and effect immediately upon the passage and adoption
hereof.
section 4. The city Clerk shall certify to the passage
and adoption of this Resolution; shall enter the same in the
book of original Resolutions of said City; and shall akea
minute of the passage and adoption hereof in the m' u es of
the meeting at which the same is passe nd ad pte . by:Y
Presented by:
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
9-3/Q-'f
._.,_u
Grantee Performance Report u.s. DepartmenlolHouslng ~
and Urban Development
Community Development 1r
Block Grant Program
OMS Approval No. 2506-0077 (exp. 3/31190)
1. NameofGranlee 2. Gr8JltNUrTÐer
City of Chula Vista B-90-MC-06-0540
3. Grantee'. Addr... .to Per5Of1 who can best answer q~ about thII fepOft
Community Development Department David Harris
276 Fourth Avenue
Chula Vista, CA 91910 s. Telephone NuntJer
(619) 691-5016
6. Thla reportconslsta olthefollowlng fonn. ahowlng progress achieved through (date): 6/30/91
a, Activity Summary, form HUD-4949,2,
b. Status o(Funds - Part and Part II, form HUD-4949.3.
c. low I Mod Benefit Worksheet, form HUD-4949.3a.
d, Status 01 Funds - Part III. form 4949.4,
e. Direct Benefit Activities, form HUD-4949.5,
f. Actions to Affirmativety Further Fair Housing, form HUD-4949.6.
. g. Displacement, form HUD-4949.7.
See HUD handbook 6510.2, -Entitlement Grantee Performance Report Instructions· for guidance on completing the GPR.
7. This report also contains:
a. Assessments by the grantee of the relationship of the use of Community Development Block Grant (CDBG) funds to:
(1) locally identified community development objectives;
(2) the National Objectives which require that each CDBG assisted activity must either benefit low and moderate income persons, aid in the prevention or
elimination of slums or blight, or meet community needs having a particular urgency; and
(3) the Primary Objective which requires that in the aggregate at least 60 percent of all COSG funds expended during the one, two or three consecutive
program years specified by the grantee in its certification will be for activities which benefit low and moderate income persons;
b. Oesaiptions of:
(1) the nature of and reasons for changes in the grantee's program objectives; and
(2) how the grantee would change its program as a resurt of its experiences:
c. Summary of any comments received by the grantee on its program from citizens in its jurisdiction.
8. Thegrantee·.authorlzed Official Representatlvecertlfle. that:
a. This report contains all items identified in items 6 and 7 above.
b. To the best of his I her knowledge and belief the data in this report is true and correct as of the date in item 6.
c. Federal assistance made available under the Community Development Slock Grant (CDSG) Program has not been ublized to reduce substantially the
amount of Ioœl financial support for community development activities below the level of such support prior to the start of the most recently completed
CDSG program year.
Warning: Socllon 1 001 of Tille 18 óftho Unltod Slate. Code (Cr/m/na/Codund Crim/nat ProcfHlu,.¡ .hallapplytolheforegofng certfflcallon. Till.
18 provlde. .mongotherthlnga, thatwhoever, knowlnglyandwlllfullymakeaar u....documentarwrltlngcontalnlng.nyfalse, flctltlou. or
fraudulenta1atementorentry,lnanymatterwlthln thelurladlctlon of anydepartmentoragencyofthe UnltedState. .hallbeflned natmorethan
$10,000 orlmprlaoned nat more than nveyear.,ar both.
t. Typed Name and TIlle 01 Authorized Official Representative
Tim Nader, Mayor
to.S"...",. r::- ~ 11. Date
I January 14, 1992
"'-J
Retain this record for 3 years
Previous edition is obsolete
9';'/'1-' formHUD-4949.1 (4188)
ref. handbook 6510.2
-...--.-".-..-" . --.-..-.-. ""' - .._._-_.._~---_..-
CITY OF CHULA VISTA
COMMUNITY DEVELOPKDIT BLOCK GRANT PROGRAM
1990-91 PROGRAM ASSESSKDIT
The city fulfilled all objectives in the 1990-93 Community
Development Plan in one or more ways during the program
year. Each objective and the activities which met the
objective are described below:
1" Provide assistance to orqanizations servinq the varied
needs of senior citizens, includinq housinq, nutrition,
health, transportation, and related services"
a. Meals on Wheels delivered low-cost meals to senior and
disabled residents unable to prepare meals themselves.
b. Chula vista Human Services Center provided information
and referral services.
c. South Bay Adult Day Health Care Center provided
activities and health services to frail elderly.
d. Woodlawn Park community Center served weekly lunches and
organized activities for seniors.
e. Shared Housing provided housing opportunities for
seniors, matching those seeking inexpensive housing to
households with extra rooms.
f. The parking lot at otay Community Center will provide
parking for seniors attending the daily nutrition program.
g. Renovation and expansion of the Norman Park Senior
Center will provide social activities and house a variety of
social, health and legal services in a central location.
2" Provide assistance to orqanizations servinq the varied
needs of youth and their families, includinq prevention and
counselinq proqrams for substance abuse, child abuse, and
juvenile delinquency"
a. Jobs for Youth provided job referrals for young people
b. South Bay Community Services provided counseling,
literacy, and delinquency prevention programs for youth in
crisis and operated an eight-bed homeless shelter.
c. YMCA Family Stress Center provided counseling for abused
children and their families.
d. Woodlawn Park Community Center provided year-round
social activities for neighborhood youth and a Summer Youth
Program.
9~7
--,.~.-
e. South Bay Family YMCA provided opportunities for
disadvantaged youth to participate in Summer Camp and in
afterschool childcare at three school sites.
f. South Bay Guidance Center provided mental health
counseling for children .
3, Provide assistance to organizations which provide
cOUDseling and support to adults recovering from substance
abuse or involved in domestic violence,
a. YMCA Family Stress Center provided counseling to
families affected by domestic violence.
4, Provide assistance to organizations which provide basic
needs assistance and/or assist people who homeless,
unemployed, or disabled to become self-sufficient,
a. Project Hand Emergency Assistance center provided food,
shelter, clothing, transportation, and medicine to homeless
families and individuals.
b. Kinesis South provides job training to individuals
recovering from mental illness.
s. Provide assistance to organizations which promote adult
literacy,
a. The Chula vista Literacy Team provides one-on-one
tutoring for adult learners.
6, Construct public improvements to alleviate pubic hazards
and revitalize deteriorating neighborhoods, including,
street, drainage, and lighting improvements,
a. Construction of street improvements on Shy Lane were
completed.
b. Design of drainage improvements on Sierra Way and
Crested Butte were completed.
7, Construct public improvements to enhance the quality of
life for residents, including parks, community centers,
libraries, and other public facilities,
a. The City purchased 6 acres of land for a new library
serving Southern Chula vista.
b. The city began construction on the renovation and
expansion of Norman Park Senior center,
c. The City bid out the contract for construction of a 12
space parking lot at the otay Community Center.
1-7
..-"--.,.-.- ....."..._--,.,,-~ ____u
8, Promote small businesses and the creation of jobs
through planning studies, infrastructure improvements,
technical assistance, and financial programs,
a. The City began environmental review for a new shopping
center which will create jobs for low and moderate income
persons.
9, Provide assistance to neighborhood and community-based
organizations to initiate neighborhood revitalization,
economic development, and affordable housing programs,
a. The City provided a small amount of funding for the Otay
Committee, a neighborhood group working on neighborhood
improvement projects.
10, Furnish fair housing information, counseling, and
mediation services,
a. The Fair Housing officer provided information and
referral on fair housing issues for 10 hours a week.
b. San Diego Resident Relations provided information,
referral and mediation services on fair housing and related
housing problems.
NATIONAL OBJECTIVES AND PRIMARY OBJECTIVES
In the aggregate, all program activities met the national
and primary objective of benefitting at least 70% low and
moderate income persons. For most of the public service
sUb-recipients, between 90 and 100% of persons provided
services were low-income. Each area benefit activity
included at least 51% low and moderate-income households.
All activities undertaken were to meet the low and moderate
income objective.
CHANGES IN THE CITY'S OBJECTIVES
The city adopted new objectives for its 1990-93 Community
Development Plan. The new objectives incorporate most of
the old objectives and add a few new ones. The new
objectives include assistance to adult literacy programs and
to neighborhood and community-based organizations to
undertake neighborhood revitalization activities, including
non-profit housing development, graffiti eradication, and
neighborhood beautification.
POTENTIAL CHANGES
As a result of its experience, the city will consider
utilizing the section 108 loan program to finance larger
9~9
-.....-.-.-.-.....-...-."....--..--..-,-.,-...--,-
projects (over $1 million). This lesson was learned from
the land acquisition at Fourth and Orange which cost $2.3
million It took three years to accumulate sufficient funds
from annual entitlements and reallocation from completed and
cancelled projects. The City has applied for and received a
section 108 loan for $750,000 for the Norman Park Senior
Center. The Center requires $1.5 million in CDBG funding,
half of which has already been allocated to the project.
CITIZEN COMMENTS
During this program year, the City did not receive any
comments regarding its CDBG program. Several public
hearings were held in preparation of the Final Statement and
the application for a Section 108 loan for the Norman Park
Senior Center Renovation project.
9--/0
,.-..,.--.,,-
Exclanation of the status of Funds
The city discovered that it had incorrectly reported the
amount of funds which were expended on housing
rehabilitation in 1989-90 as well as the program income from
the housing rehabilitation revolving fund. Therefore, the
figure for "unexpended CDBG funds at the end of the previous
reporting period" (status of Funds, Line 1), as reported in
the 1990-91 GPR, has been adjusted to $2,509,206. The
revised forms for the 1989-90 GPR are attached first,
followed by the 1990-91 forms.
q - ) / / q"/L
Grantee Performance Report u.s. DepartmentofHouslng ~
end Ur~en Development
Status of Funds Community Devopment ,r
Parts I and" Block Grant Program
OMB Approval No. 2506-0077 (exp, 3/31190)
Name of Grant_ GratCNUrrbtr Period Coveted
City of Chula Vista B-89-MC-06-0540 From 7/01/89 To 6/30/90
Partl: Summary of Resources and expenditures CDBG Funds
1. Unexpended CDBG funds at end of previous reporting period $
2,085,629
2. Additional COBG funds received $
a. Entitlement Grant (HUD-7082, line 8b) 1,203,000
b. Surplus from Urban Renewal I NDP Settlement (HUD·7082.line lOb) $
0
c. Loans guaranteed under Section 108 $
0
d. Program income received during the program year (as shown in Status of Funds Part III, column f) $ 76,968
9. Return of grant funds $ 0
3. Total COSG funds available for use during this reporting period (sum of lines 11hru 2e) $
3,365,597
4. Total COSG funds expended during this reporting fteriod $
8. Amount shown on Activity Summary forms, co umn 9 856,391
b. CDBG funds used for Section 108 payments $ '.C~O' .
5. Unexpended balance of COBG funds at the end of this reporting period (line 3 minus lines 4a and 4b) $
2,509,206
Partll: Overall Program Benefit to Lowand Moderalelncome Persons
A. Low/Mod BenefltDurlngthls Reporting Period
6. a. Total COBG funds expended (from line 4a above), except for Sec. 108 payments $ 856,391
b. Less: Planning and program administration costs (as shown in Activity Summary forms, column g) $ 142 282
c. Net expenditures subject to program benefit cala.Jlation (line 6a minus line 6b) $ 109
7. Expenditures benefitting low and moderate income persons (as shown in lowlMod Benefit Worksheet $
Part IV) 714 109
8. Percent benefit to low and moderate income persons (line 7 as a percent of line 6c) 100 %
9. Program year(s) covered in certification py~ py- py-
B. Low/Mod BenefltforMultl- Year Certifications (completeonlylfcertlflcatJon period exceed.oneyear)
10.8. Cumulative net expenditures subject to program benefit calculation $ 0
b. Cumulative expenditures benefitting low and moderate income persons $ 0
c. Percent cumulative benefit to low and moderate income persons (line 10b as a percent of line 10a) 0 %
Retain this record for 3 years fonnHUD-4949.3 ~~J
Previous editions are obsolete ret 24 CFR part 570 and handbook 6 10,
9"/3
_m"'_'_~~'___'_ ". ___,,",.__~_'m,_
GranteePerformance Report u.s. OepartmentofHou.lng ~
and Urban Development
Status of Funds Community Oevopment ,r
Part III Block Grant Program
OMS Approval No. 2506-0077 (exp. 3/31190)
IWnII of Grantee Grar«Nurrber Period Covered
City of Chula Vista B-89-MC-06-0540 1/89 T 6/30/90
Programlncome.ndStat....ofLumpSumAccount.
AciMty . Rec'd Revolv Lump Program Income
Number Activity Name and Nature of Income by Sub- ing Sum Received
recipient Fund ,
a b c d . f
1.132 Rehabi 1 itati on: Single-family residential loan x $76,968
program
3.201 Public Facilities and Improvements: x 0
Economic Development Fund
. Attach narrative (see instructions) Total $ 76,968
Retain this record for 3 years Page 1 of 1 pages formHUD-4949.4(4-88)
Previous edition is obsolete 9-/1 ref. 24 eFR part 570 and handbook 6510.2
..._-- .~. . -.. -.----
Grantee Performance Re~ort u.s. DepartmentofHoualng ~
and Urban Development
Low/ModBenefitWorks eet Community Development ,r
Block Grant Program
OMS Approval No, 2508-0077 (exp. 3/31/90)
Name of Gram.. Grant Nurrbef .......eo.....
Cit of Chula Vista B-89-MC-06-0540 From 7/1/89 To 6/30/90
Part I: Dlract Expendltur.. for the Acquisition, Construction or Rehabilitation of Property tor Housing
"'.oflDtaJ COBG
units to be Total Max CDBG Reduction expenditures LowhnOd
AClMy A<:1ivily Name occupied cost low I mod share of 1800 1I11s aedltlhis
Number by lowlmod ",edit cost -no -no
households
. c . g
Not applicable
0
PattI!: CDSGExpendhUrMUHd OnlyforStatt andOvarhead to Assist InttMAcqulsltJon,ConstructlonorRahabllhatlono,propertyforHouslng
%ofunits
in program Total admin Low I mod
Activity Number Activity Name lobe cost this O'editthis
Name of Program Assisted occupied reporting period reporting period
by lowlmod
households
. b c d .
Not app 1 icab 1 e
0
Part III: Total ExpendhuruThl. Reporting Period forAIIOthar Actlvltluauallfylng..low/Mod Sanaflt $714,109
PartlY: Tot.r Low/Mod 9aneflt 'rom Partar,lI,andlll $ 714,109
Retain this record for 3 years 9-/; loon HUD-4949.3a (4-88)
Preoous edition is obsolete ref 24 CFA part 570 and handbook 6510.2
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~
. \ u.s. Oepar1menr of Housing () ~
. Grantee Performance R(>._ ,nt and Urban Development "--
Rehabilitation Activities .. CommunÜy Oevopmenl ,r
Block Grant Program
OMS Approval No. 2506-0077 (exp. 3131190) .
Public Reporting Burden f~ this co/eeaion 01 information is estimated 10 average.. hours per response. including the time for reviewing instructions, search-
ing existing data sources, gathering and maÎl'ltaining the data needed. and complsling and reviewing the eol/eellon of information. $God COmmen[$ regarding
this burden estimate or any ocher aspect of this coUection of information, including suggestions tor reducing this burden, to the Reports Management Officer.
Office of Information Policies and Systems. U.S. Oepanment of Housing and Urban Development, Washington, C.C. 20410-3600; and 10 the Offiœ of
Management and Budget. Paperwork Reduction Project (2506-0077) Washinglon, D.C. 20503
rwo. oj Oranu. jGrAl'lNU~ P..od eov..ec
City of Chula Vista B-89-MC-06-0540 From 7/01/89 T 6/30/90
Slngl. Family ¡ Multifamily
AcUvJtJes ActlvJUe'S
(One Unit S1rUCIUr") . (Two or More Unil Structures)
Sllrang
1. Number of staff years 0 . 022 0 . 0
-
FTEstallyeaT3 FTE staffyeafs
Activity Delivery Costa:
2. Activity defivery cost from aU sour~s 41,009 0
I. staff costs $ S .----
b. other direct costs $ 1,645 s 0
3. A<:tivity delivery cost from COBG funds 798 I s 0
a. staff costs I :
b. other direct cosls 1,446 I s 0
Unlla AehabJlltated: I 3 I 0
Units commined Units Units
6. Units completed 3 Units 0 Units
11me: I I
8. Average weeks to complete 30 Weilks 0 w_.
Obligations:
7. Amount obligated from all sources $ 810,146 s 0
a, COSG funds obligated Is 110,146 s 0
b. other pUblic (Federal, slate, local) funds obligated , S 700,000 I s 0
c. private funds obligaled I s 0 s 0
d. unliquidated obligaoons at end at year , S 0 S 0
,
Expenditures: , S I s
8. Amounl expended' from aU Sources 0
' 1,205,621
a. COBG funds expended S 110,146 I s 0
b. ottler public (Federal, stale, Jocal) funds expended I S 1,095,475 I s 0 -.'.
c. private funds expended I $ 0 I s 0
- ':;)(m HUD-4949.2a (10.89)
Retain this record for 3 years reI 24 CFR Part 570 aJ"IO hanobook. 6510.2
9~/7
. -.--- _.__..,--_...~~---,-
Grantee Peñormance Report u.s. DepartmenlolHoualng ~
and Urban Development
Status of Funds Community Oevopment ,r
Parts I and II Block Grant Program
OMS Approval No. 2506-0077 (exp, 3/31190)
N.me 01 Grantee ¡GranlNUtTt!er Period Covered
City of Chula Vista B-90-MC-06-0540 From 7/oi/90 To 6/30/91
Partl: Summary of Resources and Expenditures CDBG Fund.
1. Unexpended COBG funds at end of previous reporting period $ 2,509,206
2.. Additional COBG funds received $
8. Entitlement Grant (HUO·7082, line Bb) 1,297,000
b, Surplus from Urban Renewal I NDP Settlement (HUD-7OS2, line lOb) $
-
c. Loans guaranteed under Section 108 $
-
d. Program income received dUring the program year (as shown in Status of Funds Pan III, column f) $
88,788
e. Return of grant funds $
-
3. Total COSG funds available for use during this reporting period (sum of lines 1 thru 20) $
3,894,994
4. Total CDBG funds expended during this reporting ftÐriod $
8. Amount shown on Activity Summary forms, co umn 9 2,558,529
b. COSG funds used for Section 108 payments $ -
5. Unexpended balanœ of COSG funds at the end of this reporting period (line 3 minus lines 4a and 4b) $ 1,336,465
Part II: Overall Program Benefit to low and Moderate Income Persons
A. low/Mod Benefit Durtngthls Reporting Period
6. a. Total CDBG funds expended (from line 4a above), except for Sec. 108 payments $ 2,558,529
b. lese: p¡anning and program administration costs (as shown in Activity Summary forms. column g) $ 179,189
c. Net expenditures subject to program benefit calculation (line 6a minus line 6b) $ 2,379,340
7. Expenditures benefitting low and moderate income persons (as shown in lowlMod Benefit Worksheet
Part IV) $ 2,379,340
8. Percent benefit to low and moderate income persons (line 7 as a percent of tine 6c) 100 %
9. Program year(s) covered in certification py.!iQ PY.!iL py q z.
B. Low/Mod BeneflUor Multi· YearCertlflcatlons (completeonlylfcertlflcatlon perlodexceede one year)
10.a. Cumulative net expenditures subject to program benefit calculation $ 2,379,340
b. Cumulative expenditures benefitting low and moderate income persons $ 2,379,340
c. Percent cumulative benefit to low and moderate income persons (line 10b as a percent of line 10a) 100 %
Retain this record for 3 years IormHUD-4949.3 ~~J
Previous editions are obsolete ref. 24 CFR part 570 and handbook 6 10.
;-/ :5
Grantee Performance Report u.s. DepartmentofHouslng ~
and Urban Development
Status of Funds Community Oevopment ,r
Part III Block Grant Program
OMS Approval No. 2506-0077 (exp, 3/31190)
NamlofGran,,", Grant Number P...1od Cov_eeI
City of Chula Vista B-90-MC-06-0540 From 7/1/90 To 6/30/91
Program IncomeandStatuaofLumpSumAccount.
Acllvlty Rec'd Revel Lump Program Income
Number Activity Name and Nature of Income by Sub- ing Sum Received
recipient Fund ,
a b c d e I
1.132 Rehabil itati on: Single-family residential x 88,788
loan program (CHIP)
3.201 Public Facilities and Improvements: x 0
Economic Development Fund
.. Attach narrative (see instructions) Total $88,788
Retain this record for 3 years Page 1 of 1 pages .1'-11 fonnHUD-4949.4(4-88)
Previous edition is obsolete ref. 24 CFR part 570 and handbook 6510.2
--.- - .-- ....~--~-..--.----"...-.---.-
Grantee Performance Re~ort u.s. DepartmentorHouslng ~
and Urban Development
Low/ModBenefitWorks eet Community Development ,r
Block Grant Program
OMB Approval No. 2506-0077 (exp. 3131190)
Ham. 01 Gram.. Grant Nun'bef P.....""""""
City of Chula Vista B-90-MC-06-0540 From 7/1/90 To 6/30/91
Part I: Dlrlct Expendltur.. for thl Acquisition, Construction or R.habllltatlon of Property for Housing
%.oftotal COI!G
units to be Total Max COBG Reduction expenditures Lowlmod
A"Mty ActivIty Name occup;ed cos! low I mod share of "'00 1h~ aeditthis
Numbe< by low/mod credit cost reporting reporting
households eriod
. c . g
Not applicable
0
Part II: CDBG Expendhu....Uaed Only 'orStattandOverhead toAsslst lothe Acquisition, ConstrucUonorRehabllhatlonol PropertyforHouslng
%ofunits
In program Total admin low I mod
ActivÍlyNumbef' Activity Name lObe cost this aeditthis
Name of Program Assisted occupied reporting period reporting period
by lowlmod
households
. b c d .
Not applicable
0
Part III; TotalExpendlturuThls Reporting P.rlodfor All Other Acllvftl..auaJlfylng.. Low/Mod Banaflt S 2,379,340
Part IV: Total Low/Mod Senefltfrom Part.I,II,and III S 2,379,340
Retain this record for 3 years 9-..:20 formHUO-4949.3. (4-88)
Previous edition is obsolete rat 24 CFR part 570 and handbook 6510,2
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~.___. .____..._M..
Displacement Narrative
The following activities resulted in displacement:
Activity 6.143: The acquisition of 6 acres of land for a
new library resulted in the displacement of one household
this year (It is anticipated that two more households will
be displaced next year).
The City provided Mr. Torimaru with relocation assistance,
which included the identification of comparable homes for
sale in the area. Mr. Torimaru and his family purchased a
home in a nearby neighborhood and have been successfully
relocated. The City has contacted Mr. Torimaru to determine
if he is entitled to further relocation benefits in
accordance with the Uniform Relocation Act.
9-]S
"--.-..-"
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 1/21/92
ITEM TITLE: Resolution JiP<f7l Approving contract for services of
Maryann Mi 11 er for temporary repl acement of the Envi ronmenta 1
Review Coordinator, and, a~priating funds therefor
SUBMITTED BY: "",toe of Jj?'"'" ~_
REVIEWED BY: City Manager, . (4/5ths Vote: Yes...LNo_>
As part of the City/County joi nt staffi ng pl an for the Otay Ranch Project,
Doug Reid, the Envi ronmenta 1 Revi ew Coordi nator of the Pl anni ng Department,
has been assigned to the Otay Ranch Project Team. In response to the need to
backfi 11 this position, in October 1989, the City Counc il authorized the
hiring of Maryann Miller as a a contract planner. Si nce the Otay Ranch Pl an
is expected to requ ire Mr. Reid's servi ces unt il the adopt i on of the plan,
there is a need to extend the existing contract planner agreement to June 30,
1992.
RECOMMENDATION: That the City Council approve the attached resolution and
authorize the Mayor to execute the contract on behalf of the City Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
From October 1989 to the present, the Environmental Review Coordinator
position in the Planning Department has been filled part-time by Ms. Miller as
a temporary contract planner. Mr. Doug Rei d has been ass i gned to the Otay
Ranch Project from its incept i on to provi de City input on the envi ronmenta 1
process. Thi s project wi 11 requi re Mr. Reid's continued i nvol vement through
the first half of 1992, estimated at 30-35 hours per week during this period.
The work program for the Environmental Review Section of the Pl anni ng
Department continues to require staff support. The Ci ty cannot function with
only a part-time Environmental Review Coordinator. It is essent i a 1 for
current planning projects and the large scale projects underway that the
Environmental Division be fully staffed.
Staff is recommending that the Environmental Review Coordinator pos it ion
continue to be "back filled" by Maryann Miller for 20 hours per week during
the period of completion of the Otay Ranch Proj ecL In addition, it is
recommended that the rate for this position be increased from $45 per hour to
$50 per hour, to be reflective of Ms. Miller's excellent performance in this
pos i t i on over the past two years, and to be more commensurate wi th the rates
of other environmental contractors who are providing or have provided similar
services to the City (typically in the range of $60-$65 per hour). A cost
compari son of us i ng thi s contractor at the proposed rate versus use of an
in-house staff position indicates that the cost to the City of the contract
position is $53,238 (based on direct cost of $26,000 times full-cost recovery
factor), whereas the equivalent cost of in-house staffing would be $38,245.
However, it should be noted that these additional costs are recovered through
charges to applicants.
/ð-J
_.,,----~~- _.._._.~._----_...._.~_.__....__._..,_._-_._-----_._._.......-..
Page 2, Item 10
Meeting Date 1/21/92
Finally, it should be noted that, in add it i on to her proposed continued
ass ignment as Envi ronmenta 1 Review Coordinator, Maryann will also be worki ng
on two projects (Scripps Hospital Expansion and Baldwin Telegraph Canyon) as
project manager.
FISCAL IMPACT: There woul d be no net cost to the City because the Ci ty is
being fully reimbursed by the Baldwin Company for work being performed by Doug
Reid. The total amount of this appropriation is $26,000.
WPC 8383P
IO~l..
-"._--"--- -- - - -- -_....._--_.._._._.._--._--_.__._---~--
RESOLUTION NO. "'¡?J.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CONTRACT AND APPROPRIATING FUNDS FOR
SERVICES OF MARYANN MILLER FOR REPLACEMENT TIME OF
ENVIRONMENTAL REVIEW COORDINATOR DURING CONTINUED
PROCESSING OF OTAY RANCH PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista and the County of San Diego have entered
into a Memorandum of Understandi ng (MOU) for the preparation of development
plans and environmental documents for the Otay Ranch Project, and
WHEREAS, as part of the budget for the jOint staffing for this project,
the City s Environmental Review Coordinator is spending more than 1/2 time at
the Otay Ranch Project Office, and
WHEREAS, there is a need to "back fill" this position in the Planning
Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vi sta does hereby approve the contract between THE CITY OF CHULA VISTA, a
municipal corporation, and MARYANN MILLER for her services as replacement of
the Environmental Review Coordinator in the Planning Department, known as
document number C090-259, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty of Chul a Vi sta is
hereby authorized and directed to execute said contract for and on behalf of
the City of Chula Vista.
BE IT FURTHER RESOLVED that the sum of $26,000 is hereby appropriated
from the unappropriated balance of the General Fund and transferred to Account
100-0622-5201.
Presented by
Robert A. Leiter Bruce M. Boogaar
Director of Planning City Attorney
WPC 0040p
,O'3/,O-f
_..__~._n.____ ..m _ ._._....~_.__________ _ --"---..
CONTRACT FOR ENVIRONMENTAL REVIEW SERVICES
WHEREAS, the City of Chul a Vista is presently in need of additional
professional environmental review services by contract to staff the work load
of the Environmental Review Section of the Planning Department and,
WHEREAS, the City's Environmental Review Coordi nator is participating
more than one-half time in the jOint City of Chula Vista, County of San Diego
Otay Ranch Project in accordance wi th the Memorandum of Understandi ng and
project budget and schedule; and,
WHEREAS, the City of Chula Vista desires to retain the professional
environmental review services of Ms Maryann Mill er for the specific
performance of services as are hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vi sta and Ms.
Maryann Miller, Environmental Consultant, do hereby mutually agree as follows:
I. PARTIES
The parties to this Agreement are the City of Chula Vista, a municip¡¡,l
corporation (hereinafter referred to as ·CITY"); and Ms. Maryann Mi 11 er, an
Environmental Consultant, who is hereinafter referred to as "CONTRACTOR."
II. INTENT OF THE PARTIES
It is the intent of the CITY and CONTRACTOR that CONTRACTOR accept the
primary professional responsibility for the completion of the matters assigned
under the general direction of the Director of Planning as follows
· Determination of exemption status on planning projects;
· Conduct and/or supervise the completion of Initial Studies;
· Prepare and/or review staff or consultant preparation of negative
declarations and mitigated negative declarations;
· Supervise, coordinate and review the preparation of Notice of
Preparations, Draft Environmental Impact Reports and Final Environmental
Impact Reports;
· Supervise and coordinate the preparation of CEQA findings, any necessary
statements of overriding considerations and mitigation monitoring
programs;
· Administer day-to-day responsibilities of Environmental Review Section of
Planning Department on behalf of Environmental Review Coordinator in his
absence including but not 1 imi ted to, contract administration, staff
assignments and overseeing general operations;
· Assign projects to and supervise Associate Planner and interns assigned
to environmental review section;
/Ö..$
-_...,--+.-
-2-
. Answer public inquiries and questions from staff pertaining to
interpretations of CEQAj
. Other matters as assigned by the Director of Planning.
CONTRACTOR's obligation shall include representation of the CITY at
various meetings, presentations, and heari ngs. CONTRACTOR shall attend all
meetings and hearings of the Chula Vista City Council, and the Chul a Vi sta
City Planning Commission where the subject of the meetings or hearings relate
to the environmental review of projects assigned.
III. SCOPE OF WORK
A. The CONTRACTOR shall, under the general direction of the Di rector of
Planning of the CITY, and the general line guidance of the Environmental
Review Coordinator of the Environmental Division of the CITY undertake
any necessary related studies and prepare any reports or findings.
B. The CONTRACTOR shall supervise in a professional manner any staff members
and outside consultants working on the preparation of environmental
documents assigned to the Environmental Review Section of the Planning
Department to ensure that all environmental documents are prepared in a
profess i ona 1 manner meeting or exceeding current standards of the
Association of Environmental Professionals and in compliance with the
California Environmental Quality Act.
C. The CONTRACTOR shall regularly consult with the Director of Planning and
Environmental Revi ew Coordi nator of the Environmental Division of the
CITY, in order to facilitate the preparation of the studies, reports and
other program activities described in this Agreement.
IV. COORDINATION OF PROJECT WORK
Pursuant to this Agreement, CITY shall authorize CONTRACTOR to coordinate
and expedite, subject to the concurrence of the Director of Planning, all work
ca 11 ed for under th is Agreement wi th CITY departments and other governmental
agencies.
V. ADMINISTRATION OF CONTRACT
The CITY hereby designates the Director of Planning as the CITY, s
representative in the review and administration of the work performed by
CONTRACTOR pursuant to the terms of the Scope of Work. The parties
acknowledge that the Scope of Work may be updated and/or amended from time to
time as work progresses.
VI. PROJECT SCHEDULE AND COMPLETION DATES
All of the tasks assigned to the CONTRACTOR under the terms of thi s
Agreement should be completed no later than an estimated 6 months unless the
completion date is extended by a new or amended contract between all parties
in accordance with Paragraph VIII.
/0.1.ø
. .._~_.. "__m
-3-
VII. ACCESS TO FACILITIES
The CITY shall permit access to a work space, its facil ities, files and
records by CONTRACTOR throughout the term of the contract.
VIII. TERM
Thi s Agreement shall be effective as of January 14, 1992, and shall
terminate on June 30, 1992.
IX. COMPENSATION
The compensation to be paid by CITY to CONTRACTOR for the work called for
under this Agreement shall be $50.00 per hour. CONTRACTOR shall submit
monthly invoices to the Director of Planning of the CITY. Payment shall be
made to CONTRACTOR within thirty (30) days. The CITY agrees to pay the total
sum billed by the CONTRACTOR each month for the duration of this Agreement.
The contractor shall not receive retirement benefits, paid vacations or other
fringe benefits. Unless services are performed during an extension period
pursuant to Paragraph VrII, CONTRACTOR's payments for these servi ces shall not
exceed $26,000.
X. INTEREST OF CONTRACTOR
CONTRACTOR presently has no business relationship with any persons or
firms doing business within the Chula Vista Planning area which would
constitute a conflict of interest, or give the appearance of such conflict.
CONTRACTOR may not conduct business for third parties which may be in
conflict with CONTRACTOR's responsibilities under this contract. "CONTRACTOR"
may not solicit any business during the term of this contract which may
conflict with his or her responsibilities under the contract.
XI. HOLD HARMLESS
CONTRACTOR agrees to indemnify and hold harmless the CITY from and
against all 1 iabil ity, cost and expense (incl udi ng without 1 imitation
attorneys, fees) arising from loss of or damage to any property whatsoever or
injury to or death of any person whomsoever caused or occasioned by the
negligent act or omission of CONTRACTOR or any agent or employee of
CONTRACTOR, arising out of or in connection with this Agreement or the work to
be performed by CONTRACTOR hereunder.
10-1
__.. ,_.._,'~"____._w __ ..________"_'.____n_.'._..._.__
-4-
XII. TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, CONTRACTOR shall fail to fulfill in a timely and
proper manner his or her obl igations under this Agreement, or if CONTRACTOR
shall violate any of the covenants, agreements, or stipulations of this
Agreement, CITY shall have the right to terminate this Agreement by giving
written notice to CONTRACTOR of such termination and specifying the effective
date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data,
stud i es, surveys, drawi ngs, maps, reports and other materi a 1 s prepared by
CONTRACTOR shall, at the option of the CITY, become the property of the CITY,
and CONTRACTOR shall be entitled to receive just and equitable compensation
for any work satisfactorily completed on such documents and other materials up
to the effective date of notice of termination, not to exceed the amounts
payable under Paragraph X hereinabove.
XIII. TERMINATION FOR CONVENIENCE OF CITY
CITY inay termi nate thi s Agreement at any time and for any reason by
giving specific written notice to CONTRACTOR of such termination and
specifyi ng the effect i vè date thereof, at 1 east thi rty (30) days before the
effective date of such termination. In that event, all finished and
unfi ni shed documents and other materi a 1 s descri bed in Paragraph XII
here i nabove shall, at the opt i on of CITY, become CITY's sole and exc 1 us i ve
property. If the Agreement is terminated by CITY as provided in this
paragraph, CONTRACTOR shall be entitled to receive just and equitable
compensat i on for any satisfactory work compl eted on such documents and other
materials to the effective date of such termination. CONTRACTOR hereby
expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth in Paragraph X hereinabove in the event of
such termination.
XIV. ASSIGNABILITY
CONTRACTOR shall not assign any interest in this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without
prior written consent of CITY.
XV. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, designs,
plans, procedures, systems and any other materi a 1 s for propert i es produced
under this Agreement shall be the sole and exclusive property of CITY. No
such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copy rights or patent rights by CONTRACTOR in
the United States or in any other country without the express written consent
of CITY. CITY shall have unrestricted authority to publish, disclose (as may
be limited by the provisions of the Public Records Act), distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties produced
under this Agreement.
It) , f
_"" _ _~M_ _'_____... _
-5-
XVI. INDEPENDENT CONTRACTOR
CITY is interested only in the resul ts obtained and CONTRACTOR shall
perform as an independent contractor with sole control of the manner and means
of performing the services required under this Agreement. CITY maintains the
right only to reject or accept CONTRACTOR's work product(s). CONTRACTOR and
any of CONTRACTOR's agents, employees, or representatives are, for all
purposes under thi s Agreement, an independent contractor, and shall not be
deemed to be an employee of CITY, and none of them shall be entitled to any
benefits to which CITY employees are entitled, including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits.
XVII. CHANGES
CITY may from time to time require changes in the scope of the services
by CONTRACTOR to be performed under thi s Agreement. Such changes, including
any increase in the amount of CONTRACTOR's compensation, which are mutually
agreed upon by CITY and CONTRACTOR, shall be effective as amendments to this
Agreement only when in writing.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed thi s Contract for
environmental review services (Agreement) this 21st day of January, 1992.
CITY OF CHULA VISTA
By:
Tim Nader
CONTRACTOR
By: ~tW.M. ~. ~
Maryann Catherine Miller
Environmental Consultant
WPC 0038p
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COUNCIL AGENDA STATEMENT
Item -.ll.
Meeting Date 1/21/92
ITEM TITLE: Resolution IC,'{ 13 Extension of Contract for Planning Services
for Mr. William F. Reiter for the City's Sign Abatement Program and
Appropriating Funds There~
~
SUBMITTED BY: Director of Planning M __
REVIEWED BY: City Manageq (4/Sths Vote: YesXNo_) \
On April 11, 1989, the City Council authorized the employment of Mr. William Reiter as a
Contract Senior Planner for the City's Sign Abatement Program. Ris contract of employment
services expired on December 31, 1991.
RECOMMENDATION: That Council approve the attached resolution authorizing the
Purchasing Agent to execute a three-month extension of the subject Senior Planner's contract on
behalf of the City of Chula Vista and appropriate the necessary funds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In April 1989, the City of Chula Vista contracted with Mr. Reiter for his planning services in
conjunction with the City's Sign Abatement Program. It was determined at that this project
should be handled by contract staff, due to the one-time nature of the project, and the heavy
workload of the Current Planning Division. Mr. Reiter was selected due to his familiarity with
the City, particularly the Montgomery area, due to his previous experience with the County
Planning Department, and his work with the City during the Montgomery annexation and
subsequent planning program.
Beginning in April 1989, Mr. Reiter has, as sign abatement program manager, supervised the
Citywide sign survey, prepared a statistical analysis of the data derived therefrom, has met with
those citizen groups who have expressed an interest in the Sign Program, and has been involved
both with the City's Zoning Enforcement Division as well as the City Attorney's office in
carrying out the abatement of non-conforming and illegal signs.
In accordance with the Council's direction, Mr. Reiter has been involved in a total of 281 sites
with a cUrrent record showing the abatement of 245 of those sites, 25 in process, and 11
remaining to be resolved. There have been a total of 19 referrals to the City Attorney's office,
with 10 of these sites resolved and 9 pending. In addition, Mr. Reiter has been involved in the
II-I
. "._----,.
Page 2, Item \ )
Meeting Date 1/21/92
notification of the Montgomery area, involving a total of 107 sites, with 39 currently abated and
68 requiring additional follow up.
The original contract and extensions granted to Mr. Heiter since 1989 were based upon the
Department's best estimate of the Department's ability to wrap up the project by December of
1991; however, it was necessary for Mr. Heiter to spend more time with both the City
Attorney's office as well as with individual property owners in coming up with acceptable
solutions involving new sign programs. In reviewing the necessary follow-up work to be
completed, Mr. Heiter has estimated that an extension of the contract for three months with a
maximum of 200 hours, or an average of 16 to 20 hours a week, would allow us to close out
this program with the exception of some follow-up staff time as required by the City Attorney's
office. Failure to extend Mr. Heiter's contract at this time would leave the project
approximately 85 % complete and would require the reassignment of current planning staff from
presently assigned work programs to complete the task. It would also result in a serious
problem of discontinuity, which could adversely affect the City's ability to successfully conclude
the actions necessary to complete the program. Mr. Heiter's familiarity with the issues and the
program makes it highly desirable to retain his services for the three-month period.
FISCAL IMPACT: The cost of Mr. Heiter's services for the aforementioned three-month
period would be $5,000 and would be funded from the General Fund at this time.
(Heiter.AIl3)
II"'~
. ...---- "-".-.,.
RESOLUTION NO. /(,'I7;J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING EXTENSION OF CONTRACT FOR PLANNING
SERVICES FOR MR. WILLIAM F. HEITER FOR THE CITY'S SIGN
ABATEMENT PROGRAM AND APPROPRIATING NECESSARY
FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, on April 12, 1989, the City Council authorized the employment of Mr.
William F. Heiter as the contract senior city planner for the City's Sign Abatement Program,
and
WHEREAS, Mr. Heiter's contract of employment expired on December 31, 1991, and
WHEREAS, the sign survey and analysis for "old Chula Vista" has been completed, and
the survey for Montgomery has been substantially completed, and
WHEREAS, it is estimated it will take three months to complete and conduct the follow-
up actions required to cause the abatement of those signs identified through the aforementioned
sign surveys as being illegal/nonconforming, and
WHEREAS, because of his in-depth knowledge of the Sign Abatement Program, it would
be highly desirable to retain Mr. Heiter's planning services for the three-month period from
February through June 1992.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve that certain Fourth Amendment to Contract for Planning Services
with Mr. William F. Heiter for the City's Sign Abatement Program, known as document number
C090-273, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Purchasing Agent of the City of Chula Vista is
hereby authorized and directed to execute said contract for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the sum of $5,000 be, and the same is hereby
appropriated from the unappropriated balance of the General Fund and transferred to Account
No. 100-0622-5201 to cover the cost of the contract for the three-month period from February
through May 1992.
Presented by
~
Robert A. Leiter ruce M. Boogaard
Director of Planning City Attorney
11...3 , II - ..¡
(heiter.res)
-~""'-----'-~---'---'-'------'--"
FOURTH AMENDMENT TO CONTRACT FOR PLANNING SERVICES
Contract as entered into between Consultant Independent Contractor, MR. WILLIAM F.
HEITER and the CITY OF CHULA VISTA, on April 12, 1989, by Resolution No. 14037 is
hereby amended as follows:
1. Paragraph VIII TERM is amended by changing the date December 31, 1991, to
April 1, 1992.
2. Paragraph IX COMPENSATION is amended to read as follows:
"The compensation to be paid by CITY to CONSULTANT for the work called
for under this Agreement performed hereinafter from the date of this Agreement
shall be $25 per hour not to exceed a total of $5,000 to be funded from a General
Fund appropriation. CONSULTANT shall submit monthly invoices to the
Director of Planning of the CITY. Payment shall be made to CONSULTANT
within thirty (30) days. The CITY agrees to pay CONSULTANT each month for
the duration of this Agreement. The CONSULTANT shall not receive retirement
benefits, paid vacations, or other fringe benefits."
3. All other terms and conditions of the previous agreement as extended remain in
full force and effect.
IN WITNESS WHEREOF, CITY AND CONSULTANT have executed this Fourth
Amendment to Contract for Planning Services this _ day of January, 1992.
CITY OF CHULA VISTA CONSULTANT
Jim Espinosa William F. Heiter
Purchasing Agent Planning Consultant
(Independent Contractor Planner)
(HoiIer.Coo)
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COUNCIL AGENDA STATEMENT
Item J~
Meeting Date 1/21/92
ITEM TITLE: Resolution /¿4/7'1 Making declaration regarding surplus in
the improvement fund for EastLake Assessment District 85-2
SUBMITTED BY: Director of Public Work~
Director of Finance;t~
REVIEWED BY: City Manage#, (4/5ths Vote: Yes___No-X-)
The City has conducted proceedings and completed construction of Assessment
District 85-2 improvements pursuant to the terms and provisions of the
Municipal Improvement Act of 1913. Now that all improvements and payments of
all claims are completed, the City needs to dispose of the remaining surplus
in the fund in accordance wi th Sect i on 10427.1 of the Streets and Highways
Code.
RECOMMENDATION: That Council approve the resolution directing staff to
utilize surplus funds to call bonds in Assessment District 85-2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1986 the City issued Assessment District 85-2 (EastLake) bond s in the
amount of $7,680,624 to finance acquisition and construction of water system
facil ities, water pump stat ion, recl aimed water improvements, sewer system,
and utility and roadway improvements in the EastLake I Planned Community. The
public improvements constructed by the district were completed to the
satisfaction of the City and all payments have either been made or set aside
for all existing or potential claims, costs and expenses.
Pursuant to the terms and provisions of the Municipal Improvement Act of 1913,
being Division 12 of the Streets and Highways Code, all surplus monies
remaining in the Improvement Fund at this time shall be applied as a credit to
propert i es wi th i n the boundaries of the assessment di stri ct or alternately
used to call bonds, thereby reduci ng out standi ng assessments and subsequent
assessment installments. Staff recommends that bonds be called because thi s
is a simpler administrative task.
Property owners who paid thei r assessment in full shall be reimbursed their
fair share of the surplus.
There are approximately $1,350,000 in surpl us moni es in the improvement fund
to be used to call bonds. The surplus came from construction cost and
incidental cost savings and accumulated interest earned of almost $700,000.
FISCAL IMPACT: None to the City. All expenses have been paid from the
Improvement Fund of the Assessment District. Ca 11 i ng bonds wi 11 reduce the
future annual assessments of the property owners wi thi n the Oi stri ct. The
assessments will terminate in the year 2006 when the bonds will be fully paid.
ODS:mad/AY-069 1~-IIIj..'-
WPC 5851E
---.-- __.'._.",_.___n .-,..---'..-.--
RESOLUTION NO. )111/74/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING DECLARATION REGARDING
SURPLUS IN THE IMPROVEMENT FUND FOR EASTLAKE
ASSESSMENT DISTRICT 85-2
WHEREAS, the City has conducted proceedings and completed
construction of Assessment District 85-2 improvements pursuant to
the terms and provisions of the Municipal Improvement Act of 1913;
and
WHEREAS, now that all improvements and payments of all
claims are completed, the city needs to dispose of the remaining
surplus in the fund in accordance with section 10427.1 of the
Streets and Highways Code; and
WHEREAS, pursuant to the terms and provisions of the
Municipal Improvement Act of 1913, all surplus monies remaining in
the Improvement Fund at this time shall be applied as a credit to
properties within the boundaries of the assessment district or
alternately used to call bonds; and
WHEREAS, staff recommends that bonds be called because
this is a simpler administrative task.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby declare that approximately
$1,350,000 in surplus monies in the improvement fund for EastLake
Assessment District 85-2 be used to call bonds.
Presented by
John P. Lippitt, Director of Bruce M. , City
Public Works Attorney
C:\RS\85-2 Disirict Burp""
loJ." .3
___ - __ ~____._ __ _.____u_ n' u_, '_'0"_0'___'__ _,.____~___..,.____._._._
Item No. /3
Date ~
J.3. REPORT PARK DEVELOPMENT IMPACT FEE FOR APARTMENTS
(Director of Parks & Recreation)
Staff recommends item be continued to meeting of January 28, 1992.
13-'
_._._~-- - "'.'_._.-- --~---. -----
COUNCIL AGENDA STATEMENT
Item-'!/....
Meeting Date 1/21/92
ITEM TITLE: Report by the City Engineer on cost of work for the 1911 Block
Act - Phases XIX thru XXII Cash Contract
SUBMITTED BY: Director of Public works~
REVIEWED BY: City Manag~ (4/5ths Vote: Yes___No~)
The City Council at their meeting of November 6, 1990, adopted Resolution
15918 approving Boundary Map 90-4 showing the general nature and location of
certain publ ic works of improvement for the 1911 Block Act - Phases XIX thru
XXII Cash Contract and showing the proposed boundaries of Assessment District
90-4 to be assessed for said improvement. Attached as Exhibit A is a copy of
this map. In addition, City Council adopted Resolution 15919 ordering the
installation of certain improvements at various locations as specified by Map
90-4 and instructing the Superintendent of Streets to give notice and order
construction of said improvements.
On December 11, 1990, Council held a public hearing on the 1911 Block Act -
Phases XIX thru XXII Cash Contract and adopted Resolution 15979 making
findings at the public hearing pursuant to Chapter 27 of the "Improvement Act
of 1911". Attached as Exhibit B is a spreadsheet which was suppl ied to
Council at the time of the public hearing. The exhibit identifies the parcels
to be assessed by assessment number, indicates the type of improvements to be
constructed for the parcel, and denotes for each parcel an estimate of: the
total cost of the improvement, the estimated City contribution towards the
cost of the improvements, and the estimated property owners' costs for the
improvements. Of the 43 parcels shown on Map 90-4, one property owner
(Assessment No. 17) chose to install the improvements by private contract, one
property (Assessment No. 20) was removed from the district at the request of
the property owners and approval by Council. Improvements for the remaining
41 parcels were installed under a construction contract. The attached
Engineer's report indicates the construction costs and quantities for each of
the remaining parcels as well as the City's contribution towards the
construction costs.
RECOMMENDATION: It is recommended that Council:
1. Accept the filing of the City Engineer's report on the cost of
construction of work done adjacent to 41 properties in the 1911 Block Act
- Phases XIX thru XXII Cash Contract, District 90-4.
2. Schedule a public hearing for February 11, 1992, on the assessments to be
placed on the various parcels.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City Council, at their meeting on November 6, 1991 accepted the publ ic
improvements completed by Caves Construction for the work associated with 1911
Block Act - Phases XIX thru XXII Cash Contract.
J'I-/
__..____ . .__.____u.·._ ..m._.____ _
Page 2, Item J'I
Meeting Date 1/14/92
Chapter 27 of the Improvement Act of 1911 of the California State Street and
Highway Code requires the City Engineer to prepare and file a report of costs
associated with the formation of an assessment district to install public
improvements. The attached report fulfills the requirements of Chapter 27 and
includes a summary of costs associ ated wi th the district. The report also
includes for each parcel a break down of the construction quantities, costs
and indicates City contribution towards the construction costs. Attached is a
summary of the costs for each parcel.
City contribution towards construction costs genera 11 y includes:
reconstruct i on or overl ay of exi st i ng pavement; one half of new curb, gutter
and sidewalk constructed on side frontages; and reconstruction or replacement
of existing curb, gutter and/or sidewalk. For example, a majority of City
costs for work done on East Oxford Street, east of Hilltop Drive, is
associated with repairing or replacing approximately half of East Oxford
Street pavement. On Davidson Street the majority of City contribution towards
construction costs is for removal and replacement of existing curb and
gutter. This was required to facilitate drainage of storm water runoff in the
cul-de-sac. These items are excluded from the property owner's costs per
Council Pol icy No. 505-01.
The following is a summary of the City and owners portions of the construction
costs for each parcel. The final construction costs are generally less than
the estimated costs from December 1990. The reduction is the result of
obtaining better than expected unit prices for construction items. Additional
items of the City costs include: engineering and inspection staff costs;
materi a 1 testing; printing; ut il ity relocation; and miscellaneous equipment
and supplies. Costs for these items are not reflected below. Construction
costs for Assessment Number 43 are greater than the estimated construction
costs. This is due to an increase in the scope of work for this parcel which
was approved by the property owner prior to start of work.
Actual
Assess. Estimated Owner's
~ Address Owner City Cost Owner's Cost EXDense Total Cost
1 554 Glover Ave. Schramm S 0 S 1,038.40 S 656.61 S 656.61
2 564 Glover Ave. Patron 95.00 952.60 611.61 706.61
3 568 Glover Ave. West 0 972.40 616.61 616.61
4 572 Glover Ave. Loren 0 1,007.60 490.90 490.90
5 672 Cedar Ave. Bautista 0 739.20 424.90 424.90
6 673 Cedar Ave. Nevi lls 0 400_40 263.20 263.20
7 1205 Hilltop Dr. Turner 5,585.78 3,993.55 3,061.37 8,647.15
8 15 E. Oxford Dr. Martinez 813.48 5,792.05 4,553.19 5,366.67
9 19 E. Oxford Dr. Lukas/Rivera 670.48 7,178.60 5,459.76 6,130.24
10 29 E. Oxford Dr. Ledesma 492.24 7,470.65 5,809.17 6,301.41
11 35 E. Oxford Dr. Reinke 2,543.40 6,730.35 5,286.16 7,829.56
12 41 E. Oxford Dr. Ryan 3,094.64 7,428.85 6,282.21 9,376.85
13 45 E. Oxford Dr. DeLmas 3,985.51 12,384.90 9,463.29 13,448.80
14 47 E. Oxford Or. Cuen 2,149.62 11,275.55 8,008.45 10,158.07
15 51 E. Oxford Or. Wade 2,045.94 8,361.10 5,863.78 7,909.72
I'I-~
-----. ..- - - ----~~_...._._---_._._,_.__.~-
Page 3, Item IV
Meeting Date 1/14/92
Actual
Assess. Estimated Owner's
---1:!.2..:.. Address ~ City Cost Owner's Cost Excense Total Cost
16 4 Date Ave. Paulino 1,686.28 1,522.40 1,291.50 2,977.78
18 15 Second Ave. Hudson 600.00 2,486.55 1,349.46 1,949.46
19 25 Second Ave. MagiLL 0 1,978.90 1,307.92 1,307.92
21 158 First Ave. Board 263.00 1,677.50 1,006.61 1,269.61
22 158 First Ave. Board 280.50 1,984.40 1,381.21 1,661. 71
23 103 Second Ave. Ramage Estate 0 1,813.35 1,244.22 1,244.22
24 109 Second Ave. Ramage Estate 0 1,810.60 1,190.62 1,190.62
25 115 Second Ave. Ramage Estate 0 1,756.15 1,179.42 1,179.42
26 33 Davidson St. Lee-Morales 1,116.50 636.90 347.20 1,463.70
27 29 Davidson St. Boach 858.00 1,112.10 632.61 1,490.61
28 32 Davidson St. Paxton 460.00 837.10 506.90 966.90
29 34 Davidson St. Pi Lchen 625.00 2,037.20 1,233.31 1,858.31
30 75 0 St. Sanchez 0 1,087.90 669.71 669.71
31 67 0 St. Perrott 0 1,052.70 658.01 658.01
32 116 First Ave. Badge 2,500.96 3,126.20 2,056.57 4,557.53
33 97 Flower St. Jordon 2,265.88 3,116.85 2,606.11 4,871.99
34 97 Flower St. Jordon 1,266.96 5,060.00 4,076.86 5,343.82
35 91 Flower St. Sumpter 1,720.00 10,212.95 7,202.74 8,922.74
36 73 Bonita Rd. Bonita 2,030.50 24,149.40 17,193.64 19,224.14
Baptist Church
37 204 H St. Perez 721.74 2,714.80 2,648.48 3,370.22
38 514 Second Ave. Torres 0 2,426.60 1,494.33 1,494.33
39 15 N. Fourth Ave. WIN Properties 2,868.75 2,255.00 1,525.42 4,394.17
40 362 Hilltop Dr. Ward 1,604.00 6,243.05 3,928.09 5,532.09
41 81 Third Ave. Moore 223.25 2,174.15 1,730.21 1,953.46
42 40 Davidson St. Boltz 2,528.48 0 0 2,528.48
43 119 First Ave. Norgard 4,305.12 7,432.70 13,587.38 17,892.50
TOTALS $49,401.01 $166,431.65 $128,899.74 $178,300.75
The above figures include a reduction tota 11 i ng $500.00 which was deducted
from the contractor's total compensation as set forth in the Liquidated
Damages section of the construction contract. This amount, $500, has been
spread evenly among the property owners and $12.50 has been deducted from the
actual construction costs for each parcel.
Chapter 27 requires a public hearing to be held on the Engineer's report for a
1911 assessment district. The publ ic hearing will address issues related to
the spread of the costs of the assessment district and the Engineer's report.
Staff requests a public hearing be scheduled for the Counc il meeting of
February 11, 1992. Staff will notify each property owner of the proposed
assessment and date of the public hearin9. The not i ce wi 11 include a complete
cost breakdown for the individual parcel and a copy of the Engineer's report.
Council has received written communication from two property owners which were
forwarded to staff.
1'1-3
~ ~ _.._.~.- - -_._--_......_--_..._----_...----_...__.._.~-
Page 4, Item It!
Meeting Date 1/14/92
On December 1 I, 1990, Council received written communication from Al bert and
Velma Schramm, owners of the property at 554 Glover Avenue, Assessment No.1,
regarding financial options avai labl e to pay thei r proposed assessment. On
January 22, 1991, Council received a similar written communication from Mrs.
Ada Wade, owner of the property at 51 E. Oxford Street, Assessment No. 15.
Both items were referred to staff (Council Referral Numbers 2217 and 2236).
Staff is reviewing these assessments and will contact the property owners to
discuss alternate financing options. Sta ff will report to Counc il at the
public hearing on February 11, 1992 on the status of Assessment Nos. 1 and 51.
FISCAL IMPACT: Monies collected through thh assessment district will
reimburse City Gas Tax Funds.
LMC: AX-I04
WPC 5843 E
J'f'l
___m____, ,__.____.___'""__.___.~________.
. " . EXHIBIT A-I
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MANKATO STREET
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O""WH ey A. R. R T%TLE 1911 BLOCK ACT - PHASES XIX THRU XXII
.
DATE 11/1/90 PROPOSED BOUNOAflIES
II/-f
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.
.'
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EXHIBIT A-2
HALSEY STREET
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.·····...._____·...·_,,·.....-.n··_..._
-~._._-_._----
.
EXHIBIT A-3
IMPROVEMENTS INa.LIDE: A.C. PAVEMENT, S/W,
C a G, DIW.
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OAAUN.y Ä.R.R T%TLII!: 1911 BLOCK ACT - PHASES XIX THRU XXII
DATil!: J J/J/90 PROPOSED BOUNDARIES
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. - EXHIBIT A- 4
...
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fie" 'MPROVEMEMTS INQ.UDE' $IW ST.
.. CURB a GUTTER '8 PVMT.
& ~ I
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DRAWN 8V A.B.B T%TLE 1911 BLOCK ACT - PHASES XIX THRU XXII
DATE 1J/1/90 PROPOSED BOUNDARIES
. __"___, _·'m..._.'.._.._
EXHIBIT A-5
.
I
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I
~I ASSEJ'SMFNT#II
~~4/()-2'i) IMPROVEMENTS INCLUDE: SIOEWALK a DRIVEWAY i
if. ~~. .
j I a¡
I
...
wl ~~ 200' lì
IlÐ (566-110-37)
> ØI As....m.nt No. I' . if ,
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OIU.WH ey A. R. R T%TLI: j911 BLOCK ACT - PHASES XIX THRU XXII
O....TE 11/1/90 PROPOSED BOllNDARIES
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EXHIBIT A-6
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211,71 ':t >
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.. 1 (566-320-27) ~ è:t IMPROVEMENTS INCLUDE:
CURB, GTR, S/W e. D/W I.
~ "'_..m..., No. 2/ " ~
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.. tsv,,·310-2l) ~ j ! ,
AfIEIIMFNT NO. ZP ~
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DR.4WN.y A. R. R T%TLE 1911 BLOC/( ACT - PHASES XIX THRU XXII
.
D.4TE 11/1/90 PROPOSED BOUNDARIES
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EXHIBIT A-7
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473.50'
{l091 (566-300-03) A.....m.n! No. 24
, - ,457.07'
I
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-
REFERS TO APN (TYP.)
REFERS TO HOUSE STREET NO. (TYP,)
v.o. AXI04
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Ol'lAWH .v A.R.R T:tTLI!: 1911 BLOCK ACT - PHASES XIX THfilJ XXII
.
OATil: 11/1/90 PROPOSED BOLINOARIES
I ·1/
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, , EXHIBIT A- 8
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,
j IMPRoVEMENTS INClUDE; DRIVEWAY 8 S/W
¡
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OAAWH BY A.R.R T::tTLE 1911 BLOC/( ACT - PHASES XIX THRU XXII
OATE 11/1/90 PROPOSED BOl/¡VOARIES
14/·/~' . .
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'. EXHIBIT A- 9
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,
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IMPROVEMENTS INCLUDE: -
CURB, GTR., S/W 8 D/W
\ I-
\ (f)W IMPROVEMENTS INCLUDE:
~> CURB, GTR, S/W 8 D/W. .
iL.<t ,
11.0. AXI04
8HT.9 0"148HT8
DRAWN .y A.R.R TITLE 1911 BLOC/( ACT - PHASES XIX THRU XXII
DATI!: 11/1/90 PROPOSED BOUNDARIES
1'1-1.1
,
- ,-..-..,.---- . ---..-.'.-
--
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EXHIBIT A -10
.
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-
A.....m.nt No.'" ~
(570-131-02 ) .
WJ
- 355':t
IMPROVEMENTS INCLUDE: C a G, S/W, /)/W. e
, BONITA ~VEMENT ROAD
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D"'AWH IIY A. R. R T%T1.1!: 1911 BLOC/( ACT - PHASES XLY TffRlJ XXI]
JOATI!: 11/1/80 PRCPOEEO BOlfNOARIES
11ì-1¥ -
--... -------_.._._~_._~-_.-
--....---"---.
" -
EXHIBIT A- II
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DRAWN BY A.R.R TZTLE j911 ELOC/( ¡1CT - PHAE£S XIX THEY XXII
~OATE 11/1/90 I PRCPOSED BOLINDA/IIES
¡fl· J. .,' "
-_._~_._----------
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. . EXHIBIT A-12
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,,' '~ January 21, 1992
File No.: AX-I04
AGENCY: City of Chula Vista
PROJECT: 1911 Block Act - Phases XIX-XXII Cash Contract
TO: City Council, City of Chula Vista
ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS
OF CHAPTER 27 OF THE "IMPROVEMENT ACT or 1911",
AND SPECIFICALLY SECTION 5882 THEREOF
The CITY COUNCIL of the CITY OF CHULA VISTA, STATE OF CALIFORNIA, has
initiated proceedings pursuant to the provisions of Chapter 27 of the
"Improvements Act of 1911", convnencing with Section 5870 of the Streets and
Highways Code of the State of California, for the i nsta 11 at ion and
construction of certain works of improvement, together with appurtenances, in
a special assessment district, said assessment district known and designated
liS 1911 BLOCK ACT - PHASES XIX - XXII CASH CONTRACT (hereinafter referred to
as the "Assessment District").
WHEREAS, the property owners were noticed in the manner and form as authorized
by law, and a public hearing was held and the property owners did not commence
the construction within the sixty (60) day period, as authorized and required
by law; and
WHEREAS, the City did then authorize the construction and installation of the
works of improvement, and upon completion of the construction, the designated
Superintendent of Streets has prepared the necessary "Report" setting forth
the final costs of construction and i nsta 11 at i on, including incidental
expenses, and a description of all property benefited from the works of
improvement and to be assessed therefor; and,
WHEREAS, the City authorized collection of each assessment of $50.00 or more
remaining unpaid for thirty (30) days after the date of recordation of the
diagram and assessment for this improvement concurrent with and by means of
the Tax Assessor's Role over a period of ten years at an interest rate of
seven percent (7%) per annum. :
I, the appointed SUPERINTENDENT OF STREETS, submit herewith the following
"Report" for approval and final confirmation, and do hereby set forth the
total costs and expenses of the improvements and assess said costs against the
parcels within the boundaries of the Assessment District in direct proportion
to the benefits received. The costs to be assessed are set forth as follows:
,4/.,.J ~
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I. CONSTRUCTION
A. Caves Construction
UNIT
DESCRIPTION OUANTITY 1!till WI AMOUNT
Remove A.C. 13,985.5 S.F. $ 1.00 $ 13,985.50
Remove Curb 254.50 L.F. 10.00 2,545.00
Remove Concrete Slab 2,058 S.F. 1.50 3,087.00
Remove A.C. Berm 941. 5 L.F. 1.50 1,412.25
Remove Exist. Improvements $5,500 L.S. 5,500.00 5,500.00
Excavation and Grading $28,200 L.S. 28,800.00 28,200.00
Saw Cutting 1,914.5 L.F. 1.00 1,914.50
Asphalt Concrete Paving 438.75 TONS 50.00 21,937.50
6" Asphalt Concrete Berm 136.5 L.F. 4.00 546.00
Aggregate Base 615.7 TONS 20.00 12,314.00
Concrete Curb & Gutter 1,451.5 L.F. 12.00 17,418.00
4" Concrete Slab (sidewalk) 12,883 S.F. 2.00 25,766.00
Pedestrian Ramps 272 S.F. 10.00 2,720.00
6" Concrete Slab (driveway) 7,815 S.F. 3.00 23,445.00
Property Restoration $14,050 L.S. 14,050.00 14,050.00
Adjust Sewer Manholes 2 EA. 250.00 500.00.
Traffic Control $2,710 L.S. 2,710.00 2,710.00
Reconnect Water Meters 5 EA. 150.00 750.00
TOTAL CONTRACT COST $178,800.75
Liquidated Damages 1 DAY $500 (500.00)
CONSTRUCTION SUBTOTAL $178,300.75
B. Material Testing (USTE, Inc.) $890.90
C. Relocate Water Facilities (Sweetwater Authority) $12,805.76
CONSTRUCTION TOTAL $191,997.41
II. INCIDENTAL EXPENSES
A. Engineering, inspection, construction $217,657.59
staking - staff time from point of
inception to November 5, 1991 -
$85,088.97 x 2.558 (full cost recovery factor ,
B. Miscellaneous Supplies and Expenses $ 720.00
TOTAL INCIDENTAL EXPENSES $218,377.59
III. TOTAL CONSTRUCTION AND INCIDENTAL EXPENSES $410,375.00
I'{J-:J.,,/
...---~_._.- ---- -----...--.-'" . _._..,_._-------~-,~.
IV. CONTRIBUTION BY CITY
A. City Contract Costs
1) Caves Construction $49,401.01
2) Material Testing 890.90
3) Relocate Water Facilities 12,805.76
CITY CONSTRUCTION TOTAL $63,097.67
B. City Incidental Costs $218,377.59
TOTAL CONTRIBUTION BY CITY ($281,475.26)
V. BALANCE TO ASSESSMENT $128,899.74
VI. ASSESSMENTS
(See attached Table 1) .
VII. Construction Quantities by Parcel
(See attached Table 2)
This "Report" is herehy prepared, submitted and filed with the City Clerk on
the day of , 1992.
Superintendent of Streets
City of Chula Vista
State of California
..
I, BEVERLY AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, do
hereby cert ify that the foregoing Assessment, together with the Diagram
attached thereto, was filed in my office on the day
of , 1992.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, BEVERLY AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, do
hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was approved and confirmed by the City Council of said city
on the day of ; 1992.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
-3-
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V. ASSESSMENTS
TABLE I
Assess. Legal Actual
-t!2... Address Owner DescriDtiOn Assessment
1 554 Glover Ave. Schramm $656.61
2 564 Glover Ave. Patron 611.61
3 568 Glover Ave. West 616.61
4 572 Glover Ave. Loren 490.90
5 672 Cedar Ave. Bautista 424.90
6 673 Cedar Ave. Nevi 11 s 263.20
7 1205 Hnibp Dr. Turner 3,061.37
8 15 E. Oxford Dr. Martinez 4,553.19
9 19 E. Oxford Dr. Lukas/Rivera 5,459.76
10 29 E. Oxford Dr. Ledesma 5,809.17
11 35 E. Oxford Dr. Reinke That parcel of property 5,286.16
12 41 E. Oxford Dr. Ryan as shown on the assessment 6,2B2.21 .
13 45 E. Oxford Dr. Delmas diagram as approved 9,463.29
14 47 E. Oxford Dr. Cuen by the City Council, filed 8,008.45
15 51 E. Oxford Dr. Wade in the Office of the City 5,863.78
16 4 Date Ave. Paulino Clerk and filed in the Office 1,291.50
1B 15 Second Ave.· Hudson of the County Recorder in 1,349.46
19 25 Second Ave. Mag ill Book ._.._. Page , Maps 1,307.92
21 158 First Ave. Board of Assessment Districts 1,006.61
22 158 First Ave. Board 1,381.21
23 103 Second Ave. Ramage Estate 1,244.22
24 109 Second Ave. Ramage Estate 1,190.62
25 ):, 115 Second Ave. Ramage Estate 1,179.42
26 33 Davidson St. Lee-Morales 347.20
27 29 Davidson St. Boach 632.61
28 32 Davidson St. Paxton 506.90
29 34 Davidson St. Pil chen 1,233.31
30 75 D St. Sanchez 669.71
31 67 D St. Perrott 658.01
32 116 Fi rst Ave. Bodge 2,056.57
33 97 Fl ower St. Jordon 2,606.11
34 97 Fl ower St. Jordon 4,076.86
35 91 Flower St. Sumpter 7,202.74
36 73 Bonita Rd. Bonita 17,193.64
Baptist Church
37 204 H St. Perez 2,648.48
38 514 Second Ave. Torres 1,494.33
39 15 N. Fourth Ave. WIN Properties 1,525.42
40 362 Hilltop Dr. Ward 3,928.09
41 81 Third Ave. Moore 1,730.21
42 40 Davidson St. Boltz 0
43 119 First Ave. Norgard 13,587.38
TOTALS $128,899.74
WPC 5844E
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COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 1/21/92
ITEM TITLE: Report on purchase of four transit buses
SUBMITTED BY: Director of Public WorkS~
REVIEWED BY: City Manage~ (4/5ths Vote: Yes___No-K-)
On December 20, 1991, the ity of Chula Vista Purchasing Agent received bids
on behalf of SCOOT for four transit buses for the Chula Vista Transit (CVT)
fl eet. These buses wi 11 be used pri maril y for Route 708 operat i on to the
Nature Interpretive Center, and will replace the Flxette buses that have been
used on that route. Four bids were received; the low bidder was Sunset Bus
and Commercial Inc. , di stri butor for Goshen Coach, Elkhart, Indiana in the
amount of $323,259.35, or a unit cost per bus of $80,814.84. A picture of the
bus is attached for Council's information. The proposal submi tted by Sunset
Bus and Commercial, Inc. meets the bid specifications issued by SCOOT.
RECOMMENDATION: That Council recommend to SCOOT Board that the Board accept
the bid and award a contract to Sunset Bus and Commercial, Inc. for four buses
to be manufactured by Goshen Coach, Inc.
BOARDS/COMMISSIONS RECOMMENDATION: Not appl icable.
DISCUSSION:
Bids from four companies were received as follows:
ComDanv Bid (Tax Included)
1. United Bus Corporation - Bell Gardens, CA $366,966.73
2. Graham Brake and Diesel - Chatsworth, CA 359,755.71
3. A-Z Bus Sales, Inc. - Colton, CA 359,435.98
4. Sunset Bus and Commercial, Inc. - Santa Ana, CA 323,259.35
The bid from Sunset Bus and Commercial, Inc. was $36,176.63 below the second
lowest bidder, A-Z Bus Sales, Inc.
Sunset Bus and Commercial, Inc. is the west coast distributor for Goshen Coach
and the bus that wi 11 be manufactured for SCOOT under thi s contract is the
Sentry ML, shown in the attachment. The bus is 30 feet long, accommodates 25
seated passengers, 2 wheelchair tiedown pos it ions (as required by the
Americans for Di sabil it i es Act) , is powered by a Cummings 160 horsepower
diesel engine, and is built on an Oshkosh chassis. There are three opt i ona 1
items that staff is recommending be added to the bid price: one additional
flip seat in the wheelchair tiedown position; a camlock system to supplement
wheelchair securement; and reinforced front and rear bumpers. These items
amount to a total of $6,124.76 (including tax), or $1,531.19 per bus, and will
result in a total cost for four buses of $329,384.11. This cost is $30,051.87
below the second lowest bidder.
Delivery of the four buses is within 120 days of contract award.
FISCAL IMPACT: Sufficient funds for the four buses are contained in the FY
1991-92 SCOOT budget. Transportation Development Act (TDA) Article 4.0 funds
will finance the cost of the buses.
WPC 1522T:File: DS-028 IS'"
.--.-----.-----" "" . ._.~~.._-_.- .._,..._.,------_.---~.~---_.__.-
The Sentry ML is a mid-sized passenger bus that Less flex means better handling as well as rugged
is perfect for urban or rural transit use. Comfortable durability and load support
seating and large windows also make it an ideal Sentry ML is available in a variety of sizes
tour bus. and floorplans, powered by a gas or diesel engine.
Sentry ML is designed for the maximum Whether its for transit or tour use, your bus
safety and comfort of your passengers. should embody the perfect balance of safety,
Our steel-frame N comfort, performance
construction surrounds and reliability. Before
passengers with a you compromise any of
protective steel cage. these standards, we
The integral one-piece invite you to consider
body structure Sentry ML, from The
responds to road stress ! New Goshen Coach
as a single unit. Corporation.
1809 W. Hively Avenue · Elkhart, IN 46517' (219) 293·3500 · Fax: (219) 293·3097
IS''' .3
.....&.&.IM&u.l.LIo:ot iLI.L LAJlILrJOIlr'--I,r-trlolJl'l'Tl"ll'l...........
710/92 12: 16 '&714 554 2026 SVNSET MTRS BUS. , ' ~002
- '¡HlO¡-.LI<J-·~", fl<1 1<J:.i.< w,.., 1'1' U" U1I.J1.J.i V,=IH 1t:L NO:FAX 619 6!:i1 ~171 1*949 1"02
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TllB CITY OF CllUIA VISTA PARTY DlSCLOSl1lΠSTATBMBNT
., ..... ..
Statemll1t of dilc1olU1'e of eertaIn ownership intclWltl, payments, or C!Unpaign oontributions on an matter.
which will require discretionary action on the part ot the City Council. PlaJ1Din¡ Commission. and an other
ofticlaJ. bodies. The following hú'omœtion must be disclosed: .
1. Ust the ~1I""es of all persons havin¡ a fin"nçfll' interest in the contract, i.e., contractor, subcontractor,
Mil""'" aupplie:t.
'Snn~A~ Hus & Commercial Inc. Goshen Coach Corporation
2. If any penon Identified pursuant to (1) above is a COlpCIl..tion or partneJ:sbip, list the names of all
individuals owning more than 10"; of the shares in the corporation or ownin¡ any patIDelship interest
in the psrtnlll'lhip. ...
Ed Cox
3. rt any person i4entifieci pursuant to (1) above is fton·prot'it o¡ganimtion or a trust, nit the names of any .
person serving as dimtor of the non-profit o¡ganlz.ation or as trustee or bencñclmy or trustor of the
crust.
None
4. Have you had more than $250 worth of buliness transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes_
No..xx.. If yes, please Jndk.atc person(I): . . .
S. Please identify each and ~ery person, including any agents, employees, consultants or independent
eontracton who you have assigned to represent you before the City in this matter.
r.:-pnø ~nrnfnrt:
'Þ.d ~ox
Don Cox
6. Have you and/or your ofnoers or a¡tnts, in the &¡¡regate,contrlbuted more than $1,000 to a
Councilmembet in the current or preœdin¡ e1ectionperlod'I Ye$ _ NO'::'" If:yea, state which
Councilmember(s): .
lIœm. ÍI defined u: "Any Indlv/åøl. rum, œ-panllbVùp, joint _1ft', øøodluicm. ROdIll dub, þøJmW ~,
_,,.nølø1l. --, nwr, rmrIlW', ~, rhú tm4 tUtJ' ørMr _trty, dty fIIIIl cøUtlh)t, city, rmmlcipalUy, dt81ri«", ØlMrpolitlcøl
~, "'4I"J' Øl7Iø I"IIUP or lItmIblllazJO/l aaùIg III « 1IIIIf.· . .
(NOT£; Abell """Io, œlll papa. -.az¡) ~--.
Dale: 1/In/Q,
Si¡natUø of contra Hcant
Gene Co ort
{A-lIJI.·'-"" 'IX!] /S;'/ Print or type Dame otcontrGtor/applicant . þ¥IIMI u~. .
Item No. IIÞ
Date -1þJ/n-
.ilL. PUBLIC HEARING TO CONSIDER AMENDING THE MASTER FEE
SCHEDULE TO ESTABLISH FEES FOR SPECIAL
EVENTS (CONCERTS, CIRCUSES, CARNIVALS) TO
FULLY RECOVER STAFF COSTS
As necessary staff work and ratification of community groups not
completed, staff recommends item be postposed and rescheduled for
Public Hearing at a later date.
I ·¡
- ~------_.~.._.. ----~.._.,.- __ _0··_____._,_,_..
ITEM NUMBER: ~/J,
RESOLUTION NUMBER:
ORDINANCE NUMBER:
OTHER: fJVßL/~ }/.£II~/N(i.
ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM
DATE:
(AGENDA PACKET SCANNED AT ABOVE DATE)
ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO
DATE:
MISCELLANEOUS INFORMATION:
~éS(!NçlJlltE/J Td A tArEIt.
ÞAT, (VAlIINOWll )
,-----.-,"--<--"-_... ...------------
COUNCIL AGENDA STATEMENT
Item "
Meeting Date 1/21/92
ITEM TITLE: Public Hearing: PCC-92-13, Appeal of Planning Commission denial of
a request for modification to a conditional use permit for a thrift store at
741 Broadway - Skill Centers of America
Resolution J" l/,sDenying the appeal of PCC-92-13
SUBMITTED BY: Director of Planning ;{jjtt
REVIEWED BY: City Manage&' (4/5ths Vote: Yes_No X)
The applicant, Skill Centers of America, is appealing a decision of the Planning Commission to
deny a request to modify a condition of approval for a Conditional Use Permit to operate a thrift
store, approved by the Zoning Administrator on October 22, 1991. The proposed thrift store
operation at 741 Broadway would occupy approximately 9,400 square feet of lease area, and
would include the sale of used clothing, appliances, furniture, etc.
The original application was approved by the Zoning Administrator subject to conditions
primarily related to parking. Due to the lack of adequate on-site parking for a retail store
coupled with a change of use, one of these conditions included the limiting of clothing sales to
1,000 square feet of floor area. The applicant is hereby requesting that this condition be
modified to permit 6,000 square feet to be used for clothing display and sales.
The proposal is exempt from environmental review.
RECOMMENDATION: That Council adopt the resolution denying the appeal ofPCC-92-13.
BOARDS/COMMISSIONS RECOMMENDATION: On December 18, 1991, the Planning
Commission voted 6-1 to deny the applicant's request to modify PCC-92-13.
The request considered by the Planning Commission was to allow the use of 7.000 square feet
of the floor area for clothing sales, but has since been reduced to 6,000 square feet after some
recalculations by the applicant. This reduction, however, would not change the basic reasons
for the staff recommendation.
11-1
- ---- -------+.-...--'"----.--..-....--..--..--
Page 2, Item J?
Meeting Date 1/21/92
DISCUSSION:
Adiacent zonini and land use:
North - CT Waterbed Sales
South - CT Auto Sales
West - CT Auto Sales
East - R2 Residential
Existin~ site characteristics
The lease site is 14,940 square feet (.34 acres), and is located on the east side of Broadway,
midway between "J" and "K" Streets. The 9,450 square foot retail space on this site was last
occupied by an appliance store, and is currently vacant. A 20 foot asphalt driveway at the south
side of the store leads to the dead-end parking area at the rear of the lot; this parking area
measures 95'x40' (see attached site plan), which can accommodate ten standard parking spaces
with a slightly substandard (21 foot) backup area, and no turnaround area.
Prooosed use
In September of this year, Skill Centers of America applied for a Conditional Use Permit, as
required for secondhand clothing sales, for the site at 741 Broadway. The permit was approved,
but clothing sales was limited to a 1,000 square foot area due to limited on-site parking, with
the remaining area to be used for appliance and furniture sales and employee work activities
such as sorting and preparing the donated goods for sale. Other conditions of this decision also
dealt with parking and circulation, as well as required city permit approvals.
The applicant has stated that the majority of the floor area is needed for clothing sales in order
to make this a viable business, and is therefore requesting that condition No.2 contained in the
Zoning Administrator's letter approving Conditional Use Permit PCC-92-13 (see attached letter
dated October 22, 1991) be modified to permit 6,000 square feet rather than 1,000 square feet
of clothing display area. (Note: the floor plan submitted with the original application shows only
about 4,000 square feet for clothing sales, but the applicant has stated that the plan is only
conceptual and the request is actually for 6,000 square feet).
Analysis
The applicant has agreed with all of the conditions of approval of PCC-92-13 with the exception
of the limitation on clothing sales area. As this condition was imposed because of the lack of
adequate parking on-site, the sole item in question is that of acceptable parking. The zoning
code requires that retail uses such as clothing sales provide one off-street parking space per 200
square feet of floor area, whereas retail uses such as appliance and furniture stores require only
I~J.
,-,-- .-....-..-..-.---....
Page 3, Item J?
Meeting Date 1/21/92
one off-street parking space for every 600 square feet of floor area. As mentioned previously
in this report, only nine parking spaces are available on-site.
The Zoning Ordinance requires the City's current parking standards to be met whenever a use
is established (CYMC 19.62.010). Since many of the older commercial sites along Broadway
have little, if any, on-site parking, it has been the practice of the Planning Department to allow
changes of use as long as the new use creates no more demand for parking than the previous use
(regardless of how much parking is provided). This is based on the approach that a change of
use should at least not exacerbate an existing parking deficiency.
In this instance, the building was previously occupied by an appliance store. Because of
generally lower parking demand for this type of use as opposed to most other retail uses,
appliance stores (as well as furniture stores) are required to provide only 1 parking space for
every 600 square feet of floor area. Other retail uses, such as clothing sales, however, generally
create a much greater demand for parking and are therefore required to provide 1 parking space
for every 200 square feet of floor area. At this site, a parking ratio of 1 space per 200 square
feet for retail clothing sales would require 47 parking spaces, versus the 16 spaces that would
be required by a ratio of one space per 600 square feet for appliance and furniture sales.
Furthennore, it has been our experience that thrift stores generally have very high activity levels
and create more of a demand for parking than many other retail uses. Therefore, the change
from appliance store to thrift store with clothing sales would exacerbate the parking deficiency
(although the available parking is inadequate to serve either use per code).
Rather than deny the request, the Zoning Administrator applied the reasoning that an allocation
of 1,000 square feet for retail clothing sales could be justified on the basis that thrift stores
usually need to devote a significant amount of floor area to "receiving and sorting" that would
nonnally not be required of other uses and which generates no demand for parking. Therefore,
the thrift store, with only 1,000 square feet of clothing sales, would equate to appliance sales
considering the unique "receiving and sorting" component.
In support of the requested modification, the applicant points out that on-street parking exists
on both sides of Broadway between J and K Streets, and that such parking has proven adequate
for larger thrift stores run by Skill Centers of America in other areas of the county.
Additionally, three nearby businesses - Fuller Ford, Vista Palms Car Wash, and T & D Truck
Tops West - have written letters stating their support of the applicant's use of on-street parking
(please see attached for applicant's statement and related letters).
Conclusion
The existing on-site parking is inadequate per code to serve either appliance sales or thrift store
with clothing sales. The allowance of greater than 1,000 square feet for clothing sales, however,
would likely exacerbate the parking problem and thereby force more parking onto the street to
1'1' J
.. . ,,'.'-'.'- ..- __ u_ _____ ____,__"_.____.__,_._",_.____",,,_._ _.. _ _~_
Page 4, Item I'
Meeting Date 1/21/92
the detriment of adjacent uses and businesses which might also utilize this resource to
supplement on-site parking. For these reasons, staff cannot support the request.
Findings
In order to approve the original application for PCC-92-13, the following findings were made
by the Zoning Administrator:
1. That the proposed use provides a desirable service to the community by providing
products to residents at prices lower than those of new goods. Additionally, the applicant
is non-profit organization and proceeds from sales are used to provide training for the
physically and economically disadvantaged.
2. That the majority of the floor space would be utilized for furniture and appliance sales,
which have been conducted at this site in the past. Conditions have been placed upon
the approval which would mitigate potential concerns regarding the parking area;
therefore, the use would not be detrimental to the welfare of persons residing or working
in the area.
3. That the use would comply with all applicable codes, regulations, and conditions prior
to and during business operation.
4. The granting of this permit would not have any adverse effects upon the General Plan.
The second fmding was based upon the limitation of clothing sales area. Considering the severe
shortage of on-site parking for this use and the possibility that on-street parking will be
impacted, neither staff nor the Planning Commission could make the fmding that this use would
not be detrimental to the general welfare of persons residing or working in the vicinity.
Parkine: variance
The City Attorney has determined that, should the Council desire to approve this application,
it will be necessary to approve a parking variance as well in order to address the parking issue.
The findings required for a variance are as follows:
1. That a hardship peculiar to the property and not created by any act of the owner exists.
2. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same wning district and vicinity.
3. That the authorizing of such variance will not be of substantial detriment to adjacent
property .
1'1-'1
.-'--"-"-- .
Page S, Item J?
Meeting Date 1/21/92
4. That the authorizing of such variance will not adversely affect the general plan of the
city.
If the Council should decide to approve the application, it is recommended that staff be directed
to return to Council with final resolutions containing appropriate findings in support of its
actions.
FISCAL IMPACT: Not applicable.
(skilIctr.A1l3)
''I-$' /1'1-~
_ ___.~____ .' _ _ _________·__~___.._'_··___m_____~_._
RESOLUTION NO. I~ '175"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL OF SKILL
CENTERS OF AMERICA TO MODIFY THE ZONING
ADMINISTRATOR'S CONDITIONS IMPOSED IN
CONDITIONAL USE PERMIT PCC-92-13
WHEREAS, Skill Centers of America ("Applicant" ) has
applied for a Conditional Use Permit to operate a thrift store at
741 Broadway, proposing thereat 9,400 square feet of space for use
in conjunction with the sale of clothing, appliances, furniture,
and other similar commodities; and
WHEREAS, the Zoning Administrator has, on October 22,
1991, pursuant to the authority granted to him by Municipal Code
§19.14.030 granted Conditional Use Permit PCC-92-13 by which the
Applicant would have the authority to operate a thrift store at
said location, but imposed among other conditions, the condition
that no more than 1,000 square feet of said floor area may be used
in conjunction with the sale of clothing items ("Clothing Sale
Floor Space Limitation Condition"); and
WHEREAS, the Applicant has objected to the imposition of
the Clothing Sale Floor Space Limitation Condition and appealed the
imposition of said condition to the Planning commission thereat
requesting the use of 7,000 square feet of the floor area for
clothing sales; and
WHEREAS, on December 18, 1991, the Planning commission
denied Applicant's request to modify Conditional Use Permit PCC-92-
13 in the manner requested by Applicant or in any manner
whatsoever; and
WHEREAS, thereafter and in a timely manner, Applicant has
appealed the decision of the Planning Commission and the Zoning
Administrator to the City Council.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby find, resolve and order as
follows:
section l. The application for modification and the
original application for a Conditional Use Permit is exempt from
environmental review by virtue of the provisions of Public
Resources Code §15305.
1
/ ?-'}
_m...__... .. .---..-..--... . -----..---.----.......
Section 2. The appeal of the applicant of the conditions
of Conditional Use Permit PCC-92-13, as' originally imposed by the
Zoning Administrator is hereby denied.
Presented by
Robert A. Leiter, Director of , City
Planning
C:\RS\skill center
2
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December 24, 1991
City of Chula Vista
276 Fourth Ave.
ChuIa Vista, CA 91910
Dear City Council:
I wish to appeal the Planning Commission's decision, request for modification to Conditional Use Permit
PCC-J 2-13, for a Thrift Store at 741 Broadway - Skill Centers of America.
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Æ~~ O. Davis
President/CEO
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PLANNING DEPARTMENT PLANNING
october 2, 1991
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The Chula Vista PlaMing Department h.. received an application for
a conditional use permit filed by Skill Center. of America, a non-
profit organization, requesting permission to operate a thrift
store at 741 Broadway. The proposed opetation will include the
sale. of' åonated merchanåise, ili~l..J.i.n~ .""'''i,Jl.a''':& ":',,t:i;;''''''',
furniture, appliances, and miscellaneous household items. A plot
plan and legal description of the property are on file at the
PlaMing Department.
This application will be considered by the Zoning Administrator on
October 22, 1991. Any comments you have pertaining to this matter
must be rec v. by this office no later than noon on October 21,
1991.
~rif:'n
Senior PlaMer
Case No: PCC-9~-13
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T & D TRUCK Tar3 WEST
720 Broadway
Chula VlsIa. CA 91910
(619) 420-0900
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IIIE1iII Fuller Ford
76C BROADWAY . CHULA VISTA, CA 92010-5:385 . (619) 426-4440
December 3, 1991 .
To: Chu1a Vista Planning Department
Re: Skill Centers of America
After speaking with Mr. Keith Davis regarding his new
location at 741 Broadway, r can think of no reason that
his operation would cause any more parking problem than
any other business that might locate on that site.
r understand that Mr. Davis is appealing a parking limi-
tation that was imposed on his operation. I would sup-
port that appeal as long as it is in accordance with
existing parking guidelines on Broadway.
r wish Mr. Davis and Skill Centers of America much success
in their new location.
.
SinCer~IY' It
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Douglas G. Fuller
President
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CHULA VISTA
PLANNING DEPARTMENT
OctoDer 22, 1991 ,
Keith Davis .
Skill Centers of America
4160 Cartaqena Drive
San Dieqo, CA 92115
SUBJECT: Conditional Use Permit application for a thrift store at
741 Broadway.
.
Dear Mr. Davis:
The Zoninq Administrator has considered your request for a
Conditional Use permit to operate a thrift store, includinq the
sale of used clothinq, furniture, and appliances, at 741 Broadway.
The proposal is exempt from environmental review. After reviewinq
your proposal, includinq sUDmitted site and floor plans, as well as
the pUDlic comments received, the Zoninq Administrator has Deen
aDle to make the requird findinqs to qrant your request which is
hereDY approved sUDject to the followinq conditions:
1. 1,000 square feet of floor area within the rear area of the
store shall De set aside for the sortinq and processinq of
qoods for sale.
2. A maximum of 1,000 square feet shall De allowed for the
display and sale of clothinq.
3. A revised floor plan shall De suDmitted for approval prior to
the issuance of a Dusiness license. This floor plan shall De
reviewed and approved DY the Buildinq , Housinq Department
(contact Alex Saucedo @ 691-5007) and the Fire Department
(contact Mike Horsfall . 691-3305) as well as the Planninq
Department prior to issuance of a Dusiness license.
4. The parkinq area shall De re-striped accordinq to the attached
sketch; this will allow for standard parkinq spaces accordinq
to city standards. Additionally, one space will De designated
as a 'no parkinq' space to allow for cars to turn around
should the parkinq area De full.
/7*"'1
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 9'9'0116'9) 69'-5'0' -
--------.-----...- . .-....._..
skill Centers of America
Page 2
Oc:tober 23. 1991
5. Deliveries and loading activities, other than. customer pick-
up, shall take place either before or after regular business
hours.
6. A 'no parking' sign shall be posted on the rear (east)
elevation of the building. .
7. 'No parking signs shall be posted on the south elevation of
the building, along the driveway.
I
8. The applicant will be responsible for any damage to the fence
at the east property line caused by the thrift shop's .
operations or customers. Such damage will be repaired by the
applicant within 30 days of written request for such by the
property owner. .
9. Building permits are required for any structural remodeling
. and any electrical work, including sign installation.
Failure to comply with any condition of approval shall cause this
permi t to be reviwed by the City for. additional conditions or
revocation.
Findings of fact are as follows:
1. The proposed use provides a desirable service to the community
by providing products to residents at prices lower than those
of new goods. Additionally, the applicant is a non-profit
. organization and proceeds from sales are used to provide
training for the physically and economically disadvantaged. .
2. The majority of the floor space will be utilized for furniture
and appliance sales, which have been conducted at this site in
the past. Conditions have been placed upon the approval which
will mitigate potential concerns regarding the parking area;
therefore, the use will not be detrimental to the welfare of
persons residing or working in the area.
3. The use shall comply with all applicable codes, regulations,
and conditions prior to and during business operation.
4. The granting of this permit will not have any adverse affects
upon the General Plan.
J ?"~:J..
CITY OF CHULA VISTA
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Skill Centers of America
Page 3
October 23. 1991
.
You bave the right to appeal this decision to the Planning
Commission. A completed appeal form along with a fee of $125.00
must be received by this office within ten days of the date of this
letter. Forms are available from the Planning Department. In the
absence of said appeal the decision of the Zoning Administrator is
~~ .
Steve Griffin, AICP .'
Senior Planner
cc: City Clerk
.
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CITY OF CHULA VISTA
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4èÞ 0 November 21, 1991
City of Chula Vista
Planning Department .
Dear Planning Department Chairperson: :
We are sending this letter in response to a ruling on our
application for a conditional use permit for a store located at 741
Broadway in Chula Vista. We are respectfully requesting a
modification of that ruling, in regards to the limits placed on our
retail space at said location.
Skill Centers of America is a'non-profit organization that provides
skill training for physically handicapped and economically
disadvantaged individuals. Through our Vocational College that is
licensed and certified by the State Department of Education, and
other divisions throughout our organization, we offer formal
educational and employment opportunities to many people throughout
the community. With approximately 60 people currently employed,
and approximately 35 students per term for the last two terms,
Skill Centers' impact on the communities of San Diego County is far
and wide, and continually growing. We do not solicit any
government funds, and depend solely on the private sector to help
support the educational programs we offer to the community.
We know that by obtaining this site, we will not only help the
. economy by employing approximately 20 to 25 more individuals, both _
on and off the site, but we will also be able to help generate the
revenue to provide educational grants and scholarships to help an
additional 30 to 40 physically handicapped and disadvantaged people
year in and year out.
As to your ruling that our retail space must be limited to 1000
square feet due to a lack of adequate parking, it has been our
experience with our other stores located in San Diego County, as
well as our research of the surrounding properties and businesses,
that the parking is not only adequate, but including the available
on-street parking, there is more parking than we would ever need.
We operate a store at 6195 University Avenue, which has
approximately 20,000 square feet, and approximately eight parking
spaces available on the property. With the. use of on-street
parking, and after over five years of business .at this location, we
have had no complaints from nearby businesses or customers.
I~ ONe. mM. ffIh. INd him for. dIy.
a ToechhimlO".",__forllflt.
4160 Cartagena Drive, San Diego, CA 9211J.. Fax (619) 286-3973. (619) 286-6001
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Page Two
At the proposed Chula Vista location, one of the things that will
insure a continued flow of traffic is the fact that you have two-
hour limited street parking, so if the street parking is utilized,
in addition to the off-street parking at the rear of the building,
customers could not monopolize the parking spaces for . any long
period of time.
Our research also concludes that, south of our store on the same
side of the street at 795 Broadway, there ~re approximately seven
curbside parking spaces not being utilized by the Vista Palms Car
Wash. Attached you will find a letter from the owner stating this,
and that he sees no problem in others using these spaces.
In addition, across the street is the Rodeway Inn, and the Moana
Motel, neither having need for the curbside parking spaces.
Between these two establishments, there are approximately five
parking spaces available.
You will also find a .letter attached from Fuller Ford, located
adjacent to our building, and Palms Home Auto Sales located next to
it, both having available curbside parking spaces. All these
businesses' combined curbside parking spaces total approximately 33
parking spaces, including the five spaces in front of our building.
In light of thís information, and the fact that Skill Centers of
America, established in 1986, uses revenue from the sale of
merchandise to help us to continue providing educational
opportunities to hundreds of physically handicapped and
economically disadvantaged residents year after year, we request
that the Commission grant us at least 7000 square feet of retail
space in our store located at 741 Broadway.
This being the only modification we deem necessary in the
conditional use permit, we will adhere to all other requests of the
planning commission. However, it would be difficult to operate
restricted by· the retail aspect of the business, which is a
primarily significant· component, on which the success of our
organization relies.
Thank you for your time ànd consideration. I look forward to
hearing from you.
-
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RESOLUTION PCC-92-13
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING A REQUESTED MODIFICATION TO A
CONDITIONAL USE PERMIT
WHEREAS, a duly verified application for modification of
an approved conditional use permit was filed with the Planning
Department of the City of Chula Vista by skill Centers of America
on November 22, 1991, and
WHEREAS, said application requested a modification to
permit 7,000 square feet rather than 1,000 square feet of clothing
sales and display within the thrift store, and
WHEREAS, the Planning Commission set the time and place
for a hearing on said conditional use permit modification
application and notice of said hearing, together with its purpose,
was given by its pUblication in a newspaper of general circulation
in the city and its mailing to property owners within 500 feet of
the exterior boundaries of the property at least ten days prior to
the hearing, and
WHEREAS, the hearing was held at the time and place as
advertised, namely 7:00 p.m. , December 18, 1991, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed, and
WHEREAS, the Planning Commission found that the scarcity
of on-site parking combined with the higher demand for parking
created by the proposed modification would be detrimental to the
general welfare of persons residing and working in the vicinity,
and, therefore, recommended denial of the proposed modification.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 18th day of December, 1991, by the fallowing vote,
to-wit:
AYES: Commissioners Carson, Casillas, Decker, Martin,
Tugenberg, and Tuchscher
NOES: Commissioner Fuller
~ÆU. 0~u/k
Susa Fuller, Chairman
ATTEST:
,
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PC Minutes -3- December 18, 1991
ITEM 2: PUBLIC HEARING: REQUEST FOR MODIFICATION TO CONDITIONAL
USE PERMIT PCC-92-13 FOR THRIFT STORE AT 741 BROADWAY - Skill
Centers of America
Senior Planner Griffin, using the overhead projector, showed the location of the proposed project
and the available parking spaces. Mr. Griffin said the Skill Centers had applied for and was
granted a conditional use permit by the Zoning Administrator to operate a thrift store including
the sale of used clothing. The Zoning Administrator conditioned the permit on having no more
than 1,000 sq. ft. of floor area devoted to clothing sales because of the limited on-site parking.
The current request was to modify the conditional use permit to allow up to 7,000 sq. ft. of
clothing sales. Mr. Griffin went on to explain staffs rationale to deny the request.
Commissioner Carson asked how many thrift stores were currently in the immediate area. Mr.
Griffin answered that he was aware of one on the east side of Broadway just north of "L" Street.
Commissioner Carson was concerned that with children's clothing being sold, there would be
children getting in and out of cars and going into traffic.
Commissioner Decker asked if other businesses in the area were entirely in conformance with
the parking standards. Mr. Griffm said that had not been evaluated specifically. It varied from
site to site. Usually the properties which had been developed in the last 10 to 15 years would
comply with the parking standards. Those prior to that would generally not comply.
There was general discussion on the amount of floor space used versus number of parking spaces
at the Veterans Thrift Store on Broadway near "L" Street, and the inadequacy of parking spaces
and the problem with double parking and alley parking.
This being the time and the place as advertised, the public hearing was opened.
Keith Davis, 5700 Baltimore, La Mesa, President and Co-Founder of Skill Centers of America,
said they had no problem with parking at their other stores. There had been no complaints from
any other businesses. Regarding the proposed business on Broadway, Mr. Davis said the
curbside parking was not being utilized by the existing businesses nearby, and Vista Palms,
Fuller Ford, and T&D Top had submitted letters of support. Mr. Davis gave some of the
attributes of the Skill Center and the employment opportunities.
Chair Fuller clarified that the purpose of the request was to expand the retail sale of clothing
inside the store, because the sale of clothing brought in more revenue than just appliances and
furniture. Mr. Davis concurred, and noted there would not be the problem of alley parking that
exists at the Veterans Thrift Store because there was not an alley.
Allen Abrams, Hyde Park Drive, San Diego, representing the owner of the property, noted that
the building had been empty for a year and would probably remain empty unless a business of
this type or something less intensive was allowed. He discussed the possible types of usage and
J?":J J
-- - - --- -- --~_..__--.- - - ---_.__...._-_.+-_..._--_.~--_-.-_----.
PC Minutes -4- December 18, 1991
the number of parking spaces required. He said the main problem with the building was the way
the building sat on the lot. Tractor trailers could not traverse the comer to make deliveries of
furniture. He noted that the building may sit vacant for many more years and actually become
much more of a detriment to the community. Mr. Abrams suggested that possibly 40% to 60%
of the people shopping at thrift stores use public transportation.
Commissioner Casillas asked if staff had offered any assistance in terms of relocating to a more
suitable location. Mr. Davis answered that staff had stated that if he could find something, they
would work on something else, but he had not been able to find anything suitable.
No one else wishing to speak, the public hearing was closed.
Chair Fuller asked why staff had not considered the on-street parking that was available. She
had noted open parking in the area at various times. Mr. Griffin answered that the way the
Code was established was that all parking related to a new use was supposed to be on the site.
On-street parking was for overflow. The amount of on-street parking varied from place to place
and from time to time. From staff perspective, they were limited to looking at on-site parking.
Commissioner Tuchscher stated the Mr. Abram had made a good point. He asked Mr. Griffin
if there had been any investigation regarding the clientele and the use of public transportation,
or what percentage of the clientele used public transportation as opposed to driving.
Senior Planner Griffin noted that the applicant had stated that it was his impression that a large
percentage of his clients took public transportation, although a specific figure was never given
to staff.
Commissioner Tugenberg commented that when he went to look at the property, there was
ample parking on the street but there were five cars parked in the existing driveway along the
side of the building. That may account for the reason why there was no one on the street.
Commissioner Casillas questioned the history of the building on "E" Street that was at one time
Burnett Furniture Store where a similar-type use had been requested and denied. Mr. Griffin
concurred and stated that the denial was not based on parking, but more a matter of image in
terms of an entrance into the Town Centre Redevelopment Area.
MSC (Casillas/Carson) 6-1 (Commissioner Fuller voted against) to deny the request to modify
PCC-92-l3.
/ '·3.2.
---.------...---.---.-.--- ,. ------------,- - - ------.-.-,.-..--,.-..-..---..- --~---
. . )
CITY OF CHULA VISTA
PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownershi p interests, payments, or campai gn
contributions, on all matters which will require discretionary action on the part of the
City Counc 11 , Planning COlllllission, and all other official bodi es. The foll owi ng
information must be disclosed:
1. List the names of all persons having a financial interest in the application, bid,
contract, or proposal.
Keith Davis. Founder/CEO
.
If real property is involved, list the names of all persons having any ownership
interest.
2. If any person identified pursuant to (1) above is a corporation or partnership, list.
the names of all individuals owning more than 10~ of the shares in the corporation
or owning any partnership interest in the partnership.
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person servi ng as di rector of the non-profi t
organization or as trustee or beneficiary or trustor of the trust.
Keith Davis. Founder/CEO
4. Have you or any person named in (1) above had more than $250 worth of busi ness
transacted with any member of City staff, Boards, Conrnissions, COlllllittees and
Council wi thin the past twe1 ve months? Yes No X If yes. pl ease i ndi cate
person(s)
5. Have you and/or your officers or agents, in the aggregate, contributed more than
$1,000 to a Counci1member in the current or preceding election period?
Yes No X
If yes, state which Counci1member(s):
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit."
(NOTE: A"." "'i'i"., p.,., ., '''~ ~
Date: 11/22/91 ~. ;í-:=-- J -
Sÿg ure 0 contra r app 1cant
WPC 070lP ., Keith Davis
A-ll0 I -Jr;f Print or type name of contractor/applicant
_.'. .'.,_ ___~_____._____,__.__._·._·.n__ ._.__.__~.____._______.
January 20, 1992
The Honorable Mayor
and City Council Members
of the City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Counci! Members:
This letter is to outline some of the major points in our request to the Planning Commission to modify the
conditional use permit issued to Skill Centers of America, for a Thrift Store located at 741 Broadway. Attached
is a copy of the letter submitted to the Planning Commission.
Skill Centers of America contends that the granting of our request will produce immediate benefits to the community
of Chula Vista, and will not be a hinderance to the productivity and future progress of the business community.
In light of the attached letter, we have completed further research in assessing our needs and the needs of the
community, and would like to submit the following in order to give you a better understanding of the position of
Skill Centers of America.
Jii1l$ vfit" that will have. ..K.-;:t in the Chula Vista Community with the openirí f of the SCOA
. Thñh),Store: .
· Imml;)d.iate Employment for area residents'
· Affordable goods and clothing for community residents
· ~evenue frOIll;ì.~~.J?¡ov~fornlal educational programs for physically cha1leJ¡\ilili.and .economically
disadvantaged resident{
· Provides·$a1es tax doll'" for the City of Chula Vista
Immediate consequences of reiection of request:
· No changes in local unemployment statistics - SCOA has the capabilities of providing job opportunities to
many citizens.
· Continued lack of adequate education levels in community - SCOA has the capabilities of providing grants
and scholarships to those who need additional education.
t Give a men a fish, feed him fo' e dey.
e· Teach him to fish, feed him for life.
4160 Cartagena Drive. San Diego, CA 92115' Fax (619) 266-3973' (619) 266-6001
!7../3~
.. _._-~.,.,. '--'-'''''~.' ..-....-.---,..---.--.-..-----"-...
Page Two
Additional research has ascertained the following information:
1. There were no negative responses to the thousands of letters sent on three different occasions throughout
the community of Chula Vista by the City's Planning Department. These letters are meant to gather a
sampling of community reactions,
2. The majority of on-street parking in the area is not being utilized. Attached are letters from businesses in
the immediate area who do not oppose the SCOA Store from being at this location.
3. 'i;~_å;tw¡,.,1fuur llinited þa}king,ordiDance. so nwillbeim~;J'ot cusùm:lèrsto mpno~..
:"i'_r~~-:.o\ _ _.:,:_~ .,.."''' ','- ,"..' .' .' .' .' , - .' -,'.' '-,', ;,;:>"H
4. ð,~~1~1¥.'4'O·sopétcent¡'foutc\lstoniers at öur other stores use publiC transporlationto travclto ~'.'
:,~thestores. .
5. !"~J.~$TO'R:E.-IOCåieliflVè·bldsS(}ut1iof }ui 1'*l~o.t~;~tbaá!2O;-
.'. .- .', ," "",: - .'- ,';' :.' \".:, ' ,. ,"",', -"."- --,- .:....;.,;'-..,~.,... ,
;;.,~~te.#;()£ ~.()f'1\Þ,~J. aW~l!rJJ'~t:~~,19J,;99q.s9·~t;is clothit1&spa~Th~y ftl\Y¢26 on"sit~
p¡ar~.$p~ "ItlacConIance,with the city ordinance, they should haveappro1!:imately50pariçiQgspaç¡"s.
6. " at639Broadwø.ý.Juu¡appw:¡¡imatelY.g._~íeet.
"'-,' ,';'-' :>: -~,' ,.,':'-",'-{;.'
'!]i' t 11ìi~ánYOIÌ-sitepa¡'IångspãCes,;'
7. After extensive research, we have re-assessed our needs for usage of retail floor space, and have concluded
that we will need approximatelt:Sj~AAi!aÍ'e rtI, which decreases our previously requested amount by 2,000
square feet. We have 9 to 10 on-site parking spaces, and approximately ~~,Øri~eí*p¡¡rkiDt~"
,,"'f."''':'' ...., < ..~ ,'_" 0" _ .:.~.. .. .' . ,-
,
In light of all of the above information, Skill Centers of America maintains that our business will have positive and
beneficial effects on the community of Chula Vista and surrounding areas, and respectfully request that the
conditional use permit be modilled, or existing parking restrictions be removed.
17----3~
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INTERIM FORM 15/91) COUNCIL FOR PRIVATE POSTSECONDARY
AND VOCATIONAL EDUCATION
1027 10th STREET, FOURTH FLOOR
SACRAMENTO. CA 95814
INSTITUTIONAL
APPRO V AL .
No. 3707511
Date Prepared :November 19, 1991
SKILL CENTER OF AMERICA Effective Date :October 28, 1991
EDUCATIONAL INSTITUTE
4160 Cartagen Dr. Expiration Date :October 1994
San Diego, CA 92115
Subject to eartier termination in accordance with law.
In accordance with the provisions of California Education Code § 94311,
the council for Private Postsecondary and Vocational Education approves
the fOllowing course(s) or program(s):
COMPUTER OPEATOR (computer Information systems specialist)
ADMINISTRATIVE ASSISTANT (Office Management Systems)
PRINTER
b~
Kenneth A. Miller
New School Executive Director
Council for Private Postsecondary and
Vocational Education
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NOTICE OF PUBLIC BEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of
considering modification to the conditions of approval of
Conditional Use Permit PCC-92-13. The original application was
submitted by Skill Centers of America, and requested permission to
operate a thrift store at 741 Broadway. That application was
approved by the Zoning Administrator subject to conditions
including a 1,000 sq. ft. limit on the display area for clothing.
Skill Centers is requesting that this condition be modified to
permit 7,000 sq. ft. of clothing display area. A plot plan and
legal description is on file in the office of the Planning
Department. This project is deemed to be exempt from CEQA under a
Class 3 categorical,exemption (section 15303).
Any petitions to be submitted to the city Council must be received
by the City Clerk's Office no later than noon of the hearing date.
If you wish to challenge the city's action on this conditional use
permit in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the city Council
at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
January 21, 1992 at 6:00 p.m. in the Council Chambers, Public
Services Building, 276 Fourth Avenue, at which time any person
desiring to be heard may appear.
DATED: January 8, 1992
PUBLISH ON: January 11, 1992
" - - "--_._--_.."----_._.__.~-_._..+_._---- - -~--------~._-_.- --.~._-- -
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 01/21/92
ITEM TITLE: RESOLUTION J"'\ b1 TO APPROVE THE
MIDBA YFRONT CONCEPTUAL DEVELOPMENT PLAN
(SUBCOMMlTIEE ALTERNATIVE) WITH MODIFICATIONS,
MAKING FINDS OF FACT RELATING TO THE FEASffiILITY OF
MITIGATION MEASURES AND PROJECT ALTERNATIVES,
ADOPTING A MITIGATION MONITORING PROGRAM AND A
STATEMENT OF OVERRIDING CONSIDERATIONS
SUBMITTED BY: Community Development Director t,,~·
REVIEWED BY: City Manag¡lf
(4/Sths Vote: Yes _ No .xJ
v'
BACKGROUND:
At their January 14, 1992 meeting the City Council held a public hearing on the proposed
Conceptual Development Plans and CEQA documentation for such. The Council re-certified
the Final EIR, including the Addendum, for the Midbayfront Conceptual Development Plan
(Subcommittee Alternative) [Resolution 16466]. The Council also made modifications to
Resolution 16467, which approves the Midbayfront Conceptual Development Plan
(Subcommittee Alternative), makes Findings of Fact, adopts a Mitigation Monitoring Program
and a Statement of Overriding Considerations. The Council directed staff to revise the
Resolution to include these modifications, and continued discussion on this to the January 21,
1992 meeting in order to allow the applicant to review the modifications. The modified
Resolution is included in this submission, as well as the Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring Program.
RECOMMENDATION: It is recommended that the City Council approve Resolution 16467
as modified.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution 16467 has been modified to include changes, conditions, information, and processing
direction for the LCP Resubmittal and General Plan amendment as stated by the Council on
January 14, 1992 including:
\ i- I
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Page 2, Item \~
Meeting Date 01/21/92
· Informational Conditions
-- Economic feasibility;
-- Minimum residential density to permit economic feasibility;
-- Optional plans for preservation of shipbuilding jobs; and
-- Coordination with Coastal Commission staff regarding mass transit
opportunities and building heights.
· Project-related Conditions
-- Cultural arts facility
-- Ice Rink/Park
-- Limited number of high rise building (4)
-- Parking
-- BikelHiking trails
-- Water access
-- Schools
-- Phasing
-- Traffic
-- Conversion of hotels
-- Family and luxury housing
-- Air quality
-- Water conservation
-- Private lagoon
-- NIC Benefit or Assessment District
· Development Agreement Conditions
-- Security sufficiency requirement
-- Cultural arts facility contribution
FISCAL IMPACT: Development of the Bayfront area can have a significant positive impact
on operating revenues to the City's General Fund in the form of additional sales taxes, transient
occupancy taxes, and business licenses, and to the Redevelopment Agency as property tax
increment. More specifically, it is estimated (in current dollars) that project buildout will result
annually in over $1 million additional sales tax revenue, over $2 million additional transient
occupancy tax revenue, and over $4 million in property tax increment to the Redevelopment
Agency. The net positive fiscal impact to the City will be determined by the land use decisions,
negotiations for the Development Agreement, and the level of financial participation, if any, of
the Redevelopment Agency in the project.
[C,\WP51\COUNCILIBAY-2.113)
\t-l..
....-.,,---------.-..---....-..-
Page 2, Item \~
Meeting Date 01/21/92
· Informational Conditions
-- Economic feasibility;
-- Minimum residential density to permit economic feasibility;
-- Optional plans for preservation of shipbuilding jobs; and
-- Coordination with Coastal Commission staff regarding mass transit
opportunities and building heights.
· Project-related Conditions
-- Cultural arts facility
-- Ice RinklPark
-- Limited number of high rise building (4)
-- Parking
-- Bike/Hiking trails
-- Water access
-- Schools
-- Phasing
-- Traffic
-- Conversion of hotels
-- Family and luxury housing
-- Air quality
-- Water conservation
-- Private lagoon
-- NIC Benefit or Assessment District
· Development Agreement Conditions
-- Security sufficiency requirement
-- Cultural arts facility contribution
FISCAL IMPACT: Development of the Bayfront area can have a significant positive impact
on operating revenues to the City's General Fund in the form of additional sales taxes, transient
occupancy taxes, and business licenses, and to the Redevelopment Agency as property tax
increment. More specifically, it is estimated (in current dollars) that project buildout will result
annually in over $1 million additional sales tax revenue, over $2 million additional transient
occupancy tax revenue, and over $4 million in property tax increment to the Redevelopment
Agency. The net positive fiscal impact to the City will be determined by the land use decisions,
negotiations for the Development Agreement, and the level of financial participation, if any, of
the Redevelopment Agency in the project.
[C:IWP51ICOUNCll.IBA Y -2.113]
\t-l..
._"".-.--..-.--- --..... -- ----...------.-...-.-...--.-.....-
Proposed Council Draft
Marked to Show Additions and Deletions
and at January 14, 1992 Meeting
RESOLUTION NO. 16467
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO APPROVE THE MIDBAYFRONT CONCEPTUAL DEVELOPMENT
PLAN (SUBCOMMITTEE ALTERNATIVE) WITH MODIFICATIONS,
MAKING FINDINGS OF FACT RELATING TO THE FEASIBILITY OF
MITIGATION MEASURES AND PROJECT ALTERNATIVES, ADOPTING
A MITIGATION MONITORING PROGRAM, AND A 'STATEMENT OF
OVERRIDING CONSIDERATIONS
WHEREAS, a draft Environmental Impact Report, dated August
1990, evaluating the proposed Midbayfront Local Coastal Program
(LCP) Resubmittal was prepared and was transmitted by the City of
Chula vista, as lead agency, to all concerned parties for review
and comment; and,
WHEREAS, notice of the availability of the draft Environmen-
tal Impact Report was given as required by law; and
WHEREAS, written comments from the public on the draft En-
vironmental Impact Report were accepted from August 6, 1990 to
September 26, 1990; and
WHEREAS, the city Planning Commission held a public hearing
and accepted public testimony on the draft Environmental Impact
Report on September 26, 1990; and
WHEREAS, at this hearing, CHULA VISTA INVESTORS (the project
applicant) introduced a new revised concept plan described as
Alternative 8; and
WHEREAS, based on new information raised in the public
comment period and at the public hearing, a Recirculated Draft
Environmental Impact Report, dated July 1991, was prepared for
Alternative 8; and
WHEREAS, the Recirculated Draft supersedes the previous
Draft Environmental Impact Report; and
WHEREAS, the Recirculated Draft Environmental Impact Report,
dated July 1991, evaluating the proposed Midbayfront LCP
Resubmittal No. 8 Amendment project, was prepared and was
mbfd11. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 1
\ <6 ~.3
.-.------..--.-- .----..-.-.... ,- -- -- --..._---_._~_._._--_.__._--
transmitted by the City of Chula vista to all concerned parties
for review and comment; and
WHEREAS, notice of the availability of the Recirculated
Draft Environmental Impact Report was given as required by law;
and
WHEREAS, written comments from the public on the
Recirculated Draft Environmental Impact Report were accepted from
April 10, 1991 to May 22, 1991; and
WHEREAS, the public review period on the Recirculated Draft
EIR was extended until May 24, 1991 to allow additional response
time for the U.S. Fish and Wildlife Service; and
WHEREAS, the city Planning commission held a public hearing
and accepted public testimony on the Recirculated Draft
Environmental Impact Report on May 22, 1991; and
WHEREAS, agency and public comments have been addressed in
the Final Environmental Impact Report for Midbayfront LCP
Resubmittal No. 8 Amendment, dated July 1991; and
WHEREAS, the Midbayfront LCP Resubmittal No. 8 project was
heard by the city Planning Commission on July 24, 1991; and,
WHEREAS, the Planning Commission has, by separate resolution
(Planning Commission Resolution No. EIR-89-08l on July 24, 1991,
7certified the Final Environmental Impact Report (No. EIR-89-08)
(hereafter "EIR") pursuant to the California Environmental
Quality Act ("CEQA") (Pub. Resources Code, section 21000 et seq.)
and the CEQA Guidelines (Cal. Code of Regulations, tit. 14,
section 15000 et seq.) which analyzes the environmental effects
of the proposed Midbayfront LCP Coaccpt~al DC7elepmeat Plaa
(Ðueeemmittee Alteraativc) Resubmittal No.8. Alternative 8
(hereafteJ!' "Preject"); and
WHEREAS, the City Council certified the EIR Fiaal
Ea7irenmefital Impaet Repert on August 20, 1991 wherein the
proiect was described as Alternative 8.; and
WHEREAS, the City Council adopted Resolution No. 16328 on
August 20, 1991, which neither approved nor disapproved of ~
rJ!'ojeet Alternative 8 but referred the Prejeet same to the
Bayfront Planning Subcommittee for their review and recommenda-
tion; and
WHEREAS, the Bayfront Planning Subcommittee held
approximately 15 public meetings and recommended to the City
Council that they ~ approve the Resuhmittal Alternative NÐT 8~
mbfdll.wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 2
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as identified in the EIR. with minor modifications. As so
modified bv said subcommittee. the recommendation of said
subcommittee is officiallY referred to as the Midbavfront
Conceptual Development Plan (Subcommittee Alternative). and shall
hereinafter be referred to as the "Subcommittee Alternative");
and
WHEREAS, these minor modifications proposed bv the
Subcommittee Alternative to Alternative 8 include the elimination
of a previously designated luxury hotel and placing in its stead
a Cultural Arts facility on approximately three acres, a
reduction of the number of residential units from 1400 to 1000
(though the total square footage remains the same), and minor
design modifications to the northern residential area; and
WHEREAS, the FiRal EIR certified by the City Council on
August 20, 1991 addressed the impacts of such Subcommittee
Alternative modifications; and
WHEREAS . on or about December 10. 1991. an addendum to the
ErR was prepared which identified the proposed Subcommittee
Alternative modifications and which concluded that said
modifications did not chanae the conclusions as contained in the
EIR as to the impacts of the Subcommittee Alternative on the
environment: and.
WHEREAS, public notice was given on December 11, 1991, that
the FiRal EIR for Resubmittal No. 8 would be used as the EIR for
the Midbayfront Conceptual Development Plan (Subcommittee
Alternative); and
WHEREAS. the Plannina Commission conducted a public hearina
on December 18. 1991 for the purpose of hearina public testimonv
as to the Subcommittee Alternative and the proper and adeauate
preparation of the EIR. and at a continued meetina thereof held
on Januarv 8. 1992. bv the adoption of their resolution. PC No.
89-08A. recommended to the Citv Council the certification of the
EIR and approval of the Subcommittee Alternative with additional
minor modifications ("Plannina Commission Alternative) : and
WHEREAS . a public hearina was held before the Citv Council
on Januarv 14. 1992 for the purpose of approvina Midbavfront
Conceptual Development Plan (Subcommittee Alternative) providina.
amona others. for the development of the site in the manner
described bv the Subcommittee Alternative. and for the further
purpose of certifvina the EIR. makina findinas and adoptina a
mitiaation and monitorina proaram and statement of overridina
considerations: and.
WHEREAS. at their meetina of Januarv 14. 1992. the city
mbfdll. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 3
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council did conduct and close said public hearina. certified the
proper preparation of the EIR for the Subcommittee Alternative bv
their adoption of Resolution No. 16466. proposed amendments to
the concept plan (which as so amended. shall hereinafter be re-
ferred to as the "Council Alternative". or alternativelv
hereinafter as the "proiect"). and directed staff to prepare and
return to the Council a revised approval resolution which
incorporates their proposed amendments: and.
WHEREAS . the EIR certified bv the city Council on Auaust 20.
1991 and aaain on Januarv 14. 1992 addressed the impacts of the
Council Alternative: and
WHEREAS, the EIR identified certain significant and
potentially significant adverse effects on the environment caused
by the Project; and
WHEREAS, the City Council is required, pursuant to CEQA, to
adopt all feasible mitigation measures or feasible project
alternatives that can substantially lessen or avoid any
significant environmental effects; and
WHEREAS, the City Council desires, in accordance with CEQA,
to declare that, despite the occurrence of certain significant
and potentially significant effects that cannot be substantially
lessened or avoided through the adoption of feasible mitigation
measures or feasible alternatives, there exist certain overriding
economic, social, and other considerations for approving the
Project that the City Council believes justify the occurrence of
those impacts;
Now, therefore, the City Council of the City of Chula vista
does hereby find, determine, resolve and order as follows:
l. Project Approval [CeRseJ)t. Pla8].
The City Council approves the Midbayfront LCP Conceptual
Development Plan (Subcommittee Alternative) as herein modified
("Concept Plan") and bv doina so. directs the staff to process.
and return to Council for approval of. an Lèp Resubmittal for the
territory of the Midbavfront and a General Plan Amendment that
provides a plan for the development of the Midbavfront consistent
with the Midbayfront LCP Conceptual Development Plan
(Subcommittee Alternative), with the following changesL
conditions. information and additional processina direction:
A. Informational Conditions.
At the time the General Plan Amendment and the LCP
Resubmittal are returned to the Council for review and approval.
mbfd1l. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 4
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they shall be accompanied bY the followina types of information:
(I) Economic Feasibility
An Economic Feasibility Analysis ("EFA") shall be
prepared. submitted to the Council. and approved prior to. or
concurrentlY with. the approval of the LCP Resubmittal and
General Plan Amendment. The report shall be prepared in a format
acceptable to the city's Director of Finance and be available
with adeauate lead time for a thorouah staff review. The cri-
teria for approval of this report shall be that it demonstrates
clearly that the proiect/phasina proposed is economically
feasible. The report shall include a supportable statistical
basis for marketina (revenue/absorption) and costs associated
with the feasibility analysis.
(2) Minimal Residential Density to Permit Economic
Feasibility.
An economic feasibility analysis that demonstrates the
minimum number of residential units that can be built and still
permit the proiect to remain economically feasible.
(3) Shipbuildina Jobs.
One or more optional plans for the Council's approval
and implementation that will permit the preservation of iobs
otherwise provided by the shipyard at the foot of F street that
may be dislocated bY the Proiect. One such plan may include the
relocation of the shipyard facility.
(4) Coordination with Coastal Commission processina.
Staff is directed to review with the Coastal Commission
what other communities have done with reaard to mass transit
proarams and how such proarams affects traffic and to work with
the Coastal Commission staff as to the acceptability of the
proposed buildina heiahts and other proiect features.
B. proiect Related Conditions.
At the time the General Plan Amendment and the LCP
Resubmittal are returned to the city Council for their review and
approval. they are to be returned in a manner that proposes.
amona such other conditions that the staff deems appropriate. the
followina conditions:
(1) Cultural Arts Facility.
Upon determination bY the city Council that a cultural
mbfdll. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 5
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arts facility of the type described herein ("Facility") is most
appropriatelY placed within the territory of the Concepttiã± Plan.
the Deyeloper shall dedicate the land sufficient for the Facility
(includina parkina for the facility). within the territory of the
Concepttiã± Plan. and develop and present to the Council for ap-
proval. a feasible (in the iudqment of the citv Council) financ-
ina plan that will permit the desian and construction of a multi-
functional cultural arts center with a minimum aoal of 2.000 seat
capacity of such a desian that meets with the satisfaction of the
city Council. and which. as part of said financina plan. will
provide for sianificant Developer contribution to such a proiect.
and which may further provide for Port participation.
(2) Ice Rink/Park.
The Developer shall dedicate the space and parkina for
same. within the territory of the Concepttiã± Plan. and either
cause the desian and construction of. or fund the desian and
construction of. a 62.000 sauare foot. 5.000 seat capacitv ice
rink of such a desian that meets with the satisfaction of the
City Council: or. in the alternative. a park desianed and
constructed to the satisfaction of the city Council.
(3) Limited Number of Hiah Rises.
The General Plan Amendment and LCP Resubmittal shall be
processed to provide no more than four (4) "hiah rise" struc-
tures.
(4) parkina
A minimum of 75 percent of the reauired parkina for the
Resort and Residential uses shall be provided in subterranean or
concealed parkina structures:
(5) Bike/Hikina Trails
An intearated trail system to maximize trail and visual
access to the baYfront shall be provided and shall provide
linkaae to the Chula Vista Greenbelt (as described in the General
Plan) :
(6) Water Access
A location for future direct access to the Bay shall be
identified on the final plan in the event that future Federal.
state. and Port District approvals would permit such access:
(7) Traffic
mbfdll. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 6
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The Pro;ect shall not cause traffic in the Pro;ect
vicinitv to be reduced to below acceDted citv Thresholds as
articulated in the Growth Manaaement Proaram.' A traffic
monitorina Droaram shall be established as an implementation and
phasina reauirement:
(8) Conversion of Hotels
Hotels mav not be converted for residential use. and
authorized but unbuilt hotel units are not contemDlated for
residential use:
(9) Familv and Luxurv Housina
A minimum of 25 Dercent of the dwellina units in the
northern residential neiahborhood shall be three bedroom units.
such that. in the event that 700 dwellina units are eventuallv
Dermitted in said area. 175 shall be three bedroom units.
(10) Affordable Housina
The Dro;ect shall address the Citv's Dolicv and
Dractice of Drovidina a 10 Dercent Affordable Housina aoal (Der
citv's Housina Element):
(11) Air Ouality
An Air Ouality ImDrovement Plan (as defined in the
Growth Manaaement Ordinance) shall be reauired for aDDroval
concurrently with the Dro;ect submittal (SPA Plan):
(12) Water Conservation
A Water Conservation Plan (as defined in the Growth
Manaaement Ordinance) shall be reauired for aDDroval concurrently
with the Dro;ect submittal (SPA Plan):
(13) Schools
l. There is a difference in the traffic standard between the
proposed Rindone motion, which asked for "LOS C", and this
language, which is essentially LOS "c" except that during 90
minutes of peak traffic, LOS may deteriorate to Level D. To
insist on a LOS c, the developer would have to actually improve
the current traffic condition. It may be argued that such a
standard is beyond our current pOlicies, and that there is no
logical nexus for imposing such a condition, since it is beyond
Project-induced traffic problems. Therefore, staff is
recommending the language contained herein.
mbfdll. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 7
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An aqreement will be reached between the Districts.
applicant. and city to assure that facilities for students
qenerated bv the pro;ect will be available when needed:
(14) Nature Interpretative Center Benefit or
Assessment District.
The properties en;ovinq the benefits of the Nature
Interpretative Center (includinq the Midbavfront) will be
included within a vet to be established Benefit or Assessment
District which will contribute full operational costs of center
proqrams) : and
(15) Private Laqoon
The private laqoon in the northern residential area
would be a private amenity for that area:
(16) Phasinq.
Entitlements to develop the Pro;ect shall conditioned
on a Phasinq Plan acceptable to the city Council which Phasinq
Plan shall be proqrammed to ensure fiscal benefits to the city.
and early implementation of public parks and the Cultural Arts
Facilitv. Updated and ob;ective market. economic. and fiscal
analyses shall be provided prior to the commencement of any phase
of development. Phasinq proqram shall be conditioned to require
performance quarantee of developer. The first phase shall
include development of the core area comprisinq the laqoon. core
hotels. retail/commercial with residential above. and sports
complex. Residential development in the northern area (north of
Marina Parkway) may be included to a maximum of 25 percent of the
total number of units:
(17) Assurances of Development--Development Aqreement.
The General Plan Amendment or the LCP Resubmittal. and
any entitlements therein conveyed. shall be conditioned upon the
city and the Developer reachinq an aqreement ( "Development
Aqreement") which addresses. amonq other thinqs as the parties
may desire. those matters hereinbelow set forth as Development
Aqreement Conditions.
C. Development Aqreement Conditions.
The Developer shall commit. in the form of a proposed and
executed Development Aqreement. to. and provide the City with
securitv sufficient (in the ;udqrnent of the city to auarantv
completion of the Pro;ect) for. the development of the land. and
each part and phase of same. includinq. but not limited to the
mbfdll.wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 8
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desian and construction of all cublic benefits. such as the
Cultural Arts Facilitv. accordina to the crocosed General Plan
Amendment and LCP Resubmittal. which shall include the Cultural
Arts Facilitv and Ice Rink/Park in the manner herein crovided. at
such time as same are returned to the Citv Council for their
review and accroval. The Council mav consider waivina the
securitv sufficiencv reauirement for a Develocer that is a
aovernmental aaencv.
(1) Cultural Arts Facilitv contribution.
As cart of financina clan reauired bv the conditions of
this resolution hereinabove set forth. Develocer shall crovide
for sianificant Develocer contribution to the desian and
construction of such a Facilitv. and which mav further crovide
for San Dieao Unified Port District carticication.
By approving the Concept~ plan, the City Council intends only
to give, and aives onlv. development processing direction to the
staff of the city in order that staff may efficiently and
effectively develop an LCP Amendment and General Plan Amendment.
Such approval is not intended to, and shall not, constitute final
approval of the plan at this stage nor is it intended to, and
shall not, convey any entitlement or expectation of development
to the developer; finally, approval of the concept plan is not
intended to, and shall not, commit the Council to approval of the
LCP Resubmittal, the General Plan Amendment, or the Redevelopment
Plan Amendment, or any other land use right. Rather, the Council
shall retain full and unfettered discretion to consider the LCP
Resubmittal, the General Plan Amendment, and the Redevelopment
Plan Amendment without consequence, despite its decision to
approve the Concept~ Development Plan. Developer shall receive
no vested rights to develop prior to commencement of construction
pursuant to validly issued building permits.
2. CEQA Findings and Statement of Overriding Considerations.
A. Adoption of Findings.
The city Council does hereby approve, accept as its own,
incorporate as if set forth in full herein, and make each and
everyone of the CEQA Findings attached hereto as Exhibit A.
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit A attached
hereto, the City Council hereby finds, pursuant to Public
Resources Code section 21081 and CEQA Guidelines section 15091,
that certain of the mitigation measures described in the EIR as
feasible are feasible, and will become ª-binding condition or
mbfdll.wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 9
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conditions upon the Project.
C. Infeasibility of Mitigation Measures and Alternatives.
As set forth in Exhibit A attached hereto, the City Council
finds that the remainder of the proposed mitigation measures~
identified therein as infeasible. and none of the proposed
Project alternatives set forth in the Final EIR can feasibly
substantially lessen or avoid the potentially significant effects
that will not be substantially lessened or avoided by adoption of
all feasible mitigation measures.
D. Adoption of Mitigation Monitoring Program.
As required by Public Resources Code section 21081.6, the
City Council hereby adopts the mitigation monitoring program
("Program") , set forth in Exhibit B, incorporated herein by
reference. The City Council finds that the Program is designed
to ensure that, during Project implementation, the Project
applicant, and other responsible parties, implement the project
components and comply with the feasible mitigation measures
identified in the Findings.
E. statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures
and alternatives, certain significant or potentially significant
adverse environmental effects caused by the Project will remain.
Therefore, the city Council hereby issues, pursuant to CEQA
Guidelines section 15093 and as set forth in Exhibit A attached
hereto, a statement of overriding considerations identifying the
specific economic, social, and other considerations that render
that unavoidable significant adverse environmental effects
acceptable.
Presented by
~~()
Chr1s Salomone, Director Bruce M. Boogaar ,
of Community Development City Attorney
mbfd11. wp Resolution re Midbayfront Conceptual Plan
Janaury 16, 1991 Page 10
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/~
~ Co 9:;2 - 0 13
EXIllBIT A
BEFORE THE CHULA VISTA
CITY COUNCIL
January 14, 1991
RE: Proposed Midbayfront Conceptual Development Plan;
"Subcommittee Recommendation"
(Alternative 8, with minor modifications
required by Council)
FINDINGS OF FACT
I.
INTRODUCTION
The original Draft Environmental Impact Report (DEIR) prepared on this project addressed the
potential environmental effects of a proposed Local Coastal Program (LCP) Resubmittal,
including both text and graphics, for the Midbayfront area. However, at the end of the public
review period (planning Commission hearing, September 26, 1990), the applicant, Chula Vista
Investors (CVI) introduced a new revised concept plan for the project. I This new concept plan
was described as Alternative 8 in the recirculated DEIR. (July, 1991)
After recirculation of the DEIR and preparation of a Final Environmental Impact Report (FEIR)
in accordance with the California Administrative Code section 15088 and 15089, the project was
heard before the Chula Vista City Council and the Chula Vista Redevelopment Agency
("decisionmakers") on August 20, 1991. After hearing public testimony, the Council closed the
public hearing, certified the EIR as adequate and complete under the California Environmental
Quality Act (CEQA) and voted to neither approve nor deny the project. Rather the City Council
I In addition to a new project description, Chula Vista Investors also submitted new
geotechnical and hydrology baseline information and design details, new biological mitigation
measures and new traffic mitigation measures. As a result of this information, a decision was
made that the DEIR should be recirculated in compliance with the provisions of Public
Resources Code section 21092.1 and Sutter Sensible Plannin~. Inc.. v. Board of Supervisors
(1981) 122 Cal.App.3d 813 [176 Cal.Rptr. 342].
Page 1 I
) i)~/3 /i-Q'
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directed the Bayfront Planning Subcommittee2 ("Subcommittee") to work with staff to create
a plan which would resolve the environmental issues which were associated with Alternative 8.
The Subcommittee returned to the City Council with a project similar to Alternative 8. That
project is the project which is the subject of these findings and will be referred throughout this
document as the "Subcommittee Alternative" or the "project". The Subcommittee's
recommendation is referred to, and has been noticed as, "Subcommittee Alternative". The
applicant is requesting the approval of a conceptual development plan" or a "concept plan" only.
Should the City Council choose to approve the Subcommittee Alternative, then the applicant will
be required to prepare revised LCP Resubmittal and General Plan documents to reflect the new
concept plan contained in the Subcommittee Alternative. The concept plan defines the land uses
that are contained in the Subcommittee Alternative proposal. Additionally, should the City
Council choose to approve the concept plan, further environmental documentation will be
required pursuant to California Administrative Code section 15168.
There are minor changes between Alternative 8 (as discussed in the EIR) and the Subcommittee
Alternative. First is that the previously proposed luxury hotel has been replaced by a Cultural
Arts Facility and Amphitheater. There is a corresponding reduction of 190 hotel rooms.
Secondly, there is a reduction of residential units from 1400 to lQOO, though the total residential
square footage remains the same. There are also minor design modifications in the northern
residential area.
After reviewing the EIR prepared for Alternative 8, the Chula Vista City Council is of the
opinion that the impacts identified for Alternative 8 are substantially the same as those for
Subcommittee Alternative. Additionally, the hearing on Subcommittee Alternative is considered
a continuation of the Council's prior meeting on the project held on August 20, 1991 and
continued until January 14, 1992. Consequently, the Council has determined that with the
exception of the preparation of an addendum pursuant to California Administrative Code section
15164, no further environmental review (including recirculation of the previously recirculated
document) is required under CEQA for the approval of the Concept Plan.3
II.
PROJECT DESCRIPTION
The proposed Project (the Subcommittee Alternative or the "Project") is a mixed use project
totalling approximately 3.3 million square feet of building area. The EIR for this Project
examines the Project at a "plan level" of approval only. Prior to any construction on the site
2 The Subcommittee was established in May, 1991 by the Chula Vista City Council to
increase public participation in the Chula Vista Bayfront planning process. The Subcommittee
of 11 voting members held 15 public meetings on the issue of formulating a Concept Plan for
the Midbayfront.
3 "Concept Plan" or "conceptual developmental plan" are used interchangeably
throughout this document.
Page 2 / ~, /1
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further environmental analysis will be required to further refine and define the impacts associated
with the Project. Consequently, this EIR is defmed as a Program EIR and has been prepared
with the understanding that the provisions of Guidelines section 15168 will be followed when
subsequent activities such as LCP resubmittals, general plan amendments, redevelopment plan
amendments, and site specific construction are contemplated.
The concept plan for Subcommittee Alternative proposes 1000 residential units, 1610 hotel units,
150,000 square feet of commercial retail, 140,000 square feet of professional office, and
approximately 246,000 square feet which includes athletic facilities and a conference center.
A cultural arts facility on approximately 3 acres, approximately 20 acres of parks, and two
lagoons--one 10 acres and one 3 acres--are also part of the proposed plan.
The lO-acre lagoon is a salt water feature that would extend east from the Bay to the central
portion of the Midbayfront. The parks and the lO-acre lagoon would be available for public use
as well as for resident and visitor use. The 3-acre lagoon would be located amidst a private
residential area and is considered a private aesthetic amenity.
In formulating the Subcommittee Alternative, the Subcommittee made minor changes from
Alternative 8 as discussed in the EIR. The minor changes are the addition of a Cultural Arts
Facility' in the location of the previously proposed luxury hotel and the resultant reduction of
total hotel units from 1,800 to 1,610; and, the reduction in the number of residential units from
1400 to 1000, though the total residential square footage remains the same. Also, minor design
modifications occur in the northern residential area.
The proposed Project is a combination of high- to low-rise structures, which vary in height from
229 feet (hotel) to one- and two-story structures. The core area of the development would
include most of the high- and mid-rise structures, while the northern area would consist mostly
of two and four-story structures, with two high-rise towers.
Specifically, the discretionary action taken by the decisionmakers in approving this Project is:
1. Approval of the Concept Plan, known as Subcommittee Alternative, for the
Midbayfront.
The project description initially contemplated a LCP resubmittal and amendments to the Chula
Vista General Plan (update, 1989) and Redevelopment Plan. The applicant is now seeking only
a concept plan approval and intends subsequently to apply for the LCP resubmittal, general plan
amendment and redevelopment plan amendment.
ill.
ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this Project shall consist of the following:
1. The Draft (recirculated) and Final EIR for the Project;
Page 3 / ¿)' ~~
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2. All reports, memoranda, maps, letters and other planning documents prepared by
the planning consultant, the environmental consultant, and the City;
3. All documents submitted by members of the public, and public agencies in
connection with the EIR on proposed Project;
4. Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City and Redevelopment Agency;
5. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula Vista General Plan(update)-20l0;
b. Chula Vista Bayfront Specific Plan;
c. Chula Vista Zoning Ordinance;
d. Chula Vista Subdivision Ordinance
e. Chula Vista Local Coastal Program, Land Use Plan;
f. Chula Vista Bayfront Redevelopment Project Plan;
g. City of National City General Plan;
h. National City Loca1 Coastal Program;
i. San Diego Unified Port District Master Plan;
j. U.S. Army Corps of Engineers Interim Final Permit, No. 88-267-RH
IV.
TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEOA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in an EIR for a proposed Project, the approving agency must issue a written finding
reaching one or more of the three allowable conclusions. The first is that "[ c ]hanges or
alterations have been required in, or incorporated into, the Project which avoid or substantially
~ the significant environmental effect as identified in the final EIR." (Emphasis added.)
The second potential finding is that "[s]uch changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such other agency. "
The third permissible conclusion is that [s]pecific economic, social or other considerations make
infeasible the mitigation measures or Project alternative identified in the final EIR.
As regards to the first of the three potential findings, the CEQA Guidelines do not define the
difference between "avoiding" a significant environmental effect and merely "substantially
lessening" such an effect. The meaning of these terms therefore must be gleaned from other
contexts in which they are used. Public Resources Code section 21081, on which CEQA
Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen."
The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an
Page 4
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understanding of the statutory term is consistent with Public Resources Code section 21001,
which declares the Legislature's policy disfavoring the approval of projects with significant
environmental effects where there are feasible mitigation measures or alternatives that could
"avoid or substantially lessen" such significant effects.
For purposes of these findings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-sienificant level. In
contrast, the term "substantially lessen" will refer to the ability of such measures or measures
to substantially reduce the severity of a significant effect, but not to reduce effect to a level of
insignificance. Although CEQA Guidelines section 15019 requires only that approving agencies
specify that a particular significant effect is "avoid[ed] QI substantially lessen[ed]," these
findings, for purposes of clarity, in each case will specify whether the effect in question has been
fully avoided (and thus reduced to a level of insignificance) or has simply been substantially
lessened (and thus remains significant).
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings
will nevertheless fully account for all such effects identified in the Final EIR.
It is the policy of the City of Chula Vista and the Chula Vista Redevelopment Agency that a
project shall not be approved if it would result in a significant environmental impact if it is
feasible to avoid or substantially lessen such impact to a level below significance. Only when
there are specific economic, social or other considerations will the City of Chula Vista or the
Redevelopment Agency for the City of Chula Vista approve a project with significant
environmental impacts.
V.
LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures outlined in
the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of
Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible parties,
including successors in interest, to implement those measures. These findings, in other words,
are not merely informational or hortatory, but constitute a binding set of obligations that will
come into effect when the City adopts a resolution approving the concept plan contained in
Subcommittee Alternative.
Many of the adopted mitigation measures are express conditions of approval. Other measures
are referenced in the mitigation monitoring program adopted concurrently with these findings,
and will be effectuated through the process of constructing and implementing the concept plan.
VI.
MffiGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, the City Council of the City of Chula
Vista, in adopting these findings, also adopts a mitigation monitoring and reporting program as
prepared by Keller Environmental Associates, Inc. The program is designed to ensure that,
Page 5 );1,-;7
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during Project implementation, the applicant and any other responsible parties comply with the
feasible mitigation measures identified below. That program is described in the document
entitled, Local Coastal Program Alternative SA Mitigation Monitoring Program City of Chula
Vista. The minor modifications made to the Project as a result of the review by the Bayfront
Planning Commission ºº nQt necessitate any significant changes to Mitigation and Monitoring
Plan (MMP).
. Vll.
SIGNIFICANT AND POTENTIALLY SIGNIFICANT
EFFECTS AND MITIGATION MEASURES
The Final EIR identified a number of significant or potentially significant environmental effects
(or "impacts") that Local Coastal Program Alternative 8 will cause, of which some could be
fully avoided through the adoption of feasible mitigation measures, while others could not be
avoided.
The proposed Project will generate a number of environmental effects that when considered
collectively, result in a significant cumulative effect to the environment.
The impacts anticipated to geology, soils, hydrology and water quality, visual/aesthetics and the
community character, air quality, biological resources, land use, transportation/access and from
conversion of agricultural lands to urban uses are considered cumulatively significant to the
Bayfront and/or contribute significantly to the impact of a resource in the region.
If this Project is approved, potential cumulative impacts would result not only from two or more
Project area impacts but also from the combination of the Project impacts with other properties
in the South Bay region. In addition, the proposed Project could encourage developments in the
nearby region that are of greater height or intensity than currently allowed. In order to build
or redevelop, these properties would be subject to CEQA, probably requiring an EIR for review
of proposed plans. Thus, a mechanism exists to check and limit cumulative impacts; however,
the potential exists for development and/or redevelopment at a greater scale than is presently
allowed.
The 15 + projects proposed or approved for the South Bay and discussed in the Cumulative
Impacts section of the Final EIR, will collectively result in significant impacts to the bayfront
environment. Although individual projects may reduce impacts to levels that are considered less
than significant, impacts cannot be entirely mitigated or avoided.
An attempt to address impacts on a cumulative, regional scale has been initiated by the San
Diego Unified Port District. The South San Diego Bay Enhancement Plan (not adopted to date)
addresses biological resources of the South Bay region and identifies areas that should be
reserved and enhanced, as well as potential mitigation areas for cumulative impacts. Due to the
increased urbanization of the South Bay region, and the limited possibilities (e.g., locations) for
mitigation of habitat and species, any large project proposed in this region should be considered
to contribute significantly to cumulative impacts.
When combined with numerous impacts of a similar type, the incremental contributions of the
Page 6 ),ìj~ / g/
-.------..--,."'...,. ---.....--
proposed Project become significant for selected environmental resources as detailed below.
Potentially Silmificant Effects
The following environmental effects, which would be significant or potentially significant in the
absence of mitigation measures, can be avoided because of the adoption of such measures. Page
numbers of the Final EIR where the impacts are discussed follow each impact.
Detailed plans not available for on- and off-site water and sewer pipelines [FEIR,
Volume II, p. 3-4 through 3-9; Volume I, pA-6]
Ground settlement due to consolidation of compressible bay deposits and artificial fùl
soils [FEIR, Volume II, p. 3-4 through 3-10; Volume I, p. 4-6]
Flooding of low lying areas [FEIR, Volume II, 3-14 through 3-20; Volume I, p 4-6]
Inconsistency with City of Chula Vista design storm flow and gravity pipe requirements
[FEIR, Volume II, p. 3-15 through 3-22; Volume I, p. 4-6]
Adequate data regarding quantity and quality of groundwater for lagoons [FEIR, Volume
II, p. 3-16 through 3-21; Volume I, p. 4-6]
The co-generation plant could create emissions that exceed new source limits and
cumulative impacts could occur from vehicular emissions combined with co-generation
plant impacts [FEIR , Volume II, p.3-52 through 3-54; Volume I p. 4-11]
Vehicular emissions would contribute incrementally to a regionally significant air quality
impact [FEIR, Volume II, p. 3-51 through 3-55; Volume I, pA-12]
Construction dust and idling trucks could result in unacceptable air quality effects [FEIR,
Volume II, p. 3-49 through 3-54; Volume I, p. 4-11]
Construction noise could reach unacceptable levels [FEIR, Volume II, p. 3-58 through
3-60; Volume I, p. 4-12]
Proximity of child care center to 1-5 and the co-generation facility could result in
unacceptable noise levels [FEIR, Volume II, p. 3-59 through 3-60; Volume I, p. 4-12]
Fluctuations in salinity regimes of the marshlands due to increased freshwater input from
site drainage could impact wetland wildlife and vegetation [FEIR, Volume II, p. 3-76
through 3-115; Volume I, p. 4-13]
Eelgrass habitats and mudflat habitat may be damaged from near shore
sedimentation/turbidity [FEIR, Volume II, p. 3-82 through 3-115; Volume I, p. 4-13]
Project construction would generate considerable noise and increased human activities for
a 20-year period [FEIR, Volume II, p. 3-84 through 3-115; Volume I, p. 4-13]
Page 7 )ð~/(
-,--_._-----" ._..._-_....._.~--_._..._.--._._--.-_.
Human and pet presence will decrease the use of the adjacent Sweetwater Marsh National
Wildlife Refuge by nesting and foraging avifauna [FEIR, Volume II, p. 3-88 thtough 3-
115; Volume I, p. 4-13]
Indirect effects on California Least Tern including water quality, degradation, nest site
predation, disruption from humans and pets, and altering of the predatory regime [FEIR,
Volume II, p. 3-104 thtough 3-115; Volume I, p. 4-13]
Placement of drainage pipes and resultant increased freshwater inputs and sedimentation
could severely affect eelgrass and mudflats marine resources [FEIR, Volume II, p. 3-306
through 3-115; Volume I, p. 4-13]
Development outside the Project boundaries (e.g., for utility extension to serve the site)
could impact archaeological sites [FEIR, Volume II, p. 3-120 thtough 3-124; Volume I,
p. 4-13]
Site grading may result in impacts to paleontological resources [FEIR, Volume II, p. 3-
122 through 3-123; Volume I, p. 4-13]
Traffic congestion, competition for parking, noise from traffic and visitors, and night
lighting would create significant incompatibility impacts with the residential component
of the Project [FEIR, Volume II, p. 3-148 through 3-151; Volume I, p. 4-19]
The proposed phasing plan would not provide adequate park area or parking for parks
[FEIR, Volume II, p. 3-148 through 3-151; Volume I, p. 4-18]
Potentially insufficient amount of parking for park users [FEIR, Volume II, p. 3-149
through 3-152; Volume I, p. 4-19]
Concept plan would result in incremental contribution to cumulative impacts to non-
renewable energy resources [FEIR, Volume II, p. 3-158 through 3-163; Volume I, p. 4-
20]
Proposed high rise buildings would result in the need for an additional ladder truck and
four-person fire crew [FEIR, Volume II, p. 3-159 thtough 3-164; Volume I, p. 4-21]
Proposed Project would result in increased fire inspection workload [FEIR, Volume II,
p. 3-159 through 3-164; Volume I, p. 4-21]
Potential to result in fire service impacts of Project is not properly designed [FEIR,
Volume II, p. 3-159 through 3-164; Volume I, p. 4-21]
Solid waste from proposed Project would result in incremental contribution to limited and
declining landfill space [FEIR, Volume II, p. 3-160 through 3-164; Volume I, p. 4-21]
Impacts to sewer infrastructure [FEIR, Volume II, p. 3-160; Volume I, p. 4-21 through
4-22]
Page 8
)?5~O
__m._"_____ - ~.__._--~_.._-----------_..-_.._-
Impacts to water infrastructure [FEIR, Volume II, p. 3-164 through 3-165; Volume I,
p. 4-22]
Incremental contribution to regionally significant demand on water resources [FEIR,
Volume IT, p. 3-162 through 3-165; Volume I, p. 4-23]
Adequacy of supply and infrastructure for lagoon water from wells [FEIR, Volume IT,
p. 3-162; Volume I, p. 4-23]
Potentially inadequate funding for school transportation costs [FEIR, Volume IT, p. 3-162
through 3-167; Volume I, p. 4-23 through 4-24]
Si~nificant Effects
The Project will result in the following irreversible environmental changes. All page numbers
following the impacts refer to pages from the Final EIR.
Seismic hazards/risk including ground shaking, surface displacement, liquefaction,
tsunamis, and earthquake induced-flooding [FEIR, Volume II, p. 3-6 through 3-11;
Volume I, p. 4-6]
Foundation design difficulties associated with construction of foundations at or near the
groundwater table [FEIR, Volume II, p. 3-6 through 3-11; Volume I, p. 4-6]
On-site flooding from storm overflow [FEIR, Volume II, p. 3- through 3-22; Volume
I, p. 4-6]
Erosion from coastal or inland flooding [FEIR, Volume II, p. 3-14 through 3-22;
Volume I, p. 4-6]
Siltation and chemical contamination/degradation of water quality from surface runoff
[FEIR, Volume II, p. 3-15 through 3-22; Volume I, p. 4-6]
Change in character of the view from the Nature Interpretive Center [FEIR, Volume II,
p. 3-29 through 3-41; Volume I, p. 4-7 through 4-8]
Obstruction of existing scenic bay views from public use areas and establishments along
Bay Boulevard [FEIR, Volume II, p. 3-31 through 3-41; Volume I, p. 4-7 through 4-8]
Creation of visually dominate urban landscape from areas within Chula Vista and 1-5
incompatible with the waterfront image identity of Chula Vista [FEIR, Volume II, p. 3-
34 through 3-42; Volume I, p. 4-7 through 4-10]
Construction and Project operations would create containments that would degrade water
quality [FEIR, Volume II, p. 3-79 through 3-115; Volume I, p. 4-12 through 4-13]
Concept plan would result in shade/shadow impacts to park and open space areas [FEIR,
Page 9 /%>d/
~._._. -- -.---.. ._-------_.__._---~ ...--.... -.-.--.----.----------.----..-.- ---_._---~._---_._--~
Volume II, p. 3-150 through 3-151; Volume I, p. 4-19 through 4-20]
The alteration of predator/competition/prey regimes would adversely impact biological
resources [FEIR, Volume II, p. 3-91 through 3-115; Volume I, p. 4-13]
Loss of raptor habitat [FEIR, Volume II, p. 3-98 through 3-115; Volume I, p. 4-13]
Proximity of development to extensive wetland would result in vector impacts [FEIR,
Volume II, p. 3-101 through 3-115; Volume I, p. 4-13]
The development would create predator enhancement effects to the Light-footed Clapper
Rail and the Belding's Savannah Sparrow which are federal and state listed endangered
species respectively [FEIR, Volume II, p. 3-104 through 3-115; Volume I, p. 4-13]
The development would increase human and pet presence, significantly affecting the
quality of the adjacent Sweetwater Marsh National Wildlife Refuse, and decreasing the
use of the area by nesting and foraging avifauna [FEIR, Volume II, p. 3-88 through 3-
91; Volume I, p. 4-13]
The intensity of the proposed Project will result in a significant conflict due to
compatibility with the land use intensity in the surrounding area [FEIR, Volume II, p.
3-131 through 3-138; Volume I, p. 4-13 through 4-15]
Proximity of the proposed development coupled with its intensity creates significant land
use compatibility impacts with the National Wildlife Refuge [FEIR, Volume II, p. 3-133
through 3-138; Volume I, p. 4-14]
Proposed concept plan not consistent with certified LCP, General Plan (2010), and
Bayfront Redevelopment Plan [FEIR, Volume II, p. 3-138 through 3-140; Volume I, p.
4-15]
Inability of schools to serve needs of students produced from the site [FEIR, Volume II,
p. 3-138 through 3-140; Volume I, p. 4-15]
Significant traffic impacts at Broadway/"E" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at Broadway"F" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at Broadway/"H" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at 1-5 Northbound Ramp/"E" Street freeway ramp intersection
[FEIR, Volume I, p. 4-27]
Significant traffic impacts at 1-5 South bound Ramp/"E" Street freeway ramp intersection
[FEIR, Volume I, p. 4-27]
These impacts cannot be substantially lessened or avoided at the plan level; but, as described in
Page 10 /6-'dd-
._-~,~-_._-,-_._.-_._-,------_.__..~_._._.._" ...-._-_..-_._-----,--_._-----~--
the Statement of Overriding Considerations, the City Council has determined that the impacts
are acceptable because of overriding economic, social and other considerations. The sub-
sections below will define each of the above-described impact issues in detail, setting forth either
the reasons why they are significant and unavoidable, the mitigation measures adopted to
substantially lessen or avoid them, or the reasons why proposed mitigation measures proved to
be infeasible due to specific economic, social or other consideration.
A. GEOLOGy/son .~/GROUNDW ATER
Significant effect: Seismic hazards/risk exists, including ground shaking, surface
displacement, liquefaction, tsunamis, and earthquake-induce flooding. [FEIR, Volume II, p. 3-6
through 3-7; Volume I, p. 4-6]
Finding: Standard required design criteria and conventional engineering techniques
can be implemented to reduce the risk. However, the FEIR concludes that even with the
adoption of these criteria and techniques, as set forth in the FEIR and restated below, additional
study is necessary at the Project level to determine impact significance for the detailed
development plans. Impacts are therefore considered significant and not mitigated at this plan
level of analysis [FEIR, Volume II, p. 3-7, 3-11; Volume I, p. 4-6]. As described in The
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading work.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to issuance of building permits.
Each investigation must contain adequate subsurface exploration and analysis to
determine short-and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendations, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
Page 11 j1Te:)3
-- --'---'-'~----"---'_._---'-_."'-'. _.--_._----~-_.__._---,,--~-~._._-_._--
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils,
or bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and/or
structural improvements. Soil improvement could include partial or total removal
and recompaction, dynamic compaction, and/or the use of surcharge fIlls to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate potential geotechnical impacts due to compressible soil. These
additional techniques to be defined at the Project level may include designs such
as deep foundations or mat foundations, or other methods acceptable to the
Department of Public Works.
5. Roadways, embankments, and engineered fills encroaching onto existing
compressible bay deposits and/or existing fill soils will require subgrade
modification pursuant to accepted engineering standards to improve the support
capacity of the existing soils and reduce long-term post-construction settlement.
Soil improvement could include partial or total removal and recompaction,
dynamic compaction, and/or the use of surcharged fills, to precompress saturated
alluvial deposits or bay deposits which exist below the groundwater table.
Portions of roadway fills, embankments, and other engineered fills may be judged
capable of accommodating some post-construction differential settlements,
depending upon the type of improvements they are to support. Site-specific
geotechnical studies to be completed at the Project level must address post-
construction settlement potential as well as ways to mitigate post-construction total
and differential settlements to acceptable ranges, based on the specific types of
improvements proposed.
6. The use of the currently planned soil-cement lining (covering a clay soil layer)
for the IO-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require subgrade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any subgrade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. To reduce the risk of property damage and injury caused by seismic shaking,
geotechnical studies shall specifically address seismic analysis based on site-
specific subsurface data. At a minimum, seismic analysis shall address
seismically-induced slope failure, liquefaction, and ground surface accelerations.
Measures are technically available to reduce seismic risk, and will be required
where appropriate as part of the Project design.
8. The embankment separating the lO-acre salt water lagoon from San Diego Bay
has tentatively been designed with a crown elevation of + 11 feet. Wind-induced
storm waves (discussed in the Hydrology Section of this EIR) or earthquake-
induced flooding could exceed the height of the embankment. An assessment
Page 12 /~d-r
..----- _____u_... ,--.-.. -_.._,--_.__.._~--"---~,---_._---_._..,-
must be made prior to Project approval to evaluate stability of the embankment
during these conditions and the likelihood of these hazards. Design to be defined
prior to Project approval may include either elevating the height of the
embankment or reinforcing the crown of the embankment and must be approved
by the City.
* * *
Significant Effect: Potential foundation design and construction difficulties associated
with the construction of foundations at or near the groundwater table could occur [FEIR, Volume
II, p. 3-3; Volume I, p. 4-6]
Finding: The FEIR concluded that even with adoption of the measures set forth in
the FEIR and restated below, additional study is necessary at the Project level when detailed
development plans are available to determine impact significance and mitigation feasibility.
Impacts are therefore considered significant and not mitigated at this level of analysis [FEIR,
Volume II, p. 3-7 through 3-11; Volume I, p. 4-6]. As described in The Statement of
Overriding Considerations, however, the City Council has determined that this significant impact
is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these fmdings. {FEIR, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading work.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to the issuance of building
permits. Each investigation must contain adequate subsurface exploration and
analysis to determine short- and long-term settlement magnitudes, expected
seismic ground shaking magnitudes and characteristics, and potential mitigation
for seismic ground failure (including liquefaction). Each investigation must
contain detailed foundation recommendations, and will be subject to review and
approval by the City of Chula Vista Engineering Department pursuant to adopted
standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils or
Page 13 ) ¿{'r c2-Ç'
. H_'H^ ~.._-~..,.~ .-... _.,.~.",._--~------~_...._----_._"-'--
bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and/or
structural improvements. Soil improvement may include partial or total removal
and recompaction, dynamic compaction, and/or the use of surcharge fills to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate the potential geotechnical impacts due to compressible soil. These
additional techniques to be defined at the Project level may include designs such
as deep foundations or mat foundations, or other methods acceptable to the
Department of Public Works.
5. Roadways, embankments, and engineered fùls encroaching onto existing
compressible bay deposits and/or existing fill soils will require subgrade
modification to improve the support capacity of the existing soils and reduce long-
term post-construction settlement. Soil improvement could include partial or total
removal and recompaction, dynamic compaction, and/or the use of surcharged
fills, to precompress saturated alluvial deposits or bay deposits which exist below
the groundwater table. Portions of roadway fills, embankments, and other
engineered fùls may be judged capable of accommodating some post-construction
differential settlements, depending upon the type of improvements they are to
support. Site-specific geotechnical studies to be completed at the Project level
must address post-construction settlement potential as well as ways to mitigate
post-construction total and differential settlements to acceptable ranges, based on
the specific types of improvements proposed.
6. The use of the currently planned soil-cement lining (covering a clay soil layer)
for the lO-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require subgrade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any subgrade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. Geotechnical studies prepared prior to Project approval and included in the
environmental analysis for the Project must also address the impact of foundation
location near or below the groundwater table, and recommendations shall be made
which mitigate both construction-period difficulties and uplift pressures that may
affect foundation elements and subterranean parking floor slabs extending below
the transient groundwater level. Construction-period mitigation must require
temporary dewatering and/or utilization of a gravel mat to provide a working
surface upon which to operate construction equipment. Design techniques to
accommodate transient groundwater highs may include thicker concrete slabs to
provide sufficient dead weight to resist uplift pressures, deep foundations and/or
structural foundations to restrain slabs.
* * *
Page 14
/ð"'d?
.u...___._ _m_.' -~_...._--_._.__._.,---,--_.~---,---,-,._-+_.__..
Potentially Significant Effect: Ground settlement could occur due to the consolidation
of the compressible estuarine/fluvial (bay) deposits and artificial fill soils on site [FEIR, Volume
II, p. 3-4; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading on the site.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure on the Project prior to issuance of building permits.
Each investigation must contain adequate subsurface exploration and analysis to
determine short- and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendation, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils,
or bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and/or
structural improvements. Soil improvement could include partial or total removal
and recompaction, dynamic compaction, and/or the use of surcharge fills to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate potential geotechnical impacts due to compressible soil. These
additional techniques to be defined at the Project level may include designs such
as deep foundations or mat foundations, or other methods acceptable to the
Department of Public Works.
5. Roadways, embankments, and engineered fills encroaching onto existing
compressible bay deposits and/or existing fill soils are likely to require subgrade
modification to improve the support capacity of the existing soils and reduce long-
Page 15
/?-~ 7
--. . .'.------ -- --------- - - -------..--"---.-...-... --...-.--..-----...-.-,--.--.-----,.--------"--. -----..
term post -construction settlement. Soil improvement could include partial or total
removal and recompaction, dynamic compaction, and/or the use of surcharged
fills, to precompress saturated alluvial deposits or bay deposits which exist below
the groundwater table. Portions of roadway fills, embankments, and other
engineered fills may be judged capable of accommodating some post-construction
differential settlements, depending upon the type of improvements they are to
support. Site-specific geotechnical studies to be completed at the Project level
must address post-construction settlements to acceptable ranges, based on the
specific types of improvements proposed.
6. The use of the currently planned soil-cement lining (covering a clay soil layer)
for the lO-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require subgrade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any subgrade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. To reduce the risk of property damage and injury caused by seismic shaking,
geotechnical studies shall specifically address seismic analysis based on site-
specific subsurface data. At a minimum, seismic analysis shall address
seismically-induced slope failure, liquefaction, and ground surface accelerations.
Measures are technically available to reduce seismic risk, and will be required
where appropriate as part of the Project design.
8. The embankment separating the lO-acre salt water lagoon from San Diego Bay
has tentatively been designed with a crown elevation of + 11 feet. Wind-induced
storm waves (discussed in the Hydrology Section of this EIR) or earthquake-
induced flooding could exceed the height of the embankment. An assessment
must be made prior to Project approval to evaluate stability of the embankment
during these conditions and the likelihood of these hazards. Design to be defined
prior to Project approval may include either elevating the height of the
embankment or reinforcing the crown of the embankment and must be approved
by the City.
* * *
Potentially Significant Effect: No grading plans are available for on-site water and sewer
pipelines [FEIR, Volume II, p. 3-4; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, p. 3-8 though 3-9]
Page 16 } %'~ d-Ý
__ - __._._ __.__..__.__'_m..n_...,'_, .......u_._ _ _.________.___~.._____._.______ ----.
1. When detailed development plans for the Project are proposed, detailed grading
and drainage plans must be prepared in accordance with the Chula Vista Code,
Subdivision Manual, and City ordinances and adopted standards. These plans
must include not only grading for structures and roads, but also grading for on-
site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading on the site.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to issuance of building permits.
Each investigation must contain adequate subsurface exploration and analysis to
determine short- and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendations, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
B. HYDROLOGY/WATER OUALITY
Significant Effect: Flooding on-site from storm drain overflow [FEIR, Volume II, p. 3-
14 through 3-15; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant unmitigable
environmental effects regarding storm drain flooding. These measures shall be incorporated into
the Project level design. Additional information is necessary to determine Project level impact
significance and mitigation feasibility [FEIR Volume II, p. 3-22; Volume I p. 4-6]. As
described in the Statement of Overriding Considerations, however, the City Council has
determined that this significant impact is acceptable because of overriding economic, social and
other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume I, p. 3-20]
1. Preparation of a detailed drainage plan in accordance with adopted engineering
standards, must be approved by the Engineering Department before construction.
To achieve required standards, it may be necessary to raise proposed pad
elevations at the easterly portion of the site in order to provide no less than a 0.5
percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
Page 17 /g~1
"...,.---~_..- .-...---,----..----.-.--".--.-..-...---'''--,.------
3. Preparation of a site-specific hydrology study to address flooding, and erosion
must be completed prior to Project approval and included in the environmental
analysis for the Project.
4. The storm drain system will be designed in accordance with adopted City
standards.
* * *
Significant Effect: Erosion from coastal or inland flooding. [FEIR, Volume II, p. 3-14;
Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant unmitigable
environmental effects related to coastal or inland flooding. These measures shall be incorporated
into the Project level design. Additional information is necessary when detailed development
plans are available to determine impact significance and mitigation feasibility. [FEIR, Volume
II, p. 3-22; Volume I, p.4-6] As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant effect is acceptable because of
overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicants through these findings. [FEIR, Volume I, p. 3-20 through 3-21]
1. Preparation of a detailed drainage plan in accordance with adopted engineering
standards, must be approved by the Engineering Department before construction.
To achieve required standards it may be necessary to raise proposed pad
elevations at the easterly portion of the site in order to provide no less than a 0.5
percent westerly slope of the storm drain system.
2. Preparation of a site-specific hydrology study to address flooding, and erosion
must be completed prior to Project approval and included in the environmental
analysis for the Project.
3. Erosion control recommendations developed during site-specific hydrological
studies must be adopted as part of the Project approval. These erosion control
recommendations must include coastal erosion of embankments, erosion from
inland flooding (including exceeding capacity of site storm drain system), erosion
from flooding of the Sweetwater River, and erosion of the mudflats at storm drain
outlets.
4. The embankment separating the 10-acre salt water lagoon from San Diego Bay
is to be constructed as a soil berm extending up to elevation + 11 feet. The
bay ward slope may be subject to shoreline erosion. Likewise, the landward slope
may be subject to erosion from inland flooding. Mitigation measures which may
include a rock revetment to minimize erosion or other suitable design, must be
Page 18 J~)O
_..___....m~..__.__.__.__._.__.______..________."'__.·__"_.___.___
analyzed during the environmental review on the Project and adopted as a
condition of Project approval.
* * *
Significant Effect: Siltation and chemical contamination/ degradation of water quality
from surface runoff (pesticides, fertilizers, oil grease, etc.). [FEIR, Volume II, p. 3-15 through
3-16; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen the significant, unmitigable impacts. However, the FEIR concluded that even
with adoption of these measures, set forth in the FEIR and restated below, additional study is
necessary when detailed development plans are available to detennine impact significance and
mitigation feasibility. Impacts are therefore considered significant and not mitigated at this level
of analysis [FEIR, Volume II p. 3-22; Volume I, p. 4-6]. As described in The Statement of
Overriding Considerations, however, the City Council has detennined that this significant impact
is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicants through these findings. {FEIR, Volume I, p. 3-20 through 3-21]
1. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Preparation of a site-specific hydrology study to address flooding and erosion
must be completed prior to Project approval and must be included in the
environmental analysis for the Project.
4. The detention basin has been designed with a minimum I-foot freeboard base on
a lOO-year/6-hour storm event. Additionally, a dip in "F" Street creates a
spillway for excess waters, which would then encroach on "F" Street as they
travel over the embankment and into the "F" and "G" Street Marsh [John
Goddard, pers comm.] Conventional engineering practice requires consideration
of inclusion of an emergency spillway in the design of the basin. This spillway
must be designed to discharge excess storm water without encroaching on "F"
Street or causing damage to the downstream embankment to the satisfaction of the
Department of Public Works.
Page 19
)(ÝJ(
.'.-----.'--"..'..-'-.'. -'-'- .-._---""'_._,--_._""._-_.._._----~_.~-_._-_._-------
5. The proposed design of the detention basin makes use of the adjacent liP" Street
embankment on the southerly edge of the basin as a small dam. A dam of this
size is required to comply with the requirements of the County of San Diego and
shall be constructed in accordance with the County Design and Procedure Manual
[rev. October 1985] which outlines spillway design for small dams (p. 11-13).
The applicant will be required to comply with all applicable County of San Diego
regulations. Compliance with these regulations will be verified by the City of
Chula Vista Engineer.
6. Traps for containment control must be approve by the City Engineering
Department before they may be installed.
* * *
Potentially Significant Effect: Flooding of (a) low-lying areas from tidal highs,
compounded by runup from wind-driven waves (coastal flood hazards); (d) flooding from the
Sweetwater River [FEIR, Volume II, p. 3-14; Volume I, p. 4-6].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-20]
1. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and! or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Prior to approval of the Project, the applicant must prepare a site-specific
hydrology study to address flooding, and erosion.
* * *
Potentially Significant Effect: Inconsistency with City of Chula Vista standards,
specifically related to the design storm flow and gravity pipe requirements. [FEIR, Volume II,
p. 3-15; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
Page 20
/:5:3 .;¿
~,._,.".___,,__~._ ,. ,_. ,··...._._.u____
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures; The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume IT, p. 3-20 through 3-22]
1. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Preparation of a site-specific hydrology study to address flooding and erosion
must be completed prior to Project approval and must be included in the
environmental analysis for the Project.
4. The storm drain system, must be designed in accordance with adopted City
standards.
* * *
Potentially Significant Effect: Limited data regarding quantity and quality of groundwater
for the lagoons. [FEIR, Volume II, p. 3-16 through 3-17; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these fmdings.
1. The adeqüacy of groundwater quantity and quality for a lagoon on the site must
be addressed by the applicant by a thorough analysis conducted pursuant to a
scope of work approved by the City. This analysis must be completed prior to
Project approval and included as part of the environmental analysis for the
Project. If quantity and/or quality are not adequate, a different source of water
to be approved by the City (or other app must be used (Le., San Diego Bay).).
[FEIR, Volume II, p. 3-21]
C. VISUAL AESTHETICS/ COMMUNITY CHARACTER
Page 21 )fý}J
____ __._. __ --.....------..-..-..._'·0._. . .__...._.._ ---.-
Significant Effect: Change of the overall character of the view from the Chula Vista
Nature Interpretive Center, from a predominantly natural and scenic wetlands setting to one of
intense urban development [FEIR, Volume II, p. 3-29, 3-41; Volume I, p. 4-7 through 4-8]
Finding: The FEIR described mitigation measures that required a redesign of the
proposed Project. No other mitigation measures were identified that would reduce the impacts
to a level below significant. Redesign would include lowering building heights to existing LCP
limitations, with low profùe apartments, high rise hotels not exceeding 12 stories, and scaled
down development east of the marsh. Redesign of Concept Plan Alternative 8 (beyond the
minor modifications proposed by the Bayfront Planning Committee) is not proposed, thus the
environmental effects remain significant. [FEIR, Volume II, p. 3-39, 3-41; Volume I, p. 4-7
through 4-8] As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because of overriding economic,
social and other considerations.
* * *
Significant Effect: Obstruction of existing scenic bay views· from public use areas and
establishments along Bay Boulevard. [FEIR, Volume II, p. 3-31, 3-39; Volume I, p. 4-8]
Finding: The FEIR described measures that required a redesign of the proposed Project
in such a way as to permit intermittent views to the bay in order to reduce the significant
impacts to a level below significant. No other measures were found that reduced the impacts
to a level below significant. Redesign (of the Concept Plan, Alternative 8 with modifications)
was not proposed thus the environmental effects remain significant. [FEIR, Volume II, p. 3-39
through 3-41; Volume I, p. 4-7 through 4-8] As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social and other considerations.
* * *
Significant Effect: Creation of a visually dominant urban landscape from areas within
the City of Chula Vista and from 1-5 that would be incompatible with the waterfront image
community identity of Chula Vista. [FEIR, Volume II, p. 3-34 through 3-35; Volume I, p. 4-9
through 4-10].
Finding: Changes or alteration have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant, unmitigable
environmental effects. These measures must be incorporated into the Project level design and
analyzed in the environmental review for the Project. Even with incorporation of these
measures, as set forth in the FEIR and restated below, mitigation to a level of less than
significant would require Project redesign. Redesign is not proposed, thus the environmental
effects remain significant [FEIR, Volume II, p. 3-39 through 3-42; Volume I, p. 4-7,4-9 through
4-10]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social
and other considerations.
Page 22 ) g-- ~ ·]11
.-."--.---.--.-- .__._--_._-"----_.__._._----~---,-
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-40 through 3-41; Volume I, p. 4-7
through 4-10]
1. The design of the Project must establish landmarks on the site which would be
visible from "E" Street. The design of the Project must also establish a design
pattern or sequence north of the freeway and continue this design element on the
site. The Project must use compatible streetscapes along "E" Street on both sides
of the freeway to create a visual connection between the Project site and portions
of Chula Vista east of the freeway. The streetscape must consist of a
combination of street trees, street lights, or paving.
2. The applicant must install plants which eventually would frame but not block
views. The applicant must use plants with seasonal or structural interest to
emphasize view corridors. The landscape plans for the Project must emphasize
on-site view corridors by flanking views with plant and buildings.
3. The applicant must prepare and implement lighting plans which accentuate
entrances to the site and landmarks. The. lighting plan must keep overhead
lighting to a minimum and hood lights in order to prevent light spill. Low
lighting is required along the shoreline.
4. The applicant must use colors and materials which would blend into the site.
Appropriate colors could include lighter tones and pastels. Reflective glass or
reflective roof materials will not be allowed.
5. That applicant must provide visual orientation soon after entering the site in order
to direct visitors to each major site area. Such orientation could be provided by
street design and amenities, such as recognizable patterns, and by building siting.
D. CONVERSION OF AGRICULTURAL LANDS
Less-than-Significant Effect: The loss of approximately 45 to 65 acres of potential
agricultural land. [FEIR, Volume II, p. 3-44; Volume I, p. 4-11]
Finding: The FEIR does not cite any significant adverse Project effects in the area of
conversion of agricultural lands. [FEIR, Volume II, p. 3-45; Volume I, p. 4-11]
Page 23 )~;I-ç
.-.----.......--.- ,. -...-.....--,-,---...-.......--.--.-...----.-------.....'---..'.-'
. AIR QUALITY
Potentially Significant Effect: Development of a co-generation plant could create
emissions that exceed new source review limits, and cumulative impacts could occur from
vehicular emissions added to the co-generation plant impacts. [FEIR, Volume II, p. 3-52 through
3-54; Volume I, p. 4-11]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measure has been found to be feasible
and has been required as a condition of approval or has been made binding on the applicant
through these findings.
1. Mitigation is required by the San Diego County Air Pollution Control District
(APCD) before an authority to Construct and a Permit to Operate is issued.
Mitigation may include concurrent reductions in NOx, ROG and CO to "offset"
Project (co-generation plant) emissions. [FEIR, Volume II, p. 3-54] Specific
mitigation measures are not available at the plan level but will be analyzed during
the Project level environmental review when specific plans for the co-generation
plant are available.
* * *
Potentially Significant Effect: An incremental contribution to a regionally significant air
quality impact in the San Diego Air Basin would occur from vehicular emissions. [FEIR,
Volume II p. 3-51; Volume I, p. 4-12]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings.
Various transportation control measures (TCMs) have been incorporated into the Project.
Such measures must include provisions for employees, residents, and visitors. Measures
that could be included are:
· Airport shuttle services for destination resort visitors
· Ridesharing
· Vanpool Incentives
· Alternate Transportation Methods
· Work Scheduling for Off-Peak Hour Travel
· Transit Utilization
· Program Coordination
Page 24 J~:J¿
. ..' -------,..-._-------~---..._--_._,---------_.._---_.- -----------~---
. Traffic Signal Coordination
. Physical Roadway Improvements to Maintain LOS of "D" or better based on the
impact of this Project on the existing roadway. The "share" of impact by this
Project on the existing roadway shall be calculated by accepted engineering
methods. (Robin-this is a rough stab at some nexus language)
The implementation of these various TCMs must be coordinated through a transportation
management agency (fMA) dealing specifically with bayfront traffic demand
management. The applicant will be required to form such a TMA, including funding of
a TMA coordinator and mandatory tenant participation, to the satisfaction of the City.
[FEIR, Volume II, p. 3-54 through 3-55]
* * *
Potentially Significant Effect: Construction activities would create dust that contributes
to violations of inhalable dust (PM-lO) standards, and multiple construction-related trucks
blocking traffic or idling near occupied receptor sites could create unacceptable air quality
effects. [FEIR, Volume II, p. 3-49 through 3-50; Volume I, p. 4-11]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-54]
1. Dust control measures required by the AQMD will be implemented during
construction. Such measures must include maintaining adequate soil moisture as
well as removing any soil spillage onto traveled roadways through site
housekeeping procedures.
2. Reducing interference with existing traffic and preventing truck queuing around
local receptors must be incorporated into any Project construction permits.
Trucks must turn off engines while waiting, or not be allowed to enter the site
again. Construction will be limited to operations during daytime periods of better
dispersion that minimizes localized pollution accumulation.
F. NOISE
Potentially Significant Effect: Construction noise could reach 75 to 100 dB at 50 feet
from the source. [FEIR, Volume II, p. 3-58; Volume I, p. 4-12] Noise impacts related to
Biological Resources are discussed in the following section.
Finding: Changes or alterations have been required, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
Page 25 J ð"--- .J '/
~ _ "H" "_.._......_ _ ___ ___. .~. . _..,._.~...._._____~ ..."_'."._.._..___._._._..___,.__
and have been required either as a condition of approval or have been made binding on the
applicant through these fmdings.
1. Construction noise intrusion will be limited by conditions on construction permits
to weekday hours between 7:00 a.m. and 7:00 p.m.. Those same permits will
also specify construction access routing to minimize construction truck traffic past
existing residential, park, or other noise sensitive uses to comply with General
Plan noise standards and policies. [FEIR, Volume II, p. 3-58, 3-60]
* * *
Potentially Significant Effect: The proximity of the proposed Child Care Center to 1-5
(800 feet) and to the co-generation plant exhaust stacks (500 feet) has the potential to result in
significant noise effects [FEIR, Volume II, p. 3-59; Volume I, p. 4-12].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measure has been found to be feasible
and has been required either as a condition of approval or has been made binding on the
applicant through these findings.
1. Child care center noise exposure must be minimized by establishing a noise
performance standard on co-generation exhaust stack noise met through the use
of silencers; a performance standard of 45 dB at night and 50 dB by day at 400
feet from the exhaust stack is required to prevent excessive exhaust noise
intrusion. A noise barrier along the eastern play area boundary to screen out
traffic noise must also be incorporated into the Project level design. [FEIR,
Volume II, p. 3-60]
G. BIOLOGY
Significant Effect: Construction and ongoing use of the proposed development would
generate contaminants that would degrade water quality [FEIR, Volume II, p. 3-79 through 3-82;
Volume I, p. 4-12 through 4-13].
Finding: The FEIR concluded that even with adoption of the measures set forth in the
FEIR and restated below, additional study is necessary when detailed development plans are
available at the Project level to determine impact significance [FEIR, Volume II, p. 3-82;;
Volume I, p. 4-13]. Impacts are therefore considered significant and not mitigated at this level
of analysis. As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because of overriding economic,
social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
Page 26 Jg'~J7
",-----,---- . ____._ ~n_·_____·~_···_·___·_'___·___·_·_·_'·__________
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post-construction colleCtor drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
4. Long-term silt removal maintenance of the detention basin will be minimized
following the initial construction phases of the proposed Project. This
maintenance cleaning may not be required since the traps, if properly constructed
and maintained, will capture the vast majority of the silts which would be
deposited in this basin.
5. Further studies during the Project level environmental analysis are required to
evaluate the effects of groundwater pumping to fill the proposed lagoon. If these
studies indicate that this is not a suitable solution because of contaminants or
reduced salinities, a saltwater intake from the bay must be placed in a drain
alignment or along a similar low impact corridor and shall be separated from the
drain at a point below the existing eelgrass beds. Impacts associated with the
placement of this system must be mitigated by the rapid restoration of impacted
areas. Any required discharge or drainage system from the interior lagoons must
be to the proposed storm drain system, which flows through a triple baffle trap
intended to control contaminants, rather than directly to the bay. The specific
drainage discharge system will be further defined and environmental review will
be completed at the Project level.
6. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
Page 27 / g':----.-rfI
-.-..---...-..-.---...-..-....
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
7. Fertilizers, pesticides and herbicides utilized within the landscaping areas of the
Project shall be of the rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and runoff management shall
be developed in accordance with Mitigation Measure 1 of this section.
8. All landscape chemical applications (e.g. pesticides and herbicides) must be done
by a state-certified landscape contractor.
9. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, pennits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
10. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
11. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
* * *
Significant Effect: Alteration of the Predator/Competition/ Prey balance as a result of
the proposed changes in land uses would significantly affect biological resources [FEIR, Volume
II, p. 3-91 through 3-97; Volume I, p. 4-13]
The FEIR concluded that even with adoption of the measures set forth in the FEIR and
restated below, additional study will be necessary to determine impact significance when detailed
development plans are available at the Project level. Impacts are therefore considered significant
and not mitigated at this level of analysis. As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social and other considerations.
Page 28 /g:-~{/
___.M'_ _....__,.,._. u_ ----.----..--- ----..".
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. a. No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS, as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
3. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans, to achieve these goals, must be
reviewed and approved by the City prior to the issuance of building permits.
4. The proposed development and parks must be designated as a "no pets" area.
Posting of all of the parklands/public access areas will be required in addition to
Page 29 /~f//
- --.-..- --.-----_.~"_. - ,-,.,,------..-.-. --..-._~_._-~-------------_.__.,-
imposing fines based on the existing or new City municipal codes, including this
restriction in all leases and enforcing these restrictions. Plans to achieve these
goals must be reviewed and approved by the City prior to the issuance of building
permits.
5. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
6. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection.
Plans to achieve these goals, including detailed landscape and buffer design plans
are required to be approved by the City prior to the issuance of building permits.
7. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fmes as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
8. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
9. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
10. Public awareness signs explaining the resources, concerns and prohibited activities
Page 30 )~~Lþ.
_'.._.n___. ___.___,..____._~_ ___________~___________.~__~___,___
must be prominently posted throughout the affected parklands.
11. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
12. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
13. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such as
Nixalite. A commitment to correct any additional problem areas shall be obtained
from the applicant in the event that a heavy incidence of perching is observed or
should a nest by raptors is initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
14. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
15. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
16. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
Page 31 ) PJ/;J
_._-----.._-_._.-~. -~_._._--
achieve these goals are required to be reviewed and approved by the City prior
to issuance of building permits and will be verified for consistency with current
plans/programs of the USFWS.
* * *
Significant Effect: Due to the limited extent of coastal habitats, and the high diversity
and numbers of raptors utilizing this area, the loss of habitat to development is considered an
incremental, but significant effect of the Project. [FEIR, Volume II, p. 3-98 through 3-100;
Volume I, p. 4-13]
Finding: The FEIR concluded that, although there are feasible measures available to
reduce this impact, the loss of the resource cannot be substantially compensated for and the
impact remains significant. [FEIR, Volume II, p. 3-100; Volume I, p. 4-13] The feasible
measures, as set forth in the FEIR, are restated below. As described in the Statement of
Overriding Considerations, however, the City Council has determined that this significant impact
is acceptable because of overriding economic, social, and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible,
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
2. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
3. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
4. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected park:lands.
Page 32 J <g'rlji
-----,---~_._----,- ---,_._._--_.,._.~....._~. ,....---.-.-..---..-..-..-
5. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh shall be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g. large half-round corrugated culverts of a 10
foot or more radius).
6. No further dredging, structural changes, or proposed uses shall be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
7. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A mm glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CBQA analysis.
8. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such as
Nixalite. A commitment to correct any additional problem areas shall be obtained
from the applicant in the event that a heavy incidence of perching be observed or
should a nest by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CBQA analysis.
9. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder Point,
ideally, with marshal linkage to both the "B" Street Marsh and Sweetwater Marsh
to aid in off-setting impacts associated with encroachment, predation, and loss of
habitat use by avian species. These 13.2 acres would replace the loss of some of
the values associated with the 3,840-foot length of marshland fringing the "B"
Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted by
predator/competitor threats and encroachment pressures. Detailed plans, to
achieve these goals, are required to be reviewed and approved by the City prior
to the issuance of building permits will be verified for consistency with current
plans/programs of the USFWS.
* * *
Significant Bffect: The proximity of the proposed development to the extensive
Page 33 ~
¡z,/r"/,;?
_...._..__._._-_.__._.,..,."._....._--_._--~--~_..._.
surrounding wetlands creates significant vector impacts. [FEIR, Volume II, p. 3-101 through
3-102; Volume I, p. 4-13]
Finding: The FEIR concluded that, with adoption of the mitigation measures set forth
in the FEIR and restated below, the significant impact would be minimized, but that until a
vector control plan is available for the Project level analysis, a determination of mitigation
effectiveness cannot be determined. Thus, this impact remains significant at this level of
analysis. [FEIR, Volume II, p. 3-101 through 3-102; Volume I, p. 4-13] As described in the
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable because of overriding economic, social, and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible,
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. Fertilizers, pesticides, and herbicides utilized within the landscaping areas of the
Project must be of the rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and runoff management shall
be developed in accordance with mitigation measure "1" of this section.
2. All landscape chemical applications (e.g., pesticides and herbicides) must be done
by a state-certified landscape contractor.
3. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals shall be reviewed and approved by the City prior to the
issuance of building permits.
4. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
5. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
Page 34 )Y~J/?
_...-.__._~ -- -..-.-.. -_._....,_.._,._---_.~._---,-----
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits
6. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. Park uses within the lower third of the 6.8-acre park zone at the "F" & "0"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
V ener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
9. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
* * *
Significant Effect: Development would create predator enhancement effects to the Light-
footed Clapper Rail and Belding's Savannah Sparrow, which are listed by the California
Department of Fish and Oame as endangered, and by the U.S. Fish and Wildlife Serve as
endangered - Clapper Rail, and as Category II - Belding's Savannah Sparrow.
Finding: The FEIR has found that not enough specific Project-level detail has been
provided to determine whether or not these impacts would be reduced to a less than significant
level. Mitigation measures, set forth in the EIR and restated below, would minimize the
impacts, but not to a level of less than significant, therefore, these impacts remain significant
at this level of analysis and further environmental analysis will be required for specific
construction Projects. [FEIR, Volume II, p. 3-104 through 3-105; Volume I, p. 4-13] As
Page 35 l,r~ 17
----...-..--...- .. ..~",----"~_._--_._---_.'-""'~------ -~...._---,-- ...--
described in the Statement of Overriding Considerations, however, the City Council has
determined that this significant impact is acceptable because of overriding economic, social and
other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible,
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
3. A qualified monitor (as determined by the City Planning Department) shall be
required for all phases of grading and installation of drainage systems. The
monitor shall be employed through the City and shall report directly to a specific
responsible person in the Engineering, Planning, or Community Development
departments should construction activities fail to meet the conditions outlined or
should unforseen problems arise which require immediate action or stopping of
the construction activities. This monitor will also be required to monitor on a
reduced basis during actual building construction.
4. The proposed development and parks must be designated as a "no pets" area.
Posting of all of the parklands/public access areas will be required in addition to
imposing fines based on the existing or new City municipal codes, and including
this restriction in all leases and enforcing these restrictions. Plans to achieve
these goals must be reviewed and approved by the City prior to the issuance of
building permits.
Page 36
) g'>Lj,g/
~---- .._M_n_ ___._____. ____.._,.____,__.._._.~_~___
5. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
6. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
7. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fmes as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits
8. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
9. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
10. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within "F" & "G" Street Marsh area and the area between the "F" & "0" Street
Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh and four
acres of Salt Marsh shall be created in this area. In addition, tidal flushing shall
Page 37 / J"/(1
_e·'·,,_"'" -,- --,...."._- .--.....----..-.----.-..--- --."'-.--.
be enhanced as identified in the Wetlands Research Associates restoration plans
[1987]. Further, if marshlands are to be created, as proposed, on both sides of
Marina Parkway, undercrossing areas which remain dry during high tide would
be required. (e.g. large half-round corrugated culverts of a 10 foot or more
radius).
11. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
12. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
13. Buildings facing marshlands shall not include extraneous ledges upon which raptor
could perch or nest. Additionally, roof peaks and crests which are exposed to the
wetlands must be covered with an anti-perch material such a Nixalite. A
commitment to correct any additional problem areas shall be obtained from the
applicant in the event that a heavy incidence of perching be observed or should
nest building by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
14. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
15. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
16. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
17. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
Page 38 16~5é/
. .-.-----.'. '-~~--"-' " - -~_._._..._,--~-,--.+-_._"._...._------~_._"'"_.~
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"En Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
* * *
Potentially Significant Effect: Vegetation and wildlife within wetlands could be
significantly altered by wide fluctuations in the salinity regimes of the marshlands due to
increased freshwater input from site drainage. [FEIR, Volume II, p. 3-76 through 3-79; Volume
I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resources management plans as individual sections:
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
Page 39 / %--:>/
- -",-- -- .---.- ,. - -- ---_.~_..._- . .... --"._._-'--_.~--'--- "'-"...,.--_._-----_.._------~----
resuspending bottom silts, but at a depth of at least eight feet.
3. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
4. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
5. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g. large half-round corrugated culverts of a 10
foot or more radius)
* * *
Potentially Significant Effect: The substantial grading, excavating, and dewatering have
the potential for creating considerable erosion within the uplands, and sedimentation/turbidity
in the wetland and nearshore marine systems -- eelgrass habitat may be lost, and mudflat habitats
may be modified. [FEIR, Volume n, p. 3-82 through 3-84; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume n, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. Predator Management Plan
Page 40 I~ß
_._--,._...-._._~_.._.
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/OrdinancesJ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post-construction collector drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
4. Further studies are required to evaluate the effects of groundwater pumping to fill
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain ~ignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
5. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
6. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
Page 41 / y~~Ç;3
..---.-..---,-.-..---... - --- -_.._._-----_....--_..~,,-_.._--- .-.-
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. Public awareness signs explaining the resource concerns and prohibited activities
must be prominently posted throughout the affected parklands.
Potentially Significant Effect: Construction of the Project would generate considerable
noise and increased human activities for a 20-year period, could increase sediment erosion and
accretion patterns, further generate elevated turbidity in adjacent water, siltation in adjacent
wetlands, potentially release toxins into adjacent wetlands, and elevate predator/scavenger
densities within the vicinity of the development area. [FEIR, Volume II, p. 3-84 through 3-85,
3-105 through 3-106; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been Found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. a. No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
Page 42 ) g<---ç f
_....___.._.. _ ~__~._ .___._..__.____.__..._____m_____~_··
monitor, and concurred with by the USFWS as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
3. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a fllter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
4. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
5. A qualified monitor (as determined by the City Planning Department) shall be
required for all phases of grading and installation of drainage systems. The
monitor shall be employed through the City and shall report directly to a specific
responsible person in the Engineering, Planning, or Community Development
departments should construction activities fail to meet the conditions outlined or
should unforseen problems arise which require immediate action or stopping of
the construction activities. This monitor will also be required to monitor on a
reduced basis during actual building construction.
Significant Effect: Increased human and pet presence would significantly affect the
quality of the adjacent Sweetwater Marsh National Wildlife Refuge, and decrease the use of the
area by nesting and foraging avifauna. [FEIR, Volume II, p. 3-88 through 3-91; Volume I, p.
4-13]
Finding: The FEIR found that the mitigation measures, set forth in the FEIR and
restated below, are feasible to reduce this impact to a level less than significant at the Project
Page 43 ------
) ~.5.?
-"'.,'-----"-'-' _..____m_n__....____., _____..__________.,__....___.__._
level, but that for the plan level, impacts are not mitigated. At the Project level analysis will
be required to analyze the extent of the impacts and to confirm and/or supplement the adequacy
of the mitigation measures identified below. [FEIR, Volume II, p. 3-91] As described in the
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable because of overriding economic, social, and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these tindings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
3. The proposed development and parks must be designated as a "no pets" area.
Posting all of the parklands/public access areas will be required in addition to
imposing fines based on the existing or new City municipal codes, and including
this restriction in a1lleases and enforcing these restrictions. A plan to achieve
these goals must be reviewed and approved by the City prior to the issuance of
building permits.
4. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved prior to the issuance of
building permits.
Page 44 ) ;r~ ß
.-----.'. ~....._."._~.,-_.-._------~._---
5. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the city prior to the
issuance of building permits.
6. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fmes as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
7. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
8. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
9. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g.1arge half-round corrugated culverts of a 10
foot or more radius)
10. No further dredging, structural changes, or proposed uses will be allowed to
Page 45 )~5?
,._~"- "-.-_._-~.--.-,-.---.----'---"-------- -----
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
11. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such a
Nixalite. A commitment to correct any additional problem areas shall be obtained
from the applicant in the event that a heavy incidence of perching be observed or
should nest building by raptors be initiated on the buildings or in landscaping
materials. These design features will be reviewed during the Project level CEQA
analysis.
12. Park uses within the lower third of the 6.S-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrub land restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA.
13. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
14. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
15. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
* * *
Page 46 / ~ 5"7
-..--..- .. _.~_..- -.,.,-.-- ... ---..-------...-.---..,--- - _.,-----_....._._--~ ---.
Potentially Significant Effect: Effects from development on the California Least Tern
could occur including indirect effects of water quality degradation, nest site predation, disruption
from humans and pets, and altering of the predator regime. [FEIR, Volume II, p. 3-104;
Volume I, p. 4-13]
Findings: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post-construction collector drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
4. Further studies are required to evaluate the effects of groundwater pumping to fill
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain alignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
Page 47 /5'_S¡
_____..__u.-n --- ._....- .. "."'.~"-"---"'-'~--'---""--""'-"--'--
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
5. a. No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
6. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
7. Fertilizers, pesticides, and herbicides utilized within the landscaping areas of the
Project must be of the rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and runoff management shall
be developed in accordance with mitigation measure I of this section.
8. All landscape chemical applications (e.g., pesticides and herbicides) must be done
by a state-certified landscape contractor.
9. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
Page 48 / 3"r ¿. ¡)
-_.._--~---- -.-.--.-.-.....-..-,--.- -..---~--_.__..._.-._._-
10. The proposed development and parks must be designated as a "no pets" area.
This means posting all of the parklandslpublic access areas and imposing fmes
based on the existing or new City municipal codes, and posting the development
areas and including this restriction in all leases and enforcing these restrictions.
A plan to achieve these goals must be reviewed and approved prior to the
issuance of building permits.
11. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. A pl¡m
to achieve these goals must be reviewed and approved prior to the issuance of
building permits.
12. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fmes.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh ¡md Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
13. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan will include the use of fines as an enforcement tool
to control human and pet activities. The plan shall be comprehensive and must
include management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
14. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals must be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
15. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
Page 49 /F---t/
--_._...._._~-------,..._-,-,.._,-----_.~~--
mitigation programs for the Project.
16. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g.large half-round corrugated culverts of a 10
foot or more radius)
17. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas
18. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
19. Buildings facing marshlands shall not include extraneous ledges upon which raptor
could perch or nest. Additionally, roof peaks and crests which are exposed to the
wetlands must be covered with an anti-perch material such a Nixalite. A
commitment to correct any additional problem areas shall be obtained from the
applicant in the event that a heavy incidence of perching be observed or should
nest building by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
20. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
Page 50 / í)-J;:¿
_"___. __._.__..·_'m_______·+_~~_,__~·_·__·__·__·_~___'__..__·-__~__
21. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
22. Public awareness signs explaining the resources, concerns, and prohibited
activities must be prominently posted throughout the affected parklands.
23. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
Potentially Significant Effect: Placement of site drainage pipes and resultant increased
freshwater inputs and sediments accretion and erosion could severely affect the eelgrass and
mudflats marine resources. [FEIR, Volume II, p. 3-106 through 3-107; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these [mdings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
· Predator Management Plan
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. a. The "direct to bay" drains shall be designed and constructed with effective
energy dissipators and flow diffusers which eliminate erosion or accretion
Page 51 / ~/t)
---~._._-_.._---_.., .. -_._-_.----_._._._----------,--'"----_.~
of the mudflats and ensure the protection of adjacent eelgrass beds. An
expected loss of mudflat totaling not less than 1.7 acres must be replaced
within the NWR in a location away from the proposed development area.
The drains and the surrounding mudflats and eelgrass beds shall be
monitored in accordance with an approved Mudflat and Wetlands
Monitoring Plan (Requirement 1) for a period of five years and any
additional corrective measures required must be implemented an any
additional impacted areas resulting shall be replaced by the creation of a
similar area from the uplands of the "D" Street Fill or Gunpowder Point.
b. As an alternative, the two "direct to bay" drains must be extended to
subsurface discharge points located in the existing "J" Street Marina boat
channel. These discharge points must be located at a minimum depth of -
10 ft. MLLW and shall be buried in the mudflat to a point below the
existing eelgrass beds. Drain placement shall seek to impact the least
amount of eelgrass beds. Drain placement shall seek to impact the least
amount of eelgrass habitat possible by either combining the drains or
avoiding dense eelgrass beds. Surface contours must be restored and any
construction impacts to eelgrass must be mitigated by replanting over the
pipeline.
3. Further studies are required to evaluate the effects of groundwater pumping to fill
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain alignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
4. a. No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
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during the period 15 Marsh and 31 August without prior approval by the
u.s. Fish and Wildlife Service and California Department of Fish and
Game.
5. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
6. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as the relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals must be reviewed and approved by the City prior to
the issuance of building permits will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
9. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parldands.
H. ARCHAEOLOGYIHISTORY/PALEONTOLOGY
Potentially Significant Effect: Development outside of the Project boundaries (e.g., for
the extension of utilities to serve the site) could impact adjacent archaeological sites. [FEIR,
Volume II, p. 3-120 through 3-122; Volume I, p. 4-13].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Page 53 ,.---
l3''-·~.7
." .. ..._. ._,..~_____....__.___.... _.__"__~'m____.'.._""'_"'·_'______'__"__"________
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through these findings.
a. All off-site improvements shall be subjected to archaeological review at the
Project level of environmental review. [FEIR, Volume II, p. 3-124; Volume I,
p. 4-13].
* * *
Potentially Significant Effect: Impacts to paleontological resources (fossils) may occur
when the site is graded as earth moving activities cut into the potentially fossil-bearing layers
[FEIR, Volume II, p. 3-122; Volume I, p.4-13].
Finding: Changes or alterations have been required in, or incorporated into, the
Project which will avoid the potentially significant environmental effect as identified in the Final
EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-123; Volume I, p. 4-13].
a. A qualified paleontologist shall be at any pre-construction meeting to consult with
the grading and excavation contractors.
b. A paleontological monitor shall be site on half time basis during the original
cutting of previously undisturbed sediments of the deposits mapped as Bay Point
Formation to inspect cuts for contained fossils. If the deposits are discovered to
be fossiliferous then monitoring will proceed; if on the other hand they turn out
to be barren colluvial deposits then monitoring will not be continued. (The areal
distribution of these deposits is summarized on the geological map of Kennedy
and Tan, 1977.)
c. In the event that well-preserved fossils are discovered, the paleontologist will be
allowed to temporarily direct, divert, or halt grading to allow recovery of fossil
remains in a timely manner. Because of the potential for the recovering of small
fossil remains such as isolated mammal teeth, it may be necessary to set up a
screen-washing operation on the site.
d. Fossil remains collected during any salvage program will be cleaned, sorted, and
catalogued an then, with the owner's permission, deposited in a scientific
institution with paleontological collections such as the San Diego Natural History
Museum.
I. LAND USE/GENERAL PLAN ELEMENTS/ZONING
Page 54 /$''i.?
.-- -- -"._.,..._----_-..-_.~._.._---~._--~--,._--------~.
Significant Effect: The intensity of the proposed land uses will result in a significant
conflict because of incompatibility with the land use intensity in the surrounding area. [FEIR,
Volume II, p. 3-131 through 3-133; Volume I, p. 4-13 through 4-15].
Finding: The FEIR concluded that only Project redesign to reduce intensity in
accordance with the building heights and square footage allowed by the certified LCP would
mitigate the impact to a less than significant level. [FEIR, Volume II, p. 3-138; Volume I, p.
4-15]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social,
and other considerations.
* * *
Potentially Significant Effect: The residential units above the commercial retail and the
nearby commercial visitor uses in the central core area would be exposed to much commercial
activity .
Traffic congestion, competition for parking, noise from traffic and visitors, and night-lighting
could create significant incompatibility impacts. [FEIR, Volume II, p. 3-133; Volume I, p. 4-14
through 4-15].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effects as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-138; Volume I, p. 4-14 through 4-15].
a. Insulation, in accordance with the Uniform Building Code (UBC), shall be
required in all exterior and interior residential walls.
b. Units must be designed such that insulation between units occurs, in walls,
ceilings, and floors, to reduce potential noise impacts.
c. Residential window treatments shall be designed to reflect some light.
d. Designated parking spaces within a separate locked and secure area shall be
provided for residents.
* * *
Significant Effect: The proximity of the proposed development site (even with the
buffers) coupled with the intensity of the proposed Project, creates significant land use
compatibility conflicts between the National Wildlife Refuge and the proposed development site.
[FEIR, Volume II, p. 3-133; Volume I, p. 4-14].
Finding: The FEIR concluded that only Project redesign to lower building heights which
are close to the Refuge boundaries (to no greater than 30 feet along the perimeter of the site),
Page 55 / '5---- ¿ 7
--_..~-" ----~_._._--_._-----,_.,--_..._--~------~--
and decrease intensity (to a level similar to the intensity allowed under the certified LCP) would
mitigate the impact to a less than significant level. [FEIR, Volume II, p. 3-138; Volume I, p.
4-14]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social,
or other considerations.
* * *
Significant Effect: The proposed concept plan is not consistent with the certified LCP,
General Plan (2010), and Bayfront Redevelopment Plan.
Finding: Changes or alterations have been required in, or incorporated into, the proposal
which can reduce to a less than significant level the impact identified in the Final EIR.
Mitigation Measure: The following mitigation measure is found to be feasible and has
been required either as a condition of approval or has been made binding on the applicant
through these findings. [FEIR, Volume II, p. 3-138 through 3-140; Volume I, p. 4-15].
1. The certified LCP, General Plan, and Bayfront Redevelopment Plan must be
amended to be consistent with the proposed concept plan.
J. COMMUNITY SOCIAL FACTORS
The FEIR does not cite any significant adverse effects in the area of Community Social
Factors. [FEIR, Volume II, p. 3-142 through 3-143; Volume I, p. 4-15 through 4-16].
K. COMMUNITY TAX STRUCTURE
The FEIR does not cite any significant effects in the area of Community Tax Structure.
[FEIR, Volume II, p. 3-144; Volume I, p. 4-16].
L. PARKS. RECREATION AND OPEN SPACE
Potentially Significant Effect: Public access opportunities from I - 5 and areas to the east
may be constrained. [FEIR, Volume II, p. 3-148 through 3-150; Volume I, p. 4-18 through 4-
19].
Finding: Changes or alterations have been required in or incorporated into, the Project
which will substantially avoid the potentially significant environmental effects as identified in
the EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required as a condition of approval or has been made binding on the applicant through
these fmdings.
Page 56 / (5~?7
,._._....,-.-.__._----~._--_._-~,-_.._-_....._- .......---
a. The applicant shall submit an access plan, showing designated public parking
areas, access routes to public areas, and access routes and signage from the east
side of 1-5 across the "E" Street bridge at the Project level of environmental
review. An access plan to achieve these goals must be reviewed and approved
by the City prior to the issuance of building permits. [FEIR, Volume II, p. 3-
151; Volume I, p. 4-18 through 4-19].
* * *
Potentially Significant Effect: Park development according to the proposed phasing plan
would not provide adequate park area or parking for parks to accommodate the anticipated high
public usage. [FEIR, Volume II, p. 3-148; Volume I, p. 4-18].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effects identified in the EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through these findings.
a. The applicant must include all parks development and parking for parks within
the first phase of development. [FEIR, Volume II, p. 3-151; Volume I, p. 4-18].
* * *
Potentially Significant Effect: The proposed concept plan includes a potentially
insufficient amount of parking for park users. [FEIR, Volume II, p. 3-149 through 3 -150;
Volume I, p. 4-18].
Finding: Changes or alterations can be incorporated into the Project at the Project level
of CEQA compliance which would avoid the potentially significant environmental effect
identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required to be incorporated into the Project proposal at the Project level of CEQA
compliance.
a. Additional public parking spaces may be required by the City. The number of
spaces and the location of those spaces will be determined during Project level
CEQA review. [FEIR, Volume II, p. 3-152; Volume I, p. 4-18 through 4-19]
* * *
Significant Effect: Implementation of proposed concept plan would result in
shade/shadow impacts to park and public open space areas. [FEIR, Volume II, p. 3-150 through
3-151; Volume I, p. 4-19 through 4-20].
Page 57 /,5)/'~ /
___n ___,.,,_~.__ - ---_.,----_.--_.~.__.-.._~-----_._-_..--- -..
Finding: The FEIR concluded that only Project redesign to reduce the heights of the
hotels to a range of 6-12 stories would mitigate the impact to a less than significant level.
[FEIR, Volume II, p. 3-151; Volume I, p. 4-19 through 4-20]. As described in the Statement
of Overriding Considerations, however, the City Council has determined that this significant
impact is acceptable because of overriding economic, social, or other considerations.
M. UTILITY SERVICE
Potentially Significant Effect: Implementation of the concept plan would result in an
incremental contribution to cumulative impacts to non-renewable energy resources (fossil fuels).
[FEIR, Volume II, p. 3-158; Volume I, p. 4-20].
Finding: The Final EIR concluded that, cumulative energy resource impacts can be
mitigated below a level of significance by the adoption of the mitigation measures set forth
below. [FEIR, Volume II, p. 3-162 through 3-163; Volume I, p. 4-20].]
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings.
a. Include double-pane glass, provide increased wall and ceiling insulation,
incorporate solar energy opportunities, provide efficient sealing of doors and
windows, and include time controlled lighting systems throughout the
industrial/commercial portions of the Project to minimize cumulative impacts to
non-renewable energy sources. [FEIR, Volume II, p. 3-162 through 3-163;
Volume I, p. 4-20].
* * *
Potentially Significant Effect: The proposed high rise buildings would result in the need
for an additional ladder truck and four-person crew by the Fire Department. [FEIR, Volume
n, p. 3-159; Volume I, p. 4-21].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required wither as a condition of approval or have been made binding on the applicant
through these fmdings.
a. An additional ladder truck will be funded by the applicant in a manner acceptable
to the City and the applicant. The annual salaries of the four-person crew will
be funded by the City. [FEIR, Volume II, p. 3-164; Volume I, p. 4-21].
* * *
Page 58 /%- 7tJ
._...~-_..._.._-_.._-_......,..,..._-.__._.~_._--_._-----'''-''--
Potentially Significant Effect: The proposed Project will result in an increased work load
for the Fire Department due to plan review, site inspections, routine fire safety inspections, and
public education programs. [FEIR, Volume II, p. 3-159; Volume I, p. 4-21].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or have been made binding on the applicant
through these findings.
a. An additional fire inspector will be necessary to handle the additional work load
created by this Project. The City's General Fund will pay for the additional
position. [PEIR, Volume II, p. 3-164; Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed Project will result in an increased work load
for the Fire Department due to plan review, site inspections, routine fire safety inspections, and
public education programs. [PEIR, Volume II, p. 3-159; Volume I, p. 4-21]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through theses findings.
a. An additional fue inspector will be necessary to handle the additional work load
created by this Project. The applicant will fund that additional position. [FEIR,
Volume II, p. 3-164; Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed concept plan has the potential to result in
significant impacts on fire service if the subsequent Project is not properly designed from a fue
safety standpoint. [PEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-21]
Finding: Changes or alterations have been required in, or incorporated into the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [PEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-
21]
a. Maximum fire flow shall be 5000 gpm.
Page 59 /8'>7/
--------.,.-.---..----.----.-...,-.--. ,-.- ---.-.-.--.,.---..--.--.-..----.---.----
b. Fire department roadway access shall be provided to within 150 feet of all
portions of any building.
c. All roadway widths shall be a minimum of 20 feet wide.
d. All apartments, three or more stories in height or containing more than 15
dwelling units and every hotel three or more stories in height or containing 20 or
more guest rooms shall be provided with a fully automatic fire sprinkler system.
e. A fire alarm/excavation system shall be provided for all
public assembly, and multi-residential occupancies.
f. All Title 1924 California Code of Regulations (State Fire Marshal's Rules and
Regulations) shall apply relative to public assembly and high rise occupancies.
g. Fire department access roadways greater in length than 150 feet shall be provided
with the provision for the turning around of fire apparatus (either a 75 x 24 foot
hammerhead or a 40 foot radius cul-de-sac).
h. Private fire hydrants will be required to satisfy the requirement that any part of
the ground floor of any building shall be within 150 feet of a water supply.
These hydrants shall be in place and operable prior to the delivery of combustible
building materials.
1. Public fire hydrants will be required every 300 feet on public streets. However,
if the location of major buildings is unknown, hydrants may be located specific
to the buildings. This would result in more effective coverage, and could
possibly result in fewer fire hydrants. For design interest, there are hydrants
manufactured which have a lower prof11e than the traditional barrel type.
J. Address signs - Easily readable signs which can be seen from the street are
required. Large, contrasting block letters and numbers must be utilized.
* * *
Potentially Significant ·Effect: Solid waste generated from the proposed Project site
would result in an incremental contribution to the limited and declining landf111 space in San
Diego County. [FEIR, Volume II, p. 3-160; Volume I, p. 4-21]
Findings: Changes or alterations have been required in, or incorporated into, the
proposed Project which will lessen the potentially significant environmental effect as identified
in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings.
Page 60 /'6/7:2
--~---_. ---,---~-~ ., ._-.-._"-"-~--,_._------------_...~-----
a. In order to reduce the volume of trash, a recycling program shall be undertaken
by the applicant in conjunction with a local recycling company. The recycling
program shall include bins on site for the collection of recyclable materials such
as glass, plastic, metal, and paper products for residents, businesses, and visitors.
[FEIR, Volume II, p. 3-164; Volume I, p. 4-21]
b. Also to reduce the volume of trash, the development shall be required to
incorporate trash compactors into all building plans. [FEIR, Volume II, p. 3-164;
Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed Project may result in significant impacts to
sewer infrastructure. The magnitude of this impact will not be known until detailed plans for
the infrastructure are prepared. [FEIR, Volume II, p. 3-160; Volume I, p. 4-21]
Findings: Changes or alterations can be incorporated into the Project at the Project level
of CEQA compliance which would avoid the potentially significant environmental effect
identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required to be incorporated into the Project proposal at the Project level of CEQA
compliance.
a. The City Engineering Department must review the plans for consistency with the
City's Thresholds Standards and with the system which the Project will tie into.
Connections which exceed the threshold standards will not be allowed. [FEIR,
Volume II, p. 3-164; Volume I, p. 4-22]
* * *
Potentially Significant Effect: The proposed Project would result in significant impacts
to water infrastructure. [FEIR, Volume II, p. 3-164 through 3-165; Volume I, p. 4-22]
Finding: Changes or alterations have been required in, or incorporated into the proposed
Project which will lessen the potentially significant environmental effect identified in the Final
E1R.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-164 through 3-165; Volume I, p. 4-
22]
The Sweetwater Authority analysis indicated specific areas where upgrading of water
mains must be completed. These include:
a. A 12 inch main in "F" Street from Broadway to approximately 830 feet west
Page 61 /8> 7)
~,...~-~..,^ ---.----..-----..-....-.-------...-'-------.
must be installed.
b. A 12 inch main in Bay Boulevard from Moss Street to about Sierra Way
extension westerly must be installed. (This will connect the Project with supplies
of water from the southern portion of Chula Vista, thus providing the Project site
with two sources of water instead of one.)
c. The existing 8 inch main along "F" Street from Bay Boulevard running west must
be upgraded to a 12 inch main.
d. All on-site mains must be sized 12 inches.
* * *
Potentially Significant Effect: The Project would incrementally contribute to a regionally
significant demand on water resources. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23]
Finding: Changes or alterations have been required in, or incorporated into the proposed
Project which will lessen the potentially significant environmental effect as identified in the Final
EIR below a level of significance.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these fmdings.
a. The applicant must provide water conservation measures at the Project level
design, including elements such as low flow showerheads, low flush toilets, timed
irrigation, drought-tolerant landscaping, drip irrigation (where appropriate) and
reclaimed water lines for future use (if determined by the city's Department of
Public Works to be appropriate for this area). [FEIR, Volume II, p. 3-165;
Volume I, p. 4-23]
* * *
Potentially Significant Effect: Until the applicant demonstrates that there is an adequate
supply of well water for both lagoons and an engineering design for the circulation system is
provided a potentially significant effect on water supply is assumed.
Finding: The FEIR concluded that even with the measures set forth in the EIR and
restated below, additional study is necessary when development plans are available at the Project
level to determine impact significance. Impacts are therefor considered significant and not
mitigated at this level of analysis. As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant impact is acceptable because of
overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project proposal at the Project level of CEQA
Page 62 / % ~7Lj
.-_....,_..., --,~---,_._... ---"-,_._~
compliance. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23]
a. Further testing and verification of well supply must be completed for both lagoons
and included in an EIR at the Project level.
b. Information must be provided to show the proposed well locations and
engineering design of the circulation system.
c. If quantity and/or quality are not adequate, a different source of water to be
approved by the City must be used. A possible, feasible source is the adjacent
San Diego Bay. The impacts of such a water source would be reviewed during
Project level environmental review.
* * *
Significant Effect: The proposed Project has the potential to produce 420 elementary
school students and 406 junior high and high school students which would decrease the ability
of both districts to adequately serve the needs of the students. Additionally, the City's Threshold
Standards would not be met. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23 through 4-24]
Finding: Changes or alterations can be required in, or incorporated into, the Project
which could reduce to a less than significant level the school overcrowding impacts. These
measures shall be incorporated into the proposed Project at the Project level of CEQA
compliance. Additional information is, however, necessary to determine Project level impact
significance and mitigation feasibility. As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social, or other considerations.
Mitigation Measure: The following mitigation measures may be feasible and shall be
required either as conditions of approval or been made binding on the applicant during the
Project level of CEQA compliance.
a. The applicant must form a new Mello Roos district to finance capital costs such
as permanent or relocatable classrooms and school buses. [FEIR, Volume II, p.
3-165 through 3-166; Volume I, p. 4-23 through 4-25]
b. The location of new school sites or additional property adjacent to existing
schools for the construction of capital improvements will be resolved during
Project level CEQA compliance. [FEIR, Volume II, p. 3-165 through 3-166;
Volume I, p. 4-23 through 4-24]
* * *
Potentially Significant Effect: The location of 1-5 between the Project area and the
schools would prohibit the feasibility of students walking to existing schools, potentially resulting
in significant transportation cost. [FEIR, Volume II, p. 3-162 through 3-167; Volume I, p. 4-23
through 4-24]
Page 63 );05 ~7~
_.~.._-_..~.. -----------.--.----.-,-----.--..-----..
Finding: Changes or alterations can be required in, or incorporated into, the Project
which will lessen the potentially significant environmental effect below a level of significance.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required either as a condition of approval or has been made binding on the applicant
through these findings.
a. Annual costs for student transportation including bus maintenance and drivers'
salaries must be funded by the applicant in a manner acceptable to the City.
[FEIR, Volume II, p. 3-166; Volume I, p. 4-24]
* * *
N. TRAFFIC
Significant Effect: Development under Subcommittee Alternative would result in
significant impacts to intersection capacities in the Project vicinity. During the p. m. peak hour,
with the Project generated traffic added to the network, the Broadway/"E" Street intersection
would operate at LOS F (lCU 1.04) which is an unacceptable level of service. [FEIR, Volume
I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce to a less than significant level the impacts at the Broadway/"E" Street
intersection. These measures shall be incorporated into the Project level design. Additional
mitigation measures shall be examined at the Project level of review and shall be adopted if
found to be feasible. The identified impacts to intersection capacities, therefore, remain
significant. As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because or overriding economic,
social, or other considerations.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level CEQA compliance.
a. The following improvements are required at the Broadway/"E" Street intersection.
Westbound: Construction of an additional left-turn and an exclusive right-turn
only lane.
Eastbound: Construction of an additional left-turn lane and an exclusive right-
turn only lane.
* * *
Significant Effect: Development under Alternative 8 (with modifications) would
contribute to significant impacts to intersection capacities in the Project vicinity. During the
p.m. peak hour, with the Subcommittee Alternative generated traffic added to the network, the
Page 64 /y~ ??
~._,._..__.. .. --. --. ._,~ . '.' - ..__.-.'. - - -- -- -- ----- --~-------_.~--~_._~~----------~
Broadway/"F" Street intersection would operate at LOS D (lCU 0.84) which is an unacceptable
level of service. [FEIR, Volume I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce a less than significant level the impacts at the Broadway/"F" Street
intersection. These measures shall be allocated on a fair share basis and be incorporated into
the Project level design. The identified impacts to intersection capacities, therefore, remains
significant. Additional information is, however, necessary to determine Project level impact
significance, fair share allocation, and mitigation feasibility. As described in the Statement of
Overriding Considerations, however, the City Council has determined that the significant impact
is acceptable because of overriding economic, social, or other considerations.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the Broadway/"F" Street intersection.
Westbound: Restriping to provide an exclusive right-turn only lane.
Eastbound: Restriping to provide an exclusive right-turn only lane.
* * *
Significant Effect: Development under the Subcommittee Alternative would contribute
to significant impacts to intersection capacities in the Project vicinity. During the p. m. peak
hour, with the Subcommittee Alternative generated traffic added to the network, the
Broadway/"R" Street intersection would operate at LOS E (lCU 0.95) which is an unacceptable
level of service. [FEIR, Volume I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce a less than significant level the impacts at the Broadway/"R" Street
intersection. These measures shall be allocated on a fair share basis and be incorporated into
the Project level design. Impacts to intersection capacities in the Project vicinity, therefore,
remain significant. As described in the Statement of Overriding Considerations, however, the
City Council has determined that the significant impact is acceptable because of overriding
economic, social, or other considerations.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the Broadway/"R" Street
intersection.
Westbound: Construction to provide an additional through lane.
Page 65 ¡F>//
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Eastbound: Construction to provide an additional through lane and an exclusive
right-turn only lane.
* * *
Significant Effect: Development under Subcommittee Alternative will contribute to
significant impacts to intersection capacities in the Project vicinity. During the p.m. peak: hour,
with the Subcommittee Alternative generated traffic added to the network, the 1-5 Northbound
Ramp/"E" Street freeway ramp intersection would operate at unacceptable levels of service.
[FEIR, Volume I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
whicl\ will reduce to a less than significant level the impacts at the 1-5 Northbound Ramp/"E"
Street freeway ramp intersection. These measures shall be allocated on a fair share basis and
be incorporated into the Project level design. Impacts to intersection capacities in the vicinity,
therefore, remain significant. As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant impact is acceptable because of
overriding economic, social or other considerations. Furthermore, some of the changes (e.g.,
those to eastbound "E" Street) are within the responsibility and jurisdiction of another agency
(CalTrans) and not the City Council. Such changes must be approved by CalTrans.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the 1-5 Northbound and Southbound
Ramp/"E" Street intersections.
Northbound 1-5 Off-Ramp at "E" Street: Construction of an additional right-turn
only lane along "En Street east of the ramp.
* * *
Widen the 1-5 northbound off-ramp at "E" Street to provide an exclusive left-turn lane,
shared left- and right-turn lane, and an exclusive right-turn lane.
Widen northbound Bay Boulevard to provide an exclusive left-turn lane and two right-
turn lanes.
Widen eastbound Marina Parkway to provide three through lanes and a right-turn only
lane.
Restripe the "E" Street overpass to provide two through lanes per direction, and two left-
turn lanes from eastbound "E" Street to the 1-5 northbound on-ramp.
Additional mitigation measures not considered in the EIR but required as a condition of
Project approval by the Chula Vista Planning Commission.
Page 66 /Or7%
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VIII.
INFEASffilL1TY OF MITIGATION MEASURF.~ AND
ALTERNATIVES OTHER THAN THE SUBCOMMrn]!;E
ALTERNATIVE PUBLIC RR~OURCES CODE
SECTION 2108llB)
The approval of the Subcommittee Alternative will cause significant unavoidable impacts as
discussed above. The impacts which cannot be substantially lessened or avoided with the
adoption of all feasible mitigation measures are listed on pages 8 to 12 of this document.
The decisionmakers have, in certain instances, rejected the proposed mitigation measure of
redesigning the Project as currently proposed. This mitigation measure has been specifically
rejected by the City as infeasible because the densities proposed for the Project are necessary
in order to make the Project fmancially feasible, given the amount of public infrastructure that
is necessary for development of the midbayfront. (See Financial Feasibility Analyses for the
Chula Vista Bayfront Project, Subcommittee and Staff Alternatives, prepared by Williams-
Kuebelbeckand Associates, Inc., December 11,1991, and transcript of testimony of Fred Pierce
of Price Waterhouse before the Chula Vista Planning Commission December 18, 1991.). In
addition, the City Council has specifically found that construction of the Project as proposed will
generate significant construction jobs and significant permanent jobs. Finally, the City rejects
the mitigation measure of redesign because the Project as proposed (Subcommittee Alternative)
will substantially increase the City's property tax base, the City's occupancy tax revenues and
the City's sales tax revenues.
In addition, the City Council has also considered whether any of the Project alternatives
discussed in the EIR could feasibly substantially lessen or avoid the identified significant effects.
(see, Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433 [243
Cal.Rptr. 727]; see also, Public Resources Code section 21002.) As will be explained below
the decisionmakers conclude that none of the proposed alternatives could both meet the
objectives of the Project applicant and lessen or avoid the identified significant environmental
effects.
However, pursuant to Public Resources Code Section 21081(c), the decisionmaker(s), fmds that
the following independent economic, social and other considerations made infeasible project
alternatives and mitigation measures not incorporated into the Project identified in the EIR. The
decisionmaker(s) further finds that each independent consideration, standing alone, would be
sufficient to make infeasible the Project alternatives and mitigation measures not incorporated
into the project which were identified in the EIR.
Economic considerations that make the alternatives infeasible include a reduction in the level of
employment opportunities which would accompany the proposed Project.
The Redevelopment Agency's goal of generating revenue from the Transient Occupancy Tax
would be impeded by the approval of the infeasible alternatives which reduce the number of
hotel rooms within the Midbayfront area. The infeasible alternatives would also reduce the
Page 67 15~?7
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levels of property tax increment income and sales tax revenue. which are necessary to fund the
public infrastructure which would accomoany the prQpOsed prQject.
There are Social considerations that make alternatives 1, 2, 3, 4, 5, 6, 7 and 9 infeasible,
including their inability to create a viable "community" in the Midbayfront area. The
Subcommittee Alternative presents the City with the opportunity to create a balanced pedestrian-
oriented neighborhood that is a 24-hour, safe, vital self-sustaining mixed-use neighborhood. (See
for example testimony by Carl Worthington, Jerde Partnership before the Planning Commission
on December 18, 1991.) For the neighborhood to be well balanced between jobs, housing and
services, both visitor lodging and permanent residential uses must be a major element of the mix
to provide an adequate market for the services needed. Permanent residential and visitor lodging
facilities would keep the district active and vital in the evening hours, and would also augment
all the clay time activities which would help reduce overall per capita auto trips in and out of the
neighborhood. Finally, permanent 24-hour neighborhood population helps discourage crime.
The Midbayfront population of 5000 to 7000 people would occupy an area of less than 135 acres
surrounded by a 350+ acre park and open space area. This contrasts with a typical distribution,
such as would be found within Chula Vista east of 1-5, of 5000 to 10,000 people occupying a
full square mile (640 acres).
Other considerations that make infeasible the project alternatives includes the similarity of
impacts that would result from implementation of any of the alternatives. The Wildlife
Resources (Incremental Loss of Raptor Foraging Area) impact would occur regardless of the
alternative adopted and would not be mitigated by any of the alternatives.
EIR Alternative 8, as well as Alternatives 3, 4 and 5 would result in the same level of visual
urban dominance, obstruction of bay views, land use, and shade/shadow impacts. The
Subcommittee Alternative lessens the visual impacts although not to a level below significance.
(See testimony of John Moot, Vice Chair, Bayfront Planning Subcommittee, before the Planning
Commission on December 18, 1991.) Only Alternatives 2, 7, 7a or 9 would mitigate these
impacts. However, Alternative 2 would result in significant, unmitigable traffic impacts and
Alternatives 7, 7a and 9 are infeasible due to economic, social, and other considerations as
previously stated.
Alternative 1. No Project - No Develo.pment
This alternative would retain the site in its current degraded condition and would not result in
attaining the goals and objectives of the Chula Vista Redevelopment Plan, Local Costal Program.
the Zoning Code, or the General Plan. The No Project alternative would not revitalize or
rehabilitate this portion of the community and would also present untenable economic impacts
as a result of the loss of currently expended funds.
This alternative would allow the existing uses of the site to continue, which include people and
pets walking through the area and intruding into the sensitive buffers of the National Wildlife
Refuge and illegal dumping. Thus, the sensitive wetland habitats and species would continue
to be impacted by human disturbance. There would be no managed opportunity for the public
to access the bayfront in this location. Based upon these and other factors, this alternative is
Page 68 /%~ g- (/
.---.'. ".···.··m_.."·'·_···_._ _____,___,..__.",_,,_ _..'. ...____'''_,_,________._~"____._
determined to be infeasible.
Alternative 2. Develo.pment Under Existin~ Certified LCP
This alternative would result in significant, unmitigated traffic impacts that could be avoided by
the proposed Project and all of the other alternatives. The alternative would also result in a
significant and unmitigable impact to raptor habitat.
As noted above, this alternative would not create a "viable" community that would attract
sufficient retail establishments needed to sustain the development. In addition, the residential
element is not of an adequate size.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 3. Reduce Density I
This alternative would result in the same level of biological, visual urban dominance, obstruction
of bay views, land use and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract
sufficient retail establishments needed to sustain the development. In addition, the residential
element is inadequate in providin2 economic return to offset costs of Dublic infrastructure
develQpment7.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 4. Reduced Density IA
This alternative would result in the same level of visual urban dominance, obstruction of bay
views, land use and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development. Likewise. the residential element is
inadequate in Droviding economic return to offset Dublic infrastructure costs. Based upon these
and other factors. this alternative is deemed to be infeasible.
Alternative 5. Reduced Density 2
Page 69 /¿;~g- /
___n_ _ _ ____ _.___..__.~_u.,.__~,..,._.__..__·_______·_"_···____
This alternative would result in the same level of visual urban dominance, obstruction of bay
views, land use, and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development. and. the residential element is inadequate in
providinl! economic return to offset public infrastructure costs.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 6. Locational Alternatives
None of the alternative locations described in the EIR would accomplish the Project's major goal
of developing the Midbayfront area. This alternative would retain the site in its current
degraded condition and would not result in attaining the goals and objectives of the Chula Vista
Redevelopment Plan, the Zoning Code, or the General Plan.
This alternative would allow the existing uses of the site to continue, which include people and
pets walking through the area and intruding into the sensitive buffers of the National Wildlife
Refuge and illegal dumping. Thus, the sensitive wetland habitats and species would continue
to be impacted by human disturbance. There would be no managed opportunity for the public
to access the bayfront in this location.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Finally, Chula Vista Investors owns the Project site and has no other land holdings of a
sufficient size to contain the proposed Project or any of the alternatives. Based upon these and
other factors, the locational alternatives are determined to be infeasible.
Alternative 7. Reduced Density 3. Modified Desi¡:n
This alternative would not create a "viable" community that would attract retail establishments
needed to sustain the development. In addition, this alternative does not contain a sufficient
number of residential units to offset Dublic infrastructure costs.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Page 70 J ¿)---%~
- ---....- -..- _.,----_.._...--,------,- ---~
Alternative 8. ApJ>licant's Reduced Density Pro.posed LCPR #8
This alternative proposed a reduction in the orieinal Project including a decrease in the hotel
count by 228 rooms, reduction in the apartment unit count by 150 units, reduction in the height
of the residential towers, reduction in the luxury hotel in height, reduction in the resort hotel in
height, and reduction in the atrium hotel in height. In addition the residential use that was
proposed at the comer of Marina Parkway and "F" Street has been eliminated, thereby
increasing the public park acreage from 29.8 to 33.8 acres. Em-Alternative 8 'II'ðUlè resulte!f
in a development whereby the square footage has been reduced from approximately 4.2 million
square feet down to approximately 3.9 million square feet. This reduction also reducesd the
traffic impacts associated with the orie:inal Project.
This alternative would result in a somewhat reduced level of visual urban dominance, obstruction
of bay views, land use and shade/shadow impacts as the orie:inally proposed Project. However,
these impacts 'II'ðUlè remain significant. Thia Prejeet Alternative 8 does not contain a Cultural
Arts Facility.
This alternative has been identified as an economically feasible alternative by the
decisionmaker(s). However, the alternative is rejected because it results in the same impacts as
the Subcommittee Alternative without the added social benefit of the Cultural Arts Facility.
Alternative 9. Alternative Develo¡>ed in Re!¡pOnse to Public Comment
This alternative would create a long, narrow lagoon corridor along the northern and western
edges of the Midbayfront Project site adjacent to the National Wildlife Preserve. The technical
feasibility of this lagoon corridor is questionable for the following reasons:
1. A 1400-foot long breakwater to protect against erosion by wave action would be required
to create a saltmarsh habitat along the exposed shoreline;
2. The breakwater would disrupt several acres of mudflat bayward of the lagoon corridor;
3. Installation of a breakwater would almost certainly result in increased wave erosion of
both ends of the breakwater;
4. The geometric relationship of the corridor and two adjoining marshes and the long,
narrow channel-like shape of the corridor would result in tidal water velocities that would
cause progressive erosion andlor sediment buildup at various locations; and
5. The establishment and maintenance of a viable low marsh vegetation is doubtful because
of erosion andlor sediment buildup.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development. Additionally. the residential develO,pment is
inadequate in providine economic return needed to offset public infrastructure costs.
Page 71 )g>5;)
._---_..,.._---_.__._---~---_.-.__..._-_._----~--~-----.....
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 10. Bayfront Subcommittee Alternative
This alternative is a result of the referral by the City Council to the Bayfront Planning
Subcommittee. The Project was referred to the Subcommittee by the City Council to study land
use aspects of the Midbayfront Plan and to determine whether or not a suitable compromise
could be reached between the differing positions of the developer, the Planning Department, and
the community groups. The Subcommittee Alternative proposes a further reduction from
Alternative 8 to encompass a total of 1610 hotel rooms and a total of 1000 dwelling units. In
addition, plan designation and/or zoning of the City-owned parcel adjacent to 1-5 would be
modified to allow flexibility as to its ultimate use. This alternative has also redesigned the
northern residential portion of the Project by relocating the towers just to the east of the
residential lagoon and in their place, substituting low-rise residential adjacent to the buffer areas.
In addition, there have been further reductions in the height of structures located within the core
so that the maximum height permitted would be 22 stories or 229 feet. The site of the proposed
luxury hotel, which was to be located on the west side of Marina Parkway, has now been
designated for pa:rk 1I3e Rftå the possible location of a Cultural Arts Facility and support retail.
In addition, the public park, semi-public park, and open space acreage has been increased to a
total of 71.4 acres. With this modification, the total square footage of the project has been
reduced from approximately 3.9 million square feet down to approximately 3A!J million square
feet (Rohr is now considered a separate proiect). This reduction will also reduce the traffic
impacts associated with the project, although not to a level of insignificance.
This alternative would result in a somewhat reduced level of visual urban dominance, obstruction
of bay views, land use, shade/shadow impacts as compared to the proposed Project. although
not to a level of insi¡nificance.
This alternative has been identified as a feasible alternative by the decisionmaker(s) to address
issues which have been identified in the Environmental Impact Report. Sillee (Ibis alternative
is economically feasible and the applicant has agreed to prepare a revised LCP Resubmittal
document to reflect the reduced density plan proposed by the Bayfront Planning Subcommittee~,
tIhe decisionmaker( s) finds that this alternative 91!åstalltiaUy lessens the significant
environmental effects as identified in the final EIR althoUl!h not to a level of insiinificance. The
decisionmaker(s) have also elected to adopt a Statement of Overriding Considerations pursuant
to California Administrative Code Section 15093.
IX.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines section 15093, the Chula Vista City Council in approving the
Page 72 /?fYy
---...---.......-.......,.------..-...-.---.-..--- _._--~._---_._-_._-
various permits that are the subject of the FEIR, having considered the information contained
in the FEIR, and having reviewed and considered the public testimony and record, makes the
following Statement of Overriding Considerations in support of the Findings and the action of
the City Council approving the Project.
The City Council finds and concludes that the public benefits of the Project outweigh the
identified significant unmitigated impacts set forth in the Findings (pages I to 73). The
decisionmakers find that the following factors support the approval of the Project, Subcommittee
Alternative, despite the FEIR identified significant environmental impacts and other alleged
potential environmental impacts. Therefore, the City Council sets forth and adopts the following
Statement of Overriding Considerations:
1. The Project will help fulfill attainment of various goals in the City of Chula Vista
Redevelopment Plan with a use and density that is appropriate for the site. In
particular. land uses expressed in the City's Bayfront Redevelopment Project Plan
include: Dublic use and enjoyment of shoreline areas. public recreation.
commercial activities such as hotels. motels and restaurants. retail develoDment.
limited residential and office developments (when complimentary to the primary
recreation orientation or where they contribute to the overall feasibility of the
plan). preservation of marshes. mudflats and shallow water areas.
2. As set forth in the findings, mitigation measures have been incorporated into the
Project or made binding on the applicant through the adoption of the findings,
which to the extent feasible, reduce impacts below a level of significance.
3. Approval of the Midbayfront Plan Subcommittee Alternative will result in the
following benefits:
A. Careful management of the sensitive, natural resources on and adiacent to
tM,site. Additionally, the Project will allow for controlled public access
to natural areas and parks.
B. Construction of needed circulation improvements.
C. Construction of necessary service and utility improvements in the
Midbayfront area.
D. Identification of Chula Vista as an important seaside hub on the southern
coastline of California. The destination resort will be equally accessible
to downtown San Diego and to the City of Tijuana.
E. Direct access for the public to 36.8 acres of public open space including
but not limited to a 10 acre lagoon, an Educational/Interpretive Park
adjacent to the wetlands, and a public beach along the lagoon. In addition
to the areas of public access, over 300 acres of marsh habitat and wetlands
will be preserved, portions of which will be restored and enhanced.
Page 73 /;g--~gç
. .. ',,--_. .,'---------"."--,_..~._--_._,_...._---_.~_._---_.._....-.
F. Development of a Cultural Arts Facility that would provide space for
municipal festivals and events. In addition, an outdoor amphitheater on
the lagoon for outdoor events and concerts is contemplated.
G. Development of a housing product currently not available in the City of
Chula Vista. For example, the Project will include high-rise and mid-rise
towers with ocean views and residential units over commercial uses in the
core of the Project.
H. Construction job opportunities as well as permanent jobs in an economy
which is currently lacking job opportunities.
I. Generation of transient occupancy tax, increased sales taxes and tax
increment to the City of Chula Vista through the City of Chula Vista
Redevelopment Agency.
L. After ap.1>roximately 20 years of community indecision. anxiety and
concern as to the direction for the processine: of develQpment on the
MidbllYfront area. there is a sie:nificant social benefit to reachin~ a
community consensus on. and commencin~ the pr~aration of. a Dlan for
its develoDment in a manner that will require continuous vigilance over its
feasibility and its environmental and economic imDacts on the community.
and which will œrmit complete and absolute reversibility at such point in
time as the decisionmakers believe that such impacts are intolerable.
Based on information e:enerated by the City's consultants. Williams Kubelbeck Associates
(WKA) and information presented to the Council by the ap.1>licant's economic consultants. Price
Waterhouse. the Council determines that the project as proposed by the annlicant is financially
feasible. EsseRâaHy, Ute IIPfJlietlllt has shawR tflllt IIsSIIffiJ'!iaRs that were ifteeftl6fftteå Íftte Ute
City's eeeøeæie medel, the '.ViUiams Kaehelheek 8æåy, ·¡¡efe iøaeeaæte, iB partiealar tRøse
relateà te etlRsft'tieâeR ea:Hs, patefttilll re-¡elllieS, peteftâlll SIIles priees IIIitI fiRl1i1eiRg. (Temm6fty
af Ffeà Pieree, Deeember 18, 1991, befare Ute Chö1e. Visls. PlMftiag CammissieR.) The
addition to the proiect by the Council of a Cultural Arts Facility. and a 62.000 square foot and
5.000 seat ca.1>acity ice rink clearly imDact the determination that the project is financially
feasible. However. the project has been conditioned by the Council as to its entitlement to
proceed in a manner that. prior to moceedine:. moof of economic feasibility must be
demonstrated by the presentation and ap.1>roval of a sound financing plan that will. in addition
to sie:nificant participation by the Develo,per in develQpin~ these amenities. reauire financial
participation from various other sources. includin~ but not limited to other ~overnmental
a~encies such as the San Die~o Unified Port Authority.
As this is a programmed EIR at a very early stage of plan develo.1>ment. further project
develonment during the General Plan Amendment and LCP Resubmittal. and by the terms of a
Development Agreement. will permit the Council to determine with more precision and without
loss of their right to terminate entitlement rights (1) if the significant and unmitigable
environmental impacts can be further mitigated. (2) if the liklihood of comDlete nroiect
construction can be enhanced by additional security. a~ency participation. phasing. etc.. and ~)
Page 74 18>%?
__..____n....____" . __._..__.______._._.___~~.,_______
if. as the plan is further developed and solidified, the social. economic and other benefits of the
oroiect to the communi~ are enhanced.
Consequently, the Council believes that the concept plan set forth in the Subcommittee
Alternative is the superior alternative despite the significant environmental impacts that will
result from implementation of the Project.
Page 75 / ¡ç---ff'í
.,__, .__ .". '_M"_'~_..'__.___'~_~___~_
/g>g-g/
IiIIIQI ~ if If
GLENN E, GOERKE
Director
Franchise Services
January 21, 1992
Glenn Goerke 877 Country Club Drive Chu1a vista
Dear Mayor Nader and City Council Members:
I had the pleasure of serving on the Bayfront Subcommittee. As you
are aware, the members of the committee dedicated numerous hours to
put forth the land use proposal before you. I strongly support
this plan that was unanimously approved by the subcommittee.
However, I do have concerns regarding three items which have been
proposed as modifications to the subcommittee's proposal.
I believe the following modifications will have a significant
negative impact on the economic feasibility of the project.
1) Developer shall provide for significant developer
contribution for the design and construction of a
Cultural Arts facility.
2) Dedication of space fori and funding of a 5,000 seat ice
rink or construction of a park.
3) To reduce the number of high rises from 5 to 4.
I ask that you carefully analyze all modifications to the
subcommittee's original proposal. Thank you.
Forte Hotels, Inc.. 1973 Friendship Drive, EI Cajon, California 92020 (619) 448,1884 Fax (619) 562-6646
Jg'-{51
JAN-21-92 TUE 14:53 PETERSON & PRICE FAX NO. 6192344786 P.01
1 PETERSON 8 PRICE
.....VL A. ~n£ASON ^ PROH.3.SIOw..1.. COflPOAATION T£I..!. PHOt-:E
G.u:çotilt'l' c. M. G^fU~"'TT l^WYERS ^R.E^ Coo!. 619
C:OWAQQ t'; WHITTLE"-
LVÑtU: L. iHE:iDCL 530 a STlt.E£'1: 5UrrE 2300 234 '0361
ftc.cec... MICHAEL SAN DIECO. CAUFOP.NIA 92101,4454 '-
.
"""'''.HAL .. 6G~"~ '''''
HA.TTt-IEW A. P¡[TCASON (€'t<¡ ) 234·.Q&6
.....AIn' N. MURNANE FAX TRANSMITTAL
FILE No.
Date: January 21, 1992
DELIVER TO:
Name: Bruce M. Boogaard, Esq.
,
.
Firm: City Attorney, City of Chu1a Vista
-
Telephone Number: 691-5037
FAX Number: 691-5214 .
Total number of pages in transmission including cover letter:10
~: Paul A. Peterson PETERSON & PRICE, APC
.
Telephone Number: (619) 234-0361 FAX Number: (619) 234-4786
__~ Original will not follow. Original will follow by:
_____ Regular Mail
Federal Express
~lessenger
Comments: Bruce: WoUld. you please prepare enouqh copies of the
attached to give to the City Council? I will bring clean copies
-
tonight. Thank you for your courtesy..
Paul
-
- - .
,
.
-
Senders Initials, al Client Number: 3848.001
-
NOTICE OF CONPIDENTIALI!1: The pages comprising this facsimile transmission contain
confidential and privileged information from Peterson & Price, APC. This information
is intended solely for usé by the individual or entity named above as the recipient.
If you ð~e not the intend~d recipient, be aw~re that any disclosu~e, copying, distri-
bu~10n, or other use of ~he conten~s of this transmission is prohibitQd. If you have
~~ceiv~ð this trðn$~is!io~ in er~or, please notify the sender by t~lQ?hone im,r.1~diately
so ~e may arrango tC rctriGv~ tM~ trans~i$~ion at no cost to you.
IF YOU DID NOT RECEIVE ALL THE PA;~~5127E CALL THE SENDER AT ONCE.
-_._~. .---... ..._-~---
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,
PETERSON i PRICE
PI\IJL. A. 'l"'ET£RsON A ÞROfESSIONAL CORPORATION TE1J:J:'HONE
GR£GORY C. 101. GA.RRA.'tT lAWYER:; AR'" COb' 619
ECWARD ~ WHITTL.£..
L.YNNE. L. fo4EICE.L 530 is STREET, 5t:'ITE 2300 234-0361
lIt£.aIECCA "'ICHA~L SAN DIECO. ~LlFORNL~ 92101'4454 -
MA"e.HAL A. SCARR . FAX
MÀTTHEW .. PET~RSON (6'~) Z34,47S6
LA....y N. MU"NAN£
FILE No.
January 21, 1992 3848.001
Mayor Tim Nader and Members of
the Chula Vista City Council ,
276 Fourth Avenue ,
Public Services Building
Chula Vista, California 92010
Re: January 21, 1992
Consi~eration of Revised Resolutions
Concerning Chula Vista Bayfront
Dear Mayor Nader and Members of
the Chula Vista City Council:
Attached to this letter is a strike-out/underlined version
of the proposed Resolution prepared by the City Attorney on
Friday, January 17, 1992. Our proposed modifications, as
contained within this strike-out/underlined version, are
extremely important to our client in insuring a successful
development. Our client's proposed changes are highlighted in
black (or with dashes to indicate our proposed strike-outs), with
a comment following, which briefly explains the reasons for the
change. We will further discuss these proposed modifications at
the hearing_
Thank you for your courtesy.
Very truly yours,
PETERSON & PRICE
~.~~onal :orporation
: -==-.-;7 ~~2~
Paul A. Peterson
~.~~
M ttnew . eterson
PAP/al
Enclosure
cc: Chula Vista ¡nvestors
Bruce M. Boogaard, Esq.
Chris Salomone
City of Chula Vista Clerk
J2'~ I
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JAN-21-92 TUE 14:54 PETERSON & PR1GI:. t'ftl\ NU. öl~¿jqqlöö P.03
WHEREAS clauses not included. Peterson & Price Draft
January 21, 1992
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1. Project Approval feenceþt-Pianj.
The City Council approves the Mietbayfront LCP Conceptual
Development Plan (Subconunittee Alternative) as herein moetifieet
( "Concept Plan") anet by dOinq so. directs ti}e staff to process, and
return to Council for a roval of. an LCP Resubmittal for the
territo of the Midba front . .'.- . and
a General Plan Amendment that provietes a plan for the development
of the Midbayfront consistent with the Midbayfront LCP Conceptual
Development Plan with the Midbayfront LCP Conceptual Development
Plan (Subcommittee Alternative), with the following change~
conditions, information anet adetitional processinq direction:
A. Informational Conditions.
At the time the General Plan Amendment and the LCP Resubmittal
are returned to the Council for review and approval,
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JAN-21-92 TUE 14:55 PETERSON & PRICE FAX NO. 6192344786 P,04
_ A" .... .-'~. ......... ........" TD n344786 P.06
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tbev øha11 bê acoom.Ðanied bv ~e followina ~V"'ðêg .of informa.tion: I
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(1) Eoonomic Pe&aibili~y !
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An Economic Feasibilitv Analysis ("ErA") shall be I
nrêDared. submitted ~o ~I Council. 2nd aÐ~oved ~rior to. or I
~~;;~;';~tiv with. the annrova1 of the LCP Resubmitta1 and I
~:~!~;~Am4~i~~;s ~~e~~~~~f~~i~~n: ~~a:e:V~í1:bf~at
a CI lead time f2r a thorouah staff review.' The cri-
I t~i8. ior 8.Daroval of this renort. shaH be that it demonstrates
~i::r~i that the aro1ect/nhasina DroDosad is eeonomica11~
I è 1 e. The renort shall inoluðe a sU~~able sta~i.tieal
~Jsis for ~arke~ina (re~enue/,bsorc~ion) and eosts &ssociatêd
yitþ thA feasibility BnRlvai.. .
(21 Minimal Residential Density to Permi~ Economie
PAøllJ:ibilitv. .- '. ... . .............
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An AC!OnomiC! ftuud..bili~y Bnalvøl. 'thai:. demonstratAA the
minimum n"'"hø1'" of residentia1 units that can be built and eti11
~e~i~ the Ðro~eet to rêmain economically feasible.
(3\ Shipþuildina Jobs.
One or mora ð~ional n1ans for t:hR Counci1's 8b'Orova];
and ~1IInlementa.tlçn that wi11 Dermit the preservation of 10bs
ot:herwise Ðrovlded bv the shi-ovard at thè toot of F street 1:hat
may be dislocated bv the Pro~ect:. One such ~1an maY include the
re1oca'\;;ion of' the shiuvard taci11tv. .
(4\ Coordin&~ion with Coastal ~ömmission Proces8!na.
.
Staft is direct:ed to review with the C:oastal commission
Wh8~ othmr ð~~=un~~ies have done with r~ard ~o m8SS transi~
: ~ograms and how such Drocrrams affects traffic and to work with
I
e Coastal Commission staff as to the accentabi1itv of the
~roDOSèd buildina hei~h~s and other Ðro;e~ feð~ure..
'1 .' Pr01è~ Re1Bted conditions.
.I L
At thè time the General Plan Amendment and the LCP
I Resu~itt;1 are returned to the city Council for their review and
&nDrova1. they are to be returned in a manner tba~ ~rðnO.RS.
i am~~~ ';uõh other conditions that the staff deems aÐaroÐriate. the
I fOllowina eonditions:
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,:\ (11 CU1tural Arts PaoUitv.
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!: Unon det:ermina1:.ion bv the city ccune.\1 that It t'.1ul~ural
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.' 1IIbfd11.wp Resolution re 1'l1.dbayfront Conceptual Plan
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,,' Janaury 16, 1991 PageS
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JAN-21-92 TUE 14:56 PETERSON & PRICE FAX NO. 6192344786 P.05
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arts facility of the type described herein ( "Facility") is most
~opriately placed within the territory of the conce~tttai Plani
the Developer shall dedicate the land sufficient fOr the Facilit
includin arkin for the fac1lit within the territor, of the
Conceptttal . Plan, and develop and present to the Counc I for
approval, a feasible (in the iudqrnent of the City Council)
financing plan that will permit the design and construction of a
multi functional cultural arts center with a minimum qoal of 2,000
seat capacity of such a desiqn that meets with the satisfaction of
the City Council, and which, as part of said financinq plan, will
provide for siqnificant Developer contribution to such a ro'ect,
and which roa further rovide for Port actici ation.
:
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~) Ice Rink/Park.
The Developer shall dedicate the space and parking for
same, within the territory of the Conceptttai Plan, and either cause
the design and construction of, or fund the desiqn and construction
of, a 62,000 square foot, 5,000 seat capacity ice rink of such a
design that meets with the satisfaction of the City Council, or, in
the alternative a ark des! ned and constructed to the
satisfaction of the Ci t Council..
(3) Limited Number of Hiqh Rises.
The General Plan Amendment and LCP Resubmittal shall be
rocessed to "hi h rl.se"
structures.
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subcommittee recommended this.
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(4) Parkinq. . ¡
A minimum of 75 percent of the required parkinq for the
Resort and Residential uses shall be provided in subterranean or
concealed parkinq structures;
(5) Bike/Hikinq Trails.
An inteqrated trail system to ma~lmize trail and visual
access to the bay front shall be provided and shall provide linkaqe
19 the Chula Vista Greenbelt (as described in the General Plan);
(6) Water Access.
A location for future direct access to the Bay shall be
identified on the final plan in the event that future Federal,
state, and Port District approvals would permit such access;
(7) Traffic.
The proiect shall not cause traffic in the Proiect
vicinity to be reduced to below accepted city Thresholds as
articulated in the Growth Manaqement proqram.1 A traffic
monitorinq proqram shall be established as an implementation and
phasinq requirement;
(8) Conversion of Hotels.
Hotels may not be converted for residential use, and
authorized. but unbuilt hotel units are not contemplated for
residential use;
t9t-Fam±~y-and-~~x~ry-Ho~s±nQ.
A-1ni-ni-mum- -of- - 25- ~t1: -of-UI.e--<iwe-1-l-htq- -unH:s - oi-n-~ -nor~hern
res ±deftt.± I! l-nef(thborhoed - s hI! 1 i-be - three- f o!!droom-~ni ts 7 - s ~c:h - tha t 7
in-the-event-~flct-~{Hr~ri~~it~~~~ventttaÞlT-ÞerM±~~ed-in
sa±d-area7-i75-sha±±-be-three-bedroom-~n±ts
(10) Affordable Housinq.
The pro.iect shall address the City's policy and practice
of providinq a 10 percent Affordable Housinq qoal (per City's
Housinq Element);
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JAN-21-92 TUE 14:57 PETERSON & PRICE FAX NO. 6192344786 P.07
(11) Air Quality.
An Air Quality Improvement Plan (as defined in the Growth
Manaqement Ordinance) shall be required for approval concurrently
with the pr.oiect submittal (SPA Plan);
(12) Water Conservation.
A Water Conservation Plan (as defined in the Growth
Manaqement Ordinance) shall be required for approval concurrently
with the project submittal (SPA Plan);
:
(13) Schools. ,
An aqreement will be reached between the Districts ,
applicant, and City to assure that facilities for students
qenerated by the project will pe available when needed;
(14) Nature Interpretative Center Benefit or Assessment
District.
The properties enjoyinq the benefits of the Nature
Interpretative Center (includinq the Midbayfront) will be included
within a et to be established Benefit or Assessment District which
will contribute £1111 suhstantiall to 0 erational costs of Center
proqrams); and
Comment. Thf're arc twu problems here:
(15) Private Laqoon.
The private J;aqoon in the northern residential area would
be a private amenity for that area;
(16) Phasing.
Entitlements to develop the Project shall conditioned on
~Rhasinq plan acc~ptable to the City Council which Phasinq Plan
shall be programmed to ensure fiscal benefits to the City, and
early implementation of' public parks and the Cultural Arts
Facility. Updated and o~ective market, economic, and fiscal
~lyses shall be provided prior to the commencement of any phase
of development. Phasinq program shall be conditioned to require
performance quarantee of developer.-~he-firBt-~haBe-8haii-ifteiöde
Jgr~J?
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JAN-21-92 TUE 14:57 PETERSON & PRICE FAX NO, 6192344786 P,DS
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c!eveio)ment- o£- -t.*,-e--core- ar(;a -C'()j~~i-nq--~ -l-~It.-eore - hotelsï
retail eommereial-~~-~~~~--aboveï-~ spo£~~-eomÞleX7
ß.e!,idenHal-;jeve-lopmelt~ -in-"t-he--northern- area -tnort.h--o{--Marina
Park"a -me ~-.;. flcl tI~-ed- -t-o- -a- -mmr-i1ftU!ll- -o-f- -&5- - ~It~-( f-the-totai
J'111Mer-of-1:In!te·
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(17) Assurances of Development-~Development Aqreement.
The General Plan Amendment'or the LCP Resubn\ittal, a'nd
any entitlements therein conveyed, shall be conditioned upon the
City and the Developer reachinq an aqreement ( "Development
Aqreement") which addresses, a~onq other thinqs as the ~arties may
desire, those matters hereinbelow set forth as Development
Aqreement Conditions.
C. 'fhe-Seve ~per '1tha-1-1- 'C()t\ttI.l-t:-,- i 1'1- the -form ~ -e- ~~t!!d- and
exeel1t:ec!- -De'Ii'e-],oph.efri: - Agreement: 1- "t-o-,- -anc!- -provide- - t.he- -c-i-t-y- -with
I!I eel1ri ty- -eu-f-f-!-c-ieftt:- - 't in- ~ --judg"u!!11 t:. - -of - -t-he- -e i:ty - ~ - gl1aranty
eompieHon- of-t.he- i'roj-ect.1--f'Oi:"',-~-deve-}oplltelt~ ~f -tM -lanci,.-and
eaeh-pa~~-pha~e-o£ IS ame-, -j;nc-};ud-l-ng-,- -bitt - noi:- -:H.1Iti-ted- -to- -the
del!lign-~-~-t~~~-of-~r1--~~~-bene£its7-~-~-the
eI11t:l1rai-~~-?aerri:ty,-ðeeO~diftg-"t-o--t:he-~~~~r-Plan
Amendment-~~~~-Re~aßmrttal-ï-whieh-~ha~~-~~-~M-el1itl1ral
Arts-Faeility-anc!-fee-RinkfPark-in-the-manner-herein-provided¡-at
sl1eh -ti:me -as- 8 a.!te 1tt'e- ~t.u~ftecl-to-the -<H'~ -counci-l- -f-or-- -t.heir- review
and-~. 'fhe - -counc-i-1- -may --corut-!de'r- - wai vin1l" -t'M - '8eCt1rl-ty
~I\sf f ieieneY-'requ1:rement: -for-a- -De-. el0p6L -th:at-oi-e---a--governmente'l:
agenel"
- eondit.ions. The Counc: 11
may consider waiving the security sufficiency requirement for a
Ðeveloper ieveloper that is a governmental agency.
Comment_ _ There vre three very basic problems here:
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( I) Cultural Arts Facility Contribution.
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As part of financinq plan required by the conditions of
this resolution hereinabove set forth, Developer shall provide for
slqnificant Developer contribution to the desiqn and construction
of such a Facility, and which may further provide for San Dieqo
Unified Port District participation.
.
By approving the Concept~al plan, the City Council intends only to
give, and qives only,_ development processing direction to the staff
of the City in order that staff may efficiently and effectively
develop an LCP Amendment and General Plan Amendment. Such approval.
is not intended to, and shall not, constitute final approval of the
plan at this stage nor is it intended to, and shall not, convey any
entitlement or expectation of development to the developer;
finally, approval of the concept plan is not intended to, and shall
not, commit the Council to approval of the LCP Resubmittal, the
General Plan Amendment, or the Redevelopment Plan Amendment, or any
other land use right. Rather, the Council shall retain full and
unfettered discretion to consider the LCP Resubmittal, the General
Plan Amendment, ðnd the Redevelopment Plan Amendment without
consequence, despite its decision to approve the Concept~ai
~. -Ð&veleo~r The developer and/or the owner of the
. . .." shall receive no vested rights to develop prior to
eommeneemen~-o!-~~~~~~~~~ltd~-~~~~ed-bHiidift
ermH:s ' - .
2. CEQA Findings and Statement of Overriding Considerations.
A. Adoption of Findings.
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 CEQA Findings attached hereto as Exhibit A.
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JAN-21-92 rUE 14:59 PETERSON & PRICE FAX NO, 6192344786 P.10
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in E~hibit A attached
hereto, the City Council hereby finds, pursuant to Public Resources
Code section 21081 and CEQA Guidelines section 15091, that certain
of the mitigation measures described in the EIR as feasible are
feasible, and will become !-binding condition or conditions upon
the Project.
C. Infeasibility of Mitigation Measures and Alternatives.
As set forth in Exhibit A attached héreto, the City Council
finds that the remainder of the proposed mitigation measure!.L
identified therein as infeasible, and none of the proposed Project
alternatives set forth in the Final EIR can feasibly substantially
lessen or avoid the potentially significant effects that will not
be substantially lessened or avoided by adoption of all feasible
mitigation measures.
D. Adoption of Mitigation Monitoring Program.
As required by Public Resources Code section 21081.6, the City
Council hereby adopts the mitigation monitoring program
("Program"), set forth in Exhibit B, incorporated herein by
reference. The City Council finds that the Program is designed to
ensure that, during project implementation, the project applicant,
and other responsible partiClS, implement t.he Project components and
comply with the feasible mitigation measures identified in the
Findings.
E. Statement of Overriding Considerations.
Even after the adoption of feasible mitigation measures and
alternatives, certain significant or potentially significant
adverse environmental effects caused by the project will remain.
Therefore, the City council hereby issues, pursuant to CEQA
Guidelines section 15093 and as set forth in Exhibit A attached
hereto, a statement of overriding considerations identifying the
specifiC economic, social, and other considerations that render
that unavoidable significant adverse environmental effects
acceptable.
:
Presented by Approved as to form by
Chris Salomone, Director Bruce M. Boogaard,
of Community Development City Attorney
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¡ Staff Recommendations Regarding the Barkett Draft
The Text is Marked with Staff Concurrences and
Footnoted with Staff Rejections
From the Proposed Council Draft
RESOLUTION NO. 16467
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO APPROVE THE MIDBAYFRONT CONCEPTUAL DEVELOPMENT
PLAN (SUBCOMMITTEE ALTERNATIVE) WITH MODIFICATIONS,
MAKING FINDINGS OF FACT RELATING TO THE FEASIBILITY OF
MITIGATION MEASURES AND PROJECT ALTERNATIVES, ADOPTING
A MITIGATION MONITORING PROGRAM, AND A STATEMENT OF
OVERRIDING CONSIDERATIONS
WHEREAS, a draft Environmental Impact Report, dated August
1990, evaluating the proposed Midbayfront Local Coastal Program
(LCP) Resubmittal was prepared and was transmitted by the city of
Chula Vista, as lead agency, to all concerned parties for review
and comment; and,
WHEREAS, notice of the availability of the draft Environmen-
tal Impact Report was given as required by law; and
WHEREAS, written comments from the public on the draft En-
vironmental Impact Report were accepted from August 6, 1990 to
September 26, 1990; and
WHEREAS, the City Planning Commission held a public hearing
and accepted public testimony on the draft Environmental Impact
Report on September 26, 1990; and
WHEREAS, at this hearing, CHULA VISTA INVESTORS (the project
applicant) introduced a new revised concept plan described as
Alternative 8; and
WHEREAS, based on new information raised in the public
comment period and at the public hearing, a Recirculated Draft
Environmental Impact R~port, dated July 1991, was prepared for
Alternative 8; and
WHEREAS, the Recirculated Draft supersedes the previous
Draft Environmental Impact Report; and
WHEREAS, the Recirculated Draft Environmental Impact Report,
dated July 1991, evaluating the proposed Midbayfront LCP
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 1
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Resubmittal No. 8 Amendment project, was prepared and was
transmitted by the City of Chula vista to all concerned parties
for review and comment; and
WHEREAS, notice of the availability of the Recirculated
Draft Environmental Impact Report was given as required by law;
and
WHEREAS, written comments from the public on the
Recirculated Draft Environmental Impact Report were accepted from
April 10, 1991 to May 22, 1991; and
WHEREAS, the public review period on the Recirculated Draft
EIR was extended until May 24, 1991 to allow additional response
time for the u.S. Fish and Wildlife Service; and
WHEREAS, the City Planning commission held a public hearing
and accepted public testimony on the Recirculated Draft
Environmental Impact Report on May 22, 1991; and
WHEREAS, agency and public comments have been addressed in
the Final Environmental Impact Report for Midbayfront LCP
Resubmittal No. 8 Amendment, dated July 1991; and
WHEREAS, the Midbayfront LCP Resubmittal No. 8 project was
heard by the City Planning Commission on July 24, 1991; and,
WHEREAS, the Planning commission has, by separate resolution
(Planning Commission Resolution No. EIR-89-081 on July 24, 1991,
certified the Final Environmental Impact Report (No. EIR-89-08)
(hereafter "EIR") pursuant to the California Environmental
Quality Act ("CEQA") (Pub. Resources Code, section 21000 et seg.)
and the CEQA Guidelines (Cal. Code of Regulations, tit. 14,
section 15ÖOO et seg.) which analyzes the environmental effects
of the proposed Midbayfront LCP CeRee~taal Be~ele~meRt PlaR
(Ðaeeemmittee AlterRative) Resubmittal No. 8. Alternative 8
(hereafter nrrejeet.lI)j and
WHEREAS, the City Council certified the EIR Fiftal
ERvireHmeRtal Impaet Re~ert on August 20, 1991 wherein the
Pro;ect was described as Alternative 8.; and
,
WHEREAS, the city Council adopted Resolution No. 16328 on
August 20, 1991, which neither approved nor disapproved of ~
prejeet Alternative 8 but referred the prejeet same to the
Bayfront Planning Subcommittee for their review and recommenda-
tion; and
WHEREAS, the Bayfront Planning Subcommittee held
approximately 15 public meetings and recommended to the City
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 2
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council that thev ~ approve ~fte Res~èmi~~al Alternative N8T 8L
as identified in the EIR. with minor modifications. As so
modified bv said subcommittee. the recommendation of said
subcommittee is officiallv referred to as the Midbavfront
ConceDtual DeveloDment Plan (Subcommittee Alternative) . and shall
hereinafter be referred to as the "Subcommittee Alternative");
and
WHEREAS, these minor modifications DroDosed bv the
Subcommittee Alternative to Alternative 8 include the elimination
of a previously designated luxury hotel and placing in its stead
a Cultural Arts facility on approximately three acres, a
reduction of the number of residential units from 1400 to 1000
(though the total square footage remains the same), and minor
design modifications to the northern residential area; and
WHEREAS, the Fißal EIR certified by the City Council on
August 20, 1991 addressed the impacts of such Subcommittee
Alternative modifications; and
WHEREAS. on or about December 10. 1991. an addendum to the
EIRwas DreDared which identified the DrODosed Subcommittee
Alternative modifications and which concluded that said
modifications did not chanae the conclusions as contained in the
EIR as to the imDacts of the Subcommittee Alternative on the
environment: and.
WHEREAS, public notice was given on December 11, 1991, that
the Fißal EIR for Resubmittal No. 8 would be used as the EIR for
the Midbayfront Conceptual Development Plan (Subcommittee
Alternative) ; and
WHEREAS. the Plannina Commission conducted a Dublic hearina
on December 18. 1991 for the DurDose of hearina Dublic testimonv
as to the Subcommittee Alternative and the DrODer and adequate
DreDaration of the EIR. and at a continued meetina thereof held
on Januarv 8. 1992. bv the adoDtion of their resolution. PC No.
89-08A. recommended to the Citv Council the certification of the
EIR and aDDroval of the Subcommittee Alternative with additional
minor modifications ("Plannina commission Alternative): and
WHEREAS . a Dublic hearina was held before the citv Council
on Januarv 14. 1992 for the DurDose of aDDrovina Midbavfront
ConceDtual DeveloDment Plan (Subcommittee Alternative) Drovidina.
amona others. for the develoDment of the site in the manner
described bv the Subcommittee Alternative. and for the further
DurDose of certifvina the EIR. makina findinas and adoDtina a
mitiaation and monitorina Droaram and statement of overridina
considerations: and.
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 3
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WHEREAS. at their meetina of Januarv 14. 1992. the Citv
Council did conduct and close said public hearina. certified the
proper preparation of the ErR for the Subcommittee Alternative bv
their adoption of Resolution No. 16466. proposed amendments to
the concept plan (which as so amended. shall hereinafter be re-
ferred to as the "Council Alternative". or alternativelv
hereinafter as the "Pro;ect"). and directed staff to prepare and
return to the Council a revised approval resolution which
incorporates their proposed amendments: and.
WHEREAS. the ErR certified bv the Citv Council on Auaust 20.
1991 and aaain on Januarv 14. 1992 addressed the impacts of the
Council Alternative: and
WHEREAS, the ErR identified certain significant and
potentially significant adverse effects on the environment caused
by the Project; and
WHEREAS, the City Council is required, pursuant to CEQA, to
adopt all feasible mitigation measures or feasible project
alternatives that can substantially lessen or avoid any
significant environmental effects; and .
WHEREAS, the City Council desires, in accordance with CEQA,
to declare that, despite the occurrence of certain significant
and potentially significant effects that cannot be substantially
lessened or avoided through the adoption of feasible mitigation
measures or feasible alternatives, there exist certain overriding
economic, social, and other considerations for approving the
Project that the City Council believes justify the occurrence of
those impacts;
Now, therefore, the City Council of the City of Chula vista
does hereby find, determine, resolve and order as follows:
1. Project Approval [Ceaeept Plaa).
The city Council approves the' Midbayfront LCP Conceptual
Development Plan (Subcommittee Alternative) as herein modified
("Concept Plan") and bv doina so. directs the staff to process.
and return to Council for approval of. an LCP Resubmittal for the
territorv of the Midbavfront. a Redevelopment Plan Amendment1
and a General Plan Amendment that provides a plan for the
development of the Midbavfront consistent with the Midbayfront
LCP Conceptual Development Plan (Subcommittee Alternative), with
1. Developer proposes addition of the Redevelopment Plan
Amendment, with which we concur, since it appears that an RPA
will be required.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 4
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the following changes. conditions. information and additional
Drocessinq direction:
A. Informational Conditions.
At the time the General Plan Amendment and the LCP
Resubmittal are returned to the Council for review and aDDroval.
they shall be accomDanied bv the followinq tvces of information:
(l) Economic Feasibilitv
An Economic Feasibility Analvsis ("EFA") shall be
DreDared. submitted to the Council. and aDDroved Drior to. or
concurrently with. the aDDroval of the LCP Resubmittal and
General Plan Amendment. The reDort shall be DreDared in a format
acceDtable to the city's Director of Finance and be available
with adequate lead time for a thorouqh staff review. The cri-
teria for aDDroval of this reDort shall be that it demonstrates
clearlY that the Dro;ect/Dhasinq DrODosed is economically
feasible. The reDort shall include a sUDDortable statistical
basis for marketinq (revenue/absorDtion) and costs associated
with the feasibility analysis.
(2) Minimal Residential Density to Permit Economic
Feasibilitv.
An economic feasibility analysis that demonstrates the
minimum number of residential units that can be built and still
Dermit the Dro;ect to remain economically feasible.
(J) ShiDbuildinq Jobs.
One or more oDtional Dlans for the Council's aDDroval
and imDlementation that will Dermit the Dreservation of ;obs
otherwise Drovided bY the shiDyard at the foot of F street that
may be dislocated bY the Pro;ect. One such Dlan may include the
relocation of the shiDyard facility.
(4) Coordination with Coastal Commission Processinq.
Staff is directed to review with the Coastal Commission
what other communities have done with reqard to mass transit
DrOqrams and how such proqrams affects traffic and to work with
the Coastal Commission staff as to the acceDtability of the
DroDosed buildinq heiqhts and other Dro;ect features.
B. Pro;ect Related Conditions.
At the time the General Plan Amendment and the LCP
Resubmittal are returned to the city Council for their review and
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 5
/$--- 1¿7y'
._---~----"--~-_._-_._.._- --"--_.~_.._,_.._._._.._--
approval. thev are to be returned in a manner that proposes.
amona such other conditions that the staff deems appropriate. the
followina conditions:
(1) CUltural Arts Facility.
Upon determination by the citv Council that a cultural
arts facility of the type described herein ("Facility") is most
appropriate Iv placed within the territory of the Conceptti&± Plan.
the Developer shall dedicate the land sufficient for the Facilitv
(includina parkina for the facility). within the territory of the
Conceptti&± Plan. and develop and present to the Council for ap-
proval. a feasible (in the iudament of the City Council) financ-
ina plan that will permit the desian and construction of a multi-
functional cultural arts center with a minimum aoal of 2.000 seat
capacity of such a desian that meets with the satisfaction of the
city Council. and which. as part of said financina plan. will
provide forsianificant Developer contribution to such a proiect.
and which may further provide for Port participation.2 .
(2) Ice Rink/Park.
The Developer shall dedicate the space and parkina for
same. within the territory of the Conceptti&± Plan. and either
cause the desian and construction of. or fund the desian and
construction of. a 62.000 sauare foot. 5.000 seat capacity ice
rink of such a desian that meets with the satisfaction of the
cit Counci . or in the a ternative a ark or other recrea-
tional facilit desi ned and constructed to the sat1sfact10n of
the city Counc11.
2. Developer proposes adding the following sentence:
Should the City ultimately decide the Cultural Arts Center
will not be built within the project area, the density
originally allocated to developer for its luxury hotel may
be transferred elsewhere in the project, subject to adequate
parking being provided.
Staff recommends rejection of same.
3. Goss recommended "park or other recreational facility"
subsequent to the Council meeting addition of a park in lieu of
the ice rink.
4. Developer proposes adding the following sentence:
"The area may also be considered for surface parking.
(continued. . . )
mbfd11-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 6
/7~ /tJ3
_~~_________ _'_..._m_< _ _m___ _"___ ____~..__.__
(3\ Limited Number of Hiah Rises.
The General Plan Amendment and LCP Resubmittal shall be
Drocessed to Drovide no more 'than four (4\~ "hiah rise" struc-
tures. The term "high rise structure" lIIeans any building lIIore
than ten (10) stories tall.6
(4\ parkina
A minimum of 75 Dercent of the reauired Darkina for the
Resort and Residential uses shall be Drovided in subterranean or
concealed Darkina structures:
(5\ Bike/Hikina Trails
An intearated trail svstem to maximize trail and visual
access to the bavfront shall be Drovided and shall Drovide
linkaae to the Chula vista Greenbelt (as described in the General
Plan\:
(6\ Water Access
A location for future direct access to the Bav shall be
4. (...continued)
Should the construction of an ice rink be determined by the
city council to be infeasible or undesirable any density
allocable to the ice rink, if not built, may be utilized
elsewhere in the project, subject to adequate parking being
provided."
Staff recommends rejection of same.
5. Developer recommends limiting the number of high rises to
five (5). Staff rejects this on the basis that it is
inconsistent with the established Council direction, but except
for Council direction, believes that, given a fixed amount of
density (Le., square footage), open space and view corridors
will be preserved as higher high rises are permitted.
6. Staff supports the Developer recommendation that Council
advise us on the definition of "high rise" that they will want to
see returned to them at the GPA stage. Our general plan defines
high rise as between 8 to 15 stories. The EIR considers them as
greater than 10 stories. The subcommittee alternative has
recommended that a high rise be defined as not greater than 22
stories, possibly in order to permit a small footprint, and
greater view corridor. Please advise us.
I
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 7
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identified on the final Dlan in the event that future Federal.
state. and Port District aDDrovals would Dermit such access:
(7) Traffic
The proiect shall not cause traffic in the Proiect
vicinity to be reduced to below acceDted city Thresholds as
articulated in the Growth Manaqement Proqram. A traffic
monitorinq DrOqram shall be established as an imDlementation and
Dhasinq requirement:
(S) Conversion of Hotels
Hotels may not be converted for residential use. and
authorized but not-built hotel units are not contemDlated for
residential use:
(9) Familv and Luxurv Housinq -
A minimum of 25 Dercent of the dwellinq units in the
northern residential neiqhborhood shall be three bedroom units.
such that. in the event that 700 dwellinq units are eventuallY
Dermitted in said area. 175 shall be three bedroom units.7
(10) Affordable Housinq
The Dro;ect shall address the City's Dolicy and
Dractice of Drovidinq a 10 Dercent Affordable Housinq qoal (eer
city's Housinq Element):
(ll) Air Ouality
An Air Ouality ImDrovement Plan (as defined in the
Growth Manaqement Ordinance) shall be required for aDDroval
concurrentlY with the Dro;ect submittal (SPA Plan):
(12) Water Conservation
A Water Conservation Plan (as defined in the Growth
Manaqement Ordinance) shall be required for aDDroval concurrently
with the Dro;ect submittal (SPA Plan):
(13) School-S
7. Developer wants the deletion of this condition on the theory
that there is no need for this kind of a requirement in the LCP
Amendment. Staff disagrees and recommends declining the
requested amendment.
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page S
/gr~)(J?
m__._ ..------.-.-....--,.---
,
An aareement will be reached between the Districts.
aDDlicant. and city to assure that facilities for students
aenerated bv the Dro;ect will be available when needed:
(14) Nature InterDretative Center Benefit or
Assessment District.
The DroDerties en;ovina the benefits of the Nature
InterDretative Center (includina the Midbavfront) will be
included within a vet to be established Benefit or Assessment
District which will contribute full8 oDerational costs of Center
Droarams): and
(15) Private Laaoon
The Drivate laaoon in the northern residential area
would be a Drivate amenity for that area:
(16) Phasina.
Entitlements to develoD the Pro;ect shall conditioned
on a Phasina Plan acceDtable to the City Council which Phasina
Plan shall be Droarammed to ensure fiscal benefits to the City.
and early imDlementation of Dublic Darks and the Cultural Arts
Facilitv. UDdated and ob;ective market. economic. and fiscal
analyses shall be Drovided Drior to the commencement of anvDhase
of develoDment. Phasina Droaram shall be conditioned to reauire
Derformance auarantee of develoDer. The first Dhase shall
include develoDment of the core area comDrisina the laaoon. core
hotels. retail/commercial with residential above. and sDorts
comDlex. Residential develoDment in the northern area (north of
Marina Parkway) may be included to a maximum of 25 Dercent of the
total number of units¡9
8. Developer recommends replacing "full" with "substantial".
staff recommends declining the recommendation on the grounds that
the details of the assessment district should not be addressed at
this early stage, and will presumably either comply with the law,
or will be subject to full public and legal review.
9. Developer desires ~eletion of this last sentence on the
argument that the contents of the first phase should be the
subject matter of feasibility study and the development
agreement, not in the LCP Amendment. While this may be a close
call on where to allocate this condition, staff recommends
declining the Developer's recommendation. staff believes that
this is processing direction for the LCP Amendment, Redevelopment
Plan and the GPA, and part of the security of development that
(continued. . . )
.
mbfdll-B.wp Resolution re Midbayfront conceptual Plan
January 16, 1991 Page 9
/<;5> ItJ8'
~-_..--------- ._.. '.'0_""_. .."_W"'._.'.__'·_.'._"_·.'~·__________
(171 Assurances of Development--Development Aareement.
.
The General Plan Amendment or the LCP Resubmittal. and
any entitlements therein conveyed. shall be conditioned UDOn the
City and the DeveloDer reachina an aareement ("DeveloDment
Aareement" 1 which addresses. amona other thinas as the parties
may desire. those matters hereinbelow set forth as Development
Aareement Conditions.
c. DeveloDment Aareement Conditions.
The Developer shall commit. in the form of a proDosed and
executed DeveloDment Aareement. to. and Drovide the City with
security sufficient (in the ;udament of the city to auarantv
comDletion~f the Pro;ectl for. the development of the land. and
each Dart and Dhase of same. includina. but not limited to the
desian and construction of all Dublic benefits. such as the
Cultural Arts Facilitv. accordina to the Droposed General Plan
Amendment and LCP Resubmittal. which shall include the Cultural
Arts Facilitv and Ice Rink/Park in the manner herein Drovided. at
such time as same are returned to the City Council for their ~
review and aDDroval. The Council may consider waivina the
security sufficiency reauirement for a Developer1o that is a
aovernmental aaencv. 11
9. ( . .. continued)
the council desires may be obtainable though the phased
conveyance of development rights.
10. Developer proposes making the term: "Developer" read as
"developer", thereby creating a generic development right, not
limited to any particular landowner.
11. The Developer is proposing, at this point, the most
substantive difference in the following language:
"The Development Agreement shall give sufficient assurances
to the City, to the City's reasonable satisfaction, that the
different phases of the project prior to commencement of any
such phase will be completed. It is the intent of this
paragraph that the completion of all public infrastructure
shall be guaranteed or otherwise suitably bonded prior to
commencement of any such infrastructure and that the
completion of each private structure shall be guaranteed or
suitably bonded prior to the commencement of construction of
any such private structure. . "
. .
(continued... )
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 10
)¿r~/tJ7
--...---.. .-. ....-.---......---.--.-.-.....-.--..- .""..-.--
(1) CUltural Arts Facilitv Contribution.
As part of financina plan reauired bv the conditions of
this resolution hereinabove set forth. Developer shall provide
for sianificant Developer contribution to the desian and
construction of such a Facilitv. and which,mav,further provide
o u ified Port 'st , c on.
By appr~Vi .
he ConcepttiD± plan, the City Council intends only
to give, and aives onlv. development processing direction to the
staff of the City in order that staff may efficiently and
effectively develop an LCP Amendment and General Plan Amendment.
Such approval is not intended to, and shall not, constitute final
approval of the plan at this stage nor is it intended to, and
shall not, convey any entitlement or expectation of development
to the developer; finally, approval of the concept plan is not
intended to, and shall not, commit the Council to approval of the
LCP Resubmittal, the General Plan Amendment, or the Redevelopment
Plan Amendment, or any other land use right. Rather, the Council
shall retain full and unfettered discretion to consider the LCP
Resubmittal, the General Plan Amendment, and the Redevelopment
Plan Amendment without consequence, despite its decision to
approve the ConcepttiD± Development Plan. Developer12 shall
receive no vested rights to develop prior to the entering into a
final Development Agreement with the City of Chula vista, and/or
the City of Chula vista Redevelopment Agency, and such rights
shall then be only those conferred by such Development Agreement,
but in the absence of reachina terms as to a Development
Aareement wherein the citv confers vested riahts in the
11- (...continued)
This is a building-by-building security and a infrastructure-by-
infrastructure security, not a plan-wide security! The Developer
complains that the cost of a plan-wide security is prohibitive.
The City Attorney recommends that the Council decline the
Developer proposed language on the basis that plan implementation
may be attainable by other than bonds or guaranties, the details
of which may be the subject matter of negotiations.
12. Developer recommends insertion, at this point, of the
following:
,
.
"and/or the owner of the subject property"
thereby implying the right to transfer the ownership of the site
without affecting the development rights. We recommending
rejecting that at this point although staff will consider
bifurcating the development rights with the development duties at
the time the LCP Resubmittal and GPA are returned to the Council.
.
mbfd11-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 11
Ig> //¿/
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Developer. the Developer shall receive no vested riahts to
develop ~rior to the" commencement of construction pursuant to
validly ~ssued building permits.
2. CEQA Findings and statement of Overriding Considerations.
A. Adoption of Findings.
The city Council does hereby approve, accept as its own,
incorporate as if set forth in full herein, and make each and
everyone of the CEQA Findings attached hereto as Exhibit A.
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit A attached
hereto, the City Council hereby finds, pursuant to Public
Resources Code section 21081 and CEQA Guidelines section 15091,
that certain of the mitigation measures described in the EIR ªª
feasible are feasible, and will become A-binding condition or
conditions upon the Project.
C. Infeasibility of Mitigation Measures and Alternatives.
As set forth in Exhibit A attached hereto, the city Council
finds that the remainder of the proposed mitigation measures~
identified therein as infeasible. and none of the proposed
Project alternatives set forth in the Final EIR can feasibly
substantially lessen or avoid the potentially significant effects
that will not be substantially lessened or avoided by adoption of
all feasible mitigation measures.
D. Adoption of Mitigation Monitoring Program.
As required by Public Resources Code section 21081.6, the
City Council hereby adopts the mitigation monitoring program
("Program"), set forth in Exhibit B, incorporated herein by
reference. The City Council finds that the Program is designed
to ensure that, during Project implementation, the Project
applicant, and other responsible parties, implement the Project
components and comply with the feasible mitigation measures
identified in the Findings.
:
13. Staff concurs that the Development Agreement, if reached,
will have the ability to confer vested rights, but until it is
negotiated, we will not know that it does. So unless it is
worded to confer vested rights, we should not confer the vesting
of rights sooner than the agreement. Therefore, I propose the
alternative language to cover the possibility.
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 12
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_.__.~_..- "_.______--.___._.___...___n..._
E. statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures
and alternatives, certain significant or potentially significant
adverse environmental effects caused by the Project will remain.
Therefore, the City Council hereby issues, pursuant to CEQA
Guidelines section 15093 and as set forth in Exhibit A attached
hereto, a statement of overriding considerations identifying the
specific economic, social, and other considerations that render
that unavoidable significant adverse environmental effects
acceptable.
Presented by Approved as to form by
Chris Salomone, Director Bruce M. Boogaard,
of Community Development city Attorney
:
.
mbfdll-B.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 13
Jg-~//~
--..------'-----. ..._-. ..-- . .--..
-.9
- (1frFI\I~1\ ~ 10 Kell er
.
JAN201992~ ):,Environmental
CITY ATTORNEY t¡;
January 17, 1992 ~ Chl::aVUa,Ca.,~ Associates
B '
Mr. Bruce M. Boogaard, City Attorney·í;TTT,;.. \ ' Inc
City of Chula Vista .
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Midbayfront LCP No.8 Resubmittal FEIR and Resolutions 16466 and 16467
Dear Mr. Boogaard:
This letter is being transmitted to the City of Chula Vista in order that Keller
Environmental Associates, Inc.'s (Keller's) comments regarding the Midbayfront LCP
Resubmittal No.8 be entered into the record prior to Council Action on Resolution 16467.
In deference to the City's wishes last week, these comments were not provided during the
public hearing on January 14, 1992, requiring their transmittal herein.
As the City's environmental consultant on the Midbayfront LCP No.8 Resubmittal from
April 1989 through August 1991, Keller's comments are as follows:
1. Environmental Compliance for the Subcommittee's Midbayfront Conceptual
Development Plan. Keller's contract with the City of Chula Vista ended with the
certification of the Final Environmental Impact Report (FEIR) in August 1991. Since
that time, we have had no involvement in any of the environmental review the City has
completed on the Subcommittee's Alternative. As such, our ability to support the City
in any future legal action that may be taken against the City, should the City approve
the Subcommittee's Alternative, is limited. From Keller's perspective, we have no
problem with the City's handling of this issue. We believe, however, that in the future,
it would be in the City's best interest to retain an independent consultant for the
duration of the environmental review process, particularly in instances where the project
is controversial and subject to possibk fut~e litigation.
2. Resolution 16477 - CEOA Findings and Statement of Overriding Considerations. While
, we fully recognize that the CEQA Findings and Statement of Overriding Considerations
are separate actions from the FEIR certification, and that Keller has no responsibility
for them, we are nonetheliss concerned that they may ultimately have a bearing on the
adequacy of the alternatives analyses that were prepared by our firm. The CEQA
Findings and Statement of Overriding Considerations essentially concluded that all the
alternatives addressed in the Draft EIR, Recirculated Draft EIR and Final EIR are
infeasible due to economic and social criteria that have been established by the
developer's consultants. During the preparation of the CEQA documents these
( developer criteria were never specificaIly considered in thc development of alternatives
that are discussed in detail in the EIR. Under CEQA, the EIR is to "Describe a range
ofreasonable alternatives to the project...which could feasibly attain the basic objectives
of the project...." (Section 15126(d). CEQA guidelines go on to state that:
1727 Fifth Ave., San Diego, CA 92101 .. (619) 233-1454 .. FAX 233-0952
/ JY.j /3
_._.._.~--"......,_.~..-,._"-'-'--"- - ,. _._-_._--_.~---~---"---_.....,.._.-
. .
( Letter to Mr. Bruce M. Boogaard Page 2
. - City of Chula Vista
January 17, 1992
"1be discussion of alternatives shall focus on alternatives capable of
eliminating any significant adverse environmental effects or reducing them to
a level of insignificance, even if these alternatives would impede to some
degree the attainment of the project objectives, or would be more costly
(Section IS126(d)(3».
Section IS126(d)(S) states that "1be key issue is whether the selection and discussion
of alternatives fosters informed decision-making and informed public participation."
While every effort was made in the EIR to identify alternatives that would reduce
significant impacts, it is unclear to me that these alternatives were indeed "reasonable,"
if none was ultimately considered to be feasible, based upon the developer's criteria.
Furthermore, by retroactively deciding that the analyzed alternatives are infeasible, a
question is raised regarding whether the alternatives analyses could have fostered
informed public participation.
Finally, it is our contention that the City Council must be privy to all relevant information
¡ regarding a project prior to taking formal action; such a vote was originally scheduled for
that night. It is also our position that Keller, as the prime environmental consultant on the
project, is an appropriate party to voice concerns related to adequacy of the environmental
document. Indeed, though the contract has ended and Keller is no longer bound to the
project in any legal fashion, given the length of time we consulted for the City, we consider
it an ethical requirement to notify our former client of potential pitfalls related to current
actions taken on the project. Consequently, while Keller did not provide these comments
at the public hearing on January 14, 1992, in accordance with the City's wishes, our silence
did not represent ratification of the amendments before Council.
Keller Environmental Assuciates, Inc. wish.::s 10ù and the City Coundl tu be awaÚ: of UUt
concerns at this important decision point. Keller is a neutral party with respect to the
Council's ultimate decision regarding the project, and is neither for nor against any of the
alternatives that have been evaluated over the past three years. However, our professional
reputation, and liability concerns necessitate that these comments be made.
J
Sincerely,
(ß/µ
Christine A Keller
( President ,
CAK:kkr 89-4\corresp.1l3
;2'---///'
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COUNCIL AGENDA STATEMENT
Item J'
Meeting Date 1/21/92
ITEM TITLE: Report on Chula Vi sta Trans it (CVT) Route 703 operation on
Oleander Avenue between Orange Avenue and Sequoia Street
SUBMITTED BY: Director of Public Works ~
2
REVIEWED BY: City Managp: {4/5ths Vote: Yes_No...x.J
, Counc il Referral #2459
The attached letter concerning traffic on Oleander Avenue, and a petition to
relocate CVT Route 703 (Exhibit 1), were sent to Mayor Nader from Mr. and Mrs.
Wi 11 i am Spei r on August 29, 1991. At its meeting on September 17, 1991,
Council accepted this written communication (Exhibit 1), and also accepted a
sta ff recommend at ion that the Speirs be informed about the status of the
CalTrans traffic signal project at the I-80S offramp. The Traffic Engineer
has informed the Speirs of the CalTrans project status.
Transit and Traffic Engineering staffs met with Mrs. Speir and Mrs. Rosemary
Haas (a resident of 1540 Oleander) on October 8, 1991, to discuss concerns
about Route 703. The two major concerns identified were vehicle noise and
exhaust fumes. After meet i ng with Mrs. Spei rand Mrs. Haas, Route 703 was
changed to operate in a one-way counter-cl ockwi se di rect i on around the loop
(Oleander, Sequoia, Brandywine and Orange) in an attempt to minimize noise due
to vehicle breaki ng and acceleration (Exhibit 2) . A bus stop was also
relocated from the side of the Speir's home on Sequoia Street. These changes
were made in October. The Transit Coordi nator recently di scussed Route 703
operation again with Mr. and Mrs. Spei rand Mrs. Haas. Mr. Spei r requested
that Route 703 not operate on Oleander Avenue between Orange and Sequoia; Mrs.
Haas st i 11 had a concern about exhaust fumes. Transit staff has evaluated a
number of options for CVT service in this area, and cannot recommend an
alternate routing that would remove Route 703 from this section of Oleander.
However, after reviewing both SANDAG on - board passenger counts of a 11 CVT
routes taken in September 1991, and more recent counts taken by Transit staff
on Route 703, staff does recommend a reduction of three evening trips on Route
703.
RECOMMENDATION: That Council approve:
1. Retaining the current 703 route structure; and
2. A reduction of three eveni ng tri ps, wi th the 1 ast departure from the H
Street Trolley Station at 9:15 p.m. (currently the last trip departs the
Palomar Trolley Station at 10:30 p.m.).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
"., ,
-"_._-- .___ ..,__.u...__-.._ .",_. _. _,_.____.____._.._._______._.__
Page 2, Item 11
Meeting Date 1/21/92
DISCUSSION:
The attached CVT system map (Exhibit 3) shows the ent ire Route 703 and its
relation to other CVT routes. Exhibit 4 shows previous Route 703 alignments.
Prior to 1988, Route 703 operated on Oleander to Main Street; Oleander Avenue
was part of a one-way loop which included Main Street, Melrose Avenue and
Palomar Street. In 1988, the route was changed to operate on Orange Avenue
between Oleander and Brandywine, and on one block of Brandywine between Orange
and Sequoia, thereby eliminating service on Oleander between Orange and
Sequoia. All these previous al ignments have included a stop at Sequoia and
Brandywine because of high passenger boarding (this stop serves not only the
immediate area but also the residential area to the east of Brandywine north
and south of Sequoia Street). In July 1991, CVT implemented major changes to
the entire system, one of which involved reconfiguring Route 703 to operate on
Orange Avenue between Oleander and the Palomar Trolley Station. The only way
to serve the Sequoia/Brandywine stop was by a loop which includes Orange
Avenue, Brandywine and the block of Oleander between Orange and Sequoia Street
which was added back into the system as it was prior to 1988. The main
difference between current 703 operation and previous years is more frequent
and later night service, which means more buses operating on the route.
In response to the Speir's 1 etter and concerns expressed by the Ol eander
residents who signed the petition, Transit staff looked at a number of factors
involving Route 703 operation. The Traffic Engineering Division evaluated
three traffic related issues: roadway design, traffic volume, and vehicle
speed, and summari zed fi ndi ngs on these issues in the attached memo to the
Transit Coordinator (Exhibit 5) . According to the memo, this section of
01 eander Avenue under consideration is a standard 40 ft. wide, Class III
collector; traffic volumes have actually shown a 30% decrease since 1987; and
recent speed studies do not reveal excess i ve speed i ng. Therefore, from an
operations standpoint, there do not seem to be any factors that would make bus
operations on this block of Oleander Avenue different from the rest of
Oleander, or other similar streets in the City on which CVT operates.
Transit staff met with Mrs. Speir and Mrs. Haas on October 8 to discuss the
concerns about Route 703. The main concerns were bus noise and exhaust
fumes. In July, the 703 buses were operating in both directions on the loop
(Orange, Brandywine, Sequoia, and 01 eander) . Duri ng the meet i ng wi th Mrs.
Spei rand Mrs. Haas, it was decided that perhaps operating all buses in a
counterclockwise direction (south only on Oleander between Orange and Sequoia)
would minimize noise since the grade on Oleander south of Orange is relatively
flat, and noise resulting from bus acceleration, deceleration, or braking
might be reduced. Staff implemented this change on October 21, and after the
change had been in place for a few weeks contacted Mrs. Speir and Mrs. Haas.
The Transit Coordinator was told that the noise had been mitigated somewhat,
but was still evident ; and Mrs. Haas was concerned about di esel exhaust (her
home is on the west side of Oleander, near the Sequoia intersection). Mrs.
Haas also preferred the previ ous two-way servi ce on 01 eander, since not all
buses operated on the west side of 01 eander. The Trans it Coord i nator then
spoke with Mr. Speir and he requested that the buses be removed from Oleander
between Orange and Sequoia, and suggested that Route 703 be rerouted to Main
Street via Brandywine and then onto I-80S to get back to Orange Avenue.
I''''~
Page 3, Item "
Meeting Date 1/21/92
This rerouting to Main Street would have three negative impacts: increased
cost, out of direction travel, and decreased service frequency. This 1.4 mile
one-way diversion would add about $20,000 annually to operating costs; it
would be a significant out of direction travel pattern for most riders, with
little potential to increase ridership in this area given the present land
uses; and it would add five minutes to each trip (or ten minutes round trip).
Staff also considered eliminating the loop and, therefore, the
Sequoia/Brandywine stop. As indicated earl ier, this stop historically has
shown high passenger boardings. In September 1991, SANDAG conducted its
annual on-board passenger counts of all CVT routes, and staff received the
results of this survey in November. The Sequoia/Brandywine stop, according to
the survey, had a daily total of 41 boardi ngs and 45 deboardi ngs. The 41
boardings were 4.4% of total boardings for the route. The entire loop,
including other stops, had 50 boardings and 77 deboardings. Eliminating the
loop by operating on Orange Avenue to Oleander only, would significantly
reduce transit access to a substantial number of people, since many passengers
boarding and deboarding at Sequoia/Brandywine live a quarter-mile or more to
the east of that stop. (For some passengers, the intersection of Orange and
Oleander would be a distance of 1/2 mile to 1 mile.)
In the future, as development occurs in this area, and particularly when
Brandywine is extended to connect with Medical Center Drive, staff envisions a
new route which could operate on Brandywine between Main Street and Medical
Center Dri ve; and at that time, the 703 loop could be eliminated. I n the
meantime, staff cannot recommend another routing alternative to serve th is
area. However, staff did look at the late evening ridership on Routes 701,
702, and 703; after 8:00 p.m., Route 703 had the lowest ridership of these
three routes (generally 1 to 3 passengers per trip). Currently, the last 703
departure from H Street Station is 9:45 p.m. and 10:30 p.m. from Palomar
Station (the last bus operating on Oleander in the area under consideration is
10:50 p.m.). Based on the ridership after 8:00 p.m., staff recommends
reducing three trips in the 1 ate eveni ng, where the 1 ast departure from H
Street Station would be 9:15 p.m. with the last bus passing through the
Oleander neighborhood south of Orange Avenue at about 9:40 p.m.
FISCAL IMPACT: The reduction of three tri ps on Route 703 wi 11 result in an
annual estimated cost savings of $17,000.
WPC 1515T
File: DS-021/DS-024
1'''':1
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August 29, 1991
,
The Honorable Tim Nader
Mayor of Chula Vista, California
Dear Mayor Nader,
We are trying to keep our street a residental street
only. The enclosed petition we sent to the Chula Vista
Transit company is one concern. The other is the increased .
commercial traffic, i.e., Laidlaw Waste Systems and Pacific
Bell trucks, along our street.
We ask that you please consider a traffic light at the
off-ramp of 805 South and Main Street so that these trucks
can make that left-hand turn more easily and not feel the
need to use Oleander Avenue for the ease of a left-turn onto
Main Street.
We have a very busy street already and soon the children
will be back in school and we do not need t~ese trucks going
at an unsafe speed down Oleander. Could you please address
this problem for us by way of a traffic analysis to include
placement of speed limit signs and school crossing signs
which are now either non-existent or obscured.
Thank you.
Sincerely yours, )
~p~.,/f¿'~
Mr. and ~~i~am F. Sp .
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.
1543 Oleander Avenue
Chula Vista, CA 91911
421-7535
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A PETITION TO CHULA VISTA TRANSIT
FOR RELOCATION OF ROUTE '703
We, the undersigned residents of the Oleander Avenue, Sequoil
Street area, do hereby petition th~ Chula Vista Transit company to
relocate the bus. rout. 703 from running south of Orange Av.nue along
Ol.ander to Sequoia Street, to running ea.t on Orange Avenue and
using Brandywine Avenu. al the main throughfar. for the route. The
rea.ons we make this p.tition are,
Nohe Pollution, We are .xperi.ncing an increase of Iquealing
brakes and bus gears from once an hour to at least three times an
hour as the buses come around the corner at Sequoia. The re.idents
between Oleander .nd Olive Street experience three times that amount
as the~. are two bus stops and one s~op sign in ~nat one block area!
(We .re only talking about a four house area in that bloCk.) We
c.nnot even .njoy an hour-lOng tel.vision progr.m without the noile "
interference of the bu.es.
Air POllution, The exhaust from all the above mentioned stops
and starts. while probably unle.ded, i. still smellY and leaves our
bushes, flowers, and fences covered with a soot-like blackness.
Increased Traffic, We had looked forward' to the opening of
Br.ndywine Avenue to alleviate .ome of. the tremendous traffic that
.lready occurs on Oleander between Orangè and Sequoia. Unfortunately
that did not h.ppen and now we have buses allo!1 In Septnber, when
school starts. the traffic on this one block will be horrendous.
Increased Dangers: Oleander is a narrow street with curves.
There have already been instances when c.rs parked along the street
have caused the bus to come across the yellow line. making oncoming
traffic swerve to avoid being hit. This is a curve that is right by
the school--a dangerous place to be avoiding collisions.
We feel that moving the route to Brandywine does not cause much
hardship to anyone. It is only one blOck more to walk to the stops.
plus the few homes that are actually on'Brandywine are farther off
the Itreet, and tne .~reet is wider and .afer tor aJ.l concernltå.
Please, we feel that the inst.llation of thil route was not
properly researched before it started. Would you ple.se now just
st.nd on our terrible corner some morning or evening traffic hour
and see what w. mean about the whole .tr..t--th.n implem.nt our
petition.
Thank you.
We are forwarding a copy of thi. petition to Mayor Tim Nader along
with our concerns about other incr....d commerci.l traffic on our
.treet. The Chul. Vi.t. Police Dep.rtm.nt i. alr..dy aw.re of .ome
of the probl.m..
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A PETITION TO CHULA VISTA TRANSIT
FOR RELOCTION OF ROUTE 703
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A PETITION TO CHULA VISTA TRANSIT cÌ/H i (3;T I
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MEMºRAti!HlM
TO: Bill Gustafson, Transit Coordinator
VIA: Hal Rosenberg, Traffic Engine~ ~.
FROM: Frank Rivera, Associate Traffic Engineerf-
DATE: October 24, 1991
SUBJECT: Bus Routes on Oleander Avenue, Council Referral #2459
The Traffic Engineering Division has looked into the following traffic related
issues: roadway design, amount of traffic and speed of vehicles. .
Roadwav Desian
Oleander Avenue is a 40-foot wide Class III Collector with an Average Daily
Traffic (ADT) of approximately 4,530 vehicles per day. Oleander Avenue
circulates localized traffic as well as distributes traffic to and from
arterials and other collectors to access residential areas. The centerl i ne
grade is relatively flat at almost 2% except between E. Orange Avenue and
Sat inwood Way, where the centerl ine grade is at 10%. Valle Lindo is located
along the east side south of Satinwood Way. Oleander Avenue is an important
north/south link through the neighborhood connecting E. Orange Avenue to Otay
Valley Road. The other route, Brandywine Avenue, is located east of Oleander
Avenue.
Traffic Counts
Staff has reviewed volume counts on Oleander Avenue and Brandywine Avenue over
the past several years. Our revi ew shows that traffi c vol umes on Ol eander
Avenue have decreased approximately 30% since 1987 (6,530 ADT to 4,530 ADT),
while Brandywine Avenue volumes for the same time period increased almost 75%
(1,900 ADT to 3,290 ADT). Thus, traffic volumes in recent years have not
increased on Oleander Avenue as stated in the Speir's letter and petition.
Amount andSDeed of Vehicles
Recently performed speed studi es on both 01 eander Avenue and Sequoi a Street
did not reveal speeding to be excessive. Eighty-five percent of the motorists
,were noted to be driving at around 30 mph or less.
WPC 5783E
1''''11
--.-..---., - .----,._._---~,_._--".__.__.._--_...._._~--_..-
COUNCIL AGENDA STATEMENT
Item ~ t)
Meeting Date 1/21/92
ITEM TITLE: Resolution 1':$ r3 (1) Authori zing the installation of a
pai nted traffi c median on E Street between Fi rst Avenue and
Second Avenue; and (2) Establ i shi ng a no parki ng zone along
the north side of E Street between Second Avenue and Third
Avenue
SUBMITTED BY: "",t., .f P.b", ,.~"'::
REVIEWED BY: City Managef (4/Sths Vote: Yes_No-1L)
Council Referral #2484
Residents in the E Street-Second Avenue neighborhood have requested the
install at i on of a center two-way 1 eft-turn 1 ane on E Street between Second
Avenue and Third Avenue to improve traffic flow and safety. I n order to
accomplish this, parking would have to be prohibited on the north side of the
200 block of E Street.
RECOMMENDATION: That the Council adopt the resolution to:
1. Prohibit parking on the north side of the 200 block of E Street to allow
for the installation of a two-way left turn lane.
2. Authorize the installation of a painted median island prohibiting left
turns between First Avenue and the lOa block of Minot Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: At the Safety Conunission meeting on
September 12, 1991, the Safety Commission voted 5-1-1 to approve staff's
recommendat i on to i nsta 11 a two-way 1 eft turn 1 ane on E Street between Fi rst
Avenue and Third Avenue. At the Towne Centre Project Area Committee (TCPAC)
meet i ng of October 3, 1991, the TCPAC Committee voted 7-0 to concur with
staff's recommendation.
At the City Council meeting on October 25, 1991, the City Council recommended
that staff come back with i n 60 days with a report to provide addi t i ona 1
traffic information and analysis.
DISCUSSION:
E Street is a 64 foot wide east/west Class I Collector with two lanes in each
direction. Opposing traffic is separated by double yellow centerline
striping. Parking is allowed along both sides of the street, except near the
major intersections to allow for a left turn lane. The speed limit is posted
at 35 mil es per hour. Radar speed surveys conducted by staff show that the
85th percentile speed is 39 mph between First and Third Avenues and that the
range of speeds is generally between 31 and 44 miles per hour.
Traffic counts conducted by staff show that there were approximately
20,000-22,000 vehicles per day on E Street between Third Avenue and First
Avenue before SR-54 opened in December 1990. After the opening of SR-54,
traffic volumes dropped to 17,000-21,000 vehicles per day. Traffic volumes
.J,.,¡
----. _._.__.________________n_..__
Page 2, Item ~,
Meeting Date 1/21/92
are expected to ultimately increase to 25,000-30,000 as developments in the
Bayfront and commercial redevelopment on Woodlawn Avenue between E Street and
F Street and other adjacent areas occur.
The recent resurfacing of E Street from First Avenue to Fifth Avenue provides
an inexpensive opportunity to change the striping pattern between First and
Third Avenue to improve traffic flow and safety. Staff originally recommended.
to prohibit parking on one side, similar to the striping pattern on F Street
between Third Avenue and Fourth Avenue. To accommodate this change, parking
would have to be removed on the north side of the street. Removing the
park i ng on the north side is preferred since less parking spaces woul d be
affected. There are 37 parking spaces which would be el iminated along the
north curbline of E Street. Fourteen (14) parking spaces would be eliminated
between Second and Th i rd Avenues. Twenty-three (23) parking spaces would be
el imi nated between Second and Fi rst Avenues. Parking will still be a 11 owed
along the south side. There are 38 parking spaces along the south curbl ine,
16 west and 22 east of Second Avenue, respectively.
When the cont i nuous two-way 1 eft turn 1 ane propos a 1 requi ri ng the removal of
parki ng on the north side of E Street between Fi rst and Thi rd Avenues was
presented to the Counc il , res i dents of the 100 block of E Street expressed
object i on because of the hardshi ps caused by the loss of parki ng in front of
their houses. They indicated that while they would prefer to leave the street
unchanged, a 1 eft-turn proh i bit ion would be preferred over the loss of
on-street parking. Staff has no objection to the painted median alternative.
Ei ther plan, two-way 1 eft turn 1 ane or 1 eft-turn prohi bit i on woul d decrease
delay, improve traffic flow and most importantly enhance traffic safety.
The following alternatives were considered by staff:
1. Two-wav left turn lane First Avenue-Third Avenue: The two-way left turn
1 ane will allow motori sts to pull into thi s center 1 ane to make a 1 eft
turn without interruption of E Street through traffic.
The benefit of this alternative is that it will allow motorists
traveling eastbound on E Street to make left turns into the driveways on
the north side of E Street wi thout causi ng foll owi ng traffi c to stop.
Forcing motorists to come to unexpected stops results in a safety
problem as evidenced by the fact that during the 3.93 year period 21
rear end accidents have occurred midblock on E Street from Third Avenue
to First Avenue. A disadvantage of putting a two-way left turn lane is
that it will require the removal of the parking along the north side.
2. Two-wav left turn lane Second Avenue-Third Avenue: This alternative
recognizes the desire of the residents to retain parking between First
Avenue and Second Avenue. Therefore, no changes would be made to the
roadway striping for the 100 block of E Street.The disadvantage with
this alternative is that a two-way left turn lane is not provided where
it is most needed in the 100 block of E Street. For the peri od of
January 1, 1988 through December 4, 1991, there have been 16 reported
,;r4"'~
-..- -.--.--....---.---...--.-. --_...~_._----
Page 3, Item ,;J.(;
Meeting Date 1/21/92
midblock accidents in the 100 block of E Street. Twelve of these
accidents were rear end accidents (6 eastbound and 6 westbound). This
block has a sag vertical curve with centerline grades of -7.9% to +7.08%
over a vert i ca 1 curve of 300 feet. Vehicles attempting to turn left
across opposing traffic bring traffic behind them to a standstill,
sometimes causing rear-end accidents.
3. Rai sed aSDha lt medi an between Fi rst Avenue-Second Avenue and a two-wav
left turn lane between Second Avenue-Third Avenue:
This alternative is the same as alternative 2, two-way left turn lane
between Second Avenue to Third Avenue, but the addition of a two-foot
wide raised median from First Avenue to Second Avenue only. The
advantage of this alternative is that on-street parking between First
Avenue to Second Avenue would remain. Most residents are in favor of
retaining the parking in front of their residences. The raised asphalt
median would prohibit vehicles from stopping to make left turns.
4. Painted Center Median First Avenue-Third Avenue: It consists of a pair
of double yellow centerline stripes creating a four foot wide median.
This striping will be painted continuously from Third Avenue to First
Avenue with breaks at each intersection. The benefi t of this
alternative is that it would theoretically prohibit midblock left turns
which would then reduce rear-end accidents in midblock areas. This
alternative will retain the existing on-street parking. The
di sadvantage is that res idents can still make 1 eft turns at each mi nor
(unsignalized) intersection or illegally across the striping which would
still bring traffic to a standstill and thereby not reduce accidents at
those locations.
5. Painted Center Median Second Avenue-Minot Avenue: A narrow painted
median between Second Avenue east to the northerly extension of the 100
block of Minot Avenue would prohibit left turning maneuvers. This
alternative would not require the removal of on-street parking. The
cost for a 700 ft. painted median island is nominal and could be
performed by City forces. Illegal left turns would not be as prevalent
along the res ident i a 1 areas as compared to the commercial areas, since
area residents would adopt to the striping changes sooner. Commerc i a 1
users tend to be from outside of thi s area and, therefore, may attempt
the illegal left turn if their destination point is on the opposite side
of the street.
The roadway striping between Minot Avenue and First Avenue would remain
as it exists today wi th a sol id double yellow centerline strip and
on-street parking. The stri pi ng for E Street between Second Avenue and
Third Avenue would have the two-way left turn lane as requested by area
residents.
During the same 3.93 year period, there have been 10 reported accidents
between Second Avenue and Minot Avenue, 7 which were rear-end
accidents. Six of the seven rear end accidents involved eastbound
~1J·3
- --_.~-.-..~-,.__._-_..- ..-- -.-..,--.,....--.-..... --_._-~--
Page 4, Item .JIJ
Meeting Date 1/21/92
vehicles. The painted left turn barrier median would reduce the number
of accidents, especially since this portion of E Street is built as a
sag vert i ca 1 curve wi th the low point being mid-way between Second
Avenue and the northerly extension of the 100 block of Minot Avenue.
The sight distance in this area is reduced due to the sag vertical curve.
A review of our midblock accident history from January I, 1988 to December 4,
1991, a period of almost four years show 21 rear-end accidents out of 30 total
accidents (70%). The other acc i dents were broads i de, head-on or sideswipe
accidents. Of the 16 accidents which occurred between First Avenue to Second
Avenue, 12 were rear end accidents (75%). From Second Avenue to Third Avenue
14 accidents were reported, 9 were rear end accidents (64%). The proposed
installation of a continuous left-turn lane and a painted median is expected
to reduce the number of rear-end coll isions and improve traffic flow.
Following is a summary of both the midblock and intersection accidents:
E STREET
Accident History - 1/1/88 to 12/4/91
INTERSECTIONS
REAR END
HEAD ON E/W/N/S BROADS IDE OTHER TOTAL
First Avenue 0 0/2/0/0 3 0 5
Alpine-Minot Avenue 0 0/0/0/0 0 0 0
Minot Avenue 0 0/0/0/0 0 1 1
Second Avenue 5 2/0/1/0 21 8 37
Twin Oaks Avenue/Circle 0 0/2/0/0 2 0 4
Del Mar Avenue 0 0/1/0/0 0 0 1
Church Avenue 0 0/1/0/0 5 0 6
Third Avenue 1 2/1/2/0 ..J. ..J. !Z.
TOTAL 6 4/7/3/0EI4 34 12 66
SEGMENTS
REAR END
HEAD ON EAST/WEST BROADSIDE OTHER TOTAL
First to Alpine-Minot 0 0/4 0 0 4
Alpine-Minot to Minot 1 0/1 0 0 2
Minot to Second 0 6/1 2 1 10
Second to Twin Oaks 0 1/0 0 0 1
Twin Oaks to Del Mar 0 0/3 0 1 4
Del Mar to Church 1 0/0 0 3 4
Church to Third Q ill Q Q ~
TOTAL 6 9/12=21 2 5 30
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Page 5, Item ~()
Meeting Date 1/21/92
Due to the hardships to area residents caused by the removal of on-street
parking for the 100 block of E Street, staff recommends the alternate solution
of restri ct i ng 1 eft turns by the installation of a painted median between
Second Avenue and the 100 block of Minot Avenue, while retaining all of the
existing on-street parking. The existing roadway striping on E Street between
First Avenue and Minot Avenue would not change. Since there were no protests
from residents and commercial users within the block bounded .by Second Avenue
and Third Avenue, and since left turns are more frequent in this block, due to
commercial activity, staff recommends approval of the no parking zone along
the north side of the 200 block of E Street to allow for a two-way left turn
lane.
All area residents and businesses have been notified of tonight's City Council
meeting.
FISCAL IMPACT: Not applicable.
WPC 5744E/KV-157, KV-158
Attachments: Area Plat
E Street Striping Plan
Minutes Safety Commission dated 9-12-91
Minutes Town Centre Project Area
Committee dated 10-3-91
Traffic Count Information
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RESOLUTION NO. I" '3 ".3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE INSTALLATION OF A
PAINTED TRAFFIC MEDIAN ON E STREET BETWEEN
FIRST AVENUE AND SECOND AVENUE AND
ESTABLISHING A NO PARKING ZONE ALONG THE NORTH
SIDE OF E STREET BETWEEN SECOND AVENUE AND
THIRD AVENUE
WHEREAS, residents in the E Street-Second Avenue
neighborhood have requested the installation of a center two-way
left-turn lane on E Street between Second Avenue and Third Avenue
to improve traffic flow and safety; and
WHEREAS, in order to accomplish this, it is necessary to
prohibit parking on the north side of the 200 block of E Street;
and
WHEREAS, at its meeting on September 12, 1991, the Safety
Commission voted 5-1-1 to approve staff's recommendation to install
a two-way left turn lane on E Street between First Avenue and Third
Avenue and the Town Centre Project Area Committee meeting of
October 3, 1991, they voted 7-0 to concur with staff's
recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the installation of
a painted median island prohibiting left turns between First Avenue
and the 100 block of Minot and establishing a no parking zone along
the north side of E Street between Second Avenue and T ird Avenue.
Presented by "1 bYJ]
John P. Lippitt, Director of Bruce M. Boogaard, C·
Public Works Attorney
C:\RS\E 8t traffic median
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SAFETY COMMISSION MINUTES
r 1bunday, September 12, 1991 Council ChAmbers
7:00 p.m. Public Services BuDdin¡
1. ROLL CALL:
MEMBERS PRESENT: Chair Braden, Co-Cbair Thomas, Commissioners
Chidester, Koester, Matacia, Padilla, Pitts
2. APPROVAL OF MINUTFS:
MSC (Koester/Chidester) to approve Safety Comml~on MInutes of August 8, 1991
as presented. Approved ~2 with Chair Braden and. Comntlc.cloner Pitts
abstIl1nl,,&.
3. SPECIAL ORDERS OF THE DAY: None.
4. WRI1TEN CORRFSPONDENCE: None.
5. REPORT ON ADDmON OF TWO-WAY LEFI' TURN LANE FOR wEw STREET
BETWEEN FIRsT AND THIRD AVENUES.
Chair Braden told the Commission that there were citizens who wanted to respond to
staffs recommendation, but who could not attend the meeting. The fonowing was read
into the record by Chair Braden.
A¡ainst Staff Recommendation
Lena Martinez, 142 wEw Street, Chula Vista, CA 91910
Sherry AguUar, President Mission Gardens RomeoWDen AssocIation, 100 Block of
wEw Street, Chula Vista, CA 91910
In Favor of Staffs recommendation
Ralph and VeJma Alvine, 171 Twin Oaks Circle, Chula Vista, CA 91910
John Nerz, 145 Twin Oaks Circle, Chula Vista, CA 91910
Mrs. Dickinson, 187 Twin Oaks Circle, Chula Vista, CA 91910
Hal Rosenberg infonned Chair Braden that staff IeCeived a letter from Mr. Steven
ThomaS, who is ComlllÎssioner Thomas's brother. Commissioner Thomas said that he
would abstain from this item due to a possible conflict of interest with his brother.
Mr. Rivera reported that WE" Street is 64' wide and is a major east-west street. There
are two lanes striped for each direction. Tlaffic counts are approximately 17,720
vehicles per day. Since parking is allowed on both sides, there is no space for a two-
way left turn lane. On a street that does not allow parking, there would normally be a
left turn lane. Commissioners viewed the area plat which indicated the proposed new
striping which would add a center lane in the middle of the street. The curbside lane is
18' to 19' on the south and 14' on the north side which would have the parking
IeStriction. The plat also indic;lted the existing striping which has left turn pockets only
at First Avenue, Second Avenue, and Third Avenue. This presents problems to
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SAFETY COMMISSION
September 12, 1991 Minutes Page 2
motorists who live on the side streets such as Twin Oaks Circle, AlpinelMinot, Del Mar,
and Church Avenues, where when making their left turn across opposing traffic, cars
atack up behind them. There have been a number of rear end accidents on "E" Street.
¿
Prom 1988 to the present, there have been 90 IqJOrted accidents and 38%, or 34
accidents, were· rear end accidents. This is the type of accident which could be
eliminated with the addition of the left turn lane. A left turn lane would allow motorists
to pull out of the mainstream flow ~f traffic. Staff looked at the possibility of striping
this street with a continuous left turn lane and maintaining parking on both sides, but it
cannot accommodated. This is due to the width of the street. The next alternative was
to remove parking on one side. The north side, which is not as heavily used as the south
side in parking, was the better choice to make in eliminating the parking. Recently, "E"
Street was resurfaced by the Sweetwater Authority who was working on a major water
line project. There are temporary markers on the street now instead of the striping.
Commissioner Chidester asked if the traffic: count was done before or after the opening
of State Route 54. Mr. Rivera said that the traffic count was conducted after the opening
of SR-54. ~ere were approximately 20,000 - 22,000 vehicles before SR-54 opened and
now there are between 17,000 and 21,000 vehicles daily depending on which part of "E"
Street one is looking at. Counts have decreased between 10-15%.
Mr. Rosenberg indicated that staff expects the traffic on "E" Street to grow even with
the opening of SR-54. There are some development proposals in the Bayfront and
Woodlawn areas that will generate additional traffic. In ensuing ycms, traffic is expected
to come back to previous volumes. The estimated traffic is in the range of 25,000 -
30,000 cars per day. The goal of stafrs recommendation is to make the road safer and
accommodate more cars. An example of this 'striping plan is on "P" Street between
Third and Fourth Avenues where parking is removed on one side.
Murphy Stumpf, 114 "E" Street, Chula VISta, CA 91910
Mr. Stumpf said that since SR-54 opened, traffic was down on "E" Street and
southbound 1-5 from SR-54 is not even open yet. Mr. Stumpf felt the City was trying
to transform "E" Street into another freeway. He said "E" Street was a residential street
and suggested the City wait for the southbound 1-5 connector to be completed so people
could learn traffic patterns and use the freeways instead of "E" Street.
.
Lllurø GrøudusUus, 111 "E" Street, Chula VISta, CA 91910
Ms. Grauduslius conducted her own research since she received staff's letter. She
gathered data on how many cars parked on the north and south sides. The majority of
cars were parked in front of the Mission Garden Apartments and the semi-detached
apartments between Second and Third Avenues. She said there is adequate parking in
the Mission Garden parking lot to accommodate all the cars that were on the street: She
could find no reason why anybody should be parking on the south side of the street
outside the Mission Garden Apartments. From First Avenue to Second Avenue, there
were two cars parked in front of residential houses on the south side, and on the north
side there were six to eight cars parked in front of residential houses.
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SAFETY COMMISSION
September 12, 1991 Minutes Page 3
Ms. Graudslius's house bas a red curb in front of it because of a bus stop. The duplex
next door to her bas a red curb for a few feet, so her family, guests, and service people
who come to her home park in front of the duplex next to her. Ms. Graudslius felt that
there bad to be a way in which both residents and motorist could be winners.
William Kli41cJuzm'T, R,sid,nt MønlIg'To/eomplu tIl175 -8- Street, Qula Vista, Ca
91910
Mr. Klinkhamer read a letter of epposition to staff's recommendation from Mr. Steve
Thomas, Broker/Owner of SCT properties. See attachment.
FrønCeI Gu,st, 149 Twin Oøks Circk, Qula V'Lrto, CA 91910
When Mrs. Guest first inquired about the striping, she didn't expect First to Second
A venues to be involved. She knew the street was going to be resurfaced and wrote a
letter to the Engineering Department regarding adding a left turn lane. Mrs. Guest
explained to the Commission the trouble that motorists who live on Twin Oaks Circle
have in turning left out on to WEW Street as well as trying to turn left across WEW Street
when returnin~ to Twin Oak~ Circle. The timing of the lights make it difficult to safely
enter traffic.
Commissioner Chidester asked how many parking places are currently on the north side.
Staff indicated there are approximately 17 to 19 parking stalls between First and Third
A venues. Since the stalls are not marked, the number varies by the way cars are parked.
On the south side, there are approximately 2S to 30 spaces.
Chair Braden asked if the parking on the north side was eliminated, was there an
alternate place for motorists to park. Mr. Rivera said that they could add approximately
six more parking spaces on the south side. Chair Braden asked if the affected residents
bad their own driveway and Mr. Rivera said that most residents bad their own
driveways.
Commissioner Matacia asked Sgt. Schaefer how many accidents are not reported. Sgt.
Schaefer said that was a difficult question to answer. If an accident occurs and the
motorists involved do not desire a report and there is minor damage, it is not reported.
He feels more accidents have occurred than are reflected in the statistics. Mr. Rivera
said that of the reported accidents, 2/3 were injury accidents.
Commissioner Matacia said the injury/accident rate indicated that something needed to
be done.
MSC (MataclalKoester) to accept starrs recnmmendation lor the addition 01 a two-
way left turn lane on WE" Street between First and 1bird Avenues. Approved 5-1.0-
1 with Commlcdoner Chidester votfD¡ no and Cnmmlcdoner Thomas abstAining.
Chair Braden informed the audience that this item will go to the City Council and that
the Safety Commission's decision can be appealed there, if they wish. The citizens will
be notified by staff when this item will be on the Council agenda. Chair Braden granted
Idditional ~1ñl\g time to the fonowing people.
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~ SAFETY COMMISSION
September 12, 1991 Minutes Page 4
Ltulrø GlØlUluslius, 111 ·B" Sttwd, C/udQ Vüta, CA 91910
Ms. Grauduslius wanted to know where are the accidents occurred. Were they at First
Avenue and "E" Street or at Second Avenue and "E" Street? She was not aware of any
accidents at Fint Avenue and "E" Street but only at Second Avenue and "E" Street. She
indicated that resiðents living on Twin Oaks or ~ Mar have an alternative route using
"F" Street to let to their homes. The residents on "E" Street do DOt have alternate
routes. Mr. Rivera indialtM that there have been accidents at every mid-block location.
and eYtcy intersection along the way. There have been six at First Avenue and "E"
Street since 1988 where there is a left turn pocket. At Second Avenue and "E" Street
th= have been 36 accidents and there is a left turn pocket at that intersection also.
There have been 48 additionallœidents ocaming where there is DOt a left turn lane.
FrønCIS Gu,st, 149 Twin Oaks Cln:lI, C/udQ Vüta, CA 91910
Mrs. Guest Wanted to point out that there were DO residents from between Second and -'
Third Avenues on "E" Street to protest. Mrs. Guest felt the Commission should place
the left turn lane striping between Second and Third and discuss the rest of "E" Street
at a later date.
Commissioner Pitts requested a breakdown of accident locations. Mr. Rivera reported
the following statistics:
1) Fint Avenue" "E" Street - 6 accidents
2) Second Avenue" "E" Street - 36
3) Between First Avenue &. AlpinelMinot Avenue - 4
4) . Between AlpinelMinot Avenue" Minot Avenue - 2
5) Between Minot Avenue" Second Avenue - 10
6) Between Second Avenue" Twin Oaks Avenue - 1
7) Between Twin Oaks Avenue" Del Mar Avenue - 4
8) Between Del Mar Avenue" Church Avenue - 5
9) Between Church Avenue" Third Avenue - 5
It was pointed out that the distance between blocb is very short. It is 1,320 ft between
major streets and that would average out to approximately 400 between mid block streets.
.
,. ORAL COMMUNICATIONS
.'",1 Smilh, 144 BøsI Naples Co"" 1282, C7udD Vista, CA 91911
Mr. Smith is the neighborhood watch captain for his area and was .~Iesellting
approximately 2ÓO tell8Dts of the Sunbow Villa Apartment Complex. The complex is
located on East Naples Court which is a cul«-S8C ast of Medical Center Drive.
Mr. Smith wanted to address the problem of speeding and traffic control on Medical
Center Drive. Children in the area cross Medical Center Drive from the apartment to
East Naples Street, where IChool buses pick them up. Both elementary and high school
students are picked up in this area. Traffic study speeds were approximately 41 mph
between 2:30 - 3:00 p.m. . The speed increased to 44 mph from 3:00 - 3:25 p.m. and
also showed a 15" incIœse in traffic density. This is the time that children are crossing
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Minutes of the Town Centre Project Area Committee
October 3, 1991
Page 2
responded that the guarantee was not to the person who would be
hired; but, to the Downtown Business Association to assure them
that the funding is available for three years. The Downtown
Business Association would then decide upon a term for the
individual selected.
5. Status of Downtown illumination improvements
Community Development Specialist Miguel Tapia informed the
Committee that the Redevelopment Agency reviewed the Downtown
illumination project on September 24, and approved the resolution
to appropriate $36,000 for the installation of six lights on
Third Avenue between E and F Streets. He explained that the next
step would be to request Engineering Department to prepare the
design drawings and request bids for the installation of the
lights. He indicated that timing is very critical at this point,
therefore, every effort is being made to begin this project as
soon as possible so as not to interfere with the holiday shopping
season.
Member Ohlau commented that he felt that the City could have
brought the final bid much sooner and that the project could have
been well on its way by now.
PARKING BUSINESS
6" Potential removal of parking meters on 200 block of E Street
Frank Rivera, Associate Traffic Engineer, explained the reason
for the proposed removal of the meters on the north side of E
Street. Staff is proposing the removal of three meters on the
north side of E Street as well as a meter located on the south
side between Church Avenue and Del Mar for the purpose of
installing a two-way left turn lane. It is staff's opinion that
this would reduce the number of rear end accidents and also
contribute to the more efficient flow of traffic on E Street.
The loss of the parking meters ·would not adversely affect the
businesses on the north side of the street since they currently
have off-street parking.
Member Mason asked if the business owners had been contacted and
what their response was. Frank Rivera stated that the plumbing
store and the other businesses on the street as well as the
residents had been contacted. No comments were received from any
of the businesses in favor or against the removal of meters.
Ho~èver, the residents on Twin Oaks Circle (north of E Street)
~IJ"/~
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Minutes of the Town Centre Project Area Committee
October 3, 1991
Page 3
responded in favor of the two-way turn lanes. The residents
between First and Second Avenue were split 50/50.
Parking Operations Officer, Bob Baker, mentioned that the loss of
revenue from those meters would be insignificant.
vice Chairman Peter commented that he had talked to the owner of
the plumbing store who indicated he was in favor of staff's
recommendation.
MSUC (Ohlau/Blakely) to approve staff's recommendation for the
removal of three parking meters on the north side of E street in
front of the plumbing store and an additional parking meter on
the south side of of E street.
7. CHAIRMAN'S COMMENTS: None.
8. MEMBERS' COMMENTS:
Member Altbaum informed the Committee that the Downtown Business
Association had recently been contacted by the Jaycees and
informed the DBA that they were considering having their Fiesta
de la Luna parade on Third Avenue instead of Fourth Avenue. He
went on to state that yesterday the DBA had been informed by the
Jaycees that they are going before the City Council with a
request for a street closure in order to have the parade on Third
Avenue in about two weeks. Member Altbaum expressed his concern
that the Jaycees are going forth with their plans to have the
parade on Third Avenue on a Saturday. He stated that when the
Downtown Business Association held the fair in August they were
reluctant to hold the fair on a Saturday so as not to
inconvenience merchants. He feels that the Jaycees have not
given enough notice to merchants with regard to street closure on
a Saturday.
Discussion followed on the procedure for processing a request for
street closure. The Committee asked staff to look at the
existing ordinance for the procedure to request a street closure.
9. STAFF COMMENTS:
Ms. Rogers distributed more written communication concerning the
Scripps Hospital expansion to the Committee members. She
explained that Mr. Solomone, attorney for Wayne Wencke, stated in
a letter to Chairman Hyde that he had never received a notice for
the Town Centre Project Area Committee meeting of September 5 and
tha~ Mr. Wencke received it a day late. He further stated that
th~ meeting was illegally noticed and, therefore, should be held
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CHECKLIST FOR COUNCrr.. AGENDA STATEMENT
Meeting Date: ¡-¿;J./-"1¡;J-
ABBREVIATED ITEM TITLE: #!.E;$O¿UTIDft} ¡; STr¿.EéT ST/Z-J PIN f:r
CHANGES BliETw6EN "" ¡NOT AVE AN!) TI+/¡¿D AVSN )G;'
SUBMITTED BY: 'D/IZGC-"To¡Z. of pv8t-JL ¡,VO~I<-~
.~,
[Please circle appropriate answers]
1. EXTRAORDINARY VOTE REOUlREMENT G
- Does this item require a 4/5th vote? . Yes
2. ABSTENTIONS - Are you aware of any Council members who previously ® .
abstained from voting on item due to conflict of interest? Yes
If so, who?
3. INPUT FROM AND NOTIFICATION OF OTHER GROUPS/INDIVIDUALS - Please supply names of
all relevant groups/individuals, not listed below, in the spaces provided. For each group listed please
circle your answers to relp,vqnt questions.
B. If so, C. If so, is D. Will group be
A. Is item ' has group their input sent copy of fmal
of interest reviewed described A-113 before the
to eroup? item? in A-113? Council meetin~?
Boards/Commissions:
a. Commission on Aging ;J Y N . Y N* øN* ø:
b. SAFeIl C-OMM/5SIO áJ ® N* Y N*
c. Y N* Y N* Y N
d. Y N* Y N* Y N
e. Y N* Y N* Y N
f. Y N* Y N* Y N
Relevant City Deoartments: ¿5) N* CN0 21~v
a. Tt!/fFFrc- t3:!J61/UG6!2INCr-
b. Y N* N/A
, Y N* N/A N/A
c.
d. Y N* N/A N/A
e. Y N* N/A N/A
, Others:
a. Cham'>er of Commerce Y N Y N* Y N* Y N
. b. School District y N Y N* Y N* Y N
c. Y N* Y N* Y N
d. Y N* Y N* Y N
e. Y N* Y N* Y N
f. y N* Y N* Y N
[continued to otber side]
,),1}.. J'
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,
[continued from other side]
4. For any 'N·' circled above, please describe why not:
S. Contracts - If this item involves approving a contract:
Has it been reviewed and approved by the City Attorney's office? 0!y Yes No
Has the other party already signed the contract? (;;;;;) Yes No
6. Disclosure - If this action would be of financial benefit to specific
individuals (e.g., involves purchase of goods/services), is the ~
, Disclosure Statement attached? ~ Yes No
7. Liability - If this item involves a potential liability exposure to ~
the City, has it been reviewed and approved by the Risk Manager'? ~ Yes No
.
8. Environmental Review - If this item requires some level of
environmental review, has the Environmental Review Coordinator ~
been consulted? ~ Yes No
9. Exhibits and Attachments - Please indicate the number of each type of exhibit/attachment to the A-113
in the box provided (write or if Forthcoming rather than attached initially):
o Council Resolution D Ordinance D Agreement D Disclosure Statement
m Map/Plat/Locater/Elevation D Environmental Document D Attorney's Opinion
~
D Report(s):
D Previous A-1l3(s):
t ~ Board/Commission Resolution/Minutes: s"fA~""Ss"fM d..J"cL '(-Ia-91
70...... C...tr~ f'rojec-r Are,," c.."'nr;tt~ .d...te.J /0-3-'11
D Letters:
~ Other: - £ .s-b-=.+ 5+r"f¡~ PI...."
- í/-....fr(c COV>1t ::r",.(or"'''''-+I'~
(A113\OREENSRT.FRM]
~1)".,1t}
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MAILING LIST FOR E STREET RESTRIPING
AND PROPOSED PARKING REMOVAL
WPC 5757E . LABELS ON WPC 5758E
RES I DENT RESIDENT RESIDENT RESIDENT
105 First Avenue 1800 First Avenue 272 First Avenue 217 ALpine Avenue
Chule Vilu, CA 91910 Chule Vllte, CA 91910 Chule VilU, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
116 Flrlt Avenue 182 First Avenue 276 Flrlt Avenue 221 Alpine Avenue
Chula Viste, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 919.10 Chula Viata, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
119 Flrlt Avenue 194 First Avenue 280 Firat Avenue 224 AlpIne Avenue
Chule Viltl, CA 91910 Chula Vista, CA 91910 Chula Vist., CA 91910 Chula Vist., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
130 Flrlt Avenue 198 Firlt Avenue 286 Flrlt Avenue 225 Alpine Avenue
Chule Vllte, CA 91910 Chull Vista, CA , 91910 Chula Vista, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
134 Firat Avenue 202 First Avenue 290 Firat Avenue 227 Alpine Avenue
Chula Vilt., CA 91910 Chula Viata, CA 91910 Chula Vilta, CA 91910 Chula Yista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
144 Flrlt Avenue 208 Flrlt Avenue 110 Flrlt Avenue 228 Alpine Avenue .
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vilta, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
146 First Avenue 214 Firat Avenue '" First Avenue 233 Alpine Avenue
Chule Vllte, CA 91910 Chule VhU, CA 91910 ChuLe Vista, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
152 First Avenue 218 First Avenue 101 HFII Street 234 Alpine Avenue
Chule Vilte, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
158 first Avenue 222 First Avenue 163 Lensley Wey 238 AlpIne Avenue
ChuL. Vilt., CA 91910 Chula Vist., CA 91910 Chula Vista, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
162 FIrst Avenue 228 FIrst Avenue 167 Lensley Wey 239 Alpine Avenue
Chula Vista, CA 91910 Chule VilU, CA 91910 Chule Vllte, CA 91910 Chula Vilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
166 First Avenue 232 First Avenue 168 Lensley Wey 243 AlpIne Avenue
Chule Vllte, CA 91910 Chula Vist., CA 91910 Chule Vlsu, CA 91910 Chule VIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
168 First Avenue 238 First Avenue '73 Lans l ey Way 244 Alpine Avenue
Chula Vista, CA 91910 Chula Vi st., CA 91910 Chula Vista, CA 91910 Chule VIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
172 Flret Aven"e 242 First Avenue 178 Lensley Wey 247 AlpIne Avenue
Chula Viat., CA 91910 Chula Vist., CA 91910 Chula Vist., CA 91910 Chull Yllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
174 Flrlt Avenue 248 First Avenue 179 Lensley Wey 248 Alpine Avenue
Chule Viete, CA 91910 Chul. Vist., CA 91910 Chule Vllte, CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIOENT
176 Firat Avenue 252 Firat Avenue 185 Lenlley Wey 252 Alpine Avenue
Chula Vilt., CA 91910 Chula Viata, CA 91910 Chula Vi st., CA 91910 Chule Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
178 Flrlt Avenue 256 First Avenue 191 Lensley Wey 253 AlpIne Avenue
Chule VIIU, CA 91910 Chule Vllte, CA 91910 Chul. Vist., CA 91910 Chute Vllte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
180 Flrlt Avenue 260 FIrst Avenue 198 Lensley Wey 257 Alpine Avenue
Chule Yllte, CA 91910 Chula Vist., CA 91910 Chute Vllte, CA 91910 Chule VIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIOENT
180C Flrlt Avenue 266 First Avenue 215 Alpine Avenue 258 Alpine Avenue
Chule Vlete, CA 91910 Chul. Vist., CA 91910 Chul. Vist., CA 91910 Chule Vllte, CA 91910
.2"-~ J
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,
. ,
RESIDENT RESIDENT RESIDENT RESIDENT
261 Alpine Avenue 187 Minot Avenue 227 Mfnot Avenue 160 Minot Avenue
ChuLa Vista, CA 91910 Chula Vilta, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
RESIOENT RESIOENT RESIDENT RESIDENT
262 Alpine Avenue "5 Mfnot Avenue 139 Minot Avenue 252 Minot Avenue
Chule VI.U, CA 91910 Chule Vlate, CA 91910 Chul. Viste, CA 91910 Chul. VIste, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
267 Alpine Avenue 189 Minot Avenue 228 Minot Avenue 161 Minot Avenue
Chula Yista, CA 9191D Chula Viata, CA 91910 Chula Viata, CA 9191D Chula Viata, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
268 Alpine Avenue 118 Minot Avenue 143 Minot Avenue 253 Minot Avenue
Chull Yilt., CA 91910 Chula Vista, CA 91910 Chula Viata, CA 91910 Chul~ Viata, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
271 Alpine Avenue 192 Minot Avenue 233 Minot Avenue 164 Minot Avenue
Chule Vllte, CA 91910 Chule Vlate, CA 91910 Chule Vlau, CA 91910 Chul. VI.U, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
272 Alpine Avenue "9 Minot Avenue 143A Minot Avenue 257 Minot Avenue
Chule Vlau, CA 91910 Chule Vlau, CA 91910 Chule VI.te, CA 91910 Chule VIaU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
275 Alpine Avenue 193 Mfnot Avenue 234 Minot Avenue 165 Minot Avenue
Chula Vista, CA 91910 Chule Vlau, CA 91910 Chule VI.U, CA 91910 Chul. Vlate, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
278 Alpine Avenue 123 Minot Avenue 1438 Minot Avenue 258 Minot Avenue
Chula Vilt_, CA 91910 Chula Viata, CA 91910 Chula Vista, CA 91910 Chula Viat., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
279 Alpine Avenue 194 Mfnot Avenue 238 Minot Avenue 169 Minot Avenue
Chule Vist., CA 91910 Chule VI.to. CA 91910 Chul. Vi st., CA 91910 Chule Vhte, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
283 Alpine Avenue 124 Minot Avenue 144 Minot Avenue 261 Minot Avenue
Chul. Vi st., CA 91910 Chul. Vist., CA 91910 Chul. Vi st., CA 91910 Chul. Vilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
100 Minot Avenue 212 Minot Avenue 239 Minot Avenue 262 Minot Avenue
Chul. VIsto, CA 91910 Chul. Vhte, CA 91910 Chule VI.te, CA 91910 Chul. VI.to, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
171 Minot Avenue 124.5 Minot Avenue 151 Minot Avenue 267 Minot Avenue
Chule Vi.te, CA 91910 Chule Vhte, CA 91910 Chul. Vi.to, CA 91910 Chule Vhto, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
101 Minot Avenue 216 Minot Avenue 243 Minot Avenue 268 Minot Avenue
Chule Vi st., CA 91910 Chul. Vhte, CA 91910 Chula Vista, CA 91910 Chule VI.te, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
175 Minot Avenue 130 Minot Avenue 155 Minot Avenue 271 Minot Avenue
Chul. Vista, CA 91910 Chul. Viat., CA 91910 Chul. Vist., CA 91910 Chule Vi.te, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
105 Minot Avenue 134 Minot Avenue 244 Minot Avenue 272 Minot Avenue
Chule Vlste, CA 91910 Chule Vhto, CA 91910 Chule VI.to, CA 91910 Chul. Vhto, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
178 Minot Avenue 224 Mfnot Avenue 156 Mfnot Avenue 275 Minot Avenue
Chule Vhto, CA 91910 Chule Vhte, CA 91910 Chule VI.to, CA 91910 Chule Vlste, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
110 Minot Avenue 135 Minot Avenue 247 Mfnot Avenue 278 Minot Avenue
Chul. Viat., CA 91910 Chule Vhte, CA 91910 Chula Vista, CA 91910 Chule VI.to, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
184 Minot Avenue 225 Minot Avenue 158 Minot Avenue 282 Minot Avenue
Chule Vhto. CA 91910 Chule VI.to, CA 91910 Chule VI.ta, CA 91910 Chule VI.te, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
111 Minot Avenue 138 Minot Avenue 248 Minot Avenue 290 Minot Avenue
Chule Vhte, CA 91910 Chule VI.te, CA 91910 Chule Vhta, CA 91910 Chule Visu, CA 91910
.,J,....J~
""'.---^-.--.-----"-. _'_m_".'._ .. "______._ ___.._""_.,,__._,,_______
.
, . ,
RESIDENT RESIDENT RESIDENT RESIDENT
143 LI. Flore. Drive 264 LI. Flore. Drive 16D Montebell Street 217 Church Avenue
Chull vlnl, CA 91910 Chull VlsU. CA 91910 Chula Yilta, CA 91910 Chula Yilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
143A L.. Flor.. Drive 271 La. Flores Drive 162 Montebell Street 219 Church Avenue
Chulo VlaU, CA 91910 Chula Vilta, CA 91910 Chula Vista, CA 91910 Chula Vilta, CA 9191D
RESIDENT RESIDENT RESIDENT RESIDENT
1438 La. Flores Drive 272 La. Florea Drive 166 Montebell Street 220 Church Avenue
Chulo VlaU, CA 91910 Chula Vista, CA 91910 Chula Yista, CA 91910 Chull VisU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
161 LIS Flore. Drive 275 LIS Flores Drive 171 Montebell Street 221 Church Avenue
Chull Vlnl, CA 91910 Chula Viata, CA 91910 Chula Viata, CA 91910 Chulo Vlau, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
163 LIS Floros Drive 237 El. Avenue 172 Montebell Street 222 Church Avonue
Chull Vlnl, CA 91910 Chull Vlau, CA 91910 Chula Vista, CA 91910 Chull Visu, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
166 LIs Flore. Drive 242 El. Avenue 176 Montebell Street 226 Church Avonue
Chull Vlatl, CA 91910 Chull Vlau, CA 91910 Chull Vlau, CA 91910 Chull Vlatl, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
170 Ls. Flore. Drive 243 £l. Avenue 182 Montebell Street 227 Church Avenue
Chuls Vlato, CA 91910 Chulo Visto, CA 91910 Chula Vilta, CA 91910 Chulo Vlau, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
174 La. FLorea Drive 247 El. Avenue 186 Montebell Street 230 Church Avonue
Chulo Vlau, CA 91910 Chulo Vlau, CA 91910 Chula Viata, CA 9191D Chulo VlsU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
191 La. Flore. Drive 248 El. Avenue 189 Montebell Street 231 Church AVenue
Chula Yilta, CA 91910 Chula Yilt_, CA 91910 Chula Vi st., CA 91910 Chule Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
193 La. FLores Drive 252 El. Avenue 194 Montebell Street 233 Church Avenue
Chula Yllta, CA 91910 Chula Vilta, CA 91910 Chula Vista, CA 91910 Chulo Vlato, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
195 Los Flores Drive 255 El.. Avenue 195 Montebell Street 237 Church Avonul
Chulo VI.U, CA 91910 Chulo Vlsto, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
238 Lo. Flores Drive 256 El.. Avenue 203 Church Avenue 238 Church Avenue
Chull VisU, CA 91910 Chulo Vlato, CA 91910 Chull Vista, CA 91910 Chula VIsU, CA 9191D
RESIDENT RESIDENT RESIDENT RESIDENT
243 Lo. Flore. Drive 261 El. Avenue 205 Church Avenue 245 Church Avenue
Chula Vilta, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vilta, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
244 Las Flores Drive 262 El.. Avenue 207 Church Avenue 247 Church Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vilta, CA 91910 Chula Vlsto, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
247 Las Flore. Drive 271 El.. Avenue 209 Church Avenue 249 Church Avenua
Chull Vlstl, CA 91910 Chula Vllto, CA 91910 Chula Vista, CA 91910 Chull Vlsto, CA 91910
RESIDENT RES I DENT RESIDENT RESIDENT
248 Los Flores Drive 272 EI. Avenue 211 Church Avenue 253 Church Avonue
Chulo Vista, CA 91910 Chula Yilta, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
252 LI. Flore. Drive 274 El. Avenue 212 Church Avenue 255 Church Avenua
Chula Vista, CA 91910 Chula Vi.to, CA 91910 Chula Vilta, CA 91910 Chula Viet., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT'
255 La. Flore. Drive 275 El. Avenue 213 Church Avenue 257 Church Avanue
Chula Vista, CA 91910 Chull Visto, CA 91910 Chula Vista, CA 91910 Chula Vlsto, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
263 Ls. Flore. Drive 158 Montebell Straet 215 Church Avenue 259 Church Avanua
Chull Vlsu, CA 91910 Chula Vlsu, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
~1J·~3
u"______ . -.-. -."-<..----- ------~ -,---_.
,
,
RESIDENT RESIDENT RESIDENT RESIDENT
261 Church Avenue 128 Second Avenue 172 Second Avenue 225 Second Avenue
Chule ~Ilte, CA 91910 Chull Viate, CA 91910 Chull Vista, CA 91910 Chul. Vilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
262 Church Avenue 129 Second Avenue 175 Second Avenue 226 Second Avenue
Chule Vista, CA 91910 Chule YlsU, CA 91910 ChuLI Vista, CA 91910 Chull Viata, CA. 91910
RESIDENT RESIDENT RESIDENT RESIDENT
263 Church Avenue 132 Second Avenue 176 Second Avenue 232 Second Avenue
Chule Ylste, CA 91910 Chule Yiste, CA 91910 Chule Viata, CA 91910 Chule Yiste, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
264 Church Avenue 135 Second Avenue 179 Second Avenue 238 Second Avenue
Chule Yllte, CA 91910 Chull Yilt., CA 91910 Chull Viata, CA 91910 Chule Viate, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
266 Church Avenue 138 Second Avenue 180 Second Avenue 244 Second Avenue
Chule Yhu, CA 91910 Chule Yllte, CA 91910 Chul. Yiste, CA 91910 Chule Yisu, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
267 Church Avenue 141 Second Avenue 181 Second Avenue 247 Second Avenue
Chule Ylst., CA 91910 Chule Yllte, CA 9191D Chull Viatl, CA 91910 Chut. Ylst., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
268 Church Avenue 145 Second Avenue . 183 Second Avenue 253 Second Avenue
Chule Yilte, CA 91910 Chul. Yist., CA 91910 Chut. Vi st., CA 91910 Chut. Yisu, CA 91910
RESIOENT RESIDENT RESIDENT RESIDENT
270 Church Avenue 149 Second Avenue 185 Second Avenue 258 Second Avenue
Chule Vilta, CA 91910 Chula Vilt., CA 91910 Chul. Yist., CA 91910 Chula Yiate, CA 91910
RESIOENT RESIOENT RESIDENT RESIDENT
271 Church Avenue 151 Second Avenue 186 Second Avenue 261 Second Avenue
Chula Ybta, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Ybta, CA 91910
RESIDENT RESIDENT RESIDENT RESIOENT
272 Church Avenue 152 Second Avenue 191 Second Avenue 262 Second Avenue
Chul. Vista, CA 91910 Chul. Yista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910
RESIDENT RESlOENT RESIDENT RESIOENT
273 Church Avenue 155 Second Avenue 199 Second Avenue 264 Second Avenue
Chul. Yista, CA 91910 Chul. Yist., CA 91910 Chul. Yist., CA 91910 Chula Vbta, CA 91910
RESIOENT RESIOENT RESIDENT RESIDENT
276 Church Avenue 156 Second Avenue 209 Second Avenue 266 Second Avenue
Chul. Yisu, CA 91910 Chul. YIst., CA 91910 Chull Yilta, CA 91910 Chul. Ylsta, CA 91910
RESIDENT RESIOENT RESIDENT RESIOENT
277 Church Avenue 157 Second Avenue 210 Second Avenue 271 Second Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vi Ita, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
289 Church Avenue 159 Second Avenue 213 Second Avenue 272 Second Avenue
Chul. Yist., CA 91910 Chul. Ylst., CA 91910 Chul. Yist., CA 91910 Chul. Yist., CA 91910
RESlOENT RESIDENT RESIOENT RESIOENT
289A Church Avenue 160 Second Avenue 216 Second Avenue 276 Second Avenue
Chul. Yist., CA 91910 Chul. Yista, CA 91910 Chul. YIst., CA 91910 Chul. Yilt., CA 91910
RESIDENT RESIOENT RESlOENT RESlOENT
101 Second Avenue 164 Second Avenue 211 Second Avenue 280 Second Avenue
Chul. Yilta, CA 91910 Chul. Yist., CA 91910 Chul. Yist., CA 91910 Chul. Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
105 Second Avenue 165 Second Avenue 219 Second Avenue 287 Second Avenue
Chul. Yista, CA 91910 Chul. Ylsta, CA 91910 Chula Vilt., CA 91910 Chul. Yisu, CA 91910
RESIOENT RESIDENT RESIDENT RESIOENT
121 Second Avenue 167 Second Avenue 220 Second Avenue 290 Second Avenue
Chul. Yist., CA 91910 Chul. Yist., CA 91910 Chul. Yista, CA 91910 Chul. Ylst., CA 91910
RESIOENT RESIDENT RESIDENT RESIDENT
123 Second Avenue 168 Second Avenue 221 Second Avenue 293 Second Avenue
Chul. Ylst., CA 91910 Chul. YI.t., CA 91910 Chula Vista, CA 91910 Chul. Yista, CA 91910
.J~.~'I
-.-"....--...----..-.-. .-..._--~---_..,."._-_..."---~---,---_..__.._._--
.
0 . ..
RESIDENT RESIDENT RESIDENT RESIDENT
294 Second Avenue 157 Twin O.k. Circle 228 Twin O.k. Avenue 274 Twin O.k. Avenue
Chul. YIIU, CA 91910 Chul. Yilt.. CA 91910 Chul. Yilt., CA 91910 Chul. YIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
298 Second Avenue 158 Twin oat. Circle 229 Twin Oats Avenue 215 Twin o.t, Avenue
Chula Yilta, CA 9191D Chula Vista, CA 9191D Chula Yilte, CA 9191D Chula Yhta, CA 9191D
RESIDENT RESIDENT RESIDENT RESIDENT
127 Twin O.k. Clrcl. 161 Twin O.k. Circle 230 Twin O.k. Avenue 279 Twin O.k. Avenue
Chule Ylu., CA 91910 Chule Yilt., CA 91910 Chule YI.u, CA 91910 Chul. YhU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
128 Twin o.k. Circle 165 Twin O.k. Circle 234 Twin Oaks Avenue 280 Twin Oaka Avenue
Chul. Yilt.. CA 91910 Chul. Yht., CA 91910 Chul. YI.t., CA 91910 Chul. YIIU, CA 91910
RESIDEIT RESIDENT RESIDENT RESIDENT
129 Twin O.k. Circle 167 Twin O.k. Circle 236 Twin Oaks Avenue 283 Twin Oakl Avenue
Chula Yilt., CA 91910 Chula Vlata, CA 9191D Chula Yilt., CA 91910 Chula Yilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
130 Twin O.k. Circle 171 Twin o.k. Clrcl. 237 Twin O.k. Avenue 284 Twin O.k. Avenu.
chula Yilta, CA 91910 Chula Vilta, CA 91910 Chula Vista, CA 91910 Chula Yilta, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
131 Twin O.k. Circle 175 Twin O.k. Circle 238 Twin O.k. Avenue 287 Twin O.k. Av.nue
Chul. Yht., CA 91910 Chul. YI.t., CA 91910 Chul. Yilt., CA 91910 C.hul. YIIU, CA 91910 "
RESIDENT RESIDENT RESIDENT RESIDENT
132 Twin O.k. Circle 181 Twin O.k. Circle 240 Twin O.k. Avenue 288 Twin O.k. Avenue
Chul. YI.u, CA 91910 Chul. YIIU, CA 91910 Chul. YIIU, CA 91910 Chul. Ylu., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
134 Twin O.k. Circle 187 Twin O.k. Circle 241 Twin Oak. Avenue 207 Del Mar Avenue
Chull Yista, CA 91910 Chula Yilta, CA 91910 Chula Vista, CA 91910 Chul. Yilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
136 Twin O.k. Circle 191 Twin O.k. Circle 242 Twin Oats Avenue 207 Del Mar Avenue
Chula vista, CA 91910 Chula Yista, CA 91910 Chula Vista, CA 91910 Chul. Yilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
138 Twin O.k. Circle 197 Twin O.k. Circle 249 Twin Oaks Avenue 208 Del M.r Avenue
Chul. Yilt., CA 91910 Chul. Yilu. CA 91910 Chul. YI.t., CA 91910 Chul. YI.U, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
140 Twin O.ks Circle 201·A Twin Olks Avenue 254 Twin Oaks Avenue 209 Del Mar Avenue
Chul. Vilt., CA 91910 Chul. Yilt., CA 91910 Chul. Vista, CA 91910 Chule Vista, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
142 Twin O.k. Circle 201-8 Twin Oaks Avenue 261 Twin Oaks Avenue 210 Del M.r Avenue
Chul. Yilto, CA 91910 Chule Vist., CA 91910 Chula Vista, CA 91910 Chul. Ylst., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
144 Twin O.ks Circle 201-C Twin O.k. Avenue 265 Twin Oaks Avenue 211 Oel M.r Avenue
Chul. YI.U. CA 91910 Chul. Yilt.. CA 91910 Chul. YI.t.. CA 91910 Chul. Ylu.. CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
145 Twin o.ks Circle 201-D Twin O.k. Avenue 266 Twin O.ks Avenue 213 Oel M.r Avenue
Chul. YI.t., CA 91910 Chul. Yilt.. CA 91910 Chul. Yilt., CA 91910 Chul. Yi.to. CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
149 Twin O.k. Circle 201'E Twin O.k. Avenue 267 Twin Oaks Avenue 215 Oel M.r Avenue
Chul. Yilt., CA 91910 Chul. Yilt.. CA 91910 Chula Vista, CA 91910 Chuta Vilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
150 Twin O.ks Circle 2DI" Twin O.k. Avenue 268 Twin O.k. Avenue 216 Oel M.r Avenue
Chul. YI.u, CA 91910 Chul. Yilto, CA 91910 Chul. Yilt., CA 91910 Chul. Yilt., CA 91910.
RESIDENT RESIDENT RESIDENT RESIDENT
153 Twin O.k. Circle 201'G Twin O.k. Avenue 270 Twin O.k. Avenue 217 Del M.r Av.nue
Chul. YI.to, CA 91910 Chul. YI.to, CA 91910 Chut. Vista, CA 91910 Chul. Yilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIOENT
154 Twin O.ks Circle 201'H TwIn O.ks Avenue 273 Twin O.k. Avenue 218 Del M.r Av.nu.
Chul. Yilt., CA 91910 Chul. YI.to, CA 91910 Chule Yi.to, CA 91910 Chul. YI.to, CA 91910
.2'-~F
-----"._------_.~------ -- ----
.
. , . .
RESIDENT RESIDENT RESIDENT RESIDENT
219 Del Mlr Avenue 268 Del Mlr AVlnue 111 "E" Street 210 "E" Street
Chula Vlata, CA 91910 Chule Viata, CA 91910 Chula Vista, CA 91910 Chula Viata, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
221 Del Mar Avenue 270 Del Mar Avenue ',4 "E" Street 226 "Ell Str.et
thull VIIU. tA 91910 Chull Vlltl, tA 91910 thull Vlato, CA 91910 thull VIIU, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
224 Del Mar Avenue 271 Del Mar Avenue 117 "e" Street 228 "Ell Street
thull Vlau, tA 91910 Chull Vlatl, CA 91910 thulo VI.u, tA 91910 thulo VlaU, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
227 Del Mor Avenue 272 Oil Mor Avenue 119 "E" Str.et 229 "E" Street
Chull Vlatl, tA 91910 thulo Vlau, CA 91910 Chula Vilta, CA 91910 thull Vlato, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
230 Del Mlr Avenue 274 Del Mlr Avenuo 120 "e" Street 230 "E" Street
Chule Viat., CA 91910 Chull Vlato, tA 91910 Chula Vi Ita, CA 91910 Chull Vlau, CA 91910
RESIDENT RES I DENT RESIDENT RESIDENT
233 Dol Mlr Avenue 275 Del Mlr Avenue 124 "E" Street 232 "E" Stroet
thull Vlatl, tA 91910 Chull VIIU, tA 91910 thull Vlato, tA 91910 thull Vlatl, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
236 DeL Mar Avenue 279 Del Mor Avenuo 141 liE" Street 234 "E" Street
Chula Viata, CA 91910 thull Vlato, CA 91910 Chula Vista, CA 91910 thull Vlltl, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
237 Dol Mlr Avenue 283 Del Mlr Avenue 138 IIEH Street 236 "E" Street
Chula Yilt_, CA 91910 Chull VIIU, tA 91910 thull Vlato, tA 91910 Chula Vilt., CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
238 Del Mor Avenue 287 Del Mlr Avenue 142 "Ell Street 238 "E" Stroot
thull Vllto, CA 91910 Chull Vlatl, CA 91910 Chula Yiata, CA 91910 thull VIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
242 Del Mar Avenue 288 Del Mer Avenue 146 liE" Street 240 ME" Str..t
thull Vlatl, tA 91910 Chull VIIU, tA 91910 Chula Vista, CA 91910 thull VIIU, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
248 Del Mer Avenue 290 Del Mlr Avenue 153 "E" Street 241 "E" Street
Chull Vllto, tA 91910 Chulo Vlau, CA 91910 Chula Viata, CA 91910 thull VlltO, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
249 Del Mor Avenue 168 "D" Street 159 "Ell Street 242 "E" Street
thull Vlatl, tA 91910 Chull Vlltl, tA 91910 thull VIoU, tA 91910 thull Vlltl, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
256 Del Mor Avenue 172 "D" Street 167 "E" Street 244 "E" Street
thull Vllto, tA 91910 thull Vlatl, tA 91910 Chula Vista, CA 91910 thull Vlatl, tA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
261 Del Mlr Avenue 174 "0" Street 185 "EN Street 249 "E" Streot
thull Vllto, CA 91910 Chull Vllto, tA 91910 Chula Vista, CA 91910 Chulo Vllto, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
262 Del Mlr Avenue 176 "0" Street 176 "E" Street 255 "E" Stroet
thull Vlatl, tA 91910 Chull Vlato, tA 91910 Chull Vlato, CA 91910 thull Vllto, tA 91910
RESIDENT RESIDENT RESI DENT RESIDENT
263 Del Mar Avenue 182 "D· Street 182 "E" Street 264 "E" Street
thull Vllto, tA 91910 Chull Vlato, tA 91910 thull VI Ito, tA 91910 thull Vllto, CA 91910
RESIDENT RESI DENT RESIDENT RESIDENT
264 Del Mlr Avenue 190 "D" Stroet 163 "e" Street 265 "E" Stroet
Chull Vlato, tA 91910 Chull Vlatl, CA 91910 Chula Vista, CA 91910 thull Vlatl, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
265 Dol Mor Avenue 109 "E" Street 181 "E" Street 275 "E" Street
thull Vlltl, tA 91910 thull Vlltl, CA 91910 thull Vlato, tA 91910 Chull Vlatl, CA 91910
RESIDENT RESIDENT RESIDENT RESIDENT
267 Del Mlr Avenue 110 "E" Street 203 NEN Street 280 "e" Stre.t
thull Viatl, CA 91910 thull Vlatl, tA 91910 Chula Vista, CA 91910 thull Vlatl, tA 9191D
.J11-.l #Þ
....--.- -. . --..--.. ....._-'".,--_._---~-
,
" I ,
RESIDENT RESIDENT RESIDENT
285 "E" Street 148 "E" Street, [82] 238 Devidson Street
Chule Vlsu, CA 91910 Chule Vlsu, CA 91910 Chule VI st., CA 91910
RESIDENT RESIDENT RESIDENT
295 -E" Street 160 -E" Street, lCU 239 Davidson Street
Chule Viata, CA 91910 ChuLa Viata, CA 91910 Chula Viat., CA 91910
RESIDENT RESIDENT RESIDENT
175 "E" Street, [Nngr.] 160 "E" Street, [C2] 248 Devidson Street
Chule VIsU, CA 91910 Chule Yist., CA 91910 Chula Vlata, CA 91910
RESIDENT RESIDENT RESIDENT
150 "E" Street, [AI] 160 "E" Street, [C3j 256 O.vldson Street
Chule VIsU, CA 91910 Chul. Vilte, CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT RESIDENT
150 IIEII Str..t, tA2] 160 "EII Street, It4] 258 Davidson Street
Chule Vilte, CA 91910 Chul. Vlsu, CA 91910 Chul. Vist., CA 91910
RESIDENT RESIDENT RESIDENT
1S0 IIEII Street, [A3] 160 "E" Street, IC5] 260 Davidlon Street
Chul. Vlste, CA 91910 Chule Viata, CA 91910 Chula Vista, CA 91910
RESIOENT RESIDENT RESIDENT
150 IIEII Street, lA4] 160 "E" Street, IC6] 262 Davidson Street .
Chula Vista, CA 91910 Chul. Vlst., CA 91910 Chula Vista, CA 91910
RESIOENT RESIDENT
150 "E" Street, [A5] 160 "E" Street, [C7]
Chula Yllta, CA 91910 Chula Viat., CA 91910
RESIDENT RESIDENT
150 "E" Street, [A6] 160 "E" Street, [C8]
Chule VIIte, CA 91910 Chul. VI sU, CA 91910
RESIDENT RESIDENT
150 IIEII Street, [AT] 170 "E" Street, [D2]
Chula Viata, CA 91910 Chul. VIst., CA 91910
RESIDENT RESIDENT
170 "E" Street, [03] 210 Devldson Street
Chul. VisU, CA 91910 Chul. Vlste, CA 91910
RESIDENT RESIDENT
170 "E" Street, [D4] 211 D.vidson Street
Chule Vilt_, CA 91910 Chula Viata, CA 91910
RESIDENT RESIDENT
170 "E" Street, [D5] 215 Davidson Street
Chul. Vlst., CA 91910 Chula Vista, CA 91910
RESIDENT RESIDENT
170 "E" Street, [D6] 216 D.vidson Street
Chule Vi st., CA 91910 Chule Vlsu, CA 91910
RESIDENT RESIDENT
170 "E" Street, 107] 218 D.vidson Street
Chul. Vlsu, CA 91910 Chula Vilt_, CA 91910
RESIDENT RESIDENT
170 "E" Street, ID8] 220 D.vidson Street
Chule VIsU, CA 91910 Chule Vlsu, CA 91910
RESIDENT RESIDENT
170 "E" Street, [09] 231 Davidson Street
Chule Vilt., CA 91910 Chul. Vilt., CA 91910
RESIDENT RESIOENT
170 "E" Street, [D10] 234 Devldson Street
Chule Visu, CA 91910 Chule VlsU, CA 91910
RESIDENT RESIDENT
148 "E" Street, 1811 235 D.vldson Street
Chul. VIsU, CA 91910 Chul. VIst., CA 91910
..;J.()-~7
_~.._,_.__, __ "__"'. ____.,._.__"_._~_ _ _ ______~_h·___