HomeMy WebLinkAboutAgenda Packet 1995/02/21
"I declar ~ ,,:ier penalty of perfury thlt f 1m
employe:1 "'1 the City 01 Chula Vist~ In the
Office 01 ',he City Clerk and th¡¡,t I po~ted
this Agenda/Notice on the Bulletin Board at
Tuesday, February 21, 1995 the Public ervl e~u¡lding and Jlt ity a~. Council Chambers
6:00 p.m. DATED· SIGNED --;-- _&~;Public Services Building
Re2ular Meetin2 of the Citv of Chula Vista Cit~ou~cil
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Moot _, Padilla _, Rindone _, and Mayor
Horton -
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: February 14, 1995 (Special Meeting) and February 14, 1995 (Regular
Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the days of February 24, 25, and 26, 1995 as Kent Froede Memorial Classic
Days in the City. Mayor Horton will present the proclamations to AI and Maryann Froede,
parents of Kent Froede; and to Mark Smolanovich, originator of the Kent Froede Memorial
Classic.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any JingJ actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through /0)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
from the Closed Session of 2/14/95. It is recommended that the letter be received and filed.
b. Letter of resignation from the Resource Conservation Commission - Dr. Joseph Ghougassian,
P. O. Box 121456, Chula Vista, CA 91912. It is recommended that the resignation be accepted
and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's
Office and the Public Library.
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Agenda -2- February 21, 1995
6. ORDINANCE 2621 CREATING A IDGH TECH/BIO TECH ZONE, CREATING A
SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE
HIGH TECH/BIO TECH ZONE OF THE CITY, AND DELEGATING
CERTAIN AUTHORITY TO SAID SUBCOMMITTEE (second readiDl! and
adootion) - The proposal is to officially implement previously approved project
processing streamlining measures within the EastLake Business Center and
EastLake Planned Community. Staff recommends Council place the ordinances
on second reading and adoption. (Director of Planning and Director of
Community Development)
7. ORDINANCE 2626 AMENDING THE BA YFRONT SPECIFIC PLAN SPECIFICALLY
SECTION 19.86.003(F) OF THE MUNICIPAL CODE IN ORDER TO
IMPLEMENT PROPOSED MODIFICATION THERETO AS ADOPTED
BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9,
1995 FOR THE CERTIFIED LOCAL COASTAL PROGRAM
AMENDMENT NUMBER 12 (second readin2 and adootion) - At the 2/9/95
California Coastal Commission meeting, Local Coastal Program Amendment
Number 12 was approved with modifications. Council is now accepting the
Commission's action and adopting the suggested modifications. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Community Development)
8. RESOLUTION 17812 ACCEPTING A GRANT DONATION OF SOLID TWO DOOR REACH-IN
FREEZER FROM THE SAN DIEGO LAW ENFORCEMENT
FOUNDATION - The Police Department applied for a grant through the San
Diego Law Enforcement Foundation for a freezer unit to store and preserve
fragile biological evidence. On 12/22/94, notice was received that the request
was approved. Staff recommends approval of the resolution. (Chief of Police)
9. RESOLUTION 17813 APPROVING A BOUNDARY LOT ADJUSTMENT AT 815 CORRAL
COURT IN THE ROBINHOOD DEVELOPMENT AND AUTHORIZING
THE MAYOR TO EXECUTE GRANT DEEDS - At 815 Corral Court, the
resident extended the property pad approximately 11 feet into Open Space land
by building a retaining wall and wooden deck. The resident has requested a
boundary adjustment and a land swap to mitigate the encroachment into City
Open Space land. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
lOA RESOLUTION 17814 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 95-03, EASTLAKE SOUTH GREENS, UNIT
20 (VENT ANA) - On 12/20/94 by Resolution 17774, Council approved the
Tentative Subdivision Map for Tract 95-03, Parcel R-20 of EastLake South
Greens known as Ventana. Council also approved on 7/18/89 by Resolution
15200 the Tentative Subdivision Map for Tract 88-3, EastLake Greens which
contains an unfulfilled condition of approval relevant to Ventana. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17815 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER
17774 AND 15200 APPROVING A TENTATIVE SUBDIVISION MAP FOR
PARCEL R-20, KNOWN AS VENTANA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
* * END OF CONSENT CALENDAR * *
Agenda -3- February 21, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by low. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to tuúJress the City Council on any subject matter within the
Council'sjurisdiction that is!1!l1 an item on this agenda for public discussion. (State low, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
tuúJress the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and tuúJress for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of.the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
11. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
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Agenda 4- February 21, 1995
OTHER BUSINESS
13. CITY MANAGER'S RtPORTIS)
a. Scheduling of meetings.
14. MAYOR'S REPORTfS)
a. Resource Conservation Commission Referral on Attendance.
15. COUNCIL COMMENTS
Councilmember Rindone
a. The Asia Foundation and United States-Asia Environmental Partnership - Yasmin Arquiza.
b. Budget Process: (1) Eliminate practice of funding non-specific encumbrances from previous
year's budget; and (2) Establish procedures for authorizing expenditures from Mayor/Council
annual budget. Continued from the meeting of 217/95.
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a clased
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govermnent Code Section 54956.9
· Christopher vs. the City of Chula Vista.
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
· City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
· Metro Sewer Adjustment Billing (water reclamation and expansion costs).
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Agenda -5- February 21, 1995
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management,
Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western
Council of Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Govermnent Code Section
54956.8
. Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16) or
894 Energy Way, Chula Vista, CA (parcel Number 644-182-07 and
644-182-08). As and for transfer station.
Negotiating parties: Director of Community Development.
Under negotiations: Price and terms of payment.
17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February 28,
1995 at 6:00 p.m. in the City Council Chambers.
A Regular Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
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COUNCIL AGENDA STATEMENT 7"ev
Item
Meeting Date~ ~I , '95
ITEM TITLE: Proclamations recognizing Kent Froede Memorial Classic Days
SUBMITTED BY: Deputy Mayor Jerry R. Rindone (4/5ths vote: Yes_ N~)
The two copies of the proclamation will be presented to Mr. Al and
Mrs. Maryann Froede, parents of Kent Froede; and to Mr. Mark
smolanovich, originator of the Kent Froede Memorial Classic.
The days of February 24, 25, & 26 will be proclaimed Kent
Froede Memorial Classic Days in the city 'of Chula Vista,
California.
Form A-I13 (Rev. 11/79)
tjt:k'/
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PROCLAIMING THE DAYS OF FEBRUARY 24,25 & 26, 1995 AS
KENT FROEDE MEMORIAL CLASSIC DAYS
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the Kent Froede Memorial Softball Classic Tournament was created
in memory of Kent Froede, former Chula Vista High and Southwestern College baseball
standout and local sports star and business man who died in December 1986 of cancer;
and
WHEREAS, proceeds from this annual event help support the American Cancer
Society programs of patient services, cancer detection and prevention, education and
research including Camp Reach for the Sky; and
WHEREAS, the Ninth Annual Classic will begin with a golf tournament on Friday,
February 24, followed that evening with a pre-tournament gathering at the South Bay
Banquet Center followed by the softball tournament games on Saturday, February 25
and Sunday, February 26 at Rohr Park on Sweetwater Road in Bonita:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby declare the days of February 24, 25 and 26, 1995 as KENT
FROEDE MEMORIAL CLASSIC DAYS in the City of Chula Vista and encourage our
citizens to attend the above events as an indication of our support in this continuing
crusade against cancer. FURTHER, I extend my personal best wishes to all participants
in the Ninth Annual Froede Classic Memorial for an enjoyable and successful event.
J/w-';"
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February 16, 1995
TO: The Honorable Mayor and City Council
FROM: John D. Goss, city Manager:S:&~ $.vJrJ-..-)
SUBJECT: City Council Meeting of February 21, 1995
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, February 21, 1995. Comments
regarding the written Communications are as follows:
5a. This is a letter from the city Attorney stating that there
were no observed reportable actions taken from the Closed
Session of 2/14/95. IT IS RECOMMENDED THAT THIS LETTER BE
RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT DR. JOSEPH GHOUGASSIAN'S RESIGNATION
FROM THE RESOURCE CONSERVATION COMMISSION BE ACCEPTED AND THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 15, 1995
To: The Honorable Mayor and city cou~
From: Bruce M. Boogaard, City Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 2/14/95
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 2/14/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
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ARABIAN GULF CONSULTANT~';I ,--~-' '. ,
PO Box 121456· Chula Vista, California 91912· USA ,.,~ __.:... .'. . ¡;;:l
(619) 476-7847· Fax (619) 427-5517 I'" r ' 1 ':1
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February 3, 1995 ~ ~
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The Honorable Shirley Horton ::0
:;:Jr;:;!: - 1"11
Mayor of the city of Chula Vista -~ Q -
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276 Fourth Ave "T¡< ." 1"11
Chula Vi,ta, CA '~~ ..,,- - 0
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Dear M~n: . -,
,-
After much thinking I have decided to resign from the
Resource Conservation Commission, for the following reason:
I find a redundancy in the decision making process between
the RCC and the Planning Commission, with the added results
of delays and costs being forced on businesses.
As a businessman and a member of the Governor's Council
on Economic Development, we advocate the need of
streamlining the permit process, by eliminating duplications
in reviews of project.
During my years of service on the RCC, I have noticed
that the Planning Commission would always review whatever
was previously reviewed by the RCC. I have seen
contractors go through the motion of delays, and suffer
added costs, because of the many bureaucratic layers of
reviews and approvals with respect to business permit.
One way of streamlining the permit process is to
eliminate the RCC from the review and approval process for
land use activities and land development.
In concluding, I would like to thank you, the City
Council and the members of the RCC for giving me the
opportunity to serve the citizens of the city of Chula
vista.
.
ce,' Personal regards,
WRln'EN COM"Al§Š\¡J~ '" '¡¡,"
.. ",. . "k·"\\ .' ¡¡ "'"
Ghougassian ~ ,;«(..ZfjÇ
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cc: CITY ~
COUNCIL AGENDA STATEMENT
Item ¿, ~
Meetin~ Date 2I1AWr ;2!7S
"i\O '"
ITEM TITLE: a) Ordinance 2621 Creating a High T~B~h Zone, creating a
Subcommittee to govem certain~~~ liln the High Tech/Biotech Zone
of the City, and delegatinB~ authority to said subcommittee (second
readina and adoption)';)'t.G
~ Ordinance 2622 Approving amendments to the EastLake Planning
1/1j;if' Community District Regulations and adopting Negative Declaration on IS-95-
) 11 (second readina and adoption)
SUBMITTED BY: Director of Planning IÇ
Director of Community Development C~ .
City Attomey
REVIEWED BY: City Manager (4/5ths Vote: Yes_No->
BACKGROUND:
Ordinance 2621 and 2622, implementing aspects of the High Tech/Biotech Zone, were introduced on January
24, 1995, and brought to council for second reading on February 7, 1995, Council requested that the
language related to the subcommittee's role conceming economic incentives be clarified per Council's input
and be retumed at the next meeting.
RECOMMENDATION: That Council adopt Ordinance 2621, and adopt Ordinance 2622 deleting Section C.III,
BOARDS/COMMISSIONS RECOMMENDATION; Not applicable.
DISCUSSION:
On January 24, 1995, Council introduced the above referenced ordinances to implement the High
tech/Biotech Zone and related fast-tracking business development incentives as directed by Council on May
24, 1994.
Specifically, Ordinance 2622 amends the Eastlake Planned Community District Regulations to eliminate
overlapping of multi-jurisdictional regulations and to identify targeted High Tech and Biotech uses as
permitted uses. Ordinance 2622 (amending EastLake Planned Community District Regulations) is retumed
without changes.
Ordinance 2621 establishes the Zone and its boundaries (EastLake Business Park, Phase I and II) and
creates a ~ouncil Subcommittee to which the authority of both the Planning Commission and Design
Review Committee is delegated. While apparently the language in Section C.III was unclear, the ordinance,
as originally proposed, was also intended to enable Council to delegate advisory authority to the
subcommittee related to providing economic incentives to individual companies - with such authority to be
defined and authorized by Council via future agreements with EastLake (as adopted by Council) or
via future city policy (as adopted by Council).Staff felt that a recommendation could more appropriately
be made regarding the Subcommittee's role conceming economic incentives when Council receives the
proposed Agreement with EastLake which will provide the overall mechanism and parameters for offering
such incentives.
~ ¡p-/
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Page 2, Item~
Meeting Date 2114/95
On February 7, the ordinances retumed for a second reading with Ordinance 2621 revised to reflect Council's
January 24 input regarding the composition of the Subcommittee (see Section II), At that time, Council
indicated that the language in Ordinance 2621, Section C.III regarding "economic support" was
unclear and, further, that it should be clarified specifically that the Subcommittee's role should be
limited to an advisory capacity.
Ordinance 2621 provides Council with three options to revise Section C.III per Council direction, as
follows:
Option 1: This language deleaates authoritv to the subcommittee now to review and make
recommendations to Council regarding eligibility for and the nature of economic support for
businesses, including reviewing and advising regarding specific individual agreements,
Staff Recommendation: Staff does not recommend delegating authority to the subcommittee at this
time.
Option 2: This is the original language which would defer deleaatina anv authoritv reaardina economic
assistance to a future date when a policy is adopted by Council and in anticipation of such
a policy being brought to Council with a proposed Agreement with EastLake (identifying
recommending financing mechanisms and how the economic incentive negotiation and
approval process would work). While intended, this language does not clearly stipulate that
any authority to be delegated must be advisory.
Staff Recommendation: If adopted, language should be inserted stipulating that any future delegated
authority would be advisory only.
Option 3: This option would delete Item C.III altogether. This would eliminate any possible confusion
regarding the Subcommittee having authority over economic assistance to individual
businesses. If Council wishes to delegate such authority later including ADVISORY
AUTHORITY, the Ordinance could be amended accordingly,
Staff Recommendation: Staff recommends that Council adopt this option with the understanding that
staff will retum with recommendations regarding the mechanics for Council
approving economic incentives, including any potential recommended role for
the subcommittee, when the proposed Agreement with EastLake is submitted,
[(MD) c:\wp51\c1ocument\25595 (February 9. 1995))
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ORDINANCE NO. 2621 1?/ò/'¡D1fVG
IJfVD
IJDOP7'IO/t¡
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CREATING A HIGH TECH/BIO TECH ZONE, CREATING A
SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE
HIGH TECH/BIO TECH ZONE OF THE CITY, AND DELEGATING
CERTAIN AUTHORITY TO SAID SUBCOMMITTEE
WHEREAS, in order to attract certain targeted High Technology, Bio Technical and Bio
Medical businesses and promote economic development in the City, the City desires to form,
for economic incentive purposes (not in the planning/entitlement context), a High Tech/Bio
Tech Zone ("Zone") in the territory of the EastLake Business Center of the City,
diagrammatically represented on Exhibit A attached hereto and incorpotated by this teference;
and,
WHEREAS, currently, as to property located within the Zone ("Zone Properties") and
elsewhere within the City, the Planning Commission and Design Review Committee has
certain authority to make certain discretionary approvals or recommendations to the Council
for approval ("Planning and Design Authority") over land use; and,
WHEREAS, the City hereby intends to form a subcommittee of the City Council
consisting of the Mavor. a rotatina councilDerson and chairman of the Plannina Commission
twe ee~AeilllerseAs to take certain discretionary actions within the territory of the Zone ("High
Tech/Bio Tech Subcommittee" or "Subcommittee") and re-delegate Planning and Design
Authority currently vested in the Planning Commission and the Design Review Committee of
the City to the Subcommittee as to all Zone Properties; and,
WHEREAS, on December 21,1994, the Planning Commission voted 4-0 to recommend
approval of the proposal in accordance with Resolution PCM-95-06; and,
WHEREAS, the City Clerk set the time and place for a hearing, and notice of said
hearing together with its purpose was given by its publication in a newspaper of general
circulation in the City at least 21 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely on
January 24, 1995, at 6:00 p.m., in the Council Chambers, 276 Fourth Avenue, before the
City Council and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain,
find, declare, order and resolve as follows:
SECTION I. Create High Tech/Bio Tech Zone.
There hereby exists an area of the City of Chula Vista ("Zone") the territory of which
is shown in Exhibit A, inclusive of the EastLake Business Center ("Center"), both Phase I
("Phase I Center") and Phase II ("Phase II Center"), which Zone may be expanded from time
~-II¿-J
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Ordinance No. 2621
Page 2
to time by the City Council by written ordinance, in their sole discretion, and when so
amended shall be included in the meaning of the term Zone as used herein.
SECTION II. Create High Tech/Bio Tech Subcommittee.
A High Tech/Bio Tech Subcommittee ("Subcommittee") is hereby declared to exist
consisting of a permanent member being the Mayor of the City of Chula Vista and another
member of the City Council that would rotate on a yearly basis, to rotate off not in the middle
of any particular project and the third member would be the chair of the Chula Vista Planning
Commission. The Subcommittee shall operate in all respects in the manner required by law,
including the provisions of the Brown Act, and in that regard shall be deemed to be a standing
subcommittee of the Council and shall conduct the meetings of their members in an open
manner and pursuant to a posted agenda describing in legal detail the subject matter of their
deliberations.
SECTION III. Delegation of Authority to the Subcommittee.
Subcommittee is hereby vested with the following authorities:
A. Planning Commission Authority. All matters which are otherwise vested in the
Planning Commission of the City by virtue of the Zoning Chapter of the Municipal Code
or any Planned Community District Regulations or other rules of regulations adopted
thereunder ("Planning Commission Matters") are hereby redelegated to the
Subcommittee for applications for entitlement affecting Zone Properties exclusively
wherein the application for entitlement indicates that the Zone Property is intended to,
designed and planned to be put to a High Technology, Bio-Technical or Bio-Medical use
as defined in Section IV.1 of the Eastlake Planned Community District Regulations.
B. Design Review Authority. All matters which are otherwise vested in the Design
Review Committee of the City by virtue of the Zoning Chapter of the Municipal Code
or any Planned Community District Regulations or other rules of regulations adopted
thereunder ("Design Review Matters") are hereby redelegated to the Subcommittee for
applications for entitlement affecting Zone Properties wherein the application for
entitlement indicates that the Zone Property is intended to, designed and planned to
be put to a High Technology, Bio-Technical or Bio-Medical use as defined in Section
IV.1 of the Eastlake Planned Community District Regulations.
( ) OptioA 1.
(TAe fello',.iR€I 9sra9ra 9Þ1 ,"C" ifRplemeAts the aireetien the City
Ce , Aeil !la',e at tl'1e lTteetiA!I ef Fel3r , ary 7, 1996. It lTtalœs the
slJssemmittee enl', SA 8s':iser',' bas', t8 Cit'¡ CSIdAeil. ^II
eeeRomie bases, eeneessisA graAtiAg 8fJreemeRts 'NiII Be
rovie'uea BY the subeemmittee but 8J3prevefi t;)'1 CSI:JAeil. If,
later, CS\:;JAeil '/I8AtS t8 graAt fiAal eJeeisieA maltiAg 8l:Jtherities t8
tAe St::Jl3esmmittee, it eaR €Ie se e'" ameAEliAfj this eretiA8Aee.)
1''1
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Ordinance No. 2621
Page 3
c. Economic Development Agreement Authority. The Subcommittee shall have onlv
advisory authority to review and make recommendations to the City Council on
matters relating to eligibility for economic support and the nature and extent of
economic support for High Technology, Bio Technical or Bio Medical businesses
proposing to develop within the Zone properties, including the review and advice of
agreements relating thereto.
( ) Optien 2.
(TRis is the erigiAsl laAgl::l8go tÞ1at ereateEl the eeAf\:lsisA last
meetiAg, e)(seßt as merited. Tt:lis laAgt:J8gÐ alls'::5 tlge
st:J8semmittee t8 t.1ave '/:hate'¡er eeAeessisA gr8AtiA{iI 8b1thsrit·;
8'/eA fiRel EfeeisisAmaltiA§ 8\:Jtl=leritï as ma', Be åefiAeEl BAa
aelefjateef ta the slJbeemmittee by tt.'1e CSIdAeil iA the aAtieí 9sted
"MeAbI AgreemeAt" \~/ith Eastlalt8 t8 Be aeli·.ered Sl:JbS8fflJ8Atly).
C. EesAsmie De'I'eleJ3meAt J\§reement Autherity. E)Œ8 '3t as ta matters alAer tA8n
IOfJislative matters ree¡l:.Iireel t8 Be -¡Bstes in the Cit,/ CeuAeiL all matters relates ta
determiAiAfj elifJÎeility fer BAd [reeeFAffiOABea]1'lo'j¡'el af eeSA8mie SUJ9f3srt 85 ßermitted
sr reEflJireà 13'1 ane ar mere agreements Bet'l.eeA the Eastlal(e Devels 3ment Comßany
anel tf:le Cit'; of Chula Vista BReVor I:r( City ßslie'¡,
( ) Optien 3.
1, TRis is tÞ1e '.~;ara, I tRiAI(, tRst ereateft tRe eE)f'If1.:JsisR at tÞ1e CsuAeil meetiA§" It \~¡as
tRst:J ;Jht, at tRe CSblAeil meetiA§ ta reaft "reesFRmeAftiAg", I sAst:Jlft Ret t=la':e uses the '¡¡ara.
If tRis paragrGßR is gaiA§' ta be t:Jsea (anå I reeemmens agaiA5t it), I ",'Sbl18 stroA§ly
reeommeRa either its seretian or its ehsn§e ta "reesmffiensiRg ts the Cit'{ CSblAeil",
If åeletes, tt-1e st:Jeesffimittee ~:;ill As'/e sblef:'l final aeeisisn msldA§ sutharit't' as is
grantee) ta it I,:)"; sbll3seElt:JeRt agreements af tRe CSt;JReil.
If 8A8Rgea ta "reesmmeAaiR§ te the City CablAeil", tAe SblBosfFlFRittee eSt:Jlå RG'..e final
alJtl=larit.,. as te '¡¡hieA 8sffipaRies are eligil3le fsr sul3sisy ("eligil3ilit'¡ far sblBsiåy aeeisians") if
grSRtea 13'¡ a st:JBSeElt:JeAt sgreemeRt, Bt:Jt eablla Ret t:1a'¡e fiRal seeisieR maldA§ at:Jtt:1erity as to
the Rature aRa e){teRt af tl=lese eeensFAie sblBisaies,
8'1 the '.~.'G't·, r am eeReerRea regGraiA§' tAe eOAfL:JsieR the CeuFleil heel in iAter 3reting tRe
langL:Jsge, I \vrete the eJraft "MeAt:J /\greemeAt" BAeJ this "HigÞ1 Teeh Sul3esmmittee/ZSAe" at
tAe same time iA JblAe, 199<1, 'Nith tÞ18 iAtentieA tAst it ',;sLJleJ l3e ßreseAtea siml;.lltaneeusly
ta tAe Cel.:Jneil. :\s sl.:Jeh, its meaniAg 'h'al;.lle) Rave seen 8J3ßareAt, Fer reaSSAS that I ean't
I.:JAelerstanef,it '¡¡as Ret )3reseAteå siml.:JltaReausly, I3l;.1t ':lill Be BrolteA t:Jß Go/er time fer
)3reseAtatisR ta the CSt:JAeil fer aJ3J3ro·.al.
As sl.:Jeh, it is FR" reeaffimef1satieA that tÞ1e CsuAcil Aot aet OR this sreJinsAee !.:.Intil they
see aAa I.:JRe)erstsAeJ the MeAI.:J AgreemeAt 8REi Þ1o'.~; it is set:1eEil:JleeJ ts ',,'srlc
"..5
....-....-.-.--...-.---- _. -~ ,. _·__···_···_·_~···__··n_____ , --..-----..-...-- -----,_._.~------_.,.
Ordinance No. 2621
Page 4
(By EleletiAg tl:1e ThirEl Pel'.\"er, sl:IBpsragrsJ:)R C, this 8ßtien
reserves I:JAtil a fl:ltl:lre ejate tl:1e deeisieA as te \-:t=1ett.1er Sf Rat the
CSt:JAeil ~·¡aAts te eJelegate fiRSI EieeisisA maldAf) 81:.1thsrity te the
.. Sl::Iseemmittee 9A eesA8miee sblbsiElï matters.)
C. Omittea.
SECTION IV. Exercise of Authority by Subcommittee Not Mandatory.
The Subcommittee is not obligated to use the authority regarding Planning Commission
Matters or Design Review Matters, and if it surrenders or refuses to exercise same in gross
or as to a specific application, the authority to decide such Matters reverts back to the body
from which it was originally delegated.
SECTION V.
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by Presented by
Robert A. Leitet Chris Salomone
Planning Director Community Development Director
as to for
[
Bruce M. Boogaard
City Attorney
m:\shared\attorney\ord2921 a.ord
¿~1,/&-7
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CITY COUNCIL AGENDA STATEMENT
- 1~7
Meeting Date ~~'.J---
ITEM TITLE: ESOLUTION I '7g"~tePtin9 and Agreeing with the California Coastal
om mission's February 9, 1995 Action on the City of Chula Vista's
Local Coastal Program Amendment No.1 2 and accepting and agreeing
with the California Coastal Commission's modifications to the Land Use
Plan and Bayfront Specific Plan
~ ORDINANCE .2~.2tmending Ordinance No. 26~ity of Chula
. Vista by incorporating modifications to the Land n -and Bayfront
Specific Plan as adopted by th~r~Q:; astal Commission on
February 9, 1995 for the City {!! Vista certified Local Coastal
Program Amendment No. ~\) .
';)....C 'J
SUBMITTED BY: Community Development Director L~ '
REVIEWED BY: City Manager~~i~
(4/5ths Vote: Yes _ No lLI
Council Referral No. NA
BACKGROUND:
On November 15, 1994, the City Council approved Amendment No.1 2 to the certified Chula
Vista Local Coastal Program (LCP) to reclassify a portion of the Inland Parcel (Subarea 4 of
the LCP) from an Industrial land use designation to a Commercial land use designation. The
land use change allows the construction of a "Wal-Mart" store and commercial complex on
the site. Following the Council's action, the LCP amendment was forwarded to the Coastal
Commission for approval. The Commission's staff accepted the LCP amendment for review
and it was scheduled for a Commission public hearing on February 9, 1995.
At the February 9, 1995 meeting, the Coastal Commission approved LCP Amendment No.1 2
with modifications which are acceptable to City staff and the City's Coastal consultant. In
accordance with the Coastal Act, the City now must formally accept the Commission's action
and adopt the Commission's suggested modifications, and incorporate the modifications into
the certified Chula Vista LCP. The following report describes the Coastal Commissions action
and suggested modifications to LCP Amendment No.1 2.
RECOMMENDATION:
That the City Council adopt the Resolution accepting the California Coastal Commission's
February 9, 1995 action on LCP Amendment No. 1 2 and adopting the suggested
modifications to the Land Use Plan and Bayfront Specific Plan and introduce for first reading
and approve the Ordinance incorporating said modifications into the certified Chula Vista Local
Coastal Program.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
(JÞ1 7 -/
-~._.
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Page 2. Item 7
Meeting Date 2 14 i;lei ~
DISCUSSION:
The Coastal Commission's specific suggested modifications have been placed in ordinance
form for adoption and are attached hereto. The following is a brief description of the
modifications and their application to the amendment.
Suaaested Modifications
LCP Amendment No. 12 consists of a land use change on a 31.63 acre parcel of land located
at the southeastern quadrant of State Route 54 and Broadway. The historic route of the
Sweetwater River and associated wetland and riparian resources ,are located along the
western portion of the site. This wetland is noted on the LCP as "Potential Environmentally
Sensitive Areas". And, although the LCP amendment changes the land use designation from
industrial to commercial the LCP requires that an environmental management plan be ptepared
for the Inland Parcel before any development takes place.
The Commissions's suggested modifications outline the policies that will govern the
Environmental management plan and the activities that can take place within the wetland area
of the Inland Parcel to ensure the protection of environmentally sensitive resources in
accordance with the California Coastal Act.
(As you know, the Chula Vista Local Coastal Program consists of two main documents, the
Land Use Plan and the Bayfront Specific Plan. The Land Use Plan contains the goals,
objectives. and policies of the Program and the Bayfront Specific Plan functions as the
implementation plan and contains the detailed development criteria. Text within the
documents is repetitive at times to ensure consistency between the two.)
The suggested modifications focus on activities that will be allowed within the wetland area
located within the Inland Parcel and sets forth policies in the Land Use Plan that identifies
permitted uses and provisions to protect the wetland and riparian resources. Those policy
· statements are then reiterated in development criteria language into the Environmental
Management section of the Bayfront Specific Plan.
The suggested modifications add the following objective and policy to the "Subarea
Development Objectives and Policies"section of the Land Use Plan. The modification reads:
Obiective S6.A - The dikina. dredaina. or fillina of wetland areas shall be Dermitted onlv where
;h:r~ is no feasible less environmentallv damaaina alternative. and where feasible mitiaation
m a ures have been Drovided to minimize adverse environmental effects. and shall be limited
to the followina Dermitted uses and activities.
· a. Nature studv. aauaculture. or other similar resources deDendent activities.
b. Wetland restoration oroiects where the Drimarv function is restoration of wetland
habitat.
c. Incidental Dublic service Droiects.
d. Mineral extraction. indudina sand for restorina beaches. exceDt in environmentallv
sensitive areas.
~ 7~2
·
Page 3, Item .Ø. 7:/
Meeting Date 2~L95 d-./..J. I '7::
Policy S6.A.1 - A maximum of one Sweetwater River river crossino shall be oermitted to
Drovide access to the develoDable Dortions of the Inland Parcel. The crossina shall be
desianed as a bridae to minimize adverse imDacts to the habitat value of the wetland corridor.
All mitiaation reauired shall be located on-site and contiauous with the existina wetland
corridor.
Mitiaation for anv temDorarv disturbance or Dermanent disDlacement of identified resources
shall be reauired at the followina ratios. For wetlands. 4: 1 reDlacement for imDacted area and
for riDarian resources. 3; 1 reDlacement for imDacted area. ODen SDace Dreservation in
Dercetuitv of sensitive resources area will also be reauired Dursuant to an aDDroDriate
mechanism. No other dikina. dredaina or fillina of wetlands or other wet environmentallv
sensitive areas shall be Dermitted without Drior Coastal Commission aDDroval throuah the LCP
amendment Drocess.
Buffer zones of 1 00 feet in width shall be maintained around all identified wetland areas and
50 feet in width shall be maintained around all identified riDarian areas. unless the aDDlicant
demonstrates that a buffer of lesser width will Drotect the identified resources. based on site-
sDecific information. Such information shall include. but is not limited to. the tVDe and size
of the develoDment and/or DroDosed mitiaation (such as Dlantina of veaetation or the
construction of fencina) which will also achieve the Durcoses of the buffer.
DeveloDment within the buffer zone shall be limited to construction of a Dedestrian Dathwav
within the UDDer half of the buffer with fencina or other imDrovements deemed necessarv to
Drotect sensitive habitat in the UDDer half of the buffer. The buffer shall be measured
landward of the delineated resource. The California DeDartment of Fish and Game and the
United States Fish and Wildlife Service shall be consulted in such buffer determinations.
Buffer zones shall be Dermanentlv Drotected as ODen SDace throuah the use of deed
restrictions or other aDDroDriate mechanisms. Passive recreational uses are restricted to the
UDDer half of the buffer zone. If the Droiect involves substantial imDrovements or increased
human imDacts. such as a subdivision. a wider buffer mav be reauired.
The suggested modifications also amend Section "F" of "The Environmental Management
Program" portion of the Bayfront Specific Plan as follows:
Additional Diking, Dredging or Filling of Wetland Areas. Diking, dredging or filling of wetland
areas consistent with the provisions of this environmental management plan shall be limited
to the specific projects incorporated into this plan, and future Droiects that mav be DroDosed
in areas containina wetlands within the Inland Parcel Subarea. for the creation of new or
enhanced wetland areas, very minor incidental public facilities, restorative measures, and
nature study. Mitigation for all disturbance of the wetland areas shall be provided at the ratio
of 4: 1 of new wetland areas created to areas disturbed, and for riDarian resources. 3: 1
reDlacement for imDacted area. ODen SDace Dreservation in Dercetuitv of sensitive resource
areas will also be reauired Dursuant to an aDDroDriate mechanism. No other diking, dredging
or filling of wetlands or other wet environmentally sensitive habitat areas shall be permitted
without prior Coastal Commission approval through the Local Coastal Program amendment
process.
A maximum of one Sweetwater River river crossin a shall be Dermitted to Drovide access to
!fÞ3 7- )
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~7
Page 4, Item
Meeting Date 14 J.þ}:¡ç
the develooable oortions of the Inland Parcel. The ctossina shall be desianed as a bridae to
minimize adverse imoacts to the habitat value of the wetland corridor. All mitiaation reauired
shall be located on-site and contiauous with the existina wetland corridor.
Buffer zones of 1 00 feet in width shall be maintained around all identified wetland areas and
50 feet in width shall be maintained around all identified rioarian areas. unless the aoolicant
~~m~nstra~s that a b~fer of lesser width will orotect the identified resources. based on site-
_e~ific inf rmation. uch information shall include. but is not limited to. the tvoe and size
of he develooment and/or otooosed mitiaation (such as olantina of veaetation or the
construction of fencina) which will also achieve the ourooses of the buffer.
Develo~men~ within the buffer zone shall be limited to construction of a oedestrian oathwav
within .he u_oer half of the buffer with fencina or other imDrovements deemed necessarv to
or~tect sensitive habitat in the uooer half of the buffer. The buffer shall be measured
landward of the delineated resoutce. The California Deoartment of Fish and Game and the
United State~ Fish and Wildlife Service shall be consulted in such buffer determinations.
Buffer zones shall be oermanentlv orotected as ooen soace throuah the use of deed
resttictions or other aoorooriate mechanisms. Passive recreational uses are restricted to the
UDoer half of the buffer zone. If the oroiect involves substantial imorovements or increased
human imoacts. such as a subdivision. a wider buffer mav be reauired.
· Acceptance of the Commission's action, adoption of the suggested modifications, and
incorporation of the modifications into the certified LCP will complete the City's actions
necessary to finalize LCP Amendment No.1 2. The amendment as modified will allow the
Wal-Mart's commercial complex as a land use and will provide the environmental guidelines
for preservation of adjacent wetlands.
Approval of said modifications is exempt from CEOA under Section 15307 of the CEOA
guidelines.
FISCAL IMPACT:
· The Wal-Mart project will ptovide an estimated $90,000 annually in increased property tax
increment revenue to the Redevelopment Agency and is estimated to generate approximately
$400,000 in annual sales tax revenue to the City's General Fund in the first full year of
operation. That figure is estimated to increase in subsequent years.
·
#7-1
·
- ORDINANCE NO. 262:6
O~
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING 'iP'(\~
THE BA YFRONT SPECIFIC PLAN SPECIFICALLY SECTION s> ~
19.86.003(FI OF THE CHULA VISTA MUNICIPAL CODE IN ,~~
ORDER TO IMPLEMENT PROPOSED MODIFICATION THER~V\~\30
AS ADOPTED BY THE CALIFORNIA COAST AL COMMIS~
FEBRUARY 9. 1995 FOR THE CITY OF CHULA VISTA C lED
LOCAL COASTAL PROGRAM AMENDMENT NO. 12;1"'-'
WHEREAS, the City Council adopted Ordinance No. 2613 on November 22, 1994
amending the certified Chula Vista Local Coastal Program and Bayfront Specific Plan in
accordance with Amendment No. 12 reclassifying 31.63 acres of the Inland Parcel, Subarea
4 from Industrial General to a Commercial thoroughfare land use district subject to Central
Commercial with Precise Plan Modifying District pursuant to sections 19.36 and 19.56 of the
Chula Vista Municipal Code; and,
WHEREAS, Amendment No. 12 was submitted to the California Coastal Commission
on November 17, 1994 and the California Coastal Commission staff, on December 2, 1994,
accepted Amendment No. 12 as complete; and,
WHEREAS, Amendment No. 12 was presented to the California Coastal Commission
at a public hearing on February 9, 1995 and the Commission approved Amendment No. 12
- subject to suggested mOdifications; and
WHEREAS, the City Council has considered, accepted and agrees with the California
Coastal Commission's February 9, 1995 action and suggested modifications; and
WHEREAS, in order to fully adopt and implement the modifications proposed by the
California Coastal Commission to the Bayfront Specific Plan, it is necessary to amend the
Chula Vista Municipal Code which contains such Plan.
NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
ordain as follows:
SECTION I. Consistencv with General Plan Findinas
The City Council does hereby find that the LCP, as amended by Amendment 12
and modified by the Coastal Commission on February 9, 1995, is consistent
with the City of Chula Vista General Plan as amended.
SECTION II. California Coastal Act Findinas
The City does hereby find that the subject Amendment # 12 complies with
Chapter 3, Coastal Resources Planning and Management Policies, of Public
Resources Code, Division 20 in accordance with the following findings:
-
r-¡-//7~~
-
The Inland Parcel is not located within the Chula Vista Bayfront. The Parcel is
located approximately 1/2 mile (north east) traveling distance from the
Bayfront's main, "E" Street entry. The land use designation of the Inland -
Parcel, therefore, will not directly affect Bayfront "coastal resource" planning.
The Inland Parcel does not have access to coastal beaches, therefore, the
change in land use destination will not affect such access. The Inland Parcel
has no oceanfront land suitable for water-oriented recreational activities or
coastal dependent aqua cultural uses.
A portion of the Historic Sweetwater River is located along a portion of the
western edge of the Inland Parcel. This is considered potentially sensitive
habitat and will be enhanced and protected when development occurs on the
Inland Parcel. The proposed Amendment #12 is a change in land use only and
will not affect the site's sensitive habitat designation or the site's sensitive
habitat. The Inland Parcel is visible from the north (State Route 54). however,
there are no coastal views or vistas from or to the Inland Parcel. The land use
change will include a Precise Plan Modifying District which will require the
development of specific design and land development criteria to ensure the
visual quality of the Inland Parcel.
SECTION Ill. That Section 19.86.003(F) of the Chula Vista Municipal Code is hereby
amended to read in full as follows:
Additional Diking, Dredging or Filling of Wetland Areas. Diking, dredging or
filling of wetland areas consistent with the provisions of this environmental
management plan shall be limited to the specific projects incorporated into this -
plan, and fufure oroiects that mav be orooosed in areas containina wetlands
within the Inland Patcel Subarea, for the creation of new or enhanced wetland
areas, very minor incidental public facilities, restorative measures, and natute
. study. Mitigation for all disturbance of the wetland areas shall be provided at
the ratio of 4:1 of new wetland areas created to areas disturbed, and for
rioarian resources. 3:1 reolacement for imDacted area. QDen SOBce
rv i n in r i f n i iv r r r ill I r ir
Dursuant to an aDDroDriate mechanism. No other diking, dredging or filling of
wetlands or other wet environmentally sensitive habitat areas shall be permitted
without prior Coastal Commission approval through the Local Coastal Program
amendment process.
: m~~m~m ~f ~ne swe:twater River river crossina shall be Dermitted to
~vi: ~es" tv the dev_loDable Dortions of the Inland Parcel. The ~os:in;
:ha:1 ~e:;siane~ ~s.: brida;t~.~~ni~ze adv~rse imDacts to the habitai~ valu~
~f .h~ tland om or. All It I atl n reoulred shall be located on-site and
onti uo~~ with the existina wetland corridor.
~uff:r ~on:~ of 1 O~ fe:~ in W~d~h shall be maintained around all i~:n~ifi:~
~Ian~ area~ ~n~ ~o f:~ in Uh shall be maintained around all iden~fiFtd
~aria~ :r~as. u.~I:S~ ~:;; g::CI~~n; ~im:nstrate.s that a. ~u~fer of le~:er v;.~~h
~11I ~"~l the;~gn Ifl__ r_ 0 r es a ed on slte-sDeclflc Information. S~Ch
~for~~:n sha~ ~n~ude~ :~~ i.~. no~ limited to. the. tVDe and si~e of ~h: -
evel ent an / r rOD s ml laatlOn (such as Dlantma of veaetatlon or the
7~b
-
._~~-----
construction of fencinaJ which will also achieve the DurDoses of the buffer.
~:~:I~ome~: within the buffer zone shall be limited to construction of a
_s.rian thwav within the UDDer half of the buffer with fencina or other
~~r~vem~nf~ deeme~ ne~es:arv to Drotect sensitive habitat in the UDDer half
~f ~he ~u,f r. The uff r hall be measured landward of the delineated
es_urc . The Calif~r~i~ Deoartment of Fish and Game and the United States
~~h an~ Wil~if~ ~:rv~e shall be consulted in such buffer determinations.
ffer z nas h II D r;"'anentlv Drotected as ooen SDace throuah the use of
~;ed ;~~t~~:~~ns Dr other IIDoroDriate mechanisms. Passive recreational uses
:re r~~.r~;.,:,~~~ th~ u~.~er ~alf of the buffer. lone. If the Droiect i~v~l:,es
ubs anti II rove e t or Increased human ImDacts. such as a subdivIsion.
a wider buffer may be reauired.
SECTION IV. This ordinance shall take effect and be in full force on the date which is the
later of the 30th day after its adoption or immediately following the Coastal
Commissions concurrence with the Commission's Executive Director's
determination that the City of Chula Vista's acceptance and agreement with the
Commission's February 9, 1995 action on LCP Amendment # 1 2 and
modifications to the Land Use Plan and Bayfront Sp 'fic Plan are legally
adequate.
Presented by: ved '''X'
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
IPRBlo:mord/chonnolsidodiskJ
-
7-7
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COUNCIL AGENDA STATEMENT
ITEM 8" .
MEETING DATE 2-21-95.
ITEM TITLE: Resolution 178"/ j" Accepting a grant donation of
Solid Two Door reach-in freezer from the San Diego
Law Enforcement Foundation.
SUBMITTED BY: Chief of PO'iC~~ ~
REVIEWED BY: ci ty Manager j~ ~ j'? (4/Sth's Vote: Yes No_X)
- The Chula vista Police Department applied for a grant through the
San Diego Law Enforcement Foundation for a freezer unit to store
and preserve fragile biological evidence.
RECOMMENDATION: Accept donated freezer.
BOARD/COMMISSION RECOMMENDATION: N/A
On December 22, 1994, we received notice that we were successful
and our request was approved. The Foundation notified us to order
the freezer valued at $2,795.00, and have the vendor send the
Request for Payment to their organization. Dr. Philip J. Gelber,
President of the Law Enforcement Foundation, expressed his
congratulations and indicated he looks forward to working on
future projects with the City of Chula Vista.
FISCAL IMPACT: Acceptance of the freezer will require the
installation of an additional electrical
circuit ($200), and additional utilities costs
of approximately ($25) from the existing budget.
8'-'/
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RESOLUTION NO. /71/.2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT DONATION OF
SOLID TWO DOOR REACH-IN FREEZER FROM THE SAN
DIEGO LAW ENFORCEMENT FOUNDATION
WHEREAS, the Chula vista Police Department applied for a
grant through the San Diego Law Enforcement Foundation for a frezer
unit to store and preserve fragile biological evidence; and
WHEREAS, on December 22, 1994, the City received notice
that the City's request was approved and the Foundation notified us
to order a freezer valued at $2,795.00; and
WHEREAS, acceptance of the freezer will require the
installation of an additional electrical circuit for less than $200
and additional monthly utilites costs of $25.00.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept a grant donation of $2,795
from the San Diego Law Enforcement Foundation for the pur ase of
a solid two door reach-in freezer to store pre erv agile
biological evidence. mJ
Presented by
Richard P. Emerson, Chief of
Police
C:\rs\freezer.pd
tr., ~
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COUNCIL AGENDA STATEMENT Itemi
Meeting Date: 2/21/95
ITEM TITLE: Resolution /7 rJ.3 Approving a boundary lot adjustment at 815 Corral
Court in the Robinhood Development and authorizing the Mayor to execute
grant deeds
SUBMITI'ED BY: Director of Parks and Recrea~
REVIEWED BY: City ManagerJ1 ~ @;1 (4/5ths vote: Yes_ NolO
At 815 Corral Court, the resident extended the property pad approximately 11 feet into Open Space
land by building a retaining wall and wooden deck. The resident has requested a boundary
adjustment and a land swap to mitigate the encroachment into City Open Space land.
RECOMMENDATION: That Council:
1. Approve an exchange for an equal amount of property from the property owner to
mitigate encroachment,
2. Approve the Resolution to affect the boundary line adjustment,
3. Authorize the Mayor to execute grant deeds.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: The encroachment at the residence of Kenneth and Suzanne Olson, 815 Corral
Court, was discovered by an Open Space Inspector on a routine inspection of Open Space areas.
The Open Space Inspector contacted the Building and Housing Department to ascertain if a building
pernùt for the block wall and wooden deck was on file. Building and Housing records did not have
any pernùt for those structures, however, a pernùt for a room addition was on file. The Building
and Housing Department contacted the Olsons to inform them a building pernùt was needed for
the wall and deck. In addition, the encroachment on Open Space Land required resolution. The
Olsons applied for an encroachment pernùt with the Parks and Recreation Department on April 23,
1993. The Department requested Building and Housing to inspect the deck and block wall, but
were informed that an inspection would not occur until the encroachment pernùt was issued.
Upon advice of the City Attorney's Office!, a notice was sent to the Olsons requesting abatement
of the illegal encroachment. The Olsons did not contact the Department or abate the
encroachment; therefore, the City Attorney's Office sent them notice of the City's intentions of filing
a criminal complaint unless they took immediate action to remove the encroachment.
1 Reference to "City Attorney's Office" means the City Attorney's legal staff, and not the City
Attorney himself, who has abstained from consultation in reference to this matter due to the
existence of a personal relationship between the City Attorney's wife and the Applicant.
9-1
.~._- -- ---.-------.---.-..--.--.---------. _._"_.__._-~-----"----_._-,_.....__.--_._-_._-~_.__._-,-..-.".- _.~._----_.~._-- -- --_......~----_.~- --
Item~
Meeting Date: 2/21/95
On August 12, 1994, the Olsons, through their attorney, made two proposals to remedy the
situation. The proposals were as follows:
1. Issuance of an encroachment permit allowing the wall and deck to remain on City-owned
land in exchange for a "penalty" fee of $2,000 - $3,000; or
2. Purchase Open Space property encroached by the wall and deck at fair market value plus
the payment of a "penalty" of $2,000 - $3,000.
The Olson's attorney was infonned that the Department could not support either proposal for the
following reasons:
1. Issuing an encroachment permit for the magnitude of this violation would not be consistent
with previous Council actions to protect and preserve City Open Space lands.
2. In order for Open Space property to be eligible for sale, the property must be an extension
of the property pad. Therefore, this property is not eligible for sale under the City's
"Grading Deviation Policy".
Subsequently, the Olsons made another offer on January 3, 1995. The Olsons propose an exchange
of property to restore lost Open Space land. The Olsons have obtained an option (Attachment "A")
to purchase 978 square feet from their adjacent neighbor wlùch they will quit-deed to the City for
the 950 square feet they are encroaching.
This proposal is consistent with other Council action to obtain equal or more Open Space land to
mitigate encroachments or easements on Open Space land. The Department has worked with the
Olsons in reaching an accord. The Department's initial position was to require abatement of the
encroachment. In this scenario, the Olsons would suffer a large financial burden to remove and
rebuild the wall deck within their property boundary (Attachment "B"), and the City would regain
the 950 square feet encroachment. The latest Olson proposal would restore lost Open Space land
and the Olson's financial burden would be reduced substantially, resulting in a benefit to both
parties. The City Attorney's Office said the City Council has the authority under the Street and
Highway Code Section #22605, to annex and detach property in an assessment district as long as
the assessments are not increased. Second, Section #22608 and #22609 allows a waiver of a
public hearing and notice regarding annexation and detachment of areas to be exchanged.
In summary, the Department supports a boundary lot adjustment resulting in a net gain of 28
square feet of Open Space and avoid a lengthy and costly appeal by the Olsons, if the following
conditions are satisfactorily completed:
1. All costs associated with boundary lot adjustments be borne by the applicant;
encrchmt.a13 [February 15,1995] .2-
9,.:<
-------_._"...._--_._------~-------- _.._.._-_.~~,_..__._--~--- .._----_.,~._._._----,- -
ItemL
Meeling Date: 2/21/95
2. A thorough investigative building pennit for the wall and patio be issued by the Building
and Housing Department.
3. Provide a waiver of a public hearing and notice pursuant to Sections #22608 and #22609
of Street and Highway Code, regarding annexation and detachment.
A copy of the Olson's proposal, along with photographs of the encroachments, survey of properties,
and meets and bounds, is available for review at the City Clerk's Office.
Fiscal Impact: All costs associated with this boundary lot adjustment will be paid by the Olsons.
Attachment: Olson's proposal
Option to purchase land
encrchmt.a13 [February 15, 1995J -3-
9-3
-------..------ --_._._-~_._--
RESOLUTION NO. /78"/.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A BOUNDARY LOT
ADJUSTMENT AT 815 CORRAL COURT IN THE
ROBINHOOD DEVELOPMENT AND AUTHORIZING THE
MAYOR TO EXECUTE GRANT DEEDS
WHEREAS, Kenneth and Suzanne Olson, residents at 815
Corral Court, extended their property pad approximately 11 feet
into Open Space land by building a retaining~a11 and wooden deck;
and
WHEREAS, the Olsons have requested a boundary adjustment
and a land swap to mitigate the encroachment into city Open Space
land; and
WHEREAS, Parks and Recreation staff support a boundary
lot adjustment resulting in a net gain of 28 square feet of Open
Space and avoid a lengthy and cost appeal by the Olsons, if the
following conditions are satisfactorily completed:
1. All costs associated with boundary lot adjustments
be borne by the applicant; and
2. A thorough investigative building permit for the
wall and patio be issued by the Building and
Housing Department.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a boundary lot adjustment
at 815 Corral Court in the Robinhood Development and authorize the
Mayor to execute grant deeds and other appropriate documentation in
forms approved by the City Attorney's office in order to implement
same.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
c: \rs\815Cor'al
9--,/
.---_.___."_.___.__ _'_'___m·_·_·___··_m..".~~..~,"____.~"~,..__ ._____~_.._".______ ...___ ....__.._..._ _ _ ._._._.__ _.__._._._________._~_
Attachment "A"
OPTION AGREEMENT
This Agreement is entered into between Kenneth and Suzanne Olson on the one hand,
and Joseph and Mary Jo Buettner, on the other hand, and is effective as of the date it is signed
by an the parties.
Joseph and Mary Jo Buettner, in consideration for a bottle of good Chardonnay, receipt
of which is hereby acknowledged, grant Kenneth and Suzanne Olson an option to purchase that
portion of their property identified on Exhibit" A," attached hereto, consisting of approximately
978 square feet of Lot 106 of Rancho Robinhood (hereinafter referred to as the "Subject
Parcel") .
Kenneth and Suzanne Olson shall have one year from the effective date of this Agreement
to exercise this Option.
This Option may be exercised only if it is exercised in conjunction with the
contemporaneous agreement by the Olsons to transfer the Subject Parcel to the City of Chula
Vista for use exclusively as open space. This Option may not be exercised unless the Subject
Parcel is contemporaneously transferred to the City of Chula Vista for open space use.
The Olsons shall be required to pay any costs, fees or expenses in connection with any
title policy, survey, City fees or charges, escrow fees or charges, or other expenses incurred in
connection with the sa1e and transfer of the Subject Parcel.
9'5'
-
-~..._.,-----_...- -.-,.--.----. -_.."_._-~~-~.~_. "-', -..- .--..------- ......-.. -.-" - _._-_._-_.----_._---~----_."-,-,._._.__._._._--
In the event the O]sons exercise this Option, they shall pay the Buettners an additiona]
$3,000 upon completion of the transfer of the parcel to the Olsons and then from the Olsons to
the City of Chula Vista.
IT IS SO AGREED.
Dated: //2{/'1( ,~
Dated: ¡/ 2r/c,~/ ~~w, ~,
Suz e Olson
;
/ / ~
Dated: 1- ç.J Ie; (
1,-) \.) /..J
. I I
/ )
Dated: r/ dsl r¡ '( \'------
I I
PMCM0775.DL^
9"¿
------.....------..----...-- ~-"---_.__._.__._._----_..~- .._----_.._._..._.._-_.~-- - - .. ---- - ... ..-.--.--.'.-------.--.--..---
Attachment "B"
.- .
AREA FROM OPEN SCALE 1"=40'
SPACE - 950 SOUl,RE FEET
PROPOSEO /
PROPERTY LI NE
AREA TO OPEN
E(,Q:>,: ""'-l SPACE - 9?B SQUARE FEET
5' ChAIN
FENCE
B15 CORRAL COURT WOOO DECK
PROPOSED
LOT 105 MAP ??99 WOOD a GLASS WALL PROPERTY
LINE
LOT 106 MAP i"?99
j ..
9~')
.
THAT PORTION OF LOT 106 OF RANCHO ROBINHOOD, IN THE CI~Y OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 7799, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1978, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 106; THENCE NORTH
20°00'00" EAST ALONG THE WESTERLY LINE OF SAID LOT 110.00 FEET TO
THE NORTHWEST CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING.
THENCE SOUTH 63°49'16" EAST 67.99 FEET; THENCE SOUTH 87°44'05" EAST
7.22 FEET; THENCE SOUTH 52°48'06" EAST 13.70 FEET; THENCE SOUTH
17°38'04" EAST 6.26 FEET; THENCE SOUTH 53°09'05" EAST 26.22 FEET;
THENCE 69°53'45" EAST 3.78 FEET TO THE EASTERLY LINE OF SAID LOT
106; THENCE NORTHEAST 20°00'00" ALONG SAID EASTERLY LINE 22.02 FEET
TO THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 70·00'00" WEST
120.00 FEET TO THE TRUE POINT_OF BEGINNING.
q--r
. -~"-""-"--"------"-"'~~--'-'-""'_.'-"-'- ._-----._-_.._----_._--_..._..~_._." . ."_ __..__". _"_._. __n__.. _.__.___.________ .____
¡Irl1pl1£íul Page No. 1 ot 1 rdj:;Ç::'
POSADA CONSTRUCTION
Lie. #486154
7817 Quince Street
LA MESA, CALIFORNIA 91941
Office (619) 460-4826
P.ger (619) 525·8147
PROPOSAL SUBMITTED TO PHONE DATE
KEN OLSON (619) 475-2265 2/1/95
!iTREET JOB NAME ¡
,
815 CORRAL COURT !
CITV, $T...rE AND ZIP CODE JOB LOCATION
BONITA CA 91902
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates faT'
1. 50' X 4 ' BLOCK WALL (NEW) $3,125.00
2. 16' X 20' DECK R/R $2,500.00
3. 106' LIN BRICK BOARDER (DEMO) $200.00
4. 88' LIN BRICK .BOARDER (NEW) $616.00
5. 1000 SQ FT LAWN (REPLACEMENT) $1,200.00
6. IRRIGATION REPLACEMENT $500.00
7. 1200 SQ FT REPLANT SLOPE $600.00 I
8. 60' X 7' BLOCK WALL (DEMO) $4880.00
9. 97 CUBIC YD DIRT REMOVAL $1,200.00 I
\:
TOTAL BID $14,821.00 I
Dr ¡tropeaI' hereby to furnish material and labor - complete In ~ccorrl<ìnce with abo\:e speCifications, for the sLIm of
dollars ($ )
Payment to be made as follows:
u__ u--j
All material is guaranteed to be a$ spec,fied All WOf~ to be completed In I workma.,',ke Auth(mzerJ I
manner Iccord,nl! to standard practices, An't alteratIon or deviation from abovt' spec,f1ca i.
tions InvOlv'f)¡¡ e~tra CO$I$ wlil ue e~ecuted only upon written order5, and will tJecorT'le an S'gnatur -. .~~- I
t ."" ".... "" ,,' "'" 1h. ...,m,to All '.""",,, '00,,,."'",00 W"" ,w'"'' Note: Thl proposal may be ,
or delays beyond our control. Owner 10 carry f,re. tornado and other r,ece5ury ,n5urar1Ce \Ã)
. workers are fully covered by Workmen's Compen5atlon Insurance withdrawn by us ti not accepted Within day5
!\cceptunre of Jropo.aul- The ,beve pnees, ,p",I",',o", <
and conditions are satisfactory and are hereby atcepted. You are authorized Signature ______._____ .-.------"~-~- --- :1
to do 1he work as specified. Payment will be made as outlined above Signature 9'9 i;
Date of Acceptance: J
;'~0.~uCI ,,^, ,_\'/.'/,'- .'" G",,~r, ~'" 0:4 ' 100,cl'" P~~~I "01: "IE . ~'I( ;:' r ¡~,
--_.._----~--.,,-------~
MAZZARELLA, DUNWOODY, WILSON & PETTY
A LAW PARTNERSHIP
550 WEST "C" STREET, SUITE 1050
FACSIMILE: SAN DIEGO, CALIFORNIA 92101-3532
(619) 236-9669 (619) 236-9600
January. 3, 1995
VIA HAND DELIVERY
Erik Basil
Assistant City Attorney
City of Chula vista
Office of the city Attorney
276 Fourth Avenue
Chula Vista, CA 91902
Re: Olson Residence - 815 Corral Court. Bonita. California
91902
Dear Mr. Basil:
As you know, I am helping Kenneth and Suzanne Olson in an
effort to reach a resolution with the City of Chula vista
relative to the wall and deck which the Olsons built in their
backyard. The purpose of this letter is to provide you with a
detailed summary of the events leading up to where we now find
ourselves, and to propose a way to resolve the matter which will
avoid unnecessary loss or expense to either the Olsons or to the
residents of the City of Chula Vista.
with your permission, I have provided a copy of this letter
to Jerry Fonserata of the Department of Parks and Recreation for
the city of Chula vista. It is my sincere hope, and that of the
Olsons, that it will become apparent to everyone concerned that
the Olsons never intended to disregard the City's rights or
directives. Whatever mistakes they have made were made because
they are unsophisticated with regard to real estate and legal
matters, not because they do not recognize and respect authority.
They accept that they should have handled matters differently in
the past, and want to do everything possible now to remedy the
situation without the need to tear down a wall and deck which, as
discussed below, serves very important purposes, and which does
not detract from the pUblic's use and enjoyment of the adjacent
open space.
9-//
---"-.- ------.-<------.-.----..-.-
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 2
Factual Backqround
The Olsons bought their home at 815 Corral Court in Bonita
in April 1982. The home is situated on a cul-de-sac with views
over the Bonita valley and across the bay. At the time they
bought their home, it was a single-story structure built on an
approximate 10,375 square foot lot. (See Exhibit "A.")
In 1990, the Olsons decided to add a second story to their
home. In connection with the proposed second story addition,
they hired Allied Earth Technology, Inc. to perform a limited
soils investigation. (See Exhibit "B.") The investigation
disclosed that there was as much as ten feet of fill in the
northwestern corner of the Olsons' lot, which is where the
highest point of the subject retaining wall is located.
After completing the home remodel, the Olsons decided in
June, 1991, to enclose the rear of their yard in some fashion.
After considering a number of alternatives, they concluded that a
retaining wall, with a glass elevated fence on top, was the best
alternative. They chose this alternative for a number of
reasons. First, and foremost, the heavy rains which occurred
during previous years had caused substantial erosion and
settlement of the steep slope leading down at as much as a 25
degree angle from their back yard into the open space below. A
retaining wall was needed to shore up the slope. Additionally,
with two young children, and a normal assortment of pets, the
wall, capped with an additional glass barrier, provided security,
both from unwanted animals, and from the occasional migrants who
were noted in the canyon below, without impairing their view.
The wall was built without a permit but according to
regional standards and the Chula vista Building Code during June
1991. Its location was selected in the belief that the wall was
situated on the Olsons' property. As indicated in attached
Exhibit "CD and "0-12," "0-13" and "0-14," the Olsons' wall is
roughly in line with the wall at the northerly extreme of the
property immediately adjacent to the west of the Olsons' lot.
The Olsons believed their neighbor's fence to be within their
neighbors' lot. Further, when the Olsons' pad was graded, fill
apparently was pushed north of the Olsons' northern-most property
line in such a fashion that what appeared to be the Olsons'
property (having been previously graded) actually was in part
open space. This area had always been kept clear of vegetation.
(See Exhibits "D-6" and "D-7.") Consequently, when the Olsons
built their wall in the center of the cleared and graded portion
of the embankment, they believed they were building the wall on
their property, whereas in fact their property line stopped
roughly at the top of the graded embankment.
~-/J-
.....---...----..-
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 3
It was not until approximately April of 1993 that the Olsons
were alerted to the problem which we are now addressing. They
received a phone call from a building inspector, Mr. Hitchcock,
who advised them they would need to obtain an encroachment
permit. The Olsons immediately contacted the architect with whom
they had dealt previously, David G. Grant, of Grant & Taylor, who
submitted to the City of Chula Vista an Application for an
encroachment permit requesting approval of the encroachment,
along with a site plan, the soils report and assessor's parcel
maps. (See Exhibit liE. II)
The Olsons heard nothing back from the City until March 11,
1994 when they received a letter from Mr. Valenzuela demanding
that the wall be removed and the property returned to its
original condition. (See Exhibit "F. II) On March 18, 1994, a
week later, Mr. Grant wrote to Mr. Valenzuela on the Olsons'
behalf asking for clarification regarding the status of the
Application for the encroachment permit. As is reasonable from a
lay reading of Mr. Grant's letter of March 18, 1994, the Olsons
believed their "application was complete," and that they had
followed the appropriate procedures.
On March 22, 1994, Mr. Valenzuela wrote Mr. Grant, with a
copy to Mr. Olson (see Exhibit "H"I, advising him that the
encroachment permit was not processed because the improvements on
the Olsons' property were already in place; and that before the
Parks and Recreation Department could act upon the encroachment
request, it needed documentation regarding the integrity of the
wall in the form of a building permit issued by the City's
Building and Housing Department. Mr. Valenzuela further noted
that the Building and Housing Department would not get involved
until the encroachment permit was on file.
When Ken and Suzanne Olson learned of this problem, which
Mr. Valenzuela aptly describes as a "catch-22 dilemma" in his
letter of March 22, 1994, they did not know what to do. Should
they go to the Building Department and get a permit, and then
apply again for an encroachment permit? Should they personally
contact Mr. Valenzuela to discuss the matter and see if some
solution short of tearing out the wall could be reached? Should
they consult a different architect or other professional? As so
many people do when faced with this kind of dilemma, the Olsons
unfortunately did nothing before they received Ruth Fritsch's
letter of May 12, 1994 advising them of her intent to file a
criminal complaint against them. (See Exhibit "I. ")
9-/)
-...-" .._-. - - - ...._."..__._---~_.._-
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 4
At that point, they contacted me since we are friends to see
if there was anything that could be done to save the wall, while
also recognizing the City's interest in preserving the open space
for the use and enjoyment of its residents.
Potential Resolutions
As you know, I am not a land use lawyer, nor do I have any
expertise or experience in connection with Municipal law. The
extent of my experience in such matters was obtaining an
administrative variance allowing me to build a swimming pool at
my former house a few feet closer to the road than would
otherwise have been allowed. Consequently, there may well be
options available to the City which I have completely overlooked.
However, after discussing the matter with you, it appears there
is a solution which will avoid the wasteful destruction of the
Olsons' wall, while preserving the same amount of open space for
the benefit of the city's residents. In order to assist the City
in evaluating this option, I would like to identify what I
perceive to be the mitigating circumstances and equities which
are relevant here.
The Olsons Acted In Good Faith
The Olsons are very active members of the community. They
have been involved in many local organizations. Ken Olson
operates a state Farm Insurance agency on Bonita Road. Their two
children attend Allen School. It has always been important to
them to be responsible members of the community. Ken and Suzanne
Olson did not intend to encroach on City-owned land. As
indicated above, at the time the wall was built, they incorrectly
assumed it was built on their property. This assumption was
based in part on the fact that their westerly neighbor's wall was
roughly aligned with the wall which they were building (See
Exhibits "C-3/" "0-12," IID-1311 and "D-14") , and in part on the
fact that the graded and cleared slope caused by the fill of
their lot extended beyond where the wall was constructed
(Exhibits "D-6" and "D-7") .
Furthermore, the wall was designed to achieve objectives
which were in the interest of the City, as well as the Olsons.
The retaining wall was intended to and did avoid erosion of the
slope which had occurred previously, and undoubtedly would have
continued occurring. It was also intended to provide security
for Mr. and Mrs. Olson, their children and guests.
9~)f
----.--,-.,,-..---.--... - --"'-'~""'-- -----
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 5
The Olsons paid in excess of $8,500 building what they
thought would be a permanent and fully legal improvement to their
property. They simply would not have spent this significant
amount of money had they thought they were building the structure
on someone else's land.
The Encroachment Does Not Diminish The Public's Use Or
Eniovment Of The Open Space
In noting that the encroaching wall and deck do not impair
the public's use or enjoyment of the 29.23 acres of open space
adjacent to the Olsons' backyard, I in no way mean to suggest
that private individuals can encroach upon public lands just
because the encroachment falls in the "no harm - no foulll
category. Rather, I am suggesting only that in trying to resolve
an unfortunate situation, the actual impairment of the public's
use and enjoyment of land certainly should be one consideration,
especially considering the lack of wrongful lIintent" by the
Olsons.
with this in mind, I have attached the photographs
referenced as Exhibits 110-111 through "0-14. " The photographs
demonstrate that the open space below the Olsons' backyard is
covered with extremely heavy undergrowth, making it impossible to
walk through the undergrowth, at least anywhere near the vicinity
of the Olsons' property line. (See Exhibit "0-8.") The flat,
cleared portion of ground just north of the wall shown in
Exhibits "D-6" and "D-7" was part of the graded slope before the
wall was built. The Olsons did not clear the vegetation from the
area in order to build the wall.
Furthermore, the slope running north of the Olsons' property
line is quite steep. (See Exhibits "0-111 through "0-5. ") As
noted in Exhibit liB, " it is as much as 25 degrees. As such, it
is not suitable for use other than "visual enjoyment." In fact,
the only people that are normally seen in the open space north of
the Olsons' property line are occasional migrants.
As indicated in the photographs taken from various locations
along Surrey Drive below the Olsons' home, due to the steep
nature of the slope, and the height of the vegetation in the open
space north of the Olsons' home, the wall and deck are virtually
unnoticeable from below. While recognizing this is not a
"defense," the fact is that the pUblic's use and enjoyment of the
open space is not adversely affected in the slightest by the
Olsons' wall and deck.
/""
9---/J
----...,--.---.-
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 6
The Pubic POliCY Aqainst Allowinq Encroachment
The Olsons certainly understand and appreciate the
importance to the city of assuring that its residents do not
unilaterally seek to, in essence, "condemn" public land for their
private use. However, while deterrence of other possible
"offenders" is an important consideration, we would hope that
objective could be achieved without imposing unnecessary and
wasteful conditions upon the Olsons.
Obviously, had the Olsons simply build their wall eleven
feet further to the south, they would have avoided the already
considerable expense and inconvenience that the encroachment has
cost them, as well as any future costs associated with it. I
suspect that the threat of having to make amends is usually
sufficient deterrence to those who consider building an
encroaching structure with knowledge of its encroachment. I also
assume that there is little practical benefit to be achieved by
making the Olsons an "example" to the other residents of Chula
Vista. Nevertheless, the Olsons do not simply seek an
encroachment permit without remediation. They have made
arrangements to fully restore the City to its original position,
while preserving their wall. Theirs is a "win/win 11 solution.
The Proposed Resolution
The Olsons recently commissioned a survey of their property
lines and the property lines of the lot immediately to the east.
The survey is attached as Exhibit "K." As reflected in Exhibit
K, the Olsons wall and overhanging deck encroach upon 950 square
feet of the City's open space. The deck and wall on the lot
immediately to the east of the Olsons' lot is built somewhat
south of the actual property line, leaving 978 square feet of
space between the wall and deck and the City's open space. The
Olsons have made arrangements to acquire as much of their
neighbor's 978 square feet of available and unused land as needed
to provide to the City in exchange for a permit allowing their
encroachments to remain on City land.
Fundamentally, what we are proposing is a "land swap, " as a
method of remediation. If this proposal is accepted, the City
will preserve every square foot of its open space, and the Olsons
will not be required to engage in the wasteful exercise of
tearing down a very useful, functional and non-obstrusive
retaining wall.
9-/t
~__~". ___~.__m.
MAZZARELLA, DUNWOODY, WILSON & PETTY
Erik Basil
January 3, 1995
Page 7
Conclusion
I hope neither you nor anyone else at the City consider
anything that I have said in this letter to be presumptuous or
ingenuine. I fully recognize that it is Mr. and Mrs. Olson and I
who are approaching the City for help and leniency in resolving
this problem without incurring the additional cost and waste of
demolishing the existing wall and fence. It seems inherently
sensible that we should be able to reach some resolution which
will allow the Olsons to keep the benefit of their retaining
wall, and the stability and security it provides to them, while
simultaneously eliminating any loss to the City.
I apologize for the length of this letter. Please give me a
call after you have had an opportunity to review this letter and
the enclosures. I look forward to the opportunity at the City
Council hearing to address any questions or concerns the members
of the Council might have. I want to again thank you for
considering this request.
cc: Jerry Fonserata (w/enclosures via hand delivery)
Kenneth and Suzanne Olson (w/enclosures via hand delivery)
LMCM0648.DLA
9-;7
- - --.----._--. _......._.._.._~---~--------
MAZZARELLA, DUNWOODY, WILSON & PETTY
SUMMARY OF EXHIBITS
Exhibit A Plot map showing open space and Olson lot
Exhibit B Allied Earth Technology, Inc. report dated
September 12, 1988 updated in 1990 to pull permit
for second story addition showing 10 foot depth of
fill in northwesterly corner of the Olson lot
Exhibit C-1 Arron Survey's survey of encroachment
Exhibit C-2 Arron Survey's survey of encroachment with
additions showing property line east and west of
Olson lot
Exhibit C-3 Arron Survey's survey with additions showing
location of wall at northeasterly corner of
adjoining lot
Exhibit D-1
thru D-14 Photographs
Exhibit E-1 David C. Grant's Application for Approval of
Encroachment and Exhibits thereto, dated May 11,
1993
Exhibit E-2 David C. Grant's check in payment of application
fee -- negotiated by the City of Chula Vista on
June 21, 1993
Exhibit F Letter of Jess Valenzuela to the Olsons dated
March 11, 1994
Exhibit G Letter from David c. Grant to Jess Valenzuela
dated March 18, 1994
Exhibit H Letter from Jess Valenzuela to David C. Grant
dated March 22, 1994
Exhibit I Letter from Ruth M. Fritsch to the Olsons dated
May 12, 1994
Exhibit J The Olsons' 1993-1994 tax assessment
Exhibit K Property line survey
C)-I ~
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i\LLIED EARTH TECHNOLOGY, INC.
1466 PIONEER WAY, SUITE 8
EL CAJON, CALIFORNIA 92020
ROBERT CHAN, P.E. TElEPHONE (619) 447-4747
AU REPOR IS ARE SUBMITTED A5 THE CONFIDENTIAL PROPERTY OF CLIENTS. "UTHORIZATlON FOR PUBLICATION OF OUR REPORTS, CONCLUSIONS. EXTRACTS
fROM OR REGARDING THEM IS RESERVED PENDING OUR WRITTEN APPROVAL AS ^ MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSelVES.
8 September 12, 1988 (Q)[F[F~~~
Mr. Kenneth Olson ~(ö)~W
815 Corral Court
Chula Vista, CA. 92002 rr'(.J\~~hged
.¡..", It·:' ) .f?
Subject : Project No. 70B2 1/7'/5a'T. /88\
Limited Soils Investigati,on
Proposed Second Story Addition ~o Existing Residence
815 Corral Court
Chula Vista, California
Dear Mr. . Olson :
In accordance with your request, we have performed a limited
soils investigation of subject property, ~ore specifically referred
to as being Assessor's Parcel No. 593-272-12, in the City of Chula
Vista, State of California.
It is our understanding that a second-story addition is proposed
over the existing residence at subject property. 'rhis report
presents o~r engineering evaluation of the site and our engineering
recommendations relative to the proposed addition.
In order I:u accompli sh this purpose, a representative of our firm
visited the site, reviewed the topography and site conditions,
visualJy Bnd texturally classified the surface and near-surface
80:::'13, and obtaine,d samples for laboratory testing and analysis.
¡The samples were tested in the lahorat:ory as more ,fully described
on page L-l attached hereto.
1. From t.he site inspection, it was determined that :
a. Subject property consists of a lot in a residential
subdivision, and grading had been accomplished on the
site to form a level building pad.
b. The majority of the building pad consists of fill soils',
with the maximum depth on the order of 10 feet in the
northwesterly cornet.
9~C:W
·_'e___.____.__._ , - ..__....__ - _0____- _,_.__~_.____,____~__~_
Project No. 70B2 Mr. Kenneth Olson 09/12/88 Page 2
c. M~nor cracks were observed in the concrete driveway
leading to the garage. However, no major structural
distresses were observed in the residence itself.
, d. ~he upper soil type as encountered on the site consists
of light gray silty fine sands. Laboratory test results
indicate these soils possess very low expansion potential.
(Expansion Index = 46)
2 . Based on the results of the site inspection, it is recommended
that :
a. A safe allowable soil bearing value of 1,800 pounds per
square foot be used for the design and checking of foun-
dations, 12 inches in minimum horizontal dimension, and
embedded at least 12 ihches below the surface of the
competent natural or uniformly compacted fill soils.
b. The footing of the proposed balcnony and/or addition should
be founded at least 5 feet back from the top of the fill
slope. Any footing founded closer to the top of fill slope
than 5 feet should be deepened such that the bottom of the
footing should be setback at least 5 feet from the face of
slope at that level (Please refer to Appendix IV).
c. The proposed addition be constructed in strict accordance
with the approved plans and applicable regulations, except
where our recommendations as contained in paras. 2 (a) and
(b) above are more stringent.
Page L-l and Appendix IV are parts of this report.
Respectfully submitted,
ALLIED EARTH TECHNOLOGY, INC.
Robert Chan, P.E.
(3 ) Addressee
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LAND SURVEYING
BOUNDARY & CONSTRUCTION
ENGINEERING ARCHITECTURE
I ~~o2.d-- 442-3077 I
MARY WORRA 632 WEST MADISON
lS 5036 El CAJON. CA 92020
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c. Ñ en- ~\J'LVIZ"- LAND SURVEYING
'V \5" A-\- O¡...>~..¡) BOUNDARY & CONSTRUCTION
ENGINEERING ARCHITECTURE
I ",' , I
9--;23 442-3077
"
MARY WORRA 632 WEST MADISON
LS 5036 EL CAJON. CA 92020
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TRANSMITTAL
Lt.. r:R ¿:_/
ALA DOCUMENT G810
PROJECT: 0::: -<.r":>N ARCHITECT'S -If42d7
(name, address)8~ CO~ C-J'/. PROJECT NO: (.
~N¡"17i) err. V¡(C:¡c?2- DATE: II j1;1r 1773
í ú/TY~6.V· ì
TO: 'þi3P7. OF ~ 't'-¡:::&"C-. If enclosures are not as noted, please
Z. 7.6 4--/:::h. ¡tY€. CY. '1/"1/Ó inform us immediately.
, If checked below, please: '
ATTN: V~ ~ ( ) Acknowledge receipt of enclosures.
L:: .J ( ) Return enclosures to us.
WE TRANSMIT:
..,,><:¡ herewith () u~der separate cover via
( ) in accordance with your request
FOR YOUR:
1><[ approval ( ) distribution to parties () information
( ) review & comment ( ) record
( ) use ( )
THE FOLLOWING:
,Þ<f Drawings ( ) Shop Drawing Prints ( ) Samples
( ) Specifications () Shop Drawing Reproducibles () Product Literature
( ) Change Order J><f /'rPPc//c::r¡-7/0A./
COPIES DATE REV. NO, DESCRIPTION A~~g~
I ?114~ -:::;/rc P4't-N
I C.II.e:r~ ;tpPt/j lOrY ,ñ:?¡1.
/ '1./Z.í!Ø Sð)&S: .~
(E/1 r/S~ /r~~~5ðß5 £Z- ;t!/Jþ5 ~'1:>..Z72..
5'7J.26
ACTION A. Action indicated on item transmitted D. For signature and forwarding as noted below under REMARKS
CODe B. No action required E. See REMARKS below
C. For signature and return to this office
REMARKS
COPIES TO: (with enclosures)
£e:1í) ú'L--;70 AI 0 QAVID G. GRANT A.IA, ARC~ITEC
r-- )f 8 8265 Commercial Street SUite #8
o LaMesa,Callfomla 91942
o BY:
AlA DOCUMENT Ga1. . TRANSMITTAL lETTER . APRil 1970 EDITION . AlA" . COPYRIGHT'" 1970 E E
THE AMERICAN INSTITUTE OF ARCHITECTS, 1785 MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20036 ON PAC
9~ ):J-
~.. -.-..,-- -. ----- -..---,----.--...-....
______n_'__'__..__
DAVID G. GRANT AlA, ARCHITECT
8265 Commercial Street, Suite 8
La Mesa, California 91942
CA lie. #C-21025
AZ lie. #24639
PROPERTY OWNER: KEN & SUZANNE OLSON
OWNER'S ADDRESS: 815 CORRAL COURT
CHULA VISTA, CALIF. 91902
OWNER'S TELEPHONE: (619)475-2265
ASSESSORS PARCEL NO. #593-272-12
CONSTRUCTION COST: $8,500.00
pESCRIPTION OF ENCRDAC~: RETAINING WALL AND DECK
I
REASON FOR ENCROACHMENT:
THE OWNER'S PROPERTY IS LOCATED AT THE TOP SLOPE IN THE SOUTHWESTERLY REGION
OF A 29.23 ACRE (1.273 MILLION SQUARE FEET) PARK OPEN SPACE EASEMENT. THE
OPEN SPACE CONSISTS OF A NORTH FACING NATURAL HILLSIDE WITH SLOPES OF 5% TO
25% AND INDIGENOUS VEGETATION. THE EASEMENT IS GENERALLY BOARDERED BY THE
REAR PROPERTY LINES OF SINGLE FAMILY DWELLINGS.
THE OWNER HAS CONSTRUCTED A RETAINING WALL (FROM 1'- 6" TO 8' IN HEIGHT) AND
WOOD DffX~ THE BASE OF AN EXISTING FILLED SLOPE THAT EXTENDED APPROX. 15'
INTO THE EASEMENT. THE BACKFILLED AREA IS APPROX. 624 S.F. AND DECK IS APPROX.
285 S.F. NO NATURAL VEGETATION WAS DISTURBED OR REMOVED. AN IRRIGATION LINE
WAS RELOCATED. THE WALL AND DECK WERE BUILT WITHOUT A PERMIT BUT ACCORDING TO
REGIONAL STANDARDS.
IN SEPTEMBER OF 1988 THE OWNER HIRED A SOILS ENGINEER TO PERFORM AN INVESTIG-
ATION OF THE PROPERTY. THE ENGINEER NOTED IN THE REPORT THAT UP TO 10' OF FILL
EXISTED IN THE NORTHWESTERLY REGION OF THE PROPERTY. DUE TO HEAVY RAINS IN
RECENT YEARS, EROSION AND SETTLEMENT OCCURED ON THE SLOPE. THE OWNER OBSERVED
PHYSICAL SUBSIDENCE ON NEIGHBORING PROPERTIES AND FEARED THE ULTIMATE COLLAPSE
OF THE SLOPE.
THE RETAINING WALL HALTED THE EROSION ANDSTABILIZED THE SLOPE. THE IMPROVEMENTS
DO NOT RESTRICT THE PUBLIC ACCESS, USE OR ENJOYMENT OF THE EASEMENT. THE NATURAL
STATE OF THE EASEMENT HAS BEEN PRESERVED. THE OWNER REQUESTS. THAT AN ENCROACH-
MENT PERMIT BE ISSUED IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THE
iì3;~;;~ 7~J3
_.,,~_.. ...--...-.. _._.~__.__._..___.______W·~'_
=~c====.===================================================================================================
When recorded, please mail this to: I This space for Recorder's use, only
I
Chula Vista Parks and Recreation Dept. I
Open Space Encroachment I
City of Chula Vista I
P.O. Box 1087 I
Chul. Vlst., CA 92012 I
....:==:...:=.=:====:=.======:=============================================================================
AUTHORI2ATION FOR ENCROACHMENT IN CITY OPEN SPACE LANO
Application Fee: $
Encroachment Permit No. Receipt No:
( yr ) Inspection Fee: $
Receipt No:
Pursuant to Chapter 17.08 of the Chula Vista Municipal Code, permission is hereby granted
to: to do work with i n . portion of open space lend
belonging to the City of Chula Vista.
All terms and conditions of this permit as to the permi ttee shall be 8 burden upon permittee's land and
shall run with the land. All conditions apply to permittee and all assigns or successors in interest.
Whereas, the permi ttee has requested the permi ss i on of the Ci ty of Chula Vista to encroach on the City
open space land adjacent to and for the direct benefit of the fOllowing described
property: (Assessors Parcel'
No. (s) ) to do the
following work:
Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the
parties hereto agree as follows:
Permission is hereby granted to install the above~mentioned encroachment on the real property of the City
described above in accordance with the following conditions:
1. Said installation shall, in no way interfere wi th any existing utility, including storm drain lines
owned and maintained by the City. Any changes of any uti 1 ity due to the ins~allation of the
permittee's private facilities shall be at the soLe expense of the permittee. The encroachment shall
be installed and majntained in a safe and sanitary manner as determined by the City.
2. Maintenance, removal or relocation of the above~mentioned installation of the private facilities
shall be the sole responsibility of the permittee, or lessee at no expense to the City.
~PC 1580R 9--31
(Revised 1'/90) Page 1 of 2
~--'-'~""'-
3. Said installation shall conform to the standards of the City of Chula Vista and shall conform to the
regulations as set forth herein:
1.
This permit is revocable upon thirty (30) days written notice to the permittee, Bnd upon such notice,
the instal(ation must be removed, or relocated, 85 may be specified by the permittor at permittee's
expense at the said time. If the permittee fails to remove or relocate the encroachment within the
period allotted, the City may cause such work to be done and the cost thereof shall be imposed 8S a
lfen upon the permittee's property.
Permittee hereby agrees to indemnify and hoLd harmless the City of Chula Vista, as indemnitee, its
eLecHve and appointive boards, officers, agents and employees, from any 1 iabfl hy for damage or
claims for damage for personal injury, including death, as well as from claims for property damage
which may arise from this permit, whether due to operations of permittee, or by a subcontractor, or
subcontractors, or by anyone of more persons directly or indire~tly employed by, or acting as agent
for permi ttee, or any subcontractor or subcontractors, or from indemnitee's negligence. Permittee
agrees to, and shall defend the City of Chula Vista and its elective and appointive boards, officers,
agents and employees, from any suits or actions by law, or inequity for damages caused, or alleged to
have been caused, by reason of the aforesaid operations.
The undersigned permittee hereby accepts the foregoing encroachment permit upon the terms above set
forth and agrees to all of the conditions and covenants on its part to be performed. It is
understood and agreed that, in add it i on to the above conditions, all applicable conditions of the
City of Chula Vista Code are incorporated herein by reference 8S if set out in fulL It is further
agreed that if any part of this interferes wi th the future use of the right of way by the genera I
public, it must be removed, or relocated, as designated by the City, at the expense of the permittee.
APPLI CANT DIRECTOR OF PARKS AND RECREATION
CITY OF CHULA VISTA
'''~. /"'¥¿fj /L----- By
Date L/ - :J{-ý ? Date
Attested by:
(Applicant: Attach appropriate
notary acknowledgment)
Severly A. Authelet, City Clerk
NDTE: Permittee is to submit 8 check or money order payable to County of San Diego in the amount of $5
for first page, $2 for each additional page, including jurat, for recordation of this permit.
UPC 1580R 7- )/c:'
(Revised 11/9D) Page 2 of 2
...-...---"-....-...
-_.._--~._._---_._._---
~ State of California
'" ,
~ County of S/lN L)¡~'6' éJ
~
§ On A?/(ì,- U If'fJ before me, JoS~J>// V &/?>/è Î.5 dN'
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0 personally appeared ¡é.·cWNcr ¡.j ::¡: OLSo¡<,/
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¡;; personally known to me (or proved to me on the basis of satisfactory evidence) to be the
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Æ person(s) whose name(s) is/are subscribed to the wijhin instrument and acknowledged to me
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"'
Q) his/her/their signature(s) on the instrument the person(s). or the enti!y upqn beha~ of which
~
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E Joseph V. Harrison
0 WITNESS my official hand and seal. G) . NOTARY PUBUC CALIFORNIA
Ii.
~ SAN OIEGO COUNT¥
'" s~L1~ y~~ ~ , My Comm e)(ptrea Aug. 26 '994
...
"
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THIS AREA FOR OFFICIAL NOTARY SEAL
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cm OF
CHUlA VISTA
PARKS AND RECREATION DEPARTMENT
March 11, 1994 ¡::
Kenneth and Susan Olsen
815 Corral Court
Bonita, CA 91902
Re: ENCROACHMENT OF FENCE WALL AND DECK - DESTRUCTION OF OPEN SPACE
VEGETATION
Dear Mr. and Mrs. Olsen:
,
We have observed that you have built a block wall and wooden deck on the City's open space land at the rear of ;.)
the above referenced property, and appear to have done so without any permission from the City. ,
The City as trustee for public open space land has a strict policy of prohibiting such encroachments. You appear
to have used City land without paying for same, and you appeared to have destroyed open space vegetation, the
maintenance of which is paid for by members in your assessment district.
Please indicate, within 15 days, your willingness and intent to return City open space to its original condition by
contacting the undersigned at 691-5071 according to the folJowing schedule:
1. Within 30 days from the date of this letter, submit plans acceptable to the undersigned for ,
returning the open space to its original condition. :~
"
~
2. Within 30 days after plan approval by the City, return the open space to its original condition; ~'
:.,;.
within 60 days unless you can offer justification for a longer term. ì
<
~
An alternate course of action for you is to deposit $10,000 with the City, which would be used to cover the costs ~
of allowing city crews and a city contractor to enter and remove the encroaching items, and to restore the property ,
tG it; original cvûdition. If more funds are need~, yoe ..vil! !::~ r:!>p~!ldble far ::am.~; and any ba1æt;e will be
returned to you.
Thank you for your prompt attention to this matter. Please do not hesitate to discuss this matter with the
undersigned. Please call to indicate which course of action to remedy this violation you would like to take.
s~r
. L, 1.:ZÜtt·~ <
Jess Vålenzuela, Dire r
Department of Parks d Recreation
A:IJERRY\LTR.m5.93
5~]~ ¡
¡
,
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5071
. _,..... ~··m·.. .'._._.._.._____.__.__. --.---
GRANT & TAYLOR
k Architecture' Engineering
--- .._, ......,.
826~ CornnlerciaJ StrC':t".I, 151111(', 8
La Mesa, Cali(omia 91942
619'697'2969
G
\" ;¥ 18 MARCH 1994
..
,
CITY OF CHULA VISTA; DEPARTMENT OF PARKS AND ReCREATION
;-,- 276 fOURTH AVENUE
,,' CHULA VISTA, CALIFORNIA 91910
i'
:'\' RE: OLSON RESIDENCE
815 CORRAL COURT
BONITA, CALIFORNIA 91902
)
"~ DEAR MR. VALENZUELA, .
: ,.': I HAVE BEEN FOREWARDED A COpy OF YOUR LETTER TO MR. & MRS. OLSON DATED
',~~\,
'ii, 11 MARCH 1994.
; 'I
,
"
,
, YOUR LETTER MAKES NO REFERENCE TO THE OPEN SPACE ENCROACHMENT PERIHT
" '~
,; ,;,<
1,:;j APPLICATION PREPARED BY MY FIRM AND FILED WITH THE D¡':PARTMENT OF PARKS
,'~ '"
" ',~ ANIJ RECREATION ON 11 MAY 1993. THE APPLICATION WAS COMPLETE WITH ALL
;~
~ REQUIRED DRAWINGS, DESCRIPTIONS . REASONS , J.,RC;A [, DF.:SCRIPTIONS, FEES
~ .¡Î
,
'. AND NOTARY SEAL.
"
'", J DUE TO THE FACT THAT IS HAS BEEN ALMOST ONE YEAR SINCE TilE DATE Of
'" I APPLICATION WE WOULD REQUEST ADVISli:¡'ll.~:N'1' AS TO THE PENDING STATUS.
c1 ',,'
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f
, ,¡,,:~ THANK WU FOR YOUR COOPERATION.
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... , . GRANT A.R.A., ARCIIITECT!PRI
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CITY OF
CHUIA VISTA
PARK~; AND Ht:.CI-~i.:.A 1 ION Dl::f'AH \ Mtr'-J 1
March 22. 1994
Mr. David G. Grant, Architect f/
Orant and Taylor
826S Commercial Street
Suite 8
La Mesa, CA 91942
Re: ENCROACHMENT ON CITY PROPERTY· OLSEN RESIDENCE
~ Mr. G~,:u:!;
In your ener deted March 19, 1994, you referenced the Open Space Encroachment Permit application filed with
the Department on May 11, 1993, The Deputy Dircctor of Parks investigated the status of this application and
reported the following:
Staff did not take any action on the Encroachment Permit because the improvements on the Olsen
property We« ai«ady in place. Before staff could evaluate and make any rec<Jmmendat;ons on
the encroeclunent, the integrity of the wall required documentation via a building permit issued
by the City's Building and Housing Department. The Building and Housing Department would
not get involved unless an approved t-nc.roamment perm.it it on fíl~,
10 regards 10 thc above catch-22 dilenunn, your client', improvements on City Open Space were in violation prior
to the date the application was submitted. Mr, Fonce:rada. Deputy Director. recalls specifically diseuuing this
encroachment at the Parb and Recreation Office with you prior to the Olsen', submitting the Encroachment
Application. At that time, Mr. Foncerrada atated to you, the Department would nOI allow thi, type of encroachment
on Open Space land, and your clienta would be required to remove any encroachment,
The Department should have taken immediate action tast May 10 abate the eneroach"",nt. which would have required
your client to do what the Departme"t i,; requer:;ting at this time.
In au""""'Y. the Olsen's encroachment on City Open Space was not the result of 'tair. inaction in processing th~
Ope" Sp;u:e Encroachmçnt Permit. The deck and wall were already established. and i. a severe violation to
encroach on City land.
I would appreciate a reply fro", your client on when 'they wì1l begin abatement of this viol.tion.
Sincerely,
~-liU~t~~
Jess Valenzuela, D' tor
Depanment of Parks and Recreation
cc: Mr. 8< Mrs. Olsen
City Attorney
A.·\JÐRV\LTR'()".~ Cj -'-It?
276 FOURìH AV(;'.fCHULA './IST,~, CAI..If-f..)~"'JlA 91910/(619\ 1391 . Sf'''' .
----...----"--.-.-
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
J: May 12, 1994
Mr. and Mrs. Kenneth Olson
815 Corral Court
Bonita, CA 91902
Dear Mr. and Mrs. Olson:
Your failure to remove your encroachment onto city property, per
the repeated requests of the Department of Parks and Recreation,
has resulted in your case being referred to this office.
Your intrusion into the open space violates local ordinances and is
a misuse of public property.
I will refrain from filing a criminal complaint against you until
May 23, 1994 to give you one last opportunity to remove your deck
and retaining wall. In the event of your failure to do so, I will
file the enclosed complaint.
V1;¿V;
Ruth M. Fritsch
Assistant city Attorney
RMF:clb
Enc.
cc: David G. Grant
Grant and Taylor
8265 Commercial st., ste. 8
La Mesa, CA 91942
Bruce Boogaard, City Attorney
Jess Valenzuela, Director of Parks and Recreation
(ltr\Olson)
Cþ ~t/
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
_______ ~.__._m_. ---_...__._,._._.,-_.~~~-,----_.._-~--
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
SOUTH BAY JUDICIAL DISTRICT
.
The People of the State of California,
Plaintiff,
Docket No. .".......................",
vs.
Kenneth Olson
. Ùs"ëö;:;:äï"ëöiï;:t ''''''..''..''.''''.. "...... Complaint
Bonita CA 91902
.... ..........L......_........... ..._ ...... ...................... .,........ ~~~ MISDEMEANOR
Defendant .....
The undersigned complains that in the County of San Diego, State of California, and before
the making or filing of this Complaint, the Defendant{s) did commit the following crime{s).
COUNT ONE: On or about November 2, 1993, said defendant did
unlawfully encroach into City open space without authorization or
permit in violation of Chula vista Municipal Code Chapter 17.08.
I certify under penalty of perjury that the foregoing is true and eorrect.
Executed aL.Ç.hJJ..1Ç!...Y..t_~_j;.ç..._.._........_._.........., California on
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AREA FROM OPEN SCALE 1 - =40'
SPACE . 950 SDUi,RE FEET
PROPOSED I
PROPERTY LI NE
AREA TO OPEN
SPACE . 9?8 SQUARE FEET
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FENCE PROPERTY LI NE
815 CORRAL COURT WOOD DECK
PROPOSED
LOT 1Ø5 MAP ??99 WOOD B GLASS WALL PROPERTY
LINE
LOT lØ6 MAP ??99
I 9-71
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"~_..- ------_.,---~_...
THAT PORTION OF LOT 105 OF RANCHO ROBINHOOD, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 7799, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1978, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 105; THENCE NORTH
20°00'00" EAST ALONG THE EASTERLY LINE OF SAID LOT 110.00 FEET TO
THE NORTHEAST CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 41°36'57" WEST 19.52 FEET; THENCE NORTH 33°04'00" WEST
4.36 FEET; THENCE NORTH 78°06'45" WEST 15.90 FEET; THENCE SOUTH
56°17'45" WEST 3.53 FEET; THENCE NORTH 77°42'31" WEST 43.89 FEET;
THENCE SOUTH 52°29'58" WEST 14.83 FEET TO THE NORTHWEST CORNER OF
SAID LOT 105; THENCE SOUTH 77°36'55" EAST ALONG THE NORTHERLY LINE
OF SAID LOT 90.80 FEET TO THE TRUE POINT OF BEGINNING.
9~r~
.. _.._-_.._._~.~.__._--~----------
THAT PORTION OF LOT 106 OF RANCHO ROBINHOOD, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 7799, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1978, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 106; THENCE NORTH
20°00'00" EAST ALONG THE WESTERLY LINE OF SAID LOT 110.00 FEET TO
THE NORTHWEST CORNER OF SAID LOT AND THE TRUE POINT OF BEGINNING.
THENCE SOUTH 63 ° 49 ' 16" EAST 6 7 . 9 9 FEET; THENCE SOUTH 8 7 ° 4 4 ' 0 5" EAST
7.22 FEET; THENCE SOUTH 52 ° 48' 06" EAST 13.70 FEET; THENCE SOUTH
17°38'04" EAST 6.26 FEET; THENCE SOUTH 53°09'05" EAST 26.22 FEET;
THENCE 69°53'45" EAST 3.78 FEET TO THE EASTERLY LINE OF SAID LOT
106; THENCE NORTHEAST 20°00'00" ALONG SAID EASTERLY LINE 22.02 FEET
TO THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 70·00'00" WEST
120.00 FEET TO THE TRUE POINT OF BEGINNING.
9-Ljk
. ...____.._ ______n_.._____."_ ----'''-
0-1 THROUGH 0-5 ARE TAKEN FROII VARIOUS LOCATIONS BELOW THE OLSON'S
HOllE (WHICH IS CIRCLED). THEY SHOW THE STEEPNESS AND INACCESSIBILITY
OF THE HILLSIDE AND LACK OF VISIBILITY OF THE OLSON'S WALL AND DECK.
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Item No. lOA & lOB
Date 2/21/95
lOA. RESOLUTION 17814 APPROVING FINAL MAP AND BUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 95-03,
EASTLAKE SOUTH GREENS, UNIT 20 (VENT ANA)
g. RESOLUTION 17815 APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT REQUIRING DEVELOPER
TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTIONS NUMBER 17774
AND 15200 APPROVING A TENTATIVE
SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS
VENTANA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
Staff requests that Item lOA and lOB be pulled from the Agenda.
- /tJ..
._~_.__.___.____._~______.~_._~~.___w_.__.____..____._~__.__...____.______u~____._~·______·_
February 14, 1995
Memo to: City Clerk
from: ~~
Colleen M. Kelly for Jerry R. Rindone
subject: item for "Council Comments" section of 2/21/95 agenda
Please include the following item in the "Council Comments" section of the February 21
agenda for Councilmember Rindone.
Thank you
----------------------------------------------
----------------------------------------------
The Asia Foundation and United States - Asia Environmental Partnership (US-AEP) are
making available a fellowship to assist the City of Chula Vista in two project areas. The
selected fellow, Ms, Yasmin Arquiza a resident of the Philippine Island of Palawan, will
assist the City in developing a local environmental education program on the effect of
global warming, and will also assist in the development of an awards project for
business innovations in C02 reduction.
The Foundation and Partnership will cover Ms, Arquiza's expenses during her stay here
in Chula Vista, including lodging, meals, transportation and other incidentals, as well as
the costs of site visits associated with the program.
Ms. Arquiza is a journalist, and the editor of 'Sandillo ng Palawan', an environmental
community magazine. She is expected to stay with us for 8 weeks, from March 1
through May 12 of this year.
I hope the entire Council will join me in welcoming Ms. Arquiza to our community and
in enthusiastically accepting the Asia Foundation's and US-AEP's offer to fund this
fellowship.
15a- ~ J
._"--,",----,._".. --~._------"_...- - --------~~~----