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HomeMy WebLinkAboutAgenda Packet 1997/01/14 Tuesday, January 14, 1997 6:00 p.m. "I declare IoInder penalty of perjury thet 1 am employed by the City of Chu" VIS~S !n the Office of the City Clerk and that : ',os, ed this Agende/Notlce on the Bulleti" Board et the Public Ices Building end et City Hili\- on DATED I SIGNED Re ular M Ii of the Cil of Ch .. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Moot _, Padilla _, Rindone _, Salas _, and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: December 17, 1996 (City Council Meeting), December 17, 1996 (Joint Meeting of the City Council/Redevelopment Agency), January 7, 1997 (City Council Meeting), and January 7, 1997 (Joint Meeting of the City Council/Redevelopment Agency). 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Virgil Pina - Human Relations Commission. ***...... Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 8) 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. 1/ you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) 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 best of his knowledge from observance of actions taken in Closed Session on 1/7/97, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. b. Resignation from the Child Care Commission - Angie Gish. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Agenda -2- January 14, 1997 6.A. RESOLUTION 18549 REPROGRAMMING ffiGH INTENSITY DRUG TRAFFICKING AREA (lDDTA) FUNDS AND TRANSFERRING SAID FUNDS FOR THE PURCHASE OF AN UNDERCOVER VEffiCLE AND OFFICER SAFETY EQUIPMENT - The Federal budget is adopted in October of each year, after the City's budget has been approved by Council. As a result, initial grant budgets are established based on preliminary information received from each grant program. It is necessary to make several adjustments to reflect the actual Federal appropriation for the High Intensity Drug Trafficking Area (HIDTA) and Jurisdiction Unified for Drug/Gang Enforcement (JUDGE). Staff recommends approval of the resolutions. (Chief of Police) B. RESOLUTION 18550 ACCEPTING AND APPROPRIATING $4,708 FROM JURISDICTIONS UNIFIED FOR DRUG/GANG ENFORCEMENT (JUDGE) FOR JUDGE PERSONNEL EXPENDITURES AND RELATED TRAVEL - 4/5th's vote required. 7. RESOLUTION 18551 APPROVING EXPENDITURE FROM THE UNAPPROPRIATED ASSET SEIZURE FUNDS AND APPROPRIATING $4,500 FROM SAID FUNDS FOR PAYMENT OF FEES AND OUTFITTING COSTS ASSOCIATED WITH THE RELEASE OF A REPLACEMENT ASSET SEIZURE VEffiCLE - The Comprehensive Crime Control Act of 1984 provides for the distribution of seized and forfeited assets to the agencies participating in the investigation which resulted in the seizure. These funds are disbursed to supplement the effectiveness of law enforcement agencies. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 8. RESOLUTION 18552 AMENDING GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY TO PLACE ADDITIONAL GUY WIRE AND ANCHOR WITHIN CITY'S MUNICIPAL GOLF COURSE - San Diego Gas and Electric Company (SDG&E) has requested an amendment to the easement recently granted by the City to allow the installation of another guy wire to the guy pole recently placed on the eastern edge of the golf course. SDG&E wishes that, in lieu of granting an entire new easement, Council allow the existing easement to be amended since the deed has not been recorded and the added wires are part of the same project. Staff recommends approval of the resolution. (Director of Public Works) * * * END OF CONSENT CALENDAR * * * 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 discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. Agenda -3- January 14, 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 Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 9. PUBLIC HEARING A. ORDINANCE 2695 B. ORDINANCE 2696 10. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATIONS DEVELOPMENT AGREEMENTS WITH VILLAGE DEVELOPMENT AND BALDWIN BUILDERS - On 6/25/96, the Planning Commission met jointly with Council to consider and approve pre-annexation development agreements with the major property owners of Otay Ranch. When the development agreements were originally approved, it was anticipated that the Otay Ranch annexation would be finalized by the end of 1996. The development agreements contained 12/31/96 expiration dates if the annexation was not complete by that time. While the reorganization was ordered by Council on 12/17/96, a Local Agency Formation Commission annexation condition was not met, the annexation was not completed, and the agreements have expired. Staff recommends Council place the ordinances on first reading. (Deputy City Manager Krempl and Special Planning Projects Manager, Otay Ranch) ADOPTING A SECOND AMENDMENT TO THE RESTATED PRE- ANNEXATION DEVELOPMENT AGREEMENT WITH OTA Y RANCH, L.P., A CALIFORNIA LIMITED PARTNERSIllP, AND VILLAGE DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSIllP (first readi",!) ADOPTING A FIRST AMENDMENT TO THE OTAY RANCH PRE- ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS (first readi",!) PCS-96-06 - CONSIDERATION OF A TENTATIVE SUBDIVISION MAP KNOWN AS VISTA DEL MAR, TRACT 96-06, IN ORDER TO SUBDIVIDE 3.46 ACRES LOCATED AT THE NORTHWEST QUADRANT OF DEL MAR A VENUE AND "C" STREET - DAN IRWIN - The applicant, Dan Irwin, has submitted an application for a tentative subdivision map known as Vista Del Mar in order to subdivide 3.46 acres located on the westerly side of Del Mar A venue between Nixon Place and Shirley Street into 15 single family detached lots in the R-I-7 zone. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18553 APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP VISTA DEL MAR A VENUE, TRACT 96-06 Agenda -4- January 14, 1997 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, 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" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 11. RESOLUTION 18545 APPROVING A CONTRACT FOR $69,000 WITH MARTY CHASE FOR UPDATING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDlF) PROGRAM AND THE RELATED FIRE FACILITIES MASTER PLAN (PS-147) AND APPROPRIATING ADDITIONAL FUNDS THEREFOR - The Public Facilities Development Impact Fee program provides for the funding required to construct needed public facilities and prevent existing residents from subsidizing the City's capital costs to serve new development. In order to properly reflect changes in the City's facility needs and their respective costs since the last update, it is proposed that the City enter into a contract to update both the Public Facilities DIF and the related Fire Facilities Master Plan. The timing of this update is intended to incorporate the Otay Ranch annexation area into the DIF prior to issuance of any building permits. Staff recommends approval of the resolution. (Deputy City Manager KrempI) 4/5th's vote required. Continued from the meeting of 1/7/97. 12. RESOLUTION 18543 ADOPTING THE SITING ELEMENT OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN - The County of San Diego Integrated Solid Waste Management Plan consists of the County-wide Summary Plan and Siting Elements. The Summary Plan outlines the Source Reduction, Reuse, Recycling, Composting Plans and Waste Generation Estimates for all jurisdictions within the County and was approved by Council on 1/7/97. The Siting Element is intended to identify the disposal capacity needed by jurisdictions within the County for a 15 year period. Staff recommends approval of the resolution. (Conservation Coordinator) Continued from the meeting of 1/7/97. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Agenda -5- January 14, 1997 14. MAYOR'S REPORTIS) a. Ratification of appointments - Economic Development Commission - Christopher H. Lewis; and Youth Commission - Andrea L. Hunter. 15. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on January 21, 1997 at 6:00 p.m. in tbe City Council Cbambers. "I declare wnder penalty of perjury thet 1 am employed by the City of Chu!a Viata in the Office of the City Clerk and tha~ I posted Tuesday, January 14, 1997 this Agenda/Notice on the Bulletin Board at Council Chambers 6:00 p.m. . . the pUbli~r~es Buildi'1g ~ Cit~PoWiC Services Building (Immediately followmg the City CouncR'M~hg t:! '7 SIGNED - ~ ,.....-'.. / Citv of Chula Vista Citv Council CLOSED SESSION AGENDA 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 Coundl 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 up 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 . Claim of Bonita Bryant. . Claim of Amy Wolfe. PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ;;/rd:~ r- January 9, 1997 FROM: The Honorable Mayor and City Council (j John D. Goss, City Manager ^J ~ ~1Q ~~11 City Council Meeting of January 14, 1997 TO: SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, January 14, 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 January 7, 1997, there were no reportable actions which are required to be reported under the Brown Act. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. Sb. IT IS RECOMMENDED THAT ANGIE GISH'S RESIGNATION FROM THE CHILD CARE COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LlliRARY. JDG:mab ~~f? ~:-: .......~Z-~ ~-- - - ~~--- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: January 8, 1997 The Honorable Mayor and Citiy cou;~i7~~- John M. Kaheny, City Attorney Report Regarding Actions Ta en in Closed Session for the Meeting of 1/7/97 To: From: Re: The City Council met in Closed Session to discuss Chaparral Greens v. City of Chula Vista. 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:lgk C:\lt\clossess.no ...--. -!:J a.. - / 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 lh'Pos1~Ao:io;.)dOOP~ 101~ RECEIVED '96 tIC 20 AJU>7 "',"',' '~~~,,:.."\<~, W.WPfU Dear Bob.r1is and fellow Child Care Commisswners ; - I)~e~ber 16, 1996 It'is Witndeep regret that I hereby resign my position as Vice-Chair of the Chula Vista Child Care CotntnisSion effective January 1, 1997. Due to my current employment location and hours I feel I am unable to properly fulfill my responsibilities and obligatons to the,commissj,o,n. I t~you for the opportunity I had to serve our c~wUty. Developing the Child (:are Element was very rewarding..1 kqowthe Child Care Commission will continue to provide the City of Chula Vista with insight to the needs of the children in our city. Sincerely, Angie Gish .' .."'> ~'. ,"'''11 ~., ~ 1\1"" '" I" ,!t\1'! ~~'..'r' I,. '.' ....c;"',"'~ .J? .r- ~ COUNCIL AGENDA STATEMENT Item & Meeting Date 01114/97 ITEM TITLE It. Resolution / g' 5'i t Reprogramming High Intensity Drug Trafficking Area (HIDT A) funds and transferring said funds for the purchase of an undercover vehicle and officer safety equipment. Resolution /!fW Accepting and Appropriating $4,708 from Jurisdictions Unified for Drug/Gang Enforcement (JUDGE) for JUDGE personnel expenditures and related travel. 8. SUBMITTED BY (! Police Chief V<.V ~ City Manager JG, \1\ 0: J (4/5ths Vote: Yes..K.No_) REVIEWED BY The Federal budget is adopted in October of each year, after the City's budget has been approved by Council. As a result initial grant budgets are established based on preliminary information received from each grant program. The purpose of this agenda statement is to make several adjustments necessary to reflect the actual Federal appropriation for the High Intensity Drug Trafficking Area (HIDTA) and the Jurisdiction Unified for Drug/Gang Enforcement (JUDGE) grant programs. RECOMMENDATION: 1) Approve reprogramming of HIDT A funds and expenditure of such funds for the purchase of one undercover vehicle and police officer safety equipment; and 2) Accept and appropriate $4,708 in JUDGE funds for JUDGE personnel benefits and related travel. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable ~-/ Paee 2 Item Meeting Date 01/14/97 DISCUSSION: HIDTA GRANT BUDGET San Diego and Imperial counties have been designated as High Intensity Drug Trafficking Areas (HIDTA). As a result the United States Attorney's Office established the California Border Alliance Group (CBAG) to develop multi-jurisdictional cooperative strategies to deal with drug trafficking activities. CBAG established a HIDTA funded Marine Air Group with the sole responsibility for interdiction of narcotics via air and sea along the southwest border region. Due to the effectiveness of operation "Gatekeeper," it is believed that smugglers are utilizing shipping lanes resulting in a need for interdiction via air and sea along the southwest border. The Police Department currently has one Agent position assigned to HIDTA Marine Air Group. The HIDTA grant reimburses the City for salary & benefit (including overtime) expenditures associated with the assigned position. Council appropriated $65,000 in January 1996 for a full-time Agent position assigned to HIDTA Marine Air Group and funded by HIDTA funds. Due to a delay in HIDTA's formation of the Marine Air Group, this position was filled in July 1996 resulting in a HIDTA savings of $22,900. These funds were "carried over" from the FY 95-96 budget to the FY 96-97 budget and reprogrammed by HIDTA for purchase of an undercover vehicle ($14,400) and officer safety equipment ($8,500). Reprogramming will allow the City to utilize previous year HIDTA funds that would have otherwise be returned to the federal budget. The vehicle will be used for undercover operations related to HIDTA. The allocation of $8,500 will be used to purchase: Ballistic Body Armor ($467), Raid Body Armor ($650), Holster-belt ($160) and Body Wire ($7,200) for the Agent assigned to the Marine Air Group position. Therefore, the HIDTA budget needs to be amended in the following manner: ACCOUNT /DESC. ORIGINAL AMENDED DIFFERENCE 100-1094 HIDTA GRANT BUDGET (1996 BUDGET After Allocation) Reprogramming) 5101 Salary $ 45,000 $ 26,100 -$ 18,900 5141 - 5144 Benefits $ 12,000 $ 8,500 -$ 3,500 5103 Overtime $ 8,000 $ 7,500 -$ 500 5565 Auto. Equipment $ 0 $ 14,400 +$ 14,400 5568 Other Equipment $ 0 $ 8,500 +$ 8,500 TOTAL $ 65,000 $ 65,000 N/A If Council does not approve reprogramming, the funds will be returned to the federal budget. ?-~ Pa\1:e 3 Item Meeting Date 01114/97 JUDGE GRANT BUDGET Currently, the Police Department has two officers assigned to JUDGE. This is a countywide interagency team which responds to problems concerning adult and juvenile probationers and gang members habitually involved in drug offenses. The goal of the unit is to ensure prosecution of arrested JUDGE targets, resulting in maximum incarceration of the offenders. The JUDGE officers also assist the Narcotics Enforcement Team (NET) and the Gang Enforcement Units, and act as a liaison between the Probation Department and the Police Department. The JUDGE grant budget reimburses the City for 75 % of the Salary & Benefits (including travel) associated with the two officers assigned. At the time the JUDGE Grant budget of $102,681 was appropriated the Police Department budget was still waiting for a final budget from the District Attorney's Office. Since then the Police department has received a final budget of $107,389 from the District Attorney's Office. The total budget includes $105,625 for personnel services and $1,764 for travel for two persons to attend the California Narcotics Officer Convention held in Anaheim earlier this fiscal year. As a result the JUDGE budget needs to be amended and the additional $4,708 needs to be appropriated in the following manner: ACCOUNT/DESC. ORIGINAL AMENDED DIFFERENCE 100-1095 JUDGE GRANT BUDGET BUDGET 5102 Differential wiPers $ 0 $ 1,600 +$ 1,600 5103 Overtime wlo Pers $ 0 $ 1,418 + 1,418 5131 Sick-Leave Pay in Lieu $ 0 $ 386 + 386 5221 Travel $ 460 $ 1,764 + 1,304 TOTAL $ 460 $ 5,168 + 4,708 FISCAL IMPACT: The City receives full reimbursement for the position assigned to Marine Air Group ($65,000) and 75% reimbursement for the two positions assigned to JUDGE ($105,625). The net fiscal impact to the General Fund is $25,591. Approval of staff's recommendations would add an additional $22,900 from reprogramming of H1DTA funds for a vehicle and officer safety equipment and add $4,708 to offset benefit and travel expenditures associated with the positions assigned to JUDGE. Combined these budget changes add $27,608 in grant reimbursement to the General Fund and reduce the net fiscal impact of the JUDGE positions to the General Fund. &'-3 RESOLUTION NO. / ?f3119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPROGRAMMING HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) FUNDS AND TRANS- FERRING SAID FUNDS FOR THE PURCHASE OF AN UNDERCOVER VEHICLE AND OFFICER SAFETY EQUIPMENT WHEREAS, the Federal budget is adopted in October of each year, after the City's budget has been approved by Council; and WHEREAS, as a result initial grant budgets are established based on preliminary information received from each grant program; and WHEREAS, it is necessary to make several adjustments to reflect the actual Federal appropriation for the High Intensity Drug Trafficking Area (HIDTA); and WHEREAS, Council appropriated $65,000 in January 1996 for a full-time Agent position assigned to HIDTA Marine Air Group and funded by HIDTA funds; and WHEREAS, this position was filled in July 1996 resulting in a HIDTA savings of $22,900; and WHEREAS, as a result the remaining 1996 funds were reprogrammed by HIDTA for purchase of an undercover vehicle ($14,000) and officer safety equipment ($8,500) which vehicle will be used for undercover operations related to HIDTA; sand WHEREAS, the allocation of $8,500 will be used to purchase: Ballistic Body Armor ($467), Raid Body Armor ($650), Holster-belt ($160) and Body Wire ($7,200) for the Agent assigned to the Marine Air Group position. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby reprogram High Intensity Drug Trafficking Area (HIDTA) funds and transfer said funds for the purchase of an undercover vehicle and officer safety equipment as follows: 1 t /7-/ ACCOUIIT/DESC. AMENDED 100-1094 BIDTA ORIGINAL BUDGET GRANT BUDGET (1996 AFTER REPRO- DIFFERENCE GRAMMING) 5101 Salary $45,000 $26,100 -$18,900 5141-5144 $12,000 $ 8,500 -$ 3,500 Benefits 5103 Overtime $ 8,000 $ 7,500 -$ 50C 5565 Auto $ 0 $14,400 +$14,400 Equipment 5568 Other $ 0 $ 8,500 +$ 8,500 Equipment TOTAL $65,000 $65,000 N/A Presented by Approved as to form by /f( /c::- Kaheny, cit ttorney Richard P. Emerson, Police Chief 2 tbA' c:z RESOLUTION NO. /~~~C? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $4,708 FROM JURISDICTIONS UNIFIED FOR DRUG/GANG ENFORCEMENT (JUDGE) FOR JUDGE PERSONNEL EXPENDITURES AND RELATED TRAVEL WHEREAS, at the time the JUDGE grant budget of $102,681 was appropriated, the Police Department budget was still waiting for a final budget from the District Attorney's office; and WHEREAS, since then the Police Department has received a final budget of $107,389 from the District Attorney's office; and WHEREAS, the total budget includes $105,625 for Personal Services and $1,764 for travel for two persons to attend the California Narcotics Officers Convention held in Anaheim earlier this fiscal year; and WHEREAS, as a result the JUDGE budget needs to be amended and the additional $4,708 needs to be appropriated as set forth below. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept and appropriate $4,708 from Jurisdictions Unified for Drug/Gang Enforcement (JUDGE) for JUDGE personnel expenditures as follows: ACCOUNT/DESC. AMENDED BUDGET 100-1095 JUDGE ORIGINAL AFTER REPRO- GRANT BUDGET GRAMMING DIFFERENCE 5102-Differential $0 $1,600 +$1,600 wiPers 5103 Overtime w/o $0 $1,418 +$1,418 Pers 5131 sick Leave Pay $0 $ 386 +$ 386 in Lieu 5221 Travel $460 $1,764 +$1,304 TOTAL $460 $5,168 +4,708 Presented by Approved as to form by torney Richard P. Emerson, Police Chief C:\rs\hidta.1 iP8 - / COUNCIL AGENDA STATEMENT Item --2- Meeting Date 01/14/97 ITEM TITLE Resolution /3'.5"5,{pproving expenditure from the unappropriated Asset Seizure Funds and Appropriating $4,500 from said funds for payment of fees and outfitting costs associated with the release of a replacement asset seizure vehicle. SUBMITTED BY ... Police Chief ~ ~~\ c' ~ (4/5ths Vote: Yes..x.No_) REVIEWED BY City ManagerJ[\ \/yJ The Comprehensive Crime Control Act of 1984 provides for the distribution of seized and forfeited assets to the agencies participating in the investigation which resulted in the seizure. These funds are disbursed to supplement the effectiveness of law enforcement agencies. RECOMMENDATION: Approve expenditure from unappropriated Asset Seizure Funds and appropriate $4,500 from said funds for payment of fees associated with the release of an asset seizure vehicle and associated outfitting costs. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable BACKGROUND: On October 12, 1984, the Comprehensive Crime Control Act of 1984 was signed into law. As a result of this law any state or local law enforcement agency that directly participates in an investigation or prosecution that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture. The primary purpose of the forfeiture program is to deter crime by depriving criminals of the profits and proceeds of their illegal activities and therefore weaken criminal enterprises. Most equitable sharing is the result of federal, state and local law enforcement joint investigations. The use of the funds collected are subject to federal regulations. As a result the City has an Asset Forfeiture (Seizure) Account to track and collect the funds received from the distribution of federally seized and forfeited assets. These funds may be used for purchase of equipment and certain law enforcement activities such as the staffing costs of Narcotics Enforcement Team (NET). Funds collected from asset seizure activity vary annually. 7-/ Page 2 Item Meeting Date 01114/97 DISCUSSION: Fund 218, the Asset Seizure Program, partially funds the Narcotics Enforcement Team (NET) of the Police Department's Investigative Division (100/1050). Additionally, Fund 218 includes $4,588 from the sale of three asset seizure vehicles earlier this year. These vehicles were beyond economic repair and sold at auction. Staff expects Fund 218 to exceed the revenue projection of $101,000 for FY 96-97. This projection is based on a total of $100,192 (includes interest income & sale proceeds) which has been collected as of December 25, 1996. The Police Department proposes to use a portion of the proceeds ($4,500) from the sale of vehicles to purchase an asset seizure vehicle. The vehicle will be purchased from United States Marshals Office and transferred to the City. Forfeiture of the vehicle was a result of a joint investigation (Log 529) conducted by the City and the Marshals Office. Pursuant to equitable sharing guidelines, the Police Department has the option of purchasing the vehicle by paying the Marshals Office for their federal share and associated storage fees. The total payment due to the Marshals Office is an estimated $3,001, this amount includes $526 for storage fees. The remaining funds $1,499 will be used to outfit the vehicle for undercover use. Because the vehicle will be used in police undercover operations, the make and model or other details about the vehicle are not disclosed in this agenda statement. The Police Department and the Fleet Manager have inspected the vehicle and recommend purchase of the vehicle. The vehicle is in excellent condition and has an estimated net worth value of $17,700. In the event the vehicle is not purchased by the Police Department, the vehicle will be sold at auction and the net sale proceeds will be distributed equitably among the Marshals Office and the City. FISCAL IMPACT: Asset seizure funds are used to partially offset the Narcotics Enforcement Team (NET). Staff anticipates revenues from asset seizure funds will exceed the revenue projection of $101,000 for FY 96-97. As of December 25, 1996 $100,193 has been collected. Staff anticipates revenue projections to be exceeded by an estimated $50,000. These revenues may be used to offset NET costs or purchase of police equipment. As a result staff is recommending $4,500 (from the sale proceeds) be appropriated from Fund 218 Asset Seizure Program to account 100-1050- 5568 to pay for the costs associated with the asset seizure vehicle to be purchased. This vehicle replaces an asset seizure vehicle sold at auction earlier this fiscal year. As a result maintenance costs are included in the current police budget. 7-.2 RESOLUTION NO. /'655/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXPENDITURE FROM THE UNAPPROPRIATED ASSET SEIZURE FUNDS AND APPROPRIATING $4,500 FROM SAID FUNDS FOR PAYMENT OF FEES AND OUTFITTING COSTS ASSOCIATED WITH THE RELEASE OF A REPLACEMENT ASSET SEIZURE VEHICLE WHEREAS, the Comprehensive Crime Control Act of 1984 provides for the distribution of seized and forfeited assets to the agencies participating in the investigation which resulted in the seizure; and WHEREAS, these funds are disbursed to supplement the effectiveness of law enforcement agencies; and WHEREAS, Fund 218, the Asset Seizure Program, partially funds the Narcotics Enforcement Team (NET) of the Police Department's Investigative Division (100/1050); and WHEREAS, Fund 218 also includes $4,588 from the sale of three asset seizure vehicles earlier this year, which vehicles were beyond economic repair and sold at auction; and WHEREAS, the Police Department proposes to use a portion of the proceeds from the sale of vehicles ($4,500) to purchase an asset seizure vehicle from the U. S. Marshal's office and pay for associated storage fees and outfitting costs; and WHEREAS, the Police Department and the Fleet Manager have inspected the vehicle and recommend purchase of the vehicle which has an estimated net worth value of $17,700. NOW, THEREFORE, BE IT RESOLVED the City Council of the ci ty of Chula vista does hereby approve expenditure from the unappropriated Asset Seizure Funds and appropriate $4,500 to Account 100-1050-5568 for payment of costs associated with the release of a replacement asset seizure vehicle. Presented by Approved as to form by Richard P. Emerson, Police Chief AtC/ c: \rs\asset 7~J COUNCIL AGENDA STATEMENT Item Meeting Date 0- 1/14/97 ITEM TITLE: Resolution / %...?~~mending grant of easement to San Diego Gas And Electric Company to place additional guy wire and anchor within City's Municipal Golf Course SUBMITTED BY: Director of Public works/ Director of Parks and Recreati~ f 0'; City Manager ~(~ tu 8:~~ (4/5ths Vote: Yes _ No..xJ REVIEWED BY: San Diego Gas and Electric Company (SDG&E) has requested an amendment to the easement recently granted by the City to allow the installation of another guy wire to the guy pole recently placed on the eastern edge of the golf course. SDG&E wishes that, in lieu of granting an entire new easement, that the City Council allow the existing easement to be amended, since the deed has not been recorded and the added wires are part of the same project. The City Council must authorize the amendment to the grant of the easement by adoption of a resolution amending the original easement. RECOMMENDATION: The Council adopt the subject resolution amending the easement to San Diego Gas and Electric Company and direct the City Clerk to return the original, signed document to SDG&E. BOARDS/COMMISSIONS RECOMMENDATION: No action by City Boards or Commissions is necessary in this matter. DISCUSSION: The County of San Diego is in the process of reconstructing the intersection of Bonita Road and Central A venue. As part of this project, SDG&E must relocate several power poles and the associated overhead electrical lines in the area. This alteration necessitated placing a pole and anchor wire in the Chula Vista Municipal Golf Course property. The Council granted an easement for those facilities by Resolution No. 18365 at its meeting of July 16, 1996. The original easement is indicated as "Exist. Easement" on Exhibit "A", attached. As the reconstruction project proceeded, it was discovered that a guy pole located at the southwest corner of the intersection of Central Avenue and Bonita Road needed to be removed. This guy pole was contributing to the support of a power pole across Central A venue, on the northwest corner. In order to sustain that support, SDG&E is proposing to use the newly-installed guy pole within the original easement mentioned above. The new guy wire will be placed over and to the westerly side of the jogging trail, approximately 28 feet above the ground and will not interfere with golfmg activities or those persons using the jogging trail. 'it~ / Page 2, Item Meeting Date 1/14/97 The new guy wire running from the north necessitates additional support for the existing guy pole. This support will be in the form of a wire extending 25 feet south of the pole with a ground anchor. The added easement for these facilities is proposed to be four feet wide by approximately 225 feet long. SDG&E prefers to amend the existing easement to include the new facilities, in lieu of granting a separate easement. The reasoning is that it is all part of the same project and the wires are connecting to a guy pole which is located within the existing easement. The easement granted by Council last July still has not been recorded, so may simply be amended prior to recordation. nSCAL IMPACT: All costs of the work being done on City property are being paid by SDG&E. Staff is not charging, nor has it historically charged a fee for processing easements for public utilities. Attachments: Exhibit A - Locator plat Resolution Easement deed [M:IHOMElENGlNEERIAGENDAISDGEESMT.JWH] Engineering File No: 0490-60-PF-245 ;?r2 RESOLUTION NO. /~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY TO PLACE ADDITIONAL GUY WIRE AND ANCHOR WITHIN CITY'S MUNICIPAL GOLF COURSE WHEREAS, San Diego Gas and Electric Company (SDG&E) has requested an amendment to the easement recently granted by the City to allow the installation of another guy wire to the guy pole recently placed on the eastern edge of the golf course; and WHEREAS, SDG&E wishes that, in lieu of granting an entire new easement, that the City Council allow the existing easement to be amended, since the deed has not been recorded and the added wires are part of the same project; and WHEREAS, the city Council must authorize the amendment to the grant of the easement by adoption of a resolution amending the original easement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend the grant of easement to San Diego Gas and Electric Company to place additional guy wire and anchor within City's Municipal Golf Course. BE IT FURTHER RESOLVED that the City Clerk is directed to return the signed document to SDG&E. Presented by Approved as to form by / k~~ torney John P. Lippitt, Director of Public Works C:\rs\sdge.guy 8<3 OWN BY: C\ ~ ~ ~ PIJLE NUDIIJG St/PI'OIi?T __ - - - .- () e. 6 rJ p...J ~ New GUY WII2E , / C;U'I POLE. .:'-r Bt:.11>/6 1i?E.l4ovEtJ /At,.. 112- 6 rJ ~ tvt:.N EASEMENT BEING GRAN/cO "1:. t- -- ":< ~ tQ EX/ST. PIJL.E E;05i. EAScMEI./T DATE: /1/20/9(,. EXI-I/8/ T itA" g~f ~ NO SGALE FILE NO. PF- Z49 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attn: Office Services, EB 5 ?a: SPACE ABOVE FOR RECORDER'S USE::: Project No.: Const. No.: APN No.: 604149-040 2546642 593-240-24 ,. Transfer Tax NQm; SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CHULA VISTA, A MlJNICIPAL CORPORATIONhereinafter called "Grantor", grants to SAN DIEGO GAS & ELECTRlC COMPANY, a corporation, hereinafter called "Grantee", an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: Guy poles and/or anchors together with connecting wires to support that certain pole line located upon or adjacent to Grantor's land, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of San Diego, State of California. That portion of Quarter Section 47 of Rancho De La Nacion, according to Map thereof No. 166 filed in the office of the County Recorder of said County of San Diego; described in a Deed recorded January 15,1974 at Recorder's File/Page No. 19905 ofOfficiaJ Records of said County of San Diego. The said easement in the aforesaid land shall be 4.00 feet in width, the centerline of which shall be the centerline of the facilities as installed on Grantor's property, the approximate location being shown and delineated on the Exhibit "A" attached hereto and made a part hereof. Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its' successor or assigns, of the rights hereby granted. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills/cuts or other obstructions, except walls and fences. H:\R\D6.dol..BAJ !f/53?~ g/S' <D en , ..:; =-. ~:; -.. '- c:: .- :-; c' - ~:l-rt ~;, 'q (") n J:} T pl ?E~ i~l ~~ "'O.(n -;- l' o N N The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, SUlte of California. CITY OF CHULA VISTA, A MlJNICIP AL CORPORATION By JI~. /~ By ,. Prepared by H iI Date /09/96 State of California ) County of San Diego) On , before me, ' Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. H:\R\D6.dol..BAJ g-/?/%-7 CALIFORNIA ALL-PURPOSE ACKOWLEDGEMENT State of California County of San Diego On ~/""O /fo before me, Beverlv A. Authelet, Citv Clerk perSOnallyap:eared Sfi~}-'r WiJ./-1;'Mo lflpersonallv known to me - OR - Dproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \fZJfiJ u. P:::A~l OPTIONAL Though the data below is not required by law, it may prove valuable to persons re,lying on the doculTient and could prevent fraudulent reattachment of this form, . CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o Individual ~ Corporate Officer fJ!ao~SJ !il WNlu.i:.- / S D6.1--- Titl~ or Type of Document o Partners(s) 0 limited o General Attorney-in-Fact Trustee!s) Guardian/Conservator Other: .3 Number of Pages o o o o ;~ !(~~ument SIGNER IS REPRESENTING: Na7f4erS3(SJ o(ll")~ d4, Signer!s) Other Than Named Above z-~ N / / "" / v <\..1'< ~"' c.<t. , " / / /' l, C"F7Y of" O!c/IA 0-174 40/ 1- 15-7:1 ~- 1 J.9cJ5 CoOL F LOUQ?L 7\2c)"(,,,-( i) IV E. u.) STuB, rol.-~ wlaSi"TAL) "- ~ ;: ':::/1 t':=-"j-,),- A,,-/1 L-/1JLJJ1t:;:?ij/ ~C7-f'" ~ 8 ~ e ;: ~ , c ~ C . " EX~f I B!T "Art S'i~:G 7 f nt\ S S t\{)l1)S, ^-DCll'1-,O"O C) r- POLES f\ ~ fL '\CO A \J -:r;-ry\ 'P ~() L)~ 1\\..60 T. ) \ "" \>0 I c ~ f ~ ' i:!: f- - 2'. ~ G z CJ - oJ .9 D '1 ... ; t!: ~ 2(>{[ . / /' N~W oLD'-: ) ? ":dd.CJ U l-!:( _ 'Vole 1q,5iiS \: ~\S. IS. 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'.' :;>'J'''.'3'fH' J''''J::I''3J~ D()t;".'r,,~;90S i I COUNCIL AGENDA STATEMENT Item No. Meeting date: January 14. 1997 SUBMITTED BY: ITEM TITLE: Public Hearing: Adopting Otay Ranch Pre-annexation Agreements with Village Development and Baldwin Builders /1. Ordinance.:! k 5'3" Adopting a second amendment to the Restated Pre-annexation Agreement with Otay Ranch L.P., a California limited partnership, Village Development, a California general partnership and the City of Chula Vista f!, Ordinance :<.t- 7,? Adopting a first amendment to the Otay Ranch Pre-annexation Agreement with Baldwin Builders and the City of Chula Vista Deputy City Manager W Planning Director Special Planning Projects Maf\ger, Otay Ranc City Manager J(i b;J /l~i (4/5ths Vote: Yes _No...xJ ..-/ REVIEWED BY: On June 25, 1996, the City Council met jointly with the Planning Commission to consider and approve pre-annaexation development agreements with the major property owners of the Otay Ranch. When the development agreements were originally approved, it was anticipated that the Otay Ranch annexation would be finalized by the end of 1996. The development agreements contained December 31, 1996 expiration dates if the annexation was not complete by that time. While the reorganization was ordered by the City Council on December 17, 1996, a Local Agency Formation Commission (LAFCO) annexation condition was not met and the annexation was not completed by December 3 I s1. The agreements have expired. The agreements with Village Development and Baldwin Builders need to be reinstated to provide the City with the bonding protection covered in the October development agreement amendments. The agreements provided Village Development commitment to the GDP and SPA One approvals. The revised agreements remove that expiration provision and make the development agreements effective upon completion of the annexation. RECOMMENDATION: That the City Council approve the revised ordinances for Village Development and Baldwin Builders Development Agreements. BOARD/COMMISSION RECOMMENDATION: The Planning Commission reviewed the Agreements at their January 8, 1997 meeting and voted 4-0-1 with two members absent to recommend approval of the amendments. 9// Page 2, Item _ Meeting Date: January 14. 1997 DISCUSSION: In July of 1996, LAFCO authorized the City Council to conduct the proceeding to annex the Otay Ranch Reorganization NO.1 to the City. LAFCO required that, prior to the completion of the proceedings, the County of San Diego notity the City that it had received acceptable landfill nuisance easements for the 1,000-foot buffer around the Otay landfill. SNMB has had internal difficulty providing the County with acceptable easements but seem to be making progress toward resolving those difficulties. In anticipation of the County receiving the easements and the City the notice, staff scheduled the required City Council public hearing on the reorganization for December 17, 1996. At the December 17th meeting, the City Council held the hearing, did not receive any property owner protest and adopted the resolution ordering the reorganization. The Council ordered the reorganization with a condition that the County notice be received by the City prior to staff filing the resolution with LAFCO. Once the notice is received, the City will file the ordering resolution will LAFCO who will record it with the San Diego County Recorder completing the annexation process. The previous development agreements expired on December 31 st and need to be reinstated in order for Village Development to proceed with the Final Maps in SPA One. The City does not have authority to record Final Maps until the Reorganization proceedings are completed and the property is annexed to the City. The expiration provisions have been removed trom the revised agreements. These agreements are proposed to become effective upon completion of the annexation to the City. A termination date ofJuly 1,1997 is included, unless the annexation is extended by LAFCO, as a date by which the annexation shall occur or the development agreements become null and void. Note: The signatures required on the landfill nuisance easements by Mr. Alex Harper and the Foundation have now been obtained. The County is in the process of obtaining subordination agreements regarding the nuisance easement from Village Development and SNMB Ltd. (as they pertain to property lienholders). Once this is completed, the annexation can be finalized and recorded by LAFCO. FISCAL IMPACT: The processing of the development agreements is covered under the existing staffing agreement with Village Development. As of January 8, 1997, Village Development's accounts with the City were delinquent by $83,235.87. October's invoice for $58,504.16 was due on November 11,1996 and November's invoice of $24,731.71 was due on December 24, 1996. Staff recommends the Council conduct the public hearing and place the ordinances for first reading since the agreements provide necessary protection and guarantees to the City. Village Development expects to be current in their payments by the end of the month. There are other pending actions the City can hold in abeyance should payment not be received. Otaymch\finalmap\A113DADOC ~/;2 ORDINANCE NO. :J&~ AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A SECOND AMENDMENT TO THE RESTATED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AND VILLAGE DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP WHEREAS, on June 25, 1996, the City Council approved a Pre-Annexation Agreement between the City of Chula Vista and Otay Ranch, L.P., a California partnership, et al pursuant to Ordinance No. 2679; and WHEREAS, on November 26, 1996, the City Council approved an Amendment to the Pre-Annexation Agreement between the City of Chula Vista and Otay Ranch, L.P., a California partnership, et al and restated said Agreement pursuant to Ordinance No. 2691 (herein referred to as "Restated Agreement"); and WHEREAS, there is now a mutual desire by the City and Otay Ranch to amend the Restated Agreement to extend the term of the effective date ("Second Amendment") of said Agreement; and WHEREAS, on January 8, 1997, the Planning Commission reviewed the Second Amendment to the Restated Pre-Annexation Development Agreement and voted to approve the Second Amendment. NOW, THEREFORE, the City Council of the City of Chula vista ordains as follows: SECTION I: The Restated Agreement between Otay Ranch, L.P., a California limited partnership, Village Development, a California general partnership, and the City of Chula Vista is hereby amended as set forth in the Second Amendment to the Restated Pre-Annexation Development Agreement on file in the office of the City Clerk as Document No. SECTION II: The Mayor of the City of Chula vista is hereby authorized and directed to execute said Second Amendment for and on behalf of the City of Chula Vista. SECTION III: This ordinance shall take full force on the effective date of annexation as attached Second Amendment to the Restated Development Agreement. effect and be of set forth in the Pre-Annexation Presented by Approved as to form by ~ -r1Jt~~ John M. Kaheny, City Attorney George Krempl, Deputy City Manager C:\or\village.2nd 9/J~ / --- SECOND AMENDMENT TO THE RESTATED PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE OTAY RANCH AND VILLAGE DEVELOPMENT This Second Amendment is entered into this day of , 199_, by and between the city of Chula vista ("City"), a municipal corporation and The Otay Ranch, L. P., a California limited partnership, and Village Development, a California general partnership (referred to herein collectively as "Developer"). RECITALS WHEREAS, on June 25, 1996, the city Council approved a Pre-Annexation Agreement between the City and Developer, pursuant to Ordinance No. 2679; and WHEREAS, on November 26, 1996, the city Council approved an amendment to the Pre-Annexation Agreement between the City of Chula vista and Developer and restated said Agreement, pursuant to Ordinance No. 2691 (herein referred to as "Restated Agreement"); and WHEREAS, there is now a mutual desire by the City and Developer to amend the Restated Agreement to extend the term of the effective date ("Second Amendment") of said Restated Agreement; and WHEREAS, on January 8, 1997, the Planning commission reviewed the Second Amendment to the Restated Agreement and voted to approve the Second Amendment. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and Developer agree to the following amendment: A. SECTION 3 of the Restated Agreement is amended to read as follows: 3. TERM. This Agreement shall become effective as a development agreement upon the effective date of the Annexation (the "Effective Date"); provided, however, that if the Annexation does not occur on or before JulY 1. 1997. this Agreement shall become null and void unless the annexation proceedinqs have been extended bY LAFCO. If the annexation proceedinqs have been extended. this Aqreement shall become effective upon the effective date of such Annexation: provided. however. if the annexation does not occur by the end of such extension(s). this Aqreement shall become null and void. Any of the foregoing to the contrary notwithstanding, from the date of first reading of the ordinance approving this Agreement, and unless or until this Agreement becomes null and void, Owner shall be bound by the terms of Paragraph 4. The Term of this Agreement for purposes other than Paragraph 4 shall begin upon the Effective Date, and shall continue for a period of twenty (20) years ("the Term"). 9/9 /2- The term shall also be extended for any period of time during which issuance of building permits to the Developer is suspended for any reason other than the default of the Developer, and for a period of time equal to the period of time during which any action by the City or court action limits the processing of future discretionary approvals, issuance of building permits or any other development of the property consistent with this Agreement. B. Except for the provision set forth herein, each and every provision of the Restated Agreement shall remain in full force and effect. C. Each person signing this Second Amendment on behalf of the parties represents and warrants that he or she is authorized to so execute and enter into a binding agreement and deliver this Second Amendment on their behalf. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment on the date shown below. CITY OF CHULA VIISTA, a municipal corporation DATE: By: Shirley Horton, Mayor THE OTAY RANCH, L.P., a California limited partnership by Sky Communities, Inc., a California corporation, its general partner DATE: By: James P. Baldwin, President VILLAGE DEVELOPMENT, a California general partnership DATE: By: James P. Baldwin, President I hereby approve the form and legality of the foregoing Second Amendment to the Restated Pre-Annexation Development Agreement this 9th day of January, 1997 M:\ho.e\attorney\a.end.vil John M. Kaheny, City Attorney By: ~~Q _ Ann Moore, Assistant city Attorney 9/1~3 ORDINANCE NO. cJ1R94:> AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A FIRST AMENDMENT TO THE OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS AND THE CITY OF CHULA VISTA WHEREAS, on October 15, 1996, the City Council adopted the Pre-Annexation Agreement between the City of Chula Vista and Baldwin Builders pursuant to Ordinance No. 2690; and WHEREAS, there is now a mutual desire by the City and Baldwin Builders to amend the Agreement for the first time to extend the term of the effective date ("First Amendment") of said Agreement; and WHEREAS, on January 8, reviewed the First Amendment to the to approve the First Amendment. 1997, the Planning Commission Development Agreement and voted NOW, THEREFORE, the city Council of the City of Chula Vista ordains as follows: SECTION I: The Otay Ranch Pre-Annexation Development Agreement between Baldwin Builders and the city of Chula Vista is hereby amended as set forth in the First Amendment to the Pre- Annexation Development Agreement on file in the office of the city Clerk as Document No. SECTION II: hereby authorized and the Agreement for and The Mayor of the City directed to execute said on behalf of the City of of Chula vista First Amendment Chula Vista. is to SECTION III: This ordinance shall take effect and be of full force on the effective date of annexation as set forth in the attached First Amendment to the Pre-Annexation Development Agreement. Presented by Approved as to form by (' ^------ ~ q John M. Kaheny, City Attorney George Krempl, Deputy City Manager C:\or\baldwin.2nd 98- / FIRST AMENDMENT TO THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BALDWIN BUILDERS This First Amendment is entered into this day of , 199 , by and between the City of Chula vista ("City"), a municipal corporation and Baldwin Builders, a California corporation ("Developer") . RECITALS WHEREAS, on October 15, 1996, the City council adopted the Pre-Annexation Agreement between the City of Chula vista and Developer pursuant to Ordinance No. 2690; and WHEREAS, Developer Ranch to the term of the Agreement; and there is now a mutual desire by the City and amend the Agreement for the first time to extend effective date ("First Amendment") of said WHEREAS, on January 8, reviewed the First Amendment to the to approve the First Amendment. 1997, the Planning commission Development Agreement and voted NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and Developer agree to the following amendment: A. SECTION 3 of the Agreement is amended to read as follows: 3. TERM. This Agreement shall become effective as a development agreement upon the effective date of the Annexation (the "Effective Date"); provided, however, that if the Annexation does not occur on or before Julv 1. 1997. this Agreement shall become null and void unless the annexation proceedinqs have been extended bv LAFCO. If the annexation proceedinqs have been extended. this Aqreement shall become effective upon the effective date of such Annexation; provided. however. if the annexation does not occur bv the end of such extension(sJ. this Aqreement shall become null and void. Any of the foregoing to the contrary notwithstanding, from the date of first reading of the ordinance approving this Agreement, and unless or until this Agreement becomes null and void, Owner shall be bound by the terms of paragraph 4. The Term of this Agreement for purposes other than Paragraph 4 shall begin upon the Effective Date, and shall continue for a period of twenty (20) years ("the Term"). The term shall also be extended for any period of time during which issuance of building permits to the Developer is suspended for any reason other than the default of the Developer, and for a period of time equal to the period of time during which any action by the City or court action limits the processing of future discretionary r;!J~~ " ") approvals, issuance of building permits or any other development of the property consistent with this Agreement. B. Except for the provision set forth herein, each and every provision of the Agreement shall remain in full force and effect. c. Each person signing this First Amendment on behalf of the parties represents and warrants that he or she is authorized to so execute and enter into a binding agreement and deliver this Second Amendment on their behalf. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment on the date shown below. CITY OF CHULA VISTA, a municipal corporation DATE: By: Shirley Horton, Mayor BALDWIN BUILDERS, a California corporation DATE: By: Jimmy D. Johnson, Chief Executive Officer I hereby approved to form and legality of the foregoing First Amendment to the Pre-Annexation Agreement this 9th day of January, 1997. John M. Kaheny, City Attorney By: Ann Moore Assistant City Attorney 0--~ C:\ag\baldwin.1st 9[J~3 COUNCIL AGENDA STATEMENT Item / P' Meeting Date 1/14/97 ITEM TITLE: Public Hearing: PCS-96-06 - Consideration of a tentative subdivision map known as Vista Del Mar, Chula Vista Tract 96-06 in order to subdivide 3.46 acres located at the northwest quadrant of Del Mar Avenue and "C" Street - Dan Irwin Resolution / J" /3.:JApproving Chula Vista Tract 96-06, a Tentative Subdivision map for fifteen single family lots on 3.46 acres located at the northwest quadrant of Del Mar Avenue and "C" Street - Dan Irwin SUBMITTED BY: Director of Planning ~t ( REVIEWED BY: City ManagerJ\ ~6ti~ (4/5ths Vote: Yes_No-.X.) The applicant, Dan Irwin, has submitted an application for a tentative subdivision map known as Vista Del Mar in order to subdivide 3.46 acres located on the westerly side of Del Mar Avenue between Nixon Place and Shirley Street into 15 single family detached lots in the R-I-7 zone. (See Locator Exhibit A). The Environmental Review Coordinator conducted an Initial Study, IS-96-33, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-96-33. RECOMMENDATION: Adopt the attached City Council Resolution approving a tentative subdivision map for Vista Del Mar, Chula Vista Tract 96-06, in accordance with the fmdings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: On November 13, 1996, the Planning Commission voted unanimously (6-0) to recommend approval of the Tentative Subdivision Map Vista Del Mar, Chula Vista Tract 96-06. /(!J- / Page 2, Item Meeting Date 1/14/97 DISCUSSION: 1. Site Characteristics The project site is rectangularly shaped and consists of two parcels having a total of 3.46 acres (3.713 gross acres) with an existing single family dwelling located on the northerly 1. 66 acre parcel. The southerly parcel is vacant and contains 1.80 acres. Topographically, the property slopes downward from an elevation of 90 feet to 84 feet southerly along Del Mar A venue to an elevation of 50 feet at the southwesterly corner and 43 feet at the northwesterly corner. The average natural slope of the site is 8 % with a maximum slope of 20 %. The site also contains a number of trees which will have to be removed. The properties in the immediate area are generally 7000 sq. ft in size and range upward from 6000 sq. ft. in size. 2. Zoning and Land Use Site North South East West Rl Rl Rl Rl R3GD Single Family and Vacant Single Family and Vacant Single Family Homes Single Family Homes Apartments 3. Proposal The developer proposes to remove the single family dwelling and subdivide the property into 15 lots served by a single cul-de-sac street (Vista Del Mar Court) located between Nixon Place and Shirley Street. Three lots will face Del Mar A venue, with the rest of the lots gaining access from the cul-de-sac, except for two panhandle lots proposed on the north side of the property which will be served by a 20 foot wide access easement. Three guest parking spaces are provided for the two panhandle lots in accordance with the code. The lot sizes range from a minimum of 6000 sq. ft. (4 lots) to 11,515 sq. ft. in keeping with the typical lot sizes in the immediate area. The R-l zone allows 30% of the lots to be 6000 sq. ft. in size. Because of the topography and proposed grading, a number of low profile retaining walls (2' to 5' in height) are proposed in order to provide adequate pad area to accommodate a structure. 4. Analvsis The proposed development meets the minimum lot size and other requirements of the R-l zone and Subdivision Manual development guidelines. The code does not require any fencing for single family development; however, staff has concerns regarding the private access drive to the two panhandle lots. The access has a ten percent grade which is relatively steep but acceptable. In addition, there is a downslope on the west side of the driveway. In order to provide a visual demarcation, decorative fencing is being recommended for both sides of the driveway. /tfl-2 Page 3, Item Meeting Date 1/14/97 Another area of concern was any fencing which might be located along the top of slope on the westerly end of the subdivision. Any fencing contemplated on those properties should have the ability to provide access to the downslope for maintenance. In the case of retaining walls over 4 feet in height, the developer should provide the ability to get to the top of wall for maintenance of the slopes. Approval of the tentative map has been conditioned to address the aforementioned concern. 5. Public Response One adjoining property owner submitted a letter in response to the project outlining certain concerns, and spoke at the Planning Commission meeting as well. This neighbor raised concerns regarding potential obstruction of the view from that residence, as well as with the quality of the homes relative to existing property values. City codes do not require and conditions have not been imposed on proposed single-family developments which would require retention of perceived view corridors. The property in question is proposed to be developed in accordance with City standards which address building setbacks, height, and bulk in a manner consistent with R-l single-family standards and consistent with the existing single-family homes located adjacent to the south property line. Although neither of these issues is addressed by City codes or other regulations, the applicant has spoken with this neighbor and has provided a letter addressing these concerns (see attached Exhibit #5). Specifically, the applicant has noted that the proposed sale price of homes within the subdivision will be comparable to the value of adjacent homes, and provided information describing lot elevations. 6. Conclusion The applicant has successfully addressed issues raised by staff in response to the initial submittal, and the currently proposed subdivision fits well into the area for which it is proposed. The proposal meets applicable regulations for the R -1 zone as well as the guidelines of the Subdivision Manual. Lastly, although concerns voiced by a neighbor are not addressed by City regulations, the applicant has responded to them in a manner which should address these concerns. Based upon this and the discussion in the foregoing report, staff recommends approval of the project in accordance with the attached City Council Resolution. FISCAL IMPACT: The applicant has paid all applicable processing fees. Attachments 1. 2. 3. 4. 5. 6. Draft City Council Resolution Locator/Plans Planning Commission Resolution and Minutes Initial Study IS-96-33 Public Response/Applicant Response Disclosure Statement NOr SC,.,JN&b ,~ " " '/ It 1/ (m:\home\planning\patty/PCS9606c.rep) /tJ-3 RESOLUTION NO. jg'5'53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP VISTA DEL MAR, CHULA VISTA TRACT 96-06 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Tentative Subdivision Map Vista Del Mar, Chula Vista Tract 96-06; and for the purpose of general description herein consists of 3.46 acres located on the west side of Del Mar Avenue between Nixon Place and Shirley Avenue in the R-I zone ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on June 17, Dan Irwin ("Developer") filed an application with the Planning Department of the City of Chula Vista requesting approval of the tentative subdivision map in order to subdivide said property into 15 single family detached residential lots (two of which are panhandle lots) served by the widening of Del Mar Avenue and extending a new cul-de-sac street westerly from Del Mar Avenue ("Project"); and, C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 13, 1996, and voted (6-0) to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below; and, D. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 14, 1997, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. WHEREAS NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: n. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 13, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. 1 /t?J- f m. COMPLIANCE WITH CEQA The City Council does hereby find that the Initial Study, IS-96- 33 has been prepared in accordance with requirements of the California Environmental Quality Act and Environmental Review Procedures of the City of Chula Vista and, based on the findings and determinations set forth therein, hereby adopts the Negative Declaration prepared in connection therewith. IV. TENTATIVE SUBDIVISION MAP FINDINGS! APPROVAL A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Vista Del Mar, Chula Vista Tract No. 96-06 is in conformance with the various elements of the City of Chula Vista General Plan, based on the following: The project is in substantial conformance with the Chula Vista General Plan Elements as follows: 1. Land Use: The density of the project of 4.0 dwelling units per acre is consistent with Low Medium Residential Density Land Use 3-6 DU's! Acre designation of the General Plan. 2. Circulation: The lots will be served by the widening of Del Mar Avenue and the installation of a new cul-de-sac street. The panhandle lots will be served by a private driveway. 3. Housing: The project will provide additional housing consistent with the zoning and development pattern in the neighborhood. 4. Conservation: The project site has been previously developed and there are no sensitive plant species found on the property. 5. Parks and Recreation, Open Space: The developer will be required to pay the Park Acquisition and Development fee with Final Map approval. 6. Seismic Safety: The project site is not adjacent to a located or inferred earthquake fault. 7. Safety: The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise: The units will be required to meet the interior noise level standards of the Uniform Building Code. 9. Scenic Highway: The project site is not located adjacent to a designated scenic highway. 2 )tJ~ 10. Bicycle Routes: The project site is located within a single family residential area and is not required to provide a separate bicycle lane. 11. Public Buildings: No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the Tentative Subdivision Map subject to the conditions set forth below. A. Tentative Subdivision Map Conditions Prior to approval of the final map unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY 1. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of said streets. Design transition to meet existing improvements to the satisfaction of the City Engineer. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, street signs, street name signs, striping, sewer and water utilities, drainage facilities, street lights, signs, and fire hydrants. 3 /tl-i 2. Install off-site public street improvements including, but not limited to, pavement, curb, gutter, and street lights along the easterly portion of Del Mar Avenue from the end of existing improvements north of proposed Vista del Mar Court to Shirley Street. 3. Secure, in accordance with City standards, prior to approval of the final map the construction of all public street improvements deemed necessary by the City Engineer to provide service to the subject subdivision. 4. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long term water storage facilities. 5. Provide minimum 12' wide paved access to all public drainage facilities and storm drain clean outs to the satisfaction of the City Engineer. 6. Provide paved access (minimum 12' width) to all public sewer manholes necessary to serve the subdivision. Design access road to accommodate H-20 wheel loads and maximum 15% grade to the satisfaction of the City Engineer. 7. Install fire hydrants as determined by the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. GRADING/DRAINAGE 8. Submit and obtain approval by the City Engineer of precise grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 9. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 10. Show the location of existing cut/fill lines on grading plans unless otherwise approved by the City Engineer. 11. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the final map. 12. Design all retaining walls to Chula Vista standards as determined by the City Engineer. Show details for non-standard walls on the grading plans and submit structural calculations for said walls for review and approval prior to issuance of a grading permit. Include design recommendations for retaining walls in the soils report for the project. 4 /tl- / 13. Submit a detailed geotechnical report prepared and signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading permit. Said report shall include a structural analysis of the existing retaining wall along the westerly boundary of the subdivision. The analysis shall determine whether the existing retaining wall is adequate for the changing surcharge loads due to the proposed grading. 14. Submit a precise drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing drainage patterns. The drainage study shall show how downstream properties are currently impacted. Said study shall include all area from the project to a point downstream where said runoff is collected in a public drainage system. The extent of the study shall be as approved by the City engineer. 15. Submit a detailed hydraulic study including inlet size and dry lane calculations prior to approval of grading or improvement plans. EASEMENTS 16. Dedicate for public use all streets shown on the tentative map within the subdivision boundary. 17. Indicate on the final map a reservation for future reciprocal access and use easements between the owners of Lots 5 & 6. Said easement shall include the proposed driveway access and parking area shown on the tentative map. 18. Dedicate to the City on the final map drainage and sewer easements for any public sewer and/or drainage facilities located outside the proposed public right-of-way. Minimum widths of said easements shall be 15 feet or as determined by the City Engineer. 19. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. 20. Obtain and grant to the City drainage and sewer easements for any public drainage and/or sewer facilities required to serve the proposed development that are located on private offsite property. 21. Obtain and grant to the City right-of-way required to install full street improvements along the easterly portion of Del Mar Avenue from Vista del Mar Court to Shirley Street. 22. The developer shall notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way or easements cannot be obtained as required by the Conditions of Approval. 5 /V~ ?l After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete that are necessary to commence condemnation proceedings. d. If the developer so requests, the City may use its powers to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the final map. AGREEMENTS 23. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 24. Agree to defend, indemnify and hold harmless the City, its agents, officers and employees from any damage, expense, claim, liability or cost (including attorney's fees) arising from, for erosion, siltation or increase flow of drainage resulting from this project. 25. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 6 )j;J__} MISCELLANEOUS 26. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 27. Submit copies of the final map and improvement plan in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3-lh HD floppy disk prior to the approval of the Final Map. Code requirements to be included as Conditions of Approval: 28. Comply with all applicable Federal, State and local laws, any and all rules and regulations including sections of the Chula Vista Municipal Code and the Uniform Building Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 29. Fencing shall be provided on both sides of the access driveway serving lots 5 and 6. Said fencing shall be subject to approval by the Planning Department and shall be decorative in nature and substantial in construction to minimize its maintenance. 30. Any fencing installed at or near the top of slope on lots 6, 8, 9 and 10 shall have a gate on each lot in order that the slopes may be accessible from above for maintenance of the slope planting and removal of debris. This condition shall be incorporated into the recorded Covenants, Conditions and Restrictions (CC&R) and shall apply to all owners including successors in interest. 31. Landscape and irrigation construction drawings shall be reviewed and approved by the Director of Planning. Any developer-installed landscaping shall prescribe to xeriscape design principles whenever possible. 32. A retaining wall shall be provided along the northerly property line of Lot 1 and the southerly lot line of Lot 15 for the purpose of eliminating the proposed down slopes in those areas, unless an alternative grading plan is submitted eliminating said down slopes. 33. Any retaining walls over 4 feet in height should be designed to provide the ability to easily get to the top of the wall for maintenance of the slopes. 34. Any retaining wall shall maintain a minimum 8 foot setback from the back of the sidewalk. This restriction shall be reflected in the CC&R's for each affected lot. 35. The typical street planting pattern for comer lots shall be one tree street for each street frontage. 7 jlJ-j tJ 36. Noise: The units will be required to meet the interior noise level standards of the Uniform Building Code. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect without further action. VII. NOTICE OF DETERMINATION. City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by Approved as to form by Q "- --y'\A A<H~ John M. Kaheny City Attorney ~O^ - Robert A. Leiter Director of Planning 8 Ii/.-/I j~iin !i ~Pi i ~. ~ i ~ i!~ '--(1-/7/ . i~ib ;~: ~~;: i q ~ II; i ; ~!II I ~ ~! ~it::;.I ~ 'I! lID I:>~ ~ ~ ~g ~ ~ t ~ ~ II ~I~~i~ i ~~ i~:1 ~ hi. g~ ~ Iq! d ~II I ~. i ;.!!~ 'Ii ~I;. 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In .,' ~! !!I I ".1 . . --------------= -- r-----r Ii ~ Ii ,t.~ i: 1".ii"..,..,t'Mt/ ,~ ,~ ,~ ~ -- 191 "ON Jwt NOCVW Y1 ~o OH::lN"flf ;el ':)]Q I'll NorDlO,", 1t>-I2. ~ <( ::II I- - m - :J: >< W ------ R3 C.Y. MOBILE HOME PARK SOUTH BAY PIONEERS CANTERBURY COURT SENIOR HOUSING s~ CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~, Vista Del Mar PROJECT DESCRIPTION: C9 INITIAL STUDY PROJECT 142 Del Mar Avenue Request: Proposal for 15 - 2,000 sq. /to ranch style, ADDRESS, single fomily dwellings on large lols. SCUJ;, ALE NUMBER, NORTH No Scale 15-96-23 Related case: PCS-96-06 ~ //?~ /3 ) J/[J ATTACHMENT 2 LOCATOR/PLANS - 1- THIS PAGE WAS INTENTIONAILY LEFT BLANK _;2.- ATTACHMENT 3 PLANNING COMMISSION RESOLUTION / MINUTES ~ -5- THIS PAGE WAS INTENTIONAILY LEFT BLANK -&- RESOLUTION NO. PCS-96-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TIIAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR VISTA DEL MAR, CHULA VISTA TRACT 96-06 AND ADOPT NEGATIVE DECLARATION IS-96-23 WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City of Chula Vista on June 17, 1996 by the developer, Dan Irwin; and, WHEREAS, said application requests approval to subdivide 3.713 gross acres, Chula Vista Tract 96-06, Vista Del Mar; and, WHEREAS, the tentative subdivision project is located on the west side of Del Mar Avenue between Nixon Place and Shirley Street and the proposal is to subdivide the property into 15 lots (two lots of which are panhandle lots) for single family detached homes along with all associated on site and off site public and private improvements ("Project"); and, WHEREAS, an Initial Study, IS-96-23, of potential adverse environmental impacts associated with the implementation of the project was conducted by the Environmental Review Coordinator and has concluded that there would be no significant environmental impacts; and, WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., November 13, 1996, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered and recommends adoption of the Negative Declaration issued on the Initial Study, IS-96-23. NOW, THEREFORE, BE IT RESOLVED TIIAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution in the form attached with said minor modifications as may be approved by the City Attorney, approving the Tentative Subdivision Map for Chula Vista Tract 96-06 in accordance with the findings and subject to the conditions contained therein and adopting -1- the Negative DecJaration issued on 15-96-23 ;f1 connection therewith. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of November, 1996, by the following vote, to-wit: A YES: Commissioners Davis, Ray, Tarantino, Thomas, Tuchscher, Willett NOES: None ABSENT: Salas ABSTAIN: None Frank Tarantino, Chair A TrEST: Nancy Ripley, Secretary m:/home/planninglmando/pcs9606.pcr ~ 9- Excerpt From 11/13/96 Planning Commission Minutes ITEM 4: PUBLIC HEARlNG: PCS-96-06; CONSIDERATION OF A TENTATIVE SUBDIVISION MAP KNOWN AS VISTA DEL MAR, CHULA VISTA TRACT 96-06 IN ORDER TO SUBDIVIDE 3.46 ACRES LOCATED AT THE NORTHWEST QUADRANT OF DEL MAR AVENUE AND "C" STREET - Dan Irwin Assistant Planning Director Lee presented the staff report, and noted that staff recommended approval in accordance with the conditions stated in the staff report. Commissioner Willett said he had observed the traffic. The project with only 15 homes would not contribute to the traffic. This being the time and the place as advertised, the public hearing was opened. Dan Irwin, 7449 Girard, CV, the applicant, stated that the project consisted of 15 homes, and they were providing a full City street. There would be no Mello-Roos. They would be bringing sewer into the area where there was only septic. He requested approval of the project. Theresa Grady, 6 N. Del Mar Ave., CV,read a letter which she had previously submitted and was not part of the package. The letter indicated that she and her husband were not opposed to the project, but were concerned about the view of Point Lorna, the Bay, and the Bridge. They had applied for and received a variance for a patio, which was granted because of the view. She wanted to know if somehow the City could assure them that their view would not be obstructed. She was also concerned about the quality of the homes. She was hoping to keep the value of the homes in that area by building homes of comparable value. (A copy of the letter is in the project me.) Commissioner Willett asked when Ms. Grady had bought the home. She replied that it was June 3, 1993. Commissioner Willett asked if there were CC&Rs to stipulate the purchase of the view. Ms. Grady answered affrrmatively. Assistant Planning Director Lee said that typically homes today would be two-story. All the views from this property would be impactive. There were no guarantees when buying that there would be a view over someone else's property. At this point, the City has no concern over the plans. They would try to minimize the impacts but everything was in accordance with City regulations . Commissioner Tuchscher asked if staff knew the finished floor elevation of her home. A discussion followed regarding the pad elevation between Ms. Grady's home and the various lots near her home. Commissioner Davis asked Mr. Irwin to give an estimate of the price ranges. Mr. Irwin stated the range would be between $230,000 and $259,000, depending on the lot size. The value would be similar to existing homes in the area. - r- Armida Martin Del Campo, 4064 Bonita Road, Suite 101, Bonita, stated that she was the realtor working with Mr. Irwin. She said the quality of the project was tremendous. No one else wishing to speak, the public hearing was closed. MSC (Willett/Thomas) 6-0 (Commissioner Salas excused) to adopt Resolution PCS-96-06 recommending approval in accordance with the draft City Council resolution, based on the fIndings and subject to the conditions contained therein. - /0 ~ " ATTACHMENT 4 INITIAL STUDY - //- THIS PAGE WAS INTENTIONALLY LEFT BLANK . . - I?- - I I \ "....' \. negative declaration PROJECT :\A.1\1E: Vista Del Mar PROJECT LOCATION: 142 Del Mar Avenue ASSESSOR'S PARCEL NO.: 563-290-06, 563-301-02 PROJECT APPLICA.NT: DBL D Del Mar CASE NO: IS-96-23 DATE: September 30,1996 A. Proiect Setting The project site is a 3.46 acre parcel located on the western side of Del Mar Avenue benveen Bayview Way to the north and "c" Street to the south. There is one structure on the site. The average natural slope of the site is 8% with a maximum slope of 20%. The site is surrounded by single family residential to the north, east and south. To the west of the site there is multi-family residential and commercial. B. Proiect Description The project consists of an application for a Tentative Subdivision Map for the construction of fifteen 2,000 s.f. ranch style homes. Lot sizes range from 6,000 s.f. to 16,560 s.f. Fire Department staffhas stated that there will be one fire hydrant required on-site. Also, due to site location, it is recommended that a security evaluation be performed on the site. The distance to the nearest fire station is 1.5 miles and reaction time is approximately three minutes. The Fire Department ",oill be able to provide an adequate level of fire protection to the site without an increase in personnel or equipment. Pursuant to Government Code No. 65995 (Developer Fees), the applicant will be required to pay school impact fees. The discretionary actions include the approval of a Tentative Subdivision Map. C. Compatibility with Zoning and Plans The current zoning on-site is R-l (Single-family residential) and the site is designated Low-Medium on the General Plan. The proposed project is in compliance with the Zoning Ordinance and General Plan. 1- / - /3 ~ _ city of chula vista planning department OlY Of environmental review section. (HULA VISTA. ? ~\r?- -.- . -.;: --.;:-.:: ~~ D. Identification of En\ironrnental Effects An initial study conducted by the City of Chula Vista (including the attached Emironmental Checklist Fonn) detennined that the proposed project ",ill not have a significant environmental effect, and the preparation of an Environmental Impact Report v.ill not be required. This Negative Declaration has been prepared in accordance ",ith Section 15070 of the State CEQA Guidelines. E. Mitigation necessary to avoid silmificant effects The proposed project v.ill not result in any significant or potentially significant environmental impacts, therefore, no project specific mitigation is required. An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Fonn) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report v.ill.not be required. This Negative Declaration has been pH:,pared in accordance v.ith Section 15070 of the State CEQA Guidelines. D. Consultation 1. Individuals and Organizations " City of Chula Vista: Keith Barr, Planning Barbara Reid, Planning Annando Liuag, Planning Roger Daoust, Engineering Cliff Swanson, Engineering Steve Thomas, Engineering Garry Williams, Planning Ken Larsen, Director of Building & Housing Doug Perry, Fire Marshal MaryJane Diosdada, Crime Prevention Marty Schmidt, Parks & Recreation Dept. Ann Moore, Assistant City Attorney . Chula Vista City School District: Dee Peralta Sweetwater Union High School District: Tom Silva .' Applicant's Agent: V. Michael Fraire, Architect . !M:_1>"",,",glkdth\do_..d) - 14-- hlc2 2. Documents Chula Vista General Plan (1989) and ErR (1989) Title 19, Chula Vista Municipal Code Hydrology Analysis for Vista Del Mar (CV Tract No. 96-06) in Chula Vista- (DGB Survey and Mapping, August 8, 1996) 3. Initial Studv This environmental det=ination 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 infonnation regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~ lJ~<~ yt~- fff2~ EJ\'VIRONMEmAL REVIEW COORDINATOR EN 6 (Rev. 5/93) - IS-- Case No.: IS-96-23 CITY DATA SHEET PLA.N1\1NG DEPARTI\1E]\'T I. Current Zoning on site: R-l (Single-family residential) North: IL South: R3GD East: RI West: RI Does the project conform to the current zoning? Yes II. General Plan land use designation on site: Low-Medium North: Low-Medium South: Low-Medium East: Low-Medium West: Medium Is the project compatible with the General Plan Land Use Diagram? Yes Is the project area designated for conservation or open space or adjacent to an area so designated? N Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). III. Schools If the proposed project is residential, please complete the following: Students Units Generating Generated School CaDacitv Enrollment ProDosed Factors From Proiect Elementary: Rosebank 650 673 16 .30 4.8 Junior High: .29 Senior High: Chula Vista 1836 1367 16 .10 1.6 High IV. Remarks: N/A H~/-flZl Directorjf Planning or Repr~entafute ~ /.-.Iiu' ate . - / (p - E;'\\'IRO;'\1I1E~lAL CHECKLIST FOR.l\f 1. Name of Proponent: DBL D Del Mar 2. Lead A.gency Name and Address: 7449 Girard Ave. La Jol1a, CA 92037 3. Address and Phone Number of Proponent: 619/454-0044 4. Name of Proposal: Vista Del Mar 5. Date of Checklist: September 27, 1996 - ir; - Case .\0.1$-96-23 (M:\homl:\planning\keith\cl:JiSLdel) Pagel .........., .........., -- Lea .... -- tJoJo. -- "" '-' -.-. '-' '-' I. LA1'iD USE .0\.."-1) PL.o\..1'I,1\1NG. Would the proposal: a) Conflict with general plan designation or.. 0 0 0 IS! zoning? b) Conflict with applicable environmental plans or 0 0 0 IS! policies adDpted by agencieLwith jurisdiction over the project? c) Affect agricultural reSDurces or DperatiDns 0 0 0 IS! (e.g., impacts tD sDils or farmlands, or impacts frDm incDmpatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 IS! an established cDmmunity (including a IDw- incDme or minDrity cDmmunity)? Comments: The project is consistent with existing General Plan designations of R-M (Medium Residential) and zoning of R-l (Single-family Residential). The proposed project is in compliance with the Zoning Ordinance and the General Plan. n. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed Dfficial regiDnal or IDcal pDpulatiDn projectiDns? b) Induce substantial growth in an area either directly Dr indirectly (e.g., thrDugh projects in an undevelDped area Dr extensiDn of majDr infrastructure) ? c) Displace existing hDusing, especially affDrdable hDusing? Comments: The project is the construction of 15 single-family homes and would not exceed grDwth forecasts, nDr induce growth either locally or City-wide. o o o IS! o o o IS! o o o IS! m. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditiDns at changes in 0 0 0 IS! geDIDgic substructures? b) DisruptiDns, displacements, compactiDn or 0 0 0 IS! overcovering Df the SDil? c) Change in topDgraphy or ground surface relief 0 0 0 IS! features? d) The destructiDn, covering or modificatiDn of 0 0 0 IS! any unique geolDgic or physical features? (M:\bomc~\l:ClhIcl:liJ1.dd) - (X- Parc2 ~ ~ ~ r.... .... -= ..-.. ~ ~o """"" """-" """"" """"" e) .lv:Jy increase in wind or water erosion of soils, 0 0 0 ~ either on or off the site? f) Changes in deposition or erosion of lY'...ach 0 0 0 ~ sands, or changes in siltation, deposition or . erosion wruch may modify the channel of a river or stream or the bed 9f the ocean or any bay inlet or lake? g) Exposure of people or propeny to geologic 0 0 0 ~ haz:rrds such as earthquakes, landslides, mud slides, ground failure, or similar haz:rrds? Comments: The project would require some on-site grading but would not create any landform hazards or modifications. IV. WATER. Would the proposal result in: . a) Changes in absorption rates, drainage patterns, 0 0 ~ 0 or the rate and amount of surface runoff? b) Exposure of people or propeny to water 0 0 0 ~ related haz:rrds such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 ~ alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 ~ water body? e) Changes in currents, or the course of direction 0 0 0 ~ of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 ~ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 ~ groundwater? h) Impacts to groundwater quality? 0 0 0 ~ i) Alterations to the course or flow of flood 0 0 0 ~ waters? j) Substantial reduction in the amount of water 0 0 0 ~ otherwise available for public water supplies? Comments: Project would not create additional drainage impacts to adjacent off-site areas. (M:\bome\PIanlili!<,"",,\CilisujeI) -/1- ""oJ ..........., - ~ ...... .... SipI!bDt l"'- SipI!bDt No bapoct "'-'" bapoct bapoct V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 t8I an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 t8I c) Alter air movement, moisture, or temperature, 0 0 0 t!:I or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 t8I e) Create a substantial increase in stationary or 0 0 0 t8I non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: Air quality would not be affected by this project. T, VI. TRANSPORTATION/CmCULATION. Would the proposal result in: " a) Increased velUcle trips or traffic congestion? 0 0 0 t8I b) Hazards to safety from design features (e,g., 0 0 0 t8I sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 t8I nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 t8I e) Hazards or barriers for pedestrians or 0 0 0 t8I bicyclists? f) Conflicts with adopted policies supporting 0 0 0 t8I alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 t8I h) A 'large project' under the Congestion 0 0 0 t8I Management Program? (An equivalent of 2400 or more average daily velUcle trips o~ 200 or more peak-hour vehicle trips.) Comments: Project implementation would not create sufficient traffic as to negatively affect LOS =dards at any adjacent intersections. (M ,1I>om<~Iannm<\kcUb'<kli>t.deI) -7D~ hlc4 ~ -- lmpod ""'"""'" -- u.Joa "'-'" L<a .... .....,..,.., lmpod s. lmpod VII. BIOLOGICAL RESOURCES. Would rhe proposal resuJr in impacts 10: a) Endangered, sensitive species, species of 0 0 0 -~ concern or species that are =didates for listing? - b) Locally designated species (e.g., heritage 0 0 0 ~ trees)? c) Locally designated natural co=unities (e.g, 0 0 tJ ~ oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 ~ vernal pool)? e) Wildlife .dispersal or migration corridors? 0 0 0 ~ f) Affect regional habitat'preservation planning 0 0 0 ~ efforu? Comments: There are no endangered biological species on this project site. No biological concerns are present at this time. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 ~ plans? b) Use non-renewable resources in a wasteful and 0 0 0 ~ inefficient manner? c) If the site is designated for-mineral resource 0 0 0 ~ protection, will this project impact this protection? Comments: Site is not designated for mineral resource protection and there will be no energy conservation conflicts. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 ~ hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 ~ response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 ~ health hazard? {M'-'I>I&ooio:\keiIb'cllisl.4oI) - !J-/- "':05 ~ ""- .....,.,... r.... .... -- ""'" ~, "" ....... ,..,......, ....... ....... d) Exposure of people to existing sources of 0 0 0 ~ potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 ~ brush, grass, or trees? Comments: The proposed plan would not cause a risk of upset in the City. The project would not release toxic or hazardous materialinto the environment during upset conditions. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 0 ~ b) Exposure of people to severe noise levels? 0 0 0 ~ Comments: Noise levels are not expected to increase with implementation of this project. " XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government seT1lices in any of the following areas: a) Fire protection? 0 0 0 ~ b) Police protection? 0 0 0 ~ c) Schools? 0 0 0 ~ d) Maintenance of public facilities, including 0 0 0 ~ roads? e) Other governmental services? 0 0 0 ~ Comments: No new governmental services will be required to serVe the project. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? o o o ~ AJ; descn'bed below. the proposed project does not adversely impact any of the seen Threshold Standards. a) FirelEMS o o o ~ .' The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is 1.5 miles away and would be associated with a 3 minute response time. The proposed project will comply with this Threshold Standard. (M:\bamo\p-.,\I:,",,'<1:lis1.dcl) - dd- - 1'1:<6 .......".,." ~, lmpoct ~ ~ 1JnIoo """-" '- .... ~IICI.DI lmpoct ~. lmpoct Co=ents: The Fire Department will require the following improvements to the project site: . a fire hydrant will be required The Fire Department can adequately deliver service to the site without an increase in equipment or personnel. b) Police o o o t8j The Threshold Standards require that police units must respond to 84 % of Priority I calls v,'itbin 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. Co=ents: Due to site location, the Police Department recommends a security evaluation for the site. , c) Traffic o o o t8j The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. d) ParkslRecreation o o o t8j Tne Threshold Standard for Parks and Recreation is 3 acres/I ,000 population. The proposed project will comply with this Threshold Standard. e) Drainage o o o t8j Tne Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plants) and City Engineering Standards. The proposed project will comply with this Threshold Standard. f) Sewer o o t8j o (M,'bomc~\"i!hlcklist..,n -;23- 1'>:,7 .........", ~ """"" ..........., ~ u.-.. -.. '-- .... "'-, """"" "" """"" Th: Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: Adjacent sewer line capacities are adequate and project will be required to conn:ct to existing faciliti:s. g) Water o o o tSI The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that waier quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Pr ". XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a .need for new systems, or substanIial alterations to the following utilities: a) Power or natural gas? 0 0 0 tSI b) Communications systems? 0 0 0 tSI c) Local or regional water treatment or 0 0 0 tSI distribution facilities? . d) S:wer or septic tanks? 0 0 0 tSI e) Storm water drainage? 0 0 0 tSI f) Solid waste disposal? 0 0 0 tSI Comments: The proposed housing subdivision 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 0 0 0 tSI public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 tSI scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 tSI (M,Ibome'fo_'"',"'",klisLd") -dt./ h:e! - ""'- ""- ~ ..... .... ..........' """'" -.., So "-" "'-"" "-" "-" d) Create added light or glare sources that couJd 0 0 0 t2I increase the level of sl-y glow in an area or cause this proj~t to fail to comply with Section 19.66.100 of the ChuJa Vista Municipal Code, Title 19? e) Reduce an addirional amount of spill light? 0 0 0 t2I Co=ents: There are no scenic vistas or views in the vicinity of the site that will be affected by project implementation. :~..v. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or 0 0 0 t2I the destruction or a prehistoric or historic archaeological site? ... b) Will the proposal resuJt in adverse physical or 0 0 0 t2I aesthetic effects to a prehistoric or historic building. structure or object? c) Does the proposal have the potential to cause a 0 0 0 t2I physical change which would affect unique ethnic cuJtural values? d) Will the proposal restrict existing religious or 0 0 0 t2I sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 t2I EIR as an area of high potential for archeological resources? Co=ents: The site is not in an area of high potential for archeological resources. The proposed project will not have any negative impacts on archeological resources. A"VI. PALEONTOLOGICAL RESOURCES. Will the proposal resul! in the al!erarion of or the destruction of paleontological resources? Co=ents: Due to the fact that the site is not located in an area of high potential paleontological resources as identified by the City's General Plan EIR, no negative impacts will occur as a resuJt of this project. o o o Ii:I /"-. XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 Ii:I regional parks or other recrearional facilities? b) Affect existing recreational,opportunities? 0 0 0 Ii:I (M'\bc<oo"'......."'oith'<kJiu.o1cl) - d- J'--- J>.:<9 c) Interfere wjth recre.ation parks & recre.ation plans or programs? Co=ents: This project will not cre.ate any new demands on recreation facilities. A"'VITI. MANDATORY FINDINGS OF SIGNIFICANCE: See NegaIive DeclaraIion for rnanda10ry findings of significance. If an EIR 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, thre.aten 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? Co=ents: None of the impacts associated with the project are considered significant and the project as a whole would not degrade the environment or substantially affect any biological habitats or cultural resources. b) Does the project have the potential to achieve short...term, to the disadvantage of long...term, environmental goals? Co=ents: The scope and nature of the project would not result in the curtailment of any short term or long term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" me.ans 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.) Co=ents: All impacts, both individual and cumulative have been found to be less than si facilities are adequate to serve the proposed project and no new facilities will be required. The significant, as a result of the applicant's compliance with the City's Code requirements. City project does not have the potential for individually limited effects -being cumulatively- considerable. .,. .........., - """"" - ........,.,. """'" "'-"" So '"'-' Lao .... ...... ..., '"'-' o o o ~ o o o ~ o o o ~ o o o ~ (M,\bame~n:lkcilh\ckli>t.d'Q -,;2& Pafc]O ~ ,.,."..", """"""'" '"-" ,.,."..", """"""'" u.u... ...,.,."" Lao .... ~ '"-" So "'-" d) Doos tho projxi have environmontal effects which will cause substantial adverse effects on burrum beings, either directly or indirectly? Co=ents: T'Ile project is not of sufficient scope to cause any such impacts. o o o l8I XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The follov.'ing project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: . Project Proponent Date XX. E1\'VIRONME~"'TAL FACTORS POTE~"'TIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. . o Land Use and Planning 0 Transportation/Circulation 0 Public Services o Population and Housing 0 Biological Resources 0 Utilities and Service Systems o G<-..ophysical 0 Energy and Mineral Resources 0 Aesthetics o Water o Hazards --- o Cultural Resources o Air Quality o Noise o Recreation o Mandatory Findings of Significance (M,""""""'_\k.;!b\ckili:.6cI) -;2-1- Pale!! XXI. DETER.\iI1'<ATI,-_.: . On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the [gI environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the 0 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 find that the proposed project MAY have a significant effect on the environment, and 0 an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: 1) has been adequately analyzed in an earlier do.-'"UIIlent pursuani 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 ENVIRONMEJ-..'T AL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. .. aJ-~~ ~~/ Signatur~) rJ/.:Jp//J? , Date Environmental Review Coordinator City of Chula Vista - .-..- (Io!:\bame'l>~lkciIhlcl:list.deI) _ --=--:/ c: _ p"el2 /' ~ :.) '/1 ROUTING FORM DATE: June 26, 1996 ~ /,"'" ' / v, F~: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Anne Moore, Asst city Attorney (Draft Neg Dec & EIR) Doug Perry, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only Michael Meacham, Conservation Coordinator CUrrent Planning Duane Bazzel, Advance Planning Garry williams, Landscape Planner Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson SWeetwater,Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) Doug Reid (community Development Projects) other f'r./) t1 Barbara Reid Environmental section SUBJECT: Application for Initial Study (IS-96-33/FA-700 /DQ-306) Checkprint Draft EIR (20 days) (EIR- _/FB- -IDQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-----1 Review of Draft Neg Dec (IS- /FA- IDQ- ) The Project consists of: Construction of fifteen 2,000 sq. ft. ranch style houses. Location: 142 Del Mar Avenue Please review the document and forward to me any comments you have by 7-10-96 -?-1- Case ~o. /S - b /9 INTERDEPARTME/'\TAL COMME]\"T SHEETS ENGI:"\'EERI/'\G DIVISION 1. Drainage A. Is the project sire within a flood plain? AJ o. If so, state which FEMA Floodway Frequency Boundary. ,11/ / A B. What is the location and description of existing on-site drainage facilities? /1/0""<.. S.....R(IIU- .('/aw +owll/Z.'/S A CONCR~-ft:.. c/o/elf 0-</ f-,(J Wc.s7<L/" DO" "'dARt of /-/,<- Ole ot:)~ItTy. C. he they adequate to serve the project? Y<. > . If not, please explain briefly. 570II.M WA7l1!. w:11 h<... CONV<"J by A / B" LXoc. fa b<... .r?IZi)u:~j b.y +),<- r.!rV(It<,lnn +0 '" Ct>AJCR,-r<- c;I,.n/,l flow: ^'; ;/11 -fl., WLS7(.uv d;p<e-(fo,,/. fc~ -R.. ,...",r4\.,~ c."c~<./' crt- -t<-. s:+... , D. What is the location and description of existing off-site drainage facilities?.4 ca"/c.R~--r!... d'-ILl! is Li>C.A;J fa fI.<... [..,JLsf" of -fJ<... O.l(OI<'~IZ-r,,- -4N/ C-oAlV<."..; S/OtLM Wkf(" A),"l'i7Iv.r<-s'1{~/./ A/ltJVNd 1-h<.. AcI//1Lt~ Ap.AIZ"7MCN/ c.v-.oi{x E. he they adequate to serve the project? NO. ,0"-'-"'''- If not, please explain briefly. -;J,,_ C/)A)c.R<.~ cI72/1 CoA/v,,.-s [.vA/<" fa /f "../ ~l?u.J .f';u/ A,zl A c.<.rr fa A /"7(>.6:/<... ), oh<... ,o,1.e.K. /"i{<... Ad/'./.'iJNk!... PI"",; +tu>h f-j,.~... cILv-<-/oPM~.if hAc." CM-S"<... P/ood;",? /C),(D,6k"..,s c/c;wNS7;; At f/,-<.- /7,;b:k ),D/">-<- PAa.k. A J.r~",-y.. .s+"""r ~ ~ tr.-y;~ ",^-ci n. Transportarion 7//"<>'f"C-J.).7""f'o... C:"r ~:~ fr:or to ,.J,.I"""",,-,,- o-f ~ y....J.tj 1""-''''': A. What roads provide primary access to the project? lli 'de~ ~~ B. What is the estimated number of one-way auto trips to be generated by the project (per day)? \6 'S"PD "):. \0 ~''??I'''''''C'"D ",. '''''fi) -rf!-\'VS(vA'/ Dd J.Aa(" A~e"'-<.:>e 'c!..-' ~e.e-t I ) C. What are the Average Daily Traffic (A.D.T.) volumes on the. primary access roads before and after project completion? Street Name Before After "lJ, \ lM-Y' M=~\)G SOO (e&o.",~ (.50 (e,""", .J .,e' :S-\{uz...-\ \Ie:, 0 \ q 40 \oJ. ~~~ NW"..o<?"'- S-;:;LbO 5-::'50 Do any of these volumes ex=d the City's Level-of-Service (L.O.S.) "Cn design ADT volume? If yes, please specify. ~o ~ Wl'Cor.'H:>MEII'l.AN},'!NG\S'TOREIN021.93 (Rd. 1021.93) (Rd. 1020.93) .3 - 0- Page 2 GseNo. /5"6'79 If the A.D.T. or L.O.S. "C" design volume is unknown or not applicable, explain briefly. W/A . D. Are the primary a=ss roads adequate to serve the project? If not, please explain briefly. ~ I A , E. Would the project =ate una=ptable Levels of Service (LOS) at inte=tions adjacent to or in the vicinity of the project site? 1..\", If so, identify: Location iJl A . Cumulative L.O.S. /J/A F. Is the proposed project a "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehick trips or 200 or more peak-hour vehicle trips). If yes, a Traffic Impact Analysis (TIA) will be requined. In this case the TLA will have to demonstrate that the project will not create an unmitigatabk adverse impact, or that all related traffic impacts are not mitigated to a level of non-significance. Yes '''-. No (l'5D A,,::>, 00( :2..400 AvT) The following questions apply if a Traffic Impact Analysis is not requined. G. Is traffic mitigation required to reduce traffic impacts that will result from impkmentation of the proposed project? Yes X No If yes, please describe. I.. ) I A . H. Is the project co_n~istent with the criteria established in the City's Transportation Phasing Plan, General Plan Traffic Element, and all other pertinent traffic studies? Please reference any other traffic impact studies for roadway segments that may be impacted by the proposed project. '-If"-='" kj(') n.J.).c", -h-CL~i c q.,+U~I.~ ',\",-C'.k<"d. I. J. Is a traffic study requined? Is there any dedication requined? If so, please specify. }-.jo Yes -,c No '. t W e.-,< (~lA S GO I2J) I , -'S"'n-,"-..t-<'1"-""': wPCr.~ME'I"'-'J<}.'INC1'.SJ'()RDN022.93 (Ro!. 102.1.93) (lid 1021>.93)_ 31 _ Page 3 K. L. M. ill. Soils Case No. ;/<;- ';'1'9 Is tkre any street widening r~uired? 'Ye...S If so. please specif . ( )J,~LvI.- I}.I'- \ UcA-V Nww. -t-o rl~;"'.'" '-.\J.. r",^\iit::.,Q. % V7)?~ AIe th(ere any other screet im;rovements required? 'J.e"" If so, please spe(:ify the general nature of the n=ssary improve,ments. ""T"""~Ll.~ 0.,,\0 ,~'~<< .<s~~~o...\\t. ; sWe..2--I;: \,'::,~!,~V\L; ~ ~\\'V\~ r,^~ ,?",M""~\/IM. '\0. '^^~. (.\ , . 3(" :..uir\<,- '" "b -\-" "",,--6 , ) ""'0 -d; h:;',', . Will the project and related public improvements provide satisfactory traffic service for existing conditions and future build out General Plan conditions? (Please provide a brief explanation). Yes "-',<r>~t"'('* \0"U ,\"0':'" ,,~<'. ~s-\ac....J,..",~ . ~ ,I, ~ . " \ ~-' . ~'0JLU. I.oL)\~ . ~,.l,., "",^,. A. AIe there any anticipated adverse geotechnical conditions on the project site? !.,AlKNo....;..) B. If yes, spe(:ify these conditions. N / A- C. Is a Soils Report necessary? 1<.5 IV. Land Form V. Noise VI. 8'/. A. 'What is the average natural slope of the site? /" B. What is the maximum natural slope of the site? .:2 r);; 0 AIe there any traffic.related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? /1J 0 Waste Generation - - How much solid and liquid (sewer) waste will be generated by the proposed project per day? Solid .ljPPI'.<)",-:-li1Uy 37/ 16$ W:// 0<... ~'N{~II'7J .t>a dAy Liquid :5 975 ~Ir//D"'S / f)Ay. What is the location and size of existing sewer lines on or downstream from the site? f:.)i.....s/T,.,c s( w-(~ L,."''L5 iN fh<.. ,A--'!<.A -to be. c:ltvu/)~'f..d. , u... -fD LL,)c..4~ /ANS iNti: /,."" A ex.'s7;"" 5(. we L:N<"5 ;N ;1-";<... 1"fJ/'!A f),kr -M<.- cI,,~pp<-~ '=.0'./,/ c.o""",{<-r fo. Are they adequate to serve the proposed project? (If no, please explain) A/O. /he.- ~ vdo& P'n>fox=....'bs", :N>/hll A 50.1'''- L:",,- f),~ w;// Floo-J ;N of/.... 50"';'''.1</'''' cfl{'!c-rTo,j ;,.J /.J<L hA~ Avt"'....... wJl:uI W;// CoNN<c"/lo A B" I've. LoN'- P/oW:Nr; :",iIk W-<'S/CA/y dil!.<.c1ioJ 1N V;s7A ()-c. ht'rll. Go~f2-r: ~;s ~"N"L c..o""'.v<t.7S f(J hNtl71:k<' 8" L.,'Nf.. P/~..v,'~/'" NDL7?lW"t.~~1 I'~<' 10. ; Sc.w'<. L.""'-L FIDW,'''' IN fh~ A/oC77i'w-rf7(..c.1 wPC,F,'.HOMEll'!.ANNINGISTOIlEINOn93 ~. 1021.93) (Rd. 1020.93) Page 4 J;/!-<.</':"tJ c&-f.5 AId AI')X~.( ,1-0 c.oN"'<<,-_~O "'''t,,"x,s-1iN'f Scw<,,- L.J,v,<. ~ ''', Cc.seNo. /5-6y9 VII. National Pollmant Dischan,e Elimination SVS1em rNPDES) Stonnwater Reauirements Will the applicant ~ required to fue a Notice of Intent with the State Water Resources Contra! Board for coverage under an !\l'DES Stormwater Permit? NO. . If yes, specify which NPDES permit(s) and explain why an NPDES pennit is required. /-' /,;1 . Will a Storm Water Pollution Prevention Plan (SWPPP) be required for the proposed project? Yes >< No Additionalcomments CVHC- 5'0(70'"" /'7,~D,I;;"D 1C<''i",.JI?,c.s /I"'Y'PueSD.-.I u,'/A~J jN c:!(.lfJJiloht....ifI 7D t..t"77/;7<- ~<s--;- /,?,;fNAR-"'<"A.i"/ PA!Ac7/c<s fD P~c/.J4..~ /.?o//';"7~N7 , - f'~()h f..,J1'[1!,'''''c. , -,-, ~..,~ S7DI!M wA'7ZJt C.ONV'(.y......""'CL... 5.,....,7<,.....,. vm Remarks Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other issues. n we.. !2{.\I;tIoYJ ;""P.<DIIU,,<JrpLAN5 /:-N.I-r:~/c/ Cllak-<.j -Ij<.. AR-v1. 0)' w(~ lANAhu...... fa L"CA/Z... AN e.x:.,.;-/7......c:: SC:w,., L,.)i.I"(.... 7),<- r./(v(/pp~ " 1.,,)0&/) be /166.... 7-0 G:>N/lC.C./ -;'~ IN fh" 11~-<, A. :2) A 8" SCw<1t L;N'- 15: f/'" 1'7;",;"'&_ toJ!. h~ ",6/;C SCW(;( 5 7<".." 3) ,t?oss;6~ F/ODC/;P'; f)4Jbt.h$' NAy 6~_ CJec.~1 FOf! -!-)<.. /706;1<- ;'0"''''-- v .oAl!k d.o"'Als---;7,,,,,,, ('/4).... fk cIr~tI~f''''{if/ If' fh<., cAv-u'o,O<.( COJ'VN{c75 -/i.<-. "'L.<OODSJ /8" '--;;;j/C.. fD -rh-c... C<;'vc.,t'c7'<- C//A/VNc.L.. "/) A Sewe.f .s:--+Jy N\"'!+ C;-i--, br~ (r:~ t. I h..... f'\e,J: UA."<-.J.. y:rcv,J" .A ~ C!~n'O~ 1.,. ~ , . / ~J'\-r~j:",^ P\~ 7/ If /7~ eer or Representative Date WPCP,'O!O~1<tNC1'STOREINO;2.93 (Rd. 1021.93) (Rd. 1020.93) -33- PageS ROUTING FORM , " - DATE: June 26, 1996 ~" 'J1i1: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Anne Moore, Asst city Attorney (Draft Neg Dec & EIR) Doug Perry, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only Michael Meacham, Conservation Coordinator CUrrent Planning Duane Bazzel, Advance Planning Garry Williams, Landscape Planner Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) Doug Reid (Community Development Projects) Other 7D ...-- ~: ~a-R-eid ~--- SUBJECT: - - -- - ;~~iro~~:~:;"~ .eJ- -_/ Application for Initial Study (IS-96-~/FA-700 /DQ-306) Checkprint Draft EIR (20 days) (EIR- -!FB- -!DQ ) Review of a Draft EIR (EIR-_/FB-_/DP ) Review of Environmental Review Record (FC-_ERR-----1 Review of Draft Neg Dec (IS- /FA- /DQ- ) - Tbe Project consists of: Construction of fifteen 2,000 sq. ft. ranch style houses. Location: 142 Del Mar Avenue Please review the document and forward to me any comments you have by 7-10-96 ?)(-I - Case. No. ,- :.;:~.- <? FIRE DEPARTME1\l A. What is the distan~ to the nearest fire station? And what is the Fire Depanment's estimated reaction rime? /..s- /J.1 r L-,;;""" <;; '3 In r P t/ 7""6 .- B. Will the Fire Depanment be able to provide an adequate level of fire protection for the proposed facility without an increase in equipment or personnel? t16S: C. Remarks f>RoJ I ~~ Ir-J yO r.1,.J ~ t:..:-t' IS M--k. .1J /\ (Ar LE S" fi",,~ f.f-0 () t.4-;..J-r ~ &. f t..o ; J I .(J{'""J0 fJo4-j~~ Fire Marshal 7/5/4C- / Date 3..s-" - WPCP.aO~"NING\S'I"ORJThIO:u.93 (Rd. 1021.93) (Rd. 1020.93) Pago6 ROUTING FORM DATE: June 25, 1995 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, .Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Anne Moore, Asst city Attorney (Draft Neg Dec & EIR) Doug Perry, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department (M.J. Diosdado) Community Development, Redev. Economic Dev. only Michael Meacham, Conservation Coordinator CUrrent Planning Duane Bazzel, Advance Planning Garry Williams, Landscape Planner Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) Doug Reid (Community Development Projects) Other FROM: Barbara Reid Environmental Section 1$ SUBJECT: Application for Initial Study (IS-95-~/FA-700 /DQ-305) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ ) Review of a Draft EIR (EIR-_/FB--/DP) Review of Environmental Review Record (FC- _ERR--1 Review of Draft Neg Dec (IS- /FA- IDQ- ) .Tbe Project consists of: Construction of fifteen 2,000 sq. ft. ranch style houses. Location: 142 Del Mar Avenue Please review the document and forward to me any comments you have by 7-10-95 . =z..t..._ ...... -. . c.V G~ 6.\Qcil~ M-cu.....cLv aNCQJ; Vvc.., -- ....... C H U L A V I S TAP 0 L ICE D E PAR T MEN T C RIM E P R E.~ E ~T ION UN I T ?l~, Review Recommendations DAT3: July 5, 1996 !:" .J . --.-- - "" ~' .; ~,~ ,1_.... '- -~. FROI'1: PL.!;;\I" ";'Ir, Barbara Reid,. ...Jill-vi==tal ".. ,,-' CAM Brookover~nd Captai~~ithers, Investigations SCPS Mary Jane Diosda~~~ime Prevention Unit ,73 Initial Study 96~ 142 Del Mar Av, Vista Del Mar TO: VIA: PROJECT: -XX- The Police Department and the Crime Prevention Unit will be able to provide an adequate level of service for this proposed site_ xx . There is no expected increase in personnel or equipment in order to maintain Police Department services. -XX- Please forward additional information regarding this project to the Crime Prevention Unit. Estimated response time for Priority 1 calls to this project: Grid: 42 2.62%- of the CFS within P-1 have an A.R.T. of 6:30 Estimated response time for Priority 2 calls to this project: Grid: 42 27.87% of the CFS within P-2 have an A.R.T. of 7:05 CO!T1TT1pnr",' From.. 07/0:Lj 95. tD_ 06/01/9.6. there. were.. 1276. Calls .For Service within this Reporting District. 360 of these calls resulted-in.ccime..cases. Note: The above listed resRonse times are sligptly. above the recommended response thresholds. The highest number of CFS fall under 'disturbing 'miscellaneous' (non-crime) requests for service. second with 200 crime reports. Access to this project site is the greatest concern. Because it is somewhat isolated from regular beat thoroughfares,. this site should be well secured to prevent theft of construction materials. A security evaluation is available upon request for the project site. Contact the Crime Prevention Unit at 691-5187 for more information. the peace' and Burglary ranked Tha~~ you for the opportunity to have input into this project. If you have any questions, please feel free to contact me any time. aL. 691~.5127 . cc: CPTED PD/cpu 11/95 ~ 31- ROUTING FORM DATE: June 26, 1996 - ,", / f(Zfi~ : ~T6J SUBJECT: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) cliff Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Anne Moore, Asst city Attorney (Draft Neg Dec & EIR) Doug Perry, Fire Department Marty Schmidt, Parks & Recreation crime Prevention, Police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only Michael Meacham, Conservation Coordinator current Planning Dup.ne Bazzel, Advance Planning Garry williams, Landscape Planner Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) Doug Reid (Community Development Projects) Other Barbara Reid Environmental section Application for Initial Study (IS-96~~FA-700 /DQ-306) Checkprint Draft EIR (20 days) (EIR- _/FB-_/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC- _ERR-----l Review of Draft Neg Dec (IS- /FA- /DQ- ) .The Project consists of: Construction of fifteen 2,000 sq. ft. ranch style houses. Location: 142 Del Mar Avenue Please review the document and forward to me any comments you have by 7-10-96 Jf-f61l..L PDtS AJ 0 -r ,*PI'Ek><-]"b 13.E /J-/J'( 6. CIJ ~ PLfl-r..l / :5:> d.t-S /,.J I'm 7J+t $ p~ f''wPD ~"I\ -:2 ;J, I V. r./~)--'Z ,/2-/ "j C- -- Cor. N'o / ~- :;; '.- =<3 ~'"' ..-,....-" LA1''DSCAPE PLA1'1\JNG , I' ,(; f A. D~s the project affw native plant communities? f1,(}.{JJ/0,)/'0 \devLTltlbX M CUt If so, please id::ntify which communities. ./" / ~ B, Please identify any imponant or highly visible hillsides on or adjacent to the projw, 17;. P I Jv'fLJ -tv, (/{' ~ , .r00 M) ) -& (ht/"cJ M~ ..' n tAofll }-r'k-- , , UI' ' 0 / ' ilD.A-f .-/ . ./ What landscapin)j conditions (if any) will be required for these hillsides? (~-rt{CI. ~ 'o.v:f 0 /1') , 0/ C. Of the total area to be developed. how much, and which areas are expected to be replanted and require suppkmental watering? (Pkase describe). Ny/ II j5[1 t1foov-c:. . / / ./ E. Are. there any other landscape requirements or mitigation for the project? ~ ~ / / / / ri\i City Landscape Architect or Representative -J;)t-'i 1b,ICf1iP , [ Date WPC,r.=IoI!N'U>o"''III~02HJ (Rd. 1021.93) (Rd. 1020.9'3) Plge 8 -39- Sweetvvater Union High School District Administration Center 1130 Fifth Avenue Chula Vista} California 91911-2896 (619) 691-5553 ! ; ~ . .......- - :~::s Division of Planning and Facilities - July 2, 1996 Ms. Barbara Reid City of ChuIa Vista Environmental Section 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: IS-96-.J3" d- 3 The above project will have an impact on the Sweetwater Union High School District. Payment of school fees will be required pursuant to Government Code No. 65995 (Developer Fees) prior to issuance of building permit. Thomas Silva Director of Planning TS/ml -L/D- BOARD OF EDUCATION July 9, 1996 JOSEPH D. CUMMINGS, Ph.D. SHAgON GILES PATRKXA JJD~ PAMELA B. SMfTH MIKE A S?EYRER SUPERINTENDENT USIA S. GIL Ph.D. CffiJLA y....:iTA ELEMENTARY SChJOL DISTRICT 84 K".ST "J" STREET . CHULA. \lSTA, CALIFORNL-\ 91910 . 619 425.9600 EACH CHILD IS lL"I IKDIVIDUAL OF GREAT WORTH Ms. Barbara Reid Environmental Section City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 ('If 1 .... ~j:...., ..L :.:.'':.'"'.: RE: IS-96-33/ FA-700 / DQ-306 Applicant: Dan Irwin of DbI. D. Del Mar Project: 15 SFD at 142 Del Mar Avenue Dear Ms. Reid: This is to advise you that the project proposed for 142 Del Mar Avenue is within the Chula Vista Elementary School District which serves children from Kindergarten through Grade 6. Rosebank School is the home school for this project. District enrollment has been increasing at the rate of approximately 1 - 2 percent over the past several years, and this is projected to continue. Permanent capacity has been exceeded at many schools and temporary relocatable classrooms are being utilized to accommodate increased enrollments. The District also buses students outside their attendance areas, both to accommodate growth and assist in achieving ethnic balance. State law currently provides for a developer fee of $1.84 per square foot of assessable area to assist in financing facilities needed to serve growth. The fee is split between the two school districts with our District receiving $ .81/sq. ft. and Sweetwater Union High School District (SUHSD) receiving $1.03/sq. ft. This fee is assessed for new residential construction and additions/remodels of over 500 square feet. If you have any questions, please contact this office. Sincerely, ~~ Lowell Billings Assistant Superintendent for Business Services & Support LB:dp cc: Tom Silva Norman Ostapinski c::t~Jrgres - Ljl - ;Z e,berts 2:"; Nixon Place ::-:"ula Vista, CA 91910-1123 'c;ly 23,1996 Douglas Reid, Environmental Review Coordi.rlator City of Chula Vista J l.O. Box 1087 Chula Vista, CA 91912 [.~ar 1v1.r. Reid: ; ~_"Il very concerned about the Vista Del Mar project (15-96-23) which is proposed for my -.::ighborhood. The project location is very near to my horne, and I believe the proposed '.'3~ wouJd significantly alter my neighborhoDd. Please assure that an 'envll"orunental :T;nct report is completed which addresses the following issues: 15! Community Character 11 Visual Impacts II Land Use/Open Space/Sensitive Species C Traffic . Noise 111 Construction Noise Ii: Construction Traffic G Property Values II Impacts to Public Facilities, including Schools II: Crime/Vandalism : 'i~?se send me notification of any meetIDgs and copies of any environmental :kcuments which are produced for this project. ~~i.;1Q~ely, /II ..<t4)&~ :'c.ula T. RObert!t:A"""".........' -LjJ-- SURVEY u. MAPPING 837 Ea.st J Street, Chu,l.a, Yista, CA 91910 Tel.eph071.l! (619)421-3042 ,/ .'/ ) 'i//./ ,J; /; I(?I'- ~Cr /~J.':? " HYDROLOGY ANALYSIS FOR VISTA DEL MAR (CV TRACT NO. 96-06) IN ( CITY OF CHULA VISTA / . / IN 0073TM AUGUST 14, 1996 c~ HOSSEIN ZOMORRODI, RCE 43235 - 1/3 ~ 8 -(+-7y DATE <D m z-; :::- ;:-<. = "" " .- i~ ;;.~ 'qo.c. 0) ~~ .:: i~ ;:.'~< ~ C).r r~n _ tJ :~- ttr ~.:f: "'J:ICrJ) ...::::-- ~- "" - TABLE OF CONTENTS 1. SITE DESCRIPTION 2. HYDROLOGY DESIGN MODEL 3. HYDROLOGY CALCULATIONS.......................APPENDIX A 4. HYDROLOGY MAPS.............................. . APPENDIX B 5. TABLES AND CHARTS........................... .APPENDIX C - '-I Lf- < 1. SITE DESCRIPTION EXISTING SITE CONDITIONS CONSIST OF HILLY SLOPES ( AVE.. 15%) AWAY FROM DEL MAR AVENUE. RUNOFF IS TO THE WESTERLY PROPERTY LINE WHERE IT IS INTERCEPTED BY A CONCRETE DITCH AND DIRECTED TO THE NORTHWEST PROPERTY CORNER THEN WESTERLY TOWARDS EXIST DIRT ROAD (NORTH 3RD AVENUE). THE CONCRETE DITCH ENDING AT' THE EASTERLY EDGE OF 3RD AVENUE INTO ROCK RIP RAP. THE PROPOSED DEVELOPMENT WILL NOT INCREASE THE RUNOFF; HOWEVER A DETENTION BASIN IS DESIGNED TO STORE APPROXIMATELY 25% OF THE 100 YR RUNOFF WHICH WILL ALSO REDUCE THE RUNOFF VELOCITY TO 1.7 FPS. CARE SHOULD BE TAKEN DURING CONSTRUCTION OF DRAINAGE FACILITIES TO INSURE THAT ALL RUNOFF ENDING AT 3RD AVENUE WILL BE DIRECTED NORTHERLY TO ELIMINATE 3RD AVENUE TO THE EXISTING MOBlr(PARK~ ~! /' : .',' :. 1.,\ ~. ANY WATER .\.... ). ( CROSSING -- - - -- - \ i ~ -':~ ' : --" . :;. .r, :~>. . .J; ~ " *; / ."' , > " ~, tj-r- < , ., . '....~J " - .) ./ f. .' .. I .- ......1 .... ;-.... ,- '; 1. lI\'lJROLOGY lJESIGN MODELS A. DF:S/GN MITI/ODS . L THE R/ITIO!JAL METIlOD IS USED IN TIllS HYDROLOGY STIJDY; THE RATIONAL FO~ IS AS FOLLOW:;: . i . , C) = CIA. WIIERE : Q= PEAK DISC;HARGE IN CUBIC FEET/SECOND . c.: = IWNOFE c.:OEFFJCIENT (DIMENSIONLESS) I = RAINFALl. INTENSITY rN INCHESIHOUR A = TRmUT AR Y DRAINAGE AREA IN ACRES 'I ACRE IIJCIIESIIIOI.JIl = I.OOR CUBIC FEET/SEC THE OVE!lLAND FI.OW Wi.ETHOD IS ALSO USED IN TillS HYDROLOG Y STIJDY; THE OVERLAND FLOW FORMUI.A IS AS 1'01.1.0\\'5: " .. T,,~II S(I.I.C)\I.)jJ/\S%)'~ C = RUNDFF COEFFICIENT L ~ C JVEI<LANI) "fRA VEL DIST,\NCE IN FEET S ~ 51.[>1'1: IIJ pERc.:l?I.JT T,," TIME II, j,IINlITES B. !.2FS/,;,v nUT/U1l.1 C. I I i <\u_~ i i 1 I i , - 11.\IN FAI.L INTENSITY PER CtJUNTY OF SAN DlEGO 199311YDROLOGY ! J ! - Fl11'QtJENCY, \00 YEAR STOl,M. - 1.Al-iJ) I'sf; PElt SPECIFIC PLAN. TJP'EJjF,v("S i. . , DRAINAGE DESIGN MANUAL' APR. 1994. CITY OF SAN DIEGO, i HANDnOOr: or HYDRAULICS B~ fiRATER & KING, SIXTH EDITION. , , . , CITY OF SAN DIEGO 1995 REGIONAL STANDARD DRAWING. '; ! i I tjh~ ; I ,I ., ~ \.... 'DESIGN MANUAL I [ j I APPENDIX A (3. HYDROLOGY CALCULATIONS) - L(1- " "Y~f0!,;~:;8..~.:~r..(~"" ,:'~CJB~~0:~' . CHKD.I!!Y -P:A'Ti:: -=-~ -. -.- . "... . " '~Hn:TNo.-L.."" .of ". 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" '- ") r . -\ VJ____... _. ....-.. .. ....y.~ - ... _.- .-:-i r- .. ,- . ....-', ,.-,\ -~-:::.-:,,: :---:.'2.;~ ~ ':.-::< -.. : :.{:..:", ..' i: } '. ~:,)~.~,.._':/~~~~ .....____.. . ..~--=-;:...:;,,-... ___-:_n__ . _... n. .. "! : 1- ; i: j'I..I. -.. <- -, " .. ..t. ,. .'. -. ...... "! , "I..~.'~ .{ .i .; :_"1" I 'i.. ...,.., -- APPENDIX B (4. HYDROLOGY MAPS) . - Sd < I I II ~ ,II ; " il ' ~ or: II ~ ~ II ~ \jrl \ {1 j/\ \(/, 1,,- , \ T J ,\ ) 'r -----'---r- __.J--,' ---/! ! H ~~ i: ,..- i >. I' ( \ l I I i I "Ii' ~ ,----\(- I 1-- - I " 7 .' - 'r i / r 0~/1 " - ,+FZ,..t; ~' - ;; ~"...-.co. -~ / ,?'l ' r"8.J \ {\, ",I ." :. ,'\ ~I' \ ',\ '\1 -- \ \,' \, '- ,i',r, ...1 '-. '\..\1 ~, \' ~ " ....:: \. \/ I' ~ . .\ .f ~J< ;~>~: ...." ,.;: . ,', " '\ .......-, -. \ \ i ~ I I / / 1'- :;::/ '~ . - - _/' " ., ..------- ,~ --_...- ~ -<. I I I _r"1 I 1'.1/ .--------- \ ----...---- TIJIt.' I .~._...,;..~. < - S3- C" ./ .... .,.,.:t>L" .:.i .: \. " c -\~ '. I I \ I . II /' " J I, '5 II~ I r: I :1: ; [" / I / I I I ~ .~L :3 .tC.~~.Ll S ---------'----oj I ~.. I' , . /' ',j " ., , -"",,,-- ',' \. . .~. . / " , ~ !.-,/ ..'1 " v ;-_ __ ___-J_-: , , , I i L \(____ :1-_--,'--- . I - I I \ \ "! .. .. ~ /_i----Y-/ -, , ,,--""'- / \ II , ... .. .., " <,- \ , I j' ~g ~i s 5 u t~ '!!~ "- .... H. .6"Ot.L.I N -------' ~~-L j- . -".. "'::~. . - .~. 'L' ....: ...~vr .. .. ~_: . ... ~ l' '.' , I . .,', '.J u.I "1 ..J .~ ~.1' a. .. "I 0 ::./p 1-' (j) . .'1' ? " "':<':-): ,; '6:. .,P .' , r- ".( "1 .,' ' ;' ....t.... ~, ' i APPENDIX C (5. TABLES & CHARTS) - sT- E. I storm utilizing available head ~th!out causing substantial property damage, except that where a sump condition exists a~d excess runoff has no alternate route, special 'design shall be required for the protection of property. ' i ! t I i'l Hyd ro logy. , 1 r Ij-_ I 1. Runoff quantities as set for;th or derived f.rom the 'report prepared by lawrence, Fogg, Florer and Smith, ti;tled "A Special Study of Storm D!"ain Facilities" .on file in 'the office of the Clty Engineer may be used in: the design of drainage facilities in Chula Vista. " ! . ; -f i 2. For small drainage basins, (not exceeding 200 following method for determining runoff, based on Formula (Q = CiA), may be used.; : . 1 ~. a. Coefficient of Runoff: 'C. (Consider Probable Development. Use average of the following values.) i acres) the the Rational , Paved Surface 0.90 Corrmerci al Area 0.85 Dense Residential (R-2, R-3) 0.75 Normal Residential (R-l) 0.65 Suburban Property (RE) 0.55 Barren Slopes Steep 0.80 " " - Hilly 0.75 " " - Rolling 0.70 " " - Flat 0.65 Vegetated Slopes - Steep ... 0.60 " ".- Hilly ! 0.55 " "- Roll ingJ 0.50 " "- F 1 at' I 0.45 Farm land : 0.35 Parks, Golf Courses I j r 0.30 NOTES: Steep = Steep, :r~gged terrain withl average slop~s generally above 30%. 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(11 -r EL.EVATION i SECTION CITY OF SAN DIEGO DESIGN GUIDE NOMOGRA~~CAPACITY ,CURB INtET AT SAG J is' ~:- ~'X- .06 .O~ .04 .03 ~ ~ 3 z I.~ 1.0 .9 ~ :: ~ 'W :: .8 .7 ... o '" ::! a: w ~ :0 .6 .~ :: ..... e.. ~ .4 c w C Z o e.. .3 .Z - .I~ SHT. NO.' /: "f~~.....;.;;--......~......",.~):~~......;:-.-;::::--.:;..-:-0.:i-'*:"~-'~.ol"5;~~':->,""~.-I"-' - '::<-";~l'''~.- ,.'-1";::'-<;.".. .'~._~,<"..;:r.... ~~ ~Ji"" 'II'.' '.-::'J . ,- T:'~.~M'_"'?":':'J~ ....\.1.'~:;s.b: ......""110. . '-""'1Jf"1 .~' _.J:.:-...-~.."....~...~..........\Oi" ~ - =-."1..-,' .,....::T~..",'-<J~::"I~' ~ ~. . :---.-'A' "':-o~I:.!,,:""ljf"~~'~~j~~~ i-..~.A . '. _.7';: - '-:d>i~l.~~ 'J;.'t-:~..vn?~)...~r:-D~~~c,(:'> ~ . "'.;c:: ~-~"2'r>-i-'~"";::';':("~::;;;~ :~- ,. 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'.'.10(.'1>0 ...0.....'2'1.0 ~~...C.TT .' y' ~5P'"\.O"""'T ::;>:.r.~f"'T (J'SW'CJJ g ~ I.... 1"0 /,)'h"U71. , '1(' ,..,_.__ _,,:O_"i9'"-L___ __\..__~O;:'-~!<t .1 r-- :.J' ... .-' I I I ! j 'W Z <l -.J ..r....SHO' (j) ".C.ltOI~ (j) W 0::: Q, .. ,.,.....'" ~:l:n' ...W.O.7g:,J I MAP NO, 7156 HU' / -'--rl , I I ! I, J r J r 'L ; +f"1!'!!II :~:~r' ..:r-W.D......,U 1~)1I :! .. "" ",)0. , BRENTWOOD ARMS I rJli2l)~:81 .."'"-'.\,....:..0 ~o...: <.i .......0..".,.09 .e.uIlY 00-.1\..."" ~I _0,"0;..".7 . ,. '.0.( -_I """"'" .,O~:) . sua 2 ,~: ZI"'" ::: z::n" bJ ~).Z4 j U 4.....C..:.. /9C,0 WV. .7$7 I I ~ ~ " :1 t ,2 cl 10'11I0" u.s",,' . ~ . C ,'9 :', ., I I :1 ~(Q-r.::> l , ~. ---------~--~ Scr........;: /... ... ---------7-~ ~ rUru(HT...... ....., ..... n..sW"~1 .... !: . " ~ " OC>, .. 40.....2:) arli. ..0 IotC. ...:3..1!::: ~ i 1:5'" " . .... 'It -~ ~ o "''nl A.C.1t[r1ooU:1tT I).oS....Ie.'1 ~~IS. ,,,.... ~ OJECT SITE Q~sr . ~ ~ ...- . . 'USOICNT ~ .. /?V- DrF cr -.........- . c"r."".'''7D c-k"", w.o. '~1C 1Ic:....b.r&s[\I[1lT 'i I~":"" '''iral ~~ . I? ....'1(1. [AS[Ur," jC ro'/ .,.cw...., ~ ~ l . · 1 , I ~ ,. ~~~ 2c .~ ~ E .._~._ (wI , '-- 'i : '" . " . ~ . g ; , i .. '. ,.1:..... - "f").'C, 'u wo .&.l:'U ~ SCALE ,I~ FEET e 10D aDD ". n. ." --- . : --:-:----;--- - CQR~rCTTo ,-,o......~ j,-,---~- .. ATTACHMENT 5 PUBLIC RESPONSE / APPLICANT RESPONSE - ~/- THIS PAGE WAS INTENTIONAILY LEFT BLANK -0;2- BilJ Enms Theresa Grady 6 ~orth Del Mar /we. Chula Vista, CA 9 I 9 I 0 (6 I 9)420-9203 ) ir Mando Liuag, Project Pla1lJ1er P12.nning Department, Public Services Building Chula Vista Ci\;c Center 276 Fourth Avenue Chula Vista, CA 9 I 910 Nav 1:2 1S9S Reference: Case :'\0. PCS-96-06 Vista Del Mar, Chula Vista Tract 96-06 De2-r 1\1r. Liuag. In response to the Notice of Public Hearing we received regarding the above referenced property. 2-5 property owners adjacent to the proposed development, we would like to request the city address two issues of concern. When we were shopping for a house about 3 \" years ago, we chose the one we finally purchased for several reasons. Firstly, because of the area and secondly because of the view. In fact about two years ago we began a project to enhance the view. We submitted plans to the city for the construction of a second story sun-deck that would enhance our \;ew of the bay, Point Lorna, the Coronado Bridge and dO\",ntown San Diego. Upon our original submission of the plans they were rejected due to an encroachment on the required set-back. We were advised by several city employees in the City Planning Department that we could petition to build on the set-back if we could prove we had a good reason. We were also ad\;sed that if we could prove the sun-deck would afford us an enhancement to our view the city would consider approving our plans. We took this advice and petitioned for a variance. We went to great lengths to provide the city with letters ITom our neighbors, photographs ITom our home and both our neighbor's homes, and hired 2.l1 architect to help us with this rebuttal. iiller many months and trips to the City's Planning Department we were granted a variance and approval of our original plans. Not only did this take us a great deal oftime but it also cost us a lot of money. We paid the e>.1:ra charges that were imposed by the city and we paid e>.1:ra for an architect to help resolve this issue. We have also invested a considerable amount of money in building an e>.1:remely well structured, high quality deck and patio. At this time construction is almost complete. Our estimated completion date is 1\ovember 29, 1996. All ofthis has been in an errort to increase our property value, enhance a beautiful \;ew and increase the enjoyment of our home and neighborhood. We are concerned that the height of the new homes \>,;11 obstruct our view. Several months ago we were advised of the development ne>.1:-door by Mr. Dan Irwin. He approached Bill here at our home and showed him his tentative plans and explained his building - G 3- deslgn. From \\ hat he told Bill. he plans 10 build qu~!it\. homes comparable to ours. We he in one of se\.en homes that was built about four years ago. Since these homes are relatively new 2nd are valued at approximately 5220,000 to 5240,0000 \\.e are concerned that the houses we wi1l be sharing property lines with be of comparable value. Our concern here is of course the possible de\'aluation of our own home, We believe there are already factors that may attribute to a lower property \'alue in our area, They are listed as f01l0ws: . We live in an older neighborhood where many of the houses are small and their property values are considerably less than ours, . Within a quarter-mile there is an apartment complex, a senior citizen apartment complex and a trailer park !iiI. If\\in appeared sincere and we are not doubting his integrity, but we believe it is in our best interest as well as our neighbor's if the city would assure us of his intentions to build homes of the same quality as ours and proi\ide us with further detail of the construction and levels of where the homes will sit on the lots, 1.,.1r, Liuag, we are respectfully asking you and the city to help us in maintaining the value of our home and keeping our view, We know we have adhered to all the city's guidelines and advice on this issue and believe the City of Chula Vista has a main interest in maintaining quality neighborhoods and quality homes for future prospective residents, \Ve are asking that the plans for the 15 homes on the adjacent lot be built as tastefully as ours and that they not compromise the beautiful view that we have invested in heavily, Sincerely, . 1~/77)/~~</~~ ~ 1~,~/dJ( 4~. (______ I () William J, EnJTIs Theresa Grady . {PL/- .~ December 12, 1996 r7.'~(::?j\/2C' DEC 1 S 75":'f; Mr. Bill Ennis Miss Theresa Grady 6 North Del Mar Avenue Chula Vista, CA 91910 ,-, i-'LI':'I' \" .'"1/'.1/ ':;\Ir >! II ~ \.:, Re: Response to your Planning Department Letter of 11/12/96 Dear Mr. Ennis and Miss Grady, Vista Del Mar Subdivision, Tract 96-06, will be 15, 2 story single family homes. The architecture style will be similar to our award winning homes at 556 Glover Avenue. The roofs will be tiled and the structures will complement the existing surrounding homes. The properties are planned to be landscaped and fenced with underground utilities. Our price range will be $235,000 - $250,000, depending on the home selected. We can also build a custom home to suit the buyer. Lot number 13 is the lot you are concerned about interrupting your view. The pad elevation planned will be more than 20 feet below the floor of your second story. We plan to build a building to meet the City of Chula Vista's building standards and keeping within the design of the surrounding houses. Sincerely Q~~< ~ Dan Irwin D.B.L. D. Fish c.c.: Mr. Mando Liuag, Project Planner ~~.l- THIS PAGE BLANK ___ &6- A'ITACHMENT 6 DISCLOSURE STATEMENT - r; 1- THE CITY OF CHULA VISTA DISCLOSURE STATEME~T Stal<m<nt of disclosure of c<min own<rship interests, paym<nts, or =pa.;gn contributions, on all I:latl<rs which will require discretionary action on lbe pan of the Ciry Council, Planning Commission, and all olber official bodies, ' The following information must be disclosed: 1. List the names of all persons have a fmancial interest in the contract, i.e., contractor, subcolltractor, material supplier. D/9.'V' 'r'- C>..( <.J ,,:: ! /2 <.-> (~ .5 c.1 I r i's C.A ..,,/ K 2. If any person identified pursuant to (I) above is a corporation or pannership, list lbe names of all individuals owning more lban 10% of lbe shares in lbe corporation or owning any pannership interest in the pannership. /)LhJ I ,2 4~ I~J 0,4 ~I i C> / R. C-..J /-J 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list lbe names of any person serving as director of lbe non-profit organization or as trustee or beneficiary or trustee of the trust. ",-. /" 4. Have you had more than 5250 wortb of business transacted wilb any member of the Ciry staff, Boards, Commissions, Comm.inees and Council wilbin the past twelve months? .-1./0 ' 5. Pl=e identify each and every person, including any agents, employees; consultants or independent contractors who you have assigned to represent you be~ore lbe Ciry in this maner. ,;1./~'~ C 6. Have you andlor your officers or agents, in lbe aggregate, contributed more than 51,000 to a Council member in the current or preceding ejection period? Yes [ ] No IKt If yes, state which Council member(s): . Person is defmed 15: .. AIJy individual. firm. co-parmership. joint vtnturt., usociarion, socw dub, frate.rm..\ organiurion, corporation. t:sta~. trUSt. ~::ei"er. syndiC,LC. this and aD)' other COUnty. city and county, city. municipality, discict or othcr polirica.! subdivision. or any other group or I:ombi.nacion acting as a unit.. (!iOTE: Aa.ob addjriona! pages as oomsary) " Date: (;-1/- ?r:. ~~\, \.. / ~:-<-J';-- Signarure of contractor/applicant PRC:$. D8L. U Dc-/.. .""',fl!?.. Print or type name of contractor/applicant VA N /r:<!.J/H < -~fl- COUNCIL AGENDA STATEMENT II Item /;V~~~ Meeting Date 1/14/97 Resolution ;' ~-::5')~ Approving a contract for $69,000 with Marty Chase for updating the Public Facilities Development Impact Fee (PFDIF) program and the related Fire Facilities Master Plan (PS- 147) and appropriating additional funds therefor. SUBMITTED BY: Deputy City Manager Krempl&t~ Principal Management :rf~stant Young~ REVIEWED BY: Ci ty Manager\,.X~ L1I:k :?:1'~~J5ths Vote: Yes--1L No_ The Public Facilities DevelopmentJImpact Fee program provides for the funding required to construct needed public facilities and prevent existing residents from subsidizing the City's capital costs to serve new development. In order to properly reflect changes in the City's facility needs and their respective costs since the last update, it is proposed that the City enter into a contract to update both the Public Facilities DIF and the related Fire Facilities Master Plan. The timing of this update is intended to incorporate the Otay Ranch annexation area into the DIF prior to issuance of any building permits. ITEM TITLE: RECOMMENDATION: That Council approve the resolution to award the contract and appropriate additional funds therefor. BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND The Public Facilities Development Impact Fee program (PFDIF or DIF) enables the City to implement the intent of the Growth Management Program and ensure that existing residents do not bear the costs of new development. Following the requirements of Assembly Bill 1600 of 1987 (Government Code 66000), this program was adopted by Ordinance 2320 in 1989. One of many separate DIF programs (for such items as roads, drainage and SR-125), the PFDIF is intended to collect the costs of new or expanded City facilities as new projects are built. The components of this program include: * Civic Center Expansion * Police Department Expansion and Improvements * Corporation Yard Relocation * Libraries * Fire Suppression System * Geographic Information System (GIS) * Mainframe Computer * Telephone System Upgrade * Records Management System /1- / Item Meeting Date , Page 2 1/14/97 It is the program's intent that the cost of these facilities be shared among the various beneficiaries of the facilities. In cases where the existing population creates part of the need for a facility, the cost associated with this "City Share" will be borne by the City of Chula Vista on behalf of existing residents. The City share represents a deficiency to be made up by the City and/or the provision by the City of a new facility that benefits both existing and future residents (e.g. to make up for space deficiencies at the corporation yard or to build a fire training tower which serves the whole City). On the other hand, where future development creates an additional facility need for the new residents, the cost associated with this new need is apportioned to the future development in the form of a fee, and represents the DIF share (e.g. Fire Station #6, serving the EastLake/Rancho La Cuesta area) . The formula for determining each charge is complex. evaluation of: It entails 1) Long term facility needs, typically via master planning 2) Costs for those new or expanded facilities 3) Adequacy of existing facilities to meet buildout needs (or applicable standards/ratios) 4) Computation of City Deficiency shares which would not be borne by development 5) Projections of new units or projects to be developed through the term of the DIF (through 2010) 6) Assignment of a per unit or "Equivalent Dwelling Unit" (EDU) fee to pay for the appropriate share of new facilities. As development phasing and density change and construction costs for new facilities change, the City updates the DIF to reflect both the new costs and the appropriate share to be borne by those units left to be built. Recent communications from the Building Industry Association point out how important it is that these calculations be precise and appropriately justified. In 1993, staff and a consultant worked closely with local developers and building industry groups to incorporate all identified concerns and present a consensus report. That same cooperation and detailed review would also be part of the development of any update to the DIF. Finally, regarding the Fire Facilities Master Plan, this is a study that evaluates the precise locations for new fire stations or relocation sites for existing stations to optimize response times and fulfill the GMOC guidelines. This entails collection of existing response time data, measurement of alternate routings on ))-.2 Item Meeting Date , Page 3 1/14/97 existing streets, estimation of response times and routings on planned streets, and computer modeling of the data to provide an efficient fire station network. DISCUSSION Staff Availabilitv The last major updates to the Public Facilities DIF and Fire Facilities Master Plan were accomplished by the Policy Analysis and Program Evaluation Unit (PAPE) of the Management and Information Services Department. That division has since been eliminated due to budget cuts. Although some of the staff who worked on those projects are still with the City, current assignments do not allow enough time for the in-depth, several month project of updating the DIF. To the extent possible, they will be lending their expertise and oversight to this project. RFP for Consultant On November 22, staff issued a request for proposals for an update to the Public Facilities DIF, incorporating among other things, updated costs for required facilities and consideration of the City-annexed parcels of Otay Ranch. This RFP also requested proposals for an update to the Fire Facilities Master Plan, to be included in a final contract at the City's option. In addition to the general notice on this solicitation, staff also sent RFP packages to three consultants which have had previous experience with similar proj ects. Willdan Associates had worked on the previous update to the Public Facilities DIF. Marty Chase, as the former Assistant Director of Management and Information Services, had worked on both this update and the 1989 Fire Facilities Master Plan. Ralph Anderson and Associates had developed the FIND model (Fiscal Impact of New Development) and worked on the Public Facilities Financing Plan for Otay Ranch. willdan Associates and Ralph Anderson each declined the RFP. The sole response submitted was from Marty bid of $46,000 for the PFDIF update and $23,000 Facilities Master Plan update. to respond to Chase, with a for the Fire Scope of Services The proposal for the PFDIF included several comprehensive each component update would be. options for how Based on funding ///] Item Meeting Date , Page 4 1/14/97 considerations and priority updates being the corporation year, civic center and fire facilities components, staff negotiated a contract, presented tonight that includes PFDIF update at $46,000 and a Fire Facilities Master Plan update at $23,000. The recommended approach is to use existing master plan documents as a foundation. The consultant would then work with staff to compile data and then develop formulas and projections to update the data and assumptions contained in the master plans. Particular emphasis would be placed on the corporation yard (making prior cost projections more site-specific), civic center (considering long- term parking and office annex needs) and fire facilities components. The fire and police components bear close scrutiny due to their relationship to GMOC response time thresholds. There are not sufficient funds at this time to perform a comprehensive update of each of the master plans. These will be done incrementally, with Fire Facilities planning updated now to coincide with final planning of the various Otay Ranch villages. The Library master plan is budgeted for update in 1997-98. The proposed contract is structured for work to be completed by 175 days after the agreement is executed, or by approximately July 8. This timeline is anticipated to accommodate the proper assessment of the amended PFDIF to pending Otay Ranch building permits. FISCAL IMPACT: The City's Capital Improvement Program includes an appropriation of $50,000 for the update of the Fire Facilities Master Plan (PS-147). Of this funding, $23,000 would be required for the services to be provided under this contract. The remainder of the contract, to update the Public Facilities DIF, does not currently have a related appropriation. It is recommended that the $46,000 for this portion of the project be appropriated from two sources: a $20,000 deposit toward that update from Otay Vista Associates (per their tentative map conditions) and other existing DIF balances in fund 850 (Public Facilities DIF). This cost would be supported by the Administrative component of the fees collected. ~-1 RESOLUTION NO. /Yff'~ Q>>;f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT FOR $69,000 WITH MARTY CHASE FOR UPDATING THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) PROGRAM AND THE RELATED FIRE FACILITIES MASTER PLAN (PS-147) AND APPROPRIATING ADDITIONAL FUNDS THEREFOR WHEREAS, the Public Facilities Development Impact Fee program provides for the funding required to construct needed public facilities and prevent existing residents from subsidizing the City's capital costs to serve new development; and WHEREAS, in order to properly reflect changes in the City's facility needs and their respective costs since the last update, it is proposed that the City enter into a contract to update both the Public Facilities DIF and the related Fire Facilities Master Plan; and WHEREAS, the timing of this update incorporate the Otay Ranch annexation area into issuance of any building permits. is intended to the DIF prior to NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a contract with Marty Chase for updating the Public Facilities Development Impact Fee (PFDIF) program and the related Fire Facilities Master Plan (PS-147), a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that $46,000 is hereby appropriated from two sources: a $20,000 deposit from Otay vista Associates (per their tentative map conditions) and other existing DIF balance in Fund 850 (Public Facilities DIF). The balance of the contract amount has already been appropriated in the City's Capital Improvement Project as a part of PS-147, the Fire Facilities Master Plan. Presented by Approved as to form by J}~ JlJl ~H'~ ~~,i~$ ~ Jo . Kaheny, cay Att ney George Krempl, Deputy City city Manager //--5 Parties and Recital pagels} Agreement between City of Chula Vista and Marty Chase for updating the City of Chula Vista Public Facilities Development Impact Fee Program and Fire Station Master Plan This agreement ("Agreement"), dated January 14, 1997 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ( "Consul tant"), and is made with reference to the following facts: Recitals Whereas, the City of Chula Vista has a development impact fee program pursuant to Government Code 66000 et seq. and Ordinances 2320, 2432 and 2554; and, Whereas, said program provides for the funding of various public facilities necessitated by new development occurring in the City and General Plan area; and, Whereas, said program must be updated regularly to reflect current costs and facility needs; and, Whereas, Consultant has replied to a City request for proposals to update that program and related documents and been recommended by staff to perform said work; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 1 J//t Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph B, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 2 //- ? E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. The parties hereto acknowledge that City will provide certain raw data as well as policy directives to Consultant; City acknowledges that Consultant is entitled to rely on such information which will in part be a basis for Consultant's work under this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 3 J/-~ All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 2pty9 . wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 4 //-1 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 2pty9.wp November 2, Standard Form Two Party Agreement 1993 (Fourth Revision) Page 5 ~~v ~ F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 6 //-// 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 2pty9 . wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 7 ////2 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 8 //---/3 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 9 /~/f postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty9 . wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 10 /' //~J~ Signature Page to Agreement between City of Chula Vista and Marty Chase for updating the City of Chula Vista Public Facilities Development Impact Fee Program and Fire Station Master Plan IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: By: Marty Chase Exhibit List to Agreement (X ) Exhibit A. ) Exhibit B: 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 11 //- /~ Exhibit A to Agreement between City of Chula Vista and Marty Chase 1. Effective Date of Agreement: January 14, 1997 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Marty Chase 5. Business Form of Consultant: (X ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 745 Dennis Avenue Chula Vista, CA 91910 426-3017 7. General Duties: The City of Chula Vista adopted a public facilities development impact fee program (hereinafter "PFDIF" or "DIF") in 1989 (Ordinance 2320). This program was subsequently amended by Ordinances 2432 and 2554. This program is intended to identify the public facilities required to support future development within the City of Chula Vista's general planning area through a projected build-out year of 2010, with a currently projected cost of $72 million, split between new development and city shares. This request is for proposals to assemble current data and revise facility needs and cost 2PTY9-.A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 1 /)//7 projections to update: the PFDIF, related ordinances, and the City's Fire Station Master Plan. The public facilities currently included in the PFDIF are: * Civic Center Expansion * Police Department Expansion and Improvements * Corporation Yard Relocation * Libraries * Fire Suppression System * Geographic Information System (GIS) * Mainframe Computer * Telephone System Upgrade * Records Management System It is the City's intent that the cost of these facilities be shared among the various beneficiaries of the facilities. In cases where the existing population creates a need for a facility, the cost associated with this "City Share" will be borne by the City of Chula Vista on behalf of existing residents. The City share represents a deficiency to be made up by the City and/or the provision by the City of a new facility that benefits both existing and future residents. On the other hand, where future development creates an additional facility need for the new residents, the cost associated with this new need is apportioned to the future development in the form of a fee, and represents the DIF share. This program was structured to be consistent with the goals of AB 1600 (1987; Government Code 66000 et seq.). Updates to the program are to be consistent with changes in: state law, Chula Vista planning area boundaries, projected Chula Vista public facility needs, cost estimates for those facilities, and equivalent dwelling units (EDUs) of existing and future development. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Including but not limited to: 1. PFDIF UPDATE a. Updating development data and corresponding equivalent dwelling unit (EDU) proj ections. This update shall specifically include consideration of the western portions of the 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 2 /J~J ~ 2PTY9-A.wp June 7, 1995 b. Otay Ranch project area (approximately 9,100 acres) subject to pending annexation into the City (hereinafter "Otay Ranch") . Updating all project revised development related costs. specifications based on data and calculating 1) Staffing proj ections: In concert with staff from affected departments, CONTRACTOR shall reevaluate the staffing ratios used in PFDIF or applicable master plans to project for facility space needs. The revised staffing ratios shall take into account: 1) downsizing which has occurred throughout the City organization since the original master plan(s) were developed and 2) staffing formulas or other operational policies or guidelines. 2) Space proj ections: Using the updated staffing forecasts, CONTRACTOR shall project the aggregate building, parking, storage and other space needs to serve the City's buildout population. These projections shall also include consideration of existing or proposed square footage ratios, design considerations associated with current master plan(s), and anticipated facility construction/relocation sites. Data shall also be broken down for each PFDIF component and affected department. 3) Equipment Projections: CONTRACTOR shall update estimates of related capital equipment needs for each PFDIF component. 4) Costs: CONTRACTOR shall compute updated cost estimates for all projects. c. Reassessing pre-existing City deficiencies using updated standards and ratios of city versus new development shares. d. Reassessing City cost shares on joint benefit projects. Exhibit A to Standard Form Agreement Page 3 )///; e. Updating development and project phasing schedules as applicable, including consideration of availability of funds from existing PFDIF balances and fee credits, future PFDIF payments or in-kind contributions, and City-share contributions. f. Additional Considerations: Police g. Police Workload and Staffing: CONTRACTOR shall review police call for service (CFS) data, project CFS rates for the developing areas, and update the City's patrol staffing and support formulas as necessary. Based on this data, CONTRACTOR shall forecast the increase in sworn and non-sworn police staffing needed to serve new development. 2. FIRE STATION MASTER PLAN 2PTY9-A.wp June 7, 1995 a. Detail the number of fire stations (and fire companies) which will be needed to serve existing City areas, the development covered in the City's current Public Facilities Development Impact Fee (PFDIF) program, and development in the Otay Ranch such that response time, capital and operating costs are optimized. b. Determine the optimal, permanent location for Ci ty Fire Station #6. This station is presently located in an interim facility within the EastLake-I development. c. Identify primary and, if applicable, secondary sites for all new fire stations which will be needed to serve the developing areas. d. Identify primary and, if applicable, secondary sites for any existing fire stations which are recommended to be relocated to more optimal sites as part of the revised Master Plan. e. Develop a Fire Station Phasing Plan which details the time line for constructing new fire stations and/or relocating existing stations. The Phasing Plan shall be based on specific residential and/or commercial/industrial buildout levels. Exhibit A to Standard Form Agreement Page 4 )/- 2// 3. 4. 2PTY9-A.wp June 7, 1995 f. Identify existing City fire stations which will require major remodeling by (or prior to) the year 2010, detail those improvements and provide related cost data. g. Develop a Fire Station Financing plan detailing potential funding sources and budgeting plans for constructing new fire stations and relocating or remodeling existing fire stations. h. Assist City staff in detailing the fire- related capital equipment needed to serve new development. i. Calculate the costs of all fire-related projects to be included in the PFDIF and update the fee for the fire component of the PFDIF. Include in this calculation consideration of fire communications towers, as currently included in the PFDIF, or other communications technology (e.g. 800 MHz) . J. Using updated development data, reassess the Ci ty share of cost on PFDIF proj ects which jointly benefit new development and the pre- existing City. k. Assess the adequacy of the City's present fire threshold and performance guidelines and the methods of measuring those guidelines. ORDINANCE CHANGES. It is anticipated that in relation to the update and/or recent changes in state law, it may be necessary to update various sections of the City's ordinances or Municipal Code to implement the intent of the update. The CONTRACTOR shall prepare all such amendments for consideration by the City Council. MEETINGS. CONTRACTOR shall participate in meetings with staff, other interested parties (e. g. from Chamber of Commerce, development industry), and Council to present and discuss finding and recommendations. Minor amendments to the requested documents or work product arising from such meetings shall be included as part of the contracted scope of work. Any additional reports required to be prepared following such meetings shall be provided at an hourly rate of compensation Exhibit A to Standard Form Agreement Page 5 )//;Lj as provided in the Rate Schedule for Additional Services, Section 10.D. B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: No later than 10 davs from effective date of aqreement C. Dates or Time Limits for Delivery of Deliverables: As specified per compensation schedule (Sections 10.A. and 10.B below) and date for completion of all Consultant services (Section B.D. below). D. Date for completion of all Consultant services: No later than 175 davs from effective date of aqreement E. Stipulations/Exceptions 2PTY9-A. wp June 7, 1995 1. Updating Facility/Design Plans: As outlined, it is CONTRACTOR's responsibility to determine buildout space needs for various City facilities. It is the CITY's responsibility to determine how these space needs are best met, to develop preliminary facility/design plans if needed for costing purposes, and if necessary, to formally update the design components of the Civic Center Master Plan; the facility component of the Police Facility Master Plan, the Corporation Yard Master Plan and the Library Master Plan. At the request of City staff, CONTRACTOR shall provide up to 40 (forty) hours of assistance on the aforementioned plan updates. Any CONTRACTOR involvement in the design/facility plan updates beyond 40 hours shall be reimbursed at hourly rates as specified under Rate Schedule for Additional Services, Section 10.D. Exhibit A to Standard Form Agreement Page 6 //~ ;2;2 9. Materials Required to be Supplied by City to Consultant: A. General: 1. Maps and development data for the Otay Ranch and non-Otay Ranch projects 2. Average daily trip (ADT)/land use data 3. Copies of current facility master plans (and backup files as needed and available) and Growth Management Program B. Component 1 - Civic Center Expansion 1. Up-to-date staffing and workload/performance measures for civic Center departments and/or divisions 2. Identification of department/division positions as fixed or variable based on the City's full cost recovery formulas 3. Up-to-date building plans (with room dimensions) for the Civic Center complex and the El Dorado office building C. Component 2 - Police Facilities and Equipment 1. Police data as needed to update the patrol staffing formula and to project call for service demand in the developing areas 2. Up-to-date building plans (with room dimensions) for the police building D. Component 3 - Corporation Yard Relocation 1. Up-to-date staffing and workload measures for the Public Works' divisions 2. Identification of division positions as fixed or variable based on the City's full cost recovery formulas E. Component 4 - Library System 1. Detailed actual cost breakdowns for construction of South Chula Vista library F. Component 6,7,8,9 - Geographic Information System Mainframe Computer Upgrade Telephone System Upgrade Records Management System 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 7 //-;23 1. Descriptive information and cost data for the various projects included under PFDIF component 6, 7, 8 and 9. G. Component 10 - General Administration 1. Up-to-date data on all charges and encumbrances made against the PFDIF by component and/or project. 10. Compensation: (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $69,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee A. PUBLIC FACILITIES DIF UPDATE: 1. Development data and EDU projections are updated $4,600 2. Staffing Projections are updated for: a. Civic Center Departments other than Police b. Police Department $6,900 $4,600 3. Space Projections a (1) . Civic Center Complex-Buildinqs. Buildout square footage projections are completed for departments/ divisions located in City Hall and the Public Services Building.: $3,450 a (2) . Civic Center Complex-Parkinq. Buildout parking space projections are completed. $1,150 b. Police Facilitv. Buildout projections are completed. space $2,300 c. Libraries. Buildout are completed. space proj ections $2,300 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 8 //-.2 ( d. Corporation Yard. are completed. Buildout space projections $2,300 Project Cost: Cost projections development shares are completed PFDIF component: and City/new for each MAJOR 4. a. b. c. d. Civic Center Expansion Police Facility and Equipment Corporation Yard Relocation Library System $3,450 $2,300 $1,150 $1,150 Cost proj ections and City/new development shares are completed for the following. MINOR PFDIF Components: e. f. g. h. i. Geographic Information System Mainframe Computer Upgrade Telephone System Upgrade Records Management System General Administration $1,150 $1,150 $1,150 $0 $0 5. A preliminary PFDIF update report with the revised fee components. is submitted, $2,300 6. City Council adopts the PFDIF Update. $4,600 B. FIRE FACILITIES MASTER PLAN UPDATE 1. Preliminary report delivered to staff (subj ect to interim monthly advances as specified below) : $17,250 2. Presentation of report to Oversight Commission and other groups Growth Management applicable $2,300 3. Final report, presentation to City Council for their adoption, including calculation of fire components of Public Facilities DIF. $3,450 C. (X) Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for Phase B. 1. (Fire Facilities Preliminary report) on a percentage of completion basis such that, at the end of that phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 9 / / ~ ;2~ City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. D. Rate Schedule for Additional Services For any "Additional Services" pursuant 1.D. of the Agreement, Consultant compensated as follows: to Section shall be Category of Employee/ Consultant Name Rate Owner/Principal Martv Chase $50 per hour 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 12. Contract Administrators: City: George Krempl Deputy City Manager City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 691-5031 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 10 / j- 02 ;; Consultant: Marty Chase 745 Dennis Avenue 426-3017 13. Liquidated Damages Rate: $ per day. Other: 14. Statement of Economic Interests, Consultant Categories, per Conflict of Interest Code: Reporting X) Not Applicable. Not an FPPC Filer. 15. Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: None 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ) Monthly ) Quarterly X) Other: Monthlv or more frequent1v as phases are completed B. Day ( ( ( ( of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month ) End of the Month X) Other: First of the Month or more frequentlv as phases are completed C. City's Account Number: 18. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. notwithstanding ( X) If this space other provisions is to checked, then the contrary 2PTY9-A.wp June 7, 1995 Exhibit A to Standard Form Agreement Page 11 //'2 ? requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following IIRetention Percentage!! or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: x) Retention Percentage: 10% ) Retention Amount: $ Retention Release Event: ( X) Completion of All Consultant Services ( ) Other: 2PTY9-.A. wp June 7, 1995 Exhibit A to Standard Form Agreement Page 12 ///.26' COUNCIL AGENDA STATEMENT Item No. 12 Date January 14, 1997 ITEM TITLE: Resolution 18543 Adopting the Siting Element of the County of San Diego Integrated Waste Management Plan (continued from January 7, 1997). SUBMITTED BY: Michael T. Meacham ~ Conservation Coordinator n REVIEWED BY: City Manage~({ \'J1.X [tern u 4/5th Vote: Yes No-.X.. BACKGROUND: At the January 7, 1997 Council Meeting the City Council considered the Countywide Summary Plan and requested that Staff provide additional information before approving the Countywide Siting Element. Council specifically requested that information regarding the County's request for a 3,500 ton per day limit at the Otay Landfill/Otay Landfill Annex and how that may effect the quantity and origin of waste disposed at the facilities. RECOMMENDATION: That Council approve the Resolution adopting the Countywide Siting Element with the revisions expressing the City's concerns regarding the origin of waste disposed at the Otay Landfill. Staff further recommends that staff meet with the County including Supervisor Cox's Office, to review options regarding the origin of waste accepted at the Otay landfill facilities. BOARDS AND COMMISSIONS: The Resource Conservation Commission reviewed and recommended Council approval of the Source Reduction and Recycling, and Household Hazardous Waste Elements at their January 9, 1995 meeting. DISCUSSION: There are two separately permitted landfill facilities in the region, the Otay Landfill and the Otay Landfill Annex. The vast majority of the future disposal capacity at the two landfills is in the "Otay Landfill Annex" which is in the County of San Diego. The "Otay Landfill" is in the City of Chula Vista currently but will be de-annexed concurrently with the annexation of the Otay Ranch. This landfill has not accepted any waste for approximately three years and has a very limited amount of space remaining under its current permit. If all the waste generated in the South Bay were placed in its existing cells its remaining capacity would be completely filled in a few months. The County is requesting that the operating permits for the two Landfills be combined as one facility and that the capacity be increased from approximately 600 tons per day for the Otay Landfill, and 2,500 tons per day for the Otay Landfill Annex to 3,500 tons per day for the entire facility. That request for increased daily tonnage will be reviewed by the Local Enforcement Agency and the California Integrated Waste Management Board. The permit criteria for a daily tonnage increase is based primarily on the physical ability of the landfill and access roads to safely handle the tonnage requested. As an example the factors that are considered in determining the daily capacity include: . Traffic: can the access roads to the landfill handle the tnlck traffic, /02~/ Page 2, Item No....ll... Date January 14. 1997 . Geometry, Stage Development and Operating Face: is there sufficient space and land configuration to safely handle the daily tonnage, . Existing Conditions: Conditional Use Permit (CUP), Environmental Impact Report(EIR) , Report of Disposal Site (RDS); do these documents prohibit or support future expansion of the daily tonnage. The Otay Landfill Annex is currently operating under a Notice and Order (temporary permit) to accept up to 2,500 tons per day. The landfill actually accepts between 850 to 1,000 tons per day. The increase to 2,500 tons per day was granted by the State based on an estimate in the original application for the facility that projected a waste generation increase of up to 2,500 tons per day. The waste currently disposed at the Otay Landfill Annex is generated by the following jurisdictions which are listed in rank order beginning with the largest waste contributor: Chula Vista, San Diego, San Diego County, National City, Coronado, Imperial Beach, Lemon Grove, La Mesa and Mexico (Attachment A). Under current market conditions it is not likely that cities at the far ends of the County would transport waste to Otay when they can obtain a lower combined rate for transportation and disposal by using Miramar Landfill, Sycamore Landfill, Orange County Landfills or other out of County landfills. CONCLUSION: ChuIa Vista is the third largest customer of the solid waste system and an important source of revenue to the system. Using Chula Vista's position as a long time customer and key source of revenue to the system may be a more effective method of intluencing the amount and origin of waste that comes to local facilities than not approving the Countywide Siting Element. Options. I) Council may approve the Siting Element with the recommended changes to Attachment B. 2) Council may choose to not approve the Siting Element. 3) Council may choose to take no action. If option one (I) is exercised the Countywide Summary Plan will be submitted to the State and the City's comments will become a matter of record. If option two (2) is exercised the County will submit the Plan to the State and our comments will become a matter of record. If a majority of the cities with a majority of the waste in the county disapprove the Plan the State may require the County to revise the Plan. If option three (3) is chosen and no actIon is taken by Council by January 14,1997 (within 90 days of receipt of the documents) Chula Vista will have been deemed to have approved the Plan. The County will then submit the documents to the State without any additional comment from the City FISCAL IMPACT: There is no direct fiscal impact as a result of approving the resolution. The County of San Diego is subject to civil penalties of up to $ I 0,000 per day for failure to develop and /,2 ~ c2 Page 3, Item No. 12 Date January 14. 1997 implement a County Integrated Waste Management Plan. The Siting Element is one component of that Plan. If a fine were to be imposed the County could seek to recover the cost through the tipping fee paid by users of the solid waste system. mtm:cas-rcc otay-ton.rpt Attachments /2 -J RESOLUTION NO. 18543 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE SITING ELEMENT OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN WHEREAS, the City Council received a copy of the County of San Diego Integrated Waste Management Plan Final Draft and the County Board's letter, minutes and resolution adopting the Summary Plan on October 24, 1996; and WHEREAS, the Plan consists of the County-wide Summary Plan and Siting Element Final Draft; and WHEREAS, the purpose of the Countywide Siting Element is to demonstrate a plan for the proper disposal of all waste generated within the County for at least the next fifteen years; and WHEREAS, the siting Plan explains that "tentative" sites must be consistent with local general plans and they must be removed from the list within five years of the adoption of the plan if the affected jurisdiction does not provide a resolution, notarized statement or affidavit regarding land use consistency; and WHEREAS, staff has brought the issue to the County's attention and they have subsequently added a footnote to the Wolf Canyon and North Otay Valley sites; and WHEREAS, these sites are inconsistent with the Otay Ranch General Development Plan and the Subregional Plan and staff recommends that they be removed from the tentative list following the five year review process; and WHEREAS, the Notice and Order establishes a daily tonnage limit of 2,500 tons per day for the Otay Landfill Annex based on population growth projections for the South Bay region; and WHEREAS, the actual waste disposal at the Otay Landfill and Otay Landfill Annex for the past six years has averaged only 1,000 tons per day and during that time waste disposal has declined by approximately 40% in the region. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista recommends that the daily tonnage limit be based on a review of the actual waste disposal over the past six years, the Source Reduction and Recycling Elements and projected population growth for the South Bay. /2-Y BE IT FURTHER RESOLVED the city council of the city of Chula vista does hereby adopt the Siting Element of the County of San Diego Integrated Waste Management Plan with the comment that the Wolf Canyon and North otay Valley sites be removed from the tentative list following the five year review process. Presented by Approved as to form by Michael T. Meacham, Conservation Coordinator rney C:\rs\siting.pln J.2-S- Changes proposed for Attachment D "WHEREAS the Notice and Order establishes a daily tonnage limit of 2,500 tons per day for the Otay Landfill Annex based on population growth projections for the South Bay region, and WHEREAS the actual waste disposal at the Otay Landfill and Otay Landfill Annex for the past six years has averaged only 1,000 tons per day and during that time waste disposal has declined by approximately 40% in the region, THEREFORE the City recommends that the daily tonnage limit he based on a review of the actual waste disposal over the past six years, the Source Reduction and Recycling Elements and projected population growth for the South Bay." /.2~~ (ATTACHMENT A) Total System Weight Mixed and Clean Green Tonnage November 1996 San Marcos % Ramona % otav % Sycamore % Borreao % Total % COUNTY Mixed 8,569.4 0.2 2,582.2 0.8 3,680.5 0.1 9,717.0 0.5 189.8 0.7 24,738.9 0.3 Green 147.6 0.0 118.1 0.0 134.8 0.0 353.2 0.0 79.5 0.3 833.2 0.0 CARLSBAD Mixed 7,518.8 0.2 0.0 0.0 0.0 0.0 4.3 0.0 0.0 0.0 7,521.1 0.1 Green 94,1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 94.1 0.0 CHULA VISTA Mixed 0.6 0.0 0.0 0.0 8,649.6 0.3 27.7 0.0 0.0 0.0 8,677,9 0.1 Green 0.0 0.0 0.0 0.0 193.5 0.0 0.0 0,0 0.0 0.0 193,5 0,0 CORONADO Mixed 14.3 0.0 0.0 0.0 1,494.9 0.1 14.0 0.0 0.0 0.0 1,523.2 0.0 0.0 0.0 0.0 0.0 11.2 0.0 0.0 0.0 0.0 0.0 11.2 0.0 DEL MAR Mixed 447,1 0,0 0.0 0.0 0.0 0.0 430.3 0.0 0.0 0.0 877.4 0.0 Green 14.5 0.0 0.0 0.0 0.4 0,0 0.0 0.0 0.0 0,0 14.9 0.0 EL CAJON Mixed 0.0 0.0 0.0 0.0 16.7 0.0 1,315.8 0.1 0.0 0.0 1,332.3 0.0 Gr_ 0.4 0.0 0.0 0.0 0.0 0.0 84.8 0.0 0.0 0.0 85.2 0.0 ENCINITAS Mixed 5,004,8 0.1 0.0 0.0 0.0 0.0 7,7 0.0 0.0 0.0 5,012.3 0.1 Green 134.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 134.4 0.0 ESCONDIDO Mixed 1,537.8 0.0 0.0 0.0 0.7 0.0 156.1 0.0 0.0 0.0 1,696.8 0.0 Green 91,1 0.0 0.4 0.0 0.0 0.0 8.8 0.0 0,0 0.0 100.3 0.0 IMPERIAL BEACH Mixed 0.0 0.0 0.0 0.0 1,157.7 0.0 0.0 0.0 0.0 0.0 1,157,7 0,0 Green 0.0 0,0 0.0 0.0 8.0 0.0 0.0 0,0 0.0 0.0 8.0 0,0 LA MESA Mixed 0.0 0.0 0.0 0.0 227.1 0.0 3,483.8 0.2 0.0 0.0 3,710.9 0.0 Green 0.0 0.0 0.0 0.0 1.1 0.0 54.5 0.0 0.0 0,0 55,8 0.0 LEMON GROVE Mixed 0.0 0.0 0.0 0.0 831.8 0.0 766.5 0.0 0.0 0.0 1,598.3 0.0 Green 0.0 0.0 0.0 0.0 7.5 0.0 10.3 0.0 0.0 0.0 17.8 0.0 NATIONAL CITY Mixed 0.0 0.0 0.0 0.0 3,708.7 0.1 1.1 0.0 0.0 0.0 3,709.8 00 Green 0.0 0.0 0.0 0.0 45.4 0.0 0.0 0.0 0.0 0.0 45.4 0.0 OCEANSIDE Mixed 1,001.2 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 1,008.2 0.0 Green 19.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19.7 00 POWAY Mixed 789.4 0.0 504.3 0.2 0.6 0.0 1,355.4 0.1 0.0 0.0 2,649.7 0.0 Green 1.5 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0,0 0.0 2,3 0.0 SAN DIEGO Mixed 635.2 0.0 56.7 0.0 6,845.4 0.3 1,321.0 0.1 0.0 0.0 9,056.3 0.1 Green 3.3 0.0 0.0 0.0 218.9 0.0 47.1 0.0 0.0 0.0 289.3 0,0 SAN MARCOS Mixed 4,984.0 0,1 0.0 0.0 0.0 0.0 5.0 0.0 0,0 0.0 4,989.0 0,1 Green 151.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 151.8 0.0 SANTEE Mixed 0.0 0.0 0.0 0.0 0.0 0.0 2,017.9 0.1 0.0 0.0 2,017.9 0.0 Green 0.0 0.0 0.0 0.0 0.4 0.0 92.9 0.0 0.0 0.0 93.3 0.0 SOLANA BEACH Mixed 1,073.3 0.0 0.0 0.0 0.0 0.0 20.3 0.0 0.0 0.0 1,093.6 00 Green 9.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.0 0.0 VISTA Mixed 6,036.0 0.2 0.0 0.0 0.0 0.0 6.4 0.0 0.0 0.0 6,042.4 0.1 Green 114.7 0.0 0.0 0.0 0.0 0.0 0.4 0.0 0.0 0.0 115.1 00 OTHER COUNTY Mixed 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Green 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 MEXICO Mixed 0.0 0.0 0.0 0.0 106.7 0.0 0.0 0.0 0.0 0.0 106.7 0.0 Green 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 NO CITY Mixed 0.4 0.0 0.0 0.0 1.7 0.0 0.0 0.0 0.0 0.0 2.1 0.0 Green 0.0 0.0 0.0 0.0 0.4 0.0 0.0 0.0 0.0 0.0 0.4 0.0 Jur. Mixed 37,810.1 98.0% 3,143.2 98.4% 26,722.1 97,7% 20,659.1 96.9% 189.8 70.5% 88,524.3 97.5% JUr. Green 781.9 2.0% 118.5 3.6% 621.6 2.3% 852.8 3.1% 79.5 29.5% 2,254.3 2.5% Total Jur. Tons 38,592.0 100.0% 3,261.7 100.0% 27,343.7 100.0% 21,311.9 100.0% 269.3 100.0% 90,778,6 100.0% /.2/ ?