HomeMy WebLinkAboutAgenda Packet 2006/03/14
I eIIa.. undIr penally of pIIjuIy ....1_
I ~la,..II "'.. CIty of Chula VIlla In ~ ~ I ~
0III0e of... CIty Clerk and that IIICIIIN ~
. on the bulletin board accordI
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~ s'G~buhLtu~.srA ~lsrA
Stephen C. Padi lIa, Mayor
Patricia E. Chavez Councilmember David D. Rowlands, Jr., City Manager
john McCann Council member Ann Moore, City Attorney
Jerry R. Rindone Councilmember Susan Bigelow, Ci~ Clerk
Steve Castaneda Councilmember
March 14,2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE:
E10y Ledesma, Youth Advisory Commission
. PRESENTATION BY MARSI STEIRER,DEPUTY DIRECTOR, CITY OF SAN
DIEGO WATER DEPARTMENT, REGARDING THE WATER RE-USE STUDY
. DID YOU KNOW...ABOUT ECONOMIC DEVELOPMENT'S FOCUS ON THIRD
AVENUE?
Presented by Denny Stone, Economic Development Manager and Lynette A.
Jones, Senior Community Development Specialist
CONSENT CALENDAR
(Items 1 through 8)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of January 19,2006 and
the Special Meeting of February 6, 2006.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Mayor Padilla requesting an excused absence from the
Council meeting of March 7, 2006.
B. Memorandum from Councilmember Castaneda requesting an excused absence
from this meeting.
Staff recommendation: Council excuse the absences.
3. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED
LIMIT ON STONE GATE STREET BETWEEN ffiJNTE PARKWAY AND
ADIRONDACK PLACE AT 35 MPH (FIRST READING)
On September 21, 2005, staff completed an Engineering and Traffic survey for Stone
Gate Street. Based on the results of this speed survey and pursuant to the authority under
the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined
that a 35 mph speed limit should be established on Stone Gate Street between Hunte
Parkway and Adirondack Place. Signs indicating a 25-mph speed limit when children are
present are posted as required by the Chula Vista Municipal Code near Eastlake Middle
School. (City Engineer)
Staff recommendation: Council place the ordinance on fIrst reading.
.
4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR 321 RANCHO DRIVE, CHULA VISTA TRACT
NO. 05-11, AND APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT
On November 23, 2004, the Council approved a tentative subdivision map for 321
Rancho Drive proposing the condominium conversion of 48 multi-family units.
Approval of the fInal map and its associated subdivision improvement agreements will
allow the applicant to have the map recorded, thus converting the existing apartments into
condominiums. (City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03 FOR CONDOMINIUM PURPOSES, AND THE ASSOCIATED
SUPPLEMENTAL AND SUBDIVISION AGREEMENT
On March 1,2005, the Council approved a tentative subdivision map for Sunbow Villas,
a project consisting of a condominium conversion of202 multi-family units. Adoption of
the resolution allows the fInal map to record, converting the existing apartments into
condominiums. (City Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRlATING UNANTICIPATED GRANT FUNDS FROM
THE HOMELAND SECURITY GRANT AND STATE EMERGENCY
MANAGEMENT PERFORMANCE GRANT (4/5THS VOTE REQUIRED)
The Police and Fire Departments participated in a field exercise in November 2005 as
part of a countywide exercise plan and mutual aid agreements already in force. The state
provides reimbursement for overtime spent at this exercise. It also provides funding for
the Community Emergency Response Team (CERT) program on a year-to-year basis.
San Diego County received $80,000 for this purpose and has allocated each jurisdiction
its fair share. (Management & Information Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET
BY APPROPRlATING $6,600 BASED ON UNANTICIPATED REVENUE FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE WIZ KIDZ
PROGRAM (4/5THS VOTE REQUIRED)
The Recreation Department was awarded $6,600 in Community Development Block
Grant (CDBG) funds for Fiscal Year 2005/2006, and is requesting appropriation of these
funds to its operating budget to fund the Wiz Kidz program at the Otay Recreation Center
for the fiscal year. The amount of $6,483 will be used for personnel services and $117
for supplies and services. (Recreation Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE IMPARTIAL ANALYSIS OF THE CITIZEN'S MEASURE
AMENDING THE CITY CHARTER TO LIMIT THE USE OF EMINENT DOMAIN
IN THE CITY TO BE SUBMITTED TO THE ELECTORATE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CHULA VISTA ON
JUNE 6, 2006
Elections Code section 9280 provides that when a city measure qualifies for a place on
the ballot, the governing body may direct the city elections official to transmit a copy of
the measure to the city attorney. The city attorney shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law and the operation of
the measure. Adoption of the resolution approves the impartial analysis to be submitted
to the electorate at the June 6, 2006 election. (City Attorney)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
http://www.chulavistaca.gov
March 14,2006
.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Councilfrom taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on 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.
9.
CONSIDERATION OF AN AMENDMENT TO SECTION 8.24.070 OF THE CHULA
VISTA MUNICIPAL CODE TO INCLUDE THE ABATEMENT PROCESS FOR
NON-FRANCHISE WASTE HAULERS' NUISANCE ROLL-OFF BOXES AND
CONTAINERS PLACED WITHIN THE CITY'S BOUNDARIES, AND APPROVAL
OF THE ADDITION OF A DAILY IMPOUND RATE TO THE RATE SCHEDULE OF
THE AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT
.
The City experiences problems with non-franchised waste hauling companies delivering
roll-off boxes and bins in franchised areas. By the time these violations are
communicated to staff and code compliance processes are implemented, the jobs are
completed and the containers are removed from the job site. Adoption of the ordinance
amends the municipal code to address these issues, and adoption of the resolution amends
the rate schedule in the amended and restated solid waste franchise agreement to include
a "Daily Impound Rate." (General Services Director)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution and place the following ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ADDITION OF A "DAILY IMPOUND RATE" TO THE
AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT-
EXHIBIT G RATE SCHEDULE
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE CHAPTER 8.24, SECTION 8.24.070 TO INCLUDE THE ABATEMENT
PROCESS FOR NON-FRANCHISED WASTE HAULERS' NUISANCE ROLL-
OFF BOXES AND CONTAINERS PLACED WITHIN CITY BOUNDARIES
(FIRST READING)
Page 4 - Council Agenda
http://www .chu1avistaca.gov
March 14, 2006
10. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL
CODE TO REGULATE THE BREWING AND DISTILLING OF LIQUORS IN THE
LIMITED INDUSTRIAL (I-L) ZONE (APPLICANT: CITY OF CHULA VISTA)
Adoption of the ordinance amends the Municipal Code to allow small scale brewing or
distilling of liquors with a conditional use permit, and prohibits the brewing or distilling
of liquors, except for businesses requiring a Type 23 license from the Department of
Alcoholic Beverage Control, in the Limited Industrial zones. (Planning and Building
Director)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION
I9.44.040Q TO THE CHULA VISTA MUNICIPAL CODE TO ALLOW AND
REGULATE THE SMALL SCALE BREWING OR DISTILLING OF
LIQUORS, AND AMENDING 19.44.050 TO PROHIBIT THE BREWING OR
DISTILLING OF LIQUORS EXCEPT FOR BUSINESSES REQUIRING A
TYPE 23 LICENSE FROM THE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE
IN THE CITY OF CHULA VISTA (FIRST READING)
ACTION ITEMS
The item listed in this section of the agenda is expected to elicit discussion and
deliberation. If you wish to speak on this item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
11. CONSIDERATION OF APPROPRIATION OF TRANSPORTATION
DEVELOPMENT IMPACT FEE FUNDS AND AUTHORIZATION FOR THE
PUBLIC WORKS OPERATIONS DIRECTOR TO EXECUTE CHANGE ORDERS
FOR COMPLETION OF THE INTERSTATE 805/0LYMPIC PARKWAYIEAST
ORANGE A VENUE INTERCHANGE PROJECT AND THE MAIN STREET
NORTHBOUND AND SOUTHBOUND ON-RAMPS IMPROVEMENTS PROJECT
In July 2001, the Council directed the acceleration of traffic projects to enhance traffic
flow in and out of the City. As a result, the City has undertaken five extensive
transportation projects, including three interchanges and two major streets along
Interstate 805. In order to formally complete the projects, an additional $1.95 million in
Transportation Development Impact Fee funds is necessary to process outstanding
invoices. (City Engineer, Public Works Operations Director)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $1,550,000 TO THE INTERST A TE-80S/0L YMPIC
PARKWAY/EAST ORANGE AVENUE INTERCHANGE PROJECT (STM-
328) FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION
DEVELOPMENT IMPACT FEE (TDIF) FUND (4/5THS VOTE REQUIRED)
Page 5 - Council Agenda
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March 14,2006
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $400,000 TO THE INTERSTATE-80S/MAIN
STREET/AUTOPARK DRIVE SOUTHBOUND AND NORTHBOUND ON-
RAMPS PROJECT (STM-3SI) FROM THE AVAILABLE BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND (4/STHS
VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
EXECUTE ANY AND ALL CHANGE ORDERS NECESSARY TO
COMPLETE THE CONSTRUCTION CONTRACT FOR THE INTERSTATE-
80S/OLYMPIC PARKWAYIEAST ORANGE AVENUE PROJECT (STM-328),
EXCLUDING CHANGE ORDERS 22 AND 23 FOR MAIN STREET
SOUTHBOUND AND NORTHBOUND ON-RAMP IMPROVEMENTS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
EXECUTE FINAL CHANGE ORDER NUMBERS 22 AND 23 FOR THE
MAIN STREET NORTHBOUND AND SOUTHBOUND ON-RAMPS
IMPROVEMENTS (STM-3SI), RESPECTIVELY
OTHER BUSINESS
12. CITY MANAGER REPORTS
13. MAYOR'S REPORTS
· Ratification of appointment of Brett Davis to the Resource Conservation
Commission.
14. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
IS. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION S49S6.9(b)
. One Case
ADJOURNMENT to the Regular Meeting on March 21, 2006 at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda
http;//www.chulavistaca.gov
March 14, 2006
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 7 - Council Agenda
http://www .chulavistaca.gov
March 14,2006
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3
Water Reuse Study
On average, 90 percent of the City of San Dleqo's water IS Imported
from the Colorado River and Northern C,1IIfornia. These water
suplJlles are increasingly strained by a growing population
and a lack of rainfall. Drought is a constant threat. Twenty
five years ago, the City of San Diego was home to 875,000
residents, Today, San Diego IS a city of 1.3 million residerlts,
and is projected to grow to 1 5 million people over the next
25 years. Even with aggressive water conservation, by
2030 San Diego will require 25 percent more water
than it is using now.
. ",i~
.-
t;-'
t:;"',::'it',
"\;'~)_:
k.._ '
;:44.(JII() ilcre-fpl'l
pf~r ~'t'~JI 111 iU(If)
At the direction ot the San Diego ",ty Council. tile Water
Reuse Study explored ways ;0 optimize use of recycled water produced
by tr,e City, therefore reduClrlC) our demc\lld for Imported water
PUBLIC INVOLVEMENT
Public par ticlpatlon IS a critical componerlt ot the Study It IS the
City's top priority that the lJublic understand rec;ycled water use and
determine the hest use of this resource, A wide range of meetings
and communications have produced beneflc",1 dialogue between city
residents and the Study tealTl.
. 113 presentations . Stakeholder Interviews
. 6,168 webslte visits . CityTV 24 video presentation
. 398 on-line informal opinion surveys broadcast
. City of San Diego Assembly . Monthly electronic newsletter
on Water Reuse . Water bill insert
. July 26, 2005 Special Election 8allot ad
.as of 12/31/05
The Sturiy team sought Input and direction through two-way
communication, A key feedback component was the City of San Diego
Assembly on Water Reuse. a
Recycled Wiltu Use hy 2030 57-member stakeholder group,
15
The group held two workshops and
produced opinions on Study options and
the evaluation criteria used for analyzing
each option, After reviewing the proposed
wClter reuse strategies, the assembly voted
unanimously to endorse strategies utilizing
inrillect potable reuse.
>-
a.
a 12
~
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B 6
~
o
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o
o
Non-potable Maximum
use only production
> ';; l
BiOCOM/San Diego I
I
I,'"
-1'
Biosltelncorporated
:.. .1
Carmel Mountain RanCh'.]
Community CouncU
City of Coronado
City of Del Mar
City of EI Cajon
City of Imperial Beach
City of La Mesa
City of Nationai City
City of Poway
Dei Mar Mesa Community
Planning Board
Greater Skyline Hilts Community
Association
Metro Wastewater JPA
Padre Dam Municipal
Water District
Public Utilities Advisory
Commission
Ramona Municipal Water District
San Diego Regionai Chamber
of Commerce
San Dlegulto Water District
Sweetwater Authority
Torrey Hills Community
Planning Board
"as of 3/9/06
~.
~-~,
~~/()C;
RECYCLED WATER PRODUCTION
.'
"-
~
~
..z
North City Water Reclamation Plant Opened 1997
Design capacity: 30 MGD
24 MGD available for distribution after plant
processing use
South Bay Water Reclamation Plant Opened 2002
Design capacity: 15 MGD
13.5 MGD available for distribution after plant
processing use
Study Research on Water Reuse Options
The City Council directed research on several ways to maximize recycled
water use. These are: continue expanding the system for Irrigation and
industrial use, create storage reservoirs, add to streams or create wetlands,
recharge or improve groundwater basins and reservoir augmentation.
Graywater use was also researched.
The Study's research team developed six reuse strategies. Those
maximizing the amount of recycled water available from the two plants
utilized reservoir augmentation projects, which require advanced water
treatment to the plants' tertiary level recycled water After a blending time
with untreated water stored in a reservoir, the water is treated at a drinking
water plant to meet all required drinking water guidelines before distribution.
.
Indirect Reuse Projects:
EI Paso, TX 4-5 MGD
Fairfax County, VA 54 MGD
Las Vegas, NV 144 MGD
Orange County, CM' 70 MGD
Singapore 6 MGD
.online 2007
BENEFITS OF RECYCLED WATER
As the costs of Importing water continue to rise, producing a steady supply
of recycled water is not Just an economic advantage, but an ecological
necessity.
Available year-round
Enhances the environment
Conserves imported water
Locally controlled
Variety of beneficial uses
Drought-proof water supply
Promotes sustainability
Water Reuse Study Information Line:
(619) 533-4631
www.sandiego.gov/water/waterreusestudy
Securing a reliable water supply is vital to local economic development.
Businesses look at water reliability when making decisions about relocating
or expanding facilities. Additionally, when wastewater is recycled and
reused locally, less is treated and disposed of in the ocean.
CONCLUSION
Support for the Study will ensure San Diego's ability to increase our local
water supply, decrease our reliance on imported water sources, promote
self-sufficiency and optimize water assets for future residents, visitors
and businesses.
1
2
NORTH CITY WATER
RECLAJv\.ATION PLANT
@
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0'
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CA.CilSBAO
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PE(:'LAMATlnN PLANT ~~ (HULA
-.. ~ VISTA
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w.1P€R L -..
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ISANTEE
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@
LEMON
G!'.OVE
City of San Diego
Recycled Water Systems
..
3
Water Reuse Study
In January 2004, the San Diego City Council
authorized a study by the Water Department to
evaluate all opportunities to increase recycled water
use in the City. All options will be presented to the
City Council at the study conclusion.
Objective
Conduct an impartial, balanced, comprehensive,
science -based study of all recycled water
opportunities so the City of San Diego can meet
current and future water supply needs.
HE Garr OT v�
Oepe em MAR
5'qN D�E�'O
Reuse Study Options
Requested By City Council
Expand the recycled water distribution system
Create surface storage reservoirs
Live stream discharge / Wetlands creation
Recharge groundwater basins / Supplement
groundwater drinking water supplies
Reservoir augmentation
Graywater use (wastewater from drains but
excludes toilets and kitchen sinks, for example)
5
.............. =
..".,.".,...~,_".'V.
North City Decision Chart
~'3
"
RANCHO
BERNARDO
PHASE III
EXISTING
SYSTEM
,
INFILL
(MEET 2010
GOAL)
SAN VICENTE
16 MGD IPR
CENTR'
'SERVICE ARE'
.--,
NC-3 (maximizes
beneficial use)
_.n_. .__....._____.
SEASONAL
STORAGE
..._.__~.~_.M___
" ,.l'
f6.2;~C:::1i~"le "
WETLANDS
____n__.... ___.__._.._
LAKE HODGES
2 MGD IPR
NC-2 (mixed uses)
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10
11
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 19, 2006
6:00 P.M.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:22 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and
Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
1.
INTERVIEWS TO APPOINT TWO MEMBERS [CATEGORY
(ARCHITECT/ENVIRONMENTAL PLANNER) AND FOUR
ENGINEER/URBAN DESIGNER/SCIENTIST)] TO THE CHULA
REDEVELOPMENT CORPORATION
ONE
(CIVIL
VISTA
The Council discussed the interview process, with Councilmember Rindone suggesting that each
member ask 3 or 4 questions, then pass the questioning along to the next member to give
everyone an opportunity to dialog with each candidate. It was the consensus of the Council to
ask applicants to remain outside Chambers until after their respective interviews, and to give
each Councilmember five minutes to ask questions of each applicant. The Council then
interviewed the following applicants:
Travis Cleveland
Christopher Rooney
Mike Spethman
Rafael Munoz
Steven Lombardi
Doug Paul
Katherine Magallon
Architect/Environmental Planner Category
Architect/Environmental Planner Category
Architect;Environmental Planner Category
Civil Engineer/Urban Designer/Scientist Category
Architect/Environmental Planner Category
Civil Engineer/Urban Designer/Scientist Category
Architect/Environmental Planner Category
ACTION:
Following Council deliberations, Councilmember Castaneda moved to appoint
Doug Paul to the Civil Engineer/Urban Designer/Scientist category. The motion
carried 3-2, with Councilmember Rindone and Deputy Mayor McCann voting no.
It was then moved by Councilmember Rindone, seconded by Councilmember
Chavez, to revote as a gesture of unanimity and appoint Doug Paul. The motion
carried 5-0.
/ A-I
T=lASlQ
ACTION:
Following further Council deliberations, Councilmember Rindone moved to
appoint Christopher Rooney to the Architect/Environmental Planner category.
The motion carried 4-1, with Councilmember Chavez voting no. It was then
moved by Councilmember Chavez, seconded by Deputy Mayor McCann, to
revote as a gesture of unanimity and appoint Christopher Rooney. The motion
carried 5-0.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
At 10:28 p.m., Mayor Padilla adjourned the City Council to the Regular Meeting of January 24,
2006, at 6:00 p.m. in the Council Chambers.
~W3'i~
Susan Bigelow, MMC, City Clerk
Page 2 - Council Minutes
http://www.chu1avistaca.gov
January 19, 2006
/A/;:)-
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 6, 2006
6:00 P.M.
A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 6:22 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann (arrived at 7:04
p.m.), Rindone, and Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
PUBLIC COMMENTS
Public comments were taken out of order and heard prior to Item 1.
Lupita Jimenez, speaking on behalf of Crossroads II, commented on a letter delivered to the
Council stating that CYRC members should be local residents, and she asked the Council to
appoint Chula Vista residents to the remaining slots.
1. INTERVIEWS TO APPOINT TWO MEMBERS [CATEGORY TWO (FINANCIAL
PLANNERlEDUCATOR/COMMUNITY LEADER) AND CATEGORY THREE
(REAL ESTATE DEVELOPERlBUSINESS LEADER)] TO THE CHULA VISTA
REDEVELOPMENT CORPORATION
The Council then interviewed the following applicants:
Chris Lewis
Sherman Harmer
Kevin O'Neill
Kurt Chilcott
Nick Aguilar
Enrique Gandarilla
Real Estate Developer/Business Leader Category
Real Estate Developer/Business Leader Category
Real Estate Developer/Business Leader Category
Financial Planner/Educator/Community Leader Category
Financial Planner/Educator/Community Leader Category
Financial Planner/Educator/Community Leader Category
Deputy Mayor McCann arrived during the interview of Mr. Harmer.
Applicant Elizabeth Jackson, Real Estate Developer/Business Leader Category, was unable to be
present.
/6--/
T:JA $10
ACTION:
It was the consensus of the Council that February 14, 2006, would be the last
interview date, and applicants Paul Desrochers and Elizabeth Jackson were asked
to be present for interviews beginning at 5:00 p.m. if both can attend, or at 5:30
p.m. if only one can attend.
Mayor Padilla left the meeting at this point, 10:00 p.m.
Councilmember Rindone suggested that a letter be sent to all applicants asking them to reserve
February 23, 2006, at 6:00 p.m., so that, if selected, they may participate in the first CVRC
meeting.
Councilmember Castaneda referred to a memo from the City Attorney regarding the eminent
domain petition and requested a report from the City Clerk or City Attorney explaining why the
petition did not qualify and what recourse was available to those who had signed.
ADJOURNMENT
At 10:14 p.m., Deputy Mayor McCann adjourned the City Council to the Regular Meeting of
February 7, 2006, at 4:00 p.m. in the Council Chambers.
~ V--L~--=::;'y8:~
Susan Bigelow, MMC, City Clerk
.
Page 2 - Council Minutes
http://www.chulavistaca.gov
February 6,2006
/!3~~
~J__
RECEIVED
~{It-
~
~--""C"=
- - -
Mayor and City Council '06 lIAR -6 A 9 :1 7
City Of Chula Vista
276 Fourth Avenue
ChulaVista,Ca91910 CITY OF CHULA VISTA MEMO
619.691.5044 - 619.476.5379 Fax CITY CLERK'S OFFICE
em OF
CHUlA VISTA
Monday, March 06, 2006
FROM:
City CouncJ
N..... D. "10~, E_H~ S"""'''t--l1cf
Request for Excused Absence
TO:
RE:
Mayor Stephen C. Padilla has requested an excused absence from the Tuesday, March 7, 2006
CouncJ meeting, as he will be attending California Coastal Commission meetings in Monterey.
Cc: Mayor Stephen C. Padilla
City Manager
City Attorney
City Clerk
JA-/
,,-A .,
RECEIVED
Councilmember Steve Castaneda
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
CIlY OF 619.691.5044 - 619.476.5379 Fax
CHUlA VISTA
'OS !tAR -8 A9:OS
CITY OF ct... M 0
CITY CLER,..rm;;.
Monday, March 06, 2006
RE:
Mayor and City Councilmemb r
TO:
cc:
City Manager, City Clerk, C ty
FROM:
Councilmember Steve Ca t
Absence from Office
I will be out of town at the National League f Cities 2006 Annual Congressional City
Conference in Washington D.C. from March 11,2006 through March 15, 2006. I
request to be excused from the City Council Meeting of March 14, 2006. Thank you
~g"l
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date 03/14/06
ITEM TITLE:
Ordinance establishing a 35 mph new speed limit on Stone
Gate Street between Hunte Parkway and Adirondack Place.
SUBMITTED BY: Acting Director ofEngineering~
REVIEWED BY: City Manager { ~ PR
(4/Sths Vote: Yes_ NolO
BACKGROUND: On September 21, 2005 staff completed an Engineering and Traffic survey
for Stone Gate Street. Based on the results of this speed survey and pursuant to the authority
under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that
a 35 mph speed limit should be established on Stone Gate Street between Hunte Parkway and
Adirondack Place. Signs indicating a 25 mph speed limit "When Children Are Present" are
posted as required by the Chula Vista Municipal Code near Eastlake Middle School.
RECOMMENDATION: That City Council adopt the ordinance establishing a 35 mph speed
limit on Stone Gate Street between Hunte Parkway and Adirondack Place.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of January 12,
2006, voted to concur with staffs recommendation to establish a 35 mph speed limit on Stone
Gate Street.
DISCUSSION:
The speed survey was performed in accordance with the California Vehicle Code, which
indicates that the posting of speed limits be determined by an Engineering and Traffic Survey
which shall include: (1) prevailing speeds as determined by traffic engineering measurements;
(2) accident records; and (3) traffic/roadside conditions not readily apparent to the driver. The
Manual on Uniform Traffic Control Devices (2003 MUTCD) states that speed limits should be
established at the nearest (5mph) increment to the 85th percentile speed, which is defined as that
speed at or below which 85 percent of the traffic is moving, unless engineering judgment
recommends otherwise based on roadway characteristic factors. Speed limits higher than the
85th percentile speed are not generally considered reasonable and safe. Limits below the 85th
percentile do not facilitate the orderly movement of traffic. Speed limits established on this basis
conform to the consensus of those who drive the street as to what speed is reasonable and safe,
and are not dependent on the judgment of one or a few individuals. Only when roadside
development results in traffic conflict and unusual conditions which are not readily apparent to
drivers, speed limits may be posted somewhat below the 85th percentile speed.
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Phvsical Conditions:
Page 2, Item 3
Meeting Date 03/14/06
The following table shows the existing conditions for Stone Gate Street:
Segment Limits Hunte Parkway to Adirondack Place
Length/Width 0.34 mi. / 54'-34'curb to curb
Classification Class III Collector
ADT (Year) 4,024 (2005)
Exist. Speed Limit Not posted
85t"% Speed 37 mph
Number of Lanes Two lanes (one per direction)
Striping Two lanes & one two-way left-turn lane
On-Street Parkin!! Not allowed
Land Use Mostly residential area
Horizontal AIi!!nment Tangent
Vertical Alignment Gl - +5.78% to G2 - +2.25% Over 200 ft. vertical curve along
centerline produces a design speed of 39 mph.
Accident Rate: 0.0011.95 (per million vehicle miles)
Se!!ment / State
Special Conditions Eastlake Middle School located at Duncan Ranch Road & Stone
Gate Street
Staff, therefore recommends the establishment of a 35 mph speed limit based on the low accident
rate, design speed, 85th percentile speed as outlined in the Engineering/Traffic Survey, and
roadway characteristics. Staff also recommends that Schedule X of the register maintained in the
Office of the City Engineer be revised as follows:
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
Stone Gate Street Hunte Parkway Adirondack Place 35 mph
FISCAL IMPACT:
The cost to install signs and pavement legends is about $300.00.
Attachments: Speed Survey
Location Plat
J:\EngineerIAGENDAICA2006103-14-061A113_(Stone Gate Street) speed Establishment
3-2
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SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Stone Gate Street
LIMITS: Hunte Pkwy to Adirondack Place
Length of Segment (ft): 1,790' (0.34 miles)
Existing Posted Limit (1Dph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: White Alder Ave and Stone Gate St
Date Taken: 09/19/2005
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 37
Range of Speeds Recorded (mph): 22 - 45
ROADWAY CHARACTERISTICS
Width (ft): 54'-34' (curb-to-curb) with a 4'-12' painted median
Total No. of Lanes: 2 lanes (one per direction)
Horizontal Alignment: Tangent
Vertical Alignment: A crest vertical curve located between Duncan Ranch Rd and
Adirondack Place, with a +5.78% to +2.25% grade change over 200'
along the centerline produces a desiga speed 009 mph.
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 4024 (2005)
On-Street Parking: Allowed
Special Conditions: Eastlake Middle School is located on Duncan Ranch Road and Stone
Gate Street. Sigas posted "25 mph zone when children present"
Residential area with a school bus route.
Accident History: The accident rate at this segment is 0.00 (accidents per million vehicle
miles) which is lower than the rate of 1.95 for similar roadways in the
State of California.
SURVEY RESULTS
s ed
Date Recommendation Approved:
By: Lombardo
Approved Speed Limit (mph): 35 mph
Per CVC 40803, Survey Expires: 09/19/2012
3-3
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ESTABLISHING THE SPEED
LIMIT ON STONE GATE STREET BETWEEN HUNTE
PARKWAY AND ADIRONDACK PLACE TO 35 MPH
WHEREAS, based on the provisions of the California Vehicle Code and pursuant
to authority under the Chula Vista Municipal Code, the City Engineer has determined that
the speed limit on Stone Gate St. between Hunte Parkway and Adirondack Place be
established to 35 mph; and
WHEREAS, this recommendation and other information in the City Engineer's
report has been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: The speed limit on Stone Gate S1. between Hunte Parkway and
Adirondack Place is hereby established to 35 mph.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the ChuIa Vista Municipal Code, "Established Speed
Limits in Certain Zones-Designated," is hereby amended to include the following
information:
Chula Vista Municipal Code Section 10.48.020 - Schedule X
Established Speed Limits in Certain Zones
Name of Street Beginning At Ending At Proposed Speed Limit
Stone Gate Street Hunte Parkway Adirondack Place 35 mph
SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
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City Attorney
Leah Browder
Acting Director of Engineering
H:\ENGINEER\Ordinances\Ord2006\03-14-06\Ordinance_(Stone Gate St) Speed Est..doc
3-5
COUNCIL AGENDA STATEMENT
Item 4-
Meeting Date 3/14/06
ITEM TITLE:
Resolution Approving the Final Map for condominium
purposes for 321 Rancho Drive, Chula Vista Tract No. 05-11, and
approving the associated Subdivision Improvement Agreements.
Acting Director of Engineering ~
City Manager i ~ Jl~
(4/5ths Vote: Yes_ NolLJ
SUBMITTED BY:
REVIEWED BY:
On November 23, 2004 Council approved a Tentative Subdivision Map for 321 Rancho
Drive proposing the condominium conversion of 48 multi-family units. Tonight's action is
strictly ministerial per the Subdivision Map Act Section 66474.1 and will allow the final map
to record, converting the existing apartments into condominiums.
RECOMMENDATION: That Council adopt the resolution.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Chula Vista Tract No. 05-11, 321 Rancho Drive, is a 48-unit condominium project on 3.88
acres located south of Main Street, east of 1-805. The Tentative Map for the project was
approved on November 23, 2004 by Resolution No. 2004-377. All discretionary action was
taken with the approval of the Tentative Map for the project. Tonight's action is strictly
ministerial per the Subdivision Map Act Section 66474.1: "A legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the
proposed subdivision and if it finds that the final map or parcel map is in substantial
compliance with the previously approved tentative map. "
Conditions of the Tentative Map approval included guidelines for noticing eXIstmg and
prospective tenants, as well as a meeting regarding relocation assistance programs. All
notification requirements were met and City staff received no tenant complaints. Currently,
there are no tenants living in these units.
The Final Map was reviewed by the City Engineer and the Director of Planning and
Building, and found to be in substantial conformance with the Subdivision Manual and the
approved Tentative Map. The developer, Rancho Coastal, LLC, a California Limited
Liability Company, has executed the Subdivision Improvement Agreement, providing bonds
to secure the required construction of new driveways to the project, and the Supplemental
Subdivision Improvement Agreement, addressing several outstanding tentative map
conditions. These conditions will remain in effect until satisfied by the developer and/or
4-1
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Page 2, Item if-
Meeting Date 3/14/06
their successor(s). Some provisions of the Agreement shalI remain in effect in perpetuity to
be satisfied under the terms of the approved Covenants, Codes and Conditions.
FISCAL IMPACT: There is no impact to the General Fund. AII staff costs associated with
the proposed agreement wilI be reimbursed from the developer's deposits.
Attachments:
Attachment 1: Vicinity Map of the project
Attachment 2: Subdivision Improvement Agreement
Attachment 3: Supplemental Subdivision Improvement Agreement
File No. EY-429
J. \EngineerlA GENDA ICAS2006103-14-06IRancho Jinalmapp _tract05-II.doc
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VICINITY MAP
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4-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR 321 RANCHO DRIVE, CHULA VISTA
TRACT NO. 05-11, AND APPROVING THE ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, a Tentative Map for 321 Rancho Drive, Chula Vista Tract No. 05-11, was approved
by City Council on November 23,2004 by Resolution No. 2004-377; and
WHEREAS, the developer, Rancho Coastal, LLC, a California Limited Liability Company, has
submitted a final map for 321 Rancho Drive; Chula Vista Tract No. 05-11; and
WHEREAS, the Final Map was reviewed by the City Engineer and the Director of Planning and
Building, and found to be in substantial conformance with the Subdivision Manual and the approved
Tentative Map; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement and a
Supplemental Subdivision Improvement Agreement for the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby tinds that certain map survey entitled Chula Vista Tract 05-11, 321 Rancho Drive and more
particularly described as follows:
Being a subdivision of Parcel 2 of Parcel Map no. 6263, in the City of Chula Vista, County of
San Diego, State of California, tiled in the office of the County Recorder of San Diego County,
August 15, 1977 in book of Parcel Maps at page 6263.
Area: 3.88 Acres
Numbered Lots: 1
No. of Lots: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said
map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council has
approved said subdivision map.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the
Clerk ofthe Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the certain Subdivision Improvement Agreement and for the
completion of improvements in said subdivision, a copy of which shall be kept on file in the Office of the
City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that celiain Supplemental Subdivision Improvement Agreement
for addressing on-going conditions of approval that will remain in effect and run with the land for the
map, a copy of whIch is on tile in the OtTice of the City Clerk, is hereby approved.
4-4
Resolution 2006-
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and
directed to execute said agreements on behalf of the City of Chula Vista.
Presented by
Approved as to fonn by
Leah Browder
Acting Director of Engineering
4-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-P~
Ann Moore
City Attorney
Dated:
3J7/0()
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Subdivision Improvement Agreement between the City ofChula Vista and
Rancho Coastal, LLC for Chula Vista Tract No. 05-11 - 321 Rancho Drive
4-6
RECORDING REQUEST BY:
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City Oerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
EY -429
SUBDMSION IMPROVEMENT AGREEMENT
FORCHULA VISTA TRACT NO. 05-11
321 RANCHO DRIVE
This Subdivision hnprovement Agreement ("Agreement") is made this _day of
2006, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and RANCHO COASTAL, LLC, A CALIFORNIA LIMITED LIABlLTY
COMPANY ("Developer" or "Grantor"), with reference to the facts set fortb below, which recitals
constitute a part of this Agreement:
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista for
approval and recordation, a final subdivision map of a proposed subdivision, to be known as 321
Rancho Drive (CVT 05-11) pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the Chu1a Vista Municipal Code
relating to the filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of the
City of Chula Vista, Subdivider must have either installed and completed all of the improvements
and/or land development work required by the Code to be installed in subdivisions before final maps
of subdivisions are approved by the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement
with City, secured by an approved iroprovement security to insure the performance of said work
pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and
4-7
complete, free of liens at Subdivider's own expense, all of the improvements and/or land
development work required in said subdivision within a definite period of time prescribed by said
Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of said
map by the Council, to enter into this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the improvement work required by City in connection
with the proposed subdivision and will deliver to City improvement securities as approved by the
City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2004-337, approved on the 23rd
day of November, 2004 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Construction Permit No. PC-1706 on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount as set forth as
follows:
Construction of two (2) driveways per City Standard CVCS-l - FOUR
THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($ 4,200.00).
Total estimated cost of improvements - FOUR THOUSAND TWO HUNDRED
DOLLARS AND NO CENTS ($ 4,200.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed,
at its own expense, without cost to City, in a good and workmanlike manner, under the direction and
to the satisfaction and approval of the City Engineer, all of the improvement and/or land
development work required to be done in and adjoining said subdivision, including the
improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary
materials therefore, all in strict conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the City Engineer and as described in
2
4-8
the above Recitals this reference are incorporated herein and made a part hereof.
3. It is expressly understood and agreed that Subdivider will cause all necessary materials to
be furnished and all Improvement Work required under the provisions ofthis contractto be done on
or before the second anniversary date of Council approval of the Subdivision Improvement
Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as set
forth hereinabove, or that portion of said Improvement Work serving any buildings or structures
ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility
connections for said buildings or structures in said subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the completion of said improvements or the
portion thereof serving said building or structures approved by the City; provided, however, that the
improvement security shall not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances
of the City of Chula Vista, and the laws of the State of Califoruia applicable to said work.
6. Subdivider further agrees to furnish and deliver to the City ofChula Vista, simultaneously
with the execution of this agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of:
Construction of two (2) driveways per City Standard CVCS-l - FOUR THOUSAND TWO
HUNDRED DOLLARS AND NO CENTS ($ 4,200.00).
Total estimated cost of improvements-FOUR THOUSAND TWO HUNDRED DOLLARS
AND NO CENTS ($ 4,200.00).
which security shall guarantee the material and labor, and faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A" Cash Bond and made a part
hereof.
7. It is also expressly agreed and understood by the parties hereto that in no case will the City
of Chula Vista, or any department, board or officer thereof, be liable for any portion ofthe costs and
expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials furnished therefore, except to the limits
established by the approved improvement security in accordance with the requirements ofthe State
Subdivision Map Act and the provisions of Title 18 of the Chula Vista Muuicipal Code.
3
4-9
10. It is further understood and agreed by Subdivider that any engineering costs (including
plan checking, inspection, materials furnished and other incidental expenses) incurred by City in
connection with the approval of the Improvement Work plans and installation of Improvement Work
hereinabove provided for, and the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money sufficient to cover said cost.
11. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any
damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is
further understood and agreed that Subdivider shall guarantee all improvements for a period of one
year from date offmal acceptance and correct any and all defects or deficiencies arising during said
period as a result of the acts or omission of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to this agreement; provided,
however, that said acceptance shall not constitute a waiver of defects by City as set forth
hereinabove.
12. It is understood and agreed that City, as indemnitee, pr any officer or employee thereof,
shall not be liable for any injury to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further
agrees to protect and hold the City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however,
that the approved improvement security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless shall extend to damages to
adjacent or downstream properties or the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said subdivision and the improvements as
provided herein. It shall also extend to damages resulting from diversion of waters, change in the
volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of
the point of discharge as the result of the construction and maintenance of drainage systems. The
approval of plans providing for any or all ofthese conditions shall not constitute the assumption by
City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or
surety for the construction of the subdivision pursuant to said approved improvement plans. The
provisions of this paragraph shall become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the acceptance by the City of the
improvements.
. .....
13. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents, officers,
4
4-10
or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal
board, or legislative body concerning a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the State of California.
13. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations
set forth herein maybe assigned to Subdivider's successor in interest if the City Manager in his/her
sole discretion determines that such an assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of
securities by the successor in interest in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for security as set forth elsewhere in this
Agreement. Such assignment will be in a form approved by the City Attorney.
5
4-11
SIGNATURE PAGE ONE OF TWO
SUBDMSION IMPROVEMENT AGREEMENT
321 RANCHO DRNE
(CVT 05-11)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first hereinabove set forth.
THE CITY OF CIruLA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
6
4-12
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
321 RANCHO DRIVE
(CVT 05-11)
Ralph Giannella
Owner / Developer
1010 Turquoise Street, Suite 200
San Diego, CA 92109
BY:
RANCHO COASTAL, LLC,
a California limited liability ~
~/
BY:
(Attach Notary Acknowledgment)
7
4-13
LIST OF EXillBITS
Exhibit "A"
Improvement Security - Faitbful Performance, and Material and Labor
Form:
Cash Bond
.
Amount:
$ 4,200.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
8
4-14
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EXHIBIT "A"
I
619-691-5021
619-691-5171 FAX
RCPTi:02-014'48~
$ 4200_00
DE P osfrJ? 2005/1:0 Pi
ACCOUNT'&
CASH BOND
CREATION FORM
ENGINEERING DEPARTMENT
CTIY OF
(HUlA VISTA
276 Fourth Avenue Chula Vista CA 91910
FORM 5550
o Deposit Account Creation (Staff Time)
o Deposit Account Creation (Other)
o Additional Deposit,
~ Cash Bond Creation
City:
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Description:
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Submitted by:
Route To: 0 Eng. Staff Manager 0 Eng. Fiscal Section 0 Finance Oept.
Note: Shaded areas to be completed by Engineering Department Fiscal Section staff only.
'SSN or IRS Tax 10 required for Cash Bond with interest.
Interest in an amount of $10.00 or more will be reported to the Intemai Revenue Service.
4-15
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
J~ -r
Ann Moore
City Attorney
3/7/1)10
I
Supplemental Subdivision Improvement Agreement between the City of
Chula Vista and Rancho Coastal, LLC for Chula Vista Tract No. 05-11 -
321 Rancho Drive
Dated:
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4-17
RECORDING REQUEST BY:
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City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
EY -429
SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 05-11
321 RANCHO DRIVE
(Conditions 1,2,7, 8,9, 10, 11, 12, 13, 15, 16, 17, 18, 19,20,22,23, , 25, 26 and 27 of
Resolution 2004-337)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of ,2006, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and RANCHO COASTAL, LLC, A CALIFORNIA
LIMITED LIABILTY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and
incorporated herein ("Property"). Tbe Property is referred to as 321 Rancho Drive, Chula
Vista Tract No. 05-11 as approved by resolution no. 2004-377. For purposes of this
Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly
referred to as the 321 Rancho Drive Tentative Subdivision map, Chula Vista Tract No. 05-
11, ("Tentative Subdivision Map") for the subdivision of the Property.
4-18
.
D.
The City has adopted Resolution 2004-337 ("1M Resolution") pursuant to which it has
approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the TM Resolution.
E. City is willing, on the premises, security, te=s and conditions herein contained to approve
the final map for which Deve~oper has applied ("Final Map") as being in substantial
confo=ance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained,
the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with 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. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
co=unity and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether 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.
a. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project, Developer may have the right to obtain a release of any of Developer's
obligations under this Agreement, provided Developer obtains the prior written consent of
the City to such release. Such assignment shall, however, be subject to this Agreement and
the Burden of this Agreement shall remain a covenant running with the land. The City shall
not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of
the City, its ability to perfo= its obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee. Developer, or their successors in
interest, shall improve the Project Site with the Project as described in Tentative Subdivision
Map, Chula Vista Tract 99-05,.except as modified by this Resolution.
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b. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its
assignee, the City shall release the assignee of the Burden of this Agreement as to such
assigned portion if such portion has complied with the requirements of this Agreement and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condition No.1 of Resolution 2004-377. In satisfaction of Condition No.1 of Resoloution
2004-377, Developer agrees to all of the terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Applicant as to any or all of the property.
3. Condition No.2 of Resolution 2004-377. In satisfaction of Condition No.2 of Resolution
2004-377, Developer shall comply, remain in compliance, and implement the terms,
conditions, and provisions, as are applicable to the property which is the subject matter of
this Tentative Subdivision Map and as recommended for approval by the Planning
Commission on November 10, 2004, and DRC 04-62 and as approved by the Zoning
Administrator on November 17, 2004.
4. Condition No. 7 of Resolution 2004-377. In satisfaction of Condition No. 7 of Resolution
2004-377, the Developer agrees that the project shall meet current fire protection standards
and shall maintain all existing fire protection facilities.
S. Condition No.8 of Resolution 2004-377. In satisfaction of Condition No.8 of Resolution
2004-377, the Developer agrees to install walls, which meet the current Uniform Building
Code standards, between airspaces of the condominium units. In addition, Applicant agrees
to install I-hour rated party walls on the upper unit ceilings.
6. Condition No.9 of Resolution 2004-377. In satisfaction of Condition No.9 of Resolution
2004-377, the Developer agrees to submit, and obtain approval for, a building permit for a
new trash enclosure prior to the issuance of the occupancy permit. The trash enclosure shall
be constructed as a 20' x 10' enclosure to accommodate trash and mixed paper recycling bins.
The enclosure shall allow access without the need to move other containers out of the way.
Furthermore, all trash container areas shall be paved with an impervious surface, designed to
not allow run-on from adjoining areas, screened or walled to prevent off-site transport of trash,
and provide attached lids on all trash containers that exclude rain or provide a roof or awning to
minimize direct precipitation. Developer further agrees to develop and submit a "Recycling
and Solid Waste Management Plan" to the Conservation Coordinator for review and approval
as a part of the permit process. The plan shall demonstrate those steps the applicant will take to
comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the
State mandate to reduce or divert at least 50 percent of the waste generated by all residential,
commercial and industrial developments. Developer agrees to contract with the City's
franchise hauler throughout the construction and occupancy phase of the project.
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7. Condition No. 10 of Resolution 2004-377. In satisfaction of Condition No. 10 of Resolution
2004-377, the Developer shall install a minimum of 200 cubic feet of storage area for each unit.
Storage space must be easily accessible and can be placed in the garages. A portion of the
required storage space shall be located immediately adjacent to each unit.
8. Condition No. 11 of Resolution 2004-377. In satisfaction of Condition No. II of
Resolution 2004-377, the Developer agrees that all lighting shall meet the protective current
lighting standards of the current Uniform Building Code.
9. Condition No. 12 of Resolution 2004-377. In satisfaction of Condition No. 12 of
Resolution 2004-377, the Developer agrees that the Project's exterior upgrades shall be in
accordance with the approved DRC-04-62 design review pennit including but not limited to,
repairing and re-painting exterior surfaces, replacing existing windows with noise and energy
efficient windows, add window trimming, add storage units adjacent to the balcony of each
unit, etc.
10. Condition No. 13 of Resolution 2004-377. In satisfaction of Condition No. 13 of
Resolution 2004-377, the Developer agrees that the Homeowners Association shall be
responsible for service utilities including water and sewer, and the billing and payment of
these utility costs.
11. Condition No. 14 of Resolution 2004-377. In satisfaction of Condition No. 14 of
Resolution 2004-377, the Developer agrees to have the Housing and Building Department
complete a compliance survey on all units, and to have any and all identified deficiencies
corrected prior to the issuance of the occupancy certificate.
12. Condition No. 15 of Resolution 2004-377. In satisfaction of Condition No. 15 of
Resolution 2004-377, the Developer agrees that all utilities serving the subject property and
existing utilities located within or adjacent to and serving the subject property shall be placed
underground in accordance with the Chula Vista Municipal Code. Developer further agrees
all new utilities serving the subject property shall be placed underground prior to the issuance
of building pennits.
13. Condition No. 16 of Resolution 2004-377. In satisfaction of Condition No. I 6 of Resolution
2004-377, the Developer agrees that any and all agreements that the Applicant is required to
enter into hereunder shall be in a form approved by the City Attorney.
14. Condition No. 17 of Resolution 2004-377 (NPDES). In satisfaction of Condition No. 17
of Resolution 2004-377, Developer agrees to fu11y implement NPDES best management
practices ("BMPs") to reduce the amount of po11utants entering the City's storm water
conveyance system, including but not limited to the fol1owing:
Developer shall erect signs near storm drain inlets and public access points along channels
and creeks; installation of efficient irrigation systems and landscape design; employment of
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integrated pest management principles; and the creation and implementation of inspection
and maintenance programs for structural treatment control BMPs and private sewer lines.
a. Developer shall provide storm drain system stenciling and signage; more
specifically:
i. Developer shall provide and maintain stenciling or labeling near all
storm drain inlets and catch basins.
ii. Developer shall post and maintain City-approved signs with language
andlor graphical icons that prohibit illegal dumping at public access
points along channels and creeks.
b. Developer shall install and use efficient irrigation systems and landscape
design; more specifically, Developer shall do all of the following:
i. Employ rain shutoff devices to prevent irrigation after precipitation.
ii. Adjust irrigation systems to each landscape area's specific water
requirements.
111. Use flow reducers or shutoff valves triggered by a pressure drop to
control water loss in the event of broken sprinkler heads or lines.
iv. Employ other comparable, equally effective, methods to reduce
irrigation water runoff.
c. Developer shall employ integrated pest management principles. More
specifically, eliminate andlor reduce the need for pesticide use by implementing
Integrated Pest Management (!PM), including: (1) planting pest-resistant or well-
adapted plant varieties such as native plants; (2) discouraging pests in the
landscaping design; (3) distributing IPM educational materials to
homeowners/residents. Minimally, educational materials must address the following
topics: keeping pests out of buildings and landscaping using barriers, screens, and
caulking; physical pest elimination techniques, such as, weeding, squashing, trapping,
washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use
of pesticides as a last line of defense.
d. Developer shall educate the Public by ensuring that the Homeowners
Association, through Property Management, etc., informs residents about the City's
non-storm water and pollutant discharge prohibitions. This goal can be achieved by
distributing informative brochures (some available free from the City of Chula Vista)
to new home buyers and dedicating sections of newsletters to storm water quality
issues, as applicable.
e. NPDES Codes, Covenants, and Restrictions provisions. The Codes,
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Covenants, and Restrictions ("CC&Rs") shall include provisions for the perpetual
and routine maintenance of structural BMPs, private sewer and storm drain facilities
for the purpose of preventing and in such a manner as to prevent the discharge of
non-storm water pollutants to the public storm water conveyance system. The
CC&Rs shall include the requirement to maintain records for the past 10 years of
BMP implementation, inspections, and maintenance activities.
15.
Condition No. 18 of Resolution 2004-377 (pRIVATE SEWER). In satisfaction of
Condition No. 18 of Resolution 2004-377 the Developer agrees that all onsite sewer
laterals shall be privately maintained from each building and/or condo unit to the City
maintained sewer main within Rancho Drive.
16.
Condition No. 19 of Resolution 2004-377 (HOA FUND FOR SEWER). In
satisfaction of Condition No. 19 of Resolution 2004-377, the Developer agrees to
establish a Homeowners Association to fund and oversee a contract for the
maintenance of the onsite private sewer system. The frequency of maintenance of the
sewer system shall be contained in the provisions of the Codes, Covenants and
Restrictions. The City Engineer and Director of Public Works shall approve the
provisions of the CC&Rs regarding the onsite private sewer system.
17.
Condition No. 20 of Resolution 2004.377 (STREETS). In satisfaction of
Condition No. 20 of Resolution 2004-377, the Developer agrees that the street within
the development shall be private.
18.
Condition No. 22 of Resolution 2004.377 (CC&R). In satisfaction of Condition No.
22 of Resolution 2004-377, the Developer agrees to submit CC&R's to the City
Engineer, Director of Planning and Building and City Attorney for approval prior to
approval of the Final Map. Said CC&R's shall include the following:
a. The creation of a Homeowner's Association ("HOA"), which shall, among
other things, be responsible for maintaining all common facilities within the
Project including, but not limited to: walls, fences, water fountains, lightning
structures, paths, trails, access roads, drainage structures, water treatment
facilities, landscaping, trees, streets, parking lots, driveways, and private
sewage and storm drain systems.
b. Language stating that the landscaping shall be maintained by the HOA in a
healthy and thriving condition at all times.
c. Language that defends, indemnifies and holds harmless the City from any
claims, demands, causes of action liability or loss, including claims arising
from the maintenance activities of the HOA.
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4-23
d. The City's right, but not the obligation, to enforce CC&R's.
e. An insurance provision requiring the HOA to maintain a policy of
comprehensive general liability insurance written on a per-occurrence basis in
an amount not less than one million dollars ($1,000,000.00) combined single
limit. The policy shall be acceptable to the City and name the City as
additional insured.
f. A requirement that any revisions to provisions of the CC&Rs that may
particularly affect the City must be approved by the City. Furthermore, the
HOA shall not seek approval from the City of said revisions without the prior
consent of 100 percent of the holders of fIrst mortgages and property owners
- unless, the Director of Planning and Building waives this requirement.
g. A requirement that the HOA shall not seek to be released by the City of any
maintenance obligations without the prior consent of the City and 100 percent
of the holders of first mortgages and property owners - unless, the Director of
Planning and Building waives this requirement.
h. A education and enforcement program to ito prevent the discharge of
pollutants from all on-site sources into the storm water conveyance system.
i. A requirement that the HOA shall maintain, in perpetuity, membership in an
advance notice service/system such as the USA Dig Alert Service and shall
cause any private facilities of the property owner or HOA to be marked out
whenever work is performed in the area.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
19.
Condition No. 23 of Resolution 2004-377 (HOA BUDGET). In satisfaction of
Condition No. 23 of Resolution 2004-377 the Developer agrees to submit a
Homeowners Association budget for review and approval by the City Engineer for
the maintenance of private streets, storm drains and sewage systems. Said budget
shall include the following maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years
b. Sewers must be cleaned once a year with the contingency for emergencies
c. Red curbs/striping must be painted once every three years
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20.
Condition No. 24 of Resolution 2004-377 (Easements). TillS IS AN LORC ITEM
why include this in the SSIA? In satisfaction of Condition No. 24 of Resolution
2004-377 the Developer agrees that all existing easements and irrevocable offers of
dedication shall be shown on the final map. A title report dated within 60 days of
submittal of the final map shall be submitted together with backing documents for all
existing public utility easements and offers of dedication.
21.
Condition No. 25 of Resolution 2004-377 (Indemnification). In satisfaction of
Condition No. 25 of Resolution 2004-377 the Developer agrees to defend, indemnify
and hold harmless the City and its agents, officers, and employees, from any claim,
action or proceeding against the City, or its agents, officers or employees to attack,
set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or employees with
regard to this subdivision provided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition that the City fully cooperates
in the defense.
22.
Condition No. 26 of Resolution 2004-377 (Agreeing to holding City harmless). In
satisfaction of Condition No 26 of Resolution 2004-377 the Developer agrees to
defend, indemnify and hold the City, its agents, employees and officers, harmless from
any claims asserted for property damage, or injuries or death alleged to be related to
erosion, siltation or increase flow of drainage resulting from this project.
23.
Condition No. 27 of Resolution 2004-377 (Cable Television). In satisfaction of
Condition No. 27 of Resolution 2004-377 the Developer shall permit all franchised
cable television companies ("Cable Company") equal opportunity to place conduit
and provide cable television service to each lot within the subdivision. Restrict
access to the conduit to only those franchised cable television companies who are,
and remain in compliance with, all of the terms and conditions of the franchise and
which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as
same may have been, or may from time to time be issued by the City of Chula Vista.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
8
4-25
Developer:
Ralph Giannella
Rancho Coastal, LLC
1010 Turquoise Street, Suite 200
San Diego, CA 92109
A party may change such address for the purpose of this paragraph by giving written
notice of such change to the other party in the manner provided in this paragraph.
24.
Captions. Captions in this Agreement are inserted for convenience of reference and do
not defme, describe or limit the scope or intent of this Agreement or any of its terms.
25.
Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior 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.
26.
Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated equally
in the preparation and/or drafting this Agreement.
27.
Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are
incorporated by reference into this Agreement.
28.
Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable attorney's fees and
court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
(NEXT PAGE IS SIGNATURE PAGE)
9
4-26
[SIGNATURE PAGE FOR SUPPLEJ'vIENTAL SUBDMSION IMPROVEJ'vIENT AGREEJ'vIENT
FOR 321 RANCHO DRIVE, CVT 05-11]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year fIrst herein above set forth.
THE CITY OF CHULA VISTA
By:
Ralph Giannella, for Rancho Coastal, LLC,
as General Partner for California Coastal,
LLC and Trustee of the Ralph Giannella
Living Trust, Manager
/~
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
List of Exhibits:
Exhibit "A" Legal Description
Exhibit "B" Plat of Property
J :\Engineer\PERMITS\EY\EY 429SSIA.doc
10
4-27
EXHIBIT "A"
Legal Description
BEING A SUBDNISION OF PARCEL 2 OF PARCEL MAP NO. 6263, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1977 IN BOOK OF
PARCEL MAPS AT PAGE 6263.
TOGETHER WITH AND EASEMENT FOR INGRESS AND EGRESS, ROAD UTILITIES,
LANDSCAPING AND PURPOSES INCIDENTAL THERETO, OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF LOT 8A OF RANCHO RIOS UNIT NO.8, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCRODING TO MAP THEROF NO. 7878, FILED IN
THE OFFICE OF THE COUNTY RECRODER OF SAN DIEGO COUNTYL YING SOUTHERLY
OF A LINE BEGINNING AT A POINT DISTANT ON THE EASTERLY LINE OF SAID LOT 8A,
227 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT 8A, THENCE
SOUTH 89-12-00 WEST TO AN INTERSECTION WITH RANCHO DRIVE AS SHOWN ON
SAID MAP NO. 7878, AND ALSO OVER, UNDER, ALONG AND ACROSS THAT PORTION
OF LOT 8D OF SAID RANCHO RIOS UNIT NO.8, LYING NORTHERLY OF A LINE
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 8D DISTANT THEREON
256 FEET NORHTERL Y FROM THE SOUTHEAST CORNER OF SAID LOT NO. 8D, THENCE
SOUTH 89-12-00 WEST TO AN INTERSECTION WITH THE EASTERLY LINE OF RANCHO
DRNE AS SHOWN ON SAID MAP NO. 7878.
11
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AS
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 3/14/06
SUBMITTED BY:
Resolution Approving the Final Map of Sunbow Villas,
Chula Vista Tract No. 05-03 and the associated Supplemental
Subdivision Improvement Agreement.
t.-B
Acting Director of Engineering ~ r
City Manager ~ ~ pt?, (4/Sths Vote: Yes_ No~
ITEM TITLE:
REVIEWED BY:
On March 1, 2005 Council approved a Tentative Subdivision Map for Sunbow Villas, a
project consisting of a condominium conversion of 202 multi-family units. Tonight's action
per Government Code Section 66474.1 will allow the [mal map to record, converting the
existing apartments into condominiums.
RECOMMENDATION: That Council adopt the resolution.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Chula Vista Tract No. 5-03, Sunbow Villas, is a 202 unit condominium project on 12.46
acres located in Rancho Del Sur Phase 1, Unit 1, in Sunbow, located at the northeast corner
of the intersection of Medical Center Drive and East Naples Street. All discretionary action
was taken with the approval of the Tentative Map for the project on March 1, 2005 by
Resolution No. 2005-067. Government Code Section 66474.1 states: "A legislative body
shall not deny approval of a final or parcel map if it has previously approved a tentative map
for the proposed subdivision and ifitfinds that the final map or parcel map is in substantial
compliance with the previously approved tentative map."
Tenant Notifications & Relocation Assistance: Under State law, condominium
conversions require notifications to tenants at several stages during the mapping process. In
conformance with State law, two of the required notices were given prior to the public
hearings on the tentative map, and more have been, or will be, given before the tenants must
vacate a unit and that unit is sold. The City received several complaints from current tenants
who believed that they were not being treated fairly by the Developer, Pacifica Sunbow LP,
during the condominium conversion process. One complaint concerned the Developer
evicting tenants before proper notification had been provided (i.e., 180 days before the
requirement to leave). Once staff was made aware of this issue, the Developer was directed
to cease evicting tenants until proper noticing had occurred and the Developer complied.
Based upon documentary evidence provided by the Developer, staff now believes that all
notifications required to this point have been properly served. The requirement for any
5-1
.
Page 2, Item 5
Meeting Date 3/14/06
remaining notices IS included m the associated Supplemental Subdivision Improvement
Agreement.
The tentative map application was filed by another company, CBRE, who offered a tenant
assistance program as part of the tentative map application (see attached letter dated February
2, 2005). That program was included in the conditions of approval for this map. Another
complaint that staff received from the tenants was that the current Developer, Pacifica
Sunbow LP, was not abiding by the approved assistance program. Specifically, the tenants
complained that Developer established an arbitrary date in June for existing tenants to be
eligible to receive a $1,000 relocation payment.
Staff reviewed the original assistance letter with the Developer and it was noted that there
were some ambiguities in the proposed program. For example, the letter offered the
relocation assistance to "eligible tenants in good standing" but did not define what that term
meant. It also did not specify when the relocation would be paid. Staff advised the applicant
that all tenants as of the tentative map approval date (March 2, 2005) were considered
eligible and should have received the assistance. The Developer therefore agreed to provide
the relocation assistance five days before the tenant move out date, and to make a concerted
effort to locate and pay those tenants who had already left without receiving payment. The
Developer has provided additional information documenting the steps they have taken 1) to
provide relocation assistance and purchasing assistance to current tenants, and 2) to find and
notify those tenants that have since left of the availability of assistance that was mistakenly
not provided at the time of their departure (see attached letter and table dated February 1,
2006). Over 75 checks have been sent to those departed tenants.
Given the confusion and concerns created by the Developer during the fmal map preparation
period, Planning staff and the Developer organized an informational meeting with the
remaining tenants on January 12,2006 (see attached meeting agenda). This was one of three
tenant meetings the Developer scheduled to make sure the remaining tenants were fully
aware of the noticing requirements involved with this condominium conversion process and
the assistance the Developer was offering. Some of the tenants were still concerned about
the conversion of the apartment complex and felt the Developer should provide more
assistance than is offered. Staff explained that the City of Chula Vista does not yet have an
ordinance mandating relocation assistance and that amending the ordinance will likely be
included as a goal within the upcoming Housing Element Update. It is possible that some of
these tenants will attend this hearing to express their concerns directly to Council.
Although the Developer made some errors in noticing and assisting tenants since the
tentative map approval in March 2005, staff believes that those mistakes have been rectified
and the final map can be accepted by Council subject to the remaining conditions in the
Supplemental Subdivision Improvement Agreement.
5-2
Page 3, Item 5
Meeting Date 3/14/06
Final Map: The Final Map was reviewed by the City Engineer and the Director of Planning
and found to be in substantial confonuance with the Subdivision Manual and the approved
Tentative Map. The developer, Pacifica Sunbow LP, has paid all applicable fees associated
with the filing of a final map.
In addition to Final Map approval, staff recommends that Council approve the associated
Supplemental and Supplemental Subdivision Improvement Agreement which addresses
several unfulfilled conditions of the Tentative Map approved by Resolution No. 2005-067
and the Zoning Administrators Notice of Decision DRC 05-04. These conditions will remain
in effect until satisfied by the Developer and/or their successors(s). Some provisions of the
Agreement shall remain in effect in perpetuity to be satisfied by the project's homeowner
association under the tenus of the approved Covenants, Codes and Conditions.
FISCAL IMPACT: There is no impact to the General Fund. The Developer has paid all
fees and other costs associated with the proposed Final Map and Agreement.
Attachments:
Attachment I: Plat ofChula Vista Tract 05-03, Sunbow Villas
Attachment 2: Developer's Disclosure Statement
Attachment 3: Developer's Letter & Table Dated February 1,2006
Attachment 4: Agenda for January 12 Tenant Meeting
Attachment 5: CBRE Letter dated February 2, 2005
Exhibit A: Supplemental Subdivision Improvement Agreement
File No. EY-428
J:IEngineerIAGENDAICAS2006\03-14-061A113 for Sunbow V6.doc
5-3
.
ATTACHMENT
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. San Diego Land Surveying
& Engineering, Inc.,
9665 Chesapeake Dr., Suite 445
San Diego, CA 92123
(858 )565-8362
5-4
).
A1TACHMENT ~
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
_Pur ,tir CI ,~I JY\\aOI<! Lv
()\? PI \)~F,;rlMtill \ \(\\/~.&1wv ,,"It, LP.
2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation / partnership) entity.
P~(" SIJf\\oc1w \M.
17f:'\~.n tYj mil" If L\'''+ c\t\.\e,\ Ww 3, Zro'2-
, I
3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
J0 trustor of the trust.
\ on€..,
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
r,~ V;('iVHY\' nll,"- -:),fYl Ne..i \
5. Has any person. associated with this contract had any financial dealings with an official.. of the
City of Chula Vista as it relates to this contract with the past 12 months? Yes _ No V
5-5
.
l
.
City ofChula Vista Disclosure Statement
rfyes, briefly describe the nature of the financial interest the official"" may have in this contract.
t\.\Q
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No v Yes _ rfyes, which Council member?
---
7. ' Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of'
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No v
rfYes, which official" and what was the nature of item provided?
~
Date: B- 5, Or:)
Signature of Contractor/Applicant
ShCLuntl ~n'by\
Print or type name of Contractor/Applicant
*
Person is defmed as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of combination acting as a
unit.
*
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staffmembers.
5-6
MfTAaiMENT 3
~
Suriliow
VILLAS
February 1, 2006
RELOCATION BENEFITS
LETTER
Mr. John Schmitz
Principal Planner
City of Chula VIsta
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Re: SunboW Villas (Relocation Assistance)
750 E. Naples Court
Chula Vista, CA 91911
Dear John,
Sunbow's Relocation Assistance ($1,000) has been sent to 110 tenants to date which indudes past
tenants. In addition, we are in the process of cutting more checks as tenants turn in their notices to
vacate.
We'd like to propose the fonowing Relocation Assistance Guidelines for Sunbow Vinas:
1. All tenants who signed a lease on or before June 23, 2005 and vacated after June 23, 2005 will
receive Relocation Assistance in the amount of $1 ,000 (one thousand' dollars) per unit regardless
oftheir standing.
2. Relocation Assistance check will be made available fIVe days prior to tenant's move-out date. To
ensure a timely issuance of check tenants should turn in their notice to vacate to Luisa Uberto,
Property Manager, with their move-out date and phone number.
'3. All tenants purchasing their unit and transferred to another unit (depending on availabtlity) due to
the renovation of the unit to be purchaSed will be issued a relocation check for $1,000 (one
thousand dollars) per unit in addition to the $3,000 (three thousand dollars) credit towards the unit
they purchase.
All tenants that are current in paying their rent will receive their security deposit back in fun.
With your blessing we would like to send the attached letter titled "Sunbow Relocation Guidelines for
Tenants' to the tenantS informing them of what has been recapped in this letter.
We appreciate your consideration on this matter. If you have any questions, please feel free to contact
me at 619.754.3503 or 619.296.9000 x235
Zit:-
Christie Po
Regional Supervisor
co: Deepak Israni
5-7
sutow
VILLAS
PROPOSED TENANT
LETTER
February 1, 2006
Tenant Name(s)
Address
City State Zip
Dear Resident(s):
In response to your numerous inquiries regarding relocation assistance, we're providing the following
guidelines to help answer any questions you might still have.
Sunbow Relocation Assistance Guidelines:
. All tenants who signed a lease on or before June 23, 2005 and vacated after June 23, 2005 will
receive Relocation Assistance in the amount of $1,000 (one thousand dollars) per unit regardless
of their standing.
. Relocation Assistance check will be made available five days prior to tenanfs move-out date. To
ensure a timely check is issued, tenants should turn in their notice to vacate to Luisa Liberto,
Property Manager, with their move-out date and their phone number.
. All tenants purchasing their unit and transferred to another unit (depending on availability) due to
the renovation of the unit to be purchased will be issued a relocation check for $1,000 (one
thousand dollars) per unit in addition to the $3,000 (three thousand dollars) credit towards the unit
they purchase.
In addition, all tenants that are current in paying their rent will receive their security deposit back in full.
Please feel free to contact, Luisa Liberto, Property Manager, at 619.482.7284 if you have any further
questions.
Sincerely,
Christie Po
Regional Supervisor
5-8
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KITAOOMENT ~
. .Planning & Building
Department
................................................
O!YOf
CHUlA VISrA
..................
January 12, 2006
Sunbow Villas Condo Conversion - Tenant MeetinQ Aqenda
7:00 PM, Sunbow Villas Community Room
1. Introduction by City of Chula Vista
A. Introduction of City Staff
B. Tentative Map requirements
-Conditions of approval
C. Applicant Obligations
-Tentative Map
-Subdivision Map Act
D. Final Map Process
2. Pacifica Companies Presentation
A. Tenant Relocation Assistance information
B. Update on construction
C. Contact information for City of Chula Vista Community Development
Department 619.585.5722 for information on affordable housing
and first-time homebuyer programs
D. Contact information for Sunbow - Luisa Liberto, Property Mgr.
619.482.7284
3. Questions and Answers
5-15
CBRE
ATTACHMENT 2
CB RICHARD ELLIS
Jim Neil
4365 Executive Drive
Suite 900
San D;ego. CA 92121.2127
CB Richerd Ellis, Inc.
Brokerage Services
8586464785 Tel
8585463985 Fax
Fm.neil@cbre.com
www.cbre.com
February 2, 2005
CITY OF CHULA VISTA
Planning & Develapment Department
Alln: Richard E. Zumwalt, Associate Planner
276 Fourth Avenue
Chula Vista, CA 91910
Re: Sunbow Villas - 750 E. Naples
Home Buyer and Relocation Assistance
Dear Richard:
The following is a summary of the tenant benefits that we intend to offer the residents of
Sunbow Villas.
1. All eligible tenants in good standing will receive $1,000 to be used far relocation and
moving expenses.
2. All eligible tenants in good standing will receive their full security depasit back.
3. In the event that a tenant does purchase their unit, they will receive a $3,000' credit
towards the purchase of their unit.
Homebuver Assistance
We intend to provide the tenants with valuable information about the process of buying ond
financing a condominium, so that they can become homeowners. In the past, we have
teamed up with Community HousingWorks, a local non-profit organization that helps first-
time homebuyers to access special loon and grant programs available through the state and
local government. Through their Home Ownership Center they can also help residents with
budgeting and credit repair. We intend to sponsor on and off-site seminars for the residents.
Tenant Relocation Assistance
If a tenant is unable or does not wish to purchase their unit, they will still receive $1,000
for relocation and moving assistance, and will receive their full security deposit back.
Additianally, we will provide the referral list of affordable housing that is generated by the
Community Development department.
If you have any questions, please feel free to contact me at 858-646-4785.
Sincerely,
CB Richard Ellis, Inc.
2)c)W
Jim Neil
5-16
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03 AND THE ASSOCIATED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT.
WHEREAS, the developer, Pacifica Sunbow, LP, a California Limited Partnership, has
submitted a final map for Sunbow Villas; Chula Vista Tract No. 05-03; and
WHEREAS, the developer has executed a Supplemental Subdivision hnprovement
Agreement for installing facilities associated with the projects; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 05-03, Sunbow Villas and
more particularly described as follows:
Lot I ofChula Vista Tract No. 87-8 Rancho Del Sur Phase I Unit 1, in the City ofChula
Vista, County of San Diego, State of California, According to Map thereof No.12060,
filed in the Office of the County Recorder of San Diego County on May 2, 1998.
Area: 12.4590 Acres
Numbered Lots:1
No. of Lots: I
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision hnprovement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk, is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
\
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
5-17
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ktA. Wli!JvL
Dated: ~V\bVt-d/l Cf) ZOOt?
Supplemental Subdivision Improvement Agreement between the City of
Chula Vista and Pacifica Sunbow, LP, by Pac Sunbow, Inc. for
Sunbow Villas Condominium Conversion
5-18
RECORDING REQUEST BY:
Developer
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)
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City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SUNBOW VILLAS CONDOMINUIM CONVERSION
(Conditions: 1,2,4,5,6,7,9,10,12,13,14, IS, 17, 18, 19,21,25,26,27, B, and C (T.M.
Exhibit E) of Resolution No. 2005-067)
This Subdivision Agreement ("Agreement") is made this_day of , 2006, by and
between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the
signators of this Agreement, Pacifica Sunbow LP, a California Limited Partnership, by Pac Sunbow
Inc., a California Corporation ("Developers"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is within approved Tentative Subdivision Map Chula Vista Tract No. 05-03, and for the
purpose of general description herein consists of 12.46 acres located at 750 East Naples Court
("Project Site"). The Property is part of Sun bow II, Chula Vista Tract No. 05-03, a master planned
development. For purposes of this Agreement the term "project" shall also mean "Property".
5-;1
B. Developer applied to the City of Chula Vista Planning Commission for consideration of a
Tentative Map of the Property and obtained recommendation for processing PCS 05-03 to subdivide
the Property into a one-lot condominium with 202 units on February 9, 2005.
C. The City Council of the City of Chula Vista approved a Tentative Subdivision Map and
established conditions of approval for the Project on March I, 2005 by Resolution 2005-067
("Resolution").
D. The City of Chula Zoning Administrator approved the application to approve exterior
modifications to the structures located on the Property, and issued Notice of Decision DRC-05-04
(Exhibit B "Notice of Decision") on June 6 of2005.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as Sunbow Villas located at 750 East Naples as being in
substantial conformance with the Tentative Subdivision Map described in this Agreement.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
Sunbow Villas.
2. "Owner or Developer" means the person, persons or entity having a legal or
an equitable interest in the property or parts thereof and includes Owner's
successors-in-interest and its assignees of any property within the boundaries
ofthe map. This includes Pac Sunbow Inc. a California Corporation, and any
and all owners ofreal property within the boundaries of the Property.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with 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. 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
2
5-2D
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether 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.
c. Developer Release on Assignment to Homeowner Association. If Developer
assigns any portion of the Project to a Homeowner Association ("HON'), Developer may request to
be released from Developer's obligations under this Agreement, that are expressly assumed by the
HOA. Developer must obtain the written consent of the City to such release. Such assignment to the
HOA shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a
covenant running with the land. The City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of the Agreement runs with the land,
assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction ofthe City and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will not be completed or satisfied as intended by the conditions contained herein.
1. Condition No.1 - (General Preliminary). In satisfaction of Condition No. I of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of
the Developer as to any or all of the Property.
2. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply, remain in compliance and implement, the terms, conditions
and provisions, as are applicable to the property which is the subject matter of this Tentative
Subdivision Map, including: conditions of approval, Exhibit "C"- property condition assessment
report, housing inspection requirements, as recommended for approval by the City Council on March
1,2005, and DRC 05-04 as approved by the Zoning Administrator on June 6, 2005. The Applicant
shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision
Improvement Agreement) with the City, providing the City with such security (including recordation
of covenants running with the land) and implementation procedures as the City may require to ensure
compliance with the above regulatory documents. Said Agreement shall also ensure that, after
approval of the final map, the Applicant and his/her successors in interest will continue to comply,
remain in compliance, and implement such Plans.
3
5-21
3. Condition No. 4 (tenants notification). In satisfaction of Condition No. 4 of the
Resolution, Developer agrees to comply with all applicable noticing requirements in California
Government Code section 66427. The Developer further agrees that, after the following City of
Chula Vista notices have been completed, to submit evidence that noticing forms have been
delivered to the existing and prospective tenants, to the satisfaction of the Director of Planning and
Building:
a. 10-day Notice to all existing tenants of Final Map approval- '"Form D".
b. Notice to all prospective tenants of option to purchase/termination of tenancy -
'''Form E".
4. Condition No.5 (Housing Code). In satisfaction of Condition No. 5 of the Resolution, the
Developer agrees to remain in compliance with the California Health and Safety Code and Uniform
Housing Code to the satisfaction of the Director of Planning and Building.
5. Condition No.6 (Fire Protection). In satisfaction of Condition No.6 of the Resolution,
the Developer agrees that prior to final inspection of any condominium unit in a detached structure
containing multiple condominium units, provide in that structure type 2A-lOBC fire extinguishers
every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula
Vista Fire Department.
6. Condition No.7 (Fire Code). In satisfaction of Condition No.7 of the Resolution, the
Developer shall submit plans and information to the satisfaction of the Fire Marshall demonstrating
that the proposed condominium units meet current California Fire Code, including but not limited to
fire access, water supply, sprinkler systems, and fire alarms.
7. Condition No. 9- (Underground Utilities). In satisfaction of Condition No.9 of the
Resolution, Developer agrees that all existing utilities serving the subject property and existing
utilities located within or adjacent to and serving the subject property shall be placed underground in
accordance with the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject
property shall be placed underground prior to the issuance of building permits.
8. Condition No. 10 - (City Attorney Agreements). In satisfaction of Condition No.1 0 of
the Resolution, the Developer agrees that any and all agreements that the Applicant is required to
enter into hereunder shall be in a form approved by the City Attorney.
9. Condition No. 12 - (Recycling and Solid Waste Management Plan). In satisfaction of
Condition No. 12 of the Resolution, Developer agrees to comply with requirements of the approved
'"Sunbow Villas Recycling and Solid Waste Management Plan" to the satisfaction of the City's
Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply
with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State
mandate to reduce or divert at least 50 percent ofthe waste generated by all residential, commercial
and industrial developments. The applicant shall contract with the City's franchise hauler throughout
4
5-22
the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure
re-design required for compliance with the City's NPDES permit.
10. Condition No. 13- (Storage Agreement). In satisfaction of Condition No. 13 of the
Resolution, Developer agrees to construct the storage areas in compliance with the Revised Storage
Analysis dated January 25,2006.
11. Condition No. 14- (Private Drainage Facilities). In satisfaction of Condition No. 14 of
the Resolution, Developer agrees that all onsite drainage facilities shall be private.
12. Condition No. 15- (Installation of Water Treatment Units). In satisfaction of Condition
No. IS of the Resolution, within 180 of the approval of the final map for this project, Developer
agrees to complete the installation of all water treatment units as described in the approved Water
Quality Technical Report dated January 6, 2006, and as bonded by the amount described in Exhibit
D.
13. Condition No. 17 - (NPDES Compliance). In satisfaction of Condition No. 17, the
Developer agrees that within six months after the approval date of the final map to fully complete the
installation of NPDES best management practices CBMPs") requirements to reduce the amount of
pollutants entering the City's storm water conveyance system which shall include but not limited to
the installation of96 feet of 8" PVC storm drain pipe, 24 feet of trench drain 12" wide, ten parking
area fossil filter inserts, one curb inlet insert, one Dual Vortex Hydrodynamic Separator 48", one
Dual Vortex Hydrodynamic Separator 72", five pet waste stations, reproofing of eight trash
enclosure, in addition the Developer shall complete the following:
a. The Developer shall erect signs near storm drain inlets and public access point along
channels and creeks; shall install efficient irrigation systems and landscape design; shall
employ integrated pest management principles; and shall create and implement
inspection and maintenance programs for the storm water treatment control BMPs and
the private sewer lines.
b. Developer shall provide storm drain system stenciling and signage; more specifically:
1. Developer shall provide and maintain stenciling or labeling near all storm
drain inlets and catch basins.
11. Developer shall post and maintain City-approved signs with language and/or
graphical icons that prohibit illegal dumping at public access points along
channels and creeks.
c. Developer shall install and use efficient irrigation systems and landscape design; more
specifically:
5
5-23
1. Developer shall employ rain shutoff devices to prevent irrigation after
precipitation and shall adjust irrigation systems to each landscape area's
specific water requirements.
11 Developer shall use flow reducers or shutoff valves triggered by a pressure
drop to control water loss in the event of broken sprinkler heads or lines.
111. Developer shall employ other comparable, equally effective, methods to
reduce irrigation water runoff.
d. Developer shall employ integrated pest management principles. More specifically, the
Developer shall eliminate and/or reduce the need for pesticide use by implementing
Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-
adapted plant varieties such as native plants; (2) discouraging pests in the landscaping
design; (3) distributing IPM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of buildings
and landscaping using barriers, screens, and caulking; physical pest elimination
techniques, such as, weeding, squashing, trapping, washing, or pruning out pests;
relying on natural enemies to eat pests; and, proper use of pesticides as a last line of
defense.
e. Developer shall educate the Homeowners Association, through Property Management,
during the regular Homeowners Association meetings, and shall inform residents during
the condo purchasing process about the City's non-storm water and pollutant discharge
prohibitions. This goal can be achieved by distributing informative brochures (some
available free from the City ofChula Vista) to new home buyers and dedicating sections
of newsletters to storm water quality issues, as applicable.
14. Condition No. 18- (Private Sewer System). In satisfaction of Condition No. 18 of the
Resolution, Developer agrees that the onsite sewer system shall be private. All sewer laterals shall
be privately maintained from each building and/or condo unit to the City maintained public sewer
main within East Naples Court.
15. Condition No. 19- (Private Street). In satisfaction of Condition No. 19 of the Resolution,
Developer agrees that the street within the development shall be private.
16. Condition No. 21- (CC&R). In satisfaction of Condition No. 21 of the Resolution,
Developer agrees to remain in compliance with the Codes, Covenants, and Restrictions CCC&Rs")
to the satisfaction of City Engineer, Director of Planning and Building, Director of Public Works,
and Fire Marshall. The CC&Rs shall include the following:
a. The creation of a Homeowner's Association CHOA"), which shall, among other things,
6
C)-2Lj
be responsible for maintaining all common facilities within the Project including, but
not limited to: walls, fences, water fountains, lightning structures, fire sprinklers and
alarm systems, paths, trails, access roads, drainage structures, water treatment facilities,
landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain
systems.
b. Language stating that the landscaping shall be maintained by the HOA in a healthy and
thriving condition at all times.
c. Language that defends, indemnifies and holds harmless the City, and its agents, officers
and employees, from and against any claims, demands, causes of action liability or loss,
including claims arising from the maintenance activities of the HOA, including but not
limited to private sewer spillage.
d. The City's right, but not the obligation, to enforce CC&Rs.
e. An insurance provision requiring the HOA to 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. The policy shall be acceptable
to the City and name the City as additional insured.
f. A requirement that City must approve any revisions to provisions of the CC&Rs that
may particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of first mortgages and one-hundred percent (100%) of the property owners -
unless, the Director of Planning and Building, in his or her sole discretion, waives this
requirement.
g. A requirement that the HOA shall not seek to be released by the City of any
maintenance obligations without the prior consent of the City and one-hundred percent
(100%) of the holders of first mortgages and one-hundred percent (100%) of the
property owners - unless, the Director of Planning and Building, in his or her sole
discretion, waives this requirement.
h. An education and enforcement program to prevent the discharge of pollutants from all
on-site sources into the storm water conveyance system.
1. A requirement that the HOA shall maintain, in perpetuity, membership in an advance
notice service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is performed
in the area.
7
'0-25
J. NPDES provisions for the perpetual and routine maintenance of structural BMPs,
private sewer and storm drain facilities for the purpose of preventing and in such a
manner as to prevent the discharge of non-storm water pollutants to the public storm
water conveyance system. The CC&Rs shall include the requirement to maintain
records for the past 10 years of BMP implementation, inspections, and maintenance
activities.
k. A requirement that the HOA shall fund and oversee a contract for the maintenance of
the onsite private sewer system. The frequency of maintenance of the sewer system
shall be contained in the provisions of the Codes, Covenants and Restrictions. The City
Engineer and Director of Public Works shall approve the provisions of the CC&Rs
regarding the onsite private sewer system.
1. A Trash and Recycling program that shall be incorporated into the project CC&Rs to the
satisfaction of the City's Conservation Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
n. A requirement that fire service lateral and water supply to buildings must be maintained
and operational at all times to the satisfaction of the Fire Marshall.
17. Condition No. 25- (Hold Harmless). In satisfaction of Condition No. 25 of the
Resolution, Developer agrees to the following:
a. Defend, indemnify and hold harmless the City and its agents, officers, and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees
to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees
with regard to this subdivision pursuant to Section 66499.37 of the State Map Act
provided the City promptly notifies the subdivider of any claim, action or proceeding and
on the further condition that the City fully cooperates in the defense.
b. Defend, indemnify and hold the City, its agents, officers and employees, harmless from
any liability for erosion, siltation or increased flow of drainage resulting from this project
and spillage of sewage generated by the project onto adjacent public or private streets or
into offsite storm water conveyance systems.
c. Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
d. Implement and sustain in perpetuity, a source control storm water quality management
program as outlined in the Water Quality Technical Report.
18. Condition No. 26- (Erosion and Siltation). In satisfaction of Condition No. 26 of the
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Resolution, Developer agrees to defend, indemnify and hold the City, or its agents, officers or
employees harmless from any claim or liability for erosion, siltation or increase flow of drainage
resulting from this project.
19. Condition No. 27- (Equal Opportunity to Franchised Companies). In satisfaction of
Condition No. 27 of the Resolution, Developer agrees to permit all franchised cable television
companies ("Cable Company") equal opportunity to place conduit and provide cable television
service to each lot within the subdivision. Restrict access to the conduit to only those franchised
cable television companies who are, and remain in compliance with, all of the terms and conditions
ofthe franchise and which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
20. Condition No. B (Building Code Compliance). In partial satisfaction of Condition No.
B of the Resolution, Developer agrees that the following Conditions of Approval shall be satisfied
prior to Final Inspection unless otherwise noted:
a) Developer shall obtain approval of a building permit for the pool/sales office
building, showing remodel of the adjacent condominium unit.
b) Developer shall submit evidence demonstrating compliance with the Tentative Map
condition B-2, regarding tenants relocation assistance for residents. Tenants eligible
for relocation assistance are defined to include among others, those tenants who have
a valid lease agreement on or before March I, 2005, and are not delinquent on their
rent payments as of the date of their move-out. Relocation benefits must be paid no
later than 5 days prior to move-out. In addition, any resident who rented an
apartment after March 1, 2005, and was not notified per State of California
requirements of the pending condominium conversion shall be entitled to relocation
assistance of $1,000. The Developer shall also comply the following additional
relocation assistance guidelines:
1- All tenants who signed a lease on or before June 23, 2005 and vacated after
June 23, 2005, shall receive Relocation Assistance in the amount of$I,OOO
(one thousand dollars) per unit;
2- Relocation Assistance checks shall be made available five days prior to
tenant's move-out date. To ensure timely issuance of checks, tenants should
turn in their notice to vacate to Luisa Liberto, Property Manager, with their
move-out date and phone number.
3 - All tenants purchasing their unit and transferred to another unit (depending
on availability) due to the renovation of the unit to be purchased shall be
9
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issued a relocation check for $1,000 (one thousand dollars) per unit in
addition to the $3,000 (three thousand dollars) credit towards the unit they
purchase.
4- All tenants that are current in paying their rent shall receive their security
deposit back in full.
c) All outdoor lighting shall meet the protective current lighting standards ofthe current
Uniform Building Code.
d) Prior to final inspection of any condominium unit in a detached structure containing
multiple condominium units, Developer shall ensure that the Project's exterior
. upgrades for that structure are constructed in accordance with the approved DRC-05-
04 design review permit.
e) Developer shall ensure that all walls and ceilings shall meet the current Uniform
Building Code standards to the satisfaction ofthe City Building Official and Director
of Planning and Building regarding fire and sound attenuation between airspaces of
the condominium units,
f) Developer shall install additional storage in compliance with findings of the Revised
Storage Analysis dated January 25, 2006, to the satisfaction of the Director of
Planning and Building and Chula Vista Police Department as described below. If
required by the California Building Code, the Developer shall obtain building permits
if necessary for the installation of the required storage. For work not requiring a
building permit, submit evidence or obtain an inspection to the satisfaction of the
Director of Planning and Building that the required storage has been installed, prior
to the close of escrow of each unit. The additional work shall include:
i. Plan A -First and Second Floor:
Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the Current hot water heater with a Noritz tankless water heater or
approved equal. Incorporate the top portion of the coat closet with the patio
closet.
Total storage area: 197 cu. ft.
11. Plan B - First Floor with Outside Storage Locker:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with N oritz tankless water heater.
10
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or approved equal
Total storage area: 148 cu. ft.
111. Plan B - First Floor without outside storage locker and Second Floor:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with N oritz tankless water heater or
approved equal.
Extend the coat closet and improve it with shelving.
Total storage area: 163 cu. ft.
IV. Plan C -First and Second Floor:
Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with Noritz tankless Water Heater or
approved equal.
Incorporate the coat closet with the patio closet.
Total storage area: 203 cu. ft.
21. Condition No. C (Housing Inspection Requirements). In partial satisfaction of
Condition No. C of the Resolution, Developer agrees that prior to Final Inspection to obtain building
permits approval for the following:
a. Property Condition Assessment Report - Repairs required prior to Final Map
Approval:
I. Repair automobile fire damaged carport in front of 720 building
2. Repair dry rot noted on the wood stringer of the stairs accessing unit 273.
b. Physical Elements Report - Developer shall complete repairs required prior to Final
Inspection or Occupancy of applicable Condominium Units, whichever occurs first:
1. Repairlreplace malfunctioning windows and doors.
2. Repair/replace any water damaged building elements and materials,
including the stairs, landings, and balconies.
3. Repair/replace the heating units.
4. Repair/replace the hot water heaters.
5. Repair isolated cracking and alligatoring were noted on the asphalt paved.
driveway and parking lots. Following repair, seal-coat and re-stripe the
pavement.
6. Fill bare areas with materials that are comparable to the existing plants and
11
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adjust the irrigation system accordingly. Reset the sprinkler heads for
proper spraying of irrigation water to avoid staining the exterior walls.
7. Re-plaster the surfaces ofthe swimming pool and spa.
8. Up-grade the surrounding concrete decks around the swimming pool and
spa.
9. Paint exterior walls of the buildings, carports, property fences, and metal
fence around the swimming pool and spa.
10. Plant ground cover to stabilize the currently bare slope above the retaining
wall along the southern boundary of the site. Also provide timer irrigation
system accordingly.
c. The Project's interior upgrades may include replacing kitchen and bathroom
. hardware, flooring, counters, sinks, faucets, light fixtures, refrigerators, and shower
heads in accordance with the Property Condition Assessment Report.
22. 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, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of 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 (10) 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 within a reasonable and diligent time frame.
23. Special Taxes and Assessments. The Developer agrees to ensure that prospective
purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section
5.46.020 regarding projected taxes and assessments.
24. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes partial or full satisfaction of Developer's obligation of Conditions: I, 2, 4, 5, 6, 7, 9, 10,
12, 13, 14, 15, 17, 18, 19,21,25,26,27, B, and C (T.M. Exhibit C).
25. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Notice of Decision, and
shall remain in compliance with and implement the terms, conditions and provisions therein.
26. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
27. Miscellaneous.
12
5" -3('
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 U.S. 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.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Pacifica Companies LLC
1785 Hancock Street, Suite 100
San Diego, CA 92110
Attn: Deepak Israni
With a copy to:
CBRE CB Richard Ellis.
44365 Executive Drive, Suite 900
San Diego, CA 92121
Attn: Shira Stern
With a copy to:
Thomas P. Saver, Jr., Esq.
9974 Scripps Ranch Blvd., #284
San Diego, CA 92131
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior 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.
d. Preparation of Agreement. No inference, assumption or presumption shall be
13
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drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignability. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement.
. g. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
h. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
14
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S---"t.--
[PAGE ONE OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT FOR
SUNBOW VILLAS CONDOMINUlM CONVERSION]
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Fonn:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT FOR
SUNBOW VILLAS CONDOMINUIM CONVERSION]
DEVELOPER/OWNER:
Pacifica Sunbow LP,
a California Limited Partnership
By: PAC Sunbow Inc.,
a California Corporation
,.--
By:
DATED: Marc~ '?5 ,2006
(A TT ACH NOTARY ACKNOWLEDGMENTS)
5 -3'1
ACKNOWLEDGMENT
State of California 0 .
County ok~ " 'iI1'1. 0
On cJ&-lfllf/nt.. before me, DA(IJ/I.( \'Y18ummHR I~O+AR.,\ ~uhl~,
. (here insert name and title of the officer)
personally appeared {),~F,pft k ISR /TN-I'
personally known to me (or ",r15.cd tv '"" VII tI,e 66:3i:3 of 3!1ti3fa.:tol') e";r!"nG€) 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 theperson(s) acted, executed the instrument.
WITNESS my hand and official seal.
S;g"""~ ~ aillJ 1lJ11!!111 A
!@."'DAWNM'HUMMER f
(J COMM. #1390148
<II .:. NOTARY PUBUC,CALIFORNIA 1;1
C; ~. SAN DieGO COUNTY 0
I My Commission Expires ~
JANUARY 12, ?DD7 I
(Seal)
- :2
I.j - ".6
CORPORATE CERTIFICATE
I, Deepak Israni, hereby certify that I am now, and at all times mentioned herein
have been, the duly elected, qualified, and acting Secretary of PAC Sunbow Inc. (the
"Corporation"), a corporation duly organized and validly existing under the laws of the
State of California, and, as such officer, I have access to the records of the Corporation,
which records of the Corporation reflect that:
1. Incumbency. The following named individuals are duly ejected, qualified and
acting officers of the Corporation holding the offices set forth opposite their respective
names as of the date hereof.
Name
Title
Ashok Israni President
Deepak Israni Secretary
2. Resolutions. The resolutions attached as ANNEX I have been duly adopted
by the unanimous written consent of the members of the Board of Directors of the
Corporation, none of such resolutions have been amended, modified, or repealed in any
respect, and all of such resolutions are in full force and effect on the date hereof.
3. IN WITNESS WHEREOF, I have duly xecuted this ertific te on the date
set forth below.
Dated: January 16, 2006
Page 1
6.3'-
ANNEX 1
WI-fEREAS, this Corporation is the General Partner of Pacifica Sunbow LP, a California
Limited Partnership ("Partnership");
WHEREAS, the President or the Secretary of the Corporation, acting
individually, be and each of them hereby is individually authorized and directed to
execute and deliver or accept delivery of, as appropriate, any and all documents
necessary for completon of the Final Map from the City Land Surveyor, City of Chula
Vista, all in the name and on behalf of the Corporation acting in its capacity,with such
changes in any such documents as are approved by the President or Secretary executing
such documents, his execution or acceptance of delivery thereof to be conclusive
evidence of such approval.
FURTHER RESOLVED, that any act or acts of the Corporation and of any person or
persons designated and authorized to act by the Corporation, which acts would have
been authorized by the foregoing resolutions, except that such acts were taken prior to
the adoption of such resolutions, be, and they hereby are, severally ratified, confirmed,
approved and adopted in all respects as acts in the name and on behalf of the
Corporation.
Page 2
S-3?
List of Exhibits
Exhibit A
Legal Description of Property
Exhibit B
DRC 05-04 Notice of Decision
Conditions of Approval
Exhibit C
Property Condition Assessment
Report and Housing Inspection
Requirements
Exhibit D
Performance Bonds
Exhibit E
Resolution No. 2005-067
S-3g
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot I ofChula Vista Tract No. 87-8 Rancho Del Sur Phase I Unit I, in the City ofChula Vista,
County of San Diego, State of California, According to Map thereof No. 12060, filed in the
Office of the County Recorder of San Diego County, May 2, 1998.
S-3CJ
EXHIBIT B
CONDITIONS OF
NOnCE OF DECISION
DRC-05-04
Approval ofDRC-05-04 is conditioned upon the following:
I. Prior to the issuance of any permits for improvements or modifications, the following
conditions shall be satisfied:
A. Prior to the issuance of any permits required by the City Of Chula Vista for the use the
subject property in reliance on this approval, the Applicant/Representative and Property
Owner shall execute this document by making a true copy of this letter of conditional
approval and signing both this original Notice of Decision and the copy on the lines provided
below, said execution indicating that the Applicant/Representative and Property Owner have
each read, understood and agreed to the conditions contained herein, and will implement
same. Upon execution, the true copy with original signatures shall be returned to the Project
Planner in the Planning and Building Department. Failure to return the signed true copy of
this document within 30 days of the effective date herein shall indicate the
Applicant/Representative and Property Owner's desire that the project, and corresponding
application for building/grading permits and/or business license, be held in abeyance without
approval.
B. This Design Review approval is subject to the conditions of approval outlined for the
Tentative Subdivision Map (PCS-05-03), which are attached to this Notice of Decision (see
Attachment "A", PCS-05-03 Conditions of Approval).
C. Submit CC&R's for review and approval showing that the HOA will be responsible for
regularly maintaining all common areas on the site including landscaping, playground,
barbeque, swimming pool, clubhouse and laundry facilities.
D. Submit a phasing plan showing the sequence of construction/remodeling and conversion of
the project site to condominiums.
II. Prior to the final inspection or occupancy of the each condominium building, the
following conditions shall be satisfied:
A. Repair, seal-coat and re-stripe the asphalt paved driveway and parking lot. Parking lot re-
striping and design shall comply with applicable zoning and handicapped accessibility
requirements. Standard and handicapped parking spaces shall not be re-located except upon
written approval by the Director of Planning and Building.
B. The applicant shall paint buildings with the approved colors per color/materials samples on
file with the Department of Planning and Building, using Sinclair, Dunn-Edwards, or Frazee,
C).llo
or approved equal, as follows:
"Sunbow Beige":
"Sunbow Chocolate":
"Sunbow Rails":
Base stucco.
Trim.
Roof tiles, railing, exterior mechanical equipment, piping,
conduits, ducts, and vents.
C. Design of the exterior of any modified improvements, including but not limited to repairing
and re-painting exterior surfaces of the buildings, carports, trash enclosures, balconies,
fencing, and storage closets, shall match the color and materials of the exterior finish ofthe
adjacent building.
D. Re-fresh the existing landscaping and recreation areas to the extent feasible, including
maintenance of existing planting and irrigation, replacement of dead or dying plants,
maintenance of existing balconies, patios, playground, pool, and barbeque and picnic
facilities in a manner that complies the City Design Manual and Landscape Manual, and the
previously-approved landscape plan. Any significant re-design of the existing landscaping or
recreational amenities will require submittal and approval of a new landscape plan prior to
final inspection of the first residential unit.
J:\Engineer\LANDDEV\Projects\Miscellaneous Projects\Sunbow Villas Condo Conversion\Subdivision Agreement Sunbow
Villas.doc
S-'II
EXHIB\I 'C:
RESOLUTION NO. 2005-067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE
INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT
FOR A ONE-LOT CONDOMINTIJM CONTAINING 202
RESIDENTIAL UNITS (SCHOEPFLIN INVESTMENT
COMPANY/SUNBOW CORPORATION)
1. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a tentative subdivision map was filed
on August 13, 2004, with the City of ChuJa Vista Planning and Building Department by
the Schoepflin Investment Co. ("Applicant") requesting approval of a tentative
subdivision map to convert 202 apartment units into individually owned condominiums
("Project"); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A", copies of which are on file in the Office of
the City Clerk, incorporated herein by reference, and commonly known as Chula Vista
Tract No. 05-03, tentative subdivision map, and for the purpose of general description
herein consists of 12.46 acres located at 750 East Naples Court ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the fOllowing
discretionary approvals and recommendations: 1) Planning Commission recommendation
of approval of PCS-05-03, tentative subdivision map for a 202-unit condominium
conversion on February 23, 2005; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 23,2005, and after hearing staff's presentation and public testimony
voted 5-0-0 to recommend that the City Council approve the Project, in accordance with
the fmdings and subject to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the
Project's tentative subdivision map application; and notice of said hearing, together with
its purpose, was given by its publication in a newspaper of general circulation in the City,
its mailing to property owners within 500 feet of the exterior boundary of the project and
its mailing to the current tenants residing at 750 East Naples Court, at least 10 days prior
to the hearing; and
5-'12
Resolution 2005-067
Page 2
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on March 1,2005, in the Council Chambers, 276 Fourth
Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby fmd,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project held on February 23, 2005, and the minutes and resolution resulting
there from, are hereby incorporated into the record ofthis proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section
15301 of the State CEQA Guidelines. Thus no further environmental review or documentation
is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the Project qualifies for a Class I
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State California
Environmental Quality (CEQA) Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council fmds that the tentative subdivision map, as conditioned herein for 750 East
Naples Court, is in conformance with the elements of the City's General Plan, based on
the following:
l. Land Use
It is the City's goal to accommodate diversified housing types. The site is
designated Residential-Medium, and was previously developed at a density of
16.2 dulac, which is consistent with the General Plan. Thus, the Project, as
conditioned, is in substantial compliance with the adopted General Plan.
2. Circulation
All on-site and off. site public streets required to serve the subdivision
currently exist. No street improvements are required.
3. Housin~
The Project is consistent with the density prescribed within the General
Plan and provides attached condominium units for individual ownership. The
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Resolution 2005-067
Page 3
conversion of 202 apartment units to 202 condominium units creates additional
opportunities for residential ownership.
4. Open Space
The Project includes adequate, existing on-site open space areas as weU as
a swimming pool and tot lot for resident use.
5. Safety
The City Engineer, Fire and Police Departments have reviewed the
proposed subdivision for conformance with City safety policies and have
determined tha~ the proposal meets the City Standards for seismic safety and
emergency se!V1ces.
B. . The configuration, orientation and topography of the site allow for a feasible
setting for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
C. The site is physically suited for residential development and the proposal
conforms to all standards established by the City for such project.
D. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL
ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA
MUlCIPAL CODE
Pursuant to Chapter IS .56, Conversion of Dwelling Units to Independent Ownerslrip, the
City Council finds that the project meets the foUowing:
A. Fire Protection: The City Council concurs with the Fire Marshall determination
that the project as conditioned will be in substantial conformance with current fire
protection standards.
B. Uniform Building Code: City Council concurs with the Building Division of the
Planning and Building Department's determination that the "Property Condition
Assessment Report" dated October 7, 2004, prepared by JCEPIHuang Consulting
Engineers, Inc., adequately addresses compliance with the Building Code if applicable
permits are submitted and approved and the recommended improvements set forth in the
report are constructed or put in place.
C. Storage: Section 15.56.020 requires minimum storage area for each unit. The
complex contains units with one and two bedrooms, wlrich require 150 and 200 cubic feet
of storage area, respectively. The Applicant proposes to provide less storage space than
required due to site and structural constraints.
The project is conditioned to install required storage in accordance with the revised
storage analysis dated February 2, 2005, prior to final inspection of the condominium units.
5 -- '-I '-I
Resolution 2005-067
Page 4
The applicant will provide storage space in existing storage closets under stairwells and
in patios, by remodeling coat and patio storage closets, and will improve the storage space in all
the existing laundry closets by adding shelves and replacing the water heaters with tankless water
heaters. The revised storage analysis detennined that the Plan A will contain 197 cubic feet (a 3
cubic foot shortage); the Plan B fIrst floor units with outside storage locker will provide 148
cubic feet (a 2 cubic foot shortage), the Plan B fIrst floor units without an outside storage locker
and second floor units will contain 160 cubic feet; and the Plan C will contain 203 cubic feet.
Section 15.56.070 allows for exceptions to the storage requirements based upon overall
project acceptability. In accordance with the recommendation of the Planning Commission, the
City Council hereby fmds that the merits of the project warrant the granting of exception to the
project from the City's storage requirements based upon the City's desire to provide alternative
entry-level homeowner opportunities in the project location, the project's overall conformance
with the City's General Plan, ordinances, and policies, and its conformity with the average
storage space requirements for a majority of the 202 units. Strict compliance with Section
15.56.020 would require signifIcant modifIcations to the units and would unduly raise the price
of this housing that is inconsistent with the City's desire to provide cost effective housing.
Council fInds that an exception can be made because the Plan A units requiring an exception
provide 98.5% of the required storage, and the Plan B units requiring an exception provide
98.7% of the required storage.
D. Housing Code: The Project has completed its inspection corrected any violations,
and complies with housing code requirements.
E. Protective Lighting Standards: A lighting plan has been submitted and reviewed.
The project has been conditioned to maintain the protective lighting standards of the
Uniform Housing Code.
F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each t
wo-bedroom unit and 1.5 spaces for each 1 bedroom unit, for a total parking requirement
of 370 spaces for this project. The Project provides 373 off-street parking spaces for resident
and guest use, including carports and open parking stalls.
G. Design Guidelines: Generally, the design of the building and its surrounding area
are adequate. The Applicant does not propose signifIcant exterior structural changes to
the existing buildings, but intends to upgrade the building's external appearance, refresh
landscaping, re-paint certain exterior surfaces, and re-surfacing and re-striping the
parking lot. Accordingly, the Applicant shall apply for and obtain Design Review
approval pursuant to CYMC Sections 19.14.582 (Design Review Committee, Duties and
Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose
- Prerequisite for Certain Uses).
H. Separate Service Meters: Each unit is individually metered for gas and electric
service. A Homeowners Association will be responsible for the water and sewer service
utility meters. The Applicant shall provide written evidence how this will be satisfIed.
I. Housing Department Compliance Survey: The Project has completed a housing
inspection, and has performed all corrections listed in the Apartment Inspection Report
J. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with the Final Map.
G- '16
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Resolution 2005-067
Page 5
K. Open Space: CDmmon Open Space: SectiDn 19.28.090 requires 400
square feet of commDn usable Dpen space per unit; therefore, the project must provide a
minimum of 80,400 square feet of Dpen space. The existing open space includes a
swimming pODI and tot lot, and approximately 265,979 square feet Df total landscaped
open space area.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
NDticinlZ DocumentatiDn
GDvernment Code Sections 66451.3 and 66452.5 requires notification of a tenant's right
to a public hearing. The City Df Chula Vista provided nDtices to tenants and surrDunding
property owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time Df submittal of the yentative Map, which includes a
60-day "Notice DfIntent to Convert", and a "Notice tD Prospective Tenants ofIntent to Convert".
BE IT FURTHER RESOLVED that the City Council does hereby approve tentative
subdivision map, ChuIa Vista Tract ND. 05-03 as represented in Exhibit "B" subject tD the
general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
A. PrDject Site is ImprDved with Project
The Applicant, or his/her successors in interest, shall improve the PrDject Site
with the PrDject as described in the tentative subdivision map, Chula Vista Tract No. 05-
03,750 East Naples Court.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with all
applicable City Df ChuIa Vista Design Guidelines and in accDrdance with DRC 05-04
pending apprDval by the Zoning AdministratDr.
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement
herein contained is apprDximately proportional both tD nature and extent of impact
created by the prDposed development. Unless otherwise specified, all conditiDns and
code requirements listed below and in Exhibit C shall be fully completed by the applicant
or successor-in-interest tD the City's satisfaction prior tD apprDval of the final map, unless
Dtherwise specified:
GENERAL / PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be
binding upon and inure tD the benefit of the heirs, succeSSDrs, assigns and
representatives of the Applicant as to any Dr all of the prDperty.
2. Applicant and his/her successors in interest shall, comply, remain in
compliance and implement, the terms, ccnditions and provisions, as are applicable
6- 1..( ~
Resolution 2005-067
Page 6
to the property which is the subject matter of this tentative subdivision map and as
recommended for approval by the Planning Commission on February 23, 2005,
and DRC 05-04, pending approval by the Zoning Administrator. The Applicant
shall enter into an agreement (Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement) with the City, providing the
City with such security (including recordation of covenants running with the land)
and implementation procedures as the City may require compliance with the
above regulatory documents. Said Agreement shaH also ensure that, after
approval of the final map, the Applicant and hislher Successors in interest will
continue to comply, remain in compliance, and implement such Plans.
3. Applicant shall schedule a meeting with the current tenants to present
alternative rental housing opportunities and assistance in relocation in conjunction
with the presentation of the schedule for the phasing of the conversion of the
apartments to condominiums prior to final map approval.
4. Prior to recordation of the final map, the Applicant shall submit evidence
that the following City of Chula Vista noticing forms have been delivered to the
existing and prospective tenants, or a schedule detailing required future
notifications:
a. 10-day notice to all existing tenants of an application of a Public Report
- "Form C" (If submitted to State Dept. of Real Estate prior to final map
approval).
b. I D-day Notice to all existing tenants of final map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of
tenancy - "Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination
of tenancy - "Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of
tenancy - "Form G".
5. Prior to final inspection of any condominium unit in a detached structure
multiple condominium units, correct Ca. Health and Safety Code and Uniform
Housing Code violations specified in Exhibit C and any other violations identified
by the Housing Inspection, to the satisfaction of the Director of Planning and
Building.
6. Prior to final inspection of any condominium unit in a detached structure
containing multiple condominium units, provide in that structure type 2A-I0BC
fire extinguishers every 75-feet of travel distance, and smoke detectors for each
unit, to the satisfaction of the Chula Vista Fire Department.
7. Submit plans and information regarding to the satisfaction of the Fire
Marshall that proposed condominium units meet current Ca. Fire Code, including
but not limited to fire access, water supply, sprinkler systems, and fire alarms.
5 - L(7
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Resolution 2005-067
Page 7
8. Obtain approval of a street name and street addresses to the satisfaction of
the Director of Planning and Building. Updated street names and addresses shall
be noted on the final map.
9. All existing utilities serving the subject property and existing utilities
located within or adjacent to and serving the subject property shall be placed
underground in accordance with the Chula Vista Municipal Code. Furthermore,
all new utilities serving the subject property shall be placed underground prior to
the issuance of building pennits.
10. Any and all agreements that the Applicant is required to enter into
hereunder shall be in a form approved by the City Attorney.
II. Submit and obtain approval of a revised floor plan showing remodel of the
condominium unit adjacent to the pool/sales office building.
12. Comply with requirements of the approved "Recycling and Solid Waste
Management Plan" to the satisfaction of the City's Conservation Coordinator.
The plan shall demonstrate those steps the applicant will take to comply with
Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the
State mandate to reduce or divert at least 50 percent of the waste generated by all
residential, commercial and industrial developments. The applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase
of the project. The plan shall incorporate any trash enclosure re-design required
for compliance with the City's National Pollutant Discharge Elimination System
(NPDES) permit.
13. Applicant shall enter into a recorded agreement with the City of Chula
Vista, wherein Applicant agrees to construct the storage areas described in the
Revised Storage Analysis dated February 2, 2005, and as required by this
tentative map.
DRAlNAGElNPDES
14. All onsite drainage facilities shall be private.
15. Submit and obtain approval of a Water Quality Study and Technical
Report including NPDES Best Management Practices ("BMPs") to reduce the
amount of pollutants entering the City's storm water conveyance system, to the
satisfaction of the City Engineer.
16 Prior to approval of the final map fully implement NPDES Best
Management Practices ("BMPs") contained in the Water Quality Study and
Technical Report.
17. Fully implement NPDES best management practices ("BMPs") to reduce
the amount of pollutants entering the city's storm water conveyance system,
including but not limited to:
a. The erection of signs near storm drain inlets and public access point
along channels and creeks; insta11ation of efficient irrigation systems and
~ -VI
Resolution 2005-067
Page 8
landscape design; employment of integrated pest management principles;
and the creation and implementation of inspection and maintenance
programs for structural treatment control BMPs and private sewer lines.
b. Providing storm drain system stenciling and signage; more specifically:
i. Provide and maintain stenciling or labeling near all storm drain inlets
and catch basins.
ii. Post and maintain City-approved signs with language and/or
graphical icons that prohibit illegal dumping at public access points along
channels and creeks.
c. Installing and using efficient irrigation systems and landscape design;
more specifically:
i. Employ rain shutoff devices to prevent irrigation after precipitation.
ii. Adjust irrigation systems to each landscape area's specific water
requirements.
iii. Using flow reducers or shutoff valves triggered by a pressure drop
to control water loss in the event of broken sprinkler heads or lines.
iv. Employing other comparable, equally effective, methods to reduce
irrigation water nmoff.
d. Employing integrated pest management principles. More specifically,
eliminate and/or reduce the need for pesticide use by implementing Integrated
Pest Management (IPM), including: (1) planting pest-resistant or well-adapted
plant varieties such as native plants; (2) discouraging pests in the landscaping
design; (3) distributing IPM educational materials to homeowners/residents.
Minimally, educational materials must address the following topics: keeping pests
out of buildings and landscaping using barriers, screens, and caulking; physical
pest elimination techniques, such as, weeding, squashing, trapping, washing, or
pruning out pests; relying on natural enemies to eat pests; and, proper use of
pesticides as a last line of defense.
e. Educate the Public. More specifically, the Homeowners Association,
through Property Management, etc., shall inform residents about the City's non-
storm water and pollutant discharge prohibitions. This goal can be achieved by
distributing informative brochures (some available free from the City of Chula
Vista) to new home buyers and dedicating sections of newsletters to storm water
quality issues, as applicable.
SEWER
18. The onsite sewer system shall be private. All sewer laterals shall be
privately maintained from each building and/or condo unit to the City maintained
public sewer main within East Naples Court.
STREETS
19. The street within the development shall be private.
5 -'19
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CC&RS
Resolution 2005-067
Page 9
20. Remove and replace the existing driveway along the project frontage for
compliance with ADA pedestrian access route requirements. Said work shaH be
done under a Chula Vista construction pennit using Chula Vista Construction
Standard CVCS-l for driveways. Driveway replacement shall be guaranteed
prior to recordation of the fmal map.
21. Submit Codes, Covenants, and Restrictions ("CC&Rs") to the City
Engineer, Director of Planning and Building, Director of Public Works, and City
Attorney for approval prior to approval of the final map. Said CC&Rs shall
include the following:
a. The creation of a Homeowner's Association ("HOA"), which shall,
among other things, be responsible for maintaining all cornmon facilities
within the Project including, but not limited to: walls, fences, water
fountains, lightning structures, fire sprinklers and alarm systems, paths,
trails, access roads, drainage structures, water treatment facilities,
landscaping, trees, streets, parking lots, driveways, and private sewage and
storm drain systems.
b. Language stating that the landscaping shall be maintained by the
Homeowners Association (HOA) in a healthy and thriving condition at all
times.
c. Language that indemnifies and holds harmless the City from any
claims, demands, causes of action liability or loss, including claims arising
from the maintenance activities of the HOA, including but not limited to
private sewer spillage.
d. The City's right but not the obligation to enforce CC&Rs.
e. An insurance provision requiring the HOA to 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. The policy shall be acceptable to the City and
name the City as additional insured.
f. The City must approve any revisions to provisions of the CC&Rs that
may particularly affect the City. Furthermore, the HOA shall not seek
approval from the City of said revisions without the prior consent of one.
hundred percent (100%) of the holders offtrst mortgages and one-hundred
percent (100%) ofthe property owners - unless, the Director of Planning
and Building waives this requirement.
g. The HOA shall not seek to be released by the City of any maintenance
obligations without the prior consent of the City and one-hundred percent
(100%) of the holders offtrst mortgages and one-hundred percent (100%)
of the property owners - unless, the Director of Planning and Building
waives this requirement.
5~Cjr)
Resolution 2005-067
Page 10
h. Implement education and enforcement program to prevent the
discharge of pollutants from all on-site sources into the storm water
conveyance system.
i. The HOA shall maintain, in perpetuity, membership in an advance
notice service/system such as the USA Dig Alert Service and shall cause
any private facilities of the property owners or HOA to be marked out
whenever work is performed in the area.
j. The CC&Rs shall include NPDES provisions for the perpetual and
routine maintenance of structural BMPs, private sewer and storm drain
facilities for the purpose of preventing and in such a manner as to prevent
the discharge of non-storm water pollutants to the public storm water
conveyance system. The CC&Rs shall include the requirement to
maintain records for the past 10 years of BMP implementation,
inspections, and maintenance activities.
k. The HOA shall fund and oversee a contract for the maintenance of the
onsite private sewer system. The frequency of maintenance of the sewer
system shall be contained in the provisions of the Codes, Covenants and
Restrictions. The City Engineer and Director of Public Works shall
approve the provisions of the CC&Rs regarding the onsite private sewer
system.
I. Trash and Recycling program requirements shall be incorporated into
the project CC&Rs to the satisfaction of the City's Conservation
Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision
Ordinance, and shall be recorded concurrently with the final map.
n. Fire service lateral and water supply to buildings must be maintained
and operational at a1l times to the satisfaction of the Fire Marshall.
22. Submit Homeowners Association budget for review and approval by the
City Engineer for the maintenance of private streets, storm drains, sewage
systems, electrical system, plumbing and roof. More specifically, said budget
shall include the following provisions and maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years.
b. Sewers must be cleaned once a year with the contingency for
emergencies.
c. Red curbs/striping must be painted once every three years.
d. The Homeowners Association shall be responsible for service utilities
including water and sewer, and the billing and payment of these utility
costs.
e. Storm Water quality facilities inspected prior to and after every rain
event and cleaned as necessary (twice a year minimum); media inserts
C3 -S I
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Resolution 2005-067
Page 11
replaced as recommended by the manufacturer; with a contingency for
emergencies. The budget shall also include a monitoring program
including sampling and preparation of an annual report, when required by
the City.
EASEMENTS
f. Establishment of a capital fund that will adequately cover the expected
costs associated with repairing or replacing the Project/complex's
electrical system, plumbing system and roof.
23. All existing easements and irrevocable offers of dedication shall be shown
on the final map. A title report dated within 60 days of submittal of the final map
shall be submitted together with backing documents for all existing public utility
easements and offers of dedication. Applicant shall submit evidence of noticing
to all existing public utility easement holders within the project boundaries as
required by the Section 66436 of the Subdivision Map Act.
AGREEMENTS
24. Payoff any unpaid balance for the Sunbow Villas Tentative Map Deposit
account # DQI095 and Project account CA299.
25. Prior to approval of the fmal map the Applicant shall enter into an
agreement wherein the Applicant agrees to:
a. Defend, indemnify and hold harmless the City and its agents, officers,
and employees, from any claim, action or proceeding against the City, or
its agents, officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning Commission, City
Councilor any approval by its agents, officers, or employees wit regard to
this subdivision pursuant to Section 66499.37 of the State Map Act
provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in
the defense.
b. Hold the City harmless from any liability for erosion, siltation or
increased flow of drainage resulting from this project and spillage of
sewage generated by the project onto adjacent public or private streets or
into offsite storm water conveyance systems.
c. Maintain storm water quality treatment measures in accordance with an
approved maintenance and inspection plan.
d. Implement and sustain in pe:rpetuity, a source control storm water
quality management program as outlined in the Water Quality Technical
Report.
26. The Applicant shall and does agree to hold the City harmless ITom any
liability for erosion, siltation or increase flow of drainage resulting from this
project.
6-02
Resolution 2005-067
Page 12
4$
~~perty Owner
~~~.."
4 k(oS
Date
~lzz-lo5
Date
MISCELLANEOUS
27. The Applicant, and hislher successors in interest, shall permit all
franchised cable television companies ("Cable Company") equal opportunity to
place conduit and provide cable television service to each lot within the
subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and
conditions of the franchise and which are in further compliance with all other
rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
28. Tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
29. Submit copies of the final map in a digital format such as (DXF) graphic
file prior to approvaI of the final map. Provide Computer Aided Design (CAD)
copy of the final map based on accurate coordinate geometry caIculations and
submit the information in accordance with the City Guidelines for Digital
SubmittaI in duplicate prior to the approvaI of the finaI map.
30. Submit a conformed copy of a recorded tax certificate covering the
property prior to approvaI of the fmaI map.
B. The following Conditions of ApprovaI shaII be satisfied prior to final inspection
unless otherwise noted:
1. Obtain approvaI of a building permit for the pool/saIes office building,
showing remodel of the adjacent condominium unit.
2. Submit evidence satisfactory to the DiIector of Planning and Building that
the applicant has complied with the approved homebuyer/relocation assistance
program requirements dated February 2, 2005, for existing residents who choose
not to purchase their condominium units.
3. All lighting shaIl meet the protective current lighting standards of the
current Uniform Building Code.
4. Prior to final inspection of any condominium unit in a detached structure
containing multiple condominium units, the Project's exterior upgrades for that
0-153
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Resolution 2005-067
Page 13
structure shall be constructed in accordance with the approved DRC-05-04 design
review pennit.
5. Show that walls and ceilings meeting the current Uniform Building Code
standards regarding fire and sound attenuation have been installed between
airspaces of the condominiwn units, to the satisfaction of the City Building
Official and Director of Planning and Building. If said walls and ceiling do not
meet said standards, then the walls and ceiling shall be modified to conform to the
Uniform Building Code.
6. Applicant shall install additional storage in compliance with [mdings of
the Revised Storage Analysis dated February 2, 2005, to the satisfaction of the
Director of Planning and Building and Chula Vista Police Department as
described below. If required by the California Building Code, the applicant shall
obtain building permits if necessary for the installation of the required storage.
For work not requiring a building permit, submit evidence or obtain an inspection
to the satisfaction of the Director of Planning and Building that the required
storage has been installed, prior to the close of escrow of each unit.
Plan A -First and Second Floor:
Improve Patio Closet with shelving
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankless water heater.
Incorporate the top portion of the coat closet with the patio closet (see floor
plans).
Total storage area: 197 cu. ft.
Plan B - First Floor with Outside Storage Locker:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankless water heater.
Incorporate the coat closet with the patio closet in units that do not have the
outside storage locker (see floor plans).
Total storage area: 148 cu. ft.
Plan B - First Floor without outside storage locker and Second Floor:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankJess water heater.
Incorporate the coat closet with the patio closet.
Total storage area: 160 cu. ft.
Plan C -First and Second Floor:
Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a Bosch Aquastar TankJess Water
Heater.
Incorporate the coat closet with the patio closet.
Total storage area: 203 cu. ft.
5-5,-/
Resolution 2005-067
Page 14
X. 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, or further condition issuance of all future building permits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of 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 (10) 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 within a reasonable and diligent time frame.
XI. 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, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to
be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
{J~.
Ami Moore
City Attorney
s-c,c.
~ ./.J
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Resolution 2005-067
Page 15
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of March, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Counci]members:
None
,I!~~
ATTEST:
- ~1JJ6._'f3:~
Susan Bigelow, MMC, City Cler
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-067 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of March, 2005.
Executed this 1st day of March, 2005.
~~ u. 6..-<.- ~ ~
Susan Bigelow, MMC, City Cler
5-5b
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 3/14/2006
~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED
GRANT FUNDS FROM THE HOMELAND SECURITY
GRANT FUNDS AND STATE EMERGENCY MANAGEMENT
PERFORMANCE GRANT FUNDS AND APPROPRIATE
FUNDS
SUBMITTED BY:
MIS Directo~ . K
City Manager dJ ,toY\.]J (4/5ths Vote: YesLNo _)
REVIEWED BY:
The City of Chula Vista Police and Fire Departments participated in a field
exercise at the Del Mar Fair grounds on November 2005. This was part of a
countywide exercise plan and is also part of mutual aid agreements already in
force. The State of California provides reimbursement for overtime spent at this
exercise. The State of California provides funding for the Citizen Emergency
Response Teams (CERT) programs on a year-to-year basis. San Diego County
received $80,000 for this purpose and has allocated each jurisdiction its fair
share.
RECOMMENDATION: That the City Council accept the unanticipated grant
funds from the State Homeland Security Grant Funds in the amount of
$10,231.54 and the $4,983 from the share allocated to Chula Vista for its CERT
program and amend the Emergency Services Grants portion of the MIS
Department's Fiscal Year 2006 personnel services budget by $10,231.54 and the
Emergency Services Grants portion of MIS services and supplies budget by
$4,983.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The County of San Diego has an ongoing terrorism exercise program. The City of
Chula Vista has mutual aid agreements with the Unified Disaster Council and
other jurisdictions within the County. Field exercises are an integral part of
readiness for field operations staffs from Fire and Police Departments. The State
of California Emergency Planning Grant provides for reimbursement of certain
staff participating in field exercises and drills. The grant funds will be used to
6-1
Page # 2 Item:
Meeting date: 1/141?006
It
offset funds used by the Police and Fire Departments to pay for participating
staff. $10,231.54 will be recovered for this purpose.
The State of California provides limited funding opportunities to operational
areas. The County of San Diego received $80,000 this year to be shared
between the entire CERT programs in San Diego County. The funds were
distributed using a formula based on response personnel and a base fee. The
City of Chula Vista's share is $4,983 dollars. These grant funds will be allocated
to the Emergency Services portion of the MIS Department for services and
equipment. The funds will be used to purchase a dedicated equipment trailer for
moving instructional supplies and hand tools.
Grant Requirements
.
The State Homeland Security grant requires the Police and Fire units at the
exercise provide accurate time sheets and per hour rates to be reimbursed for
their participation. The CERT grant requires proof of purchase for any items
acquired and reimbursement forms be provided. The Emergency Services
Manager for the City has been an active participant on the Countywide Urban
Area Working Group for Terrorism Preparedness. The intent of the exercise
program is to strengthen and improve emergency response from Fire and Police
staffs. The CERT program receives sporadic funding and is in need of this trailer
to facilitate deployment for both training and actual emergencies.
FISCAL IMPACT:
Acceptance of the $10,231.54 reimbursement from the State Homeland Security
Grant will enable the Fire and Police Departments to offset costs associated with
providing staffs for the Del Mar Fair Grounds Countywide exercise in November
2005. Acceptance of the $4,983 from the CERT grant funds will enable Chula
Vista's CERT program to purchase a trailer to move resources for training and
deployment opportunities in the future. There is no net General Fund impact
projected.
6-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT FUNDS
FROM THE HOMELAND SECURlTY GRANT FUNDS AND
STATE EMERGENCY MANAGEMENT PERFORMANCE
GRANT FUNDS
WHEREAS, the City of Chula Vista Police and Fire Departments
participated in a field exercise at the Del Mar Fair Grounds in November 2005;
and
WHEREAS, the County of San Diego has an ongoing terrorism exercise
program; and
WHEREAS, field exercises are an integral part of readiness for field
operations staffs from Fire and Police Departments; and
WHEREAS, the State of California Emergency Planning Grant provides
for reimbursement for certain staffs participating in field exercises and drills; and
WHEREAS, the grant funds will be used to offset funds used by the Police
and Fire Departments to pay for participating staffs; and
WHEREAS, $10,231.54 will be recovered for this purpose; and
WHEREAS, the State of California provides limited funding opportunities
to operational areas; and
WHEREAS, the County of San Diego received $80,000 this year to be
shared between the entire Community Emergency Response Team (CERT)
programs in San Diego County; and
and
WHEREAS, Chula Vista's share of the CERT program funds is $4,983;
WHEREAS, these grant funds will be allocated to the Emergency Services
portion of the MIS Department for services and equipment; and
WHEREAS, the funds will be used to purchase a dedicated equipment
trailer for moving instructional supplies and hand tools.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Chula Vista does hereby accept and appropriate unanticipated grant funds
from the Homeland Security Grant Funds and State Emergency Management
Performance Grant Funds.
Presented by:
Approved as to form by:
Louis Vignapiano
MIS Director
~(~~~
Ann Moore
City Attorney
6-3
COUNCIL AGENDA STATEMENT
Item: 1
Meeting Date: 03/14/06
ITEM TITLE:
SUBMITTED BY:
Resolution Amending the FY06 Recreation Department
budget by appropriating $6,600 based on unanticipated revenue from
Community Development Block Grant funds for the Wiz Kidz
program ffl
Director ofRecreatio~
City Manager i 1"1 f7:.
(4/5ths Vote: Yes ~ No ~
REVIEWED BY:
The Recreation Department, was awarded $6,600 in Community Development Block Grant
(CDBG) funds for FY2005-06. The Recreation Department is requesting an appropriation of
these funds to its operating budget to fund the Wiz Kidz program at Otay Recreation Center for
the fiscal year.
RECOMMENDATION: That Council adopt the resolution amending the FY06 Recreation
Department budget by appropriating $6,483 in Personnel Services and $117 in Supplies and
Services based on unanticipated revenues from Community Development Block Grant funds for
the Wiz Kidz program.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Wiz Kidz program is an afterschool program that offers scheduled and supervised activities
designed to be educational and healthful, and designed to build social skills and sportsmanship.
The two and one half hour program operates Mondays through Fridays at the Otay Recreation
Center from September through June. Activities include: arts and crafts, field trips, nutrition
classes, guest speakers, group discussions, snacks, board games, sports tournaments, contests and
other special activities. The program serves approximately 50-60 youth participants per day.
The stated obiectives of the pro!!ram are the followin!!:
. Increase the availability of positive alternatives to high-risk behaviors that can cause harm to
oneself or others.
. Provide opportunities to learn skills that improve the ability of children to make positive life
choices.
. Provide safe social and recreational activities for children who would otherwise be home
alone.
. Provide safe and healthy options for children of working parents after school.
. Provide educational opportunities to help children experience success in school.
FISCAL IMPACT: The FY06 budget for the Recreation Department's is proposed to be
amended by $6,600, fully offset by Community Development Block Grant funds, with no net
impact to the General Fund. Personnel services account for $ 6,483 and office and recreation
supplies account for the remaining $117.
7-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY06 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $6,600
BASED ON UNANTICIPATED REVENUE FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
THE WIZ KIDZ PROGRAM
WHEREAS, the Recreation Department, was awarded $6,600 III Community
Development Block Grant (CDBG) funds for FY2005-06; and,
WHEREAS, the Recreation Department is requesting an appropriation of these funds to
its operating budget to fund the Wiz Kidz program at Otay Recreation Center for the fiscal year;
and,
WHEREAS, the Wiz Kidz program is an afterschooI program that offers scheduled and
supervised activities designed to be educational and healthful, and designed to build social skills
and sportsmanship; and,
WHEREAS, the two and one half hour program operates Mondays through Fridays at the
Otay Recreation Center from September through June; and
WHEREAS, activities include: arts and crafts, field trips, nutntlOn classes, guest
speakers, group discussions, snacks, board games, sports tournaments, contests and other special
activities; and
WHEREAS, the program serves approximately 50-60 youth participants per day.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY06 Recreation Department budget by appropriating $6,600
based on unanticipated revenue from Community Development Block Grant funds for the Wiz
Kidz program.
Presented by
Approved as to form by
~Ql\~~~~
Ann Moore '
City Attorney
Buck Martin
Director of Recreation
7-2
CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
g
3/14/06
ITEM TITLE:
RESOLUTION APPROVING THE IMPARTIAL ANALYSIS OF
THE CITIZEN'S MEASURE AMENDING THE CITY CHARTER
TO LIMIT THE USE OF EMINENT DOMAIN IN THE CITY TO
BE SUBMITTED TO THE ELECTORATE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
CHULA VISTA ON JUNE 6, 2006
SUBMITTED BY:
REVIEWED BY:
CITY ATTORNEY ().
4/5THS VOTE: YES D NO ~
BACKGROUND
Elections Code section 9280 provides that when a city measure qualifies for a place on the ballot,
the governing body may direct the city elections official to transmit a copy of the measure to the
city attorney. The city attorney shall prepare an impartial analysis of the measure showing the
effect of the measure on the existing law and the operation of the measure. Due to a
misunderstanding between the City Clerk, Registrar of V oters office and the proponents of the
measure regarding the number of signatures required, the measure did not qualify for the ballot.
At the February 21,2006 Council meeting the Council voted to place the measure on the ballot.
As the measure has now qualified for the ballot attached for your consideration is a draft
impartial analysis (Attachment 1).
RECOMMENDATIONS
Staff recommends that the City Council adopt the resolution approving the impartial analysis and
directing the City Clerk to forward the analysis to the Registrar of Voters.
DISCUSSION
As discussed above, the Charter amendment prepared by Chula Vistans for Private Property
Protection ("CVPPP") limiting the City's ability to use eminent domain was placed on the June
6, 2006, ballot by the City Council. The City Council placed the measure on the ballot in order to
allow the public the opportunity to vote on this matter. At the hearing on February 21, 2006 legal '
representatives for CVPPP provided letters and testimony attesting to the legality of the measure.
8-1
PAGE 2, ITEM NO.:
MEETING DATE:
t
3/14/06
(Attachments 2 and 3). Mr. Greg Moser, Esq., of Foley Lardner, Mr. Yuri Calderson, Esq., of
Burke Williams & Sorenson, and Mr. Steve Haskins, Esq., of Haskins and Associates all testified
that in their opinion the proposed measure was legally sound and should be placed on the ballot.
As a result of the citizen-drafted ballot measure being initiated by the CVPPP and the statements
made by their representatives, the impartial analysis presented this evening is focused on the text
of the measure and how it modifies the City's ability to acquire property. The impartial analysis
briefly describes the state of eminent domain law in California and identifies that the measure
purports to do the following things:
.
. Limit the City's ability to utilize the tool of eminent domain to take private
property to address economic blighting conditions.
· Prohibit the City Council from taking any action or supporting any action of any
other agency seeking to condemn private property for private redevelopment
purposes.
· Prohibit the City from utilizing eminent domain process to make property
available for private development.
· Require the City to submit to the voters at a general municipal election any matter
where the City desires to utilize eminent domain on private property except for
public improvement projects.
. Requires the City to hold or use property taken through eminent domain for
public purposes for a period often years prior to sale, lease, transfer or other
disposition of the property.
. Requires any amendments to its provisions be made by a vote of the people at a
City election.
FISCAL IMPACT
No fiscal impact is anticipated by this action. Normal staff time and costs for the processing of
the Impartial Analysis is incorporated within existing budgets and Council has previously
appropriated funds associated with conducting the election.
EXHIBITS
I. Impartial Analysis
2. Greg Moser, Esq., Letter dated February 21, 2006
3. Yuri Calderon, Esq., Letter dated February 21, 2006
8-2
,4+fadJ Yhenf i
CITY ATTORNEY'S IMPARTIAL ANALYSIS
MEASURE 1:
SHALL THE CHARTER OF CHULA VISTA BE
AMENDED TO LIMIT THE ABILITY OF THE CITY
COUNCIL TO UTILIZE THE TOOL OF E.MINENT
DOMAIN TO TAKE PROPERTY TO ADDRESS
ECONOMIC BLIGHTING CONDITIONS?
The City Council of the City ofChula Vista was requested by Chula Vistan's for Private
Property Protection to place this citizen-drafted measure on the ballot. State law currently
imposes restrictions upon the use of eminent domain by the City. Eminent domain may
on1y be used if just compensation is awarded and the property is taken for a "public" use
and necessity. Property that is taken must be necessary for that use. Public necessity is
has three elements: 1) Public interest and necessity require the project; 2) the project is
planned and located in the manner that will be most compatible with the greatest public
good and the least private injury; and 3) the property sought to be acquired is necessary
for the project. California law on1y permits the use of eminent domain for economic
development on1y if it is for the removal of blight.
This measure will amend the Charter of the City to add Section 305.5 and 305.6
regarding prohibited acts. This measure would provide restrictions beyond those
currently provided in California law. It will prohibit the City Council ITom taking any
action or supporting any action of any other agency seeking to condemn private property
for private redevelopment purposes. This will prohibit the City ITom utilizing eminent
domain process to make property available for private development. This measure will
require the City to submit to the voters at a general municipal election any matter where
the City desires to utilize eminent domain on private property except for public
improvement projects. The City will be able to use the eminent domain process for public
improvement projects provided the City holds or uses the property taken for public
purposes for a period of ten years prior to sale, lease, transfer or other disposition of the
property. This measure will require that any amendments to its provisions may on1y be
made by a vote of the people at a City election.
J:\AttomeylEHu1llEm Domain Impartial Analysis.doc
8-3
f!t-rac./',Ylunf oz.,
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; FOLEY
February 21, 2006
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
402 W. BROADWAY, SUITE 2300
SAN DIEGO, CA 92101.3542
619.234.6655 TEL
619.234.3510 FAX
www.foley.com
WRITER'S DIRECT LINE
619.685.6426
grTIQser@fQloy.com EMAIL
CLIENT/MATTER NUMBER
107841.0104
The Honorable Steve Padilla and City Council
Members
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Legality of CVPPP Initiative Petition
Honorable Mayor and City Council Members:
On behalf of Chula Vistans for Private Property Protection, we have been asked to
explain the legal basis for the initiative known as the "An Initiative of the People of the City of
Chula Vista Limiting the Use of Eminent Domain Powers by the City of Chula Vista" (''the
Initiative") which you are considering. Since the initiative is legally sound and supported by
thousands of Chu]a Vista citizens, we urge you to place the measure on the ballot this June.
What does the Initiative do? First, the Initiative is drafted to allow the continued use
of eminent domain by the City of Chula Vista to acquire property for traditional governmental uses,
many of which are enumerated in the Initiative. It also is intended to limit the City's power to
support the use of condemnation in aid of economic development purposes to projects which the
voters have approved. This restriction on the use of eminent domain is intended to prevent the abuse
of such power. Nothing in the Initiative is intended to broaden the City's eminent domain authority.
As written, the Initiative does not restrict the City's right to seek private property for
public purposes, including parks, fire stations, public streets and other public facilities and
improvements. In conditioning the use of city resources to support condemnations in aid of private
development, the Initiative is similar to the City's existing commitment not to take property which is
zoned for residential use. The City Council has already found this type of limitation on the use of its
eminent domain authority (and that of its redev'e]opment agency) to be legally appropriate. The
lPitiative ensures public involvement in decisions to promote private developments at the potential
expense of other private citizens.
The right of citizens to exercise initiative power is guaranteed by the California
Constitution and is "one of the most precious rights of our democratic process." CoalitWn.for Fair
Ren.t v. Abdelnollr, 107 Cal.App.3d 97, 103-104 (1980). Statutes regulating that power are liberally
construed in favor of its broadest exercise. Indeed, the United States Supreme Court has held time
and again that "petition circulation... is 'core political speech'" protected by the First Amendment
free speech guarantee.
BOSTON
SRUSSfLS
CHICAGO
DETROIT
JACKSONVILLE
LOS ANGELES
MADISON
MilWAUKEE
NEW 'fORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/DEL MAR
SAN FRANCISCO
SII..ICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
WEST PA!.M eEACH
SDCA_282809.j
8-4
: FOLEY
.
Honorable Steve Padilla and City Council
February 21, 2006
Page 2
TIle Initiative complies with all existing requirements for a valid initiative, as well as
limitations on their use. First, consistent with the California Constitution, the Initiative involves
only a single-subject: the future use of eminent domain in Chnla Vista. See CaI. Const. art. II, 9 8(d)
(an initiative must regard a single-subject); Devita v. Napa County, 9 Cal. Rptr. 2d 699 (1995) (an
initiative may apply only to legislative acts.)
Second, the Initiative complies with limitations on initiatives and referendums
articulated by the California courts. Specifically, the Initiative does not trench on ground which has
been comprehensively addressed by state law. See e.g.. Committee of Seven Thousand v. Superior
Court, 45 Cal.App.3d 491 (1988). Nor does the Initiatives impair any "essential governmental
function," such as the management of the City's fiscal powers. See City of Atascadero v. Daly, 135
Cal.App.3d466 (1982).
While the State's power of eminent domain derives :trom the California Constitution,
Chula Vista can only exercise such power when and as expressly authorized by law. Under the City
ofOaklandv. OakkJndRaiders, 32 CaI.3d 60 (1982), that power is quite broad, and can be used for
any public purpose, which means any use that concerns the whole community or promotes a
legitimate object of government. Government Code 937350.5 provides the statutory authority for
the City Council to exercise powers of eminent domain. However, those powers are not unlimited,
and the City must fulfill a variety of requirements in exercising its authority. (E.g., Code of Civ.
Froe.. 91230.010 et seq.; Gov. Code 97260, et seq.) Nothing in any of those statutes preempt local
ordinances regarding when the City Council may elect to use eminent domain as a matter of local
policy. Nor do they describe what kind of involvement the public should have in decision making
regarding when condemnation is appropriate. The citizens of Chula Vista are thus entitled to enact
legislation regarding the proper use of the City's powers in support of a project requiring
condemnation via an initiative.
.
Moreover, the limitations imposed by the Initiative do not place significant
constraints on the ability of the City Council to manage its fiscal affairs. The City Council is still
able to take private property for public improvements. It only imposes an additional requirement
before the City Council may purposely take, or aid in the taking of property for private economic
development. See e.g., DeVita v. County of Napa, 9 Cal. 4th 763 (1995) (approving a local initiative
that preserved agricultural land.) The courts have previously upheld such requirements. For
example, in Santa Clara County Local Transportation Authority v. Guardino, 11 CaI.4th 220, 240
(1995), the California Supreme Court upheld a statewide initiative that required local agencies to
submit special ta;'{es to voters for two-thirds approval.
In sum, the Initiative deals with a single subject of local concern, and leaves the City
Council free to manage the provision of all municipal services and municipal affairs and finances.
Rather, it simply augments existing local policies regarding the use of the City's eminent domain
powers, and support of eminent domain by other agencies, including its redevelopment agency.
The constitutional right to initiative power embodies the principle that "all power of
government ultimately resides in the people." The Initiative submitted to the City Clerk is a lawful
proposal conditioning only certain controversial uses of eminent domain powers in Chula Vista.
SOCA_282809J
8-5
: FOLEY
Honorable Steve Padilla and City Council
February 21, 2006
Page 3
Only where property is to be taken ftom one private property owner to be transferred to another for
economic development purposes which benefit private developers does the Initiative require voter
approval. Accordingly, to further the right ofthe people to decide upon these important matters in
the future, this City Council should place the Initiative on the ballot.
Sincerely,
/./~
Gregory V. Moser
SDCA_282809..1
8-6
;+t!ol-hmen -F3
70! ~8~ Street - Suire 1790
San Diego, California 92101.8142
voice 619.615.6672 . fax 619.615 6673
_ www.bws!aw.com
Our File No:
04859-0001
ycaldercn@bwslaw.com
February 21, 2006
The Honorable Steve Padilla and
Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Proposed Charter Amendment to the City of Chula Vista Charter
Honorable Mayor and Members of the City Council:
As you are now aware, we were retained by the Chula Vistans for Private
Property Protection (hereinafter, the "Committee") to review the City's rejection of ballot
initiative and the City's refusal to accept additional signatures for that initiative, We are
pleased with the City's decision to accept the additional signatures and, in the
alternative, to consider placing the charter amendment on the ballot for consideration by
the voters and resident of Chula Vista,
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It is our understanding from those that drafted the language for the Charter
Amendment and from the language itself that the intent of the Amendment is not to limit
the City of Chula Vista's eminent domain powers for the acquisition of property for
traditional governmental and public uses. Rather, the intent is to preclude the City from
using the power of eminent domain to take property for purely economic development
purposes. Furthermore, it also precludes the City from directly or indirectly participating
in any taking of property by any other agency or organization that purports to be
engaging in such taking for private economic development Presumably, this is
intended to preclude the City from participating directly or indirectly with the City's
redevelopment agency when taking property for redevelopment purposes.
To the extent that a city has the authority under Government Code Section
37350.5 to use eminent domain for private economic development, the Charter
Amendment limits the City's ability to do so, The Amendment is also limited to only
those circumstances where private property is taken from one private property owner to
be transferred to another for economic development purposes, In the event the City
desired to exercise the power of eminent domain for economic development purposes,
the City would be required to seek the approval of the voters of the City of Chula Vista
prior to doing so.
8-7
Los Anqeles - Inland Empire - Oranqe County - San Dieqo - San Jose . Ventura County
,
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BURKE, WilLIAMS & SORENSEN. LLP
The Honorable Steve Padilla and Members of City Council
February 21, 2006
Page 2
.
I have reviewed the Charter Amendment. It is my opinion that the Charter
Amendment would withstand constitutional and statutory scrutiny. I understand the City
has retained the services of two law firms to review the Charter Amendment, Rutan &
Tucker and Best, Best & Krieger. I remain available to discuss any questions or
potential issues that may be identified by the law firms retained by the City.
On behalf of the Chula Vistans for Private Property Protection, we urge you to
place this initiative on the ballot for the June election cycle.
.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
Y!i~
SO #4810-4779-5456 v1
.
8-8
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE IMPARTIAL ANALYSIS OF THE CITIZEN'S MEASURE
AMENDING THE CITY CHARTER TO LIMIT THE USE OF EMINENT
DOMAIN IN THE CITY TO BE SUBMITTED TO THE ELECTORATE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CHULA
VISTA ON JUNE 6, 2006
WHEREAS, Elections Code section 9280 provides that when a city measure qualifies for a
place on the ballot, the governing body may direct the city elections official to transmit a copy of the
measure to the city attorney; and
WHEREAS, the city attorney shall prepare an impartial analysis of the measure showing the
effect of the measure on the existing law and the operation of the measure; and
WHEREAS, due to a misunderstanding between the City Clerk, Registrar of Voters office
and the proponents of the measure regarding the number of signatures required, the measure did not
qualify for the ballot; and
WHEREAS, at the February 21, 2006 Council meeting the Council voted to place the
measure on the ballot; and
WHEREAS, the Charter amendment prepared by Chula Vistans for Private Property
Protection ("CVPPP") limiting the City's ability to use eminent domain was placed on the June 6,
2006, ballot by the City Council; and
WHEREAS, at the hearing on February 21, 2006 legal representatives for CVPPP provided
letters and testimony attesting to the legality of the measure; and
WHEREAS, as a result of the citizen-drafted ballot measure being initiated by the CVPPP
and the statements made by their representatives, the impartial analysis focuses on the text of the
measure and how it modifies the City's ability to acquire property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the impartial analysis of the citizen's measure amending the City Charter to
limit the use of eminent domain in the City to be submitted to the electorate at the General Municipal
Election to be held in the City of Chula Vista on June 6, 2006.
Submitted by:
Approved as to form:
Susan Bigelow, City Clerk
4.uftr!:lfAI!uLt
Moore, City A orney
8-9
COUNCIL AGENDA STATEMENT
Item
Meeting Date
q
03/14/06
ITEM TITLE:
Public Hearing - Consideration of an ordinance by the City of Chula Vista
City Council modifying Chapter 8.24.070 to allow for impounding of non-
franchise waste haulers' nuisance roll-offboxes and containers placed within
the City boundaries
Resolution Approving the addition of a "Daily Impound Rate" to
the Amended and Restated Solid Waste Franchise Agreement - Exhibit G
Rate Schedule.
Ordinance Amending Chula Vista Municipal Code 8.24.070 to
include the abatement process for non-franchised waste haulers' nuisance
roll-off boxes and containers placed within the City boundaries
SUBMITTED BY: Director of General serviceW
REVIEWED BY: City Manager 11 ~ TJf, (4/5thsVote:Yes_No.K..)
Many cities in San Diego County have experienced problems with non-franchised waste haulers
delivering roll-offboxes and bins in franchised areas. The City ofChula Vista experiences problems
with non-franchised waste hauling compauies almost daily due to the rapid growth and increasing
redevelopment activities in the City. By the time these violations are communicated to staff and code
compliance processes are implemented the jobs are completed and the containers are removed from
the job site.
The City Attorney's office and staff have reviewed similar ordinances from the cities of Anaheim, El
Cajon, Huntington Beach and Poway in developing the modifications to Chula Vista's ordinance
8.24.070. The modifications will address these issues in a manner and time frame that is attuned to
the industry.
RECOMMENDATION: That the City Council:
1. Open public hearing.
2. Approve resolution to add a "Daily Impound Rate" to the Allied Waste Services - Amended
and Restated Solid Waste Franchise Agreement - Exhibit G Rate Schedule.
3. Place ordinance on first reading.
BOARDS/COMMISSIONS: Not applicable.
9-1
Page 2, Item
Meeting Date 3/14/06
~
DISCUSSION:
In November of 1998 the City ofChula Vista sent letters to all licensed and pennitted haulers in San
Diego County advising them of the City's exclusive ftanchise agreement with Allied Waste Services
(fonnally, Pacific Waste Services). Since that time several of the haulers have repeatedly ignored the
City ftanchise and placed their roll-off boxes and bins within the City boundaries. Upon each
inftaction, City staff contacted the company, explained the municipal code and ftanchise agreement
and requested that the boxes or containers be removed by the next business day.
Additionally, staff contacted the property owner or project manager to advise them of the situation
and give them Allied Waste's number to arrange for service. The constituents that call these non-
ftanchised companies for service are not told at the time of contact that the companies cannot do
business in Chula Vista. Instead the companies ~ake the service request hoping they can complete
the work before City Staff notices them. As a result the City loses AB 939 fees, ftanchise fees and
assurance of compliance with AB 939 landfill diversion/recycling goals.
In an effort to address these issues, staff is proposing modifications to CYMC 8.24.070.
Modifications include the addition of the following procedure to deter the non-ftanchised haulers.
1. Any container placed within the boundaries of the City in violation of Chapter 8.24.070 shall
be deemed a nuisance.
2. The City Manager or Designee shall have the authority to cause the abatement of the
nuisance by the following procedure;
a. When there is a standing ftanchise agreement per CYMC 8.23 the City Manager or
Designee shall authorize the ftanchisee to enter upon private property or public
property to abate the nuisance.
b. Upon notification by the City Manager or Designee of a violation of CYMC,
ftanchisee may at franchisee's option, remove any container placed within the
boundaries of the City that is in violation of the municipal code, dispose of the
contents and store the container at their place of business.
c. The ftanchisee will immediately send by mail a written notice of its actions to the
owner of the container and a copy to the City, advising how the owner may recover
the container.
d. The ftanchisee may bill the owner of the container for transportation costs, disposal
costs, and the newly proposed daily impound fees.
2005 Nuisance Abatement Fees (as listed on Exhibit G - Rate Schedule):
Container Removal Industrial Generator Haul Rate $129.07
Disposal Disposal per Ton $ 41.65
NIM Impound Rate Per Day $ 20.00
9-2
Page 3, Item ...!1-
Meeting Date 3/14/06
e. All amounts due to the franchisee must be paid in full before the owner may recover
the container.
f. If the owner does not recover the container within 60 days of the date of the written
notice, the container is considered abandoned and then becomes property of the
franchisee.
g. The action may be appealed by filing a written notice of appeal in the office of the
City Manager within 10 days of the date of the written notice and the time and place
for hearing the appeal will be set as soon thereafter at the convenience of the parties.
The decision of the City Manager will be final.
Permitted haulers have been notified by letter of the Council Hearing and proposed modifications to
the Municipal Code.
A survey of the franchise cities' current rates for temporary bins and roll-off services is included for
your review (Attachment 2). Due to the franchise agreement with Allied Waste Services, Chula
Vista continues to benefit from one of the lowest roll-offbin rates in the County. The proposed new
daily impound rate of $20 for storing roll offbins will serve as an incentive to expedite retrieval of
the non-franchise bins as well as discourage reoccurrences.
FISCAL IMP ACT: Adoption of the resolution and ordinance change will have a positive impact
on the General Fund. Franchise fees and AB 939 fees will be charged on the hauling of the boxes
and the disposal of the materials. The amount of unanticipated revenue to be generated from these
changes is unknown at this time.
Attachments:
1. Proposed Municipal Code Chapter 8.24.070 with revisions
2. 2005 Rate Schedule with Daily Impound Fees Survey
3. List of licensed haulers in San Diego County and copy of notification letter
4. Exhibit G -Rate Schedule (revised)
M;\General Services\GS Administration\Council Agcnda\Roll Offs . Mods to CV Muni Code 8.24.070'CAS- FINAL Illegal rolloff activity.doc
9-3
ATIACHMENT ,
DRAFT
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE,
CHAPTER 8.24 9 8.24.070 TO INCLUDE THE
ABATEMENT PROCESS FOR NON-FRANCHISED WASTE
HAULERS' NUISANCE ROLL-OFF BOXES AND
CONTAINERS PLACED WITHIN THE CITY BOUNDARIES.
WHEREAS, the City has previously adopted Ordinance No. 8.24.070, as
amended, pertaining to Solid waste - Collection prohibited when - Burning
prohibited; and
WHEREAS, in an effort to address issues with non-franchised companies
staff is recommending modifications to Chula Vista Municipal Code 8.24.070; and
NOW, THEREFORE, the City Council of the City of Chula Vista does
hereby ordain as follows:
SECTION I: That Section 8.24.070 of the Municipal Code be amended to read
as follows:
"8.24.070 Solid waste - Collection prohibited when - Burning prohibited.
A. No person shall collect, remove or convey, or cause or permit to be
collected, removed or conveyed, any residential, commercial or industrial
solid waste, recyclables, yard waste or other compostables upon or along
any public street, alley or any other public place in the city; provided,
however, the prohibitions of this section shall not apply to authorized
employees of the city, or to any person or firm or employees thereof, with
whom the city or a local school district has entered into a contract or
franchise for the collection, removal or disJ'!e63lconveyance of solid waste,
recyclables, yard waste or other compostables or the occupant or owner
of any residence personally removing their own solid waste from said
residence or commercial establishment or as may otherwise be permitted
or required by federal or state laws that legally supersede the provisions of
this chapter and all local state and federal regulation regarding the safe
transportation and disposal of wastes.
B. Any container placed within the boundaries of the City in violation of this
section shall be deemed a nuisance. The City Manaaer or Desianee shall
have the authority to cause the abatement thereof in accordance with the
procedure prescribed in this section. When the Council has aranted a
franchise pursuant to CVMC Chapter 8.23 the City Manaaer or Desianee
shall authorize the franchisee to enter upon private property or public
property for purposes of causina the abatement of such nuisance. in a
9-4
.
manner consistent with United States and California Constitutions. to
cause the abatement of such nuisance. UDon notification from the City
Manaoer or Desionee of a violation of this section. franchisee may at
franchisee's oDtion. remove any container Dlaced within the boundaries of
the City in violation of this section. disDose of the contents thereof. and
store the container at franchisee's Dlace of business. Franchisee shall
DromDtly mail written notice of its actions to the owner of the container with
a CODY to the City and advise how the owner may recover the container.
Franchisee may bill the owner of the container for transDortation. disDosal
costs. and daily imDound fees. as Drescribed in the rate schedule
established from time to time by resolution of the City Council. All
amounts due to the franchisee for transDortation. disDosal and storaoe
must be Daid in full before the owner may recover the container. If the
owner does not recover the container within 60 davs of the date of the
notice of the abatement. the container shall be determined to be
abandoned. at which time it shall become the DroDertv of the franchisee.
The action abatino the nuisance may be aDDealed by the filino of a written
notice of aDDeal in the office of the City Manaoer within 10 davs of the
date of written notice thereof. The time and Dlace for hearino the aDDeal
will be set as soon thereafter at the convenience of the Darties. ReariRS
tho ar:>raaal 'JIUI BO sat as seen tharcaftor at tho SSFI'JeFlh3ASe sf tho ~3rties.
The decision of the City Manaoer shall be final.
s.,C. It is unlawful for any person to burn or bury any solid waste as a
means of disposing of said waste. "
SECTION II: This ordinance shall take effect and be in full force on the thirteenth
day from and after its second reading and adoption.
.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
Anne Moore
City Attorney
9-5
TempQrary Bin Service RQU-offIDrap Box Service
City 3 yd temporary bin Temp bin rental charge Extra dumps Rail-off pull rate Depoalt Rate Disposal Rate RentaU DerMrge
Carl,bad S 183.00 S 48.00 S 31.59 $3.97 after 7 days
Chula Vista $131.49 Includes $3.00 Iday after 17 days $49.38
delivery, Qne dump and
17 day period rent free.
CQronadQ $98.82 nono $11.82 S 335.52 nlo S ..... $5.00 after 7 days
DelM.r $88 Include. delivery, $88.00 S 200.65 $48.82 S 40.00 $4.19 after 7 days
one dump and 7 days
EICaJon $91.7-4 Incudes deUwry, $46.87 S 188.95 DlapoSlI plus 10% $5 per day
removal and 7 days surcharge
rental
Encinitas $125 per bin dump $4 after 7 days S 206.31 $49 delivery $4C/ton $101 day after 7
days
EscQndldQ 1xJwk-$88.12, $25.11 S 185.00 $43.67 Qne-llme S 39.19 $3.121day Qn 8th
2xlwk-$154.22, delivery charge day (temp) and
3xJwk-mO.32, S3.121day on 13th
4xIwk"$281.4O, day (perm)
5x/Wk-$352.4S,
8x1wk-$418.55
Imperia. Seach $87.87 Includ.. deliver $87.87 S 134.o.t. $38.38 S 43.11 $5.00 after 1 days
and ane dump and 7
days rental
La Mesa S 110.00 S 35.00 S 43.93 $5.00 after 7 days
LemQn Grove $406.00 includea 8 0 45.53 aver 6 tons $5.00 after 7 days
tons disposal
NatlQnal City $81.82 Includes delivery nQne $81.82 $379.00 Inlcudes 8 $41.00 aver 8 tons $5.00 per day after 7
and Qne dump for 7.10 tans days
days
Oceanside $82.00 $82.00 S 288.45 S . S 21.04 $9.90 after 5 days
Poway S 155.48 S S 35.54 $4.18 after 5 days
San Diego NlA does nQt apply
San Marcos $125.00 $4.00/day, after seven $125.00 Include. pick-up S 189.90 $49.10 S 43.05 $10.00 per day aft...
doys and drop-off of new bin ftvedays
Santee S 181.05 S 37.82 S 4.82
SQlana Seach $132.00 for ane bin 41 day after 1 days $132.00 S 213.13 $502.13 COD 401 ton 10/day
dump
VIsta $125 for 5 days $4Iday after Initial 5-days No extra dumps, would S 400.00 $4 after 5 days
Includes delivery and pay for another temp bin
one dump
County N/A Does nol apply
3 Yard Temparary Bin and Roll-off Service Rates SUNey
January 2006
ATTACHMENT
z..,
rollaffratesurvey 1-D6Sheet1
9-6
Updalad03l08l200611;22AM
ATTACHMENT .3
Licensed Haulers in San DieQo County
Comcanv/Contact
Allan Company
Attn: Gary McGrath
Amswede Recycling
Altn: Tommy Stenval
Burns & Sons Trucking, Inc.
Altn: Tom McFarland
Casper Company Inc.
Altn: Greg Casper
Coast Waste Management, Inc.
Altn: Ken Ryan
Daily Disposal Services, Inc.
Altn: Michaei Oltonello
Demolition Contractors, Inc.
Altn: Rogelio Vasquez
Dependable Disposal and Recycling
Altn: Tom McFarland
Dick's Disposal Services
Altn: Jack Dick
ED CO Disposal Corporation
Attn: Dan Gallaher
Emerald Waste and Recovery Inc.
Altn: Randy Sebring
Express Waste & Roll-Off Services, LLC
Altn: Gary L. Schultz
Frank's Waste Removal
Altn: Jerry Schnltzius
Gomez Clean-up Services
Altn: Julio Gomez
Hofer Corporation
Altn: Scolt Hofer
HVAC Services Inc.
Attn: John Snyder
Jemco Equipment Corporation
Altn: John Snyder
Jones Disposal, Inc.
Altn: Phil Smith
Address
5165 Convoy Street,San Diego, CA 91911
1254 Delaware St.,lmperial Beach, CA 91932
P.O. Box 1639,Spring Valley, CA 91979-1639
3825 Bancroft Drive,Spring Valley, CA 91977
2141 Oceanside Blvd.,Oceanside, CA 92054
9201 Campo Road,Spring Valley, CA 91977
1563 Apache Dr., Unit 8,Chula Vista, CA 91911
P.O. Box 1639,Sprlng Valley, CA 91979-1639
553 Laguna St.,Chula Vista, CA 91910
6670 Federal Blvd.,Lemon Grove, CA 91945
P.O. Box 711054,Santee, CA 92072-1054
P.O. Box 2357,Chula Vista, CA 91912-2357
P.O. Box 2623,Spring Valley, CA 91979
2163 lIex Street,San Diego, CA 92154-3002
5662 Otay Valley Road,San Diego, CA 92154
P.O. Box 1187,Ramona, CA 92065
P.O. Box 1187,Ramona, CA 92065
1011 W. Bradley Avenue,EI Cajon, CA 92020
1
9-7
Comoanv/Contact
King Business Services, Inc.
Attn: Gregg J. King
Madison Materials
Attn: Judith Ware
Mashburn Waste & Recycling Services Inc.
Attn: Jeff Ritchie
Organic Recycling West, Inc.
Attn: Fred Alexander
Pacific Waste Services
Attn: Jerry Schnitzius
Reliable Waste Inc.
Attn: Phil Smith
Sani- Tainer, Inc.
Attn: Dan Gallaher
Shubin Services, Inc.
Attn: Don. B. Shubin
Solag Disposal, Inc.
Attn: Dean Ruffridge
Sonny DiVello's All American Disposal Co.
Attn: Sonny DiVello
Spring Valley Environmental Services
Attn: Jerry Schnitzius
Tayman Industries, Inc.
Attn: Lawrence M. Chapman, Jr
Universal Refuse Removal of EI Cajon
Attn: Phil Smith
USA Waste Services of California
Attn: Phil Smith
Ware Disposal Co., Inc.
Attn: Judith Ware
Ware Disposal Co., Inc.
Attn: Judith Ware
Waste Management of North County
Attn: Ken Ryan
.
Waste Management of San Diego
Attn: Phil Smith
Webco Sanitation
Attn: Dan Gallaher
Address
10981 San Diego Mission Rd, Ste 115,San Diego, CA 92108
P.O. Box 8294,Newport Beach, CA 92658
P.O. Box 6907,San Marcos, CA 92079-6097
1202 La Media Road,San Diego, CA 92154
8364 Clairemont Mesa Blvd.,San Diego, CA 92111
1001 W. Bradley Avenue,EI Cajon, CA 92020
6700 Federal Blvd.,Lemon Grove, CA 91945
P.O. Box 14730,lrvine, CA 92623
P.O. Box 1100,San Juan Capistrano, CA 92675
P.O. Box 595,Descanso, CA 91916
8743 Troy Street, Spring Valley, CA 91977
4785 Cobb Drive,San Diego, CA 92117
1011 W. Bradley Avenue, EI Cajon, CA 92020
1011 W. Bradley Avenue,EI Cajon, CA 92020
P.O. Box 8206,Newport Beach, CA 92658-8206
P.O. Box 8206,Newport Beach, CA 92658
2141 Oceanside Blvd.,Oceanside, CA 92054
1001 W. Bradley Avenue,EI Cajon, CA92020
6670 Federal Blvd.,Lemon Grove, CA 91945
2
9-8
Mailing List for Notitification Letters. Developers
1. The Otay Ranch Company
Ranie Hunter, Vice President
610 W. Ash Street, Suite 1500
San Diego, CA 92101
2. McMillin Commercial
Ann H. Cleator, Vice President/Project Manager
P.O. Box 85104
San Diego, CA 92186.5104
3. McMillin Land Development
Justin Craig, Project Coordinator
P.O. Box 85104
San Diego, CA 92186.5104
4. Shea Homes (Agave Community)
Daniel Robledo, Superintendent
9990 Mesa Rim Road
San Diego, CA 92121
5. Shea Homes (Saguaro Community)
Oscar Magdeleno, Superintendent
9990 Mesa Rim Road
San Diego. CA 92121
6. Shea Homes L.P. (Aristata Community)
Javier Aguilar, Superintendent
9990 Mesa Rim Road, San Diego, CA 92121
7. Shea Homes L.P.
Bill Luna, Production Manager
9990 Mesa Rim Road
San Diego. CA 92121
9-9
~~~
- -d: ...
----- ~
- -
CIlY OF
(HUlA VISTA
GENERAL SERVICES DEPARTMENT
March 8, 2006
<<Company>>
Attn: <<Contact>>
<<Mailaddress>>
',City1 >>, <<State1>> <<Zip1))
Notification: March 14, 2006, 6:00 pm, at the City of Chula Vista Council Chambers, Public
Hearing on Proposed Chula Vista Municipal Codes Modifications to AJlow for
Impounding RoU-off and Temporary Bin Equipment of Non.franchised Waste
Haulers .
The Chuia Vista City Council will hold a public hearing on March 14, 2006, at 6:00 pm regarding proposed
modifications to CVMC 8.24.070. The modifications will allow for impounding of roll-off and temporary
bins of non-franchise wastes haulers. The proposed amendments are as follows:
1. Any container placed within the boundaries of the City in violation of Chapter 8.24.070 shall be
deemed a nuisance.
2. The City Manager or Designee shall have the authority to cause the abatement of the nuisance
by the following procedure;
a. When there is a standing franchise agreement per CVMC 8.23 the City Manager or
Designee shall authorize the franchisee to enter upon private property or public property
to abate the nuisance.
b. Upon notification by the City Manager or Designee of a violation of CVMC, franchisee
may at franchisee's option, remove any container placed within the boundaries of the City
that is in violation of the municipal code, dispose of the contents and store the container
at their place of business.
c. The franchisee will immediately send by mail a written notice of its actjons to the owner of
the container and a copy to the City, advising how the owner may recover the container.
d. The franchisee may bill the owner of the container for transportation costs, disposal
costs, and the proposed daily impound fee.
2005 Nuisance Abatement Fees (as fisted on Exhibit G - Rate Schedule):
Container Removal Industrial Generator Haul Rate $129.07
Disposal Disposal per Ton $ 41.65
Proposed Impound Rate Per Day $ 20.00
e. All amounts due to the franchisee must be paid in full before the owner may recover the
container. ~"t-
~~
1800 Maxwell Road. MS B-300 PRIDE
Chula Vista, CA 91911 AT W 0 R K
Phone (619) 397-6220
1=::1'<' r;'1Q) ~Q7_h?Cj()
9-10
www.chulavlstaca.gov
Public Hearing Notification
Page 2
f. If the owner does not recover the container within 60 days of the date of the written
notice, the container is considered abandoned and then becomes property of the
franchisee.
g. The action may be appealed by filing a written notice of appeal in the office of the City
Manager within 10 days of the date of the written notice and the time and place for
hearing the appeal will be set as soon thereafter at the convenience of the parties. The
decision of the City Manager will be final.
All licensed haulers in San Diego County were notified of the exclusive franchise the City of Chula Vista
awarded Aliied Waste Services (formerly Pacific Waste Services) at its inception in 1998. However,
frequently the city receives notification of non-franchised waste haulers who solicit service and deliver
roll-off boxes and bins within the city limits in violation of Chula Vista Municipal Code 8.24.070 and the
City's exciusive franchise. The proposed modifications are intended to strengthen enforcement of the
exclusive franchise agreement and better service our residents.
.
If you have any question regarding these ordinance amendments, please contact Lynn France,
Environmental Services Section, General Services Department at 619 397-6221 or Ifrance(cj)ci.chula-
vista. ca. us.
Sincerely,
'., 1\' ~~
~--\L i-lJ\i
r ........
. Jack Griffin
,Dir\!ctot. of General Services
'-
M:IGeneral ServiceslEnvironmentallNotiftcation Itr to haulers. doc
.
.
CITY OF~t1J~ VISTA
CHUI.A V15TA :rRANCHISJ: . 1"5 RAn: SCHJ:DULJ:
ATTACHMEI\IT _L..
]UviHdJ"yl',15
snVICZ DJ:SCRIPTION: 1Ie.4:RATJ:S 1005RATJ:S
I 4tl'tOJU.'J1(m'!IU\IIC& O"U AUTaIIA'Iml'r SOMa Odin
"Go! "Go! .. Go! S'""" "Go! "Go! "Gal.. S.....
A. SMALL OUANTITY GENERATOR: SQO UTES BPFECTIVE SEPTEMBER 1. 1QD~ INCRBASED
R.id..d&l4.......lt 11.5' U.J1 "", 1L7S ..." 17-'1
Addid...ICllrt "" ..,
Tr_tn.,1 m L70
MJU... SUYlce c...... 11.5. 11.75
J:xtn 11"II1'1...11 J1 pi eq.lvde.1 1" ...
PreP-iol extn31 pi 4 INI Iervtce. 1.5< 1.57
1t.aid..1iII14S..i.r(Onplllgmnbcf'on 12131/01) LU NA NA ...
RetirI....I.M.ld4ll.iy.p '-, ..III u.s. lUl 17", 11.75 .... 11."
Me". He... Pub .wu' I. ....... U.. lUl 17", 11.15 ..." 17.'1
C......deUla.utrllll SQG
Qnctimr;wccklyWl.raidaUiallcrvicodayl'oJothcu= 11.5' I,.. 11.53 U.7S 15.13 11.t1
AddiIionalCllrtl ... .....
B. LARGE QUANTITY GENERATORS: LQO &; lNDUSTRIAL R.A.TES EFFECI'IVI (2004 CPI- 3.m% . 56.56% - 2.44%)
(sn AITACHEDSCBEDULU :rORDJ:TAILED PlUCINGMATJlIX BY JUN SIZES AND SEllVICJ: UVJ:LS)
I X n'D X l.IWI: BASIC S:u.VICJ: UJ.7 62."
IX1YDX1IWXJ:XPANDJ:DSJ:IlVICJ: 71.7~ 7".51
1 X 3YD X 1IWK BASIC SERVICJ: IUS
1 X JYD X 1IWK EXPANDJ:D snVICJ: .....
1 x..YD X 1IWX BASIC SJ:RVI.CJ: 132.1.
IX fYDXl/WKUPANDEDSnVICJ: 14U.
I X!YD X IIWK BASIC SJ:RV~ us.u
I X SYD X l/WKnPANDJ:DSZIlVICJ: 11'.31
IX 'YD X IIWKBASICSZIlVICJ: US.14
IX 'YD X IIWKJ.X1"ANDI'.DSu..VICJ: 113.63
1f.1:~".s.w.~..II..._"",,_._. _..ttl15r....
htnpict.pC.....ea: C.....erdeIT...... ,9.3,
C.......d.elllaeydbIc n.41
are.. WuteRHydlac 1S.S.
B. LARGE OUANTITY GENERATORS : (oontlnued)
GRJ::EN WASTE RJ:CYCLING IX IIWUI< $J.n
IX 1iWnK '5.79
1 X lIBI4WJ:J:XLY 11.5'
COMMU.CIAL BcYCLING
'PI. Sy"rd.ho:rviec I X 1JWD:1t 35.01
IX1IBMn:J:ltLY 1'.41
NON-HOSPITALITY lXI/WUX "",
(UPTO ~-m;AL CARTS) lXlIBI.WEn1..Y 15.45
II...,
07."
135.1
151.72
1".15
nuz
10U'1
I1t."
"Ul
71.72
1t.16
54.31
'1.13
ZJ.Z'
.....n
31.11
lU'
".IS
R.cIid...dllJ Mald.r.mily Ilia I.rvfc:. r...' '-, ..ill (with City IIpproV1ll.)
TIUhmtCII - oommm:illl. sCJVic. at no:cdc:d, ~ ~.onIIIiJu:t mt.sdtodulcs
Recyclingonly-cltm:gllpcrunit(inllddiliontothctnshJ;ld.) 1.6'
hcycIing md Gt=tWIIIIII- chqll pcrunit (in IIddiIion to thc tnthmte) 1.77
Ove..wcipIBi"4UponlllpptoV1llbytheCity. I
1. Detcrmine1hentioofpoundspcrculricyDOJVCtthe11DpoundIIlmD~pc1'CI1bieyard..
2. Rali.o..UabJilha1heflllalbcrofhillltolllllwhm~ting1hcclwic,
V...1IieIIJ e....."I.r lerYk. ""Ie eaIc.l.tie.. I
1. Scicct1heooqlWlarbinaliz.that.COIRIIpmubwiththcmn.I.ir..onthcmlc1ablo:.
2. TMco.u:pKtionmtiWl.of1hecompaclorbcc:omcllthe1Ull:DbctofbinlllcMca:l(RDIIIple:4to1"'4bins)
3. Select 1he "Weekly I.i.t\I~ ot IcrYicI:' Jieqwmcy dlmcn by tIu:: IcnomIOl.
4. The couxw::rcilll. truh mte t.b1e i.dcntiJi... tIu:: appliceb1e ~Bui.e Scrvico~ rate fOf thdlcvci of service.
L7J
.....
C. INDUSTRIAL GENERATORS:
C.."".ter
LQG &; IND~ RATBS EFFECJ'IV (1Q04 CPI" 3.553% . 56.56% - 2.44%)
lJU" 199.5'
ReI..... (RatefOfuu1in(nuiaw:econWncnmo)
C.O.D. HAUL+D&LIV~B.Y+'1TONDISPOSAL
2004 SU'-" +131."1 +S1I4.61" 54,11."
200SSU'.I)'1+SJu,+snUS_S451.81
(Ho..ctr......DoIivwyColfl...1r..nlpa..1j
AayIriq....1..."'....oI._Ii...oI..upocba.
. DISPOSAL PER. TON (..d.des )'r..._:rec.l; AB'J9 Tu)
AD~I"'.trri._"'lIIf....~tbr.....tollr......-....
~~oIdI... iIuoto..-...mIi..wilt bopoaodlllroul:lllotho..,..mar.
A"'_<l10'Mo<l1ll....aInt"'l...mi....~IO...ic~...df..oI....r~"'~
11'.1tI
....1.0..
11'-0'1
451.11
40."
~U5
PWS Lynn ReI 200S PUW.Ratcl SQG LQG luly 25 as.xlI EXHIBIT 13
9-12
EXHIBIT G . PAGE 1
.a..tMdJ. 2'.05
SRVICE DESCRIPTION:
CHUU. VISTA lIIANCBIR . 21.5 KATE SCBED~
....BAns
....."...".a1MCI
32 Gill "'GIII- "GU
D. MISCELLANEOUS EOUlPMENT AND SERVICE RATES :
LARGE OUANTITY GENERATOR:
,.., BAns
O~er AIITOMAt.'llOIf1mL'llCl
s..... 31a.1 "'Gal "Gill.
o..~
.-.
LQa &: IND1JS'TR.IAL RATBS (2004 CPt - 3.6"3%.66.66% - 2.44%)
LHIt'.ellrtllbi..
..,. s.n
c..tIIi........p...... eII.pItI..ta." .....a oct..p (3t u,. ..dell nq..,t.... ..t $t.J,
.....Inti) I
DoI,,"1 d.dped.a SWYin (.,.. CII....... ",,'-9 P" VI ......
lUpIIIe_..13 y4 W. no.W.... ..... n,..r.I CI....... .b... !
~:,:.::::::::..----~I-
B.lty U..l'Ia.p C....rdIIII....Iri.a -ifcdh4I.... ....n I. ..VII.CI.fHrV6c. d.y f...
u.. SQG ~ ift thIt...n- _150 IbI. GIIIt"" pnpue4tor..c. hIndling with.hmcI
trIK:k. IfAOl,lDIybelubjlld 1II.lI2houdyHrYice. rile CoJ1oG1ion.oncycll.y othuthlnSQG
ro1Itocll.yforlM_ilchapll2 houdyrale. I
..lty It.. Pia.. f... M.........., (LQG).' 11_. re.. It ..U. .ntr.. lied" m ... ".n
in __ o(SQO taWlI eIIy for 1M 8reLltlllDl OWl: 60 IbI. mIIIt be pnpItIIIi forsWI hIndling
wiIh.hlndlrllct. rtnol,lDI)'btISllbjoclto.VZhoudy1'l1ll11tVicllta.Cou.ctiDnonanyday
otha:than.SQGlOII.lII day laru..UIIIo ill chaq:IPC 1I2houdynl.. Ad.diIianU.iteua _the"
p..l01lnitl-Eatitam I
bin pleklp Ir.... blek.. ncydi.ls..... (per .tI. ..1 ,...ee.W...,
I
D. MISCELLANEOUS EOUlPMENT AND SERVICE RATES : ~ontinuod)
I
Small Ouantitv Generators: SQG RA1'ES BPFECTIVE SEPTEMBER 1. 200S rncREASED
I
a.,lae_..t cut c...... PI, "'...." pi earl) d.. tI ...,..1" ealfl.... .b~ 77.22
I
B.lty Ite.Pla &.IIy ..nt.w 11'11.. ,...1/2 .....c... ...-set....... .......p tI 5 it-. 'If
It_cb.........51ea.t. I
T~""'1I1 J yd ca.llllI...t nlhh.d. ..II {1adad.1 ..... ..d 17 d.y IJaiI}
Additionald\ImpJ -._uLQGa:tn.pidc.upIIIII !
G..... w.... Cart :a..1II (1. '" ..1..." pi. c.rt.Jai.., .". a..tal ,.ri.d)
Splci.1 H..dl.. c...... I
CallBIICb/Non.chedalod-CllllomIirreqt1Cltod
CUstm.R.eqv.c:ltad Spccilll. ScrvicIi:up to S10.00tJ:aJt. .i.II.CIrt~
RatriallldAccall
C1tyNon.c~FtlII{C1tySIlftJapMcd)
($3. s..s. SlO.OO II spproprlata: for 1M litlll.tion)
TII.vbie., .Id C.....I.. M..Ita" c...bAd. pletap
SQG Bait,. Ia.. Plck.p rr.. llealcd II .. bin Ia. adYI.a .rs...vla day t... I' te 11 it.....
Per itanchaqe for _tIuIIO itIIDII. Item ova: 60 lbI. mIIIt bo pnpwcd (<n:: IIIfII JwuiIina: with II
handtuck. Itnot,.aaybtI.ubjcctto .1I2houdy.crvica t..Collccti.onOlllllyelly otlul1"thm
:=:::':.:":'::;~::::::-,","''''tr-
D. MISCELLANEOUS EOUlPMENT AND SERVICE RATES :~ontinu,d)
INDUSTRIAL :
.2.2.
4'.12 <I'"
U7.n .",.
...., .."
111 111
,.. 111
111 111
1.... it...
25.U
12L"
.....
LII
11."
11.0.
11.0.
111."
1U.
~II
....
'.11
3.0'
7S.00
'1.10
131.'"
...31
1."
11."
~U'
1U.
1....
It.''
.."
1"
100
LQO &: INDUSTlUAl. RATES EP'FE (2004 CPI- 3.6.53%.66.66% _ 2.44%)
B.Ik}' lie. Ka.IIy S.nia bfl- pi" 1/2 .....
Ca.pac=ter C..IIII.... Wu. O.t
1l.._d...rdl.c..taI....
Dry h. a..... .5.% at". Hall &ate
B.II..rrDallvwy C"rp (ialdll dellnry ..1,.. Ilb"qu.t deb'r de ..1 1M clla.....)
w..rrc..w.... DIlly JUsW c...... (Aftlr17 uys)
B.lky It.. PI. .p C....rdaUI.d.'Iri.I.lfClllldl.... iI..n I. .dy..Cf.fllt'Yk. day f.r
tIuI SQO to'"" in tJud sra.ltomt ovv 60 1bI. IDlIt h pnp&{cd (0{ IIICo hladl.in(wiib.aharul
truck. Ifn.ot,IDIyt!lIlubjIlCtIllS2Spl:thalfhourlCYil:afca.CoUcctim1olllf1ydayotha:than
SQO rouIII day forthtl_w dwgod BulkyItcmHourly~tlllapll(' 1I2holll:.
S...Day SIma RIq..t..tl3:H....
Dill r. ..dP_.N_.wC..taia....
SDecial EveRts:
TnshBiD,aadt
RocyaIUI.rBin,each.
96 ar64 pIIonClrt
~&dBox
25.U 26.25
77.21 7M.
77.22 7U'
:JL4:I
'-3." "'.54
3:2.1'
3."
'.11
..U5
115."
n."
lU.
S.OI
1"
1"
..us
21.0.
1.....
IU.
lU.
~OO
PWS LynnRO :roo:! Final Rata SQO LQOluly 260S.x1I f!XH1BIT 0
9-13
EXHIBIT 0 . PAOB 2
Notl: ~I'! ..uRantalands.w:.Ratamukod'lrilh'NO~w:ill.lHstartha' aJUIIIII.66.56%CPI 'UItrn.ur,ffectiva 1 200~
_n.otyet1ll.
RESOLUTION NO. 2005-_
APPROVING THE ADDITION OF A "DAILY IMPOUND RATE" TO THE
AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT
- EXHIBIT G RATE SCHEDULE.
WHEREAS, the City of Chula Vista experiences problems with non-franchised waste
hauling companies almost daily due to the rapid growth and increasing redevelopment activities
in the City; and
WHEREAS. upon each infraction, City staff contacted the company, explained the
municipal code and franchise agreement and requested that the boxes or containers be
removed by the next business day; and
WHEREAS, due to the franchise agreement with Allied Waste Services, ChuJa Vista
continues to benefit from one of the lowest roll-off bin rates in the County; and
WHEREAS, in an effort to address the issues the proposed new daily impound rate of
$20 for storing roll off bins will serve as an incentive to expedite retrieval of the non-franchise
bins as well as discourage reoccurrences; and
NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby approve the addition of a "Daily Impound Rate" to the Amended and Restated Solid
Waste Franchise Agreement - Exhibit G Rate Schedule.
Presented by
Jack Griffin
Director of General Services
9-14
CmlLA VJST.\FR.\NC1l1SZ - ztlJAATI:SCIICDULE
RmHUalJ'Z'.O$
:lERVJCEDESCJU ON: n... RATES JHS1L\TES
I .\111'O)I.U10ffa:R'l1C& Olhrll~1I'T(DUno."'SIUC\ItCI Ol'c,
31ar' H." nGIII 5n'Yk. 31G... ,",cat "co.t .......
A. SMALL OUANTITY GENERATOR, SQO RATES EFFeC'T1VE SEP'reMBI!a. l,. ~OQJ INCUASI!D
a_d..Ib'~.._'."'1 11.$' I~JI "... 11.7$ 15.11 11.'1
Addld..IIICltl ,... '""
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ltu..... s.m1Et: Chrc. usa n."
bin trIIllI Icl..1I .11 pi eqd...lc.' ,... J.I~
''''IMidntn 31 Clllo_l,mi.. I... 1.11
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Raidlalbl.Mald.r..ilyapl.,..itl I1S0 IUI ..... 11.1$ '''' IMI
ahWI.n...l'cllla.nlrll.....do 11",,0 1.&.'1 ...., U.1S ,'-" 17.91
C...rtd"'udaalriol SQG
OIlC 111M w=kly OA raidmtirllrMCI: day tot tII. I11'III ..'" ,..." ...., 11.1$ '''' 17.91
AiWiliONl NIl ,... ,-"
n. LARGE OUi\NTITY GENER.-\TORS : LQO&.IND\JS11I.W. R.\T!S!m!C'rM ~CPI.).6SJ~~.6Ii,156","2..lom)
(SEE ATI'.\CIIEDSC:UEDIJLES FOR DET,\ILtD 'RICING IIIATaa D"UIN SIZES .\NDSERVICt LEVEU}
IXZYDXIIWKIASICJE1\VICE '1.17 '1."
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B. LARGE OUANTITY GENERATORS: (continued)
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1,73
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C. INDUSTRIAL GENERATORS ,
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I'WS Lynn ItO :!iII)S 1"II1II Rala SQO LQG Jldr ~6 OJ 1t.'=I-lInrt 0
E:\1fIBrra. PAGE I
9-15
a..i......l.lyl' os
SERV1CE DESCJW>TION:
CIUIL.\VtST.\F'R.\NCIUSE.2U$R..\.T!.SCJltDULE:
I
IOU RATES
~tITO)t.\nal'fmR\-1a:
nGd UG.I "e.1
D. MISCELLANEOUS EOIDPMENT olND SERVICE RATES,
LARGE OUANTITY GENERATOR,
1005JL\TtS
O"'~r .UlTOmno:f stK\ItCE
Scniu 31e.1 ,",G.I HGaI
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SQO RATBS EPFE.CT[VE SEPmm!R t, 100J Il-'CREASED
I
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nolty he", Plet Undy Hr\iea nil', II"' In ~nrr.r .....sehcL.l.dlll'l'in 'plo oS II'au.l'u
11_ 1'011'..... ~ ilmu. I
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'~l"r:I.IO..dII.CC"'rr.'" I
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RcJIricCc<i A<<aI
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pa'IOllllib.Elldlilaa I
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D. MISCELLANEOUS EOUIPMENT AND SERVICE RATES :/Col1linucrl)
I
Small OUalttlh' GcnCrJIOr.!l:
T"'..i:n.....dC...p.lrrM..II.nurfnhl'pict.p S-IKI
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D. MISCELLANEOUS EOUlP!\IENT AND SERVICE RATES :!('ootLuucd)
INDUSTRIAL,
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rW$I.)"IIII RO :'005 FiAAI RIlla SQO I.QG lalr~' OJ 1D.111B1T 0
E."fU~T..:: 1 rSoE ~
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE,
CHAPTER 8.24 !j 8.24.070 TO INCLUDE THE
ABATEMENT PROCESS FOR NON-FRANCHISED WASTE
HAULERS' NUISANCE ROLL-OFF BOXES AND
CONTAINERS PLACED WITHIN THE CITY BOUNDARIES.
WHEREAS, the City has previously adopted Ordinance No. 8.24.070, as
amended, pertaining to Solid waste - Collection prohibited when - Burning
prohibited; and
WHEREAS, in an effort to address issues with non-franchised companies
staff is recommending modifications to Chula Vista Municipal Code 8.24.070; and
NOW, THEREFORE, the City Council of the City of Chula Vista does
hereby ordain as follows:
SECTION I: That Section 8.24.070 of the Municipal Code be amended to read
as follows:
8.24.070 Solid waste - Collection prohibited when - Burning prohibited.
A. No person shall collect, remove or convey, or cause or permit to be
collected, removed or conveyed, any residential, commercial or industrial
solid waste, recyclables, yard waste or other compostables upon or along
any public street, alley or any other public place in the city; provided,
however, the prohibitions of this section shall not apply to authorized
employees of the city, or to any person or firm or employees thereof, with
whom the city or a local school district has entered into a contract or
franchise for the collection, removal or conveyance of solid waste,
recyclables, yard waste or other compostables or the occupant or owner
of any residence personally removing their own solid waste from said
residence or commercial establishment or as may otherwise be permitted
or required by federal or state laws that legally supersede the provisions of
this chapter and all local state and federal regulation regarding the safe
transportation and disposal of wastes.
B. Any container placed within the boundaries of the City in violation of this
section shall be deemed a nuisance. The City Manager or Designee shall
have the authority to cause the abatement thereof in accordance with the
procedure prescribed in this section. When the Council has granted a
franchise pursuant to CVMC Chapter 8.23 the City Manager or Designee
shall authorize the franchisee to enter upon private property or public
property for purposes of causing the abatement of such nuisance, in a
manner consistent with United States and California Constitutions, to
cause the abatement of such nuisance. Upon notification from the City
9-17
.
Manager or Designee of a violation of this section, franchisee may at
franchisee's option, remove any container placed within the boundaries of
the City in violation of this section, dispose of the contents thereof, and
store the container at franchisee's place of business. Franchisee shall
promptly mail written notice of its actions to the owner of the container with
a copy to the City and advise how the owner may recover the container.
Franchisee may bill the owner of the container for transportation, disposal
costs, and daily impound fees, as prescribed in the rate schedule
established from time to time by resolution of the City Council. All
amounts due to the franchisee for transportation, disposal and storage
must be paid in full before the owner may recover the container. If the
owner does not recover the container within 60 days of the date of the
notice of the abatement, the container shall be determined to be
abandoned, at which time it shall become the property of the franchisee.
The action abating the nuisance may be appealed by the filing of a written
notice of appeal in the office of the City Manager within 10 days of the
date of written notice thereof. The time and place for hearing the appeal
will be set as soon thereafter at the convenience of the parties. The
decision of the City Manager shall be final.
C. It is unlawful for any person to burn or bury any solid waste as a means of
disposing of said waste. ..
SECTION II: This ordinance shall take effect and be in full force on the thirteenth
day from and after its second reading and adoption.
Presented by
Approved as to form by
~11~\\ rhf~\\
Ann Moore
City Attorney
Jack Griffin
Director of General Services
.
9-18
~
:tj9
619/239-2611
LAW OFFICES OF LOUIS E. GOEBEL
110 West A Street, Suite 600
San Diego, California 92101
E-mail: rmm@goebellaw.com
000
FAX 619/239-4269
March 14,2006
City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
VIA HAND DELIVERY
Re: Proposed modification to CVMC 8.24.070
Honorable Council Members:
Our office represents Tomy Stenvall, owner of Amswede Corp., which recycles building
materials. Mr. Stenvall objects to the proposed modification of Chula Vista Municipal
Code Section 8.24.070 on several grounds. The proposed changes would allow a private
party to enter onto the private land of another and seize private property. This would
constitute an impermissible delegation of government power to a private party and is an
arbitrary and unlawful government action.
The result would be unconstitutional takings of private property without just
compensation or due frocess oflaw. The changes also would violate Federal Civil Rights
and the rights to equa protection of the law.
For these reasons, and any additional basis added at the City Council hearing tonight, we
request that the proposed Municipal Code changes not be adopted.
We request that this letter be placed in the administrative record.
Very truly yours,
LAW OFFICE OF LOUIS E. GOEBEL
~ /' zh ~,.
(/ f--&-~,-if/?/. ~ ~;%~
Robert M. Miller
Attorney at Law
rmm
cc: Lynn France (Via fax 397-6363)
Tomy Stenvall
CITY COUNCIL AGENDA STATEMENT
Item: /0
Meeting Date: 03/14/06
ITEM TITLE:
Public Hearing: Zoning Ordinance Amendment PCA-06-01, a proposal to
amend the Chula Vista Municipal Code (CYMC) to regulate the brewing and
distilling ofliquors in the Limited Industrial (I-L) zone. Applicant: City of
Chula Vista.
SUBMITTED BY:
Ordinance of the City Council of the City of Chula Vista adding section
19.44.040Q to the Chula Vista Municipal Code to allow and regulate the
small scale brewing or distilling of liquor, and amending 19.44.050 to
prohibit the brewing or distilling ofliquors except for businesses requiring a
Type 23 license from the Department of Alcoholic Beverage Control within
the Limited Industrial (I-L) zone in the City of Chula Vista.
Director of Planning and Building ~
City Manager jJ ~ J7 R
REVIEWED BY:
The proposal is to allow for the brewing and distilling ofliquors with a conditional use permit in the
Limited Industrial zones.
The Environmental Review Coordinator has reviewed the proposed ordinance amendment for
compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity may have significant effect on the environment; therefore,
pursuant to Section 15061(b)(3) (General Rule) of the state CEQA Guidelines the activity is not
subject to CEQA. Although environmental review is not necessary at this time, environmental
review will be required prior to the approval of any development entitlements including, but not
limited to, future site development plans and conditional use permits.
RECOMMENDATION:
That the City Council adopts the ordinance adding Section 19.44.040Q and amending Section
19.44.050 of the Chu1a Vista Municipal Code to conditionally allow the brewing and distilling of
liquors within the Limited Industrial zones of the City of Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on January 25, 2006 and voted 5-0-1 to
recommend approval of the proposed amendments to the Zoning Ordinance conditionally permitting
the brewing and distilling ofliquors with the Limited Industrial zones of the City of Chula Vista.
Attached is the Planning Commission resolution and the minutes from their hearing.
10-1
Page 2, Item No.:
Meeting Date:
10
3/14/06
DISCUSSION:
1. Background
.
The item presented is the result of a request from two individuals seeking to establish a micro
brewing plant in the City of Chula Vista. On July 8, 2005, Bay Bridge Brewery applied for a
business license to operate a small brewing facility at 779 Anita Street. Subsequently, the business
license was denied by the Planning Department because the Municipal Code currently prohibits the
brewing or distilling of liquors within the Limited Industrial Zone (I-L), which is the zoning
designation for 779 Anita Street.
After further discussion, City staff concluded that establishing microbreweries within the City's
limits would be one way to facilitate "home grown" businesses and is a worthy economic
development effort. The issue could be addressed with a minor adjustment to the Zoning Ordinance.
.
2. Analysis
After review of the proposed microbrewery request by Bay Bridge Brewery, staff concluded that
amending the Municipal Code to conditionally allow the small scale brewing and distilling ofliquors
within the I-L zone is an appropriate land use. Using a comparative land use analysis, staff is
confident that the operational profile of small scale brewing and distilling of liquors is similar in
nature to other conditionally permitted uses within the IL zone. Other conditionally permitted land
uses in the I-L zone include machine shops, steel fabrication businesses, synthetics manufacturing,
and major auto repair including paint and body shops
In determining how the I-L zone should be amended, staff consulted the State Department of
Alcoholic Beverage Control (ABC) to see what additional regulations they have for such businesses.
Attached is a list of type oflicenses ABC issues. Staff believes it would be beneficial to use the
ABC licensing types to further clarify the types of businesses permitted or prohibited.
.
The proposed ordinance amendment involves amending two sections of the Municipal Code. The
first involves amending 19.44.050(9), prohibiting "Brewing or distilling of liquors except those
requiring a Type 23 (See Attachment 2) ABC license." Type 23 licenses allow for small
microbreweries that typically are dedicated solely to the production of specialty beers with the option
of having a small restaurant or pub limited to 60,000 barrels of beer per year. To put this production
amount in perspective, other local breweries with Type 23 licenses include Karl Strauss Breweries
with an annual output of 15,000 barrels/year and Ballast Point Brewing with an annual output of
6,000 barrels/year.
The second amendment involves the addition of 19.44.040Q that will list "Brewing or distilling of
10-2
Page 3, Item No.:
Meeting Date:
IV
3/14/06
liquors requiring a Type 23 ABC license" as a conditionally permitted use in the Limited Industrial
Zone. Please see attached item #4 for further clarification and details.
In order to minimize local impacts ofthese land uses, close coordination between The City of Chula
Vista planning staff and local ABC district offices is important. Requiring approval of a conditional
use permit would give City staff opportunity to conduct environmental review and discretion to
regulate issues of, but not limited to, hours of operation, number of employees, noise, odor and
aesthetics.
CONCLUSION:
Staff recommends Council adopt the ordinance that will provide the procedures and regulations for
microbreweries in the City of Chula Vista.
FISCAL IMPACT: None.
Attachments
1. Strike-out version of the ordinance
2. Planning Commission resolution
3. Type 23 ABC Licenses
4. Planning Commission Minutes of 1/25/06
J:IPlanninglCase Files\'{)6 (FY OS'{)6)IPCAIPCA'{)6'{)IICC Agenda Statemenldoc
10-3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING SECTION 19.44.040Q TO THE
CHULA VISTA MUNICIPAL CODE TO ALLOW AND
REGULATE THE SMALL SCALE BREWING OR DISTILLING
OF LIQUOR, AND AMENDING 19.44.050 TO PROHIBIT THE
BREWING OR DISTILLING OF LIQUORS EXCEPT FOR
BUSINESSES REQUIRING A TYPE 23 LICENSE FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE
CITY OF CHULA VISTA.
WHEREAS, the Chula Vista Municipal Code currently prohibits all brewing or distilling
of liquors in the I-L zone; and
WHEREAS, the operational profile of small scale brewing and distilling ofliquors is
similar in nature to other conditionally permitted uses in the I-L zone; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
ordinance amendment is exempt pursuant to Section 15060(b)(3)(General Rule) of the State
CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25,
2006, and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the City's Zoning Ordinance.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION L That Section 19.44.040 of the Chula Vista Municipal Code is amended to read
as follows:
19.44.040 Conditional Uses.
Conditional uses permitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CYMC 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions ofCYMC 19.58.120;
10-4
F. Major auto repair, engine rebuilding, and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
1. Building heights exceeding three and one-half stories or 45 feet;
J. Unclassified uses, as set forth in Chapter 19.54 CYMC;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods
and retail uses which are related to and supportive of existing, on-site retail distribution centers
of manufacturers' outlets. Conditional use permit applications for the establishment of retail
commercial uses, covered by the provisions of this subsection, shall be considered by the city
council subsequent to its receipt ofrecommendations thereon from the planning commission;
N. Roof-mounted satellite dishes, subject to the standards set forth in CYMC 19.30.040;
.
O. Recycling collection centers; subject to the provisions ofCYMC 19.58.345;
P. Hazardous waste facilities, subject to the provision of CYMC 19.58.178;
Q. Brewing or distilling ofliquors requiring a Type 23 Alcoholic Beverage Control License;
Conditional use permit applications for the newly listed use in this section shall be considered
and approved by the zoning administrator.
SECTION II
That Section 19.44.050. of the Chula Vista Municipal Code is amended to
read as follows:
19.44-050 Prohibited uses and processes.
Prohibited uses in an 1-L zone include:
A. Manufacturing uses and processes involving the primary production of products from
raw materials, including the following materials and uses:
1. Asphalt, cement, charcoal and fuel briquettes,
.
2. Rubber, chemical and allied products, and soap and detergents,
10-5
3. Coal, coke and tar products and the manufacturing of explosives, fertilizers,
gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks and explosives,
7. Industrial metal, waste rage, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Bre'7:~g Sf GistilliHg efliEf'1i8fS Of perfume ffianafaetari.Bg;
9. Brewing or distilling of liQuors exceot for businesses reQuiring a Tvpe 23
licenses from the Deoartment of Alcoholic and Beverage Control or perfume
manufacturing.
B. The following processes: nitrating of cotton or other materials; foundries; reduction,
refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores;
refining of petroleum products; distillation of wood or bones; storage, curing or tanning
of raw, green or salted hides or skins; and grain milling;
C. Any other use which is determined by the commission to be of the general as the
above uses.
SECTION IlL This Ordinance shall take effect and be in fUll force on the thirtieth day from and
after its adoption.
Submitted by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
Ann Moore
City Attorney
J :\Planning\Case Files\-o6 (FY 05-06)\PCA \PCA-06-01 \Ordinances\PCA-06-01_ Ordinance.doc
10-6
RESOLUTION NO. PCA-06-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE ADDING SECTION 19.44.040Q TO THE CHULA VISTA
MUNICIPAL CODE TO CONDITIONALLY ALLOW AND REGULATE
THE SMALL SCALE BREWING OR DISTILLING OF LIQUOR, AND
AMENDING 19.44.050 TO PROHIBIT THE BREWING OR DISTILLING
OF LIQUORS EXCEPT FOR BUSINESSES REQUIRING A TYPE 23
LICENSE FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE
CITY OF CHULA VISTA.
WHEREAS, the City of Chula Vista has been approached by an Bay Bridge Brewing
Company who is interested in establishing a microbrewery at 779 Anita Street; and
WHEREAS, the Chula Vista Municipal Code currently prohibits all brewing or
distilling ofliquors in the I-L zone; and
WHEREAS, the operational profile of small scale brewing and distilling of liquors is
similar in nature to other conditionally permitted uses in the I-L zone; and
WHEREAS, the Environmental Review Coordinator has determined that the
proposed ordinance amendment is exempt pursuant to Section 15061(b)(3)(General Rule) of
the State CEQA Guidelines; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely January
25,2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows:
1. That well regulated micro brewing facilities can be of economic benefit to the
community, and
2. Said uses can be adequately regulated through a zoning administrator conditional use
permit, and
3. Recommends that the City Council adopt the ordinance as shown in Attachment "A".
10-7
Page 2
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNIN"G COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of January, 2006, by the following vote, to-
~t .
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
Diana Vargas
Secretary to Planning Commission
.
.
10-8
19.44-040 Conditional Uses.
Attachment "A"
Conditional uses permitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CYMC 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions ofCVMC 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
1. Building heights exceeding three and one-half stories or 45 feet;
J. Unclassified uses, as set forth in Chapter 19.54 CVMC;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers' outlets which require extensive
floor areas for the storage and display of merchandise, and the high-volume,
warehouse-type sale of good and retail uses which are related to and supporting of
existing, on-site retail distribution centers of manufactures' outlets. Conditional
use permit applications for the establishment of retail commercial uses, covered
by the provisions of this subsection, shall be considered by the city council
subsequent to its receipt of recommendations thereon form the planning
commission;
N. Roof-mounted satellite dishes, subject to the standards set forth In CYMC
19.30.040;
O. Recycling collection centers, subject to the provisions ofCVMC 19.58.345
P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178.
Q. Brewing or distilling of liquors requiring a Type 23 Alcoholic Beverage Control
License
10-9
.
Page 4
19.44-050 Prohibited uses and processes.
Prohibited uses in an I-L zone include:
.
A. Manufacturing uses and processes involving the primary production of products
from raw materials, including the following materials and uses:
1. Asphalt, cement, charcoal and fuel briquettes,
2. Rubber, chemical and allied products, and soap and detergents,
3. Coal, coke and tar products and the manufacturing of explosives, fertilizers,
gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks and explosives,
7. Industrial metal, waste rage, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
.
9. Brewing or distilling of liquors except for businesses requiring a Tvpe 23
licenses from the Department of Alcoholic and Beverage Control or perfume
manufacturing.
B. The following processes: nitrating of cotton or other materials; foundries;
reduction, refining, smelting, alloying, rolling, drawing and extruding of metal or
metal ores; refining of petroleum products; distillation of wood or bones; storage,
curing or tanning ofraw, green or salted hides or skins; and grain milling;
C. Any other use which is determined by the commission to be of the general as the
above uses.
10-10
Department of Alcoholic Beverage Control
COMMON ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
State of California
ABC-13'6 (4/04)
BEER MANUFACfURER - (Large Brewery) Authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed
premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for
consumption at a bona fide pubHc eating place on the manufacturer's licensed premises or at a bona fide
eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under
s cified conditions Section 23357.3 . Minors are allowed on the remises.
WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding alicense
authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold.
Authorizes the sale of all wines and brandies, regardless of source, to consumers for conswnption on the
premises in a bona fide eating place that is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess
wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating
place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are
allowed on the remises.
OFF SALE BEER & WINE - (package Store) Authorizes the sale of beer and wine for consumption off
the mises where sold. Minors are allowed on the remises.
OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for
consum tion off the remises where sold. Minors are allowed on the remises.
SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and
restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro--brewery
is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers,
althou some do have a restaurant or ub on their manufacturin lant
ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises
where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however,
sandwiches or snacks must be available. Minors are allowed on the remises.
ON SALE BEER & WINE -EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises (except
brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed
premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal
meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. -
9:00 a.m., II :00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week
must serve meals on the da s th are 0 . Minors are allowed on the remises.
ON SALE BEER & WINE - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine
for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are
not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not
uired.
ON SALE GENERAL - EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled
spirits for consumption on the licensed premises. Authorizes the sale of beer and ~ine for consumption off
the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must
make actual and substantial sales of meals, during the normal meal hours that they are open, at least five
days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.rn. - 9:00 p.m.
Premises that are not open five days a week must serve meals on the days they are open. Minors are
allowed on the remises.
ON SALE GENERAL - PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and
distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5
for exc tion, musicians. Food service is not re uired.
ON SALE GENERAL - SEASONAL - Authorizes the same privileges and restrictions as provided for a
Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the
license certificate.
~<r.t.m[J('..,)-
:f ~:: %.
~L . D~
-r..i'~","' ~u
T(': ."-. !t:'
("'OI1'OLA.~'O
10-11
.
.
ABC-616 (4/04)
CLUB - Authorizes the swe of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are
aUowed on the remises.
VETERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to memhers and guests only,
for consumption on the premises where sold. Authorizes the swe of beer and wine, to members and guest
only, for conswnption off the licensed premises. Food service is not required. Minors are allowed on the
remises.
SPECIAL ON SALE GENERAL - Gen.r.lIy issued to certain organizations who cannot qualify for club
licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests
only, for consumption off the licensed premises. Food service is not required Minors are allowed on the
remises.
ON SALE BEER AND WINE - SEASONAL - Authorizes the same privileges as a Type 41. Issued for a
s ecific season. Inclusive dates of 0 eration are listed on the license certificate.
ON SALE BEER - SEASONAL - Authorizes the sale of beer only for consumption on or off the
premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license
certificate. Wine or distilled s irits ma not be on the remises. Minors are allowed on the remises.
ON SALE BEER PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for
consumption on or off the licensed premises. Wine or distilled'spirits may not be on the premises. Minors
are not allowed to enter and remain wamin si re uired . Food service is not re uired.
BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or
wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer
or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the
wine shall be included in the price of the ovemight transient occupancy accommodation. Removal of wine
from the unds is not Otted. Minors are allowed on the remises.
ON SALE GENERAL - RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine
and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy
guests or their invitees. This license is normaJly issued to "suite-type" hotels and motels, which exercise
the license rivile es for ests' "com limen .. ha hOUf. Minors are allowed on the remises.
ON SALE GENERAL - BREWPUB - (Restaurant) Authorizes the ,we of beer, wine and distilled spirits
for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the
sale of beer and wine only for consumption off the premises where sold. Minors are allowed 00 the
remises.
BED AND BREAKFAST INN - GENERAL - Authorizes the sale of beer, wine and distilled spirits
purchased trom a licensed wholesaler or winegrower only to registered guests of the establishment for
consumption on the premises. Alcoholic beverages shaII not be given away to guests, but the price of the
alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation.
Removal of alcoholic bevera es from the ooods is not ermitted. Minors are allowed on the remises.
~~~.,,,,,o~.,>o
::; ",>_ 'to
~L_,;~ D~
" .;:j
7<( '" ~
("oI1'Ol,.:r.:O
10-12
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, January 25, 2006
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER:
Members Present:
Member(s) Absent:
Madrid, Felber, Bensoussan, Nordstrom, Tripp
Horn
PLEtlGE OF ALLEGIANCE AND MOMENT OF SILENCE.
APPROVAL OF MINUTES:
November 16, 2005.
MSC (Madrid/Felber) (5-0-1-0) to approve minutes as
submitted with noted corrections. Motion carried.
INTRODUCTORY REMARKS: Read into the record by Chair Madrid.
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: PCA 06-01; Proposal to amend the Chula Vista
Municipal Code (CVMC) to regulate the brewing and
distilling of liquors in the Limited Industrial (I-L)
Zone. Applicant: City of Chula Vista.
Background: John Schmitz reported that this item is before the Commission as a
result of two individuals who applied for a business license seeking to operate a small
brewing facility at 779 Anita Street. Subsequently, the business license was denied
because the Municipal Code currently prohibits the brewing or distilling of liquors within
the I-L Zone.
Staff determined that with a minor adjustment to the Zoning Ordinance, the
establishment of micro-breweries would facilitate "home-grown" businesses and would
be a worthy economic development effort.
The two-part amendment involves first, amending Section 19.44.050(9), prohibitihg
brewing or distilling of liquors except those requiring a Type 23 ABC license. Type 23
licenses allow small micro-breweries that typically produce specialty beers with the
option of having a small restaurant or pub and cannot exceed more than 60,000 barrels
of beer per year.
10-13
Planning Commission Minutes
-2-
January 25, 2006
21:02 PM At such time that the ordinance amendment is approved, the applicants intend to
submit a Conditional Use Permit application.
.
Staff Recommendation: That the Planning Commission recommends to the City
Council the adoption of the ordinance adding Section 19.44.040Q and amending
Section 19.44.050 of the Chula Vista Municipal Code to conditionally .allow the brewing
and distilling of liquors within the Limited Industrial Zones of the City of Chula Vista.
Commission Questions I Comments:
Cmr. Bensoussan asked:
. What defines a micro vs. macro brewery.
. Is 779 Anita Street within the Redevelopment Area; if so, would the Planning
Commission be excluded from the review process and would it be done by the
CVRC; and
. Does the applicant intend to include a pub in his proposal
John Schmitz responded that the ABC Board defines a microbrewery as one that
produces less than 60,000 barrel per year. Karl Strauss, for example, has an annual
output of approximately 15,000 barrels.
Mr. Schmitz further stated that the site is not within the Redevelopment Area, but if it
were, the CVRC would review the Conditional Use Permit and make a recommendation
to the RDA.
Mr. Schmitz stated that the 779 Anita St. site would be the production facility, that
would supply the restauranUpubs that are planned in the future.
Cmr. Tripp inquired if the Planning Commission would have the ability to condition the
CUP, and if so, would it be limited to land use matters and not something that is under
the purview of the ABC Board.
Mr. Schmitz responded that if the Commission can make the findings that this use does
not violate the General Plan requirements, is not detrimental to surrounding land uses,
you can craft any Condition of Approval you deem appropriate to help meet those
standards. .
Cmr. Tripp pointed out that the ABC Board has authority for regulating ABC permits,
therefore, as a recommendation to staff, perhaps it would be helpful to the Planning
Commission to receive training on what is the scope of the Planning Commission's
authority relative to these types of uses that are also regulated by the ABC Board.
John Mullen further clarified that the City is preempted from regulating the distribution
and sale of alcohol, however, it still has land use authority for the Conditional Use
Permit process.
10-14
Planning Commission Minutes
- 3-
January 25, 2006
6:31:42 PM PUBLIC HEARING OPENED.
Doug Chase, 2322 Spanish Bay Road, future applicant, stated he was available to
answer questions.
Cmr. Bensoussan asked what was the anticipated production and whether they plan
to establish a pub/restaurant.
Mr. Chase responded that their plans are to open three restaurants within a five-year
period. The locations they are considering is east Chula Vista, downtown Chula Vista,
the Gaslamp District and possibly one in Coronado. As mentioned earlier, the Anita
Street site would be for manufacturing and distribution. In terms of production, an
average brew-pub produces approximately 700 barrel per year. Mr. Chase and partner
would be extremely pleased if they produced 1,000 barrels for each of their restaurant.
Cmr. Nordstrom inquired if there are any plans to sell at local supermarkets, or would
their production be solely for the restaurants.
Mr. Chase responded that it would be strictly for the restaurants because the nature of
the beer distribution business is very challenging and complex.
6:35:53 PM PUBLIC HEARING CLOSED.
Cmr. Nordstrom congratulated Mr. Chase, bid him the best of luck in his future
business endeavors and stated that this is the type of business we need in the City; a
home-grown product sold in local restaurants.
6:36:07 PM MSC (Felber/Nordstrom) (5-0-1-0) that the Planning Commission recommends to
the City Council the adoption of the ordinance adding Section 19.44.040Q and
amending Section 19.44.050 of the Chula Vista Municipal Code to conditionally
al!ow the brewing and distilling of liquors within the Limited Industrial Zones of
the City of Chula Vista Motion carried.
10-15
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING SECTION 19.44.040Q TO THE
CHULA VISTA MUNICIPAL CODE TO ALLOW AND
REGULATE THE SMALL SCALE BREWING OR DISTILLING
OF LIQUOR, AND AMENDING 19.44.050 TO PROHIBIT THE
BREWING OR DISTILLING OF LIQUORS EXCEPT FOR
BUSINESSES REQUIRING A TYPE 23 LICENSE FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE
CITY OF CHULA VISTA.
WHEREAS, the Chula Vista Municipal Code currently prohibits all brewing or distilling
ofliquors in the I-L zone; and
WHEREAS, the operational profile of small scale brewing and distilling of liquors is
similar in nature to other conditionally permitted uses in the I-L zone; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
ordinance amendment is exempt pursuant to Section 15060(b)(3)(General Rule) of the State
CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25,
2006, and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the City's Zoning Ordinance.
NOW, THEREFORE, the City Council ofthe City ofChula Vista does hereby ordain:
SECTION I That Section 19.44.040 of the Chula Vista Municipal Code is amended to read
as follows:
19.44.040 Conditional Uses.
Conditional uses permitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CVMC 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions of CVMC 19.58.120;
10-16
F. Major auto repair, engine rebuilding, and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
1.
. J.
K.
L.
Building heights exceeding three and one-half stories or 45 feet;
Unclassified uses, as set forth in Chapter 19.54 CYMC;
Trucking yards, terminals and distributing 'operations;
The retail sale of such bulky items as furniture, carpets and other similar items;
.
M. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods
and retail uses which are related to and supportive of existing, on-site retail distribution centers
of manufacturers' outlets. Conditional use permit applications for the establishment of retail
commercial uses, covered by the provisions of this subsection, shall be considered by the city
council subsequent to its receipt ofrecommendations thereon from the planning commission;
N. Roof-mounted satellite dishes, subject to the standards set forth in CYMC 19.30.040;
O. Recycling collection centers; subject to the provisions ofCYMC 19.58.345;
P. Hazardous waste facilities, subject to the provision ofCVMC 19.58.178;
Q. Brewing or distilling ofliquors requiring a Type 23 Alcoholic Beverage Control License;
Conditional use permit applications for the newly listed use in this section shall be considered
and approved by the zoning administrator.
SECTION II.
That Section 19.44.050. of the Chula Vista Municipal Code is amended to
read as follows:
19.44-050 Prohibited uses and processes.
Prohibited uses in an 1-L zone include:
A. Manufacturing uses and processes involving the primary production of products from
raw materials, including the following materials and uses:
1.
Asphalt, cement, charcoal and fuel briquettes,
2.
Rubber, chemical and allied products, and soap and detergents,
.
10-17
3. Coal, coke and tar products and the manufacturing of explosives, fertilizers,
gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks and explosives,
7. Industrial metal, waste rage, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Brewing or distilling ofliquors except for businesses requiring a Type 23
licenses from the Department of Alcoholic and Beverage Control or perfume
manufacturing.
B. The following processes: nitrating of cotton or other materials; foundries; reduction,
refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores;
refining of petroleum products; distillation of wood or bones; storage, curing or tanning
of raw, green or salted hides or skins; and grain milling;
C. Any other use which is determined by the commission to be of the general as the
above uses.
SECTION III This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by
Approved as to form by
James D. Sandoval, AJCP
Planning and Building Director
oore
. y Attorney
J _\Planning\Case Files\-06 (FY 05-06)\PC A \PC A.06...()! \On.linances\PCA.06-01_0rdinance.doc
10-18
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 03/14/2006
ITEM TITLE:
Resolution Appropriating $1,550,000 to the Interstate-805/0Iympic
ParkwaylEast Orange Avenue Interchange Project (STM-328) trom the Available
Balance of the Transportation Development Impact Fee (TDIF) Fund
Resolution Appropriating $400,000 to the Interstate-805/Main
Street!AutoPark Drive Southbound and Northbound On-Ramps Project (STM-351)
from the Available Balance of the TDIF Fund
Resolution Authorizing the Director of Public Works Operations to Execute
Any and All Change Orders (Including Quantity Adjustments to Base Bid Items)
Necessary to Complete the Construction Contract for the Interstate-805/Olympic
ParkwaylEast Orange Avenue Project (STM-328), Excluding Change Order Numbers
22 and 23 for Main Street Southbound and Northbound On-Ramp Improvements
SUBMITTED BY:
Resolution Authorizing the Director of Public Works Operations to Execute
Final Change Order Numbers 22 and 23 for the Main Street Northbound and
Southbound On-Ramp Improvements (STM-351), respectively
Acting Director ofEngineering~ J A ~
Director of Public Works Operatio~/ r
City Manager ,{i) (4/Sths Vote: Yes.x.No~
REVIEWED BY:
In July 2001, the City Council directed the acceleration of traffic projects to enhance traffic flow in and out of
the City. As a result of that action, over the last four-and-a-half years, the City has undertaken five extensive
transportation projects including three interchanges and two major streets along 1805. These projects
represent a total investment of approximately $35,000,000 and have required successful partnerships
involving the City of Chu1a Vista, Caltrans, the Federal Highway Administration, SANDAG and the
Development Community. The magnitude, scope and complexity of this endeavor has exceeded any City
undertaking involving transportation initiatives to date. The completion of the "I-805IEast Orange
A venue/Olympic Parkway Interchange Improvements" and "I-805/Main Street Interchange" Projects (STM-
328 and STM-351, respectively) early this year was recognized in a multi-agency commemorative ceremony
on February 7, 2006 and symbolically concluded this multi-year phase of freeway improvements. In order to
formally complete the projects, an additional $1.95 million in Transportation Development Impact Fee (TDIF)
funds is necessary to process outstanding invoices.
RECOMMENDATION: That Council adopt resolutions:
1) Appropriating $1,550,000 to the Interstate-805/0Iympic Parkway/East Orange Avenue Interchange
Project (STM-328) from the available balance of the TDIF Fund;
2) Appropriating $400,000 to the Interstate-805/Main Street! AutoPark Drive Southbound and
Northbound On-Ramps Project (STM-351) trom the available balance of the TDIF Fund;
3) Authorizing the Director of Public Works Operations to execute any and all change orders (including
quantity adjustments to base bid items) necessary to complete the construction contract for the
Interstate-805/Olympic ParkwaylEast Orange Avenue Project (STM-328), excluding Change Order
Numbers 22 and 23 for Main Street southbound and northbound on-ramp improvements; and,
11-1
Page 2, Item II
Meeting Date 3/14/2006
4) Authorizing the Director of Public Works Operations to execute final Change Order Numbers 22 and
23 for the Main Street northbound and southbound on-ramp improvements (STM-35 1), respectively.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
While the Olympic Parkway (STM-328) and Main Street Projects (STM-351 ) are separate and distinct, they
were awarded under the same contract to one contractor (Yeager-Skanska, Inc.). Therefore, this report
addresses contract closeout as it relates to both projects.
I. Iuterstate-80S/East Oraun Avenue/Olvmpic Parkwav Project (STM-328)
On April 27, 2004, City Council approved Resolution No. 2004-135 awarding a contract for the Interstate-
805/East Orange Avenue/Olympic Parkway Interchange Project (STM-328) to Yeager-Skanska, Inc. Original
total construction estimates totaled $14,859,035; final actual project costs total an estimated $16,709,035. The
contract provided for the following improvements:
· Reconfiguration of the East Orange Avenue/Olympic Parkway overpass and construction of freeway
improvements from 0.75 miles south to 0.6 miles north of the interchange.
· Modification and widening of the southbound exit ramp to Main Street to provide for a dua1lane exit.
· Widening East Orange Avenue and Olympic Parkway, including the over-crossing bridge.
· Construction of auxiliary lanes on 1-805 between the interchanges of East Orange Avenue/Olympic
Parkway and Main Street! Auto Park Drive.
· Modification of traffic signals on the existing ramps for the East Orange Avenue/Olympic Parkway
interchange and the southbound exit ramp to Main Street.
· Construction of noise barriers (sound walls and sound berms) and retaining walls.
· Re-Iandscaping of the entire freeway corridor and the medians on East Orange Avenue/Olympic
Parkway within the project area.
These improvements, which are now complete, provide increased capacity of the existing diamond
interchange to accommodate the forecasted traffic volumes and provide the needed capacity on the
southbound Main Street off-ramp during events held at the Coors Amphitheatre.
In order to closeout the Olympic Parkway Project (STM-328), an appropriation of an additional $1,550,000
from the available balance of the TDIF Fund is required. A summllt'}' of the project's originally estimated,
final costs and resulting shortfalls is summarized in the following chart.
Council Estimated Overage I
Item Approved Actuals Shortfall
Rick Engineering
sac Relocation
Yeager-Skanska (Includes Quantity Adjustments)
Construction Contingencies
City Staff
Right-of-Way Acquisition
Caltrans Co-Op
Other
$2,225,284
$2,474,961
$500,000
$15,459,035
$1,250,000
$657,702
$680,000
$2,208,677
$157,800
($249,677)
($500,000)
($600,000)
$0
($148,973)
$107,550
($200,000)
$41,100
DEFICIT
($1,550,000)
$14,859,035
$1,250,000
$508,729
$787,550
$2,008,677
$198,900
TOTALS
$21,838,175
$23,388,175
11-2
Page 3, Item f I
Meeting Date 3/14/2006
Additional funds are required for two primary reasons:
1) At the time the City Council approved the appropriations, there were outstanding invoices/charges that
were not included in the requested funds; and,
2) Actual construction costs exceeded original estimates.
Initial Appropriation Shortfall
Two items totaling $750,000 were not included in the original allocation for the project due to an
administrative oversight. These items were:
· $250,000 Engineering Services (Rick Engineering)
· $500,000 Relocation of an SBC fiber option facility east of Oleander Avenue
Construction Costs Above Original Estimates
During construction, a number of significant cost increases were incurred over and above the base estimate.
This extra construction-related work was necessary to complete the project scope as approved by the City
Council and in accordance with Caltrans and City standards and can be attributed to a number of unforeseen
additions required to complete the work. The chart below summarizes these changes; Attachment A provides
more detail. It is important to note that this chart summarizes additional change order authority requested;
however the total project deficit ($1,550,000) is the resulting net amount subsequent to accounting for total
project overages and savings and is the subject of the requested resolution.
Additional Construcllon-Related Work Cost
Adjustments to Base Estimate/Quantities
Revisions/Missed Elements in Design
Changed/Unexpected/Unforeseen Field Conditions
Graffiti-Related Costs
Minor Change Orders
TOTAL Additional Change Order Authority Requested
LESS Council Approved Construction Contingencies
Additional Construction Funds Now Required (Yeager-$kanska)
$596,500
$470,500
$103,000
$400,000
$280,000
$1,850,000
($1,250,000)
$600,000
Explanation of Significant Additional Expenses:
Adjustments to Base Estimate/Quantities ($596,500) - Cost increases in this category are primarily due to the
addition of Soundwall No. 10, along the north side of Olympic Parkway between Oleander Avenue and the
freeway, after award of the construction contract to Yeager-Skanska, Inc. as a result of right-of-way
negotiations with affected property owners. Also included in this line item are increases in asphalt concrete
costs and costs associated with fulfilling storm water management requirements.
Revisions/Missed Elements in Design ($470,500) - Cost increases in this category are primarily attributable to
the addition of necessary street lighting, traffic signal revisions, drainage system, and sidewalk modification
with associated ADA ramp requirements. Construction delays caused by weather and incorporation of design
changes are also included in this section.
Changed/Unexpected/Unforeseen Field Conditions ($103,000) - Additional costs included in this category are
related to tasks made necessary to address changes or unforeseen situations encountered in the field once
construction is underway. These include correction of deficient pavement edges, slope modification and work
11-3
Page 4, Item II
Meeting Date 3/14/2006
accelerations pursued in order to lessen commuter inconvenience.
.
Graffiti ($400,000) - After award of the construction contract, the City's Graffiti Ordinance went into effect.
At the October 4, 2005 City Council meeting, City Council approved a resolution authorizing the Director of
Public Works Operations to execute a change order up to $200,000 for graffiti removal costs based upon
completion of the project in late-November to early-December of2005. In late-September, the contractor was
directed t6 hire a security service for overnight and weekend surveillance in an attempt to reduce the amount
of graffiti. The cost for the security service :trom late-September 2005 to mid-January 2005 totaled $85,000,
bringing total estimated graffiti-related expenses to $400,000. Upon closeout of the project, Caltrans will
assume responsibility for graffiti abatement on those walls running parallel to the :treeway.
Total Chane:e Order WorklChanlZe Order Authority
The sum of all change order work for the Olympic Parkway Project (STM-328) is estimated to be $1,850,000
(see chart above). The Director of Public Works Operations cumulative change order authority, plus or minus
adjustments to quantities, on this project is approximately $765,000. In addition to appropriating additional
funds for this project, one of the proposed resolutions would authorize the Director of Public Works
Operations to execute any and all change orders necessary to complete the Olympic Parkway (STM-328)
portion of the construction contract up to a cumulative total of $1 ,850,000.
n. Interstate-805/Main Street Southbound and Northbound On-RamD ImDrovements (STM-351)
The second project included within the Yeager-Skanska, Inc. contract is the Interstate-805/Main Street
Southbound and Northbound On-Ramp Project (STM-351). Original total project estimates totaled $1.8
million; total actual project costs total about $2.2 million. Therefore, in order to close out this project, it is
necessary to appropriate an additional $400,000 ftom the available balance of the TDIF Fund. A summary of
the project's initially estimated costs compared to estimated actua1s and resulting shortfall is s1lmmllrized in
the following chart.
Council Estimated Overage I
Item Approved Actual Shortfall
Yeager-5kanska
City Staff
Rick Engineering
Other Consultants (Phase I)
Other Consultants (Phase II)
CHP Enhanced Enforcement
$1,664,117
$100,000
$50,000
$1,952,354
$106,737
$39,900
$30,126
$75,000
$10,000
($288,237)
($6,737)
($39,900)
$19,874
($75,000)
$10,000
DEFICIT
($400,000)
$1,814.117
$2,214.117
Costs Above Orie:inal Estimates
Subsequent to award of the contract, revisions to the northbound on-ramp's drainage system occurred and the
requirement for a 36-month plant establishment and maintenance period was added to meet Caltrans'
requirements. Caltrans' additional requirements in regard to the southbound ramp improvement plans were
extensive and necessitated supplemental revisions, making it impossible to perform the work on both ramps
concurrently.
The final construction cost for the northbound and southbound on-ramp work is $1,402,354 and $550,000,
respectively, for a total construction cost of $1 ,952,354. These increased costs are the result of delays and
11-4
Page 5, Item II
Meeting Date 3/14/2006
plan revisions, and when compared with the original contract award represent a net increase of $288,237.
Additional project costs including staff time, consultant costs, and enhanced CliP enforcement total $261,763.
These additional costs result in a total estimated project cost of $2,214,117, and a budget shortfall of
$400,000. One of the proposed resolutions would appropriate funds in this amount to the project budget.ti'om
the TDIF fund. The other related resolution would authorize the Director of Public Works Operations to
execute final change orders for the northbound and southbound ramp improvements.
Construction Manal!:ement/Resident Enl!:ineer
Caltrans' Local Assistance Program standards require local agencies to designate a licensed Civil Engineer to
assume the role of Resident Engineer in responsible charge of all construction work within Caltrans' right-of-
way. When the Cooperative Agreement with Caltrans was initially entered into for the I-80S/Olympic
Parkway project, a City Civil Engineer, and former Caltrans Resident Engineer, with freeway construction
knowledge and experience was assigned to act as the City's Resident Engineer and to manage all aspects of
construction and budget tracking for the project, including coordinating all inspection and testing activities
within state and City rights-of-way and for off-site fabrication facilities. That employee left the City prior to
the start of the project.
This change resulted in a significant challenge to meeting Caltrans' Resident Engineer requirements for East
H Street, Telegraph Canyon Road, Olympic Parkway/East Orange Avenue, and Main Street. Rather than
incurring the cost to hire additional personnel, the City and Caltrans decided to request more support .ti'om
Caltrans construction staff than was originally defined in the Cooperative Agreement, with oVerSight and
direction given by one of two licensed Civil Engineers in the City with past experience on Caltrans projects.
The City's engineers retained their other responsibilities, both continuing to run major operational divisions.
Caltrans personnel assigned to these projects were provided offices in City facilities and full access to
necessary equipment and communications systems. Providing office space at the Public Works Center
resulted in a significant cost savings to the project by avoiding costs associated with the requirement to
provide rented trailer space.
Areas for Improvement
While this partnership provided significant benefits and resulted in recognition by all involved agencies of its
success and the unique achievement it represented, several areas for improvement have beeD. identified where
changes can be made to ensure that a more timely recognition of areas of concern occurs in the future. These
include:
· Full-time assignment for a Resident Engineer to projects of this size and complexity.
· Implementation of additional day-to-day project management tools.
· Clear delineation of roles and responsibilities across all participating agencies.
· Increased training and enhanced use of the City's financial systems.
Staff currently uses databases and spreadsheets to manage and track other projects successfully; however,
projects of this size and complexity require more sophisticated project management software to assure that
similar situations are not encountered in the future, particularly when the City, Caltrans, and SANDAGpartner
on projects along the IS corridor. In addition, Construction Inspection Management staffwill acquire software
that tracks work performed on a time-and-materials basis and estimate the costs of such work as the work is
11-5
, Page 6, Item ( I
Meeting Date 3/14/2006
perfonned, This will help insure that delayed invoicing will not be experienced in the future.
Fiscal Impact
Approval of the resolutions before Council tonight will result in a net impact to the TDIF fund of$ I ,950,000.
This impact results from the appropriation of funds to existing capital improvement projects STM-328 and
STM-351 in the amounts shown below:
CIP Project Proposed Additional Proposed
No. Current Budget Approprlatoon Final Budget
STM-328 $
STM-351 $
TOTAL $
21,838,175 $
1,814,117 $
23,652,292 $
1,550,000 $ 23,388,175
400,000 $ 2,214,117
1,950,000 $ 25,602,292
The TDIF program has sufficient funds available to allow the proposed budget modifications. However, these
expenses are not currently reflected in the TDIF program and will have to be taken into account with the next
TDIF update. Staff currently anticipates completion of the next comprehensive TDIF update in fall of2006.
In addition, staffwill continue to pursue other potential means of offsetting these unanticipated project costs.
Specifically, of the $400,000 in additional funds proposed for appropriation to STM-351, SANDAG has
committed to reimbursing the City up to $292,000. Staffwill also pursue costs savings on other projects, in
order to mitigate the impact of these appropriations on the overall TDIF program.
The proposed actions have no impact on the General Fund.
J:\EngineerlAGENDA \CAS2006\03-14-06\OlympicMain.doc
11-6
ATTACHMENT A
Additional Construction-Related \\ork' Cost.'
. Adjustments to Base Estimate/Quantities
Addition of Soundwall No. 10 (Rivera Court Properties) - Increase in Base Quantity $275,500
Additional Asphalt Concrete Pavement - Increase in Base Estimate (2200 metric tons) $130,000
City Share of Traffic Control Flagging, Stonn Water Pollution Prevention Maintenance, Crash
Cushion Repair, and Miscellaneous Minor Construction Revision Costs - Addition to Base ....$150,000
Estimate
Added Sign Structure Cost (By Weight) Due to Change in Caltrans Standard - Addition to Base $41,000
Estimate
. Missed Elements in Desi/(n
Add Street Lighting from Melrose to Oleander and on Bridge - Omission in Plans $49,000
Modify Traffic Signal System at SB Olympic Off-Ramp - Construction Phasing Conflicts and $41,000
to Imorove Traffi~ Flow and Reduce Delavs to the Public
Add Drainage System for Bridge - Omission in Plans $45,000
Modify Sidewalk and ADA Ramp at SB Olympic Off-Ramp - Excessive Design Grades **$43,000
Redesign Olympic Parkway at Oleander
Traffic Signal Revision - Overhead Electrical Conflict (Not Accounted for in Plans) $23,000
Curb, Gutter, Sidewalk, Median Changes - Design Conflicts/Road Width Error thru ....$49,000
Intersection
Time-Related Overhead - 45-Dav Critical Path Delav to Comoletion of Contract Work $124,000
Extend/Raise Caltrans Maintenance Roads - Portion of Road Not in Plans/Grades Wrong $45,000
Retaining Wall Drainage System End Conveyances - Not in Plans ....$20,000
Add Landscaping & rogation of Slope on North Side of Olympic Parkway, East of Melrose - $~1,500
Not in Plans
. Chan/(edlUnexpectedlUnforeseen Field Conditions
Correct Deficient PCC Pavement Edge Prior to Placing New PCC - Needed to Match Existing $56,000
Ed$!e
Slope Modification at Southeast Comer of E. OrangelMelrose - New slope excessive/hazardous ....$20,000
Acceleration of Main Street Northbound On-Ramp Work - Needed to Improve Merge $27,000
Conditions
. Graffiti-Related Costs
Power Wash Graffiti from New Masonry Sound Walls ....$250,000
Paint Over Graffiti on Existing, Painted Masonry Walls ....$65,000
Security Service $85,000
SUBTOTAL' $1,570,000
SUBTOTAL (Sum of All Other Change Orders)' $280,000
TOTAL (All Change Orders for I-80SlEast Orange/Olympic Parkway)' $1,850,000
· Excludes Main Street Northbound and Southbound On-Ramps; costs to nearest $500.
.. Estimated; final costs pending.
J :\EngineerlAGENDA ICAS2006103-14-06101ympicMainRevlAnach
11-7
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $1,550,000 TO THE
INTERSTATE-80S/OLYMPIC PARKWAYIEAST ORANGE
AVENUE INTERCHANGE PROJECT (STM-328) FROM THE
AVAILABLE BALANCE OF THE TRANSPORTATION
DEVELOPMENT IMPACT FEE (TDIF) FUND
WHEREAS, the City Council approved the 1-805/0lympic Parkway Interchange project as part
of the Fiscal Year 99/00 Capital Improvement Program Budget as Project STM-328; and
WHEREAS, to date, funds for preliminary engineering, design, technical reports, the
environmental document, inspection and construction totaling $21,838,175 have been
appropriated to the proj ect budget; and
WHEREAS, on April 27, 2004, Council approved Resolution No. 2004-135 awarding the
construction contract for the "I-805/East Orange Avenue/Olympic Parkway Interchange
Improvements" Project (STM-328) to Yeager-Skanska, Inc for $14.9 million; and
WHEREAS, an accounting of the project's originally estimated costs versus final costs shows
that there is a funding shortfall due to project reqUired additional design services, utility
relocation costs, graffiti removal, City staff costs & inspection services, construction quantity
increases and construction contingencies; and
WHEREAS, additional funds in the amount of $1,550,000 are necessary to complete the I-
805/east Orange Avenue/Olympic parkway Interchange Project, for a total project budget of
$23,388,175.00.
NOW, THEREFORE, the City Council of the City of Chula Vista hereby authorizes the
appropriation of $1,550,000.00 to Capital Improvement Project STM-328 from the
Transportation Development Impact Fee (TDIF) Fund.
Presented by
Approved as to form by
~6~
Leah Browder
Acting Director of Engineering
d}/'" f? /JlA
M --
oore
ity Attorney
11-8
Resolution 2006-
Page 2
AND
.
H:\ENGINEERIRESOSlResoslOO6\03.14-06\STM328 Roso I.doc
.
.
11-9
RESOLUTION NO. 2006-
RESOLUTION APPROPRIATING $400,000 TO THE
INTERSTATE-80S/MAIN STREET/AUTOPARK DRIVE
SOUTHBOUND AND NORTHBOUND ON-RAMPS PROJECT
(STM-3S1) FROM THE AVAILABLE BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF)
FUND
WHEREAS, in Fiscal Year 2003, Council approved the creation of Capital Improvement Project
STM-351, the 1-805/Main Street!Auto Park Drive Dual Left Turn Lanes with an initial project
budget of $50,000; and
WHEREAS, on May 24, 2005, the City Council of the City of Chula Vista approved Resolution
No. 2005-168 appropriating an additional $1,764,116.89 in funds from the available balance of
the Transportation Development Impact Fee (TDIF) Fund for additional staff costs for inspection
services and a construction change order; and
WHEREAS, on May 24,2005, the City Council of the City ofChula Vista approved Resolution
No. 2005-169 accepting a bid from Yeager-Skanska Inc., the contractor, for additional work to
be done as a construction change order to Capital Improvement Program project STM328 - 1-
80S/Olympic Parkway/Orange Avenue Interchange Improvements, Caltrans contract nOe 11-
156584, in the amount of $1,664,116.89 for both the northbound & southbound ramps and the
under-crossing at 1-805/Main Street; and
WHEREAS, additional funds in the amount of $400,000 are necessary for technical consultants,
California Highway Patrol services, construction change orders and construction contingencies
associated with the installation of these improvements, for a total project budget of $2,214, 117.
NOW, THEREFORE, the City Council of the City of Chula Vista hereby authorizes the
appropriation of $400,000.00 to Capital Improvement Program project STM-351 from the
Transportation Development Impact Fee (TDIF) Fund, for the installation of dual left turn lanes
at the 1-805 and Main Street! Auto Park Drive interchange.
Presented by
Approved as to form by
~.t>~
Leah Browder
Acting Director of Engineering
oL. i/1ff
-
oore
ty Attorney
11-10
.
Resolution 2006-
Page 2
AND
H:\ENGINEERIRESOS\Resos2006\03-14-06ISTM351 Roso l.doc
11-11
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
OPERATIONS TO EXECUTE ANY AND ALL CHANGE ORDERS
NECESSARY TO COMPLETE THE CONSTRUCTION CONTRACT
FOR THE INTERSTATE-80S/OLYMPIC PARKWAYIEAST ORANGE
AVENUE PROJECT (STM-328) EXCLUDING CHANGE ORDERS 22
AND 23 FOR MAIN STREET SOUTHBOUND AND NORTHBOUND
ON-RAMP IMPROVEMENTS
WHEREAS, on December 12, 2000, the City Council amended Council Policy 574-01
authorizing the Director of Public Works to approve individual change orders increasing or
decreasing the original contract amount up to $50,000; and
WHEREAS, due to the size of the base bid amount of $14.9 million for construction and
scope of the I-80S/East Orange Avenue/Olympic Parkway interchange project (STM-328) staff
anticipated many change orders would exceed the $50,000 limit per Council Policy 574-01; and
WHEREAS, on April 27, 2004, Council approved Resolution No. 2004-136 increasing the
Director of Public Works Operations' individual change order authority up to $100,000 and
cumulative change orders up to $765,951.77 for the project; and
WHEREAS, the City Chula Vista and the State of California Department of Transportation
(CALTRANS) desires to complete the work on the I-80S interchange project; and
WHEREAS, this proposed change will allow the Director of Public Works Operations to
execute any and all change orders, including quantity adjustments to base bid items, necessary to
complete the construction contract for the I-80S project, excluding Change Order numbers 22 and
23 for Main Street Southbound and Northbound On-ramp improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby the Director of Public Works Operations to execute any and all change orders,
including quantity adjustments to base bid items, necessary to complete the construction contract
for the Interstate-80S/Olympic Parkway/East Orange Avenue project, excluding Change Order
numbers 22 and 23 for Main Street Southbound and Northbound On-ramp improvements.
Presented by
Approved as to form by
~ b.uuJrJJA...-
Leah Browder
Acting Director of Engineering
/''1 r~
11-12
Resolution 2006-
Page 2
AND
.
Dave Byers
Director of Pub 'c Works Operations
H:\ENGINEERIRESOSlResos2006\03-14-06\STM328 Reso 2.OOc
.
11-13
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
OPERATIONS TO EXECUTE FINAL CHANGE ORDER NUMBERS
22 AND 23 FOR THE MAIN STREET NORTHBOUND AND
SOUTHBOUND ON-RAMP IMPROVEMENTS (STM-351),
RESPECTIVELY
WHEREAS, on May 24, 2005, the City Council of the City of Chula Vista approved
Council Resolution No. 2005-169 accepting a bid for a construction change order for the I-805/East
Orange Avenue/Olympic Parkway interchange project for additional work at the southerly lirnits of
the project in the City of Chula Vista, California (STM-328) Caltrans Contract No. 11-156584 to
Yeager-Skanska Inc.; and
WHEREAS, additional items of work related to the project were required related to the
drainage system, additional areas for landscaping maintenance, the addition of a concrete gore area
at the ramp merge point with the freeway, the addition of a concrete maintenance turnout and
California Highway Patrol enforcement pad, the removal and replacement of trees, the removal and
replacement of landscaping irrigation systems, asphalt work and striping; and
WHEREAS, the City Chula Vista and the State of California Department of Transportation
(CAL TRANS) desires to complete the work on the I-80S interchange project; and
WHEREAS, this Resolution will allow the Director of Public Works Operations to execute
Change Order numbers 22 and 23 for Main Street Southbound and Northbound On-ramp
improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby the Director of Public Works Operations to execute Change Order numbers 22
and 23 for Main Street Southbound and Northbound On-ramp improvements.
Presented by
Approved as to form by
~~
Leah Browder
Acting Director of Engineering
11-14
Resolution 2006-
Page 2
AND
.
11-15
~.,I. -1.-6~/o '"
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'5~=-:.=
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHUIA VISTA
Thursday, February 23, 2006
TO:
Lorraine Bennett, City Clerk
fz/
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Resource Conservation Commission
Mayor Padilla would like to nominate Mr. Brett Davis for appointment to the Resource Conservation
Commission, Please place on the next council agenda for ratification,
If you have any questions, please call me at x5812,
Thank you.
=,-;"-0'- _ /?J" LJav/.s ~ ~I cNI',e/lrI-Iy .:se;-IJIZ en allY
cAedd ~j/q ..d/c,A:'J".
3'2-06
b~ ElD"
1'3