HomeMy WebLinkAboutAgenda Packet 1992/02/04
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:,. . C''o J 3/,5;J. 'i:" -g-<:::::?~~.. Council Chambers
Tuesday, February 4, 1992 __ _ _..··.··H
4:00 p.m. Public Services Building
Resrular Meetinsr of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Grasser Horton _, Malcolm -' Moore _, Rindone _, and Mayor
Nader -
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: October 23, 1991
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by State 'Senator Wadie P. Deddeh regarding the placement of a measure on
the ballot regarding Twin Ports.
b. Proclamations commending Matthew Janus of Mar VISta High School and Geanna Suter of
Bonita Vista High School for achieving the "Voice of Democracy" first place awards.
c. Oath of Office - Growth Management Oversight Commission: Hugh Christensen, Steven Jay
Hann, Will T. Hyde, Nancy L. Palmer, Charles G. Peter, and Frank A. Tarantino.
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendtu will be enacted by the
Council by one motion without discussion unless a Counci1member, a member of the publú: or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items and Boards and
Commission Recommendations. Items pulled by the publil: will be the first items of business.
5. WRITI'EN COMMUNlCATIONS:
a. Letter requesting approval of a Resolution supporting a Committee to Enact A Patriotic
Alternative to Commercial Takeover of American Aircraft Production and Maintenance -
William Hickey, Sr., San Diego Area Director, PAC.T., 4150 KearnyMesa Road, San Diego,
CA 92111.
b. Letter of concern regarding Redevelopment Agency owned 14 acre parcel adjacent to KOA
and the closure of Twin Palms Trailer Park - Robert Scott, Post Office Box 847, Bonita, CA
92002.
.. ,..--.----.-----.--
Agenda -2- February 4, 1992
6. ORDINANCE 2491 AMENDING SECTIONS 19.34.030 AND 19.58.060 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW AlITOMATED DRIVE-THROUGH CAR
WASHES IN CoN NEIGHBORHOOD COMMERCIAL ZONES SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT (second readinS[ and
adoption) (Director of Planning)
7. ORDINANCE 2492 ADDING CHAPTER 8.25 TO THE MUNICIPAL CODE AND RENUMBERING
SECTION 8.24.195 RELATING TO MANDATORY RECYCUNG (second
readinS!: and adoption) (Administration)
8. RESOLUTION 16487 APPROVING SECOND AMENDMENT AND NOVATION TO CONJ'RACT TO
PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE
CHULA VISTA VISITOR INFORMATION CENTER - Urban Convenience
Corporation (UCC) has been operating the Chula Vista Visitor Information
Center at the Bayfront/"E' Street Trolley Station since 10/1/90. UCC
indicated to the city the company's desire to assign or terminate the
current contract and has facilitated discussions between city staff and the
Kobey Corporation. Kobey has a contract to develop concessions and
transit information at the stations in the San Diego Trolley System and has
agreed to assume the current Visitor Center agreement. Staff recommends
approval of the resolution. (Deputy City Manager Thomson)
9. RESOLUTION 16467 TO APPROVE THE MIDBAYFRONT CONCEPTUAL DEVELOPMENT PLAN
(CHULA VISTA PLAN) WITH MODIFICATIONS, MAKING FINDINGS OF
FACT RELATING TO THE FEASlBIUTY OF MITIGATION MONITORING
PROGRAM, AND A STATEMENT OF OVERRIDING CONSIDERATIONS·
Staff recommends approval of the resolution. (Director of Community
Development)
10. RESOLUTION 16488 AMENDING FISCAL YEAR 1991-92 BUDGET PROVIDING FOR A UABlUTY
TRUST FUND APPROPRIATION TO THE GENERAL lJABlUTY INSURANCE
ACCOUNT - Due to the settlement, through mediation, of the Annette
White vs. City of Chula Vista lawsuit, an appropriation of $150,000 is
needed. Staff recommends approval of the resolution. (Director of
Personnel) 4/Sth's vote required.
11. RESOLUTION 16489 APPROVING THE CLOSURE OF LAGOON DRIVE FOR A FOUR MONTH
PERIOD - Rohr Industries is requesting the street closure to allow
equipment and excavation operations for the consttuction of a full width
street and public improvements within Lagoon Drive right-of·way between
the SDG&E right·of-way and "F" to "G" Street marshlands. Staff
recommends approval of the resolution. (Director of Public Works)
"-- "_.._-~..- .........-_......"-- -----
Agenda ·3· February 4, 1992
12. RESOLUTION 15975 AMENDING THE AMENDED ACQillsmONIFINANCINGAGREEMENT AND
APPROVING AMENDMENTS TO CONSULTANT AGREEMENTS WITH
WILLDAN ASSOCIATES AND THOMAS O. MEADE FOR THE EASTLAKE
GREENS ASSESSMENT DISTRICT NUMBER 90-3 AND AlffiIORIZlNG THE
MAYOR TO EXECIITE SAID AMENDMENTS . On 1/22/91, Council
established the EastLake Greens Assessment District No. 90-3 and levied
assessments in the amount of $24,185,852. In July, 1991, the assessed
amount was reduced to $22,352,427 as a result of reduced construction
costs, and assessment district bonds were issued in that amount.
Construction of the improvements which are the subject of the assessment
district are nearing completion, and it is projected that the major street
component of the district will be significantly below original estimates. It
is proposed, therefore, that additional major street improvements be added
to the acquisition/financing agreement and the assessment district to make
up the cost shortfall. Staff recommends approval of the resolution.
(Director of Public Works)
13. RESOLUTION 16490 AMENDING CONTRACT WITH ROBERT BElN, WILLIAM FROST AND
ASSOCIATES, INCORPORATED IN CONNECTION WITH THE
IMPROVEMENT OF BROADWAY BETWEEN "I." STREET AND NAPLES
STREET IN THE CITY OF CHULA VISTA - On 12/20/90, Council approved
an agreement with Robert Bein, William Frost and Associates for design
engineering services for Broadway improvements between "L" Street and
Naples Street. During project review, both staff and consultants discovered
that the existing drainage system between "L' Street and Naples Street is
severely undersized. Resolving this deficiency will require an additional
1,200 linear feet of underground storm drain. The location of this system
necessitates that it should be designed and constructed in conjunction with
the reconstruction of Broadway from 'L" Street to Naples Street. Staff
recommends approval of the resolution. (Director of Public Works)
14, RESOLUTION 16491 AMENDING 1991-92 BUDGET TO UPGRADE ONE ADMINISTRATIVE
OFFICE ASSISTANT II POSmON TO ADMINISTRATIVE OFFICE
ASSISTANT III IN PUBIJC WORKS DEPARTMENT - ENGINEERING - The
duties and responsibilities of the Administrative Office Assistant II position
in the Public Works Department - Engineering office have changed to
require the skill level of an Administrative Office Assistant III to adequately
meet the needs of the job. Personnel has reviewed the position and
concurs with the recommendation for reclassification. Staff recommends
approval of the resolution. (Director of Public Works) 4/5th's vote
required.
* * END OF CONSENT CALENDAR * *
,~ .. - ,.-----.---- - ------,--~,--
Agenda ·4· February 4, 1992
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publú: hearin&, as required by-law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL
15. PUBUC HEARING GPA-91-5/PCZ-OI-G CITY INITIATED PROPOSAL TO AMEND THE
GENERAL PLAN AND REZONE CERTAIN TERRITORY, GENERALLY
BOUNDED BY "E" STREET, "0" STREET, THIRD AVENUE, AND LANDIS
AVENUE, TO RESOLVE GENERAL PLAN AND ZONING INCONSISTENCIES
WITHIN THE CENTRAL CJ-JULA VISTA COMMUNITY· City initiated
proposal to amend the General Plan and rezone certain territory, generally
bounded by "E" Street, "D" Street, Third Avenue and Landis Avenue, to
resolve general plan and zoning inconsistencies within the central Chula
Vista community, Staff recommends Council 1) take tentative action to
approve staff recommendations and 2) direct staff to prepare a joint
resolution and ordinance with the Palomar Trolley Center Project to be
heard by Council on 2/18/92. (Director of Planning)
ORAL COMMUNICATIONS
This is an opportunity far the general publil: to address the City Council on any subject matter within the Councü's
jurisdil:tion that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subjec~ please complete the yellow "Request to Speak Under Oral Communil:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and fallow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agenda are expected to elU:it substantiol discussions and deliberations by the
Council, staff, or members of the general publi£. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Publil:
comments are limited to five minutes.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whil:h have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
16. REPORT MEMBERSHIP AND SIZE OF THE CJ-JULA VISTA 21 COMMITfEE . Several
Chula Vista 21 Committee members have been unable to attend recent
Committee meetings resulting in the lack of a quorum of all or part of the
last three Chula Vista 21 meetings, thereby seriously hindering the progress
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Agenda -5- February 4, 1992
of the Committee. It is recommended that Council accept the resignations
of Ken Harlan and Katy Wright; designate Jose Viesca, Bill Virchis, Carl
Harry, and Tim Jones as Ex-Officio members; and reduce the official size
of the Chula Vista 21 Committee from 21 to 15 members. (Frank
Tarantino, Chair)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will divcuss items whU:h have been removed from the Consent Calendar. Agenda
items pulled at the request of the publil: will be considered prior to those pulled by Councilmembers. Publil:
comments are limited to five minutes per individuaL
OTHER BUSINESS
17. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
18. MAYOR'S REPORTCS)
19. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instruction to negotiators regarding potential acquisition of property located on the west side of
Otay Valley Road between Otay Rio Road and Spy Glass Hill Road (Chillingsworth Corporation)
pursuant to Government Code Section 54956.8
Pending litigation pursuant to Government Code Section 54856.9 - SR125
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February
11, 1992 at 6:00 p.m. in the City Council Chambers,
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the
City Council Meeting.
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~ERE"-VTO; CCMMITtt!S
o SACA"MENTO Qma 8UI;IQET AND ~SCAI. REVIEW
VTATE 0*1II't"OL ROOM ~IS .UClCC'" BUBCOMMrTTI:C ¢N 104~ 't'IoI.
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¡:; CIS'TAICT OI'!'ICE L.EGISL.ATlV!!' lll:ETIM~ItNT
'10 I:I"'~ S'n'EET S!LLCT COMMItTEE
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CIoIUW\ VIST.... C:" '1.'10 STATE SENATOR PAO~C:: IIIIIM
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BAfltIAR'" HUNÞKIII WADlE P. DEDDE
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QWRMAN
SENA'!'E COMMITT£IE ON REVENUE ...NO oUATION
January 28, 1992
Honora~le Tim Nader
Mayor, City of Chula vista
276 - 4th Avenue
Chula vbta, CA 91910 .
Dear~-r-~ .
I respectfully request that an item be p~aced on your City
Council's Agenda relating to the Twin Po ts Proposal.
X want to, if allowed, appear before the I council as soon as
possi~le to request a (measure be placeã bn the Ballot in June of
1992)80 that the people of South Bay canl vote upon the creation of
TWin Ports in the otay Mesa.
This issue, as you know, is of great imp~rtance to us in the South
Bay. We need to take whatever action necessary to have the people
of the South Bay express their opinion 0 this issue.
.
WADIE P. DEDDEH
senator, 40th District
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COMMENDING MATTHEW JANUS
UPON ACHIEVING THE "VOICE OF DEMOCRACY" FIRST PLACE AWARD
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, one of the basic aims of the Veterans of Foreign Wars as let forth in
Its Congressional Charter is "to foster true patriotism"; and
WHEREAS, the Voice of Democracy Scholarship Program, sponsored by the
Veterans of Foreign Wars of the Un~ed States and Its ladies Auxiliary, has proven to be
an effective Instrument for pUlling these words in action; and
WHEREAS, the Voice of Democracy Scholarship Program provides an opportunity
for high school students to tnink, wrtte and speak up for our country and for freedom and
democracy In addition to Increaelng seW-confidence and poise, experience in
communicating with others and valuable training In seW expression; and
WHEREAS, this year's theme "Meeting America's Challenge" focuses the attention
of youth on their role as the 16aders of tomorrow and how their guidance will preserve
democracy as a wFJ¥ of ¡We In our Republic; and
WHEREAS, Matthew Janus of Mar VISta High School participated with 73
contestants from the 10th, 11th and 12th grades taking first place during the competition
which consisted of writing and taping a 3-5 minute broadcast script on SaturdFJ¥, January
25, 1992 at the Veterans of Foreign Wars, Post #2111 In Chula Vista:
NOW, THEREFORE, I. TIM NADER, MFJ¥or of the City of C"ufa VISta, Calnomla,
do hereby COMMEND MATT~ EW JANUS upon achieving the Voice of Democracv First
Place Award and for Instilling ".ide In good citizenship. FURTHER,I urge all our citizens
to encourage and support our ambitious young people to speak up for our country, for
freedom and for democracy.
;Dateri' this 4th áry 5- February 19.E:....
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COMMENDING GEANNA SUTER
UPON ACHIEVING THE 'VOICE OF DEMOCRACY" FIRST PLACE AWARD
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, one of tha basic aims of the Veterans of Forelg~ WatS as set forth in
its Congressional Charter Is "to foster true patriotism"; and
WHEREAS, the Voice of Demoaacy Scholarship Program, sponsored by the
Veterans of Foreign Wars of the United States and its Ladies Auxiliary, has proven to be
an effective Instrument for putting these words in action; and
WHEREAS, the Voice of Democracy ScholatShlp Program provides an opportunity
for high school students to think, write and speak up for our country and for freedom and
democracy In addition to !ncraasing sen-confidenca and poise, experience In
communicating with others and valuable training in sen expression; and
WHEREAS, this year's theme "Meeting America's Challenge" focuses the attention
of youth on their role as the leaders of tomorrow and how their guidance will preserve
democracy as a way of life in our Republic; and
WHEREAS, Geanna Suter of Bonita VISta High School participated with 73
contestants from the 101h, 11 th and 12th grades taking first place during the competition
which consisted of writing and taping a 3-5 minute broadcast script on Saturday,
January 25, 1992 et the Veterans of Foreign WatS, Post #2111, In Chula Vista:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, Calffornia,
do hereby COMMEND GEANNA SUTER upon achieving the Voice of Democracv First
Place Award and for Instilling'prlde in good citizenship. FURTHER, I urge all our citizens
to encourage and support our ambitious young people to speak up for our country, for
freedom and for democracy.
:Dated' Mis 4!:!xfcy!!f Febr~ary 19 E-
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CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
January 29, 1992
Mr. Hubert A. Christensen
376 Center Street #350
Chula Vista, CA 91910
Dear Mr. Christensen:
During the City Council meeting of January 28,1992, you were appointed to fill a vacancy on the City's
Growth Management Oversight Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. in the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements with you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identilied in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (within 30 days of swearing in),
yearly by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carries
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
-
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Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley, Secretary
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-5044
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CITY OF
CHUIA VISTA
OFFICE OF THE CITY COUNCIL
January 29, 1992
Mr. Steven Jay Hann
1086 Calle Mesita
Bonita, CA 91902
Dear Mr. Hann:
During the City Council meeting of January 28, 1992, you were appointed to fill a vacancy on the City's
Growth Management OversIght Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. in the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements with you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identified in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (within 30 days of swearing in),
yearly by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carries
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
-
:.£ þ~,,-
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley. Secretary
l{c.-~
216 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5044
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OlY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
January 29, 1992
Mr. Will T. Hyde
803 VISta Way
Chula Vista, CA 91911
Dear Mr. Hyde:
During the City Council meeting of January 28, 1992, you were appointed to fill a vacancy on the City's
Growth Management OversIght Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. in the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements with you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identnied in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (within 30 days of swearing in),
yearly by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carties
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
-
J: ~A~
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley, Secretary
ttc.. -6
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5044
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CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
January 29, 1992
Ms. Nancy L Palmer
295 'C" Street #112
Chula Vista, CA 91910
Dear Ms. Palmer:
During the City Council meeting of January 28, 1992, you were appointed to fill a vacancy on the City's
Growth Management Oversight Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. in the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements w~h you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Pol~ical Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain pos~ions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identified in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (w~hin 30 days of swearing in),
yearfy by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carries
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
..£ 4~~-
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley, Secretary
4~..l
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5044
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CITY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
January 29, 1992
Mr. Charles G. Peter
435 Stoneridge Crt.
Bonita, CA 91902
Dear Mr. Peter:
During the City Council meeting of January 28, 1992, you were appointed to fill a vacancy on the City's
Growth Management Oversight Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. In the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements with you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identified in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (within 30 days of swearing in),
yearly by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carries
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
r: /!~A-_
"-
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley, Secretary
4c.-'(
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044
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CITY OF
(HULA VISTA
OFFICE OF THE CITY COUNCil
January 29, 1992
Mr. Frank A. Tarantino
1006 Paseo Del Paso
Chula Vista, CA 91910
Dear Mr. Tarantino:
During the City Council meeting of January 28,1992, you were appointed to fill a vacancy on the City's
Growth Management Oversight Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 4,1992. It will be held at 4:00 p.m. p.m. in the Public Services Building, 276 Fourth Avenue.
In the event you are unable to attend this meeting, please call the City Clerk's office at 691-5041 and she
will gladly make other arrangements wtth you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial interests. The Commission to which
you are appointed has been identnied in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (wtthin 30 days of swearing in),
yearly by April 1. and a leaving office statement. Failure to file these documents with the City Clerk carties
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista.
Sincerely,
~r: ~
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Nancy Ripley, Secretary
l/.<......II
276 FOURTH AVENUE/CHUlA VISTA, CALIFORNIA 919101(619) 691-5044
,.,_u......_.._.
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MEMORANDUM
January 31, 1992
TO: The Honorable Mayor and City Council
r~
FROM: John D. Goss, City Managev
SUBJECT: city Council Meeting of February 4, 1992
Transmitted herewith is the agenda and related materials for the
regular City Council meeting of February 4, 1992. Comments
regarding written communications are as follows:
Sa. This is a letter from William Hickey, Sr. requesting approval
of a resolution supporting a committee to enact a Patriotic
Alternative to the Commercial Takeover of American Aircraft
Production and Maintenance (P.A.C.T.). Also attached is data
received from the City of Long Beach regarding this subject
and a recent article from the 1/23/92 San Diego edition of the
LA Times regarding the recent San Diego City action on the
same subject. IT IS RECOMMENDED THAT THE LETTER BE RECEIVED
AND ACKNOWLEDGED.
5b. This is a letter from Robert Scott regarding the closure of
Twin Palms Trailer Park and the Agency owned 14 acre parcel
adjacent to KOA campgrounds. Mr. Scott proposes to make a 5
minute oral presentation to the Council at the February 4,
1992 meeting. IT IS RECOMMENDED THAT HIS LETTER BE RECEIVED
AND ACKNOWLEDGED.
AERONAUTICAL MACHINISTS LODGE #1125 FOR WRITTEN COMMUN. ON
!1!lte1Ylatiorlai ~ r¡{ ~CIL MEETING
AND AEROSPACE WO~li!flSEO
MACHINIST BUILDING 5150 KEARNY MESA ~ADJAN 23 p ,ß*1iJ DIE,G.C?-,-C_AL!,:ORNIA 92111
(619) 292-515 - ;"1 '7: í-:~" _-;H -~--- '.
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CITY C~."=-~ JAN 2 3
Dear Councilmember: ,
i_,_~.._
ri'
"'
The financial welfare of this community is suddenly at risk..
Proposed sale of aerospace firms in Southern California, such as
General Dynamics Convair and McDonnell Douglas, threaten the jobs
of more than 200,000 direct e~ployees and effiployees of aerospace
"sub-tier" contractors.
Many of these highly-skilled people live and work in your
community. With aerospace employment on a decline here, they
most likely will have to look beyond California's borders for new
employment. The potential annual economic impact on Southern
California is a staggering $10.1 Billion.
I represe~t an organization that has a plan to halt the flow of
jobs and aerospace revenues from California. P.A.C.T.--Patriotic
Alternative to Commercial Takeover (of American Aircraft
Production & Maintenance)--is working diligently with government
and industry leaders to find American capital alternatives. And,
you can help.
Please enact the enclosed Resolution of Support, or one similar
to it, at your next Council meeting.
And, please call to tell me what more P.A.C.T. and I can do to
support passage of this vital resolution. If my attendance is
needed, I will be glad to appear.
With your support, P.A.C.T. can be successful. Aerospace
manufacturing has made California an economic power. Now, the
future of California's economy hinges on a continued aerospace
presence. Please act at once.
,
Sincerely,
lj/¿~/¿~' '
William Hickey, Sr.
San Diego Area Director
P.A.C.T.
5150 Kearny Mesa Road WRlnEN COMMUNICATJONS
San Diego, CA 92111
(619) 292-5150 In .:J.j¥)92
(tf)
'50. -I L5fA-1-
Ð~ RICT LODGE 50 - CALIFORNIA CON RENCE OF MACHINISTS - AFL-CIO
2..-6.0
H'_'__"__~__'____"_"'_ .
Proposed Resolution
For Adoption By
The Mayor And City Council
Of The City Of Chula Vista, California
WHEREAS, McDonnell Douglas Corporation, Long Beach, has
demonstrated before a Committee of Congress the need for
additional capital and facilities to develop the MD-12 commercial
aircraft; and
WHEREAS, Taiwan Aerospace has made offers to buy significant
percentages of McDonnell Douglas Corporation and General Dynamics
Corporation, Convair Division, which constructs fuselages for
McDonnell Douglas aircraft; and
WHEREAS, These two venerable defense and commercial aviation
contractors have been integral parts of the greater Southern
California community and its labor force since 1935; and
WHEREAS, The livelihoods of 53,000 direct employees and their
families, plus the livelihoods of more than 200,000 others as
employees and principals of vendor and sUbcontracting firms, are
dependent upon the continued presence and future expansion of
these two Corporations here in Southern California; and
WHEREAS, For the security of our country's aerospace technology,
for preservation of aerospace jObs in Southern California and the
nation, and for youth training and skilled employment
opportunities now and in the coming Century;
THEREFORE, Be it hereby resolved that The Mayor and City Council
hereby join with and wholly support the Committee to Enact A
Patriotic Alternative to Commercial Takeover of American Aircraft
Production- and Maintenañce (P.A.C~.) in efforts to find a
suitable alternative to foreign investment in McDonnell Douglas
and General Dynamics Corporations.
And, be it further resolved that ~he City of Chula Vista exhort
Congress and The President of The United States to postpone
approval of any partnership or purchase with or by Taiwan
Aerospace, or any other foreign entity, for such reasonable time
as necessary to find an American solution to capitalization of
these vital and respeqted giants of the aerospace industry.
Respectfully submitted this êÀ- day of ¡;t:~ ,1992.
1!f::-~ /Jd¿._ ~~/'¿L
ob Ga oa, Chairman William Hickey, ~r.
P.A.C .T.. San Diego Area Director
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PRECEDENT
100% of the DC-8 was produced in Long Beach. 15% of the
MD-80 is produced offshore, and 20% of the MD-ll.
According to Douglas President, Robert Hood, 40% of the
MD-12 will be built overseas.
In 1983, MD-D began producing aircraft in China which,
according to MD-D management, were "never to be for
export." Today, China has been awarded a contract by MD-D
to build 170 MD-95 aircraft for export, including to U.S.
customers. On MD-D's own "Potential Customers for the MD-
95" document, 14 potential buyers are targeted of which
only two are in Asia.
.
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FACT', IX FIGURES
LOSS OF JOBS -- DIRECT
1993 - 6,000 (San Diego Convair»
1995 - 12,000 (Long Beach MD-D)
1995 - 4,000 (Torrance MD-D)
1999 - 31,000 (Long Beach MD-D)
= 53,0001
PLUS - 4,400 (Tulsa, OK MDD facility)
800 (Melbourne, AR MDD facility)
1,900 (Columbus, OH MDD facility)
- 7,100 more outside Southern California.
Management projects the last MD-ll will be built at Long
Beach in 1995. Correspondingly, the last fuselage will be
built at General Dynamics (San Diego) in 1993. Remainder
of the C-17 program at Long Beach is scheduled through
1999 only.
LOSS OF JOBS - INDIRECT
There are approximately 300,000 employees of McDonnell-
Douglas vendors. Assuming vendor cutbacks of 50% or more
following closure, the total Southern California job-loss
figure can be estimated, conservatively, at 203,000.
ANNUAL ECONOMIC IMPACT
The average hourly wage for a McDonnell Douglas or Convair
worker is about $16. Extending that same average wage to
vendor employees, the annual loss of income would be a
staggering ~6.75 BILLION in wages and salaries alone.
,
RECALLING FURLOUGHED EMPLOYEES
After two years, the number of skilled employees able to
return is only 1:12.
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P.A.C.T. POSITION STATEMENT
Corporate management hopes to offset aviation's high
research and development costs by lowering the cost of
production with cheaper, unskilled, untrained foreign
labor. But, management has never approached the
industry's most skilled labor resource--namely, the men
and women of McDonnell-Douglas who build the aircraft that
made Southern California the world's aerospace
headquarters--never have they asked us how to produce
aircraft more efficiently. Nor has this management, which
has exhorted all employees--management and labor alike--to
together to 'improve productivity and profits, asked its
members from labor what we can do to help bring the
proposed MD-12 to reality.
.
P.A.C.T.'s goal is not to hinder the successful
capitalization of McDonnell-Douglas, Convair or any other
American corporation. But there is more at stake than a
quick capital infusion. On the line are hundreds of
thousands of American jobs, most of them in Southern
California: 43,000 at McDonnell-Douglas, Long Beach;
6,000 at General Dynamics Convair, San Diego; 4,400 at
McDonnéll-Douglas, Tulsa; 4,000 at McDonnell-Douglas,
Torrance; 1,900 at MD-D Columbus; 800 at MD-D, Melbourne
(Arkansas); plus as many as 200,000 more employees and
principals of vendors and suppliers throughout Southern
California who contract their goods and services to
McDonnell-Douglas and General Dynamics.
-
P.A.C.T. is 9 trans-community, trans-industry coalition in
search of an American alternative to foreign investment in
McDonnell-Douglas, General Dynamics Convair, or any other
American aerospace entity. Why? Because the pay-back for
offshore investment is the irreversible loss of American
jobs t~ offshore labor and suppliers.
,
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P.A.C.T. POSITION STATEMENT
PAGE 2
P.A.C.T. believes that America, still rich with domestic
resources in capital and labor, can fulfill new American
research and development in aerospace and
commercia1pviation. And we are asking Congress and The
President of The United States to delay approval of the
proposed McDonnell-Douglas/Taiwan Aerospace partnership
while we work with McDonnell-Douglas management on a
suitable American alternative.
We recognize that many American companies are struggling
to compete in the emerging global marketplace. Some view
cheaper labor as the quickest ticket to a new, competitive
. edge. P.A.C.T. would suggest that industry must now, more
than ever, impress upon the President, Congress and, in
particular, California's Governor and Legislature, that
tiers of controls, restrictions and other operational and
financial impairments to profitability, which have been
heaped upon management and labor alike for decades, must
be r~-examined for their impact on "the bottom line" and
reversed wherever possible.
Over the years, our nation has developed a myriad of
policies to guide and direct the preservation and
protection of our natural resources, our wildlife and our
military technology, to name a few. But never have we had
a policy on preserving and protecting Am:rica I sown.,
industries .: This must become a primary goal of this and
future administrations. For, without American industry
there is no American labor, and without American labor
there is no strong middle class. Without a strong middle
class, there is no democracy. And without democracy,
there will be no more America.
.
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FOR RELEASE MONDAY, JAN. L. 1992
P.A.C.T. Form~ To Find Ameri~~~~~~~ive to Taiwanese
Takeovers.
(Long Beach, CA) -- Labor leaders from McDonnell Douglas
and General Dynamics Corporations announced today the
formation of a Committee to Enact a ~atriotic ~lternative
to ºommercial !akeover of American Aircraft Production and
Maintenance, P.A.C.T. for short. P.A.C.T. 's goal is to
delay government approval of a proposed partnership
between McDonnell Douglas Corporation (MDC) and Taiwan
Aerospace Corporation until a solution involving American
capital can be found.
"Our goal is not to hinder the successful
capitalization of McDonnell Douglas, General Dynamics or
any other American corporation," claims Bob Gamboa,
P.A.C.T. Chairman and a Development Electrical/Electronics
InBpector at MDC.
"But there's more at stake here than a quick capital
infusion. On the line are hundreds of thousands of
American jobs, most of them here in Southern California."
Under terms of the widely publicized merger, Taiwan
Aerospace would provide MDC $2 Billion in exchange for 40%
of its commercial aircraft division now headquartered at
Long Beach. According ·to material circulated to employees
and the media by MDC executives, "significant parts
, '. ~.4 fabrication and major sub-assembly work will be done in
" Taiwan, wi~h final assembly at a yet-to-be determined new
,
" site in the United States." That site is to be announced
soon, and 'Long Beach is not in the running.
"Ma'nagemen t says they can't, therefore won't, build
the MD-12 at Long Beach. Those of us who work assembly
. know without question thar the MD-12 can be built in Loní;
Beach 'and should be built heLe," Gamboa insists.
.,
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P.A.C.T. -- Add 1
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MDC employs 43,000 in Long Beach and more than 11,000 at
related facilities in Torrance, California; Tulsa, Oklahoma;
Melbourne, Arkansas and Columbus, Dhio.
"Any way you shake the agreement, no jobs land in Long
Beach," Gamboa claims.
"If this deal goes through, there won't be any commercial ~
aircraft built in Long Beach after 1995. And that spells rhe end
of an era both in aviation and in Long Beach-area aerospace
,
I "
emp oyment,
- Similar fates may await the 6,000 employees of General
Dynamics Convair plant in San Diego. Convair builds fuselages
for MDC's commercial airplanes. Taiwan Aerospace has made a
simultaneous takeover bid for Convair.
"It doesn't stand to reason that Taiwan Aerospace would
bu ild fuselages in San Diego, ship them to Taiwan and back
. " says William Hickey, Sr., 'P.A.C.T. San Diego Area
agaln,
Chairman and President of Local 1125 of the International
Association of Ma~hininst8 and Aerospace Workers.
"If they buy us j' they'll close us down and take every shred
of technology and production expertise we own to Taiwan. There,
they can bu ild fuselages for 75 cents a man/day with laborers
that could never afford to buy a ticket on any airplane they
bu lld . "
P.A.C.T. proposes to gain resolutions of support from
Southern California cities where MDC and GeneraÌ Dynamics e~
facilities exist and employees live. ' ,~
By the end of this, month, Gamboa hopes to see a resolu~~ ~J
bof". Cong"" '"ppon ing P. A . C. T. " dd., '0 find ,n ,.¡, 0,n2' /
alternative as a way ~o save American jobs. /0-, ~,.t t l \1V"-\ ?
- ' '~.' I~ oJ ·~V
-End- ,J JlI~) ./." Sl ' ~~ é ' ,
1\ s (~~ ~~ /¥tv ~
EDITORS NOTE, / ( '('tb 1 ~
For more information in Long Beach--:----- \ ~~ ~1>
Bob Gamboa (3;0) 420-1481 ext. 121, or t~
Karl Fees (310) 420-1481 ext. 116. _' ¡-\r t
For more information in San Diego-- ~.
Bill Hickey (619) 292-5150
5Þ..-~ .
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~: J ~...~:....., 2c_, ...:-}~"'_.~~" \'" f.? ". January 20, 1992
RECEI~vED
! ',,'
.. JAN 23
Re: 1. Items of mutual concern
í L, concerning the Agenc:¡2 JAM 28 "Q "'4
C:'.·~ -~,~" l\", ._"
,
l owned 14 acre parcel
..... --~ ---- cr'
adjacent to KOA ií ; ;~
CITY .. ,..
2. Closure of Twin Palms
Trailer Park
The Honorable Tim Nader, Mayor of the City of Chula Vista
Chula Vista City Council Members
Shirley Grasser Horton
David L. Malcolm
Leonard M. Moore
Jerry R. Rindone
Redevelopment Agency of the City of Chula Vista,
Mr. Tim Nader, Chairman
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mayor Nader:
There are several issues which are of mutual concern to the Agency
and its neighbors concerning potential development of the property
referred to as "the Lower Sweetwater" project. Some questions
which need resolution involve zoning, ingress and egress, use by the
existing tenant, potential litigation and ultimate use of the property.
It is important that I be able to discuss some of these subjects with
the Agency. I therefore request that this subject be included for
discussion on the agenda of the February 4 meeting.
,
. COJ\AMUNICl\1"1àONS k
~~ WRITTEN
>¡ ~/'-Ij'jd-
cC.'~ Jyy- (<I) P.o. BOX 847 . BONITA, CALIFORNIA 92002 . (619) 479-5111
~d~ '5h ~ I
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.
I would like to give the Agency/Council an updated report regarding
the closing of Twin Palms Trailer Park at the same meeting, since
these topics are closely related. Please ask your staff to confirm the
appearance of these items on the February 4 agendas.
Thank you for your consideration.
Sincerely.
~
Robert Scott
RS:bs
cc Mr. Chris Salomone
Mr. Sam Sepheri
Mr. Aaron Mann
,
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COUNCIL AGENDA STATEMENT
Item..:.t1::: ("
."",
<i ~,:"" Meeting Date 1""29 92 ~ ttlt¡z....
',.I
PUBLIC HEARING: PCA-9JSOf - Consideration of an amendment to the Municipal
Co~e1r10 allow automated drive-through car washes in CoN
,N¢~hborhood Commercial zone~ subject to approval of a
';"tonditional use permit - Texaco Refining and Marketing, Inc.
ORDINANCE:..;' .'" Enacting PCA-91-02 :<1f,'1 j
SUBMITTÈÖvBY: Director of Planning/~~
REVIEWED BY: City Managerc;) (4/5ths Vote: Yes__No-x-)
The CoN Neighborhood Commercial zone does not presently allow for car washes,
either as a permitted or conditional use. Texaco Refining and Marketing, Inc.
has submitted a request to amend the Municipal Code to allow for automated
drive-through car washes in the CoN Zone upon the issuance of a conditional
use permit.
The approval of the amendment would allow Texaco to process a conditional use
permit to redevelop and upgrade an existing service station site into a
self-service gas facility with mini-market and car wash at 1498 Melrose in the
CoN zone. The Planning Commission considered and approved both the code
amendment and the conditional use permit at their meeting of January 8, 1992.
The conditional use permit, PCC-91-24, was approved subject to the condition
that the permit would not become effective unless or until the amendment
becomes effective on the 31st day after its second reading by the City Council.
The Environmental Review Coordinator conducted an Initial Study, IS-92-12, of
potential environmental impacts associated with the proposal. Based on the
attached Initial Study and comments thereon, the Coordinator has concluded
that there would be no significant environmental impacts, and recommends
adoption of the Negative Declaration issued on IS-92-12.
RECOMMENDATION: That Council adopt the ordinance enacting PCA-91-02.
BOARDS/COMMISSIONS RECOMMENDATION: On January 8, 1992, the Planning
Commission voted 7-0 to recommend that Council enact the amendment in
accordance with Resolution PCA-91-02.
,
DISCUSSION: '
The Municipal Code presently allows for automobile car washes as a permitted
use in the I-L Limited Industrial zone, and as a conditional use in the C-C
Central Commercial, C-V Visitor Commercial, and C- T Thoroughfare Commercial
zones. Car washes are subject to the following standards as listed in CVMC
19.58.060:
T'I~
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Page 2, Item pI
Meeting Date 1-28-92
1. All equipment used for the facil ity shall be soundproofed so that
any noise emanating therefrom, as measured from any point on
adjacent property, sha 11 be no more audible than the noise
emanating from the normal street traffic at a comparable distance.
2. Hours of operation shall be from seven a.m. to eleven p.m., unless
specifically approved by the planning commission.
3. Vacuuming facilities shall be located to discourage the stacking of
vehicles entering the car wash area and causing traffic congestion
adjacent to any areas used for ingress or egress.
4. The minimum setback from the car wash structure to the front
property line shall be determined by the zoning administrator, upon
submission of plans for architectural approval.
There are currently two automated drive-through car washes in Chula Vista,
both of which are being operated in conjunction with a principal service
station use. These are located on Bonita Road, west of I-80S, and at Palomar
Street and Third Avenue. The Bonita Road/I-80S location is zoned C-C-P and
is in close proximity to a high density residential use. Although there have
been traffic confl icts between the gas pumping operation and the use of the
car wash faci 1 ity, there have been no reported confl i cts wi th the adjacent
residential area. The Palomar Street and Third Avenue location is zoned
C-C-P, and is in a general retail business area. An additional car wash has
been approved for the Mobil station at 765 "E" Street, which is within a C-V-P
visitor commercial area.
The stated purpose and intent of the CoN zone is to provide for convenience
. goods and services within residential neighborhoods in a manner which is
compatible and complementary to the surrounding residents. Permitted uses in
the CoN zone include, among others, grocery stores, restaurants, coin-operated
laundries, and profess i ona 1 offices. Service stations are conditional uses.
The CoN zone al so 1 imits hours of operation to between 7:00 a.m. and 11 :00
p.m. unless specifically approved by the Planning Commission. A 1 i st and
accompanying exhibits for each of the seven sites zoned CoN in the City are
attached hereto as Exhibit B.
It would now appear to be in the pub 1 i c interest to a 11 ow automated
drive-through car washes (under controlled conditions) in areas which are
conveniently located to the'residents they serve. Improvements in design and
" advances in technology have resulted in facilities which can generally
integrate well within a neighborhood commercial setting. Adjacent properties
would further be protected from potential adverse impacts through the
review/approval authority provided by the conditional use permit process. The
modern drive-through car wash also represents a water conservation measure by
recycling the vast majority of the water used in the operation.
For these reasons, ståff supports the request to amend the Code as indicated
on Exhibit A. The amendment includes a revision to the car wash standards to
replace the obsolete provision regarding approval of setbacks by the Zoni ng
Administrator -- this is addressed by both the Planning Commission and the
Design Review Committee -- with a provision regarding drainage and water
. damage to public improvements.
'=-.,2 1 1:/ ..:~
Page 3, Item It!
Meeting Date 1-28-92
Exhibits showing the car wash along with the other previously noted site
improvements proposed at 1498 Melrose are attached hereto for Counc 11 ' s
information. The single-bay automated drive-through car wash is located in a
750 sq. ft. structure on the northerly portion of the property, adjacent to
the parking lot for an abutting commercial center. The approval of the
amendment would render effect i ve the Planning Convni ss i on's approval of the
conditional use permit.
FISCAL IMPACT: Not applicable.
WPC 0081p
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ORDINANCE NO. 2491 .¡ ""
~ ,", .
",-, '
"<.:.\),.
·'./i:~¡
AN ORDINANCE OF THE CITY OF \.;>
CHULA VISTA "';"
AMENDING SECTIONS 19.34.030 AND 19"58.060 OF 'V
THE CHULA VISTA MUNICIPAL CODE TO ALLOW -1Q
AUTOMATED DRIVE-THROUGH CAR WASHES IN C-N 0,,0
NEIGHBORHOOD COMMERCIAL ZONES SUBJECT TO '?Q
APPROVAL OF A CONDITIONAL USE PERMIT ~
WHEREAS, the C-N Neighborhood Commercial zone does not
presently allow for car washes, either as a permitted or
conditional use; and
WHEREAS, Texaco Refining and Marketing, Inc. has
submitted a request to amend the Municipal Code to allow for
automated drive-through car washes in the C-N Zone upon the
issuance of a conditional use permit; and
WHEREAS, on January 8, 1992, the Planning Commission
voted 7-0 to recommend that Council enacted the amendment in
accordance with its Resolution PCA-91-02; and
WHEREAS, the Environmental Review Coordinator conducted
an Initial Study, IS-92-12, of potential environmental impact
associated with the proposal and has concluded that there would be
no significant environmental impacts, and recommends adoption of
the Negative Declaration issued on IS-92-12.
The city Council of the city of Chula vista does ordain
as follows:
SECTION I: The City Council of the city of Chula vista
does hereby adopt the Negative Declaration issued on IS-92-12.
SECTION II: That section 19.34.030 of the Chula vista
Municipal Code is hereby amended to add Subsection G to read as
follows:
Sec. 19.34.030 Conditional Uses.
!i... Automated. drive-throuqh car washes in accordance
with the provisions of section 19.58.060.
SECTION III: That section 19.58.060, Subsection 4, of
the Chula vista Municipal Code is hereby amended to read as
follows:
Sec. 19.58.060 Automobile car wash facilities.
1
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,-.-. .,"'--'-"-" -'-'-"-'-'---~'-"----"----'-'~--"~'~-""'"
4. The miflimum actJ3ae)t fLam the car wash S'ErUS'E\irÐ te
the frent pre~er~y line ahall se àc~crmineà sy the
EeRiR~ aàmiRis~ra~er, upsn Ðusmissisn sf plans fer
arehiteet.ural ap19rs¡;al. location. technoloqv and
related drainaqe facilities shall be desiqned and
constructed so as to prevent damaqe to pavement or
other infrastructure from water from the car wash
operation beinq carried off-site. to provide a
means to collect and retain potentiallY toxic
material. and to use recycled water to the extent
possible.
SECTION IV: This ordinance shall take effect and be in
full force and effect on the thirtieth day from and after its
adoption.
Presented by r orm.:o
Robert A. Leiter, Director of City
Planning
C:\OR\car wash C-N Zone
2
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aan~ 29, 199:2
Member-s 01' City Council
City of Chula 'i i 5 ta
On \]an ø 8, 1992 City F'lanning Commision passed a petition
with a 5-2 vote to gr-ant a conditional use pei"'mi t to Te;.:aco
Refining and Marketing, Inc:~ to redevelop their' service station
at 1498 Melr-ose Ave. to add mini-mart and car wash.
We str-ongly feel that our quality of life in this
neighbor-hood will be affected by this change.
F'r-esently, there are alr-eady four business establishments in
our- neighbor-hood car-r-ying beer~ wine and/or liquor-. They al'~e
Lucky's supermarket, Bobar- Liquor- and Gt'Mocer-y, 7--Eleven Store and
ScÎ:Jl"ebOal"d Inn. , r-espectively. By adding Te",aco mini-mar-f,:et,
ther-e will be one too m¿~.ny in our neighbor-hood. We live - ,. a time
ctL
that we try our best to educate our- childrEn and everyone ,- >IDa
not ffiJ,N dr-inking .and driving at a 11!1 .. And yet, we are going to
allow a service station changed to have beeJ'~ dnd ""ine license,
which wi 11 be something additional fDr the ser-vice station. "Jhat
kind of message we a¡--e tl"'ying to announce to our society?
In r-ecent year_us, youth gang activities have been in a rise
in our- neighbor-hood. Our- neighborhood, the r-esidents and somE.\ of
the business establishments t.Ciget¡-·¡er-, has put up very bi.g effm-ts
to eliminate those activities. Chula I.Jista PDl.ice Depar,·tment C¿ln
testify this fact. We believe that: once a mini-mart 1.S bui.lt in
the co,.-ner pr-oper-ty oper-ated by young cle,-ks with limited
business skills and intel'-ests, thE.\ gang activity will de'finitel¡
rise again. We !!Io,not want to 5E::8 ouru quality of l.if E' become
worse despite our alr"eady bad enough ec[)nomic si.tuationu
Ther-efore, we LtrMg8 you votE? 'INoH an aur- petition ' - thi!::-
~ ,
matter" comes u.p befor"e yC)u~ Thanks a milJ.ioJl~
ó&Æ~
___._...___________ __M____M_....
SignaturE
'2:< 75__ ,5,~eJ'¿¡~e _::~-- __
Ç:¡dd '-ess
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L:ounc l.i.
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(In Jan" d ~ '! ,::0'-:' City- ¡:::L,:;\nninq Ccmmi':::;].Ci"'¡ pi3.<~;s(~,;cI -,", ¡:J"-"2'-:l i.":'.'LDï":
....,-' /....
with i::!. r.; _~ .-;; vote to g¡"'ant d c:c)rìdi tiDn21.L us'!':? P(2 ~'''m it:. i.:D T2?~';,::':',C::o
--' ..:..
Refining and I"lar-ketifi';j ~1 Inc" t:c:r r'" E' rj ,=. \/ E' :¡. D jJ ,-:;, i""ìf?l. r'~ ~-:,:;(,::., 1""\.-' _i c. f? !;.:9. t".:l.CJrf
",t i4':¡;S Melr-ose r:4vE'" to add mir-: i "'''fT1e; ;,··t ,::and CEI)''' :....,iaS:·l"
i¡.jC7.' str-ong l"y' 'feel t.h¿1.t JU,- qU¿:.;:!..i tv (J 'f ') ,; --¡;r... ,.li-' th5.-::';;
'-'-..'-..
neighboJ"'hood \.o'Ji 11 bE' aff;:?cted bv ·t.¡-;.l.S c.: h,:::.n CJ 1:= "
Pr'esen t 1 y, ther-e ¿..r:;:: 2.1 r"(e,~dy 1" (:~'U~- !JU·:sii1r:::' -:5~-; ':;:'3 t ,:i;',. i~, :¡, ,L s h iT¡ (-::: n t: s ..,.;,
au I'" nei.ghbol"' -¡ocd car-,-yi;-I~] be(:'::j--' ~ i,..;j,,]1,"E2 dnci/c,'" L .lqLlC¡'·-" ...- ,£\1"'2
Luc k.y' :::. sUPË::'-·ffji;1.r-·k,et " J:jCDd¡--" :_.._:.quc:;;'·· -c::\;'-:C ::~;!"" c:: C {':~, (' \/ " . '_.~::. ,L ('::"\/(:;~'n :=- 'CC!...~;:: ,~\r,c
Sc 0 ¡.... f:? bee. i·~·d Inn~, '"":2,=,PË'C: t:i V;,7": 1 \/ ·?,(jG.l.ng T::2>{¿¡CD m.i.n j_ ·-:T,<::;.ri. i:·~t;!
. ,
ther·(:2 ~ji 11 bE? one tDo ;T¡~,n':/ ,:,.., c.;I...:.(' ,- ('::.'.L ':;j h i~')CJ t"~ hc:.>::::;c] " :,\!;_c, L..L \/(2 ._....;11'"'-·:
.,1' ,..,'-. ..
that we tJ'~Y GUi'" b~?s t :':c ~?duc:,:.?,t'=: C'U]""·· . '-;_.,. ~ j 1"-\-:,:::-) '::~\/i:?!'- -/ur" ..;;' ;¡,'\-.-
~~, 1 .'!...; ,...-1....'
not mi. i< dr"inking .3nd d ¡-.- i. ',.... i n ;~s ~., .. ::'.". ~ ("'"ìnd o,,-!;;, i" ....',:;: ,.., :;,,, ':.:~<'::'.1 '-, '.;J ..;".:
",11 ow '" se¡....v ice si.:atiDn c: h2,n~~Ë'c: '-.',..) ;i-::;l·'-/;..:,: :::'e:.;E':"~ dnc; ;';',..::"!'-:\:.';' , " ..- -...,..., ,"' ,...
.f, ..\..__ ';;:, ':::>':::; 0
whi.ch ''oil 11 be somethj.ng E:i.d d it.:!. Dr", .;;;\ 1 TC1¡"- . i ~,:: '::::, :.7:: ",' ",j i L ;:~.! ,:::t,:::>.":i.::::rn" ifJ1·'B.':.
k.ind of message we ai'-e .. :i.r1ç :"1"; ,:::;.nncunc:¿:. 1:,:0 DU,-' ~;:·oc: :'~_2T:.
In recent ye,~cs , ':/t:.1Llth :';:j,-::'ll"1(.;J ¿,;. C t :.;. 'v" .:i. t..1. ':.e ~~¡ ¡"?' "/e!: ;::rJ::~~/E:r': l:-: " :....":...:::;;::.:.,
.in our neighbGrhc.od. Dur ne.i:.;! ¡'''¡bD!'-hDCd_, the ,.... ':':,.'~:3 :;_ d c;; :U': t:. '~; ':::~'.r"i d ~3C'mË' i'~ .-1:
the fJUS].ness estdbl ishrnf2!i ts ,-:;f ~'.: i''':E: "'" ~, i-:,El:'~) ¡:"u.:::. ""', \/ c:': y~\/ .,..~ .. ,_._ ". "m
-... ,"" ;"'
.._, .....-
to f2 I.imina t.E' thosE' act:i\--"i.ties~ Chul,::;\ \/.-;"·::¡·LE:'t ·····C),L,lC,:?:.' D (=: D ,'::'. ¡r- t m ,:::~ n -:,: c·::\ ""]
testify this 'T ¿.:¡.C t:. ~ ~~e bl.::::' l.ie\/c th.::-,_t C:PC(ê;: ô. :Tj,Ln _'l...'''ifì·,,',·t,'..· ..i;;:; -., ,,-,- ~ r-',
L..J ,C .,.... '_ J...'
the c::o I"'ne I"" pl'~op;=:r"t/- CP(·;:'Y"¿':\ t,(:'?d \iCJ!...i.niJ c: 1 ;'?i"·'i.. 'os ~"'. .. ;!. _LiTI 1. "Ì.":. ::~¡cj
busi.,ess ski.lls ¿'In 0 j, I; t E' !.... (? 5 t ~:~, ~I ;:.:nF2 c:;,:::\nc:¡ 3.C: t.:':"\/..: :..\j ,L ;::J (..~, ~\.n:;., ·C.r?!; 1.,/
r-i~,e 2(;ìaïn m W'~ ~CJ not :.rJdnt. T~C ~5 f?:.\F·~; C)U)" qua.I.._ . D·t I .." -+~F.' :: ,~-::.' C U iT; ~:':":'
'-
wor-sË.' d F::.)S pi t.e our- .::~.l "-:=:,-,;:-\c]/ \::;,:?,d ç:::r":c)Lt'~,¡ ¡-I :~~, ;:: ,_;: '! C' ;'Ii i c <:;': "..,.. ",:;
..,.,-, ......... ....-.....
Th\?r"(~"fDre ~ ;....JE' uj"'ge \/CL'. '.jj"";""'::; 'J:.Jn" C,",,; '::',U( , ' +- ,; ",.-, :'_-t " .........
ma.tter" CDme':::;. up bf"2fc,'"2 YDU" ('¡·,;:\.r":v:,-::õ=, ',,,, ,'_'.. i. ." _Lon,
....4:i~L___,_.....,..,.
_..2:'J,;J......"..É<tu::...._(!',t!(}uJG.2.._",_"At.'L
P':::::!U!'··('::':3S
"
1,-/7
----,-,-,..,-,-- --,-----,--~~-----~--,,---_.._-,---,~
Jan" ~8 1992
..:... ~ ~
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City Planning Commision passed a peti tion
with a 5-2 vote to qr·¿:¡nt a conditional use per-'mi t to Te,,,aco
Refining and ~1arketing , Inc. to redevelop their serViCE? station
at 1498 Melrose Ave. to add mini-'"mart and car wash.
We strongly feel that our quality of life in this
'neighborhood will be affected by this change.
Presently, there are already four business establishments in
our neighborhood carrying bee ~-, wine and/or liquor. They are
LLu::ky's supermad:,et, Bobar' L.iquor' and Grocery, 7 "-E 1 even StOJ"'e and
Scol-eboard Inn. , respectively~ By adding Te;·{aco mini-market,
there will be one too many in our neighborhooti" We live a.t ,3 time
that we try our- best to educa tË' our children and E.'ver-yane ,- liDo
not mi}{ dr'inking and dr"ivinç;¡ ¿:\ t. allll . And yet, I,-\le ar"€? going to
allow a 5e!'"V ice station changed to have beer- and wine license,
",,'¡'':lc h wi 11 be something additional for the 5e!'"'V ice station. What
k'ihd of message we are t.rŸing to announce to our society'"?
In recent year's, youth gang activities have been in a r-ise
in our neighborhood. Our neighbo,.-hood, the r'esidË,nts ar1d somE.' of
the business establishments tCíJettrer- , has put up very big 8'fforts
to eliminate t.hose activities. Chula Vista F'c.·I.iC:E' Depar·tment can
testi fy this fact. We believe that once a mini-"mart i'5 built in
the corner property ope,-a t.ed by young cler-ks with limitE,d
business skills and intE'¡....ests, the gang activi.t."y' will de'f ini. tel i
r-ise again. We f!!.o. not want to seE' our- quality D'f life becomE.'
worse dE'sp.i te ou.r ~lready bad enough eCD:10mic situation"
Therefo~-e ~ v.J\? urge you vDt:.e JjNo" on f.:;ur petition if thj"~:;
matt.er comes up bF..:-fcJre you" Thanks a mil :L ion"
~9~~---
c.lgnature
! OV-~(f Ave i ~
~-:---"--- ------rM.---.
f':jcjd¡"'eS5
1
¿//7
- -, --~-,-,- .--.., '-,",--'---
Jð.n ~ 29~ 1992
Members of City COLirlC i 1
City oi' Chula Vista
On Jan. 8, 1992 City Planning Commisiof1 passed a petition
with a 5--2 vote to gr¿,nt a condition2.1 use pei...·mi t to Te~<acQ
Refining and Marketing, Inc. to redevelop their- service station
at 1498 Melrose Ave. to add mini-mart and cat- wash.
We strongly feel that our quality of life in this
nêighborhood will be affected by this change.
, Presently, there are already fou~- business estabI ishments in
Ol..\r neighborhood carrying beer'!, wine and/or liquor. They are
Lucky's super~market , Boba,' L_iquor- and Grocery, ï'-Eleven Store ¿,nd
ScoreboaF'd Inn., ,...espectively~ By adding Te>~aco mini-market,
there will be one too many in our neighbcr-hüod. We l.i.vËI at a time
that we try our~ best to educate OUr' children and everyone - liDo
not mi~{ drinking 'and driving ¿'(t a 11 II ~ And yet, J¡.,Ie ';:;'.,~"e going to
allow a se¡"'vice station changed to have be'.?r- ¿'.nd v)ine license,
which wi 11 be something additional for the ser"v ice statiDn. Wh2,t
kind of message we are trying to announce to our" societ.y?
In recent year:-s, youth gang ¿'.ctivities have been in a risE.'
in our neighborhood. Our neighbor-hood :1 the r-(~s:Ldef1 t5 and some of
the business establishments together" , has put up v(~ry b1.g f.2'ffort.s
to eliminate those activities. Chula 'v'ista F'ol ice Depar··tmenì: can
testify this fact. We believe th2.t onCE:' a mini--mart .is built in
the corner proper·ty operated by young cler-ks w.i th limited
business skills and intE'r"ests!, the gang activity will de'finitely
r-ise again. We !!fo not want to i::;'f.::\¡:;'·, our- quality of 15. 'fE' become
worse· despite our ¿~.1 reEd.1 y b,.:to enough ec:o:Jomic situat.ion"
Ther'efore !I we uJ....ge YC::u VOJ:E' I'Nol! on cUr petit.ion if this
matter comE'S up befGre you." T¡-"r2n¡"·:s 2. mil:Lion"
..--
Signa ·ur;;.:::,
_-.'2:J ( -----
i:'dd~ù\.~k ,CA-
qí7 r( -0 í '/
1
¿ 1 [)
t!:' oL--
- ,"- --~,-,- - --.--'----'---.,
Jan ~ 29~ 19S'2
Membel~s oi' City Council
City o-f Chula Vista
On Jan. 8, 1992 City F'lanning Commision passed a petition
with a 5-2 vote to grant a conditional use per'mi t to Te;:~aco
Refining and Marketing, Inc. to redevelop their service station
,at 1498 Melrose Ave. to add mini-mart and car wash..
We strongly feel that our quality of life in this
neig hbol~hood will be affected by this change.
, Presently, there already fow- business establishments in
are
our neighborhood carrying beer, wine and/or liquor. They are
Lucky's super"market,,. Bobar Liquor- and Grocet-y, ¡-·Eleven Store and
Scol~eboard Inn., respectively. By adding Te",aco mini-market,
there will be one too many i.n cur neighbor-heod. We live at ¿f. time
that we try our- best to educate our childrøE'n and everyont!-.? ..- liDo
not miN drinking and drivi.ng at 21111" And yet,. we 2.rne going to
allow a service station changed to have bE;er ¿i.nd wine license,
which will be something additional 'for the ser·v ice statiDn. What
kind of message we are tl-ÿing to announCE' to our· society?
In recent year.øs, youth gang activities have been in a rise
in our neighborhood. Our neighbor-hood, the residE,n ts and some of
the business establishments together- , has:. put up VE?r-y big e"fforts
to eliminate those activities. Chula Vista Police Depal"·tment can
testify this 'fact. We believe that onCE> a mini-mart j"s built in
the c:or-nE.\r property oper~ted by young clerks V',!i th limited
business skUls and intË'¡--ests!l the gang activity v.¡i 11 d02'finitel-;/
r-ise again. We !!I 0 not want to C:;¡:'?E' our qU~:j 1 it·..,.' of life becc)me
worse.' despite ou.r already bad E'PGugh eCCìr'¡qmic 51. tua t..1.0r1 ~
Ther'E'foJ'""e ,. WE-.! ur-ge you \/D1:e >iÌ'-.ioll on our- peti tior"! ì 1~ tj-';is
matter' comes up bE'âore you" Thar;"¡ks a million~
~LH Á-'::...:~"- 6w IC~ :______
Signa tur'E'
2L/3 d we e f {P'" 'if: -r. £>oJ1./] tJo"" 1'+
Ad d ';;;;'-55 ----,--------,--- c..)4 "7 mIl
1
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L{\G~o·8~ b~l
/450-t.1t H~ HuQ
?-.JJ-
d~:'.n " :29 :~ 1. (7'S':,;~
Mi-?mbe¡'-'3 oi' Ci t·y' C::ounc i 1
City o'¡; ChU.l2\ tv! i s ta
On Jan.. 8, 1<';'92 City F'l'.::lnning COf1\mision pa.s5E-~d a petition
with a 5-2 vote to gj'~Elnt a cone! i tion,?l USE~ pC2irmi t to Te;-;aco
Refining ,and Marketing !! IncK to rede·vE'1. DP tJ·¡,::.=ir·' ':5er'vice station
at 1498 Me 1 r-ose A\/e. to add mini--m2 '~'!: and car- wash.
We strongly f/:?el th<3,t DU¡'"' quality of 1 i "ff-:: in this
neighbol-hood \Ali 11 be af'feci:ed by this change~
Fresently, there are 21r'eady fC.1ur business establishments in
au I'" neighborhood car-I'-ying iJee~-' , winE.' and/o '"' 1 iquo~-. They ar-e
Lucky's super··{, ark.et ~ Boba.r~ L_i.ql.lor- '::lnd b¡.....OCE::¡-...y, "j'--'El(~ven :;:, 'cor'E~ and
Scor-eboard Inn., re'spec ti vel y"" by adding Tf:::::·;aco min i-m,:.'\rk. (-¡?t ,
ther'e will be one too m¿~.ny In cur'- r";eìg)"-¡bor"hc\od" ¡AlE' .L,1.Ve ~. ,;.. ¿~. t..'l..me
!:'.""
that we try OU.i.... b¡?st to educ.::a, te ou.r ch.i.ldr~en i3.nÖ <:;ver-yur-:e ..-- !lDo
not mi~< dr~inkinÇí, -'........-1 dr-iving at ,~¡. 1. 1 j .. And -~./(:2·t :' ;;":('5: <::tr"e \"]oing to
<:'-"1..1
allow a sel'-vice station c h21l i;J (~d tD ha V'Ë~ DE.'E'¡"- ,~-¡r.d !,~Jine 1 icensi,2,
which will be sornething add.i'Li.onal "fDr- th(,:::' ',3er'vice s ta i.:i~.Jn ~ ~·'Jh¿;. t
kind of message WE' arE' trŸing to arinOUnCE' to [Jur' society?
In recent year's 1 youth çjd.nio"J a.ct.i.\/.:i.ti€:-"!s fh¡2\/e oeen i :-1 a ¡.....iSE\
in our neighborhoodm Our neighbo¡'-'hood, the 1"'esicjEiì ts -:::\nd SDmE:..\ of
the business es t8. b 1 i:::-3 ¡'"'¡men t.S tDi;]e.thE'V- , has n¡I'¡" up \/ery :],2.0 E~TTc;!"-;::~:¡,
to eliminate those ¿<.C ti \/ i ties m Chul,-;;l ~i.ist¿:;l ]:::'01 ic,.;::' De pEl ;'- "Î.:men t LdJi
testify this 'fEICt m W'::? b<:.-:: 1 .i E\/E' thE..t onCE:' ¿it mini'--m¿,!'-t ..L';;::- bu i. 1 t ~ ~..
J..¡'
the co¡'-ner p1"'oper~ty OP/?I·-a.tf:d !::.\\f '/oLlnc; c 1 121'-J...., 5 with 1.:Lfni te:.'d
business skills dnd intË'r'ests, t.hE; ç,jang E'.C t i. \/ i "t:\i will ¡jE~i~ ini t..;:::l \,/
rise a.gain m We ~o not wan i.: to '::;I;;":.I:':=:, au]'"" qU-31 i .- ~ 1.1 'ft:;: J;,?.:ocCJme.'
L'r
WOFSE-" dE~Spi te our ,:;;,.1 ""-E''¿~\ciy b-:3.c:I ¡?or-¡ciU(] i"""¡ E'c::cnomic 51.. t.L.l':lt.ion"
The¡'-'efor-2 ~ WE' u¡"'ge you VD'¡':-_!.~?: HN[jH Dn Dur' pet:.i tiDn .i f 'en]_s
ma:tt.e~- comes up bf?fcrii:'!: YDU" t r¡,'3_n!< ~:¡ a rni 1.:i iDn..
~---~~-_._-------'"
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:J.1.ç-¡nac.:'.u.r·i:.'?
~2Z~Jk__SL__£_lC2:::':z'¿¿
Prdc:ir-e35
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-,.._,- ,- ,--_..,-, .., - - .---'" -, -~---'--'--~--'-"'-~---
Jan" 29" 19('7'2
r1embers of City Council
Cit.y of Chula Vista
On Jan~ 8, 1992 Cit.y F'lanning Commision passed a pet.it.ion
with a 5~'~2 vote t.o grant. a conditional use pei'~mi t to Te;,:aco
Refining and ~1arketing , Inc. to redevelop their ser-vicE? st.at.ion
at 1498 Melrose Ave. to add mini-mart and car wash,.
We strongly feel that our- quality of life in this
hboJ"hood will be affected by this change.
Presently, there are al r'eady fOLtt- business establishments in
bur neighborhood carrying beer·, wine and/or 1 iqLJor. They al'øe
Lucky's supermat-ket ~ Bobar Liquor~ and Grocer-y, 7 --E 1 even Store and
Scol"eboard Inn., r-especti vel y. By adding TeNacD mini-market,
there will be one too many i.n our J¡fDi.ghborøhood" We li.ve at a tl.fne
that we try our- best to educate our' ch.ildren and ever~yone ,- liDo
'not mi}: drinking and dt-iving at d 11 II " And yet~ we ar-e ¡¡oing to
allow a se!'~v ice station changed ~- have beer- é":tnd wine license,
cW
which wi 11 be something additiDnal 'for t.he ser-vice station,. What.
kihd of message we are trying t.o announce t.o our society?
In recent year's, youth gang activities have been in a rise
in our neighborhood. Our neighbol'-hood, the residents and some of
the business establishment.s tcget.herø, has put up ver-y big f::") 'f 'for~ts
to eliminate those activities. Chula Vista Police Depar-tment can
" testify this f<:\ct. We believe t.hat once a mini-~mart is bui.lt in
the corner property operated by young c 1 et-k's J~ith limited
business skills and intet-ests, the gang ae ti v i t)/ will definitely
rise ¿¡,gain. We ~o.not war-it to S2E.\ our' qL\alitv (.J"f Ii fE' beCDmE?
worse despi tE' our already bad Ë'nough economic !::,itua+..:..ior¡ ..
There1~ol""e , we uy-ge ycu vote Hl\ioH on Du.r· peti tiCWI i 'f th.is
ma..tter COrnE?S up bf-.?fGre Y'OLJ. " TI-'Ia.nk.s '" mn'~
·__d____
lJ_fCZ )jj£l£QS¿¿1l-d
f:¡cJd !'"ï25S 117//
e, {/¡
1.
¡-;2i
..--..-....---,..,-..'"-----,'..--,-,.-..-,-"..,-..--.....
,Jan u 29, 1992
r'¡embers of City Council
Cit.y of Chula l·./isita
On Jan. c' 1992 Cit.y Planning Commision passed petition
d, a
with a 5-2 vote to grant a conditiona.l use pel"mit. to Te;<acQ
Refining and Marketing, Inc. to redevelop t.heir se "'vice st.at.ion,
at 1498 Melrose Ave. to add mini--ma,-t and car wash.
We st.rongly feel t.hat our quality of life in this
peighborhood will be affected by this change.
Presently, there are already four business establishment~ in
OUr neighborhood ca'-rying beer, wine and/or liquor. They are
.Lu¿ky's supermarket, Bobar Liquor and Gr-ocery, ì~-Eleven Store and
Sc'6,"eboard Inn.~ respectively.. By adding Te;<aco mini-market,
there will be one too many in cur nE'ighbor~hood . We live at a time
that we try OLIY' best. to educa,t.e Qur children and everyone - liDo
, not miN drink.ing 'and driving at. a 11 II u And yet~ we ar"e going to
allow a sel"'vice stat.ion changed t.o have bE1er~ a.nd wine license,
'which will be somet.hingaddit.ional for the service st.at.ion. What:
kind of message we are trying t.o announce to our :,ociety?
In recen t - year's, youth gang activities have been in a rise
our' neighborhood. Our neighborhood, t.he n2siden ts and some of
the business establishments together" ~ has put up very big e'f fo,·ts
to" eliminate those activities. Chula Vista F'o l.iCE' Depar'tment can
.., testify this fact. We believe that once a mini-mart is built i.n
the co z-ner prope,-t.y operated by young c ler-ks ~Ji th limited
business skills and inter'ests, t.he gang activity will definitely
r-ise again. We !!Io,not wan t ·to see our qual i 't'y', of life becDmE.'
worse despite CJur already bad enDugh ecorJornic s; i. :í.:UEì t:i on ~
The¡"'efor-e ~ we u z-ge you vote !'No1! on Ciur petiti.on .if this
matter Comes up before you. -¡"!-'ranks £[ million"
-.~~--------
Signature
~7 .=_/7'0) /7E/-R¿J~__
I';dê'í¡:/ús Vìs~4 r cvl (j ¡t¡! I
1
/"
¿ -;;2>
--~--_.._-- .+"---,-~-~,-~-
~}an u 29, 1992
Member'-s of City COClnC i 1
City of Chula 'vista
On Jan. 8, 1992 City Planning Commision passed a petition
with a 5-2 vote to gl"ant a conditional LIse per'mì t to Te;"aco
Refining and i"larketing, Inc. to redevelop their service station
at 1498 Me ll'~ose Ave. to add mini-mar~t and car wash.
We strongly feel that our quality of life in this
neighbol"hood wi 11 be affected by this change:
F'r'esently, tt-H? r e are already four- business establishments in
OLtr: neighbor-hood car-rying beer', wine and/or liquor. They are
Lucky's super'"mdr·k,et :'! Bobar Liquor 2r~ d Grocery, 7-Eleven Store and
Scol"eboard Inn. , respectively. By adding Te;<ac:o mini-market,
ethere will be one too many .in our~ nei.gtl!Jor-hoodu We live !3:t " time
that we try au]'" best to educa.te our' childr-E'n and ever"yone ,- liDo
not miN dr'inking 'and driving at E( 11 II . And yet, v'.,Ie <::'.r-·e going to
a 11 ow a se!'~vice station changed to have beer- and Jr,¡ine 1 iCenSE\,
which will be something additiona,l for' t.he service station. What
kind of message we are t.rYing to announce to our society?
In recen t year:-s, youth gang acti.vities have been in a rise
in our neighborhood. Our'- neighbor'hood, the r-esidE.T1 ts ë:i.nd somE.' of
the business establishments t.ogethe!'- , has pu.t up very bi.g effor-t~,
t.o~ eliminate those activities. Chul¿, 'J i s t¿¡ PolicE1 Depar'tment can
testify this fact. We believe that once a mini-"ma¡'"t is built in
the corner pr'oper·ty operc.ìted by young c 1 er"·k. S ~~i th limited
business skills ¿itld inten:?sts, the ç~ an 9 acti",¡i ty will de'f ini. tel y
rise again. We ~o.not want. to ~5eE' our' quality of 1 i 'fE' become
WOr-S2 despite our ¿~ 1 rE.1ii:\d i bad enough economic sit.u<'9.tion"
Ther'efore, we urge you vot(;:~ HNo'¡ on our petition if t¡-"¡is
matter comE'S up bE·fone you. Thanks a rn.illion.
å~~~Jk~____.
'-' . nEt tUrï~"?
-h~,~~;(wµm4 CC- Jd1(-----
1
& /J.~
",_..,.._---",...._,.,-----,- , -----,-------,------------,----,,--,----
~j¿{n " ......'c-i 199~,
."-. .' ~
MembeJ"s of City Council
City of Chula Vista
On Jan. 8, 1992 City Planning Cornmision passed a petition
with a 5-2 vote to gr-ant a conditional use pel"'mi t to Te~·~aco
Refining and Marketing, Inc. to redevelop their service station
.",10 1498 ~1e 1 rose Ave. to add mini-mart and car wash.
We str'ongly feel that our quality of life in this
nei.ghboJ"hood will be af·fected by this change.
Presently, there are already four business establishments ~n
our neighborhood car-rying beer, wine and/or liquor. They are
Luck y' s super~market:t Bobar Liquor- and Grocery, 7--E 1 even Store and
'Sco¡-eboard Inn., r-espectively. By adding Te,·,aco min i -·mark.et,
.there will be one too many in our neighbor"hood. We live at a time
that we try QUi'- best to educate OUF· children and Ever-yone .- liDo
not mi>: drinking ·ar-·ld driving at all II" And yet, we ar·e going to
a 11 ow a service station changed to ha\/E beer dnd lrJine license,
·which will be something additional for the '5erv ice station. Wh".t
Kind of message we al"'e trying to announce to our society'"?
)f,ó:: In recent year's, youth gang activit;ies have been in a rise
i.n OLlr neighborhood. Our neighborhood, the residE'nts and SOm€Ð of
·the business establishments together- , has put up very big e-f'for-ts
to e 1 imina te those activities. Chul¿, Vist¿l Pc.ll ice Depa/'-tmE?iit can
testify this ·fact. We believe that onCE? a mini--ma!'-t is built in
, ,the corner pJ-operty operated by young clerks with limited
business skills and interests!, the gang ac ti v i ·c';/ will dEdinitely
rise again. We !!fo .not· want to SE:-"?E: our Q'--.1.ð 1 i ty of life becomE'
worse dE'Spi te ou.r already bad enough economic situation"
Ther-'efore, we ur-ge you v- ·h:.:\ >lNell or: ou/'- petition .1 t t.his
matter· comes up befm-e you.. ".,": ~~
~-~-------
Signa dJt Ë
ØðdØ2! 51E /1-.:5
'2í;;14fÞ;Ø
;
.L
i:J?
~-"-"--'-'-"'-"-- -----_.~ ...-.-.---.""'".--..-..--.....-.
,)¿,1..n ~ 29 ~ .1992
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City Planning Commision passed a petition
with a 5-2 vote to gr-ant a condition2.1 use pei....mit to Te~{aco
Refining and Marketing, Inc. to redevelop their service station
at,1498 Melrose Ave. to add mini-mart and car wash.
We strongly feel that our quality of life in this
neighborhood will be affected by this change.
· Presently, there are already four business establishments in
our neighbor-hood carrying beer, wine and/or liquor. They are
~µcky's supermarket, Bobar Liquo~ and Grocery, 7-Eleven Store and
Scoreboard Inn., respectively~ Byadding Texaco mini-market,
there will be one too many in our neighborhood. We live at 2 time
that we try our best to educate OUF' children and everyone - 1'00
not mix drinking 'and driving at all']" And yet, we are going to
a~low a service station changed to have beer and wine license,
which will be something addition".l ·for the service station. Wh¿\t
k~ind of message we ar-e tl'""ying to annOUflce to our society?
~"'" In recent year.-s, youth gang acti.vities have been in a I"'ise
iQ·our neighborhood." Our neighborhood, the residents and some of
the business establishments together, has put up very big efforts
to eliminate those activities. Chula Vista Police Department can
t~stify this fact~ We believe tt¡at once a mini-mart is built in
the corner property operated by young clerks with limited
business skills and interests~ the gang activity will definitely
rise ágain. We ~o.not ~ant to see our quality of life become
worse despite our alreadx bad enough economic situation.
The~efore, we urge you vote ¡'No" on our petition if this
..n.c 00... '" o.'ùce '00. '7¿~~~--.-
~' Sj.gnat~ r~e
c¿f_lZA¿¿lflt FS __ c~L_ c¿ (9' ( J
l2¡odj"'(:!!ss
1
¡j -~:Y
-- --.-.-.-.-----.-.-..- --.----.-
,_.i":'.n" i-¡ 19(:?:',?
' "
i"1embeJ....·::; - . C;i t·y' C:;CIUn c: i 1
Cit.y rJ ':~ Chuli::). ty!.i:.~ 1.:3
1Jr; ·J-i:?t.n" '- 1(79:2 City F'l¿\nning CcmmisiDr! p<'~;:5sE-:d ~ pt~ti "t.iün
'....!:I
wi tl1 a ~..._.""7' \/ote tc {] i'~ ¿In t a cond i tioJlC:\.l US0'iI p(::!:i'""mj_t tc! Te.~·~¿co
'-' .:..
Refining and !'-·I~3. r k e t i i"i ~~ :' Inc" tD l'"·edF!!VE·.i.op thE'i.;"" ':5E'I'"',/ :1. c. ':2 s"tatiDJì
at 1..1-98 r·1e.1. 1"'05e ¡:::¡Vi:?" to add mini--mari: and ca¡'" wa:c:;j'l"
We ·:::ï!::.r·ong 1 V 'feel that Ciur qua. I.i t·y· C'..¡: 1 ~ .,f:~... 1 ~,-, thi';:5
., .~ .J.. , ,::.
neighbo;""hood . 1'1 t:;E: 2.·f·f \~c 1.:eo by this cn.2tnge.
fl./l... .~
F'i'-esen t 1 y, there ,::0.1 '.-::: a 1. r'eac!y fe,uF" bu·:::..~iness t::.'sta.blishments in
au¡"" neighbci'··hc::od ca.r"¡--y in~:j IJeer' , ¡A,!.lf1E1 and/oì··· 1 iquc::¡'-" rì"';e,/ ,:£\r~e
Lucky's supe,"'mi::""tl'''ke"t .~ BoL"},¿¡.¡···· L_i.c¡uL:j'''· ",-,..'" t::if"-DC:';¡~("\,' :' "-·!:-_.L f::~\/f::.1n ::;:;to¡"'(:;? and
,~" "...i
Scon?bo.:'i¡-cj Æ nn ~ , Ir"Ë~"3p~?C: t i Vi¿iI l"j' " b·:./ addi.nq Tf:."7:;';dCC mLn.i ·····ir:~:;;.r- j..... (~t:. ,
then?' ~..,¡ i. 1 1 bE~ onE' t:.uC) mdny i.n cur~ nE.\.1.'Jhbur-¡··'iOC:j" :,Á.iE:' 1. :;.. VE~ E:·:'': .:~;. ·t...Lm2
that we ti'~Y OUi'- be-:;;t. ':':0 eouc¿". ,::.:,;2 (:\ur· ch.:LldrE'¡-¡ (;"'\!¡"::f!¡'"vonE\ -. il ò·-·.._
,~" ".~ 1--'1...]
not m:l. ~< d,-ink,i.ng. ,~,ncJ c!t- i.\/irlg ,::(l.. {:;"¡ 111' " ::~r'ld \..-,::.\"!" ,. Ii" ~:'= ·,::(r-e ~J(J ing 1.:D
¡ .- ._"
allow a ser~\! ice s 1:,3. 1::ion Cfl<,3.i·1(;!(-2d n hiE'.\/!.:.;' ::'e.11.~~'·" ,E'_f1c:j ;."'.iin('2 1 iC:E.'nS(::" ~
which will De SCimF!: t h1. n q add.:L t.iDr"!d 1 rei'" t,!";i::!! ';;2 ~-'\/.i c ;;~~ .~:- t.ð. tiGn" ~ , 1 :-. .., -j..
'fV' [C';
kind of message WE' a,'-E' tr....)/ing tD ¿1.ri'-!DLlnCF:!.' i:c DUr- society'?
In r!;:?:C2\rJ t YE~ar'·5 , ''I'outh ç.!<:.:"lncj ":~·'.C t.1. V.2. t:'.i ;.e:5 have be.'er·: in a. ,·-.tSE'
in our' neighbDr·j·1o()d ~ C)ur neig hbo¡'-¡"¡(JDd:\ the 1'''(7:.'sidE'¡''·: t'5 E¡i"'·ICi SDmf:.;.\ O"!{:
the busines<'::; E.~::::: t¿¡b Ii !:5hrtH.=:?n ts tCQf..::,'!.:ht~~:'r'" ~ i:i::t:::, ¡:::'f...I. t~ i"m, \/C,,:';'-\I G.l.C J:-7! f 'f c:' Y-1:~ ~::;
....,.-.
to eliminatE' "thOSl-:::! activities. :""';¡-:U 1. <.::1 i..) i s t¿t j-'-Cj,L .I.C:::::' C)E.'pdi'""tm(7':n t: CEl!"!
testi 'fy tr"¡is ·f¿·;.,ct ~ tNe 01::::.'1 iev12? thEI, t:. oner,::' .., rfì:in:i.'-~m.:::1.!,··t .;.;:::- hi ¡.¡ 1 .¡- l.i"·!
.....~._""'- .~
the COr~JìE.1r- PI"'cip;::::..r-t·:,y D p 1:= r- ~-:'¡. t r= c:! YDu.n'.;i cI2r'~ks ~'\Ì:t T: ,"¡ J. :Lthi teÖ .
business, skills dno .:i.ntE'i'''Ë~s:.i.::.~~i :1 'ie ç.1¿lnCj /:I.C t.i v 1. t~./ i,"\i.1..L.i c:JE)'f in i. ·c.E::..l/
rise 2(;¡ain" We !!Ie< nCJ-(: :¡\Ia.nt. j-.-.., <~; ;:;:~(.?:.\ C:)U)" qUiÐ.l j~ t:/ D"f 1.Ì. 'fiE: 'J;'2CC:íÏ1'::;":'
war-SE' Clr?Spi. -1.:.E· our' ¿~.l ;-··f:').:::i.cJ"¡i t¡,,;;.,d ;:-;:.,nDu,:;)h Ë·CCJ:-ìCJ;T¡.1.;:: ~::i.i. -),:U.<:? t:L en "
rhe!'-e"fDj'··~ ~ i.AJE' uJ....ge ycu \/ ï') .,.. ::~, ';Ì'-.io:\ CJn Dur' :'::;1::::';,:1 t:i '-,p i: r, .: <;;:,
m¿;.tter· CC¡!T¡I:ó2S lin L'E;"T ::::~'-i;?! VCJU" Th,3.!·",k_::;; .;..;\ m::...L.J. .Lon"
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~jan " ¿'-:f" 1'7'92
¡v!embE.'!'-s o-f City Council
Cii":.y C)-I; Chula tv!ista
On Jar:" 8:; 1(;;'92 City F'lanning Commision passed 2ì peti'tion
with a 5-,2 \/o·te 1.:0 gi'-¿~.tl t a conditional USF:c pei'''mi t to Te.~·~aco
Refining and r· a.r1·;:.E.\ting ~I Inc. t.o rE::develop i.: !'1ei.1''' service. station
at i4'7'8 J"1e 1 ¡'-OSE' ?\ve. "CD add mini-··mal....t and car" wash~
!.N(::E strongly feel that our quality of life ir"! this
neighbo!'"!lood \All. 11 be affected by this change.
F'r"esent.ly, there ar-e already fcur- business establishments in
QLlI'- neighbor-hDod CcH'Tying beer-'~ winG\ and/o;'·· liquor. They ar~e
Lucky'," sL.iper"·{f;.6:ì!'··¡":.et :1 BoiJar Liquor· dnC:J L::irocer-y ~ j'--·ElevE'n S·tore B.nd
Sco¡....eboard I nn ~ , rË'spec ti ',,'21 \'" By adding Te;·~aco m.irr i-market,
thE\ '-e ~\li 1.1 bE~ Dne t~[)C:r iTI¿-i.ny 1.n cur- ne.1.iJ ¡'"!bor-hDDc!" J,..¡J2 .¿1.'v'2 at. oi. timE!
tha·t we 1.:1"''1 our best to edL\C2. t:e DUj'- children and '::"ver-vone - I! Dc;
not rni.::·~ dr'inkinu ¿<.rid cjr-l.vl.J"1J;} at a1.1:¡ " ;:'\nc.i yet~ J¡.,:e ·.:':l!'~(e [JDlrig tC)
a 11 ow a se¡....vice station changed to hLQVe DE\ej'- 2_nc:! 1.;.J:i.ne license,
which w1.l1 be sO/T:ethir,g Eldd i tiona1 'for- t¡'''I(? service S ta t:.ion ~ Wn¿õ.T~
kind of meSSEtge we are t¡-ÿing t:o anf1CJUllce to our society?
In recEnt yt::-:ar··s ~ 'youth çJan-çJ d.cti.vities have beE'!! ir: a ris&.::
in our' neighbor-hood ~ Our neighbor--hood :1 the F',esiden ts Elnd some C:)1;
the busj.ness E'S tEl b 1 i shm~?n t5 togethE;"'·· :1 :-:;"::\:'3 put. u.p VE}!'··y D.1.Q T.;:"-.p -Fc,t-i.:::;:;
to Ë,l.imina tE.\ ·thOS<= activities. C hu 1 El ¡.,).ist¿t F'c).1ic[:; Depa. r-' tmF:f1 t car~
testify this fC'.ct. Wf= bt7.: 1 i E'VE' th8.t onCE' a mini--ma¡....t 1-;::; DU1..L'C in
the corner p '''oper~t'y.. opE·r-.i:\ tee toy you.n(;J cll.:?rks 1A.J.i t.h ]. i.rr:i tË\d
bu~;:i.ne5s 51-:.1. J.ls and .:i.ntl!:?i'~est:s~ t.:he gang ¿lcti..../:1. 1.::\/ w.i.ll dei'inl.·:'::?ly
rise a.gaj_n. tAJe ~o not want tr"¡ ~;;e(::.' our" qual i t··/ of 1.1 ·fe:· bE'cc;mË'
wor'sË' desp.i tE' [jur al t-E-f<3.dy t-..,.;:to (-;:.'nGug¡-·1 G~C.:Dr·rt:JmJ..c: sii.:UE'.t.l.Oi; "
fill.:?;'"'E:-:·fDre .~ iAle u!'··ge 'leu . . .... .I.. _~ ';Noi! on Dur peti.tion .1 i' ·cr"tl. s:
v '.._, ,_t~.~
matl::.er· C::Dm(~:-s up befc:'r'e 'y'CJu" T!-':3.!ik5 ë"¡ ftii l:i. ion"
~~~;f" .fj1/¿_--
i::::J.ç.jnd -r~ur-2
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?:-Icld ;....125S -,
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J2.n ~ 29~ 1992
Members oi' City Council
City of Chula Vista
IJn Jan. 8, 1992 City Pl¿inning Commision passed a petition
with a 5-2 vote to gi-ant, a conditional USf.:l pei"'mit to Te~·;aco
Refining and Marketing, Inc. to redevelop their service station
at 1498 l"Ie 1 rose Ave. to add mini-mar·t and car washm
We strongly feel that our quality of 1 iff. in this
neig hbOI"hood will be af·fected by this change.
Presently, there are alr'eady four business establishments in
our neighborhood carrying beer, wine and/or liquor. They are
Lucky's supennark,et, Bobar L_íquor~ and Grocery, 7-Eleven Store and
Sco,"'eboard Innm, I'-espec tive 1 y. By adding Tei.:aco mini-market,
there vii 11 be one too many in our' neighbor~hood . tA.Îe l.ive at ". ti.mE'
that we try our best to educate our' chi ldren and ever-yone .- liDo
not mi.;:.: dr·ink.ing and drivi.ng at alII! " And yet, we ar"e going to
allow a se ¡.... v ice station changed to have beet- ¿:'\nd wine license,
which will be something additional for t.ht.? service statiC)n. WhB,t
kind of message we are trying to announce to our society?
In recent YE~ars , youth gang activities have been in a rise
in our neighborhood. Our neighborhood, the residen ts and some of
the business establishments togethe,- , ha~.:¡. put up very big e'f fcrt~;~,
to eliminate those activities. Chula Vista F'ol ice Depar·tment can
testify this ·fact. We believe that onCE~ a mi.ni-~mar-t i·::; built in
the cor-nE,lr proper-ty oper~a ted by young c ler-ks with limitE,ld
business skills and intei'''ests, the gang 2,C ti vi t\/ will de'f ini. tel i
r-ise ".gain. ~Je ~o not want to ~5er:.~ oUr' qua 1 i, t·y' of life becomE:..'
worSE' despite our' a.l r-eac!y bad E:r1 DUg 1'"'1 eCDnomi.c situat:i.on~
Therefol'·e, we ur-ge you vot.\'? "Noll on our petition .i f thi~~
matter comes up bE1for-e ·YCJL(" Thi::\nks a million"
~~~œJi~
IblfÒ m~ fu
Address (
C~CC rv[/L~ q¡q I(
;
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1-3;1-
----- _._~--~._---~-~_._-_...,,--.----_._----~._~.,_...,"---- ----- --- ---
Jan. 29 !I' 1992
Members of City COLlncil
City of ChLlla Vista
~.. ;,;,;-' On Jan. 8" 1992 City.Planning Commision passed a peti tion
\.¡it'l1 a 5-2 vote to 9,"ant a condition".l use permit to Te;.,aco
... <,;F¡efining and Marketing, I nc. to redevelop th",i r service stõ\ tion
.;":,,,,'1:''''1498 Melrose Ave. to add mini-mart and car wash.
·.·<:;i~l¡;,;: We strongly f",el that our quality of life in this
·'+':-"',,;:}nêighborhood will be affected by this change:
,;~~t:':'~-,Y~:(:"~~'~;,';'~f . Pr-esently, there are already four- business ,establishments ;in
;::',),·;,1:9.L"-,, . neighborhood carrying beer, wine and/or 1 iquor. They are
. :,,;>., ):0.:,.~~¿ky· s supermarket, Bobar LiqLlor and Grocery, 7-Eleven Store and
;,; ;/}~St:oJ"eboard Inn., respectively. By adding Te,·,aco mini-market,
':/~<:thère will be one too many in our neiohbor-hood. We live at 8. time
~..., -
.,):¿:".,_tt1at we try our- best to educëI.te our children and everyone - liDo
..~'~~_'ii'þt mi}~ drinking 'and driving at alll1. And yet, we 2r~e going to
,,', '.::·,':ål1ow a sel""vice station changed to have beer and t.'Jine license,
"'X ".-::, '-':",<: ;",~-,'
""::;?"', "'\"-,:~JÑhich will be something additional for the service .station. What.
:,:'.'_,<·,,;_,''':~i,,~:~''ñd of message we è.J"'e tl"'ying to. announce to our- soc iety?
··~:~"~·,i,~~j:,:~·,~*;;·'ð-~t,~:.: In rec~nt years, youth gang activities have been in a rise
.':..;, ;;y,.ëff:i' our neighborhood. - Our neighbol'·hood, the residents and some of
. .,.'<th§, business establishments together, has put up very big efforts
,;,:,¡"\::.."~>",,tô·' eliminate those activities. Chula Vista Police Department can
..; ,.".t;i::i~iêstify this fact. We believe that once a mini-mart is built in
the corner pJ"op,?r-ty operat",d by young clerks ~'\Ii th 1 iini tË\d,
business skills and interests~ the gang aètivity will definitely
rise again. . We ero.not w".nt to see our quality of 1 i fE' becomE'
~6rse despit~ our already bad enough eco:-!omic si tua. tion ~
Therefol"'~, we urge you vote IINoH on our petition if this
matter comes up before you. Th""'OJlI20n. V
S;,c,Úuco ~
1:j~1 ¡J/~/! ¿ /Í/6
Piddress ('.1/- 1/7/1
1.
t~);J
-~_.~-_..........__..._-_._---_... ._~._--
Jan" 29, 1992
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City F'lanning Commision passed a petition
a 5-2 vote to gJ"ant a conditional LlSI:'? per--mit to Te,<aco
ning and Marketing, Inc. to redevelop their service station
Melrose Ave. to add mini-~.mart and car wash.
We strongly feel that our quality of life in this
hborhood will be affected by this change:
Presently, there are already four business establishments in
neighborhood c".rrying beer, wine and/ot- liquor. They ar-e
's supermarket, Bobar Liquor and Grocery, 7-Eleven Store and
rd Inn., respectively. By adding Te;<aco mini-market,
re will be one too many in our neighborhood. \Aie ' . ".10 ". time
1..~ve
we try OUJ'- best to educc;\.te our children and everyone - liDo
mix dr-inking ·and driving at allll. And yet, we are going to
ow a sef"'vice station changed to have beer and IAJine license,
h wi 11 be something additional for the sETvice station. What
of message we aJ"'e tJ"ying to anncunce -to our- society?
In recent year:-s, youth gang è.ctivities have been in a rise
our neighborhood. . Our neighbol'-hood, the f'Esidents and some of
business establishments together, has put up very big ef fm-t",
eliminate those activities. Chula Vista Police Department can
tify this fact. We believe that once a mini-mart is built in
corner proper-ty operated by young clerks ~O\ i th liini ted·
ness skills and interests, the gang aètivity will definitely
se again. We !la, not want to see our quality of 1 i fE' become
-.
despi te, our B.1 re<::\dy bad enough eco:~!omic situationu
The¡'-eforE? , we urge you vote "NoH on c'ur petition if this
matter comes Llp before you. Thanks a million"
-"-O~ ~ JL~dJ
Signature
/6-1:1 p~4 (~
¡Cìdd¡.....ess
~4 ~~/&, 9/9//
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".
&-31
-- -.-- - ---- -.--.-.-------..-,.--..,.----------.-...
Jan. 29, 1992
Members of City Council
City of Chula Vista
'-,. On Jan. 8:1 1992 City F'lanning Commision passed 0;>. petition
-,...,....,-",.,.
;.... ,......
with a 5-2 vote to grant a conditional u~e permit to Te:<aco
<':¿~eiining and Marketing, Inc. to r-edevelop theil'"' service station
/:;;~'t":1498 Melrose Ave. to add mini-mart and car wash.
.> ·;-"f".,·; We strongly feel that our quo;>.lity of life in this
..';,'-,,;>;neighbol"hood will be affected by this change:
~" '-:-:, ,,', :.>t ,,/,__r
">~)."".~:.,.'!. Presently, there are already four business .establishments in
':. . ....i J!ur neighborhood carrying beer, wine and/or liquor. They O;>.r-e
'>"",;:.~,:'·,_~\:iU:';:,~}::Ifky's super-market, Bobar Liquor and Grocery, 7-Eleven Store and
'.t}S':o/"eboard Inn., respectively. By adding Te:<aco mini-mad:et,
',;>;'_'~,__;t;.hére- wi 11 be one too many in our neighborhood. We 1 i ve at a time
."j,'{1,',that we tr-y OUI'~ best to educ?te our children and everyone - liDo
:.:··~:;L:.hþ:t mix drinking 'and driving at all". And yet, we ar-e going to
.:.~:,,:à.llow a se¡-vice station changed to have beer and ¡....;ine license,
'~,.:.'?:_~' -,..:,'; ....;'~',,~
';".'..<which will be somethingadditional for the service station. What
';, ,.~':h)(l~·nd of message we ar"'e trying to, announce to our society?
":~_·~):'~/~,,:ii~7:;'¥?,":' In rec~nt year.-s, youth gang activities have been in a rise
,;,;y,.:iþ' our neighborhood.' Our neighbol-hood, the residen ts and some of
. . ',c~.''J:th_!=? business establishments together, has put up very big effol'-ts;
".'.,"L.-t,~i-'eliminate those activities. Chula Vis·t¿\ Police Depa.rtment can
~',,-~;~~;:i<~estify this fact. We believe that once a mini-m¿lrt is built in
,the corner p/"ope,-ty opero;>. ted by young clerks with 1 ii1Ü ted·
þ'.usiness skills and interests, the gang activity will definitely
'rise again. We ~o.not we.nt to see our- quality of 1 i fE' become
worse despit~ our already bad enough eCQ:!omic situationu
The!''''efor~ , WE' urge you vote IINoH on c'ur petition if this
matter comes up before you. Tha.nks a million"
~-Æ~
Signature
J i jj-é) M/fflJ2¡¡S,f )¡J)t:;, C. U.
[.:)dd¡"'ess
1.
&;3Þ
._."-,-- _._..._...._._~.
Jan ~ '":>0 1992
...:.., ,
Members of City Council
City of ChLJ 1 a Vista
On Jan. 8, 1992 City F' 1 ð.nn ing Commision passed a petition
a 5-2 vote to gj-ant a condi tion".l use permit to Te,{aco
ning and Marketing, Inc. to redevelop their service station
Melrose Ave. to add mini-.mart and car wash.
We strongly fee 1 that Qur quality of life in this
hborhood will be affected by this change;
·Presently, there are already four business.establishments in
neighborhood carrying beer, wine and/or liquor. They ar-e
's super-market, Bobar Liquor and Grocery, 7-Eleven Store and
Inn., respectively. By adding Te){aco mini-market,
will be one too many in our neighborhood. We live at ". time
we tr-y OUJ'- best to educ".te our- children and everyone - liDo
mi~< drinking and driving at alll1. And yet, we ar-e going to
ow a sej'"'vice station changed to have beer and t.>Jine license,
h wi 11 be somethingadditional for the service .station. Whc1.t
of message we ai"'e trying to anncLtnce to our society?
In rec~nt years, youth gang activities have been in a rise
'our- neighborhood.' Our neighborhood, the residents and some of
business establishments together, has put up very big effor-t,,;
eliminate those activities. Chula Vista Police Depa.r-tment can
fy this fact. We believe that once a mini-mart is built in
corner pJ"oper-ty operated by young cler-ks with limited,
iness skills and interests, the gang activity will definitely
rise again. . We ~o.not want to see our quality of life becomE'
^' w6rse despit~ our already enough ecor·!omic situat.iGn~
bad
Ther-efol'"'f¥ , we urge you vote IINo!! on our petition if this
matter comes up before you" Ih2nks i J.iQn~
co·
_l
I¿ó( fJ¡ C/.
PJdd j'"'ess
e.V Ca.,
. I
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..
d~3G
--.--_.,~.._"._-------_."-_..- .---.---.--.---..------
Jan = 29!! 1992
Members of City Council
City of Chula Vista
... _ On Jan. 8, 1992 City Planning Commision passed a petition
'~l~h a 5-2 vote to grant ~ conditional use permit to Te~aco
··;.Ret'ining and Marketing, Inc. to redevelop their service station
..:,f~~'t'Ü498 Melrose Ave. t~ add mini-mart and car wash.
., .."'-'Y:>;:, We strongly feel that our quality of life in this
.,.,; >,;"t,,·eighborhood wi 11 be affected by this change:
,~~?:,:·.~:~<.~.:<?$:t·:;·:::T' 'Pr~sently, there are already four business establishments .j.n
,'. ·:':·~¿'b~\r'. neighborhood carrying beer, wine and/or 1 iquor. They are
,'~,:i~.,. .:::i .}~~}:']g:~~{kY '5 supermarket!! Bobar Liquor and Grocery!! ì-EI even Store and
. .", '::·.'·i13·c:oJ"eboard Inn., respectively. By adding Te:<aco mini-market,
'i;:"';;':-1:~ére will be one too many in our neighbor-hood. We live at 2. time
...,i;.that we try OUJ'- best to educ".te our children and everyone - "Do
.:·:.,..nþ.t mix drinking 'and driving at alII!. And yet, we are going to
'S;~llow a service station changed to have beer and wine license,
,~;.:." .' .- ".',''-'. ~ .
·;'·wtìîch will be somethingadditional for the service station. What
. ".., .ifi,~,i'nd of message we a!"e tJ"ying to announce to our society?
·:::;:~'.;i~:'~"\?~~::~i~< In rec,:="nt year.-s, youth gang activities have been in a rise
·:'>'_::,:~(.,.-~3'~.:.jJl 'Qur neighborhood.· Our neighbor'hood, the n:?siden ts and some of
,. ,.<';t:tf].~ business establishments together-, has put up very big effo¡--ts
:--,.·"":,:,,tò·'eliminate those activities. Chula Vist¿\ Folice Deoar-tment can
~"'~'~jt~'estify this fact. We believe that once a mini-mart is bui.lt in
'¡t~e corner property operated by young clerks with li~ited·
þusiness skills and interests, the gang activity will definitely
~1~e again. ,We ~o,not want to see our quality of life become
w6rse despit~ our already bad enough economic situation=
Thel-efqr~, we urge you vote "NolI on our pe·t.ition if this,
matter comes up before you~ Thanks a million=
Bda
---- ~
Signatur~
~/J ~ ~CÆ
I'jddJ"eS~~ql.fl(/
<
..
t;-- J 7
~--_..~_. - ----_...~~~------_...__...._..._._.--
~Jan u 29, 1992
Members 01' City Council
City of Chula Vista
On Jan. 8, 1992 City F'l¿-\nning Commision passed a petition
with a 5-·2 vote to grant a conditional use pei<"""mi t to Te:.:ë:-t.co
Refining and Marl-.:eting ~ Inc. to redevelop their service station
.at 1498 Melrose Ave. to add mini-mar-t and car wash.
We strongly feel that our quality of life in this
neighborhood will be affected by this change;
Presently, there .are al c·eady four business est"blishments in
our neighborhood carrying beer·, wine and/or liquor. They ar-e
~ucky's supermarket, Bobar Liquor and Grocery, 7--Eleven Store and
Scoreboard Inn., respectively. By adding TeNaco mini-market,
therE' will be one too many i.n our neighbl.:whC10d « ~Je live a.-t ". tirnE~'
th.at we tJ'-y our best to educate our children and everyone .- liDo
not mi~< drinking ·and driving at ¿;"( 1111 .. And ye·t ~ we ar-e going to
allow a ser~vice station changed to have beer- and wine 1 icensE',
which will be something additional for- thE' service station. What
kind of message we are trying to annOLtnCE' to our society?
In recent year.~s, youth çJang ¿r.ctivities have been in a r-i5(":'.
in our neighborhood. Our neighbod100d. the r-esiden t5 and somE.' of
the business establishments togethe,- , has put up vEry big s'f ·fort.s
to eliminate those activities. Chula Vista Police Department can
testify this f .'c t. We believe that once a mini-rnar-t is built in
the cor-ner property operated by YOLtng cler'ks with I imi tE,d
business skills and in tE·r-ests, the gang activity will definitely
,,-ise again. We eO,not want to ~5ee our- qU21it~' o·t life becomE.'
WOr-52 despi tE' our' al ¡--eady bad elïout.;jh eco:ïomic 5i tU2.t.idP u
Therefor-e, we urge YDU vot\7? liNe']! on DUr- petitiDrï if this
matter c:.omes up bE-Z'fC:H-e you~ Than k: ~~; d. million"
¿~LL2i~____
Eigna tun:::~
13__-LLL_ J1tbP't t&--¥__~ r: _~_ t/ .
Add ¡-ess
1.
&:<J~
-- -_.....~~.~-~._....,._._.__...,,--...
,.:.Tan" 29, 1992
Members of City Council
City of Chula Vista
On Jan. B!, 1992 City F'l¿;,nning Commision passed a petition
with a 5--2 vote to gl'-ant a conditional use p€H··rni t to Te;.:aco
Refini.ng and i'larketing, Inc. to redevelop thei.r service station
at 1498 Melrose ~'ve. to add mini--mar-t and car wash.
We strongly feel that our quality of life in this
neighborhood will be affected by this change.
t Presently, there a 1 r·eady four- businE:."ss establishments in
,~ are
ou~ neighborhood carrying beer', wine and/or liquor. They are
LÜcky's super··mél.t-ket ~ Ðob¿~r Liquor and l::jrDce~-y , 7 -E 1 eVE'n Store and
Scoreboard Inn., respectively. By adding Te~<aco min i -markE~t,
,there will be one too many .1n our neighborr-Iood a We live at a ·ti.me
that we try our best to educate QUI'- children and ever~yone .- liDo
not mi}( dr-inking 'and driving at ·a 11" " And yet, ItJe ¿¡r"e qoing to
a 11 ow a 58 I-V ice station changed to haye beer- and v-.jine license,
which w].11 be something additional for the ser'vicEI station. What
of message we ar-e trying to announce to our society?
In recent year:·s, youth gang 2ì.ctivi ties have been in a rise
in our neighborhood. Our neighborhood, the y'"esirJen ts and somE.I of
the bctsiness establ iSihments togethe,- , h.::'.s ¡:IUt up Vl:.:ry big e'ffcH-ts
to eliminate those activities. Chula Vista F'Dlice Depar··tment can
testify this fact. We bel ieVE' that onCE: a mini-mart .is built in
the cor-ner proper-ty oper~3. ted by '/oLtng clerks with J. imi tEjd
business skills and inteir-ests, the gang de tiv i t)/ wilJ. dE,lf ini tel y
rise again. We ~o.not want to seE.; au I'" quali.ty of Ii fE' bË~ccmE.'
worse despite our 8.1 ready bad E'riough economic sitLlat:.:ion~
Th~í'Edor-e ~ we LlI'-ge YC:Ll vote !lNo" on our peti t~ion IT tr1j_5::-
matter COffiË'S up befGr~e you" Than¡":.s a mi 1:1 ion ~
~?7~
¿,..'t.c'-e --
;:J ._.1<:.:\._ ,I
19lj~j/¡¡~r¡j¡d. C V _________
.
P¡dd¡r-e'3s
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, I
.. -_.......,- ----
Jan K 29, 1992
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City F'1".nning Commision passed a petition
t~h a 5-2 vote to grant å conditional use peJ"'mit to Te}:aco
·±;R~fining and Marketing, Inc. to redevelop their service station
.?>åi:'Ä1498 Melrose Ave. to add mini-mart and car wash.
"<:1?::;):. We strongly feel that our qu".lity of life in this
·':...>:/;t,:!Ìê~ghborhood will be affected by this change.
'~sY ".?·~'>,:~~,,:,,;.<-,'1:: Presently, there are already four business .Establishments ;in
~.,. .;;:'~ì;·;R.\'tr: neighborhood carrying beer, wine and/or· 1 iquor. They ar-e
C",· ;·.·.!\:~.;;!;I,ISky· s supermarket, Bob".r Liquor and Grocery, 7-El even Store and
>·:)/···j!\3êol"eboard Inn. , respecti vel y. By adding Te)·,aco mini-market,
·;·.thère wi 11 be one toCi many in our neighborhoodg W'~ live at a time
.... .-
) ..;;,.that we try OUJ" best to educate our children and everyone - 1100
·:·;,:f1".þt mix drinking 'and driving at alII!. And yet, we ar-e going to
" ."__':f:',~âl}ow a sel"'vice station changed to have beer- and JrJine license,
'.-'-.; ';Y··.'w'tì'ich will be something additional fCir the service station. Wha t
'<":"_ >_-.,;,::;/.;~~)id of message we ¿u"'e trŸing to, announce to our society?
-·~'-',:r;:~;~;t7~::~k.E>.." In rec~nt years, youth gang activities have been in a rise
'<i"::~\1<)-.~j~; our neighborhood.· Our neighbor'hood ~ the n::'sidents and some of
^^,~:·.·/th~ business est¿"bl ishments together, hB.S put up very big efforts
':') "~':',~":::i,·-t^Ó·· el imina te those acti vi ties. Chul a Vist¿\ Pol ice Depar-tment can
~'^~:;,"A'.,:t,estify this fact. We beliEve that once a mini-mart is bui.lt in
\the corner property operated by you.ng clerks ~..¡i th 1 iiT,i ted,
qusiness skills and interests~ the gang activity will definitely
rise again. . We elo,not w".nt to see our quality of lifE' become
w6rse despit~ our already bad enough ec:o:-1omic situ-at.íon.
Therefor~, we urge you vote IINoH on our peti tiOf""i if this
matter comes up befon= you. Tha.nks ¿I million"
;~e,__~__
_ignature .
}f/2 t1 ed¢ (?¡/
AddJ'""ess
1
h ~ é/O
_. m_.__^_ __ m_~ .---
J¿tn ~ "'-,r"' l.S'92
.~: -, ~
Deal- 1"1embers of City CCJLUìC i 1- City of Chula V1.!;:; t~:'\ ~
(in Jan.. 8 191:';2, Lity F'lanning Commi.s~;iC!n had ¿¡. meet.ing tD
,
discuss seve¡...·a 1 ma t ter-s B.nd of fe¡....ed public he¿:lr· ing Con some c)f
t h<:?1TI ~ Dne of th"" ffi¿... t t".e¡"'s disCUSSf2d i.s to qr-ar.t cDndit.ional U~5,'?
p,,,,'-mit to T€:?};EtCO F-:e·f ining and ;'¡ar-kF..?tinq, Inc::~ 1 DC.;,':;ttE-?d at 1¿!·9i3
t-1E; 1 i'ï:::rse AV~0nur:.":: ( CDrT)E~r o·¡ E. Dr·'¡;;'.riC1E' Stn.:'E.?t) "
Due tC) tht::? gecH.J¡....aphy, Drily the p¡'-oper·ty C:,V"¡r1 e r'S within ~:;:)C'
fE~et (.ì"f thE':- Tf.:-::;'{¿itCO station WE~~t-f2 i.nfol'*fTjE1d i:lbout. th.i.s:'; i t.t~:T; on th,:::.'
agc-?nda, !-',,¡hile the£- business C1Wf1E~i''''S !-\l!lO i~c:tua:lly spenc:: 2 l·=-_'t c-f
timE? vJCJr~k.if19 in thp flf='içJhbof'"'hoocJ had nDt b":?E~n iïoti·f ~Lc::d"
A·;5 ¿~ ¡-esu 1 t, thF.-? Commi.ssion p.=':1':=:,Sf2C:l B. fnotiDn to t ,:;:.m po ¡;*a ,'.. 5. 1 '/
approOCJVE? ·Ð cc'nd.i tiof1al u~;·~~ p2r·rnj. t pr'c;vicJc!:c! th¿1·t. T C! ;.~ ,;;:C C1 ~"¥i I ]. fn;:;:'!E't.
t~"'':f0n ty conditions. B.fter" ¿t ~¡ -- ~~~ vDte. T'hef'-E::' !-\(!2¡....(;:¡ ~:;2\/2i'*i;?1. i ~;¡ ':::, U f:? ~:;:.
mentioned *. ~.. t '1E' public hf.;?.:~,r·· i.nç1 n On0:~' v,¡.;,~~:.;¡ t.!'~a ·t;~f ic:: p '::'. '1.: t r;.', roO il ~
.:::t....
Wf? str'c:H11;j 1 j' fe(·=, 1 t.h~J. t by '....(,,'?deve 1 opinç] 'C:"j,;::7 P ;..- ì:?:! ~¡ '::.~, n t
CJd f....¿:tç;el ::3E' '··V iCE -s; ta t5.on '¡"I; .__J...1 m.1.1'1.i '''*m¿?,!'-kf:~' t. E'.r·;¡J t¡0¿t:::·(i >-\ii 11
(:tUU ....-...
C: '-¡angF~ and ,,·f·¡E-ct t. hi:.':':~ L:i"'ë\ "Pf ic: pE;. t: t;:::?:Y"n tel (;'.!; C'Vi":er-! ¡..\;Di'··o:,::;(·::: s;.i. t:.u..:,¡"L.i.Dn"
TÍ':·:~i·:¿;"(C.C! Inc n 's c }.~ P 1 ¿1. n .;;.':t '¡'.:.i e,n r,."'¡';:;.s thC~'i'-i:::" had tJl::-?i,2n tr*2.·r-ri.c ~';\..,r-ý(::-.'\/ c:!C)nfë'
by t.hl;:¡; ci t....,... tr·ë\ff1.c f?rì q in fI:!E' r'~ ,~11'" E'¿·:icì\." <:~.nD t.hE? rn·;"?'51.).::. t: V".:::::;:;· j"")\..},.. ·"':OD
nf.'2(]¿1 t.i V~,.':}" But :¡',:f.~ fSE\'} c1.i -f: ·r¡:7:·I'~F.7;n t. ¿"(!"1C¡ t.h(\7:' r..(:::!Ei.·~::·Cin :3 .¡.:'." ¡:~. D.S::.; ., C) .:. 1. Cii/J ';-, ~
1.) " WE' r1E:f!:?Ö tc.:.l ~··:nC)~'J \.-'Jhen WB.·;5 thE;:; ';: r·· .:?t 'f i~ i c !:::,U¡"'\/":"]\;" C:DrìE' "
ÐecaLIse ~ i.f the sur-vE'Y ¡"'¡·;::~S d,::;nf:2 b.,21·Cjr-E' (~)Ui;:J i...I.::":; t' .19C?] ~, 1,·,¡hE'r; L~u.C:: k 'v' -.
supeF·mar·kr:?"t: had a g¡·-~Ð.nc! C) plE:n j.. r,~] , U-",,' :;;;·U;'~'v"F:.'Y COLl.LiJ '/2]....·y' ~\1(;? 1. ~ I";avr,;:,.'
bE.;.\:\\n ol:;~~:;olËltE:' al" t..·c:·.:,,::\c!y
:,':} . ~'JE' aJ:::;c.) DE::'E:,:'d tc' ¡...~nc:.1;.\: ~,ih,:¡. -!::. .... l~ne c¡' r'n::':: Ci.:::~ '..,-' h: ;"'1::":" ;-~ '.::.nE:'
SU.!'''vey 11,( ,::.. ~;:_; t.¿:\!<Ef"i . J ·t· th1';? ',;;U!'oOVC'V V·J,;;;\S t6.k.E:~n bl::?t;,.~JE:'(::";"'; C) ..:'.,.:;:. -:::'. "...
p"tn" , 1.:nc:~ 5U"'''V;":.":£'Y m~~.qht nDt r·;:;:,lpf""f·.'.'-:::;';:-:';-¡t". t: ;"~.-:::.' i'''cal 1: t'·· ,~"-', f 'f 1. C CD:-:C!.7 Cl.(."J(*;
FOJ'- thE' t:.¡'~~.ff .i.c ¿~.cc: j~df:;n t.s. \.o';E: ¡,.. e m~? In :::..¡ F:: ¡.,- ~I mc¡'i::'~ \~ eo"f th;?fn h¿·:i.qpene::ci
~ .~. dar·k. s;uc:h ¿t:~i· i:i.·f "tl'.::?r- ·Li· p "f1'": n -c:.:'.\.. th.1.'~ i:-¡·j.:c:r'si.c..\ct:i.on" ::~ncl "'~;¿::' ~~;":oOmp.l. y
.~. \-.
~:;¿;¡y this b.;;;¡.'::.;~::,'d Dj"'; P:"·(·:;'\·~:;'F¡¡fït [r-i::\ f'f :ic:: arnCJut'1'i::. ¿l¡-:c! p é'. .;:~ t (~':~ ..- n hi.:i.. t hc:*'. t E\!'1';i
addition,:;,} ¿;(f],n'-lnt Elnc:1 othi::!!I'- t(*;';-;\'f -¡: i.c: F';:\. ';:: ':,~.·'3:':r"r: ::::ri':-3:ng;,:.:., .., ~. "". í~¡(E-:'\/
V"::..'..'*.:
·,app?n 1.n the fu. tur-E~ "
We b¡;.:~ 1 i.E·!Y(=¡ thE' 'Ci'-¿.¡,ffic .".*.-..".... nut. Dnly fí::;:'. t '1.::£'['-;5 W.i th t. i -¡ ~:::}
_'- ::1 ;:~ '-.\ ..:.::.
p2~DpJ.Ë' who I .i v~:-:.' .,.J:nd WCil"*k in 1.:i·1'::' n;'Ç::.;i.{.~ hi::Di'-!ìOCÔ b~.(t 't.:1·"j(;.?, !::';E'OP ,1. E~ ~\,hD
C'f tiE,' '} ÇJD thr·Cì1..}.:~:j h or' U:~;f2 t.hE nE·? ii,~i ¡'lblJY" hDed [J Li. ~::; .1 n ~"0 ~;:; ',,:; ":,\:' ~~"
Th(:'!::J''"E' 2. r~ E:.1 tOD m~;\ny unc:e[·-·t.~=".in ti.2S, no·c c 1 ;;:}.::;;.:"'c,:::'c: *.1. ·cn.;..¡;"'=' i::i_inc:.:' "
",i.'._
HCJ[AJeVE}:"~ , \<'·.1Ë' 2;\.f·e.':f C:f::?r*t¿:)..1.n thë1.t:. Dr1 c: E~ ,:;1. ¡nin i. --m ;·:'.r~k.;::.:t 1;,.:.2.th C¿,:,"· v.J;;;1,:;::.h
l'''E'placing the SË'J'··V ice stbl.ticJ!"l - .,.. the CDfTP:?J'*;t t:;'-¡E' ~:!"'d1'fic h:.L 11
~~ . ;..
sur··f.?ly Ç¡S't. W Cì ,... £~~ E:' -2.nc! our'· qu¿, 1 i. ty of Ii of,:::.' (,\ii.l1 De chi:\.nÇ!('!.:'j"
FleE,sË' ¡'"·E.I'y'iet¡.) this pE.'ti.i:.:LDfl ¿~nd VDt€-? 11¡\ic" !-'ih:.:?fï th.l'5:i m~3. t"tE:!f'"
i=:: pr~es{:?n t(':!cI to the C.i ty COt.t.nc ~L 1 .
q;;¡~~-a1ÇL
SignatL'¡"~E.'
__~~_~:}__5__.ð..t,..f~:s,,1::s__.ß.!L~___
P'i d d ¡,.. (~'"': s~ ';=:.
-..
¿'.'Lj I
~...-- ---.----...-."-. --~....
J¿¡n~ :::9:1 lc;c'.......
( iok.
DeaF' Member'-s of City Caune i 1-' City of Chul..;. Vis-ta::
On JanÞ 8, 19°/2, City F'lannin9 Commis~si.an had a Ilì€.?et.ing to
discuss sevE?¡....a 1 matters and offered public heaìF·ing on some of
them" One of the matters di~:¡,cu~5sed is to gran t conditi.onal use
pe,-mi t to Te>(B.co Refining and l"lar'·kË?ting, Inc~ located at 1498
ME:~ 1 rose AVE!nue (cDrTH2r· of E. Or'angE' St.n=1E.?t) "
Due to thE' geo(]]"'aphy~ Dnly the prcper~ty C:AJnCE.·j"'S Ir'Jithin ::::;O~)
fEet of t,he TE~}{¿:"tCO station J,."';C';;lt-E-? info!'-mE\d abou'!: this i tefl1 on thF:1
agc-?nda, {i,jhiJ.e th(·:e bus.-iness OWnE\j'·'S tAJho i:?,C tU~31 1. ';/ spend "' lc;t of
t.imc..:: \f-Jc)r-king in th;::-? nr=,ighbo:'-hoÓd hcid not b€22í1 noi:.i·f .1(2d"
As o¡ '....EtSU 1 t, thf' CDmmissiol"ì ¡::''-:::'1s,secl -.. mDtion to t2mpDi'-aY-i 1 y
appr"CJ\I£-? €I. cundi t.ionE:1.1 u~;:::.~ pc~r·m.i t pr'C)\/iciE!d t!l¿:~ t Tc.~ ;,~ <:;1C 0 will m¡::~f:;':'·¡':.
t~"';f?n ty cond.ì. t.iO!l:"5 ~:;1. ftE'i'- a 5--Z VO'1.:2 ~ ·fh(2f'-¡:!.,; tn;0.~I'''E} ~:;(~}ve¡'~21 i s SU(,"2-:'~;
men t i. oned at. t¡·1E.1 pt.tblic nt".?,,~,r··1.r;ç1 " OnE; f¡"2,~:; tr·Ð.·ff:i.:::: pE'.tt.C:'l'-n .,
(J.JE~ str·"(Jng 1 'l ff::";(,=.,l t.ha,t by ¡"'f:?de\/f21 DP i n Ç) thE~ p¡"'e:::-:;c¡;n t:
gar¿tç;el f:;¡f.':~j'-V iCË' stat.:Lc;n tD E¡cjd IT; .:L n.i ·'-Ui,:1 /'". k F' t Bi":C! -. - tA.]<:1 '~;; t) i-\'.i.ll
c '1angf? and .:::1.f'fE'ct thE; 'L¡'-¿t ff ic: p,'::',.tt¡.':?i"-n to t)r; E~\/:::Z'n hiDi"·E'E' ~;.i tUE¡·t:..1.Dn"
TE~;.{ac:o Inc~'Ë. €..':::;{¡Jlanat:i.ün WE¡S t.hr;::21'-(-:.~' h¿\d bE:::en i::r·G.·f·?i.c: -;':::U['-\/(:::,\·/ c¡()nc
by th(:? cit';/ tr-af'fic enq inE.!"i~I'~ a 1 ,"·Eti:·:·!dy ¿;¡.ncJ t.hE·? 1..··~·?su:~ t vvE;S· 1''-''.. ·CDD
n E::'.] ¿~ t::i \I ~.:? ~ E;ut: I,.-JE' -¡:C(·:'} d i, -I: :¡;c~"rf2.\n t ¿,),rìO th(:;;.' r-f!i:)¡:;.SOrì-;.='; ,", ¡ "'~. <-7.-;.::; .,-O.:.l':J!,..-,1·;: ::
i' hIE.' n¡:'?'~?G t.o ~.:nC:Íf\¡ hlhË'~j'1 t.-\I.:;;;:;:; thE!; "tr",c,,¡"ff:.Lc SU¡"'V~:?\I CD¡-"¡::'D ;..
~ I.
E{E·cal.lS2 :r it the sur"vE.?Y WEtS dC.1n&? bf..~i·DrE' P¡UÇ,1U£.;"t 1 '.:.i'¡:,:'J ~( :'~·};",,1.'3n Lu.c: k 'y'" ~:-
, . t . g¡'-dnd open.i.ng, thlO.:;" su/-\/:::-:!y c:oU.~CJ V!':2;,.....,.. wel ~ ¡";av{,;:,.;
sup2.1rmar ,:f:!;"C. ¡ao a
beE.?n ot~:::;CJ 1 (~·t21 ..3.1 F'C'¿:id y"
2) . WE'~ (,~\l so rJE\E.::C:! LC ¡<nUl,'.) ~^!¡"·i<). t, ':':: ,:L~n2 o-f "i.:n,::-: ci i;':~ '........ ~··;ne;-, .,.. r'I~:'\
su :"V(2'y' w<:~, ~~_- takEr:. I 'f thl:f !:,ur-\/E;)V t-'\;;:'.S tB.kE:~n bf?t(AiE'ff::';-': r-, .,:\" IT:·, E:.:·-¡ci
-,- -
p ~ in.. , the sur"v¡"::::y [i;içJht not r E,; r:: ¡'". £:.1 ~~, (::."' n t t,Ì'1I;D f'-'E.''::;! 1 tt"'¿!i:'~ic: cc¡nciJ '~:.:j.O{-;"
For" thE.1 t¡···i9. 'f f 1.c:: ¿:,¡ccicE-?nts ¡.....;C:: t"'(~m~?mb~,:=¡'- ~, mD·~::,t cf t.¡'I;~m hdppel"":(!2ci
-;:¡'t- dZ-£ttmk =iuc::h a~~;, "".ï"tE·r· .Q, p.m~ .c;'. ,~ t,hi~:; i;r1'::~"2r-S(·:'ct:i.,on " !:~rj"d '(''¡ ~.7 ~~::.iT:p.l. y
~_. \..
s¿,y th:Lcj b Et. ,~; ~~? d on p;r'(·.::'\~::.2n t t!'...·~. -¡:'f i c:: aff¡CjLtn t ¿'i]-~ "::1 p':::'. t "te:'--n lA.i.:l.thc:l,_'.·;:· ¿,.!')';,"
¿(ddit.ionE'J. ¿~tT;nUrìt:. i:':~ncl cther- t¡-B.·f'f l,r.: F,:;,¡'~:¡:,:::,\r'n c: h ~3. 'n Ç1 ~,-::.' v-]h:Lc:h í~¡\:;;" \1
happen in the iu. ti..tY~E~ ~
Þ..Ji"::~ t}1?:~ 1 :Lf?V{;;; thf.::: t.r-affic ., ,- .-" .,.:. nCì't. on 1 V' (i'<'::·'. ti::E"~r-s w:i.t:h ·c.ne
-,. ~~';:1 '_'. r..;'
p2C1ple who 1. ivt·., 8.nu WDi"~k in th:::.:' rìE.'i,\:;Jhb-Ci'·hoi..::Ö b:".(t thc' Pf:'::'O¡:J}.:;:'· IAJhn
c'f te.1f"j ÇtD thr"CìI...!.ç~ h or" u~::;[,=! thi? tiE' j.i;~ ¡'""Ibof"" hDoe! b i...í. ~; .i n (? ~;~ .,:::. F:.~':~ "
ThfE;!'''e.¡ 21'-f? too ma:ny Ltnc:E·¡....·ta.:Ln ti.es not c 1 ;:;;2 i..··('Z'C: _.t. th.i,,¡;~ L .1.. [!""¡(~~ "
c.i'...
HOf¡\JE'VC:-- , \Ale ",:;ir'e c E:~ r- tEl i n th¿it c:;ncF.~ a m.i n i. --tn¿-?. r-!...: (2 t. Il...:.ith CE,¡!'"" ~..~ Ô. ~;;;. h
F'eplacin:';'ì the SE1i···vic&'? station ~:\ '':: th,;? C::C.1rnet-· ~ ti·'E' ~:i'"·2 f 1= ic ~'.;i 11
sUl'"'€?l y Ç¡fi.·t. wtJ,'-=:,e E'.nd CJU r~ quali.ty of ]. .:i. ·fr=., 011.11 DC C ht:~ng~.;:;d.
Fleasf::' j"'f2V1.f?:rJ this pE.\ti. tiOJl ¿tnd vote IINcH ""'ih;:::..1n t.h5_'E: m¿'.ttc.;.:...·
is pr-esen t€2Cj to the, City Counc:i 1 ~
~A~2 _,ø-
- i g~~;-t~;-;~;;-D-;.:, ,,~~J-L.-i-:¡;¿T:¡;;~-Y'r .--
~,~€:g:._Q0.-~I'LC<l0Ci:::r{}1k.!iç, (JI·~ ~ ,,f,;;,
hGd, _== 1
1.
¿-Lj'¿
--- -,,_...,-,-._- ---~._----- ~_._--------~_."- ----.--
Janu ~o 1992
..::. ~ ,
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City Pla,nning Commision passed a petition
a 5-2 vote to grant a conditional use permit to Te"aco
ing and Marketing, Inc. to redevelop their service station
Melrose Ave. to add mini-mart and car wash.
We strongly feel that our quality of life in this
hborhood will be affected by this change.'
·Presently, there are already four business establishments in
neighborhood carrying beer, wine and/or liquor. They ar~e
's supermarket, Bobar Liquor and Grocery, ì-Eleven Store and
Inn., respectively. By adding Te:<aco min i -m".r-ket,
re will be one too many in our neighbor-hood. w,=- live at a time
we try QUI'- best to educe? te oLlr children and everyone - lIDo
mi~{ drinking ·and driving at all II . And yet, we ar~e going to
ow a sel-vice station changed to have beer a.nd wine license,
h will be somethingadditional for the ser·vice station. What
of message we are tl'''ýing to announce to our society?
In recent years, youth gang activities have been in a rise
'our neighborhood. Our neighbor'hood, the residents and some of
business establishments together, has put up VEF'Y big effot-ts
eliminate those activities. Chula Vista F'e; 1 ice Department can
tify this fact. We believe that once a mini-mal....t is built in
corner prop,?r-ty operated by young cleF'ks ~'\Ii th 1 iiTii ted·
iness skills and interests, the gang activity will definitely
se again. We !!Io.not want to see our quality of life become
worse despi tE', our a 1 rE,ady bad enough ecotlomic. situation.
The¡....efot"'"f? , we urge you vote IINoH on our peti tio!"; if +-' .
....nL£-
matter comes up before you" Thanks a millionu
ernX_ ~
~--- -
~=:;n~ Ii (Ijµ& r/;;; ~_
¡0¡dd¡-ess
1
¿_ll}
-_.~---._..~-~._- ---_._~----,.._---_._-~_.,._-----_..---_._..__._-
aan. 29~ 1992
Members of City Council
City of Chula Vista
On Jan. 8, 1992 City Planning Commision passed a petition
with a 5-2 vote to g~ant a conditional use pe~mit to Texaco
~efining and Marketing, Inc. to redevelop their service station
at ~498 Melrose Ave. to add mini-mart and car wash.
C We strongly feel that our quality of life in this
:~eighborhood will be affected by this change.
, Presently, there are already four business establishments in
.p\.lr neighborhood can-ying beer, wine and/or liquor. They are
h::ucky's supermarket ~ Bobar~ Liquor and Grocery, 7-E 1 even Store and
~20reboard Inn., respectively. Byaddlng Texaco mini-market,
,there will be one too many in our neighborhood. We live at 2 time
that we try our best to educate our children and everyone - liDo
n'ot mi~{ drinking 'ancJ driving ¿it all fl. And yet~ we arne ÇJoing to
a~low a service station changed to have beer and wine license,
'~hich will be something additional for tÞ\2 service station. What
k'i-ild of message we 21--e t!--~'ing to annCLtncE.\ to our society?
In recent years, youth gang activities have been in a rise
our neighborhood.' Our neighborhood, the residents and some of
business establishments together, has put up very big efforts
to eliminate those activities. Chula Vista Police Department can
~~stify this fact. We believe t~lat once a mini-mart is built in
.the corner property operated by young clerks with li~ited·
business skills and interests, the gang activity will definitely
rise again. We ~o not want to see Oltr quality of life become
worse despite our already bad enough economic situation"
Ther'''efor£?, we urge you VDtf=:: IINe-'f or: cur petit~ion.if this-,
matter comes up before VOLt" Thanks a millior.
tù.J_______
_____________'!:!~L/ 60p d r
Cdl""'JS (
, . Ca.. 9/911
I
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-.. ---. ..-. -'.------'-'.- ...-------...."-
Jan~ 29!1 1992
Members of City Council
City of Chula Vista
",yi'.. On Jan. 8, 1992 City F'1,;;>,nning Commision passed a petition
. .··"",it'll a 5-2 vote to gJ--ant å conditional use per-mit to Te:<acD
;';Fi",f·ining and Marketing, Inc. to redevelop their service station
;.>:à·t'Ü498 Melrose Ave. to add mini-mart and car wash.
,., ;. A.'·'!!:'':" We strongly feel that our quality of life in this
;.";'·'i;,·\·¡n·ê~ghborhood will be affected by this change.'
'\t ,-'-:?~,·,'->·~';;:i'~~:: Presently, there arE? already four business establishments in
.;,...·}¡V;Q~ìr neighborhood carrying beer, wine and/or 1 iquor. They are
'." c. .,.¡.¿......._._,.·c...
. ;A·. :.;;·.;¡j.;ét¿;1,lcky· s supermarket, Bobar Liquor and Grocery, 7-El even Store and
.;.'. ·;;·:\YS26,"eboard Inn., respectively. Byadding Te><aco mini-market,
~*hère' will be one too many in our neighborhood. We live at ,3 time
";' ·that we try our best to educate our children and everyone .- "Do
;';not mi>< dr'inking ·and driving at all". And yet, we .;;>.r-e going to
._'_h~.~i,,:à).low a sef-vice station changed to have beer and ItJine license,
.; ·)·j;¡tìi.ch will be something additional for the service station. What
",'; .<tf:Jr~:nd of message we 2i--e tl--ÿinç¡ to. announce to OLlr society?
·':;;(:,:':'~'!i]-:::;i~7':~~¥~.:': In recf?nt yea!,:"s, youth gang activities have been in a rise
",:: ,:,:-'~^i;::·~,,:;i.b,i our neighborhood.' Our neighbol'-hood, the residents and some of
.. .,:.·:,tl]!" business establishments together, has put up ve,-y big effOl-ts
'J(":'>:'i,,~C?"eliminate those activities. Chula Vista Police Depar-tment Céì.n
~. ;:,::A~:testify this fact. We believe that once 2. mini-m¿u,..t is built in
'¡the corner property operated by young clerks with li~ited·
þusiness skills and interests, the gang activity will definitely
rise again. . We ~o.not want to see our quality of life become
w6rse despite our already bad enough economic situation.
The¡'-efol'"'"f?:, we urge you vote IINcH on our petition if this
matter comes uø before you~ Thank' a million.
~J/~
gnature
SC./¥/L rl cv.
P.ddl"ess 9/11/
1
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_._---._.._.._-~ ..-..,..-.---.-....--------.--------.-,,--..-...--
Jan~ 29 !'I 1992
Members of City Council
City of Chula Vista
On Jan. 8" 1992 City.Planning Commision passed a petition
a 5-2 vote to gJ"ant a condition".l Lise per-mit to Te;.:aco
ing and Marketing, Inc. to redevelop thei ,. service station
498 Melrose Ave. to add mini-.mart and car wash.
We strongly feel that our quality of life in this
hborhood will be affected by this change:
. Presently, there are already four business establishments in
neighborhood carrying beer, wine and/or liquot-. They are
's supermarket, Bobar Liquor and Grocer-y!'l 7-Eleven Stor-e and
Inn.., respectively. By adding Te~·:aco Olin i-mar¡".~et,
will be one too many in our neighbor-hood. We live at a time
we try OLW best to educ".te our childrE'n and everyone - liDo
mi~{ dr-inking and driving at allll.. And yet, we aTe going to
ow a service station changed to have beer- ¿I,nd wine license,
h wi 11 be something add itiona 1 for the service .station. Wh'¿:,t
of mes!5age we ai"'e trŸing to announce to our society?
In recl!=nt years, youth gang activities have been in ", rise
our neighborhood.- Our neighborhood, the residents and some of
business establishments tcgett'"rer, ha.s put up vet-y big effo¡.-ts
eliminate those activities. Chula Vista Police DE·partment ca.n
tify this fact. We believe that once a mini-mart is built in
cornE.l "" prope,-ty operated by young clerks ~~ith 1 iir.i ted·
iness skills and ·interests, the gang ".'::tivity will definitely
".gain. We eIo,not want to seE ou!'~ quality of life become
worse despite , our already bad enough economic situation~
Therefol'"'f¥, we urge you vote IINon on our petitic.r1 ... thj~s
l,
matter comes up before you" Tr'"rB.nks a million"
1$/Ifr,~ ..~~
tJJ.gnature
ß;<f_Þ~~'
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-- _.._..~--,---~-- "- -~-_._~._--_...._."-_.__.._--_._-~-_....__..
Jan.. 29!{ 1992
Members of City Council
City of Chula Vista
..,<., On Jan. 8, 1992 CJ.ty.F'I".nning Commision passed a petition
~ith a 5-2 vote to grant a conditional use permit to Texaco
;Ret'ining and ~1arketing, Inc. to redevelop their service station
ii'(é~'£';:1498 Melrose Ave. t¿' add mini-mart and car wash.
.' ..,~'it;A::. We strongly feel that our quality. of life in this
;'.;," .;;>Irie,ighborhood will be affected by this change;
.'~,!, ""::··iii.',·J Presently, there are already four business establishments in
.;.,/,\~;þÙr', . neighborhood carrying beer, wine and/or 1 iquor. They ar-e
";~.<~~ ·~~:&,;~b~~,fky· s supermarket!{ Bobar Liquor and Grocery, 7-El even Store and
·/·:kS¡:êJI-eboard Inn., respectively. By adding Te"aco mini-market,
"<~·:;'>':t:tlère will be one too many in our neiqhborhood. Wí~ live at 2, time
,¡:;<+,·"_t,,rat we try our best to educ-2.te our ~hildren ¿,nd everyone - liDo
.'>.:{."'þ.t mi}~ drinking ·and driving at alII>.. And yet, we ar~e going to
..,",,:,_:;:':-~":~llow a ser'vice station changed to have beer- ¿I,nd JrJine license,
'¿~~~f.'-:Y'::"~,·~·~~fÎ~ich will be something.additiona.l for tt-'Ie service station. Wh'at
;:''-,'" ,_.\/Jt;i'.nd of message we ar-e trying to. announce to our society?
/ ·,\~::~-;~r,.:"g~:~:NE,J/, In rec~nt year.-s, youth gang activities have been in a rise
:'} ~.:'> ;,:_~;:~:·<;,~~,~tb,,1 our neighborhood.' Our neighborhood, the residents and some of
·;··..,the business est".blishments tooether-, has put up very big effor-ts
. ":'.::,·,:-",,",C', -' ,
.~:__:~} "\;~'~~;\,;~~:eliminate those activities. Chula Vista Police Depar-tment can
f_i.:,;g::,';:¡"'t::estify this fact. We believe that once a mini-mart is bui.lt in
~~e corner property operated by young clerks with li~ited,
business skills and interEsts, the gang activity will definitely
rise again. We ~o.not want to see our quality of life become
w6rse despite our already bad enough economic situation..
Therefor~, we urge you vote "Noll on our petition if this
..Hoc como. "' ,.,"CO ",_,_ T~~
SignaturE'
c:9(R~ ck~ß e¡; 9/ý'~
¡Odd I"ess
1
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-- - --..--.-.--'- -"~~---,,---~-~-~--~,~-,---- ~--
COUNCIL INFORMATION
January 28, 1992
To: The Honorable Mayor and City Council
Via: . j/ ~ -¡;r
John Goss, City Manager : 0 . A
0f)f
From: Bob Leiter, Director of Planning .m ~
Subject: Proposed Zoning Amendment to Allow Automated Drive-Through Car Washes
in C-N Neighborhood Commercial Zone
At the meeting of the Resource Conservation Commission held on January 27, 1992, it was
MOVED by Member Kracha, SECONDED by Member Fox, with a vote of 5-1 (Member
McQuade voting against) that the Negative Declaration for 15-92-12 be adopted.
The RCC further requested that Council be informed that to the extent possible, they would like
to see the amendment include the following requirements for all car washes:
1. Catch basins for toxies;
2. No net increase of water consumption;
3. Use of recycled water.
If it is not feasible to include this in the zoning ordinance, then the Commission requests that
staff require the above three conditions for all future car washes.
RAL:BR/nr
(Texaco)
o ~L/~
_..~_..,- --...-...-----..--...--..
COUNCIL AGENDA STATEMENT
Item -r.s::::. 7
í ~ Meeting Date01/!6:Q2.
0,<,\\0 '-\41'12..
ITEM TITLE: ,¿;. Ordi~d'~e ,;, 1./9:; Adding Chapter 8 . 25
~\>;¡and Renumbering Section 8.24.195 of the
, :\)~. la Vista Municipal Code Relating to
~~r' Mandatory Recycling.
~(,(;¡~9 B. Resolution /(, "18''1 A p pro v i n g the
S Mandatory Recycling Ordinance Promotional and
Enforcement Program, Adopting Council Policy
and Appropriating Funds Therefore.
C. Resolution //,'18'$ Amending FY 1991-92
BUdget to Add a Temporary Position In
Unclassified Service in the Environmental
Management Unit and Appropriating Funds
Therefore.
SUBMITTED BY: Conservation Coordinator /(f;
1/-'7
REVIEWED BY: City Manage ..~ (4/5ths Vote: Yes-X-No___)
v
BACKGROUND: In March of 1988 the County Board of Supervisors
directed that the County's solid waste ordinance be rewritten by
July 1, 1991 to institute mandatory recycling if a 30% reduction in
the amount of wastes going to County landfills was not achieved by
that date. By the spring of 1991 only a 17% reduction had been
achieved. Consequently, on June 11, 1991, with the pending closure
of the San Marcos landfill, the Board of Supervisors adopted a
Mandatory Recycling Ordinance.
The County's ordinance prohibits designated recyclables from being
disposed at County owned landfills under a phased implementation
schedule. All cities in the County are required to adopt and
enforce a mandatory recycling ordinance, or the County will conduct
load checks on refuse vehicles entering the landfills and assess
surcharges on vehicles found to contain recyclables.
0.
.
Specifically, the County's Ordinance includes five major elements:
1- Designation of materials to be recycled from residential,
commercial, and industrial sources;
2. A requirement that all collectors providing services in
the unincorporated areas must provide their customers with
collection of designated recyclables in accordance with the
regional implementation schedule;
3. A requirement that waste generators in the unincorporated
areas of the County must store designated recyclables
separately from solid waste for pick-up;
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~. - .-- -. --.-~--.------_....-.--..-.,-.."-..." ---'-"-"-'-"--'..- .'.-'-'--~"--"'._----"-- ------
4. A prohibition against disposal of designated recyclable
materials with mixed refuse at County solid waste facilities,
and a schedule for implementing enforcement measures;
5. An exemption from inspection for vehicles carrying loads
from cities that have adopted and are diligently enforcing
approved recycling provisions similar to the County's
ordinance.
This report describes the proposed mandatory recycling ordinance
for the city. As proposed, the ordinance would meet the
requirements of. the County's mandatory recycling ordinance and add
new definitions of refuse to the Chu1a vista Municipal Code to
reflect the current situation of integrated solid waste management.
This report also describes a recommended use of the Waste
Management Trust Fund to subsidize printing and distribution of
promotional and enforcement materials and the hiring of a temporary
intern to assist with the initial implementation of the proposed
ordinance.
The proposed ordinance (contained as Attachment A) requires action
now in order to meet the County's timetable for mandatory recycling
· implementation in the South Bay region, and to allow staff to m~ve'
ahead with the development of promotional materials relating to
Chu1a vista's program for mandatory recycling. However, minor
technical changes to the Chu1a vista Municipal Code will be brought
to Council within the next 45 days before the proposed ordinance
goes into effect, as follows:
1- Modernization of Chapter 8.24 of the CVMC to bring it in
line to reflect the current status of solid waste management and
programming.
2. possible amendments to the Laidlaw Franchise Ordinance
· Agreement and the EDCO limited Franchise Ordinance Agreement,
as
relates to fee establishment. Similar problems with language
consistency will be resolved when the proposed Bay cities limited
Franchise Ordinance Agreement ret~rns to Council.
RECOMMENDATION:
1- Place Ordinance adding Chapter 8.25 to the CVMC on first
reading. ,
,
2. Adopt the resolution approving the promotional and enforcement
· program, Council policy and appropriating funds.
3. Approve the resolution amending FY 1991-92 budget to add a
temporary, part-time intern position in the unclassified
service and appropriating funds.
.
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is:~
'( ~'-
BOARDS/COMMISSIONS RECOMMENDATION: At its January 20th meeting the
Resource Conservation Commission unanimously (5-0, 2 absent)
recommended that the City Council adopt the proposed Mandatory
Recycling Ordinance. Copies of the draft ordinance were also
forwarded to the Chamber of Commerce for their information.
DISCUSSION:
Intearated Waste Manaaement in Chula vista
In the last few years Chula Vista, along with thousands of other
cities across the nation, has drastically changed how it manages
its solid waste. In April, 1990 the City Council adopted a policy
on integrated waste management that describes the city's commitment
to recycling as an integral part of a comprehensive waste
management system and set a goal of diverting 30% of the solid
wastes generated in the city by 1992.
In its recycling and integrated waste management policy, Council
recognizes that recycling goes beyond laws--that it is important
that a strong recycling ethic be developed and supported by all
individuals that live and work in the city. Council, through this
policy, had the foresight to recognize that benefits from recycling
and waste reduction--conserving landfill space, water, energy and
resources, preserving open space and creating employment
opportunities--are realized by all Chula Vista residents and
businesses.
No Fundamental Chanaes Needed
To achieve the waste reduction goals and to fulfill the diversion
requirements under AB 939 (25% by 1995; 50% by 2000) the first
Citywide recycling program was implemented last February for all
single-family dwellings. Last August, Council participated in a
recycling workshop at which staff recommended a program action plan
to implement recycling in all sectors of the city (residential,
commercial, and industrial).
While it may bring images of "trash cops" to mind for some,
mandatory recycling will not fundamentally change the direction of
waste management in the city. The steps that have been taken in
implementing the Single-Family CUrbside Recycling Program, the
Pilot Home Composting Project, and the Business Recycling Outreach
Project, have already.' brought about changes in the habits and
thinking of Chula Vista residents and businesses.
with these programs in place and plans being developed to implement
additional recycling programs for commercial, industrial and multi-
family dwellings, mandatory recycling can only assist the City in
meeting its diversion goals under State law, and for the long-term
wellbeing of its citizens and environment. T~e designated
recyclables unde~ the mandatory recycling ordinance for single-
family residents--aluminum, tin/bi-metal cans, glass bottles/jars,
household plastic bottles, and newspaper--are currently collected
3
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_._._~- - -- - - --.-_. --- - - -.'. -' --~---'--'-"~-'-"----_._~._-
at the curb. Since all single-family residents pay for curbside
collection, this convenient service will allow for relatively easy
compliance for those residents currently not recycling.
The Costs of Not Adoptinq and Enforcinq a Mandatorv Ordinance
Under the County's mandatory recycling ordinance, cities that do
not adopt and enforce a mandatory recycling ordinance similar to
the County's, will face surcharges levied on refuse trucks entering
the landfill. In Chula Vista, eight (8) trucks service the
residential sector, each dumping two (2) to three (3) loads of
refuse each day. If just two trucks are assessed the first
surcharge ($25) each day during the first month, the fines could
amount to $1000 for the month. During the second month, presuming
that only two trucks are fined each day, at $50 per truck, fines
could rise to $2000. In the third month, at $100, fines could
amount to $4000. Refuse vehicles entering the landfill thereafter
could continue to be assessed a $100 surcharge.
As Council and the public are painfully aware, disposal charges
continue to rise each year as regional landfills near capacity and
associated collection and dumping costs escalate. These increases
are unavoidable and disposing of our trash will never again be
cheap. However, through recycling and waste reduction, long-term
costs for waste disposal should be off-set through reducing the
amount of refuse disposed at landfills. If refuse trucks entering
the landfill from Chula Vista are assessed the above surcharges at
County landfills, these charges would inevitably be passed on to
the customers. These charges would have a dramatic affect on
refuse disposal costs, leading to even greater, unanticipated
refuse rate increases.
Emphasis on Voluntary Participation
· Many Chula vistans are already recycling. The city's CUrbside
Recycling Program has a participation rate of 60-75%. Over 800
waste reduction and recycling questionnaires have been received
from a mailing to all businesses .in the city; approximately 25%
indicating interest in receiving information about recycling and
technical assistance in recycling program set-up. Staff's aim has
been to design a fair and effective mandatory recycling enforcement
program that primarily relies on voluntary compliance through
public education. ,
"
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Educational materials will be developed that clearly explain the
need to recycle, compost, and otherwise reduce our waste disposed
· at landfills; what is designated as recyclable under the mandatory
ordinance; and ways to recycle in the City. Voluntary compliance
with the City's recycling programs will be sought through a wide
ranging program of public education, media coverage, forums, and
civic and business association involvement. Additionally, the
County of San Di~go has recently contracted for development of a
regional promotional program that will inform citizens about the
County's mandatory recycling ordinance.
4
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ImDlementation
Under the proposed ordinance, mandatory recycling would be
implemented first for single-family residential dwellings.
Residents received notification of the proposed ordinance both in
the recent Chula Vista Quarterly, as well as an insert in the last
refuse billing. Staff proposes to develop a doorhanger that would
be distributed to all single-family residents door-to-door by the
California Conservation Corps. The doorhanger would explain the
need to recycle; the mandatory recycling ordinance and designated
recyclables; the potential penalties for not recycling; and ways
that residents can recycle in Chula Vista.
Commercial, industrial and multi-family promotional materials will
similarly be developed on an appropriate timeline. Attachment B
contains the proposed city Council Policy for the promotional and
enforcement program; Attachment C outlines the proposed enforcement
program and schedule for single-family residents.
The proposed enforcement program will seek to identify and
communicate directly with individual residents, businesses, and
industries that do not voluntarily comply with the provisions in
Chapter 8.25. Warning stickers would be left at the premises of
those violating the ordinance, during the first three (3) months of
the implementation schedule. Residents and businesses that
continue to violate the ordinance would then receive several
letters of warning and potentially a site visit prior to any fines
being assessed. All residents and businesses would be encouraged
to consult with staff regarding the ordinance and any violation
notices that they feel have been unfairly given.
Staff have developed a program that they believe will be effective
and reflects the most efficient and cost effective means of
enforcement. As a key player in the initial enforcement step for
single-family mandatory recycling, the City's contracted waste
hauler, Laidlaw Waste Systems, lends its support to the proposed
ordinance and enforcement program. Beginning in the third month
from the initial implementation schedule, Laidlaw refuse collectors
will monitor the placement of designated recyclables in refuse
containers. If the driver finds recyclables in the refuse
container, a warning notification sticker will be left on the
container; the address of the violator will then be called into
Laidlaw Dispatch. ,
f
A listing of ordinance violators will then be forwarded to the city
to be entered into the Building and Housing Department Complaint
Tracking System (and, potentially the Geographic Information System
when installed). The Conservation Coordinator and Code Enforcement
staff will act as the primary enforcement agents.
Staff proposes the temporary hiring of a part-time intern to assist
in the initial !mplementation phases of the enforcement program
(May-August). The intern's responsibilities would include:
assisting in answering citizen inquiries; data entry to track
5
-I'S 1'.5'- f
- ._--,,, .-.- _._~- ._.._,,-~._- ._._--_._...--~-----._.,--_.,,---------
ordinance violators; assistance in enforcement through
dissemination of letters to ordinance violators and assisting code
enforcement officers in the field.
The Conservation Coordinator and Code Enforcement Officers will
conduct field visits and work directly with ordinance violators to
gain compliance without pursuing penalties. It is proposed that
enforcement of the ordinance be pursued through existing staff.
Enforcement duties required of the Conservation Coordinator and
Code Enforcement staff will be closely monitored in order to
determine if the additional duties are having an adverse impact on
respective workloads.
The staffing issue will be revisited in July or August when more
data is available regarding the extent of violations and the
staffing necessary to effectively enforce the ordinance. As
Council is aware, the City is currently receiving tonnage grants
from the County amounting to $7.75 per ton for every ton of
recycled materials diverted from the residential wastestream. The
county specifically created this grant program for use in
enforcement of mandatory recycling. Although it is not the subject
of this proposal, the tonnage diversion grant would be a potential
revenue source for addressing additional staffing needs once they
can be determined.
,
Options
The proposed ordinance goes beyond the County's requirements in
several ways:
1. In an effort to create an ordinance that will be effective
for the short-term and the long-term, several requirements are
proposed for commercial establishments. Placement of the
requirements in the ordinance will allow businesses to have more
time to prepare for the requirements, and assist staff in
development of citywide commercial recycling. Requirements
· include: 1) section 8.25.040, which provides guidelines for the
separation, storage and collection of recyclables; 2) section
8.25.060, placing responsibility on commercial and industrial
establishments to develop their own "in-house" recycling plans;
and, 3) Section 8.25.070, reqUiring commercial and industrial
establishments to submit recycling tonnage documentation. Such
documentation will aid, the City in complying with State law AB 939.
.
2. section 8.25.020, Definitions (Plastic Bottle): The
County's mandatory ordinance requires that only "plastic beverage
bottles" be recycled. The proposed ordinance for the City requires
that all household plastic bottles (including detergent and shampoo
· bottles) be recycled, as all household plastic bottles are
currently collected in Chula vista's Curbside Recycling Program.
3. section ~.25.080, Scavenging: An anti-scavenging law is
needed in the City in order to discourage the unlawful removal of
recyclables from recycling bins.
6
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· ì;~
4. section 8.25.090, Composting: As directed under the pilot
Home Composting Ordinance regulations on composting have been
developed.
FISCAL IMPACT: The full cost of the promotional and enforcement
program for the mandatory recycling ordinance is estimated at
$14,238, proposed to be appropriated from the Waste Management
Trust Fund. The cost of the temporary part-time intern for two
months is estimated at $1,523. The cost for printing of the
doorhanger (23,300 doorhangers) and notification stickers (5000
stickers) is estimated at $3,220; design (graphic and partial
Spanish translation) estimated at $150; and postage $145 (500
enforcement mailings). The cost to contract with the California
Conservation Corps for distribution door-to-door of the doorhanger
is estimated at $9,200.
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THIS PAGE BlANK
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Attachment C
Enforcement Timeline for Sinqle~Family
Residential Mandatory Recyclinq
step
One F.~ruary and March: Beqin promotional effort. Materials
shall consist of doorhanqers and an insert in refuse
billinq¡ media contact will also be made. Materials will
explain why the City is taking this action (e.g., state
and County law, to assist in regional solid waste
solutions, and lonq-term health of Chula Vista's
environment and citizen wellbeinq) ¡ what's required under
the ordinance (designated recycla~les); and ways to
recycle in the City (curbside, buyback, donation).
step '!'wo March: The refuse co~lector shall leave a notice of
violation with any residence not in compliance with the
ordinance. The warninq shall describe the potential
penalties for noncompliance, and other information
similar to the promotional materials. stickers will be
utilized to convey the notice of violation; to be placed
on refuse containers (the actual adhesive part of the
notice will be approximately 1 inch wide to allow for
temporary adherence to the refuse receptacle, without
leavinq permanent marking).
step
Three April: step Two above shall continue.
step
Four May: step Two above shall continue.
step
Five June (and continuing thereafter) : All ordinance violators
will receive the warning notification described above. At
this point, actual tracking of the violators will begin.
Laidlaw refuse collectors will call in to Laidlaw
dispatch the address of any resident whose refuse is
found to contain designated recyclables. Laidlaw will
then forward to the City a listinq of all those not
complyinq with the Ordinance. Addresses will be entered
into the computer tracking system, allowing for levels of
violation ~<> be tracked (e.q. , first notification,
second, etc.). Code Enforcement officers and the
Conservation Coordinator will follow up as outlined
below.
.
If'1-
"1-1
~..~_._~_._--_._.~..__..-.-..~._-
Code Enforcement Action
I'irst
Action: A letter from the city Manager, Conservation Coordinator,
Senior Code Enforcement Officer, or other designated
individual(s) describing the need to recycle, the
Mandatory Recycling Ordinance, and the potential
penalties for noncompliance.
Second
Action: Same as first action.
Third
Action: If noncompliance continues, a letter from the city
Attorney stating that continued noncompliance will result
in c:J;'iminal prosecution and potential imposition of
fines.
I'ourth
Action: Criminal prosecution (Court summons) for continued
violations.
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6/~
ê-Ib
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sample warning Notification
RBCYCLDG
rors IIOT Glunt1GB. rors TIIB LAW
Recycling conserves resources and
saves landfill space. By recycling
household products, reusing
materials, and reducing waste, Chula
Vistans help the environment.
The City of Chula Vista in order to
comply with state and County
recycling laws and to help conserve
Chula Vista's natural environment
for future generations has
implemented a Mandatory Recycling
Ordinance.
Your refuse was found to include the
following designated recyclables:
- ALUMINUM
- GLASS BOTTLES AND JARS
- NEWSPAPER .
- PLASTIC BOTTLES
- TIN AND BI-METAL CANS
- APPLIANCES
- HAZARDOUS MATERIALS
Please do not mix designated
recyclables with your trash. Store
recyclables separately for
collection in the blue bin provided
through the City's residential
recycling program. Or if you
prefer, take your recyclables to a
recycling center.
To receive a blue bin and sign up
for curbside recycling collection
call Laidlaw Waste Systems at 421-
9400. For the location of the
nearest recycling center, call the
San Diego County Recycling Hotline:
1-800-237-2583. For more
information about the Mandatory
Recycling Ordinance call the City
Manager's Office 691-0531.
Violators of the Mandatory Recycling
Ordinance are subject to fines in
accordance with the Chula Vista
Manicipal Code.
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ORDINANCE NO. 2492 "~Ot)"'IOJ\¡
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 8.25 TO, AND RENUMBERING SECTION
8.24.195 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO MANDATORY RECYCLING.
WHEREAS, the City of Chula vista recognizes the importance of
preserving limited and increasingly valuable landfill capacity,
conserving natural resources, and protecting the environment; and,
WHEREAS, landfills across the Country are becoming full and
the Otay Landfill that serves South County is projected to reach
capacity near the end of the decade; and,
WHEREAS, conventional methods of solid waste disposal such as
landfilling have become increasingly problematical for a variety of
reasons relating to cost, competing land usage, citizen concern,
and environmental protection; and,
WHEREAS, reducing, reusing, recycling, and composting solid
wastes can contribute significantly to aChieving the environmental
goals of the city and have the potential to reduce the financial,
environmental, and community burden of solid waste disposal; and,
WHEREAS, State law requires each local government to reduce 25
percent of its solid waste by January 1, 1995 and 50 percent of its
solid waste by January 1, 2000; and,
WHEREAS, the County of San Diego Board of Supervisors in June,
1991 adopted a Mandatory Recycling Ordinance that prohibits
designated recyclables from being disposed at County-owed landfills
under a phased implementation schedule; and,
WHEREAS, the depositing of used newspapers, glass, aluminum
and bi-metal cans, plastic bottles, yard waste, construction
debris, office white paper, computer paper, and other designated
recyclable materials outlined herein, and as may be amended by
future ordinances for recycling purposes from the residences,
businesses, and industries in the City of Chula vista for the
reasons hereinabove set forth, will implement the State law and the
County Ordinance and fosters and promotes the general public
interest; and,
WHEREAS, experience and data from communities across the
country have shown that mandating source separation of refuse into
recyclable and non-recyclable materials greatly increases .the level
of citizen and business and industrial participation in municipal
recycling and solid waste reduction programs; and,
1
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WHEREAS, citizen and business participation in the City's
recycling, composting and solid waste reduction programs will also
be enhanced by implementation of a comprehensive public information
campaign regarding the purpose, procedures, and requirements of the
city's recycling effort;
NOW, THEREFORE, the City Council of the City of Chula Vista,
California, does ordain as follows:
SECTION I: That Chapter 8.25 is hereby added to the Chula
vista Municipal Code to read as follows:
Sec. 8.25 RECYCLING
Sec. 8.25.010 PURPOSE AND INTENT
A. The purpose of this Chapter is to provide standards for
integrated solid waste management to include source reduction,
recycling and composting of solid wastes, in order to provide for
the long term health, safety and welfare of Chula Vista residents
through extending current landfill capacity, preserving resources,
and providing for the general protection of the environment. The
chapter provides for regulation of the storage, collection,
transportation and recovery of marketable and recyclable materials.
B. It is the intent of the City Council, pursuant to the
requirements and provisions of the Health and Safety Code of the
State to enter into a contract or contracts or adopt a franchise
ordinance with such terms or conditions as may be agreed upon and
as may be deemed fit by the City, for the collection and marketing
of recyclable materials, compost, or otherwise recoverable
materials within the City.
Sec. 8.25.020 DEFINITIONS
A. "Aluminum" means recoverable aluminum materials such as
used beverage containers, siding, screening, and other manufactured
items.
B. "Bulky Waste" means large items of solid waste such as
White Goods, furniture, large auto parts, trees, stumps and other
oversize wastes whose large size precludes or complicates their
handling by normal collection, processing or disposal methods.
C. "Buy-back Center" means a facility which pays a fee for
the delivery and transfer of ownership to the facility of source
separated materials for the purpose of recycling, mulching or
composting.
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D. "Cardboard" means post-consumer waste paper grade
corrugated cardboard (grade #11), kraft (brown) paper bags, or
solid fiber boxes which have served their packaging purpose and are
discarded and can later be reclaimed for collection and recovery
for recycling. Until the market will allow for efficient and cost
effective recovery of cardboard coated with wax, such materials are
excluded from recycling and shall remain excluded from recycling
until adopted by ordinance.
E. "Collection" means the act of collecting Solid Waste
materials, or Recyclables at Residential, Commercial, Industrial,
or governmental sites, and hauling it to a facility for processing,
transfer, disposal or burning.
F. "Commercial" for purposes of this Chapter, means any
nonresidential and short-term residential establishment which
accommodates businesses of two subcategories: 1) Office or 2)
Hospitality.
G. "Commercial Recyclables" means recyclable materials from
the two commercial subcategories of Office and Hospitality.
Materials include, but are not limited to: Office Paper, Cardboard,
Newspaper, and Aluminum from Offices; and, Cardboard, Glass Bottles
and Jars, Plastic Bottles, Aluminum, Tin and Bi-Metal Cans, and
White Goods from Hospitality establishments.
H. "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are source
separated from the municipal solid waste stream.
1. "Composting" shall mean the controlled and monitored
process of converting organic wastes into Compost.
J. "Construction Waste" means the demolition, dredging,
grubbing, building, and rubble resulting from construction,
remodeling, repair, and/or demolition activities on housing,
commercial, governmental building, and other structures and
pavement.
K. "Contract or Franchise Agent(s)" means any person or
entity designated by the city Council pursuant to Article XII of
the City Charter and Chula Vista Municipal Code, Chapter 8.24, as
being responsible for administering, directing, supervising,
collecting, operating and/or providing for the disposal or transfer
of refuse, or the collection and/or processing of Designated
Recyclables.
L. "Curbside Collection" means the collection of designated
recyclables from the residential wastestream from the curb or
alleyway. May include single-family, mUlti-family residences and
mobil home trailer courts that receive curbside collection of
refuse or that are otherwise specially designated as having
curbside collection.
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M. "Designated Recycling Collection or storage Location"
means a place designated by the City Manager in conjunction with
the Contract or Franchise Agent (s) for pick up or storage of
recyclables segregated from other waste material. Designated
Recycling Collection or storage Locations include, but are not
limited to, the curbside of a Residential neighborhood, or the
service alley, loading dock, or basement of a Commercial
enterprise.
N. "Designated Recycling Containers" ("Containers") shall
mean those containers or receptacles designated by the City Manager
or its Contract or Franchise Agent for pick-up or storage of
Designated Recyclables.
o. "Designated Recyclables" means materials that are
recyclable, reclaimable, and/or reusable within the following
categories of Residential, Commercial and Industrial and as defined
more specifically herein within each category. Any material having
an economic value on the secondary materials market or that is
otherwise salvageable shall be included and/or other materials that
have been separated from other Residential, Commercial, or
Industrial Solid Waste for purposes of being recycled for resale
and/or reuse, and placed at a Designated Recycling Collection or
Storage Location or in a Designated Recycling Container for the
purpose of collection and processing, or any materials collected
under a mixed waste processing program.
P. "Garbage" means all kitchen and table waste, and animal or
vegetable waste that attends or results from the storage,
preparation, cooking, or handling of food stuffs~T except organic
wastes separated therefrom and used in Composting, as àefiReà
herein, may Be e.uempt fram inel\isisß as tjareage, pre9.wià.eà that such
matcriala are prapÐrly handle.d, preecøseå aßå msnitercà. in
accordance with Section 8.35.090.
Q. "Glass Bottles and Jars" means food and beverage
containers made from silica or sand, soda ash and limestone, the
product being transparent or translucent and being used for
packaging or bottling, including container glass designated
redeemable under the California Beverage Container Recycling and
Litter Reduction Law, Division 12.1 (commencing with Section 14500)
of the California Public Resources Code, as well as glass jars and
bottles without redeemable value ("scrap"), but excluding
household, kitchen, and other sources of non-container glass such
as drinking glasses, ceramics, light bulbs, window pane glass, and
similar glass products that are not bottles or jars.
4
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R. "Hazardous Waste" means any waste material or mixture of
wastes which is toxic, corrosive, flammable, explosive, an
irritant, a strong sensitizer, which generates pressure through
decomposition, heat or other means, if such a waste or mixture of
wastes may cause substantial personal injury, serious illness or
harm to humans, domestic animals, or wildlife, during, or as an
approximate result of any disposal of such wastes or mixtures of
wastes as defined in section 25117 of the California Health and
Safety Code.
S. "Hospitality" means any establishment that offers dining
services, food or beverage sales. This includes, taverns, bars,
cafeterias, and restaurants, as well as, motels and hotels
(temporary housing of less than one month duration), hospitals,
schools, colleges, and other such establishments that have dining
services, or a restaurant or bar on their premises.
T. "Industrial" means any form of mechanized manufacturing
facilities, factories, refineries, and construction and demolition
operations, excluding hazardous waste operations.
U. "Industrial Recyclables" means recyclables from
industrial, construction, and demolition operations, including, but
not limited to, asphalt, concrete, dirt, land clearing brush, sand,
and rock.
V. "Industrial Solid Waste" means solid waste originating
from mechanized manufacturing facilities, factories, refineries,
construction and demolition projects, and/or publicly operated
treatment works, excluding recyclables and compostables, if
properly handled and treated.
W. "Inert" means materials such as concrete, soil, asphalt,
ceramics, earthen cooking ware, automotive safety glass, and
mirrors.
X. "Integrated Solid Waste Management" means a planned
program for effectively controlling the storage, collection,
transportation, processing and reuse, conversion or disposal of
solid waste, recyclables and/or compostables in a safe, sanitary,
aesthetically acceptable, environmentally sound and economical
manner. It includes all administrative, financial, environmental,
legal and planning functions as well as the operational aspects of
solid waste handling, disposal, litter control and resource
recovery systems necessary to achieve established objectives.
Y. "Landfill" means a disposal system by which solid waste is
deposited and compacted before burial in a specially prepared area
which provides for environmental monitoring and treatment.
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Z. "Mixed Waste Processing" means a system of recovering
recyclables from the mixed waste stream through separation at a
processing facility, transfer station, landfill, or other such
facility instead of separation at the waste generation source.
AA. "Multi-family" means a structure or structures containing
a total of 3 or more dwelling units in any vertical or horizontal
arrangement on a single lot or building site.
BB. "Newspaper" means newsprint-grade paper including any
inserts that come in the paper, and excluding soiled paper, all
magazines, and other periodicals, telephone books, as well as all
other paper products of any nature.
CC. "Nuisance" means anything which is injurious to human
health, or is indecent or offensive to the senses, and interferes
with the comfortable enjoyment of life or property, and affects at
the same time an entire community or neighborhood, or any number of
persons, although the extent of annoyance or damage inflicted upon
the individual may be unequal, and which occurs as a result of the
storage, removal, transport, processing, or disposal of Solid
Waste, Compost, and/or Designated Recyclables.
DD. "Office or Offices" for purposes of this Chapter shall
mean any office, combination of offices or connected building or
office space in which the combined, total area is more than 20,000
square feet, regardless of office affiliation, ownership, or
occupancy. This includes, but is not limited to, businesses used
for retail, wholesale, professional services, legal services,
financial services (to include banks), medical services, shipping
and receiving areas, churches, schools, colleges, and libraries.
EE. "Office Paper" means waste paper grades of white and
colored ledgers and computer paper. Examples include forms, copy
paper, stationery, and other papers that are generally associated
wi th desk and employee work area acti vi ty, and any additional
materials to be added by ordinance.
FF. "Plastic Bottle" means a plastic container with narrow
neck or mouth opening smaller than the diameter of the container
body, used for containing milk, juice, soft drinks, water,
detergent, shampoo or other such substances intended for household
or Hospitality use; to distinguish from non-bottle containers
(e.g., deli or margarine tub containers) and from non-household
plastic bottles such as those for containing motor oil, solvents,
and other non-household substances.
GG. "Pollution" means the condition caused by the presence in
or on a body of water, soil, or air of any solid waste or substance
or derived therefrom in such quantity, or such nature and duration,
or under such condition that the quality, appearance, or usefulness
of the water, soil, land, or air is significantly degraded or
adversely altered.
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HH. "Processing" means the reduction, separation, recovery,
conversion, or recycling of solid waste.
II. "Putrescible Wastes" means the waste in organic material
with the potential decomposition capacity to emit noticeable
quantities of odor and gas by-products. Material in this category
includes, but is not limited to kitchen waste, dead animals, food
from containers, etc_. IIe~e7cr, s~eh materials ~ha~ are iRelüàeà
iR preperly meßi~ereà aßå maißtaißeà Residential ee~es~ift~ ei~es,
Yard Waste ealleetien eeß~aißer5, er Cammereial Ce~es~iß~ ai~ea
may Sf: e]f£.}ftp't frem t.his àefiRitieß. exceDt oraanic wastes secarated
there from and used in Compostina in accordance with Section
8.35.090.
JJ. "Recycling" shall mean any process by which materials
which would otherwise become Solid Waste are collected (source
separated, commingled, or as "mixed waste"), separated and/or
processed and returned to the economic mainstream in the form of
raw materials or products or materials which are otherwise salvaged
or recovered for reuse.
KK. "Refuse" means Garbage and Rubbish.
LL. "Removal" means the act of taking Solid Wastes or
Designated Recyclables from the place of generation either by the
Contract or Franchise Agent(s), or by a person in control of the
premises.
MM. "Removal Frequency" means frequency of removal of Solid
Wastes or Recyclables from the place of generation.
NN. "Residential" for purposes of this Chapter, means any
building or portion thereof designed or used exclusively as the
residence or sleeping place of one or more persons, including
single and multiple family dwellings, apartment-hotels, boarding
and lodging houses. Residential does not include short-term
residential uses, such as motels, tourist cabins, or hostels which
are regulated as Hospitality establishments as defined in Sub-
Section u.
00. "Residential Recyclables" means those specific recyclable
materials from residential Solid Waste (single family and multi-
family) including, but not limited to, Aluminum, Glass Bottles and
Jars, Newspaper, Plastic Bottles, Tin and Bi-Metal Cans, White
Goods, and Yard Waste.
PP. "Rubbish" means non-putrescible solid wastes such as
ashes, paper, yard clippings, glass, bedding, crockery, plastics,
rubber by-products or litter. Such materials that are designated
as Recyclable or Compost may be exempt from categorizing as rubbish
provided such materials are handled, processed and maintained in a
properly regulated manner.
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QQ. "Salvaging" means the controlled and/or authorized
storage and removal of Solid Waste, Designated Recyclables or
recoverable materials.
RR. "Scavenging" means the uncontrolled and/or unauthorized
removal of Solid Waste, Designated Recyclables or recoverable
materials.
SS. "To Segregate Waste Material" means any of the following:
the placement of Designated Recyclables in separate Containers; the
binding or bagging of Designated Recyclables separately from other
waste material and placing in a separate container from Refuse, or
the same container as Refuse; the physical separation of Designated
Recyclables from other waste material (either at the generating
source, Solid Waste transfer station, or processing facility).
TT. "Solid Waste" means all putrescible and nonputrescible
solid, semi-solid and liquid wastes, such as Refuse, Garbage,
Rubbish, ashes, Industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, manure, vegetable or animal solid and semi-
solid wastes, also includes liquid wastes disposed of in
conjunction with Solid Wastes at Solid Waste transfer/processing
stations or disposal sites, but excludes: sewage collected and
treated in a municipal or regional sewage system or materials or
substances having commercial value or other importance which can be
salvaged for reuse, Recycling, Composting or resale.
00. "Storage" means the interim containment of Solid Wastes,
Yard Wastes, or Recyclables in an approved manner after generation
and prior to disposal, Collection or processing.
vv. "Tin and Bi-Metal Cans" means any steel food and beverage
containers with a tin or Aluminum plating.
WW. "Transfer or Processing station" means those facilities
utilized to receive Solid Wastes and to temporarily store,
separate, convert, or otherwise process the Solid Waste and/or
Recyclables.
XX. "White Goods" means kitchen or other large enameled
appliances which includes, but is not limited to, refrigerators,
washers, and dryers.
YY. "Wood Wastes" means lumber and wood products but excludes
painted wood, wood treated with chemicals, and pressure treated
wood.
ZZ. "Vector" means a carrier, usually insects or rodents,
that is capable of transmitting a disease.
S
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AAA. "Yard Wastes" means leaves, grass, weeds, and wood
materials from trees and shrubs from single family and multi-family
Residential sources (to include landscape haulings from residential
sources) .
Sec. 8.25.030 MANDATORY FEES FOR RECYCLING
A. The City Council finds and determines that the regular
collection of Designated Recyclables by the Contract or Franchise
Agent(s) of the city from all places in the city is a service to
the premises from which it is collected. All owners or occupants
shall pay the monthly collection rate set forth in Ordinance 2410
(presently $1.10 per residence), as adjusted in accordance with the
provision of Ordinances Nos. 2410 and 2475. Following the process
described in those two ordinances, the council may from time to
time establish such rates by resolution, including the
establishment of rates for different classifications of generators
of Designated Recyclables (Residential, Commercial, or Industrial,
or subclassifications thereof) or types of Designated Recyclables,
including preferential or discounted rates for senior citizens or
low income families or other classifications which are deemed to be
in the public interest. No person shall wilfully fail, neglect or
refuse, after demand by the Contract or Franchise Agent(s), to pay
the fees so established.
B. The Contract or Franchise Agent shall provide billing
service and be totally responsible for the collection of such
payments, at the same time and in the same manner, as the
collection of charges for refuse collection pursuant to section
8.24.180. It iÐ maaàatery far ~c:F1erat.era af Rcsiàeat.ial ÐCÐi§"ßat.eå
RceyelaslÐs aßå Cemmcreial Deai§"Rateå ReoyelasleÐ te utilize the
serviees af t.he Cent-Fast. aY Fraaehiae AIJ6at. af t.he City and te pay
t.he ealleet.ien ehar§"e.eat~bliÐheà by t.he City fer s~eh 5cr~iec.
Sec. 8.25.040 SEPARATION OF RECYCLABLE MATERIALS, STORAGE,
AND CONTAINERS
A. The owner, operator, and/or occupant of any premise,
business establishment, industry, or other property, vacant or
occupied, shall be rebuttablv Dresumed to be the aenerators of. and
be responsible for, the safe and sanitary storage of all Solid
Waste, Designated Recyclables, and Compost accumulated on the
property. Wherever CarsalJc and. R\ièèiaß are aemsifted, the et.andarås
fer Garèa~e ahall ~re~ail. The Designated Recyclables and Compost
shall be stored separately from Refuse, uAless aatheri~eà BY thc
Cit}'" UaRalJcr \ißàer a Ifixeà Waste FreeessiJuJ E:ystcm. The property
owner, operator, or occupant shall store such Solid Waste,
Designated Recyclables, and Compost on the premises or property in
such a manner so as not to constitute a fire, health,
9
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__ _.....___ _,__mo', ___._ ___~.."_,.
or safety hazard, and sha 11 require it to be handled in such a
manner so as not to promote the propagation, harborage, or
attraction of vectors, or the creation of litter or other
nuisances.
B. A container or Containers for Designated Recyclables shall
be provided by the Contract or Franchise Agent(s) for any premises
generating Residential or Commercial Recyclables, for the exterior
collection of Designated Recyclables. Containers for Industrial
Recyclables shall be provided by the generator of the Designated
Recyclables, unless otherwise arranged through the City Manager.
The containers shall effectively segregate the Designated
Recyclables from refuse.
C. All such Containers to be used in the City's Recycling
programs shall be approved by the City Manager, in conjunction with
the Contract or Franchise Agent(s) (or, in the case of Industrial
Recyclables, the generators of the Industrial Recyclables).
D. Designated Recyclables shall be sorted according to type
and/or as established by program guidelines and placed in separate
Containers, Containers with segregated compartments, or commingled
(in one Recycling Container), as agreed upon by the City Manager
and the Contract or Franchise Agent(s). Containers, if more than
one, shall be grouped together and placed for collection at the
same time as when regular Refuse collection occurs or at designated
Recycling collection times (if different from Refuse collection)
and at Designated Recycling Collection Locations.
E. All containers used for Recycling purposes, storage or
collection, including Commercial and Industrial Recycling
Containers used in City Recycling programs as well as all other
containers used for recycling purposes whether owned or operated by
a commercial entity, nonprofit organization, or any other persons
or entity shall be identified with the name and current telephone
number of the owner or the responsible agency or person.
Commercial recycling containers shall remain locked at all times in
order to discourage scavenging and prevent dumping of refuse in the
Container, unless exempted by the City Manager in coni unction with
the ~ Contract or Franchise Agent(s).
F. All Ceß'taißers shall 136 af Ð1:lffieicRt. siBS Ð6 as te
oont.aiR all the mat.erial àepeait.ed. Ceß'Eaiftcra Daall flat ]ae
alla~eà t.e e~erfle~. Remeval af t.he eSRtsRt.S iR a CSRtaiRer shall
se åeRe as freq1d.6Rtly aø Rsecsaary t.e a·y·oiã the ereat.isn af a
In:lslie ßuiøanee.
10
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. -. ...---..-.-. ." _._..__..__.__.~--_._---"_.-._._---_..._...._-
h Go- Containers which do not comply with the requirements of
this section shall be eenåemfteà fer ~s~ as Ea17a~iR~ eE" Reeyelift~
Get=rtaiftcra. 'Phe ci t:y lIaRa~er eE" EieailjRee shall mar]t eeft~aiftera
fe\ißå 1:6 se in Reß eempliaßee. Celi't.iß\:IeEl \ise af R8ft eamplyiRfJ
Ceßtaiaera ahall eeßsti tate a p\islie fN:liSaRee.. Dresumed to be
refuse and taken bv the Contract or Franchise Aaent(s) for disposal
or potential use as Salvaaina or Recvclina Containers.
~ HT It shall be unlawful for any person to dispose, dump, or
otherwise place material other than Designated RecyclablesT
iReluàiR~ Carèa~e er RHèèish, in a Designated Recycling Container
or at a Designated Recycling Collection or storage Location.
~ ~ Exemption. Eneept fer E:\lsaeetisn E, the felle,~·ißIJ arc
cne:mpt tram tohe prsyiaisns af this Chapter I El\il~f liecßÐeEl ReR
prefit erfj'aRizat.isns aRå eeJæl\1:u\ity f}reupe eSrUi1:letiRIJ reeyeliftlJ
prelJrams fer ~he purpese af raisiRfj' fHftås and pri7ate iRài7iàaals
eelliftfj' eE" àispesiRfj' af t.heir s·Jft, peresnally f}6Rerateà, rceyelaelc
lRat:erials. Desianated Recvclables which are source sorted bv their
aenerator for the purpose of recvclina bv sellina them to a Buv-
back Center or donatina them to a city licensed nonprofit or
community aroup conductina recvclina proarams for the purpose of
raisina funds do not have to be placed in the Desianated Recvclina
Container reauired bv this Section. nor placed in a Desianated
Recvclina Collection Location in accordance with this Section. When
Desianated Recvclables are received bv a City licensed nonprofit or
community aroup conductina recvclina proarams for the purpose of
raisina funds they shall be stored and sorted in accordance with
this Section and transported to a Buv-back Center for the purpose
of recvclina.
Sec. 8.25.050 MANDATORY RECYCLING IMPLEMENTATION SCHEDULE
On and after the date below it shall be mandatory for all
generators of Residential, Commercial, and Industrial Recyclables
in the City to separate from Refuse, for Recycling purposes, all
Designated Recyclables and otherwise participate in Recycling as
described by this Chapter.
Sector Effective Enforcement Date
Residential Single-Family March 1, 1992
(as defined in Ordinance No. 2443)
Industrial October 1, 1992
Yard and Wood Waste January 1, 1993
Commercial: Office and Hospitality July 1, 1993
Residential Multi-Family July 1, 1993
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Sec. 8.25.060 RECYCLING PROGRAMS
A. The City Manager shall establish and promulgate reasonable
regulations, guidelines and other program related specifics as to
the implementation of Recycling programs for Residential,
Commercial, and Industrial Recycling, including the method for
Collection of Designated Recyclables.
B. Commercial and Industrial establishments shall develop
their respective "in-house" Recycling plans that provide for the
Collection of Designated Recyclables in conjunction with the City's
established Recycling programs. The City and the Contract or
Franchise Agent(s) shall assist in program development, provide
technical expertise, and training materials.
C. Collection of Designated Recyclables from single-family
Residential units shall minimally occur once weekly. For
Commercial and Industrial entities, piel[ aps collection shall be
provided as needed to meet demand. The City ahall ha9¡e the
aatharity te estaslish ~reatcr fre~cßey af Cellce~ieß aø Rceded.
D. The City encourages use of buyback centers, donation
centers (for used furniture and other reusable bulky items, and
nonprofit agents), scrap dealers, home and commercial Composting,
source reduction, and other creative, lawful and environmentally
sound efforts to reduce waste in accordance with this Chapter that
do not conflict with any established or planned City sponsored
Recycling, Composting or source reduction programs.
Sec. 8.25.070 REPORTS
All Commercial and Industrial establishments sha 11 submit
recycling tonnage documentation on an annual basis to the City's
Conservation Coordinator, due on or before January 31, for the
previous year. Annual reporting shall be on the form promulgated
by the City Manager, and commence on the åate fer se~ißßiߧ the
first anniversarv of the date set forth in the mandatory recycling
implementation schedule as established in this Chapter. Voluntary
reporting prior to the required mandatory recycling is encouraged.
12
í. 2ij
. - -.------- -----------,-,_........_-_..._-_.._~.~~ -.' ......-.....-
Sec. 8.25.080 SCAVENGING
A. It shall be unlawful for any person other than authorized
ci ty personnel or Contract or Franchise Agent (s) to remove any
separated Designated Recyclable(s) or salvageable commodity from
any Designated Recycling Collection or Storage Location, or
Designated Recycling Container, er afty seliã ~as~e, ~raftsfer, er
ResysliftEjJ faeili ~y. However, the original generator of the
Designated Recyclables, may for any reason, remove the Designated
Recyclables placed by said generator from the Designated Recycling
container or Designated Recycling Collection or Storage Location in
which said generator had originally placed them.
B. It shall be unlawful for any person to disturb, modify,
harm, or otherwise tamper with any container or Designated
Recycling Collection or Storage Location containing Designated
Recyclables, or the contents thereof, or to remove any such
container from the location where the same was placed by the eVfter
qenerator thereof, or to remove the contents of any such Container,
unless authorized by the generator of such Designated Recyclables
or a duly authorized City personnel or Contract or Franchise
Agent(s) .
Sec. 8.25.090 COMPOSTING
h. Evcry Cemmcreial s~aißcsa, laßàÐea~Ð firm, eE" ether SHea
entity cstaeliahißg a Cempest pile, sin, helàiß~ area BE" ether süeh
Ce~ee~iß~ system ahall fiLet estaiR a permit fram the city. Any
sueh Bl1eratisR ahall oo1fti31y \lith all tS:tat.e, CSHRt.y aßà cit.y
rcgulatießÐ ~e~erßiR~ the cstaèlish.CRt af such Ce~e5tiR~
eperatiefta.
~ B. Every establisher of a Resiàefttial Composting pile,
bin, holding area or other such Compostinq system shall first
obtain a permit from the city, if the total ðfea volume used within
the boundaries of the Resiàefttial premises for Composting is 15
cubic yards or greater.
~ eo Every Composting pile, bin, holding area or other such
Compostinq system shall be maintained so as to not create a public
nuisance through visual, odor, safety and/or other means, or as
prescribed in Chapter 19.66 of the Chula vista Municipal Code.
~ Ð. The owner, operator, or occupier of property containing
a Compost pile, bin, ~arftiftEjJ holdinq area or other such Compostina
system that is greater than 5 feet high, 5 feet wide and 5 feet in
length shall weekly monitor temperature, through utilization of a
thermometer designed for such purposes.
13
~,~ ~ ~
~,~_._----_.__.~-~---------,--
,~BT No sinqle Bift~le family ReBiàeft~ial Compost pile, bin,
t~Fftift~ hOldinq area or other such ComDostinq system on a
Residential Sinqle-Familv (as defined in Ordinance No. 2443)
Dremises shall be more than 5 feet in height and/or greater than 6
feet in width or length.
Sec. 8.25.100 ENFORCEMENT
A. The City Manager or designee is responsible for enforcing
the provisions of this Chapter.
B. Types of materials included in Designated Recyclables may
be administratively deleted by the City Manager under emergency
conditions (to include market failures), subject to formal
ordinance amendment approved by the City Council, if such
conditions persist.
C. Nothing in this ordinance or its implementing regulations
shall prevent the City or its Contract or Franchise Agent(s) from
efforts to obtain voluntary compliance by way of warning, notice of
violation, educational or other means.
Sec. 8.25.110 SEVERABILITY
If any provision, clause, sentence or paragraph of this
Chapter or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of the provisions of this Chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this Chapter are hereby declared
to be severable.
SECTION II: Section 8.24.195 of the Chula Vista Municipal Code
is re-numbered Section 8.25.035.
SECTION III: This Ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by Approved as to form
~ ¡l:L..,{~~
Athena Lee Bradley Bruce M. Boogaard
Conservation Coordinator City Attorney
14
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\ '~.
_,______.m_~.__...~___...._ _.___
COUNCIL AGENDA STATEMENT
ITEM: ,.
MEETING DATE: 2/04/92
TITLE: Resolution 1(.l(t7 Approving Second Amendment and Novation to
Contract to Provide Visitor and Transit Information Services
at the Chula Vista Visitor Information Center
~
SUBMITTED BY: Deputy City Manager Thomson 11
REVIEWED BY: City ManageØ (4/5ths Vote: Yes_No...K.J
Urban Convenience Corporation (UCC) has been operating the Chula Vista Visitor
Information Center at the Bayfront/E Street Trolley Station since Oct. 1, 1990.
Several months ago UCC indicated to the City the company's desire to assign or
terminate the current contract and faci 1 itated di scuss ions between City staff and
The Kobey Corporation (Kobey). Kobey has a contract with MTDB to develop
concessions and provide transit information at the stations in the San Diego
Trolley system and expressed an interest in assuming the current Visitor
Information Center agreement. As a result, staff has negotiated the proposed
contract amendment in which Kobey assumes UCC's contract obligations.
RECOMMENDATION: That Council adopt the resolution approving the second amendment
and novation to the agreement to provide visitor and transit information services
at the Chula Vista Visitor Information Center.
BOARD/COMMISSION RECOMMENDATION: Not appl;cable.
DISCUSSION:
In November 1991, Urban Convenience Corporation (UCC) indicated the company's
desire to assign or terminate its three-year agreement with the City to operate
the Chula Vista Visitor Information Center. Financial statements provided by
UCC, a subsidiary of Starboard Financial Corporation, show that the company has
been running the center at a net loss since operations started in October 1990.
The Kobey Corporation (Kobey) was one of the respondents to a Request For
Proposals (RFP) issued by the Metropolitan Transit Development Board (MTDB) to
operate concessions and to provide transit information at the greatest possible
number of San Diego. Trolley stations. In August 1991, Kobey entered into a
three-year agreement with MTDB to provide these services. In addition, Kobey
currently operates the successful swap meet at the San Diego Sports Arena.
Following notification to the City, UCC met with Kobey and helped initiate
discussions between City staff and Kobey regarding the Chula Vista Visitor
Information Center. Kobey has agreed to assume the current agreement the City
has with UCC on Feb. 15, 1992, with a few minor amendments.
Because Kobey has the MTDB trolley station concession contract and has agreed to
assume the City's contract with UCC, staff concluded it would be more appropriate
to negotiate with Kobey rather than issue another Request for Proposals (RFP) to
operate the Visitor Information Center. During the previous RFP process, all of
«-I
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PAGE 2, ITEM: i
MEETING DATE: 2/04/92
the proposers other than UCC required significant operating subsidies by the
City/County, ranging up to $151,000 a year. Staff did contact the Chula Vista
Chamber of Commerce, which indicated it is not interested in operating the
Visitor Information Center under the terms of the current contract.
This amendment and novation releases UCC from providing services at the Visitor
Iñformation Center after February IS, 1992, and substitutes Kobey in the original
contract and first amendment. The agreement requires Kobey to provide visitor
and transit public service, and allows Kobey to occupy and conduct specified
retail operations in the Visitor Center. After a six-month period during which
either Kobey or the City may terminate the agreement for convenience, Kobey will
finish the original three-year term of the contract, which commenced on October
I, 1990 and will terminate September 30, 1993 unless both parties exercise the
option to extend the term.
Based on a formula in the original contract, Kobef¡'s gross sales will determine
whether Kobey must make any payments to the City County. If applicable, these
payments are due after each quarter (three months), beginning with the ¡uarter
commencing on Oct. I, 1992. As in the original contract, the only City County
costs are for building utilities, major maintenance and repairs, and landscape
maintenance.
FISCAL IMPACT: The fiscal impact of operating the Visitor Center will not be
changed by this contract amendment. Other than maintenance and repairs, the only
City/County costs required by the contract are approximately $3,000 a year for
utilities. Maintenance and repair costs can vary significantly from year to
year; however to date adequate funds are available for these purposes in the
approved FY 1991-92 Bayfront Trolley Station Fund.
There is a potential for some revenue to be received from Kobey starting January
1993, if gross quarterly sales exceed $25,000.
ç..'l.
-'~-""--'--"'.,",'-'--"-
RESOLUTION NO. )~~, I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SECOND AMENDMENT AND
NOVATION TO CONTRACT TO PROVIDE VISITOR AND
TRANSIT INFORMATION SERVICES AT THE CHULA
VISTA VISITOR INFORMATION CENTER, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, Urban Convenience Corporation (UCC) has been
operating the Chula Vista Visitor Information Center at the
Bayfront/E street Trolley Station since Oct. I, 1990; and
WHEREAS, several months ago UCC indicated to the City the
company's desire to assign or terminate the current contract and
facilitated discussions between City staff and The Kobey
Corporation (Kobey); and
WHEREAS, Kobey has a contract with MTDB to develop
concessions and provide transit information at the stations in the
San Diego Trolley system and expressed an interest in assuming the
current Visitor Information Center agreement; and
WHEREAS, as a result, staff has negotiated the proposed
contract amendment in which Kobey assumes UCC's contract
obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Second Amendment
and Novation to Contract to Provide Visitor and Transit Information
Services at the Chula Vista Visitor Information Center, 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
Amendment for and on behalf of the City of Chula ~·sta.
Presented by
Jim Thomson, Deputy Bruce M. Boogaard,
City Manager Attorney
C:\RS\UCC Visitor Info
ç;-~/g-~
.u~_ ...._._._~_~________~_
SECOND AMENDMENT AND NOVATION TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES
AT THE
CHULA VISTA VISITOR INFORMATION CENTER
This Amendment, entered into this _ day of 1992, for the purposes
of reference only and effective as of the date last executed by the parties, is between the
City of Chula Vista, a chartered municipal corporation of the State of California ("City");
Urban Convenience Corporation, a California corporation ("UCC"); and The Kobey
Corporation, a California corporation ("Kobey"), and is made with reference to the
following facts:
1. RECITALS
A. WHEREAS, the City of Chula Vista and Urban Convenience Corporation
entered into an agreement entitled: "Contract to Provide Visitor and Transit Information
Services at the Chula Vista Visitor Information Center" dated September 13, 1990
("Original Agreement"), and amended for the first time by that agreement entitled "First
Amendment to Contract to Provide Visitor and Transit Information Services at the Chula
Vista Visitor Information Center" dated January 2, 1991 ("First Amendment") to provide
visitor and transit information services at the Chula Vista Visitor Information Center
commencing on October 1, 1990, and ending on September 3D, 1993 (for the purposes
of this Agreement, the Original Agreement as amended by the First Amendment shall
herein be referred to as the "Agreement As Amended"); and,
B. WHEREAS, UCC and City desire that Kobey be substituted in the place and
stead of UCC under the Agreement As Amended, and upon such effective substitution
and assumption of all obligations by Kobey, that UCC be released from liability
thereunder; and,
C. WHEREAS, The Kobey Corporation has a three-year agreement with the
Metropolitan Transit Development Board (MTDB) to develop and implement a full range
of concession services and facilities at the stations within the San Diego Trolley system
and to provide transit assistance and information at the greatest number of sites possible;
and,
D. WHEREAS, The Kobey Corporation desires to provide visitor and transit
information services at the Chula Vista Visitor Information Center located adjacent to the
Bayfront Trolley Station and to assume the agreement that Urban Convenience
Corporation has with the City of Chula Vista with the following amendments;
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 3D, 1992 Page 1
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~..--" . ~..._-_._-----_...._---
2. Obligatory Provisions.
NOW, THEREFORE the parties mutually agree that the provisions of the agreement dated
September 13, 1990, and the first amendment dated January 2, 1991, are amended to
read as follows:
A. Changes to the Obligatory Provisions of the Agreement as Amended.
The Agreement As Amended, is hereby amended in the following regards only,
and in no other regards, and as so amended shall hereinafter be referred to as the
"Second Amended Agreement":
(1) Section 4.1.2 (Staffing) of the Agreement As Amended is amended by
the deletion of the last sentence. The remainder of Section 4.1.2 shall remain in full force.
(2) Section 4.1.10 (Signage) of the Agreement As Amended is hereby
amended to read as follows:
"4.1.10. Signage.
Kobey may place a sign on each of the two existing monument signs on E
Street in the same size, color, material, style of type and location on the
monument as the former Cabrillo Lanes sign and the current Bayfront
Trolley Station sign. Any other exterior signage on the building or the site
will be subject to the City's design review approval process. Interior
signage or advertizing is subject to the City's approval."
(3) Section 4.2.2 (Design Layout) of the Agreement as Amended is
hereby amended to read as follows:
"From October 1, 1990, until said Design Layout is mutually agreed upon
by the parties, or until the termination of this contract if agreement on the
Design Layout is not reached, City may terminate any use in the interior of
the Center or layout of the interior facilities which it finds objectionable; and
Kobey is prohibited from use or decoration of the exterior areas without the
advance written approval of the City.
Notwithstanding the foregoing, the City agrees that Kobey may place a
maximum of two pushcarts only in the covered area with the roll-up metal
doors, which is approximately 21 by 25 feet, immediately west of the
glassed-in central portion of the Visitor Information Center. At least one of
these pushcarts must be devoted to food service. Any food service
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 3D, 1992 Page 2
~..,-
-_..._....._...,.__...".~,.__."-_...
operation must conform with any applicable County Health regulations."
(4) Section 5.2.1 (Permitted commercial activities) of the Agreement As
Amended is hereby amended by modifying the last paragraph thereof, following the list
of permissible commercial activities, to now read, instead of the current provision, as
follows:
"
.. .
The sale of products or services not listed in this contract are subject to the
City's approval. The City will be notified by Kobey in seven (7) days
following the introduction of any other new commercial activities at the
center. The City may approve or disapprove the new commercial activities
or services. Under no circumstances will the prohibited items listed in 5.2.2
be allowed."
(5) Section 5.2.4 (Sharing of Proceeds) of the Agreement as Amended,
is hereby amended to read as follows:
"Kobey agrees to pay the City the following percentage of gross sales on
the 15th day of the calendar month following the covered quarter,
commencing as of the 15th day of January, 1993, for gross sales earned
during the quarter commencing October 1, 1992, and continuing for each
quarter thereafter:
Quarterly Gross
Sales Quarterly Payments
$0 - 25,000 0%
25,001 - 50,000 2% of quarterly gross in excess of
$25,000.
50,001 - 75,000 $500 + 4% of quarterly gross in excess
of $50,000.
75,001 - 125,000 $1,500 + 6% of quarterly gross in excess
of $75,000.
More than $125,000 $4,500 + 8% of quarterly gross in excess
of $125,000."
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 30, 1992 Page 3
~~1
(6) Section 6.1 (Initial Term) of the Agreement As Amended, shall now
read as follows:
''The term of this contract shall be for three (3) years, commencing October
1, 1990 and ending September 30, 1993, subject to the extension and
termination provisions of the agreement. Notwithstanding the foregoing,
and the provisions of Section 4.2.3, from February 15, 1992 through August
14, 1992, either the City or Kobey can give the other party notification of
termination for convenience with the effective date of the termination at least
four (4) months from the notification date. If, after August 14,1992, neither
party has given notice of termination, the provisions of Section 4.2.3, as
provided in the Agreement As Amended will be fully operational and Kobey
will no longer have the right to terminate for convenience."
(7) Section 8 of the Agreement as Amended is hereby amended to read
as follows:
"Kobey may not assign, subcontract, transfer, sublet or encumber the
premises or any interest in this agreement (whether by assignment or
novation) without the prior written consent of the City. Notwithstanding the
foregoing, the City hereby consents in advance, without releasing Kobey of
its duty to perform, or liability for breach, under the terms of this agreement,
to allow Kobey to assign its duties hereunder to Kobey's Kiosk, Inc., a
California corporation. In the event of such assignment, notice of same
shall be given to City, and both Kobey and Kobey's Kiosk, Inc. shall be
liable to City for the performance of Kobey's duties under this agreement
from and after the date of such assignment."
(8) All other provisions of the Agreement As Amended shall remain in full
force unless otherwise amended herein.
B. Novation Terms and Conditions.
(1) Effective February 15, 1992, Kobey agrees to be bound in the place and
stead of UCC under the Second Amended Agreement.
(2) In reliance on Kobey's contractual acceptance of all duties under the
Agreement, City and UCC agree, effective February 15, 1992, that Kobey shall be the
party substituted in the place and stead of UCC in the Second Amended Agreement, and
shall inure to all of the rights, and be obligated to, and bound by, all of the duties, terms
and conditions of UCC in said Second Amended Agreement, in the same manner as if
the name "The Kobey Corporation" or "Kobey" replaces the name, "Urban Convenience
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 3D, 1992 Page 4
i..¡t
- --- --_.._..~-_..._..,._..._-----~---~---
Corporation" or "UCC" in the title and elsewhere in the Original Agreement, First
Amendment, and the Second Amended Agreement with the following exceptions:
(a) City waives any claim of breach as against Kobey for any act or
inaction which may have occurred prior to the effective date of this Second Amended
Agreement.
(3) City releases UCC from the performance of any new obligations after
February 15, 1992, under the Agreement As Amended and the Second Amended
Agreement.
(End of Page. Next Page is Signature Page.)
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 3D, 1992 Page 5
ç .. 9
."-"-----------_.__.-..
Signature Page to
Now therefore, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by
setting their hand hereto on the date set forth adjacent thereto.
Dated: January 3D, 1992 City of Chula Vista
by:
Tim Nader, its Mayor
Attest:
Bruce M. Boogaard
City Attorney
Dated: I J~o h,. URBAN CONVENIENCE CORPORATION
,
By: S'~t--..
P~E~.
By: i
Executive Vice
Dated: I/âð/t}~ KOBEY CORPORATION
. . BY:~~/~)f G)OiA
'mberly Ko y Pretto,
President
~I~~o~
Charles J. Pretto,
Attorney for Kobey
kobey2.wp Novation of UCC with Kobey on Visitor Info Center
January 3D, 1992 Page 6
c; ....ID
--_._~- -- ~'~."---"-'-"._-_....._-----'..._--_.
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
l. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor,
material supplier.
The Kobev Corporation
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.
Th~ Kobev stock Trust
Charlotte Kobev Morton as Trustee
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
Charlotte Robev Morton
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes_
No..L- If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
Charles J. Pretto
Serdar Canoqullari
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No -1L If yes, state which
Councilmember(s):
fm!m is defined as: .Any individual, firm, co-pannership, joint venture, association, social club, fraternal organÌZlllion,
corporatiOll, estate, tnISt, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political
IIIbdlvision, or any other group or combÌ1Ullion acting as a unit. .
(NOTE: AIIIch ..Jditiooal pages as necessary) ~¥{.(f~
Date: I / ;go /tI9-'
I .
Signa re of con r/applicant
Kimberly Kobey Pretto, President
THE KOBEY CORPORATION
Print or type name of contractor/applicant
(A-1131A:DISCLOSE.TXT] (1leviIed: 11130190]
<{..ID-/
~-- - ..----.. '-'-"'- .m__ -- _._--,----_._.----~~-_.._- ----.-.".-
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor,
material supplier.
Robev's Kiosk. Inc.
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.
Jenny L. Sayaqe Charlotte Kobey Morton
Kimberlv Robev Pretto rvri] H_ Kobey
Karalina Kobey Canoqullari
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
N/A
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes_
No -X- If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
Charles J. Pretto
Serdar Canoqullari
6. 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 ~ If yes, state which
Counci1member(s):
fm!m is defined u: "Any individual, fima, co-pannership, joinl Wnlure, associQ/ion, social club, jrQ/unal organizøion,
œrporøtion, estQ/e, trust. receivu, syndiCDIe, this and any other county, city and counny, city, municipality, disma or other poUtical
1tIbdi11Ùion. or any other group or combillOlion aaing as a unit. .
(NOTE: AtIach additioaa1 pa¡es u Decesnry) ~~.@dh
Date: 1/ XJ/q¡r
I I Sign ture of contra r/applicant
Kimberly Kobey Pretto
KOBEY'S KIOSK, INC.
Print or type name of contractor/applicant
(A-1I31A:DISCLOSE.TX1l IReviNd: 11130190]
't?# /D"z..
-------- -.--- -------- - .,.-- _",_",_u __"_.~____..,_~____,·_.____m __ ____ ~~__._..__._,___._.._,.___..___.___~_.._ -.-.-
¡ . I , "
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..t , _-
~ . .
, '.
. COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE 9/18/90
TITLE: Resolution I:¡~~I Approving agreement with
Urban Convenience Corporation for the
operation of the Bayfront visitor Information
Center ~
SUBMITTED BY: Deputy City Manager Thomsondl
REVIEWED BY: City Manager (4/5ths Vote: Yes___No~)
At its June 19, 1990 meeting, the City Council accepted
Charles Costa Enterprises' notice of termination of the
previous three-year agreement for the operation of the
Visitor Information Center (resulting in that contract's·
terminating on July 31, 1990) and authorized staff to
execute a two-month interim agreement with Charles Costa
Enterprises for the operation of the Visitor Center through
September 30, 1990. The Council had previously, at its June
12, 1990 meeting, authorized staff to issue a Request For
Proposals (RFP) for the operation of the Visitor Center, and
staff hoped that the operator selected through the RFP
process would be prepared to operate the Center starting
October 1, 1990.
Staff has completed the RFP process and negotiated the
proposed agreement with Urban Convenience Corporation, the
highest-rated proposer, for a contract with an initial
three-year term commencing on October 1, 1990.
RECOMMENDATION: That Council adopt the resolution
approving the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On June 18, 1990, staff distributed over 100 copies of the
Request For Proposals (RFP) for the operation of the Visitor
Information Center (a copy of the RFP is attached). Five
responses were returned by the RFP's July 20 deadline, and
all five were interviewed by the selection panel composed of
Deputy City Manager Thomson, Public Information Coordinator
GUlbransen, Transit Coordinator Gustafson and Larry Watt,
Principal Transportation Specialist for the San Diego County
Public Works Department.
.
<6-U
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PAGE 2, ITEM
MEETING DATE 9/18/90
The proposals were ranked by the selection committee using
the following criteria and weighting system:
Points criteria
40 Financial package
30 Quality of transit and visitor
public service
15 Presenting a positive image of the
city and South Bay
15 Promoting visitor-serving
attractions and businesses in the
city
100 Total points
The proposals received and evaluated by the selection
committee were submitted by the following organizations:
- Urban Convenience Corporation
- Expo Vision, Ltd.
- Long on Service Corporation
- Craig Wylie Company
- Charles Costa Enterprises
- .
The selection committee unanimously ranked Urban Convenience
Corporation (UCC) as the highest-rated proposer, and staff
has subsequently negotiated the attached proposed contract
that would commence on October 1, 1990. Of the five
proposals, UCC's financial package was the most attractive
to the city and County. In UCC's proposal, the only ?
City/County costs would be for building utilities, major
maintenance and repairs, and landscape maintenance. All of
the other proposals required significant operating subsidies
by the City/County, ranging up to $151,000 per year. The
UCC proposal (and 3 of the other 4 proposals) also offers to
pay varying percentages of the operator's gross sales to the
City/County if such sales exceed threshold amounts. UCC's
proposed operation will involve a significant retail
component, but staff believes that UCC's proposal provides a
satisfactory balance of visitor and transit promotion,
public service, and appearance with low cost. to the City and
County.
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PAGE 3. ITEM
MEETING DATE 9/18/9D
Urban Convenience Corporation is an operating subsidiary of
Starboard Financial Corporation. Starboard Development
Corporation, a separate subsidiary of Starboard Financial
Corporation, has specialized in development projects for the
public sector including the James R. Mills Building/MTS
Tower at Twelfth and Imperial Avenue, the city of San
Diego's new police headquarters, and the new headquarters
for the Southeast Economic Development Corporation.
Urban Convenience Corporation is involved with the creation
of convenience store concepts, restaurants and other retail
business. UCC currently operates the convenience store and
retail food facility at the James R. Mills Building/MTS
Tower and has recently opened a convenience store named
"Star Mart" at the intersection q£ Shelter Island Drive and
Scott street in the Point Loma area. UCC's financial
disclosure statement is attached.
The proposed agreement requires UCC to provide visitor and
transit pUblic service and allows UCC to occupy and conduct
specified retail operations in the Visitor Center and
surrounding exterior areas. UCC wants to install exterior
tables and chairs to make the exterior more of an activity
center, and these plans are subject to further staff
approval for appropriateness and design review and may
requir~ the approval of the Design Review Committee.
Similarly, the interior layout is subject to further staff
approval.
Until a ucc interior and exterior layout design is formally
approved by staff and possibly the Design Review Committee,
staff has approval rights on UCC's operations. This
approach is being recommended, rather than waiting until the
layout design can be finalized, because of the rapidly
approaching September 30 termination date of the two-month
interim agreement with Charles Costa Enterprises. If staff
and UCC cannot agree on a final layout design by December
20, 1990, the proposed contract with UCC will automatically
terminate on April 1, 1991, unless the parties agree on an
alternate termination date.
The other terms of the proposed contract are summarized
below:
1. Term: Three years commencing October 1, 1990 with
five consecutive options (requiring mutual consent) to
extend the lease for two-year periods for a maximum of 10
additional years.
2. Percentage of Gross Sales: After each quarter
(three months), UCC's gross sales for the quarter will
determine whether any payments to the City/Cøunty are
required based ort the following formula:
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PAGE 4. ITEM
MEETING DATE 9/18/90
a. No payment required when quarterly gross
sales are less than $25,000.
b. 2% of the next $25,000 in quarterly gross
sales, plus
c. 4% of the next $25,000 in quarterly gross
sales, plus
d. 6% of the next $50,000 in quarterly gross
sales, plus
e. 8% of any quarterly gross sales in excess of
$125,000.
¡
f. No payments to the City/County will be due or
will accrue during the first twelve months of
the agreement.
3. Hours of operation: A minimum of 8 a.m. to 6·p.m.
on weekdays and 9 a.m. to 5 p.m. on weekends; during the
winter months the center may be closed one hour earlier.
4. The proposed agreement includes guidelines the
operator must follow in terms of the level of staffing,
capabi~ities of the center staff and the type of pUblic
information to be dispensed. The sale of transit~passes
is required as well as providing transit information.
5. UCC's operation of the Visitor Center will conform
to the layout design, once it is finalized. Any changes to
the approved layout design must have the prior approval of
the City.
6. UCC is prohibited from erecting or creating any
signs visible from the exterior without the City's prior
approval.
7. UCC is allowed to conduct specified commercial
activities (e.g. retail sales, Mexican auto insurance, and
display ads) but such activities cannot significantly
interfere with UCC's ability to provide transit and visitor
information service.
8. UCC will be responsible for cleaning and minor
maintenance of the interior of the center and the
surrounding exterior areas. The City/county will be
responsible for major maintenance and repairs, exterior
landscape, and utilities except for trash disposal and
telephone costs.
.
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PAGE 5. ITEM
MEETING DATE 9/18/90
9. The City can terminate the contract for material
deficiencies or for UCC's failure to maintain minimum
operating hours. If the Center is closed for two
consecutive days, the City can determine that UCC has
abandoned the premises and terminate the contract
immediately. As mentioned previously, the contract will
automatically terminate on April 1, 1991, if the parties are
unable to finalize a layout design by December 20, 1990,
unless the parties agree on an alternate termination date.
FISCAL IMPACT: other than maintenance and repairs, the only
City/County costs required by the proposed contract are an
estimated $3,000 per year for utilities and a one-time cost
of up to $1,500 to split the cost with UCC of constructing
screening for a trash receptacle. Maintenance and repair
costs can vary significantly from year to year, but staff
anticipates that adequate funds are available for these
purposes in the approved FY 1990-91 Bayfront Trolley Station
Fund.
After the first year, UCC will pay the City/County 2% to 8%
of any gross quarterly sales in excess of $25,000, with the
percentage starting at 2% and increasing to 8% of any gross
quarterly sales in excess of $125,000. Which, if any, of
these gross sales thresholds will be exceeded is difficult
to project at this point, but there is at least a potential
for some revenue to be received starting in January 1992.
JT/kt
C:\KIM\VIC-A113
.
~ø IS
~...__..,....~._----_.. .---~---.--._. --- .
·
Contract to Provide Visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
This Contract, entered into this September 13, 1990 for the
pUrposes of reference only and effective as of the date last
executed by the parties, is between the city of Chula Vista, a
chartered municipal corporation of the State of California ("City")
and Urban Convenience Corporation, a California corporation
("UCC"), and is made with reference to the following facts and
definitions:
L Recitals
Whereas, the City of Chula Vista desires to have visitor and
transit information, available upon request, without cost, to
persons entering the City and desiring same, from various locations
referred to as visitor information centers; and,
Whereas, one such visitor information center location is on
the southeast corner of E Street and the Interstate 5 ("Premises"),
at an address commonly known as 750 E Street, and shown on the map,
a copy of which is attached as Exhibit A; and,
Whereas, Urban Convenience Corporation ".hereby warrants and
represents that it is qualified and capable to provide transit and
visitor information services as herein required in this agreement;
and,
Whereas, this is a site-specific services agreement wherein
UCC is obligated to provide services from that portion of the
Premises described in Exhibit A as "Center".
2. Definitions
2.1 "Gross Sales" Defined;
The term "gross sales" as used in this agreement shall include
the entire gross sales of every kind and nature from all sales
and services made in the Premises whether for credit or cash,
whether by UCC or by others, wi th the exception of those
products or services on which standard commissions· are earned.
Such commission-based products and services include Mexican
insurance, lottery tickets, trolley and transit passes and pay
telephones. Other products and services may be included in the
commission category with the approval of the City's contract
administrator. For commission-based products and services,
only the amount of the commission will be included in "gross
sales." "Gross sales" shall not include any rebates or
refunds to customers or sales taxes accounted for and paid to
a governmental agency.
NOW, THEREFORE, the city and UCC agree as follows:
-- ~ìS'(':'
1s--/7 ('() o.')-7~?
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3. Purposes of Aareement.
The parties intend that UCC shall provide transit and visitor
information services, as more particularly described in this
contract, for the benefit of the City of Chula Vista, the
South Bay Region and visitors to the area. UCC has a duty to
operate the Visitor Information Center and provide public
services as specified in this agreement. As compensation for
providing these services, UCC shall have the right to conduct
certain identified commercial activities at the Premises
within the limitations provided in this agreement with a
portion of its gross sales being paid to the City only under
specified conditions. Although this agreement has certain
aspects of a lease, the parties agree that this is primarily
a services agreement engaged in at a required location, and it
is not a lease.
4. Duties of UCC.
4.1 Covenant to Operate; Services Required to be Offered from
Site.
UCC shall operate a first class Visitor Information Center
according to the following standards for the term of this
agreement as same may be from time to time extended.
4.1.1 Hours of Operation.
UCC shall operate the Center at least from 8:00 a.m. to
6:00 p.m. on weekdays and from 9:00 a.m. to 5:00 p.m. on
- weekends and hOlidays. During the winter months of
October through April the Center may be closed one hour
earlier. The Center may be closed on Thanksgiving,
Christmas and New Years Day. The parties agree that
these operating hours may be adjusted upon mutual written
consent of the parties. During the Center's hours of
operation, the rèst rooms shall be available for pUblic
use.
4.1.2 Staffina.
UCC shall staff the Visitor Information Center with
qualified competent personnel who are neatly dressed and
courteous at all times. An adequate number of employees
will be scheduled so that Permitted Commercial Activities
do not significantly interfere with the primary responsi-
bility of providing visitor and transit information. Be-
tween the hours of 10:00 a.m. and 4:00 p.m. on weekdays,
weekends and holidays there will be a minimum of two
employees providing service in the interior .area of the
Center.
4.1.3 Trainina. .
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.
UCC shall provide adequate training to insure that
personnel are able to respond to inquiries about transit
and areas of interest from members of the public and to
promote visitor-servìng_attractions and facilities in
Chula Vista.
4.1. 3.1 Extensive Knowledge. Center staff must
have extensive knowledge of and be capable of
dispensing complete and accurate information about
the following:
4.1. 3.1. 1 Chula Vista (including but not
limited to street locations, major
hotels/motels, restaurants, visitor
attractions, government offices, Nature
Interpretive Center, and major shopping
areas. )
4.1.3.1.2 San Diego visitor attractions
(including but not limited to Sea World,
Horton Plaza, airport, Gaslamp District,
Mission Bay, beaches, and admission prices,
hours of operation .and directions.)
4.1. 3.2 Adequate Knowledge.._ Center staff must
have an adequate general knowledge of and be
capable of dispensing general information about the
fOllowing:
4.1.3.2.1 Transit information (including but
. - not limited to Trolley schedules, prices, and
stops, and Chula Vista Transit bus schedules
and routes.)
.
4.1.3.2.2 Northern Baja, Mexico (including
but not limited to major highways, cities,
insurance requirements, major hotels/ motels,
restaurants, shopping areas, major visitor
attractions, and written information from
governmental agencies regarding duty and visa
regulations.)
4.1.3.2.3 Southern California (including but
not limited to major highways, cities, and
visitor attractions.)
4.1.3.3 Chula Vista Promotion. Unless
specifically requested otherwise by the visitor,
information will always be given on the community
of Chula Vista.
4.1.4 Transit Passes.
.
The UCC will make available for sale to the public
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transit passes issued by the Metropolitan Transit
Development Board (MTDB) and Chula Vista Transit. UCC
will also make change_for transit fares as requested by
the public to the extent~easible.
4.1.5 Precedence of Services.
Commercial activities, promotion and/or referrals shàll
not significantly interfere with UCC I S ability to provide
free, reliable, complete and true information in response
to requests from public users of the facility.
4.1.6 Communitv Informational Service.
UCC shall provide free visitor and transit information,
which informational service shall include, but not be
limited to, the following:
4.1.6.1 Bulletin Board. One bulletin board of
community activities of a size and design
acceptable to the the City. UCC shall insure that
current information concerning upcoming special
events within Chula Vista are displayed at all
times.
,-
4.1.6.2 Display Map. Display map of the City of
Chula Vista.
4.1.6.3 Display Stand. Display stand of scenes of
Chula Vista;
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4.1.6.4 Visitor Services. Provide information as
stated in the "Partial List of Visitor Services"
. contained in the attached Exhibit B.
4.1. 7 citv Imaqe Enhancement.
The City, as a public entity, is concerned about the
image portrayed and service provided by UCC and its
personnel. The city shall have the right to inform, in
writing, UCC of actions by UCC or UCC's personnel, which
do not comport with the image which the city desires to
have enhanced which includes providing complete and
accurate visitor and transit information and presenting
a neat, clean, responsive, and friendly image of the
City. UCC shall take all necessary steps to insure that
its actions project the image desired by the City as
directed from time to time.
4.1.8 Visitor Records.
UCC shall record and submit to the City in a format
specified by City the number of adult visitors to the
Center by hour of the day and the number of. transit
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related inquires received at the center.
4.1.9 visitor Information Sians.
UCC may be required to post a "Free Visitor Information"
sign at each of the three ent~ances to the Center or at
the counter. Size and design of the sign will meet with
the approval of the the City.
4.1.10 UCC Sianaae.
UCC is prohibited from erecting or creating any signs on
the premises which are visible from the outside or in any
area within the jurisdiction of the City without prior
written approval of the City. Interior signage or
advertising is subject to the City's approval.
4.1.11 Displav Advertisina.
Window display advertising is limited to both sides of
the northwest window facing north and a display
advertising panel on the exterior of the building
adjacent to the window used for display advertising, or
alternate window space if requested by UCC and approved
by the city. Display advertising on surfaces other than
windows is limited to those areas indicated on the
approved Design Layout as it may be modified with the
City's approval. Commencing July 1, 1991, at least 50%
of the total space in use for advertising on each side of
said window, on each side of the display advertising
- panel, and any other approved display advertising areas
shall be limited to businesses located within the City
of Chula Vista unless the City approves a reduced minimum
percentage.
4.1.12 Wall SDace.
Except as provided herein or otherwise approved by the
City, wall space will be posted only with public service
information consistent with material identified in this
agreement, and display material supplied or approved by
the City designed to promote visitor attractions in Chula
Vista.
4.1.13 Information Counter.
Display of retail merchandise on the Information Counter
top shall not significantly interfere with its ability to
be seen and used for providing visitor and transit
information. Display of additional retail merchandise
behind the counter shall present a neat, uncluttered
appearance.
4.1.14 Brochure Displavs.
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UCC will maintain at least one fully stocked brochure
rack in a highly visible area of the lobby area of the
premises containing brochures which provide information
on the major visitor attractions in Chula Vista and San
Diego County. UCC will also provide display space on the
Information Counter for brochures designated by the City
on Chula Vista attractions. UCC further will provide
space for transit brochures designated by the City in a
location mutually agreeable to the parties.
4 . 1. 15 Pav Phone.
UCC is required to maintain at least one public pay phone
on the Premises.
4.1.16 ComDliance with the Law.
Operation of the Premises shall comport with all
applicable ordinances, rules and regulations, including
but not limited to those provisions of the County of San
Diego Health Department's regulations relating to food
sales and consumption.
4.1.17 Restroom Access.
,-
The City reserves the right to allow bus drivers to have
access to the restrooms during hours that the Center is
closed, with said access being through the exterior doors
' opening into the Center's restrooms. No access will be
permitted in to the other interior areas when the Center
is crosed. UCC will lock the interior doors to the
restrooms when the Center is closed to help prevent
access.
.
4.2. Duty to Present and Obtain City Approval of a Design
Layout.
4.2.1 UCC will continue to work on completing a plan
which demonstrates the color scheme, theme, lighting, and
physical location of facilities such as umbrellas,
tables, chairs, racks, shelves, display advertisements,
etc. ("Design Layout") which UCC intends to incorporate
at the interior and exterior areas of the Premises. The
Design Layout shall be subject to the City's review and
approval and will be subject to all city rules and
regulations, including but not limited to Design Review.
UCC will use good faith and best efforts to provide a
graphic Design Layout acceptable to the City no later
than December 20, 1990.
4.2.2 From October 1, 1990, until said Design Layout is
mutually agreed upon by the parties, or until the
termination of this contract if agreement on the Design
Layout is not reached, city may terminate any use in the
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interior of the Center or layout of the interior
facilities which it finds objectionable; and UCC is
prohibited from use or decoration of the exterior areas
without the advance written approval of the City.
4.2.3 If the parties do not reach agreement on said
Design Layout by December 20, 1990, this agreement will
automatically terminate on April 1, 1991, unless the
parties mutually agree on an alternate termination date.
4.2.4 UCC shall not make any structural improvements or
changes to the Premises except in accordance with the
"Design Layout" which has been reviewed and approved by
the city.
4.2.5 UCC's operation of the Premises will conform to
the approved Design Layout. Any changes to the approved
Design Layout must have prior approval of the City.
4.3 Security.
UCC shall deposit $10,000 in cash as security to assu~e
that the Premises is returned· to its original condition
upon termination of the contract ("Security"). City
shall use best efforts to invest th&-Security in a manner
typical of other City investments. City shall pay
annually to UCC the interest earned on the Security at
the average interest rate earned by the City on all of
its liquid investments. UCC has the option to provide
City with a security bond in a form acceptable to City as
an al"ternati ve to secure UCC' s performance as herein
required.
4.4 Risk Mitigation.
4.4.1 Duty to conduct a safe operation.
UCC shall operate the premises in a safe and reasonable
manner.
4.4.2 Mutually Exclusive Indemnities.
UCC shall indemnify and hold harmless the City, the
Redevelopment Agency of the City of Chula Vista, the
County of San Diego, South Coast Organization Operating
Transit and the Metropolitan Transit Development Board,
and the elected and appointed officers and employees of
each ("Listed Indemnitees"), from and against all claims
for damages, suits, liability, cost and expense
(including without limitation attorneys' fees) arising
out of the conduct of UCC or any agents or employees,
subcontractors, or invitees in connection with the
execution of the work covered by this 'Agreement, except
only for those claims arising from the sole negligence or
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__m_..____ __
-
sole willful misconduct of the Listed Indemnitees. UCC' s
indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the
Listed Indemnitees in defending against such claims,
whether the same proceed to judgment or not. Further,
UCC at its own expense shall, upon written request by the
Listed Indemnitees, defend any such suit or action
brought against the Listed Indemnitees, its officers,
agents, or employees, the adverse outcome of which would
require UCC to indemnify the Listed Indemnitees. UCC's
indemnification of Listed Indemnitees shall not be
limited by any prior or subsequent declaration by UCC.
City shall indemnify and hold harmless UCC, and their
elected and appointed officers and employees ("UCC
Indemnitees"), from and against all claims for damages,
suits, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of
City or any agents or employees, subcontractors, or
invitees of City for those claims arising from the sole
negligence or sole willful misconduct of the City, or any
agents or employees, subcontractors, or invitees of City.
City's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the
UCC Indemnitees in defending against-osuch claims, whether
the same proceed to judgment or not. Further, city at
its own expense shall, upon written request by the UCC
Indemnitees, defend any such suit or action brought
against the UCC Indemnitees, its officers, agents, or
employees, the adverse outcome of which would require
. City'-to indemnify the UCC Indemnitees. City's
indemnification of UCC Indemnitees shall not be limited
by any prior or subsequent declaration by City.
.
4.4.3 Insurance.
UCC shall maintain insurance from responsible and solvent
corporations authorized to issue such policies in
California with a financial rating of at least a "A Class
V" status or better as rated in the most recent edition
of "Best's Insurance Reports" unless a lower rating is
approved by the City's Risk Manager. Said insurance shall
include worker's compensation coverage required by state
law and a minimum $1,000,000 employer's liability
coverage. In addition, UCC shall maintain comprehensive
general liability coverage in the amounts of $500,000 for
each single injury or death, $1,000,000 for multiple
injuries or deaths, $50,000 property damage or a
$1,000,000 combined single limit policy. UCC shall also
maintain all risk property insurance covering the value
of property inside the building. Each policy which UCC
maintains shall name the· City, Redevelopment Agency,
SCOOT, the County of San Diego and' the Metropolitan
Transit Development Board (MTDB) as additional insureds.
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4.4.3.1 Said policy or policies shall provide
thirty (30) days written notice to the City Clerk of the
City of Chula Vista of cancellation or material change.
4.5 Possessory Interest Tax.
Even though this is a site-specific services agreement, and
not a lease, UCC shall be responsible for any possessory
interest tax, if same may be successfully assessed.
4.6 Required Display of Paid Ads.
UCC will continue to display the existing ads for Radisson
Inn, National City; Radisson Inn, Mission Valley; ROdeway,
Chula Vista; and Humphrey's Florist, Chula Vista until
December 31, 1990.
5. Duties of Citv.
5.1 Duty to Make Premises Available for the Use and Occupancy
of UCC.
City agrees to make the Premises and Center available to UCC
in order to provide the Visitor and Transit Information Services
herein required, and to conduct such other collateral uses herein
permitted, which availability shall be to the exclusion of all
other commercial uses of the Premises and Center. UCC has no
independent right to occupy the Premises and Center except to
provide the Visitor and Transit Information Services.
- -
5.2- . Duty to Allow UCC to Conduct Certain Commercial
Activities.
5.2:1. Permitted Commercial Activities.
--
On the terms and.conditions herein specified, including
the City's approval of the Design Layout, UCC shall have
the right, and city shall permit UCC, to conduct the
following commercial activities at the Center:
5.2.1.1 Transit tickets and passes
5.2.1.2 "San Diego" and/or .IChula vista":
5.2.1.2.1 Caps
5.2.1.2.2 Bumper Stickers
5.2.1.2.3 Key Chains
5.2.1.2.4 T-Shirts
5.2.1.2.5 Pens and Pencils
5.2.1.2.6 Postcards
5.2.1.2.7 Buttons
5.2.1.2.8 Charms
5.2.1.3 Film, Flashcubes, and Batteries
5.2.1.4 Newspapers and Magazines
5.2.1.5 Sunglasses
5.2.1.6 Suntan Lotion/Chap stick
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"____ ____~·..·.,.____u.__,.
.
5.2.1.7 Postage stamps
5.2.1.8 Kleenex/pocket Combs
5.2.1.9 American Express services
5.2.1.10 Canned Soft Drinks
5.2.1.11 Pretzels w/mustard
5.2.1.12 Hot Dogs
5.2.1.13 Candy/Gum/Chips/snack Foods
5.2.1.14 Ice Cream/Frozen Yogurt
5.2.1.15 Coffee
5.2.1.16 Pastry
5.2.1.17 Cigarettes
5.2.1.18 Maps/Guide Books
5.2.1.19 Tourist Products, subject to Lessor
approval
5.2.1.20 Mexican Auto Insurance
5.2.1.21 Bicycle Rental, subject to Lessor
approval
5.2.1.21 Lottery Tickets
5.2.1.22 Tour and Excursion Tickets
5.2.1.23 Display advertising space as permitted
herein.
The sale of products or services not listed above
is subject to the City's approval. Such approval
shall not be unreasonably withheld, but shall be
consistent with the approved Design Layout.
5.2.2. Non-permitted Commercial Activities.
Without regard to City's approval of the Design Layout,
UCC·shall not conduct the following commercial activities
at the Center:
. 5.2.2.1. Alcoholic beverages.
5.2.2.2. Pornographic material.
5.2.2.3. Sexually oriented magazines or other
material, as determined by the City.
5.2.2.4. Drug paraphernalia including any items
commonly utilized for drug related
activities.
5.2.3 Accounting for Proceeds.
Within thirty (30) days after the end of each quarter of
the term hereof, commencing with the thirtieth day of the
month immediately following the first quarter of this
agreement, and ending with the thirtieth day of the month
succeeding the last month of the term of this agreement
or any extensions thereto, UCC shall furnish to the City
a statement in writing, certified by the UCC to be
correct, showing the total gross sales made in the Center
during the preceding quarter. UCC shall keep (a) full
and accurate books of account and records in accordance
with Generally Accepted Accounting Principals
- 10 -
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consistently applied, including, without limitation, a
sales journal, general ledger, and all bank account
statements showing deposits of gross sales, (b) all cash
register receipts with_ regard to the gross sales,
credits, refunds and othèr pertinent transactions made
from or upon the Premises and (c) detailed original
records of any exclusions or deductions from gross sales.
Such books, receipts and reCords shall be kept for a
period of two (2) years after the close of each calendar
year and shall be available for inspection and audit by
the City and its representatives at the Premises or at
the principal place of business of UCC during regular
business hours. In addition, upon request of the city,
UCC agrees to furnish to the City a copy of UCC's state
and local sales and use tax returns. The City shall,
within two (2) years after the receipt of any such
statements, be entitled to an audit of such gross sales.
Such audit shall be conducted by the City or by certified
public accountant to be designated by the City during
normal business hours at the principal place of business
of UCC. In addition, if any of UCC's quarterly
statements shall be found to have understated gross sales
by more than two percent (2%), or if such audit shows
that UCC has failed to maintain the books of account and
records required by this section so that the City is
unable to verify the accuracy of utc's statement, then
UCC shall pay to the city all reasonable costs and
expenses (including reasonable auditor and attorney fees)
which may be incurred by the City in conducting such
audit.
a-'
5.2.4 Sharing of Proceeds.
UCC.agrees to pay to the: City, on a quarterly basis, the
following percentage of the gross sales generated during
the preceding quarter, commencing for gross sales
generated during the last quarter of calendar year 1991,
and continuing for each quarter thereafter:
Quarterly Gross
Sales Ouarterlv Pavrnents
$ 0 - 25,000 0%
25,001 - 50,000 2% of quarterly gross
in excess of $25,000.
50,001 - 75,000 $500 + 4% of quarterly gross
in excess of $50,000.
75,001 - 125,000 $1,500 + 6% of quarterly gross in
excess of $75,000.
More than 125,000 $4,500 + 8% of quarterly gross in
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-- - ----+-_.._._~._.._-
--
excess of $125,000.
Such payments will be due on the 15th day of the calendar
month following the suhj ec~ quarter, commencing as of the
15th day of January 1992.
5.2.5 Deliquency Charge.
All quarterly payments due shall be delinquent on the
30th day of the calendar month following the subject
quarter and, without prejudice to any other rights of
City, including the right to institute Termination
Proceedings, shall be subject to an "Administrative
Management Charge" of five percent (5%) each month or
fraction of each month if unpaid. The Administrative
Management Charge is compensation for additional
accounting and administrative costs which will be
incurred by the City in processing the delinquency.
5.3 Duty to Permit UCC to Improve the Premises.
City shall permit UCC to make reasonable improvements to the
Center and the Premises in accordance with the terms and
conditions of this Section and the approved Design Layout.
5.3.1 All improvements and alterations shall be at
UCC's own expense and shall require the prior
written approval of the City.
. 5.3.2" UCC shall be responsible for the removal of
all additional improvements from the Premises
upon termination of this contract and shall be
. responsible for restoring the premises to its
original condition, with the exception of
normal wear on the premises.
5.3.3 Ti tle to Improvements and Personal Property
upon Termination. All improvements which UCC
has made to the Premises which can not be
removed without damage to the facility shall
become the property of city. All personal
property remaining on the Premises upon
termination of this agreement shall be deemed
to be the property of City.
6. Term:
6.1 Initial Term.
The term of this contract shall be for three (3) years,
commencing October 1, 1990 and ending September 30, 1993
subject to the extension and termination provisions of this
agreement.
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6.2 Ontion to Extend
Following the initial three (3) year term of this agreement,
the City and UCC shall have five (5) consecutive options to
extend this agreement for two year periods, for a maximum of
ten additional years. Other terms and conditions of the
contract during the option period(s) shall be the same as the
initial term. To exercise any such option to extend, the City
must give UCC written notice of its intention to extend at
least five (5) months before the expiration of the initial
term or then current extension period. UCC shall have thirty
(30) days to notify the City of its intention to accept the
extension option. UCC's agreement to extend shall be at its
sole and absolute discretion.
7. Maintenance. Renairs. and utilities:
7.1. UCC shall be responsible for keeping in good order and
condition the interior of the premises, the vending machine
area, and the rest rooms, including but not limited to,
interior walls, floors, windows and necessary cleaning
thereto. UCC shall clean and provide minor maintenance for
the rest rooms, which are a portion of the premises, for the
use of the pUblic. Restrooms will be cleaned at least once
per day on Mondays through Thursdays.._ Restrooms will be
cleaned at least twice per day on Fridays through Sundays and
on major holidays, unless less frequent cleaning is approved
in writing by the City. Restroom supplies such as toilet paper
and paper towels shall be provided by UCC. UCC shall be
responsible for all costs and supplies necessary for the
proper cleaning of the interior of the premises, including
graffiti removal which does not require painting, and minor
maintenance such as replacing interior light bulbs. UCC shall
be responsible for the professional cleaning of the interior
floors and vending machine area floor at least once every
three months using professional equipment and/or personnel.
UCC shall be responsible for maintenance of the exterior
advertising panels, steam cleaning of the exterior patios and
walkways' of the premises when needed, trash pick-up and
-removal, and exterior ashtray cleaning.
7.2. The City shall be responsible for repairing and
maintaining the exterior of the Center, including but not
limited to, the roof, exterior walls, and landscaping. The
City shall be responsible for repairing and maintaining all
permanent interior improvements to the premises. Said
improvements shall include, but not be limited to, plumbing,
utility systems, windows, fixtures, painting, and wall
coverings.
7.3. The city authorizes UCC to make emergency repairs of up
to $500 for items the City is responsible for repairing and
maintaining. Emergency repairs include but -are not limited to
broken windows and roof leaks. The City will reimburse UCC
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,
for reasonable costs up to $500 for such necessary emergency
repairs within sixty (60) days of submitting an invoice to
the City's contract administrator.
7.4. Notwithstanding the foregoing subsections, UCC will be
responsible for all repairs required as a result of negligence
of UCC or UCC's employees.
7.5. The City shall be responsible for all water, sewer and
electricity utility costs associated with the use of the
premises, including the restrooms. UCC shall be responsible
for all telephone costs.
7.6. UCC shall be responsible for trash disposal for the
premises. The City agrees to pay 50% of costs up to $1,500
for the construction of a trash screening area. Said
structure will conform with all City design review criteria.
UCC shall repair and maintain said structure during the term
of this agreement, with the structure becoming the property of
the City at the termination of the agreement.
8. Assianina and Sublettina
UCC may not assign, subcontract, transfer, sublet or encumber
the premises or any interest in this agreement (whether by
assignment or novation) without the prior written consent of the
City.
9. Termination
9.¡- Right-to Inspect Operations.
The City Manager, or his designee, ("Staff") of city shall
have the right to enter the Center, inspect same and review the
operations of UCC at any time during the term of this agreement.
9.2 Right to Determine Violations.
If Staff shall determine that UCC is in violation of the terms
of paragraph (9.4) ("Critical Violations") or (9.5) ("Significant
Violations") of this Section, or other provisions of this Agreement
("Other Violations"), Staff shall notify ("Notice of
Determination") UCC telephonically (or by such other method as it
shall determine appropriate given Staff's assessment of the
seriousness of the breach and the urgency of the need for cure) of
the violations. Staff's determination that a violation has
occurred shall not be reviewable by the City Council at this time,
but Staff shall use its reasonable judgment in exercising its
discretion hereunder.
9.2.1 Contents of Notice of Determination. .
The Notice of Determination, verbal br written, shall
contain the violation or violations, the date and time, if time
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.
specific, of occurrence of the violations, the nature of the
violations (i.e., Critical, Significant, other), and may establish
a time within which to commence and effect the cure if Staff
desires and if Time to Cure is required to be tendered by the terms
hereof (Paragraph (9.3.2».
9.3 Time to Cure.
9.3.1 Time to Cure Not Required.
If Staff reasonably determines that a violation by UCC
was or is either a willful and avoidable violation of Critical
nature as defined in paragraph 9.4, or not capable of cure, Staff
may institute Termination Proceedings, as hereinbelow defined,
immediately without providing time to cure.
9.3.2 Time to Cure Required.
Unless Staff is not required to afford UCC time within
which to cure the violation(s) pursuant to paragraph (9.3.1), Staff
shall establish a reasonable time within which to cure the
violation at or subsequent to the time at which it determines a
violation has occurred. Staff's establishment of a time within
which to cure shall be based upon its determination of UCC' s
culpability in committing the violation; economic feasibility to
cure, and need to cure.
9.3.3 Failure to Prosecute Cure.
Failure to commence the cure immediately, diligently
prosecute the èúre, and to effect the cure within the time set by
Staff shall be grounds for City's termination of this agreement,
and Staff may institute Termination Proceedings.
.
9.4 Critical Violations
The following shall constitute "critical Violations" of this
Agreement: .
9.4.1 The Center is closed, or otherwise not operational
in terms of providing transit and visitor service to the public,
for any cumulative (not necessarily consecutive) periods in excess
of eleven (11) hours during the specified minimum operating hours
in any 30-day period: or,
9.4.2 UCC engages in a course of activity which signif-
icantly impedes or diverts the flow of visitors, tourists and the
general public from Chula Vista business.
9.5 Significant Violations
The following shall constitute "Significant Violations" of
this Agreement: .
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. ':i, ð/
_.~_..--..'.'~- - ~_._._".._._--.-_...-- ---.-.--..--" --
,
9.5. 1 UCC I S performance does not present a posi ti ve
image of the City of Chula Vista or does not provide complete and
accurate information to request_from the pubic users of the Center;
or, _
9.5.2 UCC allows commercial activities to significantly
interfere with providing complete and accurate information to
requests from public users of the Center.
9.6 Other Violations
The following shall constitute "Other Violations" of this
Agreement:
9.6.1 UCC's failure to satisfactorily perform any other
requirement of this Agreement.
9.7 Termination Proceedings.
"Termination Proceedings", as herein referenced, shall take
the following form:
9.7.1 Staff shall establish a date for a hearing ("Hear-
ing") before the City Council of Termination of Agreement not
sooner that 7 days from the Notice of Determination.
9.7.2 Staff shall provide at least 7 days notice of the
Hearing to the UCC. Notice need not be given to any other party
except by the posting on a City Council Agenda.
9.7.3' At the Hearing, the City Council shall deliberate
upon the occurrence of a violation, and the right to cure the
violation, and on such other matters as UCC and Staff shall
determine ar& appropriate.
9.7.4 If the City Council shall, in the exercise of its
reasonable jUdgment, determine that the best interests of the City
are served by the termination of the agreement, it shall by written
resolution terminate the agreement.
9.8 Abandonment.
If the Center is closed, or otherwise not operational in terms
of providing transit and visitor service to the pUblic, during all
of the specified minimum operating hours for two consecutive days,
this Agreement shall be deemed terminated at the option of the City
Manager, or his designee, and upon exercise thereof, the premises
shall be deemed abandoned.
9.9 Force Majeure.
If a violation occurs that is caused by a fire, flood, bridge
collapse, chemical pOisoning, act of war, br similar major
calamity, and as a further result of said calamity, DCC is
- 16 -
~ '?I:¿'
· .
prevented from commencing and diligently prosecuting a cure for the
violation using reasonable efforts, the duty to cure the violation
shall be suspended for the period of time in which UCC is
prevented, not to exceed 1 month unless City agrees a longer period
of time is warranted. If such a calamity prevents UCC from
operating the Center, Section 9.8 (Abandonment) shall not apply
until such time as the Center could reasonably be reopened with UCC
and City exercising best efforts, in good faith. If all streets
providing direct access to the Center are closed for any reason,
UCC may at its discretion close the Center until at least one
street that provides access to the Center is open; such a closure
of the Center shall not constitute Abandonment under Section 9.8.
10. Administrative Claims Reauirement and Procedures.
No suit or arbitration shall be brought arising out of this
agreement, against the City, unless a claim has first been
presented in writing and filed with the City of Chula vista and
acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as
if fully set forth herein and such pOlicies and procedures used by
the City in the implementation of same..
Upon request by the City, UCC shalY meet and confer in good
faith with the City for the purpose of resolving any dispute over
the terms of this agreement.
11. Miscellaneous Provisions.
11.J: 'Attorney's Fees.
Should a dispute result in litigation, it is agreed that
the prevailing party shall be entitled to recover all
reasonable costs incurred in the defense of the claim,
including costs and attorney's fees, provided that said party
has exercised best efforts, in good faith, to negotiate a
settlement of the dispute prior to and during the litigation.
11.2 Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire
Agreement and understanding between the parties relating to
the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or
discharge is sought.
11.3 Capacity of Parties.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
- 17 -
g..á3
----_..~-~-----~--
,
capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
11.4 Governing law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any
action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the city
of Chula Vista, or as close thereto as possible. Venue for
this Agreement, and performance hereunder, shall be the City
of Chula Vista.
11.5 Independent Contractor.
City is interested only in the results obtained and UCC
shall perform as an independent contractor with sole control
of the manner and means of performing the services required
under this ASgreement. City maintains the right to reject or
accept UCC I S performance according to the terms of this
agreement. UCC and any of UCC's agents. employees or
representatives are, for all purposes under tl\Ís Agreement, an
independent contractor and shall not þe deemed to be an
employee of city, and none of them shall he entitled to any
benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, workers
compensation benefits, injury leave or other leave benefits.
11.ß -Financial Interests.
11.6.1 UCC and Starboard Financial Corporation warrants
that nei1!her they nor their employees or agents presently have
any interest, directly or indirectly, whatsoever in the
property which is the subject matter of the contract, or in
any property within three{3} radial miles from the exterior
boundaries of the property which is the subject of the
contract except as listed on Exhibit C.
11.6.2 UCC and Starboard Financial Corporation further
warrants and represents that no promise of future employment,
renumeration, consideration, gratuity or other reward or gain
has been made to UCC, Starboard Financial Corporation or their
associates. UCC and Starboard Financial Corporation promise
to advise the City of any such promise that may be made during
the term of this contract and for subsequent extensions.
11.6.3 UCC and Starboard Financial Corporation may not
conduct or solicit any business for any party to this contract
or for any third party which may be in conflict with UCC's
responsibilities under this contract.
11.6.4 UCC and Starboard Financial Corporation further
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j,.. ;If
..
.
agree to waive and forego the following: relocation benefits,
owner participation rights and claims for goodwill.
12. Contract Administrator: -
The city Manager or his or her designee shall be the contract
administrator for purposes of this contract. For those conditions
requiring the written approval of the City, the City Manager, or
his or her designee, shall have the authority to provide said
written approval.
13 . Correspondence and Noticinq:
Correspondence relating to this agreement should use the
addresses given below:
Jim Thomson, Deputy City Manager Christopher L. Hayes
City of Chula Vista Executive Vice President
Management Services Department Urban Convenience Corp.
276 Fourth Avenue 1202 Kettner Boulevard
Chula Vista, CA 92010 Suite 5100
San Diego, CA 92101 -
,
,.
THE CITY OF CHULA VISTA URBAN CONVENIENCE
CORPORATION
Mayor of .
ey
.
- 19 -
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.
EXHIBIT B
PARTIAL LIST OF VISITOR SERVICES TO BE HANDLED BY THE VISITOR
INFORMATION CENTER:
1. Clubs and Organizations - within community.
2. Activity Schedules - Public Events
3. Nature Interpretive Center
4. Olympic Training Center
5. Street Information - Closures, Detours, etc.
6. Medical Services - Listing within community
7. Professional Services - Listings within community
8. Chamber of Commerce Service directory
9. Churches - Locations and schedules
10. Lodging Facilities within community
11. Dial-A-Ride
12. Meeting rooms - locations
13. Real Estate offices
14. Government Services & Referrals to Appropriate Department
15. Schools within community
16. Recreation Sites within community
17. Historical Sites
18. Health Facilities ,
,.
19. Public Officials within community
20. Museums and Schedules
2l. Trains, stations and schedules
22. Mexico - information on tourist cards, parking, etc.
23. Tourist Attractions - Locations and Schedules
24. Parks, Playgrounds, Picnic Areas and Local Beach Information
25. Post Office and other Public Building Locations
26. Newspapers and local pUblications
27. Community Events - Parades, Displays, Seasonal Promotions
.
<is'" -31 ,
_n.~..n .-...---"--...-------. -- --
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EXHIBIT "C"
With reference to contract dated September 13, 1990 paragraph
11.6.1: Starboard Financial Corporation is the fee Developer for
the Rohr Center Office Complex located in Chula vista. This
project is a build to suit and will be occupied by Rohr
Personnel. There is no equity position, in the project, for
Starboard Financial Corporation.
.
...
..
. -
,
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. COUNCIL AGENDA SfATEMENf II
,
ITEM
-
MEETING DATI~ 2/19/91
fl'EM TITLE: Resolution/~70APproving Amendment to Agreement with Urbun
Convenience Corporation for Operation of the Bayfront Visitor
Information Center
/ --
SUBMITfED BY: Deputy City Manager Thomson )/
.,
REVIEWED BY: City Managerj (4/5ths Vote: Noll Yes_)
'-,'
,
At its Se¡: nber 18, 1990 meeting, the City Council approved a three-year agreement with
Urban C-nvenience Corporation for the operation of the Bayfront Visitor Information
Center commencing October 1, 1990. One of the provisions of that contract was that
Urban Convenience Corporation formulate a graphic Design Layout acceptable to the City
by December 20, ] 990. Urlmn Convenience Corporation has asked for a six month
extension of that date, and staff has negotiated the attached contract aml'ndmcnt to
provide for such an extension.
RECOMMENDATION: That Council adopt the resolution approving the amendment to the
agreement with Urban Convenience Corporation for the operation of the Bayfront Visitúr
Information Center.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
When staff was negotiating the agreement with Urban Convenience Corporation (UCC) for
the operation of the Visitor Center, UCC had indicated its desire to install exterior tables
and chairs to make the exterior area more of an activity area and to make some limited
improvements to the interior of the Center. Because of the September 30, 1990
termination date of the interim agreement with Charles Costa Enterprises, it was not
feasible to have UCC prepare formal plans for those interior and exterior improvements and
obtain necessary design review and other City approvals prior to finalizing the contract for
opf'rarion of the Center starting on October 1, 1990. Staff therefore negotiated u
requirement in the approved contract that UCC subsequently prepare an intelior and
exterior design layout for City approval prior to implementing such improvements. The
approved agreement required UCC to complete a graphic design layout acceptable to the
City by December 20, 1990, and indicated that the agreement would automatically
terminate on April 1, 1991 if the design layout was not completed and approved by
December 20, unless the parties mutually agreed on an alternate termination date. As
indicated above, UCC has requested a six month extension of that date until June 20, 1991.
- /; -l- .
~.. 31
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PAGE 2, rrEM II
MEEIlNG DAlE 2/1919]
The proposed amendment to the contract with UCC provides for an extension of that date
to June 20, 1991, and provides the City with a unilateral right to terminate the agreement
a¡ the City's convenience if the parties do not reach agreement on a design layout by the
extended date.
Both in the originally approved contract and in the contract amendment, any structural
improvements or changes to the Visitor Information Center that UCC desires to make prior
to the approval of a design layout will require advance written approval of the City. UCC's
operation of the Visitor Center has generally been satisfactory, and the City essentially
retains veto authority over the layout of UCC's operation of the Visitor Center prior to the
design layout being approved. Staff therefore does not see any real problem with
extending tne date for the preparation and approval of the design layout. In fact, the
whole purpose of the design layout requirement is to provide a process for City approval
of improvements to the Visitor Center that UCC desires to make. Thus the intent of this
provision is to encourage UCC to make limited improvements to the Visitor Center, subject
to City approval.
FISCAL IMPACf: The proposed contract amendment would not have any fiscal impact
since it would allow a continuation of the contract with UCC for the operation of the
Visitor Information Center. There would likely, however, be a significant fiscal impact if I
the contract amendment is not approved. Disapproval of the contract amendment could
result in the automatic termination of the agreement with UCC on April 1, 1991. ßased
on the other responses received from the RFP issued in June 1990 for the operation of the
Visitor Center, the City would likely need to significantly subsidize the operation of other
potential operators of the Visitor Center. It is thus fiscally beneficial to the City to
continue the agreement with Urban Convenience Corporation.
C:\VIC-A
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FIRST AMENDMENT TO CONTRACT
TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES
AT THE CHULA VISTA VISITOR INFORMATION CENTER
THIS FIRST AMENDMENT TO CONTRACT, entered into this January 2,
1991 for the purposes of reference only and effective as of the
date last executed by the parties, is between the City of Chula
vista (hereinafter "City") and Urban Convenience corporation
(hereinafter "UCC").
RECITALS
WHEREAS, Urban Convenience Corporation was awarded a contract
to provide visitor and transit information services at the Chula
vista Visitor Information Center for a three-year period commencing
October 1, 1990, and
WHEREAS, section 4.2 of said contract requires UCC to use good
faith and best efforts to provide a graphic Design Layout
acceptable to the City no later than December 20, 1990, and
WHEREAS, UCC has requested a six-month extension of this
requirement and is agreeable to providing the city with a
unilateral right to terminate this agreement at the City's
convenience if the parties do not reach agreement on said Design
Layout by June 20, 1991.
NOW, THEREFORE, the parties agree as follows:
1. Section 4.2 of the original contract shall be replaced in
its entirety by the following:
4. 2 Duty to Present and Obtain City Approval of a
Design Layout
4.2.1 UCC will continue to work on completing a
plan which demonstrates the color scheme, theme,
lighting, and physical location of facilities such
as umbrellas, tables, chairs, racks, shelves,
display advertisements, etc. ("Design Layout")
which UCC intends to incorporate at the interior
and exterior areas of the Premises. The Design
Layout shall be subject to the City's review and
approval and will be subject to all City rules and
regulations, including but not limited to Design
Review. UCC will use good faith and best efforts
to provide a graphic Design Layout acceptable to
the city no later than Ðeeemecr 29, 1990 June 20,
1991.
4.2.2 From October 1, 1990, until said Design
Layout is mutually agreed upon by the parties, or
~ ~ '/:1
-------
..
2. All provisions of the original contract shall remain in
full force unless otherwise amended herein.
THE CITY OF CHULA VISTA URBAN CONVENIENCE CORPORATION
~¿ ft¡".øtóUl.f
Mayor of the City of'Chula vista
Atte"~¡/ a,¡l,6Ji
C y Clerk
Approved as to form by
\t)LC L \\~ 'f-(ti
Assistant ~ t orney
C:\CHUCK\AGMT-VIC
<6;" tJ 3
-,,' -,_.~_...~----_...._.-..-
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 02/04/92
ITEM TITLE: RESOLUTION 16467 (Revised) to approve the Midbay-
front 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
SUBMITTED BY: Community Development Director ( ~ S I
REVIEWED BY: City Manager flf
(4/Sths Vote: Yes _ No X)
BACKGROUND:
At the City Council meeting of January 21, 1992 the Council adopted a resolution approving the
Midbayfront Conceptual Development Plan and taking related actions. The developer desires
certain changes to the resolution which the Council consented to in discussion at that January 21,
1992 meeting; but Council took no official action on these specific changes, so they were not
incorporated into Resolution 16467 approved at that meeting. In order to incorporate these
changes desired by the developer and consented to by the Council, it is necessary for the Council
to readopt the Resolution 16467 as resubmitted on this agenda.
RECOMMENDATION: That the City Council adopt Resolution 16467 (Revised) to approve
the Midbayfront Conceptual Development Plan (Subcommittee Alternative) with modifications
and taking related actions.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The significant change incorporated in Resolution 16467 submitted on this agenda deal with
phasing of development. Paragraph I.B.(16) of the January 21, 1992 submission of Resolution
16467 required that a phasing plan be submitted with the LCP Resubmittal which called for the
first phase of development to include development of the core area and to allow a maximum of
25 percent of the northern area residential development. Resolution 16467 submitted on this
agenda moves that first phase defmition to Paragraph I.C.(2), to make it a requirement in the
Development Agreement rather than the LCP Resubmittal.
Additionally, Paragraph I.C. (Development Agreement Conditions), now indicates that the
developer shall provide completion security . sufficient to the City's reasonable satisfaction.. .. '.
Finally, typographical/clerical corrections are made in Resolution 16467 resubmitted on this
agenda.
FISCAL IMPACT: N/A
[C,IWP51ICOUNCILI113SIBA YFRNTl.113 ~. I If- .
__..._.________..______. ......_..___m..
Revised for 2/4/92
Council 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
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 1
q.?J
-- ---~--~--^-",.._---------_._-----~
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-89-08) 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 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 Resubmittal No. 8, Alternative 8
; and
WHEREAS, the City Council certified the EIR on August 20,
1991 wherein the Project was described as Alternative 8,; and
WHEREAS, the city Council adopted Resolution No. 16328 on
August 20, 1991, which neither approved nor disapproved of
Alternative 8 but referred same to the Bayfront Planning
Subcommittee for their review and recommendation; and
WHEREAS, the Bayfront Planning Subcommittee held
approximately 15 public meetings and recommended to the city
Council that they approve Alternative 8, as identified in the
EIR, with minor modifications. As so modified by said
subcommittee, the recommendation of said subcommittee is
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 2
q·4
,. . _..,~....._.__.. ___.__.~_....___..___.____,.,'"_.._ _'_'M_'.'_...__ _______.__.
officially referred to as the Midbayfront Conceptual Development
Plan (Subcommittee Alternative), and shall hereinafter be
referred to as the "Subcommittee Alternative"); and
WHEREAS, these minor modifications proposed by 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 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
EIR was prepared which identified the proposed Subcommittee
Alternative modifications and which concluded that said
modifications did not change 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 II, 1991, that
the EIR for Resubmittal No. 8 would be used as the EIR for the
Midbayfront Conceptual Development Plan (Subcommittee
Alternative); and
WHEREAS, the Planning Commission conducted a pUblic hearing
on December 18, 1991 for the purpose of hearing public testimony
as to the Subcommittee Alternative and the proper and adequate
preparation of the EIR, and at a continued meeting thereof held
on January 8, 1992, by the adoption of their resolution, PC No.
89-08A, recommended to the City Council the certification of the
EIR and approval of the Subcommittee Alternative with additional
minor modifications ("Planning Commission Alternative); and
WHEREAS, a public hearing was held before the City Council
on January 14, 1992 for the purpose of approving Midbayfront
Conceptual Development Plan (Subcommittee Alternative) providing,
among others, for the development of the site in the manner
described by the Subcommittee Alternative, and for the further
purpose of certifying the EIR, making findings and adopting a
mitigation and monitoring program and statement of overriding
considerations; and,
WHEREAS, at their meeting of January 14, 1992, the City
Council did conduct and close said public hearing, certified the
proper preparation of the EIR for the Subcommittee Alternative by
their adoption of Resolution No. 16466, proposed amendments to
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 3
q.S
.·._n_....____________..._ ._._ ..._...___.____.___..__.._,.___.___._.___,_.~_
the concept plan (which as so amended, shall hereinafter be re-
ferred to as the "Council Alternative", or alternatively
hereinafter as the "Project"), and directed staff to prepare and
return to the Council a revised approval resolution which
incorporates their proposed amendments; and,
WHEREAS, the EIR certified by the City Council on August 20,
1991 and again on January 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:
1- Project Approval.
The city Council approves the Midbayfront LCP Conceptual
Development Plan (Subcommittee Alternative) as herein modified
("Concept Plan") and by doing so, directs the staff to process,
and return to council for approval of, an LCP Resubmittal for the
territory of the Midbayfront, a Redevelopment Plan Amendment and
a General Plan Amendment that provides a plan for the development
of the Midbayfront consistent with the Midbayfront LCP Conceptual
Development Plan (Subcommittee Alternative), with the following
changes, conditions, information and additional processing
direction:
A. Informational Conditions.
At the time the General Plan Amendment and the LCP
Resubmittal are returned to the Council for review and approval,
they shall be accompanied by the following types of information:
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 4
't.1D
.,--,- --.---..".-.- .... ---,.-----------..----.-.-.-.
(1) 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 adequate lead time for a thorough staff review. The cri-
teria for approval of this report shall be that it demonstrates
clearly that the project/phasing proposed is economically
feasible. The report shall include a supportable statistical
basis for marketing (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 project to remain economically feasible.
(3) Shipbuilding Jobs.
One or more optional plans for the Council's approval
and implementation that will permit the preservation of jobs
otherwise provided by the shipyard at the foot of F Street that
may be dislocated by the Project. One such plan may include the
relocation of the shipyard facility.
(4) Coordination with Coastal Commission Processing.
Staff is directed to review with the Coastal Commission
what other communities have done with regard to mass transit
programs and how such programs affects traffic and to work with
the Coastal Commission staff as to the acceptability of the
proposed building heights and other project features.
B. Project Related Conditions.
At the time the General Plan Amendment and the LCP Resubmit-
tal are returned to the city Council for their review and
approval, they are to be returned in a manner that proposes,
among such other conditions that the staff deems appropriate, the
following conditions:
(1) Cultural Arts Facility.
Upon determination by the city Council that a cultural
arts facility of the type described herein ("Facility") is most
appropriately placed within the territory of the Concept Plan,
mbfd11-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 5
'1.1
--~_.._..._~_.__._---_.~-~-,-~.-
the Developer shall dedicate the land sufficient for the Facility
(including parking for the facility), within the territory of the
Concept Plan, and develop and present to the Council for ap-
proval, a feasible (in the judgment of the City Council) financ-
ing plan that will permit the design and construction of a multi-
functional cultural arts center with a minimum goal of 2,000 seat
capacity of such a design that meets with the satisfaction of the
City Council, and which, as part of said financing plan, will
provide for significant Developer contribution to such a project,
and which may further provide for Port participation.
(2) Ice Rink/Park.
The Developer shall dedicate the space and parking for
same, within the territory of the Concept Plan, and either cause
the design and construction of, or fund the design 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 park or other recrea-
tional facility designed and constructed to the satisfaction of
the City Council.
(3) Limited Number of High Rises.
The General Plan Amendment and LCP Resubmittal shall be
processed to provide no more than four (4) "high rise" struc-
tures. The term "high rise structure" means any building more
than ten (10) stories tall.
(4) Parking
A minimum of 75 percent of the required parking for the
Resort and Residential uses shall be provided in subterranean or
concealed parking structures;
(5) Bike/Hiking Trails
An integrated trail system to maximize trail and visual
access to the bay front shall be provided and shall provide
linkage 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
mbfdU-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 6
'i.H
- --,~--_.- .. .~.. -_.- -----'-'---"'''- - - ---_.._._._----_.__._-----_.~----,..__._-_.,,-,--
The Project shall not cause traffic in the Project
vicinity to be reduced to below accepted City Thresholds as
articulated in the Growth Management Program. A traffic
monitoring program shall be established as an implementation and
phasing requirement;
(8) Conversion of Hotels
Hotels may not be converted for residential use, and
authorized but not-built hotel units are not contemplated for
residential use;
(9) Family and Luxury Housing--Omitted.
(10) Affordable Housing
The project shall address the City's policy and
practice of providing a 10 percent Affordable Housing goal (per
City's Housing Element), and in this reqard. the citv Council may
entertain fees in lieu of construction;
(11) Air Quality
An Air Quality Improvement Plan (as defined in the
Growth Management Ordinance) shall be required for approval
concurrently with the project submittal (SPA Plan);
(12) Water Conservation
A Water Conservation Plan (as defined in the Growth
Management Ordinance) shall be required for approval concurrently
with the project submittal (SPA Plan);
(13) Schools
An agreement will be reached between the Districts,
applicant, and city to assure that facilities for students
generated by the project will be available when needed;
(14) Nature Interpretative Center Benefit or
Assessment District.
The properties enjoying the benefits of the Nature
Interpretative Center (including the Midbayfront) will be
included within a yet to be established Benefit or Assessment
District which will contribute full operational costs of Center
programs); and
(15) Private Lagoon
mbfd11-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 7
q~4
--...------.---.....----
The private lagoon in the northern residential area
would be a private amenity for that area;
(16) Phasing.
Entitlements to develop the Project shall conditioned
on a Phasing Plan acceptable to the city council which Phasing
Plan shall be programmed to ensure fiscal benefits to the city,
and early implementation of public parks and the Cultural Arts
Facility. Updated and objective market, economic, and fiscal
analyses shall be provided prior to the commencement of any phase
of development. Phasing program shall be conditioned to require
performance guarantee of developer. The first ~Rase shall
inelaàe à67elepmeR~ af the sere area eampriBiß~ the la~eeH, esrÐ
he~e16, re~ail:eemmereial ~ith residential aseve, aBå aper~e
semple]!. Resiàeft~ial àC7elepmeB~ iH ~fte nerthera area (Ber~ft af
UariRa J?'ar]E:\.~ay) lBa~i se iBeluàeel t.e a m8xi1l\Hl\ af 25 pe.resß'E af the
total BUMÐcr af uBits;'
(17) Assurances of Development--Development Agreement.
The General Plan Amendment or the LCP Resubmittal, and
any entitlements therein conveyed, shall be conditioned upon the
City and the Developer reaching an agreement ( "Development
Agreement" ) which addresses, among other things as the parties
may desire, those matters hereinbelow set forth as Development
Agreement Conditions.
C. Development Agreement Conditions.
The Developer shall commit. in the form of a proposed and
executed Development Aareement. to. and provide the citv with.
securitv sufficient. to the city's reasonable satisfaction. to
insure that the different phases of the proiect prior to
commencement of any such phase will be completed. It is the
intent of this paraaraph that the completion of all public
infrastructure shall be auaranteed or otherwise suitablY bonded
prior to commencement of any such infrastructure and that the
completion of each private structure shall be auaranteed or
suitablY bonded prior to the commencement of construction of any
such private structure. The Council may consider waivina the
security sufficiencv reauirement for a Developer that is a
aovernmental aaency.
(1) Cultural Arts Facility contribution.
As part of financing plan required by the conditions of
1- See movement to location of footnote No. 2.
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 8
tt- I Ö
......-..- - - -_.-.._.~--"~-"----_..__.,.,- ..-.-
this resolution hereinabove set forth, Developer shall provide
for significant Developer contribution to the design and
construction of such a Facility, and which may further provide
for San Diego Unified Port District participation.
By approving the Concept plan, the city council intends only to
give, and gives 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, 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 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 reaching terms as to a Development Agreement
wherein the City confers vested rights in the Developer, the
Developer shall receive no vested rights to develop prior to the
commencement of construction pursuant to validly issued building
permits.
(2) The DeveloDment Aareement shall Drovide that the
first Dhase of develoDment shall include develoDment of the core
area comDrisina the la4oon. core hotels. retail/commercial with
residential above. and sDorts comDlex. Residential develoDment
in the northern area (north of Marina Parkwav) mav be included to
a maximum of 25 Dercent of the total number of units.2
2. CEQA Findings and Statement of Overriding Considerations.
A. Adoption of Findings.
2. The Developer strongly desires that the Development Agreement
defines the phasing, and not the LCP Resubmittal. Due to the
fact that such would give the city more flexibility, staff
approves the change. It was consented to by the Council, but no
official motion was made to make the correction. Since we can
not amend an ordinance or a resolution except to make a
typographical or clerical change, the Council needs to approve
this change, which they will do by adopting this resolution.
mbfdll-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 9
q - I.
~- --...-..-. -" -~-_.-.-,--_.._.- ._._.._-~--. ......~--
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
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 cons'derations that render
that unavoidable significant adverse env.· nmenta effects
acceptable.
ed b by
\
Chrl. Salomone, Director Bruce M. Booga
of Community Development city Attorney
mbfdH-E.wp Resolution re Midbayfront Conceptual Plan
January 16, 1991 Page 10
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LA~Fl:Y N. MuRNANE
flU No.
January 31, 1992 3848.002
via fa~ and messenger
Mayor Tim Nader and Members of
Chula Vista city Council
CITY OF CHULA VISTA
276 Fourth Avenue
chula Vista, california 92010
Re: February 4, 1992 City council Hearing
Preliminary Mid-Bayfront LCP Amendment Schedule
Dear Mayor Nader and Members of Chula vista City council:
We are very concerned over the length o·f time (8 months) that
it is estimated to complete the LCP, General Plan, and
Redevelopment Plan·Amendments. We had hoped that this task could
be accomplished within two to three months, so that the LCP could
be presented to the Coastal conunission for certification mid-summer
1992. We do not understand why further environmental study is
being required. Our client just spent hundreds of thousands of
dollars in an EIR for this LCP submittal!!
In talking with Chris Salomone, it was his position that
certain specific items must be negotiated and agreed to, prior to
the City council's final consideration of the LCP Resubmittal. We
do not object to this concept, and will work diligently with your
staff and the City Manager to negotiate and come to terms on these
very important issues. However, we were always under the
impression that the LCP Resubmittal would be approved prior to the
Development Agreement.
~ c;-) )
·
FROM PETERSON/PRICE PAGE.003
Mayor Tim Nader and Members of
Chula vista City Council
January 31, 1992
Page 2
To this end, Condition Nos. 16 and 17 on page 8 of Resolution
No. 16467 clearly indicate that the General Plan Amendment, LCP
Resubmittal, and Redevelopment Plan Amendment ahall be conditioned
upon a phasing plan and Development Agreement acceptable to the
City council.
Mr. SalO\1lOne has pointed out that if we are going to
accelerate the LCP Resubmittal process, that a Memorandum of
Understanding be entered into to address the key issues. The
Memorandum of Understanding could then be incorporated into the
final Development Agreement. OUr client would not object to this
approach.
To delay the LCP Resubmittal approval eight or nine months
until all the items contained within the preliminary Mid-Bayfront
LCP Amendment schedule are completed would cause a tremendous
financial burden on our client, and would mean that ill. Coastal
Commission certification could not be reached until 1993.
In this regard, we would strongly urge the City Council to
request staff to expedite the processing of the LCP Amendment, the
General Plan Amendment, and the Redevelopment Plan Amendment, so
that it can be before the City Council for approval by no later
than the early part of April 1992. We believe that this achedule
could be accomplished since the LCP Resubmittal and General plan
Amendments have already been prepared.
At the same time, we would urge the City council to request
staff to prepare a list of critical isaues which need to be
negotiated and ,agreed to prior to the City Council's consideration
<}-/1
.--.--
FROM PETERSON/PRICE PAGE.004
Mayor Tim Nader and Members of
Chula Vista City Council
January 31, 1992
Page 3
,
of the LCP Resubmittal, the General Plan Amendment, and the
Redevelopment Plan Amendment. This priority list will enable us to
immediately undertake negotiations, reach agreements, and prepare
the Memorandum of Understanding, which could then accompany the
various plan amendments.
Thank you for your courtesy in this regard.
Sincerely,
PETERSON & PRICE
A Professional Corporation
\l(Qk\-.~ ~
Matthew A. Peterson
cc: Chula Vista Investors
Bruce Boogaard, Esq., City Attorney
John Goss, City Manager/Executive Director
Chris Salomone, Director of Community Development
City of Chula Vista Clerk
---
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Jl4~. I
INFORMATION MEMORANDUM
January 31, 1992
TO: The Honorable Mayor and City Council
,
VIA: John D. Goss, City Manager ø
i/ S.
FROM: Chris Salomone, Community Development Director C -
SUBJECT: Processing Schedule - Midbayfront Project
Attached is the proposed schedule for processing the Midbayfront Project. The primary
documents are:
[1] Local Coastal Plan Amendment;
[2] General Plan Amendment;
[3] Redevelopment Plan Amendment; and
[4] Development Agreement.
These documents can be developed concurrently. A number of additional studies and plans have
been conditioned to accompany the documents. The complexity and diversity of these activities
could create impacts to the schedule. A list of scheduling assumptions is also attached. Staff
will expedite this priority project. Since many issues have been defined, some speedier
timeframes may be possible. Finally, staff will request the on-going assistance of planning,
legal, environmental, and economic feasibility consultants to this project as the schedule moves
forward.
[C:IWPS 1 ICOUNCll.\MEMOSIINFO-I a.MEM]
c; ,It
LCPA Schedulinq Assumptions
:l:n qeneral, the preliminary aohedule reflects a very ag-gres.ive
approach to the project and an extrelllely high level of coopera-
tion/responsiveness on the part of the applicant, consultants and
staff. The indioated proc.ssinq ti11le frame is nearly the mi.nimum
which could be realistically expected and includes several
favorable assumptions. Should any of these assumptions prove
erroneous, the sOhedule would. be impacted.. Several of theso
important assumptions are described below,
1. The schedule assumes work begins i-.ediately, at the begin-
niny of February, with preparation of the Land Use Plan and
Marketing study. Consultants to define, prepare, and review
these work produots should be ourrently under contract and
their respective soopes of work defined.
2. The schedule assumes that each step in the economic analysis
will validate the ourrent land plan and the residential
dependence/feasibility of the project will not be in ques-
tion. If the projeot continues to appear infeasible or only
marginally feasible, additional work and time will be neces-
sary to determine the appropriate economic parameters for
the project.
I
3. The schedule assumes that the recommendations ot CUltural
Arts Center Study can be readily incorporated into the land
use plan and the applicant's economic contribution to the
cultural arts facility will be defined and accepted. Ac¡ree-
ment in regard to off-site improvements, school facilit1es
fUnding, and project phasing- are other important factors
which affect the eoonomio pertormanoe or the project. It
aqreement on these issues requires lenqthy neqotiation, or
test1nq of alternative oþtions, the Bohedule would be im-
pacted.
4. The schedule assume. that the applicant's submittals will be
clearly responsivB to direction given by adopted policy and
staff reoommendations. Several of the documents to be
prepared will be utili..d to implement and administer the
entire Balfront rrojeot. The new dOClWllent.. should i1llprove
upon the dentif ed shortcoming-8 in the Clurrent: dooumentø,
as well as aOOO1Ulodate the applioant'. MidbayCront projeot.
If multiple submittal/revision iterations are required to
produce adequate documents, the schedule will be affected.
5. The Development Aqreement hae a unique role in this project
and settlement of the numerous issues to be addressed in
that agreement is nece.sary prior to completion of several
other projsct documents. The schsdule assumes that the
major provisions of the development agreement will be
ClNTIIt ASIOCIATDI\UI/JW9Z) 1
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"fixed" within a limited tiœe frame, providing the necessary !
input for subsequent tasks.
í
6. The sohedule assumes that the project will be sufficiently ,
oonsistent with the Alternatives described ,in the certified
BIR such that a subsequent or supplemental ErR will not be I
required. ~he mitigation measure. identifiød in the EDR are
assumed to be fully inoorporated in the project. The sched-
ule alsO assumes that all identified environmental impacts I
will be sufficientlY mitigated and no "new" environmental !
impacts are identified so that a Negative Declaration will !
be the appropriate CEQA dooument. Should any of these
environmental as.umptions prove inocrr.Qt, the schedule will
be impaoted. i
7. The schedule assumeS that early consUltations with Coastal ,
Commission staff will not raise major impediments to the I
project. Should major issues be raised, any potential
project mOdifications which require re-study or re-analysis
would affect the schedule- I
,
!
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EXIllBIT A
BEFORE THE CHULA VISTA
CITY COUNCIL
January 14, 1991
RE: Proposed Midbayfront Conceptual Development Plan;
"Subcommittee Reéommendation"
(Alternative 8, with minor modifications
reauired 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.! 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
! 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 Planning. Inc.. v. Board of Supervisors
(1981) 122 Cal.App.3d 813 [176 Cal.Rptr. 342].
Page 1
9-/;
--.._.-,," ..------ ~.~m_
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 JÓ Alternative 8. That
project i 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
recommend 'on is referred to, and has been noticed as, "Subcommittee Alternative". The
applicant is r esting the approval of a conceptual development plan" or a "concept plan" only.
Should the City Co cil choose to approve the Subcommittee Alternative, then the applicant will
be required to prepare ised LCP ResubmittaI and General.Plan documents to reflect the new
concept plan contained i the Subcommittee Alternative. The concept plan defmes the land uses
that are contained in the bcommittee Alternative proposal. Additionally, should the City
Council choose to approve'the concept plan, further environmenraI documentation will be
required pursuant to CaliforniàAdministrative 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 resldential units from 1400 to 1000, 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 fór the approval of the Concept Plan. 3
II.
¡PROJECT DESCRIPTION
/ .
The proposed Project (the Subcommittee Alternative or the "Project") is a ~ use project
totalling approximately 3.3 qi'illion square feet of building area. The EIR fo~this Project
examines the Project at a "f level" of approval only. Prior to any construction'bn 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
.------- .---
further environmental analysis will be required to further refine and define the impacts associated
with the Project. Consequently, this EIR is defined 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 resubmittaIs, general plan amendm.ents, 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 10-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 1Q-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 resubmittaI 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.
m.
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
9 ~;¿o
-- -------_.---_.__._-_.__..._.,_._~--_.__.._--,_._~.-
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)-2010;
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 Local 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 SigI\Ïficant 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
lessen 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
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 [mdings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-sie:nificant 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 "ootentially 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 [mdings 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 [mdings,
and will be effectuated through the process of constructing and implementing the concept plan.
VI.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, the City Council of the City of Chula
Vista, in adopting these [mdings, also adopts a mitigation monitoring and reporting program as
prepared by Keller Environmental Associates, Inc. The program is designed to ensure that,
Page 5
9 -;2 /
._-.-. - - ~_.,- - --- -- -_..._.._._------~~~._.__..__...__.
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 QQ !!Q1 necessitate any significant changes to Mitigation and Monitoring
Plan (MMP).
VII.
SIGNIFICANT AND POTENTIALLY SIGNIFICANT
EFFECTS AND MmGATION MEASURES
The Final EIR identified a number of significant or potentially significant environmental effects
(or "impacts") that Local Coastal Program Alternative S 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
proposed Project become significant for selected environmental resources as detailed below.
Potentially Si~nificant 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, p.4-6]
Ground settlement due to consolidation of compressible bay deposits and artificial fill
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, p.4-12]
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 2D-year period [FEIR, Volume II, p. 3-84 through 3-115; Volume I, p. 4-13]
.
Page 7
9~.2
--- ---~_...-._-----_._.._.-
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 through 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 through 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 through 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 through 3-164; Volume I, p. 4-21]
Proposed Project would result in increased fire inspection workload [FE~, 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
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 II, p. 3-162 through 3-165; Volume I, p. 4-23]
Adequacy of supply and infrastructure for lagoon water from wells [FEIR, Volume II,
p. 3-162; Volume I, p. 4-23]
Potentially inadequate funding for school transportation costs [FEIR, Volume II, p. 3-162
through 3-167; Volume I, p. 4-23 through 4-24]
Significant 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
9 -;J- ;;
_....______.__.... .._.,..,_^._·m·___~~_____ --.-"
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
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/SOILS/GROUNDWATER
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 tei 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]
l. 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
9 -,.2 Ý
-- -_.~_._._---- - ..-----.-....------
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 incluØe 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 mis, to precompress saturated
alluvial deposits or bay deposits which exist below the groundwater table.
Portions of roadway mis, 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 IO-acre salt water lagoon from San Diego Bay
has tentatively been designed with a crown elevation of + II feet. Wind-induced
storm waves (discussed in the Hydrology Section of this ElR) or earthquake-
induced flooding could exceed the height of the embankment. An assessment
Page 12
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 embankm~nt 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 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 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 ¿; ..5
/-2
__.._._ ~ ___ __._."_ ....__. - - ..._M_____._
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 defmed 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 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 neœssary, 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
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
9~-2?
...- ---,', ,-,---_.~ ----------...--'...
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 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 IO-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
.
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 DUALITY
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
9-;) 7
--""_."._.,-,-_.--- - -_._.._..~-----,."-----_.__._._---
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
staÌ1dards.
* * *
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 lO-acre salt water lagoon from San Diego Bay
is to be constructed as a soil berm extending up to elevation + 11 feet. The
bayward 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
-
analyzed during the environmental review on the Project and adopted as a
condition of Project approval.
* * *
Significant Effect: Siltation and chemical contaminationl 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 determine 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 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
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 l00-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
7'-..215'
__.__.__~..__,_ _.~_.~__ '._____m_._.__..__ .--,.-.--.-.--
5. The proposed design of the detention basin makes use of the adjacent "F" 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. II-B).
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
.
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. [FEIR, Volume II, 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 i1).corporated 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.
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
? ~c2 J
. ~-_.~-~------- ._----_.~-- -".-------..-.- ------_.~._--_.
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
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
9-]0
--~...._.~----_.,~......,"-----.~---"
. 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.
l. 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
. 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 (TMA) 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-IO) 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
9 -}: /
. ----.-- _ ________.._.____._,_._._____~__,~.____._u~______
and have been required either as a condition of approval or have been made binding on the
applicant through these findings.
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 ènvironmental 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
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&RslOrdinancesl 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 pröposed 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
4 <">q
/-~=<
-"---"--~----~-"'.'--"~'-'-'------'---'---
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 I 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, 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.
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 parldands.
* * *
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
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]
l. 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&RslOrdinancesl 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 higli 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
7';;;5
.---,._._---_.._.._--,,-_._--~_._-_._-.
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 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.
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 (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.
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 proj ect.
10. Public awareness signs explaining the resources, concerns and prohibited activities
Page 30
must be prominently posted throughout the affected parklands.
II. 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 architecturaIlines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A fùm 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 ihthe 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
<::J -? i!
/ /,
-- - --- ---_...__.---~._.._,,--'" --,---_._._._--_..~~-~.
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 (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.
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 parklands.
Page 32
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 CEQA 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 CEQA 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 marshal1inkage 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 3,84D-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 will be verified for consistency with current
plans/programs of theUSFWS.
* * *
Significant Effect: The proximity of the proposed development to the extensive
Page 33
9'}<;'
.- - _.._._~._.',.'_._"_-_"_"__"_--_'_--'- .------------
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 tie 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
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
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recrea:tïon 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
9/3£
__ ~.,__.,._'_._'·m.m~__'_·____·_····'_______ --.---."
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/RunofflDrainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinancesl 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 parklandslpublic 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
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 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
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" & "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
Page 37
c;k:3 7
...._'"'.._..-.,-~------_.~_..,-_._----~.._~--_._.---------.---
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 fùm 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 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 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
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: 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 y
9<3
- -- --.--...--- _.___..... .__ ____ .-.--_....·0 .,..--.---.---. .-------...- --. --,,--.-.--..,-,-
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 (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.
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" & "0" 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 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. [FErR, Volume II, 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 ErR.
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. [FErR, 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.
. Pre4ator Management Plan
Page 40
· Human Activities Management Plan
· Landscape Design and Management Plan
· Water Quality/RunofflDrainage Management Plan
· Mudflat and Wetland Monitoring Plan
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&RslOrdinances/ 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 contrøl 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 fJlter-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 '7 . 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 fot 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/Ordinancesl 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
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 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.
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 ~ -1ö
---_..._---,--""._.,_._---~-----_.--._._--_...._----
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 IT, 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 findings. [FEIR, Volume IT, p. 3-110 through 3-115]
l. 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 tþese 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 all leases 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
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" & "0" 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 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.
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 (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.
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" & "0" 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 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)
10. No further dredging, structural changes, or proposed uses will be allowed to
Page 45
9~t/l
_._.,.____ '_"W~_'_____________"_"__~________'~'~'
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 6.8-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.
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
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 fmdings. [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. Ally 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 tj-Lj;;
_..-._~...--.---"""._._-~._. -- --~ _.~
directly to the bay. The specific drainage discharge system will be further
defmed 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 fot 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 1 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
10. The proposed development and parks must be designated as a "no pets" area.
This means posting all of the parklands/public access areas and imposing fines
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 plan
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 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.
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 ~ildlife 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.
IS. 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 ~-L/J
~'.'-..-----..------.._~..-.--.-------~---
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
Yener 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
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, éoncerns, 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 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. The "direct to bay" drains shall be designed and constructed with effective
energy dissipators and flow diffusers which eliminate erosion or accretion
Page 51 c; ~ Ljtf
----~..- ----.--.-.--..-
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
Page 52
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 (i.e., 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 parklands.
H. ARCHAEOWGYIHISTORY/PALEONTOWGY
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
9~Lj>
-------_._.._~.._----- "'--- --_..__._...._--_._---_._.._._~---..~-----_.__.,..
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
.
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. [FEm,
Volume II, p. 3-131 through 3-133; Volume I, p. 4-13 through 4-15].
Finding: The FEm 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. [FEm, 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. [FEm, 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.
[FEm, 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 9 - 'It
~._.~.____ _.'.M __p,'_ .'_____.__
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 1-5 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
.
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 fmdings.
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 9~q?
-_.__......_~. -,," .-- .-- -..-...---------.-.-
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 othet 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 m.easures 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
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 wither as a condition of approval or have been made binding on the applicant
through these findings.
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
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 inCQrporated 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. [FEIR, 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. [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 has been made binding on the applicant
through theses fmdings.
a. An additional fire 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 fire
safety standpoint. [FEIR, 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. [FEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-
21]
a. Maximum fire flow shall be 5000 gpm.
Page 59 9 - Y:l
._"...__._.._~._---_._.._-_.._-_._---~~-_._.
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 40foot 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.
i. 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 profIle than the traditional barrel type.
v
j. Address signs - Easily readable signs which can i?e 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 landfIll space in San
Diego County. [FEIR, Volume II, p. 3-160; Volume T, 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
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
EIR.
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 9-Y;
. '. . ._...._..._~- -- -...'-.-..--'..-- -----
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. [FErR, 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 findings.
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
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 andlor 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. [FErR, 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 -p¿
1- 0
- -.-.,.--..------.--. "' ...._.-,._._----_._--~---_._.__._--~._._--_.__...-
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 madé 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
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 9-3//
.._~_.._--_._._. ._----~-,.
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
Rampl"E" Street intersections.
Northbound 1-5 Off-Ramp at "E" Street: Construction of an additional right-turn
~ only lane along "E" 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
VIII.
INFEASmILITY OF MITIGATION MEASUßKI; AND
ALTERNATIVES OTHER TIlAN TIlE SUBCOMl\urfEE
ALTERNATIVE PUBLIC RKI;OURCES CODE
SECTION 21081(B)
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 financially 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), finds 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 ¿:¡-~.2
/ -
_..__ __n____ ,_..._.,_...,~.___....__ ...____ ----.----.-
levels of property tax increment income and sales tax revenue. which are necessary to fund the
public infrastructure which would accompany the prooosed proiect.
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 All!:rnative 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 day 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 ofJohn 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, ~d other considerations as
previously stated.
Alternative 1. No Proiect - No Development
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 PrO!!ram.
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
determined to be infeasible.
Alternative 2. Development Under Existin¡ Certified LCP
This alternative would result in significant, unmitigated traffic impac~ 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 providin¡ economic. return to offset costs of ~lUblic infrastructure
develo.pment7.
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
inadeauate in providing economic return to offset Dublic infrastructure costs. Based QpOn these
and other factors. this alternative is deemed to be infeasible.
Alternative 5. Reduced Density 2
Page 69 q-~3
(
_·.__._.·..··'·_m··__·___·__· ___._____~_.___._,____._~_
·
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
Drovidine: 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 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.
Page 70
Alternative 8. Ap'plicant's Reduced Density Proposed LCPR #8
This alternative propose4 a reduction in the orie:inal Project including a decrease in the hotel
count by 228 rooms, reduction in the apartment unit count by ISO 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-Altemative 8 w6tilé result~
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 reduces4. 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 thè orie:inally proposed Project. However,
these impacts w6tilé remain significant. This 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.Ped in Response 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:
l. 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 and/or sediment buildup at various locations; and
5. The establishment and maintenance of a viable low marsh vegetation is doubtful because
of erosion and/or 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 providin~ economic return needed to offset public infrastructure costs.
Page 71 a _ Ç'ij
I --- .
. -.-'"-.. ,-_._~ ~ ----_.._._-.-_._--_._-~.,..,_..,._..._-_._--,~--------...--.--" ,.
·
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 l"ftfk IIse and 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 3.~~ million square
feet (Rohr is now considered a se'parate 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 insie: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 tIhis 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 slIbstantially lessens the significant
environmental effects as identified in the final EIR althou~h not to a level of insi~nificance. 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
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 1 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 CiIY's Bayfront RedeveloJ'ment Project Plan
include: public use and e<njoyment of shoreline areas. public recreation.
commercial activities such as hotels. motels and restaurants. retail develoJ'ment.
limited residential and office developments (when complimentary to the primary
recreation orientation or where they contribute to the overall feasibi1i1Y of the
plan). nreservation 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
tksite. 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 equa1l Y 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 EducationaJ/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 9-~?-
- --- -.------..-----.-
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 n'?t 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 &pproximately 20 years of community indecision. anxiety and
concern as to the direction for the processing of development on the
Midba.yfront area. there is a significant social benefit to reaching a
community consensus on. and commencing the ure.paration of. a ulan for
its develoument in a manner that will reauire continuous vigilance over its
feasibili\y and its environmental and economic impacts on the communily.
and which will permit complete and absolute reversibility at such point in
time as the decision makers believe that such impacts are intolerable.
Based on information generated by the Ci\y's consultants. Williams Kubelbeck Associates
(WKA) and information presented to the Council by the applicant's economic consultants. Price
Waterhouse. the Council determines that the Droiect as Dro.posed by the aU'plicant is financially
feasible. EsseftliaHy, the al'l'liellflt has shewfI !!lilt asstlffiI!ûefls thllt were ifleeFf'el'liteå iflte the
City's eesRÐffiie medel, the \Villiams Kaehelåeek Sauly, ·¡¡ere iaaeeumte, in partie\:ilar these
related t6 ee83tntetieø e63t3, I'eæftâal re-¡e8\i£S, petefttial :;ales l'nees anti fÍaaneiHg. (feSâfft6fty
af Flea Piefee, Deeemher 18, 1991, hefere the CIulla '1Í3ta. PlaARißg CSffiffiissisa.) The
addition to the proiect by the Council of a Cultural Arts Facility. and a 62.000 SQuare foot and
5.000 seat ca'paci\y ice rink clearly impact the determination that the uroiect is financially
feasible. However. the urQiect has been conditioned by the Council as to its entitlement to
proceed in a manner that. prior to proceeding. Droof of economic feasibility must be
demonstrated by the presentation and auproval of a sound financinl! plan that will. in addition
to sil!nificant uarticipation by the Developer in develo.ping these amenities. require financial
participation from various other sources. including but not limited to other governmental
al!encies such as the San Diel!o Unified Port Authori\y.
As this is a prOl!rammed EIR at a very early stage of plan develoument. further Droiect
development during the General Plan Amendment and LCP Resubmittal. and by the terms of a
Develo'pment Al!reement. will permit the Council to determine with more Drecision and without
loss of their right to terminate entitlement rights (I) if the significant and unmitigable
environmental impacts can be further mitigated. (2) if the liklihood of comulete Droiect
construction can be enhanced by additional securi\y. agenc;y ~articiuation. phasing. etc.. and (3)
Page 74
if. as the plan is further develQped and solidified. the social. economic and other benefits of the
proiect to the community 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 ~ - ~ct.
_._.._--~_._-_.~_._~------------~
EXIllBIT B
MlDBAYFRONT LCP RESUBMITI'AL NO.8 AMENDMENT
MITIGATION MONITORING PROGRAM
MONITORING PROGRAM DFSCRIYflON AND PURPOSE
Assembly Bill 3180 (AB 3180) was passed by the California State Assembly on August 22, 1988
and subsequently signed into law by the Governor of California. AB 3180 requires a lead or
responsible agency that approves or carries out a project where an Environmental Impact Report
(EIR) has identified significant environmental effects to adopt a "reporting or monitoring
program for adopted or required changes to mitigate or avoid significant environmental effects. "
This bill became effective 1anuary 1, 1989 as Section 21081.6 to the Public Resources Code.
The City of Chula Vista is acting as the lead agency for the Midbayfront LCP Resubmittal No.8
Amendment project. A Draft, Recirculated Draft and Final EIR was prepared to address the
potential environmental effects of text and graphics which constituted a proposed Conceptual
Development Plan. The Final EIR contained analysis for nine alternative plans for that concept
plan area. Two of those alternatives were "no-project" alternatives. Seven alternative concept
plans were evaluated in the same level of detail as the applicant's original concept plan. These
documents were program-level EIRs in accordance with the California Environmental Quality
Act (CEQA) and State CEQA Guidelines. Program-level EIRs are general in nature and are
followed by more detailed, project-specific EIRs which are part of the program.
In August 1991 the City Council certified the Final EIR, but neither approved nor denied the
project. The Council directed City staff to work with the Bayfront Planning Subcommittee to
create a concept plan which would resolve environmental and planning issues found in the
applicant's proposed project. On December 18, 1991 the Planning Commission voted to
recommend to the City Council the Subcommittee's Concept Plan for the Midbayfront. This
plan is very similar to the previous proposed project, with the exception of minor modifications.
Should the City Council vote to approve this plan, the applicant would be required to prepare
a Local Coastal Program Amendment and General Plan Amendment.
Two major changes to the certified LCP and General Plan would occur if this Concept Plan were
approved. The first would involve the redesignation to "open space" for the D Street Fill and
Gunpowder Point, consistent with the establishment of the Sweetwater Marsh National Wildlife
Refuge which includes those areas. The second major change would be to modify the
arrangement of land uses, building height controls, and development intensity in the Midbayfront
planning subarea.
The Subcommittee's Concept Plan for the Midbayfront proposed a mixed use project totalling
approximately 3.3 million square feet of building area. The concept proposes 1000 residential
units, 1610 hotel units, 150,000 square feet of commercial retail, 140,000 square feet of
January 14, 1992 9 -5'7 Page 1
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Midbayfront LCP Resubmittal No.8 Am...dm...t Mitigation Monitoring Program
[ContinuedJ )
professional office, a cultural arts facility, and approximately 246,000 square feet which includes
atbJetic facilities and a conference center.
The Subcommittee's Concept Plan includes parks and two man-made lagoons at the northern and
western portions of the Midbayfront planning area. The parks and lagoon in the western portion
would be available for public use; the lagoon in the northern portion would be considered a
private aesthetic amenity for adjacent residents.
ROLES AND ØF.~PONSIBILITTF.~
The Mitigation Monitoring Program (MMP) for the proposed project will be in place through
all phases of the project, incJuding design, pre-grading, construction, and operation. The City
of Chula Vista will have the primary enforcement role for the mitigation measures which are the
responsibility of the City of Chula Vista to implement. This MMP incJudes mitigation measures
contained in the Final EIR. The PJanning Director of the City of Chula Vista may delegate
individual enforcement tasks to various city departments.
MITIGATION MONITORING PROCFnUJlF.~
The MMP consists of a Mitigation Monitoring Program Summary, filing requirements, and J
reporting and compliance verification. These procedures are outlined below.
Miti¡:ation Monitorinl! PrOI!l"lUll SummarY
The Mitigation Monitoring Program Summary provides a comprehensive list of the required
mitigation measures that are the responsibility of the City of Chula Vista to implement. In
addition, the Mitigation Monitoring Summary incJudes: the monitoring activity, the timing for
monitoring activity, and the party or City agency responsible for monitoring mitigation
compliance. The Mitigation Monitoring Program Summary for the Midbayfront LCP
Resubmittal No. 8 Amendment is provided as Table 1.
Mitieation Monitorinl! Pro......m FIles
Files shall be established to document and retain the records of the MMP. The fIles shall be
established, organized, and retained by the City of Chula Vista, Planning Department.
PROGRAM OPERATIONS
Mitigation measures shall be implemented as specified by the Mitigation Monitoring Program
Summary . During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures, particularly in this case where project
J
Page 2 January 14, 1992
Midbayfront LCP llesubmiUal No.8 Amendment Mitigaûon Monitoring Program
[Continuedl
construction requires a multi-year phasing program. The Planning Director of the City of ChuJa
Vista, with advise from staff or another City Department, is responsible for recommending
changes to the mitigation measures, if needed. If mitigation measures are refined, the change
will be documented by the Planning Director and the appropriate design, construction, or
operations personnel shall be notified of the refined requirements.
MEASURES TO BE MONITORED
The following text includes a summary of significant impacts, required mitigation measures, and
the monitoring efforts needed to ensure that the measures are adequately implemented. Because
of the conceptual plan-level nature of the project, many of the mitigation measures involve the
requirement for further study. Final determination of the measures necessary to mitigate
construction impacts can omy be made when an applicant submits the detailed plans associated
with a development project.
Consequently, for those mitigation measures that would occur during project construction and/or
operations, this plan-level monitoring plan consists of carrying forward the measures to the
project-level of CEQA compliance for finalization and implementation.
I A. GEOLOGY/SOILS/GROUNDWATER
Adoption of the LCP Alternative 8 and construction of the proposed Conceptual Plan would
result in four potentially significant impacts: (1) ground settlement due to consolidation of the
compressible estuarine/fluvial (bay) deposits and the artificial fill soils on-site; (2) grading
impacts for on-site and off-site water and sewer pipelines; (3) seismic hazards, including ground
shaking, surface displacement, liquefaction, tsunamis, and earthquake-induced flooding; and (4)
potential foundation design and construction difficulties associated with the construction of
foundations and subterranean parking structures at or hear the groundwater table.
Mitigation Measures
1. When detailed development plans for the project area are proposed, 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 Department 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. Each investigation shall contain adequate subsurface exploration and analyses
to determine short- and long-term settlement magnitudes, expected seismic ground shaking
January 14, 1992 Page 3
é4 _ /g"
/ .7
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MidbaproDt LCP llesulmittaI No. 8 Amendment MitigatioD Mooitoring Program
[Continuedl I
magnitudes and characteristics, and potential mitigation for seismic ground failure
(including liquefaction). Every investigation shall also provide detailed foundation
recommendations, and will be subject to review by the City of Chula Vista Engineering
Department.
3. To provide adequate foundation support for the structure, all high-rise structures will
require deep foundations, or some type of mat foundation integrated into subterranean
parking.
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 pre-compress saturated alluvial deposits or bay deposits
which exist below the groundwater table. Deep foundations or mat foundation design may
also be used to mitigate potential geotechnical impact due to compressible soil.
5. Roadways, embankments, and engineered fills encroachÌng 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-term post-construction settlement. I
Soil improvement could include partial or total removal, 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 fill,
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 should 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 soil-cement lining (covering a clay soil layer) currently planned for the 100acre salt
water lagoon (which encroaches onto compressible bay deposits) is a relatively brittle
material which may require relatively stringent subgrade improvement to ensure acceptable
long-term performance. Subsequent design shall consider other options for this liner,
including clay soil liners and flexible pond liners.
7. To reduce the risk of property damage and injury caused by seismic ~h~1cin~, geotechnical
studies must specifically address seismic analysis based on site-specific subsurface data.
As a minimum, seismic analysis should address seismically-induced slope failure,
liquefaction, and ground surface accelerations. Appropriate measures to reduce seismic
risk must be implemented into project design.
/
Page 4 JlDuary 14. 1992
Midbayfront LCP Ilesubmitta1 No.8 Amendment Mitigation Monitoring Program
(CoaIinued]
8. The embankment separating the lo-acre salt water lagoon from San Diego Bay bas
tentatively ~!! Msigned with a crown elevation of + 11 feet. Wind-induced storm waves
or earthquake-induced flooding could exceed the height of the embankment. An assessment
must be made to evaluate the stability of the embankment during these conditions and the
likelihood of these hazards. Mitigation may include either elevating the height of the
embankment or reinforcing the crowri of the embankment.
9. Geotechnical studies must also address the impact of foundation location near or below the
groundwater table, and suitable recommendations should be provided to mitigate both
construction-period difficulties and uplift pressures that may affect both foundation elements
and subterranean parking floor slabs extending below the transient groundwater level.
Construction period mitigation may 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.
Monitoring Agent
The City of Chula Vista Planning Department is responsible for ensuring, via the Mitigation
Compliance Coordinator (MCC), that mitigation measures for geology/soils/groundwater impacts
are mitigated. The City of Chula Vista Engineering Department is responsible for verifying the
completion of the required technical studies and the incorporation of the recommended measures
into future project design.
Monitoring Schedule
The soils and geotechnical studies must be submitted for review with all other project level plans
so that the environmental analysis will include these studies. Approval of the studies will occur
prior to the issuance of grading permits. The choice of pond liner for the lo-acre salt water
lagoon, and the associated subgrade improvements, must be approved by the Engineering
Department prior to the initiation of grading for the lagoon. Design modifications to ensure
structural integrity of all buildings must be incorporated to the satisfaction of the Engineering,
Building, and Housing Departments prior to issuance of building permits.
B. HYDROLOGY/WATER QUALITY
Approval of LCP Alternative 8 and eventual construction of the Concept Plan or other
development alternatives would result in five potentially significant hydrology/water quality
impacts. These include: (1) flooding of (a) low-lying areas from tidal highs, compounded by
runup from wind-driven waves (coastal flood hazards); (b) flooding from the Sweetwater River;
Imuary 14, 1992 PageS
9-5Î
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Midbayfront LCP ResubmiUal No.8 Amendment Mitigation Monitoring Program
[Continuedl
(c) flooding associated with exceeding the capacity of proposed storm drain facilities on-site; (2)
erosion from inJand or coastal flooding; (3) siltation and chemical contamination/degradation of
water quality from surface runoff-pesticides, fertilizers, oil, grease, etc.; (4) inconsistency with
City of ChuJa Vista standards, specifically related to the design storm flow, and gravity pipe
requirements; and (5) issues regarding quantity and quality of water for both the 1 Q-acre lagoon
and the semi-public residential lagoon in the northern portion of the site.
Mitigation Measures
10. A detailed drainage plan must be prepared in accordance with the Chula Vista Code
Subdivision Manual and applicable ordinances and adopted standards (including Thresholds
· Standard Policy). The plan must be approved and a permit issued by the Engineering
Department prior to installation of any drainage structures.
II. A site-specific hydrology study must be performed for the Midbayfront site, addressing
such issues as flooding of low-lying areas during high tide conditions and the effect of
wind-driven waves generated from within San Diego Bay; flooding from the Sweetwater
River; and erosion from inland or coastal flooding.
12. Recommendations shall be provided for erosion control to mitigate both coastal erosion and
erosion from inland flooding. Additionally, monitoring shall be performed for a minimum
· period of three years to evaluate the effectiveness of the proposed outlet protection at the
on-site storm drains discharging directly into San Diego Bay. The existing bay deposits,
located bayward of the two proposed discharge points, are highly susceptible to erosion and
the resulting scour is likely to impact sensitive marine habitat west of the Midbayfront site,
if the force of the storm water being discharged is not properly mitigated by the proposed
discharge aprons.
13. The effectiveness of proposed oil and sediment traps, as well as that of the desilting basin
in removing both sediment and chemical pollutants from the F and G Street Marsh shall
be monitored for a minimum period of three years. All recommendations must be
· implemented before or during project construction.
14. Traps for contaminant control must be approved by the City Engineering Department
before they may be installed. The City Engineering Department must verify that all EPA,
and any Regional Water Quality Control Board Standards and all other applicable
regulations are met. Grading may not proceed until the standard are mc:l. Proof of
effectiveness of the traps must be demonstrated.
15. The proposed on-site storm drain system must be designed in accordance with City of
Chula Vista Standards and the City of Chula Vista Subdivision Manual. Any deviation
·
Pl1lle6 ]muary 14, 1992
Midbayfmnt LCP ResubmiUal No.8 Amendment Mitigation Monitorinc Program
[ContinuedJ
from these standards must be approved by the City Engineer. In addition, calculations
shouiå be maåe for the lao-year design storm, as required by FEMA an': prudent
engineering practice.
16. The applicant must prepare a groundwater quality and quantity analysis for replacement
water required for the lagoons. If groundwater is not available in the required amount,
and/or if it is contaminated, then an alternative source must be approved by the City
PJanning and Engineering Departments.
Monitoring Agent
The City of Chula Vista Planning Department, via the MCC, is responsible for ensuring that the
hydrology/water quality mitigation measures are impJemented. The City of Chula Vista
Engineering Department and P1anning Department will be responsible for reviewing and
approving the drainage plan for the development area, including storm drains; the hydrology
study; the erosion control recommendations, including discharge aprons; the traps for
contaminant control; and the groundwater study for the lagoons. A monitor under the direction
of the MCC will be responsible for periodic inspection of the oil and sediment traps, the
desilting basins, storm-drain outlets in the bay, and the detention basin upstream of the F and
G Street Marsh.
Monitoring Schedule
The drainage and hydrology studies must be received with all other project level plans so that
environmental analysis will include those studies. Approval will occur prior to grading for
installation of drainage structures. All standards and regulations of the EPA and RWQCB must
be met prior to initiation of grading. All contamination traps must be approved by the
Engineering Department before they may be installed. The groundwater evaluation and source
determination of water for the lagoons must be approved before the lagoons are graded.
The MCC will be responsible for periodic evaluation of the desilting basins, oil and sediment
traps and erosion control structures at the storm-drain outlets in the bay. This evaluation should
occur at least twice a year, in the spring and fall, for three years to determine the before and
after conditions with winter storms.
C. AIR QUALITY
Potentially significant air quality impacts would occur from development of the proposed c0-
generation plant. An incremental contribution to regional air quality problems would also occur
from vehicular sources. Vehicular emissions added to cogeneration plant emissions would result
in cumulative impacts. Construction activities also result in short-term air quality impacts.
January 14, 1992 9 -¿, 6 Page 7
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Midbayfront LCP Resubmittal No.8 Amendment Mitigation Monitorina Program
[Continued] I
Mitigation Measures
17. Mitigation for air quality impacts associated with the co-generation plant required by the
APCD before an Authority to Construct and a Permit to Operate is issued. Mitigation
would include concurrent reductions in NO.. ROO, and CO to "off-set" project (c0-
generation plant) emissions.
18. Various transportation control measures (TCMs) must be incorporated into the project.
Such measures would be aimed primarily at employees on the project site, but might also
include site residents and visitors in certain instances. Measures that should 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
· Traffic Signal Coordination J
· Physical Roadway Improvements to Maintain LOS of "D" or Better
The effective implementation of these various TCMs will be significantly enhanced if they
are coordinated through a transportation management agency (TMA) dealing specifically
with bayfront traffic demand management. Fonnation of such a TMA, including funding
of a TMA coordinator and mandatory tenant participation through CCR covenants in tenant
leases, will maximize the potential for emissions reduction.
19. Dust control measures required by the AQMD will be implemented during construction.
Such measures include maintaining adequate soil moisture as well as removing any soil
spillage onto traveled roadways thrcIugh site housekeeping procedures. Reducing
interference with existing traffic and preventing truck queuing around local receptors should
be incorporated into any project construction permits. Trucks must turn off engines while
waiting, or not be allowed to enter the site again. The permits should limit operations to
daytime periods of better dispersion that minimizes 100001i7Pl1 pollution accumulation.
Monitoring Agency
The City of Chula Vista Planning Department must receive notification from the APCD that an
Authority to Construct and Permit to Operate have been issued before they issue the building
permit for the cogeneration facility. ¡
.
PaaeS January 14, 1992
Midbayfront LCP Resubmittal No.8 Amendment Mitigation Monitorintl Program
[Continued]
All dust contra] measures required by the AQMD must be implemented and verified by the
1,"-''-' __~I"- "'-_:_---'.ng Department Periodic checks of the construction sites must be
~.1"""\.... CU1UI Vt .....u6u."""... . . performed to verify that these measures are being implemented.
The establishment of minimum participation goals and the formation of a Midbayfront TMA
shall be made a Condition of Approval by the City Council in the LCPR No.8. The City of
Chula Vista Planning Department is responsible for ensuring that the TCMs are incorporated into
the project-level CEQA compliance process and mitigation monitoring plan.
Monitoring Schedule
Monitoring to verify that dust control measures are being implemented should occur biweekly,
unannounced during construction and grading. Monitoring will cease upon completion of
grading activities and approval of final grading.
D. NOISE
Two potentially significant impacts were cited:
1. Construction noise could reach 75 to 100 dB at 50 feet from the source; and
2. The proximity of the proposed Child Care Center to 1-5 (800 feet) and the co-
generation plant exhaust stacks (500 feet) could create significant noise effects.
Mitigation Measures
20. Construction noise intrusion will be limited by conditions on construction permits to week
day 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 park,
residential, or other noise sensitive uses to comply with General Plan standards and
policies.
21. Child care 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.
1anuary 14, 1992 7-&,/ Page 9
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Midbayfront LCP Resubmittal No.8 Amendment Mitigation Monitoring Program
[Continued]
Monitoring Agent
The City of Chu]a Vista Planning Department, via the MCC, is responsible for ensuring that
these measures are implemented. The monitor will check that construction permits, and c0-
generation operating permits are conditioned with these measures, and will check that conditions
are being met.
Monitoring Schedule
Construction monitoring will occur throughout the course of construction. An annual sound
level check of the co-generation plant will verify its compliance. The noise barrier must be
included on project-level plans.
E. BIOLOGY
Numerous biological resource impacts were cited, including:
· generation of contaminants affecting water quality
· alteration of the predator/competitor/prey balance
· incremental, yet significant, loss of raptor foraging habitat
I
· incompatibilities between insects and humans
· predator enhancement impacts on the Light-footed Clapper Rail and Belding's Savannah
Sparrow
· increased freshwater input from site drainage
· sediment accretion and erosion
· construction effects
· increased human and pet presence
· habitat alteration effects on California Least Tern
· effects from drainage on eelg~s and mudflats
Mitigation Measures
22. The applicant must prepare a Biological Resource Management Plan to determine project-
specific mitigation measures. The Plan must include 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
j
Pap 10 January 14, 1992
Midbayfront LCP ResubmittaI No. B Ameocbent Mitigation MonitoriDa Program
[ContinuedJ
· Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&RsIOrdinancesl ApplicabJe Policies
23. A "biologically aware" construction monitor shall be required for all phases of grading and
installation of drainage systems. The monitor should be employed through the City and
shouJd report directly to a specific responsibJe person in the Engineering, Planning or
Community Development Department or the mitigation compliance coordinator (MCC).
The monitor will remain on-site and available for consultation should construction activities
fail to meet the conditions outlined or should unforseen probJems arise which require
immediate action or stopping of construction activities. This monitor shouJd continue
monitoring on a reduced basis during actuaJ building construction.
24. 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.
25. The silt and grease traps must be maintained regularly with thorough cleaning to be
conducted in late September or early October and as needed through the winter and spring
months. Maintenance should be done by removal of wastes rather than flushing. City
inspections of these traps must occur to ensure that maintenance is proceeding as required.
26. The "direct to bay" drains should be designed and constructed with effective energy
dissipators and flow diffusers which eliminates erosion or accretion of the mudflats and
ensures the protection of adjacent eelgrass beds. An expected loss of mudflat totaling no
fewer 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
must be monitored in accordance with an approved Mudflat and Wetlands Monitoring Plan
for a period of 5 years and any additional corrective measures required must be
implemented and any additional impacted areas resuJting must be repJaced by the creation
of a similar area from the uplands of the D Street Fill or Gunpowder Point. 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 should be
located at a minimum depth of -10 ft. MLLW and should be buried in the mudflat to a
point below the existing eelgrass beds. Drain placement must 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.
27. Studies are required to evaluate the effects of groundwater pumping to fill the proposed
lagoons. If these studies indicate that this is not a suitable solution for reasons of
lonuary 14, 1992 9 ~t;2 Page 11
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Midbayfront LCP Resubmittal No. a Amendmeat Mitigation Monitoring Program
[Continued] J
groundwater contaminants or induced salinities, a saltwater intake from the bay should be
placed in a drain alignment or along a similar low impact corridor and should 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 rather than directly to the bay.
28. 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 as having this effect should 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.
No construction activity, earthmoving or high intensity activity will occur within 200 feet
of any salt marsh, freshwater marsh, or mudflat habitat during the period 15 March to 31
August without prior approval by the U.S. Fish and Wildlife Service and California )
Department of Fish and Game.
29. Several desiltation basins and back-up basins large enough to handle storm water runoff
· must be maintained during the construction phase so that no silts are allowed to leave the
construction site. In addition, construction dewatering should 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 should be pumped across the mudflat into the boat channel
and discharged at a point above the bottom to avoid re-suspending bottom silts, but at a
depth of at least 8 feet.
30. Fertilizers, pesticides and herbicides utilized within the landscaping areas of the project
should be of the rapidly biodegradable variety, and registered by the Environmental
Protection Agency for use near wetlands. Further plans required for water quality
· management, landscape management, and runoff management should be developed in
accordance with Mitigation Measure Number 19 identified in this document.
31. All landscape chemical applications must be done by a state-certified ianåscapc: wf1ü¡¡c(ür.
32. Landscape plant materials to be utilized in the project area must be submitted to the City
Landscape Architect for review. Plant materials which are known to be invasive in salt
and brackish marshes (Limonium or Carpobrotus species), or those which are.known to be
}
·
Page 12 January 14, 1992
Midbayfront LCP llesubmittaJ No.8 Amendment MiÛllation Monitoring Pro ram
[Caltinued]
attractive as denning, nesting or roosting sites for predators, (Washi1lgtonia or Cortaderia),
must be restricted from use. Landscape plans required to be reviewed at the project level.
33. A full-time enforcement staff of two or more officers should be funded by revenues
generated within the bayfront or by other funding mechanisms 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 should work closely with the USFWS in enforcement issues as they
relate to Federal Reserve Lands. Officers should have training in predator control and
should possess the necessary skills, permits and authority to trap and remove problem
predators. Detailed plans are required to be submitted for review at the project level.
34. The proposed bayfront development and parks shall be designated as a "no pets" area.
This means posting all of the parklands/public access areas and imposing fines 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. Plans addressing how pets will
be prohibited will be required to be reviewed at the project level.
Public awareness signs explaining the resources, concerns and prohibited activities must
be prominently posted throughout the affected parklands.
Kite flying activities result in high avian disturbance due to the kites being perceived as
predatory birds and thus must be prohibited from parkland areas adjacent to wetlands or
bay mudflats.
Human access to marshlands and buffer areas must be restricted through fencing and signs.
This restriction will be enforced with trespass citations and fines. Specific areas of concern
are along the fringes of Vener Pond, E Street Marsh and Sweetwater Marsh. Additional
human/pet encroachment must be restricted through fencing and visual buffers at the mouth
of the F and G Street feeder channel and southeast of the F Street/Marina Parkway
intersection. Detailed landscape and buffer design plans will be required at the project
level.
35. Open garbage containers shall be restricted and all dumpsters must be totally enclosed to
avoid attracting avian and mammalian predators and scavengers to the area. Garbage must
be hauled away as often as possible. Citations for open garbage containers must be issued
to any entity not complying. Restaurants and park areas are of special concern. Plans
addressing how garbage wilJ be contained will be required and reviewed at the project
level.
Ionuary 14, 1992 ~~t} Pa¡e 13
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Midbayfront LCP Resulmittal No.8 Amendment Mitigation Monitoring l'rognuD
[Continuedl I
36. Annual funding shall 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.
37. Not less than 3.5 acres of Brackish Marsh and 4 acres of Salt Marsh must be created in
the area between the F and G Street Marsh and San Diego Bay. In addition, tidal flushing
must 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. It is
suggested that large half-round corrugated culverts of a 10 foot or larger radius be
considered for this purpose. This restoration will also assist in mitigating a portion of the
human encroachment impacts identified by expanding the area and value of the existing
. marshlands.
38. 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 should jointly
seek to have the San Diego Unified Port District post a line of buoys to limit access to the
mudflat and marsh areas.
I
39. Buildings must utilize non-reflective glass and heavy architectural lines. A film glass
manufactured by 3M is recommended. Plans addressing glass type and architecture will
be required and they will be reviewed at the project level.
Buildings facing marshlands must 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 must be obtained should heavy incidence of perching be observed
or should nest building by raptors be initiated on the buildings or in landscaping materials.
Plans addressing specific mitigation to prevent raptor perching require review at the project
level.
40. Park uses within the lower third of the 6.8 acre park zone at the F and G Street Marsh
feeder channel must be limited to passive use and should 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 must be designed to include a visual
and human encroachment barrier between active recreation areas and the marshlands. This
could be best accomplished using a vegetated berm separated from a lowered recreation
area ("pits") by a fence. Passive overlooks could 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 j
Page 14 January 14, 1992
Midbayfront LCP ResubmiUal No.8 Amendment Mitigation Monitoring Program
[Continued]
and the marshJands. Both the needs for habitat protection and recreation would be met by
this design approach. Buffer area landscape plans require project-level review.
4l. New marshJand, 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 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 wou]d replace the loss of some of the values associated with the 3,84D-foot
length of the marshland fringing the E Street Marsh, Vener Pond, and Sweetwater Marsh
that would be impacted by predator/competitor threats.
42. A predator management program for the Chula Vista Bayfront must be developed to control
domestic as well as wild animal predators. This program should utilize the Connors (1987)
plan as a basis, but should be tailored to fit the needs of the proposed development. This
plan must incJude the use of fines as an enforcement tool to control human and pet
activities. The plan should be comprehensive and should incJude management of predators
within the adjacent wildlife refuge as well as the proposed development areas. Detailed
landscape and buffer design plans will be required at the project level.
.I
Monitoring Agent
The City Planning Department will be ultimately responsible for the implementation of all
measures, via the MCC, Biological Monitor, and with input from the U.S. Fish and Wildlife
Service, the California Department of Fish and Game, the City Engineering Department, and
City Landscape Architect.
Mitigation Schedule
The complete schedule of mitigation measure implementation is contained in the Summary Table
and summarized below.
The Biological Resource Management Plan must be completed and available for review during
the CEQA process for any subsequent project-specific development plans. Other impacts that are
currently unresolved such as fertilizer treatment and groundwater quality must also be resolved
during subsequent environmental review. No grading or other construction permits may be
issued until these issues are resolved.
The contamination traps must be cJeaned in the fall as specified and throughout the winter as
needed. The drainage facilities must be approved by the City Engineering Department prior to
grading for installation.
Jmusty 14, 1992 Page IS
:Þ - t 1-/
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·
Midbayfront LCP Resubmittal No. a Amendment Mitigation Monitoring Program
[Continued] I
All revegetation must be initiated as soon as possible after the area to be revegetated is available.
In areas where the revegetation is to occur on a site not to be disturbed by future grading, then
the revegetation should be started prior to site grading. Otherwise, revegetation should begin
as soon as feasible after grading is completed.
F. ARCHAEOLOGYIHISTORY/PALEONTOLOGY
Development outside of the project boundaries (e.g., for the extension of utilities to serve the
site) could impact adjacent archaeological sites. The site is underlain by soils and geologic
fonnations that may contain paleontological resources (fossils). Grading for site preparation has
the potential to disturb or destroy these resources.
Mitigation Measures
43. All off-site improvements shall be subjected to archaeological review at the project level
of environmental review.
44. A qualified paleontologist must be at any pre-construction meeting to consult with the
grading and excavation contractors.
I
A paleontological monitor must be on-site on a half-time basis during the original cutting
of previously undisturbed sediments of the deposits mapped as Bay Point Fonnation to
inspect cuts for contained fossils. If the deposits are discovered to be fossiliferous then
monitoring shall proceed; if they turn out to be barren colluvial deposits, then monitoring
should not be continued. (The areal distribution of these deposits is summarized on the
geological map of Kennedy and Tan 1977.)
In the event that well-preserved fossils are discovered, the paleontologist must 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.
Fossil remains collected during any salvage program shall be cleaned, sorted, and cataloged
and then with the owner's permission, deposited in a scientific institution with
paleontological collections such as the San Diego Natural History Museum.
Monitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that mitigation
measures for paleontological resources are incorporated into the project-level CEQA compliance
process and mitigation monitoring plans. That plan will include the following measures. The
/
Palle 16 January 14, 1992
Midbayfroot LCP ResubmittaI No.8 Amendment Mitigation Monitoring Program
[Continued]
MCC shall coordinate at least one pre-construction meeting with a qualified paleontologist and
the grading ::nd eXc:lva!lon contractors for any area to be developed. It is the responsibility of
the MCC to coordinate with the City Field Inspector and ensure that the paleontological monitor
is informed of any cutting of previously undisturbed Bay Point Formation deposits.
Monitoring Schedule
The pre-construction meeting must occur prior to any grading on the site. Monitoring ceases
upon the completion of grading activities and approv& of final grading.
G. LAND USE
Development of the Midbayfront, as proposed, would result in incompatibility between the
project and surrounding land uses, specifically the Sweetwater Marsh National Wildlife Refuge
and the Nature Interpretive Center. There is also the potential for incompatibility between
residences located above and nearby the commercial retail and commercial visitor uses in the
central core area. The building heights and intensities are inconsistent with the existing,
certified LCP and the General Plan.
Mitigation Measures
45. Incorporation of buffering design measures -- including maximum insulation in all exterior
and interior walls, insulation between floors, window treatments to reduce light and
intrusion, and designated parking spaces for residents within a separated and locked area
of parking.
Mitigation Agency
The City of Chula Vista Planning Department shall review all development plans to verify that
buffering design measures have been incorporated to the extent feasible.
Mitigation Scbedule
Review of the buffering design measures would occur prior to the issuance of building permits.
H. PARKSIRECREATION/OPEN SPACE
As currently proposed, the project would result in several impacts to parks and recreation and
open space. 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. In
addition, there is a potentially insufficient amount of parking for park users in the overall plan.
Jonuary 14, 1992 9-¿·;; Page 17
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Midbayfront LCP Resubmittal No.8 Amendment Mitigation Monitoring Program
[Continued] I
Information regarding public access from on-site areas to parks, and from areas east of 1-5, is
considered inadequate. Several parks and public areas would be adversely affected by shade
from tall structures.
,
Mitigation Measures
46. All park development and associated parking must be provided within Phase I. To mitigate
the public access inadequacies, the applicant must 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 E Street. The access plan must be approved by
the City Planning and Community Development Departments.
, 47. 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 compliance.
48. The City's Parks and Recreation Department has stated the need to hire one gardener for
every five acres of parkland (a total of six), as well as to acquire additional landscaping
equipment such as mowers.
/
M<Jnitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that the
park/recreation/open space mitigation measures are incorporated at the project-level of CEQA
compliance and mitigation monitoring program. The City of Chula Vista Planning Department
must determine the adequate number of parking spaces and verify that they are provided in
future development plans. A public access plan must be approved by the Planning and
Community Development Departments of the City. The City Parks and Recreation Department
must hire the gardeners necessary to maintain the park.
Monitoring Schedule
Adequate park acreage and public parking must be provided prior to issuance of the occupancy
permits in Phase I. Issues of public access must be resolved prior to approval of project-specific
development plans.
I. UTILITY SERVICE
The Midbayfront development project would require modifications to the existing SDG&E
service system, as well as an increase in the amount of energy to the site. The project would
also impact the City Fire Department's services and would require acquisition of a ladder truck
I
Page 18 January 14, 1992
Midbayfront LCP Resubmitta1 No.8 Amendment Mitigation Monitoring Program
[ContinuedJ
and empJoyment of four new personnel. There would be no impacts to the provision of police
protectIon. The project would result in an incremental contribution to regionally significant
concerns regarding landfill space. The existing sewer infrastructure would be inadequate to
accommodate disposal from the site at build-out. Water infrastructure both on-site and off-site
would be inadequate to provide service. Development of the project would result in generation
of 1,986 school-age children that would impact surrounding schools. The location of 1-5
between the project area and the schools would prohibit the feasibility of students walking to and
from school, resulting in potentially significant transportation costs.
Mitigation Measures
Ener!!y
49. Energy resources shall be conserved by such generally accepted methods as sealing doors
and windows, double-pane glass, increases in wall and ceiling insulation, and the
incorporation of solar benefits. Time-controlled lighting systems throughout the
industrial/commercial portions of the project will also be required to conserve energy.
Solid Waste
50. A recycling program must be undertaken by the developer in conjunction with a local
recycling company. This would include bins on site for the collection of recyclable
materials such as glass, plastic, metal and paper products. Additionally, the development
must incorporate trash compactors to reduce volume.
Fire
51. The following measures are required by the City Fire Department to reduce the significant
impacts to below a level of significance:
a. Maximum fire flow shall be 5,000 gpm.
b. Fire department roadway access shall be provided to within ISO feet of all portions
of any building.
c. All roadway widths shall be a minimum of 20 feet wide.
d. All apartments three stories or more in height or containing more than IS 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 sprinJder system.
IlDuary 14, 1992 9-i¿' Page 19
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Midbayfront LCP Resubmittal No.8 Amendment Mitigation Monitoring Program
[Continued] /
e. A fire alarm/evacuation system shall be provided for all public assembly and multi-
residential occupancies.
f. All Title 1924 CCR sha1l 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.
i. 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 profile 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.
k. An additional fire inspector would be necessary to handle additional work load created
by this project.
Additionally, the applicant is responsible for payment for the additional ladder truck
through the Development Impact Fees, and the City's general fund would pay for the
annual salaries for the four-person crew and fire inspector.
~
52. The developer must submit detailed drawings to the City showing sewer line locations and
capacities. The City Engineering Department must review and approve the plans for
consistency with the thresholds policy and with the Metro system (which the project will
tie :~to).
~
53. Specific water mains must be completed or upgraded. These include:
¡
. Page 20 January 14, 1992
Midbayfront LCP ResubmittaI No.8 Amendment Mitigation Monitoring Program
[Continued]
a. A 12 inch main in F Street from Broadway to approximately 830 feet west must be
in~talled.
b. A 12 inch main in Bay Boulevard from Moss Street to about Sierra Way extension
westerly must be installed. (This will COMect 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.
54. To mitigate the incremental impact to regional water supply, the applicant must provide
water conservation measures at the project-design level, including such elements as low-
flow shower heads, low-flush toilets, timed irrigation, landscaping with drought-tolerant
species, drip irrigation where appropriate and development of reclaimed water lines for
future use. The development must result in no net increase in water consumption, and will
be subject to any fee program the City has in place to implement this requirement.
Schools
55. To mitigate school overcrowding and transportation cost impacts the applicant must:
a. Form new Mello-Roos districts to finance capital costs such as permanent or
relocatable classrooms and school buses.
b. Resolve the issue of new school sites or additional property adjacent to existing
schools for the construction of capital improvements at the project-level of CEQA
compliance.
c. Provide annual costs for student transportation including bus maintenance and drivers'
salaries either by a cash contribution or a long-term binding agreement with the school
district to finance the annual student transportation costs.
Monitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that the energy, fire,
sewer and water measures are incorporated at the project-level of CEQA compliance and
mitigation monitoring program. The City of Chula Vista Engineering and Planning Departments
would be responsible for verifying that any future development would be in conformance with
January 14, 1992 9 ---¿ ? Page 21
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.
Midbayfront LCP ResubmiUal No.8 Amendment Mitigation Monitoring Program
[Continued] . J
Title 20 of the California Code of Regulations (formerly titled the California Administrative
Code), which requires energy saving devices in new buildings.
The City Fire Department must approve all building plans for inclusion of fire suppression
requirements prior to approval of the building permit.
The developer must install recycling bins. The MCC would be responsible for ensuring their
availability . They must also evaluate the recycling bins for compliance with the mitigation
measures designed to reduce pests.
The City Engineering Department must approve all sewer and infrastructure plans.
The City of Chula Vista Planning Department will be responsible for verifying a resolution of
the school issues to the satisfaction of the local school districts and applicant.
Monitoring Schedule
The energy saving, fire prevention and recycling measures must be inspected and approved prior
to issuance of occupancy permits. Recycling efforts would continue over the life of the project.
J
Sewer and water improvements must be approved prior to grading for installation. More
detailed water conservation measures will be determined during future CEQA review of project-
specific development plans.
Transportation funding, school CFDs, and school site issues must be resolved during subsequent
environmental review. No further development entitlements will be granted until the applicant
has met the requirements to the satisfaction of the City Planning Department.
J. TRANSPORTATION/ACCESS
Development of the proposed project would result in significant impacts to street and intersection
capacities on the local street network. In the Year 2000, with project development, all study
area intersections would operate at LOS C or better during the a.m. peak hour. In the p.m.
peak hours, five intersections would operate at unacceptable levels of service (LOS D or worse -
Arterial Intersections, LOS Eor worse - Freeway Ramp Intersections). Those intersections are:
Broadway at E Street, F Street, and H Street and the northbound and southbound ramp
intersections of E Street and 1-5.
Miti2ation M.."a..-e5
56. To improve these levels-of-service, the following mitigation measures are required:
,I
Page 22 January 14, 1992
Midbayfront LCP ResubmiUal No.8 Amendment Mitigation Monit.orin& Program
[ContinuedJ
a. Widen westbound E Street to provide an exclusive right-turn lane from westbound E
Street to the 1-5 northbound on ramp. This lane must be a minimum of 250 feet in
length .
b. Widen the 1-5 northbound off-ramp at E Street to provide an excJusive left-turn lane,
a shared Jeft- and right-turn Jane, and an excJusive right-turn lane.
c. 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.
d. Widen northbound Bay Boulevard to provide an excJusive left-turn lane and two right-
turn Janes.
e. Broadway/E Street
Westbound: Construction of an additional Jeft-turn lane and an exclusive right-turn
only Jane
Eastbound: Construction of an additional Jeft-turn lane and an exclusive right-turn
. only lane
(
f. Broadway/F Street
Westbound: Restriping to provide an exclusive right-turn only lane
Eastbound: Restriping to provide an excJusive right-turn only lane
g. Broadway/H Street
Westbound: Construction to provide an additional through lane
Eastbound: Construction to provide an additional through lane and an excJusive right-
turn only lane
Monitoring Agency
The Summary Table attached to this document provides information on the agency or persons
responsible for monitoring each individual mitigation measure recommended above; only the
general responsibilities are described in this section.
The City of Chula Vista Planning Department is responsible for ensuring that the mitigation
measures for Traffic and Access are carried forward to the project-level of CEQA review, and
are incorporated, to the degree feasible, into the project-level mitigation monitoring plans. The i
¡
feasibility of the above stated planned roadway improvements must be determined by the City
of Chula Vista, Engineering Department and CaItrans. The City Engineering and Planning
( Departments shall condition project approval on all traffic improvements determined to be the
responsibility of the applicant.
January 14, 1992 7-t.<3 Page 23
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·
Midbayfront LCP Resubmittal No. I Amendment Mitigation Monitoring Prognun
[CoIItinuedl j
Monitorin& Schedule
The schedule for monitoring will be based on the time-table for planned roadway improvements
negotiated between the City, Caltrans, and the applicant. Circulation improvements shall be
· triggered by construction of a pre-detennined amount of square-footage, construction of specific
facilities, or threshold traffic volume as required by the City. It will be the responsibility of the
City, in coordination with the MCC, to verify these improvements are made when required.
[C :\WPS I \SA YFRotITlMMP.TXT]
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·
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COUNCIL AGENDA STATEMENT
ITEM ID
MEETING DATE Februarv 4. 1992
It. 4 tr
ITEM TITLE: RESOLUTION Amending FY 1991-92 Budget, providing for a
Liability Trust Fund appropriation to the General
Liability Insurance Account.
SUBMITTED BY: DIRECTOR OF PERSONNEL ~
REVIEWED BY: CITY MANAGER q (4/Sth Vote: Yes-X- NO___>
v
Due to the settlement of the Annette White lawsuit, an appropriation from the
Liability Trust Fund of $150,000 is needed.
RECOMMENDATION: That Council adopt the resolution providing for an
appropriation of $150,000.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: A settlement through mediation has been negotiated in the Annette
White v. City of Chula Vista lawsuit in the amount of $150,000. This settlement
amount was not budgeted in FY 1991-92 Budget. Therefore, an appropriation is
needed. The City Council previously authorized this settlement in September of
1991.
FISCAL IMPACT: A total of $150,000 is to be appropriated from the Liability
Trust Fund to Insurance Account #100-0700-5233. The total sum appropriated to
thi s account wi 11 be expended by authori zati on and approval of the Fi nance
Di rector.
/0 -I
-.-. -...-.- _..,.,_..._._-_...._..~---_._,_._--_._-
RESOLUTION NO. I t., ~S-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1991-92 BUDGET,
PROVIDING FOR A LIABILITY TRUST FUND
APPROPRIATION TO THE GENERAL LIABILITY
INSURANCE ACCOUNT
WHEREAS, a settlement through mediation has been
negotiated in the Annette White v. City of Chula vista lawsuit in
the amount of $150,000 which amount was not budgeted in the FY
1991-92 budget; and
WHEREAS, therefore, an appropriation is needed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend the FY 1991-92 budget by
providing for an appropriation of $150,000 from the Liability Trust
Fund to Insurance Account 100-0700-5233.
Presented by
Candy Boshell, Director of Bruce M. , City
Personnel Attorney
C:\n:\liability trust fund approp
ID-Z
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COUNCIL AGENDA STATEMENT
Item 1/
Meeting Date 02/04192
ITEM TITLE: RESOLUTION J~4fr1 Approving the temporary closure
of Lagoon Drive for a period of four months
SUBMITTED BY: ,,",,1m ."""'lio won¿ ~ '-, ,
Director of Community evelopment C-
7
REVIEWED BY: City ManagetJ
(4/5ths Vote: Yes _ No..xJ
BACKGROUND:
Rohr Industries is currently in the process of widening and rebuilding Lagoon Drive between
Marina Parkway and Bay Boulevard. Rohr Industries is requesting permission to temporary
close Lagoon Drive (F Street), west of Bay Boulevard for approximately four months to provide
a clear area for the construction of Lagoon Drive and public improvements according to City
Council Policy #576-15 (a locator map is attached). The Council is required to be notified in
advance of such closure, and Vehicle Code Section 21101 authorizes the City Council by
resolution to approve the temporary closure.
RECOMMENDATION: Approve the resolution to close Lagoon Drive for a period of four
months subject to conditions listed.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Rohr Industries has submitted a letter to the City requesting permission to close Lagoon Drive
for approximately four months to construct the full-width street and public improvements within
Lagoon Drive west of Bay Boulevard (see attached letter). The current street improvements will
be removed, a six-foot grade will be filled, sidewalk, curb, and gutter street improvements will
be installed as well as water and sewer lines, a storm drain, and a sewer metering system.
Because the sewer meter and sewer lines will be at depths below 20 feet, the full width of
Lagoon Drive will be necessary to accommodate excavation equipment and filling operations.
Rohr is requesting that the entire roadway be closed to undertake the work. A satisfactory plan
for traffic control and for traffic rerouting has been submitted to the City Traffic Engineer.
Regular vehicle traffic will be directed to an alternate roadway route south on Bay Boulevard
to J Street. Fire and Police emergency vehicles will need to be given alternate access through
1/..,
I. _._......____ 'n' _ _.__~___.__._____M"'_
Page 2, Item ))
Meeting Date 02/04/92
Rohr's facility. Both Fire and Police have requested access to Marina Parkway via G Street
and/or H Street to meet required response time. Staff is recommending that the temporary road
closure be approved with the condition that the Fire and Police departments be provided
unobstructed access between Bay Boulevard and Marina Parkway via G Street for emergency
vehicle response.
The contractor has scheduled the closure to begin on February 5, 1992 and extend through the
end of May. Rohr Industries notified all of their employees that the street was scheduled to be
closed. Nielson Construction notified several neighboring properties. The City notified, by
mail, all property owners and tenants in the vicinity of the project (copies of letters are
attached) .
Staff is recommending that the temporary road closure be approved subject to the following
conditions:
1. The closure be limited to four months, to be open to traffic by June 1, 1992.
2. An approved traffic control plan be implemented before construction begins.
3. All detour signing be maintained throughout the length of time that Lagoon Drive
is closed.
4. Rohr Industries is to maintain emergency access along G Street and/or H Street
between Bay Boulevard and Marina Parkway for emergency vehicles.
5. The contractor is to notify the Chula Vista Police Department, the Chula Vista
Fire Department, and the Public Works Department at least 48 hours in advance
of the road closure.
6. The contractor will make available to all departments listed above, 24-hour
emergency telephone numbers and contact personnel.
7. No closure shall be made until signs are erected 48 hours in advance notifying the
public of the closure, in accordance with Vehicle Code Section 21103.
FISCAL IMPACT:
Rohr will be required to provide the City with appropriate bonds and insurance certificates prior
to start of work within the street right-of-way, therefore no fmancial impact on the City is
anticipated.
[c:\wps I \COUNCll.\113SILAGOONDR.113
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- - - - ---.--.... ...~.. ~-.-_.._...._-
RESOLUTION 1t.4' 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CLOSURE OF LAGOON DRIVE FOR A PERIOD OF
FOUR MONTHS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as
follows:
WHEREAS, California Vehicle Code Section 21101 authorizes the City Council to
adopt a resolution establishing rules and regulations for the requested street closure; and
WHEREAS, Rohr, Inc., has provided the City with a satisfactory plan for vehicle
control and traffic rerouting; and
WHEREAS, all persons expected to be affected by the requested street closure have
been notified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the temporary closure of Lagoon Drive for a period of approximately
four months beginning February 5, 1992 subject to the following conditions:
1. The closure be limited to four months, to be open to traffic by June I, 1992.
2. An approved traffic control plan be implemented before construction begins.
3. All detour signing be maintained throughout the length of time that Lagoon Drive
is closed.
4. Rohr Industries is to maintain emergency access along G Street and/or H Street
between Bay Boulevard and Marina Parkway for emergency vehicles.
5. The contractor is to notify the Chula Vista Police Department, the Chula Vista
Fire Department, and the Public Works Department at least 48 hours in advance
of the road closure.
6. The contractor will make available to all departments listed above, 24-hour
emergency telephone numbers and contact personnel.
\\.. ~
._..""-- --~-..~.-.--~-..--.--------.--".-"---'..~-_..-.-- ---_._--
7. No closure shall be made until signs are erected 48 hours in advance notifying the
public of the closure, in accordance with Vehicle Code Section 21103.
Presented by:
John P. Lippitt Bruce M. Boogaard
Director of Public Works City Attorney
[C:IWP51ICQUNCILIRESOSILAGOONDR.RES)
. u- <1./11-11/-
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·
«¡elsen
onstruction Co. State Lie. #156587
January 28, 1992
Mr. Cliff Swanson
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Reference: Rohr Office Complex
Off-site Improvements
Dear Mr. Swanson,
We will soon begin construction of the off-site improvemen,.ts for
"F" Street west of Bay Boulevard. We are requesting a temporary
closure of "F" Street west of Bay Boulevard. The duration of this
requested closure will not exceed 120 days barring unforeseen
delays, i.e. rain.
The current roadway width is constrained by utility poles on the
north side and a drainage swale and the on-site building pad
elevation on the south side. The operating area required for the
trenching operations will virtually shut down all but a few feet
of the existing roadway surface. Additionally, the improvement
plans call for the installation of a sewer metering station in the
middle of "F" Street in the vicinity of the existing 69 KV power
poles, further complicating our ability to maintain ~raffic. Upon
completion of the underground utility work, we will be elevating
the roadway surface approximately 6 1/2 feet. Placement and
compaction of this fill material becomes extremely difficult if we
are forced to maintain through traffic.
We have personall y contacted the various businesses in the
immediate area and advised them of the scheduled start of
construction activities. We have provided them with the names and
phone numbers of our personnel to be contacted should any questions
or problems arise.
3127 Jefferson Street. San Diego. California 92110. P.O. Box 80367, 92138 .619/291-6330
\l...5. . ,
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.
, ¢j!~~r~c~o~ Co.
State Lie. #156587
Mr. cliff Swanson
City Engineer
City of Chula Vista
January 28, 1992
Page Two
Your consideration of this request is appreciated. Should you have
any ctuestions, please feel free to contact me at 420-8001.
SKI/tp
cc: Ms. Pam Buchan, Sr. Conununity Dev. Special ties
Mr. Rick Emerson, Chief of Police
Mr. Sam Lopez, Fire Chief
Mr. Ian Gill, Starboard Development
File
.
3127 Jefferson Street. San Diego. California 92110. P.O. Box 80367, 92138.619/291·6330
\ \ ...t..p....
·
DODD
DODD ROHR INDUSTRIES, INC.
ROHR POST OFFICE BOX 878
CHULA VISTA CAliFORNIA 92012-0878 (619) 691-4111 . TELEX: 69-5038
January 28, 1992
Mr. Cliff Swanson
City Engineer
City of Chula Vista
276 Forth Ave.
Chula Vista, Ca. 92010
Dear Mr. Swanson,
Per Pam Buchan's request, this letter Is to provide you with Information regarding the notification
procedure we have used relating to the closure of F Street with both our employees and affected
property owners.
With regard to our employees, I have attached a notice that was put on all employee windshIelds
on three different occasions In affected parking areas along Marina Parkway and Sandpiper Way. I
have also attached a letter that was given to all supervision and management of affected
employees.
As to notification of adjacent property owners, Steve Isaacs of Nielsen Construction met with Ted
Grunee of Sea Jet, John Barry of Southbay Boatyard, Andrea Cuevas of the Chula Vista RV Park,
and the Metropolitan Transit Development Board. I personally have spoken with Bill Barkett of
Chula Vista Investors and Ron McElllott of Chula Vista Marina. I don't betieve that Jakes or anyone
south of the Chula Vista Marina was notified because their access Is J street.
Emergency access through H street Is being discussed and coordinated between Joe Bourgeois
of Rohr Security and Emmett Horsefall of the City's Fire Department.
Thanks for your help.
SincereldØ-~
Arthur O. Sellgren
Director of Real Estate and Development
cc: Pam Buchan, Sr. Community Development Specialist
Mr. Rick Emerson, Chief of Police
Mr. Sam Lopez, Fire Chief
Mr. Ian Gill, Starboard Development
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I BE ADVISED THAT AS OF TUESDAY, JANUARY 21, 1992, "F" STREET FROM
" j BAY BLVD. TO THE WEST WILL BE CLOSED TO ALL TRAFFIC UNTIL MID MAY.
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DODD INTRACOMPANY CORRESPONDENCE
ROHR
ROHR INDUSTRIES, INC.
TO: Those Noted DATE: 1/13/92
FROM: J~V EXTENSION: 2678
David George.
SUBJECT: "F" Street Closure
As part of the new office complex construction, "F" Street just west of Bay Blvd. will be closed
to all but construction traffic from January 21, 1992 to mid-May 1992. (See attached map.)
An alternate route to the west side of Rohr is "J" Street to Marina Parkway.
Please advise all of your affected personnel of this closure.
Distribution:
Joe Bourgeois 28-C
Bryan Broderick l5-A
Bill Difley l5-A
Dannie Fort ll-A
Keith Gentry 52-A
Merwan Irani 50-A
Bob Journey 28-C
Paul Lawrence 16-A
Mac McCormick 29-C
Bryan Ramsey 28-C
Ralph Roner 33-A
Don Schmautz l6-A
George Thornton l6-A
Dick Van Schyndel l6-A
Pat Vaughan l6-A
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cN!~~r~c~o~ Co. State Lie. #156587
January 15, 1992
W. T. Gurnee
980 "F" Street
Chula Vista, CA 91910
Re: "F" Street Improvements
Dear Mr. Gurnee,
We are currently scheduled to start work for the City of Chula Vista on
substantial street improvements to a portion of "F" Street west of the
intersection of "F" Street and Bay Boulevard.
Unfortunately, the entire street will have to be closed during the duration of
the improvements and there will be no through traffic on "F" Street going east
to the intersection to "F" Street and Bay Boulevard. The work is scheduled to
begin the week of January 27, 1992 and will last about four months with
completion scheduled for approximately May 22, 1992.
We apologize for the inconvenience the street closure creates. We would be
happy to answer any questions you may have. You may contact either myself
or Casie Carey the project manager, at 420-8001.
SKI/cbc
cc: File
3127 Jefferson Street. San Diego, California 92110 . P.O. Box 80367, 92138 . 619/291-6330
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~!~~r~c~o~ Co. State Lic. #156587
January 15, 1992
John Barry
Southbay Boat Yard
997 "G" Street
Chula Vista, CA 91910
Re: "F" Street Improvements
Dear John,
We are currently scheduled to start work for the City of Chula Vista on
substantial street improvements to a portion of "F" Street west of the
intersection of "F" Street and Bay Boulevard.
Unfortunately, the entire street will have to be closed during the duration of -
the improvements and there will be no through traffic on "F" Street going east
to the intersection to "F" Street and Bay Boulevard. The work is scheduled to
begin the week of January 27, 1992 and will last about four months with
completion scheduled for approximately May 22, 1992.
We apologize for the inconvenience the street closure creates. We would be
happy to answer any questions you may have. You may contact either myself
or Casie Carey, the project manager, at 420-8001.
SKl/cbc
cc: File
3127 Jefferson Street. San Diego, California 92110 . P.O. Box 80367, 92138 .619/291-6330
\\..ll-.
'«!~!r~c~o~ Co. State Lie. #156587
January 15, 1992
Andrea Cuevas
Chula Vista R. V. Resort
460 Sandpiper Way
Chula Vista, CA 91910
Re: "F" Street Improvements
Dear Andrea,
We are currently scheduled to start work for the City of Chula Vista on
substantial street improvements to a portion of "F" Street west of the
intersection of "F" Street and Bay Boulevard.
Unfortunately, the entire street will have to be closed during the duration of
the improvements and there will be no through traffic on "F" Street going east
to the intersection to "F" Street and Bay Boulevard. The work is scheduled to
begin the week of January 27, 1992 and will last about four months with
completion scheduled for approximately May 22, 1992.
We apologize for the inconvenience the street closure creates. We would be
happy to answer any questions you may have. You may contact either myself
or Casie Carey, the project manager, at 420-800l.
NY
SKI/cbc
cc: File
3127 Jefferson Street. San Diego, California 92110 . P.O. Box 80367, 92138 . 619/291-6330
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<Nielsen
onstruction Co. State Uc. #156587
January 27, 1992
Mr. Cliff Swanson
City Engineer
City of Chula Vista
276 4th Avenue
Chula Vista CA 91910
Re: Rohr Office Complex
Offsi te Improvements
Dear Mr. Swanson:
Regarding our request for a temporary closure of "F" Street west
of Bay Blvd., we have made arrangements with the Metropolitan
Transit Development Board for access to our project site. This
access will be available to all emergency vehicles as well as
construction traffic.
Enclosed for your records is a copy of our Right of Entry Permit
dated December 24,1991, issued by the Metropolitan Transit
Development Board. This permit provides access across the
railroad right-of-way to the eastern boundary of the project
site.
have questions regarding this matter, please do not
call me at 420-8001.
Enc
cc: Ms. Pam Buchan, Sr. Community Dev. Specialist, wI encl.
Mr. Rick Emerson, Chief of Police, w/encl.
Mr. Sam Lopez, Fire Chief, w/encl.
Mr. Ian Gill, w/oencl.
file, wI encl .
3127 Jefferson Street. San Diego, California 92110 . P.O. Box 80367, 92138 . 619/291-6330
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COUNCIL AGENDA STATEMENT
Item It.
Meeting Date 2/4/92
ITEM TITLE: Resolution /5115 Amending the amended acquisition/
financing agreement and approving amendments to consultant
agreements with Willdan Associates and Thomas O. Meade for the
EastLake Greens Assessment Di stri ct No. 90-3 and authorizing
the Mayor to execute said amendments
SUBMITTED BY: Director of P~liC wo~
REVIEWED BY: City Manageq (4/5ths Vote: Yes_No__X.J
{./
On January 22, 1991, Counci 1 established the EastLake Greens Assessment
Di stri ct No. 90-3 and 1 evi ed assessments in the amount of $24,185,852. In
July, 1991, the assessed amount was reduced to $22,352,427 as a result of
reduced construction costs, and assessment district bonds were issued in that
amount. Construction of the improvements which are the subject of the
assessment district are nearing completion and it is projected that the major
street component of the district will be significantly below original
estimates. It is proposed therefore, that addi t i ona 1 major street
improvements be added to the acquisition/financing agreement and the
assessment district to make up the cost shortfall.
RECOMMENDATION: Adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At the time that the assessment di stri ct bonds were issued in August, 1991,
the Development Impact Fee (DIF) el igi bl e major street cost was fixed at
$5,815,363. A single family detached dwelling is one EDU.
The amount actually expended for DIF el igible major streets is approximately
$2,958,000 or approximately $2,857,000 less than estimated. The substant i a 1
reduction in estimated DIF eligible costs is the result of low construction
bids, cost savings during construction, the el imination of a contingency
allowance and a reduction in the scope of landscaping to be financed.
The EastLake Greens Assessment District No. 90-3 provided funding for several
types of hcil ities including water lines, sewer lines, pump stations,
reclaimed water lines, collector streets that are not DIF Major Streets, and
DIF Major Streets. The DIF Major Streets in the Greens area are Otay Lakes
Road, EastLake Parkway and Hunte Parkway. The amount of the Assessment for
each improvement except DIF Major Streets was based upon the proportionate
benefit that each benefiting property received from the Improvement ie. water
line, Pump Station, collector street. However, the Assessment for the DIF
Major Streets was based on the DIF fee for the whole eastern area. The size
of the benefiting area for the DIF Major Streets would not be the same size
for other improvements. All properties were charged the same assessment for
WPC 5870E
1'7--1
----.-.-------".-----.-.
Page 2, Item.J)..,
Meeting Date 2/4/92
the DIF Major streets as their Total DIF fee would be, and the size of the
benefiting area in terms of EDU's for the DIF Major streets is equal to the
total cost of DIF Streets divided by the DIF fee.
For instance, if the DIF streets costs financed by this district had been $3
mi 11 ion instead $5.8 mill ion, the number of benefi t i ng uni ts in the di stri ct
would have been 3 mill ion divided by $3060 or 980 EDU, whereas, if the DIF
cost is $5.8 million the number of EDU's would be 1895. In this case the size
of the 01 F Assessment district has already been set and assessed with each
parcel receiving an assessment for DIF streets of $3060. (There were other
components to the assessments so that each parcel paid much more than the
$3060).
The DIF program requires that each parcel in the Eastern Area pay their fair
share, (a requ i rement of AB 600). If we reduced the DIF assessment for each
parcel, then some of the lots that have been sold will not have paid their
fair share and we would have no way to collect additional amounts for already
deve loped lots. For lots that don't have building permits, we could reduce
the the assessment on the lot, and then charge the buil der the di fference
between the assessment and $3060 when a permit is pulled. However, it would
be an administrative nightmare to keep all the particulars clear considering
all the staff involved, and later to explain different assessments to new
move-ins.
Staff believes the best way to deal with the excess funds would be to include
more improvements to the extent that the final DIF assessment for each parcel
would be $3060. Just as it is today. That way each property owner's
assessment will not change, but more improvements in the area will be financed
with the same amount of assessments.
Procedurally, the addition of DIF improvements to the district is accomplished
in two steps. First, the exi st i ng acquisition/financing agreement must be
amended to i nc 1 ude the add it i ona 1 improvements. Thi s action is accompl i shed
in the resolution before you today. Second, the fi na 1 Eng i neer' s Report must
be modified to include the additional improvements and their cost. This is
done after the improvements are completed and the final costs are verified.
The proposed addi t i ona 1 improvements consist of the grading and surface
improvements for Otay Lakes Road from Lane Avenue to approximately 500 feet
east of Salt Creek. EastLake Development Company is currently constructing
these improvements which are scheduled to be completed about March 1, 1992.
The estimated cost of these improvements is $3,403,522, however only the
amount equal to the cost short fa 11 will be acqu ired. The balance wi 11 be
utilized for future DIF credits by EastLake Development Company.
Also included in this agenda item are amendments to the professional services
agreements for Wi 11 dan Associ ates and Thomas Meade, two of the consul tants
reta i ned to conduct the assessment di stri c.t proceedi ngs. Wi 11 dan Associ ates
is the Assessment Engineer, and Thomas Meade is the Project Manager. The
amendments to thei r agreements are for increased compensation resulting from
WPC 5870E
1 ¡..:t..
_.,._,-----.__.__.~_._._-_._.._.,_.._-- - ----_._--------_.._~--
Page 3, Item I~
Meeting Date 2/4/92
the additional work that is required by this proceeding that could not have
been anticipated when the original agreements were prepared in early 1990.
The additional work is generated by multiple acquisition payments and the
addition of improvements to the district requiring revision to the final
Engineer's report.
When the original agreements were prepared, it was anticipated that there
would be a single lump sum acquisition payment requiring a single verification
of the acquisition costs. Upon completion of the acquisition process, there
will have been four separate cost veri fication and acqui sit ion payments as
requested by the developer. The additional verification and acquisition
payments are a result of the magnitude of the project and the fact that
construction of the vari ous phases of the project are being completed at
different times. The addit ion of improvements to the district and the
attendant changes to the assessment district documentation was not anticipated
in the original agreements. The additional compensation for Wi 11 dan
Associates is $29,000 and $4,000 for Thomas Meade. Funds are available from
the assessment district to pay these costs.
FISCAL IMPACT: None to the City. Funds are available from the assessment
district to fund the additional improvement and consultant costs.
DDS:AY083
WPC 5846E
WPC Sa7GE \~.. ~ 1 12....,
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RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHUIJ\ VISTA, CALIFORNIA, APPROVING AND AUTHO-
RIZING EXECUTION OF AMENDED ACQUISITION/
.. FINANCING AGREEMENT RELATING TO THE INSTALLA-
TION AND FINANCING OF CERTAIN IMPROVEMENTS IN
A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the
formation of a epecial asseBement district under the terms and provisions of the
·Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California, for the construction of certain public works of
improvement in a special aseessment district, said ass. Bement district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "Assessment District") I and,
WHEREAS, the Streets and Highways Code of the State of California, specifically the
"Municipal Improvement Act of 1913", expressly authorizes the acquisition of any
improvements that are authorized to be constructed under said law, and the property
owner, in order to proceed in a timely way with his development, desires to
construct and/or cause the construction of certain works of improvemsnt prior to the
adoption of the Resolution of Intention¡ and,
WHEREAS, at this time there has been eubmitted to this City Council for review and
approval, an Amended Acquisition/Financing Agreement setting forth certain terms and
conditions, as well as estimated prices and quantities of work to be installed and
financed pursuant to the above-referenced Agreement. which Amsnded Acquisition/
Financing Agreement will replace and supercede the original Acquisition/Financing
Agreement previoualy submitted and approved.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS.
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Amended Acquisition/Financing Agreement, as submitted for the
referenced Asssssment District, is hereby approved, and execution is
authorized to be made by the Mayor and City Clerk.
SECTION 3. That said Amended Acquisition/Financing Agreement submitted herewith
ehall replace and supercede the original Acquisition/Financing Agreement
previously submitted and approved.
SECTION ... That . copy of said Amended Acquisition/Financing Agreement shall be
kept on file in the City Clerk and remain for public inspection.
-
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SECTION 5. The final prices to be paid for said improvements shall be prices as
detsrmined by the City to be reasonable, to represent the actual coats
and expenses for the installed works of improvement, including all
appropriate incidental expenses.
-~
APPROVED and ADOPTED this day of , 1990.
KAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST I
~rf' :.J .
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
BRUCE M. BOOGAARD TY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHUUI VISTA
I, BEVERLY-A. AUTHELET, CITY CLERK of the CITY OF CHUUI VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing . Resolution, being Resolution No. , waa duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the ..eting of said City Council
held on the day of , 1990, and that the ..me was
passed and adopted by the following vote.
AYES. COUNCIL HEMBERS
IIOES, COUNCIL HEMBERS
.
ABSENT. COUNCIL HEMBERS
ABSTAIN, COUNCIL MEMBERS
EXECUTED this day of , 1990, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
[SEAL)
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AMENDED ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
1990, by and between the CITY OF CHULA VISTA, s public agency of the State of
California (hereinafter referred to as "City"), and EASTLAKE DEVELOPMENT CO.,
(hereinafter referred. to as "Property Owner").
WHEREAS, the City is considering the formation of a special ..sessment distr ict
under the terms and conditions of the "Municipal Improvement Act of 1913" , being
Divi8ion 12 of the Streets and Highways Code of the State of California, for the
construction of certain public improvements, together with appurtenances and appurte-
nant work within the jurisdictional limits of said City, said .pecial .s.essment
district known and designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS,
PHASE I (hereinafter referred to as the "Assessment District") and,
Section 66462 of the Government Code of the State of California .
WHEREAS, ("Subdivi-
.ion Map Act") expressly authorizes financing and completion of public improvements
under an appropriate special asseøsment act, and Section 10102 of the. Streets and
Highways Code ("Municipal Improvement Act of 1913") expressly authorizes the acquisi-
tion of any improvements authorized to be constructed under said law and,
0
WHEREAS, Property Owner, in order to proceed in a timely way with its development,
d.sires to construct and has constructed certain public works of improvement that
are proposed. to be included with the works of improvement for the Assessment
District, namely, the improvement. as set forth and described in the attached,
referenced and incorporated Exhibit "A" and,
,
WHEREAS, the City and Property OWner are in agreement that the determined eligible
works of improvement may be included within the A.sessment District financ:ing at at
prices determined by the City to be reasonable and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall,
upon a successful confirmation of assessment and sale of bonds for the Assessment
District, be paid for the works of improvement which are integral, determined
eligible and a part of the A.sessment District, as the pric.s as determined by the
City and,
WHEREAS, the properties within the boundaries of the Assessment District will be
as.....d only for those portions of the works of improvement that benefit the proper-
tie. within the boundarie. of the A.....ment Di.trict, and this Acquisition/
Financing Agreement and payment for the works of improvement will apply to and only
cover tho.. portions of said works of improvement1 and,
WHEREAS, in performing under this Agreement, it i. mutually understood that Property
OWner i. acting a. an independent contractor and not an agent of the City, and City
.hall have no responsibility for -payment to any contractor, subcontractor or
.upplier of the Property Owner and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the works
of improvement constructed pursuant to this Agreement until .uch time as the City,
acting pursuant to the provisions of the "Municipal Improvement Act of 1913", .hall
acquire such works of improvement. Upon such transfer, .uch improvements shall
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become the property of the public agency and/or regulated utility authorized to
provide the eervice to the Assessment District and,
WHEREAS, the City has no objection to purchasing the improvements from said Property
Owner, and Property Owner is desirous that the City purchase said improvements, and
at this time said improvements are owned by Property Owner and,
WHEREAS, Property Ownsr hsreby further agrees to indemnify and hold harmless the
City of any challenge involving the validity or enforceability of this Agreement and
Property Owner further agrees to defend or provide the monies in advances for any
dsfense as it relates to a challenge to this Agreement and,
WHEREAS, City may, at its option, terminate this Agreement at any time if any legal
challenge is filed relating to the validity or enforceability of this Agreement for
these assessment district proceedings. ,
,
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows.
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The City has no financial obligation to construct the improvements, and
all expense for said improvements, including all incidentals thereto,
ahall be borne ,by owners of property within the Assessment District.
SECTION 3. That said City does intend to proceed with the adoption of a Resolution
of Intention and the formation of a special Assessment District for the
improvements above described however, the City reserves the right to
determine those facilities which are eligible for final funding.
SECTION 4. That the City agrees to acquire and finance through the use of special
assessment proceedings, and Property Owner agrees to convey all
completed improvements to the City, those improvements being all as set
forth in the previously referenced Exhibit "A". Property Owner agrees
to post with the City the required bonds to guarantee the performance
of the work and payment of all labor and materials, aaid bonds to be in
the amounts as determined by the City.
Property Own~r shall be responsible for the maintenance and shall
maintain said improvements in a satbfactory condition prior to any
final transfer and acceptance.
SECTION 5. 110 acqubition monies shall be paid until the ~escribed improvements
to be acquired have been transferred free and clear of all liens,
claims and encumbrances, and Property Owner does hareby indemnify the
City against any liens, claims or encumbrances relating to said
acquired improvements.
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SECTION 6. The final facilities and actual prices to be paid for said improvements
are thoee that the City believes to be integral and reasonable and
confer special benefit on properties within the Assessment Diatrict.
The estimateel prices for the improvements are set forth in the'
attached, referenceel and incorporated Exhibit -S". Final prices shall
be baseel upon unit prices and quantities as determined by the City to
be rea.onable # and no other costs and expenses shall be allowed unless
expressly authorized by the legislative body of the City. The Property
Owner shall provide all .ubstantiating documentation anel certifications
of authenticity as requested by the City in the determination of either
the quantities of work constructed or the prices to be paid for such
improvements.
SECTION 7. The estimated quantities set forth in the previously referenced Exhibit
,
"S" shall be revised to reflect the actual quantities of works of
improvement actually constructed at pricee as eIetermined by the City.
Any final eIetermination shall be maele by the City as to the prices and
quantities to be paiel.
SECTION B. The costs of acquisition shall also incluele the necessary engineering
anel relateel incielental expenses, including, but not limiteel to, the
preparation of plans, specifications, bidding and all related eIocumenta-
tion. saiel final costs and expenses are to be determineel upon the
~mpletion of the works of improvement anel certifieel by the City.
SECTION 9. The cost for said works of improvement .hall be .pread in accordance
with the benefits received, as determineel by the Assessment Engineer
for the As.essment District.
SECTION 10. All plans anel .pecifications shall be submitted by the Property Owner,
anel all improvements shall. be bid anel constructeel in full compliance
with all applicable local rules anel laws, inclueling the payment of
prevailing wages. Property Owner agrees to keep .recorels anel to allow
the City to review aaiel r.cords for all bids anel contracts l.t for any
of the improvements. City shall have the right to inspect all works of
improvement as if said works of improv.ment were being constructeel as a
public works contract let by the City. -
SECTION 11. Upon ex.cution of this Agre81118nt anel completion of the improvements,
the City shall have the right to use .aid improvements as det.rmineel
necessary and integral for the works of improvement within the Assess-
merit Diatrict.
SECTION 12. The acquisition monies, upon the eale of bonels, ehall be diatdbuted
pursuant to written inetructions executeel by all persons having an
interest in the property, as disclosed by a current title r.port.
"Intere.ted parties" .hall consiat of property owners as .hown on the
last .qualized a....._nt roll for property tax.., as well a. any
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beneficiaries under any existing deeds of trust. No cash distribution
.hall be made until .11 parties have executed the appropriate written
in.tructions.
SECTION 13. Acquisition monies may be withheld until .11 improv.ment.required to
-- b. in.tal1.d by the Property OWn.r h.ve been compl.ted, and a reason-
able amount of monies due under this Agreement may be .ub.equently with-
held to cover final possible correction. and/or .djustment. in the
work, said work to be .ccompli.hed .ubsequent to the confirmation of
the ......ment .nd .ale of bonds,
SECTION 14. This Agreem.nt is contingent upon the confirmation of .ssessments and
.ucce..ful e.le of bond., .nd it. .hall be null .nd void if .aid bonds
.re not .01d within . three (3) ye.r period following the date of this
Agreement, or .ny mutually .greed extension; however, this time can be
extended by reque.t of the Property OWner .nd concurrence of the
legisl.tive body.
SECTION 15. Property OWner h.reby .gr... to provide writt.n notic. to .ny potential
purcha.ers of lots in . form .atisfactory to City .0 .dvising the
potential owner of the f.ct of th. proposed or confirmed Assessment
District, with .aid document being ex.cuted by the potential owner.
SUch notice shall be provided to the potential owner a r.asonable time
before the potential owner become. contractually committed to purchase
the lot .0 that the potential owner may knowingly consider the impact
of the asaessment in the decision to purchas. the lot. A copy of all
.uch notice. executed by actual purchasers .hal1 be .ent to the City.
SECTION 16. Property OWner agrees to and shall assume the d.fense of, indemnify and
hold harmless the City, its officers and agents, from any action,
damages, claims or loss.s of any type resulting from thh Agre.ment,
including without limitation the design, engineering, construction
bidding, .ward of the contract contract .nd con.truction of the improve-
ments. No provision as contained herein .hall in any way limit the
extent of the responsibility of .aid Property OWner for payment of
damages resulting from the construction of the improvement. and/or any
contractual relationships between Property Owner and contractor and/or
.ubcontractors.
SECTION 17.. This Agre.ment is binding upon h.irs, a..ign., and successors-in-
int.r..t.
SECTION 18. Thi. Agreement, by its execution, amend. and supercede. any term. and
condition. that may be incon.istent in any previous agr.ement, includ-
ing any .ubdivi.ion improvem.nt agreement, relating to the con.truc-
tion, installation or financing of said improvements.
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SECTION 19. The prevailing party in any litigation relating to, interpreting or
enforcing this Agreement, shall be entitled to reasonable attorney·.
fees as determined by the Court.
SECTION 20. This Agreement and the construction of the improvements shall be
subject to all local lawB and ordinances relating to the requirement of
improvell)ent agreements, land divillion, improve-;nent security or other
applicable development requirements.
EXECUTED by and between the parties hereto on the day and year first hereinabovs
written.
'.
·CITJC"
CITJC OF CHULA VISTA
MAJCOR
CITJC OF CHULA VISTA
'romro IA
ATTEST: ;";" ,d ..~' "
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CITY CLERK
CITY OF CHULA VISTA
STATE OF CAIFORNIA
·PROPERTY OWNER"
EASTLAKE DEVELOPMENT CO.
- BYIJ~l~
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EXHIBIT A
DESCRIPTION OF WORK
ASSEssMENT DISTRICT NO. 90-3
The general description of work to be funded by Assessment District 90-3 consists of the
foUowing:
1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk,
street lighting and landscaping within the following rights-of-way:
,
a. North Greensview Drive:: from Hunte Park-way west to Clubhouse Drive.
b. Master Ridge Road - from North Greenview Drive north to its terminus.
c. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway.
e. EastLake Parkway - from Otay Lakes Road south to SDG&E easement.
f. Hunte Parkway - from Otay Lakes Road south to Clubhouse Drive.
2. Utilities and underground improvements consisting of potable water facilities,
reclaimed water facilities, sanitary sewers, storm drains, irrigation facilities and
utility undergrounding as appropriate by applicable state and federal statutes within
the following rights-of-way:
a. Eastlake Parkway - from Otay Lakes Road south to the SDG&E easement.
b. North Greensview Drive - from Hunte Parkway west to Clubhouse Drive.
c. Master Ridge Road - from North Greensview Drive north to its terminus.
d. Clubhouse Drive- from Hunte Parkway west to EastLake Parkway.
e. Greensgate Drive - from North Greensview Drive west to EastLake Parkway.
f. Hunte Parkway - from Orange Avenue north to Otay Lakes Road.
g. Otay Lakes Road - from EastLake Parkway east to its terminus onsite.
3. Two sewer pump stations and associated force mains located in Otay Lakes Road and
EastLake Parkway.
.
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Exhibit B
ACQuiSition Agreement
EasUake Development Assessment District 90-3
COST SUMMARY . ... . - --
- DESCRIPTION
ITEM , COST
, 980 WATER SYSTEM 1.684.921
2 710 WATER SYSTEM 1,426,751
3 WASTEWATER 2,032,996
4 STREET, STORM DRAIN & LANDSCAPING 4,847.466
5 RECLAIMED WATER 975,861
6 DRY UTIUTIES 1.173.014
7 DIF STREETS '. 5.101.950
8 INCIDENTALS 3.442,000
TOTAL 20.784.959 .
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Exhibit B
ACQuisition Agreement Exhibit
Eastlake Development Assessment District 90-3
9S0 WATER SYSTEM
-.
UNIT QUANTm" UNIT COST
-
ITEM , DESCRIPTION PRICE
EASTlAKE PARKWAY
1 AIR RELEASE VALVE (2') EA. 4
2 BLOWOFF W-6 (2') EA. 2
3 BLOWOFF W-9 (4') EA. 3
4 BUTTERFLY VALVE (12') EA. 3
5 BUTTERFLY VALVE (20') EA. , 5
6 12' WATER MAIN L.F. 213
7 20' WATER MAIN l.F. 2941 ,
S 30' WATER MAIN LF. 37
9 l' WATER SERVICE EA. 2
10 2' WATER SERVICE EA. 1
11 BLOWOFF (6') EA. 1
12 36' WATER MAIN l.F. 1844
13 BUTTERFLY VALVE (36') EA. 3 ITEMS 1-13 275,000
GREENSGATE DRIVE
14 AIR RELEASE VALVE (1') EA. 1
15 FIRE HYDRANT (3-WAY) EA. 1
16 12' WATER MAIN l.F. 495 ITEMS 14-16 21.570
N. GREENSVIEW DRIVE
17 AIR RELEASE VALVE (1') EA. 2
1S BLOWOFF W-6 (2') EA. 1S
19 FIRE HYDRANT (3-WAY) EA. 17
20 BUTTERFLY VALVE (S') EA. 9
21 BUTTERFLY VALVE (10') EA. 6
22 BUTTERFLY VALVE (12') EA. 31
23 BUTTERFLY VALVE (16') EA. 1
24 BUTTERFLY VALVE (20') EA. 1
25 BUTTERFLY VALVE (30') EA. 2
26 8' WATER MAIN LF. 314
'ZT 10" WATER MAIN LF. 239
2S 12' WATER MAIN LF. 5295
29 '6' WATER MAIN L.F. 59
. . 30 2' WATER SERVICE EA. 1 ITEMS 17-30 352.52S
.
OS-Dee-gO
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ExM)itB
Acquisition Agreement Exhibit
Eastlake Development Assessment District 90-3
880 WATER SYSTEM
- UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION ". . . . ~ ..n . ..-- .. PRICE
MASTER RIDGE ROAD
31 AIR RELEASE VALVE <1") EA. 1
32 BLOWOFF w-e (2") EA. 3
33 FIRE HYDRANT (3-WAY) EA. 2
34 BUTTERFLY VALVE (10") EA. _. 3
35 BUTTERFLY VALVE (12") EA. 4
3e 10" WATER MAIN LF. 14e
37 12" WATER MAIN LF. 1088 ITEMS 31 -37 61,049
CLUBHOUSE DRIVE
38 AIR RELEASE VALVE (I") EA. 7
39 AIR RELEASE VALVE (2") EA. 3
40 BLOWOFF w-e (2") EA. 9
41 BLOWOFF W-9 (4") EA. 4
42 FIRE HYDRANT (3-WAY) EA. 11
43 BUl"'fERFLY VALVE (10") EA. 15
44 BUTTERFLY VALVE (12") EA. I
45 BUTTERFLY VALVE (Ie") EA. 1
46 BUTTERFLY VALVE (20") EA. 3
47 BUTTERFLY VALVE (30") EA. 2
48 e" WATER MAIN LF. 138
49 10" WATER MAIN LF. 3289
50 12" WATER MAIN L.F. 39
51 20" WATER MAIN . L.F. 5e1
52 30" WATER MAIN L.F. . 3703 ITEMS 38-52 235,131
N. HUNTE PARKWAY
53 AIR RELEASE VALVE (2") EA. 1
54 BLOWOFF W-6 (2") EA. 3
55 BLOWOFF W-9 (4") EA. 1
56 ARE HYDRANT (3-WAY) EA. 5
57 BUTTERFLY VALVE (16") EA. 2
58 .BUTTERFL Y VALVE (30") EA. 1
59 30" WATER MAIN LF. 3103 ITEMS 53-59 125,000
OS-Dee-90
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Exhibit B
Acquisition Agreement Exhibit
Eastlake Development Assessment District 90-3
980 WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
S. HUNTE PARt«<IAY
60 AIR RELEASE VALVE (1") EA. 2
61 AIR RELEASE VALVE (2") EA. 6
62 BLOWOFF W-6 (2") EA. 3
63 BLOWOFFW-9(4") EA. 2
.
64 FIRE HYDRANT (3-WAY) EA. 4
65 BUTTERFLY VALVE (8") EA. 1
66 BUTTERFLY VALVE (16") EA. 4
67 8" WATER MAIN LF. 38
68 16" WATER MAIN L.F. 3101 ITEMS 60-68 227,612
CfTAY LAKES ROAD
69 AIR RELEASE VALVE (1") EA. 1
70 AIR RELEASE VALVE (2") EA. 9
71 BLOWOFF W-6 (2") EA. 7
72 BLOWOFF W-9 (4") EA. 8
73 FIRE HYDRANT (3-WAY) EA. 2
74 BUTTERFLY VALVE (12") EA. 5
75 BUTTERFLY VALVE (16") EA. 7
76 12" WATER MAIN L.F. 1965
77 16" WATER MAIN LF. 5244
78 2" WATER SERVICE EA. 1 ITEMS 69-78 233.857
SUBTOTAL 1.531,746
79 CONTINGENCY 10% 153,175
TOTAL 1,684,921
OS-Dee-90
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Exhi~it B
ACQuisition Agree.ment
Easllake Development Assessment District 90-3
INCIDENTAL EXPENSES
-~
ITEM I DESCRIPTION COST
1 DESIGN ENGINEERING 1,367,000
2 CONSTRUCTION SUPERVISION 70.000
3 LANDSCAPE DESIGN 320,000
4 UTlUlY ENGINEERING 50,000
5 PLAN CHECK & INSPECTION FEES 600,000
6 SURVEYING & STAKING 336,000
7 SPECIAL STUDIES ENGINEERING . 300.000
8 SOILS ENGINEERING 164.000
9 SewER & WATER ENGINEERING 235.000 ,
TOTAL 3,442,000
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OS-Dee-90
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ACQuisition Agreement
EosUake Development Assessment District 90-3
.
710 WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM' - DESCRIPTION PRICE
EASTlAKE PARKWAY
1 "AIR RELEASE VALVE (2") EA. 8 . -
2 BLOWOFF W-6 (2") EA. 1
3 BLOWOFF W-9 (4") EA. 4
4 FIRE HYDRANT (3-WAY) EA. 15
5 BUTTERFLY VALVE (12") EA. 2
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6 BUTTERFLY VALVE (20") EA. 8
7 12" WATER MAIN LF. . 168
8 20" WATER MAIN LF. 4781 ITEMS 1-8 315,774
N. HUNTE PARKWAY
9 AIR RELEASE VALVE (2") EA. 2
10 BLOWOF"F W-6 (2") EA. 1
11 BLOWOFF W-9 (4") EA. 1
12 BUTTERFLY VALVE (24") EA. 2
13 24" WATER MAIN L.F. 3093 ITEMS 9-13 411,759
S. HUNTE PARKWAY
14 AIR RELEASE VALVE (2") EA. 3
15 BLÔWOFF W-6 (2") EA. 1
16 BLOWOFF W-9 (4") EA. 3
17 BUTTERFLY VALVE (24") EA. 3
18 24" WATER MAIN LF. 3027 ITEMS 14-18 320.000
OTAY LAKES ROAD
19 AIR RELEASE VALVE (2") EA. 8
20 BLOWOFF W-9 (4") EA. 9
21 FIRE HYDRATN (3-WAY) EA. 3
22 BUTTERFLY VALVE (10") EA. 1
23 BUTTERFLY VALVE (20") EA. . 3
24 BUTTERFLY VALVE (24") EA. 11
25 BUTTERFLY VALVE (30") EA. "
26 10" WATER MAIN LF. 36
27 20" WATER MAIN L.F. 1271
28 24" WATER MAIN L.F. 6279
29 30" WATER MAIN L.F. 2092 .
30 BLOW OFF (6") EA. 3
31 AIR RELEASE VAlVE (3") EA. 2 ITEMS 19-31 249,514
SUBTOTAL 1,297,046
32 CONTINGENCY , O'M> 129,705
TOTAL 1,426,751
OS-Dee-gO
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Exhibit B
ACQuiSition Agreement
Eastlake Development Assessment District 90-3
SEWER SYSTEM
UNIT OUANmY UNIT COST
-~ - ~ q - ~ - . . ~ .
ITEM , DESCRIPTION PRICE
EASTtAKE PARtŒAY
1 MANHOLE S-17 4' DIAM. EA. 17
2 CONNECT TO EXIST. MANHOLE EA. 1
3 8" P.V.C. LF. 2806
4 8" SEWER MAIN LF. 2114
5 12" P. V.C. LF. 2220
8 FORCE MAIN CLEAN OUT EA. , 5 ITEMS 1-8 204,758
7 PUMP STATION EA. 1 315,126
GREENSGATE DRIVE
8 MANHOLE S-17 4' DIAM. EA. : 1
9 8" P.V.C. L.F. 559
10 SEWER END CAP EA. 2
11 SEWER PLUG (EXIST. SEWER) EA. 1
12 REM. PLUG CONN. W/C. COLLAR EA. 1 ITEMS 8-12 14,160
N. GREENSVIEW DR.
13 MANHOLE S-17 4' DIAM. EA. 12
14 8" P-:V.C. L.F. 3092
15 SEWER END CAP EA. 7
16 SEWER PLUG (EXIST. SEWER) EA. 1
17 4" SEWER LATERAL EA. 1 ITEMS 13-17 84,503
MASTER RIDGE ROAD
18 MANHOLE S-17 4' DIAM. EA. 3
19 8" P.V.C. L.F. 994
20 SEWER END CAP EA. 3
21 SEWER PLUG (EXIST. SEWER) - EA. 1
22 4" SEWER LATERAL EA. 1 ITEMS 18-22 26,432
CLUBHOUSE DRIVE
23 MANHOLE S-17 4' DIAM. EA. 7
24 8" P.V.C. LF. 2503
25 SEWER END CAP EA. 4
26 REM. PLUG CONN. W/C. COLLAR EA. 1
27 ENCASEMENT (>8") LF. 105 ITEMS 23-27 87,661
N. HUNTE PARtŒAY
28 MANHOLE S-17 4' DIAM. EA. 9
29 8" P.V.C, LF. 37
30 10" P.V.C. LF. 37
31 SEWER END CAP EA. 4
32 SEWER PLUG (EXIST. SEWER) EA. 2
33 6" SEWER MAIN L.F. 74
34- 12" FORCE MAIN LF. 296
35 15" SEWER MAIN L.F, 2840 ITEMS 28-35 108,469
1If1!l!J#1 J.2~;¿/
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Exhibit B
ACQuisition Agreement
Eastlake Development Assessment District 90-3
SEWER SYSTEM
- UNIT OUANTIlY UNIT COST
ITEM , DESCRIPTION PRICE
S. HUNTE PAR~AY
36 MANHOLE S-17 4' DIAM. EA. 7
37 FORCE MAIN CLEAN OUT EA. 7
38 12" SEWER MAIN LF. 2734
39 12" FORCE MAtN L.F. 3065 ITEMS 36-39 259,S20
OTAY LAKES ROAD
40 MANHOLE S-17 4' DIAM. EA. , 1S
41 10" P.V.C. L.F. 134
42 S" SewER MAIN L.F. 86 ,
43 12" P. V.C. L.F. 1430
44 FORCE MAIN CLEAN OUT EA. 10
45 12" SewER MAtN LF. 4277 ,
46 15" SEWER MAIN L.F. 3130 ITEMS 40-46 267,250
47 PUMP STATION EA. 1 500,000
SUBTOTAL 1,848,178
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Exhibit B
AcQuisilion Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
- UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
N. GREENSVIEW DRIVE
1 GRADING - FILL C.Y. S,OOO 1.00 S,OOO
2 GRADING - CUT BALANCE C.Y. 730,000 0.50 365,000
3 1S" R.C.P. LF. 793
4 24" R.C.P. LF. 2329
5 30" R.C.P. LF. 547
6 36" R.C.P. L.F. ' 579
7 42" R.C.P. LF. 362
S CLEANOUT TYPE A (0-9) EA. 22
9 CURB INLET TYPE B (0-2) EA. 13
10 CONCRETE LUG (0-63) EA. 1 ITEMS 3-10 904 ,303
11 6" A.C. BERM LF. 1171
12 A.C. SIDEWALK L.F. 5653
13 PED. RAMP (SDG-101) LS. 20
14 CITY MONUMENT EA. 16
15 GU~RD BARRICADE EA. 72
16 MONOLITHIC CURB, GUT. & SfW L.F. S873
17 ADJ. M.H. COVER TO GRADE EA. 34
1S PAVING (COLLECTOR STRS.) S.F. 240273
19 SEAL COAT S.F. 240273
20 S' P.C.C. DRIVEWAY EA. 5
21 5 1/2" P.C.C. X-GUTTER S.F. S90
22 STREET LIGHT - SINGLE HUNG EA. 14 ITEMS 11-22 575.321
OS-Dee-90
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Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
-~ UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
MASTER RIOOE ROAD
23 GRADING - FILL C.Y. 31000 0.50 15.500
24 GRADING - CUT BALANCE C.Y. 0 0.00 0
25 18" R.C.P. LF. 456
26 24" R.C.P. L.F. 263
27 30" R.C.P. L.F. 226
28 CLEANOUT1YPE A (D-9) EA. ' 5
29 REMOVE EXIST. S.D. L.F. 46 ITEMS 25-29 159.724
,
30 6" A.C. BERM L.F. 76
31 A.C. SIDEWALK L.F. 367
32 PED. RAMP (SOO-101) LS. 3
33 CITY MONUMENT EA. 1
34 GUARD BARRICADE EA. 67
35 MONOLITHIC CURB, GUT. & srw L.F. 1637
36 PAVING (COLLECTOR STRS.) S.F. 31670
37 SEAL COAT S.F. 31670
38 1YPE B-1 CURB L.F. 208
39 8' P.C.C. DRIVEWAY EA. 2
40 5 1/2" P.C.C. X-GUTTER S.F. 1040
41 STREET LIGHT - DOUBLE HUNG EA. 1
42 STREET LIGHT - SINGLE HUNG EA. 2
43 30' COMMERCIAL DW"(. EA. 1 ITEMS 30-43 98.392
OS-Dee-90
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Exhibit B
ACQuiSition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
-~ UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
CLUBHOUSE DRIVE
44 TRAFFIC SIGNALlZATON LS. 1 150,000.00 150,000
45 GRADING - Fill C.Y. 36000 1.00 36,000
46 GRADING - CUT BALANCE C.Y. 150000 0.50 75,000
47 LANDSCAPING LS. 1 300,000 300,000
48 18· R.C.P. LF. 1042
49 24· R.C.P. LF. , 754
50 30· R.C.P. LF. 588
51 36· R.C.P. l.F. 433 .
52 42· R.C.P. l.F. 133
53 48· R.C.P. LF. 469
54 CLEAN OUT TYPE A (D-9) EA. 13
55 CURB INLET TYPE B (D-2) EA. 13
56 CONCRETE LUG (D-63) EA. 1 ITEMS 48-56 710,410
57 6· TYPE G CURB (G-2) LF. 3131
58 6· ~C. BERM l.F. 615
59 A.C. SIDEWALK LF. 2979
60 PED. RAMP (Soo-101) l.S. 6
61 P.C.C. SIDEWALK S.F. 26219
62 CITY MONUMENT EA. 9
63 MONOLITHIC CURB, GUT. & SIW L.F. 3437
64 ADJ. M.H. COVER TO GRADE EA. 21
65 SAWCUT EXIST. P.C.C. OR A.C. LF. 120
66 REMOVE A.C. BERM & A.C. SIW LF. 145
-
67 PAVING (COLLECTOR STRS.) S.F. 154938
68 SEAL COAT S.F. 198972
69 TYPE B- 1 CURB L.F. 2267
70 STREET LIGHT - DOUBLE HUNG EA. . 2
71 STREET LIGHT SINGLE HUNG EA. 8 ITEMS 57-71 475,974
OS-Dee-gO
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.~._...- _.._--~.-.-.._._.. '.'.-."
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Exhibit B
ACQuisition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
-- UNIT QUANTITY UNIT COST
ITEM , DESCRIPTlON PRICE
GREENSGATE DRIVE
72 GRADING - FILL C.Y. 0 0.00 0
73 GRADING - CUT BALANCE C.Y. 83000 0.50 41,500
74 18" R.C.P. LF. 86
7S 42" R.C.P. LF. 384
76 CLEANOUT TYPE A (D-9) EA. 1 ITEMS 74-76 118.037
77 CURB INLET TYPE B (D-2) EA. . 2
78 PED. RAMP (Soo-101) LS. 2
79 MONOLITHIC CURB. GUT. & srw L.F. 988
80 ADJ. M.H. COVER TO GRADE EA. 2
81 SAWCUT EXIST. P.C.C. OR A.C. LF. 150
82 REMOVE A.C. BERM & A.C. srw LF. 130
83 SEAL COAT S.F. 31406
84 TYPE B-1 CURB L.F. 853
85 STREET LIGHT - DOUBLE HUNG EA. 1
86 PAV.!.NG (MAJOR STREETS) S.F. 31406 ITEMS 77-86 75,580
87 ADD. LANDSCAPING COST L.S. 1 388,955 388.955
SUBTOTAL 4,497.696
88 CONTINGENCY 10% 449,770
TOTAL 4.947,466
05-Dee-90
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_....._.~_._---_.__.._~.~----- ..
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Exhibit B
ACQuisition Agreement
Eastlake Development Assessment District 90-3
RECLAIMED WA1ER SYSTEM
. UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
EASTtAKE PARflmAY
1 6" RECLAIMED WATERLINE LF. 110
2 16" RECLAIMED WATERLINE L.F. 4855
3 GATE VALVE (6") EA. 3
4 Bl1TTERFlY VALVE (16") EA. 7
5 AIR RELEASE VALVE (2") EA. 6
6 BLOWOFF W-S (2") EA. ... 3
7 BLOWOFF W-9 (4") EA. 6 ITEMS 1-7 327,446
N. HUNTE PARflmAY "
8 1S" RECLAIMED WATERLINE L.F. 3152
9 BlITTERFLY VALVE (16") EA. 2
10 AIR RELEASE VALVE (2") EA. 2
11 BLOWOFF W-9 (4") EA. 2 ITEMS 8-11 135,000
S. HUNTE PAFWNAY
12 1S" RECLAIMED WATERLINE LF. 3147
13 BlJ!!ERFLY VALVE (1S") EA. S
14 AIR RELEASE VALVE (1") EA. 2
15 AIR RELEASE VALVE (2") EA. 3
1S BLOWOFF W-S (2") EA. 3
17 BLOWOFF W-9 (4") EA. 3 ITEMS 12-17 150.000
CLUBHOUSE DRIVE
18 S" RECLAIMED WATERLINE L.F. 70
19 8" RECLAIMED WATERLINE L.F. 331
20 1S" RECLAIMED WATERLINE LF. 201
21 BlITTERFLY VALVE (8") .. EA. 3
22 BUlTERFLY VALVE (12") EA. 1
23 BlITTERFL Y VALVE (1S") EA. 1 ITEMS 18-23 25.907
.
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Exhibit B
ACQuisition Agreement
Eastlake Development Assessmenl District 90-3
RECLAIMED WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM , DESCRtPTlON PRICE
OTAY LAKES ROAD
24 6" RECL.Þ.IMEDWATERLINE L.F. 21
25 S" RECL.Þ.IMEDWATERLINE LF. 2096
26 16" RECLAIMED WATERLINE LF. 1636
27 20" RECL.Þ.IMEDWATERUNE LF. 4932
28 BUTTERFLY VALVE (8") EÞ.. 5
29 BUTTERFLY VALVE (16") EA. - 5
30 BUTTERflY VALVE (20") EA. 9
,
31 AIR RELEASE VALVE (1") EA. 3
32 AIR RELEASE VALVE (2") EA. 9
33 BLOWOFF W-6 (2") EA. 5
34 BLOWOFF W-9 (4") EA. 7 248.793
SUBTOTAL 887,146
35 INCIDENTALS 10% 88,715
TOTAL 975.861
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OS-Dee-90
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Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT COST
ITEM I - DESCRIPTION PRICE
EASTlAKE PARKWAY
1 GRADING - FILL C.Y. 124,000 1.00 124,000
2 GRADING - CUT BALANCE C.Y. 33,000 0.50 16,500
3 LANDSCAPING LS. 1 392,877 392,877
4 TRAFAC SIGNALIZATION LS. 1 150,000 150.000
5 18' R.C.P. LF. 1451
6 CLEANOUTTYPE A (D-9) EA. , 9
7 CURB INLET TYPE B (D-2) EA. 17
8 TYPE' F' C.B. EA. 2
9 HIGH SIDE COBBLE DITCH L.F. 1130 ITEMS 5-9 222,260
10 6' TYPE H CURB (G-2) 6205
11 ROLLED CURB (G-4) LF. 60
12 REMOVAL CURB & GUTTER LF. 260
13 6' A.C. BERM L.F. 1070
14 A.C. SIDEWALK L.F. 6314
15 PED. RAMP (SDG-101) LS. 8
16 P.C:ë. SIDEWALK S.F. 27500
17 ST. NAME SIGN (SDM-102) EA. 5
18 CITY MONUMENT EA. 7
19 RELOCATE STREET LIGHT EA. 1
20 MONOLITHIC CURB, GUT. & SNJ L.F. 4945
21 SEAL COAT S.F. 374855
22 TYPE B-1 CURB L.F. 6645
23 5 1/2' P.C.C. X-GUTTER S.F. 600
24 STREET LIGHT - DOUBLE HUNG EA. 15
25 STREET LIGHT - SINGLE HUNG EA. . 11
26 TEMP. A.C. PAVING S.F. 7730
D TRENCH RESURFACING LF. 2800
28 REPLACE EX 4' HP GAS LS. 1
29 PAVING (MAJOR STREETS) S.F. 374855 ITEMS 10-29 1,091,505
OS-Dee-gO
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Exhibit B
Acc¡uisition Agreement
Eastlake Development Assessment District 90-3
I
STREET SYSTEM - DIF
-- UNIT QU...NTI1Y UNIT COST
ITEM , DESCRIPTION PRtCE
N. HUNTE P"'RKW"'Y
30 GRADING - FILL C.Y. 190,000 1.00 190,000
31 GRADING - CUT B"'LANCE C.Y. 28,000 0.50 14.000
32 LANDSC...PING LS. 1 1,700,000 1.700,000
33 TRAFFIC SIGN...lIZATlON LS. 1 150.000 150,000
34 18" R.C.P. LF. 352
35 CLEANOUT TYPE'" (D"9) EA. , 4 ITEMS 30-35 61,880
36 6" TYPE G CURB (G-2) LF. 3052
.
37 6" ....C. BERM L.F. 10S
38 PED. RAMP (Soo-101) L.S. 2
39 P.C.C. SIDEWALK S.F. 10952
40 CITY MONUMENT EA. 5
41 GU"'RD RAIL L.F. 1810
42 GU"'RD B...RRICADE EA. 88
43 "'DJ. M.H. COVER TO GRADE EA. 20
44 REII10VE ....C. BERM & ....C. SIW L.F. 160
45 SEAL CO"'T S.F. 228485
46 TYPE B-1 CURB L.F. 5908
47 STREET LIGHT - DOUBLE HUNG EA. 7
48 STREET LIGHT - SINGLE HUNG EA. 3
49 MONOLITHIC CURB & GUTTER S.F. 2925
50 P...VING (MAJOR STREETS) S.F. 228485 ITEMS 49-72 525,114
SUBTOT"'L 4,638.136
51 CONTINGENCY 10% 463,814
CONSTRUCTION TOT"'L 5,101,950
OS-Dee-90
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Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90- 3
STREET SYSTEM - DIF
-- UNIT QUANTITY UNIT COST
ITEM , DESCRIPTION PRICE
INCIDENTALS
52 CIVIL ENGINEERING LS. 1 431.500 431,500
53 LANDSCAPE ARCHITECTURE LS. 1 , 62,500 162,500
54 SOILS ENGINEERING LS. 1 83.500 83.500
55 SURVEYING LS. 1 171,000 171,000
56 INSPECTION DEPOSIT L.S. 1 189.500 189,500
-- INCIDENTAL TOTAL 1.038,000
GRAND TOTAL 6,139,950
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OS-Dee-90
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RESOLUTION NO. 16238
i
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RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA VISTA
RATIFYING FIRST AMENDMENT ~O AGREEMENT FOR SERVICES WITH
_. WILLDAN ASSOCIATES'
The City Council of the City of Chula Vista does hereby resolve IS
follows:
WHEREAS, on May 22, 1990, pursuant to Resolution No. 15624 the City and
Willdan Associates, a California corporation (Engineer), entered into an
Agreement for Consulting Engineering Services; and,
WHEREAS, the City has requested Engineer to perform additional tasks and
gather additional information relative to completion of Assessment District
90-3 not contemplated in the original Agreement, at costs in excess of those
set forth in the original Agreement; and,
WHEREAS, such additions require amendments to both the scope of services
and fee for services. ~
" NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the First Amendment to Agreement for Services, known
as document number C09l-l2l, a copy of which is on file in the office of the
ti~ Clerk, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista be, and
he is hereby authorized and directed to execute said First Amendment w
Agreement for and on behalf of the City of Chula Vista. . .. .
Presented by
.
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Res01ution No. 16238 ·
Page 2
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PASSED, APPROVED, and ADOPTED by the City Counc11 of the City of Chub
Vista, California, this 9th d~ of Ju1y, 1991 by the f0110wing vote:
AYES: Counc11members: Grasser Horton, Ma1c01m, Moore, Nader,
Rindone
NOES: Counc11members: None
ABSENT: Counc11JDembers: None
ABSTAIN: Counc11members: None
.
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r~ /2~~
- Tim Nader -
- Mayor
ArnST: ·
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, Bever1y A. Authelet, City Clerk of the City of Chula Vista, California, do
herëbý' ·certify· that the foregoing Resolution NO. 16238 WIS . du1y, passed, :
approved, and adopted by the City Counc11 he1d on the 9th d~ of Ju1y, )991.
Executed this 9th d~ of July, 1991.
. ~!f.i¡;;/¡¡~i&ftl
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J;J <J?
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J
., FIRST AMENDMENT TO
AGREEMENT FOR SERVICES
.
This First Amendment to Agreement is entered into this q i-+...day Of~, 1991,
by and between the City of Chula Vista (hereinafter referred to as "CityÎ d Willdan
Associates, a California Corporation (hereinafter referred to as "Engineer");
WI1NESSETI-I
. WHEREAS, on May 22, 1990, pursuant to Resolution No. 15624, the City and Engineer
entered into an Agreement for consultant engineering services to perform a feasibility
and financing plan and to implement findings and recommendations regarding the
EastLake Greens and the balance of the EastLake development, including the proposed
Olympic Training Center; and
WHEREAS, the City has requested Engineer to perform additional tasks and gather
additional information relative to completion of Assessment District 90-3. Such
additions will require an amended Scope of Services; and
WHEREAS, City is desirous of having Engineer complete the additional tasks within
the Scope of Services of this amended agreement which are necessary to accomplish
Assessment District 90-3.
.
NOW, 1HEREFORE, IT IS HEREBY MUTUAU. Y AGREED by and between the
parties hereto that the original agreement is amended as follows:
1. Engineer's responsibilities as set forth in Section I, .Subsection B.2 are amended
to read:
2. "In consultation with City staff, property owners, and other consultants,
using the feasibility report as a guide, determine the improvements to be
financed by the assessment process. Improvements shall include
development impact fee streets."_
2. Engineer's responsibilities as set forth in Section I, Subsection c.3 are amended
to read:
3. "Verify the final improvement quantities and associated costs, including
incidental expenses, which will be the subject of acquisition and provide
a certification to the City. Improvements shall include development
impact fee streets."
3. Fees as set forth in Subsections B, C, and D of Section 3 of the original
Agreement are amended to read:
.
B. "For services performed under Section l·B, the lump sum fee of
$39,500.00 per District ex~pt AD 90-3, for which there shall be the lump
sum fee of $53,687.17, payable in monthly progress payments based on
percentage of the work completed."
Bl'21Moo6t1,"","",,~1.c...11·1.91 );2~J7 (2.. II.,,) $ ~
£.øq'-''2.1
.
-"----_.__..0___..-
C. "For semces performed under Section l-C, the lump sum fee of 59,500.00
per District except AD ~3, for which there shall be the lump sum fee of
. 515,000.00 payable in monthly progress payments based on percentage of
the work completed."
D. "The cost of printing, reproduction, posting, publication, noticing,
advertising, mailil1g and postage, where provided by Engineer as described
in Section I-A-12 and 13, shall be reimbursed to Engineer at Engineer's
-- direct cost, said amounts not to exceed 53,000 per district, except AD 90-3
for which there shall be the lump sum fee of $1,312.83, based on current
hourly rates.
. For services performed after December 31, 1990, the above stated fees
shall be increased by the same percentage increase in the Consumer Price
Index, San Diego all urban consumers index, as of January 1st of each
year.
Total remuneration for Engineer for the Feasibility/Financing Plan, seven
special district and acquisition proceedings including the fully budgeted .
amount of direct expenses for printing and noticing shall not exceed
$440,000.00, not including CPI adjustments."
All other provisions of the original Agreement dated May 22, 1990 shall remain in full
force and effect except the additions or.<Ieletions set forth above.
IN WITNESS WHEREOF, the City and Engineer have executed this Agreement on
this I\.u-day of ..J~ ,1991. .
THE CITY OF CHUlA VISTA WlUDAN ASSOCIATES
r ~
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Mayor of City of Chula Vista
A=~i( f2d.af
City erk
Approved as to form by:
_]J,LL t ~~ -qsh'
{fÓ~City Attorney .,
\
oV2lUoånl~_1.c...17-1-91 /e2 ~ y;;-
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FIRST AJlBNDHENT TO AGREEMENT FOR SBRVICBS
THIS FIRST AMENDMENT TO AGREEMENT, entered into this
day of , 1992, by and between the CITY OF CHULA
VISTA, a municipal corporation (hereinafter referred to as
"CITY"), and THOMAS O. MEADE (hereinafter referred to as "Project
Manager").
WITNBSSBTH
WHEREAS, the CITY conducted an acquisition assessment district
proceedings for the EastLake Greens-Phase I, Assessment District
No. 90-3 beginning in mid-1990, and
WHEREAS, the CITY retained Project Manager to coordinate the
activities of City staff and other retained consultants during
the assessment district proceedings pursuant to the agreement
executed May 22, 1990, and
WHEREAS, the CITY's requested change in the proceedings to make
multiple acquisition payments to the developer and to add more
improvements to be acquired as a part of the proceedings will
require the expenditure of time on the part of the Project
Manager beyond that originally estimated.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
involved hereto and amend the original agreement as follows:
section 3. Subsection B of the original agreement is amended to
read: "District Proceedings: Not to exceed $15,000 each except
Assessment District No. 90-3 which shall not exceed $~9,000.
section 3. Amend the original agreement to read: "Total
remuneration for Project Manager services shall not exceed
$136,500, not including CPI adjustments.
IN WITNESS WHEREOF, CITY and Project Manager have executed this
Amendment of this day of , 1992.
THE CITY OF CHULA VISTA PROJECT MANAGER
~O~
Mayor, City of Chula Vista Thomas O. Meade
,,"rES., ~"c~(2 (2 -d. ßß
city C
Approved as to form by
city Attorney
/;¿~ ---5 /c2r-J?/ I~- 4f¿'
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AGREEMENT POR SERVICES
,
THIS AGREEMENT, entered into this 22/Ad day of M~ ,1990,
by and between .THE CITY OF CHULA VISTA, a municipal c poration
(hereinafter referred to as ·City"), and Thomas O. Meade d.b.a.
Municipal pinance Administration (hereinafter referred to as
"Project Manager").
WITNESSETH
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WHEREAS, The EastLake Development company has requested the CITY
to perform a .feasibility/financing plan and to implement findings
and recommendations made therein, for the EastLake Greens and the
balance of the EastLake development, including the proposed
Olympic Training Center, and
WHEREAS, the CITY desires to prepare the requested feasibility/
financing plan and to implement findings and recommendations
contained therein, and
.
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WHEREAS, the CITY is desirous of retaining the consultant team
which prepared previous EastLake development feasibility/financing
plans because of their familiarity with those plans and their
relevance to the proposed plan, and
WHEREAS, the CITY is desirous of retaining a Project Manager to
coordinate all activities of the staff and other retained
consultants as it relates to the preparation of the feasibility/
financing plan and the continuing implemen~ation of findings and
recommendations contained therein, and
WHEREAS, the Project Manager is ready, willing, and able to
\ provide said services.
I D ~ Jc2-3? f2-15G..,J~
-"- to '10 - ~
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NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties
~ hereto as follows.
.. MANAGEMENT SERVICES
SECTION 1. The general and continuing services throughout the
development of the feasibility/financing plan and the
implementation of findings and recommendations contained therein,
to be provided by the Project manager, at the direction of the
City Manager or his designee, shall be the following: .
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A. Feasibility/Financing Plan
1. In concert with City staff and the support
consultants retained by the City, establish a
schedule for the completion of the F/F plan.
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> 2. Monitor the progress of the F/F plan and make bi-
weekly written status reports to the City.
3. Coordinate the act~vities of City staff and support
consultants in the collection of data and the
preparation of the F/F plan preparation process.
4. Call meetings as necessary to facilitate data review
and the F/F plan preparation process.
5. Prepare and distribute meeting notes.
6. Raise policy issues and make recommendations as
.
required.
7. Review the draft F/F plan for existing public with
\ existing public facility financing plans the Growth
Management Plan, and city policy and direction.
);)-3~
- -- .._--_..._..~------_..__..
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. .--- 8. ,çoordinatet,he: revj,ew_of the draft FIF plan by City
l ,.. :staff and property owner.
9. Coordinate the review and up-dating of the FIF plan
- as required by changed ,condi tions.
---_.-. ------ . -- .,- .-
B. Implementation of Findings and Recommendations
. -.. -
·_It is anticipated' that the F IF plan will' recommend'the
'-... '. ..."."." .
- - ' '.Jormatiºn.of'~_numbe~. of -Pllblic nnancing dist~icts ,"0 be
..'", _ph~sed with _the _bal~ncE!of;" the development of ,the
- .'-: c¡¡:ëI,~tLakE!.:prQjE!c~and the :OIY1!Ipic ,TrainingÇenter. While
__ o. j
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the scope of work may vary from district to district the
following is a general description of the scope of work:
1, Basesonthe~completed F./F plan, establish a schedule
for.,thecçmpletion of each ,proceedings through the
bond sale.
(
2. Monitor the progress of the proceedings and make bi- .
weekly status reports to,the City,
3. Coordinate the activities of City staff, property
owner, and consulta'ntsworking on the proceedings.
4. Call meetings as necessary. to facilitate the review
and approval of data and documents.
5. Assist and advise City staff in the implementation of
district proceedings. .
6. Review documents and reports as required.
.
7. Attend City Council meetings as required.
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C. Acquisition Agreements
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1. Coordinate the activities of the support consultants
and the developers engineer in the preparation of the
-" list of improvements to be acquired.
2. Coordinate the preparation of the acquisition
agreement.
3. Review the private contract bidding documents for
conformance to City requirements.
4. Coordinate the review of the private bidding and .
contract award process for compliance with City
requirements.
,
SCHEDULE
(
SECTION 2. The following is the estimated schedule for the
services to be provided:
A. The feasibility/financing plan shall be commenced in
June, 1990 and be completed in August, 1990.
-
B. The first of approximately seven pUblic financing
districts shall be commenced in July, 1990 and the final
district shall be completed by December 31, 1999.
C. The commencement and completion dates as well as the
number of public financing districts contained herein may
by modified by mutual agreement of the parties hereto.
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FEES FOR SERVICES
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SECTION 3. pr(,jectmánager shalÌ be pàid' a fee based on an hourly
rate of $95.00perhouI:; plus reimbursement for all out-of -pocket
expenses outside of normal office expenses, including but not
limited to, travei, :'pdnting, Inappreparation~ aerial- photography
and related documentation reproduction. All fees will be payable
on a monthly basis upon an invoice submitted by the Project
-, ~.\:: . "C.o.':
Manager. - ..l-" ....... --
..... ~ ..- ". _.. ... ~ .. - - - ~ - ..
Fees shall be paid for management services as follows: - .
.y
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""----:::.- Feasibility/Financing Plan; not to exceed $10,000;00.
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B. District proceedïngs: Not to exceed $15,000 each.
C. Acquisition Agreements: Not to exceed $2,500 each.
D. The hourly rate of $95.00 and the maximum amount listed
-.' - in subsectións A, B,'and C above shall be adjusted
annually on July 1 beginning in 1991, by the change in
the San Diego Consumer ~rice Index from the previous
'.
July 1.
The total remuneration for project Management services shall not
exceed $132,500.ÒÖ,not including cpt adjustments.
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SERVICES BY CITY
SECTION 4. City further agrees to furnish'to project manager,-in
a timely manner, such maps, records and other documents and
proceedings, or certified copies thereof, as are available and may
be reasonably acquired by project Manager in the performance of
these services.
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CONFLICT OF INTEREST
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SECTION 5. project Manager presently has and shall acquire no
interest whatsoever in the EastLake Development, the sUbject
matter of the Agreement, direct or indirect, which would
constitute a conflict of interest or give the appearance of such
conflict. No person having any such conflict of interest shall be
employed or retained by project Manager under this Agreement.
Project Manager specifically certifies that neither Project
Manager has performed work for or on behalf of EastLake
Development Company, or its predecessor in interest. Project .
Manager specifically certifies, in addition, that no promise of .
future employment or other consideration of any kind has been made
to Project Manager or any employee, agent, or representative of
project Manager, by EastL9ke Development Company, any employee,
agent, or representative of the project manager regarding the
sUbject matter of the Agreement, or any future project in which
ì. project Manager has an interest.
TERMINATION OF AGREEMENT FOR CAUSE
SECTION 6. If, through any cause, Project Manager shall fail to
fulfill in a timely and proper manner his obligations under this
Agreement, or if project Manager shall violate any of the
covenants, agreements, or stipulations of the Agreement, City
shall have the right to terminate this Agreement by giving written
notice to Project manager of such termination and specifying the
effective dat4e thereof, at least five (5) days before the
effective date of such studies, surveys, drawings, maps, reports,
and other materials prepared by Project manager shall, at the
option of the City, become the property of City and the project
Manager 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
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of termination, not to exceed the· amou~~.s~..~ayable under Section 4,
\ hereinabove.
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. _.' TERMINATION FOR .CONVENIENCE OF CITY
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SECTION 7. City. may terminate this Agreement at anytime and for
anyreason'byg"iving written: notice to:~roject Manager of such
termination 'and specifYing :the eff.ective, date thereof '. at. least
thirty (30) days before the documents and other materials
descdbed'ÎlI $ecHon 7,,: herei.nabove"dIÞ.all, ,aþ.,t..h.e .optipn. o.f .the
City, become'Clty':s sole and exclusive pr-operty.· If tÞeAgreement -
is -terminated by City as :prov.ided ·in this paragraph, Project
Manager shall be entitled to receive just and equitable
compen·sation 'for any :satis,facto:ry .work-c.ompleted on such . documents
. .
and other materials to the effective date of. such termination.
project Manager hereby expressly waives any and all claims or
damages or claims for damages ·or compensation arising under this
Agreement except as set forth in Section 2, hereinabove, in the
event of such termination.
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ASSIGNABILITY
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SECTION 8. projeotmanager shall,not assign·any,.inter4;!st in this
Agreement, and·shall not transfer,any.interest in. the same
(whèther by assigJ:\ment ornovation),.witþout,priorwritten consent
. - "I . " - .... ,.-,.
of city: provided, however, that. this Agreement may by assigned to
. . ". ,- ." . .
a bank, trust company, or other financial institution without such
approval. Notice of such assignment or transfer shall be
furnished promptly to City. Any assignment requiring approval may
not be further assigned without City approval.
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OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
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SECTION 9. All reports, studies, information, data, statistics,
forms, designs, plans, procedures, systems, and any other
materials or properties produced under this Agreement shall be the
sole and exclusive property of the City. No such materials or
properties produced in whole or in part under this Agreement shall
be sUbject to private use, copyrights, or patent rights by Project
Manager in the United States or in any country without the express
written consent of the 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.
, INDEPENDENT CONTRACTOR
SECTION 10. City is interested only 'in the results obtained and
project Manager shall perform as an independent contractor with
sole control of the manner and means of performing the services
required under the Agreement. City maintains the right only to
reject or accept Project Manager's final work product as each
phase of this Agreement is completed. Project manager and any of
Project Manager's agents, employees, or representatives are, for
all purposes under this Agreement, and 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
entitìed, including, but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave, or other
leave benefi ts.
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SECTION 11. ci tymay. from ,time ..to ti.me require changes in' the '.
scope of ·the services by Project Manager. to be .performed under
this ~greement ,:' Suct¡ ,changes, including'anyincrease or decrease
in the amount of project Manager's compensation, shall be:.
effective,as.amendments this Agreement only when. executed in
writing by bQth parties. : .
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. .. .. .. - '-",- -: 0ci': .INDEMNITY· -" .
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SECTION l2.-Consultant shall indemnify -and hold Owner free 'and
harmless fromany.and·all"claims, losses, damages, injuries, and
liabilities arising from the death or injury of any person or
person, including employees of Consultant, or from damage.or
! destruction of any property or properties, cause by or connected
with any negligent error act or omission by Consultant, his
agents, subcontractors, employees, or servants in connection with
his services under this Agreement.
ADMINISTRATIVE CLAIMS REQUIREMENT AND PROCEDURES.
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SECTION 13. No suit shall be brought arising ~ut of this: ;,,".
agreement, against the City, .unless a claim has first bee
presented in writing and .filed with the City ofChula Vista and
acted upon by the City of Chula Vista in accordance with the
procedUres set .forth in Chapter 1.:34 of the Chula Vista Municipal
Code, the provisions of which are incorporAted by this reference
as if fully set forth herein.
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IN WITNESS WHEREOF, City a~ Project manager have executed this
Agreement on this 6Ld-."- day of ~, , 1990.
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THE CITY OF CHULA VISTA PROJECT MANAGER
K'YO'~Ci~· O~"" Vist. Jit/vZuu? ¿) ~
Thomas O. Meade
Municipal Finance Admin.
AnEST ':!:d [I (};:,£I. GI'
City Cle k
\
Approved as to form by
. (¡)]~~
~~City Attorney
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RESOLUTION NO. II" ~1:3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO AMENDED
ACQUISITION/FINANCING AGREEMENT RELATING TO
THE INSTALLATION AND FINANCING OF CERTAIN
IMPROVEMENTS AND AMENDHENT TO CERTAIN CONSUL-
TANT AGREEMENTS IN ASSESSMENT DISTRICT NO.
90-3 (EASTLAKE GREENS, PHASE I)
WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has previously
entered into '''' I\""'nðed Acquiøition/Finan"ing Agreement with
Eastlake Dev..l.....,."""L Com.,a"y as it relates to the installation and
financing of certain public improvements in a special assessment
district pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, said special assessment .
district known and designated as ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I) (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, at this time, there has been submitted an Amendment to
the previously approved Amended Acquisition/Financing Agreement,
said Amendment incorporating certain additional works of improve-
ment, which is now deemed necessary and integral to the works of
improvement proposed to be constructed under the Assessment
District; and,
WHEREAS, there has also been submitted Amendments to certain
consultant contracts, for additional services required in connection
with the additional works of improvement to be constructed.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS'
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Amendment to the Amended Acquisition/
Financing Agreement by and between the City and Bastlake Development
Company is hereby approved and the execution thereof is euthorized.
SECTION 3. That copy of said Amendment to the Amended
Acquisition/Financing Agreement ehall be kept on file in the Office
of the City Clerk and remain open for public inspection, and said
Amendment shall become a part of and incorporated into the proceed-
ings and Amended Acquisition/Financing Agreement as previously
approved by this City Council.
SECTION 4. Thst the Amendments to the consultant contracts
with Willdan Associates and Municipal Finance Administration are
hereby approved and the execution of said Amendments is hereby
authorized.
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f That of Amenclment the consultant
SECTION S. copy each to
contract. .hall be kept on file in the Office of the City Clerk, anel
saiel Amenclments shall become a part of anel incorporateel into the
original respective consultant contracts as previously approveel by
this City Council.
Presenteel by Approveel as to form by
John P. Lippitt Bruce M. Boogaarel
Public Works Director City Attorney
,
PASSED, APPROVED, anel ADOPTED by the City Oounc;l of the City
of Chula Vista, California, this day of ,
1992, by the following vote:
AYES: Councilmembersl
NOES: Councilmembers:
ABSENT, Councilmembers:
ABSTAIN: Councilmembersl
Tim Nader, Kayor
ATTEST:
Beverly A. Authelet, City Clerk
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. STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 8S.
CITY OF CHULA VISTA )
I, .Beverly A. Authelet, City Clerk· of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council
held on the day of , 1992.
P:X~I"""!+-~d this _ day of _ . ]99'..
Beverly A. Authelet, City Clerk
).:J. ''Ii
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. AMENDMENT TO AMENDED ACQUISITION/PINANCING AGREEMENT
THIS AMENDMENT is made and entered into this day of ,
199 , by and between the CITY OF CHULA VISTA, a public agency of the State of
California (hereinafter referred to as "City") and EASTLAKE DEVELOPMENT COMPANY (here-
inafter referred to as "Property OWner").
WHEREAS, City and Property OWner have previously entered into an Amended Acquisition/
Financing Agreement as it relates to the installation and financing of certain public
improvements in a special assessment district pursuant to the terms and provisions of
the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the St"te of California, said special assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "District"); and,
WHEREAS, at this time the parties are desirous to execute this Amendment to said
Amended Acquisition/Financing Agreement to modify, amend and update the extent of the .
works of improvement to be installed and acquired under these proceedings.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the previously approved Amended Acquisition/Financing Agreement
relating to the improvements to be acquired and financed through the
Assessment District is hereby amended to the particulars as set forth in
attached, referenced and incorporated Exhibit "A".
SECTION 3. All other terms, conditions and authorizations as set forth in the
amended Acquisition/Financing Agreement shall remain in full force and
effect, and this Amendment and inclusion of additional work shall, by
reference, be incorporated in and become a part of the Amended
Acquisition/Financing Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Amended
Acquisition/Financing Agreement on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
ATTEST. STATE OF CALIFORNIA
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
"PROPERTY OWNER"
:~T~LO¡¡:¡MPANY 15^Ý
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. A~IENDMENT TO EXHIBIT A
Dr-:SCRflYflON OF WO'~K
ASSESSMENT DISTRICT NO. 90-3
The general description of work to b.: funded by Ass.:ssm.:nt District 90-3 is amended to
include the following:
Street improvements consisting of grading, base, paving, curb, gutter,
sidewalk, ancillary storm drain, street lighting, and landscaping within the
following right-of-way:
Ûtay Lakes Road - frol11 Lan.: Avenue, easterly to approximately 500' east of .
Salt Creek as a transition.
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ACQUISITION AGREEMENT
EASTLAKE DEVELO!)~IENT. ASSESSMENT DISTRICT 90-3
STREET SYSTEM - DlF
l- Item # I Description I Cost I
Otay Lnkes Road
1 Grading $ 547,848
2 Storm Drain 654,877
3 Sewer 0
4 Water 0
5 Streets 1,173,007
6 Landscaping 582,615
I SUBTOTAL CONSTRUCTION I $ 2.957.4441
7 Design Engineering 222,722
8 Soils Engineering 77,715
9 Surveying & Staking 41,090
10 Inspcction 32,438
11 Landscape Architecture 34,770
12 Plan Check & Fees 16,494
13 ' Fish & Gamc Permit 270
14 Improven1l:nt Security 19,676
SUBTOTAL INCIDENTALS 445.175
I TOTAL AMENDED AMOUNT I $ 3.402.619 I
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I':tRST UB1IDHEHT TO AGRBBJIBHT I'OR SBRnCES
THIS FIRST AMENDMENT TO AGREEMENT, entered into this
day of a municipal , 1992, by and between the CITY OF CHULA
VISTA, corporation (hereinafter referred to as
"CITY"), and THOMAS O. MEADE (hereinafter referred to as "Project
Manager").
W:I'1'HBSSBTH
WHEREAS , the CITY conducted an acquisition assessment district
proceedings for the EastLake Greens-Phase I, Assessment District
Ho. 90-3 beginning in mid-1990, and
WHEREAS, the C:ITY retained Project Manager to coordinate the .
activities of City staff and other retained consultants during
the assessment district proceedings pursuant to the agreement
executed May 22, 1990, and
WHEREAS, the CITY's requested change in the proceedings to make
multiple acquisition payments to the developer and to add more
improvements to be acquired as a part of the proceedings will
require the expenditure of time on the part of the Project
Manager beyond that originally estimated.
NOW, THEREFORE, :IT IS MUTUALLY AGREED by and between the parties
involved hereto to amend the original agreement as follows:
section 1. section 38 of the original agreement is amended to
read: "District Proceedings: Not to exceed $15,000 each except
Assessment District No. 90-3 which shall not exceed $19,000.
IN WITNESS WHEREOF, CITY and Project Manager have executed this
Amendment on this day of , 1992.
THE CITY OF CHULA VISTA PROJECT MANAGER
~O.~
Mayor, City of Cbula Vista Thomas O. Meade
ATTEST:
City Clerk
Approved as to form by
City Attorney
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SECOND AMENDMENT TO
AGREEMENT FOR SERVICES
'.
This Second Amendment to Agreement is entered into this _ day of ,
1992, by and between the City of Chula Vista (hereinafter referred to as "City") and
WiIIdan Associates, a California Corporation (hereinafter referred to as "Engineer");
--
WITNESSE1H
WHEREAS, on May 22, 1990, pursuant to Resolution No. 15624, the City and Engineer
entered into an Agreement for consultant engineering services to perform a feasibility
and financing plan and to implement findings and recommendations regarding the
EastLake Greens and the balance of the EastLake development, including the proposed
Olympic Training Cen(er; and
WHEREAS, the City has requested Engineer to perform additional tasks and gather
additional information relative to completion of Assessment District 90-3. Such ,
additions will require an amended Scope of Services; and
WHEREAS, City is desirous of having Engineer complete the additional tasks within
the Scope of Services of this amended agreement which are necessary to accomplish
Assessment District 90-3.
NOW, TIIEREFORE, IT IS HEREBY MUTUAlLY AGREED by and between the
parties hereto that the original agreement is amended as follows:
-
1. Engineer's responsibilities as set forth in Section I, Subsection B.2 are amended
to read:
2. "In consultation with City staff, property owners, and other consultants,
using the feasibility report as a guide, determine the improvements to be
financed by the assessment process. Improvements shall include
additional development impact fee streets."
2. Engineer's responsibilities as set forth in Section I, Subsection C.3 are amended
to read:
3. 'Verify the final improvement quantities and associated costs, including
incidental expenses, which will be the subject of acquisition and provide
a certification to the City. Improvements shall include additional
development impact fee streets."
3. Fees as set forth in Subsections B, C, and D of Section 3 of the original
Agreement are amended to read:
B. "For services performed under Section 1-B, the lump sum fee of
$39,500.00 per District except AD 90-3, for which there shall be the lump
sum fee of $68,187.17, payable in monthly progress payments based on
percentage of the work completed."
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C. "For services performed under Section I,C, the lump sum fee of $9,500.00
per District except AD 90-3, for which there shall be the lump sum fee of
, $29,500, payable in monthly progress payments based on percentage of
the work completed."
D. '''The cost of printing, reproduction, posting, publication, noticing,
advertising, mailing and postage, where provided by Engineer as described
_. in Section l-A-12 and 13, shall be reimbursed to Engineer at Engineer's
direct cost, said amounts not to exceed $3,000 per district, except AD 90-3
for which there shall be the lump sum fee of $1,312.83, based on current
hourly rates.
For services performed after December 31, 1990, the. :;'"we stated fees
shall be increased by the same percentage increase in the Consumer Price
Index, San Diego all urban consumers index, as of January 1st of each
year.
Total remuneration for Engineer for the Feasibility ¡Financing Plan, seven
special district and acquisition proceedings including the fully budgeted
amount of direct expenses for printing and noticing shall not exceed
$469,000, not including CPI adjustments."
AIl other provisions of the original Agreement dated May 22, 1990 shall remain in full
force and effect except the additions or deletions set forth above.
IN WTINESS WHEREOF, the City and Engineer have executed this Agreement on
this day of ,1992.
THE CITY OF CHULA VISTA WILLDAN ASSOCIA 1ES
Mayor of City of Chula Vista
ATIEST
City Clerk
Approved as to form by:
City Attorney
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1 AGREEMENT FOR SERVICES
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. . -.::'~' , _.' '';- - - .. - - . ~ ..;.. - - '- .... -'
~ ,.. .' c,~~cA~'~E;~~: ";~t:r~~' ~;~'thiS ~ ~~y of
, 1990, by and
between the CITY OF CHULA VISTA,' å municipal corporatio (hereinafter referred
to. as "City"), and WILl.DAN ASSOCIA1ES (hereinafter refe ed to as "Engineer").
WITNRSSETH: -.-----.--- -----.
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WHEREAS, the EastLake I?evelopment Company has requested the CITY to
perform a feasibility/financing plan and to implement findings and recommendations
made therein, for the EastLake Greens and the balance of the EastLake development,
including the pro~sed Olympic Training Center, and
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'--- --wHEREAS, effie-CITY desires to prepare the requested feasibility/financing
plan and to implement findings and recommendations contained therein, and
WHEREAS, the CITY is desirous of retaining the consultant team that
prepared previous EastLake development feasibility/financing plans because of the
team's familiarity with those plans and their relevance to the proposed plan, and
-_.-
WHEREAS, Engineer is experienced and familiar with all aspects of Ïnfrastruc-
, ture feasibility analysis and implementation methods, and is trained and staffed for
\
municipal consulting, and is willing and capable of performing said functions.
NOW, lHEREFORE, IT IS HEREBY MUTUAlLY AGREED by and
between the parties hereto as follows:
SCOPE OF SERVICES
SEcnON 1
Under the direction of the City Manager or his designated representative, Engineer
shaIl perform the following services:
A, FEASmILITY AND FINANCING PLAN
, The subject of the feasibility report will be the financing of various public
infrastructure improvements associated with the buildout of EastLake Develop-
ment Properties. The purpose of the report will be to analyze and recommend
appropriate financing mechanisms for the public facilities associated with the
development The report will provide sufficient information to the property
'. CHuß-1.b6~;~
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owners to enable them to make a determination as to the desirability of
( financing the proposed improvements by means of the various financing
proceedings to be analyzed. The study will also enable the City to make a
determination as to the financial feasibility or advisability of such financings.
The specific Scope of Work which will accomplish the intended purpose will
consist of the following:
1. Collect available land use information, tentative maps, conditions of
approval, various public facility studies, preliminary or final engineering
plans, and cost estimates for the subject property, as well as similar
available information for surrounding properties that may be affected or
included.
2. Provide a description of each improvement to be included in the
financing plan. Descriptions are to be based on final or preliminary
engineering plans provided by the developer and shall be of sufficient
detail to allow preliminary cost estimates to be performed.
.
3. Prepare an estimated annual rate and location of development for each
land use consistent with City regulations, adopted Public Facility
Financing Plans and the Growth Management Plan.
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4. In conjunction with the design engineer, analyze cost estimates for each
proposed facility, as well as estimates for financing costs.
5. Prepare a map for each proposed facility or type of facility which shows .
its utilization or benefit areas.
6. Develop a preliminary spread methodology or allocation of costs to each
property on the basis of benefit received by that property for the
proposed improvements.
7. Provide a preliminary assessment for each parcel or similar group of
parcels.
8. Analyze each facility's area of benefit in conjunction with individual
assessments, as well as any other mitigating factors to determine the
appropriate financing method to be used for the facility. Financing
methods to be considered shall include, but not necessarily be limited to:
1913/1915 Act Assessment District, Mello-Roos Community Facilities
I Act, Impact Fees, and Reimbursement Agreements.
2 CHUlAV-1.CON:js
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9. -.. 0 - Provide above information to financial consultant for the purpose of
( -'" '. : preparing a :preliuúnaryvalue :to lien raûoanalysis.·.,'~ :. , ....,..
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10.:';' Analyze the projected ,tax rateiinpact reSulting from the use- of public
debt financing of infrastructure.
_ ._ r" ..--- . --~." ....
11. . Prepare and deliver 20 copies of the feasibility and financing plan which
incorporates the above informaûon in a manner which will enable the
property owner, as well "as.thcdCityto make a decision as to the
feasibility and adviSability .of utilizing 1he.various:available financing
methods.- ._.._ _'-.:__n..__.:. _.' .,._.:._ '.' .- .-.- -
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12. Meet with the property owners, their engineers, other consultants, and
the City staff throughout the preparaûon of the preliminary report and .
present the completed report to City staff fOT review.
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B. IMPLEMENTATION OF FINDINGS AND RECOMMENDATIONS
.
It is aIiticipatedthattheFeasibility and Financing Plan will reco=end the
formation' of a number of public financing districts to be phased with the
, balance of the development of the EastLake project and the Olympic Training
Center. The following Scope of Work assumes that 1913/1915 Assessment
Districts will be utilized to fund the improvements underconsideraûon. If a
Co=unity Facilities District is pursued rather than an Assessment District, a
Special Tax Report will be prepared iristead of an Engineer's Report.
1. In consultation with City staff, property owners, and other consultants,
using the feasibility report as a guide, determine a boundary for the
proposed assessment district.
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2. In consultation with City staff, property owners and other consultants,
using the feasibility report as a guide, determine the improvements to be
financed by the assessment process. .-
3. Provide legal descriptions for each parcel within the boundaries of the
proposed Assessment District consistent with the Assessroent District
Acts to be used. uO
4. Obtain the proper addresses of owners and prepare a: mailing list for
required mailings. The mailing list shall be alphabetical and cross-
\ indexed to aSsessor's parcel numbers which shall list parcels sequentially,
3 _ CHULA V-l.CON:js
).) ~l/í'
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5. Prepare an Assessment District boundary map.
f 6. Verify the quantities and cost estimate provided by the developer for the
facilities to be constructed with the funds received through the assess-
ment process.
7. Determine the assessment methodology to be used in accordance with
the applicable provisions of State law.
8. Appomon the costs of the facilities in the form of special assessments to
be levied upon the parcels of land within the District using the assess-
ment methodology determined above.
9. Meet and consult with the property owners, as necessary, during the
.
assessment spread process to ensure that those persons have a clear
understanding of the method of assessment spread prior to public
hearings.
10. Prepare and deliver 15 copies of the preliminary engineer's report to
include assessments upon and against the parcels in the District for the
total amount of estimated costs and expenses of such work in propomon
to the estimated benefits to be received for each of the parcels within the
District
11. Prepare the assessment diagrams, assessment roll warrants, and notices
for m..iling.
12. Prepare the notices of public hearing.
@ Contract for printing of the improvement notices and posting of the
improvement notices throughout the District as required by law.
14. Attend all public hearings required by law for establishment of the
assessment district.
15. Answer property owners questions before, during and after the public
hearing.
16. Upon completion of the public hearings on the assessment spread make
such revisions to the spread as are ordered by the City Council.
I
4 CHUlA V-l.CON:js
/~~SO
.----...---- _______.. ~_. .__.__ ,_,_____'.n.__'_.'.'__.nn _..
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( (0
17. Based on . actual orbidcorntroction costs and City Council direction,
( prepare and deliver 15 copies of the final engineer's report of the
assessmentSandåssistiri filingaIid recotdingof the engineer's report as
required by the AsseSsment District ProceedÜlgs Law. -",
n. ._.,".
18. Upon confirmation of assessments, prepare and mail notice of assess-
ments asrequireã to all asse~sed propèrty owners. "
" .. ..
.' , ,,,
.., . ~- .... .'.., ."" .....,
c. AcomsmoNsERVICES', - .... .·..t'·-· ·.t.. "' - ,-.. .,. .
'" .
-. - - .. '- . . ,~ ~ .' - ,.
It is probable thatthe procedure-ûsed to construct the proposed improvements
would result in an acquisition type district. Therefore, the improvements will
be constluctéd using private funding and acquired by the City ùsingthe.1913
Act proceedings and 1915 Act bonds. FolloWing is a Scope of Work for the
engineering items necessary in the proceedings. . . ..
..
1. , Prepare a list of quantities and unit prices based on bids received by the
private party for the works' of improvement .~ '0 - .. n ".
. .. .
.-..... .... . '..'u ......_ .... ", .,- --
.-.' .--. -.-"
2. Review all agi-eements between the City and the property owners
I. includiIig the acquisitionägreement.
.-- .
3. Verify the final improvement quantities and associated costs, including
incidental expenses; which will be thè subject of acquisition and provide
a certification to the City.
~ 4. Observe all bid openings for compliance with City requirements.
.. ......
;:;y, ":C,-t";i"'ìf} 1 SCHEDULE'OFWORK ..,1-<.
SECTION 2 ',' ,~"- ,. " .'. : :" : ~ : ~-: - -', , ,c'J," - " <-
The folloWing is the estimated schedule for the services to be provided:
A The feasibility/financing plan shall be commenced in June, 1990 and be
completed in August, 1990.
B. The first of approximately seven public financing districts shall be
commenced in July, 1990 and the final district shall be completed by
\ December 31,1999.
5 CHULA V-1.CON:js
/2 -SJ
_.__.~---~----_.~.- -
-
( (,
17. Based on-actual ötbid conStruction ccistsand City Council direction,
( prepare and deliver 15 copies of the final engineer's report of the
assessmeiltsand åssist hi filing and recordingof the engineer's report as
required by the Assessment District Proceedings Law.' ....
n. ._. .
, "
18. Upon confirmation of assessments, prepare and mail notice of assess-
mentsasrequired to' all asse.ssed property owners. ". "
. ... - -.. .. . .. "..,.
. ,
. ~. . .~., '. . ."..
C. AcomsmoNsERVICES " -.'" .-.- .. -. .. ,
-. - .. .. _ t...· .J, .
., ....",
-. - - ~. '-' .', ~ _. .' .-- " , "
It is probable thàtthë pfócedureused to construct the proposed improvements
would result in an acquisition type district. Therefore, the improvements will
be constructed using private funding and acquired by the City using the 1913
Act proceedings and 1915 Act bonds. 'Following is a Scope of Work for the
engineering item necessary in the proceedings. . '
1. . Prepare a list of quantities and unit prices based on bids received by the
private party forthè works of improvement: ~,~ ' -. '..
..., -,"
- .,
"'_ , :":- ~. .. ,..: F ",.'-- ........- '.. ...
2. Review all agÍ"eementsbetweenthe City and the property owners
I, including'the acquisitionãgreemeilt
..- .
3. Verify the final improvement quantities and associated costs, including
incidental expenses;' which will be the subject of acquisition and provide
a certification to the City.
;:::... 4. Observe all bid openings for compliance with City requirements.
- ..-..
:;Y;:l·,,"1f', ; SCHEDULE'OFWORK ; :. ~ . '-'(..":' cO ~,
SECTION ~ '" . .. ," . : :~: ',;"" " - ....
The following is the estimated schedule for the services to be provided:
A The feasibility/financing plan shall be commenced in June, 1990 and be
completed in Augus,t, 1990.
B. The first of approximately seven public financing districts shall be
commenced in July, 1990 and the final district shall be completed by
\ December 31, 1999.
5 CHULA V-1.CON:js
/2-~J
-_.,-_.,-----_.__..._._-~--._.__._.
( (
C. The commencement and completion dates contained herein may be
modified by mutual agreement of the parties hereto.
fE;E FOR SGRVIC~
SECTION 3
Engineer shall perform the services as set forth in Section 1 as follows:
A. For services performed under Section I-A, the lump sum fee of $58,000.00,
payable in monthly progress payments based on percentage of the work
completed.
B. For services performed under Section 1-B, the lump sum fee of $39,500.00 PFr .
district, payable in monthly progress payments based on percentage of the work
completed.
c. For services performed under Section 1-e, the lump sum fee of $9,500.00,
payable in monthly progress payments based on percentage of the work
completed.
D. The cost of printing, reproduction, posting, publication, noticing, advertising,
mailing and postage, where provided by Engineer as descnl>ed in Section 1-A-12/
and 13, shall be reimbursed to Engineer at Engineer's direct cost, said amounts
not to exceed $3,000 per district based on current hourly rates (see Exhibit A
for hourly rates). -~.
For services performed after December 31,1990, the above stated fees shall be
increased by the same percentage increase in the Consumer Price Index, San
Diego all urban consumers index, as of January 1st of each year.
Total remuneration for Engineer for the Feasibility/Financing Plan, seven
special district and acquisition proceedings including the fully budgeted amount
of direct expenses-for printing and noticing shall not exceed $422,000.00, not
including CPI adjustments.
\
6 CHULA V-1.CON:js
/ .;¿ ~_5d-
..__...,~~.,._-_.._._.,_..,_..-
-
{ (
- SERVICES BY CITY
. ..-.
.. -" -
SECTION 4
City agrees to furnish to Engin~ii,~¿JŸ-mani;~r, such maps, records and other
documents and proceedings, or certified copies thereof, as are available and may be
.reasonably required by Engineer in the performance of these services.
._. - .i:. "'. ,-.. .;"
.. ... ..' .-. -. - . --.-
.. CONFLIcr OF INTEREST
.,
SECTION,S " .d ~. " l);;":-;- .:"::' , , !'.
.
Engineer presently has and shall acquire no interest whatsoever in the subject matter .
öf thisAgreeIIÏent,direcforindirect, '~hich would conStitute a conflict of interest or
give the appearance Ofsucn conflict. 'No person 'having ány such conflict of interest
shall be employed or retained by Engineer under this Agreement.
", . . - .." ",' ~
...... "'. ,''''.-.'. - ...
TERMINATION OF AGREEMENT FOR CAUSE
SECTION 6
If, through any cause, Engineer shäIl fail to fulfill în II tiinely and proper riÚumer his
obligationslinder this Agreement, or ìfEngineer shall violate any of the covenants,
agreements, or stipulations of the Agreement, City shall have the right to terminate this
Agreement by giving written notice to Sngineer 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, studies, surveys,
drawings, maps, reports, and other materials prepared by Engineer shall, at the option
of City,becóme the property ofCit)' arid Engineer" shill 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, nof to exceed the
amounts payable'11nder SéctioIl3, hereinabove. " ' "
. ""-
The use by City of any unfinished documents, data, studies, surveys, drawings, maps,
reports or other materials shall be at City's sole risk and City shall hold harmless and
indemnify Engineer from any suit, loss, cost of defense, or liability resulting therefrom.
\
7 CHULA V-1.CON:js
-- /.;¿ ~.ç;;
-- ----,------_.__.._~.------
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TERMINATION FOR CONVENIENCE OF CITY
I SECTION 7
City may terminate the Agreement at any time and for any reason by giving written
notice to Engineer of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all
finished and nnfini.òed documents and other materials described in Section 6,
hereinabove, shaIl, at the option of the City, become City's sole and exclusive property.
If the Agreement is terminated by the City as provided in this paragraph, Engineer
shall be enûtled to receive just and equitable compensaûonfor any satisfactory work
completed on such documents and other materials to the effective date of such
terminaûon. Engineer hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth in Section 3,
hereinabove, in the event of such termination. The use by City of any unfinished
documents, data, studies, surveys, drawings, maps, reports or other materials shall be
at City's sole risk and City shall hold harmless and indemnify Engineer from any suit,
loss, cost of defense, or liability resulting therefrom.
ASSIGNABILITY
SECTION 8
Engineer 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; provided, however, that claims for money due or to become due to Engineer
from City under this Agreement may De assigned to a bank, trust company, or other
financial institution without such approval. Noûce of such assignment or transfer shall
be furnished promptly to City. Any assignment requiring approval may not be further
assigned without City approval.
OWNERSIDP. PUBLICATION. REPRODUCTION AND USE OF MATERIAL
SECTION 9
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems, and any other materials or properties produced under this Agreement
(collectively "instruments of service") shall be the sole and exclusive property of the
City. No such materials or properties produced in whole or in part under this
t. Agreement shall be subject to private use, copyrights, or patent right by Engineer in
8 CHULA Y-l.CON:js
/.2 -57
.'.. .._·...___._..,__~.____._'u__.
( (
. .
the United States 91: in. ¡g¡yçol!ntry ~tho1Jt the express written consent of the City.
City shall have unrestricted authority to publish, disclose (as may be limited by the
, p!.ovì~iCins ç,f the Public Records Act), distribute, and otherwise, use, copyright or
patent, in whole or in part, any such reports, studies, data, statistiC$, forms or other
materials.or:.propertiesproduced under: this Agreement.. Any. reuse of any such
instruments of. service on any other project :without the prior written consent of
Engineer:s~all beat City's Jioleriskand City shall bold .harmJess and indemnify
Engineer :fromany ~it,loss,'cost:of defehse,or liability resulting therefrom.
.-. ....-- . ..- ,..... :. ;" " :.'-- ..::. --..;.
.... . -.' . -- ~ ,-. -~..
. . . - . -,'- -.
. - .. ..
. '-.- '-.. '·_..i_. ,-. ...._ ....,. _.'. . .
INpEPENDENT CONTRACTOR
.. ,-- ""-'-' ~ ~'.~. \. . -- ~ -.- :'.
"-'~ . .. - -~.. .:.-'.-.,
SECTION 10::::~ .·.c. '.
'.. .... . P.. . ~ ___ ...... .-... .... . q- . "0. ....... ,--
_. _.... __ _r h_,.... é.;--:':';" ...::....-: ...;::; C:,~'_'~"~,:q ':::;'::ê: "',' '_'-'
_.-.. .......
City is interested only in the results obtained, ánd Engineer shall perform as an
independent contractor withsele control of the manner and means of perfonning the
services I:equired under the Agreement. . City maintains the right only to reject. or
accept Engineer's final work product as each phase of this Agreement is completed.
Engineer and any of Engineer's agents, employees, or representatives are, for all
purposes under this 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.
",,- ::-,"( .... .:. ,~ ' . . ,'-
'-
.CHANGES <.
SECTION 11 .'
_.
- . "^.,
City may, from time to time, require changes in the scope of services by Engineer to
be performed under this Agreement. Such changes, including any increase or decrease
in the amount of Engineer's compensation, which are mutually agreed upon by City
and Engineer, shall be effective only when executed in writing by both parties as
8JI endments tothis agreement.
INSURANCE
SECTION 12
Engineer shall maintain, during the term of this Agreement, the following insurance
\ with companies and on terms satisfactory to City.
9 CHULA V-1.CON:js
/.2 -S~
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-
-
( (
A Worker's Compensation and Employer's Liability Insurance as prescribed by
( applicable law.
B. Comprehensive General Liability Insurance (bodily injury and property damage)
in the amount of $1,000,000 occurrence and annual aggregate.
C. Automobile bodily injury and property damage liability insurance, the limits of
which shall not be less than $1,000,000 per occurrence.
D. City shall be named as an additional insured on each of the above policies.
E. Design professional liability insurance covering negligent act, errors, or .
omissions of Engineer, the limits of which shall not be less than One Million
Dollars ($1,000,000) combined single limit per Occurrence and aggregate.
F. Before commencing work hereunder, Engineer shall provide City with
certificates or other documentary evidence of the above insurance.
. INDEMNIFICATION
SECTION 13
,
i Engineer agrees to save, keep, and hold harmless the City of Chula Vista from all
damages, costs, or expenses in law and equity including costs of suit and expenses for
legal services that may at any time arise or be set up because of damage to property
or injury to persons received or suffered by reason of the operation of Engineer which
may be occasioned by any negligent. error, act or omission or intentional tortious
conduct by Engineer, his agents, subcontractors, employees, or servants in connection
with his services under this agreement.
No suit shall be brought arising out of this agreement, against the City, unless a claim
has first been presented in writing and filed with the City of Chula Vista and acted
upon by the City of Chula Vista in accordance with the procedures set forth in Chapter
1.34 of the ChuIa Vista Municipal Code, the provisions of which are incorporated by
this reference as if fully set forth herein.
t
10 Þ CHULA V-1.CON:js
/.2 ~~
~-,_._.._~---_._-_._-_.
-
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, ' (
IN ~ESS REOF, City and Engineer have executed this Agreement
.- on this~ ay of .1990.
i . . "".-.
TIlE CITY OF.CHUIAVISTA . . WILlDAN ASSOCIATES
. '. .,....; ~__ n_ ...".' ....._ . ~ .
"
..-. "--'.' .... . - " ..' .
., ..
.'"
. _ ,...
ATrfSr 'fI~¡flðltß¡ti-; ........ .... .---_. "...' <
.,
. City erk" "u "
....-.- "-"'-
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.-.". . .. ,
. '-', . .. .
..
Approved as to form by:
. . .-.
..
___c,;."'~ .~_,-,~' m_.~-__'.
- Þ ¡lJLLGtß cj/¡/?'
!
~. City Attorney
. .-. .. ~ ! .. .
., ,..
~ .
'-- -.-
'. .~ . jr-..; ,...." '~':-C:'
" ,,- . '>:- ;. ',; ~ ~.. ," ~ . "
'.
:'(. i . ___...., J. ','
-, . .' .
;'_, í .''"'¡.~ \,7::,:·, ' ~ \ '-. ; '. :. .' ...... . . ,., ,
. ..
-
.
\
11, CHULAV-1.CON:js
/02 -5?
.- . .
-
LAnJ..DJ.! 1\
. ~/ULE OF FEES FOR PROFESS!" íAL SERVICES
August 1, 1989 . June 30, 1990
I FEE RATE
ClASSIFICATION fER HOUR
Principal Engineer . . . . . . . . . , . . . . . . . . . . . $11 0.00
Division Manager ................................. 100.00
Supervising Engineer ................... 90.00
Senior Engineer .................................. 82.00
Associate Engineer. . . . . . . . . . . . . . . . . . . . 73.00
Senior Designer . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . . .. 68.00
Senior Public Works Observer . . . . . . . . . . . . . 62.00
Senior Design Engineer ................ . 59.00
. Senior Drafter .. . . . .. . .. .. . .. . .. .. . .. .. .. .. .. . .. .. . 57.00
Associate Transportation Planner ........... 68.00
Assistant Transportation Planner ................. . 57.00 .
Design Engineer . . . . . . . . . . . . . . . . . . . . . . 55.00
Designer (CADD) . . . . . . . . . . . . . . . . . . . . . 68.00
Designer ............................................. 52.00
Public Works Observer . . . . . . . . . . . . . . . . . . 52.00
Drafter (CADD) . " . . . . . . . . . . . . . . . . . . . . 52.00
Drafter ........................................... 45.00
Junior Drafter (Technical Aide) . . . . . . . . . . . . 38.00
Senior Real Property Agent .. .. .. .. .. .. .. . . .. . .. .. .. 90.00
Real Property Agent ................... 75.00
Assistant Real Property Agent . . . . . . . . . . . . . 62.00
Survey - Supemsor .. .. .. . .. . . .. .. . .. . .. . . . .. . .. 85.00
Two-Man Field Party . . . . . . . . . . . . . . . . . . . 140.00
Word Processing ...............-.................. .. 35.00
Comm. Development Srves Coordinator . . . . . . . 82.00
Special Districts Analyst II ,.............. 62.00
Special Districts Analyst I . . . . . . . . . . . . . . . . 52.00
Building Plan Check Engineer ............. 73.00
Building Plans Examiner . . . . . . . . . . . . . . . . . 63.00
Supvr, Building Inspection . . . . . . . . . . . . . . . . 66.00
Building Iqspector e......................................... 56.00
Sr. Pennit Specialist .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 51.00
Permit Specialist .......'.... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 40.00 ,
The above schedule is for straight time. Overtime will be charged at 1.25 times the
standard hourly rates. Sundays and holidays will be charged at 1.70 times the
standard hourly rates.
Additional billing classifications may be added to the above listing during the year
as new positions are created.
It should be noted that the foregoing wage rates are effective through June 30, 1990.
I The rates may be adjusted after that date to compensate for labor adjustments and
other increases in labor costs.
/c2~~zr ~-
, ¡'
- -~
-- ---_.,_._--,.~--- -----~
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 2/4/92
ITEM TITLE: Resolution I~ 4Go Amending contract with Robert Bein,
Wi 11 i am Frost and Associ ates, Incorporated in connect i on with
the improvement of Broadway between "l" Street and Naples
Street in the City of Chula Vista, California
SUBMITTED BY: Director of Public workif~
REVIEWED BY: City Manage~ (4/5ths Vote: Yes___No-K-)
V
City Council by Resolution 15953 on December 20, 1990, approved an agreement
between the City of Chula Vista and Robert Bein, William Frost and Associates
for design engineering services for Broadway improvements between "l" Street
and Naples Street.
During project review, both staff and consultants discovered that the existing
drainage system between "l" Street and Naples Street is severely undersized.
Resolving this deficiency will require an additional 1,200 linear feet of
underground storm drain. The location of this system necessitates that it
should be designed and constructed in conjunction with the reconstruction of
Broadway from "l" Street to Napl es Street.
RECOMMENDATION: That Council approve the first amendment to the original
contract and authorize an increase of $22,390.00 to the original fee.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Broadway between "L" and Naples falls within the Harborside sub-basin which is
tributary to the Telegraph Canyon channel. Flow starts from Fifth Avenue, via
an open channel, then enters a double 48" Corrugated Metal Pipe, then a double
54" Rei nforced Concrete Pi pe (RCP) and then cont i nues in a double 60" RCP
westerly to Broadway. At the easterly curb line of Broadway only one 60" pipe
continues northerly on Broadway to Moss and finally connecting with the
Telegraph Canyon Channel near the intersection of Moss and Colorado.
The existing single 60" RCP in Broadway was constructed by the County of San
Diego in 1979 based on a design storm event of 5 years. The existing 54" and
48" upstream drainage system beyond the single 60" RCP has sufficient capacity
to handle a 50-year storm event flow.
City Counc il Pol icy No. 522-01 requires 1 ateral channels to be des i gned to
discharge a 10-year storm without static head at entrances and a 50-year
ultimate storm utilizing available head without causing substantial damage to
surrounding property. The existing single 60" RCP in Broadway does not meet
either criteria.
\~"l
... .~_.__. ..--- ---------- ... ..._ .u "_.._.__',... ~-,--_._,-_.
Page 2, Item 13
Meeting Date 2/4/92
A hydraulic analysis was done to determine the extent of local flooding which
mi ght be caused by both 10 year and 50 year event flows in the existing
system. The anal ys is i nd i cated that 1 oca 1 fl oodi ng will be experi enced even
for a 10-year event. This flooding will likely occur at the sump location on
Broadway southerly of Crested Butte and at the westerly end of Moss near the
intersect i on wi th Colorado Avenue. This is due to the fact that the single
60" RCP in Broadway is acting like a bottleneck for the system.
Staff studied the option to upgrade the drainage system now along with the
reconstruction of Broadway as opposed to upgrading the system at some time in
the future. The negative impacts for the option to upgrade the storm drain
system in the future, after completion of the reconstruction of Broadway, is.
the need to re-trench 50% of the length of Broadway between "L" and Naples in
addition to the flooding risk if a major 50-year flood materialized within the
next few years. Based on the above, City staff recommends that an additional
60" RCP storm drain be included in the project reconstructing Broadway between
"L" Street and Naples Street.
The storm drain system upgrade will increase the project construction costs by
$358,000.00. The additional funding is included in the CIP submittal for FY
1992-93 with Gas Tax as the funding source.
Staff has reviewed the fee proposal and amendments to the proposed schedul e
for the project and recommends that the exi st i ng contract with Robert Bei n,
William Frost and Associates to design Broadway improvements from "L" Street
to Naples Street be amended to include the addi t i ona 1 engineering design
services required for a not-to-exceed fee of $22,390.
The current agreement with Robert Bei n, Wi 11 i am Frost Associ ates authori zed
the City to make changes in the scope of services that the consultant is to
perform under the agreement. Such changes including any increase or decrease
in the amount of the consultant shall be effective as amendments to this
agreement only when in writing. Staff is recommending that Council authorize
the change in the agreement with Robert Bein, William Frost Associates which
involves hydraulic study and analysis, final engineering services for the
preparation of construction plans and profil e, geotechnical services,
construction staking and final specifications and cost estimates.
FISCAL IMPACT: The original contract with Robert Bein, William Frost and
Associates was for $145,570.00. The contract modification requested in this
report will increase the consultant fees by an additional not-to-exceed amount
of $22,390.00. Adequate funds are available in the budgeted Capital
Improvement Project of Broadway between "L" Street to Naples Street.
MC:fp/AX-079
WPC 5864E
\ ~.. 2.1'~ ...3
- - -.,.~.",--.-....._.-.-.--,-,---..--,-------.---.....-
I
i MfMºRAti12!lM
January 21, 1992
File: AX-079
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director Finance
Beverly Authelet, City Clerk
FROM: John Lippitt, Director of Public Works ~
SUBJECT: Resolution Amending contract with Robert Bein, William Frost and
Associates, Incorporated in connection with the improvement of
Broadway between "L" Street and Naples Street in the City of Chul a
Vista, California
Funds Required $22,390.00
Funds Available (250-2501-STI02) 22,390.00
WPC 5865E
\~~.;
u. ~.~....._"._., ._..._._.. .. ~.,_._ ,_. '_"'__' ____
RESOLUTION NO.~ ~ l./qo
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CONTRACT WITH ROBERT
BEIN, WILLIAM FROST AND ASSOCIATES,
INCORPORATED IN CONNECTION WITH THE
IMPROVEMENT OF BROADWAY BETWEEN "L" STREET AND
NAPLES STREET IN THE CITY OF CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on December 20, 1990, the city Council by
Resolution 15953 approved an agreement between the City of Chula
vista and Robert Bein, William Frost and Associates for design
engineering services for Broadway improvements between "L" Street
and Naples Street; and
WHEREAS, during project review, both staff and
consultants discovered that the existing drainage system between
"L" Street and Naples Street is severely undersized; and
WHEREAS, resolving this deficiency will require an
additional 1,200 linear feet of underground storm drain; and
WHEREAS, the location of this system necessitates that it
should be designed and constructed in conjunction with the
reconstruction of Broadway from "L" Street to Naples Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the First Amendment to
Agreement for Design Engineering Services between the City of Chula
Vista and Robert Bein, William Frost and Associates, Incorporated,
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
amendment for and on behalf of the city.
Presented by orm by
John P. Lippitt, Director of
Public Works
C:\RS\RBF 1st Amend
\-;,4
- --_..._"_._,._,...._..__....,."..----.-.--~- - -----~...
I ~ _.
i
.
. FIRST AMENDMENT TO
AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN CITY OF
CHULA VISTA AND ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES, INCORPORATED
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this
day of , 1992, by and between the CITY OF
CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred
to as "City," and ROBERT BEIN, WILLIAM FROST AND ASSOCIATES,
INCORPORATED, a California corporation hereinafter referred to as
"Consultant," whose address is 71 North Fourth Avenue, Chula Vista,
California, 91910-1099, for professional engineering services in
connection with city of Chula vista Broadway improvements between
L Street and Naples Street, hereinafter referred to as "the
proj ect" .
RECITALS
A. WHEREAS, on December 20, 1990, by Council Resolution #15953,
an agreement to provide engineering design services was
entered into between the city and the Consultant for the
design of street improvements of Broadway between L Street and
Naples Street.
B. WHEREAS, certain unanticipated events have arisen during the
course of performing said agreement, outside the original
scope of work contained in said agreement.
C. WHEREAS, the City Engineer has determined that an additional
underground storm drain between the Telegraph Canyon Creek
Channel and the Project Station 31+50 must be designed and
constructed in conjunction with the reconstruction of Broadway
from "L" street to Naples street.
D. WHEREAS, section 2d of the original agreement requires that
any changes to the scope of work to be performed by the
Consultant shall be mutually agreed upon by the City and
Consultant.
E. WHEREAS, the City desires to proceed in a timely manner with
the construction of this project and lacks sufficient
resources ~o design the project in a timely manner.
F. WHEREAS, the Consultant represents that it is qualified, it
has personnel and facilities available necessary to accomplish
the work within the required time, and Consultant desires to
undertake the same.
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WITNESSETH THAT, in consideration of the recitals and mutual
obligations of the duties as herein expressed, City and Consultant
agree as follows:
I. Exhibit A, scope of work for the existing agreement with
-- Robert Bein, William Frost and Associates, Incorporated
approved December 20, 1991, is amended to include the
following additions:
Add the following to the Final Design section:
ADD FOLLOWING PARAGRAPH E.
"E. I. The Consultant will prepare a hydraulic analysis of the
proposed storm drain between the Telegraph Canyon Creek
Channel and the Project Station 31+50 using the Los
Angeles County Department of Public Works storm drain
analysis program RD44l2, commonly known as "STORM." The
appropriate conduit size will be verified and the
hydraulic operation of the storm drain system and
tributary lateral connections will be documented for 10
and 40 year frequency discharges to demonstrate
conformance with City of Chula vista criteria. Hydraulic
calculations will be based on assumed water surface
control elevations and will account for the potential
backwater condition at the Telegraph Canyon Creek
Channel. In addition, the previous hydraulic study for
the existing Harbor Side Storm Drain will be revised to
reflect the deletion of lateral tributaries which will be
intercepted by the new proposed storm drain system. The
resul ts of this analysis. will be presented in the
Broadway Basis of Design Study with an explanation of the
findings."
ADD FOLLOWING PARAGRAPH C.
"C.3. The Consultant will provide final engineering services
for the preparation of construction plans showing plan
and profile for the proposed storm drain between
Telegraph Canyon Creek Channel and the Project station
31+50 based on the results of the hydraulic analysis
described in E.2 above. Plans will be prepared at a
scale-of 1" = 20" on mylar utilizing the utility, survey
and ·-topography data previously compiled by the
Consultant. The construction plans will include all
structural details, pipe schedules, quantity estimates
and lateral profiles. This work item is based on the
proposed construction of about 1200 lineal feet of storm
drain.
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Consultant will review and modify the project cost
estimates specifications and special provisions to
include the additional construction items."
-- ADD FOLLOWING PARAGRAPH 0.2:
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"0.3. Consultant shall provide construction staking of the
storm drain centerline during project construction.
Staking shall be performed in a single phase consisting
of pavement markings only. Consultant shall furnish the
City with radial staking files in digitized computer
format (5 1/4" floppy disks) compatible with civil Soft
COGO-PC Plus Software. The construction surveying shall
include approximately 1200 feet of storm drain offset
staking. If re-staking of the storm drain is required,
this may be provided under a separate contract agreement
for an additional fee."
ADD FOLLOWING PARAGRAPH F.3:
"F.4. Consultant shall be available during the construction
phase of the storm drain from the Telegraph Canyon Creek
Channel to the project station 31+50 to provide
additional support services, including design plan
interpretation, construction observation and record
drawings. A budget amount of 30 man hours has been
allocated for this task. [Work beyond this budget amount
for the storm drain may be performed under a separate
agreement for an additional fee.] This task in no way
reduces the consultant's obligation to perform at no
additional compensation as stated in paragraph F.l.,
F.2., and F.3."
ADD FOLLOWING PARAGRAPH G.9:
"G.lO. Consultant shall provide the following geotechnical
services for the storm drain from the Telegraph Canyon
Creek Channel to the Project station 31+50.
- Review of available aerial photographs, geologic
literature, and previous geotechnical reports and
plans relevant to the site. Consultant shall mark
out the location of the proposed boring. The city
will assist in the coordination with Underground
.Alert to mark out underground utilities in the area
of the proposed borings.
- Coring of the existing concrete subpavement to
allow borings in :the area of the proposed storm
drains.
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- A subsurface investigation consisting of the
drilling, logging, and sampling of 4 small-diameter
borings with a truck-mounted drill rig to maximum
depths of approximately 15 to 20 feet. The borings
-~ are anticipated to be in areas where borings were
not advanced in our previous study.
- Laboratory testing of samples obtained from the
field investigation.
- Geotechnical analysis of data.
- Preparation of a written report with maps and
illustrations which presents our findings,
conclusions and recommendations for construction.
shoring parameters, lateral earth pressures, and .
direct shear test results will be provided in the
written report."
II. Paragraph 4: Term. The introductory paragraph is
amended to read as follows: Consultant shall perform all
of the defined services herein required of them no later
than March 31, 1992, and shall abide by and comply with
any interim time frame and milestone dates that are set
forth in Exhibit A of the original contract.
III. Paragraph 13: Responsible Charge. The paragraph is
amended to add the following after the existing text:
Consultant hereby designates Scott M. Taylor as
Consultant's representative to the project for the
duration of the project, effective upon execution of this
first amendment. The Consultant's previous
representative, Mr. William S. Shaw, shall be available
for project consultation until December, 1992.
IV. Paragraph 2: Compensation. The paragraph is amended by
adding the following after the existing text: In
addition to the compensation provided in the paragraph
above (the original agreement) the compensation to be
paid by the city to Consultant for all the work required
for the additional storm drain work specified in this
First Amendment shall be a not to exceed fee of Twenty-
two T~ousand Three Hundred Ninety Dollars ($22,390) based
upon ..the attached fee schedule (Exhibit C) payable in
monthly progress payments in an amount that the Public
Works Director, or his designee, shall determine
corresponds to the value provided to the City to the date
of billing. Payments shall be based on the schedule for
Milestone Events, set forth in Exhibit A of the original
agreement.
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V. Except as modified herein, all other terms and conditions
. of the original agreement remain as specified therein.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
to Agreement on the day and year first-above written.
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CITY OF CHULA VISTA Robert Bein, William Frost
and Associates, Inc.
.
Mayor of the City of Chula Vista
Attest:
City Clerk
Approved as to form by:
Bruce Boogaard
city Attorney
SA:kw/nm
(SA\RBF .AMD)
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ì EXHIBIT ·C·
COMPENSATION FOR ADDITIONAL
SERVICES IN FIRST AMENDMENT
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Robert Bein, William Frost and Associates will complete the work
outlined herein and invoice the City monthly on a percentage
completion basis in accordance with the Schedule of Professional
Fees shown below.
TASK DESCRIPTION PROFESSIONAL FEE
Task E.2 Hydraulic Analysis $ 1,880
Task C.3 Improvement Plan and Specifications 7,360
Task D.3 Construction Staking 3,140
Task F.4 Post-Design Services 2,050
Task G.10 Geotechnical Investigation 6.960
Subtotal Professional Fees $21,390
Reproduction $ 1. 000
Total Fee $22.390
(SA\RBF.AMD)
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Di:C i 0 ':':-'J
RESOLUTION NO. 15953
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH ROBERT BEIN WILLIAM FROST ANO
ASSOCIATES FOR OESIGN ENGINEERING SERVICES REQUIRED FOR
BROAOWAY IMPROVEMENTS BETWEEN L STREET AND NAPLES STREET,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, on May 18, 1990, the Engineering Division sent requests for
letters of interest/statement of qualifications for design services for
Broadway improvements between L Street and Naples Street; and
WHEREAS, twenty-two firms responded and after the evaluation of the
letters by the selection committee, six firms were selected; letters of
requests for p¡'oposa1s~ were- sent -to the firms and five of the firms responded
with proposals to provide the required services; and
WHEREAS, the selection committee evaluated all five proposals and
interviewed each firm and the evaluation process emphasized the detailed work
program, program schedule, and fee proposal; and
WHEREAS, based on the analysis of the proposals and interviews, the
selection committee, made up of engineering staff, recommends that the
contract for the desi gn of Broadway improvements between L Street and Naples
Street be awarded to Robert Bein William Frost and Associates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista does hereby approve an agreement with Robert Bein Will iam Frost and
Associates for design engineering services required for Broadway improvements
between L Street and Naples Street, known as document number C090-261, a copy
of which is on file in the office of the City Clerk.
BE IT FUR:HER RESOLVED that the Mayor of the Ci ty of Chu1 aVi sta be, and
he is hereby authorized and directed to execute said agreement for and on
behalf of the City of Chu1a Vista.
Presented by Approved as to form by
'. ,,,,,~,~.~t¿
City Attorney
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Agreement with
Robert Bein, William Frost & Associates
for Design Engineering services
_This Agreement is made and entered into this .JD U.... day of
J~ev.-',vk,- , 1990, by and between the CITY OF CHULA VISTA,
CA:LIFORNIA, a municipal corporation, herein referred to as "City",
and Robert Bein, William Frost and Associates, a professional
engineering consulting firm ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, the existing portion of Broadway between "L" Street
and Naples Street is below City standards; and,
,
Whereas, the city desires to proceed in a timely manner with
the construction of this project and lacks sufficient resources to
design the project in a timely manner, the city, thus requires
design engineering services; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement; and,
NOW, THEREFORE, the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties.
a. General Duties.
Consultant shall prepare improvement plans and the
improvements shall conform to City of Chula vista Subdivision
Manual and City of Chula vista 1990 Standards.
Improvement plans will indicate:
(i) existing and proposed right-of-way, property lines,
driveway approaches, existing and proposed median, concrete
curb, gutter and sidewalks.
(ii) relocations and/or modifications of existing traffic
signal facilities and utilities (i.e., telephone, cable T. V.,
street lights, gas, electric, sewer, storm drain, and the
like) .
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Consultant shall prepare all cons"':ruction cost estimates,
survey documents, and provide constructioJ: plan interpretation, and
staking.
b. Scope of Work and Schedule
Consultant, in the process of pr.)viding said advice and
recommendations, shall perform the dutios and deliver the "Work
Product" as is set forth in the Scope, of Work and Schedule,
attached hereto as Exhibit A, not inconsistent with the General
Duties, according to, and within tl.e time frames therein
established (time being of the essence of this agreement) (The
General Duties and the work required i1 the Scope of Work and
Schedule shall be herein referred to as ':he "Defined Services") .
c. Standard of Care
Consultant, in performing any Servic:es under this agreement,
whether Defined Services or Additional Selvices, shall be performed
in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession clrrently practicing under
similar conditions and in similar locati"ns.
d. Insurance
Consultant represents that it anè its agents, staff and
consultants employed by it are protected by worker's compensation
insurance and the Consultant has the coverage under public
liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a certificate
of insurance.
Consultant will provide, prior to the commencement of the
services required under this agreement t'le following certificates
of insurance to the City prior to beginnLng work:
Statutory Worker's Compensation coverage plus $1,000,000
Employers liability coverage.
General and Automobile Liability coverage to $1,000,000
combined single.. limit which names City i.S an additional insured,
and which is primary to any policy whi~h the City may otherwise
carry ("primary coverage"), and which trlaats the employees of the
City in the same manner as members of t¡"a general public ("cross-
liability coverage").
Errors and Omissions insurance to $250,000, unless Errors and
Omissions coverage is included in the Ge,eral Liability policy.
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All policies shall be issued by a carrier that has a Best's
Rating of "A, Class V", or better, or shall meet with the approval
of the city's Risk Manager.
All policies shall provide that same may not be canceled
without at least thirty (30) days written notice to the city.
2. Duties of the City:
a. Consultation and Cooperation.
City shall regularly meet with the Consultant for the purpose
of reviewing the progress of the Plan anë to provide direction and
guidance to accomplish the Plan.
b. Compensation.
The compensation to be paid by City to Consultant for all of .
the work required herein shall be a not to exceed fee of One
Hundred Forty Five Thousand Five Hundred Seventy Dollars ($145,570)
based upon the attached fee schedule (Exhibit B) payable in monthly
progress payments in an amount that the Public Works Director, or
his designee, shall determine corresponds to the value provided to
the City to the date of billing. Consultant agrees to perform all
of the services, provide the Plan and deliver the Work Product
herein required, and in the manner of the detailed Scope of Work
set forth on the attached Exhibit A, and shall incur all associated
costs, including reproduction and printing, secretarial work,
telephone charges, travel including automobile charges, for said
Fee.
c. Reductions,in Scope of Work.
city may from time to time reduce the Scope of Work by the
Consultant to be performed under this Agreement. City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the Fee associated with
said reduction.
d. Addit10nal Scope of Work.
In addition to performing the Defined Services herein set
forth, city may require Consultant to per:orm additional consulting
services related to the General Duties and Scope of Work
("Additional Services"), and upon doing ';0 in writing, Consultant
shall perform same on a time and materials basis at the rates set
forth on Exhibit B. All compensation for Additional Services shall
be paid monthly as billed.
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3. Administration of Contract:
The City hereby designates the Director of Public Works, or
his written designee, as its representative for the review and
administration of the work performed by Consultant herein required.
4. Term:
Consultant shall perform all of the Defined Services herein
required of them by not later than September 1991, and shall abide
by and comply with any interim time frames and milestone dates that
are set forth in Exhibit A.
a. Liquidated Damages.
It is acknowledged by both parties tllat time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The .
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the General Duties and Defined Duties
specified within the allotted time period specified in Exhibit A
shall result in the following penalty: For each consecutive
calendar day in excess of the time specified for the completion of
the respective work assignment, the consultant shall pay to the
city, or have withheld from monies due, the sum of $100.00.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the Public Works Director, or his designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
5. Financial Interests of Consultant:
Consultant warrants and represents that neither he, nor his
immediate family members, nor his employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly,
whatsoever in the property which is th~ subj ect matter of the
Project, or in any property within 10 radial miles from the
exterior boundaries of the property whicl·. is the subject matter of
the Project, or ("Prohibited Interest") except as listed on an
attachment.
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Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant
Associates. Consultant promises to advise city of any such promise
that may be made during the Term of this Agreement, or for 12
months thereafter.
Consultant agrees that neither Consultant nor his immediate
family members, nor his employees or agents, shall acquire any such
Prohibited Interest within the Term of this Agreement, or for 12
months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement.
6. Hold Harmless:
Consultant shall defend, indemnify and hold harmless the City,
its elected and appointed officers and employees, from and against
all claims for damages, liability, cost and expense (including
without limitation attorneys' fees) arising out of the conduct of
the consultant, or any agent or employee, subcontractors, or others
in connection with the execution of the work covered by this
Agreement, except only for those claims arising from the negligence
or willful conduct of the City, its officers, or employees.
Consul tant' s indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the city, it
officers agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant
at its own expense shall, upon written request by the City, defend
any such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
7. Termination of Agreement for Cause:
¡f, through any cause, Consultant shall fail to fulfill in a
timely and proper manner his/her obligatjons under this Agreement,
or if Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, City nhall have the right to
terminate this Agreement by giving written notice to Consultant 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, studies,
surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the City, become the property of
the city, and Consultant 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
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Notice of Termination, not to exceed the a~ounts payable hereunder,
and less any damages caused city by Consultant's breach.
8. Errors and Omissions:
In the event that the City Engineer determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions in the plans or contract specifications, Consultant shall
reimburse City for the additional expenses incurred by the City
including engineering, construction and/or restoration expense.
Nothing herein is intended to limit City's rights under other
provisions of this agreement.
9. Termination of Agreement for Convenience of City:
City may terminate this Agreement at any time and for any .
reason for giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
10. Assignability:
The services of Consultant are personal to the City, and
Consultant 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 which City may
unreasonable deny.
11. Ownership, Publication, Reproduction and Use of Material:
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties 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, copyrights or patent rights by Consultant 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
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whole or in part, any such reports, st~dies, data, statistics,
forms or other materials or properti~s produced under this
Agreement.
12. Independent Contractor:
city is interested only in the results obtained and Consultant
shall perform as an independent contract,,:: with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right o'1ly to reject or accept
Consul tant 'S work Products). Consultant aJ ld any of the Consultant'S
agents, employees or representatives are, for all purposes under
this Agreement, an independent contracto~ and shall not be deemed
to be an employee of City, and none of t.hem shall be entitled to
any benefits to which City employees are êntitled including but not
limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave belefits.
13. Responsible Charge: J
Consul tant hereby designates that 11illiam S. Shaw shall be
Consul tant' s representative ("Proj ect Mar.ager") to the proj ect for
the duration of the project. No substitution for this position
shall be allowed without written approva.. from the City.
14. Administrative Claims Requirements lnd Procedures
No suit or arbitration shall be brcught arising out of this
agreement, against the City unless a clail, has first been presented
in writing and filed with the city of Chu:.a Vista and acted upon by
the City of Chula vista in accordance with the procedures set forth
in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions )f which are incorporated
by this reference as if fully set forth herein, and such policies
and procedures used by the City in the j.aplementation of same.
Upon request by city, Consultant shall meet and confer in good
faith with City for the purpose of resolling any dispute over the
terms of this Agreement.
15. Attorney'& Fees
Should that dispute result in liti~:,,-tion, it is agreed that
the prevailing party shall be entitled 1:0 recover all reasonable
costs incurred in the defense of the claim, including costs and
attorney's fees, provided that said plrty has exercised best
efforts, in good faith, to negotiate a ~:ettlement of the dispute
prior to and during the litigation.
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16. statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document as a result
of the scope of work required of Consultant, Consultant shall
include, or cause the inclusion, in said report or document a
statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the
report or document.
17. Miscellaneous.
a. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant.
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman.
If the foregoing box is marked, the Consultant and/or their
principals is/are licensed with the State of California or some
other state as a licensed real estate broker or salesperson.
c. Notices.
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures
of the parties represented.
d. Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding vetween the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
e. Capacity of Parties.
Each signatory and party hereto here~y warrants and represents
to the other party that it has legal authority and capacity and
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direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
f. Governing Law/Venue.
This Agreement shall . be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
.
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Signature Page to
Agreement with
Robert Bein, William Frost & Associates
for Design Engineering Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement this .).e 'lJ.- day of ~'- , 1990.
CITY OF
BY:
Chula vista
Attest:
/1
1/
, '.2(.",
Beverly uthelet,
City Clerk
APprz.as to
~.
Bruce M. Boogaar ,
City Attorney
.
Robert Bein, William Frost & Associates
by: ~
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Exhibit List
to
Agreement with
Robert Bein, William Frost & Associates
for Design Engineering Services
Exhibit A. Scope of Work and Schedule
Exhibit B. Consultant's Fee Schedule
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EXHIBIT A
SCOPE OF WORK
General
The general scope of the Project is to improve Broadway to the
ultimåte width between "L" street and Naples street.
Improvements shall include reconstruction of asphalt concrete
pavement, curb, gutter and sidewalk, existing medians and
construction of new medians at intersections where traffic levels
warrant medians including, landscaping and irrigation system and
installation of street trees.
Design of the improvements shall conform to City of Chula vista
Subdivision Design Manual and City of Chula vista 1990 Standards
and shall include the following tasks:
Concectual Desian .
A. Consultant shall be responsible for providing a design for
concept plans prepared at a scale of 1"= 20', on a
photographic base map, indicating the right-of-way, property
lines, new curb location, driveway approaches, existing
medians and proposed medians.
Consultant shall coordinate with the city Traffic Engineer
to evaluate the need for new medians at intersections.
B. Consultant shall meet with all adjacent property owners
affected by the proposed project. Property owners shall be
informed of the conceptual design, particularly with regards
to median location. It is anticipated that two group
meetings with all affected property owners be held.
Consultant shall make at least two written attempts to
contact and meet with each of the affected property owners
not in attendance.
C. Consultant shall make a presentation of the final conceptual
design to City Council for approval. Presentation to city
Council shall include the following:
1. Preparation of an exhibit showing the items required in
Item "A" above, including a site photographic study.
2. Preparation of a report summarizing the proposed
improvements including a preliminary cost estimate.
Conceptual design report shall include:
a. Design criteria
b. Traffic study and Report (traffic count data provided
by City)
c. Community Input
d. Discussion of Conceptual Design
e. Conclusions and Recommendations
\ ~ .,;2.4
~_.._..._.._-._---~----------,._.._----
Final Desian
A. Consultant shall be responsible for all design surveying
which shall include:
1- Horizontal and vertical control. Consultant shall
perform the following services:
~Research City and County of San Diego records necessary
to establish property lines, centerline and right-of-
way lines along Broadway between project limits;
Identify and locate existing ¡..onuments to be used for
horizontal and vertical control;
Perform field work to establish horizontal and vertical ,
control; and furnish City with control point files in k
digitized computer format (5-1/4" floppy disks in DXF
format) compatible with civil Soft Cogo - PC Plus
software.
Set temporary control monumentn as required.
2. Existing topography. Consultant shall perform field
survey to determine and map existing topography within
project limits including topograph up to 50 feet beyond
right-of-way (Le. , sewer, storm drain, water, gas,
electric, telephone, cable T.V.., street lights,
traffic signal, etc.).
3. Location of existing well monuments, benchmarks, and
property monuments affected by construction.
4. Cross-sections. Consultant shall compile and plot
roadway cross sections from fi.eld survey data. Cross
sections shall contain the entire right of way and any
private property to the extent that it is to be
affec.ted by construction. Cross sections shall be
taken at maximum intervals of fifty (50) feet plotted
at the following scales: Horizontal, 1" = 5' ;
Vertical, 1" = 1'. Final cross section shall show new
and existing improvements.
5. Two copies of all survey notes shall be submitted to
the City.
B. Design of pavement structural section shall include:
l. Determination of "R"-values and other geotechnical
properties of the existing pavement, base, subbase and
subgrade materials along Broaüway from ilL" Street to
Naples Street. "R"-values shall be taken no greater
than every 300 feet.
13 ~~S;-
-,.--..-....._~----,-.- -~_.__._...-.--
-
2. City shall provide most current traffic data available
for the street section.
C. Design of street improvements as set forth in the
Subdivision Manual and which may include, but not limited
to:
1- Concrete curb, gutter, sidewalk, driveway approaches,
landscaped median islands, irrigation facilities,
required drainage facilities, sewer faclities,
pavement, street lights, traffic signals, street trees
and restoration of private property.
2. Design of street improvements along Broadway shall be
designed for an ultimate width of 82 feet, curb to
curb, ånd meet the current street design standards
classified as a four-lane major.
D. Consultant shall provide construction surveying as required
by the construction contractor. Consultant shall furnish
the City with radial staking files in digitized computer
format (5-1/4" floppy disks) compatible with Civil Soft COGO
- PC Plus software. The construction surveying shall
include approximately 5,000 feet of curb staking, 3,000 feet
of centerline staking, and staking of light standards and
storm drain improvements. In addition, the consultant shall
survey and set the following well monuments and prepare and
file the required Record of Survey and/or Corner Records for
each monument with the County Recorder of San Diego,
California.:
1- Intersection of centerline of Broadway and "L" Street,
one monument is required.
2. Intersection of quarter section line of Broadway with
the centerline of Naples Street and the centerline of
"L" Street, two well monuments are required.
Actual installation of the well monument cover and
frame will be performed by the construction contractor.
E. Consultant shall evaluate the adequacy of the existing
drainage system. The City will provide design flows based
on the fogg study dated June 1964. Consultant shall be
responsible for design of new inlets and drainage facilities
if needed.
F. Consultant shall be available during the construction phase
to provide engineering support services which may include:
1. Design plan interpretation;
l~"~
._n_n... .-... -'--"~---'"'----"------
, -
2. Observation of project site during construction phase
not including construction inspection;
3. Design of minor changes in the original design concept
and resolution of any design conflicts.
G. In addition to the above tasks, the Consultant shall be
responsible for the following:
1- Traffic control plans during r.onstruction which shall
be based on "Manual of Traffic Controls," "Work Area
Traffic Control Handbook," and standard traffic control
plans in the state Standard Pl~ns, January, 1988;
2. Striping and signing plans for final design and
temporary striping plans in coordination with the .
traffic control plans for construction;
3. Design of street lighting system on Broadway between
"L" and Moss Street.
4. Relocation and/ or modification of the traffic signal
facilities, as is necessary. Replacement of traffic
signals loops including coordination with the City
Traffic Engineering section. Splicing of the new and
existing wires or cables shall not be permitted.
Improvements of the traffic signal facilities at the
intersections shall include the following:
a. Broadway/L; Relocate and upgrade (all 4)
b. Broadway/Moss; Relocate all (4)
Upgrade NE & SW
c. Broadway/Naples; Relocate & Upgrade (4)
Remove 1A(2) on the Broadway median
5. Replacement of any well monuments, property monuments
or benchmarks of record destroyed during construction
as a result of construction; consultant shall file all
required Corner Records and/or record of survey. If
research or boundary calculations are requested by the
City to alleviate discrepancies between existing record
maps or surveys, this work shall be completed by
consultant under a separate contract for an additional
fee.
6. Preparation of a conceptual phase and a final
construction cost estimate, bid documents and
construction contracts.
a. Material quantities shall be computed from final
design plans. Engineer's Estimate shall be based
on prevailing construction unit prices for the San
Diego area.
1;,,)..1
~..._-.-_.+--+-._._-'-_._---
-
b. Construction specifications shall be based on
Standard Specifications for Public Works
Construction. 1988 Edition.
c. Bidding and construction contract documents shall
be based on "boilerplate" documents provided by
City.
7. Coordination for design of utility relocation if it is
necessary. Location of all utilities shall be shown on
final design plans.
8. Consultant shall obtain any permits or permission
necessary to enter private property as required to
perform the surveying, field reconnaissance or .
monumentation work. City shall pay any permit fees
required.
.
9. Consultant shall prepare right-of-way maps and plats
and legal description for all right-of-way required for
construction of project. City to provide appraisal and
acquisition services.
H. Final design plans shall be submitted on D-sheet size mylar
(3 mil., Double Matte) with the City of Chula vista standard
Title Block at the following scales: Horizontal 1" = 20';
Vertical 1" = 2'. Final plans shall also be submitted on 5-
1/4 inch floppy disks in DXF or IGES format compatible with
the City's VERSACAD computer aided drafting system.
DCD:rb:das
(A:\SCOPEWK1.DCC2)
l~..~f(
·
SCHEDULE FOR MILESTONE EVENTS
'l'ASK # OF WEEKS FOR 'l'O'l'AL t % OF 'l'O'l'AL FEE
COMPo OF 'l'ASK OF WEEKS
TO COMPLETION.
First Property 10 10 15
Owners Meeting
Conceptual Design 10 20 30
to Council
50% Submittal of 10 30 45
Plans & Specifications
90% Submittal of 8 38 60
Plans & Specifications
100% Submittal 2 40 70
Submittal of Mylars & 1 41 80
Computer Disk (Plan
Approval)
Completion of NjA NjA 100
Const. staking &
Support Services
Staking & Support Services
* NOTE: TIME PERIOD SPECIFIED ABOVE DOES NOT INCLUDE
GOVERNMENTAL REVIEW TIME.
(A: \SCOPEWKl. DOC)
I ~..).tt
.~._._~_.__._..,_._,_._--~ .-
-
EXHIBIT -aR
COMPENSATION
B. Client agrees to compensate Consultant for such services as follows:
-
Monthly on a percentage of completion basis, a fee of $145,570.
DESCRIP110N EEE
I. Aerial Topographic Map $ 7,100
2. Site Photographic Study 810
3. Research and Investigation 3,560
4. Conceptual Plan 6,600
5. Project Report 2,520
6. Preliminary Improvement Quantity Estimate 540
7. Preliminary Cost Estimate 270 .
8. Project Meeting Attendance & Consultation 4,050
9. Property Owners' Meeting Attendance & Consultation 3,480
10. Public Hearing Representation 375
II. Project Graphics 2,850
12. Street Cross Sections 3,330
13. Street and Boundary Monuments 3,850
14. Hydrology and Storm Drain Hydraulics Report 3,360
15. Street Improvement Plans 15,560
16. Street light Plan 1,800
17. Legal Descriptions and Exhibits 1,650
18. Traffic Striping Plan 3,600
19. Traffic Signal Modifications 11,800
20. Final Cost Estimate 480
2I. Specifications and Contract Documents 2,340
22. Storm Drain Plans 2,040
23. Dry Utility Consultation 480
24. Traffic Control Plans 8,800
25. Landscape Plan 5,800
26. Shop Drawing Review 1,125
27. Construction Plan Interpretation 2,250
28. Final Record Drawings 2,250
29. Geotechnical Services 7,900
30. Construction Staking 25,000
3I. Reproductions & Blueprinting 10.000
TOTAL $145.570
Progress billings will be forwarded to the Client on a monthly basis. These billings will
include the fees earned for the billing period plus all direct costs advanced by Consultant.
The Client shall make every reasonable effort to review invoices within fifteen (15) working
days from the date of receipt of the invoices and notify Consultant in writing of any
particular item that is alleged to be incorrect.
B/500342Com
l~"3D
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COUNCIL AGENDA STATEMENT
Item N
Meetinq Date Februarv 4. 1992
ITEM TITLE: Resolution 'I.~q\ Amending FY 1991/92 Budget to
upgrade (1) Administrative Office Assistant II
position to Administrative Office Assistant III in
Public Works Department -~~ineering.
SUBMITTED BY: Director of Public wo~~~
Director of personnel~
REVIEWED BY: city Manager(1
(4/sths Vote: Yes~No___)
The duties and responsibilities of the Administrative Office
Assistant II position in the Public Works Department - Engineering
office have changed to require the high skill level of an
Administrative Office Assistant III to adequately meet the needs of
the job. Personnel has reviewed the position and concurs with the
recommendation for reclassification.
RECOMMENDATION: That Council approve the resolution amending the
1991/92 Budget to upgrade the Administrative Office Assistant II
position in Public Works Engineering to Administrative Office
Assistant III.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
The Engineering Division of the Public Works Department has 1.48
positions budgeted at the Administrative Office Assistant III level
and one position budgeted at the Administrative Office Assistant II
level. The duties and responsibilities of the Administrative
Office Assistant II have expanded from specific tasks at the
Administrative Office Assistant II level to the more complex tasks
at the Administrative Office Assistant III level. The level of
complexity requires a fully skilled person with considerable
experience to work independently performing a variety of complex
tasks.
The major Administrative Office Assistant III duties include use of
a microcomputer word processor or typewriter to produce specialized
reports, correspondence, forms and other documents relating to
engineering or construction inspection work; and maintaining
departmental data bases on-line on the mainframe or microcomputer
for applications such as pool car billing and project reporting.
Other duties also include maintaining department inventories and
processing purchase requisitions; establishing and maintaining
office files; receiving and screening visitors and telephone calls
and taking messages; providing factual information about the city
of Chula vista and the Engineering Division; reviewing and
I~"I
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Page 2, rtem ~
Meeting Date Februarv . 1992
distributing computer reports; and processing and distributing
mail.
FrSCAL rMPACT: $1,650 for the remainder of fiscal year 1991/92.
$3,960 for a full fiscal year. Funds are currently available
within the Engineering budget to cover the costs.
smc KY-094
It.{ -¡
-"'-,-..' -----.-- -"-------..-..----.--.""..-----
RESOLUTION NO. I\.~~h
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1991/92 BUDGET TO
UPGRADE (1) ADMINISTRATIVE OFFICE ASSISTANT II
POSITION TO ADMINISTRATIVE OFFICE ASSISTANCE
III IN PUBLIC WORKS DEPARTMENT - ENGINEERING
WHEREAS, the duties and responsibilities of the
Administrative Office Assistant II position in the Public Works
Department - Engineering office have changed to require the super-
journey level skills of an Administrative Office Assista~t III to
adequately meet the needs of the job; and
WHEREAS, Personnel has reviewed the position and concurs
with the recommendation for reclassification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby amend the 1991/92 Budget to
upgrade the Administrative Office Assistant II position in Public
Works Engineering to Administrative Offic Assista III.
Presented by JOf :.0
John P. Lippitt, Director of ruce M. 'ty
Public Works Attorney
C:\n\Admin office Auist upgrade
14.. 3
_..._- - --_..._-_..---"--.----,~--,_..__..__._-~--_._.._---._--
COUNCIL AGENDA STATEMENT
Item 1.5
Meeting Date 2/4/92
ITEM TITLE: Publ ic Hearing: GPA 91-5, PCZ 91-G, City-initiated proposal
to amend the Genera 1 Plan and rezone certain territory,
generally bounded by "E" Street, "0" Street, Third Avenue, and
Landis Avenue, to resolve genera 1 plan and zoning
inconsistencies within the Central Chula Vista community
NOTE: This General Plan Amendment is being combined with GPA 91-04 -- PCZ
91·f, the PaLomar Trolley Center project, to be considered by the
City CounciL on February 18, 199Z. A resoLution end ordinance
reflecting City Council decisions on these two projects will be
considered subsequent to the Palomar Trolley Center hearing and
decision.
SUBMITTED BY: Director of Planning íil-i
REVIEWED BY: City Managerp (4/Sths Vote: Yes___No-X-)
BACKGROUND:
This item involves amending the General Plan and rezoning an area referred to
as General Pl an/Zoni ng Consi stency Study Area B-3-A in Central Chul a Vi sta.
The study area consists of the majority of a city block bounded by "D" Street
to the north, "E" Street to the south, Third Avenue to the east, and Land is
Avenue to the west. It includes all property within this block with the
exception of commercially designated and zoned property along "E" Street, and
four single-family designated and zoned lots adj acent to "0" Street (see
attached map). The study area comprises approximately five acres and 21 lots.
On June 11, 1991, the City Counc il directed staff to conduct a General
Plan/Zoning Consistency review for this area, at the request of a property
owner, and return to the Counc il with an appropriate recommendation for
resolving the inconsistency between General Plan Designation and Zoning. The
purpose of the on-goi ng Consi stency Study is to resol ve general plan/zoning
inconsistencies within the Central Chula Vista community which resulted from
approval of the Chula Vista General Plan Update on July 11, 1989. This
part i cul ar area was des i gnated Res i dent i a 1 Low Medium (3 to 6 dwelling units
per acre) on the General Plan Map at that time, but the property is zoned R-3
(Apartment Residential), which allows up to 32 dwelling units per acre. This
area has been zoned R-3 since the adoption of Zoning Ordinance 398 by the City
Council on March 22, 1949.
Staff completed their analysis of Special Study Area B-3-A in July 1991.
Existing zoning, lot sizes, residential densities and adjacent land uses were
tabulated and mapped. Public facil ities impacts were assessed. Staff
conducted a field survey to inventory the existing land uses within the study
area. Based on this information, staff prepared a written study document (see
backup material) and a recommendation. The study and recommendation were
presented by staff at a community forum conducted on August 1, 1991.
15~" I
------~_.- --_.-.._.-----
Page 2, Item /5
Meeting Date 2/4/92
On September 25, 1991, this item was considered and acted upon by the Planning
Commission. Subsequent to that hearing, staff met with representatives of the
Chula Vista Elementary School District in order to resolve objections to the
proposed changes which they raised at the Planning Commission hearing. these
objections have been resolved for this item, and this City Council hearing has
been scheduled.
The Environmental Review Coordinator conducted an Initial Study, IS-91-13, of
potential environmental impacts associated with the implementation of the
proposed rezonings and General Plan amendments. Based on the attached Initial
Study and comments thereon, the Coordinator has concluded that this
reclassification would cause no significant environmental impacts as per the
Negative Declaration issued on IS-91-13.
RECOMMENDATION:
1. Based on the Initial Study and comments on the Initial Study and Negative
Declaration, find that the proposed rezonings and General Plan Amendments
will have no significant environmental impacts and adopt the Negative
Decl arat i on issued on IS 91-13 for the General Pl an/Zoni ng Cons i stency
Study, Subarea B-3-A.
2. Adopt a reso 1 ut i on to change the General Pl an des i gnat i on for Subarea
B-3-A from Low-Medium Residential (3-6 du/ac.) to Medium-High Residential
(11-18 du/ac.)
3. Adopt an ordinance to change the zoning for Subarea B-3-A from R-3
(Apartment Residential) to R-3-P-22 (Apartment Residential) with the
precise plan modifier, subject to the following conditions:
a. The City of Chula Vista shall enforce any appropriate legal
mechanism sponsored by the Chula Vista School District and the
Sweetwater Union High School District to mitigate impacts on school
facilities.
b. All existing nonconforming uses created as a result of this action
shall be allowed to be reconstructed in the event of destruction of
greater than 60 percent of the property's improvements only upon
review and approval of the Planning Commission.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public
hearing on this matter on September 25, 1991, and recommended approval of the
staff recommendation stated above by a vote of 4-0-2 (Commissioners Tugenburg
and Carson absent, one vacancy). Four property owners spoke against the staff
recommend at i on and requested retention of the R-3 zone, and a representative
of the Chula Vi sta El ementary School Di stri ct also spoke agai nst the staff
recommendation as allowing too many additional dwelling units without adequate
mitigation of school impacts.
/S -2-
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Page 3, Item J§
Meeting Date 2/4/92
DISCUSSION:
Staff has conducted a p1 anning study for Subarea B-3-A. This study includes
the fo 11 owi ng elements: I} review of general plan policies, 2} review of
surrounding land uses and regulations, 3} existing and potential land use on
the site, and 4} public facilities impacts. The full text of thi s study is
conta i ned wi th in the backup materi a 1 s. The fo 11 owi ng report sununari zes the
study.
General Plan Policies
The Chu1a Vista General Plan contains several goals, objectives, and policies
relating to the appropriate character of Subarea B-3-A.
The Hous i ng and Commun i ty Character Goal of the Land Use E1 ement calls for a
"full diversity of housing types, while maintaining an orientation to
single-family living." Housing and Conununity Character Objective 12 states
that the city shall "provide for the development of multi-family housing in
appropriate areas," while Objective 15 states that the city shall "preserve
and reinforce existing residential neighborhoods throughout the city.
Objective 17 states that the city shall "re-p1an portions of the Central Chu1a
Vista area to lower dens it i es where higher densities are found to be
incompatible with single-family neighborhoods."
The Central Chu1a Vista Area Plan, contained within the General Plan document,
contains additional Goals and Objectives relating to Subarea B-3-A. Goal 2
calls for "a variety of types and densities of housing in ways which will
preserve and enhance existing neighborhoods." Objective 7 states that the city
shall "preserve and enhance pockets of single-family neighborhoods." The
Central Chula Vista Area Plan also contains a policy on the redesignation of
s i ng1 e-family neighborhoods, which states that no areas designated for
single-family residential development shall be redesignated to higher density
residential use except where I} there is a citywide need, 2} there are no
significant impacts, 3} at least one-half of the boundary of the area proposed
for redesignation is bordered by higher density residential or non-residential
uses, and 4} that a series of design standards for such development are met.
Area General Plan/Zoning Designations
Subarea B-3-A - - Land Use Designation: Low-Medium Residential (3-6 du/ac)
Zoning: R-3 (Apartment Residential)
Uses: Mixed single-family and multi-family residential
West n Land Use Designation: Low-Medium Residential (3-6 du/ac)
Zoning: R-l (Single-Family Residential)
Uses: Single-family residential
North -- Land Use Designation: Low-Medium Residential (3-6 du/ac)
Zoning: R-l (Single-Family Residential)
Uses: Single-family residential
15-.3
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Page 4, Item tS'
Meeting Date 2/4/92
East -- Land Use Designation: Low-Medium Residential (3-6 du/ac)
and Quasi-Public
Zoning: R-3 (Apartment Residential)
Uses: Fredericka Manor
South -- Land Use Designation: Retail Commercial
Zoning: CT (Thoroughfare Commercial)
Uses: Commercial
Existing and Potential land Use
Subarea B-3-A consists of five acres of land. It is divided into 21 lots.
El even of these lots, totaling 35% of the land area, contain single family
dwell ings, whil e the remaining ten lots, totaling 65% of the land area,
contain a total of 89 multi-family dwelling units. Two large projects, an
apartment complex at 122 Third Avenue, and· the Del Neva Condominium complex at
166 Third Avenue, comprise the majority of the multi-family dwelling units,
each project containing 26 units. The remainder of the multi-family dwelling
units are contained within small apartment complexes of three to eight units
in number. The single-family homes in the area are small, of approximately 30
to 40 years in age. With the exception of the two large projects, lot sizes
in the area range from 6,600 to 8,000 square feet.
Staff analyzed buildout under different land use scenarios and our findings
are summarized in the following table:
NON-CONFORMING
SCENARIO BUILDOUT USES CREATED
Plan Designation: 145 dwelling units* 5
HIGH RESIDENTIAL (18-27) (45 additional)
Zoning:
R-3(18-32 du/ac)
Plan Designation: 122 dwelling units 7
MEDIUM-HIGH RES.(11-18) (22 additional)
Zoning:
R-3-P-22 (22 du/ac)
Plan Designation: 111 dwelling units 10
MEDIUM-HIGH RES.(11-18) (11 additional)
Zoning:
R-3-P-14 (14 du/ac)
Plan Designation: 100 dwelling units 10
LOW-MEDIUM RES.(3-6) (0 additional)
Zoning:
R-1
* Since density in the R-3 zone is variable, based upon the Lot she and the
dwelUng unit sizes within 8 proposed project, the maximum buHdout under
the R-3 zoning is obtainable only if all existing single-family lots in the
area are consolidated and if smaller studio and one-bedroom apartment units
are constructed.
'1$~4
"--- -- - ---.--- -----..-------..-------------.-...
Page 5, Item )5
. -
Meeting Date 2/4/92
Public Facilities Impacts
Staff reviewed the impacts of the various plan/zone options on public
facil ities and services. No negative impacts were found for the fo 11 owi ng
issues: Fire/EMS, Pol ice, Traffic, Parks/Recreation, Drainage, Sewer, and
Water.
Letters of comment received from both the elementary and high school districts
i ndi cated that both di stri cts are experi enci ng overcrowdi ng at Central Chula
Vista area schools. The Chula Vista Elementary School District response
specifically requests that the city "adhere to the land use designations in
the General Pl an and process rezoni ngs and GPA's on a case-by-case bas is, at
the time development is proposed and a legislative act is required." After
expressing their oppos it i on to the staff recommendation at the Planning
Commission hearing, the school district has dropped their opposition to this
particular action, with the understanding that there will be further study by
the City of the feas i bil i ty of imposing addi t i ona 1 exactions on new
development to fully mitigate school impacts, in conj unct i on wi th any future
Genera 1 Plan or rezoning actions pertaining to the Zoning Consistency Study.
. (See attached letter to Kate Shurson, Chula Vista Elementary School District,
dated January 29, 1992).
ANALYSIS:
Based upon thi s study, staff recommends re-designation of Subarea B-3-A to
from Low Medium Residential (3-6 du/ac.) to Medium High Residential ( 11-18
du/ac.) on the Chula Vista General Plan Map, and rezoning of the subarea from
R-3 (Apartment Residential) to R-3-P-22 (Apartment Residential, 22 du/ac.).
Rationale for this recommendation is as follows:
1. While the General Plan text calls for preservation of single-family
neighborhoods within Central Chula Vista, this neighborhood, in which 65%
of the land area and 89% of the dwelling units are multi-family, appears
to be already irreversibly committed to a multi-family pattern of
development. Overa 11 , the area has adequate infrastructure to servi ce
add it i ona 1 dwell ing units. Therefore, infilling of the remaining
under-developed parcels in this area with add it i ona 1 multi -family
deve 1 opment wi 11 meet the General Plan Goals and Policies by helping to
provide a diversity of housing within Chula Vista, and providing for more
affordable housing as well, while not negatively impacting an established
single-family neighborhood.
2. The Genera 1 Plan Text also calls for well-designed multi-family
development, which is in harmony with adjacent lower density areas, has
appropriate exterior design and massing, and contains amenities such as
adequate 1 andscaped areas. The R-3-P-22 zone meets these criteria for
Subarea B-3-A better than the existing R-3 zone because of the following
factors:
a. The R-3 zone provides higher density incentives for lot
consolidation, which could result in large-scale projects out of
character in this portion of Central Chula Vista.
i5-S
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Page 6, Item 1$
Meeting Date 2/4/92
b. The lower dens it i es of the R-3-P-22 zone (22 dwelling units per
acre) are more compatible with adjacent single-family zoned areas on
the west side of Landis Street and adjacent lower density areas of
the Fredericka Manor complex on the east side of Third Avenue.
3. The existing R-3 zone provides a density incentive for the construction
of smaller dwelling units, thereby providing an economic disincentive to
property developers if they wish to buil d 1 arger dwell j ng units more
suitable for famil ies. The R-3-P-22 zone contains a single density
calculation without such a disincentive.
FISCAL IMPACT: Not applicable.
WPC 0094p
IS..GP 1,5"7
- ---_._"_._.~~--_._-_.__.~-_.
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~~~~
~~~-
CllY OF
CHUlA VISTA
PLANNING DEPARTMENT
January 28, 1992
Chula Vista Elementary School District
84 East "J" st.
Chula Vista, CA 91910
ATTN: Kate Shurson
Dear Ms. Shurson:
At the September 25, 1991 Planning commission hearing on Zoning
Consistency Study Area B-3A, located between Third Ave., Landis
Ave., "D" Street, and "E" Street, you expressed objections to the
staff recommendation to change the General Plan Designation on this
five acre area from Residential Low-Medium (3-6 dwelling units per
acre) to Residential Medium-High (11-18 dwelling units per acre).
You requested that the City perform a comprehensive environmental
review of the impacts to local school facilities from changing the
General Plan Designations in this and the other remaining zoning
consistency study areas.
It remains the staff recommendation to approve the change in
General Plan land use designation for Subarea B-3-A when this item
is heard by the city Council on February 4, 1992. However, in
response to your comments, the Planning Department does intend to
consider the remaining Zoning Consistency study subareas as a
whole, and will perform a cumulative analysis of the environmental
impacts to school facilities resulting from the resolution of the
plan/zone inconsistencies in these areas. Additionally, the city
staff will recommend appropriate mitigation measures for these
cumulative impacts, based on further consultation with you and your
staff to determine an appropriate overall approach.
We look forward to working with you and your staff to conduct this
cumulative analysis of school impacts, and recommending appropriate
mitigation measures to relieve these impacts.
Sincerely,
~¡f/~
Robert A. Leiter
Director of Planning
IS -"7
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GENERAL PLANVZONING
CONSISTENCY STUDY
SUBAREA B-3A
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TABLE OF CONTENTS fð&E.
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Introduction 1
General Plan 'Policies 2
Area General Plan and Zoning Designations 4
Existing and Potential Land Use 5
Public Facilities Impacts , 6
,
Conclusions 7
Haps 8
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INTRODUCTION
,
This item involves consideration of a. General Plan Amendment and rezoning an
area referred to as General Plan/Zoning Consistency Subarea B-3-A. This
subarea consists of approximately five acres located between Third and Landis
Streets, north of "E" Street and south of "D" Street. It consists of all of
the Third-Landis-"E"-"D" block except for commercially zoned lots adjacent to
"E" Street and four single-family zoned lots adjacent to "D" Street.
On June 11, 1991, the Chula Vista City Council authorized staff to study this
area with the intent of resolving the General/Zoning discrepancy. The site is.
designated Low-Medium Residential on the General Plan, allowing three to six
dwelling units per acre, but the existing zoning for the site is R-3
(Apartment Residential) which allows up to 32 dwelling units per acre.*
This report consists of the authorized study, and includes sections on General
.Plan Policies, Area General Plan and Zoning Designations, Existing and
Potential Land Use, Existing Conditions by Lot, and Public Facilities
Impacts. The conclusions section contains the staff recommendation.
* The R-3 (Apartment Residential) zone includes a table for calculation of
'. density which is based upon lot size (the larger the lot, the greater the
density) and size of units (the larger the units, the lesser the den~ity).
The table is as follows:
Lot Area Studio and Two Three Four
(so. ft.\ One Bedroom Bedroom Bedroom Bedroom
15,000 or more 1,350 sq. ft. 1,430 sq. ft. 1,510 sq. ft. 1,590 sq. ft.
per dwelling per dwe lli ng per dwe lli ng per dwelling
(32 du/ac) (30 du/ac) (29 du/ac) (27 du/ac)
10,000 to 14,999 1,500 sq. ft. 1,580 sq. ft. 1,660 sq. ft. 1,740 sq. ft.
per dwelling per dwe lli ng per dwe lli ng per dwelling
(29 du/ac) (28 du/ac) (26 du/ac) (25 du/ac)
7,000 to 9,999 1,700 sq. ft. 1,780 sq. ft. 1,860 sq. ft. 1,940 sq. ft.
per dwelling per dwelling per dwelling per dwe lli ng
(26 du/ac) (25 du/ac) (23 du/ac) (23 du/ac)
Less than 7,000 2,000 sq. ft. 2,080 sq. ft. 2,160 sq. ft. 2,240 sq. ft.
per dwelling per dwe lli ng per dwelling per dwelling
(22 du/ac) (21 du/ac) (20 du/ac) (19 du/ac)
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GENERAL PLAN POLICIES
The Chula Vista General Plan contains the following goals, objectives and text
relating to the General Plan/Zoning Consistency Study for Subarea B-3A.
Land Use Element:
Goal 3: HOUSING AND COMMUNITY CHARACTER (Pg 1-7) - It is the
goal of the City to accol1l11odate a full diversity of
housing types, .while maintaining an orientation to
detached single-family living.
Objective 12: (Pg. 1-7) - Provide for the development of
multi -family housing in appropriate areas
conven i ent to pub 1 i c serv ices, facil ities, and
circulation.
Objective 15: (Pg. 1-7) - Preserve and reinforce existing
residential neighborhoods thFoughout the City.
Focus preservation and code-enforcement efforts
~ at older neighborhoods such as Central Chula
, Vista and Montgomery.
Objective 17: (Pg. 1-7) - Re-plan portions of the Central
Chula Vista area to lower densities where higher
densities are found to be incompatible with
conservation of single family neighborhoods.
Central Chula Vista Area Plan: \
Goal 2: RESIDENTIAL NEIGHBORHOODS (Pg. 10-7) - The goal of
the City is to provide a variety of types and
densities of housing in ways which will preserve and
enhance existing neighborhoods.
Objective 7: (Pg. 10-8) - Preserve and enhance pockets of
single family neighborhoods which exist in the
area west of Second Avenue and north of "H"
Street.
Objective 8: (Pg. 10-8) - Where transition of lower to higher
density residential uses is to occur, lIandate
review with respect to accessibil ity, parking,
availability of parks and open space, and visual
compat i bil i ty.
Redesignation of Single Family Neighborhoods (Pg. 10-19)
Single family neighborhoods in <;entral Chula Vista are under increasing
pressure as a result of nearby conversion of single family land use to
multi-family. In order to provide further protection of these
neighborhoods no area designated for single family residential in the
UPC 9509P -2- 1.5. -, 'J-
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Central Chula Vista Area Plan (Residential Low and Residential
Low/Medium) should be redesignated to higher density residential use
except upon finding that:
a. There is citywide need for multi-family housing.
b. There are no significant 'impacts or such impacts are fully mitigated.
c. That at least one-half of the boundary of the area proposed for
redesignation is bordered by areas of residential density
classification, which is the same as the proposed density
classification, or higher residential density classification, or
commercial, industrial, or institutional uses.
Regardless of general plan designation, no existing single family
units should be converted to a multi-family project unless the
following findings are made:
1. That the project is consistent with the general plan.
2. That access to the project is from a four- 1 ane res i dent ia 1
collector or a higher classification street.
':
3. That any significant traffic impact of the project is fully
mitigated.
4. ,That the project contains the established minimum of landscaped
open space, exclusive of driveways and parking.
5. That the massing and exterior design of the project be
consistent and compatible with the lowest density use which is
adjacent to the project.
6. That the project satisfies all applicable requirements of the
city's zoning ordinance.
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AREA GENERAl PLAN/ZONING DESIGNATIONS
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SUBAREA B-3-A -- Land Use Designation: Low Medium Residential (3-6 du/ac)
Zoning: R-3 - Apartment Residential
Uses: Mixed SFD and Multi-family
VEST -- Land Use Designation: Low Medium Residential (3-6 du/ac)
Zoning: R-l - Single-family Residential
Uses: SFD
NORTH -- Land Use Designation: Low Medium Residential (3-6 du/ac)
Zoning: R-l - Single-family Residential
Uses: SFD
; EAST -- Land Use Designation: Low Medium Residential (3-6 du/ac)
Public and Quasi-Public
Zoning: R-3 - Apartment Residential
Uses: Fredericka Manor
SOUTH -- Land Use Designation: Retail Commercial
Zoning: CT - Thoroughfare Commercial
Uses: Commercial
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EXISTING AND POTENTIAl lAND USE
Existing Dwelling Units - 100
Multi-Family Units - 89
Single-Family Units - 11
Maximum Buildout Under R-3 (Apartment) - 132
Zoning with No lot Consolidation
Maximum Buildout Under R-3 (Apartment) - 145
Zoning with lot Consolidation
Maximum Buildout Under R-3-P-22 - 122
(Apartment) Zoning
~
Maximum Buildout Under R-3-P-14 - 111
(Apartment) Zoning
Maximum Buildout Under R-2 (Two-Family) - 111
Zoning
Maximum Buildout Under R-l- (Single-Family) - 100
Zoning
lot Area Currently with Single-Family Dwellings - 35%
lot Area Currently with Multi-Family Dwellings - 65%
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PUBLIC FACILITIES IMPACTS
l. Fire/EMS
Fire protection and emergency medical services are adequate to serve the
area.
2. Police
Police response times for the area meet City standards.
3. Traffic
The site is bounded on the east by Third Avenue, a four- 1 aoe collector
road, and on the east by Landis Avenue, a two-lane residential street.
No service problems are expected to be caused by the proposed development.
4. Parks/Recreation
The site is served by Friendship and Memori a 1 Park to the south and
Eucalyptus Park to the northwest.
5. Drainaae
The site has no drainage problems.
6. Sewer
Exi st i ng Ci ty sewers in thi s area are adequate to serve the proposed
development.
7. Hill.!:
The Sweetwater Authority has not indicated any water supply or facility
deficiency in the area of the proposed development.
8. Elementarv Schools
The Chula Vista Elementary School District has commented that approval of
any action in this area which increases development potent ia 1 will
exacerbate overcrowding at Feaster Elementary School which serves this
area, and other schools in western Chula Vista. Using the District's
formula of 0.3 elementary school students per dwelling unit, R-3 zoning
would result in approximately 13 new students, R-3-P-22 - 6 new students,
R-3-P-14 - 3 new students.
7. Hiah Schools
The Sweetwater Union High School District has commented that the project
will be served by Chula Vista Junior High School and Chula Vista High
School, both of which are presently operating beyond total capacities.
R-3 zoning would result in approximately 13 new students, R-3-P-22 - 6
new students, R-3-P-14 = 3 new students.
WPC 95D9P -6- tf-I/P
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CONCLUSIONS
Based on th is study, staff reconvnends R-3-P-22 Zoning and the Medium-High
(11-18 du/ac) General Plan designation for Subarea B-3-A. Rationale for this
recommendation is as follows:
1. Designation of this are for multi-family residential uses conforms with
Objective 12 of the Chula Vista General Plan land Use Element (Page 1-7),
which calls for "development of multi-family housing in appropriate areas
convenient to public services, facilities, and circulation". The area is
adjacent to Third Avenue, a four-lane street, directly north of the Third
Avenue Commercial core.
2. 65% of the 1 and area withi n Subarea B-3A is devoted to multi-family use
and 89% of the dwell i ng units within Subarea B-3-A are multi-family
units. The existing neighborhood character of the area is multi-family.
Object i ves within the Chul a Vista General Plan which call for the
preservation of single-family neighborhoods in central Chula Vista do not
apply.
3. R-3-22 Zoning is a more appropriate than the existing R-3 zoning because:
1) the R-3 zone provides higher density incentives for lot consolidation,
which could result in large-scal e projects out of character in this
portion of central Chula Vista, 2) the R-3 zone provides higher density
incentives for smaller dwelling units, thereby providing an economic
disincentive to property developers if they wish to build larger dwelling
units more suitable for families, 3) the lower densities of the R-3-P-22
zone (22 dwelling units per acre) are more compatible with single-family
zoned areas on the west side of Landis Street and the lower density areas
of the Fredericka Manor complex on the east side of Third Avenue, and 4)
the R-3-P-22 zone will result in a lower overall dwelling unit total for
the area, thus decreasing impacts on neighborhood elementary and
secondary schools.
WPC 9509P -7- If,,/(
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negative ~'declaration
PROJECT NAME: Zoning Consistency Study, Subarea B3-A
PROJECT LOCATION: 114-174 Third Avenue, 115-175 Landis Avenue
ASSESSOR'S PARCEL NO. 566-182-03, OS, 08; 566-222-01 through II, 566-232-01,
02, 04, 08, 09, 14, 16 I
. PROJECT APPLICANT: City of Chula Vista
CASE NO: 15-91-51 DATE: July 17, 1991
A. Proiect Settina ,
The proposed project site totals 4.94 acres and cons'sts of 21 lots
currently d~veloped with I, 2, and 3 story residential buildings. Twelve
of the lots. are developed with single-story homes, the remaining 9 lots
are multi-family. There are approximately 250 people living on the
project site. Adjacent property uses include single family homes to the
north and west, single family homes and a senior community and
convalescent hospital to the east, and various thoroughfare commercial
uses along E Street to the south. The entire site is developed; there are
no sensitive plant or animal resources on the site.
B. Proiect Descriotion
The proposed project would consist of taking action to bring the existing
zoning and the General Plan designation of the project site into .
conformance. This èould involve rezoning the site to an R-l or R-2 zone,
andlor changing the General Plan designation of the area to a higher or
lower density.
C. Comoatibilitv with Zonina and Plans -
The existing zoning on the project site is R-3 Apartment Residential, and
the General Plan designation is Low~Medium Residential (3-6 du/ac). The
proposed project would bring the zone and the General Plan designation
into conformance. The project is in conformance with the land use
designa~on for the surrounding properties, which includes Low-Medium
Residential to the north and east, Medium-High Residential to the west,
and Retail to the south.
The project is also in conformance with' the zoning on the surrounding
property. Land to the north and west is zoned Single Family Residential
(R-l), to' the east Apartment Residential (R-3), and to the south
Thoroughfare Commercial wI a precise plan (CTP).
IS" 18' ~{ft..
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city of chule vlate p"nnlng dep.rtment CItY OF
envlronment.1 teVlew' .ectlon. OiUlA VISTA
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D. Comoliance with the Threshold/Standards Policv
1. Fire/EMS
The Threshold/Standards Pol icy requires that fire and medical units
must be able to respond to calls within 7 minutes or less in 85% of
the cases and within 5 minutes or less in 75% of the cases. The City
of Chula Vista has indicated that this threshold standard will be
met, since the nearest fire station is 1 miles away and would be
associated with a 2 minute response time. The proposed project will
comply with this Threshold Policy.
2. Police .
The Threshold/Standards Po li cy requires that police units must
respond to 84% of Priority 1 calls within 7 minutes or less and
maintain an average response time to all Priority 1 call s of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2
'. calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less. The proposed project
will comply with this Threshold Policy.
The Police Department has indicated that it can maintain an
acceptable level of service.
3. Traffic
The Threshold/Standards Pol icy requires that all intersections must
operate at a Level of Service (LOS) "C" or better, with the exception
that Level of Service (LOS) "D" may occur -during the peak two-hours
of the day at signalized intersections. Intersections west of I-80S.
are not to operate at a LOS below their 1987 LOS. No intersection
may reach LOS "F" during the average wèekday peak hour.
Intersections of arterials with freeway ramps are exempted from this
policy. The proposed project will comply with this Threshold Policy.
The proposed plan amendments and rezoning actions will not have an
adverse effect on traffic, because land use density will not
increase, thus impacting Levels of Service or Average Daily Traffic.
4. Parks/Recreation
The Threshold/Standards Policy for Parks and Recreation is 3
acres/l,Oaa population. The Threshold/Standards Policy only applies
to residential projects, thus, the project is exempt from this
standard. .
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5. Drainage
The Threshold/Standards Policy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects will
provide necessary improvements consistent with the Drainage Master
Planes) and City Engineering Standards. The proposed project will
comply with this Threshold Policy.
The City Engineering Department is satisfied that the proposed
project would not cause drainage threshold standards to be exceeded.
6. Sewer
The Threshold/Standards Policy requires that sewage flows and volumes
shall not exceed City Engineering Standards. Individual projects
w111 provide necessary improvements consistent with Sewer Master
Planes) and City Engineering Standards. The proposed project wil 1
comply with this Threshold Policy.
The proposed amendments and rezoning will not have any impact on
sewage flows and volumes.
7. Water
The Threshold/Standards Po 11 cy requires that adequate storage,
treatment, and transmission facilities are constructed concurrently
with planned growth and that water quality standards are not
jeopardized during growth and construction. The proposed project
will comply with this Threshold Policy.
The project site is located within a previously established urbanized
area with water supplies adequate to meet established threshold
standards. Potentially significant water impacts will be discussed
in greater detail in Section E of this document. _
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the
proposed project will not have a significant environmental effect, and the
prepara~ion of an Environmental Impact Report will not be required. A
Negative Declaration has been prepared in accordance with Section 15070 of
the State CEQA Guidelines.
The following impacts have been determined to be less than significant. A.
discussion of each of these less than significant impacts from the
proposed project follows.
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LESS THAN SIGNIFICANT IMPACTS
Water
Due to recent drought conditions, as a condition of project approval, the
applicant must agree to no net increase in water consumption or
participate in whatever water conservation or fee off-set program the City
of Chula Vista has in effect at the time of building permit issuance.
Schools
The Chula Vista City School District has expressed concern that a change
in the zone or General Plan designation for the project site could have a
significant adverse impact on . schools. Specifically, an increase in
density could intensify the overcrowding pressures facing the District in
Central/Western Chula Vista.
However, the proposed action will alter the General Plan designation to
conform with the zoning and would not increase the density allowed within
Subarea 3. The project site is currently zoned R-3, Apartment
'. Residential, which permits the development of a variety of high-density
dwellings. The proposed General Plan/Zoning Consistency Study would
potentially decrease the density allowed by the General Plan, thereby
resulting in a potential decrease in density within the subarea. Thus,
school impacts are deemed to be less than significant.
land Use
At the present time, the zoning on the project site and the General Plan
designation of the site are not in conformance with each other. The zone
is R-3, Apartment Residential, while the General Plan designation is
Low-Medium Residential. The proposed project would bring the zone and the
General Plan into conformance by downzoning the site to an R-2 or R-l
zone, and/or raising or lowering the density permittltd under the General
Plan land use designation. In no case would the permitted density be
increased to a level greater than that currently allowed in an R-3 zone.
The plan amendment and rezoning action is not expected to adversely impact
land use characteristics because there will be no increase in density as a
result of this project.
F. Mitiaation necessarv to avoid sianificant effects
The proposed project is not associated with any significant or potentially
significant environmental impacts, therefore, no project specific.
mitigation will be required.
G. Findinas of Insianificant Imoact
Based on the 'following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
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1. The project has the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
"self-sustaining levels, threaten to elillinate a plant or anillal
cOIIIIIunity, reduce the nlØlber or restrict the range of a rare or
endangered plant or aniol, or elillinate important examples of ttie
major periods of California history or prehistory.
The proposed project does not have the potential to impact any rare
or endangered species or the habitat of any sensitive plant or animal
species. The site is currently developed and in a disturbed state.
There are no cultural resources on the site.
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-tena environmental- goals.
The proposed General Plan amendments and zone changes would not
result in any environmental effects which would adversely impact
short- or long-term environmental goals. The prqject will increase
compliance between zoning and the General Plan, thus implementing
both long- and short-term goals..
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, ·cumulatively
considerable· Mans that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
\
The proposed amendment and zone changes would not result in any
significant adverse environmental effects which are cumulative or
growth-inducing in nature. The project will not change or will
decrease current density on" the project site, thus limiting the
potential for incremental future growth. -
4. The environmental effects of a project will cause substantial adverse
effects on human beings, either direct~y or indirectly. .
There is no evidence that the project will have substantial adverse
effects on human beings. School impacts were deemed to be less than
significant public health impacts, direct or indirect, were
identified in the Initial Study.
lr.. )..~
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. _~_ ___,_..___~ u. _ _ _ _ _ __._ _ ___. _ __ _ _ _ _
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-6-
H. Consultation
1. Individu_1s and Oraanizations
City of Chula Vista: Roger Daoust, Engineering
John Lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Captain Keith Hawkins, Police Department
Shauna Stokes, Parks and Recreation Department
Diana Lilly, Planning
.
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Gordon Howard, City of Chula Vista
2. Documents
Title 19, Chula Vista Municipal Code
General Plan, City of Chula Vista
3. Initial Studv
This environmental determination is based on the attached Initial
Study, any cOlll1lents received on the Initial Study and any cOlll1lents
received during the public review period for the Negative
Declaration. Further information regarding the environmental review
of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 92~10.
Þ-M4 AJ.M.... c. . ~
ENVIRO~MENTAL REVIEW COORDINATOR
EN 6 (Rev. )2/90)
WPC 9524P
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CHULA VI....';''A ELEMENTARY SCHO\.,L DISTRICT I
84 EAST "J" STREET · CHULA VISTA, CALIFORNIA 92010 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH r--- {.. c;·.c:-:::-;-__
I ,;',;.,1'''''--
8OAIIDOFEDUCA"IION June 21, 1991 r;..:::.:~;: !~'
JOSEPH D. CUMMINGS. Ph.D. ! .1 JUN 2 4 /99/ I
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SHARON GILES '-~ ¡
PATRICK A. JUDD Mr Go d d f ~j; " I ,. -~,
GREGR.SANDOVAL . r on Bowar '--~>,;"'l' "'--' .
Environmental Section --.-'-
SUPERINTENDENT Ci ty of Chula vista
276 Fourth Avenue
ØlNF.VUGRN,PhD. Chula vista, CA 91910
RE: Zoning Consistency Study - Subarea B3-A
114 through 174 Third Avenue, 115 through 175
Landis Avenue
IS-91-51
Dear Mr. Howard:
In 1989, through its adoption of the General Plan Update,
the City Council recognized the potential infrastructure
shortfalls and the need to preserve and protect existing
single family neighborhoods in Central/Western Chula Vista.
It took the first step toward lower densities by adopting
Low-Medium Residential land use designations for much of the
area. The District strongly supported this redesignation,
and based its planning on extremely limited or no new
development. Schools in Central/Western Chula Vista are
severely overcrowded, with most operating above both
permanent and temporary capacity. No funding is available
for reconstruction, modernization or expansion of existing
facilities.
Consistency legislation, adopted by the State Legislature in
1971 and upheld by numerous subsequent court decisions,
found the General Plan to be the "constitution" for future
development within a city, embodying fundamental land use
policies that guide future growth and development
decisions. zoning must conform to the adopted General
Plan. Thus, in these redesignated areas, no development
inconsistent with the General Plan can occur. In order to
comply with State law, the City's Ordinance, and implement
the General Plan, the Council directed staff to undertake a
General Plan/Zoning Consistency study for Central Chula
Vista to bring zoning into conformance with the General
Plan.
Earlier this month, the Council approved A General Plan
. Amendment (GPA) and rezoning for the first of the areas to
be addressed in the Consistency Study, Subarea B-1. Instead
of implementing the General Plan through a rezoning, the
Plan was· amended to a higher designation. The area was
rezoned to permit up to 22 units/acre, far more than the 3-6
If.. J.-5
".~._._.__..'___m,___'.·'_m__'___.______. _.____._____.~_
.
- . . - __...__._n...___ __ __ ___"___''''__'~_'_______n__ ....~._ ,
C J /
June 21, 1991
Mr. Gordon Howard
Page 2
RE: IS-91-51 / Zoning Consistency study - Subarea B3-A
units permitted by the General Plan. This project was
represented as a reduction in the number of permitted
dwelling units, and, therefore, a reduction in the total
number of students generated. Based on this rationale,
impacts to school facilities were found to be less than
significant. This is not the case.
Instead of implementing the Plan, the Subarea B-1 action
changed the General Plan, creating the potential for
significant additional residential units and corresponding
significant negative impacts on school facilities, without
providing adequate mitigation. The number of units
supposedly allowed under the existing zoning'was immaterial
since such projects could not be approved because they would
'. be inconsistent with the General Plan. To accurately
present impacts on school facilities, instead of comparing
what would have been permitted under pre-1989 zoning, a
comparison of what would be permitted under the controlling
General Plan designation should have been made. Therefore,
comparing potential development under existing versus
proposed zoning was not appropriate, and the finding of
insignificant impacts to school facilities was not valid.
\
with this experience with the Subarea B-1 project as
background, the District has several concerns with the
current Subarea B3-A study. The Initial Study prepared for
Subarea B3-A does not identify/address potential impacts on
public facilities, specifically schools, and it is not clear
that the city intends to address schools in the
environmental documentation process. Given the severe
facilities overcrowding facing the District in
CentraljWestern Chula Vista, any increase in the number of
residential dwelling units over that permitted under the
General Plan presents serious and significant impacts to
schools, and appropriate mitigation must be assured. The
current proposal to both amend the General Plan and rezone
Subarea B3-A does not include a recommended designation or
zoning category. Apparently, buildout scenarios under
various zoning classifications will be analyzed and
recommendations formulated. It is our understanding that
only an R-1 zoning is consistent with the adopted Plan.
The B3-A area currently proposed for amendment/rezoning lies
within the Feaster School attendance area. Feaster is one
of the District's most impacted schools, serving a
population of over 700 students. Six temporary relocatable
\ go' ')..{p
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June 21, 1991
Mr. Gordon Howard
Page 3
RE: IS-91-51 / Zoning Consistency study - Subarea B3-A
classrooms have been placed on the site, which is
significantly smaller than the District's current 10 acre
standard. We anticipate overflow busing more than 100
children from Feaster in School Year 1991-92. Clearly,
Feaster School cannot accommodate the existing population,
much less any new children. The same is true for other
schools in the area.
Of additional concern is the fact that the city, by
initiating these legislative actions, effectively precludes
the District's ability to assess adequate mitigation, since
when a project is proposed for this rezoned area, a
legislative act will not be required. In approving staff
recommendations for Subarea B-1, the following language was
, added with the stated intention of ensuring that the City
continues to work cooperatively with the school districts,
particularly in the areas of Chula Vista west of 1-805:
"The citv of Chula vista shall enforce anv leaal mechanism
sDOnsored bv the Chula vista School District and the
Sweetwater Union Hiah School District to mitiaate imDacts on
school facilities" (emphasis added). The District, unlike
the City, is limited to assessing full mitigation for
project impacts to cases where a legislative act is
required. Once the legislative act is completed, the
opportunity for full mitigation is lost unless the City
applies special conditions. In all cases where a
legislative act is required, the District requests full
mitigation. If the city wishes to support the District to
the fullest extent permitted by law, any City-initiated
rezonings or Plan amendments should include the condition
that subsequent development must comply with school district
mitigation requirements. Without this condition, the
adopted language is meaningless.
Approval of any General Plan Amendment or rezoning for
Subarea B3-A which increases development potential, absent
provision of adequate mitigation, will exacerbate
overcrowding at Feaster School and other western schools.
To assure that the District is able to utilize existing law
to obtain full mitigation for impacts on school facilities,
we ask that the City (1) include a condition which requires
all subsequent development proposals for these rezoned areas
to comply with school district facility mitigation
recommendations¡ or (2) adhere to the land use designations
in the General Plan and process rezonings and GPA's on a
t(.. ¡. 1
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June 21, 1991
Mr. Gordon Howard
Page 4
RE: IS-91-51 / Zoning Consistency study - Subarea B3-A
case-by-case basis, at the time development is proposed and
a legislative act is required.
To summarize, it is the District's perception that the
previous action regarding Subarea B-1, as well as the
current proposal for Subarea B3-A, contradict the policy
decision made in adopting the General Plan in 1999. With
regard to school facilities, this policy change has
significant effects, regardless of the technical zoning
issues. If it is the City's intention to increase densities
throughout the CentraljWestern area, the
facilities/infrastructure studies completed in conjunction
with the EIR for the General Plan update should be
reconsidered. This current, piecemeal multiple study area
approach only serves to segment the larger project and
disguise the cumulative effects of these numerous small
changes. It was my understanding that the remainder of the
areas in the consistency Study would be treated as a single
project, in compliance with requirements of the California
Environmental Quality Act. Clarification on this question
would be appreciated.
Please continue to notice~the District regarding this
proposal. I also ask that you notify Edward Aceves, John
Pletcher, and John Nelson, principals at Feaster, Rosebank
and vista square schools, respectively, of future meeting
dates and proposals. School addresses are included on the
enclosed list.
Thank you for the opportunity to comment.
Sincerely,
~~~o.....
Kate Shurson
Director of Planning
KS:dp
cc: George Krempl
Bob Leiter
Edward Aceves
John Pletcher
John Nelson
\¡.¡~
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,
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. Sweetwater Union High School District ,
ADMINISTRATION CENTER
1130 Fifth Avenue
Chula Vlata, Call1..,nla 81811-2880 RCr\ç'~·,~"'··~-· I
(019) 891·5500
\...'.....',. .
DIvI810n of Planning end FeeUitlel [ ~-;~
I
June 28, 1991 c" " . I
(L"'". .
~- ._~-~._.
Mr. Gordon Howard
City of Chula Vista pIAnn;"\g Department
276 Fourth Avenue
Chula Vista CaIüornia, 91911
Dear Mr. Howard:
, RE: 18-91-51 Rezone fOI General Plan Consistency
114-174 Third Ave.; 115-175 Landis Ave.
I am in receipt of the initial study prepared by the City for the above subject
general plan consistency rezoning application. The District supports the
City's efforts to bring both documents into conformity as prescribed by the
State of California pIAnnh'\g, zoning and development laws.
Ifl am correctly interpreting the "buildout" table provided in the application,
the District can anticipate approximately 111 additional units in the
Landis!l'hird Avenue neighborhood. The current student yield is 0.29
students per household; therefore, approximately 32 new students would
enter the District. The following table illustrates the anticipated student
impact by land use zone:
ZONE EXISTING BUILD-OUT NEW
DISTRICT DWELLING AND ADDED STUDENTS
UNITS HOUSEHOLDS
R-3 98 161 (+63) 18
R-3-P-22 98 122 (+24) 7
R-3-P-14 98 110 (+14) 4
R-2 98 110 (+12) 3
R-1 98 98 (0) 0
TOTAL 490 601 (+111) 32
~ f'7-~
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.
.
.
I
.
Mr. Gordon Howard
June 28, 1991
Page 2
The home schools which service Landis Avenue lL"'1d surrounding
communities are Chula Vista High School and Chula Vista Junior High
School. Presently, they are both operating beyond total capacities.
To mitigate the impacts new construction has on classrooms, the District has
required the payment of school fees as a prerequisite to obþ;n;ng building
permits; and iri some instances, requested the Civ.l to approve a development
project subject to its inclusion into a community facilities special tax district.
Depending on the type and scope of future development applications within
the area covered by this rezone, the District may request the applicant or the
. City to consider one or the other of these Mitigation measures.
Thank your for the opportunity to respond to this initial study. Should you
\ require additiorial information, please feel free to contact me a 691-5553.
Sincerely,
¡k~
Thomas Silva
Director ofplAnn;ng
l'''~ 0
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I 147 Landis Ave.
June 22, 1991
- ----- .
---.- f
I .~" ."-_-1
Douglas D. Reid
Environmental Review Coordinator
P.O. Box 1087
Chula Vista, Ca 92012
Re: Case fI IS-91-51
In reply to your notice of an initial study, for Sub area
B-3A, Case #15-91-51, location 114-174 Third Avenue, 115-
175 Landis Avenue, which I might add, is very confusing.
It does not state exactly what it is that you are planning
to do. Especially, not in language that can be understood by
land owners and taxpayers in the area.
'. After talking with people in the Planning Department and
attending a City Council Meeting, my conclusion was, you are
intending to change the stated area, from R-3 Zone to
R-1 Zone.
We purchased this home at 147 Landis Avenue, in 1960,
especially because it was an R-3 Zone. To date our plans to
add units have not materialized. But over fifty percent of
the area on the east side of the 100 block of Landis, is
rental units or condominiums.
I request the Environmental Review Coordinator, Planning
Department and the Chula Vista City Council, to retain this
area as is, R-3 Zone.
ð~r:~
Charles R. Reed, Homeo\1ner
cc: Tim Nader, Mayor
Leonard Moore, Councilman ..
David Malcolm, Councilman
Jerry Rindone, Councilman
Frank Herrera, Planning Department
.
, 1'- ~l
_._,._-,~ - .--.-- - -_...._.,..~.,.,-_...~~..,..~_..__..._-_.
,
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I
114 Third Avenue
Chula Vista, California 91910
July I, 1991
Xr. Douglas Reid
Environmental Review Coordinator
Chula Vista Planning Department
276 Fourth Avenue
Chula Vista, California 91910
Subject: Initial Study of 114-171 Third Avenue; 115-175 Landis Avenue
Dear Xr. Reid:
In response to your letter of June 17, 1991, let me begin by saying I am
delighted this study is underway. I have put in quite a bit of time to
date and I am willing to dedicate more time as needed to see this project
through to completion.
'. As to an environmental impact, I know you are aware of the present
development in this area, the traffic on Third Avenue ( a collector
street), amd the aspirations and intentions of at least some of the owners.
We have purchased this property, accepted the proximity and conveniences as
well as inconveniences of downtown Third Avenue Chula Vista, the traffic
flow as well as the employees of the conglomerate across the street
(Fredericka Manor and Convalescent Hospital) parking in front of our homes
to our inconvenience, plus whatever else might befall us, all with the
thoughts of developing our own parcels of land in the future. Certainly,
if we understood high density and were willing to tolerate all that goes
with it, we fully expect to collect our fair share of the pie. We
certainly have no intention of watching this much equity idly slip away.
Considering the amount of development within this study area, the potential
for future development is undeniable and moreso, would be a favorable and
necessary addition to our City. Senior citizen housing, professional
office space, perhaps even low income housing or small singles apartments
are only starters but great ones to consider for this area. The central
location appeals to numerous potential projects and demands to be
developed. Being in the designing and constructing business for a number
of years, I get excited considering this potential, not just for myself or
other owners, but the aspect of leaving something good as well as useful
for someone else is quite appealing.
I am aware of at least a portion of the time, effort, and energy this study
will require. Again, let me reiterate how much I appreciate this effort
and, of course. the timing. If I can be of assistance in any way, please
call on me.
Sincerely,
;l.. ~ ....: il~;' - . ~ -0
Cy hia Williams
441,/0 ÒEI..IÝÆ;e£¿) 1r.. 3z..
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. RECEIVED
June 26, 1991 LrJ; 2 8 ,~ ¡
, I
I D' -::'"7~-:-;;--1 !
130 Third Ave. . I L.'-'I···'·;':: :
Chula Vista, CA91910 . .. ':..:.--.----
Mr. Douglas D~ Reid
Environmental Review Coordinator
P.O~ Box 1087
Chula vista, CA9l911L
Dear Mr ~ Reid,
My parents bought this house when X was a little bQ¥.
X~m now in my fiftys~ My parents have long since died and
my only other relatives now make their homes in other
cities~ X have remained in Chula vista because this is
really the only home X've ever had:
'.
X plan to retire very soon; After retirement my plans
are to spend my time and savings on improving my property~
The improvements include constructing rental property in
back;
X f you reduce the zoning than, all these years of work
and saving as much as X can for çonstruction will be wasted
~ Some people can buy and build\immediately~ X would have
enjQ¥ed such a situation~ Please cancel your plans to
downzone here;
Yours truly,
Arthur J ~ Kuhns
¿Y~
t(- ~3
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25 June 1991 ¡
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¡ JUN28 ~<:Jn
To: Gordon Howard, Principal Planner i I
~ _._--- - .~
Planning Department
City of Chula Vista .. ~~.~~-._,~ ~- ..- ..._. 'p
276 Fourth Avenue
Chula Vista, CA. 91910
. Re: Zoning Review - Case No. 1S-91-5l
Mr. Howard, thank you for your explanation of the reason for the
City's review, i.e. the properties under review have been zoned
"R-3" for many years, and recently a General Plan designated the .
broad area as different use.
I strongly urge your department and the City Council to keep the
existing .zoning "R-3".
There are substantial multifamily properties within the area of
\ concern. Additionally, there are plans to develop my property
according to the "R-3" zoning - this was the intent when the
property was purchased. Furthermore, the City of Chula Vista
has collected substantial fees in regard to development plans.
Also, I have discussed the consolidation of properties with two
neighbors for the purpose of developing a multifamily project
according to the "R-3" zoning which would be consistent with
the existing multifamily properties in the area of concern.
Such a project, or projects, would benefit the City in many ways,
including the enhancement of the "city center" environment as
opposed to suburban sprawl.
Thank you for your consideration.
Allen Shaw, rustee
142 Third Avenue Please reply to: 1967 Valley View Blvd
Chu1a Vista, CA. 91910 El Cajon, CA. 92019
copy:~nmental Review Coordinator ~.~
Edward C. Muns, Esq.
ll" ~~
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June 25, 1991
Edward J~ and Kinue Benson
134 Third Avenue
Chula Vista, CA 91910
Mr~ Douglas D~ Reid
Environmental Review Coordinator
P.O~ Box 1087
Chula Vista, CA 91910
Dear Mr~ Ried and/or whomever else it may concerns
'.
We understand through neighborhood gossip that you are
planning to re-zone our property and other parcels here~ We
received a notice in the mail that in and of itself would
not make sense in any subject; It was endorsed by someone
without an indication of position or who she represented~
Therefore we did not consider it as of any importance.
Tonight, we were visited by several enraged neighbors;
After learning what was in the air we feel it important that
we tell you our feelings and situation;
The only reason we purchased this property back in 1973 was'
to build a duplex or triplex in the rear and than demolish
our dwelling in front; Because of recurring family medical
problems throughout the years we have been unable to get
enough money together to build. We've had the plans for.
such a venture stored under the bed for all these years.
This is our dream. It is the only reason we are still here. '
Perhaps we will never be able to build but, to destroy this
dream would destroy any desire to remain in Chula Vista.
We love Chula Vista~ Please don~t kick us around~
\t"- 31
-.----< -..-.....-.----.--. --~_......_.._-
TInS PAGE BLANK
,
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EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 25, 1991
ITEM 3: PUBLIC HEARING; GPA-9I-05; PCZ-9I-G: PROPOSAL TO AMEND THE
GENERAL PLAN AND REZONE CERTAIN TERRITORY, GENERALLY
BOUNDED BY 'E' STREET, 'D' STREET, THIRD A VENUE, AND LANDIS
AVENUE, TO RESOLVE GENERAL PLAN AND ZONING
INCONSISTENCIES WITHIN THE CHULA VISTA COMMUNITY - City
Initiated
Principal Planner Howard noted this was a proposed General Plan amendment and rezone for
approximately S acres located between "E" Street and "D" Street, Third Avenue and Landis
Avenue in the northern part of Chula Vista, Sub-Area B3A. A property owner forum had been
held August 1, 1991. Staff recommendation was to find that the proposal had no significant
environmental impacts, and adopt the Negative Declaration issued for 15-91-13; change
the General Plan map from low-medium JeSidential (3-6 dulac) to medium-high JeSidential, (11-
18 dulac); and to rezone from R-3 apartment zone to R-3-P-22 apartment zone, which allows
22 dulac, with a Precise Plan modifier which contains two conditions: 1) that the City of Chula
Vista shall enforce any appropriate legal mechanisms sponsored by the Chula Vista School
District and the Sweetwater Union High School District to mitigate impacts on school facilities;
and 2) that all existing non-<:onforming uses created as a result of this action shall be allowed
to be reconstructed in the event of destruction of greater than 60% of the property's
improvements upon review and approval of the Planning Commission.
Mr. Howard continued with an explanation of the current surrounding land uses. Under the
existing R-3 zone up to 145 dwelling units, or an addition of 45 units, could be built (based upon
the R-3 zone which gives density bonuses for projects built on larger lots involving smaller
dwelling unit sizes). Under the R-3-P-22 zone proposed, 122 dwelling units could be
constructed, or an addition of 22 units over the existing conditions. An R-2 or R-3-P-I4 zoning
designation would allow 14 dulac; 111 units could be built on the site, or an addition of 11
units.
Principal Planner Howard noted the both school districts reported that they currently had
overcrowded conditions in both the elementary and high school districts in Western Chula Vista.
The Chula Vista Elementary School District recommended that the existing JeSidential low-
medium designation be retained and that the area be rezoned R-I; that if individual property
owners wished to come forward with General Plan amendments individually, at that point they
could be required to provide additional mitigation for their school impacts through requiring a
Mello-Roos District or other mechanism available through the legislative process of a privately
initiated General Plan amendment.
Staff recommended the medium-high JeSidential plan designation of 11-18 units per acre, and
the R-3-P-22 apartment JeSidential zoning.
Planning Director Leiter stated that the letter received from the Chula Vista Elementary School
District concerned whether the proposed rezone and General Plan amendment would create
additional impacts on the schools and suggested a Mello-Roos District or other mechanism be
applied as part of the rezoning action to mitigate impact on schools. Mr. Leiter noted that such
a requirement would not be legal, and that the City-initiated General Plan amendment and
rezoning was necessary in order to bring the General Plan and zoning in conformance with each
other. Mr. Leiter acknowledged that there was a process going on to consider ways of
mitigating school impacts in Western Chula Vista. Senior staff members from both the City and
the School District have been involved in those discussions, and there has been an agreement
''5 ~ 34
--_.._-"'-------~--_._-
PC Minutes September 25, 1991
to do some further consideration of ways in which the City and/or the School District could set
up mechanisms for the City and School District to require developer participation in mitigation
of school impacts in this area. He informed the Commission that if a mechanism is developed
as part of those discussions, an action by the Commission to recommend approval of the
rezoning would not preclude the imposition of mechanisms for mitigating school impacts later.
Mr. Leiter said he wanted to go on record to let the School District know that was staff's
position and the City was definitely committed to continuing the process with the School District
to try to resolve those issues.
Chair Fuller clarified that language stating that the City would enforce any apy!Opliate legal
mechanisms sponsored by the school districts to mitigate impacts on school facilities was that
the City would help the school district when a way was found that they could legally do so. Mr.
Leiter concurred and stated that any action taken by the Commission would not preclude it from
happening later.
Chair Fuller asked about the inclusion of the second condition that all existing non-conforming
uses created as a result of this action could be allowed to be reconstructed in the event of
destruction of greater than 60%. Principal Planner Howard explained that it had been the
Council's action to also include that condition in the Precise Plan Modifier that all non-
conforming uses, if they were destroyed beyond the normal 60% stated in the zoning ordinance,
could be allowed to be rebuilt upon review and approval of the Commission.
This being the time and the place as advertised, the public hearing was opened.
Cynthia Williams, 114 Third Avenue, CV, said she wanted the project to go forward. However,
she wanted to keep the R-3 zoning, since she would be losing I + dwelling unit per acre with
the new designation.
Edward J. Benson, 134 Third Avenue, CV, said he had no objection to the rezone except he felt
there should be monetary compensation for the loss of the R-3. He felt the down zone to R-I
should be worth at least about $50,000 to $75,000.
Chair Fuller clarified that the rezone under discussion was to R-3 with a modifier, not R-I.
Carroll Rains, 138 Third Avenue, CV, said he was for a change, but felt the City was taking
money out of his pocket. Regarding the school impact, he felt if the R-3 zoning was maintained,
there would be less impact.
Allen Shaw, 142 Third Avenue, CV, felt the' General Plan should be amended, but he thought
the zoning should be left R-3. The difference in the number of units between an R-3 zoning and
the R-3-P-22 was only 22 units and the difference was not worth the expense, etc. with respect
to the loss and value of the property that may result from the down zoning. He also wanted to
know how the loss to the property owners would be compensated-would it be paid in cash, an
1'5,l/t>
-
PC Minutes September 25, 1991
abatement of property taxes for 20 or 30 years'! He noted also the possibility of a lawsuit. Mr.
Shaw was interested in knowing what happens to the proceeds from the lottery, and also the
fixed percentage of the California budget designated for the school system. He said the
proposed zoning encouraged larger units which would lend itself to families, as opposed to R-3
which encouraged the smaller units and would have less impact on schools.
Kate Shurson, representing Chula Vista Elementary School District, c1arified that the District
only wanted to make sure that when development occurs, schools are available to serve children
from that development. The suggestion to include a condition for all subsequent development
in the rezoned area requiring compliance with school district mitigation could take the fonn of
Mello-Roos or some other method. Ms. Shurson noted that the four schools in that area were
overflow busing 170 children, 77 of which were from Feaster which served the area under
discussion. She stated it was not true that the smaller the unit, the fewer the children. Two or
three families are living in the same unit with six or eight children living in small apartments.
Ms. Shurson concurred with Planning Director Leiter that a subcommittee composed of City
Council members and School Board members were meeting to discuss items of mutual interest.
She said the City Attorney had been asked to review the issue of the Central Chula Vista
consistency study and return to the subcommittee with comments and recommendations. She
requested the item be continued until the City Attorney returned with those comments. Ms.
Shurson said this was the opportunity for the City to assist the school districts. She said the
District does not have funds to finance expansion or construction of new facilities.
Chair Fuller reiterated that the action of the Planning Commission would not preclude any
assistance to the school districts at a later date, if a legal mechanism was found.
Commissioner Decker felt the only solution to the problem of overcrowding was to build more
schools.
Ms. Shurson explained that there was a misconception regarding lottery funds, and that schools
are only allowed to use them for special programs, not salaries or construction. The schools are
funded in the East through developer participation; there is no large-scale development in the
West. The State-authorized developer fees of $1.58 sq. ft. are collected, but are split with
Sweetwater High School District. They are considering expanding existing sites which they feel
is more economical. It is difficult to find land, and there's no money for that.
Commissioner C....;Uu suggested asking taxpayers to support the schools through a bond issue.
Ms. Shurson said it costs about $100,000 to mount a campaign, and about 17% of those
elections pass. They are not very successful, but they have been looking at it. They were
waiting to see if legislation passed which would reduce the 2/3rds requirement.
Commissioner ()I.m". was concerned about children attending the schools who do not live in
the district. Ms. Shurson answered that there had been a Student Welfare Attendance office
established two years ago. Any new enrollee of Chula Vista Elementary has to prove residency
\cs ...4\
-.-.- ._..._,._.~" "-'-~---'---'-"'-"'-'--
·
PC Minutes September 25, 1991
by showing rent receipt or deed, two pieces of permanent document. The difficult ones are
those who have been there for years.
No one else wishing to speak, the public hearing was closed.
MS (Casillas/Decker) that based on the Initial Study and comments on the Initial Study and
Negative Declaration, find that the proposed rezonings and General Plan Amendments will have
no significant environmental impacts and adopt the Negative Declaration issued on IS-91-13 for
the General Plan/Zoning Consistency Study, Subarea B-3-A.
Commissioner Martin asked why the sense of urgency, and requested clarification as to the
proposed rezoning.
Principal Planner Howard answered that it would be the R-3-P-22 zoning classification which
allowed the apartment zoned R-3 zone only with some special precise plan guidelines and a
maximum density of 22 dwelling units per acre.
Chair Fuller asked the Assistant City Attorney if there was a concern regarding lawsuits and cost
to the City. Assistant Attorney Rudolf answered that if the result of the rezone was a downzone,
unless the action of the Commission and the· Council so lowers the potential use SO it deprives
the property owner of all reasonable use of the property, it is not a taking. A reduction, as
being proposed, is not a taking under inverse condemnation law.
VOTE ON MOTION: 4-0 IN FAVOR (Commissioner Tugenberg absent; Commissioner
Carson had not yet arrived.)
MSUC (Casillas/Decker) 4-0 to adopt a resolution to change the General Plan designation for
Subarea B-3-A from Low-Medium Residential (3-6 dulac) to Medium-High Residential (11-18
du/ac).
MOTION BY COMMISSIONER CASllLAS to recommend that the City Council adopt an
ordinance to change the zoning for Subarea B-3-A from R-3 (Apartment Residential) to R-3-P-22
(Apartment Residential) with the precise plan modifier, subject to conditions 'a' and 'b'.
Assistant City Attorney Rudolf suggested that condition 'b' be revised to read: · ...of the
property's improvements only upon review and approval of the Planning Commission.·
Commissioner Casi11a~ accepted the revision to the motion. THE MOTION WAS SECONDED
BY COMMISSIONER DECKER.
VOTE ON MOTION: 4-0 IN FAVOR
\~..4:L
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CHULA VISTA ELEMENTARY SCHOOL DISTRICT 0\~\5
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
BOARD OF EDUCA 110H
JOSEPH D. CUMMINGS, Ph.D.
LARRY CUNNINGHAM F bruar 4 1992
SHARON GILES e y,
PATRICK A. JUDD
GREG R. SANDOVAL FEB-A
SUPERINTENDENT Honorable Tim Nader, Mayor L
JOHN F.VUGRIN. Ph.D. Members of the city Council CH
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: GPA 91-5, PCZ 91-G, City-initiated General Plan
and Rezone for Area B-3-A
Dear Mayor Nader and Members of the City council:
On september 25, 1991, the Planning commission recommended
that the Council approve the General Plan Amendment (GPA)
and Rezoning for Area B-3-A, despite District objections.
At a later meeting, an informal agreement was reached
whereby the District agreed not to oppose this specific
project if the three remaining areas proposed for
amendment/rezoning would be considered as a whole,
cumulative school impacts quantified, and appropriate
mitigation assessed.
The January 28, 1992, letter from Bob Leiter to Kate
shurson, which is attached to your agenda package, is
intended to confirm this agreement. While we appreciate
the intent of the letter, as the agency responsible for
providing elementary school facilities and services for
all children in Chula Vista, the District has the
expertise and knowledge required to prepare the impact
analysis and recommend mitigation for development
projects. It is not appropriate or adequate for an agency
to attempt to quantify impacts and assess mitigation for
facility impacts which are under the jurisdiction of
another agency. This must be clearly understood in terms
of our agreement regarding this project.
Thank you for your consideration.
Sincerely,
.~
perinte tlent
JFV:ks
6:2-4-bd
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NOTICE OF PUBLIC HEARING
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 zone changes and
amendments to the General Plan for approximately five acres located in Central Chula Vista.
The study area is located between Third and Landis Streets, north of "E" Street and south of
"D" Street. It consists of all of the Third-Landis "E"-"D" block except for commercially zoned
lots adjacent to "E" Street and four single-family zoned lots near "D" Street.
Initial Study IS 91-51 of possible significant environmental impacts has been conducted by the
Environmental Review Coordinator. A finding of no significant environmental impact has been
recommended to the City Council and is on fIle, along with the Initial Study, in the office of the
Planning Department. The. City Planning Commission makes the following recommendations
to the City Council: (1) Adopt a resolution to change the General Plan designation for subarea
B-3-A from Low-Medium Residential (3-6 du/ac) to Medium-High Residential (11-18 du/ac);
(2) Adopt an ordinance to change the zoning for subarea B-3-A from R-3 (Apartment
Residential) to R-3-P-22 (Apartment Residential with the precise plan modifier). Any petitions
to be submitted to the City Council must be received in the City Clerk's office no later than
noon of the hearing date.
If you wish to challenge the City's action on this zone change and General Plan amendment 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,
February 4, 1992, at 4;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
CASE NO. GPA-91-5/PCZ-91-G
I ~.! 17
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COUNCIL AGENDA SfATEMENT
ITEM: lip
MEETING DATE: 2/04/92
TITLE: Report Regar~mbershiP and Size of Chula Vista 21 Committee
SUBMITfED BY: Frank Taranti hair of Chula Vista 21 Committee
(4/5ths Vote: Yes_NolO
The Chula Vista 21 Committee was established in November of 1990 and has held monthly
meetings since January of 1991. With a committee of 21 members, at least 11 must be
present to constitute a quorum. For a variety of reasons, several Committee members have
been unable to attend recent Committee meetings, resulting in the lack of a quorum for all
or part of the last three Chula Vista 21 Committee meetings.
The lack of a quorum during most of the November 1991 and during all of the December
1991 and January 1992 meetings made it impossible for the Chula Vista 21 Committee to
take a formal vote. However, it was clearly the consensus of the members present at the
January 9, 1992 meeting (see attached draft minutes) that: (1) the lack of a quorum was
seriously hindering the progress of the Chula Vista 21 Committee; (2) all of the Committee
members have something to contribute to the Chula Vista 21 Committee; (3) it is too late
in the Chula Vista 21 Committee process to replace any members who are having difficulty
attending meetings with new members; and (4) the best solution to this problem would
be for members who are unable to attend Committee meetings regularly to resign and for
the Council to reduce the size of the Chula Vista 21 Committee accordingly.
Since the January 9,1992 Chula Vista 21 Committee meeting, Ken Harlan and KatyWright
have submitted the attached resignations, and Jose Viesca, Bill Virchis, Carl Harry and Tim
Jones have agreed to become Ex-Officio rather than full members. This would reduce the
size of the Chula Vista 21 Committee from 21 to 15 members, thus reducing the quorum
size from 11 members to 8 members.
RECOMMENDATION: That Council:
1. Accept with regret the resignations of Ken Harlan and Katy Wright from the
Chula Vista 21 Committee and direct that letters of appreciation be sent to
them.
2. Designate Jose Viesca, Bill Virchis, Carl Harry and Tim Jones as Ex-Officio
members of the Chula Vista 21 Committee.
3. Reduce the official size of the Chula Vista 21 Committee from 21 members
to 15 members (excluding Ex-Officio members who may participate but do
not have a formal vote).
1(,..1
_"_._____ ----.__.._.0'. .---..--.--.------.
PAGE 2, ITEM: II"
MEETING DA1E: 2/04/92
BOARD/COMMISSION RECOMMENDATION: As indicated in the-attached minutes of the
January 9, 1992 meeting of the Chula Vista 21 Committee, the clear consensus of the 10
members in attendance was in support of the thrust of the above recommendations. There
not being a quorum at the meeting, however, the Committee was unable to take a formal
vote.
DISCUSSION:
Since the Chula Vista 21 Committee is not an ongoing group and in fact is attempting to
complete its initial charge, the consensus of the Committee is that it would be
counterproductive to appoint new members to the Committee at this late date. Strictly
enforcing the Council Policy regarding attendance standards for
boards/commissions/committees is therefore not recommended for the Chula Vista 21
Committee, at least not at this point. Instead, the above recommendations will allow the
members who have had difficulty attending Committee meetings regularly to continue to
participate when they are available as Ex-Officio members, while reducing the official size
of the Committee and thereby enabling a quorum to be obtained more easily. I believe this
is a good solution to a problem that has been significantly interfering with the recent
progress of the Chula Vista 21 Committee.
A:QUORUM
I~ ,;L
.,----.-.. -----~--~---_.__...- - -
D'RAFT
CHULA VISTA 21 COMMITTEE
MINUTES OF THE JANUARY 9, 1992 MEETING
,
MEMBERS PRESENT: Chair Frank Tarantino, Constance Byram, L ita David, Susan
Herney, Barbara McAllister, Bobbie Morris, Marlene Rosenwald,
Naomi Ross, Judy Schulenberg, Dency Souval and Pam Smith (Ex-
Officio Member)
MEMBERS ABSENT: Vice Chair David Smith, Nicolle DePriest, Robert Garcia, Ken
Harlan, Carl Harry, Tim Jones, Suzanne Miller, Jose Viesca,
Bill Virchis, John Willett and Katy Wright
ALSO PRESENT: City Staff: Jim Thomson, Rosemary Lane, Lyman Christopher and
John Gates .
.
Chair Frank Tarantino opened the Chula Vista 21 Committee meetiRg at 5:30 p.m.,
~ånuary 9, 1992 in Conference Rooms 2 & 3 of the Public Services Building. There
not being a quorum of the Chula Vista 21 Committee present, the Committee members
in attendance decided to go ahead with part of the agenda, operating by consensus
with the understanding that any action taken by the members in attendance would
be unofficial and would require ratification by the Committee at a subsequent
time when a quorum is present.
Because of the lack of a quorum, consideration of approval of the minutes of the
November 7 and December 5, 1991 meetings was postponed until a future meeting
when a quorum is present.
REPORT OF RESOURCES SUBCOMMITTEE
Judy Schulenberg and Constance Byram, the respective Chair and Vice Chair of the
Resources Subcommittee, then summarized the results of the recent meetings of the
. Resources Subcommittee, as is more fully described in the minutes of the December
12 and October 10, 1991 meetings of the Resources Subcommittee (attached to the
Agenda for the January 9 CV 21 Conuni ttee meet i ng). They emphas i zed the Resources
Subcommittee's recommendation that, if an election is to be held regarding bond
financing, it should be a City-wide election and benefit district, not just for
the neighborhood west of I-80S. The Subcommittee therefore suggests that the CV
21 Committee consider projects that would appeal to the eastern part of the City
as well as to those who live in the western part of the City, in the Committee's
upcoming discussions about the potential funding of projects. General Obligation
bond proceeds can on ly be used for capita 1 improvements, not for operating
expenses.
They also sununarized the attached information regarding assessed valuation and
potential bond proceeds. The median or "midpoint" residential net assessed
valuation in the neighborhood west of I-80S is $58,557 and for the entire City
is $79,780. Thus at a tax rate of $50 per $100,000 of net assessed valuation,
the median household west of I-80S would pay $29.28 per year, and the median
household City-wide would pay $39.89 per year. The net bond proceeds for the
area west of I-80S wOMld range from $10.4 million to $12.8 million; for the
entire City, the net bond proceeds would range from $18 million to $22.2 million.
1
1~".3
_._~--,_._.,.....,._,...""-'------------"---'
They also di scussed the Resources SubcoßU11ittee I s suggest ion that a bond elect ion,
if held, be conducted at a special election, such as in April, June or November
of 1993. The cost of such a City-wide special election would be about $173,000.
Judy Schulenberg and other members of the Resources SubcoßU11ittee also described
the "2,000 Steps for Chula Vista" fund raising project that the Subconunittee is
recommending to the CV 21 COßU11ittee. Samples of paving bricks were presented,
as well as an outline of the SubcoßU11ittee's recoßU11endation that the first 2,000
bricks be used for walkways into Memorial Park. Depending on their selling price
as we 11 as the cost to purchase and insta 11 the bricks, the Subcommittee
estimated that $30,000 to $70,000 could be raised through the sale of 2,000
bricks.
LACK OF QUORUM PROBLEM
The Chula Vista 21 Committee members then discussed the problems that have
occurred at the November 7, December 5, and January 9 meetings as a result of not
having a quorum of the Chula Vista 21 COßU11ittee members present. The inability
to take official action is seriously hindering the progress of the Chula Vista
21 COßU11ittee, and is very frustrating for the COßU11ittee members who do attend the
meetings. The COßU11ittee also does not have the benefit of the input of the
COßU11ittee members who are absent. Since some of the members have been absent
from severa 1 meetings in a row, it appears that they may have effectively
resigned from the Chula Vista 21 COßU11ittee without submitting a formal
resignation. I
The COßU11ittee members in attendance agreed by consensus that it was too late in
the Chula Vista 21 COßU11ittee process to replace any members who have effectively
resigned from the COßU11ittee, and that it would be more appropriate instead of
replacing such members to simply reduce the official size of the Chula Vista 21
COßU11ittee so that a quorum could more readily be obtained. Staff indicated that
the City Council would be the body that could officially reduce the size of the
Chula Vista 21 COßU11ittee if some members officially resigned from the COßU11ittee.
The CV 21 COßU11ittee in attendance therefore decided that Frank Tarantino, Judy
Schulenberg, L ita David, and Marlene Rosenwald would contact the COßU11ittee
members who have missed several meetings, with the intent of encouraging them to
either start attending cOßU11ittee meetings regularly again or submit their formal
resignation to Chair Tarantino. If any such resignations are provided by January
21, 1992, an item could be placed on the Council agenda prior to the February 6
CV 21 Committee meeting recoßU11ending that the Council officially reduce the size
of the CV 21 COßU11ittee based on the number of resignations that are submitted.
If the Council takes action on reducing the size of the COßU11ittee to reflect the
number of active members, it will enable the CV 21 COßU11ittee to have quorums and
take official actions at the February and subsequent meetings.
Because of the lack of a quorum at the January 9 meeting, the members in
attendance decided to postpone discussion of any of the other items on the
January 9 agenda until the February 6 meeting.
2
110..'1
u. _," __,.._____.._______.._.~____.__u
The Resources Subcommi ttee a 1 so dec i ded to cance 1 its scheduled meeting for
January 16, so its next meeting will be scheduled for February 13 at its normal
meeting time of 5:30 p.m. in Conference Room 1 of the Public Services Building.
OTHER BUSINESS
Cha;r Tarant;no then ;nd;cated that the Cultural Arts Comm;ss;on had requested
that the Chula Vista 21 Committee support the Commission's recommendation to the
City Council that a Cultural Arts Coordinator position be approved. Since the
Chula Vista 21 Committee, at a previous meeting at which a quorum was present,
had voted to support the establishment of a Cultural Arts Coordinator position,
it was the consensus of the members present at the January 9 meeting that it
. would be appropriate for Chair Tarantino to send a letter to the City Council
indicating that the Chula Vista 21 Committee had previously voted to support the
establishment of a Cultural Arts Coordinator position.
ADJOURNMENT
Chair Tarantino adjourned the meeting of the Chula Vista 21 Committee at 6:15
p.m. to the February 6, 1992 meeting scheduled for 5:15 p.m. in Conference Rooms
2 & 3 of the Public Services Building.
.
R spectfully submitted,
/~
Deputy City Manager
.
3
II., .S
.,. . _"._____~_M._.."__..__._".
~----,..".- , .~ ,,~,
--
January 16, 1992
City of Chula Vista
Re: "21" Committee
Assistant City Manager: Jim Thompson
Dear Jim:
I spoke with Franl< Tarantino this pa:;t week (at length) and it appears my resignation
would help, getting the quorum needed at some of the '21' meetings.
I have found a 'new love' in the Northwest and have lost my "heart,' so it seems
appropriate to step aside and let the rest of the world go by. (Retirement shouldn't be
too bad!)
I have truly enjoyed being involved what little I was, and have learned a lot, with "21.'
If you have an opportunity at the next meeting please pass along my thanks for a
chance to sit with some very nice. bright, educated folks and to be a part of the
democratic process.
'Old Chula Vista' is in for some big changes in the next 20 years and "good people,"
leadership and a little more "water" will help--
Good Luck to You All
~~¡¡
Ken Harlan
l~-~
_..__....._-"._-,~.--,--_._-_._~.
!
- ..- ~-- -
January"29¡ 1992
Honorable Tim Nader
Mayor of Chula Vista
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vhto. CA 91910
REI Chula Vista 21 Committee
Oe.r Mayor Hader:
Recently I have dec~ded to pursue a MasterS degree and Þave been accepted to a
program beginning soon. As a result, I feel I am unable to give the e~propriate
amount of time to the Chula Vista 21 Committee. 1 therefore regret t at I must
offer my resignatio~ from the Committee.
Thank you for the opportunity to work with the Committee.
Sine: ~;IJ~
Kat)' ight
Ib-1
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.,:;:~~ ~~rt- Until the 'end of the fi.'
'""oct. -~_nk"-~i';, Union Sep" 30 '0 spend $15l
b;ill}CI¡ iI ~ ~rk"" ~fore Jm g Casey's st~tements re,
¡¡e<ll¡ ;;:nk 'a",year. Democrats skept,c,sm
Sill} ~ Union currentJy operates 56 ing further funding for t
SUI}ct. branches in San D,ego County and "The RTC needs to tT
'eo claims a 10% market share of the careful caJculation of wi
It: Sunday banking hours local commercial banking business, OVer what period of t
P^ succossful over a tost per,od The Sunday banking hours are Sen. Paul Sarbanes 0::
" " /¡¡ ng up to a year. Umon.. Bank designed to "Position Union Bank does not seem a very sel
open a "small proportIon of,ts as the most convenient bank to do to proceed to seek an
I J business wIth:' Hartnack said. bi/Jion when the $25 bil
SAN DIEGO COUNTY '., ,.
" At its Ralph's locatIOns. Umon carry you Until October.
180 statewIde locatIons for Sunday Bank offers aU traditional banking Committee Chairma
business, said Richard C. Hartnack, services except safety deposit box Riegle (D-Mich.) Wa
Union Bank's board vice chairman rentals and "large business loans:' miffed when Casey told
and head of its community banking a spokesman said. the RTC wouldn't have a
group. , financial report for 1991
Union Bank. which has $16.5 The four UnIOn Bank branches
biUion in assets, will become the to be open Sundays from 11 a.m. to
fIrst major California bank to offer 3 p.m, are on Genesee, A venue and
Sunday service at free-standing M,ra Mesa Boulevard In San DIego. TH Ff
offices. Since 1990. Union Bank has Third Street In Chula V,sta, and on RI (;;
offered Sunday banking services MIssIOn Gorge Road In Santee. ....
within 19 Ralph's supermarket 10- -CHRIS KRAUL
cations in Southern California, in- '. S&Ls Apr
Cluding 7 Ralph's in San Diego - Bumble Bee Seafoods. whIch lS ..t-'
County. headquartered in San Diego, said
The extended hours are a sign of Wednesday Jt WIU layoff approXl_ Continued from DI
I the increasingly competitive busi- mately 120 workers. or 40% of ItS . H F. Ahmanson, Los A
: ness climate in California banking work force. at ItS Santa Fe Sprtngs based parent of Home Sal
I and of how the term "banker's tuna canmng faclllly effectIve A, d $64
" ' , March 27 mertca. paste a _
: hours IS taking on a whole new. fourth-quarter profit, Or 51
and perhaps less pejorat,ve mean_ The layoffs are part of a move to share. compared to $475.000
' '".. ··"",m'" 'oo",'" '" ""'"",,' ..", "" , ..~. , '"
( Accordmg to the California costs" at the faciJity that employs a Profits for 1991 rose 29% to
' Bankers Assn.. only Fremont Bank new tuna loining process that is in million, or $2.06 a share,
3 in Northern CaJifornia now offers the development stage,
· regular Sunday service in stand_ The process "has not fully . Great Western ,Fma.,
· alone branches. However. San Die- achieved the manufacturing Cost profIts were $71.5 m,llion, 5.
- go Trust & Savings Bank is expect- redUctions initiaUy expected:' the a share, In, the fourth. ql
ed to announce Friday that it wiU COmpany said in a release. Bumble contrasted w'th a $62,3-mll/l<
open a Sunday "emergency bank· Bee Seafoods says it is the second a year earlier, For the year,
ing" center in the Kearny Mesa largest selJing brand of tuna in the lOgs at the Beverly HIlls
area. a SOurce saId Wednesday, United States. more than doubled to $298 m
The hours. eXact location and Bumble Bee Seafoods' 120 em- or $224 a sharc.
Opening date of the San Diego ployees at its San Diego corporate . Oakland-based Golden
Trust & Savings branch were not headquarters wi/I not be affected Financial. parent of World
available Wednesday. by the layoffs, a spokeswoman said ings. saw its earnings rise by
Hartnack saId Sunday banking Wednesday. in the fourth quarter to $64 ml
or $1 per share, and by 31 % to
million. Or $3.76 a sharc. for a
JOBS: CO un cil Opposes Sale '~~"'""'."""""'ffi .
Continued from DI 'KeUo¡;¡¡;¡. who described himself has been undergoing a. revam"
200 fuselages from McDonnell ~ the "most pro- business Îiêrson posted a profIt 01 $20,0 mlllroll
Douglas. according to Convair ex- on lLQn¡;¡ Bea£~ItYl eOuncit:. 60 cents a share. 10 ItS I,scal s«,
lve withdrew his resolution "because I '"I quarter. contrasted with a los,
ecu, s'. " knew that the Votes Wërë-nor. $113.7 mil/ion. or $3,33 a shar<
,. But 0 Connor .~alntalned that lJiÚe-:",'Kefiogg sãid most COuncil year earHer.
there IS real fear. among G;'~~~f: 1I1rnlbeŒ"ãoIJ'W¡jIJl~e ? . Coasrs earnings in the fl:
j ~~~a~:~s b~mf~~¡e;~ ~~o~~ers in imprf.SSia':-lQ-M.CDonn!!ID~~glaS 1991 quarter amOunted to $]1
I ~, "f hi' I t d that they re not supporttng l1Je m,IHon, or 63 cents a share. COI
a""an I t e sa e IS camp e e , ~!!.~COmpány---:--,_ pared to $50.1 milHon. or $3, 1&
The resolutions approved in San Kellogg said that The proposed share, a year earHer. All of its 19
Diego and BeHflower were sale would eliminate jabs in fourth-quarter profit came from
prOmpted by a labor-led group that SOuthern California and result in huge one-time gatn. For 199]. II
includes the International Assn, of the transfer of aerospace technolo_ Los Angeles thrlft's earn in;
Machinists and the United Auto- gy that could one day be used soared to $41,7 milHon, Or $2,60
mobile Workers. two unions that against U.S. soldiers, The proposed share. from just $2,9 mIllion a yo¡,
represent several thousand aero- deal "could come back to haunt the earHer,
space workers tn SOuthern Cal,for_ U.s. on some future battlefIeld:' California's thrifts have benefJl
nia. Kellogg said,
\, .--
t\ MEMORANDUM 43
-
date January 16, 1992
to Mayor & City Council
from Jêffrey A. Kellogg, Vice Mayor/Councilmember - District Eight
subject AGENDA ITEM FOR JANUARY 21 - McDONNELL DOUGLAS/TAIVAN MERGER
I am very concerned about the significant impact that the
proposed partnêrship between McDonnell Douglas and Taiwan
Aerospace will have on our local economy and jobs market,
as well as the potential harm of transferring American ;S
technology to a foreign country. c·
c... r_
:Þ !~(?:.:::'
z C'.'~~
I would like to discu~s possible alternatives. including - !":ì',*,< 1:---:-
lobbying elected officials' to devise an American solution en .:; t,'"') ~~'
for providing short-term financial assistance in lieu of - ','.--
x :T.:,:~ ~.;::
foreign investment. - r"", :.::.'
- ::>-'''''' .
..
'"
One possibil ity would ~e,for. the Çou:9cil to adopt a <.II '.
resolution and then write t~ Ca1ifornia's congressional
delegation, sol iciting thei!" support-: Your suggestions
and ideas would be fuost wëlcomed.
...
, .
cc: Evan Anderson Braude
Doug Drummond
Wa 1 lace Edgerton
Tom Clark
les Rabbi ns
Clarence Smith
Ray Grabinski
Warren Harwood
Shelba Powell, City Clerk
¡Betsy, x 6685
trg tB:xh CD.
s...... ":1 ~
T -:T":'L ;:'. C'-
"0"'__-
u~~~ ~~~~~. ~
Ref 'd. to City At t 19 . REFER TO CITY ATTORNEY the following damage claims:
Alvin Anderson $ '790.50
Bradley C. Baumann 200.00+
Mario casillas 288.00
Michael P. Cook 204.95+
Irene Ford 762.00
Tyrone Howard 32.49
Lisa Kaptano 250.00
Anthony D. Martinez . 3,070.60
susan and Kenneth Michelsen; and
Jennifer Michelsen, by and through
her Guardian ad Litem, Susan
Michelsen; and Frances Michelsen 10,000,000.00
Mickey's Belmont, Inc. 190.00
Lucia ortiz 730.18
Robert Lee Pultz 250,000.00
Anthony Ragsdale Amount Unknown
Paula Kay Razo 8,972 . 00
Frank R. Rodriquez 6,067.00
An\í~ndo Sabat 5,000,000.00
Herman swisher (2) 798.69+
Jewell Wade Amount unknown
Derek Walter Zirkle Amount Unknown
SUGGESTED ACTION: CONCUR IN RECOMMENDATIONS ON CONSENT CALENDAR.
REGULAR AGEHDA
DEPARTMENTAL COMMUNICATIONS:
Approved and 20. Mayor Ernie Kell, recommending establishment of the
adopted Resolution Queen Mary Area Development Advisory Committee
No. C-25184. pursuant to draft Resolution as attached.
P. I> F. 21. Vice-Mayor, Jeff Kellogg, Eighth District,
'\oc¿'\Je.6, t¡ -!f~d recommendinq that the Council adopt a Resolution and
solicit support .from the California Congressional
delegation regarding devising an American solution for
providinq short-term financial assistance in lieu of
foreign investment for partnership between MoDonnell
Do~qla. and Taiwan Aerospace.
Ref'd. back to 22. Vice-Kayor Jeff Kellogg, Eighth District, Chair,
Legislation Committee. Legislation Committee, recommending that
communications regarding the Conflict of Interest and
Ethics Proposal be received and the revised draft
dated November 13, 1991 approved. (Vice-Mayor Jeff
Kelloqq, submittinq draft dated January 17, 199Z of
Recommended Provisions for a "Conflict of Interest and
GQvernment Ethics COdew for the City of Long Beach.)
Suggested Action: Concur in recommendation of
Committ.e.
-3-
_______.'..+__m_____.__,.._
i .\ J
n j!~'i:/
, ~- ¡ - . -/\1
I i' I . j .
i( ,
f
l February 3, 1992
TO: Council member Jerry Rindone
FROM: John D. Goss, City Manager (
SUBJECT: Questions/Responses regardtng February 4, 1992 Council Agenda
Item 12 - Consultant Agreement with Willdan Associates and Thomas O. Meade
1. What are the hourly rates charged by the consultants Willdan Assoc. and
Thomas Meade.
Thomas Meade charges $95 per hour. Willdan's charges are based on the attached
schedule of charges (Attachment A). The actual charges are based on the
classification of the individual working on the project, and range from a low of $40
per hour for clerical (Word Processing) to $123 per hour for Regional Manager.
Although these contracts are based on flat amounts, this extra work is work that is
over and above that normally included in assessment districts as discussed in the
Council Agenda Statement. These hourly rates were used by the consultants to
determine the total cost of the extra work.
Item 13 - Amending Contract with Robert Bein, Wiliam Frost and Associates
1. Was it the City's engineers or the contractual engineers that miscalculated and
approved only a single 60" RCP at Broadway which may act like a bottleneck
for the existing lateral drainage system?
The single 60" RCP, which acts like a bottleneck, was not constructed by the City of
Chula Vista. This part of the drainage system was constructed under the jurisdiction
of the County of San Diego in 1979. At that time, the County only required a design
based on a 5 year storm. When the City annexed the Montgomery area we inherited
this substandard design.
In preparing the improvement plans for this section of Broadway, we also reviewed
the drainage system in more detail and discovered that the remainder of the
Harborside drainage sub-basin would accommodate a larger storm event, in most
sections at least a fifty year storm, and, therefore, determined that it would be most
cost effective to upgrade the existing 60" RCP with this project. This construction
will alleviate upstream backups during heavier storms including that in the existing
open channel at 1070/72 Fifth Avenue.
.-----..
Council member Rindone
February 3, 1992
Page 2
2. When was the last ten-year flood experienced in Chula Vista?
The last ten-year, or greater, storm in Chula Vista occurred on March 1, 1991,
according to the County Flood Control District. The previous ten-year, or greater,
event occurred in 1985.
Item 14 - Upgrade Admin. Office Asst. II to Admin Office Asst. 11\
1. As Item 14 is presented, the recommendation is tantamount to a promotion for
a single individual. Why would the Council be requested to approve such a
personnel practice?
It is the position that is proposed for upgrade, not an individual. It is Engineering's
anticipation to hire someone from the transfer list. After reviewing the potential
transfers, it is our intention to offer this position to Diana Vargas.
2. Did Personnel consider posting the Admin Office Asst. III position when
app~oved instead of providing a promotion of an individual through the process
of reclassification.
As mentioned in the answer to question 1, this upgrade will not provide a promotion
for an individual but a lateral transfer for an existing employee.
3. Who was holding the one current Admin. Office Asst. II position in the
Engineering Division?
Robert Beamon is the current incumbent of the Admin. Office Asst. II position. It is
anticipated that he will be taking an open Admin. Office Specialist position in
Engineering. He has competed through the open recruitment process for the Admin.
Office Specialist position.
4. How many Admin. Office Assistant II positions are budgeted for throughout all
departments and divisions within the City?
There are currently seven budgeted Admin. Office Assistant II positions throughout
the City.
_.._--"----.-- .
Council member Rindone
February 3, 1992
Page 3
Item 15 - Public Hearing: General Plan Amendment, Recommendation 3-b
1. On page 15-2 recommendation 3b states "All existing nonconforming uses
created as a result of this action shall be allowed to be reconstructed in the
event of destruction of greater than 60 percent of the property's improvements
only upon review and approval of the Planning Commission". Please explain
recommendation 3b in greater detail.
This recommendation deals with existing structures in the area to be rezoned which
would be made non-conforming (Le. the existing density, height, etc. of the
development is not allowed by the newly adopted zoning) by the proposed rezone.
Under normal circumstances, any building which does not conform to zoning that is
damaged more than sixty percent of its value may not be restored or reconstructed
and used as before the damage, but must be reconstructed to fully conform with the
new zoning in place. As a hypothetical example, an existing apartment building which
is located in an area that, subsequent to its construction, was rezoned to R-1 (Single-
family residential) may not be reconstructed if it is completely destroyed by fire -- only
a single-family residence may be placed on the now-vacant property. This rule is
codified in Section 19.64.150 of the Zoning Ordinance.
With the placement of Recommendation 3-B in the Precise Plan Zoning for the area
under consideration for rezone, an existing apartment house in this area which is
damaged more than 60% of its value may be reconstructed to its existing density,
even if that densitv is areater than that allowed bv the rezonina, if the rebuilding is
reviewed and approved by the Planning Commission. As an example, if this subarea
is rezoned as recommended by staff, the Del Neva Condominium Complex at 166
Third Avenue (26 units) will have a density which exceeds the maximum density
allowed by the new zoning. If the complex is completely or substantially destroyed,
the owners would have the right to apply for reconstruction of all 26 condominiums
and have the Planning Commission review and potentially approve the reconstruction.
Under the standard Zoning Ordinance language of Section 19.164.150, the owners
would only be allowed to reconstruct 21 units (the maximum number allowed by the
new proposed zoning of 22 dwelling units per acre).
This provision was added to the first Zoning Consistency Subarea (Subarea B-1) in
April 1991 by the Planning Commission and affirmed by the City Council in June of
1991, in order to protect owners of existing multi-family units who would otherwise
be adversely affected by the reduction in density allowed by the new zoning on their
properties. Based on this previous Council action, staff recommends the addition of
this language to this Zoning Consistency subarea as well.
Councilmember Rindone
February 3. 1992
Page 4
AGENCY AGENDA
Item 7 - Pacific Scene. Inc.
1. Why was this item not an action item? Please explain.
This agenda item was listed on the consent calendar because of previous Agency
action appropriating funds for the purpose of reimbursing the developer for planning
costs. The Trolley Center is one of the Agency's top six priority projects and
substantial progress toward the successful completion of the project is being made.
The final EIR was approved by the Planning Commission on January 22 and will be
before Council on February 18.
.
B:\(A 1 13J\RJNDONE.24
- .____n___"
~a:t:ar~"<eer ............... ...................
Divialon Manager. . . . . . I I . . . . . . . . . I . . . . . . . . . . . I . . . .
aty.Eualn~ ... I . . . . . . . . . . . . I . .. . . . . . . . . . . . . . . I . .
SU~l!DgiDeer '0".. "' t....., I.. '.,1... _.....
SCDiar Bajlnoer . , I . . . . I . t I . . . . . I. . . . . . . . . . . . . . ',' . .
SlI1Ior TruspottatiOD PlaDner I...... I . . I . I .. . . I I . . . . .
Au4?dat~ .J!ciinet! .... t'. . . . ".' . . . . . . . . . I . . . . . . . . . . .
R"I'JlI~AaIOCJate . I..................,.........
ScD10r DCI1JI1ef . . It. . , . . I . . . I. . . . . I I . . . . . t . . . , , I . .
AaaocIate Trwportatiou Planner .... I . . . . I . . . . , . . . . . . .
Deaipcr (CADD) ...... I . . . . I I . . . . . . . . . I . . . . . . I . . .
Senior Public Worb Ob&erver ........................
Senior Deaian E.asincer ... 1.,................. ._.. ...
Senior DratiCr . I . . . . . . . . . . . I . . . I . t . . . . . . . . . . . I . . . .
Auiatut TrlDlportatiOD Plauner .................. I . . . .
DCIiaD~eer .0... ..t..... '" .O'.....t .... II'..
Pu.bIIC Works ObscNCr ....... I . . . . . . . . . . . I I .. . . . . . . .
Doaiper ., I.... I.... I 1.1. . ....... I " ... I..... . ...
Drafter (CADD) ................. I . . . . . . . . . . . . . . . .
Drafter .... I . . I . . . . . . . . . . . . . . . . . . . .. . . . . I . . . .". . . . .
JllIIior Drafter (Technical Aide) .......................
RQI~rtv SeMoU
Supe -Real Property Servicea . . . . . . . . . . . . . . . . . . . . . .
Senior Real Property Agent ...........................
Real Property.Agent ...................... I . . . . . . . .
AublaDtReaI~er>'Agent ........................
Real Property'I'i 'aau . .. . . . . . . . . . . . . . . . . . . . . . . . . . .
Su""~'4D1 .
Supt.n'1IOr-$un-ey ............... I . . . . I . . . . . . I . . . . . .
Fal!IJltv ~1i.ri~nD'
Supv, se' Districlll ..............................
SclIlor c:W Diatriclll Coordinator ....................
Special istric:ts Coordinator .........................
Special Districtl Analyst II". . ...... ... .. f ..... ..... . . ..
Special Dlstrlcts Analyst I . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BulJdlnD'
Supel'YiainePIan ChcdcEnp,eer ......................
Pllo Ch~Enainecr ............ I I.................
Supvr, BuiI~ In.spectiOD ...........................
Plans ~.....Iner ...................................
BulIding lnap:ctor .................................
Permit Spcca1ist ................................,.
Uindr;:re .....,hlteetu....
Princi Landscape Architect . .. .. . . . . . . .. . .. . . .. . .. ..
Sr. Lancllcape Architect .............................
Auoclate LancllcapeArchitect ........................
AWtut J-"q"'.Qpe. Architect ........................
.ntIw: .
Word PrClCelllllS .................................. 40.00
EDaiDoeriDg Worbtatioe Time ....................... 2$.00
PCl'IOIIal Computer Time ........................... 15.00
Couultatlon In COllIlec:tion with lIt1ptjOD IUd court appearlUCCI will be quoted leparltely. Additional
bjlllns cluaificatioDlmay be add~ to the above llstlua dllriDg the year as lIew P9IltiODl are created. The
abovi lChedule is for Itraight time. Overtime wiU 1:ie cl1araed at 1.25 limes the stBlldard hourly rates.
SUlldays and holidays will 1:ie charged at 1.70 times the .tanoard hourly rates. .
It should be noled that the forllllolng ~e rates are effec:llve lhrol!&h JUlIe 30, 1992. The ralCl may be
adjUlted after that date to compensate for labor adjUlllDents and ollier Increases In labor cosl$. '\Xl
WILLDAN ASSOCIATES
SCH1tOULE OF FEE.'; FOR PROFESSIONAL SERVICES
J Illy 1, 1991 . JllDe 30, 1992
n .As.~mCATlnN
~\tj-O:fee.I\I.'.Pl
~--.. .
(Attachment A)
FEE RATE
PER HOllR
5123.00
113.00
113.00
102.00
92000
!l2.00
84.00
84.00
76.00
76.00
76.00
70.00
70.00
64.00
64.00
64.00
60.00
59.00
59.00
51.00
43.00
98.00
92.00
84.00
64.00
SO.OO
90.00
100.00
90.00
84.00
67.00
S6.00
r
98.00
82.00
73.00
70.00
63.00
45.00
92.00
76.00
70.00
59.00
r~
.
,
.