HomeMy WebLinkAboutAgenda Packet 1994/01/11
"1 declare under penalty of perjury that ram
empro~'ed by the City of Chula lii.ta in the
Of.fice of the City Cler;, and t;1a~ I pos;:ed
Tuesday, January 11, 1994 this Agenda/Notice en the Bulletin B03rd ût
the Public erv'ces Bu'! Ijn~ "nd a^ C't tat! Council Chambers
6:00 p.m. .... i:" C:, ~ I Y " ·on
DATED. / ~ . '1 SIGNED . A'~ . ,public Services Building
Re lar Meetin of the Ci
CALL TO ORDER
1. ROU. CAIJ..: Councilmembers Fox _' Horton _, Moore _, Rindone _, and Mayor
Nader -
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: January 4, 1994 (City Council Meeting) and January 4, 1994
(Joint Meeting of the City Council/Redevelopment Agency)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Jorge F. Castillo - Cultural Arts Commission.
CONSENT CALENDAR
(Items 5 through IO)
The staff recomnwu/JJtions regarding the following iJems listed under the Consent Calendar will be enacted by the
Council by one motion wilhout discussion unless a CounciImember, a member of the publiJ: or Cily staff requests
that the íJem be pulled for discussion. If you wish to speak on one of these iJems, please fúl out a "Request to
Speak Form" available in the lobby and submiJ iJ to the Cily Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendntion; complete the pink form to speak in opposiJion to the staff
recommendntion. ) Items pulled from the Consent Calendar will be discussed after Board and Commission
Recommendntions and Action Items. Items pulled by the public will be the first iJems of business.
5. WRITfEN COMMUNICATIONS:
a. Claims against the City: Claimant Number 1 - American Bonding Company, c/o George
Spaeth, Esq., Buchalter, Nemer, Fields & Younger, Attorneys at Law, 333 Market Street, 29th
Floor, San Francisco, CA 94105-2130; Claimant Number 2 - Elizabeth Jackson, c/o Lindsay
R. Brack, Attorney at Law, 11440 West Bernardo Court, Suite 300, San Diego, CA 92127;
Claimant Number 3 - Big 7 Motel, c/o Transamerica Insurance Company, Jeanne Murray,
Claims Representative, 2141 E. Highland Avenue, Suite 200, Phoenix, AZ 85016. It is
recommended that the claims be denied.
b. Letter requesting a public rehearing on the Covenant Christian School CUP term length -
Gordon E. Dunfee, Esq., Managing General Partner, California Land Associates, No.1, 6480
Weathers Place, Suite 220, San Diego, CA 92121. It is Staffs recommendation that the
rehearing not be granted inasmuch as no new evidence has been provided to justify a
rehearing of the Conditional Use PeID1it. However, if Council wishes to reconsider their
action, it would be recommended to set the new hearing for 1/25/94.
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Agenda -2- January 11, 1994
6. RESOLlfI10N 17356 ESTABUSHING 1.0 POUCE SERGEANT AND 1.0 POUCE AGENT
POSITIONS IN THE POUCE DEPARTMENT TO FILL VACANCIES CREATED
BY THE CITY'S PARTICIPATION IN THE TACTICAL ACTION CARGO
THEFT TEAM, CREATING THE REGIONAL AlITO THEFT TASK (RATT)
FUND, RECOGNIZING PROSPECTIVE REVENUE RESOURCES, AND
APPROPRIATING EXPENDITURES THEREFROM - The proposed resolution
would increase the Police Department's position count by 2.0 sworn
positions, 1.0 Police Sergeant, and 1.0 Police Agent to supervise and staff
the Tact Team. The Tact Team will operate under the umbrella of the
Regional Auto Theft Task Force. The additional positions will be paid for
by funding made available to local government through SB 2139. Staff
recommends approval of the resolution. (Chief of Police) 4/5th's vote
required.
7. RESOLlfI10N 17357 APPROVING THE MASTER PLAN FOR THE MCCANDUSS MEMORlAL AND
HALECREST PARK AND ADOPTING NEGATIVE DECLARATION IS-93-26 -
During the Fiscal Year 1991/92 budget process, Council approved, in
concept, Phase I of the capital improvement project for the Gayle
McCandliss Memorial Grove and Nature Trail. Since that time, an in-house
Master Plan has been developed for both Halecrest Park and the Gayle
McCandliss Memorial Grove and Nature Trail. The design and
development of the Master Plan has been prepared for Council
consideration and approval. Visual drawings of the site will be available
at the Council meeting to facilitate the description of the proposed Master
Plan. Staff recommends approval of the resolution. (Director of Parks and
Recreation)
8. RESOLUTION 17358 APPROPRIATING $26,000 FROM COMMUNlIT DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM INCOME ACCOUNT TO PAY FOR SOlITH
CHULA VISTA UBRARY PROJECT RELOCATION BENEFITS - The City
utilized $2,285,000 in CDBG funds for the purpose of acquiring the
property and relocating tenants from the site located at Fourth and Orange
Avenues. To date, all of the property has been acquired; construction is
anticipated to begin January 1994; and a partial payment has been made
for the relocation of a tenant. However, the City still needs to pay
approximately $26,000 in additional relocation benefits to two additional
tenants. Staff recommends approval of the resolution. (Director of
Community Development) 4/5th's vote required.
9. RESOLlfI10N 17359 AMENDING SCliEDULE VI, SECTION 10.52.340 OF THE MUNICIPAL CODE
RELATING TO PARKING TIME UMITED ON CERTAIN STREETS - SHASTA
STREET FROM DEL MAR AVENUE TO THIRD AVENUE - On 1/5/93, a
Trial Traffic Regulation establishing a two hour time limit parking
restriction between the hours of 8:00 a.m. and 6:00 p.m. for the 200 block
of Shasta Street was implemented pursuant to the provisions of Section
10.12.030 of the Municipal Code. Signs indicating the restriction were
installed on 1/25/93. Staff recommends approval of the resolution.
(Director of Public Works)
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Agenda ·3· January 11, 1994
10. REPORT SEWER SERVICE CHARGES FOR 1010-1016 BROADWAY, ASSESSOR'S
PARCEL NUMBER (APN) 618-110-31·00 . On 12/14/93, Fredrick
Schnaubelt inquired about the accuracy of the sewer service charges
assessed to his shopping center located at 1010-1016 Broadway, APN 618-
110-31-00. As directed by Council, staff is submitting the report in
response to Mr. Schnaubelt's inquiry. Staff recommends Council accept the
report. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLlfI10NS AND ORDINANCES
The following iJems have been advertised and/or posted as publiJ: hearings as required by law. If you wish to speak
to any uem, pæase fill out the "Request to Speak Form" available in the lobby and submu U to the Cily Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendntion; complete the pink form
to speak in opposiJion to the staff recommendation.) Comments are limued to five minutes per individual
11. PUBUC HEARING PCA-93-0l CONSIDERATION AND ADDITIONS TO AND AMENDMENTS OF
PORTIONS OF TITI.E 19 OF THE MUNICIPAL CODE TO ALLOW
AUCTIONS SUBJECT TO APPROVAL OF A CUP IN THE I-P (GENERAL
INDUSTRIAL/PREClSE PLAN) ZONE - The project is a City-initiated text
amendment to portions of the zoning ordinance to allow auctioning of
vehicles, heavy machinery, and equipment upon issuance of a Conditional
Use PeID1it. Staff recommends Council place the ordinance on first
reading. (Director of Planning) Continued from the meeting of1Z114/93_
ORDINANCE 2584 ADDING SECTIONS 19.04.015 AND 19.58.055 TO, AND AMENDING
SECTIONS 19.46.040, 19.58.070 AND 19.62.050 OF, THE MUNICIPAL
CODE RELATED TO ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT BY THE PLANNING
COMMISSION (first readinsd
ORAL COMMUNICATIONS
TJús is an opportuniJy for the general public to address the Cily Council on any subject matter wÍlhin the Council's
jurisdiction that is not an íJem on this agenda. (State low, however, generally prohihíJs the Cily Council from
taking action on any issues not includ£d on the posted agenda.) If you wish to address the Council on such a
subject, pæase complete the yellow "Request to Speak Under Oral Communications Form" availabæ in the lobby
and submiJ u to the Cily Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limued to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
TJús is the time the Cily Council will consider uems which have been forwarded to them for consideration by one
of the Cily's Boards, Commissions and/or CommÍltees.
None submitted.
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Agenda -4- January 11, 1994
ACTION ITEMS
The uems listed in this section of the agenda are expected to e/ú;íJ substantiLll discussions and deliberations by the
Council, staff, or members of the general pub/ú:. The uems will be considered individually by the Council and staff
recommendntions may in certain cases be presented in the alternative- 17wse who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submu u to the Cily Clerk prior to the meeting. PubliJ:
comments are /imíJed to five minutes.
12. RESOLlTI10N 17360 APPROVING AN AGREEMENT WITH THE CAUFORNIA DEPARTMENT OF
TRANSPORTATION FOR INTERCHANGE TRAFFIC SIGNALS
IMPROVEMENT AT INTERSTATE ROlITE 805 AND OTAY VALLEY ROAD
AND AlITHORIZE THE MAYOR TO EXEClITE SAID AGREEMENT - The
California Department of Transportation (Caltrans) has completed a project
report for the subject interchange traffic signals improvement. Caltrans is
now prepared to enter into a cooperative agreement with the City to
encumber funds to design and construct the proposed project. The
construction of the project is scheduled to commence in July 1994. The
project report is the backbone for the cooperative agreement in
deteID1ining work to be done, design specifications, and construction and
associated project costs. Staff recommends approval of the resolution.
(Director of Public Works)
13. REPORT UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
ITEMS pUlJ..ED FROM THE CONSENT CALENDAR
This is the timE the Cily Council will discuss uems which hove been removed from the Consent Calendar. Agenda
íJems pulled at the request of the publiJ: will be considoed prior to those pulled by CounciImembers. PubliJ:
comments are limíJed to five minutes per indivilbJlJL
OTHER BUSINESS
14. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
15. MAYOR'S REPORTCS)
16. COUNCIL COMMENTS
Councilman Rindone
a. Partnership with High School Disttict for a monument sign on "H" Street.
b. Establish an "Adopt a Community Graffiti Abatement Partnership" with individual schools.
(City to award appropriate recognition for areas with graffiti abatement.)
c. Ratification of appointment: Elizabeth Lebron - Economic Development Commission.
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Agenda -5- January 11, 1994
ADJOURNMENI
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 1/4/94.
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula
Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Schaefer vs. the City of Chula
Vista.
Pending litigation pursuant to Government Code Section 54956.9 - Clifton vs. the City of Chula
Vista.
Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula
Vista.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on January
18, 1994 at 6:00 p.m. in the City Council Chambers.
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NOTICE OF A SPECIAL CLOSED SESSION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
NOTICE IS HEREBY GIVEN that the Mayor and Council of the city
of Chula vista has called and will convene a Special Closed Session
of the City Council of the city of Chula vista on Tuesday, January
11, 1994 in the City Council Chambers, Public Services Building,
276 Fourth Avenue, Chula Vista, CA, at 5:00 p.m.
SAID PURPOSE OF THE CLOSED SESSION is to discuss:
Instructions to negotiators pursuant to Government Code section
54957.6 - Chula vista Employees Association (CVEA), Western Council
of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters (IAFF), Executive
Management, Mid-Management, and Unrepresented.
DATED: January 10, 1994
Beverly A. Authelet, CMC
City Clerk
"I declare under penalty of perjury that I am
employed by the City of Chu!a Vista in the
Of.fice of the City Clerk and that I p03ted
this Agen:c/NoUce on the [}u!l~1:n 8D~rd at
the PUbl'c~cr~~~t Bu!I:Jin:: " Cit Hall o~
DATED. \ \~ SIGNED ..
, '
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January 6, 1994
TO: The Honorable Mayor and City Council,
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FROM: John D. Goss, City Manager-J"Ä \Jð <)
SUBJECT: City Council Meeting of January 11, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, January 11, 1994. Comments regarding the Written
Communications are as follows:
Sa. IT IS RECOMMENDED THAT THE CLAIMS FILED AGAINST THE ClTY BY AMERIAN
BONDING COMPANY, ELIZABETH JACKSON AND THE BIG 7 MOTEL BE DENIED.
5b. This is a letter from Mr. Gordon Dunfee requesting reconsideration of
Council's action of December 14, 1993, approving the Covenant Christian
Conditional Use Permit for a 2 1/2 year period. IT IS STAFF'S
RECOMMENDATION THAT THE REHEARING NOT BE GRANTED INASMUCH AS NO NEW
EVIDENCE HAS BEEN PROVIDED TO JUSTIFY A REHEARING OF THE CONDITIONAL USE
PERMlT. However, if Council wishes to reconsider their action, it would
be recommended to set the new hearing for January 25, 1994.
JDG:mab
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COUNCIL AGENDA STATEMENT ~
Item
Meeting Date 1-11-94
ITEM TITLE:
Claims Aqainst the City
SUBMITTED BY: Director of Personnel ~ (4/5ths Vote: Yes___ No~)
REVIEWED BY: city Manaqer~ \~~C¡{)
Claimant No. 1: American Bondinq Company
c/o Georqe spaeth, Esq.
Buchalter, Nemer, Fields , Younqer
Attorneys at Law
333 Market street, 29th Floor
San Francisco, CA 94105-2130
On Dece,mber 9, 1993, a claim for an amount within the jurisdiction
of the Superior Court was filed on behalf of American Bondinq company
aqainst the City of Chula vista. The claim for damaqes was filed in con-
nection with an incident on June 9, 1993. It is alleqed the City is
responsible for monetary loss and loss of reputation when the City excluded
American Bondinq company from postinq bonds on Chula vista projects.
Althouqh'liability is questionable, we are continuinq our investiqa-
tion and it is desirable to start the statute of limitations. It is the
recommendation of the city Attorney and Risk Manaqement that the claim be
denied.
Claimant No.2: Ms. Elizabeth Jackson
c/o Lindsay R. Brack
Attorney at Law
11440 West Bernardo court, Ste. 300
San Dieqo, CA 92127
On November 23, 1993, a claim for $100,000.00 was filed aqainst the
City by Ms. Elizabeth Jackson, for injuries she alleqedly received when
she tripped and fell over the leq of a free-standinq siqn on Broadway. It
is alleqed the City was responsible for her fall due to the placement of
the siqn durinq the construction and improvement of Broadway.
Because the contractor siqned a hold harmless aqreement and provided
the necessary insurance to the city, it is the recommendation of the City's
claims adjustors, Carl Warren , company, and Risk Manaqement, that this
claim be denied.
Form A-113 (Rev. 11/79) 5~-/
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ITEM ~
MEETING DATE 01-11-94
Claimant No.3: Biq 7 Motel
c/o Transamerica Insurance Company
Jeanne Murray, Claims Representative
2141 E. Hiqhland Avenue, ste. 200
Phoenix, AZ 85016
On December 3, 1993, Biq 7 Motel, throuqh its insurance carrier,
filed a Claim aqainst the City of Chula vista for indemnity in connection
with the reported accident of Ms. Elizabeth Jackson. As stated before,
Ms. Jackson alleqes the city of Chula vista was responsible for her trip
and fall over the leq of a free-standinq siqn on Broadway, located in front
of the Biq 7 Motel, on July 24, 1993.
Because the contractor siqned a hold harmless aqreement and provided
the necessary insurance to the City, it is the recommendation of the city's
claims adjustors, Carl Warren , company, and Risk Manaqement, that this
claim be denied.
RECOMMENDATION: Deny the above three claims.
j
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GREAT PACIFIC GROUP TEL:6194572315 Dee 30 93 17:41 No.008 P.01
..IAN CALIFQØNIA LAND ASSOCITBS, - NO. 1
6480 W.a~h.rs Place, Suite 220 I
San Diego, California 92121 I
DeClØllber 30, 1~93 ~TIFICATION
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Mayor '1'illl Nader Da~ 1/ ..; Time . 8": ( (j
Counailmember Shirley A. Hor~on Received 1 01he'
Counoilmember Robert P. Fox Aft.. 5p1T\ ( ,.
Counoillllember Leonard M. Moore Please check your messages
Counoillllember Jerry R. Rindone bo'o'" calling WO~~ . g
City of Chula vis~a regan:Mg Incoml~.
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The Bonorable Mayor and City Council_mbersa mþ ~
I reoeived via facsimile the December 23, 1993 lIIemorandUIII from
Bob Leiter, Director of Planninq, to John Goss, Ci~y Manager,
regarding my request for a publio r.-h.aring on the Covenant
Chrietian School's. ("CCS") ruling regarding their CUP term l.ngth~.
While I appreciate the Planning »epa:rtment's qood faith
determinations regarding the CCS and our property, the Planning
Department has been consistently opposed to any term over two years
for this CUP. Therefore, it comes a. no surprise to me that ~he
Department endor.e. the 2.5 year term and will not request a
rehearing on this issue. AS an aside, it is my understanding from
public testimony given at the 1a.t hearing, that there have been
recent educa~iona1 CUP'\,qranted that have no term attached, i.e.,
they are of indefinite duration.
If you will reoall, the CCS hearing wee oric¡inel1y heard
t during ~he December 4, 1993 Jl\ee~inq of the Counoil. Dux:in9' that
". hearing, councilmamb.r Rindona IllAde a motion, which was paased, to
continue ~he CUP. However, ~h. only two i..ue. we were to be
,. addreøøinq that evaning of the December 14, 1993 wa. tha~ of
coordination of mixed use of the building with both tenant. and
Scobee Park u.age. Both the.e issues weJ:. cU.ligently worked on and
resolved to the satisfaotion of the parties, the Planning
Department .taff and Bastlake Business Center. The day of the
hearing, Deoember 14, I reoeived a copy of the Eastlake letter via
Curt Stevenson. Obvioualy, we had literally no time to prepare any
rebuttal. On that sarne day, after a telephone conversation with
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Deoember 30, 1994
Page Two
Curt, he assured me that this was, in his opinion, an extremely
unlikely situation to occur (to have II. laCIutely toxic user in the
park), however, he felt it was propel: to·clisclo.e the cocle .ections
in hie letter. Be also stated, please note, that Bastlake Business
Center had NO OBJECTION TO Tim FIVE YBAR TBM. UpDn hearing of the
council's decision regarding the term of two and one half years he
expressed to me real sUl:prise. Be stated to me that he was
surprised that etaff did not cOlDlllunioate to the council his
statement that the possibility of this ever happening was
"infinitesimal" . I would hope that Curt oan make the next hearing
to clarify this position.
I am also concerned that, the Council, through the denial of
tli.·~iv.."y.àr tèn\" h~..,ta!cenä podtion,tha~ J;,do'nDt believe .,: ,'"
represents their intent or what most citizens of Chula Vista will .'
concul: with. . '.
1. ACUTELY IlAZARD0U8 ~.RtAL .. ~ZtC CBBMtCALS. The reasons II
given for the City Councils' denial of the CCS five year term _re
dir.ctly based upon the proposed, and yet unadopted, bio-tech
sone ' s encow:agem.nt of th. developllBnt of industry that will i
produce, per the staff memo, quantities of "toxic chemicals" and ,
"aoutely basardous materials" sufficient to produce a "sitnifioa"t
likelihood of risk" to "sensitive populationsw. '!'hie is oertainly
not the model of a bUBiness park that Bastlake has been proudly
IrOllOting to the homeowners· and businesses, both present and
uture, within the development. I also believe that the folk. at
Kaiser Medical Center would be unhapfiY with the rroduction or us~
of such materials in the vicin ty of the I' new flagship ,
hospital/medical oenter. Further, the BaRlake COIIIIIun.t.ty Church I
prides 1-t.elf (they were a fOJ:JHX -tenant of ours I with theLII:'
children and teen programs. X would expeot they would a. _11 be
surîri.ed to learn that the City is prepared to promote these types
of naustries as neighbors in a planned development.
2~ IDUCATIOH. Througb the limitation of a two and. one half
year term with the knowledge that tbis will jeopaJ:diroe the sohool.
future because it makes the concept of a move, with all incumbent;
expenses, unlikely, combined with the enormous "hoopsW CCS had to
jump through to get to the December 16 hearing sends a chilling
(and I believe inaoouratel message to private educators that the
Chula Vista City Council is not a friend to the private eduoation
of area children. Please bear in mind that CCS reque.ted a permit
from the planning Department in July of this year and that a CUP i.
ntIC.s.ary in any location they will be in.
You, as Mayor and City Counoillll8lllbers, have the opportunity to
rehear this important issue and eet the rtICord straight. ..... '.
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December 30, 1993
Page Three ,
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In light of the above, I believe that a re-hearing on this CUP
five year term issue is apprcp:date. The term is economioally and
educationally critical for ccs, for the property owners, the
fwliee of Chula ViBta and for the City of Chula Vista.
Therefore, please permit this ilSBue to be II. calendared public
hearing item on the next possible agenda for the City Council, the
11th of January, 1994. Thank in advance for your time and
oonsideration.
Respectfully submitted, I
CALJ:FORNIA LAND ASSOCIATBS I
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a California limited partnership
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Gordon B. Dunfee, Bsq. ¡
Managing General Partner
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Ha1'Or !'ia .ader Da18 ,/..; T1Ir* . r.r,' (ð
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counci1member Shirley A. Borton I\eœIYed I 01'4"
COIIDOi1aelllber Robert P. Fox ",... 6pm I
CounoLJJ..Jllber Leonard M. Moore Plaaee cnecl<. your m...·ges
CO\aftoil.member Jerry a. aLndone Þolo'CI calling wor~o. ng
Ci~y o~ Chula Vi.ta regAt'\.1\I""Q ~ncoml~ ~ .
we: .::D
276 Fourth Avenue nO ~ ru -
Chúla Vieta, Califòrnia-'UlD .. . r--n
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fte Bonorable Mayor and City Counci1_lIIbere. mp. .
t reoeived via fac.W1e the December 23, UU _morandWII from
: Bob toeiter, Direotor of PlanninI' to .:John Go.., city Han&ger,
. . regardil1g ~ requeat for a rub 10 re-bearint on the Covenant
Chrbtun School'.. (·CCS·) ru1 ng regarding the r CUI' term lengt.h~.
1fb11e t apprecbte the Flann1ne¡ Þepartment'. ,ood faitb
determination. regardin9 the CC8 and our property, the .lannin;
Department ha. been con.1atently oppo.ed to any ten¡ ov.r two year.
for thi. CUP. '1'herefore, it oome. a. no .urprb. to - that the
Department endor... the 2.5 y.ar te1'1ll and w111 not rec¡ue.t a
reb.arine¡ on thi. i..u.. A. an a.id., 1t i. rq under.tandiDe¡ from
. publio te.timeny gi.en at the la.t hearing, tbat th.re have be.n
receDt educational CUP'l!Ivrant.d that have no term attaohed, 1.a.,
~y are of ind.finit. duration.
,. If you will recall, the CCI heariDg va. ori,inally beard
... du.rbg the DecØlber &, un ...ting of the Couno11. llUx:ing that
. la_ring, Counoil..mber aindoDe -.d. a _tion, which _. pe..ed, to
,. Dontinu. the CUP. Howev.r, the only two i..u.. .. ..r.' to be
.
,. addrua1nl that ..ening of the December 1&, un we. that of
. Door4iDat on of II1xed ".. of the building with both t.nant. and
. 8oob.. I'ark ".ar. loth th... i..u.. were 41l.l.9ently ~ked CD and
~olved to t e .atiefaoUœ of the parU.., the Illumine¡
Department .taU and .a.Uake lII.in... Center. ..h. da{ of the
hearing, December 14, I received a ooty of the .a.tlake 1e tar .La
CUrt Stev.n.on. Obviou.l.t; _ had 1iaralll no ti_ to prepare any
. zebuttal. Oft that ..... y, aftar a tel.p one ocmvereatioD vith
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Pag8 Two
C1Iñ, be a"11%'.d _ that thi. wa., in hi. opinion, an .xtr_ly
uDlikely .1tuat10n to occur (to bav. a acutely tozio a.u in the
p.u:k), bow.ver, be felt it wa. proper to'eIi.clo.. the ooeS. ._tion.
.in hi. letter. lie .leo .tated, ple..e note, that Ba.tlake au.lne..
Cantu bad 1'~ O.nCTION TO TO FIVB 'OAR HMM. Upon h..dng of tbe
. counoil'. decl.lon revardlnv the t.rm of two and on. half ye.u:. b.
espr....d to _ r.al .urpri... .e .t.t.d to - that h. w':.
aurpd..ed t;bat .t.ff did not OCIIIIIIIInio.te to tb. couaeil hi.
.utell8nt that tbe po.dbiUty of tbie .ver happening wa.
"iDfinit..iDal". I would hope that curt oan 1Iak. the next bearing
to clarify thb podUon.
% am .1.0 aono.m.d th.t the Counoil, throuVh th. deni.l of
t1í_ __',i".. y!tar tèrJa, haa.,tÜena podtion.,that %_do'not bell..... .;......; -
repre.ent. th.ir intent or what mo.t e1thene of Chul. Vl.t. .ill . .
coaeur withl . . "
1. aA;;\n_1' DIUDOUI ~lttu. , ~ZtC ellØtcu.B. ~h. r.a.on. \
9iv.n for the city Counoil.' d.nial of the CCS fi". y.ar tem ..re
dir.ctly ba.ed upon the propo.ed, .nd y.t unadopt.d, bio-teob
. . son. '. enoouragem.nt of t.h. d.".lopment of indu.t.ry that wl11 .
proeSuce, per the .taff _1110, !¡\I.nUti.. of -toxic ch.llical." and I
-acut.ly hazardou. _t.rial." .uffiolont. to produc. a -.ifl\lf1C1.nt
11kelihood of ri.k" to -.on.itl". population.". 'fhie i. o.rtainly
Dot the aoã.l of . bu.ineaa park that ...tl.k. ha. be.n proudly
prcøoting to t.he hOllleownan and budn....., both pro..nt ana
luture, within the development. I .leo beUeve t.hat ~e folk. .t
:. Kai.or .e4ic.l C.nt..r would be unhappy with th. rroduction or u.~
. . of .uch aaterial. in t.h. vicinity of the r Dew flav·hip
laoapi.tal/lledical oent.er. hrther, t.he .aet.lake Ccalimity Chln:ch
prid.. 1t..lf (thoy _re . fomer t..nant of ouu) with the1" :
ohildren and teen pro9X"UI'. I would expeot they would a. ..11 bo
.urpd...d t.o learn that the City 11 pr.pared to prCDOt.e t.h..o t.yp..
of 1Ddu.tri.. .. noivbbor. in . planned 4evel~nt.
2~ IDUCUJOIf. 'through the l1aitat1on of . brO anel ono h.lf
1'..r t.m wit.h th. knowl.dg. th.t t.h1l "ill jeopardize t.ho .ohool.
futuro beoau.. it uke. th. oonoopt of . ~e, .ith all 1Dowabent.
expen..., unlUt.ly, o~in.d .ith the enoDlOu. "boop." CC8 had to'
jump through to ,ot t.o t.he December 1. hearlnv ..Dd. . chilling
(and I believe inaocurate) .....9. to priv.t. eduo.to". th.t the
o Chul. Vi.ta CUJ Counoil 11 not . friend to th. private ec!uCl.t:ion
of .ra. childr.n. 1'l.a.e bear in llind that ees requ..ted . pera1t
frail the Planning Departøent iD JulJ of nie ,eax .nel t.hat . CtJ1I 18
.-c....ry in anI location they .111 be In.
You, .. ..yor .nd City COUJlOillMlllber., bave tbe opportunity to
. . nh.ar thie 1çortant b.ue and .at the record .1õrai9bt:..·· :, ..... '.. .' :"
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GREAT PACIFIC GROUP TEL:6194572315 Dee 30 93 17:43 No.OOB P.03
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In Uc¡ht of the abon, I believe that. A-be.dng on this CUP .
five r_r term i..ue 18 appropriate. 'the term 18 econCIIÙoal1y aDd '
edu.cationally oritlcal for ccs, for the prop4lrty owners, the
fam11i.. of Chule. Vbt& anel for the City of Cbul. viete..
~herefor., please pe~t this issue to be a oal.ndared publio
bead.n9 it_ on the next posdble agenda for the City council, the
11th of January, 19,.. '.L'bank in aclvanoe for your time and
Don.icler.tion.
.e~Cltfully eUbmitteel,
c:ALUORNIA :LAND ASSOCIA'lJIS
. Ca1.1fornia limited partnership
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Gordon B. Dunfee, ..q.
IlaDaging General Partner
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COUNCIL INFORMA nON MEMO )/&7 _ F/,
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December 23, 1993
TO: The Honorable Mayor and City Council
VIA: John Goss, City Manager ø
FROM: Bob Leiter, Director of Planning lit
SUBJECT: Clarification of State Law regarding hazardous materials as it relates to Council's
action on proposal by Covenant Christian School to locate at 2400 Fenton Street
within the EastLake Business Center
On December 14, 1993, the City Council approved a conditional use permit to allow Covenant
Christian School to locate a private school for grades K-12 in an existing building at 2400
Fenton Street within the EastLake Business Center. The Council limited the term of the permit
to 2.5 years rather than the five-year term sought by the applicant and previously approved by
the p¡anning Commission. The staff had recommended limiting the term to two years.
Significant to Council's decision to limit the term of the permit to 2.5 rather than five years was
information regarding special studies called Risk Management Prevention Programs (RMPP) that
are required by state law for any facility that proposes to use certain quantities of toxic
chemicals within proximity of a "sensitive population" such as a school. These studies can be
expensive and the concern was that this requirement may have a negative influence in terms of
attracting certain companies to a potential BioTech zone currently under study for this area of
the Business Center.
Following the Council meeting, Planning staff was contacted by Mr. Gordon Dunfee, the
property owner, regarding the accuracy and extent of information provided to Council. Mr.
Dunfee observed that the state law does not refer to 1,000 ft. as represented by staff to Council,
and that the proposed Kaiser Hospital and a church approved for the westerly portion of the
Business Center are also dermed as "sensitive populations" under state law, and this information
should have been disclosed to Council as well.
The issue of RMPPs was raised in a letter from the EastLake Development Company which was
received by the Planning Department on the Friday before the hearing, and reported to Council
in an information memo which was distributed to Council on the day of the hearing (please see
attached) . The staff had confmned EastLake's information with the Hazardous Materials
Management Division of the County Department of Environmental Health (HAZMA T) prior to
forwarding the information to Council.
._--~---~..--."._- .. ---"'--'--'--'--'-----
.
The Honorable Mayor
and City Council -2- December 29, 1993
With regard to Mr. Dunfee's concerns, it is correct that the state law does not itself refer to a
figure of 1,000 ft. What the state law does say is that "If the administering agency detennines
that there is a significant likelihood of risk... it shall require the handler to prepare and submit
an RMPP ..." In this instance, the administering agency is HAZMA T, and they presently use
a 1,000 ft. radius as the area of "significant likelihood of risk" for sensitive populations in
relation to the handlers of acutely hazardous materials.
In subsequent contacts with HAZMAT, they report that a technical committee is currently
working to refine their guidelines for defining the area of significant risk. These refinements
will likely result in an area which is either greater or less than 1,000 ft. depending on the
specific chemical involved and the particular circumstances of the use and site. These refined
guidelines are expected to be finalized no later than March 1, 1994. In the meantime, however,
the standard used by HAZMAT is 1,000 ft. (please see attached letter from HAZMAT).
HAZMAT also reports that the proposed Kaiser Hospital would be considered a sensitive
population, although the church would not be so categorized unless it involved a school or day
care component, which it does not. Since the hospital is located on the far westerly boundary
of the Business Center, however, this may argue for not committing to a longer-tenn sensitive
population on the easterly boundary and thereby further narrowing the number of parcels
available for BioTech development which would not require an RMPP. Although the existence
- of the hospital may eventually impact some prospective biotech uses under HAZMA T's revised
guidelines, this remains to be detennined.
The BioTech program as it is presently conceived would involve two stages. The first stage
would be a pilot program involving available parcels in the existing Business Center. If
successful, the second stage would involve establishing a special zone and perhaps other
programs to facilitate BioTech development in the areas to the east which have been approved
as an expansion of the Business Center under the EastLake III GDP (please see attached exhibit).
Mr. Dunfee has stated that he may seek from Council a rehearing on the tenn of the Covenant
Christian pennit for the reasons discussed above. Although staff does not oppose a rehearing
if Council feels that this clarifying information would have been relevant to their decision, we
believe that Council was given accurate infonnation upon which to base a decision, and that a
sound land use decision was made to grant an initial tenn of 2.5 years with the possibility of
extension.
RAL:SG/nr
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CBULA VISTA PLANNING DEPARTMENT
C9 APPLICAltT: COVENANT (YWloC11.UC NO.leCt eeaca.tlO.: e
SC1IOOL . ~ .. . .....Ie ,male ... eel (K-12)
ADD."': 1M....1'..0ff..--··.
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DEPARTMENT OF HEALTH SERVICES
Dr. aøett It. -. N.D.
Dinccor ) MC"IC HIGHWAY, aAN DilDO, CALIFOIIIINIA .2'0'·2.'7
(419) ~
HAZARDOUS HATERIAts MANAGEMENT DIVISION
P. O. BOX 85261
SAN DIEGO, CA 92186-5261
(619) 338-2222
Deoember 29, 1993
Mr. steve Griffin
city of Chula Vista Planning Department
267 Fourth Avenue
Chula vista, CA 91910
Dear Mr. Griffin:
.JIIt KANAOBKBJIT UD 'UVZJlTJOIf ,aooIWC (IUCPP) UQtJJUKlJlTS I'OR
aVSJDS8I8
~is correspondence is in re.pon.e to your questions regarding the
requirement for busin.sses to develop Risk Management and
Prevention Program.. The California Health and Safety Code
(Chapt.r 6.59, Article 2) r.quires busine.... that handle acut.ly
hazardous .aterials (AIIM.) above thre.hold planning quantiti.s
(TPQs) to compl.te a Risk Manag.ment and pr.vention Proqram (RMPP)
Wh.n requ.sted to do so by the administ.ring agency. In San Di.go
county the administering agency i. the San Diego County Departm.nt
of Health Service.. The San Diego County Department of Health
Services, Environmental Health, Hazardous Materials Management
Division (HMMD) enforce. the r.quirements of Chapter 6.95.
Prior to January 1, 1992 Section 65850.2 of ths California
Government Code prohibit.d a city or county from permitting a new
facility to b. constructed within 1000 feet of a .chool unl... the
r.quir.m.nt. of a IUIPP w.re first met aneS approved by the
admini.tering agency. On January 1, 1992, Section 65850.2 wa.
revbed to require the adminbt.rinq aqency to JDake a specific
determination if a new or .odified busin.ss operation would create
an acutely hazardous .aterials accieSent rbk to any sendtive
. populations d.finad in section 25534.1 of Chapter 6.95. The
adminietering agency is requir.d to make this determination prior
~o r.que.ting a IUIPP from a bu.in.... The refer.nce to 1000 f..t.
va. remov.eS from Section 65850.2. . -
Becau.e guid.lin.. for d.t.rmining an aout.ly hazardous mat.rials
accident rbk were not provided in the law, the HMHD form.d a
~.chnical workgroup to e.tabli.h an aoutely hazardous material.
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TEL No.6l9-338-2377 Dee L9.93 8:07 No.OOl P.03
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- accident r.leas. scr..ning mod.l. Th. .cut.ly hazardous material
accid.nt r.l.... .cr..ning mod.l .ay re.ult in gertain Þu.in....a
locat.d In ar.a. which are gr.ater or 1... than 1000 feet of a
..ndtiv. population to be r.quired to d.velop IIMPP.. Th. HKMD has
..t M.rch 1, 1994 as a goal to begin using the acut.ly hazardous
aat.rial accident r.l.as. scr.ening model for .valuating the n.ed
ror both new and .xisting busin....s to develop IIMPPs.
~. city of Chula Vi.ta should al.o be aware that on January 1,
1992, S.ction 39003 of the Education Cod. was amended to r.quire
the gov.rninr bo.rd of a school di.trict to identify .11 faciliti.s
within 1/4 . le of a propo..d school site which may have hazardous
emi..ions, or handle haz.rdous or acutely hazardous materials. The
law .pecifies that the governing body may not approve a .chool .ite
unle.s they determine that the facilities within 1/4 mil. of the
site will not pose health risks to persons who attend or are
employed at the .chool site.
In conclusion, any business.. moving into the EastLak. Business
cent.r could potentially be impacted if .ensitive popul.tion. .re
- .ited within the BioT.ch zone area of this Busines. Center. I hope
this information has adequately .ddr..sed your concerns. I would
al.o suggest that you contact Debbie Ryan with the Air Pollution
Control District at 694-3307. The Air Pollution Control Di.trict
specific.lly regul.te. routine air emissions and .dmini.ters
diff.r.nt .ets of regulations which may be germane to your i..ues.
Sincerely,
~~~
IKE HANDMAN, P m C~dinator
Respon.e Service. and Training
IIH: md
cc: J.net ortiz, Chi.f, HMMD i
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DeÞbie Ry.n, APeD
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COUNCIL INFORMATION MEMO
December 14, 1993
r. -~
-,- -
TO: The Honorable Mayor and City Council . .
DfC 1 5 18f:i.:
VIA: John Goss, City Manager 9
Bob Leiter, Director of Planning ~ Pi.A'
FROM: '\¡'\.,...'
SUBJECT: Update regarding City Council Agenda Item 23 with respect to agreement
between schools regarding shared use of 2400 Fenton Street, and extending use
of Scobee Park from two to five years
As noted in the staff report on this item, a meeting was held in which tentative agreement was
reached between the two schools on all of the issues regarding shared use of the building and
site at 2400 Fenton Street. Attached hereto is a draft written agreement prepared by Covenant
Christian which will be presented to Bonita Country Day School for review and consideration
prior to tonight's meeting.
Mr. Curt Stephenson, representing the EastLake Business Center Owners' Association, has
stated in the attached letter that their position is clear; Le., two years of use of Scobee Park have
been approved, and an extension beyond that time should not be a problem in the future
provided Covenant Christian performs satisfactorily during the initial two-year period.
Mr. Stephenson bas also raised an issue in his letter regarding the fact that State law requires
expensive special analysis for any facility that proposes to use toxic chemicals within 1,000 ft.
of a scbool or health care facility. Although he does not suggest that the school use be denied
for this reason, be believes this information should be brought to Council's attention in their
consideration oftbe school use in relation to the City's effons to establish a biotech zone in this
area of the EastLake Business Center.
Staff confmned Mr. Stephenson's statements with the Hazardous Materials Management Division
of the County Department of Environmental Health. Any facility proposing to use a specified
quantity of an WlCUtely hazardous material" within 1,000 feet of a wsensitive population" (which
would include a school), would be required to prepare a Risk Management and Prevention
Program, the cost of which, according to the Hazardous Material representative, can range from
only a few dollars up to $100,000 or more, depending on the chemical and circumstances
involved. Although this would not prohibit a biotech user from locating in the area, it could
influeøce their decision or ability to do so.
RAl.:SG/nr
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December 9. 1993 . \
Mr. Steve Griffin
Planning Department
CITY OP CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: Covenant Christian School C.U.P. I
I
Dear Steve: : Æ
At the Council meeting on December " 1993 , understand that staff was I ~
given direction to ascertain if Scobee Park could be secured for Covenant! ~
Christian School's day time recreational needs for a period of five (5) ! &1
yun. ~,
The EastLeke Business Center Owner's Association has reviewed this issue , ~~KE
at two separate board meetings and numerous phone surveys. Originally I Þ.H'(
the Board approved use of the Park for two (2) years under certain I
conditions detailed in the attached letter dated October 7, 1993. After thl~
Covenant Christian Schoo! agreed to the conditions, however, requested
that EastLeke Business Center Owner's Association review the two (2) yea~
approval and grant approval for a five (5) year tenn. Again. at a Board '
meeting end subsequent phone survey of the Owner's the EastLake :
B_iuess Ctl\ttl' Owr\e~. ^"oeiotion Boord wroto the :I.!t3ch.d lettlr dated! -
November 4, 1993 !ic1<nowledging the request, but maintaining the I
original approval. . I
The current request of CouneU wiU not provide the appropriate time to .
convene an EastLake Business Center Owneis Association Board meeting, !
I\or complete a phone survey. However, from previous discussions our I
position is clear. We beUeve that there should not be significant problems
extending the time period of use of Scobee Park provided Covenant I
Christian School maintains and perf'orms within the Imposed rules and
te¡U1ations of the October 7th letter. I
Steve, If I may change bats, I would Uke to address an Issue as an officer !
of EastLeke Development Company and a member of the City's Biotech! I
!
¡ QOO LOnG ^-
I Suit.'OO
. Chuto ~.'O. CA 0'0'.
(6'0) .2' .0'21
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Mr. Steve Griffin
December 9,1993
Page twO \
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H""b Su_tt". ....tal« Dev<lopmont Company sup","" covenant 1
Christian School's effort and C.U.P. approval. However, at the same time !
we are workin¡ with staff to secure a special ¡one in our Business Center i
to attract Biotech and Hitech users. One of the areas of study is toxic I
materials and emissIons. Section 25531.1 of the State Health and Safety \
Code makes reference to specific analysis that may be required for facllities\
that produce toxic materials and are within 1,000 feet of school and health
care facilities. These studies can range from $12,000 to $70,000 per !
s,hemica\. While the Implementation of the 7.one and marketing to Biotech I
users could be time consuming this could be an issue in the future. We I
are not advocating denial of the requested C.U.P. based upon this
in!onnation. We feel staff is prepared to address this issue, but want to
make sure CouncU has all relative in!onnation. I
Please contact me if you have any questions or concerns about our i
.
position. i
\
Respectfully yours,
I
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CS:ds I
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cc: Mark Dolan· Covenant Christian School :
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COUNCIL AGENDA STATEMENT
ITEM ¿.
Meeting Date 01111/94
ITEM TITLE: Resolution /7 JSb Establishing 1.0 Police Sergeant and 1.0 Police
Agent Positions in the Police Department to Fill Vacancies Created by the
City's Participation in the Tactical Action Cargo Theft Team, Creating the
Regional Auto Theft Task Force (RATI) Fund, Recognizing Prospective
Revenue Resources and Appropriating Expenditures Therefrom.
SUBMITTED BY: Chief of Police e,v'\'-
REVIEWED BY: City ManagerJ{à ~V~\ (4/5th's Vote: Yes-L No~
The South Bay area of San Diego County, including the City of Chula Vista, is a major cargo
traffic area which serves as a transportation thoroughfare between Los Angeles and the Mexican
border. Working together, an enforcement team made of officers from local, state and federal
agencies has had success in reducing cargo thefts. These successful operations have led federal,
state and local law enforcement officials to conclude that a regional enforcement team is the best
approach to reducing cargo theft in San Diego county. The proposed Resolution would increase
the Police Department's position count by 2.0 sworn positions, 1.0 Police Sergeant and 1.0
Police Agent, to supervise and staff the Tactical Action Cargo Theft Team (TACT Team). The
TACT Team will operate under the umbrella of Regional Auto Theft Task Force. The
additional positions will be paid for by funding made available to local governments through
Senate Bill 2139.
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: Approve the Resolution.
Background
In September 1992, law enforcement officers from the National City (NCPD), Chula Vista
(CVPD) and San Diego Police Departments (SDPD), and, the Federal Bureau of Investigation
(FBI) met to discuss the cargo theft problem in the South Bay region of San Diego county. Each
of these departments had recognized an increase in cargo thefts during the preceding twenty-four
months. Each had participated in a very successful informal cargo theft task force for a six
month period prior to this meeting. At this meeting, a consensus emerged among the chief
officers of the participating departments that a multi~jurisdictional task force, working in
cooperation with the Regional Auto Theft Task Force (RATI), would be the most effective
means of reducing cargo theft in the region. The RA IT was established in 1992 to address the
growing auto theft problem in San Diego county and is funded through a $1.00 charge on motor
vehicle registrations authorized by SB 2139. The proposed Tactical Action Cargo Theft Team
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Page 2, Item ?
Meeting Date 1/11194
(TACT Team) will be funded through this same mechanism via the RATI. The TACT Team
will be made up of five cross~deputized law enforcement officers from the CVPD, SDPD and
the FBI. The TACT Team will provide a logical, coordinated and multi~jurisdictional approach
to the investigation and reduction of cargo theft.
Discussion
Staff from the participating departments developed the concept of the TACT Team. Survey and
focus group discussions were conducted to ascertain the extent of the cargo theft problem in the
South Bay region. Participating agencies performed police records searches and met in two
separate focus groups with representatives of freight transportation firms. Based upon the
survey's findings and recommendations made by the focus groups, the TACT Team's objectives
were formulated and staffing needs identified. CVPD took a lead role in these processes and
city staff, with the assistance of Special Agent Raymond (Mark) Mori of the FBI, developed the
information necessary to bring this proposal forward.
Problem Survey. The survey conducted confirmed that cargo theft is a growing problem in
southern San Diego county. The South Bay region, including the City of Chula Vista, is a major
cargo traffic area which serves as a transportation thoroughfare between Los Angles and the
Mexican border. According to the U.S. Department of Commerce, over $7.8 billion in trade
was conducted in the San Diego Customs District last year. The volume of cargo moving
through the area and the ease of access to criminal refuges in Mexico make the South Bay a
prime target for professional cargo thieves. Between 1990 and 1992 transportation industry
equipment and cargo losses reported to the Police Departments in the South Bay regionl were
in excess of $13.7 million. Thefts occurring in the City of Chula Vista accounted for over 27%
of that total, or approximately 3.6 million.
Focus Groups. Private trucking industry participants in the focus groups expressed grave
concerns about the cargo theft problem. Both focus groups recommended some form of regional
cargo theft enforcement and pledged their support in training and equipping the officers of the
TACT Team. This support has come in the form of communications equipment, computers and
undercover vehicles. The private industry representatives were relieved to learn of the TACT
Team proposal. It is their collective opinion that the cargo thieves operating in San Diego county
are well organized and that a well organized law enforcement response was needed.
TACT Team Objectives. To meet the challenge of containing such well organized criminal
elements, the TACT Team established the following objectives:
0 Establish a close working relationship with the cargo transportation and storage industries
in San Diego county
I These agencies include NCPD and CVPD along with the Southern Division of the SDPD.
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Page 3, Item ~
-
MO'f'tIl1g Date 1/11/94
0 Act as a resource for cargo theft prevention information.
0 Increase the number of arrests, prosecutions and convictions of cargo thieves and their
fences.
0 Reduce court costs by gathering quality evidence to ensure guilty pleas.
0 Identify locations which are used in connection with cargo theft offenses and take
appropriate enforcement action.
0 Identify organizations that use cargo theft to commit local and federal crimes.
0 Identify and target local trends and patterns of cargo theft activity.
0 Increase the recovery rate of stolen cargo in San Diego county.
0 To improve the liaison between private industry and law enforcement agencies.
TACT Team Staffmg. The TACT Team is proposed to be staffed by a total of five sworn law
enforcement officers from the participating jurisdictions. The staffing proposed includes: 2.0
Agents from the FBI, 1.0 Detective from SDPD and 1.0 Agent from CVPD. Additionally, these
officers will be supervised by 1.0 Police Sergeant from CVPD. Other agencies (including the
Border Patrol, Customs Service, CHP, NCPD and San Diego Harbor Police) have participated
in the development of the TACT Team and are committed to evaluating the feasibility of their
future participation therein. The TACT Team officers will be cross-deputized to give them the
ability to work investigations into both federal and state cargo theft violations.
TACT Team Funding -- Personnel. On September 30, 1990, Governor Pete Wilson signed
SB 2139, an act amending the Vehicle Code by increasing vehicle registration fees by $1.00
upon the adoption of a resolution by the county Board of Supervisors. On June 2, 1992, the
County Board of Supervisors approved such a resolution to fund the RATI. Then, on
December 14, 1993, the County Board of Supervisors approved the expenditure of SB 2139
monies to fund the personnel expenses of the TACT Team. The Board's action revised the
existing RATI Memorandum of Understanding (MOU) to reflect increased expenses associated
with the TACT Team. Because specific staffing levels to be provided by participating agencies,
and related dollar figures, are not addressed in the RA TI MOU, the Board did not consider a
formal amendment to the RA TI Memorandum of Understanding. Based upon a
recommendation made by the RA TI Executive Committee, the Board directed County staff to
reimburse Chula Vista for personnel expenses related to 1.0 Police Sergeant position and 1.0
Police Agent position for the remainder of the fiscal year. The Board's action also approved
subsequent fiscal year reimbursements for those same two positions for an amount not to exceed
$138,000. The Sergeant provided by CVPD will supervise the operations of the TACT Team.
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Page 4, Item ~
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MPl'fil1g Date 1/11194
Based upon the funding arrangement provided by SB 2139, the TACT Team will have no impact
on the City's General Fund. The City's experience with the RATI program has proven this
funding source to be reliable. SB 2139 includes a January 1996 sunset provision. County and
City staff are working towards extending SB 2139's sunset provision.
TACT Team Funding - Support and Equipment In addition to RATI funds, on October 11,
1993, Governor Wilson signed into law AB 813 which amends the Public Utilities Code by
increasing registration and permitting fees paid by commercial freight carriers. A portion of
these increased fees are directed to a special law enforcement fund that can be tapped by law
enforcement agencies to underwrite the non-personnel expenses of efforts to reduce cargo theft.
Therefore, the TACT Team will be making efforts to tap into AB 813 funds to pay for
operating, safety and surveillance equipment. The TACT Team will receive operational,
administrative, intelligence and crime analysis support through existing RATI resources. The
RA TI has an array of resources at its disposal including, but not limited to asset seizure
vehicles, radios and cellular phones.
TACT Team Impact on CVPD Operations. As part of the TACT Team proposal, the Chief
of Police is recommending that 1.0 Police Sergeant position and 1.0 Police Agent position be
filled behind the two officers moving to the TACT Team. This will ensure no reduction in local
policing service levels is realized as a result of the City's participation on the TACT Team.
Approval of the Resolution will bring the Police Department's total position count to 244.5,
163.0 sworn and 81.5 civilian personnel. However, the Resolution provides for the creation of
a Regional Auto Theft Task Force Fund to contain the 3.0 sworn Police positions now allocated
to the RATI and paid for by SB 2139 funds. This change is recommended to provide a clearer
accounting of Police Department positions not supported by the General Fund. Should the
County Board of Supervisors choose to discontinue funding for the TACT Team through SB
2139 funds or should that legislation's January 1996 sunset provision be triggered, and, should
other appropriate non~General Fund revenue sources not be identifiable at that time, the Police
Department will be reduced by 1.0 Police Sergeant position and 1.0 Police Agent position.
Should this scenario develop, staff from the Personnel Department have indicated that incumbent
officers will retain their civil service classifications. Furthermore, the City will have to absorb
the incremental costs associated with the two "extra" persons until such time as normal attrition
reduces the number of incumbents in the Police Sergeant and Police Agent ranks to the levels
provided for in that fiscal year's budget. It is anticipated that this attrition process will take no
more than one year.
Conclnsion
Cargo theft is a significant problem in San Diego county and specifically, in the South Bay
region. The total dollar value of stolen freight in the South Bay has averaged over $4.5 million
annually for the last three years -- 27% of which occurred in Chula Vista. The multi-
jurisdictional approach to investigating cargo thefts will establish an intelligence network for the
dissemination of suspect and modus operandi information that would be accessible not only to
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Page S, Item ¿
-
Meeting Date 1/11194
the TACT Team, but to law enforcement officers and superior court judges countywide. The
implementation of a specialized cargo theft team composed of various agencies supported by
intelligence and crime analysis units, an informed judicial system, and the freight transportation
industry would provide a coordinated and logical approach to the investigation and reduction of
cargo theft. The Chula Vista Police Department has taken a leading role in both RATI and the
development of the TACT Team concept. Acting in these leadership roles, staff has identified
opportunities to enhance Police service levels to the community, build a partnership with private
industry, significantly impact major criminal activities and increase Police Department staffing
at no cost to the City. Because a Chula Vista Police Sergeant will be supervising the TACT
Team, the team will certainly be responsive to the needs of the Chula Vista transportation
industry. The TACT Team will ensure that both the receivers of stolen cargo and the actual
cargo thieves are be targeted, arrested and prosecuted regardless of the jurisdiction in which they
operate.
FISCAL IMPACT: The county of San Diego, through SB 2139, has allocated an amount not
to exceed $138,000 annually to reimburse the City of Chula Vista for
personnel and overtime costs associated with 1.0 Police Sergeant and 1.0
Police Agent. Staff estimates costs for these two sworn police positions
will be approximately $137,563 annually. Fiscal Year 1993~94 impact of
these new positions is estimated at $70,110 as detailed in Exhibit A.
The County already funds 1.0 Police Agent position, at a Fiscal Year
1993-94 cost of $70,550, through SB 2139 funds.
The Resolution provides for the creation of the Regional Auto Theft Task
Force Fund with total anticipated Fiscal Year 1993-94 revenues of
$140,660 to fund all positions allocated to the RATI and TACT Teams.
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Page 6, Item £
MPJ'tÜ1g Date 1/11194
EXHIBIT A
FY 1993-94 Police Department Budget Amendment for Participation in the
Tactical Action Cargo Theft Team of the Creation of the Regional Auto Theft Task Force Fund
Investigative Division, Grant Fund Account 219~2191
Account 5101 5103 5141 5142 5143 5144 Total
New $23,590 $6,010 $5,270 $1,910 $0 $210 $36,780
Sergeant
New Agent $20,520 $6,010 $4,590 $1,910 $300 $180 $33,330
Existing $48,500 $6,010 $10,840 $4,500 $700 $420 $70,550
Agent
Total $92,610 $18,030 $20,700 $8,320 $1,000 $810 $140,660
¿~?
^ _....___.._._·....w...._m..... '_',__. _ _'__"_"_~'_"___'._ +~.
RESOLUTION NO. J7J~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING 1. 0 POLICE SERGEANT
AND 1.0 POLICE AGENT POSITIONS IN THE POLICE
DEPARTMENT TO FILL VACANCIES CREATED BY THE
CITY'S PARTICIPATION IN THE TACTICAL ACTION
CARGO THEFT TEAM, CREATING THE REGIONAL AUTO
THEFT TASK (RATT) FUND, RECOGNIZING PROS-
PECTIVE REVENUE RESOURCES AND APPROPRIATING
EXPENDITURES THEREFROM
WHEREAS, the South Bay area of San Diego County,
including the city of Chula Vista, is a major cargo traffic area
which serves as a transportation thoroughfare between Los Angeles
and the Mexican border; and
WHEREAS, working together, an enforcement team made of
officers from local, state and federal agencies has had success in
reducing cargo thefts; and
WHEREAS, these successful operations had led federal,
state and local law enforcement officials to conclude that a
regional enforcement team is the best approach to reducing cargo
theft in San Diego County; and
WHEREAS, it is necessary to add 2.0 sworn positions, 1.0
Police Sergeant and 1.0 Police Agent, to supervise and staff the
Tactical Action Cargo Theft Team (TACT Team), which will operate
under the umbrella of Regional Auto Theft Task Force; and
WHEREAS, the additional positions will be paid for by
funding made available to local governments through Senate Bill
2139.
NOW, THEREFORE, BE IT RESOLVED that the 1993-94 fiscal
year budget of the City of Chula vista is amended to recognize
revenues in Account 219-3654 in the amount of $140,660 and to
appropriate those resources for the purposes of retaining 1.0
Police Sergeant and 1.0 Police Agent positions in the Police
Department to fill vacancies created by the city's participation in
the Tactical Action Cargo Theft Team as set forth in Exhibit "A",
attached hereto and incorporated herein by reference as if set
forth in full.
BE IT FURTHER RESOLVED that the existing 1.0 Police Agent
assigned to the RATT team be transferred to the RATT Fund with the
accounts listed in Exhibit "A" being transferred from 100-0150 to
219-2191.
Presented by a.¡ by
.
Richard P. Emerson, Police Bruce M. Boogaard, y
Chief Attorney
C:\n\TACI' b-7
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COUNCIL AGENDA STATEMENT
Item '}
Meeting Date 01111/94
....-
ITEM TITLE: Resolution 17J..5Z .
pprovmg the Master Plan for the McCandliss Memorial
and Halecrest Park and Adoptini1gative Declaration 15-93-26
SUBMITI'ED BY: Director of Parks and Recreation '1-
REVIEWED BY: City ManagerJ~ ~~, (4/Sths Vote: Yes _ No...XJ
During the FY 91/92 budget process, Council approved. in concept, Phase 1 of the capital improvement
project for the Gayle McCandliss Memorial Grove and Nature Trail. Since that time, an in-house Master
Plan has been developed for both Halecrest Park and the Gayle McCandliss Memorial Grove and Nature
Trail. The design and development of the Master Plan has been prepared for Council consideration and
approval. Visual drawings of the site will be available at the Council meeting to facilitate the description
of the proposed Master Plan.
RECOMMENDATION: That Council:
1. Approve the Master Plan for Halecrest Park/Gayle McCandliss Memorial Grove and
Nature Trail;
2. Adopt Negative Declaration IS-93-26 (Attachment A); and
3. Approve the revised Capital Improvement Project phasing by consolidating Phases IV and
V.
BOARDS/COMMISSIONS RECOMMENDATION: On January 21, 1993, the Parks and Recreation
Commission accepted the Halecrest Park/Gayle McCandliss Memorial Grove and Nature Trail Master
Plan. On July 12, 1993. the Resource Conservation Commission reconunended (4-0) that the Negative
Declaration for the Halecrest Park/Gayle McCandliss Memorial Grove and Nature Trail Master Plan be
adopted. (Minutes are Attachments B and C.)
DISCUSSION: Halecrest Park was originally designed and constructed in the early 1970's. The City
owns the unimproved open space land adjacent to Halecrest Park (north). A portion of this open space
(approximately 5 acres) would be included in the proposed Master Plan as Gayle McCandliss Memorial
Grove and Nature Trail. This area possesses significant opportunities to design and implement public
facilities and use areas. The existing site provides panoramic views of Mother Miguel Mountain to the
east, downtown San Diego to the north, San Diego Bay and the Pacific Ocean to the west. Halecrest
Park includes a playground, picnic shelters, a concrete fire pit, and a parking lot. The open space to the
north is currently unimproved and in a natural state.
IAII3 . McCandb.A13]
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Page 2, Item L
Meeting Date 01111/94
MASTER PLAN DESIGN ISSUES
In the master planning process, the Parks and Recreation Department took into consideration a
comprehensive assessment of the site's opportunities and constraints. Several issues regarding both the
park and the open space affect the design of this project in diverse ways.
HaJecrest Park
1. Update the park to ensure accessibility. Due to the age of Halecrest Park and the existing
improvements, the entire park and facilities are not in confonnance with the updated Uniform
Building Code (UBC) and the Americans with Disabilities Act (ADA). All aspects of the park
were reviewed and analyzed to determine what improvements were necessary and/or required to
bring the project into confonnance and meet accessibility guidelines.
2. Replace old and outdated park components. The antiquated park components will need to be
replaced. This includes the playground equipment, lighting, landscaping and the irrigation
system.
Gavle McCandliss Memorial Grove and Nature Trail
1. Develop a park program that meets Federal accessibility mandates through proper surfacing and
gradients for access to all areas of the Nature Trail.
2. Design a transition from Halecrest Park into the open space to provide a logical sequence.
PROPOSED REVISIONS TO SCOPE OF WORK FOR PHASES I. II AND III
Park improvements for Halecrest Park and the McCandliss Nature Trail were originally proposed to be
implemented through a five phase program as funding was appropriated. The Council conceptually
approved a five phase plan on October I, 1991 (Attaclunent "D"). The first three phases, which have
been appropriated, focused on the development of the Memorial Grove and the Nature Trail. Phases IV
and V constituted the Halecrest Park improvements. This report reconunends a revised phasing program
based on the current funding projections, and the logical construction sequencing.
Specifically, Phases I, n and ill called for the demolition, grading and implementation of the Memorial
Grove and Nature Trail. An amount of $92,500 was appropriated from Park Acquisition and
Development (PAD) funds, to implement the three phases. Based upon the proposed Master Plan
presented in this report, staff reconunends Phases IV and V (improvements to Halecrest Park) be
consolidated and implemented as Phase IV. The implementation of Phase IV will be accomplished when
additional funding becomes available.
[A1l3 - McCaødls.AI3]
'.
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Page 3, Item 7
Meeting Date 01/11/94
OVERALL MASTER PLAN RECOMMENDATIONS
The proposed Master Plan for the park and trail addresses the necessary changes to the design of the
park, and proposes a design solution that will bring the project into conformance with the Uniform
Building Code and the Americans with Disabilities Act requirements. These proposed components are
designed with sensitivity to the environmental issues, and will benefit user groups. A copy of the
illustrative Master Plan graphic is attached ("E"). The major recommendations for Halecrest Park/Gayle
McCandliss Memorial Grove and Nature Trail are:
F.YÏ~tÏDl! Phases I. II and III
1. The construction of a decomposed granite road that functions as a joint pedestrian and
construction access road. This is required due to the phasing of the project and the need for
maintenance and safety vehicles to access the open space.
2. The Gay]e McCandliss Memoria] Grove and Nature Trail would include a memorial plaque on
a pedestal, benches orienting towards the view to downtown and the ocean, and additional trees
to supplement the existing Sycamore trees adjacent to the seating area.
3. The Nature Trail would include 36" high wood posts with braided cable running through the
posts to delineate the walkway and to protect the native plant community. The promontory at
the end of the Nature Trail includes benches and information kiosks.
4. Supplemental plantings in the open space (Nature Trail) would repair previous damage and
provide COVer for areas impacted by public encroachment.
Prooosed Phase IV: (Oril!inallv Phases IV and VI
1. Construction of an entry walkway with wheelchair ramps from East "J" Street into Halecrest
Park.
2_ Park identification signage with planting and lighting to accent the entry.
3. New play structures in a re~esigned tot lot that incorporates handicapped accessible resilient
surfacing.
4. New stairs with handrails and walkways to meet the current Uniform Building Code
requirements.
5. New picnic shelters and site furnishings, picnic tables, benches, trash receptacles, bike rack, hot
ash receptacle, drinking fountain, etc.
6. New site security lighting throughout the park.
(A1I3 . McCmfb.AI3)
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Page 4, Item L
Meeting Date 01111194
7_ An updated irrigation system to provide efficient application of supplemental water.
8. Landscaping to address the new park hardscape configurations and transition into the open space.
Also, drought tolerant plantings to replace the dead and dying plant material currently on site.
COSTS OF THE PROPOSED PROJECT
A cost estimate has been prepared based on the proposed Master Plan (Attachment "F"). The total
amount for the proposed 4 phases of the park renovation and open space access improvements is
$339,500. This amount is more than double the original estimate of $162,500. A majority of the
additional $177,000 is a result of having to address improvements in the park and open space to bring
the project into confonnance with the current UBC and ADA requirements. The specific site
improvements that generated these additional costs are the handicapped access ramps, new and additional
walkways, walls with handrails. steps with handrails, new accessible playground equipment and resilient
surfacing. These components were either not required in the past, or are existing. but do not meet
current standards. The other additional costs include the landscaping, irrigation, signage, and site
lighting. The original ClP did not assume the extensive demolition, grading, plant and irrigation
replacement, and additional improvements to make the entire project accessible and in complete
confonnance.
The remaining $247,000 ($339,500 less $92,5(0) for the work in Phase IV (Halecrest Park) would be
requested in the future when funding becomes available.
FUTURE FUNDING ISSUES AND IMPACT ON MASTER PLAN
While Phases I, n, and III contain sufficient funds, Phase IV may not have funding available in FY
94/95. Decisions regarding funding would be made by the Council when revenue projections are
produced and the FY 94/95 proposed CIP is considered. Staff in the Planning Department are currently
assessing PAD fund revenue resources for FY 94/95.
PUBLIC AND INTERDEPARTMENTAL INVOLVEMENT
Staff conducted several field trips with enviroDl11ental staff from the Planning Department, and
representatives from the Police Department, to allay enviroDl11ental concerns about improvements to the
open space area; and address public safety concerns. The Planning Department and Police Department
supported the proposed improvements.
In addition, staff met with the Halecrest Elementary School staff and PT A to present the proposed Master
Plan. The meeting produced favorable results and there was unanimous support for the project as
designed. Those in attendance at the meeting expressed that since Halecrest is a satellite school for the
sciences. there is a great educational opportunity to utilize the park and open space areas for orienteering
and lessons on the native coastal sage scrub plant community.
(A1I3 . McCandls.A13)
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Page S, Item ?
Meeting Date 01/11/94
SUMMARY: Overall, the Department believes this proposed Master Plan, if adopted and implemented,
will upgrade Halecrest Park to all current standards and requirements. It will also provide improved
facilities for the City, and result in an environmentally sensitive solution to allow access and public
appreciation for the natural beauty of our open space areas.
FISCAL IMPACT: The cost of implementing all phases of the proposed Master Plan is estimated at
$339,500. Park Acquisition and Development (PAD) funds, totalling $92,500, have been appropriated
by the Council through the Capital Improvement Program, for Phases I, II and III. These phases address
the establishment of the Memorial Grove and the Nature Trail. The remaining phase will necessitate
additional funding due to redesigning of the park to meet the current Uniform Building Code (UBC) and
the new federal Americans with Disabilities Act (ADA) mandate. Current estimates for the fmal phase
total $247,000, and would be requested, through the CIP process, when funds become available.
Attachments: "A" - Initial Study -93-26 J
"B" - Minutes from Parks and Recreation Commission SCANNE.IJ
"C" ~ Minutes from Resource Conservation Cornmissio~OT
"D" - City Council Report/Minutes from October I, 1991 with Project CNCfttSCANNED
"E" ~ Illustrative Master Plan Graphic for Proposed Master Plan
"F" - Project Cost Estimates NOT SCANNED
(AI 13 - McCadls.A13)
7-5'
.__....__ _________ _.._______.._._m___"~___. ...---.".-
i
,
RESOLUTION NO. J?JS7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPRoVING THE MASTER PLAN FOR THE
MCCANDLISS MEMORIAL AND HALECREST PARK AND
ADOPTING NEGATIVE DECLARATION IS-93-26
WHEREAS, on October 1, 1991, Council approved, in
concept, the "Gayle McCandliss Memorial Grove and Nature Trail";
and
WHEREAS, the design and development of the Master Plan
has been prepared for Council consideration and approval; and
WHEREAS, the Parks and Recreation Commission, at its
January 21, 1993 meeting, accepted the Halecrest Park/Gayle
McCandliss memorial Grove and Nature Trail Master Plan; and
WHEREAS, the Resource Conservation Commission, at its
March 23, 1993 meeting, recommended that the Negative Declaration
for the Halecrest Pa~/Gayle McCandliss Memorial Grove and Nature
Trail Master Plan be adopted.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Master Plan for the
McCandliss Memorial and Halecrest Park.
BE IT FURTHER RESOLVED that the city Council does hereby
adopt Negative Declaration IS-93-26 on said Project.
BE IT FURTHER RESOLVED that the revised Capital
Improvement Project phasing by consoli 1. g Phase and V.
Presented by ~
Jess Valenzuela, Director of
Parks and Recreation
C:lnlmccandù.prk
.
7-6/ 7-7
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Attachment A
,
mitigated negative declaration .
-
PROJECT NAME: Halecrest Park Improvements (McCandliss Memorial)
PROJECT LOCATION: 415 East "J" Street
ASSESSOR'S PARCEL NO. 639-030-13
PROJECT APPLICANT: City of Chula Vista Parks and Recreation Department
CASE NO: IS-93-26 DATE: June 15, 1993
A. Proiect Settinl!.
The project site consists of approximately 2.0 acres of the existing Halecrest Park facility
and .55 acres of open space adjacent to the park to the north. Surrounding land uses
include HaJecrest Elementary School to the east, Interstate 805 to the west, open space to
the north, and single-family residential to the south.
Halecrest Park is a developed, landscaped public park with play and picnic facilities. The
site topography is varied, with higher elevations along the north and west portions of the
site and a knoll at the northern edge of the park. No sensitive plant or animal species exist
on the previously landscaped portions of the site. However, the adjacent open space is
currently in a predominately natural state and is covered with native shrubs and grasses,
including Diegan Coastal Sage Scrub, which is considered a sensitive habitat in California.
The U.S. Department of Fish and Wildlife Service presently does not allow any take of
this habitat pending development of guildlines to protect the habitat of the threatened
California Gnatcatcher. The open space area has been partially disturbed by an old jeep
trail which traverses it from north to south, and by several bike and foot paths.
B. Proiect Descriotion
The proposed project will establish the Gayle McCandliss Memorial Grove and Nature
Trail in conjunction with public park improvements to the existing Halecrest Park facility.
These improvements include a 250-foot long, 7 to 12-foot wide loop pedestrian nature
trail, a sign kiosk, and removal the existing picnic shade shelters and play equipment. The
old play equipment and picnic facilities will be replaced with new public park facilities.
Approximately 500 cubic yards of soil will be excavated and refilled on site. The site will
be regraded to soften the site topography, however, all trees will be retained with the
exception of one Brazilian Pepper tree on the south edge of the park site. This species of
tree is a non-native species and is not considered sensitive.
The improved nature trail will be located within the boundaries of the existing dirt jeep
trail. Low-lying wooden trail markers will be placed to delineate where ·foot traffic will
/ ?- c¡ ~ ~ f.t..
7- cg 1 -.-
r___ ~...
. ~~~~
city of chula Yllta planning depertment em OF
enYlronmental reYlew .ectlon _ CHULA VISTA
" ,
/
- - - --.-. - -~..."- ..-.-.,....,-,---.---------..--
out of adjacent open space areas. Non-native and non-sensitive shrubs and plant material
within the trail boundaries will be removed and replaced with native plant material to
restore the habitat to its natural condition. Previously established dirt trails which are not
part of the proposed park improvements will be seeded and mulched to encourage the
integrity of the natural open space area. A kiosk describing the surrounding vegetation and
educating th epublic about its sensitivity will be placed on site.
C. Compatibility with Zonine and Plans
The site is zoned "R-l" Single Family Residential. The General Plan designation for the
site is "Parks and Recreation." The proposed park improvements are consistent with these
designations.
D. Compliance with the Threshold Standards
1. Fire/EMS
The Threshold Standard requires that fire and medical units must be able to
respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes
or less in 75 % of the cases. The City of Chula Vista Fire Department has indicated
that this threshold will be met, since the nearest fire station is 1 1/2 miles away and
would be associated with a 4 minute response time. The proposed project will
comply with this Threshold Policy.
2. Police
The Threshold Standard requires that police units must respond to 84 % of Priority
1 calls within 7 minutes or less and maintain an average response time to all
Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of
Priority 2 calls within 7 minutes or less and maintain an average response time to
all Priority 2 calls of 7 minutes or less. The proposed project will comply with this
Threshold Standard.
The Crime Prevention Unit of the Chula Vista Police Department has indicated that
public safety could be a concern on the proposed project site. Please see Public
Safety Impacts. Section E of this document.
3. Traffic
The Threshold Standard requires that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D"
may occur during the peak two hours of the day at signalized intersections.
Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No
intersection may reach LOS "E" or "F" during the average weekday peak hour.
2
7-IC
. u_ ___.__.......__ .__... __________ ~______~____
Intersections of arterials with freeway ramps are exempted from this Standard.
The proposed project will comply with this Threshold Standard.
The expansion of the existing park will generate an additional 28 trips per day.
The existing Average Daily Traffic (ADT) on the site is 5,650, with a Level of
Service (LOS) "A." After project completion, the ADT will increase to 5678. The
LOS will remain "A."
4. ParkslRecreation
The Threshold Standard for Parks and Recreation is 3 acres/I,( ()() population. The
proposed park improvements
5. Drainage
The Threshold Standard requires that storm water flows and volumes not exceed
City Engineer Standards. Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Existing on-site drainage consists of surface flow to East "J" Street and adjacent
canyons. Off-site drainage consists of surface flow in East "J" Street to curb inlets
and a brow ditch to the west of park, as we)) as natural canyon swales. The
Engineering Division has indicated that these facilities are adequate to serve the
proposed project.
6. Sewer
The Threshold Standard requires that sewage flows and volumes shall not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with Sewer Master Plan(s) and City Engineering
Standards. The proposed project will comply with this Threshold Standard, since
the proposed park improvements will not have an impact on sewer flow or volume.
7. Water
The Threshold Standard requires that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed
project will comply with this Threshold Standard, with compliance to the
requirements of the Sweetwater Authority.
3
7-//
.···..····_._._·_··___m_'.'··,··,,_.._.._..~"_..._.._~~__~..
E. Identification of EnvironmentaJ Effects
An initial study conducted by the City of Chula Vista determined that the proposed project could
have one or more significant environmental effects. Subsequent revisions in the project design
have implemented specific mitigation measures to reduce these effects to a level of less than
significant.
The project, as revised, now avoids or mitigates the potentially significant environmentaJ effects
previously identified, and the preparation of an Environmental Impact Report will not be required.
A Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the
State CEQA Guidelines. Specific mitigation measures have also been set forth in the Mitigation
Monitoring Program which is attached as Addendum "A."
The following impacts have been determined to be potentially significant and are required to be
mitigated to a level of less than significant.
Si~nificant. But Miti2atable Impacts
1. Biol02V Impacts
Approximately .55 acres of the site is currently in a naturally vegetated state. Diegan
coastal sage scrub, including lemonade berry (Rhus lntegrifolia), is present on the site
around the existing dirt jeep trail. The proposed project would require the removal of one
8 foot diameter, 5 foot high stand of lemonade berry which is in the middle of the
proposed nature trail. The United States Department of Fish & Wildlife Services
(USFWS) has listed the California gnatcatcher as a "threatened" species, therefore, no
gnatcatcher habitat, including coastaJ sage scrub, may be impacted. The establishment of
a no-net-loss mitigation program acceptable to USFWS will be developed for this project.
2. Public Safety Impacts
The existing park topography includes a grassy knoll at the northern edge of the park
beyond which is natural open space. The Chula Vista Police Department has indicated that
since this area cannot be seen from the lower elevation of the parking lot on the southern
edge of the park, the area is difficult to patrol and survey. The proposed project will
alleviate this problem by regrading the site to eliminate the knoll and provide a clear line-
of-sight from the south end of the park. In addition, the nature trail will be paved with
stabilized decomposed granite and wide enough ( 7 to 12 feet) to allow access to police
and other emergency vehicles. The Police Department has agreed that if a security gate
is installed at the entrance of the park, police personnel will open the gate in the morning
and close it at night to prevent loitering and illegal activities. With implementation of
these mitigation measures, pùblic safety impacts will be less than significant.
4
7-/;<
---.. - .-....-- --- -~._..._---_.,---,-_._~..._,._-_._-------.-._-
F. Miti\1ation necessary to avoid si¡¡nificant effects
Specific project mitigation measures have been required to reduce potentially significant
environmental impacts identified in the Initial Study for this project to a level of less than
significant.
Mitigation measures have been incorporated into the project design and have been made
conditions of project approval, as well as requirements of the attached Mitigation Monitoring
Program (Addendum . A").
1. Biolo~y Irnnacts
Approximately .55 acres of the site is currently in a naturally vegetated state. Diegan
coastal sage scrub, including lemonade berry (genus species), is present on the site around
the existing dirt jeep trail. The proposed project would require the removal of one 8 foot
diameter, 5 foot high stand of lemonade berry which is in the middle of the proposed
nature trail. The United States Department of Fish & Wildlife Services (USFWS) has
listed the California gnatcatcheras a "threatened" species, therefore, no gnatcatcher habitat,
including coastal sage scrub, may be impacted. The establishment of a no-net-loss
mitigation program acceptable to USFWS will be developed for this project as the follows:
I. Any grading and trail construction activity shall be limited to August 1, 1993 until
the end of March, 1994.
2. Any coastal sage scrub plants removed by the project must be replaced with a
similar species. The container size of the replacement plant shall be a minimum
of 1 gallon.
3. All grading and construction activities, including the placement of machinery and
personnel shall be confined entirely within the nature trail boundaries. No
encroachment into the surrounding native habitat will be allowed at any time.
4. All previously established trails that are not part of the proposed park
improvements will be seeded with native plant materials and mulched to encourage
native plant regeneration.
2. Public Safety Imnacts
1. The site will be regraded to eliminate the knoll and provide a clear line-of-sight
from the south end of the park.
2. The nature trail will be paved with stabilized decomposed granite and wide enough
to allow access to police and other emergency vehicles.
5
7~J .3
..-.----... -- .--.-""-
3. The Police Department will open the security gate at the park entrance in the
morning and close it at night to prevent loitering and illegal activities.
With implementation of these biological and public saftly mitigation measures, project impacts
will be reduced to a level of less than significant.
G. Findin~s of Insi~nificant Impact
Based on the following findings, it is determined that the project described above will not
have a significant environmental impact and no environmental impact report needs to be
prepared.
1. The project has the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause
a rlSb or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce tbe number or restrict tbe
range of a rare or endangered plant or animal, or eliminate important
examples of the major periods of California bistory or prebistory.
The proposed project has the potential to impact Diegan sage scrub habitat,
however, with implementation of the mitigation measure set forth in Section F of
this document, biological impacts will be below a level of significance.
Replacement and revegetation requirements of the USFWS will be adhered to
during project implementation to comply with their no not loss policy of this
sensitive habitat.
2. The project has tbe potential to acbieve sbort-term environmental goals to tbe
disadvantage of long-term environmental goals.
The public park improvements will not achieve short-term environmental goals at
the expense of long-term goals. The project is in compliance with the City's
General Plan and zoning. The project will enhance the recreational opportunities
at Halecrest Park by replacing old playground equipment and constructing a nature
trail which will serve to educate park visitors about the environment.
3. The project has possible effects which are individually limited but cumulatively
considerable. As used in the subsection, "cumulatively considerable" means
that the incremental effects of an individual project are considerable wben
viewed in connection witb the effects of past projects, the effects of otber
current projects, and the effects of probable future projects.
The proposed public park improvements will not have a cumulative or growth-
inducing impact. The park is an existing neighborhood park designed to serve the
surrounding community and will not create a need for new housing or commerical
6
7-)1
.. - ----... ....-.,--...-.--.-....-.---
facilities. Both biological and public safety impacts will be below a level of
significance.
4. The environmental effects of a project will cause substantial adverse effects on
human beings, either directly or indirectly.
The proposed public park improvements do not have the potential to adversely
impact human health. Public safety may be increased with the improved visibility
and access to the park by police personnel. The project could have beneficial
effects on human safety by replacing old playground facilities with new facilities.
No other potential impacts to humans or human health were identified in the Initial
Study.
H. Consultation
1. Individuals and Or~anizations
City of Chula Vista: Diana Lilly, Planning
Roger Daoust, Engineering
John Lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Building and Housing
Carol Gove, Fire Marshal
Captain Keith Hawkins, Police Dept.
Martin Schmidt, Parks and Recreation
MaryJane Diosdada, Crime Prevention
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
U.S. Fish and Wildlife Service: Ellen Barryman
.
Applicant's Agent: Nancy Woods, City of Chula Vista Parks and Recreation
2. Documents
General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
7
?-Iý'
..o.,.._w_._.______·_+___·.··____·__··.··_______ .
3. Initial Study
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the
public review period for the Negative Declaration. Further information regarding
the environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 92010.
Jí)ÜL~ ~ C· Ì0~
ENVIRONMENTAL REVIEW COORDINATOR
8
7~/?
"-"_..._..,._._--_._-,~ _._-
ADDENDUM · A·
MITIGATION MONITORING PROGRAM
McCandliss MemoriallHalecrest Park Improvements
15-93-26
In compliance with AB 3180, this Mitigation Monitoring Program (MMP) has been prepared to
address the monit.oring of implementation of those mitigation measures set forth in the Mitigated
Negative Declaration pertaining to IS-93-26, the McCandliss Memorial/Halecrest park
Improvements project.
AB 3180 requires monitoring of potentially significant environmental impacts. The MMP for the
McCandliss Memorial/Halecrest Park Improvements project ensures adequate implementation of
mitigation for the following potentially significant impacts:
- Biology
- Public Safety
The Mitigation Compliance Coordinator (MCC) shall be the City of Chula Vista Environmental
Review Coordinator (ERC). The applicant shall be responsible for ensuring to the satisfaction of
the ERC that all conditions of the MMP have been met.
1. Biolo~y Impacts
Approximately .55 acres of the site is currently in a naturally vegetated state. Diegan
coastal sage scrub, including lemonade berry (genus species), is present on the site around
the existing dirt jeep trail. The proposed project would require the removal of one 8 foot
diameter, 5 foot high stand of lemonade berry which is in the middle of the proposed
nature trail. The United States Department of Fish & Wildlife Services (USFWS) has
listed the California gnatcatcher as a "threatened" species, therefore, no gnatcatcher habitat,
including coastal sage scrub, may be impacted. The establishment of a no-net-Ioss
mitigation program acceptable to USFWS will be developed for this project as the follows:
1. Any grading and trail construction activity shall be limited to August I, 1993 until
the end of March, 1994.
2. Any coastal sage scrub plants removed by the project must be replaced with a
similar species. The container size of the replacement plant shall be a minimum
of 1 gallon.
3. All grading and construction activities, including the placement of machinery and
personnel shall be confined entirely within the nature trail boundaries. No
encroachment into the surrounding native habitat will be allowed at any time.
9
7-/7
--- -...----------- ---- --....-...-----.,--- .-._---.----
4. All previously established trails that are not part of the proposed park
improvements will be seeded with native plant materials and mulched to encourage
native plant regeneration.
2. Public Safely Impacts
1. The site will be regraded to eliminate the knoll and provide a clear line-of-sight
from the $Out!> end of the park.
2. The nature trail will be paved with stabilized decomposed granite and wide enough
to allow access to police and other emergency vehicles.
3. The Police Department will open the security gate at the park entrance in the
morning and close it at night to prevent loitering and illegal activities.
With implementation of these biological and public saftly mitigation measures, project impacts
will be reduced to a level of less than significant.
10 /
7-/7 7 -1-/
. _ _._ ._.,___"w·_·.____.'_m'·'_.."____~_·_·m____·__
J ì yç -55ß
APPLICATION CANNOT BE kl.EPTED UNLESS SITE PlAN ;FOR OFFICE USE
IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER ClSe No. .7-.::> 93· 2b
Depos i t t::\ fA
INITIAL STUDY Receipt No. ~ 114
Date Rec'd /. - -::¡ - ')~
City of Chula Vista Accepted by VYJ¡11
Application Form Project No. ;=/). ~/¿-
A. BACKGROUND
1- PROJECT TITLE.t:Irfn...v:II,ç..c. J-t.-"",~,,.. \ j..t3:¡JUXLC,t Fà..vU""pn"JEJ'\o"\t>n~
2. PROJECT LOCATION (Street address or description) .If.t~ fl=.nc.-4-!J' ~I._,.,.t.. .
Assessors Book, Page' Parcel No. (;, 3 q - 0 3 -l3
3. BRIEF PROJECT DESCRIPTION ~.....\ -w, I"....-b(,..\,~ ~ G.~'-" 1-t,.c".......III~
~1:.....ìnJ. G..,oro-Je.. ",...-.0(. ..."1-..1,....>.1 ~~\ il"\o ....,---Ju.~......~- ......·I~ - "s.~"'l
r;· I \ \'^^~-S~~-
~
4. Name of Applicant (,_ì~j oç c...h..J.o....\I;c.4-a.... 1"a....\w:.a>y-J. ~H~~".... :b'"-i'=bu-
Address .2ïl., ~ -Á'¡~\Jo.L.. Phone ~ ·51'+6
City rl-\.....\n. J;s.J.-,... State CA; Zip " ::z.O I 0
5. Name of Preparer/Agent ~_ ILl!> i~·"'1 o...~I1t-- ~ ~""",,\"oQ
2: A ~ þ¡............r
Address :1(.. ;;;....~ V'Ý" .. Phone '-""'Obl*""
City ~..\I"t. \L,-",--- State r.-A Zip 9: 2-0\ 0
Relation to Applicant e:.~tH~"Ø
6. Indicate an permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
___ General Plan Amendment ___ Design Review Application ___ Public Project
___ Rezone/Prezone ___ Tentative Subd. Map ___ Annexation
___ Precise Plan ___ Grading Permit ___ Redevelopment Agency
___ Specific Plan ___ Tentative Parcel Map O.P.A.
___ Condo Use Permit Site Plan' Arch.Review ::: Redevelopment Agency
___ Varhnce ::: Project Area Committee D.D.A.
___ Coastal Development Use Permit ___ Other
Penait
b. Enclosures or documents (as required by the Environmental Review
Coordinator).
___ Grading Plan Arch. Elevations ___ Hydrological Study
___ Parcel Map ~ Landscape Plans ___ Biological Study
___ Precise Plan ___ Tentative Subd. Map ___ Archaeological Survey
___ Specific Plan ___ Improvement Plans Noise Assessment
___ Other Agency Permit ___ Soils Report ::: Traffic Impact Report
or Approvals .ReQuired ___ Hazardous Waste ___ Other
Assessment
"PC 0413p/gC59P -1- /-/1
__._ . . ._,_.___.___ ,. ._,_________o__
. .
. .
. .
B. pROPOSED PROJECT
f'b.r"'- = .2..0",c..
L I. Lind Arel: sq. footage or Icreage Of"" s,f""A- C .~'S -.
If llnd Irea to be dediclted, state Icrelge Ind pur~ :::&.15&õÞoC-
~\-Þ.
b. Does the project involve the construction of new buildings, or
will existing structures be utilized? t40
2. Complete this section if. project is IIs1dentia'.
I. Type development: Single flmily Two family
ul t i flmily Townhouse Condominium
b. To 1 number of structures
c. Maxi m height of structures
d. Number f Units: 1 bedroom 2 bedrooms
3 bedroom 4 bedrooms Total units
e. Gross densi
f. Net density ( total Icres minus Iny dedication)
g. Estimated projec population
h. Estimated slle or ntal price range
1- Square footlge of str ture
j. Percent of lot coverage .buildings or ructures
k. Number of on-site parki aces to be rovided
1. Percent of site in road In ved su face
3. Complete this section if project is or industrial or mixed
JIU.
a. Type(s) of llnd use
b. Floor area
c. Type of construction use
d. Describe lIajor ac ss points to the ructures and the
orientation to adj ning properties and streets
.. Number of on- te parking spaces provided
f. Estimlted n er of employees per shift
shi fts Total
g. Estima d number of customers (per day)
h. mated number of deliveries per day
WPC 0413p/9459P ·2- 7 -.20
__._.__u ---'.
·
st imated range of service area and bas is of estimate
j. Type/extent of oper not in encl dings
"'4
---- -----
~ -------
pe of exterior Hghting ________
4. If project 1s other than resident ill, coør"ercial or industrial
complete this section.
a. Type of project t::J, '.31.~~ ~ \-...~ft)"¡~"""+':'
b. Type of facilities provided ~....~^_~k..re...L.....: I) ..;¡,. l_~,~
~\c...~ P\~ ....,..\"oIroL;.~ I
c. Square feet of enclosed structures N lA' 0
d. Height of structure(s) - maximum 5~J....'t\R-'~ v-,"~y,~ "II-II"
e. Ult imate occupancy load of project ?-rJ (~~~ 0,,",''\1:'
f. Number of on·site parking spaces to be provided ¡;, ~.....,,.. (> h~
g. Square feet of road and paved surflces (£.)'e.XI~~ , (...i')",,^",,.,
h. Additional project characteristics ~"I"4.;"'t :2.0. ~rJrP_ ty'.-\c..
..I.aJ.l ,^N. ~ l_roJ ~E!.l'. ~ o..vd.. ~"H.rf- It.r,l\\~ c...\~~~,", ~~':-I....k~.
\....~~ ~+'" 1,E!lSS....(E) ~-\c...~ ~1';tqC~f<.'E..)
P.........._I.c+~-.......l*~.'so...ç.c.£.) ____,_.1-. :..·..I~··ç.·'o..I) '1
<J -~~"""'.. - -~.f'SE) -
C. PROJECT CHARACTERISTICS .š 13<'!o,f. ...~ "'-c;-.,J=~.. _5;
CD~-::.~~.r~"",..ø.... at.Þ.s,.f fIo.\ I
~ "'......~..PIOÚ ~ I ·Ç.l"') C.0,S~"'"
1. If the project could result in the direct emissIon of' any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
-bl\A
2. Is any type of grading or excavation of the property anticipated ~~
(If yes, complete the following:)
a. Excluding trenches to be backfilled, how .any cubic yards of
earth will be excavated? -.Je.."s. ~ 6co ~t.. "'(^-J.~
b. How many cubic yards of f111 w111 be placed? 1&.6" ~.~ 500 ,..lot, 'do..~
c. How much area (sq. ft. or acres) w111 be graded? 0·2- 4LN't'
d. What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill ]
Average depth of fill
c...4- c..roL ~ \\ .s.\o.oJ.\ UL \n..l~-.uI a'\ !o.ì-k .
WPC 0413p/9459P -3- '7 ;' e:2 /
...-..-.-- --- -. -- - - _...,-,..._~--_.._.,..._-, ..,.~-~-------_...-
.
.
3. Will there be any no15e generated from the proposed project site or
. from points of Iccess which lIay impact the surrounding or Idjacent
11nd uses? "...'^,,......\o...r- ~\. B - \~<..; ~""" ß~ð'.,IL"'"'\4- I_Pre:.....
f-ð u~d .
4. Describe III energy consuming devices which Ire part of the proposed
project Ind the type of energy used (Iir conditioning, electrical
appliance, heating equipment, etc.) ~IA
5. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) o.'5>'S. n, ....e......
I. If the project wi" result in any employment opportunities describe
the nature and type of these jobs. _t:a..t-A. .
7. Will highly flanvnable or potent ia 11 y explosive materials or
substances be used or stored within the project
site? No
8. How many estimated automobile trips, per day, will be generated by
the project? lÁV\tc.....t'"\Oc.....ðY\
9. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, Ind sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
"Þ-\-o....-e,.
W"\n cÇ:ç.- ~\.k ~ 1IV'\.9~V(l~1""\~ ., >LIt:) 'Ç''''- 9~e ~4-v-;o~ -\-...-.,... ". '-.
"-
. ^-+- """LY"\ S~r.1t" ~ l~i~ -\v-"'þ j\'"bl.u... tpl~v.+-'·:J
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1- Geol Day
Has a geology study been conducted on the property? ~n
(If yes, please attach)
Has I Soils Report on the project site been lIade? ...l:Jo
(If yes, please attach)
2. Hvdroloav
Are Iny of the following features present on or adjacent to the
site? "'ÐV'\e.. (If yes, please explain in detail.)
a. Is there any surface .vidence of a shallow ground water
table? V'\r>
b. Are there Iny watercourses or drainage improvements on or
Idjacent to the site? no
"PC OC13p/9CS9P -c- 7~.2 ;¿
~.__._.__.._~,_.. -..--..-.-.-.-.- .-..---..----- ----
.
, . .- . .
6. Current Lind Use
I. Describe 111 structures Ind llnd uses currently existing on the
Ë~~~rl:B~~n:~f:t~~~\;,~~~~r5~
OJ-~ ...~~o.....
b. Describe III structures Ind llnd uses currently existing on
Idjlcent property.
North 1ovIJ...' r-t:ll "'~II"\ -'p-- r "
South v-P -=-.\d..o '^- ~'o.. \
East ~lll......f\r _ ....,.'\r-oo....n~\ ,.~\.p \I"\,.oo.,.,.",,~~
Vest I . ~ }:": D .'''''DL<(¡ 'h"h~?~ ~ "'^ r -
r.nr'r""\"d.c:> .
7. Sochl
I. Are there Iny residents on site? (If so, how lIany?) ~o
b. Are there Iny current emp~ent opportunities on site? (If so,
how many Ind what type?) 0
8. Please provide Iny other information which lIay assist in the
evaluation of the proposed project.
iii ../yUle.. l..ù-~"\...., ~ VV,lkJV'"CA....i ,...,t)-D'^ c...r~ rO (~t.-u..:'~
a~e_ ~ ~~: ~o/d ~~ ~~\~ I~
. .,1,.. "~o....'" '" ::.......-\-
f"'IÇ-~ ÿ>'f"'IDpD-LPd "r.4rp.lrn...O t2..Ä1ol LÞtJp~ 4:..WAl\
Ge- c....~ 0 A o,.j t:trv:>L I1tu..J r tv, d ~ -f-r:, -PrY n I J rz:\ ~
Ý'Q'¡""VI'_ />(....,,,,4- 0:J~I"IP~-h''M/l-
.
VPC 0413p/94S9P -6- 7-;<'3
--..---.-"..-.-.-,.- -----,._._-,._-_.._---_.~-----_._...
. . .
c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
I""'\.n
d. Could dra i nage from the site cause erosion or siltation to
adjacent areas? I"'wO
e. Describe all drainage facilities to be provided and their
location. V"coV"\~_ 4-c l;:ç;.Ù\,L,,..,t I þ,. \..~~ (M"t>lA..1 ol..:t\'-" ...-!.-\-
~-;~ "l ~"""- ~~ \\"'G-. c..+- +.:>~ !.\<>~ ~·Q,.'Lvd...
3. Noise -+0 ,·eo rre.e...~~.
a. Are there any noise sources in the project vicinity which lIay
impact the project site? J - eo-=. ti-',.. n ¡¿¡ i---h...\p,.r~+-
~VV\e.Jo"\~ Eo..c.,+ ~ I c..h-c>.
\
4. ~
a. Is ~ject site in a natural or partially natural state?
c:. ~~ \h~-k_ t"Jp"" Sf" U? ..~ i...... '" p"....~
...0. ~ .
b. If yes, has a biological survey been conducted on the property?
Yes No ~ (Please attach a copy).
c. Describe all trees and vegetation on the site. Indicate
location, height, diameter, and species of trees, and which (if
any) wi 11 be removed by the project. E.", i ,!,..¡..;~ 6,\ Ioe_ ì!-' ,
f)
. .~ b"ru..J.>... -t.. ~
S. .......,"""'- Y.ð' ~\o.>--+- ~\...1.
a. Are there any known historical or archeological resources
located on or near the project site? ~n
b. Are there any known paleontological resources? ~\o
c. Have there been any hazardous lIaterials disposed of or stored on
or near the project site? ~ð
d. What was. the land previously used for? ~ðX'~ ~ 00<>.. ..sf"HIL
..
WPt 0413p/9459P -5- 7-rJ '-I
_ .___.~'u...__"__·__·_"_ __.".,_'________._____._._ "--'-"--'
.
Case No. IS-93-26
CITY DATA
PLANNING DEPARTMENT
J. Current Zoning on Site: Single Family Residential (R-l)
North Planned Community (PC)
South R-l
East R-l
West (1-805) R~I
Does the project confonn to the current zoning? Yes
2. General Plan land use
designation on site: Parks and Recreation
North ODen SDace
South Low-Medium Residential (3-6 du/ac)
East Public/Ouasi Public (Elementarv School)
.
West (1-805) Low-Medium Residential
Is the project compatible with the General Plan Land Use Diagram? Yes
Is the project area designated for conservation or open space or adjacent to an area so designated?
Yes. Droiect takes Dlace within Halecrest Park
Is the project located adjacent to any scenic routes? Yes
(If yes, describe the design techniques being used to protect or enhance the scenic quality of the
_ route.) Proiect is a Dark imDrovement which will not negatively imDact visual aualitv.
3. Schools
If the proposed project is residential, please complete the following:
Students
Pennanent Temporary Current Generated
School CaDaCitv CaDacitv Enrollment From Proiect
Elem.
Jr. High N/A
Sr. High
4. Remarks:
}1'J¡ "-A.( (ut.-< \ ð' . \1~), '":f .-r . ~3
Director of Planning or Representative Date
11 7~~5
_..._.._.._--_.__._,---_.,-----_._._.~.__..-
- .
. .
E. WI1f1Wlilli
1. ~ fÞr.
I
or
Owner/owner in escrow* .
~.~~:.::<.:' (-
Consultant or Agent·
c.'~~ ~ V\...~
"0." .... o...,..ø.. ~. c..~u..~ 0""" ~,"""u-.~
HEREBY AFfIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that an known
information concerning the project and its setting has been included in this
application for In Initial Study of possible environmental implct and any
enclosures for Ittlchments thereto.
DATE: ý--." .-~ ~, I 'IlC\!.
*If acting for a corporation, include capacity and company name.
. "PC 0413p/1459P -7- 7-;2 ç"
u'_'.','__.··'_ --- - ..-....--.-...-.-,-...-,.-----...--..
.
.
Cue No. ::7:5- .7..?-Jb
H-l. PARKS AND RECREATION DEPARTMENT
1. Is project subject to Parks & Recreation Threshold requirements?
If not, please explain.
2. How many acres of parkland are necessary to
project?
3. Are existing neighborhood and community par. near the project
adequate to serve the population increase res ing from this project?
Neighborhood
Community Parks
4. If not, are parkland dedi or other mitigation proposed as part
of the project adequate to he population increase?
Neighborhood
Community Park ~
s. will applicant be required to:
.
6.
'2 ',l, ~.
epresentative Date
WPC 0413p/94S9P -13- 7 ~ r2 ?
____.,_u_ __ _____.m.._._________. .__._.
elSe No. -75- 93.2é-,
H. FIRE DEPARTMENT
1. What is the distance to the nearest fire station? !wi what is the
Fire Department's estimated reaction time? l~ miles; 4 minutes
2. Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? Yes
3. Remarks
~. f. l~ 2/8/93
fi re Marshal Date
WPC 0413p/9459P . -12- 7-';¿Y
- --.-.--.--.--..--" ..~-- --
YS-5SB.
.
.
Case No. rS~-rP-f,
G. ¡NGINEERING DEPART~~NT
1. Drainaae
a. Is the project site within a flood plain? #JD.
If so, state which FEMA Floodway Frequency Boundary "-{fA.
b. What is the location and description of existing on-site
drainage facilities? Su Ql':A/.=- ~/.bfAl TO &-:::r ~T" <?r7>~rr A.N1">
¿:;, JI2.l=A/".e Pt...L>HJ Tð ~I:>ï7\/.r.l! I, I)IA'Y'OALC ,
c. Are they adequate to serve the project? ~.
If not, explain briefly. ,<fA
d. What is the location and description of existing off-sfte
drainage facilities?ç,¡eçAG£ çu:>w IN ~~":r"~=Tt>~ toJ.£r;;,
R12.nLJ T.:>,7'2:iJ "1"'D W&~..,.. öf;: PAOv A A.1b IJA-nJIlAL ¡-.ANYoLl ~IA.J~~
,
e. Are they adequate to serve the project? YE<'.
If not, explain briefly. ,.<IA.
Z. TransDortation
a. What roads provide primary access to the project? E"A'3r ":r" ~<'Fr
b. What is the estimated number of one-way auto trips to be
generated by the project (per day)? fX?J.Al'5/0-.! DF t>cI'3n..!l; 'AO."-~
WIl...L- {;~-^,'ÇIlÂ'7"'£ AA.{ Ar:>Þ,.·rf/)lIAL. '2..R A:t>I.
c. What is the ADT and estimated level of service before and after
project completion?
Before After
A.D.T. 5{P~D Çt:,7A
L.O.S. "A" "A"
If the A.D.T. or L.O.S. is unknown or not applicable, explain
briefly. A{/A .
d. Are the primary access roads adequate to serve the project? If
not, explain briefly. Y.e:<;..
.
WPC 9459P -14- 7-.29
".~ .._.._.._..___...___ _"__'___'___ w____··~_~_··~_
Y5 -.55"ß
.
Case No. :rC;..q~-;l.b
. e. Are there any intersections at or near the point that will
result in an unacceptable Level of Service (LOS)? NO.
If so, identify: Location IJfA
Cumulative L.O.S. fJ/k .
,
f. Is there any dedication required? J() .
If so, please specify. tJ fA
,
g. Is there any street widening required? 1-10.
If so, please specify. IJ/A-
,
h. Are there any other street improvements required? I-lD.
If so, please specify the general nature of the necessary
improvements. ~/A.
3. So i 1 s
a. Are there any anticipated adverse geotechnical conditions on the
project site? UN ü.JCwN.
b. If yes, specify these conditions. IJ/A.
.
c. Is a so11 s report necessjlry? tJ().
4. Land Form
What is the average natural slope of the site? (oDic .
a.
b. What is the maximum natural slope of the site? 42%
5. Noise
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the applicant? lID.
6. Waste Generation ~¡'A
How much solid and liquid (sewage) waste will be generated by the
proposed project per day?
Solid Liauid
What is the location and size of existing sewer lines on or
downstream from the site?
Are they adequate to serve the proposed project?
WPC 9459P -15- 7- J ¿)
-.... -.-.-.,-.-----.--,,--.----------.-..-
. YS-5Sß
.
Case No. I5-q3-~
7. Remarks
Please identify and discuss any remaining potential adverse impacts,
mitigation measures, or other issues.
:LiJ./q:;
. Date .
.
.
IiPC 9459P -16- 7-J)
-
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By Lead Agency)
Background
1. Name of Proponent: Citv of Chula Vista Parks and Recreation Deoartment
2. Address and Phone Number of Proponent: 276 Fourth Avenue. Chula Vista
691-5071
3. Date of Checklist: Februarv 10. 1993
4. Name of Proposal: McCandliss Memorial Park/Halecrest Park Imorovements
5. Initial Study Number: IS-93-26
Environmental Impacts
YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or changes
in geologic substructures? 0 0 181
b. Disruptions, displacements. compaction
Dr overcovering of the soil? 0 0 2!1
c. Change in topography or ground surface
relief features? 0 0 2!1
d. The destruction, covering or
modification of any unique geologic
or physical features? 0 0 ¡!¡
e. Any increase in wind or water erosion
of soils, either on or off the site? 0 0 Ii1S
f. Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake? 0 0 1&
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mud slides. ground failure,
or similar hazards? 0 0 g
Comments:
The proposed park improvements will not have an adverse effect on soils or geological conditions. Cut and
fill will be minimal and balanced. No significant geological features will be impacted. The Engineering Division
does not require a soils report.
12
7~J~
2. Air. Will the proposal result in: YES MAYBE NO
a. Substantial air emissions or
deterioration of ambient air
quality? 0 0 g
b. The creation of objectionable odors? 0 0 g
c. Alteration of air movement,
moisture. or temperature, or any
change in climate. either locally
or regionally? 0 0 g¡
Comments:
Deterioration of regional air quality would not result from the park improvements. No air emissions
would result from implementation of the project.
3. Water. Will the Proposal result in: YES MAYBE NO
a. Changes in currents, or the course
or direction of water movements,
in either marine or fresh waters? 0 0 ~
b. Changes in absorption rates,
drainage patterns, or the rate
and amount of surface runoff? 0 0 g
c. Alterations to the course or flow
of flood waters? 0 0 ~
d. Change in the amount of surface
water in any water body? 0 0 ~
e. Discharge into surface waters, or
any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen
or turbidity? 0 0 ~
f. Alteration of the direction or
rate of flow of ground waters? 0 0 ~
g. Change in the quantity of ground
waters, either through direct
additions or withdrawals, or
through interception of an aquifer
by cuts or excavations? 0 0 Q!
h. Substantial reduction in the
amount of water otherwise
available for public water
13
//;5 }
supplies? 0 0 Ii!
i. Exposure of people or property to
water related hazards such as
flooding or tidal waves? 0 0 I!!J
Comments:
The proposed park improvements will not impact the quality or quantity of ground or surface waters. Existing
on-site and off-site facilities are adequate to serve runoff from the project site. Landscaping must meet all City
requirements regarding water conservation.
4. Plant Life. Will the proposal result in: YES MAYBE NO
a. Change in the diversity of species,
or number of any species of plants
(including trees, shrubs, grass,
crops. and aquatic plants)? 0 ~ 0
b. Reduction of the numbers of any
unique, rare or endangered species
of plants? 0 r¡¡¡ 0
c. Introduction of new species of
plants into an area, or in a
barrier to the normal replenish-
ment of existing species? 0 0 181
d. Reduction in acreage of any
agricultural crop? 0 0 181
Comments:
The proposed park improvements will not have a significant impact on plant life on the site. The site does
contain Diegan Sage Scrub which will could be impacted by the project. As a condition of project approval,
the applicant must comply with all mitigation requirements of the USFWS regarding replacement and avoidance
01 native habitat. In addition, areas within the natural open space which are bare and exposed due to
previously established trails which are not part of the proposed nature trail will be seeded and mulched to
encourage native plant regeneration. Improvements to the developed park will not effect any sensitive plant
species.
5. Animal Life. Will the proposal result in: YES MAYBE NO
a. Change in the diversity of species,
or numbers of any species of
animals (birds, land animals
including reptiles, fish and
shellfish, benthic organisms or
insects) ? 0 181 0
b. Reduction of the numbers of any
unique. rare or endangered species
of animals? 0 ~ 0
c. Introduction of new species of
animals into an area, or result
in a barrier to the migration or
14 7- J 'I
----_.".~._-
movement of animals? 0 0 ~
d. Deterioration to existing fish or
wildlife habitat? 0 ~ 0
Comments:
Improvements to the developed portion of Halecrest park will not impact any endangered or sensitive species.
Trail construction in the open space area adjacent to the park could potentially impact native birds or animals
on the site. As a condition of project approval, the applicant must comply with all mitigation requirements of
the USFWS regarding replacement and avoidance of native habitat. In addition. the site has previously been
encroached upon by existing footpaths and some human traffic through the area. Given the "earby school and
residential development and the presence of domestic cats and dogs in the neighborhood. the site immediately
adjacent to the park is not likely to support a large or diverse reptile. amphibian, or mammal fauna population.
S. Noise. Will the proposal result in: YES MAYBE NO
a. Increases in existing noise
levels? 0 0 ~
b. Exposure of people to severe
noise levels? 0 0 £I
Comments:
The proposed park improvements would not cause noise levels in the City to change or increase.
7. Ught and Glare. Will the proposal YES MAYBE NO
produce new light or glare? 0 0 IiCI
Comments:
The proposed park improvements will not produce any significant light or glare. Pedestrian lighting will be
directed towards the ground and away from any residential development. There are no residences nearby
which could be impacted by light or glare from the proposed project.
B. Land Use. Will the proposal result in YES MAYBE NO
a substantial alteration of the present
or planned land us.e of an area? 0 0 I&J
Comments:
The proposed park improvements take place within an existing designated park. Tha project is in
conformance with the Parks and Recreation designation. No changes in zoning or the General Plan are
proposed.
9. Natural Resources. Will the proposal result in: YES MAYBE NO
a. Increase in the rate of use of any
natural resources? 0 0 I!J
Comments:
The proposed park improvements would not cause a change or increase in the rate of natural resource
consumption.
15
?~33
-
f. Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians? 0 0 ~
g. A "large project" under the
Congestion Management Program?
(An equivalent of 2400 or more
average daily vehicle trips or
200 or more peak-hour vehicle
trips). 0 0 12!
Comments:
The proposed park improvements will not have an adverse impact on transportation or circulation systems.
The Level of Service on the site will remain at "A."
14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental
services in any of the following areas:
YES MAYBE NO
a. Fire protection? 0 0 2!1
b. Police protection? 0 I8i 0
c. Schools? 0 0 J;!¡
d. Parks or other recreational facilities? 0 0 ~
e. Maintenance of public facilities,
including roads? 0 0 iii
f. Other governmental services? 0 0 ~
Comments:
The proposed project involves improving an existing park facility. Fire, schools, and road services will
not be affected by the project. The Police Department has agreed to open and close a gate at the
entrance of the park if one is installed. No other city services will be impacted by the park
improvements.
15. Energy. Will the proposal result in: YES MAYBE NO
a. Use of substantial amount of fuel
or energy? 0 0 I!!I
b. Substantial increase in demand
upon existing sources or energy,
or require the development of new
sources of energy? 0 0 2\1
Comments:
The proposed park improvements will not have any impact on energy or fuel consumption.
16. Thresholds. Will the proposal YES MAYBE NO
adversely impact the City's Threshold
17
/'.J k
--,._-~-_._-
10. Risk of Upset. Will the proposal involve: YES MAYBE till
a. A risk of an explosion or the
release of hazardous substances
(including, but not limited to oil,
pesticides, chemicals or radiation)
in the event of an accident or
upset conditions? 0 0 125
b. Possible interference with an
emergency response plan or an
emergency evacuation plan? 0 0 OJ
Comments:
The proposed park improvements would not cause a risk of upset in the City. The project will not release toxic
or hazardous material into the environment during upset conditions.
11. Population. Will the proposal alter YES MAYBE NO
the location, distribution, density,
or growth rate of the human population
of an area? 0 0 B
Comments:
Neither population nor demographics would be impacted by the proposed park improvements.
12. Housing. Will the proposal affect YES MAYBE NO
existing housing, or create a demand
for additional housing? 0 0 ~
Comments:
The proposed park improvements will not have any impact on housing stock, or create a demand for additional
housing.
13. TransportationlCirculation. Will the proposal result in: YES MAYBE NO
a. Generation of substantial
additional vehicular movement? 0 0 IX!
b. Effects on existing parking
,facilities, or demand for new
parking? 0 0 IKI
c. Substantial impact upon existing
transportation systems? 0 0 ~
d. Alterations to present patterns of
circulation or movement of people
and/or goods? 0 0 IKI
e. Alterations to waterborne, rail or
air traffic? 0 0 ~
16
7-37
.
Standards? 0 0 ~
Comments:
The proposed park improvements implements the Park and Recreation Threshold. City routing forms indicate
that no other City Threshold Standards will be impacted.
17. Human Health. Will the proposal result in: YES MAYBE NO
a. Creation of any health hazard or
potential health hazard (excluding
mental health)? 0 0 29
b. Exposure of people to potential
health hazards? 0 0 ~
Comments:
The proposed park improvements would not have an adverse impact on human health or safety. No hazardous
or unsafe conditions are associated with the project. Public safety will be increase through greater visibility
and access to the area by police vehicles resulting from the project. Replacement of old picnic and play
facilities could have a positive impact on the safety of park users.
1B. Aesthetics. Will the proposal result YES MAYBE NO
in the obstruction of any scenic vista
or view open to the public. or will the
proposal result in the creation of an
aesthetically offensive site open to
public view? 0 0 ~
Comments:
The proposed park improvements could have a positive impact on the visual and aesthetic quality of Chula
Vista by enhancing the quality of the park by establishing a nature trail.
19. Recreation. Will the proposal result YES MAYBE NO
in an impact upon the quality or
quantity of existing recreational
opportunities? 0 0 !XI
Comments:
The proposed park improvements will improve the existing recreational facilities on the project site, thereby
increasing recreational opportunities.
20. Cultural Resources. YES MAYBE NO
a. Will the proposal result in the
alteration of or the destruction
of a prehistoric or historic
archaeological site? 0 0 ~
.
b. Will the proposal result in
adverse physical or aesthetic
effects to ø prehistoric or
18
7'J~
....-----..--.-.-.......--...--
-
I
-
historic building, structure, or
object? 0 0 IKI
c. Does the proposal have the
potential to cause a physical
change which would affect unique
ethnic cultural values? 0 0 181
d. Will the proposal restrict
existing religious or sacred uses
within the potential impact area? 0 0 DiI
Comments:
The proposed park improvements take place entirely within an existing park facility. No cultural or historic
structures or sites will be impact by the improvements.
19
/-3;
-
Determination
(To be completed by the Lead Agency. Check one box only.)
On the basis of this initial evaluation:
. I find that the proposed project CÇ)ULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
0 I fwd that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
0 I fwd the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
J/7u:¿0-y tl ¡eLL ( . Ì1UL&-4. b' I ç J3
Environmental Review Coordinator Date
7-J/¡/
-
Case No. 150- 9 3-.2"
APPENDIX II
DE MINIMIS FEE DETERMINATION
(Chapter 1706, Statutes of 1990 ~ AB 3158)
Iii! It is hereby found that this project involves no potential for any adverse effect, either
individually or cumulatively on wildlife resources and that a "Certificate of Fee
Exemption· shall be prepared for this project.
0 It is hereby found that this project could potentially impact wildlife, individually or
cumulatively and therefore fee in accordance with Section 711.4 (d) of the Fish and
Game Code shall be paid to the County Clerk.
ì--':'tAA"-<'1 a.1L-'1.. t· ) 7~-{ c.. I)' J3
Environmental Review Coordinator Date
7-f/
-
.
.
Date: March 4, 1993
To: Maryann Miller, Environmental section
via Acting Captain Wilson, Investigations
From: Mary Jane Diosdado, SCP~~
Crime Prevention unit .
Subject: Halecrest Park, Gayle McCandliss Memorial
I have reviewed the information that was provided to the Police
Department regarding park improvements. I have some concerns and
recommendations that should be considered.
Firstly, the area of Halecrest Park is frequented by a variety of
persons and/or groups of persons. There are currently not many
crime cases for that area but man! calls for service on subjects
drinking, vandalizing, gang activ ty, etc. within and in the
outl¥ing area around the park. Re-desiîning the park itself
requ1res that the area be ~en with a h gh degree of visibility.
Lighting must be updated s stantially, and a gate (similar to
Hilltop Park) should be installed.
The outlying area to the north that is being developed should be
graded uphill and not have "dips" or hiding places. Halecrest
Park has always required "patrolling" by the Police Department
and the Park Ranger(s). Improvements need to incorporate the
"defensible space" theory in order for the improvements to be
worthwhile.
The Police Department appreciates the opportunity to provide
in~ut on projects such as this. Please continue to consider the
Cr1me Prevention Unit on improvement projects throughout the
City. If you have any questions, please feel free to contact me
at 691-5127.
/7-'1;</7-18
"_" _...._._..___..._._..____.___.__·_____·'___M
Attachmént B
PARKS AND RECREATION COMMISSION PAGE 4
(: Janwuy 21, 1993
Several Commissioners cxpressed a reluctance to cut the travel budget since it only represents
one person, one conference. In addition, Commissioner Helton recalls that most of the
Commissioners have attended the CPRS Awards and Installations banquet in past years. It
is her opÍIÚon that the Commission would be better selVed to cut their postage account.
Motion to recommend a $40.00 cut from the postage account.
MSC ROLAND/HALL 4-1 (SANDO~FERNANDEZ OPPOSED) (Carpenter _ Wille1t
out)
New Business
A LANDSCAPE MANUAL FOR PARKS AND OPEN SPACE
Landscape Architect Marty Schmidt presented the draft Landscape Manual and asked for
comments.
Commissioner Lind cxpressed his appreciation of the amount of work that has gone into the
f manual and commended staff on a good product.
In response to a question from Commissioner Helton, Landscape Architect Schmidt pointed
out that trails formerly referred to as equestrian trails are now designated as recreational trails
to reflect the diversity of the users (hikers, joggers, mountainbikers).
Motion to approve the draft landscape manual.
MSC HELTON/HALL 5-0 (WILLETT - CARPEN1ER OUT)
B. MœANDUSS MEMORIAL MASTER PLAN
Landscape Architect Schmidt gave a brief histol)' of the project and unveiled the master pla:¡
for the project. He pointed out some of the main features of the project and its connection
witli the existing Halecrest Park, after which he answered the Commission's questions
regarding the Plan.
"-
Motion to approve the master plan.
MSC SANDOV AL-FERNANDEVROLAND 5-0 (CARPENTER- WILLE1T OUT)
7-YY
-- u__..
. Attachment C
.
MINUTES OF A SCHEDULED REGULAR MEETING
I Resource Conservation Commission
Chula Vista, California
6:30 p.m. Council Conference Room
Monday, July 12, 1993 City Hall Building
CALL MEETING TO ORDER/ROLL CALL: Meet:ng was called to order at 6:35 p.m. by
Chairman Kracha. City Staff Environmental Review Ccordinator Doug Reid called roll. Present:
Comn.issioners Hall, Kracha, Ghougassian, Burrascano; Excused: Johnson (on vacation) and Myers
(summer class).
APPROVAL OF MINUTES: It was MSUC (Hall/Burrascano) to approve the minutes of the meeting
of June 7, 1993; 4-0.
NEW BUSINEss:
1. Bob Fuller, Recycling Specialist with the County of San Diego, briefly reviewed the
proposed composting facility in Otay Mesa. San Diego is the lead agency for the EIR. The
facility will provide an alternative for Chula Vista residents to discard green yard waste.
Kracha commented that the City of Chula Vista should begin composting and mulching its
city parks tirst. Additionally, he requested that when methods are developed to transport
green waste from homes to the facility, that they be reviewed by the Commission. It was
I M5UC (Hall/Ghougassian) to support the council agenda statement for the proposed
composting facility; 4-0.
2. After a brief summary, it was MSUC (Hall/Ghougassian) to support the Negative Declaration
15-93-35, of American Safety Technologies; 4-0.
3. Mary Hofmuckel, Parks & Recreation, updated ti,e commission on the McCandliss Memorial
Grove in Halecrest Park. Phase I will include improvements of the playground, trails, etc.
It was MSUC (Hall/Ghougassian) to support the project; 4-0.
4. Planning Commission Agenda PCS 9-07, Sunbow II extension was a public hearing.
5. Election of officers is tabled to the tirst meeting jn September.
STAFF REPORT: Summary of Activities was handed out in packet. Kracha noted that 43 Negative
Declarations were reviewed in 1992 and only IS in 1993. He noted the low number for 1993 was
because of many canceled meetings due to lack of quorum. He encouraged regular attendance.
Ghougassian questioned the number of vacancies for the RCC. Doug to talk to Council.
-1tbJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:02 p.m.
f Respectfully submitted,
l.~¥J
7' £/7
. Attachment D-1
, .
OOUNCIL AGENDA SfATEMENT
Item ¿,
Meeting Date ]0/1191
ITEM TITI.E: Resolution 1¿.15(pproving the "Gayle McCandliss Memorial Grove
and Nature Trail" Capital Improvement Project and appropriating funds
therefore for Phase I
ì
SUBMITI'ED BY: Director of Parks and Recreatio¥..c..: .
REVIEWED BY: City Manager Cz iL-1b (4/5ths Vote: Yes X No_>
~.. Referral No. 2239
At the regular City Council meeting of January 22.1991, staff was directed to investigate the
feasibility of establishing a memorial grove at Halecrest Park in honor of Mayor Gayle
McCandliss. Upon further analysis at the park site, an exp:mded concept for the "Gayle
McCandliss Memorial Grove and Nature Trail" has been formlilated for consideration.
RECOMMENDATION: That the City Council:
1. Accept the staff report, approving the project concept of the "Gayle McCandliss
Memori¡¡1 Grove and Nature Trail" at Halecrest Park, direct staff to prepare a
Master Plan, and approve the submittal of a 5-year phase Capital Improvement
Project (CIP) for consideration in FY 93.
2. Appropriate $7,500 from unappropriated RCf funds in FYl991-92 to implement
Phase I of the project.
BOARDSICOMMlSSIONS REOOMMENDATION: On May 16, 1991, the Parks and
Recreation Commission voted unanimously to establish the Memorial Grove at HaJecresl Park.
Minutes and Commission staff report are attached.
DISCUSSION: At the January 22, 1991 City Council meeting, the council directed staff to
investigate the feasibility of planting donated trees in a "Memorial Grove" and locating a
dedication plaque at Halecrest Park. The report was to identify an appropriate location, process,
and any additional funding necessary so that council could respond to these issues.
Staff conducted a site visit to analyze Halecrest Park in an effort to determine an appropriate
location for such a Memorial. In analyzing location within the park, consideration was given to
existing positive factors such as spectacular views balanced against certain negatives such as
proximity to the freeway and portions of the site that are prone to litter and visual pollution.
Upon conducting and completing the site inspection, and having subsequent discussions with the
Planning Department, it was verified that incorporation of the undisturbed natural open space
into the Memorial Grove concept would be an asset. Staff proposes to expand the Memorial
to include a nature trail system into this project.
IlllIIII'''''''] 1
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, Attachment D-2
Item ¿,
Meeting Date 10/1/91
To ensure the acccptability of this project, staff met with Mrs. Norma McOmdliss on Junc 25.
; !)lIj. A site visit was conductcd with her, and thc entire concept and proposcd locations of the
various elements were reviewed and discussed with her at length. At the conclusion of thc site
visit and meeting, Mrs. McCandliss conveyed her understanding and support for the concept of
the project as presented in this report.
Based upon this analysis, the department proposes a modification of the "Memorial Grove"
concept to include an expansion of the park and the utilization of the city-owned natural open
space area to the north of the park. The "Memorial Grove" would be expanded in concept to
include a "Nature TraiJ". The expansion of the project's scope is being recommended for the
following reasons:
0 The area proposed for the nature trail is owned by the city and has been
identified as a potential area for the expansion of Halecrest Park by the Planning
Department and the Parks and Recreation Department.
0 The views from this location of the mountains of eastcrn Chula Vista, thc
Coronado Bay Bridge and downtO\\-11 San Diego, are spectacular and could hc
utilizcd to great benefit. There are very fcw locations within the City of Chula
Vista that have a promontory landform such as this, that allows unobstructed
views.
0 Because the natural coastal sage/chaparral habitat that is existing at the site is
rapidly disappearing throughout the City and the State, an opportunity exists to
enhance this property and develop public awareness and appreciation for the
natural beauty that is indigenous to this area.
0 Given the "stewardship" that Gayle McCandliss exhibited while on the Council;
preservation and enhancement of this undisturbed open space in the center of the
city would provide an excellent opportunity to support her beliefs.
0 This open space area may be existing habitat for sensitive and endangered plans
and wildlife.
'The proposed Memorial Grove would be located at the northern end of the developed portion
of Halecrest Park, with native California trees being utilized for the grove. Oaks, Torrey Pines
and/or other acceptable trees which would provide an appropriate transition from developed park
into natural open space are proposed. Located within the grove would be a dedication plaque
identifying the grove and the nature trail as the "Gayle McCandliss Memorial Grove and Nature
Trail". The grove would also contain benches that would be oriented towards the view of
downtown San Diego, and an information kiosk for the nature trail.
. [gllll rove¡ . 2
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Attachment D-3
Item ¿,
Meeting Date 10/1/91
The kiosk would have a map to indicate the location of the trail, information ahout the nalive
""~.tal sage/chaparral plant community and the other planl types on the trail. Currently, there
are unimproved trails that wind through the open space, providing an opportunity'to establish
a trail network without having to clear or damage any of the existing plant masses.
The types and quantities of trees and additional plantings, irrigation and supplemental
improvements for this proposal could be developed to a \\ ide variety of intensity levels.
However, the most effective approach would be towards a more simplistic level of development.
This would minimize the impact on the existing open space, provide an appropriate level of
improvements, and keep the costs within reason,
The proposal by staff Tl'commends the development of a master plan for the "Gayle McCandliss
Memorial Grove and Nature Trail", This Master Plan would be developed by the Department's
Landscape Architect. This concept includes a trail network that would connect to the open space
from the park, improve the pedestrian circulation in the park, and provide access to the grove.
In addition, individual site furnishings, signage and related features would be designed or
specified to be provided.
The proposed trees and supplemental plant material should be indigenous to Southern California
to maintain the native/drought tolerant character of the landscape. Furlhennore, it may provide
opportunities to secure grant monies from the San Diego County Water Authority to assist in
the design and signage of the grove and trail system.
This proposal contains five phases. The current plan anticipates four (4) phases to complete the
scope of work for the Memorial Grove only. The final phase would be for improvements to
Halecrest Park that would improve circulation to the Memorial Grove, update the irrigation
system and embellish the park itself.
0 PHASE 1: Procurement and installation of trees, irrigation, plaque and benches
for the "Memorial Grove" at the identified location. To be accomplished in FY
1991-92. Cost estimated to he $7,500.
0 PHASE 2: Identification and layout of the trail system throughout the open space
area. To be accomplished in FY ]992.93. Cost estimated to be $5,000 to
$10,000.
0 PHASE 3: Installation of supplemental plant material and irrigation in the open
space area. To be accomplished in FY 1993-94. Cost estimated to be $10,000 to
$25,000.
(1Iong.o.o] . 3
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-._- ______n'..____n___
Attachment D-4
. .
Item ¿-
Meeting Date 10/1/91
0 PHASE 4: Procurement and installation of site features and signage within the
open space, along the trail network. Construction of an improved traL
(decomposed granite, mulch or concrete pathway). To be accomplished in FY
1993-94. Cost estimated to be $10,000 to $50,000.
0 PHASE S: Design and implementation of improvements to Halecrest Park.
Concrete walkways to access the "Memorial Grove", tot-lot improvements, site
furnishing upgrades to reflect what has been provided in the open space and
irrigation improvements to reduce water consumption and increase efficiency. To
be accomplished in FY 1994-95. Cost estimated to be $100,000 to $250,000.
The initial instaUation (Phase I), would involve staff time to plant the grove of trees;
modify and extend the existing irrigation in the park to sustain the trees; design, procure,
and install the dedication plaque, and improvements to the lookout vista. .
Costs for Phase 1 are estimated at $7,500. This amount includes staff time to prepare
the design. In addition, the estimated cost is based upon the quality and size of the
benches, the amount of supplemental irrigation required, the quantity and size of trees
installed, and the scale and detail of the dedication plaque and mounting pedestal.
The actual costs can vary greatly dependent on how extensive and elaborate the final approved
design is, and whether City staff or independent contractors do the actual installation of the
project.
Attachment A is a graphic indicating the proposed location of the Gayle McCandliss Memorial
Grove and Nature Trail, relative to Halecrest Park and the freeway.
Attachment B is a list of additional project and cost information for each phase and a proposed
time line. Potentially, the project could receive donations to help fund the project; as well as
obtaining resources through community groups involved in raisjng funds and/or assistance with
the actual installation of the project. The potential costs for the site improvements and
components as identified in this report could range between $135,000 to $347,000. The variation
in costs being directly related to the quantity and quality of the improvements being identified
in this report.
FISCAL IMPACT: Funds will be required in the amount of $7,500 from the unappropriated
RCT fund balance.
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Item
Meeting Date 10/1/91
ATI'ACHMENT B
SCHEMATIC COST FSIlMATE AND TIME lJNE
GAYlE MCCANDUSS MEMORIAL GROVE AND NA1URE TRAIL
PHASE 1: Approximately $7,500. Procurement of a dedication plaque and mounting
pedestal, planting of donated trees.. as well as supplemental trees; and
installation of an irrigation system. This phase will require approximately
2-3 months.
PHASE 2: Approximately $5,000 to $10,000. Lay-out and identification of a trail
system throughout the open space area. Costs can vary greatly based on
the quantity and length of trail constructed. This phase will require
approximately 3-4 months.
PHASE 3: Approximately $10,000 to $25,000. Procurement of supplemental plant
material and irrigation components to be installed in bare areas, key
locations and at appropriate micro-climatic niches for specific plant
materials. This phase will require approximately 1 year.
PHASE 4: Approximately $10,000 to $50,000. Procurement and installation of
pathway materials; site furnishings (benches, trash receptacles, drinking
fountains , plant identification signage, etc.). This phase will require
approximately 1 year.
PHASE 5: Approximately $100,000 to $250,000. Re-design of specific aspects of the
park to promote circulation to the Memorial Grove. Improve the tot-lot
area; re-design and install an updatedlstate-of-the-art irrigation system for
reduction of water consumption; remove and upgrade worn out site
features for improved aesthetics and site function; provide a new park
identification sign and improved security lighting. This phase will require
. approximately 18 to 24 months.
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Attachment F-l
City of Chula Vista coST ESTIMATE
PARKS & RECREATION DEPARTMENT PROJECT: Halecrest Park Master Plan
LANDSCAPE ARCHITECTURE DIVISION PROJECT NO.: PR 177
DATE: 10.19.93
PAGE: 1 OF 2
ITEM UNIT UNIT COST UNIT QUAN. TOTAL
1. General Conditions: L.S. 12CXXJ.00 1 $12,00).00
2. Demolition: Concrete: S.F. 1.25 2700 $3.375.00
Playground: L.S. 200).00 1 $2,00).00
Landscape: S.F. 0.10 2500) $2.500.00
3. Rough Grading: C.Y. 8.00 900 $7.200.00
4. Drainage: L.S. 3000.00 1 $3.000.00
5. Fine Grading: S.F. 0.10 2500) $2.500.00
6. Walls: Concrete Masonry Units S.F. Face 8.00 450 $3.600.00
Handrails L.F. 6.00 905 $5A30.oo
Steps wI Handrails L.S. 1250.00 4 $5.000.00
7. Paving: 4' Thk. Concrete S.F. 3.00 5926 $ 17 ,778.00
6· Wide Cone. Mow Curb L.F. 6.00 905 $SA30.oo
6' Thk. D.G. Surface S.F. 2.00 5530 $11.D60.oo
Sand (Playground) Per Ton 33.00 93 $3,069.00
8. Lighting IElectrical: L.S. 17500.00 1 $17.500.00
9. Structures: Picnic Shetters: EA. 2500.00 3 $7.500.00
Playground: L.S. 6CXXXJ.00 1 $60,00).00
10. SIte Fumlshings: Benches EA. 600.00 6 $3.600.00
Trash Recepticles EA. 500.00 5 $2.500.00
Bike Rack EA. 600.00 1 $600.00
Picnic Tables EA. 750.00 3 $2250.00
Hot Ash Receptlcles EA. 500.00 2 $1.000.00
Pork Sign L.S. 3500.00 1 $3.500.00
Dedication Plaque L.S. 200).00 1 $2.000.00
and Pedestal
SUB TOTAl PAGE 1 $184.392.00
7 ~ Sc2
IInacnmen¡; r-¿
ITEM UNIT UNIT COST UNIT QUAN. TOTAL
11. Irrigation: New Installation - "Turf· S.F. 0.50 25900 $12.950.00
. , - ·P.A: S.F. 1.00 32200 532.200.00
12. Landscaping: "Turf" S.F. 0.40 7500 $3.00:>.00
·P.A: S.F. 1.00 32200 532.200.00
Sub Total this Sheet 580.350.00
Sub Tolal Sheel t $184.392.00
Total tor Construclion $264.742.00
Contingencies (10% of const. estimate) L.S. 526A74.2O
Staff Services - Inspection L.S. 510.00:>.00
Grand Tolal 5301.216.20
Open Space Component of Project
1. Grading: Rough I Fine: S.F. 0.75 6500 54.875.00
2. Surfacing: D.G. Walk S.F. 2.00 6500 513.00:>.00
6' Thk. x 12' Wide
3. Bollards & Cable: L.F. 7.00 1200 58AOO.00
4. Site Fumishings: Benches EA. 700.00 4 52.800.00
Kiosk L.S. 2500.00 1 52.500.00
Subtotal 531.575.00
Contingencies (10% of const. estimate) L.S. 53.157.50
Staff Services - Inspection L.S. 53.500.00
GRAND TOTAL 538.232.50
PROJECT TOTAL $339,448.70
7-.53
_.._--_.._-.._,---,~.-
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 01111/94
ITEM TITLE: Resolution /73š8'" Appropriating $26,000 fromCDBGprogram
income account to pay for South Chula Vista Library Project Relocation
Benefits
SUBMITTED BY: Comm""'" D"d""m'~"" {-,
REVIEWED BY: City Manager ~ ~
. --r (4/5ths Vote: Yes Å No->
BACKGROUND:
The City utilized $2,285,000 in CDBG funds for the purposes of acquiring the property and
relocating tenants from the site located at Fourth and Orange for the construction of the South
Chula Vista Library. To date, all of the property has been acquired, construction is anticipated
to begin January 1994 and a partial payment has been made for the relocation of a tenant.
However, the City still needs to pay approximately $26,000 in additional relocation benefits to
two tenants.
RECOMMENDATION: That the City Council accept the report and approve the resolution
appropriating $26,000 in CDBG funds to the South Chula Vista Library Project for relocation
expenses.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Staff had budgeted sufficient CDBG funds in the 1985-1986 CDBG program year to cover all
relocation costs regarding the library project. However, in the 1993-94 CDBG budget some of
the funds still needed for the library project relocation obligations were reallocated to other
CDBG eligible projects, leaving the identified $26,000 shortage. At that time, staff believed the
library project tenants relocation to be completed. For this reason, staff utilized these funds
for another CDBG eligible project, the installation of public improvements located in Otay
Town. Realizing that the tenant relocation has not been completed, staff needs to replenish the
funds. This action is not a response to an increase in project relocation costs; it is simply a
correction of a previous error in adjusting the existing CDBG budget.
The recommended source of replacement funds is program income from the CHIP Housing
Rehabilitation Program, which was funded in past years with CDBG funds. Agency Housing
Set-Aside Funds are now used for the CHIP as they allow more flexibility and require less
reporting. As program income in the form of repayments on housing rehabilitation loans
originally made with CDBG funds aggregate, Council has been reappropriating the funds to
other CDBG eligible projects. The library project is an appropriate use of such funds.
fF)
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Page 2, Item ~
Meeting Date 01/11/94
FISCAL IMPACT: The CHIP Program Income account has an approximate balance of
$91,000. This account will be reduced by $26,000 and said funds will be transferred to CIP
Account #632-6320 PR143, pursuant to Resolution No. 16933 dated December 15, 1992, for
the South Chula Vista Library Project.
[C:\ WP51 \COUNCll..\l13SIRELOCATE.l13]
5š/~
RESOLUTION /7Jfff'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $26,000 FROM CDBG PROGRAM INCOME ACCOUNT
TO PAY FOR SOUTH CHULA VISTA LIBRARY PROJECT RELOCATION
BENEFITS
WHEREAS, $26,000 is needed for relocation benefits to tenants in regard to the
South Chula Vista Library Project; and,
WHEREAS, there are currently sufficient funds available in the City's housing
rehabilitation program income account #02329~85593 which can be appropriately used for such
relocation costs; and,
WHEREAS, the rehabilitation program will not be adversely affected by this
allocation;
WHEREAS, the relocation of the tenants pursuant to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 is necessary to implement the
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby fmd, order, detennine, and resolve that $26,000 from the CDBG
Program Income Account (#02329-85593) be reappropriated to CIP Account #632~6320 PR143
to pay for South Chula Vista Library Project relocation benefits and the City Manager is
authorized to pay said relocation benefits.
Submitted by d by A
r:Lc~ ~
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
)
IC :IWP51 ICOUNCIL\RESOSIRELOCATE.RES]
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.-...-.--.....
COUNCIL AGENDA STATEMENT
Item í
Meeting Date 1/11/94
ITEM TITLE: Resolution /75'5'7 Amending Schedule VI Section 10.52.340 of the
Chula Vista Municipal Code relating to Parking Time Limited On Certain Streets
- Shasta Street from Del Mar Avenue to Third Avenue
SUBMITIED BY: Director of Public Works Ý
REVIEWED BY: City Manager-J( Þðfj...~1 (4/5ths Vote: Yes_NoX)
On January 5, 1993, a Trial Traffic Regulation establishing a (2) two-hour time limited parking restriction
hetween the hours of 8 AM. - 6 P.M. for the 200 block of Shasta Street was implemented pursuant to the
provisions of Section 10.12.030 of the Chula Vista Municipal Code. Signs affecting this restriction were
installed on January 25, 1993.
RECOMMENDATION: That the City Council adopt a resolution to permanently restrict parking along
both sides of the 200 Block of Shasta Street from Third Avenue to Del Mar Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of
August 12, 1993, voted 5-0-1 with Commissioner Braden absent to recommend to the City Council that
the Council pass a resolution affirming the Trial Traffic Regulation and make the parking prohibition
permanent.
DISCUSSION:
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance
No. 1625 on May 27, 1975, the City Engineer, on January 5,1993, determined that in the interest of
minimizing traffic hazards and congestion and for the promotion of public safety, a Trial Traffic
Regulation be established. Per the Chula Vista Municipal Code Section "10.52.330 Parking _ Time limited
on certain streets - Driver obedience required. When signs are erected in each block giving notice thereof,
no person shall park a vehicle for longer than the time specified thereon except Sundays and public
holidays, as shown in Section 10.52.340 and Schedule VI, on any of the streets or portions of streets as
described in said Schedule VI attached hereto and made a part of this chapter."
10.52.340 - PARKING TIME LIMITED ON CERTAIN STREETS - SCHEDULE VI.
In accordance with Section 1 0.52.330, pursuant to resolution or ordinance of the city council and when
appropriate signs have been erected giving notice thereof, no person shall stop, stand or park any vehicle
for a period of time longer than noted in this schedule on any day except Sunday and public holidays upon
any of the following streets or portions of streets:
Name of Street Beginning at: Ending at: Side
Shasta Street Del Mar Avenue Third Avenue
2-hour parking any time between 8:00 a.m. and 6:00 p.m. except on Sundays and public
holidays. 9-/
- -.-.-...---.,----
Page 2, ItemL
Meeting Date 1/11/94
Said regulations became effective upon the posting of signs on January 25,1993 and has run for a trial period
of eight (8) months from the date of such posting. A review of said installation, as required by Chula Vista
Municipal Code, Section 10.12.030 has been made. In accordance with Section 10.12.030 of the code, City
Council must now pass a resolution making this regulation pennanent or the Trial Traffic Regulation ceases
to be effective.
The City Engineer has determined the need to post time limited parking restrictions along both sides of Shasta
Street in the area described above. This is in response to complaints from area businesses and residents in
the area, that vehicles park for extended periods of time thereby monopolizing all of the on-street parking.
As a means to provide a higher parking stall turnover rate for other business customers in the area and reduce
the hardship to area businesses, and especially to local residents, it is determined that this area be restricted
to "Two Hour Parking Any Time Between 8:00 A.M. and 6:00 P.M. Except On Sundays and Public
Holidays". Area residents are able to park in excess of the parking restriction as long as they obtain from the
Public Works Department and properly display the parking pennit.
CONCLUSION:
A review of the traffic conditions by staff and the Police Department show that the parking restriction on
Shasta Street is operating effectively. Therefore, staff recommends that this parking restriction be made
pennanent.
All area residences and businesses have been notified of tonight's City Council meeting.
FISCAL IMPACT: Not applicable.
Attachments: Area Plat
Trial Traffic No.
Safety Commissi tes dated December 10. 1993 (excerpt)
Safety Conunission dated August 12, 1993 (excerpt)
Chula Vista Municipal apter 10.86
Fùe No.: CY -027
WPC F:'J:aome\enginecNgenda\shasta.ttr
9--2,
--- -- ------ .----..- ,--- -- --,..~-----_......_------ -..---- -...-.----. -.-----.-..-------..----
RESOLUTION NO. / ') J 57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE VI SECTION
10.52.340 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO PARKING TIME LIMITED ON CERTAIN
STREETS - SHASTA STREET FROM DEL MAR AVENUE TO
THIRD AVENUE
WHEREAS, on January 5, 1992, a Trial Traffic Regulation
establishing a (2) two-hour time limited parking restriction
between the hours of 8 A.M. - 6 P.M. for the 200 block of Shasta
Street was implemented pursuant to the provisions of Section
10.12.030 of the Chula Vista Municipal Code and signs affecting
this restriction were installed on January 25, 1993; and
WHEREAS, the Safety Commission, at their meeting of
August 12, 1993, voted 5-0-1 with Commissioner Braden absent to
recommend to the City Council that the Council pass a resolution
affirming the Trial Traffic Regulation and make the parking
prohibition permanent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend Schedule VI Section
10.52.340 of the Chula Vista Municipal Code relating to Parking
Time Limited on Certain Streets - Shasta Street from Del Mar Avenue
to Third Avenue as follows:
10.52.340 - PARKING TIME LIMITED ON CERTAIN STREETS - SCHEDULE VI.
Name of Street Beginning at: Ending at:
Shasta Street Del Mar A venue Third Avenue
2-hour parking any time between 8:00 a.m. and 6:00 p.m. except on- undays and
public holidays.
/
Presented by ABpro
John P. Lippitt, Director of ~ruee J
PUblic Works
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January 5, 1993
File: CY-027
TO: Honorable Mayor and City Council
VIA: John D. Goss, City Manager<ÇJ-
FROM: John P. Lippitt, Director of Public Work~~
SUBJECT:
Trial Traffic Regulation
In accordance with Section 10.52.330 of the Chula Vista Municipal
Code, adopted by Ordinance No. 973 on April 12, 1966, pursuant to ;
ordinance or resolution of the City Council, the City Engineer
has determined that in the interest of minimizing traffic hazards
and congestion and for the purpose of the promotion of public
safety, there is hereby established:
SCHEDULE VI - PARKING TIME LIMITED ON CERTAIN STREETS
Name of street Beainnina At Endina At ~
Shasta Street Del Mar Avenue Third Avenue Both
The City Engineer has determined the need to Time-Limit parking
along both side~¡ of Shasta Street in the area described above.
This is in response to complaints from area businesses and
residents in the area, that vehicles park for extended periods of
time thereby monopolizing all of the on-street parking. As a tool
to provide equal opportunity for other business customers in the
area and reduce the hardship to area businesses, and especially
to local residents, it is determined that this area shall be
posted "Two Hour Parking Any Time Between 8: 00 AM and 6: 00 PM
Except On Sundays and Public Holidays". Residents will be able to
park longer with a permit to be . provided by the Engineering
Department.
Said regulation to become effective upon the posting of signs or
other appropriate notice, and shall run for a trial period of
eight (8) months from the date of such posting, at which time a
review of said regulation will be made to determine if it should
be made permanent.
All affected businesses and residences have been notified.
Attachment: Area Plat
Excerpt of Draft Safety Commission Minutes
from 12/10/92
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cc: Safety Commission 9-~
(C:\DENNIS\TRIASHAS.DOC) 124
_____~__M__._ __ _.~___ _'_'~__"_"_"'___m ._._._____,_._. ______.......____ -_.._.~- - ----···-··---··-··--··----_______.____..______..._m _._----
Safety Commission Minutes
December 10, 1992
Page 2
MSC (Chidester/Padilla) the Safety Commission deny the request for an all-way stop at the intersection
of East Naples and Foxboro Avenue. Approved 5-0-2 with Commissioners Braden and Matacia absent.
7. REPORT on Request for 2-hour Parking on a portion of Shasta Street
Frank Rivera presented staff's report.
Chair Thomas asked how many spaces would be affected by the 2-hour parking limit and why staff
recommended that it be a trial traffic regulation.
Frank Rivera said approximately 20 spaces would be affected by the 2-hour parking limit. The reason
for recommending a trial traffic regulation was to see if after installing a two-hour zone, the parking
problem shifted to another street. Staff was concerned that a "domino" effect might occur, shifting
the parking problems onto other area streets. If this happened, staff could remove the 2-hour zone
and find another solution to the parking problem. This would be an eight month trial traffic regulation.
Commissioner Koester asked if most vehicles parked on Shasta belonged to Sharp Rees-Stealy.
Frank Rivera said that other business owners believe that most of the cars belong to Sharp Rees-Stealy
since they are there for extended periods of time.
Commissioner Koester questioned why employees prefered to park on Shasta Street.
Ms. Carmen Arias, On-Site ManagllT, Sharp Res-Stealy, 525 Third Avenue, Chula Vista, CA 91910
said she received a letter from the City and was concerned because the letter made it appear that
Sharp Rees-Stealy (SRS) was not complying with conditions set forth by the City. SRS, between the
hours of 8:00 a.m. - 2:00 p.m. (morning hours) provided 52% of their parking spaces for their
employees. She agreed with the study that indicated there was not a parking problem in the
afternoon. All employees scheduled to work an afternoon/evening shift (2:00 p.m. - 12:00 a.m.) park
on site. She said that some vehicles were listed as belonging to SRS employees but mostly likely were
not. Ms. Arias drove around the area and found that some cars did not belong SRS, but to other
businesses including the court house. As a health care facility, SRS has a commitment to their
patients. There were a large number of complaints from patients regarding lack of adequate parking.
SRS must provide at least 77-100 spaces per hour to adequately provide parking for patients. Ms.
Arais was concerned with the cost of enforcing the two hour parking and the possible domino effect
it could have on the streets. SRS encouraged employees to park away from the facility, however, it
was difficult to enforce. Some employees had been reported to be parking on lawns and blocking
driveways of residents, but she did not know of any cars being towed away. No one had called
Ms. Arias complaining of problems.
Vice Chair Padilla referred to a letter received by SRS employees from management to park away from
the facility and asked if it was a result of patient complaints.
Ms. Arais said that intially all employees were asked to park on site, which created complaints from
patients. At that time, SRS surveyed their staff and found that approximately 100 employees parked
in the morning hours on-site with only 146 parking spaces available. There were a total of 1 51 parking
spaces, but 5 were handicapped spaces. In the morning hours, SRS saw approximately 500 patients.
She said on a monthly basis, SRS reminded employees not to park in residential areas, but it was
difficult for employees because all the surrounding areas were residential. She said on the weekends,
SRS allows parishioners of St. Rose of Lima Church to park in the upper part of the parking structure.
Also, in the evening, near-by apartment residents and their guests used the parking facility. SRS was
working with the community. SRS had looked at alternatives to try and find different parking solutions
for employees. There was space available at Third Avenue and Alvarado Street which was presently '9 _ ?
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Safety Commission Minutes
December 10, 1992
Page 3
monitored by a different committee (Community Development) and was empty most of the time. If
arrangements could be made, she would like to offer it to SRS employees as alternative parking.
MSC (Thomas/Chidester) the Safety Commission concur with staff and recommend to the City Council
to establish a trial traffic regulation for 2-hour parking on Shasta Street between Third Avenue and Del
Mar Avenue. Approved 5-0-2 with Commissioners Braden and Matacia absent.
8. ORAL COMMUNICATIONS None.
STAFF REPORTS
9. 1992 Dioest of Traffic leoislation - Distributed for Commissioner information.
10. 1992-93 CIP Status ReDort - Distributed for Commissioner information.
11. Chula Vista Police DeDartment Traffic SummarY for October 1992 - Distributed for
Commissioner information.
OTHER BUSINESS
12. Commissioner Comments
Commissioner Koester asked for an update on the meetings with the residents of the Country Club
DrivelSierra Way/Palomar Drive area.
Frank Rivera reported he hoped to have the meetings scheduled by the end of December and would
report back to the Commission on the outcome.
Chair Thomas asked Commissioners to come to the January 1 993 meeting approximately 10 minutes
early. He would like to have a mini-meeting on Roberts Rules of Order.
13. Commission WorkshoD None.
ADJOURNMENT
Chair Thomas adjourned the meeting at 7:30 p.m.
Respectfully Submitted,
ÅÚU/ Æ~IPJ
Shirley BuxtGh, Recording Secretary
SB:SAFETY/1210'2.MIN j-Y 121692
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----.----- .. _____"_"'··_···__··__H _'____.__.....________..__~_...___ _______ ____"____.___ ,.-- - -..-.--.----. ,.' -------..--
Safety Commission Minutes
August 12, 1993
Page 3
Frank Rivera said that at last month's meeting, the residents indicated there were motorists passing one another
in the area. Staff felt the double yellow would prohibit vehicles from passing on another as well as help the
motorist stay on the appropriate side of the street. The centerline striping would create a narrower lane
which would slow down motorists.
MSC (Thomas/Koester) to install 25 MPH pavement marking adjacent to each speed limit sign, add red curb
to prohibit parking at 831 Halecrest Drive, allow driveway access at 829 Halecrest Drive, and add a double
yellow centerline stripe. Approved 5-0-1 with Commissioner Braden absent.
Chair Thol)1as asked staff to look at trees and shrubs in the area that could cause sight obstruction.
6. REPORT on Traffic Concerns for Kittiwake lane
Frank Rivera presented staff's report and viewed slides of the area.
MSC (Koester/Pitts) to place the missing sidewalk project on the Block Act Program and add a southbound
stop sign at Moss Street. Approved 5-0-1 with Commissioner Braden absent.
7. REPORT Affirming No Parking any time on E Street between First Avenue to E. Flower Street and
T oyon lane to Bon i ta Road
Frank Rivera presented staff's report.
MSC (MatacialKoester) to recommend to the City Council that the Council pass a resolution affirming the
Trial Traffic Regulation and make the parking prohibition permanent. Approved 5-0-1 with Commissioner
Braden absent.
8. REPORT affirming Time limited parking on Shasta Street between Third Avenue and Del Mar Avenue
Frank Rivera presented staff's report.
A.lberta Hartung, 1545 Malta, Chu/a Vista, CA 91911, was interested in the item because her father lived
on Shasta Street at Del Mar Avenue. She felt the trial traffic regulation was working and allowed residents to
park on the street, but saw there was a problem being created on Del Mar Avenue. Ms. Hartung appealed
to the Commission for assistance in receiving residential parking permits. Her father had alzheimer's disease
and she, her brother, and a professional nurse took care of her father and needed residential parking permits.
Since she did not live on the street, she could not get a permit.
Frank Rivera said he would be in contact with Ms. Hartung and would try to assist her with a parking permit.
MSC (PadillalThomas) to recommend to the City Council that the Council pass a resolution affirming the
Trial Traffic Regulation and make the parking prohibition permanent. Approved 5-0-1 with Commissioner
Braden absent.
9-C¡ UNOFFICIAL MINUTES
. _ . _·'m._____._~.___..____.._
Chapter 10.86
PERMIT PARKING IN
RESIDENI1AL ZONES
Sections:
10.86.010 Purpose and Intent.
10.86.020 Permit parldng in excess of time limitations.
10.86.030 Citation of permit vehicles.
10.86.010 Purpose and Intent.
The purpose and intent of the city council in adopting Section 10.86.010 through 10.86.030 is to
establish procedures for the issuance of permits to residential property owners or tenants to enable such
persons to park their vehicles in the street adjacent to their homes for periods in excess of the time
lin1itation established for parking on such streets. COrd. 1904 §1 (part), 1980).
10.86.020 Permit parking in excess of time limitations.
,
Any owner or tenant resident of property located on a residential street which has a two· hour parking
limitation may obtain at no cost, by showing proof of address and vehicle registration, a peID1it from the
director of finance which authorizes said vehicle to be parked on residential streets, as designated on said
permit, where a two-hour time lin1itation has been imposed in excess of said time limitation. COrd. 1904
§ 1 (part), 1980).
10.86.030 Citation of permit vehicles.
Police officers or other persons charged with the duty of enforcement of traffic regulations in the city
shall not issue citations to any vehicle displaying the authorized permit issued by the director of finance
regardless of the length of time that said vehicle may be parked on any residential street on which a
two-hour parking time limitíltion has been in1posed; provided, however, such permits shall not authorize
parking in excess of the seventy-two-hour limitation as in1posed by Section 10.52.100. COrd. 1904 §1 (part),
1980).
9-/¿J 713 , (R 11/91)
"- --- .---...----..-.-..--..-------
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 1/11/94
ITEM TITLE: Report on Sewer Service Charges for 1010-1016 Broadway, Assessor's
Parcel Number (APN) 618-110-31-00
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager0G.,¡ Þð ~ (4/5ths Vote: Yes_NoX)
Council Referral No. 2837
At the Council meeting of December 14, 1993, Mr. Fredrick Schnaubelt inquired about the
accuracy of the sewer service charges assessed to his shopping center located at 1010-10 16
Broadway, APN 618-110-31-00. Staff is submitting this report in response to Mr. Schnaubelt's
inquiry as directed by Council.
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. Schnaubelt originally contacted the City ofChula Vista regarding his sewer service charges
in a letter to the Public Works Department dated June I, 1993 (Attachment I). In this letter,
he stated that this property was in bankruptcy and that he couldn't pay the sewer service
charges. He protested the rate of increase of these charges between Fiscal Years 1989-90 and
1992-93 and requested that the City reduce his fees to the 1988-90 level.
Mr. Schnaubelt's property is located in the Montgomery area of Chula Vista. Prior to Fiscal
Year 1992-93, Montgomery property owners were being charged at a rate lower than the rest
of Chula Vista. Since the Montgomery area is being provided with the same level of service
as the rest of Chula Vista, Montgomery sewer service rates were gradually brought into parity
with the rest of the City. These rate increases were approved by Council in Resolution 16705
dated 6/30/92 and Resolution 16187 dated 6/9/91.
Prior to Fiscal Year 1991-92, commercial facilities were charged for sewer service on the basis
of estimated wastewater discharge calculated at the time of building permit issuance. This
charge may not have been equitable, since it did not necessarily reflect businesses' actual water
consumption and wastewater discharge. Therefore, beginning with Fiscal Year 1991-92,
commercial facilities were charged on the basis of water consumption in both the Montgomery
area and in the rest of Chula Vista. The commercial sewer service charge in the Montgomery
area was based on the previous year's consumption (April to April).
ItJ-j
-.-- ....--.-----...--
Page 2, Item /¿;J
Meeting Date 1/11/94
In the staff response to Mr. Schnaubelt dated July 16, 1993, (Attachment 2), the new billing
methodology was explained. Also, since the major wastewater discharger in the shopping
center is a laundromat, ten other Southern California agencies were surveyed regarding the
rates charged to laundromats and that information was provided to Mr. Schnaubelt. Out of the
six agencies with charges based on water usage, only La Mesa's rate was lower than Chula
Vista's low strength commercial sewer service rate of $1.47 per 100 cubic feet (RCF) of water
consumption. The results of this survey are shown on Table 2 of the letter to Mr. Schnaubelt.
We also found that APN 618-110~31-00 was correctly charged for sewer service based on
water consumption on Sweetwater Authority water account 700-2540-0, but was incorrectly
charged on accounts 700-2500-2 (an irrigation meter) and 701-6860-2 (for an adjacent
property). Therefore, a tax adjustment of $347.31 was submitted to the County for his Fiscal
Year 1992-93 tax bill. We informed Mr. Schnaubelt that we would process a refund for
overpayment of $268.66 for Fiscal Year 1991-92 after we received evidence from him that his
taxes had been paid. We have not received this evidence and this refund has not been sent.
The correct sewer billing on water account 700-2540-2 for Fiscal Year 1992~93 was $5,215.77
based on consumption of 3409 HCF of water between April 1991 and April 1992. This charge
was based on the sewer service rate of $1.47 per HCF and the storm drain rate of $0.06 per
HCF. These rates stayed the same for Fiscal Year 1993-94. However, the water usage on
Account 700-2540-2 increased to 4479 HCF during the period of April 1992 to April 1993.
Based upon this consumption, the proper sewer service charges and storm drain fees for Parcel
618-110-31-00 during FY 1993-94 are $6,852.87 as indicated on Mr. Schnaubelt's tax bill.
Mr. Schnaubelt's sewer service charges are similar to all the other businesses in Chula Vista
paying sewer service charges, and it is recommended that no adjustments or refunds be made
for APN 618-110-31-00 without considering a general rate change. It should be noted that the
City's adopted sewer rate plan approved by the State requires that each user of the sewer
system pay a fair share based on the volume of sewage generated and its strength.
FISCAL IMPACT: None.
Attachments : 1. June I, 1993 letter from Fred Scbnaubelt j
2. July 16, 1993, response to Mr. Scbnaubelt
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2728 ADAMS AVENUE FAX
SAN DIEGO, CALIFORNIA 92116 (619) 487-6287
-
June 1, 1993 (619) 280-2082
Public Works Department
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
RE: Sewer Charge Appeal 1010 Broadway
Dear Director: APN 618-110-31-00 Acct 700-2500-2
700-2540-0
Since 1990 Chula Vista's Sani (sewer) charge has increased 350%,
from $1575 to $5,563 for FY 1993. Your annual increases are uncon-
scionable. There's no way to pay them. They haven't been paid. The
property taxes, including your fees. are in arrears over $68,000.
The property has been in default on a second trust deed, now cured,
and in Chapter 13 bankruptcy, and Chapter 11 bankruptcy earlier
this year. The property has also been in default on the first
trust deed for two years, now cured except $13,000 in late fees.
In seven years the property has been 100% occupied for only two
months. Two ten years leases were lost four years ago because the
City of Chula Vista assessed an ice cream parlor $7,000 for traffic
signalization, and a pizza parlor $5,000. Both fees were waived by
the city manager after it was too late and the tenants w~re lost.
Presumably the incredible sewer fees are because of the laundromat
located on the property. The way our leases are drawn we cannot
pass on the sewer charges to the laundromat which is obligated to
pay only a square foot prorata share of the property tax bill. The
laundromat could not pay the charge anyway.
Your most recent one year charge of $5,563 is more than 7 years
profit on a $600,000 cash investment in this commercial center, and
is more than the laundromat's wages and profits combined for the
last 5 years. You can verify this by inspecting the accounting
records and tax returns for the center and Harborside Laundromat.
The Tax Assessor has reduced the property taxes by $6,600 which
savings has almost completely been wiped out by your charges.
One meter is for landscaping only and should not be assessed for
sewer. I'm askinq you to reduce your fees to their 1988-90 level.
Mission Viejo's commercial rate for sewer is a maximum of $18.30
per month. Perhaps you can learn from its pro-business stance.
~~;~~/ /cJ~;J
red schn~ubeí?, Managing Partner
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CllY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS July 16, 1993
ENGINEERING DIVISION File: KY-090
Fred Schnaubelt
2728 Adams Avenue
San Diego, CA 92116
REVIEW OF SEWER SERVICE CHARGES FOR 1010-1016 BROADWAY
.
On June 14, 1993, we responded to your June 1, 1993 letter and informed you that we would
review the sewer service charges assessed to your commercial complex located at 1010-1016
Broadway in Chula Vista (APN 618-110-31-00). We hereby provide you with the results of our
investigation.
The enclosed table shows the sewer charge calculations for your property for the last four years.
The charges in FY 1989-90 and 1990-91 were based on the rates of $70.00 and $100.20 per
Equivalent Dwelling Unit (EDU) respectively. The number of EDUs was calculated at 22.5 (30
washers X 0.75 EDUs per washer).
In FY 1991-92 we changed our commercial sewer service billing for the Montgomery area of
Chula Vista from the EDU approach to a method based on actual water consumption for the
previous fiscal year. Also, in order to comply with State requirements, the City adopted a sewer
service rate based on waste water strength (Resolution 16187). In order to implement this new
method, we classified all the commercial and industrial users in the City as generating low,
medium or high strength waste water. We then calculated their sewer service charge based on
their average water consumption. The average water consumption and the rates used for your
two water accounts are shown in the table. Your shopping center was charged at the lowest
commercial rate.
During the review of your sewer service charges we confirmed that the meter for account 700-
2500-2 was indeed used for itTigation only and should not have been charged for sewer service.
We also discovered that 1011 Broadway (water account 701-6860-2) was coded with the
Assessor's Parcel Number of your property and the sewer service charge for that address was
erroneously included in your property tax bill for FY 1991-92 and FY 1992-93. The total
aIIlount you were overcharged for these accounts was.$268.66 for FY1991-92 and $347.31 for
FY1992-93 as shown on Table I (enclosed). The County of San Diego Property Tax Division
informed us that your taxes have not yet been paid for FY 1992-93. We will therefore submit
a tax adjustment for $347.31 to the County. Our Finance Department will process a refund of
the $268.66 for FY 1991-92 after we receive evidence from you that your taxes have been paid
for that year.
Revenues from the sewer service charges are used to pay City costs for the collection, treatment
and disposal of sewage. Wastewater treatment and disposal is provided to Chula Vista by the
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.
" Fred Schnaubelt 2 July 16, 1993
San Diego Metropolitan Sewerage System (Metro). Due to the high expense of upgrading the
Metro facilities and treatment processes in accordance with State and federal requirements, the
costs to all Metro member agencies have increased rapidly. Nevertheless, Chula Vista has been
able to maintain one of the lowest sewer service rates in the region. The City's strategy to fund
its share of the Metro upgrade has been to implement gradual yearly rate increases instead of
sporadic steep increases. This enables us to maintain adequate reserves and reasonable sewer
service rates. Enclosed for your information is a table showing the rates used by other agencies
in the San Diego area for laundromats (Table 2). .
In your letter you refer to the sewer service rates for commercial facilities used in Mission Viejo
and indicate that their maximum commercial charge is $18.30 per month. Gayle Smith of the
Santa Margarita Water District informed us that the rate you mentioned is just the base rate.
The total charge is obtained by multiplying the base by a factor (or multiplier). This multiplier
is obtained by dividing the average water consumption in gallons per day (GPD) by 280. Using
their fee structure, the sewer service charges for your facility for FY 1992-93 would have been
$5,490.00, as shown on Table 2. This is slightly higher than our revised charges of $5,215.77.
While it is not possible, under the Municipal Code, to reduce the sewer service charges as
requested, we hope the information provided herein will help you to understand the recent rate
increases and modifications in our methods of assessing sewer charges. We have enclosed the
information you verbally requested on laundromat recycling. If you have any further questions
regarding this matter, please contact Roman Miranda, of the Engineering Division, at 691-5117.
~fQ~
SENIOR CIVIL ENGINEER
RM:
A:ISCIINBLTI.LIR
I¿J~S
-,.._-,-.---,--- -.----------,- .-..--.---
-
City of ChuJa Vista
Engineering Division
Sewers Section
TABLE 1
,
Sewer Service Charges
1010- 1016 Broadway
NO. OF CHARGE WATER AVERAGE STRENGTH TOTAL
FV EDUs PER EDU ACCOUNTS CONSUMPTION CLASSIF. RATE" CHARGE
$ HCF" /YR $" 00 HCF $/YEAR
1989-90 22.5 $70.00 $1,575.00
199D-91 22.5 $100.20 $2.254.50
1991-92 Not used ~:~!~;~¡~ \;f~~~ !ii t l:::;!~:¡~::;;il;i~r~r~~
1992-93 Not used \'./1. 'O.'.O.}2$. .oø¡2?, !g;l ??n¡\I'i.::n. 't.I2.:. JI. ¡e. 7.i'
"·'io'·O:í·s·¡ô·'-ÔrL ~. If':¡¡;r ··,·,·,'.·s;2in'
:Yì'Jli\ls\!O'2. \i/l1;s1 ti::,i"MA;\!4(
. ........-...,..,-"...,. .-..-..-,............... "'P""""--"'--"
I $5.563.08
Toto'omountoverchorged FY 1991-92 & FV1992-93 - (96.94 + 171.721 + (134.64 + 212.67) _ $615.97
. HCF c Hundred Cubic Feet
.. Rate includes $O.06/HCF storm drain fee
þ)/ :!):(:(\ti:1 = Amount overcharged
A:\SCHNBL Tt.XLS
/¿J-~
Page 1
- ..-. ..--."-- _...----_..."-_._-."..._~_.__.-.
I
City of Chula Vista
Engineering Division
Sewers Section
TABLE 2
Imnti..........,:n$~~R$,I!I!.YIØI!ºHA,aø!;$r¡øa ¡Al.I,..þaøMAT$;;i;~;::'..¡:~
AGENCY RATE
CHULA VISTA $1.47 PER HCF OF WATER USED (lOW STRENGTH)
El CAJON $1.00 FEE + $1.57 PER HCF OF WATER USED
IMPERIAL BEACH $2.B4 PER HCF OF WATER USED (FOR CAR WASHES & LAUNDROMATS)
LA MESA $5.45 BASE FEE + $1.30 PER HCF OF AVERAGE WATER USAGE
LEMON GROVE $169 PER EDU PER YEAR (1 WASHER - 1 EDU)
NATIONAL CITY $1.96 PER HCF OF WATER USED (lOW STRENGTH I
PADRE DAM $14.50 PER EDU PER MO. (3 WASHERS - 1 EDUI
POWAY $IB.21 PER EDU PER MO. (1 WASHER - 1 EDU)
SAN DIEGO $1.B7 PER HCF OF WATER USED
SPRING VAllEY $243 PER EDU PER YEAR (1 WASHER - 0.75 EDUs)
¡~.~;:¡¡:II!i~~~~;';.~!~I[~¡;~_i~\;~;!;~1~;~;!~~:~;::!:!~¡¡:¡¡¡¡;¡':I
:tJt~··::'~~·'::·:·:··:·:·:}·\·,·····:~:···:\\\··}·i;Jttttttt;;:~:;;UtøRnI~:,ÞrtV'tlt;~$$lÞÍ1Ì·Yi~·t;L:tt~~~;::;;;;·t..,::.,:::,:;:;."~,,,,::::,:·t:}·::.tt.~.·.··..·······,..'.,.......'............
WBter Cons. = 3409 HCF/year (as used for your revised FY 92-93 charge)
3,409/12 = 284.08 HCF/month = 7,083.14 GPD
7,083.14 GPD + 280 = 25.30 rounded to 25
25 x $18.:30 = $457.50 per month
$457.50 x 12 = $5,490.00 per year.
A:\SCHNBl T2.XlS
RM: 7/1/93
1¿;J-7
Page 1
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-. ,-,.!t.... .~. ~..:<F: ..,. -',.' I ·'t..t- n.:;~:---.~',. o ,~;"~~_l '"'".;-:- .: ~r . '. :". ~ :I;-,~: ·;~~,~.,'.-"1 .,.:~~~;..'
,., "....._~' ..... -}\;¡~ c, ;.; -, '~,;#'. .:)~{}_ A" .',' {,
..
HAROLD WALLER & ASSOCIATES, INC:
Commercial Laundry. Drycleaning Equipment and Brokerage Professionals
8418 SUNVIEW DRIVE
P.O. BOX 2682
EL CAJON. CA 9202 1
(619) 561-3318 . (619) 561-8440
,
September 12, 1991
. .
, City Of Chula Vista I. .~
,
Public Works Department
276 4th Avenue
Chula Vista, Ca. 92010
To Whom It May Concern: ..
.
RE: COIN LAUNDRY-1011-27 3RD AVENUE, CHULA VISTA, CA. 92010 .
. .
I have been given the opportunity to design and provide the equipment for this
coin laundry. I distribute and install laundry equipment, including water
filtration and reclamation systems. I have been active in this industry in
Southern California and Baja California Mexico, for over 23 years.
On behalf of my client, Mr. Alan Elinger, we are introducing the first coin
laundry waste reclamation system in the Western U.S. This is a ,new system
and is currently operating successfully on the Eaat Coast. This system is by
IPSO-USA a leading manufacturer of commercial laundry equipment, baaed in Long
Island City, New York.
I have proposed to Mr. Elinger this waste water reclamation system to conserve
city supplied water and reduce the volume of waste water discharged. This water
system will be an asset to the community, the city, and the envior~ment.
Additional information is being provided including laboratory test results. Any
questions regarding the water system. including technical, please do not hesitate
to call.
Upon your review and consideration I'm sure you will agree this system is what
we have all been waiting tor!
Sincerel)',
ø.tt:---~
Harold Waller, President .
HWA, INC.
,
.
/LJ-'5
58 HaÞla ElpaflOl
---... _.____.__..._,_._~_____.__ __.___. __.'m
COUNCIL AGENDA STATEMENT
Item /)
Meeting Date 1/11/94
ITEM TITLE: PUBLIC HEARING: PCA-93-01 - Consideration of additions to and
amendments of portions of Title 19 of the Municipal Code to allow
auctions subject to approval of a conditional use pennit in the I-P (General
Industrial-Precise Plan) Zone - City of Chula Vista
ORDINANCE oZ5""ð" Yamending Title 19 of the Municipal Code to add
Sections 19.04.015 and 19.58.050; and amend Sections 19.46.040,
19.58.070, and 19.62.050 in order to allow auctions subject to approval
of a conditional use pennit in the I-P (General Industrial-Precise Plan)
""'" ~ ",,,F
v-'
! ¿
SUBMITTED BY: Director of Planning ~ tt- fJ,
REVIEWED BY: City Manager -.J4 ~ ~) (4/5ths Vote: Yes_No.lO
SUMMARY:
1. Pursuant to the Siroonian Settlement Agreement ("Agreement") (Attachment "A"), the
City agreed to consider an amendment to Title 19 of the Municipal Code to allow '''the
lien sale of impounded vehicles' to occur in an I~P (General Industrial-Precise Plan)
designated zone subject to securing a conditional use/special pennit".
2. City staff prepared a draft Code amendment which would allow lien sale of impounded
automobiles as a conditional use in the Industrial - Precise Plan (I~P) zone. This
proposed amendment was reviewed by the Planning Commission, but at their direction,
was revised and expanded. The expanded definition encompasses auctions involving
automobiles, large heavy equipment items, and other similar items.
3. An Initial Study, IS-93-24, of possible adverse environmental impacts of the project has
been conducted by the Environmental Review Coordinator (ERe). The ERC concluded
that there would be no significant environmental effects and recommends that the
Negative Declaration, and addendum attached thereto, be adopted.
RECOMMENDATION: That Council adopt the ordinance approving additions to and
amendments of portions of Title 19 of the Municipal Code to allow auctions, subject to approval
of a conditional use pennit in the I-P (General Industrial-Precise Plan) Zone.
BOARDS/COMMISSIONS RECOMMENDATION: On June 9, 1993, the Planning
Commission held a public hearing on the proposed Code amendment, and continued this matter
to allow consideration of an expanded definition of "auctions." On October 27, 1993, the
)J-j
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Page 2, Item ))
Meeting Date 1/11/94
Planning Commission voted 6-1 recommending that Council enact the additions and amendments
in accordance with Resolution PCA~93-01.
At its May 10, 1993 meeting, the Resource Conservation Commission voted 4-2 to deny
Negative Declaration IS-93-24, based on what they believed to be the negative image presented
by this type of use. On October 25, 1993, the Resource Conservation Commission considered
the addendum to IS-93-24 and revisited its May 10, 1993 action but chose to take no further
action at that time.
BACKGROUND:
Siroonian Agreement
The Siroonian Agreement was executed on November 25, 1992 as an out-of-court settlement
resulting from litigation brought about by several property owners in the vicinity of Energy
Way. The litigation was related to the Otay Valley Assessment District and Otay Valley Road
improvements.
One provision of the Agreement required that the City process the subject text amendment for
'''the lien sale of impounded vehicles' to occur in an I-P (General Industrial-Precise Plan)
designated zone subject to securing a conditional use/special permit". The particular business
that was a party to the Agreement that prompted the text amendment is A to Z Metro Towing
(Metro), an impound yard where the lien sale of such autos takes place. A text amendment and
special land use permit were needed to bring this use and property into conformance with City
regulations.
The City is not committed to approving the text amendment by the agreement, only to processing
it. Item II.C, Condition Precedent No.1, on page 6 of the Settlement states:
"Condition Precedent No.1. Initiation of Lien Sale Zone Text Change Processing. City
shall commence, within 20 days of the effective date of this Agreement, an initial study
for the Lien Sale Zone Text Change, which shall be deemed to be the initiation of the
process to accomplish a Lien Sale Zone Text Change. Nothing herein contractually
commits the City to implement the Lien Sale Zone Text Change. "
Present Regulations on Auctions and Automobile Auctions
At present, auctions, as discussed in this report, are not addressed in the Zoning Ordinance.
The only types of auctions addressed are "Auction Rooms" and "Livestock Auctions." These
are not related to the subject use and are allowed in zoning districts other than industrial.
Therefore, staff concluded that the creation of a new category of land use called "auction" is
needed, especially given the circumstances along Energy Way.
//-~
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Page 3, Item /1
Meeting Date 1/11/94
An understanding of how "auctions" are currently treated under the Zoning Ordinance is
important, however. At present, auto auctions are treated as used car sales, which is a
prohibited use in the I (General Industrial) Zone. An auto auction (used car sales) would,
however, be permitted in the I-L (Limited Industrial) Zones if it were accessory to the sale of
new automobiles. Likewise, in the C- T (Thoroughfare Commercial) Zone, if it were the
primary use or associated with a use other than the sale of new automobiles, a conditional use
permit would be required. The C-T and I-L zones are the only two zones where used car sales
can take place.
Treating auctions as used car sales could prove problematic, since auctions can be far different
than traditional car sales and the criteria for automobile sales facilities (Section 19.58.070)
provides for off street parking equal to one-tenth of the car storage capacity. This parking ratio
is inadequate for auctions because such uses, which usually occur at specified intervals and not
on a daily basis, can attract hundreds of people to one event, as opposed to the traditional car
lot where generally only a few people browse at their leisure.
If the provisions listed in the draft City Council Ordinance are adopted, auctions would be
treated separately from used car sales and each applicant would have to justify the amount of
parking with a parking analysis.
DISCUSSION:
ProDosed Code Amendment
The original proposed Code amendment would have allowed the lien sale by auction of
automobiles as a conditional use in the I-P Zone, as described in the Siroonian Agreement, and
also would establish development and operational standards for this use. The Planning
Commission reviewed this initial proposal at a public hearing held on June 9, 1993.
At that time, the Planning Commission received testimony and correspondence from Attorney
Rebecca Michael, representing Jim and June McCormack, who own property at 880 Energy
Way, some of which is used for auto dismantling and some for vehicle storage. Ms. Michael
requested that the Planning Commission consider an expanded definition of "auction," which
would include sale of vehicles, heavy machinery and equipment. She requested this because the
McCormack's property was used as an auction yard for many years and they wish to again lease
it to an auction company.
The use of the McCormack's property as an auction yard was suspended when the previous user
vacated the property. At present, the portion not being used as an auto dismantling yard is being
used for auto storage. To date, no other auction company has leased the property because of
the pending text amendment.
//-3
. "--_..,. - "-_._,._.._~~_.._-"
Page 4, Item J/
Meeting Date 1/11/94
Although Metro Towing auctions automobiles, as would a potential user of the McCormack
property, they differ in that Metro Towing auctions impounded automobiles whereas the other
types do not. The selling or auctioning of impounded autos is strictly controlled by various State
codes, whereas any other type of auction is not, because the company is not State licensed to
do impounding or auctioning of impounded automobiles. Auction companies not involved in
impounding automobiles or in selling impounded automobiles can, however, auction
automobiles, for example, from a used car dealer who is liquidating his stock because he is
going out of business.
For these reasons, Ms. Michael requested that the definition be broadened to include more types
of auctions. For all practical purposes, as far as the Zoning Code is concerned, both types of
operations are selling used cars, which is not a permitted use in the I-P Zone (see the previous
section under "Present Regulations on Auctions and Automobile Auctions" for a discussion on
how auctions are handled at present).
Based on this, the Planning Commission continued the hearing and directed staff to return with
alternative language which would include an expanded definition of auctions.
Staff returned to the Commission with the current language on October 27, 1993. At that
meeting, the Planning Commission received another letter from Ms. Michael outlining three
other issues of concern to her clients (Attaclunent "B"). Rather than bringing this project back
to the Planning Commission by once again continuing the item, the Planning Commission
adopted staff's recommendation, but directed staff to consult with Ms. Michael in an attempt to
resolve the issues brought up in her letter prior to consideration of the matter by the Council.
The three issues brought up in the 10/27/93 letter deal with:
1. Paving requirements (Section 19.58.055 of the draft ordinance);
2. The requirement for an acoustical study if outdoor loudspeakers will be used for
auctioning (Section 19.58.055); and
3. Parking requirements (Section 19.62.050 of the draft ordinance).
With regard to the paving requirements, the proposed Code amendment would require that "all
areas shall be properly paved, striped, and improved to City standards, and screened to the
satisfaction of the City Engineer and the Director of Planning." Ms. Michael expressed a
concern that this requirement would result in excessive costs associated with paving both vehicle
storage areas and parking areas. Staff's response is that the Code requirement for paving applies
to all uses and that auctions are not being singled out. It should be further noted that the City's
paving standard (see Attaclunent "C") does provide flexibility for paving treatments other than
asphalt for temporary uses. However, in response to the concerns raised by Ms. Michael, staff
J/~i
..--...---..-
Page 5, Item /J
Meeting Date 1/11/94
proposes to evaluate the paving requirement for Energy Way through the mechanism of the
precise plan modifying district (for further discussion on the paving issue, please see the section
of this report titled "Separation of Paving Issue").
In response to Ms. Michael's second concern regarding the requirement for a noise study if loud
speakers are used at an auction, based on further explanation by staff that this provision
implements the existing noise standards in the Municipal Code, Ms. Michael withdrew her
objections to this item at the hearing.
In response to Ms. Michael's third concern, the proposed parking ratio has been revised to allow
more latitude for the applicant and the approving authority to agree on an appropriate parking
ratio during review of a particular project.
ANALYSIS:
Application Under I-P Zoning
It should be noted that this text amendment would apply City-wide and not just in a
redevelopment area. A property owner could apply for a conditional use pennit for auctioning
if the text amendment is approved regardless of where the property is located in the City of
Chula Vista as long as it is zoned I-P. Attachment "D" consists of a map showing the property
in Chula Vista with I-P zoning. As can be seen, it is largely limited to the Otay Valley Road
Redevelopment Area. There is also some in the Bayfront area, but his will be changed to
another zone as part of the revision of the Bayfront Plan.
Generally, when a proposed project is located in a Redevelopment Area, the CUP would be
processed in the fonn of a "Special Land Use Pennit" (special use pennit) through the Project
Area Committee and Redevelopment Agency, not the Planning Commission, and, if appealed,
City Council. This depends on the procedural provisions of the applicable redevelopment area
plan. In the case of Energy Way uses, including A to Z Metro Towing, the provisions of the
Otay Valley Road Redevelopment Area are applicable. These provisions require processing a
special use pennit through the Otay Valley Road Project Area Committee/Redevelopment
Agency, instead of through the Planning Commission/City Council.
The Siroonian Agreement refers to I~P zoning, General Industrial with the Precise Plan
modifying district applied. Therefore, the provisions of Chapter 19.46 "I - General Industrial"
Zone are applicable, and the provisions of Chapter 19.56 "Modifying Districts" also apply. The
purpose of the P - Precise Plan Modifying District, as stated in Section 19.56.040 is:
"to allow diversification in the spatial relationship of land uses, density, buildings,
structures, landscaping and open spaces, as well as design review of architecture and
signs through the adoption of specific conditions of approval for development of property
J) -,5'"
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Page 6, Item /J
Meeting Date 1/11/94
in the city. Within the boundaries of the P district, the location, height, size and
setbacks of buildings or structures, open spaces, signs and densities indicated on the
precise plan shall take precedence over the otherwise applicable regulations of the
underlying zone".
The "P" modifier provides the flexibility to customize a proposed development to its site. This
is desirable, especially given the potential traffic, parking and aesthetic impacts that could result
from the use. Any application for the subject use, because of the "P" modifier, would be
required to obtain design review approval prior to, and in addition to, the conditional use permit.
SeDaration of Paving Issue
It is staff's opinion that the issue of the paving requirement should be separated from the issue
of auctions as a land use. The paving requirement applies universally to all uses in the City and
not only to auctions, auto dismantIers or other industrial uses located along Energy Way. After
meeting with Ms. Michael and among itself, staff concluded that the issue of paving should be
addressed, but separate from the issue of auctions as a land use. Staff has initiated a precise
plan modification for Energy Way specifically addressing the paving issue. Therefore, any
review of the paving standards should not delay adoption of the proposed text amendment as it
will be addressed separately. As noted above, the wording in the draft ordinance is generic
enough to allow flexibility in the application of the paving standard if it changes.
ResDonse to Ouestions Raised bv Council on December 14. 1993
At its meeting of December 14, 1993, Council raised two questions in relation to this text
amendment. These questions are:
1. Why is a Conditional Use Permit required at all for auctions?
ResDonse: Auctions can vary in scope and impact from being small-scale events with a
few invited guests to bid for selected, specialized and/or high-priced merchandise such
as collectors items, to large scale operations where hundreds of people gather to bid on
a more diverse grouping of items. Because of this disparity, some type of review is
necessary to ensure that potential negative impacts related to such issues as compatibility
with adjacent land uses, parking, access, aesthetics, etc. are adequately addressed. If
auctions were a permitted use, no such in-depth review would take place.
2. Are there other uses that the City may want to allow with a conditional use permit or as
a matter of right that the current Code does not allow in an industrial zone?
ResDonse: At present the Planning Department is working with a City Council-appointed
task force reviewing all conditional uses and will eventually bring to Council information
//-¿,
.~__._H
Page 7, Item II
Meeting Date 1/11/94
on which uses should be permitted by right, which should be approved by the Zoning
Administrator, which should be approved by the Planning Commission and which by the
City Council. The hearing process on this project should begin in approximately four
months. As part of this study, auctions, as well as other industrial uses, will be
evaluated or re-evaluated for their application in other zoning districts vs. their limitation
to the I (General Industrial) Zone.
RCC Recommendation and Staff Support
As noted earlier in this report, the Resource Conservation Commission voted 4-2 to deny
Negative Declaration IS-93-24, based on what they believed to be the negative image presented
by this type of use. In response to this recommendation, staff is recommending approval of the
text amendment for several reasons, as outlined below:
1. Auctions have existed for a number of years along Energy Way with no apparent
negative land use impacts.
2. Staff is satisfied that auctions can cause fewer impacts than other uses in the vicinity
(auto dismantling and wrecking, landfill operations, other heavy industrial uses, etc.),
especially if the proposed Code amendment is adopted.
3. Auctions serve an important and useful function if their operations are properly
controlled.
FISCAL IMPACT: Not applicable.
A TT ACI-M:NTS
NOT SCA/fIED
F:\HOME\PLANNING\MARTIN\AUCTION\9301A.113
)1-7///-8
.._--.. .--.....,-...----....---.--..
ORDINANCE NO. .2f%7
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS
19.04.015 AND 19.58.055 TO, AND AMENDING SECTIONS 19.46.040,
19.58.070 AND 19.62.050 OF, THE MUNICIPAL CODE RELATED TO
ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO APPROVAL OF
A CONDmONAL USE PERMIT BY THE PLANNING COMMISSION
WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the City
agreed to process an amendment to the Chula Vista Municipal Code to consider "'the lien sale
of impounded vehicles' to occur in an I-P designated zone subject to securing a conditional
uselspecialpennit" (ItemII.B, page 6 of the Agreement)(project)(case number PCA-93-01); and,
WHEREAS, on June 9, 1993 at the public hearing for the Project, the Planning
Commission detennined that subject land use is too narrowly defmed, and continued the hearing
to September 22, 1993 to allow staff time to study the feasibility of expanding the defInition to
include other similar types of auctioning, however, the hearing was subsequently rescheduled
to October 27, 1993; and,
WHEREAS, the I~P (General Industrial-Precise Plan) Zone does not specifIcally address
"auctions" as either a permitted or conditional use; and,
WHEREAS, within the industrial park located north of Otay Valley Road, the auction
of vehicles and general equipment has occurred since 1978 with no adverse affects on the
neighborhood or community at large; and,
WHEREAS, good planning principles suggest expanding the limited defInition of the
Siroonian Settlement Agreemept of "the lien sale of impounded vehicles" to include the broader
generic category of all fonns of vehicle and general equipment auctioning; and,
WHEREAS, on October 27, 1993, the Planning Commission voted 6-to-l to approve
Resolution PCA~93~01 recommending that Council enact the proposed text additions and
amendments contained in this Resolution, and directing staff to consult with citizens regarding
paving requirements and parking ratios; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study , IS-93-24,
of potential environmental impact associated with the proposal Project and has concluded that
there would be no signifIcant environmental impacts, and recommends adoption of the Negative
Declaration issued on IS-93-24, and addendum attached thereto; and,
WHEREAS, the City Clerk set the time and place for a hearing on said Project and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city, and its mailing to parties who have shown an interest in subject
project at least ten days prior to the hearing,
. /1-(
I:
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·
Ordinance No.
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That the Project will have no significant environmental impacts,
and the City Council of the City of Chula Vista hereby adopts the Negative Declaration issued
on IS-93-24, and addendum attached thereto.
SECTION II: The City Council hereby finds that the public convenience justifies
the proposed text amendment and that it is in substantial conformance with the General Plan of
the City of Chula Vista, and that the Planning Commission has duly considered and reported on
same.
SECTION 1lI: .That Section 19.04.015 is hereby added to the Chula Vista
Municipal Code to read as follows:
"Section 19.04.015 Auction
" Auction" means the auctioning and sale of merchandise and equipment to the
highest bidder, but excluding auction rooms and livestock auctioning. "
SECTION IV: That Section 19.46.040 of the Chula Vista Municipal Code is
amended to read as follows:
"19.46.040 Conditional uses.
Conditional uses in an 1 district include:
A. Motels;
B. Restaurants;
C. Service stations¡ subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers' outlets which require extensive
floor areas for the storage and display of merchandise, and the high-volume,
warehouse-type sale of goods and, retail uses which are related to, and supportive
of existing, on~site retail distribution centers or manufacturers' outlets.
Conditional use permit applications for the establishment of retail commercial
P:IHOMEIPLANNINGlMARTINlAUCTION\930ICC.ORD
J);/¿;
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Ordinance No.
Page 3
.
uses, covered by the provisions of this subsection, shall be considered by the city
council subsequent to its receipt of recommendations thereon from the planning
commission;
F. The following uses covered by this subsection, shall be considered by the city
council subsequent to its receipt of recommendations thereon from the planning
commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automol?ile salvage and wrecking operations, and industrial metal and
waste rag, glass or paper salvage operations; provided, that all operations
are conducted within a solid screen not less than eight feet high, and that
materials stored are not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general
character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section
19.30.040.
J. Recycling collection centers, subject to the provisions of Section 19.58.340.
K. Hazardous waste facilities, subject to the provisions of Section 19.58.178
L.. Auctions of vehicles. heavy machinery and eq,µipment. subject to the provisions
of Section 19.58.055. and only where the "Po Precise Plan modifier has been
applied to the 1.- General Industrial zone. "
F:\HOMB\PLANNINOIMARTIN\AUCITON\9301CC.ORD
11-1/
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Ordinance No.
Page 4
SECTION V: That Section 19.58.055 is added to the ChuIa Vista Municipal
Code to read as follows:
"19.58.055 Auctions of vehicles, heavy machinery and equipment:
A. Subject use shall only be allowed by the issuance of a conditional use permit by
the Planning Commission in the I-P (General Industrial-Precise Plan) Zone.
B. The applicant shall list specific items proposed to be auctioned. Said items shall
meet the categories "vehicle, heavy machinery and equipment." The conditional
use permit, if issued, shall clearly specify the types of items authorized for
auctioning as determined by the issuing authority (the Planning Commission, or
City Council if appealed).
C. Auctions shall be limited to one per week with a minimum of one week between
auctions.
D. Auctions shall only be held between the hours of 8:00 a.m. and 5:00 p.m.
E. All areas shall be properly paved, striped and improved to City standards, and
screened to the satisfaction of the City Engineer and the Director of Planning.
F. Outdoor loudspeakers shall be prohibited unless a noise study conducted by a
certified acoustician determines that the proposal can meet the City's noise
standards.
.
G. The on-site repair or dismantling of automobiles or equipment by purchasers is
prohibited. "
SECTION VI: That Section 19.58.070 of the Chula Vista Municipal Code is
amended to read as follows:
"19.58.070 Automobile sales facilities.
Automobile sales facilities, new and used, shall provide customer off-street
parking equal to one-tenth of the car storage capacity of the facility, with ingress and
egress designed to minimize traffic congestion, and shall provide a six-foot high masonry
wall separating the entire area from abutting residential property. exce,pt as provided
under Section 19.58.055 for auctions. Said wall may be replaced with a fence subject
to department approval. "
P,IHOMBIPlANNINOIMARTINlAUCttON\9301CC.ORD
.
/ /~).2
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·
Ordinance No.
Page 5
SECTION VII: That Section 19.62.050 of the Chula Vista Municipal Code is
amended to read as follows:
"19.62.050 Number of spaces required for designated uses.
NOTE: In the case of any bUildi'J: structure or premises, the use of which is
not specifically mentioned herein, in the oj)inion of the anprovin~ authorit' is
not similar to any use found herein. the I\P,Provin!!: authorit' may an.pb' a ratio
based on a similar existin!!: use not found herein. the I'fEYI:ÍSîeRS far ß liiJe vAiiek
is HleRtÏefteå anà te vAiiek said ase ~ similar, in the epinieø af the eÐæR1Ìssiea,
shell ßPI'IJ. In computing parking requirements, a resultant fractional space of
one-half shall q>unt as a full space.
The number of off-street parking spaces required shall be as set forth in the
following:
Businesses or use and number of spaces required
1. Atitemebile er Hlaehinery SIIles &RtI serviee glffilges (See SootieR 19.58.970):
1 fer eaeIi 400 SE :. ft. ef fleer _;
1.. Auctions (See Sections 19.04.15 and 19.58.055):
At the time of ~pIication for a conditional use permit. I\P,Plicant shall
submit narkin~ information iustifying the amount of parkin~ proposed to
be provided and the parkin!!: ratio. The information must consist of data
uoon which the awroving authorit' can reasonably b~~ a determination
of adequacy. such as expected patronage or a comparison with the
patronage of similar uses. Said parking ratio shall ran~e from 1 ~ace for
each 50 sauare feet of net usable lot area to 1 space for each 4.000 square
feet of net usable lot area:
NOTE: For purooses of this sub section. "net usable lot area" means the area of
the Darcel exclusive of setbacks. slqpes. easements. required right-of-way
dedication or other constraints which would nreclude use of the land. If
comnlaints are filed with the Cit' re~ardin~ impacts related to off-site parkin!!:.
the Droiect shall be modified to add additional narkin!!: for enu>IQyees and
customers. and/or by reducin~ the auction and/or storaf¡!e area. suQject to the
review and aooroval of the Director of Plannin!!: and Cit' En!!:ineer. Failure to
resolve such off-site public parking problems by the owner of the prqperty
constitutes ~rounds for revocation of the conditional use permit.
F:\HOMB\FLANNINOIMARTlN\AUCTION\9301CC.ORD
//-/3
--0 _. ___ "...___ .___ _ ....__._ __ ."_."_...m -......-------------.
Ordinance No.
Page 6
.
2.. Automobile salp.s facilities. new or used. (See Section 19_58.070):
1 for each 400 so. ft. of ~ross floor area. or 1/10 of the maximum car
storage ~city. whichever is greater:
3.. Automobile reoair and service I!arages:
1 for each 400 SQ.. ft. of floor area:
~. Banks and savings and loans:
1 for each 200 sq. ft. of floor area; minimum of 5;
3~. Bowling alleys:
5 for each alley;
4Q. Business and professional offices:
1 for each 300 sq. ft. of gross floor area; minimum of 4;
~1. Car wash (coin:<>perated) self-service, or attendant-operated:
3 for each stall, plus 1 for each employee;
6.8. Children's homes:
1 for each 4 beds plus 1 for each employee;
+2. Churches and private schools:
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats;
whichever is greater;
B1Q. Dance halls and assembly halls without fixed seats, exhibition halls, except
church assembly rooms in conjunction with auditorium, nonprofit clubs and
lodges:
1 for each 50 sq. ft. of floor area used for assembly or dancing;
911. Dwellings, single-family, duplex:
2 for each family or dwelling unit, both spaces shall be in a garage with
a minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of
garages.);
-1G12. Dwellings, towIÌhouses:
2 for each dwelling unit; both spaces shall be in a garage or carport, a
minimum area of 400 sq. ft.;
P,IHOMI!\PLANNlNO\MARTINlAUCTION\9301CC.ORD
11- Jj
-_._-_.._"_.~-----_._-----_.._-- --- -------
Ordinance No.
Page 7
Hl3.. Dwellings, multiple:
1-112 per unit for each studio or I-bedroom apartment;
2 per unit for each 2-bedroom apartment;
2 per unit for each 3-bedroom or larger apartment; *
For every 10 parking spaces required, 1 of this total may be a "compact"
space;
NOTE: No parking space shall be located within twenty feet of any curb return
of intersection streets; or eight feet of any side property line, unless approved by
the city traffic engineer.
~14. Funeral homes, mortuaries:
1 for each 4 seats of the aggregate number of seats provided in all
assembly rooms of the mortuary;
-1315.. Furniture and appliance stores; household equipment or furniture repair shop:
1 for each 600 sq. ft. of floor area;
-l4.lQ. Hospitals:
1-112 for each bed;
H17. Nursing homes and convalescent hospitals and homes for aged:
1 for each three beds;
!é18.. Houseboats: .
See dwellings, subsection 9 above;
H.12. Hotels, motels, motor hotels:
1 space for each living or sleeping unit, plus 1 space for every 25 rooms
or portion thereof to be provided on the same lot as use;
2Q. Machinery sales and service e:ara~es:
1 for each 400 SQ. ft. of floor area:
-l82.l. Manufacturing plants, research or testing laboratories, bottling plants:
1 for each 1-112 persons employed at anyone time in the normal
operation of the plant or 1 for each 800 sq. ft., whichever is greater;
1922. Medical and dental clinics or offices:
1 for each 200 sq. ft. of gross floor area; minimum of 5;
F:\HOMEIPLANNINGIMAl!.TlNlAUCI'ION\930ICC.ORD
.
//~/J
".._._._~- - --~---~----_..~--_._-_.-
·
Ordinance No.
Page 8
~23.. Mobilehome parks:
2 spaces on each pad, 1/3 guest space per mobilehome located within 400
feet of the farthest unit, and at the community center-l space for each 5
pads up to 50 pads and 1 space for each 10 pads thereafter;
~2.4.. Restaurants, bars and night clubs:
1 for each 2-112 permanent seats, excluding any dance floor or assembly
area without fixed seats which shall be calculated separately as one space
per 50 sq. ft. of floor area;
~~. Restaurants - Drve-in, take-out, snack stands:
15 spaces (minimum);
2!322. Retail stores, shops, etc., except as provided for furniture stores, in 13 above:
1 for each 200 sq. ft. of floor space;
~21. Rooming and lodging houses:
1 for each bedroom;
~~. Schools:
Elementary - 1 per teacher or employee, plus 5 spaces,
Jr. High - 1 per teacher or employee, plus 5 spaces,
High - 1 per 4 students;
~22. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms:
1 for each 3-1/2 seats of maximum seating capacity;
~3Q. Wholesale establishments, warehouses, service and maintenance centers,
communication equipment buildings:
1 for each 1-112 persons employed at one time in the normal operation of
the esta1:ilishment, or 1 for each 1,000 sq. ft., whichever is greater."
IThe followine: wordin~ has been moved to the ooenine: of 19.62.050 and amended as
shown:
°IR e6mpliMg parlå:ftg l'eEltiifelReft~, a FesllkaRt ffaetieRal spaee ef eRe half shaH
eetiftt ItS a fuR spaee.
F:\HOMBIPLANNlNOIMAl!.TIN\AUCl1ON\9301CC.ORD
II-I?
---~..- ..-..---- _.~.._--_..----_._-_..._-_._-~"-~.,..._...._.".,...~_._.------
Ordinance No.
Page 9 .
NOTE: In tile eø:se Bf &BY Buildiftg, stf¡¡emre 6f premises, !be use Bf Ylhie!!. is
Bet speeifiea1ly æefttieøed heæÚi, the pfWAsieRS fer a use \\~h. is meøt:Îsøeå Ø:fld
te -;Alie!!. saitI use is sillÙllH", iR the BpiRieR Bf the e6æRHssieR, sRaiI apply. "]
SECTION vm: This Ordinance shall take effect and be in full force and effect
on the thirtieth day from and after its adoption.
Presented by
JJ
Robert A. Leiter Bruce M. Boogaard
Director of Planning . City Attorney
.
P:IHOMBIPLANNlNOIMARTIN\AUCI10N\930ICC.ORD
//-/? ///-18
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PETERSON S PRICE
F'AU L. A. PETERSON A PROFESSIONAL CORPORATION TElEPHONE
GREGORY C. M. GARRATT LAWYERS AREA CODE 619
EDWARD F. WHJTTLER 234-0361
LYNNE L. HEIDEL 530 B STRE ET. SUITE 2300
REBECCA MICHAEL SAN DIEGO. CALIFORNIA 92101,4454 -
MARSHAL A. SCARR FAX
MATTHEW A. PETERSON (619) 234'4786
LARRY N. MURNANE
FILE No.
January 10, 1994 3634.02
Mayor Nader and Members of the City Council
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Re: PCA-93-0l - Auctions Subject to CUP in I-P Zone
City Council Agenda of January II, 1994
Agenda Item No. 11
Dear Mayor Nader and Members of the City Council:
We represent Jim and June McCormack with respect to their
property in the Energy Way redevelopment area. We have reviewed
the Council Agenda Statement prepared by the Planning Department
for the referenced matter and do not have any objections to the
staff recommendation. Because the proposed Ordinance language is
generic and allows flexibility with regard to the paving issue, we
agree with staff that the text amendment language should not be
delayed over the paving issue.
If the text amendment language is approved, however, we
request that the record indicate that the McCormacks will be
allowed to defer paving on their property until this issue has been
resolved.
Thank you for consideration of our request.
Rebecca Michael
cc: Jim and June McCormack
Martin Miller g!3 'R
Bob Leiter -c-< ::0
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AGENDA
Resource Conservation Commission
Chula Vista, California
6:00 p.m. Conference Room 1
,Monday, May 10, 1993 Public Services Building
276 Fourth Ave. Chula Vista
CALL MEETING TO ORDER/ROLL CALL
APPROVAL OF MINUTES - April 12, 1993
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to Commission
on any subject matter within the Commission's jurisdiction but
not an item on today's agenda.
NEW BUSINESS
1. 707 1st Avenue - Fernando Neptune House
.
2. Review of Negative Declaration IS-93-13 - Street
Improvements and Reconstruction Broadway between "I" and
"L" Streets
(3. Review of Negative Declaration IS-93-24 - Zoning Text'
Change for Automobile Auctions in the IP Zone ~
4. Review of Negative Declaration IS-93-31 - Floor Area
Ratio (FAR) Amendment
5. Review of Planning Commission Agenda for May 12, 1993
STAFF REPORT
CHAIRMAN'S COMMENTS
COMMISSIONER'S COMMENTS
ADJOURNMENT AT p.m. to the Regular Meeting of May 24,
1993 at Conference Room 1 .
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The city of Chula vista, in complying with the American
with Disabilities Act, request individuals who require
special accommodation to access, attend and/or
participate in a City meeting, activity or service
request such accommodation at least forty-eight hours in
advance for meetings and five days for scheduled services
and activities. Please contact Nancy Ripley for
information or your reque.st at (619) 691-5101.
California Relay Service is available for the hearing
impaired. / /.--- ;2..CJ
-_._.__.._~--_.__..~._~_._._,.__.._------------_._._----
- ......
. ;
MINUTES OF A SCHEDULED REGULAR MEETING
ReSOUl'ce Conservation Commission
Chula Vista, California
6:00 p.m. Public Services Building
Monda,>,. Ma,>, 10. 1993 Conference Room 1
CALL MEETING TO ORDER/ROLL CALL: Meeting was called toorder a,t 6:00 p. m. by Cha.irma.n
Kra.cha,. Associa,te Pla,nner Barbara Reid ca,lled roll. Members Present: Commissioners Hall, Kra.cha,
Ghougassian, Burrascano (Commissioners McNa,ir a,nd Myers a,rrived late, both with notice). Members
Absent: Commissioner Johnson (excused). .
APPROVAL OF MINUTES: MSUC (Hall/Ghouga,ssian) (4-0) to approve the minutes of the April
12, 1993 meeting, corrected on page 2 to delete indication tha,t member Burrascano is a student at
SDSU.
NEW BUSINESS:
1. 707 First Avenue - Ferna,ndo Neptune House
Associate Planner Barbara Reid reviewed the request by property owners Timothy a.nd Norma
Natalia to ha,ve their house, loca,ted at 707 First Avenue, designated as a "Recognition Site" in
the Historical Register. Chair Kracha stated tha,t without having the criteria, for the
establishment of an historica,l site, he could not see taking action on this request, a.nd asked tha,t
staff bring the item back after providing members with the relevant criteria. Commissioner Hall
a,dded that she had concerns regarding the chimney and porch additions and their impact upon
the character of the house; Kracha concurred, adding that he was also concerned about the
siding. Senior Planner Patrick Crowley provided background on the criteria used by various
juridictions to evaluate historic sites. Commissioner Ghougassian a,sked wha,t benefits the owner
would obtain by an historic register listing; Mr. Crowley stated tha,t benefits vary by jurisdiction,
a.nd that to date, any benefits in Chula Vista would simply be psychic in nature.
-Commissioner Myers arrived at 6: 10 p.m.-
Commissioners concurred that they had insufficient information with which to evaluate the
proposal, and directed staff to forward relevant information to members for the next meeting.
MSUC (Hall/Ghougassian) (5-0) to continue this item to the next meeting.
2. Review of Neeative Declaration IS-93-24 - Street improvements and reconstruction. Broadwa,y
between "I" and "L" Streets
Associate Planner Reid reviewed the project description a.nd Negative Declaration IS-93-13 for
proposed right-of-way improvements on Broadway, from "I" Street to "L" Street.
-Commissioner McNair arrived at 6:25 p.m.-
) / -;2. /
.._-------_._.~..._--,-----_.,_._~- ~._~
,
"
. -
RESOURCE CONSERV A nON COMMISSION -2- MA Y 10. 1993
Commissioners questioned the undergrounding of utilities as well as the replanting of trees and
other landscaping. Àdditionalconcerns noted included access to adjacent businesses during
construction, and the inclusion of handicapped access ramps.
MSUC (Ghougassian/Myers) (6-0) to accept Negative Declaration 18-93-13, with the
recommendation that staff include the following issues: handicapped access, access to adjacent
businesses, replacement of landscaping, and undergrounding of utiJities.
3. Review of Negative Declaration 18-93-24 - Zoninl! Text Amendment for Automobile Auctions
in the IP zone
Associate Planner Reid reviewed the proposed zoning text changes to allow automobile auctions
as a conditional use in the IP zone and related 18-93-24. She noted that each application would
be considered through the conditional use permit process on an individual basis. Commissioners
expressed concerns about the conditional use permit process in general, stating that they are
seldom monitored after issuance; there was also concurrance that CUPs should generally be
limited in time to allow for periodic performance review.
Commissioner Hall stated that this type of use should not be permitted near residential areas;
discussion ensued on potential areas (zoned IP) in which this use might be permitted. Ms. Reid
provided a copy of the General Plan for members to review, but stated that she did not have a
zoning map available which would locate the precise areas zoned IP. Chair Kracha stated that
the text amendment should include a requirement that subject CUPs be automatically reviewed
after one year; Hall expressed strong concerns regarding the negative effects of this type of
business on the areas in which they are located. Commissioner McNair agreed with this, and
also voiced concerns regarding the image presented by car auctions; she stated that she saw no
positive reason to attract this type of business.
MSC (Hall/Myers) (4-2, Ghougassian, Hall" McNair, Myers in favor; Burrascano, Kracha
against) to deny Negative Declaration 18-93-24, based on the negative image presented by this
use.
4. Review of Nel!ative Declaration 18-93-31 - Floor Area Ration (FAR) Amendment
Associate Planner Reid reviewed the proposed zoning text amendment related to changes in City
floor area ratio requirements for single family homes.
Commissioners generally expressed mixed feeJings; Kracha, McNair, and Ghougassian discussed
the benefits to homeowners in being able to expand existing homes rather than having to
purchase new homes when more living space is needed or desired. However, the potential for
a more dense neighborhood character was of concern. Member Hall felt that the proposed FAR
increase would promote a cramped feeling within residential neighborhoods, stating that there
is a need to preserve open spaces. 8he agreed, however, with the exemption for patio covers.
;/--.22
"----
----..-..------ ---- ._~---_.._. .------.---
. .
. \
\
RESOURCE CONSERVATION COMMISSION -3- MAY 10. 1993
-Commissioner McNair left the meeting at 7:30 p.m.-
MSF (Ghougassian/Burrascano) (3-2, Burrascano, Kracha, Ghougassian in favor; Hall, Myers
against) to accept Negative Declaration IS-93-31.
Motion (Hall) to maintain current 45 % FAR requirement, but approve exemption of patios and
porches; motion died for lack of a second.
5. Review of Planning: Commission Agenda for May 12. 1993
Ms. Reid reviewed the Planning Commission May 12 agenda for commission members. She
also noted that Environmental Review Coordinator Doug Reid had advised that the RCC special
meeting of May 19 had been cancelled.
COMMISSIONER'S COMMENTS: Commissioner Ghougassian advised that he would not be able
to attend the scheduled May 24 meeting.
ADJOURNMENT: MSUC (Myers/Hall) (5-0) to adjourn the meeting at 7:50 p.m.
ain~~~
//-23
.__.'--_..,.,--,-.-. .'.--.. ~._._,-_...._.__....----
COUNCIL AGENDA STATEMENT
Item J;¿
Meeting Date 1/11/94
ITEM TITLE: Resolution I7.J¿,C A' ·th th CalÏì .
pprovmg an agreement WI e I ornla
Department of Transportation for interchange traffic signals improvement
at Interstate Route 805 and Otay Valley Road and authorize the Mayor
to execute said agreement
SUBMITTED BY: Di_, of "'b1i, w~ r,/
REVIEWED BY: City Manager -Y:t ~ ----"" (4/5ths Vote: Yes_No X )
The California Department of Transportation (CaITrans) has completed a project report for the
subject interchange traffic signals improvement. CaITrans is now prepared to enter into a
cooperative agreement with the City to encumber funds to design and construct the proposed
project. The construction of the project is scheduled to commence in July 1994. The project
report is the backbone for the cooperative agreement in determining work to be done, design
specifications, and construction and associated project costs.
RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to
execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On August 24, 1993, City Council approved Resolution 17227 expressing intention and
willingness to share equally the cost for the Otay Valley Road and I-80S interchange signals
improvement. CaITrans has identified the interchange signalization is as a safety improvement
project and has agreed to share its cost. The project estimated total cost is $669,000 of which,
the City share is half of that or $334,500. Elements of the proposed project are (1) traffic
signals at both northbound and southbound I-80S ramps, (2) widening of the northbound and
southbound off ramps, (3) widening of Otay Valley Road at the interchange by 3 feet on each
side of the roadway, and (4) new curb, gutter, and sidewalk on the south side of Otay Valley
Road within CaITrans right-of-way.
According to CalTrans, construction of the I-80S and Otay Valley Road ramp intersection
signals are scheduled to commence around July, 1994.
At a previous Council meeting, the Council asked whether the County was contributing toward
the cost of constructing the interchange traffic signal as a result of new traffic generated by the
proposed landfill project. The fund sources for the interchange traffic signal noted above do
not include any contribution from the County. We have researched our files on this particular
project and have determined that, from the very beginning of the project, it has been considered
to be fully funded by the City or the costs were to be shared with Caltrans.
/:< - J
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Page 2, Item ) d...
Meeting Date 1/11/94
FISCAL IMPACT: The City's share of $334,500 is derived from the following fund
accounts : a) Otay Valley Road Assessment District 90-2 ($100,000), b) Traffic Signal Fees
($145,200), and c) Redevelopment Agency Fund ($89,300). Funds are available in Project No.
TF220 (Traffic Signal Improvements -I-80S and Otay Valley Road). Under this agreement the
total City share of the project is estimated to be $334,500 and is not to exceed $367,000 plus
City staff time.
File No.: BR-{)43
WPC F:\homc\enginccr\agenda\intcrchn.ovr
Attachments: CaITrans letter NOT SCANNED
/:{-:2-
~-_._....__.._-+---- .._.._--_.--_--.._-------,~--, --
RESOLUTION NO. J7JIRt)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
INTERCHANGE TRAFFIC SIGNALS IMPROVEMENT AT
INTERSTATE ROUTE 805 AND OTAY VALLEY ROAD AND
AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the California Department of Transportation
(CalTrans) has completed a project report for Interstate Route 805
and Otay Valley Road interchange traffic signals improvement; and
WHEREAS, CalTrans is now prepared to enter into a
cooperative agreement with the City to encumber funds to design and
construct the propos~d project which is scheduled to commence in
July 1994; and
WHEREAS, the project report is the backbone for the
cooperative agreement in determining work to be done, design
specifications, and construction and associated project costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an agreement with the
California Department of Transportation for interchange traffic
signals improvement at Interstate Route 805 and Otay Valley Road,
a copy of which is on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the cit f Chul vista.
Presented by V01 '})
John P. Lippitt, Director of , c~ty
Public Works
C:\n\1473
J;¿~3 //j-5
. ~.~._~----~.--'-.----.-."- --" ....~,-
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HDUSING AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406 ~
(619) 688-6424 TDD Number
(619) 688-3396
September 27, 1993
co <{ u.J
__ "::S2
.. "'-"u- 11-SD-805
o C> :>u-
W a ._.0 3.5/3.9
> co ~~ 11359-156560
W N 5"" Agreement NO. 11-0489
Co) P., u..'.:j Otay Valley Road
W ." 0'-'
>->-
a:: '"" I-- !::
Ms. B~er~~uthelet
City Clerk
P.O. Box 1087
Chula vista, CA 91912
Dear Ms. Authelet:
Enclosed are three (3) originals and one (1) copy of
proposed Cooperative Agreement No. 11-0489, with the City of
Chula vista for traffic signals, safety lighting and widening on
Route 805 at otay Valley Road.
If the agreement is acceptable as written, please arrange
for it to be executed. Return the three (3) signed original
agreements with certified copies of the resolution, authorizing
the agreement and signature, attached to each. In order to keep
this project on schedule, we would appreciate having these
documents executed and returned to us before November 5, 1993.
Upon execution by the State, we will return one (1)
original, and as many conformed copies as you request.
If you have any questions, please contact Lawrence R. carr,
Project Manager, at (619) 688-6887, or Edmund R. Kennedy,
Cooperative Agreements Coordinator, at (619) 688-6792.
sincerely,
¿:k£éa~
PAMELA R. KLOS
Project Manager
Project Services
Enclosure
/:2 ~þ
...~----._---_._---,--,_..._.._---~-----
11-SD-805
3.5/3.9
11359-156560
Agreement No. 11-0489
Otay Valley Road
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE," and
CITY OF Chula Vista, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CITY."
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code Sections
114 and 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within CITY.
2. STATE and CITY contemplate installing a traffic control
signal(s) and safety lighting and performing roadwork on Route
805 at Otay Valley Road, referred to herein as "PROJECT", and
desire to specify the terms and conditions under which PROJECT
is to be engineered, constructed, financed, and maintained.
SECTION I
STATE AGREES:
1. To provide all necessary preliminary engineering, including
plans and specifications and utility identification and
location, and all necessary construction engineering services
for PROJECT and to bear STATE's share of the expense thereof,
as shown on Exhibit A attached and made a part of this
Agreement.
2. To construct PROJECT by contract in accordance with the plans
and specifications of STATE.
);2 -?
- --.-- --..- '"-.~-_..-'------~--.---.------..------...---.---
11-0489
3. To pay an amount equal to 50% of the actual PROJECT
construction cost, estimated to be $505,000, but in no event
shall STATE's total obligation for PROJECT construction costs
under this Agreement, excluding costs referred to in Section
III, Article (9), exceed the amount of $278,000; provided that
STATE may, at its sole discretion, in writing, authorize a
greater amount.
4. Upon completion of PROJECT and all work incidental thereto, to
furnish CITY with a detailed statement of the portion of the
engineering and construction costs to be borne by CITY,
including resolution of any construction related claims which
have been allowed to the construction contractor. STATE
thereafter shall refund to CITY promptly after completion of
STATE's audit any amount of CITY's deposit required in Section
II, Article (1) remaining after actual costs to be borne by
CITY have been deducted, or to bill CITY for any additional
amount required to complete CITY's financial obligations
pursuant to this Agreement.
5. To maintain the entire traffic control signal(s) and safety
lighting as installed and pay an amount equal to 50% of the
total maintenance costs, and electrical energy costs.
6. To operate the traffic control signal(s) as installed and pay
one hundred percent (100%) of the operation cost.
. SECTION II
CITY AGREES:
1. To deposit with STATE within 25 days of receipt of billing
therefor (which billing will be forwarded 15 days prior to
STATE's bid advertising date of a construction contract for
PROJECT), the amount of $333,500, which figure represents
CITY's estimated share of the expense of preliminary
engineering, construction engineering, and construction costs
required to complete PROJECT, as shown on Exhibit A. CITY's
total obligation for said anticipated project costs, exclusive
of claims and excluding costs referred to in Section III,
Article (9), under this Agreement shall not exceed the amount
of $367,000; provided that CITY may, at its sole discretion,
in writing, authorize a greater amount.
2. CITY's share of the construction cost (estimated to be
$252,500), shall be an amount equal to 50% of the total actual
construction cost, including the cost of construction-related
claims, the cost of STATE defense of any of those claims and
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the cost of STATE-furnished material, if any, as determined
after completion of work and upon final accounting of costs.
3. CITY's share of the expense of preliminary engineering shall
be an amount equal to 50% of STATE's actual costs for
preliminary engineering for the entire PROJECT.
4. CITY's share of the expense of construction engineering shall
be an amount equal to 50% of STATE's actual costs of
construction engineering for the entire PROJECT.
5. To pay STATE upon completion of all work and within twenty
(20) days of receipt of a detailed statement made upon final
accounting of costs therefor, any amount over and above the
aforesaid advance deposit required to complete CITY's
financial obligation pursuant to this Agreement.
6. To reimburse STATE for CITY's proportionate share of the cost
of maintenance and electrical energy of said traffic control
signal(s) and safety lighting, such share to be an amount
equal to 50% of the total maintenance costs, and electrical
energy costs.
SECTION III
IT IS MUTUALLY AGREED:
1- All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature
and the allocation of resources by the California
Transportation Commission.
2. STATE shall not award a contract to construct PROJECT until
after receipt of CITY's deposit required in Section II,
Article (1) of this Agreement.
3. Should any portion of PROJECT be financed with Federal funds
or State gas tax funds, all applicable laws, regulations and
policies relating to the use of such funds shall apply,
notwithstanding other provisions of this Agreement.
4. After opening of bids for construction of PROJECT, CITY's
estimate of cost will be revised based on actual bid prices.
CITY's required deposit under section II, Article (1) above
will be increased or decreased to match said revised estimate.
If deposit increase or decrease is less than $1,000, no refund
or demand for additional deposit will be made until final
accounting.
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11-0489
5. After opening bids for construction of PROJECT, and if bids
indicate a cost overrun of no more than 10% of the estimate
will occur, STATE may award the contract.
6. If, upon opening of bids, it is found that a costs overrun
exceeding 10% of the estimate will occur, STATE and CITY shall
endeavor to agree upon an alternative course of action. If,
after fifteen (15) days, an alternative course of action is
not agreed upon, this Agreement shall be deemed to be
terminated by mutual consent pursuant to Article (8) of this
Section III.
7. Prior to award of the construction contract for PROJECT, CITY
may terminate this Agreement by written notice, provided CITY
pays STATE for all PROJECT related costs incurred by STATE
prior to termination.
8. If termination of this Agreement is by mutual consent, STATE
will bear 50% and CITY and will bear 50% of all PROJECT
related costs incurred by STATE prior to termination.
9. If existing pUblic and/or private utility facilities conflict
with PROJECT construction or violate STATE's encroachment
policy, STATE shall make all necessary arrangements with the
owners of such facilities for their protection, relocation or
removal. STATE and utility owner will inspect the protection,
relocation, or removal. If there are costs of such
protection, relocation or removal which STATE and CITY must
legally pay, STATE and CITY shall share in the cost of said
protection, relocation or removal, plus cost of engineering
overhead and inspection, in the amount of 50% STATE and 50%
CITY. If any protection, relocation, or removal of utilities
is required, such work shall be performed in accordance with
STATE's policy and procedure for those facilities located
within the limits of work providing for the improvement to the
State highway and in accordance with CITY policy for those
facilities outside of the limits of work provided for the
improvement to the State highway.
10. Upon completion of all work under this Agreement, ownership
and title to all materials, equipment and appurtenances
installed will automatically be vested in STATE and no further
agreement will be necessary to transfer ownership to STATE.
11. The cost of any engineering or maintenance referred to herein
in this Agreement shall include all direct and indirect costs
(functional and administrative overhead assessment)
attributable to such work, applied in accordance with STATE's
standard accounting procedures.
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11-0489
12. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this Agreement or affect the legal liability of
either party to the Agreement by imposing any standard of care
with respect to the maintenance of state highways different
from the standard of care imposed by law.
13. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
14. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work authority or jurisdiction delegated to STATE under this
Agreement.
15. In the construction of said work, STATE will furnish a
representative to perform the functions of a Resident
Engineer, and CITY may, at no cost to STATE, furnish a
representative, if it so desires, and that said representative
and Resident Engineer will cooperate and consult with each
other, but the decisions of STATE's Resident Engineer shall
prevail.
16. Execution of this Agreement by CITY grants to STATE the right
to enter upon CITY-owned lands to construct PROJECT.
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11-0489
17. Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by STATE,
or on December 31, 1996, whichever is earlier in time;
however, the ownership, operation, liability and maintenance
clauses shall remain in effect until terminated or modified,
in writing, by mutual agreement. Should any
construction-related claim arising out of PROJECT be asserted
against STATE, CITY agrees to extend the termination date of
this Agreement and provide additional funding as required to
cover CITY's proportionate share of costs or execute a
subsequent Agreement to cover those eventualities.
STATE OF CALIFORNIA CITY OF Chula Vista
Department of Transportation
JAMES W. VAN LOBEN SELS By
Director of Trensportation Mayor ~
~ ( I~.,
By Attest:' /.' lit
Deputy District Director Cit Cler
Approved as to form and procedure
Attorney
Department of Transportation
Certified as to funds and procedure
District Accounting Administrator
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EXHIBIT A
COST ESTIMATE
(Otay Valley Road at Route 805)
TYPE OF CONSTRUCTION STATE FUNDS CITY FUNDS TOTAL COST
Signal & Lighting $252,500 $252,500 $505,000
Construction Costs $252,500 $252,500 $505,000
Preliminary Engineering $ 30,500 $ 30,500 $ 61,000
(±14%)
Construction Engineering $ 50,500 $ 50,500 $101,000
(±21%)
Project Cost (Excluding
utility Relocation $333,500 $333,500 $667,000
utility Relocation $ 1,000 $ 1,000 $ 2,000
TOTAL PROJECT COSTS $334,500 $334,500 $669,000
City's Maximum Cost of PROJECT
$333,500 + ($333,500 x 10%) = $367,000
State's Maximum Cost of CONSTRUCTION
$252,500 + ($252,500 x 10%) = $278,000
7
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SWEETWATER UNION HIGH SCHOOL DISTRICT
Division of Planning & Facilities
1130 Fifth Avenue
Chura Vista, California 91911
(619)691-5553 ~jL4..-'
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MEMORANDUM ~ "'_ ,,-'c
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DATE: January 4, 1994 .~;\
TO: Jerry Rindone
Assistant Superintendent of Adult & Continuing Education
FROM: Andrew B. Campbell ~
Assistant Superintendent of Planning & Facilities
RE: "H" STREET SIGN BOARD
Since the development of the Terra Nova Center, "H" Street has become the focal
point for the gateway to Chula Vista both west and east of Interstate 805. Several
times in the past, I have brought up to representatives of the City that a
welcome/activity sign board could be a very beneficial instrument for the City and
our school district. Since we have a choice of ground on the southwest side of the
freeway where a sign board could be constructed and would be visible from "H"
Street and Interstate 805 in both directions, I feel that this would be an issue worth
pursuing.
ABC:mr
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