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HomeMy WebLinkAboutAgenda Packet 1994/01/18 "I declare under penalty of perjury that ~ am em;:;¡o_,,'ej by the City of ChuJa Vista in the 01Ùce 01 :e '¡~>J Clf:r!, ¿:¡nj that I posted this i\~:e:1 ~l/¡1¡tl'\j:e ondle BuHetin Board at Tuesday January 18 1994 the ¡:'u')i:c zerv:J.es Bu'ldinz and at ity all on Council Chambers 6:00 p,,,,;, . DATED, j :> C¡YSIGNED ~ublic Services Building Re ular Meetin of the Ci of Chula Vista Ci CALL TO ORDER 1. ROIL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor Nader - 2, PLEDGE OF AlLEGIANCE TO THE FIAG. SILENT PRAYER 3, APPROVAL OF MINlITES: November 29. 1993 (Special Meeting of the City Council) and January 11, 1994 (City Council Meeting) 4, SPECIAL ORDERS OF THE DAY: a, Oath of Office: Elizabeth Lebron - Economic Development Commission, CONSENT CALENDAR (/tems 5 through 10) The stoff recommendalians regaming the following i"'ms lis"'d under the Consenl Calendar will be enoc"'d by the Council by one motion without discussion unless a Cound/member, a member of the public or City slllff requests that the i"'m be pulled for discussion, If you wish to speak an one of these i"'ms, please fill.oul a "Requeslla Speak Farm" available in dIe lobby and submil il to the City Clerk prior to the meeting, (Comple'" the green form to speak in favor of Ihe stoff recommendalian; comple'" the pink form 10 speak in apposition 10 the sloff'recommendotion,) I"'ms pulled from the Consenl Calendar will be discussed after Board and Commission Recommendations and Action /tems, I"'ms pulled by the public will be the firsl i"'ms of business, 5, WRfITEN COMMUMCATIONS: None submitted, 6, 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 SUBJECf TO APPROVAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION (second readinl! and adoption) - 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 Permit. Staff recommends Council place the ordinance on second reading and adoption, (Director of Planning) 7, RESOLUTION 17361 APPROVING THE DONATION OF EIGIIT SURPLUS OAK CARD CATALOG FILES TO THE SWEETWATER UNION HIGH SCHOOL DISTRICf - The Library has replaced the eight card catalog mes that contained 3" x 5" cards listing all the books available with the automated on-line public access catalog, The files were originally ordered in August 1975 and were custom manufactured for Library use. The mes are presently in Central Stores for disposal. Staff recommends approval of the resolution, (Administration) ". ___...__u___,._ _.._..._~___~__.__~_ ...-...--'. Agenda -2- January 18, 1994 8, RESOLUTION 17362 WANING THE FORMAL BIDDING REQUIREMENT FOR EQUIPMENT AND AWARDING CONTRAcr TO WALT RANKIN AND ASSOCIATES TO PROVIDE PlAYGROUND EQUIPMENT FOR THE HIlLTOP PARK IMPROVEMENT PROJECf - On 10/5/93, Council awarded a contract to Clancy Construction to construct the Hilltop Park Improvement Project. The alternative bid item for playground equipment was rejected because the cost of the playground equipment proposed by the contractor was $40,200 versus the $31,605 proposed by the vendor, Walt Rankin and Associates was selected by a citizen committee to provide the play equipment for the project, Staff recommends Council determine that competitive bidding is impractical and award the contract to Walt Rankin and Associates for the purchase of equipment for Hilltop Park in the amount of $31,605, (Director of Parks and Recreation) 9, RESOLUTION 17363 ADOPTING MITIGATED NEGATIVE DEŒARATION IS-93-39 FOR OTAY VALLEY ROAD SOlITH (CON!õfRUCTION OF OTAYVALLEYROAD PHASE III IMPROVEMENTS AND RECON!õfRUCTION OF THE BRIDGE CROSSING OTAYRIVER) - In compliance with CEQA, an initial study was conducted, The bridge reconstruction and associated roadway improvements are identified as Phase III of the overall roadway improvements, Since no significant unmitigable impacts were identified, a Negative Declaration was prepared, Staff recommends approval of the resolution, (Director of Community Development) 10, RESOLUTION 17364 MAKING DEŒARATION REGARDING SURPLUS IN THE IMPROVEMENT FUND FOREASTLAKE ASSESSMENT DISfRICf 88-1 (OTAYLAKES ROAD, PHASE I) -The City has conducted proceedings and completed construction of Assessment District 88-1 improvements pursuant to the terms and provisions of the Municipal Improvement Act of 1913, Now that all improvements and payments of all claims are completed, the City needs to utilize the remaining surplus in the Improvement Fund in accordance with Section 10427,1 of the Streets and Highways Code, Staff recommends approval of the resolution, (Director of Finance and Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RElATED RESOLUTIONS AND ORDINANCES The following i"'ms hove been advertised and/or posted as public hearings as required by law, If you wish 10 speak 10 any i"'m, please fill oulthe "Request 10 Speak Form" available in the lobby and submil illo the City Clerk prior 10 the meeting, (Complete the green form 10 speak in favor of the sloff recommendation; comple'" the pink fiJm. 10 speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 11. PUBUC HEARING CONSIDERING ORDINANCE ESTABUSHING TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACf FEE (DIF) TO PAY FOR SEWER IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDillON OF ISSUANCE OF BUILDING PERMITS FOR CON!õfRUCTION IN THE TELEGRAPH CANYON SEWER BASIN - On 10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee, Based on the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per pumped EDU should be established, Staff recommends Council continue the public hearinl! to the meetinl! of 2/1/94_ (Director of Public Works) Continued from the meeting of 1/4/94. --.-........- ---.---,,---- ..-----.-----..., .._---'-----,-- Agenda -3- January 18, 1994 ORAL COMMUNICATIONS This is an opportunity for the general public 10 address dIe City Council on any subjecl molter within the Council's jurisdiction that is not an item on this agenda, (Slnte law, however, generally prahibits the City Council from Inking action on any issues nol included on the posled agenda,) If you wish 10 nddress the Council on such a subjecl, please complete the yellow "Request to Speak Under Oral Communicaûons Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those whQ wish to speak. please give YOllr name and address for record purposes and follow up action. Your time is limited to three minutes pcr speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider i"'ms which hove been forwamed 10 them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted, ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, Slnjf, or members of the general public, The i"'ms will be considered individually by the Council and slnff recommendations may in certain cases be presented in the alternative. Those who wish 10 speak, please fill oul a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limi"'d 10 five minu"'s, 12, ORDINANCE 2586 ADDING CHAPI'ER 2.35 TO THE MUNICIPAL CODE RElATING TO THE CREATION OF A HOUSING ADVISORY COMMISSION TO SERVE AS A RESOURCE TO ADVISE AND MAKE RECOMMENDATIONS TO THE ŒIULA VISTA HOUSING AUTHORITY, REDEVELOPMENT AGENCY, CITY COUNCIL, AND CITY MANAGER ON HOUSING ISSUES AND OPPORTUNITIES THAT WOULD BENEFIT THE COMMUNITY (first readinl!) - On 3/2/93, Council declared the need for a Chula Vista Housing Authority (CVHA) and declared the City Council to be the Commissioners of the Authority, In order to complete the legal formation process of the CVHA, it is required that a Housing Advisory Commission be established, In addition, a report on the recommended mission and goals of the CVHA is discussed, Staff recommends Council place the ordinance on fIrst reading and approve the resolution. (Director of Community Development) RESOLUTION 17365 ADOPTING MISSION STATEMENT AND GOALS OF THE ŒIULA VISTA HOUSING AUTHORITY 13, RESOLUTION 17346 APPROVING AN EXTENSION OF THE AGREEMENT WITH REMY & THOMAS FOR LEGAL CONSULTING SERVICES FOR THE OTAY RANœ PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The extension is to review environmental documents for compliance with CEQA; provide guidance of processing environmental support documents to assure compliance with CEQA, Staff recommends approval of the resolution, (Deputy City Manager Krempl) Continued from the meeting of 1/4/94. _u_ __ _____" ...----.-..- -_._-~-----_.__...--.__. Agenda -4- January 18, 1994 14, RESOLUTION 17366 APPROVING FINAL RENEWAL OF THE AGREEMENT WITH LETfIERI- MCINTYRE & ASSOCIATES, PROJECf MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANŒ, AND AUTIlORIZING THE MAYOR TO EXECUl'E THE AGREEMENT - The agreement will extend the time to allow Lettieri-Mcintyre & Associates time to finalize all documents, coordinate Otay Ranch financial matters, assist the City and County in providing input to the City Attorney and County Counsel on the suit filed on the Final Program EIR, and complete work previously done by other consultants, Staff recommends approval of the resolution, (Deputy City Manager Krempl) 15, RESOLUTION 17367 ADOPTING A GRAFFm POUCY ON yourn SPORT FACILITIES AND STRUCTlJRES ON CI1Y PARKIANDS - Graffiti on youth league snack bars and structures located in City parks is a major problem when the responsible groups do not eradicate graffiti in a timely manner. As the graffiti problem increases, the aesthetics of the parks conûnue to deteriorate, Staff recommends approval of the resolution, (Director of Parks and Recreation) 16, REPORT UPDATE ON SOLID WASTE ISSUES - On 12/16/93, the Interim Solid Waste Commission unanimously approved the Third Amendment to the Interim Solid Waste Participation Agreement allowing the cities of Escondido and Oceanside to join the Interim Commission, incorporating the previously relied-upon "bonding opinion" of County Counsel into the Agreement, and clarifying that a surcharge will not be charged on the second fifty percent of a jurisdiction's wastestream, All City Councils were requested to take action on or before 1/21/94, Staff recommends approval of the resolution, noting protest statement consistent with that registered with City's approval of Second Amendment to the Interim Solid Waste Patticipation Agreement on 8/27/93, (Administration) RESOLUTION 17368 APPROVING AN AMENDMENT TO THE SOLID WASI'E INTERIM AGREEMENT IN RELIANCE ON CERTAIN REPRESENTATIONS AND OPINIONS OF THE COUNtY, UNDER PROTEST AND WITH FUlL RESERVATION OF RIGHTS TO SEEK A JUDICIAL DETERMINATION THAT SAID AGREEMENT IS IlLEGAL AND THAT CfIYS CONSENT WAS OBTAINED UNDER DURESS 17, REPORT REVIEW PROCESS FOR COMPLETION OF DRAFT CLEAN WATER PROGRAM MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) AND APPOINTMENT OF MEMBERS TO LOCAL JURISDICTION POUCY COMMITTEE - In conjunction with implementation of the San Diego Clean Water Program, the City of San Diego has been coordinating the preparation of a MSCP to mitigate the environmental impacts of sewerage system expansion within the region, On 8124/93, Council received a status report on the program and approved a "Resolution of Intention" to cooperate in the completion of the plan, Staff recommends Council concur with the establishment of a "local jurisdiction policy committee" to conduct a review of the working draft MSCP, and to appoint one or two representatives to the comminee, (Director of Planning) "..~......_-~..- ._-~~_.~.._-~--_... Agenda -5- January 18, 1994 ITEMS PUlLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior 10 those pulled by Councilmenrbers, Public comments ore limi"'d 10 five minu"'s per individual. OTHER BUSINESS 18, CITY MANAGER'S REPORTCS) a, Scheduling of meetings, 19, MAYOR'S REPORTCS) 20, COUNCIL COMMENTS Councilman Fox a, Strategies for obtaining regional cooperation toward capitalizing on NAFTA opportunities, Continued from the meeting of 1/4/94. ADJOURNMENT 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 (IAFF) , Executive Management, Mid-Management, and Unrepresented, Continued from the meeting of 1/11/94, Pending litigation pursuant to Government Code Section 54956,9 - Chaparral Greens vs, the City of Chula Vista, County of San Diego, and Baldwin, Pending litigation pursuant to Government Code Section 54956,9- Jones vs, the City of Chula Vista, Potential litigation pursuant to Government Code Section 54956,9 - regarding ADA Issues, The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on January 25, 1994 at 6:00 p,m, in the City Council Chambers, A Joint Meeting of the City CounciVRedevelopment Agency will be held immediately following the City Council meeting, _.. ---....-. . -..-.- -~---_..__.__. I t~ ~. 'r.¿/ January 13, 1994 TO: The Honorable Mayor and City Council FROM: Sid W. Morris, Assistant City Managet)Ujt~ SUBJECT: City Council Meeting of January 18, 1994 This will transmit the agenda and related materials for the regular City Council meeting scheduled for Tuesday, January 18, 1994. There are no Wr i tten Communications on this agenda. SWM:mab - _...___n____ "____._ _.~_.._"_.". ..._.+--_._._--_..__._~---_..,._---_..__. A PROCLAMATION IN HONOR OF THE BIRTH OF MARTIN LUTHER KING, JR. WHEREAS, Martin Luther King was one of the great American leaders of our time, or, in his words ''the drum major for justice"; and WHEREAS, thanks to Dr. King millions of Americans have gained basic human rights while millions more have gained freedom from the self-oppression that comes with being bigoted toward others; and WHEREAS, sadly there is much work yet to be done before Dr. King's dream becomes a reality: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby proclaim the week of January 17 through January 24, 1994 as REV. DR. MARTIN LUTHER KING, JR. WEEK in the City of Chula Vista, and urge all citizens to observe the anniversary of Rev, Dr. King's birth by reflecting on his life and death, and on how each of us as citizens can contribute our talents to make his dream of brotherhood and sisterhood a reality for all. 1/ ) _-.u.__"..______ _ _ ___.._.~..___,__"._.__.,...__._____.___ r- INFORMA nON PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: 1/ / /9+ ORDINANCE NO. .2f%j 5)O<:('\\O~ 5)~ AN ORDINANCE OF TIlE CITY OF CHULA VISTA ~&iONS 19.04.015 AND 19.58.055 TO, AND AMENDING SE 19.46.040, 19.58.070 AND 19.62.050 OF, TIlE MUNI~~ RELATED TO ALLOWING AUCTIONS IN TIlE I-P ZONE S . . 0 APPROVAL OF A CONDmONAL USE PERMIT BY TIlE P . G 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 use/special permit" (Item n.B, page 6 of the Agreement)(project)(case numberPCA-93-01); and, WHEREAS, on June 9, 1993 at the public hearing for the Project, the Planning Commission determined that subject land use is too narrowly defined, 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 forms 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 adóption 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, . 6-1 _ __._____.__._~_~____.____..__ ..·.·m·_ · Ordinance No, Page 2 NOW, THEREFORE1, the City Council of the City of Chula Vista does ordain as follows: " i SECTION I: ~at the Project will have no significant environmental impacts, and the City Council of the C ty of Chula Vista hereby adopts the Negative Declaration issued on IS-93-24, and addendum at\ãched thereto. SECTION II: City Council hereby fmds that the public convenience justifies the proposed text amendment an that it is in substantial conformance with the General Plan of the City of Chula Vista, and that e Planning Commission has duly considered and reported on same. \ \ SECTION III: .Tha Section 19.04,015 is hereby added to the Chula Vista Municipal Code to read as follows: "Section 19.04,015 "Auction" means the aU~ning and sale of merchandise and equipment to the highest bidder, but excluding au 'on rooms and livestock auctioning." \ SECTION IV: That secti~ 19.46.040 of the Chula Vista Municipal Code is amended to read as follows: \ "19.46,040 Conditional uses. \ , \ , \ A. Conditional uses in an I district \ude: Motels; \ B. Restaurants; C. Service stations/ subject to the provisions D. The retail sale of such bulky items as furnitu , carpets and other similar items; E. Retail distribution centers and manufacturers' tlets which require extensive floor areas for the storage and display of merch dise, and the high-volume, warehouse-type sale of goods and, retail uses which related to, and supportive of existing, on-site retail distribution centers or manufacturers' outlets, Conditional use permit applications for the establishme t of retail commercial F:\HOMBIPu.NNINOIMARTINlAUCTION\9301CC,ORD ~ &-/0 COUNCIL AGENDA STATEMENT Item / ~ 0'f'1 i Meeting Da 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 permit in the I-P (General Indu~~I-Precise Plan) Zone - City of Chula Vista r/"'\ % S) ~qgRDINANCE .;¿S'g' amending Title 19 of the Municipal Code to add ~\;¡. ~~ Sections 19,04,015 and 19,58,050; and amend Sections 19.46,040, ~~.:O'\ 19,58,070, and 19,62,050 in order to allow auctions subject to approval !:J~~ of a conditional use permit in the I-P (General Industrial-Precise Plan) ~ç; Zone I SUBMITTED BY: Director of Planning)' :~ ~ Ii ! T . REVIEWED BY: City Manager J'i ¡~J :~~!1) (4/5ths Vote: Yes_No_XJ 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 permit", 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 (1- 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 (ERC), 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 permit 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 ~¿. -) __ _ ..·__n____.___~__·_·~______ ? _ 2, Itÿtld yr.jrJ Meeting Date 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 pennit", 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 pennit were needed to bring this use and property into confonnance 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, L 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, " ~ &-,2 "g' 3, It~ ¿, Meeting Date 11/94 '/vt/:;i 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. ~~-? -~._-_.._._.,._.,._---,.,--, - -----..--..------ "-- hg, 4, I"~% Meeting Dat /11/94 ï~'i Although Metro Towing auctions automobiles, as would a potential user of the McConnack 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 pennitted 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 (Attachment "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 Attachment "C ") does provide flexibility for paving treatments other than asphalt for temporary uses, However, in response to the concerns raised by Ms, Michael, staff ~¿-'/ ~. Page 5, Item I Meeting Dat. /11/94:J~ i 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: ADDlication 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 cOllditional use permit for auctioning if the text amendment is approved regarJless 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 form of a "Special Land Use Permit" (special use permit) 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 permit 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 ~b-( . . _.__._....~--- _._---------_._---,,-,._-~-,----- Page 6, Item~ ß~ Meeting Date 11/94 "t;¡ 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 pennie 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 dismantlers 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 Pennit 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 pennitted 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 pennit 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 infonnation ~ tf,-? ~ç Page 7, Item / I. Meeting Date 11/94:10 f 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 SUDDort 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: L 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, F:\HOME\PLANNING\MARTIN\AUCTlON\930lA.113 ~?-7 ".._--------~._..__._-_._-~~- .-..-.-..--- - THIS PAGE BlANK fl-f t ~g/ 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: l. Brewing or disti1ling 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. Automobile 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 1... Auctions of vehicles. heary machinery and equipment. subiect to the provisions of Section 19.58.055. and only where the .p. Precise Plan modifier has been a.pplied to the I.- General Industrial zone.· P:\HOMEIPLANNlNOIMARTIN\AUcrIONl9301CC,ORD ~ ¿.j! ~..~.___._'.' '__·H~··. Ordinance No. Page 4 SECTION V: That Section 19.58.055 is added to the Chula Vista Municipal Code to read as follows: "19.58.055 Auctions of vehicles, heavy machinery and equipment: A. Subject use shal.) 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. except as provided under Section 19.58.055 for auctions. Said wall may be replaced with a fence subject to department approval. " P:\HOME\PlANNINO\MARTlN\AUcnON\930ICC.ORD . ¡,-)..2 ~ · 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 oC spaces required Cor designated uses. ÞIOTB: In the case of any bUildinJ: structure or premises, the use of which is not specifically mentioned herein, in the o¡¡inion of the ~J)rovin~ authority is not similar to any use found herein. the IIPDrovine authority may ~Iy a ratio based on a similar existin~ use not found herein. the I'fs"/Îsi8ftS fer a H5e -.J'/hieÀ is HieøâeøeEI Bßd te "'yvæeh said use j¡B similar, in the epiRieB af the eeææissies, shall apply. In computing parking requirements, a resultant fractional space of one-half shall C9unt 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 oC spaces required 1. Aötelftaàile af Iftaehiaery 9ale~ 81111 !ef¥iee garage3 (See Seeâaa 19.58, Q79}: 1 fer eaeh 100 !Nt. ft. ef fleer area; 1.. Auctions (See Sections 19,04.15 and 19.58.055): At the time of ~plication for a conditional use permit. apJ)licant shall submit parkin!! information justifyine the amount of parkin!! pro'posed to be provided and the parkin~ ratio. The information must consist of data 'WOn which the :i\Pl'rovine authority can reasonably base a determination of adeqJlacy. such as exœcted natronaee or a comparison with the patronaee of similar uses. Said parkin~ ratio shall ranee from 1 snace for each 50 square feet of net usable lot area to I !\pace for each 4.000 SQuare feet of net usable lot area: NOTE: For puÏ;poses of this sub section. "net usable lot area" means the area of the Darcel exclusive of setbacks. slOJ es. easements. reqµired ri~ht-of-w3.Y dedication or other constraints which would preclude use of the land. If comnlaints are filed with the City reeardine impacts related to off-site narkin!!. the proiect shall be modified to add additional parkin!! for emnloyees and customers. and/or by reducine the auction and/or storaee area. subiect to the review and IIpDroval of the Director of Plannin!! and City Eneineer. Failure to resolve such off-site public parkine problems by the owner of the proœrty constitutes ~rounds for revocation of the conditional use œrmit. P:\HOMEIPu.NNINOIMARTlN\AUC110N\9301CC,ORD ~ &'/3 -,..._, _.._._-~._--- -...__.._..~._-~-_._~ Ordinance No. Page 6 . 2.. Automobile sales facilities. new or used. (See Section 19.58,070): 1 for each 400 SQ.. ft. of ~ross floor area. or 1/10 of the maximum car stora~e ~acity. whichever is I!reater: ~ Automobile rc:pair and service ~~~es: 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. f1. of gross floor area; minimum of 4; 51. Car wash (coin:operated) self-service, or attendant-operated: 3 for each stall, plus 1 for each employee; 6~. 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; 8lQ. 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 g~ge with a minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of garages.); -IG1l. Dwellings, towÏ1houses: 2 for each dwelling unit; both spaces shall be in a g~ge or carport, a minimum area of 400 sq. ft.; P:\HOMEIPU.NNlNOIMARTtN\AUCJ1ÓN\9301CC,ORD -IÞ17 6~/,/ Ordinance No. Page 7 Hl3.. Dwellings, multiple: 1-1/2 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. H14. Funeral homes, mortuaries: I for each 4 seats of the aggregate number of seats provided in all assembly rooms of the mortuary; H12. Furniture and appliance stores; household equipment or furniture repair shop: I for each 600 sq. ft. of floor area; -I4lQ. Hospitals: 1-1/2 for each bed; -l511. Nursing homes and convalescent hospitals and homes for aged: I for each three beds; . ~~. Houseboats: See dwellings, subsection 9 above; H.12. Hotels, motels, motor hotels: 1 space for each living or sleeping unit, plus I space for every 25 rooms or portion thereof to be provided on the same lot as use; 2Q. Machinery sales and service e:arae:es: 1 for each 400 sa. ft. of floor area: ~Zl. Manufacturing plants, research or testing laboratories, bottling plants: I 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; -W2I. Medical and dental clinics or offices: 1 for each 200 sq. ft. of gross floor area; minimum of 5; P:\HOME\PUoNNINOIMARTtN\AUC110N\930ICC.ORD . /". ~t/Þ ._____....__ _n _ __u_ ___"____" -..-.-. · Ordinance No. Page 8 ~n. 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; ;H.~. Restaurants, bars and night clubs: 1 for each 2-1/2 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 - Drive-in, take-out, snack stands: 15 spaces (minimum); ~2.Q. 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; 25~, 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; ~l2. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms: 1 for each 3-1/2 seats of maximum seating capacity; ~.lQ. Wholesale establishments, warehouses, service and maintenance centers, communication equipment buildings: 1 for each 1-1/2 persons employed at one time in the normal operation of the establishment, or 1 for each 1,000 sq. ft., whichever is greater." !The followin~ wordin~ has been moved to the o,penin~ of 19.62.050 and amended as shown: "1ft eÐHII'lIttRg pefiållg ~ifeffieftt:s, II resll1l8l\t fflleâelHll spaee ef aile half shaH e8Hftt a3 ø. föH 9I'&ee. P:\HOME\Pu.NNINOIMARTlNlAUCTlON\9301CC,ORD ;}!--7t rf/? Ordinance No. Page 9 , ~NOTE: 1ft the e8:X of MY Btlilåiftg, 3trueRire af pfeffii3e3, the Ð3e of ~..vftieh is Ret speeifieelly æeRtt.Sfteå herein, t.fte pæ";isie'l3 fer a use ·xhieh. is æeRtt.Sfted. and te -.vilieil SllÎ.å ¡¡!Ie is similar, ÌR ~e epiaisa sf the eemmiasiea, skall ilpj ly_ "J SECTION VIII: This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Robert A. Leiter Bruce M, Boogaard Director of Planning . City Attorney . F:\HOME\PLANNtNG\MAR1'D"l\AUcrION\9301CC .OIID jjJT i -/7 -.-._---------_._--_._--_._----~---- - . . . nns PAGE BLANK ~~7r , ~;:¡r . ( ! . -. ~ 8ETTLDEN'l' aGREEMENT This Settlement Agreement ("Agreement") is dated as of November 25, 1992 and is effective as of the date last executed by the parties, by and between, on the one hand, THE CITY OF CHULA VISTA, a municipal corporation¡ ("THE CITY"); the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("Agency") ¡ and, on the other hand, CHARLES B. SIROONIAN, an individual, LINDA L. MANDEL, an individual, CHARLES D. PRATTY II, an individual, LOUIS P. PRATTY, an individual, CAROLINE A. PRATTY, an individual, OTAY INDUSTRIAL PARK, a California gener~l partnership, KARL TURECEK and CHARLES TURECEK, general partners of OTAY INDUSTkIAL PARK¡ and ECOLOGY AUTO WRECKING, a California corporation, ( "Plain- tiffs") with reference to the following: I. RECITALS 1. Plaintiffs warrant and represent to the City that they have the interest in certain properties within the city of Chula Vista described as follows: a. North Parcels. AD Parcels 72 and 73. CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, and CAROLINE A. PRATTY (herein, "Individual Plaintiffs") now own and have at all times relevant herein owned as tenants in common that certain property known as Lots 12 and 13 of otay Industrial Park according to Map thereof 8147, filed in the office of the county Recorder of San Diego County, July 18, 1975. Such property is Assessor's Parcel Nos. 644-182-01 and 02 and its street address is 825 Energy Way, Chula Vista, California. By the assessment proceeding identified herein below THE CITY purported to establish Otay Valley Road Assessment District No. 90-2 ("AD 90-2") wherein Lot 12 is identified as Assessment No. 72 and Lot 13 is identified as Assessment No. 73. (Herein, "Parcels 72 and 73"¡ or "the North Parcels.") b. South Parcels. AD Parcels 80 and 81. ECOLOGY AUTO WRECKING is and has at all times relevant herein been the lessee under the Lease Agreement of February 1, 1988 with Lessor, OTAY INDUSTRIAL PARK, of that certain property identi- 'fied as Lots 21 and 22 of the Otay Industrial Park according to Map thereof 8147, filed in the office of the County Recorder of San Diego County, July 18, 1975. Such property is Assessor's Parcel Nos. 644-182-11 and 644-182-12 and its street address is 820-834 Energy Way, Chula Vista, California. OTAY INDUSTRIAL PARK is now and has at all times relevant herein been a California general . partnership whose general partners are Petitioners/Plaintiffs KARL TURECEK and CHARLES siroon9.wp Settlement Agreement re Otay Valley Road widening November 25, 1992 1 Page 1 ~ "/rr ATTACHMENT IIAII_I__ _...__._."-~-_._~---------_._-----+--- ,-~~~ '. , I , I, . " TURECEK. (Herein, jointly "OTAY.") OTAY is now and has at all times herein been the owner of Lots 21 and 22. By AD 90-2, THE CITY purported to establish an assessment district wherein Lot 21 is identified as Assessment No. 80 and Lot 22 is identified as Assessment No. 81. (Herein, "Parcels 80 and 81"; or "the South Parcels.") c. East Parcels. AD Parcels 74 and 79. OTAY now owns and has at all times relevant herein Þwned that certain property known as Lots 14 a.ld 20 of the.otay Industrial Park. Such property is Assessor's Parcel Nos. 644-182-03 and 644-182-10 and its street address is 855 and 850 Energy Way, Chula Vista, California. By AD 90-2 THE CITY purported to establish an assessment district wherein Lot 14 is identified as Assessment No. 74 and Lot 20 is identified as Assessment No. 79. (Herein, "Parcels 74 and 79"; or "the East Parcels".) 2. Current Entitlements. The land use designation of the above-described 6 lots under the Chula vista General Plan is "Research and Limited Manufactur- ing," and the designation of such lots under the Otay Valley Road Redevelopment Plan, is "Limited Industrial/Research". Consistent with such plans, the zoning classification of such properties is "IP-General Industrial Precise Plan." Appropriate permits con- sistent with these zoning and land use designations have been issued, and development on the properties has proceeded consis- tent with those permits. Specifically, Parcels 72 and 73, Par- cels 74 and 79, and Parcels 80 and 81 have been dedicated to and improved with the uses authorized and permitted by Conditional Use Permit #PCC-73-27 ("C.U.P.") The C.U.P. was effective December 12, 1973 and continued by its terms to July 1, 1986. 3. Formation of Assessment District 90-2: Julv 23 Meetina. On or about July 23, 1991, THE CITY, through its City Council, adopted the following Resolutions in furtherance of formation of AD 90-2: (a) Resolution 16274 making appointments in Assessment District No. 90-2 (Otay Valley Road). (b) Resolution 16275 Adopting a map showing the proposed boundaries of Assessment District No. 90-2 (Otay Valley Road). (c) Resolution 16276 Approving a proposed resolution of intention and requesting consent and jurisdiction for Assessment District 90-2 (O~ay Valley Road). 4. Formation of AD 90-2: Anril 21 Meetina. On or about April 21, 1992, THE CITY, through its City Council, adopted the following resolutions in furtherance of formation of AD 90-2: (a) Resolution 16599 of the City Council of the City of siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 2 Page 2 t ~.20 .--;1- , ) \ Chula Vista certifying the Final Environmental Impact Report and Addendum thereto on the otay Valley Road Widening Project (EIR 89-01), SCH #89083004. (b) Resolution 16600 of the city council of the City of Chula Vista adopting map showing amended boundaries of Assessment District No. 90-2 (otay Valley Road). (c) Resolution 16601 of the City Council of the City of Chula Vista declaring intention to order the installation of certain improvements in a proposed assessment district; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds for Assessment District No. 90-2 (otay Valley Road). (d) Resolution 16602 of the City Council of the City of Chula Vista passing on the "report" of the Engineer, giving preliminary approval, and setting a time and place for the public hearing in Assessment District No. 90-2 (Otay Valley Road). 5. Formation of AD 90-2: June 23 Meetina. On or about June 23, 1992, THE CITY, through its City council, formed and established AD 90-2 upon the adoption of the following resolutions: (a) Resolution 16639 Approving agreement for execution in Assessment District No. 90-2 (otay Valley Road) and authorizing the Mayor to sign said agreements. . (b) Resolution 16641 Ordering certain changes and modifications to the Engineer's Report in Assessment District No. 90-2 (Otay Valley Road). (c) Resolution 16642 Overruling and denying protests and making certain finding in Assessment District No. 90-2 (Otay Valley Road). (d) Resolution 16643 Confirming the assessment, ordering the improvements made, together with appurtenances, approving the Engineer's Report, making CEQA findings, and adopting a statement of overriding Considerations and a Mitigation Monitoring Plan regarding Assessment District No. 90-2 (Otay Valley Road). 6. Environmental Findinas. Resolution Nos. 16599 and 16643 purport to set forth and contain the findings and determinations required by the California Environmental Quality Act ("CEQA" [S 21000 et seq. of the Pub. Res. Code]) and by the Guidelines for Implementation of CEQA (14 Cal. Code of Regulations, S 15000, et seq.), based upon the Final Environmental Impact Report and the Addendum thereto. (Herein, "the EIR.n) 7. Claims in Litiaation. On or about July 22, 1992, Plaintiffs instituted Case NO. . 654274 in the Superior Court of the state of California by filing their petition and complaint. (Herein, nthe Action.") plaintiffs siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 3 Page 3 - ¿, ~.;2 / -3., . __.,'_._._..______... ___..n...._"''''''' ____.__.___.~ ___.__ . ' - I by the Action allege, among other things, that THE CITY in adopting the foregoing resolutions and in certifying the adequacy of the EIR proceeded without or in excess of jurisdiction; failed to provide Plaintiffs a fair hearing; and abused its discretion. Based thereon, Plaintiffs seek issuance of a peremptory writ of administrative/traditional mandamus directing THE CITY to set aside and revoke the foregoing resolutions and the certification of the adequacy of the EIR; seek a declaration that the foregoing resolutions and EIR are illegal, invalid and void; and seek other relief. THE CITY claims and contends that the foregoing resolutions and the EIR and each and every one of them are valid, enforceable and consistent with all legal requirements, and that plaintiffs are entitled to no relief. 8. Settlement Not An Admission of Liabilitv. The parties by this settlement do not admit or acknowledge that the position of the other is correct, but enter into this settlement for the purpose of minimizing their risk; avoiding expensive and protracted litigation; and for the other purposes identified herein. 9. Assessment ImDosed on Affected Parcels. THE CITY has determined that the net assessable square footage, credits allocated to and final confirmed assessment levied against each of the Parcels is as follows: Assess- Net Assess- SlQDe Credit ImDrovement Final Con- ment No. able Acreaae Credit firmed Assessment 72 5.15 $ -0- $ 8,028 $ 96,323 73 5.21 -0- 8,122 97,445 74 5.19 18,949 8,090 78,123 79 5.30 28,096 8,262 71,032 80 4.24 -0- 6,610 79,303 81 3.74 -0- 5,830 69,951 10. General Intent of Aareement By the foregoing resolutions identified in Recitals 3, 4 and 5 hereto, THE CITY determined to and did levy assessments on all properties within AD 90-2 at the rate of approximately $.4652 per net assessable square foot. The parties have agreed that, in settlement of the Action, the Final Confirmed Assessments for the affected parcels specified in Recital 9 hereto shall be partially prepaid from the proceeds of loans made by the City to the Plaintiffs pursuant to the provisions of this Agreement so that the remaining unpaid assessments against such affected parcels following such prepayment shall be approximately $0.275 per net assessable square foot. The parties have further agreed that such loans shall be repaid in accordance with the terms and provisions of this Agreement. 11. city ReDresentations Reaardina Basis for Calculation . for Assessment. THE CITY represents and warrants that the following figures calculated by THE CITY set forth in subparagraph <e) below truly siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 4 Page 4 t~ -¥~ , C I and correctly reflect the following as to each Assessment Parcel: Ca) the Final Confirmed Assessment is calculated by multiplying the assessment rate of $0.4652 per net assessable square foot by the total net assessable square footage of each of the Assessment Parcels and deductinq slope and improvement credits therefrom; (b) the Unpaid Assessment is calculated by multiplying the assessment rate of $0.275 per net assessable square foot times the total net assessable square footaqe of each Assessment Parcel without further reduction due to slope or improvement credits; (c) the Assessment Prepayment was calculated by deducting the Unpaid Assessment from the Final Confirmed Assessment; and, Cd) the Prepayment Amount, i.e., the amount of the loan proceeds applicable to each respective parcel, was calculated by deductinq from the Assessment Prepayment the financinq costs which would otherwise have been attributable to the Assessment Prepayment had bonds been issued to represent such remainder; Ce) Specifically, the following applies: Assess- Final Con- UnDaid Assessment PreDavment ment No. firmed Ass- Assessment PreDavment Amount essment 72 $96,323.00 $61,691. 85 $34,631.15 $33,101.34 73 $97,445.00 62,410.59 $35,034.41 S33.486.80 Total North Parcels: $69.665.56 $66.588.14 80 $79,303.00 50,790.96 $28,512.04 $27,252.54 81 $69,951. 00 44,801. 46 S2S.149.54 S24.038.58 Total South Parcels: $53.661.58 $51. 2~1.12 74 $78,123,.00 $62,171.01 $15,951.99 $15,247.33 79 $71,032.00 63,488.70 7.543.30 S 7.210.16 Total East Parcels: ~23.495.29 $22.457.49 12. Existina Litia~tion and ADDlicable statutes of Limitations. The parties hereto understand and believe that (1) the Action is the only pendinq litiqation in which the resolutions identified in Recitals 3, 4 and 5 hereto, and the EIR, and any of them, are challenged; and (2) that applicable statutes of limitation have expired and preclude the commencement of any such siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 5 Page 5 &,- ;2;} -~- ---<-----.-"' .-.-.... -.----.-. , , I .~ action, except as provided in Paragraph J, infra. 13. Attornev Fees and other Costs Incurred bv Eco10av. THE CITY has been provided with appropriate invoices, billings, and all other appropriate documentation and has satisfied itself that ECOLOGY AUTO WRECKING has paid in excess of THIRTY TWO THOUSAND FIVE HUNDRED DOLLARS ($32,500) for attorneys' fees, expert fees and consulting fees. Those fees were incurred for (1) presentations made for and on behalf of ECOLOGY at the administrative level when the foregoing resolutions were before the City Council of the ~ity of Chula Vista for its review and consideration; and (2) this litigation. II. CONDITIONS PRBCBDBNT NOW, THEREFORE, the parties irrevocably agree that if the duties of Plaintiffs are performed as set forth in subparagraph II.A, and the condition precedent set forth in subparagraph II.B. occurs as therein stated, the rights and duties set forth in the subsequent section III. ("Obligatory Provisions") shall be in full force and effect; otherwise, they shall be of no force and effect whatsoever. A. Plaintiffs, who have made application for Special Permits from the Agency permitting uses specified below on the Lots, and will, within 5 days, amend such application to request a Special Permit for Lien Sale of Impounded Vehicles to be effective if and when the City's Zoning Code is amended to allow said use by Special Permit, agree to diligently prosecute said applications, and Agency will, to the best of its efforts, cause the expeditious processing of same. B. Plaintiff Turecek will deliver to the City the sum of $2,500.00 to be applied to a portion of staff processing costs, and therefrom permit the City to pay the City's total costs for processing a zone text change to permit a land use, to wit: -the lien sale of impounded vehicles", to occur in an I-P designated zone subject to securing a conditional use/special permit ("Lien Sale Zone Text Change"). All costs for processing the Lien Sale Zone Text Change in excess of $2,500.00 shall be borne by the City, including, but not limited to, staff time, outside consultants, environmental reports and any other such expense. Nothing herein shall commit the city to incur litigation costs regarding the Lien Sale Zone Text Change. C. Without constituting a covenant to cause same to happen, the condition precedents ("Condition Precedents") to the effectiveness of the Obligatory Provisions shall be as follows: 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 siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 , Page 6 ~~d-L( -/p- ( I '. implement the Lien Sale Zone Text Change. Condition Precedent No.2. Existing Entitlement Special Permits are Granted. The Agency shall, within 20 days after the effective date of this Agreement, grant Plaintiffs Special Perm~ts ("Existing Zoning Special Permits") covering the Lots listed below in this subparagraph II C.2.(1) through (3) and for the uses indicated for those Lots in that listing, for the terms indicated therein and on conditions no more onerous than those set forth in section II.C.2.a. (1) Lots 12, 13, 21 and 22 for (1) auto- dismantling and sales of auto parts uses, and (2) scrap metal collection, compaction, cutting, shredding in preparation for the scrap market; and other related uses, for a term not less than 13 years; (2) Lot 14 for (1) storage, maintenance and repair of heavy equipment; (2) support equipment and vehicles requisite to general contracting; (3) storage and distribution of fuel; (4) general contractor's offices, shops and related storage of parts, tools, machinery, etc.; (4) processing of construction site residue for reuse, recycling, or sale; and related uses, for a term not less than 13 years; (3) Lot 20 for impound, storage and dismantling of automobiles, general offices and storage of records and related uses for a term of not less than 13 years; a. Conditions Attached to Existing Zoning Special Permits. The Conditions Precedent will be deemed to have been met if the Special Permits above mentioned are issued on conditions no more onerous than the following: (1) Plans shall be submitted in an accepta- ble form to the City within three (3) months after the Special Permit has been approved for review to the otay Valley Road Project Area Committee and for approval by the Agency indicating code-required off-street parking; . landscape planting/irrigation; fencing and other appropriate comparable-cost screening measures to ameliorate adverse visual siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 7 Page 7 --- ¿ -;2.}:> 1- - ~.~._---_.__.-.._- . ~.- - ------..------.- -_..~.. ( . - impacts. ~he plans shall be prepared by a Registered Landscape Architect. Plans approved by the city shall be implemented by the Permittee ("Plans"). Such Plans shall be implemented within eighteen (18) months of their approval by the City. (2) The Special Permits shall become void and ineffective if not utilized within one year from effective date thereof, in accordance with Section 19.14.260 of the municipal code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. (3) Should such final Special Permits issue, any failure by the permittee under any Special Permit to fulfill any condition or to proceed thereunder, or otherwise violate same, such failure or violation shall not affect the validity of any other Final Special Permit. Condition Precedent No.3. Future Zoning Special Permits are Granted. If the plaintiff who is the owner of Lot 20 ("Lot 20 Plaintiff") amends his pending Special Permit application in a manner and form reasonably acceptable to the City in 5 days after the effective date of this Agreement to request a Special Permit for Lien Sale of Impounded Vehicles on the condition that, and not effective until, the zoning code is amended to allow said use by Special Permit in an IP Zone ("Lien Sales Special Permit"), an additional Condition Precedent (i.e., Condition Precedent No.3) is as follows: The Agency shall, within 20 days after the effective date of this Agreement, grant Lot 20 Plaintiff a prospective Lien Sales Special Permit covering the Lot 20, to be effective if the City eventually adopts the Lien Sale Zone Text Change, which Lien Sales Special Permit will permit the use of said Lot 20 for lien sale. of impounded vehicles for a term of 13 years on conditions no more onerous than those set forth above as condition. for Existing Zoning Special Permits. D. Rules IntêrDretina the Occurrence of a Condition Precedent. siroon9.wp settlement Agreement re otay Valley Road Widening November 25, 1992 8 Page 8 ¿~¿ -g- . \ ) 1. The issuance of the Special Permits shall be final for purposes of completing the Condition Precedent in this Sub- paragraph II.B. upon the expiration of any period for requesting reconsideration of the decision to issue such special Permits under the ordinance and codes of the City or the Agency. Should the City have the power, the City may waive any reconsideration period that may exist by so stating in any resolution issuing such Special Permits, and upon so doing, the special Permit shall be deemed final when the resolution is effective. 2. If such uses or any of them do not require a special Permit because they are now permitted as of right by virtue of the zone in which the Lots are currently located, then the City and the Agency shall issue a letter stating such uses are permitted as of right and do not require a Special Permit or any other permit. 3. All Plaintiffs will be deemed to have accepted more onerous conditions if they fail to deliver written notice of objection to same within 15 days after final imposition of same. Upon such acceptance, the Conditions Precedent will be deemed to have been met. 4. If the Conditions Precedent do not occur within the time provided, but do occur prior to delivery to the City by any of the Plaintiffs of a written renunciation of the Agreement on the basis that the Conditions Precedent did not occur within the time frames stated, the Plaintiffs waive the right to thereafter declare that the Conditions Precedent did not occur, and the Conditions Precedent will be deemed to have timely occurred. III. OBLIGATORY PROVISIONS NOW, THEREFORE, for and in consideration of performance by the parties of the respective promises made herein, and on the occurrence of the Conditions Precedent hereinabove set forth in Section II., the parties agree and promise as follows: A. Recitals Included. The foregoing Recitals are incorporated herein and are agreed to, confirmed and ratified and constitute a part of this Agreement. B. omitted. C. citv Dutv to Make Loans. Upon receipt of title insurance in the amount of the loans, determination of a loan (as fully sUbordinated) to value ratio of less than or equal to 80%, and receipt of an "additional insured" endorsement on the plaintiff's property insurance, THE CITY will make two loans as follows: one loan to CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, and . CAROLINE A. PRATTY in the principal amount of $66,588.14 to be siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 , Page 9 ~~;2 7 - 9/ -" "---_.~--_._~..__.~._...._--,--~-- , J ' evidenced by a note secured by deed of trust ("Note") and secured by a Trust Deed recorded against Lots 12 and 13; and one loan to OTAY INDUSTRIAL PARK in the principal amount of $73,748.61 to be evidenced by a note secured by a deed of trust ("Note") and secured by a Trust Deed recorded against Lots 21 and 22. Immediately upon making the loans referred to hereinabove, THE CITY shall transfer the proceeds of the loans to the Improvement Fund of AD 90-2 and shall credit such amounts as cash payments against the Final Confirmed Assessment on each of the respective Assessment Nos. 72, 73, 80, 81, 74 and 79. As a result of applying the proceeds of the loans to the Prepayment Amount, the Unpaid Assessment shall be the amount of the remaining unpaid assessment levied against each of the respective parcels pursuant to AD 90-2. D. Plaintiff's Dutv Not to Contest Formation of Assessment District. Plaintiffs, and each and everyone of them, will not con- test or dispute the formation of AD 90-2, or the City's authority to form same, or any alleged defects in the City's attempt to form same, including alleged defects or omissions in the environmental review or the assessment district proceedings, the levy and collection of an assessment in the amount of the Unpaid Assessment or the issuance of bonds for the assessment district representing the unpaid assessments, including the Unpaid Assessments, on properties within AD 90-2. The "cash paydown period", which is the period of time an assessed parcel owner has within which to paydown an assessment without charge for financing costs, shall be extended until 15 days after the effective date of this agreement, during which time the Plaintiffs shall have the option to payoff all or a portion of the Unpaid Assessment at the "cash paydown price" (i.e., at or about .9558 of the Unpaid Assessment amount) or, thereafter, to make annual payments on said Unpaid Assessment calculated in the same manner as is applicable to all other parcels within AD 90-2, or to payoff all or any portion of the then remaining balance of the Unpaid Assessment during the term of the assessment period in the same manner as is applicable to all parcels within AD 90-2. The actual annual payment required will depend, in part on the interest rates at which the bonds are sold which rates cannot now be determined. E. Form and Contents of Notes. The two Notes shall have the form and content of the Notes attached hereto as Exhibit A, (Herein, "the Notes.") but if not attached, each of the promissory notes shall contain customary and usual provisions and, in addition, shall provide as follows: a. Payment will commence, only at such time as a building or other development permit, or permits, as identified below is, or are, issued on any of . the parcels which are the security for that Note, (i.e., on Parcel 72 or Parcel 73 for the North siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 10 Page 10 ¿ -elF' '--10 / · , , \ , Parcels Note; and on Parcels 80, 81, 74 or 79 for the South and ~ast Parcels Note), but not later than December 31, 2017. Issuance of a building permit will trigger the commencement of the repayment obligation only. if the city's Director of Building reasonably determines that the value of the authorized construction under such permit exceeds $500,000; or reasonably determines that the value of all improvements permitted since the effective date of this Agreement exceeds $1,000,000.00, whichever occurs sooner ("Repayment Trigger"), except that any construction activity needed to specifically satisfy conditions of renewal or issuance of a final Special Permit shall not be applicable toward calculating the Repayment Trigger. b. No Note shall bear interest. c. If the Due Date (December 31, 2017) occurs before the Repayment Trigger occurs, then the Note is due and payable in full on the Due Date. otherwise, commencing on the first day of the next succeeding month after the date on which the Repayment Trigger occurs, the Note shall be payable in equal monthly installments in an amount that will result in the complete satisfaction of the Note by the Due Date, or 10 years, whichever is less. If the payment commencement date is more than ten (10) years before the Due Date, then the Note shall have a term of ten (10) years; d. It is the intention of the parties that the Plaintiffs not be personally liable on the promissory notes but that the land will act as the security for their repayment. F. Trust Deeds: Number: Securitv: Subordination. Each Note will be secured by a Deed of Trust. The North Parcels Note will be secured by a Deed of Trust on Parcels 72 and 73, and the South and East Parcels Note will be secured by a Deed of Trust on Parcels 80 and 81, but repayment of the Note that is secured by Parcels 80 and 81 will commence if the Repayment Trigger occurs as to anyone or more of Parcels 74, 79, 80 and 81. The Deeds of Trust shall be subordinate to any future deed of trust to secure a loan ("New Note") from a lender ("Lender") provided (a) the proceeds of the New Note shall be used first to pay in full any other loans secured by the property, any mechanic's liens or other charges levied or leviable against the property because of any improvements made to the property by Trustor, and any trust deeds securing any other such loans, liens , or other charges shall be reconveyed to the property owner as to any property for which the City Deed of Trust is security; (b) the total amount of the New Note shall not exceed eighty percent siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 11 Page 11 &,-;21 -I /~ ..-_. ..._-,._.,.~.,- -...---.... n·......______..___ _._ _____ · ( I (SO%) of the value, as determined by the Lender making the New Note, of the property as improved by Trustor or his or her successor in interest; (c) the New Note shall not bear interest, exclusive of late charges, penalties, or fees payable in case of default, greater than fifteen (15%) per annum; and (d) the remaining terms and provisions of the New Note shall be as required by the Lender. Within ten days after receipt of a written request therefor from Trustor and proof of the aforementioned conditions having been met, City/Beneficiary shall execute a separate agreement of subordination, in recordable form, in favor of the lender of the New Note to which the City Deed of Trust will be thereby subordinated, and deliver the subordination agreement to the Lender or Lender's title company designated by Trustor. The terms of any such subordination agreement shall prevail over the subordination provisions provided in the City Deed of Trust or this agreement. G. SDecified Contents of Trust Deeds. The City Deeds of Trust will be executed in favor of THE CITY and will contain the following: (a) At the top of each City Deed of Trust the word "subordinated" must appear in at least 10-point bold face type unless it is typewritten, and if it is typewritten the term must appear in capital letters and must be underlined. Civil Code Section 2953.2(a). (b) Immediately following the word "subordinated", the type of the security instrument must be identified--to wit, a Trust Deed. (c) Immediately below the above information, the statutory notice must appear in capital letters if typewritten and at least in S-point bold-face type as follows: "NOTICE: THIS DEED OF TRUST CONTAINS A SUBORDINATION CLAUSE WHICH HAY RESULT IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT." (d) The following notice must appear directly above the signature siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 12 Page 12 t :J' () -/~ - C of the beneficiary, and the notice must be in at least a-point bold face type and, if typed, must be in capital letters: "NOTICE: THIS DEED OF TRUST CONTAINS A SUBORDINATION CLAUSE WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY INSTRUMENT TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND." (e) The language reflecting the agreement of the parties as contained in paragraph III.F. above. H. PaYment of Plaintiffs Attornev's Fees. THE CITY agrees to pay within thirty (30) days after the effective date of this Agreement a total of $32,500 to ECOLOGY WRECKING YARD for attorneys' fees, expert fees and consultant fees incurred by it to date. Otherwise, the parties, and each and everyone of them, will bear their own costs, including but not limited to, attorneys' fees, expert fees and consultant fees. I. Dismissal of Action. Upon the occurrence of the Conditions Precedent, Plaintiffs, and each and everyone of them, agree to dismiss the Action in its entirety without prejudice which designation (i.e., "without prejudice") shall not be construed as inconsistent with the provisions of this Agreement. However, should the Action, or any cause of action pleaded in the Action, or any cause of action which could have been pleaded based on the same set of facts alleged in the Action be commenced under circumstances not authorized by this Agreement, city may tender the release contained herein and otherwise available statute of limitations as a complete defense in support of a motion for dismissal. J. Set Aside of Aareement on Successful Collateral Attack on Aareement. Should a third party commence an action or proceeding challenging this Agreement, or any part of it, THE CITY agrees to defend vigorously such action or proceeding at its own individual cost and expense but with the vigorous cooperation of Plaintiffs, and each of them. The pendency of such an action or proceeding shall not, by itself, cause the delay or postponement of the implementation and the performance by the parties of their executory obligations as provided herein. In the event that injunctive, declaratory or writ relief is ordered restraining and . enjoining THE CITY from giving effect to this Agreement or determining by a final judgment that this Agreement is unenforceable and/or invalid, the parties hereto agree that the siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 13 Page 13 ¿-.J / -/3- --..-...,....-- --_.--_..,_.__.~_. - ---- , : ¡ , ,- Action may be recommenced in its entirety upon return of all consideration for this Agreement to the parties, but Plaintiffs' remedy, jointly or individually, if successful, will be limited to damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels, and attorney fees and costs may be awarded to the prevailing party. Specifically, Plaintiffs, either jointly or individually, shall not be entitled to injunc- tive, declaratory or any other form of equitable or other relief whatsoever the effect of which would, directly or indire~tly, invalidate or have the effect of invalidating any or all of the following, or any combination thereof: the proceedings to form AD 90-2, the levy of the assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the proper- ties within AD 90-2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City representing the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the action be recommenced, the parties agree that Plaintiffs have not waived, relinquished nor shall they be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that their sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels. It is agreed that all parties reserve any and all other rights they may have other than as agreed to hereinabove. K. Set Aside of Aareement If Final Snecial Permits Not Issued. If at any time between the effective date of this Agreement and December 31, 2017, THE CITY denies a Plaintiff a Special Permit, or other such required permit which may be necessary for the continued use of the Lots for the use identified above upon the conditions herein specified, then such Plaintiff may give the City written notice of the rescission of the Agreement, and, upon tender of the return of all consideration given by the city (The Special Permits issued to non-rescinding plaintiffs need not be re-tendered.), the Action may be recommenced in its entirety, except that the Plaintiffs' sole remedy, if they are successful on the causes of action, shall be damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels. Specifically, Plaintiffs, either join~ly or individually, shall not be entitled to injunctive, declaratory or any other form of equitable or other relief whatsoever the effect of which would, directly or 'indirectly, invalidate or have the effect of invalidating any or all of the following, or any combination thereof: the proceedings to form AD 90-2, the levy of the siroon9.wp Settlement Agreement re otay Valley. Road Widening November 25, 1992 14 Page 14 ~~2 _/~- '. \ I ~ assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the properties within AD 90- 2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City repre- senting the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the action be recommenced, the parties agree that rescinding Plaintiffs have not waived, relinquished nor shall they be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that their sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the Final Confirmed Assessment against each of their respective parcels. It is agreed that all parties reserve any and all other rights they may have other than as agreed to hereinabove. K 1/2. Set Aside of Agreement as to Lot 20 if Lien Sales Zone Text Change Not Made or Lien Sales Special Permit Related Thereto Not Granted. A. IP Zone Change Application. The Lot 20 Plaintiff may apply to the City for a Lien Sale Zone Text, Change ("Lien Sales Zone Text Change Application") to permit the lien sales of impounded vehicles in the I-P Zone of the city. B. Use Allowed as "of right". If the city grants such Lien Sales Zone Text Change, the Lot 20 Plaintiff shall have no further rights to set aside this Agreement under this paragraph (I< 1/2). C. Use Denied. If the City denies such Lien Sales' Zone Text Change Application, the Lot 20 Plaintiff shall have the special set aside right hereinbelow set forth in Subparagraph D ("Lot 20 Set Aside Right"). D. Lot 20 Set Aside Right. If the provisions of subparagraph C above apply, the Lot 20 Plaintiff shall have the following special right to set aside this agreement: 1- Such Lot 20 Plaintiff may give the City written notice of the rescission of the Agreement on the basis of this provision, and, upon tender of the return of all consid- eration given by the city, including any Special Permits issued to the Lot 20 Plaintiff for any of the Lots under this Agreement and $32,500 paid by the City, the parties hereto agree that the Action may be recommenced in its entirety, except that the Lot 20 Plaintiffs' sole remedy, if they are successful on the causes of action, shall be damages and in an amount not in excess of the then present value of the remaining amount of the assessment against Lot 20. Specifically, Lot 20 Plaintiff, either jointly or individually, shall not be entitled to injunctive, declaratory or any other form of equitable or other relief whatsoever the . effect of which would, directly or indirectly, invalidate or have the effect of invalidating any or all of the following, or any siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 15 Page 15 ¿-;J} - I~- ."" _._ __ ._..__.__._ __.._.___~m____________,___ i , , , - combination thereof: the proceedings to form AD 90-2, the levy of the assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the properties within AD 90- 2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City repre- senting the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the'action be recommenced, the parties agree that rescinding Lot 20 Plaintiff has not waived, re- linquished nor shall it be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that its sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the Final Confirmed Assessment against Lot 20. ~ SDecific Dutv to Return Attornev Fee Consideration Paid bv citv. Should ECOLOGY be one of the rescinding Plaintiffs who re- commence the litigation (in accordance with the rights provided herein), then it is agreed that ECOLOGY will restore to and reimburse to THE CITY the sum of $32,500.00 representing the total amount of the payment provided for in Paragraph H, supra. If ECOLOGY is not one of the rescinding Plaintiffs who recommence such litigation, then only the rescinding Plaintiffs are require to pay to THE CITY said sum of $32,500.00. M. Waiver of Statutes of Limitations if Aareement Set Aside. THE CITY waives and relinquishes any and all limitation periods, including but not limited to those set forth in the California Environmental Quality Act, Public Resources Code Section 21000, et seq.; those set forth in Streets and Highways Code Section 10400; and such other limitation period, legal, equitable or otherwise, which might otherwise be applicable but for the agreement of the parties as set forth herein, but only as to the rescinding Plaintiffs, only until 30 days after (1) final judgement is entered effectively setting aside or invalidating this Agreement; (2) renewal of a Special Permit is sought and denied; or (3) as to the Lot 20 Plaintiff, the Lot 20 Set Aside Right has accrued, but in no event later than December 31, 2017. The foregoing waiver and relinquishment is intended to be broadly construed to also apply to such limitation periods which may be otherwise applicable by reason of a failure to make service of process, failure to request the matter be set for trial or otherwise. Finally, the parties will cooperate to obtain an order providing for the foregoing. The waiver and relinquishment of the limitations periods set forth in this paragraph shall not constitute a waiver or relinquishment in any way whatsoever of . nor diminish in any way whatsoever the limitation of the remedies of Plaintiffs set forth in Paragraphs J. and K. hereto. N. Benefit of Reimbursement Districts. siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 16 Page 16 &~ -ß- · ( 1 ~ The Unpaid Assessment will be subject to reduction if a reimbursement district or districts are formed and reimbursement fees collected from such district or districts are allocated to AD 90-2 and such fees are deposited into the Redemption Fund for AD 90-2 for the purpose of calling bonds of AD 90-2. Any such reduction shall be pro rata among all properties within AD 90-2 which were subject to the levy of an assessment for AD 90-2. . For example, it is contemplated that there will be an Auto Park Reimbursement District adopted which may result in a reduction of the balance due on the Final Confirmed Assessment. Q... sianature in Counternarts. This Agreement may be signed in counterparts and the signature pages may be attached hereto. f· Parties Receint of Leaal Advice. All parties hereto have received independent legal advice from their respective attorneys regarding the advisability of entering into this Agreement. Q. Parol Evidence. Except as expressly stated herein, no party has made any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and no party hereto relies upon any such statement or representation in executing this Agreement. B· Investiaation. Each party hereto has made such investigation of the facts pertaining to this Agreement it deems necessary. ~. Aareement Read and Understood. Each party hereto, responsible officer, or governing body thereof has read this Agreement and understands the contents thereof. I· Mutual Limited Release. By this mutual limited release, THE CITY and Agency release the Plaintiffs from any and all causes of action, and demands, and the Plaintiffs release THE CITY, Agency, TIM NADER, SHIRLEY GRASSER-HORTON, JERRY RINDONE, DAVID MALCOLM, and LEONARD MOORE, in their capacity as Members of the City Council of The City of Chula vista; and JOHN GOSS, in his capacity as City Manager of The city of Chula Vista, from any and all causes of action and demands alleged in or related to the allegations contained in the complaint and petition in the Action. This release does not apply to Defendants inter se nor does it apply to Plaintiffs inter se. With such exceptions, the Defendants and Plaintiffs do hereby release and discharge the other from any and all claims, demands or causes of action, known or unknown, which the Defendants or plaintiffs now own or hold, or have at any time heretofore owned or held as against the other arising from the facts, events, causes of action and rights to relief alleged in the complaint and petition in the Action and such claims, demands or causes of action which reasonably relate thereto. This release does not BDDlv to riahts and duties created bv siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 17 Page 17 ¿~y~ _/1~ .~·'·_m_.. ._......._. "..___.. . , ¡ , ) , , . . 'this Aareement. y. Notice. Any notice to be given or document to be transmitted hereunder shall be in writing and shall. be deemed given as of the date of actual delivery to the address or addresses set forth below. All of such notices shall be directed to the parties, with copies as indicated, at the following addresses, unless notice of a different address is given in accordance with this section: Notice as to CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, CAROLINE A. PRATTY and/or ECOLOGY AUTO WRECKING: To: Charles D. pratty II Ecology Auto Wrecking 1378D E. Imperial Highway Santa Fe Springs, CA 90670 With a copy to: Worley, Schwartz, Garfield & Rice Attn: Charles V. Berwanger, Esq. William J. Schwartz, Jr., Esq. 1150 First Interstate Plaza 401 "B" Street San Diego, CA 92101 Notice as to OTAY INDUSTRIAL PARK, KARL TURECEK and/or CHARLES TURECEK: To: Karl Turecek Otay Industrial Park 2423 Camino del Rio South suite 212 San Diego, CA 92018 with a copy to: Sullivan, Delafield, McDonald, Allen & Middendorf Attn: William A. Bramley, III 1200 Third Avenue, Suite 1405 San Diego, CA 92101 Notice as to THE CITY and Agency and each and everyone of THE CITY Defendants to: To: John GOSS, City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 With a copy to: siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 18 Page 18 ¿~J¿ -If- . ( ) ~. Bruce M. Boogaard, City Attorney City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 3Z. Execution of collateral documents. Each party hereto agrees to execute all such documents as may be necessary or helpful to carry out the provisions of this Agreement, and each party irrevocably authorizes its attorney to execute such documents. }í. Entire Aareement. This Agreement is the entire agreement between the'parties with respect to the subject matter hereof and is to supersede all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only in writing. X. No Construction Aaainst Draftina Partv. All parties have cooperated in drafting and preparing this Agreement. Any construction to be made in this Agreement shall not be construed against any party. y. No Admission of Liabilitv. The parties hereto declare that this is a settlement of disputed claims, not an admission of liability on the part of any party hereto. Z· Successors and Assians. This Agreement shall inure to the benefit of the parties hereto and their assigns, successors, heirs, executors, administrators, officers, directors, employees, servants, insurers, privys, attorneys and agents. M· Attornev Fees and Costs. In the event any action or proceeding is commenced between the parties hereto with respect to this Agreement, the prevailing parties shall be entitled to recover fees, costs, and expenses incurred by it in connection with such action or proceeding, including reasonable attorneys' fees. 9· Authoritv of Sianatories. The pa~ties represent and warrant that the signatories hereto are authorized and empowered to execute and enter into this Agreement. THE CITY further represents that its City Council has adopted any and all required Resolutions and taken all other action necessary to approve and authorize this Agreement. cc. EstoDDel certificates. Plaintiffs will issue such estoppel certificates for ,reliance by bond underwriters and bond holders of AD 90-2 bonds, as may be requested by the City certifying that the terms and conditions of this agreement are in full force and effect, and cooperate with the City in executing such documentation as may be . required by the City, city's bond counsel, or Assessment District underwriters consistent with the terms of this Agreement including acknowledgement as to the limitation of remedies. siroon9.wp Settlement Agreement re otay Valley Road widening November 25, 1992 19 Page 19 ¿~3? - /1 - --_.,._-_._..~_.._.__.__.__.._.- --~------'-""---'-'--- . , l ) ¡ - - DD. Collateral Attack on Scacia! Permits. Should a third party commence an action or proceeding challenging'the issuance of the Special Permits, ~HE CITY agrees to defend vigorously such action or proceeding'at its own individual cost and .xpense but with the vigorous cooperation of Plaintiffs,iand .ach of them. ~he pendency of,such an action or proc..ding shall not, by itself, cause the delay or postponement of the implementation and the performance by the parties of their executory obligations as provided h.rein. In the .v.nt that the Special permits are set aside, the rescinding parti.s her.to - agr.e that the Action may be recommence~ in its entirety upon return by tþe rescinding parties of all consid,ratiQn for this , Agr.ement including any Special Permits issUédto such r.scinding Plaintiffs, ¡but Plaintiffs' remedy, jointly or individually, if successful,!will be limit.d to damages and in an am~unt not in axc.ss of the thenpr.sent value of the remaining aæount of the a.....m.nt against eaèh of their respective parc.l., and attorney f.es and co.ts may be awarded to the prevailing party. Specifically, rescinding Plaintiffs, either jointly or individually, shall not be entitled to injunctive, declaratory or any other form of equitable or other relief whatsoever the .ffect of which would, directly or indirectly, invalidate or have the .ffect of invalidating any or all of the following, or any combination thereof: the proceedings to form AD 90-2, the levy of the assessments within AD 90-2 as confirmed ,in the AD 90-2 proceedings, the assessment liens on the properties within AD 90- 2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the city representing the unpaid assessments, or any portion ~hereof, within AD 90-2. i EE. The headings herein are for organization purposes only and shall have no substantive effect nor shall they be used to interpret the provisions hereof. THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT, UNDERSTAND ITS TERMS AND AGREE TO EAC AN EV RY NE OF ITS PROVISIONS. . DATED: [').-I¿~J- DA~ED: ø~A~ LINDA L. MANDEL DA~ED: J? -/~,.,,?.. ~e.,-~~ CHARLES D. PRA 'i II , i .iroon9.wp Settlement Agreement re Otay Valley Road Widening . November 25, 1992 20 Page 20 . \ t--3Y , , - ð?J~ . -..-- _____. _ __..__.~n.____~_____ , i DATED: 1'J.'16Jf'J... IS P. PRA DATED: / .;;.-/t ''9-+-- b~J~.....I .J~ ~H~ CAROLINE A. PRATTY OTAY :J:NDUSTRIAL PARK, a Calirornia General Partnership, DATED: BY: KARL TURECEK, General Partner .CO~ "'~forni' I?. -j t -q?-" corpor ~~ 0 ~ DATED: BY: (¡ , , its President DATED: 17-.-/h ~:l-... BY: ~~~:?4~øç , its Secretary THE CITY OF CHULA VISTA, a municipal corporation, DATED: TIM NADER, its Mayor THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a political subdivision of the State of California, DATED: BY: TIM NADER, its Chairman Attest: Approved as to Form Beverly Authulet, City Clerk Bruce M. Boogaard, City Attorney . siroon9.wp Settlement Aqre.ment re Otay Valley Road Wideninq . November 25, 1992 21 ; paqe 21 , , ¿'3; ~/-(- ~._---~-_._.._,-------_.,- .--..----". --_...__._._-_.._------_.~----- ,tÐJ-25-'92 !oED 10:38 ID:CITY IF ou.A VISTA TEL NJ:FAX 619 691 5171 11351! P03 ---- ( ) \ .- DATED: ¡,oUII P. PRATTV DATED : CAaOLINI A. 'RA'1"1'Y eTA! INDVS'l'lUAL PAIUC, . c.lifarni. DJ.TEDI /1,'l.-~-qÎ. "::"~ ¿ ZK, Ganeral I' er liCOLOG! AV'l'O WRlCJaNG, a californIa oorporation, DA'1'J1)1 aVI , it.s Presiliant DA'rBDI IYI , its secretary TH!i ern 0' CtlUI.k VXIiTA, . .unIo1pal Qorpo~.~1on, DATED I T%M NADER, 1~. Hayo~ TKB RBl)BVELOPMI1I'1' AGENCY 01" '1'HB CITY 07 CHULA VISTA, a pol1tiçal subdivision of th. State of Celifornia, DATED: BYI 'rIM .ADD, ita Chairman Attest: Approv.d .. to 'orm Beverly Authulet, CIty Clerk Bruce H. loogaard, City At~orn.y . . . . a1roon'.vp l5ettlnent AIj ~e_nt ra otay valley Roa4 W148ftf.", November 25, lat2 .1 lIa.,e 21 t~L/tl -~:;;.- 1-931( CITY OP CBULA VISTA 11-25-92 IO:39AM POD3 .03 -,~ - - . -.,--.----. . . PETERSON 8 PRICE PAUL A. P£TERSON A PROFESSIONAL COJUOMTlON TELEPHONE . GREGORY' C. M. GARRATT LAWYERS 0'-" ... - ,,\,-, ^kEA CODE 619 EDWARD ,. WHITTLER . ;, .:" LYNNE L. HEIDEL 530 B ST1lEET, sum 2300 234,0361 REBECCA MICHAEL SAN DIEGO, CAUFORNIA 92101-4454 - MARSHAL A. SCARR FAX MATTHEW A. PETERSON (619) 234,4786 LARRY N. MURNANE 12.-:rtJ ,-"" FILE No, October 27, 1993 3634.02 Chairman Thomas A. Martin and Members of the Planning Commission CITY OF CHULA VISTA HAND DELIVERED 276 Fourth Avenue Chula Vista, CA 91910 Re: Hearing of October 27, 1993 - Agenda Item No. 3 PCA-93-0l - 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 Permit in the I-P (General Industrial - Precise Plan) Zone Dear Chairman Martin and Members of the Planning Commission: We represent Jim and June McCormack, owners of property located in the industrial park north of Otay Valley Road within the I-P (General Industrial-Precise Plan) Zone. We have reviewed the staff report dated October 21, 1993 and want to thank the staff for expanding, at our request and the Planning Commission's direction, the proposed amendments from the narrowly drafted proposal that was before you last June. The McCormacks were granted a Special Use Permit by the Redevelopment Agency on July 14, 1993. That SUP was conditioned on an amendment to the Zoning Ordinance permitting auctions. The proposed amendments will satisfy this condition and, therefore, we support the amendments. We do, however, have some suggested revisions to the amendments. These revisions are Bet forth on the following page. Very truly yours, Rebecca Michael Enclosure cc: Jim and June McCormack Planning Department City Attorney ~ --Lj! - .;23- ATTACHMENT "B" -. -----~.._~----_.__.__._--_.._-_.- . . SUGGESTED REVISIONS TO ZONING CODE AUCTION AMENDMENTS ORDINANCE (prepared by Rebecca Michael, Peterson and Price) Section 19.58.055.E. (Page 4 of Draft) E. All areas shall be properly screened, paved (Class 2 road base is acceptable for auction ~arkinq), striped (stripinq is limited to parkinq required for office uses) and improved to the satisfaction of the Traffic Engineer and the Landscape Architect. Section 19.58.055.F. (page 4 of Draft) F. If the auction area is located 1,000 feet or less from any residential or commercial area, outdoor loud speakers shall be prohibited unless a noise study is conducted by a certified acoustician determines that the proposal can meet the City's noise standards. Section 19.62.050.1. (Page 5 of Draft) 1. Auctions (See Sections 19.04.15 and 19.58.055): Applicant shall submit a parking analysis justifying the amount of parking proposed to be provided and the parking ratio. Said ratio shall range from 1 space for each 50 square feet of sales area net-iet-area to 1 space for each 2,000 square feet of sales area net-iet-area: NOTE: For purposes of this sub section, "sales area" "net--:l'Ot.- ar..a" means the area of the parcel used for display and auctioninq of the vehicles, heavy machinery and equipment. exeil1siYe~£- Be. t-bac;ka ,-tl-iepetl¡-eal!telllentlt; reql1ired-~~of ~~Þeat:toft-~~e:r-eenstraints whieh_wel1id_preerade~~~~~~-~~-itl¡-in-effeet; the-l1sabie-area-ef-the-pareeiT t ~'/~ - ;24- l ) RESOLUTION NO. PCM-71-17 RESOLUTION OF THE CITY PLANNING COMMISSION RESCINDING RESOLUTION NO. 569 AND REVISING THE STANDARD PARKING TABLE AND PAVEMENT STANDARDS WHEREAS, the City Planning Commission has determined that certain modifications and additions are necessary to the approved Parking Table and Pavement Standards for private vehicular areas, and WHEREAS, the Planning Commission has been notified that additional charts specifying ramp slopes, minimum clearances, sight distances and striping details are needed. NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Chula Vista rescinds Resolution No. 569 and adopts the attached Parking Table, Charts and Pavement Standards for private vehicular areas. PASSED and APPROVED by the CITY PLANNING COMMISSION of CHULA VISTA, CALIFORNIA, this lBth day of October, 1971, by the following vote, to-wit: AYES: Members Adams, Rice, Macevicz, Stewart and Rudolph NOES: None ABSENT: Member Chandl er /~'7lJ-- I Chairman ATTEST: ~ fl, ~? _ /', '- .(: -t" -7-"\...1 /æ-¿"-'VJL-rz._ . ..secretary ti ,- '13 - J- s-~ ATTACHMENT "c" ,...._ .. .·._._H_·_·_~"__~"_'·~_·__·____ , PAVEMENT STANDARDS FOR PRIVATE VEHICULAR AREAS Areas upon private property which are required to be paved per the various City regulations, or pursuant to conditional approval of the Planning Commission shall be paved in accord with the requirements contained herein and with the standard specifications of the City. Such requirements shall apply to all areas to be paved for the movement,. parking or storage of vehicles except as specifically noted. 1. TEMPORARY USE (maximum of one year). Temporary pavement shall consist of two (2) inches of compacted decomposed granite, the top one inch of which has been treated with SC-250 asphalt road oil to form a water-resistant and dust free wearing surface. Penetrants shall be applied at such rates or a sufficient number of times to produce the specified wearing surface. A weed killer shall be applied in accord with the manufacturers instructions to the entire area to be paved. 2. SEMI-PERMANENT USE (maximum of five years). Semi-permanent pavement shall consist of two inches of asphalt concrete pavement with seal coat placed upon native soil. Asphalt concrete shall be Type "B" per Section 8 of the Standard Specifications except that it shall be permissible to use 40-50 penetration grade asphalt binder as an alternate to 60-70 penetration asphalt binder. A Type "A" seal coat per Subsection 8-08 of the Standard Specifications shall be applied to the entire paved surface. Native soil to receive pavement shall be graded and compacted prior to installation of paving material. A weed killer shall be applied in accord with the manufacturers instructions to the entire prepared native base. 3. PERMANE~T USE. Permanent pavement shall consist of a minimum of two inches of asphalt concrete pavement with seal coat, as described under "Semi-Permanent Use" above, applied over a four inch aggregate base (Class 2A) per Section 7 of the Standard Specifications. Native subgrade shall be graded and compacted prior to application of the structural section. Permanent areas for the storage only of passenger type vehicles may be paved as specified under semi-permanent use. This reduction shall apply only to the specific storage areas and does not include areas designated for parking or movement of vehic1~s. 4. DRIVEWAYS FOR ALL SINGLE-FAMILY, ATTACHED AND DUPLEX RESIDENCES. Driveways for all single-family, single-family attached, and duplex residences shall be paved with a minimum of four inches (4") of concrete of a five sack mix. The Director of Planning may authorize the use of other ·permanent pavement", as specified above, when it can be determined that concrete paving would be unnecessary or impractical. Guidelines for such variance would be: t r'1/ - :J.¿- . . , a. In an area where asphalt drives are used exclusively or . --- predominantly. b. Where lots are large or unusually deep setbacks prevail, the cost of using concrete may be unreasonable. c. Driveways with sufficient slope to permit good run-off, but less than 12S. (Resolution PCM-72-9, 7/18/72) , GENERAL COIWITIOIIS In all instances, pavement grades shall be designed and constructed so as to prevent ponding of water upon or adjacent to the paved surface. Pavement shall be maintained in serviceable condition at all times. Patching, sealing and/or repenetration shall be undertaken as necessary to maintain a usable surface. . ~lateri al s and constructi on methods shall be adequate to accompl ish the intended li fe and purpose of the specified class of pavement. The City Engineer shall have the authority to deny final inspection and utility approval for any property upon which such materials and methods are inadequate. These specifications establ ish minimum acceptable standards. Hi gher Quality materials as approved by the City Engineer may be substituted in all cases. /' DESIGN FOR UNUSUAL CIRC~~STANCES . Special design efforts are justified in all cases where: 1. Native soil is expansive, poorly drained or has a high clay content. 2. Traffic vol urnes are high. 3. Unusually heavy vehicles are expected to utilize the pavement. . Relative to the paving of multiple, commercial and/or industrial properties, the City Engineer may require the submission of a pavement design to accolilTlodate any unusual ci rcumstances. Upon approval of the design by the City Engineer, such design shall supersede the blanket requirements contained herei n. WPC 3529P . . - b'-YÞ -;2.1- -...-.-."....-- --------.---- --- -......--- ._.,...--~-.-."-- - . - .- ~ \ , \ L ',~ ",_ .__--: \ ~-r----- ~ , 'I , --- ~ , ..' r-----------i ,/~ . , , ,~ , , , ! , ./ , ~ I ,. . . Î ; t I , I ! ! ~ : ------- ." ----.; -~ , --~'~. ---.. - I ----... . 1__-':-' ."-- ..-- ; - ...- - . - - "-..- - - - I I I I !. I I ~ , I' I II;. ATTACHMENT'~ïJ~ - (!.~'A~t'N ~p loOP Z¿) o,JIS~ J LOCATOR I~I( ~lloJb ~¡..¡N, a '15)('1' AI-4~I>. t-t¡t-JT w '~\..IP¡: ,. e¡.,¡ ,*,IÆ" f7.- ) ,~,..;u¡, "'" ~ ~ þ. ~'n~ NORTH Þt/Â-'1P" pI LI~" ¿, _ ¿, . . " .: . - ~. ..., {?- PC Minutes -9- June 9, 1993 ITEM 2: PUBUC HEARING: PCA-93-Ql; CONSIDERATION OF AMENDMENT TO TITLE 19 OF TIlE MUNICIPAL CODE TO AlLOW TIlE UEN SALE OF IMPOUNDED AUTOMOBILES (AUTOMOBILE AUCTIONS) SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT IN TIlE I-P (GENERAL INDUSTRIAL-PRECISE PLAN) ZONE - City of Chula Vista Associate Planner Miller gave the staff report and recommended that the Commission fmd the project would have no environmental impacts and adopt the Negative Declaration issued on IS- 93-24; and adopt the resolution recommending that the City Council amend the Code as shown in the draft City Council ordinance. Mr. Miller noted that the Commission packet included two ordinAnl'.es, one of which was obsolete, and pointed out the differences in the two ordinances. Mr. Miller noted that staff and the Commission had received a letter just prior to the meeting from Peterson & Price requesting changes to the ordinance. Replying to Commissioner Carson, Mr. Miller said that, on the suñace, staff did not agree with the changes suggested. Commissioner Carson asked why SDG&E preferred their surplus vehicles to be auctioned on Saturday. Mr. Miller guessed that it was because their employees worked during the week and were off on Saturday. Commissioner Tuchscher questioned why staff suggested holding auctions only Monday through Friday. Mr. Miller said it was felt this was more appropriate given the information provided and the nature of the use. Principal Planner Griffm said it was normal business hours, and an auction on Saturday might have more of an impact on residential areas. Some of the noise and activity may impact the residential enjoyment of nearby neighbors. Further commenting on the Peterson & Price memo, it was generally suggested that the Commission continue the matter so it could be studied and responded to appropriately. This amendment had been discussed extensively in-house with the plAnning Director, the City Attorney, and others, and it was staff's feeling that this amendment should be kept extremely narrow and limited and directed to satisfy the Siroonian agreement only. That would be staff's position, and they would not support the suggestions in the memo. Chair Fuller asked whether the narrow focus of the ordinance was aimed at the fact that these types of business were hoped to be phased out in a number of years. Mr. Miller concurred. There were a number of businesses in the same vicinity along Energy Way that had recently applied for special land use permits because they were in a redevelopment area. They go to the Project Area Committee and then to the Agency rather than through the Commission. They would have a life of 13 years with a possible extension of an additional 13 years. Chair Fuller verified that this would be auto wrecking yards, di~mAntling, automobile storage, etc. ¿--L/7 -~c¡- -. --_._. -- .- -.- ---- ----~-"---,-_.._- ----- PC Minutes -10- June 9, 1993 Chair Fuller asked the closest residential area to this I-P zone. Mr. Miller answered that it would be the Robinhood Point area. Immediately to the north was the Otay landfill. The northwest corner of the I-P zone was undeveloped. The automobiles would pass through no residential areas other than Otay Lakes Road off 1-805. Referring to Ecology Wrecking, Commissioner Martin said there was a lot of area there. Mr. Miller agreed, but stated that if another developer in another part of the City wanted to do the same thing, but had a smaller parcel, the same requirements would be applicable. Commissioner Martin referred to an auction previously on Main Street which was an Industrial zone and had no parking. Mr. Griffm stated that situation would not be allowed under this amendment, because that was a limited industrial zone. Staff was trying to draft an amendment which would satisfy the agreement with respect to a particular use, but it would apply to any I-P zone and anyone who wanted to establish a similar auction in the I-P zone. That would include the properties on the west if they eventually developed. The ordinance had to be crafted to cover future circumstances that may occur with a new lien sale of autos by auction in an impound yard. Commissioner Martin asked how a parking lot, with an influx of autos who would all be there at once and then leave, could be designed or restricted specific to use. He was referring to parking in the dirt. Mr, Miller said staff had recommended that the parking area be paved, that anyone proposing this after A-Z Towing, since they were granclfathered, would be required under the proposed requirements to pave the parking lot because of the environmental impacts. Assistant City Attorney Rudolf clarified that the letter just received from Peterson & Price was not connected with anyone from the Siroonian settlement, and not for anyone for whom the ordinance was crafted. The people involved in the Siroonian settlement were satisfied with the form of the ordinance as recommended to the Commission for adoption. The last-minute suggestion from somebody else in the general area was for a different proposal. Commissioner Martin said that the letter was submitted by Ms. Rebecca Michael of Peterson & Price. They had been in contact during the last couple of weeks, and she was representing Jim and June McCormack, the owners of land immediately to the east of A-Z Towing. There were auction functions going on in portions of the property. He was under the impression they were leasing the property and were not very concerned. Assistant Planning Director Lee commented, regarding days of operation, that staff was not particularly opposed to auctions on Saturday if there was some minimum separation from the residential area. Applying to all I-P zones, if there was a separation of a specific size, the property would qualify; however, there were others that mighcbe detrimental to a residential area and would not qualify. Staff had no objection to that; however, there were other suggestions to which they would object such as conducting auctions out of doors, on non-paved surfaces, and also the auctioning of general merchandise. If there was inclement weather and parking on a dirt area, the mud would be tracked onto City streets and sidewalks. He suggested r:e-yr - 30- PC Minutes -11- June 9, 1993 adoption of the ordinance as crafted with consideration for the Saturday auctions, and if this particular applicant wanted to f1le a request for Planning Commission action to consider an ordinance amendment with a $1,000 f1ling fee, staff would look at that separately and come back to the Commission with a report rather than try to include it with this particular application. Commissioner Moot asked. if the Commission had a choice in approving the ordinance and if there would be ramifications if they did not approve it. Mr. Rudolf said it was the joint conclusion of the Planning staff, the City Attorney, and himself that in order to have the Siroonian settlement work, an ordinance needed to be considered. If an ordinance such as the one before the Commission were passed, it would satisfy the conditions precedent of the agreement. If it failed entirely, the condition precedent failed. If it had other and different conditions attached to it, more onerous than those set forth in the special permit already received from the Agency, it was their opinion that it would not undermine the agreement and would not allow the Siroonians to set it aside. What they need to be satisfied was a form of ordinance which would allow the lien sale of automobiles somewhere in the City. Commissioner Moot asked what was the connection between the lawsuit and the lien sale. Mr. Rudolf said he thought it was a last-minute discovery that this use was going on which had been a previously authorized use, but the permit had expired. In an attempt to eliminate any loose ends, this was added in at the last moment to legalize what was at that point an unlawful use because the old permit had been allowed to expire. Commissioner Tarantino asked where other I-P zones might be located in the City and which could be impacting residenûal areas, Mr. Miller said there were two other pieces presently zoned I-P in the Bayfront area which would be changed as a result of the Bayfront Plan. They were not included in this. There was General Industrial land without the "Po modifier along Main and Otay Valley Road. Commissioner Tarantino did not see the problem if this was the only parcel which could be developed. Mr. Lee said that the western end of the industrial area abutted the residenûal area at the west end, and that was the reason for suggesting a space requirement for the auctions outside of Monday through Friday. The areas to the west were generally vacant and there could be applications for auctions in those areas. Commissioner Thchscher asked staff to comment on their rationale on the parking ratio, in-door auction, and the paved parking lot requirement. He thought the in-door auction may preclude some of the activities because of the size of the building that would be required. Associate Planner Miller said the parking ratio had been developed based mainly on the . experience of Oceanside, who had a similar parking ratio which had proven effective. Regarding the in-door requirement, he had spoken to an auto auctioneer in Santee who had a storage capacity of 3,000 vehicles who held his auctions in-doors. There were environmental issues raised when there was dust kicked up by autos driving on the unpaved dirt, and mud ¿r-¥,7' - 3/~ "" - .... ..~... --- _.._,,- -----_..._-,--------~~--_._- PC Minutes -12- June 9, 1993 tracked on the streets and sidewalks during the rainy seasons. Paving the parking area would resolve those two issues, Principal Planner Griffm stated the amendment was not designed to encourage auctions, but crafted so that if someone applied for an auction, it would have the least potential adverse impact on surrounding areas, Staff was not trying to accommodate other auctioneers who might be applying, but to meet the requirements of the Siroonian agreement. Commissioner Tuchscher asked if the ordinance was crafted to discourage auction activities. Mr. Griffm answered that it was only to ensure there would not be an adverse impact, if an application was approved. Regarding the in-door auction in Santee, Commissioner Tuchscher said he thought the building was probably used for auction purposes only. Mr. Miller said he understood that an automobile was brought into the building, auctioned, and then taken out. This being the time and the place as advertised, the public hearing was opened. Rebecca Michael, 530 B St., #2300, San Diego, CA 92101, representing James and June McCormack, stated they had received the staff report on Friday and had spoken with Mr. Miller on Monday, but because of the confusion as to the correct ordinance had not been able to finalize the letter until that afternoon, She said she had spoken with Mr. Miller regarding expanding the definition, and was told that staff would not make that recommendation but would not oppose it. She was concerned that the ordinance was to be narrowly directed at the settlement agreement and nothing else, Her clients opposed the assessment district, were not part of the settlement agreement, and had auctions of vehicles and general merchandise on their parcels since 1978. It had been determined that the use permit that was on the property had expired and now the parcels had to come back in for special use permits. They had submitted an application for the special use permit, but staff had indicated to them that the I-P zone did not permit that type of auctions, even though they had been conducting them since 1978 and a business license had been issued, Staff's suggestion that the McCormacks apply for an amendment and make a deposit was economically difficult; they had been approached by people wanting to lease the property for auctions and could not because of the lack of a permit. It was a hardship on the McCormacks not to have a broader definition and permitted use by conditional use permit in the ordinance. They hoped to avoid the process for an amendment by taking action. Ms. Michael explained her proposed revisions and said that with those modifications, the McCormacks could go forward with their permits on me with the department and move forward through the Redevelopment Agency to get the permits on the property so they could lease the land and conduct the types of activities they had always been conducting. James H. McCormack, P. O. Box 598 Spring Valley, CA (property address: 880 Energy Way), said his business at 880 Energy Way was a salvage auction business at which they sold t~¿? -3;}-.- . PC Minutes -13- June 9, 1993 vehicles for insurance companies. They had also sold new water damaged furniture and other general merchandise which had been declared a total loss by the insurance companies. He did not know of an auto auction in Santee. Commissioner Carson asked for examples of general merchandise sold. Mr. McCormack replied that they had sold art work and farm equipment, but mostly wrecked automobiles and trucks. He sail! one of the problems with trying to sell inside a building was that wrecked cars sometimes had to be towed through, but were not towable. Other used cars and wrecks could be driven through to be sold. They had sold cars outside for the U. S. Marshals. Commissioner Ray asked about the potential lease of the property and what kind of uses were being considered. Mr. McCorinack said that with the proposed special land use permit, word had gotten out that auctions may not be permitted in the area. He said that his son also sold cars for the U. S. Customs, SDG&E, and bankruptcy courts. In reply to Commissioner Ray, Mr. McCormack said he hoped to lease the property to others to do the same type of business on the property. His son had his own auction on a separate lot. Commissioner Martin asked Mr, McCormack how he got business, and how often the auctions were held. Mr. McCormack answered that there was one auction held every two weeks. The cars came from insurance companies. When the insurance company determined it had a total loss, the McCormacks would pick it up, pay whatever charges there were against it, and bill the insurance company. The average time for a claim to get settled was about 45 days; the car could not be sold until they had the title papers, which on a wreck would be a salvage certificate. Sometimes used cars were in litigation and sat there for years. Mr. McCormack confmned that the auctions had been in existence since 1978. Commissioner Tarantino asked if they sold the merchandise at a separate time or if it was auctioned concurrently with automobiles. Mr. McCormack said it was sold concurrently. They did not have a high volume of furniture. Answering Commissioner Tarantino, Mr. McCormack said they sold Marshals' cars which were alien cars that were seized by the Marshals and the U. S. Customs cars sold by his son were usually drug cars. Ken McCormack, 880 Energy Way, CV, son of James McCormack, reiterated that there was no auto auction in Santee. He stressed that general merchandise was not only furniture, but hard items such as track loaders, bulldozers, generators, industtial items, and machinery, all of which generated sales tax. These items were from SDG&E, Department of Energy, other cities, and the Water Authority. The vehicles were not sold inside a building. A building of that size . would be very large and too expensive. The vehicles have to be sold in rows, one at a time. The ones that nm were parked outside, driven through, and sold one, two, or three at a time. They might have three lanes or four lanes. They were seeking the same rights afforded A-Z who had been in operation wince 1990. The McCormacks had been there since 1978. On ~-ß/ - ~3- --".--.__.-...~_..._.. -.----..--.-." ---.".--.-_.~---------.._.- - - PC Minutes -14- June 9, 1993 auction days, they employed approximately 25 people, 5 full-time and 20 on auction day, with an average of 15 per day during auction week. Mr. McCormack said they were presently engaged in a multi-year contract with SDG&E and U. S. Customs was up for renewal in September. Last year's sales were slightly more than $2 million, with approximately 25% to 30% taxable. There was no sales tax generated for the City from the sale of lien sale vehicles. It was collected by the DMV. Sales tax was collected from law vehicles .hat were from Mexico or out of state. No one else wishing to speak, the public hearing was closed. MS (Ray/Carson) to continue the item for a sufficient period of time for staff to respond to the letter from Peterson & Price and make the potential modifications to the resolution. Principal Planner Griffm responded to a statement by Ms. Michael who said that staff had stated they would not oppose a more general approach to the amendment. Mr. Griffm clarified that if it was the Commission's desire to investigate that, staff would not oppose it. It was made clear that it was not the amendment proposed and staff would not support a privately initiated proposal to do that. However, if the Commission desired staff to look at it, they would do so. Commissioner Martin asked staff ü there had been any problems on the 880 Energy Way property since 1978 as far as any environmental damage or any complaints. Associate Planner Miller replied that the special land use permits that were being processed were all Class 5 Categorical Exemptions according to the Environmental Review Coordinator. For purposes of the special land use permits, there were no environmental issues since the use was continuing; however, since they were dealing with vehicles in various states of repair, he felt that once the area was redeveloped, there would probably be major clean up because of contaminated soils and leakage, oils seeping into the ground, etc. Commissioner Martin asked what the Commission could do to support a business that had been there since 1978. How could they support them in continuing the auctions until development came.in without limiting the City later when some requirement was needed. Associate Planner Miller noted that the planning Commission had the option to direct staff to review the suggestions in Ms. Michael's letter to possibly expand the definition or develop some compromise language that would permit the continna"".e of the existing auctions under various requirements that would be developed later. The other option was to go ahead with it the way it was proposed by staff, taking the Siroonian agreement very literally and judging on that. Mr. . Miller said it should be kept in mind that either one of those options would meet the letter of the law and the Siroonian agreement. Principal Planner Griffm said that another option could be that upon review, staff could determine that the use that had been going on since 1978 had been illegal, but was a socially desirable use that should take place somewhere in the City; that staff should search the City t. -.5d- -34--- PC Minutes -15- June 9, 1993 Code and find a place where it should be done and propose an amendment to the Code to allow it. Commissioner Martin asked if that would be consistent with the term "grandfather" or, if because it may not apply to that specific site, would it not fall under the term "grandfather." Assistant City Attorney Rudolf ..aid that the term "grandfather" was typically applied to the lawful nonconforming use which at one time was lawful. Because the zoning was changed'or that use was disallowed in that zone, under vesting law it remains a lawful nonconforming use as long as it was not legally required to be discontinued. This business was never legal, so it could not be grandfathered. Assistant Planning Director Lee clarified that staff had located a zoning permit which had been issued in 1980 to James McCormack. There was a reference listed as an auto auction with a qualifier that it was to be held one day per month. He assumed it was looked at as being an accessory to the storage operation. Over the years, it had evidently expanded beyond auto sales into general merchandise and from once a month to once a week. City records show nothing being reftled. The auto auction technically was not allowed except as an accessory, but had become the operation. Mr. Lee felt there were enough concerns by the Commission that the item should be continued to respond to them, Commissioner Moot felt the McCormacks and staff had raised some concerns that led him to believe that the operation should be considered separately, in the normal process, without being considered as part of this item. Chair Fuller felt the motion to continue was to ask staff to come back with a modification in the language that allowed some of the options the McCormacks raised. That was the only area in the City being considered for that type of service. Commissioner Tuchscher thought that although the McCormacks were trying to tag on to an ongoing effort, it was appropriate. They were an adjacent land use no different from new construction adjacent to a residential area. There was no concern relative to parking ratio. Regarding the paved lot, decomposed granite or some other solution seemed more appropriate than paving and more cost effective. He felt the indoor auction was overkill and onerous to that type of business. Commissioner Carson felt uncomfortable responding to something they had received that evening and thought it was fair that staff have an opportunity to review it. She was also uncomfortable with the term "general merchandise." Assistant Planning Director Lee said that there was no problem with staff looking at those concerns, but they wanted to keep in mind the long-term picture. The property was adjacent to the Baldwin development and the future development of industrial in the Otay Ranch. He thought staff needed to look at the setting and what would be created out there, whether or not ¿ ~ p;! - ~.1---- r . ._,~ _...__..._.__.-....._--_..-,-,~--~-~_._-_..- PC Minutes -16- June 9, 1993 there should be some time frame. That was the advantage of going through the conditional use permit process. Commissioner Moot believed the item before them should be acted on, and that the McCormacks should bring theirs before the Commission separately. He was reluctant to consider the two items together. Assistant City Attorney Rudolf agreed with Commissioner Moot. He felt the McCormacks' proposal raised many different issues that had not been e"amined and might have other environmental impacts not connected to the item being considered. The item before the Commission had been reviewed, had been discussed with the person most directly affected, and was prepared to go forward unless the Commission wished to make changes. The Commission had a clear choice to either approve what was before them and separate the two, or combine the two together in their motion for a continuance. Staff's recommendation was that the Commission act on the proposal before them, either approving it or amending and approving it. Chair Fuller noted that in that case the McCormacks would have to go through the process and pay all the fees. Associate Planner Miller said that the Commission could direct staff to do that, or they could simply direct the applicant to me an miscellaneous Planning Commission action with the appropriate filing fee. He noted that staff was trying to clarify Council priorities and balance projects that were coming in. Should staff time be spent for this type of an application without any fees? In reply to Chair Fuller, Commissioner Ray said the intent of the motion was two-fold: 1) that one zone be created that could be applied in industrial areas within the City, not just to A-Z Towing. It could encompass the automobile lien sales, large heavy equipment items, and other items mentioned, 2) Give City staff enough time to expand the resolution to include language in the amendment to make auctions such as the McCormacks' an acceptable use under that zone. Commissioner Tuchscher again said that he had a concern keeping the issues separate. This was a public hearing and an appropriate time for the McCormacks to come forward with revisions that concern them. He was speaking in favor of continuing the item. Chair Fuller asked the City Attorney if there was any time pressure to pass the ordinance is presented because of the Simonian settlement. Mr. Rudolf answered negatively. Principal Planner Griffm suggested a 9O-day continuance to the meeting of September 22, 1993, since there may be a need for another environmental review with legal noticing and posting. VOTE: 7-0 to continue PCA-93-01 to the meeting of September 22, 1993. b-5Ý _ 3t ~ - PC Minutes -17- June 9, 1993 Chair Fuller noted that the Commission bad not taken any action on the item, but bad continued it until the meeting of September 22. That should give theMcCormacks time to work with staff. She thanked them for their input. . i'~~ - 31- .....-.-..---- ----.-_._-----~- Excemt ITom Planninl! Cnmmission Minutes of 10/27/93 ITEM 3: PCA-93-01; CONSIDERATION OF ADDITIONS TO AND AMENDMENTS OF PORTIONS OF TITLE 19 OF 1HE MUNICIPAL CODE TO ALLOW AUCTIONS SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT IN 1HE I-P (GENERAL INDUSTRIAL-PRECISE PLAN) ZONE - City of Chula Vista Associate Planner Miller presented the staff report, and stated that a letter had been submitted that evening by Ms. Rebecca Michael, attorney for the McCormack family who were property owuers in the area, which suggested alternate wording in the conditions. Based on the Initial Study and comments on the Initial Study and Negative Declaration, staff recommended that the Planning Commission fmd that the project would have no significant environmental impacts, and adopt Negative Declaration IS-93-42 and the Addendum thereto, and that the Planning Commission recommend that the City Council add to and amend portions of the Municipal Code as shown in the draft City Council ordinance, Commissioner Ray asked staff's recommendation regarding Ms, Michael's suggestions on Items E, F, and 1. Mr. Miller replied that in discussions with Ms. Michael and Mr. McCormack prior to the meeting, they indicated Items F and 1 in the attachment to her letter could be left as staff recommended. They proposed that Item E would read "All areas shall be properly 'screened and improved' to the satisfaction of the Traffic Engineer and the Landscape Architect, dropping out the words 'paved and striped, '" This being the time and the place as advertised, the public hearing was opened. Rebecca Michael, 530 B Street #2300, San Diego, CA 92101, representing June and Jim McCormack, thanked the planning Commission and staff for expanding the definition of "auction." The definition was acceptable to them. The McCormacks had a special use permit granted by the Redevelopment Agency, with the condition that they have a landscape plan and a parking plan. They were concerned with the loud speaker, which was an added expense and which they wanted to oppose, but they would go along with that. Regarding parking ratio, the 18-acre site would have to provide 380 spaces, which they felt was high, However, if the spaces did not have to be paved and striped, the 18-acre site would be IUfficient. They felt stripe and pave was overkill. Ms. Michael felt the deletion of the words "paved" and "striped" would be satisfactory, The "improvement" could be some kind of decomposed ¡raphite instead of asphalt and paint. Commissioner Tuantino asked if the change in wording to "merchandise" was a problem. Ms. Michael answered negatively. Commissioner Tuchscher asked staff if the use of decomposed graphite or some other material less expensive than paving was at the discretion of the Zoning Administrator. How did the word "improved" work? Assistant planning Director Ia said there was a specifICation in the StaDdards which provided for a decomposed granite with a road oil mix that was good for one ¿~ ,-3~- PC Minutes -24- . October 27, 1993 year which was an interim-type paving which had been used. For the size parcel being considered, the standard paving might be difficult; staff had no objecûon to looking at the use of the decomposed granite and oil mix only for a one-year period, to be reviewed to determine the frequency of the use and how it was working. It would have to be renewed on a yearly basis, but might be the best soluûon, given the size of the parcel and locaûon. Principal Planner Griffm stated, that under the "improved" umbrella, staff could make that intetpmaûon, and the applicant could probably take issue with it as well. Commissioner Tuchscher concluded that it was the Zoning ,4dminiqrator's decision to make that determinaûon, and if the Zoning Administrator and the applicant came to a conflict, then it could be appealed. Answering Commissioner Tuchscher, Assistant Planning Director Lee said that decomposed granite, or something less than paved, would have to be renewed on a permit basis annually. The material itself is only good for a one-year period, as authorized by Code. The applicant would have to formally reapply and receive approval ftom the Zoning Administrator. The concern that the City Attorney had was that the Planning Commission was looking at an ordinance as part of the Code and trying to defme a paved suñace. The proposed amendments had just come in that afternoon, and staff had not had time to digest them. Mr. Lee recommended continuance of the item to review the changes and come back with a recommendaûon. Commissioner Tuchscher asked if an applicant could come forward with a variance to allow them to use the decomposed granite and oil road mix. Mr. Lee answered affmnaûvely, adding that it would be on a one-year basis, subject to review on a yearly basis. Commissioner Fuller quesûoned why it needed to be paved with decomposed granite, since it was out by itself and properly screened; why couldn't it be bladed and rolled and left dirt? Mr. Lee said it could be a consideration of the variance; it got back to City standards and how far the Planning Commi~sion wanted to drop those standards in consideraûon of the location. However, this was one operator, and although the circumstances may DOt be identical, another operator would use that as precedent setting. Senior Civil Engineer Ullrich stated that one reason for paving would be to cut down the erosion in the area. The area was somewhat billy. Cnmmi~sioner Ray uked Ü the applicant was opposed to continning the item. . . Ms. Michael was cc.ncerned with a conriml.""" because the SUP that was granted by the Redevelopment Agency gave them a 6-month period to conduct the aucûons and after 6 months they must cease ü this amendment did DOt happen. She felt that a contiml.nce would probably put that in jeopardy. Since this was a Code amendment and needed to go to City Council, they would accept the wording as it was and work with staff before the Cnn""iJ meeting. ¿r'>7 - 37~ .. ._._. ,_..___.~ _··____n____'__ __..._._. PC Minutes -25- October 27, 1993 Commissioner Ray did not want to put the McCormacks at a disadvantage because they were the fIrSt. He asked the City Attorney to give them some legal guidelines to leave the issue open in terms of the paving and the defmition. By the same token, be wanted leave the City some options. Assistant City Attorney Rudolf stated that the applicant was willing to take the risk that it could be worked out before going to Council. No one else wishing to speak, the public hearing was closed. Commissioner Tuchscher did not want to continue the item; the applicant's needs were different than the ordinance allowed; he was willing to support the changes suggested by the applicant regarding No. E with the word "improved"; he knew that created problems for the City Attorney but he felt they could be worked out with the applicant. Commissioner Tuchscher stated that was a motion, and Commissioner Ray seconded. Commissioner Ray conf1I1Iled that only No, E was being changed as it was worded on the letter from Peterson & Price to eliminate "paved and striping" and simply say "and improved to the satisfaction of the Traffic Engineer and Landscape Architect. " Commissioner Ray said what was meant by "improved" would be defmed by staff. Commissioner Moot asked if the išsue of it being paved was different from the issue of providing parking? He had heard the applicant suggest that maybe paving for 300 cars was not reasonable, but possibly paved parking for 15 or 20, and the requirement that the rest of it could then be "improved." He suggested that may be a way out of their dilemma. Chairman Martin felt that should be covered in the motion. Commissioner Ray stated that would be covered under "improved to the satisfaction of the TraffIC Engineer." Commissioner Salas asked for a restatement of the motion. Commissioner Ray suggested the motion be withdrawn and a DeW motion made. Commi.sioner Tuchscber withdrew his motion. . At Commissioner Ray's request, Chairman Martin reopened the public bearing. . . Ms. Micbael said they were willing to focus just on the paving and striping with the hope that they could convince the p¡anni", Commission to di=t staff that leaving it just dirt would be appropriate, or something far less than paving. They had taken another approach regarding the ntio, by calculating not on the net lot area of 18 acres, but on the sales area. That was a much ~-ç~ - 1ft) - PC Minutes -26- October 27, 1993 smaller area than the 18 acres, and if that ratio were used as a criteria, they would probably already meet it. They already had IS spaces that were paved and striped. They had not done the calculations on that but that would alleviate their coocem with the paving, if they could provide for a lot less spaces. Commissioner Ray asked if the sales area Ýaried based on the type of equipment IIDd the kind \ of deal they got on that equipment? Ms. MiclJaeI replied that Mr. McCormack can talk to that. Cnmmi~~ioncr Ray thought heavy equipment would take up a lot more sales area. Mr. McCormack stated that they got only a few pieces of large equipment, and there was a limit as to how much they could handle in one day. They normally took up about 4 acres with the sales area. And that's very loosely put so they can be removed without having to shuffle them around. He said they had paved parking in their main parking lot, which is in front of the building and the sales area; but they had a large parking lot which was only opeDed on sale day, and it is decomposed granite and gravel mix, which is known as Class 2 road base. It was an all-weather suñace. Commissioner Tuchscher thought the applicant had acquiesced on number 1. Ms. Michael said she acquiesced before she heard it would require a variance, and her client had already spent a lot of time and money pursuing the SUP and the amendment. Commissioner Tuchscher stated that with the amendment to Lot E, they would not require a variaDce. The Zoning Administrator could make that determination. That's the process? Assistant City Attorney Rudolf stated that, as he understood what staff was proposing, the ordinance would have requirements which would be capable of being subject to a variance. Whoever heard it, the Zoning Administrator, the plannil1g Commiu\on, or the Council or all three, had to make the findings for a variance, and those findings were very difficult to make. He was very uncomfonable with that requirement being in the ordinanœ. He did DOt think staff was prepared to give a good solid complete analysis of the pros and cons of those options. . C.nmmi..,\ODer Ray asked Mr. Rudolf what would lead him to the conclusion that the plannil1g Cc,mnniuion would not grant a variance, liven the discussion tbeyhad beard during two meetings? Mr, Rudolf answered that they would be setting legal advice from him that they must have facts in the record that would establish the findings that were required to be made UDder the Code and the State law, and those were difficult to find. ~/5Î - 4/- -. -'.--.-.------..---- .. -' PC Minutes -27- October 27, 1993 Commissioner Ray questioned whether this property would not fulfill those requirements? Mr. Rudolf stated that one of the requirements was that there had to be something pecu1iar about the property itself. , Com!"lissioners Ray and Tucbscher asked if location was not one of those? Or size? Mr. Rudolf said there bad to be something pecu1iar about the property. and maybe they were DOt going to be able to meet that flDding. Commissioner Ray asked who deflDed what is pecuIiar? Mr. Rudolf answered that they were the fact finders. Commissioner Ray noted that the Planning Commission had two options. They could continue the item or vote on it with just "improved." He would go either way. Commissioner Moot suggested that the planni!\¡ Commission move on PCA-93-01 as drafted. and let the staff during the time before the City Council meeting analyze the suggestions made by the applicant in E, F, and I, and then let the City Council determine whether those were appropriate changes. The applicant could move the item along, Assistant p annil1g Director Lee. concurred. Chairman Martin closed the public bearing. MS (Moot/Fu1ler) that based on the Initial Study, the plllnnll1g Commission make a finding of no significant environmental impacts and adopt a oegative declaration; adopt the resolution recommending the City Council add to and amend the portions of the Municipal Code as shown in the draft of the City Council ordinance with the recommendation that the applicant and the staff, during the time before City Council meeting, attempt to work out the language proposed by the applicant in their October 27th letter and re-raise the Issue with the City Council at that time. Associate Planner Miller asked if that included the ,tlMndum to the Initial Study? The answer was affirmative. ('nmmi~sioner Ray felt it put the applicant at a very big disadvantage by leaving the wording the way it was. The City should not be allowed to fon::e the issue on something that bad been there for many years. He bad a problem with the fact that the Commission bad gotten a letter that showed three significant issues for the applicant. Chairman Martin said that speUil1g as one person who was going to vote for this moûon. be felt that it was probably the most pragmatic thing to do. Staff received the letter that clay and bad DOt bad a chance to analyze it, there were some serious questions, the applicant was willing to ~ -~C/ -'1;)- PC Minutes -28- October 27, 1993 cooperate in a number of areas; it was obvious that they hadn't discussed it, but he did not feel it should be continued, Commissioner Ray stated there were sûll a lot of questions, and he would vote for a continuance. \ Commissioner Tuchscher thought item had been properly flagged so they could get it worked out prior to the Council meeting, VOTE: 6-1 (Ray against) . ¿ ~¿; / - t!-3, ~~ .__.m_.',.. .. .__.~. _,__·,._.....w .... __ ___._..._ - ~,-_._. .......-....--.....-. ------_._--~_._----- . . negative declaration ~ PROJECT NAME: Zoning Text Change for Automobile ,Auction. in the IP Zone PROJECT LOCATION: City-wide PARCEL NUMBER: Not Applicable PROJECT APPLICANT: City of Chul. Vi.t. CASE NUMBER: IS 93-24 A. Proi.ct Settina: , The proposed project is a text change to Title 19 of the Chula Vista .Municipal Code (Zoning Ordinance). The text change would result in changes to Chapter 19.46 of the Zoning ,Ordinance which sets forth land use standards for the (IP) zone--Industrial with a precise plan, The project would be applied city-wide, therefore, there is no specific project setting which would be impacted by the proposed zoning text change. Potentially, the text changes would apply to all IP zoned parcels within the ~ity of Chula Vista. B. Proieet De8criÐtion: . The proposed project consists of text change to Chapter 19.46 of the Chula Vista Zoning Ordinance. The city-initiated project would allow the auction of vehicles in the IP zone subject to a conditional use permit/special permit. The proposed project is in response to the Siroonian Settlement Agreement, which was executed on November 25, 1992. This out- of-court settlement resulted from litigation by property owners in the Otay Valley Assessment District. With implementation of the proposed project, specific language would be added to the Zoning Ordinance to set forth standards to allow the auction of vehicles in the IP zone subject to á conditional use permit/special permit. 'Presently, no automobile sales by auction are allowed in the IP zone. Auto salvage and wrecking operations are conditional uses in the IP zone. C. e~.tibilitv wi~h Zonina and Plan. Implementation of the proposed project would not create changes to underlying zoning or land use designations. The project would allow automobile auctions as a conditional use in the IP zone. The proposed project will not create change~{~ t -¿, ,:$ ~ - ~: ,-n; 4-4- _ City of lIIul. wilt. "Mini ...,.,ament CI1\' OF' envlrolllllental .... .ctIon. 0iUlA VISTA -2- to existing or adjacent land use designations. With compliance to the requirement that a conditional use permit/special permit be obtained for the proposed automobile auctions, the project will be compatible with underlying land use designations. B. Identification of BnviroDmental .ffeet. An initial study conducted by the City of Chula Vista determined that the proposed project will not have one or more significant environmental effects, and the preparation of an Environmental Impact Report (EIR) will not be required. A Negative Declaration has been prepared in accordance with Section.15070 of the State CEQA Guidelines. The following impacts have been determined to be less than significant: Land Use Imcacts: Land use impacts are associated with the potential for changes in present or planned land uses within the City with implementation of the proposed zoning text change. The proposed project would allow the auction of automobiles within the IP zone subject to a conditional use permit/special permit (see Attachment "A"). At the present time, automobile salvage and auto wrecking is allowed pursuant to a conditional use permit in the IP zone. Implementation of the project would increase the intensity of use currently allowed in this zone. Potential land use impacts associated with the proposed project are primarily land use compatibility impacts to surrounding land uses. The auction method of automobile sales are normally conducted outdoors. If site operations are not adequately controlled during auctions or sales promotions, compatibility impacts to surrounding land uses could occur. As a result, a conditional use permit or special permit must be obtained to allow the auction of vehicles in the IP zone. This would ensure that specific conditions be placed on future projects to address land use compatibility issues. With implementation of the requirement for a conditional use . permit/special permit for future, site-specific projects, . potentially significant land use impacts could be reduced to below a level of significance. ¿.--¿'"{ ---- ¡r- _ 4J ___ - ~--"--'- -_._,_..,-_._--,----_._------~~- -3- Traffic/Circulation ImDacts: Implementation of the proposed zoning text change is not linked to a specific project site at this time. Therefore, the analysis of potential traffic impacts cannot be site specific. However, it is anticipated that when the text change is implemented at specific sites, temporary traffic and circulation impacts could occur to the surrounding circulation . network during periods of peak activity. The auction of automobiles will generate additional vehicular traffic on an interim basis during auction activities. Therefore, the potential for traffic/circulation impacts could occur in the future. However, the analysis of traffic/circulation impacts would be required for future, site-specific projects. Traffic and circulation impacts would be assessed during the environmental review process for future, site-specific projects. At that time, the number of average daily trips expected and the impact to the surrounding circulation network would be calculated to determine whether significant traffic impacts would occur. . Therefore, traffic/circulation impacts associated with the zoning text change are deemed to be less than significant. Future site-specific implementation of the zoning text changes would be subject to additional environmental review, as well as a conditional use permit or special permit process. At that time, site-specific traffic/circulation impacts will be evaluated. Noise ImDacts: The proposed project would allow automobile auctions as a conditional use in the IP zone. As a result, the auction of automobiles could create potentially significant noise impacts during periods of auction activity. Potential noise impacts would be primarily associated with the use of loudspeakers,- the starting and stopping of automobile engines, and the generation of vehicular traffic to and from the auction site. Because no site-specific project is proposed, at this time, the zoning text change will not create any significant noise . impacts. However, future, site-specific projects will require additional environmental review to ensure that noise impacts are below a 'level of significance and that future projects comply with the Chula Vista Noise Ordinance standards. ~-t.' ~ 1-& .~ -4- Visual Imnacts: Implementation of the proposed zoning text change will not be implemented on a specific project site, at this time. However, visual impacts could occur with future projects, since the outdoor storage of vehicles could have an adverse visual impact on surrounding land uses. Future, site-specific projects will require additional environmental review, therefore, visual impacts are not deemed to be significant, at this time. In the future, as applications are submitted for site-specific implementation of the zoning text changes, visual impacts will be assessed on an individual basis to evaluate impacts to surrounding land uses. F. Mitiaation necessarv to avoid sianificant effects The proposed project is not associated with any significant, adverse environmental impacts, therefore, no mitigation will be required above and beyond the standard city requirements for the project. To ensure that project impacts are below a level of significance, the following mitigation measures shall be required. 1. A conditional use permit/special permit shall be obtained to implement the zoning text changes on a site-specific project basis. 2. An initial study shall be conducted for the site- specific implementation of the zoning text changes in the City. During the environmental review process, the Environmental Review Coordinator shall determine whether any technical studies are required to evaluate potential noise, traffic/circulation and visual impacts. Mandatorv Findinas of Sianificance: 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 ba. the potential to .Ub.tantially degrade the quality of the envirollDlant, .Ub.tantially reduce the habitat of a fi.h or wildlife .pecie., cau.e a fi.h or wildlife population to drop below .elf-.u.taiDing level.. . threaten to eliminate a plant or animal cOIIIIIIW1ity. reduce the number or re.trict the range of a rare or endangered plant or animal, or eliminate important example. of the major period. of California hi.tory or prahi.tory. ~ --¿.Ç' - Lf') - . ^ ..--... ...-.......-....--. - - -----~---_..~---- -5- The proposed zoning text change will not have any direct effects upon fish or wildlife resources, as well as cultural resources. Implementation of the proposed text changes on specific parcels of land will be subject to additional environmental review to ensure the project will not degrade the quality of the environment or affect fish or wildlife species or cultural resources. 2. The project bas the potential to achieve .hort-term enviromnental goals to the disadvantage of long-term enviromnenta1 goal.. The proposed zoning text change will not achieve short- term environmental goals to the disadvantage of long-term environmental goals. Implementation of the zoning text change will not create any changes to the physical or cultural environment. at this time. Future, site- specific projects will be required to undergo further environmental review to ensure that short-term goals are not achieved to the disadvantage of long-term environmental goals. The requirement that a conditional use permit/special permit be obtained to implement the zoning text changes on a project specific basis will ensure that land use compatibility is achieved. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, ·cumu1atively considerable· means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The proposed zoning text change is not associated with cumulative environmental impacts. The proposed zoning text changes will allow an intensification of land use wi thin the IP zone with the auction of automobiles. Future, site-specific implementation of the zoning text change will require submittal of a conditional use permit or special permit application, as well as additional environmental review. At that time, the potential for cumulative impacts will be assessed, and if it is determined that cumulative impacts would occur, appropriate mitigation measures will be implemented. .. The enviromnanta1 effects of a project will cau.e .ub.tantia1, adver.e effect. on buman being., either directly or indirectly. ¿-¿ç _If -- . -6- No human health impacts were identified in the initial study, therefore, it is not expected that the project could have any adverse effects upon the human population. Implementation of the proposed zoning text change will not have any direct impact upon human health. H. Consultation l. Individuals and Oraanizations City of Chula Vista: Maryann Miller, Planning Roger Daoust, Engineering Hal Rosenberg, Engineering Garry Williams, Planning Ken Larsen, Building & Housing Carol Gove, Fire Department Cptn. Keith Hawkins, Police Marty Schmidt, Parks & Rec. Chula Vista Elem. School District: Kate Shurson Sweetwater Union High School District: Tom Silva 2. Initial Study: This environmental determination is based on the attached Initial Study, any comments on the Initial Study and Negative Declaration, and reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, California 91910. ì1\A. ~,U!. C!. 1-1u.LU-'1 ENVIR '. NTAL REVIEW COORDINATOR . . ¿ ,-~ ? --4q- -- -~------------------ -7- DISCUSSION POR ENVIRONMENTAL CHECKLIST - APPENDIX I l. Earth The proposed zoning text amendment will not create unstable earth conditions or changes in geologic substructures nor create a change in topography or ground surface relief features. The zoning text amendment would be implemented city-wide to allow the auction of automobiles in the IP zone. Therefore, with implementation of the zoning text amendment, no adverse impacts to earth will be implemented. 2. Ail: The proposed zoning text amendment will not directly create an increase in air emissions. The textual changes to the Zoning Ordinance will allow the auction of automobiles in the IP zone, wi th a conditional use permit. Actual implementation of the text changes on a proj ect specific basis will require further environmental assessment at the project level to determine the potential for air quality impacts. At this time, no significant air quality impacts are anticipated. 3. Water The proposed zoning text change will not affect or be affected by water quality or water availability impacts. No significant impacts to water movements or resources would occur with implementation of the proposed zoning text amendment. Proposed uses which would allow automobile auctions would be permitted conditionally and would require further environmental review. Therefore, no water quality impacts will occur, at this time. 4,5 Plant and Animal Life The zoning text amendment to allow automobile auctions will 'not adversely impact biological resources. No project- specific biological impacts will occur with implementation of the proposed text amendment. However, once specific project sites are identified, further environmental review will be required to assess project-specific biological impacts. i,. Depending on the location of the proposed project site, biological impacts could occur. Therefore, at this time, no direct biological impacts are expected, however, project specific analysis will be required at the project level. ? --¿,Y _ 5'D -- - -8- 6. Noise No direct noise impacts will occur with implementation of the proposed zoning text amendment to allow automobile auctions in the IP zone. However, at the project level, noise impacts ~ould potentially occur with the use of loudspeakers during auctioning activities, as well as, the increase in traffic generation that could occur during sales promotions. Because automobile auctions would be a conditionally permitted use and because additional environmental review will be conducted on a project-specific basis, noise impacts are not significant, at this time. 7. Licht and Glare The proposed zoning text amendment will not directly produce new sources of light and glare. The proposed project will allow automobile auctions as a conditional use in the IP zone, which when implemented on specific sites could create light and glare impacts. Because these proposed uses would be subject to additional staff and public review, once specific sites are proposed. light and glare impacts are not significant, at this time. 8 . Land Use The proposed zoning text amendment would allow an additional type of land use within the IP zone than currently exists. Potential land use impacts are associated with the issue of compatibility with adjacent uses. The zoning text amendment provides textual changes to Chapter 19.46 of the Chula Vista Zoning Ordinance to allow automobile auctions as a conditional use in the IP zone. Therefore, in order for the proposed project to be implemented in the future on specific parcels of land, an applicant would be required to submit a conditional use permit/special permit application and undergo further environmental review. These processes would, in affect, ensure that the issue of land use compatibility is addressed and that specific mitigation measures are implemented to reduce land use impacts to below a level of significance. . . ¿{, ~¿; 7 _5'""/- _ __" __._... .n _.."__,'_'--__"-"___U_' _.,____,___~__.... , -9- 9. Natural Resources The proposed text amendment would not create a substantial increase in the rate of use of any natural resources. Any proposed projects in the future will be subject to the conservation requirements that are a standard component of the . City's permitting procedures. 10. Risk of UDset The proposed change to the Chula Vista Zoning Ordinance will not involve the use of any hazardous materials nor be associated with any hazardous waste issues. The regulation of hazardous waste is handled by the County of San Diego Hazardous Materials Management Division (HMMD). The potential for risk of upset impacts at the project level would require compliance with HMMD's standards for the safe handling of hazardous substances. Therefore, any future project implemented as a result of this zoning text amendment would be subject to standard County permitting procedures. Risk of upset impacts are not deemed to be significant, at this time. 11. PODulation The proposed zoning text amendment would not create a substantial change to the demography of the City. The proposed project would allow automobile auctions in portions of the City (IP zones) where these uses are not currently allowed. However. implementation of the zoning text amendment will be conditionally permitted subject to additional site- specific environmental review. population impacts are not anticipated for implementation of the project at a site specific level, however. 12. Housina Implementation of the proposed project at a site-specific level is not expected to create significant changes to the . existing housing stock within the City. The areas where this text amendment could be implemented is limited in scope to the IP zone. Therefore, the scope of the ZOI)ing text amendment is relatively small and will not create a significant increase in the need for additional housing nor affect existing housing stock within the City. ~-lo _ ~;;L- -J.o- 13. TransDortation/Circulation No direct traffic/circulation impacts are antil:"ipated with implementation of the proposed zoning' text amendment. However, as future projects are proposed for specific parcels of land, traffic impacts could occur. By allowing automobile auctions as a conditional use in the IP zone, there could be additional traffic generated, especially during actual auction activities and sales promotions. The potential for traffic/circulation impacts will be required to be assessed on a project-by-project basis, once an application is submitted to the City to implement the proposed zoning text amendment at a specific locale. Impacts to the surrounding circulation network will be addressed during the environmental review process that will be required in order to implement the zoning text change on a specific piece of property. Therefore, no significant traffic/circulation impacts will occur with implementation of the proposed project. 14. Public Services A) Fire Protection: Implementation of the zoning text amendment will not create direct impacts to fire safety or fire flow requirements. Implementation of the zoning text changes on specific parcels will require compliance with standard Chula Vista Fire Department requirements. No adverse public services impacts pertaining to fire protection will occur with the proposed project. S) Police Protection: Implementation of the zoning text amendment will not create direct impacts to police services. Implementation of the zoning text changes on specific parcels will require compliance to Chula Vista Police Department requirements. Therefore, no adverse public services impacts pertaining to police protection will occur with the proposed project. C) school Facilities: Implementation of the proposed zoning text amendment will not create direct impacts to school facilities. Implementation of the zoning text changes on specific parcels will not create a need for new school . facili ties. Therefore, no' adverse public services impacts pertaining to school facilities will occur with implementation of the proposed project. & ~? / _ :;-3 - .-".---- - ._~._-------_.__.__. ~-- -11- D) Parks/Recreation: Implementation of the proposed zoning text amendment will not create direct impacts to parks and recreational facilities. Implementation of the zoning text changes on specific parcels will not create a need for new recreational opportunities or facilities. Therefore, no adverse public services impacts pertaining to parks/recreational facilities will occur with implementation of the proposed project. E) Maintenance: Implementation of the proposed project will not create a need for additional maintenance. Future site-specific projects will be environmentally assessed to determine the potential for increased public facilities maintenance requirements. Therefore, at this time, no public facilities maintenance impacts will occur. F) Water: Implementation of the proposed project will not create a need for additional water resources, since it will not create an increase in water consumption. Future site-specific projects will not create a significant increase in water consumption, therefore, the proposed project will not create water impacts will occur. 15. Enerav The proposed zoning text ,amendment will not require the use of substantial amounts of fuel or energy resources. Implementation of the project on specific parcels will not create a need for substantial amounts of energy, therefore, the proposed project is not associated with any substantial energy impacts. 16. Comnliance with Threshold Standards , Fire/EMS The Threshold Standards require 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 casès. This Threshold Standard does not apply to the proposed zoning text amendment, .ince no specific project implementation will occur, at this time. . ¿, ~ /,2 _ 5""+" -12- Police The Threshold Standards require that police units must respond to 84% of the 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 62.1 % 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. This Threshold Standard does not apply to the proposed project, since no site-specific implementation is proposed, at this time. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project is not subject to this Threshold Standard, since no site-specific project implementation is proposed, at this time. Parks/Recreation The Threshold Standards for Parks and Recreation is 3 acres/1,OOO population. The proposed project is not subject to this Threshold Standard, since no site- specific project implementation is proposed, at this time. Drainage The Threshold Standards require that storm water flows . and volumes not exceed City Engineering Standards. . Individual projects will provided necessary improvements consistent with the Drainage Master Plan (s) and City Engineering Standards. The proposed project is not subj ect to this Threshold Standard, since, no si te- specific implementation is proposed, at this time. &--?y -~~- --.".. --..-.-- '.'-'-"'----'- . -.. ,--_._-----_.~,--_._~- -13- Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individ~al projects will provide necessary improvements consistent with Sewer Master ,Plan (s) and City Engineering Standards. The proposed project is not subject to this Threshold Standard, since no site-specific implementation is proposed, at this time. Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and construction. The proposed project is not subject to this Threshold Standard, since no site-specific implementation is proposed, at this time. Once future sites are proposed, applicants would be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. 17. Human Health The proposed zoning text amendment will not create any human health hazards. Potential risk of upset impacts associated with the handling of hazardous materials will be required to comply with the standard procedures of the County Hazardous Materials Management Division. Assessment of potential health impacts would be undertaken on a project-by-project basis. Therefore, implementation of the proposed project will not create any significant impacts to human health. 18. A.esthetics Implementation of the proposed zoning text amendment will not result in the obstruction of any scenic vista or view open to the public nor will it result in the creation of an aesthetically offensive site open to the public. However, site-specific implementation of the zoning text amendment to specific, IP-zoned properties could result in visual impacts to surrounding uses. , ¿-?i _S-b~ -14- Therefore, visual impacts will be assessed on a project-by- project basis to ensure that adequate screening of the automobile auctions occurs or other mitigation measures are undertaken to reduce potential visual impacts. 19. Recreation The proposed project will not create the need for additional parks or recreational facilities. Implementation of the zoning text amendment to allow automobile auctions in the IP zone will not result in any impacts to the quality or quantity of existing recreational opportunities within the City. 20. Cultural Resources The zoning text amendment will not result in the destruction or alteration of any prehistoric or historic archeological site. The potential cultural resource impacts which could occur at a project-specific level will require further environmental review to assess the sensitivity of a parcel of land for cultural resource impacts. Therefore, at this time, no significant cultural resource impacts will occur. 21. Mandatorv Findinas of sianificance The proposed zoning text amendment does not have the potential to degrade natural or cultural resources. The project will not have short-term to the disadvantage of long-term environmental impacts. The project is not associated with any cumulative impacts. Nor will the project have environmental impacts which will cause adverse effects to ,human beings directly or indirectly. Implementation of the proposed project will be environmentally assessed on a project-by- project basis. Additional staff and public review will also be undertaken during the conditional use permit process. . Therefore, the environmental determination is that a Negative Declaration be prepared for the proposed project. . . &-75 - S1 - ."....._.._---.._~ - ATTACHMENT A ORbINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 19.04, 19.46 AND 19.58 OF THE MUNICIPAL CODE TO ALLOW AUTOMOBILE AUCTIONS IN THE I-P ZONE SUBJECT TO A CONDITIONAL USE PERMIT WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifically address automobiJes aucti¡;¡ns as either a permitted or conditional use, and ' WHEREAS , the Siroonian Settlement . pursuant to Agreement ("Agreement") , the City agreed to process a text amendment to consider "the lien sale of impounded vehicles automobile auction, to occur in an I-P designated zone subject to securing a conditional use/special permit" (Item II.B, page 6 of the Agreement) , and WHEREAS, good zoning principles suggest expanding the limited definition of automobile auctions in the above definition to include the broader generic category of all forms of automobile auctioning, and therefore the definition is recommended by staff to be expanded, and WHEREAS, on April 21, 1993, the Planning Commission approved Resolution PCA-93-01 to recommend that Council enact the proposed : text amendment by the vote of ?-?, and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-93-24, of potential environmental impact associated with the proposal and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-93-24. NOW, THEREFORE, The City Council of the City of Chula Vista does ordain as follows: SECTION I: That the Project, PCA-93-01, 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. SECTION II: That Section 19.04.015 is added to the Chula Vista Municipal Code to read as follows: Section 19.04.015 Automobile Auction . "Automobile Auction" means the auctioning and aale of vehicles (including heavy machinery) to the highest bidder, including, but not limited to, the lien sale of impounded automobiles, insurance auctions, auctions by a governmental agency or auctions for, to or by automobile retailers. i-?? -S-f..-- Ordinance No. Page 2 SECTION III: 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 I 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 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. Automobile 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 ,\IICIIE\PIoAIIKIIIG\IIMTUI~\".lCC . ( II) ¿--77 - iJC¡ - "-- .---..-----...--...- - -_.~--_._._--~ ..._-~_._.,.__.__. Ordinance No. Page 3 that materials stored are not piled higher than said screen; G. Any other use which is determined by the commission to be of I 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 k. Automobile Auction. subiec:t to the Drovision of Section 19.58.075. and onlv where the "P" Precis Plan modifier has been a'O'Clied. SECTION IV: 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. exceDt as 'Crovided under Section 19. S8. 075 for automobile auctions. Said wall may be replaced with a fence subject to department approval. SECTION V: That Section 19.58.075 is added to the Chula Vista Municipal Code to read as follows: 19.58.075 Automobile Auction A. Use shall only be allowed in the I-P (General Industrial- Precise Plan) Zone. B. Storage areas shall be screened pursuant to Sections 19.46.130, 19.58.147 of the Zoning Ordinance. C. The application shall include a parking study justifying the amount of storage and parking provided. Off-street parking . \IIIIIE\PUllŒIR!:\IWtTIJI\A~\n01CC, DIU> j-?Y -100, Ordinance No. Page 4 . shall be provided in accordance with the standards of Chapter 19.62. The Planning Commission may impose higher parking requirements, if the parking study and/or the public health and safety so require. If complaints are filed with the City / regarding impacts related to off-site parking, the project shall be modified to add additional parking for employees and customers by reducing the auction vehicle storage parking area. Compliance with the reduction of vehicle storage parking and addition of employee and customer parking on-site is subject to the review and approval of the Planning Director and Traffic Engineer. Failure to resolve such off-site public parking problems shall be grounds for revocation of the conditional use permit. D. The application shall include a traffic study at the discretion and to the of the Traffic Engineer. Ingress to and egress from the site shall be designed, installed, and maintained so as to minimize traffic congestion and hazards, to the satisfaction of the City's Traffic Engineer. E. Automobile Auctions shall be held a maximum of once per week with a minimum of one week lapsing between auctions. F. Automobile auctions shall be held between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Weekend auctioning is prohibited. G. All areas designated for parking or storage shall be paved and striped to the satisfaction of the Traffic Engineer and the Landscape Architect. H. The project shall be landscaped to the satisfaction of the Director of Planning, pursuant to Section 19.46.120 of the' Zoning Ordinance. I. The use of outdoor loud speakers is prohibited. J. All automobile auctioning shall be conducted entirely within a completely enclosed building. It. The repair or ' dismantling of automobiles on-site is prohibited. . L. All plans (site plan, floor plan, landscape plan, etc.) shall . be prepared by a Registered Landscape Architect, Civil Engineer, Registered Architect or other person of comparable registration and qualification, as approved by the Director of Planning. .\JICME\~_\MM~\nD1CC,CIIU) b r 7C¡ -(PI - " '__..o_____.._ ____.___ _____..~.____..__ .__._..._..________"._ Ordinance No. Page 5 SECTION VI: This Ordinance shall take effect and be in full force and effect' on the thirtieth day from and after its adoption. Presented by Approved as to form by ~ . Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney , . . \IICME\P1.AIINIJIG\IWtT%II~=\UOI CC, DID t -?'tJ - (p;).. -- . -- , APPLICAT~ON CANNOT BE Ar._ _flED UNLESS SITE PLAN TOR OFFICE USE IS FOLDED TO FIT INTO AH 8-1/2 X 11 FOLDER Case No. ::$ -13-0.2'1, . Deposit -. DP Ni: A ,. INITIAL STUDY Receipt No. NI Date Rec'd ~, 'tJ . City of Chuh Vista Accepted by ~"" Application Fonn Project No. fo'A I v A. IACKGROUND 1. PROJECT TITLE ZO i lK,*in.a.n.lt. WI''''+ -ÅI.dÐ li~1'I Setlt~ Z. PROJECT LOCATION (Street Iddress or description) .iJ'/.,g2 -C3.¡. t. fl/-/9Z-/t> Assessors 800k, Page & Parce1 No. ~-¡.,)iAL 3. 8RlEF PROJECT DESCRIPTION A "LDr1ìn. ~+ l.l'\ð VI~L. 4Ð ,pt'f~I4: ~ ~ \o\/! \..l c,... II II.J!\.J ~ P ....JL..L LÛ 1\ <" It. 1)( w..pOLLK4id If' k( ~ . 'VI +kQ.. I-'þ "Z..0;r~~~'~W I~von~~. 4. Name of Applicant Address 2...~ ~ ~' '1IJP Phone ~ . '5>?>bD City .cJH' \4 VI~ State t.A- Zip 9fCTIO S. Name of Preparer/Agent ~ 41'\1''\ Mil.k.~ Address ~~ Av.t.1'I. vL Phone ~ .~)O City \' State -;;;."'- Zip ~;;¡ Relation to Applicant _£l-wif'Ot'l ~"\Jiew ~~~ 6. Indicate all 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 a Arch.Review ___ R.dev.'oplent Agency ___ Variance ___ Project Ar.a Committ.e D.D.A. ___ Coastal Development . Use Pennit . ~ Oth.r .;Z-~ -ru+ C.1t4~e. P.nnit ' ," ",'. b. [nc10sures or documents (IS required by the [nviron.entI1"vi.w Coordinator). . . ___ Grading Plan ___ Arch. [levations ___ MYdr010gical StudY ___ Parcel Map ___ Landscape Plans ___ 8iologica' Study __ Pr,cise Plan ___ Tentative Subd, Map ___ Archaeologica1 Survey ___ Specific Plan ___ Improvement Plans ___ Noise Assess.,nt ___ Other Agency Permit ___ Soils Report ___ Traffic lapact Report or Approva1s Requir.d ___ Hazardous Vaste ' ___ Other Assesslltnt VPC 0413P/.4UP ·1· ~ ---?/î - (p 3, 0 , B. PROPOSED PROJECT - No-+- Appl iCAbl~ _ pI'Pju.-+- ,~ W'\þT Sl~ ~pe.4'c.. , 1. I. ~rla: sq. footage or acreage . If d area to be dedicated, stat. acrlage Ind purpose. b. Does the oject involve the constructton of new butldings, or will existtng tructur.s be uttltzed? 2. Complete thts section f,project is residential. I. Type development: ingle family Two f.ily 0 Multt flmily Townhouse CondODltniUIII b. Total number of structur c. Maximum height of structur d. Number of Untts: 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms Total untts e. Gross density (DU/total Icres) f. Net density (DU/total Icres minus Iny g. Estimated project population h. Estimated sale or rental price rlnge 1. Square footage of structure j. Percent of lot coverage by buildings or structures k. Number of on-site parking spaces to be provtded ' 1. Percent of site in road Ind paved surface 3. Complete this section if project ts commercial or industrial or mixed W· - rvO-+ AwtiC04.D(.Q. . p.-i>cf'--+- \$ v\,* os.i.u.. -,.¡x.c4fi c.. . 10 Type(s) of land use ' b. hoor Irea Height of structure(s) c. Type construction used in the structure d. Descrtbe major Iccess potnts to the structures and the - ortentatton to adjo g properttes and streets e. Number of on-site parktng spac provtded . f. Esti.ated number of employees per . IUlbtr of shi fts Total g. Esttmated number of customers (per day) and h. Esit.ated number of deltvertes per day ~-y~ ~t/-- "PC 0413D"459P -1-- - . . . 1- ted range of service area and basis of estimate ioU- j. not in enclosed buildings k. Hours of operation 1- Type of exterior lighting 4. If project is ~ residential, cOIIIIIerc ia 1 or industrial complete this section. I. Type of project ZDv..·I~~I'LAIHe. ~~~ b. of flc111t1es prov ded c. Square e enclosed structures 1ùD't kp lÀ r.4 Þ u.. d. Height of structur - maximum e. Ultimate occupancy load of t f. Number of on-site parking spaces to g. Square feet of road Ind paved surfaces h. Additional project characteristics C. PROJECT CHARACTERISTICS 1. If the project could result in the direct emission of Iny lir pollutants, (hydrocarbons, sulfur, dust, etc.) identify them. N/A 2. Is Iny type of grading or exclvation of the property ant1ciplted ~o (If yes, complete the following:) I. Excludin, trenches to be backfl1ledA how ..ny cubic lards of earth wi 1 be exclvated? t.J J b. How "ny cutiic ,IrdS of fill will be pllced? N/A c. How much Irel (sq. ft. or acres) will be graded? Ñ/A . d. What will be the - Maxiau. depth of cut rlJA . Average depth of cut " Maximum depth of fill " Averlge depth of fill It ¿'--ð5 _ &J',- WPC OC13p/9CS9P -3- ..._--.--- .. ~-_..--..._--- ..........-.-.-..---. . 3. Will there be any noise generated from the proposed project site or . from points of access which lIay illlpact the surrounding or adjacent . 1and uses? N I A . 4. Ðesclibe all energy consuming devices which are part of the proposed project and the type of energy used (air ~ndit10nlng, e1ectrica1 app11ance, beating equipment, etc.) ~I S. Indicate the amount of natura1 open space that is part of the project (sq. ft. or acres)' NI A .. If the project wil1 resu1t in any emp10yaent opportunities describe the nature and type of these jobs. N /  , . 7. Will highly flammable or potent1l11y explosive .ateria1s or substances be used or stored within the project site? p..) I Pc 8. How lIany estimated automobile trips, per day, w111 be generated by the project? !'J / A t. Describe (If any) off-site improvements necessary to illplement the project, and their points of access or connection to the project site. Improvements include but not limited to the fo11owing: new streets; street widening; extension of gas, e1ectric, and sewer 11nes;, cut and fil1 slopes; and pedestrian and bicyc1e faci1ities. rJ/A· D. DESCRIPTION Or ENVIRONMENTAL S(lTING 1. Geoloov Has a geology study been conducted on the property? f'JfA (If yes, please attach) Has a Soils Report on the project site been lIade? ~I /Ir (If yes, p1ease attach) ,2. IImWw .' - .. " Are any of the fo11owing features present on or adjacent to the .ite? .., I ,. (If yes, p1ease exp1ain in detal1.) . a. Is there any surface evidence of . sha11 ow ground water tab1e? fo,) I A. b. Are there any waterçOurses or drainage illlprovtlDlnts on or . adjacent to the .ite? Ñ/Io "PC 0413p/I4Sgp -4- ø-~L) - & ¿ , . - '. c. Does runoff from the project site drain directly into or toward . a domestic water supply, lake, reservoir or bay? t>JJA . d. Could drainage from )he site cause erosion or siltation to . adjacent areas? rJl e. Describe III drainage facilities to be ,rovided and their location. ~ / A . 3. IW1 a. Are there any nohe sources in the project vicinity IffIich .ay t.pact the project site? ~/~ 4. ~ ao Is the project site in a natural or partially natural state? 1oJ/* b. If yes, has a biological survey been conducted on the property? ~/~ Ves 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) will be removed by the project. ~I ~ S. Past US! of th! Land a. Are there any known historical or archeological resources located on or near the project site? ~ I II<' b. Are there any known paleontological resourc,es? ~I 4 c. Have there been any hazardous .atertals disposed of or stored on or near the project site? ~I  . . d. IIhat WIS the 1and previously used for? ~J fJ{, . ~,~ ?5 _ (p f) ~ IIPC 0413p/84S8P -5- ",., , _____________ ___ . 5. Curr@nt Lind Use . Describe .'1 structur~ .nd 1.nd uses current'y existing on the .. project site. IA- b. Describe a" structures and 1and uses current'y eXisting on adjacent property. . N/~ North South [ast West 7. Soch' .. Are there .ny residents on site? (If so, how .any?) NI^- b. Are there .ny current emp'oyment opportunities on site? (If so, how many .nd what type?) .J/ ~ 8. P1ease provide .ny other information which .IY assist in the eVI'ultion of the proposed project. .::n.......pyO~ ~ "Z-o \0'\' I Vf ðo::l,Á V\A.~ (!J.. ~ C)"- IJ .... ~ ,~ ~~ ~~~ ~£~~.,fu["*'i ~<I'I ~~,^<4-h"'. ~-~~l<~~. A<tJ a i:j·\I''V'Ie.n- Å f or ~ i l Æ ~ ~-1~+~. .' -- -, . , d-?? ..-- (pJ- VPC 0413p/iCS9P -&. - . , , 'I' C£RTlFICATlON .. . I, or Owner/owner in escrow* J, _~ ill'! '" VJ..\11 ~r ~'~\A~ (Û.Vu.w~~ Consultant or Agent- HEREBY AFFIRM, that to the best of IIY belief, the statements and inforlllat ion herein contained are in all respects true and correct and that all known information concerning the project and its setting has been included in this application for an Initial Study of possible environmental illlpact and any enclosures for attachments thereto. DATE: I . ~. Cf~ *If acting for a corporation, include capacity and company nllte. . . ¿.~~? - ~q- IIPt 04J3p/1459P -7- ,-.'.-.-...-.,--. ^ -...- ----'-"--'- - .-----------..-- ---.--- - " . . . ATTACHMENT TO MISCEyu.NEOUS REQUEST APPLICATION Recruest EXÐlanation: '1'0 amend the permitted use. in the I-P Zone to include the lien aale of !arounded vehicle.. Such a use include., but is not limited to, the public auctioning and private aale of vehicle. which have been impounded purauant to the proviaion. of the California Civil Code and which are . thereupon aold in accordance with those provision. to aatisfy any and all liens upon such vehicles, including, but not limited to, lien. imposed for the cost of towing and atorage. . . . ¿~~ _ 10- .- . Case No. /6- CJ3- ~t/ CITY DATA F. pLANNING DEPARTMENT . 1. Current Zonino on site: ~ - tv L.Cti. c-. -¡:: P JOI..c..:( ~L North " South ........ ........... East West "' Does the project conform to the current zoning? 2. ~eneral Plan land usé ~w¡p.i designation on site: North , .......... South " . East West .J..- Is the project area designated for conservation or open.space or adjacent to an area so designated? II...L -' It-ÞI- tl.f-p-f.œ n Jill Is the project located adjacent to any scenic routes? ~ I (If yes, describe the design techniques being used to protect or .nhance the scenic quality of the route.) . 3. ~hoo 1 s If the proposed project is residential, please complete the following: Students Permanent Temporary Current Cenerated ~chool . CIDlcitv CIDlc1tv Jnro11mnt Frðnt Pra1ê~t £l....ntary Jr. High Sr. High 4. Remarks: . n{¡),~ /2...tUL Q,}.",.I J ¡to( })(,¿¡-tc~ ~/ /9 9} Director of Panning or Representative Date VPC 0413p/i4S9P -8- ~~õ? _ 0/- -....-- .-....-.-_.._---------_.-- Cue No. ¡5-t¡3-(Ør/ H. fiRE DEPARTMENT . 1. What is the distance to the nearest fire staliOn? 6DJf what is the Fire Department's estimated reaction time? \ II f',çc.., , . 2. Will the Fire Department be able to provide an adequate 1evel of fire protection for the proposed facility without an increase i~ equipment or personnel? \I;ç~ { 3. Remarks '- (I._t " ... , , . , ~ . 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Deterwinltion (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a 11gnificant eff.ct on the .nvironment, and a NEGATIVE DECLARATION will be pr.par.d.......~)C) I find that although the proposed ~roject could have a 11gn1ficant .ffect on the .nvironment, there w11 not be a 11gnificant effect in this case because the lIit1gation ..asures described on an attlched Iheet have been Idded to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED........................·.....················.....[ ] . I find the proposed project MAY have I significant effect on the .nvironment, and an ENVIRONMENTAL IMPACT REPORT is required........[ ] ,;> ,~ (;, 9"'? ...11 . \ 1(.{ W-J.. Date Signature For p, t2J.J'J . . . liPC 0413p/g459P -25- ~-9? _ 1}4 ;- .'. ..--------_.._---_.~-_....__.,---- ..-.---- . . DE MINIMIS FEE. rERMINATION (Chapter 1706, Statutes of 1990 - AS 3158) ...:í It is hereby found that this project involves no potential for an{ adverse .ffect, either individually or cumulatively on wi dlife resources and that . ·Certificate of fee Exemption· shall be prepared for this project. _ It is hereby found that this project could potentia11y illpact wildlife, individually or cumulatively and therefore fees in accordance with, Section 711.4 (d) of the fish and 'PI Code shall be paid to the County Clerk. ..:)'\t )'It t t-Ù "- d'l7-b' 'T'3 Environmental Review Coordinator Date '. "PC 0413p/9459P -26- ~'-1 r ~v ' ./ aw ,.<J"-L ~. ~ '-fJtuM ðf lo/~/q3 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 01/18/94 ITEM TITLE: Resolution /7:5 ¿. / Approving the donation of eight (8) surplus Oak Card Catalog files to the Sweetwater Union High School District. ~ SUBMITTED BY: Deputy City Manager ~omson JI REVIEWED BY: City Manager~~ ~~? (4j5THS Vote: Yes___No-X-) The Library has replaced the eight card catalog files that contained 3" x 5" cards listing all the books available with the automated on-line public access catalog. The files were originally ordered on August 1975 and were custom manufactured for Library use. The files are presently in Central Stores for disposal. RECOMMENDATION: That Council approve the donation of the card catalog files to the Sweetwater Union High School District Libraries. BOARDS , COMMISSION RECOMMENDATION: Not applicable DISCUSSION: The card catalog files are eighteen (18) years old and still in good condition for their intended use, library book cataloging. Offering the files for sale to the private sector would probably create no interest as two of the files have a total of 84 drawers front and back and six of the files have a total of 120 drawers front and back. The Chula vista Elementary School District and Sweetwater Union High School District were contacted regarding possible purchase for use in their libraries. The Chula vista Elementary School District did not have a need but Sweetwater did need the catalog files. Carmen Clark, Director of curriculum stated that they had no funds available for the purchase and requested that they be donated for cataloging their books. The School Distr ict would pick up the files and deliver them to the schools if donated by the city. Section 2.56.250 (Supplies, materials and equipment no longer used _ Disposition procedure) of the Municipal Code states that "the purchasing Agent may transfer such equipment when the estimated amount involved is less than $5,000 to approved civic or social agencies with the approval of the city council, upon the recommendation of the city Manager in those cases where it is deemed by the city Council that such a disposition of property would best serve public interest." Since the files were specifically built for library use and the High Schools have a definite need for the card catalog file, staff recommends approval of the donation. 7-/ ~._._"_. _ ______ __~__"_'___"_,.w___~____'_'_~__~__ Page 2, Item '7 Meeting Date 01/18/94 FISCAL IMPACT: The files could be taken to auction with no guarantee that they would be sold. It is estimated that the City would receive only $25 to $50 each and staff costs to take them to the auction could exceed the revenue. The donation of the files will thus not be a loss to the city but will be a gain for the High School District. 7-;( _...__..~.,__________~".,·__.m_·___ R~SOLUTION NO. /? J (.,. / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DONATION OF EIGHT (8) SURPLUS OAK CARD CATALOG FILES TO THE SWEETWATER UNION HIGH SCHOOL DISTRICT WHEREAS, the Library has replaced the eight card catalog files that contained 3" x 5" cards listing all the books available with the automated on-line public access catalog; and WHEREAS, the files were originally ordered on August 1975 and were custom manufactured for Library use and are presently in Central Stores for disposal; and WHEREAS, the Chula vista Elementary School District and Sweetwater Union High School were contained regarding possible purchase use in their libraries; and WHEREAS, the Chula vista Elementary School District did not have a need, but Sweetwater did need the catalog files, although they have no funds available for the purchase and requested that they be donated for cataloging their books; and WHEREAS, section 2.56.250 of the Chula vista Municipal Code states that "the Purchasing Agent may transfer such equipment when the estimated amount involved is less than $5,000 to approved civic or social agencies with the approval of the city Council, upon the recommendation of the city Manager in those cases where it is deemed by the city Council that such a disposition of property would best serve public interest"; and WHEREAS, since the files were specifically built for library use, and the High Schools have a definite need for the card catalog file, staff recommends approval of the donation. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby approve the donation of eight surplus Oak Card catalog files to the Sweetwater Union High School District. Pr...ntoo by . 7J:1' m :!) James R. Thomson, Deputy city Bruce M. Booga c~ty Manager Attorney C:In\oolœard 7-:] .-. -,.~....~-, - -_."-~----,. - COUNCIL AGENDA STATEMENT Item~ Meeting Date: 1/18/94 /7J4:J... ITEM TITLE: Resolution Waiving the formal bidding requirement for supplies and awarding contract to Walt Rankin and Associates to provide playground equipment for the Hilltop Park p,rovement Project SUBMITTED BY: Director of Parks and Recrri,¥-- REVIEWED BY: City Manager -J<1 ~~ (4/5ths vote: Yes_ NoX) On October 5, 1993, Council awarded a contract to Clancy Construction to construct the Hilltop Park Improvement Project. The alternative bid item for playground equipment was rejected because the cost of the playground equipment proposed by the contractor was $40,200, versus the $29,950 proposed by a vendor, Walt Rankin and Associates has been selected by a citizen committee to provide the play equipment for this project. RECOMMENDATION: That Council determine that, in accordance with Chapter 2,56 of Chula Vista Municipal Code 2,56.70, competitive bidding is impractical; and award a contract to Walt Rankin and Associates for the purchase of play equipment for Hilltop Park, in the amount of $29,950, BOARDS & COMMISSIONS RECOMMENDATION: Not Applicable, DISCUSSION: The Hilltop Park Improvement Project contract was awarded to Clancy Construction on October 5, 1993 (See Attachment A), The work to be performed included the demolition of the existing restroom, existing playground equipment, construction of a new restroom, and playground area, in a more visible area off the main parking lot; slope restoration, landscaping and new hardscape to meet Americans with Disabilities Act (ADA) standards, During the project design process, the option to select and install the play equipment was left flexible, and placed in the scope of work as a bid alternate, This approach was utilized for two reasons: 1) a limited capital improvement budget; and 2) potential cost savings that would be realized by separating the cost of the play equipment from the CIP, In order to select a play equipment vendor, the Department's Landscape Architect issued and received Requests for Proposals (RFP's) from five equipment vendors (See Attachment "6"), The proposals were evaluated and reviewed by a citizen committee composed of Hilltop Park residents, The committee included Gene and Irene Otto, Lucy Aginiga, and the Landscape Planner. The Committee unanimously selected the proposal submitted by Walt Rankin and Associates as the most desirable for the project. Attachment "C" is the vendor breakdown, The play equipment specifications were then folded into the construction document as a bid alternate, Although the price of Rankin's equipment is more than the other vendors, Rankin met 17 of the 18 requirements htoplay.a13Uanuary11,1994J g-J ..."_...._.,....__..._-~_._..._..._~._,------,-_._--~-..---.. 2 Item ~ Meeting Date 1/18/94 in the Request for Proposals, Further, the citizen committee believed the type of equipment provided by Rankin was preferred over the other vendors, In comparing the advantages of subcontracting directly with Walt Rankin and Associates, at a cost of $29,950, versus Clancy's alternate bid of $40,200; it was evident the City would receive the same equipment for less money by subcontracting with the vendor, The difference between the two bids is attributable to the contractor's profit and overhead added to the equipment cost. In other words, profits are realized by both the contractor and vendor supplying the equipment, if the equipment is purchased through the construction contractor, In this particular case, staff is bypassing the profit margin realized by the contractor, by only paying the profit to the equipment vendor, When Council awarded the bid to Clancy Construction, a decision was made not to include the playground equipment (due to the higher cost), and to re-evaluate the alternative bid, and possibly purchase the playground equipment through another approved ClP Project, Playground Equipment (PR-183), thus realizing a potential savings, The Department is recommending that Council waive the formal bidding procedure to select the playground equipment, and determine that it is impractical to use the formal bidding, because: 1. The construction of the Hilltop project is currently underway, and a time delay to allow for re-bidding the play equipment contract, could cause undue financial hardship to both the contractor and the city, 2, An RFP process was used to select this equipment, and the bids submitted delineated comparable prices among the responsive vendors, 3, A citizen committee reviewed, evaluated and selected this equipment. 4, There is a 25% savings in the cost of the total project, realized by awarding a contract to the vendor directly, 5, The City Attorney's Office has reviewed and approved staff's recommended procedure, This particular CIP (Hilltop Park Renovation Project) required a transfer of funds from the Memorial Park and Los Ninos Restroom project. When the contract was awarded, staff was directed to seek funds to replenish the monies that were transferred from the Los Ninos restroom renovation project. The Department will return to the Council in three weeks with a funding recommendation that could include the use of Community Development Block Grant Funds and Park Acquisition and Development monies, FISCAL IMPACT: A savings of $10,250 will be achieved by subcontracting directly with the recommended vendor, Funding for the playground equipment is available in PR-183, Playground Equipment. Attachment A - Council Report of October 5, 1993 ~ Attachment B - Request for Proposals ~C~i} Attachment C - Vendor breakdown ~~ htoplay.a13Uanuaryll,1994 ?-- e2 .--.....---.... -- -------~,-_._._._-_._..~-_.__. RESOLUTION NO. / 73 t;< RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING REQUIREMENT FOR EQUIPMENT AND AWARDING CONTRACT TO WALT RANKIN AND ASSOCIATES TO PROVIDE PLAYGROUND EQUIPMENT FOR THE HILLTOP PARK IMPROVEMENT PROJECT WHEREAS, on October 5, 1993, Council awarded a contract to Clancy Construction to construct the Hilltop Park Improvement Project; and WHEREAS, the alternative bid item for playground equipment was rejected because the cost of the playground equipment proposed by the Contractor was $40,200 versus the $31,605 proposed by the vendor; and WHEREAS, Walt Rankin and Associates, was selected by a citizen committee to provide the play equipment for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby determine in accordance with Chula vista Municipal Code section 2.56.070 that competitive bidding is impractical and waives the formal bidding in order to purchase equipment and award the contract to Walt Rankin and Associates in the amount of $31,605 to provide playground equipment for Hilltop Park. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed t execute said contract for and on behalf of the city 0 Chula vi pr..ented bY. d a-¡; r by Jess Valenzuela, Director of Bruce M. Parks and Recreation Attorney F:\home\oIIomcylhilltop,bMI , 15-:] _ _.. ___,__.__._____u_._______.·.____·___·_,·_~___·_________ - Attachment A-I . ~p . CITY COUNCn, AGENDA STATEMENT . , , ~ Item Meeting Date 10/5/93 ITEM TITLE: Resolution Waiving immaterial defect, Accepting bids and awarding contract for the construction of Hilltop Park, Phase I improvements in the City ofChula Vista, CA and reappropriating $51,892 from CIP Projects PRI52-Los Ninos Restroom and PRl68-Memorial Park Phase n to PR175 Hilltop Park Improvements, ~ SUBMITTED BY: Director of Public Works Director of Parks & Recreatic(Æ., REVIEWED BY: City Manager (4/5ths Vote: Yes X No_) At 2:00 p,m, on August 25, 1993, in the Public Services Building, the Director of Public Works received six sealed bids for the construction of Hilltop Park, Phase I Improvements in the City of Chula Vista, CA. Of these six bids, the bid from Clancy Constructors was found to be the lowest bid, RECOMMENDA nON: That the Council approve the resolution waiving immaterial defect, accepting bids and awarding contract to Clancy Constructors in the amount of $257,192 and reappropriate funds from PR152-Los Ninos Restroom and PR168-Memorial Park Improvements Phase II to PR175-Hilltop Park Improvements, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: , Funds for the construction of phase I improvements to Hilltop Park were included in the FY 1992-93 CIP Budget (PR-175), The work to be done included the relocation of the existing restroom, slope restoration, concrete work, irrigation system and landscaping, The project was advertised as a base bid with 15 major items of work plus three additive alternatives for optional inclusion within the contract. These additive alternates were the play equipment, the park monument sign and the park rules sign, Environmental Status . The City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, Section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act. Prevailinll: Wall:e Statement The source of funding for this project is the Park Acquisition and Development Fund, No prevailing wage requirements were necessary as a part of the bid documents, Compliance with Federal and State minority and women owned business requirements was unapplicable to this project. However, disadvantage business enterprises were encouraged to participate, As a result, two sub-contractors, .-/ g>..!? _._....__..- _ _~~___·__..__··.n_. Attachment A-2 Page 2, Item Meeting Date 10/5/93 Uribe (landscaping) and Roch Enterprises (concrete work) are MBE, and Rebel Iron Co, (miscellaneous metal work) is a WBE. Bid Results On the bid opening date, bids were received from six contractors as follows in order of the lowest base bid fIrst: CONTRACTOR Base Bid Result 1. Clancy Constructors Co" EI Cajon, $ 257,192,00 2, Castello, Inc" Escondido $ 308,200,00 3, Western Landscape" San Diego $ 323,124,00 4, LR Hubbard Const., San Diego $ 342,945,80 5, Carolyn Scheidel Co" La Mesa $ 387,618,00 6, Heffier Company, Inc" San Diego $ 393,881.00 The low bid received from Clancy Constructors Co, is above the Engineer's estimate of $250,353 by $6,839 or 2,7%, Staff has reviewed the low bid and recommends awarding the contract to Clancy Constructors, Clancy Constructors have not done work for the city in the past however, they have recently fInished two parks projects for the City of National City on time and within budget. Our project includes three additive alternative items: A) play apparatus ($40,200), B) park monument sign ($6,500), and C) park rule sign ($3,200), Due to a lack of available funds, staff does not recommend including the additive alternatives A and B with the awarded contract. Staff proposes to include the play apparatus (A) as part of PR183 - Playground Renovation - Phase II and alternative C at the cost of $3,200,00 could be added as a change order if contingency funds are available after the project is completed, If contingency funds are not available, staff will identify alternative funding sources for the park rule sign, Clancy Constructors did not show in their proposal some items with the lump sum prices written in words, however, they did write the complete proposal in figures (Exhibit A), Clancy Constructors also made a mistake in entering item No, 8 "Site furnishings" as only $576 in fIgures with no written words instead of $ 6,576, however, the contract total sum reflected their actual fIgure of $6,576, This fIgure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 (see attached spreadsheet), Clancy Constructors will not do the work for the lesser figure as the fIgure provided was a clerical error and the total bid amount included the higher amount. Staff recommends that Council waive these irregularities in Clancy's bid and fmd it immaterial based on the following: 1, Unit prices written in words are needed in case of disparity between the sum prices shown in fIgures and words, In case of disparity, unit prices in words shall prevail and take precedence, In this case, the lack of written prices did not provide an advantage to the low bidder. 2, The typographical error in Item No, 8 was consistent with other bids received for this item and with the total sum shown on the bid proposal and it also does not provide an advantage to the low bidder, ¿¡v~ tf:, ---.---- --.-'---..-.--------- ------- Attachment A-3 Page 3, Item Meeting Date 10/5/93 , Additional Funds Reauired To award the contract to the low bidder, and provide the necessary funding for the project contingencies and staff inspection cost, an additional $51,892 is required, The Parks and Recreation Department recommends reallocating funds from Los Ninos Restroom Project-PRl52 and Memorial Park Phase II-PRI68, The impact will defer the completion of a new tot lot at Memorial Park and construction of a new restroom at Los Ninos, The major work for the Memorial Park Phase II is improvement to a stage area, The new restroom facility will not be impacted, This work will be completed in FY 93-94, Additional funding sources will be sought to replace funds for the Memorial Park tot lot and Los Ninos Restroom in the 1994-95 CIP Program, Attached is a copy of the Contractor's Disclosure Statement. FINANCIAL STATEMENT: FUNDS REQUIRED FOR CONSTRUCTION L Contract Amount $ 257,192,00 2, Contingencies (approx, 10%) $ 25,000,00 3, Inspection Staff $ 12,500,00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 294,692,00 FUNDS AVAILABLE FOR CONSTRUCTION L Park Acquisition and Development, PR-175 $242,800,00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 242,800:00 ADDmONAL FUNDS REQUIRED 1. Park Acquisition and Development, 600-6004-PR152 $22,570,00 2, Park Acquisition and Development, 600-6004-PRI68 $29,322,00 ADDITIONAL FUNDS REQUIRED $51,892,00 FISCAL IMPACT: Reallocation of PAD funds from PR152 and PR168 will defer construction of a new play area at Memorial Park and a new restroom at Los Ninos Park. After construction, only routine City maintenance amounting mainly to cleaning and landscape maintenance will be required, Attachments: Contractor Disclosure Statement Exhibit A Bidder's Spreadsheet SA: JR..()67 g-'7 WPC F:\HOMEIENGINEERIAGENDA\billIop,con .-"----_.._"._,._.__._----~._--~--- . . Attachment A-4 - , . I THE CITY OF CBULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign þ contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all otbcr official bodies. The following information must be disclosed: I. List the names of all persons haviug a financial interest in the property which is the subject of the application or the c:ontract, e.g., OWDCl, applicant. contractor, subcontractor, material supplier. Alan Clancy- Contractor , 2. If any person· identified pursuant to (I) above is a corporation or panncrship, list the names of all iudividuais oWDÍug more than 10% of the shares in the corporation or oWDÍug any partnership inteæst in the partnership. 3. If any person. identified pursuant to (I) above is DOn-profit organization or a trust, list the names of any person serving as director of the DOn-profit organization or as trustee or beneficiary or trustor of the trust, , . 4. Have you had more than $250 wonh of business transacted wilh any member of the City staff, Boards, Commi«ions, Comminees. and Council within the past twelve months? Yes_ NtKL If yes, please indicate person(s): S. Please identify each and every person, includiug any agenlS, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter, A. Wade Clancy 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or pwo:dil18 e1ettion period? Yes_ No xx If yes, Itate which Council member(s): · · · (NOTE: Attach addItloaaJ pqes . Date: AUClust 25. 1993 Signature of contractor/app icant . Clancy Constructors - S-----y Print or type name of contractor/applicant . llluI! Is IIjIrwtlGS: "AII)/ _vi'¡""¡, /I"'" tt>-pø""<rrlùp, jt1/rrl_, _..., ",diIIdMb, þaunIIJI "".,..wui"', ",,_II..., -', 1nIS1, ....,¡..r, 1yPI4i_, IIrIs /lll41111 1 oW, ØHI1Ily, d'Y /11I4 CØIIIIlry, dty ""';dpøli'Y, tliSlr/a, III' oW, pølilil:tlllllbtliv/sl.... III' ""1 øIIter _III' ""mb/Mli... e<lln,GS e _,,- ,- . Attachment A-5 - - . - - ., . - E)(H\ß\\ A . , BID PROPOSAL . To the Honorable Mayor and City Council Df the City Df Chula Vista. The undersigned declares that he has carefully examined the plans and speçifications for: . HILL TOP PARK, PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA '. (PR-175J . and that he has examined the location of the proposed work and has read the accompanying instruction:> tD bidders. and hereby proposes to furnish all materials, and do all the work required to complete the said work in acçordance with said plans. specifications, and Special Provisions for the unit price or lump sum set forth in the following schedule. The contractor has sixty (6QJ working days (excluding 90 - c?Jendar day establishment period) to complete the project. The cor,tractor shall bid on the base bid plus additive alternatives IA. 8, C. & D). The City has the right to award the Contract to the lowest responsible bidder for ANY COMBiNATION of the Base Bid with or without Additive Alternatives. The City reserves the right to award the contract. which may include any or all alternatives and ma'y be 10 contractor n01 submitting the lowest base bid. For example: 1. Base Bid only 2, Base BiCil plus Additive Alternate B 3. Base Bid plus Additive Alternates A & C -- APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS ' FIGURES BASE BID 1. loS. Clearing and Grubbing and Disposal of Existing Improv- ments . CDmplete ~ -Ih~ fh~l}f!..hIUJJJ-eJJ;t'/J/~~ $ /0. Q5"1. Lump Sum L.S. , ? . L.S. Surveying and Staking· _. . 'g'"-1 - Complete F:'".¿ fkllwSw4 ~~1;"M'f -l?Af4[ Uk $ 51~ , LLlrTì )_~um~.&:_.__ ..,______ ~__M. . Attachment A-6 - . . APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS FIGURES . . Bid Proposal Form (còntinued) - 3. L.S, ,Site Grading - Complete -(~..s~ tt........; .... ~ NIy-r<lO cJ,ft..= . d-"l \ ,Ç" ¡ , Lump Sum L.S. 4. L.S. Sewer and Water Services - Complete - -tWO -{t¡ok~ jJ (1¡~ ~~ $io~ $a~OI Lump Sum L.S. 5. L.S. . Site Drainage Systems - Complete i 5~k~~~ra-~~~$bq¡~ I I Lump Sum L.S. 6. L.S. MiscellaneDus Concrete Work Complete , $ $ ~~ ~l~ Lump Sum L.S. - ,: L.S. Play Area (Excluding Equip- ment) - Complete ~~ ~ ~Ç~(~¡"4y~7~;-$ ctll~ $~~ Lump Sum L.S. . - 8'-/ ¿) . --....-.-..--,.".- - -'..--.--. ___..n__'_··_ -~,""'''',.,''''''''''' ." ~.~'~ '. L' ',- '~ - ,- Attachment A-7 - - . , APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS FIGURES . . Bid Proposal Form (continued) - a. L.S, Site Furnishing - Complete . /5lfo $ . Lump Sum . L.S. . 9. L.S. Chainlink Fencing - Complete $ $ ?,?ffl Lump Sum L.S. 10. L.S. Miscellaneous Tubular Steel Items - Complete $ $ L{ 0/~ Lump Sum L.S. 11. L,S, Restroom Building and Trash Enclosure - Complete $ $~7Y~ Lump Sum L.S. 12. L.S, Site Electrical - Complete $ :1:iQq7 Lump Sum L.S. .' .. - , . ?f'~ / / -- ---_._-,--,--,_._',._-,-~,._-,._----"~_..--------,--..,-- --.-- Attachment A-8 . . \ . ~ APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ,ITEM QUANTITIES WRITTEN IN WORDS FIGURES " I Bid Proposal Form (continued) 1 ',13. L.S. Irrigation System· CDmplete $ $rr;pL/ Lump Sum L.S. 14. L.S. Landscape Finish Grading Planting - Complete $ $309\7 Lump Sum L.S. 15. L.S. 90 . Day Establishment Period· Complete $ $~l Lump Sum LS. -z.5 \/ ,~z. . Of) ~c... CoicONTMCT\Hu. TOPI,PHS l~o . Dt1~ ~ . . .. ?~/c:¿ ------"..-.-........-..---..- ..-.-...---.-~.--- .,--_.~--_....._------,.._--"".- , ..... - Attachment A-9 . . Clancy Constructors - APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS FIGURES Bid Proposal Form (continued) ALTERNATE AREAS 16. L.S. Additive Alternate A (Play Equipment) - Complete fiá.fy tíw£ØóJ-fwo W4 çbl~ .40:200 . Lump Sum L.S. , 17. L.S. Additive Alternate B (Park Monument Sign - Complete S»(ttw~ ~Je~ ~1!o.r5 $~.506, L.S. . Lump Sum 18. L.S. Additive Alternate C (Park Rules Sign - on Posts) -Complete . .3~ Lump Sum L.S. ,-/q ,9{)0 r f GRAND TOTAL BASE BID PLUS THREE AL TERNA TES ~+ L{~ 900.::- .~ ( ~ 5"} ( , 2 ,DO t it i -; 00 30 , I 0' "2- "..C C:ICONTIIACT\HLLTOPI.PIIS . .. g-~ /3 ---- _____".__.______n· __"._._._.,_...._.._.___.__.~._ ------_.-- Attachment A-1IQ - - . , Proposal (Continued) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within the ten (10) working days after having received nDtice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Chula Vista, Licensed in accordance with an Act providing for the registration of Contractors, License No. n/R/nC:R ~~':\C;?, . License· Expiration Date 1-31-94 , Contractor's State License Classification A- Enaineerina. B- Building, ASB-Asbestos Signature of bidder: Individual Alan Clancy (If an individual, so state. If a firm Dr co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corpDration, also names of President, Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) 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(Y., J /, .>" _ ¡¡¡ >'>-I4t g: :z: - '" M'" '" ~I"" ~ ... - - - - - - - - - 0 '/ if . ___,__._______n __m_ _._.._.~.___,. ."_,..______~,_._____ ~ELL THOMlJON A S L A & A OCIATES I N C CITY OF CHULA VISTA HILLTOP PARK - PHASE 1 IMPROVEMENTS REQUEST FOR PROPOSALS ' PLA Y AREA EQUIPMENT March 29, 1993 Dear Play Equipment Company Representative, The City of Chula Vista Parks and Recreation Department is requesting design and cost proposals for furnishing and installing new play equipment in a play area to be constructed at Hilltop Park. This is an informal proposal request, not a formal RFP, The goal of this process is to select a manufacturer and model for a play structure and other miscellaneous equipment to be specified on the plans, These plans, which will be advertised for bid sometime in May, are currently being prepared by Nowell Thompson & Associates, Proposals will be evaluated by a committee which includes Parks and Recreation Department staff and the landscape architect. Two to three finalists will be selected from all proposals received. The committee will then interview the finalists with the goal of selecting a single supplier for the equipment. However, if the committee feels that it is in the best interest of the City, it may choose to select two or more suppliers to be specified for portions of the total equipment package. The Proposal will be evaluated by the following criteria: 1. Best value for the budget allowance that meets the program criteria. Gregory L Nowell, ASLA Brian L. Thompson, ASLA 2. Experience and reputation of company, Jon L Powell, ASLA 3, Quality, durability, and low-maintenance of equipment. ~. Your proposal should include the following materials for evaluation by the committee: . Plan view of the equipment layout at 1 "= 1 0' or 1 "=8' scale with all components identified. A layout of the play area has been provided for Landscape Architecture your use. Equipment ~ fit within the area as shown, with the Land Planning appropriate clearances as required by ADA and CPSC guidelines, Overall and other important dimensions shall be shown, 9444 BALBOA AVE., STE, 100 Specifications and design requirements for the equipment package SAN DIEGO, CA 92123 are given on a separate page attached to this RFP. (619) 571-7855 FAX(619) 571-7934 g>/7' ,- -- ATTACHMENT B-3 III.OWELL THO M . SON A 5 L A &. A~SOCIATES I N C CITY OF CHULA VISTA HILLTOP PARK - PHASE 1 IMPROVEMENTS SPECIFICATIONS AND DESIGN REQUIREMENTS FOR PLAY AREA EQUIPMENT PACKAGE March 29, 1993 1. No wood components are allowed. 2. No exposed galvanizing is allowed. 3. All equipment must meet all applicable ADA (Americans With Disabilities Act) and CPSC (Consumer Product Safety Council) requirements and guidelines, and all other applicable codes. 4, The equipment package shall consist of: 1) a main structure or cluster; 2) a swing set with four (4) swings; and 3) four (4) "spring riders", 5, The main structure or cluster shall include following components as a minimum: Disabled Child Transfer Point Three (3) 5' High Decks" 6'-6" High Deck" Double Spiral Slide Tube Slide 5' High Slide 3' High "Wide" Slide 5' High "Wave" Slide Suspension Bridge Steering Wheel Two (2) 3' High Decks" Horizontal Ladder Fireman's Pole Panels, Guardrails, And Handrails Two (2) Additional Climbing Experiences Two (2) Other Creative Play Experiences for younger children " Numbers of each deck height may vary, but total number of decks should equal that shown, 6, Main play equipment structure shall incorporate challenging play experiences for M- children from 4 through 9 years old, and be designed to minimize play conflicts between different skill levels, g,,¡ý ,-- _ATTACHMENT B-2 ~OWELL THO M . SON A S L A & A.SOCIATES I N C Hilltop Park Play Equipment RFP March 29, 1993 page 2 · An itemized cost proposal, including installation costs, for all play equipment components. Total budget, including installation, for the package is $30,000.00. · Actual catalogue pages for all equipment components, showing color photographs of the actual equipment configuration being proposed. If the play structure is a custom configuration, a three-dimensional representation is required with your submittal. · Complete material specifications for the equipment being proposed, including, but not limited to: size and weight of members, finishes, coatings, type of plastic materials, connecting hardware, available colors, warranty, etc. Three (3) oriQinal copies of your proposal are to be delivered to: Nowell- Thompson, ASLA & Associates, 9444 Balboa Avenue, Suite 100, San Diego, CA 92123 no later than 5:00pm. on Wednesday, April 7, 1993, Late proposals will not be considered. Please address any questions you may have concerning this RFP to Greg Nowell at Nowell- Thompson & Associates, (619) 571-7855. We look forward to receiving your proposal. Attachments: Play Area Layout Equipment Specifications Concept Plan Of Play Area Vicinity Map ~. ?,/~ __.__.__.'___ ,_...,_.,,_____.... .__ .__,·___.,.·_..__._..·._..·.__..·...~~,·,___._.__._n·.. Attachment C-l CITY OF CHULA VISTA IDLLTOP PARK - PHASE I IMPROVEMENTS COMPARISON OF PLAY EQUIPMENT PROPOSALS 4/8/93 Walt Rankin David Bang Landscape Hanson Pacific Design & Associates Associates Structures & Associates Concepts Miracle Playworld Sys, L'Scape Struct. Park Structures Iron Mtn, Forge Compliance With Requirements ofRFP Disabled Yes Yes Yes Yes Yes Transfer Point 6'-6" High Yes No No,(1)6'High No,(1)6'High No Deck 5'High Decks Yes yes ,(4) NO,(2)4'8"High NO,(2) No,(1)5'4" & (3) (2)4'0" 3'High Decks Yes Yes,(4)3'0" & No,(1)2'8" & No, (1)2'8" & No, (I) 3'0" & (2) (3) 4'0" (2)3'4" (1) 4'0" (3) 2'8" Double Spiral Yes No, (2) singles No, (1) Single No, (1) single No, (1) single Slide Tube Slide Yes yes yes yes Yes,(2'8"High) 5' High Slide Yes Yes No yes Yes 5' High Yes Yes Yes (4'8"high) Yes(6'High) No,(Double 'Wave' Slide 4'High) 3' High yes Yes Yes (3'4" high) Yes, (3'4" high) No, (2'8" high) 'Wide' Slide Suspension Yes Yes Yes Yes Yes Bridge Steering Wheel Yes Yes Yes Yes Yes Horizontal Yes Yes Yes Yes Yes Ladder Fireman's Pole No Yes Yes Yes Yes Add'L Climb, Yes (2) Yes, (3) Yes (2) Yes (3) Yes (3) Experiences Add'!. Play Yes (6) Yes (2) Yes (2) Yes (2) Yes (4) Experiences Panels & Yes Yes Yes Yes Yes Guardrails Swing Set (4 Yes yes Yes Yes Yes swings) Spring Toys Yes Yes Yes Yes No (3) (4) ?~.20 u_ Attachment C-2 Equipment $20,579 $22,000 $19,392 $15,380 $18,854 Price Installation $6,578 $4,500 $6,200 $6,100 $6,800 Cost Sales Tax $1,595 $1,705 $1,503 $1,192 $1,461 (7,75%) Freight $1,198 $ 1,400 $1,017 $1,254 $1,092 Total Bid Price $29,950 $29,605 $28,112 $23,926 $28,207 SPECS. Poles Powder-Coated Powder-Coated Powder-Coated Powder-Coated Powder-Coated Galv, Steel Galv, Steel Aluminum Galv, Steel Aluminum Decks PVC-Coated PVC-coated Galv, PVC-Coated PVC-Coated PVC-Coated Galv, Steel Steel Galv, Steel Galv, Steel Galv, Steel Slides Rockite Low-Density Low-Density Medium-Density Polyethylene (H,D, Polyethylene Polyethylene Polyethylene Polyethylene) Guardrails Powder-Coated Powder-Coated PVC-Coated PVC-Coated PVC-Coated Galv, Steel Galv, Steel Galv, Steel Galv, Steel Galv, Steel Warranty' Structure-lO yrs Structure-15 yrs Structure-l0 yrs Structure-12 yrs Structure-lO yrs Slides-6 yrs Slides - 5 yrs Slides-5 yrs, Slides - 5yrs Slides-5 yrs, Hardware-l yr Hardware-l yr Hardware-l yr Hardware-l yr Hardware-l yr Spring Toys-5 Spring Toys - 25 Spring Toys-3 yrs Spring T oys- 3 Spring Toys-3 yrs, yrs yrs yrs * Warranties cover structural failures only, not cosmetic issues ?Jr) J --..-------...- - .~._--_.._._._._-,--_."--------_..__._.._...--- CITY COUNCIL AGENDA STATEMENT Item 9 Meeting Date 01/18/94 ITEM TITLE: RESOLUTION /7.J t; Adopting Mitigated Negative Declaration IS- 93-39 for Otay Valley Road South (Construction of Otay Valley Road Phase III Improvements and Reconstruction of the Bridge Crossing Otay River) SUBMITTED BY: Director of Public Works Wtu,( r- c, / Community Developme~irector L ' REVIEWED BY: City Manager~ þ-I,ð ¡J ~ (4/5ths Vote: Yes _ No _XJ BACKGROUND: A Final Environmental Impact Report dated August 10, 1991 was certified and a project approved for construction of improvements to Otay Valley Road from 1-805 to the southerly end of the curve on Dtay Valley Road at the easterly City boundary (Phases I and II), Those improvements are currently under construction. Subsequent to approval of that project, the County bridge crossing Otay River was washed out during the 1993 winter storms, The County has initiated emergency efforts to replace the bridge, In compliance with the California Environmental Quality Act, an Initial Study was conducted for this action, as well as for City initiated improvements to the portion of Otay Valley Road from the terminus of the proposed Phase II improvements to the bridge and from the bridge south to the Otay Rio Business Park. The bridge reconstruction and associated roadway improvements are identified as Phase III of the overall roadway improvements. Since no significant unmitigable impacts were identified, a Mitigated Negative Declaration was prepared, The County and City have agreed that the City of Chula Vista is the appropriate Lead Agency for this environmental documentation. The Mitigated Negative Declaration is being brought forward for approval by the Council at this time without any project approval required by the Council since the portion of the project that is currently moving forward is the County's bridge construction activity, RECOMMENDATION: That the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed improvements. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The Dtay Valley Road South (Phase III) project is an extension of previously approved improvements on Dtay Valley Road from 1-805 to the City's eastern corporate boundary. The project consists of the County of San Diego constructing a 26' wide and 80' long bridge, The City of Chula Vista will ultimately widen the bridge to 12 feet on either side so the total width will be 52 feet. The City of Chula Vista is also proposing to construct roadway improvements that will accommodate the proposed bridge and tie it into the approved improvements for Phases 9~/ _._-.- -.._._..,.._._-~-----"-_. Page 2, Item Meeting Date 01-18-94 I and II of the overall Otay Valley Road project. These roadway improvements will consist of widening of the existing two lane road to three lanes; two 12 foot wide southbound lanes, one 12 foot wide northbound lane, a center median and 5 foot wide northbound and southbound bike lanes. Potentially significant impacts were identified in the areas of biological resources and geotechnical concerns, An archaeological survey was conducted for the project and failed to locate or identify any significant cultural resources in the project area. Biological resources in the area include wetland habitats and coastal sage scrub, A mitigation plan has been established and permitting for streambed/habitat modification is being sought through the Army Corps of Engineers, the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The conditions placed on the project by these agencies will be incorporated into the mitigation monitoring program attached to the Mitigated Negative Declaration, Geotechnical concerns include stability and the potential for hazardous materials. Mitigation for these concerns includes adherence to the recommendations of geotechnical and hazardous materials site assessment that are required for this project. Mitigation measures for the project include: Geotechnical · Removal or recompaction of unsuitable earth materials · Installation of debris fences to control erosion and sedimentation · Conduct a soils and hazardous materials investigation Biological Resources · Compensate for the loss of wetland habitat within the river valley to at a ratio of 2: 1 · Protection of native habitat areas by fencing or other methods · Revegetation of manufactured slopes and other disturbed areas · Monitoring of grading activities to assure that no impact to endangered or sensitive bird species occurs during construction. · All other conditions imposed on the project by the Army Corps of Engineers, the U.S, Fish and Wildlife Service and the California Department of Fish and Game A Mitigation Monitoring and Reporting Program has been prepared and is attached to the Mitigated Negative Declaration. This Program will be implemented throughout project construction and during maintenance of revegetation area to ensure that mitigation measures are appropriately carried out. r-.¿ _._--~ -.-...."- ... -_.._._-_.__.,._---,._---,-,._.~---. -_.._"-- Page 3, Item Meeting Date 01-18-94 FISCAL IMPACT: The fiscal impact for this action, adoption of the Mitigated Negative Declaration, totals $595 for permit processing fees to the California Department of Fish and Game. The project has been included in the 1993/94 CIP with $150,000 budgeted for construction of Phase III roadway improvements, with TRANS NET as the financing source. These estimated costs do not include the County's reconstruction of the bridge or the City's subsequent widening of the bridge. [C:IWP51 ICOUNCILI113SIOV -ROAD, 1131 [MONACOIDISK#1 IOV -ROAD, 1131 éj-3/9-i ----,- : RESOLUTION /73&3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-93-39 FOR OTAY VALLEY ROAD SOUTH (CONSTRUCTION OF OTAY V ALLEY ROAD PHASE ill IMPROVEMENTS AND RECONSTRUCTION OF THE BRIDGE CROSSING OTAY RIVER) WHEREAS, the County of San Diego proposes to replace the bridge crossing atay River; and WHEREAS, the City of Chula Vista proposes to construct improvements to atay Valley Road to accommodate the replacement bridge and extend the widening of Otay Valley Road southerly to the atay Rio Business Park; and WHEREAS, an Initial Study was conducted for the proposed improvements identifying no significant impacts that could not be mitigated by the proposed mitigation measures; and WHEREAS, the Environmental Review Coordinator determined that an Environmental Impact Report was not required for the project; and WHEREAS, a Mitigated Negative Declaration was prepared and posted according to the requirements of the California Environmental Quality Act. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby fmd, order, detennine and resolve to adopt Mitigated Negative Declaration IS-93-39, PRESENTED BY: VEO At tk ç&~~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney [C:IWP51 ICOUNCILIRESOSIOV -ROAD,RESl [MONACOIDISK#110V-ROAD,RES] 9-5/CJ-6 .,...... ---,------_.~---- ._~---~_._._.._-~_._~_._. MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (?O[!'!1![Q) Attn: Doug Reid Annette J Evans, Clerk D OCT 0 8 1993 NOTICE BY OEPU OF PROPOSED MITIGATED NEGATIVE DECLARATION (FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the Citv of Chula Vista is considering a recommendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of State CEQA guidelines, A copy of the Negative Declaration (finding of no significant impact) and the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010, These documents are available for public review between the hours of 8:00 a,m, and 5:00 p,m" Monday through Friday, Anyone wishing to comment on the proposed Negative Declaration should provide their written comments to the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910, This proposed finding does not constitute approval or deniai of the project itself; it onlv determines if the project could have significant environmental impact. Projects which could have significant impact must have an Environmental Impact Report prepared to evaluate those possible impacts in compliance with Section 15064 of State CEQA Guidelines, If you wish to challenge the City's action on this Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence. For further information concerning this project, including public hearing dates, please contact Barbara Reid at (619) 691-5101- This notice is required to be filed with the County Clerk's office for period of not less than thirty (30) days, ASSESSOR'S PARCEL NUMBER: 644-040-40,27;644-050-02,06,07,08,09; 644-060-04; 644-181- 04,24,25,26,33 PROJECT LOCATION: From the southerly end of the curve on Otay Valley Road at the easterly City boundary to the northern boundary of Otay Rio Subdivision (approximately 700 feet south) PROJECT DESCRIPTION: A Proposal to construct a 52' wide and 80' long bridge at the northernly end of Otay Valley Road and to widen the existing road to permit 2 lanes in a southerly direction and 1 northerly lane from the southerly end of the curve on Otay Valley Road at the easterly City boundary to the northern boundary of Otay Rio Subdivision DECISION MAKING AUTHORITY: Redevelopment Agency INITIAL STUDY NO, IS-93-39 ftUI¡) I. '11'1. OJ'YICE 011' THE COUWTY OLBRK, DATE: October 8, 1993 UN DI'I{i() OOU.TY ON ocr 0 8 199,J lì.J!1MOVED NOV Ò 8 1993 p~urocr g a 199J ft:!TUJòlll!\D TO AGBNCY ON 11-0'1-'13 DJlPUTY ~ 7Ý~(~i(;J ~e-<e// ~-7 )1-8 /1../ ~-,~"------,-_.._..._--~.._---- --- _._.,._----_.__.._.--~ - Mitigated Negative Declaratio PROJECT NAME: Otay Valley Road South (Phase III) PROJECT LOCATION: From 500 feet west of easterly City limits to northerly limits Otay Rio Subdivision ASSESSOR'S PARCEL NOS,: 644-040-40,27; 644-050-02, 06, 07, 08, 09; 644-060-04; 644-181-04, 24, 25, 26, 33 PROJECT APPLICANT: City of Chula Vista CASE NO: IS-93-39 DATE: October 7, 1993 A, Proiect Setting Otay Valley Road currently exists in this area as a two-lane road, On the south side of the road is open space and the Otay River. Figure 1 shows the project vicinity. The bridge over the river was washed out during the-winter storms of 1992-93, and has not yet been constructed, The General Plan designation for the roadway area is open space, and most of the .surrounding area is in open space, A designation of Research and General Manufacturing is located adjacent to the southwest portion of the roadway, This area is presently developing as Otay Rio Business Park, Figure 2 shows General Plan categories in the project area, Otay Valley Road, as it proceeds to the west, is currently scheduled for widening and other associated improvements, This construction is expected to begin in October 1993, The,north-south segment of the road, the subject of this Negative Declaration, is an extension of this project, B, Proiect DescriDtion The Otay Valley Road South (Phase III) project is an extension of previously approved improvements on Otay Valley Road from 1-805 to the northern limits of this project and is within the 100 year FEMA boundary, This project is located at the southerly end of the curve on Otay Valley Road at the easterly City boundary to the northern boundary of Otay Rio Subdivision (approximately 700 feet'south, The project consists of the County of San Diego constructing a 26' wide and 80' long bridge, The City of Chula Vista will widen the bridge to 12 feet on each side so the total width will be 52 feet. A bike lane, in addition to three traffic lanes (two southbound lanes) and a painted island are proposed, Both sides of the proposed 52' long and 80' wide wood bridge will need to be elevated as will the road to a height of 32" higher than previously, except for a roadway dip to convey the river flow which will periodically be inundated or washed out. The project includes the construction of necessary drainage facilities to convey ~~~ - ~ r_J~--: ........- - city of chula vista planning department -CIlY OF- q environmental review section CHULA VISTA ¡ - /1-3 - -_.._-----------,-~.._-_.. ..-..--- ----- adequately from the roadway, Steel columns will support the bridge in order to allow the river to be free flowing instead of the previous situation of the river running through the pipes under the bridge, Other improvements include curb, gutter, street lights, and drainage improvements, The discretionary approvals required to implement this project include a 2081 permit by California Fish and Game for the taking of the Least Bells Vireo habitat, an amendment to the existing 404 permit for Phase II of Otay Valley Road prior to any dredge and fIll, a 1601 streambed alteration permit from California Department of Fish and Game, a 401 permit from the Regional Water Quality Board and a Section 7 Federal permit for the take of the Least Bells Vireo, C, ComDatibility with Zoning and Plans The City of Chula Vista General Plan designations for this site include: Limited Industrial and Open Space, The zoning designations include Limited Industrial subject to a precise plan, Floodway Zone and Industrial subject to a precise plan, County zoning is S-87, The project, the installation of a bridge and the widening of Otay Valley Road from the southerly end of the curve on Otay Valley Road at the easterly City boundary to the northern boundary of Otay Rio subdivision approximately 700 feet south conforms to the General Plan designations and zoning and the Otay Valley Road Redevelopment Project Area Plan, One the objectives of this Redevelopment Project Area Plan includes: the development of an effective circulation system which would be met by this project as it improves the effectiveness of the existing circulation system for vehicles and bicyclists, D, Identification of Environmental Effects An initial study conducted by the City of Chula Vista (including the attached Environmental Checklist Form) determined that the proposed project could have one or more significant environmental effects, Subsequent revisions in the project design and/or specific mitigation measures will be implemented to reduce these effects to a level below significant. With project revisions and/or mitigation, no significant environmental effects will occur, and the preparation of an Environmental Impact Report will not be required, This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines, Specific mitigation measures are set forth in the Mitigation Monitoring Program which is attached as Attachment "A", Archaeology An archaeological survey was conducted for the Otay Valley Road widening located on land that is under the jurisdiction of the County of San Diego, The archeological survey covered approximately 1,750 linear feet of the road alignment, plus 200 feet on each side of the centerline of that alignment, Archaeological record searches were conducted to determine if any sites are recorded within the project area, The search revealed that there are no recorded archaeological sites located in or near the project's Area of 9---/f} 1/-4 -~ -~.-.-. _._..._--_.,-~----.,,-~-------" -"- ~ Potential Effect (APE) and the six recorded sites located within 1,000 of the Area of Potential Effect are located on elevations outside of the river flood plain, There is no surface evidence of human occupation within the project area, The previous impacts to the project area, including road construction and heavy run-off from winter rains, may have removed or buried any cultural resources that may have been present at some time in the past. The archaeological survey of the project failed to locate any cultural resources within the project area, The following impacts are those that were determined to be potentially significant and are required to be mitigated to a level below significant. A discussion of each of these potentially significant but mitigatable impacts from the proposed project follows: E. Mitigation Necessarv to A void Significant Effects Specific project mitigation measures are required to reduce potentially significant environmental impacts identified in the initial study for this project to a level below 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 (Attachment "A"). Mitigation measures have been derived from CEQA documents and wetland permits developed for Phase 1 and 2, Biology The recent 1993 flooding of the valley has removed much of the more mature shrub cover which once occupied the channels of the riverbed, A pioneering riparian community is reestablishing itself in areas of substantial scouring, The following wetland communities are briefly described to eludicate direct impact, and provide resource data for future mitigation/riverine enhancement of the area, Mulefat/Tamarisk Scrub (0,52 acre impacted) While some mule-fat and other native shrub cover is interspersed within the Tamarisk, the abundance of this introduced invasive species generally constitutes a poor quality riparian habitat. Removal of Tamarisk, followed by revegetation with native wetland vegetation, offers substantial enhancement opportunities along the ûtay River floodplain, Willow Riparian Woodland (0,03 acre impacted) Near the southern end of the study area a small stand or Goodding Willows was utilized throughout the 1993 breeding season by Least Bell's Vireo, Repeated surveying of willow woodland along this stretch of the river from the late 1980's to present indicates that other sensitive breeding species such as the Yellow-breasted chat and Yellow Warbler also nest within the local willow woodlands, 9-// fI-S ....-..- . --------.---,-.-.---.--.--------------.-- Secondary impacts to these limited woodland habitats can be reduced if all nearby grading activities are restricted to periods outside April-August, the riparian bird breeding season, Freshwater/Alkaline Marsh (,15 acre impacted) In general, this freshwater marsh habitat is readily present within this reach of the Otay River floodplain where conditions foster shallow standing water for a substantial portion of the year, Coastal Sage Scrub (0,03 acre) A limited amount of highly disturbed sage scrub habitat occurs along the roadbed, Losses of wetland habitats including Tamarisk/Mule-fat Shrubland, Willow Riparian Woodland and Freshwater/Alkaline marsh totalling 0,73 acres (including both pennanent and temporary impacts) will be mitigated by the creation of new wetland areas within the river valley, Such mitigation will include the extensive revegetation with willow woodland and the use of San Diego marsh-elder to maximize value to wildlife and mitigate for the loss of this sensitive plant species. The roadsides, adjacent to native vegetation communities east of Nirvana Road, should be designed in a manner that would inhibit the potential for vehicle access or illegal dumping into the river bottom or onto the slopes, Incorporation of guard rails or fences would be appropriate, Use of thorny vegetation may also be used in conjunction with temporary fences, The roadway slopes will be revegetated with native plant materials indigenous to the area or which complement the existing native communities, such as sage scrub or sycamore woodland species, Where construction activities are to occur in or adjacent to native vegetational communities, work should be restricted to the delineated project footprint by the placement of temporary construction fences or flagging along both sides of the street. If work-site brushing occurs between April 1 and September 15, the project site should be carefully examined by a qualified biologist prior to clearing, Should the site be found to support nesting birds including the Least Bell's Vireo, willow flycatcher, or yellow- breasted chat, work within 300 feet of the nest site should be delayed until nesting has been completed, Following construction, the 20-foot-wide construction corridor should be recontoured to natural levels and revegetated with native vegetation including willow and mule-fat, Riparian scrub with minor elements of Coastal sage scrub, 9/');< R-b - - - - -- --~_._._-_.._.,.~-,."._---.---,._._---,----_.----+. Geotechnical Concerns The Engineering Department requires that a soils investigation for Phases II and III of the Otay Valley Road improvement project be performed. In addition to addressing geotechnical concerns/issues, the investigation will include a Phase I hazardous materials site assessment. It has been determined that a Phase I site assessment is necessary, given the contamination discovered on the Shinohara property during earthwork operations for the Auto Park, B, Consultation 1. Individuals and Orl!anizations City of Chula Vista: Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Director of Building & Housing Carol Gove, Fire Marshal Crime Prevention, MaryJane Diosdada Marty Schmidt, Parks & Recreation Dept, Rich Rudolf, Assistant City Attorney Diana Richardson, Community Development Barbara Reid, Planning Department Shale Hanson, Engineering Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: City of Chula Vista 2, Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Letter, Brian Smith and Associates, August 24, 1993 (re: Archaeology) Memo to B, Reid, Planner, from Roger Daoust, Engineer, Oct. 7, 1993, Re: IS-93-39 Biolol!ical Resources Assessment. Otav Vallev Road Wideninl!. Phase III, City of Chula Vista Initial Study IS-93-39, PSBS Biolol!ical Assessment For Endanl!ered Svecies Act Consultation on Otav Vallev Road Wideninl! Proiect, Chula Vista, California, PSBS, September 27, 1993 Otav Vallev Road RedeveloDment Proiect Area Plan j -7 9-/3 -----_._-~_.~~.._~.,_.._._._...__.,,-_..._.._-_.. 3, Initial Study This environmental determination is based on the attached Initial Study as well as any comments on the Initial Study and this Mitigated Negative Declaration, and reflects the independent judgment of the City of Chula Vista, Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910, '-y£? ~o.w (it\LJ~o~1 ENVIRONMEN AL RE IEW COO NATOR (b:\is93~39.nd) 9-/'1 1J-3 .......-.---.-,---.-...-".-..--... - þ-- o ~ - .... bD"'O .... "'0 "'0 W .- ~ ¡g ~ " æ ~ ,8 E g :ä :ä u5¡,¡: - ~ J!.o:äb .. 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'õI '" ~ ,s:: ¡.., .a ..... ~ e. :E.s~.a~ 8-c ,jJ ~ ~0:g5-5'ê' ~ 0 .- 1:: ° U 0 ~ 0 U ~ . f} -10 :; 5.s~8..ti dQ.. ...9::e ~~§ o z·- 0 ~ 0 ~ E ~ ,~ c. 0 ;:t "Õ c. ¡;, 08 ~ '" ¡5....] - ¡¡, ~ 5 ¡5 Š 'B ~ ~¡g-ŠB'õ~ - > = ::::~:E¡;;¡¡:o:S8 æ8~';SCI'.J ~ ~ o. ,S :> <+=< on 1-/~ -_._-------,.,-_._--_._--_._~- Case No, IS-93-39 APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) Background 1. Name of Proponent: City of Chula Vista 2, Address and Phone Number of Proponent: 276 Fourth Avenue. Chula Vista. CA 91910 3, Date of Checklist: October 8. 1993 4, Name of Proposal: Otav Vallev Road South (Phase III) 5, Initial Study Number: 18-93-39 Environmental bnpacts 1. Earth. Will the proposal result in: YES MAYBE NO a, Unstable earth conditions or changes in geologic substructures? 0 · 0 b, Disruptions, displacements, compaction or overcovering of the soil? . 0 0 c, Change in topography or ground surface relief features? 0 0 · 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 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 g, Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 · Comments: Previously water traveled through culverts in the channel. As a result of the culverts frequently filling up with silt, the Otay River often overflowed flooding onto the road, The WPC P:\HOME\PLANNING\1198.93 9-/7 /J-I/ Page 1 . __" _~__._____.,_....__u___,__~._ _ ____~._~_..._...,_.___~..._,__._ . proposed bridge will return this section of the river to a more natural free-flowing condition, 76,800 cubic yards of earth will be excavated, and 41,300 cubic yards of fill will be placed, There will be cutting and over excavation of loose alluvial soils, A soils report and erosion control plan will need to be provided, 2, Air. Will the proposal result in: YES MAYBE NO a, Substantial air emissions or deterioration of ambient air quality? D D · b, The creation of objectionable odors? D D · c, Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? D D · Comments: Short-term dust emissions would be generated by the project during its construction, These emissions would be short term, and are not in proximity to any structures, Even so, standard dust control will be implemented, including watering graded surfaces and street sweeping, Thus, no significant air quality impacts are anticipated, 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? . D D b, Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? D D · c, Alterations to the course or flow or flood waters? D D · d, Change in the amount of surface water in any water body? D D · e, Discharge into surface waters, or any o alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? D D · f, Alteration of the direction or rate of flow of ground waters? D D · WPC F:\HOME\PLANNING\1198.93 9~/g/ j}~ I~ Page 2 _.._'",._-~ ----,------....-..-.------- - -_._--- "__"'U" g, Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? D D · h, Substantial reduction in the amount of water otherwise available for public water supplies? D D · 1. Exposure of people or property to water related hazards such as flooding or tidal waves? D D · Comments: The natural flow would be improved by the construction of the bridge, 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)? D · D b, Reduction of the numbers of any unique, rare or endangered species of plants? D · D c, Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? D · D d, Reduction in acreage of any agricultural crop? D D · Comments: The following habitat types will be impacted by the proposed project: ,2 acres of tamarisk, ,03 acre of willow riparian woodland, ,10 acres of freshwater/alkaline marsh and ,01 acres of coastal sage scrub will be permanently impacted by the proposed project. ,25 acres of mulefat/tamarisk, ,01 acres of willow riparian, ,05 acres of freshwater/alkaline marsh and ,02 acres of coastal sage scrub will be temporarily impacted by the project. Mitigation including the placement of 1.33 acres of mulefat/tamarisk, ,09 acres of willow riparian, ,15 acres of willow riparian, ,03 acres of coastal sage and ,02 acres of freshwater/alkaline marsh will be provided and a mitigation monitoring program adopted, 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 WPC P:\HOME\PLANNING\1198.93 9-/7 fJ-13 Page 3 .__...._~._--_.-._----,._--------_.._.._-~---_._---- shellfish, benthic organisms or insects)? D · D b, Reduction of the numbers of any unique, rare or endangered species of animals? D · D c, Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? D · D d, Deterioration to existing fish or wildlife habitat? D · D Comments: One Least Bells Vireo was found in a small stand of Goodding Willows, The Yellow- Breasted Chat and Yellow Warbler also nest in the willows, Secondary impacts to these limited woodland habitats can be reduced if all nearby grading activities are restricted to periods outside April-August, the riparian breeding season, 6, Noise. Will the proposal result in: YES MAYBE NO a, Increases in existing noise levels? . D D b, Exposure of people to severe noise levels? D D · Comments: There will be an increase in noise for the period of time in which the bridge is constructed, However, this will occur for a limited period of time and the applicant will be required to meet City regulations regarding noise, Engineering staff have found that there are not any traffic-related noise levels impacting the site that are significant, 7, Light and Glare. Will the proposal produce YES MAYBE NO new light or glare? D D · Comments: Roadway construction and operation would not produce significant new light. There will be an increasing number of vehicles on this section of road as the area develops, but the increase from the existing two lanes to three lanes will not create a substantial potential for increased lighting, The uses adjacent to the site are business park and open space; future uses are expected to be the same, These uses are not considered light-sensitive uses, 8, Land Use. Will the proposal result in a YES MAYBE NO substantial alteration of the present or planned land use of an area? D D · WPC F:\HOME\PLANNING\1198.93 ¡; -1'1 Page 4 9 - c:2CJ _ __",__~___.,~___.._.~___.__~_.'__n'_·.___ -----.-.-- Comments: The proposed widening from two to three lanes would not directly affect existing or future land uses in the project vicinity, The project would provide improved access from Otay Rio Business Park and other land uses further south to the east-west portion of Otay Valley Road, This section of road is shown in the City's General Plan as a 6-lane prime arterial, thus, this project would create half of this planned roadway. The road improvement could be considered to incrementally (by adding one additional lane to the two-lane roadway) allow for improved access in this area, potentially stimulating growth, However, the growth has already been approved and is under construction - Otay Rio Business Park, Thus, the improvement is providing for already anticipated roadway travel. 9, Natural Resources. Will the proposal result in: YES MAYBE NO a, Increase in the rate of use of any natural resources? D D · Comments: Construction and operation of the proposed widening would not use substantial amounts of natural resources. Natural resources used in construction would include sand and gravel and petroleum products, Vehicles using the improved roadway would be consuming petroleum products, however, as this use is already anticipated to occur in this area from existing and approved developments, no increase in its consumption is expected because of the addition of one travel lane, 10, Risk of Upset. Will the proposal involve: YES MAYBE NO 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? D D · b, Possible interference with an emergency response plan or an emergency evacuation plan? D D · Comments: The roadway widening construction would use construction equipment that requires fuel. Standard safety requirements would be in place, as with any construction project, 11. Population, Will the proposal alter the location YES MAYBE NO distribution, density, or growth rate of the human population or an area? D D · Comments: The addition of one travel lane proposed to service demand from existing and approved developments would not change the human population characteristics of this vicinity, WPC F:\HOME\PLANNING\1198.93 9~.2/ ¡;~ IS Page 5 -....- ----~-,._--,_.,---_._,,-_._------_._---------"---_.~._'..~~- 12, Housing. Will the proposal affect existing YES MAYBE NO housing, or create a demand for additional housing? D D · Comments: The addition of one travel lane proposed to service demand from existing and approved development would not change the housing characteristics of this vicinity, 13. Transportation/Circulation. Will the proposal result in; YES MAYBE NO a, Generation of substantial additional vehicular movement? D D · b, Effects on existing parking facilities, or demand for new parking? D D · c. Substantial impact upon existing transportation systems? D D · d, Alterations to present patterns of circulation or movement of people and/or goods? . D D e, Alterations to waterborne, rail or air traffic? D D · f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? D D · 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), D D · Comments: This project involves the alteration of an existing roadway by improving its degraded, unsafe condition and adding one travel lane and two bike lanes, It is considered to improve the transportation/circulation characteristics of this area and will service anticipated demand, 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? D D · b, Police protection? D D · c, Schools? D D · WPC F:\HOME\PLANNING\1198.93 9~2,;L. ,1-/¿, Page 6 __ _ _ _._ '_.o-.___.._n.'._.__.____·____._._·.·_·___ d, Parks or other recreational facilities? D D · e, Libraries? D D · f, Maintenance of public facilities, including roads? . D D g, Other governmental services? D D · Comments: 15, Energy. Will the proposal result in: YES MAYBE NO a, Use of substantial amount of fuel or energy? D D · b, Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? D D · Comments: The installation of a bridge and the other proposed improvements will not result in the use of a substantial amount of fuel or energy, 16, Thresholds. Will the proposal adversely impact YES MAYBE NO the City's Threshold Standards? D D · Comments: As described below, the proposed project does not adversely impact any of the seven Threshold Standards, A, Fire/EMS The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases, The City of Chula Vista has indicated that this threshold standard will not be met for new building construction since the nearest fire station is 4,5 miles away and would be associated with a an 8 minute response time, As the project does not meet threshold standards, any construction has to be fire sprinkled, B, Police The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4,5 minutes or less, Police units must respond to 62 % of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls WPC F:\HOME\PLANNING\1198.93 9 - c2r] 11--/7 Page 7 ~.u_. _. _ .,_"."._~.. ._._______..__~._._.,___ ... -.-...--.--.-.-----.- of 7 minutes or less, The proposed project will comply with this Threshold Standard as the Police Department has indicated that their ability to meet response time would not be adversely affected by this project. C. Traffic The Threshold Standards require 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 east of 1-805 may reach LOS "E" or "F" during the average weekday peak hour, This project would implement roadway improvements that would create better circulation in the project area, D, Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres/1 ,000 population, The proposed project will comply with this Threshold Standard; as it is not applicable, since no new population will be generated, E, Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering 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, as drainage facilities would be constructed with roadway improvements, and would tie into existing facilities, F, Sewer The Threshold Standards require that sewage flows and volumes 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, as the project will not affect area sewer service, G, Water The Threshold Standards require 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 not affect this Threshold Standard, H, Schools The Threshold Standard requires that the City provide the school districts with a 12 to 18 month development forecast, and request student absorption ability information from the districts, The proposed project will comply with this Threshold Standard WPC P:\HOME\PLANNING\1198.93 9~~i I)-I' Page 8 ---_.._.._~---_._._."_._.~_._,--_._.__.._- ------ as it does not affect it. The proposed project does not generate students or create impacts on the school districts' abilities to accommodate students, L Libraries The Threshold Standard requires 500 square feet of library space per 1,000 population, The proposed project does not generate additional population and will comply with this Threshold Standard because it does not affect it, ], Air Quality The Threshold Standard requires that the City provide the San Diego Air Pollution Control District with a 12 to 18 month development forecast, and request an evaluation of its impact on air quality and management plans, The proposed project will comply with this Threshold Standard, The proposed project will not create significant air quality impacts, K, Fiscal The Threshold Standard requires that the Growth Management Oversight Committee be provided with an annual report which provides an evaluation of fiscal impacts of growth on the City, The proposed project does not affect this Threshold Standard, 17, Human Health. Will the proposal result in: YES MAYBE NO a, Creation of any health hazard or potential health hazard (excluding mental health? D D · b, Exposure of people to potential health hazards? D D · Comments: This project will not result in the creation of any health hazard, 18, Aesthetics. Will the proposal result in: YES MAYBE NO a, 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? D D · b, The destruction, or modification of a scenic route? D D · Comments: The construction of the bridge will not obstruct any scenic vista or view, WPC F:\HOME\PLANNING\1 198.93 9~023 f)-I? Page 9 -- -_.._--~.._---~..,...._...~----. , --.-.. ',--_.', .--,,---.._",.._------_._--_._,...~... , 19, Recreation. Will the proposal result in an YES MAYBE NO impact upon the quality or quantity of existing recreational opportunities? D D · Comments: The proposed project will not impact recreation, 20, Cultural Resources. YES MAYBE NO a, Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? D D · b, Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? D D · c, Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? D D · d, Will the proposal restrict existing religious or sacred uses within the potential impact area? D D · e, Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? D D · Comments: The archaeological analysis that was undertaken for the project discovered that there were no sites within the project area that required mitigation, 21. Paleontological Resources. Will the proposal result in the YES MAYBE NO alteration of or the destruction of paleontological resources? D D · Comments: 22, Mandatory Findings of Significance. YES MAYBE NO a, Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant WPC F:\HOME\PLANNING\1198.93 9-~Þ IJ-.!D Page 10 -.---..-.- ._-_._--,--------"._--,--~- ~~- or animal community, reduce the number or restrict the range of a rare or endangered plant animal or eliminate important examples or the major periods of California history or prehistory? 0 0 · Comments: With the adoption of the proposed mitigation monitoring program, the project does not have the potential to degrade the quality of the environment. The project will not eliminate important examples of major periods of California history, b, Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure well into the future,) 0 0 · Comments: The project has the potential to achieve long-term environmental goals through the construction of a bridge and improvements which will provide a safe crossing for vehicles and allow the return of the river to a more natural state, c, Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) 0 0 · Comments: The project, with mitigation, does not have the potential for individually limited but cumulatively considerable impacts, d, Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 0 · Comments: The project will not cause substantial adverse effects on human beings directly or indirectly, WPC F:\HOME\PLANNING\1198.93 9/.,2 ? ,9 -.2.1 Page It - -~_._"---"-_..,._-""..,._-- ---. Mitigation Measures (To be completed by the Applicant) I, as owner/owner in escrow , (""',\.,""" ('\.\Io.~=\'o. , ~ Prmt name or I, consultant or agent' HEREBY AGREE to any mitigation measures required to avoid significant impacts. ~'i,,d (-fA 'vJ ~) ad- \7) /99..? SIgnature Date Determination (To be completed by the Lead Agency. Check one box only,) *95 Choose ND, MND or EIR On the basis of this initial evaluation: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, . I find 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, D I fmd the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, --e !rl.PL..Á (-Ie, \1) ~J) nr'f 7, 19'1~ Enviro ental Review Coordinator Date 'If acting for a corporation, include capacity and company name, WPC F:\HOME\PLANNING\1198.93 9 /' .;l /J- .2.2- Page 12 _.._---,- ._----~_._.~-,._----_."_._-- ..-.. Case No. APPENDIX II DE MINIMIS FEE DETERMINATION (Chapter 1706, Statutes of 1990 - AB 3158) *96 Choose Fee Exemption or Fee Required 0 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, . 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, y;¡ 'tlJ)~ (f;\tJ ~ OC'j'r,/9'f..i' Environmehta1 Re iew Coordinaior Date WPC F:\HOME\PLANNING\l198.93 9'-02 / CJ-'02 IJ-:L"3 Page 13 ~ .'"---..-- .._.".~--",_..__....__._-.._.._._._--- \ , \ - - \ v~ ---- ~, , \ "'" , \ ~ \ ---------- ' \ ~I "'I '\ ," ! -----------, , --------- \ ~.. --- -'r " " .... ~ 0 \ ' -------- - n -----.t- ~ , ... ~ ~ ~ ~, I 'So .., / ' c;. II> ., r----------- - ~ ./' ' r 0 i I :~ ~ /" \ I I ...4 Q I r ., 0 , - , ,¡¡> I , \ r 1 , r , , I . 1 / , " I ~ ' \ \ . ,.' P~OJECi \ ~"c,ÂTI O~ \ --- ---i ----- ~ . - .~....- I ¡ - - -":-r~- ,-c,__-- - "'..-... --. -. -----...--:..-.. - -- -- . . I - I --- ---- ~- ~-- I I ..........' ;' i i í' '-'--L i , r-- I I I (,h 01 :......4 "'T. -- on 041 ..... ,..M I ¿: I T'( P'P' ?H LJ i/A \/ I ~T ¡... LOCATOR CíAY '/Á~Y r<jA') él-Jl~VANA IN'/TALA.--ÁTION ;?!:'- (/~T IWI ( ) 111pf4?Yt::tvtE:I--JT<? " 9-J / 1I-~5 NORTH - I t; - 4 '? - 3 4 " -- --- --~_.._-. ,- --.---...-"-..------ - - -.----.,-,-..---,---------..- ... - _____ __~._ ____ "mO'_'O'__' ',- --'-----'-- " FOR OFFI CE USE Case No. '7f- 9<-3<; INITIAL STUDY Fee -ð v Receipt No. ~ City of Chula Vista Date Rec' d 5-¿;>7- 9J Accepted by ~..-- Application Form Project No. rA {,07,\ A. BACKGROUND c.¡:' ¡4- .5 7'/ ¿;¿? l. PRGJECT TITLE O'V.Y VÁu-pý Qf)A'D, PHrA6£T'Tr fMPIJDVF.MÐ.l'T>s , 2. PRGJECT LOCATION (Street address or description)ÁLD~ {)TÄV VAUEY l<!/:JAþ ~ , .5i f I- OF ðTAY Assessors Book, Page & Parcel NO.6 -() -£:Q 08 ~ CR . T<to SU8- _ _ I J. _ -03 3. BRIEF PRGJECT DESCRIPTION 1jJ~71"JJ ð~ 9rR.;:'Pr f,..,PRDVEMENfS. þ(lIISfó..J. /N(',t.-Ul:>lNG 'lS1J'r NÐr I-fMrn:::h Tl:>: A.C. P..4VEM£..rr S"nu::Pr L.-f(;I-tri,.¡G, I ,1 'DteA,"¡A{;,E IM-PRDI/EME~, hiT:> ~DGE WI1:>E:.IJI.Jlf.. " 4. Name of Applicant City of Chula Vista / Engineering Division Address ?7f, Fnllrth Av"nll" Phone 691-5259 City f.hIJl;t Vi~t;t State LA Zip q1q1n 5. Name of Preparer/Agent ROQPr I. n~nlJ~t Address 276 Fourth Avenup Phone f,Q1_~?~q City Chula Vista State LA Zip q1q1n Relation to Applicant Emnloypp / ~pninr f.ivil Fngìnppr 6. Indicate all permits or approvals and enclosures or documents required by the Environmental Review C~ordinator. a. Permits or approvals required: General Plan Revision Design Review Committee ~ Public Project --- Rezoning/Prezoning --- Tentative Subd. Map Annexation - Precise Plan ---- Grading Permit ---- Design Review Board --- Speci fi c Pl an --- Tentative Parcel Map - Redevelopment Agency --- Condo Use Permit --- Si te Plan & Arch. Review--- --- Variance - Other --- b. Enclosures or documents (as required by the Environmental Review Coordi nator). ~ Location Map Arch. Elevations Eng. Geology Report ~ Grading Plan --- Landscape Plans --- Hydrological Study Site Pl an - Photos of Site & - Biological Study - Parcel Map --- Setting --- Archaeological Survey --- Precise Plan Tentative Subd. Map --- Noise Assessment --- Specific Plan ~ Improvement Plans --- Traffic Impact Report ---- Other Agency Permit or Soils Report - Other ---- Approvals Required --- c;/YJ h-.17 .. ---- ".nL_.:L ,.Lu=L ,. ,12LQ.2L, --...... -- --- - - --------- - - 2 - B. PROPOSED PROJECT 1. Land Area: sq. footage (Eo, 0fY) S,F. or acreage 4-. (3 A;c¡¿£ç;. . . If land area to be dedicated, state acreage and purpose. , 2. Complete this section if project is residential. }J~. a. Type development: Si ngl e family Two family Mul ti family Townhouse Condominium Number of structùres and heights , b. , c. Number of Units: 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms Total units d. Gross density (DU/total acres) e. Net density (DU/total acres minus any dedication) f. Estimated project population g. Estimated sale or rental price range h. Square footage of floor area(s) i. Percent of lot coverage by buildings or structures j. Number of on-site parking spaces to be provided k. Percent of site in road and paved surface 3. Complete this section if project is commercial or industrial. ^f/A. a. Type(s) of land use b. Floor area Height of structure(s) c. Type of construction used in the structure d. Describe major access points to the structures and the orientation to adjoining properties and streets e. Number of on-site parking spaces provided f. Estimated number of employees per shift , Number of shifts Total g. Estimated number of customers (per day) and basis of estimate ____ 9~3f Il ~ J.-8 ~_._---~,-_._.._._-"' -~_. - .. -_._-~._--_._...._--,---- .-..--. - -------_.~---_."'._.__.,".. · - 3 - h. Estimated range of service area and basis of estimate i. Type/extent of operations not in enclosed buildings j. Hours of operation k. Type of exterior lighting 4. If project is other than residential, commercial or industrial , I complete this section. a. Type of project CAp/"T;¡1,L IMÞÆDI/€AAÐ./ï PR/:JJ1i:C.r b. Typ'e of facilities provided Srf¿¡::Pr IMf¥<L)VEM~ c. Square feet of enclosed structures NONE. d. Height of structure(s) - maximum AlA· e. Ultimate occupancy load of project JJ IA. , f. Number of on-site parking spaces to be provi ded 101,4. g, Square feet of road and paved surfaces Ä"PP1<!oXI/vfAnELY A%G¡:)O S;F. C. PROJECT CHARACTERISTICS 1. If the project could result in the direct emission of any air pollutants, (hydrocarbons, sulfur, dust, etc.) identify them. 1>ol<.rIJ¡; CðIoJS7'1WGT/~ . 2. Is any type of grading or excavation of the property anticipated YES. (If yes, complete the following:) a. Excluding trenches to be backfilled, how many cubic yards of earth will be excavated? A PFY¿ox. 75t> C .y. b. How many cubic yards of fill will be placed? A~x. ~5ðD C.y. C. How much area (sq. ft. or acres) will be graded? A~x. ,6t¿,t¡:y-,S;.F. d. What will be the - Maximum depth of cut /.D Pro Average depth of cut Due; Pr. Maximum depth of fill 5,ð Pr. Average depth of fill 2.0 Pr. 9~33 !J'..11 -- - ---~"_...._..~-"._...._-"--,-_.,-"._--~..._"--_. ; - 4 - ; 3. Describe all energy consuming devices which are part of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) ~{A., 4. Indicate the amount of natural open space that is part of the project (sq. ft. or acres) Af/A. 5. If the project will result in any employment opportunities describe the na ture and type of these jobs. ']) UlZ,,,,¡; CntJ.~Jcrl Df./. , I 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? t>J,/A. 7. How many estimated automobile trips, per day, will be generated by the project? ~/A. 8. 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, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. 5T1lEET IMPIlDIlEM~~ ItJCL-Ubl^". Pur .fen- 1..1MI'T'1£b -m; A ,c. 'P,AYEME""; ~FÇT 1..-16ffTlN(;; , b1<A:/NAc;E IMR2rJr/FMÐ-l~ AN"ð BRJ!:>GE WIDE..JI.J/AJt#t. , D. DESCRIPTION OF ENVIRONMENTAL SETTING l. Geology Has a geology study been conducted on the property? Alo. (If yes, please attach) Has a Soil s Report on the project site been made? NO. SOIL. WIW- T/i£.€-T1EÞ (If yes, please attach) IJu/<ttJ' CСÚSr'1zuC.T7CIN Fote 'DET'E'li!MINATIa..! OF 2. Hydrology R-VAWES. 1<-VAWES WILL.. BE V$Ep Tl:>"P~ INE. S~1lAL S~-no¡./S OF ",VE/vtE¡.../(. Are any of the following features present on or adjacent to the . site? YEr;:; . (If yes, please explain in detail.) a. Is there any surface evidence of a shallow ground water table? UAll<fJðWA/ . /1-30 ~ b. Are there any watercourses or drainage improvements on or adjacent to the site? 714-1~ P,t1?:n{)~ l:>F Dnv VA-It ,\y 7ibð.~ 'RIJ}.f<;' DVE¡e A1-lD R£.e.Æ,.tp~ 10 TI-fE 677ty ¡¿'VIES? ~b 'FfA,,,¡- T<Wl>~F Ff!t;¡M 7](£ NCI!r-,¡ AJ.¡p "'Of?ntWE>r Fb¡z:,-,oNS D1= TU£.. -przcüt:c.T' WIl..C. 61= ~VE.Y£Þ VIA NEw CUI.-V.!i:'¡f..7'S, Wffl4f W,LL- ou-,q,L./.. AT' "'í;tJl~y ,v~ . 'T'HE f!6W1ry &F 9~ 3 t, '5AI-J Þ/t::t:c> WIL./.. 13'J(t~ Â; 'B/ZJ~ M't:> ];)/~lo¡o../ AC.Il6~77-fE Ö17\ý 1<t1lf!Je. IN tJlØo. cepvEY TH-E:. ~ 1qy-YIEA£- /=UJW CF' 22,t;t:O CVß(c. ~ ~ ~~_~~~:·~_Z!f._~TéeN 1'7 PEGr~~ 70 -P¡:::Pt"T>V'~/1I WN::u ....,,-rl . - 5 - c. Does runoff from the project site drain directly into or toward a domestic water supply, lake, reservoir or bay? YÇb. 1Z.uN()Ff= :I:>.ølrfÑS ibWAI'ZD T~ DrAY fZ.1VER. I WH-ICI-I E:M.PrIE<;> INTO SAN 'DIEGO ßllrY, d. Could drainage from the site cause erosion or siltation to adjacent areas? Yes.. ff:t2.DGro¡.J C~) ..IT1WL MEk:.<.J/Z.E'S WILJ.-SE, IMPL£M~ wm'fÞA-Mr> INCDR~ I~ P/Z£uEcr. e. Describe all drainage facilities to be provided and their location. SEE IMPlZDvEM8Jf" PLAJJ.S. 3. Noise , , a. Will there be any noise generated from the proposed project site or from points of access which may impact the surrounding or adjacent 1 and uses? ÞORINr.. CnrJ>:1I¿1Jc.rlf')JJ· 4. Biology a. Is the project site in a natural or partially natural state? YE€.. b. Indicate type, size and quantity of trees on the site and which (if any) will be removed by the project. NONE. 5. Past Use of the Land a. Are there any known historical resources lOcated on or near the project site? NDIoJe.. b. Have there been any hazardous materials disposed of or stored on or near the project site? ..Ú;;fJ~a 6. Current Land Use a. Describe all structures and land uses currently existing on the project site. C ITV 4rDt:ßr - PuAuC. "2{&u:r-6~- kAv , , . f} -3 I . '1-3 ? -"--------..--.....--..- ----- - 6 - b. Describe all structures and land uses currently existing on adjacent property. North UN'P¡¡;:\Œ/.DpEr> IrJ1?IJ97'12IAL..-z¡",.¡,E1:> LAf-ll:> South J< V¡:::R. VA-I I r:y East f'!.'V~ VA-' I ""Y ÂAfÞ 9..ß'b MINI J~ West INDV~T'IL(A-L S{JA1)IVlSfOÞJS , 7. Social ' a. Are there any residents on site? (If so, how many?) }.I(')NE. b. Are there any current employment opportunities on site? (If so, how many and what type?) 1')()~..Y. 1''''''~IICïIO¡..J. Please rovide any other information which could ex edite the evaluation of e propose proJec. Previous Environmental Documents - An Environmental Impact Report (Final EIR 89-1) was prepared by Keller Environmental Associates, Inc. in 1991 for the widening of Otay Valley Road from I-80S to approximately 3,600 feet east of Nirvana Avenue. The EIR did not cover the north-south segment of Otay Valley-Road. Gradinq Limits - Grading will occur within the limits shown on the improvements plans (attached). The width of grading ranges from approximately 100 feet (at the Otay Rio SUbdivision) to 150 feet (at the curve), Roadway Information - This project will widen and improve the north-south segment of Otay Valley Road from its current two-lane configuration to a three-lane configuration (two southbound lanes and one northbound lane) with bicycle lanes. This project will include widening a bridge which will be constructed as an emergency measure by the County of San Diego to replace the river crossing that was washed out as a result of flooding in January 1993. The bridge roadway will be widened from 26 feet to 52 feet in order to accommodate the three-lane configuration and the two bicycle lanes. The segment of roadway between the bridge and the northerly boundary of the Otay Rio Subdivision will include a transition to join the new improvements with the existing two-lane improvements along the easterly boundary of the subdivision. Construction Phasinq - It is anticipated that this improvement phase of Otay Valley Road will be constructed in conjunction with Phase II improvements. This combined project will be referred to as "Otay Valley Road, Phase II". HYdroloqy - The 100-year peak flow in the Otay River has been determined to be 22,000 cubic feet per second (cfs) by previous hydrological studies. The bridge structure has been designed by the County of San Diego to convey approximately 8000 cfs and a dip section between the bridge structure and the Otay Rio Subdivision has been designed to convey overflow when necessary, This dip section will periodically washout in order to protect the bridge structure when flows are exceptionally large. IJ - 3:2/ 9-Jr . .-,--.._......_._......,,-, --,"_. .-....--.-.......--.^- -- " .--.-.."'. -. ---.. --.-.....,.,...---....---.".-,-....-.-- 0, - 7 - E. CERTIFICATION I, or . OWner/owner 1n escrow* , I, ~~ or Consultant or Agent* HEREBY AFFIRM, that to the best of my belief, the statements and information herein contained are in all respects true and correct and that all known information concerning the project and its setting have been included in Parts B, C and D of this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. DATE: '5/27/'13 / *If acting for a corporation, include capacity and company name. , 11- 33 9--3? ------- .-.. ...._--,,_..-_.--~._-----_.,_.- -.....--. THE cm uP CHUU J1lSTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contnòutions, on all matters " which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuaJs owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . , 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No _ If yes, please indicate person(s): 5. P]ease identify each and every person, incJuding any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councijmember in the current or preceding ejection period? Yes _ No _ If yes, state which Councilmember(s): Person is defined as: "Any indil>idual, jim!, co-partnership, joint venture, association, social club, fraternal organization, corporation, . emile, IIUSt, reccil'er, syndicate, this and any other county, city and country, city, mUllicipality, disrrict or other political subdMsioll, or allY other grO<lp or combination acting tIS a <lnit." (NOTE: Attach addilional pages as necessary) Date: Signature of contractor/applicant /1-35 Print or type name of contractor/applicant p-J I.' _ \:DISCLOSE,lXT] 9--W IRevi'<d: 1 130~JOJ --.-- ~----_._.~-_.__._-_._----- - - ----_._-_._-_._.~_.._- .. --,- ~¡ r 01,..'( ROAD . f -- ---- 01 ~ '( 1l1"~1l "~ --- M W Z ;: W ~ . ~ u PROJECT LOCATION: ~~~~~~~~~~ DRAWN BY: K.P.A OTAY VALLEY ROAD STREET WIDENING PROJECT DATE: 4/12/93 PHASE III 9.;t/.3 1/ - 31 , , - -- --..-.. ---_._-_._.,-,.,--_.__._--------".__..,-~_._-". fill ::::::; :,':,,::,:,::\<:;:,«\\,\::'" ' - ,... I œ , ex) ! ____:.I - .. Q) a: " II (/) - II C W II - :E II II 0 a: LL CW) I (\II -- - - . --___,;1 (\II , - " Q) W II (/) II C a: II - :;:) II " II - LL , , \ ...... - ::t-k - Q) (/) c - ~-.~_. ... § , ~ .'. - - 1: .!i -< J 9"- '-/5' - /J-39 co \ -- - - ---- - ----- - ROUTING FORM DATE: June 1, 1993 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,5~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant city Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: Doug Reid Environmental section SUBJECT: Application for Initial Study (IS-93-39 /FA~/DQ: N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9, 1993 . Comments: 9-v/7 /1-1/-1 ____.. .____.,,_n .._..__..~-- CHULA VISTA POLICE DEPARTMENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS L...+ " ',.0'.:;,.,', ."". DATE: ~~ iJ, /915 TO: b-ðk';r £u'd , '?ian,I')/'n c¡ ~¡*!i- , _ VIA: 4~ Œ~ uJJ....µ/:;J' {¿}n Y~~>-LS FROM: m<t· 'k."klÐ/ 'S~PS. ,_ PROJECT: :r s q ò - ð'1 ({)I ær f;JiJ .$ ú-6-cÚ v; S i ern V The Crime Prevention Unit does not have any comments regarding this project at this time. _ Information on the project, or within the plans, does not provide enough detail to permit crime prevention analysis. ~' Please forward the following information to the Crime Prevention Unit when available. Elevations - Roor Plans - - Landscape and Lighting Plans V Site Development Plans Comments: , (;I) ~ c- ;Ji: >LÆ¿ 1'p;7PtVL ~Tc Iuuk ¿./hrDU-,r ¡: , ( ~ bJ1i1 (Þd.L 9L/7/'.nc7 ?~¡?tl-n -, v¡ t-rl)( L~{/L ( / ( (/ - '_/ / a11/;r' ti.J7d/ h¿-7- I Jfí t /l <if Ca ß;f ,:m£- Æ.I b?¡ /-~r/ 27 cc: Brookover, SCA j} , 1/3 9/' '-Ii CP1ED Routing Fonn PD/cpo 06193 - - -....._-_._-----_..._-_.-_.-._,~~_._-- ,- - ROUTING FORM DATE: June 1, 1993 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,5~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (15/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: DOl/g RF>id Environmental section SUBJECT: Application for Initial Study (IS-93-39 IFA~/DQ: N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9, 1993 . Comments: .'~I.\~~: ~'" ¡?~~ ït*lZ ~\~r/e:¿ DiZ<£¡c,¡.) \~~ 11=' Thi=- ¡.\V\Z..~ \}~"r I \:vr~ TAA\I..o':> \1(\\*lj ïW - f\'2c:>VIt?I,.J(, \Jþ.I.I.1<1o:', àGC:·(~-S 1õ 'T~iï: V~""",-;y - f'¡¿..~~ "i'rt ~ 1ž:::¡'1:. 2- 1ï.:o¡Zo , ~.) \~Iu... ~ P¡I\~ L.¡t..,..¿ ,~z: 1,..J~'f'b,'2.{¡. ïí:o "''5 .¡:.. f'Þ,'1-1i ~ czF ~ \?í"...a _~'2. 9~51 I}-'IS WI('1I~ ' _.,-- .--._..-~ -_._.,-~--~-- Case No..-7ç- ?.J-~9 H-l. 2. acres of parkl and the proposed 3. Are existin eighborhood and ity parks near the project adequate to ser the population ease resulting from this project? Neighborhood Community Parks 4. If not, are parkland r mitigation proposed as part of the project population increase? ". 5. will appl icanf~e -', . 6. Remarks: ~í\sJ J: 1Þ1~ ¡:. t-I~Z{l~~ l~ \r-J o.,~~ Tb I '5<=cJ ~S . t-F. "S~;¡;: G ,J, .%~ Parks and Recreation Director or Representative Date 9<5:2- U -13- IJ -- WPC 0413p/9459P - .-..-..- -----,-,.-------...-----.- - '/s-S70 ROUTING FORM 3 DATE: June.)", 1993 FfZØI : pe': Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (15/3, E1R/2) Richard Rudolf, Assistant city Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other "ÍD: V'iðM: Doug Rpid Environmental section 0L::;¡ ß SUBJECT: Application for Initial Study (IS-93-39 /FA~ /DQ:. N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,---) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: ~--- 53 f}-l/-7 --.---- _ _... ',___"_h _.__...."~.____....,_.,.." '. ~.._.._.__ ___.-_ .. ___._._.._'_"~__.__._________~. YS-S7ð G. ENGINEERING DEPARTMENT Case No, r$..q3-~ 1- Drainaae a. Is the project site within a flood plain? y£?;;. If so, state which FEMA Flòodway Frequency Boundary IOO-YE;AJe.. HoI<I£VE.( '11tE:. S"~'DWAY AsJ:D SlZInœr 1tJr!.l- i3e l:Df-L~ A~ lor>-YEjoO, C:.. I Fl..a;>DW~'I atWAï1o.,L,~'" ~A,Y'þ(PW"'IGH W,u..W/ZICD~ BIE. It-tV"!- b. What is, thelacation and description of existing on-s ~~~~. drainage facil.ities? F TZ:> "Wéi (TO ~rA\I.A~/,,:) 8V /,J'}tJJJ.TY l'ir=: ~"Z:::>IF~ 'PJ2JöL "'rz>~f"f"'Y ðl=/".-HtJlA V,féri7\- IM~IIE"M~ J,' S ;{Iv'rc..t. (~ ~ AfJ t> A ~w"'.Y ~I? '7b COIJVE'f .;r-.'''~ c. Are they adequ e to serve the project? .J(). . R.o . If not, explain briefly. FJ2D~ f)//'J1J~ ""'f.I~ t"'-6:JLlc:::rr?,.CJf7oú ÐF= I..Ir;:rr:;,~rLY 'DRA("'A~ t:="A.rJL,rTe::; ïZ::> rDI'JV.r;:y Jl.u .JDF1= AJ::>~Å-~Y ~M d. "OlE- fZC¡t.:¡;;y.IA'I, What is the location and description of existing off-site drainage facil ities? 'PrPE-~M4'D C.UlJA;'PTr;;. WI/1G# 7:>14r.Ih1ÞcE: "Tb TIfE. n....y 1<:.fVe.e.. At <:'f':J THE 'DDW#J<;;;r-r""""( d"-AC# 1'>': TI1E /:717I..Y JZJV£IZ.. IJrl..L CoNVEY rt...oW' FflDÍv1. TIlE R~ of T1IIE rz¡v~ CJ~ Cf" TI£ Ck,$(f.JÇ; e. Are they adequate to serve the project? No. . If not, explain briefly. Q~-'5rr1!!: 'DI2'À,t-JA&E INPi2L:AIFMAM<" WlU- øe. ~oG~ ItJ /')#,.,.,,0 ~ A~1' ~LY CêtJÝ¡:;y UI>OI:DWAY 1i?JJtJc1:::F' 7l:> THE t>'VrY T2IV1ii:Æ.. HoWEV#, Cl>P/,'Fcrll:N CF XEFIc..'Ð/C.IEG-Ac.-EG .,-,.IE. onr-y 2. M. ('5> ~~'- IS~ liP c"wÚOT 13IEA~~ BY TransDor a 0 CA. ~ CMJ-S(~6F "T'HE:. Cot-l~fodDF' n+E. 'íN1S> fJ~S~("f~' ~. a. What roads provide primary ac s to he project b. What is the estimated number of one-way auto trips to be generated by the project (per day)? c. What is the ADT and estimated level of service before and after project completion? Before After A.D.T. L.O.S. If the A.D.T. or L.O.S. is unknown or not applicable, explain briefly. d. Are the primary access roads adequate to serve the project? If not, explain briefly. -14- 9-51 /} - if WPC 9459P --.--.-. --- ---.._"-"---_._~.--"-_.,,---- YS-570 Case No. rS-q3-~ e. Are there any intersections at or near the point that will result in an unacceptable Level of Service (LOS)? If so, identify: Location Cumulative L.O.S. f. Is there any dedication required? If so, please specify. g. Is there any street widening required? If so, please specify. h. Are there any other street improvements required? If so, please specify the general nature of the' necessary improvements. 3. Soils a. Are there any anticipated adverse geotechnical conditions on the project site? UN~. b. If yes, specify these conditions. illA . I C. Is a soil s report necess~ry? IJD. <Sl"t- WIU_ = ~cn::'D t::V1UA1t.: 4. Land Form CbI4~IOt-J POll. þ~,I-lATio,.( ~ 12-- VAWEí!Sõ, WfflfÄ.j WILL 'B£ ~ TC> a. ~ ~(""I-l ~arvAAc.. SE:GTI~<;; ~ 9,;v.ÐtÐ!T. What is the average slope of the site? t .0~ b. What is the maximum ~ slope of the site? ~'5"'/.&ITJE SU>P'E5t;./ 5. Noise ;M~£'~) 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? No· 6. Waste Generation ~¡f~ . 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 an or downstream from the site? Are they adequate to serve the proposed project? 9-5~ I} - i1 WPC 9459P -15- ------ .__._.._~ --- -_.._-_._-----_._._-_..~-------_._. YS-S,?O Case No. :r:'::;-4'g-~ 7. Remarks Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other issues. Am../CAJJT /v((l'5f 1=((..ç:;:,A A/f)tlCE-6F- $~~;ii!:J,~~~=i~~r~~ W,.rU fL>M';;'77ZUc.'rTDtJ. Ac:nV'rrY 'PIZrDfi!. m 71IE: ~../;<ç'Mç:Mrh1= G./'Ablk1&. ACT7r/rnç:Ç. //J A'bDrr-rDAl A "3ri::JI:M 11M-~ Fëu...vT/ÐJ-.1 1=P~ve..m,.,1-l 'Pt-ÞJ.J 1:£t/Ç/~ IN A/'Î},1ZÞNJ~ WI'r1-f ~/l:> 'P££M/.,~LL.. BE IMPt.&/Vf£ Coµc.~ I'll/Iff fftE C€>Ml--iIú.JC.EME<l-r6F ~ÞING i?í7VIT7~. ~ (::2-/'13 Date . - . 9~Þ~ jJ-50 WPC 9459P -16- - ~..._+ ""-_..._.--.._-~._.._--_._._.._-,._._- --..__.---- 1 '!S~S70 . ROUTING FORM 3 DATE: JuneX, 1993 ~; pø': Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,5~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current 'Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other í"D: ~: Doug R¡>id Environmental section (,é:;¡ S SUBJECT: Application for Initial Study (IS-93-39 /FA~/DQ N/A ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP ) Review of Environmental Review Record FC- _ERR- -,--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Dtay Valley Road, from approx. 5DD feet west of easterly city limits to northerly limits of Dtay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: 9~5? Il-S I _._-_.._....._.~-- - ._.__.-...__._._--------_...._._-._._~..__.- - ROUTING FORM DAT~ June 1, 1993 , c:: I <.Ill/ ¡, TO: , n Larson, Building & Housing' ~"9" , // John Lippitt, Engineering (EIR only) \'1,' . . Cliff ,5~anson, Engineering (EIR only) al Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) carol Gove, Fire Department ,/ Marty Schmidt, Parks & Recreation Crime Prevention, Police Department / Current Planning / Gordon Howard, Advance Planning ! Bob sennett, City Landscape Architect í Bob Leiter, Planning Director ;1 Chula Vista Elementary School District, Kate Shurson , Sweetwater Union H.S. District, Tom Silva (IS & EIR) / Maureen Roeber, Library (Final EIR) y other ,.----.~ ~ Doug Reid Environmental section LcQ"t, SUBJECT: Application for Initial Study (IS-93-39/FA~/~ N/A ) Checkprint Draft EIR (20 days) (EIR-~/FB-____/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record FC-_ERR-~) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement. street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. ------------------- e document a.n~-$ ard to me any comments you have by . i ,,1o G) Y"\""'~ CEIV ~ --=:";r ED \, 'V I in" 11"""Æ:.- JU " 0 2 1993 Ú. IJHL ?fE.....I- BUlPgy FCHULA V/:)¡,¡ . & HOUSING ÐEPT. 11- 52.., ti;., -:¿ ·<is 9---5~ -....--..-- +_...~-- ,------~._....-,._~ --~"~--+._~~---~-- - ~ ROUTING FORM ')l -, '} .~' DATE: June 1, 1993 - ';' , \-0 -::õ TO: Ken Larson, Building & Housing r ...:::> ~ '-'" John Lippitt, Engineering (EIR only) ~ :% Cliff ,Swanson, Engineering (EIR only) -","".. :i -~., Hal Rosenberg, Engineering (EIR only) C~ ~ Roger Daoust, Engineering (IS/3, EIR/2) ~ Richard Rudolf, Assistant City Attorney (EIR QAl~ Carol Gove, Fire Department ~ -0 Marty Schmidt, Parks & Recreation S ", Crime Prevention, Police Department Fñ Õ Current Planning ,c/I Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: Doug RF'id Environmental section &,!;;r í5 SUBJECT: Application for Initial Study (IS-93-39 /FA~/IXì: N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,---) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: The Sweetwater Union High School District does not object to the above project. 9~51 1l-53 _._- Director of Planning - -~--_..~----,.._-_._~----_._..- ----.- - ROUTING FORM DATE: June 1, 1993 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: Ooug Reid Environmental section &éI<t> SUBJECT: Application for Initial study (IS-93-39 /FA~/D(); N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: NO C ;J ~¿ ¿!? j}-5ct- - .- ------... --_...~- ---'--'-.'."'- - ROUTING FORM DATE: June 1, 1993 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff5~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: DOli\! Rpid Environmental Section , ~;;( <þ SUBJECT: Application for Initial Study (IS-93-39 /FA~/DQ: N/A ) Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC-____ERR-"--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: ~~~~d~ ~' cp~ 11- 55 ¢¥j?"3 9 --~ / - --,,~"" .. ~"-~.,-,-_.".. ----_._._~-,-~-_._~---'". - -( o 'JÍS ROUTING FORM ~ ~ Vt.? DATE: June 1, 1993 /J 4! TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff ,Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other FROM: Doug Reid Environmental section SUBJECT: Application for Initial Study (IS-93-39 /FA~/DO: N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- .:...-) The Project consists of: Installation of street improvements includin9. but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road. from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9, 1993 . Comments: ¡fþ QM(~ ~~- j}-5h tj --t ;¿ #;1'.::. - - - ,-..---.-.. n_.u. - --,---_.__._--_._-~-_._--~- _._--~ . - . ROUTI NG FORM DATE: July 8, 1992 .~ TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (15/3, EIR/2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Department - Marty Schmidt, Parks & Recreation Keith Hawkins, Police Department Current Planning ---. Frank Herrera, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other . FROM: Maryann Miller Environmental Section SUBJECT: ~ Application for Initial Study (IS-93-03 IFA- 589 I DP N/ A ) c==J Checkprint Draft EIR (20 days)(EIR- IFB- IDP ) c==J Review of a Draft EIR (EIR- IFB- IDP ) c==J Review of Environmental Review Record FC- IERR- ) . The project consJsts of: Installation of street improvements including but not limited to A.C. Pavement, curb, gutter, sidewalk, street lights and drainage improvements. Location: Otay Valley Road from Nirvana Street easterly to the Rancho line, then south, ,approximately 500 ft. Please review the document and forward to me any comments you have by 7/16/92 . Comments: :z ~~ 7X'<:-¥ ~~~ /?to ('&-,~;~;~ ~ .- 1/-51 ,-...._------_._-",- .--,....-.,-- - ROUTING FORM JUN, ,., ". _. - .~' DATE: June 1, 1993 ; ';\.,;',¡ :f'ð. Ken Larson, Building & Housing F'rÞ""''' John Lippitt, Engineering (EIR only) ø Cliff ,S~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Assistant city Attorney (EIR only) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department Current Planning Gordon Howard, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) Other To~ ~ðf.I. Doug Reid Environmental Section SUBJECT: Application for Initial Study (IS-93-39 /FA~/DQ: N/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-____/FB-____/DP ) Review of Environmental Review Record FC- ____ERR- -,--) The Project consists of: Installation of street improvements including, but not limited to: A.C. pavement, street lighting, drainage improvements, and bridge widing. Location: Along Otay Valley Road, from approx. 500 feet west of easterly city limits to northerly limits of Otay Rio Subdivision. Please review the document and forward to me any comments you have by June 9. 1993 . Comments: See. CL -=:C" c..l ""'.." b.S l~ X SoSs 9-~Ý 11-t;9 -.----.- .-...-- . ._.._-------_._-~---~- Case No. ~~ 9.?-~<'? H. FIRE DEPARTMENT 1. What is the distance to the nearest fire station? ~ what is the Fire Department's estimated reaction time? 4 to 4~ ml es 8 minutes. 2. Will the Fire Department be able to provide an adequate level of fire protection for the proposed facilitt without an increase in equipment or personnel? Area does not meet t reshold standards any construction has to be fire s rinkled. Th1S should rov1de an adequate level ot fire protection without an 1ncrease 0 equ1pment or personne . 3. Remarks ç.., iO~'" 2. 7~ 6/9/93 Flre Marshal Date .......- jJ-51 9 --?þ WPC 0413p/9459P -12- CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION fk~Nx~~ßßi~I~xiWK~ COMMENTS IS-93-39 Address OVR. PHASE III Plan File N6A.-625 Checker Horsfall Date 6/9/93 Type Constr. Occupancy No. Stories Bldg. Area The following list does not necessarily include all errors and omissions. PRGYrBE-ANB-~Hew-aN-p~AN: 1. At this time a 10" water main is existing at the area proposed for improvements. PI ease review the copy of the attached letter dated 1/19/89. 2. What is the proposed load limit of the bridge? Wil1 it be strong enough to support the weight of heavy vehicles such as fire apparatus? 3. Environmental setting, Item 2, Hydrology indicates the dip section is designed to periodical1y wash out. If a wash out occurred would fire apparatus still be able to access the Otay Rio Business Park from Otay Valley Road near Nelson Sloane or would apparatus have to go around via 1-805 & 905 ? 4. Will there be provisions for emergency access during construction? FPB-29 9~¿? II-/PO " __.__m ....._._._..._ _n '_0_,..'__.._.__ It! LEEDSHIlL, HERKENHOFF, INe, 15/8012.32/89 MEETING MINUTES Proj ect: Otay Valley Road Subj ect: Waterline Requirements Date: January 19, 1989 In attendance: Robin Putnam - City of Chula Vista Shale Hanson - City of Chula Vista Manuel Arroyo - Otay Water District ~itch Young - Otay Water District Carrol Gove - Chula Vista Charles Bras - Leedshill-Herkenhoff Wain Cooper - Leedshill-Herkenhoff 1- As a condition of development, Otay Rio Business Park wi 11 be installing a 16" diameter AC water1 ine in OVR, from Maxwell going East for 2,900 feet, Line will be located in West bound lanes. 2. For remaining portion of OVR located East of proposed 16" WL (Sta. 86 + 80 to Sta, 100 + 75): - Otay Water District will provide the size of waterline that will be designed as part of OVR project, - Leedshi11-Herkenhoff wi 11 inc1 ude proposed water1 ine in OVR proj ect, following Otay Water District design criteria and specifi cations. - Construction for this portion may be deleted from OVR project, and installed at future date. 3. At the Maxwell intersection, a stubout to the South shall be incl uded with OVR project. Otay Water District will size this line and provide the valve configuration. 4. For OVR from I-80S to Brandywine: - OWD will provide the size of waterline that will be designed as part of the OVR project. - Thi s waterline shall be included with OVR project; with design by Leedshi11-Herkenhoff, - Decision will be made later by Chu1a Vista concerning actual construction. 5, New waterline not required from Brandywine to Maxwell. 6. Flow requirements for new waterlines in OVR estimated to be 5000 gpm, which wi 11 supply 3500 gpm for hydrants and 1500 gpm for building sprinklers. 7. Discussions held concerning proposed 3 MG tank; no decisions made. 9-t? ¡9 - tel ,..._-----~_.._...__._-_......_."~ ,. -_._",.-._"..~--_._-_._- .--- --------- COUNCIL AGENDA STATEMENT Item /¿l Meeting Date 1/18/94 ITEM TITLE: Resolution 17.3¿,'/ Making declaration regarding smplus in the improvement fund for Assessment District 88-1 (Otay Lakes Road, Phase I) SUBMITTED BY: Director of Public Works Iy'f-'" Director of Finance ¡;tt ' REVIEWED BY: City Manager-J4 ~ tff) (4/5ths Vote: Yes_NolO The City has conducted proceedings and completed construction of Assessment District 88-1 improvements pursuant to the terms and provisions of the Municipal hnprovement Act of 1913, Now that all improvements and payments of all claims are completed, the City needs to utilize the remaining smplus in the hnprovement Fund in accordance with Section 10427,1 of the Streets and Highways Code, RECOMMENDATION: That Council approve the resolution directing staff to utilize smplus funds to call bonds in Assessment District 88-1. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: In 1991 the City issued Assessment District 88-1 (EastLake Business Center) bonds in the amount of $7,349,608 to finance acquisition and construction of roadway and channel improvements between Rutgers A venue and the Eastiake Business Center. The public improvements constructed by the district were completed to the satisfaction of the City and all payments have either been made or set aside for all expenses, Pursuant to the terms and provisions of the Municipal hnprovement Act of 1913, being Division 12 of the Street and Highways Code, all surplus monies remaining in the hnprovement Fund at this time shall be applied as a credit to properties within the boundaries of the assessment district or alternately used to call bonds, thereby reducing outstanding assessments and subsequent assessment installments, Staff recommends that bonds be called because this is more efficient administratively and is in keeping with past practice in other assessment districts, Property owners who paid their assessment in full shall be reimbursed their fair share of the smplus, There are approximately $123,000 in smplus monies in the improvement fund to be used to call bonds, The smplus came from incidental cost savings and accumulated interest. FISCAL IMPACT: None to the City, All expenses have been paid from the hnprovement Fund (Fund 609) of the Assessment District, Calling bonds will reduce the future annual assessments of the property owners within the District, The current bond indebtedness is $7,110,000, The assessments will terminate in the year 2016 when the bonds will be fully paid, Attachments I-District Boundary 2-Cost Savings DDS:madlAY-073 WPC F:\home\engincer\agenda\IS53.94 /ð-j -'..,.--. RESOLUTION NO. 173&Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING DECLARATION REGARDING SURPLUS IN THE IMPROVEMENT FUND FOR EASTLAKE ASSESSMENT DISTRICT 88-1 (OTAY LAKES ROAD, PHASE I) WHEREAS, the City has conducted proceedings and completed construction of Assessment District 88-1 improvements pursuant to the terms and provisions of the Municipal Improvement Act of 1913; and WHEREAS, now that all improvements and payments of all claims are completed, the city needs to utilize the remaining surplus in the Improvement Fund in accordance with section 10427.1 of the Streets and Highways Code; and WHEREAS, pursuant to the terms and provisions of the Municipal Improvement Act of 1913, all surplus monies remaining in the Improvement Fund at this time shall be applied as a credit to properties within the boundaries of the assessment district or alternately used to call bonds; and WHEREAS, staff recommends that bonds be called because this is a simpler administrative task. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby, declare that approximately $123,000 in surplus monies in the Improvement Fund ( nd 609) for Assessment District 88-1 be used to call bonds. Presented by Ap ~ ed a. ¡ í" by John P. Lippitt, Director of Boogaard, 1 y Public Works C:\RS\88-1 . JC--;¿ "- -~.~ ....-.. ..".__..~. . ~._...._.- -....--.--,... lSSESSMENT DIAGRAM OF ASSESSMENT DISTRICT 88- 1 CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA OTAY LAKES ROAD PHASE I AND TELEGRAPH CANYON CHANNEL SEGMENT I @ !~~:l 231.21 BOSWELL -- BoSWELL RD, cr, I @ @ ® ® @ @ 231·14 231-1:3 231-12 231-31 231.32 I r I þ z ~ ® ® @ 231-28 231_27 231.33 ,r, SE:E: 2~1I1 T .5\ ~(' .>. N I -Z- 0 NOT TO ~ 'IV ~O· AN ASSESSf,tENT WAS LE\t1ED BY THE CITY COUNCIL OF THE CITY OF CHULA\t1STA,STATEOFCAlIfORNIA,ONPARCELSOFLANOSHOI'MDN THIS ASSESS~ENT DIAGRAM ~AP. SAID ASSESS~ENT WAS LEVIED ON THE _~_ ¡;jAY OF __~~___. 1991. SAID ASSESS~ENT DIAGRAM AND THE ASSESSMENT ROLL IYERE RECORDED IN THE OFfICE OF THE STREET SUPERINTENDENT OF mE CITY OF CHULA VISTA ON THE ___DAY OF _______~ 1991 REFERENCE IS MADE TO n-tE ASSESSMENTROU RECORDED IN THE OFFICE OF THE STREET SUPERINTENDENT fOR THE EXACT AMOUNT QF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHDI'hoI ON THIS ASSESS~ENT DIACRAtJ. ®CLERK.my OF CHULA VISTA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA LEGEND THIS ____ DAY OF _______ 1991. ---------------------- ---- DISTRICT BOUNDARY CITY CLERK, CITY OF CHULA VISTA RECORDED IN THE DFFICE üF THE STREET SUPERINTENDENT OF THE CITY OF PARCEL BOUNDARY CHULA VISTA THIS ___ DAY OF _~__ 1991. ----STREET SiJPERINTENDENf-- ~i%a NOT A PART OF THE DISTRICT CITY OF CHULA VISTA i~L~Doo~H~_-=-_- pDAAG~ O~_==-~S \if\~JESStJ-EÑF~~~~TS,"RECõRDER'S @ ASSESSMENT NUMBER DOCUMENT NO. ____ IN mE OFFICE OF THE COUNTY RECORDER OF mE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ToüÑfrR"EC;OR"DE'R-oTsAÑ-õïfco-Cõ"'ûÑ"TY- 232-07 ASSESSOR BLOCK AND PARCEL NUMBER ND" mE 80UNDARY AND PARCELS AS SHO'M'l HEREON ARE AS SHOWN IN BOOK 595 OF ASSESSOR PARCEL MAPS OF W WlLLDAN ASSOClATBS THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ÇO"'UL~"G ["GI"££~' 'NO pc^.."t~S ...._'"-..~ ...._...."..,,"~-,-... J.N. J6~OO SHEET 1 OF 2 /t:J~ 3 ATTACHMENT 1 SHEET 1 OF 2 .. .... ASStSSMENT DIAGRAM O~ ASSESSMENT DISTRICT 88-1 CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA OTAY LAKES ROAD PHASE I AND TELEGRAPH CANYON CHANNEL SEGMENT I ~. s~ ~ " t;: ~ ~ 595.300·08 ~ ~ .À , , \ , Z. I 0 - @ 595-070-24 I I I .. /\'-O .. .. .........::..'-, .. ,,> .. T LEGEND ---- DISTRICT BOü;'>JÐARY N I PARCEL BOUNDARY ~~ NOT A PART OF THE DISTRICT NOT TO S~ @ ASSESSMENT NUMBER 232-07 ASSESSOR BLOCK AND PARCEL NUMBER NOTE THE 80UNDARY AND PARCELS AS SHOWN HEREON ARE AS SHOWN IN BOOK 595 OF ASSESSOR PARCEL MAPS OF W ~~t~~GI~[~~~:a:~ THE CQUNTY QF SAN DIEGO,STATE OF CALIFORNIA. ..,_.._..~"'-..."''"~".,....'-''. J~-,-/ J.N.36300 SHEET 2 OF 2 ATTACHMENT 1 SHEET 2 OF 2 ._,., ---,---- -,._--,-----~-_...__.,". ATTACHMENT 2 Estimated Actual Bond Counsel $50,000 $40,874 financial Consultant 60,500 43,478 City 22,300 19,073 (1) Notice 3,000 965 Bond printing 10,000 5,075 Res" Discount, Cap, I 992,320 920,754 $1,138,120 $1,030.219 Difference = $107,901 Interest = 15,275 Total = $123,176 (1) final amount pending FY 93194 staff time transfer WPC F:\HOMEIENGINEER'AGENDA\l553.94 JiJ-5 . ---+-"""-.---.- "...--...--. ---......-.-.-- COUNCIL AGENDA STATEMENT Item Ij Meeting Date 1/18/94 ITEM TITLE: Public Hearing on Adoption of the Telegraph Canyon Sewer Pumped Flows Fee SUBMI'ITED BY, Directo, Of""b¡;'W"~ REVIEWED BY: City ManagerJ1 bÒ ---J (4/5ths Vote: Yes_No.xJ On January 4, 1994 Council continued the Public Hearing for the adoption of Telegraph Canyon Sewer Pumped Flows Fee to January 18, 1994, Staff has held meetings with the developers affected and, though the concept of the fee is agreed to, there is still further discussion continuing on the implementation of the fee, RECOMMENDATION: That Council continue the public hearing to February 1, 1994, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, JPL:8BlENGlNEER/AGENDAlPUMPFLOW:CON 011094 !j-J -' ----_....'_.,---,,-...--- CITY COUNCIL AGENDA STATEMENT Item /J..- Meeting Date 01-18-94 ITEM TITLE: A. ORDINANCE ;.S'3'? ADDING CHAPTER 2.35 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE CREATION OF THE HOUSING ADVISORY COMMISSION TO SERVE AS A RESOURCE, TO ADVISE AND TO MAKE RECOMMENDATIONS TO THE CHULA VISTA HOUSING AUTHORITY, REDEVELOPMENT AGENCY, CITY COUNCIL AND CITY MANAGER ON HOUSING ISSUES AND OPPORTUNITIES THAT WOULD BENEFIT THE COMMUNITY B. RESOLUTION / / J ~~ ADOPTING MISSION STATEMENT AND GOALS OF THE CHULA VISTA HOUSING AUTHORITY SUBMITTED BY: Co=writy D""opm':r"" (.s. REVIEWED BY: City ManageÜi l%Ö D j ~ (4/Sths Vote: Yes _ No x..> BACKGROUND: On March 2, 1993 the City Council, by resolution, established a finding that a shortage existed of safe and sanitary dwelling accommodations available to persons of low income at rent levels they can afford, declared the need for a Chula Vista Housing Authority to function, determined the powers and duties of the housing authority, declared the City Council of the City to be the Commissioners of the authority and designated officers and staff to serve the authority. In order to complete the legal formation process of the Chula Vista Housing Authority (CVHA), a Housing Advisory Commission needs to be established. An ordinance establishing such a commission is attached. In addition, a report on the recommended mission and goals of the Chula Vista Housing Authority is herein discussed. RECOMMENDATION: That the City Council place on first reading the ordinance establishing a Housing Advisory Commission and adopt the Resolution approving the recommended mission and goals of the Chula Vista Housing Authority. BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Committee reviewed the ordinance establishing the Housing Advisory Commission at their August 25, 1993 meeting. DISCUSSION: Previously, when the City adopted a resolution declaring a need for the Chula Vista Housing Authority, City Council also declared itself to be the CVHA Commissioners and decided that a Housing Advisory Commission would be created in the future through separate action. The purpose of such Commission is to serve as an advisory body to the CVHA on ¡;J. - / --._- '.- -~_._._~..._-~_..-- ~_...._... ._-... 0····-······----- ..___~___.~ Item jJ- Meeting Date 01-18-94 Page 2 housing issues and to satisfy an organizational requirement of the Authority. Pursuant to State law where the governing body of the City declares itself to be the Commissioners of the Authority, the governing body is required to create a Housing Advisory Commission and make two tenant appointments to the Commission. City Council selected this organizational approach because it did not require any changes to the current Council structure and because it will coordinate well with the pending consideration to establish a commission which can replace the existing Housing Advisory Committee. The Housing Advisory Committee was established in 1989 originally as a Task Force responsible for addressing mobilehome park relocation issues. At that time, the City Council did not establish the committee by ordinance, nor did it define the committee's membership or goals. Since then, the committee has played a significant role as an advisory body to the Council on all major housing issues. However, this committee has never been formalized and made part of the City charter, and the role of this committee is not spelled out in any written document. The formation of the Commission presents an excellent opportunity to resolve two issues at one time, since there is currently the need to form a Housing Advisory Commission to satisfy the legal requirements of the CVHA and to respond to the strong desire by the members of the Housing Advisory Committee to play a more significant role. The committee members believe that the number of affordable housing plans and projects has grown and that a formal Commission with clearly defined goals and a representative membership can best serve the needs of the City, It is recommended by staff that the Commission be made up of seven members, with the following representation: I Lender/Mortgage broker I Developer/real estate broker I Non-profit staff or board member I Low-income senior tenant 1 Low-income tenant 2 Representatives at large It is also recommended by staff that the Commission pursue the following goals: 1. To assess the housing needs of the residents of Chula Vista and to identify new directions for the City's housing programs in order to meet changing needs; 2. To review and make recommendations concerning housing plans and annual reviews of housing plans (including the Housing Element and CHAS); 3, To review and make recommendations on all matters to come before the Housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes from its review; 4. To review and make recommendations on all assisted housing developments and )).-02. ___..___......_.__" - '-"__"0 ___~__ Item IJ- Meeting Date 01-18-94 Page 3 on housing developed under the City's Affordable Housing Program; 5. To review and make recommendations regarding community education and outreach for low and moderate income housing opportunities; The proposed ordinance establishing the Housing Advisory Commission is attached as exhibit A. MISSION AND GOALS OF THE CVHA By State Law, housing authorities are empowered to develop, finance and own low income housing. In addition, many Federal low-income housing subsidy programs provide funding solely to Housing Authorities. The majority of Housing Authorities in the state are created primarily to administer rental assistance certificates, while a few use the full range of powers available to them. However, it is recommended that the CVHA take advantage of all appropriate powers and duties available by law to the Authority. The following is a list of powers and duties which the CVHA is recommended to assume; · Provide rental assistance and payments · Build, own and operate housing · Investment of funds · Provide for relocation assistance and payments · Use of imminent domain · Issue bonds · Contract for services · Rehabilitate property · Finance housing projects · Undertake joint exercise of powers Considering the housing needs of the City as identified by the Housing Element and the Comprehensive Housing Affordability Strategy and taking into account the goals and objectives established by these documents, it is recommended that the Mission of the CVHA be to activelv maintain. improve and develop quality neil!hborhoods and housinl! op.portunities throughout the City. Based on this Mission the following goals are recommended; · Develop and finance low income housing. · Consider benefits of ownership of low income housing, · Provide housing assistance which benefit low and moderate income residents with the objective of alleviating substandard housing and increasing the supply of affordable housing, /}.-} ..-. -- ..~_._-- ___"_"'_m "-"---'- ..._,,---_.._---~_..- Item /.2 Meeting Date 01-18-94 Page 4 · Expand housing opportunities for low and moderate income households through partnerships with state and local government, private developers, lending institutions and non-profit agencies. · Conserve and rehabilitate existing housing stock in order to protect and preserve affordable housing opportunities that would otherwise be lost. · Encourage private sector participation in the solution of local housing issues, and in the development of innovative concepts for the provision of affordable housing, It should be noted that a recommended power and duty of the CVHA is to build, own, and operate housing, and that a recommended goal of the CVHA is to expand housing opportunities through partnerships with other entities, including non-profit agencies. Some further discussion of these two recommendations and how they relate is appropriate, especially in light of recent Council comments during consideration of the Bayscene Mobilehome Park project and the Palomar Apartments at-risk housing project. A significant advantage of having a housing authority is the power to build, own, and operate housing, Housing authorities are uniquely eligible to funding sources and financing tools to pursue this power, especially those provided by the federal government. It is anticipated that specific funding and financing opportunities will arise that will make it logical and advantageous for the CVHA to develop such housing. In general, however, the development and ownership of housing by a housing authority does not offer significant opportunities for real estate investment returns. Most federal housing programs restrict the "profit" that a housing authority can realize, requiring that projects be held as low-income housing in perpetuity and requiring that excess proceeds from projects (which seldom occur) be reasonably reinvested in the projects, with surpluses returned to HUD. It is possible to build market-rate housing as a housing authority, as long as 70 % of the total housing stock owned by the housing authority is low income housing, The market-rate housing can realize profits, which can then be used for other housing activities of the housing authority, None of those revenues can be used by the corresponding cities or redevelopment agencies. The CVHA should explore innovative ways to realize revenues from housing development which can be used to pursue additional housing opportunities. Housing partnerships are also advantageous for a housing authority, just as they have been advantageous for the City and the Agency, With the reduction in federal housing programs that began with the Reagan administration, housing providers turned increasingly to local sources of funds and expertise. What resulted was the emergence of local non-profit housing corporations as the main tool for the production of affordable housing. HUD and state housing agencies started directing funding, financing, and tax advantages to non-profits. This trend has continued to today. In response, Chula Vista selected South Bay Community Services (SBCS) as the target non-profit that would be assisted to build capacity to develop affordable housing. Community Development Block Grant funds have provided multi-year support to allow SBCS to employ a Housing Director and cover other administrative costs. Chula Vista has looked to SBCS to "step forward" on affordable housing projects which would benefit from the participation of a non- profit, while the City/Agency has taken the role of facilitator and lender. A clear example of /.2-1 - --~ _ .__ .. u ._. _ _ _____._,,__._..,' ....__.__.__._~__,____ Item 1;2. Meeting Date 01-18-94 Page 5 the advantage of this partnership is Casa Nueva Vida, the short-term housing project. SBCS was eligible to funds that go to non-profits; SBCS could raise private donations effectively; SBCS could deliver coordinated social services to the project. As a housing authority project, Chula Vista would have faced a labor-intensive operation, would have had to contract for social services coordination, and would have had no expectation of realizing "profits." It is recommended that CVHA pursue a balanced approach on this issue. The Authority should look for project development and ownership opportunities that have promise of yielding revenues that can be used for other housing activities. The Authority and the City should also continue to look for housing partnership opportunities, calling upon SBCS and all other housing non- profits to do their important part in the development and operation of affordable housing. Potential projects should be evaluated for the most effective course of action. The recommended powers and duties and the recommended goals provide for this balanced approach. TRANSITION OF PROGRAM FROM COUNTY TO CITY In 1975, the City of Chula Vista consented to the transaction of housing activities by the Housing Authority of San Diego within its territorial boundaries, until such time as the City established its own housing authority, Upon forming the Housing Advisory Commission, the City will take a major step in the establishment of the CVHA. Additional steps required to complete the process will be to officially declare the existence of the Authority to State and Federal agencies and for the Authority to hold its first meeting, at which time the Commissioners can approve the CVHA by- laws and appoint its officers, These steps are expected to be taken within the next month. City and County staff have been meeting to discuss transitional responsibilities, which include preparing an amendment to the existing agreement which will allow the City to contract with the County for needed services until the CVHA is in a position to undertake all tasks, Housing authorities, over time, have been able to generate enough revenues from their administrative fees sufficient not only to pay for their operational costs but also to pay for, supplement or expand city programs designed to increase housing opportunities. However, at the rate that new subsidy certificates are issued by HUD, this could take years before the CVHA could reach a self-supporting level. Research of other existing housing authorities indicates that it takes about 200 new rental subsidies under contract to reach a financial break-even point. At that point, assuming no significant programmatic or fiscal changes, economies of scale would typically allow the administrative fee of 7 % of monthly subsidies to carry the housing authority's administrative costs. Under this approach, the CVHA would have to apply for new subsidies from HUD as they became available (perhaps twenty to thirty per year) and contract with the County Housing Authority or another housing authority to administer those subsidies until the CVHA reached the break-even point and could take over administration of the subsidies. An alternative is for the County Housing Authority to turn over the administration of the existing ---- ;;<-0 .....-.-.--..-.-.-. -_.,--"....,------'^..,.._~-_..._,,+---,_._-_.~-_....+.---.. Item /).. Meeting Date 01-18-94 Page 6 Section 8 rental subsidies in Chu1a Vista to the CVHA. There are currently approximately 1100 such subsidies in Chula Vista under the administration of the County Housing Authority. If the CVHA could receive administration of all or most of those certificates at one time, it would be possible to operate immediately as a functioning housing authority, with the revenues to add the necessary technical staff (general administration could be performed by existing Community Development staff; occupancy specialists, a skill category not currently existing on staff, would need to be added at a rate of approximately one position per 300 subsidies). Staff has been discussing this alternative with staff of the County Housing Authority. They are unwilling to recommend this alternative to the Housing Authority Board (the County Board of Supervisors). The County Housing Authority staff position is that they will retain administration of their current units in Chula Vista, and, as those who are receiving those subsidies in Chula Vista come off the program (pass away, become financially ineligible, etc,), that those subsidies will be moved to other parts of the County Housing Authority's jurisdiction, This position could result in significant leakage of rental subsidies from Chula Vista. The County indicates that they experience a turnover rate on subsidies of approximately 10 % per year, which would result in the loss from Chula Vista of approximately 110 subsidies per year, a much faster rate of loss than could be replaced from new subsidies provided by the annual HUD process. Staff feels that the County staff position is unacceptable. As a result, staff has been conferring with experts in housing authority and HUD laws and regulations to determine Chula Vista's rights and to formulate a negotiating position with the County. Staff and the City Attorney's office are exploring the desirability of recommending contracting for specialized legal assistance on this issue, and staff will be reporting back to the Council on this issue in the near future. FISCAL IMPACT: The establishment of the Housing Advisory Commission and the adoption of the Housing Authority Mission and Goals does not have any fiscal impact. [AG\B:\HAC.113] DISK #11 /2 -¿, -...-.-......,.-..-.....- ORDINANCE NO. 02.5%¿, AN ORDINANCE OF THE CITY OF CBULA VISTA ADDING CHAPTER 2.35 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE CREATION OF THE HOUSING ADVISORY COMMISSION The City Council of the City of Chula Vista does ordain as follows: SECTION 1. That Chapter 2.35 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.35 HOUSING ADVISORY COMMISSION Section 2.35.010 Creation. Pursuant to Section 34291 of the California Health and Safety Code, there is hereby created a Housing Advisory Commission (Commission). Section 2.35.020 Purpose and Intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing Authority, Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would benefit the community. Section 2.35.030 Functions and Duties. The functions and duties of the Commission shall be as follows: A. To serve as an advisory body to the Housing Authority, City Council, Redevelopment Agency, and City Manger. B. To periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies, including the Housing Element of the General Plan, the Comprehensive Housing Affordability Strategy, and the Redevelopment Agency Housing Plan; and, to make recommendations to improve said plans to address identified community housing needs. C. To review and make recommendations on all matters to corne before the housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes form its review. /;1,7 . ......-----.--- . _._.,..~~_._---_.._._~ D. To review all proposed affordable housing projects to be assisted with public funds or incentives and make recommendations concerning said projects. E. To review all affordable housing project proposed under the City's Affordable Housing Program and related development agreements and make recommendations concerning said projects. F. To review on-going housing programs of the Housing Authority, City, and Redevelopment Agency and make recommendations for improvement thereo f, including efforts to publicize the availability of housing opportunities to City residents. G. To perform such others functions or duties as my be delegated by the Housing Authority. Section 2.35.040 Membership A. Number of Members. The Commission shall consist of seven (7 ) Voting Members and up to two (2) General Ex-officio Members. B. Designation of Members. 1. Voting Members. The Voting Members shall be appointed by the City Council from the qualified electors of the City, according to the following specifications: a) one (l) of whom shall be appointed as a representative of lenders and who shall, at the time of their appointment and throughout their term, be engaged in residential lending; b) one (l) of whom shall be appointed as a representative of developers and real estate brokers and who shall, at the time of their appointment and throughout their term, be engaged in residential development or real estate transactions; c) one (l) of whom shall be appointed as a representative of non-profit housing development organizations, and who shall, at the time of their appointment and throughout their term, be engaged in non-profit housing development; d) two (2) of whom shall be appointed as representative of tenants, and who shall, at the time of their appointment and throughout their term, reside in public housing or receive Section 8 rental housing assistance from the Housing Authority; one of the above shall be 62 years of age or older. Jr2-cr _....,.--_..._._~._._._- -.----....--',--.--- ,.,-_._.._._-------~-~--._-~ e) two (2) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status. 2. General Ex-officio Members. The City Council, or its designee, may appoint not greater than two (2) additional ex-officio Members of the Commission, who shall not be required to be qualified elector (s) of the City, but any such appointed ex-officio Members shall have no vote ("General Ex-officio Member") . 3. No Compensation. Members of the Commission, and any persons voluntarily assisting the Commission in conducting its duties shall serve at no salary, but may be reimbursed for expenses incurred in the performance of their duties while serving the City of Chula Vista in accordance with policies adopted by the City and to the extent that appropriations for such expenses have been provided by the City Council in approving the Commission's budget. Section 2.35.050 Term of Office A. Term of Office--All Classes of Members. 1. Post-Initial Terms. Except as otherwise provided in this Subsection A, the term of office of all Members, and all classes of Members, of said Commission shall be for a nominal period of four (4) years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office. 2. Initial Terms of Voting Members. Notwithstanding subsection A.l., the Initial Terms shall commence upon appointment and shall conclude, for two (2) Voting Members on June 30, 1996; for two (2) Voting Members on June 30, 1997; two (2) Voting Members on June 30, 1998; and for one (1) Voting Member on June 30, 1999, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. a. Assignment to Initial Terms by Lot. Voting Members shall be assigned to Initial Terms by lot at the first regular meeting at which all Voting Members are present. /;2 -1 ._.__. _________n____ __ __ ~______~___.____.___ 3. General Ex-Officio Member. The term of General Ex-Officio Members shall be for a period of four years from the time of appointment. 4 . Holdover Office. Notwithstanding the end of any Member's Initial Term or Post-initial Term as herein provided, a Member, shall be permitted to continue to exercise the privileges of his former Office after the end of his term until the Office to which he was assigned if filled by his re-appointment or by the appointment of a qualified successor to his Office. 5. Vacancies. Notwithstanding the term of Office to which a Member is assigned, said Office shall be deemed vacant upon any of the following events ("Event of Vacancy") : a. The death or disability of said Member that renders said Member incapable of performing the duties of his Office. b. The termination of his status as Member of the Commission or the classification he was assigned to represent on the Commission. c. The Member's conviction of a felony or crime involving moral turpitude. d. The Member's absence from three (3) regular, consecutive meetings of the Commission, unless excused by maj ority vote of the Commission expressed in its official minutes. e. The Member has submitted his resignation which resignation has been accepted by the City Council. f. The Membership has been terminated by three affirmative votes of the City Council. Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council shall so declare the Office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. /,2.-/0 -- - B. Number of Terms. 1. Voting Members. a. Two Term Limit. No Voting Member shall be appointed to more than two (2) terms except as herein provided ("Two Term Limit"). b. Unexpired Term Exception. Notwithstanding the Two Term Limit, a person appointed to the Committee as a Voting Member to fill the unexpired term of an Office of a Voting Member which has become vacant ( "Unexpired Term" ) which has less than two (2) years remaining on said Unexpired Term, may be appointed to two (2) terms in addition to their Unexpired Term. A Voting Member who currently occupies an Office may not be re-appointed to fill the Unexpired Term of another Office which has become vacant. c. Initial Term Exception. Notwithstanding the Two Term Limit, a person appointed to an Ini tial Term of two (2) or less years may be appointed at the natural expiration of their Initial Term to two (2) terms in addition to their Initial Term. A Voting Member who occupies an Office under an Initial Term may not be appointed to fill the Unexpired Term of another Office which has become vacant. d. Any Voting Member may be re-appointed to serve on the Commission after two (2) successive years of not serving on the Commission in any Office or Membership capacity. 2 . General Ex-officio Members. A General Ex-officio Member may be reappointed without limitation as to number of terms. Section 2.35.060 Operation of Commission. A. Time of Meetings. 1. "Organizational Meeting". Among such other meetings as the Commission may desire to have, the Commission shall meet not later than in the first week of July each year ("Organizational Meeting"), and thereupon shall do the following: a. Select a Chairperson and a Vice Chairperson from among its Voting Members to serve for a period of one (1 ) year. /;2 -j / -~_....- . .".~_.- - -------~.. b. Assign such duties to its Members as it determines may be necessary. c. Deliberate upon agenda issues for further deliberation and discussion by the Commission. 2. Other Meetings. The Commission shall meet at such other times as it shall establish by majority vote, or at such time as the Chairperson thereof may call, or at such times as a majority of the Members thereof may call a meeting. B. Place of Meetings. Unless the Commission shall otherwise establish another regular place for its meetings and advise the City Clerk accordingly, the Commission shall meet in the Council Conference Room in the Administrative Building at the City Hall Complex located at 276 fourth Avenue,Chula Vista, or at such other place as may be posted upon the door of sid Conference Room at least thirty (30) minutes in advance of the Meeting. C. Conduct of Meetings. The meetings of the Commission, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of public meetings. D. Quorum. Five (5) Voting Members shall constitute a quorum for the transaction of business. E. Resolutions. The affirmative vote of maj ority of the entire Membership shall be required for the passage of any resolution of the Commission. F. Reports and Recommendations. All reports and recommendations shall be made in writing. G. Staff Support. All officers and department heads shall cooperate with the render reasonable assistance to the Commission. The City Manager may make available staff and clerical support to the Commission to fulfill its functions and duties, provided such staff and clerical support is available. /.2~/;z. ..._---- ,_.-.----~-_._----- H. Rules and Regulations. The Commissions may make such rules and regulations not inconsistent with the provisions of this Chapter. Section II. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ~ ~ Chris Salomone ruce Community Development Director b:\housauth.doc J.2~/J ---- ~..--.~ ^ - ._._._._.._~.- . --"---..-----------.. RESOLUTION /7.303 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MISSION STATEMENT AND GOALS OF THE CHULA VISTA HOUSING AUTHORITY. WHEREAS, the City Council has created a housing authority pursuant to the Housing Authorities Law of the State of California; and WHEREAS, the City Council finds that it is in the best interest of the City of Chula Vista to enable a housing authority to function within the City of Chula Vista; and WHEREAS, it is necessary to adopt a Mission Statement and goals in order to provide a framework and set of principles for the Chula Vista Housing Authority to carry out its intended purpose, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby f"md, order, detennine and resolve as follows: A) That the mission of the Chula Vista Housing Authority shall be to actively maintain, improve and develop quality neighborhoods and housing opportunities throughout the City, B) That the goals of the Chula Vista Housing Authority shall be to; 1) Develop and finance low income housing. 2) Consider benefits of ownership of low income housing. 3) Provide housing assistance which benefit low and moderate income residents with the objective of alleviating substandard housing and increasing the supply of affordable housing. 4) Expand housing opportunities for low and moderate income households through partnerships with state and local government, private developers, lending institutions and non-profit agencies, 5) Conserve and rehabilitate existing housing stock in order to protect and preserve affordable housing opportunities that would otherwise be lost. 6) Encourage private sector participation in the solution of local housing issues, and in the development of innovative concepts for the provision of affordable housing. PRESENTED BY: APPROVED AS TO FORM BY: Chris S~oñ: - ~~ Community Development Director ).,2-/L/- \) ..----.-.--... --"'--~-----_..--_._._---_..- . . ._-~- - 0 0 MINUfES OF ^ REGULAR MEETING OF THE CITY COUNCIL i OF THE CITY OF CHULA VISTA Tuesday, March 2, 1993 Council Chambers 4:07 p,m, Public Services Building CALL TO ORDER 1. ROIl. CALL: PRESENT: Councilmembers Fox, Horton (anived at 4:32 p.m.), Moore, Rindone, and Mayor Nader, ABSENT: None ALSO PRESENT: John D. Goss, City Manager; Sid Morris, Assistant City Manager; Bruce Boogaard, City Anorney; and Beverly A Authelet, City Clerk. 2. PUIDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: Proclaiming 1993 as Senior Center Year in the City - The proclamation declaring 1993 as Senior Center Year was presented by Mayor Pro Tern Rindone to Erna Lenihan. CONSENT CALENDAR (Items pulled: 5a, 5b, 6, and 10) THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the ved unanimously. 5. a. Letter requesting fun of a traffic light on Dray Lakes Ro t the Gotham Street comer -MariIee Castenholz McKelvey, 1615 Goth treet, Chula Vista, CA 919 . It is recommended that Ms, McKelvey be advised by staff of the status of the oposed signal and staff will recommend a signal be installed at either Gotham or Elmhurst after a decis on the transit center. Pulled from the Consent Calendar. Mayor Nader asked staff to respon , Davis' concerns that re should not be a link between the traffic signal and the transit center. áff still believed that the two slì d be tied together, how long would it take? Mr. Uppitt respond at staff still thinks there is a connection, although the made the decisi at the only place they want to look for the transit facility 1 ear the new library. In that case, w ould still be putting the signal either at Gotham or Elmhurst; Gotham uld be the preferred location, aff is not excited about this option because of costs. He felt it would pr bly take another three four months before all the information is in, and the Council and School Board ensus, );2 -/7 --- -~- _._---~--,----_.._-_.._._._._.~""...,-,------_._--- 0 0 - MINUTES March 2, 1993 Page 10 ts for county, state, and federal funds and needs conditional site approval. Staff recommends the item. (Director of Community Development) to continue the item to March 9, 1993. Councilman Rindone stated t when the original apartment complex was submitted to uncil, it was alleged that this was not a pro for the homeless. It was a project that would vide transitional housing. Chula Vista needs to do so thing about the homeless, but this is a regi issue and should be dealt with regionally. He requested tha e don't just jump in because it app the project is changing, One city working alone cannot resolve this obi em. He wanted to kno at SANDAG was doing and wanted a very thorough analysis when this co Councilman Moore stated that the original ley of SANDAG was a fair slì oflow and moderate housing. and very low income. He felt the s should bring back as part of the report the statistics for low, low, transitional, and homeless in the eig This would give the Council s e background on the fair share, Mayor Nader expresse at SANDAG was exacerbating the situation by supporting a mor 'um on the able housing on the Otay Mesa for the purpose of further studying an a rt to be built by the p er who has already rejected the idea. Councilman Moore responded that it not ity of San Diego. Mayor Nader stated that it was not the SANDAG Board, but SANDAG s contacts he has had with the South Bay Community Services, they are seeking region utions to this project and that it is designed to serve primarily South Bay families, 21.A RESOUTnON 17021 FINDING A SHORTAGE OF SAFE AND SANITARY DWEUJNG ACCOMMODATIONS AVAILABLE TO PERSONS OF LOW INCOME AT RENT LEVElS THEY CAN AFFORD, DEa.ARJNG THE NEED FOR A œuI.A VISTA HOUSING AIITHORfIY TO FUNCI10N, DETERMINING THE POWERS AND DtmES OF THE HOUSING AIITHORfIY, AND DEa.ARJNG THE crIY COUNQI. TO BE THE COMMISSIONERS OF THE HOUSING AUTIiORfIY -In order to gain further insight into the formation of a Housing Authority, staff has been in contact with representatives of the County Housing Authority, other city housing authorities, and the Federal Department of Housing and Urban Development (HUD). Staffs review and analysis indicates that procedurally, the City must first form a housing authority and designate officers and staff to serve the authority by resolution under Section 34200 of the Government Code, Staff recommends approval of the resolutions, (Director of Community Development) B. RESOLU110N 17022 DESIGNATING OFFICERS AND STAFF TO SERVE THE œuI.A VISTA HOUSING AIITHORfIY Councilman Moore asked if we voted on this tonight, are we saying that we will not take any official increased cost, increase staff, increase office spaces until it comes back to Council in two years when we are ready to be self supporting? Community Development Director, Chris Salomone, responded that it would be inaccurate to say that there would not be some cost. Existing staff would be coordinating activities, County Housing Authority would be operating the program until we have gotten an allocation from the federaj government of enough units to be self supporting, There will be minor costs, such as administrative, but they will be easily absorbed by existing staff, Councilman Moore stated he had concern with the cost. Have we asked the County to allocate any units? Mr. Salomone stated those discussions have taken place, but they would not support that. They do not want to lose the staff and the fees, \ /;2-/r ..-- -,.._..__......._..+_._.._._.._~-----~------- - 0 0 MINUTES March 2, 1993 Page 11 Councilman Moore asked if that meant they will have to lay someone off if we collect the next two hundred units under our jurisdiction? Mr. Salomone responded that that will not happen. This is the advantage of this, As it grows, their existing staff keeps their fee, Councilman Fox asked if the administrative fee of 8.2 percent of the monthly subsidies was when it reached 200, Then what would be the fee before it reached 2oo? Housing Coordinator, Juan Arroyo, responded that any new certificate which the city acquired over time, everyone can charge 8,2 percent of the monthly rent. This could be used to cover administrative cost. That fee becomes available to the City upon any new certificate, Councilman Fox stated that if the County was administering the certificates until the City reached the 200 point, who would get the 8.2 percent? Councilman Moore responded that they use the 8.2%, When we say we are going to take over, then they cease and we step in, Councilman Fox asked what other specific duties will the Commission have other than the administrative ones listed in the staff report, Mr. Salomone responded that the grievance hearings will be conducted by staff; the Council or Commission will not have to get involved in those. The Housing Authority Committee would be the last court of decision on appeals. Councilman Moore asked how many cities had housing authorities where the elected officials were the Authority? Mr. Arroyo stated that most cities do not have Housing Authorities, Only Carlsbad, Oceanside, and National City have their own Authority whereby the Council is the Authority. Mr, Salomone stated that the Authority will not have the workload that the Redevelopment Agency does. The Authority would be involved in grant applications, approving contracts with HUD for administration of the hoúsing certificates, bond issues, etc, Councilwoman Horton stated she was in support of the staffs recommendation. She felt that as a start up situation this was the best route to take to get this program going, She was glad to see Chula Vista forming its own Housing Authority. However, she would like to have staff come back with a Vision, Mission Statement, and specific Goals, Also important would be to have staff come back on a regular, basis, even monthly, with a report letting Council know what has been transpiring -- for example, what has staff been doing, what grants have been applied for, what type of funding has staff been able to get, Councilman Rindone asked if the County will still have jurisdiction in Chula Vista for the previous housing units under them which would result in overlapping jurisdictions. Mr, Salomone stated this was correct. Councilman Rindone asked if staff saw any problems with that? Mr, Salomone stated there could be resultant confusion among the tenants. However, this is the format which has been followed by many cities throughout the United States and is a typical process as a city grows away from the County jurisdiction on housing, We will be creating a new constituency of housing tenants in the City who will come to us for all kinds of housing needs, The County people who are on the County Section 8 program have been certified, have been qualified, and assigned to a case worker at the County. They have a strong communication with that person, It is not likely that those people who are on that program will come to the City. ' There will be overlapping jurisdictions; there are a thousand Section 8 units in the City that are subsidized under the County Housing Authority, Councilman Rindone requested that staff, if this is approved, contact other cities to see the extent of what that problem would be. If it is a problem, how have they addressed it. He also asked, on a regional basis, if we would be duplicating fixed costs? Is this a concern overall? There is a school of thought that the best delivery system on a regional basis might ultimately be more cost effective, He would want to know the net impact on that and if it has been looked at. Mr. Salomone responded that if you look at Section 8 administration which is the HUD program, there are regional economies. One of the predominate reasons for becoming an Housing Authority is to give us the chance to go after the money which is offered only to Housing Authorities and to create projects and programs locally that are afforded by the federal government and other agencies only to Housing Authorities, /;2-1; -.--...,.-.-.-" ---.- -_._---~-,.,_.._....- MINlITES 0 0 March 2,1993 Page 12 '¡ Mr. Goss felt that one of the things on regionalism has to do with the fact that it is better to eliminate all the chiefs and have only one. We are creating a new housing authority director with all the management and administrative hierarchy fitting in what we already have. There are no new positions being created in that respect. Councilman Rindone stated he did not want Council to contribute to the cost of government. He did not want to create another layer of government, He was swayed when you can become proactive for our community in getting grants in what is called "soft money" to contribute it to general entitlement and funding of your programs. Mayor Nader asked if seven members was the number which was required by state law for the Housing Advisory Commission? City Attorney, Bruce Boogaard, responded that state law states you have to have seven and because you have chosen a five member authority consisting of the City Council then you will have to have a seven member Housing Advisory Committee. Two of them must be tenants and if there are tenants who are 62 or older then one of members must be 62 or older, Mayor Nader stated that the present Housing Advisory Committee is a seven member committee appointed by the Mayor with Council ratification, There is currently one vacancY. He does not know if any of the remaining six members are tenants who would fuIfùl one of the requirements for these two tenant seats within State law. If that is the case, then by holding the current vacancY open, we could assure what people are getting at. Councilman Moore asked if we were talking about Section 8 only? What about the other housing units that the County has been working with us such as the HUD family units on F Street, Melrose, and Dorothy? Do they retain overseeing those? Mr, Salomone stated they will retain ownership of those projects, In the future, we will be able to do those projects on our own without the County's assistance, Councilman Moore asked if Section 8 was basically rental units and what happens when a number of them move, relocate, or pass away? Mr. Salomone responded that they are rental subsidy, Those people have a certificate in place until they no longer qualify for that certificate, They would be disqualified if their income increased. This would be effective anywhere in the County. Mr, Arroyo stated that anyone who has a certificate can move to any other jurisdiction, Upon moving to another jurisdiction, the original authority maintains 20 percent of the fee, Likewise, Chula Vista could administer the certificate coming into the City, then we would receive 80 percent of the fee, Councilman Moore stated that staff has listed the sequence of actions on the staff report, The vote tonight will accomplish the first one, Does that mean the other four will come back sometime in the next two yean? Mr, Salomone stated that actually the first two will take place tonight. On the next three, we will come back as speedily as possible with the By-laws and other issues. Mr. Rindone stated that when you come back, it will actually be the first meeting of the Housing Authority. Mr, Salomone responded that was correct, RESOumON 17021 and 17022, OFFERED BY COUNa!.MAN RINDONE, reading of the text was waived. passed, and approved nnanimously. MSUC (HortonlRindone) for staff to come back on a monthly basis with a report and when they come back to the next meeting have the VISion, Mission Statement, and Goals. Councilman Moore stated that something might not take place for a year or so. Councilwoman Horton responded not necessarily. Staff should, once they get the program going, be out looking for grant funds or financing for the programs. Councilman Moore stated he had a problem asking staff to do another job in a short time frame when they don't have the staff to do well with now, /;< -...20 __._n._ """^..._. _.0-'--_--- . , , . 0 0 MINUTES March 2, 1993 Page 13 Mr. Goss asked staff if there was any major workload implications or limitations based on what was being requested by the motion? Mr, Salomone stated he did not, The Authority will be established tonight. The other activities such as seeking funds and applying for grants are things we wouJd normally due and assume as part of our workload. Mr, Goss stated the additional workload wouJd be the monthly report which shouJd probably be a rather simple routine thing to do, Mayor Nader stated that although it will be two years before we accumuJate the number of Section 8 subsidies that we wouJd take those over, the situation has been that the City has on staff a full-time Housing Coordinator and the creation of the Housing Authority puts some new tools in his arsenal to do his existing job. The way he interprets the motion on the floor is a request from the Council, which constitutes itself as the Housing Authority for the City, for at least a monthly report from existing staff on how it is going about planning to make use of that new tool. MOTION CARRIED UNANIMOUSLY. ITEMS PULLED FROM THE CONSENT CALENDAR (NOTE: led from the Consent Calendar were items number Sa, 5b, and 10, Althou discussed at is point, the minutes are transcribed to reflect the published agenda order) OTHER BUSINESS 22. Mr, Goss stated that the Parks d Recreation Department had received achievement awards, One was an achievement award for the de t has now been recognized by the California Park and Recreation Soci District Twelve. The other wa award for innovation programming for Project Care which is a new partn hip program for senior c ens and disabled living alone in ChuJa Vista who need the assistance of comm 23. MAYOR'S REPORTCs) Mayor Nader stated that while he was in Irapua ,0 sister city, he had a chance to meet with the new Mayor to catch up on activities involving our si "r city e ange program, specifically our summer student social work exchange funded by the Kellogg ant. He ha opportunity to be interviewed by local radio and to express his opinion that the anno ed rejection of orts by the Federal Government in Mexico was an example of how we can work ether on border enviro ental issues, Mayor Nader will be attending th ashington D,C. and will be absent on March 9th, The Council secretary po ä the Council for potential meeting dates and to interview Commission applicants those being rowth Management and Montgomery Planning. Da", and time selected was Monday, March 22 at 6:00 p,m, in the Council Conference Room. 24. COMMENTS an Moore stated he had a special meeting today regarding a different way to attack ti at no the city except for their staffs time. He will be asking for a letter to go out to the major co anies as the City of ChuJa Vista and National City, utility companies, etc, to ask them to support the pro copy will be put on each of their desks, /;2-2/ ~_""____.___,,,,__,__"_,__,__,__________,_,_u -, ì MINUTES HOUSING ADVISORY COMMI'l"l'EE Wednesday Conference Room 1 August 25, 1993 Public Services Building 3:30 p.m. 276 Fourth Avenue, C.V. CALL TO ORDER/ROLL CALL PRESENT: Casillas, King, Helton, de Jesus Chantengco ABSENT: Delgadillo, Dennison (excused absence) STAFF: Housing Coordinator Arroyo, Community Development Specialist Martinez, Administrative Office Assistant II Gonzalez GUESTS: Merritt Hodson EX-OFFICIO: Mitch Thompson (absent) l. APPROVAL OF MINUTES MSC (Helton/King) (4-0-2 Delgadill0, Dennison absent) to approve July 28, 1993 minutes. Member King had a question regarding his abstaining on a motion in the July minutes. He restated his comment regarding the 31 Fourth Avenue Short-Term Housing Project issue and the July's minutes were amended. MSC (King/Casillas) (4-0-2 Delgadillo, Dennison absent) to approve de Jesus Chantengco excused absence in July's meeting. 2. INTRODUCTIONS Juan Arroyo introduced Alicia Gonzalez, who will be taking minutes for the committee, 3. BOARDS, COMMISSIONS, COMMITTEES ABSENCES - REPORT Juan Arroyo mentioned that the City Clerk has brought the issue of attendance/absences to Housing Advisory Committee's attention, and that she is doing this to all the committees and commissions to make the them aware of the City policy which is that there should be a required attendance of at least 75% of the members at the meetings. Any excused absences should be reported to the chair or secretary of the committee¡ and shall be made part of the record, The purpose of this is to avoid cancellation of meetings for lack of quorum. Member Casillas asked Juan Arroyo what the procedure was for an excused absence? Juan Arroyo responded that the committee needs to acknowledge that issue and make a motion to accept the excused absence so that it can be part of the record, Member Casillas asked if 75% will cover only unexcused absences? Juan Arroyo responded only unexcused absences are covered¡ however, a member can miss more than 75% if there are excused absences. MSC (Helton/King) (4-0-2 Delgadillo, Dennison absent) to accept this policy from staff. Member Helton mentioned that Ex-Officio Mitch Thompson should be listed last on the agenda with Ex-Officio next to his name. Ben Martinez briefly explained about the CHAS report and how he is in the process to develop a new report per HUD requirements. He provided handouts to the committee members to review for the next Housing Advisory Committee meeting. He will be doing a 1994-1999 five year pIan. He explained how the CHAS is required under the National Affordable Act. CHAS is a required /;1.~;¿2 ---..._- .. .----....----.. ...--------.- " --- -, -~") document in order to receive CDBG funds. He mentioned what CRAS consist of, and asked the members that he would like to calI a special meeting on September 13, 1993 to discuss the new five year plan and annual plan. Beyond the September 13 meeting there will be a pUblic hearing held on September 28 with Council, then a 30 day public comment period. Staff will then incorporate the public comments and submit a revise draft to City Council on November 9, 1993. Member Casillas asked if it would be better to have the public input prior to the Council meeting? Member Helton responded that by having the public hearing in front of the City Council, people are going to be there and they are going to hear it, where they might not bother to read it in the paper or hear it anywhere else. Juan Arroyo stated that another reason for having the Council before the public hearing first is that it gives staff authorization to release the document to the public for public comment. Member Helton would like to bring back the CRAS report issue for the next meeting to discuss in depth. Member Casillas asked for a status report on the Housing Element and what have been the accomplishments? Juan Arroyo responded that staff will do a report for the committee. MSC (de Jesus Chantengco!Helton) (4-0-2 Dennison, Delgadill0 absent) to hold a special meeting on the CRAS on September 13 at 3:30 p.m. Member King mention that he may be out of the state on that date; however, if he decides not to go he will attend the meeting. 4. HOUSING ADVISORY COMMISSION ORDINANCE PROPOSAL Juan Arroyo presented a draft of the proposal which incorporated recommended goals and objectives made by the committee. Since this Commission will be related to the Housing Authority some legal language is in the process in being finalized, Member Helton asked why the terms will be only for two years? She mention that two years is not enough time to be familiar with the Commission and there will never be any continuity of service. She felt the terms should be for three years not two. Member J,R. de Jesus Chantengco commented that he disagrees recommending three years on the Commission because it may be too long to serve and two years on the Commission is fine. Those people appointed to this Commission should be competent enough to know what they are doing, S. ORAL COMMUNICATION - None 6 . STAFF COMMENTS - Member Helton mention that staff comments should be changed to staff reports on the agenda. Per her recommendation and the committee it will be changed to staff reports, Juan Arroyo gave a brief status report on the short-term housing project, which was voted for funding approval by a 4-0-0-1 vote with one person abstaining. Issues brought up was the cost of the project and the concerns over the clientele. The funding is contingent upon quite a few conditions taking place namely National City voting its share of the funds. Administrative plans will be submitted as to how the project is going to be operated and special surveys need to be done. Proxy vote issue - Juan Arroyo did a survey and met with City Clerk Beverly Authelet, Ruth Fritsch Assistant City Attorney, and Glen Googins Assistant City Attorney, The City Clerk researched existing City policies or procedures. Her conclusion was that there was no existing authority established from the City Council on down which allow for a proxy voting. That same conclusion was reached by both Ruth Fritsch and Glen Googins; howeverr Googins indicated if the committee or commission had a recommendation along those lines that they could come up with such recommendations which could be forwarded to Council for consideration, Member Helton commented that because many votes are effected and or related to funding of all kinds, this is one reason most governmental agencies do not have a proxy vote. Member King mention that he is for the proxy vote because sometimes a member cannot always make the meeting because of other commitments. Member Helton disagrees because something might take place in that meeting that might change her vote. /.2--25 ...._~" --,-~--_..__..__..._---- -"-------<--'--- .--.--...-------.---,--..--,,-- -- (ì () , Member Casillas suggested that the members forward their comments to Council. Member Helton asked that the committee send a note to the Mayor asking if the City has a official policy on proxy votes. Glen Googins Resignation - (Helton/de Jesus Chantengco) (4-0-2 Delgadillo, Dennison absent) to accept with sincere regret and wish Glen much luck in his future endeavors. Member Casillas announce that Cecilia Delgadil10 will prepare a letter of, resignation. She will be moving to Ramona. 7. MEMBER COMMENTS - Member Helton commended the committee for what they been doing this year. She feels the committee has done an excellent job and has raised an interest on the City Council in what the committee is doing. "We have shown them that we are interested and that is why we are here and we have taken every assignment they've given us." Member de Jesus Chantengco made a comment regarding the upcoming CHAS update for next year in regards to the public comment, making sure that the process is done correctly and enough people are informed. He would like an article be published by the chair of the Housing Advisory Committee in the Star News or the Union-Tribune Newspapers. Member Allen King stated his concern that when the committee makes recommendations regarding projects or issues, the City Council ignores their comments. Member Casillas had a comment regarding the CRA study, how does it tie in with the Economic Development Commission and what does it do in terms of action items to get lenders to loosen up? Member King stated that real estate in Chula Vista has gone down extremely in the past two to three years because high technical paying jobs have been lost, and they are being replace by people on welfare. B. ADJOURNMENT - At 5:15 p.m. to the next regular meeting scheduled September 22, 1993 in the Public Services Building, (AG\A:VJ8..2.5-93.MIN] DISK'" /,2 -~1 .....- .-.---.----,---".-.,....---,. COUNCIL AGENDA STATEMENT Item No. /3 Meeting Date 1/18/94 ITEM TITLE Resolution 17346 - Approving an Extension of the Agreement Between the City of Chula Vista and Remy & Thomas Authorizing the Mayor to Execute Said Ag~ement SUBMITTED BY Deputy City Manager KremplLt REVIEWED BY City Manager~~~ 4/5ths Vote: Yes ___ No-X- On January 4, 1994, the Council continued this item and requested additional i nformat i on about what work was performed at what cost, why the prev i ous contract amount was exceeded, and why this contract extension is after the fact. RECOMMENDATION: Adopt the resolution approving the agreement wi th Remy & Thomas and authorizing the Mayor to sign the attached agreement, BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION Attached for Counci 1 information is a copy of Remy & Thomas I most recent agreement plus invoices associated with that agreement dated October 7, November 2, November 4 and December 3, 1993. The i nvo ices tota 1 $67,928.99, with a balance remaining on their purchase order of $57,723.38. The contract extension is to cover that amount plus some expenditures still yet to be incurred related to final document preparation. The work performed consisted of preparation and attendance at the joint City Council/Board of Supervisors hearings. There were eight hearings during this time period (2 of which ended up being canceled). The work with regard to the EIR consisted of work in response to comments, preparation of findings on the EIR, discussion and work on mitigation monitoring plan, responding to referrals and issues raised at the hearings, responding to concerns raised by the Environmental Hab i tat League, and other written requests and discussions on indemnification by the Baldwin Company. There were some travel and lodging expenses associated with each trip to San Diego from Remy & Thomas' Sacramento Office; however, they do not charge for the actual travel time. The overwhelming bulk of the work involves the EIR findings and assuring that they were comprehensive, accurate, in full compliance with CEQA and framed in the best legal structure possible. The findings work also included preparat i on of findings for the County at their request due to time constraints and other workload on County Counsel's behalf. Due to the moving target as to how many meetings the Council and Board would actually need to complete the General Plan/GDP deliberations, it was difficult to estimate the costs associated therewith. Even more difficult was anticipating the questions, information requests, referrals and additional issues that seemed 13~) _......__~__....____ ~____ __ .__.__ .__... _·~_m...·.,____,__~~____ to emanate from the various meetings. As decisions and tentative actions were molded and then changed and refined, the EIR findings also had to undergo change to reflect the final actions. In a nutshell, it was a very dynamic changing process and the $50,000 estimate was a soft guesstimate which obviously turned out to be short of the work needed. Payments were made on a time and materials basis and not based on a fixed amount. The work performed by Remy Thomas was agreed to by the Baldwin Company and was invaluable in assisting the City and County on the nuances of the CEQA process and guaranteeing a quality product. The work hours, charges and output were all, deemed to have been completed expeditiously and in an efficient and cost effective manner. No problems or disagreements were incurred. Without their assistance, it would have been impossible for the Council and Board to have had all of the final documents before then for final action on October 28, 1993. The additional consultant costs were well worth the expense to the Baldwin Company of being able to have final action occur when it did. Fiscal Impact There will be no fiscal impact to the City of Chula Vista because the Baldwin Company will be funding the costs ($18,000) through their monthly deposit to the Otay Ranch Trust Account. GK:mab )3'.2 ..,--~-~---_.~_.._---_._---~._._--". ._"_.~._..._-... "-'''-..- RESOLUTION NO. / ? .3 if ¿,. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY & THOMAS FOR LEGAL CONSULTING SERVICES FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula vista is the agency designated to approve consulting contracts for the Otay Ranch; and WHEREAS, Remy & Thomas is requested to continue environmental legal review of the Otay Ranch Environmental Impact Report and supporting documents; and WHEREAS, the agreement has been reviewed by all parties and is acceptable to Remy & Thomas, the Baldwin Company and the City and the County is supportive of the scope of services to be undertaken; and WHEREAS, this fifth extension is anticipated to be the final extension of that original contract executed in 1991. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve an extension of the agreement between the City of Chula Vista and Remy & Thomas for legal consulting services for the Otay Ranch Project, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on ,behalf of the city of Chula Vista. Presented by Approved as to form by George Krempl, Deputy City Manager c.\RB\Remy'Thom.. ,ß-::r//Y-J ) ---_."-- -- --- -----_._-~---_..._--_.__._----_.._'-- CONTRACT mSTORY Original Contract, dated November 19, 1991, for $20,000.00 ending June 30, 1992. · First Renewal of Contract, dated October 29,1992, for $20,000.00 ending December 31,1992. Second Renewal of Contract, dated December 15,1992, for $20,000.00 ending April 30, 1993. Third Renewal of Contract, dated June 9, 1993, for $30,000.00 with no ending date. Fourth Renewal of Contract, dated November 2, 1993, for $50,000.00 with no ending date. · · · · H' /3-1 , . Renewal of Agreement with Remy and Thomas for Legal Consulting Services This Agreement is made this 1st day of December, 1993, for the purposes of n:ference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Remy and Thomas, a professional law firm ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City and County of San Diego desire to employ a law firm with expertise and experience in reviewing environmental documents for compliance with the guidelines and procedures of the California Environmental Quality Act (CEQA) in reference to the Otay Ranch Project; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to Agency within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and NOW, TIŒREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties a. General Duties i. Consultant shall review environmental documents prepared by the City or their consultants consisting of a Program Environmental Impact Repon for compliance with CEQA and advise City/Otay Ranch Project Team staff as to n~ssary and relevant changes that may be required; and Ü. Consultant shaI1 provide guidance to City staff as to processing of all supporting environmental documents to assure compliance with CEQA requirements such as the Findings, Statement of Overriding Considerations and Mitigation Monitoring Program; and üi. Consultant shall provide legal advice to City staff to defend litigation predicated upon alleged deficiencies in environmental documents or imploper p~sing of said documents. 1 ~ /3-Ç __._. .._,_.___,.._ .'"__.__..._n_..__ -.-..- . (the duties of the Consultant as herein in this section contained may hereinafter be referred to as "General Duties"); and b. Scope of Work and Schedule Work assignments under this Agreement will be issued on an as needed basis. , The schedule will be agreed upon at the time that the tasks are assigned. c. SlandardofCare Consullant, in perfonning any Services under this Agreement, whether Defined Services or Additional Services, shall be perfonned in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. d. Insurance · Consultant represents that it and its agents, staff and consullants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability, propeny damages and errors and omissions insurance policies which this Agreement requires to be demonsttated in the fonn of a certificate of insurance. Consultant will provide, prior to the commencement of services required under this Agreement, the following certificates of insurance to the Agency: · Statutory Worker's Compensation coverage plus 51,000,000.00 Employers liability coverage. General and Automobile Liability coverage to 51,000,000.00 combined single limit, and which is primary to any policy which the Agency may otherwise carry ("primary coverage"), and which treats, the employees of the Agency in the same manner as members of the general public ("cross liability coverage"). All policies shal1 be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shal1 meet with the approval of the Agency's Risk Manager. · All policies shal1 provide that same may not be canceled without at least thirty (30) days written notice to the Agency. 2 · ~ IJ-¿' 2. Duties of the City: a. Consultation and Coopention City agrees to provide information, data, items, and materials as may be required by Consultant in order to carry out Consultant's duties under this Agreement. b. Compensation i. The City hereby agrees to pay an hourly fee of $195.00 to attorneys Michael H. Remy, Tina A. Thomas, J. William Yeates and James G. Moose and an hourly fee of $150.00 to attorneys Whitman F. Manley, Matthew R. Campbell and John H. Mattox. Services of Land Use Analyst, Georganna Foondos, will be billed at the hourly rate of $75.00. Time for research done by a law clerk or paralegal will be billed at an hourly rate of $50.00. Attorney time for travel shall not be billed to City unless same is also actively spent in the rendition of legal services. ü. In addition to the above attorney fees, City hereby agrees to pay to the attorney all applicable costs, such as: filing fees, copying costs at $0.25 (25 cents) per copy, mileage costs at $0.35 (35 cents) per mile; printing costs by a professional printer, as charged, long distance phone charges, as charged; postage charges, as charged; reimbursement for lodging and meal expenses in instances requiring out of county travel including but not limited to any costs involving common carriers (e.g., aiIplane), and all other agreed upon costs or expenses related to this matter. ill. Consultant shall not incur costs or billings which, in total, exceed $18,000.00 Thousand Dollars ($18,000.00) without funher written approval of the City. This amount does not reflect any work requested by the City or completed on the City's behalf relating to potential litigation of the project. iv. It is understood that the City has established the Otay Ranch Trust Fund to account for and pay all expenses ftom deposits made by the project proponent, Baldwin Vista, Ltd. If there is a default of the proponent, compensation for the services performed shall be paid only ftom deposited monies and ftom no other asset or resource of the City, a special obligation which is not a burden upon, or appropriated ftom, the General Fund of the City. 3 ..!Þ-7IJ- ? .-. ._-_._._-----_...~~---,_._~_."--,--~---~~-~_.- · c. Additional Scope of Work In addition to perfonning the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a time and materials basis at the rates set forth in Section 2b. All compensation for Additional Services shall be paid monthly · as billed. 3. Administration of Contract The City hereby designates the Otay Manager, or his designee, as its representative for the coordination and administration of the work performed by Consultant herein required. Copy of all correspondence will be provided to the City Attorney, and important legal decisions or conclusions will be reviewed by the City Attorney. 4. Term · Consultant shall perform all of the Defined Services herein required of it as may be required until the billing of the cumulative total amount authorized under this Agreement is reached. S. Financial Interests of Consultant Consultant warrants and represents that neither she, nor her immediate family members, nor her employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in property which would constitute a conflict of interest or give the appearance of such conflict in relation to the projects identified in this Agreement. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor her immediate family members, nor her , employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any part to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 4 . , . ~ ) 3-~ . . 6. Hold Harmless Consultant agrees to defend, indemnify, and hold hannless the City from and against all liability, cost and expense (including without limitation attorneys' fees) arising from loss of or damage to any property whatsoever or injury to or death of any person whomsoever caused or alleged to be caused or occasioned by the negligent act or omission of Consultant or any agent or employee of Consultant arising out of or in connection with this Agreement or the work to be perfonned by Consultant hereunder, except to the extent such liability, cost or expense is caused by the negligence of the City. 7. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and PIO..." manner hislher obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to tenninate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amount payable hereunder, and less any damages caused City by Consultant's breach. 8. Errors and Omissions In the event that the City Manager or his designee determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions in the plans or contract specifications, Consultant and City shall select a mutually acceptable arbittator with legal and technical expertise in preparing EIRs and in the application of CEQA to detennine whether Agency shall be reimbursed for the additional expenses incurred by the City including engineering, construction and! or restoration expense. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 9. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason for giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive 5 -9-'1' / Y-1 _....___._...._______.__.._.____u._____. -_._- . just an equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set fonh herein. 10. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by . assignment or novation), without prior written consent of City which City may unreasonable deny. 11. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, YJ~ures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other county without the express written consent of Agency. City shall have unrestricted authority to publish, disclose as may be limited by the provisions of the Public Records Act, disttibute, and otherwise use, copyright or patent, in whole or in part, any such reports, swdies, data, statistics, fonns or other materials or properties produced under this Agreement. 12. Independent Contractor City is interested only in the results obtained and Consultant shall perfonn as an independent contract with sole control of the manner and means of performing the , services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee ,of the City, and none of them shall be entitled to any benefits to which City employees are entitled including, but not limited, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 13. Responsible Charge Consultant hereby designates Tina A. Thomas shall be Consultant's representative ("Project Manager") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. . 6 -9-% JJ~/O - 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement against the Agency unless a claim has first been presented in writing and filed with the Agency of the City of Chula Vista and acted upon in accordance with the procedures set fonh in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set fonh herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shaJ] meet and confer in good faith with Agency for the purpose of resolving any dispute over the terms of this Agreement. 15. Statement of Costs In the event that Consultant prepares a repon or document, or participates in the preparation of a repon or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said repon or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the repon or document. 16. Miscellaneous a. Consultant Not Authorized to Represent City Unless specifically authorized in writing by Agency, Consultant shaJ] have no authority to act as City's agent to bind City to any contractuaI agreements whatsoever. b. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. _ All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the address identified adjacent to the signatures of the parties represented. c. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an 7 321 )J -/1 - --- _. --- -+.._----_._.~--~~~ . . instrument in writing executed by the part against which enforcement of such amendment, waiver or discharge is sought. d. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction fonn its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. e. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state couns located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. f. Attorney Fees , Should a dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incuned in the defense of that claim, including costs and attorney fees. [End of page. Next page is signature page.] · · 8 ~ 1;1-/:2. · . . Signature Page to Agreement with Remy and Thomas for Legal Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement this_ day of ,1993. CITY OF CHULA VISTA By: Tim Nader Mayor Attest: Beverly Authelet City Clerk Approved mIl I Bruce M. Boogard, City Attorney Remy and Thomas By: k~ /h~~ Tina A. Thomas 3121396.001 \RETAINER 9 ~ / ;J~/J / /:3 -IjJ.., - --...---".-.----. ~-'- "---.----...-----.---. ----- . . . - . . · . THIS PAGE BlÄNK · · . . · - . .. ~ · ~ D rn©rnowrn ~! REMY AND THOMAS OCT I I 1993 ' 629 J STREET - 4TH FLOOR SACRAMENTO, CA 95814 Invoice submitted to: 1/ r 93- Tony Lettieri, AICP, General Mngr. Otay Ranch Project 315 Fourth Avenue, suite A . JJ/ I I-~~ Chula Vista, CA 91910 October 7, 1993 71/)}IP In reference to: CHULA VIS'rAjOTAY RANCH Invoice #4151 Hours A1110unt 09/07/93 TAT Re-work findings 3.25 633.75 09/08/93 TAT Review materials and finalize 2.25 438.75 findings redraft ~9/09/93 TAT Telephone conversation with T. 1. 25 243.75 Lettieri; Finalize documents and memo to all who commented in finding 09/13/93 TAT Prepare for hearing; attend 6.50 1,267.50 hearing; meet with clients prior to and after hearing to resolve various issues 09/14/93 TAT Findings meeting and wrap up with 7.00 1,365.00 staff JGti Discussion with Tina Thomas .! 0.25 48.75 regarding legal issues related to project description, change of private road to public road 09/15/93 TAT Rework findings and start work on 5.25 1,023.75 overrides 09/16/93 TAT Work on revisions and additions to 2.75 536.25 findings TAT continue to review/revise findings; 6.50 1,267.50 Telephone conversation with Steve Lacy re: biological findings ------ J 3-/? " .----.-...-------.----.--.- ?ny Lettieri, AICP, General Mngr. Page 2 Hours Amount GEF Proofreading of findings 1.50 112.50 09/19/93 GEF Review of Otay findings 1.50 112.50 09/20/93 TAT Two telephone conversations with R. 1. 75 341. 25 Cameron; Telephone conversation with A. Ewing; Review NOP; Review guidelines, cases; Review, revise info per input from others GEF Review of findings 3.50 262.50 09/21/93 TAT Telephone conversation with Chantal 0.25 48.75 Saise TAT Two telephone conversations with A. 2.50 487.50 Ewing re: NOP; Work on findings revisions and addition of information f,rom A. Ewing GEF Review of findings for final edit 2.25 168.75 check 09/22/93 TAT Revise biological findings; Work on 4.25 828.75 cover letter re: memo TAT Telephone conversation with R. 0.25 48.75 Cameron GEF Edit and review findings 3.00 225.00 09/23/93 TAT Review/revise biological finding; 4.25 828.75 Telephone conversation with R. Cameron; Revise findings per faxes from S. Lacy; Telephone conversation with steve Lacy GEF Edit and review findings 4.00 300.00 09/24/93 GEF Edit and review biological section 3.25 243.75 of findings TAT Three telephone conversations with 5.00 975.00 R. Cameron; Two telephone conversations with s. Lacy; Review/revise findings J3-){, "'.-..-------.-.....-----,..--- 'ony Lettieri, AICP, General Mngr. Page 3 Hours Amount 09/24/93 TAT Numerous phone calls with Dodek, 1.75 341. 25 Baldwin, Lacy, Mary May, R. Carol re: findings 09/27/93 TAT Prepare for hearing; Pre-meeting 8.25 1,608.75 with Lacy and Lettieri re: bio findings hearing 09/28/93 TAT Pre-meeting with Lacy and Lettieri; 9.75 1,901. 25 Meeting re: findings; Begin review of RMP 09/29/93 TAT Work on findings; Work on mailing 1.75 341. 25 list for findings GEF Incorporate changes to section M; 6.50 487.50 Review and edit remaining document GEF Work on amendments to findings 6.50 487.50 09/30/93 GEF Proof and edit èomplete set of 8.00 600.00 draft findings GEF Work on amendments to findings 10.00 750.00 TAT Pre-meeting with Cameron; Hearing 8.25 1,608.75 at County Board; Discuss RMD inter-relationship with GDP; Review RMP TAT Revise draft bio 10.25 1,998.75 r'or professional services rendered 143.25 $21,933.75 Additional charges: 09/30/93 Airline Fare (9/13 - 9/14) 148.50 Federal Express costs 168.85 Car rental cost 48.41 Telephone costs 1.48 Airline Fare (9/27 - 9/28) 148.50 1]'-/7 .-...-..--. .-.....--...-.. - - ..-..~--, -----------...-------------.-* .-- ~ony Lettieri, AICP, General Mngr. Page 4 Amount Photocopy costs 249.75 Photocopy costs (continued) 249.75 Photocopy costs (continued) 249.75 Photocopy costs (continued) 219.50 Fax costs 160.00 Miscellaneous: parking fees 70.00 Total costs $1,714.49 Total amount of this bill $23,648.24 Previous balance $14,040.65 BALANCE DUE $37,688.89 ------------ ------------ Current 1 Month 2 Month 3 Month 23,648.24 2,218.35 7,601. 50 4,220.80 /:J-¡,JY' .... ..~... --~ ------" - ---- - ---.-_."---- _.~_..- .-.. - ~ -- Ii' , , ----------~i ~ ¡i 'J~I -;; '9931 ¡i REMY AND THOMAS ~ u i~¡ 629 J STREET - 4TH FLOOR i I SACRAMENTO, CA 95814 ¡ Invoice submitted to: Tony Lettieri, AICP, General Mngr. Otay Ranch Project 315 Fourth Avenue, suite A Chula Vista, CA 91910 November 2, 1993 In reference to: CHULA VISTA/OTAY RANCH Invoice #4228 Hours Amount 10/01/93 GEF Review of Technical Addendum: 5.50 412.50 Telephone conversation with Mary May re: figures/revisions GEF Work on amendments to findings 2.50 187.50 TAT Work on findings 4.00 780.00 10/02/93 TAT Review and revise findings: Split 5.25 1,023.75 into two documents 10/04/93 GEF Revisions to findings: Telephone 4.00 300.00 conversation with Mary May re: new acreages GEF Work on amendments to findings 10.00 750.00 TAT Work on findings: Long conference 8.25 1,608.75 call re: biological findings with Cameron, Dudek, Ogden, et al: Telephone conversation with Tony Lettieri re: various issues 10/05/93 GEF Phone calls to JHK and Lettieri's 2.25 168.75 office re: changes to findings and Technical Addendum MAM Work on amendments to findings 13.00 650.00 TAT Work on findings (City and County 16.50 3,217.50 versions) / J -/ ( .--..... -..-.--. -_.._.~._--..._".__._-------_._~-~-~-,"----,~- Tony Lettieri, AICP, General Mngr. Page 2 Hours Amount 10/06/93 MAM Work on amendments to findings 6.00 300.00 TAT Prepare for hearing, particularly 9.00 1,755.00 with regard to alternatives, m.m., etc; Work on findings with R. Cameron; Letter to Healy et al 10/07/93 MAM Work on amendments to findings 10.50 525.00 TAT Telephone conversation with B. 6.25 1,218.75 Boogard; Telephone conversation with Cameron; Telephone conversation with Lettieri; Telephone conversation with Saise; Revise findings TAT Long telephone conversation with 0.50 97.50 Bill Taylor; Telephone conversation with R. Cameron, T. Lettieri re: timing WFM Office conference with Tina Thomas 0.25 37.50 re: findings 10/08/93 TAT To San Diego for hearing; Deliver 5.25 1,023.75 documents to County; Discuss various issues with Taylor, Cameron, Lettieri; Attend hearing 10/11/93 TAT Work on findings; Numerous calls 4.00 780.00 with Lettieri and other Team members 10/12/93 JGM Discuss with Whit Manley issues 0.25 48.75 relating to recirculation, reformulation of new mitigation measures WFM Draft letter to County re: 4.50 675.00 findings for otay Ranch 10/13/93 TAT Prepare for, attend hearing; Work 11.00 2,145.00 with Staff on response re: text changes and findings; Work with Ogden et al re: proposed changes; Work with Doug Reid on presentation JJ~;¿¿J - -_.._..,-_.__.__..._---~._----_.._~-----_.~'- Tony Lettieri, AICP, General Mngr. Page 3 Hours Amount 10/13/93 MRC Assist in preparation for Tina 3.50 525.00 Thomas' appearance at Council meeting WFM Office conference with Tina Thomas 6.00 900.00 re: memorandum re: incorporating mitigation measures at findings level; Review findings re: biology; Office conference with Tina Thomas re: findings 10/14/93 TAT Work on findings; Numerous 7.50 1,462.50 telephone conversations with Lettieri, Cameron, Collins WFM Review Otay findings; Office 3.75 562.50 conference with Tina Thomas re: same 10/15/93 TAT Prepare for hearing during flight; 12.50 2,437.50 Attend all day Board of Supervisors hearing; Work on return flight 10/18/93 JGM Discuss legal issues re: findings, 0.25 48.75 feasibility with Matt Campbell MRC Legal research and draft memo re: 8.00 NO CHARGE "feasibility" determination in findings 10/20/93 GEF Proofread findings 1.00 75.00 TAT Review of EHL letter; Telephone 1.25 243.75 conversation with Lettieri; Numerous calls with Rudolf TAT Final revisions to findings for 6.00 1,170.00 Board/City MRC Proofread findings 5.25 787.50 10/21/93 JGM Review letter from Dan Silver; 5.00 975.00 Review findings, draft memo to Tina Thomas re: same ) J ~o< / -~.._. - ._-~~-- ----_.,.._---------,-_..,_.~_. Tony Lettieri, AICP, General Mngr. Page 4 Hours Amount 10/22/93 TAT Review EHL letter and discuss with 2.25 438.75 Jim Moose: Telephone conversation with R. Cameron re: our strategy for the 28th: Two telephone conversations with R. Rudolf re: same JGM Review proposed findings: Draft 5.00 975.00 memo re: same: Discuss findings, related issues with Bill Yeates TAT Work on EHL letter 1. 25 243.75 10/23/93 TAT Work on various issues: Numerous 3.00 585.00 calls: Begin review of MMP 10/25/93 TAT Work with Jim Moose on strategy for 2.25 438.75 litigation and EHL response: Telephone conversation with R. Rudolf and T. Lettieri JGM Discuss findings issues with Tina 3.25 633.75 Thomas: Discuss mitigation monitoring issues with Bill Yeates: Draft memorandum re: "feasibility" for Board of supervisors, City council JWY Review otay Ranch (City) findings 4.00 600.00 with otay Ranch (City) mitigation monitoring program 10/26/93 TAT Telephone conversation with client 2.25 438.75 re: indemnification agreements: Telephone conversation with T. Lettieri re: MMP and memo re: feasibility: Review Del Mar and Larson for presentation: Telephone conversation with R. Cameron JWY Finish review of city findings and 4.25 637.50 City mitigation monitoring plan: Discuss discrepancies with Tina Thomas: Telephone conversation with Ogden: Review County findings and County mitigation measures; Sent changes to Ogden ) ;1-022- .__..____.._.."..______...M______~,·,"___ Tony Lettieri, AICP, General Mngr. Page 5 Hours Amount 10/26/93 JGM Modify memo re: "feasibility" 0.25 48.75 TAT Review Ogden and Dudek letters re: 1.25 243.75 EHL MRC Research re: findings requirement 1. 00 NO CHARGE 10/27/93 TAT Numerous calls; work on willow 3.50 682.50 street memo; work on MMP and exhibits to feasibility memo 10/28/93 TAT Prepare for, attend hearing 8.00 1,560.00 10/29/93 TAT Numerous calls re: NOD 0.75 146.25 For professional services rendered 231. 00 $34,565.00 Additional charges: 10/31/93 Outside services: copies 56.69 Miscellaneous: parking fees (10/8/93) 32.00 Airline Fare (10/5/93) 297.00 Airline Fare (10/6/93) 297.00 Airline Fare (10/8/93) 148.50 Miscellaneous: parking fees (10/5/93) 50.00 Airline Fare (10/13/93) 148.50 Airline Fare (10/15/93) 148.50 Lodging (9/15/93) 177.70 Lodging (9/29/93) 143.84 Miscellaneous: car rental (9/28/93) 83.94 Miscellaneous cost: computer disk 5.00 Miscellaneous costs: cab fare, parking fee 37.00 (10/14/93) /;1-023 --......- . ----~------_._~~-~-_._'-~.--~-_._-- Tony Lettieri, AICP, General Mngr. Page 6 Amount Miscellaneous costs: parking, cab fare 40.00 (10/5-10/6) Miscellaneous cost: 3 copies of Exhibit to 60.00 Findings - "The Next American Metropolis" Telephone costs 29.51 Airline Fare (10/28/93) 148.50 Telephone costs: sprint Conference Line (2 528.88 calls on 10/4/93) Miscellaneous cost: parking fee 20.00 Fax costs 528.00 Courier service 7.50 Postage costs 0.52 Photocopy costs 99.90 Photocopy costs (continued) 99.90 Photocopy costs (continued) 99.90 Photocopy costs (continued) 99.90 Photocopy costs (continued) 99.90 Photocopy costs (continued) 99.90 Photocopy costs (continued) 42.10 Federal Express costs 354.85 Total costs $3,984.93 Total amount of this bill 51. 31;f.(~ $3e,!I..~.',I3 Previous balance ) $37,688.89 /]~.;2,/ --.'.-..--..-. ~,--~--- -------- ..._---,-,--.-,--------_._,._---- Tony Lettieri, AICP, General Mngr. Page 7 Amount 10/19/93 Payment - thank you ($9,819.85) BAlANCE DUE $66,418.97 ------------ ------------ Current 1 Month 2 Month 3 Month 38,549.93 23,648.24 2,218.35 2,002.45 JJ~..2Þ - --.,.-----..----.' '---"---"-"---'--'-"'~'--- - i ( J ¡j,93- - / REMY AND THOMAS f . ,vlo.4'O 629 J STREET - 4TH FLOOR f o/l '), SACRAMENTO, CA 95814 Invoice submitted to: REV I SED Tony Lettieri, AICP, General Mngr. Otay Ranch Project 315 Fourth Avenue, suite A Chula Vista, CA 91910 November 4, 1992 In reference to: CHULA vrSTA/OTAY RANCH Invoice #3304 Hours Amount 10/01/92 WPM Continue drafting letter on tiering 4.75 712.50 and program ErRs 10/02/92 TAT Telephone conversation with Tony 2.50 487.50 Lettieri; Review CEQA; Discussion -- with Mike Remy; Telephone conference with B. Boogaard, T. Lettieri, and Taylor re: wildlife study; Finalize letter re: program ErR TAT Telephone conversation with Tony 0.25 48.75 Lettieri WFM Final edits to program ErR letter; 0.75 112.50 Transmit draft to client GEF Review of otay Ranch DEIR for 1.00 75.00 mitigation measures MHR Office conference with Tina Thomas; 1. 00 195.00 Review of memo 10/07/92 JGM Telephone conversation with Doug 0.25 48.75 Reed re: publication of final EIR /3~';¿¿' ----~,~-,---,--- ~-- ----- '.. ( .I Tony Lettieri, ArCp, General Mngr. Page 2 Hours Mount ~0/07/92 TAT Telephone conversation with T. 0.25 48.75 Lettieri ~0/09/92 TAT Review transcript and comment 1. 00 ~95.00 letters; Review Baldwin comments ~0/~2/92 TAT Begin work on Baldwin/Otay findings 0.75 ~46.25 GEF Review Mitigation Measures/Findings 7.00 525.00 for otay Ranch ~0/~3/92 GEF Review of Mitigation 7.00 525.00 Measures/Findings for Otay Ranch ~0/~4/92 GEF Review of Mitigation 3.00 225.00 Measures/Findings for otay Ranch; Memo to Tina Thomas re: Findings of research TAT Work on findings 2.00 390.00 ~ ~0/~5/92 GEF Review of Mitigation Monitoring 2.25 ~68.75 Program ~0/~6/92 TAT Telephone conversation with T. 3.50 682.50 Lettieri; Work on findings GEF Review of Mitigation Monitoring 5.00 375.00 Program for Otay Ranch ErR ~0/~8/92 GEF Review of Mitigation Monitoring 3.00 225.00 Program for otay Ranch ErR; Draft memo to Tina Thomas re: comments ~0/~9/92 TAT Work on Findings; Telephone 4.25 828.75 conversation with T. Lettieri GEF Completion of memo to Tina Thomas 1. 75 DL25 re: Mitigation Measures (comments on) jJ--02.7 ..-- ---- _._---_._-...._------_.._~-. - ·, '-" r ./ Tony Lettieri, AICP, General Mngr. Page 3 Hours Amount 10/20/92 TAT Long Telephone conversation with 1.25 243.75 Tony Lettieri; Long Telephone conversation with Rich Rudolf TAT Telephone conversation with Tony 0.25 48.75 Lettieri JGM Discuss legal issues with Liz 0.25 48.75 O'Brien GEF Draft and fax memo to Ann Ewing re: 0.50 37.50 Mitigation Measures within Otay Ranch EIR 10/22/92 TAT Meeting with staff to work on 8.50 1,657.50 response to comments 10/26/92 TAT Telephone conversation with D. 0.75 146.25 Reid: Telephone conversation with Mike Remy: Telephone conversation with Tony Lettieri ",f 10/27/92 MHR Office conference with Tina Thomas: 0.75 146.25 Office conference with Jane Manolaukas re: findings TAT Work on response to comments: 1.25 243.75 Telephone conversation with Tony and Doug 10/28/92 TAT Work on Response to Comments 1. 00 195.00 TAT Work on Comments 3.50 682.50 10/29/92 TAT Work with Jane Manolakas re: 2.25 438.75 various issues on response to comments: Telephone conversation with Tony Lettieri and Reid: Telephone conversation with Dillon and Rod Cameron JJrc2i5 . "."'_._--_.-~~._- -_."-,- --....---..---.........------...--..-...--'.......-.---..--- -, ""~, ~...........--- .. "- ( .. , ) Tony Lettieri, AICP, Genera~ Mngr. Page 4 Hours A:mount 10/30/92 TAT Office conference with Ogden; 2.25 438.75 Te~ephone conversation with D. Reid; Revise comments TAT Te~ephone conversation with D. Reid 0.25 48.75 For professiona~ services rendered 74.00 $10,522.50 Additional charges: 10/31/92 Air~ine Fare: Roundtrip to San Diego on 138.00 10/22/92 Fax 36.00 Telephone Charge 9.17 Federa~ Express: to Tony Lettieri on 10/05/92 13.00 , Federa~ Express: to Tony Lettieri on 10/14/92 .,;;,..-; 13.00 Copies 628.75 Postage 1.20 Tota~ costs $839.12 ¡x Tota~ amount of this bil~ $11,361.62 Previous balance $9,725.22 10/14/92 Payment - thank you ($4,466.78) BALANCE DUE $16,620.06 CUrrent 1 Month 2 Month 3 Month 11,361.62 2,214.10 1,386.68 1,657.66 J J ~o< J .--.--.-"- ----------- ..._----~_._--------_. -~.- --....-.-- --"--~.~'.....~--'---. ~ \1 ! :_:~ ;-l ~-: \")7 _-~ f;,\ I . ---m___ II I ; iJ) ----------:¡! I: " ,I , REMY AND THOMAS ,J~ .. -61m ¡@¡ 629 J STREET - 4TH FLOOR SACRAMENTO, CA 95814 Invoice submitted to: Tony Lettieri, AICP, General Mngr. Otay Ranch Project 315 Fourth Avenue, suite A Chula Vista, CA 91910 December 3, 1993 In reference to: CHULA VISTA/OTAY RANCH Invoice #4306 Hours Amount 11/01/93 TAT Findings changes 1. 75 341. 25 TAT Numerous calls re: NOD 0.25 48.75 (City/County) GEF Review of City/County figures; 0.75 56.25 Telephone call to Mary May 11/02/93 TAT Work on NOD's 0.25 48.75 11/03/93 JWY Review mitigation monitoring 0.75 NO CHARGE program; Discuss with Tina Thomas; Telephone conversation with Mary May 11/04/93 TAT Telephone conversation with Tony 0.25 48.75 Lettieri 11/05/93 TAT Changes to NOD 0.25 48.75 TAT Make final changes to findings; 0.25 48.75 Telephone conversation with Tony, Rob 11/09/93 TAT TWo Telephone conversations with R. 0.25 48.75 Cameron; Telephone conversation with Mary Ann Miller 11/11/93 TAT Telephone conversation with 0.25 48.75 Cameron, Reid ):3 -)'0 ..-...- '-'--~ . ~_...__m____________·___"·________ Tony Lettieri, AICP, General Mngr. Page 2 Hours Amount 11/18/93 TAT Review memo from Mary re: changes 2.25 438.75 to mitigation monitoring plan and findings changes; Discuss with Rob and Tony how to effectuate various administrative changes; Discuss litigation potential with Mead, Yeates, etc. JWY Review MMP changes from M. May; 1.00 NO CHARGE Review findings and MMP; Telephone conversation with M. May; Telephone conversation with Tina Thomas 11/19/93 TAT Discuss litigation issues with Bill 0.25 48.75 Yeates JWY Telephone conversation with M. May 0.25 NO CHARGE re: MMP 11/22/93 TAT Telephone conversation with Fred 0.25 48.75 Arbuckle, Bill Yeates and Tony Lettieri 11/23/93 TAT Telephone conversation with M. May; 0.25 48.75 Review memo re: findings 11/29/93 TAT Two telephone conversations with P. 0.75 146.25 Molk; Telephone conversation with R. Cameron; Telephone conversation with M. May; Telephone conversation with R. Rudolf 11/30/93 TAT strategy on settlement conference 0.75 146.25 For professional services rendered 10.75 $1,616.25 Additional charges: 11/01/93 Airline Fare 156.00 Miscellaneous cost: car rentals (October) 174.64 Lodging (October) 282.45 Telephone costs 42.73 / J- J / ".__.~.- - - --....--.. --~~-'---'-'-"'-"-"----- Tony Lettieri, AICP, General Mngr. Page 3 Amount Photocopy costs 188.00 Fax costs 80.00 Federal Express costs 207.45 Total costs $1,131.27 Total amount of this bill $2,747.52 Previous balance $66,418.97 11/19/93 Credit - MMP work in Oct. ($1,237.50) BALANCE DUE $67,928.99 ------------ ------------ Current 1 Month 2 Month 3 Month 2,747.52 38,549.93 23,648.24 2,983.30 ) J <J ;2.. -----".__...._.-_...~-_.._,-_. , LAST APPROVED AGREEMENT WITH REMY THOMAS (11/93) Renewal of Agreement with Remy and Thomas for Legal Consulting Services This Agreement is made this 13th day of October, 1993, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Remy and Thomas, a professional law firm ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City and County of San Diego desire to employ a law firm with expertise and experience in reviewing environmental documents for compliance with the guidelines and procedures of the California Environmental Quality Act (CEQA) in reference to the Otay Ranch Project; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to Agency within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: I. Consultant's Duties a. General Duties I. Consultant shall review environmental documents prepared by the City or their consultants consisting of a Program Environmental Impact Report for compliance with CEQA and advise City/Otay Ranch Project Team staff as to necessary and relevant changes that may be required; and 11. Consultant shall provide guidance to City staff as to processing of all supporting environmental documents to assure compliance with CEQA requirements such as the Findings, Statement of Overriding Considerations and Mitigation Monitoring Program; and iii. Consultant shall provide legal advice to City staff to defend litigation predicated upon alleged deficiencies in environmental documents or improper processing of said documents. I )J'-33 ' ~1'"1~"<?~ God'! ~ 22.( _ _ __.__m" _.._._.~_~__,__,~~~..____,.,."_ - (the duties of the Consultant as herein in this section contained may hereinafter be referred to as "General Duties "); and b. Scope of Work and Schedule Work assignments under this Agreement will be issued on an as needed basis. The schedule will be agreed upon at the time that the tasks are assigned. c. Standard of Care Consultant, in performing any Services under this Agreement, whether Defined Services or Additional Services, shall be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. d. Insurance Consultant represents that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability, property damages and errors and omissions insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance, Consultant will provide, prior to the commencement of services required under this Agreement, the following certificates of insurance to the Agency: Statutory Worker's Compensation coverage plus $1,000,000.00 Employers liability coverage. General and Automobile Liability coverage to $1,000,000.00 combined single limit, and which is primary to any policy which the Agency may otherwise carry ("primary coverage"), and which treats the employees of the Agency in the same manner as members of the general public ("cross liability coverage"), All policies shall be issued by a carrier that has a Best's Rating of· A, Class V·, or better, or shall meet with the approval of the Agency's Risk Manager. All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the Agency. 2 /3-;1 .-.....-----.----....-.--..- --~,----_._---_._-~. 2. Duties of the City: a. Consultation and Cooperation City agrees to provide information, data, items, and materials as may be required by Consultant in order to carry out Consultant's duties under this Agreement. b. Compensation I. The City hereby agrees to pay an hourly fee of $195.00 to attorneys Michael H. Remy, Tina A. Thomas, J. William Yeates and James G. Moose and an hourly fee of $150.00 to attorneys Whitman F. Manley, Matthew R. Campbell and John H. Mattox. Services of Land Use Analyst, Georganna Foondos, will be billed at the hourly rate of $75,00. Time for research done by a law clerk or paralegal will be billed at an hourly rate of $50.00. Attorney time for travel shall not be billed to City unless same is also actively spent in the rendition of legal services. n. In addition to the above attorney fees, City hereby agrees to pay to the attorney all applicable costs, such as: filing fees, copying costs at $0,25 (25 cents) per copy, mileage costs at $0.35 (35 cents) per mile; printing costs by a professional printer, as charged, long distance phone charges, as charged; postage charges, as charged; reimbursement for lodging and meal expenses in instances requiring out of county travel including but not limited to any costs involving common carriers (e.g., airplane), and all other agreed upon costs or expenses related to this matter. iii. Consultant shall not incur costs or billings which, in total, exceed Fifty Thousand Dollars ($50,000.00) without further written approval of the City. IV. It is understood that the City has established the Gtay Ranch Trust Fund to account for and pay all expenses from deposits made by the project proponent, Baldwin Vista, Ltd. If there is a default of the proponent, compensation for the services performed shall be paid only from deposited monies and from no other asset or resource of the City, a special obligation which is not a burden upon, or appropriated from, the General Fund of the City. c. Additional Scope of Work In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Work ("Additional Services"), and upon doing so in writing, 3 ~ /3~J.p ..,___~_,_,_,.__.^_m_ ._.___ , Consultant shall perfonn same on a time and materials basis at the rates set forth in Section 2b. All compensation for Additional Services shall be paid monthly as billed. 3. Administration of Contract The City hereby designates the ütay Manager, or his designee, as its representative for the coordination and administration of the work perfonned by Consultant herein required. Copy of all correspondence will be provided to the City Attorney, and important legal decisions or conclusions will be reviewed by the City Attorney. 4. Tenn Consultant shall perfonn all of the Defined Services herein required of it as may be required until the billing of the cumulative total amount authorized under this Agreement is reached. 5, Financial Interests of Consultant Consultant warrants and represents that neither she, nor her immediate family members, nor her employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in property which would constitute a conflict of interest or give the appearance of such conflict in relation to the projects identified in this Agreement. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates. Consultant promises to advise City of any such promise that may be made during the Tenn of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor her immediate family members, nor her employees or agents, shall acquire any such Prohibited Interest within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any part to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 6. Hold Harmless Consultant agrees to defend, indemnify, and hold harmless the City from and against all liability, cost and expense (including without limitation attorneys' fees) arising from loss of or damage to any property whatsoever or injury to or death of any person whomsoever 4 )J--3? - - ----.---..-,..---".-..---".-.,--..-.- , caused or alleged to be caused or occasioned by the negligent act or omission of Consultant or any agent or employee of Consultant arising out of or in connection with this Agreement or the work to be performed by Consultant hereunder, except to the extent such liability, cost or expense is caused by the negligence of the City, 7. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amount payable hereunder, and less any damages caused City by Consultant's breach. 8. Errors and Omissions In the event that the City Manager or his designee determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions in the plans or contract specifications, Consultant and City shall select a mutually acceptable arbitrator with legal and technical expertise in preparing EIRs and in the application of CEQA to determine whether Agency shall be reimbursed for the additional expenses incurred by the City including engineering, construction and/or restoration expense. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 9. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason for giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfmished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just an equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 5 /J~J? - -_._.._--_...~ ....,..,.--.--.------ . . 10. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City which City may unreasonable deny. 11. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City, No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other county without the express written consent of Agency. City shall have unrestricted authority to publish, disclose as may be limited by the provisions of the Public Records Act, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 12. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contract with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including, but not limited, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 13. Responsible Charge Consultant hereby designates Tina A. Thomas shall be Consultant's representative ("Project Manager") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement against the Agency unless a claim has first been presented in writing and filed with the Agency of the City of Chula Vista and acted upon in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, 6 ) J ~ yy' ---...- . -."-"--- ---_._.~-_.._"_...._,--~--_._-_._.~-------_._--~_.,._-- . . the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with Agency for the purpose of resolving any dispute over the terms of this Agreement. 15. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 16, Miscellaneous a. Consultant Not Authorized to Represent City Unless specifically authorized in writing by Agency, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. b. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the address identified adjacent to the signatures of the parties represented. c. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the part against which enforcement of such amendment, waiver or discharge is sought. d. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction form its principal to enter 7 J]'.Ji , ----_..._._--,---_.._----~---- -+--.- · into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. e. Governing LawlVenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. f. Attorney Fees Should a dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of that claim, including costs and attorney fees. [End of page. Next page is signature page.] 8 ) J~LjC? .-"....-.-."'.--. - ".-,~.._-_._...._-_.'"-----'- · Signature Page to Agreement with Remy and Thomas for Legal Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement this fJd day of }JC>V' , 1993. - CITY OF CHULA VISTA By: d:: ~Ji~~ Tim Nader Mayor Attest: ~r! tbdal- Beverly Authelet City Clerk Bruce M. Boogard, City Attorney Remy and Thomas By: /;1?v )JÎ~mlJ) Tina Á. Thomas ~ 3061396A.OOl\RETAINER 9 /3-tj¡ --.-....--.- ..~_,__"' _._._n_M._..___ ¡'-')' JAN , 2 I!:l93 -ill!} / ,"'-,:;/ REMY and THOMAS ATTORNEYS AT LAW MICHAEL H, REMY TINA A, THOMAS 629 I STREET, FOURTH FLOOR GEORGANNA FooNDOS lAMES G, MOOSE SACRAMENTO, CALIFORNIA 95814 KELLEY M, TABER I, WILUAM YEATES LAND USE ANALYSTS WHITMAN F, MANLEY MATTHEW R, CAMPBELL (916) 443-2745 lANE M, MANOLAKAS FAX (916) 443-9017 JOHN H, MATTOX January 6, 1994 Mayor Nader and Members of the Chu1a vista City Council 276 4th Avenue Chula Vista, CA 91910 Re: Contract Augmentation Dear Mayor Nader and Members of the City Council: Let me first say that, from what I have heard, you have all addressed legitimate concerns regarding consultants and their contract's with the City of Chula vista. Having said that, however, I would like to offer several explanations with regard to the recent augmentation requested by my firm. The contract was in fact a time and materials contract with limits requiring Council review at various levels. This is, I believe, an extremely prudent approach because the City Council must have a clear picture of where fees are being spent and for what. The applicant who is undoubtly paying the tab is also served well by this approach. Clearly it would have been highly preferable for me to return to the Council with a contract augmentation prior to the expenditure of the time. However, I believe that there are several good explanations for this departure from accepted protocol. During September or October my primary focus was to produce approval documents that could sustain legal challenge. The findings and statement of overrides for the City were approximately 200 pages. Additionally, a second set of findings reflecting the County's approval was produced to reflect the subtle differences between the two approvals. Finally, I should note that the project changed from the intent motions to the final motions; while such a practice is absolutely appropriate, it does change the approval /3-~:J -~_._~. .'. ._ .__.m___,_,_ _ "." __ ..__.+._~ _ __ ._..._..._______. __ "__+___ __~..~___ __"'_'M.__'_" _...M" Mayor Nader and Members of the City Council January 7, 1994 Page 2 documents and require serious redrafting. Several layers of review were required for each document. In September and October there were 8 hearings (two were canceled from lack of quorum) before the Board and Council. Because of the controversial nature of the proceedings I was requested to attend each hearing. All of this work was authorized by your staff and Baldwin; the pace was extremely hectic. In short, I believe that given the circumstances that existed at the time the contract was exceeded and given my commitment to effective representation of the city in this action, that the contract augmentation should be approved. Very truly yours, ~;?-?¿- Ú ) }/ ¿ 2-77~-:r7---- Tina A. Thomas TAT:kak 401O296,OO[ /3-ir PriDIcd 011. Recyckd Paper ,_ _,' .~~~_ ~ . - - _~.__"_._. ...._, __...._..__,_ ~_.._._ _",_uu_. ._-_.._-_.._..._.._.._._~._-_.,."_._. -.-- COUNCIL AGENDA STATEMENT Item Ii Meeting Date 1/18/94 ITEM TITLE: Resolution )7 JU Approving Final Renewal of the Agreement Between the City of Chula Vista and Lettieri-Mcintyre & Associates, Project Manager and Baldwin Vista Associates for Professional Services for Otay Ranch, and Authorizing the Mayor to Execute the Agreement SUBMITTED BY: Deputy City Manager Krempl "\ REVIEWED BY: City Manager Jt1 ~\ (4/5th Vote: Yes_NoX) The attached Agreement renewal for professional project management services with Lettieri- Mcintyre & Associates and Baldwin Vista Associates is to finalize the agreement services to represent the actual time spent completing the hearing process and finalizing plan documents, This Contract is intended to cover the final phase of this project; that is, through the approvals of the General Development Plan/Subregional Plan (GDP/SRP) stage, Besides the General Development Plan, the work program includes finalizing project approval documents and transition work necessary to assist City and County staff on any future work. RECOMMENDATION: That Council approve the attached Agreement and authorize the Mayor to sign on behalf of the City CounciL BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: In the spring of 1989, the City of Chu1a Vista and County of San Diego both approved a "Statement of Intentions" with Baldwin Vista Associates concerning the processing of Otay Ranch, In the summer of 1989, the City Council and Board of Supervisors approved a Memorandum of Understanding establishing a joint planning effort, Mr, Vernon G, Hazen was hired as the Project Manager for that effort, On July 20, 1990, Mr, Hazen resigned, Mr, Lettieri was hired on September 25, 1990 for a one-year term expiring on September 28, 1991. Council extended Mr, Lettieri's contract on October 8, 1991 until October 1992, on September 22,1992 until December 31, 1992, on December 15, 1992 until April 30, 1993 and on May 4, 1993 until August 1993 with an optional two-month extension by the City Manager for September and October 1993 should it be deemed necessary, The term of this Agreement is for work completed or to be completed through January 1994, The justification and rationale for this circumstance of returning to Council for authorization subsequent to the work being done is explained herein, As Council is aware, this occurred with one other consultant (Remy & Thomas) as welL The Contract terms include, specifically, attendance at all public hearings, finalization of all planning documents, coordination of City/ JLI'/ .--.-.,.- ---- -,----_.__._,-_.._.__._~~.- Page 2, Item /1 Meeting Date 1/18/94 County staff, Baldwin Vista Associates and all consultants and preparation of staff reports for Planning Commissions and City CouncillBoard of Supervisors and minimal assistance on pending legal action, The last contract extension went through August 1993 with a provision that the City Manager could extend for two months if deemed necessary, The Agreement assumed that the hearings would end in August and there would be two months of finalization of documents after that date, As it turned out, the final hearing was on October 28, 1993 and Mr, Lettieri's services were required by the City and the County through the end of the year, In addition to finalizing all documents, Mr. Lettieri has coordinated Otay Ranch financial matters with the other consultants and Baldwin Vista Associates and has assisted the City and County in providing input to the City Attorney and County Counsel on the legal action filed on the Final Program Environmental Impact Report by Chaparral Greens, In the previous contract, there was also a limit of $15,000,00 per month that could be charged to the project by Mr, Lettieri. In the course of the project, Mr. Lettieri's services never exceeded that amount. However, during the two months of September and October 1993, Baldwin Vista Associates, the City and the County asked Lettieri-McIntyre & Associates to complete work previously assigned to other consultants (RBF & Associates and Ogden), This amounted to a total of $43,014,80 for the two-month period, Baldwin Vista Associates is pleased with the work and supports these charges since the scope of the firm's involvement exceeded the original intent. This was work the City staff could not have completed since it involved computer scanning of exhibits and technical support to the County of San Diego, More specifically, the tasks are broken into the following items: 1) Regarding Ogden's involvement, Lettieri-McIntyre & Associates was asked by the County and Baldwin Vista Associates to oversee and revise the following: Mitigation Monitoring Program (MMP): Lettieri-McIntyre & Associates reviewed in detail the MMP and the Final CEQA Findings of Fact to resolve any inconsistencies and to make the document reflect the final adopted project. Review of recommended changes to the document was coordinated and text changes were made, Further coordination was needed to complete the changes to the MMP and associated tables, Mitigation Measures Found to be Feasible: Lettieri-McIntyre & Associates prepared the original draft of this document which was directed to be appended as Part IV to the County's Otay Ranch SP, Subsequent revisions were required following detailed review of the MMP and Final CEQA Findings, Final formatting was prepared by Baldwin Vista, CEOA Findings of Fact: Lettieri-McIntyre & Associates assisted in review of the Findings to determine their conformance to the final adopted project. ILj,;¿ H._ Page 3, Item K Meeting Date 1/18/94 Resource Management Plan (RMP): Lettieri-McIntyre & Associates participated in review of the RMP and in coordinating recommended revisions, 2) Regarding the following, RBFs contract had expired, the firm was no longer involved in the hearing process and Lettieri-McIntyre & Associates was asked by Baldwin Vista Associates to complete these tasks previously assigned to them: Graphics: Lettieri-McIntyre & Associates completed revisions to all graphics in the GDP/SRP to make them consistent with the final project. In addition, work on County and City GPA graphics was completed, RBF's Orange County office would have otherwise completed the graphics but could not meet the schedule necessary to meet the County Board of Supervisors/City Council hearings, Technical Support - Statistics. Dwelling Unit Count: Lettieri-McIntyre & Associates assisted in tracking final acreage and dwelling unit counts for the final project adopted by each jurisdiction, Revisions to the tables within the GDP/SRP were recommended and the final statistics were reviewed for accuracy, It was believed that Lettieri- McIntyre & Associates could most efficiently complete this since staff was already involved in preparing for hearings, Text AmendmentsIFinal Documents: During project hearings, text amendments to the GDP/SRP and all support documents were tracked and recorded, Following adoption, review of each document was necessary to determine that all directed text changes had been made and that the documents were consistent. Public Record: Lettieri-McIntyre & Associates has assisted in defining the public record and coordinating complete copies of the record for the Clerk of the Board of Supervisors and the Chula Vista City Clerk. Due to Lettieri-McIntyre & Associates involvement at the hearings, their staff was best able to coordinate with the Clerk of the Board, City Clerk and legal counseL The final document still outstanding is the Resource Management Plan, Lettieri-McIntyre & Associates will be working with the City and County to finalize the document, and that will be complete this month, The total for December 1993 and January 1994 will not exceed $15,000,00, Therefore, the term of the Contract is through January 1994, Mr, Lettieri was advised on January 4, 1994 to stop all additional Otay Ranch work until a contract could be brought forward to Council for consideration, For Council's information, we would also note that Lettieri-McIntyre & Associates received $285,537.47 in FY 91-92 and $242,400,22 in FY 92-93 which included not only work on Otay Ranch but also EIR work for the City on EastLake Kaiser, Palomar Trolley Center and some work on RDR SPA III. Through August 1993, Lettieri-McIntyre & Associates received $32,141.86, / '1- :3 .+..__.__..._..__....._.,._~~- ..._-~-_.._..._-----".._,---...- Page 4, Item /f Meeting Date 1/18/94 Whv was work continuing without a contract? The Contract was written to end on August 31, 1993 and the City Manager could extend it for two months, or through October 31, 1993, It had been assumed, when the contract was approved, that the hearings would end in August and the finalization of documents would occur in the next two months, There were six public hearings in September and October 1993 with the final public hearing on October 28,1993; therefore, completion of final documents occurred in November and December 1993, Mr, Lettieri accepts responsibility for not having submitted an amendment earlier. At the time, the total focus and effort was on getting the project done and completing the revised documents for City Council/Board of Supervisors final consideration in October and November. However, the work that was completed was necessary to revise the plan documents and was done to the City and the County's satisfaction, Furthermore, Baldwin Vista Associates is on record as supporting Lettieri-McIntyre & Associates work effort and extension of the Contract through January 1994, Copies of the detailed invoices documenting the work are attached, For Council information, the next Otay Ranch process involves the Sphere of Influence Update and the Sectional Planning Area Plan, or SPA process, These processes have been transitioned to a new in-house staff team headed up by Mr, Gerald Jamriska and included in the City's budget for this fiscal year 93-94, Several staff members have recently been hired, and that process is currently underway, FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista, The monthly costs are already incorporated into the overall Otay Ranch expenditure plan, All costs will be paid to the City by the applicant through the Otay Ranch Trust Account Attachments NOT SCANNED memos#4:\ajlapril.113 /1/-1 _.._.._._".__._._..__._____'"'___.m'_·__··_~_,__·"__·, ..__...._ . RESOLUTION NO. J 7 3 (p~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL RENEWAL OF THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LETTIERI-McINTYRE & ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the attached agreement renewal for professional project management services with Lettieri-McIntyre and Associates and Baldwin vista Associates is to finalize the agreement services to represent the actual time spent completing the hearing process and finalizing plan documents; and WHEREAS, the contract is intended to cover the final phase of this project; that is, through the approvals of the General Development Plan/Subregional Plan stage and includes finalizing project approval documents and transition work necessary to assist City and County staff on any future work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Final Renewal of Agreement between the City of Chula vista and Lettieri-McIntyre & Associates, Project Manager and the Baldwin Vista Associates for professional services for Otay Ranch, a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on.behalf of the City Chula V' a. Presented by aslo I~ George Krempl, Deputy City Bruce M. Manager Attorney C:\RS\LcUicri IJ./- 5' . _.,.____...___._.M__.'__.__.._._._._._____m___ -- D.<tffiAJ DETAIL STATEMENT LE1TIERI.MelN'IYRE AND ASSOCIATES, INC. 1331 Fourth Ave,_ Suite 430, San Diego, CA 92101 ~ (619) 238-4241 FAX (6191238-9772 L-\"iD liSE & t:NVIRON\lE:"ìTAI, rL\~:\I;'(; . DEVEUH'\lE:liT FE\SIHIUT\ -; --: -=-~~ .-.,-=: '-~ ~_._-_.._._- :lty OT Chula Vista :0,ttn: l..ìnda Bond/See, - - )1 315 4t.h Ave_, 5ulte A ':::hula Vista. C,"""l910 AMOUNT ¡ ENCLOSED $ I . PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT ,.-"" 'c' ~ Aê'¡¡~ Subtotal for General 31S~$.,W:t ;'~_""-'d t ~~~ Otay Ranch/General '~'i ;t;i!Z~- 17Ô..:~ 554~~~ Meeting:ESC 2.QQ: 5&~ pubAgnStfSupp: 12.501 1062',,~; ~~ 56$O~~ pubAgnstfSu~p: Meeting 7.00¡ 595~.Q() .vi .,.;1!s¡ij¡ and resolutlons t·^' _ 56~ pubAgnStfSupp: e~'¡;~ÓF ... table revisions, O. 56:!t.. pubAgnStfSupp: 'J!:!;j!-ki:1G~ ,:!5;" , "';~" sphere status, 0,.' .. 568@:?i;! PubAgnSt fSupp: O~' S~ pubAgnstfSupp: 09:'", 56, ..,\¡ PubAgnStfSupp: o~,· . 56e~~ pubAgnStfSuPp: 51 ~~~.~~~¡~~~.;.., .,.... requlredtext 5 ' pubAgnStfSupp: ;;¡¡~.' tables S6eQ~ pubAgnStfSupp: DocPrep '~¡~~¡'ì table revisions, 5~ PubAgnStfSupp: 5 A,:, pubAgnst fSupp: ::III ,e. VDD co"ce,"s 5';.' . ¡' PubAgnSt fSupp: Meeti .,,;-., ,. incl. briefings~ 5'" '. PubAgnSt fSupp: ement Continued :1TIERI-MdNTYRE AND ASSOCIATES, INc.. T CrtTls: Net 30 days. I 1/1% per month service charge on halances past due 30 days or more. I F01:RTII.\n~M'E. "( ITE nn .."-.--.....-,---.."..- ....._----~----,-,--,-_..~._- O~ffil!J0eTA'l STA 'ŒMENT LE1TIERI-MelNTYRE AND ASSOCIATES, INC. 1551 Fourth Ave.. Suite 430_ San Die~o_ C,\ 92101 ~ (619) 238-4241 FAX (619) 2:)8-9772 ", . ... " L\:"on l:SE & l-:N\i[H.O:"~tnT.\I. J'L\:\.'iI'i/; . IJEVU.UP'\U;'<iT HASIBlLlTY 09/30/93.··: 215 .. 2 City at Chula Vlsta Attn: ~lnda aond/Sec_ 315 4th Ave_. SUlte A rh 1 ,,' rt- '-A 01 910 AMOUNT '-' U a If 1.;;.. a" ',-, ~ .... 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Traffic Findingsi;ijJ;' :0:~iJ'JI!¡¡ri; 56'i,' ..,', :1' pubAgnStfSupp: Mseti ng 55....;1",.., 3 ~~, ¡ p.I1!.;,.~~, ' 5~, "".. ..' pubA9~StfSupp: DocPrep 55.~ 3,..$iI, :,.,.. 19Z:~".,'.' ;h~~ track1ng table. pres.;,,,iI ;!7 5~. PubAgnStfSupp: 85.<?~ 8..~ 722.,.~o ::,1;'_""'% Board ':",1Þ ; ,,:.!,'þ! '" "';,:^";*:~,' ~, '".,'J,'.,. PubAgnStfSupp: 55.,~~,.¡",¡~f¡.~"¡,,, 1·~~~.5,'.." .. ,,' pubAgnStfSupp: 55.~ 3~ 1~~:5 ;;:;:;1 hr ng items f or.¡¡,.,'" .,.'".~. It: "-,~~J( '2'J1jfÞ :','if:~{ :lTIERI.Mr:INTYRE AND ASSOCIATES. INc'. I'OIlHTII .\\ F....I"E. ~I'[n: \:\\1 T ..:rms: Net 30 days. [1¡::!t;''r· pef month service cl1an!c on balances past due JO days or more, ______ __...__ _._·'m_____'·._""__~,·_~_____ D~ffiÆ1 .oETAllSTATEMENT LE1TIERI·MclNTYRE AND ASSOCIATES, INC. 1551 Fourth Ave.. Suite 430_ San Dip~o_ C\ 92101 ~ 1(19) 238-4241 FAX (619) 2:¡8-9772 I.\-'~ ) USE & ¡':NVIRO;"¡.YlE:"*TAL PLA:'Iõ:'oiI1'G . B¡':VELOPYlE:'IiT FE\SIßILlTY City of Chula F,/ìsta ,;t t n: L.~nda Bond/Sec_ 315 4th Ave,. SUl.te {4 f:::~ìula Vista., CA 91910 AMOUNT ENCLOSED $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 5~~ 55~_~ 2~_¡ ;~ '1 ¡~¡¡~' 48;'[- . jIIf. " "j¡<ø: ."L ~ ",@," 56~'ì 127., ~ l~äif 56~ " c",_ ,.... 2S. ' :i~f.,'·:: :._.f_.· 3S""';. . 56t-, " 56~- 1181 .., 1l8~¡.~: S6~ 11.,j 1~u.;f¡¡¡r¡ 5~~ 8S, ' Sl.~:¡ t~ ~ 5", ;!~fV~~ 56~~ c.':"', . It"t:;.~~ ,;t(';.;·f~ . . " subtotal for Project Payments received "iW-""--09~~ . ij1~" .; '::~.., 'ITIERI-MelNTYRE AND \SSnUATES, 1'<(;, Tc'mls: Net 30 days. 1 1/2r;ý per month service charl!e on halanœs nast due 30 days or more, FIII'HT" nF'1 ~. "·TITF 1101 -----. _._._..,..._---_._,.__..-...._.~--"'~--~------ o~~ [JET '!'\IL E;T '!'\TEI'JIEHf LETIIERI·MdNTYRE AND ASSOCIATES, INC. .1:::1 F ~tn·f·t. ~lIitt· 201). San Dit·~o. C\ 9211)\ ~ ¡hit)} ~:~g--tl·ll FIX (61YI 2:l6-1):;7R ! 1'\111 ~I:". ¡:,\\¡ {I¡\\ ~"'T\I.I'I.\'''I'\(;· I>F\FHII'\I!-:'\T¡'I.\"llItI.lTì 10/31/93 215 .~ ~._----- ----'- ,: -:::. ,'.::'- --::2 i] \~" ii ~ r::\: " ''c.-'' ,,;:'.:, ~ II:;::: 'II' i!'I~-- ---'! i V)I ' i: ,-... ,.:...sta J~I ! 9 1993IWI '.- ~ - ::'It".:.:--: . ~ _ ;:oa ::·')ndl-:ec. - ," \v':; . . ~ ... ~ --'- AMOUNT "- _ ::~: _, Ó , . ,~... r I ENCLOSED $ .---.. " i PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT )9/30 3alance Forward 48660_57 _8/21 57862 Cavment CKI196259 Thank You -18642.51 '>.lbtotal for General Charges 30018.06 '~íoject 215 :tav Ranch/General Manager ~0/01 57084 ?ubAgnStfSupp: Coordination 55.00 7.50 412_50 _0/01 57828 Pub.Agn_Staff Supp:Doc Prep: Findings 85.00 6.50 552.50 ~0/01 57868 E:R "'inal: Graphics Preparation 35.00 1.50 52.50 ~0/03 57669 °ubAgnStfSupp: Graphics Preparation 35.00 6.50 227,50 ~0103 57829 PubAgnStfSupp: Prep for the ESC 85.00 2.00 170.00 "0104 57090 pubAgnStfSupp: DocPrep: Staff Report: 55.00 8.50 467.50 table revisions _0/04 57830 PubAgnStfSupp: Meeting - E5C and County 85.00 5.50 467.50 and City staff ~0/05 57091 pubAgnStfSupp: DocPrep: Staff Report: 55.00 9.50 522.50 table revisions .0/05 57671 pubAgnStfSupp: Graphics Preparation 35.00 7.50 262.50 ~0105 57831 pubAgnStfSupp: Coordination prior to Bd 85.00 8.50 722.50 ~tg/researchl mtg w/staff :.0/06 57677 pubAgnStfSupp: Graphics Preparation 35.00 4.50 157.50 :'0106 57832 PubAgnStfSupp: 8/S Public Hearing 85.00 3.00 255.00 :'0/07 57685 pubAgnStfSupp: Graphics Preparation 35.00 2.00 70.00 ~0107 57834 PubAgnstfSupp: Graphics Preparation with 85.00 6.25 531.25 R8F, County, Baldwin ~0108 57833 pubAgnStfSupp: Coor wi Baldwin, County 85.00 24.75 2103_75 and City staff, on proj., EIR, :,0/08 57835 ?ubAgnStfSupp: Meeting with the Board 85.00 3.25 276.25 10/11 57057 pub_Agn.Staff Supp:Doc Prep: Findings & 55.00 4.7S 261.25 Cverriding Considerations. ***** Statement Continued on Next Page ***** ~ALANCE DUE AS OF J~-I/ BALANCE ITIERI-\II'I:\TYRE A:\n\~~OU,\T":~. I:\L -I'BI,YT -I 111'. 'e!lns: 'Id _;Olb\'s. ! 1 /~('; f"ll.'r mnnlh service char!!l' ()11 halanœs nasI due _~() dav'i or l11tJrl'. . --..---..-,.- ------_.__.__._.-...-..-._-_._._~,---"-~ DJ~ [JET J.\JL ÐT AfEJIJIEl\lT LETI'lERI-MdNTVRE AND ASSOCIATES. INC. .ï:n F ~tl·(·f't. ~lIih' 209. San Di¡·¡,:o. (:.\ 1)2101 ~ I()IY\ :!:~B-·I,:2ll L\X 16191 2:!6-0S78 I \\1) I ~F.'\ 1-:\\ I!~( "IE\T\I.I'L\:\\I\(; . IJE' EU>I'\lEY!' FF\~lIJll.n~ :()/31/93 215 ::; .. - ~/ :J ~. '":::¡ul a Vlsta ..:;,t~:-:: _.: :-.da 30nc/Sec. ! ~ r. 4th Ave.. ':3ul te ,;:' ..J~"'; AMOUNT .·,L:.~a " ,-.'¡' ~ :::A -;::. 9~C, ENCLOSED $ , ~::;., ~CI . PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEa NO PROFESSIONAL SERVICES RATE UNITS AMOUNT : 0/11 57836 PubAgnStfSupp: Coordination for PC mtgs 8S.00 26.50 2252.50 during week of 10-11 0/12 56975 :::rR Final: Word Processing 35.00 2.00 70.00 :0/12 57061 Pub.Agn.Staff Supp:Doc Prep: 55.00 7.25 398.75 :0/12 S7698 PubAgnStfSupp: Graphics Preparation 35.00 5.00 175.00 ,:0/12 57837 pubAgnStfSupp: Meeting with Ogden 85.00 2.00 170.00 :0/13 56980 ErR Final: Word Processing 35.00 1.00 35.00 :0/13 57067 pub.Agn.Staff Supp:Doc Prep: 55.00 5.75 316.25 lO/13 S7104 PubAgnStfSupp: Coordination 55.00 .50 27.50 ,lO/13 S7106 pubAgnStfSupp: Document Review 55.00 1.00 55.00 :0/13 57108 DubAgnStfSupp: DocPrep: Staff Report: 55.00 2.75 lSl.25 table revisions :0/13 57114 Public Agency Staff Supp.:Public Hearing 55.00 2.50 137.50 :0/13 57704 pubAgnStfSupp: Graphics Preparation 35.00 3.00 105 . 00 :0/13 57838 PubAgnStfSupp: Meeting - CV Planning 85.00 3.50 297.50 Commission :0/14 56984 ErR Final: Word Processing 35.00 .50 17.50 :0/14 57068 Pub.Agn.Staff Supp:Doc Prep: 55.00 2.50 137.50 lO/14 57075 PubAgnstfSupp: Coordination 55.00 .75 41.25 ,0/14 57117 pubAgnStfSupp: Coordination 55.00 .50 27.50 lO/14 57118 PubAgnStfSupp: DocPrep: staff Report: 55.00 5.75 316.25 table revisions .0/14 57709 PubAgnStfSupp: Graphics Preparation 35.00 5.50 192.50 10/14 57839 pubAgnstfSupp: DocPrep: staff Backup for 85.00 14.75 1253.75 the Planning Commission ,,0/15 57077 PubAgnStfSupp: Document Preparation 55.00 .50 27.50 :0/15 57123 Public Agency Staff Supp.:Public Hearing 55.00 4.75 261.25 lOllS 57718 PubAgnstfSupp: Graphics Preparation 35.00 3.00 105.00 :0/15 57840 PubAgnStfSupp: Meeting - County Planning 85.00 6.50 552.50 Commission ~0/18 57128 PubAgnStfSupp: Coordination - summarize 55.00 1.50 82.50 PC actions ***** statement Continued on Next Page ***** ¡ALANCE DUE AS OF / -/e:¿ BALANCE rTIEIU-\l('I1\TYRE A!\U \~S()(:L\TES. I:\"C L.'T1l1'';: \;CI.10 daY~. ~rlt ·TT -I rn: ë"' 1 I (2'í pn montl1 service cI1an..!(' on halances !last due 30 davs or rnon..'. _" w_-.-__.___·___ _."__".~_ _____~.. _ _ ___._.____..., -. --... D,,~M !JET '!'\JL En '!'\TEI'lIE)\jT LE1TIERI.MdNTYRE AND ASSOCIATES, INC. _·d:{ F ~trc·I·t. SlIite 209. San Dit-'!!o. C\ 1 ~IOl ~ ¡hl')\ ~:m-"¡241 FAX (61')) 236-057B i, \ '\11 l ~F ,Ii. F\\ IHO\\IEyr \1, 1'1.\.,.'\1'\(; . ¡'I-:\ FLOj'\H,\T FE \:'IBlI.lTì -..... ,-, 0;- C!~'-.l';'Ò ilsta ;t'~.. : _':':;da 3o¡,c/~.ec " J1.5 4t:¡ Ave. '':.~':'':'e r'; AMOUNT ~ ~d ',' ~st,;! . --" -; , ,~~ r-. ENCLOSED S PLEASE DETACH ANO RETURN THIS PORTION WITH YOUR PAYMENT DATE SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT .0/18 ,,7129 ?ubAgnStfSupp: Meeting 55.00 2.50 137.50 '.0/18 57130 pubAgnStfSupp: Coordination - 10/28 5S.00 .50 27.50 ?resentation order ~0/18 57725 ?ubAgnStfSupp: Graphics Preparation 35.00 2.00 70.00 ~0/18 57841 pubAgnStfSupp: DocPrep: Staff Report: 55.00 1.00 55.00 table ,.-evisions ~0/18 57842 PubAgnStfSupp: DocPrep: Staff Report and 85.00 22.50 1912.50 findings rev. . tables. coor of staff ~0/18 57843 ?ubAgn5tfSupp: Meeting with chantal 85.00 2.50 212.50 :0/19 57133 PubAgnStfSupp: Coordination - agenda 55.00 .75 41.25 ~0/19 :;7134 "'c:b.C,gnSt fSupp: Meeting -for reports for 55.00 3.00 165.00 10/28 hrng ~0/19 57136 pubAgnStfSupp: Meeting - with Baldwin 55.00 1.00 55.00 :0/19 57137 pubAgnStfSupp: DocPrep: Staff Report: 55.00 3.50 192 . 50 :'able ,-evisions :0/19 57844 PubAgnStfSupp: Meeting with Bob L. and 85.00 6.75 573.75 Ric!¡ . RAA, Ogden :0/20 57140 PubAgnStfSupp: DocPrep: Staff Report: 55.00 4.75 261.25 table revisions ~0/20 57142 "'ubAgnStfSupp: Coordination 55.00 3.50 192.50 10/20 57732 PubAgnStfSupp: Graphics Preparation 35.00 .'5'Ø 17.50 :0/20 57845 PubAgnStf5upp: Prep for B/S Aide pkgs 85.00 3.ª 276.25 :0/21 57002 EIR Final: Word Processing 35.00 1.00 35.00 ~0/21 57148 PubAgnStfSupp: Coordination 55.00 4.00 220.00 :.0/21 S7149 pubAgnStfSupp: Coordination - agenda 55.00 3.00 165.00 packets :0/22 57153 pubAgnStfSupp: Document Preparation 55.00 .25 13.75 tO/22 57156 pubAgnStfSupp: Coordination - agenda 55.00 6.50 357.50 packets :0/22 57741 PubAgnStf5upp: Graphics Preparation 35.00 2.50 87.50 ,:0/22 57846 pubAgnStfSupp: DocPrep: putting final 85.00 12.00 1020.00 Board/Council Binder together ***** Statement Continued on Next Page ***** ¡ALANCE DUE AS OF J -/3 BALANCE nlEHI-\II'L\TYRE \l' ) b~f)U \TE~. I'Co ~T!1FFT ~I i IT :,,,, f',-'rm<;: '\C! _10 d:I\'S. 1 1 i~'; per month serviœ chan.!c on balances !last due .10 days or mme. -. --'~'------""----"--'-'-'---'-~-'-_.'-"'---~-- OðÆ'1M !JET ;'\IL ÐT ;'\TEI'JIEI\H LE1TIERI.MciN1YRE AND ASSOCIATES. INC. :j:n F ~tn·d. ."'uitt-' 209. ~an lJi,·!!o. L\ 'J210! ~ ¡(>!'}) ~:\B-l~ 11 F\X (6llJ) 2:~6-0,)7a I. \"1) I ~E 8. F\\ IH( '\\IEYI'\L 1'1..\'\'\1\(; . IJE\ELOI'\HSr !-1':\"11I1Irl) ~0/31/93 215 4 :'L :. t )". -:hula ') :'3~a :.,r_ :. ;~ : _ ~ '-:da 3cr:~/"::,ec. .~ 1 ':: ¿~t~l :';ve., Su:.. te (1 -'... ~ AMOUNT '~::U':' 6 ;' .;.2.:ta.. =,:i -:.:.~:: ENCLOSED $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEQ NO PROFESSIONAL SERVICES RATE UNITS AMOUNT "0/22 57869 PubAgnStfSupp: Coordination: Agenda 55.00 6.50 357.50 :0/25 57164 PubAgnStfSupp: DocPrep: staff Report: 55.00 1.25 68.75 County feasible Mit. meas. _0/25 57168 PubAgnStfSupp: Coordination 55.00 .50 27.50 .0/25 57173 PubAgnStfSupp: Document Review 55.00 .75 41.25 :0/25 57174 pubAgnStfSupp: Coordination 55.00 .25 13.75 ~0/25 57176 pubAgnStfSupp: DocPrep: staff Report: 55.00 2.25 123.75 County feasible mit. meas. _0/25 57745 ?ubAgnStfSupp: Graphics Preparation 35.00 3.00 105.00 :0/25 57847 PubAgnStfSupp: Meeting w/ESC, Woodard 85.00 5.25 446.25 ~ 0/26 57179 ê>ubAgnStfSupp: DocPrep: Staff Report: 55.00 5.50 302.50 Cnty feasible mit. meas. ~0/26 57182 -oubAgnStfSupp: Document Review 55.00 1.00 55.00 GDP/SRP measures to lock in plan :0/26 57183 PubAgnStfSupp: DocPrep: Staff Report: 55.00 .50 27.50 presentation order .0/26 57185 pubAgnStfSupp: Telephone Call 55.00 .50 27.50 :0/26 57746 pubAgnStfSupp: Graphics Preparation 35.00 8.00 280.00 lO/26 57848 PubAgnStfSupp: Prep for final hearing, 85.00 16.75 1423.75 coor w/Tina, Baldwin, staff ~0/27 57187 pubAgnStfSupp: DocPrep: Staff Report: 55.00 4.50 247.50 misc. docs. for hearing lO/27 57188 pubAgnStfSupp: Meeting - MSCP 55.00 3.00 165.00 .0/27 57747 pubAgnStfSupp: Graphics preparation 35.00 1.50 52.50 ~0/28 57192 ?ubAgnStfSupp: Coordination - rvsns, 55.00 4.75 261.25 copies. overheads for hearing lO/28 57194 Public Agency staff 5upp.:Public Hearing 55.00 4.75 261.25 ~O/28 57849 pubAgnStfSupp: Meeting with Tina 85.00 3.00 255.00 .0/28 57850 pubAgnStfSupp: Public Hearing with the 85.00 5.50 467.50 Board and Council .0/29 57202 ?ubAgnStfSupp: Coordination - revise 55.00 2.75 151.25 density table ***** Statement Continued on Next Page ***** ¡ALANCE DUE AS OF ) BALANCE i'TIEIU-\1 ·I:\TYIŒ Y\I) \:.;~un,\·n::.;. I:\L L'rms' '<\'t~() 11;1\" I ! r~r; Pl' " 111\)11111 sl'rvic,-' dl;lf!.!(' nn h:ll:mcl's 11;1,' rim' ~() d;!vs (If mor,' ~Tl(n, r ~I ITI' '"'' _ ___.._~..,._,.," _w." .._..___"._____..____ D~~ UET,!.\IL ËjTt.\"r;:J\jIEI\lT LETI1ERI·MdN1YRE AND ASSOCIATES, INC. :):1:~ F ~trt·..t. ~lIitt· :!OIJ. :"Ìun Di -'~o. C \ 92101 ~ \()!IJ) 2:~B-.t2tl F\X ((dc)) 2:~6-0;)7B L \\0 I ~E 8, 1':"\ I!(O'''a:'\r \1. 1'1. \ \'1'\1; . IJF\EI.II!'''F'\T FE \~IBIUn - .~ J~-:, " " ~:-·.~':'d .'':' ~3 td. \t:.:c : __:-:da. 3cnc/38C. -;.; '::- ..¡th ;::;\/i?" '::,L':;" ::2 ~1 " ',~., . ' '¡' ~ '::'':3, ~,6, '-::11910 AMOUNT -" ,_. ~ <.-. ENCLOSED S PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT ~0/29 57851 PubAgnStfSupp: Coordination with staff 35.00 2.50 212.50 on thlngs ~o do _0/31 57757 Misc Fees:Binders for Reports 87.85 :.00 87.85 ,,0/31 57759 Messenger Services: REFil102993LMS 94.30 1.00 94.30 ,0/31 57767 :1essenger Services: REFll101593LMS 41.86 1.00 41.86 :0/31 57779 en House Photocopying: 666.56 1.00 666.56 ~0/31 57804 Document Production: REFII6879HPC 1112.00 1.00 1112.00 .0/31 57805 Document Production: REFII6881HPC 1707.00 1.00 1707.00 .0/31 57806 Doc~ment ?roduction: REFII6891HPC 383.39 1.00 383.39 _0/31 57810 ~e"ephone Calls US West10/15/93 5.10 1.00 5.10 _0/31 57813 .~uto ~ileage: (REFil103193-LMA)(MEM-RS) 38.08 1.00 38.08 Sub:'otal for Project 215 30317.39 ,ALANCE DUE AS OF 10/31/93 /1-/.5 BALANCE 60335.45 JTmIU-'1I'I~TYHE \~n\~~HCI\TE~. "c. _ ""~I I:T _I I rl ï,'rm~: ','.>t ìl) d:l\ ~ ,.."'(' 1),'1" 11111111h <;('rvicl' dwrpl' nn h:ll:ltl,·,,<; n:¡q dill' ~n '!:\\'~ ,"- ,,-,' ---..-- --------"-------- . --- D~ffitr1 !JET :'\JL ÐT :'\TEI'JIEI\lT LElTIERI·McINTYRE AND ASSOCIATES, INC. .'):B F SU'ed. :-'uitp 2(1). :"Ìan Dil'!,!o. C\ ()~IOI ~ 161'i) ~:¡H-I~,II F \X ((111)1 2:1()-O;:)7B L \ \1) I ~I-:.\ 1:'\\ 1I!IJ'\\a:\T \1. 1'1. \"'\1'\/; . IIE\ 1':I.OI'\IJ-:Yr F¡': \~IBILln _.'--~-'- - .~~. '.:.J '-.~ 1[',\ City of Chula Vista 2 0993 :~I Attn: Linda Bond/Sec. ,I : 31S 4th Ave., Suite A AMOUNT Chula vista, CA 91910 , ENCLOSED $ I PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE I SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT 10/31 Balance Forward 60335.45 Subtotal for General Charges 60335.45 Project 215 otay Ranch/General Manager 11/01 58530 pubAgnStfSupp: Coordination 55.00 3.50 192.50 11/01 58531 PubAgnStfSupp: Meeting at ORPPO to go 55.00 2.75 151.25 over approvals, tasks 11/01 58538 PubAgnStfSupp: Meeting with County and 85.00 3.50 297.50 City staff reo docs/final actions 11/01 58729 Auto Mileage: (REF'9384-LMA)(MEM~RS) 6.40 1.00 6.40 Meeting at ORPPO 11/02 58540 PubAgnstfsupp: Meeting 55.00 1.50 82.50 11/02 58541 pubAgnStfSupp: Coordination 85.00 2.00 170.00 11/02 58544 PubAgnStfSupp: Meeting with Kim and 85.00 2.00 170.00 Ranae 11/02 58557 PubAgnStfSupp: coordination with Clerks. 85.00 3.50 297.50 Co. staff, Counsel reo final doca/MHP 11/03 58208 PubAgnStfSupp: Graphics PreparatIon 35.00 3.00 105.00 11/03 58548 PubAgnStfSupp: CoordInation 55.0Q 1.00 55.00 11/03 58552 PubAgnStfSupp: Coordination - update 55.00 1.75 96.25 text changes in GDP 11/04 58212 PubAgnStfSupp: Graphics Preparation 35.00 2.50 87.50 11/04 58553 PubAgnStfSupp: Coordination - map & DU 55.00 2.75 151.25 c ha nges 11/04 58554 PubAgnStfSupp: DocPrep: staff Report: 55.00 3.75 206.25 revisions to Mit. Measures Found Feasibl 11/04 58555 PubAgn5tfSupp: Coordination - numbers 55.00 1.50 82.50 11/04 58559 pubAgnStfSupp: Oocument Review - GOP 85.00 6.75 573 .7S changes/MMP ***** Statement Continued on Next Page ***** 3ALANCE DUE AS OF /V--j" BALANCE ITIIŒI-\II'INTYHE\NB \ssnCl,\T"~S. I:\'C. T,'rrlls: Net 3() da\'s 'I'HI'FI' ~I In ~"' i 1/~(';- per month service chan!e 011 haJances past due 30 dav'i or more. - -_..~ . . .,.,-.-.--.-..-------- .__m'___ D"illlIJ IJED.\IL ST :.\TEj\JJ::I'.IT LE1TIERI·MdN1YRE AND ASSOCIATES, INC. .);t~ F ~tr"I·t. ~lIjtl· ~OY. San Di"J!o. CA Y2101 ~ ((.19);!:m-·t211 F\X ((,191 2:¡(,-OS73 !. \ \1) ( :"1': ,,\ 1':\\ !lW"\1I-:vr 11.1'1.\ \'1'\1; . DE\ EUJI'\IE:\T FE,\:-;IHILrn City of Chula Vista Attn: Linda Bond/Sec. 31S 4th Ave., Suite A AMOUNT Chula vista, CA 91910 ENCLOSED S PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT 11/05 58213 PubAgnStfSupp: Graphics Preparation 35.00 7.00 245.00 I 11/05 58556 pubAgnStfSupp: Coordination - table revi 55.00 4.25 233.75 i sions I 11/05 58565 PubAgnStfSupp: Meeting S5.00 1.00 55.00 ' 11/05 58561 pubAgnStfSupp: Coordination with Co. 85.00 7.25 616.25 Counel/Attorney reo findings/review 11/05 58740 Messenger Services: REFt31679-LMS 16.22 1.00 16.22 11/08 58564 PUbAgnStfSupp: Meeting with 30an, Lyman 85.00 2.25 191.25 reo RAA, prep 11/08 58580 PUbAgnStfSupp: Coordination - CEQA 55.00 4.25 233.75 Findings, du/ac #s, copies 11/09 58216 pubAgnStfsuPP: Graphics preparation 35.00 5.00 175.00 11/09 58566 PubAgnStfSupp: Coordination with Mary 85.00 2.00 170.00 on scope of revisions 11/09 58586 pubAgnStfSupp: Coordination - cover 55.00 6.00 330.00 sheets, copies, tIc, slides 11/09 58741 Messenger services: REF'31780-LMS 4.60 1.00 4.60 11/09 58742 Messenger Services: REFt31826-LMS 16.22 1.00 16.22 11/09 58775 Document Production: REFt6935-HPC 572.26 1.00 572.26 11/10 58220 PUbAgnStfsuPp: Graphics Preparation , ., 35.00 3.~ 122.50 11/10 58567 PubAgnStfSupp: Document Review - GQP, Tr 85.00 5.U 446.25 acking Sheet, DU Tables 11/10 58571 pubAgnStfSupp: Document Review - GDP, 85.00 10.25 871.25 Final Is, maps, coor w/Ogden 11/10 58587 pubAgnStfSupp: Coordination - graphics 55.00 .25 13.75 11/11 58228 pubAgnStfSupp: Graphics Preparation 35.00 5.00 175.00 11/11 58232 pubAgnStfSupp: Graphics Preparation 35.00 1.50 52.50 11/11 58593 PubAgnstfsuPP: Coordination graphics 55.00 .50 27.50 11/11 58594 PUbAgnStfSupp: Coordination - graphics 55.00 .50 27.50 11/11 58745 Messenger services: REF.31931-LM5 11.11 1.00 11.11 11/12 58236 pubAgnStfSuPp: Graphics Preparation 35.00 2.00 70.00 ***** Statement Continued on Next Page ***** iALANCE DUE AS OF J BALANCE 1'TIEIU-\11'11\TYIH-: .\' )\~~()CI,\TE~. I'c. ,'''''1·'''' ~'IT' "'" r,'mh" ""I ~(1 ,1:1\" I i /~,; 1','" 1l1nnlh "\'f\'ic<.' l'I1:\n'¡' nil h:,I:I11('I'" n'",! ,11'" ~n ,h"" n,. "H1f<' .___._ .._.._._,__..._......_.,." _-.__m_________.___n________ DET :'\IL En årEl'JIENT L Ej'r J.\'rEI'JIEHf u: AND ASSOCIATES, INC. '),SanDie~().C.\92101 ~ ,() 19) :236-0;;78 . . '.. CUSTOMER NO PAG' 1'1,\""1'(; . DE\EI.OP"EYf FE\SIRIUn 11/30/93 215 2' 215 3 .a Vista Bond/Sec. " Suite A AMOUNT CA 91910 ENCLOSEO S PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT PROFESSIONAL SERVICES RA rE UNITS AMOUfI, ¡ UNITS AMOUNT ¡bAgnStfSupp: Graphics Preparation 35.00 7.åGt 245f.' 11.25 106.2~ lbAgnStfSupp: Coordination - table rev! 55.00 4..~! 233",~: .ons & ,F;~ ,!;I!i;¡¡ ; .75 41.2~ lbAgnStfSupp: Meeting 55.00 III 55'~. " 1.75 96 .2~ lbAgnStfSupp:Coor:d'il14Uon"Wlth Co. .', 85..~, 7~~J 61.rf'J"~, )unel/At,tor'!8Yre;"¡fl''l'ldi_~J;'~j1l,1' .<5; til'l'OO 8.4C 'ssen~ Se_f~i;¡>4!.Ii "., lS.j""~J*;;¡ 1~ ,t~ ' ," ',15.00 175.OC ,bAgnStfSupp: Meeti'h8,,4ofttft1ØílNm.Io.)'IIUIift 8&.00 etØ¡ 19 .',; 11.75 96.25 '. RAA. prep , ...."" ." ,:S - '''',,'' , 4.SO 247.5C .bAgnstfSupp: C()o.....,,~¡,í5~ ç~" 55.00 4~_ I nding. du.lac"ttl!!òÓPiè!lJ """'/'\1',"; .. }*"I' 11 00 13 4'" :bAgnstisuppi._ C.... .,.. .. ' ·"!¡',,~.íI\,iS,.~, "'w..·_..,...tJ".~"','..'. '.~~',.'.,'¡,'~.¡.:". 35' ;:!I'.".~. :;'.... ,'.".'... ~ :50 17 :sè ¡bAgnStfSupp:&o ' Uott'WSth ~ ,.~ '.. .'~' . 2.25 1041.25 1 scope of revisioms ';.11" . 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I)!:\ LUJI'\H:....r FE \:-.IIIII.ln City of Chula Vista Attn: Linda Bond/Sec. 315 4th Ave., Suite A AMOUNT Chula Vista, CA 91910 ENCLOSEO S PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT 11/18 58625 PubAgnStfSupp: Coordination - re: MMP 55.00 1.50 82.50 and Findings; forward info 11/19 58638 PubAgnStfSupp: Coordination - maps 55.00 .25 13.75 11 /22 58280 PubAgnStfSupp: Graphics Preparation 35.00 3.75 131.25 11 /22 58575 PubAgnStfSupp: Coordination with County 85.00 2.50 212.50 staff, Linda reo record 11/22 58646 PubAgnStfSupp: Document Review - Village 55.00 4.00 220.00 Phasing Plan; coordination re: MMP 11/22 58647 PubAgnStfSupp: Coordination - re: GPA 55.00 .50 27.50 maps 11/22 58712 Messenger Services: REFI32447-LMS 13.69 1.00 13.69 11/23 58648 pubAgnStfSupp: Document Review - maps 55.00 .25 13.75 11/23 58649 PubAgnStfSupp: Coordination 55.00 .75 41.25 11/23 58650 pubAgnStfSupp: Coordination - disks to 55.00 .75 41.25 Ogden 11/23 58651 PubAgnStfSupp: Coordination - Findings 55.00 1.50 82.50 memo to Clerks 11 /23 58714 Messenger Services: REFI32475-LMS 13.69 1.00 13.69 11 /23 58734 Auto Mileage: (REFI9384-LMA)(MEM-RS) 7.04 1.00 7.04 County Clerk & City Clerk 11/24 58657 PubAgnStfSupp: Coordination - MMP 5S.00 4.00 220.00 changes. directions for word processing 11/24 58658 PubAgnStfSupp: Coordination - review 55.00 .50 27.50 Baldwin library list; create docs list 11/26 58576 pubAgnStfSupp: Document Review prior to 85.00 6.00 510.00 city/county meeting 11/29 57944 PubAgnStfSuPp: Word Processing 35.00 1.00 35.00 11/29 58295 PubAgnStfSupp: Graphics Preparation 35.00 2.50 87.50 11/29 58577 PubAgnStfSupp: Coordination w/Mary. 85.00 5.00 425.00 Duane and Chantal. Financial 11/29 58669 PubAgnStfSupp: Coordination - re: MMP 55.00 .50 27.50 revisions. graphics ***** Statement Continued on Next Page ***** ;ALANCE DUE AS OF ) BALANCE rTIERI_\I,'IYrYIU:\' )\~~OfT\TF~. I\Co -,-,,',",,"","'" '"" r'rTll'" \j¡'1 ,(1,1:1\" I 1 PI" ,','r '"nnlh ''''r\';('(' ch:lr"(' on h:d:1I1C''', n:,d ,1",. ::1' .1·,,'" n,- "1'''-.' " _._--_...---_._~~--~---------~.~,_.~-----------~--. D¿ [¡~ fJET'!'\JL ST,!.\TEI'JŒJ\jT LE1TIERI·MclN1YRE AND ASSOCIATES, INC. ,¡:n F .'.tl't'pL ~lIitt' :!09. San Dit'!.!o. L.\ ():!101 ~ íÚ]I») :!:W-,--I.2,~1 F IX ¡(¡['II 2:J(¡-IJ,,7H I. \ \lIl.~¡-:.'ì. 1:,"'\ IIW,\\IEyr \1. 1'1.\\"1\4; . IJE\ELUJ'\lE,'T FE \:-iIBJI.rn City of Chula Vista Attn: Linda Bond/Sec. 315 4th Ave., Suite A AMOUNT Chula Vista, CA 91910 ENCLOSED S PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DATE SEO NO PROFESSIONAL SERVICES RATE UNITS AMOUNT 11/29 58670 PubAgnStfSupp: Coordination re: final do 55.00 1.25 68.75 cuments 11/29 58671 PubAgnStfSupp: Meeting re: final docume 55.00 2.50 137.50 nts 11/29 58735 Auto Mileage: (REF#9384-LMA)(MEM-RS) 6.40 1.00 6.40 ORPPO for meeting 11/30 58678 PubAgnStfSupp: Coordination - findings 55.00 1.00 55.00 memo, forward to clerks, tIc city, graph 11/30 58680 PubAgnStfSupp: Coordination review doc 55.00 .25 13.75 11/30 58717 Messenger Services: REF.32646-LMS 11.62 1.00 11.62 11/30 58718 Messenger Services: REFIt32647-LMS 4.60 1.00 4.60 11/30 58719 Messenger Services: REF'32648-LMS 3.45 1.00 3.45 11/30 58720 Messenger Services: REFIt32660-LMS 13.69 1.00 13.69 Subtotal for Project 215 12697.41 1ALANCE DUE AS OF 11/30/93 /'1 - oZcJ BALANCE 73032.86 !"I'IEIU-\l('I!\TYIŒ .\\1) \~~IH:I\TI'~~. 1'\1:. "."".. "" ,1\,1·,,-, ' I ,--,' .,.,,' """,.1, ""~'_;"" ,·h·'r",' "" 1,.,[."" ..,' ,,,,,-t ,1.,,, :1\ I·,,·. ,,,. ,,,,"',' .-... -----.-.--..--------- . COUNCIL AGENDA STATEMENT Item 15- Meeting Date 1/18/94 ITEM TITLE: Resolution /7;J (, Zoption of Council Graffiti Policy on Youth Sport Facilities and Structures on City Parklands SUBMITTED BY: Director of Parks and ~eatioQ REVIEWED BY: City Manage~ \?'vj ~ (4/Sths Vote: Yes_NolO Graffiti on youth league snack bars and structures located in City parks is a major problem when the responsible groups do not eradicate graffiti in a timely manner. As the graffiti problem increases, the aesthetics of the parks continue to deteriorate. RECOMMENDATION: That Council adopt the graffiti abatement policy which requires youth leagues to accept responsibility for timely graffiti removal, and provides sanctions and withdrawal of field use privileges from organizations that continually fail to remove graffiti in the specified length of time, BOARDS/COMMISSIONS RECOMMENDATION: At its regular meeting of June 17, 1993, the Parks and Recreation Commission voted unanimously to accept the policy as proposed. On December 13, 1993, the Youth Commission concurred to accept the policy as proposed. DISCUSSION: Historically, it has been the responsibility of each youth sport league to maintain their facilities on City property. The facilities were built by league volunteers with the understanding they would maintain the structures. However, there are no formal agreements between the City and the leagues concerning the operation and maintenance of these facilities. It is the Department's position that Little League facilities should be maintained by the leagues because the facilities, snack bars, dugouts are used extensively by the leagues, and they derive all financial benefit from the snack bars for their program. In addition, having the leagues maintain their facilities would encourage a sense of pride in and ownership of these facilities, Youth sports facilities, i.e., snack bars, dugouts, etc. are frequently the target of graffiti throughout the year. During the league's season, most leagues have been very cooperative in eradicating graffiti within a reasonable time, The more significant graffiti problems occur when the leagues are not operating, It is a known fact that graffiti which is not removed quickly will attract more graffiti, The Youth Sports Council has reviewed and supports the proposed graffiti eradication policy. Council may recall that the Youth Sports Council was formed by Council resolution in order to enhance City/league communication and promote a unified voice by the youth sports community, The Youth Sports Council is comprised of league presidents who represent every sports league, Youth Sports Council members agree they have a responsibility to maintain their own facilities, and they endorse the Department's policy. The proposed policy stipulates that when a league structure is vandalized by graffiti the league president is notified of the problem. The league is then allowed seven days from notification to clean up their facility. The seven day period is consistent with the City's graffiti abatement policy, /5-- / o___··_.._.. ---~-_._._~._-~-_.,._,_..,_.,.._-------,. --~-,- Page 2, Item /5 Meeting Date 1/18/94 The Youth Sports Council also supported the seven day time frame. In addition, the Youth Sports Council agreed that, if after the seven day period the graffiti has not been removed and City staff must paint over the graffiti, the delinquent league would be billed for the cost of staff time and materials. As a last resort, the Policy allows the Department to remove field privileges from a group who, after numerous warning, refuses to adhere to the Policy. This action will onlv take place after the Department has met with league representatives to determine what problems may exist which prevent the league from eradicating the graffiti in a timely fashion. For instance, if a League is experiencing financial difficulties or is in need ofresources (paint/volunteers), the Department will act as a facilitator to ensure that resources are linked up to the organization. Finally, the Department will ensure that graffiti will be eliminated (painted over) as soon as possible and no later than seven working days after it occurs. FISCAL IMPACT: None Attachments A - Parks and Recreation Commission Minutes (excerpt) NOT SCANNED B - Youth Commission Minutes (excerpt) NOT SCANN C - Proposed Council Policy ED graffiti.a13-January 11,1994 / -->~ ,;¿ ..._.,,-~.._._~- "-_._~_._--_....----,._- RESOLUTION NO. / 73 ¿, 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLANDS WHEREAS, graffiti on youth league snack bars and structures located in city parks is a major problem when the responsible groups do not eradicate graffiti in a timely manner; and WHEREAS, as the graffiti problem increases, the aesthetics of the parks continue to deteriorate; and WHEREAS, it has been the responsibility of each youth sport league to maintain their facilities on City property, however, there are no formal agreements between the City and the leagues concerning the operation and maintenance of these facilities; and WHEREAS, it is staff's position that Little League facilities should be maintained by the leagues because the facilities, snack bars, dugouts are used extensively by the leagues, and they derive all financial benefit from the snack bars for their program; and WHEREAS, the Youth Sports Council has reviewed and support the proposed graffiti eradication policy; and WHEREAS, at its June 17, 1993 meeting, the Parks and Recreation Commission voted unanimously to accept the policy as proposed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby adopt the Graffiti Policy on Youth Sport Facilities and Structures on city Parklands as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by Jess Valenzuela, Director of Parks and Recreation i...... C:\rs\graffiti.pol ;Ý3 fS-6 _..._-----~.-_._--- --. PARKS AND RECREATION COMMISSION PAGE 4 June 17, 1993 Motion to have the Commission meet at 6:30 pm. MSC CARPENTER/SANDOVAL-FERNANDEZ 4-2-1 (ROLAND ABSTAINED, he declined to state his reason for abstaining at this time) c. Graffiti Eradication Policy Director Valenzuela stated that the Policy before the Commission had been a Department Policy for quite some time, but at this point staff is proposing to send it to Council for approval to elevate it to a City Policy. Motion to accept the policy as proposed MSUC HELTON/HALL 7-0 d. Joint Use of School District Facilities Commissioner Roland stated that this is up to the City Council. Director Valenzuela informed the Commission that implementation of the Youth Action Plan is contingent upon the joint use of facilities. He feels that this should be identified as an issue and a meeting of the minds should be reached between the policy makers from the City and the School District. He suggested that if the Commission supports this idea, a memorandum could be forwarded to Council so stating. Motion to forward a memo to Council through the Chair requesting Council to meet with the School Board, or that a committee be formed, in order to discuss joint use agreements and associated issues that go with it, with the associated issues being outlined by the Director of Parks and Recreation. MSUC HALUWILLEIT 7-0 e. Extension of Youth Center Operating Agreement Director Valenzuela called the Commission's attention to the copy of the proposed Youth Center Operating Agreement Extension which was included in their information packets. He then answered the Commission's questions about current usage and conditions at the Youth Center. Motion to support the Youth Center Operating Agreement Extension as presented, MSUC WILLETf/SANDOV AL-FERNANDEZ 7-0 7. COMMUNICATIONS a. Written Correspondence NONE 1S:-3' n__""'~_'__ .___<___ YOUTH COMMISSION 5 December 13, 1993 Mayor Nader encouraged the commission to make any recommendations or develop any ideas for consideration to Council that would promote the safety of the youth in the community. He thanked everyone in the commission for their volunteer time and took his leave. Chair Prescott asked for more recommendations of unsafe areas. commissioner Merservy brought up schools. Chair Prescott introduced a second idea of parent involvement. San Diego has a program in which senior citizen's are equi~ped with cellular phones in their vehicles. Their job s to be extended eyes of the police department and call dispatch if they see a problem arising. It is almost like an extension of the neighborhood watch. The city of San Diego receives a grant to buy the cellular ~hones, Chair Prescott would like to recommend to Counc~l the idea of this program. Further information will be discussed at the January's meeting along with the questionnaire of safety. commissioner Jamieson asked if the elderly will be trained for this program. San Diego does offer classes to prevent harm to a senior citizen. A city wide patrol may not be something that could be implemented very easily but perhaps 20 minutes after school lets out or before school begins in the morning hours might be something to look for. Commissioner Jamieson recommended student/teacher/ community involvement on what they feel the worst schools are in gang activity. Each school has a gang problem but which school has the highest gang activity. The worst would become a test case for the seniors. The commission returned to the discussion of the safety questionnaire and asked that it expand it's questions to areas of the community and not just parks. Also include rgw question "Do you feel safe driving late at night?" B. Graffiti Abatement P01icv - John Gates, Parks and Recreation, asked for the Commission to review the Graffiti Abatement Policy and vote to accept the policy as written and/or make recommendations for amended lan~age. The policy and the Commission's comments and vote w~ll be noted in a report that will go to the City Council for approval later this month. The Youth Sports Council and the Parks and Recreation Commission have already reviewed the policy and both groups voted unanimously to accept the policy as proposed. Commissioner Page moved to approve the policy seconded by Commissioner Jamieson. The rest of the Commission approved. / 5--~ -- - ._.~-~.,.~._---~-- ------- 4 December 13, 1993 C. P tmas Caro - Commissioner Page inform Prescott that caroling at Fredericka Ma residen ial area was out. The Director of Activities doesn't llow anybody to go caroling in the resident' section. They offered a room in the hospital for t Commissio ers to sing to a group. Other opti s were caroling at Candy Cane Lane Christmas T ee Circle. The Commissi voted on caroling at Candy Cane ne and/or Christmas Tre Circle. Caroling was Tuesday ening, December 21, a 5:00 p.m. Everyone met in f nt of city Hall and then anned to walk to Candy Lane. If time permits, a driv to christmas Tree Circle llows. Chair Prescott ad ised that the Commissio could visit in other areas depend'ng on transportation. He recommended going to Casa Nues~ a, Birch Patrick an other areas. The city Council had een invited and olunteered their services. Mayor Nade will announce 0 the Council the details of the caroli He will b ,able to offer transportation for six eople if n ded. The commission was ontact the ASB buddies, family members and at is available. NEW BUS:I:NESS A. Gana Activitv - Chair P es tt spoke to Officer Lederle prior to the meeting about ting ~arents involved in patrolling schools. Agent derle ~nstructed Chair Prescott to talk with prin al Larry perondi at Chula Vista Middle. Perondi mig t ave a program that could be implemented in other high sch Is that are having problems. Chair Prescott handed ionnaire on park safety. He asked the Youth Co ission to read it over and suggest any changes or other deas. Once the questionnaire has been approved by th Youth Commis 'on, it would be handed out to school home oms. When the questionnaires are completed, they w Id be handed ov to City Councilor the Police Depar ent. Commissioner elling in the first paragraph. Commissione Page recommended adding 0 her areas to the questionna' e, not just limited to the arks. For example the City creation area (Parkway and ma Verde) and the library. Another area suggested was the RaIley's on Third Avenue, (usually around 10:00 pm.) /3/7 I COUNCIL POLICY \ CITY OF CHUlA VISTA , , SUBJECf: Graffiti Eradication POLICY EFFECfIVE NUMBER DATE PAGE 1 of 2 I ADOPTED BY: I DATED: PURPOSE To establish a policy and procedure for eradicating graffiti in a timely manner on City Parks and Recreation facilities, POLICY To remove graffiti on City Parks and Recreation facilities within a time period of seven days after reported. I SCOPE OF RESPONSIBILITY The City has four Departments that are responsible for the removal/ painting of graffiti within 7 working days, The areas of responsibility for each unit are: a, PARK MAINTENANCE DIVISION: responsible for removal/ painting of graffiti on all park amenities, park hardscape areas and park restrooms, Contact: Parks Division b, CONSTRUCTION AND REPAIR: responsible for painting over graffiti on all City buildings including all recreation buildings, Contact: Construction and Repair e. PUBLIC WORKS: responsible for removal/painting of graffiti on all public streets, sidewalks, drainage culverts, Open Space areas, ete. Contact Person: Public Works· Traffic Painting d, POLICE DEPARTMENT: A Graffiti Removal Unit comprised of court referrals will paint out any structure, public or private when requested, Contact Person: Graffiti Program PROCEDURE All Parks and Recreation employees have the responsibility to report any graffiti on City Parks and Recreation faci lities to their immediate supervisor as soon as it is discovered, In addition to Parks and Recreation faci lities, it shall be this Department's responsibility to remove graffiti on curbs and sidewalks adjacent to Parks and Recreation facilities, , I Staff shall complete a Graffiti Report (R·1112), with all the relevant information, a, I b, Staff shall submit copies of the graffiti report to their immediate supervisor for disposition, If graffiti has not been eradicated within 7 working days by the responsible department, resubmit form R-1112 and write "2nd Notice", /.5-- ? ______.~___._._,_._____,."._..__,._____.___..__'m"____~____._ COUNCIL POLICY CITY OF CHULA VISTA SUBJECf: Graffi ti Eradication POLICY EFFECI1VE NUMBER DATE PAGE 2 of 2 ADOPTED BY: I DATED: Once the forms have been submitted to a Parks and Recreation supervisor, the supervisor shall contact the appropriate Department as specified under Scope of Responsibilities, RESPONSIBILITY FOR YOUTH LEAGUE FACILITIES There are youth league facilities located at Eucalyptus Park, Greg Rogers Park, Rienstra Park and Discovery Park. Leagues are responsible to eradicate graffiti on their facilities within seven days of notification, If graffiti on Youth League facilities is not eradicated after seven working days, park staff will paint facilities and submit a time and material report to the Park Supervisor to bill the responsible Youth League Organization. If a league is not responsive to the Graffiti Abatement Policy, the Department may withdraw playing privileges on City parks, This action shall only occur when all efforts to work with the delinquent league has been exhausted. In the case of leagues with limited resources, the Department will serve as a facilitator to link financial or material resources to the league in need. A:VERRY\GRFJTI,93 If/V' .-------" --,-,--..-----,-,.---------."'.------."--------- COUNCIL AGENDA STATEMENT /¿, Item Meeting Date 1/18/94 TITLE: REPORT Update on Solid Waste Issues RESOLUTION / ?.3 ¿. 8" Approving Third Amendment to Interim Solid Waste Participation Agreement Under Protest and With Full Reservation of Rights to Seek a Judicial Determination That Said Agreement is Illegal and that City's Consent was Obtained Under Protest , lV SUBMITTED BY: Deputy City Manager Kremplp ~~' Principal Manageme~sistant Snyde REVIEWED BY: City Manager..l¡ ~ ---z /Sths Vote: Yes_ No-L) 12/16/93, On the Interim SOlld Waste Commission unanimously approved the Third Amendment (Attachment A) to the Interim Solid Waste Participation Agreement. This amendment allows the Cities of Escondido and Oceanside to join the Interim Commission, incorporates the previously relied-upon "bonding opinion" of County Counsel (known as the "Harmon-Eckis opinion") into the Agreement, and clarifies that a surcharge will not be charged on the second fifty percent of a jurisdiction's wastestream. All City Councils represented on the Interim Commission were requested to take action approving the Third Amendment on or before 1/21/94. RECOMMENDATION: Approve resolution, noting protest statement consistent with that registered with City's approval of Second Amendment to the Interim Solid Waste participation Agreement on 8/27/93. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The staff recommendation is to approve the Third Amendment under the same statements of protest which were made at the time of the previous approval. In general, the intent of the amendments can be supported by the City. With these changes, the document moves in a direction consistent with the City's position. For full regional participation, it is desirable to have both Escondido and Oceanside seated on the Commission. It is also advantageous to have the "Harmon-Eckis opinion" written into the Agreement. As Council might recall, the "Harmon-Eckisll language opined that if cities did not agree with the permanent form of governance, they could withdraw and take their earlier flow commitment with them provided the County had not issued bonds (an action requiring a majority vote of the Interim Commission). /¿, ./) ._.._.,._.__...._.._.--_.~- .' ......-.--... ..-...-.- -, ._~---_. ...----...--..- ,.-. Page 2, Item /iø Meeting Date 1/18/94 The City had previously argued that the language of the Agreement did not support the opinion, and the proposed amendment will correct that ambiguity. Finally, changing the Agreement to delete a surcharge levied on the second fifty percent of the uncommitted trash flow is also a positive step. However, there are two additional comments from staff regarding clarification of the proposed language in the attached Amendment: l. Bond Issuance Item #2 on the Third Amendment states that language will be added to the Section 3.8 to ensure that flow commitments will revert to a member agency on May 31, 1994, "unless by that date a majority of the Interim Commission has recommended and the County has issued ... solid waste facility bonding...". In light of the recent challenges made about the effective date for paying facility and mitigation fees, it could be important to clarify when bonds are actually determined to have been issued. It is the City's understanding that the bonds would be issued when they are sold by the County, as is the industry's interpretation. 2. Date of Determination of Permanent Governance Item #3 adds the issue that a surcharge would not be charged on the uncommitted fifty percent of the wastestream until the final governance is determined, then adds the date of 5/31/94. Although that date is the current expiration of the Interim Agreement, the actual determination and implementation of the permanent governance may not take place until after 5/31/94. It is the City's understanding that a surcharge will not be levied until the permanent form of governance is in place, and all efforts are being made for that to take place by 5/31/94. Staff will be raising these issues for clarification through the City's Interim Commission representative at the next Commission meeting on 1/13/94. An oral report on the outcome will be given at this meeting of the City Council. FISCAL IMPACT: None as a result of this action. /~~;¿ ~'-"'-'-'-----".._._._.,._,- , -.--- RESOLUTION NO. /73~ff' A RESOLUTION OF THE CITY OF CHULA VISTA AP- PROVING AN AMENDMENT TO THE SOLID WASTE INTERIM AGREEMENT IN RELIANCE ON CERTAIN REPRESENTATIONS AND OPINIONS OF THE COUNTY, UNDER PROTEST AND WITH FULL RESERVATION OF RIGHTS TO SEEK A JUDICIAL DETERMINATION THAT SAID AGREEMENT IS ILLEGAL AND THAT CITY'S CONSENT WAS OBTAINED UNDER DURESS WHEREAS, the Board of Supervisors ("Board" ) of San Diego County ("County") has resolved that authority over the operation of the Solid Waste Enterprise System should be turned over to an en- tity which is yet to be established but which may be composed of most of the cities in the County of San Diego ("Cities") ; and, WHEREAS, the Board had tendered to the cities an agreement entitled "Agreement By, Between and Among the County of San Diego and the cities of the County Establishing an Interim Solid Waste Commission and Providing for the Disposal of Solid Waste ('Interim Agreement')" which title is preceded by the notation "Approved by Steering Committee, 11 May 1993, Amended for Signature by Any or All cities" which agreement is herein referred to as the "First Amended Interim Agreement,,1; and, WHEREAS, the Board had thereafter tendered an amendment by letter from the Office of the County Counsel dated July 28, 1993 and signed by Lloyd Harmon, County Counsel ("Harmonn) , and Steve Eckis, City Attorney, City of poway ("Eckis"), to the First Amended Interim Agreement, which amendment is entitled, and shall herein be referred to as the "Second Amendment to Interim Agreement"; and, WHEREAS, the Second Amendment to Interim Agreement provided, among other things, that the County will not issue the bond l. The first and original agreement was signed by some but not all of the cities, and as ,a result of failing the unanimous signature condition precedent imposed therein, it was never effective. The "First Amended Interim Agreement" was in fact the original binding agreement. 1 /tf; -J ..-- -..---..---.-..--...------<------.... ....-..- _._---.-.- financing referenced in the Interim Agreement, as amended, prior to June 1, 1994 without the majority vote of the members of the Interim Commission; and, WHEREAS, the Board had approved, by its resolution dated August 25, 1993, the inclusion of the Second Amendment to Interim Agreement in the First Amended Interim Agreement; and, WHEREAS, the First Amended Interim Agreement as amended by the Second Amendment shall, by reading same together, hereinafter be referred to as, and shall constitute, the Second Amended Interim Agreement; and, WHEREAS, the County had threatened to, and in fact has imposed, as a punitive sanction in order to coerce the consent of the cities in general, and the City of Chula Vista in particular, to the Second Amended Interim Agreement, a surcharge on the tipping fee charged for dumping trash generated by residents and citizens of those cities whose councils have refused to sign for such period of time that they continue to refuse to sign; and, WHEREAS, the Chula Vista city Council felt coerced to consent to the terms of the Second Amended Interim Agreement to avoid the economic pressure of the penalty surcharge that the County is unfairly imposing on its residents and citizens; and, WHEREAS, in the absence of the penalty surcharge, the City of Chula Vista would not have' signed the Second Amended Interim Agreement; and, WHEREAS, because of the coercion of the penalty surcharge, City Council, pursuant to the provisions of Resolution No. 17233, adopted August 27, 1993, authorized and directed the execution of the Second Amended Interim Agreement solely for the purpose of avoiding the penalty surcharge but did so under duress and protest, and did not intend, by the adoption of said Resolution No. 17233, to surrender or waive any and all rights city may have to continue to legally challenge the validity or legality of such agreement, or to subsequently assert as a defense thereto the economic coercion of the County upon the City and Cities; and, WHEREAS, at the time Council approved Resolution No. 17233, Harmon and Eckis had opined ("Harmon/Eckis Opinion") for the benefit of the Cities, including the City of Chula vista, in a letter opinion dated July 28, 1993, signed by both of them and distributed to the Cities, that the Second Amended Interim Agree- 2 /t - Lj ..__..__.~--_.__._-_._. --"---- ~ ment provided the City can object to the form of the permanent gov- ernance structure that will control the County's Solid Waste System ("Permanent Governance"), and unless the city has agreed to the Permanent Governance by May 1, 1994, the City's flow shall revert to the city unless certain described bonding has issued upon the recommendation of the Interim Commission; and, WHEREAS, at the time Council approved Resolution No. 17233, Board was aware of the Harmon/Eckis Opinion and had not objected to its provisions, and had in fact, by representations made by their members, induced Cities to rely on same in order to secure their signature to the Second Amended Interim Agreement; and, WHEREAS, in joining under protest by approvind the Second Amended Interim Agreement, the City was, in part, relying on the Harmon/Eckis Opinion as a representation of the County in taking its action authorized by Resolution No. 17233, and in the absence of such representation/opinion, City would not even be willing to take the risks of joining the Interim Commission under protest as herein authorized; and, WHEREAS, City, with the understanding that they were joining under protest, was relying on the representation that the following matters ("Representations re Priority") will be given the highest level of priority as per the amended agreement: A) Alternative forms of permanent governance will be comprehensively reviewed and impartially analyzed; and, B) A full range of subregional disposal alternatives will be explored and considered; and, C) The operation of existing facilities including NCRRA will be examined and considered for modification or termination; and, D) Tipping fees and their uniformity will be reviewed; and, E) Host agencies such as Chula vista and San Marcos will be paid facility fees defined in the Interim Agreement; and, F) Affected agencies such as Santee will be paid mitigation fees defined in the Interim Agreement; and, WHEREAS, City, in joining under protest, relied on the representation of the County, also contained in the Second Amended 3 /¿;~ .----'----.---.--.---.--..-.--,-- '--'_._~---"~--..--..--...,..----- Interim Agreement, that Chula vista will receive the Host Fee for the Otay Landfill ("Representation re Host Fee"); and, WHEREAS, since the passage of Resolution 17233 and Chula Vista's joining the Interim Commission under protest, the County has tendered yet another amendment referred to by the county as the "Third Amendment" to the Second Amended Interim Agreement by which (1) cities which had not yet joined could do so without penalty by January 21, 1994; (2) incorporates the Eckis/Harmon Opinion into the formal agreement; and (3) defers until governance determination, the threat of the illegal and unconscionable surcharge on trash which a city may have not yet committed for disposal at County landfills beyond the first 50% of their flow; and, WHEREAS, the City of Chula Vista, in the adoption of this resolution, remains under the threat of coercion that failure to approve the Third Amendment, or a substantially similar version thereof, will constitute a basis for the reimposition of the surcharge on their trash flow, and adopts this resolution in reliance on the Representations re Priority and Representation re Host Fees set forth above, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby object to the terms, risks and provisions of the Second Amended Interim Agreement as amended by the Third Amendment, but due to the economic duress to execute same to avoid the continued imposition of the penalty surcharge on the dumping at the County landfills of trash generated within Chula Vista, does take the following action under duress and protest and does not intend hereby to surrender or waive any and all rights city may have to continue to legally challenge the validity or legality of such agreement, or to subsequently assert as a defense thereto the economic coercion of the County upon the city and Cities. SECTION 2. The City Council does hereby authorize and direct, under duress and without its voluntary consent, the Mayor to execute, upon 4 /¿,-¿, . - _._--~---,_._,-_._.~,.._-,.._._--~ -"'.-.--.- ,.--.---- presentation by the County or preparation by the City Attorney, an amendment of the Second Amended Interim Agreement which does the following: (1) Amends section 2.1 to read: nThis Interim Agreement shall take effect as of June 22, 1993, by, between and among the COUNTY and any of the cities listed on Attachment A as have executed this document on or before January 21, 1994." (2) Adds Subsection (c) to section 3.8 to read: "All flow comm¡tments made by a member agency shall revert to that member agency on May 31, 1994, if that city has not agreed to the permanent form of governance, unless by that date a majority of the Interim Commission has recommended and the County has issued the solid waste facility bonding described in section 3.8(a) (1) of the Agreement; in which event, only that flow committed to the the Interim Commission shall revert to such city." (3) Section 1.4 is added to Part 1 to read: "Notwithstanding section 1.2.a., a surcharge will not be charged on the uncommitted second fifty percent of the wastestream which is disposed of at county landfills by cities that have signed the Interim Agreement, until the form of governance is determined. ,,2 SECTION 4. The City continues to retain its right to assert and litigate the invalidity of the provision of the Second Amended Interim Agreement even as same may be modified by this action, and does hereby protest any attempt to impose saïd surcharge. SECTION 5. city Council reappoints Councilmember Jerry Rindone as the City's representative to the Interim Commission, and Councilman Bob Fox as 2. This differs slightly from the County tendered version by omitted the date certain: May 31, 1994, since it creates an ambiguity as to when the surcharge is deferred until. 5 /~-? M."_' __Un.....___·.. -.---.....--......-...- - - -- _...._,---_._--,.._"._~-------_.,-- .-- the City's alternate representative to the Interim Commission. SECTION 6. The City Attorney continues to be relieved from any duty to opine that the Second Amended Interim Agreement is a legally binding and a valid obligation of the City. To the extent same may be necessary to comply with the contract, city will determine if alternate counsel is available to issue such opinion. pr..e ed bYC by: but thout, he! , ¡ \ Bruce M. Boogaard City Attorney 6 /6-~ -------.-...-- - - ..- --...~._._~--_. _.-. ---~--_.._,-_.._-~...__.._.,-- .---..-- 12/22/93 THIRD AMENDMENT TO Attachment A AGREEMENT BY. BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ("INTERIM AGREEMENT") Whereas, the INTERIM AGREEMENT was entered into by and between and among the Member Agencies, to take effect June 22, 1993 it was thereafter amended on two occasions; and Whereas, on December 16, 1993, the Interim Solid Waste Commission unanimously approved a third amendment to the INTERIM AGREEMENT; NOW. THEREFORE. the undersigned entities agree to the terms of the INTERIM AGREEMENT, together with the first and second amendments, which are incorporated herein by this reference. Further, the undersigned entities agree to the following amendments to the INTERIM AGREEMENT: 1. section 2.1 is amended to read: This INTERIM AGREEMENT shall take effect as o~ June 22, 1993, by, between and among the COUNTY and any of the Cities listed on Attachment A as have executed this document on or before January 21, 1994. 2. Subsection (c) is added to section 3.8 to read: All flow commitments made by a member agency shall revert to that member agency on May 31, 1994, if that city has not agreed to the permanent form of governance, unless by that date a majority of the Interim Commission has recommended and the County has issued the solid waste facility bonding described in Section 3.8(a) (1) of this Agreement; in which event, only that flow committed to the Interim Commission shall revert to such city. 3. section 1.4 is added to Part 1 to read: Notwithstanding section 1.2.a. a surcharge will not be charged on the uncommitted second fifty percent of the wastestream which is disposed of at County landfills by cities that have signed the Interim Agreement, until the form of governance is determined (May 31, 1994). In witness whereof, the parties have signed this Agreement as of the dates setforth. Date: By: MAYOR Attest: CITY CLERK / ¿; ~c; ". .. ..--.---..--------.-.-------...-.-----------..------ 12 /22/93 THIRD AMENDMENT TO Attachment A AGREEMENT BY. BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ("INTERIM AGREEMENT") Whereas, the INTERIM AGREEMENT was entered into by and between and among the Member Agencies, to take effect June 22, 1993 it was thereafter amended on two occasions; and Whereas, on December 16, 1993, the Interim Solid Waste Commission unanimously approved a third amendment to the INTERIM AGREEMENT; NOW. THEREFORE. the undersigned entities agree to the terms of the INTERIM AGREEMENT, together with the first and second amendments, which are incorporated herein by this reference. Further, the undersigned entities agree to the following amendments to the INTERIM AGREEMENT: 1- Section 2.1 is amended to read: This INTERIM AGREEMENT shall take effect as o~June 22, 1993, by, between and among the COUNTY and any of the Cities listed on Attachment A as have executed this document on or before January 21, 1994. 2. Subsection (c) is added to Section 3.8 to read: All flow commitments made by a member agency shall revert to that member agency on May 31, 1994, if that city has not agreed to the permanent form of governance, unless by that date a majority of the Interim Commission has recommended and the County has issued the solid waste facility bonding described in Section 3.8(a) (1) of this Agreement; in which event, only that flow committed to the Interim Commission shall revert to such city. 3. Section 1.4 is added to Part 1 to read: Notwithstanding Section 1.2.a. a surcharge will not be charged on the uncommitted second fifty percent of the wastestream which is disposed of at County landfills by cities that have signed the Interim Agreement, until the form of governance is determined (May 31, 1994). In Witness whereof, the parties have signed this Agreement as of the dates setforth. Date: By: 1> b /'JOT SitS:: tJ MAYOR Attest: CITY CLERK COUNCIL AGENDA STATEMENT Item /; Meeting Date 1/18/94 ITEM TITLE: Report on review process for completion of Draft Clean Water Program Multiple Species Conservation Program (MSCP) and Appointment of Members to Local Jurisdiction Policy Committee fit SUBMITTED BY: Director of Planning REVIEWED BY: City Managerq~JI' (4/5ths Vote: Yes_NoX) In conjunction with implementation of the San Diego Clean Water Program, the City of San Diego has been coordinating the preparation of a Multiple Species Conservation Program to mitigate the environmental impacts of sewerage system expansion within the region, The Chula Vista City Council received a status report on this program on August 24, 1993 and approved a "Resolution of Intention" to cooperate in the completion of this plan at that time (see attached Council agenda statement), The purpose of this report is to describe the current status of this effort and forward a recommendation to the City Council regarding a proposal for completion of a final draft MSCP plan, RECOMMENDATION: That Council concur with the establishment of a "local jurisdiction policy committee" to conduct a review of the working draft Multiple Species Conservation Program, and to appoint one or two representatives to this committee, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The attached Council Agenda Statement, dated August 24, 1993, provided information regarding the purpose of the proposed MSCP, the status of the effort, and issues which were under consideration at that time, Since August, the MSCP Working Group, which is a technical committee including staff from the resource agencies, local jurisdictions, major property owners, and environmental groups, (see attached membership list) has continued to work with the planning consulting team to resolve the identified issues, and formulate a final draft plan, A "working draft" MSCP plan, completed in December, included four alternative "preserve planning scenarios," ranging from one alternative which protects only coastal sage scrub habitat to others which protect a wider range of species, In addition, various financing strategies have been analyzed, and economic impact analyses have been performed on certain alternatives, /7-/ -_.~-- "...~........_-,. .._--_.~.,~..,-_._"._-_. Page 2, Item j 7 Meeting Date 1/18/94 On January 5, 1994, the MSCP working group met to review the "working draft" plan. At that meeting, the working group determined that it would be beneficial to create a "local jurisdiction policy committee," with elected official representatives of each of the major land use jurisdictions located within the MSCP planning area, to review the working the working draft MSCP plan, and to provide policy direction to staff and the consultants in the formulation of a [mal draft plan, The major land use jurisdictions which would be represented are the City of San Diego, County of San Diego, City of Chula Vista, Santee, and Poway, These particular jurisdictions were selected because they include the vast majority of land containing sensitive habitats, The policy committee would be requested to review the analyses and conclusions contained in the working draft and to attempt to formulate a "fifth alternative" preserve planning scenario, which would reflect local land use and economic considerations of the affected jurisdictions in an equitable manner. The Working Group felt that this committee should be assisted by a technical committee made up of the MSCP consulting team as well as staff representatives from local jurisdictions who have participated on the MSCP Working Group, On January 7, the City of San Diego sponsored a meeting at which the city managers of Chula Vista, Poway, and Santee, the Deputy Chief Administrative Officer of the County and their staffs were invited to discuss the Working Group proposal to form a local jurisdiction policy committee. At that meeting, the local jurisdictions agreed with the overall approach suggested by the Working Group, It was recommended that each jurisdiction be authorized to appoint one or two elected official representatives to this policy committee, It is expected that both the City of San Diego and County of San Diego will appoint two members; however, each jurisdiction is being given the option of selecting one or two members. It was also agreed that the committee should be requested to meet every two to three weeks in order to move forward as quickly as possible through this process, The Clean Water Program staff has requested that this review be completed by early April, in order to meet a November 1994 deadline imposed by EP A for completion of this plan, Our staff is supportive of this overall approach, and would intend to provide staff support to the City's representatives on this committee, However, while we are aware of the need to move forward to resolve these issues expeditiously, we do feel that the proposed schedule is very ambitious, Therefore, we would recommend that the policy committee request Clean Water Program staff to prepare a timetable and list of tasks to be completed by the policy committee, in order to evaluate the feasibility of meeting the established deadlines, It is anticipated that the first meeting of the policy committee would be held during the week of January 24, /7~2 ..,. ------_.._~.._...._-,.__.__..._---~-----_. Page 3, Item /7 Meeting Date 1/18/94 FISCAL IMPACT: Because of the expanded level of effort which will be required for City staff to participate in the completion of the draft Plan, staff is pursuing the feasibility of charging eligible costs to an appropriate sewer fund account related to the Clean Water Program, Staff will report back to the City Council once this analysis is complete, Attachments: Council Agenda Statement dated August 24, 1993 ~ MSCP Working Group Membership List ~O~~ WPC F:\home\planning\1566.94 } 7-;1 /11- /0 -"-.--...-.......-......- ._----~._....._.._.__.~_._-----_._---_._~--- ATTACHMENT MSCP WORKING GROUP MEMBERSHIP 1. Karen Scarborough, City of San Diego Mayor's Office Chair 2. James E. Whalen, Newland California Vice-Chair 3. Craig Adams, Sierra Club 4. Karen Bartelt-Adams, Citizens Coordinate for Century 3 5. Mary Lee Balko, City of San Diego 6. Cameron Barrows, The Nature Conservancy 7. Jerry R. Boggs, Naval Facilities Engineering Command 8, Rob Cameron, The Baldwin Company 9. Constance Clover-Byram, McMillin Communities 10, Diane B. Coombs, San Dieguito River Park Joint Powers Authority 11. Larry L. Eng, California Department of Fish and Game 12. Leonard S. Frank, Pardee Construction Company 13. Niall Fritz, City of Santee 14. Nancy Gilbert, U.S. Fish and Wùdlife Service 15. Joel Haven, CalTrans 16. Kevin Knowles, The Trust for Public Lands 17. Robert Leiter, City of ChuJa Vista 18. Michael Mclaughlin, San Diego Association of Governments 19. Dennis Moser, Alliance for Habitat Conservation 20. Jim Nessel, City of Poway 21. Philip R. Pryde, Audubon Society 22. Larry Purcell, County Water Authority 23. Anne Rast, County of San Diego 24, Robert Robenhymer, San Diego Metropolitan Transit Development Board 25. Don Rose, San Diego Gas & Electric 26, Tom Sheffer, Construction Industry Federation 27. Daniel Silver, Endangered Habitats League 28. William D. Toone, San Diego Wild Animal Park 29, William Witman, San Diego County Farm Bureau CJ:w...........) """ / 7/1 ----~ -~----- ---- -- _____u .' ~''ì , COUNCn. AGENDA STATEMENT . Item _ ,Meeting Date 8/24/93 ITEM TITLE: Public Hearing - Consideraûon of a Resoluûon of Intention (ROI) to cooperate in the preparaûon and possible adopûon of the Clean Water Program Mulûple Species Conservaûon Program (MSCP) Resoluûon Approvins the non-legally binding provisions of the Resolution of Intention on the City of San Diego Multiple Species Conservation Program (MSCP) Plan SUBMI'HJ!;D BY: Director of Planning 1Jf REVIEWED BY: City Manager (4/5tf1s Vote: Yes_No.,XJ , In conjunction with implementation of the San Diego Clean Water Program, the City of San Diego has been coordinating the preparation of a Multiple Species Conservation Program to mitigate the ~nvironmental irilpacts IJf sewerage system expansion within the region. A 'Resolution of Intention (ROI) bas been develÇ>ped for approval by the twelve local jurisdictions wiÌhin the MSCP study area, includmg the City of Chula Vista. The ROI addresses continued participation in the development and possible adoption of an MSCP Plan by identifying a schedule, resplJnsibilities, voluntary acûons, and the contents of a fmal Plan. The fonowing report provides further information regarding the MSCP, the proposed ROI, as wen as comments that have been received from interested groups regarding the proposal. RECOMMENDATION: That Council approve the proposed Resolution of Intcnûon. BOARDS/COMMISSIONS RECOMMENDATION: None . DISCUSSION: , -- In 1991, the joint Environmental Impact ReportIEnvironmental Impact Stavmen1 for the Clean Water Program was approved by the City of San Diego and the U. S. Envïronmental Protection Ageœy, In order to mitigate the secoDdary effects of growth induction reSulting from additional sewage capacity, created by the Clean Water Program, the Final EIRlES C()fttRi.....d a requirement to mitigate these ~ffects through the creation of a Multiple Species Conservation Program, As stated in the Final EIRIEIS, "Mitigation of secoDdary iIí1paI:ts for the Clean Water Program involves deation of a Multiple Species Conservation Program (MSCP) to be adopted aDd implemented in componeDt parts focusing initially on a Coastal Sage Scrub preservation element. Additional elements would add habitats and/or species incrementally to the MSCP." The EIRlES also indicated that the MSCP could be used to mitigate the direct impacts of 'J7~Þ -/- ,--~. .-.~-,- ".__.._.....__.-._--_..~-_.,._~- -- - - - - --- - , . -"--.--- . Page 2, Item Meeting Date 8/24/93 constrUction of Clean Water Program faciliûes (i.e., removal of sensiûve habitats during constrUcûon of sewer faciliûes). The Clean Water Program ElRlEIS further clarified the purpov. of the MSCP as follows: "The purpose of the MSCP' is to develop a program principally designed for the conservaûon of federal1y endangered, threatened, or key candidate species and/or habitats (collecûvely called , "MSCP species") within the Metropolitan Sewage System Service Area (MSSSA) of the Clean Water Program. For example, one part of the MSCP would focus on the California GDatcatcher and the conservaûon of Coastal Sage ScrÍ1b-. The program would be designed to provide a network of managed lands whicl) conserve habitat ¡md provide for wildlife movement on a large scale. The network of managed lands is intended to maximize and enhance the opportuniûes for conservaûon. The program will attempt to integrate the conservaûon goals of the U, S. Fish & Wildlife Service, the City of San Diego, and all other interested agencies. It will provide recommendations fOr management strategies for protecting biological R:sources, including the - acquisiûon of lands. It will describe the optimal means for fmancing the program, so that the likelihOod of its implementation will be maximized. " Pursuant to this requirement, in July 1991, the City of San Diego began work on the Clean Water Program Multiple Species Conservaûon Program. A consultant team was hired by the City of San Diego to coordinate preparation of the Plan, and a working group was created, which included representatives of major property owners, environmental groups, the U.S. Fish and Wildlife Service (USFWS), California Department (If Fish and Game (CDFG), and other public agencies affected by the Plan. The Director of planning for the City of Chula Vista has participated on this working group. - The iniûal work in the MSCP has included mapping of existing and pla.nncd land uses, types of vegetation, and ownership for the MSCP study area. In addition, a series of issue papers have been prepared, which discuss various aspects of planning and implementing a Multiple Species Conservaûon Plan. In addiûon, a draft set of biological standards and guidelines for preserve planning has been prepared. There are cutrently additional Studies which are being prepared which will be incorporated into the draft MSCP Plan. These Studies include economic and land use analyses of several MSCP preserve planning alternatives which are c:unently UDder discussion. - At this point, there seems to be an overal1 consensus ôn the MSCP Working Group that the MSCP Plan will need to be a generalized "framework" plan at the regional level, to be implm>..nœd at the local or "subarea" level through local Gei1eral Plans and policies. This is limitA1' to the approach which has been taken in San Diego County in the Regional Growth Management Sttategy cteveloped through SANDAG. However, there is still not consensus on many other issues related to the format and content of the MSCP Plan, Several of these issues ile discussed later in this report. ) 7-?' -~- - --- -. - . Page 3, Item Meeting Date Ø/24/93 Resolution of Intention In early 1993, the MSCP Working Group agreed to prepare a Resolution of Intention that would be brought forward to the elected officials of all of the local jurisdictions which are participating in the tdSCPplanning process. The purpose of this Resolution of Intention is to acknowledge the process which is currently underway with regard to the MSCP Plan, and to solicit continued cooperation' from local jurisdictions in the completion of a draft Plan and consideraûon of adoption and implementation of this Plan by local jurisdicûons over time. It is understood that modificaûonS can be DlIIde by individual jurisdicûons in ~optiJ1g the proposed ROI. In . ciicu1ating 'the ROI, the City of San Diego is not seeking any contractual agreements at this point, rather they are seeking a statement of intent by the affected jurisdicûons that they are in basic agreement with the goals of the MSCP and understand and are willing to participate in the Plan's continuing process. It is important tó note that this Resolution of Intention is not legally binding on any party , nor will it preempt any jurisdiction's regulatory ot- discreûonary land use authority . The draft Resolution of Intenûon includes 18 proposed "points of agreement," which can be categorized as follows: 1) Completion of draft Plan Points 1 through S of the resolution address public agency participaûon in the preparation and review of the draft MSCP Plan. 2) Interim Development Review Points 6 and 7 of the resolution address interim land use plRnni'lg and preservation activities during the periOd in which the draft MSCP plan is beiDg completed and is under review. Point 7 has been aJDelIded by the City of San Diego, in response to comments from the Alliance for Habitat Conservation, (see letter from Alliance, dated June 28, 1993) to clarify how draft information from the MSCP plan is to be utilized, and to emphasize that such informaûon should be considered as "draft in nature" until . ' it is ultimately approved by local jurisdictions. 3) Local Review, Adoption, and Implementaûon of MSCP Plan , Points 8 through 18 of the resolution address the process for final review and possible . adoption of.the draft MSCP plan by the Clean Water Propm and local jurisdicûons. . In addition, this section inc1udés a disi;ussion of ~ 8CÛOns which could be taken by local jurisdicûons to implemimtthe MSCP Plan, including the adoption of subarea plans, implementation agreements between local jurisdictions and the USFWS and CDFG, /7-7 -3- .----....-- ---_.,.~...- .-.... - -...-------.... --.....--.-.--...-...,..-- ------- - , . . '. . Page 4, Item Meeting Date 8/24/93 establishment of entities to acquire and mAintAin preserve lands, and long-term fnnding '. and financing programs. Analysis AB noted earlier, 0\11' staff has participated in the formulation of the proposed Resolution of Intention, and feels that it is important for the various participants in this plAnning effort to aèhieve a general consensus on the points addressed in the resolution prior to moving further into the completion phase of the draft MSCPPIan. It is our underst8J1ðing that the revised language in the current draft ROI addresses the major concerns of the Alliance for Habitat Conservation pertaining to interim development review, and that the revised language is acceptable to all other participants in the MSCP Working Group, including the EndAngered Habitats League. Therefore, staff would recommend that the City Council' approve the draft Resolution of Intention as presented. . RelationshiD to Other Habitat Planninl! Pro\!I'ams In addition to our partiCipation in the MSCP planning effort, the. City of Chula Vista has also , " enroUedin the State's Natural Community Conservation Program (NCCP), which is directed primarily at habitat conservation planning for coastal sage scrob habitat (which is the primaIy habitat of the California gnatèatcher and other sensitive species). The importance of the NCCP program was highlighted when, in March of this year, the CiIifornia gnatcatcher was listed as a threatened species by the USFWS. AB part of its proposed listing and aècompanying "special role," the USFWS proposed to allow local jurisdictions to obtain local control of development permits in areas affected by the þtcåtcher listing through the adoption of NCCP plans, which are approved byUSFWS and CDFG. The City has had ongoing discussions with staff from the County of San Diego and several' major property owners and public agellCies regarding a cOoperative effort to develop a "South County NCCP" which would address both eastern Chula Vista and adjoining County territory. - The final listing and proposed "special rule" for the California gnatcatcher, along with fmal draft NCCPConservation Guidelines and Process Guidelines, were released last month for final . Ì'cview and comment, and are cuÍtently being reviewed by City staff. Following idÒption of the final "special role" and NCCP guidelines, which is expected in September, staff will return to ' the City Council with speciflCrecommendations regarding preparation 'of an NCCP plan for Chula Vista, It should be noted that the MSCP program has been recognized as an "Ongoing Management Plan" upder the NCCP Program. , This means that the biological information being developed in the MSCP at the regionalleveI can be utilized in the preparation of NCCP plans, and that the overall MSCP "framework plan" could facilitate the preparation and adoption of local subarea plans which would meet the requirements of the NCCP program. This will allow local J7~Y -4--- ~ ~- - - , Page S, Item Meeting Date 8/24/93 jurisdictions to retain land use authority, while benefitting from the regioual biological studies and preserve planning efforts which are cicc:uIrlng thÌ'augh the MSCP program. futurePlanninl!1œIa While there appears to be consensus that an MSCP "framework plan" and the various plannillg , . and biological studies that accompany it will be beneficial in providing a coordinated and cost- ,effective approach to habifat planning within the study uea. there are a munber of signif1C8D1 unresolved issues which are currently being discussed in the course of preparing a tiDal draft MSCP Plan. The following is a brief snmmary of those issues. 1) Level of Specificity of the Framework Plan One major issue is whether the MSCP Plan should contain onty written performance staµdards and. guidelines for future preserve design by local jurisdictions. or whether the plan should also contain preliminary preserve boundaries for the entire MSCP study area. Those arguing in favor of preliminary preserve boundaries feel that without such boundaries. there is likely to be inconsistency among locally adopted subarea plans. and that certain key biological areas will notbe included within.tlle preserve. Those arguing , against such boundaries feel ' that ill decisioÌ1S regarding preserve boundaries should be . made at the local level. ind that it would be very difficult for all the affected jurisdictions to reach consensus on a proposed preserve boundary through the MSCP planning and decision-making process. 2) Multi-species versus Coaltal Sage SCNb Focus Another major issue is whether the draft MSCP Plan should address all of the sensitive habitats within the MSCP study area. or whether the Plan should focus initially only on coastal sage scrub habitat. Those arguing in favor of a multi-species approach feel this approach is necessary because all"parts of the ecosystem are interrelated, and that focusing protection efforts on one habitat could ~y put greater development pressure on other sensitive habitats (see letter from F.ndangered Habitats League. dated August 2, 1993). Those arguing in favor of a coastal sage scrub focus feel that a plan that addresses all sensitive habitats may beeconomical1yinf~ibleto accomplish, and is not required UDder the Federal mandate related to the Cl~ Water Program (see letter from ConstrUCtion Industry Federation, dated July 12, 1993). It should be noted that the econòmic analysis currently being performed by the MSCP consultant team is evaluating the economic impacts of these two alternative approaches. . ) 7-1 .-5.- --- ----.-...--.-- .,..' --.-------------.------,--.-------------.-- _.~--~ - - __H_'..__ - . . , " . Page (i, Item Meeting Date 8/24/93 3) Process for interjurisdictional review of draft plan There has not been a process established for interjurisdictional policymaker-Ievel review of the draft MSCI' Plan, or of potential revisions to the draft Plan which come out of public review and local agency review of the draft Plan. Asa comparison, when the SANDAG Regional Growth Management Strategy was prepared, it was reviewed by both a tecimical committee ~ the SANDAG Board of Directors prior to being released for review by the public and by the local jurisdictions. Once comments were received from the public and ,local jurisdictions, the responses were again referred back to the SANDAGBoard of D~rs prior to release of the final Plan for local adoption. The Clean Water Program staff has not established any process for interjurisdictional review at the policy level. . 4) Schedule The current schedule calls for a draft MSCp Plan to be released in Qctober, and a final Plàn to be adopted in January 1994. clean Water Program staff have indicated that this January date is mandated, and cannot be extended. Several participants in the Working Group have questioned the feasibility of meeting this deadline, given the number of unresolved issues and the need for extensive public review. Summarv Staff is recommending that the City Council approve the proposed Resolution of Intention for the Clean Water Program MSCP. Based on such action, it would be our intent to continue to participate on the MSCP Working Group, and to keeP the City Council informed regarding the status of resólution of the issues which are outliI1ed above, as weD as other issues which may arise prior to the completion of the draft MSCP Plan. In addition, staff will return as soon as possible with a proposed work program for development of a NCCP Plan for the Chula Vista General Plan Area. . FISCAL IMPACI': Not applicable. ' -. . ~.al13) /7"/& - (,.. . , ~ ~ ¡ CITY OF SAN DIEGO VERSION 7/9/93 . . Resolution of Intention on the Multiple Species Conservation Program Plan Introduction This Resolution of Intention (ROI) has been developed for approval by the twelve (12) local jurisdictions of government within the Multiple Species Conservation Progrnm Plan Study Area and is being circulated concurrently for their consideration. The ROI expands upon a voluntary commitment by local jurisdictions to participate in development of an MSCP Plan by identifying a schedule, responsibilities, voluntary actions, and the contents of a final Draft Plan. The ROI also states that local jurisdictions will consider adoption and im,plementation of ~e MSCP Plan when it is completed. This Resolution of Intention is prepared in response to the need to proceed cooperatively to address the San Diego area's historic and future habitat loss and consequent endangerment of animal and plant species. The ROI acknowledges that until a proactive and comprehensive plan is developed to address this habitat loss and species endangerment, future certainty about the successful development of public and private facilities will not be assured. The ROI is not legally binding on any of the parties nor will it preempt any individual regulatory or discretionary authority. Recitals WHEREAS, the Multiple Species Conservation Program (MSCP) is sponsored by the City of San Diego to meet requirements necessary to enable upgrading of the Metropolitan Sewerage System and to address the potential associated impacts of urban gn¡wth, habitat loss, and species d tr1r;Ø)~ãt'T""""g_~~" .,", en angermen ,,- ,',',' "Co, ." . .",',' ,",' e tk~'''¡¿¡""" , "", .'..' ,.,~ " , " ..., ' '.. .,'. ~<:!t~__.ffl:;\»..!8.jWø d' U¡m(nlï1(¡fu vate" an - ·'U~·::;'·;MI·'¡.œ?~ç.u......·;:c' WHEREAS, the MSCP Study Area includes the territory of twelve (12) general purpose agencies of government; and WHEREAS, those general purpose agencies' with substantial vacant land ~urces including Chula Vista, Poway, Santee, sàn Diego and the County of San Diego have been represented in MSCP Plan development through membership in the MSCP Working Group; and WHEREAS, ihe Working Group is charged with developing recommendations for the Draft MSCP Plan încluding conservation, biological, land use, finance and acquisition, and institutional components; and /7-// __Î.... .. ~__.__.. __m__·____~___"..·_··__ __,_,_,._,____"_"'_. ---------~.- , - . . . " , WHEREAS, it is important that other general purpose agencies wrnch will benefit through development of a regional preserve system also participate in plan development; and WHEREAS, completion of the MSCP will contribute to development of a San Diego region habitat preserve system when coordinated with other multiple species planning efforts including the North County Multiple Habitat Conservation Program, County of San Diego Wildlife Habitat and Open Space Conservation Program, and Carlsbad Habitat Management Plan; and WHEREAS, the MSCP is a comprehensive habitat conservation based plan which addresses multiple species needs and the preservation of natural communities; and WHEREAS, this comprehensive approach is an effective way to equitably resolve inherent conflicts between the need to protect natural habitats and wildlife and the need to proceed with certain public and private projects; and WHEREAS, when prepared, the Draft MSCP Plan will provide the biological data base, planning guidelines and standards, financing and acquisition strategies, and other necessities to help local jurisdictions to implement their portions of the MSCP Plan; and WHEREAS, when prepared, the MSCP will provide equity in sharing mitigation for the habitat- based impacts of regional growth among old and newly developed areas. and provides flexibility to the public and private sectors in meeting their needs to mitigate the environmental impacts _tKi..'1'îl~lf11'ïl._d.~ WHEREAS. direct participation by the California Department ofFish and Game, and the United States Fish and Wildlife Service in preparation of the Draft MSCP Plan is necessary. and WHEREAS, the MSCP creates a process for issuance of certain federal and state permits under the respective Endangered Species Acts which will preserve habitat and wildlife, and allow the concurrent development of the San Diego area including the development of housing, public facilities. and commercial and employment centers; and WHEREAS, the MSCP Plan will serve as the basis for Habitat Conservation Plans as described by or permitted in the federal and state Endangered Species Acts; and WHEREAS, implementation of the MSCP Plan will help maintain development flexibility by providing a program for sharing habitat impacts and mitigation options regionally; and WHEREAS, the independent land use planning and permit authority of local agencies will be recognized by the MSCP Plan; and WHEREAS, the City of San Diego supports public use of public lands; and 2 ) 7--/:2- -<6/ . . , , . t,' '. . , WHEREAS, the preservation of natural habitat and wildlife will signifiCantly enhance the quality of life in the San Diego region and set aside lands for the future use and enjoyment of the . region's citizens; and WHEREAS, the preservation of habitat open space areas also benefits recreation as defined in the Plan, and visual aesthetics. WHEREAS, after nineteen (19) months of diligent effort by the MSCP Working Group, the Draft MSCP Plan has reached a stage of development where the need for a cooperative agreement to participate in the completion of, and consideration for implementation of the Plan by the participating jurisdictions is at hand, NOW THEREFORE BE IT RESOLVED: , THAT THE LOCAL 1URISDICI'IOl'lS ADOPTING THIS CONCURRENT RESOLUTION AGREE THAT COORDINATION IN THE PREPARATION OF THE DRAFT MSCP PLAN OCCUR IN ACCORDANCE WITH THE FOLLOWING POINTS OF AGREEMENT. Points of Altreement 1. The signatories to this agreement will continue to participate in development of a Draft MSCP Plan through their representation on, or involvement in the MSCP Working Group and through approval Df this ROI, by the provision of a staff liaison to the MSCP planning process, or by reviewing plan development materials funded by the MSCP. 2. For their part, the California Department of Fish and Game and the United States Fish and Wildlife Service will continue to provide appropriate staffing and timely review and comment on the evolving components of the Draft MSCP Plan. 3. The MSCP Study Axea is shown on the map designated Attachment A. 4. The City of San Diego Clean Water Program, either as a department of the City of San Diego or as staff to the Board of Directors of the San Diego Axea Wastewater Management District, will continue to act as the lead agency in the preparation of the Plan with review and input through the MSCP Working Group, public participation, and in other appropriate ways. I , S. The existing land use authority of the participating jurisdictions will be acknowledged in the Draft MSCP Plan. The MSCP Plan will in no way preempt or linùt that authority, but will work through that authority. 3 } 7-') J -1- .' .._._.-,._-_._.__._._--,_.~- _._- -. ¡ " . ,,"' . 6. Interim Land Use planning and preservation activities during development of the Draft MSCP Plan will be closely coordinated following the model established in ' the MSCP Issue Paper entitled Coordination of Interim Permit Activities which establishes a voluntary process for informing the MSCP Planning Team of projects being considered, and biological data developed,' at the local level. 7. Lee¡¡ , jllrisåicâefls will repeR te !heir petie)" 1!eèies ECit:y Cellftc!l, Beert! af SII}'Cfi'¡secs, Planning ,CeIRHHssiefl) er elber apprepria!e laeel IIppw¡lIllll!lhefit:y, eft \-¡àetfier er Bet ,R projeet see1å.ag ~eea1. gs-¡eææeal apprels! .."'18:5 e;a:1Ð&tetl takffig mte eeftsidemlieft Draft MECP maps, date, slžlBElafès ed gaide1taes eppl'ß,.-eà 1!y !he MSCP ',VerlåBg Creap, and wbat Ibe l'e5tIlt ef Ihe eylllaaBeft ";;&3. They ..,,'Í-1l a.!se feEj,Uire that hialegieiH s1l:1àies uaderta:keR fer I'Jajeets ÎBehlåe 1\ sootieR adåressÎflg !he prejeets' effeel:s eft !he ey&lv'.JIg MSCP. The draft MSCP maps, data, standards and guidelines Þmlm~~ .~'1it'¢!fl! ·,yffieh life addressed iRlflis Peint ef Agreeæent must i>ë': · Circulated for review and comment by the participants on the Working Group and other interested parties. · Approved by the Working Group for use in preparation of the Draft MSCP Plan, and · Will be in Draft until a final action is taken by the local jurisdiction participants to approve or adopt the MSCP Plan. 8. The local jurisdictions will consider undertaking subarea plans in conjunction with the MSCP Plan where desirable and appropriate. The subarea plans would be based on guidelines established in the MSCP Issue Paper entitled Relationship Between the MSCP and Subarea Habitat Plans which encourages local jurisdictions to undertake subarea plans which will serve as future components of the MSCP Plan. 9. The Draft MSCP Plan is intended to address the requirements of the State's Natural Community Conservation Planning (NCCP) Program, and is recognized' as an Ongoing Multi-species Plan and as a subregional planning area as described in the State's NCCP Program guidelines. It is recognized that individual NCCP - Planning Agreements may be entered into by local jurisdictions andlor private landowners within any portion of the MSCP study area and that no one plan has authority over another. 10. The local jurisdictions should review their public facility mitigation neéds and public land resources to determine whetheror not establishing advance mitigation for these programs as a part of the Draft MSCP Plan is desirable, and could be achieved through the establishment of preserve system segments on public lands. 4 / )-/ i _ /0, . . " ,. . , " . . . This action could lead to participation in an initial pennit (or coordinated permits), issued under Sections 10(a), 208l(or other sections) of the federal and . ' . state Endangered Species Acts, which will be sought upon completion of the Draft MSCP Plan. 11. It is intended that the Draft MSCP Plan will be prepared by the end of January 1994. Following a recommendation for action by the MSCP Working Group, the City of San Diego Clean Water Program, in cooperation with staffs of the participating jurisdictions, will review the Draft Plan before asking for formal adoption by the twelve local jurisdictions. 12. When prepared, the Draft MSCP plan will contain at least the sections described in Attachment D. 13. Following adoption of the Draft MSCP Plan the twelve (12) local jurisdictions will consider its incorporation into local General and Community Plans and other local codes and ordinances. 14. The local jurisdictions will recommend a process to choose the best institutional structure to implement the MSCP Plan wor1ång through the MSCP Working Group and other related entities established for cooperative decision-making. 15. The local jurisdictions will begin to draft a model implementation agreement between themselves and the resource agencies. 11ús will be done in anticipation of a cooperative pernút application based on the MSCP Plan. ' 16. Development of Subarea Plans which proceed concurrently with the Draft MSCP Plan are the responsibility of the local lead agency(ies). 17. The local jurisdictions will assist the MSCP by providing technical assistance, data, and by helping to raise funds to supplement the planning program and gain commitments to fund plan implementation from appropriate outside sources. Provisions for long term reimbursement of local jurisdiction signatories should be examined to insure equitable funding. Efforts should be made to minimize funding required from local agencies. 18. These concurrent Resolutions of Intention will be in effect until the signatories adopt, or otherwise enter into an agreement to implement,the MSCP Plan. 5 /7/13 _)1--- " - .-..-.---.. -.......- ._........_,_..._".-._._.._----_.~.._-_.."..._-_._._-- - . . . .' . ~ . .- : . . .... . - Page Intentionally Left Blank - ) 7-/? _ 1;2.- . - - _.__n__' __ __d .. . _. u._..,~__ . J ~ - - F·-'~--::;· 2; ,'t- -:- ':.:..-':.. .\ ~ .. .. . - I r .. '.- .... - ¡.'. I' ,? ~'.. , . ..;. - r;!-;/'ë·~- -:_!,'-'-~~;~-:,)¡ J . , ALLIANCE FOR HABITAT CONSERVATION " JUl-'J"~~' _.~. ~,J,) _..-~' 416 University Avenue, Suit<;! 200 _ " ' . w' L ' ",. . San Diego, CA e.21D3 .. .. . .: :¡;~'~',:"';r '::::rJ .- - (619) 296-4394,' ., . " .. . '...... - , , '.' , - - , , '. - . ~.- .,' , - . .... '..- June 28, 1993 , - '. - " .' " , ., The Honorable Tun Nader . " , . - , . , - Mayor . . City of Chula Vista .. - , r 276 Fourth Avenue, Chula Vista, CA 91910 - - - 'Re: Clean Water Program Resolution of Intention (BoO!) - - - ' - Dear Mayor Nader: .:.! When Secretary of the Interior Bruce Babbitt announced Ustbíg the Callfornla gnatcatcher as a threatened species, he counseled against what he termed the "train wreck" that the .potted owl had brought to the Pacific Northwest. . , Unfortunately, the San Diego region Is 1D. danger or a Bwreck" of potentially far greater magnitude because of the unbalanced .' , Multi-Specie. Conservation Program (MSCP), a significant aspect, or which will be coming before your City Councll In the near future. ' , . .. . The purpose of this ,letter Is to request that your City CouncD defer any action' OD the MSCP Resolution of, Intention (11.01).. . The AIllance recommend. that all member jUrisdictions In the Clean Water , Program hold a full publlc workshop to hear the broad Impllcatlons ' of this program. - , - , , ., Thl. Is needed so that the algnlflcant ImpUcatlons or the ROI can be exposed to an extens.lve pubUc hearing ·process as aoon as ' possible. It Is imperative that the general pubUc -- tho.. - thousands ,of property' owner. whose land' will be targeted for preservaUon, with no future !3evelopmentopUons.. and those , - - ' hundreds of thousands who will i:1ave t,o pay a ,significant ahare or - - the costs or It -- be expo'ed. to It now, and that the CouncU better c understand the full ImpUcatlons of this highly complex, program. ' . , . ) .'.' .. - - ' To date, the Clean Water Program starfJrom the City of saD Diego - have presented an amazingly pos1Uve aDd slmpUstlc' overv1~w of the MSCP Prosram, but they hav!, Called to alert you to the pro~'a . ØIOre..r1ouslmpU~aUons:, ,",' '.:' . ;::.::,',' ,,' :,. . PotenUally cOnvulsl~ changes to your City'.' entire...., ,- . Ganerel, Community and Speolflc Plan framework. " W . ~M. - WRmENCOMM\JNICATIONS æ .~...,. V~-- __ . /7/!'? . ¡rrn.?jI/jU ' " ,?: " '----~ - ~ -.::.:.._--------- .-.~ -- ~ . ~.......... -- " .. ...~ --, ~ -~. ......~ .,. ", ...... ~. ....;... -:- \'" ,. -.. ,. . ~ , "-- -' .. , '. '-'" . \:...:. .. ,:,. - \' . ..... .. .. -'., .-' : ..' ... . ,. June, 28, 1993, - _ '" - -' ,,', " , ' , , . P _2 ' - - '" 8ge . ;.:.' .. -......... .#" '. - I .. -.' ," _ -,' ·f' ,... ~ ,.. ... ,- _ .' . .. . ~;- ",~ - . .' . ~ ~. ,', -" "'":' :.'. :. . ' .'. ." .~,/. ..-. ." " .. .:'A potential 'acqu1sl~on cost >Of million. for.acb member,·, ,-, ~,_ '.' . : Jurl.dlctlon. " ",;- '.-..~' ':.', '" ",,:',--".., - ._ . ':."'" ., "-. r . . ~'. -' - -' '.. ..' ..' '" '.. "'.,.... . -~. ;'. '.:. . , ., 'The threat of a "tldal wave of ·,taklng" 1a"'.uIts,' ahoÙÎd land ' - ~ 'oWli.e¡'Ìlll~t be adequately'compen.ated U their land I.:' - . . "~'" ~ '~eded for ~e pre.efVe ~y.tem.! . -:. ',," ,,','.. ',,' ":':, 'r _' . .....:..-. . .. i ,.., --. .... - .- :....~. "..: -, -' ":"..;. ~ :. .. Porclng a sl¡n1flcant amount of future ¡rowth Jnto exI.tlng ;-' , - , ~elghborhoods, with lore.eeable community '~uror. '~ " ,'j -: : . .' ~ . . .:- .' . . .' . ."". - t¡'. ~;: '" '. .....: ... ... ' ,-: ~- . ,}7orclng additional. ¡rÒwth. into exl.tlng prime alJ'lculture " ~ ,. area.,eau.lng leapfrog deveIÖpmen"'t. " :,- -' '_" ~' ,- . . .. ",~" . _/ I . . . ~~ " .' Ai pre.ently devl.ed,theMSCP I. an 'extraor~narUy coÍDplex.' ,- /', - .', ,: - .cheme, .0 lar ba.ed entirely ()n narrowly locu.ed biologic ' " .: . con.lderatlon.. The MSCP has' con.ldered econoD1lc and land u.e .- .^ .- ImpllcaUon. only In terms Or propo.lng to acquir8most of µ¡e ' ' . . \' ' needed land through exaction., and even now threaten. 'to ignore, ' economic reality _as' It' ron. toward completion,.. ' , ",,'>., , , ~. ." / .-, ... . -./.-.. . . , Belore acUonl. taken on the ROI, the 10UoWinJ'mpacta .hoUld bê considered. The.. only begin to reveal the complexity of W. ta.ue. '.. ,1. Narrow Biolol[lc Pocus. The Multi-SPecie. Con.erv.Ùon' , i '_, _" ProlJ'am I., driven .olely by blologlccon.lderatlon.. ,Noone .- argue. that 'a sound biological basi. ,. 'nece..ary ar Pederal , permits wUl not be I..ued. ,Tbe problem I. that an other . element., including economic, land u.e and social lactors are ' either ignored 'Or minimized." " , .' .',' ,'- . - ' /~ , ., . .' -, ~ ~ '. '". . J - ",J The MSCP baa produèed onerous map. and' ·StAndard. :and 0/" ' I , Guideline." that InIply enormous òbange. In land use ·pollcy .' - ' without ben.tlt of an.ypubllc or' CouncU review. A. a ", ~,' , con.equence, your CouncU w1ll be lorced to pve priority to " " . "the Clean Water ProlJ'am over aU other criteria when ....1<lng land use deCi.lon.. ThI.,i. a priority with which you should , - be comlortable.. .,.' , '- ',.,', " ", """.- - .' . .' I . .. , "'. . .' : (' ". - , '. 2." MaD.. - The ,MSCP Hab'tat EvaluaUon fdsp'- cla..lfy' '.',>~ ,'. ,. approximately 12S.~ acre. a. Very High QuaUty ha1;!ltat.., , -., ._" ,Clean Water Pro~am con.uItants have ncommenc!ed that aU < _ _ ., ,.12S~OOO acres be permanently pre.erved. :..." - ',: "~I ,... _:;' . I . \ .. . ;"._. .:' " . '..:. ," . ::. . \ ..7'- ..' .....--., ' ......-. '. """]r . ,3. LaÍìd Vite. 'Implem.ntaUonof the MS,CP wUi requlrê major, ~-', _ changes to the City's e~.tlniOeneral.Communl~y and S~cIflc'_ '. -Plan pro¡r8,ll!sat a probable oo.t of many mUllon. of do~ . . , : over a decade armore. How w1llland u.. aecl.lon. be' carried _'. o-iIt In themeanUme7 . - - '-; 'f - - .> . I ... '" .......: .,'''' " " - ,. ~ .J '7' : I . n/' '.' y,' ", -: ,. " " ~ ð" ,.'; , /'14''' _::;: -' '. '-~ -_.' . - . "" - ~..- c.,,:;,'. ' :,', <: -. " ;~.';:." <:.J <, . ,~; ~ ,_ ',_ .. ,_.. _ ~ ;'. . f¡ -. c.. ....... _ '" ... ".;. ~... _ t '. - J\lD8' 28 1993 '" .' ". '., - -- ", . " .....,. " . ',,' \',,:~.-> '.~;' .;: " , " ~. \,. \~.. .... ' .,';... f· .. . . . . .J. '.. -r/ ,..:\' , . . .".,' \. . ../.;'. .. .# _.."'.. _ .,' p y:. '-....", ò" . ... . . --. _ 4.' EcOnomic DI.rUutlon. ,De.pitll ·...urånce. to :thé òemtrai7 ~ . .' ,'. ,', ',.' i . _ : ~th San Diego Çltf åÌ1d Countf .taf~ have u.ed ,draft ' " , ' - ." "' : " ,(unrevle_d and unadopted) MSCP .document. l~r ..còIDIIIénÍlnÎ oÍ1 '- " .e.. _" _ '.' cU1T8nt, proJects'-,:rhe~ UDcertalntf that thi. ha." ciau.ed, ,(àI!:weU 0', . "_ . ,a. 'delay-during a time Of deep recenlon, :'already has had, '-,:. -~. " ,., ~ ,.I¡nlflcant negative éconOllilc iJiIpact.. "', ':, ': " < :',,' -,,' .:~.,: '. .- ,,:. ~ .. .... ."..' .~'" '. ~.,'.'." .' I'" ..~ : ... - : ..,¡ ....' ....--: ~ ..'. . ". _,_.J'. ,," '<",. :5: .,)~~ac"t:,òn dty BUdRet: ,Adoption, of Ìh~'Roi¿d/./.·~·:;'''''..:.) - "":" ," , . .',: " '. IlIIplelD8ntatlon Of theMSCPwUl comuiIt member JurI.&cUon.~to ,: . ~,' , a .llnlflcant qn-golng aDnual. expen.e -t9man&getbep1'C!gre.m:- . .:. " Prior to any-àctlon Cin tbe'ROI~ Y'8 believe that aU "..,;' -- '-', ' ,,. ',," Jurl.dlctlon. ahould know the fi.cal budgellmpacts of the ' . .' , " , USCP þro"'ram ' ' ,.', ,- ,,",. ,', . j'r1J .. ~ .' \'. '. . ~ '. ~ . . ".- -~ '..:.... . :.' .,.. '. ".._ ~ .'-,~;',_":" - ·····.t~.. . There baa betin recent ~velD8nt On tbe part Of MSCP ataff 'to ' '.;, ,co' , determine bow much of preaerve ayatem the reglon~anafford.' We' -' ¡' applaud ,the.e .fforb, albeit late In the proceaa. "JIowever; ,ataff " < I, ." nelicia to bear yCiur oplnlon'-. ' , , . "- '" .J', " ,"" ';', . - ~,' _ .' .. . . .,"", . ',. .....:.'; ............. f :" ....~ .~..,. I ....'.~~, De.pitethe.e 'aerlous In_a. ,I mu.t aa.\.1" _¥Ou that the A1l1an~" .", ~ c. .. aupports without equivocation thee.tabl~abment Of an eco.y.tem-ba.ed'--','- '., ,'wildlife pre.erve ayatem~ encompa..lng coa.taI aage .crub, wetlandll. r· / / ,. ,.' .. '. : riparian. ,and with adequate funding. ~ther more ábundant ,habitat. ~ ." characterl.tlc of, San Diego Co~tytaUJ .lque b~OdIver.lty.' W'cannot " . " let thl.program. fall deaplte thè gravity of tlíe program IinpAcb .,: .-. lI.ted above because our membera' development actlvltl.a are In ' ,." , ' " , Inoråtorlum until ì)le pre.erve ayatem or an equivalent Iii app~vea ' , - " . by the u.S. PIIIh -and Wildlife ,Service." ~ :-' .. ,;- . ,', ~'''. ',-:. ,,; ,'~, , . /- . ." "'. '-" :. .' ~ ., . /- ,.. ..'. ... In aummary. I urge fOU to' avoid the potenuá1wb-aIn wreck" that ./" '~ " action on theROI would bring at thia, time. Ple.ae bold full ;'" ,--:; , 'l ... . .' ' .., ,.' .' -. . . ~ ... , , noticed public bearinga ~n the propo.ed J.eaolutl~ Of Intention, '," . before ál1yflnal action la taken to c~t 7ÓUI' Clty'a, taxpayer. " ¡,: " ; to thia poten~y, dlaa.troùa program.,,' . " ,i, ".' 'c' , ". ' . .-'. ,."...' ~ ., .......~. . -.... .'-. ..--: '¿,.. ...... " Very -. ~, ' - - r ' . : . ~ ~ ~ ,- f":' " _ " _.' ~. -". _ .... _.. . . - " r ." L . ' ",'. .>:.<' :;,,:,;:~.)::Æ':U';';>: ' ;- \ . ',/ . ~ j" .:.. ¡ -\ ..... .,.", I ' , ;' . .. - :~,,. "', ;.. J .;,'.' L~' ¡:. ,:- ':~ . :, ," ~"-' " " .. cc:, ''Karen "Scarborough ., . . - ;.'" \" -' ¡ , , Suaan HamIlton " . -.' . ",. . .' , - \'.- ,. ., .. ,.,_ 'i..:';-"'.,'-" J.;~, "....' - " - -....... '- - . '. - ". :-_...~.' ,.', "'~~ "':";",;: - ,'~.., ',:' ~~, - -oj' ," _ . .. /? - J 7- ~, , "-" ' 15.~ " ,- ", J '- - ." , ._ '. -_ _ ,-:. " .:~ .) i -. ;- -- "-" _ ",," :',' '~::,."¡ ~:".~_.. ,," -- -- --..-- ----.---"...-----.-----.,..----------------- .. - -. ~ - - , . ENDANGERED HABITATS LEAGUE \ DUi<JI... /Ø lilt F'>.l«IiÐn of CoalOl &rg< Smtb /IJI4 0Ih<r 7'11,.,_ £œsyst<m. " Dan Silver . Coordinator 8424A Santa Monica Blvd. .592 l.Ds Angeles. CA 90069 TEL/FAX 213· 6S4 . 1456 Sa ~ . July 12, 1993 ~~ :D 00 S. fTI The Honorable TIm Nader, Mayor ¡:;;~ ~ (')¡ and Members of the City Council §:i1::1: - fTI 276 Fourth Ave, Vi? D\ <: ChuIa Vista, CA 91910 ~:; a fTI ...,- 0 0 -(.I') .. RE: Suppon for Multiple Species Conservation Program (MScp) Resolutioñ;òpn~ (ROI) Dear Mayor and Members of the Council: Our organization is an alliance of CODservationgrQUpS and individuals dedicated to ecosystem proteetion and cooperative solutions which reconcile envirOilment and developmenL ' We Qre priVileged to serve on the MSCP Working Group. Due to the rapid 1""5',,:1$ which has been made, the MSCP study area is now far a,hœdof the rest of Southern California in preparing to meet the federal mandate now in effect for the California Gn"""'trlier, recently listed under the Endangered Species AcL ' , . . ,If the program is to advance further, however, there must be an assurance of continued participation by the local jurisdiCtions, and a clear understanding of their vital roles and responsibilities in making the process work. It is these roles and risponsibilities which Qre detailed in the Resolution of Intention (ROI). Contrary to letters from the development industry, the ROl does not set fonh policy options or plan a1temau~s for your consideration. WIlen these Qre avai~le in early 1 ~,.public h~ngs would be appropnate. but would now be premature, After approvmg the ROI W1thin the Working Group, the industry's current opposition is simply a ploy to gain leverage over the process. We hope you will not be a party to this manipu1ation. We Qre impressed by the MSCPs early integration ofland use planning, biology, economics. and the protection of private p.opcrty rights, Within the forum of the Working Group, these issues Qre being effectively addressed. The MSCP is also structured to give local goVernments autonomy and flexibility in drawing final reserve boundaries. Unless the MSCP is sucœssf\ll, the near future is sure to bring a succession of disruptive endangered species listings which go far beyond the 11'".""tcbe:r. In order to gain the short and long-term eèOnomic benefits of a multiple species plan, we must not delay. Your continued produCtive participation in the MSCP I'l~ as contained in the ROI, is essential. We urge your approval of this ""'cPJI~t document. Thank you for considering 0IØ'views. With best regards, iL) ~ -á' t;C: -='7 ~(J/ .g:,~~ ~ ~. WRITTEN COMMUNICATIONS æt:,.. ~f vva-. , ., / 7 /" ~c Þ ~ ~9J -1'- , , · · ENDANGERED HABITATS LFAGUEMFMBERS · *San Diego area groups Carlsbad Arboretum Foundation* ~ds of the Tecate Cypress CoaœwoodCreek~ The Envir'omnental Trust* Ecol:fl Center of Soutbem California s..nn"go Creek Greenway Alliance Frién of the Hills friends of the Santa Margarita Rivet* J)efendtn ofWJlcÐife ,friex,ds of the Northern San Jacinto Valley 0raDge Çounty Fund fer PnVÎJ01UDental Defense '.1be 1rviDe ConservaDCY Laguua Canyon Conservancy , Southwestern H~logists Society* MOuntain Defense ~e· Back Country Land Ttust* , Save Our Coastline 2 ' ~e Land Conservanc:y* Laguua Greenbelt, Inc. Stop Polluting Our Newport Friends of Bati9uitos Lagoon· Save the He·.,thmds San Diego Biodiversity Project"' Rura.l Canyons Conservation Fund r Friends of the Santa Ana River Tri County Conservation League San Diego Audubon Society"' Santa Barbara Audubon Society Laguua Hills Audubon Society Palomar Audubon Society"' Los Anfele5 Audubon Society 8uenaista Audubon Society"' Pomòna Valle~ Society Palos Verdes " Audubon Society Pas'....a Audubon Society South Coast Audubon Society . sea and Sage Audubon Society . Santa Monica Bay Audubon Society J:¡J Dorado Audubon Society San ~cIo Valley Audubon Society Sierra Club San Diego CIapter'" Sierra Club Angeles Chapter Sierra Club San Gorgonio Chapter Friends of Los Penasquitos Canyon Preserve· Sboreline Study Center* ' c.nrornia Native ~t Society, State Chapter , California Native Plant Society, OIange County Chapter California Native Plant Society, San Diego 01&pter* Califomia Native Plarit Society, Los Ange1eslSanta MoDica Chapter Califoriùa Native Plant Society, Kern County Chapter Cnrnmit;tee for the &viro.nnent (Orange County Bar Assoc.) San Beinardino Sage Friends Save Our Forest and RaJ¥'h1..nðA* Friends of the Foothills Bal1muo l.agooo MàriDe Ft! If ve 'CóastalConservatiOll CoaIitim:I Pomona Valley Greens N&tional 0p0ssums,1Dc. . &1viromnental Health Cœlition· Golden State WJlcÐife FedmatiOll friends of die Alamos Dis1rict / 7-~ I _/7 - -...., .,., .._,-_.__.,.._~-----" -- - ,._~- "--.-.- -_.. - .' , . . . CO !'IS TR .JC1'1QN~ Jllly 12. 1993 I NOD,S T::R-·¥ f' E,D ER þ;!~P,F!'f. Tbc JInnnnbIe Wayorllld Q1y('~R""""",," '- ·:~:~:;~;g~L~:; Cily of San Diego .- -.:..;..... 202 C SIIeet . . :. ~ :,..::-~7-:'.· San Die¡o. Ca. 92101 .-.: P.'·:::""!',··· .:..--._...~,. .... .'. - ~, ~ .;'.- . ..... ." -~~2~~:~fh:~~~1 Be: Item nso . rd' 12, un· .ml._ atlr....'a- at.. Muldple 5..... ' eo.-tIøal\.... Dear Honorable Mayor and CounciIIœmbcn: . .". '- :.- . -. .', '. . -", ....:!:"( . :. - .~:.. :;: '1be CoDsaruccion JnduIIIy FedcnIioII ~ dIG apparIuIIily 10 oIfe&- illcom-'. ud . ~,_:, 'H.; ~::~~ ~. ,..-.'"-~.- ~ œ tile ploposod lI..wntW¡ ofImaldœ oflbe Un1r!pl" SpociesCoølaYldott ; - I . _ .~. '. Pmpam. .," '. ..,' -- ',~.;~ '-;.:-:,;; , ,~ . : .'.' /J.:,:';;S In 1990, die JoiDtEDvizottmcnœl1mplCl ~ ImplCt ~..__t lot Ibc CIcID '--" .....,". --.:.:<;~",,::.:-:-.;- -',' -" - ........ .... . .~:'.J - .;.:¿;, ;'i);;;¡ W8/Ct'Pmpam wu approvcdby dIG Cilyof SaD DIe¡o IIId Ibe U.s. EnW_IIlPlofeçtian -' - .,~\"\<:4;;:~} AJ~· In OI'detto ...ltlptAlbe--'-.yeffeclaof8fOWlh"""-Lwo r-11Õo\16'C1tadIG :".,1;;;:,~ j:;:~.M¡ ¡O""I -Ie ~øaœd byþQean W8/Ct'Pmpam.lbcfill81EIRJmS ......".;"..4 a ;';. ,_.;::,,;~,~,:; '; ,: teqtIÚeIDeDt to II1ÍIÍpIc rbcac efI'ecU IhlOllaluMCIèUioDoI011lldplø IJ*ÍOI COIISInIIiœ (:~~¿Ù:~iî.~$;~~~ plOPL ~~~~d¡',~~'~~{' ItA llest'rll)ed In die EIRIBIS. þ MSQ>_to be adopIe4aa4 fmp..m-"'d ill ·~I pIItS _ r . __ '.. _. ." " ~ ,.,,~fI:¡,~~,¡;zf'I1 f~1 iaIdaIly oa acoasll118¡ucrab prm ItIioa ~o"-M¡.....tI eIerDenII waalda44 . ;\~;;;;~~~-;;'¿hlbiIalUlld/ars¡jec¡c, ~y 10 Ibc MSCP." 'I1IoMSCP _ aI80 to be ·"-IlMIlot die ';¡~~~~1.ì''''''~ CXIIISIIrVIIÎOI of fedcmI1y ~ 1br-'--.e4. «key ¡.,,""¡.....1pCCIes 81141beir IIlbl....· . . "~'. ~.'" ... .... I' .....- .~.:_:~. .~::~~~ (See þfNlOluNonr 1) ~u_~._~~~:~~/:.¡~ , ...."t" >;~i~jWbal is Wen die CiIy ~, is . ftIqIBI tbat you sive IboCily's oIIicIaIlIJAØI, com"'!tnwtI. ~il - I ,._'~ ditecdoa - widI" . speda , - àIat t,'~....,(>~~f,:j\0!~::;~ aII4. top0cee4 a.....1tipIo -CIDIIIeIVIIioaJIRIIIIIII farr-edfdlltwbk:h 'iJ.il¡'it"~-"""" -oriBiJIaIIy c:CIIIœÍYCd IIId apee4 to by dID CiIy udSPA.. his. pnIIIIIIIlba& will COlI Ibo .~J r~ dollars .' "....- .....,''1; ": publlcblWoasof iII-·~~CXIIII. 'lir"~' ,t,;;, ',,,,,c.:~ Jasœad ofbeitl¡ III MSCP lbIIis clewlape41ø -. AoIftC IIftI bepuIÏIIJ willi. -.t.. .~;:¡;¡..-,".:;>:,~~¡¡.;;, ' ' it-::;· ;!..,;¡.:;.....~. ICIIIb ¡nseMIioa..wn...¡,... reqailedby dIoaulEIRJEJS· ÞMSCPdwbu-.cd . ~: ~~12\~1 wl'~' 24otberbabI&aUypee~ wDleIIIaIp dlepellrlltioll_by lCaSof"'" """·01 -:""..." ~;"'''''':1"~;Y~'~ .MItI"'IIJ ~ aII4 a44,milIiaIIs to IbeCOllofdlepnlllllll. 1DsIIIa400bci11¡ aD WSO'dlllla .'. '~ desi¡nc4 tor Þéon8ervadll1l oC l.e4aaIIÝ -'~ .....~..... or by ~""Id.."II*ÌO"" . ," ~ ;<i~ ~byþaul1i1RJBlS' wIIat........e4is.~_I...._·941Ddiv1dual1pCCles }~~'£~" ' - :;';i':! __ oCwbictl_ DOIdIet eådâna-I. &II. ...... or .......1...... 1M lilllnaud aomeolwldch_ ,~-, ,l-l~~ 110I_ pesemlø Þ SID Die¡o resfœ. (See AIIacIImeD& 2) ) / -c/J-? -Ig~ , . , ", :' Pap 2 , July 12. 1\193 1teœm.......·fL.. .- Diz= die cay WlllaFIII- -n, die DIIft},fSQ>aa4IO..uP dIe....- iD ICCOIdaace willi 1M¡r~ ~ of IbeCleø WIICr~"1IIIIdnJ ita C;"""1 SIp Scrub ¡n11Mlioa PoPn- ~ alu.ûlivUllluJd ~ die cMiøa or.1IiaId ~·-·111111·n"j'..a-ohto III1IIdpIo Spcc:Ios c:aaseìYaIioD propm wldlepeønl~~ eoo!\()I..iç CIIvity 111.......11...... , IIIdøcecI CollI to die pablù:. 'Ibis alf.cmlliWl wOaI4 prCicm 21 pIaÍIIS" ,..'.....1. CIII lbaFcdeøl , "-"""WI.,,, IiI& andalllO ¡pCca em die Fodera! ClldlDllndaad.... --.. list. (See .t.__ 3) 'IbaIIk you lor yœr amidetIIion. ~.~~þ~ om Shelf« ~"'~cotive Dircdar ConIIructiœ IadwIIry FedmâoII ~~H ;7/".2-J -/~ ~ -~-' 0'_"'_ M'O ._._....._....__ .. ..._..__._..._..__.._.._____.__.__.__.._........ -- - -- ..- -,_. ----- --~ '- . --- -.-. ATTACHMENT 1 ,- , , . " FrOm the March 1991 Final EIR/EIS - Clean Water Program . .' , b. l'An~dAœ Species. Lhtlc -oIn,:cail was found in oa1y ODe vernal pool. which is widI1n a œscrved area in the project desi¡n (CWP. Volume vm. 1990). ' , . AD other vema! ~ noced !lave becA f","I'~d in IIn:IS desig_ DI%ed as R.esi:n'cd. UIIUSCd area, or ""'¡,.,,~~ Bio1o: PR:serve.' The J'\oo.M""œð :Biolo¡içal PrcScm: is pzcsendy a c:uldvatcd area. mima moaød topopphy. Whi1c DO midfcdon is ,œq~ as 'DO i~"'" arc predieted. the area lias Ibe poteIUial for e"h.ar.etnent of vcmal pool habitat. In addition, wrlcgarcd dudleya and San Diego lold\:>nsW' . IIn ofœø asm.,ecJ with mima DIOIIJId topography. . . . The Dedicated Biological P1eacrvo aDd Unused .Aœa arc prucm1y Rudm1 with mima, mouild1OpO¡rapbl: OWivarcd wUh mima IXI!OWId topography, aDd a burned area of cOastal' sage sc:ru The ow:zaJl ,. area is di$turbed by ""''''eles. aDd 'a herd of pIS wàs ¡razing die' JÎIOpCrty ,duriJ1g thc biological sum:ya. Removal of &he distuJt>·..~':S woWd aDow the ~ in quality or æaaacra- dOn . "f habitats used by sewn!' ~ of, conc:e:m. Based 011 die cxisáng COQðitions. the v¡, ues of the . IIn IS of mima mound ropopphy appear co be comparable. Ü DOt bcuct. dIan tbevalucs of I%CaS lost. VL MITIGATION OF SPfY)NnARY~ Assuming. wUboutC'.....""'Aing. t:bat the Clean Water Propm has ¡rowth indudn¡ impacts, the foUOWÏ1ìg mitigatioD lllCisuros' inay zcduce such m,p.~; , "howcver. undl sptåfic mùig~ is clcsipcd and a mi1i¡ation ""OmfmiDg and ieporting proaram is devdopcd. these impaas, to the exreøt they exist. aro considered significant and DOt mitigated at this lime. Mitigation of ~ im~ the Ocan Wacer Program involves cæ- ' ation of a Multiple Spcaes . n Program (MSCP) to he Idopted aDd implemented in c:àmponeøt pans focusin¡ iIIi".lIy on a coastal sage saub pres- ctV&ÛOn el-t Addi1iona1 eJcmems would Idd habitats IIIdIor species ~men~ally to the MSCP. . 'Ibe,PutpOsc of the MSCP is to develop a program priDdpaDy designed. for die CODSemuon of fcdcra1lYCllrlZcd. 1fm:atcnéd, or .key .._nrli(,f,œ spcc;:ICI aDd dleir habitats, (c:olIcctively cd "MSCP speciesj within the McuopolitaD Sewa¡c ~Ø1 Service .A%ea (MSSSA) of the Ocãn Water ProgràID. For e"."'PI... one pan.' of MSCP WOUld focui at die ClJifanlia .,.-oc-.",,- aDd the COIIJeI\IItÍOZI Of C'<'Ism! saac scrub. Tbe program woWd be dcsi¡ned to provide a DCCWOrk of managed lands which coa5CrVC' habitit and provide far wi1dIIt'clDCMmCl1t œ a large scaIc. The net- wòd: of ......;,'V" landS is u.~"ðeð to -,,;....- aDd _h.~ the opponwúdes far conscrvazion. The program will '"""'P' to inœaruo Øae ~ ¡oals of die USFWS. die .Cty of San ,Dieto. aacl 'aD orher iDreæsted a.~es It ~ reo- ()tInn~Muin"s far .mana¡emeøt møees.. far p:oœc:dnL biolo . zcsourcea. including 1bè acquisidOl1 of lands., will describe optimal ~...n. far ;11'ncia¡ 'the pœgram '10 that thc 1i ¡O~1'hnM of its impJ""""""óOD will be ,,".~,,"i·ed. / 7~.2 f -- J'V ., 68 . - -.. --.-. - -- . - . , CLEAN WATER PROGRAM for Greater San Diego ¡. . ", _,--,n~. . . -, ;, 600 B street, Suite 500 . San Diego, CalIfornia 92101~4587 Jü. '.. '. 'i. 7 r Pbone: (619) 533-4200 . Fax: (619) 533-4267 July 15, 1993 ~.' 'S~ Þ I .< LA w, i~',V:/11.- . \';'; Mr. Bob Leiter Planning Director City of Chula Vista 276 Fourth Avenue Cbula Vista, CA 91910-2699 SUBJECT: Resolution of Intention (ROI) for the Multiple Species Conservation Program - Revised Language Dear Mr. Leiter: . At its meeting on Moì (lay, July 12, 1993, the San Diego City Council adopted by UJÍanimous vote the, Resolution of Intention for the Multiple Species Conservation Program (MSCP). The vèrsion adopted differs slightly from that distributed at the ROI Workshops held on May 18 '(Chula Vista) and May 21 (Santee). The changes are the result of discussions between the Chair of the MSCP Working Group, members of the develOpment and environmental communities, and City of San Diego's MSCP staff. The changes are shown on the enclosed copy of the ROI, dated July 9, 1993. Additions appear as shaded lines; deletions are lined out. The most extensive change is to Point of Agreement No. 7 (page 4). It was agreed that. pursuant to California Environmental Quality Act (CEQA), local jurisdictions must consider available scientific data when detennining the adequacy of environmental documents for proposed projects. Given this established process and the fact that the MSCP maps and standards and guidelines are still in draft form, the first two sentences of Point of Agreement No. 7 were considered unnecessary and, therefore, were deleted. Please call me at 533-5262 should you have any questions. Sincerely, . ~' R. DAVID FLESH MSCP Project Manager RDF:pcs (a:ImIcp\pc03070I.br1 Ead08UJe: July 9, 1993 Memonndum to Mayor aDd City Council re¡ardùI¡ the Multiple Specieø eœ-bOO,Prosnm Reaoluti~ ;~:~ -)/- _"..m_______·__, ____~..__.____~_.~_ "' -< -..-. -.--.. - This Page Intentionally Left Blank - - J 17-,;z¿, -;;. ::L- I I RESOLUTION NO. 17229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NON-LEGALLY BINDING PROVISIONS OF THE RESOLUTION OF INTENTION ON THE CITY OF SAN DIEGO MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN WHEREAS, the City of San Diego has requested that the City of Chula Vista adopt a proposed Resolution of Intention (ROI) on the Multiple Species Conservation Program (MSCP) Plan; and, WHEREAS, the City of Chula Vista has been an active member of the MSCP Working Group since the inception of the MSCP Plan; and, WHEREAS, the proposed ROI has been endorsed by the San Diego Area Wastewater Management District, of which the City of Chula Vista is a participating member and also adopted by the City of San Diego City Council; and, WHEREAS, the proposed ROI is on file in the office of the City Clerk of the City of Chula Vista, and is fully incorporated herein by reference; and, WHEREAS, the subject ROI contains IIpoints of agreementll or voluntary responsibilities that the City of Chula Vista would carry out a s a 1 oca 1 juri sdi cti on affected by the deve 1 opment, comp 1 et ion, approval and imp 1 ementati on of the MSCP Plan; and, WHEREAS, the proposed ROI acknowledges that the independent land use planning and permit authority of the City of Chula Vista will be recognized by the MSCP Plan; and, WHEREAS, the City of Chula Vista would derive certain benefits from the completion, approval, and implementation of the MSCP Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby resolve as follows: SECTION 1: Environmental FindinQs: City Council action to adopt the proposed Resolution of Intention does not constitute a project under the Ca 1 iforni a Envi ronmenta 1 Quality Act (CEQA). ) 7-,2 7 -).3., ~.. _m~_____"_" _____ __. ____,_____~.___ .___.___ Resolution No. 17229 Page 2 I SECTION 2: Citv Council Action: The City Council hereby approves the non-legally binding provisions of the Resolution of Intention on the City of San Diego Multiple Species Conservation Program (MSCP) Plan, as revised on July 9, 1993 and on file in the office of the City Clerk of the City of Chula Vista. Presented by AP~;O~ as to f rm ~I t (L~, /::;// j r I· L4Y '. /-' ' ,,/. ....- , ' Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney J 7 --;2. Y ~ J-L/ - , Resolution No. 17229 Page 3 , PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of August, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Council members: None ABSENT: Council members: None ABSTAIN: Councilmembers: None .s----- ~v Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoi ng Reso 1 ut i on No. 17229 was duly passed, approved, and adopted by the City Council held on the 24th day of August, 1993. Executed this 24th day of August, 1993. . Beverly A. Authelet, City Clerk /7/2; - ')~- ._..._._~"..- -- - - --.__.__._._~_.---,.- ûdM~~: Uh~. ~ð g ctr&.J #-c2 f Non-Agendized Item COUNCIL INFORMATION MEMO January 18, 1994 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager ð ' FROM: Robert A. Leiter, Director of Planning ß( SUBJECT: Urgency Ordinance to Provide For Site Plan and Architectural Decisions to be Appealed to Both the Planning Commission and City Council Staff recently provided Council with an Information Memo updating Council regarding concerns expressed by Bayona residents within Rancho Del Rey regarding proposed Zoning Administrator action relating to site plan and architectural approval of new single-family homes within their neighborhood, The Information Memo noted that the Planning Commission would be holding a public hearing on January 26 in response to the Zoning Administrator's decision to forward the project to the Planning Commission for a decision in order to expedite the project. It was noted that the item could come before the City Council sometime in February, In reviewing the procedure section of the Municipal Code in detail with the City Attorney's office, it has been determined that the language in the Code outlining appeals for site plan and architectural decisions by the Zoning Administrator makes such actions appealable to the Chula Vista Planning Commission with no specific reference to allowing further appeals to the City Council. This procedure is in contrast to the City's Design Review process appeal procedure which provides for appeals from the Design Review Committee's action on to the City Planning Commission and ultimately to the City Council, To the best of staffs knowledge, previous interpretations of the appeal process by the City have allowed applicants to appeal any actions by the City Planning Commission on to the City Council, Also, it is staffs understanding that in Council's review of the Design Review process in last year's streamlining effort, that Council expressed an intent to allow all appeals of design matters to ultimately rest with the City Council. In order to clear up the apparent ambiguity that now exists, we are asking Council to consider the adoption of an Urgency Ordinance to be placed on next Tuesday's agenda to be acted on at that time, RAL:KGLlm (appeaI,oni) c2J~ / - ____ ¥.____.____...._._..~__ _n..___...____________.________.___..__" ORDINANCE AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19,14.480 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SITE PLAN AND ARCHITECTURAL APPROVAL APPEALS AND DECLARING THE URGENCY THEREOF WHEREAS, the present City's design review process provides for an appeal process from the Design Review Committee's action to both the Chula Vista Planning Commission and the Chula Vista City Council; and WHEREAS, decisions by the Zoning Administrator on site plan and architectural review matters are appealable to the Planning Commission, but is the Municipal Code silent as to whether formal appeals to the City Council are allowed; and WHEREAS, the City Council's review of design review procedural matters last year clearly indicated Council's intent to allow anyone the right to appeal design matters to the City Council; and WHEREAS, procedural changes are exempt from environmental review under CEQA Guidelines Section 1501 (b )(3). NOW, THEREFORE, the City Council of Chula Vista does hereby ordain: SECTION L SECTION 19,14.480 of the Chula Vista Municipal Code is amended to read: A. Following site plan and architectural approval by the Zoning Administrator as provided in this chapter, and provided all other applicable requirements of this chapter have been met, the building inspector shall issue a zoning permit, as provided in Sections 19,14.500 through 19,14,550, and shall ensure that development is undertaken and completed in conformity to the approved plans, Appeals from determinations by the Zoning Administrator shall be to the Planning Commission, upon written request for a hearing before the Commission, In the absence of such request being filed within seven days after determination by the Administrator, the determination shall be [¡nal. (Ord 1212 §1 (part), 1969; prior code §333.1312(A)(6». 1h Upon the hearine: of an aDI>c:al. the Plannine: Commission mav bv resolution. affirm. reverse or modify. in whole or in anv Dart. anv determination of the Zonine: Administrator. The resolution shall contain a fmdine: of facts showÍIU! wherein the Droiect meets or fails to meet the reauirements of this chaDter and the provisions of the Desie:n Review Manual or Desie:n Standards reauired for the Droiect, c2/'~ .--.". ...._--_.,,----_.._._-,_..~-------~.~---"...~-~------- C. The decision of the Plannimz Commission may be appealed to the City Council in the same manner as set forth in this section for anoeals to the Plannin2 Commission, SECTION II, Effective Date: Ur2encv If annroved bv a four-fifth's maioritv. this ordinance shall become effective immediately unon adontion as an Ur2encv Ordinance. Pursuant to Charter Section 311. the reason for the ur2encv is the inconsistency of the anneal nrocess between decisions rendered bv the Desi2n Review Committee and those rendered bv the Zonin2 Administrator. Current annlicants on nroiects would not be afforded the same due nrocess unless this ordinance becomes effective immediatelv, Presented by Approved as to form by Robert A. Leiter Bruce M, Boogaard Director of Planning City Attorney (ur¡ency.ord) .J./~3 .... ._.._..-.-...__.._-_...._-,-_._-----~-_.--..,.._---