HomeMy WebLinkAboutAgenda Packet 1997/11/18
Tuesday, November 18, 1997
6:00 p.m.
"J declare tinder penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
thie Agende/Notice on the Bulletin Board at
the pUblict::...r~ces Building ~ ~~ Council Chambers
DATED. I~ y'j. 41 SIGNED ~ Public Services Building
Re!!ular Medin!:! of tht:: City of Chula Vista City Council
CALL TO ORDER
I.
ROLL CALL:
Councilmemhers Moot _, Padilla _, Rindane _, Salas _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINUTES:
Odober 28, 1997 (Regular City Couni.:i! Meeting) and October 30,
1997 (Joint Meeting of the City Council/Sweetwater Union High School
District)
4. SPECIAL ORDERS OF THE VA Y:
a. Oath of Oftice: Maria Perman - Human Relations Commission.
CONSENT CALENDAR
(Ilellls 5 Ihrough 9)
The staff recommendations regarding the following items Listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak FornI" available ill the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the hest of his knowledge from observance of
actinns taken in Closed Session on 11/4/97 in which the City Attorney participated, that there
were no actions taken which are required under the Brown Act to he reported. It is
reconunended that the letter he received and filed.
b. Letter of resignation from the Cultural Art", Commission - Dency Souval. It is reconunended
that the resignation he accepted with regret and th~ City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office and the Puhlic Lihrary.
6. RESOLUTION 18812 APPROVING AN EXTENSION OF THE GAS AND ELECTRIC
FRANCHISES WITH SAN DIEGO GAS AND ELECTRIC FOR A 120
DA Y INTERIM PERIOD ST ARTlNG ON DECEMBER 1, 1997, PENDING
FURTHER CITY REVIEW AND CONSIDERATION OF A FIVE YEAR
RENEWAL THROUGH NOVEMBER 30, 2002 - The City's current
franchises with San Diego Gas and Electric are set to expire on 11/30/97. Staff
has been negotiating for a tive year extension to these franchises, which will
grant the restructuring on local utilities prior to entering into another, compkted
within the next few weeks. However, to accommodate the public hearing
requirements, tirst and second reading of the ordinance and 30 day period until
its efti::ctiveness, it is recommended that the existing franchises he extended for
an interim 120 day period. Staff recommends approval of the resolution.
(Assistant City Manager)
Agenda
-2-
Novemher 18, 1997
7. RESOLUTION 18813 AWARDING A PURCHASE AGREEMENT FOR ANIMAL SHELTER
VETERINARY SERVICES TOTHE PALM RIDGE PET HOSPITAL, 4370
PALM A VENUE, SAN DIEGO, CALIFORNIA 92154 - On 7/15/97, Council
approved transferring $97,396 for staffing from unanticipated salary savings and
amending the fiscal year 1997/98 budget to add one kennel attendant, hourly
wages for office help (an Administrative Office Assistant I), professional
services for a part-time vekrinarian, ami registered vekrinary technician. Staff
reconunends approval of the resolution. (Chief of Police and Director of
Finance)
8. RESOLUTION 18814 AWARDING A PURCHASE AGREEMENT TO PACIFIC AREPCO
CORPORATION FOR A DIGITAL VOICE LOGGING RECORDER
CONTRACT - In June 1996, Council approved Capital Improvement Project
PS-1l5, the Public Communications Project. This project will automate one of
the City's critical functions: police. fire. and emergency medical dispatch and
provide for the purchase uf l110hik computer terminals in police and fire
vehicks. A portion of PS-115 addressed the replacement of our existing reel-to-
reel logging recorder for Police ami Fire. radio and telephone traffic. Because
of the dett:riorated condition of the existing equipment, it was decided to
separate this portion of the project and go out to hid for a Digital Voice Logging
Recorder in order to expedite the acquisition. Staff recommends approval of the
resolution. (Chief of Police and Director of Finance)
9. RESOLUTION 18815 REJECTING BIDS FOR "THE NORMAN PARK RECREATION
FACILITY - PARTIAL DEMOLITION AND CONSTRUCTION IN THE
CITY (PRI94)" - On 9/17/97, sealed hids were received t()f "The Norman Park
Recreation Facility - Partial Demolition and Construdion in the City (PRI94)"
project. The engineer's estimate was hased on the estimated material costs
provided hy the project architect. however, the material specified for the roof
was more expensive than anticipated. The pf(~iect as currently designed consists
of the partial demolition of the roof strudure of an existing shuffleboard facility
and storage building. It also involves the construction of a new roof over the
existing shufflehoard courts. Staff recommemls approval of the resolution.
(Director of Puhlic Works)
* * * END OF CONSENT C/H.HNIJAR * * *
ADJOURNMENT TO REGULAR AND/OR JOlNT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public disCllssiou. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted ageuda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Forol" available in the lobby and submit it to the City Clerk prior to the meeting. 77lOse who wish to speak,
please give your name and address for record purposes and follow up action.
Agenda
-3-
November 18, 1997
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonll" available ill the lobby and submit it to the City
Clerk prior to the meeting.
10.
PUBLIC HEARING
PCA-98-04; CONSIDERATION OF AN AMENDMENT TO SECTION
19.34.030 OF THE MUNICIPAL CODE TO ALLOW DRIVE-THROUGH
FAST FOOD RESTAURANTS IN THE C-N NEIGHBORHOOD
COMMERCIAL ZONE, SUBJECT TO APPROV AL OF A CONDITIONAL
USE PERMIT - KELTON TITLE CORPORATION - The C-N
Neighhorhood Commercial zone presently excludes drive-in, including by
interpretation drive-through restaurants. This proposal is a request to amend the
zoning ordinance to allow for drive-through restaurants upon the issuance of a
conditional use permit. Staff recommends Council place the ordinance on first
n.~ading. (Al~ting Dinxtor of Planning)
ORDINANCE 2715
AMENDING SECTION 19.34.030 OF THE MUNICIPAL CODE TO
ALLOW DRIVE-THROUGH RESTAURANTS IN THE C-N
NEIGHBORHOOD COMMERCIAL ZONE SUBJECT TO APPROV AL OF
A CONDITIONAL USE PERMIT (tirst readin")
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which hm'e been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None suhmitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
11. RESOLUTION 18816 ACCEPTING $99,250 FROM THE U.S. DEPARTMENT OF JUSTICE -
OFFICE OF COMMUNITY POLICING SERVICES "COPS" PROBLEM-
SOLVING PARTNERSHIP GRANT AND APPROPRIATING SUCH
FUNDS FOR PERSONNEL AND EQUIPMENT PROCUREMENT - The
Police Department has recently received notice of a COPS Partnership grant
award in the amount of $99,250. The department received one of thirty (30)
grants distributed State-wide. The grant will he used to address the prohlem of
residential hurglary in a collahorative effort with local realtors. Staff
recommends approval of the resolution. (Chief of Police) 4/Sth's vote
required.
Ag~nda
+
Novemher 18, 1997
ITEMS PULLED FROM THE CONSENT CALENDAR
71lis is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
12. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
13. MAYOR'S REPORTlS)
a. Ratification of appointme:nt to the Youth Commission (Chula Vista High School) - Rickey R.
Welch, 11 (to fill vacancy created hy Commissioner Kemp, whose term will expire June 30, 1998).
14. COUNCIL COMMENTS
Council member Rindone
a. Consideration of community input for selel..~tion of City Manager.
b. Consideration of bargaining units' input for selection of City Manager.
c. Change of stakment of "City Council Seven Priorities" to "City Council Seven Major Areas of
Improvement. "
ADJOURNMENT
The meeting will adjourn to (a closeJ session and thence to) the regular City Council meeting on Novemher 25,
1997 at 6:00 p. m. in the City Council Chamhers.
A joint meeting of the City Council/Redevelopment Agency will he: held immeJiately following the City Council
meeting.
UJ declare under penalty of parJury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board et
Tuesday, November 18, 1997 the Public S rv' es Building and at City Hall on Council Chambers
6:00 p.m. DATED i / ' SIGNED ~lj\\liC Services Building
(immediately folJawing the City Council Meeti ) l
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a cLosed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken lip by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
. Jones Intereahle v. City of Chola Vista.
. City of Chula Vista v. The Fieldstone Company, d al.
. Wolfe v. City of Chula Vista.
. Griffin v. City of Chula Vista.
. City uf Chula Vista v. EastLake and Pacific Scene.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property:
City right-of-way.
Negotiating parties:
City of Chula Vista (Sid Morris) and SDG&E.
Under negotiations:
Price and terms for interest in City right-or-way granted by
Gas and Electrii.: Franchise.
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957
. City Manager.
Closed Session Agenda
-2-
November 18, 1997
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CYEA, WCE, POA, IAFF, Executive
Management, Mid-Management. and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
,/
,
C'.'-j.
,
.,.
_.:'.-c:;::<"t ;;
November 13, 1997
TO:
FROM:
The Honorable Mayor and City Council
John D. Goss, city Manage~
City Council Meeting of November 18, 1997
SUBJECT:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, November 18, 1997. Comments
regarding the written Communications are as follows:
Sa. This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 11/4/97 in which the City Attorney
participated, there were no actions taken which are required
under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
Sb. IT IS RECOMMENDED THAT DENCY SOUVAL'S RESIGNATION FROM THE
CULTURAL ARTS COMMISSION BE ACCEPTED WITH REGRET AND THE CITY
CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY
ACT IN THE CLEKR'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
~(~
~~~
~~~~
~~~~
OlY Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
DATE:
November 6, 1997
The Honorable Mayor and city coun;i1t}.k(~
John M. Kaheny, City Attorney 0f
Report Regarding Actions Taken i~Closed Session
for the Meeting of 11/4/97
TO:
FROM:
SUBJECT:
The City Council met in Closed Session to discuss the following:
Conference with legal counsel regarding existing
litigation pursuant to Government Code section 54956.9;
Conference with real property negotiator; and
Conference with labor negotiator.
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:clb
C:\Council\C!osed.2
~-I
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
If,
11/18/97
ITEM TITLE:
Resolution ~~tr~;z Approving an extension of
the Gas and Electric franchises with San Diego Gas
and Electric for a 120 day interim period starting
on December 1, 1997, pending further city review
and consideration of a 5 year renewal through
November 30, 2002.
REVIEWED BY:
City Manager
Vote: Yes___ No-K-)
SUBMITTED BY:
Assistant City Manager
The City's current franchises with San Diego Gas and Electric are
set to expire on November 30, 1997. Staff has been negotiating for
a five year extension to these franchises, which will grant the
City sufficient time to evaluate the effects of industry
restructuring on local utilities prior to entering into another,
longer term franchise. It is anticipated that negotiations will be
completed in the near future. However, to accommodate the public
hearing requirements, first and second reading of the ordinance and
30 day period until its effectiveness, it is recommended that the
existing franchises be extended for an interim 120 day period.
RECOMMENDATION: That Council approve the resolution extending
the franchises for 120 days.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City's existing franchise agreements with SDG&E for electric
and natural gas utility service were adopted by Ordinances 1426 and
1427 in 1972. These franchises expire on November 30, 1997.
With the pending expirations and the January 1, 1998, start of a
competitive electricity market (per statewide electric utility
restructuring), staff and SDG&E have been negotiating the renewal
of those franchises. It is anticipated that negotiations will be
completed in the near future. However, to accommodate the public
hearing requirements, first and second reading of the ordinance and
30 day period until its effectiveness, it is recommended that the
existing franchises be extended for an interim 120 day period.
Other than the term, the interim extensions being proposed would
not change any of the other provisions of the current franchises.
6-/
Item
Meeting Date
, Page 2
11/18/97
FISCAL IMPACT
The proposed action would allow the City to continue collecting
franchise fees during the interim period prior to renewal of a
franchise. SDG&E currently pays approximately $640,000 (electric)
and $300,000 (gas) per year in franchise fees.
Utility restructuring will have more significant fiscal impacts
independent of the status of these franchise. The primary impact
will be the possibility of reduced energy costs. If such reduced
costs are in fact realized, the City could see a proportionate
reduction in electric utility franchise fees. Per state law, non-
utilities selling power would be subject to an in-lieu franchise
fee. Since utility users taxes are tied to the kilowatt hours used
and not their retail price, this revenue source should not be
significantly impacted under restructuring. A further discussion
of the impacts of restructuring will follow the completion of
SANDAG's ongoing analysis of power pool options and City analysis
of various power pricing plans.
jy\c: \ \sdge113. i
~-c2
RESOLUTION NO. /%8'/ cJ..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF THE GAS
AND ELECTRIC FRANCHISES WITH SAN DIEGO GAS AND
ELECTRIC FOR A 120 DAY INTERIM PERIOD STARTING
ON DECEMBER 1, 1997, PENDING FURTHER CITY
REVIEW AND CONSIDERATION OF A 5 YEAR RENEWAL
THROUGH NOVEMBER 30, 2002
WHEREAS, the City's current franchises with San Diego Gas
and Electric are set to expire on November 30, 1997; and
WHEREAS, staff has been negotiating for a five year
extension to these franchises, which will grant the city sufficient
time to evaluate the effects of industry restructuring on local
utilities prior to entering into another, longer term franchise;
and
WHEREAS, it is anticipated that negotiations will be
completed in the near future; and
WHEREAS, to accommodate the public hearing requirements,
first and second reading of the ordinance and 30 day period until
its effectiveness, it is recommended that the existing franchises
be extended for an interim 120 day period.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve an extension of the Gas and
Electric franchises with San Diego Gas and Electric for a 120 day
interim period starting on December 1, 1997, pending further city
review and consideration of a 5 year renewal through November 30,
2002.
Presented by
Approved as to form by
C:\rs\sdge.ext
ttorney
sid Morris, Assistant City
Manager
0--3
COUNCIL AGENDA STATEMENT
/<6'6/ :J
RESOLUTION AWARDING A PURCHASE AGREEMENT FOR ANIMAL
SHELTER VETERINARY SERVICES TO THE PALM RIDGE PET HOSPITAL,
4370 PALM AVENUE, SAN DIEGO, CA 92154.
Chief of pOlice~ ~
Director of Finance/if
REVIEWED BY: City ManagerJG. , /J (4/5ths Vote: Yes_ No..K..1
On July 15, 1997, Council adopted Resolution 18732, transferring $97,396 for staffing from
unanticipated salary savings and amending the fiscal year 1997/98 budget to add one kennel
attendant, hourly wages for office help (an Administrative Office Assistant I) and professional
services for a part-time veterinarian and registered veterinary technician.
Item 7
Meeting Date 11/18/97
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That Council adopt this resolution awarding the animal shelter veterinary
services to the Palm Ridge Pet Hospital.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 15, 1997, per Council's request, City staff presented a report to the City Council
comparing animal control services between the County of San Diego and Chula Vista's Animal
Shelter. As a result of that report, Council passed several resolutions including the appropriation
of funds to add a cattery to the existing animal shelter facility as well as appropriating funds for
additional staffing at the facility. The additional staffing included a kennel attendant's position,
a temporary office assistant position and funding for a part-time veterinarian and registered
veterinarian technician service.
The City Purchasing Agent opened bids for veterinary services on October 14, 1997. Seventeen
bid packages were prepared and mailed out; two bid responses were received. The bid was also
advertised in the Chula Vista Star News and 10 of the 17 bid packages mailed out were sent to
Chula Vista merchants. One Chula Vista vendor, Eastlake Village Veterinary Clinic, responded;
but, was not the lowest bidder. Palm Ridge Pet Hospital is the overall apparent low bidder.
Vendor Rate/Terms Total Estimated Annual
Cost (with discount)
Palm Ridge Pet Hospital $40/hr., Terms $30,888
1 %, 20 days'
Eastlake Village Veterinary Clinic $40/hr., Terms net $31,200
30 days
'1 % 20 days means a 1 % discount for bills paid within 20 days.
7-/
Page 2, Item _
Meeting Date 11/18/97
Payment terms of fifteen (151 days or more may be considered in evaluation of bids. Therefore,
Palm Ridge Pet Hospital is the low bid based on terms. Sales tax returned to the City is not a
factor in that the services requested are non-taxable.
Scope of Services
The period of coverage for this contract will be from November 1, 1997, through October 31,
1998, and may be extended upon mutual consent for five additional one-year periods.
Veterinarian services will consist of exams and inspections of animals at our shelter facility on a
daily basis, Monday through Friday, for 3 hours per day. The veterinarian will be required to
prescribe medications as may be needed to treat the animals during their stay at the animal shelter
and recommend surgery and/or other care that may be in the animals' best interest.
The veterinarian will be required to treat all domestic animals including bovine and equestrian
breeds. The veterinarian will be required to provide training to shelter staff on proper and safe
methods of administering and prescribing medications to animals as well as instruction and training
on appropriate euthanasia techniques. The veterinarian will also, with prior City staff approval,
order medications and supplies as needed for shelter operations.
Low-cost spaying and neutering services will be provided at the contract veterinarian's office for
animals adopted from the shelter. The spay/neuter charges will be preapproved by the City. A
rabies clinic will be conducted at least once per month by the veterinarian. The veterinarian will
provide a micro-chip identification service for animals redeemed or adopted from the shelter. Other
services provided by the veterinarian will include providing professional consultation and
conducting education programs with shelter volunteer groups and staff, conducting occasional
public education forums regarding animal care and making formal presentations before City
Council, preparing written status reports for City staff as may be required and providing other
general veterinary services, as needed.
FISCAL IMPACT:
By the Council action of July 15, 1997, $35,700 has been appropriated and amended to the
1997/98 budget to pay for the cost of the veterinary services. Additional funds will be requested
in subsequent years through the terms of the contract.
~fmb) C;\wp51\scs\a113s\vetservC.113 [November 11,1997 (4:35pm]]
?-;l
RESOLUTION NO.
18"8'1.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT FOR
ANIMAL SHELTER VETERINARY SERVICES TO THE PALM
RIDGE PET HOSPITAL, 4370 PALM AVENUE, SAN
DIEGO, CA. 92154
funds for
position,
part-time
services;
WHEREAS, on July 15, 1997, the City Council appropriated
additional staffing which included a kennel attendant's
a temporary office assistant position and funding for a
veterinarian and registered veterinarian technician
and
WHEREAS, on October 14, 1997, the Purchasing Agent
received the following two bids for veterinary services:
Vendor Rate/Terms
Palm Ridge Pet Hospital $40/hour, Terms 1" 20 days
0,
Eastlake Village Veterinary $40/hour, Terms net 30 days
Clinic
WHEREAS, payment terms of fifteen days (15) days or more
may be considered in evaluation of bids, therefore, Palm Ridge Pet
Hospital is the low bidder based on terms.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby award a Purchase Agreement for
Animal Shelter Veterinary Services to the Palm Ridge Pet Hospital,
4370 Palm Avenue, San Diego, Ca. 92154 for the period November 1,
1997 through October 31, 1998.
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
C:\rs\pal~ridg.vet
7-3
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/18/97
ITEM TITLE:
Resolution J%S'J7' Awarding a Purchase Agreement to Pacific Arepco
Corporation for a Digital Voice Loggmg Recorder.
n
Chief of Polic~ ~
Director of Finance 'y
REVIEWED BY: City Manager jG ~ fi (4/5ths Vote: Yes_ NoX)
In June 1996, Council approved Capital Improvement Project PS-115, the Pubiic Communications
Project. This project will automate one of the City's critical functions: police, fire and emergency medical
dispatch and provide for the purchase of mobile computer terminals in police and fire vehicles. A portion
of PS-115 addressed the replacement of our existing reei-to-reel logging recorder for Police and Fire
radio and telephone traffic. Because of the deteriorated condition of the existing equipment, it was
decided to separate this portion of the project and go out to bid for a Digital Voice Logging Recorder in
order to expedite the acquisition.
SUBMITTED BY:
RECOMMENDATION: That the Council award the Digital Voice Logging Recorder contract to Pacific
ArepcD Corporation.
BOARDS/COMMISSIONS RECOMMENDATION: None.
BACKGROUND:
The Project and its Objectives
A portion of the original Public Safety Communications Project, PS-115, was to provide a Digital Voice
Logging Recorder (DVLR) to replace our existing reel-to-reellogging recorder. This element of PS-115
was separated from the Unisys contract to expedite the purchase of the logging recorder. The existing
recorder was purchased in 1987 and installed in 1988. It has not lived up to its life expectancy,
becoming unreliable. Additionally, half of the 3600 foot 1 inch wide tapes were already on-hand and had
been in use for nearly ten years when the unit was installed. These tapes have an industry standard
maximum life of twenty uses. The oldest tapes have had double that usage.
The Logging Recorder component of the PS-115 project has four primary objectives:
1. Provide evidentiary tapes of incoming emergency calls for service for the San Diego County
District Attorney's Office which are used in criminal prosecutions.
2. Provide sound recordings documenting actions of City employees which are used in the
investigation of civil liability claims by the City's Risk Analysis unit.
3. Establish a Radio Log for Federal Communications Commission's enforcement of Federal radio
rules and regulations
4. Provide for the review of the actions of officers and dispatchers. This includes the ability for
Communications supervisors to actively monitor on-going radio and telephone conversations
which is not possible with the existing system.
o~/
Page 2, Item _
Meeting Date 11/18/97
These requirements demand the most reliable equipment possible to ensure that these critical recordings
are captured and accessible.
DISCUSSION
As part of the Capital Improvement Program, Council approved the acquisition and installation of a
Digital Voice Logging Recorder for the Police and Fire Departments. Staff prepared and released a
request for proposal and received eight responses from six different vendors.
The bids submitted were as follows:
Vendor and Model Price Annual Lifetime Bid
Maintenance Cost (10 Year) Cost Qualified?
Pacific Arepco $35,121.00 $2,400.00, Years $24,600.00 Yes
Costa Mesa, CA two - five
Seltronics E1000 $2,800.00, Years
40-Channel six - ten
Lanier Worldwide $30,249.40 $4,334.00 $39,006.00 Yes
San Diego, CA
LDL 848 (Seltronics)
Executive $23,127.50 $2,195.00 (8AM- $21,950.00 No
Communications Sys. 5PM) (8AM-5PM)
Ventura, CA $3,215.00 (24 Hour) $32,150 (24
ATIS PL-4000 Hour)
Stancil Corporation $26,697.21 $1,700.00 2nd year $7,100 for four No
Santa Ana, CA $2,600.00 3rd year years, unknown
AudioLog $2,800.00 4th year beyond
No quote beyond 4th
Dictaphone Corp. $28,881.00 $121.00 per hour, Unknown, no No
Stratford, CT time & materials - maintenance
32221 Guardian Unspecified annual costs specified
maintenance costs
Pacific Arepco $30,451.00 $2,400.00, Years $24,600.00 No
Costa Mesa, CA two - five
Seltronics E1000 $2,800.00, Years
24 Channel six - ten
Executive $34,980.50 $2,695.00 (8AM- $21,950.00 No
Communications Sys. 5PM) $3,815.00 (24 (8AM-5PM)
Ventura, CA hour) $32,150 (24
Nice Systems NiceLog Hour)
Dynamic Instruments $35,751.25 $2,375.00 2nd Year $11,070.00 for No
San Diego, CA $2,625.00 3rd Year five years,
DI-939 $2,890.00 4th Year unknown beyond
$3,180.00 5th Year
g----;L
Page 3, Item _
Meeting Date 11/18/97
Staff, comprised of the Police Department's Communications System Manager assisted by the City's
Purchasing Agent, evaluated the responses, viewed the operation of the software and hardware, and
checked references given. Staff then ranked the vendors and selected Pacific Arepco Corporation's 40
channel Seltronics recorder. The Purchasing Agent concurs in this recommendation.
Within the request for proposal were twenty-nine (29) evaluation requirements. All proposals met twenty-
four (24) of these requirements. The remaining five requirements, which six proposals failed to meet, are
as follows:
1. The main recorder un~ will have full front panel control and a minimum sample rate of 16kbps (kilo
bits per second).
2. The main recorder unit will be delivered with forty (40) active channels. The main recorder chassis
will be upgradeable within the housing delivered under this contract to a minimum of forty-eight (48)
channels. All software and hardware, cabling etc. to support upgrades to forty-eight (48) channels
will be furnished at the time of delivery.
3. The unit must be equipped with active I/O ports for RS485, RS232, RS422, live parallel printer port
and alarm port. The recorder will be able to print out a database of calls customized from the front
panel control. Also, a programmable log can be printed to give a full history of significant
occurrences.
4. The unit bid must offer true triple redundancy to tape. Units not offering true triple redundancy
to tape will not be considered.
5. Each unit will contain a minimum of one (1) hard disk drive for backup of any of the digital recording
transports in the event of failure, and to ensure that recordings cannot be lost during the ejecting
and loading of media. The hard drive will maintain approximately the last 112 hours of call files,
voice and data. The hard disk will also provide for the database management required in this
specification. After replaying, fault condition, or replacement of new media, the hard drive wiil
automatically download recordings to the reactivated media. In the event of a hard drive disk
failure, the equipment will continue recording to the DAT drives until the system hard drive is
replaced. Recorders not offering this feature will be rejected as technically non-responsive.
Item one requires a 16kbps sampling rate for high quality audio. Dictaphone proposed a 13.2kbps rate
which is unacceptable. Item two was also not met by Dictaphone. Their unit is only expandable to 32
channels within the housing. Pacific Arepco's 24-channei machine also failed item two. Item three
requires output ports to operate the equipment from a remote computer or external device. Dictaphone,
again, was non-compliant on this requirement. The other six bids were responsive on these items.
Items four and five, true triple redundancy and the handling of data in the event of a hard drive failure,
were the most crucial evaluation criteria and were clearly identified as items which would qualify or
disqualify a vendor's proposal. Only Seltronics recorders offered by Pacific Arepco and Lanier meet
these requirements.
True Triple Redundancy
True triple redundancy to tape means that there are three independent yet connected paths for
recordings: Two Digital Audio Tape (DAT) drives and one hard disk. The hard disk provides instant recall
of the last 112 or greater hours of recording and also allows the user to remove a tape in order to play
(T"3
Page 4, Item _
Meeting Date 11/18/97
an older tape or change a full tape and the hard disk will immediately update the restored drive on all of
the data it missed while out of service. Each separate path can exist without the other in the event of a
failure.
With true triple redundancy, if one or both of the DA T drives fail the hard disk will continue to record and
if the hard disk fails the DA T drive(s) will continue to record. Unless all power is shut off to the unit, it
takes three full and separate levels of media failure to lose recording. Only the Seltronics units have full
triple redundancy and meet item four above.
Hard Drive Failure
The Seltronics units are also the only units which fully qualify under item five above. All others lose all
data on the DA T tapes In the event of a hard disk failure because of their architecture.
Digital recordings are stored on tape as digital bits, much like information is stored on a computer disk.
In order to retrieve those digital bits in an intelligible conversation you need an electronic index of the data
on the tape. Like a File Allocation Table (FAT) on a data disk, this index tells the computer where the
desired conversation resides and when it starts and stops. One conversation may be spread over several
inches of tape in many little digital bits. Without the index the machine does not know where those bits
are or how they should be arranged for playback and data is lost - up to 550 hours of record time.
Machines proposed other than Seltronics do not run continuous DA T but do periodic downioads from the
hard drive. They build the index on the hard drive but do not load the index to the tape until the tape is
full or when it is ejected. Should anything happen to the hard drive before the tape is ejected all data is
lost. Except for Dictaphone, the other machines cease recording to DAT if the hard drive fails.
Seltronics, as proposed by Pacific Arepco and as offered by Lanier as their LDL 848, continuously
records data to DA T as well as the hard drive and builds the index on the tape as it is recorded. The data
on the DA T is not dependent upon the hard drive so if it fails there is no loss of recordings.
Dictaphone is different from the others. Dictaphone begins continuous recording of data and index to
DA T in the event of a hard drive failure. Normally they "periodically" download data to DA T as do the
others but they also periodically load the index to DA T as well. If they have a failure most of the data is
retrievable but that which was recorded since the last "periodic" download is lost.
The decision to rank Pacific Arepco first was based on the Seltronics offering which met the true triple
redundancy to tape and hard drive failure requirements. As mentioned, Lanier Worldwide also offered
the above features (same manufacturer) at a price $4,872 less, however, Lanier's maintenance costs
over the first five years of the life of the machine would be approximately $9,600 greater than Pacific
Arepco based on their maintenance quotes. Dictaphone offers a less acceptable solution, minimizing
but not eliminating data loss. They also do not meet our criteria in the three other areas mentioned
above. The remaining five bids were not qualified based on the standards specified.
Pricing
The total purchase cost of this system to the City is $35,121.00. This price includes a 40 channel
Seltronics E-1000 Digital Voice Logging Recorder, digital audio tapes (DAT) for 180 days, one tape
cleaning cartridge, an AC power cable, E-1000 Operator and technical manuals, punch biocks as required
and "50 pair" telephone interconnect cable as required. Originally, Pacific Arepco submitted a bid for $39,
508.00. This price included acoustic couplers that are not necessary for our system. They subsequently
reduced the bid by $4,387.00.
~-i
Page 5, Item _
Meeting Date 11/18/97
Scope of Work
This project will replace our existing reel-to-reel logging recorder with a state-of-the-art DVLR in the
Communications System Manager's Office. Included in this project are:
. Removal of existing system.
. Installation of new DVLR:
. Interface with the Communications System Manager's Windows NT computer for
control of the system.
. Wire the DVLR to the existing radio and telephone consoles.
. Supply sufficient Digital-Audio Tape cartridges for 180 days of recording coverage.
FISCAL IMPACT:
The total CIP budget for installation of a logging recorder for dispatch is $45,000. These funds were
appropriated as part of the Capital Improvement budget for Public Safety 115, approved by council in
June of 1996. Thus there is no General Fund impact for purchase and installation of the logging recorder.
Maintenance: The first year of maintenance is included in the purchase cost. Pacific Arepco has offered
a guaranteed $2,400 annual maintenance cost, without escalation, starting the second year and
continuing through 2003. Subsequent years would cost an estimated $2,800 per year. This will be an
on-going cost to the Police Department budget.
Life Expectancy: The DVLR equipment and software purchased is designed to accommodate expected
call for service volumes for approximately ten years.
f:\usr\kelsey\wp61\dvlr\dvlr113.wpd.11.12_97
.---
~--- ~
RESOLUTION NO.
/7~r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT TO
PACIFIC AREPCO CORPORATION FOR A DIGITAL VOICE
LOGGING RECORDER CONTRACT
WHEREAS, in June 1996, Council approved Capital
Improvement Project PS-115, the Public Communications Project; and
WHEREAS, this project will automate one of the city's
critical functions: police, fire and emergency medical dispatch
and provide for the purchase of mobile computer terminals in police
and fire vehicles; and
WHEREAS, a portion of PS-115 addressed the replacement of
the City's existing reel-to-reel logging recorder for Police and
Fire radio and telephone traffic; and
WHEREAS, because of the deteriorated condition of the
existing equipment, it was decided to separate this portion of the
project and go out to bid for a Digital Voice Logging Recorder in
order to expedite the acquisition; and
WHEREAS, a Request for Proposal was prepared and released
and eight responses from six different vendors were received; and
WHEREAS, the top three vendors are as follows:
VENDOR PRICE MAINTENANCE COST BID
QUALIFIED
Pacific Arepco $35,121.00 $23,600.00 Yes
Costa Mesa, CA
Lanier Worldwide $30,249.40 $39,006.00 Yes
San Diego, CA
Dictaphone $28,881.00 $121.00 per hour No
Unspecified amount
for service contract
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby award the Digital Voice Logging
Recorder Contract to Pacific Arepco Corporation in the amount of
$35,121.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said contract for and
on behalf of the City of Chula vista.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
c:\RS\RECORDER
~~
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 11/18/97
9
SUBMITTED BY:
Resolution / fJ/~/S-- Rejecting bids for "The Norman Park
Recreation Facility - Partial Demolition and Construction in the City of Chula
Vista, CA (PRI94)"
Director of Public Works ~ n
Director of Parks, Recreation ;~_~pen Spac~
City Manager J~ , ~'\ (4/5ths Vote: Yes _ No X)
ITEM TITLE:
REVIEWED BY:
In 1995, the City contracted with an architect to design an expanded facility at Norman Park Center to
replace the wood frame shade structure on the south side of the building over the existing shuffleboard
courts. The Norman Park Senior Club had requested an improvement to this area to place a game room
at the Norman Park Senior Center. The Norman Park Senior Club has donated $15,000 to cover a portion
of the project's cost. The existiog edifice was to be designed as a contemporary structure to better integrate
with the design of the new senior center and to replace a substandard building.
The scope of the project includes a billiard room with space for two tables, a table tennis room, and a
coffee lounge. The required new floor space replaced two of the eight shuffleboard courts and adds on to
the east end of the building. As part of the remodelling, the storage space at the west end of the existing
structure will be replaced with new construction which includes an entrance foyer opening directly from
the parking lot.
At 2:00 p.m. on September 17, 1997, in Conference Room 2 in the Public Services Building, the Director
of Public Works received sealed bids for "The Norman Park Recreation Facility - Partial Demolition and
Construction in the City of Chula Vista, CA (PRI94)" project.
STAFF RECOMMENDATION: That Council reject the bids and direct staff to re-advertise the Norman
Park Recreation Facility - Partial Demolition and Construction.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The project currently contains available funds in the amount of $255,797. The low bid
received for the project exceeded the project budget amount of $200,000.00 for the base bid by
$89,000.00 or 45 %, and is in excess of the funds available.
Since adequate funds are unavailable to fund the project, staff is proposiog that the type of new construction
be revised by the Architect to reduce costs and that the project be re-bid.
9~)
Item:
Meeting Date: 11/18/97
Bids were received from four contractors as follows:
BIDDER BID AMOUNT ADDITIVE ALTERNATE "A" TOTAL
Construction Associates $321,068.00 $6,300.00 $327,368
HAR Construction, Inc. $299,000.00 $5,000.00 $304,000
Famania Construction $384,716.00 $7,660.00 $392,376
C.D.M. Construction $289,000.00 $8,408.00 $297,408
Changes in the Bid to Lower Costs:
The major visual element of the project is the new shade structure above the remaining six shuffleboard
courts. In order to enhance the shuffleboard "pavilion," the existing roof, with its forest of interior wood
posts, will be replaced with a non-combustible, steel structure which would cIearspan the interior space.
Revisions to the scope of work for the project will consist of:
I. Re-designing the metal roof structure, using standard building materials; without jeopardizing the
architectural design. In addition, there will be modifications to the window design changing them
to a fixed position, rather than operable. This should reduce the new bid(s) by approximately
$70,000.
Several areas of the original design were identified as contributing to the excess cost. The largest
of these was the basic roof structure over the "pavilion." The principal building elements
consisted of longspan open web steel trusses covered with an exposed metal roof deck supported
by open web steel joists attached to the trusses. In the opinion of several of the bidders,
expressed after the opening of the bids, the trusses were a major cost factor.
In addition, the skylights proved to be an expensive item. Further, in the wood frame and plaster
gable end walls of the "pavilion," metal windows were provided both for additional daylighting
and for cross ventilating of the upper portion of the metal roof space. A crank operated cable
system was necessary to open and close these windows because of their distance from the floor.
Both the operating system and the openable windows were identified as being more expensive
than alternative designs.
As a result of these investigations, it was determined that a more "off-the-shelf" roof cover could
be obtained. Additional cost savings are provided by replacing the operable windows at the high
gable ends of the building with fixed windows and an open metal louver to allow for the free
flow of air. The end results should be very close to, or better than, what was first designed.
<j/c2
Item:
Meeting Date: 11/18/97
2. Eliminating the Additive Alternate "A" of the air conditioning; but including it in the base bid.
Additive Alternate" A," included in the original bid materials, was for air conditioning to the
new structure. The air conditioning was in the bid as an additive alternative because the seniors
at Norman Park Center believed they could do without the air conditioning as a cost
consideration. However, if the air conditioning could be provided within budgeted funds; they
would like to have it. By re-designing the metal roof and simplifying the windows, staff believes
the project will come in as budgeted, and funds would be available to include the air conditioning
in the base contract.
FISCAL IMPACT: The budget for this project, as approved in the CIP is $258,000. The total amount
of funds available for this project is $255,797, including city staff services and consultant costs. Funds
have already been expended on design and city staff services. The components of the project and their
respective budget are:
1.
2.
3.
Design
Construction
General Administration
Total
$ 12,000
$222,000
$ 24.000
$258,000
There are two sources of funds for this project. Park Acquisition and Development (PAD) funds in the
amount of $243,000; and a donation from the Norman Park Center Senior Club in the amount of
$15,000.
Staff believes that to re-appropriate funds to this project, to accommodate the current bid, would severely
affect current projects.
Re-designing the roof structure to reduce cost will allow the project to remain within budget.
H:\SHARED\ENGINEER\NORMREJ.JRH
9~3
RESOLUTION NO.
/~8'15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING BIDS FOR "THE NORMAN
PARK RECREATION FACILITY - PARTIAL DEMOLITION
AND CONSTRUCTION IN THE CITY OF CHULA VISTA,
CA. (PR194)"
WHEREAS, at 2:00 p.m. on September 17, 1997, in
Conference Room 2 in the Public Services Building, the Director of
Public Works received the following four sealed bids for "The
Norman Park Recreation Facility Partial Demolition and
Construction in the city of Chula Vista, CA (PR194)" project:
BIDDER BID AMOUNT ADOITIVE ALTERNATE "A" TOTAL
Construction Associates $321,068.00 $6,300.00 $327,368
HAR Construction, Inc. $299.000.00 $5,000.00 $304,000
Famania Construction $384,716.00 $7,660.00 $392,376
C.D.M. Construction $289,000.00 $8,408.00 $297,408
WHEREAS, the low bid received for the project exceeded
the engineer's estimate of $200,000.00 for the base bid by
$89,000.00 or 45%, and is in excess of the funds available in the
amount of $255,707; and
WHEREAS, since adequate funds are unavailable to fund the
project, staff is proposing that the type of new construction be
revised by the Architect to reduce costs and that the project be
re-bid; and
WHEREAS, revisions to the scope of work for the project
will consist of:
1. Re-designing the metal roof structure, using standard building
materials; without jeopardizing the architectural design. In
addition, there will be modifications to the window design
changing them to a fixed position, rather than operable. This
should reduce the new bides) by approximately $80,000.
2 .
Eliminating the Additive Alternate "A" of
conditioning; but including it in the base bid.
the
air
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby reject the bids for "The Norman
1
9-tj
Park Recreation Facility - Partial Demolition and Construction in
the City of Chula Vista, Ca. (PR194)".
BE IT FURTHER RESOLVED that staff is directed to re-
advertise the Norman Park Recreation Facility - Partial Demolition
and Construction.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\normpark.rej
2
9-3
~- --"-
. ;"'." '.: .:~
~.
. . '. ',,~,I
James M, Schroeder
227 D Street
Chula Vista, CA, 91910
(619) 427-1505
;,,"~-
"
MEMORANDUM
Date: Friday, November 14,1997
To: The Mayor and Council Members of the City ofChula Vista
From: The undersigned residents ofthe north side of 200 block of D Street
Re: Petition for alternate action ofthe Safety Committee
It came to my attention that action was taken by the Safety Committee on Thursday November
13, 1997 to post the north side of D Street with restrictive permit parking. I discovered the
hearing when a post card notification fell out of junk mail as I was discarding this morning. I
immediately called the City and spoke to Mr. Frank Rivera.
The undersigned do not agree with the action taken by the Safety Committee nor the intermediate
action proposed by City Staff. We respectfully request that the Mayor and Council direct the City
Engineer to suspend work until such time as the City can provide a responsible solution to this
problem that does not impugn the residents of D Street.
We request that the City direct Fedricka Manor to provide parking for its employees, agents and
~in a location other than D Street, including use of on-site areas available within their
. ~. '. ' .'. .... W.. .~ request that the City provide diagonal parking along 3M Ave. by reducing the speed
l.,: .'~oviding one lane for ~ffic along ~e east side of 3M Ave. The City should take
. (;t steps necessary to accomplish these actIOns.
The citizens of North side ofD Street thank you.
~.4c5~' ""
COUNCIL AGENDA STATEMENT
Item / &
Meeting Date 11/18/97
ITEM TITLE: Public Hearing: PCA-98-04; Consideration of an amendment to Section
19.34.030 of the Municipal Code to allow drive-through fast food
restaurants in the C-N Neighborhood Commercial rone, subject to approval
of a conditional use permit - Kelton Title Corporation.
,). 71./~
Ordinance Amending Section 19.34.030 of the Municipal Code to add
drive-through restaurants as a conditional use in the C-N Neighborhood
Commercial zone.
SUBMITTED BY:
REVIEWED BY: City ManagerJ(q -'? (4/5ths Vote: Yes_No X)
Tho C-N N"gh""'hood C~m'~'" = ,~y =1..,,, ""~-". ',d,di" by ink,!,""""
drive-through restaurants. This proposal is a request to amend the zoning ordinance to allow for
drive-through restaurants upon the issuance of a conditional use permit.
The Environmental Review Coordinator has conducted an Initial Study, IS-98-09, of potential
environmental impacts associated with the proposal. Based on the attached Initial Study and
comments thereon, the Coordinator has concluded that there would be no significant impact from
the project and recommends adoption of the Negative Declaration issued on IS-98-09.
RECOMMENDATION: That the City Council adopt the ordinance amending the Municipal
Code to allow drive-through fast food restaurants in the C-N Neighborhood Commercial zone,
subject to approval of a conditional use permit
BOARDS/COMMISSIONS RECOMMENDATIONS: On November 5, 1997, the Planning
Commission voted 5-0 (Ray and Aguilar absent) to approve Resolution No. PCA-98-04
recommending approval of the amendment in accordance with the draft Ordinance attached
hereto.
DISCUSSION:
Although the Zoning Code does not specifically define "drive-through" restaurants (those fast
food facilities offering drive-through lanes in which food is both ordered and picked up from the
vehicle, and taken off-site for consumption), it does address "drive-in" restaurants (those at which
food is ordered from and consumed in the parked car on the premises, such as the drive-in
/tY~ I
Page 2, Item
Meeting Date 11/18/97
formerly known as Sonic near Palomar and Third Avenue). Specifically, "drive-ins" are
prohibited in the C-N Neighborhood Commercial wne. Due to the similarly automotive-oriented
nature of both drive-in and drive-through restaurants and their similar impacts upon the smaller,
more pedestrian oriented uses and intent of the C-N wne, staff has consistently interpreted the
prohibition on drive-in restaurants to apply to drive-throughs as well.
A fast food restaurant without a drive-through may be operated in the C-N zone since the code
does not distinguish it from a non-fast food restaurant. The Municipal Code currently allows for
fast food restaurants with drive-in/drive-throughs as permitted uses in the C-B Central Business,
C-C Central Commercial, C-V Visitor Commercial, and C-T Thoroughfare Commercial Zones.
Proposal
The applicant proposes an amendment to the Zoning Code to allow drive-through restaurants in
the Neighborhood Commercial zone, subject to the approval of a conditional use permit. This
amendment would not apply to drive-in restaurants which, as noted previously, are precluded in
the C-N zone.
ANALYSIS:
C-N Zones - Intent
The stated purpose and intent of the C-N zone is to provide for convenience goods and services
within residential neighborhoods in a manner which is complementary to and compatible with the
surrounding residential neighborhood. Permitted uses within the C-N zones include, among
others, grocery stores, restaurants, and professional offices. Service stations and automated car
washes are among the conditional uses in the C-N zone. The C-N zone also limits hours of
business operations to between 7:00 a.m. and 11:00 p.m. unless specifically approved by the
Planning Commission. An exhibit depicting the location of each of the nine sites zoned C-N in
the City is included as Attachment 3.
Some of the City's C-N zoned centers are still characterized by their smaller, quieter, and more
neighborhood and pedestrian oriented buildings and uses. However, in analyzing the various
commercial centers within the City's C-N zones, staff has found that a number of them seem to
be in transition, moving away from the neighborhood-serving intent and image defined by the C-N
zone's stated purpose and intent. Large and intense uses nearby as well as major street
circulation patterns and increased traffic have already served to change the character of the
neighborhoods in which some C-N wnes are found.
/ t9 ~2
Page 3, Item
Meeting Date 11/18/97
C-N Zones - Character of Vicinity
Examples of the changing neighborhoods surrounding certain C-N zones are located on Bonita
Road and Otay Valley Road (see Attachments 4a and 4b). Both are adjacent to multiple family
uses, convenience stores, and service stations. Further, both are also in close proximity to hotels.
Similarly, the C-N zone on Otay Lakes Road (Attachment 4c) is across the street from a
community college and is close to two community-serving commercial centers (both of which
have drive-through restaurants).
C-N Zones - Traffic/Circulation
Existing and planned traffic patterns also affect the character of the areas in which the C- N zones
are located (see Attachment 5 for General Plan street designations for C-N zones). For example,
the C-N zoned property which the applicant intends to develop is located on Otay Lakes Road east
and south of Southwestern College. Otay Lakes Road at this point is designated as a six-lane
prime arterial; prime arterials are designed to move traffic between major traffic generators. As
noted previously, Southwestern College (which serves in excess of 15,000 students), Bonita Vista
High School, and two commercial centers both of which are zoned Central Commercial are all
within the vicinity of the subject site. Thus, other factors have already been established which
draw customers from the larger community and thus increase traffic.
Similar circumstances can also be found in certain other C-N zoned locations. The C-N zone on
the south side of Otay Valley Road is located on a 4-lane major arterial, as are the zones located
on Bonita Road and at Melrose and East Orange Avenues.
C-N Zone - Conditional Uses
Lastly, as a result of a Municipal Code amendment some years ago, automated car washes may
be considered through the conditional use permit process in the C-N zone, and automotive service
stations have long been a conditionally-permitted use in this zone. As a result, the allowance for
drive-through restaurants in this zone through the CUP process is not inconsistent with current
treatment of other drive-through type similar uses.
CONCLUSION:
The conditional use permit process provides for the more in-depth review necessary to allow
public input and the assurances of maintaining neighborhood quality. Since this is a discretionary
process, it ensures that proposals are evaluated on a case-by-case basis, allows the imposition of
conditions to ensure compatibility, and does not guarantee approval should a project prove
inappropriate or insensitive to the surrounding neighborhood.
/17--3
Page 4, Item
Meeting Date 11/18/97
A drive-through restaurant, as distinguished from a drive-in restaurant, can be considered a use
which provides a convenient service for residents of the surrounding neighborhood. Although it
may also draw customers from the larger community, existing conditions in the vicinity would
contribute to this and, again, the conditional use permit process would provide for the more in-
depth analysis of such factors as neighborhood character and compatibility, availability of sound-
buffering buildings or devices to address noise, and closer site plan analysis to protect pedestrian
patterns.
As a result of the foregoing discussion, staff recommended and the Planning Commission
concurred with the recommendation to amend the Municipal Code to add drive-through
restaurants as a conditional use within the C-N Neighborhood Commercial Zone.
FISCAL IMPACT:
The applicant has paid all costs and fees associated with processing this project.
~
I Attaclunents
U {I. Draft City COWlcil Resolution
~ 2. Planning COfiWlission Resolution
3. C-N zones - Locations
. .' 4. Locators - Specific C-N Sites
~ 5. Street Designations for C-N Locations ~
6. Environmental Docwnentation - ~ tJ .L'J t!-dM.
{7. Disclosure Statement
} 8. Planning Commission Minutes - 11/5/97
.;I
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)jJ /;j
ORDINANCE NO.
~7/~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW DRIVE-THROUGH
RESTAURANTS IN THE C-N NEIGHBORHOOD
COMMERCIAL ZONE SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
WHEREAS, the C-N Neighborhood Commercial zone does not presently allow for
drive-through restaurants as a permitted or conditional use; and,
WHEREAS, Kelton Title Corporation has submitted a request to amend the Municipal
Code to allow for drive-through restaurants in the C-N zone upon the issuance of a
conditional use permit; and,
WHEREAS, drive-through restaurants can be considered a use which provides a
convenient service for residents of the surrounding neighborhood, and the conditional use
permit process ensures the evaluation of such proposals on a case-by-case basis to ensure
compatibility with the surrounding neighborhood; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-
98-09, of potential environmental impact associated with the proposal and has concluded that
there would be no significant environmental impacts, and recommends adoption of the
Negative Declaration issued on IS-92-12; and,
WHEREAS, on November 5, 1997 the Planning Commission voted unanimously (5-0)
to recommend that the City Council enact the amendment in accordance wtih its Resolution
PCA-98-04; and,
WHEREAS, the City Clerk set the time and place for a hearing on said amendments
to the Municipal Code, and notice of said hearing together with its purpose was given by its
publication in a newspaper of general circulation in the City at least 20 days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
November 18, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
City Council and said hearing was thereafter closed.
NOW, THEREFORE, The City Council of the City of Chula Vista does hereby find,
determine, and ordain as follows:
SECTION I: That there will be no significant impacts resulting from the project, and does
hereby adopt the Negative Declaration issued on IS-98-09.
/tJ- 5
SECTION II: That the public necessity, convenience, general welfare, and good zoning
practice justify the amendment, and that the amendment is consistent with the General Plan
of the City.
SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is hereby
amended to add Subsection J to read as follows:
Sec. 19.34.030 Conditional Uses.
.-..
SECTION IV: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of November, 1997.
Presented by
Approved as to form by
Kenneth G. Lee
Acting Director of Planning
~~.~
John M. Kaheny
City Attorney
/tY~ 6 /M- /!l
ORDINANCE NO.
Attachment 1
-1f ;' /)
. /{/
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW DRIVE-THROUGH
RESTAURANTS IN THE C-N NEIGHBORHOOD
COMMERCIAL ZONE SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
WHEREAS, the C-N Neighborhood Commercial wne does not presently allow for drive-
through restaurants as a permitted or conditional use; and,
WHEREAS, Kelton Title Corporation has submitted a request to amend the Municipal
Code to allow for drive-through restaurants in the C-N wne upon the issuance of a conditional
use permit; and,
WHEREAS, drive-through restaurants can be considered a use which provides a
convenient service for residents of the surrounding neighborhood, and the conditional use permit
process ensures the evaluation of such proposals on a case-by-case basis to ensure compatibility
with the surrounding neighborhood; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-98-09,
of potential environmental impact associated with the proposal and has concluded that there would
be no significant environmental impacts, and recommends adoption of the Negative Declaration
issued on IS-92-12; and,
WHEREAS, on November 5, 1997 the Planning Commission voted unanimously (5-0) to
recommend that the City Council enact the amendment in accordance wtih its Resolution PCA-98-
04; and,
WHEREAS, the City Clerk set the time and place for a hearing on said amendments to the
Municipal Code, and notice of said hearing together with its purpose was given by its publication
in a newspaper of general circulation in the City at least 20 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely November
18, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE, The City Council of the City of Chula Vista does hereby find, determine,
and ordain as follows:
SECTION I: That there will be no significant impacts resulting from the project, and does
hereby adopt the Negative Declaration issued on IS-98-09.
I
SECTION II: That the public n=ssity, convenience, general welfare, and good zoning practice
justify the amendment, and that the amendment is consistent with the General Plan of the City.
SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is hereby
amended to add Subsection J to read as follows:
Sec. 19.34.030 Conditional Uses.
J 'QQy~#grQ~gljr~~f@j,!!ifit~(
SECTION IV: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of November, 1997.
Presented by
Approved as to form by
Kenneth G. Lee
Acting Director of Planning
John M. Kaheny
City Attorney
'2..
Attachment 2
RESOLUTION PCA-98-04
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A MUNICIPAL CODE AMENDMENT TO CHAPTER 19.34
TO ALLOW DRIVE-THROUGH RESTAURANTS AS A
CONDITIONALLY PERMITTED USE IN THE C-N NEIGHBORHOOD
COMMERCIAL ZONE
WHEREAS, a duly verified application for a Municipal Code amendment was filed with
the City of Chula Vista Planning Department on September 16, 1997 by Kelton Title Corporation
("Applicant"); and,
WHEREAS, said application requests approval of a Municipal Code amendment to allow
consideration of drive-through restaurants in the C-N Neighborhood Commercial zone through
the conditional use permit process; and,
WHEREAS, drive-through restaurants can be considered a use which provides a
convenient service for residents of the surrounding neighborhood, and the conditional use permit
process ensures the evaluation of such proposals on a case-by-case basis to ensure compatibility
with the surrounding neighborhood; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study IS-98-09,
of possible environmental impacts associated with the Municipal Code amendment and
recommends adoption of the Negative Declaration issued thereon; and,
WHEREAS, the Planning Director set the time and place for a public hearing on said
application and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city; and,
WHEREAS, the hearing was held at the time and place as advertised, namely October 22,
1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission voted 5-0 to recommend that the City Council
approve said municipal code amendment as stated in the draft City Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Resolution
PCA-98-04, recommending that the City Council of the City of Chula Vista adopt attached draft
City Council Resolution approving the Municipal Code amendment to allow drive-through
restaurants as a conditional use in the Neighborhood Commercial zone.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 5th day of November 1997 by the following vote, to-wit:
A YES: Commissioners Davis, O'Neill, Tarantino, Thomas, and Willett
NOES: None
ABSENT: Commissioners Aguillar and Ray
ABSTAIN: None
Patty Davis, Chair
Diana Vargas, Secretary
<'/
lEGEND
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJEC7 PROJECT DESCRIPTION:
C) APPLlCA.t'-.'"':": LOCATION MAP
PR8J:::Ci Lo::ation of C,N (Commercial Neighborhood) zones within
ADDRESS: the City of Chula VISts.
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NORTH N: S::ale
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTIDN:
C) APPLICANT:
PROJECT CN Zone - Bonita Road @ Bonita Glen Drive
ADDRESS:
SCALE: FILE NUMBER: 7
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SCALE: FILE NUMBER: 8'
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Attachment 5
C-N Neighborhood Commercial Zones
Location General Plan Street Designation
Otay Lakes Rd. south of Southwestern 6-lane prime arterial
College
Bonita Rd @ Bonita Glen Drive 4-lane major arterial
East J Street, east of Hilltop Drive Class 2 col1ector
L StreetfTelegraph Canyon Rd (@ Nadon). 6-lane major
Hil1top Drive @ East Naples St Class 2 col1ector
Hilltop Drive @ East Rienstra St. Class 1 col1ector
Hilltop Dr @ Orange Ave Class 1 collector
East Orange Avenue @ Melrose 4-lane major arterial
South side of Otay Val1ey Road between 1- 4-lane major arterial
805 and Melrose Avenue
II
Attachment 6
negative declaration
PROJECT NAME: Code Amendment to Allow Drive-Through Restaurants in the
C-N Zone
PROJECT LOCATION:
City-wide
PROJECT APPLICANT:
Kelton Title Corporation
CASE NO: IS-98-09
DATE:
10/7/97
A. Project Setting
The proposed project consists of an amendment to the zoning code to allow the
consideration of drive-through restaurants in the C-N zone. The amendment would be
City-wide and would thus provide the opportunity for drive-through restaurants to be
considered in any of the City's nine C-N zone locations. ..
B. Project Description
The proposed amendment would permit drive-through restaurants in the Neighborhood
Commercial zone upon issuance of a conditional use permit.
C. Compatibility with Zoning and Plans
The Chula Vista Municipal Code states that the purpose of the Neighborhood Commercial zone
is to provide shopping centers for convenience shopping in residential neighborhoods. These
shopping centers must be compatible with and complement the surrounding residential area.
Automobile service stations and automated, drive-through car washes are currently permitted
in the C-N zone with approval of a conditional use permit. Service stations cater to repair and
other automotive needs, and automated carwashes provide a fast convenient service during
which customers need not leave their cars. Thus, both uses are similar to the drive-through use
proposed.
The requirement for a conditional use permit ensures that each drive-through restaurant would
be reviewed individually, including analysis of the specific area in which it is proposed.
Among the factors analyzed would be compatibility with the surrounding neighborhood.
The proposed zoning text amendment would be compatible with the Retail commercial,
Thoroughfare Commercial, and Visitor Commercial designations of the General Plan, and the
proposed amendment is therefore compatible with the General Plan.
)0-/3 ~(~
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city of chul. "llt. planning department CI1Y Of
en"lronmental re"lew .ectlon. CHULA VISTA.
\
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached Environmental
Checklist Form) determined that the proposed project will not have a significant environmental
effect, and the preparation of an Environmental Impact Report will not be required. This
Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines.
E. Mitigation necessary to avoid significant effects
There is no evidence that the proposed project will result in any significant or potentially
significant environmental impacts, therefore, no project specific mitigation is required.
F. Consultation
1. Individuals and Organizations
City of Chula Vista: Patty Nevins, Planning
Doug Reid, Planning
Cliff Swanson, Engineering
Garry Williams, Planning
Ken Larsen, Director of Building & Housing
Doug Perry, Fire Marshal
MaryJane Diosdado, Crime Prevention
Jerry Foncerrada, Parks & Recreation Dept.
Office of the City Attorney
Chula Vista City School District: Dee Peralta
Sweetwater Union High School District: Katie Wright
Applicant's Agent:
Linda Lasher
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
TUle 19, Chula Vista Municipal Code
/ tJ ~/~
3. Initial Study
This envirorunental determination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review
period for this Negative Declaration. The report reflects the independent judgement of
the City of Chula Vista. Further information regarding the envirorunental review of
this project is available from the Chula Vista Planning Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
h:/homelplanning/patty/is9809 .nd
/0 -/~
Case No.IS-98-09
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
Kelton Title Corporation
2.
Lead Agency Name and Address:
City of Chula Vista
3. Address and Phone Number of Proponent: Kelton Title Corporation
5109 Waring Road
San Diego, CA 92120
619/425-9600
4.
Name of Proposal:
Zoning Text Amendment to allow Drive-Through Restaurants in the C-
N Neighborhood Commercial Zone
S. Date of Checklist: October 7, 1997
Potentially
Potmtially Significant '- !ban
Significant Unl~ Significant N.
Impact Mitigated Impact Impact
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? 0 0 0 181
b) Conflict with applicable environmental plans or policies 0 0 0 181
adopted by agencies with jurisdiction over the project?
c) Affect agriculwral resources or operations (e.g., impacts 0 0 0 181
to soils or farmlands, or impacts from incompatible land
uses)?
d) Disrupt or divide the physical arrangement of an 0 0 0 181
established community (including a low-income or
minority community)?
Comments: The proposed zoning code amendment is compatible with existing General Plan and Zoning
Ordinance designations. Implementation would not create a significant impact on City land use and planning
ordinances.
II. POPULA nON A.1\'D HOUSING. Would the proposal:
If) -I?
PotentbrJIy
Potentially Sirnilicut. '- than
Sipiliaud. UnI.. Silnificant N.
'- Mitipted Impact Impact
a) Cumulatively exceed official regional or local population 0 0 0 ~
projections?
b) Induce substantial growth in an area either directly or 0 0 0 181
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)?
c) Displace existing housing, especially affordable housing? 0 0 0 181
Comments: The proposed amendment is consistent with existing regulations and does not propose any activity
that will effect growth rate or location of existing population.
III. GEOPHYSICAL. Would the proposal result in or expose
people to potential impacts involving:
a) Unstable earth conditions or changes in geologic 0 0 0 181
substructures?
b) Disruptions, displacements, compaction or overcovering 0 0 0 181
of the soil?
c) Change in topography or ground surface relief features? 0 0 0 181
d) The destruction, covering or modification of any unique 0 0 0 ~
geologic or physical features?
e) Any increase in wind or water erosion of soils, either on 0 0 0 181
or off the site?
1) Changes in deposition or erosion of beach sands, or 0 0 0 181
changes in siltation, deposition or erosion which may
modify the channel of a river or stream or the bed of the
ocean or any bay inlet or lake?
g) Exposure of people or property to geologic hazards such 0 0 0 181
as earthquakes, landslides, mud slides, ground failure, or
similar hazards?
Comments: The proposed amendment would not create any potential geological impacts.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the 0 0 0 ~
rate and amount of surface runoff?
b) Exposure of people or property to water related hazards 0 0 0 ~
such as flooding or tidal waves?
c) Discharge into surface waters or other alteration of 0 0 0 ~
surface water quality (e.g., temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface water in any water 0 0 0 ~
body? /6- /1
PotentiaJly
PotaJtially SiCnlnamt L<a than
Siz:nifiamt UoI... SiCniticant N.
Impact Mitigated impact Impact
e) Changes in =ents, or the course of direction of water 0 0 0 181
movements, in either marine or fresh waters?
t) Change in the quantity of ground waters, either through 0 0 0 181
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations?
g) Altered direction or rate of flow of groundwater? 0 0 0 181
h) Impacts to groundwater quality? 0 0 0 181
i) Alterations to the course or flow of flood waters? 0 0 0 181
j) Substantial reduction in the amount of water otherwise 0 0 0 181
available for public water supplies?
Comments: The proposed amendment would have no impact on groundwater quality.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an 0 0 0 181
existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 181
c) Alter air movement, moisture, or temperature, or cause 0 0 0 181
any change in climate, either locally or regionally?
d) Create objectionable odors? 0 0 0 181
e) Create a substantial increase in stationary or non- 0 0 0 181
stationary sources of air emissions or the deterioration of
ambient air quality?
Comments: Although the proposed amendment would provide for the consideration of automobile-related
uses, the amendment itself would not create any impacts on air quality.
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion? 0 0 0 181
b) Hazards to safety from design features (e.g., sharp curves 0 0 0 181
or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to nearby uses? 0 0 0 181
d) Insufficient parking capacity on-site or off-site? 0 0 0 181
e) Hazards or barriers for pedestrians or bicYClio _ /7 0 0 0 181
Potentially
potmtially Slgnincam. Lao than
SiCniticant Unl~ SicnUic:ant N.
I""",,, Mitigated Impact I""",,,
f) Conflicts with adopted policies supporting alternative 0 0 0 t8I
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? D D D 181
h) A "large project" under the Congestion Management 0 0 0 t8I
Program? (An equivalent of 2400 or more average daily
vehicle trips or 200 or more peak-hour vehicle trips.)
Comments: Traffic generation figures per SANDAG actually indicate a decrease in ADT's when comparing
fast food restaurants with drive through service to fast food restaurants without drive through service (which
are already permitted).
VII. BIOLOGICAL RESOURCES. Would the proposal result in
impacts to:
a) Endangered, sensitive species, species of concern or 0 D D 181
species that are candidates for listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 t8I
c) Locally designated natural communities (e.g, oak forest, D D 0 181
coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal pool)? 0 0 0 181
e) Wildlife dispersal or migration corridors? 0 0 0 181
f) Affect regional habitat preservation planning efforts?
o
D
o
181
Comments: The proposed amendment would have no impact on biological resources.
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal:
a) Conflict with adopted energy conservation plans? 0 0 0 181
b) Use non-renewable resources in a wasteful and inefficient 0 0 0 181
manner?
c) If the site is designated for mineral resource protection, 0 0 0 181
will this project impact this protection?
Comments: Although the proposed amendment relates to an automotive-oriented use, the proposed project will
not have any impact on energy or fuel consumption as drive through restaurants are already permitted
elsewhere in the City.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: petroleum I C1
products, pesticides, chemicals or radiation)? /0'-- I
o
o
o
181
b) Possible interference with an emergency response plan or
emergency evacuation plan?
Potartially
PotmtiaJly Sirntnamt Lao than
Significant. Un!.. Signinc:ant No
Impact Mitigated Import Impart
0 0 0 181
c) The creation of any health hazard or potential health
hazard?
d) Exposure of people to existing sources of potential health
hazards?
D
D
D 181
D 181
D 181
would not release
D
D
e) Increased fIre hazard in areas with flammable brush,
grass, or trees?
Comments: The proposed amendment would not cause a risk of upset in the City, and
toxic or hazardous material inio the environment during upset conditions.
D
o
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? D 0 D 181
b) Exposure of people to severe noise levels? D 0 181 D
Comments: The proposed amendment would provide for a use which may create minor exterior noise levels
through the use of exterior speaker boxes. However, any such noise would be required to adhere to existing
City noise standards, and compliance will be ensured through the conditional use permit process.
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered goveml7lEnt
services in any of the following areas:
a) Fire protection? D D D 181
b) Police protection? 0 0 D 181
c) Schools? D D D 181
d) Maintenance of public facilities, including roads? D D D 181
e) Other governmental services? D D D 181
Comments: No new governmental services will be required for the proposed amendment.
XII. Thresholds. Will the proposal adversely impact the City's
Threshold Standards?
Comments: The proposal is not site-specifIc; therefore, the Threshold Standards do not apply at this time.
Compliance with the City's Threshold Standards will be evaluated upon submittal of individual projects.
/6 -~_.o
Potentially
Potentially SI.nilicant '-.....
SiCnlfic:ant UnI.. Sia:nU'icant S.
Impa" Mitipted Impact Impact
XIII. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a needfor new systems, or substantial
alterations to the following utilities:
a) Power or natural gas? 0 0 0 t8I
b) Communications systems? 0 0 0 t8I
c) Local or regional water treatment or distribution 0 0 0 t8I
facilities?
d) Sewer or septic tanks? 0 0 0 t8I
e) Storm water drainage? 0 0 0 t8I
f) Solid waste disposal? 0 0 0 t8I
Comments: Tbe proposed amendment will not generate a need for new systems or alteration to the
aforementioned utilities.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the public or 0 0 0 t8I
will the proposal result in the creation of an aesthetically
offensive site open to public view?
b) Cause the destruction or modification of a scenic route? 0 0 0 t8I
c) Have a demonstrable negative aesthetic effect? 0 0 0 t8I
d) Create added light or glare sources that could increase 0 0 0 t8I
the level of sky glow in an area or cause this project to
fail to comply with Section 19.66.100 of the Chula Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light? 0 0 0 t8I
Comments: Scenic highways will not be affected by the proposal.
XV. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or the 0 0 0 t8I
destruction or a prehistoric or historic archaeological
site?
b) Will the proposal result in adverse physical or aesthetic 0 0 0 t8I
effects to a prehistoric or historic building, structure or
object?
c) Does the proposal have the potential to cause a physical 0 0 0 t8I
change which would affect unique ethnic cultural values?
It) ~ 2.1
PotartiaUy
Potentially Signincant '- than
SigDificant UnI.. SilrUlicant N.
I...." Mitigated, I...." Impact
d) Will the proposal restrict existing religious or sacred uses 0 0 0 181
within the potential impact area?
e) Is the area identified on the City's General Plan EIR as an 0 0 0 t8I
area of high potential for archeological resources?
Comments: The proposed amendment will have no impact on cultural resources.
XVI. PALEONTOLOGICAL RESOURCES. Will the proposal 0 0 0 t8I
result in the alteration of or the destruction of
paleontological resources?
Comments: The proposed amendment will have no impact on paleontological resources.
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks 0 0 0 t8I
or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 181
c) Interfere with recreation parks & recreation plans or 0 0 0 181
programs?
Comments: Recreational facilities will not be affected by the amendment.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See
Negative Declaration for mandatory findings of significance.
If an ElR is needed, this section should be completed.
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the major
periods or California history or prehistory?
Comments: The proposed amendment will not degrade the quality of the environment nor will it impact
biological resources.
o
o
o
181
b) Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
o
o
o
181
Comments: The proposed amendment is consistent with existing regulations, and will not negatively impact
long-term environmental goals.
/0 ~ 12-2...
c) Does the project have impacts that are individual1y
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
Comments: The proposed amendment does not have impacts that are either individually limited nor
cumulatively considerable.
Pot.entiaJly
Pot.eatiaJly Sicnlncant L<a than
Sir.:nlricaDf. UnI", Sicnincant No
Impact Mitig.t.ed Impact Impact
0 0 0 ~
d) Does the project have environmental effect which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Comments: The proposed amendment will not adversely affect human beings.
o
o
o
~
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the project and will be
implemented during the design, construction or operation of the project:
None.
XX. ENVIRONMENfAL FACTORS POTENfIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potential1y Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the fol1owing pages.
0 Land Use and Planning 0 TrausportationJ Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service
Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
o Air Quality 0 Noise 0 Recreation
0 Mandatory Findings of Significance
I~ ~ '2.3
XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I fmd that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but
at least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
4F~:/
Signature .
Date
to) ~/t:f?
, ,
Douglas D. Reid
Environmental Review Coordinator
City of Chula Vista
(()- ~'f
181
D
D
D
D
THE Cr OF CHULA VJSTA DISCLOSURE ST}'-:=J;
Attachment 7
You arc required to fiJc a Slalemenl or Di,c!osure of certain ownership Dr fJnJnci"_, r-J'''-''~' u' ..."mpaign
contrihutior.s. on aU maIlers which wiJJ require discretionary aClion on the pari of lhe City Council, Planning Commis.sion, and
all olher official bodies. The following information must be disclosed:
1. List the names of 211 persons h;Jving a financial intcrest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2.
3.
4.
5.
6.
Date:
1< L' ~d kel+v-n
1) ~V i ol kJ 1-b-i\
Iv\ [t;( k f<e rt-uv\
If any person' identified pursuant!o (I) above is a corporation or partnership, list the names of all individuals owning
more than 10% of the shares in the corporation or owning any partncrship intere,<l in the partnership.
If any person' identified pursuant 10 (1) above is non-profit organization or a trust, list the names of any person
serving as direclOr of the non-profit organization or as trustee or beneficiary or truslOr of the trusL
Have you had more than S250 worth of business transacted with any mem~of the City staff, Boards, C0mmissions,
Commillees, and Council within the past twelve months? Yes_ No_ If yes, please indicate person(s):
PJ=e identify each and every pecson, including any agents, employees, consultants. or independent contractors who
you have assigned to represent you before the City in this mal1er.
Li AJa LL5~M
Have you and/or your officers or agenls, in the aggregate, contributed more than S1,CXXJ to a C0uncilmember in the
currcnl or preceding eleclion period? Ycs_ No \/' If yes, state which C0uncllmember(s):
, . , (NOTE'
Attach additionaJ pages (fvr~ 'OL
Signature of contractor/applicant
ti n~ U?Jr,vi"
Z~ Print or type name of contractor/applicant
qll~q1
P~Jon U dcf:'!I~:: =.1; "AllY jn.d.::'i.:!.1Jal, fin,.., co-parI1l~r.ip. join: \'C1l.'lm::. c.:socialUm. social dub, fra:~:..:;/ nrr:tJ!1i~lJ()fl, cnrporollOfL. esla.te, 11"..:s'., ~c,iv~, Sy,u:JjC!Jl~
Ih.i$ wul all)' oIh=: (awlfY, dr)' :;J;':; coumry. cit)' mumdpaiiry, duoic!, or mhe- polilhal subtb\'i.sioll, or :;ny QUler [7oup or cornhuJQJiofl DeulIg llJ a w1iL....
ATTACHMENT 8
MINUTES OF A SPECIAL MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:04 p.m.
Wednesday, November 5,1997
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CALL:
Present: Chair Davis, Vice Chair Willett, Commissioners: Tarantino, Thomas, O'Neill
Absent: Commissioners Aguilar, Ray
Staff Present: Ken Lee, Acting Planning Director
Patty Nevins, Acting Associate Planner
Jeff Steichen, Assistant Planner
Brad Remp, Assistant Director of Building and Housing
Ann Moore, Assistant City Attorney
MOTION TO EXCUSE
MSC (Willett/O'Neill) 5-0-2 to excuse Commissioner Ray and Aguilar. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS:
Read into the record by Chair Davis.
APPROVAL OF MINUTES:
August 13, 1 997
MSC (Willett/Thomas) 5-0-2 (Ray, Aguilar, excused) to approve the minutes of August 13,
1997 as submitted.
ORAL COMMUNICATIONS: None
1. PUBLIC HEARING: PCA-98-04; Consideration of an amendment to Section 19.34.030 of
the Municipal Code to allow drive-through fast-food restaurants in the
CoN Neighborhood Commercial Zone, subject to approval of a
conditional use permit - Kelton Title Corporation.
Background: Patty Nevins, reported that PCA-98-04 is an amendment to the zoning code to
allow drive-through fast-food restaurants in the C-N Zone subject to the approval of the
Conditional Use Permit. The purpose of the C-N Zone is to provide convenience, goods and
services within residential neighborhoods in a manner which is complementary to, and
compatible with the surrounding residential neighborhood.
Ms. Nevins further stated that although the zoning code does not specifically define drive-
27
Planning Commission Minutes
- 2-
November 5, 1997
through restaurants, it does address drive-in restaurants, which are prohibited in the C-N Zone.
Due to the similar automotive-oriented nature of the two, staff has consistently interpreted the
prohibition on drive-in restaurants to apply to drive-through restaurants as well.
After receiving the application, staff analyzed the nine C-N zone commercial centers located
within the City. Staff's findings were that a number of these C-N zones appeared to be in
transition due to external contributing factors, which seem to have changed the character of
some of these zones, such as; large and intense uses nearby, major streets, circulation patterns
and increased traffic. The result has been that not only are these zones serving the surrounding
neighborhood, but are now also serving residents from other neighborhoods with the City.
Ms. Nevins indicated that the use of the Conditional Use Permit process provides for more in-
depth review, allows public input, and protection of neighborhood quality, when necessary,
insures that proposals are evaluated on a case-by-case basis, allows the imposition of conditions
and does not guarantee approval should a project prove to be inappropriate.
Presently, drive-through car washes and service stations are conditionally permitted uses and
staff finds that the allowance of drive-through restaurants would be consistent with those two
uses that are already provided for in the C-N zone.
Staff Recommendation: That the Planning Commission adopt Resolution PCA-98-04,
recommending that the City Council approve the amendment to allow the consideration of
drive-through restaurants in the C-N zone through the conditional use permit process.
Commission Discussion:
. Commissioner Thomas expressed concern with the Conditional Use Permit process in
that a business may be in non-compliance, however, unless a complaint is filed, there
is no system in place to follows-through with enforcement in bringing it into
compliance, therefore, the CUP roles over year after year.
Ken Lee, Acting Planning Director, stated that one of the first steps in going through
the Conditional Use Permit process is to determine whether or not the use is
compatible with the adjacent uses, and if not, address the conditions that would make
it compatible.
Mr. Lee further stated that ideally, the CUP's should systematically be reviewed on a
yearly or quarterly basis, with the conditions being reviewed and site visits being
conducted to check to see if they are in compliance. However, understaffing precludes
this from happening, therefore, the complaint process is what staff relies on.
Commissioner Thomas further stated that there a number of CUP's that have a number
of conditions required in order to bring it into compliance, however, some of these
requirements would not necessarily generate a complaint; case in point, the swap meet
'2..7
Planning Commission Minutes
- 3-
November 5, 1997
located on L Street which had a parking lot pavement program as part of the conditions
the City was requiring.
Director Lee stated that those types of requirements are imposed by the City and
followed-up up by the City as well. Taking the stated example of the swap meet; the
City is presently corresponding with the applicant with regards to the base material that
is to be used for temporary paving of the parking lot. There is a dispute over the base
material being an oil-mix vs. water base, and we are waiting for the City Engineer to
render an opinion on a base material that would meet present standards and be
acceptable to the City Engineer.
. Commissioner Tarantino stated that through the public hearing notification process,
the residents are given an opportunity to address the Commission and voice their
concerns on a project during the Public Hearing. The applicant is then cognizant of
what the potential problems and/or concerns of the neighborhood are, and is therefore,
in most cases, willing to address those concerns prior to it developing into filing of a
formal complaint in the future.
. Commissioner Willett inquired if after a designated period of time has passed and there
have been no complaints, could the land use allowed under the CUP be considered
as an allowable use under the code.
Assistant City Attorney Moore responded that CUP's run with the land and is tied to
that piece of property. The underlying use remains the same except for that CUP, and
does not change the characterization of the land.
Public Hearing Opened 7:15
No one from the public wishing to speak.
Public Hearing Closed
MSC (Willett/Thomas) (Commissioners Aguilar and Ray absent) that the Planning Commission
adopt Resolution PCA-98-04, recommending that the City Council approve the amendment
to Section 19.34.030 of the Municipal Code to allow drive-through fast food restaurants in
the CoN zone through the conditional use permit process. Motion carried.
'7-1
COUNCIL AGENDA STATEMENT
REVIEWED BY:
/3"2"/ ),
RESOLUTION ACCEPTING $99,250 FROM THE U. S. DEPARTMENT
OF JUSTICE - OFFICE OF COMMUNITY POLICING SERVICES "COPS"
PROBLEM-SOLVING PARTNERSHIP GRANT AND APPROPRIATING SUCH
FUNDS FOR PERSONNEL AND EQUIPMENT PROCUREMENT.
Chief of pOliceV / ~
City Manage~C1. ~ tyJ; \ (4/5ths Vote: YeslL No_)
Item / /
Meeting Date 11/18/97
ITEM TITLE:
SUBMITTED BY:
BACKGROUND:
The Police Department has recently received notice of a COPS Partnership grant award in the
amount of $99,250. The department received one of thirty (301 grants distributed statewide. The
grant will be used to address the problem of residential burglary in a collaborative effort with local
realtors.
RECOMMENDATION: That Council approve the resolution accepting $99,250 from the U. S.
Department of Justice - Office of Community Policing Services "COPS" problem-solving
partnership grant and appropriate such funds for personnel and equipment procurement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Chula Vista Police Department was awarded one of thirty U. S. Department
of Justice problem solving partnership grants statewide. The focus of the grant is the problem of
residential burglary. Despite city-wide crime rate decreases, there were 902 residential burglaries
in Chula Vista in 1996.
This grant gives the Department a unique opportunity to examine our investigative techniques and
processes as they relate to residential burglary. It funds a part-time Crime Analyst and a part-time
Latent Print Examiner (civilian employees) for the life of the grant. This will allow the Department
to analyze the residential burglary problem, refine investigative techniques and increase the amount
of evidence processed and suspects identified.
One of the most important aspects of the grant is the problem-solving partnership component.
This grant will allow the Police Department to work with development companies and realtors in
an effort to make future homes iess of a burglary target.
With preexisting homes, the Department plans to work with the Board of Realtors allowing them
to develop an incentive program for homeowners to modify their residence in an effort to again
make the homes less of a burglary target.
Acceptance of this grant and its success will make Chula Vista a national role model introducing
Community Oriented Policing to the Investigative side of policing.
//~/
Page 2, Item _
Meeting Date 11/18/97
FISCAL IMPACT:
The acceptance of the $99,250 grant award from the U. S. Department of Justice is for a one-
year project that has no fiscal impact on the General Fund. Staff hired as part of this grant will
be hired only for the duration of the grant. If accepted, the funds will be assigned to Account
100-1084. For a breakdown of the distribution of funds see Attachment 1.
(10) C:\wp51\scs\a113s\CQPSGRAN.113 [November 11,1997 (4:15pm)]
//-;2
PROBLEM-SOLVING PARTNERSHIP GRANT
BUDGET
PERSONNEL COSTS:
Latent Print Examiner (half-time) - $30,000.00
Crime Analyst (half-time) - $24,000.00
TOTAL
$54,000.00
(Account #100-1084-5105)
Fringe Benefits - $2,815.00
(Account #100-1084-5143 $790.00 to Medicare)
(Account #100-1084-5145 = $2,025.00 to PARS)
Total personnel costs of $56,815.00 will cover two
part-time/temporary employees for a total of 1,200 hours
each over two fiscal years.
TRAVEL:
$ 2,000.00
(Account #100-1084-5221)
$ 5,000.00
(Account #100-1084-5560)
SUPPLIES: (Other Commodities) $ 2,410.00
(Account #100-1084-5398)
EQUIPMENT: (Computer)
CONTRACTUAL REQUIREMENTS: $33,025.00
(Account #100-1084-5298)
The above listed items are requirements of the federal grant
and approved by the Department of Justice in the issuance of
the grant funding.
GRAND TOTAL:
$99,250.00
v3
RESOLUTION NO.
/ fS8')~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $99,250 FROM THE U. S.
DEPARTMENT OF JUSTICE - OFFICE OF COMMUNITY
POLICING SERVICES "COPS" PROBLEM-SOLVING
PARTNERSHIP GRANT AND APPROPRIATING SUCH FUNDS
FOR PERSONNEL AND EQUIPMENT PROCUREMENT
WHEREAS, the Police Department has recently received
notice of a COPS Partnership grant award in the amount of $99,250;
and
WHEREAS, the Department received one of thirty (30)
grants distributed statewide; and
WHEREAS, the grant will be used to address the problem of
residential burglary in a collaborative effort with local
realtors.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept $99,250 from the U. S.
Department of Justice - Office of Community Policing Services
"COPS" Problem-Solving Partnership Grant and appropriates said
funds to Account No. 100-1084.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
H:\Home\Attorney\Grant
//--~