HomeMy WebLinkAboutAgenda Packet 1993/10/12
.
"\ declare under penalty of perju~y t~at I am
employed by the City of Chula VIsta tn. the
Office of '~he City Cierk and that I posled
this Agen3a!Noti:::;o on tl18 Q~UllCi1"'n Bo~ard at
the Pubt;~ Ser1ices Buildin c:. d ? a 01\ .:\
Tuesday, October 12, 1993 DATED~~t)\ "\\0\') SIGN!:'.) Council Chambers
6:00 p.m. " ublic Services Building
Regular MeetinS?: of the City of Chula Vista City Council
CAll. TO ORDER
1.
ROIJ... CAIJ...:
Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor
Nader _
2. PLEDGE OF AIJ...EGIANCE TO TIlE FLAG. SILENT PRAYER
3.
APPROVAL OF MINlITES:
The following minutes from the Joint Meetings of the City Council
and the San Diego County Board of Supervisors: September 27,
1993, July 30, 1992, September 24, 1992, September 30, 1992,
November 4, 1992, and November 24, 1992.
4. SPECIAL ORDERS OF TIlE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through 11)
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 wRequest to
Speak Formw available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by the public will be the first items of business.
S. WRITTEN COMMUNICATIONS:
a. Claims against the City: Claimant - R.K. Pierce Construction Company, Inc., Rodger K.
Pierce, President, 4228 #A Acacia Avenue, Bonita, CA 91910. It is recommended that the
Application for Leave to Present Late Claim be denied.
6.
ORDINANCE 2570
AMENDING SECIlON 5.08.020 OF TIlE MUNICIPAL CODE RELATING TO
ADVERTISING MATERIALS ON TRANSIENT RESIDENTIAL PROPERTIES
(second readinS?: and adoption) - Without regard to the constitutionality of
advance prohibition of handbill distribution on hotel/motel property, the
amendment creates a procedure by which a hotel/motel operator could call
and terminate unwanted handbill distributions. It is recommended that
Agenda
-2-
October 12, 1993
7. ORDINANCE 2571 AMENDING SECTION 8.23.230, SUBSECTION D (FUNDING AND RATES
FOR COlLECTION), SUBPARAGRAPH 2, "RATES FOR COlLECTION" OF
TI-IE MUNlQPAL CODE (second readin~ and adoption) - At the meeting of
9/21/93, Council requested that the City Attorney prepare an amendment
to the Waste Management Franchise Ordinance that specifically reserves
the authority of the Council to adopt on an expeditious basis a universal
flat fee which could be imposed quickly and which would impose the same
rate for all persons using the residential waste collection system regardless
of whether or not they are actually using the yard waste recycling program.
Staff recommends Council place the ordinance on second reading and
adoption. (City Attorney)
8. RESOLUTION 17270 ACCEPTING DONATION OF TRAVEL EXPENSES TO ATTEND SOUTI-IWEST
REGIONAL ENVIRONMENTAL DIALOGUE PROJECT OCTOBER 21 AND 22,
1993 - On 5/18/93, Council approved the donation of travel expense from
SDG&E for a designee to attend the Southwest Regional Environmental
Dialogue Project in Sedona, Arizona on June 14 and 15, 1993. We have
now been requested to appoint a designee to attend the Southwest
Regional Environmental Dialogue II, scheduled for October 21 and 22,
1993, also in Arizona. Staff recommends approval of the resolution.
(Assistant City Manager Morris)
9. RESOLUTION 17271 AMENDING RESOLUTION 17245 AlTIHORIZING SUBMISSION OF A
CERTIFICATION APPUCATION TO TI-IE FEDERAL COMMUNICATIONS
COMMISSION - On 917/93, Council adopted Resolution 17245 authorizing
submission of a certification application to the Federal Communications
Commission (FCC) for regulation of cable television basic service rates.
Section 3 of the resolution stated the City had no knowledge of any cable
system in the City that was subject to effective competition. Since that
time, staff has determined that Chula Vista Cable is subject to effective
competition and, therefore, not subject to the rate regulation. Staff
recommends approval of the resolution. (Director of Finance)
lOA REPORT REGARDING CHOICE OF ALTERNATIVE METHOD OF DISTRIBUTION OF
PROPERlY TAX LEVIS (KNOWN AS TI-IE "TEETERw PLAN) BY TI-IE
COUNlY OF SAN DIEGO - For FY 1993/94, the County of San Diego is
offering to each city in the County an option to join the "Teeter" plan
which is an alternative method of distribution of property taxes and
assessments whereby a city will be guaranteed to receive 100% of its share
of the secured property tax levy. In exchange for this guarantee, all the
penalty and interest revenue (which normally is allocated to the city)
received from the payment of delinquent taxes will be retained by the
County. Staff recommends Council accept the report and not approve the
resolution. (Director of Finance)
B. RESOLUTION 17272 AGREEING TO ALTERNATIVE METHOD OF DISTRIBUTION OF PROPERlY
TAX LEVIES AND ASSESSMENTS TO CHULA VISTA BY TI-IE COUNlY OF
SAN DIEGO
Agenda
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October 12, 1993
11.A. REPORT
REVIEW OF CLOSURE HOURS AND CURFEW AT RANCHO DEL REY AND
INDEPENDENCE PARKS AND CURFEW AT CIIT PARKS - The report
examines the feasibility of modifying park hours in select parks that
present public safety problems and increased enforcement at certain City
parks. The recommendations come as a result of citizen concerns about
public safety at Rancho del Rey and Independence Parks. Staff
recommends Council accept the report and place the ordinance on first
reading. (Director of Parks and Recreation)
B. ORDINANCE 2572
AMENDING SECOON 2.66.270 OF THE MUNICIPAL CODE RELATING TO
DIRECTOR OF PARKS AND RECREATION Al.m-IORI1Y TO ALTER PARK
CLOSING HOURS (first readin~)
* * END OF CONSENT CALENDAR * *
PUBIJC HEARINGS AND RELATED RESOLlITIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the RRequest to Speak FormR available in the lobby and submit it to the. City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
12. PUBIJC HEARING GPA-94-01l0CZ-94-A CIIT-INITIATED PROPOSAL TO AMEND THE
GENERAL PLAN AND REZONE CERTAIN TERRITORY, GENERALLY
BOUNDED BY PARKWAY, RGR STREET, FIFTH AVENUE, AND BROADWAY,
TO RESOLVE GENERAL PLAN/ZONING INCONSISTENCIES WITHIN THE
CENTRAL CHULA VISTA COMMUNIIT - The purpose of the ongoing
consistency study is to resolve general plan/zoning inconsistencies within
central Chula Vista. Staff recommends Council place the ordinance on first
reading and approve the resolution. (Director of Planning)
A. ORDINANCE 2573 AMENDING THE ZONING MAP OR MAPS ESTABIJSHED BY SECOON
19.18.010 OF THE MUNICIPAL CODE REZONING 9.7 ACRES LOCATED
BETWEEN PARK WAY, RGR STREET, FIFTH AVENUE, AND BROADWAY
(first readin~)
B. RESOLlITION 17273 APPROVING GPA-94-Ol: A CIIT-INITIATED PROPOSAL AMENDING THE
GENERAL PLAN FOR THE AREA GENERALLY BOUNDED BY PARK WAY,
RGR STREET, FIFTH AVENUE, AND BROADWAY, TO RESOLVE GENERAL
PLAN/ZONING INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA
COMMUNIIT
13. PUBIJC HEARING COMPREHENSIVE HOUSING AFFORDABIIJIT STRATEGY (CHAS) - The
National Affordable Housing Act of 1990 requires all jurisdictions applying
for funding from the Department of Housing and Urban Development to
submit a CHAS. The CHAS is a planning document which identifies the
city's housing needs and outlines a strategy to meet these needs. Staff
recommends Council continue the public hearing to the meeting of October
19, 1993. (Director of Community Development)
Agenda
-4-
October 12, 1993
ORAL COMMUNICATIONS
This is an opportu.niJy 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 agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yeHow -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 agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a -Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
None submitted.
ITEMS PUI1..ED FROM TIIE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public
comments are limited to five minutes per individual
OTHER BUSINESS
14. CIlY MANAGER'S REPORT(S)
a. Scheduling of meetings.
15. MAYOR'S REPORT(S)
a. Ratification of Appointment: Brene Patrick - Economic Development Commission
16. COUNCIL COMMENTS
Agenda
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October 12, 1993
ADJOURNMENf
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 10/5/93.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Schaefer.
Potential litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Admiral
Insurance
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October
19, 1993 at 6:00 p.m. in the City Council Chambers.
October 7, 1993
TO:
The Honorable Mayor and City Council
John D. Goss, City Managef1~
City Council Meeting of ~ober 12, 1993
FROM:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, October 12, 1993. Comments regarding the Written
Communications are as follows:
5a. IT IS RECOMMENDED THAT THE APPLICATION FOR LEAVE TO PRESENT LATE CLAIM
FILED BY R. K. PIERCE CONSTRUCTION COMPANY BE DENIED.
JDG:mab
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CllY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
NEWS RELEASE
CONTACT:
Felicia Shaw, Cultural Arts
Coordinator, 691-5071
Jeri Gulbransen, Public
Information Coordinator, 691-5296
For immediate release.
Oct. 1, 1993
CHULA VISTA CELEBRATES ART. HUMANITIES MONTH WITH DAILY OCTOBER EVENTS
To emphasize the important contributions that the arts and humanities make locally, the
Chula Vista Cultural Arts Commission has planned a month-long celebration during
October as part of National Arts and Humanities Month '93 .
The commission has produced a free calendar of the daily arts and cultural events in
October, available in Chula Vista libraries, businesses, and parks and recreation centers.
The following are just a few of the exciting events that have been planned for Arts and
Humanities Month in Chula Vista:
· "Running Grunion: Southern California Native Storyteller," presented by
Chula Vista Cultural Arts Commission, Oct. 23 at 7:30 p.m. at the Chula
Vista Nature Center, free.
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691,5031
CHULA VISTA CELEBRATES ARTS. HUMANITIES MONTH 2-2-2
· "Pieces," an a capella singing group, presented by Chula Vista Civic Center
Library, Oct. 6 at 7:30 p.m., free.
· "The Mouse Trap" by Agatha Christie, presented by ONSTAGE Productions,
Thursdays, Fridays, Saturdays and Sundays through Oct. 23. Call 427-
3672 for ticket information.
Chula Vista is joining more than 23,000 cultural organizations and communities across the
United States in this year's month-long celebration. Developed by the National Cultural
Alliance (NCA), both the arts and humanities are included for the first time in this year's
campaign titled, "The Arts and Humanities. There's something in it for you."
To officially begin Chula Vista's celebration, the City Council presented a proclamation to
Cultural Arts Commissioners Melody Cernitz and Lori Chan Luna designating October as
Arts and Humanities Month.
The Chula Vista Cultural Arts Commission is a nine-member advisory board appointed
by the City Council to serve as a resource to advise and make recommendations on
cultural arts issues affecting the community. Call Cultural Arts Coordinator Felicia Shaw
at 691-5071 for additional information.
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CITY OF CHULA VISTA
CHULA VISTA CELEBRATES ARTS. HUMANITIES MONTH 3-3-3
National Arts and Humanities Month was initiated in 1985 as National Arts Week by the
National Endowment for the Arts and sponsored by the National Assembly of Local Arts
Agencies (NALAA) from 1986-1992. It began as a week-long festival to celebrate the
importance of arts created at the community level, and the contributions the arts make
to the well-being of communities nationwide.
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CITY OF CHULA VISTA
ARTRAGEOUS WAYS TO CELEIUTE
NATIONAL ARTS AND
HUMANITIES MONTH
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Join communities acrOlUi America this October as they celabrate National Arts and Humanities Month f993. Here in Chula Vista many cultural groups
have scheduled exciting arts and humanities events for)lOu to enjoy during this nationwide oelabration. We hope this calandar of local activities will peak
)lOur interest and encourage )IOu to join in the spirit of National Arts and Humanities Month, by sampling I/Omething new.
-City of Chula Vista Cultural Arts Commission
OCTOBER 1993 CALENDER OF EVENTS
FRI I Exercise your righllO read!
Celelrate NtUional B_ed Boob
Week (Septerrb... 25-0ct 2) by
reading a book of YOlr choice.
SA T 2 Enjoy a good cup of java
and the folklrock guitar of Jimmy
Patton at Cafe Miro. 231 3rd Ave.
in Otula Vista. FREE.Ca11427-
MIRO for show times.
SUN ~SeeONSTAGE
Production's presentation of TM
Mowt Trap. an Agatha Christie
classic. Runs through Oct 23 with
perfonnances every Thur. Fri and
Sat at 8:00 p.m Sun matinees - Oct.
3 and Oct. 10 at 2:00p.m Located
at 310 Third Ave. Ste B-9. Call
427-3672 for ticket info.
MON 4 Kick off National Arts and
Humanities Month with literary
artis~ Quincy Troupe. The poetry
reading and discussion is sponsored
by the California Coundl for the
Humanities and San Diego Com-
mission for Arts and Culture. At
the Pan Pacific Hotel in downtown
San Diego. 8:00 p.m on Oct 6. Call
533-3050 by Oct4 to RSVP.
TUE 5 }ournry to tM Sun with the
Kellogg School of Performing and
Visual Arts. The student-created
nurals depicting life and design
elements of the Aztec/Mayan
culture on display during City
Council National Arts and Humani-
ties presentations. Civic Center. 276
Fourth Ave. 4:00 p.m
WED 6 Get a blast from the past
when the Chula Vista Civic Center
Ubrary presents Pieces. an A
Cappella (vocal) group that will
knock your socks off with songs of
the40s. 50s and 60s. FREE. At 7:30
p.m in the library auditorium, 365
F St. Call 691-5164 for more info.
mUR 7 Improve yOOJ' "artitude".
See Impressions: Selecled Worler
from Ihe Museum of Conlemporary
Arl- San lMgo - through Nov 5.
Presented by Southwestern CoUege
Art Gallery. 900 Otay Lakes Rd. in
Otula Vista. Hours: Tues through
Fri. 10:00 a.m -2:00p.m Wedand
Thurs evenings from 6-9:00 p.m
FREE. Call 482-6372 for info.
FRI 8 Take advantage of the variety
of affordable visual and performing
arts classes offered by the City of
Chula Vista Parks and Recreation
Dept. It.s never too late to learn.
Ca11691-5140 foc info.
SA T 9 See the tapestry work of
local artist Jode Arnold at the
Bohemian Colfee House and
Gallery through Oct 31. Located at
720 Otay Lakes Rd. in Chula Vista.
Call 482-1993 foc info.
MON 25 Put the recession of the
90s in penpeclive by watching the
KPB5- TV documen-
tary. TM Gnat Dtpns-
lioll . a seven.part
series that chronicles
the economic depres-
sion after the 1929
stock market crash.
CnvOF Airs at 9:00 p.m
CHUlA VISfA
SUN 10 Support the Arts with a
California Arts Ucense Plate. Call
the California Arts Council at I-
800-201-6201 for info.
MON 11 Don't miss the Chrk
Center Library's presentation of
the award-winning Westwlnd
Brass ensemble. FREE. Begins at
7:30p.m Call 691-5164 for info.
SO S!
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TUE 12 Sa.. Outdoor Sculpturt!
(50S!) V olunteen are needed to
assist in this national volunteer
effort to locate outdoor sculptures
and identify those at risk. Sponsored
by the Chula Vista Cultural Arts
Commission. Ca11691-5071 for
info.
WED 13 Concerned with the rapid
spread of gangs in your community?
Tune in to Gangs: Drtams Under
Firt, a KPBS- TV documentary that
examines the causes and conse-
quen= of gangs in inner cities as
well as in middle America. Airs at
9:00p.rp.
TOUR 14Buy. sell. trade or just
browse through hundreds of new
and used books at Abracadabra
Bookstore. 310 Third Ave. Ste e-
12 in Otula Vista. Hours: 12-6:30
p.m Tue through Sat. Call 691-
9750 for info.
FRIIS Enjoy s pot luck lunch and
FREE lecture on Tht E.olulion of
fM A._ricon Flalf. Sponsored by
the Oxford Senior Citizen's Club
of the Lauderbach Community
Center. 333 Oxford St. in Otula
Vista. 12 Noon - 2:00 p.m Call
691-3086 for more info.
SAT 16 Did you know that Otula
Vista was once the largest lemon-
growing center in the world? Learn
more about the City's early history
at the Chula Vista Heritage
Museum. 360 Third Ave. Open
Mon through Thurs and Sat from 1-
4:00p.m
SUN 17 Stop by the
Bookstop - Chula Vista
Civic Center Ubrary's
book store with bargain
basement prices. Sunday
Hours: I-3:00p.m
MON 18 Help staIql out illiteracy!
The YMCA Open Book RelUlinlf
Program seeks volunteer tutors who
will spend two to four hours a week
helping a child learn to read Call
the South Bay Family YMCA at
422-8354 for m>re info.
TUE 19 Be the first to see South-
western College's world premiere
of METROPOUS - the musical
which will rock you into the future.
Teatro Mascara Maglca sponsors
the Nov 11 opening night produc-
tion and gala reception in associa-
tion with the Chula Vista Cultural
Arts Commission. Special-priced
tickets for City of Otula Vista
residents and employees on sale
now! Call691-5071 for info.
WED 20 You're invited to attend
Chula Vista High School of
Creat"'. and Performing Arts'
production of This Must bt 1M
Piau. Oct 20.21 & 23 at 7:30 p.m
Also. Oct 23 matinee at 2:00 p.m
Chula Vista High School. 820 4th
Ave. Call 691-5774 for ticket info.
mUR 21 Promenade! Be a part of
the Downtown Business
Association's Ph/llllom Art Galltry
kickoff and Art Promenade. Contact
Mary Coburn at 422-1982 for more
info.
FRI22 Get your "cuppa culture" at
Papa Dave's Colfee House and
check out Edge of Glory in concert.
247 Third Ave. FREE. Call 498.
1847 for info.
SA T 23 Chula Vista Cultural Arts
Commission presents Run"; nlf
Grunion: South"n California
NtUi.. Storyttller. As Running
G",nion. mime Abel Silvas will
share uproarious tales that seek to
dispel the cliches and inaccuracies
SUtTOunding California coastal
Indian culture. FREE. Chula Vista
Nature Center at 7:30 p.m Por
infonnation call 691-5071.
SUN 24 Celebrate United NtUions
Day - a multi-cultural food-fest
sponsored by the Friendship
Committee of the City of Otula
Vista. Norman Park Senior
Center. 270 F St.. 11:00 a.m until
3:00 p.m Call 691-5086 for more
information.
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CITY OF CHULA VISTA
TUE 26 ApplAude the work of
Vall. Undo Elementary School
visual arts ltudents and teach....
during their City Conncll Nat Arts
and Humanities presentations. Civic
Cent.... 276 Fourth Ave. at 6:00
p.m.
WiD 27 What really happened to
Amelia? Find out when KPB5- TV
airs A_lia - an Amerit:on Experi-
enet film that documents the
glorious and enigmatic life of
aviator. Amelia AedJart. At 9 p.m
mUR 28 Let's Talk About Boob.
The Civic Center Ubrary's book
discussion group reviews :IIll:
nlL~i~ Hundry AII.Time Favor.
1l.s.fswIII- edited by William
Harmon. 10:15 a.m FREE
FRI 29 The worch and spirit of
Woody Outhrie come alive in a one-
man show based on the life of this
American legend. Woody Guthrit
is performed Oct 28 and 29 at 8:00
p.m Kellogg School of Perform-
Ing and Visual Arts. 229 E Naples
in Otula Vista. $10.00 donation.
Call 420-4151 f~ info.
SA T 30 Dim the lights. gather
around the fireplace and tell ghastly
ghost stories. We recommend
selections from Scarev StoriK to
Tell in the Dark by Alvin
Schwartz.
SUN 31 Establish a new family
tradition - celebrate Dia de los
Muerros (Day of the Dead) Honor
yOOJ' deceased loved ones with a
family attar ~ contribute memora-
bilia to the community altar at
Southwestern College. Call Carlos
Pelayo at 422-4520 for more info.
Speciallhankr 10 Dr. Feliciano Rios
for his generous donalion and
mpporr ofChula Visla Nal A.rls &:
Humanilies Month aClivilies.
October 5, 1993
Our year of Joollne(Y To The San.
This year Kellogg will spend our year in sundrenched Meso America.
Please join us for that and the following:
Pieces of Dance in America - The Sequel, December 6-10.
This concert will feature pieces from American choreographers, and
will be the same revue style as our original show.
Wioten Mesic~ !J(]OC8nt , January 24 - 28. Our annual winter concert
featuring our band in orchestra.
A1("@U"l@l l:,he Werl<!l In ~ene, February 1 - 4. Join us as our primary
grade levels sing songs from around the world and in different
languages.
Joo~neiY To The San, March 7 - 11. A sun drenched journey to
the ancient Aztec and Mayan cultures of Mesoamerica.
FestivaL of the San, May. In conjunction with the City of Chula
Vista we will present an ancient city, show some of itls daily activities
and marketplaces and perform ancient dances.
Musical Concert, June 13 - 17. Our last full Band and Orchestra
Concert and Chamber Concert of the year and with many tears we
bid a fond farewell to our graduates.
That's it! We1re not very busy as you can see! As always you wilL
receive invitations of times and exact dates of our show. We look
forward to another great year of working with you and seeing you at
Kellogg.
Thanks, ~
~ CJr<<l-tt:---. vA ~~ stu--
The Productions Department at Kellogg
4 t) --b
Kellogg Peufournfng ana Vfsual
A uta MaBn~ CDfll 'fake l'fs .J:ouu'fb
expe~ftfon back fn time to the
lanos of ancient Mexico. Tbeue
ouu stu~ents guares K -(5 lJJill
encounteu the fOoos, clothing,
music, aut, aucbftectuue, uftuals
ana oance of oua fascinating
neigbbous.
We UJill be joineo b(V tbe Museum
Of Man, San Diego CbiloJlens
Museum, Olo Globe Tbeatue ano
tbe Minfsta(Y of Cultuue faorn the
Cft(Y Of Tfjuana.
Tbe Festival Of the Sun, in con-
junction lJJitb tbe Cit(Y of Chula
Vista, rDfll be open to CVE5D
sturents ana teacheas Quaing the
month of Ma(Y.
Kellogg is the uecfpient of a
$..2000.00 guant fJlom the PAAC
ano is accepting an(Y in kino seuv-
ices that might be o.J:feu~ to
augment tbat .J:un~inB.
4 b-- L{'
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THE KELLOGG SCHOOL VISUAL AND PERFORMING ARTS PROGRAM
THE 'NUMBER FIVE' SCHOOL BUS ARRIVES DAIL Y...
Dorothy asked, "A place where there isn't any trouble?
Do you suppose there is such a place, Toto?"
A place where all things are possible.?
A place were you can become the Emperor of China, the
Queen of Egypt, or a gallant knight from the middle ages?
A place where you can dance with Mary Poppins and fly
with Peter Pan?
A place where the music of Beethoven, Joplin, and Sousa
is heard up and down the corridors?
It isn't a place you can get to by board or by train...
and, it isn't far away.
THE 'NUMBER FIVE 'SCHOOL BUS ARRIVES OAIL Y...
Kellogg School has been selected as the Creative and Performing Arts Magnet for the
Chula Vista Elementary School District. As part of the district's voluntary integration program,
reorganization of the magnet occurred in 1988-89. Using the School Improvement Program
process, the staff set the stage and developed a clear school mission for the magnet:
· to provide an opportunity for every student to receive instruction and experiences in
drama, vocal and instrumental music, dance, and the visual arts beyond what they
would normally receive in a typical elementary school;
· to develop students' interest in both active and audience participation in the Arts;
· to develop the fundamental communications skills of listening, speaking, reading, and
writing through the arts; and
· to develop cultural literacy through "reliving" history within the Social Studies
framework and curriculum.
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THE CITY OF
SAN DIEGO
..\.l"fERICr.'S FtVEST CITY
MAUREEN O'CONNOR
MA YOR
July 2, 1991
Ms. Bonnie Johnston
1424 Myrtle Avenue, No. 1
San Diego, CA 92103
Dear Ms. Johnston:
I am deeply grateful to you for your fine contribution during the
59th Annual U.S. Conference of Mayors. Through these efforts, we
were able to showcase the artistic and cultural richness which is
unique to our diverse community of San Diego. Your presence
added the precise element needed to complete this experience.
Please accept my sincerest gratitude for your considerate and
willing support. Best wishes for continued growth and success in
all your creative endeavors.'
-
O'Connor
MOC:DMT:gp
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CITY ADMINI$TRA TION BUILDING. 202 C STREET. SAN DIEGO. CALIFORNIA 92101
<6191 236-6330
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:::'~ Metro South news ~..\;/~~1~1ir'~v"".'~r
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;~ schools
Jlossom in
~hula Vista
State takes notice
of students' gains
Lillian E. Heffernan
r,c::<' Staif Writer
;'c::jehers at Kellogg and Halecrest
::Ientary schools in Chula Vista
c' the philosophy that if you have
J, expectations for students, the
lents will riSe to those expecta-
b.
d yuu teach them about ancient
.;:.pt, the pharaohs and the culture
:;Je era. those students can create
"'TInkle in time" project complete
.' ~ a floating barge that tours the
:.t)s. ,nd guides who explain the
:J;]~ying process and show the
.. ':;!e of a pharaoh.
:'I,U teach them about the human
'.' magnetism and oceanography,
. 51 Vt them hands-on experience
"-.:ience objects, by the end of the
~r they will be teaching fellow stu-
'nts the joys of science.
';tudents have blossomed in their
'spect:ve Chula Vista magnet
'l<Job, teachers and administrators
., And the state educational sys-
:: ~as taken notice.
,,'-llogg and Halecrest both won
. :.'teol Golden Bell awards from the
,.ifornia School Boards Foundation
.., year. The awards are given for
.'~rams that achieve outstanding
..litS The Chula Vista schools were
:,ung 24 Golden Bells awarded
Tribune pnoto by j,.t'
,
Old Globe Theatre actor Will Crawford helps Rebec-
ka Price, Vanessa Rulz, Mark Denham and Gabriel
throughout the state.
At Kellogg, students are filled with
artistic experiences every day they
attend class. Throughout the year,
they take dance and voice lessons.
They put on art shows. They are
taught to playa musical instrument.
and many of the students are in the
school band.
But the grand finale of instruction
each year is the "wrinkle in time"
project, which is an onstage produc-
tion of a specific histOrIcal theme the
student body has been studying the
entire year,
4b -q\
Vega into the Halloween spirit at Kellogg Sch,
which has won a state award for its arts program
In past years there was the land of
the pharaohs and the land of the Mid.
die Ages. This year it will be a Greek
odyssey.
Already the students have made
masks based on mythological fig-
ures. They will make pottery bow Is
and cups. They are raising a vegeta-
ble garden LO fill those bowls with a
Grecian salad,
And at the end of the year, they
will once again convert the cafeteria
into a magnificent playhouse to suit
the theme. The students will help de-
Please see SCHOOLS: B-l2, Co!. 1
B-12 SAN DIEGO TRIBUNE CD
.'C ... Metro South news II
Friday, November 1, 1991
~
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SCHOOLS
Continued From 8-9
sign the sets and will do all the work
themselves, with the professional
help of interested artists.
"One of the biggest strengths of the
program is the artists" commitment
to these kids," said Bonnie Johnston,
the school's artistic director. "And
the artists are doing as professional
a' job as if they were out in the com.
munity."
The students absorb the knowledge
they receive at the school and .it
overflows into other aspects of theIr
lives, Johnston said.
They gain greater self-esteem and
self-confidence, enough so that many
of the students have auditioned for
theater productions throughou.t .S.an
Diego. They inherit the responslbll1ty
of caring for props and learn to re-
spect the abilities of those around
them.
"I love the idea that we may be
creating artists, but what is import-
ant to us is that we create people
who appreciate the arts," Johnston
said.
As long as the school continues to
teach across curriculums, with sci-
ence, social studies and literature all
being incorporated into lessons, they
will continue to be a success.
"That's why we have a broad cur.
riculum," Johnston said. "If it's just
art things, people don't think it's im-
portant. But if we can incor~ora~e
the arts into curriculum, which IS
very easy to do, then it gets
credence."
At Halecrest, students are gifted in
a different field of learning - sci-
ence.
There they get a good mixture of
earth, life and physical sciences.
They learn about mealworms, brine
shrimp and plants in the lower
grades. And they advance to the
human body, electricity and
oceanography in the upper grades.
All the while, they are a part of
experiments where they try to
predict conclusions and understand
the world around them. And for in-
spiration, they can look to the back
of the science center where a banner
of the space shuttle surrounded by an
American flag collage consisting of
thumb prints from all the students
hangs proudly on the wall. The
banner flew in the space shuttle At-
lantis on its trip into space in Decem-
ber 1988.
Fifth- and sixth-graders currently
are immersed in learning about the
human body.
.
. . "They start to learn about the skin
and then Jthey work their way in-
ward," said teacher Ruth Young.
"This is a good age to get started
about learning about the body. They
hang on every word because this is
the first time they learn about them-
selves."
Most dramatic is what the stu-
dents learn about the human lung.
Young hauls in a model of three dif-
ferent lungs, one healthy, one eaten
away by emphysema and one short-
ened by cancer.
"I tell them they are at a cross-
LI /:}-!C
roads here, they have choices to
make," Young said. "Ma.'1)' bring
their parents in to see the lU:1;..{s."
The program has been 311ccessful
in turning kids on to scien~'e t.ecause
it reaches an entire cross-section of
students, gifted, monolingual and bi-
lingual.
"Some students can only speak in
their native tongues, so when they
come in here, it's hands-on and they
can participate," Young said. "If they
had to learn from a science book,
they would be excluded."
The highlight of the year, however,
comes in May at the school's science
discovery day.
Selected sixth-graders who have
participated in science seminars
throughout the year turn the tables
and become teachers themselves.
They work in groups to think of a
science presentation and demon-
strate it for the rest of the school.
Anything from how bubbles .are
formed, why kites fly and chemIcal
magic are among the demonstra-
tions.
"To be a sixth-grader and a teach-
er is a lot of responsibility," Young
said. "I'm sure we will end up with
some teachers, but what is important
is that they end up with a positive
attitude toward science and that they
pass that enjoyment on to others."
The awards have made school Su-
perintendent John Vugrin proud.
"We've always prided ourselves on
being on the cutting edge," Vugrin
said. "These two schools, at this
point, are being recognized for being
on the cutting edge."
~F=
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5 May, 1993
C'V EI.EM, SCHOOL DIST.
RECE/VEn
MAY 1 a 7993
~(J"E.X'j~I,"Jl...,"
nl,,) vrt'l..l:
Dr. John Vugrin
Superintendent of Chula Vista City Schools
84 East "J" Street
Chula Vista, CA
Dear Superintendent Vugrin:
Since the Old Globe officially "adopted" Kellogg School a while back, I
have tried to make it my happy business to attend as many of the creative
presentations Bonnie Johnston has evolved with the help of her partner and
designer Greg Stevens. But I must admit nothing quite prepared me for
the most recent event of the environmental display called the
"Kellosphere."
It is not that this event in any way towers over the others I have seen. It is
rather that the range and scope of the challenges these two artists present to
their students simply baffles the imagination. I suppose, if you think about
it, stage presentations of any kind should, in fact, be extraordinary from
two individuals who are obviously so professionally acute and so genuinely
talented. Even though those productions are far above the ability of most
institutions employing older students, you might well make a case that this
is what "they do best." How, then, are we to react when we are invited into
the very same space with many of the very same students who have
delighted us in their Disney dancing roles, only to find those students lost
in characterizations of serious, dimensional "scientists" and their
environment changed radically and brilliantly into something Disneyland
might well be proud to call their own.
My reaction is simply to suggest to our own professional staff that as many
of them as can spare the time from their tortuous schedules make regular
visits to whatever it is that Bonnie and Greg are currently doing, if only to
renew their own sense of joy and a commitment to producing' "the
impossible." This seems to me to be a partnership that has at its heart the
Page 1 of 2
CRAIG NOEL JACK O'BRIEN THOMAS R. HALL A "'enda I tern 7. B
EXECUTIVE PRODUCER ARTISTIC DIRECTOR MANAGING DIRECT~ne 8, 1993
POST OFFICE BOX 2171 . SAN DIEGO, CALIFORNIA 92111.1171 . FAX .(6191231.5879. BOX OFFICE: 1(19) 239-1255. BUSINESS: 1(19) 231-19~1
</6' (/
genesis of all that is beneficial in the creative spirit, and I can only wonder
at what the effect will finally be on the young minds now enjoying these
sensational experiences in their later lives.
Would there were a way to "export" this output! It is a superfluity of
riches unparalleled in my educational experience. I congratulate you and
your school district on having something that goes beyond exemplary. The
consequences of this creative teamwork must clearly extend far beyond
Chula Vista. I'm beginning to think Kellogg School might rather consider
"adopting" the Globe!
"""
Page 2 of 2
Agenda Item 7.B.l.
June 8, 1993
1b.-&
March 1992, Volume 11, No. 3
ONNECTIONS
Quarterly
National Assembly of Local Arts Agencies
....
Arts
.
10 .
EducatIon
;) b --/3
Kellogg
An Arts
Program
Elementary:
in Education
That Works
by Randy Cohen
ARTS't:-i EDUCATIO:-i
has fast become one
of the art world's
life ropes. It is an effective teaching
medium, a significant source of
funding, and most importantly, a
bridge to tomorrow's audiences.
While arts education committees are
busily developing programs, poli-
cies and guidelines, we sometimes
forget that every morning when the
school bell rings, hundreds of
schools are already successfully
making the arts part of education.
Kellogg Elementary first grabbed its
school district's attention when stu-
dents consistently ranked in the top
quartile nationally in math, reading,
and writing. The pleasant irony of
Kellogg being recognized for its
academics is that it is the district's
Creative and Performing Arts Mag-
net School.
Minutes north of the Mexican bor-
der in Chula Vista, Calif.. Kellogg
Elementary is nestled in a low-to-
middle class neighborhood. The 428
students comprise a rich ethnic di-
versity that reflects its community:
American Indian or Alaskan (0.7
percent), Asian or Pacific Islander
(2.0 percent), Filipino (1.6 percent),
Black (3.1 percent), Hispanic (39.2
percent), White (53.5 percent).
From the outside the school looks
like any edifice of elementary edu-
Lib I(
cation. Inside, however, students are
participating in an enviable process
of combining art and academics, be-
coming a generation with fine arts
training; a lifetime appreciation of
the arts; and an above-average ability
in reading, writing, math, and social
studies.
Kellogg's mission is basic: To nur-
ture self-esteem. inspire academic
excellence, and unleash creative po-
tential. The school achieves its mis-
sion with a dazzling curriculum that
integrates the visual and performing
arts into all areas of study. Integrat-
ing the arts into the curriculum is a
teaching method in which a lesson is
taught by using an art activity as the
vehicle-as opposed to a lecture-to
achieve understanding of the topic.
To integrate art into the curriculum
students require art instruction, and
they get it daily. Every Kellogg stu-
dent receives scheduled training in
dance, drama, voice. instrumental
music, and art from professional art-
ists and credentialed teachers. Each
year the school provides for student
participation in at least two theatrical
productions. one dance performance,
three instrumental music concerts,
one art show, one vocal music con-
cert, and one live theatre production
off campus. All students are provided
with instruction in audience etiquette,
customs, and manners. The school
March 1992
3
GONNECTIONS
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boas,s a 240-piece band and orches-
tra; kindergartners receive keyboard
training on the piano; all students
receive instruction from a profes-
sional ceramicist; <L'1d students in
grades 4-6 receive scenic art in-
struction from a professional set-
designer. Students learn the creative
process not only as performers and
artists. but as technicians.
Enriching lesson plans with art ac-
tivities avails as many opportunities
as can be creatively conceived of by
the educator. For example, plays are
written and read in language areas
incorporating vocabulary, punctua-
tion, speech. and poetry.. Drawing
the biological world around us helps
us better understand animals, veg-
etabies, and minerals. A ballet of
the moon rotating around the earth
as they both rotate around a pirouet-
ting sun teaches the lesson of our
planets and solar system. These are
simple examples of an art activity
being used to teach a lesson.
Lesson plans can be developed us-
ing the arts that involve several cur-
riculum areas (e.g., math. language,
social studies, art, science) in one
acti vi ty. This method is called
reaching across the curriculum or
cross-curricular instruction (de-
pending whose education jargon you
are using). An example from a so-
cial studies class: After discussing
the American Colonies and the Bos-
ton Tea Party, the teacher produces
a picture of colonists throwing
crates of tea into the Boston Harbor.
Students are divided into groups of
five and given three minutes to plan
a one-minute scene which results in
a tableau of the teacher's picture.
After the scene is performed, each
student writes a script of his scene.
The group then decides on one
script or synthesizes a new one and
begins a one-week project to pro-
duce a one-minute play. This small
production includes set designs
based on studies of period architec-
ture, costume renderings with fabric
4
swatches based on period clot:c:;;g. a
report of the music the color:ists
listened to and the books they read.
Follow-up activities may include
preparing position papers written by
a colonist and King George or a
debate between the two. This one
unit has incorporated reading. writ-
ing. art. creative improvisation.
math, <L"ld history. The srude:m
have worked together (cooperarive
learnin;J to learn about the histori-
c:!1 event. the people who mace it
h:!ppen. and what their life was like.
Kellogg has ta.leen teaching across
the curriculum and integratir:g the
arts into the curriculum to the next
level by involving the entire school
and :!ll of the student's classes.
"We believe history is taught
through studying the lives of the
people ",1,ho lived in that tirr:e. . . . "
So begins the philosophy of
Wrinkles in Time. the aware ".vi::.-
ning prognm developed by P:-inci-
pal Robert French: Artistic Director
Bonnie Johnston; and Lang'.lage
Arts Specialist :\'Iarilyn Dye.
Wrinkles in Time explores our c'..:l-
tural heritage through the srudy of
different civilizations. Each year 1
historical ?eriod is selected :!s the
Wrinkles in Time theme. Past
themes have included Ancient
Egypt and the Middle Ages: this
year's is a study of Ancient Greece.
Bonnie Johnston is effusive .....hen
describing the Wrinkles in Time
process: "By studying past civiliza-
tions we not only learn about the
Greek or Egyptian societies, we
learn about our own, We go beyond
memorizing timelines and famous
people. We ask the questions that an
artist asks herself in the creative
process. When did these people
live? How long? What were the
conflicts in their lives? What music
did they play? What did they be-
lieve in? What did they eat? What
did they rcad? How did they add or
do math? Who were the great writ-
ers and thinkers? What diseases did
Lib" 0-
they contract'? What games were
played: What jobs did they have?
By answering these questions we
can better understand the actions of
historical figures and what made
that society great. \Ve can then ex-
amine the similarities and differ-
ences in our own society. History
comes alive!"
Tnis year's immersion into the An-
cient Greek Civilization began with
a muitimedia unit on Homer's Od-
yssey. which included reading the
book, learning vocabulary, and lis-
tening to taped readings. A San
Diego State Cniversity professor
taught students the Greek Alphabet
which they used for writing assign-
ments; another coilege proiessor
t:!'.lght units on Ancient Greek kg-
e:lds: the Wig Mistress from the Old
Globe Theatre taught a unit on
Greek hair styles. wigs, and make-
up: and a profession:!1 archeologist
taught units on Greek jewelry and
artifacts. which included discussing
the archeologist's process of discov-
ery. Students wrote articles and
published a newspaper for their
"fellow" citizens of Ancient Greece.
The fourth through sixth graders
had an interesting project that em-
ployed the use of math. design. in-
terpretation of literature, and was
topped-off with a lesson in promot-
ing their cre:!tion. Students chose a
favorite Greek myth and designed a
set that had to fit in an Ancient
Greek Theatre. They drew render-
ings, floor plans, elevations. and
scale drawings that incorporated L~e
theme of the play into their func-
tioning set. To give the students a
bite of professional reality. they
gave a presentation and defended
their designs to Greg Stevens,
Kellogg's professional scenic artist.
They were evaluated on their con-
ceptual understanding of the myth.
how it was integrated into the de-
sign. the quality of the work. and
their presentation. Students were
continued on PC1ge 25
CHULA VISTA ELEMENTARY SCHOOL DISTRIcr
MYRTLE S. FINNEY ELEMENTARY SCHOOL
3950 BYRD STREET · SAN DIEGO, CALIFORNIA 92154 . (619) 690-1334
William W. Hall, Ed.D., Principal
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
For some five years my fifth and sixth graders have sailed the Nile
and discovered the mysteries of Egypt and its glory, learned from
first.hand sources the trials are tribulations of Medieval times
as told to them by the knights and ladies of that era, and met historical
personalities such as Marco ~olo and Leif Ericson, up close and personal.
All of these vicarious thrills were brought to life magically through
the talent and hard work of Ms. Bonnie Johnston, her assistants and
the students of Kellogg School via the Arts in Education program.
The teachers at our school would agree that these excellent and highly
educational productions not only bring history to life, but are pertinent
to the curriculum, presented in ~n extremely professional manner, and
are a real turn-on for our students.
In this era of tight school budgets I can't think of a program in
our district where kids and parents get such a high educational return
for their tax dollars than the Arts in Education program.
My fondest hope is that all of our fifth and sixth graders will be
educationally enriched through Arts in Education. By better understanding
history will these children better prepare themselves for the future.
nn Reeff
Fifth/Sixth Grade Teacher
Finney School
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F. 1
!li 002
'.
The Importance of the Am in Education
Richard W. Riley .'
U.S. Secretary of Education
Man:h 17, 1993
PREPARED IU:MARKS
It's a pleasure to join you as you becin National Arts Advocacy nay. I know
from my experience in South Carolina that a.ru supporters make strong,
outspoken and effective advOQtes for the arts and arts education. The voice
and support of our a:u advO<::1tes in South Carolina were crhilri'l as We worked
to improve cduc:1tion and critic~ as I proposed increased funding for the South
Carolina Arts Commission.
As Governor of South Carolina, I visited hundreds of communities and schools.
During those visits, I repeatedly witnessed the positive energy and atmosphere
of creativity which e,wt in communities that embrace the arts. Schools which
consider the arts to be a basic {'art of educ:1tion were morc vibrant and enpgini.
1
</6 .- /1
(fl';F.:..2r:~-''3::: _)~_:_O...l;':'il ~~~ .l!8~HI.li::T~,rl:< ':02:3~.1_1)...l;:..HCAFFAA~-26 'g~ ~7:S8FlM P....l ~OOj
But jf me artS playa key role in undersr.a.,ding o~nelves, they l'lay an equally
important role as a key to education reform. Any teacher knows how
frustrating it is these days to get students enthusiastic about their subject - any
subject. This in turn affects the teacher's morale. But recently we have seen
some great successes in sc:hools that eilher focus on the art.! in the curriculum
or use the artS in inventive ways in other counes.
~ For example. at Karl Kellog Elementary School in Chula Vista. California,
students study a different civilization each year using the performing arts.
Each student is involved in a range of activities including acting, dancing,
singing 8J1d writing. The result as they describe it is to Wbreathe life into
history.. For them and for other schoob with similar pro&ramS, the artS expand
modes of learning :lnd ~reeue gr=ter opportUnities for students and teaChers to
connect in productive ways.
And expanding art in educ3tion can be done without busting a school budget.
Wayno County. Ohio recently strenJthened iu arts education for students K
through 12 with fundinl from a mix of private and public sources.
4
~h~ /8
COUNCIL AGENDA STATEMENT
Item
~
Meeting Date
10/12/93
ITEM TITLE:
Claim Against the City
SUBMITTED BY:
Director of personnel~
(4/5ths Vote: Yes
NoXX )
REVIEWED BY:
City Manager
Claimant:
R. K. pierce Construction co., Inc.
Attention: Mr. Rodger K. Pierce, President
4228 fA Acacia Avenue
Bonita, CA 91910
On August 30, 1993, R. K. pierce Construction Co., Inc. filed an
Application for Leave to Present a Late Claim against the City of Chula
vista. The attached claim, for an amount within the jurisdiction of the
Municipal court, alleged the City caused damage to the claimant in connec-
tion with an incident involving our Building and Housing Department on
October 8, 1992. Mr. pierce contends he was unaware of the full extent of
his damages until May of 1993; however, a stop notice was issued on October
8, 1992 which would have made him aware of the potential for damages.
Because of the excessive delay in submitting this claim, and because
of questionable liability, it is recommended by the City's claims consult-
ants, Carl Warren 'Company, and Risk Management, that the Application for
Leave to Present Late Claim be denied.
RECOMMENDATION: Deny the Application for Leave to Present Late Claim.
J
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Form A-113 (Rev. 11/79)
,~-J
p..oot>~no\'\
RtJ-O\~G p..~O
$t.CO~O ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 5.08.020 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO ADVERTISING
MATERIALS ON TRANSIENT RESIDENTIAL PROPERTIES
J 5'7 CJ
SECTION I: That Section 5.08.020 of the Chula vista Municipal
Code is hereby amended to read as follows:
Sec. 5.08.020 Distributinq-on residential property
-Restrictions-Reqistration required when.
A. It is unlawful for any person, firm or corporation, or
any agent or employee of any person, firm or corporation
to throw into, leave upon or scatter onto any residential
property. including transient residential Dropertv such
as hotels or motels. in the city, without the consent of
the owner thereo~ or his agent, or the occupant of the
private property, any newspaper, handbill, pamphlet,
circular, dodger or any advertising sheet or matter
devised or intended to promote any commercial or
money-making activity. Such consent shall be implied
unless and until the owner or his agent, or the occupant
of the private property clearly indicates otherwise.
B. Any person, firm or .corporation or any agent or employee
of any person, firm or corporation throwing into, leaving
upon or scattering onto any residential property.
includinq any transient residential proDerty such as a
hotel or a motel. an above-mentioned newspaper, handbill,
pamphlet, circular or dodger or advertising sheet, shall
clearly indicate its name and telephone number where
consent by a private property owner may be effectively
revoked. Such person, firm or corporation as mentioned
above shall be required to each year register with the
city clerk on the appropriate forms.
~ It shall be illeqal for anv person. firm or corporation
or anv aqent or emDlovee of anv Derson. firm or
corporation distributinq anv newspaDer. handbill.
pamDhlet. circular or dodger or advertisinq sheet in the
citv without a business license to conduct the commercial
activitv therein advertised.
SECTION II: This ordinance shall take effect and be in full
force 0 the th tieth day from and after its adoption.
oved ~:J)m
by
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
/~/5/93
c:\ORIADVERTlSING
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'r--~\)
SJ\~f0. CITY COUNCIL AGENDA STATEMENT
~<v~
O~\)
~<vO
ITEM
c,
MEETING DATE:~ \0 1'1./'I~
ITEM TITLE: Ordinance No.
~.5"7~
Amending Section 5.08.020 of the Chula Vista
Municipal Code relating to Advertising Materials
on Transient Residential Properties
SUBMITTED BY: City Attorney ~
4/5ths Vote: Yes__No X
Without regard to the constitutionality of advance prohibition of handbill
distribution on hotel/motel property, the attached amendment creates a procedure
by which a hotel/motel operator could call and terminate unwanted handbill
distributions. It is recommended that until we know the impact of this
procedure, no further or additional proscription be created.
DISCUSSION:
At the City Council meeting of September 21, 1993, the City Council received the
complaint of Chula Vista Travelodge, a copy of which is attached hereto as
Exhibit "A", that unwelcome and uninvited handbills were being distributed to the
rooms of their guests.
The City Council directed the City Attorney to review the matter and to recommend
such controls as he felt appropriate and within constitutional limits.
The City Attorney has a prepared a modification of our existing handbill
distribution ordinance contained in Chapter 5.08 so as to expand the existing
proscription on the distribution of handbills to residential properties to
clearly apply to transient residential properties such as hotels or motels
despite its otherwise commercial zoning. By adopting the attached amendment to
the ordinance, a hotel owner or his agent could thereby secure a copy of the
advertising literature and determine whether or not the advertising literature
contained a name, address and telephone number where the owner could register
their revocation of consent. If the advertising literature did not have such a
name, address and telephone number, that in itself would constitute a violation
of the ordinance for which the handbill distributor could be prosecuted. If it
does contain the proper information, the owner could thereupon advise the
handbill distributor that they no longer wish handbills distributed to that hotel
or motel and the handbill distributor having notice of revocation of consent
would be obliged to no longer distribute the handbill to said establishment.
Continuation of the distribution after revocation of consent would constitute a
violation of the ordinance which could be prosecuted and, in my opinion,
withstand constitutional muster.
RECOMMENDATION: Adopt the attached ordinance
BOARDS/COMMISSION ACTION: Not Applicable
FISCAL IMPACT: None
c:\A113IAOVERTISING
~-/
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~ -- - 'E-XHIBIT A
RECEIVED
,.,-- 8
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Dear 7J1~r, 7ilr 7V'~I.e...,/ "93 E' -8 P3 :31
The Hotels and Hotels in the~~~t~ue~~~~~vista have joined
together to form the Chula Vta ~C ~~~p~ciation. As an
association we meet on a montn y as,svto'Vinvite guest
speakers, plan projects to promote our industry, and discuss
problems that concern all of us.
One problem that we all have is companies or individuals who
make pizzas come on our properties and slide advertisements
through our guest room doors. The purpose of this letter is
to petition the Chula Vista city Council to pass a city
ordinance that can be us~d to stop this unwanted intrusion
on our propert i es. " -
The following is a list of reasons why we feel this is a
important and valid request for this city ordinance.
1. This is a liability concern for us. As these
advertisements are pushed into our rooms they fall on the
floor where a guest could easily slip unaware of a loose
paper flyer that is normally not found on the floor of a
hotel guest room.
2. We have contacted the police department about these
unwanted trespassers. They have told us there is really
nothing they can do to help us, as there is no law to
enforce at this time
3. The city of Anaheim California passed an ordinance
to solve this problem for the hotels in that area. The
ordinance number is AMC section code 7.24.040 distribution
of hand bills prohibited. Other cities are seeing this
problem that hotels are having and are begining to help in
this WaY.
4. When these people arrive on our properties they drop
off three to four people who run around to all our guest
rooms doors alarming our guests as to who would be at there
door, and have even tried to get into guest rooms.
5. When asked to leave by motel employees they usually
comply only to return later that day or the next, knowing
they are not wanted and that there is really nothing we can
do. They have made threats, used abusive language and made
obscene hand gestures when they were asked to get off our
properties.
,
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~~ (<I)WRITTEN COMMUNICATIONS
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6. It is our concern that most of these companies
not have a business licences so they are not inspected
the health department. Only phone numbers are left and
only deliver and refuse to give address of company, is
pizza our guests are buying safe to eat?
do
by
they
the
7. These pamphlets are very unsightly and have
attributed to a daily litter problem. We are having to pick
up these pamphlets that were left in our rooms and parking
lots in order to keep our properties clean, comfortable and
safe for our guests.
These are a few of the reasons we have for bring this
petition before you. Since our properties reflect an image
of the city we need the City Councils help in solving this
unsightly and potentially dangerous situation. We would be
enthusiastic to meet with the City Council to discuss this
matter in more detail. We will be anxiously waiting for a
reply from you about a time and date when we will attend a
City Council meeting.
-
Sincerely,
J3~~">
{'Al1 (/~/~r-
3'1t1 6~~t(A./~
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COUNCIL AGENDA STATEMENT
ITEM
7
MEETING DATE: J,.Df1irf9T \0 Ii'l../q~
SUBMITTED BY:
02.5'7 J
Amending Section 8.23.230, Subsection D (Funding
and Rates for Collection), Subparagraph 2, "Rates
for Collection" of the Chula Vista Municipal Code
Attorney 4
4/5th. Vote: Yes__No~
ITEM TITLE: Ordinance No.
City
At the City Council meeting of september 21, 1993, the Council requested that the
City Attorney prepare an amendment to the Waste Management Franchise Ordinance
that specifically reserves the authority of the Council to adopt on an
expeditious basis a universal flat fee which could be imposed quickly and which
would impose the same rate for all persons using the residential waste collection
system regardless of whether or not they are actually using the yard waste
recycling program.
The attached ordinance will specifically reserve that authority in the Council
and that authority can be exercised by a Master Fee Schedule amendment, a change
which can be accomplished by resolution rather than an ordinance.
No specific time frame is given; however, it will be staff's recommendation that
we do so as an action item on a public agenda which will permit sufficient
advance notice to the public that there is a proposed change in the rate
structure.
We have asked Laidlaw to estimate the time it might take to implement a change
over to a universal rate system and what approximate rate they would request
given the current marketplace and flow load. They advise it would take
approximately 60 to 90 days after the Council changed the rate structure and that
the rate that they would request if such a rate structure would be implemented
currently is approximately $2.00 per household per month if the Council does not
require Laidlaw to provide the bins, and $3.00 per household per month if the
Council requires Laidlaw to provide the bins. The amount of their request will
change from time to time as the economics of yardwaste recycling change.
Please be assured that the adoption of the attached ordinance will not implement
such a rate structure, but will only give the Council the authority to create a
modification to the rate structure by resolution, and no specific time frame is
set forth for that change to take place. Staff will use its best judgment to
inform the public of the matter at such time it may be brought to the Council for
consideration.
RECOMMENDATION: Adopt the attached ordinance
BOARDS/COMMISSION ACTION: Not Applicable
FISCAL IMPACT: None
C:101131yudwu1e
7~/
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1HIS PAGE BlANK
-
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7-;(.
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~G ~
~ ~~Q'\ ORDINANCE NO.
~~CO~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 8.23.230, SUBSECTION 0
(FUNDING AND RATES FOR COLLECTION),
SUBPARAGRAPH 2 "RATES FOR COLLECTION" OF THE
CHULA VISTA MUNICIPAL CODE
c2.5'';?1
SECTION I: That Section 8.23.230, Subsection 0,
subparagraph 2 of the Chula vista Municipal Code is hereby amended
to read as follows:
Sec. 8.23.230 Residential Yard Waste Recvclina Services
D. Fundina and Rates for Collection.
2. Rates for Collection - It is the City's intent to
ensure that the rates charged to the citizens for the
Yard Waste Recycling Program are appropriate and
equitable. The City hereby establishes the following
fees and charges for Residential Yard waste services,
based on using the service, using the service with a
resident's own container, or using the service with a
Laidlaw-provided container, either rented or purchased.
These fees and charges are subject to change by the
council by resolution from time to time as the Council
determines necessary, includina the option to change such
fees to a universal mandatory rate structure such that
all residential units usina the waste collection system
would pay the same fee reaardless of whether or not they
are usina the yard waste recYcling services. The council
directs that the below listed fees and charges shall be
placed in the City's Master Fee Schedule, and any
amendments hereto shall be by resolution amending said
Master Fee Schedule:
optional Service ~evels.
alternative:
Each Item below is in the
1. Charge if Resident is Not Using System* $0.00
2. Subscription Services, Monthly Fee with Rental
A.
B.
For Laidlaw container Rental
For Weekly Collection services***
$1.00
. . . . . .
$2.00**
$3.00
Total Monthly Fee for Services with Rental
1
'/-/
3.
Subscription Services, Monthly Fee with Purchas of
contain r.
. . . . . . . . .
A. For Weekly Collection Services...
B. One- ime Laidlaw Container Purchase
Price . . . . . . . . . .. $50.
4.
$1.00
Services, sticker
ans or bundles per
Notes to
· Requires composting of ya awaste (consistent
with rule and regulatio for composting in
Sections 8 25.040 and 8. 5.090) or self-haul.
Yardwaste ay no lon r be put in regular
trash.
..
Purchase
Resident
Container.
Container Required If
Rent Laidlaw
...
ti tIes Resident to put out
ontainer (65 gal) and up to
di tion to the Laidlaw
Specific rate revie procedures will be used by the City
which are consiste t with the pr cedures used for normal
Refuse Collectio. Council int ds to provide annual
reviews of the aforementioned f s and charges, and
currently inten s that same shall 0 cur on or about May
31st of each y r. Rate review will c nsider adjustments
for actual sa e of Recyclables and ndfill Diversion
Credi ts in pr vious period compared to 0 iginal estimated
amounts. hortfalls or overages wi 1 be used in
determining rates for upcoming periods. R te review will
be condu..ct d as referenced in Section 9 of he Franchise
as amende , including the amendment created Ordinance
No. 2104, Rates for Collection. An increase i rates for
Yard Was e Recycling services will be subject t the same
limitat' ns and conditions for Refuse Collecti rates
listed n Section 9.
2
7-1
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SECTION II: This ordinance shall take effect and be in
full force and effect on the thirtieth day from and after its
adoption.
ed an:4~APp
Bruce M. Boogaard,
f:\bome\auomey\Cbap823D
3
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COUNCIL AGENDA STATEMENT
I tern 8'
Meeting Date 10/12/93
ITEM TITLE Resolution \;~"7D - Accepting Donation of Travel Expenses
to Attend Southwest Regional Environmental Dialogue Project
October 21 and 22, 1993
SUBMITTED BY Assistant City Manager~
./Z
REVIEWED BY City Manager fJ/ (4/5ths Vote: Yes No-L)
The City Council, on May 18, 1993, adopted Resolution No. 17118, which accepted
the donation of travel expense from SDG&E for a designee to attend the Southwest
Regional Environmental Dialogue Project in Sedona, Arizona on June 14 and 15,
1993. We have now been requested to appoint a designee to attend the Southwest
Regional Environmental Dialogue II, scheduled for October 21 and 22, 1993, also
in Arizona.
RECOMMENDATION:
That Council adopt resolution accepting the donation of travel
expenses and authorize the City Manager to appoint a designee
to attend the Southwest Regional Environmental Dialogue
Project.
BOARDS/COMMISSIONS
RECOMMENDATION: N.A.
DISCUSSION:
The City's Environmental Resource Manager attended the June Dialogue meeting, and
has been invited by SDG&E to be a participant at the Dialogue II meeting as well.
The first Dialogue aimed to develop ongoing mechanisms for participants (which
included utility, government, and environmental representatives) in an attempt
to address future environmental issues of critical concern to the participating
stakeholders. The October Southwest Regional Dialogue will work toward
developing joint issue-specific responses to local initiatives on energy-related
matters. Dialogue II is proposed to address issues related to visibility and air
quality, energy and water conservation, alternative energy sources and pollution
prevention. It is the goal of these meetings to develop local coalitions between
the utility, environmental and governmental entities.
FISCAL IMPACT: None to the City.
<t'- \
RESOLUTION NO. ), ~(O
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DONATION OF TRAVEL
EXPENSES TO ATTEND SOUTHWEST REGIONAL
ENVIRONMENTAL DIALOGUE lION OCTOBER 21 AND
22, 1993
WHEREAS, the City Council, on May 18, 1993, adopted
Resolution No. 17118, which accepted the donation of travel expense
from SDG&E for a designee to attend the Southwest Regional
Environmental Dialogue Project in Sedona, Arizona on June 14 and
15, 1993; and
WHEREAS, the City has now been requested to appoint a
designee to attend the Southwest Regional Environmental Dialogue
II, scheduled for October 21 and 22, 1993; and
WHEREAS, Dialogue II will take the results of the first
meeting and begin the processing of developing a new paradigm for
environmental management based upon the principles established at
the first Dialog; and
WHEREAS, Dialogue II is proposed to address issues
related to visibility and air quality, energy and water
conservation, alternative energy sources and pollution prevention;
and
WHEREAS, it is the goal of these meetings to develop
local coalitions between the utility, environmental and
governmental entities.
WHEREAS, it would be appropriate for the
Environmental Resource Manager to represent Chula vista at this
meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept the donation of travel
expenses to attend Southwest Regional Environmental Dialogue lIon
October 21 and 22, 1993.
John Goss, City Manager
AP.Z p.ed a...s t~ form by
/ \ ~\
( ~ V\ i-J-ttrr, !Jlvel' .
Bruce M. Boogaard, City Attorney
Presented by
F: \home \attomey\sedooa
~-~
Memorandum
~g)
r
To:
John Goss, City Manager
cc:
George Krempl, DCM
Sid Morris, ACM
From:
Barbara Bamberger, City of Chula Vista
Date:
September 30, 1993
Subject:
Report on Southwest Utilities Environmental Dialogue - and notice of
October Environmental Dialogue II Meeting
In June of 1993, the City of Chula Vista was invited by the Edison Electric Institute (EEl) and
SDG&E to participate in an ongoing Southwest Environmental Dialogue. The primary purpose of
this project was to bring together environmental groups, member utilities, and government regulatory
agencies, as appropriate, to engage in constructive discussions regarding environmental issues. An
important aspect of this project is its regional emphasis; therefore, each meeting is focused primarily
on environmental issues of mutual interest or concern to participants representing their region of the
country .
Background
The Southwestern Regional Environmental Dialogue Project is an outgrowth of recommendations
based upon EEl's National Dialogue. Participants at the national dialogue identified a number of
ways in which EEl might use its regional offices to foster communication and cooperation between
the utility community, government and the environmental community on a regional level. The
recommendation at that time was to "encourage the convening of regional Dialogues to discuss
environmental and energy issues from a regional point of view". The objectives of the dialogue
included developing an improved understanding among the parties regarding each other's goals and
objectives on specific environmental issues, defining specific ways to work on environmental issues
in a "team" approach" based on shared concerns rather than confrontation, and establishing specific
information mechanisms among participants on key environmental issues that have interstate
implications.
Southwestern Regional Dialogue
The first of a series of meetings was held in Sedona, Arizona. Participants from the San Diego region
included Ron Fuller, Vice President of SDG&E, Supervisor Brian Bilbray, member of the Air
Resources Board, and Barbara Bamberger, the City's Environmental Resource Manager. Each utility
selected specific participants from their region, and all costs were covered by EEl and SDGE. Other
)5'-3
utility representatives included individuals from Pacific Gas and Electric, Southern California Edison,
PacificCorp, Arizona Public Services Company and Tucson Electric Power. Government and
regulatory representatives included staff from Region IX (California) of the EPA, Arizona
Department of Environmental Quality, CalEP A, the Pima County Department of Environmental
Quality, and the City of Chula Vista. Environmental representation included individuals from Grand
Canyon Trust, Environmental Defense Fund, American Rivers, Land and Water Fund of the Rockies
and The Sierra Club. Participation was strictly limited to 15 people to ensure effective and direct
communication among all participants.
The following issues were identified as major regional environmental issues of interest and
subsequently integrated into the sessions throughout the Dialogue meeting:
1. Future energy supply - the role conservation and energy efficiency will play throughout
the western region of the Country
2. Alternative energy development - The role of alternate energy sources in delivery of
energy throughout the Southwest in the coming decades
3. Air quality and visibility - regional approaches to reducing carbon dioxide emissions
throughout the Southwest region
4. Government "n~gulations" - integration of environmental goals with newer approaches to
regulation that move away from command and control models.
5. Resource depletion - the role of utilities in resource management
The conference was broken into three (3) overall topics. These included:
1. Environmental Leadership and Quality Management
2. Habitat Protection and Resource Depletion
3. Energy Conservation and Efficiency and Alternate Energy Sources.
L EnvinmmentaI Leadership and Management
A. Identifying barriers to effective communication between regulators, environmentalists and the
utility:
1. Perceptions/stereotyping
2. Lack of regular ongoing processes of communication among the parties
3. Lack of experience in working together leading to a lack of trust and credibility among
participants
4. Differing goals and agendas
5. Differing interpretations of facts.
B. How to create cooperative ventures.
1. Need for public participation early in the planning process.
2. Development of common approaches and strategies for lobbying on issues of mutual
interest
3. Development of definition for environmental leadership.
2
Y-J-/
ll. Habitat Protection and Resource Depletion (relating to energy production)
A. Identifying issues of concern:
1. Constraints impacting the effective implementation of habitat protection
2. Ecosystem approach vs. single species protection
3. Recognition of multi-agency approach to planning for resource conservation strategies
4. Discussion on how to ensure the afore-mentioned principles are implemented or factored
into utility company decisions as well as government approaches to environmental
management and regulations
5. Discussion on constraints impacting the effective application of the above principles
6. Development of action items that may be taken to address the constraints identified in
this session.
B. Regulatory statutes, strategies and authorities that effect the application of sound environmental
management - approaching ways to ease this problem.
Ill. Energy ConselVation and Efficiency/Altemative Fuels
A. Energy future of the West
1. Conservation and efficiency
2. The potential role of alternate energy sources in delivery of energy throughout the
Southwest in the coming decades
3. Developing a vision for energy in the year 2010
B. Air quality and visibility
1. Regional approaches to reducing carbon dioxide emissions throughout the Southwest
region
2. Land use and facility citing decisions - will they become increasingly based upon human
heath and protection concerns
C. Method of transfer of energy
D. The effect of PUC decisions on energy conservation projects - Utility perspective
CONCLUSION
There was clearly a need to establish environmental leadership on the issues discussed at the
Dialogue. These issues are reiterated below. Because the Environmental Dialogue lasted two days,
time-constraints determined the focus of the meeting. That focus was to identify issues and problems
between the stakeholders. A consensus developed at the Dialogue: in order to develop an
implementation process for cooperate ventures on key issues, a follow-up Dialogue was needed. This
3
9" ---5-
follow-up, in the form of a second Environmental Dialogue, proposes to center on the "how to" of
establishing leadership on the following issues:
Visibility and air quality
Energy Conservation, Efficiency and Alternate Sources
Water conservation (relating to hydroelectric power production)
Alternative energy sources
Pollution prevention
The ongoing dialogues are anticipated to result in:
1) Future meetings localized by region to further explore issues identified at the
Environmental Dialogue.
2) Development of local coalitions between the utility, environmental and governmental
entities.
Southwest Regional Environmental Dialgoue II - October 1993
EEl agreed to sponsor a second dialogue and possibly a third, if necessary. The second
Environmental Dialogue has been scheduled for October 21 st and 22nd, 1993 and will be held in
Arizona. All expenses will be paid by EEl, Arizona Public Services and SDGE. Kearns and West
will facilitate the meetings and develop a report, which will be distributed to all the stakeholders.
Discussions will continue on establishing ongoing mechanisms for communication among
participants, including the initiation of a "network" for cooperation to address future problems of
critical issues as they arise and developing joint issue-specific responses to local initiatives. The
October Environmental Dialogue will be the second in a series. The group will take the results of
the first Dialogue and begin the process of developing a new paradigm for environmental
management based upon the principles established at the first Dialogue. Specific goals and
objectives will be identified prior to Dialogue II to ensure any follow-up activities are truly effective
and action oriented and not just "more talk".
Continuation of the discussions will occur at the October Dialogue meeting. All parties recognize that
the first dialogue was only the first step. The purpose was primarily to define the issues, problems,
and obstacles in management planning and the need to develop an issue-specific action plan. The
October Regional Environmental Dialogue activity include developing:
a. A greater focus on presenting and discussing participants' "positions"
b. A common ground on specific issues, mutual interests or concerns
c. Plans of action on specific issues discussed
d. Project specific discussions
Representation will be increased to include:
a. PUC representatives
b. Ratepayer representatives
4
~:'-&7
The following is a list of anticipated outcomes from the upcoming Regional Dialogue Conference:
A. Establishment of on-going mechanisms for communication among participants
including initiation of a network for cooperation to address future problems or critical
issues as they arise
B. Initiation of planning for future meetings localized by state or regions to further
explore the issues identified at the Dialogue meetings.
C. Develop action items related to the issues discussed at the meeting to be undertaken
by a participants in each of the regions.
D. Publish a report outlining the discussions and suggested action plan developed at
dialogue meeting.
RECOMMENDA TION:
The City continue its participation to ensure its role in the Southwest Regional Environmental
Dialogue and planning process and work toward the development of local cooperative ventures with
SDG&E. A staff report, summarizing the key points of the conference will be delivered to the City
Manager upon receipt of the report from Kearns and West.
Attached: List of participants
Invitation
5
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};~ -~' r
Final Report
O. Mark DeMichele
President and Chief Executive Officer
ARIZONA PuBLIC SERVICE COMPANY
P.O. Box 53999
Phoenix,~ 85072-3999
(602) 250-3200
John Wise
Acting Regional Administrator
U. S. ENVIRONMENTAL PROTECTION
AGENCY
Region 9
75 Hawthorne Street
San Francisco, CA 94105-3901
(415) 744-1001
Rob Smith
Southwest Staff Director
SIERRA CLUB
516 E. Portland
Phoenix, ~ 85004
(602) 254-9330
Ed Fox
Director
ARIZONA DEPARTMENT OF
ENVIRONMENTAL QUALITY
3033 N. Central
Phoenix, ~ 85012
(602) 207-2203
Gail Peters
Director
Southwest Office
AMERICAN RIVERS
3601 N. 7th Avenue. Suite D
Phoenix,~ 85013
(602) 264-1823
Dr. Michael N. Hertel
Manager of Environmental Affairs
SOUTHERN CALIFORNIA EDISON COMPANY
P.O. Box 800
2244 Walnut Grove Avenue
Rosemead, CA 91770
(818) 302-9456
Chris Shaver
Senior Attorney
ENVIRONMENTAL DEFENSE FUND
Rocky Mountain Region
1405 Arapahoe Avenue
Boulder, CO 80302
(303) 440-4901
SOOTHWEST MEETING
Daniel Haley
Under Secretary
CALIFORNIA ENVIRONMENTAL PROTECI10N
AGENCY
555 Capitol Mall, Suite 235
Sacramento, CA 95814
(916) 323-2514
Dennis Nelson
Vice President and General Counsel and
Corporate Secretary
TUCSON ELECTRIC POWER COMPANY
P.O. Box 711
Tucson,~ 85702
(602) 884-3651
Dave Esposito
Director
PIMA COUNTY DEPARTMENT OF
ENVIRONMENTAL QUALITY
130 W. Congress
Tucson,~ 85701
(602) 740-3340
Joan Lionetti
Executive Director
TUCSON CLEAN AND BEAUTIFUL
TREES FOR TUCSON
NATIONAL ALLIANCE FOR COMMUNITY
TREES
P.O. Box 27210
Tucson,~ 85726
(602) 791-3109
Dave Mead
Public Communications Manager
P ACIFICORP.
700 N. E. Multnomah Suite 1600
Portland, OR 97232-4116
(503) 731-2159
Bob Chandler
Superintendent
GRAND CANYON
P.O. Box 129
Grand Canyon, AZ 86023
(602) 638-7701
Roger Clark
Vice President for Conservation
GRAND CANYON TRUST
Route 4, Box 718
Flagstaff, ~ 86001
(602) 774-7488
RE-SOORCE ASSOCIATES
page 3 -36
..
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Pinal Report
Ron Fuller
Vice President
Governmental and Regulatory Services
SAN DIEGO GAS AND ELECTRIC
P.O. Box 1831
San Diego, CA 92112
(619) 696-4596
Brian Bilbray
Chairman
Supervisor, First District
SAN DIEGO COUNTY BOARD OF
SUPERVISORS
1500 Pacific Highway
San Diego, CA 92101
(619) 531-5511
Barbara Bamberger
Environmental Resource Manager
CITY OF CHULA VISTA
276 4th Avenue
Chula Vista, CA 91910
(619) 691-5296
Peter Melhus
Director
Corporate Environmental Quality
PACIFIC GAS AND ELECTRIC
P.O. Box 77??oo
Mail Code B24 F
San Francisco, CA 94177
(415) 973-1466
Bruce Driver
Senior Attorney
Head For the Energy Project of the
LAND AND WATER FUND OF THE ROCKIES
2260 Baseline Road
Boulder, CO 80302
(303 )-444-1188
IllALOGUE OBSERVERS
Bob Beck
Vice President
EDISON ELECTRIC INSTITUTE
701 Pennsylvania Avenue N.W.
Washington, DC 20004
Mary Ann Bernald
Manager, Consumer Affairs
EDISON ELECTRIC INSTITUTE
701 Pennsylvania Avenue N.W.
Washington, DC 20004
(202) 508-5559
RE-SOORCB ASSOCIATBS
~~__ -:r _ ~
-
=:
SOOTHWEST MEBTING
Joel Mazelis
Manager, Environmental Programs
EDISON ELECTRIC INSTITUTE
701 Pennsylvania Avenue N.W.
Washington, DC 20004
(202) 508-5461
Richard MacLean
VP Environment, Health and Safety
ARIZONA PuBLIC SERVICE COMPANY
P.O. Box 53999
Phoenix, AZ 85072-3999
(602) 250-3200
Maria Arellano
Environmental Communications Consultant
ARIZONA PUBLIC SERVICE COMPANY
P.O. Box 53999
Phoenix, AZ 85072-3999
(602) 250-3200
Terry Ricketts
Environmental Outreach Coordinator
ARIZONA PuBLIC SERVICE COMPANY
P.O. Box 53999
Phoenix, AZ 85072-3999
(602) 250-3200
Dana Barkley
Environmental Health Programs
ARIZONA PuBLIC SERVICE COMPANY
P.O. Box 53999
Phoenix, AZ 85072-3999
(602) 250-3200
Paul Barber
Manager .
State Government Affairs
. PACIFICORP
700 N. E. Multnomah Suite 1600
Portland, OR 97232-4116
((801) 220-2518
FACILITATORS
Marion Cox
RESOURCE AsSOCIATES
4708 Drummond A venue
Bethesda, MD 20815
(301) 951-3586
Susan Shearouse
4708 Drummond Avenue
Bethesda, MD 20815
page 3 -37 "
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COUNCIL AGENDA STATEMENT
Item ~
SUBMITTED BY:
Meeting Date 10/12/93
Resolution ''1~') amending Resolution No. 17245
authorizing submission of a certification
application to the Federal Communications commission
Deputy City Manager Thomson ~
Director of Finance~.
city ManagerJ~ ~~l (4/5THS Vote: Yes_No K-)
ITEM TITLE:
REVIEWED BY:
At its meeting of September 7, 1993, Council adopted Resolution
No. 17245 authorizing submission of a certification application to
the Federal Communications commission (FCC) for regulation of cable
television basic service rates. section 3 of Resolution No. 17245
stated that the City had no knowledge of any cable system in the
City that was subject to effective competition. Since that time
staff has determined that Chula vista Cable is subject to effective
competition and, therefore, not subject to rate regulation.
RECOMMENDATION: That Council adopt the Resolution amending
Resolution No. 17245.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution No. 17245 authorized the city to submit an application
to the FCC for regulation of cable television basic service rates.
At the time, staff was of the opinion that both Cox Cable and Chula
vista Cable would be subject to the city's regulatory authority.
However, in subsequent conversations with FCC staff and other
experts in the cable television field, it has been determined that
Chula vista Cable is not subject to regulation.
In May of 1993 the FCC issued a Report and Order establishing rules
for the implementation of rate regulation of cable television
services. The Report and Order indicated that, for purposes of
implementing rate regulation by local franchising authorities,
cable operators will be presumed not to be subject to effective
competition unless the franchising authority has knowledge to the
contrary.
Cable service and equipment rates may only be regulated under the
1992 Cable Act if the cable system is not subject to effective
competition. The Report and Order establishes criteria for
determining whether or not a cable operator is subject to
"effective competition." Under the statute, "effective
competition" exists if "fewer than 30 percent of the households in
q.. I
.. ..,_..~"_...........-----------.~,.^-~-~-~,_..-...._._,,".-~~~--~-'-
Page 2, Item ~
Meeting Date 10/12/93
the franchise area subscribe to the cable service of a cable
system." City staff had originally understood this percentage to
apply to all cable companies in the aggregate, but staff has
subsequently found out that the FCC's detailed regulations for this
criteria clarify that the percentage should be applied to each
cable company separately. In the case of Chula Vista Cable, it
has 3,700 subscribers out of a total of 52,304 housing units in the
City of Chula vista (the franchise area). Thus only about
7 percent of the households subscribe to Chula Vista Cable. This
is far less than the 30 percent criteria established by the FCC and
means that Chula Vista Cable does have "effective competition" and
therefore is not subject to regulation.
Cox Cable, on the other hand, serves more than 64 percent of Chula
vista's housing units, is not subject to "effective competition"
(as defined by the FCC) and therefore is subject to regulation.
It is therefore staff's recommendation that Resolution No. 17245 be
amended to indicate that Chula vista Cable is not subject to rate
regulation under the FCC guidelines but that Cox Cable is subject
to rate regulation.
FISCAL IMPACT: None
Attachment:
Resolution No. 17245 adopted by Council on
September 7, 1993 J{at~
q'L
RESOLUTION NO. 17245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE SUBMISSION OF A CERTIFICATION
APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION.
ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE
FEDERAL COMMUNICATIONS COMMISSION I S CABLE TELEVISION
BASIC SERVICE RATE RULES AND REGULATIONSj AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS
WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION
OF THE VIEW OF INTERESTED PARTIES IN CABLE TELEVISION
RATE REGULATION PROCEEDINGS TAKEN HEREUNDER
WHEREAS. the Cable Television Consumer Protection and Competition Act of
1992 (the "1992 Cable Act") provides. in relevant part. that franchising
authorities can regulate the rates for Basic Cable Service. as defined in the
1992 Cable Act. in accordance with Basic Service Rate regulations prescribed by
the Federal Communications Commission (the "Commissionl') upon certification by
the Commissionj and.
WHEREAS. the Commission has adopted final rules and regulations
imp 1 ement i ng Section 623 of the 1992 Cable Act in the Report and Order and
Further Notice of Proposed Rulemaking. MM Docket 92-2266. Released May 3. 1993.
effective June 21 and September 1. 1993; and.
WHEREAS. a franchising authority seeking jurisdiction to regulate Basic
Service Rates. as defined in the 1992 Cable Act. must obtain authorization from
the Commission to so regulate; and.
WHEREAS. to receive such approval. the franchising authority must file a
written certification with the Commission certifying that:
1. The franchising authority will adopt and administer regulations with
respect to the rates subject to regulation under Section 623 of the 1992
Cable Act that are consistent with the regulations prescribed by the
Commission thereunder; and.
2. The franchising authority has the legal authority to adopt. and the
personnel to administer. such regulations; and.
3. Procedural laws and regulations applicable to rate regulation proceedings
have been adopted. or will be adopted. by such franchising authorities
which provide a reasonable opportunity for consideration of the views of
interested parties; and.
WHEREAS. the City of Chu1a Vista. as the governing body. hereby desires
to authori ze the Ci ty Manager. or hi s des i gnee. to fi 1 e on its behalf all
necessary forms. documents. and otherwise with the Commission which are necessary
and proper to allow it to regulate Basic Service Rates. as defined in the 1992
Cable Act; and.
fl-1fXc H/?1 c/v-r
9~3
RESOLUTION NO. \, all
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION NO. 17245
AUTHORIZING SUBMISSION OF A CERTIFICATION
APPLICATION TO THE FEDERAL COMMUNICATIONS
COMMISSION
WHEREAS, at its meeting of September 7, 1993, the city
Council adopted Resolution No. 17245 authorizing submission of a
certification application to the Federal Communications commission
(FCC) for regulation of cable television basic service rates; and
WHEREAS, Section 3 of Resolution No. 17245 stated that
the City had no knowledge of any cable system in the city that was
subject to effective competition; and
WHEREAS, since that time, staff has determined that Chula
vista Cable is subject to effective competition and, therefore, not
subject to rate regulation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend Section 3 of Resolution
No. 17245 authorizing submission of a Certification Application to
the Federal Communications commission to read as follows:
Section 3. The City of Chula vista has actual knowledge
that Chula vista Cable, operating in its jurisdiction is subject to
Effective Competition and thus, based upon the presumption
established in Section 76.609 of the Code of Federal Regulations,
("CFR"), the cable operator, operating within its jurisdiction is
subject to Effective Competition.
James A. Thomson, Deputy City
Manager
f Bruce M.
Attorney
il (.0 f r~n
City
Presented by
F:\home\attomey\cablel.fee
q-3
Resolution No. 17245
Page 2
WHEREAS, the City of Chula Vista now desires to adopt regulations with
respect to the regulation of Basic Service Rates which are consistent with the
regulations prescribed by the Commission and to adopt procedural laws and
regulations applicable to rate regulation proceedings which provide a reasonable
opportunity for consideration of the views of interested parties; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby resolve as follows:
SECTION 1.
Under the laws of the United States, the Constitution and
Statutes of the State of Cali forni a, and the ordi nances,
agreements, and procedures of the City of Chula Vista, the
City of Chula Vista possesses the l~gal authority to adopt the
regulations contained herein.
SECTION 4.
The City of Chula Vista possesses sufficient personnel to
administer the regulations adopted herein.
The City of Chula Vista has no actual knowledge that the cable
system, or cable systems, operating in its jurisdiction are
subj ect to Effect i ve Compet it i on and thus, based upon the
presumption of established in Section 76.609 of the Code of
Federal Regulations, ("CFR"), the cable operator, or cable
operators, operating within its jurisdiction are not subject
to Effective Competition.
The City Manager, or hi s designee, is hereby authori zed,
empowered, and instructed to file necessary and proper forms,
certifications, documents, and otherwise as prescribed in CFR
~76.610 Commission by (1) registered mail, return receipt
requested; or (2) hand delivery to the Commission and a date
stamp copy obtained. A copy of the certification form
described herein shall be served on the cable operator, or
cable operators, on or before the date said certification form
is filed with the Commission.
SECTION 2.
SECTION 3.
SECTION 6.
Upon certification by the Commission, the City Manager shall
give, by registered mail, return receipt requested or hand
de 1 i very, wri tten notifi cati on to the cable operator, or cable
operators, that the City of Chula Vista has been so certified
to so regulate Basic Service Rates and the cable operator, or
cable operators, shall thereby be directed pursuant to CFR
~76.930 to file a schedule of rates for the Basic Service Tier
and associated equipment with the City of Chula Vista within
thirty (30) days as provided in CFR ~76.930.
Upon receipt of the schedule or rates for the Basic Service
Tier and associated equipment as provided in Section 5 above
from the cable operator, or cable operators, such schedule of
rates and charges shall be referred to staff for review and
evaluation pursuant to the substantive and procedural
standards set forth in CFR ~~76-900-76.985 and the Report and
SECTION 5.
&j;l/
Resolution No. 17245
Page 3
Order and Further Notice of Proposed Rulemaking in MM Docket
92-266.
SECTION 7.
After a cable operator. or cable operators. have submitted for
review its existing rates for the Basic Service Tier and
associated equipment costs. or proposed changes in these rates
(including increases in the base line channel charge that
results from reductions in the number of channels in a tier).
the existing rates will remain in effect or the proposed rates
will become effective after thirty (30) days from the date of
submission; provided. however. that the City may hold this
thirty (30) day deadline for an additional time by issuing a
brief written order as provided in CFR ~76.933(b) within
thirty (30) days of the date of submission explaining that it
needs additional time to review the rates.
SECTION 8.
If the City of.Chula Vista is unable to determine. based upon
the material submitted by the cable operator. that the
existing or proposed rate are within the Commission's
permitted basic service tier charge or actual cost-of-
equipment as defined in CFR ~~76.922 and 76.923. or if a cable
operator has submitted a cost of service showing pursuant to
~~76.937(c) and 76.924. seeking to justify a rate above the
Commi ssi on I s Basi c Servi ce Ti er charge as defi ned in CFR
~~76.922 and 76.923. the City of Chula Vista may toll the
thirty (30) day deadline in Section 7 above to request and/or
consider additional information or consider the comments from
interested parties as follows:
(a) For an additional ninety (90) days in cases not
involving cost-of-service showings; or
(b) For an additional one hundred fifty (150) days in cases
involving cost-of-service showings.
SECTION 9.
If the City of Chula Vista has availed itself of the
additional ninety (90) or one hundred fifty (150) days
permitted above. and has taken no action within these
additional time periods. then the proposed rates will go into
effect at the end of the ninety (90) or one hundred fifty
(150) day periods. or existing rates will remain in effect at
such times. subject to refunds if the City of Chula Vista
subsequently issues a written decision disapproving any
portion of such rates. provided. however. that in order to
order refunds. the City of Chula Vista shall issue a brief
written order to the cable operator. or cable operators. by
the end of the ni nety (90) or one hundred fi fty (150) day
period permitted above directing the cable operator. or cable
operators. to keep an accurate account of all amounts received
by reason of the rate in issue and on whose behalf such
amounts were paid.
9,$;
Resolution No. 17245
Page 4
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
Upon receipt of a submission by a cable operator, or cable
operators pursuant to Section 5 above, the City of Chula Vista
shall give public notice by way of publication of said
submi ss ion in a newspaper of general ci rcu 1 at ion in the
jurisdiction within fourteen (14) days of receipt by the City
of Chula Vista thereof. Said publication notice shall state,
in substance, that the City of Chula Vista is considering the
submission of the cable operator reproduced therein, the date
of submission by the cable operator, that said rates will
become effective within thirty (30) days from the date of
submission unless the City of Chula Vista extends the review
time pursuant to Section 8 above, and that interested parties
may file written comments with the 'City Clerk within seven (7)
days of publication.
If, and to the extent, that the City of Chula Vista extends
the review period pursuant to Section 8 above, it shall then
act upon the rate submission only at a public hearing which
has been duly advertised and noticed pursuant to the
requirements of Government Code Section 6066. At said noticed
public hearing, which may be continued from time to time, all
interested parties including, but not limited to, subscribers,
shall possess a reasonable opportunity to express their views
regarding the matters before the City Council.
The City of Chula Vista shall issue a written decision in a
rate-making proceeding whenever it disapproves an initial rate
for the Basic Service Tier or associated equipment, in whole
or in part, disapproves a request for a rate increase in whole
or in part, or approves a request for an increase in whole or
in part over the objections of interested parties. The City
of Chula Vista is not required to issue a written decision
that approves -an unopposed existing or proposed rate for the
basic service tier or associated equipment. Any written
decision required herein shall only be issued and released at
an open and public meeting of the City Council and the text
shall be made available for public distribution at the offices
of the City Clerk during normal business hours commencing the
next business day after adoption by the City Council.
These regulations may be amended, from time to time, by the
City Council with or without concurrence or consent of the
cable operator, or cable operators, affected thereby.
If, and to the extent, a cable operator, or cable operators,
submits a cost-of-service showing pursuant to CFR ~~76.937(c}
and 76.924 seeking to justify a rate above the Commission's
Bas i c Servi ce Ti er charge as defi ned in CFR H76. 922 and
76.923, the City of Chula Vista shall, within ninety (90) days
of the date of submission, adopt rules, regulations, and
procedures consistent with the rules and regulations of the
Commission relating to the procedural and substantive criteria
C:;,(p
Resolution No. 17245
Page 5
to be applied by the City of Chula Vista to said cost-of-
service submission.
SECTION 15.
The City shall possess all remedies available to it under
federal, state and local law including, but not limited to,
those remedies provided in CFR ~~76.940-76.943.
Presented by
()
~
v ~h'~
,;u..//'7"i...('(/-r'! ~?, '?/!.~ /J .S:?/(.
Lyman Christopher
Director of Finance
q.7
Resolution No. 17245
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 7th day of September, 1993, by the following vote:
YES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Fox, Horton, Moore, Rindone, Nader
Council members: None
Council members : None
Counc i 1 members: None
c-C:1~4~
Tim Nader, Mayor
A TT ES T :
'\
"
".
~\. \\
~.. ~ \
\
Vicki C. Soderquist, Deputy 'City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Resolution No. 17245 was duly passed,
approved, and adopted by the City Council held on the 7th day of September, 1993.
Executed this 7th day of September, 1993.
.~ ,,\, \: ~ ,;~ " . ,,:\
Vicki C. Soderquist, ~ep~ty City Clerk
'1-e
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 10/12/93
ITEM TITLE:
Report regarding choice of alternative method of
distribution of property tax levies (known as the
"Teeter" plan) by the County of San Diego
Resolution " '2.' '1. agreeing to al ternati ve method
of distribution of property tax levies and
assessments to Chula vista by the County of San
Diego
SUBMITTED BY: Director of Finance;Lj:
REVIEWED BY: City Manager fl (4/5THS Vote: Yes_No-L)
For FY 1993-94, the County of San Diego is offering to each city in
the County an option to join the "Teeter" plan which is an
alternative method of distribution of property taxes and
assessments whereby a city will be guaranteed to receive 100
percent of its share of the secured property tax levy. In exchange
for this guarantee, all the penalty and interest revenue (which
normally is allocated to the city) received from the payment of
delinquent taxes will be retained by the County.
OPTION:
RECOMMENDATION:
That Council accept the report and not approve
the resolution.
OPTION:
That Council approve the resolution agreeing to the
alternative method of distribution of property taxes
(join the "Teeter" plan).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1949, the State Legislature adopted Revenue and Taxation Code
section 4701 which authorized the "Alternative Method of Property
Tax Distribution." This alternative method was proposed by the
Contra Costa County Auditor-controller whose last name was Teeter
and, therefore, the method is referred to as the "Teeter" plan. As
stated in Section 4701, "It is.. .the object of this alternative
procedure to accomplish a simplification of the tax~levying and
tax-apportioning process and an increased flexibility in the use of
available cash resources." This method has been used by Contra
Costa County for over 40 years and is used in four other counties
also. Many other counties are considering it for fiscal year 1993-
94.
In July, 1993, the San Diego County Board of Supervisors adopted a
resolution electing to implement the alternative procedure of
\ C\t- \
Page 2, Item~
Meeting Date 10/12/93
property tax distribution and offer it as an option to local
agencies. Under this procedure, participating entities will
receive a one-time payment equal to ninety-five percent (95%) of
their share of unpaid secured property taxes as of June 30, 1993.
The remaining five percent (5%) is placed in a Tax Loss Reserve
Fund by the County to be used for any future tax sale losses. In
addition, participating agencies receive assurances that they will
receive one hundred percent (100%) of their share of each year's
secured property tax levy within sixty days of the close of each
fiscal year.
Benefit to the County
Senate Bill 742, signed into law in July 1993, allows counties that
change to the alternative method during FY 1993-94 to take a one-
time credit against the property tax shift to schools based on the
amount of the increased revenue to schools from the alternative
plan. The County of San Diego will benefit from a one-time credit
in the amount of several million dollars. In addition, the County
will realize a one-time increase in property tax revenue from the
initial buyout of delinquent taxes, similar to all other
participating agencies.
Current Property Tax Allocation Method
In San Diego County, and in most other counties, the property tax
allocation method has long been that the cities receive only that
portion of the tax levy that is actually collected. Because of
unpaid and delinquent taxes, the City always receives something
less than 100 percent of its property tax levy each year. However,
this is usually more than offset by the receipt of delinquent tax
revenue plus penalties and interest.
A 10% penalty is added to the secured property tax roll when it
becomes delinquent. If the delinquent tax bill is paid during the
current fiscal year that it becomes delinquent, the entire 10%
penalty is retained by the County.
If taxes remain delinquent as of June 30, then they are transferred
to the delinquent (redemption) roll. The delinquent amount accrues
simple interest at 1.5% per month (18% per year) with the first
month of interest being July.
If the delinquent taxes are paid at any time after June 30, then
both the penalty and interest amount follow the tax, i.e. they are
allocated to the City.
\O~2.
Page 3, Item ~
Meeting Date 10/12/93
In FY 1990-91, Chula vista received $271,000 in delinquent tax
revenue (including penalties and interest), in FY 1991-92 we
received $304,000 and in FY 1992-93 we received $407,000.
Teeter Plan
The County is offering each city the option of joining the Teeter
plan in FY 1993-94. Under state law, participating entities will
receive a one-time buyout payment equivalent to 95% of their share
of unpaid secured property taxes as of June 30, 1993. This amounts
to $996,819 for the City of Chula vista. The remaining 5% is
placed by the County in a Tax Loss Reserve Fund (TLRF) which
insures that taxes advanced from the County Treasury to all
jurisdictions will be recovered (either by collecting the taxes due
from taxpayers or making up any shortfall/delinquencies from the
TLRF.
Of the $996,819 that would be paid to the City (representing 95% of
the delinquent secured property taxes as of June 30, 1993),
$661,400 would be revenue to the General Fund and the balance
represents delinquencies in various open space districts. However,
in exchange for the City receiving the one-time buyout amount, all
of the penalties and interest that have accrued on the delinquent
taxes as of June 30, 1993, will be retained by the County. This
amount is $362,706.
If the City chooses not to ]01n the Teeter plan (staff
recommendation is not to join), then 100% (instead of 95%) of the
delinquent taxes as of June 30, 1993, plus penalties and interest
(at 18% per year), will be collected and remitted to the city over
the next five years. staff has calculated this to have a present
value of $853,850 or $192,450 more than would be credited to the
General Fund by the County's one-time payment.
Adding together the $192,450 plus the $362,706 (accrued interest
and penalties as of June 30, 1993) equals $555,156 more revenue
that will be received by the City by not joining the Teeter plan.
Payment By County
For those agencies that elect to participate in the Teeter Plan,
state law requires that a resolution of agreement be adopted on or
before October 15, 1993. The County will make the initial payment
for delinquent taxes to the participating agencies in November
1993.
l O~-~
Page 4, Item 0
Meeting Date 10/12/93
Annual option
Assuming the County continues to offer the Teeter plan in future
years, then Chula Vista, or any other city in the County, may opt
to join the Teeter plan in any subsequent year if it is determined
to be beneficial.
Most of the cities in the County are choosing not to join the
Teeter plan this year.
FISCAL IMPACT:
The city could elect to join the Teeter plan this fiscal year and
receive a one-time payment from the County in the amount of
$996,819 with $661,400 of that amount going into the General Fund.
However, this would result in receiving over $555,000 less revenue
in future years. Therefore, staff's recommendation is not to join
the Teeter plan this year.
\ CPr~
RESOLUTION NO. 17017)...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AGREEING TO ALTERNATIVE METHOD OF
DISTRIBUTION OF PROPERTY TAX LEVIES AND
ASSESSMENTS TO CHULA VISTA BY THE COUNTY OF
SAN DIEGO
WHEREAS, on August 24, 1993, the County of San Diego made
the election provided in Chapter 3 (commencing with Section 4701)
of Part 8 of Division 1 of the Revenue and Taxation Code which
authorizes an alternative method for the distribution of property
tax levies and assessments on the secured roll for the 1993-94
fiscal year and years thereafter as well as for delinquencies for
prior fiscal years; and
WHEREAS, the County is prohibited from using such
alternative method for public districts for which the County
Treasury is not the legal depositary unless such public districts
agree thereto by resolution 0 the public district's governing body
adopted not later than October 15, 1993; and
WHEREAS, the City of Chula vista desires to have the
provisions of said alternative method made applicable to
distributions made to Chula vista.
NOW, THEREFORE, BE IT RESOLVED by the City council of the
City of Chula vista that in accordance with the County's election
to implement the alternative method of distribution authorized by
Chapter 8 of Division 1 of the Revenue and Taxation Code, the
governing body hereby agrees that said al ternati ve method of
distribution of property tax levies and assessments adopted by the
County of San Diego shall be applicable to Chula vista.
BE IT FURTHER RESOLVED that the Clerk of the governing
body is hereby directed to transmit a copy of this resolution to
the Clerk of the Board of supervisors of the county of San Diego
forthwith.
Presented by
Approved as to form by
*
Lyman Christopher, Director of
Finance
Bruce M. Boogaard, City
Attorney
*FORM ACCEPTABLE BUT NOT
RECOMMENDED BY STAFF
F: lhome\attomey\lJlx.dis
//)(3 - I
COUNCIL AGENDA STATEMENT
Item ) )
Meeting Date 10/12/93
ITEM TITLE:
~. Report: Review of closure hours and curfew at Rancho del Rey/Independence
Park and curfew at City parks
8 .Ordinance: QS7J. Amending Section 2.66.270 to change park hours to
prohibit activities in public parks during certain hours, and authorizing
emergency power to Director of P(lks and Recreation to change park hours.
Di rector of Par~ and Recreati o~,
Chief of Police ~itvr/ ~
City ManagerJ~ b~ ~IJ (4/5ths Vote: Yes _ No -L)
SUBMITTED BY:
REVIEWED BY:
This report examines the feasibility of modifying park hours in select parks that present
public safety problems and increased enforcement at certain City parks. These recommendations
come as a result of citizen concerns about public safety at Rancho del Rey and Independence
Parks.
DISCUSSION: On March 30, 1993, the Council received an oral complaint from Mr. Tony Ciotti
regarding apparent crime activity at Independence Park and Rancho del Rey Park. This
complaint stems from a shooting incident that occurred on Santa Cruz Court adjacent to Rancho
del Rey Park (south). Mr. Ciotti also mentioned there was a lot of alcohol consumption and
that the youth in the neighborhood are fearful to use the park because of the "bad element"
within the park. Subsequently, Council directed the Parks and Recreation Department and the
Police Department to examine the impact of an extension of the curfew and/or different closure
hours at Independence Park and other City parks where the frequency of criminal activity is
relatively high after dark, to continue enforcement of all open container and loitering laws,
and post the appropriate City and Park rules.
RECOMMENDATION: That the City Council: 1) adopt the proposed park hour ordinance which will
close Rancho del Rey Park 1 ~ hours earlier in Summer and 3 ~ hours earlier in Winter, and
give emergency authority to the Director of Parks and Recreation to close parks until the next
City Council meeting, and 2) require posting of revised park hours.
BOARDS AND COMMISSIONS RECOMMENDATIONS: At its meeting of August 19, 1993, the Parks and
Recreation Commission voted unanimously to support Option #3, "close Rancho del Rey and
Independence Parks from 9:00 pm to 7:00 am during the months of April through October and
between the hours of 7:00 pm and 7:00 am during the months of November through March."
They further voted unanimously to support the recommendation for the Director of Parks and
Recreation to be given the authority to institute an emergency park hours ordinance when he
deems necessary.
Past Actions by Council
The Council has historically dealt with park problems by establishing new park rules on a
case-by-case (park-by-park) basis. This practice was established in order to strike a balance
between correcting problems at specific parks, while not penalizing law abiding park users
with unnecessary rules at other parks. For example, park hours at Hilltop Park were changed
to coincide with early evening hours to eliminate loitering and other documented problems in
the park. Action was taken at the "J" Street Marina to curb rowdy behavior by installing a
gate to limit access to the area in the late evenings.
Staff Analysis of Problems at Independence/Rancho del Rey Parks
Independence Park and Rancho del Rey Park (north and south) are best characterized by a system
of park nodes, with multiple entrances (See attachment). ~()1r~<:~
IIA ~I
Page 2, Item i /
Meeting Date 10/12/93
In order to determine the level of criminal activity occurring in and around these two parks,
staff used statistics generated by the Police Department's Crime Analysis Unit (CAU). The CAU
reviewed call for service (CFS) and documented crime incident (DCI) data for the six months
beginning July 1, 1992 and concluding December 31, 1992. Staff further differentiated this
data by: CFS and DCI which occurred specifically within the parks; and, CFS and DCI which
occurred at addresses on the streets and cul-de-sacs in the parks' immediate periphery. Such
differentiation ensured that any criminal activity potentially linked to the parks was
introduced into the analysis. In the remainder of this report both CFS and DCI will be
referred to as incidents.
During the period for which the analysis was conducted, there were 205 incidents reported at
the parks and in their peripheral areas. In comparing the two parks, one property crime
i nci dent was reported. A total of 204 i nci dents were reported in the peri phera 1 areas
adjacent to the parks: 7 (3.4%) classified as crimes against persons, 68 (33.3%) classified
as crimes against property and the remaining 129 (63.3%) were classified as miscellaneous
crimes. Staff spoke to Mr. Ciotti concerning the crime statistics of the two parks. Mr.
Ciotti disputes the data and believes that the unreported or undetected incidents outweigh the
reported and documented crime in the area. He contends that there are drug deals occurring
within the park and the privately-owned open space that abuts the park. In addition, he
expressed the following concerns: open space area being a hideout for undocumented
immigrants; thefts and vandalism that have occurred in homes adjacent to the park and open
space area, and illegal use of the open space/park area by motorcyclists.
Mr. Ciotti believes the best approach to dealing with these problems is by instituting an
early park closure time. The existing ordinance calls for all parks (with the exception of
Hilltop Park, Rohr Park and the Boat Launch and Marina Area) to close at 10:30 pm and reopen
at 6:00 am. In the case of Hilltop Park, the park closure hours a~e 9:00 pm to 7:00 am during
the months of April through October and during the months of November through March, the park
is closed from 7:00 pm to 7:00 am. It was Council's intent to have the change in Hilltop
Park's closing hours track with the change from standard to daylight savings time. Although
the ordinance restricts public access to the Park areas, (picnic tables, open turf areas,
etc.) it still allows public access through the designated sidewalks in the park. The park
closure hours at Rohr Park are 10:30 pm to 7:00 am and boat launch and marina area 10:00 pm
and 6:00 am, respectively. These parks hours were changed due to undesirable activities
occurring during the late night hours.
o PTI ONS
The following three options are presented for Council consideration. Option #3 is recommended
as the most effective option for resolving neighborhood concerns regarding Rancho del
Rey/lndependence Park.
Option 11 - Status Quo. This option would retain the present ordinance as it is written;
there would be no change in Park hours at Rancho del Rey Park or Independence Park. Staff
believes this option would not provide Police Officers the authority to direct people to
vacate the park during the hours when some of these undesirable activities occur.
Option 12 - Establish a Dawn to Dusk Curfew. Mr. Ciotti had suggested that the park close at
sunset and reopen at sunrise. This proposed law may be difficult to interpret and enforce and
staff believes time certain language would clearly communicate to the public and enforcement
officers when the park closes.
Option 13 - (RECOMMENDED OPTION) Close Rancho del Rev and Independence Parks from 9:00 pm to
7:00 am durinq the months of April throuqh October and between the hours from 7:00 pm and 7:00
am durinq the months of November throuqh March. This ordinance could be modeled after Hilltop
Park's Ordinance, whereby park users would still have the opportunity to stroll down the
sidewalk while the park is closed. The basic premise behind this ordinance would be to
[prlclose]
} I A /~
Page 3. Item ~I
Meeting Date 10/1 93
provide the Police Department the authority to eliminate suspicious activities at an earlier
time. Further. it would also allow the law abiding citizens the freedom to jog or walk
through this beautiful park setting after hours.
Staff also recommends that the revised park hours. be posted at major entrances to Ranch del
Rey and Independence Parks. Staff will evaluate this approach over a six-month period and
report back to the Commission and Council with a status report.
Letters were sent to residents whose homes are in the area of the park informing them of the
proposed changes in park hours. and of the date and time of the Council meeting at which this
item woul d be consi dered. A copy of the Council Agenda Statement was attached to the
notification along with a phone number of a staff contact. Residents had the option of either
writing or calling the Department with any concerns about the park ordinance change. The
Department has received one letter in support of the change.
Other Parks With Hiqh Frequencies of Crime and Vandalism
I n an effort to determi ne i so 1 ated parks where the frequency of cri mi na 1 acti vity is
relatively high after dark. staff utilized the same statistical data provided by the Police
Department. In addition. the Parks and Recreation Department referenced the records of parks
that sustain an inordinate amount of vandalism. and evaluated park areas that are difficult
to surveil without patro 11 i ng on foot. The fo 11 owi ng i nformati on i dentifi es the cri me
incident profile of these parks.
Inci dents Inci dents Reports
Park Park Address Periphery Written
Hilltop Park 224 41 3
Memorial 162 304 7
Lorna Verde 93 42 13
Lauderbach 71 95 9
Eucalyptus 65 143 5
Rohr 54 20 0
Palomar 33 32 3
Discovery 8 0 11
REPORTING PERIOD: JULY 1. 1992-DECEMBER 31. 1992
In order to deal with problems occurring in other City parks considered isolated. unsafe after
dark. or experiencing excessive vandalism. an action plan has been developed. The Parks and
Recreation Department has already inventoried all park rule signs and will commence posting
park hours at all park areas immediately. The action plan will also include:
1. Work closely with Police Department to eliminate problems at various parks and develop
possible solutions to minimize park disturbances.
2. Evaluate the installation of gates at problem parks to curtail access to the parking
lot after curfew hours and return to Council during the budget process for funding
consideration.
3. Request police patrol to enforce park closure hours ordinance and other park rules
violations.
Finally. the Department proposes granting authority to the Director of Parks and Recreation
to desi gnate new park hours for a peri od of thi rty days if the pub 1 i c health. safety or
[prlclose]
//4 "'3
Page 4, Item ()
Meeting Date 10/12/93
welfare of the community is threatened by undesirable activities occurring in the park. The
proposal would allow the Police Department to take action to immediately abate the problem.
During the interim period. the situation can be evaluated and a report can be prepare for
Council consideration to determine what course of action is needed to resolve the problem.
FISCAL IMPACT: Signage cost for revised park hours at Rancho del Rey/lndependence Parks will
be absorbed within the existing operating budget. The installation of gates at parks will
cost approximately $750 each. The Department will evaluate the needs before determining the
number of gates required. and will return to Council during the FY1994/95 budget process for
funding consideration.
[prlclose]
11f/-1f
Minutes
March 30, 1993
Page 3
Mayor Nader stated that if the motion passed he expected legal staff to look at the contract before it went
to him for signature and if there were any questions as to the City being fully covered by liquidated damages
he wanted it to come back to Council for reconsideration before signing.
VOTE ON MOTION: approved 3-2 with Fox and Horton opposed.
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
None submitted.
ORAL COMMUNICATIONS
. William E. Claycomb, 457 Delaware Street, Imperial Beach, CA 91932, representing Save Our Bay,
Inc., expressed his concern regarding any development which would adversely affect values on lands subject
to any State public trust ownership interest.
. Tony Ciotti, 1338 Santa Cruz Court, Chula Vista, CA 91910, referred to the recent homicides near
the park. The park area did not have lights and he expressed their concern with the drinking, drug use, and
loitering in the area after dark. The residents of the area requested that the park be closed at sundown.
Richard Emerson, Chief of Police, informed Council that the park bordered residential areas. There had been
significant enhanced enforcement in the area with assistance from the beat officers.
Mayor Nader questioned whether there was a curfew that could be enforced.
Chief Emerson responded there was a curfew but the problem was probably with those above curfew age.
Mayor Nader questioned whether the curfew ordinance could be extended for that particular park. He hoped
that if there were violations of the public drinking laws, loitering laws, or curfews they would be enforced.
City Attorney Boogaard stated the park could be closed during particular hours which would not be a
curfew.
MS (NaderlHorton) to refer to staff to continue enforcement of the public drinking and loitering laws and
report back to Council on either an extension of the curfew or a particular closure hour.
Councilman Moore stated that no matter what action was taken there would be a problem with enforcement.
The posting of the property should be the first priority.
Councilman Fox assumed that Council would receive information on how the recommended action would
affect the legal use of the park, i.e. traveling through the park at night, summer hours, etc.
Councilwoman Horton requested that the report include information on any other parks within the City with
similar problems, i.e. no lighting, loitering, etc.
Mayor Nader stated he would incorporate that into the motion. He requested that Neighborhood Watch and
neighborhood groups assist the Police Department.
II A-S
Minutes
March 30, 1993
Page 4
Councilman Rindone stated the City had experienced other times when action had to be taken in order to
control particular problems. It was not for every park and he hoped staff would consider that when bringing
back their recommendations.
VOTE ON MOTION: approved unanimously.
ACTION ITEMS
6. REGIONAL SOUD WASTE ISSUES AND TIiE PROPOSED PARTICIPATION AGREEMENT - A
presentation by Stephanie Snyder, Principal Management Assistant, on the status of regional solid waste
issues and discussion of a proposed Solid Waste Participation Agreement. (Administration)
Stephanie Snyder, Principal Management Assistant, highlighted the City's responsibilities and changes in the
proposed Solid Waste Participation Agreement.
Councilman Moore updated the Council regarding the Solid Waste Summit. A motion had been passed to
appoint two elected officials from north county coastal, north county inland, east county, and south county
along with the Chair and Vice-Chair of the Board of Supervisors. There would also be one attorney from
the city group and one attorney from the county and one key staff member from each of the groups.
Lany Sheehan, Deputy Chief Administrative Officer, County of San Diego, stated the Board of Supervisors
had stated they did not have a problem with a city manager and city attorney from each of the four
subagencies.
Councilman Moore felt the key issue was that the City should concentrate on four to eight major concerns
in the agreement. He did not want a bunch of legal technicalities, but the major concerns with
recommendations and alternatives. Major concerns were the twenty year period; where the funding from
the $52 million dollar bond would go; what the difference was between a JPA and commission; and who
would make the decision regarding rate increases.
Mrs. Snyder handed out follow-up recommendations to the proposed Solid Waste Participation Agreement.
The recommendation was to utilize a phased approach in amending the agreement. Because the County
owned, operated, and managed the system, the City was on the outside looking in. The question was
whether the City wanted to be a partner and if so, the City would be facing questions such as: where to
site a landfill, whether to build transfer stations, rail hauling part of the flow, etc.
City Manager Goss listed seven issues: 1) term of agreement, 2) flow control, 3) long term obligations, i.e.
long term disposal sites, 4) governance, 5) solid waste facility fees, 6) rates and tipping fees, and 7) past
liability.
City Attorney Boogaard suggested there were other major concerns, i.e. City General Fund liability. Other
points of concern were: 1) Emergency and Other Exceptions, 2) authority to set tipping fees, 3) NCRA facility
capability/costs.
Councilman Moore felt staff needed to give Council a listing of the problems, options, and impacts and he
did not want to wait two months for the report.
Councilman Rindone stated he was concerned with trying to assess the County position. He questioned how
serious the County was in giving up their authority and going into a JPA. The Council's number one
responsibility was to assure that the City had a solid waste facility available and their second priority was
)IA~fe,
ORDINANCE NO.
~ .
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.66.270 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO DIRECTOR OF PARKS
AND RECREATION AUTHORITY TO ALTER PARK CLOSING
HOURS
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: Section 2.66.270 of the Chula vista Municipal
Code is amended to read as follows:
Sec. 2.66.270
Activities Prohibited During Certain
Nighttime Hours-Exceptions.
All city parks, with the exception of Rohr Park,
Hilltop Park, and Rancho del Rey/Independence Park are
closed between the hours of 10:30 p.m. and 6:00 a.m.
Rohr Park is closed between the hours of 10:30 p.m. and
7:00 a.m.i Hilltop Park and Rancho del Rev/Independence
Park are ~'closed during the hours of 9:00 p.m. to 7:00
a . m. dur ing the months of Apr i I through October, and
during the hours of 7:00 p.m. to 7:00 a.m. during the
months of November through March. All activities except'
walking or prbceeding along designated sidewalk~ or
pathways through the parks during closing hours" are
prohibi ted. The Director of Parks and Recreation is
authorized to alter the park closinq hours stated above
when the Director determines it is necessary for the
public health. safety or welfare. Such chanqe in hours
shall be effective when signs indicating the chanqe are
posted. and remain in effect until the next city Council
meeting or for thirty (30) days. whichever first occurs.
The Director shall prepare and submit a report to city
Council reqarding the reason for the chanqe and
recommendinq appropriate Councilor administrative
action. which report shall be considered bv Council at
its next meetinq.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
(Ord\Park.Hrs)
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i
PARKS AND RECREATION COMMISSION
AUGUST 19, 1993
PAGE 2
Director Valenzuela discussed highlights from the Commission Newsletter including the new
programming at the Otay Community Center. He emphasized the joint use aspects of these
programs.
5. REPORTS FOR INFORMATION ONLY
County U~htin~ and Landscape District Formation
At the request of Commissioner Hall, the Director gave an overview of the material that was
contained in the Commission's packets.
Commissioner Hall questioned the legality of certain portions of the bill. It was the
consensus of the Commission that this bill may be challenged by various groups.
The Director stated that because of the lack of information, the Department is currently
taking a neutral position on this issue. When more detailed information is forthcoming, the
Department will take a position based on that information, and will keep the Commission
informed at that time.
Vice Chair Helton asked for the Commission to agendize this item for further discussion
when more information becomes available and a staff recommendation is formulated.
6. ACTION ITEMS
Unfinished Business
a. Park Closure EI Rancho del Rey
Director Valenzuela gave a brief history of the EI Rancho del Rey Park issue, and stated the
Department's recommendation on the adjustment of park closure hours.
Vice Chair Helton requested any members of the public who wished to speak to this item
to do so at this time.
Mr. Tony Ciotti, a resident of Chula Vista, recounted various incidents of suspected drug
dealing in and near the park. In addition, he discussed events prior to the crime incident,
involving the death of two men, which happened near the park. He then discussed
suspicious events that have occurred recently in the same area and related measures that
the residents of the neighborhood are taking to prevent crime in the area. Mr. Ciotti stated
that he personally had made several citizens arrests.
Mr. Ciotti stated that he feels the Department's recommendation for closure hours to be a
sound one. He supports staffs reconimendation in this matter.
/IA-9
PARKS AND RECREATION COMMISSION
AUGUST 19, 1993
PAGE 3
Motion to support Option #3, "Close Rancho del Rey and Independence Parks from 9:00
pm to 7:00 am during the months of March through November and between the hours of
7:00 pm and 7:00 am during the months of November through March," in the report.
MSUC WILLETI/SANDOVAL-FERNANDEZ 7-0
Director Valenzuela called the Commission's attention to the statistical table contained in
the report which outlined the number of crime incidents at various parks, and the proposed
"action plan" which includes a new Park Rules Ordinance. The Park Rules Ordinance, which
will be submitted for Council's approval in the near future, proposes to empower the
Director of Parks and Recreation and the Chief of Police to take action to establish
temporary park hours in emergency situations for a maximum of 30 days until a full report
evaluating the impacts can be submitted to City Council for approval. This, the Director
feels, would allow undesirable or unsafe situations in parks to be addressed on a more
immediate, individual park basis before they escalate.
Motion to support the Director's recommendation to have the authority to institute
emergency park hours ordinance.
MSUC SANDOVAL-FERNANDEZ/CARPENTER 7-0
b. Park Tour Scheduling
Director Valenzuela recommended that the Commission Tour be held on September 16,
prior to next month's meeting and include Chula Vista Community Park, Otay Park and the
Parkway Complex.
The consensus was to have the tour September 16 beginning at 6:00 pm returning to the
Civic Center for the regular monthly meeting at 7:30 pm.
Commissioners Carpenter and Willett will be unable to attend the tour or the September
meeting due to conflicting schedules.
New Business
a. Youth Action Plan Agreements
Deputy Director Shy gave a history of the Youth Action Plan for the new Commissoners and
presented highlights of the plan.
Commissioner Willett asked questions regarding certain specific parts of the contract.
Commissioner Hall asked how transportation considerations fit into the program.
IJA,/tJ
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CllY OF
CHUlA VISTA
PARKS AND RECREA TION DEPARTMEN T
NOTICE OF COUNCIL MEETING
OCTOBER 12, 1993
6:00 PM
The City Council will review the enclosed report regarding
the institution of new park hours for RANCHO DEL REYand
INDEPENDENCE PARKS.
If you have any concerns regarding the change in hours,
please contact Jerry Foncerrada, Deputy Director/Parks at
the Parks and Recreation Department, 691-5071 Extension
3136, or send your written comments by October 1, 1993 to:
Jerry Foncerrada, Deputy Director/Parks
P. O. Box 1087
Chula Vista, CA 91912
//A -iI
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5071
Sept. 28, 1993
Mr. Jerry Foncerrada, Deputy Director/Parks
P.O. Box 1087
Chula Vista, Ca. 91912
Re: Changing park hours.
Dear Mr. Foncerrada:
We will not be able to attend the Council meeting Oct. 12,
1993, but we strongly favor the proposed change in night-time
hours for the parks. We live immediately adjacent to Rancho del
Rey Park.
The change in hours is only the first step in the right
direction. With the extensive commercial/residential development
taking place east of 805, there will be a need to spend an
"extensive amount of money" on police in the area. One example:
about 11:30 PM one night in the park a group of teenagers were
drinking/smoking and maybe doing drugs. I don't know. But they
were falling down and vomiting and leaning against the park wall
alongside our home.
We called the police. About 45 min. later I called the
pOlice back to tell them no use corning; the group was gone. The
point is--nothing very serious happened that time, but if it had,
over 45 min. response time by the pOlice is too long. Twenty
years ago, this situation would not have bothered my wife and me
very much but that night we were afraid to turn a light on in our
house because if the group knew we had seen them what would they
have done?
We need more police so they will be able to respond to
such a situation.
1J;:rUl~it:l~~t1/
Doug ~bbe Tatreau
I/A ~/~
ORDINANCE NO. :l51~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.66.270 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO DIRECTOR OF PARKS
AND RECREATION AUTHORITY TO ALTER PARK CLOSING
HOURS
The city Council of the City of Chula vista does ordain
as follows:
SECTION I: Section 2.66.270 of the Chula vista Municipal
Code is amended to read as follows:
Sec. 2.66.270
Activities Prohibited During certain
Nighttime Hours-Exceptions.
All city parks, with the exception of Rohr Park,
Hilltop Park, and Rancho del Rev/Independence Park are
closed between the hours of 10:30 p.m. and 6:00 a.m.
Rohr Park is closed between the hours of 10:30 p.m. and
7:00 a.m.; Hilltop Park and Rancho del Rey/Independence
Park are 4s closed during the hours of 9:00 p.m. to 7:00
a. m. during the months of April through October, and
during the hours of 7:00 p.m. to 7:00 a.m. during the
months of November through March. All acti vi ties except
walking or proceeding along designated sidewalks or
pathways through the parks during closing hours are
prohibited. The Director of Parks and Recreation is
authorized to alter the park closing hours stated above
when the Director determines it is necessary for the
public health. safety or welfare. Such change in hours
shall be effective when siqns indicatinq the chanqe are
posted. and remain in effect until the next city Council
meeting or for thirty (30) days. whichever first occurs.
The Director shall prepare and submit a report to city
Council regardinq the reason for the chanqe and
recommendinq appropriate Councilor administrative
action. which report shall be considered by Council at
its next meetinq.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adop ion.
Jess Valenzuela, Director of
Parks and Recreation
AL ~t\ ~o orm~?
~ruce M. Booga~rd
City Attorney ,
Presented by
(Ord\Park.Hrs)
J IS.... I
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item /2-
Meeting Date 10-12-93
PUBLIC HEARING: GP A-94-0l/PCZ-94-A City-initiated proposal to
amend the General Plan and rezone certain territory, generally bounded
by Park Way, "G" Street, Fifth Avenue, and Broadway, to resolve
General Plan/zoning inconsistencies within the Central Chula Vista
community.
.a.
Resolution 17 a 13 Approving GP A -94-01 : a City-initiated proposal
amending the General Plan, for the area generally bounded by Park Way,
"G" Street, Fifth Avenue, and Broadway, to resolve General Plan/zoning
inconsistencies within the Central Chula Vista community
A,
Ordinance A';...,.3 Amending the zoning map or maps established by
Section 19.18.010 of the Chula Vista Municipal Code rezoning 9.7 acres
located between Park Way, "G" Street, Fifth Avenue, and Broadway
Director of Planning Qt
City Manage~ , ~ (4/Sths Vote: Yes _ NoX)
This item involves a proposed amendment to the General Plan and rezoning of Subareas B-4F
and B-4G of the Central Chula Vista General Plan/Zoning Consistency Study. The two subareas
are generally bounded by Park Way to the north, "G" Street to the south, Fifth Avenue to the
east, and Broadway to the west. The eastern half of Park Way generally serves as the boundary
between Subarea B-4F to the north and Subarea B-4G to the south (See Exhibit A & B). The
study area includes approximately 16.6 acres and 52 lots.
The Environmental Review Coordinator conducted an Initial Study, IS-93-32, of potential
environmental impacts associated with the implementation of the proposed rezoning and General
Plan Amendments. Based on the attached Initial Study and comments thereon, the
Environmental Review Coordinator has concluded that this reclassification would cause no
significant environmental impacts as per the Negative Declaration issued on IS-93-32.
RECOMMENDATION:
1. Based on the Initial Study and comments on the Initial Study and Negative Declaration,
find that the proposed rezonings and General Plan amendments will have no significant
environmental impacts and adopt the Negative Declaration issued on IS-93-32 for the
General Plan/Zoning Consistency Study.
I~-J
Page 2, Item I.;}..
Meeting Date 10-12-93
2. That the Council adopt the Resolution and Ordinance amending the Chula Vista General
Plan Subarea B-4F, from Medium Density Residential to High Density Residential and
amending the General Plan and rezoning Subarea B-4G, from Medium Density
Residential and R-3 to Medium High Density Residential and R-3-P-22.
BOARDS/COMMISSIONS RECOMMENDATIONS:
The Planning Commission held a public hearing on this matter on August 25, 1993. On August
25, 1993, the Planning Commission recommended approval as stated herein, by a vote of 5-1-1
(Commissioner Tarantino against) (Commissioner Fuller excused). A total of three property
owners spoke against the reclassification. Commissioner Tarantino expressed concerns regarding
the status of the School Mitigation Study. On September 20, 1993, the Resource Conservation
Commission considered the Negative Declaration and voted (5-1) to send the Negative
Declaration back to the Planning Department, requesting that the school facilities issue be further
clarified. Planning Department staff will return to the RCC to provide clarification of the school
issue and request a final recommendation from RCC on this matter on October 11, and will
report the results to the City Council.
DISCUSSION:
Council's direction to consider Subareas B-4F and B-4G of the "General Plan/Zoning and Action
Plan for Central Chula Vista" came as a result of a property owner's request to resolve the
General Plan/zoning inconsistency on property which he resides. The purpose of the ongoing
consistency study is to resolve general plan/zoning inconsistencies within the Central Chula Vista
community which resulted from approval of the General Plan Update on July 11, 1989. During
this process, this particular area's General Plan Land Use designation was redesignated from
High Density Residential (18-27 du/ac.) to Medium Density Residential (6-11 du/ac.); however,
the underlying zone for this area remained R-3 (Multi-Family Residential 32 du's/acre).
Area B-4 was placed in a special study category, because of the complexity of the land use
issues, given the existing patterns of land use; residential density, zoning, traffic circulation and
school issues. It was anticipated that special study areas may require a combination of general
plan amendments and rezoning to promote their orderly development and conservation, as well
as the need to address school facilities.
As a result of the above concerns, the City delayed action on the remaining Special Study Areas
to work with both school districts to develop a mutually agreeable work program for a
City/Schools Impact Mitigation Study. Since that time, the staffs have held a series of meetings
and discussions as directed, and SourcePoint (the non-profit research organization of the San
Diego Association of Governments) has prepared the final study proposal and scope-of-services
which was approved by the City Council on September 14, 1993. Staff does not plan to return
with General Plan and rezoning proposals for the remaining areas until the School Mitigation
Study is completed.
/~ -~
Page 3, Item / d...
Meeting Date 10-12-93
Field surveys of both subareas were conducted to inventory the existing land uses. Existing
zoning, lot sizes, residential densities and adjacent land uses were also tabulated and mapped to
assist in the analysis. In addition, staff further evaluated the development potential of each lot
and subarea in terms of the number of additional dwelling units permitted and the number of
non-conforming uses which may result from each alternative. Staff's analysis was then
presented to the property owners at a public forum held on May 13, 1993. At the forum, many
of the property owners expressed a desire to retain the existing R-3 zoning.
General Plan Policies
The Chula Vista General Plan contains several goals, objectives, and policies relating to the
appropriate character of Subareas B-4 F and B-4G.
The Housing and Community Character Goal of the Land Use Element calls for a "full
diversity of housing types, while maintaining an orientation to single-family living."
Objective No. 12, Housing Community Character, states that the City shall
"provide for the development of multi-family housing in appropriate areas."
Objective No. 15 states that the City "shall preserve and reinforce existing
residential neighborhoods throughout the city. "
Objective No. 17 states that the City shall "replan portions of the Central Chula
Vista area to lower densities where higher densities are found to be incompatible
with single-family neighborhoods."
The General Plan chapter entitled "Central Chula Vista Area Plan" contains additional goals and
objectives relating to Subareas B-4F and B-4G. Goal 2 calls for "a variety oftypes and densities
of housing in ways which will preserve and enhance existing Neighborhoods." The Central
Chula Vista Area Plan also contains policy on the redesignation of single-family neighborhoods,
which states that no areas designated for single-family residential development shall be
redesignated to higher density residential use except where:
1) there is a city-wide need;
2) there are no significant impacts
3) at least one-half of the boundary of the area proposed for redesignation is
bordered by higher density residential or non-residential uses; and
4) that a series of design standards for such development are met.
/;}...J
Page 4, Item I ~
Meeting Date 10-12-93
Analysis
Subarea B-4F
(Exhibit A)
This subarea consists of six lots located along Park Way and Fifth Avenue which are
developed at or above the allowable density of the R-3 (Multi-Family Residential 32
du's/acre) zoning and High Density Residential designation of the General Plan. The
largest parcel contains approximately 2.4 acres and is developed with 129 dwelling units,
a density of 53 units per acre. The average density of this subarea is 43.4 du's/acre.
The character of this subarea is high density residential.
Conclusion
Based on our analysis, staff concludes that the existing General Plan designation of
Medium Density Residential (6 -11 . dul ac) should be changed to High Density Residential
(18-27 du/ac) and that the existing R-3 (Multiple Family Residential 32 du's/acre) zoning
should be retained for Subarea B-4F (see Exhibit A). The rationale for these conclusions
are as follows:
a. The designation of this area for multi-family residential use conforms with
Objective 12 of the Chula Vista General Plan Land Use Element (Page 1-7) which
calls for "development of multi-family housing in appropriate areas convenient
to public services, facilities, and circulation." While the subarea is not directly
adjacent to a four-lane street or transit lines, it is within one-quarter mile of
Broadway to the west. It is also within one-quarter mile of commercial uses
along Broadway, and within one-quarter mile of the Chula Vista Center at
Broadway and "H" Street.
b. The entire subarea is developed exclusively with multiple-family housing, and the
objective of the Chula Vista General Plan which calls for the preservation of
single-family neighborhoods does not apply.
c. The existing R-3 Zoning and the proposed change to High Density Residential
General Plan designation are appropriate for this subarea because it is built out
at densities permitted under the R-3 Zone and the existing Medium Density
Residential designation is inconsistent with the density of the existing
development.
/~ . 'I
Page 5, Item Id
Meeting Date 10-12-93
Subarea B-4G
(Exhibit B)
This subarea consists of 9.7 acres of land divided into 46 lots. Twenty three of these lots
are developed with single-family dwellings, while the remaining 23 lots contain a total
of 145 dwelling units ranging from two-family residences to multiple family. There are
two large apartment complexes totaling 44 units with the remainder within small
apartment complexes of three to 10 units. The clustered pattern of single-family
properties lends itself to lot consolidation and the development of additional units.
Conclusion
Based on our analysis, staff concludes that the existing General Plan Designation of
Medium Density Residential (6-11 du/ac) should be changed to Medium-High Density
Residential (11-18 du's/acre) and the existing R-3 Multiple Family Residential Zoning
(32 du's/ac) should be changed to R-3-P-22 (Multiple Family Residential Zoning, 22
du's/acre) for Subarea B-4G (see Exhibit B). The rationale for this conclusion is as
follows:
a. The designation of this area for multi-family residential uses conforms with
Objective 12 of the Chula Vista General Plan Land Use Element (Page 1-7) which
calls for "development of multiple-family housing in appropriate areas convenient
to public services, facilities, and circulation." While the subarea, similar to
Subarea B4-F, is not directly adjacent to a 4-lane street or transit lines, it is
within one-quarter mile of Broadway to the west. It is also within one-quarter
mile of commercial uses along Broadway, and within one-quarter mile of the
Chula Vista Center at Broadway and "H" Street.
b. The subarea is a mixed density neighborhood developed with single-family
detached housing and apartments which has resulted in a varied texture. For the
most part, multiple-family projects have been built on small lots. The
recommended R-3-P-22 zoning recognizes the pattern of small lots and the
existing small scale of multiple-family development.
c. The proposed R-3-P-22 zoning and Medium-High Residential (11-18 du/ac)
General Plan designation is more appropriate than the existing R-3 Zoning and
Medium Residential designation because the subarea's overall character is no
longer considered single family due to the amount of multiple-family development
and given its potential for additional development through lot consolidation. It is
also adjacent to existing high density developments to the north.
10'1 ;~
Page 6, Item J a-...
Meeting Date 10-12-93
d. Since density in the R-3 zone is variable, based upon lot size and the dwelling
unit sizes within a proposed project, the maximum buildout under the R-3 zoning
is obtainable only if existing single-family lots in the area are consolidated and
if smaller studio and one-bedroom apartment units are constructed. The
difference between the present R-3 and the proposed R-3-P-22 on the smaller
7,000 square foot lots would be an additional dwelling unit.
School Issue
As noted earlier, the City received correspondence from the Chula Vista Elementary School
District (see letter, dated August 11, 1993) requesting that the City delay action on this matter
until the School Mitigation Study is completed. In addition, Planning Commissioner Tarantino
voted against the proposed action, based on the fact that the work program for the School
Mitigation Study had not yet been approved. Since the Planning Commission hearing, Council
has approved the work program. Therefore, staff feels it is appropriate to move forward on
these particular General Plan and zoning actions at this time.
FISCAL IMPACT: Not applicable.
f: \home\planning\B4-MFHML
/,;J ~ l.p
EXISTING AND PROPOSED GENERAL PLAN DESGINA TIONS AND ZONING
EXISTING PROPOSED
GENERAL PLAN GENERAL PLAN
EXISTING
ZONING
PROPOSED
ZONING
SUBAREA
B-4-F
MEDIUM DENSITY HIGH DENSITY
RESIDENTIAL RESIDENTIAL
R-3
NO CHANGE
SUBAREA
B-4-G
MEDIUM DENSITY MEDIUM-HIGH
RESIDENTIAL DENSITY
RESIDENTIAL
R-3
R-3-P-22
LOW DENSllY RESIDENTIAL
LOW-MEDIUM DENSllY RESIDENTIAL =
MEDIUM DENSllY RESIDENTIAL
MEDIUM HIGH DENSllY RESIDENTIAL
HIGH DENSllY RESIDENTIAL
=
3 D.Uo PER GROSS ACRE
3 - 6 D.Uo PER GROSS ACRE
= 6 - 11 DoU. PER GROSS ACRE
= 11 -18 DoU. PER GROSS ACRE
= 18 - 27 D.U. PER GROSS ACRE
TABLE - I CASE NUMBER: GPA-94-01 ~U?-
C) PCZ-94-A
SCALE: NONE ~-:
EXISTING AND PROPOSED 10-4-93 ~.....
DATE: em OF
GENERAL PLAN DESIGNATIONS & ZONING DRAWN BY: C. FERNANDEZ CHUlA VISTA
PlANNING
NORm CHECKED BY: F. HERRBRA-A DEPARTMENT
/~-I
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EXHIBIT - A
GENERAL PLAN / ZONING CONSISTENCY
STUDY: SPECIAL STUDY AREA 8-4
PROJECT AREA BOUNDARY: Subarea B-4F
CASB NOHBBR: GPA-94-01 ~V~
PCZ-94-A
SCALB: 1- . 200' ";P4t-;
DATB: 10-4-93 rnv OF
DRAWN BY: C. PBRNANDBZ CHUlA VISTA
PlANNING
CHBCKBD BY: P. HBRRBRA-A DEPARTMENT
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----
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SUBAREA B-4G
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EXHIBIT - B
GENERAL PLAN / ZONING CONSISTENCY
STUDY: SPECIAL STUDY AREA 8-4
PROJECT AREA BOUNDARY: Subarea B-4G
I~ ..1
~ ---
VISTA SQUARE
ELEMENTARY
CASB NOMBBR. GPA-9t-01 ~~~
PCZ-94-A
SCALB. 1- . 200' :;;~
DATB. 10-4-93 01Y OF
DRAWN BY. C. PBRNANDBZ CHUA VISTA
PlANNING
CHBCltBD BY. P. HBRRBRA-A DEPARTMENT
C9
NORm
LEGEND
M-DR MEDIUM DENSITY RESIDENTIAL
(6-11 du/ac)
HIGH DENSITY RESIDENTIAL
(18-27 du/ac)
COMMERCIAL THOROUGHFARE
COMMERCIAL RETAIL
PUBLIC & QUASI PUBLIC
UlJ-LJ
MADRONA STREET
EXHIBIT - C
GENERAL PLAN / ZONING CONSISTENCY
STUDY:
SUBAREAS B-4F & B-4G:
SURROUNDING GENERAL PLAN DESIGNATIONS
.
.
.
: H-DR
.
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B-4F
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VISTA SQUARE
ELEMENTARY
P-Q-P
CASE NUMBER:
SCALE:
GPA-94-01
PCZ-94-A
1" . 200'
~~~
-;J1~-;
-
0lY OF
CHUIA VISTA
PlANNING
DEPARTMENT
DATE:
DRAWN BY:
CHECKED BY:
10-4-93
C. FERNANDEZ
F. HERRERA-A
Jd.,/tJ
R-l SINGLE FAMILY RESIDENCE ZONE: Permits single family dwellings, accessory uses,
and certain conditional uses.
R-2 ONE AND TWO-F AMIL Y RESIDENCE ZONE: Permits single family dwellings,
duplexes, and attached single family dwellings. Accessory uses and conditional uses similar to
R-l lone.
R-3 APARTMENT RESIDENTIAL ZONE: Permits multiple dwellings, townhouses and
duplexes, and accessory uses. Single family homes and other designated uses permitted with
a conditional use permit. 32 units per acre maximum density.
R-3-P-22 APARTMENT RESIDENTIAL ZONE WITH PRECISE PLAN MODIFYING
DISTRICT, 22 UNITS PER ACRE: Allows uses permitted in the R-3 lone. New
development subject to Precise Plan applications, including Design Review. 22 units per acre
maximum density.
CO ADMINISTRATIVE AND PROFESSIONAL OFFICE WNE: Permits offices for
professions, administrative, fInancial institutions, prescription pharmacies, and other offIces of
the same character. Accessory uses such as services and sales for occupants and patrons are
permitted, as well as designated conditional uses.
CT THOROUGHFARE COMMERCIAL ZONE WITH PRECISE PLAN MODIFYING
DISTRICT: Allows uses for centers for retail commercial, entertainment, automotive, and
other appropriate highway-related activities. New development subject to Precise Plan
applications, including Design Review.
COP ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE WITH PRECISE PLAN
MODIFYING DISTRICT: Allows uses permitted in the CO zone. New development subject
to Precise Plan applications, including Design Review.
(!)
NORTH
TABLE - II
ZONING DESCRIPTIONS
CASE NUMBER:
SCALE:
GPA-94-01
PCZ-94-A
NONE
DATE:
DRAWN BY:
CHECKED BY:
10-4-93
C. FERNANDBZ
1". HBRRERA-A
~v?-
-.-
"...0:'- -_
~
em OF
CHULA VISTA
PlANNING
DEPARTMENT
,(;2- /1
CENTER STREET
R-2
MADRONA STREET
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--------
SUBAREA B-4F
..
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R-3 i
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NORm
C-O-P
VANCE STREET
VISTA SQUARE
ELEMENTARY
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51
V)
EXHIBIT - D
GENERAL PLAN/ZONING CONSISTENCY
STUDY:
SUBAREAS B-4F & B-4G:
SURROUNDING ZONING
CASB NllMBBR: GPA-94-01 ~~~
PCZ-94-A
SCALB: 1" . 200' ;-Jl~-;
DATB: 10-4-93 01Y Of
DRAWN BY: C. PBRNANDBZ CHUlA VISTA
PlANNING
CHBCltBD BY: P. HBRRBRA-A DEPARTMENT
/~,I;1..
----------
MADRONA STREET
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EXHIBIT-E
SUBAREA B-4G: EXISTING LAND USES
CASB NUMBBR: GPA-94-01 ~U?-
PCZ-94-A
SCALB: 1" . 200' -.-
~~
DATB: 10-4-93 ~
em Of
DRAWN BY: C. FBRNANDBZ CHUlA VISTA
PlANNING
CHBCKBD BY: F. HBRRBRA-A DEPARTMENT
NORlH
/~_/..3 /Itl-I'/-
.
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negative
declaration
PROJECT NAME: General Plan/Zoning Consistency Study
Subarea B4-F and Subarea B4-G
PROJECT Generally bounded by 5th Avenue to the east,
LOCATION: Broadway Avenue to the west, G street to the south
and Madrona Street to the north.
APN NUMBERS: Subarea B4-F: 567-102-41,42; 567-103-13,14,23,25.
Subarea B4-G: 567-103-05 to 13; 567-140-06 to 10,13
to 19,23; 567-150.
PROJECT
APPLICANT: City of Chula Vista
CASE NO:
IS-93-32
DATE: July 14, 1993
A. Proiect Bettina
The project site consists of two subareas (B-4F and B-4G) in
central Chula Vista totalling 16.6 acres. At the present
time, the entire study area contains parcels with zoning
designations inconsistent with the general plan designations
established as part of the 1989 General Plan Update. The
proposed project would provide consistency between the zone
and general plan in order to comply with state and local land
use policie~ and regulations. . ~
Subarea B-4F consists of 6.9 acres generally located west of
Fifth Avenue, north of Park Way, south of Madrona Street and
east of Broadway.Avenue (see Exhibit 1). This subarea is
puilt-out with higher density multi-family development. There
are approximately 300 multi-family residential units in this
subarea, with an estimated population of 808.persons.
Subarea B-4G covers 9.7 aeres generally located west of Fifth
Avenue, north:of Vance Street, south of Madrona Street and
east of Broadway. Avenue (see Exhibit 1). ..The hou'sing stock
within this suba~ea used to be predominated by single-family
residences, however, due to the number of under-utilized
parcels, it has transitioned to a mixture of single- and
multi-family homes. There are currently 135 multi-family
residences in this subarea, with an estimated population of
466 persons.
Both subareas are located in previously developed and
urbanized areas of the City, therefore, it is not anticipated
that any sensitive plant or animal resources will be impacted.
All public services and facilities have already been provided
_ ~o both subareas. ) J... _ / 5 ~!~
~rJ - I'
e!I~~ -
. ~~~
elt, of chul. YIlt. ".nnlnl .p.rtment OIY OF \,
envlronment.1 review Hctlon. OtULA VISTA
~
B.
Pro;ect DescriDtion
-,
California Planning, Zoning, and Development Law requires that
general law city zoning designations be consistent with
general plan designations (Government Code Section 65860).
The same result is obtained in Chula Vista, a charter city,
because Government Code Section 65803 authorizes charter
cities to adopt an ordinance requiring consistency and Chula
Vista has done so (Chula Vista Municipal Code ~19.12.020).
The proposed project would provide consistency between the
zone and general plan within both subareas through the
implementation of two types of discretionary actions--rezones
and/or general plan amendments.
In Subarea B-4F, a general plan amendment from Medium Density
Residential (6-11 du/ac) to High Density Residential (18-27
du/ac) will bring the zone and general plan into conformance.
The proposed general plan designation of High Density
Residential will more accurately reflect the existing multi-
family residential character of the area. This subarea has
already been built out at densitites higher than the existing
general plan designation. The proposed general plan amendment
will implement the existing R-3 zone.
In Subarea B4-G, a rezone and general plan amendment will be
implemented to achieve consistency. First, existing zoning
will be changed from R-3 Apartment Residential which allows up
to 32 du/ac to R-3-P22 Apartment Residential with Precise Plan
which allows up to 22 du/ac. The recommended R-3-P22 zoning
will be more compatible with existing lot sizes, density, and
overall development patterns in the subarea. Second, a
general plan amendment from Medium Density Residential (6-11
du/ac) to Medium-High Density Residential (12-18 du/ac) will
implement the R-3 -P22 zone. Implementation of these two
discretionary actions will more accurately reflect the
existing community character.
-
c. ComDatibilitv with Zonina and Plans
Existing zoning within': both subareas is currently R-3
Apartment Residential with a general plan designation of
Medium Density Residential (6-11 du/ac). The proposed project
is a city-initiated project to ensure that the zone and
general plan are in conformity with Chula Vista Municipal Code
~19.12.020.
The proposed project will more accurately reflect existing
development patterns in the subarea and in the surrounding
area. Surrounding land uses generally consist of
"Thoroughfare Commercial" and "Medium Density Residential" to
the west, "Public and Quasi-public" and "Medium Residential"
to the south, and "Medium Density Residential" to the east and
north.
.........
1'2- -{ If
WPC NDCHECK.LST
Page 2 -:;...-
D. Identification of Environmental Effects
The following impacts have been determined to be less than
significant.
Less Than Siqnificant Impacts
1. School Im~acts
The Sweetwater Union High School District and Chula Vista
Elementary School District have both commented on the proposed
project. Both Districts expressed their concerns that the
project will have an adverse impact on school facilities.
Schools serving the study area include Chula Vista High
School, Chula Vista Junior High School, and Vista Square
Elementary School.
According to the Sweetwater Union High School District, Chula
Vista High School is operating at 114 % of capacity, and Chula
Vista Junior High School is operating at 97% of capacity
(July, 1993). A letter received from the Sweetwater High
School District (April 9, 1993) indicates that an increase in
density could intensify the school overcrowding pressures in
central and western Chula Vista. A letter expressing similar
concerns was received from the Chula Vista Elementary School
District on April 19, 1993. The Elementary School District is
currently operating over their permanent capacity (Shurson,
July 1993) .
Potential school impacts were assessed for both subareas.
Project implementation in Subarea B-4F will not create
additional dwelling units since maximum build-out has already
been attained. Therefore, no additional students will be
generated, and no impacts to schools will occur in Subarea B-
4F.
In Subarea B4-G, potential school impacts were evaluated by
calculating the number of additional dwelling units which may
be generated by project implementation, and applying student
generation factors obtained from each School District. A
total of 68 additional dwelling units could be constructed in
Subarea B-4G, if the project is approved, resulting in a
potential increase in students.
Without project implementation, a total of 29 dwelling units
would be allowed by the existing general plan designations, if
under-utilized parcels were built out. The difference between
the number of dwelling units built under the proposed project
(68 du) and the existing general plan (29 du) results in a
total of 39 additional dwelling units in Subarea B-4G, after
project implementation.
Impacts to each School District were calculated based upon the
number of additional students which could be generated after
project implementation, assuming that maximum in-fill
-
1,;;;-- {7
Page 3
~3-
WPC NDCHECK.LST
development occurs. The Chula Vista Elementary School
District's student generation rate of 0.30 students per
dwelling unit resulted in a total of 12 additional elementary
school students. The Sweetwater Union High School District's
student generation rates of 0.19 for junior high and 0.10 for
high school resulted in a total of 7 additional junior high
and 4 additional high school students for a total of 23
additional students. Table 1 reflects a comparative analysis
of how each school's enrollment figures will be affected by
these additional students. ..
The 12 additional elementary school students generated
represents a 2.1 % increase over current enrollment figures
for Vista Square Elementary School. The 7 additional junior
high school students represents 0.52 % over current enrollment
at Chula Vista Junior High School. And, the 4 additional high
school students represents a 0.22 % increase over current
enrollment figures for Chula Vista High School.
The total percentage increase in student generation over
existing enrollment figures for both School Districts will be
2.84 %. Because this represents a relatively 'minor in student
generation, school impacts will be less than significant.
It should be noted, however, that although school impacts are
found to be less than significant under CEQA, the City and the
School Districts have been working together on the school
overcrowding issue. As a result, the City has agreed to allow
this project to proceed with the understanding that
development proposals subsequent to this project approval be
subject to a condition at the time of building permit
issuance. This condition is that the City of Chula Vista and
both School Districts agree to enforce any appropriate legal
mechanism sponsored by the Chula Vista Elementary School
District and the Sweetwater Union High School District, as may
be approved by the City, to reduce impacts to school
facilities.
,:
-.
WPC NDCHECK.LST
/2 -IY
Page 4
-,
-
-
-4/
TABLE 1
ANALYSIS OF SCHOOL IMPACTS - BASED ON CURRENT ENROLLMENT
Assumes Maxtmum Buildout Conditions of
Existing (RM/R3P14) & Proposed (RMH/R-3P22) Zone Categories
RM/R-3P22
R-3P14
Difference
School
Current
Enrollment
# Add'l Students
(% Increase)
# Add'l Students
(% Increase)
# Add'l Students
(% Increase)
Vista Square
Elem.
C.V. Jr High
School
570
21 (+3.6%)
9 (+1.5 %)
12 (+2.1 %)
1,367
13 (+0.95%)
6 (+0.43%)
7 (+0.52%)
C.V. High
School
:l:.'li'm~l~m~~N~::iii~
1,835
7 (+0.38%)
3 (+0.16%)
4 (+0.22%)
Note: . Enrollment as of April 1993
. Student Generation Factors:
Elementary: 0.30 students per household
Jr. High: 0.19" " "
High School 0.10" " "
;
-
/~/q
Page 5
s-
-
WPC NDCHECK.LST
2. Land Use Impacts
-
The proposed discretionary actions will correct present
inconsistencies between the plan and zone in Subarea B-4F
through a general plan amendment. By changing the general
plan from Medium Density Residential (6-11 du/ac) to High
Density Residential (18-27 du/ac) , the general plan
designation will conform with the (existing R-3) zoning.
In Subarea B4-G, existing R-3 Apartment Residential zoning
will be changed to R-3-P22 Apartment Residential with Precise
Plan. The R-3-P22 zone allows a lesser density (22 du/ac)
than the existing R-3 zone (32 du/ac). In addition, the
general plan designation will be changed from Medium
Residential (6-11 du/ac) to Medium-High Residential (12-18
du/ac) to implement and be consistent with the R-3-P22 zone.
Both the rezone and general plan amendment will more clearly
reflect the scale, lot sizes, and density patterns found in
this subarea.
Objective 12 of the general plan is to "Provide for
development of multi-family housing in appropriate areas
convenient to public services, facilities, and circulation"
(p.1-7) . The project provides multi-family residential
development in a neighborhood transitioning to higher density
uses and within one-quarter mile of Broadway Avenue and the
Chula Vista Shopping Center. The analysis conducted in the ~"
initial study for this project leads to the conclusion that
the project meets this objective. .
Project implementation will provide consistency between zoning
and the general plan, will comply with state and local land
use regulations and policies, and will more accurately reflect
existing land use patterns in both subareas. Therefore, land
use impacts have been determined to be less than significant.
3. Traffic/Circulation Impacts
Primary access is provided to these subareas by "G" Street,
Fifth Avenue and Broadway Avenue. The City Traffic Engineer
calculated the potential impacts to the surrounding
circulation system after project implementation. The
estimated average daily trips (ADT) before and after project
completion for these access routes is as follows:
Roadwav
Before
After
5th Avenue
"G" Street
Broadway
6180
4320
22,210
6912
5412
22,768
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-1ft;,
According to the Chula Vista Engineering Department, if
Subarea B-4G were built out under the existing R-3 zone, a
total of 744 AnT would be generated (Ammerman, 1993). The
number of AnT generated with project implementation was
calculated by multiplying the number of dwelling units under
the existing R-3 zone (93 du) by SANDAG's traffic generation
factor of 8 AnT per dwelling unit for multi-family residences.
With project implementation, a reduction in dwelling units
from 93 d.u. to 68 d.u. would occur, thereby reducing the
number of AnT generated 744 AnT to 544 AnT or a reduction in
vehicular traffic by 200 AnT, as compared to potential
buildout under existing general plan and zoning.
In conclusion, project implementation will not result in a
substantial increase in vehicular traffic in Subarea B-4G.
Project implementation will actually result in a reduction in
the amount of trips potentially generated under existing land
use designations.
Primary access roads are adequate to serve the project, and
the level of service (LOS) will remain at LOS "C" or better on
all roadways affected. No traffic impacts will occur in
Subarea B-4F, since it is already built out. Therefore,
traffic and circulation impacts will be less than significant.
4. PODulation/Housina ImDacts
The proposed general plan/zoning consistency project will
allow 68 dwelling units to be built, under a maximum build-out
scenario in Subarea B-4G. Because Subarea B-4F is already
built out, no population or housing impacts will occur within
this subarea.
According to the City's current population coefficient of 2.88
persons per dwelling unit, 68 dwelling units will result in a
population increase of approximately 196 persons, if maximum
in-fill development occurs. The population increase under
existing land use designations would allow up to 268 persons,
or 72 fewer persons with~roject implementation.
Due to the reduction in population which could occur in
Subarea B-4G, population and housing impacts are less than
significant.
Mitiaation necessarv to avoid sianificant effects
The proposed project is not associated with any significant or
potentially significant environmental impacts, therefore, no
mitigation will be required.
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E.
Consultation
-
1. Individuals and Orqanizations
City of Chula Vista:
Maryann Miller, Planning
Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Lance Fry, Planning
Frank Herrera, Planning
Ed Batchelder, Planning
Ken Larsen, Director of Building &
Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks & Recreation Dept.
Rich Rudolf, Assistant City Attorney
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Lance Fry, Assistant LPlanner, City of
Chula Vista
2. Documents
City of Chula Vista, Chula Vista General Plan (1989).
, Chula Vista Municioal Code.
, "Draft Chula Vista General
Plan/Zoning Consistency Study for Study Area B-4
(Subareas B-4F and B-4G)," May 10, 1993.
--
3. Initial Study
This environmental determination is based on the attached
Initial Study, any comments received on the Initial Study
and any comments received during the public review period
for this Negative Declaration. The report reflects the
independent judgement of the City of Chula Vista.
Further information regarding the environmental review of
this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
_1AJ4~.~ ~.~~
E IRO NTAL REVIEW COORDI OR
Case No. 18-93-32
............
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APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By Lead Agency)
Background
1. Name of Proponent: City of Chula Vista
2. Address and Phone Number of Proponent: 276 Fourth Avenue. 691-5101
3. Date of Checklist: April 14. 1993
4. Name of Proposal: General Plan/Zonim! Consistency Studv
5. Initial Study Number: IS-93-32
Environmental Impacts
~
.1. Earth. Will the proposal result in: YES MAYBE NO
a. Unstable earth conditions or changes in
geologic substructures? 0 0 .
b. Disruptions, displacements, compaction or
overcovering of the soil? 0 0 .
c. Change in topography or ground surface
relief features? 0 0 .
d. The destruction, covering or modification
of any unique geologic or physical features? 0 0 .
e. Any increase in wind or water erosion of
soils, either on or off the site'? 0 0 .
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean or
any bay, inlet or lake? 0 0 .
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards? 0 0 .
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WPC NDCHECK.LST
Comments:
The proposed general plan amendments and rezoning will not be associated with soils or
geological impacts. The proposed project affects primarily previously developed parcels.
At the time acmal development or redevelopment occurs, a soils report or other technical
studies required to assess site specific soils and geology impacts will be required by the
Chula Vista Engineering Department.
2.
-
Air. Will the proposal result in:
YES MAYBE NO
a.
Substantial air emissions or deterioration
of ambient air quality?
.
o
o
b.
The creation of objectionable odors?
o
o
.
c.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
.
o
o
Comments :
The proposed general plan amendments and rezoning will result in an incremental
increase in air emissions as the result of 744 additional vehicular trips in the project
area. According to the Chula Vista Engineering Department, the projected number
of ADT generated by the project is considered to be minor (see #13
Transportation/Circulation) and will not result in a substantial impact to local or
regional air quality.
3.
e.
-
~
Water. Will the Proposal result in:
YES MAYBE NO
a.
.
Changes in currents, or the course or
direction of water movements, in either
marine or fresh waters?
.
o
o
b.
Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff?
.
o
o
,:
c.
Alterations to the course or flow or
flood waters?
.
o
o
d.
Change in the amount of surface water
in any water body?
.
o
o
Discharge into surface waters, or any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
o
o
.
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(;) ~d- L{
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f.
Alteration of the direction or rate of
flow of ground waters?
o
o
.
g.
Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of
an aquifer by cuts or excavations?
o
o
.
h.
Substantial reduction in the amount of
water otherwise available for public
water supplies?
o
o
.
i.
Exposure of people or property to water
related hazards such as flooding or
tidal waves?
o
o
.
Comments:
The proposed general plan amendments and rezoning will not have an adverse impact on
water quality. The project will not result in a significant increase.in surface runoff, since
the project consists predominantly of redevelopment of previously disturbed sites located in
an urbanized area. Water service is already available to the subareas, therefore, water supply
is not an issue. Individual redevelopment projects will be required to comply with any City
regulations governing water conservation which are in place at the time of building permit
issuance.
4. Plant Life. Will the proposal result in: ~ MA YBE NO
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, gras~. crops, and. aquatic
plants)? 0 0 .
b. Reduction of the numbers of any unique,
rare or endangered species of plants? 0 0 .
,:
c. Introduction of new species of plants into
into an area, or in a barrier to the normal
replenishment of existing species? 0 0 .
d. Reduction in acreage of any agricultural
crop? 0 0 .
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Comments:
The proposed general plan amendments and rezoning will not adversely impact plant species
or habitat. The project will be implemented in a previously developed residential
neighborhood. There are no sensitive plant species on the site. Further environmental
review may be required at the time future development is proposed to assess potential
biological impacts on a site specific basis.
-^
S. Aninial Life. Will the proposal result in: ill MAYBE NO
a. Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish ~d
shellfish, benthic organisms or insects)? 0 0 .
b. Reduction of the numbers of any unique,
rare or endangered species of animals? 0 0 .
c. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? 0 0 .
d. Deterioration to existing fish or wildlife -
habitat? 0 0 .
Comments:
The proposed general plan amendments and rezoning will not adversely impact animal
species or habitat. The project site is a previously developed residential neighborhood with
no sensitive, threatened or endangered species. Further environmental review will be
required at the time actual.development is proposed in the future to assess the potential for
impacts to wildlife or wildlife habitat.
6. Noise. Will the proposal result in: ill MAYBE 1:ill
,:
a. Increases in existing noise levels? 0 0 .
b. Exposure of people to severe noise
levels? 0 0 .
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Comments:
The proposed general plan amendments and rezoning will not cause a substantial
increase in ambient noise levels within the subareas. At the time acmal development
or redevelopment takes place, environmental review will be required to assess the
potential for site specific noise impacts from development. Due to the relatively
minor level of traffic generated, vehicular noise impacts are not anticipated to be
significant. The proposed land uses are compatible with surrounding land uses and
do not have the potential to create adverse impacts to nearby sensitive receptors.
7.
Light and Glare. Will the proposal produce
new light or glare?
YES MAYBE NO
o 0 .
Comments:
The proposed general plan amendments and rezoning will not create a significant increase
in light or glare impacts, due to the relatively minor number of additional dwelling units
allowed (68 d.u.) over the existing land use designations. .
8.
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area? .
YES MAYBE NO
o
.
o
Comments:
The proposed general plan amendments and rezoning will not have an adverse impact
on land use characteristics, since the project will bring the zoning and general plan
designations into conformity with surrounding land uses already present. The project
will not increase densities substantially beyond that which are currently allowed by
existing land use designations.
9.
Natural Resources. Will the proposal result in:
YES MAYBE NO
a.
Increase in the rate of use of any namral
resources? '
o
o
.
Comments:
The proposed general plan amendments and rezoning would impact namral.resources
such as fossil fuels, due to the increase in the number of dwelling units on the site.
However, this increase would be minor and incremental, and is found to be less than
significant.
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WPC NDCHECK.LST
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10.
Risk of Upset. Will ..the proposal involve:
YES MAYBE NO
-
a.
A risk of an explosion or the release of
hazardous substances (including, but not
limited to oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
o
o
.
b.
Possible interference with an emergency
response plan or an emergency evacuation
plan?
o
o
.
Comments:
The proposed general plan amendments and rezoning would not result in the use of any
explosives or the release of any hazardous or toxic substances. The land use designation
would not permit the development of commercial or industrial facilities which could be
associated with a risk of explosion or hazardous waste.
ie, ~ "
II.
Population. Will the proposal alter the location
distribution, density, or growth rate of the human
population or an area?
~ ~ MAYBE NO
o
.
o
Comments:
The proposed general plan amendments and rezoning could have an impact on population in
the project area by allowing an increase in the number of dwelling units beyond that allowed
according to existing land use designations. However, the proposed project will not generate
a significant increase in population and would be compatible with existing densities in the
project area. Thus, the proposed project will not be significantly growth-inducing.
c_
12.
Housing. Will the propoS'a1 affect existing
housing, or create a demand for additional
housing?
YES MAYBE NO
o
.
o
Comments:
The proposed general plan amendments and rezoning would not have a significant, adverse
affect on housing availability, nor will it create a demand for additional housing. The project
is designed to bring the general plan designation and zoning of the project site into
conformity to reflect more closely the character of existing development. The project could
result in an increase in available housing stock in ChuIa Vista. Thus, the project will not
have a significant adverse effect on housing stock in the City.
.......
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/
13.
Transportation/Circulation. Will the proposal result in:
YES MAYBE NO
a.
Generation of substantial additional
vehicular movement?
o
o
.
b.
Effects on existing parking facilities,
or demand for new parking?
.
o
o
c.
Substantial impact upon existing
transportation systems?
.
o
o
d.
Alterations to present patterns of
circulation or movement of people
and/or goods?
.
o
o
e.
Alterations to waterborne, rail or air
traffic?
.
o
o
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
.
o
o
g.
A "large project" under the Congestion
Management Program? (An equivalent of
2400 or more average daily vehicle trips
or 200 or more peak-hour vehicle trips).
.
o
o
Comments:
The proposed GPA and rezone would have an incremental effect on traffic generation. Fifth
Avenue, Broadway Avenue, and "G" Street provide primary access to the project area. Up
to 744 Average Daily Trips (ADT) would be generated with buildout of the site under the
existing R-3 zoning. This represents a worst-case scenario of traffic generation because the
R-3 zone allows a higher trip generation than the proposed project. The ADT on "G" Street
would increase from 4,320 to 5,412, the ADT on Fifth Avenue would increase from 6,180
to 6,912 and the ADT on Broadway would increase from 22,210 to 22,768. The current
Level of Service (LOS) for Fifth Avenue, Broadway, and "G" Street is "C" or better. The
LOS would remain at "C" or better after project implementation. The Engineering Division
has indicated that these roads are adequate to serve the project, and no street improvements
. or dedication would be required. At the time at which specific development is proposed, the
engineering division may require additional measures to ensure traffic impacts are less than
significant. Thus, the proposed project would not have an adverse impact on traffic or
circulation systems.
.
WPC NDCHECK.LST
Page IS
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However, the proposed action would alter the general plan designation and/or the zonmg to
bring the land use designations into conformity. The project would not increase the density
beyond that which is currently allowed under the existing R-3 zoning. A comparative
analysis of impacts to each School District indicates that a total of 23 new students will be
created with project implementation. This increase represents a 2.84 % increase overall.
City routing forms indicated that the proposed General Plan/Zoning Consistency Study would
not have a significant adverse effect on any other Public Services.
15.
Energy. Will the proposal result in:
YES MAYBE NO
a.
Use of substantial amount of fuel or
,.
energy?
o
o
b.
Substantial increase in demand upon
existing sources or energy, or require
the development of new sources of
energy?
o
o
Comments:
The proposed general plan amendments and rezoning could result in an mcrease in
energy consumption, since the project will allow an increase in the number of
dwelling units currently on the site. However, the increase will be minor and
incremental, is found to be less than significant.
.
.
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16.
Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
YES MAYBE NO
o 0 .
Comments:
As described below, the proposed project will not adversely impact any of the seven
Threshold Standards.
A. FirelEMS
The Threshold Standards requires that fire and medical units must be able to respond
to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in
75% of the cases. The proposed project will comply with this Threshold Standard,
since the General Plan/Zoning Consistency study will have no impact on response
times. The Chula Vista Fire Department requires that with any new development,
water supply to area and fire department access be provided.
B. Police
The Threshold Standards require that police units must respond to 84 % of Priority
1 calls within 7 minutes or less and maintain an average response time to all Priority
1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2
calls within 7 minutes or less and maintain an average response time to all Priority
2 calls of 7 minutes or less. The proposed project will comply with this Threshold
Standard, as the proposed General Plan amendments and rezoning will not have any
impact on Police services.
C. Traffic
The Threshold Standards require that all intersections must operate at a Level of
Service (LOS) "C"'or better, with the exception that Level of Service (LOS) "0"
may occur during the peak two hours of the day a~ signalized intersections.
Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No
intersection may reach LOS "E" or "F" during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted from this Standard~ The
proposed project will comply with this Threshold Standard.
Fifth Avenue, Broadway, and "G" Street provide primary access to the project. Up
to 720 Average Daily Trips (ADT) would be generated with buildout of the site
zoned R-3 (the land use designation with the greatest trip generation). The ADT on
"G" Street would increase from 4,320 to 5,040, the ADT on Fifth Avenue would
increase from 6,180 to 6,540 and the ADT on Broadway would increase from 22,210
to 22,750. The current Level of Service (LOS) for Fifth Avenue, Broadway, and
"0" Street is "C" or better. The LOS would remain at "C" or better after project
implementation.
WPC NDCHECK.LST
Page 17
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The Engineering Division has indicated that these roads are adequate to serve the
project. No street improvements or dedication would be required. Thus, the project
would not have an adverse impact on traffic or circulation syste~.
-0
D. Parks/Recreation
The Threshold Standard for P~ks and Recreation is 3 acresll ,000 population. The
proposed project will comply with this Threshold Standard since the proposed
General Plan amendments and rezoning will not effect parks or recreation facilities.
E. Drainage
The Threshold Standards require that storm water flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard. Existing on-site drainage
consists of surface flow along streets to the main central basin drainage channel. No
additional on-site drainage facilities will be required. Off-site drainage facilities
consist of the main centra drainage basin channel. Downstream facilities west of
Broadway are currently inadequate. However, the City Engineering Division has
indicated that this will be corrected when Project No. DR-I16, "Central Drainage
Basin Improvements" is constructed in fISCal year 1993-1994. Thus, drainage
facilities will be adequate to serve the proposed project. _
F. Sewer
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed
project will comply with this Threshold Standard. The project area is served by an
8-inch line in park~way, a IS-inch and 8-inch line in Broadway, a IS-inch and 12-
inch line in "G" Street, and a to-inch line in "F" Street. All lines lead to an I8-inch
line in "G" Street, west of Broadway. Buildout under the most intensive zoning (R-
3), would result in an increase of 17,900 gallons of liquid waste a day over the
existing sewage generation. The Engineering Division has indicated that existing
lines are adequate to serve the: proposed project.
G. Water
I The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project
will comply with this Threshold Standard. At the time development actua1Iy takes
place, applicants must agree to no net increase in water consumption or participate
in whatever water conservation or fee off-set program the City of Chu1a Vista has in
effect at the time of building permit issJ,lance. .
-.
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17.
Human Health. Will the proposal result in:
YES MAYBE NO
a.
Creation of any health hazard or potential
health hazard (excluding mental health)?
o
o
.
b.
Exposure of people to potential health
hazards?
o
o
.
Comments:
The Initial Study found that no adverse impacts to human health will be created by project
implementation.
18. Aesthetics. Will the proposal result in: YES MAYBE NO
a. The obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to public view? 0 0 .
b. The destruction, or modification of a scenic route? 0 0 .
Comments :
The proposed general plan amendments and rezoning are designed to bring existing land use
plan and zone designations into conformance with the character of existing development
within these two subareas. The project will not have an adverse impact on the visual or
aesthetic quality of the project vicinity, since the project will allow development to take place
in a manner visually consistent with the surrounding land uses.
19.
Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities?
YES MAYBE NO
o
o
.
Comments: .
The proposed general plan amendments and rezoning will take place on a previously
developed residential neighborhood, and will not impact existing recreational opportunities.
In addition, the project will not increase densities beyond that currently allowed under the
existing zoning, and thus will not result in a significant adverse effect on existing recreational
facilities.
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Page 19
( :2 - 33
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20.
e.
Cultural Resources.
YES MAYBE NO
-
a.
Will the proposal result in the alteration
of or the destruction or a prehistoric or
historic archaeological site?
.
o
o
b.
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building, structure,
or object?
.
o
o
c.
Does the proposal have the potential to
cause a physical change which would
affect unique ethnic cultural values?
.
o
o
d.
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
o
*4-.:....:b-_f.:~i::-~.:~~:i
o ... .<-'
.
Is the area identified on the City's
General Plan EIR as an area of high
potential for archeological resources?
o
o
.
-.
Comments:
The proposed general plan amendments and rezoning will take place on land which has been
previously developed and disturbed. The site is identified in the City's general plan EIR as
an area of low to moderate potential for cultural resources. The area is an existing
residential neighborhood, and is surrounded by residential and commercial development.
Therefore, the project will not adversely impact cultural resources.
21.
Paleontological Resources. Will the proposal result in the
alteration of or the destruction of a paleontological
resource?
YES MAYBE NO
o
o
.
Comments:
The proposed general plan amendments and rezoning will take place in an existing residential
neighborhood which has been previously developed and disturbed. Therefore, the project
will not adversely impact paleontological resources.
,.
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~
22.
Mandatory Findings of Significance.
YES MAYBE NO
a.
Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fIsh
wildlife species, cause a fIsh or wildlife
population to drop below self sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
.
o
o
Comments:
The proposed General Plan/zoning Consistency Study does not have the potential to adversely
impact the quality of the natural environment, reduce the habitat of fIsh or wildlife species,
or eliminate a plant or community. The project site has been previously developed and
disturbed, and contains no signifIcant biological resources. a.
b.
Does the project have the potential to
achieve short-term goals to the
disadvantage of long-term, environmental
goals? (A short-term impact on. the
environment is one which occurs in a
relatively brief, defInitive period of time,
while long-term impacts will endure well
into the future.)
.
o
o
Comments:
The proposed general pian amendments and rezoning will not acbieve short-term
environmental goals at the expense of long term goals. The project is designed to bring the
General Plan and zoning into conformance with each other, which will allow a greater degree
of consistency of development in the short and long term.
.:
c.
Does the project have impacts which are
individually limited, but cumulatively
considerable? (A project may impact two
or more separate resources where the
impact on each resource is relatively
small, but where the effect of the total
of those impacts on the environment is
significant. )
.
o
o
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Page 21
(J - 3S-
, ')-1 -'
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.
.
Comments:
The proposed general plan amendments and rezoning will not result in any significant,
adverse environmental impacts which are cumulative or growth-inducing in nature. The
project will not cause an increase in density beyond that whic~ is currently allowed.
d.
Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
o
o
.
Comments:
The proposed general plan amendments and rezoning not have the potential to harm human
beings either directly or indirectly. No impacts to human health were identified in the initial
study.
..
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Determination
(To be completed by the Lead Agency. Check one box only.)
On the basis of this initial evaluation:
. I fmd that the proposed project COULD NOT have a significant effect on the
environment. and a NEGATIVE DECLARATION will be prepared.
o I fmd that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
o I fmd the proposed project MA Y have a significant effect on the environment. and
an ENVIRONMENTAL IMPACT REPORT is required.
~,~
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Date
Page 23
WPC i'mCHECK.LST
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APPENDIX n
Case No. r~ 93.~Z-
DE MINIMIS FEE DETERMINATION
(Chapter 1706, Statutes of 1990 - AB 3158)
X It is hereby found that this project .involves no potential for any adverse effect, either
individually or cumulatively on wildlife resources and that a "Certificate of Fee Exemption"
shall be prepared for this project.
It is hereby found that this project could potentially impact wildlife, individually or
cumulatively and therefore fee in accordance with Section 711.4 (d) of the Fish and Game
Code shall be paid to the County Clerk.
~~ (I.\1,umA
Enviromne tal Review Coordinator
9-. I V . CJ.:l;J
Date
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Page 24
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BOARD OF EDUCATION
JOSEPH D. CUMMINGS, PhD.
LARRY CUNNINGHAM
SHARON GILES
PATRICK A. JUDD
GREG R. SANDOVAL
SUPERINTENDENT
LIBIA S. GIL, Ph.D.
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET · CHULA VISTA, CALIFORNIA 91910 · 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
.~-
August 11, 1993
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Mr. Bob Leiter
Planning Director
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Proposed Rezoning, Areas B-4F, B-4G
Dear Mr. Leiter:
Thank you for providing notice of the Planning Commission hearing on
the proposed General Plan AmendmenURezoning for Areas B-4F and B-
4G.
As you know, the District has opposed past City-initiated rezonings in the
central and western areas of Chula Vista for three main reasons: 1 )
amending the General Plan designations to higher densities has the
potential for increasing student enrollment and thus adversely impacting
already overcrowded District facilities in these areas, without providing full
mitigation; 2) the City, by initiating these legislative actions absent a
development proposal, pre-empts the District from requiring full mitigation
from future development as this development will not require a legislative
action; and 3) by processing these rezoning requests separately, the
General PlanlZoning Consistency project is segmented, thus preventing
quantification and analysis of the cumulative impacts on school facilities.
We have been working on a joint study with the City, Sweetwater Union
High School District and SourcePoint (SANDAG) for over a year which
will address these issues, along with identifying and quantifying new non-
residential development's responsibilities for enrollment increases, and
determining how the funds needed for facilities to serve new development
will be provided. During the last hearings on the second rezoning
application, the City stated, in a January 28, 1992 letter, the intention ''to
consider the remaining Zoning Consistency subareas as a whole, and will
perform a cumulative analysis of the environmental impacts to school
facilities resulting from the resolution of the plan/zone inconsistencies in
these areas. Additionally, the city staff will recommend appropriate
mitigation measures for these cumulative impacts, based on further
consultation with you and your staff to determine an appropriate overall
approach". A copy of that letter is attached. -{ ,
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August 11, 1993
Mr. Bob Leiter
Page 2
RE: Proposed Rezoning, Areas B-4F, B-4G
,..-.,
When the current proposal was initiated earlier this year, it was with the
understanding that any approval would be conditioned to require
participation in an existing Community Facilities District (CFD), or
participation in any future mitigation ordinance. The City Attorney later
found it not possible to include either condition, and the application is
going forward at the landowner's request. The City is processing the
request because the timeframe for completing the study and developing
an implementation measure is taking longer than originally anticipated,
and their determination that impacts to school facilities will not be
significant.
Given the above, and the fact that there is no guarantee that a school
mitigation ordinance will be adopted at least in the near term, we request
the City delay processing the landowner's request for Plan Amendment
and Rezoning until the joint study is completed and a mitigation ordinance
or other method to provide full mitigation is in place, consistent with our
agreement.
Sincerely,
-
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Kate Shurson
Director Planning, Facilities
KS:dp
CC.. Cabinet
Board of Education
Tom Silva
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CllY Of
CHULA VISTA
PLANNING DEPARTMENT
January 28, 1992
Chula vista Elementary School District
84 East "J" st.
Chula Vista, CA 91910
ATTN: Kate Shurson
~
Dear Ms. Shurson:
At the September 25, 1991 Planning commission hearing on Zoning
Consistency Study Area B-JA, located between Third Ave., Landis
Ave., "0" Street, and "E" Street, you expressed objections to the
staff recommendation to change the General Plan Designation on this
five acre area from Residential Low-Medium (3-6 dwelling units per
acre) to Residential Medium-High (11-18 dwelling units per acre).
You requested that the City perform a comprehensive environmental
review of the impacts to local school facilities from changing the
General Plan Designations in this and the other remaining zoning
consistency study areas.
It remains the staff recommendation to approve the change in
General Plan land use designation for Subarea B-J-A when this item
is heard by the city council on February 4, 1992. However, in
response to your comments, the Planning Department does intend to
consider the remaining Zoning consistency study subareas as a
whole, and will perform a cumulative analysis of the environmental
impacts to school facilities resulting from the resolution of the
plan/zone inconsistencies in these areas. Additionally, the city
staff will recommend appropriate mitigation measures for these
cumulative impacts, based on further consultation with you and your
staff to determine an appropriate overall approach.
\
..
We look forward to working with you and your staff to conduct this
cumulative analysis of school impacts, and recommending appropriate
mitigation measures to relieve these impacts.
Sincerely,
(?/ild'l*
~
Robert A. Leiter
Director of Planning
(,IJ'/(I
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276 FOUR1H AVE/CIlUlA VISTA. CALIfORNIA 919101(619) 691-5101
PLANNING COMMISSION MINUTES AND RESOLUTION
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August 25, 1993
Exce1])t from 8/25/93 Planning Commission Minutes
ITEM 1:
PUBLIC HEARING: GP A-94-01, PCZ-94-A; CITY -INITIATED PROPOSAL
TO AMEND THE GENERAL PLAN AND REZONE CERTAIN TERRITORY,
GENERALLY BOUNDED BY PARK WAY, "G" STREET, FIFTH AVENUE,
AND BROADWAY, TO RESOLVE GENERAL PLAN/ZONING
INCONSISTENCIES WITHIN THE CENTRAL CHULA VIST A
COMMUNITY.
Associate Planner Herrera-A presented the staff report, noting that a public forum had been held
on May 13, 1993, where many of the property owners in attendance had expressed their desire
to retain the existing R-3 zoning. Staff recommended that the existing R-3 Multiple Family
Residential zoning (32 du/ac) should be changed to R-3-P22 (Multiple Family Residential zoning
- 22 du/ac) and the existing General Plan designation of Medium Density Residential (6-11
du/ac) should be change~ to Medium-High Density Residential (11-18 du/ac) for Subarea B-4G.
Commissioner Ray asked if because of a single property owner's request this rezone request'was
initiated. Mr. Herrera concurred.
Commissioner Ray asked if the issues involving the schools had been resolved; the letters from
the School District indicated they had not, and that was Council's reason for not going forward
with this initially.
Mr. Herrera replied that the property owner had requested that the Council re-initiate the zoning
consistency study. At the time it had gone before Council, staff was still in process of
negotiating with the School Districts regarding the special study to be conducted. Council was
aware of the SourcePoint Study and it would be brought before them for their review and
consideration at a later date. Staff had direction from Council to proceed with this rezoning.
Commissioner Ray asked if the property owner had something pending with the City that
required resolution of this matter. Mr. Herrera said the property owner was considering
development of his property and felt that, having waited over a year, he should be able to
proceed with his proposal.
Commissioner Moot, regarding Sub-Area B-4G, questioned the recommendation to change the
area from Medium Density Residential (16-11 du/ac) to Medium High (11-18); in another
section of the report, the same area B-4G was changed from R-3 Multiple Family (32 du/ac) to
R-3-P22 (22 du/ac). Mr. Herrera explained that the ftrst was a General Plan redesignation (6-11
to 11-18 du/ac); the other was a rezoning action which would change it from R-3 (32 du/ac) to
R-3-P (22 du/ac). Assistant Planning Director Lee clarifted the difference. The rezoning to R-
3-P22 was consistent with the General Plan designation of the 11-18 range.
Commissioner Tarantino asked when the SourcePoint Study would be completed. Mr. Herrera
said the Study had not been initiated; staff was negotiating with the Chula Vista Elementary
School District regarding what the SourcePoint Study would contain and what conclusion it
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August 25, 1993
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would make. When the negotiation was completed, staff would go before Council with a report
asking them for direction to proceed with the Study.
Commissioner Tarantino asked if property owners did not keep bringing this up to Council,
would the completion of the Study be a buriling issue. Mr. Herrera replied the Study would be
conducted; it was a matter of addressing some of the issues still pending with the School District
regarding the content of the SourcePoint Study and how it would address some of the issues
pending regarding the mitigation for school facilities.
Commissioner Tarantino surmised that the School Districts were asking for more than the
annexation of the property owners who would completely demolish and rebuild into the generic
community facilities district. Mr. Herrera concurred.
This being the time and the place as advertised, the public hearing was opened.
Dan Roy Zendejas, 448 Smoky Circle, CV 91910, speaking on his own behalf and on behalf
of his parents Bulmaro and Victoria Zendejas, 536 Park Way, and his uncle A1fonzo
Zendejas, 580 Park Way, was opposed to the rezoning. He said they were ready to develop
their property but had been delayed for years. They had not addressed the issue, but had been
waiting for the City to bring up the issue and resolve this matter. They disagreed with staffs
recommendation and felt they were being downzoned. There was no incentive for them to build.
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Lupe Garcias, 516 Madrona Street, CV 91910, opposed the rezoning. She was a single-family
property owner, with apartments on the south and east sides of her property. She felt the
property would not be maintained, as the property on the south side of her home had not been
maintained. She needed to replace her fence, but to do so, she would have to build a retaining
wall because of the erosion. The, apartments on the east side had subterranean parking with
apartments on top which shadowed her house. She felt her property would be impacted, and
the property was being upzoned.
H. B. Bowlin, 567 Park Way, CV, said he owned the apartments at this address but did not
live there. When he bought the land, it was zoned R-3, and he was instrumental in getting
improvements put in. He felt the property was being downzoned. He was against it and felt
betrayed.
Ingrid Galchenko, 570 Park Way, CV, and owner of576 Park Way, said when they purchased
the property, it was R-3 zoning and that was the reason they had bought it. Without being told,
the density had been reduced. She found it very unfair because now they had property they
really didn't want, but if they sold it, they would lose. The few single-family homes did not
make any sense. Her husband had previously requested zoning back to the original higher
density than the current density.
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No one else wishing to speak, the public hearing was closed.
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August 25, 1993
Assistant Planning Director Lee explained that the reduction in density was through the General
Plan designation, which had been changed to the 6-11. Part of the reason for this study was to
try to bring the General Plan and zoning into consistency. Staff was recommending the 11-18.
The typical apartment built in the City today is approximately 17-22 units per acre. The R-3
density was on a sliding scale. The density being proposed, the zoning change to R-3-P22,
would allow these lots to be redeveloped in an apartment design. The old densities, the 32 du/ac
requires a minimum lot size of 15,000 sq. ft., and has to be all one-bedroom and studio units
to reach that density. The north side of Park Way had been done years before under the old
standards. Mr. Lee discussed the parking requirements under both scenarios.
Commissioner Moot said he was confused, because some of the speakers had talked about
downzoning and some had spoken of upzoning. On the face of it, it appeared to be an upzone.
Assistant Planning Director Lee said the confusion was because of the amendment in both the
General Plan and the rezoning in both areas. In some cases the General Plan was going up, and
the zoning itself was going down in terms of maximum density. However, it was a more
realistic density if there was consideration of how apartments were currently being developed
and the typical densities occurring.
Commissioner Tuchscher said that with the current parking requirements, landscaping
requirements, and other zoning and building ordinances, this was the realistic density scenario
for actual construction. Regardless of whether the zoning were 32 units per acre, with all the
other requirements currently in the ordinance, this zoning being recommended by staff was
reality. Mr. Lee concurred.
Mr. Lee noted that this had been discussed with the School District, and the net increase in the
number of school children was 12, if all of the properties were to build out. It was relatively
minor compared to the number of lots.
Commissioner Tuchscher asked if the "P" stood for Precise Plan. Mr. Lee answered
affIrmatively, and said that the "P" allowed the City to set a specifIc number. It would go
through the Design Review Committee, and unless there was a special requirement placed on
the "P" modifying district through the Planning Commission or City Council, there were no
additional requirements of the developer.
Commissioner Tuchscher inquired if an individual property owner wished to build more units
than currently allowed by the zoning, what would be the procedure for approval of this type of
project.
Mr. Lee said they would have to seek a rezone, and it would have to be consistent with the
General Plan. If staff's recommendation were adopted and the General Plan was set at the 11-18
range, any rezoning above R-3-P22 would also have to have a General Plan amendment
accompanying it. Those could be done concurrently with the project; however, a typical
rezoning was approximately a three-month process. The City utilizes two General Plan
amendments per year, plus one utilized by the Council. So if a General Plan amendment was
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involved, it would be a longer timeframe--more typically in the six-month timeframe. Several
projects are submitted together for General Plan amendment.
Chair Martin asked the difference in census at build-out. Mr. Herrera replied that there would
be no change in the B-4F area. For Sub-Area B-4G, there would be an increase of
approximately 68 units.
Commissioner Ray asked if there was any potential impact regarding on-street parking. Mr. Lee
said that up until four years ago, parking for apartments was set on the basis that half of the
guest spaces could be located offsite on the public street system, with credit given because of
street frontage, provided there was room. The credit for frontage was removed by the City
Council and the present Code requires a certain number of spaces per unit to accommodate
residents and guests. The current ratio is 2: 1 for two- and three-bedroom units. There is no
specific requirement for guest parking. Mr. Lee said this did not apply to planned community
zones.
Chair Martin was concerned that two speakers felt they were being downgraded in size and
asked if the community was aware of what was going on. Mr. Herrera said that a public forum
was held on May 13, 1993, and property owners were invited to attend.
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Mr. Lee stated that the speakers wanted the Commission to adjust the General Plan to be
consistent with the present R-3 zoning to go to a high density designation. After considering
the area and the mix, staff was recommending that the zoning itself be reduced down to the R-3-
P22, which was consistent with present apartment construction and typically what was being
built in Chula Vista. If lots were combined, the maximum layout of apartments may end up
with one or two less than they might under the proposed zoning. Referring to Mr. Bowlin, Mr.
Lee said he did not know if there was any other opportunity to physically add units on his
property, or if Mr. Bowlin was concerned long-term if he were to clear his property and
redevelop it. In theory, he could put more units on it with R-3 zoning.
Commissioner Tuchscher asked if the public hearing could be reopened, since staff had rebutted.
He asked if the speakers could respond.
Chair Martin reopened the public hearing.
Mr. Bowlin felt he was being downzoned, and it was unfair. He had six units on a 50x300 sq.
ft. parcel. He had sold some of his property which had been developed in apartments. Now
he was told if he wanted to tear down his units at 567 Park Way, he could only put in six units.
There were currently six units. He felt B-4F was being given top zoning because they were
already built out, and their property was being downzoned.
Mr. Lee noted for the Commission that Mr. Bowlin's property at 50x300 feet was one of the
typical problem areas that Design Review dealt with in terms of trying to determine a
configuration in terms of an apartment building and parking that worked well. It was one of the
most awkward sizes to work with because it was not wide enough for double rows of parking.
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August 25, 1993
Mr. Lee did not feel the property was set up to add units, and unless it was cleared and
combined with adjacent property, it would not work out as a practical design standpoint.
Mr. Zendejas said that in 1988 before the zoning was passed, their family did not receive any
notice. The City allowed them to build eight units; presently they would be only allowed four.
With the new revised amendment, they would be allowed six units. They wanted it rezoned
back to the higher density.
Commissioner Tuchscher asked if Mr. Zendejas had done any site study or architectural work
on the site. Mr. Zendejas said he had not on that site; but he was a homeownerlbuilder and had
an architect. Commissioner Tuchscher said that due to other ordinances on the books regarding
landscape and parking requirements, etc., regardless of zoning, the actual yield of units on the
site would be consistent with the recommendation.
Mr. Lee said that if they were building studio units, which would require less parking, it was
possible to have a higher density. Mr. Zendejas had a 13,000 sq. ft. lot; the R-3-P22 was
essentially one unit per 2,000 sq. ft., which would result in six units under the zoning category.
Regarding notification, the City revised its General Plan several years before and it involved the
entire City limits, plus the Sphere area, encompassing approximately 75 square miles. It was
noticed in the newspaper, not individual notices to individual homeowners. In retrospect, it
I
would have been better had the affected owners been notified by mail. The zoning did not
change; the General Plan itself was amended. Special attention was being paid to notifying
everyone being affected by rezoning.
Mr. Zendejas said staff was going to rezone to Medium High now; originally it was .High; and
it was basically two units less when built out to maximum density. He was also concerned about
a supplemental school tax. He did not see any incentive.
Ingrid Galchenko said she was explicitly told that the zoning had not changed; only the density.
In her case, that meant she could only build 1-112 units on her lot instead of four. In that area,
no one wants to build nice single-family homes. Regarding schools, in the apartments most of
the tenants were young people with very small children, or old people. There was hardly any
impact on the schools. She did not understand why it was initiated in the first place.
Chair Martin then closed the public hearing.
Commissioner Ray reaffirmed that the General Plan had changed, but the zoning for the area
did not; so the City was making both documents consistent. He was concerned about the school
issue being resolved with any immediacy, whether or not the rezone was approved. Was there
anything t~ make them think this would be resolved quickly?
Mr. Lee was not sure how quickly it would be resolved. He said the area being discussed was
very small in terms of the rezone; the number of units being built would be very limited; the
number of students was even less. Staff was asking that a condition be considered that would
mitigate the school impacts. Staff was not advocating that they would come back in a couple
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August 25, 1993
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of months with additional rezoning actions; they were proceeding on with the study with
SourcePoint.
Commissioner Ray asked the City Attorney to respond to what the condition meant, and his
opinion as to what the effect may be on the unresolved issue.
Assistant City Attorney Rudolf said that staff was attempting to give some legal means for the
School District so that, as a result of the constantly changing State legislation with regard to
school fees something emerges within the next year or two, this condition would perhaps enable
the City and the School District to attach some kind of requirement. This action did not require
annexation to a Mello-Roos as a condition of this rezone; the condition attempts to leave some
legal room for the School District to assert at some future time.
Commissioner Ray was confused about the enforcement of the School District's plan. Mr.
Rudolf said the condition left the City some discretion. The plan may be legal but would invite
litigation, or was legal but unfair or disproportionate, or there was another better way that was
also legal. The City was reserving the right to disapprove it.
Commissioner Ray asked if the fee would have to be negotiated by the School District with the
City prior to going to the property owner, or subsequent to going to the property owner. Mr.
Rudolf said the School District would have to come in to the City ftrst with its proposal for the
City to enact, to make it legally applicable to any pending projects.
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Commissioner Ray was unclear what would happen to the property owner. Could the property
owner ask the City what the fees would be and get a correct answer on the school fees? Mr.
Rudolf said they would get an answer that would be correct at that time, but there could be other
changes by the State or other regulatory bodies before the building permit was pulled which
could change the amount. Commissioner Ray a~ked if the property owners in the area would
be noticed for any hearings regarding those fees. Mr. Rudolf said they may be in some cases
and may not in others--probably not, it would be generic. The Study would be going on; the
report from the Study would be coming back; the results of that would be heavily reported in
the newspapers.
Commissioner Tarantino asked if the decision from the SourcePoint Study be retroactive to those
people who had already pulled building permits and had not started building. Mr. Rudolf said
it was possible; the City would enforce any appropriate legal mechanism--if it was lawful,
reasonable, and fair. He found it difficult to imagine it would be retroactive.
Assistant Planning Director Lee noted also that someone could pull building permits, then decide
they wanted to build condominiums and fIle a condominium map, which would then go through
another process. It could be subject to additional fees or annexation to a Mello-Roos through
the condominium process.
-
Commissioner Tuchscher felt this was a housekeeping issue, and did not understand the urgency
in bringing this forward prior to the completion of the Study. He asked if there was some
reason for bringing it up before the Study. Mr. Lee said the zoning consistency study itself had 3
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August 25, 1993
been going on for some time, and there was at least one request of the City Council to move
ahead in this particular area. They were anxious to develop their property. Council directed
staff to proceed with this, and they were following Council direction.
Commissioner Tuchscher wanted to know who was anxious to develop; there was no project
before them. Mr. Lee said because the General Plan and zoning was not in sync, the property
owners did not know what to develop or how to develop their plans. There was not a schedule
regarding the SourcePoint Study; if there was a specific concern by the City Council, they could
delay action on this matter until the Study was complete.
Commissioner Moot said he understood that the General Plan amendment was a drastic
downzoning that was inconsistent with what was already in the area. The Commission was
amending the General Plan to bring it up so it was more realistically in line with what was there.
Mr. Lee concurred, and said that staff was recommending a rezoning on the property which
would reduce the number of units.
Commissioner Salas felt it was important to act on the matter, because several of the citizens
had voiced their concerns that they could not make a decision on what they were going to do
with their property. The Commission was holding them up by not making a decision.
MS (RaylMoot) that based on the Initial Study and the comments on the Initial Study and
Negative Declaration, find that the proposed General Plan Amendments and proposed
rezonings will have no significant environmental impacts and adopt the Negative
Declaration issued on IS-93-32 for the General Plan/Zoning Consistency Study, Subareas
B-4F and B-4G.
Commissioner Tarantino was concerned about the impact on the schools. He said that, on the
surface, it may not look like there would be an impact on the schools; but, in the western
portion of Chula Vista, not only single families occupy the units. Extended families and
multiple families live in one apartment, which means there is an impact on the schools in terms
of the number of students that are generated. He also had a concern that if this
amendment/rezone were adopted, he did not know what real incentive there was for the City to
actively pursue the SourcePoint Study. He felt the Council would only react to public
opposition, and if this was adopted, the impetus to pursue that Study was gone.
Associate Planner Herrera noted that there were four additional existing zoning study areas to
be addressed also, and that was basically the reason for the SourcePoint Study--to address those
other areas and how they were going to impact school facilities. Staff was negotiating with the
School Districts to come to a conclusion as to how the Study was going to address some of the
issues regarding the other special study areas.
Environmental Review Coordinator Miller added that thresholds were currently in use that were
based on the numbers that were obtained from the School District. Those numbers were being
used as the threshold for analysis.
VOTE:
APPROVED 6-0-1 (Commissioner Fuller excused)
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MSC (RaylMoot) 5-1-1 (Commissioner Tarantino voted against; Commissioner Fuller
excused) to approve GPA-94-01 recommending that the City Council amend the Chula Vista
General Plan designations for Subarea B-4F from Medium Density Residential (6-11 du/ac)
to High Density Residential (18-27 du/ac); and for Subarea B-4G from Medium Density
Residential (6-11 du/ac) to Medium High Residential (11-18 du/ac).
Motion by Commissioner Ray to adopt a motion recommending that the City Council adopt an
ordinance to change the zoning on Subarea B-4G from R-3 to R-3-P22 per PCZ-94-A, subject
to condition b, as listed.
Commissioner Tuchscher asked for clarification as to the reason for excluding Condition ' a'
from the motion.
Commissioner Ray was concerned that there was nothing pushing the City to reach a mutually
acceptable agreement with the Elementary and High School Districts as a result of having
Condition 'a' included.
The motion died for the lack of a second.
MS (Moot/Ray for purposes of discussion) to approve Resolution PCZ-94-1 recommending
that the City Council adopt an ordinance to change the zoning on Subarea B-4G from R-3
(Multiple Family 32 du's/ac) to R-3-P22 (Multiple Family 22 du's/ac), subject to a precise
plan, and conditions a and b.
~
Commissioner Ray asked what Condition 'a' really meant as far as ensuring that the school issue
would be resolved and not a nebulous thing. If the property owner was told a fee, but also told
that it could be cut in half or doubled, Mr. Ray did not feel the property owner was being told
anything.
Assistant City Attorney Rudolf said the condition carried forward the City's gentleman's
agreement with the School District that it would do everything it could legally do to try to assist
them in getting fees to solve their problems. At this point, there was no legal basis to extract
school fees on this particular parcel. This was a slim attempt to give the School District a
lifeline in the future.
Commissioner Ray asked staff if the School District was aware of Condition ' a' and its wording,
and what their response was. Mr. Herrera said they were aware and agreed with the language.
Commissioner Tuchscher asked staff if a landowner brought forward a project, the School
District would have to answer the question as to fee. In the case of a specific project, the
School District would have to respond with the correct answer. If the property owner did not
agree, he/she would have to appeal to the School District. Mr. Rudolf concurred.
........."
Commissioner Tuchscher said he was sensitive to Commissioner Tarantino's concerns, but
thought it was incumbent upon the School Districts to come forward with the mechanisms.
,~- Sl,.;.
- Y'
PC Minutes
-10-
August 25, 1993
VOTE:
APPROVED 5-1-1 (Commissioner Tarantino against; Commissioner Fuller
excused)
Assistant Planning Director Lee reminded the audience that this item would go before the City
Council and that they would be receiving noti~es. The hearing date had not been set, but would
probably be in late September or early October. Associate Planner Herrera asked that any
property owner in the audience who had not received notification leave their names and
addresses with the secretary.
\ a-s:J..
-- ?~ -'
":
RESOLUTION NO. GPA-94-0l/PCZ-94-A
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
THE APPROVAL OF GPA-94-0l/PCZ-94-A: A CITY
INITIATED PROPOSAL AMENDING THE GENERAL
PLAN/REZONING THE AREA GENERALLY BOUNDED BY
PARK WAY, "G" STREET, FIFTH AVENUE, AND
BROADWAY, TO RESOLVE GENERAL PLAN/ZONING
INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA
COMMUNITY.
WHEREAS, the City of Chula Vista initiated an amendment to the General Plan and
rezoning of approximately 16.6 acres generally located between Park Way and "G" Street and
between Fifth Avenue and Broadway as part of the City of Chula Vista General Plan/Zoning
Consistency Study for the area identified as Subareas B-4F and B-4G in Central Chula Vista,
and
WHEREAS, the Planning Director set the time and place for a hearing on said rezoning
application and notice of said hearing together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to property owners within 1000
feet of the exterior boundaries of the properties at least twenty one days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
August 25, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission found that the project would have no significant
environmental impacts and adopted the Negative Declaration and addendum issued on IS-93-32,
and
NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the
Planning Commission, the Commission has determined that the amendment to the General Plan .
is in keeping with the goals and objectives of the General Plan for the Central Chula Vista
Community and that the rezoning is consistent with the Chula Vista General Plan and that public
necessity, convenience, general welfare and practice support the proposed General Plan
amendment and rezoning.
. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the Draft Resolution attached hereto amending the General Plan Land
Use Designation from Medium Density Residential (6 to 11 du's/acre) to High Density
Residential (18 to 27 du's/acre) for Subarea B-4F and to Medium High Density Residential (11
to 18 du's/acre) for Subarea B-4G, as shown on Exhibits "A" and "B" attached thereto
,\~ -.53
/?1/
.-
--
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the Draft Ordinance attached hereto to rezone the subject property
from R-3 (Multiple Family Residential 32 du's/acre) to R-3-P22 (Multiple Family Residential
22 du's/acre and subject to a precise plan) for the area as shown on attached Exhibit "C"
attached thereto
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 25th day of August, 1993, by the following vote, to-wit:
AYES:
Martin, Moot, Ray, Salas, Tuchscher
NOES:
Tarantino
ABSENT:
Fuller
.-.
Thomas A. Martin, Chairman
Planriing Commission
ATTEST:
Nancy Ripley, Secretary
(Reso/GP A-94-Q l/PCZ-94-Alfjh-a)
-.
~'
-~
\2 ~I$a
10> . 5'1
RESOURCE CONSERVATION COMMISSION MINUTES
1~553
. 4820682
EXPRESS SECRETARIAL
802 P02 OCT 05 '93 09:43
"
I'! ~"..~I'!,""-"~~I'J~!!1 1.\ L l
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......, w.. -:; .. .:;, .:& ~ 'r& iLi\j ~ ... "
MINUTES OF A SCHEDULED REGULAR w:J:.1"ING
Resource Conservation Commission
ChuIa Vista, California
6:00 p.m.
Monday, September 20, 1993
Conference Room #1
Public Services BuUdina
CALL MEETING TO ORDER/ROll CAlL: Meeting was called to order at 6:07 p.m. by
Chairman Kracha. Staff person Barbara Reid, called roll. Commis$ioners present: Hall,
Kracha, Ghougassian, Myers, Burrascano, Guerreiro. It was MSUC (HallIBurrascano) to not
excuse Commissioner Johnson from meeting until hearing from Staff Secretary.
APPROVAL OF MINUTES: It was MSUC (HalVBurrascano) to approve the minutes of the
meettna of July 26, 1993; 6-0.
NEW BUSINESS:
1. Chairman Kracha introduced Michael Guerreiro as the new member to the RCC.
2. Discussion and Review of Negative Declaration 15-93-43, was moved up on the agenda
as the rust item. The widening of East "H" Street for mitigation was explained by Craig
Fukuyama of Rancho Del Rey Partnership. Ouerreiro commented on the replanting of
ornamental shrubs as negative impacts and disagreed with the taking of natural habitats.
He further objected to the continual widening of East -H- Street for mitigation measures.
Staff Reid explained the process of the Section 10(a) permit. After a brief discussion,
it was moved and seconded (HallIGhougassian) to accept the negative declaration subject
to the Federal Section 10(a) permit. Vote 4-2 (nos: MyerslGuerreiro); motion passed.
3. Review of Negative Declaration 18-93-32, General Plan Conformance. Hall and Myers
objected to the negative impact to already overcrowded schools in the subject area.
Ghougassian suUested the school district and city are not in agreement reaarding this
issue. Myers further suJlested to tonve.rt the area to senior housing development rather
than multi-family residential, which would impact schools and parks. Followina
discussion, it was MSUC (GhoupssianlHall) to remand this negative declaration back
to staff to work with the school district on mitigation and 81ree to the satisfaction of the
ICbool district; motion passed 6..().
It was requested that at some time in the future Staff show a breakdown of public facilities by
park, city requirement and ItatuS.
STAFF REPORT: None
J,;j "
??1./
./
.4820682
EXPRESS SECRETARIAL
802 P03 OCT 05 '9~ 09:43
.
.
Resource Conservation Commission
Pale 2
-
CHA.tRMAN'S COMMENTS:
Chair lCracha announced Athena Bradley has ndocated to Knoxville, Tennessee. He also
requested Staff write a letter of thanks and to commend her for environmental efforts to the City
of Chula VlSta.
Chair JCracha sullested that acc be a more proactive poup. As such, members should make
notes for future discussion and recommendation to the City tor improvement of the environment.
An example Ghoupssian has luUested in the past is the use of a1t.cmative fuel for city vehicles.
It was requested that Doug Reid find out about the CEQA class, espec;ally since most of the
RCe members are new.
Staff was reminded to put on the next lIenda the Election of Officers. Also, Kracha asked to
be excused for the October 11th meetin&.
COMMISSIONER'S COMMENTS:
Michael Guerreiro shared some information about himself and his concerns as a Resource
Conservation Comm;~ioner.
-,
Bumscano shared she had bad fee1inis on the approval of the neiative declaration as it ndates
to inatcat.chers. She noted other species are also on the Environmental Watch list.
Myers asked if the minutes can be sent out earlier for adequate time to review prior to meetin,s.
She also requested that the meeting be moved to a later time-perhaps 6: 15 or 6:30.
Hall noted that parks are sometimes overlooked when discussin, impacts to areas.
GhOUlwian asked to be excused for the month or October due to campaigning_
ADJOURNMENT: The meetinl was adjourned by Chairman ICracha at 7:26 p.m.
Respedtu11y submitted,
EXPRESS SECRETARIAL SERVICES
~~
...-..."
"~- 5'9-
JD/
/
ORDINANCE NO.~
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE
CHULA VISTA MUNICIPAL CODE REZONING 9.7 ACRES LOCATED
BETWEEN PARKWAY, "G" STREET, FIFTH AVENUE, AND BROADWAY
WHEREAS, a duly verified application for a rezoning was filed with the Planning
Department by the City of Chula Vista on July 23, 1993; and,
WHEREAS, said application requested that the 9.7 acres located between Park
Way, "G" Street, Fifth Avenue, and Broadway, known as Subarea B-4G (see Exhibit A) to be
rezoned from R-3 Multiple Family Residential (32 du's/acre) to R-3P22 Multiple Family
Residential (22 du's/acre with precise plan); and,
WHEREAS, the Planning Commission held a public hearing on August 25, 1993
and voted 5 to 1 recommending that the City Council enact an ordinance to rezone said property
to R-3P22 (Multiple Family Residential); and
WHEREAS, the City Council set the time and place for a hearing on said
rezoning application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 1000 feet of the exterior boundaries of the property at least ten days prior to the hearing;
and,
WHEREAS, the hearing was held at the time and place as was advertised, namely
6:00 p.m. October 12, 1993 in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was hereafter closed; and,
WHEREAS, the Environmental Review Coordinator has concluded that there
would be no significant environmental impacts and recommends adoption of the Negative
Declaration issued on IS-93-32.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby
find, determine, and ordain as follows:
I~A -I
SECTION I:
SECTION II:
SECTION III:
SECTION IV:
SECTION V:
Presented by
Environmental.
The City Council finds that the project would have no significant
environmental impacts and adopts the Negative Declaration issued on IS-
93-32.
Findings.
The City Council finds that the rezoning is consistent with the City of
Chula Vista General Plan as amended concurrently with this action and
that the public necessity, convenience, general welfare, and good zoning
practice support the rezoning to R-3P22.
Conditions of the P Modifier.
All existing non-conforming uses created as result of this action shall be
allowed to be reconstructed in the event of destruction of greater than
sixty percent of the property's improvement subject to review and
approval by the Planning Commission.
The City Chula Vista shall enforce any appropriate legal mechanism
sponsored by the Chula Vista Elementary School District and the
Sweetwater Union High School District, as may be approved by the City,
to mitigate impacts to school facilities.
Rezoning.
Section 19.18.010 of the Chula Vista Municipal Code (being the zoning
map) is hereby amended to rezone the Property to R - 3P22 "Multiple-
Family Residential" as shown on Exhibit A attached hereto.
This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Ii <..:
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
F: \home\planning\ord-94-1
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EXHIBIT - A
CASB lfOMliBR:
I HEREBY CERTIfY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
BY THE CllY COUNCIL ON
ACRBAGB:
SCALB:
111 = 200'
OATB:
CHBCltBO BY:
8-18-93
C. FERNANDEZ
F. HERRERA-A
CITY CLERK
DATE
DRAWN BY:
(!)
ZONING MAP
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01Y Of
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NORTH
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RESOLUTION NO. 17 ~ 7.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING GPA-94-01: A CITY
INITIATED PROPOSAL AMENDING THE GENERAL
PLAN, FOR THE AREA GENERALLY BOUNDED BY PARK
WAY, "G" STREET, }'lJ1Tl'H AVENUE, AND BROADWAY,
TO RESOLVE GENERAL PLAN/ZONING
INCONSISTENCIES WITHIN THE CENTRAL CHULA
VISTA COMMUNITY.
WHEREAS, the City of Chula Vista initiated an amendment to the General Plan and
rezoning of approximately 16.6 acres generally located between Park Way and "G" Street and
Between Fifth Avenue and Broadway as part of the City of Chula Vista General Plan/Zoning
Consistency Study for the area identified as Subareas B-4F and B-4G in Central Chula Vista,
and
WHEREAS, said proposal would provide consistency between the zone and General Plan
within both subareas through the General Plan Amendment, and
WHEREAS, the Planning Commission held a public hearing on August 25, 1993 and
voted 5-1 to recommend that the City Council approve the General Plan Amendment in
accordance with Resolution GPA-94-01; and
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 1,000 feet of the
exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
October 12, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, the City
Council hereby finds that the project will have no significant environmental impacts and adopt
the Negative Declaration and Addendum issued on IS-93-32.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby
finds that the General Plan amendment is in keeping with the goals and objectives of the General
Plan for the Central Chula Vista Community and public necessity, convenience, general welfare
and sound planning practice support the proposed General Plan amendment.
/018"/
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL does here by
amend the Land Use Designations, and corresponding sections of the Land Use Diagram, for
the Land Use Element of the General Plan for that portion of subarea B-4F as shown on Exhibit
A, from a Land Use Designation of Medium Density Residential to a designation of High
Density Residential, and for Subarea B-4G as shown on Exhibit B from a Land Use Designation
of Medium Density Residential to a designation of Medium High Density Residential,
Q
C"-/Iv / ""
Presented by
Robert A. Leiter
Director of Planning
F: \homelplanningl94-RESl
J~ ..~.. CJ-
EXISTING AND PROPOSED GENERAL PLAN DESGINA TIONS AND ZONING
EXISTING PROPOSED
GENERAL PLAN GENERAL PLAN
EXISTING
ZONING
PROPOSED
ZONING
SUBAREA
8-4- F
MEDIUM DENSITY HIGH DENSITY
RESIDENTIAL RESIDENTIAL
R-3
NO CHANGE
SUBAREA
8-4-G
MEDIUM DENSIIT MEDIUM-HIGH
RESIDENTIAL DENSIIT
RESIDENTIAL
R-3
R-3-P-22
LOW DENSllY RESIDENTIAL
LOW-MEDIUM DENSllY RESIDENTIAL =
MEDIUM DENSllY RESIDENTIAL
MEDIUM HIGH DENSIlY RESIDENTIAL
HIGH DENSllY RESIDENTIAL
3 D.U. PER GROSS ACRE
3 - 6 D.U. PER GROSS ACRE
= 6 - 11 D.U. PER GROSS ACRE
= 11 - 18 D.U. PER GROSS ACRE
= 18 - 27 D.U. PER GROSS ACRE
=
TABLE - I CASB NtlMBBR: QPA-94-01 ~~~
C9 PCZ-94-A
SCALB: NORB -.-
EXISTING AND PROPOSED ~~
DATB: 10-4-93 -
em Of
GENERAL PLAN DESIGNATIONS & ZONING DRAWN BY: C. PBRNANDBZ CHUlA VISTA
PlANNING
NORTII CHBCKBD BY: P. HBRRBRA-A DEPARTMENT
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C9 . EXHIBIT-A
GENERAL PLAN / ZONING CONSISTENCY
STUDY: SPECIAL STUDY AREA 8-4
NORIH PROJECT AREA BOUNDARY: Subarea B-4F
1dl.J3 -- if
CA.a lIUICIIaR: GPA-'''-Ol ~{~
pcz - "'-A
8C1.La: 1- . 200' ,~
DATa: 10-"-13 mY Of
DRAWN BY: C. nllHARDu 0tU.A VISTA
PlANNING
CHaCltm) BY: P. DRRaRA-A DEPARTMENT
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EXHIBIT - B CAS. 1IUIIIl. R I GPA-'.-01 ~{~
(!) PCZ-U-A
GENERAL PLAN / ZONING CONSISTENCY .~l 1- . :aoo' ~
STUDY: SPECIAL STUDY AREA 8-4 DIonl 10-.-n em Of
DRIoW BY I C. P.IlRUID.Z QUA VISTA
PROJECT AREA BOUNDARY: Subarea B-4G PlANNING
NOR1H CH.c:Jt.D BYI P. .....RIo-A DEPARTMENT
COUNCIL AGENDA STATEMENT
Item ) ~
Meeting Date 10/12/93
ITEM TITLE:
PUBLIC HEARING:
Concerning the Comprehensive Housing
Affordability Strategy
REPORT
Describing the Comprehensive Housing
Affordability Strategy
SUBMITTED BY:
Community Development Director C;.;S.
City Manager04 ~~
(4/5tbs Vote: Yes _ No X)
REVIEWED BY:
BACKGROUND: The National Affordable Housing Act of 1990 requires all jurisdictions
applying for funding from the Department of Housing and Urban Development to submit a
Comprehensive Housing Affordability Strategy (CHAS). The CHAS is a planning document
which identifies the City's housing needs and outlines a strategy to meet these needs.
RECOMMENDATION: That the City Council open the public hearing and continue the public
hearing to the meeting of October 19, 1993.
[C :\WP51 \COUNCIL\113S\CHAS-93A.RA4]
[BEN:\CHASDISK\CHAS-93.RA4]
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ATTORNEY OR PARTY WITHOUT ATTORNEY(Name and Address):
OVeJle Mohr
5~O 3)' 0-r #G
Ch-u/Ci., 1//5/z;, ~~ Cj(7/(j
TELEPHONE NO:
FOR COURT USE ONL Y
4J0.:L
-
ATTORNEY FOR (Name):
BAR.
F. KEN~ETH \ M E D
CIArl, _, '". <__ARTD!,E
--',0+
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
~ FAMILY COURT BUILDING, 1501-55 SIXTH, SAN DIEGO, CA, 92101-1946
o NORTH COUNTY BRANCH, 325 S. MELROSE, VISTA, CA, 92083-6627
o EAST COUNTY COURT, 250 E. MAIN, EL CAJON, CA, 92020-3913
PLAINTIFF/PETITIONER: ~e.J e
DEFENDANT/RESPONDENT: 0l U \ z....
ORDER TO SHOW CAUSE FOR OMODIFICATION
o Child Custody 0 Visitation 0 Injunctive Order
o Child Support 0 Spousal Support h specify):
o Attorney Fees and Costs
Sa> 1 ~ 1993
8y: JAN/lit 1\. I\/IIJA/Vt '
FAMIL y COUR~t;JJlIlJ
CASE NUMBER:
D 34(o~5 g
1. TO (name): J uUl't:( Lo p e""2-
2. YOU ARE ORDERED TO APPEAR IN THIS COURT AS FOllOWS TO GIVE ANY lEGAL REASON WHY THE RELIEF SOUGHT IN
THE ATTACHED APPLICATION SHOULD NOT BE GRANTED if child custody or visitation is an issue in this proceeding, Civil Code
section 4607 requires mediation before or concurrently with the hearing below.
a. date:
. - 0 7 1993
8:115.A..:M.
DEPT-:fi'-l';
at the address noted above
3. IT IS FURTHER ORDERED that a completed Application for Order and Supporting Declaration, a blank Responsive Declaration, and
the following documents shall be served with this order:
(1) 0 Completed Income and Expense Declaration and a blank Income and Expense Declaration
(2) OCompleted Property Declaration and a blank Property Declaration
(3) 0 Points and authorities
(4) OOther (specify):
a. 0 Time for 0 service
(date):
b. 0 You are ordered to comply with the temporary orders attached. ,A
c. 0 Other (Specify): SEP 2 S 'P1~
4. WThe p,<!rties ar order 0 meet with the Conciliation Counselor on fIJ ..
at ! ~ -.mJP.m.), or at such other time as the counselor may direct.
The location and telepone number for the appointment is:
R!'1501 Sixth Ave. 0325 S. Melrose 0250 E. Main
, '\san Diego, CA Vista, CA EI Cajon, CA
236-2681 940-4433 441-4387
o hearing is shortened. Service shall be on or before
~ <..
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LX'
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WESlEY R. MASON
Date: SEP 1 6 i993
JUDGE OF THE SUPERIOR COURT
Notice: if you have children from this relationship, the court is required to order payment of child support based
on the income of both parents. The amount of child support can be large. It normally continues until the child
is 18. You should supply the court with information about your finances. Otherwise the child support order will
be based on the information supplied by the other parent.
You do not have to pay any fee to file responsive declarations in response to this order to show cause (including
a qompleted Income and Expense Declaration that will show your finances). The original of the responsive
declarations must be filed with the court and a copy served on the other party at least five court days before
the,hearing date.
Form Adopted by Rule 1285
Judicial Council of California
1285"Rev. July 1. 1985)
SUPCT O-a(Rev. 7-aS)
ORDER TO SHOW CAUSE
(Family Law)
U~~ - 1-
Gov. Code, ~ 26826
Civil Code. ~ ~ 4359, 4370. 4455.
4801. 4809
MARRIAG,E OF (last name, first name of parties) :
CASE NUMBER:
-oe\\e
b. 0 Petitioner 0 Respond t
while the order is in ef ct:
Debt
TEMPORARY RESTRAINING ORDERS
( amily law)
5.0
a.
n the exclusive temporary use, possession, and control of the following
ying (specify):
i ordered to make the following payments on lien's and 'entumbrances coming due
Pay to
6. g..MINOR CHilDREN ~
a. Neither party shall remove the minor child or ch,ildren of the parties. . . ~/
(1) ~rom the State of california., .V~I-,1 doJ-~ (!:? f\.~(!Ut~ ;:::.. ,T. ~:i ~
(2) ~other (specify): 5.-..01~.:' ( ~'- " '\ . . / f-.x-!5 r-c--r--{j iL.-
~(I,2.S.~L ~!-A-~, ~~U-.J&~U-~f~"'rk~l-rSe'~'
- 0 b. etitioner ResribRdent shall have the temporary physical cu!todY, care, and control 0 . . dren of
s, other pa visitation as
7, By the close of business on the date of this order, a copy of this order shall be delivered by the protected person to the law
enforcement agency having jurisdiction over the residence of the protected person, who shall provide information to assist in
identifying the restrained person. Proof of service of this order on the restrained person shall also be provided to the law enforce-
ment agency. The law enforcement agency having jurisdiction over the plaintiff's residence is (name and address of agency):
8, ~ A copy of this order shall be given to the additional law enforcement agencies listed below as follows:
a. ~Iaintiff shall deliver. b. 0 Plaintiff's attorney shall deliver. c. 0 The clerk of the court shall mail.
Law enforcement agency Address
SAN DIEGO COUNTY MARSHAL'S OFFICE
r@', 220 W. BROADWAY, SAN DIEGO, CA 92101 S 250 E. MAIN, EL CAJON, CA 92020
T 500 THIRD, CHULA VISTA, CA 92010 9V325 S. MELROSE, VISTA, CA 92083
9. This order is effective when made. The law enforcement agency shall enforce it immediately upon receipt. It is enforceable any-
where in California by any law enforcement agency that has received the order, is shown a copy of it, or has verified its existence
on the California Law Enforcement Telecommunications System (ClETS). If proof of service on the restrained person has not
been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it.
10, 0 OTHER ORDERS (specify):
11. These orders expire on the date of the court hearing unless extended by the court.
Date:
I~ ~ 73
~~~~
< JUDGE OF THE SUPERIOR COURT
OCT 0 7 i993 CH RISTlNE VETTER PATE
12. The date of the court hearing is (insert date when known):
CLERK'S CERTIFICATE
The foregoing is a full, true and correct copy of the original on file in this office.
KENNETH E. MARTONE
LERK OF THE SU lOR COURT
Date:
.",.)
'.... ~_J .1 "0 ;~ (,,',j
By
Page two
1285.05 [Rev. July 1. 19921
SUPeT Q.16(Rev. 7.92)
TEMPORARY RESTRAINING ORDERS
(Family law)
O/'UJ.J2 l)o~ - d--
~I/\GE OF: sbeUe.__h_ &_. JCtOfe(___UH ___J-yO_c ~n___._
pl:;r;i'I;lONFH I S FIl{ST (~ESPON[)ENT 'S 1-'116'1' lAST NAMJ':
~1.
k3.
RESTRAIN!' 00 PffiS(N\L CXNXX:T
QuUCtJ.C_ .ldJpe.1-*rC11T t'-10LES'I' OR DlSTUm3 TilE PE/\Cl': CW Till': CJl'IlJJ~
P/\RTY N/\ME
Pi\R'I'Y OR PERSONS UNDl:1~ THE CAEE, CUS'IDDY OR CONTROL OF THE OTI-lER
PARTY UNLESS RESTRAINrill /\ND ENJOINED BY THE COURT F1~CM SO COING.
PERSON ( S) UNDER THE CARE OF THE MOVING PARTY ARE
STAY AWN{ ORDffiS
PETITIONER~PONDfYr VACA.TED THE RESIDENCE OF PET IT IONER/RESPONDEI\"l'
ON ~ AND PAS HAD A SEPARATE RESIDENCE SINCE THAT TIME. OR,
DATE
IN THE ALTERNATIVE, PETITIONER/RESPONDENT HAS NEVER RESIDED AT THE
RESIDENCE OF THE PETITIO~"ER/RESPONDENT.
( ) 4a . PROPERlY RESTRAINl'
PETITIONER/RESPONDENT MIGHT TRANSFER, ENCUMBER, HYPOTHECATE, CONCEAL
OR DISPOSE OF PROPERTY, REAL OR PERSONAL, WHEI'HER COMMUNITY, QUASI-
COMMUNITY OR SEPARATE UNLESS HE/SHE IS RESTRAINED AND ENJOINED BY THE
COURT FRCM SO GOING, EXCEPT IN THE USUAL COURSE OF BUSINESS OR FOR THE
NECESSITIES OF LIFE.
() 4b, PETITIONER/RESPONDENT MIGHT CASH, BORRCM AGAINST, CA.NCEL, TRANSFER,
DISPOSE OF OR CHANGE THE BENEFICIARIES OF, ANY INSURANCE OR OI'HER
COVERAGE INCLUDING LIFE, HEALTH, AtJ'JU1OBILE AND DISABILITY HELD FOR
THE BENEFIT OF THE PARTIES OR THEIR MINOR CHILD/CHILDREN.
( ) 4c. PETITIONER/RESPONDENT MIGHT INOJR DEBTS OR LIABILITIES, OTHER T'rlAN IN
THE ORDINARY COURSE OF BUSINESS, OR FOR THE NECESSITIES OF LIFE, AND
SHOULD BE ALWWED TO INCUR DEBTS ONLY ON HIS/HER CMN BEHALF.
() Sa. ffiOPERlY a:NmOL
PETITIONER/RESPONDENT HAS REGUlARLY BEEN THE PRD1ARY DRIVER OF THE
THE OTHER PARTY HAS RffitJLARLY BEEN THE DRIVER OF
( ~ 6a .
YEAR/MAKE
ANOTHER CURRENTLY OPERATING MOI'OR VEHICLE,
YEAR/MAKE
PETITIONER~POND~ MIGHT REMOVE THE MINOR CHIID~~ FRCM THE
JURISDICTION OF THE COURT UNLESS RESTRAIt-..TED MTD ENJOINED BY THE COURT
FRO\1 SO GOING.
I Da:Ll\RE, lJNDEn. PENALTY OF PERJURY, ~ 'IHE LAWS Of' THE srATE OF
CALIFORNIA THAT 'IW-: FOHHDIN:; DErU\HJ\TIONS IN SUPPORT OF RFQJESTED
TEMPORJ\RY RESTRAININ; OODF.1~, ARE '!RUE /\NO (ll~~ II If A
!WI,[: m. .cr.I-/61.("(2... SIGN,WUm: ,-~l1J0b4
DR_' AHJ\'l'H~ I N Sf nll1()f~I' OJ.' TI'MR1RJ\HY m'~J'RJ\ fNT~ rnf)EP~
OAtJ? Co~.- 3~-
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A1 I'ORNEY OR PARTY WITHOUT ATTORNEY 1- and AddfN#J:
JOELLE L. LOPEZ
C/O LEGAL AID SOCIETY OF
110 SOUTH EUCLID AVENUE
SAN DIEGO, CA 92114
TElEPHONE NO.:
(619) 262-5557
SAN DIEGO, INC.
FOIt COUlrT U. OM.Y
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CX1501 -55 Sixth 0 325 S. Melrose 0 250 E. Main
San Diego. CA Vista. CA EI Cajon, CA
92101 - 1946 92083-6627 92020-3913
MARRIAGE OF
PETITIONER:
Q ~ .~ ru'
R KENNETH E. MAl1TO~!E ~
\.f f +h ~tl...~f"); \.;"JurT
ClerK 0 ..' ," .' . . .
ATTORNEY FOR (fq"",):
NO\} 2;) 1992
By: P. SE8C. Oeputy
JOELLE L. L'OPEZ
RESPONDENT:
JAVIER LOPEZ
JUDGMENT
LXI Dissolution D Legal separation D Nullity
D Status only
D Reserving jurisdiction over terminafon of marital status
Date marital status ends: -' 8 0-
CASE NUMBER:
D 346258
1. This proceeding was heard as follows: D default or uncontested [iJ by declaration under Civil Code, ~ 451' D contested
1 . .', ~
a. Date: ,'",--'0 ~_ :.... _ Dept.: Rm.:
b. Judge (name): r."';::;:' .". .., . ..-----, ~D Temporary judge
c. D Petitioner pre~e'ntI"'court"--" ---O:Attomey present in court (name):
d. D Respondent present in court D Attorney present in court (name):
e. D Claimant present in court (name): D Attorney present in court (name):
2. The court acquired jurisdiction of the respondent on (date): 6/30/92
[XJ Respondent was served with process D R~spondent appeared
3. THE COURT ORDERS. GOOD CAUSE APPEARING:
a. rn Judgment of dissolution be entered. Marital status is terminated and the parties are restored to the status of unmarried persons
(1) [X] on the following date (specify): / Ij- J;; b -4 r .
(2) D on a date to be determined on no~ motion of ei!t,er party or on stipulation.
b. D Judgment of legal separation be entered.
c. D Judgment of nullity be entered and the parties are declared to be unmarried persons on the ground of
(specify):
4. THE COURT FURTHER ORDERS:
a. Jurisdiction is reserved to make other and further orders necessary to carry out this judgment.
b. CXJ Wife's former na;"e be restored (specify): JOELLE L. MOHR
c. D This judgment shall be entered nunc pro tunc as of (date;':
d. D Jurisdiction is reserved over all other issues and all present orders remain in effect except as provided below.
e. Any payment for spousal or family support contained in this judgment shall terminate upon the death of the payee unless
otherwise provided.
f. [X] Other (specify): SEE ATTACHMENT "A" TO JUDGMENT OF DISSOLUTION
5. Number of pages attached: ( #
)
[X] Signature follows last attachment
- NOTICE -
\1. Please review your wiI. Insurance poIcies. retirement benefit plans. and other matters you may w.-rt to dw1ge in view of the dissolution
or annulment of your marriage. ending your marriage may automaticaUy change a disposition made by your wil to your former spouse.
2. A debt or obligation may be assigned to one party as part of the division of property and debts. but If that party does not pay the
debt or obligation. the creditor may be able to collect from the other party.
3. If you fail to pay any court-ordered child support. an ..signment of your wages win be obtained without further notice to you.
Form Adopted by Rule 1287
Judicial Council of California
1287 IRev. July 1, 19851
JUDGMENT
(Family Law)
SUPCTD-18(REV.I-8S)
Civil Code. 54514
)aP
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I
ATTORNEY OR p,.RTY WITHOUT ATTORNEY IN_ end AddrnsJ : TELEPHONE NO., FOIl COURT USE ONlY
JOE'LLE L. LOP3Z (619) 262-555'7
~C/O LEGAL AID SOCIETY OF SAN DIEGO, INC.
110 SOUTH EUCLID AVENUE
SAN DIEGO, CA 92114
ATTORNEY FOR IN_I: PETITIONER IN PRO PEiAR,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO [F n \!, rn [ill
IX 1501.55 Sixth D 325 S. Melrose D 250 E. Main KFNNETH E, MARTONE
San Diego, CA - Vista, CA EI Cajon, CA C1~~ "3 +~., q.~H::!:p.rior Court
92101-1941 92083-6627 92020-3913 NeV 2 5 1992
PETITIONER/PLAINTIFF: .,~y LEG/-\L AID ~;O(;.:::
JOELLE L ..~;GQP
. By p SEBO. Deputy
RESPONDENT/DEFENDANT: JAVIER LOPEZ
CASE NUMBER:
WAGE AND EARNINGS ASSIGNMENT ORDER
o Modification rn Child Support o Spousal or Family Support D 346258
TO THE PAYOR: This is a court order. You must withhold a portion of the earnings of (obligor's name and Social Security number) :
JAVIER LOPEZ 267-29-8516
and pay as directed below. (An explanation of this order is printed on the reverse.)
THE COURT ORDERS YOU TO
1. Pay part of the earnings of the employee or other person ordered to pay support as follows:
a. [XJ $ 3 8 0 . 0 0 per month current child support. d. 0 $
b. 0 $ per month current spouaaI support. e. 0 $
c. 0 $ per month current family support. f. 0 $
per month child support arrearages.
per month spouaaI support arrearages.
per month family support arrearages.
g.O $
per month attorney fees, until the total of: $
has been paid.
2. m The payments ordered under items 1a, 1b, and 1c shalllJe paid to (name, address): DEP?RT~.1ENT OF REVEND'C P.UD
RECOVERY, COLLEC'I'IONS DIVISIm:, 2.0. BOX,S:'.N DIEGO, CA. 92112
3. 0 The payments ordered under item 1d, 1e. and 1f shall be paid to (name, address):
4. 0 The payments ordered under item 19 shall be paid to (name, address):
-
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III
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S. The payments ordered under item 1 shall continue until further written notice from payee or the cou~
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6. 0 This order modifies an existing order. The amount you must withhold may have changed. The e~ting or
effect until this modification is effective. g ~1
7. This order affects all eamings payable beginning as soon as possible but not later than 10 days after ysu r~v it.
. e ~
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c:
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r contMues in
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8. Give the obligor a copy of this order within 10 days.
l( ,--'-J
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9. c==J Other~pecffy):
""
c.~.
c.:
c.~
I",
As of (date)
c.
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THE COURT FINDS the total arrearage to be as follows:
Amount
.-
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"-'
10. a. 0 Child support:
~ c==J Spousal support:
c. 0 Family support:
THOMAO \"-'--'r-
;:) A.:.,;,,;, ',..z: ':i nr !"n'
'_- "'\...:t.-":'.J.lJ"'2L.lJ.
Date:
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JUDGEOFTHESU~ORCOURT
(See reverse for information and instructions)
Form Adopted by Rule 1285.70
Judicial Council of Califomie
1285.70 (Rev. July 1. 1991)
WAGE AND EARNINGS ASSIGNMENT ORDER
(Family Law-Domestic Violence Prevention-Uniform Parentage)
Civil Code, , 4390
Code of Civil Proc:.du.e, I 708,031
15 U.s.c. U 1872-1673
C\
Un 1
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SUPCT D-S.(REV.7..I)
1 Attachment "A" To Judgment of Dissolution
2 Case No. D 346258
31 Petitioner: JOELLE L. LOPEZ
4
v.
5 Respondent: JAVIER LOPEZ
6
7
8
9
I.
FOUNDATIONAL FACTS
10 The parties were married on December 3, 1986, in San
11 Diego, California and separated on February 25, 1990, in San
12 Diego, California. From marriage to separation, a period of 5
13 years and 1 month transpired. They have 2 minor children:
14
DOMINIQUE D. LOPEZ, born July 8, 1986; and
15
ALICIA L. LOPEZ; born November 3, 1990.
16
17
II.
181
1 9 I
CUSTODY AND VISITATION
A.
SOLE LEGAL CUSTODY
20
21
22
23
24
25
26
27
28
Sole legal custody of the minor children is awarded to
Petitioner. Sole legal custody means that the right and
responsibility to make decisions relating to the health,
education, and welfare of the minor children belongs to
Petitioner.
SOLE PHYSICAL CUSTODY
B.
Sole physical custody of the minor children is awarded
to Petitioner, with reasonable rights of visitation to
Respondent. Sole physical custody means that the minor
2DssLopez/lt
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1 children shall reside with and under the supervision of one
2 parent, subject to the power of the court to order visitation.
3
4
C.
REASONABLE VISITATION
1. Reasonable visitation rights are awarded to
5 Respondent with the minor children. Respondent shall give
6 Petitioner 48 hours' notice of his intention to exercise
7 visitation.
8
2.
The dates and times of the visitation to be
9 mutually agreed upon between the parties.
10
3. Visitation is denied if Respondent is under the
11 influence of drugs, alcohol, and/or any other illegal stimulant
12 or depressant.
13
4. Failure to give notice or make confirmation as to
14 the intention to exercise visitation rights shall be deemed as
IJ intent not to exercise visitation rights.
J6
5. Respondent shall not remove the minor children out
J7
of San Diego County or county in which Petitioner resides
18
19
20
21
22
without written permission of Petitioner or by further order of
the court.
6. The Respondent shall have reasonable telephone
access to the minor children.
7.
Neither parent shall make disparaging remarks/
comments about the other parent to or in the presence or
23
hearing of the minor children, nor allow others to do so.
24
D.
WORK/HOME ADDRESSES OF PARTIES
25
26
Each party shall provide the other with his or her
current residence and work addresses and telephone numbers and
27
any changes thereof within five days of the change.
28
2DssLopez/lt - 2 -
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1
2
3
III.
CHILD SUPPORT
1.
Respondent shall pay Petitioner as and for child
4 support, the sum of $190.00 per child, per month, for a total
5 of $380.00 payable in advance on the first of each month
6 commencing on the 1st day of December, 1992.
7
The child support payments shall continue as to
2.
8 each child until the child dies, marries, becomes emancipated,
9 reaches the age of 18, or further order of the court. However,
10 if the child is a full-time high school student and residing
11 with the custodial parent, child support shall continue until
121 such time as each child completes the 12th grade or attains the
13 age of 19, whichever first occurs.
14
3. The child support payments shall be payable by wage
15,
161
assj.gnment to the Department of Revenue and Recovery.
Respondent is notified that he is responsible for all support
17
payments whether or not and/or until the wage assignment order
goes into effect.
18
19
20
A.
CUSTODIAL PARENT ON AID TO FAMILIES WITH
DEPENDENT CHILDREN
21 The monthly child support shall be payable by wage
22 assignment to the Department of Revenue and Recovery, P.O. Box
23 2808, San Diego, California 92112, to be credited to the
24 account of JOELLE L. LOPEZ, so long as petitioner receives
25
26
27
28
public assistance.
If Petitioner ceases to receive public
assistance thereafter for a period of five months, the monthly
child support shall continue to be paid to the Department of
Revenue and Recovery, which in turn shall pay such amounts to
2DssLopez/lt
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1 the custodial parent. After the five month period, Petitioner
2 may direct the Department of Revenue and Recovery to continue
3 to collect the monthly child support payments. Otherwise,
4 Respondent shall pay the child support to Petitioner directly
5 or by wage assignment to Petitioner.
6
7
B.
HEALTH INSURANCE COVERAGE FOR MINOR CHILDREN
1. Respondent shall maintain health insurance coverage
8 for the minor children, including dental/vision care, if
9 available, at no or reasonable cost, which includes a group
10 plan, through his place of employment, with the minor children
1] as the named insureds until said minor children attain
.12: majority, are emancipated, die, or marry.
13
2. In the event employment is terminated for any
14 reason, Respondent shall maintain said policy in full force and
15" effect or obtain simil~.r coverage elsewhere, regardless of any
16 increased premium cost to him as a result of the termination of
17 employment.
18
19
20
2]
22
23
24
25
26
27
28
3. Respondent shall notify Petitioner of any change in
employment, premium costs, and changes in the beneficiary
and/or named insured(s), as well as provide all necessary
medical insurance forms and identification cards, and cooperate
in the processing of any claim thereunder.
4. Respondent and Petitioner shall pay one-half of any
non-covered medical, dental, vision care, and orthodontia
expenses for the minor children not paid or covered by any
insurance.
C. HEALTH INSURANCE COVERAGE ASSIGNMENT
1.
Respondent is notified that if he fails to sign
2DssLopez/lt
- 4 -
Of J} (;ve- ~-Cf -
1 up the minor children for available health insurance coverage
2 through his place of employment, including dental/vision care,
3 the Petitioner shall seek an order from the court for a "health
4 insurance coverage assignment" without further notice to him.
5
The health insurance coverage assignment shall
2.
6 provide for the employer of the Respondent to enroll the
7 supported children in the health insurance plan available to
8 the Respondent through the employer or other person, and to
9 deduct the appropriate premium or costs, if any, from the wages
10 or earnings of the Respondent.
11
12
D.
CHILD BENEFICIARY OF NON-CUSTODIAL PARENTIS LIFE
INSURANCE
13 Respondent shall keep and maintain in full force and
14 effect any existing life insurance policy, with the minor
IS children of the parties as the named beneficiaries until said
16 minor children attain majority, are emancipated, die, or marry.
17
E.
INCOME/EMPLOYMENT CHANGES
18
1. Each party shall advise the other party of any
19 substantial income and/or employment changes within one week of
20 such change, including the name, address, and telephone number
21
22
23
24
25
26
27
28
of the new employer.
2. The Respondent shall notify the Dept. of Revenue and
Recovery within 48 hours in writing of any change in his
income, residence and/or employment addresses and telephone
numbers.
/ / /
/ / /
/ / /
2DssLopez/lt
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1
2
3
4
5
6
7
8
IV.
SPOUSAL SUPPORT
A.
RESERVATION OF JURISDICTION
1.
The court reserves jurisdiction as to spousal
support for Petitioner until her death, remarriage, or 5 years,
from the date this judgment is filed with the court, thereafter
jurisdiction shall terminate forever.
2 .
The court terminates its jurisdiction (ability)
9 to award spousal support to the respondent.
10
11
12
13
V.
COMMUNITY PROPERTY
A.
The community property consisting of: Living room
14 set, dinette set, bookcase & entertainment center, children's
i5 bedroom set, VCR, stereo, television and microwave oven: Total
16 value $3,975.00, is awarded to Petitioner as her sole and
17 separate property.
18
B.
The community property consisting of: 1973 Chevy
19 Chevelle, value $1,000.00, is awarded to Respondent as his sole
20 and separate property.
21
22
23
24
25
26
27
28
C.
RESERVATION OF JURISDICTION OVER RETIREMENT BENEFITS
The Court reserves jurisdiction over any and all
property, which may be community property, including, but not
limited to retirement, pension, or other employee benefits and
Social Security acquired during the marriage.
/ / /
/ / /
/ / /
.
2DssLopez/lt
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l)j\~' l ~~ - I ---
16
17
18
19
20
21
22
23
24
25
26
27
28
1 VI.
2 COMMUNITY DEBTS
3 The Court reserves jurisdiction over any and all community
4 debts which may be unknown to Petitioner.
5
6 VI I.
7 ASSUMPTION OF OBLIGATIONS
8 Neither party shall hereafter incur any indebtedness
9 chargeable against the other or his or her estate, or contract
10 any debt or obligation in the name of the other, and each party
11 shall indemnify and hold the other harmless from any such
12 indebtedness incurred or created by the indemnifying party
13 after February, 1990, the date of separation.
14
15
T7T T T
Y ..L .J.. J. .
RESTRAINING ORDERS
A.
1.
Both parties are mutually enjoined and restrained
from molesting, attacking, striking, threatening, verbally
abusing, sexually assaulting, battering, or disturbing the
peace of each other, or any person under the care, custody, or
control of the other party.
2.
Both parties are ordered to stay 100 yards away
from the residence and place of employment of the other
party.
Contacts relating to the exchange of the minor children
for purposes of visitation shall be permitted.
NOTICE
B.
THIS ORDER IS EFFECTIVE WHEN MADE. IT IS
ENFORCEABLE ANYWHERE IN CALIFORNIA BY ANY LAW ENFORCEMENT
2DssLopez/lt
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
AGENCY THAT HAS RECEIVED THE ORDER OR BY ANY OFFICER WHO IS
SHOWN A COpy OF THE ORDER. IF PROOF OF SERVICE ON THE
RESTRAINED PERSON HAS NOT BEEN RECEIVED, THE LAW ENFORCEMENT
AGENCY SHALL ADVISE THE RESTRAINED PERSON OF THE TERMS OF THE
ORDER AND THEN SHALL ENFORCE IT.
IX.
CARRYING OUT ORDERS
A. Each of the parties shall perform all acts and execute
and deliver all deeds, documents, and papers necessary or
convenient to carry out the terms of this judgment immediately
upon being requested to do so. If either party fails to do so
immediately upon request or cannot do so, this court may upon
application by one of the parties, order the Clerk of the
]5 Supe~ior Court, the Divisior. Chief of the Family Law/Probate
16
J7
18
19
20
2]
22
23
24
25
26
27
28
Division, or their authorized representative/ designee by being
appointed an elisor, to execute the deed, document, or paper on
behalf of the party who refuses to do so or cannot do so.
B. Jurisdiction by the Court is reserved to make other
and further orders necessary to carry out this judgment.
X.
MAIDEN/FORMER NAME
The Petitioner's maiden/former name, "MOHR," is hereby
restored.
/ / /
/ / /
/ / /
2DssLopez/lt
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1
2
3
4
5
6
XI.
COURT COSTS AND FEES
Respondent shall pay to the Clerk of the Superior Court,
County of San Diego, the filing fee of $160.00 within thirty
days from the date the judgment is entered.
7 IT IS SO ORDERED:
8
9
10 DATED:
t'~IJ .';j J .i~92
JUDGE OF THE SUPERIOR COURT
11
13
14
151
16
J7
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26
27
28
2DssLopezjlt
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U'lcr CAS1;MB:;4 0;~5 t
MARRIAGE OF (last name, first name of parties): '"
Re.s(.JOfLd
eL-.
(THIS IS NOT A ORDER)
titioner D Respondent D Claimant requests the following orders be made:
CHILD CUSTODY D To be ordered pending the hearing
a. Child (name and age) b. Request custody to (name)
c. D Modify existing order
(1) filed on (date):
(2) ordering (specify):
2. D CHILD VISITATION D To be ordered pending the hearing
a. D Reasonable
b. D Other (specify):
c. D Neither party shall remove the minor child or children of the parties
d. D Modify existing order
(1) filed on (date):
(2) ordering (specify):
(1) D from the State of California. (2) D other (specify):
3. D CHILD SUPPORT (A Wage and Earnings Assignment Order will be issued.)
a. Child (name and age) b. Monthly amount
(if not by guideline)
$
c. D Modify existing order
(11 filed on (date):
(21 ordering (specify):
4. D SPOUSAL SUPPORT (A Wage and Earnings Assignment Order will be issued.)
a. D Amount requested (monthly): $ b. D
c. D Terminate existing order
(1) filed on (date):
(2) ordering (specify):
Modify existing order
(1) filed on (date):
(2) ordering (specify):
5. D ATTORNEY FEES AND COSTS a. D Fees: $ b. D Costs: $
6. D RESIDENCE EXCLUSION AND RELATED ORDERS D To be ordered pending the hearing
D Petitioner D Respondent must move out immediately and must not return to the family dwelling at
(address) :
~ D taking only clothing and personal effects needed until the hearing.
7. L..A-J STAY-AWAY ORDERS ~ To be ordered pending the hearing
a. D Petitioner OCJ Respondent must stay at least .fD.D. yards away from app!icant and the followin? places: ~
(11 I a~ant's residence (address optional): T"' "--' - Ie' .J LIIDO / 560 .'2JV Sf: b
(2) applicant's place of work (address optional): C . Cc,Cj Jqr(j
(3) the children's school (address optional): r ec.5 fc r 5cM 0 \
(4) otj1er (sp'ecify): n I 0" HGt.u. cJ
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b. D Contacts relat~oVplc~up ~d1~efv ~hildren pursuant to a court order or a stipulation of the parties
arrived at during mediation shall be permitted.
a:'Kl RESTRAINT ON EONAL CONDUCT jgL To be ordered pending the hearing
( D Petitioner Respondent
a. ~o molest. attack, strike, threaten, sexually assault, or otherwise disturb the peace of the other party
~ and any person under the care, custody, and control of the other party. CQS e #- 93--15446/
b. IXS shall not contact or telephone the other party. #- y;) - ;;23 49 ~
c. 0 except that peaceful contacts relating to minor children of the parties shall be permitted.
(Continued on reversel
Form Adopted by Rule 1285.20
Judicial Council of California
1285.20 [Rev. January 1. 1993)
SUPCT D-7(Rev. 1-93)
APPLICATION FOR ORDER
AND SUPPORTING DECLARATION
(Family ~w)
O,IL J2 (~V\..- "- - I cJ --
Civil Code. i 4359
kes.16
0CUJf-{
CASO~BE3t) & :l5 <t
MARRIAGE OF (1l1st nllme" first nllme of pllrties) :
9. 0 PROPERTY RESTRAINT D To be ordered pending the hearing
a. The D petitioner 0 respondent 0 claimant be restrained from transferring, encumbering, hypothecating,
concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or
separate. except in the usual course of business or for the necessities of life.
D and applicant be notified at least five business days before any proposed extraordinary expenditures and
an accounting of such be made to the court.
b. D Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferrinQy disposing of,
or changing the beneficiaries of any insurance or other coverage including life. health, automobile. and disability
held for the benefit of the parties or their minor children.
c. 0 Neither party shall incur any debts or liabilities for which the other may be held responsible. other than in the
ordinary course of business or for the necessities of life.
10. D PROPERTY CONTROL D To be ordered pending the hearing
a. 0 Petitioner D Respondent be given the exclusive temporary use. possession, and control of the following
property we own or are buying (specify):
b. D Petitioner D Respondent be ordered to make the following payments on liens and encumbrances coming
due while the order is in effect:
Debt Amount of payment Pay to
11. J LAW ENFORCEMENT AGENCIES I request that copies of orders be given to the following law enforcement agencies
lfJ having jurisdiction over the locations where violence is likely to occur:
Law enforcement agency Address
San Diego County Marshal 220 W. Broadway, San Diego, CA 92101
250 E. Main, B Cajon, CA 92020
500 Third, Chula Vista, CA 91910
325 S. Melrose, Vista, CA 92083
12. ~I request that time for service of the Order to Show Cause and accompanying papers be shortened so that they may
be served no less than (specify number): ... :~.C>. . . . days before the time set for the hearing. I need to have the
order shortening time because of the facts specified in the attached declaration.
13. D OTHER RELIEF (specify):
14. D FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify):
D contained in the attached declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 0( 116/ C:( J
.:.......... .Jb.-et\~. .~o.h.(........
CTYPE OR PRINT NAME)
~
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;'l_
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128!;,20 IR_ j,!>uwv. 1993\
SUPCT D-7(Rev. -';:3)
APPLICATION FOR ORDER
AND SUPPORTING DECLARATION
) rJA ~mil~,....:_I(o -)
"-lIe IWO
Arthur A. Marsh, Ph.D.
Clinical Psychologist Lic #: psy 12986
5030 Camino de la Siesta #104
San Diego, CA 92108
(619) 979-0270
6 October 1993
To Whom It May Concern:
This letter is being written at the request of Joelle Mohr concerning her son,
Dominic Lopez. I have seen Dominic in individual counseling since April of 1993. I
feel that at the present time contact with his father, Javier Lopez, is detrimimental to
Dominic's emotional stability.
During the course of my work with Dominic I have seen a pattern of behavior
where without contact with his father he becomes more cooperative and open during
the sessions. Unfortunately, typically after seeing his father he becomes increasingly
aggressive and acting out in the sessions. Further, his mother reports increasing limit
testing and aggressive acting out toward her and his younger sister after contact with
his father. Javier's last contact with his son preceded Dominic crying, becoming
depressed, and repeatedly hitting his younger sister. This incident precipitated his
admission to the child unit of Vista Hill Hospital.
If I can answer any questions please call me at 979-0270.
Cordially,
Arthur A. Marsh, Ph.D.
Psychologist
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fe
le Handbook
Of Crimes and Punishments
or immoral prac-
he or she be imprisoned in the county jail for not less
than 96 hours and that he or she participate in for no
less th~n one year, and successfully complete, a
batterer s treatment program, as designated by the
court. However, the court, upon 3 showing of good
cause, may find that the mandatory minimum im-
prisonment, or the participation in 3 batterer's treat-
ment program, or both the mandatory minimum
imprisonment and participation in a batterer's treat-
ment program. as required by this subdivision, shall
not be imposed and grant probation or the suspension
of the execution or imposition of a sentence.
(g) If probation is granted, or the execution or
imposition of a sentence is suspended, for any person
convIcted under subdivision (a) who previously has
been convicted of two or more violations of subdivision
(a) for offenses that occurred within seven veal'S of the
most recent conviction, it shall be a condition thereof
that he or she be imprisoned in the county jail for not
less than 30 days and that he or she participate in for
no less than one year, and successfully complete. a
batterer's treatment program as designated by the
court. However, the court, upon a showing of good
cause, may find that the mandatory minimum im-
prisonment, or the participation in a batterer's treat-
ment program, or both the mandatorv minimum
imprisonment and participation in a batterer's treat-
ment program, as required by this subdivision, shall
not be Imposed and grant probation or the suspension
ofthe execution or imposition of a sentence. (Amended
by Stats 1990 ch 680 ,91, efr 1/1/91.)
:e of any child indul-
ral or vicious habits
runk in the presence
r control, is guilty of
ll.bIic roads.
provisions of either
270b, section 271 or
:onviction is had and
~ounty j ail or in the
lay direct that the
Jelled to work upon
IY other public work,
e such conviction is
mce. And it shall be
isors of the county
I the countyjail, and
lere such person is
such conviction and
, work is performed
county jailor to the
)ayment out of any
the guardian, or to
I, or to an organiza-
;ed by the court as
dar month, for the
i sum not to exceed
of such person so
t
lry.
licts upon his or her
ly inflicts upon any
whom he or she is
llfully inflicts upon
father of his or her
a traumatic condi-
1 conviction thereof
t in the state prison
ty jail for not more
ix thousand dollars
*273.6. Domestic violence; violation of orders.
(a) Any willful and knowing violation of any of the
court orders set forth in this subdivision when ob-
tained pursuant to Section 4359, 4458, 45i6, 7020, or
7021 of the Civil Code, Section 412.2101' 527.6 of the
Code of Civil Procedure, or Chapter 4 (commencing
with Section 540) of Title 7 of Part 2 of the Code of Civil
Procedure shall be a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or
by ImprIsonment in the county jail for not more than
one year or by both the fine and imprisonment.
(b) In the event of a violation of subdivision (a)
which results in a physical injury, the person shall be
imprisoned in the county jail for at least 48 hours,
whether ~ fine or imprisonment is imposed, or the
sentence IS suspended.
. (c) Subdivisions (a) and (b) shall apply to the follow-
mg court orders:
(1) :\11 ord~r. enjoining an,)' party from molesting,
attack.mg, strIkm~, threatenmg, sexually assaulting,
battermg, harassmg, or disturbing the peace of the
other party, or other named family and household
members.
(2) An order excluding one party from the family
dwelling or from the dwelling of the other.
(3) An order enjoining a party from specified be-
havior which the court determined was necessary to
effectuate the orders under subdivision (a) or (d).
(d) A second or subsequent conviction for a violation
of an order issued pursuant to subdivision (a) occur-
ring within seven years of a prior conviction for a
v!olation of such an order and involving an act of
VIOlence or "a credible threat" of violence as defined in
subdivision (b) of Section 139 is punishable by im-
prisonment in the county jail not to exceed one year,
or m the state prison for 16 months or two or three
years.
(e) The prosecuting agency of each county shall
.have the primary responsibility for the enforcement of
orders issued pursuant to the provisions listed in
'" 1991 J., B. & L. G:>uJd
Printed in the U.S.A. EP
, husband or wife of
biting is not neces-
the term is used in
aumatic condition"
lch as a wound or
her of a minor or
al force.
n, a person shall be
If another person's
; is presumed the
m 7004 of the Civil
son is convicted of
on is granted, the
, a batterer's treat-
probation unless,
circumstances, the
tterer's treatment
'ndant.
le execution or im-
ld, for any person
'ho previously has
(llj) for an offense
f the offense of the
dition thereof that
'.. B. & L. G:>uld
d in the U.S.A. EP
~273.81
subdivisions (a), (b), and (d). (Amended by Stats 1990
ch 411 !is, efr 7/25/90.)
*273.7. Disclosure of location of domestic
violence shelters.
(a) Any person who maliciously publishes, dissemi-
nates or otherwise discloses the location of any domes-
tic violence shelter or any place designated as a
domestic violence shelter, without the authorization
of that domestic violence shelter, is guilty of a mis-
demeanor.
(b)(1) For purposes of this section, "domestic
violence shelter" means a confidential location which
provides emergency housing on a 24-hour basis for
victims of sexual assault, spouse abuse or both and
their families. ' - ,
(2) Sexual assault, spousal abuse, or both, includes
but is not limited to, those crimes described in Sections
240, 242, 243.4, 261, 261.5, 264.1, 266. 266a, 266b,
266c, 266f, 273.5, 273.6, 285, 288 and 289.
(c) Nothing in this section shall apply w confiden-
tial communications between an attorney and his or
her client. (Added by Stats 1988 ch 840 !il, efr
111/89.)
CHAPTER 2.5
SPOUSAL ABUSERS
(Added by Stats 1985 ch 1122 !i1.)
S273.8. Legislative intent.
The Legislature hereby finds that spousal abusers
present a clear and present danger to the mental and
physical well-being of the citizens of the State of
California. The Legislature further finds that the con-
cep.t of vertical. prosecution, in which a specially
trained deputy dlstnct attorney or prosecution unit is
assigned to a case from its filing to its completion, is a
proven way of demonstrably increasing the likelihood
of convicting spousal abusers and ensuring ap-
propnate sentences for those offenders. In enacting
thIS chapter, the Legislature intends to support in-
creased efforts by district attorneys' offices to
prosecute spousal abusers through organizational and
operational techniques that have already proven their
effectiveness in selected counties in this and other
states. (Added by Stats 1985 ch 1122.91.)
*273.81. Spousal Abuser Prosecution Program.
(a) There is hereby established in the Office of
Criminal Justice Planning a program of financial and
tec~nical assistance for district attorneys' offices,
deSignated the Spousal Abuser Prosecution Program.
All funds appropriated to the Office of Criminal Jus-
tice Planning for the purposes of this chapter shall be
administered and disbursed by the executive director
ofthat of !ice, and shall to the greatest extent feasible,
be coordmated or consolidated with any federal or
local funds that may be made available for these
purposes.
The Office of Criminal Justice Planning shall es-
tablish guidelines for the provision of grant awards to
proposed and existing programs prior to the allocation
of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to
receive funding and the terms and conditions upon
which the Office of Criminal Justice Planning is
prepared to offer grants pursuant to statutory author-
ity. The guidelines shall not constitute rules, regula-
tions, orders, or standards of general application.
57
. O~h.u.. 1"21 l'\'\3
Ct $... 4 ~ ..~....-.-J 04-. ~ b ~ ~t~
. - - .
~l("':b~..
. ,.. SEmTa;~TAR.;~WS FOR puBUCAnON -- BY FAX /' ; BY HAND
\0 /2.
. MAILED NOTICES TO PROPERTY OWNERS
~ D:r-.J -.L
---' ,"-- -,-" ,.
. .PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
" 10 / I f ~:3 . .
'lf~
-62-
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:
A city initiated amendment to the General Plan and zone change for approximately
16.6 acres located in Central Chula Vista. The study area is located between Park
Way and "G" Street on the north and south and between Fifth Avenue and Broadway
on the east and west.
If you wish to challenge the City's action on this matter 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,
October 12, 1993, 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: September 29, 1993
Beverly A. Authelet
City Clerk
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of considering a city initiated amendment
to the General Plan and zone change for approximately 16.6 acres located in Central Chula
Vista. The study area is located between Park Way and "G" Street on the north and south and
between Fifth Avenue and Broadway on the east and west.
The City of Chula Vista proposes to amend the land use designation of the General Plan for
Subarea B-4F, from "Medium Density Residential" to "High Density Residential" and for
Subarea B-4G from "Medium Density Residential" to "Medium High Density Residential".
Consideration will also be given to change the zoning on Subarea B-4G from R-3 (Multi-Family
32 du's/acre) to R-3P22 (Multi-Family 22 du's/acre) subject to a precise plan.
A plot plan and exhibits are on file in the office of the Planning Department. An Initial Study,
IS-93-32, of possible significant environmental impacts has been conducted by the Environmental
Review Coordinator. A finding of no significant environmental impact has been recommended
to the City Council and is on file, along with the Initial Study, in the office of the Planning
Department. The City Council reserves the right to adopt any of the following
recommendations: (1) That these properties be placed in the General Plan land use and zone
designations proposed; (2) That the property's General Plan land use designations not be
amended nor be rezoned; or (3) That these properties be placed in any other more restrictive
land use and zone designations described and defmed in Title 19 of the Chula Vista Municipal
Code and which, in the opinion of the City Council, best serves the public interest. 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 on this General Plan Amendment, and/or Rezone 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 correspo~dence 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,
October 12, 1993 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:
CASE NO.
September 20, 1993
GPA-94-01; PCZ-94-A
COMPLIANCE WITH AMERICANS WITH DISABILmES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act (ADA), request individuals who may need special
accommodation to access, attend, and/or participate in a City meeting, activity, or service contact Nancy Ripley at (619) 691-5101 for
specific information on existing resources/or programs that may be available for such accommodation. Please call at least forty-eight
hours in advance for meetings and five days in advance for scheduled services and activities. California Relay Service is available for
the hearing impaired.
(pub/notlfjh-a)
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