HomeMy WebLinkAboutAgenda Packet 1999/03/23
AGENDA
CALL TO ORDER
'II declare un'~er rcna!ty of perjury that I am
emplo::,'e'j b:' ;_ ':'- ;' :-' ': f Ghu:a Vista in the
Office of '~~iC) ",j \-,' (,k:..:;: ~nd ti'i3t I posted
this Agenda/Notice on the Bulletin Board ~
the Public erv' es Building and at City Hall on
DATED, '/,9 SIGNED ~/~..
ROLL CALL: Councilmem ers Davis, Moot, Padil a, Sal , d Mayor Horton,
6:00 p.m.
March 23,1999
I.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROV AL OF MINUTES of March 2, 1999 and March 16, 1999 (Joint Meeting of the
Redevelopment Agency and City Council); and March 16, 1999 (Regular Meeting of the City
Council).
4. SPECIAL ORDERS OF THE DAY
A. Oath of Office James J. Monaghan - Board of Appeals and Advisors
CONSENT CALENDAR
(Items 5 through 13)
The staff recommendations rcgarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless a
Councilmember, a member of the public. or City staff requests that the item be removed
for discussion. If you wish to speak on one of these items; pleasefill out a "Request to
Speak "form (available in the lobby) and submit it to the City Clerk prior to the meeting.
Items pulled from the Consent Calendar will be discussed after Action Items. Items
pulled by the public will be thefirst items of business.
5. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that, to the best of his knowledge from observance
of actions taken in Closed Session on March 16, 1999, there were no actions taken which
are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter from The Hilltop High Music Tech Ensemble Students and Dennis Mauricio,
Director, requesting financial support to perform on the steps of the California State
Capital, as well as at Pier 39 in San Francisco.
Staff recommendation: That $250 of the Council Contingency Fund be granted to the
Music Tech Ensemble in exchange for their performance at one City event this year.
C. Letter, with petition, from Victor Saba, requesting that the game room at Norman Park
Center be opened on the weekends and that the hours of the Center be changed.
Staff recommendation: That staff contact Mr. Saba and inform him that this issue will be
brought forward during the budget process.
Agenda
2
March 23, 1999
D. Letter of resignation from the Safety Commission - Cindy Miller.
Staff recommendation: The resignation be accepted with regret and the City Clerk be
directed to post immediately according to the Maddy Act in the Clerk's Office and the
Public Library.
6. ORDINANCE 2776, ESTABLISHING CHAPTER 2.02 OF THE MUNICIPAL CODE
RELATING TO CONFLICT OF INTEREST (SECOND READING AND ADOPTION)
It is requested that Council adopt the proposed ordinance implementing a conflict of interest code
for the City as required by the Political Reform Act (Government Code Section 87000 et seq.)
Staff recommendation: Council place the ordinance on second reading and adoption. (City
Attorney)
7. RESOLUTION 19398, ACCEPTING A DONATION FROM THE FRIENDS OF THE
LffiRARY IN THE AMOUNT OF $1,600 TO HELP DEFRA Y COSTS ASSOCIATED WITH
PROPOSITION L INFORMATIONAL MATERIALS
The Friends of the Library have donated $1,600 to help defray the $ 1,6 I 828 previously spent on
Proposition L informational materials by the Library. These informational materials had been
previously approved by the City Attorney's office.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
8. RESOLUTION 19399, APPROVING THE APPLICATION FOR TIDELANDS ACTIVITY
PERMITS FROM THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE FESTIVAL OF
THE ARTS, THE FOURTH OF JULY FIREWORKS DISPLAY AND THE SUMMER POPS
CONCERT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City is planning to host three mi\ior special events on the bayfront in the next six months; the
"Taste of the Arts" festival on April 10, the Fourth of July Fireworks Display and the "Summer
Pops" symphony concert on August 22, 1999. As these events are being partially or completely
operated on property owned by the San Diego Unified Port District, the Port is requiring the City
to apply for Tidelands Activity Permits, which include indemnification and hold harmless
language.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
9. RESOLUTION 19400, ACCEPTING A GRANT FROM CALIFORNIA HEAL THY CITIES
AND COMMUNITIES; AND AMENDING THE FISCAL YEAR 1998/99 BUDGET AND
APPROPRIATING FUNDS IN THE AMOUNT OF $25,900 TO CONTINUE THE CITY'S
YOUTH T AKIN' ON TOBACCO GRANT; AND ENDORSING A BROAD-BASED PUBLIC
POLICY APPROACH TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF A
HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS (4/5TH'S VOTE REQUIRED)
California Healthy Cities and Communities has renewed the City's grant to continue the City's
"Youth Takin' on Tobacco" project in the amount of $25,900. This program is designed to
discourage tobacco use by youth.
Staff recommendation: Council adopt the resolution (Library and Recreation Director)
Agenda
3
March 23, 1999
10. RESOLUTION 19401, ACCEPTING CALIFORNIA ST ATE LmRARY, PUBLIC LmRARY
FOUNDATION FUNDS AWARDED TO THE CHULA VISTA PUBLIC LIBRARY,
APPROPRIATING FUNDS AND AMENDING FISCAL YEAR 1998/99 BUDGET (4/STH'S
VOTE REQUIRED)
The Chula Vista Public Library's share of Public Library Funds has increased from $90,3 83 to
$190,377. The library requests the unanticipated $99,994 be appropriated into the Library General
Fund for the circulating book budget and several other funds for one time expenditures.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
II. RESOLUTION 19402, APPROVING A GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT WITH MCMILLIN OT A Y RANCH LLC FOR MAINTENANCE OF PUBLIC
LANDSCAPING WITHIN A PORTION OF MCMILLIN OTAY RANCH SPA ONE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
This is to consider the approval of an agreement with McMillin setting forth the obligations of the
developer (and future Homeowners Association) for maintaining certain public landscaping
improvements within McMillin Otay Ranch SPA One, adjoining the Chelsea project.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
12. RESOLUTION 19403, APPROPRIATING $3,500 FROM THE A V AILABLE BALANCE IN
THE GENERAL FUND, FOR CAPITAL IMPROVEMENT PROJECT DR-121,
"RIENSTRA/LOMA VERDE PARK DRAINAGE MITIGATION PROJECT" (4/5TH' S
VOTE REQUIRED)
On December 15, 1998, Council approved accepting bids and awarding the contract for the
construction of "Drainage Mitigation - Rienstra/Loma Verde Park (DR-l2Il" to New Century
Construction, in the amount of $21,860 and approved a total of $26,000 for the project.
Insufficient funds were available for construction of the improvements due to the need to perform
more design work than originally budgeted because of severe erosion and the need to provide
contractors with an accurate representation of the actual site conditions.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
13. RESOLUTION 19404, AMENDING THE FISCAL YEAR 1998/99 OPERATING BUDGET
FOR THE CONSTRUCTION AND REP AlRDIVISION, MINOR CAPITAL IMPROVEMENT
ACCOUNT FOR EMERGENCY REPAIRS TO THE SOUTH LIBRARY AND
APPROPRIATING $18,570 IN UNANTICIPATED REVENUE FROM INSURANCE
PROCEEDS AND $5,000 FROM THE A V AILABLE FUND BALANCE IN THE GENERAL
FUND THEREFOR (4/5TH'S VOTE REQUIRED)
On November 28, 1998, an uninsured motorist crossed over the median at Fourth and Orange
A venue, through the landscape area, and hit the northwest wall of the South Library. Damage was
done mainly to the conference room in the Literacy Section of the Library. Funds were
encumbered from the Minor Capital Improvement Project account to complete emergency repairs.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ORAL COMMUNICATIONS
Agenda
4
March 23, 1999
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required
by law. [{you wish to speak to any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
14. PUBLIC HEARING REGARDING THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL FOR COLLECTION
RESOLUTION 19405, ASSESSING DELINQUENT SEWER SERVICE CHARGES AS
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT
OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
In order to adequately protect the City's interest in delinquent sewer service charges and insure that
collection efforts are directed towards the responsible property owner in the event of a change in
ownership, staff is recommending approval for liens against affected properties as a prelimmary
action to placing the delinquencies on the property tax rolls if they remain unpaid.
Staff recommendation: Council adopt the resolution. (Director of Finance)
IS. PUBLIC HEARING ON PCC-99-26 REQUEST TO CONSTRUCT, OPERATE AND
MAINTAIN FIVE 75 FOOT HIGH MONOPOLE TYPE AM TRANSMISSION ANTENNA
ON PROPERTY OWNED BY THE OT A Y WATER DISTRICT ADJACENT TO VILLAGE
FIVE OFTHEOTA Y RANCH - APPLICANT PACIFIC SPANISH NETWORK INC., AKA.
KURS 1040 AM, SAN DIEGO (CONTINUED FROM MARCH 16, 1999)
RESOLUTION 19406, APPROVING A CONDITIONAL USE PERMIT PCC-99-26, A
REQUEST TO CONSTRUCT, OPERATE AND MAINTAIN FIVE MONOPOLE-TYPE AM
TRANSMISSION TOWERS ON PROPERTY OWNED BY THE OT A Y W A TERDlSTRICT
IN THE VICINlTY OF THE OTA Y RANCH, AND MAKING THE NECESSARY FINDINGS
The Applicant is proposing to construct, operate and maintain five 75 foot high monopole type AM
transmission antennas on 6.34 acres of a larger II acre site which is owned by the Otay Water
District. The site is located approximately 2,600 feet south of Otay Lakes Road and 2, I 00 feet
southwest of EastLake High SchooL The site is surrounded by Village Five in the Otay Ranch on
the north, south and west. Rather than constructing the traditional lattice tower normally
associated with AM radio transmission, the Applicant will be utilizing a newer technology that
uses large monopole/whip type antenna.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
16. PUBLIC HEARING ON PROPOSAL TO CONSTRUCT A 45-FOOT HIGH MONOPOLE
AND 350 SQUARE FOOT STORAGE/EQUIPMENT BUILDING AT EASTLAKE HIGH
SCHOOL, SPORTS FIELD
RESOLUTION 19407, GRANTING A CONDITIONAL USE PERMIT PCC-99-18, TO
NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 1120 EASTLAKE PARKWAY
Nextel Communications is requesting permission to construct and operate an unmanned cellular
communications facility at 1120 EastLake Parkway, at the EastLake High School sports field. The
project will consist of an equipment building, emergency generator and a 45-foot monopole
supporting 12 directional (panel) antennas. The monopole location is proposed adjacent to the
eXIsting sports field lighting standards
Staff recommendation: Council adopt the resolution (Director of Planning and Building)
Agenda
5
March 23, 1999
17. PUBLIC HEARING ON PCM 95-0 1B, AN APPLICA nON TO AMEND THE OT A Y RANCH
SPA ONE PUBLIC FACILITIES FINANCING PLAN (PFFP) TO AMEND THE SECURITY
THRESHOLD FOR OLYMPIC PARKWAY CONSTRUCTION AND AMEND THE PFFP
FOR PHASE 7 OF VILLAGE ONE AND VILLAGE ONE WEST AREA (CONTINUED
FROM MARCH 16, 1999) Note This item should be trailed and considered together with Item
#20.
RESOLUTION 19408, AMENDING THE OT A Y RANCH SECTIONAL PLANNING AREA
PLAN PUBLIC FACILITIES FINANCE PLAN
On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan was adopted by Council
as part of the SPA One Plan for Villages One and Five. The SPA One PFFP established
thresholds for public improvements serving these two villages, including Olympic Parkway. In
order to expedite the improvements of Olympic Parkway, a financing plan with security for
construction has been negotiated with the Otay Ranch Company and McMillin Companies. An
amendment to the SP A One PFFP has been proposed to establish security thresholds so that Otay
and McMillin can equitably share in the number of units as the Olympic Parkway thresholds are
achieved. In addition, on February 16, 1999, Council approved an amendment to the Otay Ranch
SPA One Plan for the Village One Core - Phase Seven (Purple Phase), and the area of Village
One west of Pas eo Ranchero (Village One West). The amendmentto the SP A One PFFP for these
areas was consolidated with the Olympic Parkway amendment in order to bring one amended
PFFP forward for Council approval.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions
and deliberations by the Council. staff or members of the public. The items will be
considered individually hy the Council. arid staff recommendations may, in certain
cases, be presented in the alternative. It you wish to speak on any item, pleasefill out
a "Request to Speak" (available in the lohh)~ and submit it to the City Clerk prior to the
meeting.
18. RESOLUTION 19409, ACCEPTING THE FINAL REPORT FROM KTMLEY-HORN &
ASSOCIATES, INe. FOR THE FEASIBILITY AND FINANCING STUDY OF OLYMPIC
PARKWAY FROM BRANDYWINE AVENUE TO HUNTE PARKWAY
This report represents the consultant's, Kimley-Horn & Associates, Tnc., findings for the feasibility
and financing study to construct Olympic Parkway from Oleander Avenue to one mile east of
SR-125 and identifies project constraints and opportunities in terms of funding, traffic needs,
timing, phasing, environmental requirements, and a comprehensive project schedule.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
19. RESOLUTION 19410, APPROVING AN AGREEMENT FOR THE FINANCING AND
CONSTRUCTION OF OLYMPIC P ARKW A Y PHASE I AND II WITH MCMILLIN OT A Y
RANCH LLC AND OT A Y RANCH PROJECT LLC
Agenda
6
March 23, 1999
The purpose of this item is to outline a financial plan for Olympic Parkway Phases I & II, which
extends from Brandywine Avenue to Palomar Street. The goal is to outline the project costs and
how they apply to each party, to establish time frame milestones for the various work components
such as grading, channel and roadway construction, to establish financial guarantees to secure the
work, to decide how the work will be paid for by whom, and to construct the road when needed.
In addition, and equally important, to make sure that development does not outpace the road
construction or result in an unacceptable level of service on Telegraph Canyon/Otay Lakes Road.
Staff recommendation: Council adopt the resolution. (Deputy City Manager)
20A RESOLUTION 19411, APPROVING A FINAL "B" MAP FOR TRACT NUMBER 99-02,
MCMILLIN OTAY RANCH SPA ONE, R-46, ACCEPTING ON BEHALF OF THE CITY
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION,
ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF
GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC
PURPOSES ON SAID MAP WlTHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION 19412, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NUMBER 99-02, OT A Y RANCH, R-46, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
This item is to consider the approval of Final "B" Map, Subdivision Improvement Agreement, and
Supplemental Subdivision Improvement Agreement for Otay Ranch R-46 (CVT 97-02). The
project consists of 117 condo units and is known by the marketing name of Capri by Cornerstone.
R-46 is located at the northeast corner of La Media Road and East Palomar Street.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
21. REPORT ON GUARDED ENTRANCES IN OT A Y RANCH VILLAGE ONE - APPLICANT
THE OTAY RANCH COMPANY
The Otay Ranch Company applied to provide guarded entrances into Village One south of East
Palomar Street, and in Village One West, as part of their 1999 SPA One Amendment application.
Atthe February 16, 1999 public hearing on the amendment, Council chose to separate the guarded
entrance issue from the SPA approval and directed City staff to return with a report on the issue.
Staff recommendation: Council approve the use of guarded entrances in Village One south of
Palomar Street. (Director of Planning and Building)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
Agenda
7
March 23, 1999
23. MAYOR'S REPORTS
A. Ratification of appointment to the Safety Commission - Jose A. Lopez (to fill vacancy
created by Commissioner Hoke, whose term expires June 30, 1999.
24. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session, thence to a Joint Meeting of the City Council/Growth
Management Oversight Commission/Planning Commission on March 29, 1999
at 6:00 p.m. in the Council Conference Room, Administration Building, thence to
an Adjourned Meeting of the City Council on March 30, 1999 at 6:00 p.m. in the
Council Chambers, and thence to the Regular Meeting on April 13, 1999, at 6:00
p.m. in the Council Chambers.
March 17, 1999
SUBJECT:
The Honorable Mayor and City Council /' ~AA
David D. Rowlands, Jr., City Manage~ ~ ~V~
City Council Meeting of March 23, 1999
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 23, 1999. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 3/16/99, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a letter from the Hilltop High Music Tech Ensemble Students and
Dennis Mauricio, Director, requesting financial support to perform at the
California State Capitol and at Pier 39 in San Francisco. The City has for the
past several years, under Council Policy 159-02, contributed financial assistance
for the Music Tech Ensemble to perform at various venues, in exchange for their
performing at a City event during the calendar year. IT IS THEREFORE
RECOMMENDED THAT $250 OF THE COUNCIL CONTINGENCY FUND BE
GRANTED TO THE MUSIC TECH ENSEMBLE IN EXCHANGE FOR THEIR
PERFORMANCE AT ONE CITY EVENT THIS YEAR.
5c. This is a letter, with a petition from Victor Saba, requesting that the game room
at Norman Park Center be opened on weekends and that the hours of the Center
be changed. This issue will be considered as part of the 1999-2000 budget
process. IT IS RECOMMENDED THAT STAFF CONTACT MR. SABA AND
INFORM HIM THAT THIS ISSUE WILL BE BROUGHT FORWARD DURING
THE BUDGET PROCESS.
5d. IT IS RECOMMENDED THAT CINDY MILLER'S RESIGNATION FROM THE
SAFETY COMMISSION BE ACCEPTED WITH REGRET AND THAT THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO
THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
DDR:mab
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CllY OF
CHUlA VISfA
OFFICE OFTHE CITY ATTORNEY
Date:
From:
March 23, 1999
The Honorable Mayor and City COU9!.Cil ~
John M. Kaheny, City Attorney
Report Regarding Actions Taken i Closed Session
for the Meetings of 3/16/99
To:
Re:
The City Council of the City of Chula Vista met in Closed Session
on 3/16/99 to discuss:
CONFERENCE WITH LEGAL COUNSEL REGARDING -
. Existing Litigation pursuant to Government Code Section
54956.9 (a):
1. Update on status of city of Chula vista vs. Federal
Home Loans Corp. Case Number SB632.
. Significant exposure to litigation pursuant to Government
Code Section 54956.9(b)
2. Claim Numbers 98-14-007 & 98-14-008 - Malta Avenue.
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the
City Attorney participated, that there were no reportable actions
which are required under the Brown Act to be reported.
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
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RECEIVED
MarchI, 1999
CITY OF CHULA ViS
CITY CLERK'S OFF I
H; fT:-l I-~ n \lOB I'
r;-:~':'
; .
Shirley Horton, Mayor
Chula Vista City Council Members:
John Moot
Steve Padilla
Mary Salas
Patty Davis
276 Fourth Avenue
Chula Vista CA 91910
_.
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Dear Mayor Horton and City Council Members:
As members of the Hilltop High School Music Tech Ensemble we have come to understand the importance
of community support, and realize that the opportunities that we have been given, and continue to receive,
would never be possible without this support. This year we have been invited to perform on the steps of the
California State Capitol as well as at Pier 39 in San Francisco We are very happy and excited to report that
we have already raised over three-fourths of the money needed At this time, we would like to request the
city council for a donation, letting you know at the same time that we will be performing for the community
during the ArtsF est in April.
We have raised money in various ways in addition to our performances. We have continued to sell our
previously recorded albums; Kaleidoscope, featuring such songs as Birdland. Chariots of Fire, Come Rain
ur Cume Shine, our Song.s of the Seasons holiday album and Digital Genesis, our first album. In addition we
had a yard sale and sold cookie and pizza dough and held a rehearsal marathon which we obtained sponsors
for Each family is also contributing a set amount We still have another yard sale scheduled for March 6,
1999.
We would also like to take this opportunity to inform the Mayor and council members of the dates of the
spring concert - May 7th & 8th, at 7:00 PM, and to let each of you know there will be two complimentary
VIP tickets available for each of you on either of the nights you choose. More information will be forwarded
in a few weeks, but we would like you to mark your calendars now, in hopes that some of you might be able
to attend one of the performances.
We are very grateful to be in a school district that supports the arts programs so generously, and we are
additionally thankful for the city support in the past Thank you in advance, for your consideration of this
request
~~" '~4':'<ff.:'l.." pj~:,"":.,tt: .''"'''\_~'''',:' ,','(>, '. ,', .., ':', "",r:.,,)'.MI;', "~;',;,!_':-''''':~r'' ,i!l.S
YlfK~. it;~~ ~'~i""ill".i:.~';'.r~iol~A Ii a...fkl'~
;;-.. J ~3 ft; 7'
The Hilltop High Music Tech Ensemble Stu.d~nts. 0 ,,?,' '/ < y /
& LC-'~~~(L/) 0..; v-/ /'~
Dennis Mauricio, Director ., /,. /cJ' ~ ,t? , (.\ ,
/ c1. -I ~ ,uJ--'\
Sincerely,
Hilltop High School Music Technology
555 Claire A: Due
S}J~/
Chula
, :1 I',:') J ~ 1"1 \1 I,:
l~ YJ ' .' I i~1 I
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MARCH lST. 1999
TO UllOM TT MAY CONCERN,
TilTS PETTTTON TS DRAT'TED ON BEHA',F OF ALT. MEMBERS AND SENTORS
OF NORMAN SENTOR CENTER LOCATED ON F STREET HERE TN CHULA VTSTA.
WE AS MEMBERS OF THTS CENTER LOVE THTS CENTER AND TT TS THE BEST
CENTER AROUND. THE GAME ROOM WAS BUTLT BUT STAFFTNG WAS NOT FUNDED.
THEREFORE THE GAME ROOM TS OPEN ONLY WHEN VOLUNTEERS ARE AVATLABLE
FROM Barn TO 4prn MONDAY THROUGH FRTDAY. CURRENTLY NORMAN PARK CENTER
TS CLOSED ON SATURDAY,S AND SUNDAY,S. THTS BUTLDTNG TS PROGRAMMED
TO CAPACTTY EVERY NTGHT THAT TT TS OPEN CURRENTLY. ANOTHER NTGHT
MAY BRTNG NEW YOUNGER SENTORS TO THE FACTLTTY TF PROGRAMMED
APPROPRTATELY. OUR GAME ROOM HAS TO BE OPENED ON WEEK ENDS FROM
Barn TO 6 pm SO WE CAN USE THE SHUFFLE BOARD , POOL TABLE , AND TABLE
TENNTS. ALSO UE WANT THE HOURS TN THE CENTER TO BE AS FOLLOWS
MONDAY THROUGH FRTDAY FROM Barn TO 10pm AND ON SAT. AND SUN. FROM
Barn to 6pm.
STNCERELY YOURS
VTCTOR SimA
476-0110
CC: Council
City Manager
David Palmer
LC~
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SC-7
RECEIVED
February 19, 1999
'99 MR 12 All:48
CITY OF CHULA VISI,
CITY CLERK'S OFFICI
419 Vista Way
Chula Vista, CA 91910
Mr. John Liken, Chair
Chula Vista Safety Commission
Department of Public Works, Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Dear John:
It is with regret that I am submitting my resignation as a member of the Safety
Commission effective immediately.
With my current employment responsibilities and other commitments, it is difficult
to find time to be with my family. I have enjoyed being a member of the Safety
Commission; however, difficult decisions sometimes must be made. If possible, I
would appreciate receiving a copy of the Agenda since many times there are
items that impact the school district. Thank you and I'm sure I'll be seeing you in
the future.
Sincerely,
~~
Cindy Miller
WRITTEN
CL:::i ~~(~)
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ORDINANCE NO. J 7 ? i R'\\O~
AN ORDINANCE OF THE CITY OF CHULA VIST A}.~\) ,\>-\fJ
EST ABLISHING CHAPTER 2.02 OF THE q~~'lAGvIST A
MUl\'1CIPAL CODE RELATING TO C~~CT OF INTEREST
{~D"\
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The City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Chapter 2.02 be added to the Chula Vista Municipal Code to read as
follows:
Sec. 2.02.010
Purpose and Intent.
The City Council intends to implement Government Code Sections 87300 through 87313
pertaining to conflict of interest codes for local agencies. The City Council also intends to
implement all appropriate penalties for persons required to file under this ordinance who fail to
do so in a timely fashion.
Sec. 2.02.020
The City Council as Code Reviewing Body for Conflict ofInterest.
The City Council shall serve as the Code Reviewing Body under Government Code
Section 87303 for review and adoption of the conflict of interest codes for all persons associated
with the City Chula Vista and required to file a statement of economic interest with the Fair
Political Practices Commission. All Statements of Economic Interest shall be filed with the City
Clerk who shall be responsible for filing with the Fair Political Practices Cornmission.
Sec. 2.02.030
Conflict ofInterest Code of the City ofChula Vista.
(a) The Political Reform Act, Government Code Sections 81000, et seq., requires local
government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation, 2 Cat Code of Regs.
Section 18730, which contains the terms ofa standard model Conflict ofInterest
Code, which is incorporated by reference, and which may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform
Act after public notice and hearings. Therefore, the terms of 2 Cat Code of Regs.
Section 18730 and any amendments to it, except Section 9.5, duly adopted by the
Fair Political Practices Commission, along with the attached Appendix in which
officials and employees are designated and disclosure categories are set forth, are
hereby incorporated by reference and constitute the Conflict ofInterest Code of the
City ofChula Vista.
(b) Designated employees shall file statements of economic interests based on the below
listed disclosure categories with the Fair Political Practices Commission which will
make the statements available for public inspection and reproduction pursuant to
Government Code Section 81008.
~i-/
(c) Disclosure Categories are:
]. Investments in real property.
2. Interests in real property.
3. Investments, interests in real property and sources of income subject to the
regulatory, permit or licensing authority of the department.
4. Investments in business entities and sources of income which engage in
land development, construction or the acquisition or sale ofreal property.
5. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the City of Chula Vista or
Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
6. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or
equipment.
7. Business positions.
Sec. 2.02.040 Exception for Solely Advisory Boards and Commissions.
(a) The City Council finds that certain of the City's boards and commissions, as listed in
subsection (c), are "solely advisory" within the meaning of Government Code Section 87]00,
and are therefore, not required by law to have conflict of interest codes.
(b) For those boards and commissions not required by law to have conflict of interest
codes, the City Council declares that citizens serving as volunteers on those boards
and commissions shall not be required to complete and submit economic disclosure
forms and shall not be required to disqualify themselves from deliberations or
decision making for economic reasons
(c) Advisory Boards and Commissions
(I) Child Care Commission
(2) Commission on Aging Members
(3) Cultural Arts Commission
(4) Housing Advisory Commission
(5) Human Relations Commission Members
(6) International Friendship Commission Members
(7) Parks and Recreation Commission Members
(8) Resource Conservation Commission Members
(9) Safety Commission Members
(10) United Nations Day Committee
(]]) Veterans Advisory Committee
(12) Youth Commission
~ h-::2-
SECTION II: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented and Approved as to form by
.~
t,-3
DESIGNATED EMPLOYEES
DISCLOSURE CATEGORY
~ ~1a)'eF/CeHReilmem13ers/Cflairmaa'
~10mBerS efthe Reaevels]9meflt .^..geney
2. City Mal1ager
3. City ~^..tt8mey
4. fiFl8f1ee Direeter
5. .'\$51. Piflaflee Direeter
6. ~,1elReers of Plaflfliflg COlRmissisfl
7.
8.
9.
10.
11.
12.
Director of Community Development
1,2, 7
City Clerk
1,2,7
Deputy City Clerk
1,2,7
Assistant City Attorneys
1,2,7
Deputy City Attorney
1,2,7
All other Dept. Heads,
Asst. and Deputy City Managers and
Assistant and Deputy Dept. Heads
1,2,7
13. .\nimal Ceatrel ~faFlager
14. 4^..ssistant to ~1a)'er ana Cel.iAeil
15.
16.
17.
.J-&,
19.
20.
Battalion Chief
3,6
BEBC Manager
1,2,7
BECA Board of Directors
1,2,7
BECA Contract Manager
1,2,7
BECA Director
1,2,7
Building and Housing Inspectors
(Senior, II and I) and Code Enforcement Officers
3, 7
~&-f
21.
Building and Services Superintendent
22. Bl:ls;et ~faBager
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
Business Office Manager
Buyer
Chief Plans Examiner
Civil Engineer
Collections Supervisor
Conservation Coordinator
Cultural Arts Coordinator
Development Projects Manager
Educational Services Coordinator
Economic Development Coordinator
Environmental Resource Manager
Environmental Review Coordinator
Fleet Manager
Fire Marshall
Geo!p"<\phic Information Systems Manager
Housing Coordinator
Open Space Coordinator
Open Space Inspector
Landscape Architect
42. Library ;\.1:ltematiElR ~4:ana,;er
-t -7
3,5,6
5
1,7
3
3,4,5
2,4,7
3,4,6,7
3,4,6,7
3,4,6,7
3,4,6,7
3,4,6,7
3,4,6,7
3,4,6,7
5,6
3,6
3,4,6,7
3,4,7
4,6
4,6
2,4,7
c:, -,5"
43. Peffilit BRgiReer
44. Plans Examiner
45. Police Captain
46. Principal Community Development Specialist
47. Principal Librarian
48. Principal Management Analyst
49. Principal Management Ass!.
50. Principal Planner
1,2,7
1,2,7
3,4,6,7
6
5,7
5, 7
1,2,7
51. Principal Revenue Analvst
52. Public Information Coordinator
53. Public Works Inspector (Senior, I and II)
54. Public Works Maintenance Superintendent
55. Purchasing Agent
56. Redevelopment Coordinator
57. Revenue and Recovery Manager
58. Risk Manager
59. Senior Accountant
60. Senior Civil Engineer
61. Senior Economic Development Specialist
1,2,7
4,5
3,4
1,2, 7
1,7
3,4,6,7
1,2,7
1,7
3
3,4,5
3,4,6,7
5,6,7
3,6
3,4,6,7
2,4,7
62. Senior Librarian
63. Senior Parks Supervisor
64. Senior Personnel Analyst
65. Senior Planner
.~&-t
66.
67.
68.
69.
70.
71.
72.
73.
74.
Senior Recreation Supervisor
Training and Development Coordinator
Transit Coordinator
1,2,7
3,4,6,7
5, 7
3,4,5
2,5
1,2,7
2,6,7
Traffic Engineer
Board of Appeals and Advisors Members
Board of Ethics Members
Board of Library Trustee Members
Charter Review Commission Members
1,2,7
Civil Service Commission Members
3
75. CemmissieR OR :\giRt; Memeers
76.
77.
78.
Design Review Committee Members
Economic Development Commission Members
Growth Management Oversight Committee Members
2,4,7
1, 2, 7
2,4,7
79. Hl:lFflQ:fl Relations Cemmissiefl ~fefRS0rS
80. IatematioF1al Friefu:lsaiJ3 CemmissioR ~1efflBers
81.
82.
83.
Mobile Home Rent Review Committee
Otay Valley Road Project Committee Members
1,2,7
3, 7
Pad~s aRa ReeFeatisFl Cemmissi0F1 ~1emBeF5
2,4,7
84. ReS81:lree CeRsen:atieR CemmissioA ~4emBefs
85. Safety CommissisR Memeers
86. Sswtawest Projeet /\rea Cammittee }.1eFRsers
87.
Town Centre Project Area Committee Members
3,7
88. Consultants*
/~CL-
~ &-7
(* Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated
position," is hired to perform a range of duties that is limited in scope and thus is not required to
fully comply with the disclosure requirements in this section. Such written determination shall
include a description of the consultant's duties and, based upon that description, a statement of
the extent of disclosure requirements. The City Manager's determination is a public record and
shall be retained for public inspection in the same manner and location as this conflict of interest
code.)
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http:...www.Jppc.ca.govleg<.tlrcgs.j;:... _-II III
(Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of
Regulations. )
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and
the formulation of disclosure categories in the Appendix referred to below constitute the adoption and
promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the
amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the
terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so
amended or adopted and promulgated requires the reporting of reportable items in a manner substantially
equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code
Sections 81000, et seq. The requirements ofa conflict of interest code are in addition to other requirements
of the Political Reform Act, such as the general prohibition against conflicts of interest contained in
Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation
are as follows:
(1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the
Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments
to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated
employees. It has been determined that these persons make or participate in the making of decisions which
may foreseeably have a material effect on financial interests.
(3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those
designated employees who are also specified in Government Code Section 87200 if they are designated in
this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly
included within the jurisdiction in which those persons must report their financial interests pursuant to
Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are
designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction
of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of
Chapter 7 of the Political Reform Act, Government Code Section 87200; and
(C) The filing officer is the same for both agencies.ill
Such persons are covered by this code for disqualification purposes only. With respect to all other
designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial
interests are reportable. Such a designated employee shall disclose in his or her statement of economic
interests those financial interests he or she has which are of the kind described in the disclosure categories
to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth
in a designated employee's disclosure categories are the kinds of financial interests which he or she
foreseeably can affect materially through the conduct of his or her office.
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2'22'<)<) )().42 I
http://www.fppc.ca.gov.lcgaLTcgs.1 S:30.htl
(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all
designated employees within its code to file statements of economic interests with the agency or with the
code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.W
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of this code,
as originally adopted, promulgated and approved by the code reviewing body, shall file statements within
30 days after the effective date of this code. Thereafter, each person already in a position when it is
designated by an amendment to this code shall file an initial statement within 30 days after the effective
date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this
code shall file statements within 30 days after assuming the designated positions, or if subject to State
Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than Aprill.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30
days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns
within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing
officer to file an assuming office statement, is not deemed to have assumed office or left office, provided
he or she did not make or participate in the making of, or use his or her position to influence any decision
and did not receive or become entitled to receive any form of payment as a result of his or her appointment. .
Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do
both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty ofpeIjury that during the period
between appointment and resignation he or she did not make, participate in the making, or use the position
to influence any decision of the agency or receive, or-become entitled to receive, any form of payment by
virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents ofInitial Statements. Initial statements shall disclose any reportable investments, interests in
real property and business positions held on the effective date of the code and income received during the
12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable
investments, interests in real property and business positions held on the date of assuming office or, if
subject to State Senate confirmation or appointment, on the date of nomination, and income received
during the 12 months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
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(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests
in real property, income and business positions held or received during the previous calendar year
provided, however, that the period covered by an employee's first annual statement shall begin on the
effective date of the code or the date of assuming office whichever is later.
(D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable
investments, interests in real property, income and business positions held or received during the period
between the closing date of the last statement filed and the date ofleaving office.
(7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by
the Fair Political Practices Commission and supplied by the agency, and shall contain the following
information:
(A) Investments and Real Property Disclosure. When an investment or an interest in real propertyW is
required to be reported,ill the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the
business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property exceeds one
thousand dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand
dollars ($100,000).
(B) Personal Income Disclosure. When personal income is required to be reported,ill the statement shall
contain:
I. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in
value or fifty dollars ($50) or more in value if the income was a gift; and a general description of the
business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the
highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand
dollars ($1,000), or greater than ten thousand dollars ($10,000);
3. A description of the consideration, ifany, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through
which the gift was made; a description of the gift; the amount or value of the gift; and the date on which
the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of
the loan.
(C) Business Entity Income Disclosure. When income ofa business entity, including income ofa sole
proprietorship, is required to be reported,llU the statement shall contain:
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I. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share
of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported, a designated
employee shall list the name and address of each business entity in which he or she is a director, officer,
partner, trustee, employee, or in which he or she holds any position of management, a description of the
business activity in which the business entity is engaged, and the designated employee's position with the
business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement,
if an investment or an interest in real property was partially or wholly acquired or disposed of during the
period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept any honorarium from any source, if the member or employee would be required to
report the receipt of income or gifts from that source on his or her statement of economic interests. This
section shall not apply to any part-time member of the governing board of any public institution of higher
education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this
section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel and related
lodging and subsistence authorized by Government Code Section 89506.
(8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of $290.
(A) No member of a state board or commission, and no designated employee of a state or local government
agency, shall accept gifts with a total value of more than $290 in a calendar year from any single source, if
the member or employee would be required to report the receipt of income or gifts from that source on his
or her statement of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (e), (t), and (g) of Government Code Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to
office through the date that he or she vacates office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency in which the elected officer holds office or
over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d),
(e), (t), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a
personal loan from any officer, employee, member, or consultant of the state or local government agency in
which the public official holds office or over which the public official's agency has direction and control.
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This subdivision shall not apply to loans made to a public official whose duties are solely secretarial,
clerical. or manual.
(C) No elected officer of a state or local government agency shall, from the date of his_or her election to
office through the date that he or she vacates office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has been elected or over
which that elected officer's agency has direction and control. This subdivision shall not apply to loans
made by banks or other financial institutions or to any indebtedness created as part of a retail installment or
credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of
business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d),
(e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a
personal loan from any person who has a contract with the state or local government agency to which that
elected officer has been elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness
created as part ofa retail installment or credit card transaction, if the loan is made or the indebtedness
created in theJender's regular course of business on terms available to members of the public without
regard to the elected officer's official status. This subdivision shall not apply to loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any
such persons, provided that the person making the loan is not acting as an agent or intermediary for any
person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any
given time.
4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall,
from the date of his or her election to office through the date he or she vacates office, receive a personal
loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms
of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the
loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of
interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse
of any such person, provided that the person making the loan is not acting as an agent or intermediary for
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any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January I, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government
Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall
become a gift to the designated employee for the purposes of this section in the following circumstances:
I. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action
for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the
following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($ I 00) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred
fifty dollars (5250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has
taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based
on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a
creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the
decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in
bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government
Code.
(9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way
attempt to use his or her official position to influence the making of any governmental decision which he or
she knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her immediate
family or on:
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(A) Any business entity in which the designated employee has a direct or indirect investment worth one
thousand dollars ($1,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth one thousand
dollars (5 I ,000) or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the
regular course of business on terms available to the public without regard to official status, aggregating two
hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated
employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee,
or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $290 or more
provided to; received by, or promised to the designated employee within 12 months prior to the time when
the decision is made.
(9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making
or participating in the making of any decision to the extent his or her participation is legally required for
the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed
to break a tie does not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general
disqualification provisions of Section 9, no state administrative official shall make, participate in making,
or use his or her official position to influence any governmental decision directly relating to any contract
where the state administrative official knows or has reason to know that any party to the contract is a
person with whom the state administrative official, or any member of his or her immediate family has,
within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public,
regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public
regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.
(10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should
not make a governmental decision because he or she has a disqualifying interest in it, the determination not
to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this
determination and disclosure shall be made part of the agency's official record; in the case of a designated
employee who is the head ofan agency, this determination and disclosure shall be made in writing to his or
her appointing authority; and in the case of other designated employees, this determination and disclosure
shall be made in writing to the designated employee's supervisor.
(II) Section II. Assistance of the Commission and Counsel. Any designated employee who is unsure of
his or her duties under this code may request assistance from the Fair Political Practices Commission
pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that
nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations. This code has the force and effect oflaw. Designated employees violating any
provision of this code are subject to the administrative, criminal and civil sanctions provided in the
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Political Refonn Act, Government Code Sections 81000 - 91015. In addition, a decision in relation to
which a violation of the disqualification provisions of this code or of Government Code Section 87100 or
87450 has occurred may be set aside as void pursuant to Government Code Section 91003.
'Jote: Authority: Section 83112, Gov. Code
Reference: Sections 87103(e), 87300-87302, 89501, 89502, and 89503, Gov. Code
Historv
(1) New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Compliance included.
(2) Editorial correction.
(3) Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter.
(4) Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter.
(5) Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter.
(6) Amendment filed 4-13-87; effective thirtieth day thereafter.
(7) Amendment of subsection (b) filed 10-21-88; effective thirtieth day thereafter.
(8) Amendment filed 8-28-90; effective thirtieth day thereafter.
(9) Amendment filed 8-7-92; effective thirtieth day thereafter.
(10) Amendment filed 2-5-93; effective upon filing.
(11) Amendment filed 3-14-95; effective upon filing.
(12) Amendment filed 10-23-96; effective upon filing.
(13) Amendment filed 4-9-97; effective upon filing.
(14) Amendment filed 8-24-98; effective upon filing. .
I. Designated employees who are required to file statements of economic interests under any other
agency's conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement
of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded
statement with both entities in lieu of filing separate and distinct statements, provided that each copy of
such expanded statement filed in place of an original is signed and verified by the designated employee as
ifit were an original. See Government Code Section 81004.
2.See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing
officers and persons in agencies who make and retain copies of statements and forward the originals to the
filing officer.
3. For the purpose of disclosure only (not disqualification), an interest in real property does not include the
principal residence of the filer.
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4. Investments and interests in real property which have a fair market va)ue of less than S 1 ,000 are not
investments and interests in real property within the meaning of the Political Reform Act. However,
investments or interests in real property of an individual include those held by the individual's spouse and
dependent children as well as a pro rata share of any investment or interest in real property of any business
entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct,
indirect or beneficial interest of 10 percent or greater.
5. A designated employee's income includes his or her community property interest in the income of his or
her spouse but does not include salary or reimbursement for expenses received from a state, local or federal
govenunentagency.
6. Income ofa business entity is reportable if the direct, indirect or beneficial interest of the filer and the
filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of
persons who are clients or customers of a business entity is required only if the clients or customers are
within one of the disclosure categories of the filer.
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COUNCIL AGENDA STATEMENT
Item:~
Meeting Date: 03/23/99
Resolution / '137'7 Accepting a donation from the Friends of the
Library in the amount of $1,600 to help defray costs associated with
Proposition L informational materials
SUBMITTED BY: Director of Library and ReC~\!\O~
REVIEWED BY: City Manage~ ~ ~J (4/5ths Vote: YES --2L NO_)
The Friends of the Library are donating $1,600 to help defray costs which have been incurred for
the printing of informational materials for Proposition L.
ITEM TITLE:
STAFF RECOMMENDATION: That Council adopt the Resolution accepting the donation from the
Friends of the Library in the amount of $1,600.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The donation by the Friends of the Library will be deposited in the General Fund
to defray expenses already budgeted and appropriated for the printing of informational materials
associated with Proposition L.
FISCAL IMPACT: The $1,600 donation will effectively reimburse the City General Fund for a
portion of the Proposition L materials cost.
[h:\home/library\a113\friends.A 13]
7./!
RESOLUTION NO. ~;7~)i~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A DONATION FROM THE
FRIENDS OF THE LIBRARY IN THE AMOUNT OF $1,600
TO HELP DEFRAY COSTS ASSOCIATED WITH
PROPOSITION L INFORMATIONAL MATERIALS
WHEREAS, the Friends of the Library are donating $1,600
to help defray costs which have been incurred for the printing of
educational materials for Proposition L; and
WHEREAS, the donation by the Friends of the Library will
be deposited in the General Fund Account 100-3857 to defray
expenses already budgeted and appropriated for the printing of
educational materials associated with Proposition L.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept a donation from the Friends
of the Library in the amount of $1,600 to help defray costs
associated with Proposition L informational materials.
Presented by
Approved as to form by
Attorney
David Palmer, Library and
Recreation Director
H:\home\lorraine\rs\friends don
//~
COUNCIL AGENDA STATEMENT
Item: Y
Meeting Date: 03/23/99
ITEM TITLE:
Resolution ) 9 J;7 c; approving the application for Tidelands Activity
Permits from the San Diego Unified Port District for the Festival of the Arts,
the Fourth of July Fireworks Display, and the Summer Pops Concert
Library and Recreation Direct~
C", MOO"".I1:z- 1 @ (415th. Vote, v.. - No 1<]
SUBMITTED BY:
REVIEWED BY:
The City is sponsoring three large special events that will be conducted on Chula Vista's bayfront
within the next six months. Since these events are being partially or completely operated on
property owned by the San Diego Unified Port District (SDUPD), the Port is requiring the City to
apply for Tidelands Activity Permits, which include indemnification and hold harmless language.
STAFF RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to sign
the Port District's Tidelands Activity Permits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The City is planning to host three major special events on the bayfront in the next
six months; the "Taste of the Arts" festival on Saturday, April 10, the Fourth of July Fireworks
Display, and the "Summer Pops" symphony concert on Sunday, August 22, 1999.
Since these events are being conducted on Port District property, the City is required to complete
the District's standard Tidelands Activity Permits, which include indemnification language. It should
be noted that the Port District Activity permit gives the Port Authority the right to a 24-hour
cancellation notice, which, if exercised, would terminate the scheduled activity.
Copies of the Tidelands Activity Permit for each event are included as Attachments "A" - "C".
FISCAL IMPACT: There is no direct fiscal impact involved with the approval of this resolution.
Attachments: "A" - Tidelands Activity Permit - Festival of the Arts
"8" - Tidelands Activity Permit - Fourth of July Fireworks Display
"C" - Tidelands Activity Permit - Summer Pops Concert
f)' I
RESOLUTION NO. j j.3 9 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR
TIDELANDS ACTIVITY PERMITS FROM THE SAN DIEGO
UNIFIED PORT DISTRICT FOR THE FESTIVAL OF THE
ARTS, THE FOURTH OF JULY FIREWORKS DISPLAY,
AND THE SUMMER POPS CONCERT, AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, the City is sponsoring three large special
events that will be conducted on Chula Vista's bayfront within the
next six months: the "Taste of the Arts" festival on Saturday,
April 10, the fourth of July Fireworks Display and the "Summer
Pops" symphony concert on Sunday, August 22, 1999; and
WHEREAS, since these events are being conducted on Port
District property, the City is required to complete the District's
standard Tidelands Activity Permits, which includes indemnification
language.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the application for
Tidelands Activity Permits from the San Diego Unified Port District
for the Festival of the Arts, the Fourth of July Fireworks Display
and the Summer Pops Concerts.
BE
authorized to
Permits.
IT FURTHER RESOLVED that the Mayor is hereby
execute the Port District's Tidelands Activity
Presented by
Approved as to form by
David Palmer, Director of
Library and Recreation
Cit
H:\home\attorney\reso\tideland.per
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ATTACHMENT A
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
Citv of Chula Vista
USE OR ACTIVITY:
Festival of the Arts
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park and adiacent vacant lots
EFFECTIVE DATES:
Aoril9 & 10. 1999
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Pennittee shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
penn it in a clean, safe and sanitary manner and in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This penn it may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittee, or
injury to or death of any person or persons, including employees of Permittee,
resulting directly or indirectly from activities in connection with the issuance and
perfonnance of this penn it or arising from the use of the property, facilities, or services
of District, its officers or employees.
W--.J
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B)
Property Damage
$
One Million ($1,000,000) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Department. Insurance certificates filed pursuant
to this permit shall contain a non-cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property of the District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittee shall comply with all requirements and directives of the Port Director of
District.
11. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittee's signature
Address:
Citv of Chula Vista - Library & Recreation DeDartment
276 Fourth Avenue Chula Vista. CA 91910
Telephone:
1619\ 585-5627
g-~i
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received
in CR Dept:
Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista and the San Diego Unified Port District
2. Address and telephone number of contact person:
Ric Todd, Cultural Arts Coordinator
City of Chula Vista - Library & Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 585-5627
3. What type of event is planned?
Community-based Arts Festival featuring live entertainment, vendors, information booths,
public displays, interactive activities for children
4. Where exactly on the bayfront?
Marina View Park - event site
Adjacent vacant lots - parking
5. Day and date of event:
Friday & Saturday, April 9 & 10, 1999 (set-up only on 4/9)
6. Time: Start 6:00 AM
Finish 9:00 PM
7. Will traffic be affected?
Heavier volume only - no street closures requested
8. How may persons expected to attend?
5,000 - 9,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/93
~/ S"
ATTACHMENT B
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
Citv of Chula Vista
USE OR ACTIVITY:
Fourth of Julv Fireworks Displav
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park. Bav Side Park. "J" St. Marina and
adiacent vacant lots
EFFECTIVE DATES:
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Permittee shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
permit in a clean, safe and sanitary manner and in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This permit may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittee, or
injury to or death of any person or persons, including employees of Permittee,
resulting directly or indirectly from activities in connection with the issuance and
performance of this permit or arising from the use of the property, facilities, or services
of District, its officers or employees.
8'-?
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B)
Property Damage
$
One Million ($1,000,000) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Department. Insurance certificates filed pursuant
to this permit shall contain a non-cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property of the District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittee shall comply with all requirements and directives of the Port Director of
District.
11. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittee's signature
Address:
Citv of Chula Vista - Library & Recreation DeDartment
276 Fourth Avenue Chula Vista. CA 91910
Telephone:
16191585-5619
6'~ ?
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received
in CR Dept:
Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista
2. Address and telephone number of contact person:
Brian Cox, Senior Recreation Supervisor
City of Chula Vista - Library & Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 585-5619
3. What type of event is planned?
Fireworks display; fireworks launched from barge in bay
4. Where exactly on the bayfront?
Marina View Park, Bayside Park, "J" Street Marina, vacant lots (for parking)
5. Day and date of event:
Sunday, July 4, 1999
6. Time: Start 6:00 AM
Finish 11 :00 PM
7. Will traffic be affected?
Heavier volume, some street closures and/or traffic flow restrictions; Chula Vista Police
Department will coordinate and control traffic throughout the area during the event
8. How may persons expected to attend?
15,000 -20,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/93
8'~~
ATTACHMENT C
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
Citv of Chula Vista
USE OR ACTIVITY:
Outdoor Svmphonv Concert
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park and adiacent vacant lots
EFFECTIVE DATES:
Auaust 22 1999
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Pennittee shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
pennit in a clean, safe and sanitary manner and in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This pennit may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittee, or
injury to or death of any person or persons, including employees of Pennittee,
resulting directly or indirectly from activities in connection with the issuance and
perfonnance of this pennit or arising from the use of the property, facilities, or services
of District, its officers or employees.
fj"/
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B)
Property Damage
$
One Million ($1,000,000) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Department. Insurance certificates filed pursuant
to this permit shall contain a non-cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property of the District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittee shall comply with all requirements and directives of the Port Director of
District.
11. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittee's signature
Address:
Citv of Chula Vista - Library & Recreation DeDartment
276 Fourth Avenue Chula Vista. CA 91910
Telephone:
(619) 585-5627
g>/o
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received
in CR Dept:
Please comDlete each item below.
1. Sponsoring individual or group:
City of Chula Vista and the San Diego Unified Port District
2. Address and telephone number of contact person:
Ric Todd, Cultural Arts Coordinator
City of Chula Vista - Library & Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 585-5627
3. What type of event is planned?
Outdoor symphony concert
4. Where exactly on the bayfront?
Marina View Park - event site
Adjacent vacant lots - parking
5. Day and date of event:
Sunday,August22,1999
6. Time: Start 6:00 AM
Finish 10:00 PM
7. Will traffic be affected?
Heavier volume only - no street closures requested
8. How may persons expected to attend?
5,000 - 6,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands ,,"II be
canceled.
4/93
Jtr//
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 03/23/99
<9
REVIEWED BY:
Resolution /9 7c:J?? accepting a grant from California Healthy Cities
and Communities; and Amending the FY 98/99 budget and appropriating
grant funds in the amount of $25,900 to continue the City's Youth Takin' On
Tobacco Project; and endorsing a broad-based public policy approach to
community improvement and the promotion of a healthful environment for
City residents
Library and Recreation Dire~\\Y(sf
City Manage~7J ~\
(4/5ths Vote: Yes X No-->
ITEM TITLE:
SUBMITTED BY:
On July 24, 1998, California Healthy Cities and Communities received a grant award from the
Tobacco Control Section of the California Department of Health Services to help Healthy Cities
grantees continue programs designed to discourage tobacco use by youth. On February 16, 1999,
the City was informed by California Healthy Cities and Communities that we had been awarded a
18 month grant for $25,900 to continue our own "Youth Takin' On Tobacco" project.
STAFF RECOMMENDATION: That City Council adopt the resolution, accepting the grant from
California Healthy Cities, appropriating $25,900 to continue the Youth Takin' on Tobacco project,
and endorsing a broad-based public policy approach to community improvement and the promotion
of a healthful environment for City residents.
DISCUSSION: The City recently completed a 14 month long tobacco education program entitled
"Youth Takin' on Tobacco" funded by California Healthy Cities and Communities. One of the
hallmarks of the project was the collaboration between the City and the San Diego County 4-H
Youth Education Foundation to implement the project.
Based on the success of that program, California Healthy Cities has renewed the City of Chula
Vista's grant for 18 months (January 1, 1999 - May 31,2000) in the amount $25,900.
During implementation of this second phase, the City will again work collaboratively with the San
Diego County 4-H Youth Education Foundation to build upon the foundation established by the
Department's previous tobacco education grant. The project will use the "Teens As Teachers"
model to train teen-age youth to be mentors to younger youth. Research has shown that peer-led
prevention programs have created reductions on both experimental and regular cigarette smoking.
In addition, the project will bring tobacco education curricula into the non-classroom setting, such
as the Department's AfterSchool programs.
The City's Human Services Coordinator will again serve as the project manager, and will be
responsible for completing and submitting the required reports to the California Healthy Cities
Project. The Department will disburse funds to the 4-H upon receipt of appropriate expense and
[H:\HOME\PARKSREC\A 113\ YTOTGRNT.AI3]
1
9~)
programmatic documentation. Payments are made based on clear expectations and performance
according to the proposal submitted to the California Healthy Cities and Communities.
FISCAL IMPACT: The California Healthy Cities and Communities has awarded the City a grant
for $25,900 for the Youth Takin' On Tobacco project. These funds will be deposited into a grant
account, Healthy Cities Project Grant/Tobacco (290-2903). The grant will cover all direct project
costs. The City will contribute, in-kind, the salary and benefits of the Human Services Coordinator,
at an estimated cost of $5,700 for the grant period. The Human Services Coordinator will spend
approximately two (2) hours per week on the project. Excepting the in-kind contribution, City
General Funds will not be required for this program.
Attachment:
A.
B.
Award Letter
Budget
H:\HOME\P ARKSREC\A 113\YTOTGRNT
2
9~2
RESOLUTION NO. J 9 fl~6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM CALIFORNIA
HEALTHY CITIES AND COMMUNITIES; AND AMENDING
THE FY 98/99 BUDGET AND APPROPRIATING GRANT
FUNDS IN THE AMOUNT OF $25,900 TO CONTINUE THE
CITY'S YOUTH TAKIN' ON TOBACCO GRANT; AND
ENDORSING A BROAD-BASED PUBLIC POLICY APPROACH
TO COMMUNITY IMPROVEMENT AND THE PROMOTION OF
HEALTHFUL ENVIRONMENT FOR CITY RESIDENTS
WHEREAS, on July 24, 1998, the California Healthy Cities
and Communities received a grant award from the Tobacco Control
Section of the California Department of Health Services to help
Healthy cities grantees continue programs designed to discourage
tobacco use by youth; and
WHEREAS, on February 16, 1999, the City was informed by
California Healthy Cities and communities that we had been awarded
an 18 month grant for $25,900 to continue our own "Youth Takin' On
Tobacco" project; and
WHEREAS, during implementation of this second phase, the
City will again work collaboratively with the San Diego County 4-H
Youth Education Foundation to build upon the foundation established
by the Department's previous tobacco education grant.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept a grant from the California
Healthy Cities and Communities in the amount of $25,900.
BE IT FURTHER RESOLVED that the city Council does hereby
amend the FY 98/99 budget and appropriate the grant funds in the
amount of $25,900 into a grant account Healthy cities Project
Grant/Tobacco (290-2903).
BE IT FURTHER RESOLVED that the City Council does hereby
endorse a broad-based public policy approach to community
improvement and the promotion of a healthful environment for city
residents.
Presented by
Approved as to form by
David Palmer, Director of
Library and Recreation
H:\home\attorney\reso\healthy.grt
7~3
11Q COmmUndleS
ATTACHMENT A
C~mer for CVIC P,rmersnJDs
y
~
~
February 16, 1999
\t!ayor Shirley Horton
City ofChula Vista
PO. Box l087
Chula Vista. CA 91912
Dear \t!ayor Horton:
It is with great pleasure that I inform you that the City of Chula Vista has been awarded a
renewal gram of 525,900 by California Healthy Ciues and Communmes :0 extend
Imp lementauon of the Tobacco Action Club program from January 1, 1999 through May 3 1.
2000. Lnder the grant program, entitled Youth Talan' Oil Tobacco, your proJect. to prOVIde
tobacco preventIon education to children under the age of 13 and to the community at large by
older youth trained as mentors, has the potentIal to discourage tobacco use bv youth while
creating opportuni ties for positive youth development
\Ve are delighted that the City ofChula Vista will contmue to be a pan of our erron to
oper:uionaiize a youth development approach to tobacco comroL Other ':lIles funded unde, the
same gram program include Vacaville. Escondido, OceanSIde. and Tulare.
The California Healthy Cities and Communities staffwil! contInue to provide technic:lI
asSIstance for implementing your city's program. In additlOn. as outlined III the applicauon tor
the grant. each city parricipating in Youth Ta/an '01/ Tobacco will also parllClpa[e in an overall
evaluatIon of:lll funded projects being carried out by evaluation consultants from Group
Health/Kaiser Permanence's Center for Health Promotion.
A Cram Agreemenr, delineating the terms of payment and responsibllities associ:lted with the
award will be forthcoming. If you have any questions. please contact Anne Klink. Coordinator.
~____._~__'(puth_Takin'_OnTobacco at (9L6}646-8694, or Gregory Shaffer. Locall'r:ogramDevelopmenL.
Admmistrator at (916) 646-8697.
.'\g:lin. on behalf of California Healthy Cities and CommunitIes. [ otTer our most SIncere
congratulations and wlsh you every success In makIng Chula Vista a more he:llthfu! commumty.
Sincerely.
r--. ~ A ~
'ra->L r//~
~oan M. Twiss
Director
cc: City Manager
CHCC City Representative
1-1/
A Center of the P~DIIC He:Jlrh InSJ.Jr,jJ~ _,
ATTACHMENT "B"
YOUTH TAKIN' ON TOBACCO
CALIFORNIA HEALTHY CITIES PROJECT
FISCAL YEAR 1998 - 99 and 1999 - 00
290-2903 -- CHCPNOUTH TAKIN' ON TOBACCO GRANT BUDGET
LINE ITEM AMOUNT DESCRIPTION
5202 - Contractual Services $24,400 All expenses related to carrying out the
program by the partner agency. May
include: general office supplies, personnel,
postage, promotional items, educational
material, curriculum, printing, incentives
and other miscellaneous items.
5398 - Other Commodities $1,500 Additional expenses related to program.
TOTAL $25,900
H:\HOME\PARKSREC\A113\YTOTGRNT
9-S-
COUNCIL AGENDA STATEMENT
MEETING DATE:
ITEM / tJ
March 23. 1999
Resolution / 9~.c ,(ccepting California State Library, Public Library
Foundation Funds awarded to the Chula Vista Public Library,
appropriating funds, and arnending FY 1998/99 budget
SUBMITTED BY: Library Director~ n A
REVIEWED BY: City Manag~~ ~l4l5th Vote: Yes X No_l
In signing the FY 1998/99 State budget, the Governor authorized an increase in the Public
Library Foundation (PLF) fund. As a result, the Chula Vista Public Library's share of the PLF
allocation has risen this year by 111 %, from $90,383 to $190,377. When the City Council
approved the FY 1998/99 budget, a transfer of $90,383 from PLF to the General Fund was
included in the City Manger's budget. The State Library has now formally issued this year's PLF
payment with the augmented funds. The Library requests that the unanticipated $99,994 be
appropriated primarily into the Library's General Fund circulating book budget, as well as the
STRETCH program, one time expenditures related to the department's merger, and donor
recognition plaques.
ITEM TITLE:
RECOMMENDATION: That Council adopt the resolution accepting and appropriating the
funds, and amending the FY 1998/99 budget.
BOARD/COMMISSION RECOMMENDATION: NA
DISCUSSION:
In 1983 the California State Legislature instituted the Public Library Foundation (PLF) Program
designed to insure that each public library provides a minimum level of service known as a
"Foundation Program." The program also calls for the State to fund 10% of the cost of the
Foundation Program if the public library pays 90% from local sources. The State's contribution
(known as the PLF fund) towards the Foundation Program may be applied towards library
services which are basic to its function as a provider of information, education, and cultural
enrichment to all segments of the community, including but not limited to collection development
and maintenance, lending services, information services, facility maintenance and
administration. Foundation funds cannot be spent on major capital improvements.
Unfortunately, the Legislature has never consistently or completely funded the State's 10%
share of the Program. This has resulted in a fluctuation of Chula Vista's annual allocation from
the PLF fund. However since the program's inception, the Library has annually received at least
$50,000 that it has primarily used to offset the cost of Thursday night and Sunday services at
Civic Center Library. In the years when Chula Vista received more than $50,000 (as in the
1980's and in the past two years) the additional funds were often appropriated into the book
budget. In light of this year's PLF augmentation, the Library requests that the additional
$99,994 be appropriated primarily into the Library's General Fund circulating book budget
JtJ~ I
ITEM . PAGE TWO
MEETING DATE: 03/2399
($71,320), as well as the STRETCH program's Extended School Day Supervisor ($16,000), one
time furnishing expenditures related to the department's merger ($5,712), donor recognition
plaques ($3,313), and a direct mail fund raising appeal to build the Library's book endowment
($3,649).
FISCAL IMPACT: Accepting these funds will provide an additional $99,994 to the Chula Vista
Public Library. These funds will be appropriated into the various General Fund accounts to support
the programs described above.
/IJ / oZ
RESOLUTION NO. /9rt:7)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA STATE
LIBRARY, PUBLIC LIBRARY FOUNDATION FUNDS
AWARDED TO THE CHULA VISTA PUBLIC LIBRARY,
APPROPRIATING FUNDS, AND AMENDING FY 1998/99
BUDGET
WHEREAS,
Governor authorized
(PLF) funds; and
in signing the FY 1998/99 state budget, the
an increase in the Public Library Foundation
WHEREAS, as a result, the Chula Vista Public Library's
share of the PLF allocation has risen this year by 111%, from
$90,383 to $190,377; and
WHEREAS, when the City Council approved the FY 1998/99
budget, a transfer of $90,383 from PLF to the General Fund was
included in the City Manager's budget; and
WHEREAS, the State Library has now formally issued this
year's PLF payment with the augmented funds; and
WHEREAS, the Library requests that the unanticipated
$99,994 be appropriated primarily in the Library's General Fund
circulating book budget, as well as the STRETCh program, one time
expenditures related to the department's merger, and donor
recognition plaques.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept California State Library,
Public Library Foundation Funds awarded to the Chula vista Public
Library. .
BE IT FURTHER RESOLVED that the FY 1998/99 budget is
hereby amended by appropriating the unanticipated $99,994 into the
various General Fund accounts to support the programs described
above.
Presented by
Approved as to form by
City Att rney
David Palmer, Director of
Library and Recreation
H:\home\attorney\reso\PLFFUND
)()~ J
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/23/99
1/
ITEM TITLE:
Resolution /9 Y Co2 Approving a grant of easements and
maintenance agreement between McMillin Otay Ranch LLC and the City for
the maintenance of public landscapin within a portion of McMillin Otay
Ranch SPA One and authorizing th ayar to execute said agreement
SUBMITTED BY: Director of Public Works ~ \i.A
REVIEWED BY: City Manage~ ~ ~I\ (4/5ths Vote: Yes_NoX)
Tonight, Council will consider the approval of an agreement with McMillin setting forth the
obligations of the developer (and future Homeowners Association) for maintaining certain public
landscaping improvements within McMillin Otay Ranch SPA One, adjoining the Chelsea project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolution approving the grant of easements
and maintenance agreement with McMillin Otay Ranch LLC and authorizing the Mayor to execute
said agreement.
DISCUSSION: In compliance with tentative map conditions of approval, the developer has already
formed the Lomas Verdes Master Association (MHOA) to maintain common area landscaping
within the project. McMillin has requested the City that the MHOA be responsible for maintaining
certain public landscaping improvements. Initially, the developer will construct and maintain the
landscaping until it is established. After the landscaping has been established, McMillin would
transfer its obligations under the proposed agreement to the MHOA, which in turn may transfer said
obligations to a subassociation or apartment project's owner (Transferee).
The key points of the proposed agreement which is an attachment to the resolution are the following:
I. The City grants easements for landscape maintenance purposes over those public areas to be
maintained by the MHOA.
2. McMillin and the Homeowners Association are required to maintain the landscaped
parkways along Santa Cora Avenue dedicated on Map No. 13649 (See Exhibit I), excepting
I) landscaped parkways adjoining Park P-8, and 2) trees which will be maintained by the
City.
3. The agreement requires the MHOA to repair, at MHOA cost, any City's facility (i.e.,
sidewalk, trees, driveways) damaged by the MHOA maintenance operations.
4. The agreement contains provisions governing the transfer of the MHOA maintenance
obligations, insurance requirements, and indemnity provisions to a Transferee. The
agreement provides for the developer to be released from all landscaping maintenance for
the project once transfer to the MHOA occurs.
J/~/
Page 2, Item
Meeting Date 3/23/99
McMillin has requested that a separate agreement be prepared for the Chelsea project in order to
meet their development schedule. Future agreements will cover the remaining areas of the McMillin
Otay Ranch project. Staff considers that the proposed agreement will guarantee the maintenance of
the aforementioned public improvements and recommends Council approval. The City Attorney has
already reviewed and approved the proposed agreement as to form.
FISCAL IMPACT: None to the City. Developer is paying for the cost of City staff involved in
processing the agreement.
Attachments:
Attachment 1
MHOA maintained public areas
3/17/9911037 AM
H,\HOME\ENGINEERIAGENDA\HOAAGRE2.DOC (W)
/ J/ =<
RESOLUTION NO. ~S1116?02
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A GRANT OF
EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN
McMillin OTAY RANCH LLC AND THE CITY FOR
MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A
PORTION OF McMillin OTAY RANCH SPA ONE
(FINAL MAP NO. 13649) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, in compliance with tentative map conditions of
approval, McMillin Otay Ranch LLC (Developer) has formed the
Lomas Verdes Master Association (MHOA) to maintain common area
landscaping within the project; and
WHEREAS, McMillin has
responsible for maintaining
improvements, but initially the
maintain the landscaping until it
requested that the MHOA be
certain public landscaping
Developer will construct and
is established; and
WHEREAS, after the landscaping has been established,
McMillin would transfer its obligations under the proposed
agreement to MHOA, which in turn may transfer said obligations
to a subassociation or apartment project's owner.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City
of Chula Vista does hereby approve a grant of easements and
maintenance agreement between McMillin Otay Ranch LC and the
city of Chula vista for the maintenance of public landscaping
within a portion of McMillin Otay Ranch SPA One (Final Map NO.
13649), a copy of which shall be kept on file in the Office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized
to execute said Agreement on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
6?, r;)13JJ 1.: ~^1!
;~~ Kaheny,CitY"Attorney
H:\HOME\ATTORNEY\RESO\MHOA.AGR
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FEBRU4RY!3I7999 ~"
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9]910
No tramfer lax is due as this is a conveyance to a public
agencyfor less than afee interestjor which no cash
consideration has been paid or received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 98-04
MCMILLIN OTAY RANCH SPA 1, PHASE 2, MAP 13649
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made
as of this _ day of ,1999, by and between tbe CITY OF CHULA VISTA. a municipal corporation
("City"), and McMILLIN OT A Y RANCH LLC, a Delaware limited liability company ("LLC").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property
is part ofa planned residential development project commonly known as "McMillin Lomas Verdes". For
purposes oftbis Agreement, the term "Project" shall also referto the "Property". It is anticipated that additional
agreements, in same or similar form as this Agreement will be entered into for other portions of McMillin
Lomas Verdes.
B. LLC is the owner of portions ofthe Property (lots I and 4 ofthe Property have been conveyed
to Gateway Town Center, L.P., a California limited partnership) and LLC is the Declarant under that certain
Amended and Restated Master Declaration of Restrictions For McMillin Lomas Verdes Master Association
filed for record on December 23, 1998 as Document No. 1998-0844432, Official Records of San Diego County,
California (the "Master Declaration"). LLC has caused the formation of McMillin Lomas Verdes Master
Association, a nonprofit mutual benefit corporation (the "MHOA ") to maintain certain areas in the Project.
Furthermore, one or more sub-associations may he formed ("SHOA") for a particular project(s) within McMillin
Lomas Verdes. the purposes of which would include the maintenance of certain amenities within the project
over which the SHOA has jurisdiction.
C. The Property is covered by that certain final map (the "Final Map") described on Exhibit
"A" attached hereto and referenced in the title to this Agreement.
T :\AJH\MCMILLlN\OTA Y\DRE\PrkwyEasMap 13649.Mar
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D. In order for LLC to obtain the Final Map and for the City to have assurance thatthe maintenance
of certain areas within the Project would be provided for, the City and LLC entered into a Supplemental
Subdivision Improvement Agreement, by Resolution No. 19208, in which LLC agreed that maintenance of
such areas shall be accomplished by the creation of a home owners association and the establishment of a
Community Facilities District. Exhibit "B" attached hereto describes those particular easements and rights-of-
way which were dedicated to the public on the Final Map but which include landscaping improvements to
be maintained by the MHOA. The public easements to be maintained by the MHOA are collectively referred
to as the "MHOA Maintained Public Areas".
E. The City desires to grant to LLC easements for landscape maintenance purposes upon. over
and across the MHOA Maintained Public Areas consisting of parkways adjoining Santa Cora Avenue (South)
in order to facilitate the obligations of LLC as set forth in the Supplemental Subdivision Improvement
Agreement, adopted by Resolution No. 19208.
F. The City also will allow LLC to cross appropriate portions of that certain open space lot ("Open
Space Lot") described on Exhibit "C" attached hereto for purposes of access to slopes within the Project
which will initially be maintained by LLC and eventually maintained by the MHOA.
NOW, THEREFORE, in consideration of the mutual covenants herein contained. the parties agree
as set forth below.
I. Grant of Easernents. The City hereby grants to LLC and its agents, successors and assigns,
non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas. for the purpose
of maintaining, repairing and replacing the landscaping improvements located thereon. The City also hereby
grants to LLC and its agents, successors and assigns. a non-exclusive access easement across the Open Space
Lot for the purpose of obtaining access to maintain those slopes within the Property which will become part
of the area maintained by the MHOA. This grant is made without any warranties of any kind, express or implied.
other than the warranty stated in Section 13 (I) below.
2. Maintenance Oblivations.
(a) LLC to Initially Maintain. LLC hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced. the MHOA
Maintained Public Areas, including all landscape improvements located thereon, at a level equal to
or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan
("Landscape Plan "), as approved by the City. For purposes of this Agreement, the term "Maintenance"
or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and
on Exhibit "D" hereto. Exhibit "D" also refers to the maintenance responsibilities of certain other
parties.
(b) Transfer to MHOA. Upon LLC's transfer of Maintenance obligations to the MJ-IOA.
LLC (i) the MJ-IOA shall become obligated to perform the obligations so transferred and (ii) subject
to the City determining that the requirements of Section 3 below have been satisfied, LLC shall be
released from such obligation.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a SJ-IOA or to the owner of an apartment project ("Transferee"). Upon the MJ-IOA's
T:\J\.IHIMCMILLlN\OTA YIDRE\PrkwyEasMap 13649.Mar
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transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to
perform the obligations so transferred, (ii) MHOA shall retain the right to perform the Maintenance
should the transferee fail to do so and (iii) the MHOA shall be released from the obligations so
transferred subject to the City determining that the requirements of Section 4 below have been satisfied.
Although it is possible that Maintenance obligations might be transferred to an apartment owner, LLC
does not believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assi::nment by LLC and Release ofLLC.
(a) Assignment. Upon LLC's transfer of the Maintenance obligations to the MHOA,
it is intended by the parties that the MHOA shall perform the Maintenance obligations either by its
own forces or by contractors. Such transfer will release LLC from its obligations only if all of the
following occur:
(i) MHOA Accents Obligation. The MHOA has unconditionally accepted and
assumed all ofLLC's obligations under this Agreement in writing, such assignment provides
that the burden of this Agreement remains a covenant running with the land, and the assignee
expressly assumes the obligations of LLC under this Agreement. The assignment shall also
have been approved by the appropriate governing body of the MHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The City shall
not unreasonably withhold its consent to such assignment.
(ii) MHOA's Ma'iler Declaration. The City has reviewed and approved the MHOA's
recorded Master Declaration to confirm that said document contains appropriate maintenance,
indemnity and insurance provisions. The City hereby acknowledges that it has so approved
the Amended and Restated Master Declaration of Restrictions For McMillin Lomas Verdes
Master Association filed for record on December 23, 1998 as Document No. 1998-0844432,
Official Records of San Diego County, California. This condition (ii) will apply to any further
amendments which require City consent pursuant to provisions of the Master Declaration
or which would be contrary to the terms of this Agreement.
(iii) MHOA Insurance. The MHOA procures and formally resolves to maintain
at its sole cost and expense, commencing upon the City's release of all of LLC's landscape
maintenance bonds, a policy of comprehensive general liability insurance written on a per
occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single
limit. The insurer issuing such insurance shall have a rating of "A, Class VlI" or better with
no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be
primary insurance and shall name the City, its officers, employees and agents as additional
insureds. The MHOA shall provide the City with a Certificate oflnsurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release, Wben all conditions precedent in Paragraph 3(a) are fulfilled, LLC shall
be released from its obligations under this Agreement, including its security and insurance requirements.
LLC acknowledges that it has a contractual obligation to perform the terms and conditions of this
Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior
to such transfer, LLC shall give notice to the City ofLLC's intent to transfer its Maintenance obligations
herein and provide the City with the appropriate documents listed in Paragraph 3(a).
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4. Assilmment bv MHOA and Release ofMHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee,
it is intended by the parties that the Transferee shall perform the Maintenance obligations either by
its own forces or by contractors. Such transfer will release the MHOA from its obligations only if
all of the following occur:
(i) Transferee Accepts Obligation. The Transferee has unconditionally accepted
and assumed all of the MHOA's obligations under this Agreement in writing, such assignment
provides that the burden ofthis Agreement remains a covenant running with the land, and
the assignee expressly assumes the obligations of the MHOA under this Agreement. If the
Transferee is an SHOA, the assignment shall also have been approved by the appropriate
governing body of the SHOA by resolution or similar procedural method and approved as
to form and content by the City Attorney. The City shall not unreasonably withhold its consent
to such assignment.
(ii) SHOA's Declaration of Restrictions. The Transferee is an SHOA, the City
has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that
said document contains appropriate maintenance, indemnity and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain
at its sole cost and expense, a policy of comprehensive general liability insurance written
on a per occurrence basis in an amount not less than One Million Dollars ($ 1,000,000)
combined single limit. The insurer issuing such insurance shall have a rating of "A, Class
VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said
insurance shall be primary insurance and shall name the City, its officers, employees and
agents as additional insureds. The SHOA shall provide the City with a Certificate ofInsurance
upon acceptance ofthe transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA
shall be released from its obligations under this Agreement, including its security and insurance
requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of
MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate
documents listed in Paragraph 4(a).
5. Insurance. Section 5.1 (a) of the Master Declaration requires that the MHOA procure and
maintain certain insurance. That Section reads as follows:
(a) General Liability Insurance. The Master Association shall obtain a comprehensive
generalliahility and property damage insurance policy insuring the Master Association and the Owners
against liability incident to ownership or use ofthe Master Association Property. The limits of such
insurance shall not he less than $3 Million covering all claims for death. personal injury and property
damage arising out of a single occurrence. Such insurance shall include the following additional
provisions provided they are availahle on a commercially reasonable basis:
(i) The City ofChula Vista shall he named as an additionally insured party to
such insurance;
T:\A.lHlMCMILLlN\OT A Y\DRE\PrkwyEasMap 13649.Mar
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(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured except with
respect to the limits of liability."
This Section 5.1 (a) may not be amended without the written consent of the City Planning Director
or City Attorney.
Until such time as the MHOA has obtained such insurance, LLC hereby agrees to procure and maintain a
policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less
than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense.
6. Indemnitv. LLC hereby indemnifies the City as stated in Section 6.3 of the Master Declaration
which reads as follows:
Indemnitv The Declarant and Master Association, respectively shall
indemnifY and hold the City, its officers, agents and employees, harmless
from any liability, cost or expense, including reasonably incurred attorneys'
fees, which result from the Declarant's or the Master Association's respective
failure to comply with the requirements of the Section above entitled
"Continuing Obligation To Maintain Certain Public Areas". Neither the
Declarant nor the Master Association shall have any liability under this
Section by reason of (i) the other party's failure to maintain or (ii) any
Transferee's failure to maintain. It is specifically intended that the City shall
have the right to enforce this Section. This Section may not be amended
without the written consent of the City Planning Director or City Attorney.
7. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance
obligation to a SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall
set forth an express assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv The [Transferee's name} shall indemnifY and hold the City, its
officers, agents and employees, harmless from any liability, cost or expense,
including reasonably incurred attorneys' fees, which result from the
Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under
this Indemnity by reason of another party's failure to maintain. It is
specifically intended that the City shall have the right to enforce this
Indemnity. This Indemnity may not be amended without the written consent
of the City Planning Director or City Attorney.
T: JdHlMCMILLINIOT A YIDRE\PrkwyEasMap 13649.Mar
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8. A!!reement Apnlicable to Subseauent Owners.
(a) Agreement Binding Upon any Successive Parties. This Agreement shall be
binding upon LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of Maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit ofthe successors, assigns and
interests of the parties as to any or all of the Property.
(b) Agreement Runs Witb the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
9. Govern;n!! Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
] O. Effective Date. The terms and conditions of this Agreement shall be effective as ofthe date
this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
] 1 . Countemarts. This Agreement may be executed in any number of counterparts, each of which
shall be original and all of which shall constitute one and the same document.
]2. Recordinl1. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved
by the City Council.
13. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either party shall
be in writing and shall be deemed duly served, delivered and received when personally delivered to
the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following
deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage
prepaid. addressed to the address indicated in this Agreement. A party may change such address for
the purpose of this Paragraph by giving written notice of such change to the other party.
T:\AJHIMCMILLINIOT A YIDREIPrkwyEasMap 13649.Mar
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If To City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To LLC:
McMillin Otay Ranch LLC
Development Engineering
The McMillin Companies
2727 Hoover Avenue
National City, California 91950
Attn: Mr. Robert A. Pletcher
(b) Captions. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent ofthis Agreement or any of its terms.
(c) Entire Agreement This Agreement, together with any other written document referred
to herein, embody the entire agreement and understanding between the parties regarding the subject
matter hereof, and any and all prior or contemporaneous oral or written representations, agreements,
understandings and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
Cd) Recitals; Exhihits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this Agreement,
LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules,
regulations, ordinances, policies, permits and approvals.
(1) Authority of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in whole
or in part, except by written instrument duly executed and acknowledged by tbe parties hereto, their
successors or assigns, and duly recorded in the Official Records ofthe San Diego County Recorder's
Office.
(h) Severability. If any term, covenant or condition ofthis Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term, covenant or condition to person or circumstance,
T :VdHIMCMILLlNIOT A YIDREIPrkwyEasMap 13649.Mar
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shall not he affected thereby and each term, covenant or condition shall be valid and be enforced to
the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall be drawn
from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively
presumed that both parties participated equally in the preparation and/or drafting ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation McMILLIN OT A Y RANCH, LLC,
a Delaware limited liability company
BY:
McMILLIN COMPANIES, LLC,
a Delaware limited liability company
Its: Man e ber
By:
Mayor
By
Title
Attest:
Title
Beverly Authelet, City Clerk
APPROVED AS TO FORM:
0()~1 '/ I
By: ;_~2~~---Jv/ ~-L---d- ~L
-S,1vr /"'. <Ahf-tl V , City Attorney
/
By:Q. CfJz ~Jt
A. JOH~Hecht af Hecht. Solhprg. Robinson &
Attorney for McMillin Otay Ranch, LLC Goldberg
LLP
T'\AJH,MCMILLINIOT A YIDREIPrkwyEasMap J 3649.Mar
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On ~, before me, DClwn B. l1) of f\ do u.... , Notary Public, personally appeared_
f2ob{'r.f'.4 PIC t-"Ji (r fA-1'\ d Crt! (1 T fvl<:.Vj tu>-.A-
, personally known to me-fgr proved tn mp nn thp hoc;, nf "ti,f\l9!ory
~e) to be the person(s) whose name(s~/are subscribed to the within instrument and acknowledged
to me that he.lahe/they executed the same in~/their authorized capacity(ies), and that by ~r/their
signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
~@~-:~-=~=-1
~ . .. . NOTARY PUBl!C-CAUFORNIA. ~
~ . SAN DIEGO. CA .....
L:::.~:~~~
(Seal)
Signature ;ftltlv'n. ~ /yLt~
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On
, before me,
, Notary Public, personally appeared_
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
T:\A.IH\MCMILLIN\OT A YIDREIPrkwyEasMap 13649.Mar
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EXHIBIT "A"
The Pronertv
Lots 1,3,4 and B of Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA 1, Phase
2 in the City ofChula Vista, County of San Diego, State of California according to Map
thereof No. 13649 filed in the Office ofthe Recorder of said County October 15, 1998.
T:\AJH\MCMILLlNIOT A YIDREIPrkwyEasMap 13649.Mar
3/X!99 // ~ / '/
FEB-~3-99 ~9:16 AM RICK EN~lNEERIN~ COMPANY 2914165 p_lO:l~
Q MEDIA L---- I[
ROAD '
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EXHIBIT HB"
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9
Page 1 of Exhibit
.;.tSt260
"B" //-/5
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FEBRIJARY!3lt9!J9 d~
FEB-~~-~9 e9:17 ~M R1CK EN~lNEERIN~ COMP~NY ~914165
P.03
J-13126L
MASTER HOME OWNERS ASSOCIATION
MAINT AI NED PUBLIC AREAS
PARCEL "A"
All that portion of Santa Cora Avenue dedicated to public use on Chula Vista Tract No.
98-04, McMillin Otay Ranch Spa I, Phase 2 in the City of Chula Vista, Coun1y of San
Diego, State of California. according to Map thereof No. 13649 filed in the Office of
the Recorder at said County October 15, 1998, lying Northerly of the following
described line.
Beginning at the Southeast corner of Lot 4 of said Map No.1 3649; thence South
79004'44' East 58.00 feet to a point on the Easterly Right-at-way of said Santa Cora
Avenue.
~~~~-e-f'
Robert G. Schoettmer L.S. 4324
jb1131'61014
II -- J?
Page 2 of Exhibit liB"
. ,
FEB-03-99 09:~7 AM RICK EN~lNEERIN~ COMPA~Y 2914~65
P.04
J-13126L
MASTER HOME OWNERS ASSOCIATION
MAINTAINED PUBLIC AREAS
PARCEL "6"
AlllhBt portion of Santa Cora Avenue dedicated to public use on Chula Vista Tract No.
98.04, McMillin Otay Ranch Spa I, Phase 2 in the City of Chula Vista, County of San
Diego, State of Cillifornie, according to Map thereof No. 13649 filed in the Office of
the Recorder of said County October 15, 1998, lying Northerly of the following
described line.
Beginning at the Southeast corner of Lot 1 of said Map No, 13649; thence South
79017'09" East 2B.00 feet; thence South 10'42'51" West 36.17 feet; thence South
79011'09" East 30,00 feet to the Southwesterly corner of Lot 4 of said Map No.
13649,
jb1131261.014
~~~~.~-:-"
Robert G. Schoettmer L.S. 4324
Page 3 of Exhibit "B"
J/~/?
_ t:... C> - '" : - ~ '" .J:".... = .... ~ - . __ ~ I:. ....."J' . r... r::.. <:. _ . :... _ '_ -,;1 r- _ -, r ... :0 .;. ~ .. '=. ::.
r-.",",~
EXHIBIT "C"
J-' 3' 26L
OPEN SPACE r.m
RIGHT TO PASS OVER
Lot "A" of Chula Vista Tract No. 98-04, McMillin Otey Rench Spa I, Phase 2 in the
City of Chula Vista, County of San Diego, Stete of California, according to Map thereof
No.1 :3649 filed in the Office of the Recorder of said County October 15, '998.
Jbl1:J1.2CiIO:l7
~4 ~-~.,-~,
Robert G. Schoettmer L.S. 4324
J/~/~
EXHIBIT "D"
Maintenance Responsibilities
Area HOA Maintains Home Owner CFD-97-1 City's General
Maintains Maintains Fund Maintains
Santa Cora south 1 . Landscaping in N/A Note: No trees in 1. All landscaping
of Palomar Dr. parkways unless Santa Cora are within right of
adjacent to Parks included in CFD. way where right
P-8 or P-7. of way is
contiguous with
2. Open Space Park P- 7 and P-8.
Slopes including
trees 2. Tree trimming
within parkways.
Note: Curb, gutter and sidewalks will be maintained by the City.
T:\A.lH:MCMILLIJ'\OTA YIDREIPrkwyEasMap 13649.Mar
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/23/99
/2
ITEM TITLE: Resolution /9;1 tJ J Appropriating $3,500 from the available
balance in the General Fund, for Capital Improvement Project DR12l,
"Rienstra/Lorna Verde Park Drainage Mitigation Project"
SUBMITTED BY: Director of Public Works rfi.1'A
REVIEWED BY, 0" M"mg'~tr~\ (41st'" YOI" Ym~ No_'
On December 15, 1998, Council approved Resolution No. 19312 accepting bids and awarding the
contract for the construction of "Drainage Mitigation - Rienstra/Lorna Verde Park (DR-12l)" to
New Century Construction in the amount of $21 ,860.00. However, when the contract was awarded,
staff did not take into account the prior year's expenditure of staff time charges for the project
budget. Therefore, insufficient funds were available for construction of the improvements due to this
shortfall.
RECOMMENDATION: That Council approve the resolution appropriating $3,500 from the
available fund balance in the General Fund for Capital Improvement Project DR-12l,
"Rienstra/Lorna Verde Park Drainage Mitigation Project"
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The construction of the project is completed. The contractor's cost was $21,860 for the original
contract plus $2,300 for a change order, for a total of $24,160. The original funding for this project
only allocated $2,700 for staff costs, as it was presumed that the project would require a minimal
design and inspection effort. Unfortunately, due to severe erosion and the need to provide
contractors with an accurate representation of the site, it was necessary to do significantly more
design work than was anticipated when the project was budgeted. Unanticipated revenue is available
in the General Fund since we received a $38,000 check this year from the State for reimbursement
of expenses from the Telegraph Canyon Channel Project, which was unbudgeted.
FISCAL IMPACT:
The fiscal impact is $3,500 which is fully offset by unanticipated reimbursement revenue. Now that
construction is complete, only routine maintenance of the drainage channel will be required.
File No: 0735-1O-DR121
H:\HOME\ENGINEER\AGENDA \DR121XFR.113
/;2 - )
RESOLUTION NO. /9Jj{)J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $3,500 FROM THE
AVAILABLE BALANCE IN THE GENERAL FUND, FOR
CAPITAL IMPROVEMENT PROJECT DR-121,
"RIENSTRA/LOMA VERDE PARK DRAINAGE MITIGATION
PROJECT"
WHEREAS, on December 15, 1998, Council approved
Resolution No. 19312 accepting bids and awarding the contract for
the construction of "Drainage Mitigation - Rienstra/Lorna Verde Park
(DR-l21l" to New Century Construction in the amount of $21,860.00.
However, when the contract was awarded, staff did not take into
account the prior year's expenditure of staff time charges for the
project budget. Therefore, insufficient funds were available for
construction of the improvements due to this shortfall.
WHEREAS, insufficient funds were available for
construction of the improvements due to the need to perform more
design work than originally budgeted because of severe erosion and
the need to provide contractors with an accurate representation of
the actual site conditions; and
WHEREAS, therefore, it is now necessary to appropriate
$3,500 from the General Fund so that the contractor can be paid in
full and the project closed out.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby appropriate $3,500 from the
available fund balance in the General Fund for Capital Improvement
Project DR-121, "Rienstra/Lorna Verde Park Drainage Mitigation
proj ect " .
Presented by
Approved as to form by
city
John P. Lippitt, Director of
Public Works
H:\home\attorney\reSO\DR121.app
/Jrt
COUNCIL AGENDA STATEMENT
Item .fl
Meeting Date 03/23/99
SUBMITTED BY:
Resolution ) 9' Jj t7 iending the FY 98-99 Operating Budget
for the Construction and Repair Division, Minor Capital
Improvement Account for Emergency Repairs to the South Library
and Appropriating $18,570 in Unanticipated Revenue from
Insurance Proceeds and $5,000 from the Available Fund Balance
in the General Fund Therefo: Au. /
Director of Public work/' rr::.
Ci<YM_O'W-'cl @\ (4/S<hHO'd~X No-"
ITEM TITLE:
REVIEWED BY:
On November 28, 1998, an uninsured motorist crossed over the median at Fourth and
Orange Avenue, through the landscape area, and partially went through the northwest
wall of the South Library. Damage was done mainly to the conference room in the
Literacy Section of the Library. Due to the emergency nature of the damage and with the
authority of the City Manager, funds were encumbered from the Minor Capital
Improvement Project account to complete emergency repairs, and a contract was awarded
to repair the damage.
RECOMMENDATION: That Council adopt the resolution amending the FY 98-99
Operating Budget for the Construction and Repair Division, Minor Capital Improvement
account for emergency repairs to the South Library and appropriate $18,570 in
unanticipated revenue from insurance proceeds and $5,000 from the available fund
balance in the General Fund.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The damage to the conference room consisted of interior and exterior structural damage,
carpet damage, a broken tile base, and damage to electrical and communication systems.
There was also plant material that had to be replaced and the irrigation system repaired.
Staff worked with the City's insurance provider to determine the scope ofthe project and
the selection of the contractor to make the repairs. Staff contacted four general
contractors and received only two responses. Staff believes that the size of the project
and the specialized "stov" product used as the surface material for the exterior and
interior walls was the reason we were unable to get four competitive bids. The "stov"
)3 -/
Page 2, Item
Meeting Date:
03/23/99
product is hard to procure and the contractor must be experienced in the application of
the product. The insurance adjuster from Walsh Adjusting Company and staff made the
determination that the lowest proposals did not include the correct building materials or
the procedures to complete the project properly. A general contractor from Chula Vista,
MERZ Construction, was selected to do the project and has successfully completed the
project in a timely manner.
FISCAL IMP ACT: The minor crps that were scheduled for the 4th quarter have been
put on hold until these funds can be reimbursed. The approved projects, which were on
the high priority list for completion this fiscal year, will be started as soon as the funds
are appropriated. Total funds expended for this project were $23,570. The City will
receive $18,570 from the insurance provider. Therefore, the final fiscal impact to the
General Fund will be the $5,000. deductible.
/3-02
RESOLUTION NO.
)9Jj~Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 98-99 OPERATING
BUDGET FOR THE CONSTRUCTION AND REPAIR
DIVISION, MINOR CAPITAL IMPROVEMENT ACCOUNT
FOR EMERGENCY REPAIRS TO THE SOUTH LIBRARY AND
APPROPRIATING $18,570 IN UNANTICIPATED REVENUE
FROM INSURANCE PROCEEDS AND $ 5 , 000 FROM THE
AVAILABLE FUND BALANCE IN THE GENERAL FUND
THEREFOR
WHEREAS, on November 28, 1998, an uninsured motorist
crossed over the median at Fourth and Orange Avenue, through the
landscape area, and partially went through the northwest wall of
the South Library; and
WHEREAS, damage was done mainly to the conference room in
the Literacy section of the Library; and
WHEREAS, funds were encumbered from the Minor Capital
Improvement Project account to complete the urgency repairs and a
contract was awarded to repair the damage.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby amend the FY 98-99 Operating Budget
for the Construction and Repair Division, Minor Capital Improvement
account for emergency repairs to the South Library and appropriate
funds in the amount of $18,570 in unanticipated revenue from
insurance proceeds and $5,000 from the available fund balance in
the General Fund.
Presented by
Approved as to form by
rney
John P. Lippitt
Director of Public Works
H:\Home\Attorney\ReSO\Library.CIP
/3~3
PUBLIC HEARING: Regarding the Proposed Assessment
of Certain Delinquent Sewer Service Charges as Liens Upon
the Respective Parcels of land and Placement of Delinquent
Charges on the Next Regular Tax Bill for Collection
/9'1/)5
RESOLUTION NO: Assessing Delinquent Sewer
Service Charges as Liens Upon the Respective Parcels of
land and Approving Placement of Delinquent Charges on
the Next Regular Tax Bill
Director of FinanCe~(\^
City Mana~~~ths Vote: Yes_No-X)
In order to adequately protect the City's interest in delinquent sewer service
charges and insure that collection efforts are directed towards the responsible
property owner in the event of a change in ownership, staff is recommending
approval for liens against affected properties as a preliminary action to placing
the delinquencies on the property tax rolls if they remain unpaid. This is the
identical process approved by Council in August and November of last year.
Attached are copies of the Council Agenda Statements and Council minutes.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION:
CITY COUNCil AGENDA STATEMENT
Item /1/
Meeting Da~
That the City Council open the public hearing to consider assessing delinquent
sewer service charges as liens on the affected properties, consider all testimony,
and adopt the resolution overruling all protests and assessing these charges as
liens upon the respective parcels of land, and placing these charges on the next
regular tax bill.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable.
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer
service charges to be assessed as liens upon the affected properties and
ultimately placed on the property tax bills for collection. The ordinance states
)'///
Item
Meeting Date 3/23/99
that upon notification of the property owners, a public hearing is set for sewer
service accounts which are over sixty days delinquent. At the hearing the City
Council considers the delinquent accounts together with any objections or
protests by interested parties. At the conclusion of the hearing, the City Council
may either approve the delinquency and amount owed on the accounts as
submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as liens upon the respective
parcels of land, and the amounts are charged to the property owners on the next
regular property tax bill.
Because charges can only be submitted for placement on the property tax bills
once a year in August, staff is recommending assessing liens on the affected
properties midyear as to better insure the City's chances for collection. If the City
were to address these delinquent charges only once a year in August, the
effectiveness of using the property tax bill as a means of collection would be
significantly reduced as the owners of record in August would not necessarily be
the people responsible for the delinquent charges. In cases where properties are
sold or transferred, assessing liens midyear holds the correct property owners
responsible for the delinquent sewer service charges. In cases where property
owners choose to refinance their mortgages, the midyear liens will insure that the
City would receive payment in a more timely manner as the delinquent sewer
service charges would be paid through escrow during the refinancing process.
In August 1998, City Council approved 195 delinquent sewer service accounts
valued at $73,014 to be placed on the forthcoming property tax bill. These
delinquent amounts were removed from the City's bimonthly sewer bills once
they were transferred to the property tax bills. In November 1998, City Council
approved assessing 72 midyear liens on properties valued at $11,388. Since
then, staff has identified an additional 322 accounts totaling $45,736 as being
over sixty days delinquent (listing available at the City Clerk's Office). Many of
these property owners are the same people that were listed in the August public
hearing as their accounts continue to remain unpaid. These property owners
have been sent numerous past due notices, and two weeks ago, they were
notified of this public hearing and were asked to pay their delinquent sewer
service charges by March 19, 1999 to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update
this list as payments are received and accounts are cleared. A final list will be
submitted to the City Council for consideration as soon as all payments are
recorded.
Staff is recommending that the City Council approve the final listing of delinquent
sewer service accounts as submitted, and that these charges be forwarded to the
County and assessed as liens on the respective parcels of land. If these
accounts remain unpaid, staff will return to City Council prior to August with a
recommendation to place the total amount due for delinquent sewer service
charges on the property owners' next regular tax bills for collection.
-2-
) f --- c2-
Item
Meeting Date 3/23/99
FISCAL IMPACT:
Assessing midyear liens on properties for delinquent sewer service charges has
no tangible fiscal impact on this year's revenues, although the placement of
these charges on the next property tax bill should yield approximately $45,000 in
additional sewer fund revenues for FY 99-00. This action also insures a more
timely collection of these charges in the event properties are refinanced, and it
holds the correct parties liable for the debt in the event properties change
ownership. In doing so, the efficiency and the integrity of the billing and
collection process for delinquent accounts is maintained, and uncollectible losses
are reduced thereby maximizing revenues and minimizing costs to the Sewer
Fund.
-3-
JtJ~ )
RESOLUTION NO. /~~tI~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE
CHARGES AS LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, on June 23, 1998, the City Council approved
Ordinance No. 2736 amending section 13.14.150 of the Chula vista
Municipal Code to allow delinquent sewer service charges to be
placed on the property tax bill for collection, and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for sewer service accounts
which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to consider
the delinquent accounts together with any objections or protests by
interested parties; and
WHEREAS, at the conclusion of the hearing, the city
council may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City
Council; and
WHEREAS, a public hearing on delinquent assessments was
properly noticed for March 23, 1999 at which all protests or
objections presented were considered by the City council; and
WHEREAS, staff is recommending that the city Council
approve the final listing of delinquent sewer service accounts as
submitted and that these charges be forwarded to the County for
placement on the next regular tax bill for collection; and
WHEREAS, any delinquent accounts that are cleared by
March 19, 1999 as a result of the public hearing set for March 23,
1999 will be removed from the list prior to the submittal of these
charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby (1) overrule any and all protests
or objections presented at the public hearing and (2) approve, with
respect to the delinquent account list presented by staff and on
file in the office of the City Clerk, assessing delinquent sewer
service charges as liens upon the respective parcels of land and
the placement of such delinquent charges on the next corresponding
regular tax bill unless cleared by March 19, 1999.
Presented by
Approved as to form by
Robert Powell, Director of
Finance
J~-;(.L
g M. Kaheny, City.Attor ey
//y- y
H:\home\attorney\reso\sewer.del
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I~em
I~
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I'.::.t.!!: T..!..:l.'.LE:
?UBL:::C: EO..P..ING:
Re;a=~ing ~he ?=opos~~
Placement
0:::
Ce=tai~ DelinquenL
Sewe::-
Se::-v:.::e
Charg~s on Property ~~X 3ills =8= Colle=ti~n
P..ESOLu:L'.l.ON:
\'t\11
Ji...ssessing Delincruent Sewe=
as Liens Up~n the Respective
and Appro-","'ing Pla=ement 8=
OD the Next Regula::- 7~: Bill
Se=,rice Charges
P2rce~s of Land
Delinquent Charges
S1B~TTED ~.,..
~~~e~~~~_ n: v~r,~n~Q'?
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City ,=,gerw, ~'I",hs Vote,
.. N /.
:::.es_ o~,:
P..EVIEWED BY:
Aa~~~ion 0= ~~is resclu~ion w~:l enhan::e the collectio~ ~=ocess
de:i~cruen~ sewer se~~ice cLarges by =educ~~g the amOUDL --
un=::le==i~~= :osses and enSUYe =hat p2ymenL will be received O~ ~
mo== =imely ~asis. T~is will increase aIL~ual Yevenues to the Sew==
Fun~ as wel~ as ~edu2e ~perat~~; cos~s.
P..ECOMMENDl'.T:::ON :
m~~.... ~.no ~~~y Council O~Q~ ~'ne ~=~l~~ ho~~~~-
_-.l.c.l... ....... _ I..-_l... _ }:J.....~ -- -}:J __~... _c:.__-'.J.:=
~8 considey placing delinquent sewe= servi=e
=narges on proper~y tax ~ills for =ollectio~,
sO!lside~
=.11 t.estim:>ny I
over~~ling a.:l
and adopt
p=8-:es:.s
Co.::::'
::-esoluti:)!:
assessing -:hese charges 2..5 liens up~n ::~e
respective parcels of land and placing these
charges on the next regular tax bill.
BOARDS/COMMISSIONS P..ECOMMENDATION5:
Not applicable.
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::::'::J.a.e=- i::. :'::"2.S ::e::J:::'-:' z..:::-e s:\7:.::2.2 a::::cn.m::.s t.hat. na"\te =..:"=ea::y ~===-
":.~ -::e=- ":.:J sll~=-l
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jl.l:S.;me::.::.s aW2.:::ied,
s~me -=::-~:.>e==ieE
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~~::. ~__ll n~ ?~~rmen::.s L~ve ~een ffia~e.
- -,
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---
m::::>ntb f :.he ?=:JP=:'-=Y Dwners 0:2 :.he
:.~e Ci::.y Cle::-k's O==i::e) we~e Do::.ified
:.::.:.a::b.e:5.
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'-_J.c._ ==:::-
:.~=-:....:::- :;:'::-D?=-=-=:-- ::.ax :::i:..:...
3y J~ly 23, 1998/ 129 aelinu~e~:. ~::=~~::.s
we=-= ::2.e2..::-e::. ~a. $3l,300 2..!l 6.e.lincue:J..:' sewe:r se=-vice :::-e,,7errues ____
;:,==- ::-e::::'-'i7e=-e::... :P.~t.h::rU9"h t.he :;:rublis hearing l;;as orig:":l2.2.2:y se:. ---
J1.:.2.-,- 28 I :"?3E s::.a:::: ::-ec:>mrnen:iej :.h2..:' t.he Ci::.y Council ::o::::':":J.ue -:.he
---~ un~il AJ?~st 4 :=98 to sive people an 2ddition~ week ~o ?EY
an~ 2VDid b=7~g the :ielincruent. charges placed on the~- p~D?e=:.~
~~ =i~ls. 3~aff ~~:: ~ontinue to ~pdate the list as pa~rments __~
IY-l
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~
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Meeting Da.:'e ;/1 -1 i l!
Ye2eived an~ accounts are cleaYed. A final lisr will ~e submit~e:
to the City Council for consije::-ation as soon as all payments a::-e
re::::>raeo.
5---=-= is ::-ecommendino: that the Ci:y Coun2il app::-OVe the
listing of delinquent sewey se~-ice aC20lL"ts as submittef, and :ha~
these charges ~e for~aYded to the County fo::- placement on the ne~t
::-e~lar tax hill fo::- collection. Any delinquent accounts that aye
cleaYed by August 5, 1998 as a ::-esult of this public hea::-ing will
be yemoved fyom the list prior to the submittal of these charges to
the County.
FISQ.L IMPACT:
Placing these delinauent sewer se=vice charges on rhe pyoperty t22:
bill for cDllec:ion should incyease sewe:!: se::-vice ::-evenues ~y
app::-=ximately $90,000 in FY 98-99. This collection method improves
the efficiency Df the billing and cDllection prDcess fo:!: delinquent
accDunts as well as :!:educes the amDunt of uncollectible losses
the::-e~y maJ:iw2zing revenues and miniw2zing 2Dsrs to the Sewer Fun:.
) tf ~~
''1- :?
Hlnutes
I<ugust 4, 1998
Page 4
to the south of this parcel, which is -part of the right-of-way for East Naples
Street, is adjacent to Open Space District Number 18 but has not yet been
officially annexed to the District. Per staff's recommendation, the resolution
was approved unanimously 5-0. (Director of Public Works)
11. REPORT CITIZEN PARTICIPATION ON THE COORS AMPHITHEATER EVENTS PLANNING
AND COORDINATION TASK FORCE - The Events Planning and coordination Task Force for
the Coors Amphitheater was formed to develop and monitor the Events Kanagement
Plan to insure the smooth operation of the amphitheater and minimize negative
impacts on the community. At the time of approval of the amphitheater project,
Council discussed citizen par~icipation and feedback, particularly concerning
impacts to residential development~ bordering Brandywine Avenue since they are
the closest residential community to the amphitheater (at least until Dennery
Ranch is completed). Staff proposes to facilitate citizen participation by
inviting two representatives from these communities to participate in future
meetings of the Events Planning and Coordination Task Force. Per staff's
recommendation, Council accepted the report and authorized the Mayor to select
two representatives from the Point Robinhood and Brandywine Townhomes to
represent the community on the Events Planning and coordination Task Force. Item
was pulled by councilmember Rindone. (Director of Community Development)
councilmember Rindone asked if the
Robinhood and Brandywine Townhomes.
City will invite participants from Point
Will they be homeowners or renters?
Fred Kassman, Redevelopment Coordinator, couldn I t say at this point. Its a
matter of being nominated by the Kayor. He knew people who have been interested
have been calling. He felt it would be best to have someone from the Home OWners
Association on the Board.
Councilmember Rindone agreed. If we have an option and choice of volunteers,
then he hoped we would opt for the homeowners.
MSUC (Rindone/Borton) to accept the report.
. . . END OF CONSENT CALENDAR . . .
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING TO CONSIDER PLACING DELINQUENT SEWER CHARGES ON THE
RESPECTIVE PROPERTY TAX BILLS FOR COLLECTION - Council shall consider placing
delinquent sewer charges on the respective property tax bills for collection at
the time set for hearing together with any objections or protests by interested
parties. At the =onclusion of the hearing, Council shall either approve the
account as submitted or as modified or corrected by Council. Council shall then
approve a resolution assessing such amounts as liens upon the respective parcels
of land as they are shown upon the last available assessment roll. The amounts
shall be charged to the property owners on the next regular tax bill. Per
staff's recommendation, the resolution was approved unanimously 5-0. (Director
of Finance) Continued from the meeting of July 28, 1998. ~71-j1
tJ....r,,,:.es
Augus': 4, :9CjE:
Page S
RESOLUTION 19127 ASSESSING DELINQUENT SEWER SERVICE CHARGES AS L:ENS UPON
THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUEIIT CHARGES ON
THE NEXT REGULAR TAX BILL
Robert powell, Finance Director, stated that when staff started th~5 process
approximately 30 days ago, we had 351 accounts totaling approximately $96,300.
To date, we have cleared 144 of those accounts totaling approximate:y 534,300
through this process prior to putting these charges on the tax rol:;'. There
remains tonight 207 accounts valued at approximately 562,000 that staff ,-s
~ecommending be turned over t.o the County and placed on the t.ax :'011 for
collection.
Councilmember Salas wanted to know what kind of process was 1.n place or
assurances are there that the delinquency notice is getting direct.ly to the
property owner and not going to the renter who probably will not pass on the
notice of delinquency to the property owner.
Nadine Magee, collections supervisor, responded that the bill is sent. to the
tenant or service address unless otherwise requested. We bill every two months.
Upon the second cycle of being delinquent, a letter is sent to the property owner
notifying them of their tenant's delinquency. At that time, we do no~ ask for
payment.; we only notify them of the situation and ask that they work with their
tenant to get this account current. If the next cycle turns out to be delinquent
again, ~hen another letter is sent to the property owner requesting payment at
that time. We get that information from the County Tax Assessors Roll and is
down loaded monthly.
councilmember Moot requested a memo breaking down how many were owne=s and ho~
many were renters. It would be interesting to see how many of the delinquent
people that were occupied by property owners versus renters.
This being the time and place as advertised, the public hearing ..y,;.as opened.
Addressing Council were:
o Sidney Morris, Sr., 862 Cedar Avenue, Chula Vista, wanted to know what was
ethical about making him responsible for someone else's debt. He wan~ed to know
from ~he city attorney what was the basis for this decision to put things on the
~ax bill that were really not his responsibility. He was responsible for the
taxes, but he was not responsible for an individual's utility bills. He felt
this was not right making the property owner responsible for someone else' 5 debt.
Mayor Horton stated that if the city were to absorb the cost, then the tax payer
inadve=tently would be paying for other people's debt.
There being no one else indicating a desire to address the Council, the public
hearing was closed.
Councilmember Moot stated that when the matter was brought to Council before, it
was pointed out that a sewer bill was not like an electric or phone bill which
when the service wasn't paid for, it could be turned off. In a sense, this bill
does sit in a materially different position than any others. This cs the only
practical way to enforce it. We can't turn off the sewer, and therefore, we
ultimately have to put the responsibility on the person who owns t.he ~and where
the sewers run to and from. / ;j r/ 0
!":;..nu:.es
August 4, : 998
Page 6
councilmember Padilla echoed Mr. Moot'S comments. When you are dealing with an
extremely integrated public utility such as we are discussing and the public
health issues that are present, it leaves you very little popular ways in which
:'0 enforce the proper payment. It does involve risk for those that are in the
business of owning ~eal estate and providing rental properties.
RESOLUTION 19127 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived.
councilmember Rindone asked what other cities have the same billing format as
Chula Vista.
Ms. Magee answered ~hat there are a couple of other cities in our County that
bill similarly to us. They are La Mesa and EI cajon; they both have Helix Water
billing for their water and the citLes bill for the sewer. They also deal with
their delinquencies via the property tax bill.
Mr. powell stated that very often the city, particularly a city the size of San
Diego, the water and sewer are together. It is very unusual for them to be
separate, but those that we are aware of that are separate are using the property
tax roll.
VOTE ON MOTION: Approved unanimously 5-0.
13. PUBLIC HEARING ADJUSTMENT OF THE TELEGRAPH CANYON DRAINAGE FEE - The fees
established in 1990 for the Telegraph Canyon Drainage Basin improvements were
last updated on April 21, 1998 using the Engineering News Record "Construction
Cost Index." The fee was increased by 16.75' to $4, Si9 per acre. The last
update using revised cost estimates and benefit areas as a basis was in 1992.
At that ~ime, however, due to various factors, the fee remained unchanged at
$3,922 per acre. Since a public hearing is not warranted at this time, staff
recommends that the item be tabled. (Director of Public Works) Continued from
the meeting of July 14, 1998.
No staff report was given.
MSUC (BortonjRindone) to table the item.
14. PUBLIC BEARING DECLARING THE INTENT TO INCREASE THE OPEN SPACE DISTRICT
NUMBER 10 ASSESSMENT ON THE BELLA NEVONA SUBDIVISION - On May 26, 1998, Council
approved the proposal to: (1) subdivide a parcel consisting of 5.25 gross acres
into 28 lots for the Bella Nevona subdivision ranging in size from 5,000 square
feet to 8,300 square feet; (2) amend the development standards contained in the
Ranchero Sectional Planning Area to allow a reduction in minimum lot sizes and
set back requirements; (3) order the initiation of assessment ballot procedures
applicable to the parcel for which it is proposed that the Open Space District
Number 10 assessment will be increased; and (4) schedule a public hearing on the
intent to increase the Open Space District Number 10 assessment on this
subdivision. Per staff's recommendation, the resolution was approved 3-0-0-2
(Moot and Salas abstaining). (Director of Public Works) Continued from the
meeting of July 28, 1998.
RESOLUTION 19128 APPROVING AN INCREASE ON THE OPEN SPACE DISTRICT #10
ASSESSMENT FOR THE BELLA .NEVONA SUBDIVISION / Y - ij
CITY COUNCIL AGD"TJA STA1.::..rviENT
lterr:.
Jvie~in;Date l1i':-i~)f;
: _ - ~'~ TITL~:
PlJ.BLJC HEARiNG: R~~"-,ci.in; crlc :":-:D:)5;~2 },s:~ss:m~n: 0' ~~:-:2=
Delinquent Sewer Servic~ Cnarges 2.S l.i~I!..S ':"j?on In:: !\.es?ectlve Pa:-::::~s
of Lane and Placement of Delinquent Cha:rges on tnt 2\ie~ R~gula: -:21:
Bill fo:- Collection
RESOLUTION: Assessing DellnCluem Sewe:- Se:-vice Charges 2.S
Liens Upon me Respective Parcels of Land and Approving Placemen: 0:
DelinC!lleTIt Charges on me N= Regular T:IT Bill
Sl.""3MlIIED :BY: DueCto:- of Financef
P..E\lE\);/.... 1', B"Y:
City lv'=ger
(LI='-n' "-\;O'p.Vp, "'c Y
, "~" ~ t........L .....~_~ ~ )_.
~r o:-:ier to aci.eqr:ately prote.:: the City's intereSt in delinquent s~Ter se;>,rice :narges and
in.::.-:::-e that colie=:ion efforr..s 2.:':: directed to.wards the responsible 'property owner- in ~he even:
0: .c.. :i:ange in D~e:ship, s-z is recommenciing approval fa; llens against @e::tec prope~ies
as" ?reliiTIin?:-y a=-ion to pla:ing the delinquencies on the properry 12]: rolls ii ~ey rema..i=.
. ,
11'''1-:2.l:'.
RECOMJvlEN"DATION: That me City" Council open me public hearing to consider
assessing delinquent sewer selltice charges as liens on the affected
properties, consider all testimony, and adopt me resolution
overruling all protesr...5 and assessing thes~ charges as liens u:pcn::
:.ne respective parcels 0: land, and Pla:ing thes=: :narges on ill::
n= regular "tax bill.
BOARDS/COMMISSIONS RECOMMENDATIONS:
N at applicable.
J'/~Jc2.
-
--
U1::-:::-::-1: ~~y-
".'
:'i:..
::-,=';:USSJCJ?<
Tnt Chula Vis-.... Municipal Code SeetioL :=."4.15: allows delinquent sewer se:-vice :nacft: H'
Dt 2SSessed as ilP'O"lt; upon the aiiecred proper:i~s and ultimately pla:.ed OD the proper::- :.~: :::~~;
IS:- ::allemon. _lle ordinan~:: s:.ates 1:hal UpOL notiiicatioD of the propeny own~~s, 2 ?UD~j:
h~-ing is set 10:- sewer serv"i::: a:counts v?m.:b are over su.-ry d2ys delinquen:. f:..t tne h:::2.:-:::;:,
...:..,~ r;........ C ""1'""""" '01~T"c; ~~" o'o'un' auon' a--ounn tOcYo-hQr WI'.,..,.., anv obJ'o-l' <"'\T'">(' or T'"'>-"'-"'-~
_~. ~'_) OUll_ ~OIl5l ... .li. _ . _ . __ ~ ro-L _ ~ J ___ J~.' . ~u _n._..
~: :~'terested pa:-::ies. ___A....t the '::JnclllsioD 0: tn:: nearing, the City Council InZY eitne:- a??:-:,-,7::
-~-;. ..':,aunl aUQn-- ':..,~ ~T'TlOUT1. '>vl",d on thO < a~"r-,un,..r ""Jr SU'Dllll'tt",rl ",- ':IS mD,~:;;;",~r,~ ----,--,,--....;
........._ ....._ ... ~, .c....-L.... o:.;.J,.,l..J. ....... _... _ _......... ..~ '"-' . .... _..... v. "-" ...................... V. .....1....." ......~__
D:-:D.= Cir;- COlUl.:ll. LasciT~:ne City Councij aciopts 2. resolution assessing su::h amoun:~ 2:
lle:!lS upon me r~..::i'pecrive pa7':eis of land, and the amounts are charged 1:0 the propefi}" ov;.ne:-s
OIl me n= regn:~~ property = bill.
Be::anse charges can only be submined lor placement on the properry"tax bills once a vea:- U:
J"~""'~ staffis r=mmonciim: assessing li= on the affected propenies midvear as to bette~
.~........, '--' '--' ........-
~""1.1Ie me 'City.s ::hances lor .::oliestion. If the City were to address these ri",,11Tl quen! charges
only once a y= in August, me effectiveness of U5ing the property tax bill as a means or
:olie..:-..ioD. 'v;rcrul: ~e significan:iy reduced as tile owners or recorc in }\..ugus:: woulD no:
n~y be ~ people responsible for IDe delinquent charges. 1n cases where properties a:-e
sold or uansftJ."'T""ri , assessing liens midyear holds the correcr property owne.-.-s responsible 10:-
the d.e.li.nquent S-.pW"e! se..-vice ~arges" In cases where property owners choose 1:0 reiinance
m~ mortgages, ::he midy= liens will insure iliat the City would receive payment in " mJ~e
~m""Ty manner 25 the delinquent sewer servi.::e charges would be paid through es:ro"t\" au:-;~;
the renn.ancmg ?:-~::ess.
IT> _';"ugust.. 1998. City Council approved ~ 95 cielln~uent sewer se~rice accoun!.S valuec at
S7::.:14 to be p1a:'::ci on the Ia:-...ncoming properry 'taX bill. These delinquent amounts "VFe:"=
re.m:Jved from me Ci;:y's bim.:JnthJ.y sewe~ bills once they were transferred to the pr:)?e~- :.:.:.:
bills. Since mer s-..aff has iden:iiied 174 accounts totaling S22~64 as being ove:- SlJ..""7). days
ci""~~~qUe.nT O..is-in~ available a: me City CIerE's Ofii.::e). Many or these prope...-ry O~VDe:rs 2.:-t
me same people :Lat were listea in '"the }i.,ugust public hearing as their accounts continue to gc
unpaid. These prop~ owne..'""S have been sent numerous past due notices, and rwo v:"'eeks
agD, mey were notiDed of this public hearing and were asked "to pay their ciQI;n quem: sewe~
se:..i:e charges b, November ::3, 1998 to avoid a lien being placed on their prape",,',
P21::lent a...'""T:l~~emen!s will be set up as needed, and staff will continue TO update tru5 llS: 2.::
P2'=l.eDts are re::e:ved and a::.::::nID'LS are cleared.. _t..... Iinallist will be subminec to tnt" '-,h \
Co=cil for cor.si:ie:-ation as SOOIl as all payments are recorded.
Sra:: is reco=t!lciing mat ;:he City Council apprave the final listing of delinquent sewe:
se.-n:e accounts as submitted. and that these charges be forwarded "to the COUllty anci assesse:i
as liens on the respective parcels of land. H iliese accounts remain unpaid, staff will return to
Ci:"l"" Council prior to August with a reco=endation to place the Latal amount due for
, ,. . ch th ' _.1 'ills1 c 11'
Qe.unquent sewer- serVIce arges on e propert'}.- Q"wners next regwar tax 0 ror co eC!1or...
/L/'--13
. .':::'1
....;...;...
~=-~:~nc
.i~ _::
" ~~-
:- _) =-_.:. -=- IlvD"-'..'.. =-=-:
f-ssessing miciy~ liens OD propenies for delinqu~nt sewer servi::: charges i:zs DO t~'1.~iDj=
:Us:.2 impact D:t ;~;c: year's revenues, although the placement of these charges 8;:; the ne::;::
p~:;~~- = bil snould Tielci approximately S22.CJJ:J in additional sewer Tuna ~evenues isc ::-:-
9;.::. This a=-j~ also insU~5 2. more timeiy collection of thest ::harges i~ :nt evem
?:-:;~ies are :-=-anced, ane it holds the correct ?anies liable for the deb: ;.... :n::: event
?=-::?~ies ch~:: :r,"rnersh1p. In doing so, the efii:i~ncr and the integriry 8: :nt billing 2.:1:
=:)~::=iDn ?rJ=~: IJT delinque:J.t aCCOll..TJ.ts i$ mai.n:ai.ned, and un=:>llecriblt l:'sse:o ar~ Tee:.::::.:
6~e~~ m~Y;T":"":"":':'""lg revenues and minlmT71ng cOSt"...s to the Sev;Ter :und.
/;/-/~
Min<..:t.es
November 17, :'398
Page 4
Service Center at 1800 Maxwell Ro~d. Consequently, it is necessary t.o update ~rle
current Master Plan to fi~ the SDG&E site and prepare schematic design draw~ngs
prior to cons~ruction of improvements at the site. Per staff's recommendation,
the resolution was approved 4-0-1 (Salas absent). (Director of Public Works)
Item pulled by Councilmernber Rindone who asked why Council was being asked ~o
waive the selection process when we knew we were going to need a consultan~ a
long time ago.
Dave Byers, Deputy Public Works Director/Operations, stated that 'they didn't want
to spend the $165,000 fo~ a consultant until it was certain the City was buy~ng
the site, and Council did not approve the purchase of the site until September.
Councilmember Rindone replied that he wanted to make sure that 'this waiving
process not be repeated in the future. Projects of this nature are g01n9 to
occur, and they should not be brought to Council at the last minute. He a~so
asked how the negotiated price compared to the anticipated cos~ for the new Ci~y
Corporation Yard at Sunbow II.
Mr. Byers responded that the design phases are similar but more expensive because
it's a remodel rather than new construction. Architectural services for a
remodel typically range between 10 and 12 percent of the total cost compared to
8 and 10 percent of nevI construction.
Councilmember Rindone asked if the work was not required of RNL Design for the
first three phases, would the City only pay for what is required.
Mr. Byers staLed that the city would only pay on a time and material basisi so
if they don't need to spend the time, we won't pay them.
RESOLUTION 19266 OFFERED BY COUNCILMEMBER RINOONE, heading read, text waived,
passed and approved 4-0-1, (Salas absent).
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND - In order cO
adequately protect the City's interest in delinquent sewer service charges and
insure that collection efforts are directed towards the responsible proper~y
owner in the event of a change in ownership, staff is recommending approval for
liens against affected properties as a preliminary action to placing the
delinquencies on the property tax rolls if they remain unpaid. Per staff's
recommendation, the resolution was approved 3-0-2 (Moot and Salas absent).
(Director of Finance)
THE
THE
RESOLUTION 19267 ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON
RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT'CHARGES ON
NEXT REGULAR TAX BILL
/ '-/ --- /->
Mim.::'O:s
1~C)vembe!" 17, :::-Cj~
PCiqS :,
Hobe:-t. Powell, Director of Finance, stat:.ed that in Augus't., 19Si2, t.he Coun::__
approved the liening of properties for delinquent sewer a::counts to De placec Clrl
the County property tax rolls. This resolution is a fine tuning of ~hat process,
allowing the City to lien periodically the correct, current-property owners.
these accounts that are liened continue to be delinquent come next August, vie
will then put ~hese accounts on the property tax rolls.
This being the ~ime and place as advertised, the public hear~ng was opened.
Addressing Coun::il were:
. Sandra Moscone, P.O. Box 1079, Pine Valley, CA, stated that she has been
an apartment owner in Chula Vista for eleven years. Her problem ~s a bill for
$250 that she wasn't aware of or notified of. Her tenants have since moved, and
she wanted to know how she could resolve the matter. She hoped t.he Council could
help her resolve this prOblem.
Mr. Powell responded that they would be happy to meet with Ms. Moscone in order
to resolve this problem. Staff has been working with property owners and
specifically "v.:i::.h those who have failed to receive notification. These accoun:.s,
such as Ms. Moscone's, are being handled separately instead of placing liens on
the property. Other landlords who have similar issues, need information, or
assistance from the City can call.
RESOLUTION 19267 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived,
passed and approved 3-0-2 (Moot and Salas absent).
14. PUBLIC HEARING OTAY VALLEY ROAD NAME CHANGE - On March 26, 1996, -::.ne
Redevelopment Agency requested that staff investigate a proposal submitted by -::.ne
Auto Park dealers to change the name of Otay Valley Road to Auto Park Drive lor
something similar) from 1-805 east. Staff studied a number of issues associated
with this request and developed several alternative solutions. Staff recommends
an incremental solution renaming only a segment of Otay Valley Road east of 1-805
to Brandywine Avenue until further development occurs to the east of this area.
The Planning Commission recommended a more far reaching solution. staff
recommends the public hearinq be continued to the meetina of November 24, 199B.
(D.!..rector of Community Development and Director of Planning and Building)
RESOLUTION 19268 CHANGING THE NAME OF THE SEGMENT OF OTAY VALLEY ROAD
FROM 1-805 TO BRANDYWINE AVENUE TO OTAY VALLEY ROAD-AUTO PARK DRIVE
This being the time and place as advertised, Mayor Horton opened the public
hearing. The public hearing was not closed, but remained open.
MSC (HortonfRindone) to continue the public hearing to November 24, 1998.
Carried 3-0-2 (Moot and Salas absent).
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
'I
I (I?
'I
ACTION ITEMS
1/1''--
15. RESOLUTION 19269 APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT WITH
RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE
INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND
PALOMAR STREET, WAIVING THE SELECTION PR?'TSS, AND AUTHORIZING THE MAYOR TO
/1- /t
COUNCIL AGENDA STATEMENT
--
Item: /3 ___
Meeting Date: j)lff6799
. 5),2y/9 j
ITEM TITLE: Public Hearing: PCC-99-26 - Request to construct, opefate and
maintain five 75 foot high monopole type AM transmission antenna
on property owned by the Otay Water District adjacent to Village
Five of the Otay Ranch - Applicant: Pacific Spanish Network, Inc.
a.k.a. KURS 1040 AM, San Diego
Resolution No!9 Yf~Solution of the City Council of the City of
Chula Vista approving Conditional Use Permit PCC-99-26, a
request to construct, operate and maintain five monopole-type AM
transmission towers on property owned by the Otay Water District
in the vicinity of the Otay Ranch, and making the necessary
findings N.-.-
SUBMITTED BY, Directm of P"'mio, "'" ~;'~ 't ~
REVIEWED BY: City Manage~~ ~\ (4/5ths Vote: Yes_NoX)
The Applicant is proposing to construct, operate and maintain five 75 foot high monopole type
AM transmission antennas on 6.34 acres of a larger 11 acre site which is owned by the Otay
Water District (OWD). The site is located approximately 2,600 feet south of Otay Lakes Road
and 2,100 feet southwest of EastLake High School. The Site surrounded by Village Five in the
Otay Ranch on the north, south and west (see Attachment 1). Rather than constructing the
traditional lattice tower normally associated with AM radio transmission, the Applicant will be
utilizing a newer technology that uses large monopole/whip type antenna.
The Environmental Review Coordinator reviewed the application and directed the preparation of
a Mitigated Negative Declaration for IS-99-l5 (attached to City Council Resonution No.--.J.
RECOMMENDATION: That the City Council approve Conditional Use Permit PCC-99-26, a
request to construct, operate and maintain five 75 foot high monopole type AM transmission
antenna on property owned by the Otay Water District.
BOARDS/COMMISSIONS RECOMMENDATION:
1. The Resource Conservation Commission considered Initial Study IS-99-l5 at its meeting
of February 15,1999 and voted 4-0 (Fischer, Marquez, Thomas, Yamada) recommending
adoption. The RCC also recommended that the balance of the subject parcel be kept in
open space.
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PCC-99-26: Pacific Spanish Network
Item No. _, Page No.2
March 16, 1999
2. On February 24, 1999, the Planning Commission voted 4-0 (Hall, O'Neal, Thomas,
Willett) recommending that the City Council approve Conditional Use Permit PCC-99-26.
DISCUSSION:
1. Site Characteristics
The vacant site consists of a rounded low ridge top, ranging in elevation from
approximately 575 feet to 625 feet above sea level. The site has been disturbed by
agricultural activities of the Otay Ranch and by grading in the area of a proposed road.
The subject parcel was once part of the Otay Ranch but was given to the Otay Water
District (OWD) for use as a reservoir. OWD may construct a water reservoir on the same
parcel just east of the area where the radio towers are proposed to be located. The plans
to construct the reservoir are pending but may not come to fruition. The area is zoned PQ
(Public/Quasi-public) and the General Plan designates the site as Public/Quasi-Public.
The subject parcel is part of a larger OWD complex which consists of two parcels. These
parcels are divided by a strip of land that will eventually be used as a pedestrian
connection across SR-125 to the EastLake master planned community.
2. General Plan. Zoning and Land Use
Site:
North:
South:
East:
West:
GENERAL PLAN
Public/Quasi-Public
Low-Med Res.
Low-Med Res.
SR-125
Low-Med Res.
ZONING
PQ
PC
PC
PC/Trans.
PC
CURRENT LAND USE
Vacant
Vacant (Village 5 of O.R.)
Vacant (Village 5 of O.R.)
Vacant
Vacant (Village 5 of O.R.)
3. Proposal
The proposed project consists of the installation of five monopole radio antennas mounted
on buried concrete slabs and having an approximate height of 75 to 76 feet. In addition
to five antennas, one transmitter shed measuring 200 sq. ft. and having a height of 10 feet
will be constructed. Each antenna will have 36 buried radial lines to aid in the
transmission of the AM signal. Each antenna will be surrounded by an eight foot high
chain link fence and landscaping. A six foot high chain link fence will be installed around
the perimeter of the 6.34 acre lease area and additional landscaping will be planted on the
property line.
The remainder of the parcel is not part of PCC-99-26, and no other planned OWD
facilities are part of this project. The City Council Resolution specifically excludes any
J~/=<
PCC-99-26: Pacific Spanish Network
Item No. _, Page No.3
March 16, 1999
future plans the OWD may have for the remainder of the parcel and ap proval of PCC-99-
26 does not approve, accept or acknowledge OWD future plans for the remainder of the
parcel.
4. Analysis
When reviewing this project, staff considered a number of issues, including location,
visibility, access, land use compatibility, potential of interference with consumer electronic
equipment, and electro-magnetic/radio frequency (EMF/RF) emissions. The applicant
addressed these issues in a letter dated 12/7/98 (Attachment 2). A summary is provided
below:
Location
Staff requested information from the Applicant as to why this particular location was
chosen as the site for their facility. The Applicant submitted a letter dated 12/28/98
(Attachment 3) in which they list the sites they considered, some of which are in Chula
Vista. It should be noted, however, that all sites on the list attached to the letter are
owned by the Otay Water District. The Applicant considered other properties owned by
the San Y sidro School District, Sweetwater High School District, Southwestern
Community College, City of National City, City of San Diego, Naval District, Sweetwater
Authority, and the County of San Diego. In all, the Applicant considered over 150 sites.
According to verbal reports to staff at several meetings with the Appl icant, the only other
site given serious consideration was the OWD property currently under review by the City
as a golf course located just north of Rolling Hills Ranch. This site was eventually
rejected after concerns were raised by the developer of the proposed golf course. Given
the remaining considered sites, the Applicant asserts that this is the only one that works
for their proposed facility based on FCC regulations and standards.
Visibilitv
The placement of the five monopoles will be lower than and to the northwest of the high
point of the knoll on which they are to be located (see Attachment 1). Immediately to the
northwest and west of the monopole area the Otay Ranch Company will be constructing
single family dwellings in Neighborhoods R-30 and R-31 of Village Five, Otay Ranch.
Because the knoll is at a higher relative elevation than the two neighborhoods, staff was
concerned about visibility impacts.
In order to address any negative visual impacts, the Applicant is proposing landscaping
along the property lines that abut the residential areas as well as around each tower. It
will be consistent with the Otay Ranch landscaping standards. The landscaping plan
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PCC-99-26: Pacific Spanish Network
Item No. _, Page NO.4
March 16, 1999
proposes various types of eucalyptus, oak, sycamore and olive trees, some of which will
eventually grow to block the antennas from view. The landscape plan has been reviewed
by the City's Landscape Planner who recommends approval of the plan.
Staff spoke with representatives regarding visibility impacts from areas in Telegraph
Canyon Estates and EastLake who indicated they had no concerns over visibility.
However, the Otay Ranch Company expressed concerns because they own land
immediately to the north and west of the Project where they plan to build detached single
family dwellings in Neighborhoods R-30 and R-31.
The Otay Ranch Company representatives suggested that the landscaping include
eucalyptus trees in 24" boxes. Staff consulted the Landscape Planner who stated that it
is best if eucalyptus trees grow best if not in boxes and should therefore be planted in 15
gallon placements. This allows the roots to grow faster than if they were planted in 24"
boxes. However, staff is requiring that 25 % of the perimeter trees be a combination of
California Sycamore, Coast Live Oak, and Fruitless Olive in 24" boxes and the remaining
75% be a combination of Sugar Gum, Lehmann's Mallee, Red lronbark, Australian
Willow and Cajeput Tree in the 15 gallon size. The remaining understory plants would
remain as shown on the current landscaping plan.
Access
Immediately to the north of the subject property is an east-west trail corridor designed to
serve the residential areas. To the north of that corridor is another OWD property from
which the towers will be accessed. The proposed access requires incorporation into
already approved improvement plans and must be designed for the type of tra ffic that will
use it (e.g., service trucks, heavy equipment, etc.). This is addressed through a condition
of approval.
Land Use Compatibility
Staff has concluded that the proposed towers are compatible with the proposed nearby
residential land uses based on the fact that there will be adequate landscaping to screen the
towers from the residential areas and because the towers will not generate traffic other
than periodic inspection visits.
Potential for Interference
Of primary concern to staff was the potential for interference with emergency response
radios (police, fire, ambulance). Upon investigation, the Fire Department and Public
Works Department concluded the AM radio transmissions would not interfere with the
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PCC-99-26: Pacific Spanish Network
Item No. _, Page No.5
March 16, 1999
radios in emergency vehicles. Additionally, both school districts confirmed there would
be no interference with their conununications.
There was also concern with the potential of interference with household electronics,
mobile telephones, etc. Staff contacted Shippenberg Township, Franklin Borough,
Pennsylvania as this is the only other place in the lower 48 states where this technology
is being used. The facility is located about one mile outside of town, but according to Mr.
Robert Weaver, of the Shippenberg Township, they have not experienced any interference.
Staff also contacted several wireless conununications providers who stated that because of
the difference in transmission frequencies, mobile telephones are not affected by such
facilities.
The municipal code prohibits interference pursuant to Section 17.24.030, which reads:
"17.24.030 Interference with radio or television reception prohibited.
It is unlawful for any person to operate in the city any device,
appliance, equipment or apparatus generating or causing high frequency
oscillations or radiations which interfere with radio broadcast receiving
apparatus or wireless receiving apparatus or television receiving apparatus."
The issue of potential interference to consumer electronic devices is also addressed in the
Engineering Statement dated 2 October 1998 by Mullaney Engineering, Inc. (Attachment
4). According to the report, "The FCC recognizes that broadcast stations operating in full
compliance with the FCC's technical rules may still cause interference to nearby consumer
electronic devices. Consequently, the FCC has established Rules setting forth the
responsibility of station licensees and permittees to correct certain categories of
interference in a timely manner and at the stations licensee's expense."
This is similar to section 17.24.030 to the extent that it is unlawful to cause interference,
however, the City's ordinance, from a time perspective, is open ended, whereas the FCC
requires corrections within one year from the start of programming utilizing the new
antenna. Since the development of Village Five is just starting and residents will move
into the neighborhoods after the one year correction period, it is staff's opinion that this
time period should be extended.
Applicant's letter of December 7, 1998 (Attachment 2) includes a Supplemental
Engineering Statement dated 4 December 1998, also prepared by Mullaney Engineering,
Inc. This supplement includes an updated map of the one in the Mullaney report of 2
October 1998 (Attachment 4) titled Proposed KURS Blanketing Contours. This is the area
wherein the FCC requires stations to be financially responsible for correcting any
recognized blanketing interference problems within one year from the start of
/s~
PCC-99-26: Pacific Spanish Network
Item No. _, Page No.6
March 16, 1999
tranSIll1SSlon. The supplement points out that "these contours are not meant to indicate the
area wherein interference will definitely occur. ... Field tests have shown that the IV 1M
criteria vastly overstates the interference potential of an AM broadcast station."
Based on this information, the Applicant has committed to correcting any interference
problems over the life of the facility. A condition is included in the resolution of approva I
requiring the Applicant to correct interference problems within the FCC area for the life
of the facility.
EMF/RF Emissions
In their Engineering Statement dated 2 October 1998 (Attachment 4), Mullaney
Engineering, Inc. addressed this issue. The conclusion was that the worst case distance
for human exposure to EMF/RF emissions is 2 meters (6.6 feet) for both daytime and
nighttime operations. Reducing the risk of exposure will be accomplished by placing an
eight foot high fence around the base of each tower a minimum of 2 meters from the
tower. This will comply with FCC guidelines related to human exposure to EMFIRF
emissions.
5. Conclustion
Staff has concluded that the proposed AM radio transmission towers will not adversely affect the
local area and is compatible with surrounding area. However, the project should be conditioned
to require the station to correct interference beyond the one year FCC period. The Appl icant has
offered to correct problems over the life time of the towers. Staff has added the correction
requirement to the conditions of approval.
FISCAL IMPACT: All staff-related costs for the review and processing of this project are being
paid by the Applicant.
Attachments
1. Locator Map and Site Plans
2. Letter dated 1217198 from La Super K 1040 AM addressing issues
3. Letter dated 12/28/98 from La Super K 1040 AM re: sites considered for proposed facility
4. Engineering Statement dated 2 October 1998 by Mullaney Engineering, Inc.
S. Disclosure Statement
H :\HOME\PLANNING\MARTIN\KURS\9926A.113
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RESOLUTION NO. J9y~r;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CONDITIONAL USE PERMIT PCC-99-26, A
REQUEST TO CONSTRUCT, OPERATE AND MAINTAIN FIVE
MONOPOLE-TYPE AM TRANSMISSION TOWERS ON PROPERTY
OWNED BY THE OTAY WATER DISTRICT IN THE VICINITY OF
THE OTAY RANCH, AND MAKING THE NECESSARY FINDINGS
I. RECITALS
1 . Project Site
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A," attached hereto and designated as APN 643-020-25
("Property"); and
2. Project; Application for Discretionary Approval
WHEREAS, Pacific Spanish Network, Inc., a.k.a. KURS 1040 AM San Diego
(" Applicant") filed a duly verified application for a Conditional Use Permit on
November 20, 1998; and
WHEREAS, said application requests approval of a Conditional Use Permit for
the construction, operation and maintenance of five monopole-type AM
transmission towers proposed to be located on a portion of APN 643-020-25
approximately 2,600 feet south of Otay Lakes Road and about 2,100 feet
southwest of EastLake High School and adjacent to Village Five, Otay Ranch
("Project"); and
3. Environmental Review Coordinator Determination
WHEREAS, the Environmental Review Coordinator reviewed the application and
directed the preparation of a Mitigated Negative Declaration for IS-99-15 and
an addendum thereto, and determined that mitigation measures are required to
reduce potential environmental impacts identified in the initial study for this
Project to a level below significant; and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 24, 1999 at which time the Planning Commission voted to
recommend that the City Council approve the Project in accordance with staff's
recommendation and the findings and conditions listed below; and
6. City Council Record on Application
WHEREAS, the City Council set the time and place for a hearing on the Project
and notice of said hearing, together with its purpose, was given by its
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Resolution No.
Page 2
publication in the "Star-News," a newspaper of general circulation in the City,
and its mailing to property owners and residents within 500 feet of the exterior
boundaries of the property at least ten days prior to the hearing; and
WHEREAS, a hearing was held at the time and place as advertised in the "Star-
News," and noted in the mailed notice on March 16, 1999 in the Council
Chambers, 276 Fourth Avenue, before the City Council and said hearing was
thereafter closed; and
WHEREAS, the approval of PCC-99-26 does not constitute the City's approval,
acceptance or acknowledgment of any future plans the Otay Water District may
have for the remainder of subject property.
NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on February 24, 1999 and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that Mitigated Negative Declaration for IS-99-1 5,
attached hereto as Exhibit "8", has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State EIR guidelines
and the Environmental Review Procedures of the City of Chula Vista, and hereby
determines that mitigation measures are required to reduce potential environmental
impacts identified in the initial study for this Project to a level below significant; and
IV. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES
The City does hereby adopt and incorporate herein as conditions for this approval all
applicable mitigation measures, as set forth in Mitigated Negative Declaration 1S-99-1 5.
V. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to
all other evidence in the record, that permits the stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed project is desirable at this location in that the site provides a location that
is acceptable by the Federal Communications Commission (FCCl for the location of
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Resolution No.
Page 3
such a facility and in that the Applicant has asserted that the Project site is the only
site that meets the FCC's requirements for placing such facilities.
B. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the vicinity.
The proposed Project is compatible with surrounding residential and institutional land
uses in that the Project will generate minimal traffic and will be screened from
residential areas by adequate landscaping.
C. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
The conditions of approval, as applied to the Project, are such that the Applicant is
capable of complying with each one in that each condition was crafted so as to
implement the Project, yet preserve the public health safety and welfare.
D. That the granting of this conditional use permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The Project conforms to all elements of the General Plan, the Otay Ranch General
Development Plan and other adopted plans affecting the Project Site and therefore will
not have an adverse impact thereon.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE
PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW:
VI. CONDITIONS OF APPROVAL
The City Council hereby grants Conditional Use Permit PCC-99-26 subject to the
following conditions whereby the Applicant shall:
GENERAL/PRELIMINARY
1. Implement the Project as submitted, unless otherwise modified herein.
2. Comply with all requirements of the Federal Communications Commission
(FCCl, Federal Aviation Administration (FAA) and all Municipal Code
Requirements, and specifically Section 17.24.030 of the Municipal Code, to the
satisfaction of the Director of the Planning and Building Department. Violation
of any federal, state or local regulations may cause this approval to be reviewed
by the Zoning Administrator for modification, revocation or referral to the
Planning Commission for appropriate action.
3. Comply with and implement all mitigation measures as found in Mitigated
Negative Declaration IS-99-15, to the satisfaction of the Environmental Review
Coordinator.
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Resolution No.
Page 4
4. Prior to the issuance of any development permit (e.g., grading permits, building
permits, etc.) the Applicant shall provide the city with a letter from the U.S. Fish
& Wildlife Service finding that the project is in compliance with the U.S.
Endangered Species Act regarding the listing of the Quino Checkerspot Butterfly
(Euphydryas editha quina).
5. Prior to the first transmission and to the satisfaction of the Director of the
Planning and Building Department, paint each monopole flat gray.
6. At submittal for building permits, submit an irrigation plan and revised landscape
plan, to include 25% of the perimeter tree combination as California Sycamore,
Coast Live Oak, and Fruitless Olive in 24" boxes and the remaining 75% as a
combination of Sugar Gum, Lehmann's Mallee, Red lronbark, Australian Willow
and Cajeput Tree in the 15 gallon size. Subject landscape plan shall be
prepared by a landscape architect registered in the State of California.
Prior to the first transmission, install all landscaping and irrigation in accordance
with the approved revised landscape plan, to the satisfaction of the Director of
the Planning and Building Department. Applicant shall maintain landscaping and
irrigation in accordance with the Chula Vista Landscape Manual.
7. Provide brush control of the site for the life of the facility, to the satisfaction of
the Fire Marshal.
8. Install a minimum six (6) foot tall tubular steel picket/wrought iron fence along
all residential areas, to the satisfaction of the Director of the Planning and
Building Department. Subject wall design shall comply with the Village Five,
Otay Ranch design standards as shown in Exhibit "C". Said wall shall be
maintained by the Applicant as long as the facility exists on the Project site. In
the event Applicant ceases use of the facility and removes it from the Project
site, Property Owner shall be responsible for continued maintenance of the
subject wall.
9. Prior to the start of construction, submit plans for the access road. Said access
road shall account for planned pedestrian access to EastLake already approved
and established for the area. Applicant shall cooperate with the City and other
interested property owners/developers in the area in planning and constructing
the access road.
10. Submit all plans to the Crime Prevention Unit of the Chula Vista Police
Department and implement any suggestions resulting therefrom, to the
satisfaction of the Chief of Police.
11. Prior to the start of transmission, inform the Director of the Planning and
Building Department in writing of the first day of transmission from the facility.
12. Prior to issuance of any building permit and to the satisfaction of the Director
of the Planning and Building Department, submit a copy of the approved
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Resolution No.
Page 5
tentative map(s) for Village One and Village Five of the Otay Ranch with an
overlay of the blanketing interference contour(s) (1 VIM).
13. Document all complaints resulting from the operations of the AM transmission
facility within the blanketing interference contour(s) and the actions undertaken
by the radio station to remedy same, and, beginning one year after the start of
transmission, submit an annual report to the Zoning Administrator outlining each
complaint and the remedy.
14. Assume the financial burden for correcting blanketing interference caused by the
Project to surrounding consumer electronic and communication devices in
perpetuity, as determined by and to the satisfaction of the Zoning
Administrator. Applicant shall correct or otherwise address all complaints within
two weeks of the submittal of the complaint in writing to the radio station. If
complaints are not corrected or otherwise address, this approval may be
reviewed by the Zoning Administrator of additional conditions of approval,
revocation or referral to the Planning Commission for appropriate action.
1 5. Not install, cooperate in or allow the installation of additional radio transmission
towers, buildings, or other such infrastructure without first obtaining all
appropriate permits from the City of Chula Vista and State and federal agencies.
16. Implement all terms, covenants and conditions contained herein, to the
satisfaction of the Director of the Planning and Building Department, unless
otherwise specified. If any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or
modify all approvals herein granted including issuance of building permits, deny,
or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The
applicant shall be notified ten days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
VII. APPROVAL OF CONDITIONAL USE PERMIT
The City Council does hereby approve Conditional Use Permit PCC-99-26 subject to the
conditions set forth on Section VI listed above and based upon the findings and
determinations on the record for this Project.
IIX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals herein
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Resolution No.
Page 6
granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation.
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
Applicant shall execute and have notarized the attached Agreement (Attachment
"A"), indicating the Applicant has read, understands and agrees to the conditions
of approval contained herein, and will implement same.
X. INDEMNIFICATION/HOLD HARMLESS
Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this Conditional Use Permit, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and @ Applicant's installation and
operation of the facility permitted hereby. Applicant/operator shall acknowledge
their agreement to this provision by executing the Agreement of this Conditional
Use Permit where indicated. Applicant's/operator's compliance with this provision
is an express condition of this Conditional Use Permit and this provision shall be
binding on any and all Applicant's/operator's successors and assigns.
XI. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the City Clerk.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolution
is dependent upon the enforceability of each and every term, provision and
condition herein stated; and that in the event that anyone or more terms,
provisions or conditions are determined by a Court of competent jurisdiction to be
invalid, illegal or unenforceable, this resolution and the permit shall be deemed to
be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
~~
Joh . Kaheny
City Attorney
/ide leV
t/
Robert A. Leiter
Planning and Building Director
J~C ~ I c2..
Resolution No.
Page 8
ATTACHMENT A
AGREEMENT BY AND BETWEEN
THE CITY COUNCIL OF
THE CITY OF CHULA VISTA
AND
PACIFIC SPANISH NETWORK, INC., A.K.A. KURS 1040 AM SAN DIEGO
AND OTAY WATER DISTRICT
RELATED TO THE CONDITIONAL APPROVAL OF PCC 99-26
The applicant/property owner shall execute this document by signing the lines provided
below, said execution indicating that the Applicant/property owner has read,
understand and agree to the conditions contained in Resolution No. , and will
implement same to the satisfaction of the City. Upon execution, this document and
a copy of Resolution No. shall be recorded with the County Clerk of the County
Clerk of the County of San Diego, at the sole expense of the property owner and/or
Applicant, and a signed, stamped copy returned to the City Clerk and a copy of same
to the Planning and Building Department. Failure to return a signed and stamped copy
of this recorded within thirty days or recordation to the City Clerk and a copy of same
to the Planning and Building Department shall indicate the property owner/applicant's
desire that the project, and the corresponding application for building permits and/or
business license, be held in abeyance without approval.
Signature of Representative of
Pacific Spanish Network, Inc.
KURS Radio 1040AM
Date
Signature of Representative of
the Otay Water District
Date
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Pacific Spanish Network, Inc. PROJECT DESCRIP110N:
C) APPUCANT: CONDITIONAL USE PERMIT
PROJECT Dtay Water District Parcel Request Proposal for construction, operation and maintenance
ADDRESS: South of Otay Lakes Rd, of five (5) 75-foollall radio transmission
SCALE: FILE NUMBER: m;:0) i Exhibit "A"
NORTH No Scale PCC-99-26
h :\home\planning\carlos\1 ocators \pcc9926 .cdr 3/4/99
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Mitigated Negative Declaration
"\
,..
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PROJECT NArv2:
KlJRS Radio jilltennas
PROJECT LOU_TION:
A 6.34 ac. leased portion ofland located on Otay Water Di=ct
(O\VD) property, about 1,600 feet south of Otay Lakes Road
and 2,400 feet west of Eastlake Parkway Drive and the
Eastlake Greens Residential community, Cit\' of Chula \'lSta
6.~~:=:SSOR'S P !.R.CEL NO.
643-020-25-00
PROJECT APPLlC.WT:
Pacific Spanish Network a.k.a KURS-l 040 Radio Station
CASE NO.:
1S-99-15
DATE: January 11, 1999
A Project Setting
The environmental sening consists of hilly knolls and corresponding slopes. The project site
is located south of the Otay Water District water reservoir facility and north of the future
Palomar Road and west of the proposed future State Route 125. The site includes a rounded
Jow ridge lOp, ranging in elevation from approximately 575-625 feet. The site has been
disturbed by agricultural activities and by grading in the area of the proposed access road.
The site is zoned PC (planned Community) and the General Plan designates the site as Puj:llic
& Quasi Public.
Access to the site is through Oray Lakes RDad, a designated 6-lane major arterial. The Olay
Water District water tank reservoirs are IDcated lO the north; vacant land 10 the east and SDUth
is owned by the District and is found in a natural state with recent discing activities having
taken place; land tD the west is presently vacant but is being improved for residential
develDpment as part of the Olay Ranch SectiDnal Planning Area (SPA) 1.
B. Project DescriptiDn
The prDpDsed project cDnsists Df the installation of five whip monDpole radio antennas
mounted on buried concrete slabs and having an approximate height of about 75.S feet
AdditiDnally, a transminer shed measuring 200 sq. ft. and having a height Df 1 0 feet wiJ1 be
constructed. Each antenna will have 36 buried radial lines tD aid in the reception and radio
transmissiDn. Each antenna is proposed tD be surrounded by an S-foO! high chain link fence
and approved landscaping. A six-foot high chain link fence will be inslalled around the
perimeter of the 6.34 acres ofleased area. A dirt road will be graded tD prO\'ide access frDm
the existing O\VD facilities to the lease area.
A: \\!h-,l:nda \159807 . n~f
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Exhibit -B8
Pa.': ~V~
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-----=
- -
I
\.
city of
chula vista planning deDartment 01Y OF
environmental review section QiULJ\ VISIt...
Discretionary actions involve the granting of a Conditional Use Permit.
C. Compatibility with Zoning and Plans
The current zoning on-site is PC (Planned Community) and the site is designated as PubiJ:
& Quasi Public by the General Plan. The proposed project is in complianct with the Zon:;:g
Ordinance and General Plan.
D. IdentifiCaTion of Environmental Effects
.Au1lnitial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project will not have a significam
environmental effect, and the preparation of an Environmental Impact Report will no; be
required. Tnis Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
1. Public Services Impact
Fire
The nearest fire station is located about 3 miles from the project site. The estimated
response time is less than seven (7) minutes. The response time complies with the
City Threshold Standards for fire and medical response time. . This review process
shall be coordinated with other Regulatory Agency review processes to ensure that
no aspect of the proposed project will have an adverse impact on project site soils.
underground Waler table or the surrounding residents and the physical environment.
Police
Tne Police Department indicates the Average Response Time for Priority 1 calls is
4 minutes, 47 seconds. This is just slightly above the Threshold Standard of 4
minutes and 30 seconds. The response time for Priority 2 calls is 6 minutes and 2 1
seconds, and this does comply with the Threshold Standard. The Police Department
will be able to provide adequate service to the proposed land use.
~
Utility and Sef\'ice Systems
Soils
Based on the existing water tank reservoirs being on the project site for many years.
there is no evidence of adverse soil conditions present that would affect the structural
integrity of the proposed antennas or transmitter structure.
A:\llb\imda\is9807.neg
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Drainaoe
"'
..:. ne r-ngineerillg Division indicates that existing on-site and off-SlIt drainage V;ale:-s
are adequately and naturally conveyed into nearby Poggi and T eJegraph Canyor;:;.
Sewer
,r;e project as proposed does not require the installation of sewage facilities anc
,je:-efore no imna::ts to these are noted.
Srreets/Traffic
Tne 1breshold Standards Policy requires that all intersections mUSl 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. No
im=ection may reach an LOS "F" during the average weekday peak hour
1n1=ections of arterials with freeway ramps are exempt from this policy. The
proposed project would comply with this Threshold Policy ror the immediately
arrQcted Otay Lakes Road a six-lane prime arterial which would remain at a LeveLof.
Se:"\'ice "C" with project approval.
Communication Systems
According to an engineering statement prepared by Mullaney Engineering, Inc., and
corrfumed by Rick Matkin, City Building Service Superintendent and Dave Marsden,
Communications Division Supervisor, the proposed radio facility will operate with
a daytime power of 9kW and nighttime power of 4kW which is considered low
pressure conditions. In accordance with a memo dated 12/21/98 and prepared by Yr:-.
Matkin, the proposed radio frequency would not interfere with the city's emergency
resnonse communication system.
Tne Federal Communications Commission (F.CC) recognizes that broadcast
stations operating in full compliance with F.CC's technical rules may still cause
interference to nearby consumer electronic devices such as television receivers and
general communication syst=. In the event that the operation of me radio antennas
create blanketing interferences, KURS Radio will fully comply with FLC
reouirements by responding to complaints of blanketing interference in a timel\'
manner, and assume the financial responsibility involved for correcting the probierr..
The period of time whereby the Radio station retains financial responsibility sha]]
enend to one year after the blanketing area has been fully developed and occupied.
Tne conditions of approval of the conditional use permit will address financial
responsibility.
A:\llb ~mci.a\is9807 .ne;
/5~ /f(
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3. Ai:- Quality
The applicant is not required to obtain a permit from the Air Quality Pollution
Contra] District (/I.PCD) for the installation of an emergency back-up generator.
Standard requirements regarding the control of fugitive dust shall apply during the
construction phase and these shall adequately address any temporary air pollution
problems.
.4 A.e.s:hetics
Tne proposed project will be subject to granting of a conditional use permit and the
proposed antennas, transmitter StrUcture, fencing and landscaping will be subj ect to
Planning staff review and approval. This will help ensure the proposed project will
complement future proposed development, minimize visual impacts and comply
v.ifu all applicable design regulations and policies. The visual impacts of the whip
antennas would not appear to be significant, however, the proposed fencing.
equipment shed and landscaping need to be subject to a further coordinated review
with adjacent development in order to reduce potential impacts.
5. Paleontological
According to the Otay Ranch SPA One Final E.LR. and the Otay Ranch Annexat.ion
Final Second-Tier E.I.R., the proposed project site is within the Upper Sandstone
Unit of the Otay Formation, and has a high paleontological resource sensitivity. Tnis
unit of the Otay Formation has produced important vertebrate fossil remains. The
potential impact to paleontological resources will be mitigated to a less than
significant level by complying with the proposed mitigation.
6. Biological
The site is located on a low hill and is covered mostly with a domestic barley or a
similar grain crop. Two separate biota studies were conducted on-site for this
project. The first report (Merkel & Associates 9/3/98) described the predominant
non-native vegetation and the non-sensitive wildlife observed. The report further
recommended that a focused search be done for the Western Burrowing Owl since
rodent holes were observed on-site. The second survey (Pacific Southwest Biological
Selyices, lnc, 9/1 1/98) followed established Burrowing Owl Survey Protocol and
encountered no sign of Burrowing Owl habitation or activity. The conclusion of the
second survey was that the project site does not support Burrowing Owls because
these species occupy flatter ground with vegetation of shorter stature than found at
the site. No further studies were recommended. No mitigation will be required.
A:\llb\lind.a\is9807.neg
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E. Mitigatio:: "ecessar} to A void Significant Effects
Specific project mitigation measures are required to reduce potential environmental impacts
identified in the initial study for this project to a level below significant. The mitigation
measures will be made a condition of project approval of the Conditional Use Permit, as well
as requirements of the attached Mitigation Monitoring Program (Attachment "A").
The appiiCih'1t shall:
1. Coordinate at the design stage, the proposed fencing and landscaping features with
the corresponding surrounding residential land developers. The proposed fencing
and landscaping plans shall be subject to review and approval by the City Planning
and Building Department.
2. Ensure that a paleontological monitor be on-site at all times during excavation and
trenching for the proposed project. If and when fossils are discovered, the
paleontologist shall recover them. The prepared fossils along with copies of all
pertinent field notes, photos, and maps shall be deposited in a scientific institution
comaining paleontological collections such as the San Diego Natural History of Man.
F. Consultation
1. Individuals and Organizations
City of Chula Vista:
Doug Reid, Planning Division
Benjamin Guerrero, Planning Division
Muna Cuthbert, Engineering
Majed Al-Ghafry, Engineering
Dttane Bazzel, Planning Division
Brad Kemp, Building Division
Doug Perry, Fire Marshal
Richard Preuss, Crime Prevention
Joe Gamble, Planning DivisionlParks & Rec. Sec.
Peggy McCarberg, Deputy City Attorney
Rick Matkin, Building Service Superintendent
Dave Marsden, Communications Division Supervisor
Chula Vista City School District: Dr. Lowe]] Bi]]ings
Sweetwater Union High School District: Katy Wright
Applicant's Agent: Helix Environmental Planning Consultants, Tamara S. Ching
A: \llbllinda\is9807 .neg
/5/04!)
Pa~e .5
2. Do:uments
Cnula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
Otay Ranch SPA 1 Final E.I.R.
CT.2.y Ranch Annexation Tiered E.I.R.
Supplemental Engineering Statement, Mullaney Eng. Inc. (12/4198)
Bio:a Survey, Merkel & Associates (9/3/98)
Fo:used Survey ror Burrowing Owl, Pacific Southwest BiD. Services, Inc. (9/1 ]/98)
Culrural Resource Survey, Gallegos & Associates, (10/98)
3. Initial Study
Tills environmental determination is based on the attached Initial Study, any
connents received on the Initial Study and any connents received during the public
review period for this Negative Declaration. The report reflects the independent
judgement of the City of Chula Vista. Further information regarding the
environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
t;~
-~~/
Date: January 11, 1999
Douglas . Reid
Environmental Review Coordinator
A:\llb\lmda\is9807.neg
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Page 6
Case No. IS-99-15
E~VIRO:'l.'ME~TAL CHECKLIST FORM
1.
Name of Proponent:
Pacific Spanish Network a.k.a. Kl;RS
Radio
2.
Lead Agency Name and Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, ClI 919]0
3.
Address and Phone Number of Proponent:
296 "H" Street, ThIrd Floor
Chula Vista, CA. 91910
(619) 425-2132
4.
Name of Proposa1:
Five whip radio antennas for KURS Radio
5.
Date of Checklist:
January 8, 1999
POlentiall~
Significant
Impact
Potentiall~
Sij!nificant
Unless
Mitigated
Less than
Significant
Imp2ct
'"
Imp::lct
I. LA.ND USE AND PLA-,"~'ING: Would the
proposal:
a) Conflict with general plan designation or
zoning?
o
o
o
II!:i
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g.,
impacTS to soils or farmlands, or impacTS from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an
established community (including a Jow-income
or minority community)?
Comments: The presently developed site is zoned planned community and designated Public and
Quasi Public by the City's General Plan. The proposed project would require the granting
of z Conditional1Jse Permit by the CIty. Tnere are no impacts or conflicts with the zoning
or General Plan.
o
o
o
II!:i
o
o
o
II!:i
o
o
o
II!:i
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Slgnific:lnt {jnJcs~ Sll!nirlCilnt '".
Impact !\1iti~:Slrd Imp3ct jmn~~~
n. POPULA.TION AND HOUSING: Would the
proposal:
a) Cumulatively exceed official regional or local 0 0 0 @
population projections"
b) Induce substantial growth in an area eIther 0 0 0 r&
dire::::. or indirectly (e.g., through projects m an
unde','ejoped area oc extension of major
infrQ7Ucture)?
c) Displace existing housing, especially affordable 0 0 0 [8)
housing?
Comments: Project implementation would not contribute to local population growth nor displacement
0: existing housmg. No adverse impacts are noted.
ill. GEOPHYSICAL: Would the proposal result in or
expose people to potential impacts involving:
a) unSTable earth conditions or changes in geologic 0 0 0 lEi
subsnuctures?
b) Disruptions, displacements, compaction or 0 0 0 [8)
overcovering of the soil?
c) Change in topography or ground surface relief 0 0 0 lEi
features?
d) The desnuction, covering or modification of any 0 0 0 lEi
unique geologic or physical features"
e) Any increase in wind or water erosion of soils, 0 0 0 lEi
either On or off the sne"
f) Changes in deposition or erosion of beach sands, 0 0 0 (8)
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"
g) Exposure of people or property to geologic 0 0 0 r&
hazards such as earthquakes, landslides, mud
slides. ground failure. or similar hazards"
A :\I!::: \lI:1da \is980B::k. trm
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SIg'nifiC3nl
ImpaCI
Potential I'
Sil!niflcanl
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Les~ than
Sl2nirlc~nt
Impact
'"
lmn.:ilc.
.,Comments:
>..(; adverse impa:::ts regarding soils or geophysical conditions are not:.c.. _t>. geologic repo:-:.
was prepared as part of the Otay Ranch Sectional Plan Area (SPA) One and the Fmai
Se:ond- Tier EIR. No ground rupture or liquefaction hazards are expe:ted at the pro.1e:t
sire. The nearest potentially active fault is the La Nacion fault located about two miles west
of the project site. No mitigation will be required.
IV. WATER: Would the proposal result in:
a) Changes in absorption rates, drainage patterns, 0 0 0 [8j
or the rate and amount of surface runoff'
b) Exposure of peopk or property to water related 0 0 0 [8j
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 IZi
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 [8j
water body?
e) Changes in currents, or the course of direction of 0 0 0 [8j
\vate;- movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 IZi
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of groundwater? 0 0 0 IZi
h) Impacts to groundwater quality? 0 0 0 IZi
i) Alterations to the course or flow of flood waters? 0 0 0 IZi
j) Substantial reduction in the amount of water 0 0 0 IZi
otherwise available for public water supplies?
Comments: Tne Engineering Division indicates that the project site is not within a flood plain. The
project site flows naturally on-site and off-site into nearby Poggi and Telegraph Canyons
. No adverse impacts are noted. No mitigation will be required.
V. AIR QUALITY: Would rhe proposal:
a) Violate any air quality standard or contribute to 0 0 0 [8j
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 IZi
A :\lIb \iinda\is9808ck. irm
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c) _L..h~ 2.1:- rnovernen:, moisture, or temperature, OT
caust any change in climate, either locally or
regionally?
d) Create objectionable odors?
e) Create a substantial increase in stationary or non-
stationary sources of air emissions or the
deteno~ation of ambient air quality"
Comments:
"olcnti:llh
I'orcntilllh Sil!nificlln1 Le!>~ llilln
Si~nHjcanl linlm ~I:,niflcan! \"
Irnjlllcl :\'lili~:Ilcll IfTlfl:JCI ]m!l:J~:
0 0 0 rz
o
o
o
rz
o
o
o
rz
'\c adverse impaots to air quality are noted, A back-up generato~ \nth less than 200
b:cakehorse power would be used for emergencies only. Tne project would not be reqUlrec
to obtain a permit through the iur Pollution Control District (APeD). "10 mttigation will
be required.
VI. TRI\.1\'SPORTATION/CIRCULATION: Would
the proposal result in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g.,
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadeauate emergency access or access to nearby
uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supponing
alternative transponation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts"
h) 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.)
Comments:
o
o
o
[81
o
o
o
[81
o
o
o
[81
o
o
o
[81'
o
o
o
[81
o
o
o
~
o
o
o
[81
o
o
o
[81
Tne Engineering Division states that the project SIte is adequately served by Otay Lakes
Road and that the project would have no impacts on this six-lane pnme arterial. No
mitigation will be required.
A: \118 \i<nda\~9808ck. trm
Pag': L
)5/2-5
l'ol(,lIti:JlJ~
"olentialh Si~nific;jnt Les.~ than
Sl;:niflc.ant lJnles~ Si~nirlc:lnl \,
ImpllC! MiljJ!~'l'd Imract IJTlnll~'
'"II. BIOLOGlCAL RESOl."RCES: Would the
proposal result in impacts 10:
a) Endangered, sensitive species, species of 0 0 0 ~
concern or species that are candidates for listing~
b) Locally designated species (e.g., heritage trees)? 0 0 0 ~
c) Locally designated naTUral commumties (e.g, oak 0 0 0 r&
forest. coastal habitat, etc.)~
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 ~
pool)"
e) Wildlife dispersal or migration corridors? 0 0 0 ~
f) Affect regional habitat preservation planning 0 0 0 ~
efforts"
Comments: Tne project site is in a partially natural state. No trees are found on the project site, which
generally consists of a flat mesa with ridge top. The site has been disked and is fuliy
disturbed with no sensitive plant species existing on-site. The site is primarily covered WJth
domesticated barleys and grasses. No sensitive animal or plant species were observed
during field investigations by Merkel & Associates, Inc. 1998. On September 10, 1998,
Pacific Southwest Biological Services, Inc biologists specializing in ornithology performed
a focused search for the Burrowing Owl (Speotyto cunicularia). Rodent burrows typically
used by B. Owls were observed for remains of owl prey and droppings with no sign of the
B. OwL The report concluded that the site does not support Burrowing Owls. No
mitigation will be required.
VIII. ENERGY A.."ID MTh""ER,u, RESOURCES:
rVould the proposal:
a) Conflict with adopted energy conservation
plans"
b) Use non-renewable resources in a wasteful and
inefficient manner?
o
.0
o
[g!
o
o
o
~
c) If the site is designated for mineral resource
protection, will this project impact this
protection?
o
o
o
~
Comments: No impacts to non-renewable resources are noted.
IX. HAZARDS: Would the proposal involve:
A: \I~:J \linda\is9808:::k. trm
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a) A :;5~: of accidentaJ explosion or release of
haza.-aolls substances (including, but not limited
to: petroleum prociucrs, pesticides, chemicals or
radiation)?
Pot~n1iaJl~
"ott'ntiall: Sij:nificanl LenIhan
Sil!nificant Unll's~ Si~nifIC:lnl '"
Impacl J\1iti~;lled hnpac: lmuar"
0 0 0 [g)
b) PosSJ-ole interference with an emergency
respO"'.se plan or emergency evacuation plan"
o
o
o
[g)
c) Tne ::reation of any health hazard or potential
heaitr. hazard?
o
o
[gJ
u
dJ Expos:Jre of people 10 existmg sources of
poter::ial health hazards')
e) Increased fire hazard in areas with flammable
brusr.. grass, or trees?
o
o
o
(8)
o
o
o
[gJ
Comments: Tne proposed project radio frequencies will not interfere with emergency response
communication systems as confirmed by the City's Communications Division SupervisoL
1\0 highly flammable or potentially explosive materials will be used for the project Each
of the proposed antennas will be surrounded by a six foot high chain-link fence, A six-foot
high chain link fence will also surround the 634-acre lease area, Compliance with
e;:ablished standard federal regulations and intallation of the proposed fencing will ensure
tioa: people nor workers become exposed to Radio frequency Emissions per established
f,CC guidelines, No adverse impacts are noted, No mitigation will be required.
X. NOISE: Would the proposal result in:
a) Increases in existing noise levels"
o
o
18I
o
b) Exposure of people to severe noise levels?
o
o
o
[gJ
Comments: Temporary cOTb-rruction noise would occur at the site, however, the short term nature of the
noise, and the di=ce from any existing surrounding residential uses results in less than
significant impacts to the immediate area. All equipment including the emergency
generator will be housed within a transmitter shed and will not exceed day or night exterior
noise level threshold standards per City Ordinances. No adverse impacts are noted. No
mitigation will be required.
Xl, PUBLIC SERVICES: Would the proposal have an
effect upon. or result in c need for new or altered
governmenr sellJices in an_I' afthefallawing areas:
a) Fire peotection?
o
o
o
[gJ
b) Police protection?
o
o
o
18I
A:\ 1I~\irndo \is98D8cU:m
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Page 6
I'oteoti;llh
J'otentiall., SiJ.!nil1can: Leo;\fhan
.sl~njfkanl [Jnlm SJ~nific3nt \,
Imparl r\liti~a\{.t: lmpac: ImflJ~
C) S:::DOCJ!5? 0 0 ~ ~
LJ
d) Maintenance of public facilities, including 0 0 0 ~
roads"
eJ Other governmental services? 0 0 0 @
Comments: :>\0 new Governmental services wilJ be required to serve the proJect. _"0 adverse impact'
aTe noted. FIre and police protection can adequately be pTOvided_. No mnigation wi]] be
reauired.
XII. THRESHOLDS: Will the proposal adversely
impact the City's 17lreshold Standards?
o
o
o
@
As described below, the proposed project does not adversely impact any ofthe seen Threshold
Standards.
a) FiwEMS
o
o
o
@
Tne T nreshold Standards requires that fire and medical units must be able to respond to calls
",oithin 7 minutes or less in 85% of the cases and "'"thin 5 minutes or less in 75% of the cases.
The Cil}' of Chula Vista has indicated that this threshold standard will be met, since the nearest
fire station is 3 miles away and would be associated ","th a 4-minute response time. Tne
proposed project wilJ comply ","th this Threshold Standard.
Comments:
Tne Fire Depamnent indicates that adequate fire service and protection can be provided
to the proposed project site.
bj Police
o
o
o
@
The Tnreshold Standards require that police units must respond to 84% of Priority 1 calls
",oithin 7 minutes or less and maintain an average response time to all Priority 1 calls of 4_5
minutes or less. Police units must respond to 62.10% of Priority 2 calls ","thin 7 minutes OT
less and maintain an average response time to all Priority 2 calls of 7 minutes or less. Tne
proposed project will comply ","th this Threshold Standard.
Comments:
Tne Police Depamnent indicates that Crime Prevention personnel are available to assist the
applicant "'"th security recommendations. No significant adverse impacts to Police senoice
are noted.
cJ Traffic
o
o
u
@
A :\11::: \TInda\is9808:k. frm
/S-c2fSY
PO;JE 7
"llIenllalh
"olcntlall, SiJ!nificanl Le5~ lhall
SI;!llificanl linles.\ Sl~nif'jcant ....11
ImpJCI :'I.lill"-,JltG Impact jmn:J~:
Tne "T:1Teshold StanciaTds require that all mtersections must operate at a Leve] of Service (LOS)
"CO' cr. better, Wlth the exceptlOn that Level of Service (LOS) "D" may occur during the peak
two hours of the day at signalized intersections. Intersections west ofl-80S are not to operate
ataLOS 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
Standard. The proposed project will comply with this Threshold Standard.
Comments:
Tne Engineering Division has determined that the current Level-of- Sen'ice (LOS) "("
",,!oyed by O:zy Lakes Road. a six-lane major arterial. would remam the same wJth
a:JJToval of the nroposed project.. No mitigation wi]1 be required.
d) Park.; Recreation
o
o
o
IZ:
Tne Tnreshold Standard for Parks and Recreation is 3 acres/] .000 population. This
standard does not apply to the proposed project.
Comments: No adverse impacts to parks or recreational opportunities are noted.
e) Drainage
o
o
o
[2j
The T nreshold Standards require that storm water flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consisrent with the Drainage Master Planes) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Comments:
Off-site drainage capacities will not be affected by project approval.
f) Sewer
o
o
o
[21
Tne Tnreshold 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 \\ith this Threshold Standard.
Comments:
Sewer capacities "ill not be affected through project implementation.
g) v.;r ater
o
o
o
[21
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 comply with this
Threshold Standard.
Applicants may also be required to participate in whatever water consen'ation or fee off-set
program the City of Chula Vista has in effect at the time ofbui1ding permit issuance.
A: \l!:J \linda \is980Bck.trm
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Page 8
POlenti:llJ~
I'olentiatt~ Signifll::al11 Lcs~ tblw
SI~nifiCllnt Onlm Signirltant ~rl
Impact Miti~:Jll.'d Impact lmp~':
Comments: "",'ater quaiit\' standards would not be affected through proJecl1mplementation.
xm. urn..rrn:S AND SERVICE SYSTEMS: Would
the proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Powe;- or natural gas') 0 0 0 [8!
b) COIDL1unications systems? 0 [8! 0 0
c) Locai cr. regional water treatment or distribution 0 0 0 I8l
facilities?
d) Sewer Dr septic tanks? 0 0 0 [8!
e) Storm \vater drainage? 0 0 0 I8l
f) Solid waste disposal? 0 0 0 [8!
Comments: Tne proposed uses will not generate a need for new systems or alteration to the
aforementioned utilities. However, the project may have the potential to affect surrounding
ei=onic devices. Therefore, the applicant needs to assume the financial responsibility
for correcting blanketing interference extending for one year after the blanketing area has
been fully developed and occupied. TIris will be made a condition of approval of the
CU.P. as well as applicant compliance with Chula Vista Municipal Code Section
1420.120 dealing with construction management practices. Mitigation will not be
required.
XI\'. AESTHETICS: Would rhe proposal:
a) Obstruct any scenic vista or view open to the 0 [81 0 0
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a scenic 0 0 0 [81
Toute?
c) Have a demonstrable negative aesthetic effect? 0 0 0 [8!
d) Create added light or glare sources that could 0 0 0 I8l
increase the level of sic'}' glow in an area or cause
this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
A :\11:0 \nnda\is9808ck. nm
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Page 9
e) Redu:e an addltJO:oa' amount of spill light"
"otenli:l]I~
"otenti.:lll~ .si~njfi~nt Le!i~ thall
Slcnifit3nl Unles~ Significant ~(,
Impact Mili~::aled Imp.:Il~1 jmp~c'
0 0 0 (&
Comments: Tne project proposes five 75.8 foot high above ground level whip like antennas. These will
be mounded by an 8-foot high chain link fence. A six foot high chain link fence will be
installed around the perimeter of the 6.34 acre leased site. Visual simulations were
prepared to determine potential visual impacts from the proposed project. The simulations
show that the project features would not block view. However. the project represents an
aiteration to the hilly terrain and the project applicant would need to ensure that there wi]]
De no adverse visual impacts by coordinating landscaping and fencing proposals wltn
pcesent development taking place in the vicinity and with the City of Chula V,,:a.
AD1lroval of the project is subject to a discretionary Conditional Use Permit process as welJ
as a site plan and architectural review by Planning staff. Mitigation will be required.
),.-v. CULTURAL RESOURCES: Would the proposal:
a) Will the proposal result in the alteration of or the
desD1lction or a prehistoric or historic
archaeological site"
b) Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan
EIR as an area ofhigb potential for
archaeological resources?
o
o
o
[gI
o
o
o
[gI
o
o
o
[81
o
o
o
(&
o
o
o
[gI
Comments: No prehistoric or historic sites were identified by the Cultural Resources Survey conducted
by Gallegos & Associates (1998). Two isolate artifacts recovered during the survey were
submitted to the South Coastal Information Center at San Diego State University and
the San Diego Museum of Man for testing and these were identified as not significant
and no additional surveys or mitigation are needed for this project.
}",l.. PALEO~10LOGICAL RESOURCES: Will the
proposal result in the ai/eration of or the destruction
of paleonlOlogical resources?
o
[gI
o
o
A:\II:o \iinda\~9808ck. irm
Page 10
)s-/ .J /
Potenliall~
POlenti.aIl~' SIJ!niriram Le5s thall
Si~nU'itanl Unles~ SI~nifiClm "
Impacl Miti~:Jted lmp~rt lmrl~~'
Comments: In accordance v.1th the Otay Ranch SPA One E.I.R. and the Second-Tier AnnexalJon
El.R., the proposed project site is located within the Upper Sandstone Unit of the Ow\"
Fo:mation, and has a high paleontological resource sensitivity. The potential impacts to
paieontological resources v.~ll be mitigated to a less than significant level through
a:r:rropriate mlllgation as follows: (a) A paleontological monitor shall be on-site at all limes
dciTJg excavalJon and trenching activities for the proposed project. (b) \\'hen and if fossils
are discovered. a paleontologist shall recover these. ( c) Prepared fossils along with copIes
of all pertinent field notes, photos, and maps shall be deposited in a scientific instItutIOn
containing paleontological collections such as the San Diego Natural History Museum.
A''ll. RECREATION: Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 [gJ
regional parks or other recreational facilities?
b) Affec: existing recreational opportunities? 0 0 0 [gJ
c) Interfere with recreation parks & recreation plans 0 0 0 [gJ
or programs?
Comments: Tnere are no recreational facilities that will be affected by the project.
A,m. MANDATORY FINDINGS OF
SIGNIF1C.~lIICE: See Negative Declaration for
mandalOnjindings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade
the quaiity 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 or animal community, reduce the number
or restrict the range of a rare or endangered plant
or animal or eliminate important examples ofthe
major periods or Caiifomia history or prehistory?
o
o
o
[gJ
Comments:
A.s the site is an existing developed site within an urbanized area, no sensitive plant or
animal resources v.~ll be affected.
A :\11:> V."da\is980Bck.i=
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Page i"1
b) Doe:: :~e project have the potential to achieve
short-term, to the disadvantage ofJong-term,
environmental goals?
Comments:
rmenti:ll"
J'otenli:lll~ Sil!nific:lnt Lei~ IIl:lU
Si~nirltant tJnle~~ SI~nirIQn: \c
Impact Mill~:Il{'d JmD:I~t Imn~:::'
0 0 0 ~
Tne scope and naurre of the project would not result in the curtailment of any long-t=
e:lyironmental goals.
c) Does "'Ie project have impacts that are
indi\'laually limited, but cumulatively
consiaerablery ("Cumulatively considerable"
means that the incremental effects of a 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.)
o
o
"
rz
Comments: There are no incremental impacts associated with the project.
d) Does the project have environmental effect
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments:
o
o
o
I8I
No adverse effects to human beings is anticipated from project approyaI.
A:\I!::o \iinda\~9808ck.trm
Page~2
/s: 3J
XIX. PROJECT REVISIO~S OR MITIGATIO~ MEASURES:
Tne following projecr revisions or mitigation measures have been incorporated into the project and will be
implemented during the design, construction or operation of the project:
]
The projecc applicant shall coordinate at the design stage, the proposed fencing and landscapmg
features "ith the corresponding surrounding residential land developers. The proposed fencing and
landscaping plans shall be subject to review and approval by the City Planning and Housing
Departrnen:.
"
A paleontological monitor shall be on-site at all times dunng excavation and trenching for the
proposed project. If and when fossils are discovered, the paleontologist shall recover them. Tne
prepared rossils along \vith copies of all pertinent field notes, photos, and maps shall be deposited in
a scientific institution containing paleontological collections such as the San Diego Natural History
of Man.
(); IJIIfIt
Ilt6ject Proponent
r;... If ~ !!
rMe
xx. ENVIRONMENTAL FACTORS POTEl\lIALLY AFFECTED:
The environmental ractors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by
the checklist on the rollowing pages.
0 Land Use and Planning :..J Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service
Systems
0 Geophysical 0 Energy and Mineral Resources [81 Aesthetics
,-, Water Hazards [81
'-' Cultural
Resources/Paleontological
o Air Qualiry 0 Noise 0 Recreation
0 Mandatory Findings of Significance
A:\II:o\finda\is9BOBcUrm
J~/3Y
Page :3
x..x:r. DETER'mATIO!\:
Or. the basis of this initial evaluanon:
I fmd that the JlToposed JlToject COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION wil1 be prepared.
I [md that although the proposed project could have a significant effect on the environment, ~
there wil1 not be z significant effeot in this case because the mitigation measures desoribed
010 an attached shee: have been added to the project. A MITIGATED NEGATIVE
D:o:CLARA. TI01\ ,:il1 be preparec.
] :::od that the pro?Dsed project MAS have a sigmficant effect on the environment, and an
E\\1RONMEJ\T"l IMPACT REPORT is required.
] fmd that the proposed project M!\ Y have a significant effect(s) on the environment, but at
least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal s'.<todards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on ar-.ached sheets, if the effect is a "potential1y significant
impaots" or "potential1y significant unless mitigated." An ENVlRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
[]
I find that although the proposed project could have a significant effect on the
en\ironment, there WILL NOT be a significant effect in this case because al1 potential1y
signiiicant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
inciuding revisions or mitigation measures that are imposed upon the proposed project. An
addendum has b= prepared to provide a record of this determination.
~
1
January 8, 1999
Date
elO
Enviro ntal Review Coordinator
City of Cbula Vista
A:\Il:o \i,oda\is9808ok.im1
/5'~.J~
Page ; L
ATTACHMENT "A"
Mitigation Monitoring Program
15-99-15
This Mitigation Monitoring Program is prepared for the KUR5 antennas and ancillary equipment
proposed within la:ld located on Otay Water Disoict (OWD) property about 1,600 feet south ofOtay
Lakes Road in the City of Chula Vista. The legislation requires public agencies to ensure that
adequate mitigation measures are implemented and monitored on Mitigated Negative Declarations,
such as 15-99-15.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The mitigation monitoring program for this project ensures adequate implementation of mitigation
for the following potential impact: Aesthetics and Paleontological Resources.
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
(MCC), shall be the Environmental Review Coordinator (ERC) for the City of Chu1a Vista. It shall
be the responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring
Program are met to the satisfaction of the ERC. Evidence in written form confirming compliance
with the mitigation measures specified in Mitigated Negative Declaration No. 15-99-15 shall be
provided by the paleontological monitor and applicant or agent identified in the attached Mitigation
Monitoring and Reporting Checklist, to the ERC as stipulated by each mitigation measure. The ERC
will thus provide the ultimate verification that the mitigation measures have been accomplished.
/5/J t
\CTIGATJO'i \10l\:lTORlNG Al\'J) P~PORTING CHECKlIST
PROJECT NAlIE: KURS Radio Antennas and ancillary station equipment
IJ\lTI-\L STUDY NO: 99-15
Issue Area
Aes:hetics
Mitigation Measme #1
"Tne project applicant shall coordinate at the design stage, the proposed fencing and landscaping
featUTes with the corresponding SUTTounding residential land developers. The proposed fencing and
landscaping plaJ15 shall be subject to review and approval by the City Planning and Housing
Department."
Full compliance with this mitigation will ensme that potential project impacts to aesthetic
considerations as a result of the installation of the five whip antennas, the radio station and
surrounding fencing and landscaping are properly accomplished with no additional mitigation being
necessary.
Project Phase Implementation (Project Design; Construction; Post Construction)
At the Proj ect Design Stage
ReSDonsible Agency (ies)
City Planning & Building Depa,"1.ment
/5'- J ;;
MITIGATIO:\ MO~T]TORNG ANi) REPORTNG CHECKLIST
PROJECT NAME: KURS Radio Antennas and ancillary station equipment
INTIIAL STUDY NO: 99-15
Issue _tu-ea
Paleontological Resources
Mitigation Measure #2
"A paleontological monitor shall be on-site at all times during excavation and trenching for the
proposed proj ect. If and when fossils are discovered, the paleontologist shall recover them. The
prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited
in a scientific institution containing paleontological collections such as the San Diego Natural
History of Man."
Fun compliance with this mitigation will ensure that potential project impacts to paleontological
resources as a result of the installation of the five whip antennas, the radio station and surrounding
fencing and landscaping are properly accomplished with no additional mitigation being necessary.
Project Phase Implementation (Project Design; Construction; Post Construction)
Throughout the construction phase
ReSDonsible Agency (ies)
City Planning & Building Deparunent
2
/5/3Y
RESOLUTION NO. PCC-99-26
RESOLUTION OF THE CITY OF CHUlA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CHULA VISTA
CITY COUNCIL APPROVE CONDITIONAL USE PERMIT PCC-
99-26, A REQUEST TO CONSTRUCT, OPERATE AND
MAINTAIN FIVE MONOPOLE-TYPE AM TRANSMISSION
TOWERS ON PROPERTY OWNED BY THE OTAY WATER
DISTRICT IN THE VICINITY OF THE OTAY RANCH
RECIT AlS
WHEREAS, the property which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, and commonly known as APN 643-020-25; and
WHEREAS, a duly verified application for a Conditional Use Permit was
submitted to the Planning and Building Department on November 20, 1998 by
Pacific Spanish Network, Inc., a.k.a. KURS 1040 AM San Diego ("Applicant");
and
WHEREAS, said application requests approval of a Conditional Use Permit for
the construction, operation and maintenance of five monopole-type AM
transmission towers proposed to be located on a portion of APN 643-020-25
approximately 2,600 feet south of Otay lakes Road and about 2,100 feet
southwest fo Eastlake High School ("Project"); and
WHEREAS, the Environmental Review Coordinator reviewed the application and
directed the preparation of a Mitigated Negative Declaration for IS-99-15
determining that mitigation measures are required to reduce potential
enviornmental impacts identified in the initial study for thei Project to a level
below significant; and
WHEREAS, the Planning Commission, in order to render a recommendation to
the City Council on this matter, set the time and place for a hearing on said
Conditional Use Permit PCC-99-26 and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in
the City and its mailing to property owners and residents within 500 feet of the
exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
7:00 p.m. February 24, 1999, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed; and
H :\HOME\PLANNING\MARTIN\KURS\9926PC.RES
/S:- 3 J
Resolution No. PCC-99-26
Page No.2
WHEREAS, the Planning Commission considered all reports, evidence, and
testimony presented at the public hearing with respect to this application; and
WHEREAS, from the facts presented, the Planning Commission hereby
determines that granting the requested Conditional Use Permit PCC-99-26 is
consistent with the City of Chula Vista General Plan and the California
Government Code, and that the public necessity, convenience, general welfare
and good zoning practice support the request.
NOW, THEREFORE, BE IT RESOLVED THAT, the Planning Commission
recommends that the City Council adopt the attached draft City Council Resolution
approving Conditional Use Permit PCC-99-26 in accordance with the findings and
subject to the conditions contained in the attached draft City Council Resolution.
BE IT FURTHER RESOLVED THAT the Planning Commission hereby determines
that this recommendation is consistent with the City of Chula Vista General Plan and
all other applicable Plans, and that the public necessity, convenience, general welfare
and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT a copy of this Resolution shall be transmitted
to the City Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 26th day of February 1999 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willett, Chair
ATTEST:
Diana Vargas, Secretary
H:\HOME\PLANN ING\MARTIN\KURS\9926PC. RES
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CH U LA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Pacific Spanish Network, Inc, PROJECT DESCRIPTION:
C) APPUCANT: CONDITIONAL USE PERMIT
PROJECT Otay Water District Parcel Request: Proposal for constnJclion, operation and maintenance
ADDRESS: South of Otay Lakes Rd, of five (5) 75--fool tall radio transmission
SCALE: FILE NUMBER: monopoles.
NORTH No Scale PCC.99-26 I Attachment 1
h:\homelplann ing\carlos\locators\pcc992 6, cdr 3/4/99
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Ne..5. Pb.:ttl Buildint
2~ti H Shed, Third f1uur
Chul", Yish., CA 91Y10
Ph. (61lJ) 427 5877
Fu (61lJ) 427 044~
t-"-miljJ kurs~lpoilct>ell.net
illS ,....s......
December 7, 1998
Bob Leiter
Director of Planning
CITY OF CHULA VISTA
Re: PCC-99-26/15-99-15
Dear Mr. Leiter:
In response to your memo of December 2,1998, regarding Initial Comments, we
are providing the following information:
1.- Interference - items A B, and C all are addressed in attachments titled
"Supplemental Engineering Statemenf' of Mullaney Engineering, Inc.
2.- Location - This is also addressed in attachment titled "Supplemental
Engineering Statemenf' of Mullaney Engineering, Ine.
3.- Land Use Capability - A U.s. location where this same type of facility is
located in radio station \VHSP 1480 AM in Shippensburg, Pennsylvania.
Staff should contact the City of Shippensburg in order to determine what
current zoning applies to this facility.
4.- Timing - We anticipate construction to begin immediately.
Respectfully,
P1~-/~/
laime Bonilla Valdez
/President
/JBV:ifC
LeLdocjifc4
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Attachment 2
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ATTACHMENT 1
301 92'-01 ~5 Voice
301 590-9757 i=ax
mulleng'@Cio:.:O~ E.mail
JOHN J. MULLAN!'!'
JOH"" M. MULL..NE.... ;>.€ [l9:l.3}
AlAN E. GEAAIN~. ;;i.e.
MULLANEY ENGINEERING, INC.
904; S.-IA.DY GROVE ::~URT
GAITHERS9URG. Me. 2:lE77
SUPPLEMENT AL
ENGINEERING STATEMENT
DISCUSSION OF
VARIOUS ENGINEERING AND TECHNICAL ISSUES
RELA TIVE TO
THE PROPOSED OPERATION OF AM RADIO STATIO!\" KURS
FROM Ti-iE OTA Y WATER DISTRICT SITE NEAR POGGI CANYON
Prepared on Behalf Of
QUETZAL BILINGUAL COMMUNICATIONS, INC.
4 December 1998
7
MULLANEY ENGINEERING, INC.
SUPPLEMENT AL
ENGINEERING ST A TEMENT
DISCUSSION OF
VARIOUS ENGINEERING AND TECHNICAL ISSUES
RELA T1VE TO
THE PROPOSED OPERATION OF AM RADIO STATION KCRS
fROM T:-JE OTAY WATER DISTRICT SITE NEAfI. POGGI CA:\YON
Prepared on Beh,df Of
QUETZAL BILINGUAL COMMUNICATIONS. INC.
4 December 1998
Mullaney Engineering, Inc., has been retained by Quetzal Bilingual Communications,
Inc. (Quetzal), to provide additional information to that contained in the undersign's
October 2"" Engineering Statement regarding certain aspects of the proposed operation
by AM broadcast station KURS from the Otay Water District Site near Poggi Canyon.
The issues addressed are those laid out in Items]. and 2. of a December 2, 1998, letter
from the City of Chula Vista Planning Department. In particular, a discussion will be
provided concerning:
j) Lack of any expected impact on radio communications by the Police
and Fire Departments;
2) Expected extent of potential interference to consumer electronics
devices;
3) Definition of "mobile receivers"; and
4) Restrictions on the location of AM broadcast station KURS imposed by
the Federal Communications Commission (FCC).
8
-1-
E.ngineering Statement
Quetzal Bilingual Communications, Inc.
4 December 1998
MULLANEY ENGINEERING, INC.
GE~ERAL DISCl'SSIOJ\ OF II\TERFERENCE:
The potential of an AM broadcast station to cause interference to other radio devices
or electronic equipment can be divided into three categories:
]) Co-channel and adjacent channel interference: This occurs when the
interferi~g station operates on a freauency the same as or very close to the
-. .
frequen:y of the station being interfered with. To 2\'oid this type of interference.
the FCC has established minimum distance separation requirements for stations
operating on the same or nearby frequencies.
2) Harmonics and spurious emissions: This occurs when the interfering station
generates extraneous signals on the frequency of the station being interfered
with. To avoid this type of interference, the FCC has established strict limits on
the stre~gth that these extraneous signals can have.
3) Receiver overload (also referred to as "brute force" interference): This occurs
when the affected receiver (or other electronic device) is located within close
proximity to .the interfering station and is subjected to very high signal levels.
This is the type of interference treated by the FCC under the category of
"blanketing interference".
When ollerati;;g in accordance with the FCC Rules. an AM broadcast st"ti<;ln would not
be expected to cause interference under categories j) and 2) above. Any interference
which might occur under category 3) above would be very limited in nature. A more
detailed discussion follows:
POT<:I\TIAL jl\TERF<:REJ\CE TO POLlCEAND F:RE COMMUNICATIONS:
AM broadcast stations operate in the frequency band extending from 540 kHz to
j 700 kHz. In particular, the station KURS proposal is for operation on a frequency of
J 040 kHz. Police and Fire radio stations can operate on various frequencies in the
following bands:
MW Band
1630 kHz (fire only); j 722, 1730, & 2366-2490 kHz (police only)
'1
"
-~-
Engiocering Statement
Quetzal Bilingual Communications, Inc.
4 December 1998
MULLANEY ENGINEERING, INC.
Low Band VHF
37-46 MHZ; 72-76 MHZ
High Band VHF 150-] 70 MHZ; 220-222 MHZ
UHF B<lnd 450-470 MHZ; 470-512 MHZ
806-824 MHZ; 851-869 MHZ; 929-930 MHZ
Microw<lve 1427-1435 MHZ; 2450-2500 MHZ; & 10.550-10,680 MHZ.
With the exception of the frequencies in the MW range, the frequency separation
between the AM radio band and the police and fire radio bands is so great that no
interference would occur. As to the MW frequencies, none are harmonically' related
to KURS's freq~ency of 1040 kHz. The FCC restrictions on other spurious emissions
make it unlikely that the proposed KURS operation would interfere with any police or
fire station (if any) operating on the MW frequencies listed above. In the unliKely
event that such interference does occur, Quetzal will cooperate witb the Police and Fire
Departments to eliminate the problem.
,
POTENTtAL INTERFERENCE To CONSUMER ELECTRONICS DEVICES:
The 1 VIM Blanketing Contours attached to the undersigned's 2 October 1998
Engineering Statement reflect tbe area wberein the FCC requires the station licensee to
be financially responsible for correcting any recognized blanketing interference. These
contours are not meant to indicate the area wherein interference will derinite'"
occur.
Field tests have shown that tbe I VIM criteria vastly overstates the interference potcnlial
of an AM broadcast station. In particular, in 4 cases, tests showed no blanketing
interference problems at signal levels up to at least 4 VIM. These cases are contained
in FCC files and are identified on the following page:
I A hamlO~ic is an integer multiple of the fundamental frequency. I.E. for 1040 kHz, harmonics would be
2080 kHz. 3120 kHz. 4160 kHz. 5200 kHz. etc. It)
-3-
Engi.nccring Statement
Quetzal Bilingual Communications, Inc.
4 December 1998
MULLANEY ENGINEERING, INC,.
1.
Gre7\ada Broadcasting Company, Inc.
Grenada, Mississippi
Present: 1400 kHz, 0.25 kW, U
Proposed: 1400,0.25 kW, I kW-LS, U
I FCC 2d 1009
Survey in field strengths from 1 to 4 Vim showed no blanketing
interference problems
2 W:-100 Radio. Inc. 4 FCC 2d 437
Oriando, Florida
Present: 990 kHz. 5 kW, 10 kW-LS. U, DA-N
Proposed: 990 kHz,S kW, 50 kW-LS, U, DA-2
Survey showed "no blanketing with signals as high as 4.7 Vim.
3. Cape Fear Broadcasting Company
Fayetteville, North Carolina
Present: 940 kHz, 1 kW, 10 kW-LS, U, DA-N
PiDiJosed: 940 kHz. I kW, 50 kW-LS. U, DA-2
Survey in field strengths from 0.88 Vim to 4.4 VIm showed no blanketing
interference problems
4. O.K. Broadcasting Company
Fairfax, Virginia
Present: 1310 kHz, 0.5 kW. \ kW-LS, U, DA-N
Pr()posed: 1310 kHz, 0.5 kW, 5 kW-LS, U, DA-2
Survey showed "no blanketing with signals as high as 4.3 Vim.
There is currently pending before the Commission a rule-making proceeding in which
it has been proposed to increase the AM blanketing contour level in recognition of the
above field measurement studies (see "Comments of the Association of Federal
Communicatio"s Consulting Engineers" in MM Docket No. 96-62).
1n light of the preceding. attached is a modified version of the blanketing contour map
showing both the] Vim and 4 Vim contours for both proposed daytime and niohttime
'" .
KURS operations. From the map it is clear that while the area wherein the FCC holds
II
-4.
Engineering Statement
Que:zal Bilingual Communications, lnc,
4 December 1998
MULLANEY ENGINEERING, INC.
the station licer:s::e financially liable extends a fair distance from the proposed towers,
the area wherein interference is actually likely to occur is quite small.
DE;:I7'iTJON OF "\10B1LE RECEIVERS":
In th:: blanketir.g rulemaking procccding refercnccd abovc, the FCC includes thc
foliowino two definitions:
<>
Mobile Reccivers - Devices that do not remain in one fixed location. These
devices are excluded due to their inherently transient
nature.
Portable Receivers - Capable of being carried. whether operating by electric
cord or batteries.
NOTE:
Not all portable receivers are operated in the mobile mode.
FCC SITE RESTRICTIONS
FCC interference pr6tection requirements limit the amount of signal that KURS can
radiate in the direction of protected stations. This in turn Jimits the maximum power
which can be used, which in its turn limits the amount of signal which can bc radiated
in the main lobe of the antenna directional pattern. The end result is a limit on the
distance from the tower site to the field strength contour which the FCC r'equires t9 be
placed over the city of license (i.e. San Diego). By "moving too far to the east" KURS
would not be able to place the necessary field strength contour over San Diego.
SUMMARY
The proposed KURS operation from the Otay Water District Site near Poggi Canyon
would not cause interference to Police or Fire radio stations operating in the YHF, UHF
or Microwave bands. ]t is unlikely that KURS would cause interference to Police or
Fire radio stations operating in the MW band.
/~
-).
Engineering Statement
Quetzal Bilingual Communications, Inc.
4 D=mbcr 1998
MULLANEY ENGINEERING, INC.
The Jrea wherei~ interference to consumer electronics is actuJlly likely to occur is
m~ch smaller tbn the area wherein the FCC pl.lces the financial burden for correcting
recognized blJr.keting interference on the station licensee. Quetzal will be financially
respDnsible for the relatively few, if Jny, complJints that are actuJlly expected to occur.
fiLe 6~
Alan E. Gearing, P.E.
1.3
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News Plaza Building
290 H Sheet, Third Fluur
Chuh Yish, CA 919]11
.JA~-==-; / ~ ~-, qC(U
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rho (619) 427 5877
Fax (619) 427 0449
e-mail kursGpachel1.nt.'1
IllS ,..s......
December 28,1998
Bob Leiter
Planning Director
CITY OF CHULA VISTA
Re: PCC 99-26/15-99-15
Dear Mr, Leiter:
In response to the issue of the tower site location raised at our December
23, 1998 meeting, I am providing the following information which we believe
demonstrates due diligence on the part of KURS Radio.
In general, our needs for an appropriate site were centered around a
parcel that was adequate in size, shape and topography and free from external
source that would interfere with the signal transmission. Further, we needed
something isolated enough not to create any negative visual impact on the
adjacent areas. Essentially, our minimum size requirement ranged from 10 to 15
acres.
Once a potential site is identified, the corresponding data is submitted to
the Engineering firm authorized to practice before the FCC, in our case Mullaney
Engineering, and then an analysis is conducted to determine site suitability in
relation to FCC standards. If it is determined that the site does not meet FCC
standards because of signal interference, topography or several other conditions,
then no amount of adjustment makes any difference, the FCC will not approve
that particular site.
With that background, we have been in the process of locating an
appropriate site for the last 2 years.
I",
KURS radio San Diego
Attachment 3
In that time we have had discussions with several public agencies in the
South Bay area, including San Ysidro School District, Sweetwater High School
District, Southwestern Community College, City of National City, City of San
Diego, Naval District, Sweetwater Authority, County of San Diego and of course
the Otay Water District
With the exception of the current site, all other sites that were considered
proved to be not acceptable.
We reviewed approximately 58 separate parcels belonging to the Otay
Water District, many of which are in the City of Chula Vista, before deciding on
the proposed site. The attachment titled "Otay Water District Properties" will
illustrate specifically some of them in Chula Vista.
Our records indicate that we have considered over 150 potential sites
before determining to go ahead with the proposed site.
In our estimation, given the strict criteria, we have demonstrated due
diligence in our search for an appropriate site.
Sincerely,
"vv Ad r->-:-
J e Bonilla Valdez
P esident
cdeiter.doc/ ifc4
ttachments
/1
OTAY WATER DISTRICT PROPERTIES
(Listed by Map Number)
,,~ :r/~,;<>@. ~ SYS.
APN PROPERTY and ADDRESS ACRES MAP
1 515-101-04 3-2 Reservoir (978-1) 0.55 378
2542 Pence Drive
2 517-111-15 Vista Grande Res. & PS (803-1) 1.20 368
517-111-68 1612 Vista Grande Road
517-111-69
517 -282-09 1200-1 Reservoir 1.06 369
1697 Burris Drive
3 518-102-75 Windriver/Sonnet PS 0.037 357
2508 Windriver Road
4 518-030-25 20-3 Reservoir (803-2) 1.43 357
2825 Willow Glen Drive
5 506-021-06 2-1 & 2-3 Reservoir (832) 3.74 ""7
~~-
12118 Campo Road
6 519-020-16 Rancho Jamacha Bdry - LD. 2 0.43 332
519-331-28 Jamacha View - grant deed #899 .36
7 498-371-07 Hillsda1e Pump Station 0.32 356
1688 Jamacha Road
8 502-240-09 20-2 Reservoir (850-3) 2.06 355
12885 Jamacha Blvd.
9 502-182-31 ~~:~;a~:::~~:UmP St~tigir.CV 342
506~010-10 .
502c030-51
<
10 497-011-45 Russell Square Sewer Pump Sta. .0092 365
513 9 1/2 Russell Square
11 506-021-05 2-1 Pump Station 0.55 331
12176 Highway 94
12 506-021-08 Steele Canyon Pump Station 0.23 331
11977 Singer Lane
property.doc
If
4/24/98
Page 1
OTAY WATER DISTRICT PROPERTIES
(Listed by Map Number)
APN
PROPERTY and ADDRESS
ACRES
SYS.
MAP
13 580-020-19 Ralph W. Chapman Water Recyc. 6.26 319
580-020-28 Facility & FDIC Land Aquisition
#1059 - 11901 Singer Lane -..=-
14 596-010-51 2-2 Reservoir (1090-1) 2.01 320
3033 Millar Ranch Road
15 596-211-06 2-2 Pump Station 0.74 320
596-211-07 3029 Millar Ranch Road
16 5%-031-02 9-1 Pump Station 0.19 321
13255 Campo Road
17 596-062-24 9-1 Reservoir & 9-2 Pump Sta. 5.20 322
3102 Vista Diego Road
18 596-062-18 Vista Diego Hydro-Pneumatic 0.09 322
Station - 3151 Vista Diego Rd.
19 519-200-05 9- R p."PTlln;,.- (1 Li.&,S 2) fntnm .-t-- 336
-
519-200-06 9-3 Reservoir (1485-1) 0.64
15008 Lyons Valley Road
20 596-173-18 9-3 Pump Station 0.14 323
14303 Lyons Valley Road
21 597-220-44 9-2 & 9-4 Reservoir (1296 -1-2) 1.08 307
597-221-43 13635 Bear Mountain Way 5.01
22 597-220-56 Otay Property 0.002 307
,.
Bear Mountain Way
~~ 597-270-18 Ranch Jamu1 Pump Sta. (1581-1) 0.16 206
-.)
14715 Presilla Drive
24 505-672-21 20-1 Reservoir (850-1) 0.93 317
2105 Ledge Avenue
property. doc
/'1
4/24/98
Page 2
OTAY WATER DISTRICT PROPERTIES
(Listed by Map Number)
SYS.
APN PROPERTY and ADDRESS ACRES MAP
25 579-031-18 1-4 Reservoir & Pump Station 0.68 316
579-031-16 (1004) 1828 La Presa Avenue 0.54
26 579-364-17 1-3 Reservoir & Pump Station 0.59 302
(546-1) 1230 Buena Vista Ave.
27 577-461-06 1-2 Reservoir - Hydro Pneumatic 0.35 301
Station (451-1)
8136 Dorchester Drive
28 579-408-02 I-I Reservoir (657-1) 0.74 303
5t9A08-03 1-6 Reservoir (657-2)
1156 San Bernardino Avenue
29 585-160-20 Jamacha Blvd. 1.32 200
Grant Deed #587
30 579-310-21 Parcels for 36-inch Pipeline 0.355
579-310-26 La Presa A ve./San Carlos Street
579-310-27
579-310-28
31 586-180-17 Quarry Road / Elkelton 0.064 197
'7 584-160-40 Aqueduct Connection No.5 0.16 198
~-
584-160-41 and Chlorine Station
584-532-68 444 Ruxton Avenue
" 579-322-25 CaltransiBwy 54 - 36" pipeline 0.91 198
~~
34 505-672-19 La Presa Pump Station 0.62 317
505-672-20 10557 Jamacha Boulevard
35 505-230-51 Otay Water District Offices ( 13.30 318
505-230-16 2554 Sweetwater Springs Blvd.
505-230-37 Otay Operations/W arehouse
505-230-40 2553 Sweetwater Springs Blvd.
505-230-47
505-230-23
property .doc
~
4/24/98
Page 3
OTAY WATER DISTRICT PROPERTIES
(Listed by Map Number)
SYS.
APN PROPERTY and ADDRESS ACRES MAP
505-231-30
36 580-010-21 1-5 Reservoir / Hydro-Pneumatic 1.12 304
Station (850-2)
10710 Elevator Road
37 585-140-14 Wastewater Reclamation Use ~O 1~7
1-
585-140-21 Area 980-1 & 980-2 Reservoirs
595-040-01 10770 Proctor Valley Road
595-040-03
595 -040-04
595c040-05
595-040-08
38 595-020-07 Tax Deed in Haley's Addition 0.92 158
(Unimproved)
0 640-050-33 22-2 Reservoir (485-1) 0.92 112
996 East H Street
G 640-070-34 Chula Vista Branch Office Site 0.51 95
640-142-08 (Unimproved)
(;) 643-020-08 Central Area Pump Station & 2.00 114
"'----/ 643-020-25 Reservoir (613-1)
643-020-26 10391 Gtay Lakes Road
643-020-27
643-020-35
643-020-40
644-221-60
G 643-020-13 Patzig Reservoir (624-1) 6.10 114
10389 Otay Lakes Road
6 595-070-48 22-3 Reservoir (711-1) 5.09 131
2010 Gotham Street
a 595-370-68 22-1 & 22-4 Reservoir (711-1) 2.29 131
2710 Otay Lakes Road
Page 4
~(
4/24/98
property.doc
OTAY WATER DISTRICT PROPERTIES
(Listed by Map Number)
APN
PROPERTY and ADDRESS
ACRES
SYS.
MAP
45 644-221-68 LD. 10 Reservoirs 0.99 66
(458-1 & 458-2)
651 Point Barrows Road
46 648-010-23 Roll Reservoir (571-1) 18.29 55
646-040-14 444 Alta Road
646-040-16
648-010-25 Future Reservoir Site 3.71 55
Grant Deed #1070 (part of parcel)
47 648-010-17 High Head Pump Station (870-1) 1.07 55
442 Alta Road
48 648-010-19 Upper Reservoir (870-1) 8.42 55
440 Alta Road
49 648-070-18 Otay Mesa Road! AHa Road 3.64 26
Pipeline
50 646-13 0-09 Otay Mesa Road/Harvest Road 25
Valve Station Vault
(COUNTY OF SAN DIEGO)
51 646-120-22 Otay Mesa Operations Center 9.84 25
9287 Airway Rd. S.D., 92173
52 515-051-07 Singing Hills Reservoir (803-3) 1.72 370
13690 Highway 94
(0 595-321-12 Eastlake Pump Station 0.59 131
2420 Otay Lakes Road
(0 643-020-21 Eastlake 30 MG Reservoir 15.06 114
1230 Eastlake Parkway
55 519-312-61 Wild Mustang Place 335
Grant Deed #1001 (portion of)
property. doc
'2~
~/24/9S
Page 5
OTAYWATER DISTRICT PROPERTIES
(Listed by Map Number)
. MAP SYS.
I
I No. APN PROPERTY and ADDRESS ACRES MAP
56 597-041-28 Jamul House Property 9.84 309
13690 Highway 94
(fi) 593-382-39 Rancho Del Rey Well Site 1.21 17-
_I
'.~ Rcho Del Rey Pwy @ Terra Nova
~' 6-+4-010- 37 Future Reservoir Site 4.85 66
. )
J Sequoia St., Chula Vista
TOTAL ACRES: 752
"
property.doc
2.3
4/24/98
Page 6
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MULLANEY ENGINEERING, INC.
g.o..g SHADY cnovr: DDUR.
OA!1HER38URQ. MD 2Ct:i7
2 DClober 1995
Mr. Robert A. :..eiler, AICP
Dj~ector of Pi"r.:::ing
Piar\ning Dcpa;-c:;,.eol
27t, Four~h A:'\'~:-,u~
Ch:..:!('. Vista. C/o 91910
RE: KDRS, 1040 kHz, Sail Diego, CA
Proposed Operatio)) from OtllY \Vater
District Sit", near Post! Cllnyor.
Dear Mr. Leiter:
Mr. Jtlime BDni:;~. of Quctzal.Bilillgu:lI Communications. Illc.. requested that 1 prepare
ar: engineering nilaJysis addressing various technical concerns relative te the proposed
op::~..tion from tile Otny Water District Site near Poggi C:myol\ by AM radio .lation
KURS. J 040 kHz. San Diego, CA. I believe the attached Engineering Statement is
responsive to those concerns.
if ;'vu have llD)' glJcstions or te{Juirc anything further pJe.ase let me know.
Very truly yours,
~c~
Alan E. Geuring, P.E.
Sel1io: E.ng~llcer
En:. - Engineering Stltt~mcnl
cc; l\.1r. Jaime 3onill~
:vir. Allan SDtzsl:y
Robert L. Thompson, Esquire
[with cncJ(1su~eJ
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Attachment 4
Oct-02-98 20:25 M l&ney Eng;n~er;ng. Inc ~ -590-9757
P.03
Jr,k..lJ."Ul..tJ,~!:Y
JOi<(Uk..lof.A.!.l\lofll".,..(..t:Di'()
J..\.Ni to. ~HC. ,..,.
~fO' 1)::!1-l11'c. VDi~.
301 ~90-l!7S7 Fu
"1\l11t1lpr(l.aoi.tom E-mail
MUI..I..ANEY ENGINEERINCl. INC.
~(l.<{1 GH,ll.OY.GROYE COllRT
GA.f'THERSfsURG. MO 206'77
. ;ENGl~EERING S1 A TEMEN'I.
DISCUSSlON OF
V ARJOllS ENGJNEERING AND TECHNICAL ISSUES
RELATIVE TO
THE PROPOSED OPERATION OF AM RADIO STA-rION KURS
FROM THE OTAY WATER DISTRICT SITB NEAR POGGI CANYON
Prepatcd cn Benalf Of
QUETZAL BILINGUAL COMMUNICATIONS. INc.
2 Octo~r ] 998
~s-
~
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oct-02-982.0:25 Mul'a.n\.
Eng1n~er1ng? Irlc 301-59
;;1757
P.04
MULLANEY ENCINEERINQ. INC.
ENGINEERING STATEMENT
DISCUSSION OF
VARIOUS ENGINEERING AND TECHNICAL ISSUES
RELAJ1VE TO
THE PROPOSED OPERATION OF AM RADIO STATJON KURS
FROM TrlE OTAY 'VATER DISTRICT SITE NEAR POGGI CANYON
Prcp~red on llenrJf Of
QUETZAL BILINGUAL COMMUNLCATJONS, INC.
2 October 1998
Mullane)' Engineering, Inc., h:IS been retained by Quetzal Bilingual Communical:ons,
Inc. (Quetzal), to review certain aspects of the proposed operation by AM broadcast
l;tation KURS from the Otlly Water District Site near Poggi Canyon. Tlte items
adaressc6 are tbose: laid out in MOWD Antenna Project. Processing Steps ond Timeli'lc
_ I" Rough Draft" dated 09/2-19&. In panieular, II discussion will be provided.
concerning:
1) Potential human exposure to radio[requency C"RF") emissioYls,
2) Potential interfer~ncc to consumer ele.ctron;cs devices,
3) Altcmative ntl1ersna sites considered,
4) RestrictiulI~ on the location llnd operntion of AM broadcast station
KVRS imposed b)i eithertbe Federal Communications Commission (FCC)
or Federal Aviation Administration (FAA), and
5) Co-location of .other facilities Dt the proposed site.
Some of these issues also rn"y be addressed in other related filings to be sub/llitted by
Quct7.nl.
-1-
2~
1./
~~~-U~-~d ~O;26 M
laney Eng1neer1nr;l.. Ine: 3. .-590-<:3757
D,OS
.L:n;;in<:.cri:1g S:.;awncnt
QuctZlll llDiOlr""l CommunkaliWl$. rne:.
2 October m~ '
MULLANEY I:NGINEERING, INC.
Gm..!;RAL EAC'KGRf)c;ND
The Federal Communications Commission (FCC) is the main federal agency charged
with Iegu]aling [be construction and operation of bro~d;:nst stations such ns KURS,
AlsQ, the Fcderal Aviation Adminislfluion (FAA) monitors the pOlential impact that
bro~deilst station anle:llla structures may huvc on aeronautical safety.
Among ,he "neious technical rules enforced by the FCC an: thoae designed to cOlltrol
~xpos-ure to xFefJ,1,j,,,,c,iOJlS :aud to Jim.it in\DrfeCC110o tD olectronic d~vicca located within-
cJose proximity to a broadcast :;talion transmiUcrhlOtcnnn site. Aha, the PCC places
restrictions eoncenllng interference protection [0 other broadcast stlllions and minimum
service requiremellts to the stlltion's city of license, This l~st t\Vo criteria tend to limit
tlie aTea wherein the FCC will permit a station to locate its transmitter/antenna site.
The FAA Rules regarding ~erpnautie;tl obstructions and ll"i<lIrds to air navigation "Iso
Ciln restrict the area wherein II broadCilS[ station tl;tay locate allnntenna structure.
A~ parl of the standard proees~ to secure II construction permit to build the pruposed
KURS facility and to secure" license to cover operalion of the facilities once built. the'
PCC wiil require Quetzal 10 demonstrate that
I) The proposed KURS facilities will CDJI1\)lv with the pertinent FCC Rules
governing eXposure to RF emissions,
2j Quetzal will comply with the pertinent FCC Rules regarding mitigation of
interference e:lused to nearby electronic devices,
3) The proposed !CURS facilities wlll follv protect from inteItcrencc all other
preViously authorized broadcast stations, ';
4) The proposed' KURS antenna structures would not bc a b<tzard to air
lJ;\vig.:o.tjon.
The fOllOWing paragraphs provide II more detailed discussion of the requirements oflhe
vn:rious Rule~.
-2-
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~
Oct-02-96 20:27 Mullar.
Engineering. Inc 301-S~
9757
P.06
En::lz>ccrln.\: SllCtmont
Qut'!zD.llllllngll:l1 Commllnlc.:lUl>Il!, in\:.
2 October 1<;98
MULl.ANEY ENGlNEERING, INC.
FAA ST'll! RE,.<:'rRlC"l'lON!:
The tower. propose.] to he employed by Quetzal for the KU RS directioHlll antenna array
will be only approximatel)' 76 feet in height ahove ground level. The FCC nnd FAA
Rules do not norma.lly require notificatioll of struclure~ le~s than 200 feet high as sllch
short Structures would not constitute an aeronautical obstruction unless located ve.ry
close to an ~irpClrt. The prc-posed KURS towers have heen studied rehltivc to Brown
Field located approximately four miles soutll of the propo6eu KURS site. The proposed
KURS towers do not reouire notification to tbe vAA.
FCC SITE RESTRICTIONS
IlllerfcIcnce protection requirements of the FCC Rules. restllt in both the daytime and
nighttime KURS antenna system. gcnerating the strongest signal in n southwesterly
direction. This in turn lends to :> requirement Illllt the station locule lts
transmitter/antenna sile to the north and ellSt ofrm area it wishes to serve. While a site
further north would be preferable to the one under current consideration, QuelZaJ has
spent more thnn a decade attempting to secure such n sile. without success. The FCC.
Rule requirements concerning the minimum signal strength whleh mUst 'oe placed over
11 bToadcnsr station's city of license limits KURS from moving 100 far enst. The Otay
Water District Site nenr Poggi Canyon now under consideration. uppca~ to be the best
site availa.ble.
POTliliDn1.HuMAN EXPOSURE TO R A nJOIlREOUENCY EMISSfClNS
The FCC Ruies require that all broadcast 6tation~ be deSIgned aod constructed such that
neither workers nor the general public arc e"posed to levyls Df rndiofrequeney
electromagnetic fields eiccerling identified guidelines adopted by the FCC, C\\rrent!y
the peninent gllidclinee are those set forlh in .'Biological Effects and Exposure Cl'iterill
for Radit'frcqucncy Electromagnetic. Fields," NCRP' Report No. 86 (19&6) and "Sufet}'
NCRP . National Cnaocil on Radiation PrOu,el;on 3l1d McasUrcolcl1lS
.J..
1...Y
.{
Oct-02-9820:29 M,angy Engineer1ng, Inc 3< -590-9757
P.07
l::n~fJ'1c...t'inS St~an~nt
QUtlJ.al Bmngll.ll COlllllnmbtioll5, Ine.
Z October 1998
MUL.LANIOY J:NGINEERINO, INC.
Levels with Respect 10 Humnll EApO~U.t to Radio Frequency Electromagnetic Fields.
3 kHz to 300 GHz," ANSlilEEE2 C95.1-1992.
The propos eel KURS facility is for operation OD 1040 kHz with daytime power of 9l:W
;lod nighttime power of 4 kW. The worst enst: distance for compliance with FCr:
guidelines for general ?ublie exposure is 2 meters (6.6 feet) for both daytime and
nighttime op~aLion. .
In order Lo prevent excessive exposure to the genenJ public. c!leh of the propo$Cd
KLJRS towers will have a b:l.;oe fence loeated no less than 2 meters from the Lower. The
fence will ill: eight feet in height :lI1d will have a Jacked gale to restrict access to
authorized personneL
Standnrd opcraling procedures will be established to ensure that when work illside the
tower base fences 'is required, workers will not be expesed to RF emissions in excess
of the pertinent establisbed guideline levels for controlled areas,
PQTEN'I'!AL Ir-rrllRFERENC1O To CONSUMER EtECTIlON1CS DEVICES
The FCC recognizes that broadcllst statiom operating in full campHanee with tIle l~CC' s
technical rules may still ;;ause interference to nearby consnmer elee'tronics devices.
Consequently, the FCC has established Rules setting Corth the responsibility of otation
licensees and permittees to correct certain categories of interference in lltimcly manner
and at the station licensee's expense. In panieular, Section 73.88 of the AM Broadcast
Rules states:
'.
,
,
ANSI - Amcri= National Slandard.1nstitutc
IEEE - I",,!;!u!>: of Electrical and Electronics En!;inecrs. Inc.
-4-
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Dct-02-9S 20:31 Mullanl
Engineer1ng, Inc 301-59
J757
J.::n:iUl"Crill~ Sbtenl'Cnt
QUtr1;AI Billngll:l! Commun1c~IIo::~, Inc.
:2 October 1!>9B
MULLANey ENOINEERINO, INC.
"The licensee of each bronde:lst station is required to salisfy all
1"ellsonable c"mplain~ of blankering interference within the I V/ll1
conloui'.
Note: For more detailed instrLlctjons com:cming operational
ICSpOIlSibililies of llcensee~ and pcrmittce5 under thi"
se:lion, see p3.3IR(b). (e) :md (dj."
The referenced rule sections require that licensees or permittees satisfy all complaints'
of bl:mkc.ting interference which are rcc~ived by the station during 11 one year pl.>riod
beginning with commencement of programming uti liz:ing the llCW antenna. Resolution
of complaints an: to be at no charge 10 the complainant. The FCC Rules specifically
e>.ernpt certain categories of devic.es: nlalfunctioliing Dr mistuned receivers, improperly
installerl an\enn" system., the USe of high gmn antennas. or the use of :lntenDU booster
amplifiers. MobUe receivers and IIon-RF devices such as tape recordcr~ or hi-fi
amplifiers (phonograph.) lire also excluded.
Folbwing the .ulle year period of full financial obligation to satisfy blanketing
complaints, licensees are still required to provide technical information or assistance
to aid complainants in remedying blanketing interference.
Most incidences of interference to consumer electronics devices caused by nearby AM
broadcast station transmitters can be cured by the installation of an appropriate filter
at the affected device or Ie-louting interconnecting cables. In extreme cases it may be
nece.sary to replace the affected de\'i:::: with a mock:1 which is mi;>re resibtiv:: to outside
Rf' energy. There are thousands of AM broadcnst s,ations operating throughout the
United St~tes, many with powers well ill eACCSS of rhose proposed for Use by KURS.
Mnny of tbese stations haye their studios and business offices co-located with their
, 'l':v.: provo."'c KURS I VIm bhmkwlIg eontour would extend 11 m,n"imum of 1.9 km
(12 mile) daytime and 1-1 lint (0.7 mile) nigbttime - seel1llJlch<:<l map.
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tran~mitter and nntennas. in ~\lch cases, the signal strength lit the studios and offjce~
would be much higher than would typically be the case for a nearby residence... Thnt
these stations successfully employ elabornle telephone systems and otller electronic
devices sud "s tape reeordero, phonographs, televjsion receivers, etc.. further Hlppons
the conclu.;on rhl'll blnllk::iJ;g imerference CRn be I'ent!ily sc]"cd.
SIIMMARY
The FCC h~ established Rules covering both human exposure to rudiofrequcncy'
emissions end mitigation of imerference to consumer electronic devices, The proposed
KURS facilities wj IJ be designed !lnel built to compI>' witb thc$e Rule.. Furthermore,
Quetz:al will comply the i'cqldremcnts concerning responding to complaints of
blanketing interference in a timely manner.
QaetZ:lll has spent more than a decade se..rcJling l"Qra site [0 locate the KURS
directional antenna system. The combined requirements of interference protections to
otller broadc:lsl stations and required nlinimum Coverage to' the city of Hecnse (San
Diego), plus the inability tt! obtllin approval for II more northerly locate.d site, result in
the Otay Wllter District Site near Poggi Canyon currently under consideration beill8 the
be5t site available.
While it wOllld be technice\Jy fellSilJlc for other radio transmission facilities to share
the KURS site, Quetz;;!l has no plans to permit snch co-loc:atiClo with the exception of
Otny W:ner District installations for its own Use.
';
A-~~G~
Alnn E. Gearing, P.E.
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Oct-Cl2-SB 20:35 Mullan!
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MULLANEY EHOINEERING, INC.
DECLARATTON
1. Aian E. GCicring, dccJnre and state that 1 am i\ graduate electrical engineer with :1
Bachelor ofScier,ce degree in Electrical Ellginccringfrom SUNY University <ll Buffalo,
that ram u regi,nered professional engineer in the Dist~jct of ColumbiQ (since 1979),
ana [hat [ have provided enginec:rillg ~ervices in the arca of telecommunications since
1973. My CJu,.lification~ ns ~n expert in radio engineering are a mimer of record with
the FedeTal Communications Commission. I am a senior engineer with the firm of'
Mullaney Engineering. Inc.. consu1tingradio lelecommunlclltion6 engineers with offices
in Gaithersburg, Maryland.
The firm of Mulhmey Enginee.dn!?Inc.. Ilas been retained by QUETZAL BILlNGUAL
COMMUNICA nONS, INC.. to prepare the attached engineering statement cOIlt;crning
unuzll -e
~.. e 1" rad.~ 'J"I! ueRe
device". I1ntI other lec:hnJclll iSliue~ relative to the proposed operntion of AM radio
station lCURS from the Otay Water District site nur Poggi Canyon.
All filct~ cOIllained therein are true of my own knowledge c):cept those stated to be on
information nna belief. and as to tho~c facts. J believe them to be truc. I declare under
penalty of perjury that the foregoing i. true and eorrcct.
~z: C~
Alan E. Guring, P.E.
Dlstrkt of Columbia Number 7406
Executed en the 2nd day of Oelober 1998
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SEPTEMBER
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September 1.998
PROFESSIONAL BACXGROUNDOp ALAN E. GEARING, F.E.
Alan E. Gearing is .. senlor engineer at Mullaney Engineering,
Inc., a fin:: en9"get! in radio telecon:munications engineering.
Mullaney Enginaa=ing, Inc., and it5 predeceosor [ir~s, have been
providlns consulting engineering services to the broadcast and
teleco~llnications industrie$ since 1950. The firm currently provideB
services for M, Ft.l, :rV, LPTV, l'10S/M/lIOS/ITFS, Celluiar, and other
types of the radio telecommunication systems.
~r. Gearing's principal.area~ of experti&e include AM, FM, and TV
engineering, as well as engin~erin9 oesign of microwave.
MDS/l'1.'1DS/!'rrs, cellular, traditional t,,'o-way radio, and paging
systems. More speci~ically, ~r. Gearing has extensive experience in
frequency allocation studies [both for established radio services and
for ident.if:ri!l9 spectrum. for new servl ceo:); prop"s"tion stuciie61 AI'!
antenna deGi9n and adjustment 1 pr.epilrat:i. on of FCC applicZl tions for
Illost types of radio :systems requiring FCC licensing; ",itc Gur-,reys
conCerning exposure to radio frequency radiation compliance with A~SI
guidelines, coordination with the Federal Aviation Administration
concerning th~ impact of proposed telecommunications services on
aviation installations, and the development of computer aided
engineering software.
Prior to joining Mullaney Engineering in 1995, Mr. Gearing worked
for several yearz on his own as well as being associated with thE'
Washington a=ea consul ting engineering fi rlns of I Rubin Eleena rek and
ASSOCiates, Inc. (REA), 1993-1994; and Jules Cohen (lnd Associates,
P.C. (JCI..!\), 1973-1l/91. In addition to .Jork in .the broi'dcact urca,
While at RBA Mr. Gearing participated (on behalf of a major cli$ot of
the fi=m) in the TIA standard committee meetings dealing with the ~PCO
Pr0ject 25, to develop standards for a new digital Public Safety radiD
1
3~
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Oct-02-98 2:0;44 M' lcaney Eng1r"1eer1ng.. Inc 3
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I'rofessional Bccl<ground of Alan .1::. GearJng
Septe.lllber 1998
MULLANEY ENGIN!;ERING, INC.
prOject 25, to develop .tandard& for u new digital public Safety radio
SYiitsm. On hehalf of another client, he> participated in the industry
committees on developing a domestic digital audio hroadcast system and
hi~h speed digital :M Subcerrier system. He also worked with
telecom~unication6 service providers requiring freQuency coordination
service to fit into the crowd~d Spectrum (collision avoidance systems
for ground vehicles cn3 wireless biotelemetry deVices for monitoring
intensive Cere patients), At JC&P., when;. he spent "ight~en years
after coll~ie. he worked in all area6 ot broadcast and radio
telecommunications engineering. In 1990 end 1991 he was the enginber
in :::haI:ge 0: a project to Il.nll.ll'ile the dIgital audio hrOfldcasting
system d~veloped in europe for its SUitability for implementation in
the U, S. The WOI:k included study at: the appropriate rellion of the
electromagnetic spectrum for implementation of the new service,
development of i!l sui table propngaHon model, deterJ<lina1:ion of tne
po~r requirements for variou_ servico cree objective6, and the
development of al ternlllte frequency a1.100ation schemee for this
country. Ee W'a6 heavily involved in the de61gn of cellular radio
systell1l5 including the area of traffic engineering. At; the t11110e he
left JC&A he was a partneI: of the firm and held the posi tion of
Vice-preSident/SeCI:etbry.
Mr. Gearing has served as an instructor for the Directional
Antenna systems Seminars sponsored by the National Association of
BroA3casters. He halO presented papers at the Broadcast Engineering
con~erence of the NAB on digital audio broadcast. He has participated
an ~~e FCC Rodic Advieory Committ~e studying changes to be made to the
rules governing the AH broadcast system and chaired tho working party
dGaling with adjacent channel ni9httime interference calculation!;. He
also cO-lluthcred a chapter in the 7th edition of .The N1.B Engineering
Handbook.
Mt. Gearins is e. forIUer President of the Association of Federal
Co~unications Consulting Engineers (AFCCE) and a Member of the
Inst.itute of Electrical and. Electronic Engineers (lEE!?;). lie is ...
member of the IEEE's Broadc~Gt TQchnolovy Society Admini5tr~tive
2
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Eng1nBsr;ng, Inc 301-59
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Profe~~ional Background of Alan E. Gearing
September 1990
MULLANEY ENGINEERII~G, INC.
COmItittee and haG twice served as ch"irman of the !EE:E Ers Annual
broadcast SYOlpoai\lm. 1'1"(. Gearing also ir.; a member of tbe u:et
Consumer El~ctronics, Vehicular Technology, Propagation. and
Electromllgne ti C Compa tibili ty Societies. He is a memba r of the
National Engineering Honor Society {Ta'.l Beta Pi), the Society of
liroadcas-r Engineers [SEE), and the Association of Public Safety
Coron~:.c~tion o.:~ic&cs (A.?COJ. 1:n 198" he was selected as Centennial
YounS Enginee~ by the Eroadca~t ~echnology Society of the IEEE and he
is listed in ::.he S~cond Edition of Who'e 'riho in Frontiers of Science
and "ec:hno}ogy.
ML Gearing is Il graduate of the state Univen,ity of: New iorlt
Univ~rs1ty at 3uttalo, having graduated Magna Cum Laude ir. Electrical
En31neeLiu9 wi"th concent.ration in communicat.ions llngineering and solid
state ..atllrials. ~e has .completed one year of post graduate study at
Brown university majoring in communications engineering and
informat~on th~cry. P.r. Gearing i~ a regi~tered professional engineer
in the District of Columbia and is currently pursuing registration in
the Commonwealth of Virginia and the state of Maryland.
3
~
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters whIch wili
require discretionary action on the part of the City Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
I. List the names of all persons who have a financial interest in the contract, i.e., contractor, subcontractor, material
supplier.
Pacific Snanish Network Inc Jaime Bonilla Valdez (Co-Applicant with Otav Water District)
2. If any persons identified pursuant to (1) above is a corporation or partnership, list tbe names of all individuals
owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
JaimE" Bonilla Valne7 is Secreta\y-TreasHrer ofPac;f'ic: Spanish Network lnc: He is thE" sole
shareholder in this cornoration.
3. If any person identified pursuant to (1) above is a 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 trustee of the trust.
Not Annlicable
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commis-
sions, Committees and Council within the past twelve months?
No
5. Please identifY each and every person, including any agents, employees, consultants or independent contractors
who you have assigned to represent you before the City in this matter.
Law Firm of Barbosa and Garcia. California Land Use Consultants. Pacific Southwest Biological
Services, Inc" Mateo Camarillo
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 preceding election period? Yes [ ] No [X] If yes, state which Council member(s):
Person is defined as: "Any individual, firm, co-pannership, joint venture, association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision. or any other gToup or combination
acting as a unit."
(NOTE: Attach additional pages as necessary)
Date:
f\) .
'V--
Si ature of contractor/applicant
J IME BONILLA V.
P 'nt or type name of contractor/applicant
.3/
WPC:F:\HOME\PLANNING\STORED\1011_A.93 (Ref. 1020.93) (Ref. 1022.93)
Attachment 5
Page 14
3-22-1999 2,29PM
---....-..-"..-
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AN
INVESTMENT IN
THE FUTURE
ElOARD OF DIRECTORS
P,oaldent
Joe.nne Cla)"lon
Pres:ident Eject
Ga.~ Nord81r::lm
Vice pnastaent..:
Sooft Alevy
Kevlfl. Kreutzer
Bet'! Rlcharoson
Bev Turner
Membe....;
Marilyn C,lstobal, DDS
\.arry Cunr,ingham
Pa1ly Davi.
Jose Doria
a,1 Hell
HsnriHarll
Kim Kilkenny
EnriQue Melgar
Len Moore
Scott Mother
Fran Muncey
RoDen Penner. MD
JimPHn'i
iodd Stona
Past President
8rad Wilson
Executive Director
Rod Davis
FROM CV CH.c.t-13ER COt--1t€RCE 6"1 g..:,.:'::l.::.11 :d.b~
.4Y ~
cY7~ flJ ...7
CHULA VISTA CHAMBER OF COMMERCE
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JiCCIlEDITED
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March 22, 1999
The Honorable Shirley Horton
:Mayor, City of Chula Vista anli
Memb--...rs of the Oity Council
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mayor Horton and Memterg ofthe City Council:
The Chula Vista Chamber of Commerce $UPports the development
of the KURS AM 1040 Pacific 3panish Network Monopoles Farm.
Tris unobtrusive transmittL'lg facility will en$ure the continued
presence of the corporete headquarters ofthe seven-station Pacific
Spanish Network in Chula Vil:ta. And. by the establishment of its
own transmitting facility, the leakage of revenue to a San Diego
based station from which h."'UI:S now rents transmitting
capabilities will be eliminatec..
The Pacific Spanish Network I,erves the majority of our population
and is dedicated to serving OU]' co=unity. Pacific Spanish
Network is II member of the C :lamber, and we are pleased to
support this corporate expana: on within the city limits of Chula
Vista.
Sincerely,
Chula Vista Chamber ofCom:nerce
9a~./!L (!J~ V
"
Joanne Clayton
President
JC:ce
cc: City Manager
City Clerk
Bob Leiter
.,~'" ,.nllRT1oI AV"NIIF . (:.~IJ~A v,~"1. C".., '''.NIA "0'(':' TFl
Ul1 0 \ ",. O. fl. II (':3
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 03/23/99
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-99-18; Proposal to install,
operate and maintain a 45-foot high monopole and storage/equipment
building at Eastlake High School, sports field - Nextel Communications.
Resolution: /9YO';tranting a Conditional Use Permit, PCC-99-18 to
Nextel Communications to construct an unmanned Cellular
Communications Facility at 1120 Eastlake Parkway
SUBMITTED BY: Director of Planning and BUil1{~t
REVIEWED BY: City Manage~, ~\ (4/5ths Vote: Yes_NolO
Nextel Communications is requesting permiSSIOn to construct and operate an unmanned cellular
communications facility at 1120 Eastlake Parkway, at the Eastlake High School sports field. The
project will consist of an equipment building, emergency generator and a 45-foot monopole
supporting 12 directional (panel) antennas. The monopole location is proposed adjacent to the
existing sports field lighting standards. ( Refer to Attachment 1). Slides and overlays will be
available during the meeting.
The Environmental Review Coordinator has concluded this project is a Class 1 Categorical
Exemption from environmental review, minor alteration of an existing public facility, per the
California Environmental Quality Act.
RECOMMENDATION: That City Council approve the attached resolution to construct and
operate an unmanned communications facility at Eastlake High School Sports Field, 1120 Eastlake
Parkway.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission considered this
proposal on February 24, 1999 and voted (4-0-2-0) to approve a resolution recommending that the
City Council approve Conditional Use Permit, PCC-99-18 for a 45 foot monopole with a
storage/equipment building in accordance with the draft City Council Resolution No._.
DISCUSSION:
Background
On February 24, 1999, the Planning Commission considered and approved the proposal for a 45 ft.
high monopole and the 350 square foot storage/equipment building as recommended by staff.
/c6 - )
Page 2, Item No. :
Meeting Date: 3/23/99
1. Site Characteristics
The site currently contains a public high school, associated accessory structures and athletic fields.
The monopole is proposed on the westernmost portion of the school football and track field. This
site is on a plateau overlooking the future alignment of State Highway 125.
2. Zoning and Land Use
Site
North
GENERAL PLAN
Public/Open Space
Public/Open Space
Commercial Retail
Public/Open Space
Residential Low/Medium
Public/Open Space
ZONING
Public/Quasi
Open Space
VC-I
Open Space
PC
Open Space
CURRENT LAND USE
High School
Community Park
Shopping Center
Vacant
Residential
Open Space
South
East
West
3. Proposal
Nextel Communications proposes to construct an unmanned cellular communications facility at
Eastlake High School, at the western edge of the school football field and track. The 45 foot
monopole will be placed near the top of the slope overlooking the future alignment of State
Highway 125. It willl:-e situated in line with the existing light standards for the field. Those light
standards are 80 feet in height. The proposed equipment building will match the existing school
storage building. The new metal building will contain 350 square feet. As agreed upon by the
school district, the new enclosure will provide 150 square feet for school storage use and the
remaining 200 square feet will accommodate the equipment supporting the cellular facility system.
The applicant has indicated there may be a need to operate an emergency generator during power
failures. The project has been conditioned to remove the portable generator upon completion of
usage. (Refer to Attachment 2).
4. Analvsis
The proposed wireless facility will be located in the PC (planned Community Public/Quasi Public)
Zone, on the school site. The proposed use will be located on the sports field, which is fenced
and bordered to the south by a large open space area, future Highway 125 alignment, and Otay
Ranch development. The proposed monopole will be significantly shorter than the current light
standards for the sports field. The monopole will be similar in design and color to the light
standards. The Sweetwater Union High School District has governing authority over uses and
functions on school property. The City of Chula Vista retains permitting authority. Staff believes
the site location, monopole height, and mature landscape buffer visual impact to surrounding
residential properties.
/ ~ -cl
Page 3, Item No. :
Meeting Date: 3/23/99
5. Conclusion
Staff is recommending approval based upon the findings and conditions of approval as noted in
the attached draft City Council resolution.
FISCAL IMP ACT:
There is no fiscal impact as a result of this proposal. The applicant has paid all required fees.
Attachments
] . Locator Map
2. Planning Commission Minutes, Report and Resolution
3. Disclosure Stateme:'1t
(H :\homelplaoninglmarialpcc99] 8c. f)
7:30 a.m. 3/12/99
/1-3
RESOLUTION NO. / 9YcJ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-99-18, TO NEXTEL COMMUNICATIONS TO
CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 1120 EASTLAKE
PARKWAY
A. RECITALS
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is represented
in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at Eastlake High School, 1120 Eastlake
Parkway ("Project Site"); and,
2. Project Applicant
WHEREAS, on September 30, 1998 a duly verified application for a Conditional
Use Permit (PCC-99-18) was filed with the City of Chula Vista Planning
Department by Nextel Communications (Applicant); and,
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 45-foot high monopole. The facility will
consist of twelve (12) panel antennas, three small antenna supports, with 200
square foot equipment building on the Project Site; and,
4. Planning Commission Record on Application
WHEREAS, the Planning Commission scheduled and advertised a public hearing
on the Project for February 10, 1999, and
WHEREAS, the Planning Commission meeting of February 10, 1999 was canceled
and continued to February 24, 1999. The Planning Commission considered and
approved a motion to support staffs recommendation for the monopole; and
5. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on March 23, 1999, to receive
/6~f
Resolution No.
Page #2
the recommendation of the Planning Commission, and to hear public testimony
with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on February 24, 1999 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 1
Categorical Exemption from environmental review pursuant to !:lI5303 and !:lI53 1 1 of the
California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator was reached in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
E. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the [mdings required by the
City's rules and regulations for the issuance of conditional use permits, as hereinbelow set
forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be
made.
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality cellular phone
system in eastern Chula Vista, specifically providing service for the Eastlake and Otay
Ranch areas. The Nextel Communications system is used by many public service
providers including sheriff, police, fire and paramedics.
The requirement for mandatory sharing will eliminate or reduce unnecessary proliferation
of monopoles while providing future tower or antennae sites elsewhere in the City.
/6 ~.5"
Resolution No.
Page #3
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
According to study submitted by the applicant, cellular communications operate on low-
power radio waves. Emissions from cellular antennas have been shown to be below any
levels that would cause hazardous biological effects. In addition, cellular antenna
emissions are so far below all recognized safety standards that they constitute no hazard
to public health or safety. The project has been conditioned that the applicant prove
compliance with the accepted ANSI standards for emissions control.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
Conditional Use Permit PCC-99-l8 is conditioned to require the permittee and property
owner to fulfill conditions and to comply with all the applicable regulations and standards
specified in the Municipal Code for such use.
The conditioning of PCC-99-18 is approximately proportional both in nature and extent to
the impact created by the proposed development in that the conditions imposed are directly
related to and are of a nature and scope related to the size and impact of the project.
4. That the granting of this conditional use permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The granting of PCC-99-18 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a public/quasi-public site. The site is surrounded
by residential, commercial and public/quasi uses, said uses conforming with the General
Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-99-18 subject to the
following conditions whereby the applicant and/or property owner shall:
1. Construct the Project as described in the application, except as modified herein to
allow for the monopole design, storage/equipment building and emergency
generator.
2. Upon construction of the monopole, the applicant shall paint the monopole structure
a subdued gray shade to blend with the existing light standards on the sports field.
/(/;/0
Resolution No.
Page #4
3. Upon construction, the applicant shall paint the storage/radio equipment building
the colors of the existing school storage building and adjust colors to match any
future building color changes.
4. The two small antennae on the storage/radio equipment building shall be painted
to match the building.
5. Cooperate in good faith with other communications companies in co-locating
additional antenna on pole structures and/or on the tops of buildings provided said
co-locatees have received a Conditional Use Permit for such use at said site from
the City. Permittee shall exercise good faith in co-locating with other
communications companies and sharing the permitted site, provided such shared
use does not give rise to a substantial technical level or quality-of-service
impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether permittee has exercised good
faith in accommodating other users, the City may require a third party technical
study at the expense of either or both the permittee and applicant.
6. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a
project implementation report to the Director of Planning and Building which
provides cumulative field measurements of radio frequency (EMF) power densities
of all antennas installed at subject site. The report shall quantify the EMF
emissions and compare the results with currently accepted ANSI standards. Said
report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal report and the accepted ANSI
standards. If on review the City in its discretion finds that the Project does not
meet ANSI standards, the City may revoke or modify this Conditional Use Permit.
7. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts. If on review the City in its discretion finds that the
project interferes with such reception, the City may revoke or modify the
Conditional Use Permit.
8. Upon completion of construction, provide one 2A:I0BC fire extinguisher at a
location satisfactory to the Fire Marshal.
9. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department.
10. Consideration should be given to the use of graffiti deterrent materials for the
equipment building, refer to Attachment 2.
/& -- ?
Resolution No.
Page #5
II. A temporary generator may be used only for emergency purposes during power
failures, and may not be stored on the site. It must be immediately removed upon
power restoration.
12. Compliance with the school district requirements, refer to Attachment 2.
13. Comply with the City's Municipal Code noise standards. Within three (3) months
of the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building which provides cumulative field measurements
of facility noises. The report shall quantify the levels and compare the results with
current standard specified in the Municipal Code for residential uses. Said report
shall be subject to review and approval by the Director of Planning and Building
for consistency with the project proposal dated September 30, 1998 and Municipal
Code noise standards. If on review the City finds that the project does not meet the
Municipal Code noise standards, the City may revoke or modify the permit.
14. This Conditional Use Permit services a defined service radius. If the Applicant
requests a second tower within the same service radius, the Applicant shall be
required to amend this Conditional Use Permit.
15. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance
written notice to the Permittee and after the City has given to the Permittee the
right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive Permittee
of a substantial revenue source which the Permittee can not, in the normal
operation of the use permitted, be expected to economically recover.
16. This Conditional Use Permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
17. Applicant's failure to meet ANSI standards for EMF emissions or City's Municipal
Code noise standards or the interference with area reception shall constitute
grounds for revocation or modification of this conditional use permit.
18. The Applicant shall remove the monopole and return the site back to its original
condition within ninety (90) days of cessation of use of the monopole.
19. Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, "liabilities")
incurred by the City arising, directly or indirectly, from (a) City's approval and
J?-;r
Resolution No.
Page #6
issuance of this Conditional Use Permit, (b) City's approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein, and c) Applicant's installation and operation of
the facility permitted hereby, including, without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this Conditional Use Permit where indicated,
below. Applicant's/operator's compliance with this provision is an express
condition of this Conditional Use Permit and this provision shall be binding on any
and all of Applicant's/operator's successors and assigns.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines provided
below, said execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be recorded
with the County Clerk of the County of San Diego, at the sole expense of the property owner
and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk's Office and known as
Document No.. .
<::
Sig~ of ~h;;ol Distr!ct Representative
(V't!L !?1 ftHtiUatt. '
Signature of Representative of
Nextel Communications
Date
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in consultation
with the Applicant, whether or not the tower height can be lowered.
J6 '-9
Resolution No.
Page #7
I. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that
in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
Presented by
Approved as to form by
J~~-r~ r
City Attorney
Robert A. Leiter
Director of Planning and Building
H:\HOME\PLANNING\MARIA \PCC\PC9918C.RES
March 12, 1999 7:303.m..
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT N tie . f PROJECT DESCRIPTION:
C) APPLlCANl: ex e ommUnlca Ions CONDITIONAL USE PERMIT
PROJECT 1120 Eastlake Parkway Request Proposal to construct a 45 foot high monopole
ADDRESS:
and equipment room at Eastlake High School.
SCALE: FILE NUMBER: I
NORTH No Scale PCC-99-18
h:\home\planning\carlos\locators\pcc9918cdr 3/12/99
Attachment 1
page is blank
pag
ATTACHMENT 2
Planning Commission Minutes
.3-
February 24, 1999
3. PUBLIC HEARING: PCC-99-18; Proposal to install, operate and maintain a 45-foot high
monopole, housing 12 panel antennas and equipment building on the Eastlake High School
Sports Field - Nextel Communications.
Background: Maria Muett, Assistant Planner reported that the project consists of a 45 foot
monopole and it 350 sf storage and equipment building to be located on the Eastlake High
School sport field and track. As requested by the school district, the new enclosure wi II provide
150 sf for school storage use and the remaining 200 sf will accommodate the equipment
supporting the cellular facility system.
The applicant could not co.locate on the existing GTE facility attached to the Performing Arts
building because the height of the building did not serve Nextel's needs, interference with the
GTE facility, and the School District preferred another location for the Nextel facility.
Staff recommendation: That the Planning Commission adopt Resolution PCC-99-18
recommending that the City Council approve the Conditional Use Permit based Council
Resolution and conditions and findings contained therein.
Public Hearing Opened 8:50.
Steve laub, JM Consulting Group, 6665 Convoy Ct., San Diego representing Nextel
Communication, stated the applicant chose this location, next to the sports field, so that it would
be removed from the classrooms and it would blend in with existing light standards.
The goals is to try to fill in some existing gaps in the coverage of that area, particularly in Eastlake
and future SR.125. In addition, several federal law enforcement agencies are Nextel users and
there have been many requests to have better coverage in that area.
Public Hearing Closed 8:55.
MSC (Thomas/Hall) (4-0-2-0) that the Planning Commission approve PCC-99-18, a proposal to
install, operate and maintain a 45-foot high monopole, housing 12 panel antennas and
equipment building on the Eastlake High School Sports Field. Motion carried.
.3
page is blank
ITEM TITLE:
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date:2/24/99
Public Hearing: Conditional Use Permit PCC-99-18, Proposal to install,
operate and maintain a 45-foot high monopole, housing 12 panel antennas
and equipment building on the Eastlake High School Sports Field - Nextel
Communications.
Nextel Communications is requesting permission to construct and operate an unmanned cellular
communications facility at 1120 Eastlake Parkway, at the Eastlake High School sports field. The
project will consist of an equipment building, emergency generator and a 45-foot monopole
supporting 12 directional (panel) antennas. The monopole location is proposed adjacent to the
existing sports field lighting standards. Refer to Attachment 1. Slides will be presented during
the meeting.
The Environmental Review Coordinator has concluded this project is a Class I Categorical
Exemption from environmental review, minor alteration of an existing public facility, per the
California Environmental Quality Act.
RECOMMENDATION: That the Planning Commission adopt attached Resolution PCC-99-18
recommending that the City Council approve the Conditional Use Permit based on the attached
draft City Council Resolution and the conditions and findings contained therein.
DISCUSSION:
1. Sit" (,h~r~"t"ri.ti".
The site currently contains a public high school, associated accessory structures and athletic fields.
The monopole is proposed on the westernmost portion of the school football and track field. This
site is on a plateau overlooking the future alignment of State Highway 125.
2. G"n"r~l Pbn Zoning ~nol "no IT."
Site
North
South
East
West
GENERAl PI AN
Public/Open Space
Public/Open Space
Commercial Retail
Public/Open Space
ZONING
Public/Quasi
Open Space
VC-I
Open Space
(,ITRRENT I ANn ITSE
High School
Community Park
Shopping Center
Vacant and Future Highway
125 Alignment
Residential
Residential
Open Space
Medium High
Residential Low/Medium
Public/Open Space
PCR3
PC
Open Space
r
ATTACHMENT 2
Page 2, Item: _.._
Meeting Date: 7/74/99
3. ProPO<B I
Nextel Communications proposes to construct an unmanned cellular communications facility at
Eastlake High School, at the west end edge of the school football field and track. The 45 foot
monopole will be placed near the top of the slope overlooking the future alignment of State
Highway 125. It will be situated in a line with the existing light standards for the field. Those
light standards are 80 feet in height. The proposed equipment building will consist of 350 square
feet. As requested by the school district, the new enclosure will provide 150 square feet for
school storage use and the remaining 200 square feet will accommodate the equipment supporting
the cellular facility system. (Refer to site plan and elevations, Exhibit A).
The applicant has indicated there may be need to operate an emergency generator during power
failures. This project has been conditioned to reflect compliance with the City Noise Ordinance.
In accordance with Section 19.48 (Unclassified Uses), Conditional Use Permits are required for
uses listed in this chapter, and shall be considered by the City Council upon recommendation by
the Planning Commission. Staff has reviewed the associated Design Review application on an
administrative level.
4. SimilBr F<tBhli<hmpnt<
There is an existing cellular communications facility at the school site constructed by GTE
Mobilnet of San Diego. This project consisted of the installation of an architecturally integrated
wireless communications facility into the Performing Arts Building at Eastlake High School.
Another monopole cellular facility is located to the south approximately 1/2 mile away. It is an
older version installed by the County of San Diego.
5. AnBly<i<
The proposed wireless facility will be located in the PC (Public/Quasi Public) Zone, on the school
site. The Sweetwater Union High School District has governing authority over uses and functions
on school property. The District has authorized Nextel Communications Inc. To file the subject
application. (Refer to Attachment 2). The City of Chula Vista retains permitting authority.
The proposed use will be located on the sports field, which is fenced and bordered to the south
by a large open space area, future Highway 125 alignment, and Otay Ranch development. The
proposed monopole will be significantly shorter than the current light standards for the sports
field. The monopole is proposed at 45 feet and will be similar in design and color to the light
(p
Page 3, Item:
Meeting Date: 2124J'l'l
standards. Staff believes the site location, monopole height, and landscape buffer create a
minimal visual impact to surrounding residential properties.
6. 1s5=
[)p<ign
Staff believed the equipment building proposed, Tl-Il metal building, did not have an appropriate
level of architectural design nor was it similar to the applicant's equipment buildings for other
sites. This was relayed to the applicant in their incompleteness letter of November 6, 1998. In
their response letter to staff of December 21, 1998, the applicant and school district reached an
agreement to construct the metal building similar to what is existing elsewhere on the school sports
field now. (Refer to Attachment 3). This new metal building would be for school storage use and
would serve as an equipment room for the applicant, Nextel. The total square footage of the
storage/equipment building is 350 feet.
A ltprn"tivp Sitp<
The applicant searched for alternative project locations within their "needs" scope. (Refer to
Attachment 4). The City park site was recommended as well however, the applicant indicated
that Nextel had already pursued negotiations with the School District. Staff is satisfied with the
proposed siting based upon the applicant's alternative locations analysis within their "needs" area.
C:o-locMine
The applicant could not co-locate on the same GTE facility attached to the Performing Arts
building for the following reasons. The height of the building did not serve Nextel's needs,
communication interference with the GTE facility, and the School District preferred another
location for Nextel' s facility.
ProjPct Sitine
The applicant originally proposed an 80 foot monopole in the interior of the school site. Staff
worked with the applicant in placing their monopole along the westernmost portion of the school
site, thus allowing a reduction of monopole height and integration with the line of existing light
standards. This would provide less visual impact to the surrounding residential properties as it
will blend with the light standards and will be shielded by existing landscaping.
7
Page 4, Item:
Meeting Date: 2/74/99
Fmi~~lnn"l.
As requested, the applicant submitted proof of compliance with ANSI standards on emissions
control. (Refer to Attachment 4).
7. rnnr.h]~i()n
Staff is recommending approval based upon the findings and conditions of approval as noted in
the attached draft City Council resolution.
Att~rhmp.nt"
1. Locator Map
2. Reviewing Agency Comments
3. Letters dated November/December 1998
4. Co-locating Existing Facilities, Alternative Sites and Search Area Map
5. Disclosure Statement.
H:\HOME\PLANNING\MARJA \PCC\PCC9918. WPD
March 4, 1999 (9:38am)
8'
{lL.USi...V 10 ,1998
R'E: R:al Propeny lo:at::d at 1120 Eastlake Parkway
Chula ViSta, CA 91915
To whom it may eooc::m:
The Sweetwater Union High School Di5trict is the owner of the referenced property. This
letter slllll.l serve as notice that Ncxtcl Communications. Inc. and their agent, 1M
Consulting Group, are authorized by the SWl:.Ctwater Union High School District to
submit and pro:::ess all ne:::cssary permit applications for a cellular co=unications
ftl!:ility on the referenced property.
Sincerely.
~d-dtZ~
(sigmm=)
AUDLCk/ 8.CAmpbGL L
(print n=J
R'i> S fIT .f4/Ji Su. pe:e.1 9J1El:E f.J T -
(prinltit1e) .pLA\...l~ITU~ '"\ ;^GIL,11e..S
co: 1M Consulting Group, Inc.
,
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CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET · CHULA VISTA, CALIFORNIA 91910 · 619425.9600
EACH CHILD IS AN INDMDUAL OF GREAT WORTH
lARRY CUNNINGHAM
SHARON GIlES
PATRlCK A. JUDD October 20, 1998
PAMElA A. SMJTIi
MIKE A SPEYRER
RECEIVED
BOARD OF EDUCATION
SUPERINTENDENT
OCT 2 2 1q911
PLA. l-,it,IH. t^'.
, ',",,\it;;
llBlA s. GILPb.D
Ms. Maria Muett
Planning Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: PCC-99-18/ BB-773
Project: Monopole/Equipment Room at EastLake High School
Location: 1120 EastLake Parkway
Dear Ms. Muett:
Thank you for the opportunity to review and comment on the above
mentioned project
Any facility that is owned and occupied by one or more agencies of federal,
state, or local govemment are exempt from school fees.
Even though no fees appear to be necessary, the District is still required to
sign off on the Certificate of Compliance.
Sincerely,
-6e
:/ ~~:istant Supe~ ndent
for Business rvices and Support
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REQUEST FOR COMMENTS
Ch~~a Vista Planning Departme~t
RECEiVED
TjJ-~ -:~ :
October 2, 2.998
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PLANNING:
~Graphics
eMailing Radius 300'
eDue Da:e 10/09/98
~3nv. Review Coordinator
____Advance Planning
____Landscape Architect
~Rick Rosaler (No:ice Only)
~3everly 31essent
____Community Planning
COMMUNITY DEVELOPMENT:
____Otay Valley Rd. Redev.
____Town Centre I
____Town Centre II
____Southwest Redevelopment
____Bayfront Redevelopment
BUILDING,&: HOUSING:
!'IX <1?e:nnit ". ,Prc,cessin9i
____Code Enforcement
EMERGENCY RESPONSE:
Police-Crime (Preuss)
----Fire Ma:r-shal
SCHOOL DISTRICTS:
--K-Chula Vista Elementary
--K-Sweetwater Union H.S.
ENGINEERING:
~Land Development
____Advance Planning
____3ill Ull:r-ich (all CUP's)
OTHER:
Conse:r-vation Coordinator
FROM: Maria Muett
(Planning Depa:r-tment)
PCC-99-18
Conditional Use Permit
Variance
Applicant/Project Name:
Nextel Communications
ZF..V'-
pcz-
pry-
PLB-
Pc.~-
GPA-
Zone Change
Miscellaneous
Planned Unit Development
Zoning Text Amendment
General Plan Amendment
Location: 1120 EastLake
Parkway
Request: Reauest to
to construct a 45 foot
Other
hiqh monopole and eauip-
ment room at 3astLake
Project Account Number BB-773
Pl?nning Commission Meeting Date
Zoning Administrator Hearing Date 11/11/98
Comments to be received by 10/19/98
Hiqh School.
(use this No. on time sheet)
(tentative)
COMMENTS :lStIl.ov~ ~LA'"\tCN'5 4 t:H- \€ -F n~
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~~~ L':'~ .C;O-~~ ~ ~~'V\1(N-oP.
, ~~Nflr. eN '5::.Moo'- ? Q-
C H U L A V I S TAP 0 L ICE D E PAR T MEN T
C RIM E PRE V E N T ION U NIT
PLAN REVIEW RECOMMENDATIONS
continuation of surveillance/detection:
Exterior View Fencing
___ Wrought Iron
Tubular steel
Chain link
-X- Security Alarm Systems
Perimeter
Motion detection ___ Robbery/Hold Up
-X- Burglary/Intrusion
POLICE RESPONSE
Addressing -X- Access to property
Knox Box
-X- Visibility; allowing patrol officers to monitor activity
-X- Reporting procedures
POLICE SERVICES
-X- Training of management and employees in security procedures
and crime prevention awareness.
-X- Security Survey performed by the Crime Prevention Unit.
SPECIFIC RECOMMENDATIONS AND COMMENTS
As the hardware for this site will be in a building at ground
level concern must be given to insuring controlled access to the
radio equipment building.
Consideration should be given to the use of graffiti deterrent
materials for the equipment building.
A security evaluation of the site prior to completion of this
project is highly recommended. The security evaluation can be
scheduled by contacting the Crime Prevention Unit at 691-5127.
Thank you for the opportunity to have input into the planning
process. If you have any questions or if I can be of further
assistance please call me at the Crime Prevention Unit at
691-5127.
cc: 12.
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CHULA VlSIA..
PLANNING DEPARTMENT
November 6, ] 998
NeA'te] Communications, Inc.
cio 1M Consulting Group, In:.
576] Copley Drive, Suite] Ou
San Diego, CA 9211]
Cnula Vista School District
AlL'"lltion: Lowell Billings
84 ;; H 5t "J" Street
Cnula Vista, CA 919] 0
Subject:
Incomplcte Application for PCC-99-18 and DRC-99-21, Monopole and
Equipment/Storage Room located at Eastlake High School, 1120 Eastlake
Parl-way.
Dear Mr. Laub:
~
~.'.
Your application for the above referenced project has been reviewed for complet..'"Iless and accUracy
of filing. As a result, the project application has been found to be incomplete for processing.
Attached please find a list outlining additional information needed prior to finding the application
complete, non-conformities with development standards, and preliminHry design issues.
Further processing of your project cannot begin until, at a minimum, the incomplete items are
submitted and the application accepted as complete. However, to expedite processing of your
project, it is recommended that all issues on the attached list be addressed now.
1. Incomplete Items
Technical reports as acoustical analysis and any existing environmental studies.
Map ofID:: search area around the proposed site and the alternate sites considered by NeAlel,
as well as existing facilities in the surrounding areas and adjacent cities. This will be in
addition to your letter indicating why the existing facilities in the City of Chula Vista cannot
be used.
Matrix of alternate sites considered indicating their characteristics and constraints.
13
A TT ACHME-NT--
.
276 FOURTH AVENUE. CHULA ViSTA' CAUFORNIA 91910. (619) 691-5101
~ ........---.~_.
.
.
.A.sYOll know from previous projeru for simiiar uses. we typically have standard conditions
]"p.hrtmelo DOise, compliance witb A"JSI standards for EMF emissions, and no conflict witb
othertnmc:mio<<ions in'the area.
. ...~,~
-~~
A standard conditionfCirall monopole facilities is to provide co-locating opportunities. In
your = if this is notjJossible with other surrounding facilities, technical evidence must be
submitted 10 show nOD-compatibility with other facilities in the surrounding area.
In respollSe to your inqui"'".\' on the existing monopole, put in by the Counry of San Diego, to
the south of the project site we are condu..."ling research to confirm if co-locating is a
condition of approval for their similar Type projects. If it is determined that they require it
as well, then attempts for co-locating as indicated in the above paragraph must be conducted.
If the Cmmty does Dot require co-locating on their facilities then we would not make that a
requirement on thai particular monopole.
n. PrelimmllTV DesiQIJ Issues
The plans Deed; more clarification regarding ~ the design of the proposed
equipment/storage builrlin~. The roof actually projects vertically almost 3 feet and more
fascia identity is needed. The plans should include the adjacent school storage building,
indicating some attempt to make the tWo buildings consistent with each other, including
height. Additional screening landscaping is recommended to ensure that the two storage
buildings are mifquite so visible. This should be indicated on the plans.'
-i_'.
ill.
Comments from .other City Departments - See Attached.
-1~
Chula Vista School District
No specific commems, only requirement is the ability 10 sign off on the Certificate of
Compliance.
Fire Department
Provide (1) 2Al OBC fire extinguisher for the Ne},,1:el equipment building.
Police Department
Con= must be given 10 insuring controlled access to the radio equipment building, since
it will be on ground level. Consideration should be given to the use of graffiti deterent
materials for the equipment building.
Build.iru! and Safety Division
Structural calculations and building permit approval for construction of monopole and
equipment building. Coordination with the State Architect required for construction of
monopole and associated equipment on school property.
11./
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Should you have any questions regarding the review process, please contact Jv.la,...-ja Muett. Proje::l
Planner at (619) 409-5801.
5in~ereJy ,
~-'% 1t1c-lJ? ./.f
, , L
Maria C. Mu...~
Project Planner
Ana::hments: Reviewing Agency Co=ents
C~.
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Ri::k Rosaler, Principal Planner
Beverly Blessent, Acting Senior Planner
H..1fIt>>.E\.!'LANNING\MAJUA.~IILLTR
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December 21,1998
Ms. Maria Muett
City of Chula Vista
Department of Planning and Land Use
276 Fourth Avenue
Chula Vista, CA 91910
RE: Applications No. PCC-99-18 and DRC-99-21
Dear Ms Muett:
In response to you letter date November 6, 1998, I would like to address your
comments and requests for additional information.
"Incomplete Items"
Attached as Exhibit 1 is an Analysis of Maximum Permissible Exposure for the
project. This consists of a one-page summary and a detailed set of calculations
for each of the three sectors. This document verifies the project's compliance
with FCC standards for EMF emissions. Additionally, because the Nextellicense
strictly limits operation of this site to authorized frequencies, and these
frequencies are dedicated solely to Nextel, there is no possibility of conflict with
any other legally operating transmissions in the area.
Nextel proposes the possibility of an emergency generator to provide power in
the unlikely event of a power outage to the area. As you know, traditional forms
of telephone communications are often unavailable during power outages. In
those circumstances, cellular communications can be essential for emergency and
personal use. In the event of an unplanned loss of electrical power to the site as a
result of an emergency power outage or other breakdown in the electric
company's ability to provide continuous electrical service, we may use a
temporary generator to maintain continuous operation of the facility. Neither
the generator nor any fuel will be stored on the premises except during the time
of the power outage, and will be removed after power is restored. These
generators meet all EP A standards for pollution control. The generators include
a critical silencer and will be housed in factory-fit sound shield enclosures with
one-inch acoustical foam. Sound pressure was measured at 70.5 dBA at a
-- 16 -i'::;; 'i" o'tUw ft,)...7 <{I F7
785 Grand Avenue, Suite 200 . Carlsbnd, CA 92008 . Telephone: (768) 72'1 7:~6 . Fax: (760) 720-38IQ
Offices in: Seattle, San Francisco, San Jose, Santa Barbara, Long BC<Jch, Irvine and San Diego
Ms. Maria Muett
December 21, 1998
Page 2
distance of 23 feet. This meets State code for noise abatement. Attached as
Exhibit 2 are the calculations for the proposed generators.
Attached as Exhibit 3 is a map of the original Coverage Objectives for the Nextel
Eastlake site. This map depicts the area we seek to serve with this site. Our
search for a site location was focused on the areas which could provide radio
coverage to this ring.
Exhibit 4 is a summary of the existing facilities within the area and the reasons
that co-location is not possible, and the requested matrix of alternate sites
considered.
''Preliminary Design Issues"
The proposed new building, which would house Nextel's radio/telephone
equipment and provide storage for school equipment, is designed to match the
existing adjacent school storage building. The Nextel equipment area is lO-feet
by 20-feet, but will be extended to 10-feet by 55-feet in order to match the 55-foot
length of the existing school building. The crest of both roofs will be oriented in
the same direction, and at the same height. Both the new building will be
constructed of the same metal materials in the same colors.
Because the new building is designed to match the existing building, your
request for adding fascia would have the effect of reducing the consistency of the
two buildings. It is our belief that this would create a greater visual impact. For
this reason we do not propose to add fascia to the proposed building.
The proposed new building has been sited between the existing building and the
top of a slope, below which is another school ball field. That slope is heavily
landscaped with trees and shrubs. The existing landscaping and building,
therefore, will effectively screen the proposed new building. Nextel cannot
provide landscape screening for the existing school storage building, which has
existed for many years in it's current location without complaint. Additionally,
the proximity of the existing building to the high school track (approximately 1-
foot) precludes any landscaping on that side.
"Comments from other City Departments"
We appreciate the opportunity to see comments from the other City departments
at this time. Most of these comments (school, fire, building) are standard
conditions of the building permit process. We will be submitting construction
drawings to the City for issuance of a building permit and will comply with the
requirements of all of the reviewing departments at that time. The comments of
the police department address the design of the building, and merit discussion
~7
""'If'"" __.-
Ms. Maria Muett
December 2 I, 1998
Page 3
here. A locked door will secure the building. The only exterior equipment will
be two air conditioning units mounted on the side of the building. These will be
secured behind a chain link fence that we will erect between the buildings. The
building will be equipped with both intrusion and fire alarms.
I hope these comments address all of your concerns and questions. It is our
desire that this project be advanced quickly to the Planning Commission for a
hearing. If you need any other information to allow you to proceed to that end,
please call me at (619) 650-4254.
Sincerely,
JM CONSULTING GROUP, INe.
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Steve Laub
Zoning Manager
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EXHIBIT 4
Co-location Opportunities
And
Altemate Locations Considered
Potential Co-location Sites In and Near Search Ring
1. Existing antennas on Eastlake High School gymnasium
1120 Eastlake Parkway
Reason rejected: insufficient height AGL, insufficient space on building walls
2. Existing wall-mounted antennas on industrial building, approx. 25' AGL
2311 Boswell Road
Reason rejected: too far north - will not cover Otay Lakes Road or Rancho del Rey
3. Existing antennas on SDGE lattice tower
2150 Eastlake Drive
Reason rejected: too far north - will not cover Otay Lakes Road or Rancho del Rey
4. Bonita Athletic Club building
Otay Lakes Road
Reason rejected: too far west - will not cover Eastlake or Eastlake Greens
5. Pacific Bell switch building
Telegraph Canyon Road
Reason rejected: too low, too far west - will not cover Eastlake or Eastlake Greens
Alternate Sites Considered
6. Various commercial centers (Bonita Point Plaza, College Plaza, Otay Lakes Plaza)
Otay Lakes RoadlEast "H" Street
Reason rejected: too far west - will not cover Eastlake or Eastlake Greens
7. Southwestern College
Otay Lakes RoadlEast "H" Street
Reason rejected: too far west - will not cover Eastlake or Eastlake Greens
8. Fire Station #4
861 Elmhurst
Reason rejected: too far west, insufficient ground space
9. Eastlake Village Center
Otay Lakes RoadlEastlake Parkway
Reason rejected: elevation too low - will not cover Telegraph Canyon Road or H
Street
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ATTACHMENT
EXHIBIT 3
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C-8$5. EAST LAKE
COVERAGE OBJECTIVE
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EXHIBIT 1
Analysis of Maximum Permissible Exposure
In 1996, the United States Congress pre-empted regulation by state and local
jurisdictions of electromagnetic fields and radio frequency interference, and vested that
authority with the Federal Communications Commission (FCC). Specifically, Section
704 (a) (7) (B) (iv) of the Telecommunications Act of 1996 states:
"No State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service facilities on
the basis of the environmental effects of radio frequency emissions to the extent
that such facilities comply with the Commissions regulations concerning such
emissions."
Many jurisdictions require, prior to approval of a proposed site, evidence of compliance
with the FCC regulations. The attached worksheets, as described by this narrative,
demonstrate the project's compliance with the FCC regulations.
The FCC set, as a standard for Maximum Permissible Exposure (MPE) for ESMR, a
power density measurement of 566 micro-watts/em' (hourly average). The attached
worksheets describe the maximum calculated power densities for each of the three
sectors of the proposed Nextel Eastlake site at distances ranging from 1 meter to 500
meters. These calculations are produced from a computer model prepared by Nextel's
radio engineers. That model has been accepted by the FCC for calculating compliance
with FCC power density standards. Variables entered into these calculations include
the distance from the antenna support, the height of the antennas above ground, watts
per channel, antenna gain, and downtilt (if any) of the mounted antennas. From these
variables, the model calculates the angle and distance of a person on the ground, the
Effective Radiated Power (ERP), and the average power density to that person at that
distance.
The maximum power density exposure for the Eastlake site is calculated to occur at a
distance of 10 meters, where the hourly average exposure would be 8.744613559 micro-
watts/ em', or 5.1450 % of the FCC standard.
In 1997, the FCC also set a standard of 5% of the power density limit as the threshold
for Significant Contributors. Any site that exceeds that 5% would still be in compliance
with power density regulations, but would be required to be posted with signs to notify
people that an FCC regulated antenna site is in operation. The Nextel Eastlake site
meets the FCC 5% limit for this requirement.
Finally, the FCC license to Nextellirnits the Effective Radiated Power (ERP) of any site
to 1000 watts. The maximum ERP for the Eastlake site will not exceed 1000 watts.
The Nextel Eastlake site complies with all FCC regulations and qualifies for an FCC
Catagorical Exemption because the lowest point of the antennas is at least 10 meters
from the ground. The lowest point of the antennas at the Nextel Eastlake site will be
12.5 meters (41 feet).
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EXHIBIT 2
Tofal Energy Systems
A Divtsaon of Monl!'Y-Mul'P/'fv Co..
GENERATOR ACCESSORIES
Sound Silield Enclos:ures
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Appliclle to the following:
10-1OORZ
135-180RZD
20-180ROZJ
230-300ROZD
Stanchrd ~quipm~! :ncluces enclcsu.re :nounted
critical silencer.
Heavy-guage (.090) :tiuminum :esis:',
corroslOn.
Low-weigh! mare~...:U :rod ie:lvy-g-~ge
design fuc'Jitares :ISe in :nobile :IS weil :IS
scnonary appUc:lD.OIlS.
Steel skid base ,;.rjrh r=ovabie lliiing ,,:/es
s'unplli'Y installarion in s-..wonary :l!Jpiic:mons.
Single piece roof design prevenrs "'=: from
=rmg e::tclosure.
He::rvy-dury latches ~~e :amper-proci
secanty and sme:v.
Removable sound ,meld li..."ting eyes,
Sound shield \Yill mOlmr TO a sub base ::.reI
tank ~quipped ge::::.er-~or set. Requesr:he
sound smeld wirh subbase irel t.1nk aption
when orde:ing.
One inch acousncal foam
fi."ed aluminum :lIT :nuke louve:s (optional
mororized).
Housing md skid :Qe painred in T or.ai. Energy
Grav.
.31
"T""?~~:i.l 0&'98
Application Data
Manufactnrer Total Energy Systems
Material Alnminnm alloy
Material Gauge .090
No. of Doors 5
Type of Doors Hinged/removable
Latches Lockable! Alloy
Silencer Critical
Generator Set Temperature See Generator Set
and Altitude Derates Specification Sheet
Sound Data
Ratings and Performance
For generator set ratings and performance in the Total
Energy Systems sound shield enclosure refer to the
respective generator set specification sheet
Sound Shield Enclosure and Generator Set Testing
All Total Energy Systems sound shield enclosures are
factory fit The enclosure is completly assembled with
exhaust system. The complete assembly is ready to
be dropped on location with only fuel, electrical, and
start-up to be completed.
Sound Data Measurement Positions
Measurements Positions
and Distances for Data
Microphone Positions:
Microphone Distance:
(1-8) as shown
23 feet (7 meters)
(from center of enclosure)
3.28 feet (1 meter)
dBA, Sound Pressure
Microphone Height:
Data Measured in:
---0--
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Radius
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Page 2/4 08198
.......-- .."-
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Acoustic Data (dBA)*
Microphone Positions
Models i 1 I 2 I 3 I 4 I 5 I 6 I 7 8
I
20RZ I 57.5 58.5 60.5 58.5 57.5 59 60.5 59
30RZ I 60.5 61.5 63.5 61.5 60.5 62 63.5 62
35RZ ! 61.51 62.5 64.5 62.5 61.5 63 64.5 63
45RZ I 61.51 62.5 64.5 62.5 61.5 63 64.5 63
50HZ I 63.51 64.5 66.51 64.5 63.5 65 66.5 65
60RZ I 63.51 64.5 66.51 64.5 63.5 65 66.5 65
70RZ I 63.51 64.5 66.51 64.5 63.5 65 66.51 65
80RZ I 661 67 691 67 66 67.5 69 67.5
100RZ I 661 67 691 67 66 67.51 69 67.5
135RZD I - - -I - - -I - -
150RZD I - - -I - - -I - -
180RZD I - - -I - - - - -
20HOZJ I 67.51 68.5 70.51 68.51 67.5 69 70.5 69
30HOZJ I 67.51 68.5 70.5 68.51 67.5 69 70.5 69
40HOZJ I 67.51 68.5 70.5 68.51 67.5 69 70.5 69
50HOZJ I 67.5 68.5 70.5 68.5 67.51 69 70.51 69
60HOZJ I 67.5 68.5 70.5 68.5 67.5 69 70.5 69
80HOZJ I 68.5 69.5 71.5 69.5 68.5 70 I 71.5 70
80HEOZJ I - - - - - - - -
100ROZJ I 68.5 69.5 71.51 69.5 68.5 70 71.5 70
100REOZJ - - -I - -I - - -
125ROZJ I 69.5 70.5 72.51 70.5 69.51 71 72.5 71
135ROZJ 69.5 70.5 72.51 70.5 69.51 71 72.5 71
150ROZJ 70.51 71.5 73.51 71.5 70.5 72 73.5 72
180ROZJ 70.51 71.5 73.51 71.5 70.5 72 73.5 72
200ROZD 731. 74 761 74 73 74.5 76 74.5
230ROZD I 741 75 771 75 74 75.5 77 75.5
250ROZD I 74 75 771 75 74 75.5 77 75.5
275ROZD I 74 75 771 751 74 75.5 77 75.5
300ROZD I 74 75 771 751 74 75.5 77 75.5
Based on I inch sound asorbing material (2 inch available upon request)
** Engine data not available
*
-- -
33
.....rag<~14 08198
GENERATOR ACCESSORIES
TOTAL ENERGY SYSTEMS
Sound Shield Enclosures
Weights and Dimensions
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Unit SiZe Length Width Height Dimension DimenSIon Dimension Dimension Dimension DimenSIOn Dimension Weight
A B C D E F G H X Y Ibs(kg)
2D-60ROZJ I 102 42 56 62 4 26 32 22.437 78 40 550
20RZ (2590) (1066) (1422) (1574) (101) (660) (812) (569) (1981) (1016) (253)
10 & 18RYIRZ
20-100ROZJ 120 I 42 56 I 62 4 26 32 27,3121 96 40 I 630
13o-100RZ (3048) (1066) (1422) (1574) (101) (660) (812) (693) (2438) (1016) (285)
135-180ROZJ 168 I 60 78 I 84 6 26 I 32 41 1144 58 910
130-150RZD (4267) (1524) (1981) (2133) (152) (660) (812) (1041) (3657) (1473) (412)
200-300ROZD 182 I 60 78184 I 6 26 I 32 52.750 1158 58 I 1200
180RZD (4622) (1524) (1981) (2133) (152) (660) (812) (1339) (4013) (1473) (545)
Note: Dimensions are in inches (mm) unless otherwise noted.
Standard housing shown, optional mobile unit same overall dimensions except top of housing is flat and "D"
dimension does not exist.
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Pog. 4/4 08198
-..r- .."-
RESOLUTION NO. PCC-99-I8
RESOLUTIO~ OF THE CITY OF CHULA VISTA PLANNING COMMISSIOl\
RECOMME!liDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE
PERMIT, PCC-99-I8, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 1120 EASTLAKE
PARKWAY.
WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula
Vista Planning Depamnent on September 30, 1998 by Nextel Communications; and
\VHEREAS, said application requests permission to construct an unmanned cellular communications
facility, 45 ft, high monopole and equipment building, at Eastlake High School, 1120 Eastlake Parkway; and
WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 1
Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and,
\VHEREAS, the hearing was scheduled and advenised for February 10, 1999, 7:00 p,m, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission meeting of February 10, 1999 was cancelled and continued to
February 24, 1999; and
WHEREAS, the Planning Commission considered all repons, evidence, and testimony presented at the
public hearing with respect to subject application,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council approve Conditional Use Permit PCC- 99-18 in accordance with the findings
and subject to the conditions and findings contained in the attached City Council Resolution,
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 24th day of February, 1999, by the following vote, to-wit:
AYES:
NOES:
ABST All\' :
ABSEKT:
Willett, Thomas, O'Neill, Hall
Tarantino, Ray
John Willett, Chair
ATTEST:
$')
Diana \' arfms Secretary
- , .
H:\HOME\PLA"INING\MARlA \PCC\PCC9918P.RES
February 17. 1.999 2:00 p.ll!.
THE C,. ( OF CHULA VISTA DISa..OSURE STr. _ a..ffi}."T
You are ~uired to file! Statement of Disclosure of cemin ownel>hip or filllmcial interests, payments, or =paign
cDntributiollS, on aU malle:; which will r"'lulre discrctionary action on the pan of the Cit)' Council, Planning CoInmission, and
, olhe~ oITi:ial bodies. Tn: following info71llalion must be di5ci~:
1. !.is: the names of all persons having a financial intercsl in the propeny which is the suoJe::! of the appuC2.1ian or the
cmmaCl, e...g.., owner, applicant, rontraClor. subcontrac:ror. material supplier.
Sweetwate~ I~inn Hif~ ~~hnnl ni~~rict
~extel Commuliications, Inc.
o
If any per>Dn' iden:iiied pun;uam to (I) above is a corpo:-ation or panner>hip,lislthe names of all individuals owning
mace than W% of the shares in the rorporation or owning any panne15hlp interest in the panner>hip.
~otorola Corporation
3. If any person" idenriiied pU15uant to (1) above is non.profit organization or a trust, list the names of any pe150n
~ing as dir=or of the non-profit organization or as trustee or beneficial)' or trustOr of the trust
4. P.llVC you had more than S250 wonh of business transac:red with any member of thc City staff. Boards, Commissions,
Commin=. and Council within the past twelve months? Yes_ NoXX If yes, please indicate pe15on(s):
5. Piease identify eact: and every per>on, including any agents. employ=. consultants, or independent ronLractors who
yoc have assigned to represenl you before the City in this maller.
~ Consulting Group, Inc. Derek Harding
Steve Laub
Chervl M. Barker
G2~Y Huan
6.
P.2\': you and/ol your officers or agents, in the aggr~le, contnDuted more than SUXXl to a Councilmember in the
=-r::nt or pr~-(ling e1e::lion period? Yes_ No_ If yes, Slate whict: Councilmember(s):
Date:
" " "(NOTE: Attach additional pap as .- --.~" ~
'1-/-/8 - ~~gn~or/aPPlicant
Steve LaUD
3M Consulting Group, Inc.
AT T A C H MEN r 3 '.3 b Print or 'ype name of CDntractoriappli::ant
. ~ il D-fod a::: "'Any indM.dJ.La!.lirm, co-parrn::Wp. join: \'O'UUr:, a.wcumOtL. social dub,.frtz1::ma1 ~lizmio1L. corpott11ion, arm:, mu:. r:::c::M:-,3)'Niicoe,
vw mid lD1)' o:i= COWU)', cir)' anL COWlD)', ciIy ~C~lil)', dmria, or oUac polilicaJ Atbdivisioll.. or~' Olhc ~p or combinmion GCDng l1S D ~..
COUNCIL AGENDA STATEMENT
Meeting
Item A
Date .3/23199
ITEM TITLE:
Public Hearing: PCM-95-01B - An application to amend the Otay
Ranch SPA One Public Facilities Financing Plan to expedite Olympic
Parkway construction.
Resolution J9/ftJf)" of the City ofChula Vista amending the Otay Ranch
Sectional Planning Area One Public Facilities Finance Plan to change
implementation thresholds for Paseo Ranchero and Olympic Parkway.
SUBMITTED BY: Director of Planning and BUildi~~ ~
REVIEWED BV, Ci<y M~",'1)i2-- ~ ~ (4/5", Yo,,, V,,_ No-"-)
On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted
by the City Council, along with the SPA One Plan and other documents required for
implementation of the Otay Ranch General Development Plan. The SPA One PFFP established
thresholds for public improvements serving Villages One and Five, where Olympic Parkway is
located. In order to expedite the improvements of Olympic Parkway, a financing plan and
security for construction, along with modifications to the Equivalent Dwelling Unit (EDU)
thresholds that affect Olympic Parkway, are being proposed by the City, the Otay Ranch Company
and the McMillin Company (the SPA One developers).
RECOMMENDATION: That the City Council continue this item to the adjourned
March 30, 1999 Council meeting.
;1-/
COUNCIL AGENDA STATEMENT
Item / IS'
Meeting Date 3/23/99
ITEM TITLE: Resolution / :3 YL5J 9 Accepting the Final Report from Kimley-Hom
& Associates, Inc. for the Feasibility & Financing Study of Olympic Parkway
from Brandywine Avenue to H te Parkway.
SUBMITTED BY: Director of Public Works
(4/5ths Vote: Yes_No....K..)
City Manag~ bQ
With a total construction and financing budget close to $100 million, Olympic Parkway is the largest
transportation infrastructure facility in the City's history. Olympic Parkway is a six-lane prime
arterial with landscape median approximately 8 miles long extending from I-80S to the Olympic
Training Center. The westerly end of Olympic Parkway from I-80S to Brandywine A venue will be
constructed by CalTrans along with the I-80S interchange improvements. The easterly end of the
roadway from Hunte Parkway to the Olympic Training Center is under construction by The
EastLake Company.
REVIEWED BY:
This report presents the consultant's, Kimley-Hom & Associates Inc., findings for the feasibility and
financing study to construct Olympic Parkway from Brandywine Avenue to Hunte Parkway and
identifies project constraints and opportunities in terms of funding, traffic needs, timing, phasing,
environmental requirements and a comprehensive project schedule.
The following agenda item is for an agreement between the City and developers which provides for
the financing and construction of Phase I, II and part of phase III.
The Environmental Review Coordinator has determined that the proposed action in accordance with
Sec. 15.061 (b) (3) ofthe State CEQA Guidelines is a "general rule" exemption from environmental
review.
RECOMMENDATION: That Council adopt the Resolution accepting the Final Report from
Kimley-Hom & Associates, Inc. for the Feasibility & Financing Study of Olympic Parkway from
Brandywine Avenue to Hunte Parkway.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
BACKGROUND
The area ofChula Vista known as the "Eastern Territories", more specifically described as that area
within the City's General Plan area, east ofI-805, is partially developed. It comprises several large
vacant land holdings (EastLake, Otay Ranch, McMillin, Rolling Hills Ranch, San Miguel Ranch,
and Sunbow II) which are all proposed for upcoming development.
/~~l
Page 2, Item_
Meeting Date 3/23/99
Currently, transportation infrastructure requirements for development within the Eastern Territories
are based on the City's Eastern Chula Vista Transportation Phasing Plan (ECVTPP) and the Growth
Management Plan. The Growth Management Plan and the ECVTPP establish development
thresholds, in terms of development units, acres of commercial and industrial land, which trigger the
requirement of street improvements. Staff anticipates that ongoing development in the "Eastern
Territories" will soon trigger the need for extending the Olympic Parkway roadway improvements.
Exhibit A shows the limits of Olympic Parkway east of Brandywine Avenue which was considered
in the study.
FEASIBILITY & FINANCING FINAL REPORT FROM KIMLEY-HORN & ASSOCIATES. Inc.
Olympic Parkway from Brandywine Avenue to Hunte Parkway, with estimated costs close to $100
million for all associated work including non-street facilities is too large for anyone developer to
finance and construct on their own. Additionally, the limits of this project traverse numerous land
ownership parcels and several development projects such as Sunbow II, Otay Ranch and EastLake.
Therefore, a study was undertaken starting in February 1998 by Kimley-Horn & Associates Inc., to
determine and recommend a collective financing and construction methodology which can be
utilized to provide for the timely financing and construction of this facility. Detailed analysis is
included within the report which addresses the phasing of the construction and financing of Olympic
Parkway from Brandywine A venue to Hunte Parkway (An executive surrunary of the report is
attached as Exhibit B).
The final report recommends horizontal and vertical alignments, detailed cost estimates, phasing
analysis and a financial implementation plan which City staff recommends be adopted. A draft
version of this report was distributed to all developers and discussed at the regularly scheduled
developers, city staff and consultant meetings.
The first phase of construction work for this project, as shown on Exhibit A, includes full grading
of Olympic Parkway and Poggi Canyon Channel from Brandywine Avenue to the proposed SR-125,
improvement of Olympic Parkway from Brandywine Avenue to Paseo Ranchero, grading and
improvement of Pas eo Ranchero from East Palomar Street to Olympic Parkway, borrow sites for
earthwork and a public detention basin. Full underground utilities will be designed and constructed
as well as parkways, curb, gutter, sidewalk, median, lighting, signals and landscaping.
Phase two of the construction would include the street improvements between Paseo Ranchero and
East Palomar Street. Phases three and four would complete Olympic Parkway east to Hunte
Parkway.
CONCLUSIONS
Based on the Kimley-Horn & Associates Feasibility Study recommendations, the City and
developers will be able to continue work on the extension of Olympic Parkway. Phases 1 and 2 will
provide for the improvements of Olympic Parkway as a six-lane prime arterial from Brandywine
Avenue to East Palomar Street. The improvements are now required to avoid delays in development
and building permit issuance. Phases 3 and 4 will provide for the ultimate improvements needed to
construct Olympic Parkway from Brandywine Avenue to Hunte Parkway. This major east/west
J?~;L
Page 3, Item_
Meeting Date 3/23/99
corridor is rapidly becoming a necessity due to the growth anticipated and already under construction
in the area generally to the south of Telegraph Canyon Road and Otay Lakes Road. City and the
developers as well as the general public will benefit immensely from this project since the impact
of this project greatly affects the eastern portion of the City. Staff recommends that Council approve
the resolution.
FISCAL IMPACT: When the entire roadway facility of Olympic Parkway is completed, the
annual cost to maintain the landscaping and medians, signing and striping is estimated to be
approximately $30,000 per year. Landscaping and median maintenance revenues will be generated
from various open space districts. The construction will ultimately cost nearly $81 million and is
expected to be funded by the following sources: TransDIF fees, Poggi Canyon Sewer DIF,
developer's direct costs, Community Facilities Districts and reimbursement from other agencies to
the developers.
Attachments: Exhibit A - Plat of Olympic Parkway
Exhibit B - Kimley-Hom Feasibility & Financing Study Executive Summary
File:0735-! O-STM331
H:\HOMEIENG!NEERIAGENDA ISTM331 KH.WPD (fxr/jp!)
Rev. March 17, !999 (2:05pm)
)g~;3
RESOLUTION NO. J 7 Y () 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE FINAL REPORT FROM
KIMLEY - HORN & ASSOCIATES, INC. FOR THE
FEASIBILITY & FINANCING STUDY OF OLYMPIC
PARKWAY FROM BRANDYWINE AVENUE TO HUNTE
PARKWAY
WHEREAS, with a total construction and financing budget
close to $100 million, Olympic Parkway is the largest
transportation infrastructure facility in the City's history; and
WHEREAS, Olympic Parkway is a six-lane prime arterial
with landscape median approximately 8 miles long extending from I-
805 to the Olympic Training Center; and
WHEREAS, a study was undertaken in 1998 by Kimley-Horn &
Associates, Inc. to determine and recommend a collective financing
and construction methodology which can be utilized to provide for
the timely financing and construction of this facility; and
WHEREAS, Kimley-Horn & Associates, Inc. has presented its
report with findings for the feasibility and financing study to
construct Olympic Parkway from Brandywine Avenue to Hunte Parkway
and identifies project constraints and opportunities in terms of
funding, traffic needs, timing, phasing, environmental requirements
and a comprehensive project schedule; and
WHEREAS, the final report recommends horizontal and
vertical alignments, detailed cost estimates, phasing analysis and
a financial implementation plan which City staff recommends be
adopted.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the final report from
Kimley-Horn & Associates, Inc. for the Feasibility & Financing
Study of Olympic Parkway from Brandywine Avenue to Hunte Parkway.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
(~~~f~orney
H:\home\lo~raine\rs\kimley.fin
Jf{~f
ITEM TITLE
SUBMITTED BY
REVIEWED BY
COUNCIL AGENDA STATEMENT
Item No. 19
Meeting Date 3/23/99
Resolution ),9~&?oving an Agreement for the Financing
and Construction of Olympic Parkway Phase I and II with
McMillin Otay Ranch LLC and Otay Ranch Project LLC
Deputy City Manager
&IG V
City Manager -f~~ I) 4/5THS Vote: Yes_ No_
This item will be continued to the adjourned meeting of March 30, 1999. The
applicants and their attorneys are still negotiating and have not agreed with some
of the basic provisions of the agreement and until that occurs, we will need to
defer this item.
GK:mab
/ f~ tJ
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/23/99
c2iJ
ITEM TITLE:
Resolution /9t/ II Approving a final "B" map for Chula
Vista Tract No. 99-02, Otay Ranch, R-46, accepting on behalf of the
City of Chula Vista the easements granted on said map within said
subdivision, acknowledging on behalf of the public the irrevocable
offer of grant of fee interest of lots for open space and other public
purposes on said map within said subdivision, and approving
Subdivision Improvement Agreement for the completion of
improvements required by said subdivision, and authorizing the
mayor to execute said agreement
B) Resolution /91/ / c2. Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract Number 99-02, Otay
Ranch, R-46, and authorizing the mayor to execute said agreement
A)
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~ rv
(4/5ths Vote: Yes_NoX)
It is recommended that this item has been continued to the meeting of March 30, 1999.
H:\home\engineer\landdev\otay ranch\113r46a TA
3/18/994:47:55 PM
OR-219f
c:( () - ()
COUNCIL AGENDA STATEMENT
Item: c2 /
Meeting Date: 3/23/99
ITEM TITLE: Report: Guarded Entrances in Otay Ranch Village One.
Applicant: The Otay Ranch Company
SUBMITTED BY: Director of Planning and BU~ng ~
REVIEWED BY: City Manag~ ~ ti!!!!\ (4/5ths Vote: Yes_ No--.X}
The Otay Ranch Company applied to provide guarded entrances into Village One south
of East Palomar Street, and in Village One West, as part of their 1999 SPA One
Amendment application. At the February 16, 1999 public hearing on the amendment, the
City Council choose to separate the guarded entrance issue from the SPA approval and
directed City staff to return with a report on the issue. This report addresses the issue of
allowing guarded entrances in Village One south of East Palomar Street, which will be
subject of a tentative map to be considered by the City Council in April. Staff will
provide a separate report on guarded entrances in Village One West prior to that project
coming before City Council for tentative map approval.
The Environmental Review Coordinator has concluded that the project is categorically
exempt from CEQA as a Class 5 exemption, minor alteration in land use.
RECOMMENDATION: That the City Council approve the use of guarded entrances in
Village One south of Palomar Street.
BOARDS/COMMISSION RECOMMENDATION: The Planning Commission
considered the guarded entrance issue at their SPA One Amendment public hearing on
February 3, 1999 and voted 4-0 to recommend approval of the SPA amendment with
guarded entrances in both Village I and Village I West.
DISCUSSION:
As previously indicated, the City Council separated the issue of guarded entrances from
the Otay Ranch Companies SPA One Amendment application and directed staff to return
with a report on the issue. This report addresses the issue providing guarded entrances to
Village One south of East Palomar Street.
Background:
As part of their SPA One application in 1996, the Otay Ranch Company proposed that
portions of Villages One and Five have gated entrances into the majority of the single-
family neighborhoods. At their May 14, 1996 hearing, the City Council voted on a
motion by Councilmember Rindone, second by Councilmember Padilla, on a non-binding
02/ ~ /
Page 2, Item_
Meeting Date: 3/23/99
approval of the Planning Commission recommendation to prohibit the use of gates to
restrict public access in SPA One. The motion was approved 3-2 with Mayor Horton and
Councilmember Alevy opposed.
At the November 19, 1996 City Council hearings on the revised tentative subdivision
map for SPA One, the City Council reconsidered the issue of restricting access to
portions of Villages One and Five. The Otay Ranch Company revised their proposal from
restricting access with gates to providing guards at the access points into the single-
family neighborhoods. At the conclusion of the hearing, Mayor Horton moved to allow
gate closures from dusk to dawn. The motion was second by Councilmember Alevy but
failed on a 2-2-1 vote with Councilmembers Rindone and Moot opposed and
Councilmember Padilla absent. Councilmember Alevy then moved to allow some
facilities guarded from dusk to dawn. The motion was approved 3-1-1 with
Councilmember Rindone opposed and Councilmember Padilla absent.
After resolving a number of other individual issues on the tentative map, the City Council
concluded the tentative map hearing by adopting a resolution approving the tentative
map. The map was approved with conditions approving guarded entrances at only Santa
Ynez and Santa Lucia in Village One. These streets are the promenade streets serving the
single-family neighborhoods north of East Palomar Street in Village One. Only one
guarded entrance was proposed on Santa Alicia south of East Palomar in Phase 7 for
Neighborhoods R-12, R-13 and R-14. This guarded entrance was not included in the
tentative map approvals because the area had a variety of land uses and partial ownership
by McMillin requiring public access. Guarded entrances were not proposed for the
commercial, community purpose facilities and multi-family areas south of Palomar
because these uses require public access. In addition, the land use and circulation plan
was not designed to restrict access.
Proposal:
With the expansion of the residential development areas and reorientation of the
commercial and CPF sites in the recently approved SPA One amendments, the new
single-family neighborhoods south of Palomar have been redesigned to accommodate
guarded entrances. The entrance on Santa Helena, along with the previously proposed
entrance on Santa Alicia between R-15 and R-14, are proposed as the guarded entrances
on the south side of East Palomar. A private street in Neighborhood R-15 will counect the
residential neighborhoods.
Analysis:
As indicated previously, the SPA Plan amendment indicated one guarded entrance for
Village One on the south side of East Palomar Street. City staff was concerned over
restricting access to these neighborhoods in Village One on the south side of Palomar and
took the issue to the Executive Committee. After reviewing the issue, the Executive
Committee decided to support the applicant's proposal for guarded entrances in Phase 7
to be consistent with the use of guarded entrances on the north side of East Palomar
Street.
\\CITYWIDE\SYS\HOMEIPLANNINGlOTAYRNCH\GUARD2.doc c2 / ~ ;1
Page 3, Item_
Meeting Date: 3/23/99
FISCAL IMPACT: The processing costs associated with analyzing this issue are
covered by the existing Staffing Agreement with Otay Ranch Company. If guarded
entrances are approved, all facilities behind the entrance will become private under
current City policies since public access will be restricted. There will be savings in public
maintenance cost if all the facilities are privately owned and maintained.
Attachment:
1. Diagram Showing Proposed Guarded Entrances in Village One
2. 1996 Phase 7 SPA One Plan
3. 1999 Phase 7 SPA One Plan
4. City Council minutes February 16, 1999
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FE5. 23.1999 3:52PM 619THE OTAY RANCH CO
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6/4/96 Approved SPA One Plan
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ATTACHMENT 4
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
Ms. Linda Homuth, 9721 Lamar Street, Spring Valley, spoke in favor ofthe proposed ordinance and
stated that the City of Imperial Beach had also enacted a trigger lock ordinance.
eM. Dashiell, 1069 Monserate Avenue, Chula Vista, stated that state law requires that a gun
purchaser show proof of education before a gun may be purchased He did not favor the proposed
ordinance but, rather, suggested an educational program about gun safety, especially for youth.
Ms. Judith Dashiell, 1069 Monserate Avenue, Chula Vista, commented that Council should reject this
ordinance and focus on safety education in the classrooms.
Ms. Roxanne Hoffman, 4811 Schuyler Avenue, La Mesa, testified that gun locks save lives. She urged
support of the proposed ordinance.
There being no further comments, Mayor Horton closed the hearing.
Mayor Horton commented that the proposed ordinance only affects the point of sale.
Councilmember Salas pointed out that nine of twelve gun dealers in Chula Vista support the proposed
ordinance, and only one was opposed.
Councilmember Padilla supported the ordinance, stating that if it prevents one death or injury, the
Council will have lived up to its responsibility as elected officials.
Council member Moot stated that the trigger lock ordinance will protect young children and thanked
the Chief for bringing it before the Council.
Councilmember Davis commented that the trigger lock is one part of the issue but the education of
youth must also be considered.
ACTION
Councilmember Padilla then otrered Ordinance No. 2774, heading read and text
waived, for first reading. The motion carried 5-0.
21. PUBLIC HEARING TO CONSIDER PCM 97-1 I, A REQUEST TO AMEND THE OTAY
RANCH SECTIONAL PLANNING AREA (SPA) ONE FOR PHASE SEVEN (PURPLE
PHASE) OF THE VILLAGE ONE CORE AND VILLAGE ONE WEST INCLUDING THE
PLANNED COMMUNITY DISTRICT REGULATIONS; VILLAGE DESIGN PLAN;
PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND
AFFORDABLE HOUSING PLAN
A ORDINANCE 2775, APPROVING THE OT A Y RANCH AMENDED SECTIONAL
PLANNING AREA ONE PLANNED COMMUNITY DISTRICT REGULATIONS
(FIRST READING)
B. RESOLUTION 19376, APPROVING AMENDMENTS TO THE OT A Y RANCH
SECTIONAL PLANNING AREA (SPA) ONE PLAN; VILLAGE DESIGN PLAN;
PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND
AFFORDABLE HOUSING PLAN
Page 7
c2)~ ?
02/16/99
DRAFT COPy
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan for the Village
One Core - Phase Seven (Purple Phase), and the area of Village One west of Pas eo Ranchero
(Village One West). The SPA One amendment implements the recently approved Otay Ranch
General Development Plan Amendments for Village One and Village One West. The Village
One Core area is 95 acres, expands the development area in Phase Seven (Purple Phase)
consistent with the General Development Plan amendment and modifies the design of the
"Main Street" concept. The Village One West amendment adds approximately 296.5 total
developable acres and corresponding increase in the number of units in the area west of Pas eo
Ranchero. Staff recommendation: Council place the Ordinance on first reading and adopt the
resolution. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
Principal Planner Rosaler explained the proposed amendments and mentioned that the Planning
Commission, on February 3, 1999, reviewed and unanimously approved the amendments.
Council member Padilla asked how one could determine if an applicant was in conformance with the
grading policy. Staff responded that the land form grading policy, according to the General Plan,
provides guidelines on how the policy is to be implemented Councilmember Padilla stated that the
policy was still subjective and that specitic guidelines need to be defined and understood by all parties
at the earliest stages of projects.
Mayor Horton opened the hearing.
Mr. Kim Kilkenny, representing Otay Ranch Company, 350 West Ash Street, San Diego, supported
staffs recommendation for the project and c1arilied that six units in R-59 and four units in R-55 would
be lost.
There being no one elselrom the audience wishing to speak, Mayor Horton closed the public hearing
and asked for Council comments and questions.
Councilmember Moot asked the original number of units in Village One West. Staff responded that
there were 443 units. Councilmember Moot asked why the number had doubled. Staff replied that
the area of development was expanded due to an agreement with the wildlife agencies that the coastal
scrub did not need to be preserved in that area.
Council member Moot then asked whether or not the number of guarded entrances would increase.
Staff replied that two guarded entrances were approved at Village One at the tentative map stage; the
developers are now proposing additional guarded entrances. Councilmember Moot felt it was a
significant policy change to add more guarded entrances, which he felt would have an adverse impact,
and indicated he could not support the change.
Mayor Horton stated that the guarded-entrance development creates an ambiance for the South Bay
without excluding the public
Page 8
cl /~ 6
02/16/99
'ORi~drT copy
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
Councilmember Padilla asked how many additional guarded entrances Were proposed. Staff replied
that the applicant has proposed six additional guarded entrances in the project.
Councilmember Moot asked, from a planning perspective, when such a decision would best be made.
Staff responded that such a decision would affect the design of the tentative map, and, from a practical
standpoint, the earlier in the process, the better for both staff and the applicant.
City Manager Rowlands stated that when Council previously discussed the issue of guarded entrances,
the vote to approve guarded gateways was divided and no specific number was approved. The theme
and policy approved at that time created a cel1ain ambiance for the development with a gated entryway
and the streets and parks being maintained by the homeowners. Since the subsequent design and effort
by the developer was based on existing Council policy, if Council wishes to change that policy, it
should be changed at this time.
Mayor Horton stated that a majority of the Council, as well as the staff, had objected to a closed gate
community to which only the residents had acceSS. The guarded entrances Were an acceptable
alternative to the Council, since the public would still have access to those communities.
Council member Salas stated that during the initial discussion of guarded entrances in this development,
there had been a 3-2 vote of the Council, in favor of the guarded entrances. At that time,
Councilmember Salas voted against the guarded entrances. However, since that was the vote of the
Council, Councilmember Salas supported Council policy. She stated that to change the policy now
would be unfair to the developer. Council member Salas commented that she is Open to considering
additional guarded entrances now requested by the developer on other portions of the village because
it would retain the continuity of the development. It would not make sense to have halfofthe village
with private roads and half with public roads.
Councilmember Moot stated that since the applicant is requesting to add more guarded entrances, the
Council needs to further discuss such a significant policy decision.
Council member Padilla asked if the additional guarded entrances were an expansion on Council policy.
Staff responded that when the tentative map was discussed, the guarded entrances Were limited to the
north side only, since the design of the south side at that time was not conducive to having guarded
entrances. Subsequently, the project has been redesigned and the south side would now be conducive
to guarded entrances.
Councilmember Davis stated that she supported the guarded entrances, which she felt would help
support the village concept.
ACTION:
Councilmember Moot then offered Ordinance No. 2775 and Resolution No. 19376,
with the issue of the guarded entrances to be further considered by the Council in two
to three weeks. The motion passed 5-0.
22. PUBLIC HEARING TO CONSIDER PCM-95-0IB, AMENDING THE OTAY RANCH
SP A ONE PUBLIC FACILITIES FINANCING PLAN TO EXPEDITE OLYMPIC
PARKWAY CONSTRUCTION (CONTINUED FROM JANUARY 19, 1999)
This is a proposal to amend the Otay Ranch SPA One Public Facilities Financing Plan,
changing the implementation threshold for Paseo Ranchero and Olympic Parkway. Staff
recommendation: The public hearing be continued to the meeting of March 2, 1999. (Director
of Planning and Building)
Page 9 c1 / - '5 02/16/99
lil:.L;l:.IVc..U
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'99 FEB -B ,fl~fCOl\1MISSIONfCOMMIr "S APPLlCA nON
~/gase indicaJe your imerest by checking the appropriaJe line(s)
CITY OF CHUlA ~.iu check more rhon one line, please prioririze vour interest)
CITY CLERK'S 0 Ivl: .
CITY Of
0iUlA VISTA
Access Appeals Board
Aging (Commission on)
Ethics (Board oj)
Growth Mgmt Oversight
Housing Advisory
Human Relations
Planning Commission
Resource. COlZservarion
-L Safety Cop"!l!sion 1'/
iJwn Cemre PAC
Appeals & Advisors
Charler Review
Child Care
1m 'I Friendship
Library Board of Trustees
Mobilehome Rem Review
United Nations Day CommilIee
Veterans Advisory Commissiun
2 Youth Commission
Civil Service
Cultural Arts
Design Review
Economic Development
Otay Valley Road PAC
OlliER
Parks & Recreation
PLEASE PRINT CLEARLY
Name:
Jose A. Lopez
Home address:
542 Galveston Way
C't Chula Vista
, y:
Z. 91902
'p:
Res phone no:
656-2644
525-5495 i
Bus phone no:
Registered voter in Chula Vista:
x
----yes
_no
Do you live within the City limits of Chula Vista?
x
yes
no How long? 5 years
For Youth Commission applicams only: School attending
Grade:
Colleges allended & degrees held: Miramar College A.S. Fire Prevention; University of California
San Diego, not completed B.A., Federal Emergency Management Agency/National Fire Academy
San Diego Fire & Life Safety Services
Present employer. assigned to S.D. Convention Center Corp. Position: Deputy Fire Marshal
What are your principal areas of interest in our city government and what experience(s) or special knowledoe can you hrin2 to those
~ main interest is to participate with local citizens to create a better . "quality ,of
areas? life" for the cOlIIDlunity of Chub Vista. I 'am currently invol~edin safeity"committees
for the San Diego 6onvention Center and have tac~l~tated satety COmm1ttee meet~ngs ror toe
San Diego Fire De artment.. I have attended FEMA community.risk reduction courses in Maryland.
I am a Deputy ~ire Marshal Fire ~g ter an son 0 4 ~re ~g er w 0 serve 0 ave
chosen a career as a public servant in public safety and want to volunteer in my community.
What would you hope to accomplish by your artici ation? Prevent careless injuries and deaths of citizens like
those that fecently occured on O~ay takes Koaa. lOat acc~aent deprived UtiL [ULtiLe yuuLI, fLom
ever being;t~ contribute to our society. I hope to promote public safety education or life -i
safety education:programs to our commun1ty. 1 am wel..l aware t.URt 1nJury preveuLlull t'J..u~~
remains largely unappreciated and underfunded despite the losses we se~ like those~in Dtay Lakes
I am familiar with the responsibilities assigned to the Boafd/Commission/Committee on which I wish to serve. ~ 'J,1o 0
c;::.. Q d~ . &-g-9'1 1" '" ~i\~
Signature :2.J h - / Date '
R~J'" = = = Please see the reverse side 0/ this Application/or VeTV ImDorlant Lellal infomation = = =