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HomeMy WebLinkAboutAgenda Packet 1996/04/23 Tuesday, April 23, 1996 6:00 p.m. "I dec!are !:mder peM'ity 01 perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and th.,>t I posted this Agenda/Notice on the Bulletin B~aid at the Public rvices Building and at City Hall on DATED~ r; SIGNED 6f.~'" Rel!Ular Meetinl.! of the City of Chula Vista City Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: April 16, 1996 (City Council Meeting). 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the week of May 5 through May 11, 1996 as "Municipal Clerks Week." The proclamation will be presented by Mayor Horton to Carla Griffin, Administrative Secretary, City Clerk's Office. ***** 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 /0) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn 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 Council met in Closed Session on 4/16/96 to discuss anticipated litigation in the Tiger Development Two bankruptcy under Government Code Section 54956.9 and authorized the City Attorney to institute a motion for Relief from Stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief; Council discussed the purchase of property of R.E. Hazard Contracting Company at 1855 Maxwell Road, Chula Vista, California and no action was taken. Council discussed existing litigation involving SNMB, L.P. vs. City of Chula Vista under Government Code Section 54956.9 and no action was taken. It is recommended that the letter be received and filed. b. Letter of resignation from Ann McFarlin - Southwest Project Area Committee. 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- April 23, 1996 c. Letter of resignation from Martin Altbawn - Town Centre Project Area Committee. 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. 6. RESOLUTION 18267 7. RESOLUTION 18268 8. RESOLUTION 18269 9. RESOLUTION 18270 10. RESOLUTION 18271 AMENDING THE EXISTING AGREEMENT WITH OTA YRANCH, L.P., AND REMY, THOMAS AND MOOSE TO AUTHORIZE $50,000 IN ADDITIONAL SERVICES TO REVIEW ENVIRONMENTAL DOCUMENTS AND PROVIDE LEGAL ADVICE TO CITY STAFF, WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT - The amendment is to retain the legal firm to review environmental documents for the Sphere of Influence and Annexation Application, SPA Plans and supporting studies required by the General Development Plan, to provide processing guidance of all supporting documents to assure compliance with CEQA and avoid litigation predicated upon alleged deficiencies in environmental documents or improper processing of the documents for the Otay Ranch Project. Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch Project) APPROVING A CONTRACT WITH THE CITY OF ESCONDIDO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND APPROPRIATING $700 FROM UNANTICIPATED CONTRACT REVENUES - The Cities of Coronado and Imperial Beach currently contract with Chula Vista for parking citation processing services. The City of Escondido has requested the same services effective April, 1996. Staff recommends approval of the resolution. (Director of Finance) 4/5th's vote required. AMENDING THE CITYWIDE RECORDS MANAGEMENT PROGRAM TO PERMIT THE DESTRUCTION OF DISCIPLINARY RECORDS AUTHORIZED FOR REMOVAL UNDER PREVIOUS LABOR AGREEMENTS - The City's Records Management Program adopted on 8/2/94, provides that no records of employee discipline be destroyed. However, that provision did not take into account MOUs that provided for destruction of records. Staff recommends approval of the resolution. (Director of Personnel and City Clerk) AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 25, 1996, FOR AN ORGANIZED MARCH SPONSORED BY A LOCAL COMMITTEE OF THE NATIONAL MARCH FOR JESUS ORGANIZATION - The South Bay Pastoral Steering Committee of the National March for Jesus organization is requesting permission to conduct an organized March for Jesus on Saturday, 5/25/96, from 9:00 a.m. to approximately 12:00 noon and anticipate approximately 4,000 participants. Marchers and vehicles would start on "K" Street, west of Fourth Avenue, proceed north on Fourth A venue, then east on Park Way. The march would end with an hour long celebration in Memorial Bowl. Staff recommends approval of the resolution. (Chief of Police and Director of Parks and Recreation) ORDERING THE SUMMARY VACATION OF CERTAIN SEWER EASEMENTS THROUGH LOT 55 AND LOT D OF MAP 9125, TRACT NUMBER 77-09, CASA DEL REV - Rancho Del Rey Investors, L.P., has requested vacation of a sewer easement traversing two lots within the Casa Del Rey Subdivision. The easements have a public sewer within them which are being abandoned in place after realignment of the sewer main. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * Agenda -3- April 23, 1996 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowing 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 recommendiltion; complete the pink form to speak in opposition to the staff recommendiltion.) Comments are limited to five minutes per individual. 11. PUBLIC HEARING REVIEWING AND CONSIDERING THE ADOPTION OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN - Staff recommends the DubHc hearilU! be continued to the meetilU! of 5/7/96. (Conservation Coordinator) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agendil for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agendil.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" 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. 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 agendil 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 staffrecommendiltions 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. 12. ORDINANCE 2670 AMENDING TITLE 10 OF THE MUNICIPAL CODE (VEmCLES AND TRAFFIC) AS REQUIRED TO IMPLEMENT A RECENT CITY COUNCIL POLICY FOR DELEGATING ADDITIONAL AUTHORITY IN IMPLEMENTING TRAFFIC CONTROL MEASURES TO THE CITY ENGINEER WITH THE CONCURRENCE OF THE SAFETY COMMISSION (first readin!!) - On 3/14/95, Council approved a Council Policy granting additional authority to the City Engineer and the Safety Commission on implementing Traffic Regulations. Council direction was for staff to revise the Municipal Code to accommodate implementation of the policy and the procedures established in it. Staff recommends Council place the ordinance on first reading. (Director of Public Works) Agenda -4- April 23, 1996 13. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT ON CITY- OWNED PROPERTY - On 11/15/94, Council directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises to develop the proposed hotel located on the 4400 block of Bonita Road adjacent to the Chula Vista Municipal Golf Course. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 4/16/96. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council wiU discuss items which have been removed from the Consent Calendilr. Agendil items puUed at the request of the public will be considered prior to those puUed by Councibnembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 14. CITY MANAGER'S REPORTlS) a. Scheduling of meetings. 15. MAYOR'S REPORTlS) a. Current City Council Committee assignments. Continued from the meeting of 4/16/96. 16. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a Special Joint Meeting/Workshop of the City Council/Planning Commission/Growth Management Oversight Commission on Thursday, April 25, 1996 at 6:30 p.m. in the Council Conference Room, Administration Building, thence to a Special Joint Meeting/Workshop of the City Council/Otay Ranch Project on Tuesday, April 30, 1996 at 6:00 p.m. in Conference Rooms 2 and 3, Public Services Building, and thence to the Regular City Council Meeting on May 7, 1996 at 4:00 p.m. in the City Council Chambers. ;f Agenda -5- April 23, 1996 ***** CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the foUowing items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken 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 JiI1gJ 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. 17. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.9 · City-owned property, "F" and Woodlawn, City Corporate Yard site, Parcel Number 56703127, purchasers "E" Street Trolley Square, LLC. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** April 18, 1996 TO: The Honorable Mayor and City counc~,~, John D. Goss, City ManagerJ~ ,t4Yj City Council Meeting of April 23, 1996 FROM: SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, April 23, 1996. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that the City Council met in Closed Session on April 16, 1996 to discuss anticipated litigation in the Tiger Development Two bankruptcy under Government Code Section 54956.9 and authorized the City Attorney to institute a motion for Relief from Stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief i the City Council discussed the purchase of property of R.E. Hazard Contracting Company at 1855 Maxwell Road, Chula Vista, California and no action was taken. The Council discussed existing litigation involving SNMB, L.P. vs. City of Chula Vista under Government Code 54956.9 and no action was taken. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. IT IS RECOMMENDED THAT ANN McFARLIN'S RESIGNATION FROM THE SOUTHWEST PROJECT AREA COMMITTEE 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. 5c. IT IS RECOMMENDED THAT MARTIN ALTBAUM'S RESIGNATION FROM THE TOWN CENTRE PROJECT AREA COMMITTEE 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. PROCLAIMING THE WEEK OF MAY 5 THROUGH MAY 11,1996 AS MUNICIPAL CLERK'S WEEK IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, the office of the Municipal Clerk, the oldest among public servants, is a time honored and vital part of local government exists throughout the world; and WHEREAS, the office of the Municipal Clerk provides a professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, the Municipal Clerk has pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, the Municipal Clerk continually strives to improve the administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meeting of their state, province, county and international professional organizations: NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista, California, proclaim the week of May 5 through May 11, 1996, as MUNICIPAL CLERKS WEEK and further extend appreciation to our Municipal Clerk, her staff, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. LJ~ -- / 1- ~ ~ ft.. Z~~ ~~~~ ---- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: April 18, 1996 The Honorable Mayor and City cout1i~ Bruce M. Boogaard, City Attorney()~ Report Regarding Actions Taken in Closed Session for the Meeting of 4/16/96 To: From: Re: The City Council met in Closed Session to discuss anticipated litigation in the Tiger Development Two bankruptcy under Government Code Section 54956.9 and authorized the City Attorney to institute a motion for Relief from Stay in order to process SPA approvals unless Baldwin secures, on their own initiative, said relief; the City Council discussed the purchase of property of R.E. Hazard Contracting Company at 1855 Maxwell Road, Chula Vista, California and no action was taken. The Council discussed existing litigation involving SNMB, L.P. vs. City of Chula Vista under Government Code 54956.9 and no action was taken. BMB:cap c: \1t\clossed. no ~-/ 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 'f/-; Po5I~RoqdedP~ DATE: April 15, 1996 TO: Beverly A. Authelet, City Clerk Vicki Soderquist, Deputy City Clerk~ FROM: SUBJECT: Committee Resignation When Dr. Ann Jennette McFarlin returned her Annual Statement of Economic Interest - Form 730 she requested that her resignation be submitted for the Southwest Project Area Committee. A copy of her note is attached. oK. y b ,- WRITTEN Lc'21 ~ (t/) 'j)Y ~a;j; ., ~ r' !'i') \...,..\0... i"- n'1lItollONS ,.~ ~.J:\..,. J:""i~ ~l fl'!;i;o"A i',,{ t1f~~;\ \. . ~l'=' !~;''6..'./~Q V II ~ Ii .~~ y<. 1/j.v/J f; ~b-/ 'j '. ..1 -, ~Jft, ~~ ~~ ----- -\-~~[.:, i \ ",'! r-- NlR \ \ (16 \ \ ___,I 1_._-- ~- rJ #/J tU (0' '\ , ~ \ ~'~ .pt \ n f\l. l~ U;{~ .,1 (i TO: Ann MoF,din. Soo'ow", PAC \ J .I'v X)r f.tY \1 FROM: Bevedy A. Aothelot. C;'y CI,,' ~~ f\ \eo. ~CrfY/ \~ ~ SUBJECT: Filing nf Annual Slatoment of Eoonom;, Inte'"'' L \ 0 t\) ~\ a ~ ~ I In compl.i~nce with Stat~ Government Code Sec~ion 87300 and ~he CI~ula Vistu Mun~cipal co~ sec~: 2.02.020, f,(J~ your posItion as a "DesIgnated Employee" requires thi:: compldlOn of u Statement (It Economic Interests (1995-96 , / ' Form 730 is enclosed). \ CITY OF (HULA VISTA \ , -.....---"'....---...,... ...... ..-....~..."..- OFFICE OF THE CITY CLERK DATE: January 29, 1996 It has been determined that you make or participate in making decisions which foreseeably may have a material effect on financial interests, therefore, you are ri::quired to till out the following categories: (Your Disclosure Categories are 3 and 7) CATEGORY 1: Investments (A, C-2) and sourCi::S of Ineonw (D.E,F.H-I.H-2,H-3). CATEGORY 2: Interests in real property (B,C-l). (You need only disclose reul property which is located in whole or in part within or not more than two mi les outside the boundaries of the City or within two miles of any land owned or used by the City). CATEGORY 3: Investments (A,C-2), interests in reHI nrorertv (B,C-l), and sources of income (D,E,F,H-l.H- 2,H-3) su~ject to the regulatory. p<;,rmit. or lil~<;,nsing authority of the d<;,partment. (You need only disclose investments in husincss entitl'~S and sOl/rces of income which do husiness in the City of Chula Vista, plans to do husiness in the City, or has done husiness in the City within the past two years. In addition to other activities, a business entity is doing husiness within the City if it owns real property within the City). CATEGORY 4: Investments (A,C-2) in husiness entitll~s and sourCi::S of income (D,E,F,H-I,H-2,H-3) which engage in land development, construction, or the al~quisition or sali:: of real property. CATEGORY 5: Investments (A.C-2) in husiness entities and sources of income (D,E,F,!-l-l ,H-2,H-3) of the type which. within the past two Yi::ars, havi:: contract<;,d with the City of Chula Vista (Redevelopment Agency) to provide services, stlppl ii::s, materials, machinery, or equipment. CATEGORY 6: Investments (A,C-2) in husiness entitles and sources of income (D, E,F .H-I ,!-l-2, H-3) of the type which, within the past tow Yi::ars. have <:ontractcd with the di::signated employee's department to provide services, supplies, makrials, machin<;,ry, or .:qlllplllent. CATEGORY 7: Busini::ss positions (G). (You need only diselo".: pO:iltions of dlri::l.:tor, oftlcer. partner, trustee, employee, or any position of managem<;,nt in organization,., or enterprises operated for protit). Your annual statement must he liIed in the Cit\ Cll'rk's OITil'c hv Monday, April I, 1996 hv 5:00 p.m. Failure to file your Statement by the tiling deadline may result in penalties including hut not limited to $10.00 per day or a maximum of $100.00. If you have a prol1l<;'111 l11t:ding thi:: dt:'adline, pl<;'ase let our office know. Please contact my office if you have any lluestions. Enclosure: Form 730 & Instructions Manual ~-~ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-50,1' RECEIVED "96 APR 16 P2 :38 IF LA VIST/~ It 'S 0rF'lfif MEMORANDUM April 16, 1996 TO: Vicky Soderquiest, Deputy City Clerk FROM: Miguel Z. Tapia, Community Development Specialist H Z~ SUBJECT: Resignation from Mr. Martin Altbaum The Community Development Department has received a letter of resignation from Mr. Martin Altbaum, former member of the Town Centre Project Area Committee. He recently moved his business (Coin Mart) from 255 Third Avenue to the building at the comer of Fourth Avenue and E Street (which is located outside of the Town Centre I area). Consequently, he no longer qualifies as a member of that committee. I am hereby forwarding Mr. Altbaum's letter of resignation so that it can be forwarded to the City Council and the seat can be declared vacant. If you have any questions, please call me a Extension 5291. L- c::- : .1 . ?;1~('i) . aiZf. WRmEN CO^~~~U'N'ICA TIONS r fn/7t: 5C-j Coin Ma,JtECEIVED Jewelry 396 E Stre~ APR 16 P2 :38 Chula Vista, CA 91910 Telephone (619) ........ ....l-..~. ...... OW. LA. VIS i.. Fax (619) 422metMK'$ ~fFICf April 1, 1996 Miguel Tapia, City of Chula Vista Dear Mr. Tapia, I have moved my business to 4th & E Street and no longer qualify to be a board member of the Town Center Planning Area Committee. Please consider this my letter of resignation. Yours Sincerely, ~lJJ~it/ ~ktn{ Martin Altbaum Owner Coin Man Jewelry sG-;< Fine Jewelry Appraisals Jewelry Repair Gold Coins Diamond Setting COUNCIL AGENDA STATEMENT Item No: t Meeting Date: April 23. 1996 ITEM TITLE: Resolution /~;l. (,7 Amending the Existing Agreement Between the City of Chula Vista, Baldwin Builders & Village Development, and Remy, Thomas & Moose to authorize $50,000 in additional services to review environmental documents and provide legal advice to City staff, Waiving the Consultant Selection Process and Authorizing the Mayor to Execute Said Amendment. SUBMITrED BY: Special Plann~g ~oject~age, REVIEWED BY: City Manage~ '1)~ (4/5ths Vote: Yes--.No.1l) The City Council, on July 19, 1994 and May 16, 1995, approved a Three Party Agreement to retain the legal firm of Remy, Thomas & Moose. This agreement required their review of all environmental documents for the Sphere of Influence and Annexation Application, Sectional Planning Area (SPA) Plans and supporting studies required by the General Development Plan. This review was necessary to assure compliance with CEQA and to avoid litigation predicated upon alleged deficiencies in environmental documents for the Otay Ranch Project. Each Agreement contained a not-to-exceed amount of $25,000. To maintain continuity, it is recommended that the firm of Remy, Thomas & Moose continue to be retained to review environmental documents for the Sphere of Influence Study and application, Annexation Study and LAFCO application and SPA Plan. RECOMMENDATION: Adopt a resolution amending the Existing Agreement between the City of Chula Vista, Baldwin Builders & Village Development, and Remy, Thomas & Moose to authorize $50,000 in additional services to review environmental documents and provide legal advice to City staff, Waiving the Consultant Selection Process and Authorizing the Mayor to Execute Said Amendment. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The City desires to continue to employ a law firm with expertise and experience in reviewing environmental documents for compliance with the State and City guidelines and procedures of CEQA in reference to the Otay Ranch Project SPA One Plans and related reports, Sphere and Annexation Studies and the preparation of additional Environmental Impact Reports for those studies. The First Amendment contained a not-to-exceed amount of $25,000.00. Remy, Thomas & R&T1l3A4.doc 4/18f.)6 b-! Page 2, Item No: ? Meeting Date: April 23. 1996 Moose has provided legal support on the Otay Ranch Project since its beginning in November 1991 in such areas as Environment Impact Report and General Development Plan preparation and review. In Fiscal Year 1993-94, the firm received $95,198.44 to process environmental documents related to the General Development Plan, and during Fiscal Year 1994-95 an amount of $15,783.30 for the Sphere of Influence Environmental Impact Report. During Fiscal Year 1995-96 an amount of $39,818.09 for the SPA Environmental Impact Report will have been spent. On January 18, 1994, the City Council retained Remy, Thomas & Moose services to represent the City in litigation filed against the City of Chula Vista and the Otay Ranch Project. During Fiscal Years 1993-95 the firm received $472,351.53 for litigation services. Remy, Thomas & Moose offers special CEQA and litigation expertise that is not available in-house. All costs have been the responsibility of Otay Ranch L.P. The current Agreement with Remy, Thomas & Moose authorized by Council on May 16, 1995, specified a maximum limit of $25,000.00 to perform the legal environmental services on an as-needed basis. The recommended amendment requires similar legal services for a grand total not-to-exceed figure of $125,000.00 without further authorization of Council. Representatives of Baldwin Builders & Village Development have agreed with this amount, and the Amendment is ready for Council authorization. The current work program anticipates completion of the SPA One and Annexation Study in the summer of 1996. FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. Baldwin Builders & Village Development will be funding the amended scope-of-work ($50,000) through their Agreement and monthly deposit to the Otay Ranch trust account. Attachments: Resolution No. 18223 "'l'.~~ Three Party Agreement ~O~~ R&T1l3A4.doc 4jlf>/.J6 b--2 ...- RESOLUTION NO. /~e::<t? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN BUILDERS & VILLAGE DEVELOPMENT, AND REMY, THOMAS & MOOSE TO AUTHORIZE $50,000 IN ADDITIONAL SERVICES TO REVIEW ENVIRONMENTAL DOCUMENTS AND PROVIDE LEGAL ADVICE TO CITY STAFF, WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, the City Council, on July 19, 1994 and May 16, 1995, approved a Three Party Agreement to retain the legal firm of Remy, Thomas & Moose; and WHEREAS, said Agreement required their review of all environmental documents for the Sphere of Influence and Annexation Application, Sectional Planning Area (SPA) Plans and supporting studies required by the General Development Plan; and WHEREAS, this review was necessary to assure compliance with CEQA and to avoid litigation predicted upon alleged deficiencies in environmental documents for the Otay Ranch Project; and WHEREAS, each Agreement contained a not-to-exceed amount of $25,000; and WHEREAS, to maintain continuity, it is recommended that the firm of Remy, Thomas & Moore continue to be retained to review environmental documents for the Sphere of Influence Study and application, Annexation Study and LAFCO application and SPA Plan. NOW, THEREFORE, BE IT RESOLVED the City Council of the ci ty of Chula Vista does hereby waive the Consultant Selection Process and amend the Existing Agreement between the City of Chula Vista, Baldwin Builders & Village Development, and Remy, Thomas & Moose to authorize $50,000 in additional services to review environmental documents and provide legal advice to City staff. 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 C la Vi Presented by Gerald Jamriska, Special Planning Projects Manager Otay Ranch Project c: \ rs\ ruy3 6~3 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 4/23/96 Resolution /S'":1...t>[F' Approving a Contract with the City of Escondido to provide Parking citation Processing Services and appropriating $700 from unanticipated contract revenues. :::;C:::a::~~a~~s vote: YeS-X-No___) The City of Chula vista currently has a contract to provide parking citation processing services to the cities of Coronado and Imperial Beach. The ci ty of Escondido has requested that Chula vista provide these services for Escondido effective April, 1996. This contract will be beneficial to both Cities as it will provide Escondido with reliable and high quality service and enable Chula Vista to recover some of its fixed overhead costs for processing parking citations. During the term of the contract, Chula vista should receive a minimum of $725 per month in General Fund revenue while incurring an additional $300 in expenditures. Escondido staff have substantively agreed to the terms of this contract which is to be signed by the Escondido City Manager. ITEM TITLE: SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That the City Council adopt the Resolution to enter into a contract with Escondido to provide Escondido with parking processing services and appropriate $700 from unanticipated contract revenues. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: As the second largest city in the county, local cities and agencies currently contract with us for a variety of services. This arrangement is beneficial to all parties involved. By pooling our resources together, everyone achieves higher or equivalent levels of service at a lower cost than would be possible individually. The City of Chula Vista currently provides parking citation processing services to Coronado and Imperial Beach. Escondido has expressed an interest in obtaining these services from Chula Vista, as both Escondido and the City of Oceanside (with whom Escondido is currently contracting with) wish to cancel their contract due to service issues. Entering into this contract with Escondido would ?--J Item 7 Page-L Meeting Date 4/23/96 benefit the City of Chula Vista as it would bring in a minimum of $8700 in additional general fund revenue per year while only increasing general fund expenditures for supplies and services by a maximum of $3600. This is possible because, after budgeting for all direct expenditures associated with the contract, the City also recovers all indirect costs for providing the services. This contract provides that Chula Vista staff maintain the parking ci tation data base, including data entry of issued and paid citations, generating informational reports, communicating with DMV via tape, processing payments and answering payment questions from citizens. As Chula Vista currently does all these things for ourselves plus two other cities, no additional training or start up time is required to begin service. The contract stipulates that Escondido pay Chula Vista $1.25 per citation issued. This price was calculated based on the full cost of providing these services (at full cost recovery) on a per citation basis. Escondido currently issues approximately 500 citations monthly, so monthly revenue will be $625. It is requested that $200 of this monthly revenue be allocated to Data Processing to use for obtaining temporary data entry staff, as needed, during peak workload periods (e.g., business license renewal period) or for vacation coverage. In the contract, Chula vista also agrees to print and mail Escondido's notices of violation. The full cost for printing and mailing each notice is $0.50. Based on the estimate of 200 mailers needed monthly, revenues should be $1200 annually, and expenditures should be budgeted at $1200 annually ($736.80 in postage and $463.20 in printing). since the volume of mailers needed is harder to estimate, this portion of the contract was designed so revenue and expenditures will cancel out regardless of volume. If this contract is approved both the revenues and expenditures associated with this contract will be included in the FY 97 budget proposal. FISCAL IXPACT If approved, this contract will generate between $1875-$3000 in unanticipated general fund revenue for the remainder of FY 96. Staff is requesting that $700 of this revenue be appropriated to the following supply and service accounts for expenditures needed to provide two months of data entry support and three months of mailers which is necessary to meet these contract provisions: $400 in 100-0213-5201, $184.20 in 100-0480-5218, $115.80 in 100-0480- 5212. On an annualized basis this contract should generate $5100 in additional general fund revenue over budgeted expenditures. The revenue generated from this contract is sufficient to recover all direct costs as well as indirect costs for providing these services. 7~.2 RESOLUTION NO. /8"'.2..lPlT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH THE CITY OF ESCONDIDO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND APPROPRIATING $700 FROM UNANTICIPATED CONTRACT REVENUES. WHEREAS, the Finance Department has been providing the City of Imperial Beach and City of Coronado with parking citation processing services. The City of Escondido has requested that Chula Vista provide these services for Escondido effective April, 1996; and WHEREAS, this contract will be beneficial to both Cities as it will provide Escondido with reliable and high quality service and enable Chula vista to recover some of its fixed overhead costs for processing parking citations; and WHEREAS, this contract will generate between $1875-$3000 in unanticipated general fund revenue for the remainder of FY 96. Staff is requesting that $700 of this revenue be appropriated to the specific supply and service accounts for expenditures needed to provide two months of data entry support and three months of mailers which is necessary to meet these contract provisions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Contract with the City of Escondido to provide Parking citation Proce,ssing Services and appropriate $700 from unanticipated contract revenues. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Robert Powell, Director of Finance C:\rs\parkcit.agr 7~3 /7-'1 AGREEMENT FOR PARKING CITATION PROCESSING SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF ESCONDIDO THIS AGREEMENT, made this 1st day of April 1996 for the purposes of reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("CV"), and THE CITY OF ESCONDIDO, a general law city of the State of California ("Escondido"), and is made with reference to the following facts: WHEREAS, CV has a full service parking citation processing program in place which can provide Escondido with all needed services and reports; and, WHEREAS, Escondido does not have a parking citation processing program and desires that CV now provide parking citation processing services as herein specified. NOW, THEREFORE, in consideration of their mutual promises the Parties agree as follows: I. CV's DUTIES CV shall provide parking citation processing services to Escondido as specifically provided herein below: A. Maintain and update citation data base which includes: Input all information from issued citations within an average of two working days from receipt and a maximum of four working days; recording citations as paid on the data base within two working days of receipt; matching data base with DMV tapes electronically a minimum of twice monthly; aging citations properly based on Escondido instruction and changing citation amounts as instructed by Escondido; input information on dismissal and hearing requests and dispositions within 24 hours of written notification B. Process payments and other collection activities as needed which includes: Receiving payments by mail and in person and ensuring that payment is correct amount; reconciliation of citations to cash/checks received; placement of cash/checks in a deposit bag and securing same in a vault while awaiting pick up by an Escondido designated courier; notification to out-of-state violators who received citations while driving rental cars; offering payment plans when necessary to avoid hearing or court costs; bi-monthly mailing of notice of parking violation to those addresses obtained through DMV match of license plate and vehicle make; instructing DMV to place a hold on registration for unpaid violations. I f: \e8ccootl Escondido - CV Parking Citation Agreement Page 1 7-S- " '1 Ie J C. Handle citizen inquiries and problem resolution which includes: Having a dedicated phone line to provide Escondido parking violators with specific information as needed to address their concerns regarding requests for dismissal, registration holds, payment plans, citation status and provide abstracts for DMV submission as needed. D. Provide Escondido with reports including: monthly status reports showing the number of citations issued, the number of citations paid and the amount of money collected, providing a weekly printout of multiple offenders by license plate number. E. Provide Escondido with staff support via telephone/fax for any inquiry/update needs. ll. A V AILABILITY OF SERVICE The foregoing services rendered by CV shall be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., holidays recognized by CV excluded. ID. ESCONDIDO'S DUTIES A. Payment for Services Escondido agrees to pay $1.25 per each new citation issued by Escondido and entered by CV. In addition, Escondido agrees to pay $0.50 per parking mailer sent by CV. A reduced rate will be negotiated for citations already entered on an automated system that are unpaid at the start of the contract and must be placed on the data base. Escondido agrees to pay $40 per hour for computer programming for one time data base conversion costs if needed and special requests. If Escondido chooses to have on line access, Escondido agrees to reimburse Chula Vista for the actual cost associated with installation and monthly communication charges. If Escondido does not wish to contract for on line access, Escondido agrees to pay $50 per month to cover posting of dismissal and hearing requests and dispositions as well as the additional phone support for the increased number of inquiries on citations. Payment for all services provided shall be billed monthly for the previous month's activity. Payment is due 30 days from date of invoice. B. Agreement to Provide Information in a Ready to Enter Form (e.g., numbers and letters should be legible and written in common form). c. ResJX,>nsible for maintaining hard copies of citations. D. Agreement to designate one staff person to answer basic questions or provide direction on an as needed basis to CV. f: \esccontl Escondido - CV Parking Citation Agreement Page 2 ')-~ E. Responsible for pick up, delivery and safekeeping of citations and cash/checks to and from CV a minimum of two times weekly during working hours. F. Remit surcharges to the County and pay for DMV services. G. Inform CV of any changes in citation amounts, aging or other factors which would affect service provided under this contract. H. Make decisions on violators' requests for dismissal and provide CV with written notification of dismissal and administrative hearing requests and dispositions a minimum of twice weekly. IV. TERM AND CANCELLATION RIGHTS A. Term. The provisions of this Agreement shall remain in force and effect for an indefinite term subject to cancellation or termination as herein provided. B. Annual Review. The provisions of this Agreement shall be subject to an annual review on or about the anniversary of this Agreement by the Parties and is subject to termination thirty (30) days thereafter by either Party, for any reason, based upon this review. C. Termination of Aereement Termination of Agreement for Convenience Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least 60 days before the effective date of such termination. If the Agreement is terminated by Escondido as provided for in this paragraph, CV shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination of Aereement for Cause. If, through any cause, either Party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any its covenants, agreements or conditions of their Agreement, the Parties shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least 5 days before the effective date of such termination. If the Agreement is terminated by Escondido as provided for in the paragraph, CV shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination or Renegotiation Due to Legislative Mandates In the event of a mandate by state law or other unforeseeable event that would increase CV's cost of providing the services set forth above, CV may terminate immediately or f: \eaccootl Escondido - CV Parking Citation Agreement Page 3 7-7 \ /,.,1. 1 request a renegotiation of the fees and/or duties established in this contract. If an agreement cannot be reached, either party shall reserve the right to cancel this contract as of the effective date of the state mandate, even if 60 days has not transpired. Orderly Transfer of Data Upon Termination of Agreement Upon termination of this agreement for any reason, CV shall not be responsible for the retention and processing of Escondido' s data files for a period in excess of ninety (90) days following notification of such termination. During that period of time CV agrees to cooperate and assist Escondido with the orderly transmission of Escondido data to whatever point of delivery designated by Escondido. V. LIABll..ITY PROVISIONS Hold Harmless. Escondido agrees to hold harmless and defend any legal action commenced against CV caused directly or indirectly by wrongful or negligent acts of Escondido's officers, employees, agents, or others engaged by Escondido and to indemnify CV against any liability, loss, cost or damages, including attorney's fees resulting therefrom. CV agrees to hold harmless and defend any legal action commenced against Escondido caused directly or indirectly by wrongful or negligent acts of CV's officers, employees, agents, or others engaged by CV and to indemnify Escondido against any liability, loss, cost or damages, including attorney's fees resulting therefrom. VI. NOTICES AND DESIGNATION OF ADMINISTRATOR A. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or his/her designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter by given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. B. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: City of Chula Vista: Revenue Manager 276 Fourth A venue Chula Vista, CA 91910 City of Escondido: Director of Finance 201 N. Broadway Escondido, CA 92025 f: \eaccOlltl 7 or' g/ Escondido - CV Parking Citation Agreement Page 4 .-) VD. WAIVER A. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in the Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. vm. CONSTRUCTION A. Entire A~reement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agency of any Party that is not in writing and signed by all Parties shall be binding. B. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. C. Governin~ Law. This Agreement has been executed in and shall be governed by the laws of the State of California. D. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. E. Intet:pretation of A~reement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. F. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. G. Authority. CV and Escondido represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Effort and Cooperation. These Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. (end of page. next page is signature page.) f: \eaceootl 7 ~7 Escondido - CV Parking Citation Agreement Page 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove set forth. CITY OF CHULA VISTA CITY OF ESCONDIDO Mayor, City of Chula Vista Date Chief of Police, City of Escondido Date ATTEST: ATTEST: City Clerk City Clerk ORM BY: J; APPROVED AS TO FORM BY: City Attorney f:\esccontl 7~/O Escondido - CV Parking Citation Agreement Page 6 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 4/23/96 ITEM TITLE: Resolution / ?:<. (, 1 Amending the Citywide Records Management Program to Permit the Destruction of Disciplinary Records Authorized for Removal Under Previous Labor Agreements / SUBMITTED BY: Director of personnelLElr' REVIEWED BY: City Manage~ ~~\ (4/5Ihs Vole: Yes_NolO The City's Records Management Program adopted by Resolution 17577 on August 2, 1994, provides that no records of employee discipline be destroyed. However, that provision did not take into account MOUs that provided for destruction of records. RECOMMENDATION: That Council adopt the resolution amending the Citywide Records Management Program to permit the destruction of disciplinary records authorized for removal under previous labor agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The FY 92-93 MOU for IAFF provided for the destruction of certain discipline records at the end of three years. This MOU section was subsequently taken out of the agreement without addressing the transition from that policy to the subsequent policy which provided for no destruction of such documents. At issue have been several specific documents of discipline that were administered under an MOU providing for destruction and were not removed because that provision was subsequently deleted. It has been argued convincingly that the discipline was administered with the understanding by both parties that it would be removed and the same discipline may not have been given if that provision for destruction did not exist. To successfully deal with the existing issues, it is recommended (and supported by the City Attorney) that the appropriate section be amended as follows: Page 4-28, at Section 4.0 ("Filing System Guides"), Filing Category 0550 ("Labor Relations"), Subcategory - 30 ("Disciplinary Records") is hereby amended to add, after the words: "Disciplinary Actions.. .", the parenthetical expression: "(see endnote No.1)", so that, in its entirety, it would read as follows: ~-/ ,. , // Page 2, Item 0 Meeting Date 4/23/96 " -30 Disciplinary Actions (see Endnote No.1) . . . . . . .Pers . . . . .P" Section 2. The City's Citywide Records Management Program, on file in the Office of the City Clerk, and adopted by Resolution No. 17577 on August 2, 1994, is hereby amended, on page 4-589, at the end of Section 4.0 ("Filing System Guides:), the following Endnote No.1: "1 . Records of Discipline contained in an employees personnel file which were issued to an employee covered by a labor agreement (e.g., MOU) at a time when said labor agreement provided that records of discipline would be removed from the personnel records of such covered employees, shall be removed and destroyed pursuant to the provisions of said MOU notwithstanding the records retention period herein designated, and notwithstanding the subsequent amendment of the MOU. (Cross Reference Page 4-28, Section 4.0 ("Filing System Guides"), Filing Category 0550 ("Labor Relations"), Subcategory -30 ("Disciplinary Records")" FISCAL IMPACT: This is not a fiscal issue, however, staff time at many levels may be saved by not having to address employee issues in this area. pars. 14 g' ;' ;( I Y;2.t Cj RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE CITYWIDE RECORDS MANAGEMENT PROGRAM TO PERMIT THE DESTRUCTION OF DISCIPLINARY RECORDS AUTHORIZED FOR REMOVAL UNDER PREVIOUS LABOR AGREEMENTS. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City's Citywide Records Management Program, on file in the Office of the City Clerk, and adopted by Resolution No. on , is hereby amended, on page 4-28, at Section 4"':()("Filing System Guides"), Filing Category 0550 ("Labor Rela- tions"), Subcategory -30 ("Disciplinary Records") to add, after the words: "Disciplinary Actions. . .", the parenthetical expression: "(see Endnote No. I)", so that, in its entirety, it would read as follows: " -30 Disciplinary Actions (see Endnote No.1). . . . . . . . .Pers . . . . . . .P" Section 2. The City's Citywide Records Management Program, on file in the Office of the City Clerk, and adopted by Resolution No. on , is hereby amended, on page 4-58, at the end of Section 4.0 ("Filing System Guides"), the following Endnote No. 1: "1. Records of discipline contained in an employee's personnel file which were issued to an employee covered by a labor agreement (e.g. ,MOD) at a time when said labor agreement provided that records of discipline would be removed from the personnel records of such covered employees, shall be removed and destroyed pursuant to the provisions of said MOD notwithstanding the records retention period herein designated, and notwithstanding the subsequent amendment of the MOD. (Cross Reference Page 4-28, Section 4.0 ("Filing System Guides"), Filing Category 0550 ("Labor Relations"), Subcategory -30 ("Disciplinary Records")" Section 3. The City Clerk is authorized and requested to keep an official codified version of the Citywide Records Management Program on file in the Office of the City Clerk, and to alter the numbering of the Endnote from time to time in such codified version to reflect its proper order. Section 4. It shall be the policy of the Council that henceforth, discipline or other records retention policies are deemed a management prerogative, and should not be made a part of labor negotiations and agreements without the express approval of such a provision by the city Council. 1 ~'3 1 r I Section 5. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by: Candy Emerson Personnel Director Beverly Authelet City Clerk 2 vr COUNCIL AGENDA STATEMENT ITEM TITLE: 1~.2./~ Resolution Authorizing temporary street closures on May 25, 1996 for an organized march sponsored by a local committee of the National March for Jesus organization. Chief of Police ~~ n Director of Parks & Rec~r~ City ManageUG! ~ ~ Item Meeting Date 04/23;/96 ~ SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes _ No ~ The South Bay Pastoral Steering Committee of the National March for Jesus organization is requesting permission to conduct an organized March for Jesus on May 25, 1996. The event is sponsored by March for Jesus, U.S.A. RECOMMENDATION: That Council approve the request subject to staff conditions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The South Bay Pastoral Steering Committee ofthe National March for Jesus organization (March for Jesus, U.S.A.) is requesting permission to conduct an organized March for Jesus on Saturday, May 25, 1996, from 9:00 a.m. to 11 :00 a.m. The march would be one of several that are being conducted around San Diego County, and one of more than 550 marches being conducted in cities around the United States. The sponsor anticipates that approximately 4,000 people would participate in the local march. The march would consist of participants on foot, and vehicles equipped with speakers to project musical and spoken messages to the marchers. Groups of approximately 200 marchers would follow each sound-equipped vehicle, and would participate in a prepared program of songs and proclamations that is being used throughout the United States at similar events. The sponsor would provide professional security to accompany each group of marchers, and each group would be marshalled by five group leaders. All groups would be in constant two-way radio communication with the March organizers. The sponsor successfully conducted a similar event in May of 1995, and envisions that this march will be an annual event. The proposed march route is along Fourth Avenue, beginning at "K" Street, and ending at Park Way. Marchers and vehicles would stage on "K" Street, west of Fourth, and would then proceed north on Fourth Avenue, then east on Park Way, and the march would end with an hour long celebration in Memorial Bowl. The sponsor is requesting a waiver of ordinance 2.66.185, Park and Facilities Rules, which prohibits amplified noise in the park: the sponsor is requesting permission to use a public address system to amplify music and announcements at Memorial Bowl. In order to safely and effectively conduct the event on City streets, and to minimize the potential for accidents or injury, staff is recommending the complete closure of Fourth Avenue. The Police Department would monitor the progress of the march, and would close and subsequently re-open cross streets and intersections as quickly as possible. There would be a noticeable impact on traffic during the march, NETWORK-AI 13-JESMARCH.96 1 tj-/ I Item-L Meeting Date 4~:}'96 since Fourth Avenue and all east-west cross streets between "K" and Park Way (including "H" Street) would be closed periodically. A diagram of the proposed parade route is attached (Attachment A). It is unknown at this time what the actual duration of the street closures would be, based on an inability to accurately determine the number of marchers that may participate in the event; the sponsor is not requiring any advance registration for the march. However, staff is recommending that closures would be permitted only between the hours of 9:00 a.m. and 11 :00 a.m.. The sponsor was directed to hand-deliver notice of their intent to request City permission to conduct the event to all businesses and residents along the march route, inviting interested parties to attend the City Council meeting and voice their opinions if they so desired. A copy of the notice is attached (Attachment B). If the event is approved, staff is recommending that the approval be conditional, subject to the sponsor providing the following: 1. Provision of evidence of general liability insurance in the amount of $1 million, in the form of a Certificate of Insurance and Policy Endorsement, naming the City of Chula Vista as additional insured. 2. Execution of a Hold Harmless Agreement. 3. Provision of adequate traffic control equipment and devices as determined by the Police Department and Traffic Engineering Division. The sponsor would be responsible for renting or purchasing the equipment, and delivering and removing it from designated locations. 4. Provision of adequate Police Services, as determined by the Police Department. The sponsor would be responsible for reimbursing the City for all required Police services. 5. Provision, posting, and removal of No-Parking signs along the march route. 6. Provision and removal of adequate portable toilets and trash receptacles at the march staging area, and at Memorial Bowl. 7. Provision of normal facility rental fees at Memorial Bowl, and compliance with standard rules and regulations governing the use of City Park facilities. FISCAL IMPACT: All City expenses related to the event, including an estimated $3,300 in direct costs for Police Department overtime and $60 in rental and staff support fees for use of Memorial Bowl, would be paid by the sponsor. Attachments A - Diagram of proposed parade route B - Notice from sponsor NETWORK-Al13-JESMARCH.96 2 9-'c2 RESOLUTION NO. Ir)7t7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 25, 1996, FOR AN ORGANIZED MARCH SPONSORED BY A LOCAL COMMITTEE OF THE NATIONAL MARCH FOR JESUS ORGANIZATION WHEREAS, the South Bay Pastoral Steering Committee of the National March for Jesus organization (herein referred to as the "Sponsor") is requesting permission to conduct an organized march on May 25, 1996; and . WHEREAS, the proposed march route is along Fourth Avenue, beginning at "K" street, and ending at Park Way with an h01.lr long celebration in Memorial Bowl; and WHEREAS, in order to safely and effectively conduct the event on City streets, and to minimize the potential for accidents or injury, staff is recommending the complete closure of Fourth Avenue from 9:00 a.m. to 12:00 noon. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize temporary street closures on May 25, 1996 between 9:00 a.m. to 12:00 noon (for an organized march sponsored by a local committee of the National March for Jesus organization subject to the sponsor providing the following: 1. Provision of evidence of general liability insurance in the amount of $1 million, in the form of a Certificate of Insurance and Policy Endorsement, naming the City of Chula vista as additional insured. 2. Execution of a Hold Harmless Agreement. 3. provision of adequate traffic control equipment and devices as determined by the Police Department and Traffic Engineering Division. The sponsor would be responsible for renting or purchasing the equipment, and delivering and removing it from designated locations. 4. provision of adequate Police Services, as determined by the Police Department. The sponsor would be responsible for reimbursing the City for all required Police services. 5. Provision, posting, and removal of No-Parking signs along the march route. 6. Provision and removal of adequate portable toilets and trash receptacles at the march staging area and at Memorial Bowl. 9'3 7. provision of normal facility rental fees at Memorial Bowl, and compliance with standard rules and regulations governing the use of City Park facilities. C:\rs\.arch4.jes Presented by Jess Valenzuela, Director of Parks and Recreation 9-i Attachment A JJ - ltlarcll For .Jesus Satur-day ltla,r Z,5tb Tbe following Is a preposed route lor tile Marcb For 8esus. Staging area would lie on K Street I>>etween 5th A venue ad 4th A venu~ adJacent to ChuJa Vista mgb Scbool. --lie MardlwoaJd set off on to 4tb A veuue and prGceed Bortb to Park Way and turn lato tleDlorlaJ Park. Find EIIIIIII MIl'd .nll R.,1y lIuuada! Part & BftW P8r1cWay GS1n:d H Strut :1 ~ :J In :r ". r Street JStreet . SII,lh,Am. Ie Street . Chut. VlB'ta High School 9-S ";,.' MARCH FOR JESUS SOlffH EAyAttaCbmenCB P.O. BOX 121415 . CHULA VISTA, CA. 91912 . (619)420-0991 (619) 427-1761 FAX ORGANIZER Rich Talent ASSISTANT ORGANIZER EmestineT~ PASTORAL STEERING cow"lTTEE FellpeAcuna E1 Atc.t Communkad Cr/*" WesAndelson CaIvIry Chaf>>I of Chull ~ Dave Chamberlain Com",""" ChMtiI/(J Conwnunity Hector Esquer E1 CImino Communldlld Cristiana Dan HiD SL nmothy Lutherln Church David Montajes /n"matiOlJ/l/ Chrld.n CMrlN Ken Nichols , Southport Chrl8tJ.J ClnIw Jel Ruthven '. Hew LIff Chriltian Fellownp Qlooly Matltlloi Jesus LIalIon COUNCIL OF REFERENCE Reverend Michael E. Carey ComefttOM FourJquart ChcJrch Pastor Robert'Carrazco Centro CrlItiano AIont, H<<Iron Pastor Hayden Cates imperial 8Mch F1ftt AIUmbIy 01 God Dr. Virginia Cruz /n,.matlonat ChrI.tian CMrlN Pastor Cart Draves FltJt AaHmbIy of God, HIIIionaI CIty Pastor Tony Guzman ~toty OuI18.JCh Pastor Jerry Hanoool BonIta Vallty ChriJIIan CIIIW Asslstant Pastor Robert HokJ.*l 1n'-matl0llll ChriJ#an CIIIW Pastor Russ Locke Nmcr UnItH 1IefhotI" ~h Pastor Larry Macasero Bonita RC>>d Baptltt Church Caplai1 Scdl Ramsey Salvation Army. Chu/a VIAl Rev8l9lld ~ S. Rauch Chu/a M.ta PrNbyfwfan ~h Pastor LOI8IIZli RodrIguez c.ntro De ".', Pastor John Sorrentino ~ COWIIInt T4I>>rrI<<It Pastor louis SpaIks Chapt/ of Good NIwI Pastor Paul Veonsba Chu/a M.ta Cmlmunity Church April 12, 1996 Dear Community Member, The South Bay Christian Community is planning a March for Jesus on Saturday, May 25th. This March will begin at 9:00 a.m. at 4th Avenue and "K" Street and proceed north to Parkway and turn east into the Chula Vista Memorial Bowl area. Our March is open to anyone wishing to celebrate Jesus and is done in a very enjoyable and positive manner. During the past two years, we have staged Marches in the Downtown San Diego area with a great deal of success and blessings to the community. In order to have a safe environment for the marchers, it will be necessary to close portions of Fourth Avenue between "J" Street and ilK" Street and "K" Street between 4th Avenue and 5th Avenues beginning about 8:00 AM. for our staging area. At 9:00 A.M., we would extend the closure to Ill" street and at 9:30 AM. close from "I" street to Parkway until all of the marchers clear the march route. It is our intention to open up the affected streets as the marchers exit each block. The projected time to clear the entire length of 4th Avenue would be before 11 :00 AM. The Chula Vista City Council will consider this matter on April 23rd in the Council meeting which begins at 6:00 P.M.. in the Council Chambers. If you have any questions or comments, please feel free to contact us at 420-0991 or attend the City Council meeting. Sincerely, Rich Tallent March Organizer 9-~ COUNCIL AGENDA STATEMENT Item / d Meeting Date 4/23/96 ITEM TITLE: Resolution Joc2? I Ordering the Summary Vacation of certain sewer easement through Lot 55 and Lot D of Map 9125, Chula Vista Tract No. 77 -09, Casa Del Rey SUBMITTED BY: Director of Public W or~A ~ REVIEWED BY: City Manager~Gt bw-(X}YlJ (4/5ths Vote: Yes_NoX) U~J Rancho Del Rey Investors, L.P., has requested vacation of a sewer easement traversing two lots within the Casa Del Rey Subdivision. The easement has a public sewer within it which is being abandoned in place after realignment of the sewer main. Section 8333 of the California Streets and Highways Code allows the City Council to summarily vacate a public service easement when the circumstance stated above exists. RECOMMENDATION: That the Council approve the subject resolution ordering the summary vacation of the sewer easement. BOARDS/COMMISSIONS RECOMMENDATION: No consideration is necessary by any of the City's boards or commissions. DISCUSSION: When Casa Del Rey Subdivision was developed (circa 1979), Paseo La Cresta was constructed to the westerly subdivision boundary (see Exhibit "A"). In order to provide the homes on that street with gravity sewer, the sewer main was installed on the center line of Pas eo La Cresta to a point just east of the subdivision's westerly boundary. There the sewer main turned north 90 degrees to the north and traversed along the east side of two lots: One (Lot 55) was built upon and the other (Lot D), being too small, was reserved for future development. A ten-foot-wide easement parallel to the east property lines of the two lots was granted on the subdivision map of Casa Del Rey (Map No. 9125) to provide access for the City's sewer maintenance crews. Subdivision Map No. 13244 (Rancho Del Rey SPA III, Phase 2, Unit 4) was recorded in 1995 extending Paseo La Cresta approximately 350 feet to its terminus in a cuI de sac (see Exhibit "B"). The sewer main was also extended westerly from the angle point mentioned above, to the end of the cuI de sac, through Lot 13 of the new development, through Open Space Lot A, to the existing main in Paseo Ladera. By re-routing the sewer, it streamlined the waste water flows (by eliminating two 90-degree turns in the line) and avoided the need to traverse two residential properties. As the new development occurred, Lot "D" of Casa Del Rey was enlarged and became a buildable lot in the new subdivision (Lot 7 of Rancho Del Rey SPA III, Phase 2, Unit 4) as shown on Exhibit "B". There is no public hearing needed for this vacation. Subsection 8333( c) states that the easement may be summarily vacated if it has been superseded by relocation of the sewer and there are no other facilities within the easement. There are no other facilities within the easement. It/- / Page 2, Item I bl Meeting Date: 4/16/96 In compliance with Streets and Highways Code Subsection 8335(b), the resolution ordering the vacation must state the following: 1. The vacation is made under Chapter 4 of the Streets and Highways Code. 2. The name or other designation of the public service easement and a precise description of the portion vacated are attached. (See Exhibit "e".) 3. The summary vacation is made under certain facts (That the easement has been superseded by sewer relocation and will not be needed in the future). 4. From and after the resolution's recording date, the vacated sewer easement no longer constitutes an easement. FISCAL IMP ACT: The cost for the City to process the vacation is covered under a standard deposit account associated with such requests. Monetary compensation to the City for the easement is not recommended in this case, since the owners already possess the underlying fee title. Attachments: Exhibit "A" - Plat showing old alignment of sewer and easement Exhibit "B" - Plat showing new alignment and new easement Exhibit "C" - Legal Description of easement JWH [m:\home\engineer\agenda\al13 _067.jwh] /IJ -~ ""-.,t RESOLUTION NO. /8"~71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF CERTAIN SEWER EASEMENTS THROUGH LOT 55 AND LOT D OF MAP 9125, CHULA VISTA TRACT NO. 77-09, CASA DEL REY WHEREAS, Rancho Del Rey Investors, L.P., has requested vacation by the City of a sewer easements traversing two lots within the Casa Del Rey SUbdivision; and WHEREAS, the easements have a public sewer within it which is being abandoned in place after realignment of the sewer main; and WHEREAS, Section 8333 of the California Streets and Highways Code allows the City Council to summarily vacate a public service easement when the circumstance stated above exists; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby order the summary vacation of the sewer easement through Lot 55 and Lot D of Map 9125, Chula vista Tract No. 77-09, Casa Del Rey Subdivision. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution after the above conditions have been met, and from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. L for:y Presented by John P. Lippitt, Director of Public Works Bruce M. Attorney C:\rs\vacate2.su. 1 /17 -;3 )IJ - 1/ ~ ft' ; ",.,~ I :.... . r': J.' \i 1~" :." ::.~.::;~::;\ ,tf.{ ~..... : .... ., : to) i" .....: ; 'T t./ ;"''\ ,..- i" i..... (F? f) :~? . ";,' to; ('- ;.. I : ,." A It.' . '., t ....: i....; \'1 i..' I ., :: "'l" t...., . ."; i If\!! ! ~.,.:: t'::: S,,' I-,"l'~ . 00: : "':':/",.: . su eJECT SEWE.~ EASEMENT TO ae VACATED eoR Y. IvISION_-=--- - .c:--~ ---\ \ I ~ III "\) ~ t/) hi C) / .... ., :., r..: ;..' ...., E.~:... : .. I ,.' f>. ,'-- . : 00, I . t" '.' ( r - \/ \ ~ ~~\/~ EXHIBIT OWN BY: Jl~ DATE : ~ I Z 1/ ~ L. :"~ r"~ .... ~ [.0": . . t..... ; . ; .. l .... : .....i . . . ..... : .: . . : :...:. :.' . . ...1 .... : : III '. to: ..... oo' (af'. ll. -t -+ -t + () "" hi 0\ ~ :b. CA + '^ ~ :t:a. tJ) ~ C) '^ ~ ~ '" ~ }.. ~ h. CI) FILE NO. PV-O~7 ';4 II Ic-5 , I , I i , I . I , I , !~ I):. )~ \ \ ~ ~\ y.' :t-'-' ",. M ". \ 'tl\ , ~ . --\ 11:\ .~ \~ \ ). . \ , \ . \ , ~ SEW~2. ~ STo2M OICAI~ E~Se.fwfl!,.,aT ........ '" 0,0 /~ ,-~t\' ,r ..... 0 ,. / 'IV "'!"'~~).,,\-:> /',/ ~" S ..... C _ I . .r.:... / ~ L- / ____ ___ l' '" --- F --- ___------- \ \- ----+---- \ ~.!l~.~:t:. ..' ~ j)~OI\/I5~rd12 - Q~O ~5~ ~\-. 5""'" ~ 'if '''"' '" \ ........ ..." .....:::~. " ..."'..... " ". .,.....1 '. . ~ ,. ~ ~ \ '1\1 .~\~ \\~ , , FILE NO. PV.067 OWN BY: .jJ.,' DATE: 3/Z71~6. , I / EXH/8/T "8 II /t!J-/P LEGAL DESCRIPTION FOR SEWER EASEMENT TO BE VACATED IN RANCHO DEL REY, SPA III, PHASE 2, UNIT NO.4 The land referred to herein is situated in the City of Chula Vista, County of San Diego, State of California and further described as follows: All of that ten-foot-wide sewer easement across Lot 55 and Lot "D" as delineated on the map of Casa Del Rey Subdivision in accordance with Map thereof No. 9125 recorded in the office of the Recorder of said San Diego County February 22, 1979. EXHIBIT "C" Jtl-? COUNCIL AGENDA STATEMENT Item No. 1/ Date 4/23/96 ITEM TITLE: PUBLIC HEARING: REVIEWING AND CONSIDERING THE ADOPTION OF THE COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN SUBMITTED BY: Michael Meacham \~ Conservation coo~~(1~^ City ManagerJ(~ ~ ~\ REVIEWED BY: 4/sth Vote: Yes No --L County Solid Waste staff has requested that we postpone our review of the Integrated Solid Waste Management Plan, consisting of the Countywide Summary Plan and Countywide Siting Element until early May. The County Board of Supervisor's April 23, 1996 meeting will consider this item and County staff will provide clarification regarding the schedule for review following that meeting. Staff recommends the public hearing be continued to the meeting of May 7, 1996. /1'" / 4~ // PUBUC HEARING CHECK UST PUBI1C HEARING DATE: iJk~/9~ SU~CT, ~ y~~ L000;" ,p '" i '(=) c ..... .... /' . ~ . SENT TO STAR NEWS FOR PUBI,ICA:N n BY FAX:; '1ft, ;~ HANl7 ; BY MAlL - PUBLICATION DATE :JM6ld ?- / / ..--ZJ-- MAILED NOTICES TO PROPER1Y OWNERS -Z;-/ NO. MAILED r~ PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK ;~;A ~ COPIES TO: Administration (4) / Planning Originating Department / Engineering Others City Clerk's Office (2) / J~~A~ ./ POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: 7/93 -55- ) j.-.3 '! NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of reviewing and considering the adoption of the County of San Diego Integrated Waste Management Plan. The Plan consists of the Countywide Summary Plan & Siting Element. The City of Chula Vista has prepared and transmitted staff comments on the preliminary draft of the County wide Plan to the County pursuant to Section 41750 of the Public Resources Code. The final comments regarding the County Plan will be submitted to the County and subsequently the California Integrated Waste Management Board for review and approval. Contact the City Conservation Coordinator at 691-5122 if you have questions regarding the document. Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action regarding the adoption of the County of San Diego Integrated Waste Management Plan, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, April 23, 1996 at 6:00 p.m. in Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: March 13, 1996 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the hearing impaired. //-1 .-~ t... J ~"'~ ~~ ~<<~ ......-.::.........~ (llY OF CHUlA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LEITER Telecopier No. (619) 585-5612 DATE: 3A~~ / / TO: Star News Legal / Martha FAX NO: (619) 426-6346 FROM: C-~/~. SUBJEcr: tZ/,/~. c?t~ PUBUCATION DATE: c2 3A&/;;& / / TOTAL NO. PAGES (including cover): H all pages are not received, please call Carla @ (619) 691-5041. 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 81810 . (618) 681.5041 ~ "-""--.,.. //-5 NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Adoption of the County of San Diego Integrated Waste Management Plan. The Plan consists of the Countywide Summery Plan & Siting Element. For further information call the Conservation Coordinator at 691-5122. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, April 23, 1996, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: March 15, 1996 //-? 7 \ ' . ~/), r"":" April 19, 1996 ATTN: Jim Thompson-Deputy City Manager City of Chula Vista Building and Housing Department Code Enforcement Division 276 Fourth Avenue Chula vista, CA. 91910 RE: Brad Remp-Assistant Director Gregory Bottorff Tina Lutz and city employee assistants Dear Sir: Please refer to letters dated: March 27, 1996, AprilS, 1996, and April 12, 1996. This letter is in compliance to try to resolve the defamation of character the employees' above have caused me. I requested assistance from the Mayor's office immediately after miscommunications, misunderstandings, and uncooperativeness began to exist, My character has been defamed by the employees above. My reputation has been injured by slander. A maliscious and false statements have been made about me. For example, on Friday, April 19, 1996, during the course of action I brought against my landlord, one of the landlords testified under Oath, that the City of Chula vista Department of Building and Housing Department had advised them that I had made a threat to the staff above and thus they should call police for protection to go do the repairs on our dwelling at 171 Prospect St. Chula Vista, CA. 91911. I strongly object to the allegations that the city employees Tina Lutz, Gregory Bottorff, and Brad Remp's secretary have malisciously accussed me, after I am the one whom have accused them of misconduct and of incomplete inspection of my present dwelling. I have kept record of all conversations with these city employees, orally and in writing; including the conversations with the Mayor's office, the Chula vista Police Department, CAPT. Zoll, LT. Becker, and SGT. Griffith. I had initially contacted Brad Remp-assistant Director to report that on AprilS, 1996, that Tina Lutz never called me to arrange that appointment he specifically told me not to call her, that she would be calling me to arrange an appointment to come to the house to complete the inspection. However, that Ms. Lutz and ,., , {/" lu;.L. L! fl,?-j-t~ I -// -:./ ../ Mr. Bottorff had indeed shown up in my house, without making any appointment with me at all as he had told me. Mr. Remp's receptionist refused to pass me over to him, until I related to her the reason for my call. At that time, I told her the above message and I told her that at first, both my daughter-in-law and I were extremely terrified not knowing who was trying to get inside our home and that I would have used my gun to protect myself and my family from getting hurt. We were not expecting anyone. Especially we were not expecting them, because Mr. Remp had told me specifically not to call Tina Lutz, that she would be callIng me to arrange another appointment to complete the inspection, and that he would find out if she should give me the original report or a copy. Mr. Remp's receptionist did not seem to rationalize the message correctly. First, she accused me of having a gun without a permit. I never mentioned to her that I did or did not have a permit before she accused me. I corrected her that I did indeed have a permit. Second, she accused me that I did not have to threatened them. I corrected her immediately, that I did not threatened them nor was I threatening anybody; I told her the above statement ".. . extremely terrified not knowing who was trying to get inside our home...that I would have used my gun to protect myself and my family from getting hurt and injured." I wrote a letter to Mr. Remp on the same day of the incident. I also went to the C.V. Police Dept. I did want to file harrassing charges against the two city employees. But, I was advised to go through the proper procedure and report it to Mr. Remp, to include in the investigation of my initial complaint of March 27, 1996. I suspected that Ms. Lutz had been contacting the landlords that they were well aware that I was sueing in Small Claims Court, since that was the reason for my initial visit with Gregory Bottorff requesting a written report. I suspected even furthermore, that Ms. Lutz and the landlords were connecting to harrass me. On the same day of April 5, 1996, both the landlords were harrassing my family by chasing them following them all around the city streets, after they waited for them to arrive home and after leaving a note in our mailbox. The note demanded we were being notified that in 48 hours from April 5, 1996 at 7:45 p.m., that they were corning into our home to do the repairs. I stayed home all day Easter Sunday waiting for the repairs to be done and nobody showed up. On related behalf) , repairs. Monday, April 8, 1996, a handyman, (now we know he is to the landlords because Sgt. Griffith inquired in our called that morning that he wanted to corne to make the We scheduled an appointment for Tuesday at 1:00 p.m. The handyman showed up Tuesday, April 9, 1996, with two /' /',/ .r i./ /) /1~c#J ck-;;;;-4-p'L-- - ~ Police Officers. The officers refused to tell me what they were doing there with the handyman. It did not make sense. We have never met the handyman, and yet he shows up with the police? I told the handymany to please wait until the Mayor's office would return my call. But refused to wait and left. I contacted the police to find out why two police officers were in my house with the handyman after he was the one whom called to schedule the appointment and we had never met this man before. Then, we discovered by the Sgt.'s inquiry, that the handyman was related to the landlord. To confirm that city employees from Building and Housing were supporting the landlords to pressure us was that on Friday, April 19, 1996, they testified that your department advised them that the handyman should take the police with them because that they had been threatened. Mr. Remp had the authority to investigate my complaint. He concluded that there were no findings. He did not include in his findings having any knowledge of my initial letter dated March 27, 1996. He and I agreed that he would be getting Tina Lutz call me and schedule an appointment to return to complete the inspection of 171 Prospect ST. Chula Vista, CA. He failed to be objective in reprimanding the city employees for their behaviors. He chose to handle it irresponsibly and incompetently in professionalism. He instigated malisciously additional pressures by leaving a note at the Mayor's office promoting criminal actions against me without my knowledge when, comments and letters were not substantiated that such allegations were true. This is why I am giving this letter of complaint for a thoroughly and objective investigation be corrected. And I request that my character and my name be cleared as soon as possible. Since this allegations have already incriminated my Small Claims court case, and my character, this last time I request that my name be cleared from the maliscious mischief the above city employees have defamed my character, otherwise, I will have to cleared my name in a legal way. I declare under penalty of perjury that the information is true and correct. DATED: APRIL 19, 1996 / . ",-1-- .x:Jvrd t/---CL < J:u 7':- t(:~ SYLVIA SANTOS ~C~ fh~1 e-./J. ~ o /' / d/-{L)JL- L':AP---H'1.7'r? -.3 I~ f 01 , ~{/? --,.- ~~~ ---~ ~.......~....... EXf. iBile( It r C/lY OF CHUlA VISTA OFFICE OF THE CITY COUNCIL April 17, 1996 Martha Romo 1568 Cavern Point Court Chula Vista, CA 91911 Dear Mrs. Romo: At your request, the fOliowin~ is a 5u;n;"j';iii)' G~ ';:1y con'!ers9tia!"~ ~nd hanrjling of Ms. Sylvia Santos' complaint to the Chula Vista Mayor and Council Office. Thursdav.April28,1996 Ms. Santos came to the Mayor and Council Office on April 28, 1995, requesting assistance to correct various problems with the home she "Leased" at 171 Prospect Street. She explained that a leaking garbage disposal made it impossible to use the kitchen sink. She also said the toilets ran constantly, locks were missing on certain windows, the smoke detector was inoperative, electric outlets did not work. She complained of bugs, torn window screens, and perhaps a few other things. Since the Mayor and Council Office occasionally receives similar complaints from apartment or condo renters, I immediately recognized this is essentially a private matter between a landlord and the tenant. Still, I am also aware that the city contracts with the San Diego Fair Housing Council which works to resolve such issues. My interest related to an additional complaint made by Ms. Santos made against our Building and Housing Department. Specifically, she said Housing Inspector Tina Lutz had made an inspection of the home, and that she was unhappy with the service she received. She claimed that the inspector showed up late, came without the proper equipment to conduct the inspection, was hostile and defensive in dealing with her. After the inspection, she had attempted to talk with Ms. Lutz' supervisor, but the supervisor also refused to meet with her. While I listened to Ms. Santos descriptions of problems and efforts to have them corrected, my primary concern was city staffs handling of this request for service. A~:: ~e~~~~ ".';~~ tv1~. c;~.,tnc; I called the Buildin9 and Housing Department to get more information about the inspection. and to share the complaint lodged against Ms. Lutz and the LJepartment. i abo aiiemplc~ tv find out how staff planned to handle the complaint. I believe I spoke with Ms. Lutz. I recall staff confirmed a site visit had been made. The condition of the house was found to be quite good, and they told this to Ms. Santos. I cannot recall if staff said they would arrange another meeting with Ms. Santos. However, I felt confident that staff would address Ms. Santos' concerns, including the complaint about the initial inspection. Therefore, there was no reason for my following-up on this matter further. Fridav. March 29. 1996 Before calling Ms. Santos, to confirm my understanding of city policy on landlordltenant disputes, I called Ms. Sheri Schott, a Community Development Specialist in the Housing Division of the Community Development Department. Ms. Schott gave me the name of Mary Knoll at the Fair Housing Council as a contact for Ms. Santos. I called Ms. Santos and gave her Ms. Knoll's name and phone number. The week of April 1-5, 1996, I was on vacation. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5044 tZ>&<:zc ~'-r7'} - 7'( / iO Letter to Mrs. Romo April 17, 1996 Mondav.ApriI8.1996 Upon my return on the morning of April 8, I found a note taped to my telephone from Brad Remp, Assistant Director of Building and Housing. Mr. Remp advised me that Ms. Santos' was not to have access to their office and to call the Police Department immediately. I learned that two code enforcement officers went to the home to do another inspection Friday, April 5. Ms. Santos had refused them access and threatened them if they persisted. Later that morning, you came to my office to express your frustration in trying to address Ms. Santos' complaints. You showed me a letter that you had received from the Building and Housing Department listing the three problems the inspector identified and directed be repaired. This letter confirmed what staff had relayed more than one week earlier; that essentially the house was in very good condition. You also noted that rather than being unwilling to address Ms. Santos' concerns, you have tried to contact her or make appointments to correct any problems. Now you were concerned for your own safety or that of any handyman or repairman sent to the home. Within minutes of you leaving, Ms. Santos arrived. I allowed her into my office since I did not feel threatened, and I wanted to hear from her what had occurred the previous Friday. She said that on the day in question, Code Enforcement personnel had arrived at her home unexpectedly and attempted to make an inspection. She said she initially did not know who they were, and ordered them to leave. Later she called the Building and Housing Department to make a formal complaint, but said the receptionist misunderstood her explanation of what happened as a threat against the inspectors. Ms. Santos also gave me two letters, one for myself, and one addressed to Brad Remp. The letter is dated April 5, 1996. Alii could do was tell her that I would have to call Building and Housing and find out what was going on. She also expressed an interest in getting a copy of the inspection report, which I recall I mentioned I would try to help her get from the Department. Later that day, I spoke with Gregory Bottorff, Senior Building Inspector. He had accompanied Tina Lutz on the second inspection and gave his version of what occurred. His description of the incident was very different from Ms. Santos'. He emphatically denied they had done anything improper. He also advised me that Ms. Santos had attempted to make a formal complaint with the Chula Vista Police Department. I placed the letter Ms. Santos had given me addressed to Brad Remp in the interoffice mail. Sometime later that afternoon, I spoke with Captain Jim Zoll of the Chula Vista Police Department since Ms. Santos attempted to make a formal complaint with him. I also spoke with Veronica Lopez, the Office Assistant in the Building and Housing Department, who took the caii irom iv'l:s. Santus ull Friday. Tuesdav.ApriI9.1996 Tuesday morning, Mr. Remp came by my office and asked if I had the letter that Ms. Santos had addressed to him. Since I had forwarded the letter the day before, and he apparently had not yet received it, I gave him my copy. I felt it was more important that he have the letter since his Department would be responding to the complaint about the Code Enforcement Officers' actions. At this point, I continued to be primarily concerned about Ms. Santos' complaint about our Codes Enforcement Officers. The problems with the house were minor and the city had essentially done all it could. In fact, after having talked with several individuals, staff apparently had "bent over backward" in an attempt to help Ms. Santos, but nothing they did seemed to satisfy her. In fact, the more we tried to help, the more upset, frustrated, and confused she became. -2- CITY OF CHULA VISTA c~. ~7",,{ -!5- ~ .;:..j ....:'" Letter to Mrs. Romo April 17, 1996 I left for lunch at 12:30 p.m. that day. At 12:40 p.m., our office received a frantic phone call from Ms. Santos. The receptionist took the message and gave it to me when I returned an hour later. Ms. Santos was also waiting in the lobby to speak with me. Before allowing her to come in, I placed another call to Gregory Bottorff to find out if staff had made another attempt to inspect the house, just to be sure. His response was that they had not, and would not since the last time they were out she chased them off and later made a threat. I believe it was during this phone calli asked about the inspection report/letter she request. He recounted that one reason for the Friday visit, was to give Ms. Santos a copy of the letter they had sent to you. They were unable to give her the letter since she chased them of the property. They later mailed a copy of the letter to her. I asked her the reason for visit. She said that an hour earlier your handyman had arrived at the house to make repairs, escorted by two Chula Vista Pc;ice officers. She refused tl"' let theFT' in until she had some assurance from the Mayor's office that the inspections had been completed and had obtained a copy of the inspection report. She felt she needed this reportlletter to ensure that the handyman would correct all the needed repairs. Upset over the presence of the police officers, she refused them access. Consequently, the handyman and police officers left. I told her the Building and Housing Department had completed their inspection and had no reason to go back. Also the inspection found three minor problems, which she was already aware of. In fact, staff had intended to give this information to her the previous Friday. I also explained that when Building and Housing conducts such an inspection, they do not check every electric outlet, window, or drain. Such an inspection is in fact rare, and staff felt they were already going out-of-their way to be of assistance. Correcting such problems is between her and the landlord. She appeared to understand this. I recall I even offered to be of assistance in contacting you, however, due to other obligations, I was not able to follow-up on this. Since Ms. Santos wanted a copy of the Building and Housing letter, and since she felt she could not rely on the Building and Housing Department to mail it to her, I told her I would personally get the letter and mail it. I obtained a copy of the letter, and it went out the following morning with the mail. My feeling was that any of the problems she experience were simply due to poor communications. Therefore, I suggested to her in this last meeting she communicate with you or the city in writing, as she could document problems, promises, or appointments. Similarly, she had expressed concern to me that she "could not trust your handyman," since he is related to you. In response, I suggested that if this were her concern, she needs to put it in writing. Let me make it clear, I did not direct her to make this request. I was merely reminding her that in order avoid further problems, she needs to make her feelings known. Since Tuesday, April 9, I have had no direct contact with Ms. Santos. However, I haVE: ieceived a letter:0 her from Brad Remp dated April 9, and her response dated April 12, 1996. Sincerely, ~~L r: ~"v~ Armando F. Buelna Assistant to the Mayor and Council ab cc: Ms. Sylvia Santos CITY OF CHULA VISTA &21:.d &~n -? ex h t /3 /1 ~ B // April 19, 1996 ATTN: Jim Thompson-Deputy City Manager City of Chula Vista Building and Housing Department Code Enforcement Division 276 Fourth Avenue Chula Vista, CA. 91910 RE: Brad Remp-Assistant Director Gregory Bottorff Tina Lutz and city employee assistants Dear Sir: Please refer to letters dated: March 27, 1996, April 5, 1996, and April 12, 1996. This letter is in compliance to try to resolve the defamation of character the employees' above have caused me. I requested assistance from the Mayor's office immediately after miscommunications, misunderstandings, and uncooperativeness began to exist. My character has been defamed by the employees above. My reputation has been injured by slander. A maliscious and false statements have been made about me. For example, on Friday, April 19, 1996, during the course of action I brought against my landlord, one of the landlords testified under Oath, that the City of Chula vista Department of Building and Housing Department had advised them that I had made a threat to the staff above and thus they should call police for protection to go do the repairs on our dwelling at 171 Prospect St. Chula Vista, CA. 91911. I strongly object to the allegations that the city employees Tina Lutz, Gregory Bottorff, and Brad Remp's secretary have malisciously accussed me, after I am the one whom have accused them of misconduct and of incomplete inspection of my present dwelling. I have kept record of all conversations with these city employees, orally and in writing; including the conversations with the Mayor's office, the Chula vista Police Department, CAPT. Zoll, LT. Becker, and SGT. Griffith. I had initially contacted Brad Remp-assistant Director to report that on April 5, 1996, that Tina Lutz never called me to arrange that appointment he specifically told me not to call her, that she would be calling me to arrange an appointment to come to the house to complete the inspection. However, that Ms. Lutz and /r _ f ./ (' l/~~. L./ti/ n-~'J ,-7 Mr. Bottorff had indeed shown up in my house, without making any appointment with me at all as he had told me. Mr. Remp's receptionist refused to pass me over to him, until I related to her the reason for my call. At that time, I told her the above message and I told her that at first, both my daughter-in-law and I were extremely terrified not knowing who was trying to get inside our home and that I would have used my gun to protect myself and my family from getting hurt. We were not expecting anyone. Especially we were not expecting them, because Mr. Remp had told me specifically not to call Tina Lutz, that she would be calling me to arrange another appointment to complete the inspection, and that he would find out if she should give me the original report or a copy. Mr. Remp's receptionist did not seem to rationalize the message correctly. First, she accused me of having a gun without a permit. I never mentioned to her that I did or did not have a permit before she accused me. I corrected her that I did indeed have a permit. Second, she accused me that I did not have to threatened them. I corrected her immediately, that I did not threatened them nor was I threatening anybody; I told her the above statement ". ..extremely terrified not knowing who was trying to get inside our home...that I would have used my gun to protect myself and my family from getting hurt and injured." I wrote a letter to Mr. Remp on the same day of the incident. I also went to the C.V. Police Dept. I did want to file harrassing charges against the two city employees. But, I was advised to go through the proper procedure and report it to Mr. Remp, to include in the investigation of my initial complaint of March 27, 1996. I suspected that Ms. Lutz had been contacting the landlords that they were well aware that I was sueing in Small Claims Court, since that was the reason for my initial visit with Gregory Bottorff requesting a written report. I suspected even furthermore, that Ms. Lutz and the landlords were connecting to harrass me. On the same day of April 5, 1996, both the landlords were harrassing my family by chasing them following them all around the city streets, after they waited for them to arrive home and after leaving a note in our mailbox. The note demanded we were being notified that in 48 hours from April 5, 1996 at 7:45 p.m., that they were coming into our home to do the repairs. I stayed home all day Easter Sunday waiting for the repairs to be done and nobody showed up. On Monday, April 8, 1996, a handyman, (now we know he is related to the landlords because Sgt. Griffith inquired in our behalf), called that morning that he wanted to come to make the repairs. We scheduled an appointment for Tuesday at 1:00 p.m. The handyman showed up Tuesday, April 9, 1996, with two /' _/'/J (/ {t./1:: ,(,(/L.. L-6V)4- rYJ - J police Officers. The officers refused to tell me what they were doing there with the handyman. It did not make sense. We have never met the handyman, and yet he shows up with the police? I told the handymany to please wait until the Mayor's office would return my call. But refused to wait and left. I contacted the police to find out why two police officers were in my house with the handyman after he was the one whom called to schedule the appointment and we had never met this man before. Then, we discovered by the Sgt.'s inquiry, that the handyman was related to the landlord. To confirm that city employees from Building and Housing were supporting the landlords to pressure us was that on Friday, April 19, 1996, they testified that your department advised them that the handyman should take the police with them because that they had been threatened. Mr. Remp had the authority to investigate my complaint. He concluded that there were no findings. He did not include in his findings having any knowledge of my initial letter dated March 27, 1996. He and I agreed that he would be getting Tina Lutz call me and schedule an appointment to return to complete the inspection of 171 Prospect ST. Chula Vista, CA. He failed to be objective in reprimanding the city employees for their behaviors. He chose to handle it irresponsibly and incompetently in professionalism. He instigated malisciously additional pressures by leaving a note at the Mayor's office promoting criminal actions against me without my knowledge when, comments and letters were not substantiated that such allegations were true. This is why I am giving this letter of complaint for a thoroughly and objective investigation be corrected. And I request that my character and my name be cleared as soon as possible. Since this allegations have already incriminated my Small Claims court case, and my character, this last time I request that my name be cleared from the maliscious mischief the above city employees have defamed my character, otherwise, I will have to cleared my name in a legal way. I declare under penalty of perjury that the information 1S true and correct. DATED: APRIL 19, 1996 /. j r- 1L UiL'N~/YL{, f'?- IA SANTOS /{-'J,.,d L~~/.-1 i" r{ e... / I April 12, 1996 Brad Remp-Assistant Director city of Chula vista Building and Housing Department Code Enforcement Division 276 Fourth Avenue Chula vista, CA. 91910 RE: Complaint of Tina Lutz and Gregory Bottorff I am responding to your letter dated April 9, 1996, In response to the second complaint I submitted in writing. As far as my first written complaint dated March 27, 1996, regarding the same two city employees in reference above, is not mentioned in your letter. I spoke to you twice over the telephone regarding a follow up of my initial complaint. On April 2, 1996, you confirmed that you were still going to send Ms. Lutz back to complete the inspection of 171 Prospect St., Chula Vista, CA. 91911, inspite I questioned whether it was wise to send Ms. Lutz again, considering the anger she was displaying against me. You stated that Ms. Lutz was the only inspector that would be able to complete the inspection. Although, when I asked if I should call her to schedule an appointment, you stated not to call her, but that she would be the one calling me to schedule the appointment. Ms. Lutz never called my home, either by speaking to me or by leaving a message in my answering machine. However, three days later, Friday, April 5, 1996, Ms. Lutz and Gregory Bottorff, both city employees I had complained about to you on my letter dated 3/27/96, without having made an appointment with me, both were wondering all around the front, the sides and the back of the residence looking inside the windows, and after several minutes of scaring my daughter-in-law and myself, Ms. Lutz had her face inside my bedroom window. After being in shock, and my heart was pounding so rapidly, as well as for my daughter-in-Iaw's shock, I finally recognized Ms. Lutz and Mr. Bottorff. I asked them why were they snooping around my windows. I told them they did not have an appointemnt. Both were trying to take control of privacy. I told them to leave a couple of times, but were harrassing me after I had to repeatedly tell them to leave and that I would call the police. I called the C.V. Police. I also called you immediately, because you had told me not to call Ms. Lutz, and she showed up with Mr. Bottorff, without an appointment. (Page 1 of 4) !~ &")1-04/ - I P You state on your April 9th letter," that based on your document and employee's statement, I do not believe that either employee acted with malicious intent towards you, and that it appears they came to your house at the time they believed they had an appointment to meet with you and conduct the inspection you had requested." Let me reply to your comments on the paragraph above. Under "based on your document and the employee's statement", you are ommitting that I submitted an initial letter of complaint dated March 27, 1996. Moreover, you also state, " I do not believe that either employee acted with malicious intent towards you", in order to receive a fair investigation of the compliants, other factual evidence was not mentioned on your letter. In addition, you also state, "It appears they came to your house at the time they believed they had an appointment to meet you and conduct the inspection you had requested"; In your letter you do not state name, date, or time to investigate why Ms. Lutz and Mr. Bottorff believed they had an appointment, and neither did they answer us when we questioned them. Initially, I requested a report from Mr. Bottorff when the inspection would have been completed. After my complaints about both city employees, I began to suspect why the city employees were communicating with the landlords knowing that we were sueing them. I also did suspect that on Friday April 5, 1996, after I called your office to report both Ms. Lutz and Mr. Bottorff of harrassment, (and although, your receptionist poorly interpreted the complaint I was reporting by distorting information, which by the way, I corrected her interpretation I never agreed with her poorly performance), on the same day, April 5th, the landlords also harrassed us, and furthermore, early Monday morning April 8th, as I was in my way to the Mayor's office, the landlord also came out of the Mayor's office. It is more than a coinsidence, I requested help from Building and Housing requesting an investigation and a report for a court hearing, since the landlords were taking us for every penny they could to do all their plumbing, repairs, etc. ... Ms. Lutz and I scheduled only one appointment on March 26, 1996 for 9:30 a.m., after personally meeting Mr. Battorff on 3/22/96, which he told me she would be giving me a report. Since the day of our appointment 3/26/96, Ms. Lutz had not arrived by 10:15 a.m., I called the office; but that call, angered her and she refused to do the inspection, she was out of the residence by a very short time in the house. (Page 2 of 4) ~ &,;-~-II " " Building and Housing, Tina Lutz and Gregory Bottorff, were the only two government employees that had confidential information regarding the landlords property to be inspected, and just because I went to the Mayor's Office to complain about both of them, I told the Chula Vista Police, that I had suspicious motives to believe that Tina Lutz had been malisciously communicating with the landlords because I had complained ln writing{March 27, 1996 letter}. Since, the landlords got served on April 4, 1996, and I did mention to the landlords that Building and Housing would be doing an inspection of the house. It is a fact that either Building and Housing and the landlords were in contact, because on AprilS, 1996 both parties were at 171 Prospect, C.V. CA. 91911 causing maliscious mischief; I was forced to report both incidents to the C.V. Police on the same day. Finally on Monday morning April 8, 1996, following the Friday incidents, the landlord is coming out of the Mayor's office, as I was about to walk towards the Mayor's Offices. A report was prepared with a partial home inspection and given to the landlord; except, on April 5th, when all the harrassment I complained about, the landlords put a note on our mailbox before my family was being chased, harrassed and intimidated all around the C.V. streets. The note was demanding to go inside the dwelling on Easter Sunday at the night hours of 7:45 p.m., and among other annoying threats, three day eviction notices. We just pray and hope that all these maliscious mischiefs that Ms. Tina Lutz has caused my family and I, do not incriminate us when we present our facts in court. I mainly reported these type of city employee government inappropriate behaviors, not to start a war. The problems are the "untenantable" conditions of a house that we have been taken advantaged of, because we were told the problems would be corrected before we would be moved in. We gave 30 day notices to our previous landlords on Februay 15, 1996, and we were called to move in by March 1, 1996. My family started moving in slowly since they also still had until March 15, to move out from the other apartment. I moved out on March 15, from my Coronado apartment, and moved in at 171 Prospect. We have been given the run-arounds and repeatedly been threatened orally and in writing that they want to evict is in three days. I recognize one thing that Gregory Bottorff meant well initially to help me get the house inspected and ultimately get me a report as he told me. I regret that Tina Lutz, after being late to our appointment, had such extreme anger and displayed such an arrogantly and inappropriately behavior just because I called at 10:15 a.m. to inquire if she was showing up since we had a 9:30 a.m. appointment. If Mr. Battorff had not gotten defensive defending Ms. Lutz, to the extent that he was also behaving so inappropriately rude with me, this mountain of problems would not /" L:f::,,7.d L ~hrz--;r-7 - / ~ '-I until they saw me yell again to leave. while they were still argueing. I was calling the police I believe that Ms. Lutz is malisciously orchestrating trouble for me since I complained about her behavior and in- completeness of the inspection of 3/26/96; I believe that she may have been contacting the owners of this property, because, it is a coincidence that after the landlord got served onThursday April 4, 1996, Ms. Lutz has the gull to harrass me by using DPr position as a city employee inspector, andI strongly feel that she is malisciously having contact with them to support them. I also believe that Mr. Gregory Bottorff is conspiring with Ms. Lutz, since I also complained about his bad treatment and I felt discriminated by his treatment, I saw the hatred in his demeanor. Therefore, both Ms. Lutz and Mr. Bottorff had maliscious reasons for having shown up to 171 Prospect St. Chula Vista, CA., and I considered this a violation of my privacy, and my family's privacy, since it has been very clear that she would call for an appt. (but, she did not have an appt.) Inspite that Mr. Bottorff laughed at me when I was asserting myself that I was a citizen of this community and I resented the bad mannered treatment, his response while laughing was that "We are all citizens" and he left me unattended, shuffled me as unimportant. If a report was sent to the owners of this property, it would have been done malisciously, because, it is incomplete, and there are numerous complaints which would have made it~biased report against me. Furthermore, if they sent this report, I have been totally abused by the treatment, and I have not been treated fairly, and equally if my requests for a report continued to be ignored. I declare under penalty of perjury that the information is true and correct under the laws of the state of California. DATED: APRIL 5, 1996 ;6f~;f'Al~~/:;:;::' cc:Mayor of City of Chula Vista AMENDED Additionally, I complained to the Chula Vista police Dept. I spoke to CAPT. JIM ZOLL, regarding wanting to file a complaint for harrassment, however, this complaint is addressed to the city and Housing Dept.- Attn: Brad Remp. I sincerely hope this complaint be resolved satisfactorily, and I trust that it will. I also did call you immediately, although, your receptionist talked to me with defensive paranoia; she accused me that I haG a gun with- out a permit and she distorted what I told her I felt I would have done not knowing if someone was breaking in to hurt us, and I would do anything to defend our lives. I also explained to her that she obviously was misinterpreting everything, and said good-bye, I then, called the mayor's office leaving a message in answering machine. _ 0,1 _, /' /,' - . / -? ' .'\' ~ T. 7 .. ~ ~/J7:V'T?- .-/ SANTOS ....-'-'-_~;,.;c.<-c,..~.,L~ '-~ I SYLVIA. - . .l__._~.______ U lJ // AprilS, 1996 city and Housing Department 276 Fourth Avenue Chula Vista, CA. 91910 (619)691-5007 Brad Remp-Assistant Director Dear Mr. Remp: I initially spoke to you on April 1, 1996. You said YOIl would be calling me back later that day or Tuesday. I called and I spoke to you on Tuesday April 2, 1996. I had concerns about an incomplete inspection, Tina Lutz made at 171 Prospect St. Chula Vista, CA. 91911, on March 26. 1996, scheduled for 9:30 a.m., which was instructed by Senio~ Building Inspector, Gregory Bottorff. I felt pressured to complain about Ms. Lutz and Mr. Bottorff's bad mannered and rudeness behaviors against me to the Mayor's office, since I was rudely humiliated and ignored when I requested to speak to you in order to resolve perpetuating abuses from particularly these two city employees, not mentioning the im- mediate back-up of other two employees I felt were being intimidated by Mr. Bottorff because they were loyal to him when they had no knowledge to disagree what I had witnessed with Ms. Lutz and later also with Mr. Bottorff. Nevertheless, on April 2, 1996, you informed me that Ms. Lutz would be calling me to schedule an appointment to return to complete the house inspection and thus would either be giving me a copy of the report or the original report I have been requesting for the court proceedings that now are official; Ifiled the claim same day, April 2, 1996. I also asked you if I could call her to schedule the appointment, even though, I questioned it it was wise to send Ms. Lutz considering the circumstances, and you res- ponded not to call her and she was the only inspector to do it, but that she would be calling me. Ms. Lutz never called me nor ever left any messages on my answering machine. Infact, my daughter-in-law and I have always been home at one point or another since numerous estimates for many reasons we had to be home. Nothing is wrong with the machine. Finally, I request an investigation be made as to both, Ms. Lutz and Mr. Bottorff, because I am filing a written complaint against both of them for harrassing me and my family when she never arranged with me an appointment for them to be picking inside all our windows, things as neighbors were watching, and for having put her head inside my bedroom and demanding to ma~~ an inspection right then; Both were argueing with me, af~er I ~Old t~em that they cannot just demand to come inside our dwellln~ frlghtenlng us, while this picking inside lasted approximately 10 mlnutes, not knowing what to do or say. I saw her head inside my bedroom, and I told them to leave or I was calling the police; They argued some more, &hd-~H7-I4-' PAGE =l-.-(J~ -I have gotten out of control. Lastly, if when I called your office, and the receptionist being aware that a complaint against Ms. Lutz and Mr. Battorff was being reported, and if she had remained neutral, instead of making up more problems by stating back comments I never said, which is why I corrected and I said good-by and hunged up the phone, there would not have been more problems as they have surfaced. I would have expected that since the complaints were addressed to you directly, you would have acknowledged the other facts you did not mention in your conclusion of the investigation. I feel strongly that since I have all the facts of what I am charging the landlords I will prevail. On the other hand, if Ms. Lutz's actions incriminate me in court, as I strongly feel she 1S partially responsible for the landlord's harrassing us on or about AprilS, 1996, I will address all these issues in a City Council Meeting. Such behaviors of city employees that have cause me and my family additional trauma and incrimination to a law suit, should at least be reprimanded, but, first, recognition needs to acknowledged and an apology would have suficed. I declare under penalty of perjury that the information 1S true and correct under the laws of the state of California. /' t.. t/. /) 7 D.C~ {it~ l. J ~ tt.L~': Zl U~{ SYL IA SANTOS 1 " 23 1- 0 ' j'){-' >< ~~2... 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C'--v~.4i,",~' 4VU'.-~d ~"':;j .a"~.L4/ ~ ,rt;- ~ {JLtt-{ 4<..( U-/,~~ ,i~U/~ k ~.LI\.,(L UJ.-L-G~ ()J~,- J M -'1t4T),~)a... e)~~ti; ~<.~, .kL.. W-u2~ ~;)--( 0r>-cL<c.~ frr..e Z;i.-&f~l. ~~ - ! ~7i<< ~ ~ ~ ,u~u.;'C'7 /}?'f-h'>';~ I ~.'1';-~VA,~/J~~ U /~~tL-fL- to }1t,:J. YJ;, to /u,~ ~ ~~-: f1<<:t~ /10, ~"f; M&J;#.- &-fb>~~' . ~ ~ fN;t a. 7?L Ith- _'1.'-'LL~ ~f7U- eLI' 4/1 wjk.JiurJ ,'-2 Mu>/"'7!--< Gj,1f'&)'U'Ii /ha:L-4k ~nr NuiC W~ ~ ~o/1d- .J. J,~~~a~a:~A~~~;/V~-"7 · fjW: 4N t~~cK. ~1J LL#"4Jkf1'-.9. h'1 "eL-Iv. <-.z..e · J.k~ ~tf' ~, rMZ/M/V.-t.-&rI:/u-I~ 4M U2..t:"ed~r$U' J k-tf!. " 'C;;, -:7f'-Nd'...lo I'!<{, J.Iiltf k-;,J WM~ ~<.J ~k tU~ t..e ,t(a'Udl tJ;'~J*e~iU.. -.d ~. .... 1hJ~W;~~~ w(;tt",/6U--(/ 3J27/q~ _~'lf~#A 5'1lu/f}- .s 11/1.)105 /t.Ju;/ ~'7Q - /7' ' ITEM ATTACHMENT IIAII. Economic Development Commission -4- December 4, 1991 H. Special Events - Don Read - No report given. 4. LIAISON REPORTS A. Bayfront Task Force - William Tuchscher Mr. Tuchscher presented a handout showing the most recent land use diagram on the Bayfront, specifically showing the Performing Arts Center. On the 11th the Subcommittee will hold their last meeting. Will have an economic analysis based on changes to the plan. It was decided to limit the number of residential units to a total of 1,000. The total square footage of the units was left the same to encourage the developer to present a larger, higher-end product. . Ms. Allen asked if a study had been done in terms of the community having to subsidize this Center. If there is no public support, the City will have another .white elephant- on their hands. Mr. Tuchscher responded that these issues have been addressed and referred to the Cultural Arts Commission. A study is currently underway. B. Auto Park Ad Hoc Task Force - Mike Maslak Mr. Maslak reported that the task force will be presenting their final recommendations to the Planning Commission this evening. C. Chamber Economic Development Committee - Mike Maslak Mr. Maslak reported that he is now Vice President of the Chamber's EConomic Development Committee. D. So. Co. Economic Development Council - Penny Allen Ms. Allen reported the Council has met to go over goals and objectives to focus in on where they are going. She will present the final report next month. E. Otay Valley Road Project Area Committee - Patty Davis - No report given. 5. NEW BUSINESS a. Bonita Hotel Assistant Community Development Director Gustafson updated the Commission on the report that will be given to Council next week. The recommendation from staff was for Council to enter into an exclusive negotiation agreement with the proposed developers of the hotel. Mr. Gustafson asked if the Commission was interested in having anyone attend the meeting and speak to Council. Mr. Tuchscher left the table at this time, citing a conflict of interest in that he represents Joolen Enterprises and American Golf, applicants of the project. In response to Ms. Allen's question, Mr. Gustafson clarified the wording of .fiscal impact- at the end of reports presented to Council. He noted that the distinction is that the specific action Council would take, which would be to approve the agreement, would not have any significant impacts on the fiscal situation at that point. If the project developed along, then there would be income at a later date. Vice Chair Compton asked Councilman Moore when the quarterly report was due. Councilman Moore responded that as long as the report was on a quarterly basis, Council and staff would be kept up to date on the Commission~ ,'1 d.-7 Co -..0-C:J }.- ~ ~ ~ ~ ~ ~..J~ -~~ >_0 <(20 ..Jzu. ::>::>..J ::J:~o o C!) .-.,. /~-.......... /~~ ,------- , .. D f.,S "J~ \..~~ 0 Cl- 0 C\I <- om ~~~ <>< I-W - zo. 0 l1J ou. Q 0:: I- ma: Z l1J 0 0 0 C\I o~f>."< ~..J~ 5Q<t::> >0.0 <(00 ..Jzu. ::>::>..J ::J:~O o C!) (/') ~ z o m d-~ ~- o~ 0::(1)-, I-~<t g;;QO:: owl- 0- u.O ~~ 0- u..V ~~ ~v 0: ...Jl1J :0: > " <(....z ~ I-~ Z o m ,,: u .. I- ...... ') en ~? ~ ~ ....r REQUEST FOR PROPOSALS FOR DEVELOPt.1ENT AND PURCHASE OR LEASE OF REAL PROPERTY ON 4400 BLOCK OF BONITA ROAD S' ~3/ " ilTT ACJI M ~NT '~ (J {I .. REQUEST FOR PROPOSALS FOR REAL ESTATE DEVELOPMENT BACKGROUND The City Council of the City of Chula Vista is seeking proposals for the development of vacant city-owned parcel of land comprising 3+ acres adjacent to the Chula Vista Municipal Golf Course. The proposed land uses should blend with and complement the existing restaurant/lounge and .golf course uses. The undeveloped property is bounded by the golf course on the north, Boni ta Road to the south, the Bonita Vista Condominiums on the west and the South Bay Golf Club Restaurant on the east. The adjacent facilities to the east include a completely furnished restaurant, lounge, and banquet hall totalling approximately 15,000 sq. ft. along with an improved parking lot. At present, the restaurant is leased by the City to the gol f course operator (American Golf Corporation) for a maximum term of 30 years. (The lease has approximately twenty-six (26) years remaining.) 32 ~ .il? I __ REQUEST I. PURPOSE AND INSTRUCTIONS A. The City of Chula Vista is seeking proposals for the long-term lease or purchase and development of approximately 3.0 acre site located on Bonita Road adjacent to the Chula Vista Municipal Golf Course. The parcel is bounded by the South Bay Golf Club. Restaurant on the east, Boni ta Road on the south, Boni ta Vi sta condominiums on the west and the golf course on the north. Because of the location of the property, selection of the successful bidder will not be based solely on financial considerations, but also on the quality of the proposed development and the abi 1 i ty of the proposal to bl end in with the surrounding area. B. All proposals must include completion of City forms D and E attached hereto. C. All proposal s for the purchase or 1 ease of the subject property must be submitted no later than 5 p.m., August 3, 1990 (postmarks are not accepted). The proposal shall be delivered in a sealed envelope marked IIProposal for the lease/purchase of Real Property. II Bid documents or questions should be submitted to: Lance Abbott, Community Development Specialist Community Development Department 276 FQurth Avenue Chula Vista, CA 92010 (619) 691-5047 D. Proposers are requested to submit the original and three (3) copies of the proposal. Successful bidder may be required to submit additional copies on request. II. PROPERTY DESCRIPTION/INFORMATION A. The subject property incl~des 3+ acres of land, is within the incorporated boundaries of the City of Chula Vista, California, Parcel 2 of Parcel Map 958 of Chula Vista, Assessor's Parcel No. 593-240-24, and is located in the 4400 hundred block of Bonita Road (see Attachments A and B) B. The site is presently zoned C-V-P (visitor commercial). A copy of the City of Chula Vista C-V-P zone requirements is attached (see Attachment C). .33 'T . .1 I \ let C. The City is not walvlng any fees (such as development impact fees) or other permit fees normally required as part of its development process. O. Prospective proposers are urged to contact the appropriate Ci ty department for information concerning proposed development of the property. The 1 essee/purchaser must be assured that the property meets anticipated development needs/requirements as the City assumes no responsibility therefor. E. The information contained in this document regarding property description and location is believed to be accurate and correct. However, the City of Chula Vista assumes no responsibility or liability for its completeness or accuracy. III. PROPOSAL All proposals should include the following information: A. The complete name and address of the individual, partnership and/or corporation submitting the proposal. B. Terms and conditions of lease payment/purchase price which the successful proposer will provide to the City. C. A written statement and supporting conceptual plans describing proposed land use, number and type of units, square feet of commercial space by type, approximate building heights, a preliminary site plan indicating landscape areas, parking, circulation and access. D. A statement of qualifications and resume of developer, including a summary of similar completed projects, which may include up to five photographs or color slides. E. Projection of financial benefits to the City including the number and type of jobs that wi 11 be associ ated wi th the deveT opment and any anticipated revenues to the City. F. A proposed time table showing dates for negotiation, sale, plan processing, and construction, along with evidence of financial capability to complete the-project on time and according to plan. G. A completed waiver indemnification agreement (Attachment 0). H. A completed disclosure statement (Attachment E). I. A completed statement of qualifications. ~~ II '\ .~,~... J. Three (3) copies of the complete proposal must be provided. Successful proposer may be required to submit additional copies on reques t. The preceding items should be numbered and submitted in the order set forth in the RFP. IV. QUALIFICATIONS Potential buyers or lessees must satisfactorily demonstrate thei~ financial ability to purchase the subject property and construct the proposed development. V. SITE PLANNING It is the intent of this proposal to encourage a project which maintains the integrity of the existing community and neighborhood. Evaluation criteria will include, but not be limited to consideration of: A. t.1aintaining the integrity of the adjacent developments and the environmental quality of the Bonita area. This includes the municipal golf course and the South Bay Golf Club Restaurant. B. Providing a suitable easement for the relocation and continuation of the exi sti ng jogging/equestrian path which currently traverses the parcel, and accommodating existing sewer easement traversing southwesterly corner of site. C. Preferred land uses include the following: 1. High quality resort complex including restaurant/lounge and limited related retail uses. 2. Other uses which may, in the developers oplnlon, better market opportunities including professional residential apartments/condominiums or mixed uses. provide offices, D. land uses which will not be considered: 1. Retail strip commercial. 2. Uses such as a minlature golf course, fun centers, water s 1 ides, etc. VI. ADDITIONAL INFORMATION A. The successful proposer will be required to comply with all City of Chula Vista and other local, state and federal requirements. It is anticipated that the development process will include, but not be 1 imited to: 35 , () 1. Environmental and design review 2. Grading, building permits, etc. B. The bidder should expect to have access only to public reports and public files of the local government agency in preparing the proposal. No compilation, tabulation, or analysis data, definition or opinion, etc. should be anticipated from the City other than those included in this document. C. Thi s Request for Proposal s does not commit the Ci ty to accept any proposal or to pay costs incurred in the preparation of the proposal for this request. Further, the City reserves the right to: Accept or reject any or all proposals received as a result of this request. To negotiate with any qualified source. To cancel in part or entirely this Request for Proposal. To require the proposer to participate in negotiations to submit such price, technical or other revisions of their proposal as may result from negotiations. D. The City, through this Request for Proposals, is not waiving any fees or permits normally required as part of its development process. E. The City reserves the right to require a development agreement for thi s property. VII. BID OPENING/SELECTION PROCESS A. Bi ds/proposal s are to be submi tted no 1 ater than 5 p.m., Fri day, August 3, 1990. Proposals will be checked to insure they are complete and meet the minimum requirements of the City. B. All bids/proposals will be further reviewed by a "selection panel" estab 1 i shed by the Ci ty. The pa-ne 1 will narrow acceptable bi ds based on, but not limited !~, consideration of the following: 1. Lease or sale value 2. Proposed site plan 3. Compati bi 1 i ty of the proposed site plan with adjacent developments 4. Compliance with the criteri a included in the Request for Proposa 1 5. The overa 11 cost benefit of the proposal 3~ .. il7 _.._,".._~._-~.~,~....~.,~~~ C. Finalists may be invited to participate in a more in-depth review and discussion of their proposal. D. The final selection will be made by the City Council. The successful proposer will have the right to enter into an exclusive negoti ati on agreement for a period of up to si x months for the refinement, completion, and approval of plans and approval of financial terms and conditions. It is anticipated that a development agreement and/or escrow will follow successful completion of negotiations. 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I I - __..ll , · ..--.--.------..,... -- ---'I a :1 / I - - - - --I , R.3.P'S VAC. I' I I 1 ALL~N GPA - 83 - 4/ PCZ -84-A II Land Use and Zoning \I From "Parks 8 Public Open Space" " fII.... #, and A-D 10 VISItor Commercial 8 oIC_ v- p" for approx. 3.5 acre 5 E;{HH8aT B o . , . , 3fJll., ~I Q III ~ '. ATTACHMENT B P.M. 958 I, I ~. ,.. ~ ~ 'Gs. .,....'1.;::_ ,'" ._< 289.98' '. - :,:~~"'?:-i:~~'r - .. / ...._:. __~A--'" ...~~..L I I ~ ;:~~~~>:'~s;~f1;'~:>. -., . ASE..EH;:{'-;-:.=/?".:....:.:;....... :"" - /:/;l ,:".,:-;;':~;;::;;i.~;;;': :'-, :.~,: . . / J . . '. . . . . . . ::. "":-',,,: ;:;"';:;:":;. //1 '. ll! ' . ,') , '-.;lj , i I /' / ,/ II ;' / / !:i. '6& :--=~- l .' E .' ..... \ 0. \ cr"'~ "\ -;. \ 1-.- . ,..~ ,.~:;::.' \.... \....\.,... }\.\;:..... ",'fi"'" ~ : \'GJ: ':. ,; :;i'---:~;";:'(. o \ " ...,.~.,.,.M,. .,. J" /.'....~: ;.;,;;'-;).~ 'dO \' " . > ::,'.~'l~' ~ ' ' ,.,"~1" . 0"':"';" ".. \ ",'; \0 0' O' 0- "'\ ..,0.. I . I r- 0. .:.-".,./ \ \ ,..~.(....) . ~..v. . ., .......c..- :.".. \__ ,.,.,.._ ...... -c;~- ~00 , \ \\q~', 0", " ___ "....a . - - ,) ,... .\ "', 10- ,: j ./: . .- ..~ I , I '! I- u , , 0..... .. " _:":-t-. oJ& , ~. II ~ll . I ~ ;1 l ;1 ! "!,ll I :ll j I ~ .......---.~l- -'j ~f . ! "I I' \\ ..--:{\ f ,..-., ,.. -?-'<- - . - ' \\ \! ,,: :":' : ;-- , ." '..,.... . S~~--~\.r'; ". -" - +~" \ A ~ -~ ~- - ,- ~ -.... " ~_ .-' .. ., _."___ -f ." ",,'~ -."" -.. '- ''''' "..'" .:-' . ._ ..._' .:;.' .. . ..,,'" "p_ ~:5"'.- - '\. _' _'~ ..... " ~. <J% ."rt ',-' - -, ' ' ~--.-. .,-"~' /':<. ,,- ---- --. ..' . -.-<"'_. ...' >-<. _ -:,.f .>~-" - - ~. ' ' · , \ -.'0 \ ,.; ,,/ " \, i ; -: ' \ \ ',CCesS _0 ~ ~ ;, -., · \ .~.." ..._' < , " " \ '\ \.~/;;~ '\ i, >~ t .- \ / / ~ ~ ~ \ ./1 r.' r '; r. \ j-/ " , , \ I I t. ~ / i r ".. -~~ Sf. \A,T. , I ;:1 :. J ~- -~ .;;,.:1)- . ...-- ...-- ----- -- - ' ' -- _.-:--:. ,:,,--:,," _.-~' -" ~ . ,;-, .: .C' .' _"'-4"09'-00'. ~~;"'" ...- ." .. ___ __ . t- - .- I. ___ ..0 ..' ,.' .I; ,~. V<. ,_,' ,',0' . -~---:'. ...... .,' , I ,,' . ",,-" " . '. " \ ,.....- ~ . . .' ---- .. '. '. , .., . '. \ ~~~'-"I " . ' .'., " , ~ ;~:.~_: ~ ~ ~'-~\" r t - ~ 'j. .~ ~ ~ /~l~~~ 'l. .. ~ \ ". \IJ " f. ~ \ 1 . ~ o 1. ~ t' ~ .. oj .' ~ ~ ,,;\ \j \'-\ \ .::.. W-p-.\.. " 00~'( co\jrl.S~ ?Arl.\f,\\,-\0 \.,.0\ . .. .. r, :39 IB .... .4'. ... ..~".. 'I ;t/) [) Sections: 19.38.010 19.38.020 19.38.030 19.38.040 19.38.050 19.38.060 19.38.070 19.38.080 19.38.090 19 .38. 1 00 19.38.110 19.38.120 19 .38. 130 19.38.140 19 . 38. 150 Chapter 19.38 C-V - VISITOR COMMERCIAL ZONE Attach. C ,'. Purpose. Pennitted uses. Conditional uses. Sign regulations. Height regulations. . Area. lot coverage and yard requirements. Setbacks from residential zone-Parking and loading facilities. . landscaping. Site plan and architectural approval. Off-street parking and loading facilities. Enclosures required for all uses-Exceptions. Outdoor storage. Wall requirements. Trash storage areas. Performance standards. 19.38.010 Purpose. The purpose of the C-V zone is to provide for areas in appropriate locations where centers providing for the needs of tourists and travelers may be established, maintained and protected. The regulations of this zone are designed to encourage the provision of transient housing facilities, restaurants, service stations and other acti vi ti es providing for the convenience, welfare or entertainment of the traveler. (Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510 (part).) 19.38.020 Permitted uses. Principal permitted uses in the C-V zone are as follows: A. Hotels, motels and motor hotels, subject to the provisions of Section 19.58.210, with such incidental businesses to serve the customer or patron, provided such ;incidenta1 uses and businesses not otherwise permitted in this zone shall be operated in the same building and in conjunction with this permitted use; B. Restaurants with a cocktail lounge as an integral part; C. Art ga 11 eri es; O. Handicraft shops and workshops; E. Bona fide antique shops, but not including secondhand stores or junk stores; F. Thea ters; G. Any other establishment serving visitors determined by the commission to be of the same general character as the above permitted uses; H. Accessory use and building customarily appurtenant to a permitted use and satellite dish antenna in accordance with the provisions in Section 19.22.030F.1-9 and 11 through 13; I. Electrical substations and gas regulator stations, subject to the provisions of Section 19.58.140; J. Agricultural uses as provided in Section 19.16.030. (Ord. 2160 ~ .1 (part), 1986: Ord. 2108 ~ 1 (part) 1985: Ord. 1356 ~ 1 (part), 1969: Ord. 1212 ~ 1 (part), 1971: prior code ~ 33.510(8).) ~1I (R AIR(") I;.) () 19.38.030 Conditional uses., .-- The following Uses may be permitted in the C-V -Zone- suhject to the issuance of a conditional use permit subject to the findings set forth in Section 19.14.060: A. Car washes, subject to the provisions of Section 19.~8.060; B. Aut~obile service stations and towing service. SUbject to the provisions of Section 19.58.280; C. Bait and tackle shops. including ~arine sales, supplies and rentals; O. Bars or nigh tel ubs (Dance fl Oors subject to the provi s ions of Sec ti on 1 g. 58. 115 and Chapter 5.26); _ E. Commercial parking lots and parking garages, sub5ect to the provisions of Sections 19.62.010 through 19.62.130; F. Commercial recreation facil iti es, subject to the cnndi ti ons of Section 19.58.040, as follows: 1. BOwling alley, 2. Miniature golf course, 3. Bill iard hall, 4. Skating rink; G. Public stables. subject to the prOVlslons of Secti9n 19.58.310; H. Artists. supply and materials stores; I. Clothing sales (new); J. Unclassified uses, See Chapter 19.54. K. Roof-lOOunted satellite dish subject to the stan"ards set forth in Section 19.30.040. l. Recycling collection centers, subject to the provisions of Section 19.58.340. lOrd. 2273 ~ 6, 198B: Ord. 2252 ~ 6 (1988); 2233 ~ 6 (]9871; 2160 ~ I (partl, 1986: Ord. 2108 ~ I (part). 1985: Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior Code ~ 33.S10(CJ.) 19.38.040 Sign regulations. See Sec ti ons 19. 60.020 and 1 9. 60. 030 fo r permit requi rement and app rova 1 procedure. A. Types of signs allowed: Business ("all an"/or marquee and a freestanding sign) subject to the following: 1. Wall and/o r ma rquee : Each bus i ne ss sha 11 be a II owed a comb i ned sign area of one square foo t per linea 1 foot of bui 1 di ng frontage f aci n 9 a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per -I i nea 1 foot of buil di ng frontage provided the sign does not exceed fifty percent of the background area on which the sign is applied,-as set forth in Section 19.60.250. Each business shall also be allowed si9ns facin9 on-site parking areas for five cars or more and walkways ten feet or more in width. Such sign s may con ta i n an area 0 f one s qua re foot per 1i nea 1 foot 0 f building frontage facing said area; however, the area may be increased to two square feet per lineal foot of bUilding frontage provided the sign does not exceed fifty percent of the background area on ",hi ch the sign is applied, as set forth in Section 19.60.250. The maxi~um si9n area shall not exceed one hundred square fept; 2. Freestanding (pole): Each lot shall be allo>.'ed one freestan"ing sion subject to the following: a. Signs are restricted to those lots having a minimum frontage of one hundred feet on a dedicated street. In the case of Corner lots or through lots only one frontage shall he counteo, -&" ,,- (R 9/88) Id ... b. The sign may contain one square foot of ar~a for"each lineal foot of street frontage but shall not exceed one hundred fi fty square feet. In the case of corner lots or through lots, only the frontage the sign. is oriented to shall ~be counted toward the allowable sign area, c. Maximum height, thirty-five feet, d. Minimum ground clearance, eight feet, e. The sign may project a maximum of five feet into the public right-of-way, f. The sign shall maintain a ten-foot setback from all interior property lines, g. Corner parcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at i nterva 1 s of not 1 ess than fi ve hundred feet apart. Such signs shall not face the si de of any adjoining lot in an R district, h. Only the name of the commercial complex and four tenant signs, or a total of fi ve tenant si gns, may be di spl ayed on the si gn. Where the pole sign is used to identify the name of the complex or the major tenant, the sign shall be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum area allocated for each tenant shall be not less than ten square feet, i. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area of fifteen square feet and shall maintain a minimum setback of five feet from all streets; 3. Ground (monument): A low profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: a. Maximum height, eight feet, b. Maximum sign area, fifty square feet, c. The sign shall maintain a minimum setback of five feet from all streets and ten feet from all interior property lines, d. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. B. Other signs: See.Chapter 19.60 for the following signs: Window (Section 19.60.270); canopy (Section 19.60.280); temporary construction (Section 19.60.290); temporary promotional (Section 19.60.300); public and quasi-public (Section 19.60.310); sign boards and buildings (Section 19.60.330); directional (Section -19.60.340); warning and instructional (Section 19.60.350); service station price signs. (Section 19.60.360); directory (Section 19.68.370); real estate (Section 19.60.380); unclassified uses (Section 19.60.400); signs on mansard roofs (Section 19.60.410); signs on pitched roofs (Section 19.60.420); business (Section 19.60.430); signs on architectural appendages (Section 19.60.440); and theater marquee (Section 19.60.450); 1. Signs on screening walls or fences: In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: . a. The sign may only denote the name of the principal business or the name of the commercial complex, b. f~aximum 5i gn area, twenty-fi ve square feet. r -Jj~ ~~ { <:.::7-.j Other regulations: All signs are subject to the regulations .of. s.ections 19.60.040 through :l9.'.:60:'130'~"'and. the. standards of ~ections. 19.60..140' through 19.60.210. . -. ':'.: " . ,__ ... _"".' ,_. . _ .' Nonconforming sig'ns: See Sections 19.60.090 through 19.60.120:" .........., '.. . .,~ The design revie~~;committee may"redlice'~"s'i'g'n' areas below those"c1i.Jtho'riz!ed" _ above based onthe-',sign' guidelines and criteria contained in the design manual. COrd. 2309A!..~ 9'~1989: Ord. 1575 ~ 1 (part), 1974: Ord. 1356 ~ 1 (part), 1971: 0~?1.~1..2~.i1 (pa~~),.1969:- prior code ~ 33.510(DLL : i\j ...... .._... . ( C. D. E. ..." ~ ."~. -.: -\".~ 19.38.050 Height regulations. _ . No building or~' structure shall exceed three and one-:half s.tories or. forty-five feet ..in tfefght :exce'pt asi':provided .In Section 1.9.16.040;.provided however, that said "'li i1J.fta tHin may.- be adjusted .by conditional use permit: (Ord. 1356 ~ 1 (partti'1971: .Ord. 1212 ~"1 (part'), 1969:p.r.ior. code..~ 33. 51 OC E L ) . . . . . 19.38.060 Area, lot coverage and yard requirements. The foll owi ng minimum area, lot coverage and yard requi rements shall be observed, except as provided in Sections 19.16.020 and 19.16.060 through 19.16.080 and where increased as determined by the issuance of a conditional use penni t: c lot Area (Sq. Ft.) 1 0, 000 lot Coverage (Max. %) 40 Side None, except when abutti ng an R district, then not 1 ess than twenty-five feet Yards Exterior Si de Yard 10* for buildings o for signs in Feet Front 20* for bull di ngs o for signs Rear Ten feet except when abutting an R district, then not less than twenty-five feet; none when abutting a side yard wi th no si de yard requirement. *or not less than that specified on the building line map shall be provided and rna i nta i ned. The setback requi rernents shown on the adopted buil di ng 1 i ne map for Chula Vista shall take precedence over the setbacks required in the zoning district. (Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(FL) 19.38.070 Setbacks from residential zone-Parking and loading facilities. In any C-V zone directly across a street or thoroughfare (excluding a freeway) from any R zone, the parking and loading facil Hies shall be distant at least ten feet from said street and the buildings and structures at least twenty feet from said streets. (Ord. 1212 ~ 1 (part), 1969; prior code 5 33.510(G}(1).} 1!113 I r:~ (I ,- \.. 19.38.080 Landscaping. .' The site shall be landscaped in conformance with the- landscaping manual of the city, and approved by the director of planning. (Ord. 1356 ~ 1 (part), 1971: Ord. 1212. ~..1 (part), 1969: prior code ~ 33.510(G)(2}.} 19.38.090 Site plan and architectural approval. Site plans and architectural approval are required for all uses in a C-V zone, as provided in Sections 19.14.420 through 19.14.480. (Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G)(3}.} 19.38.100 Off-street parKing and loading facilities. Off-street parking and loading facilities are required for all uses in a C-V zone, as provided in Sections 19.62.010 through 19.62.140. COrd. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G}(4}.} 19.38.110 Enclosures required for all uses-Exceptions. All uses in a C-V zone shall be conducted wholly wi thi n a compl etely enclosed bui1 ding, except for outdoor restaurants, service stati ons, off-street parking and loading facilities, and other open uses specified under conditional use permits as determined by the planning commission. Permanent and temporary outside sales and display shall be subject to the provisions of Section 19.58.370. (Ord. 1436 ~ 1 (part), 1973: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G)(5}.} 19.38.120 Outdoor storage. Outdoor storage of merchandise, material or equipment shall be permitted in a C-V zone only when incidental to a permitted or accessory use located on the same premises, and provided that: A. Storage area shall be completely enclosed by walls, fences or buildings, and shall be part of an approved site plan; B. No outdoor storage of materials or equipment shall be permitted to exceed a height greater than that of any enclosing wall, fence or building. (Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.5l0(G)(6}.} 19.38.130 Wall requirements. Zoning walls shall be provided in a C-V zone, subject to the conditions in Sections 19.58.150 and 19.58.360. (Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G)(7).} 19.38.140 Trash storage areas. Trash storage areas shall be provi ded conditi ons of Secti on 19.58.340. (Ord. 1356 (part), 1969: prior code ~ 33.510(G)(8).) in a C-V zone, subject to the ~ 1 (p a rt), 1 971 : 0 rd. 1 21 2 ~ 1 '41 \ &-.~.., ( 19.38.150., Performance .standards. All"uses"'.in-;'a~~-t:'v 'zone.shall be subject to initial" and continued. comp1i..ance. .with_'_ the:--_performanc-e' staAdards 'set ..forth in. Chapter 19.66. ~:>_. (Ord. .1:356' ~;.J ' (part L 197J~: Ord.~. .1212-.:~ ~1: ~ (part),: 1969: pri or code ~ 33.510 (H). )' -. -, " .. .. .. -~~;,-. ."~~~piir 19.40 -.""......... -.. - '. . -.-'."- ....- -._- -.. - '- ~~-I - THOROUGHFARE COMMERCIAL ZONE Sections: 19.40.010 19.40'~020 __ 19.40.030' . 19-.40.040' 19.40.050 19.40.060 19.40.070 19.40.080 19.40.090 19 Ao. 1 00 19 .40 . 11 0 19.40.120 19.40. 130 19 .40. 140 19.40.150 Purpose ..- - - .", "-_ Gi18' . . Perm.itted:uses...... '- h. , Conditional use.,.. Sign regulations~ Height regulations. Area, lot coverage and yard requirements. Setbacks from residential zone-Parking and loading facilities. landscaping. . . Site plan and architectural approval required. Off-street parking and loading facilities. Enclosures required for all uses-Exceptions. Outdoor storage. Wall requirements. Trash storage areas. Performance standards. 19.40.010 Purpose. The purpose of the C-T zone is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be establ iShed, maintained and protected. The regulations of this district are designed to encourage the centers for retail commercial, entertainment, automotive and other appropriate highway-related activities. . C-T zones are to be established in zones of one acre or larger, and shall be located only in the immediate vicinity of thoroughfares, or the service drives thereof. (Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.5l1(A).) 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the city as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see Section 19.40.030 for used car lots); boat and equipment sales and rental establishments, subject to the provisions of Section 19.58.070; C. r1otor Ilotels and motels, subject to the provisions of Section 19.58.210; Jf.5 . (1\ 6/86) d-b ATTACHMENT 11011 WAIVER AND INDEMNIFICATION AGREEMENT As parti a 1 consi derati on for the purchase/l ease of the real property consisting of 3+ acres of real property located within the corporate boundaries of the City of Chula Vista, California, located on the 4400 block. of Bonita Road (portion of Assessor's Parcel No. 593-240-24), Rancho de la Nacion, nap 166, and presently owned by the City of Chula Vista, the undersigned and all heirs, executors, administrators, successors and assigns of the undersigned hereby jointly and severally covenant and agree to waive all existing or future causes of action against the City of Chula Vista which arise out of or in any way relate to the design, construction, sale, occupancy, or use of the above said real property, and, furthermore, agree to at all times indemnify and hold and save the City of Chula Vista harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, specifically including all claims of negligence by the City of Chula Vista or by any of its employees except those caused by the sole negligence or willful misconduct of said City or any of its employees, which said City may at any time sustain or incur by reason or in consequence of the design, construction, sale, occupancy or use of the above said real property. DATE SIGNATURE WPC 4445H -46' r-J { d- / -. CITY OF CHULA VISTA_ DISCLOSURE STATEMENT ATTACHHENT "E" Name of Contractor/Applicant: Nature of Contract/Application: location of Proposed Work: p-' Contractor's Statement of Di sc1 osure of Certain Ownershi p Interests on all contracts/ applications which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The fOllowing information must be disclosed: 1A. List the names of all persons having a financial interest in the contract/ application (i.e., contractor, subcontractor, material supplier, owner). lB. list the names of all persons having any ownership interest in any real property involved in the contract or application. 2. If any person identified pursuant to 1A or 18 above is a corporation or partnership, list the names of all individuals 0\'Inin9 more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to 1A or 18 above is a non-profit organization or a trust, 1 i st the names of any person servi ng as di rector of the non-profi t organization or as trustee or beneficiary or trustor of the trust. 4. Has any person i denti fi ed above had more than $250 worth of pub 1 i c or private business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, distric:t or other political subdivision, or any other group or combination acting as a unit." (/JOTE: Attach additional pages as necessary.) 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"611 F Exhiblt o z w C) W ..J . i .:. __ i . !- : Ctl .._ : ... i Ctl i....., i ... : i ... ! 0) i Ec: !c: E.m ! ~ :0).... ! 0 !- : · en :.~ i 11) : i:::l : ~ C" : (1) (l) ..... .... III (l) ~ U to ("t') -0 (l) c:: ~ o I ~ U1J 35c2 . : . . . 0 . . 0 i ~ ~ .. !>" > ~ c ~ ;; '" .. ~ I) ~ ~ ~ ~ ~ ~ ~ "" ~ ~ II I ~ ?? f ";"'J<"-''''''~ Monday CHULA "(Tl..-~TA GOLF COURSE PARKING - OT SURVEY E X H I B . 6 am ~ 10 am "H " , uolfers Rest Joggers Sales & Vendors Feed Ducks # Cars: 174 #~O #157 #3 ~ # People: 212 #62 #179 #3 Lor ASPl-1Alr sPk<Z.s ,- .;zl3 ..) ~ ------ *' Cars In parking lot at 6am 66 Lot K 1# = NlUItBa< of cN!.5 01<.. peoflE. EAJlC:RWy ~-;T 11 Dirt e:,-* == Nu.~ orCA.es /)J LdI A~ 17ME IJD/~. 8am 187 Lot AI&:> NoreO is Ide ~u.~ci< PMK€O IN .H 16 Dirt Yt DiRT MEA, lOam 203 Lot 10 AV'A..- ~pM 14 Dirt a Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 79 #60 #40 #12 #3 # People: 102 #88 #55 #9 12 pm 166 Lot 4;'i J I 3 Dirt ," ,/I..~/ /'2//~ 2pm 163 Lot : A,'jl(). J.f(l\ - bp~ 7 Dirt ;t:;',~' v~t -) .jl//; v/ Golf Rest Joggers . ; - Feed Ducks # Cars: 116 #7 #103 '. -/5<.:)/' #6 # People: 149 #9 #141 #7 4 pm 152 Lot 2 Dirt 6pm 157 Lot 14 Dirt Tuesday 6 am -10 am Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 128 #34 #129 #12 #4 # People: 141 #48 #162 #12 #4 *Cars In parking lot at 6 am 37 Lot 2 Dirt 8 am 123 Lot 9 Dirt 10 am 156 Lot 10 An( - ). ft4'\ 3 Dirt Golf Rest .Joggers 'Sales & Vendors Feed Duds # Cars: 85 #55 #25 #3 #6 # People: 97 #65 #36 #3 #12 12 pm JJJ5 Lot ;;... Dirt J. pM - t:,pM 2 pm 131 Lot I Dirt Golf Rest Joggers Sales & Vendors Feed Ducks '# Cars: 103 #20 #86 #0 #9 # People: 122 #29 #101 #0 #14 4 pm 140 Lot 2 Dirt 6pm 193 Lot 14 Dirt Wednesday 6am-l0am Golf Rest (' Joggers Sales & Vendors Feed Ducks # Cars: 193 #31 #139 #0 #0 # People: 209 #47 #151 #0 #0 ~Cars in parking lot at 6 am 71 Lot 4 Dirt ,8am ;- 195 Lot 21 Dirt 10 am 21'OLot' ,OAJ'l- Jft^ 13 Dirt Golf ~.:..;: Joggers Sales & Vendors Feed Ducks # Cars; 8B #53 #51 #1 #0 :I People: 10S #67 #63 #1 #0 12 pm 178 Lot - ~- 13 Dirt 2 pm 157 Lot ;) fr1t- Iv frl\ 3 Dirt Gofl Rest Joggers Sales & Vendors Feed Ducks # Cars: 73 #66 #81 ;:0 #10 ;: People: 91 #77 #96 ;:0 #19 4 pm 163 Lot 9 Dirt . S3 6pm 175 Lot l~ II 11 O'r1 '1 f .. ..' ---,_.~,.~'..._~,"."--~-"- Thursday 6 am L 10 am .\ Golf Rest Joggers Sales a. ....-oldors Feed Ducks # Cars: 147 #31 #103 #2 #0 # People: 163 #40 #113 #2 #0 7(-Cars in parking lot at Gam 22 Lot 4 Dirt 8am 156 Lot 8 Dirt lOam 202 Lot Ie) At4t - J. f tlo\ 3 Dirt Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 91 #42 #22 #3 #3 # People: 101 #61 #40 #3 #G 12pm 163 Lot 4 Dirt J.rA - (; ftvl 2pm J~Lot I Dirt Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: B6 #41 #41 #0 #9 # People: 100 #53 #201 #0 #14 4pm 157 Lot 3 Dirt 6pm 157 Lot 13 Dirt Friday 6 am - 10 am Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 197 #52 #171 #0 #0 # People: 206 #60 #193 #0 #0 ,*Cars in parking lot at 6am 42 Lot 10 Dirt 8am 196 Lot 13 Dirt ID/tjll( - d.f/t'. lOam 201 Lot 5 Dirt Gall Rest Joggers .,.- Sales.& Vendors Feed Ducks # Cars: 101 #91 #31 #4 #7 # People: 120 #102 #40 #4 #16 12pm 189 Lot 8 Dirt 2pm 152 Lot ;;""'-bfl'r\ 6 Dirt Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 80 #63 #51 #0 #13 # People: 87 #71 #60 #0 #27 4 pm 160 Lot 1 Dirt 6pm 150 Lot 2 Dirt Saturday 6 am - 10 am Golf Rest ( Joggers Sales & Vendors Feed Ducks # Cars: 178 #74 #194 #0 #0 # People: 190 #98 #211 #0 #0 *Cars in parking lot at Gam 106 Lot 6 Dirt '- , Bam .~ 160 Lot 14 Dm lOam 205Lol lOAM - J..fi"/l 7 Dirt Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 121 #68 #87 #0 #14 # People.: 139 #81 #101 #0 #30 12 pm 189 Lot --~-~., 4 Dirt 2pm 193 Lot j).p/l'.. - !,ff,l, 1 Dirt Golf Rest Joggers Sales & Vendors Feed Ducks # Cars: 75 #32 #30 #10 #10 1/ People: 89 #46 #41 #21 #21 4pm 157 Lot 7 Dirt J81 54 6pm 127 Lot 17 (,-, 1 Dirt ,,~,..,I ~y"" " .. ~--",~",~-~-"~".,-~"--",~,--"~"-'~'-" ,.' (o' "35- /.."./ .':;>,.;J This page blank. ... 60 Is? COUNCIL AGENDA STATEMENT \ \ " /)11 Ik-JlIi1EJJT 1> . Item 2 {" Meeting Date 4/23/91 ITEM TITLE: Report: Proposal s for Development of City-owned Property at 4400 block of Bonita Road :,. SUBMITTED BY: Community Development DirectorC, REVIEWED BY: City Manage~ (4/5ths Vote: Yes__No-X-) In June 1990, the City issued a Request For Proposals (RFP) for development of the City's 3-acre site adjacent to the Chula Vista Municipal Golf Course in the 4400 block of Bonita Road. By the August 3, 1990 deadline for submission, six proposals for development were received. Two of these proposals have been withdrawn by proponents. The Council reviewed the proposals for development on November 29, 1990, and directed staff to prepare additional financial and development analysis of the proposals. RECOMMENDATION: That the City Council direct staff to bring exclusive negotiation agreement with Joelen Enterprises for hotel on the site. A list of initial negotiating points and clarification are listed as Exhibit "A". forward an development issues for BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSS ION: Of the original six proposals received through the RFP process, two have withdrawn voluntarily. The four remaining proposals are: 1. Mr. Richard Pena, park development 2. Joelen Enterprises, 200-room hotel 3. Odmark and Thelan, 96 senior apartments 4. ADMA Company, 80 for-lease condominiums These proposals are attached as Exhibit B and the original Request For Proposals is attached as Exhibit C. The proponents have been asked to provide brief presentations to the City Council (approximately 10 minutes) and be 'available to answer questions or to provide additional information to the Council. Also attached is Exhibit D, a matrix comparing significant details of the four proposals. Attached as Exhibit E is a financial analysis estimating the financial returns of each of the proposals to the City. An overview of this analysis is provided under the fiscal impact section of this report. SrJ t_ .. \ :?,.; Page 2, Item~ Meeting Date 4/23/91 PROPERTY DESCRIPTION The property is an undeveloped 3 - acre parcel in the 4400 block of Bon ita Road. It is bounded by the Chu 1 a Vista Mun i c i pa 1 Golf Course on the north, Bonita Road on the south, the Bonita Vista condominiums on the west and the South Bay Golf Cl ub restaurant on the east. The property is des i gnated as Visitor Commercial on the General Plan and is zoned C-V-P for visitor service commercial uses with a precise plan requirement. The property is currently used at certain times as a parking area for joggers and walkers using the trail that traces the circumference of the golf course. A map of the site is attached as Exhibit F. A map of the golf course showing equestrian and jogging trails and the golf course property is also attached as Exhibit G. SUMMARY OF PROPOSALS 1. Mr. Richard Pena, park proposal Mr. Pena has described his park proposal as follows: liThe use of the property should be a park for a park's sake. It would be a grassy area, with a meandering sidewal k, and the space broken only by an occasional tree or a park bench. There would be no picnic tables, no barbecue pits, no children's playground, nothing of that nature. It would be a place where one might walk to, perhaps, eat a snack lunch, sit on a bench for conversation with someone, instead of sitting in a stuffy office or merely sit by oneself in a peaceful and pleasant surrounding." Mr. Pena has also indicated that the use of the property as a park could allow the future construction of a building to be used as a 1 ibrary, museum or cultural center. It should be noted that Mr. Pena, in conjunction with Jeff Phair of the Phair Development Company, requested that his proposal be amended to allow the development of approximately 30,000 sq. ft. of office space, with the balance of the property to be used for parkland. This amendment was determined to be an additional proposal received after the August 3, 1990 deadline, and ha~ not been i~cluqed for analysis.in this reportlObvidOUsly, it could be analyzed If the Councll wlshes to have thlS proposal eva uate . Financial Benefits: Development of the site as a park will generate no revenues for the City of Chula Vista and will require a substantial outlay of funds for initial development, estimated by the City Parks Department at $375,000, with continuing outlays for maintenance estimated at approximately $15,900 a year. Financing could be accomplished through Park Acquisition and Development Fees since this area would be of benefit to the general community. Planninq Comments: The General Plan and zoning call for visitor-service commercial uses on the site. ~I -6.. . .. /.....)'\ '-'" ~4 Page 3, Item 21. Meeting Date 4/23/91 2. Odmark and Thelan, 96 unit senior apartment complex Odmark and Thelan proposes to build 96 senior apartment units in two-story, 16-pl ex buildings. Ni nety-six parking spaces woul d be provided under carports. The project is not proposed for development under the City's density bonus program. Instead Odmark and Thelan propose that 20% of the units would be kept at low-income levels (approximately $463 for a one-bedroom and $589 for a two-bedroom, based on San Diego County median income for 1989) with the remaining units to be priced according to the market, $550-600 for one-bedrooms and $675-725 for two-bedrooms. The unit sizes proposed are one-bedroom, 480 sq. ft., and two-bedroom, 625 sq. ft. Odmark and Thelan have an excellent professional reputation and are the developers of the Uptown District and Columbia Place in San Diego. Odmark and Thelan have indicated a willingness to work with the City on resolution of all design and planning issues. Planninq Comments: Because the General Plan and zoning call for visitor commercial use on the site, this project would require a General Plan amendment and a zone change. The Pl ann i ng Department's major concern with this proposal is the density. At 32 units per acre, the project is proposed at the highest density the City will allow in any location under its current zoning ordinance. The Planning Department's opinion is that this project is not suitable for this location. The Pl anning Department has not proposed development of thi s site for res i dent i a 1 use. However, if a res i dent i a 1 use is approved, a high-quality townhouse development with a density of 10-12 units is considered to be most appropriate. Adjacent uses to the west are older residential projects at 23 dwelling units to the acre and 16.8 dwelling units to the acre. The Planning Department cites a lack of amenities within the project as a problem, such as a swimming pool or community center. The proposal does not include public parking for access to the jogging and equestrian trail. Any residential development should be screened and pulled back from Bonita Road and the generated traffic noise, with significant internal open space and a well-landscaped setback. Financial Benefits: The developer's proposal is to pay the City $720,000 cash upon issuance of bui 1 di ng permits for the project. The developer also proposes that the City would participate at the rate of 25% upon sale of the property. An analysis of the proposal, assuming the sale of the property in year ten, estimates the total financial benefit to the City is at $869,546.48. 3. Joelen Enterprises, 200-room hotel Joelen Enterprises proposes to build a 3 1/2-story upper mid-level hotel with 200 rooms. The hotel proposal would include amenities such as pool, spa, tennis courts, 14,000 sq. ft. of meeting and banquet space and restaurant facilities. . S1 ') I,., l'1cJ Page 4, Item '2 (., Meeting Date 4/23/91 The developer proposes that the hotel would include the City's 3 acres and also the add i t i ona 1 4 acres currently occupi ed by the golf course restaurant parking lot and pro shop. This proposed master planning was suggested in the RFP, which called for "land uses (that) should blend with and complement the existing restaurant/lounge and golf course uses." The 4-acre area is owned by the City and leased to the American Golf Corporation for operation of the golf course. American Golf has stated its interest and support for the hotel development proposed by Joel en Enterprises. To date, officials of American Golf have declined to state the extent to which they would commit resources to the development or to. the golf course. However, they have said that their participation in such a project would include a substantial upgrading of the existing golf facil i ty. According to Joe1en Enterprises the target market for the hotel would be a mix of upper and mid-level business and professional groups, and individual and family travelers. Joelen states that 90,000 guests per year are anticipated and that the hotel would employ 170-185 people. Joe1en has indicated a willingness to work with the City on the design of the project and to provide parking for public access and museum space for a possible Bonita historical exhibit. Joelen is currently developing the 450-room Lowes Coronado resort adjacent to the Coronado Cays in the City of Coronado. Joe1en has indicated that a potential exists for linking a Chula Vista golf course resort to the Coronado resort. Plannina Comments: The Planning Department favors a hotel development over the other three propos a 1 s. A hotel shoul d be des i gned in a manner consistent with the character of the area, coordinated with the redevelopment of the adjoining four-acre site, and retain an appropriate staging area, here or elsewhere, for the hiking/jogging trail. The development would be in keeping with the existing General Plan designation for the area and the visitor commercial zoning. The development would have the advantage of master planning the City's 3 acre parcel and the adjacent 4 acres. This could provide for a single entrance to the property aligned at Dtay Lakes Road. In the Planning Department's opinion this single access at Dtay Lakes Road is highly desirable. The height and architecture of the proposed structure is a concern to the Planning Department. At 3 1/2-stories and with a contemporary design, the hotel as proposed is generally out of character with the Bonita community. View corridors into the golf course could be des igned, though the Pl ann i ng Department woul d st ill be concerned about the overall height of the structures. Financial Benefits: The financial benefits accruing to the City from the Joe1en proposal are estimated by the developer to be substantial, being in excess of $1 million per year at project stabilization. It should be noted that this estimated benefit is predicated on market assumptions which need further study. The developer assumes an average room rate of jjf ; (PO I L/ I Page 5, Item ~t- Meeting Date 4/23/91 approximately $135 per night with occupancy rates in the 80% range. Whether or not this development can generate room rates at this level and consistently high occupancy rates is a question that must be addressed by a thorough marketing study. This is a point upon which staff, Joelen and any potential lender would be in agreement. The Joelen proposal would lease the City's property for 66 years and i nc 1 ude an opt i on to purchase the property duri ng the fi fth through the fifteenth years. Payments on the lease would be based on revenues generated by the hotel. Development of the hotel would take two to three years, with a two to three year period before stabilization. Joelen has proposed a percentage lease comparable to the lease arrangements used by the San Diego Port District for its hotels along San Diego Bay. Joelen has proposed that the City would receive the following amounts on an annual basis: 6% of room income, 5% of beverage sales, 5% of banquet/meeting room rentals, 3% of food sales, 10% of retail sales, 10% of telephone income. Joelen's estimates of gross revenues and payments to the City appear to be reasonable based upon comparable leases maintained by the Port District with its tenants in hotel properties on San Diego Bay. For example, revenues for the first half of 1990 to the Port District from the 300-room Le Meridian hotel in Coronado were $868,508, not including Transient Occupancy Taxes. Port revenues from the 136-room Half Moon Inn for the same period were $493,164, again not including TOT. Joelen's estimates of the lease value at $3 million also appears to be reasonable, based upon comparable leases given by the Port District and assuming that lease payments continue until at least 2002. Joelen claims stabil i zed annual revenue to the City of $662,087 as a percentage of gross income plus Trans i ent Occupancy Taxes at 8% of room sales for an additional $586,531 for a total of $1,248,618. However this revenue estimate is for the fourth year after development and stabilization, which may be as late as 1997. Assuming a positive marketing study and development of a successful project, the lease proposed by Joelen would appear to be favorable to the City for the generation of revenue at a high level for the next several years. However, Joelen claims that a purchase option included in the 1 ease is necessary to obtain fi nanc i ng for the property. Joe 1 en has indicated that other arrangements to satisfy lenders may be possible, and it is staff's recommendation that the lease exclude a purchase option. The purchase option presents two difficulties: 1) the sale of the 3 acre parcel; and 2) the sale of fee title to the additional 4 acres now part of the lease to American Golf. The purchase option presents the possibility that the City would actually receive a very limited amount of revenue from the project. A scenario can be imagined with development of the project taking two to three years, stabilization taking an additional three years, with the lessee exercising their option to purchase in the ..B/IT ~, I (L( d Page 6, Item 2/, Meeting Date 4/23/91 fifth or sixth year before the City begins to receive the full value of its percentage of gross income generated by the property. Such a purchase would pay the City some determined fair market value for the land. However, this would eliminate the possibility of receiving an ongoing income stream from the project and al so el iminate the City's interest in, and potential for, control of the entry and starting point to its municipal golf course. This sale would also leave the golf course pro shop, restaurant and golf servi ces fac il it i es in pri vate hands as opposed to maintaining some public control through a continuing lease. Other Issues: Museum: Joelen Enterprises has committed to the use of part of the hotel for a Bonita historic museum or display. Joelen has also indicated an interest in working with the community on the design of the hotel and to provide public access and parking for golf and the jogging and equestrian trails. Golf Starts: In order to function as a golf-based resort, the hotel will have to reserve blocks of golf starting times. Joelen Enterprises has stated that the impact of such reservation of golf times for hotel use would be minimal. However, a clear determination of the level of impact that the hotel would have on the golfing public must be made available. Golf Course Imorovements: Development of the hotel could also provide an enhancement for Chula Vista golfers, if done in conjunction with American Gol f Corporation. As was stated earli er, Ameri can Gol f Corporation has indicated an interest in upgrading the existing golf course and improving the golf facilities in the event of the hotel development. The pro shop, restaurant and associated facilities would also be upgraded by the hotel development and the golfing public would benefit from these improvements. 4. ADMA Company, 80 for-lease condominium units The units will parki ng garages. Bonita Road for a acres). Adma Company is a Chula Vista-based firm, with substantial local development experience. Adma has developed property on the south side of Bonita Road and is familiar with the Bonita community and market. be in 3-story buildings over partially-subterranean Adma has also proposed provi di ng the area fronting on public park and 28 public parking spaces (totalling .87 Plannina Comments: Because the property is zoned visitor/commercial, the Adma proposal would require a General Plan amendment and a zone change. At 37.6 units per net acre (excluding the park dedication) this proposal is viewed by the Planning Department as being too dense for the site. It should be noted that the proponent believes the density calculation should be made using gross acreage, including the park area. This calculation yields a density of 26.7 units/acre. A more suitable density . 0~:l, ,i j:;;> I y~,.,,; Page 7, Item 2 , Meeting Date 4/23/91 . would be 10 to 12 units. As proposed, the project calls for direct access to Bonita Road. On this curve at Bonita Road such direct access could be a traffic hazard. If possible the development should share the existing golf course entrance and exit. The 3-story height of the development is a concern to the Planning Department and would not be in keeping with other developments in the Bonita area. Virtually all other developments in Bonita are 2-stories and under. The view corridors to the golf course through the development are a pos it i ve des i gn feature, as is the small park proposed by ADMA. However, the parking for the public does not appear to be directly associated with the park. ADMA has committed to the maintenance of the park and to its development. In the Planning Department's judgment, such a park would most likely be used predominantly by residents of the project and should not therefore be considered as a public amenity. Financial Benefits: ADMA Company has proposed a cash payment of $1 million for the property. Including property tax revenues to be generated by the land and building value, taken at a net present value for 10 years, the total estimated value of the ADMA proposal to the City of Chula Vista is $1,119,151.75. Adma has also indicated a willingness to structure payment as a long-term lease if that is the City's preference. Other Issues: Adma has stated that it would locate a Bonita historical museum within its project. Sweetwater Community GrouDs A joint meeting of the Sweetwater Community Planning Group and the Sweetwater Valley Civic Association was held on January 30, 1991, to review presentations by each of the proponents for development of the Bon ita Road property. The comments by citizens from these groups have been incorporated into this agenda statement and into the staff recommendation. Specific issues raised by members of the two groups were: 1. Concern about a possible loss of parking space on the site for joggers and walkers using the jogging and equestrian trails. 2. Concern about adequate parking for any project being developed on the site. 3. A request to include a Bonita historical museum in the development. 4. A request for appropriate landscape treatment of the project and project entrance, and a request that the entrance to the project be aligned with Otay lakes Road. .. &3 { 4L/ Page 8t Item 2 " Meeting Date 4/23/91 5. Concern about impact of any development on the golf course. 6. Concern about traffic to be generated by the project. 7. A request that drought-tolerant landscaping be used. 8. A request that any development preserve and enhance the existing trail system. 9. Concern about the possibility of having any kind of commercial use on the property including a restaurant. Parkina for Golfers and Trail Users A major concern of the two community groups is the availability of parking for golfers, joggers and users of the golf course restaurant. A survey of parking use in this area was conducted by the City Parks and Recreation Department in June of 1988. This survey and results are attached as Exhibit H. The survey was conducted for one week, with all cars and people entering the parking area asked about their use of the area. In addition, at two-hour intervals a count was made of cars parked in the paved area around the golf course restaurant and cars parked in the vacant three-acre parcel now under consideration for development. The survey reveals two important points. First, the available parking area is used in significant numbers by people for access to the jogging trail. The survey shows that the number of cars and people entering the parking area for the purposes of golfing generally exceeds the number of cars and people entering for use of the jogging trail, however, this difference is not great. For example, on the Monday surveyed from 6 a.m. to 10 a.m., the number of cars entering the parking lot for golfing was 174. The number of cars entering for use of the restaurant was 40, and the number of cars entering for the use of jogging was 157. On the same day, from 2:00 p.m. to 6:00 p.m., 116 cars entered for golfing, 7 for the restaurant, and 103 for jogging. As can be seen from Exhibit H, these results are fairly typical across the week long survey. The second important point to be gained from the survey information is that while the existing paved parking lot is heavily used by all three groups, golfers, restaurant users and joggers, the use of the unpaved area for parking is relatively small and, according to the survey, cars parked in the unpaved area often could have found parking spaces in the paved area. The total number of spaces available in the paved area is 213. The survey shows, for example, that on the Friday surveyed between 6:00 a.m. and 8:00 a.mot 42 cars were parked in the parking lot while 10 cars were parked in the dirt. Between 8:00 a.m. and 10:00 a.m., 196 cars were parked in the lot and 13 were parked in the dirt. Between 10:00 a.m. and noon, 201 cars were parked in the parking lot and 5 were parked in the dirt. This pattern - &)~ \! I "'~- '-1~ Page 9, Item ~~ Meeting Date 4/23/91 continues throughout the survey. There are occasions when all 213 paved spaces are taken and the dirt area must be used by cars for parking, however, this need for overflow appears to be limited. Observation of the parking area by City staff in recent weeks has shown that even at peak hours of use, approximately 8:00 a.m. to 10:00 a.m., generally there are sufficient parking spaces in the paved area to accommodate cars now using the dirt area. For example, at 9 a.m. on April 10, 1991, there were 48 cars parked on the dirt. There were also 61 spaces available in the paved parking area. Assessment of Service Costs At the Council's last review of these development proposals, a specific request was made to estimate the cost to the city of providing services to each project. Staff has attempted to invest i gate the costs assoc i ated wi th the projects. However, as an "in-fill" project built in an area with a complete infrastructure, any development on the City's property would result in negligible marginal costs to the City. Costs that would be incurred, such as sewer capacity, would be paid for by fees. These fees are based on dwelling unit equivalents for various kinds of developments. Other kinds of services provided by the City, such as fire and police protection, would be provided with existing City assets and paid for by taxes generated by the development. In an area such as Eastlake or Otay Ranch, it is possible to determine on a large scale the costs associated with a variety of land uses. In these areas, prior to development, consulting assessment engineers are employed to determine as precisely as possible the appropriate fee levels and infrastructure requirements for various kinds of developments. Exclusive Neqotiation Process If the Council selects one of the four proposals, the process for development would begin with an Exclusive Negotiation Agreement. This agreement would be submitted to Council for approval and would give the proponent the exclusive right to negotiate with the City for development of the property. Normally such an agreement runs for 180 days. During that period, specific development, purchase and/or lease points are agreed to and then submitted to the Council for approval in the form of a Disposition and Development agreement. FISCAL IMPACT: The fiscal impact of each proposal is described below. Because some of the developments propose payments in the form of a percentage of operating revenues or with City participation in profits at sale, these revenue estimates will vary by performance of the projects and market conditions. ~ '~i5 I(~h Page 10, Item 2 , Meeting Date 4/23/91 1. Mr. Richard Pena. Dark orooosal Development of park land is estimated by the City Parks and Recreation Department at $125,000 per acre. Maintenance costs are estimated at $15,900 per year. Revenue loss to the City, therefore, for park development is $375,000, not including ongoing maintenance costs. 2. Odmark & The1an. 96-unit senior aoartment como1ex The developer proposes a payment of $720,000 for the City's 3-acres ($5.52/s.f.). The proposal also calls for the City to receive 25 percent of profits at sale. Based upon average rent rates of $500 for one-bedroom units and $650 for two-bedroom units, and assuming a 10-year pay down of an 80 percent loan for project development, estimated City revenues of $141,253.18 are projected. However, the market value of the project at some future date is speculative, and the profits to the City could be higher or lower. Tax proceeds have been figured assuming a valuation of land based on $5.52/s.f. and building valuation based on standard building valuation rates used for permit assessment. Total revenue to the City is estimated at $869,546.48. 3. Joelen Enterorises. 200-room hotel Revenues from this proposal are quite speculative, and are based on a percentage lease. The City would receive revenues from three sources: 1) a percentage of ope rat i ng revenues; 2) Trans i ent Occupancy Taxes of eight percent on room sales; and 3) property and sales taxes. Staff analysis has assumed that 1991-1994 will be required for planning and construction, with the City receiving only property taxes from land and building valuation during this period. Beginning in 1995, we have assumed that the City will receive 25 percent of total estimated lease proceeds. In 1996, we have assumed 50 percent of total estimated lease proceeds, with full payments from project stabilization beginning in 1997. Full lease value has been computed assuming 200-rooms, leased at an average of $90 per room, with a 75 percent occupancy rate. This rate is a conservative comparison with average room rates at resort-type hotels on San Diego Bay. The Le Meridian in Coronado, for example, has average room rates of approximately $165 per night. The Half Moon Inn on San Diego Bay has room rates averaging $110 per night. Revenues in all other categories have been taken from the Joelen proposal. Again, these revenue rates appear to be reasonabl e based on comparabl e Port Di strict 1 eases and revenues from comparable hotels . Actual revenues will vary depending on the success of the hotel at stabilization. . t:~ &;) /47 Page 11 t Item 2./" Meeting Date 4/23/91 Using these assumptions and discounting the revenues back to a Net Present Value yields an estimated lease value of $3,014,339.24. As has been previously discussed, the Joelen proposal includes a purchase option for the 5 - 15th years. If the option was exercised, the City would be paid for its three acres. The City and American Golf would be paid for the additional four acres, with American Golf receiving the largest share because of its long-term lease of the property. Property taxes have again been assumed based on market valuation based on standard permit valuation and construction standards. 4. Adma ComDanv. 80 for-lease condominiums Adma Company has proposed a purchase of the three acres for $1,000,000 ($7.65/s.f.), the highest cash outlay of any proposal. This would be supplemented by property taxes to the City, payment of which has been based on building permit assessment values of construction and on the per square foot land price. Adma Company has proposed a straight purchase of the property, but has indicated a willingness to enter into a long-term lease of the property if that is the City's preference. Including cash payment and revenue from property taxes, the Adma proposal woul d resul tin revenue to the City of an estimated $1,191,151.75. WPC 4696H . &7' I II r: i '"'16 , iJ t( ~ /177&f/fttc#J E' Minutes April 23, 1991 Page 11 of that, he would recom nd that the confidential reports not be released due to the fact that it would give insight to the legal thinking to possible defepses to the moratorium that might be considered. He would recommend that the confidenti eports not b! released at least until a full Council is seated (four months). M (Moore) to approve staff'recommen .0 and not the confidential reports at this time. Motion died for lack of second. 1 with Counc:ilman Rindone voting no. MSC (Malcolm/Moore) to file the repo Councilman Rindone stated the back 0 d info second paragraph after trench access fees n a vote f 4-0 to no dopt a trench access fee based on the recommendation of the City Attome . Third paragraph after A m .on was made Wat the request of Chula Vista Cable during discussions of this itemW to.... He felt this better re esented action taken at that time. Council recessed at 8:50 p.m. and reconvened at 9:03 p.m. City Attomey Booga City Attorney Rudolf was in attendance. 26. REPORT ON PROPOSALS FOR DEVF.LOPMF.NT OF C1Y OWNFD PROPERlY AT 4400 BLOCK OF BONITA ROAD - This report is regarding proposals for de~lopment of a three-acre parcel adjacent to the Municipal Golf Course. Staff recommends that the City Council direct staff to bring forward an exclusive negotiation agreement with Joelen Enterprises for hotel development on the site. (Director of Community Development) Continued from the meeting of 04/16/91. City Manager Goss stated the project began 2-3 years ago and a concern was that the City would be able to maintain and continue levels of service within the City of Chula Vista. He had been directed by Council to look at other sources to develop revenue streams for the City including vacant properties. The City is currently facing a recession and possible cuts from the State Legislature. The construction of the new library will also require operations and staffing which could be approximately three-quarter to one million dollars a year. Lance Abbott, Community Development Specialist, gave a brief review of the request for proposal process. Presentations were made by Mr. Richard Pena, Joelen, Odmark & Thelan, and ADMA Co., Inc. a. Mr. Richard Pena gave a presentation for park development. Councilman Nader questioned the request from Mr. Pena to amend his proposal to include a 30,000 sq. ft. office building in conjunction with Phair Development Company and whether he still requested that it be reviewed. Mr. Pena responded that he would agree to whatever the Council decided. b. William Tucher representing Grubb & Ellis and Josef Citron representing Joelen gave a presentation for Joelen Enterprises for a 200 room golf resort (hotel). Councilman Rindone questioned: 1) what commitment they would make towards hiring local residents, 2) the possible conflict of starting times on the golf course with local residents, 3) whether their company would be interested in going forward with the project if the City did not want to sell the property, and 4) design regarding view corridors. 809 Minutes April 23, 1991 Page 12 . Mr. Citron felt it would be to their benefit to hire local labor and would go as far as possible under federal guidelines in hiring local residents. The plan includes integrating the golf course with their project. American Golf has stated that their booking system works very well regarding other golf courses and hotels. Prime start times for local guests are usually opposite those of the community with peak times during the weekdays. They were interested in going forward with the project and would be flexible if the City would understand the requirements of lenders so that the terms of the lease be such that they would be able to finance the project and have the City work with them on the financing itself. c. John Thelan and Christina Anderson representing Odrnark & Thelan gave a presentation for a 96 unit senior apartment project. Councilman Rindone questioned: 1) the allocated parking, 2) whether transportation would be provided, 3) why the City would want to approve a project with the highest density allowed in the City, and 4) lack of amenities. Ms. Anderson responded that it was their experience that seniors typically had one or no cars per unit. They were currently considering some type of shuttle service but noted that one of the main concerns of the seniors was location to a supermarket, with this project there would be one directly across the street. Managers and seniors stated the most important amenity was a garden setting where they could meet. Resident activities were also provided in their projects. Mr. Thelan stated that the units would be from 550 - 600 sq. ft. which would be approximately one-quarter the size of a single family dwelling. They felt that senior citizen housing represented a fraction of what single family dwellings would be. A swimming pool and sundeck are included in the project. d. Dale Combs, CAPA Architects and Nathan Adler, President of Adma Co., Inc. gave a presentation for 80 for-lease condominium units with a one acre public park. Councilman Rindone questioned: 1) number of employees, 2) would lease versus purchase be acceptable, and 3) additional parking being associated with the park. Mr. Adler responded the number of employees would be approximately ten and they would agree to a lease if that was the City's desire. They would dedicate one acre for the park with twenty-eight parking spaces being set aside for only the park. Mr. Abbott stated that staff had recommended the Joelen project based on the economics of the project and requested that the Council direct staff to bring forward an exclusive negotiation agreement with Joelen Enterprises for hotel development on the site. Those speaking in opposition of the staff recommendation and in support of the park proposal were: George Kost, 3609 Belle Bonnie Brae, Bonita, CA, representing Sweetwater Valley Civic Assoc. Diane Cousino, 1660 Ithaca Street, Chula Vista, CA Carol Hammond, 459 Camino Elvado, Bonita, CA Janell Jones, 16666 Ithaca Street, Chula Vista, CA, Student at Bonita Country Day High School Mike Reber, 159 Camino del Cerro Grande, Bonita, CA Mary Anne Wilga, 5824 Whirly Bird Way, Bonita, CA Sarah Foster, 1344 Rideview Way, Bonita, CA, Student at Bonita Vista High School Suzanne Catanzaro, 372 Camino Elvado, Bonita, CA, Director of Bonita Country Day School Carol Freno, 3703 Alta Lorna Drive, Bonita, CA Bill Ulrich, 4664 Gaviom Court, Bonita, CA Ronald G. Ferguson, 3558 Frisbie Street, Bonita, CA If 70 IS-l Minutes April 23, 1991 Page 13 Tom Pocklington, 3210 Kenelworth Lane, Boni1;a, CA Janay Kruger, 4660 La Jolla Village Drive, Suite 1080, San Diego, CA, submitted written opposition to the staff recommendation and support for the park project. Those speaking in support of the staff recommendation for Joelen were: Jim Biddle, 233 Fourth Avenue, Chula Vista, CA, representing Chula Vista Chamber of Commerce Dick Kau, 3404 Bonita Road, Chula Vista, CA MS (Moore/Ma1colm) to approve the staff recommendation. Councilman Nader felt the staff presentation was premature and questioned why the staff had not studied the proposal for the combination office and park. Mr. Salomone responded that the amended proposal was submitted after the Council had already conducted a workshop, the RFP process had already closed, and staff had evaluated the proposals. They felt that in order to keep the RFP process legal and fair that the project had not responded to the original RFP in time. Council had discretioh to request an analysis of the amended proposal. Councilman Nader stated that if he were to agree with the Joelen proposal that a marketing srudy was needed to determine if the positive fiscal impact projected would be realized. He felt the development of the park and office building would satisfy the concerns of the residents in the area. He would like to have staff evaluate the amended proposal. SUBS1l11JTE MOTION: (Nader) to direct staff to do a fiscal analysis of the Pena project as amended. Motion died for lack of second. Councilman Malcolm stated that over 25% of the developed park land of the City was located in Bonita and the City needed parks on the west side. A decision needed to be made and he could support the Joelen proposal. The ADMA project including the park was also a good project. He was concerned over the ability of Joelen to obtain fmancing. The agreement needed to be tightened up, i.e. guaranteed minimum rent, minimum purchase price, mandatory operation agreement, bonding in quick period of time guaranteeing they will build the project, how many stories, setbacks, view corridors, what type of art they are doing, what are they doing for the museum, how much space will be allocated to the museum, and will they maintain the space allocated. He was ready to move forward and make a decision on anyone of the three projects. Mr. Salomone stated that a marketing agreement would take approximately ninety days. The negotiating agreement is generally six months with an opportunity to extend. Councilman Nader questioned whether the negotiating agreement could be limited to ninety days with an option to extend. He felt that there should be a fall-back position in case the Joelen project was not found to be feasible. He would prefer to go with the park/office project or the condo project. If the motion passed he would not want to be tied into that project any longer than necessary if it was not fmancially feasible to build. He questioned whether Council would support cutting back the time for the negotiation agreement. City Manager Goss recommended that the negotiating agreement be cut back to 100 days or 90 days plus two weeks which would allow time for the study to be completed and reviewed by staff before returning to Council. III 7/ - (;;,;," Minutes April 23, 1991 Page 14 Councilman Rindone felt that it was a de::ision for quality of life. All proposals were outstanding and offered a different approach. He was extremely impressed with the ADMA project with their view corridors, etc. He was prepared to support the staffs recommendation as he felt it was one of the finest projects presented as it not only addressed the 3 + acres but the entire seven acres. Mr. Salomone recommended one hundred and sixty days with direction to staff that they corne back to Council as soon as the marketing study is completed, trying to keep within a 90 day period. MSUC (Malco1rn/Rindone) reduce the 180 day period of the negotiating agreement to 120 days with an option to extend. VOTE ON MOTION: approved 3-1 with Councilman Nader voting no. Councilman Rindone requested that staff work out a lease for the project in which the City retains ownership of the property. He would not consider sale of the property at any time. 27. OTI-IER. BUSINESS 28. CONSENT CALENDAR: None 29. OlY MANAGER'S REPORT{S) a. There will be no City Council meeting 0 Tuesday, April 30th due to Charter provision regarding the 5th Tuesday of the month. A regular City Counci eetingIWorksession will be held on Thursday, April 25th at 4:00 p.m. 30. MAYOR'S REPORT(S) a. Ratification of Appointments to Bayfront Subcommittee MSUC (Malcolm/Nader) to ratify the appointments of the following people to the yfront Subcommittee: John S. Moot (Malcolm appt), William Virchis (Rindone appt), Russ Bullen (Moore a ), LarryV. Dumlao (Nader appt), William Tuchscher (EDC appt) , Shirley Grasser-Horton (Planning Commissio (RCC appt), and Pat Ables (Cultural Arts appt). b. RESOLUTION 16148 REQUESTlNGCOMMISSIONERSOFSANDIEGOUNlFIEDPORTDI CT APPROPRIATE FUNDS FOR FY 1991-92 CAPITAL IMPROVEMENT PROJECfS AND ESTABUSH A STRATE PLANNING COMMITIEE TO DEVELOP A FULL 5-YEAR CIP PROGRAM. 4/5'5 vote required. Councilman Nader wanted to make it clear that the City of Chula Vista should get its "fair share". RESOLUTION 16148 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved unanimously. .7~ 15"3. r.Bonita (jrand (jgffLotfge 1??sort A Project of Joelen Enterprises Josef & Lenore Citron, Owners, General Partners ~., ....~ I .....-w -.a .4 !lrr~II/)1E'"7 '1=" ENA PROPOSAL. UPDATED Table of Contents Transmittal Letter Exhibits: "A" - Updated RFP letter, original dated 8/28/'90 "B" - Land Purchase Offer worksheet "C" - Architects drawings, - (separate submittal, to be shown at meeting) "D" - Lease Percentages & Guide Projections of Average Daily Rates & Occupancies for Years 1 through 1 0 of Operations. "E" - Statement of Estimated Annual Operating Results, Years 1 through 1 0 "F" - Income Projections to City & Developer/Owner Wlder Proposed Lease "G" - Payable to City, projecting income for 66 year lease term 486d1c4Ck::\winword\250\ena'c:ontnts.doc !/Iv 1.51/ :~ ~onita grana (jQ[f Lorfge 9??Sort A Joelen Enterprises Project Josef & Lenore Citron, Owners, General Partners February 23, 1996 The Honorable Mayor Horton and City Council and Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 re: Development by Joelen of the Bonita Grand Golf Lodge Resort, a 250 room golf resort/meetings hotel on a 7 ~ :t Acre parcel fronting on Bonita Road and the Chula Vista City Municipal Golf Course. Dear Mayor Horton and Members of the City Council: We hereby request that the above-addressed consider the enclosed updated proposal on the above-referenced project. Basically, we propose to lease or purchase the property from the City and to develop and operate the hotel. The purchase price offered on the total of 7 acres is $2,212,146.00 or, ifneeded for required additional parking, the offered price on 7 ~ acres is $2,310,812:00. The basis of the purchase option pricing is more fully described in the attached "Exhibit B". The Developers envision closing escrow on the land purchase as soon as the development details are worked out and agreed upon in such a document as the DDA. Alternatively, we would consider leasing the property. As before, the lease payments would be based on percentages of gross departmental income of the 7 principal hotel profit centers. The lease payment schedule would date from the opening date of the hotel. (Outside dates would be set and -agreed upon for the time of constructing and opening the hotel.) It is anticipated that if a lease is worked out from the City, substantial lease revenue will begin only when the hotel reaches its Stabilized Occupancy Year, which typically occurs in this type of development by the 5th year of operations. However, as the schedule shows, there will be substantial TOT revenue to the City from the beginning. Income & Expense projections with expected lease revenues are shown as "Exhibit D". The Developers wish to point out that this proposal is based on their RFP submission in 1990 which was accepted at that time by the Council. The bases of the proposal remain the same as in the original proposal. Modifications are occasioned by two main factors. 1.) In the 5 ~ intervening years there has been an almost revolutionary major transformation in the hotel business. Many of the old taken-for-granted formats and practices have seen major changes. 2.) The Developers have taken part in and been a part of those changes, being personally on the cutting edge of many of the new procedures and 486d1c4(k::\winword\250\ena\EnaOfer1.doc 4000 Coronado Bay Road, f!J Coronado, CA 921.18 II (619) 424-4474' FAX 423-0884 filL! Mayor Horton & Chula Vista City Council Joelen Enterprises Proposal for Bonita Golf Lodge Resort February 23, 1996 Page 2 of 3 Pages technologies. Also they now have the benefit of not only their experience in the design and construction of their $90 million 450 room luxury destination resort hotel and marina, but also of the operation of this property through the critical business years 1991-1996. A change which fundamentally effects the 1990 lease proposal is the drastic shift in hotel's operating numbers today and in how they are achieved. To cite a principal factor in how this has affected the Developer's Loews Coronado Bay Resort, -as it would also affect the operations of the Bonita development-, consider the principal revolutionary practice in business and commerce in this country today: "Downsizing". This is being practiced to sharpen up profitability and to rescue many companies small and large from bankruptcy in today's heightened competitive business climate. But using downsizing procedures on a luxury resort hotel would make it no longer a luxury resort hotel. Such categories as "Four Star" and "Five Diamond" are awarded on Service, (with a capital "S"), which quickly disappears with elimination of a high employee-to-guest ratio. So owners and operators have been finding that the old formulas for leases no longer work. Even the San Diego Port District, on whose hotel leases this lease was based, has had to change their percentages on existing, as well as new leases. However, the Developers believe they have worked out a formula that can work, and that should be found fair to both the owners and the City. The detailed breakdown of the lease proposal and City Income projection therefrom is attached as "Exhibit C". The final decision on whether the project can be developed on leased property or not will involve the possibility of the project obtaining appropriate funding if the land is leased and not owned fee simple. Also supplied will be "Exhibit C", a plan of the hotel developed as Plan "Mark III". The Mark I plan was that which was submitted in 1990 with our RFP response, and was improved and changed to Mark II in 1991-94. Plan Mark III, a completely new.plan has been tentatively accepted and 'frozen' by the developers to be refined into the plan to be built. It consists of 3 double-loaded-corridor guest-room wings, all with golf views, plus a generally circular main building with spokes for its various activities and functions. Also enclosed as "Exhibit A" is an updated reprise of the. original RFP response from 1990. While out of date, this is included as a guide and reminder, to more fully describe the proposed development. In the period immediately following the award of the original RFP to Joelen, the hotel business went through one of its worst times in over half a century. By well into 1991 it became apparent that financing for new hotels had dried up, and it was thought that it would not reappear for at least 5-6 years. The Developers went to the Director of Community Development and stated that, under the circumstances, they could no longer in good conscience indefinitely tie up the property. "75 ISG Mayor Horton & Chula Vista City Council Joelen Enterprises Proposal for Bonita Golf Lodge Resort February 23, 1996 Page 3 of 3 Pages They were encouraged however, to remain available for development of the property with a hotel when funding would again be obtainable. After being approached for several years by members of the Chula Vista business community with encouragement to revisit the idea of doing the project, the Developers had a number of discussions with the City Manager and City Staff members about the possibility of raising moneys to build the project with City-backed Taxable Municipal Bonds. Contact was made with several large bond underwriters, and a fair degree of interest was demonstrated. The idea evolved that a combination of a bond issue and conventional funding would probably work. By 1995, conventional funding sources began to appear again, sooner than most people had expected, and the Developers began to be contacted by people with access to financing who had heard of their success in Coronado, and expressed possible interest in providing funds for our hew golf-resort project. It has been found that while there is a good degree of interest in the idea of an upper- middle-level new golf resort in the San Diego area, one of the principal challenges faced by the Developers has been (and looks to continue to be) in selling Chula Vista as the location for the project. The demographic circle of draw for a property such as this will be in particular Southern California, and generally the entire country. Plus many foreign countries. Relatively little of the growth and development of this city in recent years is known outside of its borders. The name of Chula Vista conjures up negative images in the minds of some, even many local residents of San Diego city and county. Much is needed to be done in the way ofP. R. for the City to attain its deserved place in the roster of desirable cities to visit, as well as live and work in, of Southern California. The biggest step in this direction will be when the City corrects one of its great deficiencies, -that of not having any hotel within the city, let alone a resort-, by the building and opening of this first class resort hotel on the municipal golf course on Bonita Road. We enlist the support of the Mayor and Council of the City of Chula Vista in our efforts to correct this egregious lack. Sincerely, Josef A. Citron, General Partner JAC:ja encls. Lenore S. Citron, General Partner #7& 1<:""7 i-.-,) I............ .... ..................... ...........-............ ............................................... ....................... ........................ ::::::::::::::::::;:;::::=::::::;:::;:::::::::; ....................... ........................ ....................... ........................ ....................... ............. . ...... . ............... .................................... . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................... ................................... . ,"~"'W I {~~jb. :t;tlPtt~#.t(;;:{: :::tii~i.l:QX~px} iBonita grana (j!!fj !R..esort A Project of Joelen Enterprises Josef & Lenore Citron, Owners, General Partners February 23, 1996 (Original Document Dated August 28, 1990) The Honorable Mayor Horton and City Council and Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Attn: Mr. Dave Gustafson, Assistant Director, Community Development re: Response to RFP for Development of Property on 4400 Block of Bonita Road Dear Mayor Horton, Council Members and Mr. Gustafson: The following are excerpts from the original RFP response made by the undersigned. It is submitted simply as a quick aid and update on the history of this project. It is not so much what has changed, as what hasn't, and it is submitted in the hope that it will save some time. This response to your RFP for the above-referenced prope~y is made by Proponents: Josef A Citron and Lenore S. Citron, DBA Joelen Enterprises, a California Partnership established in 1972, and whose business address is: 4000 Coronado Bay Road Coronado, CA 92118. Phone: 619/424-4474 FAX: 423-0884 Proponent, Joelen Enterprises, considers an essential element of proper improvement of the property to be the master-planning of the subject vacant 3:!: acre property together with the adjacent contiguous 4:!: acres to'the East; which presently is improved with a 486dx66-c:\mydocu-1 \250lrfp\8r28redo.doc 4000 Coronado Bay Road. Coronado, CA 92118. (619)424-4474. FAX 423-0884 '77 Hon. Mayor Horton and Council Members Bonita Golf Lodge Restatement of RFP Response February 23, 1996 Page 2 of 4 parking lot and restaurant-cum-c1ubhouse. The completed new improvements would consist of a low-rise upper-mid- level luxury resort hotel with approximately 200-250 rooms with an average each of approximately 400 square feet, plus circulation, public areas, and back-of-house, (hotel operational areas). The buildings will comply with the existing height restriction of 3 1/2 stories or 45 feet, and ground coverage of 40% or less. In short, it is Proponents intent to follow all regulations and requirements, as they understand them, presently in place in this city, for the C- V - Visitor Commercial zoning of this property. Included will be an upscale food and beverage facility, pool and sundeck, spa, sauna, exercise room, sundry shop, about 17,500 square feet of meeting and banquet facilities, two tennis courts, appropriately lush landscaping and the requisite loading and parking facilities. Again, it is felt that an essential and proper use of the subject land will be a combining of the property to the East, so that the total improvements will include the golf clubhouse, pro shop and appropriate "19th tee" facilities in the new structures. The plans will provide for suitable easements for the existing jogging and equestrian paths -which proponent, Joelen Enterprises, feels is a necessity to maintain the charming rural character of the site- plus a proposed bicycle path. A concern of Proponents was the need for a means to handle local and other storm water from properties to which this property (including the golf course) is servient, for the total site, and they are experiencing a cooperative effort between the owners of the relevant land, County as well as City, who have informed them that the work will be done before the end of this year. The hotel will be designed to attract principally a mix of upper mid-level business and professional groups, as well as individual and family travelers Market study has borne out that a motel or lower-quality hotel would be a misplaced improvement on this property. As the site adjoins the golf course, full advantage will be taken of the vista of this attractive property from the hotel. The exterior architecture will be warm and woody in a contemporary manner to blend well with the horsy/sporty/outdoorsy nature of the course and parks to the North, while turning a neighborly face to the existing commercial uses to the South. Proponents' adherence to a residential feel in their hotel development will also make this hotel a good neighbor to the residential use to the West and other nearby properties. San Diego County area hotels average between 60 to 70% group business, and this hotel will be no exception. Not being on a freeway makes the site ill-suited for a motel, as stated above. Absence of an adjacent major business or industrial center also makes the site inappropriate for a commercial hotel. S-7S rs-q Hon. Mayor Horton and Council Members Bonita Golf Lodge Restatement of RFP Response February 23, 1996 Page 3 of 4 Therefore, proponents have adjudged the site suitable for a property attractive in large part to smaller groups of ten to 250 wishing to hold corporate and other business meetings, seminars, incentive vacations, conferences, clinics, symposiums and other similar assemblies during their stay at the hotel. The majority of these functions are held from fall through spring of the year. A primary reason for these groups to assemble at this hotel is the golf course, and arrangements are in the process of being worked out with American Golf, the operator of the course, to accommodate this business. The facilities will also attract the upper end of the local affairs, engagement parties, weddings, Bar Mitzvahs and the like, as well as locals using the restaurant, bar, and other facilities of the project. Proponent, Joelen Enterprises, . and the City of Chula Vista had previous experience of each other in 1979-80 when Proponents built the "Briarwoods", a 169-unit condominium project at 54 and Briarwood Road. More recently, Joelen has spent the last two years processing and preparing for development and sale a Redevelopment Project they have named TIie tJ3roa4way tJ3usiness1f.otnes. (We're sure recipients of this package are all familiar with that project, so we need spend no more time here describing it.) The developers chose: C. W. Kim, noted local hotel designer, as architect for this project as they did for their Coronado Resort Hotel. Most San Diegans recognize Kim as the creator of much of the City's newer water-skyline buildlings, including Columbia Center, the Emerald-Shapery Center now-Windham hotel, the Marriott Hotel, etc. It is. felt that in the period since the original of this document was written, the Proponents herein have demonstrated their abilities to successfully process, plan, arrange financing, build and operate a four-star luxury resort more than double the size and scope of this project, and in an exemplary manner. They are quite willing to have their qualifications, capability and competency judged by their local achievements. Financial benefits of the project to the City include: 1. Income from the lease payments and/or purchase price of the land; (See Exhibit "B".) 2. Transient occupancy tax on all rooms; 3. Sales and use taxes from retail and food and beverage sales. 4. Projected increase in business and sales taxes from nearby retail outlets as a result of the projected average of over 100,000 guests per year, plus local business that will be attracted to the site. .71 I~O Hon. Mayor Horton and Council Members Bonita Golf Lodge Restatement of RFP Response February 23, 1996 Page 4 of 4 5.) Increased income to the City from the present golf operation as a result of the capacity business that will be generated at the course by the hotel. 6.) It is expected that over 250 people will work on the construction and furnishing of the hotel over about a two- year period. Then, approximately 200-250 people will receive permanent employment when the hotel opens, in management, reservations and reception, bookkeeping, bell staff, food and beverage preparation and service, housekeeping, maintenance and groundskeeping, security, and other jobs. Hotels, especially resort types, have proven to be excellent sources of training for young people learning a lifetime trade or profession, where there has traditionally been good opportunities for moving up as high in the worldwide hospitality industry as one's skills, desire, and willingness to work can take them. Let us assure you that we have been addressing the concerns of residents who believe their status quo will be challenged by a resort hotel in the city, by the golfers who are afraid their quiet enjoyment of play on the course will be taken away, and other similar upsets of which the Mayor and Council Members are all too aware. We have visited the issues with American Golf, who assured us they are familiar with the vocal minority who play the many courses they own and/or manage. They have told us they have a number of very similar situations at other courses with older, new and proposed hotels, and that they are confident that we can work together to satisfy the concerns of the majority. For instance, the hotel group guests principally book months or years in advance, and primarily play in the afternoons after their morning meetings and seminars. The hotel guests expect to pay more greens fees than residents, and often take a shorter time on the greens than average. The larger affairs are almost all in the evenings, and 'we will work with the adjacent shopping centers for some use of their parking lots for late-shift hotel staff. There is much more, and we will continue to work with the City on all issues. We wish to express our appreciation to the officials, staff members, as well as the many residents of the City of Chula Vista who have kept their faith in this project, who have supported us and worked on getting the project to the beginning point. We stand poised, ready to work on with them, and all the members of our team, to see this project become a successful reality, moving forward into the 21 It Century with the City of Chula Vista. Sincerely, JOELEN ENTERPRISES Josef A. Citron, Lenore S. Citron, General Partner General PartnereJAC:ja .!JJfIt go ( ~ ( ~ * """"' ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 'V 'V cO 0 N 0 N 0 (>') (>') '<:t 0 T- O T- ~ 0 (>') (>') T- O <X) 0 <X) ~ 0 (>') (>') N 0 <X) 0 <X) ~ 0 (>') (>') T- O r--. 0 r--. ti O. (>') (>'). N Lt) ('I) 0 ('I) ~ T- T- N N T- T- T- N ~ ~ ~ ~ ~ ~ ~ ~ -- + II II + II ~ II ~ t3 en en ~ .at> ~ c: ~ ~ ~ () () C> CO 0 CO E c: CJ) 0 r--. c: CJ) 0 Lt) ~ W 0 ... 0:: 0 E W E r-...: CO 0 0 0:: Q) c.. () 0 () Cl "0 ~ 0 E ~ Q) l() .0 ci Q) - "0 .. r--. 0 r--. u.. 0 Cl "0 !:'l ..... ~ 0 - 0:: en 0:: T- O 0 0 ... 0 ~ ..... lJ.. () J2 lJ.. en 0 0:: en en en Q) 0:: () en () W Q) ~ ~ c: W en lJ.. -' () () CO lJ.. ..... en lJ.. 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AMOUNT fE&;.EML 1 Forgiveness Yr $0 $399,400 2 Minimum Yr $25,000 $25,000 $507,900 3 Departmenlallncome $35,000 $10,000 140.00% $595,300 4 %-AGES X's 10% $50,581 $15,581 144.52% $692,600 5 20% $111,162 $60,580 219.77% $763:300 6 25% $149,848 $38,687 134.80% $824,500 7 35% $222,329 $72,480 148.37% $874,400 8 45% $298,409 $76,081 134.22% $913,000 9 55% $382,856 $84,447 128.30% $958,700 10 62% $448,720 $65,864 117.20% $1,006,600 11 100% $466,669 $17,949 104.00% $1,046,864 12 100% $485,336 $18,667 104.00% $1,088,739 13 100% $504,749 $19,413 104.00% $1,132,288 14 100% $524,939 $20,190 104.00% $1,177,580 15 100% $545,936 $20,998 104.00% $1,224,683 16 100% $567,774 $21,837 104.00% $1,273,670 17 100% $590,485 $22,711 104.00% $1,324,617 18 100% $614,104 $23,619 104.00% $1,377,602 '19 100% $638,668 $24,564 104.00% $1,432,706 20 100% $664,215 $25,547 104.00% $1,490,014 21 100% $690,784 $26,569 104.00% $1,549,614 22 100% $718,415 $27,631 1()4.00% $1,611,599 23 100% $747,152 $28,737 104.00% $1,676,063 24 100% $777,038 $29,886 104.00% $1,743,106 25 100% $808,119 $31,082 104.00% $1,812,830 26 100% $841,285 $33,165 104.10% $1,885,343 27 100% $874,935 $33,651 104.00% $1,960,757 28 100% $909,022 $34,087 103.90% $2,039,187 29 100% $943,492 $34,470 103.79% $2,120,754 30 100% $978,290 $34,798 103.69% $2,205,585 31 100% $1,O~ 5,385 $37,096 103.79% $2,293,808 32 100% $1,054,942 $39,556 103.90% $2,385,560 33 100% $1,097,135 $42,193 104.00% $2,480,983 34 100% $1,142,157 $45,022 104.10% $2,580,222 35 100% $1,190,215 $48,058 104.21% $2,683,431 36 100% $1,241,536 $51,321 104.31% $2,790,768 37 100% $1,296,365 $54,829 104.42% $2,902,399 38 100% $1,354,968 $58,604 104.52% $3,018,495 39 100% $1,417,638 $62,669 104.63% $3,139,235 40 100% $1,484,689 $67,051 104.73% $3,264,804 41 100% $1,556,466 $71,777 104.83% $3,395,396 42 100% $1,631,550 $75,084 104.82% $3,531,212 43 100% $1,710,085 $78,535 104.81% $3,672,460 44 100% $1,792,222 $82,136 104.80% $3,819,359 45 100% $1,859,520 $67,298 103.76% $3,972,133 46 100% $1,910,052 $50,532 102.72% $4,131,019 47 100% $1,959,995 $49,943 102.61% $4,296,259 48 100% $2,009,233 $49,238 102.51% $4,468,110 49 100% $2,057,648 $48,415 102.41% $4,646,834 50 100% $2,105,122 $47,474 102.31% $4,832,707 51 100% $2,153,476 $48,354 102.30% $5,026,016 52 100% $2,202,942 $49,465 102.30% $5,227,056 53 100% $2,253,543 $50,601 102.30% $5,436,139 54 100% $2,305,306 $51,764 102.30% $5,653,584 55 100% $2,360,617 $55,311 102.40% $5,879,727 56 100% $2,419,672 $59,055 102.50% $6,114,917 57 100% $2,482,685 $63,013 102.60% $6,359,513 58 100% $2,549,886 $67,201 102.71% $6,613,894 59 100% $2,621,525 $71,639 102.81% $6,878,449 60 100% $2,697,872 $76,347 102.91% $7,153,587 61 100% $2,779,218 $81,347 103.02% $7,439,731 62 100% $2,865,881 $86,662 103.12% $7,737,320 63 100% $2,958,201 $92,320 103.22% $8,046,813 64 100% $3,056,548 $98,348 103.32% $8,368,686 65 100% $3,161,324 $104,775 103.43% $8,703,433 66 100% sa 272 960 $111,637 103.53% ~~ SBll.6~J.Bllll. TOTAL TOT lliR.lY.1.ill TOTAL LEME 1D.a.~J!all GRAND TOTAL tlli.lli.IU~ r~IlOX6G:C:\123R5WI25 CIINCEXP\35M L9~,55JWK4!Ml~~~~"~lil~.I~ (6 37 It.. 8 , This page blank. /il--gg r /1:-:;"/ t) RETAIL PROPERTIES GROUP, INC. . Cornmercial Real Estate Services March 6, 1996 ), I /}Tl;Jt!/lnlEJIT e: Mr. Dave Gustafson CITY OF CHULA VISTA - COMMUNITY DEVELOPMENT DEPT. 276 Fourth Avenue Chula Vista, CA 91910 RE: POTENTIAL BONITA ROAD SHOPPING CENTER DEVELOPMENT Dear Dave: In reference to our conversation last week regarding the upcoming Council meeting to determine the status of the above captioned site, I would like to formally reiterate my continuing interest in developing a high quality retail development on the parcel. My proposed project is an approximate 40,000 square foot retail center to be located on the western three acres of the property featuring an upscale tenant mix and extreme upper end construction standard. Some of the retailers I have contacted whom have indicated preliminary interest in this project include Boney's market, Trader Joes, Starbucks Coffee, Brueger's Bagels, Boston Market, The Juice Club, Super Crown Books and The Soup Plantation. My company could also easily, if preferable to the Council, fit our retail development plan around the entire seven acre site and include an area for the golf course pro shop, clubhouse, golf cart housing and create a overall golf theme for the retail center. As you are aware, I attended and addressed the City Council regarding this project at a Council session in March of last year. At that meeting the Council decided to negotiate an agreement with the Citron's for construction of a 35 Million dollar hotel development based on a two year timetable. This timetable was to be negotiated with certain benchmarks and, specifically, a built in benchmark for the financing of the project. A year has now gone by and there is still no official City Council approved agreement between the City and the Citrons and, as a result, no benchmarks have been officially set or achieved. It's important to note that the Citrons have had a virtual exclusive lock on this site since 1990 and first submitted a preliminary market report in 1991 prepared by Pannell Kerr Forster. My interest in this property throughout this process has not been to discourage or undermine the Citron's proposed project but rather to facilitate the best use of the parcel to enhance this city. Myself and my family have been residents in Bonita of over twenty years and we take tremendous pride in our community. As we have stated publicly at council meetings in the past, we would prefer to have the hotel built on this site, however, we have recognized for some time that the realities of the marketplace LA JOLLA CORPORATE CENTER 3252 Holiday Court, Suite 110 · La Jolla, California 92037 Telephone (619) 453-9990 Fax (619) 453-9965 Aft1 170 Mr. Dave Gustafson March 7, 1996 Page Two do not support a development of this nature. This assertion is backed up by the total lack of financing for the past seven years for this project. In contrast, my project will need no financing contingency as I already have complete money commitments to build this project for cash from several prominent Chula Vista and Bonita citizens. Dave, please review this proposal and accompanying documentation regarding the proposed retail development and forward them to the council for review prior to the meeting. I appreciate your help and look forward to seeing you Tuesday night. Sincerely, RETAIL PROPERTIES GROUP, INC. ~~j)~ Dan Malcolm Vice President Enclosures (g11) 17/ ~ ...... p.., ~ H H en ...... H (I) <: II H ui ~ 0::: 0 1'I :>-< 0::: <: z H ~ H ...... ~ 0::: p.., U) w i= IT w n. o IT n. -.In. -:J ~O wIT ([(!) ~ UI ~ :J 2 o ~ ~. Ii 10 .J I o 0 Il .... ~ ~ ~ Il Ill. :> 2_d u. o > II lid 0 q: Ul q: UI O~: 2a1" ~ I GI +1 0 1'I It. U 1'I 1'I N C" I I I I I w"Etla. UJ l1J l1J CD <{ :J U nY weE "E 0: w l1J 0 l1J <{<{-.J~u.c wm ~~~~ o 0 'Y. w>--.J~-.JO: 1::f--:Jr-.J5t UJumii)<{ll UJ o 0: m w UJ (!J <{ <{ ~ Z 0 (!J I ii) I- UJ UJ w ~ o <{ -.----- ----------.. aa.e.6~ -IDejl . I , ., l ! I ' I 'I r ---~.. .. I .: L-1,LJ_LJ __ r _ -.--.-"...-....~~-.-.,.-_... . ,gal,. +J l.H o II Ul CIl . o 0"' ....., Ul 1-<00 CIl0 ""0 C1:l .. 1-<...... H...... I I , ! I o .... ~-__L__. _, 7,,' o L. I! --'~~"'r~: /l~l':: : ~~' , I J 0 ~ ~:, I. 1,/ J ' iI' 1) ~.~~ ; 1 :' ' :'" <c. s~~nq.IB:lS I 'II II ~~f, 'lia! : spS.q q _ . iU;ld'tU L1Lhl.i.'ll ,QQq. .- UO:lsog 1'I 10 '- , ,~ , ,""'.' . 0.. ...~ '-. '<J I tt$.G$<it ......, ..........".'---/ .~' ! , .-...... . .. - ~'-~........ ~) .. -:~<h'~", ~ ' /". \'- ~. o g it ,5 ~ 9 1 (()f z ./9/ 17~ JI . ~", , .~ · ~ I . ; :. ~ H ! fIr; .~ : i. i ; I.~ Ei . r: - r ~ ~ " ~. ~ ~ ~ ~ ~. ~ ~:' ~ ~: .~ . i . ~ ; f , " i :<I W .. .. : I ~ :. ~ ~ El -- lln ~" ~ i !CD ~ ;:Q. 'c _ ~ . !~ii -..: U) i 0: r :;- ! co: JIJ . ii)! <<B.. ~ " ::J;::Ji m ii co: Z ..... ! i 0 ., ! ,....: OJ! -': ;::; ~! ! -! ! : . . .. i y-..........,.. lJQPlx3 . ..9.. ! If'' . ~. I o ~ ::J (J) 0. LV ::. "'.:." .~.;. III rt m , \. \\ . <1,tL 175 ,. _ .,._~~.c,~.~~.....!.~__._........:-- Retail Development Space For Lease Pepper Tree Plaza 3:!:: Acres Signed Letter's of Iutent: Boney's Market Place Location: Bonita Road and Otay Lakes Road Bonita, California Developer: Malcolm Development Company Site: Approximately 3:!:: acres. Total gross leasable area is approximately 38,685 square feet. Boney's is approximately 22,850 square feet, with approximalely 15,835 square feet available, divided inlo 11,050 square feet non divisible and 4,985 square feet divisible. 1994 Average Household Income. 1994 Median Household Income. 62,425 54,692 3 Mile 5 Mile Radius Radius 140,145 362,945 154,509 392,612 47,992 39,980 42,555 35,235 Demographics: 1 Mile Radius 1994 Estimated Population. 1999 Projected Population. 6,418 7,174 SOURCE: Equifax National Decision Systems. .Data is an estimate by Equifax. Traffic: Bonita Road 32,900 ADT's 1992 Otay Lakes Road 18,900 SOURCE: San Diego Association ofGovemments, May 1994 Traffic Volume Report. ADT's is all abbreviation for Average Daily Traffic. Contact: For further information, contact Dan Malcolm al (619) 453-9990. RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company The information contained herein has been obtained from sources we deem reliable. While we have no reason to doubt its accuracy, we do not guarantee it. "93 ! 7(/ , I This page blank. 139Lj 17> J~~.~ 3 Sweetwater Community Planning Group PO Box 460, Bonita, CA 91908-0460 John Hammond, Chairperson Voice: (619) 479~0665 Fax: (619) 479-1596 e-mail: hammond@ctS.com Mon.thly Meetings: 1st Tuesday at 7pm Bonita-Sunnyside Fire Station 4900 Bon ita Road . ....r~.,:.<.'~. -- ;:T~~r~ ~...;~~:/~, :~~,.. ..,./:!0~;}-': - . . - Sweetwater Design Guidelines Sweetwater Community Planning Area County of San Diego 93 /76 Sweetwater Design Guidelines Sweetwater Community Planning Area County of San Diego Prepared by: Gerald Gast and Daniel Hillmer Urban Design and Architecture with: Kathryn Fulhorst, ASLA, Landscape Architect Project Team: Gerald Gast, Daniel Hillmer, Danno Glanz, Kathryn Fulhorst Sweetwater Community Planning Group: Maureen Hogan, Gretchen Burkey, Uwe Werner, Sandra Henry-Choppin, Antoinene "Toni" Ingrassia, Harriet Taylor, Georjean N. Jensen, John Hammond, Martha McDonald, Pat Mounts, Carolyn McGraw, John K. Riess, Muriel Watson, Robert R. Walters, Sheri Todus Brian P. Bilbray First District Department of Planning & Land Use BOARD OF SUPERVISORS George F. Bailey Second District Susan Golding Third District Prepared pursuant to Sections 5760 and 5799b of the San Diego County Zoning Ordinance by the Department of Planning and Land Use Leon L. Williams Fourth District Reviewed by the Planning Commission on March 15, 1991 John MacDonald Fifth District Adopted by the Board of Supervisors on May 29, 1991 q& // I / Sweetwater Design Guidelines Table of Contents I. The Design Review Process ...................................................................1 II. Sweetwater Community Design Objectives........................................4 Ill. Guidelines for Community Design Review......................................... 9 A. General Design Guidelines Applicable to All Development Projects................................11 A 1. Site Design ...............................................................................11 A2. Preservation of Significant Trees ........................................13 A3. Relationship to Neighboring Development ........................ 14 A4. Archi tectural Character .........................................................16 AS. Hi storie Preserv ation ....................................... ................. ...... 20 A6. Landscape Character ..............................................................21 A 7. S i gnage ............... ............... ....... ............. ............................ ....... 23 A8. Site Li gh ti ng .... ................. ......... ............................ ............. .....27 A9. Building Equipment and Services ........................................ 28 B. Design Guidelines by Development Type..............................29 B 1. Commerci al Development ..................................................... 30 B2. Multi Family Residential Development .............................. 34 B 3. Mobile Home Parks ................................................................ 3 8 C. Design Guidelines for Special Areas ......................................39 C1. Development in Flood Plains and Riparian Areas ............39 C2. Scenic Roads and Trails ........................................................42 IV. Guidelines for Other Reviews ..............................................................45 A. Single Family Residential Development ................................46 A 1. Preservation of Existing Natural Features .........................46 A2. Street. Layout and Design .......................................................46 A3. Hillside Grading and Drainage .............................................4 7 A4. Lot Configuration, Building Setbacks ................................48 A5. Planting Design for Hillsides ...............................................48 B. Community Right-of-Way Standards......................................50 Appendix A. Design Review Application Requirements ..........................51 Appendix B. Plant Selection Guide .............................................................. 55 17 !78 l' " ~ ' >' 1. THE DESIGN REVIEW PROCESS This booklet presents Design Guidelines for development in the Sweetwater Community Planning Area. It is intended to be used in two ways: 1. As standards for Community Design Re- view in areas covered by the "B" Desig- nator Special Area Regulations, and 2. As desirable standards for other types of discretionary project reviews which are not subject to the Community Design Review program. Some of these stan- dards are contained in other County regu- lations. Where that is not the case, the standards must be authorized through appropriate devices before they can be used in project reviews. Community Design Review Section III of this manual provides guide- lines for Community Design Review in areas covered by the "B" Designator Special Area Regulations. Community Design Review in Sweetwater is administered by the San Diego County De- partment of Planning and Land Use as part of the development review process. Projects are evaluated by the Sweetwater Design Re- view Board, a panel of citizens appointed by the County Board of Supervisors. Actions of the Design Review Board are advisory to the various County authorities (Director of the Department of Planning and Land Use, Planning and Environmental Review Board, Zoning Administrator, Planning Commission and Board of Supervisors) who issue decisions on development proposals. . Development Subject to Community Design Review Community Design Review is a required step in the development approval process for the following types of projects located within the boundaries of the Sweetwater Community Planning Area: . All commercial development . All multi-family and duplex residential development. A "multi-family residen- tial development" is defined as a project containing three or more attached dwelling units. A "duplex" is a building containing two attached dwelling units. . The following Major Use Permits where they also require the issuance of building permits for construction or alteration of buildings: planned developments; mo- bile home parks; churches; administra- tive services; clinics; community recre- ation facilities; cultural exhibit and li- brary buildings; group residential and group care facili ties; child care centers; lodge, fraternal and civic assembly buildings; emergency or utility service facilities. It is intended that the Community Planning Group will work with the Design Review Board and the applicant to encourage con- sistency of Major Use Permits with appli- cable Design Guidelines. Pursuant to the County Zoning Ordinance, Major Use Permits for existing County parks are exempt from the design review process. However, the Department of Parks and Rec- reation will give due consideration to the appropriate guidelines in the future devel- opment of County park facilities. The Purpose of Community Design Review Community Design Review is one of several review procedures used by the County to protect the public welfare and environment. The process is a comprehensive evaluation of those characteristics of a development which have a visual impact on neighboring proper- ~ Cff 1-:4 ties and the community as a whole. Commu- nity Design Review makes a careful exami- nation of a project's quality of site planning, architecture. landscape design and important details such as signage and lighting. The purpose is to insure that every new develop- ment will carefully consider the community context in which it takes place and make a conscientious effort to develop a compatible relationship to the natural setting, neighbor- ing properties and community design goals. Sweetwater citizens have strong feelings about the quality of the community's natural setting and rural residential character. The Community Design Review process is in- tended to protect and retain Sweetwater's semi-rural character. Community Design Review is a process based on fair and reasonable standards. The Board will work with the community and develop- ers to weigh all considerations, be flexible when necessary. and do its best to reach fair decisions when there is a difference of opinion. How the Community Design Review Pro- cess Works The Sweetwater Design Review Board evalu- ates development proposals using the Design Guidelines described in this manual as cri- teria. The Board may recommend to: . Approve or disapprove proposals. . Approve proposals subject to conditions. . Request the applicant to re-submit the proposal with specific changes. Decisions of the Design Review Board are advisory to the various authoriti~s .that will issue final decisions on development ap- proval. Appeals of those decisions are handled through normal County planning appeals procedures. Design Review Board members will be in- structed by Department of Planning and Land Use staff on the application of the Guide- lines, the limits of the Board's review, and the necessity for substantiating the Board's recommendation by identifying those appli- cable Guidelines that are satisfied or not satisfied by the development proposal. Steps in the Community Design Review Process 1. Staff Conference Before planning and design begins, the de- veloper or designer is urged to meet with the County planning staff relative to Sweetwater Design Review. The nature ofthe project and site should be described. The planning staff member will clarify review procedures and submittal requirements. Critical design issues and Design Guidelines important to the project may be discussed. 2. Preliminary Review (Optional) This step is optional but highly recommended for large or complex projects and projects requiring extensive grading or alteration of natural features. Preliminary Review allows the developer to meet with the Design Review Board to dis- cuss basic intentions and plans before invest- ing time in detailed design. At this stage, site design. location of buildings, grading, basic form of buildings and landscape concepts are important. Building elevations and other , information may be discussed but should be kept in preliminary form. Preliminary Review is an informal process enabling the applicant to receive input from the Design Review Board and get its opinion on the basic concept of the development proposal. The Board will not take official action or vote on a project until Final Ap- plication and Review. 3. Waiver Considerations Occasionally, on minor projects, the Design Review Board may recommend a waiver of the final application and review requirements. .. cJ9 Projects which may be considered for this waiver include: a. Projects which are minor in nature and preliminary review satisfies the Design Review Board's concern. b. Projects which, if subjected to final ap- plication and review requirements, would not materially contribute to the attainment of the community design ob- jectives. 4. Final Application and Review The one required step in the Community Design Review process, unless a waiver has been granted, is submittal of a Final Appli- cation and appearance before the Design Review Board. Submittal requirements for Final Application and Review are given in this booklet. Applications are filed with the Department of Planning and Land Use. Within S days of receipt of a complete application, copies of the application are transmitted to each member of the Sweetwater Design Review Board. The chairperson of the Design Re- view Board then schedules the item for re- view at the next available Design Review Board meeting and infonns the applicant of the time, date and place for the hearing. Evaluation of the project by the Design Re- view Board is limited to the topics contained in this manual. The Review Board makes a recommendation to the applicable County approval authority, citing specific guidelines to which the project conforms or does not conform. The applicable approval authority also evaluates the project for confonnance to this manual, considers the Design Review Board's recommendation, and renders a decision. The decision may be appealed in accordance with the County's appeal procedures. In the event the Review Board's recommendation is not received within 20 days after transmittal of the application, a decision may be made without a recommendation of the Review Board. Upon making a decision, the County transmits a copy of the decision to the Re- view Board. Guidelines For Other Discretionary Project Reviews Section IV of this manual presents desirable standards for other discretionary project re- views which, where not already incorporated into other County regulations, need to be authorized through appropriate devices be- fore they can be used in project review. In addition, the guidelines presented in Sec- tion III are not necessarily unique to the Community Design Review (B Designator) program. Any of these guidelines might also be applicable to other discretionary project reviews, provided they are authorized through existing County regulations or through fu- ture adoption into the Sweetwater Commu- nity Plan. ~SI('l'Ilm'I~'" NOT .~VIIOl!P eE,",N PI'WJECT N'PM/N. I {\? .....---.. sr"H COH"f~fHU ~1tAN"T l 0'4<:_" ........T WIT>f Perr.~~- ~ HlP VOlO'" ~ [ OE'SIGl'I lU....fW tteQUI UP ~ _,CNrT _..m-. ",LPlN. _m ~"--'..... " ", 1"'f"'L,(IrfrIT , ,~ PlleLIMINM'f ,"! PeC"~ ~ ( ~ew t "':.":---- ."~nrfol- \ (_STV'y.",_._--~ 1'-.=0:"4""" \ I ~ , ;/ w..,.u. '... ---' ~-., ~I ,'i1 ~ /.' u ,'/ ~ ~ oeN,EO __IT - ~ r~ :l'~:--. ~ ... '''':-. ":-'. .,~, ~ --~ -... - _. The Community Design Review Process .' . j{)O II. SWEETWATER COMMUNITY DESIGN OBJECTIVES 1 Sweetwater River Floodplain . Improve and strengthen the Sweetwater River Floodplain as the visual focus of the community. 2 Preservation of Natural Features and Open Space . Preserve and integrate existing natural features into new site development. . Insure strict revegetation standards in new devel- opment. 3 Scenic Roads . Minimize road realignments and widenings, con- sistent with public safety considerations, to Sweetwater Road, undeveloped portions of Bonita Road, San Miguel Road, Quarry Road and proctor Valley Road. . Encourage the careful design and maintenance of scenic road edges. Emphasize Sweetwater's rural residential character and preservation of natural features. 4 Architectural Character . Encourage a rural-rustic character in Sweetwater's new commercial, public and multi-family buildings. . Encourage the use of exterior spaces sucrh as court- yards, verandas, arcades and balconies. 5 Site Planning Principles . Integrate new development with the valley land- scape. . Create wide landscaped building setbacks along public streets. . Minimize the visual impact of parking lots by dense edge plantings and internal tree canopies. 6 Subdivision Design . Encourage subdivision design that is consistent with Sweetwater's rural residential character. M /o! I g ;)..... City of San Diego '..;"'" . Sweetwater Community Design Objectives · /o~ f c"jl :,:. ! lS _" . ~.'" '.' , ~. ",:-:,!'(-~>:,,:,~;-": ',- . ..:~.: ~~.;~."":.' .". .'. . . .. . . - - - - . .. ~ . ~ ...:_-: -,':~'.. ."~ :'-..': '.::;" .':: Sweetwater Design Objectives Sweetwater's natural setting and rural char- acter are a strong source of identity and value to the community. The purpose of the Sweetwater Design Guidelines is to provide clear direction for the Valley's future de- velopment, architecture and landscape de- sign, so that new development and public improvements retain and strengthen the eJl- isting rural-residential setting, 1. Improve and strengthen the Sweetwater River floodplain as the visual focus of the community. . Strengthen the natural open space char- acter ofthe floodplain by minimizing built improvements that are visible from major roads. Recreational facilities built in the floodplain by the public or private sec- tors should be carefully sited to maintain a low profile and accompanied by suffi- cient planting to retain the visual domi- nance of the natural setting. Improve the highly-visible edges of open spaces in the floodplain. . Complete the walking/biking path sys- tem around the road edge, separating the path from roads with a landscaped buffer. . Where opportunities exist, open views into the floodplain from surrounding roads. . Protect the existing riparian areas of Sweetwater River and Central Creek by limiting buildings to essential public fa- cilities. .. /03 2{ 2. Preserve Sweetwater's unique natural setting and landscape character through strong design guidelines to protect natural features. . New development should incorporate ex- isting mature vegetation, drainage courses and topographical features into site de- signs. Whenever possible, existing fea- tures such as groves and open hillsides which reflect the history ofthe valley and community .should be preserved to form special elements or incorporated into the open spaces of new developments. . Require replacement of existing vegeta- tion that is removed for new development. . Site designs should be sensitive to the existing landscape, minimizing grading. . New development should establish link- ages to the existing and planned trail system. . Preserve prominent ridges by siting buildings below ridgelines or setback with sufficient distance to minimize visual impacts. 3. ~aintain and improve the quality of scenic roads throughout the Commu- nity Planning Area. Sweetwater's scenic roads are an important element of the community's character and image. The most important are Sweetwater Road, undeveloped portions of Bonita Road, San Miguel Road, Quarry Road and Proctor Valley Road. Existing natur~l features such as landforms, rock outcroppings and mature trees should be protected along these routes, with new grading and other interventions minimized. Views from the road to the hill- sides and the floodplain areas should also be preserved when siting new buildings and trees. New planting that continues the dominant existing species on a road is encouraged, as are other elements such as rustic fences, stone walls or agricultural artifacts that preserve historic character. Sweetwater Road 4. Encourage a consistent architecture of rural-rustic character. The character of architecture in Sweetwater's new development should emphasize the community's rural atmosphere. Buildings should be informal and inviting. Architec- tural elements characteristic of rural build- . ings, such as porches, verandas, Counyards, pitched roofs, wood and stone walls, and exposed timber beams and columns are en- couraged. ~ 10,/ / f( .c- ......>..".".1 s. Establish strong site planning prin- ciples that integrate commercial, pub- lic and multi-family development with the valley landscape and rural residen- tial character of the community. . An important characteristic of the Sweetwater Valley setting is the feeling of spaciousness that wide landscaped setbacks promote, allowing views through the valley and into the foothills. Land- scaped setbacks from public road prop- erty lines should be established. . Minimize the visual impact of parking areas with dense edge plantings and in- ternal tree canopies. 6. Adopt design luidelines to encouraee subdivision desien consistent with Sweetwater's rural residential charac- ter. Follow design principles that promote a strong relationship to the natural landscape: . Preservation of existing natural features. . Street layout and design that retains the natural landforms. . Minimal hillside grading. . Lot configuration influenced by existing topography and natural features. Variety in lot shapes. . Special landscape design for hillside sites. ~-r-\jo....... ~..-' ....}c:~--^' l.-./) ~ 'So ;l? A.f- r ~"-' ,.....:J ~ ~1.I.J. ' ,t :;.( , . . .-....J ..... "r\:),.:.cw. . ~f~::;,."'" -- .,,--....... .~ \ ,'" ~ - -- - -- II _--' .... .. .......""'--- ~ ~ ,.- ------- _----...;...~J:JI. . - ------ 0..0 w':.w:' .-:-~ - . - . . . .' 7--; , -' ~. . . -. ~. : 1 :i(~ -~.I{ , ., '4~~~ ~ ~ Q ~:1 Q Road Edge Zone J : Public Right-of-Way : [Road Edge Zone I I. Property Line ~ ~ Property Line Landscaped Setbacks 8 ( E,~ III. GUIDELINES FOR COMMUNITY DESIGN REVIEW Introduction This section provides standards for Commu- nity Design Review in areas covered by the uB" Designator Special Area Regulations. It is divided into two parts: A. General Guidelines Applicable to All De- velopment Projects. B. Guidelines by Development Type and Area. This part applies to all projects subject to Community Design Review. This part applies to specific development types. In most cases only one set of these Guidelines will apply to a development project. In the case' of mixed use devel- opments. more than one may apply. ~ I/)5 IKt , A. GENERAL DESIGN GUIDELINES APPLICABLE TO ALL DEVELOPMENT PROJECTS AI. SITE DESIGN PROCESS The quality of site design will be given first priority in the review of development proposals. A project should display sen- sitivity to the natural setting and compat- ibility with its neighborhood context. 1. Site Analysis . Each development proposal should in- clude a thorough analysis of existing con- ditions on and adjacent to the site. An analysis shall include a careful examina- tion of a site's physical properties, natural features, special problems, visual charac- ter and an examination of the neighboring environment. The analysis will assist the Design Review Board in evaluating a development's relationship to existing conditions, neighboring properties and the Sweetwater Community. . Appendix A of this booklet lists specific Design Review Application Requirements that include a Site Analysis. 2. General Site Design Criteria A new development should: . Contribute to the rural character of the Sweetwater community. . Reflect the Community Design Objec- tives. . Be compatible with the natural features, building location and existing open spaces of neighboring properties. . .Respect the existing views, privacy, and safety of neighboring properties. Site Analysis Considerations -/Oh 3. Preservation of Existing Natural Fea- tures . Significant existing natural features should be integrated into new develop- ment to retain the characteristics of the Sweetwater Valley landscape. Existing topography, land forms, drainage courses, rock outcroppings, significant vegetation, and important views should be recorded in the Site Analysis and incorporated into the design of development projects. a. Mature trees . Mature trees should be retained and inte- grated into new developments. This will require careful judgment to determine the value, size and species of the trees rela- tive to the other natural features of the site and the developer's program. This guideline is not meant to stop removal of undesirable trees. . Existing trees over 12 inches in trunk diameter are considered significant re- sources to be preserved. In the case of oak trees, existing trees over 6 inches in trunk diameter are to be preserved. See Guideline A2. "Preservation of Signifi- cant Trees" for definitions and descrip- tions. b. Topography . Minimize grading and alteration of natu- . rallandforms. . Minimize building in areas of flood plain, excessive slope, soil with poor bearing capacity, slide potential and other haz- ards. . Building pads should disturb Ilatural con- tours as little as possible. Balance cut and fill areas. c. Drainage . Minimize surface drainage problems on neighboring 'properties and provide ad- equate drainage on-site. . Natural drainage courses are to be pre- served as close as possible to their natural location and appearance. "Dry Stream" effects which move water over the prop- erty are preferred over channelling or underground methods. 4. Circulation and Parking . Provide a clearly organized circulation plan for automobiles, pedestrians and service vehicles. . Minimize the number of driveway curb cuts onto public roads. Access to parking areas from secondary or side streets is encouraged. . Parking and service areas should be lo- cated and landscaped to minimize views from roads and neighboring properties. . On hillside sites, roads and streets should . be located to preserve the landform of the hill. 5. Internal Site Design . Buildings should be sited to form defined outdoor spaces for activities. Counyards, plazas and outdoor terraces are encour- aged. . Buildings should cluster to form compact groupings around common site spaces and economize in the use of the land. . 10'1 $.''''1 t::. A2. PRESERVATION OF SIGNIFICANT TREES Preserve significant trees as important aesthetic and ecological resources of Sweetwater's community landscape. 1. Definitions . "Significant Tree" shall mean any tree which is in good health and form and is more than 12 inches in diameter as mea- sured 4 feet-6 inches above the root crown. 2. Guidelines . Site development plans should demon- strate that a diligent effon has been made to retain as many significant trees as possible. a. Criteria For Removal . In assessing the number of trees and specific trees that may be removed, the applicant and Design Review Board should consider the following criteria: 1) The condi tion of the tree with respect to disease, danger of falling, and the proximity to existing or proposed structures. Should debate over the health of the tree arise, a licensed nursery,man should be consulted at the expense of the applicant. 2) The necessity to remove a significant tree in order to construct proposed improvements to prevent extreme economic hardship to the owner of the propeny. 3) The topography of the land and the effect of the significant tree removal on erosion, soil retention, and the di- version or increased flow of surface waters. 4) Accepted professional forestry prac- tices, such as the number of healthy trees which a given parcel of land or area can suppon. b. When Significant Trees Must Be Removed . When significant trees must be removed, replanting with species listed in Appen- dix B is recommended. Designers of each site should take responsibility for the correct site conditions required for each type of tree. ;\ A-;/f/) .~ <'.-:::.~;... . ,lJ ti (, l ,~. ~'\2\ A ~/( ..{' ~.,t/t<.Il'''' -,. _....! -.?)'I.\-;';'~/' . ~" J eN} \.tA 'or!;... r .\~),) ~ ,".....' ~C'~' Ju' S.I .1: f.>....-J ~!Q} ~~ r-" j:J)'J' ...~!Y;. .....0 - ~"'(: r.,-r, · }f". 1; , v ~ !. :t':').itf H.,':A ~ ,l ~7.! i;}/O,). ~ UJI':.:lo..< b 'J,r. I" \~,~ l.~~ t\~:'}' e ~I ..1:;: ~~" _u>::' / tJ & ~ tP .,{ ",~ 10\ ,;.. \.( r. f!;l-~ '~T'" ,.;v,.. ."'i:I~ .. \~" ~ , j J" A ~ ' ' ,,~ :I q.. · ~~..\.' ~ ~~ ~ br'" .,. ~ . ,p... '. t f ,." "'S ",~iH \" ,.".: ~'~t. f~lr:1 ......\ L;~~~fro .~ /k..'i;'.'~.' ./"~... ~~1f.. ~/ .:.......~ _,,) ~; ... ~;'" '~\ -" v- . ,'. t"~ ~ .. ~ ' ~ ( . ',' ~Il ~ :l"'" '. '~'.;fi L ~',' '. . "'\ ,l5t .b,~Q,\ -'V ~ .... ...... " i~' "'i ' .:'" ,j, ..t" \ i b:- ~/. /. l ..~~ ,rJ,j.~'; \ ".C'\ 1 _ ~.) t ! r,. n t, ," \1) ~.r-.'- " ~'i:'~'~~.~' .... . ~.. \ I, i,'.' ," -07." \) :t.~ "-:"~" ~ff~' i\ -j ~(\ \ t / \ \ tt..~; ~ ";J -:t "6 ,,~'\:" +- "''',. }. It'; ~ ' \;,.. ,~'lr~oI ;~~ ..~\tll . ~t i~ ~.~~ f',<. ~r ~r" ~II 'lj~"'" I.~,! "';rDi.w~~" )\'i.~V ~~r\~~~~ ~. ~ ~ ~ ~~, - g /pf 19D A3. RELATIONSHIP TO NEIGHBORING DEVELOPMENT All development proposals should be de- signed in harmony with the site plan, open spaces and landscape design of neighbor- ing properties. . Every new development proposal should demonstrate that it has orchestrated care- ful relationships to existing neighboring development. The value, architectural quality and estimated life span of existing improvements on neighboring properties shall be considered in the design of new projects. . Drawings. models and/or other commu- nications techniques presented to the De- sign Review Board must show neighbor- ing buildings and important features of adjacent sites. Perspective views of pro- posed projects and their immediate neighbors. as viewed from the road. side- walk or other public areas, are encour- aged. 1. Site Planning . The site arrangement should respect the placement of buildings and open spaces of adjacent sites. Open spaces defined by buildings on neighboring properties are an effective way of creating visual and functional linkages between two or more developments. . When possible, new commercial projects should have circulation linkages to adja- cent commercial projects. This will re- duce traffic on main roads by reducing ingress and egress traffic. Connections such as shared driveways. pedestrian walkways and joint-use parking areas are encouraged. f!J $ 7::::1 ~ ~. . ',. . PA KeEL, ^ : P A RCf.'-' 5 Circulation Linkages 4i /bq I~, j I~'I 2. Visually Linking Neighboring Devel. opments Site design. building design and planting may be used to define and give continuity to the site spaces of neighboring developments. . Protected courtyards. porches. arcades. loggias. verandas and overhangs are tra- ditional elements of Southern California architecture and give a common theme to many different buildings. old and new, i~: t- . .'J::.t,!. . .. '" .. ..,--... ". ....... .---, ...., '--.. (1;; : : I , .... ._........a-....... I................. t"'.:-.~t).~' .' ...r................C . ..~ .' '1,.J,..i'r" :.. . . -:. '; .;...... .) , ;..,I..J. "'. . t' - . :'~'i.L}l ,'Wr o000}6E\o Q() ~ ~ . '-}. ~ ~ ~ ~'f:..' ; . . : y ; :~ agg Protected Courtyard . Tree canopies are a valuable means of defining outdoor spaces and visually linking a development to the larger Sweetwater landscape. . . . Trees planted in rows along road edges. site boundaries and in open spaces are a common pattern in the Sweetwater land- scape and are encouraged where appro- priate site conditions exist, ,~~> rC:,,:':V ~ r":f" ~:'..: ~ ;~;;: { ~"~~" I (.... ?0~ '/ ... ' ' . . {$ .. ,., ...:-, .~ .. . , .. \. ,.... '.. ' .P~' :,:\,1'" '-:.. ~.,t#J~.. ~ : k ~ ' ~" " .. ' ,'\.~ ~.f'~.". ," eo' " ~~ " '<f-r.~",,-, t0~. " '.' ~ 7 r' I " ..'. ,~..... ,. ," to \ ,. I fI 00 .... A \..: .~ . ..' ..:.l...~ ..~ r ~;(~ "r;~f('"d;'" , \:' ~ . .t". ....'1.-(-t , -: . Ill- .... .. ~'''''~' ~ , I,' ,~ l" ... .. ~.' , , " 'L", ~ ,", ........ \ .',' .;",r . ',' y ~ .. .0" ......':.' '-('w..'.' t.~.. .. " f..' ,'",. -.,:~ ' .."'" . , .. .. "':\ . ,.' ' .' .. ^"",.,., · . r.J..",. ./ ~"..j/~J~ ....:...;/ ~ ~;~"::<:,- /'--:)1' '~ ,,:.' , . -;7' A~-9P Tree masses as edge plantings :' II liD 1.<'1' r < ;- A4. ARCHITECTURAL CHARACTER Sweetwater's rustic buildings develop a rural vernacular with a strong relationship to the valley setting. The following archi- tectural elements are encouraged: . Simple one and two story buildings in earth tones with low-pitched roofs, ac- cented with exposed timber beams, col- umns and details. . Extensive use of courtyards, terraces and other defined outdoor spaces. . Strong shade and shadow patterns cre- ated by generous roof overhangs and careful variation of planes in building elevations. . Architecture in Sweetwater should r.eflect the character ofthe community's landscape and climate. While no one architectural "style" is desired, architectural elements that are rustic and characteristic of rural buildings are preferred. . Standard commercial building prototypes. often repeated by commercial "chains" without regard to community context are not desired. Projects of this type should adapt their designs to the special character of the community. 1. Building Form . New buildings in Sweetwater should con- tinue the dominant pattern of simple one and two story buildings alternating with tree-canopied spaces between them. . The visual contrast between areas of light and shadow gives buildings depth and substance. All buildings should have re- lief created by overhangs. projections. recesses and plan offsets. Large unbro- ken expanses of wall should be avoided. Encouraged Discouraged . Rear facades. ifvisible from public streets or neighboring properites. should be fin- ished in a color and material similar to the principal sides of the building(s) .- /1/ H3 2. Roof Forms and Plan Offsets . Give careful attention to views of roof- tops from adjacent roads and uphill prop- erties. . Gabled, hip and shed roof fonns at a low to moderate pitch are encouraged. Gen- erous overhangs to create strong shadow lines are desirable. For sloped roofs, long unbroken roof lines should be avoided. Changes in roof pitch orienta- tion should be accompanied by plan off- sets on primary elevations. . A large building's bulk may be reduced by breaking the roof fonn into an ar- rangement of smaller parts. There should be a consistency of roof pitch and design among separate roof components. Abrupt changes in eave heights require plan offsets to make transitions between building components. ~ Encouraged ft - " 1 .1// Discouraged . Flat roofs are discouraged except in small and non-visible areas. Flat roof areas visible from adjacent streets and proper- ties should be screened with a parapet. 3. Multi-Building Projects . Multi-building developments should strive for consistency of design among separate structures. . Facades and rooflines should be compat- ible throughout the development in de- sign, color and materials. . Rear facades, if visible from public streets or neighboring properties, should be fin- ished in a color and material similar to the principal sides of the building(s). 4. Building Materials, Texture and Color . Color selection should show evidence of coordination with the predominant use of .color on adjacent properties. a) The following building materials are encouraged: . Exterior Walls - Wood siding - Exposed wood structural members - Brick and stone masonry _ Light colored cement plaster (stucco). _ Split-face concrete masonry with in- tegral color and texture. . //.J-, qJ · Roofs - Wood shakes with thick butts, if treated for fire resistance. - Concrete shingles of eanh tone color. Clay tile of eanh tone color. Metal ribbed roofing (weathered metals and eanh tone colors pre- ferred). - Composition shingles (with thick bults) in eanh tone colors. · Building Base Brick and native stone are encouraged to provide a base for wood building walls, or as low walls used to define exterior spaces around the building. b) The following materials are discouraged: · Exterior Walls - Large areas of glass, unless lo- cated at pedestrian level for store fronts. - High contrast color glazed ma- sonry. - Glass cunain walls. - Plastic materials madeto resemble masonry . · Roofs - High contrast or bright colors - Galvanized sheet metal - Built up roofing, except in small areas - Highly-reflective or shiny mate- rials .------- . . _m_~ ~ ~~ Porches, Entrance Focus & Window Groupings s. Entrances and Window Openings · Entrances - Primary building entrances should be emphasized so that their locations are clear. Porche~, loggias and arbors are helpful to emphasize a building's entrance. · Window Openings - E'xcept at shopfront locations, the area of solid building wall should be greater than the area of window openings. Grouped windows are preferred over single large openings. - Windows should be deeply-recessed to produce shadow lines. . - Two story buildings should avoid veni- cal windows over a single story in height. Window openings less than seven feet in venical dimension are preferred. . //.:3 let 6. Exterior Spaces Defined exterior spaces are encouraged. Outdoor living spaces such as balconies, ve- randas, counyards and loggias connect buildings to their surroundings and invite the movement of people between inside and out- side. PORGIES AND VERANDAS 7. Walls, Fences and Accessory Structures . The following wall and fence materials are encouraged: - Wood and wood rail fences. _ Stone and brick masonry walls. _ Detailed wrought iron fences (for use in gates and other small areas). _ Walls with cement plaster finish. - Wood . The following wall and fence materials are discouraged: _ Chain link or open wire, except when heavily screened by landscaping. - Corrugated metal. _ Bright colored plastic or plastic coated materials. - Reed materials. . Fences, walls and accessory structures should be designed to be compatible with adjacent buildings. Patio covers, green- houses, storage spaces and other ancillary structures should be located and designed to respect views and other special condi- tions of adjacent properties. . Solid fences and walls along public streets can have a negative impact on the streetscape and surrounding neighborhood. These walls should be minimized. When solid walls are used to buffer traffic noise along major streets, the walls should pro- vide a change of plane at a minim urn of 30 foot intervals. 8. Site Details and Furnishings The design, selection and placement of all site furnishings such as tables, benches, bollards and trash receptacles should be compatible -with the overall concept for the site and architectural character of the build- ings. . 1/4 (qb I AS. HISTORIC PRESERVATION Preserve existing significant natural and built elements of Sweetwater's history. The Historic Resources Inventory Sweetwater Valley (September, 1990) is recommended as a reference on historic buildings and sites of the community. A copy is available at the local County Library branch. The Inventory lists potential historically or architecturally significant local sites, but is not considered a final determination of historic designation. An historic site or building can substantially contribute to the character of a neighborhood and the community. An historic site will normally fall into one of three categories: 1. Designated Historic Site . In some cases an existing site or structure may be a Designated Historic Site. In this case there are procedures and laws for pursuing renovation and new construc- tion. The Planning staff of the San Diego County Historic Site Board should be contacted immediately for assistance. The office is located in the San Diego County Department of Planning and Land Use. . The Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Re- habilitating Historic Buildings" published by the U.S. Department of the Interior, National Park Service, should be reviewed and used. 2. Potential Designated Historic Site . If a site is not yet designated but is sus- pected of being historically significant, the following steps should be taken: _ Contact County Planning staff or the San Diego County Historical Site Board staff for assistance. _ Establish the validity of the site's historic significance. Nominate the site for Historic Des- ignation if it so merits. _ Incorporate the historic site and its qualities into new improvements and development as per San Diego County Zoning Ordinance provisions. 3. Other Historic Sites . If a site exhibits a character significant to Sweetwater's history but does not nec- essarily qualify as an historic site for purposes of designation, the following guidelines should be followed: - All older buildings which possess much of their original design character should be retained, if appropriate, and should have additions and alterations completed with "compatible uses" and "compatible designs" as described in the San Diego County Zoning Ordi- nance Division 5718. New buildings which are built on the same site as, or adjacent to, older buildings of historic character should be designed to be respectful of the older buildings. New structures should consider the compatibility of details, materials, textures, colors and landscape features. . 1/5 (,':/- , , A6. LANDSCAPE CHARACTER Planting design should renect the rural character or the Sweetwater River Valley landscape. Protect noodplain and open hillside areas. Plant selection should recognize the im- portance of water conservation and em- phasize drought tolerant plant species. 1. Design Concepts a. Reinforce the dominant planting patterns that define the major open spaces of the Sweetwater Valley: . The floodplain is the open center of the valley with major tree-lined roads at the edges. Riparian plantings within the floodplain areas should be native California vegetation indigenous to the area. Plantings in the floodplain fringe areas may be introduced spe- cies which can acclimate to the site conditions. The goal is to strengthen the natural, open character of the floodplain. . Densely planted road edges wind along the perimeter of the valley and up into the foothills. Sweetwater's scenic roads should be treated as op- portunities to restore the road edge condition of the rural valley land- scape. . The open hillsides that are seen from the valley floor extend the rural val- ley feeling up into the higher elevation residential neighborhoods. The hill- sides are naturally grassy, with trees primarily in washes and gullies. Un- developed hillsides that provide open spaces between developments should be protected. b. New plantings in Sweetwater should be drought tolerant. . All new plantings should be able to withstand a summer with restricted irrigation after an establishment pe- riod of two years. . Turf grasses, shallow rooted groundcovers and high water-using trees and shrubs are discouraged. 2. Plant Selection Appendix B. "Plant Selection Guide" at the end of this booklet lists suggested plant species and their recommended uses. Plants have been chosen b'ased upon the fol- lowing criteria: . Appropriateness for climate zones. Drought resistance. Form considerations: height, branching patterns, density. Maintenance. Aesthetic considerations: flowering, fruiting, leaf color. . . . . II> /I~' I q fJ 3. General Planting Guidelines . All planting plans shall conform to the County of San Diego's "Landscape Wa- ter Conservation Ordinance and Design Manual". . All landscaped areas should have under- ground irrigation systems capable of sus- taining good plant growth. Automatic systems are encouraged. . All planting beds should be mulched with an organic mulch of at least 1.5 inches in depth. . Shrubs are preferred over ornamental ground covers and lawns due to their low water use characteristics. Shrubs are more deeply rooted than ground covers and turf grasses and will withstand drought con- ditions better. . Expanses of turf grasses are discouraged. except in parks or other active recreation areas. . When existing trees are to be retained. they may be counted toward tree planting requirements. New planting requirements may be further adjusted to reflect the size and density of existing trees and shrubs. 4. Public Rights-Of-Way All areas of the public right-of-way between the property line and sidewalk (or street edge) should be fully landscaped with shrubs or ground covers. Trees should not be planted in the right-of-way. 5. Planting for High Fire Hazard Areas . High fire hazard areas include undevel- oped canyons. hillsides. and grasslands where native vegetation has become overgrown. Development within or on the fringes of. these areas is subject to brush fires. . A transition between ornamental land- scaping and native vegetation may be created by selective pruning and thinning native plants and revegetation with low fuel volume plants. Such a transition reduces the readily flammable fuel which spreads fire into developed areas. . Transitional areas can be divided into three distinct zones. The following di- mensions are recommended. but subject to Fire District approval: Zone #1: Minimum 20' wide. Native vegetation which should be selectively pruned and thinned. Zone #2: Minimum 30' wide. Native vegetation which should be selectively pruned and thinned. and introduced fire retardant plantings. Zone #3: Minimum 30' wide. Ornamen- tal non-native species which are fire re- tardant. See Appendix "Btt for a list of fire retardant plantings suitable for high fire hazard areas. Q //7 111 A 7. SIGN AGE Signs in Sweetwater should reflect the ru- ral-rustic character of the valley's archi. tecture. 1. General Design Criteria . Signage design should be carefully inte- grated with the site and building design concepts to create a unified appearance for the total development. Within a de- velopment, signage should be consistent in location and design. . If a proposed sign does not meet the lit- eral provisions of these Guidelines but does meet their intent, the applicant's sign proposal will be considerd by the Design Review Board on a case by case basis. However, it is the responsibility of the applicant to demonstrate the proposal meets the intent of the Design Guidelines. . All signs should be a minimum size and height to adequately identify a business and the products or services it sells. . Signage should be carefully located for safety so as not to block driveway views of oncoming traffic. . Illumination should be projected onto the sign face. The light source should be fully shielded from view. Internally il- luminated plastic signs and neon signs should not be used. . The total number of colors used for in- dividual signs and their sign components should be limited to 3 in addition to black and white. . Typefaces should be chosen for their simplicity and clarity. Signs on older buildings are encouraged to use a type- face which was used during the period in which the building was built. . Sign posts and other structural elements should be made of wood or metal with a white. earth tone, black or natural stain finish. Reflective or bright colors should be avoided. . No sign. other than a sign installed by a public agency, should be placed in the public right-of-way. Rooftop and roof-mounted signs are not permitted. No signs should be located above the eave height or parapet top of a building. at liS ;Joe 2. Recommended Sign Types The following types of signs are recom- mended: . Awning Valance: A sign or graphic at- tached to or printed on an awning's val- ance. . Monument: A sign supported by one or more uprights or braces on the ground. . Projecting: Any sign which projects from and is supported by a wall of a building with the display surface of the sign per- pendicular to the building wall. . I Awning Valence Projecting . Single Pole Hanging Sign: A sign which is suspended from a horizontal arm which is attached to a pole. . Wall: A sign affixed directly to an exte- rior wall or fence. . W~~w: A~prlfiudroM~~~a window. Monument Wall Window Single Pole Hanging .. IIU ~'I I --:-:.;i (J 3. Sign Guidelines By Use a. Sign Measurement . To calculate the area of a sign. measure: 1) The area of the box or outline which contains the sign. 2) In the case of unboxed letters or sym- bols. the area of the smallest rect- angle which would enclose all of the letters or symbols. 3) Only one face of a double-faced sign with parallel opposing faces. and bearing identical copy. shall be used in calculating sign area. Signing and illumination shall be on no more than two opposing faces. ( Sweetwater Food Company J ~asur~ Th~ Sign Box rs---------------- - -- - -- - -- - -- -----, L_W_ce~ ~l!J~~ J~.9Q9__C.QJ!l_P1J,.I] y; Musure The Imaginary Box Sign Measurement b. Sign Size Limits . Commercial Development Where frontage is defined as the length of the property facing the principal street of the development (each project can only have one frontage): 1) For frontages up to 100 lineal feet. the total sign area should be limited to 65 square feet. 2) For frontages over 100 lineal feet. the total signage should be limited to 3/4 square foot of sign area per lineal foot of property frontage. . Letter and symbol height of all signs should be limited to a maximum of 10 inches. . Multi-Family Residential Development _ There should be no more than one sign per multi-family residential develop- ment entry from a public street or road. _ Sign area should be. limited to 10 square feet for projects of less than 25 dwelling units. and 15 square feet for projects with 25 or more dwelling units. _ Sign types recommended: Wall. Monument and Single Pole Hanging Signs. _ Letter and symbol height should be limited to a maximum of 6 inches. c. Guidelines by Sign Type . Monument signs sbould be limited to 4 feet in height. . Single Pole 'Hanging signs should be limited to 6 feet in height. . A Window sign should not exceed 25% of the area of the window on, or behind which, it is displayed. ~ &I' /,;20 :;)0 ~ 4. Prohibited Signs The following signs should not be used in Sweetwater. Public safety signs are excepted. . Pole signs. . Roof signs and signs extended above roof parapets. . Internally illuminated plastic signs. Other plastic signs are discouraged, except where plastic is used only as raised let- ters. . Back lit signs which appear to be inter- nally illuminated. . Portable or mobile signs. . Signs with changing or moving copy. . Neon signs. Small neon window signs under two square feet may be used. but are limited to one per business estab- lishment. . /::L/ ~..(\ ~ ~"".,.J...", AS. SITE LIGHTING Site lighting should be used efficiently to aid safety, security and compliment archi- tectural character. It should minimize in- trusion into adjacent properties, roadways and the night sky_ 1_ General Requirements . All lighting shall comply with San Diego County Zoning Ordinance provisions. . Lighting which interferes with the sur- rounding character of the neighborhood is not acceptable. . Lighting which is visible from adjacent properties or roads must be indirect or incorporate full shield cut-offs. 2. Parking Area Lighting . For commercial areas, overhead lighting should be mounted at a maximum height of 15 feet above the paved surface. . For residential parking areas, overhead lighting should be mounted at a maximum height of 12 feet. The placement of light- ing in residential parking areas should avoid interference with bedroom win- dows. 3. Walkway, Garden and Pedestrian Area Lighting . Overhead fixtures used for pedestrian areas should be limited to heights below 8 feet. Lower mounting heights are en- couraged. . Along walkways, low-level lighting in the form of bollards or fixtures mounted on shon posts is encouraged. Shatter- proof coverings are recommended. Posts should be located to avoid hazards for pedestrians or vehicles. ~ /~2 . ''''"' t'1 L / ....,,';() f A9. BUILDING EQUIPMENT AND SERVICES Locate and design building equipment to minimize visual impact on public streets and neighboring properties. . Trash containers and outdoor storage areas should be screened from view from public streets. pedestrian areas and neighboring properties. The screen for the trash containers should be designed to be compatible with the architectural character of the development and be of durable materials. . In larger commercial developments. ser- vice and loading areas should be sepa- rated from main circulation and parking areas. The development of separate buildings in larger commercial projects does not exclude them from the require- ments of screening trash, loading or ser- vice areas. . Locate utility meters in screened areas. . Exterior surface-mounted conduit and electrical boxes are discouraged. Where they are necessary. they should be de- signed, painted or screened to blend in with the design of the building to which they are attached. . Mechanical equipment. solar collectors. satellite dishes. communication devices and other equipment should be concealed from view of public streets, adjacent properties and pedestrian areas. Dark colored mesh satellite dishes are encour- aged over light colored solid dish types. . Roof mounted equipment should be screened from view from adjacent roads, properties and pedestrian areas. Special attention should be given to buildings whose roofs are viewed from higher el- evations. The design of these buildings should integrate the rooftop equipment into the design of the roof. It is often possible to create a "well" within the structure so that the equipment is sur- rounded by pitched roof forms. . Where solar panels are attached to buildings, they should be integrated into the architectural design of the building. Solar panels which are not attached to buildings should be integrated into the landscape design by using berms. natural slopes or similar devices. Where solar panels cannot be integrated into the landscape design they should be screened from view with fences and/or planting. All plumbing and storage tanks associ- ated with solar panels should be con- 'cealed from view. . Screening devices (rooftop and ground level) should consider the following ele- ments: Architectural screens should be an extension of the development's ar- chitectural character. _ Screen walls should be constructed for low maintenance and durable materials which are consistent with the building's materials. Landscaping should be used to com- pliment ground level screening de- vices. . /~ ""\ l''' (" r:::;;;;\.. ) .;. B. DESIGN GUIDELINES BY DEVELOPMENT TYPE Illustrative commercial development with landscaped edge, tree canopies over parking lots, linked pedetrian walkways and architecture compatible with Sweetwater's rural residential character. . /d-~ ..... r) I' c:;t( ~" Bl. COMMERCIAL DEVELOPMENT Unify commercial development and Inte- grate it with the landscape, minimizing the visual Impact of signs, parking lots and traffic congestion. This Guideline applies to all commercial and institutional development in the Sweetwater Planning Area. 1. Site Planning . Provide a minimum 20 foot deep Land- scaped Edge Zone along all public road frontages. The purpose of this guideline is to develop visual continuity between adjacent developments and create a con- sistent road edge design that reflects Sweetwater's rural residential character. The Landscaped Edge Zone should be interrupted only by driveways, sidewalks or pedestrian areas and trails (See Sec- tion C2). Parking is not permitted in this location. . Give buildings and groups of buildings pedestrian focus by encouraging the use of defined outdoor spaces such as porches, loggias, colonnades and courtyards. These elements provide shade, a transition between indoor and outdoor spaces, and visual interest through shade and shadow patterns. 2. Parking and Driveway Access Refer to San Diego County Zoning Ordi- nance Division 6750 and County of San Di- ego Offstreet Park.ing Manual for require- ments regarding driveway location. . Minimize the number of curb cuts and driveway openings on public streets. . When access to a side street is available, the side street should be used for park.ing lot entrances. . Adjacent commercial developments should coordinate parking plans to allow internal vehicular circulation to lessen traffic flow onto major streets. . Shared or joint-use driveways between separate propenies are encouraged to re- duce the number of curb cuts on public streets. . Locate driveways as far from intersec- tions as possible. ~-""J'-;:"":''!'" "~" h.:-'~"::."Io;~." ..;....... ...:;~..-.: :~,. 'r:.:.:;-t ., ;:...-,. . :. ",,:~;.: r;;7j..::::.." ~:1 ~' ...# ....... .'. J"'_'~~ .... .... ,.. 1.........- ..' ..... ~.... '. ....... . . : 20 Ft. Landscaped Edge Zone (a t all public road edges) · /~5 , dO r, 3. Parking Lot Size . Individual parking areas shall be limited to a maximum of 24 spaces; where more than 24 spaces are required for a devel- opment, separate areas not exceeding 24 spaces shall be designed and buffered by ten foot planted breaks between adjacent areas. 4. Planting Guidelines ~~.2 . '.1 fl~~ '::-i " ....] ~:~ .3 t. :',1 1. Landscaped Edge Zone 2. Side Yard (if reg.) 3. Rear Yard PLAN . See Appendix B. "Plant Selection Guide" for recommended plant species. a. Landscaped Edge Zone . General planting requirements for the Landscaped Edge Zone: Trees: Provide at least 1 tree per 300 square feet of total area of the Land- scaped Edge Zone. Trees should be a minimum of 15 gallons. Shrubs, Groundcovers and Ornamen- tal Grasses: Ornamental grasses and shrub plantings are encouraged to create spatial definition within planting areas. Grasses and low, creeping shrubs may be used in the foreground; larger, coarser shrubs in the background. Blooming shrubs are encouraged. Shrubs should be spaced with "on center" spacing so that branches intertwine after 2 years growth. ~arking Area Edges: Along the street- facing side of parking areas, shrubs and! orlow walls should provide a visual screen a minimum of 30 inches in height. At driveway entrances, shrubs and/or low walls should not obstruct views of on- coming traffic. Trails: Trails should be provided in the Landscaped Edge Zone if the location is so designated in the Sweetwater Ridin~ and Hikin~ Trails Plan. ..0( I I . ~ Landscap-,' RIGHT-OF-WAY ed Frlge Zone ""t PROPERlY LINE Section. Landscaped Road Edge. b. Interior Property Line . Side and rear yard areas should be fully landscaped with a combination of trees and shrubs. Trees: Provide at least one tree per 300 square feet of total yard area. Trees should be 15 gallon size, minimum. . Parking Lot Setbacks Shrubs: Shrubs should provide a visual screen a minimum of 30 inches in height after 2 years growth. For Shrubs in massed plantings, use "on center" dimensioning to space shrubs so that branches inter- twine. It /,;{ c::.' """"". . (, Q>i ) c. Interior Parking Lot Planting . For parking lots greater than 6000 square feet, in addition to all other guidelines, an internal area equal to a minimum of 5 percent of the total parking area should be planted with a combination of trees and shrubs. Tree spacing should be lo- cated so that every designated parking space is within 30 feet of the trunk of a tree. . The parking lot perimeter should termi- nate a minimum of 5 feet from the face of a building or wall. This area should be planted with trees or shrubs, unless used as a pedestrian walkway. " "- , /' ---1- "" ;/ / " ..L--- I \ I ~ '.J y - -- Parking Radius. Every parking space should be within 30 ft. of the trunk of a tree. Parking with planted break Parking with planter or grate I1lustrative Methods of Providing Tree Canopies at Internal Parking Areas · /~7 '1 s. Illustrations of Typical Corner Developments a. Typical Corner Development ~.~ I .. b. Corner Convenience Store or Service Station. PARKING ---Jml a m ~I m m lfQ: ---- ---1 m l MUIUAL A 5 EASEMENI' ~....: ;-.. "0 '.- ~. . .. e /~g diD B2. MULTI-FAMILY AND DUPLEX RESIDENTIAL DEVELOPMENT Multi-family and duplex developments should contribute to the sense of a "neiehborhood" by carefully-relating building frontages and yards to public streets and adjacent properties. 1. Site Planning . Provide a minimum 20 foot Planted Yard setback along all front and side street propeny lines. The setback area should be fully landscaped. interrupted only by driveways. sidewalks and pedestrian ar- eas. Parking is not allowed in this area. . Public rights-of-way should be planted in a similar manner as the Planted Yard setback area, though the use of trees should be avoided within the right-of- way. . Organize as many of the dwelling unit entries as possible to front the street. The use of front porches or entry patios and terraces facing public streets is encour- aged. . Locate the first floor of living spaces not more than one half story above ground level. 2. Group Usable Open Space . Definition: Group Usable Open Space is space for common use by occupants of a develop- ment, normally including playgrounds. recreation couns. patios. open landscaped areas and swimming pools. Parking. driveways and loading "areas are not considered Group Usable Open Space. . Provide all multi-family projects with at le.ast 100 square feet of Group Usable open space per dwelling unit. . Provide at least one designated childrens play area of a minimum 400 square feet for the first 2S dwelling units. Add 10 square feet for each additional dwelling unit. This Guideline does not apply to senior citizen residential projects. . /~j' d.11 3. Private Usable Open Space . All multi-family projects are encouraged to provide at least 100 square feet of Private Usable Open Space per dwelling unit. . The County Development Regulations governing Private Usable Open Space should apply, with the following addi- tional recommendations: Private open spaces on the ground should be a minimum of 8 feet in each plan dimension and should be screened from public view by plantings, walls. privacy fences and other similar methods. Decks used for upper floor private space should have a minimum di- mension of 4 feet. To provide open space on sloped sites. consider terracing to achieve level spaces. Locate private outdoor spaces to re- ceive solar gain in the winter months. Consider the use of deciduous trees to provide a combination of summer shade and winter sun. 4. Parking and Driveway Access a. General Guidelines . Residential parking lots should not be located between the fronts of buildings and public streets. Place parking lots to the rear, side or internal locations on the property. . Garage doors of multi-family buildings should open to the rear or side of the lot and should not face a public street, except in the case of a comer lot and lots with less than 100 feet of frontage. In the case of comer lots, open the garage doors to the side street. On small lots, when it is necessary for the garage to face the major street, reduce the garage door frontage on the street to a minimum. . Buildings which contain a common en- closed parking garage may orient one garage door opening toward the street. . Carports and garages should be compat- ible with the architecture of the principal building. . Views to parking areas should be screened from public streets, adjacent properties and Group Usable Open Spaces. b. Parking Drives Parking Drives are used for internal vehicle access to garages, carports, or open parking areas. They incorporate parking spaces along their length. whether in garages, carports or open parking. . Long lines of parked cars or blank garage doors should be relieved by planting ar- eas or other types of screening. . Parking arranged in bays to give a street- like char-acter is encouraged. Each eight spaces of continuous perpendicular or . /3'0 I;::;' angled parking should be separated from others by a planted area not less than one park.ing space wide. . The planted separation should contain at least one tree, minimum 15 gallon size. . In multi-family projects over 50 dwelling units, the location of Parking Drives around the periphery of the project is discouraged. This kind of edge condition isolates the development from the neigh- borhood. c. Parking Courts Parking Couns are small, landscaped park- ing areas with tree canopies, normally con- taining less than 20 parking spaces. A Parking Coun can take the character of an "outdoor room" and contribute to the spatial organiza- tion of the site. . Parking Couns are encouraged as an al- ternative to large parking lots or long parking drives. d. Covered Parking . Covered parking within garages. carports and trellised canopies is encouraged. . For sloping sites. tuck under parking is often an economical solution that econo- mizes in the use of the land. 5. Planting Guidelines a. Street Trees . New public streets and private roads in residential developments should have street trees planted at regular intervals throughout the development. Consult Appendix B. "Plant Selection Guide". b. Planted Front Yard . Parking lots should be set back from pub- lic streets by a Planted Yard of at least 20 feet in depth measured from the street facing property line. Provide at least one tree per 300 square feet of area between the property line and the face of the curb of the parking area. Trees should be 15 gallon size, minimum. See Appendix B. "Plant Selection Guide". ~~2 tL~\ '.:i . ,', ,',J <'1 \1 .. 3 " I 1 I I I I I I )1 VlI I I 1. Planted Front Yard With Street Trees 2. Interior Property line. Side Yard 3. Interior Property Line. Rear Yard Planted Yards PLAN . Parking Lots Adjacent to the Planted Yard: Shrubs and/or low walls should provide a visual screen of a minimum of 30 inches in height after 2 years growth. When walls are used, a minimum 5 foot wide planted edge should be provided along the street facing side of the wall. For shrubs in massed plantings, use "on cen- ter" dimensioning to space shrubs so that branches intenwine after two years aver- age gro'?'/th. At driveway entrances, shrubs and/or low walls should not ob- struct views of oncoming traffic. it /3/ -I:> ~-> c. Interior Property Line Planting . Where side yard or rear yard setbacks are required adjacent to parking areas, the entire setback area should be planted with a combination of trees and shrubs. . Guideline for Interior Property Line Planting: Trees: Provide at least 1 tree per 300 square feet of total area of the required side or rear yard. Trees should be 15 gallon size, minimum. . Guideline for parking lot edges along in- terior property lines: Trees: Provide at least one tree per 200 square feet of total yard area. Trees should be 15 gallon size, minimum. Shrubs: Shrubs should provide a visual screen a minimum of 30 inches in height after 2 years growth. For shru bs in massed plantings, use "on center" dimensioning to space shrubs so that branches inter- twine after two years average growth. Parking with planted break d. Internal Parking Lot Planting . For all parking lots greater than 6000 square feet, in addition to all other guide- lines, an internal area equal to a minimum of 5 percent of the total parking area should be planted with a combination of trees and shrubs. Tree spacing should be such that every designated parking space is within 30 feet of the trunk of a tree. Turf areas are discouraged. See Appen- dix B. "Plant Selection Guide". . The parking lot perimeter should termi- nate a minimum of 5 feet from the face of a building. This area should be planted with shrubs, unless used as a pedestrian walkway. --- /-1-........ " / / " ...... I __ \ - -- Parking Radius. Every parking space should be within 30 ft. of the trunk of a tree. Parking with planter or grate '. Alternative Methods of Providing Tree Canopies at Internal Parking Areas ~~ .. /3.;2 ~)4 B3. MOBILE HOME PARKS 1. Intent Local regulation of mobile home parks is limited by provisions of State Law. It is recognized that it is impossible to anticipate locations. It is hoped that applicants for mobile home park developments will coop- erate with the Community Planning Group and the Design Review Board in their review of the Major Use Permit application to con- form the design as nearly as feasible to the following guidelines. Mobile home parks should be built in such a way that they will be compatible with neighboring buildings and developments. Mobile home parks provide a unique challenge because the majority of the individual homes are prefabricated. However. it is possible for the mobile home park to use elements of landscaping. lighting. signage. and architec- tural character to integrate the development with the neighboring community. . Mobile home parks shall comply with the "Mobile Home On Private Lot Regula- tions". Sections 6502 through 6506. of the County Zoning Ordinance. . Community buildings located within a mobile home park should meet all stan- dards of the Sweetwater Design Guide- lines. . Landscaping, lighting. signage and off- street parking should follow the Design Guidelines. . Consideration will be given by the De- sign Review Board to unique situations which may preclude following Guidelines which are inappropriate because of the nature of mobile home development. However. the applicant should do every- thing possible to adapt the project to the Sweetwater Design Guidelines. 2. Individual Mobile Homes Although a specific architectural character is not required for mobile homes. the following general principles should be followed: . Eanh tones and warm. light colors are encouraged. . Bright colored and highly reflective roof surfaces are discouraged. . When necessary to place utilities on the roof, all visible surface equipment should be the same color as the roof or be screened from view. . These guidelines apply to carpons and other outbuildings. . /.33 ~ / C. DESIGN GUIDELINES FOR SPECIAL AREAS Cl. DEVELOPMENT IN FLOOD PLAINS AND-RIPARIAN AREAS ~ ~~ 7;~ .. . , ~ ~ This Guideline lists Development Standards and Design Guidelines that protect the scenic and aesthetic values of Sweetwater's Flood Plain and riparian areas. The Sweetwater River Flood Plain is a key visual focus of the community that should be preserved and protected. . Development, including recreational projects such as golf couses, should cause minimal change to water courses and important areas of native vegetation. . Buildings constructed in the Flood Plain fringe areas should be sited with tree clusters to visually tie them to t~e land- scape and reduce their visual prominence. " The potential hazards created by develop- ment, grading and stream bank alteration within a Flood Plain are not only a concern of the development itself, but may cause dam- age to properties upstream and downstream of the property. For this reason, the larger .'.. A ~ .~ ~ t"-~ . . off-site implications of all proposed build- ings, other built improvements such as roads and - parking areas, land form grading and stream bank alterations within a Flood Plain should also be considered in all development reviews. While the following definitions and guide- lines are compatible with current regulations, they do not supercede adopted County ordi- nances and policies pertaining to development in Flood Plains. These currently include the Resource Protection Ordinance and Board of Supervisors Policy 1-68, "Proposed Devel- opment in Flood Plains with defined Flood- ways" . 1. Definitions _ "IOO-YEAR FLOOD" means a flood estimated to occur on an average of once in 100 yeasr (1 % probability of occurrence in each year). , /3Lj . 1/ -t,: _ "FLOOD PLAIN" means a land area which is likely to be flooded, adjoining a river, stream, watercourse, ocean, bay or lake. _ "FLOODW A Y" means the river chan- nel and the adjacent land areas needed to carry the IOO-year flood, without increasing the water surface elevation more than one foot at any point. Ad- ditional criteria needed to provide good flow conditions may apply. _ "FLOOD FRINGE" means all land ly- ing in the IOO-year Flood Plain that is outside the Floodway. 2. The Floodway The Floodway should be kept as close as possible to its natural condition. Struc- tures, parking araes and other major im- provements are prohibited. Land form and stream bank alterations within the zone are strongly discouraged, except as outlined below. 3. Development Within the Flood Plain The general intent of this Guideline is to discourage development within the entire Flood Plain. Since this is sometimes not possible without a complete loss of propeny development potential, devel- opment in the Flood Fringe area is per- mitted subject to the following Guide- lines: a. properties Panially within a Flood Plain For developments on properties with areas lying both within and outside of the Flood Plain, buildings. shall be clustered, to the maximum extent fea- . sible, in the areas of the site lying outside the Flood Plain. Use of the Flood Plain as group open space for recreation or other activities which would leave it in a natural state is strongly encouraged. The intent of this paragraph should be observed in all new lot splits and Planned Developments. Required open spaces should be applied to all land which is not proposed to be de- veloped. b. Properties Entirely within a Flood Plain If a development is proposed in the Flood Fringe area, the applicant must demonstrate the building, filling and other land form alterations will not contribute to off-site property dam- age by flooding, nor will it be subject to erosion by future floods. Fill shall be limited to that whiCh is necessary to elevate the structure above the el- evation ofthe flood way and to permit minimal functional use of the struc- ture. c. Modification to the Floodway Filling and/or develQpment of per- manent structures is prohibited in the floodway. Allowable land uses are outlined in the Resource Protection Ordinance and include agricultural, recreational and other such low-in- tensity uses, provided they do not harm the environmental value of the flood way area. Construction of concrete or other engineered channels, dikes and levees within the Floodway zone is prohib- ited, except when used to protect ex- isting structures built prior to the enactment of the Resource Protection Ordinance. 4. Stream Bank Stabilization Self-formed stream channels tend to be in a state of equilibrium, nearly stable, and usually do not require artificial bank stabilization. Land use changes that cause an increase in impervious surfaces or sedimentation will result in channel en- .. /35 c'?7 17 largement and stream bank erosion. This may require measures to stabilize the stream bank. a. Stream reahbilitation is the preferred method of stabilization, its objective being to maintain the natural charac- teristics of the watercourse. The process may include enlarging the channel at points of obstruction, clearing obstructions at natural bends and points of constriction, limitation of use in areas of excessive erosion and restoration of riparian vegetation. b. Concrete channels and other me- chanical measures of stabilization should not be permitted unless no other alternative exists. c. If a stream bank stabilization other than stream rehabilitation and veg- etative methods is required, hand- placed stone or rock riprap are the preferred methods. d. Planting in the Flood Plain The Flood Plain should be kept as close as possible to its natural state. The large open spaces and indigenous riparian vegetation such as live oaks, sycamores and scrub should be pre- served and emphasized in new plantings. Ornamental plantings and the introduction of non-native spe- cies should be avoided. 8> /3iP dl~ '- C2. SCENIC ROADS AND TRAILS . Preserve and improve the rural charac- ter of Sweetwater's Scenic Roads. . Consider expansion of Riding and Hik- ing Trails where appropriate within the community. .,~ G ~"tt .. \' r ""',7,. ; ;}/0 \. - ~. 'I1"i.\ : . ""G.' I /$ Sweetwater Road 1. Scenic Roads Road (unbuilt), and Sweetwater Road. a. Application . Development subject to Design Review along Scenic Roads should follow the Guidelines of this section. The Guidelines are recommended design principles for development not subject to Design Re- view. (2) Roads which may be considered for future scenic designation include Quarry Road and Proctor Valley Road. . Scenic Roads in Sweetwater fall into three categories: (3) Several other roads are visual re- sources whose character should be preserved: Acacia Avenue. Lomacitas Lane. Lynwood Street. Grevilla Way and Hill Road. (1) The Scenic Highway Element of the San Diego County General Plan des- ignates the following roads as first priority scenic roads in the Sweetwater Planning Area: Bonita Road. San Miguel Road. Guajolote . New development along each of the three categories of Scenic Roads should give special design attention to road edge con- ditions, strengthening the rural appear- ance of buildings and open spaces as viewed from the road. o /37 \ dl4 b. Road Edge Zone For all development subject to Design Review, a 20-foot deep Road Edge Zone should be observed along all Scenic Roads. The Road Edge Zone should be designed in a rural character, by retaining existing natural features and limiting site im- provements to rural elements: . Retain existing land forms, mature trees, and important rock out- croppings. The location of driveways and underground utilities should avoid destroying important natural features. . Retain and strengthen the qualities which are unique to the particular section of each road. Preserve exist- ing vistas. Where roads wind through canyons, canopy trees can enhance the experience of being "enclosed." Planting native oaks or California Peppers along the road edge will provide an evergreen canopy over the roads. . Low walls of native stone, wooden rail fences, boulders and native rocks ~re encouraged. . Recommended plant species for Sce- nic Roads are listed in Appendix B, "Plant Selection Guide. For fire protection, low fuel volume plants are recommended along all roads. . Structures and parking areas should not be located in the Road Edge Zone. c. Other Site Areas . Views of other site areas visible from Scenic Roads should be carefully consid- ered. Design of these areas in a rural character similar to the Road Edge Zone is encouraged. . Building setbacks in excess of minimum requirements are encouraged. . Equipment storage and service areas should be located to the rear of properties and screened from public view. 2. Trails . Sweetwater's extensive trail system is a unique element of the community. New development should dedicate rights-of- way for trails designated in the Sweetwater Ridin~ and Hikin~ Trails elm. Linkages between trails are en- couraged to strengthen connections throughout the system. . Trails must be designed and constructed to applicable County regulations. . Views of yards, buildings and other site areas, as seen from trails, should be considered. Design of visible areas in a rural character, using the principles out- . lined in Paragraph (I b) "Road Edge Zone", is encouraged. 1 ... /3J IV. GUIDELINES FOR OTHER REVIEWS This section presents desirable standards for other types of discretionary project reviews not subject to the Community Design Review program. Section A deals with single family residen- tial development. Some of the standards in this section are contained in other County regulations. Where that is not the case, the standards must be adopted into the Sweetwater Community Plan before they can be used in project reviews. Section B addresses the community's public right-of-way standards. Before these im- provements can be constructed, the standards need to be authorized through Board of Su- pervisors Policy 1-36 which allows devia- tions from the County's normal road stan- dards. Where the guidelines are appropriately au- thorized, they may be considered in the review of all projects subject to discretionary re- view. For this reason. the applicant should confer with County planning staff to deter- mine which of the guidelines apply. Discre- tionary projects include but are not limited to: Specific Plans _ Tentative Maps and Tentative Parcel Maps Major Use Permits - Site Plans _ Grading permits which are subject to en- vironmental review under the California Environmental Quality Act (CEQA) In addition, the guidelines for Community Design Review presented in the. previous sections of this booklet might also be appli- cable in these other types of discretionary project reviews. provided they are authorized through existing County regulations or through future adoption into the Sweetwater Community Plan. .13~ '~~ A. SINGLE FAMILY RESIDENTIAL DEVELOPMENT At. Preservation of Open Spaces and Ex- isting Natural Features Residential development plans should dem- gentle horizontal and vertical curves in onstrate an effort to preserve and protect road alignments. significant natural features in the layout and design of streets, lots and grading patterns. . On hillside sites where conditions per- mit, streets and driveways should be laid . The provisions of Guidelines A 1 "Site out parallel to existing topographic con- Design" and A2 "Preservation of Sig- tours in order to minimize grading. nificant Trees" in Section III of this document should be followed as general . Bridges should be considered for streets design criteria for the preservation of crossing natural drainage courses, can- natural features in the planning of single yons and ravines of environmental or family residential developments. scenic value. . Sweetwater's designated open spaces are . Align streetsand lots to take advantage of important community assets that should potential public views from streets. be preserved from encroachments and erosion damage. Provisions should be . Street widths of the minimum width per- made to properly maintain these areas, mitted by County standards are encour- providing for fire hazard control, removal aged if the reduced width will lessen the of litter and protection of vegetation. need for hillside grading. It is often pos- sible to omit a parallel parking lane, or to A2. Street Layout and Design split the lanes of a roadway, to accom- plish this objective. . Street layout should be aligned to con- form, as closely as possible, to existing . When streets are located on exposed grades and minimize the need for the hillsides viewed from a distance, cut grading of slopes. Natural land forms slopes should be rounded off to approxi- may often be retained by introducing mate a natural appearance. Integrate natural features with roadway alignments .. /40 -......-., ("~,~C A3. Hillside Grading and Drainage Sweetwater's hillsides are an imponant pan of the community's environment. The design of single family developments should mini- mize grading impacts in the layout of streets and lots. . Hillside grading should create slopes that approximate the surrounding natural hills. . The "engineered" appearance of manu- factured slopes should be avoided by creating smooth, flowing contours of varying gradients, preferably with slopes of 2:1 to 5:1. Avoid sharp cuts and fills, and long linear slopes that have a uniform grade. . Slope banks can be softened by contoured grading at the top and toe of the slope. Contoured Grading . Terracing should be designed with small incremental steps, avoiding wide-step terracing and large areas of flat pads. . Building sites should be graded so that they appear to emerge from the slope. Pads should be of minimum size to ac- commodate .the structure and a reason- able amount of adjacent outdoor space. Split level terraces are encouraged to re- duce pad size. As much of the remaining lot area as possible should be kept in the gradient of the original slope. Site Terracing . Grading should be minimized within 10 feet of all perimeter propeny lines of the development, unless the grading is simi- lar to the existing adjacent slopes or to the planned grading ofthe adjacent slopes. . Retaining walls and pony walls visible from off-site should be of minimum height. Retaining walls faced with stone or eanh-colored materials are encour- aged. . Drainage devices such as terrace drains, benches and downdrains should be placed in locations of least visibility on slopes. The side of a drain may be bermed to conceal it. Natural swales leading downhill are a good location for downdrains. Visible drains should be as close as possible to natural soil color. Visible concrete drains should be color tinted and screened with planting to improve concealment. ~, /J/I .,;..-.;...;i ~ A4. Lot Configuration and Building Set- backs . The layout of lots in a residential devel- opment should be imaginatively derived from the natural form of the land. The development plan should adapt to exist- ing topography and natural features. avoiding unnecessary alteration of land forms. . Lot patterns which offer a variety of lot shapes influenced by topography and natural features are encouraged. . Build,ing Setbacks. Varied and staggered front building setback patterns on adja- cent lots are encouraged. This will pro- duce a more rural feel to the development and reduce the monotony of repetitive setbacks. The amount of setback vanatlon will depend upon lot size. Residential devel- opments at a density of 4 or more dwell- ings per acre should vary adjacent set- backs by at least 5 feet; lots at 2 dwellings per acre should vary adjacent setbacks by at least 10 feet; lots one acre or larger should vary adjacent setbacks by at least 20 feet. Minimum building setbacks may not be reduced to meet this guideline. In order to review proposed setbacks. building pad locations should be indi- cated on grading plans submitted with Tentative Maps. Tentative Parcel Maps. Site Plans and Major Use Permits per- taining to single family residential devel- opment. Buildings should not be sited on visually- prominent ridgelines when a choice of building pad location exists. Locate the building roofline below the ridgeline. as viewed from imponant off-site locations such as major public roads. AS. Planting Design for Hillsides Common Areas. Common open spaces and landscaped ar- eas maintained by a Homeowners Asso- ciation are subject to review under this guideline. Provisions of the guideline are recommended for planting on single family lots not subject to Design Review. Plant Selection. Plant materials should be selected for their effectiveness of erosion control. fire resistance and drought tolerance. Hillside plant selection should consider neighbors' views and observe the follow- ing principles: Where views have been established. follow downhill alignment of taller trees. Use less dense. open trees that pro- vide shade but do not block views. . Planting Techniques for Graded Slopes. Irregular plant spacing is encouraged to achieve a natural appearance on graded slopes. Plant trees along contour lines in undulating groups to create grove effects which blur the distinctive line of the graded slope. Shrubs of varying height may be planted between tree stands. When possible. locate trees in swale ar- eas to more closely reflect natural condi- tions and gather surface runoff for plant irrigation. · /46< ;;);;.\ . Transitional Slope Plantings in High Fire Hazard Areas. Transitional slopes may be used between the domestic plantings of new develop- ment and the native, flammable brush of undisturbed areas. The goal is to slow down the approaching fire within the transitional zone by reducing the fire's fuel supply. The following techniques may be used to accomplish this goal: (1.) Evaluate the plant materials exist- ing within the transitional zone for fuel volume and health. Remove plants from this area which are of particularly high fuel volume: Common Buckwheat, California Sagebrush, Chamise, and Sage. Also remove any plants which are in poor health. (2.) Retain in thinned out groupings the following low fuel volume native plants: Manzanita, Ceanothus, Buckthorn, Sumac, Oaks, Toyon and Silk Tassel. (3.) Clean out all dead leaves and branches in this area annually. Bare din is a good fire break. Thin na- tive plants by pruning to reduce their fuel volume. (4.) If water supplies permit, irrigate this zone monthly during the sum- mer months to retain a high level of moisture in the plant leaves. (5.) Do not plant any trees other than oaks in this zone. Trees spread fire quickly. . Internal Slope Plantings. Internal slopes exist within a newly de- veloped project. They do not blend into native areas, as do transitional slopes, and, therefore, may be planted with a different type of plant palette. The fol- lowing principles are suggested for in- ternal slopes: (1.) Establish gradient of new slope and determine erosion control require- ments. (2.) Fulfill erosion control needs with water-conserving plant material. (3.) As a general rule, use water-con- serving plant species. (4.) Arrange plants in. naturalized pat- terns, rather than regimented rows. .. ./~ ~.~.S- B. COMMUNITY RIGHT-Of-WAY STANDARDS The County, through Supervisors Policy J-36, has established a process to permit in- dividual communities to adapt County right- of-way design standards to local needs, pro- vided the standards meet certain requirements for funding, maintenance, liability and safety. Community standards can affect all items in the right-of-way except the travel lane widths, which are fixed County-wide. The design standards need to be developed with public participation and incorporated into the Community Plan. The County's process for final adoption of community right-of-way standards requires cost estimates, public hearings, and notifi- cation of affected property owners. Modification of County Right-of-Way Stan- dards are proposed for the following land use categories of the Sweetwater Community Planning Area. This is a preliminary proposal that must follow the approval process outlined in Supervisor's Policy J-36 before final adoption. Bl. Commercial, Multi-Family Residential and Institutional Development. . The County standard should be modified to separate the curb from the sidewalk. by a minimum 3 foot wide planting buffer. The buffer area should be planted with shrubs or ground covers with a mature height of two feet or less. B2. Scenic Roads . Where public sidewalks and concrete curbs are required in developments along the Scenic Roads listed in Section III.C2.1, the sidewalk should be sepa- rated from the curb by a minimum 3 foot wide planting buffer of shrubs, ground covers, or decomposed granite. B3. Public Parks and Open Spaces . At road edges along public parks and other public open spaces, avoid concrete curbs where feasible. . Separate sidewalks and trails from the road edge with a planted buffer. The buffer should be as wide as possible after taking into consideration the size of the site and site activity requirements. Un- less site conditions are restricted, the buffer area should have a minimum width of 10 feet. \ J -~ r /1.:.,......" \ , '? -J'i........ j . -, ~~\j 4 \^"-(' ..J \ 1\ \ ~ \ 20 ft. Landscaped Edge Zone Sidewalk Planted buffer (between sidewalk and curb) Section Through Landscaped Road Edge .. J4L/ 00,"2> ~ Appendix A DESIGN REVIEW APPLICATION REQUIREMENTS This section lists submittal requirements for all projects subject to Design Review. Eighteen copies of all drawings must be submitted. All copies must be folded to fit an 8-1/2" x I r' envelope. unless they are so thick they can only be rolled up. Please make submittals as clear as possible and follow accepted conventions of drawings--all drawings clearly labeled, scales shown, north arrow on plans. clear and readable line work. Proposals should not be presented open-ended with expectations of the staff or Design Review Board to make decisions. Additional information. drawings or other materials necessary to describe the project may be requested by Department of Planning and Land Use staff or the Design Review Board depending on the nature of the project or site. Also. depending on the project's nature. not all of the above requirements may be needed - the applicant should discuss proposed modifications with the Planning staff member assigned to Sweetwater Community Design Review. The applicant may include additional information or materials such as sketches and models or photos ifthey help explain the proposal. Photos of the site and surrounding properties are always required. One set of photos should be provided to the County Department of Planning and Land Use with the Design Review Application. A second set of photos should be mounted on an illustration board and brought to the Design Review B9ard meeting. PRELIMINARY REVIEW Development proposals that elect the optional step of Preliminary Review or a request for waiver may submit drawings or other materials appropriate to the nature of the project and extent of planning studies completed. In most cases, site design,location of buildings. grading. basic form and height of buildings and landscape concepts will be important. Building elevations. perspectives and other information may be presented. but kept in preliminary form. SUB MITT AL REQUIREMENTS: A. SITE ANALYSIS (of existing site conditions). To enable evaluation of development proposals in relationship to existing conditions on the site, the following information must be presented on one or more drawings, accompanied by photo- graphs and, if needed. written description. 1. Basic site information (locate on drawing): Site boundaries with dimensions; building setback lines and easements; existing streets, sidewalks and public rights-of-way; existing structures and other significant built improvements. 8' /4-5 r" "........~ &- 2. Existing natural features (locate on drawing): . Trees 6 inches or more in diameter. Note trunk size and species. . Topography. Existing contours at 2 foot intervals with areas of slope over 25% highlighted. . Patterns of surface drainage. including location of dry and running streams. gullies. washes and natural swales. . Location of flood zone: locate floodway and 100-year flood plain. . Rock outcroppings greater than 8 feet in diameter measured at the ground. Include spot elevations to help visualize the mass of the rock outcropping. . Locate other significant natural features which are either site amenities or potential hazards in development. 3. Photographs of the site and neighboring environment: Provide photographs of the existing site and site conditions on adjacent properties within 400 feet of all site boundaries (including buildings on adjacent sites). Include photos of views to and outlooks from the site. Clearly label each photograph. 4. Summary. A brief written synopsis should summarize: . Existing site amenities and assets. . Special problems and dangers. Site areas in need of special consideration or to be avoided due to such problems as poor soil, drainage, steep slope, high water table, flood plain location. . This synopsis may be noted on the Site Analysis drawing. B. SITE PLAN 1. Boundaries and public improvements. . Site boundaries, building setback lines, public streets and sidewalks (as proposed-include widths), other proposed public improvements (curbs, gutters. curb cuts). . Include dimensions. 2. Streets, sidewalks and parking areas within the site: . Include dimensions of parking areas and width of streets and sidewalks. . Show location and label materials of areas of special paving such as walkways, courtyards, patios, and arcades. . For parking areas show layout of spaces, areas of landscaping, dimensions of spaces and aisles, arrows indicating direction of flow. Number the parking spaces. 3. Structures. . Location and dimensions with respect to lot lines. . Include fences, walls and accessory buildings proposed. Give heights of fences and walls. 4. Show location of dumpsters and loading areas. S. Grading and Drainage. This may be drawn on a separate plan at the option of the applicant. It should include: . Existing and proposed contours at 2 foot intervals. .... .. I~&- -, ':;:,. i Q c7 t.", () . Finished floor elevations of proposed structures. . Indication of all water courses, with spot elevations of high and low points. . Area of depth of cuts. Location and height of fills. . Show retaining walls and adjacent spot elevations. c. LANDSCAPE PLAN. Show at same scale as Site Plan. This may be combined with the Site Plan (B) in the case of small projects. 1. Existing trees 6 inches or more in diameter with their proposed disposition (to be retained or removed). Give species and trunk diameter of each. 2. Location, species (give common and Latin name) and size (at planting - gallon or box size) of all new plant materials. . Use symbols and a legend as necessary. Show all plant materials to scale. . Ground cover may be indicated in mass. 3. Describe method of irrigation. 4. Describe means of erosion control, if applicable. D. BUILDING FLOOR PLANS. E. BUILDING ELEVATIONS. Show all elevations. . Note all finish materials on drawings. . Provide color samples (paint chips) or one color board at the Design Review session. . Dimension building heights from finish grade. . . Include exterior walls and fences with heights dimensioned. . Show locations and sizes of building-mounted signs in building elevations. . Show location of mechanical equipment, roof equipment, electrical transformers and solar panels in building elevations. Show means of screening roof equipment. F. SECTIONS. One sectional drawing is suggested at a suitable scale to show relationship of buildings to the site, public street and parking area. This item is optional. G. SIGNS. Provide a scaled drawing of each proposed sign with exterior dimensions and mounting height called out. Give total area of eacp.. a. Draw or provide sample of letters and logos, and the full message to appear on the sign. b. Describe materials and colors of background and letters. I c. Give means of illumination and magnitude of illumination. _,CO 'it / -'-17 --... r::;) H. LIGHTING. Provide a sign lighting plan with location, type, fixture height, power rating and shielding methods indicated. Include security lighting. Show elevation drawing or manufacturer's photo of each fixture, including its material and color. I. STATISTICAL SUMMARY. Provide a written summary: a. Site areas. Total area of site, area-covered by buildings, area covered by parking lots and driveways, net area of site landscaping. All in square feet. b. Buildings. Total enclosed building area. If a residential project give number of units and development density (units/acre). c. Number of parking spaces required and proposed. d. This information may be noted on the Site Plan drawing. II!) /~f b APPENDIX B PLANT SELECTION GUIDE The shrubs and trees listed within this Appendix are a reflection of the design goals stated in A6. "Landscape Character". They are listed by uses. Other shrubs and trees not listed here may also accomplish the desired goal and may be used. To use this Appendix detennine the use of the tree and find the appropriate heading. Please consult the Sunset Western Garden Book for additional infonnation about each plant. Presented first is a Shrub List. Nerium oleander has toxic foliage but is included in the Appendix because of its other excellent qualities. Its use is encouraged where toxic foliage will not present a hazard. Size considerations are important for shrubs; use low creeping varieties for ground covers; medium shrubs and large sized shrubs can be used for screening. accents. and spatial definition. All shrubs listed are considered low water user species. The Ribes and Rhus species have deciduous habits; all others are evergreen. Please note the Lows Fuel Volume Shrubs for use in high fire hazard areas. All of these shrubs are low growing and can exist with little summer irrigation. The second plant list is a Tree List which includes Low Fuel Volume Trees for use in high fire hazard areas. SJIR VB S 1. Shrubs for General Site Conditions Calliandra species Powderpuff Plant Ceanothus species California Lilac Grevillea noelii NCN Heteromeles arbutifolia Toyon Lantana species NCN Juniperus species Juniper Mahonia species Oregon Grape Melaleuca species Cajeput Nerium oleander species Oleander Ornamental Grasses Pittosporum species Mock Orange Photinia species NCN Pyracantha species Firethorne Raphiolepis species Hawthorne Ribes species Currents Rhus species Lemonade Berry '-../+9 ~ """2 I """,;-..:? 2. Shrubs for Parking Lot Setback Conditions Shrubs in this area are to provide screening of 30 inches in height. Ceanothus species California Lilac Grevillea noelii NCN Lantana species NCN Juniperus species Juniper Mahonia species Oregon Grape Nerium oleander. dwarfs Oleander Ornamental Grasses Pittosporum dwarfs Mock Orange Pyracantha species Firethorne Raphiolepis species Hawthorne i 3. Shrubs for 6 foot Screening Conditions Shrubs in this category may be used for service areas Calliandra species Powderpuff Plant Ceanothus species California Lilac Heteromeles arbutifolia Toyon Juniperus species Juniper Melaleuca species Cajeput Nerium oleander species Oleander Pittosporum species Mock Orange Photinia species NCN Pyracantha species Firethorne Raphiolepis species Hawthorne Ribes species . Currents Rhus species Lemonade Berry 4. Floodplain shrubs Continuation of native floodplain vegetation is desirable. Coastal sage scrub Chamise chaparral Native grasses Coast barrel cactus Marsh elder Otay tar weed · /..50 .,') --.0\ "'":,.,...~~':# ~..",. , 5. Low Fuel Volume Shrubs for high fire hazard areas. These shrubs may be used in other locations but are particularly suited to fire hazard areas. Arctotheca calendula Cape Weed Baccharis pilularis Prostrate Coyote Bush Coprosma kirkii Creeping Coprosma Lippias canescens Lippia Myoporum parvifolium Myoporum Nerium oleander Oleander pyracantha species Firethorne Rhamnus alaternus Buckhorn Ribes species Currents. Gooseberries 6. Shrubs for Road Edges These shrubs are recommended for planting within road rights of way and along the edges of scenic roads. Calliandra species Powderpuff Plant Ceanothus species California Lilac Grevillea noelii NCN Heteromeles arbutifolia Toyon Lantana species NCN Juniperus species Juniper Mahonia species Oregon Grape Melaleuca species Cajeput Nerium oleander species Oleander Ornamental Grasses Piuosporum species Mock Orange Photinia species . NCN Pyracantha species Firethorne Raphiolepis species Hawthorne Ribes species Currents Rhus species Lemonade Berry '. -/5/ TREES L General Site Locations Trees in this section are appropriate for yards, setback areas and other site spaces. Flowering Trees Acacia decurrens Green Wattle Albizia julibrissin Silk Tree Arbutus unedo Strawberry Tree Bauhinia variegata Orchid Tree Brachychiton acerifolius Flame Tree Callistemon species Bottlebrush Calodendron capense Cape Chestnut Cassia leptophylla Gold medallion Tree Ceanothus "Ray Hartman" California Lilac Eucalyptus ficifolia Red Flowering Gum Jacaranda acutifolia Jacaranda Koelreuteria species Rain Tree Pyrus calleryana 'Bradford' Bradford Pear Robinia pseudoacacia Locust Evergreen and Deciduous Trees Agonis flexuosa Peppermint Tree Cinnam9mum camphora Camphor Tree Eucalyptus camaldulensis Red Gum Eucalyptus cladocalyx Sugar Gum Eucalyptus citriodora Lemon Gum Eucalyptus lehmanii Bushy Yate Geijera parviflora Australian Willow Ginko biloba Maidenhair Tree Olea europaea Olive Tree Pistache chinensis Pistache Tree Platanus acerifolia Plane Tree Quercus agrifolia Coastal Live oak Rhus lancea (males) African Sumac Schinus moUe California Pepper Schinus terebinthefolia Brazillian Pepper Ulmus parviflora Evergreen Elm .. /5.2 "" L) ~ '/ 2. Constrained Planting Areas The following trees can be used in courtyards and constrained spaces. Eucalyptus citriodora Lemon Gum Eucalyptus sideroxylon Rosea Pink Ironbark Hymenosporum flavum Sweetshade Melaleuca leucadendron Cajeput Tree 3. Parking Lot Trees Podocarpus macrophylla Yew Pine Prunus caroliniana Cherry Laurel Pyrus calleryana 'Bradford' Bradford Pear Robinia pseudoacacia 'Fastigiata' Locust These trees may be planted in the perimeter and interior locations of parking and service areas. Pittosporum undulatum Victorian Box Platanus acerifolia. Plane Tree podocarpus elongata 4. Street Trees Tipuana tipu Tipu Tree Tristania conferta Brisbane Box Trees which are planted close to the street-bordering property line and are characteristic of existing trees bordering Sweetwater's roads. Eucalyptus citriodora Lemon-Scented Gum Eucalyptus camaldulensis Red Gum Eucalyptus cladocalyx Sugar Gum Platanus acerifolia Plane Tree 5. Floodplain Trees Pinus halepensis Allepo Pine Pinus canariensis Canary Island Pine Schinus moUe California Pepper Ulmus parviflora Evergreen Elm Trees should be located along the b~nks of streams, rivers and creeks. The rest of the floodplain is natively grasses and shrubs. Platanus racemosa California sycamore Populus species Cottonwood Salix species Willow Quercus agrifolia Coas~al Live Oak - /.53 .c- d- 3,:; 6. Fire Retardant Trees These trees can be planted sparsely on hillsides in fire hazard areas. Arbutus unedo Strawberry Tree Ceratonia siliqua Carob Tree Cercis occidentalis Redbud Tree Feijoa seUowiana Pineapple Guava Myroporum species Myropoprum Pittosporum species Pittosporum Prunus species Evergreen Cherry Schinus terebinthefolia Brazillian Pepper 7. Scenic Roads Trees planted along these roads reinforce the existing varieties. Sweetwater Road Eucalyptus citriodora Lemon-Scented Gum Eucalyptus camaldulensis Red Gum Eucalyptus cladocalyx Sugar Gum Platanus acerifolia Plane Tree Pinus halepensis AUepo Pine Pinus canariensis Canary Island Pine Schinus moUe California Pepper Ulmus parviflora Evergreen Elm Bonita Road Eucalyptus citriodora Lemon-Scented Gum Eucalyptus camaldulensis Red Gum Eucalyptus cladocalyx Sugar Gum Platanus acerifolia Plane Tree Pinus halepensis AUepo Pine .Pinus canariensis Canary Island Pine Schinus moUe California Pepper Ulmus parviflora Evergreen Elm Washingtonia robusta Mexican Fan Palm ., /S~ 1"-., "::2 I' c;::"'::::> It:I COUNCIL AGENDA STATEMENT Item J 2 Meeting Date 4/23/96 REVIEWED BY: Ordinance 2" 70 Amending Title 10 of the Chula Vista Municipal Code (Vehicles and Traffic) to delegate additional authority in implementing Traffic Control Measures to the City Engineer and the Safety Commission. ::C:::g:~;~ ~ (4/5 Vote: Yes_No.xJ Council Referral No. 2557 ITEM TITLE: SUBMITTED BY: At the March 14, 1995, meeting Council approved Resolution 17833 adopting a Council Policy granting additional authority to the City Engineer and the Safety Commission on implementing Traffic Regulations. Council direction at that point was for staff to revise the Municipal Code to accommodate implementation of the policy and the procedures established in it. The purpose of the policy was to streamline the City Council agenda by reducing the number of traffic related items that come before the City Council. RECOMMENDATION: The City Council place the ordinance on first reading, amending Title 10 of the Chula Vista Municipal Code, as revised and submitted by staff and the City Attorney, as the law of the City of Chula Vista as it relates to the regulation of "Vehicles and Traffic", delegating additional authority in implementing Traffic Control Measures to the City Engineer and the Safety Commission.. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of January 11, 1996, received an oral report on the status of the proposed changes to the Chula Vista Municipal Code and has approved the changes in concept. Staff does not believe that there is a need for the Commission to review the final draft of the language. DISCUSSION: This item involves proposed amendments to Title 10 of the Municipal Code to implement a policy adopted by Council on March 14, 1995. The language to be incorporated into the Code includes delegation of authority for certain traffic regulations to the City Engineer with the concurrence of the Safety Commission, as well as some streamlining of the code and language clarifications to the existing code to enable City officials to implement these codes and to reduce ambiguity and the need for interpretation. It also includes the removal of sections from the Code, which are now redundant or no longer necessary as a result of this change in delegation of authority, or have been superseded by the California Vehicle Code. Many of the items brought the City Council before adoption of the policy were considered to be routine in stature and operational in nature. The Council Policy now authorizes the City Engineer to implement these types of traffic regulations, with the concurrence of the Safety Commission, );2 ~ / . ,._~.",__'".__.~_~M'~__~.~"~~~_""-'-~--- Page 2, Item /..2- Meeting Date 4/23/96 without having to bring each individual case before the City Council. The policy also establishes a procedure for the requesting parties involved to appeal the decision of the City Engineer and the Safety Commission. The policy also reserves decision making authority with the City Council on those items which the California Vehicle Code requires action by the City Council, including but not limited to Speed Regulations, Angle Parking, Parking Meter Zones, Permit Parking, and Truck Routes. The primary changes in the Code, take place in the areas of the General Provisions, Chapter 10.04, and in Traffic Administration, Chapter 10.12. These sections were rewritten to establish the authority with the City Engineer and the Safety Commission on items which formerly required individual action of the City Council. Since the policy also reserved authority with the City Council on certain matters, it was necessary to draft language within the Code which would memorialize these reservations and appropriately delegate authority consistent with the policy. The act of delegating this authority, once provided for by Ordinance of the City Council, creates a change in the authority to place traffic control devices as well as the powers and duties to enforce these regulations. These changes in the Code take place in Chapters 10.04, 10.12, and 10.24. Other changes contained in this ordinance, include the deletion of sections of the Code which have been made obsolete by this change in authority or by subsequent revision of the California Vehicle Code. There are also several definitions which have been revised or created to clarify the meaning of certain terms used in creating this legal authority. The remainder of the changes and deletions incorporated into the proposed language can be classed as housekeeping in nature. There are many sections contained within Title 10 which are addressed in the California Vehicle Code, and may be redundant or may be in possible conflict with other sections of the Chula Vista Municipal Code. The other changes in the Code are intended to reduce some of the ambiguity in the language which previously existed in Title 10. Additionally, the Ordinance calls for a change in how records are kept of these regulations. In the past, all major regulations were required to be maintained as a list of locations where the regulations apply. These Schedules were to be maintained by the office of the City Clerk. Since most traffic regulations required action of the City Council to implement, this duty was considered as a routine part of recording Council actions. Some regulations were implemented by staff as operational changes, such as minor parking regulations. In this process, any operational change which did not go before City Council for action was not kept as a record with the regulation changes maintained by the City Clerk. The proposed ordinance provides that the office of the City Engineer will be responsible for maintaining these Schedules in a Register in the office of the City Engineer. Since all work orders for the placement of Traffic and Parking Control Devices are written and installed under the authority of the City Engineer, even these minor regulations will be included in these Schedules. This feature of maintaining accurate records of all legally implemented traffic regulations established is important in regard to the aspects of enforcement and liability. Currently, if a party questions the authority of traffic regulations in the courts, the City may not have adequate records J:2~2 ) ~. "...",.....<"~.'^--,-_.--'"~----- Page 3, Item lei- Meeting Date 4/23/96 of some of these regulations having been legally implemented. In the newly devised system there would be a record of all traffic controls within the City of Chula Vista, along with the date they were implemented, as well as under whose authority they were placed. This system will be of benefit to the Police Department when appearing in court on contested traffic violations, as well as a more complete record of the implementation of traffic regulations for the purposes of liability defense. To ensure continuity, during the interim period between adoption and implementing of the policy, several individual ordinances have been brought forward to Council. Last year, the Finance Department went forward with changes to Chapter 10.62 which revised the fees, fines, and forfeitures assessed with Parking Violations and Enforcement. Building and Housing recently brought forward an item dealing with abandoned vehicles. These sections will now be incorporated into the remainder of the revisions presented in this ordinance. Staff recommends that the City Council place this ordinance on first reading thereby implementing the necessary revisions to Title 10 of the Chula Vista Municipal Code which will effectively delegate authority to the City Engineer with the concurrence of the Safety Commission as incorporated within City Council Policy number 110-09, "Safety Commission Policy - Delegating Additional Authority" as adopted by resolution 17833 on March 14, 1995. Attached to this report are copies of the resolution and the newly adopted Safety Commission Policy, as well as the changes to Title 10 of the Chula Vista Municipal Code as drafted by the City Attorney with consultation from the City Engineer and the Chula Vista Police Department. Approval of the Ordinance will implement the above described changes. FISCAL IMPACT: This action implements policy previously adopted by the Council. As such, the fiscal impact of this action is minimal. Attach~. Exhibit A: Resolution 17833 adopted March 14, 1995 . C; Exhibit B: Safety Commission Policy adopted by Resolution 17833 ~ ~ Exhibit C: Strikeout version of proposed Title 10 revision ~O File: 0100-55-KY-158 ):2-3//:1. -I ORDINANCE NO. ;lIP ? tJ AN ORDINANCE AMENDING TITLE 10 OF THE CHULA VISTA MUNICIPAL CODE (VEHICLES AND TRAFFIC) TO DELEGATE ADDITIONAL AUTHORITY IMPLEMENTING TRAFFIC CONTROL MEASURES TO THE CITY ENGINEER AND SAFETY COMMISSION WHEREAS, on March 14, 1995, the city Council approved Resolution 17833, adopting the Council policy granting additional authority to the City Engineer and Safety Commission in implementing traffic regulations and traffic control measures; and WHEREAS, the city Council directed staff to implement such policy by revising the Municipal Code to accommodate the implementation of said policy NOW, THEREFORE, the city Council of the City of Chula vista does hereby ordain as follows: SECTION I. Title 10, "Vehicles and Traffic", is hereby amended to read as set forth on Exhibit A hereto. SECTION II. This ordinance shall take effect and be in full force and effect on 30th day from and after its adoption. John P. Lippitt Director of Public Works Presented by /-2 -5 y-' " ~..,...,.....,.,-,~.,,~..__.,~~----'---''''~-'._.'_-~~-_.~ COUNCIL AGENDA STATEMENT Item Meeting Date . .'/ /-J 4/23/96 ITEM TITLE: RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN CITY OF CHULA VISTA AND LOELEN ENTERPRISES FOR HOTEL DEVELOPMENT SUBMITTED BY: Community Development Director REVIEWED BY: city Manage#, (4j5ths Vote: Yes No BACKGROUND: This item will be provided by special packet delivery on Friday, April 19, 1996. /5 CITY COUNCIL AGENDA STATEMENT I) Item I ';J Meeting Date 04-23-96 REVIEWED BY: RESOLUTION APPROVING EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN CITY OF CHULA VISTA AND JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT /C;, COMMUNITY DEVELOPMENT DIRECTOR G.... CITY MANAGER y{ v (4/5ths Vote: Yes No.X.J ITEM TITLE: SUBMITTED BY: BACKGROUND: In 1990, the City issued a request for proposals (RFP) for acquisition and development of a 3.1-acre site in the 4400 block of Bonita Road, adjacent to the Chula Vista Municipal Golf Course. The hotel developer selected in that process to develop the 3.1 acres and the adjacent 4 acres, Joelen Enterprises, was not able to perform due to the condition of the hotel financing market, and the Exclusive Negotiating Agreement (ENA) entered into after the RFP process expired. On March 7, 1995, the City Council revisited the issue and directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises to develop the proposed hotel. Council directed that the agreement be for a term of 24 months and that it contain specific progress benchmarks. Negotiations on the Broadway Business Homes have been completed with the developer, which has allowed for the creation of the exclusive negotiating agreement for the hotel. The goal of the ENA is to accomplish a disposition and development agreement (DDA), which will take substantial time and effort; the developer is obligated by the performance milestones in the ENA to make regular, appropriate progress toward the DDA and the development of the hotel. The Developer has not agreed to certain technical provisions of the ENA at this point, but requests the opportunity to formally discuss the ENA and it's disputed provisions on the April 23 agenda. The issue is discussed in detail in the section below regarding the City Attorney's concerns over provisions in the ENA. RECOMMENDATION: That the Council adopt the resolution approving a twelve-month exclusive negotiating agreement (ENA) with Joelen Enterprises for lease or purchase of approximately seven acres of City-owned property adjacent to the municipal golf course for development of an approximately 250-room hotel, upon resolution of certain provisions in the ENA. BOARDS/COMMISSIONS RECOMMENDATION: On December 4, 1991, the Economic Development Commission of the City authorized the Chairman to advise the Council that the commission supported the concept of a resort golf hotel at the site (see Attachment A, EDC Minutes) . DISCUSSION: This report will discuss the following: 1) the characteristics of the golf course site; 2) the history of the City's efforts to accomplish its development; 3) modifications to the Joelen proposal received on February 29; 4) issues related to the municipal golf course; 5) other Interest expressed in the City-owned parcels; 5) the significant points of the exclusive I_i .1 Page 2, Item ","7 Meeting Date 04/23/96 negotiating agreement, including the milestones required by the Council, and, 6) the City Attorney's concerns regarding certain provisions of the ENA. Characteristics of City-Owned Site: The property that was the subject of the RFP is an undeveloped, relatively flat, 3.1-acre site in the 4400 block of Bonita Road in Chula Vista. It is bounded by the Chula Vista Municipal Golf Course on the north, Bonita Road on the south, the Bonita Vista condominiums on the west, and the City-owned restaurant facility, pro shop, and parking lot that is leased to American golf on the east. The vacant property is designated as Visitor Commercial in the General Plan and is zoned C-V-P for visitor-serving commercial uses with a precise plan requirement. The property is used at certain times as an informal parking area for joggers and walkers on the trail that rings the golf course. The 4-acre parcel is designated as Park and Recreation in the General Plan and is zoned Agricultural. A map of both parcels is attached as Attachment B. Historv of Development Efforts: The City first issued an RFP for acquisition and development of the 3.1-acre site in 1984. Two proposals were received: Pacific Scene proposed a 1 OO-unit senior residential retirement complex; and Joelen Enterprises proposed a 1 20-room hotel/conference center with a 100- seat restaurant. The Council did not accept either proposal and directed staff to do further study of the parking needs in the area, the possibility of integrated development with the existing City-owned restaurant facility, and the market feasibility of the hotel/conference center concept. In 1990, the City again issued an RFP for acquisition and development of the site (Attachment C). Six proposals were received. Ultimately, two of the six were withdrawn, and the City Council chose between four proposals at the Council meeting of April 23, 1991 (see Attachment D: Council agenda statement and Attachment E: Council meeting minutes). In summary, the four proposals were as follows: . A golf-oriented 200-room hotel/conference center/restaurant proposal from Joelen Enterprises on both parcels . A 96-unit senior apartment complex on the 3.1-acre parcel proposed by Odmark- Thelan . An 80-unit rental townhouse project with a public park, a link in the jogging/walking trail, and public parking for users of the trail on the 3.1-acre parcel proposed by the ADMA Company . A public park on the 3. 1-acre parcel proposed by Richard Pena The two proposals that were withdrawn were as follows: . A mixed-use project with 30 luxury townhomes and a restaurant on the 3.1-acre parcel proposed by Pacific Scene /3 ,).. Page 3, Item II; Meeting Date 04/23/96 . A 53-unit condominium project on the 3.1-acre parcel proposed as an alternative by Odmark-Thelan The City ultimately selected the hotel project proposed by Joelen Enterprises and entered into a semi-exclusive negotiation agreement in November of 1991. The agreement was extended through amendment, but the developer ultimately withdrew from negotiations in September of 1992, due to the developer's inability to obtain financing in a difficult hotel financing market. At that time, the developer indicated that it still had a strong commitment to the project, but that it would be some time until financing was available. The developer wished to have first refusal rights on the property in anticipation of the financing becoming available. Those rights were not granted by the Council. At the November 1994 Council reconsideration of the disposition of the property, which was generated by a request by the ADMA Company to resurrect its proposal to develop the site, the Council considered the ADMA proposal and an additional proposal from RSG for a retail commercial project on the site. Joelen Enterprises indicated that it was prepared to go forward with negotiations with the City to lease the property and build a hotel which was upsized to 250 rooms and 18,000 to 20,000 square feet of banquet and meeting space. Joelen indicated that it would take some time for the recovering hotel financing market to return sufficiently to provide financing for the project. The Council directed staff to return to the Council with a 24-month exclusive negotiation agreement with Joelen Enterprises to develop the hotel. The agreement was to contain significant performance milestones for project planning, environmental review, financing and development processing. Modifications to Joelen Proposal For some time during the negotiation of the ENA, Joelen has been indicating that it would be necessary to modify the lease provisions of the original proposal to respond to changed circumstances in hotel financing and hotel operations. In response, staff has been asking for specifics of, and justification for, the needed changes. Staff has recently received those modifications (Attachment F), and they are discussed in the narrative that follows. The ENA period is where the full analysis and negotiation of the business points of the proposal should properly occur. The reason that staff requested an elaboration of the developer's intended modifications to the original proposal with supporting financial data was so that Council could have a general sense of how different the benefits would be from the modified, unnegotiated proposal. If the modifications caused the "deal" to fall outside a range of reasonable negotiation, then it would not be appropriate to commit the City property to a twenty-four month negotiating period. Following is a comparison of the original proposal terms to the modified proposal terms: Project scope: . Original proposal was for approximately 200 rooms and 14,000 square feet of banquet and meeting space . Current proposal is for approximately 250 rooms and 17,500 square feet of banquet and meeting space. r~ ,- ,) Page 4, Item /'3 Meeting Date 04/23/96 Performance Lease:Original proposal was a 66-year performance lease from which the City derived lease payments based on percentages of revenue departments of the hotel; Current proposal is for the same type and term of lease, but with different percentages: REVENUE DEPARTMENT ORIGINAL MODIFIED PROPOSAL PROPOSAL Room Sales 6% 4% Beverage Sales 5% 5% Rentals (Banquet/Meeting) 5% 6% Food Sales 3% 3% Other (Includes Retail) 10% 7% Telephone 10% 6% Golf 0% 7.5% Lease Concessions during Stabilization Period (the assumption is that it will take the hotel a number of years to achieve its market room rates and sustain a market occupancy rate, and that in the meantime a hotel, in order to meet operating costs and debt service, needs cost concessions, such as relief from full lease payments): . Original proposal did not specify how the performance lease provisions would have to be modified during the period prior to stabilization, nor did it clearly identify the number of years it would likely take to reach stabilized occupancy. In the staff report of April 1991 , which recommended the hotel project, staff used the following assumptions in projecting revenues: zero lease payments to the City until construction completion; payment of 25 % of performance lease proceeds to the City in the first year of operation; payment of 50% of performance lease proceeds to the City in the second year of operation; payment of full performance lease proceeds to the City from third year of operation forward. This issue was left to be negotiated in the ENA. . Current proposal specifies that the hotel would receive the following lease payment concessions from the City: zero lease payments to the City until construction completion and during first year of operation; flat payment of $25,000to the City in second year of operation; flat payment of $35,000 to the City in third year of operation; payment of 10% of the lease proceeds to the City in the fourth year; an incremental but irregular increase in the percentage of the payment of the lease proceeds to the City over the next six years of operation, until payment of 100% of the lease proceeds to the City is achieved in the seventh year of operation; and payment of 100% of the City's lease proceeds through the term of the lease. The developer has projected lease payment revenues to the City based on this proposed /3 ~ i Page 5, Item /..3 Meeting Date 04/23/96 structure in Exhibit G of Attachment F of the developer's modified proposal. In brief summary, those projected lease payment revenues to the City are represented as follows: Cumulative at end of Year 10: Cumulative at end of Year 20: Cumulative at end of Year 30: Cumulative at end of Year 66: $1.7 million $7.3 million $15.6 million $88.6 million Property Purchase: . Original proposal requested a lease with an option to purchase the property during the fifth through fifteenth years, due to the fact that such an option might be necessary in order to secure lender financing. Staff recommended against the purchase option, and it was not included in the original approved ENA. . Current proposal does not request a purchase option in the lease, but it does request the right to negotiate an outright purchase of the properties as an outcome of the Disposition and Development Agreement (DDA), again based on potential necessity in order to obtain lender financing. The developer has suggested a purchase value for the properties in Exhibit B of Attachment F of $2.2 to $2.3 million. Staff has included language in the draft ENA that acknowledges the duty of the staff and the developer to negotiate as a DDA issue the lease or purchase of the properties (ENA, Paragraph III, B, 2), in order to be able to respond to the possibility that lender financing would prove to be available only if the developer had fee title. Staff's initial evaluation of the proposal modification was that it described a development that was physically larger and a business deal that was significantly less favorable to the City, especially in the initial years. Staff felt that it would be valuable to have the modified proposal analyzed by a professional development financing consultant with expertise and experience in analyzing hotel deals. As a result, Keyser-Marsten was hired for an amount not-to-exceed $1 ,500.00to do an expedited initial evaluation of the modifications. Keyser-Marsten's report, which is based on a review of the information in the Joelen modified proposal, and not on any detailed review of development budget data, which is not yet available, raises significant issues regarding the hotel's feasibility, the suitability of the lease structure, and the City's investment return. The Keyser-Marsten conclusions are summarized below: . The projected room rates will not likely cover the development costs, which reflect a "superior" hotel . The lease terms are unconventional in that there is no base lease payment, only percentages, and that the percentage lease payments are phased in over ten years . The hotel may not be financible, given that debt service coverage and return on investment are significantly below prevailing standards . The net present value of the lease revenues to the City are calculated at between $2.7 and $3 million, which may undervalue the site - (/J-~ Page 6, Item ! j Meeting Date 04/23/96 . Lease terms should include: . No subordination of lease payments to debt service . Any phase-in of percentage lease payments should be keyed to gross- income break points, not to dates . There should be a base lease payment at stabilization, with percentage lease payments payable to the degree that they exceed the base Staff concurs with the conclusions of the consultant, based on the level of information currently available, and staff would not be able to recommend that the Council accept the terms specified in the modified proposal. However, staff feels that the hotel project has the potential to provide significant benefit to the City in the areas of civic resource, public relations/image, income from real property assets, and transit occupancy tax. With the clear understanding that both the City and the developer recognize that the ENA establishes a period for neQotiatina a deal on the real estate and the project that will be beneficial to both parties, staff recommends that the Council enter into the ENA that contains specific milestones to be accomplished. As quickly as possible in the ENA period, both parties must work together to address the feasibility issues raised by the City's financial consultant and to structure a real estate transaction that is acceptable to the City and to the developer. Municipal Golf Course Issues: Staff has had a dialogue with the developer and the lessee and operator of the municipal golf course, American Golf Corporation, regarding the coordination of the hotel and the golf course. The golf-course related issues are all significant and will require much attention from the City, the developer, and American Golf. The developer and American Golf are required by the ENA to negotiate an memorandum of understanding (MOUl within 150 days of the execution of the ENA (Note: The ENA allows a 60-day-period by right, and an additional 30-day period at the sole discretion of the other party, to cure a default resulting from not performing obligations under the agreement; so it would be possible that the developer could take 240 days to accomplish the MOU without the ENA being terminated). Intertwined with that negotiation will be the negotiation between the City and American Golf regarding possible lease revisions for the golf course and the restaurant parcel. Many of the issues between the City and American Golf promise to be problematical. The Director of Parks and Recreation has offered initial positions regarding these issues. The major issues that have been identified among the parties are the following: 1. Improvements to the Golf Course: The developer contends that the golf course would need to be improved in order to be of the quality that would draw guests to the golf-oriented hotel. American Golf has identified the improvements that it feels would be necessary to make a hotel quality course as a new irrigation system, rebuilt tees and bunkers, tee-to-green cart paths, replacement of bridges across the channel, upgraded and lighted practice range, and major channel renovation. American Golf estimates the cost of improvements at $2.5 to $3 million, which they would fund given the right return-on-investment scenario. The Director of Parks and Recreation feels that these improvements constitute routine / <3 --0 Page 7, Item /3 Meeting Date 04/23/96 maintenance and capital improvement projects that are the obligation of American Golf in order to keep the course in good playable condition. 2. Downstream DrainaQe improvements: American Golf indicates that no improvements would be practical without eliminating the existing drainage impediments at the Willow Street bridge, since resultant flooding would destroy the improvements. The City and the County are working on removing those impediments in the near time frame. They greatest single impediment removal would be the clearance of the reeds in the channel downstream of the Willow Street crossing. The County indicates that the it will undertake that clearance in the near future Additionally, there are suspended water lines belonging to the City of San Diego and the Sweetwater Authority downstream of the bridge that create an impediment. Discussions are underway regarding the relocation of these lines. The Director of Parks and Recreation feels that the entire river channel needs to be restored to conditions before the 1991 rains and that American Golf is obligated by prior agreement to improve the channel. He also feels that American Golf is responsible for course improvements regardless of drainage problems. 3. Guaranteed Qolf start times for hotel Quests: The developer and American Golf indicate that for a golf-oriented hotel to be successful, the hotel must have access to a guaranteed minimum number of golf start times. Joelen is asking for approximately 1500 start times per month. The developer indicates that the impact on local golfers would be lessened by the fact that most of the hotel guest golfers would be group-business conferees who typically attend meetings and seminars in the morning and look for course start times in the afternoon, while most local golfers tee off in the morning. American Golf indicates that, at several of the golf courses that they manage that are proximate to a hotel, they have agreements with the hotels that guaranteed start times for the hotel guests must be scheduled several weeks in advance or they are not reserved and are made available to local golfers. American Golf indicates that this system has worked out well for both local golfers and hotel guests. The developer indicates that the majority of the hotel's business would be group business which is booked far in advance and that the bookings would include golf reservations. The Director of Parks and Recreation feels that the principle of guaranteed start times is controversial. 4. Fees: American Golf indicates that it would have to be allowed to raise greens fees in order to pay for the intended improvements to the course. Joelen indicates that it is typical for hotel guests to pay substantially more for greens fees than local golfers. Both parties suggest a two-tiered fee schedule, with locals paying significantly less that non-residents such as the hotel guests. No dollar amounts have been suggested. 5. Restaurant Parcel Disposition: The 4-acre parcel which would be necessary for the development of the hotel is currently leased to American Golf. American Golf would have to revert the lease back to the City for the City to lease or sell the parcel to the developer. American Golf is willing to consider doing so if all parties can come to terms on all the issues and if the hotel can incorporate a pro shop, office space, and cart storage (rent-free to American Golf). The developer is ("3 .- '7 Page 8, Item /3 Meeting Date 04/23/96 willing to design those components into the hotel, but is not prepared at this time to agree to providing them at no cost. 6. City/American Golf lease: The golf course lease with American Golf has a term of thirty years, which means that it will expire in 2016. American Golf's initial position is that in order to consider funding the $2.5-$3 million in improvements, the following would be required: golf course lease term concurrent with hotel lease term, not to be less than 50 years; complete control over rates and policies at the facility; lower percentage rents for the first ten years of the renegotiated lease in order to obtain the necessary return on investment. The Director of Parks and Recreation has the following reactions: a fifty-year lease is unrealistic and not warranted; American Golf should not be in control of fee-setting, and it would result in "skyrocketing" green fees; a re~uction in percentage rents to the City from American golf would not be justified and would come at a difficult financial time for the City. These issues are substantial and will require much attention. However, staff feels that it is appropriate for the parties to negotiate these issues during the period of the ENA. Further, the negotiation of these issues will be given top priority from the inception of the ENA period. An important component of the staff analysis will be a comparison of total anticipated revenues to be derived from the hotel development and golf course lease reconfiguration to the revenues to be derived from the existing golf course lease arrangements. Other Interest in Parcels Since the Council directed staff to return with the recommended ENA, several parties have expressed interest in developing one or both of the City parcels. All of the other interest has been in commercial retail development. One of the interested parties, Retail Properties Group (RPG), made a presentation to the Council at the March 1995 meeting at which the Council directed staff to return with the ENA. RPG still expresses interest in buying the 3-acre parcel for $800,000and developing a 40,000 square foot shopping center that could include such tenants as Boney's Market, Trader Joe's, Brueger's Bagels, Boston Market, The Juice Club, Super Crown Books, Starbuck's Coffee, and the Soup Plantation. RSG also expresses willingness to plan its shopping center around both parcels, include area for golf pro shop, clubhouse, golf cart housing, and create a golf theme for the center. RSG's proposal is included as Attachment G for the Council's information. The interested parties that are known to staff have been made aware of the Council's consideration of this issue on tonight's agenda. Several have expressed interest in addressing the Council. Exclusive Neaotiatina Aareement In March of 1995, the Council directed staff to return to the Council with a 24-month ENA, in order to allow the developer the time necessary to secure financing in the recovering hotel financing market. The presentation of that ENA has been substantially delayed due to the developer's need to focus attention on the complicated business homes project and difficulty in drafting the ENA. Fortuitously, during the period of delay, the developer has made 13 Y Page 9, Item 1-) Meeting Date 04/23/96 substantial progress in identifying potential financing opportunities in a market which is recovering more rapidly than anticipated. As a result, and as evidenced by the attached letter from Joelen Enterprises (Attachment I), the developer no longer feels that 24 months is necessary and has requested a 1 2-month agreement, with an option to extend the agreement by 180 days if the developer can document that they have made substantial progress but have not been able to finalize due to circumstances beyond their control. Therefore, the recommended ENA would provide the developer 1 2 months to enter into a disposition and development agreement for the lease or purchase of the City-owned vacant parcel ("City Parcel") and the City-owned parcel leased to American golf ("Restaurant Parcel") and for the development of an approximately 250-room golf course resort hotel with golf shop, restaurants, banquet and meeting facilities, and other amenities. During the 12-month negotiating period, the developer would be required to complete the significant steps in project design and land use and environmental approvals, demonstrate project financial feasibility, and secure development financing. An option is provided for an extension of 180 days if the developer demonstrates that substantial progress has been made and that the fact that a DDA has not resulted is due to circumstances beyond the developer's control. The following are key provisions of the agreement: 1. The project will encompass approximately 7 acres (3.1-acre parcel and 4-acre parcel) and will include a 250-unit hotel with golf pro shop, restaurant, banquet and meeting facilities, swimming pool, spa, tennis courts, and visitor commercial and retail floor area. 2. The developer will either negotiate a performance lease agreement for the 7-acre site with the City which is based on City participation in operating revenues of the hotel or will negotiate a purchase of the site from the City. The option of a sale rather than a lease is included in the exclusive negotiation agreement at the developer's request to respond to the developer-perceived possibility that the only way to secure financing for the project may be to obtain conventional financing, rather than bond financing, and that conventional financing would require the developer to have fee ownership of the property. 3. The City will negotiate with American Golf to retrieve control of the 4-acre parcel currently leased to American Golf ("restaurant parcel"), so that the City can lease or sell that parcel to the developer. If the City is unsuccessful in negotiating with American Golf, the developer will negotiate with American Golf to obtain site control of the Restaurant Parcel currently leased by the City to American Golf. 4. The developer will design a project which will minimize negative traffic impacts and will provide for sufficient parking for the hotel, the golf course, and the users of the jogging trail around the golf course, at the developer's cost. 5. It will be a priority that a plan will be developed which will assure that the golf course will not be significantly impacted and that start times for the public and the hotel guests will be coordinated, with a guaranteed number of golf start times reserved for the hotel. The number of reserved start times for hotel guests need to be negotiated with American Golf by the developer. /.31 Page 10, Item /3 Meeting Date 04/23/96 6. All costs and financial risks are the developer's, with the exception that the City will entertain a proposal for financial assistance if the developer demonstrates the inability of the project to realize a reasonable return. 7. The developer will complete the following sequential obligations within the following time periods from the approval of the agreement. These are the milestones that the Council directed be included to keep the developer on track. All milestones are identified below; the most important ones are bolded: a. Preliminary site plan b. Deposit for Preliminary market feasibility analysis c. Initial Study application and Environmental cost deposit d. Written analysis of City financial benefit e. Master Plan and EIR information f. GPA Amendment application g. Rezone application h. MOU with American Golf Preliminary design plans j. Lender interest and equity investor interest letters k. Public Bonita community forum on project I. Design Review application m. Deposit for Comprehensive feasibility study and pro forma n. MOU with City on lease and DDA terms o. Written conditional commitment of financing and equity p. Oral and written progress reports to Council 60 days 60 days 90 days 1 50 days 1 50 days 1 50 days 1 50 days 150 days 1 80 days 1 80 days 180 days 240 days 240 days 300 days 365 days Variable 8. City can terminate agreement if any of these benchmarks are missed. City will contemplate not terminating agreement if the developer misses conditional financing and equity commitment deadline (365 days), but only if developer deposits non-refundable $100,000 with City. Deposit will be applicable to lease payments or purchase cost if a transaction is consummated. 9. The City will contract with expert third-party consultants to provide the preliminary market feasibility analysis and the comprehensive feasibility study, to be delivered respectively at the 1 50th day and the 300th day from the execution of the ENA, and to be funded by a deposit account provided by the developer. 10. City will assist developer with EIR and land use processing (with developer bearing all customary processing costs), estimation of fees, and negotiation with American Golf. 11. Either party can terminate agreement after due process for impasse, and breach. There is a provision for cure periods up to ninety days after a performance milestone deadline is missed. City Attorney Concerns Over Form of ENA. Earlier drafts of the ENA included three provisions which were recommended by the City Attorney's Office but are strongly objected to by the Developer. After much dialogue over those provisions, it has not been possible to arrive at a consensus over any specific language, and the Developer has requested that the issues be carried forward to the Council. The {3 -Ie) Page 11, Item 13 Meeting Date 04/23/96 Developer has indicated that it is necessary at this time to finalize the ENA in order to justify continuing their efforts on the proposal. It is staff's estimation that additional negotiation on the staff/City Attorney/developer level will not be fruitful in resolving the disputed language. The following section discusses the City Attorney's concerns regarding the disputed provisions, the Developer's objections, and the staff position. 1. City's Riqht to Receive Other Proposals. The City Attorney's Office recommends that the ENA include a provision whereby the City would expressly reserve the right during the exclusive negotiations period to receive and submit, for informational purposes only, alternative proposals for the development and/or purchase of the site. To address the Developer's initial concerns over this provision, wording was added which clarified that the City would consider such alternative proposals only in open session and would not negotiate with the alternative project proponents. The Developer subsequently objected to this Section because they thought that it would cause concerns to potential project lenders. The Developer feels that it is not appropriate during the ENA for the Council to be receiving any information regarding alternative proposals Staff feels that this provision is too limiting and is unnecessary since City staff should have the right at any time to present alternative proposals to the Council for information whether or not express language reserving this right were included in the ENA, and this presentation of information should not be limited just to open session. Under existing language in the ENA, the City agrees not to neqotiate with other potential developers; it does not agree to not receive or evaluate alternative project proposals or terms. The City Attorney's office has an additional concern about this issue that will be conveyed to the Council in a separate memorandum. For discussion purposes, the language recommended by the City Attorney has been included in the ENA (Section IV). It is underlined for quick identification, and the reference within it to open session discussion only has been bracketed. 2. City's "Walk-away" Riqht Due to Proiect Infeasibility. The City Attorney's Office originally recommended that the ENA include a provision whereby the City would reserve the right to terminate the ENA in the event that the City determined that the proposed hotel project was not economically feasible. To address developers' concerns regarding the broad nature of this termination right, the City Attorney's Office agreed to add wording to this provision which clarified that the City must exercise such a right reasonably and in good faith, and only based upon objective third party analysis of the project. The developers subsequently objected to this Section because of continuing concerns over its broad nature and the concerns they thought that it would cause to potential project lenders. The City Attorney's Office would like to retain the City's express right to terminate the ENA due to the City's determination of economic infeasibility. This is a standard provision in the City's form ENA, and, in the City Attorney's opinion, one that is particularly applicable to medium or long term ENA's regarding projects, like hotels, where the feasibility is not at all /~ -1/ , Page 12, Item Meeting Date 04/23/96 medium or long term ENA's regarding projects, like hotels, where the feasibility is not at all certain. The circumstance to which such a provision would be most applicable is if the economic consultant finds the project to be feasible or infeasible, but the City disagrees with the <?onclusions. (A somewhat similar situation occurred, you may recall, in negotiations for the Mid-Bayfront project.) If this were to happen, and the City did not have the right to terminate the ENA, the City may be placed in th~ untenable position of having ~o exclusively negotiate for up to six months (or longer) for the development of a project that the City has determined cannot be successfully developed. However, in an effort to reach a compromise on this issue, the City Attorney's Office has proposed the following concept: After a determination of infeasibility, or otherwise, the City would have a right to tender to the developers a last best and final good faith offer of terms for the disposition and development of the project. If such terms were rejected or not responded to by the developers within a specified period of time (e.g., 30 days) the City could declare an impasse and legally terminate the ENA. This proposal would require that the following provision be added to Section V.A. of the ENA regarding termination due to impasse: For purposes of this Section, a party shall irrefutably be deemed to have made a Reasonable Impasse Determination if such party submits, in good faith, to the other party, via registered mail, return receipt requested, its last. best and final offer of basic business terms for the lease or other disposition of the Site and the development of the Project, and the receiving party fails to completely accept or fails to respond to such offer by the date falling 30 days after its receipt thereof. As another alternative, or additional concept, the City Attorneys's office recommends that if the third-party study of the project shows it to be feasible, but the City reasonably disagrees, the developer be required to make a good faith deposit towards staff costs incurred throughout the remainder of the exclusive negotiations period. If the project is approved, such amount would be refunded. Staff feels that the Attorney's proposed language to be added to the Impasse section is an acceptable resolution of the issue. Staff also feels, however, that the City is sufficiently protected without that language, since the agreement is only 12 months long and the feasibility analysis by the third-party expert will not occur until after 10 months per the above schedule; therefore, even if infeasibility is the conclusion of the City, the property would not be tied up for more that 60 to 65 days. The language recommended by the City Attorney is included in Section V. A for discussion purposes. It is underlined for easy identification. 3.. CiN's "Walk-awav" Riqht Due to Adverse TOT Law Chanqe. Earlier drafts of the ENA included a provision whereby the City reserved the right to terminate the ENA in the event that there was a state law adopted which materiall){ changed the amount of transit occupancy taxes that would be received by the City from the proposed project. /:3../~ Page 13, Item Meeting Date 04/23/96 The Developer also feels that this provision will raise concerns with their potential financing sources. They feel that the City should not have the ability to reject the proposal over erosion of benefit after the Developer has spent significant time and money in pursuit of a DDA. Staff recommends that this provision not be included in the ENA because it is felt that such a change in the law is unlikely to occur during the term of the ENA. In fact, there is no legislation pending this session which would threaten Transit Occupancy Tax. Furthermore, even if such a change did occur, which it will not, the loss of revenues could either be made up in negotiations with the developers, or, if it were a substantial loss of revenues, be a legitimate basis for declaration of an impasse. The City Attorney agrees that this provision could be deleted with very little remaining risk provided that the ENA is amended to include the language change proposed above which clarifies the City's ability to declare an impasse in the negotiations. The language recommended by the City Attorney has not been included in the ENA, but it is proved below for discussion: Termination Due to Material Change in Projected City Project Financial Benefit Notwithstanding the nominal Negotiating Period herein above set forth, City may terminate this agreement at any time if it reasonably determines that there has been a materially negative change in the projected revenues to the City from the project, provided that the materially negative change is not caused by any direct affirmative action of the City. Note: At the date of the delivery of the Council meeting agenda packet, the Developers are still reviewing the language options presented in the ENA and have not made a final determination on their position. They will convey their final position at or before the Council meeting. FISCAL IMPACT:: The execution of the exclusive negotiating agreement will involve the commitment of significant staff time in pursuit of development of the proposed hotel. As this is a special project outside of the redevelopment project areas that is being managed by Community Development staff, funds will be budgeted in a General.Fund project acc9unt. . The budget for the proposed projectbeing submitted for FY 1997 is approximately $120,000, with the most significant cost categories being staff costs for project analysis and legal services for the drafting and negotiation of a disposition and development agreement. If the ENA does not result in a hotel project, the City could lose revenues over the period of the agreement that might have been realized by alternative development of the site that could occur sooner, such as the proposal referenced above to buy the 3-acre site for $800,000 to develop a commercial shopping center. If the hotel is developed under a performance lease and meets the financial expectations of the preliminary projections, the City would realize revenues from transit occupancy tax, property tax, and performance lease payments. The developer estimates cumulative transit occupancy tax revenues to the City by Year 25 at $28.5 million. The cumulative percentage rent payments to the City by Year 25, using the developers projections, are calculated as follows by the developer and the consultant: /3 -/3 Page 14, Item Meeting Date 04/23/96 Growth Rate At 3 % Growth At 4% Growth At 5% Growth Cum. Rent $9.8 million $11 million $13 million The financial consultant estimates the net present value of this range to be between $2.7 and $3.0 million. Combined with the transit occupancy tax projections, cumulative revenues at Year 25 would be roughly in the range of $38 to $42 million. The alternative to the performance lease is for the City to sell the property to the developer; the developer has offered $2.2 to $2.3 million. The area needed to develop the hotel would have to be refined and the property would have to be appraised to fix a value position for the City. Much additional financial analysis needs to be done during the ENA period to properly aS5e~s the validity of the projections and estimated values and to define an appropriate transaction for the City. [dg\disk9\wpwin\a:joelenf:a13 ] A TT ACHMENTS NOT SCANNED '. /3 -/1 , RESOLUTION I K'~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN CITY OF CHULA VISTA AND JOELEN EN'TERPRISES FOR HOTEL DEVELOPMENT ON CITY-OWNED PROPERTY WHEREAS, the City owns a 3.1-acre parcel (a portion of APN #593-31-32) adjacent to the Chula Vista Golf Course that is vacant and available for development and a 4-acre contiguous parcel (APN #593-31-31) that is developed with a restaurant, golf course associated uses, and a parking lot that is leased to American Golf Corporation and could become available for development; and, WHEREAS, Joelen Enterprises has submitted a proposal to the City to lease or purchase the subject City-owned parcels to develop an approximately 250-room luxury golf resort hotel; and, WHEREAS, the City desires to negotiate with Joelen Enterprises regarding the proposal to lease or purchase the subject parcels to develop the hotel; and, WHEREAS, an Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development, a copy of which is on file in the Office of the City Clerk known as document , has been prepared which will govern the negotiation between the City and Joelen Enterprises regarding the hotel proposal including (a) the preparation of a projection definition for CEQA purposes, (b) the determination of project feasibility, and (c) the preparation of a Disposition and Development Agreement and/or related documents to present to the City Council for its consideration. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1 . The Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development is hereby approved in the form presented. 2. The Mayor is hereby authorized and directed to execute same. hris Salomone Community Develo APPROVED AS TO FORM BY: fi;{L - [BB\C:\WP51 \COUNCIL\RESOS\HOTELENA.RESl /3- /5 Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development This agreement ("Agreement") is entered into this day of 1996, for the purposes of reference only, and effective as of the date last executed by the parties, by and between the City of Chula Vista, California, a political subdivision of the State of California, ("City"), and Joelen Enterprises, a California General Partnership, whose general partners, and their addresses, are set forth in IB below and incorporated herein by reference ("Developer"). This Agreement is made with reference to the following facts: Whereas, the City and Developer entered into an agreement ("Original Agreement") entitled "Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development", executed as of November 26, 1991 by City; and, Whereas, on or about June 2, 1992, the parties extended the Initial Negotiating Period, as therein defined, to November, 1992 by the first amendment to said Original Agreement ("First Amendment") entitled "First Amendment to Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development"; and, Whereas, the "Original Agreement" and the "First Amendment" have expired and no longer have any force of effect; and, Whereas, the parties now desire to renew negotiations regarding hotel development. NOW, THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOllOWS: I. Parties A. Nature and Offices of the Developer Developer is Joelen Enterprises, a California General Partnership. The principal office of the Developer for purposes of this Agreement is: 4000 Coronado Bay Road Coronado, CA 92118 1. Developer's Representatives. Developer has designated the following person or persons who will negotiate the Disposition and Development Agreement with the City and who will engage in the activities necessary to determine the feasibility of the development of the Site: DG\Disk#8A \Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 1 1'3 10 Josef A. and Lenore S. Citron P. Craige Citron Brian Seltzer (or other counsel as designated) B. City's Offices and Representatives. The principal office of City for purposes of this Agreement is: Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 (619) 691-5047 1 . City's Representatives. City has designated the following person or persons who will negotiate the Disposition and Development Agreement with the Developer and who will engage in the activities necessary to determine the feasibility of the development of the Site: Chris Salomone, Community Development Director David Gustafson, Assistant Community Development Director II. Definitions and References A. Site: The site which is the subject matter of this Agreement is approximately seven acres of land identified as follows ("Site"): 1. A portion of San Diego County Assessor Parcel No. 593-31-32, owned by the City of Chula Vista, consisting of approximately three acres in a configuration shown on the attached Exhibit A ("City Parcel") 2. Four acres of land owned by the City of Chula Vista and leased to American Golf Corporation for purposes of operating the restaurant, banquet facility and pro shop at the Chula Vista Municipal Golf Course ("Restaurant Parcel") in the configuration shown on the attached Exhibit B. B. Project: The Project as referred to herein shall mean development of the Site with an approximately 250-room hotel and associated golf shop, restaurant, banquet and meeting facilities, swimming pool, spa, tennis courts, visitor commercial and retail floor area ("Project"). DG\Disk#8A \Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 2 13-/7 III. Negotiations A. Negotiation Period The term of this Agreement ("Term") shall commence as of the effective date hereof, and shall conclude on the date falling one year after the date of City Council approval hereof. Notwithstanding the foregoing, if the following terms and conditions are satisfied, the City, by resolution of the City Council, may grant a six month extension of the Term: (a) Developer shall submit to City a written request for such extension at least 30 days prior to the expiration of the Term; (b) during the 30 day period leading up to the end of the Term, the Developer shall establish, to the City's reasonable satisfaction (i) that Developer's failure to perform all of its obligations during the initial Term was due to circumstances reasonably beyond Developer's control, and (ii) that Developer will be able to complete its obligations under the Agreement within the proposed six month extension period; and (c) the City determines, in its sole discretion, that the Developer has substantially performed its obligations pursuant to Section III.D hereof. Such one year term, as it may be extended as provided herein above, may be subject to further extension in accordance with the provisions Section III.E hereof, or early termination in accordance with the terms of Section V hereof. B. Duty of Staff and Developer to Negotiate DDA During the "Negotiation Period" as herein defined, Staff of the City ("Staff") and Developer shall negotiate diligently and in good faith to prepare a "project definition" for CEQA purposes, to determine project feasibility and to prepare an implementation plan, including an agreement ("Disposition and Development Agreement", or alternatively "DDA") implementing the "Project" to present to the City for City Council consideration and approval, as they deem appropriate, after appropriate CEOA review, which DDA shall, among other things, address the basic issues and requirements listed below. The items listed below shall be negotiated in good faith between Staff of the City and Developer. Failure by the Developer or City staff to negotiate towards the resolution of these items shall constitute breach of good faith negotiations. 1 . Restaurant Parcel Control. Site control sufficient to permit the construction and occupancy of the Project over and upon the Restaurant Parcel, which meets the development objectives as delineated in Number B. 3 below; the City, as landlord of the Restaurant Parcel, will negotiate in good faith with the lessee of the Restaurant Parcel, American Golf, to regain site control of the Restaurant Parcel in order to be able to negotiate the provision of site control of the Restaurant Parcel to the Developer; if the negotiations between the City and American Golf are not DG\Disk#8A\Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 3 13 -/~ successful, the Developer will negotiate in good faith with American Golf to obtain site control of the Restaurant Parcel. 2. Restaurant Parcel and City Parcel Lease Agreement or Purchase Agreement A lease agreement which commits the Developer to lease Restaurant Parcel and City Parcel from the City; and commits Developer to pay an amount based on operating revenues of Project to the City, including a minimum rent payment; or, in the City's sole discretion, a purchase agreement which commits the Developer to purchase the Restaurant Parcel and the City Parcel from the City. 3. Development of the Site. A commitment from the Developer to improve the Site with the Project in a form as approved by the City Council ("Approved Development") which incorporates, at a minimum, the following: a. An approved Master Plan for the seven (7) acres currently constituted of City Parcel and Restaurant Parcel. b. Compliance with design standards as determined by Staff, the City's Design Review Board, and the City Council. c. A design that minimizes, to the extent possible, the traffic circulation and parking problems that the Approved Development can be expected to produce. d. Public parking sufficient for the Project, as well as for the golf course and for continued use of the jogging trail that circumscribes the golf course. 4. A plan for clearly defining and addressing the impact of the Project on existing use of the golf course; specifically, on the coordinated availability of golf starting times for the public and for hotel guest. Both parties acknowledge that it is essential for the success of the Project and for the continuing successful operation of the municipal golf course that the Project be guaranteed a minimum number of hotel guest golf start times by American Golf and that reasonable access to start times be preserved for the general public. It is further acknowledged by both parties that the plan for defining golf course impact is a priority and should be accomplished at the earliest possible time. 5. Schedule of Performance. A schedule prepared jointly with the City Staff for the accomplishment of identifiable developmental milestones relating to project implementation, DG\Disk#8A\Joelen10.wp April 17, 1996 Exclusive Negotiating Agreement Page 4 1-3 - 19 including evidence of financing, environmental reviews or compliance and other milestones. C. Financial Feasibility and Economic Risk. Both parties shall use the Negotiation Period to estimate total project costs in order to determine the economic feasibility of the proposed project. It is understood that the Developer absorbs all economic risks associated with the completion of the Project. Thus, unless excepted expressly hereinbelow, it is the intention of the Parties that Developer shall pay the full cost of all improvements to be constructed on the seven (7) acre Site and the cost of all normal City fees and permits applicable to completion of the proposed improvements. The parties agree and acknowledge that it is the intent of the parties that, except as expressly noted herein, all Project costs, including but not limited to the lease or acquisition of the Site, relocation costs, design, construction and development of all on-Site and off-Site public and private improvements, appraisal fees, environmental and other consultant fees, customary processing fees, whether incurred by Developer or City shall be the responsibility of the Developer. Notwithstanding the above, at such time as Developer can demonstrate that they are unable to generate a reasonable return based upon extraordinary public improvement costs, the City may entertain a proposal for financial assistance for such improvements, such assistance to be evaluated and addressed within the content of the negotiated lease agreement and DDA. It is also understood that in the event either party is unable to reach agreement on the DDA terms and conditions, including a request for City assistance, and following good faith ne- gotiations, either party may terminate this agreement. D. Developer Obligations During the Negotiation Period. During the Negotiation Period, Developer shall, at his own cost and expense, and without right to reimbursement upon termination as herein provided, perform the following obligations by the stated date. For the purposes of this section, time is of the essence. ObliQation Completion 1 . Developer shall submit a preliminary site plan for the project. Within sixty (60) days of effective date of this agreement. 2. Developer shall submit to the City on deposit account the full funds necessary to contract for an expert third party consultant acceptable to both the City and the Developer to conduct a preliminary market feasibility Within sixty (60) days of the effective date of this agreement. DG\Disk#8A \Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 5 I~ -- 20 analysis of the proposed project. Developer shall immediately, and subsequently as necessary, provide to consultant all information necessary for consultant to conduct analysis and provide to City conclusions regarding the suitability of the site, current market demand, supportable guest rooms and probable occupancy and supportable average room rates. 3. Developer shall submit an Initial Study Application to the City and post the required deposit to cause Environmental Review of the Project, and bear the full cost of the environmental review of the project. 4. Developer shall submit a written analysis of projected City financial benefit from the Project to be derived from the conclusions of the preliminary market feasibility study, pro forma analysis, and conceptual Site lease or Site purchase terms. 5. Developer shall submit Master Plan ("Master Plan") and associated information to the City which is sufficient for the preparation of a project EIR and acceptable to (but not approved by) the applicable City department directors. 6. Developer shall submit an application for an amendment to the General Plan in a form that provides for consistency of the Project to the General Plan by the date adjacent hereto, and the City-required deposit therefor, and shall thereafter diligently prosecute the amendment. 7. Developer shall submit an application for the rezoning of the Restaurant Parcel as Visitor Commercial, or such other designation or land use permit required by the City, and the City-required deposit therefor, by the date adjacent hereto, and shall thereafter diligently prosecute said application. 8. Developer shall enter into a Memorandum of Understanding (MOU) with American Golf. This MOU shall describe and determine the involvement, role, monetary position and contribution of American Golf in the Project. 9. Developer shall submit preliminary design plans for the Project, acceptable to, but not approved by, the DG\Disk#8A \Joelen 10. wp April 17, 1996 13 ", ;L I Within ninety (90) days of effective date of this agreement Within one hundred- fifty (150) days of effective date of this agreement. Within one hundred- fifty (1 50) days of effective date of this agreement Within one hundred- fifty (1 50) days of effective date of this agreement. Within one hundred- fifty (1 50) days of the effective date of this document Within one hundred- fifty (1 50) days of the effective date of this agreement Within one hundred- eighty (180) days of Exclusive Negotiating Agreement Page 6 Planning Director, to be used in association with the processing of the General Plan Amendment and the rezoning. 10. Developer shall submit from a lender or lenders acceptable to the City written evidence of interest in providing the debt financing necessary for the hotel development and written evidence from equity providers of interest in providing equity for the hotel development. Lender written evidence shall include lender's basic underwriting standards for hotel financing. 11. Developer shall conduct a public forum on the Project in the Bonita community which is publicly noticed in a form acceptable to the City and which provides the community with information on the design and character of the Project. 12. Developer shall submit a complete application for Design Review of the Project, acceptable to, but not approved by, the Planning Director, and the City- required deposit therefor, and shall thereafter diligently prosecute said application. 13. Developer shall submit to the City on deposit account the full funds necessary to contract for an expert third party consultant acceptable to both the City and the Developer to conduct a comprehensive project feasibility study. Developer shall provide to consultant all information necessary for consultant to conduct analysis and provide to City expert opinion of feasibility of project, a pro forma analysis of project costs, revenues and cash flow, and an analysis of projected revenues to the City from the hotel development and the associated ground lease, if any. 14. If City so requires, Developer shall enter into Memorandum of Understanding with City expressing in concept the business terms of the proposed ground lease and the Disposition and Development Agreement 1 5 Developer shall submit from a lender acceptable to the City written conditional commitment to provide the debt financing necessary for the hotel development, and from an equity investor or investors acceptable to DG\Disk#8A \Joelen 1 O.wp April 17, 1996 13 ~ ~J.., effective date of this agreement Within one hundred- eighty (180) days of the effective date of this agreement Within one hundred- eighty (180) days of the effective date of this agreement Within two hundred- forty (240) days of the effective date of this agreement Within two hundred- forty (240) days of the effective date of this agreement Within three hundred (300) days of the effective date of this agreement Within three hundred sixty-five (365) days of the effective date of this agreement. Exclusive Negotiating Agreement Page 7 ,.""," the City written conditional commitment to provide equity for the hotel development. 16. As requested by the City, from time to time, the Developer agrees to make periodic oral progress reports and periodic written reports advising the City on all matters and all studies. All such matters shall be deemed to be the joint property of City and Developer, and may be used by either Party without reimbursement to the other Variable E. Developer's failure to meet the above-referenced benchmarks shall constitute a material breach of the agreement and shall subject the Agreement to termination by the City in accordance with Section V. B hereof. Notwithstanding the above, if the Developer fails to comply with the completion date for Obligation 111,0,15, the City and the Developer may, but shall not be required to, mutually agree to not terminate this agreement and to extend the completion date of Obligation III, 0, 15 to a specific date if the Developer deposits with the City, on or before the completion date for Obligation 111,0,15, the sum of $100,000, which deposit shall be non-refundable, but shall be credited toward the Developer's lease payments in the event that a disposition and development agreement results from negotiations which culminates in the lease of the City Parcel and Restaurant Parcel. Failure of the developer to meet the timeframes due to matters beyond their control and/or to a determination of project infeasibility resulting in termination of this agreement shall not constitute failure to negotiate in good faith. F. City Obligations During the Negotiation Period. 1. During the Term of this Agreement, City shall, at its own cost and expense (and without right to reimbursement upon termination as herein provided) perform the following obligations: a. Assist Developer in all discussions and negotiations with American Golf, the subjects of discussion and negotiation being City site control of the Restaurant Parcel, a minimum level of investment by American Golf in upgrading the golf course, and a guaranteed minimum number of reserved golf start times for hotel guests. b. Explore and consider in good faith the issuance of taxable municipal revenue bonds for the debt-financing of the Project. c. Generally coordinate the EIR process. d. Work with Developer to determine all non-traffic, on-Site and off-Site public improvements and utilities and other fees, conditions, improvements or DG\Disk#8A \Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 8 \ j- 23 obligations required to accommodate the proposed Project and to insure the compatibility of the Proposed Project with the City zoning and General Plan requirements. e. Assist Developer in establishing and periodically updating a schedule of all discretionary and ministerial permits, review and approvals. f. Assist Developer in establishing an estimate for all fees and exactions to be paid by the Project. Notwithstanding the foregoing, Developer shall be solely responsible for payment of any and all customary City staff and consultant costs incurred by City in connection with processing the EIR or development permits for the Project. 2. During the Term of this Agreement, subject to Developer's satisfaction of its obligations pursuant to Sections III. D. 2 and III. D. 13 hereof, City shall, at the sole cost of the Developer, perform the following functions: a. Solicit, select, and contract with an expert third-party consultant, acceptable to City and Developer, to provide a preliminary market feasibility analysis of the proposed Project, said consultant to provide to City conclusions regarding the suitability of the Site, current market demand, supportable guest rooms, and probable occupancy and supportable average room rates, provided that Developer has deposited with City full estimated cost of contract for preliminary market feasibility analysis. b. Solicit, select, and contract with an expert third-party consultant, acceptable to City and Developer, to provide a comprehensive proiect feasibility study of the proposed Project, said consultant to provide to City an expert opinion of the feasibility of the Project, a pro forma analysis of the projected revenues to the City from the hotel development and the associated lease, if any, provided that Developer has deposited with City full estimated cost of contract for comprehensive proiect feasibility study. IV. Exclusive Nature of Agreement. The City agrees, for the duration of this Agreement, not to negotiate with any other person or entity regarding the acquisition and development of the Site. NotwithstandinQ the foreaoina, it is understood that the City may receive from time to time unsoliciteq alternative proposals for the development of the Site. To the extent that the City receives any such offers, and to the extent that it is decided that any such alternate proposal is to be presented to the Council.[then the Council shall only consider and discuss the same in open sessionl and with the stated aualification that the City cannot and will not neaotiate or contract with such party durina the term hereof. NotwithstandinQ the foreQoinQ, it is further understood that the City shall have the riQht to evaluate and factor in alternative proposals when considerina whether or not to approve, and/or the terms and conditions on which to approve, formal aareements with the Developer for the actual development of the DG\Disk#8A \Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 9 i3.;..tj ,. .. /',- ~ Proiect. The City shall notify Developer upon the receipt of any such alternate development proposal. V. Conditions for Termination of ENA A. Termination Due to Impasse Notwithstanding the Negotiating Period herein above set forth, either party may terminate this agreement without breach on written notification to the other party of intent to terminate after a sixty (60)- day period, sent by registered mail, return receipt requested, if it reasonably determines that it has, despite the exercise of good faith, not been able to reach agreement on the terms and conditions for a Disposition and Development Agreement ("Reasonable Impasse Determination"). If the City delivers such written notification, then Developer shall have the right to require that both parties engage in additional, material good faith negotiations during that 60-day period utilizing, if agreed upon by the parties, in their sole discretion, a mutually agreed upon third party facilitator, who has no power to issue orders or bind. For purposes of this Section, a party shall irrefutably be deemed to have made a Reasonable Impasse Determination if such party submits, in aood faith, to the other party, via reaistered mail, return receipt reauested, its last, best and final offer of basic business terms for the lease or other disposition of the Site and the development of the Proiect, and the receivina party fails to completely accept or fails to respond to such offer by the date fallina 30 days after its receipt thereof. B. Termination Due to Breach Notwithstanding the nominal Negotiating Period herein above set forth, either party may terminate this agreement if the other Party has materially defaulted in its obligations herein set forth, and the terminating Party has provided defaulting Party with written notification of such determination, sent by registered mail, return receipt requested, and the defaulting Party fails to cure such default as provided below. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting Party shall have sixty (60) days from the date of the written notification to cure such default. If such default is not cured within the sixty (60)-day period, the termination shall be deemed effective, unless the defaulting party requests, by written notice delivered in the same manner as the default notice as described above, and the terminating party grants at its reasonable discretion, a thirty (30)-day extension to the deadline for curing the noticed default on the basis of extraordinary circumstances. If the subject default is not reasonably susceptible of curing within such initial sixty (60) day period and if, but only if, Developer has commenced and is continuing to diligently pursue the curing of the same, then in addition to said optional addition 30-day period, Developer shall first have the right to an additional thirty (30) day DG\Disk#8A\Joelen10.wp April 17, 1996 Exclusive Negotiating Agreement Page 10 l.3 - ~5 period to cure. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. VI. City Public Hearing. If the negotiations culminate in an agreement between the Staff and Developer as to the terms for a Disposition and Development Agreement, which is signed by Developer, such an agreement shall be deemed to be an irrevocable offer to the City to contract on the terms of the DDA for a period therein provided for, but at least 60 days, but shall not become obligatory upon the City or become effective until after the agreement has been considered and approved by the City after such public hearings and such procedures as are prescribed by law. The City reserves the right to reject or approve, in its sole and unfettered discretion, any proposed MOU or DDA; a City rejection of any proposed MOU or DDA shall not be a violation of the City's good faith negotiation obligations hereunder. VII. Real Estate Commissions The City shall not be liable for any real estate commission or brokerage fees which may arise herefrom. The City represents that it has engaged no broker, agent or finder in connection with this transaction, and the Developer agrees to hold the City harmless from any claim by any broker, agent or finder retained by Developer. VIII. Execution of this Agreement. By its execution of this Agreement, the City is not agreeing to undertake any activity including but not limited to the approval and execution of a Disposition and Development Agreement; the proposal, amendment, or approval of any land use regulation governing the Site; the provision of financial assistance for the development of any public or private improvement pertaining to the Site; the acquisition of any fee interest or leasehold interest in real property; the authorization or obligation to use the City's eminent domain authority; or, any other activity requiring the subsequent exercise of discretion by the City, or any agency or department thereof. This Agreement does not constitute a disposition of property or exercise of control over property by the City and does not require a public hearing. City execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the City as to any Environmental Impact Report, proposed Disposition and Development Agreement and all proceedings and decisions in connection therewith. This agreement conveys no property right, and shall not be recorded. (End of Page. Next Page is Signature Page to Exclusive Negotiating Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development) DG\Disk#8A\Joelen 10. wp April 17, 1996 Exclusive Negotiating Agreement Page 11 13 -~b , ! IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth adjacent thereto, thereby indicating the consent of their principals. Dated: CITY OF CHULA VISTA By: Shirley Horton, its Mayor Attest: Beverly Authelet, City Clerk Approved as to form and content: Bruce M. Boogaard, City Attorney Dated: JOELEN ENTERPRISES a California General Partnership By: Josef Citron, General Partner By: Lenore Citron, General Partner Endnotes: [Joelen 10J DG\Disk#8A\Joelen10.wp April 17, 1996 Exclusive Negotiating Agreement Page 1 2 13 -~'1 J 61 ;It . ...__.....~__~,_~"^"__....._"_.~__""___.~_..,-=-...~._'~~'~'...,.""'---~... __",,"..^~~..u,_~_~_"_'"~"'_'~'_ ..,. -.,.