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HomeMy WebLinkAboutAgenda Packet 1994/12/06 hi declare under penalt employed by the City o~ eOfh perjury thet r em Office of H ~ ,.,.... ,_./ ula VIsta in the ~..... -" . ~f".~ r, 1 t' t'lia A~€n '~/J': ". "n. .,at I posted Tuesday, December 6, 1994 the PU~!:lliC";;'~i~;: ~~.~~'.O []~I!etin Board at 4:30 p.m. OATEO, 1..;;..,,)9>1 Sl~~~~ an. at C't}) Hall on Re lar Meeti~ of the Cit of C . . /' Council Chambers Public Services Building -CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor Nader _ 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: November 22, 1994 (City Council) and November 22, 1994 (Joint Meeting of the Redevelopment Agency/City Council). 4. SPECIAL ORDERS OF THE DAY a. Comments by outgoing Councilmember. b. RESOLUTION 17741 RECITING THE FACT OF THE SPECIAL RUNOFF ELECTION HELD ON NOVEMBER 8,1994, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - At the 617/94 General Municipal Election, no candidate for Seat 2 won by a majority vote. Therefore, according to the Charter, a Special Runoff Election was held on 11/8/94 between the two top candidates from the June 7th election. Staff recommends approval of the resolution. (City Clerk) c. Oath of Office for newly elected Mayor and City Councibnembers. The Oath of Office will be administered by the Honorable William Cannon. d. Comments by newly elected Mayor and City Councilmembers. · · · · CITY COUNCIL WILL RECESS FOR A RECEPTION · · · · (Conference Room 1) 5. ROLL CALL: Councilmembers Fox _, Padilla _, Rindone _, and Mayor Horton _' ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions token In closed session and to tufjoum the meeting. Because of the cost Involved, there will be no videotaping of the reconvened port/on of the meeting. However, final actions reported wlU be recorded In the minutes which wlU be available In the City Clerk's Office. ***** Agenda -2- December 6, 1994 CONSENT CALENDAR (Items 6 through 16) The staff recommendolions regarding the following items Usted under the Consent Calendar will be enacted by the CouncU by one motion without discussion unkss a Councibnember, a member of the pubUc or City staff requests that the item be pulled for discussion. 1/ you wish to speak on one of these items, pkase Jill out a "Request to Speak Form" availabk in the lobby and submit it to the City Ckrk prior to the meeting. (Compkte the green form to speak in favor of the stoff recommendation; compkte the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar wiU be discussed after Board and Commission Recommendolions and Action Items. Items pulkd by the pubUc will be the first items of business. 6. WRlTfEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 11/22/94. It is recommended that the letter be received and filed. b. Letter requesting that the Transportation Development Impact Fee (TDIF) assessment on the Telegraph Canyon Shell be waived - Rod Bisharat, Owner, Telegraph Canyon Shell, Auto Care Center, 501 Telegraph Canyon Road, Chula Vista, CA 91910. It is recommended that due to the complexity of this item that it be referred to staff to report back to Council. 7. ORDINANCE 2616 8. ORDINANCE 2617 AMENDING SECTIONS 17.10.050, 19.14.485, 19.14.030 AND 19.14.486 OF THE MUNICIPAL CODE RELATING TO THE REVISED LANDSCAPE MANUAL AND APPROVAL OF LANDSCAPE PLANS (second readilUl and adoDtionl - The proposed revisions to the Landscape Manual incorporate the water conservation measures called for by Assembly Bill 325, the Water Conservation in Landscaping Act. The Manual has also been updated to include standards for public landscape installations, and to formally incorporate current landscape practices from its last revision in 1978. Technical and procedural amendments to the Code which are associated with the revisions to the Manual are reflected in the Ordinance. The Environmental Review Coordinator has concluded that the project is exempt from environmental review as a regulatory measure desigued to enhance the quality of the environment, Class 8 exemption under CEQA. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (second readilUl and adoDtionl - The Salt Creek Basin Gravity Sewer Analysis was prepared by Wilson Engineering to recommend sewer improvements necessary to convey sewage flows from the Salt Creek Basin to existing or proposed downstream sewerage facilities. Based on the Analysis, a Development Impact Fee of $280 per Equivalent Dwelling Unit should be established to pay for the facilities. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) Agenda -3- December 6, 1994 9. ORDlNANCE 2618 AMENDlNG CHAPfER 5.60 OF THE MUNICIPAL CODE RELATED TO BUSlNESS LICENSE TAXES AND REGULATIONS OF VENDlNG AND AMUSEMENT MACHINES (second readilll! and adoDtionl - The taxation ordinaoce is administrative in nature and will not increase taxes on any business currently licensed. Passage of the ordinance will enable the City to collect taxes and ensure licensure of unlicensed vending and amusement machines located in Cbula Vista. Passage of the ordinaoce will also make the code consistent with State and Federal laws. Staff recommends Council place the ordinance on second reading and adoption. (Director of Finance) 10. ORDlNANCE 2619 CREATlNG A DEPARTMENT OF MAYOR AND COUNCIL AS CHAPfER 2.03 OF THE MUNICIPAL CODE AND AMENDlNG SECTION 2.05.010 ADDlNG THE POSITION OF "ASSISTANT TO THE MAYOR AND CITY COUNCIL" TO THE UNCLASSIFIED POSITIONS- (first readilll!l - In order that the Mayor have hiring and termination authority, creation of the Department of Mayor and Council is necessary. The position of Assistant to the Mayor and City Council was created as an "At Will" position to serve at the plessure of the Mayor and City Council. It is important that the position be Unclassified because the Mayor, who supervises the incumbent, serves a finite term and as turnover occurs, helshe should have the ability to appoint an Assistant who possesses the knowledge, skills and abilities judged necessary by that Mayor. Staff recommends Council place the ordinaoce on first reading. (City Attorney and Directur of Personnel) 4/5th's vote required. 11. RESOLUTION 17742 AUTHORIZlNG THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SENATE RULES COMM1TTEE FOR A SATELLITE DISTRICT OFFICE FOR SENATOR PEACE AND AUTHORIZlNG THE EXPENDITURE OF $1,000 FROM THE COUNCIL CONTlNGENCY ACCOUNT FOR RELATED MODIFICATIONS TO THE CITY'S LEGISLATIVE OFFICE BUILDlNG - On 3/15/94, Council approved two lease agreements with the State of California to provide space in the City's legislative office building for district field offices for representatives in the State Assembly and Senate. The term of the two lease agreements is through 11/30/94, and representatives of Senator Peace and Assemblywoman Ducheny have recently informed staff that they plan on relocating their district field offices to locations that are more centrally located within their districts, and, therefore, do not wish to renew their lease agreements with the City for their existing office areas. Senator Peace is, however, interested in retaining a smaller satellite office in the City's legislative office building. Staff recommends approval of the resolution. (Administration) 12. RESOLUTION 17743 APPROVlNG HEALTH (KAISER AND HEALTHNET), DENTAL (SAFEGUARD), AND VISION (VISION PLAN OF AMERICA) lNSURANCE BENEFITS FOR CALENDAR YEAR 1995 AND AUTHORIZlNG THE CITY MANAGER TO EXECUTE THE KAISER, HEALTHNET, SAFEGUARD, AND VISION PLAN OF AMERICAN CONTRACTS FOR 1995 - The City staff and employee representatives have reviewed proposals for health, dental and vision insurance plans. Included are their recommendations for 1995 benefits. Staff is seeking Council approval and Council authorization to the City Manager to execute the 1995 contracts. Staff recommends approval of the resolution. (Director of Personnel) Agenda -4- December 6, 1994 13. RESOLUTION 17744 APPROVING SOUTH CHULA VISTA LffiRARY CHANGE ORDER NUMBER 10 WITH DOUGLAS E. BARNHART, INC., FOR ELECTRiCAL, PLUMBING AND 011IER MISCELLANEOUS CHANGES Change Order Number 10 is composed of various components, including (1) force account worlc, (2) electrical and (3) other miscellaneous changes. Change Order Number 10 totals $17,979, sixty-five percent of which will be reimbursed by the State grant. Staff recommends approval of the resolution. (Library Director and Director of Public Worlcs) 14. RESOLUTION 17745 ACCEPfING FEDERAL LffiRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS FOR THE CONTINUATION OF SPECIFIC LffiRARY REFERENCE RESOURCES, APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 1994/95 BUDGET - For the fifth consecutive year, the California State Library has approved the Chula Vista Public Library's application for Major Urban Resource Library funds. The Fiscal Year 1994/95 grant amount is $11,728. The funds will purchase Business Collection, a microfilm product of nearly 400 businessjoumals, and enhance the career and job seeking materials collection. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 15.A. RESOLUTION 17746 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 2, UNIT 3, ACCEPfING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR TIlE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT - On 1119/93, Council approved the Tentative Subdivision Map for Tract 93-03, Telegraph Canyon Estates. The eighth and ninth final maps for said tentative map are before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 3, UNIT 3, ACCEPfING ON BEHALF OF TIlE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPfING ON BEIIALF OF THE CITY THE OPEN SPACE LOT GRANTED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION 17747 16. RESOLUTION 17748 REJECTING BIDS FOR "CONSTRUCTION OF SIDEW ALKRAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER IN THE CITY (ST-513, STL-213)" AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RE-ADVERTISE THE PROJECT - On 10/12/94, sealed bids were received. The work to be done consists of removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets. It also includes the placement of three inches of asphalt concrete pavement on existing dirt road to the Natore Interpretive Center located at the foot of "E" Street. Staff recommends approval of the resolution. (Director of Public Works) .. .. END OF CONSENT CALENDAR .. .. Agenda -5- December 6, 1994 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The 10Uowing items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please /ill out the "Request to Speak P017ll" available in the labby and submit it to the City Cleric prior to the meeting. (Complete the green 101711 to speak in lavor 01 the stall recommendation; complete the pink 101711 to speak in opposition to the stafl recommendation.) Comments are Umited to five minutes per individuol. 17. PUBLIC HEARING PCS-95-01; CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR A PROJECT KNOWN AS FiELDSTONE CREST, TRACT 95-01, INVOLVING 40 SINGLE-FAMILY DWELLINGS ON 9.21 ACRES LOCATED AT THE SOUTHWEST CORNER OF CLUBHOUSE DRIVE AND BUNTE PARKWAY - WESTERN SALT COMPANY - The proposal is to subdivide 9.21 acres of land into 43 lots consisting of 40 single-family residential lots, two open space lots totaling .67 acres (Lot A and C). and one .05 acre access corridor lot (Lot B). The project site is located at the southwest comer of Clubhouse Drive and Hunte Parkway within the EastLake Greens Planned Communities. The project, as conditioned, is in compliance with the EastLake Greens SPA and P-C District regulations. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17749 APPROVING AND lMPOSING CONDITIONS ON THE TENTATIVE SUBDMSION MAP FOR FIELDSTONE CREST, TRACT 95-01, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 18. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-95-13; APPEAL FROM THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSAL BY THE SALVATION ARMY TO OPERATE A TBRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY - JERRY FICK - Jerry Fick is appealing a decision of the Planning Commission to approve a request to locate a Salvation Army Thrift Store selling used clothing in an existing commercial building at 366 Broadway in the C- T Commercial Thoroughfare Zone. In the appesl, Mr. Fick states that the thrift store is not compatible with, and would have a negative impact on, existing areas within the neighborhood. Staff recommends the Dublic hearil1l! be continued to the meetil1l! of 12/13/94. (Director of Planning) ORAL COMMUNICATIONS This is an opportunity lor the general public to address the City Council on any subject matter within the Council'sjurisdlction that is!lfl1 an item on this agenda lor public discussion. (State law, however, generaliy prohibits the City CouncUlrom tokingaction on any issues not included on the posted agenda.) If you wish to address the CouncU on such a subject, please complete the yeUow "Request to Speak Under Oral Communications P017ll" available in the lobby and submit it to the City Cleric prior to the meeting. Those who wish to speak, please give your name and address lor record purposes and 10Uow up action. Your time is limited to three minutes per speaker. Agenda -6- December 6, 1994 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Couneil wUl collSider items which hove been forwarded to them for collSideration by one of the City's Boards, COIIlIIfissions and/or C01IUIfittees. 19. Letter stating that the Veterans Advisory Commission unanimously approved a motion to ask the Ci~ Attorney to draft a resolution whereby November 11 will be a fIXed holiday rather than a "floater , and submit to Council. (Robert McCauley, Chairman, Velerans Advisory Commission) ACTION ITEMS The items listed in this Silction of the agenda are expected to eUcIt substantial discussions and deliberations by the CouncU, stoff, or members of the general pubUc. The items wUl be considered individually by the Couneil and stqffrecommendations may in certain cases be preSilnted in the alternative. ThOSil who wish to speale, pleaSil jUl out a "Request to Speak" form avat1JJble in the lobby and submit it to the City Clerk prior to the meeting. PubUc comments are limited to five minutes. 20.A. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. B. REPORT LANDFILL DISPOSAL SERVICES BETWEEN CHULA VISTA AND THE CITY OF SAN DIEGO - The purpose of the report is to consider a proposal with the City of San Diego to dispose of Chula VIsta trash at Miramar Landfill until such time as a transfer station can be completed. Staff recommends Council: (1) Support the effort to provide less expensive solid waste disposal services via the CIty of San Diego at Miramar's Landfill; and, (2) Direct staff to return to Council for final action subsequent to the completion of environmental review (Deputy City Mansger Krempl) 21. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City CouncU wUl discuss items which hove been removed from the Consent Calendar. Agenda items pulled at the request of the public wUl be considered prior to those puUed by Councilmembers. PubUc comments are limited to five minutes per individual. OTHER BUSINESS 22. CITY MANAGER'S REPORTCS) a. Scheduling of meetings. 23. MAYOR'S REPORTCS) 8. Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District and Chula Vista City Council. Continued from the meeting of 11/15/94. b. SANDAG appointment. 24. COUNCIL COMMENTS Councilmember Rindone a. Board/Commission/Committee Liaison. Agenda -7- December 6, 1994 CLOSED SESSION Unless th~ City A"orn~y, th~ City Ma1Ulg~r or th~ City CouncU stat~s oth~rwls~ at this tim~, th~ CouncU wiU dUcuss and deUberat~ on th~ foUowing it~ms of busiMss which are pennilUd by law to H th~ subj~et of a etaSM s~ssion dUcussinn, and which th~ CouncU Is advlsul should H diseuss~d in clas~d ussion to b~st prot~et th~ int~rests of th~ City. Th~ CouncU is required by law to return to op~n ussion, Iss~ any reports of J1Ml action toIc~n in clas~d ussion, and th~ vot~s toIc~n. How~Nr, ~ to th~ typieallength of ~ toIc~n up by etas~d s~ssinns, th~ videotaping wiU H t~nninalM at this point in order to $QV~ costs so that th~ CouncU's return from clas~d ussion, reports of J1Ml action toIcen, and a4Jou~nt wiU not H video~d. N~v~rth~less, th~ report of final action toIc~n wiU H recorded in th~ minut~s which wiU H available in th~ City Clert's Offlu. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Anticipated litigation pursuant to Govenunent Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govenunent Code Section 54957 . Title: City Attorney CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govenunent Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: ChuIa Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fighters (lAPp). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a meeting on Wednesday, December 7, 1994 at 6:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting on December 13, 1994 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council /Redevelopment Agency will be held immediately following the City Council Meeting. December 1,1994 SUBJECT: The Honorable Mayor and City Council_(\\\ John D. Goss, City Managerj~ ~~ City Council Meeting of December 6, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, December 6,1994. Comments regarding the Written Communications are as fonows: Sa. This Is a letter from the City Attorney stating that there were no reportable actions taken by the City Council at the closed session of November 22, 1994. IT IS RECOMMENDED TIlA T TIllS LETTER BE RECEIVED AND FILED. Sb. This Is a letter from Rod Blsharat, owner of the Telegraph Canyon Shell Auto Care Center, requesting that the Transportation Development Impact Fee assessment on Telegraph Canyon Road be waived. Due to the complexity of this Issue, IT IS RECOMMENDED TIlAT TIllS REQUEST BE REFERRED TO STAFF FOR A REPORT BACK TO COUNCIL. JDG:mab COUNCIL AGENDA STATEMENT Item No. '/-,6 Meeting Date 12/06/94 ITEM TITLE: Resolution I ?? L/ I Reciting the Fact of the Special Runoff Election held on November 8, 1994, declaring the result, and such other matters as provided by law. SUBMITTED BY: Beverly A. Authelet, City Clerk (4/5ths Vote: Yes_ No.]L) At the June 7, 1994 General Municipal Election, no candidate for Seat 2 won by a majority vote. Therefore, according to the Charter, a Special Runoff Election was held on November 8, 1994 between the two top candidates from the June 7th election. RECOMMENDATION: It is recommended that the City Council declare the results of the special runoff election which was held on November 8, 1994 by approving the attached Resolution. BOARDS AND COMMISSION RECOMMENDATION: Not applicable BACKGROUND: At the General Municipal Election of November 3, 1992, the voters approved a Charter Change that if no candidate receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately following the general municipal election between the two candidates receiving the highest and second highest number of votes. This was the first special runoff election conducted under the 1992 Charter amendment. Since Seat 2 did not have a candidate who received a majority of the votes cast, a special runoff election was conducted on November 8, 1994. The Registrar of Voters has canvassed the ballots for the November 8 election and has sent us the certified results indicating that Steve Padilla received a majority of the votes. FISCAL IMPACT: $7,000 has been budgeted in the 1994-95 Budget for the election. However, final cost of the election has not yet been received from the Registrar of Voters. M:\HOMB\CLBRK\11-8-BLE.DOC -Ib-/ /tfb-2 RESOLUTION NO. /77r J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF A SPECIAL RUNOFF ELECTION HELD ON NOVEMBER 8, 1994, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a special runoff election was held and conducted in the City of Chula Vista, California, on Tuesday, November 8, 1994, as required by law; and, WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted; and the votes were cast, received, and canvassed; and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and, WHEREAS, pursuant to Resolution No. 17591 adopted August 2, 1994, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are received and made a part hereof as Exhibit" A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1: That the number of ballots cast at the polls was 27,316 with 10,329 absent voter ballots for a grand total number of ballots cast in the City of 37,645; and SECTION 2. That the names of the Nominees for Seat 2 were: Steve Padilla and Carmen Sandoval; and, SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Seat 2 for which the persons were candidates are as listed in Exhibit "A" attached. SECTION 4. The City Council does hereby declare Steve Padilla as elected to Seat 2. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing the whole number of ballots cast in the City. Jlb-3 Resolution No. XXXXX Page $' )... PASSED, APPROVED, AND ADOPTED this 6th day of December, 1994. Presented by Approved as to form Beverly A. Authelet City Clerk Bruce M. Boogaard City Attorney o/b~r Resolution No. XXXXX Page l' .J ~ c..Ill.....c.cti . "~~~OUU ... l/:l ~ ZI: .,. .,. ........~~j .-4 00".3 CCk . ~ """"0 k .to: ....C~'l:l.... t ~='80~=~ . II OClllk:lU >0 ~~ ~ B .:-13 :ii ~ I~ II: ~ ~~G\c.~""U .... 8.... ".,. ~ob 0 'Srof~ > III III UO ...."" III """" ~ .... 0.... .~ ...... c ~ ....CIO o:! 0 . III CD'" ~o ~-3k~ ~ ~ ~~i~ili~ 0 i-a .., . 81 'i>ll'Bc""i "" .... Oc ~ O~II:"".c.t kgC!~~~c ~ 1ll'l:l0.c., "" III kC . ..l/:l . ~o k. k . IllU~~o~'8o ~ -;. "~"".Ill .=.c~~1ll GI III "" III III C . III I >o~ . U .co"'B ~.cC "" tiM""...tii:.~ .... .... i~~~:!:i~i: 0 . . 1 . ~~IQ~~~ 8. - .. 0 >o~~.... C~! k 1 ......cO""..Q, "".... ."" 8 ait~ Ir~~ti .c - - l' I I 33~ '82 I i>o".CIll:~k . ... 8.Q~ "" 0 II " .. Ill~'" .b.... . C ... I ... :l.0~1ll! ~ a ..:!!1ll3....!"" 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"- OIl "N ~ ... 00 ... co OIl OIl.. 0 <<- z .. .. z :r ... ... .. << a ZO N o OIl .. '" .. OIl ..- .. >1 N .. .. .... z z:> .. ::>0 ! az ... z .. OIl .... .. 00 g . . .0 .. .. .. .... .. .. - '" a 00 .. z << '" .. 0" .. .. .. 00 .. .N .. .. is > .. 0Il- N ... . .; ... ... CO ... ... .. OIl W>N .. ... ... '" .. "N OIl 0 ... .. N ..0 .. f ... ... ... ltI . '" .. .. .. '" '" .. :> . . CO .. '" ft........"G-NfI') .. ... .. -"'11'''''''--- .. .. Infll.........,.".,., ~ '" ClG)CliGJC')C'~oo - IDGl!JtOOCftOO .. :> IDOOClH"GlOCD ... .. .. .. c i ( - u ... - >>>>>>> .. .. >ccccccc .. a .. .., 0000000 ,. .J~""'''''''''''''' .. ~~~~~~5{5{ . - . ... C1C1:a:a:a:Ill:cr.a: Yb'I'/ )t Resolution No. XXXXX Page J.K I' ~ '" .. .. N W " .. .. .. o .. .. .. I .. N I - W l- e " z z 0 0 - - l- I- U U W W ...l ...l W W .. ...l" ~ e.. "'- z w e z " w.. u " '" I! ow >1 I- I-W Z z> W :>0 i! oz u ffi 0 l! 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GfDC")NCOCHCl ClCD CHDt')f')COCDeD COCO e "" .... ~-1U CUJ -IV>> UCI) Z~ c-s 2~ ;>~s!a U)w>>ocwoulo4 >U'lVL"J..JVl..J X X ~c~wll>f;!::;;~a:: c"t-l&Iwctucn l-W QWZCUUI'HI.I _-,v)to- w+-o+-",IfIQ.ll.>cwc a:1Il.UU'lCC~O z.. ..JU'lCUJ '" cOX'" c-'.J~X%XX >..l...t-W ...-'uOt-................~...::l1lJ OOIl.lI&lOO,..CIIVt-XCO. t-a.ocr"''''''''''-UUZII'ICI) tl6 .../.5' ~{~ ~ .............~~ -::...~~- ellY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: November 30, 1994 From: The Honorable Mayor and City coun~;~ Bruce M. Boogaard, city Attorney I()~ Report Regarding Actions Taken in Closed Session for the Meeting of 11/22/94 To: Re: The City Attorney hereby reports to the best of my knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no actions taken in the Closed Session of 11/22/94 which are required under the Brown Act to be reported. BMB:lgk C:\lt\clo88ess.no ~~'I 276 FOURiH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 RECEIVED November 14, 1994 Telegraph Canyon Shell Auto Care Center 501 Telegraph Canyon Road Chu1a Vista, CA 91910 "N . 18 A2 :37 m [S~~~~~W 4' Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor and Councilmembers, The Chula Vista Planning Commission recently approved the Telegraph Canyon Shell's request to install a car wash at our Auto Care Center located at 501 Telegraph Canyon Road. It is anticipated that 40 additional trips per day will be generated as a result of the car wash addition to the Auto Care Center. The balance of car washes will be from current customers. As a condition of the approval, Telegraph Canyon Shell must provide a 7-foot easement to accommodate a future road widening of Telegraph Canyon Road. Shell Oil Company purchased the land in June 1994 for $487,500. Based upon the approximate 18,400 square footage of this site, the cost per square foot was approximately $26.50. The 7-foot easement covers the approximate 150-foot frontage of the property. Consequently, the total square footage provided at no cost to the City would be approximately 1050 square feet. At a value of $26.50 per square foot, the City of Chula Vista would receive $27,825 in land value from our company. The value of this easement is significantly higher than the Transportation Development Impact Fee (TDIF). I therefore request that the TDIF assessment on the Telegraph Canyon Shell be waived. The City Council allowed a similar TDIF credit for the Otay Lakes Plaza Shopping Center in December 1991. Thank you for your consideration. Sincerely, cc: - ('I) ~ ~ '-'!I~.. ......."..... .,..^....~ h.;4;/<'J1 _''''''I rnMMtJNICATIONS r /" ""I , , . . . ITEM TITLE: R~)g. ~7-)q~ I SUBMITTED BY: REVIEWED BY: COUNCn. AGENDA STATEMENT Item tJ'V { Meeting Date 2/ 4 ,t-/l./' ~ Public Hearing: PCM-94-20/PCA-94-<l2; Consideration of amendments to the City Landscape Manual and associated amendments to the O~ Municipal Code - City initiated <;;JO<{\~ S)\'I /}. Ordinance ./J.t,/J. Amending Sections 17.10.050, 1~.^~~9.14.030 and 19.14.486 of the Municipal Code relating ~a ~vised Landscape Manual and approval of landscape plans ~9~.' Resolution 1'77 .1.J'Adopting the revised Landscape Manual of the City of Chula Vista, superseding the State Model Code, and repealing Council Policy Number 476-04 (4/Sths Vote: Yesyo.1O The proposed revisions to the Landscape Manual incorporate the water conservation measures called for by Assembly Bill 325, the Water Conservation in Landscaping Act. The manual has also been updated to include standards for public landscape installations, and to formally incorporate current landscape practices from its last revision in 1978. Technical and procedural amendments to the Code which are associated with the revisions to the Manual are reflected in the attached draft ordinance. The Environmental Review Coordinator has concluded that the project is exempt from environmental review as a regulatory measure designed to enhance the quality of the environment, Class 8 exemption under CEQA. RECOMMENDATION: That Council adopt the Resolution and Ordinance approving the revised City 'JlMY'llpe Manual, and associated amendments to the Municipal Code. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission (by a vote of 6-0 on September 28, 1994), the Resource Conservation Commission (by a vote of 5"() on July 25,1994), and the Parks and Recreation Commission (by a vote of 6"() on July 21, 1994), have all endorsed the revised Manual and associated code amendments. ~-, 1- \ 1;( ". Page 2, Item Meeting Date 1 """\ " , DISCUSSION: In 1990, the California State Legislature enacted Assembly Bil1325, the Water Conservation in Landscaping Act. AB 325 requires cities and counties to adopt a "Water Efficient Landscape Ordinance" or be governed by a draft "Model Water-Efficient Landscape Ordinance" developed by the State Department of Water Resources. According to AB 325, the model water efficient landscape ordinance automatically went into effect in all communities that had not adopted their own ordinance by January I, 1993. The Landscape Manual has been revised to include the water conservation measures called for by AB 325, the Water Conservation in Landscaping Act. A copy of the draft Manual was filed with the State in September, 1992, and a representative of the State Department of Water Resources has acknowledged the City's compliance with AB 325. The Manual has also been updated to include standards for public landscape installations, and to formally incorporate current landscape practices from its last revision in 1978. Additionally, paving requirements for pedestrian access through planter areas have also been added within Part One. New sections include "Public Landscaping", "Drought Tolerant Plantings", "Fire Retardant " Plantings", "Water Management for Landscaping", a sample Water Management Plan, and other minor miscellaneous provisions. Certain technical and procedural amendments to the Municipal Code to reflect the revised provisions in the Manual are included in the attached ordinance. Water Conservation Measures The water conservation measures within the Landscape Manual can be summarized as follows: 1. A Water Management Plan is required for all industrial, commercial, and multi-family projects. The Water Management plan is prepared by the property developer and provided to the City as part of each Landscape Plan submitted for approval. The Water Management Plan must include specific water conservation methods and any expected water savings on each project. A sample water management plan has been provided within the revised Manual to gLlide applicants. 2. Where available, reclaimed water use is required for all industrial, commercial, and multi-family projects, and all developer-installed landscaping within single-family projects. Where reclaimed water is not available, potable water is allowed to be utilized. 3. All landscape installations subject to the provisions of the Landscape Manual are required to be certified for completion by the project Landscape Architect, Civil Engineer, or Architect, prior to building occupancy or turnover to the City. Post-installation , -H:C2, . . . Page 3, Item I Meeting Date 4 certification will ensure proper and complete landscape installation in accordance with approved plans. 4. New landscape design criteria have been added that support low-water use landscape design and efficient water-use irrigation design. These criteria include promoting the use of effICient irrigation components to ensure state-of-the-art irrigation design. S. A public information and education program on water conservation is required for single- family projects. This program will require developers to provide written information on water conservation techniques to all new homeowners. In addition, at least one home within each model complex is required to physically demonstrate landscaping emphasizing drought tolerant plantings. Signs are required to direct the attention of prospective purchasers to drought tolerant features within the landscape design. DroUl!ht Tolerant/Fire Retardant Plantinl!s In addition to those sections which address water conservation, a new section on "Fire Retardant Plants and Drought Tolerant Plants" has been added to bring the text of the Manual into conformance with Council Policy 476-04, which mandates the use of drought tolerant and frre retardant plantings. This policy has been implemented by staff since its adoption in 1988. These modifications will incorporate the measures into the text of the Landscape Manual and allow repeal of the policy. Public T Jlntl""aoinl! The new Public Landscaping section addresses public works projects, including civic facilities, parks, open space, and streetscape installations. This section also implements the authority of the Director of Parks and Recreation set forth in Chapter 17.10 of the Municipal Code. The specifIC topics covered include submittal requirements, graphic and standard requirements, design standards and criteria, landscaping, irrigation, and trails. An appendix outlines suggested planl material. The Public T """"".aping section is consistent with current City ordinances with the exception of the design and size of parking stalls. The City requirement for a standard 90 degree parking stall is 9' wide x 19' long, and a compact stall 7'-6" wide x IS' long, both with 24' wide back- up arealdrive lanes. The proposal for park installations is 10' wide x IS' deep, with no compact stalls considered, and back-up arealdrive lane 26' wide. The rationale for having a different standard is that the park users typically have larger vehicles with more people and additional supplies and equipment. The larger parking stall dimensions provide more space between vehicles for doors to be opened completely, and greater width in ~ I-:!> 1~ " Page 4, Item l.V Meeting Date ~ 1 the drive lanes for ease of movement throughout the parking lot. The parking lots at Terra Nova Park and Rohr Park have been designed and installed using these dimensions. Miscellaneous Amendments to the Manual and Code The most significant of the miscellaneous revisions to update the Manual to current practices and miscellaneous code amendments are as follows: 1. The Municipal Code (19.14.485) currently requires that a site be improved and brought into current conformance with the Landscape Manual when any remodeling or site improvement exceeds a dollar value of $10,000 (other than single family). The dollar value is recommended to be increased. This amount has not been reevaluated or updated for 12 years, since 1978. The recommended increase to $20,000 provides a reasonable adjustment based on inflation. The degree of site improvements will be determined once a project application has been submitted for review, and depending on the degree of remodeling, landscape improvements will be required. 2. The Manual now reflects the fact that the inspection responsibility for the City's Open Space districts has been transferred from the City Landscape Architect in the Planning Department to the Parks Landscape Architect. This transfer of responsibility occurred in 1989 when the Parks Department created a staff Landscape Architect position. ~ 3. A requirement has been added to require water efficient, drought tolerant landscaping within private open space areas other than those used for recreation. The amendments to the Landscape Manual require certain technical and procedural amendments to the Municipal Code. These are included in the attached draft City Council ordinance. Review of the Manual The draft of the revised 'Jlntlscape Manual has been reviewed by the California Native Plant Society, Sierra Club, Chamber of Commerce, Crossroads, local water districts, and SANDAG. To date, the City has not received any adverse comments or suggestions from these outside groups. The local chapter of the American Society of' Jlntlscape Architects has also reviewed and endorsed the document in concept. A workshop was held on April 25th to receive input from representatives of the McMillin, Baldwin, Gafcon (Sunbow) and Eastlake development companies. As a result of the workshop, some minor changes were made to the Manual. """ ~ . . . Page S, Item Meeting Date As noted earlier in this report, the draft Landscape Manual has been reviewed by the State Department of Water Resources and found to be in compliance with AD 325. The Department of Water Resources is requesting for their records a copy of the final Council approval, resolution, and revised Manual. The City Council resolution reflects the fact that the amended Manual is consistent with the two regional water conservation measures recommended in the Regional Growth Management Strategy (RGMS). Those measures are: 1) the use of reclaimed water, when available, and 2) the "efficient use of water" in landscaping. Coordination with Otav Water District On March 18, 1992, the Otay Water District adopted their own ordinance regarding water use in landscaping. The district approaches water conservation through a "water allocation" program. which establishes a maximum amount of water to be used within a project area. :An area of interface between the City and the water district could occur if, for instance, an applicant had estimated a total water use QY!;I the amount that Otay would allocate, thus requiring a redesign and recalculation. City staff and representatives of the water district are currently discussing a way in which this can be accomplished in a cooperative and coordinated manner. Otay has reviewed this fmal draft, and fmds this revised Manual to be very complete and supportive in the effort to conserve water, and has given their endorsement of this revised Manual. State ModellComnarison Staff has considered the state Model Water Efficient Landscape Ordinance and has effectively utilized most but not all of its provisions as evidenced by the following matrix. The Water Conservation in Landscaping Act provides that "to the extent feasible, local agencies shall consider the provisions of the Model Code". The following is a comparison of the State Model and the City Landscape Manual: ~ 1-5 ),~ Page 6, Item -!L Meeting Dat~ """ " , Applicability City Manual State Model Industrial/Commercial . . Multi-family . . Single Family Developer installed (models) . . Owner installed/common areas . . Duplex Developer installed . . Owner installed . . Triplex Developer installed . . Owner installed . . Certification Required . . Water Management Plan . Water AuditlBudget . Use of Reclaimed Water . . Special Meter requirements . Public Information program . . --., Except for the "Water Audit/Budget" and "Special Meter Requirements" provisions, all other State Model provisions are within the Manual. Provisions for "water budgeting" are provided by local water districts. Water budgeting means that a specific "quantity" or amount of water (determined by the water district) wiII be provided for landscape irrigation. "Special meter requirements" require separate landscape water meters; one for building water use and one for landscape water use. Provisions for "special meter requirements" would be a regulatory provision of a water district, since they deliver and sell water. Conclusion The amendments to the Landscape Manual and associated Municipal Code amendments wiII facilitate water conservation and fire safety, and update the Manual with respect to current practices and procedures. The Fire Marshal will be adding some text, regarding policies or procedures for Brush Management, to the Manual. This new text will be minor in nature and will be "folded into" the Manual at a later date. The City Council resolution provides the Zoning Administrator the authority to approve periodic adjustments to plant material lists inside the Manual. As a result, we are recommending approval in accordance with the attached resolutions and ordinance. 'i fit; f-f.D . . . Page 7, Item IV" Meeting Date ~ . FISCAL IMPACT: All costs of implementing the Manual will be covered through the City's processing fees. Information provided in the Manual will help reduce the number of public inquiries and provide for effICient interdepartmental interactions on all development projects. Attachments: 1. Draft City Council Ordinance. 2. Draft City Council Resolution. 3. Planning Commission Resolution PCM-94-20IPCA-94-02. 4. Minutes from the Planning Commission meeting of September 28, 1994. S. Minutes from the Resource Conservation Commission meeting of August 8, 1994. 6. Minutes from the Parks &. Recreation Commission meeting of July 21, 1994. 7. Letter from Chula Vista Chamber of Commerce, dated August 31, 1994. 8. Current City Landscape Manual. 9. Revised City Landscape Manual. (m:Ibomo\plIIIIIiD\IondIcIpe.113) ~ I_I / 7-~ /ij A J . THIS PAGE BLANK ~ jI. ,y- . 1- '< '1 ~ . , . ~~ AN ORDINANCE OF THE CITY OF CHULA VIST A ~?/ AMENDING SECTIONS 17.10.050, 19.14.485, 19.14.030 ~?/ 19.14.486 OF THE MUNICIPAL CODE RELATING T /' REVISED LANDSCAPE MANUAL AND APPRO . t>F LANDSCAPE PLANS ~~~. ORDINANCE NO. 02." /? WHEREAS, Assembly Bill 325 (1990), the Water Conservation in Landscaping Act, requires cities and counties to adopt a water efficient landscape ordinance or be governed by a Model Code developed by the State Department of Water Resources; and WHEREAS, the Planning Department and Parks and Recreation Department have prepared amendments to the City Landscape Manual which would implement the water conservation measures called for by AB 325, include specifications and requirements unique to Public Works projects; and which would also update the Manual to current practice from its last revision in 1978; and WHEREAS, such amendments are so extensive it is desirable to completely replace the existing Manual with a Revised Landscape Manual; and . WHEREAS, said amendments to the Landscape Manual require certain technical and procedural amendments to the Municipal Code; and WHEREAS, the Environmental Review Coordinator has determined that the amended Landscape Manual is exempt from environmental review as a regulatory measure designed to enhance the quality of the environment (Class 8 exemption under CEQA), and a Notice of Exemption was filed with the County Clerk on August 5, 1994; and WHEREAS, on July 21, 1994, the Parks and Recreation Commission voted 6-0 to recommend approval of the public landscaping section of the Manual; and WHEREAS, on July 25, 1994, the Resource Conservation Commission voted 5-0 to recommend approval of the amended Manual and associated code amendments; and, WHEREAS, on September 28, 1994, the City Planning Commission voted 6-0 to recommend that the City Council adopt the revised Landscape Manual, enact the associated amendments to the Municipal Code, and repea1 Council Policy #476-04 in accordance with Resolution PCM-94-20IPCA-94-02; and . WHEREAS, the City Clerk set the time and place for a h~g on said revised Landscape Manual and associated amendments to the Mwpcipal Code, and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and fi;f"/ - I-~ j! WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 8, 1994, in the Council Chambers, 276 Fourth Avenue, before the City Council and ""'"' said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chu!a Vista does hereby find, determine and ordain as folIows: SECTION I: Tliat the public necessity, convenience, general welfare, and good zoning practice justify the amendments, and that the amendments are consistent with the City of Chula Vista General Plan. SECTION II: That Section 1710.050 of the Chula Vista Municipal Code is amended to read as folIows: 17.10.050 Park Development Improvements - Specifications - Appeal. In addition to the dedication of land as required in Section 17.10.040, it shall be the responsibility of the subdivider to develop aII or a portion of such land for neighborhood or community park purposes to the satisfaction of the Director of Parks and Recreation anfl the Pafi(S BIlS Reereatisa CSffifliis3isB is aeeefElanee -.~1h the fellewillg eriteria. <,\U~s.$I1fllLiriql~~~~t9!1p~~!il~~i~\~.t9!!~~bg ~n~~~=~(~~~~~~=~;~~r!!;iffi~!p~j~i!~m~~~~n~~th ~ A. P8flde.ass ere ta l3e grades ~~j~Ur~ in accordance with a plea y:aiell shall Be s\:lsjeet te the apprs-.;ai' Elir'eeter af J!aflE5 ana ,eereatisB L8fuise8J'e Phms. the .~.'..QI;~i~ns~t.~~.'.i~'.'~WH......~....b~~i~;~q~~..~\llll. B. I.II street impra':emellts sfteIl l3e illlMlIes. lftijy~!~~.~I~!Pd!o;i~~i 1.>p~lIe~~!Wi. f" i.i\~ft~(!mP~()y~~qt~, ~i:.\!J:jg~!l(~~i_ii ~i;i?~;~~~_i ~i,ll':;!:;\mlIl._!it.; 5; ~ ...........""......'.... '__n... __, 7: ...:...'..........1i!!~~pj;i1l!!!I!Ii:.~;~fl.~;~~... """ f:\home\p1anning\ 1490. 93 -";tJ~.l . 1_(0 Page 2 . . C. D. B. F. 8, ..^~~in:iiationsystenl Pi .....~i.*Mp?Pliij~~~wi.y ~Q<i ~!~~..~.................................IIII........l...m...... !~j. ;P!.... ~~~. ~m.........................~..........~.........~...............i~...................9'l.,~.~* tij~DlUi:f~ ..Diliih1Oi1iidiViaUlU ... ....... .itil...~'.. Shall I~~lj);....... ........L...;............................iiLi....L..,;...............;!ll1'ITAf}....IE..............................ms.................... '~;.;a.!ii~..~mB...!,lie!!I,i9Y.~.I.~~~jD_l~. 11;irt~1r_j~l!!m.(~~~lfiS~y~i9._rRt~!9f .,.. ...~~~~~~r..i1'i~yi~a...ftiiii~~j~~~le;. OniibasCbaltl$OfibaU field I!IbaII be vided for ev 5,000 peolJl~... ....... ... .... ... .Pt'O .... ..... ery c. .. .anebaSketb811. (;j)Ul't ~an ~provided. foreveryS;~O peliple. b. d. On ti fd &fuiIl be "dedfi ... .... .10000 I . .... e soccer Ie . .pt'OVl or every. . peal' e. All utilities shall be extended to the property line. An 8at9ffiatie iRigatieB system shall he iaskllled. THrf 9k811 he iSM811ea. LanilseBj:1iBg, iBehuliag Hees, slL-1:i9s and ether ,lam matefial, shall Be plaJltetl iB aeeeraanee ,:Ath the City's Landseal'e ~ieflll81. G. A eeBeretl ,:;alli-,vt\3' system sfiall he iftstallea. II. PeAr MUM'S, 9YM &5 Mlfl8ge, 1I.~le8, "SBeBeS, web reeel'1eeles, tkitlJHBg fsltM8ias. ana hike MeltS, shell he installes. Ie ft. Sreinage system shall ee installed, if ReeesS8fy. J. Pl~ &reM, Vt.~th ,"mE fer pM seResl., and primary &ekeel age ehildreB shell Be insteIlea. K. L. . M. 8eel:lfhy lighting Hul1tPes ...1 "8 jWe",ided. ORe piems shelter shaUBe I',s.;iaed fer e.:e~' 1 ,999 ~e8J31e. OBe temHS eellrt shall 13e IUS\'ided fef e'/ery 2,QQQ J'eeJ3le. f:\homc\p1annina\J 490. 93 Page 3 ~ 17- " ')" ')? , "'"' ~1. ORe 9B!le9allineFteall fiels shall ge Jlrevises fer e'/e~' 3,QQQ JleeJlle. O. ORe audti JnlFJ'8se ee\ift fer 1:Jaslte1haU sam -:elleyeall, and ha&miBtsB shall ee iBsmlleEl ~fe./ideEi fer sWIer;' 3,999 pesl'le. P. ORe saseer Hela shall he esasltletea fer e-;efY 19,999 }3eep1e. 0; In addition to those items listed above, the following facilities shall be required in a community park: Q.~; One 50 meter swimming pool with related facilities, such as ere5siRg WCk<# rooms, will ge e8R5ffiletes ~l~PJ;l'!vJ~ for every 20,000 people. .... ........ . . .. .. .. ... R:-2. One community center and gymnasium, ~;~Q(l!iQuaref~mirii1llurn, '.viii ge eeRstmetes shall be provided for every 24,000 people... &3. One lighted softball field shall be develefles PJ;9jQ.4~d for every 5,000 people. .. ................... H. A restroom(~ritepllht:e facility sftall ge eeBGtRieted ~~Yi9priate1'y -. toaccomqtOdatefllcjljtiesJ~ in ~ @l community park MS Hlay i he eSRstnietee iB eeigkharBss8 parks. .. ..... SECTION III: That Section 19.14.485 of the Chula Vista Municipal Code is amended to read as follows: 19.14.485 Landscape plan approval-Purpose-Required when. The purpose of landscape plan approval is to determine compliance with this title and the provisions of the landscape manual of the city. Landscape plan approval shall be required for the following projects: Multiple-family, commercial, industrial, planned unit development, unclassified uses, remodeling over left ~ thousand dollars for the above uses, developments with precise plans, parking 10tsWitb five or more stalls and graded slopes. SECTION IV: That Section 19.14.486 of the Chula Vista Municipal Code is amended to read as follows: 19.14.486 Landscape plan approval-Application-Accompanying documents-Fee$4 1Pm~ ~i Application$ for landscape plan approval shall be made to the direeter ef JlIIlfl..:HBg . ~l:l8~; and shall be accompanied by the drawings and information prescribed by the landscape manual. Each application shall also be accompanied by the Required Filing Fee(s). """ ~A""" .. f:\home\pllMing\1490.93 1-1"2- Page 4 . . . B:~~!i SECTION V. That Section 19.14.030 of the Chula Vista Municipal Code is amended to read as follows: 19.14.030 Zoning administrator-Actions autborized witbout public bearing. The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing: A. Conditional use permit: The Zoning Administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: I Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question. 2. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. 3. For signs, as defmed herein, and temporary tract houses, as limited herein. 4. The Zoning Administrator is authorized to consider and to approve, deny, or modify applications for conditional use permits for carnivals and circuses. The Zoning Administrator shall set the matter for public hearing in the manner provided herein. 5. Churches. 6. Establishments that include the sale of alcoholic beverages for off-site use or consumption, located in the CoN zone. The Zoning Administrator shall hold a public hearing in accordance with Sections 19.14.060-19.14.090 upon giving notice thereof in accordance with Sections 19.12.070-19.12.080. A conditional use permit shAn not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence f:\bome\pIaMing\1490.93 l' ~1 J ..- 1-' ~ Page S I)' ')J in view of the entire record, that all of the facts required by Section 19.14.080 """ exist, and that approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (1) the number and location of existing facilities; (2) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (3) the impact of the proposed facility on crime; and (4) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including but not limited to limitations on hours of operation. The City Council shall be informed of the decision on each such permit by the City Clerk when the decision is filed in accordance with Section 19.14.090. The decision of the Zoning Administrator may be appealed. Such appeal shall be directed to the City Council, rather than the Planning Commission, and must be filed within ten (10) days after the decision is filed with the City Clerk, as provided in Section 19.14.100. If appealed within the time limit, said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to Sections 1914.120 and 19.14130, except that the Council must make the same written findings required of the Zoning Administrator herein, in order to grant the permit. """ B. Variances: The Zoning Administrator shall be authorized to grant variances for limited relief in the case of: 1. Modification of distance or area regulations; 2. Additions to structures which are nonconforming as to side yard, rear yard, or lot coverage, providing the additions meet the requirements of the zoning ordinance affecting the property; 3. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed twenty percent of the requirements imposed by ordinances. C. ~:i Jl~ e~~~:~c:r~!,~!~~!i!fa:r;>~~al .i.f.~;; approval as provided herein. D. Performance standard procedure. The zoning administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedures, as provided herein. """ f:\homc\planningIl490.93 jj,-/J ... &. . I-I"-{ Page 6 . . . E. Home occupations. The Zoning Administrator shall be authorized to grant permits for home occupations, as defined and regulated in Section 19.14.490. ; F. Fees. A fee, in the amount as presently designated or as may be in the future amended in the Master Fee Schedule, shall accompany each application for a variance or conditional use permit or modifications thereto consider-ed by the zoning administrator without a public hearing. In regard to applications on any of the aforementioned subjects, the Zoning Administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested person as defined in this title. In the event objections or protests are received, the zoning administrator shall set the matter for public hearing as provided herein. SECTION VII. This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by 1) ruce M. Boogaard City Attorney Robert A. Leiter Director of Planning r,\home'l>lInninl\l49O.93 -1-1,9- i 1-15/7-/7 Page 7 1) j . . . COUNCn. AGENDA STATEMENT Item J 1 Meeting Date--= )( I '-/C:.lq~ Public Hearing on Adoption of the Salt Creek Basin Gravity Sewer Analysis and Establishment of the Salt Creek Sewer Basin Development mp~tFee V~~ ~O Ordinance .t617Establishing the Salt Creek Sewe~ ~~~~ment Im~t Fee to Pay for Sewer Improvements within ~ Creek Sewer Basin 'O",c,O~O SUBMITtED BY: Director of Public worksrop" ItEVIEWED BY, City -.Ji b 6;;!l (4'.... Y..., YsJ.JO The Salt Creek Basin Gravity Sewer Analysis was prepared by Wilson Engineering to recommend sewer improvements necessary to convey sewage flows from the Salt Creek Sewer Basin to existing or proposed downstream sewerage f~ilities. Based on the Analysis, a Development Imp~t Fee of $284 per Equivalent Dwelling Unit (EDU) should be established to pay for these facilities. ITEM TITLE: RECOMMENDATION: That Council conduct the public hearing, place the Ordinance on the first reading, and authorize the Mayor to sign the a~hed letter to the San Diego County Board of Supervisors. BOARDS/COMMISSIONSRECOMMENDATION: The Resource Conservation Commission voted 4-0 to approve the Negative Declaration for this project at its meeting on October 10, 1994. DISCUSSION: Preparation of the Salt Creek Basin Gravity Sewer Analysis (Report) by Wilson Engineering was completed in November 1994. This Report includes an estimate of sewage flows, recommends the type, size and location of improvements needed to transport basin flows to downstream facilities, and establishes a .Benefit Area Fee. to fmance the construction of these improvements. The study area of the Report includes four .properties. located within the Salt Creek Sewer Basin and portions of the Otay Lake Sewer Basin. Flows from EastLake and portions of Salt Creek Ranch and Otay Ranch are tributary to the Salt Creek Sewer Basin. These.flows will be pumped into the Telegraph Canyon Sewer Basin until facilities are available in the Salt Creek ~ ~ - \ 1,~ "'~. Page 2, Item 17' Meeting Date~ '"'" Sewer Basin. The Telegraph Canyon Pumped Flow Report provides for the construction of interim facilities in the Telegraph Canyon system if they are needed to carry these flows. Flows from adjacent properties and portions of Salt Creek Ranch and Otay Ranch are located within the Otay Lake Sewer Basins. Since the Otay Lake Sewer Basins drain naturally into the Lower and Upper Otay Reservoirs, development within these basins will require the permanent pumping of sewage into the Sail Creek Sewer Basin. These pump stations are not included in this Report and should be fInanced in accordance with Sewage Pump Station Financing Policy No. 570-03. 1 The Report recommends the construction of the Salt Creek Interceptor within the Salt Creek Sewer Basin to transport sewage flow from these properties to future downstream transmission and treatment facilities. The interceptor would begin just south of Proctor Valley Road and continue south adjacent to Salt Creek and then west to terminate approximately 1500 feet east of Otay Valley Road. Since there are no existing downstream City of Chula Vista facilities capable of handling the flow, three options for downstream facilities were considered: 1) Construction of a new Otay Valley Water Reclamation Plant, 2) Construction of an additional trunk sewer, parallel to Main Street, which would discharge to the existing Metro Interceptor located adjacent to Interstate 5, and 3) Connection to the City of San Diego's Otay Valley Trunk SewerlPrison Line. City of San Diego staff have indicated that they would be willing to consider selling permanent capacity in the Otay Valley line, although they would probably not agree to rent capacity on a temporary basis pending construction of other facilities. The feasibility of Options 2 and 3 would depend on the availability of capacity in the Metropolitan Sewerage System. ~ The Salt Creek Interceptor was broken down into nine segments (referred to as .reaches. in the Report). Reaches 1 through 8 include the proposed sewer line from the southern end of Salt Creek Ranch to approximately 1,500 feet east of Otay Valley Road and have an overall estimated construction cost of $ 8,170,678. Reach 9 connects Reach 8 to the Metro interceptor and has an estimated construction cost of $9,897,189. Reach 9 will not be needed if the Otay Valley Water Reclamation Plant is constructed or if Reach 8 can be connected to the City of San Diego's Otay Valley Trunk Sewer/Prison Line. Since Reach 9 is a regional facility which would probably receive flows from other basins, it is recommended that its construction be fInanced through the regular Chula Vista sewer capacity fees. The Report assumes that construction of Reaches 1 through 8 will be fmanced through the enactment of a Development Impact Fee (Fee) payable by all developers located in the benefit fee area (Exhibit 1). The fee per Equivalent Dwelling Unit (EDU) was calculated using three methods. Method One utilized the total cost estimate for construction of these portions of the interceptor. The cost per EDU was calculated based on the total ultimate number of EDUs requiring sewer service in the Otay Lake and Salt Creek Basins. Under this method, all properties would contribute the same fee per EDU regardless of where their flows enter the Salt Creek Interceptor. Under Method Two, the percentage of projected flow from each of the fIve ""'" properties was estimated for each reach of the interceptor. The costs were distributed in , accordance with these percentages, an(l a separate cost per EDU was calculated for each P' :1.- ~ -'2- . . . Page 3, Item~ Meeting Dat~ property. Method Three utilized the projected flows that would contribute to each reach of the interceptor. A cost per EDU per reach was calculated by dividing the total number of EDUs contributing to each reach by the total cost of construction for each reach. Method 1 is recommended as the most equitable method to fund the construction of the Salt Creek Interceptor. This method provides for a uniform cost per EDU to all developments within the study area regardless of where the flows enter the interceptor. Since all developments would be provided with the same service, it is equitable for all developments to be charged at the same rate. The fee was calculated to be $284 per EDU, based on a total of 28,737 EDUs discharging to the interceptor and a total cost of $8,170,678 including contingencies. This rate was based on the assumption that an EDU is equivalent to the discharge from a single family residence or 250 gallons per day (gpd). This flow rate per EDU was used for fee purposes in order to be consistent with the Telegraph Canyon Sewer Pumped flows DIF. This fee would be payable at the time that building permits are issued and would be in addition to the existing sewer capacity charge of $2,220 per EDU. The fee will be adjusted annually to reflect the varying cost of construction and inflation and to reflect any changes in proposed development within the basin. We provided the EastLake Development Company and the Baldwin Company with information on the Report preparation at various stages. Their comments were considered in the preparation of the final Report. A copy of the Report was sent to the EastLake Development Company, the Baldwin Company, San Miguel Partners, the Olympic Training Center and the Construction Industry Federation for their information and review. All other known developers and property owners were notified by a letter dated October 5, 1993 that a copy of the Report was available for review. A public meeting was held on October 18, 1993 to discuss the Report and staff recommendations for establishing the fee. Although all known developers and property owners were notified of this meeting, only the EastLake Development Company was represented at the meeting. Their major concern was indicated to be the possible double billing of developments for the Salt Creek Sewer Basin and the Telegraph Canyon Sewer Pumped flows Fee. This issue was resolved by providing the option of a Letter of Credit for the applicable amount of the Telegraph Canyon Sewer Pumped flows Fee in lieu of paying the fee in cash. This letter of Credit would be placed on deposit with the City at or prior to the time a subdivision map is approved by the City for a unit of development subject to the Fee. It was acknowledged by EastLake that the Salt Creek Basin Fee would need to be paid in cash because the Salt Creek Interceptor (Reaches 1 through 8) will be constructed as long as any development occurs in the Salt Creek Sewer Basin, whereas the Telegraph Canyon Pumped Flows improvements will not be constructed if facilities in the Poggi Canyon and Salt Creek Sewer Basins are available. p-J ~-~ Itl Page 4, Item / ~ Meeting Date--= ""'"'" An Initial Study application was fLIed with the City of Chula Vista Planning Department in accordance with CEQA requirements. Initial Study No. 94-24 was used as the basis for the Negative Declaration which is being submitted with the proposed ordinance for Council approval at this time. The initial study determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report was not required. Additional environmental review will be necessary when the exact location of the sewer interceptor has been determined. 1 Several developments and/or parcels in the Otay Lake Basin are within the unincorporated portion of the County of San Diego. These parcels would be potentially affected by the construction of the Salt Creek Interceptor, since it would be the only available sewer service in the area. If these parcels were to be developed, sewer connection would probably be required, and annexation to the City of Chula Vista mayor may not be feasible at the time sewer service is needed. It is proposed that an agreement between the County of San Diego and the City be prepared prior to construction of the Salt Creek Interceptor in order to resolve annexation and sewer capacity issues. The Salt Creek Sewer Basin Development Impact Fee was based on this County area participating in the program. If the County elects to not cooperate, the fee will need to be increased by approximately $3.00 to $287.00 to reflect a lower number of EDU's. Because of design considerations no reduction in the size of facilities would be realized. ""'" At a meeting on November 2, 1994 with County of San Diego personnel, City staff discussed the applicability of the Salt Creek Basin Gravity Sewer Analysis to properties within the unincorporated County area. County staff requested that a letter be sent from the Chula Vista City Council to the County Board of Supervisors. This letter (attached) requests that County staff be directed to cooperate with City staff in the preparation of an agreement regarding County use of the Salt Creek Interceptor. FISCAL IMPACT: Passage of this ordinance will result in revenues of approximately $8.17 million. The Fee will be adjusted annually to reflect the varying cost of construction and inflation and to reflect any changes in proposed development within the basin. These revenues would be specifically used for construction of sewer improvements in the Salt Creek Sewer Basin. Attachments: Exhibit 1. Salt Creek Basin Benefit Fee Area Exhibit 2. Minutes of the Resource Conservation Commission Meeting October 10, 1994 Exhibit 3. Negative Declaration IS 94-24 Exhibit 4. Minutes of Regular Meetings of the City Council, March 8 and March IS, 1994 Exhibit 5. Ordinance No. 2582: Telegraph Canyon Pumped Flows Development Impact Fee ""'" BVH1ST .003 (M:1bomeJ...-....w_..13) ~ ~-'-1 ORDINANCE NO. ,l/,I'} . AN ORDINANCE OF THE CITY OF CHULA VISTA, O<(,\\Q~ CALIFORNIA ESTABLISHING THE SALT CREEK ~'Y SEWER BASIN DEVELOPMENT IMPACT FEE TO c,. ~\) PAY FOR SEWER IMPROVEMENTS WITHIN ':J1D.~ SALT CREEK SEWER BASIN AS A COND~)}'tjF ISSUANCE OF BUILDING PERMITS ~'Y'\F .. WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, . WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego from which wastewater will flow by gravity from Salt Creek into the Otay River Valley. The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map. This map is also included as an attachment to the Salt Creek Basin Gravity Sewer Analysis; and, WHEREAS, Wilson Engineering has prepared the Salt Creek Basin Gravity Sewer Analysis ("Report") dated November 1994; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins will create adverse impacts on the City's existing sewer facilities--to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated from new development within these Basins--which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting from the construction of these facilities; and, WHEREAS, on October 18, 1993 a public meeting was held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for establishing the Salt Creek Sewer Basin Development Impact Fee; and, . pf~ .q -.5 ui '/ WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-94-24, of """ potential environmental impact associated with the proposed Project and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-94-24; and, WHEREAS, on November 22, 1994 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review "'"'\ That the Project will have no significant environmental impacts, and the City Council of the City of Chula Vista hereby adopts the Negative Declaration issued on IS-94-24. SECTION 2. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk as Document No. , and on file in the Office of the City Engineer. SECTION 3. .Facilities. . The facilities which are the subject matter of the fee herein established are fully described in the Report at page 10, Table 5 thereof, and the locations at which they will be constructed are shown on Exhibit . A ", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list (M:homel....io=la&.....I.....diI) Salt C=t Buin DfF Page 2 "'"'\ /7-t, -r "!l-C- . of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 4. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth on Exhibit" A " , and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. SECTION 5. Purpose. The purpose of this ordinance is to provide the necessary financing to construct the Salt Creek Interceptor within the areas shown in Exhibit "A". SECTION 6. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development . project within the Territory, is hereby established. SECTION 7. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION 8. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 6 in the Report. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. . (M:bame""'......lIaeodal....d;O Salt erect BuiD DIF Page 3 .P-7 ~- -, The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. ""'"\ SECTION 10. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The Fee shall be calculated at the rate of $284 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: .C. Salt Creek Sewer Basin Development Impact Fee. '"""" This section is intended to memorialize the key provisions of Ordinance No._ , but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit . A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $284 per EDU, which rate shall be (M:......\coa......\og.....I....dil) Sah Crcet Bum DIP Page 4 """" .pj- j.& '8-"6 . . . adjusted from time to time by the City Council. c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 6 of the Salt Creek Basin Gravity Sewer Analysis, "Flow Rates and Equivalent Dwelling Unit Factors". d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. " The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. IM_\arciaoa\oc....""h.d;O Sale. Creek Buin DIP Page 5 J:I-1 'i -~ SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of issuance of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. """"' SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate """"' estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the (M:.....\cocioccrloc....lIoIl.dil) Salt Creek Basin DIP Page 6 ~ P,y; 'g-\b . . . developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (I) Detailed descriptions of the Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon (M:......Ieotm.eNc.....'u1l.d;O Sah erect BaliD DIF Page 7 ft-1L- " ~ - \ \ demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. "'" (7) The developer shall advance all necessary funds to design and construct the project. (8) The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. """" (11) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the (M:bomc\qiDc:er\agmda\saIt.dit) Soh Crod: IlasiD DIP Page 8 -..., ...-J!l ,.:L ~ - 1"'2- . developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. . Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount . (IoI:..........ioceNceodalu1t.diO Sah Creek Bum DIF Page 9 ~ 'l?,-\ ~ equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. """" SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. """" For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. (M:......_......lacondolult.d;O Salt Creek Buin DlF Page 10 '"""" 17 'Y --.- , ~-\'-{ . . . SECTION 24. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by John P. Lippitt Director of Public Works Exhibits: A. Salt Creek Basin Sewer Study Map B. EDU Conversion Factors For Financial Analysis __ 14.1994 (M:_""'iIlcerII&codalsal1.d;O Salt Creek Daio DIP Page 11 ,t .-< 7>/~ ~-'15 EXHIBIT B ~ EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS .. Land Use Sewage Flow Rate EDU Factor Residential - SFD 250 gpdlDU l.00/DU Residential - Multi-Family 187 gpd/DU 0.75/DU Commercial 2,500 gpd/acre 10.00/acre High School * 20 gpd/student 0.08/student Junior High School * 20 gpd/student 0.08/student Elementary School * 15 gpd/student 0.06/student Park 500 gpd/acre 2.00/acre O.T.C. Training Facility 250 gpd/DU l.00/DU O.T.C. Residential Dorms 80 gpd/person 0.32/person O.T.C. Support Staff 80 gpd/person 0.32/person O.T.C. Visitor Center Acres 4,000 gpd/acre l6.00/acre CPF 2,500 gpd/acre 10.00/acre ~ O.T.C. - Olympic Training Center CPF - Community Purpose Facilities * If number of students is not provided, use 1000 gpd/acre or 4 EDUlacre ~ {M,....."""""'"''''.....\saIt.d;O Sah Creek Balm DIF Page 12 .P-ff '2$'-\ t.. / <6- /7 . COUNCIL AGENDA STATEMENT ITEM: Ii MEETING DATE~ or '7./~/q,,\ 19, ~~~ Public Hearing: Considering Abating the Scheduled 1995 Business License Tax Increase to Retain Business License Taxes at the Current Calendar Year 1991 Level Resolution 11?~Aating the Scheduled Calendar Year 1995 Business License Tax Rates for One Year and Retaining Business License Taxes in Calendar Year 1995 at the 1991 Level, as Provided for in Ordinance 2408, with the Exception of Taxes on Specific Businesses Which were Adopted by Council Ordinance After January I, 1991. ITEM TITLE: . Related Item: not Dart of the public hearinl1: ~o,?\\O~ 8. Ordinance.:l "/~mending Chapter 5.60 of the Muni~~8t~Related to Business License Taxes and Regulations of Ve~lind Amusement Machines .p~\> SUBMITTED BY: Director of Finance ~[]I\ REVIEWED BY: City Managerj'; ~ tJ;!t) J (4/5ths Vote Yes_ No.JO Public Hearin, and Tax Abatement Resolution - This public hearing is being conducted to discuss the advisability of abating the business license tax increase scheduled for Calendar Year 1995. On October 25, 1990 the City Council passed Ordinance 2408 which adopted increased business license tax rates which were to be phased in from 1991-1993, with annual increases of 6% to occur in subsequent years, beginning in 1994. Ordinance 2408 also provided Council with the ability to abate the scheduled business license tax increase during any year, for a one year period only, to any level chosen as long as the tax rates did not fall below the 1991 level. Due to the economic downturn, the City Council abated the scheduled tax increases in 1992, 1993 and 1994. Thus the current tax rate for the majority of businesses has remained at the CY 1991 tax levels. The revenue estimates contained in the current FY 1994-95 budget reflect an abatement of the scheduled CY 1995 tax rates to retain taxes at their current level. If Council does not pass an abatement resolution prior to January I, 1995 tax rates for the majority of businesses will more than double. Staff may return to Council with a report prior to adoption of next year's budget recommending some increase in tax levels for CY 1996 , if the revenue outlook for FY 1995-96 does not improve. . Notification of the public hearing and copies of this report were sent to the Chamber of Commerce, the Broadway Business Association, the Downtown Business Association and the Bonita Professional As~iation. ~4-\ ~b Page 2, Item ~ Meeting Date r """'" -1 Ordinance Amendinl!: Chlijlter 5.60 of the Municipal Code - The proposed ordinance change to amend Section 5.60 of the Chula Vista Municipal Code is intended to clarify responsibility for the payment of license taxes for vending and amusement machines. This taxation ordinance is administrative in nature and will not increase taxes on any licensed businesses. Passage of this ordinance will enable the City to collect taxes and ensure licensure of unlicensed vending and amusement machines located in Chula Vista. Passage of this ordinance will also exempt laundry machines and newsracks from business license taxes, making the Code consistent with state and federal laws. RECOMMENDATION: That Council: 1) 2) 3) Conduct the public hearing; Adopt Resolution /?7J(rabate the scheduled CY 1995 business license tax increase for one year, retaining taxes at their current levels, and instruct staff to send a letter to all business with their license renewals, informing them of Council's decision to abate the 1995 tax increase; That Council place Ordinance oJ&' /~ its first reading, making necessary administrative and legally-advised changes to the Business License Ordinance. -.., BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On October 25, 1990, the City Council adopted Ordinance 2408, approving a business license tax increase. The new tax rates were to be phased in over a three year period, beginning in 1991; with 6% increases in subsequent years to account for inflation. This schedule was adopted to provide businesses with the flat rate/per employee tax structure they requested, while at the same time ensuring that tax rates were not eroded in the future due to inflation, necessitating large future adjustments. To allow maximum flexibility Ordinance 2408 also provides Council with the ability to conduct a public hearing and abate all or a portion of the tax rate for a one year period, to no less than the CY 1991 tax rate. If Council does not abate the tax in any given year, the taxes for all business will automatically be increased to the level specified in the Master Tax Schedule for that calendar year. In 1991 the first year of the tax increase went into effect. However, shortly thereafter the economy experienced a substantial downturn. As a result, Council abated the scheduled tax increases in CY 1992, CY 1993 and CY 1994 in response to the continued economic recession -.., ~ '1'-z-- . . . Page 3, Item / Meeting Date ~ and concerns expressed by local businesses. Therefore, current business license tax rates for the vast majority of businesses have not increased since 1991, and are currently set at the CY 1991 levels as shown in Table I. If Council does not abate the scheduled CY 1995 tax increase via resolution, taxes for the majority of businesses would more than double, due to the abatement of the scheduled increases the three previous years. Table I shows the impact this tax increase would have on a typical business as well as on City revenues. For example annual taxes on the two most common business types would be affected as follows: o The tax rate on a general business would increase from $52.50 plus $6.50 per employee to $117.97 plus $14.60 per employee o The tax rate per professional would increase from $105 to $235.95 TABLE I-Impact of Scheduled 1995 Business license Tax Increase on Various Businesses and City Revenue IN-CITY BUSINESSES - Aver8l!e Tax Regular business (average 4 employees) Current Taxes CY 1995 Scheduled (CY 1991 Level) Taxes 78.50 176.49 117.50 264.25 68.75 154.54 105.00 235.95 25.00 56.18 Manufacturer: with 20 employees with 5 employees Professional New business (reg & mfg wI under 5 emp.), new professional I FY 94-95 BUS LIC TAX - REVENUE ESTIMATE Estimated increase in revenue 900,000* +0 1,605,400 +705,400 "Cuneo! _enue eotimale Although the City of Chula Vista has one of the lowest tax rates in the County and State and should eventually move to increase the tax to account for the drain from inflation over a long period, now is probably not a good time to raise these taxes. Unlike most cities whose business license taxes are based on a business' gross receipts, Chula Vista's tax is based on a fiat rate plus a per employee increment. Gross receipts-based tax structures automatically adjust for recessionary and inflationary periods. Flat rate structures must be frequently adjusted to account for inflation or other economic changes. While the ordinance has built in protections against ~-~ Page 4, Item Meeting Date inflation eroding the tax rate, only through abatement can the tax rate be adjusted to account for NCeSSions. If the rate is not adjusted accordingly, the relative tax burden on a business will be highest during poor economic times and lowest during prosperous times. Once the economy picks up staff can provide the Council with various options to phase in the tax increase at a slower rate based on local economic conditions and Council policy direction. '"""" .; Business license tax revenues have increased in spite of the current business climate. Even though the number of businesses in the City has not increased substantially and tax rates have not been raised business license revenues were over $300,000 more in FY 1993-94 than in FY 1990-91. These revenue increases are due to the successful implementation of the business license enforcement program which has targeted out-of-City contractors and unlicensed City businesses. Staff believes revenues can be maintained at current levels or possibly somewhat increased during CY 1995, even without a tax increase as current enforcement efforts continue and efforts are expanded in the area of vending and amusement machine licensing. The Ordinance proposing language changes to Section 5.60 of the Municipal Code is designed to affix responsibility for amusement and vending machine licensure to the establishment where the machine is located. The proposed revisions also specifically exempt from taxes any vending machines for which 80% or more of the receipts go to a non-profit agency. Lastly, the ordinance revisions bring the City's Municipal Code into conformance with State and Federal laws requiring the exemption of laundry machines and newsracks from business license taxes. Passage of this ordinance should result in additional General Fund revenues of over $5000 per '"""" year due to enhanced enforcement abilities related to licenses covered by Section 5.60 of the Municipal Code. Alternatives If Council does not wish to abate the tax to the current tax level (CY 1991 rates), the tax can be set at any rate between the current CY 1991 tax rates and the scheduled CY 1995 tax rates. Table II, on the following page, presents 5 alternatives and the impact adoption of a particular alternative would have on common businesses as well as General Fund revenue. Option #1: Retain the current tax rate (which is the CY 1991 base tax rate which has remained in effect for the vast majority of businesses from January 1991 until now) Qption #2: The current tax rate (the CY 1991 base tax rate) is increased by the estimated San Diego Consumer Price Index (CPI) for CY 1994 which is 2.6% """"'1 ~ 9'-~ PAGE 5. ITEM MEETING DATE !l ili . ~. c: ~ ~ "'. '" "'I"- \0 00 - - $'" 1-' .... '" ~ - ",!", l"- I"- 00 :;: -c ~~ '" -D S....; ....; ....; - E'" r- ..., \0 ....;+ - ....- .... '" -.... ..., ..., - .... .. 0- t u -< ." th 88 ; 8 8~ 8 8 88 8 8 8 NN o . I r..: .,;r..: c:i ~ 00 00 '" ..., ..., - ~ ~~ ~ ~ ~~ i - ....- .... - ....;+ .. .- i!J ~~ II} i 8 8~ ~ ~ 88 8 8 lQ ~.." c: oci ~a '" '" ~~ c:i ~ ~ -- - '" .... ..., ~ - -- - ..., .... - ....;+ .. e -- ~~ a f' ... ... ~..., ~~ c: Iii 0\ .... 00 &lln '" $l ~ ~~ '" . 00 00 In .00 In C> -c 0\ . In ~ '" . -D ....; ~ ....'" - 00\ rl 00 _I"- - -- - ..., C> .- .. ~ + 0 -- ~~ l ;:.. ~>> . \0. ..., ~rri' .",t!. "" :2 ~tt ~ 00 !iO 1 5 '" "1", l"- I"- NN .. g c' S In ocioci c:i ....; 0\+ I::: ....0 '" _r- - N 0\ - - ..., I"- ~.. ~ + -;11 i~ ~ ~ ~1I'l 8 8 88 8 8 8 l!~ .1"- ~ ~ ~ 1"-0 ~ i~ iii ~ ~ ~ :e8 - - c: fl .- ~ ...:i I < iii :E .- 01 ~ II} I' i I Ii 1 ~ II} J g tJ .- i C>._ ; i iw '" i fit al ~ . ~ ffl OW -. "! . D- .t! Non c: .1::1 I i!! 0.- f r i tb C> '1 :I !3 ~~ i II'l :;:\0 ~e .5 w c: I Q. .5 t.l .- ..... :31 ..5 c w 1 = I ,!. i c I .. '1 ~ .- . I 1 E .- ~ !Sl;! I ] iii .. c ... .88- .Il'- = .- II g E !l E E ~~ ~ 'r;; llIl I II ~ l I oS Ii c: tl ! II .- i '" II iA ~ ! I <! : E ~~ < ~ Page 6, Item I. Meeting Date ~ Option #3: The current tax rate (the CY 1991 base tax rate) is increased by the cumulative increase in the San Diego CPI for 1991, 1992, 1993 and estimated CPI for 1994, or 10.3% Option #4: Replace the current tax rate (1991 base tax rate) with the scheduled 1992 base tax rate Option #5: Replace the current tax rate (1991 base tax rate) with the scheduled 1993 base tax rate Ootion #6: Replace the current tax rate with the 1995 scheduled tax rate (the original 1993 base tax rate X 1.06 X 1.06) (6 percent is the 1994, 1995 and subsequent calendar year rate increase per the Master Tax Table) FISCAL IMPACT: The revenue estimates in the current FY 1994-95 budget were calculated with the assumption that business license tax rates would remain at the current CY 1991 levels. If the Council decides not to abate the tax, or to only abate a portion of the tax, the City's general fund revenue for this fiscal year would increase. For example, allowing the tax to go up to the scheduled CY 1995 level would result in an estimated increase in General Fund .."""\ revenues this fiscal year of $705,400. Abatement of the tax to current levels will have only a minimal impact on next fiscal year's revenues since the vast majority of business license revenues are collected between January and April of each year. Staff may come to Council during the FY 1995-96 budget process with a report which outlines various options for increasing business license tax revenues in CY 1996 to receive Council direction. ~ ,fi'''~ ~-<a . .,~ ~\\\J AN ORDINANCE OF THE CITY OF CHULA VISTA ~~\) 'ii>O AMENDING CHAPTER 5.60 OF THE CHULA ~ \"". MUNICIPAL CODE RELATED TO BUSINESS LIC . TAXES AND REGULATIONS OF VENDING AND AMQ, NT MACHINES Q~'Y _GO. ~v. ORDINANCE NO. J,(,IY SECTION I: That Chapter 5.60 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 5.60 VENDING, WEIGHING, MUSICL AMUSEMENT~ ~ VIDEO MACHINES ~ NEWSnAGKS28 sections: 5.60.010 . 5.60.020 5.60.030 5.60.040 vending, weighing, music, amusementT .I.M video machines 8a4 ftews~8.ks- License Tax-Re.eip_sLicense to be attached to machine. Repealed. Repealed. aepealed. 5.60.010 Vending, weighing, music, amusementT ~ video machines aft4 aews~a.ks-License Tax-Re.ei,_sLicense to be attached to machine. Every person eefulae't.iftlJ, 1Il8liagiRIJ SE" earryifttJ 8ft tk6 I9lisiRess af epeE'8'kiFUJ BE' maiR'taiRiJuJ allY who onerates a business which has. on the Dremises on which the business is located. a vending, weighing, music, amusementT 2I: video machines er fte-.Jsrae)Es operated by a coin or a slug shall pay a tax as presently designated, or as may in the future be amended, in the Master Tax Schedule, Section 5.60.010, in addition to any other license tax required by this Chapter. This tax is seDaratelv assessed as a business license tax indenendent of the Drimarv business conducted on the nremises. Postage machines. newsracks and laundrv machines are exempt from license taxes. as are vendina machines for which at least eiahtv Dercent of the Droceeds from the ODeration of the machines are made available to a non-Drofit oraanization. and are shown to the satisfaction of the citv Finance Officer to be available to a non-Drofit oraanization and are labeled to the satisfaction of the citv Finance Officer as dedicated to a non-Drofit oraanization. . The City Finance Officer shall issue a separate reeeip~license for each such machine, which shall be attached ~13/, ct- r}/ to and maintained thereon for the full term for which the reeei~tlicense is issued. ~ 5.60.020 Music machines-License fee-Receipt to be attached to machine. j (Section repealed by Ordinance No. 240851 (part), 1990; Ord. 1801 512 (part), 1978; prior code 518.53). 5.60.030 Amusement machines-Licenses fee-Receipt to be attached to machine. (Section repealed by Ordinance No. 2408 51 (part), 1990; Ord. 1801 512 (part), 1978; prior code 518.54). 5.60.040 Other coin-operated vending machines-License fee. (Section repealed by Ordinance No. 240851 (part), 1990; prior code 518.55). SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by c: \or\chap560 ~ Robert Powell, Director of Finance '"'" - ~8.,j,L Cf-\S / CJ- q COUNCIL AGENDA STATEMENT Item /J Meetinq Date 12/06/94 ITEM TITLE: Resolution 1771,;.. authorizing the city Manager to execute a lease agreement with the Senate Rules Committee for a satellite district office for Senator Peace and authorizing the expenditure of $1,000 from the Council contingency account for related modifications to the city' s legislative office building d" SUBMITTED BY: Deputy city Manage1'\Romson (j I REVIEWED BY: city Manager~~~\(4/5thS Vote: Yes_ No----X-l On March 15, 1994 the Council approved two lease agreements with the State of California to provide space in the City'S legislative office building for district field offices for our representatives in the State Assembly and Senate. The term of these two lease agreements is through November 30, 1994, and representatives of Senator Peace and Assemblywoman Ducheny have recently informed staff that they plan on relocating their district field offices to locations that are more centrally located within their districts, and therefore do not wish to renew their lease agreements with the City for their existing office areas. Assemblywoman Ducheny plans to vacate her office space in the city's legislative office building in December 1994 or January 1995, so staff has administratively extended the city's lease for the office space occupied by Assemblywoman Ducheny's staff on a month-to-month basis until they relocate. Senator Peace plans to relocate the major part of his district field office but is interested in retaining a much smaller satellite office within the City'S legislative office building. Staff has taken administrative action to extend the existing lease for Senator Peace's current office on a month-to-month basis until the Senator relocates the majority of his district office, which is anticipated to occur in January or February of 1995. In order to create a satellite district field office for Senator Peace in the City'S legislative office building, some minor remodeling will need to be done in the building. RECOMMENDATION: That Council adopt the resolution authorizing the City Manager to execute a lease agreement with the Senate Rules Committee for a satellite district office for Senator Peace and authorizing the expenditure of up to $1,000 from the Council contingency account for related modifications to the city's legislative office building. BOARD/COMMISSION RECOMMENDATION: None. /)-/ 1/; Meeting Date 12/06/94 Page 2 DISCUSSION: The office area currently occupied by Assemblywoman Ducheny's staff is suite C in the city's legislative office building, and includes 1,458 square feet. As indicated above, the lease with the state for suite C expired on November 30, 1994 and has been extended on a month-to-month basis until Assemblywoman Ducheny's staff relocates, which is expected to occur later in December or in January. The office area currently occupied by Senator Peace's staff is suite B in the legislative office building and includes 1,450 square feet. As indicated above, the lease for suite B expired on November 30 and has also been extended on a month-to-month basis until Senator Peace's staff relocates the majority of their office, which is expected to occur in January or February of 1995. The area in the legislative office building that City staff and Senator Peace have identified as the most appropriate for Senator Peace's satellite field office is in the back two offices of the 3-room suite that is currently designated as suite A in the legislative office building (see Exhibit A for a building layout). The first room in that 3-room suite is currently being occupied by the Senior Volunteer Police Patrol (SVPP) being organized by the Police Department. In order to allow the SVPP (or some subsequent activity if the SVPP relocates) to continue using that first room but make the other two rooms in that 3-room suite available for a satellite office for Senator Peace, a short corridor with separate entrances for the first room and for the second room will need to be created in the first room currently occupied by the SVPP (see Exhibit B). In addition, some relocation of light fixtures in the ceiling will need to be made. The cost of this minor remodeling is estimated to be a maximum of $1,000 if performed by city crews in January. Senator Peace is trying to finalize the State's leases for his new district office as well as the satellite office he would like to keep in the City's legislative office building. Staff is therefore recommending that Council authorize the city Manager to execute a contract with the Senate Rules Committee when the appropriate contract documents can be negotiated and approved by the Executive Officer of the Senate RUles Committee. The square footage in the two rooms identified above (including a small closet and restroom area) is 428 square feet. It is anticipated that the new contract with the Senate Rules Committee would be through November 30, 1998. The proposed rent amount would be $1.17 per square foot (a slight increase from the $1.15 rate in the expiring State leases), probably with an escalator clause for future rent increases tied to some form of consumer price index. The initial rent amount would thus be approximately $500 per month. As a related issue, on October 4, 1994 the city Council approved an agreement with the County of San Diego for field office space in the legislative office building for the First District Supervisor's field office. That lease is for 325 square feet of office space /I-~ Meeting Date 12/06194 Page 3 leased through June 30, 1997. In addition, the County has 38 years remaining on a separate 50-year lease for 250 square feet of office space in the legislative office building for the First District Supervisor. Thus, in total, the County has approximately 575 square feet of office area for a field office in the legislative office building. with the election of Supervisor Bilbray to Congress, it is yet to be' determined who the new First District Supervisor will be after Supervisor Bilbray leaves that office. It is therefore not known at this time whether the County will continue to use the city's legislative office building for a field office for the First District Supervisor or whether that may change in 1995. Assuming that the County continues to use the 575 square feet of space available to it in the legislative office building, when Senator Peace and Assemblywoman Ducheny vacate suites Band C respectively, approximately 2,900 square feet of office space in the legislative office building will become available by January or February for other purposes. Staff has contacted Congressman Filner's office to see if there is any interest in reestablishing a Congressional field office in the City's legislative office building, but we have not yet received a response. Staff will come back to Council later, probably after the new First District Supervisor is selected, with recommendations or alternatives for council's review regarding use of the vacant space. In the meantime, staff would welcome any early council input regarding the best use for that space since the Council may want to reconsider the policy issue of whether the building will continue to be reserved primarily for legislative field offices. FISCAL IMPACT: The loss of gross rental income from the two leases with the State that will be expiring is approximately $40,130 per year. Since these two leases required the City to pay for utility, custodial and maintenance costs, the net income loss to the city from the expiring leases will be approximately $26,000 per year. The rental income from the proposed lease for a satellite office of 428 square feet for Senator Peace will be approximately $6,000 per year. After deducting City expenses for utility, custodial and maintenance costs, the net income to the City for the proposed lease for a satellite office for Senator Peace will be approximately $3,800 per year. This report also recommends authorization to spend up to $1,000 from the $10,000 Council contingency account in the Non-Departmental budget for minor remodeling related to establishing the satellite field office for Senator Peace. Attachments Exhibit A: Exhibit B: Existing layout of legislative office building Proposed layout of legislative office building B:\(AGENDA ST ATEMENTS)\LEGlS.BLG / I. 3 //1- Lf RESOLUTION NO. 1'77 '1).. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SENATE RULES COMMITTEE FOR A SATELLITE DISTRICT OFFICE FOR SENATOR PEACE AND AUTHORIZING THE EXPENDITURE OF $1,000 FROM THE COUNCIL CONTINGENCY ACCOUNT FOR RELATED MODIFICATIONS TO THE CITY'S LEGISLATIVE OFFICE BUILDING WHEREAS, on March 15, 1994 the Council approved two lease agreements with the State of California to provide space in the city's legislative office building for district field offices for our representatives in the State Assembly and Senate; and WHEREAS, the term of these two lease agreements is through November 3D, 1994, and representatives of Senator Peace and Assemblywoman Ducheny have recently informed staff that they plan on relocating their district field offices to locations that are more centrally located within their districts, and therefore do not wish to renew their lease agreements with the City for their existing office areas; and WHEREAS, Assemblywoman Ducheny plans to vacate her office space in the city's legislative office building in December 1994 or January 1995, so staff has administratively extended the City's lease for the office space occupied by Assemblywoman Ducheny's staff on a month-to-month basis until they relocate; and WHEREAS, Senator Peace plans to relocate the major part of his district field office but is interested in retaining a much smaller satellite office within the city's legislative office building and staff has taken administrative action to extend the existing lease for Senator Peace's current office on a month-to- month basis until the Senator relocates the majority of his district office, which is anticipated to occur in January or February of 1995; and WHEREAS, in order to create a satellite district field office for Senator Peace in the City's legislative office building, some minor remodeling will need to be done in the building, and staff is recommending that Council authorize the expenditure of up to $1,000 out of the Council contingency account for this purpose, and authorize the City Manager to execute a contract with the Senate Rules Committee for such a satellite office. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize the City Manager to 1 " JI....,!:; execute a lease agreement with the Senate Rules Committee for a satellite district office for Senator Peace in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the sum of $1,000 is hereby authorized to be expended from the Council contingency account for related modifications to the city's legislative office building. Presented by Approved as to form by 4-. Ih. James Thomson, Deputy city Manager Bruce M. Boogaard city Attorney C \ rs\!ease ext 2 //--t, g' - ." - - ~ Jl:l ~ u _Cl <0-<:: 5:;:; <Il rx _UJ ,. .. .. - ~ ...J .. U to. to. o ~ U <0- 5 J)~7 L '" &ll ~c. ~ u .~ <0- l!; . . u ,. III "''"- ~. ~ IT ,. .. ~ >0 U1 SIQ (11.... ~~ v c . ~ IT II .J:. ~ ,. u .5 dlB I1l .~ Cl .J:. ,. '" lD ~ . L .. o~c.: . .... D" '" l:l> II "5 c ~ ., ov In .~ lis ~ u .~ <0- l!; ~ u -~ <0- 5 Exhibit A < Cl. ~ Cl. ~ ~ o :7 x = :S '" <0- cr \I o '" ,.. c e :i ~" " " " c -l . ti - .J:. U -l 1D 0\ C ." ~ co ~ ~." 4- U 5 ~ a. , ~ ~[\. .. II II '" ~ ~ ~ .. ~ " J ~ .. U t.. l5 ~ U 4- 5 )/-8" J: " ~ ~ .. .. lD "1l . ~11J o . 11." 0- ~m ~c. .. t.. It> ". ~ II .. C ~ 111 Ul ... .... ~ u .~ 4- 5 " <.- u,;. u u .:: lR tfl::t L . o " Q ~c.- :>1>. ....t. cr ..., CCI tA ~8H~ o u . " " ~": , g- ~~ ~ u .~ 4- 5 u .. IJJ t .~ 4- 5 .. Exh t.. it B <( ci: 0 -". .. 0, u ~ >... Ul uifil c e ~ Di: :7 c ~ . E I>< ~ u ~ ..r:. .. .. co X ~ ~ :5 ./if COUNCIL AGENDA STATEMENT ITEM 1.2.. MEETING DATE 12/6/94 /77'/3 ITEM TITLE: RESOLUTION Approving Health (Kaiser and HealthNet), Dental (Safeguard). and Vision (Vision Plan of America) insurance benefit plans for calendar year 1995 and authorizing the City Manager to execute the Kaiser, HealthNet, Safeguard, and Vision Plan of America contracts for 1995. SUBMITTED BY: DIRECTOR OF PERSONNE*, REVIEWED BY: CITY MANAGE~ b~ (4/5th Vote: Yes_ NolL! The City's primary health and welfare benefit plans (Health and Dental Insurance) renew on an annual calendar year basis. As we have done in some previous years, the City Insurance Broker this year sought new proposals from competing health and dental vendors. The proposals have been evaluated and a recommendation for approval is being made to the City Council. The evaluators of the proposals included management staff and representatives of all employee groups (POA, CVEA, WCE, IAFF, Unrepresented, Mid-Management and Executive management) with assistance from the City's Insurance Broker. Ultimately, through the meet and confer process as well as this resolution, Council has the final approval of all benefits. The timing of this process is very different from other procurement or contracts brought before the City Council. By law, health and dental insurance providers only have to provide renewal information 30-45 days before the actual renewal date of January 1. Also, cost proposals from prospective vendors are only good for a limited period of time, therefore, the City has very little time to receive, evaluate, recommend, hold open enrollment, and complete all of the administrative paperwork to assure a smooth transition on January 1, 1995 for the employees. Additionally, the final contracts are not submitted by the vendors until after the start of the contract date. This is permitted by law. The City and the vendor utilize the written proposals and rates to guide us through this period without a contract. That is why contracts are not provided to the City Council at this time and the recommendation to the City Council to authorize the City Manager to execute the Kaiser, HealthNet, Safeguard and Vision Plan of America contracts for 1995 is part of this resolution. RECOMMENDATION: That Council adopt the resolution that approves the health, dental and vision plans and authorizes the City Manager to execute these contracts for 1995 in a form approved by the City Attorney. 1 /rJ<'" J '1/ BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The health, dental, and vision plans are discussed in separate sections below. HEALTH INSURANCE In addition to requesting proposed renewal rates for health insurance from the City's current providers, Kaiser and HealthNet, the City sought new proposals for 1995 from Aetna, Blue Cross, PacifiCare, Prudential and Sharp Health Care (Attachment A). Only PacifiCare and Blue Cross submitted new proposals. Using the criteria of types of services, service providers and costs (both premiums and co-pays) Blue Cross was eliminated immediately. PacifiCa.e was very competitive with HealthNet and their premiums were less (Attachment B). Through strenuous negotiations between HealthNet and the City, (led by the City's Broker) HealthNet reduced its proposed 1995 premiums significantly for the HMO and EPO plans and agreed to guarantee the premiums for all three of its plans for two years (through December 1996). making HealthNet much closer in cost to PacifiCare. Representatives of the various employee groups have indicated that the employees have been basically satisfied with HealthNet's services. Changing health insurance plans can be a significant imposition on affected employees and their families, especially in those cases where they need to change doctors as a result of changing health insurance plans. The representatives of the various employee groups as well as management staff are thus recommending HealthNet and Kaiser as the City's health insurance plans for 1995. The current 1994 and proposed 1995 monthly premiums for the three HealthNet plans are shown below: HEAL THNET PREMIUMS 1994 1995 Employee Only $168.20 $150.15 Employee + 1 $336.62 $300.30 Employee & Family $465.13 $424.92 HEAL THNET HMO 2 /.2-~ HEAL THNET - EPO 1994 1995 Employee Only $150.96 $130.10 Employee + 1 $306.36 $277.41 Employee & Family $444.24 $396.84 HEAL THNET - FLEX NET 1994 1995 Employee Only $361 70 $361 79 Employee + 1 $723.59 $723.59 Employee & Family $1049.20 $1049.20 A description of the HealthNet HMO. EPO, and Flex Net plans is provided in Attachment C. As indicated above, the HealthNet HMO and EPO rates for 1995 are significantly less than the 1994 rates, and the Flex Net rates are unchanged. The current 1994 and proposed 1995 monthly premiums for the three Kaiser plans are shown below. All the 1995 Kaiser rates are lower than the current rates. Kaiser - 02 (Executive. Mid-Management. IAFF, CVEA and Unrepresented) $2.50 prescription co-pay; no vision plan; adult/student children - age 24. KAISER - 02 1994 Rates 1995 Rates Employee only $157.08 $151 57 Employee + 1 $31416 $303.14 Employee & Family $444.53 $428.94 Kaiser - 01 (POA, WCE) $1.00 prescription co-pay; vision plan; adult/student children - age 24. KAISER - 01 1994 Rates 1995 Rates Employee only $162.91 $15777 Employee + 1 $325.82 $315.54 Employee & Family $461.03 $446.48 3 I~ - ;J Kaiser - Q.Q (CVEA) $4.00 co-pay prescriptions; no vision plan; adult children - age 19. KAISER - 00 1994 Retes 1995 Retes * Employee only $152.61 $148.84 Employee + 1 $305.22 $297.68 Employee & Family $431.88 $421.22 * In 1995, Kaiser changed the adult/student children age limit to 24; therefore, the difference between the (00) plan and the (02) plan became fairly negligible. CVEA, based on staffs recommendation, has agreed to drop the (00) plan option effective 111 /95. The employees on the (00) plan will be automatically enrolled in the (02) plan unless they opted for one of the HealthNet plans during open enrollment. DENTAL INSURANCE Dental insurance is available to employees on a voluntary basis. For several years the employees have been requesting a dental plan that provided an option of using their own dentist. The City has had PMI and Dental Net, both pre-paid plans that require the patient to use the plan's dentists. These were the first and only dental plans the City has offered. We have received a lot of complaints from employees about some of the providers on these pre-paid plans. Problems included not being able to get an appointment in a reasonable amount of time, having appointments canceled at the last minute so the dentist can accommodate "paying customers", and the dentists not charging correctly as per the co-payment agreement. The City sought proposals for both pre-paid and indemnity plans for 1995 (indemnity allows employees to select their own dentist). Some companies offered both plans while others only offered pre-paid plans. The vendors included PMI (who did not respond). Dental Net/Blue Cross (pre-paid only). Safeguard (pre-paid and indemnity). Denticare (pre-paid and indemnity), Western Dental/Pheonix Home (pre-paid and indemnity). and National Dental Health (pre-paid only). After reviewing the options, the service providers and costs, staff and the employee representatives recommend Safeguard's pre-paid and indemnity plans. In the pre-paid area, this will result in a reduction in premiums for an equal or even better plan (Attachment D). PRE-PAID DENTAL RATES - VOLUNTARY 1994 1994 1995 DENTAL NET PMI SAFEGUARD Employee Only $13.51 $12.21 $10.98 Employee + 1 $26.97 $20.21 $18.19 Employee & Family $39.77 $30.83 $27 74 4 /,Q -'I The Safeguard Indemnity dental plan was very competitive with the indemnity plans proposed by Phoenix Home and DentiCare (Attachment E). Previously, the City was never able to receive a viable indemnity proposal; therefore, this is a unique opportunity to provide an indemnity dental plan. The rates for the Safeguard indemnity are: 1995 SAFEGUARD INDEMNITY Employee Only $23.78 Employee + 1 $47.56 Employee & Family $71.34 The staff and employee representatives recommend that the City Council approve the Safeguard dental plans. VISION INSURANCE Except for the employees in the Kaiser 01 plan, employees currently do not have insurance to cover prescription glasses. This has been an issue of concern for many employees who have been wanting a voluntary vision plan option. The City received two proposals for voluntary vision insurance; the first is from AVP - Plan B and the second is Vision Plan of America - Plan MQ2 (Attachment F). After carefully looking at all of the costs vs. the benefits of these two plans, staff and the employee representatives recommend that the City Council approve a contract with Vision Plan of America. The monthly costs of the two plans are: 1995 VISION PLAN - VOLUNTARY AVP VISION PLAN OF AMERICA Employee Only $10.85 $3.50 Employee + 1 $18.25 $450 Employee & Family $25.85 $5.50 FISCAL IMPACT: The amount of City payment for health insurance plans is approved separately through 5 I~ -f' the meet and confer process by the City Council. Depending on the employee unit, either a flex plan and/or a flat contribution is available per negotiations. Health insurance is mandatory for the employee only. If the employee wants additional coverage they may use flex plan or allocated amounts to pay for this. If they do not have enough money in the flex plan or the allocated amount, the difference is taken as a payroll deduction. Dental and Vision plans are voluntary. If the employee does not have enough money in their flex plan or allocated amount, for dental or vision plans in which they want to enroll, a payroll deduction will be used to pay for these premiums. [A 113.0061 6 /.2- ~ RESOLUTION NO. 17? '/.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING HEALTH (KAISER AND HEALTHNET), DENTAL (SAFEGUARD), AND VISION (VISION PLAN OF AMERICA) INSURANCE BENEFITS FOR CALENDAR YEAR 1995 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE KAISER, HEALTHNET, SAFEGUARD, AND VISION PLAN OF AMERICA CONTRACTS FOR 1995 WHEREAS, the City's primary health and welfare benefits (Health and Dental Ins urance) renew on an annual calendar year; basis; and WHEREAS, the City Insurance Broker sought new proposals from competing health and dental vendors which proposals were evaluated and a recommendation for approval is being made to the City Council; and WHEREAS, the evaluators of the proposal included management staff and representatives of all employees groups (POA, CVEA, WCE, IAFF, Unrepresented, Mid-Management and Executive management); and WHEREAS, through the meet and confer process as well as this resolution, Council has the final approval of all benefits; and WHEREAS, by law, health and dental insurance providers only have to provide renewal information 30-45 days before the actual renewal date; and WHEREAS, cost proposals from prospective vendors are only good for a limited period of time, therefore, the City has very little time to receive, evaluate, recommend, hold open enrollment, and complete all of the administrative paperwork to assure a smooth transition on January 1, 1995 for the employees; and WHEREAS, the final contracts are not submitted by the vendors until after the start of the contract date, which is permitted by law; and WHEREAS, in order to expedite the administrative process, it is proposed to provide authorization to the city Manager to sign the contracts when they are available since implementation will have usually already occurred. 1 /:2 - 7 NOW, THEREFORE, BE IT RESOLVED the city council of the City of Chula vista does hereby approve Health (Kaiser and HealthNet), Dental (Safeguard), and Vision (Vision Plan of America) insurance benefits for calendar year 1995 in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute these contracts for 1995. Candy Boshell, Director of Personnel Presented by C:\rs\e.pbenft.CM 2 ~-~ ATTACHMENT A ~ohn BumhanJ &. COnJpang .%lJII Medical Aetna Health Plans Declined Blue Cross of California Quoted PacifiCare Quoted Prudential Declined Sharp Health Care Declined Dental DentiCare Quoted National Dental Health Quoted Safeguard Quoted Western Dental Quoted /,;1. - 1 l ,'" .(/ UI ~ ~ !!; UI C ~ i 0 li ! a:o 00.. wo.. ::> ..... III UI ... - S; ~ ... UI :;; .. ,.; o. a i a:0 ;; 0": w' ::>w ..... III UI ::: l:; i UI .; fa ~O ... ;; 0;:< w:I: ::> ..... III w> '" s; iii a:... ~ 3 <- ! oZ -;:< !!:ow .. 00 <z 0..- w ~ iii a; a: <. ::l ! I': 00 ;; l:l iLi:L ow < 0.. w ~ :;; ~ a: ~ .; Ii .. <0 ::: tI i !J;:< .. !!:ox 0 f i 1 ... '" i iii w... ~ Zw ! :I:Z ;; ~x - - '" s; iii <~ ! ~ ~ w... X .. '" ...~""';:$ - ~ ~ ~ . ~ ~-); 5 i :I:~ .. !:;~ '11:. i - - :l: ;!j ::sw <u~ ~ l i :I: ~.. " OJ ;i>, t; ~~ ~ a ~ z r~ .. j ~o .L\fl ;; :i ...;:< - - - :;!:I: ~ l;I i w 18 a :I: - .. t t ~ ~ ~ .. ~ .. I ~ iIi I I i' i ! 11 ; ~ 1 II ft ~ I 1 l; II ~ I b 1 ;~ 1 II ATTACHMENTjB Ef i! i! "'~''''' ~ ~ ~ a:N 5 i .. w~ .. i UI - - - -", ! :!:: i <x ""a: 5 ... .. :i 0: tI :: a:- &:; .; ! w~ ;; fi III - - - ~x ;; ... l!! ~ a: S! ~ i .. l! 18 ;:; ",0 ! E i w~ .. UI - - - -oot ~ ... ~ ;Sx i ~ a: ... i = .. ATTACHMENT C-1 HEAL TH INSURANCE PLANS Health Net E.P.O. (Exclusive Provider Organization) The Health Net E.P O. is a plan that provides 100% physician care and hospital care with no out-of-pocket costs to you except for limited co-payments for certain services such as out-patient mental health services. Only certain providers can be used under this plan. For physician services, you must go to any of the Sharp Rees-Stealy Medical Clinics, or to a participating physician in Sharp Community Medical Group and Sharp Mission Park. For hospital services, you must use Community Hospital, Sharp Memorial Hospital, Sharp Cabrillo Hospital, Grossmont Hospital or Children's Hospital unless you have an emergency or you are out of the area. Under this plan, you will select a primary physician who will direct all of your care. Any referrals to a specialist must be approved and made by your primary physician. There are no claim forms. Health Net H.M.O. (Health Maintenance Organization) The Health Net H.M.O. is a plan that provides hospital care at 100% and physician care at 100% after a $5.00 co-payment. There are also limited co-payments for certain services such as out-patient mental health services. You must use the provider network which includes Sharp Rees-Stealy Medical Groups, Sharp Community Medical Groups, Scripps Clinics, Family Practice Associates, Graybill Medical Clinic, Mercy Physicians Healthcare Network, Mission Park Medical Clinics, Palomar/Pomerado Medical Associates, Cassidy Medical Group, Mission Bay Medical Groups, Rancho Canyon Medical Group, South Coast Physicians Groups, UCSD Healthcare Network (North County Physicians Medical Group, Fletcher Hills Medical Group, Parkway Health Medical Group), Nova Health Care Medical Group, Southland Health Care, U.S. Family Care, East County Physicians, Chula Vista Family Medical Group and the following hospitals: John M. and Sally B. Thorton Hospital, Tri-City, Alvarado, Children's, Hillside, Palomar, Sharp Memorial, Grossmont, Mission Bay, Pomerado, Green, Sharp Cabrillo, Community, Harbor View, Coronado, Mercy, UCSD, Inland Valley and Scripps. This plan, like the E.P.O., calls for your primary physician to direct all your care. There are no claim forms. Health Net Flex Net The Flex Net plan is an indemnity plan that allows free choice of physicians and pays 80% of the usual, customary and reasonable charges after you have paid a $500 calendar year deductible. Routine physical exams and well baby care are not covered. You must file claim forms. Kaiser H.M.O. The Kaiser H.M.O. is a plan that covers 100% physician and hospital care with no out-of-pocket costs to you except limited co-payments for certain services such as out-patient mental health services. You must utilize a Kaiser facility. There are Kaiser facilities in Bonita, Chula Vista (EastLake), Clairemont Mesa, El Cajon, La Mesa, San Diego, Mission Bay and Point Loma. The nearest hospital facility is on Mission Gorge Road in San Diego. There are no claim forms. J~ -)j ;: ~~ !t:\oj ~~~ ~~ ... 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E c. .g ~ i ~"O2-> o C Co (II Cl Il3 Q."O >.'" ::::10 ca.e.Cl'Jcn ~ i;' ~Cii 8 rr-"O i:' 0809- q 0 C') 8 ",0 0 *,..: E .. 0 . > o C. 0' Ii g. "i c: '" is -g ~ i:' Cl G Co'" >.c::lO <<1--0) '?- ~ ~Iii 8 9-"0 i:' 0809- qoCW>8 LOq Q) ...... E .. . . ~ot .~ g ~ - 'll . "0:'2 00 o c. .,; ii .....<: .. - ~ J . ~2 ClO c 0 .8.2 11 ATTACHMENT C-3 ~ :is 'jj ~ 'll '" o Z . o :is ." o ~ '" o '" o Z ; :is .~ ~ 'll '" o Z ; ;g 'U ~ 'll '" o Z 00 00 ",'" ..- .. ~ '" ~ ';; =- ~ 0 .:is o .- >'U ~ ~ ~'ll iio iiii o ~ ~ 0 ~.l .!! 0 ..,- .- 0 'U '" ~ e '" '" ~c? "ij > :J::: o E .l~ 2- c. c. o - o o . o o o > c. c. . - o o ; o o 2- c. c. o 15 o ; o o 2- c. c. . 15 o ; o o o o o '" .. . o . ii c. ~ ;; ><- o 0 0:iS c.'- .:. U 9 ~ -'" ~ 0 0'" E go ~ .- E-g 'x u . x =-.!! 2- c. c. . - o o . o o o > i: o . o ~ '6 ~ ~ o . ~ 2- c. c. . 15 o 8 o o > i: o . o ~ '6 o - ~ . ';; '" > c. c. o - o o ; o o "3 .~ .- 0 'll 2. =-~c. ~ 05 . 0 ~ ! e-" U?ca] :.&: .- 0"'''' a: . 0 a. ~::E ~ ~ o 0 .<: ~ en'" > c. c. . - o o . o o o ~ o - <Ii' ~ Ci .: ~'= o 0 ctl . 0 ~ ~ 0"- 'C o 0 >: o ! o o o <> o q o u '0 .<: o . e u.. ~ .. E ~ E 'x . E o .E ;; ~ "ij ~ '" '> 'i; .f t l ~G G .! '" , - Illl= i: s.a-8 ","'il . <t . ~N > ~ o 0 o ell ~ 0 o E Q'';:; ca..!. 1: s:a~ "C::a ! v Q:I oN > ~ <30 '" <t~ ~~ o ~ .0_ ell ~ C - 0 0 o 0'" ",,,, C CQ a 8- o . 0 -0'" 'U ~::!: 0.2 o '" <t~ NO ~"' o ~ ai"~~ - C 0 o 0 1! lir] = o 1ii ~ -0'" H 0-'- ~"3 0- - ;~ NO ~'" o ~ ai~~ - C 0 &~ ~ co a G o (fJ it' -.'" 'll.5 ~ - 0-'- ~:; 0- I.J.-I J I CI <t S!! - - 'll . '> o a: :i '; C o .., - o . ~ o E o ;; 1;; "ij C '" ~ .e . ~ '" '> 2 o.~ o . H !t ..1 .B:t:: ~ ~ ~ I ~l S.l! ~ 1! - . e e 0... ;.. ~ ~ ~ t; · .; l! I II) = I a:g.!! 5 01 "t:l .... " ~.~ I ~~~ u .... a:2-,i :J g E g! . . 'C a ~'" ~01! Q):J ~-i! o E 3 ! -t.~ .....c: _I ] S fI ~'ll ni hj ; 0..... G.f! S ..: ~lt ~ E - :!l E'; II ~ lC 5:f! :J ~ . ATTACHMENT D NAT'L SCHEDULE OF DENTAL NET P.M.L WESTERN DENTAL BENEFITS ........ ..rreal DENTAL HEALTH SAJ'EGUARD DENTlCARE 7SOS ,2-V-llL o doaD s.sso-s DIAGNOSTIC (H/C - No cba...) Clinical oral examination N/C N/C NJC N/C N/C N/C Full mouth x-rays N/C N/C N/C N/C N/C N/C Bitewin8 x-rays (4) N/C NIC N/C N/C N/C N/C PREVENTIVE Propbylaxis (adults "cbildlon) N/C N/C N/C N/C N/C N/C Topical fluoride (cbildlon) NJC N/C N/C N/C N/C N/C RESTOIt-lTlVE Fillings - amalgams & composites N/C N/C N/C N/C N/C N/C Crowns - stainless stecI N/C N/C $30.00 $40.00 N/C N/C ntber $120.00 .$85.00 $30 to $80 $70 to $99 $85.00 ISO to $70 ENDODONTICS Pulp cap N/C N/C N/C N/C N/C N/A Root cana1. I cana1 ..$60.00 $45.00 $45.00 $95.00 $35.00 $45.00 PERIODONTICS Gingivectomy - per quadrant $SO.OO $100.00 $40.00 $40.00 $50.00 $45.00 Scaling, root planing - quadrant $18.00 $10.00 $12.00 $40.00 $10.00 N/C Osseous or muc;o.gingival surgery $120.00 $200.00 $SO.OO $210.00 $120.00 $50.00 (per quadrant) PROSTHODONTICS - REMOVABLE Complete dentures (upper or lower) $140.00 $100.00 $85.00 $75.00 $100.00 $85.00 Partial dentures $160.00 $115.00 $85.00 $65.00 $115.00 $85.00 Repain; - replace broken tootb $)0.00 $20.00 $10.00 Lab only SS-$20 SIO.OO N/C Denture reline - ehairsidc $20.00 $20.00 $20.00 $40.00 $20.00 N/C ORAL SURGERY Singlecxtrac:tions N/C N/C N/C $17.00 N/C N/C Impactions - snft tissue $30.00 N/C $35.00 $60.00 $30.00 $25.00 ill:moval oftootb (partially bony) $40.00 S50.00 $SO.OO S70.00 $40.00 $40.00 ill:mnval oftonth (completely bony) $50.00 $70.00 $SO.OO $80.00 $50 $SO.OO OTHER SERVICES Emergency service ...N/C S5.00 N/C N/C N/C $18.00 OtIice visit (after ",gular bours) $45.00 S20.00 $20.00 $20.00 $25.00 $35.00 ORTHODONTICS (Excludes records. limited to 24 months active treatment. other restrictions also apply) Full ClISC - cbi1d $1.4SO.00 $1.400.00 $I,3SO.00 $1,695.00 SI,200.00 SI,66O.00 Full ClISC - adul~ 18 years or older $1,850.00 $1,400.00 $1,350.00 $1,895.00 $1,000.00 $1,880.00 SPECIALTY CARE INCLUDED yes yes yes yes yes yes It-l TE GUAIt-lNTEE I year I year 2 year I year 2 year I year MONTHLYIt-lTES Employee only $13.51 S12.21 $12.23 $13.40 $10.98 $12.45 Employee + 1 $26.97 $20.21 $22.46 $21.68 $18.19 $22.95 Employee + 2 or more S39.n $30.83 $26.81 $36.58 S27.74 S26.95 . Plus actua1lab costs of precious mctal .. S20 each additiooa1 canal /2. -I"; ... Out ofscnice &rea. up to $50 DENTCOMP.xLSllf12J9.4 ~S ATTACHMENT E Blue Cross Fee-for-Service Safeguard UCRI-IOl1 Benefrts Not Available PPO Non-PPO Indemnity Preventive 100% 100% 100% PPO Indemnity $50 None $1,vJQ .,...$!,QOO 80% 90% nnual Deductible $50 $100 nnupl Maxim"fIl $1.Q()O ~1,000 R~"!'!!.ative . Fillings (1) 90% 80% ."'80% ;' 80% ,.",90% Endodontics Root CanaF (1) 90% 80% 80% 80% l' 900/0 PeriodOntics . Gingivectomy/tooth . (Jingevetttory/quadrant 90% 80% 80% 80% 90% Prosthodontics Complete Dentures 60% 50% 50% 50% 60% Orthodontics Adults , Child, 11Ia 11Ia 11Ia 11Ia 11Ia 11Ia 11Ia 11Ia RATES: Employee. Employee + J 'Em 10 ee.+ 2 $22.00 $0 $58.00 $29.66 $58.04 $94.01 23.78 47.~6 71.34 Notes:' Phoenix requires 200 members enrolled. DentiCare requires 75% of eligible employeesparticipating. At least one employee is required to enroll in either the Indemnity or Pre-Paid Plan. 'This is a brief summary only. Please refer to plan booklets for complete details /.2-/~ 9511ENINll.XLS 11/22/94 ATTACHMENT F '" '<t .. - .. ~ 'I: 0 .. - eN c: 0 ~ ~ ~ ~ 0 '" <0' .~ ~ '" 0.. 0.. 0.. 0.. 'Q~ , , . , ::s E :a 0 0 0 0 0 0 0 0 -0 .g ... '" '" '" c: c: ~ CJ CJ CJ CJ e >> M ..,: '" ..!! .. 0 '<t '" '" '*' ~ <'I ~ ~ ~ =-- <'I M ~ ..... lloo ~ ~ ~ '" = <'I > Q '" '<ij ~ ;> 0.. , 0 CJ '" '" '" -= -= -= - - - c c c 0 0 0 '" E E E -= - <'I '" 0 c <'I <'I -= - 0 - - :;;; - <;; <;; c E 0 ~ '" ... ... E = 0 <'I '" '" '" 0 '" '" '" '" c ~ c - ... = 0 - .S! .S! '<t '" ., 00 N 00 ., N -= '" 0 00 .. '" >> '" s:: N e!> CJ CJ CJ -- - - - N ~ ';;j ';;j ';;j c N ~ ~ ~ ., '" 0 -= ., ., ., '" E u J:> J:> J:> ~ ... ... ... 0 '<t 0 c2 c2 c2 N :z - ~ '*' '*' ~ 0 0 0 0 0 J II is "'illS"" '" - I: .. = .. &: = ,0::> ~ ~ '. ~ ~ ~ ~ ~ .e .... '" &:... :: &: ~ :: - 0 + + ~ .~ ~ ~ .. l: ~ &: ...:l ...:l ~ ~ ~ ... ~ .. ...:l '= .~ ~ ...:l - ~ ~ '<:l G .e 6'6'0::> '<:l ~ '= S i5 .:: ~ :; ....... ....... ....... ~ ~ :: ~ :: te.- ~ .. ~ '= ~ ~ ~ It a ~ - :: <! r.; Il:l 1t.l~1t.l '" 0 ;;; >! ~ /~ -/~ l!i ,. COUNCIL AGENDA STATEMENT ITEM /1 MEETING DATE December 6, 1994 . J7?'I~ . ., ITEM TITLE: Resolut1on A~prov1ng South Chula V1sta L1brary Change Order No. 10 with Douglas E. Barnhart, Inc., for electrical, plumbing and other miscellaneous changes SUBMITTED BY: Director of Public Works ~ Library Director~~ REVIEWED BY: City Manager~~~l(4/5ths Vote: Yes___No-X-l On November 2, 1993, Council awJjde~the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc. Construction of the South Chula vista Library is being monitored jointly by the project management firms of Starboard, Inc. and Project SOlutions, Inc., as well as by the City's Buildings Project Supervisor. They have worked with the California State Library to insure that the changes included in Change Order No. 10 are necessary and advisable and that the City achieves the greatest possible value. Since the Library Construction and Renovation Bond Act grant provides for reimbursement for 65% of the building project, including change orders, all change orders must also be approved by the State Bond Act Manager. RECOMMENDATION: inclusive. That Council approve Change Order No. 10 BOARD/COMMISSION RECOMMENDATION: Not applicable DISCUSSION: Change Order No. 10, as approved by the State Bond Act Manager, totals $17,979 and incorporates a number of improvements and functional/operational revisions to the building that is consistent with the norms of minor modifications made at this advanced stage of construction. with the project now 85% complete, the construction contingency fund will be $396,936.54 after the deduction of Change Order No. 10. Many of the changes relate to value added items that will lower maintenance costs in the future or are intended to enhance the functionality of the building. The scope of the work is as follows: Liahtina and Power 1. Add junction boxes and new circuitry under raised floor in Technology Users Center to provide lighting to eight carrels which were added after bid award. Add: $2,378 1.3-J ITEM I J PAGE TWO MEETING DATE December 6. 1994 2. Provide lighting circuit to the west end of the Children's area for furniture considerations (Time and Materials) Add: $613. 3. Provide two exterior wall boxes with lighting at the main entry for safety security purposes which staff determined during construction. Add: $1,240 Imorovements to Lower Future Ooeratina and Maintenance Costs 1. Provide plywood backing to flush out all exterior windows to prevent leaks. (Time and Materials) Add: $2,698 2. Provide a six inch tile band around the perimeter of the water fountains per a request from Public Works. The tile will prevent a soap band from forming on the plaster surface at the water level and will insure ease of maintenance. Add: $2,460 3. Provide control joint material in Children's Room barrel vault ceiling to prevent potential cracking in the plaster due to building movement. Add: $240 4. Provide additional drainage line in Fragrance Court Yard. Add: $1,855 5. Provide additional taping and mud sanding for interior areas. (Time and Materials) Add: $2,651 6. Add T-Bar Ceiling in Custodial Work Room, per Public Works request, in order to insure that exposed insulation does not disintegrate into the work place. Add: $1,414 13-.).. ITEM } J PAGE THREE MEETING DATE December 6. 1994 utilitv Directive 1. Add guard key lock to exterior door #157 as ~ by S.D.G. & E. (Time and Materials) Add: $259 Miscellaneous 1. Provide steel bracket corbels for shelf support in two staff work areas. Add: $513 2. Provide stainless steel wall cap at interior book drop. Add: $120 3. Revision to main entry to accommodate theft detection system in accordance with architectural plan for which specifications were received after the construction bids were let. The Project Manager has worked to reduced this cost from approximately $30,000. Add: $2,440 4. Provide haul off of concrete debris excavated at the southeast corner of the site. (Time and Materials) Add: $1,589 5. Provide painting of interior skylights with light blue and revise color and finish of sto product in browsing area. Add: $1,999 6. Delete main entry fencing due to architectural and functional considerations Credit: $4,490 As required by the Library Construction and Renovation Bond Act, the elements in change Order No. 10 have been approved by the Library Bond Act Manager. Staff is in agreement that the proposed 1)....; '1 J ITEM I j PAGB FOUR MEBTING DATB December 6. 1994 changes are required, however, there is disagreement as to who is responsible for the cost of these changes. Staff is proceeding with Change Order No. 10 in order not to delay completion of the library. However, approval of this change order does not waive any claims the city may have against the architect for errors in design. Staff will be meeting with the city Attorney to discuss the City's rights and Council will be advised as appropriate. Previous Chanqe Orders Previously approved Change Orders 1-9, for a wide variety of elements have totalled $230,171.46 and include: Change Order No. 1 was a reduction in the scope of work and reduced the bid amount by $464,783. This Change Order did not impact the contingency fund and is not included in the overall tally. Change Order No lA, totalling $7,302.46 was for Builder's Risk Course of construction Insurance and removal of concrete footings. Change Order NO.2, totalling $4,910, was for additional conduit, revised glu-1ams and two junction boxes. Change Order No.3, totalling $22,182, was for landscaping and irrigation installation. funding for a portion of this change order ($18,682) was provided by the Public Works Department. Change Order NO.4, totalling $9,588 was for a variety of elements. Change Order No. 5 for City initiated, utility or code required, HVAC coordination and force account work totaled $93,416. change Order No.6 totaled $17,195 and added an exterior fountain in the entrance courtyard. The entire Change Order was funded by the Friends of the Chula vista Public Library. Change Order No.7 totaled $45,709 for lighting, sound insulation, structural elements and other miscellaneous changes. Change Order No.8, totaled $10,556 for framing, lighting, mechanical/electrical and other miscellaneous changes. change Order No.9, for force account work, carpet, electrical and other miscellaneous changes totaled $19,313. Future Chanqe Orders with the project now 85% complete, The Project Manager continues to estimate that no more than fifty percent of the contingency budget will be needed for this project. The Project Manager anticipates J j -'I ITEM~ PAGE FIVE MEETING DATE December 6. 1994 at least one more change order. Additionally, the costs related to the delivery of the wrong colored exterior wall product are still being negotiated. FISCAL IMPACT: The proposed Change Order No. 10 totals $17,979. Funding is available in the South Chula vista Library project's contingency fund. The Library Construction and Renovation Bond Act grant reimburses 65% or $11,686. The city's share is 35% or $6,293. The total aggregate of change order work funded with library construction funds (#la through 10, inclusive) is $248,150.46 or 4.15% of the bid award. There has been a $35,877 increase in the contingency fund due to monies coming from the Public Works Department for public right-of-way improvements and from the Friends of the Library for the exterior entrance fountain. The remaining balance of the library's contingency fund will be $396,936.54 after the deduction of change order No. 10. I:;"f' //3 -10 RESOLUTION NO. /77J/( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NO. 10 WITH DOUGLAS E. BARNHART, INC., FOR ELECTRICAL, PLUMBING AND OTHER MISCELLANEOUS CHANGES . WHEREAS, on November 2, 1993, Council awarded the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc.; and WHEREAS, construction of the South Chula vista Library is being monitored jointly by the project management firms of Starboard, Inc. and Project Solutions, Inc., as well as by the city's Buildings Project Supervisor who have worked with the California State Library to insure that the changes included in Change Order No. 10 are necessary and advisable and that the City achieves the greatest possible value; and WHEREAS, since the Library Construction and Renovation Bond Act grant provides for reimbursement for 65% of the building project, including change orders, all change orders must also be approved by the State Bond Act Manager; and WHEREAS, Change Order No. 10, as approved by the State Bond Act Manager, totals $17,979 and incorporates a number of improvements and functional/operational revisions to the building that is consistent with the norms of minor modifications made at this advanced stage of construction. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve South Chula vista Library Change Order No. 10 with Douglas E. Barnhart, Inc., in e amount of $17,979 for electrical, plumbing and other mi llaneous changes. David Palmer, Library Director Presented by C:\rs\library c10 J'J-7//3-~ STATE LIBRARY INITIATOR I 10 PROJECT NO. P86-032 CITY OF CHULA VISTA CHANGE IN CONTRACT CHANGE ORDER NO: DATE: JOB I CONTRACT: CONTRACTOR: 010 COUNCIL APPROVAL: November 10, 1994 DATE: LB-125 South Chula Vista Library Douglas E. Barnhart Inc. The following addition executed September 22, Douglas E. Barnhart Inc. shall be made to INCREASE the contract 1993 between the City of Chula Vista and REMARKS AND DETAILS: changes in plans and specifications at an agreed upon, pr ice. Chctnge order It 010 includes several proposals which are all requested by either City staff or by the Architect to enhance the remodel project at the South Chula Vista Library. An itemized breakdown follows: SEE ATTACHED DOCUMENTATION CHANGE ORDER 1010 SUM: $ 17,979.00 ORIGINAL CONTRACT AMOUNT $ 5,973,201. 00 PREVIOUS CHANGE ORDERS TOTAL $ 230,171.46 PREVIOUS CONTRACT AMOUNT $ 6,203,372.46 THIS CHANGE ORDER NO.009 $ 17,979.00 REVISED TOTAL CONTRACT $ 6,221,351. 46 It is agreed performed and contract and hereto. by the undersigned that all extra work mater ial furnished in accordance with the in accordance with the statement,if any, shall be original attached APPROVED BY: APPROVED BY: John D. Goss City Manager City Of Chula Vista Douglas E. Barnhart Owner Douglas E. Barnhart Inc. ORDERED BY: GENERATED BY: Dick Thompson Ci ty Of Chula Vista J~ _ a Building Project Supervisor ~ I Albert deBerardines Project Manager Starboard Construction Inc. SUMMARY OF CHANGE ORDER NO. 010 1. Provide steel bracket corbels at work stations in Room '127 and steel support brackets and plastic lamination full wrap for shelving in Room '102. ADO $513.00 2. Provide stainless steel wall cap a~ interior book drop that was not identified on the plans. ADO $120.00 3. Provide plywood backing to flush out all exterior windows not shown on the plans. (Force Account) ADO $2,698.00 4. Add junction boxes and new circuitry under raised in technology center to provide lighting to carrels per proposal Request '25. floor eight ADO $2,378.00 5. In discussion with Public Works, there was a concern that a soap band would form on the plaster surface at the water level location on the three fountains. Provide a 6" water tile band around the perimeter of each fountain. ADO $2,460.00 6 . S.O.G.& E. has S.O.G.& E. guard hardware already (Force Account) informed the project team that an key lock is required at door '157. The purchased to be given to Public Works. ADO $259.00 7. Provide a children's Account) lighting circuit to the west end area for furniture considerations. of the (Force ADD $613.00 8. The project team discussed a concern in the children's barrel vault ceiling abo~t the potential cracking in the plaster due to building movement. Provide control joint material at this location. ADO $240.00 13-/0 9. Provide two (2) exter ior wall boxes with lighting at the main entry. ADO $1,240.00 10. Make revisions to main entry per Architect's Proposal Request "21. ADO $2,440.00 11. Provide haul off of concrete debris excavated at the southeast corner of the site. (Force Account) ADP $1,589.00 12. Provide drainage line in fragrance Architect's Proposal Request # 27. . court per ADO $1,855.00 13. Provide painting of interior skylights with light blue and revise color and finish of sto Product in browsing area. ADO $1,999.00 14. Provide additional taping and mud/ sanding for interior areas directed by the Architect. (Force Account) ADO $2,651.00 15. Per Public Works and Library request, add T-Bar ceiling in Room # 144. ADD $1,414.00 16. Delete main entry fencing due to Architecture and functional consideration. CREDIT <$4,490.00> /')....1/ CONSTRUCTION CONTINGENCY FISCAL INFORMATION C.O. 010 CONSTRUCTION CONTINGENCY Original Contingency Allowance: Net Cha~ge All Previous Change Orders: Contingency Allowance Ballance Available: BUDGET INCREASE FUNDING SOURCE PUBLIC IMPROVEMENTS ($18,682.00) BUDGET INCREASE FUNDING SOURCE FRIENDS' OF THE LIBRARY ($17,195.00) Net Change This Change Order #009 New Contingency Allowance Balance: /3-1:L $609,210.00 <$230,171.46> $379,038.54 $497,720.54 $414,915.54 <$17,979.00> $396,936.54 COUNCIL AGENDA STATEMENT ITEM 1'1 MEETING DATE: 12/6/94 Resolution /7 7Y r- accepting federal Library Services and Construction Act grant funds for the continuation of specific library reference resources, appropriating funds and amending the FY 1994-95 budget. SUBMITTED BY: Library Director~_ REVIEWED BY: city Manage~ ~W l) (4j5ths Vote: Yes-X-No__) For the fifth consecutive year, the california State Library has approved the Chula vista Public Library's application for Major Urban Resource Library (HURL) funds. These funds are available to libraries serving cities having a population of 100,000 or more and are awarded on a per capita calculation based on the population and funding levels provided by the united States Department of Education. These libraries must also participate in the California Library Services Act (CLSA) database and statewide inter-library loan programs. In FY 1994-95 the grant amount is $11,728. These funds will continue Business Collection, a microfilm product of nearly 400 business journals, and enhance the career and job seeking materials collection. ITEM TITLE: RECOMMENDATION: That Council adopt the resolution, appropriate the funds and amend the FY 1994-95 budget. BOARD/COMMISSION RECOMMENDATION: The Library Board, meeting of September 28, 1994, voted to support the application for MURL grant funds. (ATTACHMENT A) DISCUSSION: at their Library'S On October 11, 1994 the City Council approved the Library's application for HURL funds. (ATTACHMENT B) As the Chula vista Public Library is a City agency serving a resident population of over 100,000, it has been designated a Major Urban Resource Library (HURL) and is, therefore, eligible for these funds. MURL funds were awarded to the Chula vista Public Library in FY 1990-91, 1991-92, 1992-93, and 1993-94. Monies were used to purchase business directories, both regional and foreign, as well as timely business information affecting the greater San Diego and southern California area. As a result, the Chula vista Public Library has acquired materials on twin plant/maquiladora projects with Mexico, the Southern California area, directories which }'/,/ page 2, Item ~ Meeting Date 12/6/94 encourage import-export with foreign companies and etiquette for doing business with various foreign countries. MURL funds were also used to purchase Business Collection for the users of the Chula vista Public Library. Business Collection provides access to 400 business periodicals and journals on microfilm and is of use to small business enterprises, students, private and public sector administrators. It is the Library's intent to use the 1994-95 funds to continue Business Collection, and to strengthen the collection of career and job seeking materials for the users of the Chula vista Public Library. As required by the grant, Senior Librarian, Maureen Roeber will attend a seminar as part of the MURL program. Regional collection development will be discussed at this meeting. Funds to support participation at this event will be drawn from the qrant itself. FISCAL IMPACT: The original application made available $11,670 to Chula vista Public Library. As one of the applying libraries in another jurisdiction became ineligible for receipt of funds this year, the amount awarded to Chula vista has been increased to $11,728 Accepting the grant will provide a total of $11,728 to the city's General fund and this amount will be deposited into revenue account 260-3654 and appropriated into the following accounts: 260-2620-5328 - $11,058 Reference Books 260-2620-5221 - 670 Travel JJ/- -2. RESOLUTION NO. /77'15' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS FOR THE CONTINUATION OF SPECIFIC LIBRARY REFERENCE RESOURCES, APPROPRIATING FUNDS AND AMENDING THE FY 1994-95 BUDGET WHEREAS, for the fifth consecutive year, the California State Library has approved the Chula vista Public Library's application for Major Urban Resource Library (MURL) funds; and WHEREAS, said funds are available to libraries serving cities having a population of 100,000 or more and are awarded on a per capita calculation based on the population and funding levels provided by the united States Department of Education; and WHEREAS, these libraries must also participate in the California Library Services Act (CLSA) database and statewide inter-library loan programs; and WHEREAS, in FY 1994-95, the grant amount is $11,728 which funds will continue Business Collection, a microfilm product of nearly 400 business journals and enhance the career and job seeking materials collection; and WHEREAS, the Library Board, at its meeting of September 28, 1994, voted to support the Library's application for MURL grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept federal Library Services and Construction Act grant funds for the continuation of specific library reference resources. BE IT FURTHER RESOLVED that the grant will provide $11,728 to the City'S General Fund, which will be deposited into revenue account 260-3654 and appropriated as follows: $11,058 into Account 260-2620-5328 (Reference Books) and $670 in Account 260- 2620-5221 (Travel). C:\rs\.url Presented by , City David Palmer, Library Director 1'/-3 /;J/-Lj 1DV ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 7 - SEPTEMBER 28, 1994 MSUC (Viesca/Clover-Byram) that this into abeyance for further study. Trustee Williams absent) issue be put ((4-0-1 with C. 94/95 MURL Grant MSUC (Alexander/Clover-Byram) that the Board supports the Library's application funds. Library for MURL At this time a letter from a member of the public was read urging that the Woodlawn Park library remain open. This was directed to be discussed under written comments. IV. Library Director's Report A. Library Automation Manager Position Diane Bednarski has been hired and will begin work on October 3rd. She holds a library degree from UCLA, has worked with OCLC, GEAC and University Microfilm. B. Bilingual Senior Librarian position (South Chula vista Library) This position has been reopened. Announcements have been mailed out to over 200 branch libraries within Los Angeles County, orange County, San Jose, Central Valley, and San Francisco Bay areas. This position will not be hired before December. C. Librarian II Castle Park Librarian Jorge Castillo has been promoted to this position. The position he vacates has been filled by connie Lawthers D. Library Transfer Requests Staff has evaluated all employee requests to transfer to the new library, and there have been surprisingly few requests for the same job. A good balance of employee skills and service abilities are going to the South Chula vista Library without impairing the mix at any other library location. Recruitment will begin shortly for the positions of .5 Circulation Assistant, circulation Supervisor, 2 1,/,..5' - ATTACHMENT B Minutes October II, 1994 Page 3 Council as to a City position. Staff recommends Council take no position regarding the request and file the report. (Director of Planning) Mayor Nader stated the staff recommendation was for the CouncHto not take a position on the County initiative. His vote to approve staff recommendation did not imply support for the initiative, speaking as an individual he planned to vote no on the initiative as it was poor planning to designate a specific landfill site at the behest of a particular interest group that would benefit from the selection of the site. ~ REPORT APPLICATION FOR GRANT FUNDS FROM THE FEDERAL 'lJi{pARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT FOR THE PURCHASE OF SPECIFIC LffiRARY REFERENCE RESOURCES AS A MAJOR URBAN RESOURCE LffiRARY - As the Chula Vista Public Library is a City agency serving a resident population of over 100,000, it has been designated a Major Urban Resource Library by the U.S. Department of Education and is eligible to apply for a grant of $11,670 for the purchase of business and job-seeking materials for library users. Staff recommends Council accept the report and ratify the Library's application for $11,670 of Library Services and Construction Act Funds for the purchase of library materials. (Library Director) ~. 13. REPORT APPLICATION BY THE CHULA VISTA PUBLIC LIBRARY TO THE !FORNIA STATE LffiRARY FOR CALIFORNIA LIBRARY SERVICES ACT (CLSA) FISCAL YEAR 1994/95 MATCHING FUNDS FOR LITERACY - The Chula Vista Literacy Team is applying for CLSA matching funds in order to supplement general funds used to support the Literacy Program. Staff recommends Council accept the report. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14.A. PUBLIC HEARING PCZ-91-D - CONSIDERATION OF PREZONING 14.23 ACRES LOCATED NORTH OF THE TERMINUS OF MOONVlEW DRIVE FROM RR-l (COUNTY) TO RE-P (8.37 ACRES) AND RE-40 (5.86 ACRES) - MICHAEL DEMICH - The item involves a prezone of 14.23 acres to the City's RE-P and RE-40 zones, and the subdivision of 8.37 acres of the 14.23 acres into 12 residential and 2 open space lots. The parcel to be subdivided is proposed to be prezoned to RE-P. Two adjoining parcels to the east owned by the Sweetwater Authority are proposed to be prezoned to RE-40. All parcels are located north of the terminus of Moonview Drive in the County of San Diego. Staff recommends COllncil place the ordinance on first reading and approve the resolution. (Director of Planning) B. PUBLIC HEARING PCS-91 ~2 - CONSIDERATION OF TENT A TIVE SUBDIVISION MAP FOR BONITA HILLS EXECUTIVE ESTATES, TRACT PCS-91-02 - MICHAEL DEMICH C. ORDINANCE 2607 PREZONING 14.23 ACRES OF LAND LOCATED NORTH OF THE TERMINUS OF MOONVIEW DRIVE TO RE-P (8.37 ACRES) AND RE-40 (5.86 ACRES) (first readin!!) D. RESOLUTION 17687 APPROVING THE TENTATIVE SUBDIVISION MAP FOR BONITA HILLS EXECUTIVE ESTATES, TRACT PCS 91-02, MAKING THE NECESSARY FINDINGS AND ADOPTING TIlE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING PROGRAM FOR IS-91-15 Martin Miller, Associate Planner. gave a brief overview of the project. Councilmember Horton questioned where the gate entries were located. Il/-t, COUNCIL AGENDA STATEMENT Item /.5 Meeting Date 12/6/94 ITEM TITLE: 19. Resolution /77 Y" Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon Estates Neighborhood 2 Unit 3 a, Resolution 1771/7 Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon Estates Neighborhood 3 Unit 3 SUBMITTED BY: REVIEWED BY: City Manag~G\ (4/5ths Vote: Yes_NolU ./1t On January 19, 1993, by Resolution 16960, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The eighth and ninth final maps for said tentative map are now before Council for approval. RECOMMENDATION: That Council adopt the resolutions approving the final maps and the subdivision improvement agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located on the northerly side of Otay Lakes Road and adjacent to the western side of the proposed alignment for State Route 125. It consists of 112.4 acres which are proposed to be subdivided into 344 residential lots and open space lots. The first seven units of the development, which were previously approved by Council, consisted of a total of 199 numbered single family residential lots and a total offive (5) lettered lots for open space and other public purposes totalling approximately 73.6 acres. The two maps now before Council for approval represent the final maps for the third phase of the development. These maps consist of a total of 20 numbered single family lots and one lettered open space lot totalling approximately 6.4 acres ( see Exhibit "F"). Approval of the maps brings the total number of approved lots for the development to 219 numbered residential lots and 6 lettered lots for open space and other public purposes. All conditions of approval applicable to these maps have been satisfied. /.?j , "I rJ' Page 2, Item /~ Meeting Date 12/6/94 The final maps for Unit 3 of Neighborhoods 2 and 3 of Chula Vista Tract 93-03, Telegraph Canyon Estates have been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final maps constitutes acceptance on behalf of the public portions of Marquette Road, Martinique Drive, and S1. Germain Road, acceptance on behalf of the City of Lot "A" for open space and other public uses and street tree planting and maintenance easements all as shown on the final maps. As a requirement of the tentative subdivision map the developer was required to enter into an agreement with the City to provide affordable housing. By an amendment to the conditions (approved by Resolution No. 17475 - Exhibit B) this condition was allowed to be postponed on the first phases of the final maps until the 200th dwelling unit in the overall subdivision was reached. These final maps include the 200th unit and, therefore, the condition to enter into the affordable housing agreement needed to be satisfied before these maps could be approved. The affordable housing agreement was approved by the City Council on November 22, 1994 (Exhibit E) and the maps may now be approved. The developer has also executed a Subdivision Improvement Agreement for each map and provided bonds to guarantee construction of the required public improvements (CV drawings 94-01 through 94-20), has paid all applicable fees except for PAD fees, and has provided a bond to guarantee the monumentation for said subdivision. According to City Ordinance No. 2592, all applicable fees are required to be paid prior to release of the final map for recordation, but not later than 60 days after the Council approves the map. Staff will not release the map for recordation until the PAD Fees have been paid. A Supplemental Subdivision Agreement applicable to these maps has been previously approved by Council with the first three final maps by Resolution 17279 (Exhibit "C"). A copy of this agreement is attached (Exhibit "0"). A plat is available for Council viewing. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final maps will be reimbursed from developer deposits. Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Council Resolution No. 16960 and Minutes of 1/19/93 meeting N()r ~~Ap~ &.1 Council Resolution No. 17475 and Minutes of 5/3/94 meeting" " Council Resolution No. 17279 and Minutes of 10/19/93 meeting 4 ,. Approved Supplemental Subdivision Improvement Agreement C1e'T I~ ,11/'" ~/S Affordable Housing Agreement - . Plat - Telegraph Canyon Estates Phase II Disclosure Statement AJD r ~t!."''''''''> G C> 15'~ ~ /c'z, . . t " . . ~~ .:s pc-s- 'f,-03 e Y?J4, ~ RESOLUTION NO. 16960 IESOLUTION OF THE tIn COUNCIL OF THE tIn OF CHULA VISTA APPROVING THE TENTATIVE SUBDlVlSION IlAP fOR KLE6RAPH CANYON !STATES. CHULA VISTA TRACT '3-03; AND flAKING THE NECESSARY FINDINGS; READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE RITI6ATION MONITORING PR06RAM FOR [IR II-OS WHEREAS. the property which fs the subject ..tter of this resolution -is fdentified and describe~ on Chula Vista Trlct '3-03. and fs c ~nly known as Telegrlph Clnyon Estltes ('Property'); Ind. WHEREAS. the .aldwin Vistl Associltes. Liaited. A Californil Plrtnership (Developer) filed I duly verified appHcation for the subdivision of the Property in the fo~ of the tentltive subdivision ..p known IS Telegrlph Canyon Estltes. Chula Vista Trlct 13-03. with the Pllnning Deplrt.ent of the City of Chull Vista on September 30. 1992 ('project'); Ind. WHEREAS, Slid applicltion requested the Ipproval for the subdivision of approli~ately 111.8 acres located on the north side of O1ay Lakes Road directly .ast of Otay Lakes Lodge ..bile home park and directly south of [astlake Shores, .ast of the easterly te~inus of 60tham Street. fnto 345 residential lots, open space areas and one recreation lot; and. . WHEREAS. the devel"~nt of the Property lias "en the subject,aatter of · leneral Development Plln ('6DP') Ind a Sectionll Planning Artl Plan ('SPA Plan') previously Ipproved by the City Council on August 25. 1'92 by Resolution No. 16768 wherein the City Council. fn the .nvironaental .valuation of said 6DP and SPA Plan, reHed in part on the Telegrlph Canyon [states leneral Develo~nt Plan and SPA Plan [nvironlental I.,act Report No. '1-03. SCH No. .1071033 ('Progrlm EIR 91-05'). a program .nvironlental f~act report IS s... fs defined fn CEQA Suidelfne Section 15168; Ind. WHEREAS. this Project is .. subsequent acUvity tn the ,rogra~ of development .nvirol\lltntaHy evaluated IIIIder Progr.. EIR .1-05 that is fn substantial confOTlllnce fn III relevlnt respects. fllCluding tot sfze. tot ...,ers. lot configurations. transportation corridors. etc.. to tilt project descriptions fn slfd f"w.er Iftvi,...ntal evaluaUons; and. . WHEREAS. the City Envf,...ntal leview Coordinator "s reviewed the ,roposed Tentativl Rap and det.nain.d that is fn substanUal cenfonllnc. with the . Ind SPA Plan. tIltrtfore 110 ... Iftvf,...nta1 tlDelllrnts I,. MClIIII'1; 1lHERW. the Pllnninll eo.illion ..,d 1ft adv.rtfsed ,..lfc "artngoon said ,"ject en Dec_er 16. 1992 Ind m.d to ree_nd that tilt tfll Council IPprove tilt T.ntative Rap fn Iccordanc. with the findinlls and cOllditionslfst.d below Ind ,.adopt.d the Stat...nt of Ov.rriding ConsideraUons and the' Ritigltion Monitoring Program; Ind, . E)<h\ bit- f\ /53 a_' esolution No. 16960 age 2 , ...\ '. . WHEREAS. the City Council set the ti~ and place for a public hearing on aid tentative subdivision ..p application and notice of said hearing. together ith its purpose. WIS ,hen by its ,ublic.tion in a ....p.per of ,ener.' ircul.tion fn the City and fts ..iling to ,roperty owners within 1,000 eetof he exterior kundaries of the ,roperty at '..st t.n tlays ,rior to tile "aringi nd. '>> WHEREAS. the ,ublic he.ring was held It the ti~ Ind ,lice as Idvertfsed. amely 6:00 p.... J.nuary 12. 19113. in the Councfl Cha~ers. 276 Fourth Avenue. efore the City Council and s.id public he.rfng .as there.fter closed. .OW THEREFORE. THE CITY COUNCIL ffnds. tlete..ines and nsolves as follows: EClION I. CEQA Finding re Previously Exa.ined Effects. The City Council hereby finds th.t the 'roJect. as a later Ictivity to that ev.luated fn the Progr.. llR '1-05. would h.ve no new effects th.t were not .xamined fn the ,receding Progr.m EIR 91-05 (Guidelines Section 15168 (c)(2); and. ECTlON II. ;[CTl~ III. CEQA Finding re Project .ithin Scope of Prior .rogr.. EIR. The City Council hereby finds th.t (1) there were no ch.n,es fn the project from the provr.m EIR which would nqu re revisions of said reportsi (2) no substantial changes have occurred with respect to the circu.stances under which the project fs undertaken since the previous report; (3) and no new fnfo~tion of subst.nti.l i.,ort.nce to the ,roject h.s become av.il.ble sfnce the issu.nce Ind approv.' of the prior reporti and that therefore. ItO MW effects could occur Ir ItO Itew .itig.tion ...sures wil'" nqufred in additfon to those alre.dy fn .xhtence and currently ..de a condition for Project f.pltllltnt.tion (Suidelines Section 15162). Therefore. the City Council approves the Project as an actiyfty that is within the scope If the project covered by the Progr.. EIR. and therefore. ftO It.. Iftvironlentll ~c...nts are required (Suidelines 15168(c)(2)). · """"\ 'e 4. Incorpor.tfon of All 'e.sfble Rftf,.tfon Reasuns and Altem.thes. tile City dots "reby adopt ad incorpor.te "nfn as condi- tfons for all approv.ls llerefn vanted allllftf,aUon M..uns and alt.mathes. tf any. tItIfch it us .t...ined. .y the findings ..de in tile lOP and SPA "solutfon, to .. fusible tn the approv.' of 1M Itn.r.' Dty.,....nt "11I ..... 1M SPA Pllll, ..s..cth.ly. ""'" . JS-Y . A-a . SECTJON IV. SECTJON V. . . , Resolution No. 16960 .age 3 lotice ~th Later Activiti.s. The City Councfl d015 "reby ,h. .otice, to the .xtent required lIy llW, thlt this Project is an activity ~thfn the scope of the progr.. approved 'Irli.r tn the lOP Ind SPA PlIn Resolution and the .rogr.. EIR Idequltely _scribes thl' activity for the pu~oses of CEQA (Guideline 15168 (e)). 'eneI'll .11n Findings--toftfOnllnce to tile "nerll Plln. Pursuant to toverllMnt Code Section 16473.5, tn the Subdivision Map Act, finds thlt the t.ntltive subdivision ..p as conditioned lIerein for T.l.grlph Canyon Estates, Chull Vista Trlct No. 13-03, is tn confOnllnce with 111 the various elements of the Citf's &tnerll Plln, the Telegraph Canyon . Estates General Deve oplent Plln Ind Sectional Pllnning Area Plln lIased on the follo.1ng: A. Land Use - The project is a residentill COIIllunity which provides three lot sizes ranging between 5,685 square feet Ind 8,350 squart f.et. Tlle project density is consistent with .idpoint of tile Low MediUlll density 'enerll Plln rlnge Ind the approved GOP Ind SPA '110. The project is Ilso consistent ~th &tnerll ,lln Ind SPA 'lln policies rellted to trading and llndforms. Circulltion - All of the on-sfte Ind off-site publiC streets requirtd to serv. the subdivision consist of Circulltion El_nt rolds and locllstreets fn 10Cltions required by Slid El_nt. The developer shill construct those flcilitfes tn Iccordlnce ~th City stlndards or pay tn-lieu fees in accordlnce ~th the Telegraph Canyon Estltes Public Facilities Ffnancfng 'lln. C. Mousing - ,he deve'oper is required to .nter into an .gre...nt ~th the Cfty to provide and .l...nt I low .nd _de rat. tftCOlll progr.. off-sft. of the project or .n tn-li.u contrillution '1'101' to tilt approval of the ffnll Mlp. D. Coftstrvltion .ftd Optn Spac. . lilt ,roj.ct ,rovid" .pproxf..t.ly Ii acres of optIl space, m of the totll Ill.' ICrtS. arldfng II&s ..n t~ttd on Iteep "l1sidll Ind ,.adfftg ,lan approval will requfre the nv.getation 0 I'opes.n ..tura' ....tatfon. E. 'IrkS and R.crelti on - lilt ;roj,ct wi 11 provi de 0.7 and 1.5 Icre ,riVlle ,roj.ct ncrt,tion lreas Ind the fI,..nt of full 'AD fits. .n Iddition, a public trlfl l1St. ~11 .. ,rovfded within the project. . 8. /5~ ~-3 olution No. 16960 e 4 " """" tCTlON VI. F. Seismic Safety - 10 seis.ic faults 'ave been tdentifi.d -- in the vic\nity of the property. ,. Public Safety - All ,ublic Ind ,rivlte faciliti.s .ill .. relchable within the threshold response ti.., for fire Ind police s.rvic.s. ". Public Flcilities - The d.v,'op.r will ,rovide III on- sit. Ind off-sit. streets, sewers Ind .ater flcilities ..cessary to serve this project. I. lohe - Tht project .nl tllclude 1I0ise Ittenultion .Ills IS require~ by In Icoustic studl dated June 28, 1991 ,repared for the troject. In I dition, III units are required to ..et t e standards of the UIC .ith rellard to Icceptable interior 1I0is. lev.ls. J. Scenic Highway - Th. roldway d.sign ,rovides wide landscaped buffers Ilong Telegraph Cln,on Road, a seenic hi~hWay. The development edge will e re~uired to be en anced consistent .ith scenic highway po icy. '"""" l. licycle Routes - licycle paths are provided within the rOject Ind Otly Llltu Road has been duigned to provide icycle llnu. - L. Public luil1ings - While 110 public building sites Ire required of the subdivision, the project is subject to , RCT Ind DIr fees. . Subdivision Map Act Findings. A. 'Illnce of Housillg leeds IlId Public Service Needs. Pursulnt to SeCtiOIl 66412.3 of the Subdiviston Map Act, the Council certifies that tt "s considered the Iffect of this Ipproval Oil the MuStllg Meds of the regiOft Ind "s .Illnced those Meds Igllllst the publtc service ...ds of lhe resid,"ts of the titr end the IVlilabl. fiscal Ind environ-.ntll resources. The tlevelop111l1t will ,rovide for I "ariety of stllgle f.n, tletlch.d ...s Ind .nl ,rovtd. for I. ad .derlte ,riced 'ousillg off-sfte of tM ,rootect consistent with regionll lOlls. I. OpportUllittes to.,. ..tUTll "Itill. end Coolillg IlIco'l'pO.,.lted. ,be conn,u.,.ltion, erientaUOft end topOl"'lph~ of the sUe partiln, Inows for tM epti_ siUIIg of lots for l~-/';' A-4 I ~ . . " .. . ( SECTION YJJ. . .esolution No. 16960 .age 5 C. ,assive or.atural heating and cooling opportunities as required by Iovernlent Code Section 66473.1. 'inding re Suitability for lesidential Develo,.ent. The site is ,hysica"y suitable for residential ~evelo,..nt and the propos., confonls to all st.ndards est.blished by the City for such projects. Condition.l Approv.' of Tent.tive Subdivision Mlp. A. Chu'a Vista Trlct '3-03 Tent.Uve Mlp is hereby Ipproved. subject t~ the following conditions, and on occurrence of the f~"owing conditions, the City will Ipprove and authorize the recording of the Final Map for the territory covered by said Tentathe Mlp (unless otherwise specifi.d. I" Conditions and Code Require- .nts shill be fully COllPleted to the City's satisf.ction for e.ch unit or ,hase prior to the Ipprov.l of the corresponding inll Map. Un'ess otherwise specified. 8dedic.te. Mlns ,rant the approprilte ease..nt. rlther th.n fee title): B. The developer shall: ' ~ I. Insta" ,ub'ic faciliti.s in accordance with the 'ublic 'Iciliti.s 'in.ncing ,'.n ('Fr,) IS _nded or IS required by the City Engineer to .et threshold standards adopted by the City of Chu'l Vistl. In Iddition, the s.quence in which i~rov...nts are constructed sh." correspond to Iny future East Chu'l Vista Tr.nsport.tion Phasing "ln as ..y be _nded in accordanct with the fin.l HNT8 SR-125 'inancing Study Idopted by the City. The City Engiaer and ".nning Director "Y. It thefr tliscreUon. IIOdify the ..quence of t~ro....nt construction should ~dittons change to warrlnt such I revision. ~",f".'ri",J Z. Prep.re. ....it end _tlin ."rova' of a Dtve'oplltnt fhasi"l "a.. ., the City Enlin.er and the Director ef "annilll ,rior to tht approval of 11\1 'Ina' III', said PIlIslnl Plan to .. consist.nt wtth the Pf'fP. IlIproY81ntJ. f.ctUties Ind lkdic.tions to .. ,rovid.d with ..ch phas. or ..it of lkvel~nt sh.n .. IS tlttenlintd by the City EnlillHr and the Director' of "anning. The City reserves tht ril"tt to condition IPProV.' of )Y7 ~-5 ~solution No. 16960 1ge 6 3. 4. " , .Ich finll ..p ~th the requi~nt to ,rovide slid f~rove.ent flcilities and lor dedicltions. The Citl Engineer and 'll~ning Director "I, at their dilcreUon, .dif, the sequence tlf fllprove.ent construction should condiUons chlnge to .Irrant such .a revision. (Engln"ring, "onn lng] The .UiglUon "Isures required before Final flip approvIl ., the Finll EnvirolWtntal l!lPlct leport for Telegraph Canlon Estltes (FUR) '1-05 are 'ereb, fncorporlted into this 'esolution ., reference. AnI such _lSures not satilfied ., a specific condition of this lesolution or ., the project design shall be f~l...nted to the satisf.ction of the Director of 'l.nning. Mitig.tion aasures shill be ~nitored vii the Mitigation Monitoring Program approved in conjunction with the FEIR. Modification of the sequence of .itigation shall be at the discretion tlf the Director of 'lanning should changes in circumstances warrant such revision. ['Zonnlng] .~ o . . Unless otherwise condiUoned, cOlllpl, with, retIIain in compliance with, and f~lement, the tenDs, conditions and provisions of the Telegraph Canlon Estates 'enera: Development 'lan, Sectional Planning Area 'lan, fIIster Plan of leclai.d Water, Water Conservation 'lan, Air Qualit, I~rov,..nt 'lan and the 'ublic Facilities Financing 'lan approved ., the Council '.Plans.) as are applicable to the ,ropertl which is the subject ..tter tlf this T.ntatiye flip, prior to .pproval of anI Final flip, or shall bave .ntered fnto an agree.ent ~th the Cit" providing the eitl ~th such sec~ritl (including recordation of covenants running ~th the land), Ind t~l...ntation trOt.dures a, the eftl '" "quire, IlIurtng that, after IIIproyal of I" 'inll flips, tile .yeloper shall conUnue to C_l, with, ,....in in a.plfanc. ~th Ind t~l...nt such 'lans. pZlltlnug, fIt,iMrrln,] ~ ~. JtN_tS.. It.IIlll:Il-w.v ."U_rev..nts . I. Proyide HCurttJ ia accordance ~th a.a,t.r 11.11i ef the "niei,al Code, .dicate and construct full street i~roy...nts for all public streets shown OIl the TentaUy, flip ~thin Ue subdiyision hunda,., a, nquirtd for each nit or phase. Said f~roy..nts sball include, but Mt be U.tt.d to, Uph;~.:-pe ..Y...n~_:e, l~ .esolution No. 16960 - ..ge 7 concrete curt, ,utter Ind sidewIlk, sewer, ftclliaed ..ter and water utiliti.s, drainlge facilities, Itreet lights, signs, Ind fire Ilydr.nts. An Itreets shin conforll to the City'. Street Design St.nd.rds 'olicy ado~ted by City Council Resolution 1153.' IIftless ot erwise conditioned or approved lIy tII. City Engineer. {E",I"urin,] ,. Dedic.t. for public u.. .,1 the streets shown on . the tent.the ..p within the lubdfvbion 1I0undlry for ..ch fin.l .p I' dttenlin.d lIy the City Engineer. {En,i"eeri",] 7. 'rovide design det.ils for the IIridge like , structure It the troject entry for review Ind Ivproy., of the C ty Engineer Ind Director of P .nnin, prior to the If,proy,' of the first Fin.l IIIp which c....t.. tnd yidu.l residential lots. {E",I"e,ri",. 'Zon"iniJ 8. Include right-of...y for SR 125 in . lot gr.nted . tn f.e to the City for open sp.ce Ind tr.nslort.tion ,u~.es prior to the I~proy., of the irst Fin.l f which c....tes ndfvidul1 residenti.l lots. nclude Slid lot in In open spice district until tr.nsferred to the St.te of C.liforni.. {E",fnuri"g, 'or'" tnId ',creoUo,,} ,. Inst.ll I fully .ctiv.t.d tr.ffic sign.' on Ot'{ L.kes Ro.d .t the proj.ct entry. Inst.l conduit, ~ul1 IIex,s; and wirint to interconnect said tr. fie lign. to tr.ff c signlls ,'ong T,'etr.ph Cantn Ro.d. 10 Traffic Si~nll Fu cred t win ,h.n for s.id tnst. 1.Uon. lln,f.e,rf",] . 10. Ir.nt to the City an ..slIent or e'Selents for st....t tree ,1.nting and ..int.n.nc., Ind llndscape lIuff.r are.. Ilong III ~blic st...ets in the Width ftquired lIy the City's St....t Design Stand.rds. [lEnifnt.riniJ . 11. Irant I 10-foot wid. lItiltty..seaent within open ~c. lots adj.cent to street l1,htl-of...y. 'E",fnt,rfll,] . 12. luMltt to and _tlin ....roy., " tII. City Engineer of .triping ,1.nl for In collector streets .t_ltlneously with the associ.t.d ~ illProyeaent ,1.nl. (En,int,rfll,] )~/ A-l olution No. 16i60 Ie 8 ""'" 13. Design all vertical curves and intersection sight distances to confo"" to standards fn the CalTrans Hilhway Design Manual. {Engtn"rtng] 14. Install transit llenities on ~th sfd,s af Otay Lakes Road at the ,roject .ntry ar appropriate alternathe location as approved .y tile City Engineer. Transit elenities fnclude .ut are not liaited to "nches and/or shelters and are subject to apltronl .y tile City Engineer. .ay $5.000 cash eposit to the City ,rior to the approval of the first Final Map to fund transit ..nities .lfn required. {Engin"ring] 15. Requested ~aiver 1 fs approved subject to compliance with ,arking requiretnents fn Street Design Standard Policy. ftem '20. 1age 12. Requested waivers 2 and 4 as liste on the tentathe 811 are lIereby approved subject to submission 0 a letter from a registered chit .n,ineer fndicating that the results of the WI vers requested confo"" with COIIIlon engineering ,ractice and standards in consideration of public ""'" safety. Requested ~aher 3 is denied. {Engin"ring] . 16. Vacate the Otay ~ater Di!trict access tasnent across Lots 6-12. [Engin"ring] Jew!rs 17. .rovide access to all sanitary sewer .nholes via an 1.,roved access road with a ainiaum width of 12 feet. desilned for an "-20 .meel load. ar other loading, subject to the approval af the . City Engineer. {Engin"ring] . 18. Provide ,raded acc'lI and 12 ft. ..de IIs..nts' to all ,ublic sto,. drain structures. tncludinl tnlet and outlet structures. Construct tllprovt .ccess across side ,ards to draiaage structures .xcept .s ethenrfse di recttd .y the Cf V Engineer. {E",tMfrtng] It. SublIit a Ust af fTTOPOStd lats tlldieat1., tlhtther the structure wi 1 .. leeattd 1ft f111, cut. ar a transition ..tween tile two sftuations ,ri,r to ""'\ .pproval af IIch '1aal Ma~ for single f.111 residential .It. {Engt.,r rIg] , / J,}? '/0 A-~ e 20. 21. 22. e 23. 24. . ( /511 "solution 10. 16960 'age , 'rovide a letter of ..~ission for ,riding from IOGIE ,rior to any ,riding within or adjlcent to the 120 ft. IOGlE .asIMnt or which would affect aeeen thereto and ..~inion to loclte a ,ubl1e sto~ drain within safd .asIMnt. {En,ineering] Construct retentfon/detentfon facflftfes on site or as approved by the Cfty Engfneer to reduce the qUlntity of runoff to an lIlOunt equIl to or len thin ,resent flows for the 100 ,ear frequency stOnl. .rovide desfgn and calculations for Slid facHities to the Cfty Engfneer for approval trior to issuance of a ,ral1ing ""'it. (Engineering] Prepare and obtlin approvIl by the City Engineer and the Director of "annfng an erosion and udhentatfon control ,1In and landscape/irrigltion plans as p'art of the grlding plans. [Engineerin,. 'lonning] Design the stonn drains and other drainlge facilities to include lest Mlnlge..nt 'rlctices to eini.ize non-,ofnt source ,ollution sltisflctory to the City Enginter. [En,in"rini] 'rovfde a letter of pe~ission froe the CWA for ,rading and construction of street i~rovelents within the 120 ft. wide 'ISelent. prior to any ,rading or construction within or adjlcent to the County "Iter . Authority (CWA) .aselent. [En,ineering] MI11I 25. 'resetlt wrftten verffication to the City Engfneer froe DtlY "Iter District that the subdivisfon .ill lie ,rovided adequate Wlter service and long tt~ Wlter ItOrAge facfUtfes. {lIt,ineerin,] , 26. ....vfde to the till a letter f.... Ota,y Munfcipll ..ater Diltrict hdicaU"1 that the assel_nts/bond.d indebtednell for all ,arcels tledfeated to tilt till Mve .." ..fd or that no aSlIn_ntl e.flt .11 the flreel (I>. ClIt,ineerilt,] ~ 27. bter tIIto all agrtlMllt wi th OW to cCllllli t to use of reclaf..d Wlterat the .arliest possfble dlte. Mike all reclaf..d Wlt.r lIS. confo~ to the f}-'i esolution No. 16960 age 10 . ""'" applicable regulations of Chula Vista, Regional Water Quality Control loard and the State DepartMnt of Health. {En, Inuring, 'Zl1nnlng] 28. Determine the e.lunt of and deposit .11 costs potentially incurred fl'Oll fttrofitting the reclailled .ater systlll in all areas to H .'tiaately publicly ..intained, when reclailled .ater HCOlleS available. the lIlOunt of said deposit subject to approval of the City Engineer. (Englnurlng] 29. Insta" reclailled .ater lines as outlined in the Public Facilities Financing "an when the associated road i~rov~nts are constructed or when the City Engineer determines that the facilities are necessary to provide a link to a live system. [Engineering] \ lareemtnts Enter into a Supplemental Subdivision Agreement(s) with the City to: 30. Authorize the City to withhold building permits for any units fn the subject subdivision ff any one of the following occur: a. Regional development thresholw li.its set by the last Chula Vista Transportation Phasing "an have Hen reached. b. Traffic volumes. llvels of service, public utilities and/or services txceed the adopted City threshold standards. 31. Comply with the ....lIuf.....nts of the "vised Eastern Chula Vista Transportation Phasing "an and Transportation Dtvtl'pIltnt IlIpact FH 'rograll or as said doc...nts ..y lie "visld Mild on the conclusions of thl N.". T .1. Statl Ioutl 125 fi nanet nl study. CE",lrtt,rtnU 32. lot ,rotest fot'llltion of '"d fnelusion fIl a llafntlnance District or Zone for tht ..illt....nce of landscaped _dialls and seenic corridors alonl Itrelts withill and adjaclnt to the subjlct property or an AsSlsllent District or Zone for the ..fntlnancl of 'lllJraph Canyon Flood Control Qannel. {E/lftrtt,rtnlJ """" -.., /.?/2 A-ID . 33. 34. 35. . 36. 37. . . J~-') :3 lesolution No. 16960 'Ige 11 lot ,rotest fo..tion of and inclusion in I C-unity Flc11ity Dhtrict to finlnce construction of SR 125. {Engin"ring] Defend, t....ify and hold Mnaless the City Ind its agents, officers and l11P'oyees, fl'Olll Iny Clli., Iction or ,roceeding Iglinst the City, or its Igents, officers or l11P'oyees to attlck, set aside, yoid or annul any approvIl .y the City, illcludillg IIlProvIl .y tts .llnning c.nission, City Counc11 or any approvIl .y its Igents,. .fficers, or .-ployees with nglrd to tllis subdivision ,rovided the City 'rDlPtly notifies the subdivider of any Clli., action or proceeding and on the further condition thlt the City fully cooperltes in the defense. (Engineering] Hold the City "Inaless fl'Olll In)' lilbility for erosion, siltltion or illcrelse flow of drlinlge . "sulting f~ this project. {Engineering] IlIsure thlt all frlnchised Clble television COIIplnies ('Clble COIIplny') Ire rnnitted equal opportunity to pllce conduit an provide cable television servfce to alch lot within the subdivision. lestrfct access to the conduit to only those frlnchised cable television cOllpanies ~o are, and ,...in ill c0IIp1iance with, III of the tenDs Ind conditions of the franchhe and ~ich are ill further compliance with all other rules, "gulations, ordinlnces and ,rocedures ngulatfllg Ind affectillg the operatfon of clble television c.-panies as s... ..y "Ive .een, or _y f~ ti. to ti. .. issued .y the City of thull Yhta. {[n,inuring] . Subllit certfflcltion silned .y the Chull Yhta 11...ntlry School District and Swettwater union IIflh School District indicltillg thlt the .veloper alld the District Mve IIItered illt:>> a .illdillg irrevocable alrHlltnt ,rovidlllg for full IIttilltion (IS .fined ill the ~ctll tax Itports utea Dec_er 1112) .f schoOl facUity Meds .lIerated .y the ,roj.ct. through a/tUllly alreed evilions for tilt .stabli....nt .f a lpeclll IlIg district. u ,er SpIcill tax Itports dated Dee"r 1112. or if ..wall~ agreed, the Ictull COIlstruction ., *v,'oper .f sChool facUities, or auch otlltr IIttigltiOIl as -1 .. ...d approprilt. ., the aff.cted school district ,rior to the approva' of the first fillll ..p Which COIltlillS allY nsidtlltill _Us. Developer Ihlll A-II !solution No. 16960 age 12 . . " '"""\ .Ive specificll11 wltved the liaitltions, ff any, of 'overMent Code 53080 and 65995 .t seC!. fnsofar as those provisions would Hait full .itigltion of Ichool facilfty ..eds and i~lcts. [PZonntng] . .~ f)Den Sale! ~ . ~ '"""\ J - 38. 'rant open spice lots -A- and -D-. and any portion of Lots -.- and -C- not dedicated fn fte to the County Wlter Authority, to the Cfty fn fee on the first Finll Map which creltes individull residentill lots and .aecute and record a deed for .Ich lot. [Engtn"rtng, hrks ond R",.,otton] 39. Submit a list of open Ipace items to be ..intained and a rough .stiute of ..intenlnce costs to allow City Itlff to deteraine a preli.inlry cost and 12reld for the open Iplce district. [Engineertng] Request thlt the City fora In ~en Spice District to ..intain public Open S~ace lots -A- and -D', and any portion of Lots -. and -C- not dedi cited fn fee to the County Water Authority, and submit to the City the associlted dilgram, cost esti.ate, description of work and a deposit of $8,000 for processing the fOnlltion of tt! district. [Engtn"rtng, hrks ond R",.,otton] Submit comprehensive detliled llndsclpe and frrigltion pllns and wlter ..nlgelent luidelines for all landsclpe frrigltion fn accordlnce with the Chull Yistl LandSClpe Manull. The llndsclpe fo,..t within the project Ihall .. fn lubstlntill confOnllnce with Section 3.2 (Llndsclpe Concept) of the Tel.grlph Canyon Estltes SPA ,11" and shill .. lubject to the aPfronl of the City Landsclpe Architect and the D rector of 'arks and "creIUon.. {PZnnlng, hrks .,,, lleCNIIUonJ GIltlin approvll of a" ,lant ..terills, IfI.s and 'oeltions, and ,rovfsions fOr tmllt,on of eptn Iplce ..intenlnce lrell f... the Director of 'arks Ind "creltion. porn.," lleere.UOII] . . trlde I '.vel. el..r arel at '.lIt tIlNt feet wide. 110ng the 'tft~h of Iny ..11 abutting In 1ft" Iflce district lot, IS ...sured fral face- 0'..,.' to ht1llllfng of Ilope, ..id lrel IS approved .y the City Intineer and Director of )~/y A-I~ 40. 41. 42. 43. Resolution "0. 16960 . ~u Parks and Recreation. (E"gf""rfng. 'orb find IIcNoUon] 44. Obtain approval .y the Di...ctor of Parks and Recreation for the sfle .nd location of all .ccess points to open sp.ce ..inten.nee .reas. (hrb IItId '"reoUon] 45. Indic.te on the trading plans that III ..,ls .tIich .re to ., ..int.ined .y .n open space ..intenance 'istrict .... constructed entirely within the lIistrict 'property. (hrb end IIcreotfon. E"if""ri"g] 46. Provide 3 ft. wide soHd Nse on all .alls fronting u20n .n open sp.ce district. [Porb ond 'ecreot I.on) 47. . 48. 49. . . 10. Obt.in Ipprov.' of final recreation trail .nd fence lIesign .nd loc.tion from the Director of Parks Ind Recreation. (Porles end 'ecreaUon) . Locate a 5 ft. wide decClllposed granite trail with a post and rail fence .djacent to the existing sidewalk on the north side of Olay Lakes Road subject to review and approv.' of the Director of Parks and Recre.tion. Loc.te said fence 2-feet Iway froll the odge of the tr.n. '(Paries end '"reat fon] I.,rove In '-footwide pedestrian elStlIItnt .long the entire Wlsterly side of Street A. along the aorth side of Lot ... to the San Diego County Mater Authority oaselent. aorth Ilong the .ast side of said e.Selent to Ind through the trail p.th ",tween lots 148 .nd 149. "ortherly along the west side of St...et F to the southerly side of Iotha. St...et, .nd Wlst to the westerly property boundary subject to review .nd Ipproval of the City Engineer .nd th. Di...cton of Parks IIId Recreation and Planning. (Engineeri"g, porb ""d IIcre"Uon. 'llm"tnl1 SubIIit .nual _Udin. "\'WIit reports, traffic counts .nd fiscal tllP.ct .nalJsis to the City c_nctn. with the construction of the project and scheduled to coincide with the IIInual ...view of the lrowth ...n....nt Iv.night c-1ttee. PI""" i",] /5---/'; A--l,3 !solution No. 16960 Igt 14 . '. Iti se:. U aneOU5 -..., ( ) 51. Tie the boundary of the subdivision to the Cllifomil Systell . Zone VI (11183). {Engin"ring] 52. Submit copies of Finl' Maps ill I digttll fo~t such IS (DXF) ,rlphic file prior to IpprovIl of .Ich Final Ma~ for any unit. Provide COIIputer aided Design (CAD) copy of the Finll Map based on accurlte coordinlte teOlletry calculltions and submit the info,..tion in dupliclte on 5-112 HD floppy disk prior to the approvIl of elch Finll IIIp. {Engin"ring] Mitigate noise i~acts on the residences Ilong SR 125 by the p llcement of soH d walls on the building pads It the top of the slopes Idjacent to the road~ay. The walls shall be constructed in confo,..nce with the design ,uideHnes set forth in the SPA Plln for Telegrlph Clnyon [states. The end of elch noise Will shill wrlp around the building pad enough to block the line of sight from III points in the exterior ltving spice to Iny portion of the illpacting rold~ay. Indiclte on the trading pllns the locltion of Slid walls. The design Ind pllce.ent Ire subject to the Ipprovll of the City Engineer Ind the Director of Planning. {Engineering, 'Zanning] Construct I block wa" between the retaining walls indicated on the Tentative Map along the south side of Iotha. Street Idjacent to the Otay Water District property. Slid wan shan not be lower than 5 feet in Ileight along its entire length and shall be constructed with decorative concrete blocks, lubject to the approval of the Director of Planntnl~ {"""nillg] Include the pedestriln path between Lots 148. 1411 and 150 in Lot C. ("ollll!lIg] Prepare Covenants, Conditions. and "strictions (CClR's) for the proJ.ct. subj.ct to the approval of tile Director of 'lanninl, which ,royide that: a. The ,arting .f flerlltional .-hie1es, .trln.,.. or ".ts within the .y.l....nt Ih.ll be prohibit.d. 53. 54. IS. 16. -... """ IS-It A-I~ Resolution No. 16960 . 'age 15 b. fencing on rear slopes shill be li.ited to . COlted chain link or wrought iron colored . lreen. black or earth tones. C'ZonntngJ 57. 'Iin Ipproval 'y the Directon of "anning and 'arks end Recreation of the final ftvelopment e'ans of the recreltion lreas on Lots -A' and 8'. (pZonntng. ~rb rmd "cNotton] . 58. Enhance the devtloplltnt edge 110n, the OtIY Likes IOld scenic corridor. t.... .ar ed .eights and setblcks. Irchitectural treawent. Ind decorative landscaping Ind Wills. subject to Ipprovll by the Dinctor of "anning. C'Zonntng. "'rks ond lfecNatton] 59. 'rov1de I letter .erifyin, thlt a qUllified plleontologist has been rete ned to 1eplement the aitigltion aelsuns relltive to tlleontol09iCIl resources IS outlined 1n t e Mitigltion . Monitoring 'rogrllll prior to the issulnce of a ,riding perait. C'Zonntng] . 60. Mitiglte Idvene taplctS Issociated with geologicll .IUrds 1n compliance with the aitigltion aonitorini program of the Finll Environmentll laplct eport for Telegrlph Clnyon tstltes lOP and SPA 'lan (EIR 11-05). C'Zonnfng. Engtnrertng] II. Dediclte and record an o~en spice .Isement on a ainiaum of 0.1 Icres wet Inds ISsocilted with a larger wetlands lrel on the OtIY Ranch property tn I locltion approved by the Director of ,lannfng. C'Zonntng] 62. Enter tlltO en Affonlable Moustllg Agrtllltnt with t.e City in conf01'lllnce wfth Condition No. I of the ,.,.ltrlPh CI~on Estat.s lOP .Ind SPA 'lln (Resolut on 10. 1 768) ~rfor to the ~provIl of ; IIl1 fiMl 1IIp. {c-n tI ".".z",.,nt I ! 63. Us. Stre.t A IS exclusiv. ace.ss to the property I 'y construction "hielts. "thea Stre.t and ereehood "'y "an .....ill clos.d antil the . aorthwest.rl, J::.I' of the ,roject 11 conltruct.d. sub .et to the approval of the City sg11l"r alld tht .Director of ,lanning. In,t..,,,,,. ,,.,,n"',] ( ;5-/7 it- IS" esolution No. 16960 Ige 16 . . . . . -.... 'ay off all existing deficit accounts associlted ,~ .ith the processing of this applicltion to the Sltisfaction of the Director of 'tanning. {Plannfng] IS. Landsclpe the arel 'etween-the retlining .Ilh on the south side of loth.. Street along the Dtly Municipa' Wlter District ,roperty and the sidewalk/trlil. subject to the approvIl of the Director of 'llnning. [PZ""nfng] 16. 'replre detafl.d plans for the develo~nt within Md adjlcent to the .llkwlY between lots 148. 149, and 150, slid pllns to include landsclping, fencing and house siting on adjlcent lots, subject to the approva' of the Director of 'lanning and 'Irks and Recreltion. {Plannfng, 'arks tlnd Rfcreation] 14. 67. 'rovide a planting area a .inimum of 3 feet in width between property line fences and retlining walls 3 feet in height or higher. subject to the approvll of the Director of 'lanning. (Plannfng] ""'"' Cod! _Atoui rem!nts .~ 68. Cluse the zoning of an off-site plrcel(s) to be ' used 'lclusivel)' for a COIIlIunity Purpose Flcilities Site(s), subject to the sltisflction and approvll of the Dir.ctor of .tlnning, prior to the recordltion of the first Finll Map for the project. or lubmit a Revised SPA .lln and Tentative Map which provides for said site within the subdivision. [Pltlnnfng, tHy AttomfY] . Comply with all applicabl. s.ctions of the Chull Yistl Municipll Code. ,"plrltion of the Tinll IIIp and an plans Ihln be in accordlnc. with the ,rovisions of the SUbdivision IIIpAct and the City of Chull Yistl SUbdivision Ordinanc. and Subdivision IIInual. CEltff.,rinl. """ntng] Underground a11 tltnities within the subdivision in accordlnc. with lUnicf,.l Code requf,..,nts. CEltfinttring] 'ay the fo11owing fees in accordanc. with the City Code and Councn Policy: J 69. 70. 71. """ J~/Y A-)~ . . . . t SECTION YJII. SECTION IX. . "solution No. 16960 .age 17 .. The TransportaUon and 'ubHc Facilities Dtveloplent lIpact 'ees prior to the Issuance of anf building permit. Si.nal Participation 'ees. All applicable ....r fees. Including but "ot Uaited to ....r connection fees. '.y tile Tele.raph 'CanfO" Sewer lasin fee. b. t. d. e. .ay the Telegraph Canyon tlrain.ge fees in accordance with Ordinance 1384 prior to final ..p approval. 'ay the lIlOunt of said fees In effect at the tilll of issulnce of building permits. [Engineering] 72. MIke all proposed developlllnt consistent with the tutLlke I SPA Planned Coanunity District Regulations. as eatnded in the Telegraph Canyon Estltes SPA "an. su~ect to the approv.' of the Director "annlng. C'Zonnfng] 73. Comply with TU1. 14 and any other .nergy .. conservation ordinances and policies In effect at the tiae construction occurs on thi pro~erty in conformance with this T.ntatlve Map. {Building .nd Housing. 'Zonning] Consequence of Failure of Conditions. If any of the foregoing conditions fan to occur. or if they are. by their t.rms. to be illlll.nt.d and ..intained over tiM. or If any of such conditions fan to be so i,'tMnted and ..Intain.d according to tb.ir teras. tIl. City. 011 owi ng a pubHc ".aring by tile City Councn at which the appHcant or lucc.ssor in int.rest is ,tven aotice and the opportunity to appear and be "'ard with "gard the"to. shall MV' the right to "voke or _dify all approvals ""III ,rant.d. deny or further condition issuance of all future Ilundillg permits. "enf. "vok. or further condition all certificates of occupancy issued ..der tIl. authority .f .,provals Ittrein ,rant.d. Institute and ,rosecut. 'Itigatlon to COIP" their CIlII(lHance with said condittons or ...It ....es for their wiolaUon. ,. ctQA Filldin.s. /S-//j A - \i !solution No. 16960 Ige 18 A. I. . . .' . """ \. ) The Council does IIereby n-.pprove. Iccept .s fts own. Ind n-fncorpor.te .s ff set forth full IIerein. Ind ..ke ..ch .nd Ivery one of the CEQA Findings Ittached Ilereto IS Exhibit A. C. As ~re fully fdentifi.d Ind set forth fn the Progr.. fIR and fn the CEQA Findings for thh Project. the Council IIer.by finds. pursuant to Public Resources Code Section 21081 Ind CEQA 5uidelines Section 15091. that the .itigation ..asures described fn the Ibove nferenced docUllltnt .re feasible .nd w11 1 becOlllt binding upon the .ppropri.te entity such .s the Applicant. the City. or other speci., districts which has to i~le..nt these specific .itigation ..asures. feasibility of A'ternat~ As fs also ftoted fn the envfronmental docUllltnts nferenced in the i~diately ,receding parlgrlph, six alternatives to the Project which were fdentified as ,otential'y felsible are IIereby found ftot to be feasible. These alternatives are: ftO project. two alternative designs and three alternltive locations. 6doDtion of ~itiRJ1jon Mont12t1Da-Proarlm. As nquired by the Public Resources Code SecUon 21081.6. City Council IIereby re-adopts the Mitigation Monitoring and Reporting progr.m ("Program") set forth as Exhibit I to this nsolution and fncorpor.ted herein by nference as set forth fn full. The City Council finds thlt the Progra. is d.sfllledCo ensure that during "the project fllPl...nt.Uon and ,per.Uon. the Applic.nts Ind other responsible partill fllpl...nt the ,roj.ct COIIPon.nts Ind COIIPly With the f..sibl. .iUgation ..asures fdenUfi.d fft the Flndh'.s and fft the ProJr... """ . D. E. (vln Ift.r the .....doptfon of an f..sfbl. .ttf,.tfon _asuns. c.rtain Ifllllflc.nt or potentially If pi ic.nt .nviro.-nt.l Iff.cts Clused.y tilt ,roj.ct c.-l.th." will nuin. fterefore. the City Councu of the Cfty of Chu1a 'ht. re-fllutS. fUrsu.nt .to CEQA lIIide1lnes SecUon 15093. I St.t...nt of oy.rrfdin. Consider.Uons. as set forth and att,ched "nto as Exhibit C. fdentifyin, the specific lCon..ic. loci.," and other consider.t on. that render the ....voidabl. Iflllific.nt )y..JtJ A-I~ ~ - . . lesolution No. 16960 'age 19 adverse envi......nt., eff.cts still silnific.nt but accept.ble. SECTION X. lotice of Detenain.tion. City Council directs tht Environltnt., levi.. C,ordinator to post I NoUce of Detenain.Uon Ind fil. the SIM with the County Clerk. . SECTION XI. Adoption of Street lI..s. City Councn hereby Iccepts the Nc_nd.Uon of the Planning COIIIIission Ind IPProves and Idopts IS the .fficial street names for .11 streets within the subdivision, those set forth in Exhibit D Itt.ched hereto, pursu.nt to Chul. 'ist. Municipa' Code Section 12.44.010. Presented by .:/ 'A" /I /L I ('./.?f / ( [,..u "- Robert A. Leiter Director of P'.nning ruce M. 'oolla. City Attome,)' . /S>c2/ fH9' . -- '" ~I'I , "'" . ~ II! . ~l ;~!~ , '" " ) ~ . . C . ~SO 1 ut i on .. lit 20 nO. 16960 . . - -:-- .- . ., .. . - .- : \" . .,. ; ~ - . - . A-~t) JPc):L - ""'" ....\ .. . . Resolution No. 16960 'llIe 2) 'ASSED, APPROVED and ADOPTED by the City Council of the City of Chula ViStl, Californi~, this 19th day of ~anuar,y, 1993, by the foll~nll vote: YES: CouneilMllbers: Fox. IIorton. Moore. lindone IOES: CouneilMllbers: lone ABSENT: Couneil..~erl: lader ABSTAIN: Couneil..~e"': lone ATTEST: . (;- -I' '. . . .. . fverly ~. Authelet, City C erk /I STAlE OF CALIFORNIA } COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vilta. California, do hereby certify that the forelloinll Resolution No. 16960 was duly passed, approved, and adopted by the City Council held on the 19th day of ~anuar,y. 1993. . Executed thil ll1th day of ~anuary, 1993. IS. . ~ J:/cJJ Minutes January 19, 1993 Page 3 ......... AttorDI!Y. approved 4-0-1, with Nader absent. RESOU1nON 16966 AS AMENDED, OFFERED BY COUNCU4AN RlNOONE, reading oldie tat was waived, passed and approved 4-0-1, with Nader absent. · · END OF CONSENT CALENDAR · · PUBUC HEARINGS AND JlJ;t""TED RESOU1nONS AND ORDINANnl_C: 9. PUBUC HEARING PCS-93-43: OONSIDERAll0N OF 1lIE lENTA'I1VE MAP, SfA11!MENT OF OVERRIDING CONSIDERAll0NS AND MI11GAll0N MONITORING PROGRAM, AND STREET NAMES POR 'l'El:E.GRAPH CANYON ESTATES. BALDWIN VISTA ASSOCIATES . The applicant proposes to subdivide 112 acres of presently unincorporated property located on the north side of Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores. The proposal calls for 345 single family lots, two recreation areas, and four open space lots containing over 26 acres. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 1/12193. Paul Manganelli, Senior Planner, briefly described the project. He focused on the circulation elements of the project as requested by Council. Councilman Fox asked when the agreement regarding affordable housing would be forthcoming. Mr. Manganelli responded that was Condition 62 of the Final Map and would be presented to Council when the Final Map was brought forward. Councilman Fox stated he understood Baldwin would be required to provide the Community Purpose Facility """' whether or not the Otay Ranch was annexed. He stated his desire that the facility be located in close proximity to Telegraph Canyon Estates. Mr. Manganelli replied that staff would look at the location in a broad context relative to the Eastern Territories as a whole and it would not be absolutely required to be within a specific distance of Telegraph Canyon Estates but would be in the General Planning and Service Area. He noted that Baldwin had proposed meeting the facility requirement in the first village of OlaY Rmch which was in relative close proximity to Telegraph Canyon Estates. Mr. Manganelli pointed out that the revised School Condition wording, as recommended by the School District, was placed before Council prior to the start of the meeting. This being the time and place as advertised, the public hearing was declared open. Tim O'Grady, 2029 Port Cardiff, Chula Vista, CA 91911, representing the Baldwin Company, thanked staff and noted Baldwin's concurrence with the resolution and all conditions contained within. There being no further public testimony, the public hearing was declared closed. RESOLtmON 16960 APPROVING 1lIE lENTA'I1VE SUBDMSlON MAP FOR 'I'ElBGRAPH CANYON ESTATES, QiULA VlSfA 11L\CT 93-03: AND MAJClNG 1lIE 1I"'~"""JlY FINDINGS; READOP11NG 11iE SfATEMENT OF OVEJUUDING CONSIDERAllONS AND 1lIE MI11GAllON MONITORING PROGRAM FOR EIR 91-05 City Attorney Boogaard stated staff requested Council amend the motion by substituting the language in Item No. 37 as contained in the handout. MSC lFoaIHorton) to amend CaDcIition No. ~, 4-0-1, with Nader absent. ......... RESOU1nON 16960 AS AMENDED, OFFERED BY COUNCU4AN MOORE, nacIin& oldie tat - waived, passed and .......oved 4-0-1, with NaIl. UMnt. /~rJL/ P, -~d... . . . c , ~)(h f b ,.+ t! ..( .I RESOLUTION NO. 17475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CERTAIN CONDITIONS OF RESOLUTION NO. 16960 APPROVING THE TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 93-03. TELEGRAPH CANYON ESTATES WHEREAS. on January 19. 1993. by Resolution 16960. the City Council approved the Tantative Subdivision Map for Chula Vista Tract 93-03. Telegraph Canyon Estates; and. WHEREAS. at the time the first final map of this development was approved. Council also adopted Resolution 17278 emending the original conditions of approval of the tentative map and certain conditions were amended to defer compliance until approval of a later final map of the development; and. WHEREAS. the supplemental subdivision agreement for the first phase of development (Resolution No.1 7279) outlined the terms and conditions for the developer to satisfy the amended conditions; and. WHEREAS. the developer is now requesting thet Council further amend Conditions of Approval Nos. 61. 62. end 68 to defer compliance until approve of subsequent maps; and. WHEREAS. Condition No. 61. as originally amended. raquires the developer to enter into an agreement to dedicate and record in first priority positions a minimum of 0.9 acres of wetlands on the Otay Ranch property prior to approval of the fourth final map; and. WHEREAS. it hed been anticipated thet the grant of ..samant and subordination agreement would be completed prior to presenting the fourth final map for Council approval; the grant of eesement hes been prepared and recorded. however. because the property on which the easement is located serves as collateral for loans sacured for the purchase of the Otay Ranch the subordination agreement must be executed by a number of different entities and individuals and the execution process hes taken considerably more time then anticipated; and. WHEREAS. etaff recommends thet Condition No. 61 be further amended to read as follows: . -Enter into an agreement not to apply for Council approval of a fourth or leter Finel Map for the Property until Developer hes dedicated to the City, by the recordation of a dedication deed, en ..sement over a minimum of 0.8 acres wetlands essocieted with a Jerga wetlends ... on the Otey Rench property in a location approved by the Director of Planning (-Originally Wetlands Easement-. and provided a title policy covering the Original Wetlands Easement. Developer lhall further agree not to apply for Counci/approval of the final mep conteining the 232nd lot until Developer hes recorded all neceSSlry subordination agreements to subordinate any deedS of trUll Incumbering the property on which the Original Wetland Easement is located and provided a titla policy insuring the~ority of the. Origina;I:~S Easei7 o? 3 - Resolution No. 17475 Page 2 .. .. ~ WHEREAS. the original Condition 62 of the approved tentative map for Telegraph Canyon Estates required the developer to enter into an affordable housing agreement to. as a minimum. grant in fee to the City not less than three buildable acres in a location and of a character satisfactory to the City for the purpose of constructing housing for low Ind moderate income families; Ind. WHEREAS. Condition No. 62. as previously Imended. requires the developer to enter into an Affordable Housing Agreement with the City to provide 34.4 Iffordable housing units of the Fifth Final Map; Ind. . WHEREAS. since it is anticipated that the fifth final map will soon be presented to Council for approval and the developer and City staff heve come to In understanding that the required effordable housing may be provided partly on-site end partly off.site. Staff recommends that Condition No. 62 be further amended to read as follows: "Developer agrees that. without permission of the Council. it will not epply for Council approval of a Final Map covering the 200th lot within the Property to be subdivided until City and Developer have entered into an affordable housing agreement in accordance with Condition No.6 of the resolution approving the General Development Plan and SPA Plan for the Telegraph Cenyon Estates project (Resolution No. 16960)."' WHEREAS. Condition No. 68. es originally amended. requires the Developer to enter into an agreement with the City to cause. consent to. permit. epply for. end not oppose the planning or replanning and zoning or rezoning of an off-site parcells) as a Community Purpose Facilities (CPF) site prior to the recordation of the fourth Final Map; and. ""'"" WHEREAS. the CPF site is expected to be provided in the first village of the Dtay Ranch. and the Dtay Ranch General Development Plan has been conditioned accordingly. however. the Dtay Ranch property has not yet been annexed and therefore the developer is unable to comply with the condition at this time: and. WHEREAS. the amended condition would require the developer to further reserve and later replan an appropriate CPF site within the project if In off.site parcel cannot be guaranteed prior to the Ipprovll of the final map containing the 301st lot of the subdivision; and. WHEREAS. Council desires Condition 68 be Imendld IS follows: Devlloper Igrees thlt It shill. concurrently with the execution of this Agreement. record I covenant ("Covenant.) aglinst I parcel (.CPF Parcel.) Iegllly described IS shown on Exhibit A. entitled .Legll Description. C.P.f:. Site.. (consistently of approximetely 1.151 Icres Ioclted within the Irll of the Property. Ind Iegllly mlpped as shown on the Exhibit B Ittached hereto Ind incorporated herein. that such parcel shill be restricted for the use IS I Community Purpose Flcilitilslite. In the event thlt Developer Ipplies to the Council for IpprovII of I Final Mlp covering the 301st lot to ~ 'Amendld on Council floor. May 3. '894. to reld IS lit forth herein. ~ D~d? . . . .J , Resolution No. 17475 Page 3 be subdivided within the Property and Developer hIS not (re)planned and (relzoned as a Community Purpose Facilities Site 1.5 acres of property within the territory of the city satisfactory to the City, the City can, at City's option, either amend the SPA Plan and rezone the Property themselves or require Developer to submit an amendment to the SPA Plan and amend the zoning map and/or zoning regulations to specify the necessary zoning for such a Community Purpose Facilities site within the boundaries of the Property coverad by the Covenant; provided, however, in the event Developer does plan and zone a Community Purpose Facilities site on an off-site parcel within the City of sufficient size, in a sufficient location and to the satisfaction of the City which is owned by Developer, then the Covenant shall be terminated and of no further force or affect and City shall execute any and all necessary documents to provide for such termination. -2 NOW, THEREFOREM BE IT RESOLVED that tha City Council of the City of Chuta Vista does hereby amand certain conditions of Rasolution No. 16960 aproving tha Tentative Subdivision Map for Chula Vista Tract 93-03. Telagraph Canyon Estates as set forth hereinabove. Presented by i!-UJ~ -M:11 . . hn P. LiPPltt~ Director of Public Works Bruce M. Boogaar City Attorney 'Amended on Council floor at May 3, 1994 meeting. ~ /5~c2? R.solution No. 17475 Pege 4 . . ~ , EXHIBIT A LEGAL DESCRIPTION c.PoF.1JTE 1IIAT PClkT10N OF tHE SOUTHWIST QUARlD OFIIcnoN u.1O'It'NSHIP n IOUnI. aANClE I WIIT,IAM ID.NAIlDENO.AIE AND NDJDWl.1N tHE crrY OF CIM.A VISTA. c:ouNrY OF lAM DlEOO,ITAU OF ~ 1lI1C'"...... AS I'OLLOW$. aE~Ci AT tHE MOSTI011IDLY CXlaNEl OF LOT It. OIULA VISTA ftAtTNO. tu" 1mZCiRAJIM CANYON ESTATES NElClHlOlHOOD' UNn' NO. I. IN tHE crrY OF OIULA VIST.... . CXlUN'1Y OF SAN DIlOO, STAU OF ~ ACCQU)!NCi 10 NAP 'I1ID.IOI' NO. IJO'lO, nzD IN 1HE Clf7'1CE OF tHE lAM DIlOO CXlUN1'Y UCOlU)D ON NOYDCID 22, 1"'. 'IHINCI A1.ONCi tHE NORTHEJU. Y LINE OF SAID LOT It AND I.OTS II. n, 16 AND 15 OF SAID NAP NO. IJO'lO tHE I'Q.LOWlNCi THREE COURSES. SOUnf 62" 0.' 00" WEST, 4U5 PUr, tHENCE SOUnf ,.. 42' OS" WIIT,6U4 FI1'T,tHENCE 10TH 16" 05'00" WEST,llUtPlET,'lHENCE lL\VINCi SAID NORTHEJU. Y UNE.IOTHIJ" JI' CllI" WIlT, m.ts FEET, THENCE NORTH or 'I' 00" lAST, 121.10 ""'" nET,tHENCE IOnlU".OO" 1AST,I2UI FEET,THENCE SOUnf"" 27'''"IAST,56.00Fl1'T 10 A POM ON A NON.TANGENT 421.00 FOOT RADM CUlVE CONCAVE WISUlU.Y, tm1I A aEARINCi FlOM tHE RADlUS 10 SAID POM OF SOUnf .," 27' ""lAST, THENCE sotmIERL Y A1.ONCi 1HE ARC OF SAID CUlVE nIROUCiH A CENnAL ANCiU OF 01" 14' "", A DISTANCE Of UO PEET, tHENCE SOUnf os" 4" 00' WEST, 11.16 FEET 10 1HE aEGlNNJNCi OF A TANGENT to.OO FOOT RADlUS CUlVE CONCAVE EASmU. Y; tHENCE sotmIERL Y A1.ONCi 1HE ARC OF SAID CUlVE 1HIlOUOH A CENnAL ANGLE OF 11" 41' JO", A DISTANCE Of 21.9' PUr. tHENCE SOUnf Ir 01' JO" 1AST,IU6 FEET,tHENCE NORnI.,. SJ' OIl" EAST, IOU' PUr; 'lHENC! SOU1H 01" 24' 00" EAST, " 10.34 PEET, THENCE SOUnf .," 56' 21" WEST. ".tJ PIET,1HENCE SOU1H :II" 07' 00" war, ,us nET 10 tHE POINT OF UGlNNJNCi. ~..~ ~~'7_ W. Hill. Jr. L.S.5669 """\ ~ /yC:Zc;s' .. / / / . . -- J . Resolution No. 17475 Page 5 LEGAL DESCRIPTION PLAT C.P .F. SITE ! ... ...,.. _c.... y, w... .., w.. .... . , J:::j I s.,..... .,,,. L".IO l" , ;l; ... . C P.F. SITE ..51 AClIlES ~. ;; . ~, ... s IIII' "'00' 1171''''01'1 G,.' ..,.. 1.1.1" I. I- I ..J.,. .,. l-n .. \...... I ~.".. ~. ..,~,.. .....t..... . .,., .. , - ...--- ~ ;S~;L/ Resolution No. 17475 Page 6 . . """\ PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of May, 1994, by the following vote: AYES: Councilmembers: Horton. Malcolm, Moore. Nadar, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~/I~~ Tim Nader. Mayor ATTEST: 1 STATE OF CALIFORNIA)' COUNTY OF SAN DIEGO I SS. CITY OF CHULA VISTA ) . I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17475 was duly passed. approved, and adopted by the City Council held on the 3rd day of May, 1994. Executed this 3rd day of May. 1994. ~~! () t2 d/J I-- Beverly . Authelet. City Clerk """\ ~s-,-- J ZJ . , . . . . / I MiIlules May 3. 1994 Paae 7 APPROVING A TENTATIVE SUBDIVISION MAP lOR TELEGRAI'II CANYON ESTATES, AND AUl'BORlZING TIlE MAYOR TO EXEClTI'E SAME E. lI~cnumoN t'7.'77 APPROVING FINAL MAP OF TRACT ~, TELEGRAPH CANYON ESTATES NEIGHBORHOOD I tJN1T 1, ACCEPI1NG ON BEHALF OF TIlE I'llBLlC THE I'UBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP wrrHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMI'ROVEMENT AGREEMENT FOR THE COMPLETION OF IMI'ROVEMENTS REQUIRED BY SAID SUBDIVISION, AND At.mIORlZING THE MAYOR TO EXEClTI'E SAID AGREEMENT City .u-y Ie u pard IIlIIed two ...Or<*d dIaDJeI- -aOIiaIed at !be Iaat MUle ... admiDiltralive alaff bad _ bad a cIIaDc:e to _iew lbem. 11Ie..-re to pl..!be cbaDp - cnUed It)'!be Deed of the developer to NCOnI a map ... lbeir fiDaDcilll _ d.i* deatllpOD doiDl aD. 11Ie orI;".""" ill !be CouDcil DOlebook required lbe developer to pay !be PAD r- ... olber required .. witbiD 60 days of map lppIOYal. 1baI - a cIwlle from !be curnol policy aDd put pnlCtice of bavilll!be cleveloper pay !be PAD r- at or before map approval. He _ DOl advocatilll Council's adoptioo bul_ DOl objectiDl it eidler becfl'- it-waed a provilioo !bat !be fuDd illto whicb tbe fees would 10 would collect iII_ at two perceDtqe poiDII above lbe avenae i11lllre1llllllliDls. He fell !bat cnUed a cub eqwvaleacy betweeD a CUmDt pay_t aDd a fiIlure paymeot MCUred by a AM rated iuul'llllcc compaDy or a Jdgr of credil. 11Ie City Maaaaer _ City AlIor8e)' would bay. to acne 011 !be propoaed eecurily. It _ ill !be form of all onIiDaDce \ ..- it would be lIYailable to allY pcopaeed fee payer. 11Ie fint _..-.I_I to !be I\IPPlemeotallUbdivisiOll iIIIproY_t .,..-1 alao bad dIaDJeI as IIIII'ked ill !be .pdnoll. Mayor Nader alated be bad u1ted for iIIformatioD 00 low a.c:o- .....~;..I. i.e. CaDditiOD 16. 11Ie illformatiOll pnllllted _ iDcomplele. bul!be --'itiOD _ for !be provisioa of tbree builcIabIe acres for low iDcome bouaiIIl _ il_ left opeD as to who il would ultimately be provided to. 11Ie _terials ill !be .,eoda packellUllested tbal il bad beeD eIwlled to a diff_11el of --'itiODs __ DOW beiDl further lIIOCIified ill tbe Cily AttorDey's proposal. He _ uaclear as to wbeD !be lIIOCIificatioo _ doDe by the Council. Cily A\IorDey Boopard IIlIIed !be .,._1 beiDl refemd to _ -'tird 011 pap 13-13'" toaditiOD 68_ npeated 011 pale 13-16. T_tative Map CoDditioo 16 provided sublUtutioa npll of tbree buildable acres. Mayor Nader IIlIIed il _ DOl a substilUlioD ripl, it _ a coaditiOD tbat tbere be tbree buildable acres. II appeared tbere _ a eIwlle. He '1'*'ioaed if !bat --'itioa _ pc_ M iIIlbe pnlpC*I or if it - altered. City A\IorDey Booaaard ,.., oatt.d tbat it _ altered. Tbere _ a duty to provide tbree off-site buildable acres of affordable bousiD& _!be ..-t before CouDcil allowed, Illbe C-Cil'. optiOD, !be ripl to require !be cub or IaDcI equivalSllCy to !be burdeD ofbuildilll17.21ow a.c:o-lIIIill CIII 1 1/2 acres. 11Ie affordable bouIia. ~I for tbree buildable acres _ beiIII COIIveNd to lbe c-i1'. optiOD of bavia.l 1/2 acres of Iaad. Mayor Nader ~_u-d why tbat _ beiIII doae _ why it _ _ __ .p1icidy apelled out for CouIlcil. He "I tbat _ a aipificaDl cban.e. City .u-y Booaaard IIlIIed lbe cIIaa.. Dccurred late ..... aftenIUOll'. He fell it --.s be a - ripous .-litiCIII tbaD lbe previoul CoDditioa 16. 11Ie C_i1 would ......lbe riPt to requiN -ab raw laDCI to be !be equiYaleDt of providiDJ lbe laDCI _ IT 1 '(""Ilbe lIIIill. Dave 0.--, A-'''III' DiNc:tor of ':" ~ Dev*'f" "I,. .IDllr1 tbat CoDditiCIIII6 - ..leNd to lbe __ tbat lbe ....... iIIcoIDe _II .... be "oIllilr" _ . _ IIaff fait ..... _ - advaDtap. 11Ie low ___lIIIill would IlilI be off-si.. _lbe apliCIII available to C---i1 would be to requiN lbe ....;...,;"" of lbe laDCI 10 build lbem. 11Ie previouI coaditiOD IIlIIed lben would be tbree acres, Wf of wlaiell would be ...... iDcoaIe. Mayor Nader IIlIIed tbat _!be ........ OWip'....., lIuI wai DDl wbaI_ ~ .... iIIto tbat panicuIar tetative D!I. II did DDllplCify tbat balf would lie low iIIcoIDe "'-"1' 11Ie __ - ..... .. coaditioa would u1u.ta1y lIelaliafied It)' dIediIIl- eidler to !be City, or a c [- _01)' Daa JIIOfil orr";..tiOll", ....., to lbe City. tbree ~ J~/J/ lIuiId,hIe _ lbII could be aecI for low iDcome .........;..,. He falllbll caaditioa was ID qverridiaa ~..;claatioa lbII jllllified tbe ~ta1 impIct of tbe project. He was diIlurIlad lbII il ....... tbere was a prclIlClMIto IlIbIlIDtivaly dIIDp a caaditioa tbe policy -un i.......... IDd illlaould !lave "- put cIauIy before CoImcil. He ~ why tbere iIaedad to be a clllDp ill tbe oriJiIIaI caaditioa. City AltorDe)' Boopard lilted tbere -sed to be _ dIIDp if "08'- was to be .... i.e. dIa deveIopat IIad tbe riplto dafir tbe cIuty to have a .........;'1. ..,-, with tbe City _tildla fowtb liIIIIlIIIp IDd tbe iDteDlwas 10 defer lbIIlIDli1 the fifth liIIIIlIIIp or IUbleqIMlll apI. He was /lilt IlIrlaiII tbere was a _iouI illla1lto lUbvert the optioa craaIed ill CoDcIitioa 16. CoImcil. UDder CoDcIitioa 16 IIad ID optioa i111i1u of NqUiriDJ the developer to build affordable bouIiII. provide IDOtber acn of 1aDd. He fell tbe ......... would have preferred to cIoaate tbe 1IDd. If tbe City oaIy .-ivad the IIDd tbere would be tbe u..... of approu-tely $30.000 to build .clllIIIiL Mayor Nader ..,.....--. wbetber _ff IIad IIkIll tbe poaitioa lbII tbe IIDd IIad to be _veyad to tbe City III wbicll poiIIt tbe City would build the lIIIill. 11Ie illteot of tbe oriJiIIaI caaditioa was lbII tbe wCl6~ could be to a _.....~;ty --.nofit orpaizatioa lbII _.bl have the ability to pi the lIIIill built. ColiDc;I-,* Moon queatioaad wbelber CoImcil could lDOYe forward with tile other items with _ff JDIkiD. copiea of 11\ iIIfonaatioa for other CoImcil_mben. Mayor Nader lilted CouDcil could IIIOve forward with .-olutioas lbII _ aepante from lbII caaditioa or jllll IIIOlve il by \elvill. the oriJillll ooaditioa sa il was IDd iDcorporalill. it illto the I'IIOlutioas. City AttorDey Booparcl slatad the developer WlDtad approval of Item E. i.e. approval of the liIIIIlIIlIp. S1aff did /lilt WlDt lbII approved UDtil they _ aun the developer would perform the other ooaditioas. Item D addnued tbe 110".;", iAue. -iE >.]..!: ... 'I'u MilluIeI May 3. 1994 ..... B ~ CouDcil~r Moon CII*lioaad if IDY CouDcil_mber disaar-\ with 17.2 IIIOdenIe iDcome bouIiII, lIIIill oa the preIOIIl lile. Mayor Nader Itatad be did becauae it was a cbaDp ill what was previoualy actad IIpoII which Itatad the IIltin affordable bousiII, el_t would be satisfied with a provilioa of buildableacnaae off-sile for 34l111ill of affordable bousiD,. ItESOLunON 1'74740n'ERED BY MAYOR NADER. ratline or the tellt.. wmyed. ...... and appro.. ....1 wilh RiDdoae opposed. CouDcil~ Moon queslioaad wbelber Chen _ otber itemslbll could be coasiclencllbllwere aepante from the Iow/IllOdenle bouIiII. requiremeDt. City AttorDey Boopant lilted Item A. Ordu.a- 2592. palltad dIa developer the permiaioa tbal W /lilt previousIy"- uteoded to otber developen. i.l. permislioa to let them pay Ieea. primarily dIa PAD -. by livilla the Cit)' aecurit)' with pay_l to be ... 011 or before tbe tint Certificale of 0-.,....,,,. City Maaapr Cba lilted be did /lilt !lave a ..._\em with aut)' day delay ill pttiII, tbe PAD moaay from tbe dale of . r r rrllDcl of the IIIIp by CouDcil or NCOnIalioa. He did have a problem lbII tbere was a ......tee ..-lbII cou1d be met IDd lbII the fee miaht /lilt IClUa\ly be paid lIIIlil Certificale of 000T'''''Y ia wbicll - it would IlIbIlIDtillly delay dIa PAD fee. SCaff IIad edviaed IIim lbII dIay wou1d \ike to IoaIt III dIa laD...... b a welt before 1UppoItiII, it. 11Iey alao WIDled to talk to tbe hIb " .a-tioa Director II1II Public Worb DiIector septdiIIa dIa iq.~ of dIa propouI. 11Ie PAD moaay _ c:umatI" iIId1alleplive IDd OM""';' W ... commi~1I from." fImda. J CoImc;I-'IIber ~ fIlllltioaecl what the iDdIIIlry IlIDdanI was ror the pa~ of r-. He did /lilt ..... be cou1d vote b dIa ~ dIIDpe .wI Itaff W ID opportlIIIity to nview it. U.... tbere was a ~ - 1 I lbII _ ao aipificlDt lbII CoImciIIIad 10 like ICtioa illIIou1d be _tiIIued ror - welt. , ~ /S-J2 ~ . . . . ~ , MiDuteI May 3. 1994 ....e 9 ,.. VaI---l.. Director of Parka &: a-tj0ll. IIated lbe SubdiviaiaD Map Ad oaJIed for peymeot of put r- . fiDaI map. but did Jive flWbility of pey_t up to lbe build.", permit .,e. IIlIliI aurvey with IUrrolIIIdiD. ciIieI iD SaD DieJo CouDly it appeared tballbe peymeol of put .. was ~1laI - lbe board and Ollla Villa IIood out u _ of lbe OIIIy cities wbere put .... __ NqIlired prior to fiDaI map NClIIlIaIiOD. City M-aer Goal felllbe ...opouI UDdercut lbe policy iIIUe Ilaff was wortiD. OD. . Fred AItluckIe. .~. tiq lbe BaldwiD c.o.ap...y. IIated lie ~d OIIIy I'IIpOIlCIto lbe pey_1 of !be puts fee iIIUe. 'l1Iey -*110 bave lbe map fiDaIed all lbey ~ pulllIuildi". permill U - U pouible. Their iDleDl was to bave lbe map NCOrded aul Melt ud pmemd lbere _ lie . delay rcpn!iD. lbe map. He apolOJized 10 staff ud CouDcil rcpn!iD. !be -'uIioD rcpnIiDJ lbe peymeol of lbe .... ud lbe idea tbaI it was . lut miDllte cbaDae. He bad a certaiD Ioo.d... .......iIIa ud .1IIia-uDderalaD. aboul wbaI was before CouDcU for ~deraliOD. 1bey uked thai CouDcil approve starrl ori.iDaI__-A.IiOll. _die -mfied reco",-daliOD. which would permit !be pey_t of lbe .... witbiD sixly daYI of CouDciI actiOll. bul prior to recordaliOll of !be map. ,.. a follow-up !bey would like to __ with ..ff over lbe _ of lbe aut two MeItI aDd ntUnt at that lime reprdiD. a pu6tpoD_t of !be pey_t of"". They were 1ookiD. at ways to .lilfy ..rrl - n.ardiD. aecurily. They bad _fully uli\ized !be poatiD. of a boDd with !be City of SaD DieJo. Mayor Nader quealiODed wballbe ~ty 00ClCeI'D was with lbe ord'''-- City AttorDey Boopard II&Ied lbere was DO ~ty problem with lbe ..i_...... iD lbe CouDcil...... packet. II was IIIII&lidactory to !be developer u !bey Deeded credil beyODd lbe aixly daYI ud atill bad to bave lbe ri.bt to pull lIuildiD. permits n.bl away. Mr. Arbuckle nspoIIded thai was cornet. lbey wuted 10 poatpone ..... -.t !be map. aDd start COIIItl'UCIiOD. Geor.e Knmpl. Depuly Cily Muapr. stated !be Parb &: RecnaliOll Departmalt was wor\tillJ 011 a nfeml from CouDcil n,lrdiD. !be iuue of peyiD. perk .... at !be time of bui1dill. permilllatber tbaD at map approval. He bad beelI iDfonned thai the iuue wouId.o to !be Park &: RecnaliOll ColIImiuiOll OIl 5/19/94 with a report back to CouDcil ill _Iy Juoe. He fell tbaI report ~d aIao look at pey_t of lbe .... at occupancy. CouDcilmember FOll questiODed if lbe City bad ...y natrictioal iD lbe .,-1 tbaI .wid allow tbe City 10 dMermiDe !be proximily of !be o"",.......'ly purpoae facilily sitel 10 lbe project aite. Mr. GustafsoD '181' ODW !be CouDcil bad lbe authority to approw lbe apecific aite. 'l1Ie iDleDl iD !be oriaiDaI SPA ,laD was tbaI !be site would be iD !be Olay 1taDcb. _ of lbe tint viJlaJea. 'J1IaI bad beelI deliJD&led iD !be Olay ItaDcb GeaeraI DeveJopmeIIl PIaD. If tbaI ~d DOl occur ill !be developmeIIl time frame for lbe projecl. a site bad aIao belli deliJD&led ill their project tbaI ~ -- lbe nq~l. . Tim O'Grady. """11 r liIl.lbe BaIdwiD COIIIp""Y. IIated lbey IIad illlDtified lbe liie with lbe uaistaDce oflbe ~ and PIaDDiII. DeparlmmII. II was fell it was . ..._.hIe lite witbiD !be project lIouDdaries to provide IUcb . facility. 'l1Ie iDleDt was to plUYide it off-lite willliD lbe RaIIcb. City AtloI'Dey Boopard II&Ied _ dIouP lbe onI'-- wwId _ take affect DtiI tbirty daYI after lbe aecODd RadiD.. lbe nIII "". was tbaI c-il- --II,M" . policy tbaI-'d lie pajIabIc to all developers of deferral -' tballlaff -'d acI......i..rative1y arppIy lbe policy. ORDINANCE 2592 PLACED ON FIRST READING BY MAYOR NADER, """ oll1le _t - waiftl1, fIIIIId and ."..... .......y. City AttorDey Boopard .<<D'" .. tballteIII D. 1Ie.- .,.. to ...s. finI four ~. "Dr/llll'Jllr.".. tbaI wilbout panaillioo of !be CouDcil. -'d _ apply far CouDciI.pprova1 of. fiDaI .-p CIOYeI'iD. the 200tb \ol wilIIiD lbe property to lie IUlldividad ..at lbe City -' deYeIoper uve ...... iDto aD Affordable HouIiDJ ~ Jf<J] MilI_ Ma)' 3, 1994 Pal" 10 - '/ J ~ ~ A..~ ia ~ willa CoDditioal6 of lbe a-.J DeYeJost-l PIu aDd SPA P1u". He ICaIed tbat BaIcIwia wauId DIed to ! ~ -. to lbe cIIuapI ia lbe .........1. Mr. O'GrId)' lIMed tbat wauId be ,.,...".able if il _ lbe 20111 Jot due to lbe way tIIeir ............,. __ _ .. up. It _lIIIIicipmcI tbat lbe _1Ia a.p would be beCon CouDciI iD fiw to Iix _11II. . Kim Irillr--..y, ,+ tiqlbeBalclwill C~..)',lIafedwbeD lbe~-I'IlI'Ii-I_aeaotWed. lbe iDkIatioa _ tbat lbe tbree __ be I"u.ided witbiD 0Ia)' 1lIDcIa. ne probIemlbe)' W -.tered IiDce lbee wu tbat ilwu DOt willaiD lbe City of Claula Villa aDd DOt 1iIteI)' to be witbiD lbe _11ix~. ne IpICific plu _llIbdivilioaa would DOt be -woolf*! iD tbat Ii.- m- _lberefore tbere wauId DOt be alplCificall)' ideDtified IluiJdable Jot tbat oaaIcI be _veyad to lbe City or a tbird party. ney oaaIcI ..ter iato a ~ to do tbat aod lbe 0Ia)' IlIDcIa a-.J PIu bad Iusuqe tbat requirecllIaem to do tbat. ID IerIIII of bard aDd faIIlKIIrity, lbe)' bad DOt "- able to pve lbe City lbe Jot. lIIlIea lbe City would be lalilfied willa a eov-I. Ma)'or Nader felllbere were IeVeraIle.1! devices lIIal would compl)' willa \be spiril aDd would be biDcliD. providiD. lbe Couaty allowed lIaem to do UlyllaiD. 00 0Ia)' 1lIDcIa. He did DOt feel il _ fair to have buildiDa permita beld up over a ~itioa Balc1wi11 WUl~ to fulfill. MSUC (NadlrlMoore) to amead Ibe ~ approyec! b)' ....ution 1'7476 to nad rant four 1iDes, "DeYelopIr ....- tbat withoul permission 0I1be COIonell, would DOt appl)' for ('",.-II appnIYaI or a IiDaJ ..., CDylrina Ibe 200th Jot within Ibe property to be subdiYided IIIltiI &he CIty UId deYeIoper ba.. entend into aa Afl'ordable HOIISiaa Alr-I in aaonIaace wilb Coaditioa" 01 &he General DneJopma PJaa UId SPA PJaa", MS (NadlrlFox) to IUIIfIId ....ution 1'74'75 to nad, PIle 13C-2, lanauaae in Ibe l......~ Iedion nad "DeYeIoper ....- tbat without permission 0I1be Council, would DOt apply for Co-onell approYaI oIa flnaI ..., CDylrina &he 200th Jot wilbin &he property to be subdiyided until &he City UId deYeIoper baye entered into aa Afl'ordable Housina Aar-enl in aaonIaace wilb Coadition" 01 &he General DneJopma PJaa and SPA PJaa", ') . Couacilmember RiDcIoae quellioaed what die m- iDcome rate _ oalbe PAD fee. He furtber quellioaed what lbe time would be from \be ori,maJ propoaaJ for lbe fourth a.p to die oceIlpIIftC)' ...... Mr. KrempIIlMed die iDCOme rate _ approltimatel)' 4. + ". Mr. Kilk_y nIpODdecI tbat die)' typicall)' -.uucted . productioo uail betweea five _ Iix _11II. C........;/- lI~rr IliDIL-IIafed ifil_1i1 moatbI,,, $170,000114" il wauId oat)' be $3,400 IDDuIIl)'. VOTE ON AMENDMENT TO RESOLtTI'ION 1'74'75: appnmd '-"lmolaIy. RESOLUl'JONS 1'74'75 AS AMENDED, 1'74'7' AS AMENDED, AND 1'74'7'7 OnERED BY COVNCD..MEMBER HORTON, nadina or die 1m _ _yed. c_..:t~ M_ lI'-n-t wbat lbe _I .... wauId be, i.a. wauId lbe appIicaDt _ IIaff -wn. to ..~;..t.. Mr. KNIIIpI rlllr"Q" ..1-...1 that wu COft'Cl. Coo"".;l- Fox quellioaed if il _ poISible tbat lbe ~ would be broupt back far CotllK'il "I'QlIFWatiOO of deferraJ of'" IIDtillbe OCClIpllK')' ...... Mr. KremplIlMed it _ a poIIibility far --'dentioa of fUture mapa. but il _ Ilia tDIentucIiDa tbat lbe)' _led to -.slbe ..- a.p aod it wouIcI ... lIae -.litiollllpp_ad by C-il. ;&-W/5=-J7 ~ \. " , . . . . .. MiIlUleS May 3. 1994 ....ell ~1.,.....Mr Moore q"eIlioDfd if the 34.4 uaill of affordable 1IouaiIla Ud -- 1IUIecI. Mr. Leilel'.-d the OIIIIditioe .......ed lO the SPA PIaD _ ww1d be the blSia of MJOliaIioas. Mayor NIlder .-d il _ uueaJed elthe c:umDllilm. Mr. KilklDDCY llI\l c a...... \bal wbea the project _ ori&iJlally .pproved the BaIdwio COIIIp"ny lIIIlIIe a COIIIlIIillllClll 10 .,. _ _ they IlOOlI NIIIy lO try lO provide 17 IIIOlIerale iIlcome 1IouaiIla uaill lID aite. bul he beard Couacil's prefereDce for duee _ off-aite. Mayor NIlder .-d Couacil Ud lIpIII'OYed a motillD __en! yean aao reprdiIlalbeir prer.- for.,. - ofr- lite. 11_ IIOCIenlOod eI \ballilm the developer ww1d fulfill their ~l by the City eurciailla \bal option I8Iher IbID by requirilla the UDiIl be build lID-aite. CoUDcilmember Moore fell tbal sbould be clarified ill DO uucenaiIl _ ill order lO I'IIOlve il for ooce IDd for all. MS (NaderlHorton) to reitente prerious c-.dllldion that Condition" should be lulfilled tbrolllh · pro.won 01 affordable bousina off-tite by way 01 three buildable acres, whether _.eyecl to the Cily or lO . IlCIII-PI'IIlit bousina entity appro.ed by the City lor the purpose 01 buildin& affordable bousina Ullita (34 ..uta). Couacilmember HorlOO alated paae 13-3 .-d the oriaillal OIIIIdilioo _ DOlID optioo but required. If the mUleS wae differeDl il abould be clarified. Mayor Nader felllaDpae _ millilla 011 paae 13.3 in !be Iul parlaraph. WheII cblDpa ill policy _re beiIl. _ded tbe oriaiM! CouacilllCtiOll Deeded lO be provided as part of the backup iIlformalioD. He fell the Dltioo 00 the Door provided clarificaliOlllDd allowed the projecllo move forward. City Alloroey Booaaard uraed Couacil lO appreciate \bal the cIeveIoper ww1d DOl have a problem as il - a cIaeaper a1lerD11ive for them. Mayor Nader .-d the _fusion _ wbetber Couacil _ eI1eIIIplillalo .. -y out of the cIeveIoper or ltlelDplioalo provide a public benefil. His aoaI- DOllo focUl 00 !be dollar amounlthe City received from the developer. bullo fOCUlllD bow _y tnIIy .ffordable 1IouaiIla uaill the City wwId be able lo provide lo families ill the reaion aocI eI whal _ble coal. If they could.. tbem provided _ efficieolly, witb leu burden lo the ~. _ _ favorable impacllO tboae ill the -"'IIIlity ill Deed. tb8I_ whal be _ted to do. City AllorDey ~ftj fell be ..w lo adviae CauDcilu lo the feasibility of pllioa the project tbrouab ~- equity. He _ _ware oI.y feasibility llUlIy lID beiDa able lO do tb8I. CauDcilIIaouId a- tbal if they ... pllioa .,. _ 011aDd bow _y P';'" uaill could be adIieved tbrou&b ...-equity _ il tbey _ted il iD the City or lID IaDd tbal.y _ _ iIlto the City. Scaff did DOl a- iftbey - beiDa diNcled lo accept .,. buildable _ ill Olay R.ucIa tbal_ IIOt _ed lo the City. If CauDciI forecIoIed tboae optioas by dincliD& ..ff witboul llUlIyiIla the ~ ~ ~mict _ wilen it _ Jocat.d CDI.~il .y DOl bave the policy llUlIy done. Mayor HIlder .... DO policy llUlIy _ diNcled. ea.ciI uked lor .,. build'..... - lor affordable 11oo..;.... 1& IIad __ di~ . . dlorou&bIY two ,..,. . .. tboae i.- _ ..., by ..ff eI tbal time. IVISTrroTE MOI'ION: ~.. dirId ........lIICIude the prlllJd .... within the ...otiatlons willa the applicant ..... briac IIadt die pro's..... _'SlO the c-.dI witbID the lime rr- 01 the total report. Mr. Jlllt...~ .-d it wwId Jake lppIOlliDleIy Iia 10 -&hi IIIOOtba lor the .lltb fiDaI map or the 200tb 101. ('_11- -~ FOll .".--.. 1IIt.11;n IillIllOOtba could be iDcluded witllia the motioo. ~ 13"J~ MiD- May 3, 1994 Pap 12 COlrn" "'r Moon ItaIed it wauId be broupt bIck willa die otber nport -' *Md be witbia lbe u maatba. Mayor N8der IlIIed be did DOt feellbat _ fair to die developer, CGuDcil, or die cia- for wIaom lbe affordable .,....;~...._t _ _ped. They _ at a ... wbere Ibere _ a _tative map willa lbe -mtioD iDcluded ud a developer pnperiD. for ~;"w. of fiDaJ maps witbiD die IIUt U moadaa. He did DOt - wIIylbat IIIouId be delayed fIutber. Cov-l'." "c, ~ cr-:oood wbetber lbe appIieult bad a ....A.I_ willa dIe'- "'-' DJtioII CIIIlbe floor. Mr. ril"__y,,,, OIIlf<<1lbat be felt dley could .-r...... UDder .yaltenJalive, but felt it wauId be _ clear to provide UDder die iDitial JDDtioD. VOTE ON SUBSITrUTE MOTION: appro.... 4-1 with Nader oppaeed, . . . eo.""';l ... T'" to Closed Session at ,:25 p.lD. and nclIIJqaed at '7:03 p.lD. · · · 14. REPORT EASI' OT A Y MESASPECmC PLAN . The Couaty of SUI Die.o ia cllmDdy procasiD, a Specific PIu for East Olay M_. The City .... previoualy niIed __ ..,ardiD, traffic. trUIIpOrtatioa facility fiDaDciD, aod pbasiD,. joba/housiD, baIaDce, ud biolDlY. The Couaty Board of Superviaon is acbedllled to tate actioa oa lIae IDlller 00 5/4194. Staff ncommeods lbat Couacil review aod enfon:e a fiDaJ let of COIIlIIIeIIII to be forwarded to the Board of Supervison oa die matter. (Dinctor of PIaaDiDa) Continued IrcJIII !be meetiDa of 4/UI94. Robert Leiter, Director of PIaIlIIin,. IlIIed ltaff bad met willa !be -ae-t ltaff of die PIaIlIIin, ucI Public Works Departlllellll aDd bad aootber meetiD,scbeduled for later iD !be w.k. The City Maaaaer _lCbecIuJed to meet willa !be Deputy CAO oa Mooday. Stiff _ cootiDuiD, to reeoIve die i.- ud boped to JO to !be Board of Superviaon willa a _ specific recom......m..ioo. MS (RindODelFox) to appro.e IlaI'f nclIIJIIIIendatioas '1 and n: l) -.alt wItII c-t, _ecutl.e IlaI'f nprdia& __lrIII&IIitted pre9ious1y to !be County if SaD Dilao I'IannInI Caaunisslon; and 2) transmit !be ....to !be c-lJ Board of Supenlson (attacbmmt 2). which ......... tbat !be Board pcIItpone final action 011 !be East Otay Meaa Specific PIaD to eaable !be CilJ and c-tyto addnss _.. with !be aaal1Iis _..1_ ill !be FiDaI EIR as well as poIic:Ms contained 01' ww. ill !be East Otay Meaa Speciflc PIaD. Mayor N8der qll",iODed if die ",oposed Jetter _ .y dirr-t daa die Jetter bef'ore CGuDcil Jut w.k. Mr. Leilerltaled !be -----t npnIiD, bioJoay bad "- .~ as it bad "- ..... CIII previaua illfonDatioa. Staff did verify lbat ud added additioaal poIicyluJuale npnIiD, bioIoay. .. additioa, !be .....---'-\iIxa at die _ of die Jetter _ IIIIde _ specific as to lbe c:llaDJellIaff _ _--'iD, ill tbeir plan. They did follow die _ \iDe of th:....:.., iDcluded iD lbe lint Jetter. The Couaty IIaff did DOt IIave a prabIem willa ncll" "w, A.,w. II, but Ibere _ _ i.- JeIardiDI die JeqUi-' for a Facility PIIuiq ud FiDaciDJ PIu lbat !bey bad DOt .-:lIed ea. II -. CIII. Mayor ~ ......'.d wbea it _lCbeduIed for IWiew by die Board of 51. ._s. He fIardIer quer:.a.f~ il .ytbiDJ _ added to die Jetter JeIardiDI die _ of public ..... 10 ... willa ci!-,'otw. -' lIaffic imt II. Mr. Leiter '''' 411'-f lbat it would JO bef'ore die Board CIII 5111194. Uader r- II dIey IpeCificalJy ...r..uC911 lbat!be EIR sIaouId iDclude specific lllitiptioa ___ iDcludiD, boda ftIlIdway illlplow~ ud _...n.IWle lnJIIit ialp<0II~ -" as .... lnJIIit facilities ud InDIpOftalioa -.... ---. Mayor N8der qllMioaed wily !be City COIIId DOt uk lbat dIey ..-d die Specific PIaD ill _ _ylO NlJuiN lbat bef'ore -.tative maps _ ~ lbat die City's __ be addreued. TIIat _, lbey could _ forward ~ )~-Jr; ~\ ~ \ - . \\ ~ "'" -, '" """' . """ ., " ~)Ch.i.bL+C ~. ( . RESOLUTION NO. 17279 RESOLUTION OF THE CITV COUNCIL OF THE CITV OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLV WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 16960 APPROVING A TENTATIVE SUBDIVISION MAP FOR TELEGRAPH CANYON ESTATES. AND AUTHORIZING THE MAVOR TO EXECUTE SAME WHEREAS. on January 19. 1993. by Resolution No. 16960. the City Council approved the Tentative Subdivision Map for Chula Vista Tract 93-03. Telegraph Canyon Estates; and. WHEREAS. certain conditions for the recording of final .aps required by Resolution No. 16960 have not yet occurred at the time of the adoption of this resolution; and. . WHEREAS, the Developer of the subdivision desires to have three of several final maps recorded at this time ("First Three Final Maps"); and. WHEREAS, City is willing to allow the recordin9 of the First Three Final Maps at this time upon execution by the Developer upon. among others, the execution of an agreement ("Supplemental Subdivision Improvement Agreement") requiring Developer to perform the unfulfilled conditions of approval at a later time; and. NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement to Perform Unfulfilled Conditions of Tentative Subdivision Map approval, known as document number 0093-216. a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. . . Appr~, as tj fo ~t.\1 Bruce M. 800ga,r Ci ty Attorney \ r ~ Presented by , . J . ~ /~/J7 l ( Resolution No. 17279 Page 2 ""'" PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of October, 1993, by the following vote: YES: Councillllt!mbers: Fox, Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None erry ayor, ATTEST: """" lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHUlA VISTA ) J, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17279 was duly passed, approved, and adopted by the City Council held on the 19th day of October, 1993. Executed this 19th day of October, 1993. . 2 . Authelet. City Clerk "'" ~J5>Jr <<:utes ber 19, 1993 e6 . Don Wallace, 512 Tamarack Court, Chula Vista, CA, representing Chula Vista Taxi. mtecl be - pleuecl to 1ft me staff recommendation but requested time to review me document and respond in writing. He had received the document only one bour before the meeting and felt there were some thinp be bad difficulty with, not a pat deal. Counci1member Moore felt staff had worked with me ownen for months. If CouncD traDed me item, and Mr. Wallace met with staff and decisions could be reached. be would be wi1llnI to consider it. He bad no desire to continue the item. He questioned if there were other wd ownen present that had DOt been contacted by staff (there _ no response from the audience). It _ time to solve the problem. Mayor Pro Tem Rindone questioned what meetinp had been held with the companies. . Gerald Young, Administrative Analyst I, responded that the last formal meeting had been in January. When the proposal was formalized. staff contacted all of the cab companies to let them know me staff report was available and to discuss the recommendations with them. Staff was able to contact all but two of the companies and Chula Vista Taxi was not one of those companies. . Qint Harless, 288 Broadway, Chula Vista, CA, representing Clint. Concbita Taxi, stated bis original concern wu that the annual inspections would only be beld at MmB. He bad been informed by staff that the inspections would be somewhere close and convenient. He was in full agreement that there needed to be inspections. euncDmember Moore questioned what the rational was for increasing the fare rate since the increase in costs was less than MmB. He also questioned if the anticipated SSS range for inspection included staff overhead. Chief Emenon responded that the fare rates had not been adjusted for fourteen or fifteen yean. Staff felt it should come into compliance. Staff took the City's administrative overhead into consideration when recommending the fee. ORDINANCE 2574 PLACED ON PIJtST READING AND RESOU111ON ITZn 0PPEIUlD BY MAYOR. PRO 111M IUNDONIl, readiDI of me tat _ waiftd, pasecl and ~_...4 4-0-1 with Nader abient. 13A RESOumON 17278 AMENDING CERTAIN CONDmONS OF RESOU111ON NUMBER. 16960 APPIUMNG niB T1lNfA11VE SUBDMSlON MAP POll 11lACI' 93-03. 11lLEGRAPH CANYON ESTA11!S . On 1119193. CouncD approved the Tentative Subdivision Map for Chula Yllta Tract 93-03, Telegrapb Canyon Estates. The first three final maps for said tentative map are now before CouncD for approval. Staff recommencls approval of the resolutions. (Director of Public Works) B. 1tPSOLU'I1ON 17279 APPIlOYING A SUPPUlMENTAL SUBDIVISION IMPIlOIII!MENT -1IIl'unn' REQUIIUNG DEVELOPER TO COMPLY WITH CERTAIN UNPULPIW!D CONDI11ONS OF RESOU111ON N\JMIIIlR. 16960 APPIlOYING A T1lNfA11VE SUBDMSlON MAP POll 'P' Rl':IIAPH CANYON ESTA11!S. AND AUIHOIUZING niB MAYOR. TO EXECrrE SAME C. .unumON 1'"- APPIlOVlNG PINAL MAP OF11lACI' 93-03. 'P'RnltVHCANYONESTA11!S NEIGHBORHOOD 1 UNIT 1.1ou.II1U'lG ON IEHAU' OF niB PUBLIC niB PUBLIC S'I'IU!EI'S DEDICATED ON SAID MAP.Iou.IIIU'lG ON IEHAU' OF niB aTY niB OPIN SPACE lDTS GRANTIlD ON SAID MAP EHB IIASIlMENJ'S GRANTIlD ON SAID MAP wmuN SAID SUBDMSlON, AND APPIlOVING ON 1MPIl0VEMENI' NJD......NT POll niB OOMPLEl1ON OF IMPIlOYEMENTS REQUIRED BY SUBDMSlON. AND AImtOIUZING niB MAYOR. TO IlXIlOrrE SAID AGREEMENT D. 1tPSOLU'I1ON 17281 APPIlOVING PINAL MAP OF11lACI'93-03. 'P'Rl':IIAPH CANYONESTA11!S NEIGHBORHOOD 2 UNIT 1.1ou.II1U'lG ON IEHAU' OF niB PUBLIC niB PUBLIC S'I'IU!EI'S DEDICATED ~ J5"'~ Ji . . ...... Minutes October 19, 1993 Page 7 ~ . ON SAID MAP, Ar.J.;.u lING ON BEHALP Of niE CTY niE OPEN SPACE IDTS GRANTED ON SAID MAP AND niE EASEMENTS GRANIU> ON SAID MAP wmiIN SAID SUBDMSlON, AND APPROVING SUBDMSlON IMPROVEMENT AGREEMENT POIl1HE COMPlEnON OF 1MPIl0VEMEKl'S REQUIRED BY SAID SUBDMSlON, AND AImiOIUZING 1HE MAYOR. TO EXEaJ'IE SAID AGREEMENT E. RESOLUTION ,......, APPROVINGP1NALMAPOF11lACT93-43,~CANYONESTA11!S NEIGHBORHOOD 3 UNIT 1, #tr.A.rr ONG ON BEHAlJ' OF 1HE PUBLIC 1HE PUBLIC STREETS DEDICAmD ON SAID MAP, #tr.A.rr Ill'lG ON BEHALP Of 1HE CTY 1HE EASEMENTS GRANIU> ON SAID MAP wmDN SAID SUBDMSlON, AND APPROVING SUBDMSlONIMPROVEMENT AGREEMENTPOIl1HE COMPLE1tON OF IMPROVEMENTS REQUIRED BY SAID SUBDMSlON, AND AI1niOIUZING 1HE MAYOR. TO EJlECl1m SAID AGREEMEm F. RESOLUTION ,....J1." APPROVING 1HE INI1lAllON OF I'IlCJo n, OINGS POll OPEN SPACE DISllUCT NUMBEIl 31 (1'ELEGIlAPH CANYON ESTA11!S) . Councilmember Horton requested the item be continued until the City Attorney arrived. Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the approval of the .ubdivisions would not affect the closing of Gotham and Creek Wood Drive, or the area of grading. City Attorney Boogaard stated Resolution B proposed to change the Supplemental Subdivision Improvement Agreement which had been handed out at the meeting. The agreement put the non-in!rastnlcture type of duties of the developer in the Subdivision Improvement Agreement. The non-improvement duties were moved to the Supplemental Subdivision Improvement Agreement and obligated the developer to perform all """ the conditions of the Tentative Map that had not been performed as to todays date. The developer asked , for the following three changes which he concurred in: 1) with regard to a wet land easement: they would do it prior to Council's approval of the next Subdivision Map; 2) Condition 62, required the developer to reach agreement on affordable housing before Council's approval of the Final Subdivision Map; and 3) community purpose facility site, it would be the developen duty to provide the City with an adequately planned and zoned alternate site acceptable to the City prior to Council's approval of the next Subdivision Map. Mayor Pro Tem Ilindone questioned what the advantage would be if Condition 62 was tied to the fourth map instead of the fifth. . City Attorney Boogaard stated it had been anticipated that affordable housing would be placed on the Olay Ranch but, it had not yet annexed. Alter approval of the next map there would still be approximately 210 more units to secure 34 units of affordable housing. If the developer did not SO along with the Affordable Housing Agreement in a manner acceptable to Council. Council would not bave to approve the fifth or subsequent maps. Councilmember Fox questioned If there was a security provision for affordable housing other than in the asreement. City Attorney Boogaard responded that when the City actUally bad the Affordable Housing Agreement staff envisioned instruments such as liens against property. He bad reserved full cliscretion for the Council to accept it and If Council was not bappy with it, it would not bappen. Councilmember FOll questioned whether the provision lot an approximate lite for a eommunity purpo.e facility bad changed. Tim O'Grady, representing Baldwin Company. stated the CPF .ite bad been moved away f1r off..ite at ~ and Council direction. It bad always been assumed it would be provided in Phase I. orVd\age I, of the Olay ~ I~/t/{J Minutes October 19, 1993 .ge8 Ranch. Therefore, they had put language into the GDP document that obligated the developer to that conclitiOl\. RESOfJmONS 17278, 17279, 17210. 1'7281. 17282, AND 17283 OFPERED BY COUNQlMEMIlEIl MOORE, n., Gflbe tat _ WlIiftd,.-cI aDd qpnvecI4-0-1 wiIh Nader .a.--. 14. REPORT ItECONSIOERAnON OF IlXI1lNOING G011iAM S'11U!ET 1'0 SER.V! 1HE 'llJSiRAPH CANYON EXIENSlON . N recently reported to Council, nsidents of the Gotham Street ana haw raised serious objectiolll to the nt_ion of Gotham Street to serw the Telegraph Canyon Estates Subdivision. They feel that the ntelllion will increase traffic and reduce .afety in their neighborhood. On 1015/93, Itaft' and a representatiw of the Baldwin Company, dewlopen of Telegraph Canyon Estate., met with 45 nsidents from the Gotham Street ana to clilCUII their concerlll. AT. that meetina, a petition containing approximately 200 .ignatures was .ubmitted. Staff' recommends Council accept the report. (Director of Planning) R.obert Leiter, Director of Planning, infonned Council staff had meet on 10/5/93 with Baldwin and 45 residents of the College Estates area to address their concerns. AT. that time the nsidents presented a petition with 200 signatures opposed to the extension of Gotham Street. The applicant had indicated a wDlingness to cooperate in considering optiolll to solve the neighborhood concerns. Any action to modify or dOle one or more of the .treet openings would require a .ubsequent noticed public hearing. Staff' recommended Council .chedule a public hearing on 11/16/93 to con.ider clOling one or both of the .treets E'cling .econdary access to Telegraph Canyon E.tates and/or measure. to reduce the .peed on Gotham t with legal noticing to be provided to the property ownen and residents within College Estates, tLake Shore., and the Otay lAdge Mobilehome Park. Clifford Swanson, Deputy Public Works Director/City Engineer, .tated if Gotham Street was dosed there would be no additional traffic and staff did not feel there was a .peed problem. In looking at possible designs, .taft'did consider things that would include .uch item. as a fence with agate .0 the fire department could gain access. The roadway would be put in under that circumstance but a future Council would face the same opposition at opening that up. Councilmember Moore .tated if he lived there he would have the same concerlll. If Gotham was punched through, which was a logical extension of a City .treet, what would the repercussiolll be. If there were repercussiolll, what would need to be done to .olve them. If he was going to vote for a change it needed to be a winlwin situation. . Tim O'Grady repre.enting the Baldwin Company .tated they felt all neighborhoods benefited if the .treets were put through and the circulation element was better. However, they did not want to take a po.ition and. would work with .taff on whatever decision was made. Those speaking agawt the nt_ion of Gotham Street due cIecnase in property value" incnased traffic, incrused noise, incnased air pollution, lOll of quality of life and security, use of Gotham Street as a short cut for the EutLalte ana, and safety concern. regarding additional traffic. Speaken felt the initial noticing _ aebulous to .pecific routes and the nt_ion of Gotham Street. . . Edward R.. Bancroft, 1 V16 Gotham Street, Chula Vista, CA Dr. R.. E. Lacey.Pub, 1961 Gotham Street, Chula Vista, CA, read a letter from Mr.. MrI.Ken Smith at 1638 Gotham Street Douglas Parker, 1960 Gotham Street, Chula Vista, CA Gene Marcinkowski, 1 V1S Kent, Chula Vista, CA Jon Thornburg, 1901 Gotham Street, Chula Vista, CA Tom Liebl!, 1 V19 Kent Street, Chula Vista, CA, passed when called Colleen Cotton, 1984 Gotham Street, Chula Vista, CA .. . . ~ /,5'(/ . ., . Minutes. October 19. 1993 Page 9 ,""'" f . . Gary Flannagan, 1944 Gotham Strut. Chula Vista, CA . John Hunt. 1972 Gotham Street, Chula Vista, CA . Roben McCauly, 1987 Bucknell Street. Chula Vista. CA . Peter O. Springer, 1667 Gotham Street, Chula Vista. CA . Robin Leon, 1923 Gotham Street, Chula Vista. CA . Colin Lockyer, 1965 Gotham Strut, Chula Vista. CA . Jeanne Wheeler, 2005 Gotham StrUt. Chula Vista. CA . Sharon Vanderflague. 835 Stanford Coun, Chula VISta, CA Councilmember Fox questioned if the hnl Mr. Tornburg felt provided a hazard for traffic wu from Stanford to Rutgers on Gotham. He felt the concern ahould be melted to staff. Councilmember Moore questioned if the strUts in Telegraph Estates were public or private. Mr. Swanson responded they were public streets. The subdivider had proposed private but, staff had recommended public due to problems with private streets. The main entrance in the original plan had a gate. Mr. Griffin stated when they proposed the private street system they showed the same connections but, had a gate at one location. When a street was designed to end permanently it wu a cul-de-sac so circulation could get back out. Councilmember Moore stated if there was a public hearing there would also be another group from Creek Wood appearing. He felt it would be helpful if the residents would work with staff and Council and appoint....... up to five speakers that could address the concerns. " " MS (MoorelHonon) to set a public hearing for Noftlllber 16, 1993 reprding potmtia1 dosures of Qeelt Wood and Gotham streets. Friencl1y Amendment: (Fox) to have staff provide alternatives for emergency accas in the event Gotham and Creek Wood were penIIanently dosed. Acreed to by the Maker and Second of the motion. Councilmember Moore requested that an actual trial of fire engine response times from Gotham and Olay, EastLake, and from east "H" Street be included in the repon. VOTE ON MOTION ItS AMENDED: approved 4-0-1 with Nader absent. ...... Council recessed at 8:08 p.m. and reconvened at 8:20 p.m. ...... . 15. REPORT UPDA'm ON SOLIDWASI'E ISSUES AND REQUEST POJl PROPOSAL (RPP) PROCESS FOR AL'mRNA11VE WASI'E MANAGEMENT AND DISPOSAL OP'l1ONS . At the 9/21/93 meeting, Council directed staff to proceed with an RFP for the procurement of solid waste _rement and disposal options by detennining and recommending appropriate consultant services and identifyinr fundinr sources. Staff had reponed on six informal letter propou,ls from qualified consultant fin!Is. Staff has conducted interviews with all six firms and proceeded with an eva1uation and selection process which has resulted in the recommendations contained in the repon, indudinr a revised scope of services for a Request for Qualifications (RFQ) instead of an RFP. Staff recommends Council approve Resolutiqn B and direct staff to: a) continue to monitor results of the Nonh County JPA proposals and any interest by neighboring cities to join in a subsequent process to establish alternatives; and b) return by 12/21/93 with results of the RFQ"",,, process and recommendations for continued development of alternatives. (Administration) ~ )yf?2 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , Above Space .. . RECORDING REQUESTED BY: CIty Clerk WHEN RECORDED MAIL '1'0: CITY OF CHtJLA VISTA 276 Fourth Avenue Chula VI.ta, CA .1910 Mo ~ran.fer ~ax i. due a. ~I. i. a conveyance ~o a public agency of le.. ~an a fee intere.t for whIch no ca.h con.ideratlon has been paid or ~eceived. ~~t~ D~ Devel er h-~'b() F-)(~bii D . for Recorder'S U.e . SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT Telegraph Canyon (CondItIons 3, 4, 30, 31, 32, 33, 34, 35, 36, 50, 60, 61, 62, 68, 71 and 73) Thi. supplemental ~~diVi.io~~prov..ent A;reement ("Agreement") i. .ade ~hi. - day of ~~~. , 1'93, by and between THE CITY OF CKULA VISTA, California ("Ci~yft or -Grante." for ~ecordlng purpo.e. only) and otay Vieta As.ociate., a California limited partner.hip ("Developer" or -Grantor"), with referance to the fact. set forth below, which ~ec1tals constitute a part of ~i. Agreement: UCITALS A. ftis A;r....n~ conc.rftS elS aff.cts ~a1n real property loca~.d in Chula Vb~a, California, aor. particularly ...cribelS on ZXhibIt -A" a~tach.d b.r.~o and incorporat.1S berein (-Property"). '1'h. Property is part of e proj.ct OOJDonly known es hl.;raph Canyon "ta~.. (-Project"). a. Dev.loper is ~e owner of ~e Property. . .:\.Ubdiv\~cesupp2.WP Movaabar 2, 19'3 8\lPp. SIA for hl.graph Canyon ,,~a~e. .a,e 1 f3;:I ).>/ (J "'... '2..'" e L.M1.-2..l' .' -.... C. Developer has applied for and ~e City has approved a Tentative Subdivision Map commonly referred to as Telegraph Canyon Estates, Chula Vista Tract '3-03 ("Tentative Subdiviaion Map") for ~e .ubdivi.ion of ~e Property. D. 'lhe City haa adopted .esolution No. 16160 (-.e.olution") pur.uant to which it ha. approved the Tentative Subdivi.ion Map subject to certain conditions a. aore particularly de.cribelS in the .e.olution. The description of ~e conlSition. in ~is recital section of this Agreement is intenlSelS only to 8WII1Iluhe and paraphra.e such condition. in the .esolution, and i. not intenlSed berein to aolSify or .xplain them, anlS i. not intendelS a. a basis for interpreting them. E. Condition Nos. 3 and 60 of the .esoluUon requires Developer to perform certain aitigation aeasures to the .atisfaction of the Director of Planning, and to cause implementation of mitigation aeasures to be aonitored vh the approved Mitigation Monitoring Program. F. condi~ion No. 4 of the .esolution requires Developer to either (a) comply with, remain in compliance with, anlS implement, the tenns, concH tions and provisions of the Telegraph Canyon E.tates General Development Plan, Sectional planning Area Plan, ~ Master Plan of .eclailllelS Water, Water Conservation Plan, Air Quality Improvelllent Plan anlS the Public Facilities Financing Plan approved by the Chula Vista City Council (collectively, the -Telegraph Canyon Plans") which are applicabla to the Property prior to approval of any final sublSivi.ion aap (-Final Map"), or (b) enter into an agreement with ~e City, providing the City with .uch .ecurity (including recordation of covenant. running with the lanlS) and implementation procelSure. a. the City aay require, a.suring that, after approval of all Final Map., Developer ahall continue to cOlllply with, remain in cOJIIpliance wi~, anlS implement auch Telegraph canyon E.tates Plans. G. ConlSition No. 14 of ~e .e.olution r.quire. ~e Developer to in.tall transit ameniti.. on ~~ aide. of Otay Lake. aoalS at the project .ntry or appropriate alternative location aa approvelS by ~e City Enginear. 'l'ransit ..eniUe. include but are not llmitelS to bencb.. and/or abeltera .nd .r. aubject to .pproval by the City Engine.r. Developer va. r.quirelS to pay ts,ooo ca.h ".posit to the City prior to ~e .pproval of the fir.t Final llap to fund transit ...niti.. wh.n requir.lS, r.ceipt .f which baa occurr.1S . B. ConlSiUon No. 27 of ~. a..olution, which vaa auba.qu.nt- ly ..enlSelS by a..oluUon 110. 17278, r.quir.1S that, prior ~. recorlSing of the final .ap, ~. Dev.lop.r va. to ent.r into an -.... .;r....nt vi~ City to COJll1llit to U.. of reclai..IS,vater .t ~. a:\aubdiv\tc..Upp2.VP .ovaaber 2, un hPP. StA for '1'al.;raph canyon ..tat.. ~ /5=-2JY .ag.2 . . . .. .arli.st possibl. date an4 to make all r.clai..4 wat.r u.. conform to the applicabl. r.gulations of Chula vista, ..gional Wat..r Quality Cont.rol Boar4 an4 th. Itat. Departm.nt. of H.alth. I. tCon4ition No. 30) city ba. .dopt.d City-wi4. 91'owtb _nag..ent "thr.sho14.", .. 8.tablish.4 by city ..soluUon No. 13346 ("Thr.sholds"). ~.s. ~hr.sholds .stabli.h performance .n4 "quality of lif." .t.andards for . vari.ty of ..rvic.s .n4 lapacts which must. be in .xist.nc. or .aU.U.4 by i:b. Proj.ct .s · con4idon to th. City p.rmitUng th. Project to be wilt. In .44iUon to th. ~hresholds, .nd.. . ..chanis. to insure complianc. th.r.with, th. City bas 840pt.4 th. ..st.rn Chula Vista ~ansportation Phasing Plan ("Pha.ing pl.n"). ~. Pbasing Plan provi4.s that c.rtain transportation facilitie. ~st be in .xist.nc. or provi4.4 by the proj.ct .. . con4ition to th. city p.rmitting the proj.ct to be built. ~h. ~hr..hold. .nd th. phasing plan ..tabli.h .tandards .nd l.v.l. of ..rvic. for various id.nUfi.d public facilities .nd thes. .tandard. .nd l.vel. of ..rvice ar. .nforc.d through the withholding of building permit. when the public facility or r..ourc. drop. below . .p.cifi.d threshold. Condition No. 30 r.quir.. Developer to .;r.. to co.ply with the ~hresholds .nd .tandard. cr.at.d by City ..solution No. 13346 .n4 th. Phasing Plan. :S. Con4i tion No. 31 of the R.soluUon r.quir.. Develop.r .nd city to comply with the r.quir..ent.. of th. ...t.rn Chula vi.t.a ~ensportat.ion Phasing Plan and Transportat.ion Dev.lop..nt I.pact F.e Program. 1(. Condition No. 32 of the Resolution i.quir.. Dev.lop.r .nd City to .nt..r into .n .gr....nt wi~ th. City wh.r.in Dev.lop.r .hall agr.. to not prot...t th. formaUon of (1) . maint.nanc. district for th. maint.nanc. of land.cap.d ..dian. .nd .canic corridor. along c.rtain .tr..t. within and adjac.nt toth. proj.ct; .nd (ii) an ......m.nt. di.trict for th. aaint.nanc. of ~l.;ra~h Canyon Flood Control Chann.l. . 1.. CondiUon No. 33 of th. ...01uUon r.quir.. th. Develop.r .nd City to .nt.r into .n .;r....nt wh.r.in Developer 891'... to not prot..t th. formaUon of .nd inclu.ion in a CoIIIIIunity Facility Di.trict to financ. con.truction of Stat. acut. 125. If. condition No. 34 of i:b. ...oluUon requir.. th. Developer to ant.r into an .9I'....nt to indemnify and bold baral... th. City from any cld.., actions or prooe.4in;. a,dut i:b. City to .ttach, ..t .8115., wi4 or annul .ny .pproval ~ i:b. City with ntard to t:b. ~l.;raph Canyon ..tat. 8Ub4ivi81on. . N. con4ition No. 35 of t:b. ...olution r8quir.. t:b. Dev.loper to ant.r into .n .'r....nt to bold i:b. city ural." from .ny a:\.Ub4iv\tc..upp2.VP .ovnber 2, 1"3 aupp. au for ~l.~Ph Canyon ..tat.. ~ )~/.I/.-!:J .a,. 3 ... -.. li.bility for erosion, .iltation or incr....d flow of drainage r.sulting from the Project. o. Condition No. 36 of the Resolution requir.s ~. Developer ~o ent.r into .n .gr..ment with the City r.l.ting to ~. provi.ion of franchi.. cable ~.l.vi.ion ..rvic.. .. more p.rticul.rly .et forth in Condition No. 36. P. Condition No. 50 of the R.solution requir.. ~. Developer ~o .ubmit to the City .nnual building permit r.port., ~r.ffic cost .n.lysis .nd fiscal impact .nalysi. on ~. t.rm. s.t forth in said Condition No. 50. Q. Condition No. 61 of ~. R.solution r.quire. ~. Developer ~o d.dicat. .nd r.cord .n open apac. ....m.nt on a minimum of ., .cr.s wetlands .ssociat.d with . l.rg.r w.tl.nd. .r.. on ~. Otay Ranch property in . location .pprov.d by ~. Dir.ctor of Pl.nning. R. Condition No. 62 of ~he R.solution, which was sub..quent- ly .mended by Resolution No. 17278 r.quir.s th.t prior to .pproval of . final map by the City Council, ~. D.v.lop.r ~o .x.cut. .n .ffordabl. housing .greement in . form aati.f.ctory to the city providing for 34.4 affordable housing unit. on the area of the T.ntative Map covered by the Later Final Maps, and in accordance with Condition No. 6 of the Telegraph c.nyon Estat.s GDP .nd SPA ~ Pl.n (Resolution No. 16768) prior to the r.cord.tion of any Later Fin.l Maps for the project. S. Condition No. 68 of the Resolution, which w.s sub.equent- ly .m.nded by R.solution No. 17278 r.quir.s Dev.lop.r to ent.r into an .gree.ent with the City prior to the r.cord.tion of the fourth Final Map (as defined in the a.ending R.solution) providing that Developer will cause, consent to, p.rmit, apply for, and not oppose the planning or replanning .nd loning or rezoning of an off-.ite parceles) .. . Community Purpose Facilities sit.. S.id off-.it. parcel es) ahall b. satisfactory to the City and of the aame approximate aiz. .. that which m.y h.V. be.n re~ired on-ait., .nd must be owned by the Developer, be wi~in the ,ur1adiction of the City and o~erwise be wi~in the Vicinity of the project and subject to the ..tisf.ction and approv.l of the Db'ector of Pl.nning. Otherwis., Dev.lop.r ia to aubmit . "vl.ed DA Pl.n and 'l'entative Map which provide. for aaid .ia within the aubdivlaion. !'. '!'her. .re certain other unperforaed and unfulfilled condition. of .aid Tent.tive JlaP, auch a. condition 110.. 71 and 73. V. City is willin9, on the prai..., .ecurity, ana and condition. berein cont.ined to approve the firat ~ee final "p. for vbich Developer bas appUed cOJll1Donly known a. 1Ia19hborbood 1, unit 1, IId9hborhood 2, Unit 1, and lIei9bborbood 3, unit 1 (-Fir.t """ .a\aubdiv\tce.upp2.wp lIovaaber 2, 1"3 Supp. alA for 'l'ele;r.ph canyon btate. ~ ~~~ p.ge 4 . . ~hr.. Final Maps") as b.ing in .ubstantial conformanc. with the ~.ntative Subdivision Map for the territory of .uch First ~hr.e Final Maps. MOW, '1'HEREFORE, in .xchang. for the .utual cov.n.nt., 1:.rm. and conditions h.rein cont.in.d, the part i.. .gr.. .. ..t forth below. 1. a;r....nt appUoabl. to '...fIU.nt OIna.r.. 1.1 a;r....llt 8illl1illg VpOIl .uoo...or.. '!'his Agr....nt .h.ll be binding upon and inure to the ben.fit of the .uce...or., ...ign. and int.re.ts of the parti.. a. to .ny or all of the Prop.rty until rel.as.d by the mutual con..nt of the parti.s. 1.2 agr....nt aUII. with the Lalli. '!'h. burd.n of the cov.nants contain.d in this Agr..m.nt ("Burden") i. for the ben.fit of the land own.d by the City .djacent to the Prop.rty. ~he Burden touch.s .and concerns the Property. It i. the intent of the parti.s, and the parties agree, that this covenant .hall be binding upon, and run with, the own.r.hip of the land which it burd.ns. ~he Burd.n of th'i. Agr.ement .hall be r.l.a..d fro. titl., a. to an individual lot or unit within the proj.ct upon the eal. of any lot i.prov.d with. residence. If r.qu..t.d by D.v.lop.r, City .hall .x.cut. . quitclaim r.l.asing the Burden of this Agr...ent fro. the titl. to .ny .uch lot.. If D.veloper ...ign. .ny portion of the Property eubject to the Burd.n of thi. Agr..m.nt, Dev.lop.r .h.ll have the right to obtain . r.l.a.e of any of Dev.lop.r'. obligations under this Agr..ment provid.d D.v.lop.r Obtain. the prior written con..nt of the City to .ny .uch r.lea.e. City .hall not withhold it. con.ent to .ny .uch requ..t for a r.l.... .0 long a. the assign.e d.monstr.t.s, to the r.a.onabl. .atisf.ction of the City, its .bility to p.rform its Obligation. und.r thi. Agr....nt as it relat.. to the portion of the proj.et which i. being .cquir.d by the ...ign... 2. COIIUtioD Mo. I ul 10 - .itigatioD ....ur... Dev.loper .h.ll, at th.ir eol. co.t and .xpen.., impl...nt all .itig.tion ....ur.. r.quired by a..olution Mo. 11"0, and in p.rticul.r, ..cUon IX, B. and ..cUon VII, COndition Mo. '0, '1:0 the a.Uef.ction of the City and p.ll !apl...nt or cau.. 1:0 be !apl...nt.d, at th.ir .01. oo.t and axpen.., the Miti..tion and Monitoring pro;r.. r.flUir.d by ...olution Mo. 11"0, ..ction IX. D. J. CODUtioD Mo. . - ooapUuo. Witla Plu.. In ..tisf.ction of condiUon Mo. 4 of th. ...olution, Dev.loper ...r.by certifi.. th.t Develop.r ie curr.ntly in oompU.nc. with and agr... 1:0 (a) r..ain in oo.pU.no. with, and bpl...nt, the taras, ooncSition. and provision. of th. ~e1.gr.ph Canyon ..tat.. plan. prior to approval of any Final M.p, or (b) .gr... 1:0 provide th. City with . a:\eubdiv\tce.upp2.wp lIovUlber 2, un hpp. .IA for 'f.l.gr.ph Canyon ..t.t.. -fF:5' J~ 17 ..,. I . -""'\ such security (including recordation of covenants running with the land) and implementation procedure. as ~e City .ay require, assuring that, after approval of rinal Maps, Developer shall continue to comply with, remain in compliance with, and implement euch ~elegraph Canyon Plan.. Developer ehall bave eatisfied it. o~ligations to comply with the ~elegraph Canyon Plan. eo long a. Developer remain. in eu~.tantial compliance with ~e action plan for implementation of the ~e1egraph Canyon Plan. eet forth on Schedule 3 attached hereto and incorporated herein. .. condition 110. ~c -- ~ran.it ..enitie.. Developer ehall in.tall such transit amenitie. on both side. of otay Lake. aoad at the project entry or eppropriate alternative location a. approved by the City Engineer. 'J'ransit ameniUe., a. ~e term is u.ed herein, shall include, but shall not be limited to, benches and/or shelters and are su~ject to approval by the city Engineer. City acknowledges receipt from the Developer of S5,000 as a cash deposit to secure Developer'S promi.es in thi. regard. 5. Condition 110. 27 -- .eclaiaad Water V... Devaloper here~y agrees to install reclaimed water piping in such locations as City shall require, and at such times a. City shall require same during the construction of the infrastructure for the Property. Developer further agrees that it and it. eucce..or. in interest shall use reclaimed water at the earlie.t po..i~le date .ame i. ~ reasona~ly avaUable at .uch price a. City .hall determine is reasonable, which .hall at a minimum be understood to .ean at least the price of potable water. Developer shall otherwi.e be comply with applicable regulations of Chula Vi.ta, aegional Water Quality Control Board and the State Department of Health a. to the purchase and u.e of reclaimed water. 6. Condition 110. 10 - .uilding .eraits lIot to I..ue While ~hre.hold. Deficient. In .ati.faction of Condition No. 30, Developer agrees as follows: 6.1 Developer here~y grant. to the city ~e right to withhold ~uUding permit. for any dwe1Ung unit. on the .roperty at nch time a. anyone of the following occur: 6.1.1 'J'rafUc volume., levels of .ervice, pubUc vtilitie. and/or .ervice. axceed the etandard. for tho.e adopted City ~a.hold. identified on Schedule 1 attached bereto and incorporated herein; or, 6.1.2 ..giona1 development thrasbold limit. on ...t Cbula Vista 'J'ransportaUon ftadn; .lan, attached bereto and incorporated bareln. idenUfied Schedule 2, ""'" a:\subdiv\toa.upp2.vp lIovaJDber 2, un . Supp. IIA for hlavrapb Canyon ..tate. JY1:i )S;J/Y .age 6 c . . 1. Condition No. 11 - co.plianc. with .a.t.rn Chula ~i.ta ~ran.portation .ha.in; 'lan and ~ran.portation Dev.lop..nt S.pact 1'.. .ro;ru. In aat.isfact.ion of Condit.ion No. 31, Develop.r a;r... that. it. ahall co.ply with th. r.quir...nts of th. r.vis.d .a.t..rn Chula Vist.a !Tan.port.tion Phasin; Plan and !T.nsportation Develop..nt I.pact F.e pro;r.. or .s said dOCWD.nts ..y be r.vis.d ba..d on t.h. conclu.ion. of the H.N.~.B. stat. aout.. 125 financin; study. I. condition No. 12 - No .rot..t of ..int.nanc. Diatriot or aa......nt Di.triot. In aatiafaction of Condition No. 32 of th. a..olution, D.v.lop.r .nd th.ir h.ira, aa.i;na, tr.n.f.r..a, and oth.r succ...ors-in-int.r..t, h.r.by .;r... t.o not prot..t th. formation of . aaint.nanc. diatrict for th. ..int.nanc. of ..diana .nd ac.nic corridor. .lon; atr..ta within .nd adjac.nt t.o t.h. Prop.rty and t.o not prot.st the formation of and inclu.ion of th. Prop.rty in an ......m.nt di.trict for th. aaint.nanc. of ~.l.;raph canyon Flood Control Chann.l. ~hia a;r....nt t.o not prot..t t.he inclusion of t.h.se public i.prov...nt. shall not be d....d . waiv.r of the right t.o chall.n;. the amount of any ........nt which .ay be impo.ed du. t.o the addition of th... n.w improv...nt.s .nd shall not .int.rf.r. with the ri;ht of any per. on t.o vote in. ..cr.t ballot .l.ction. .. Condition No. IS - No .rot..t of 1'0rmation of co..unity l'acility District. In .atisfaction of Condition No. 33 of t.h. Resolut.ion, D.v.loper h.r.by .;r... t.o not prot...t th. formation of and inclusion of the Prop.rty in a co..unity f.cilit.y di.trict t.o financ. construction of stat. aout. 125. ~his .;r....nt t.o not prot..t t.he inclusion of th... public improv...nta .h.11 not be d....d a waiv.r of th. ri;ht t.o chall.n;. th. amount of any ........nt which aay be i.po..d due t.o th. .ddit.ion of th... n.w i.prov...nt. .nd shall not int.rf.r. with th. right. of any person t.o vote in a ..cr.t ballot .lection. 10. Con4iUon No. II - 8ub4ividon ..p Snaeuity. In .ati.faction.of Condition No. 35 of the aesolution, the Developer a;ree. th.t, on the condition th.t city .h.ll promptly notify th. Developer of any clai., action or proceed in, and on the further condition th.t the Cit! fully cooper.t.es in the def.n.., the Developer .hall def.nd, nd.mnify, and bold bUm1.s. th. city, and 1t.s a,ent., offic.rs and .ploy..., from any claim, action or proceedin'II a,ain.t th. City, or it. a,.nta, officers or emp1oy.es, t.o att.ck, ..t add., void or annul .ny approval ~ th. city, 1ncludini approv.1. by ita Plannini co.-isdon, City eounoll, or any.pproval by its .ients, officer., or .ploy.e. with ~qard t.o this ~oject. . .:\sUbdiv\t.c..Upp2.VP November 2, 1..3 hpp. SlA for 'J'al.;r.ph canyon ..t.t.. ~_ /~fJ .a,.' . . . """\. 11. Condition .0. 'I - Ca~l. ~.l.vbion ......nt.. In .ati.faction of Condition No. 36 of the R..olution, the Dev.loper .ir... to p.rmit .11 c.bl. t.l.vi.ion co.pani.. fr.nchi..d ~y the City of Chula Viat. equal opportunity to pl.c. oonduit to .nd provide cable t.l.vi.ion ..rvic. for ..ch lot or unit within the proj.ct.. Developer further .ir... to VX'.nt, by licen.e or ....ment, .nd for the benefit of, .nd to be .nforc..~l. by, the City of Chula Viata, conditional .cc... to cabl. t.l.viaion conduit within the properti.. .ituat.d vithin the Proj.ct only to tho.e cabl. t.levi.ion compani.. franchi.ed ~y the City of Chul. Vi.ta the condition of .uch vr.nt bein; that (a) .uch .cc... i. coordin.ted vith Dev.loper'. con.truction .ch.dul. .0 th.t it doe. not del.y or i.pede Developer'. con.truction .ch.dul. .nd doe. not require the trenches to be reopened to .ccoamod.t. the pl.c..ent of .uch conduits; .nd (b) .ny .uch cabl. company i. .nd remains in co.pliance vith, .nd pro.i... to r.main in compli.nc. vith, the t.rms .nd conditions of the franchi.. .nd vith .11 oth.r rule., r.;ul.tion., ordinance. .nd procedur.. r.;ulatini .nd .ff.ctin; the oper.tion of cable televi.ion co.pani.. .. .... ..y b.ve been, or .ay fro. ti.. to time be, ia.u.d by the City of Chul. Viat.. D.velop.r h.r.by convey. to the City of Chul. Vi.t. the .uthority to .nforc. .aid covenant by .uch r..edi.. a. the City d.t.rmin.. .ppropriate, includini revocation of .aid VX'ant upon a '""'" d.t.rmination by the City of Chula Vi.ta that th.y b.v. viol.t.d the condition. of the vrant. 12. Condition .0. 10 - .Ub.i..ion of &nDu.l .ulltID; ~.rmit anI! Oth.r ..port.. In satisfaction of Condition No. 10, Dev.loper, .nd th.ir heir., ...i;n., tr.n.f.r... .nd oth.r eucc...or.-in- int.re.t shall submit to the city Dir.ctor of Plannin; annual builcUn; permit r.port.. The first of .uch r.ports .h.ll be .ub.itt.d comm.ncin; .. of F.bruary 1, 1..4. SUb..qu.nt r.port. ahall be delivered on .n .nnual basis until the last builcUn; permit in the proj.ct bas been i..u.d. 13. Conl!itloD .0. .1 - ..tl.Dt. ......nt. Dev.lop.r a;r.e. th.t it vill. not .pply for Council .pprov.l of a fourth or l.t.r final ..p to the Prop.rty, and City aay vithhold .pprov.l of .... Ilotwith.t.ndin; .11 other conforaanc. vith the 'J'ent.tiva IIIp, until Dev.loper b.. d.dic.t.d to the City, .nd .... b.s be.n r.cord.d in fir.t priority position, . .ini.. of .f .cr.. w.tl.nd. aa.oci.t.d vith. l.rv. w.U.nlSa .r.. on the ot.y "neb property in a location approv.d by the Dir.ctor of Pl.nnin;. u. eo.titlOD .0. I. - affodUl. .oula; avn".Dt. Developer .;r... th.t, without parainiClin of the City Council, it vill Ilot .pply for council approv.l of . fifth or l.t.r fin.l ..p to th. Prop.rty until City .nd Developer b.v. r..ch.d an affort.bl. bou.in; .;r....nt in a form ..ti.f.ctory to the City providing for 34.4 afford.bl. bouain; unit. on the ar.. of th. Tent.tiv. IIIp '""'" e:\.UbcUv\tc..upp2.vp hpp. .~ for '1'al.;r.ph canyon ..tat.. .ovuber 2, un ~ /.> ftJ P.;. · Co .,-; .., . covere~ by the fourth or later final .aps, an~ in .ccordance with Con~ition No. 6 of the Telegraph Canyon E.tate. GD' .nd S'A 'lan (Re.olution No. 16768). 15. CODUUOD 110. .. - 'oDbg ~or a CODu1t, ftrpo.. .aoilitie. .it.. Dev.loper agr... that, if one Dr .or. parc.l. of proparty .atisfactory to th. City .nd of th. .a.. .pproxi.at. .iz. a. that which .ay bav. been requir.d on-.ite, own.d by th. Develop.r wi thin th. jurisdicUon of th. City and oth.rwis. be within th. vicinity of th. 'rop.rty ba. not be.n (r.)plenn.d .nd (r.) zon.d .. a COJlllllunity Purpo.. FaciliU.. .it. at th. time Dev.lop.r .ppli.s for Council .pproval of . fourth Dr oth.r final .ap for th. 'roperty, Dr if th. part i.. bay. not r.ach.d . .aUsfactory .gr....nt for th. planning .nd &onin; of auch . pare. 1 , city .ay withhold .pproval of aa.e notwithstanding .ny other r.quir.m.nt, .nd D.v.lop.r ahall .ubmit . .evi.ed S'A 'lan and Tentative Map which provid.. for .aid .it. within the .ub~ivbion. City .gr... that proximal .r... of the W..t.rn ,arc.l of the otay Ranch ,roj.ct may provide .uch an off .it. parc.l if it ...ts the oth.r r.quir.ment. of ann.xation .nd own.rship by the D.v.lop.r at the time of &onin;. 16. Co.pUaDoe With VDfulfU1e4 CODUUODS. Developer a;ree. . to comply with all the condiUon. of the TentaUve Subdivision Map which remain unp.rform.d or unfulfilled .t th. time of th. filin; of the Final Map, including the followin; condition. no.. 11 .nd 13 which r.ad a. follows: Condition No. 71. .ay the followin; f... in accordanc. with the City Code and Council .olicy: a. Th. TransportaUon .nd Public Facili Ue. Development Impact F... prior to th. i..uanc. of any building p.rmit; b. Si;nal ..rticipation pe..; c. All applicabl. a.w.r ~..., including, but not limited to, a.w.r conn.ction fe..; and d. '!'b. hl.;rapb Canyon I.w.r ...1n ~... CondiUon 110. u. Comply with Titl. 14 and any oth.r aner;y cons.rvation ordinance. and polici.. in affact at th. tia. con.truction occur. on th. property 1n oonfonanca with th. TentaUve SUbdividon ..p. . a:\aUbdlv\to..upp2.wp lIovaabar 2, un lupp. llA for hle;rapb Canyon ..t.t.. ~ /~/~ ..;e. , . - .' to .,.' -.., 17. aaUsfacUolI of COIIUUOIIS. City airees ~at ~. execution of this Aire.ment constitutes aatisfaction of D.veloper's obUiation of Conditions 3, 4, 14, 27, 30., 31, 32, 33, 34, 35, 36, 38, 50, 61, 62, 68, 71 and 73 of the Resolution as it applies to ~e territory of ~e First ~hree Final Maps for Chula Vista Tract '3-03. 18. .ecorUlli. prepared by .ither or of .ither party. 1'. aisoellalleous. ~his Agreement, or an abstract bereof both partie., aay be r.corded at ~e option 1'.1 Motices. Unless otherwise provided in ~i. Aireement or by law, any and all notices r.quired or permitted by this Aireement or by law to be served on or delivered to .ither party shall be in writini and shall be deemed duly .erved, d.livered, and rec.ived wh.n p.rsonally delivered to ~e party to whom it is directed, or in lieu ther.of, when three (3) busines. days have elap..d following deposit in the U.S. aail, certified or re;istered mail, return receipt requ..ted, first-cl... posta;e prepaid, .ddr....d to the .ddre.s indicated in this Agreem.nt. A party .ay change such .ddre.s for the purpose of ~is par.iraph by giving writt.n notic. of such change to the other party. F.csimile ~ tr.nsmission shall constitute per.onal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA .2010 Attn: Director of PUblic Works Developer: Otay Vista Associate. cto The Baldwin Company 11.75 El C.mino Real S.n Dieio, CA .2130 Attn: .roj.ct ".nager of ~.leir.ph Canyon Proj.ct A party aay chanie auch addres. for ~e purpose of i:hi. pare;r.ph by ;ivini writt.n notice of auch change to ~e oth.r p.rty in ~e _nner provided in i:hia par.;r.ph. r.csiaU. transmission .h.ll constitute per.on.l d.liv.ry. . 1t.2 capUoas. C.pUons in i:h1s A;r....nt are ins.rted for conveni.nce of r.fer.nce and do not d.fin., d..cribe or li.it ~e acope or int.nt of i:h1s Air....nt or any of ita bras. .a\aubdiv\tc.supp2.vp Movaabar 2, 1..3 aupp. aXA. for hl.;r.ph Can)'on ..t.t.s .P---tt:r /v? ~.;2. .age 10 c . ,~. _0 . 1'.3 alltir. aqr....Zlt. '1'his Aqr..m.nt contain. ~. .ntir. .gr..m.nt betw..n ~. parti.. r.garding ~. aubj.ct aatt.r h.r.of. Any prior oral or writt.n r.pr...ntation., .;r....nt., und.r.tanding., .nd/or atat.m.nt. ahall be of no ~orc. .nd aff.ct. !bi. Agr..m.nt i. not int.nd.d to aup.ra.d. 01' ...nd any oth.r .;r....nt betw..n ~. parti.. unl... axpr...ly not.d. 1'.4 .l'.paratloll of aqr....Zlt. 110 infaranc., ...umption 01' pr..umption ahall be drawn from ~. ~act ~at . party or hi. attorn.y prepar.d .nd/or draft.1S ~is Agree..nt. It ahall be conclua1 vdy pr..um.d that both parti.s participat.d e;ually in ~. pr.paration .nd/or drafting ~i. Agr....nt. 1'.5 ..cltal.; ~hlblt.. Any recital. a.t ~orth above .ra incorporat.d by r.f.r.nce into this Agr....nt. 1'. & attorll.'.' P.... In the av.nt of any dispute .ri.ing out of this Agr..ment, the pr.vailing party in .ny .ction .hall be entitl.d to r.asonabl. attorn.y.' ~... in .ddition to .ny oth.r costs, dama;e., or r.m.dies. IN WITNESS WHEREOF, the parU.. her.to bav. cau"d A;r....nt to be execute the day .nd y.ar ~ir.t b.reinabov .fOrth. By: City of Chula Vi.ta Att..t: ad.r, Cl.rk OTAY VISTA ASSOCIATES, . California li.itad partn.r.hip By: Sky Vista, . California corporaUon, Gen.ral Partn.r c. II. ~ By: , ....: '1'i tla: "tt'1: 'I::P:....\\~..rr Dat.: I f .. By: ..... : '1'lUa: . . . ~ " ~ a:\aubdlv\tc..Upp2.vp "oveabar 2, 1..3 Bupp. BIA for '1'ala;rapb 'Canyon ..tata. o--n /5 --:fJ .a,. 12, ~ EX IB/T'F' CHULA VISTA TRACT NO. 93-03 TELEGRAPH CANYON ESTATES PHASE 2 & 3 . " i j::::j I NEIGHBORHHOD 3 UNIT NO. 7 NEIGHBORHOOD 2 UNIT NO.3 NEIGHBORHOOD 3 UNIT NO. 3 NEIGHIBlORHOOD I UIHIIT NO. II Mol' NO. 111fl<6 LOT 'IA" . . ? ft ICI : 0..0 io' I!I:Z . o 0 IIilt:Z iZA. lij;)C :II: :I NEIGHIBlORHOOD II UIHIIT NO. fl MI.' NO. ,.,111 ~oto1> 01 toi - NEIGHIIlORHOOD 1 UIHIIT 000. 1 IIIAP NO. 111no NEIGHIlORHOD 1 UNIT NO. 1 MAP NO. 11GU ~ ROJECT /J'-Sf VICINITY MAP NOT TO SCAlE !O~ SENT BY: l.flIlS SO ;ll-~-Dt ;11'~ . 'O.L"'~\hJ-"",,*.a.'" w~~~~,v V'.W ~k,~ .,*, ~ AGRBEMBNT TO CONVEY APFORDABLB HOUSING SITE AND nncess COMMUNITY PUBPOSB FACJLl'I'IfS srm ('I'dlpph Oua)vn) Thia~.... III to Qmey AmlrdIbJe JIo......, Site aDd P._ t"nmmllld1fparpose Pacilitils SIte (hereafter aApemcatl) fa made thiI daJ of . ~ by lIIId bot..~ THE CITY OFanJLA VJSTA. CaIibDIa ("CitJ" or "GraDtee"1br ICClOidiul pwpllIeI cmJy) aDd BaIdwfD BlIilden. a c.JifbmIa co,pa.adaa ("DevUJpet' or ~ with refemlce 10 tIac facti lOt tortb 1leJuw, whicb ncitaII--atolte. part afthia Apw."-Ill'L RBaTALS c..,"- .,.... ...."c.,," aty8llCl0tay:visaa~'?cla;;'.~Iiaifticf~("Otaj~"j citten:cf into that eenafn SupplcmeDtaJ SubdMaiaa Improycmem Apeemenl, elated _ . 1993 ("ImpJovoment Apeemcnt") 1+'" certain nal property located in O1ula Vista. CaJifomla, u clesc:ribed theJein ("Pr4_1/'). 1bo Prope.l)' Js now owned by Developer, U fueotlSOI' in interelt to Otay VIata, aDd fa part of . project commoDly IaIOMJ u Telelf&ph C8rI)OD Batatea ('!T~ ~ PIojec:t"). B. Amcm. other obIiptfnna. Ccmdicion No. 68 of the Improwment Apcment JeqUirca th8 DIVIle1' of the Property to plOCClo._ appbdoa -Will" (rer"" of real p.~y u . ComlllUllity Purpo.o FaciIltfea Site. . C. Oa. Aupt 2S. 1992. G10 Qt)' ....."..... ReIoIutiOD No. 16768 ("Rao1utiou-, reprcIiDc the Tdcp.ph Om"on Project whicb, ~ other tIdJIp, appraved and Imposed &meDdments IDd CODdidoN on the Tdcpaph Cqon.....,-., PIA"","" Area PIm UDder Coaditlon No. , of the RcIaIutioo u amended ("CoDdition No. 6"). Dew1oper. required to Rl8Ch IIIl qreement with the Oty nprdlua the provfaiOD of IffoIdablc houIiDg prior to the .pp.....d by Qty of the fiDI1lUbdiYf11oD map for tbe Telepapll CaIIJOIl ProJect. D. Deve10per alia OWIII aDd . cu.....dI) pr.. mrL.. with tbe Cit)' eadtlemcDtI for the ~'l...~ot of RBI. pJOi"'lll COIDIIIODJy boMl. the "Ota7 Ranch ProJec:&." located within the CoantJ of San DieSO (the "CouutY'). 'I1Ie aw<\)...4 Otay RIIIldl Pnljcct OoDInI DeI.Wopmem PJIm ~pla_1Dd a11thortlel tbe 8\1_~ dcvs1., ..,-~ of . 0. ....m....lty l"\uvDICI FadUtIea Site wWda ~ ~ Area One Ibereof. B. 'Ibc I-U. DOIr deIIre to provIde. tI'CI. to atiI(y m tbe OtayJlaqcb PrqJect Ibe Demoper"I (J) dard8bJo ~ ot-liPtlnna U lilt b1h ill ~ No. , of the RaoIutioa, aDd (n) ~tfnn~ w/JtJa RIl~ct to 0lIIIIdltf0n No. 68 of the ~~t A,reement. 111l2t94 rr;fu . . . " '. . 16') . SENI' BY: I..J'HlS SO ;11-22-84 ;11:37A11 ; 1618)235-3541" 6185855612;# 8/13 . . NOW.1'HEREPORB, fa -..h.V iDr tbD IIl1ItuaI ~ IermIIDd ......rllt/nns JIelein -n.ed.. the partIca epee u _lbrtII bellow: L s.~.,.;.... of Afl'nrdJlbIe ,,~. ObHntlon. ~ lhaJl..tllfy CoDditioD No. <<5 f1 the ResoJutioD "" ......",.., to dID 0t.J DOt ba dIIIIa tJIree (3) badJttablo 8CI'eI of real JX....-t)- wItiD the Otay RaIIch Prqfect SertJ<w...1 ,......"'1 Area Ouo. ViDage Five ill . JocatiaD IIDd of. c:baractu ....-..~" .fWeelaly to ... at)' (the .AfrordabJe Hollllng Site'" or "Site"). no Atfmdab1c HoaaIDi SIte Ib8JI be ~.6.r04 to tbe CilJ fa a rough pded ClOJIditlon with .a.abbe.J udlldeI pmvided at tbe '* hoaaduy. at ~. IOIe c:wt aad ~ JlOt more 0aaIl tbno (3),em CoDowf.!be date of thlI Apeement ("Sfte Qmve,puce Date"); pro.ided tbat fa the CNDt the Qty 8ppIo)._ aD AfrordabIc HoufDa PIa for SectIoaat pa....,I..,Ana ODe, ViII8p '"" wlIich~-........ ~ f1the A1bdabJe HoIIIlng Site on a de1e IlIbIequcDt to the ate CclaveyaaCe Date, the tmms aDd 4lOJldidoaI of tbe AIfonfabJe If""" PlaD IhaD IChwII; pruridcd fartber tbat fa no tl'VCDt 8baU Baldwin ~d)'!be ~ Site later tbu five ($) ~ ~ tlIc. .,.... -..~ af,- A,r-ncat. ~ aUre.'tl:ImII of tW AfIOMBljiCiHOIJI1Da PJaiL . . -,., 2. Satisfaetinn ofL.......-.mMt ~ r"nnctitiOD ~o. fi8. Dowdoper lItall..tisfJ ImpravemeJlt Apemat ~ No." u let fmth In P8naraph 15 of the ImpTOYCDleJtt Asrecmat, by _~n. awl. ~'km. ad ze.epplk:atkm III the 0WlIIt of MnUoI. with appropriate ~ IpEIec fDch...,the Oty. ad diJipatI1 !'I'- -dill (I) the 8DIlGllltion to the Oty of tbe OlaJ'RaIIdI Plojb;.l Se~ ptanm.., Ana ODe. ViIIaae Five. . (h) pre .."..I.. for ScctIona1 PJannh1a Aiea ODe. ViII&'e PM, and (Ii) SeI::tp..1 PIIumIng Area One approvaL ID accarduce with tbe apptOftld 0.., RaDCh Oeaeral De\-'"1pIDCDt PJID, tile O.......tKlfl) p...,~ FIdIitica SIte withJa s-.r~.....J ptannl"i Ana ODe. ViIJaBe Eve IbaD be DOl leu than 1.5 IlCI'eI appmpriatdy '-9'*ted ami CCIIIfipIed III a """tlnll and of a cbarac:&er leUO"'.bJy -f:iRadmy to the Oty. 3. To teClIIe the pedor....nee of the ~Joper'. oblIptialll CClIItaIae4ln SeelIca 11DC12 above, DewJoper IhaJl RC01'd ODe or mere "DeecI of TraIt ami.'" ia.........t'or ....,- "UbIt8u1faDy in tU bm .~bed hereto u BdIibit "'A" (horeafter "'Trut Dccd(.)"). .,fnIt loti wJrhiD tile Otey Itauch ProJeeI cbc:ribcd OIl B1rhIbIt "8- .HIl~ !leNt() .., L...o.jlUaodlld ... (the "Secared Lou"). De\doper lIba1I &mvJdo 1be QtJwJtIa. JnlfMllUl1"tidc report aud appnIaal far tile Secured loci. 1'110 uJue ol tile Secared lAIII IIaaU lie -'&1... to IIdequateIy aaeure die peIbmaDce ol :o.wJopa'. Mliptlnna henda fa tile IaIe dilCl'etiaD f1I1be Cty. The Sec:ured 1.<<* IbalDOt be "'~I.II~" pert olt1le Otay RaIlCh ae.oun.~........ PlaD'I CllxMlyaDce Pa-.am ClI' &II)' otMr JIIitfp~ ......... _til BaJ4wJD ... fiIDy pIri'onDed Ita obllp'foat fa tbII ~ Upaa tile ..41'" nq elt ol tile DneIoper. tbc QI.y IbaII ~ tile 1IaDIfer of the TraIt 0Ied(.) to othor Jot(.) ........cl ." D.wJoper wJthiD die Dl7 pto.JdDd that tbe NpJai. !lOt-"'" Jat(.) adequalel1lCCWo(I) p.A - .....~ of ~. -~ ~tInna Jaelllldor III tbe tale din'..... oltbo CI:J. . 2 ll1U194 ~ /~~l lotf SENJ' BY: U'\i&S SO ;11-22-~ ;ll:~ ; IOlDJZi>>-iJi)'jl~ U1~~"r4U'~u 4. R...."'llIe of IJea. The Tn1st Docd(I) reconSed to aecure pedo,.l'_llCe of the Dnelopor". 'oblipdoa wltb R1peC1lO Ccmc:UtioD No. 6 01 the Reaomtiou Iha1I be nleued and rec:otMylld. or JIIIIti8D1 P!JeuecIIDd nlClQq..qed In tbc eveat alfnale Trust Deed aecures the pe:rformaDCe of Dl1IItiplc obJlaatfODS, pauqJtly folJowlDg the cot.YCyaDCc to the City of the Aft"ordabJe Houmn, Site m IICCOrdaDoe with SeedaD l.bow:. The Trust Decd(s) rc..wdcd 10 IeCUIe pe.la.......... 01 tho ~s oblfptkm with respect 10 Impromnent Aareemcm Coadltico No. 68 IlIaD be ,,' HI tI 8Dd .~.0)1ld, or JIlInfaDy roleued aDd ftlCOIM,ped In tho evaJt a IiqJe Trust Deed IeC:lI1'ea the petru. ....nee Of IIl1IltIple obliptiom, PIOJrlpdy foUawing the apptWll by the atr of Ocay Rauch SeetiONll PiA"'" Area One ad III .....~tiaa Into the aty Ja. accordaDce with Sec:tlou 2 above. 5. Bwmu or~.w. DeveJcper III8Jl be In cIefauJt of tbis Aareement by ill faiIurc to (I) plocas Dee- IIJY applicatioa(l) III1d mab aU ,,"""_We d'orlI to COlh'7 10 the City the Afrordab1e HOlISm, Site In accmdauce with Sec:tiou 1 hereof; lIDlIIar (i) proccas De' r II Illy appIIcation(.) and make ~ Rlll'OIPhle efforts to lean .--votit'D to th~ .~..- _....Oq.8D!1approwl ofScctioDal P1".nn!'1&1\I:I!a,one, VDIagt'FM'afthc OtayRaucb Project in accordance with Secdon 2 hereof. The parties aarce 1bat tho dAm.,. that CitywiDlUlfer by Baldwin's default of the promiIc to peJfarm as required in Scctlou 1 of tbis agreement are $600,000. Upon default and IlI1e of the Secured Lots parnant to the provisjons of the Deed of Trust IDd AssIpment of Rents, afIcr .......~ aD COlts of IIle m the m......r:r permitted by law, the City may JetBfn tbis IQID from the ... _ DDCdl oI.lUch ~ We as .".mll,et far such default. . The partlea further .. that the daft1ap that Oty wiIIl1dfer by BalcIwiD'l "" dcCauIt ~tbc premise to perform as required m SectfoD 2 oftbis qreement arc SI00.ooo. Upon default and sale of the Secured Lots p1II'S1IllDt to the povJafca of the Deed of Tl'IlSt and Assipment of RCDtI, after cIeductiD& aU COS1I of _ fn the m.nner permitted by law, the City may rotain tIda IWJI from the proc:ecds of IUC:h foredoaurc _ as dAm..ges far such default. III tile event the DeYdopcr faDs to cure tile defaalt In . timely fiuhioJl as provided by appli...bJe law, the CIty may pume aD ~tI and .~....-.diet lI1fordcd lIDder tho terms IJId COIIditions of the appJkabJe Deed of 1iust(s) pen to MCUIe paformaD~ of the defaulted obliptlon. ~ . /...) 6. Release of OwmmnL 1kwup1ly ~ thCl ->tio.a of this Asreement, the parties IhaI1 exeeute aDd RCwd IIId1 fIIstnuaeDts and tab aD RlIontlllb1e step' neelsSIll)' to I'OtDOYC from title that certI1Il "Dcdaration 01 CovaIant Jbnm, with tbc Land" elated May 3, 1994. IDd ~dcd May 12, 1994. ill the 0f6ce of the SIUl Dqo County RcconIcr u Doc:ument No. 94-0316515. by ItIId be..". the pertica hG..:.to whfch -.-.utJy .....,.,~bcn the ~ CIDJOD ~ect. 7. Modification.. No "'-'ifi_tioa, ~. IIDIODdmoat, ....J.lI1'p or ell.... oltbls AJr-ment abal1 be wild UDIeu tbe -.me Js fD ~ and ~ by the puty 3 U/l2I94 '""" ..0=3 /yYr e e . "SENT BY:1.l'IIIS 51> (618)235-3541" 61858556121,;#11/13 :11-22-84 :11:38AM : . epiDltwhic:b the eDton:ememof I1ICJa ~. waiwa'....."""'--t, ~"'''''.Ill' dIaDp II or may be IOIJIbt. 8. Attftrn_' ,,--- ID the 0IaIt either pany IbaIlIIIItItute uy KtioD in coDn~ with this ~ tbe pnvafIIDf pany thaI1 be IIDtitIed to rccovw from the odIor puIJ IIll of tis COltS of "OtJoa. iDdudiDI "...,..1 JimitatIrm ~-bJe a~' feel. 9. s.tWQ~OD of RM/11ntion fDIdit/on l1li4 Jovr-- ~~t l'nMIrfog The pBrtieI8IfOO tJlat the i'Wfw "........ ancl ~ .,. ~ of tbc Ierma of IhiI Ap-n"'n' Iba11l!1lllllttiUo full IIld A-~ ..tlal.r.don of (i) DcvBIoper'l IIffordabIe 11..-1"'1 ......,._. JIIIa--nt to eo.....lliaD No. , of1he Rao1utiou, IlIId (iI) Conditioa No. Q of tile ~..,...meat Aarcomem. QI.y.... to proridc written w:dficatha of~. ..tI.~ of tile obliptiolllsct forth in ~.DI11Dcl2 held pmmptlJ upon tho _tW.ctiaa ~ oadI CDDdf1fon. I.. ..u._~.. ... _.__.. -"-- ~'..:' _.-.. ;.,... 10. NMi.-.~~...iIc provfdedbmetn;eol1tauI mhd..;ln"htnatiOil IJf this Agrccmcm Iball be wated In tbe Director of Community :Dc9cJot>...mt of Oty u to City'I bdetat herein. A:Dy COIIIDIU1Ilc:atioDS raJatM Ia tile tertIIJ or ccmditfom or ID)' chaDps therela or 8Dy I10tial or JIOflcer provJ&d for bJ' tit ~t or bJ' law Ia be afvcn or saved upon either party hereunder may be Pen or ImIed by pononI1 dcHvery or by cortifiod or reptcrccl mal, cleiMdled in the United States ..n, poIt8Je prop8id ancl mum lOllOipt nqueated, or by Federal BzprUa or other .4nn111r ~t cleHvery teMce and addnlaed to the party for wham intQ)ded, u tclJows: To Oty It: Oty of anJJa Vfata t'mn-.mity Dcm:Jopman Depadw....l 276 Fourth Awuue QuJa ViIta, 0IJlf0mla 91910 AttD: D.ireclor of O-.....onllJ' Domopmom To Dcvatoper at: BaldwIn 8"""'"'" 11975 m f>>"",,^ RoaJ. Saito 200 San DJeao, . f>> 1if'nruJa PZ130 Attr1: TeJopaph Cuyga Fa..jW MImapr A1rf pert)" hereto may from dme to time, by w&'JUu.. DOdce to tho otbcr. ~~ a ...~ 8&h.... which IhaD be tubldtated for tbe ODe above IJI"'" Iflo.-.I V.. otberwIte ~Dy provided fbr !IereJn, an aolba, "lua<lOllt, """,,II" or otbcr 00Gam.1Il"''''11oaJ pen benuacIer abaJl be fa wrItIaa ID4IJd be 111 IGIIoo4 to Iaaft beoa du1)o p..1IIId NC II.. (f) 1IpOD penaaaJ HJ.Il.". or (I) .. cl tho tIdrd b...... m day atler tMfI"w by VDlted States '!. I" i " ll/221l14 ~ /~~9 IlJb SENI' BY: lJ'Ii&S SD ;11-22-84 ;11:38AM ; (619)235-3541" 6195855612;'12/13 . RJisten:d or ccnifIed mafJ, rcturD RlCCfpt reqveated, postIp prepaid, aM I eel . let forth above, or (m) the immediately ..~, bl...l. UI day after cJ~ with Federal &pn:aa or otbe:r equivaJeAt OVIllDJsht delNeJy .,ncm. 11. Hlndln, on ~_. 01'1. AD teDZII of tIUI ~t abaJJ be bfDdiDg 1IpOD, fDure to the beDefit of ud be oofv.f(,.ab]e b1 tbe partIea bcaetu and their SENT BY: IJ'1IIS SO ;11-22-84 ;11:4DAII ; (619)235-3541" 618565Otil~;flafla . . l5. Cnnnt_. 11Ua ~t II1II)' he flIIllCUtecI in (IOIM"}'"II Is, ..m afwhic:Ja,..lIeD tUoa tc..crbcr.lbaI1.....lft.a IUlIy _~lItod mW-t.. IN WlTNBSS WHBRBOF. tIIc: perticI Hmo Iuml "wed thtI Apeem&mt to be ~.t~ .. of the dI.J I11III Jell' Snt IIeniaabcMlIet btb. arY: DBVELOPBR: a,: Cly of Qnda Villa B"'l nWlN BUlLDBRS. . 0IJIC0mIa ClOl'pOIatiaa By; N."'~" Title: 11m N__. Mayor AtteIt: _,;... Won ._. ,. .. .~.. --""...~,.: :,. :....."...y. : .oiL- ., .-..- ~... ~.."."!!' ~ - - . -.,...... (~.A.""';-__....._ ............a......J.l.....,""' '.' By; Name: Title: Beverly AutbeJet. Qty CllIk Appruvoed .. to Form: . Bruce M. Boopard, City Attomey . - ,~- -- 6 11/22194 ~ /5/~1 IO~ - This Page Blank - ~ / / / ~ )S-tt;2 €)lHIf!;lr I~' THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT . Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require aliscretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information Wl'ust be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier Baldwin Builders. a California Coworation 2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. James P. Baldwin Alfred E. Baldwin 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A . 4. Have you had more than $250 worth of business transacted with any member of ihe City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No ...x. If yes, please indicate person(s) 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Dave Hammer Hunsaker and Associates lack Hill Dexter Wilson Wilson Enilineerini 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes_ No ..1L If yes, state w~ich Councilmember(s): fmmI is defined as: "Any individual, /irm, co-partnership, joint Wlnture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other polilical subdivision, or any other group or combination acting as a unit. " (NOTE): Anach additional pages as necessary) _ate: Jy~3 Signature of pplicant TiM~ T. ())l-:1~ Print or type ame of contractor/applicant RESOLUTION NO. I 77,/Q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 2 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The city Council of the city of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 2 UNIT 3, and more particularly described as follows: Being a subdivision of a portion of Southwest Quarter of section 34, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula vista, County of San Diego, State of California according to Map thereof No. 166, filed May 11, 1869 in the office of the County Recorder of said County. Area: 1.275 acres Numbered Lots: 7 No. of Lots: 7 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public street, to-wit: portions of st. Germain Road (as shown on the final map) and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements tendered with the right of ingress and egress for visibility and street tree planting and maintenance, all as granted and shown on said map within said SUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council 1 /,M "'/ )1'11 ~"''''''', has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1994, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney M:\Ho.e\Attorney\TCNEIGH2.3 2 /5:9 ~.2 ~,..,...., , Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this_day of ,199_, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BALDWIN BUILDER, a California corporation, 11975 EI Camino Real, Suite 200, San Diego, CA 92130. hereinafter called "Subdivider"; ~IIHESSEIH~ WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a fmal subdivision map of a proposed subdivision, to be known as Telegraph Canyon Estates, Neighborhood 2, Unit 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final rnaps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period oftime prescribed by said Council, and -1- LM:3 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16960, approved on the 19th day of January, 1993 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 94-20 through 94-01 inclusive, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of Fourty-One Thousand Seven Hundred Forty-Two Dollars and No Cents ($41,742.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. -2-/5/I'r 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for' said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Forty-One Thousand Seven Hundred Forty-Two Dollars and No Cents ($41,742.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Forty-One Thousand Seven Hundred Fourty-Two Dollars and No Cents ($41,742.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between -3j.5/; .f the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and uilderstood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. II. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of finaJ acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from iIIlY and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the -4- /5,-,~" construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year fIrst hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: BALDWIN BUILDERS, a California Corporation ATIEST City Clerk Mayor of the City of Chula Vista Approved as to form by City Attorney (Attach Notary Acknowledgment) -5- 1M'? LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: BOND Amount: $21,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: BOND Amount: $21,000.00 Exhibit "C" Improvement Security - Monuments: Form: BOND Amount: $1,200.00 Securities approved as to form and amount by City Attomey Improvement Completion Date: THREE (3) YEARS FROM DATE OF COUNCIL APPROVAL OF THE SUBDIVISION IMPROVEMENT AGREEMENT -6- 1,5'/1' r RESOLUTION NO. / 7 7~? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 3 UNIT 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOT GRANTED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City ofChula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 3 UNIT 3, and more particularly described as follows: Being a subdivision of a portion of Southwest Quarter of section 34, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula vista, County of San Diego, State of California according to Map thereof No. 166, filed May 11, 1869 in the office of the County Recorder of said County. Area: 5.139 acres Numbered Lots: 14 No. of Lots: 13 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: portions of Marquette Road and Martinque Drive (as shown on the final map) and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lot A is hereby dedicated to open space, public utilities and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements tendered with the right of ingress and egress for visibility and street tree planting and maintenance, general utility easement within Open Space Lot A, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. /521-/ BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the city Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1994, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney M:\ho.e\attorney\TCNeigh2.4 /5LJ '..2 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDMSION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this_day of ,199_, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BALDWIN BUILDER, a California corporation, 11975 EI Camino Real, Suite 200, San Diego, CA 92130. hereinafter called "Subdivider"; ~IIHESSEIH. WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Telegraph Canyon Estates, Neighborhood 3, Unit 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an altemative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and -1-/50- J ..,,") /' WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16960, approved on the 19th day of January, 1993 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 94-20 through 94-01 inclusive, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of One Hundred Eighty-Nine Thousand One Hundred Sixty-Four Dollars and No Cents ($189,164.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. -2- ISf] - f 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously .with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred Eighty-Nine Thousand One Hundred and Sixty-Four Dollars and No Cents ($189,164.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred Eighty-Nine Thousand One Hundred Sixty-Four Dollars and No Cents ($189,164.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Thousand Five Hundred Dollars and No Cents ($2,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the -3- 15(J~.> tenns of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of fina1 acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -4- l.5'fJ-t the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: BALDWIN BUILDERS, a California Corporation ATTEST City Clerk ~$ ~ (j~ By: TimO~ ady '-'=-~ Vice President Mayor of the City of Chula Vista Approved as to form by City Attorney (Attach Notary Acknowledgment) -5- J58~ '} LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: BOND Amount: $94,500.00 Exhibit "B" Improvement Security - Material and Labor: Form: BOND Amount: $94,500.00 Exhibit "C" Improvement Security - Monuments: Form: BOND Amount: $2,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: THREE (3) YEARS FROM DATE OF COUNCIL APPROVAL OF THE SUBDIVISION IMPROVEMENT AGREEMENT -6- ;5(J''6 COUNCIL AGENDA STATEMENT Item /~ Meeting Date 12/6/94 ITEM TITLE: Resolution I? 7 yg/' Rejecting Bids for" Construction of Sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on Access Road to Nature Interpretive Center in the City of Chula Vista, CA. (ST- 513, STL-213)" and directing the Director of Public Works to re-advertise the project SUBMITTED BY: Director OfPublicWork~~ REVIEWED BY: City Manage~~ ~@1' (4/5ths Vote: Yes_No X) At 2:00 p.m. on October 12, 1994, in Conference 2 in the Public Services Building, the Director of Public Works received sealed bids for "Construction of Sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on Access Road to Nature Interpretive Center in the City of Chula Vista, CA. (ST-513, STL-213)." The work to be done consists of removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various intersections. It also includes the placement of 3 inches of asphalt concrete pavement on the existing dirt road to the Nature Interpretive Center located at the west end of E Street. RECOMMENDATION: That Council reject bids and direct the Director of Public Works to re-advertise the work with the opportunity for the City to award the project either as one project or as two separate projects depending on the bids received. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the construction of curb ramps (ST-513) and placement of asphalt concrete pavement on the existing dirt road to the Nature Interpretive Center (STL-213) were included in the FY 94-95 CIP program. Both of these projects were funded with Community Development Block Grant funds. This funding source contains strict labor and minority business compliance regulations that tend to increase the contractor's administrative cost of the project. Because of this, staff believed that by bidding both projects under one contract, we would encourage contractors to reflect their administrative costs savings on the bid amounts. The cost for the number of curb ramps included in the bid was in excess of the amount available for that work by nearly $11,000. Likewise, the portion of the low bid for the asphalt surfacing of the NIC Road was above the amount of funds available in that project account by approximately $3,500. A closer evaluation of the results also shows that for the paving of the Nature Interpretive Center Road, Superior Ready Mix, the overall low bidder, was in fact $5,312 above the lowest bid received for this portion of the contract work. This represents an apparent overpayment of about 19% of the cost to install the asphalt concrete pavement ($5,312/$27,885). The major reason Superior Ready Mix was the overall low bidder was that they underbid the next lowest bidders (Basile Construction Inc) in bid item #9, Traffic Control ($500 vs $2,832). Traffic control is mostly required for construction of the curb ramp portion of the contract. Basile Construction, Inc. submitted the next overall lowest bid totaling $76,553.50, or $303.50 higher than Superior's bid of $75,250.00. The amount of funds available for the NIC road is approximately $30,000. /, .,,/ Page 2, Item / ~ Meeting Date 12/6/94 The asphalt pavement portion of the work as bid by the second low bidder is within that cost. The table below shows the results of the bid received for the combined project. Contractor Total Bid Asphalt - Curb Ramps Amount NIC Road Superior Ready Mix Concrete, L.P - San $76,250.00 $33,200.00 $43,050.00 Diego Basile Construction, Inc. - San Diego $76,553.50 $27,888.00 $48,665.50 Sim J. Harris, Company - San Diego $78,000.00 $29,465.00 $48,535.00 Carolyn E. Scheidel - Contractor - La Mesa $78,575.00 $31,125.00 $47,450.00 A.H. Builders - Chula Vista $83,653.00 $29,050.00 $54,603.00 ABC Construction, Co., Inc. - San Diego $84,550.00 $37,350.00 $47,200.00 Marquez Constructors Inc. - Spring Valley $91,375.00 $33,200.00 $58,175.00 GIM General Engineering - Encinitas $96,060.00 $26,560.00 $69,500.00 Relative to the fact that our bid for ADA curb ramps was overly optimistic and included more ramps than we have funds available to construct, staff will be eliminating some of the work to stay within the amount of funding available for that project. Staff looked at awarding the two parts of the work separately, however, the bid was not structured to allow that option and, therefore, the project must be rebid. It is staffs recommendation, therefore, that Council reject the bids and direct staff to re- advertise the work with the specifications prepared in a manner that would give the City the ability to award the overall project to one bidder or to two separate bidders, whichever is more cost advantages. The preparation of the specifications in this manner will only require a minimal amount of additional staff work to rebid the projects. Receipt of bids with the ability to award each part separately or jointly will enable us to obtain the lowest cost for each of the projects and potentially provide the opportunity for a lower combined bid. FISCAL IMPACT: The potential separation of the projects will only require a minimal amount of additional staff work to rebid the project. That is estimated to be less than $300. The rebidding in the manner described will give staff the opportunity to obtain the lowest cost for each part of the work and will facilitate the proper accounting of staff and construction costs associated with each. SLH:rb (ST513\STL231) (M:\HOMEIENOINEERIAOENDA\rebid.SLH) I" ";J.. RESOLUTION NO. / '171/r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER IN THE CITY OF CHULA VISTA, CA. (ST-513, STL-213)" AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RE- ADVERTISE THE PROJECT WHEREAS, at 2:00 p.m. on October 12, 1994, in Conference 2 in the Public Services Building, the Director of Public Works received the following eight sealed bids for "Construction of Sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on Access Road to Nature Interpretive Center in the City of Chula vista, CA. (ST-513, STL-213): Contractor Total Bid Asphalt Curb Ramps Amount Pavement Superior Ready Mix Concrete, L.P - San $76,250.00 $33,200.00 $43,050.00 Diego Basile Construction, Inc. - San Diego $76,553.50 $27,888.00 $48,665.50 Sim J. Harris, Company - San Diego $78,000.00 $29,465.00 $48,535.00 Carolyn E. Scheidel - Contractor - La Mesa $78,575.00 $31,125.00 $47,450.00 A.H. Builders - Chula Vista $83,653.00 $29,050.00 $54,603.00 ABC Construction, Co., Inc. - San Diego $84,550.00 $37,350.00 $47,200.00 Marquez Constructors Inc. - Spring Valley $91,375.00 $33,200.00 $58,175.00 GIM General Engineering - Encinitas $96,060.00 $26,560.00 $69,500.00 WHEREAS, the projects are funded with Community Development Block Grant funds which contain strict labor and minority business compliance regulations that tend to increase the contractor's administrative cost of the project; and WHEREAS, because of this, staff believed that by bidding both projects under one contract, we would encourage contractors to reflect their administrative costs savings on the bid amounts; and WHEREAS, the bid results, unfortunately, did not reflect this as the lowest bid (~76,250) was above the Engineer'S estimate 1 /J,':; of $72,475 by $3,775 or 5.2% and in excess of the funds available; and WHEREAS, the cost for the number of curb ramps included in the bid was in excess of the amount available for that work and the portion of the low bid for the asphalt surfacing of the NIC Road was above the amount of funds available in that project account; and WHEREAS, it is staff's recommendation that council reject the bids and direct staff to re-advertise the work with the specifications prepared in a manner that would give the city the ability to award the overall project to one bidder or to two separate bidders, whichever is more cost advantages. NOW, THEREFORE, BE IT RESOLVED the city council of the city of Chula vista does hereby reject the bids for "Construction of sidewalk Ramps on Various Streets and Placement of Asphalt Concrete on Access Road to Nature Interpretive Center in the city of Chula Vista". BE IT FURTHER RESOLVED that the Director of public Works is hereby directed to re-advertise the work with the opportunity for the city to award the project either as one project or as two separate projects depending on the bids eived. John P. Lippitt, Director of Public Works presented by c:\rs\rebid.NIC 2 I/' - i ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item -.!..7 Meeting Date 12/6/94 Public Hearing: PCS-95-01; Consideration of Tentative Subdivision Map for a project known as Fieldstone Crest, Chula Vista Tract 95-01, involving 40 single-family dwellings on 9.21 acres located at the southwest comer of Clubhouse Drive and Hunte Parkway - Western Salt Company Resolution J 7 7'1'tpproving and imposing conditions on the Tentative Subdivision Map for Fieldstone Crest, Chula Vista Tract 95-01, making the necessary [mdings and readopting the mitigated negative declaration and the mitigation monitoring and reporting program for IS-94-19 Director of Planning /'tfI"- City Manager-JG1 i~ (4/5ths Vote: Yes_No.lO The applicant has submitted a tentative subdivision map known as Fieldstone Crest, Chula Vista Tract 95-01, in order to subdivide 9.21 acres of land into forty three (43) lots consisting of forty (40) single-family residential lots, two (2) open space lots totaling 67 acres (Lot A and C), and one (1) 05 acre access corridor lot (Lot B). The project site is located at the southwest comer of Clubhouse Drive and Hunte Parkway within the EastLake Greens Planned Community (see locator). An Initial Study, IS-94-19 was previously prepared in conjunction with the recent amendment to the EastLake Greens SPA Plan. The Environmental Review Coordinator has found that the project implements and falls under the purview of IS-94-19 and that no new affects could occur and no new mitigation measures are required for PCS-95-01. RECOMMENDATION: That Council adopt the Resolution approving the Tentative Map for Fieldstone Crest, Chula Vista Tract 95-01 BOARDS/COMMISSIONS RECOMMENDATION: On November 9, 1994, the Planning Commission voted 6-0 to recommend that Council approve the map in accordance with Resolution PCS-95-01 attached hereto. On Apri111, 1994, the Resource Conservation Commission voted 5-0 to approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program issued on IS-94-19 /7-/ , J Page 2, Item J 7 Meeting Date 12/6/94 DISCUSSION: 1. Existing site characteristics. The subject site is located at the southwest comer of Hunte Parkway and Clubhouse Drive within the EastLake Greens Sectional Planning Area of the EastLake Planned Community The site is bounded to the north by Clubhouse Drive, to the east by Hunte Parkway, to the south by unimproved land designated for residential development, and to the west by the EastLake Golf Course (see locator). The 9.21 acre parcel has been graded as part of the EastLake mass grading program and is elevated approximately 10-12 feet above street level along Hunte Parkway. The relative elevation of the site to the street decreases from 10 feet above street level at the Hunte Parkway/Clubhouse Drive intersection to approximately 7 feet below street level at the northwesterly portion of the parcel along Clubhouse Drive. The property slopes downward from a northerly to southerly direction and is surrounded by 2: 1 open space slopes except for a small segment along the north property line which is relatively level with Clubhouse Drive. 2. Zoning and land use. Site PC (Planned Community) - Residential Vacant (target density - 44 du) North South East West PC (planned Community) - Open Space PC (Planned Community) - Residential PC (Planned Community) - Residential PC (planned Community) - Open Space EastLake Country Club Parle Vacant Vacant EastLake Golf Course 3. Proposed development. The proposed development involves minor regrading of the site, construction of 40 single-family detached homes on lots averaging approximately 6,500 sq ft. construction of on-site and off-site improvements necessary to serve the subject subdivision inclusive of the Orange Avenue sewer pump station which will be located approximately 1/4 mile east of the Orange Avenue and Hunte Parkway intersection and access road thereto and improvement of an open space landscape buffer adjacent to the north and east side of the property (Lot A and C) /7-c2. Page 3, Item 12 Meeting Date 12/6/94 The proposal also includes development of a golf course trail access corridor parcel (Lot B) in conjunction with the golf course vista point required by the EastLake Greens SPA Trails Plan, attached hereto. Said golf course trail access corridor parcel (Lot B) and golf course vista point are required to be improved prior to or concurrent with the development of the subject parcel (Resolution 17618, special condition of approval #2). Staff recommends that the golf course trail improvements associated with the Fieldstone Crest development be constructed in accordance with the submitted plans and concurrently with the improvement of Street A. (see Condition #5) 4 Tentative Subdivision Map. The tentative subdivision map will create 43 lots. Access to the project will be provided via Clubhouse Drive. A linear centrally located spine road (Street A) and three cul-de- sacs/knuckles will provide access to the individual lots. a. Compliance with Eastlake Greens SPA Plan Residential units will be constructed on Lots 1 to 40. The project at buildout will have a density of 4.3 du/ac and will be in compliance with the recently approved EastLake Greens SPA Plan amendment density range (0-5 du/ac) for the project site and below the target density (4.9 du/ac) and target dwelling unit number (44 du). b. Compliance with Planned Community Regulations The Land Use Group and District designations for the subject site have been recently amended from RM-44 (Residential Multi-Family/ 44 District) to RS-7 (Residential Single-Family/ 7 District). As a result of that amendment, development of the site is subject to compliance with the RS-7 residential property development standards, inclusive of the minimum 100 ft. lot depth requirement described in the Eastlake II (Eastlake I Expansion) Planned Community District Regulations. Lots 18, 19,27,31,32,38, and 39 are slightly deficient in terms of compliance with said lot depth requirement. Staff recommends that prior to the approval of the final subdivision map for Fieldstone Crest appropriate lot line adjustments be made in order for the project to meet the applicable 100 ft. lot depth requirement. (see Condition #27) c. Compliance with Residential Design Guidelines The site plan and architectural approval process is not applicable to projects within the RS district. Compliance with the site plan review requirements and residential design guidelines will be ensured during the building permit review stage. 17,3 Page 4, Item J 7 Meeting Date 12/6/94 FISCAL IMPACT: The project will be required to comply with all of the provisions of the EastLake Greens Public Facilities Financing Plan. All improvement costs of this subdivision are the responsibility of the developer. Attachments I. City Council Resolution 2. Locator 3. Tentative Subdivision Map (PCS-95-01) 4. EastLake Greens SPA Trails Plan 5. Golf Course Trail conceptual development plan 6. Planning Commission Resolution and Minutes N () r So e "l,-J N E () 7 Mitigated Negative Declaration and Mitigation Monitoring Program for IS-94-19 8. Resource Conservation Commission minutes IV (1 r ~ <! '" /II IV E:p 9 Disclosure Statement ;'lor ~~/<1JNEP (m:\home\planning\amyw\pcs95-01.113) 17'( RESOLUTION NO. I??l/'f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR FIELDSTONE CREST, CHULA VISTA TRACT 95-01, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 1. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known as Unit 27 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 9.21 acres located at the southwest comer of Hunte Parkway and Clubhouse Drive within the EastLake Greens Sectional Planning Area of the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 11, 1994 Fieldstone Communities, Inc. ("Developer") and Western Salt Company ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for Fieldstone Crest, Chula Vista Tract 95-01 (known as Document No. on file with the office of the City Clerk) in order to subdivide the Project Site into 43 lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 ("SPA"); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan (AQIP), and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on /7~5 November 24, 1992; and 6) a GDP, SPA, TSM, AQIP and WCP amendment previously approved by City Council Resolution No. 17618 on August 16, 1994; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on November 9, 1994, and voted 6-0 to recommend that the City Council approve the Project in accordance with Resolution PCS-95-01 and based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on December 6, 1994, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on November 9, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered the previously approved Mitigated Negative Declaration on IS-94-19 (known as Document No. C094-180 on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. C094-181 on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a -2- 17- /, significant effect on the environment and thereby readopts the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigated Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby readopted to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the independent judgment of the City of Chula Vista City Council. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Fieldstone Crest, Chula Vista Tract No. 95-01 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The proposed density of 4.3 du/ac is in compliance with the previously approved EastLake Greens SPA Plan density range (0-5 du/ac) for the subject parcel. b. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in -3- 17'7 accordance with the EastLake Greens Public Financing Plan and Development Agreement. The public streets within the subdivision will be designed in accordance with the City design standards and/or requirements. The adjoining street system was designed to handle the anticipated flow of traffic from this and other area proj ects. c. Housing The EastLake Greens SPA Plan area has been conditioned to provide a minimum of 10 % affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. The proposed single-family detached residential housing type is consistent with the EastLake Greens SPA Plan. d. Conservation The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for IS-94-19 addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The project site is located within the EastLake Greens SPA Plan area. The EastLake Greens SPA Plan provides public parks, trails and open space consistent with City policies. The project will implement in part conditions of approval for the EastLake Greens SPA Plan requiring the provision/construction of a golf course trail. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and -4- 17"'1" have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately address the noise policy of the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth, berm, wall, and/or buildings to achieve a 65 dBA noise level for outside private areas. i. Scenic Highway The project site is located along the west side of Hunte Parkway, a designated scenic highway. The project, as conditioned, will be required to provide a landscape buffer in conformance with landform grading and scenic highway principles of the General Plan. j. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community area design and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. -5- /7-f"j D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Mitigated Negative Declaration IS-94-19 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for Eastlake Greens FEIR-86-04and Mitigated Negative Declaration IS-94-19. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of, all portions of IS-94- 19 Mitigation Monitoring and Reporting Program pertaining to the Project. D. Implement previously adopted conditions of approval pertinent to project. Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989 and shall remain in compliance with and implement the terms, conditions and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District Regulations, the Eastlake Greens Development Agreement, -6- I?~ /17 the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. E. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. F. Project Phasing Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map, if phasing is proposed within an individual map or through multiple final maps. The phasing plan shall include: a. A site plan showing the lot lines ~nd lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. b. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditional approval of each final map with requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revisions. IX. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: . -7- /7~// !~V STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 1. Design and construct all streets to meet the City standards for residential streets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 2. Guarantee the construction of all improvements (streets, sewers, Orange Avenue sewer pump station, drainage, utilities, etc) deemed necessary to provide service to the subject subdivision in accordance with City standards. 3. Submit and obtain approval from the Director of Planning and City Engineer for street names. 4. Construct an 8 ft. wide sidewalk for the Golf Course Neighborhood Trail as shown on the Eastlake Greens Trails Plan along Hunte Parkway from So. Greensview Drive to the southerly boundary of Unit 27 5. Develop the golf course trail access corridor parcel (Lot B) and the golf course vista point in accordance with the Golf Course Trail conceptual development plan attached thereto and made a part thereon and construct all improvements indicated thereon concurrently with the improvement of Street A. 6. Provide for the maintenance of the proposed sewer pump station on East Orange Avenue in accordance with Council Policy #570-03 adopted by Resolution 17491 and the Agreement to Provide Sewer Pump Station Maintenance for the Eastlake Greens and amendments thereto. 7. Provide a paved access road, 14' minimum width, to the sewer pump station and grant to the City general utility and access easements over the sewer pump station site and access road. 8. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s). 9. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. -8- 17-/~ /,/ GRADING 10. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 11. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan together with grading plans. 12. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 13. Post bonds or other security acceptable to the City to guarantee completion of the grading of Orange A venue from Hunte Parkway to the westerly boundary of the San Diego Gas and Electric easement. The bonds or security required above shall be in an amount equal to 150% of the grading costs of the alignment of the particular streets for which the bond or security is being posted, or as approved by the City Engineer, as well as the adjacent slopes at a 2: 1 slope and any appurtenant drainage structures required for proper drainage of the graded area. The bonds or security may provide for a reduction in the amount thereof to 110% of the original amount thereof upon approval by the City of the plans for such grading work and to 25 % of the original amount thereof upon substantial completion of such grading work as determined by the City Engineer. AGREEMENTS 14. Enter into an agreement with the City whereby: a. The developer agrees the City may withhold building permits for any units in the subject subdivision if anyone of the following occur: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities andlor services exceed the adopted City threshold standards. b. The developer agrees that the City may withhold building permits for any of the proposed development if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may -9- 17' 13 propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the Planning Director and City Engineer. 15. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 16. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 17. Agree to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 18. Offer to grant in fee to the City on the Final Map open space Lot "A" and "C". The minimum width of Lot "A" and Lot "C" shall be 10 feet. 19. Offer to grant in fee to the Homeowners' Association corridor lot "B". 20. Submit a list of all facilities located <in open space lots to be maintained by the existing Eastlake Open Space District No. 1 This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof -10- 17~J~ 21. Include open space lot "A" and "c" in the EastLake Open Space District No.1. Corridor lot "B" shall be privately maintained. 22. Agree to grant in fee to the City public access easements over paved walkways to Golf Course Trail vista points as approved by the City Engineer and the Director of Parks & Recreation Department. 23. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution R17483 as said terms and conditions may be applicable to this development at such time as said assessment district is formed. 24. Make payment to reduce the debt on the subject property as the result of lower density than assumed for the assessment districts at the time of District formation. The amount of payment is determined by multiplying the difference between the actual and assumed number of units multiplied by the estimated assessment per unit. 25. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $40/unitldistrict to cover costs. 26. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure form for the approval of the City Engineer. MISCELLANEOUS 27. Make the necessary lot line adjustments to bring lot #18, 19,27,31,32,38 and 39 in compliance with the RS-7 district lot depth residential property development standard. 28. Conduct an acoustical analysis to determine site specific noise impacts and mitigation measures prior to issuance of grading permits or construct a noise attenuation wall along the length of the projects' frontage with Hunte Parkway. The design and location of said noise attenuation wall is subject to review and approval by the Director of Planning. -11- 17-/-> 29. Submit a comprehensive wall and fence program(s) for review and approval by the Director of Planning prior to approval of the grading plan and/or Final Map. 30. Suimit a comprehensive landscape plan for Lot A, Band C to the City Landscape Architect for review and approval prior to approval of the grading plan. Submit detailed irrigation plans and water management guidelines for all landscaping in accordance with the Chula Vista Design Manual. The landscaping format for the project shall be in substantial conformance with Section 6.4 (General Landscape Concept) of the Eastlake Greens SPA. 31. Tie the boundary of the subdivision to the California System -Zone VI (1983). 32. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-112 HD floppy disk prior to the approval of each Final Map. X. CODE REQUIREMENT REMINDERS 1. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 2. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 3. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Patticipation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim Pre-SR-125 impact fee (effective January 1, 1995). e. Telegraph Canyon Sewer Pumped Flows Development Impact Fees f. Salt Creek Sewer Basin Development Impact Fee -12- 17-/~ Pay the amount of said fees in effect at the time of issuance of building permits. 4. Install required fire hydrants prior to delivery of any combustible construction materials. 5. Install residential fire sprinkler systems, as deemed necessary by the Fire Marshal. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Xli. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and fIle the same with the County Clerk. XliI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney (f: \home\p1anning\amyw\fieldstn.ccr) -13- 17' 17 ~. ~ " . ~ , PROJECT SITE CHULA VISTA PLANNINC DEPARTMENT LOCAlOR APPLICANT:WESTERN SALT CO. &'YilIfMlI~A'~i .n~TONE MlEST Q) ADDIlUS: INTEIlBCTION OF a.1lmI0UlIE - Request: CoDstructioD .r 40 .ate . IIUNn ,AJlKWAY ramBy dwelliDp at EutIake GftIDI SCALE: FILE NUMIIIl: Vait 27'1?~ jK1 EXHIBIT A NORTH 1" - 400' pes - 95 - 01 I /1- 2../ -, '. ... , ~ , PROJECT SITE CHULA VISTA PLANNING DEPARTMENT LOCATOR APPLICANT:WESTERN SALT CO. PROJIfT DElCRIPW: CREST C!) 5VB MSION: J,.DSTONE ADDRI!I': INTERSECTION OF a.VIIII01lII DR. ReqUest: CoDltnlctioa or 40 .lDale a IItJ!lIn P.uucwA Y ramDy dwelliap at Eutlake GreeDI 'CALE: FILE HUM'ER: Uait 27. NORTH I" - 400' pes - 9S - 01 ~ ) ?~;2LJ , I i ; , i I.i I ~ . ~l ,! .~l! h ;. II ~!~l:1l!i d!~~~f:i ",i~! ; .uln !~Ii:li!!tli I~iel ^ li~~: : .!~~E dl" E:hl~: iili I ~~ 3 h~ "f ih I~ .::.. ~. F.i ~ia' "ii' ~~l! ::, ~ ~ii'II~"~.Dit~ ~~i1I~ab!l. i ~d ill hi I ~ ~ltI ~~~ ~~~~~~~. ~~~~~~:I~!1Il . leH~II~ 1\\~IITl 11ii, i , ill! i ! Ilillllll iiliil iil . i iii '1W !"II !I!.! ;, II" :: I I: If II if II II II II II Ii II II II 11 II II It II :1 II . 11 I I I " I' ~ : : I ~ t II il . I ~ I . .. .. "1 " " or- i: , 0 'I I I I . " . 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PCS-95-0l RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDMSIONMAP FOR FIELDSTONE CREST, CHULA VISTA TRACT 95-01 WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City of Chula Vista on August 11, 1994 by Fieldstone Communities Inc. ("Developer") and Western Salt Company ("Owner"), and WHEREAS, the Owner and Developer requested in said application approval to subdivide Unit 27 of Eastlake Greens Tentative Subdivision Map, Chula Vista Tract 88-3 located at the southwest comer of Hunte Parkway and Clubhouse Drive into 43 lots containing a total of 40 dwelling units ("Project"); and WHEREAS, an Initial Study, IS-94-l9, of possible adverse environmental impacts of the project was previously conducted in conjunction with the amendment to the EastLake IT (EastLake I expansion) General Development Plan, EastLake Greens SPA Plan, EastLake IT (EastLake I Expansion) Planned Community District Regulations, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan and EastLake Greens Master Tentative Subdivision Map (Chula Vista Tract 88-3) and Mitigated Negative Declaration and Mitigation Monitoring Program on IS-94-l9 was adopted by the City Council on August 16, 1994; and WHEREAS, the Environmental Review Coordinator (ERC) has concluded that the proposed project implements and falls under the purview of Mitigated Negative Declaration IS-94-19 and that no new affects could occur and no new mitigation measures are required for PCS-95-0l and recommends readoption of Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Director set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 1,000 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00p.m., November 9, 1994, in the Council Chambers, 276 Fourth Avenue, before the plannil\g Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby readopts Mitigated Negative Declaration IS-94-19 and Mitigation Monitoring Program. -~ /7-)0 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends " that the City Council adopt the attached draft City Council Resolution approving the project in accordance with the fmdings and subject to the conditions contained therein. 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 9th day of November, 1994 by the following vote, to-wit: AYES: Commissioners Fuller, Moot, Ray, Salas, Tarantino, and Tuchscher NOES: None ABSENT: Commissioner Martin (excused) ~~7P/ William C. Tuchscher n, Chairman " ATTEST: y , . ' NanC;~~ley,~ (r: \homelplanninglamyw\pcs9S'()I.pcr) " ~ 7-3/ - - - f'\. r""' r!1 r-- . U""-"""'r"'l'l""'u '" 1'1 [", 'c, , ,r -, ','::J ! I ' t ,.j, . .1,/ W-...J\.;:;;:..- ..I~~ U~,L-.:.;.a 'o:i'u.uw\w-J ~ li-. ' Excerot from Plannim! Commission Minutes of 11/9/94 ITEM 2: PUBUC HEARING: PCS-95-01; CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR FIELDSTONE CREST, CHULA VISTA TRACT 95-01 - Western Salt Company Principal Planner Griffm presented the staff report, noting that the property was part of the EastLake Greens community, parcel R-27, located at the southwest comer of Clubhouse Drive and Hunte Parkway. The project consisted of a 40 lot single-family development, with a project density of 4.3 dwelling units per acre. The project also provided a component of the EastLake Trails program. Staff recommended approval of the project, based on the fIDdings and subject to the conditions listed in the resolution. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. Commissioner Salas asked what kind of housing the 10% minimum affordable housing would be and where it would be distributed within the 40 homes. Mr. Griffm replied there would be no affordable housing in this particular project. The City was working with the Task Force to determine the appropriate locations and numbers for those affordable housing units. Assistant Planning Director Lee stated the areas being considered for affordable units were the landswap area, south of the high school, and along that corridor where densities were higher. This project had one of the lower densities in EastLake. Commissioner Salas surmised that this project did not lend itself to the low income housing, so it would be negotiated into another area. Mr. Lee concurred. The location and the numbers had been discussed with the Task Force, which included representation by homeowners within the EastLake Greens. Commissioner Moot, a member of the Task Force, stated that the 10% requirement was not for each individual subdivision map, but was originally intended to be for the entire EastLake project. Before certain steps in the project could be taken, however, EastLake must begin meeting their criteria. The Task Force had located nine areas within EastLake which they had identified as suitable sites for affordable housing. The site being discussed was not a suitable site, primarily because it had no real public access by public transportation. MSC (RaylFuller) 6-0 (Comm;~oner Martin excused) to approve Resolution PCS-95-01 recommending that the City Council approve the proposed Tentative Subdivision Map in accordance with the draft City Council resolution, based on the f'mdings and subject to the conditions contained therein. 7;7-;1;2.. " - " MITIGATED NEGATIVE DECLARATION 18-94-19 MITIGATION MONITORING AND REPORTING PROGRAM J7~J) r:>.4_f Mitigated Negat.ve Declaratio . . PROJECT NAME: Modification to the EastLake Greens ODPISPA and the fonnation of an Assessment District for various public improvements PROJECT LOCATION: South of Otay Lakes Road bctwccn EastLakc Parkway and Hunte Parkway PROJECT APPLICANT: Eastlake Development Company CASE NO: IS-94-19 DATE: February 28,1994 A. Proiect Settinl! The project site located south of Otay Lakes Road between EastLake Parkway and Hunte Parkway and this general vicinity (Eastlake and Otay Ranch) do not involve any substantial soil or any geotechnical hazards that would impact the proposed project. The project is located within the San Diego air basin which is an air quality non-attainment basin. The project includes a 97 dwelling unit increase because of the expansion in land area of the Greens SPA. This will not result in a substantial increase in emission into the air basin or any substantial degradation in air quality. ..- However, because the increase in the projected units is more than SO, compliance with the City requirement for an Air Quality Improvement Plan must be met. Thus, this less-than- significant impact will be further reduced. The project site involves the Telegraph Canyon Creek, Poggi Canyon Creek and Salt Creek drainage basins. Future regional facilities in these basins may ncc4 additional cumulative capacities to serve the 22.7 additional acres being added to the SPA boundary but the impacts of this project would not be significant. These drainage courses do not enter any potable water sources nor are they a significant source of any ground water. . This property has been used for agricultural purposes for many dcca"oes and is void of any significant vegetation or animal life. The project could affect raptor habitats but given the limited acreage this is not significant. There arc various streets in the project area which have traffic volumes that may rcsu1t n adverse noise levels. Once precise pad elevations Rllative to street elevations arc known, specific mitigation will be identified and implemented. This residential project will not resuh in any significant sources of light or glare. The project as proposed is consistent with the other low-medium densities adjacent to and in the vicinity of the project site and the population levels arc consistent with the project area. Public facilities and services including transportation arc available and adequate to ~'f? the project site and vicinity. :I-'.,;;'.:; ~-=t~l: city of ctIula vlata planning department 01Y Of envlronmenta. review .ectlon OiUlA VISTA / 7~:JLj ~ 151 e Ie Ie ~ The underlying geological strata on the project site possess a high potential for significant paleontological resources. Those areas which have been graded have been monitored and any significant resources recovered. This monitoring will continue in the currently non- graded areas. Mitigation of any potential cultural resources on the project site was previously implemented. . B. Proiect Descrintion General Descrintion The project is an amendment to the adopted Eastlake I General Development Plan (GDP), which includes EastLake Greens; an amendment to the adopted Eastlake Greens SPA. Plan (SPA) and Tentative Tract Map; and the annexation of approximately 23 acres to the City of Chula Vista. The amendments to the GDP and Tentative Tract Map are intended to reflect those changes proposed in the SPA Plan. The changes in the SPA Plan are of the following two categories: 1. Amending the GDP/SPA to include those parcels of the recent Land Swap General Plan Amendment east of the SDG&E transmission easement (expansion of Parcels R-IO, R-20, and R-23 for 97 additional units). 2. Transfers of units within the existing SPA boundary to reflect refmements with no net increase of density. 3. The formation of an Assessment District to (94-1 Eastlake II) for the installation of public facilities to serve the project. Included is Table I, the Adopted Site Utilization Plan and Table 2 which sumnuuizes the proposed residential changes. Descrintion of Land Swan Area Amendment Only those areas east of the transmission easement area included in this amendment The balance of the Land Swap Area (between the Otay Ranch and Eastlake), which was recently the subject of a General Plan Amendment, will be covered by a separate amendment The purpose of including the areas in this prnposcd amendment separately is because they are logical expansions of existing parcels within the EastIake Greens SPA plan. The parcels that are expanded by the recent GPA include Parcels R-I0, R.20 and R- 23. Upon favorable action, these areas are proposed to be annexed to the City of Chula Vista. Following is a clescription of each of these percels: R-IO: The realignment of Qnnge Avenue to the south expanded this percel's boundary. These expanded areas were designated Low- Medium Density on the General Plan. The mid-point of the density range (4.5 dulac) is being proposed. The total increase for this parcel is 79 du (67 du in the Land Swap Area and 12 du in areas previously indicated as Qnnge AvenurJFuture Urban). WPCF:~1736.94 ;;-tt/ / 7 - J~ Paae 2 15~ ~ABLE 1 """ BastLake Greens Site utilization Plan Bxi8tiDg "'iclential x..DCl US. S'tatlstlC11 Parcel Density Acres ~arget ~arget Humber Ranae Dl!nsit:v Uni't.8 Jl,-1 0-5 19.7 2.7 54 R-2 0-5 14.7 2.7 40 R-3 0-5 21.8 3.8 83 R-4 0-5 24.0 4.3 104 R-5 0-5 23.0 4.6 105 R-6 0-5 17.4 5.0 88 R-7 5-15 10.7 6.0 65 R-8 5-15 16.4 5.9 96 R-9 5-15 8.5 5.3 45 R-l0 '5-15 27.9 6.0 167 R-11 5-15 14.6 6.3 92 R-12 5-15 14.3 6.5 93 R-13 5-15 22.6 6.3 142 "'"' R-14 5-15 11.4 7.4 84 R-15 5-15 11.6 7.6 88 R-16 5-15 10.5 7.9 83 R-17 5-15 29.7 7.2 214 R-18 5-15 9.9 8.8 87 R-19 5-15 14.9 10.6 158 R-20 5-15 13.6 12.0 164 R-21 5-15 10.0 12.0 120 R-22 5-15 10.8 13.5 146 R-23 5-15 13.7 15.0 205 R-24 15-25 5.0 10.0 50 R-25 15-25 7.4 10.0 74 R-26* 15-25 13.3 4.5 60 R-27* 25+ 8.9 4.5 40 R-2B* 25+ '.1 ..5 27 '1'OTAL 412.4 ae 2774 clu *Xntera Designation 1 ~7-J? .. . w.BLE 2 "stLalt. Greene site utilization Plan p;o.opoee4 ...idential I.8D4 v.. 8tat1e1:iCII Parcel Deneity Acr.. '1'arg.t '1'arget Incr.... (+) Number Ranere D8n.i~v u"it.. Daera...t-\ .-1 0-5 19.7 2.7 54 0 .-2 0-5 14.7 2.7 40 0 .-3 0-5 21.8 4.7 102 +19 .-4 0-5 24.0 4.3 104 0 .-5 0-5 23.0 4.6 105 0 .-6 5-15 17.4 5.1 88 0 .-7 5-15 10.7 5.6 60 -5 .-8 5-15 16.4 5.9 if 0 .-9* 5-15 8.5 5.3 45 0 R-l0 5-15 45.4 5.4 246 +79 R-11 5-15 14.6 6.0 87 -5 . R-12 5-15 14.3 6.5 93 0 R-13 5-15 22.6 6.3 142 0 R-14 5-15 11.4 7.4 86 +2 R-15 5-15 11.6 6.5 65 -23 R-16 5-15 10.5 7.9 83 0 R-17 5-15 29.7 7.2 214 0 R-18 5-15 9.9 8.8 87 0 R-19 5-15 14.9 10.6 158 0 R-20 5-15 15.7 9.2 153 +11 R-21 5-15 10.0 12.0 120 0 R-22 5-15 10.8 13.1 141 -5 R-23 5-15 15.8 13.5 214 +9 R-24 5-15 5.0 10.0 46 -4 R-25 5-15 7.4 10.0 78 +4 R-26* 5-15 13.3 4.5 60. 0 R-27 0-5 '.9 4.' 44 +4 .-28 !i-1!5 &.1 O.R SO +33 '1'ODL 434.1 ae 6.6 2871 du +t7 .In1:eria DeeiljJD&1:ionl parcel Abject ~ hture SPA A1lendaent 1:0 I:le consistent with the General Plan. . 1-11-94 -I..~ ~-J7-'J7 // I_ t1 -' \- R-20: This parcel is expanded by a 2.1 acre triangle adjacent to the SDG&E easement. The new area is computed at the mid-point of the Low-Medium density range (4.5 dulac). A reduction is proposed for the parcel as a whole to reflect current planning/marketing. """"" R-23: This parcel is identical to the changes for R-20, except that no decrease in the density is proposed. A net increase of 9 lDIits are proposed for this 2.1 acre addition to the SPA. A total increase of 22.7 acres and 97 du are included in these three parcels. Description of Densitv Transfers This amendment includes density transfers within the existing SPA bolDldary to reflect current planning/marketing. These changes do not increase the number of lDIits (2774 du) previously adopted. Following is a summary of the density transfers. Refer also to Table 2 for a composite of both density transfers and additions resulting from the additional Land Swap Areas. Parcel Number DU Increase DU Decrease R-3 +19 R-7 -5 R-ll -5 R-14 +2 """"" R-15 -23 , R-20 -20 R-22 -5 R-24 -4 R-25 +4 R-27 +4 R-28 ill TOTAL +62 -62 Description of Assessment District Work The general description of work to be funded by Assessment District 94-1 consists of the following: I. Street improvements consisting of grading, base, paving, gutter, sidewalk, Itreet lighting and landscaping within the following righ~f-way: a. South Greensview Drive from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase I). b. South Greensview Drive from Silverado Drive to HIDIte Parkway (3,400 L.F., Phase 2). ""'" c. South Greensview Drive from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase 3). 9II'C P:1IIClME\I'lJIII1136.94 -~ I '/- JY/ Pap 3 . . . -- 2. Utilities and underground improvements consisting of potable water facilities, stonn drain facilities, sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, gas facilities, television facilities as appropriate by applicable state and federal statutes within the following rights-of-way: a. South Grecnsview Drive from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase I). b. South Greensview Drive from Silvcrado Drive to Hunte Parkway (3,400 L.F., Phase 2). c. South Grecnsview Drive from Unit 6 entrance to Silvcrado Drive (1,920 L.F., Phase 3). 3. DlF funded street improvements consisting of grading, stonn drain, base, paving, curb, gutter, sidewalk, medians, street lighting, landscaping and street monumentation within the following rights-of-way: a. Hunte Parkway from Clubhouse Drive to South Grecnsview Drive (2,300 L.F., Phase 2). 4. DlF funded street and underground improvements consisting of grading, and stonn drain improvements within the following rights-of-way: a. Hunte Parkway from South Grecnsview to Orange Avenue (1,270 L.F., Phase 2). b. Orange Avenue from Hunte Parkway to the SDG&E easement (3,500 L.F., Phase 2). Discrctionarv Actions Associated (but not limited to) the Proiect Area I. General Development Plan Amendment 2. Sectional Area Plan (SPA) Amendment 3. Modification to the Eastlake Greens Site Utilization Plan 4. Establishment of District 94-1 5. Annexation 6. Tentative Subdivision Map 7. .Design Review c. ComftAt)Dititv with ZoninS! mid Plans The project is consistent with the overall General Plan. The project involves an amendment to the more apecifac land use mgulations of the EastIake Greens General Development Plan (GDP) and Sectional Planning Area Plan (SPA). D. Identification of Environmental Effects An initial ItUdy conducted by the City of Chula Vista (mcluding the attached Environmental Checklist Fonn) detcnnined that the proposed project could have one or wpc,~17:l6.M ~ '7~JI ,.4 l)~ more significant environmental-effects. Subsequent revisions in the project design and/or specific mitigation measures will be implemented to reduce these effects to a level below ""'" significanL With project revisions and/or mitigation, no significant environmental effects will occur, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Specific mitigation measures are set forth in the Mitigation Monitoring Program which is attached as Attachment . A .. The following impacts are those that were determined to be potentially significant and are required to be mitigated to a level below significanL A discussion of each of these potentially significant but mitigatable impacts from the proposed project follows. Acoustics The Initial Study has noted that traffic volume on roadways in and adjacent to the project site could increase ambient noise to an IUUlCceptable level. E. Mitil!ation necessarY to avoid sil!nificant effects Specific project mitigation measures are required to reduce potentially significant environmental impacts identified in the initial study for this project to a level below significant.Mitigation measures have been incorporated into the project design and have been made conditions of project approval, as well as requirements of the attached Mitigation Monitoring Program (Attachment "A"). ""'" At the time of consideration of a Tentative Subdivision Map or Design Review Supplemental Acoustical reports will be prepared for projects adjacent to Chula Vista General Plan Circulation Element Roadways. At that time the precise elevation of roadways and residential development pads will be available. With this information, it will be feasible to make an accurate forecast of noise levels and the appropriate mitigation measures necessary to reduce noise levels to an acceptable 65 exterior dBA (CNEL). These acoustical reports must be based on the latest buildout traffic forecast and must validate the achievement of the 65 exterior dBA (CNEL) standard. F. Consultation I. Individuals and OrlI:anizations City of Chula Vista: Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, 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 ""'" wrc F:IIlOMEIPLANNIIlGoI736.94 ~ /7-1/0 PaceS - - I- Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Gary Cinti Cinti Land Planning 3625 Midway Dr., #292 San Diego, CA 92110 2. Documents Chula Vista General Plan (1989) and EIR (1989) Chula Vista Municipal Code Letter dated February 9, ]994 from Bruce Sloan, Sr. Project Manager, EastLakeDevelopment Co. regarding sewage generation in sewage basins, improvements and fmancing Letter dated February 7, 1994, DeMis C. Bowling, Director Water Resources Division, Rick Engineering Co., regarding the adequacy of drainage systems Letter dated February ]8, ]994, Andy Schlaefli, Vice President Urban Systems Associates, Inc. regarding the adequacy of the Transportation Circulation System 3. ]nitial Studv This environmental determination is based on the attached Initial Study as well as any comments on the Initial Study and this Mitigated Negative Declaration, and reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 9]910. ~:.,- ENVIRO AL REVIEW COORDlNA TOR EN 6 (llev. 5/93) WI'C ,:\lIClNEII'I-'lII73U4 ~~ / 7~'1/ ",6 166 ""'"" Attachment A MITIGATION MONITORING PROGRAM MITIGATION MEASURE At the time of Consideration of a Tentative Subdivision Map or Design Review Supplemental Acoustical Reports will be prepared for projects adjacent to Chula Vista General Plan Circulation Element Roadways. At that time, the precise elevation of roadways and residential development pads will be available. With this information, it will be feasible to make an accurate forecast of noise levels and the appropriate mitigation measures necessary to reduce noise levels to an acceptable 65 exterior dBA (CNEL) standard. MONITORING REOUIREMENT Prior to g~anting a tentative subdivision map or design review approval, a noise study forecasting noise levels and the appropriate measures necessary to reduce noise levels to an ~ acceptable exterior 65 dBA CNEL is required. ""'" ~ /7--LjJ- ,,' /l ca.. l(l - os., ~ $-1 os., I I I I i I PO-l /1IiEA OF DENSIlY TRANSFER . ADDED TO SPA BOUNDARY CHULA VISTA PLANNING DEPARTMENT APPLICANT: Easdake Development Co. PIIOJECT DESCIIIPTION: EASTLAKE GREENS General Development Plan Amendment and SPA Amendment ADDIIElA: HO lADe Avo.e ICALE: NO SCALE FILE NUMBEII: 18-94-19 ~~/ ~ 17- - Case No. 15-94-19 """" APPENDIX I ENVIRONMENTAL CRECKUST FORM (To Be Completed By Lead Agency) Backvound 1. Name of Proponent: Il^"~tlake DevelO1)ment Co. 2. Address and Phone Number of Proponent: 900 Lane Ave.. Suite 100. OIuIa Vista. CA 91913 3. Date of Checklist: Febroarv 24. 1994 4. Name of Proposal: _Eastlake Greens GDP/sPA Amendment S. Initial Study Number: JS-94-19 Environmental Impacts 1. Earth. Will the proposal result in: m. MAYBE lill a. Unstable earth conditions or changes in geologic substtuClUreS? 0 0 . """" b. Disruptions, displacements, compaction or overcovering of the soil? 0 . 0 c. Change in topography or ground surface relief features? 0 . C d. 1be 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? C . C f. Changes in deposition or erosion of beach sands. or changes in siltation. deposition or erosion which may modify the channel of . river or IbUm or the bed of the ocean or any bay. inlet or lake? 0 0 . I. Exposure of people or I"u~ to geologic bIzIrds such as eIl1hquabs. ......u"""', mud slides. ground faihn. or similar bIzIrds? 0 0 . '1 ~ /7 -L/'/ Pa&e 7 WC__CN~ . g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? o o . Comments: The project is proposed for an urbanizing area of eastern Chula Vista. There have no fmding of significant problems in the areas of geology soils or erosion. Generalized and more specific substantiation of the geotechnical and soil suitability of the project site is in the City of Chula Vista General Plan FEIR (1989), EastLake FEIR (1982), EastLake SPA I FEIR (1985), Eastlake Greens SPA &. EastLake Trails Prezone &. Annexation FSEIR (1989), and Otay Ranch FPEIR (1993), and other more specific geological and soils reports on file with the City of Chula Vista Public Works Departtnent, Engineering Division. There will be some modification of existing topography, however, this is considered very minor and not significant given the lack of any significant topographic features. 2. Air. Will the proposal result in: xes MAYBE ~ a. Substantial air emissions or deterioration of ambient air quality? o o o o . . b. The creation of objectionable odors? . c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? o o . Comments: The San Diego air basin is a non-attainment air basin. The proposed project would result in an increase of 97 units within the Eastlake Greens SPA. The emissions from the traffic and energy generation associated with this project is not significant when considering the overall generation of emissions. On a cumulative basis, the emissions from this project are so minimal they are not cumulatively significant. 3. Water. Will the Proposal result in: xes MAYBE ~ a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? 0 0 . b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? 0 . 0 . c. Alterations to the course or flow or flood waters? 0 0 . WI'C P:IIIOME11'1.ANN1NGII'IJ6.M ~ 17~'1~ Pap 8 l(p~ , - e. Discharge into surface waters. or any 1 alteration of surface water quality. including but not limited to temperature. dissolved oxygen or tUJbidity? C C . f. Alteration of the direc:lion or rate of flow of ground waters? C C . g. Qange in the quantity of ground waters. either through direct additions or withdrawals. or through interception of an aquifer by cuts or excavations? C C . h. Substantial reduction in the 1JD0unt of water otherwise available for public water supplies? C C . L Exposure of people or property to water related hazards such as flooding or tidal waves? C C . Comments: The project site and vicinity do not involve any affected marine or fresh water areas. flood ""'" waters, water bodies, or known ground water. There will be a minor change in absorption rate which will result in minor-Iess-than-significant change in 11IIloff (see letter from Dennis C. Bowling dated 2(1194). 4. Plant Life. Will the proposal result in: m MAYBE ~ L Change in the diversity of species. or number of any species of plants (U1cluding trees. shrubs, grass. crops. and aquatic plants)? C C . b. Reduction of the numbers of any unique. rare or endangered species of plants? C C . c. Inttoduction of new species of plants into into an area, or in a baJrier to the normal seplenishment of existing species? C C . d. Reduction in acreage of any agricu1tural crop? C C . ~ts: ~ The project site has been used for qricu1tural1"".v<*S for decades and portions are now graded i1nd some areas have been developed (transfer area). This aeneral area is used as Raptor territory. however. with cmIy a 22.7 acre increase in SPA~. tbisis not siplificlnL MC~CN'/M.M -~ /7-1/6 .... 9 . s. ADimal Life. Will die proposal result in: m w. YBE J:iQ. Clange in die diversity of species. or L numbers Of lilY species of lllimals (birds. land animals including reptiles. fish IIId IheIlfish. benthic cqanisms or insects)'? C C . b. Reduction of die numbers of lilY unique. rare or endangered species of lllimals'? C C . c. Introduction of new species of animals into III area, or result in a barrier to die migration or movement of 1IIima1s'? C C . d. Deterioration to existing fish or wildlife habitat'? C C . Conunents: The project site has been used for agricu1tura1 purposes for decades IDd portions lie now paded IIId some ceas have been developed (tranSfer mea). This pneral mea is used as Raptor territory. however. with only a 22.7 ICre increase in SPA size. Ibis is not aignificlllt. . 6. Noise. Will the proposal result in: m&In ~ L Increases in existing noise levels'? C C . b. Exposure of people to severe noise levels'? C . C Conunents: Traffic volumes on roadways in and lIdjacent to die project site could increase IIDbient noise to III unacceptable level. At die time of c:onsiderIdon of a Tentative Subdivision Map or Design Review. supplementa11COUStica1 ~ will be prepced for projects lIdjacent to OIuIa Vista General Plan Circulation EJement Roadways. At that time die precise e1evltion of rolIdways IIId residential development pads. With Ibis information it will be feasible to make III ICCUrIIe forecast of DOise levels IIld the -p!"vt4- mitigation measures ..-sary to nduce aoise levels IIld the IIWlV)I'llate mitialtion measures necess~ to Jeduce aoise IeveJs to III .IX~ 6S aterior dBA (CNEL). These ICOIISdcal teparts must be bued OIl the Illest buiJdoat II'Iffic forecast IIld must valid.,.. the achievement of the 6S emrior dBA (CHEL) ..wrd. . w.e~- -~J7-V7 ..... 10 I~' 7. Llpt and Glare. Will me proposal produce new light or g1are? m. MAYBE m o 0 . """" Comments: This is primarily. residential project that will nol produce lilY significant new light or g1are. If there are lilY unique sources proposed or established, 1hey will be =gu]a1ed through me performance standards in 1he Municipal Code. 8. Land Use. Will me proposal result in . substantiall1teration of me present or planned land use of III area? m. ~YBE m o 0 . Comments: The proposed project is in . planned community which is intema1ly CCIlSistent that assures land use compatibility. The project expansion areas are within logical boundaries (the SDG&E tranSmission lines IIId East Orange Avenue). The overall external compatibility has been assured through coordination with me Idjac:ent Olay Ranch, Olay Water District facilities IIId SR 125 a1ignmenL 9. Natural Resources. Will the proposal =sult in: m. MAYBE 1iQ .. Ine=ase in me rate of use of lilY natural resources? o o . ""'" . Comments: There are no other natura1 resources such IS sllld IIId gravel on site which would be impacted by me proposed project. 10. Risk of Upset. Will me proposal involve: m~m .. A risk or III explosion or me rdease or hazardous substances (including. but not limited to oil. pesticides, d1emicals or llIdiation) in 1he event of III accident or upset conditions? o o . b. Possible in~n.....ce with 11\ en_....cy response plan or an err_....acy evlCUation plan? o o . Comments: Given 1he laidential charactel or 1he project there will be DO involvement or hazardous materials above that typical or . residentia11and use. The project will provide adequate circulation in 1he case or the need for 11\ ev......tion or response plan. ""'" WI'C_lN7J6.114 -~ /7--J/~ r.,eu l- 11. Population. Wi1llhe proposal alter lhe location distribution. density. or growth rale of 1he human population or an area'? ~ MAYBE 1iQ c c . Comments: The distribution. density and growth of housing and population in this project are con~ctent with planning for this area. 12. HousIDI. Wil1lhe proposal affect existing housing. or create a demand for additional bousing'? ~ MAYBE Jm c c . Comments: The distribution. density and growth of housing and population in this project are consistent with planning for this areL The project will satisfy rather 1han create housing demands in this area. 13. Transportation/Circulation. Wi1l1he proposal result in: ~ ~YBE Jm L Generation of substantial additional - vehicular movement'? C C . b. Effects on existing parking facilities. or demand for new parking'? C C . c. Substantial impact upon existing uansportation systems'? C C . d. Alterations to present patterns of circulation or movement of people and/or goods'? C C . e. Alterations to waterborne. rail or air traffic'? C C . f. Increase in traffic bIZards to motor vebicles. bicyclists or pedestrians1 C C . I. A "lar&e project" under 1he Conpstion Management Program1 (An equivalent of 2400 or more avenae daily vehicJe trips or 200 or IIlOIe peak-boor yebjcle trips). C C . ~ts: - The project will not result in lilY signifiClDt impac:t to . (- memo from Harold Rosenbq. Traffic Engineer. dIted 2121194. IIId Jetter from Andy Sc:blaefIi. Vice President, lJIban Systems Associ.-. cIIIed 2118194). TIIC~O\I- ~-~ /7-i1 ..... 12 U/p 14. Public Services. Will the proposal have III effect upon or result in a need for new or altered '1 lovemmental services in any of the followinl areas: ( m. MAYBE liQ L Fn protection' See page 6 of Appendix m of the C C . Initial Study (City Data Sheet-Fn Dept.) and 161bresholds L Fire/EMS below. b. Police protection' See comments in Olula Vista Police Dept. Crime Prevention Unit, PlIII Review recommendation dated 2/4194 IlId 16 Thresholds b. C C . c. Schools' EastLake Development Co. has made the Eastlake projects participate in Community Facilities Districts in the Sweetwater Union High School District, and the Chula Vista Elementary School District to provide adequate school services in the area. [] [] . d. Parks or other recreational facilities? The project will be reqund to provide adequate community IIId neighborhood parks to serve the population of the project. See Initial Study, Appendix m. Parks &. Recreation Dept., page 7. Also see 19 Recreation below. [] [] . """'\ e. Libraries' The City of Olula Vista currently operates a library at the campus of the Eastlalce High School during the hours the school library is not in operation. On a longer term basis. there is a requnment for a library site at Eastlake Village IIId a development impact fee to finance the facility. [] C . f. Maintenlllce of public facilities. including roads? There will be no substantial or unique impact on the maintenance of J!U: public facility as a resuh of the minimal increase in usage due to this project. C C . I. Other aovernmental services' Other pemmentaI aaencies were notified and contacted durinS the Initial Study; DO other potential impacts were identified. C ,C . 15. EDeI'IY. Will the I"uposal resuh in: m ~YBE liQ L Use of substantial amount of fuel or enefJY? C C . ~ WI'C P.'8lNEII'LAIINOII_ ~ ../ /750 .... 13 . I . . b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy'? o o . Comments: The project would result in a minor increase in energy requirements typical of a primarily JeSidential project. This will DOt lUuIt in a substantial use of fuel or energy nor new sources of energy. 16. Tbresholds. Will the proposal adversely impact the City's 'lbftShold Standards'? m ~YBE m o 0 . Comments: As described below, the proposed project does Dot adversely impact any of the seven Threshold Standards. A. FirelEMS The Threshold Standards JeqUi%es that fire IIId medical Wlits must be able to ftSJlOI1d to calls within 7 minutes or less in 85" of the cases IIId within 5 minutes or less in 75" of the cases. The City of Clula Vista has indicated that this thftShold stIIIdard will be met, since the nearest fire station is one mile away IIId would be associated with a 3 minute response time. The proposed project wID comply with this 'lbftShold Standard. See Appendix m to the Initial Study, page 16. B. Police c. The 'lbftShold Standards require that police units must IUpOI\d to 84" of Priority 1 calls within 7 minutes or less IIId maintain III avenae response time to all Priority 1 calls of 4.5 minutes or less. Police units must _pond to 62.1~ of Priority 2 calls within 7 minutes or less IIId maintain III avmae response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this 'lbftShold Standard. See comments in Clula Vista Police Department Clime 1\c;....diCll UDit, Plan Review Recommendation dated '1J4I94. Traffic 1be 'lbftShold Standards hotuR that all hdw.ecdons - vri- . a Level of Service (LOS) "C" or beaer, with the a~ that level of Service (LOS) "I)" may occur durin. the peak two boun of the clay .1ipIIUzed irdeIlectioas. Jntenoctioos west of I-8OS ~ Dot to oJ-. . a LOS below their 1987 LOS. No IDIenection may reach LOS "E" or "P" during the average weekday peak hour. Jntenectioos of IJt8ria]s with freeway ramps ~ exempted from this StIIIdanL 1be I"oposed project will comply with this 'lbftShold Standard. WIC_~7JU4 -" ~ /1-5'/ ...i.c ~'IJ i , , ( The project will not result in any significant impact to t1'IIISpOItItionlcircu1ation/tra (see memo from Harold Rosenberg. Traffic Engineer. dated 2121194. and letter from Andy Schlaefli. Vice President, Urban Systems Associ....... dated 2118194). D. par.ks,lRecreation '""" The Threshold Standard for Parts and Recreation is 3 a:resIl.ooo populalion. The proposed project will comply with this Threshold Standard. The project will be required to provide ldequate community and neighborhood parks to lelVe the population of the project. E. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Inclividual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. See letter from Dennis C. Bowling. Director Water Resources Division,m Rick Engineering, dated 2f1194.; memo from Roger Daoust, Sr. Civil Engineer. dated 2123/94. F. Sewer '""" The Threshold Standards teqUire that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. See letter from Bruce Sloan. Sr. Project Manager. Eastlake Development Co.. dated 219194; memo from Roger Daoust. Sr. Civn Engineer. dated 2123/94. G. Water The Threshold Standards teqUire thIlldequate storage, tIeIItIIIent, and lIIIISIllission facilities Ire construeted concurrently with planned powth and thIl water quality Itandards Ire not jeopardized during powth and CIllIlStnICdOD. The ..........,...d project will comply with this Threshold Standard. Applicants may also be required to participPt.. in wbIlever water c:aftservaDon or fee off-set program the City of Qm1a Vista bu in eft'ect . die time ofl1uilding permit iIsuance. 17. HUmaD Health. Will the proposal result in: m }{A YBE tiQ. '""" L Creation of any bealth hazard or potential bealth hazard (excluding mentIl health'? c c . WI'C__OII"'-'" ~ ) 7-:5;2- ....15 I- I- - " . b. Exposure of people to potcnIial health hazards? o o . Comments: The project site nor the operation of the project would JeSuIt in lilY sipificant health hazard or III exposure to such a hazard. Please refer to metenCeS in .1 above. 18. Aesthetics. Will the proposal result in: m. 11" YBE tiQ. L The obstruction of lilY scenic vista or view open to the public. or will the proposal JeSuIt in the aeation of III aesthetically offensive site open to public view? o o o o . . b. The destruction, or modification of a scenic route? Comments: The project will not obstruct lilY public view or vistas. aeate lilY demonstrable negative aesthetic effect or. at this level of review. impact a scenic route. 19. Recreation. Will the proposal result in III impact upon the quality or quantity of existing recreational opponunities? m. ~YBE tiQ. o o . Comments: The project will be required to meet the recreational needs of its residents in ICCOrdance with City park stlDdards which include recreational facility stlDdards. 20. Cultural Resources. m. J4A YBE tiQ. L Will the proposal JeSuIt in the a1teJation of or the destruction or a prehistoric or historic archaeological site? Will the J'loJlOSll JeSuIt in Idverse physical or aesthetic effects to a prdlistoric or historic building. 1trUCtUre. CII' object? Does the pa~ have the poteDtial to CIIJSe a physical change which would afFect unique ethnic cuItural values? Will the J'lupOSal resuict existing Je1jgious or acred uses within the potential impIct uea? o o . o 0 . b. o '0 . c. c 0 . d. WK~- ~ -/7-:>3 hie 16 1/)1" f tv e. . Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? . ~ c c Comments: See Section 5.2.3 (pg. 5-3) of EIR0:86-4 (Sth: 86052803). 21. Paleontoloeic:al Resources. Will the proposallalllt in the alteration of or the destruction of paleontological resOlUtes? . m JdAYBE 1!Q c c . Comments: See Section 4.7 (pg. 4-75) of EIR-86-4 (Sch: 860S22803). 22. MaDdatory FmdiD&5 or SipificaDce, m MAYBE m a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant animal or eliminate important examples or the major periods of California history or prehistory? c ~ c . Comments: As has been noted above in this checklist, the site is void of any biological resOlUteS and therefore, would have DO significant impact on any of these resOlUteS. Cultural resources (prehistoric and historic) have been previously mitigated and no fmther action is necessary. 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 . relatively brief, definitive period of time. while long-term impacts will endure well into the future.) c c . Commertts: The l"uposed project conform to the Cwla Vista General P1In IIld Iherefore. the project complies with the long term goals of the City of OluIa Vista for the site. 1 -~/7-,~i .....17 WJC~CN7J6.M (. '. ,. c. Does the project have impacts which are individually limited. but c:umu1atively considerable? (A project may impact two or more separate resources where the impact on each resource is selatively small. but wheJe the effect of the total of those impacts on the environment is sJanlficant.) c c . Comments: The project impacts are ao limited to Jnclude lilY IiPficant c:amulative impact. In die case of air quality impacts. the incJease of 97 units. or a maximum of 970 ADT. compared to the existing. and approved units and ADT, the impact is minimal and less thin aipifk:ant. Also. the site is void of any significant biological or c:uJtural resoun:es and paleontological resources will be fully mitigated. d. Does the project have environmental effects which will cause substantial adverse effects on human beings. either directly or indiIectly? c c . Comments: At the time of consideration of a Tentative Subdivision Map or Desip Review.lUpplemental acoustical IepOrts will be psepared for projects adjacent to Caula Vista General Plan Circulation Element Roadways. At that time the psecise elevation ofroad-ys and Jesidential development pads. With this infonnation it will be feasible to make 11\ accunte forecast of noise levels and the appropriate mitigation measUJeS necessary to reduce noise levels and the appropriate mitigation measUJeS necessary to reduce noise levels to an acceptable 6S exterior dBA (CNEL). These acoustical seports must be based on the latest buildout traffic forecast and must validate the achievement of the 6S exterior dBA (CNEL) atandard. WfCJIIIIII V"IUJlMlNllII- /"" ~7-5/ "'18 11~ '. Mitiption Measures 1 (To be comp1e~ by the Applicant) I. IS owner/owner in escrow. 13Iwc! N. S<.o~1\I SR. ""~()-:r hklt EIIs"rl,J(Jd 7>Er/ a" Print name or I. c:oasultant or agent. ~~............._.."...__. Z Jt./,) je;f' Signature Dare Determination (To be comple~ by the Lead Agency. Cleek one box only.) ~ On 1he basis of this initial evaluation: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be pzepared. . I find that although the proposed project could have a significant effect on the environment. there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find the proposed project MAY have a significant effect OIl the environment, and an ENVIRONMENTAL IMPACT REPORT is zequired. A/~cICj'/ ~ J()~.:..JI-Ir." V'J1I2,,:.y L EnvironmenulilReview ~or . Dare "'If actinl few . corpoI8Iion. incl1/de caplCity IIId company 1IlIIIIe. 1 WfC P:8lNIiII'lNlNIG\l7H.M ~; 7-:4 ....19 '. .. ,. Case No. -:r~- '9 '-I - \11 APPENDIX n DE MINIMIS FEE DETERMINATION (Ciapter 1706. Statutes of 1990 . AB 3158) . 11 is hereby found that this project involves DO pot-tial for lilY adverse etJec:t. either individually or cumulatively 01\ wildlife JeSOUlCe5 IIICI 1bat . "Certificate of fee Exemption" Ihall be prepll'ed for this project. 11 is hereby found that this project could potentially impact wiJdlife. individually or cumulatively and therefme fee in ICCOlI1ance with Section 711.4 (d) of the fish and Game Code Ihall be paid to the County Clerk. ~_..s-.e ~cl ~e.:>'~s.1o..>." ~~~ ->1... ~,~ ~Cf'o ~Lc>."<:: GI.~ ~'" ~~;)~e~~", 9\0.(\. ~ fi';./('ie"')~) Environmental Revi w Coordmator ~~'i-/c, Y Date WI'C JI!tIONNlNIIGMOII'IIUl ./ ~ /7-S? .....20 / ,-1t'; - . \ - Case No. I&-Q'i-I'l 1 APPENDIX OJ CITY DATA SHEET PLANNING DEPARTMENT L D. ,pment Zoninl! on lite: -Y c.. Nonh . South II East " West ~ (~_..~:~ .1 ,. II " m. Does die projea confonn to die cumnt zonlni'1-f:t.::.~""'" .iet--~ "J~ p-ll')on ""'... ~~ ~_~~= - :9.F.~.~i,..~~~~ ~{~~~ South . East .::4.w _ ~ -elf.. -,..---......"1 A.... A_ 7.... ~ ~3 -(. Dv I~") West _.. ';''r. I, " It ~;fd....... ... , ~~ Is the project compatible with the General Plan Land Use DiapIm'1 ---t1 ~ - Is the project area designated for conservation or open space .!~ Idjacent to 11\ .. 10 desiJnated? 1 ~.1Jt' . ae -- Is the project located adjacent to illY lcenic routes? ,.. ~.~ (II",~ .... to. c .. ........ ... ""'" ...,., "... ;-~Z:::~~~'::_j.;ft'- ~chools If the proposed project is residentilJ. please complete die followini: IV. StudeIIIS tJDIlS GeDeradDa 0eDera1ed ~ebool pftleltv ~l1ment ~ed Faettn 1'mm Proieet 1'--''"')' ,..a.J*"~' - - #17 .30 2." IlIIIIorHi&h ~aI~~ .'..29 ~v IIaIar HiP ~tt L- ., 7 . .10 .0 vd~~ ;:!: ~!~.:; ~~ J,.,~~-~JJ 1 JJ-(_riJ!.:{., ~,j~ Diftc&or of ilnnini or RemIen~Ye J) I :: -~J7-~~ _._-- .~-_.- _,__ MJ 1M,...,.., 11tM..) .... I # - APPUCATlON CANNOT BE ACCEPTED UNLESS SITE PLAN IS FOLDED TO m rnTO AN 8.1/2 X 11 FOLDER ?~:~~ ( · INITIAL STUDY ~~t. City of OIuIa Vista p~)'~~:~ ....... App1ic:ltion Ponn~S~~*:i~~t)""'. A. BACKGROUND : '~I,tbl~~ N~~. .'.; :~,;;../ ...:.:...y ...,\:/:.7 1. Project Title Eastlake Greens GDP/SPA Amendment ..).-.."..A.'."...""".... 2. ' Project Localion (Sueet IIddress or descriplion)East of SR-125, North of Orange Ave, South of Otay Lakes Rd./ ~elegraph Canyon Rd., and West of Hunte Parkway. Assesson Book, Page &t Pared No. NA 3. Brief Project Description ~he project is a transfer of D.V. within the existing Eastlake Greens SPA (no net increase) and an eXpan5~gn gf the SPA boundary (22.7 ac and 97 du).Refer to attached project oescri! 4. Name of Applicant Eastlake Development Company Address 900 Lane Ave., Ste. 100 Fax. 421 ~1830 Phone 421-0127 City Chub Vista. State CA 23p 91913 5. Name of Preparer/Agent Gary Cint! - Cint! Land Planning Address 3625 Midway Dr., '292 Fax. 223-5108 Phone 223-7408 City San Diego State CA 23p 9211'0 Relation to Applicant Land planning Consultant 6. Jndicale all permits or approvals IIId enclOSIUeS or documents required by the Environmental Review Coordinator. I. 0' L Pennits or approvals required. _ 0eaeraI Plan AmeMft\CIlt .JL R=lDtIPrezone _ Gndin& Permit _ TeDlalive Pucci Map _ Site Plan a: An:IL Review __ Special U. Pennit 1 Dcslp Review AppIlc:atioll X TcDlIlive Subd. Map _~'''''l Aprw;y OPA _ Redevelopn-t Apq DDA __ Public Project .:,L AlIIltw"looI _ SpecifIC Plan _ Calditioall Use Permit _ VariIDce ~ CoIstal Devclapncnt ~ Olbcr PI:lnDit stlP o SA' If project is . General Plan Amendment lIIdIor 1VlIOll6. please indi-dIe c:banF in delipIllan from 10 . Enclosw:es or documents (as required by die EnviroP",",l Review CoozdiDator). b. . _ QndInI Plan I _~...MaP. . _ Plan _ Speclflc Plan _ TnlfIC ImpIcl Report _ Hufardous Waste AI. .1..1 ..eat _ Arch. EIevallons ~ Plans = TcDlIlive SubcLMap _1mp.0VClI'IlIlIIl Plans Soill Report -~ - - - I 7 -5'9 _ H)'droIoJical Stud)' _ BIoIoaIcaI Stud)' _ ArdIleoIoJIc:aI Stud)' _ NoiIe All r r "ICIIt _ Olbcr Aprw:y PI:lnDit ~Olbcr Project oescript1 of7'$ . " B. PROPOSED PROJECf / J. a. 161.4 Land Area: square footage or ~e .85~ 2 . . If land area to be dedicated, State acreage ~d JlII?>OSe. . """" (amend. arec.. (SPA area) b. Does the project involve the c:onsuuc:tion of neW lluiJdings, or wiJJ existing ItrUcture be ~? Yes, see Project Description. 2. Complete Ibis 1CCti0n. if project is raidential or mixed use. X Complete Ibis 1CCti0n if project is c:ommercial or industri~ or mixed ,_. a. Type(s) of land use b. Floor ~ Heiibt of ICnICtUres(s) Co Type of COllstruCtion used in the Ilruc:ture j. k. L a. Type of deveJop~ Single Family __Two Family ~MuJd Family _ Townhouse _ Condominium . . Total number Of strUctures 2871 residential du permitttel! ~umbdghlof~ varies per P.C. District Regulations Number of Units: J bedroom ....IiA- 2 bedroom ....IiA- 3 bedroom ....IiA- :4 bedroom .JiA.... Total Units m!. Gross density (DU/tataJ acres) ~.. Net density (DU/totalacres minUS Cly dedication) 6. 6 Eai",.ted project population to be determined Estimated uJe or mntaJ price rante to be determined Square footaBe of StJUctwe to be determined . . Percent of lot c:overage by buildings or struclures per P .C: Regulations Number of on-site parking spaces to be provided Der P.C. Requlations Percent of site in road Cld paved surface f:o be determined """'" b. c. d. e. f. ,. h. i d. Describe ~.x:ess points to the IlrUc:tuns 8Dd die cP..t-'iOll III ~ propel1ies and~ e. f. ,. NIIIIlber of on-site parldn,lpICllS provided Estimated Dumber of emplo)'eeS per shift Number of shifts Total ~ed Dumber of C!lSlomers (per day) ~ bISis of estimate """ -4d,~ 17-bt/ Wl'QF.-':"r~lI2I_cw.~cw.Im.n) C"li Hours of operation Type of exterior lishlinB ~ . If projca is other than rer~ti.' , commercial 01' Industrial comp1ece dais sec:don. .. .. Type of project . h. i (e j. .k. L Estimated number of deliveries per day Estimated range of service area and basis of eStimate TypelCX1ent.of operations Dot in enc:1osed buiIdinp b. Type of ncititi-:s provided c. Square feet of CIIclosed structures d. Height of Itnlcture(s) - maximum e. Ultimate occupancy load of project f. Number of on-site parting spaces to be provided g. Square feet of road and paved IW'faces h. Additional p~jca dlancteristics ,e C. PROJECr CHARACTERISTICS 1. Will the project be requ~ to obtain . permit through the Air PoDution Caatrol Dislrict (APCD)? No. " Is any type of padir\B or excaYltioD of Ibe JW~ -ntleipaIed? Yes, basel! on future If yes. coinplete ~ foU~g: . 8Uba11 ttaJ.8_ .. Exel.Jding CIalChcs to be IlIctfiUed. bow IIIIIIY cubic yards of earth wm be excavated? NA How many cubic yards of fill wiD be p1lced? NA , . Co. How aaucb area (sq. ft. 01' 1CI'eS) will be JI'Ided? WhIt will be the: ~ depch of QIt NA . Avenae depch.of QIt ftA Maximam,deplh of fill ftA Avenae depch offill ftA 2. b. d. e' ftA . -,~ J7.-~/ .~. a_-nAlD...,.,~.....~.....cw.......... 19J~ Pace' , ( ( 3. Describe all energy consuming devices which are pan of the proposed project and the type of energy used (air conditioning, electrical appliance. heating equipment. etc.) """\ Nnrm~' r~~id~ntial enerav use. 4. JndicaIe the amount of IWUral open 'JIIC6that is pan of .the project (sq. ft. or -=res) None. 5. If the project will JaUlt in any employment opportwWies describe die IIItUle and type of these . jo~. Construction related jobs. 6. W"111 hi&hJy flammable or potentially explosive awerials or lU~ces -be used or IlOt'ed within the project .ite? NA 1. How many estimated lutomobile trips. per day. will be poerated by die project? None in excess of those addressed in previous EIR. ~. ~ , Describe ('If any) off-site improvements ~FIII)' to imp~ die project. and their points of access or COIlIlCClion to the project site. Improvements i1lclude but DOlIimitecI to the follo~ins: DeW atreelS; street ~idening; extension of ps, eleCtric. and aewc:r liDes; cut and f111 .lopes; and ~strian and bicycle facilities. None in excess of those previously ' identified for EastLake Greens.. lreff!!r t:~ RA.~T.Ak~ t:,.~tI!!n.l)];'PP). D. ,DESCRIPTION OF ENVIRONMENTAL SmlNG 1. . ~lol!V Has . aeolOi)' ltIIdy been conducaed 01'1 die propeny? Yes, .ee Bastlake Greens EIR. (If )eS. please attach) Has llOils report 01'1 the project .ite been made? Yes. .e. Bastlakti Greens EIR. (If )eS, please attach) 2. HvdrolQIrV Are any of the following feabm:s puunt 01'1 or adjacent to the ,ite? (If )'eS, explain in detaiL) L. fa there any aurface evidence of. abalJow pound WISer table? No. ,~ '""'\ . ~ J7--t>.J-. 'QC:r. J~.ININ1'aIIIN02J..uJ CIIl' .....) CIW. 11Z2.I'J) ....... . . . b. Aze there any Walercounes or drainage improvements on or Idjacent to the site? In Dreviously approved fa~ilities. Does nmoff from the project site drain direaly in to or toward . domestic Walel" supply, lake, reservoir or bay? No. Could drain.,e from the site cause erosion or siltation to IIdjacent areas? Potential exists but would be mitigated by conditions to %uture T.T. map , . besaibe III drainage facUities to be provided Ind their location. '1'0 be determined Jbv future submittals and previously approved tract map. c. d. e. 3. J'loise L ke there any noise IClWtleI in die project vicinity which may impact the project site? No. Future arterials aay impact .ome areas. Will noise from the project imp8Cl any sensitive receptors (hospitals. schools. lingle- family residences)? No, b. 4. ,Biolol!V L b. Does the lite involve any Coastal S.,e Sc:tUb vesetaUon? No. Is the project site in . nat\I1'Il or pania1\y nat\I1'Il ~e? No. If yes, has . biologica1 survey been conducted on the property? Yes x No (Please .ttadu COPY.)Refet to previous EIR. Describe all trees and vegetation 01\ the sile. Indicate location, beighl, diameter, and species of trees, and which (if any) will be ~moved by the project. .8, te is semi- developed with remnants of previous dry farming cattle grazing on.the rema1n~er, c. d. S. Past Use of the Land L ke there any known bistoric:al or archeological reaoun:es Ice lled 01\ ar near the project site? No. b. . Aze there any known pa1eonloloJica1 reiowces? No. Co Have there been any bIzanIous IIIIteriaIs disposed of ar Illnd on or: near the project site? No. . d. What was the land previoualy aaed fOJ'J Dry farming/Cattle vraz1ng -~ /7-[j} I S1r 1il'l::F.l~'II02I..\.t.ItW._VICW I_VI Poae 5 6. Current Land Use a. Describe all structures and land uses cumntly existing on the project site. **See answer below** "'"" b. Describe all structures and land uses cwrently existing on adjacent property. North Eastlake Business Center' S~ Vacant Otay Ranch - Future development ~ Vacant - Future Eastlake Neighborhoods lV~ Eastlake High SChool/Community Park and Future aeve!opmer 7. Social ..- .'--- _l.I_._ ~o.Jle on parcels proposed f9r aniincrease L no.. - any .........ag on sue? If 10, bow many! --1n un _ ts . b. Am chere any current employmeat opponunities on site? No. If 10, how many and what type? 8. Please provide any other information whicb may assist in the evaluation of the p.vpos.,d project. Sites have been fully evaluated in Eastlake Greens SPA ErR and recent General Plan Amendment ErR for Land Swap areas. See also attached Project Description for add1t10na! aa~a. """'" **Answer to 6(a): Construction/structures exists on approx. one-half of EastLake Green~. Parcels proposed for amend- ment with eXisting structures are only being amended to reflect existing conditions with no increase in units. . """" -Y' J7~&t( 1iI'CI.l-'~0lI-A." Cllot -"i cw IClZ2.tJI IUei E. CERTIFICATION (e I. . fJWMZ/owoer in escrow. ...~lA~@ oDevelODment Company ~ruee ~loan. Proiect Manager Print name or I. consultant or Igent. Print name " HEREBY AFfIRM. 1bIt to the best of my belief. the statements and informadon herein c:auained m in aD , e ftSpedS true IIld comet and dill all known infomlllion conceminl the project and its lettinl bas been included in Ibis applicllion for an Initial Study of possible environmental impact and any enclosures for attachments thereto. ~ Owner/Owner in Escrow SiJnature or ~ or Aaent SipIlme if ,d'ltf , , Date . .Jf ICting for . coqlomion. include ClplCity and company name. _y J7~t~ WPClP.IIIl'''_~IOUIN-cw. ~cw....1 . lbf ...' INITIAL STUDY PROCESSING AGREEMENT NIme or Applicant: Eastlalte Development Company ~ 900 Lane Ave., Ste. 100 City: Chula Vista SIaIe CA NIme 01 AadIorized Rcp1lsenlAIive Cd' 1i1JllllOlY): llrnee Sloan Addn:ss: Qnn T.ant:!! AVA a st:~ 100 City 1"').",,' A ".. ef-II Stale CA Apement Date: Deposit Amount S 7 5 0 . 00 . Pbone 421-0127 Zip 91913 Phone ~"-O"7 Zip 91913 1bis Apement r Ai-~nent' beh.een Ihe City 01 0luIa Vista. a c:IIInend mlllllclpal CIIIpllrIIion rCity") IIId Ihe forenamed applicant for "III Initial Study r AwJi;ant..}. eft'ec:tive as 01 tIie A,nleolleul Du let b1h ailcm. ""1IIItIe with reference to Ihe folJowinl faclS: Whereas, the AppUcant bas applied to Ihe City for III InitiaJ Study or Ihe type afonrefCl'el.c:ecl rlnitial Study' which lhe City bas required to be obtained as a llOIldition to pamiUinl the Applicant to develop a parcel of I"",-'ly; and, Whereas, the City wiIIlnc:ur expenses in order to process IlIid Initial Study duoulh Ihe vmous depanments and befere the VlriOllS bolIrds and commissions or the City ("Fo....-b'1 Services,; and, Whereas, the purpose or this qreement is to reimbune the City for all apellleS it will Rill' in connection with providinl the Frocessinl Services; Now, lhercfore, Ihe plIltics do bcreby acree. In exchanle for the mutu:ll promlles IInln CXlntaincd, as follows: L Applicant's Duty to Pay. Tbe AppUcant sha1I pay all or Ihe City', expenses Incumd In provIdinJ Ploccadn, Service reIIItod lO 1PP1ic:ant's Initial Study,lnc:1udinC all of Ihe City's direct IIId ovahead COltS IeIaIed Ihereco. 'I1Iis duty 01 Ihe Applicant IhaII be referred to baein IS Ihe -Applicant's Duty to Pay,- A. Applicant', Deposit Duty As partilII perf_ or the AppIic:ant', Duty lO Pay,Ibe AppIkantaau depoIIt Ihe_t afcrereferencecl rDeposit"), 1. 1be City sha1I c:hlqe lis lawful apenIeS Jac.....cI1n pnMd!n11'nlcesslr.a Scnices . apinst Ihe Applicant', DeposiL U, af. Ihe CIOIICIUIion olp.~., the Applicant's 1Ri1ial Study, lilY ponIon ollhe Deposit RlIIIIII!Is.Ihe City sIIaU.... aIcI""- ICO 10 Ihe Applicant wItbout 1ntaeIt.--. If. 6Irin& Ihe proceuil" oldie 1\ppIieIm',1nitial Study, Ihe 8IIIOlIIIt oldie DeposIt bcco... flIhausted. or is taunIneDIIy liteIy 10 becoIlIe ahausled In Ihe opinion 01 the City,lIpOlIlICIllce 01_ by Ibe City,dIe ~u-.t" sIIaU rorthwlth .....YIde 8UCh .sditlonlll deposit as Ihe City sIIaU ~......... as - ..bIy II( .," 10 -mue 10 I""YIde ~" . oJ ScrvIc:es. 'I1Ie duty oldie AfIpI;"""t lO lnitQIIy deposit IIId 10 IUppIemeat said deposit . IIIn:In IIqUind IIlIII be bowII as the - App\icant', Deposit Duty-. D. City', Duty ne City shall. lIpOlI tile concIition lhaIlhe AppIicInt is not In IlradI ollhe AppIkant', Duty 10 Pay or Ihe Applicant', Deposit Duty. .. JOOCI faith to p.oYlde pill J 'J',ICIVices In nIItion to Ihe .vP'ica'll',lnitial Study application. _ ~ / 7 ~& ? . WPQp.'f~r ~cw ...... ca.r. ....., m.L ,";.,; - Pa&e. '1 ""'" """\ '. . The City shall have no liability hereunder 10 the Applicant for the faillll'e 10 process the Applicant's Initial Study application, or for failure 10 process the Applicant's JnitiaI Study within the time 6ame requested by the AppUcant or estimated by the City, B, By uecution of this....... the AppIic:antlhlll haw 110 d.... to direct or otherwise Influence the CIlllIcIuct of the JnitiaI Study for which the IppIicant .. Ipplied. 1he City IhIII _ Its diIcretlon ill 0VIIuItlna tbe AJlpIWou'.1IIItIaI Stud)' 1W'~"'~"1 witboat nprd 10 tbe AppIlcant's pumiIe to JIIIY for tbe f'a. L '''1 Scnlcea. ar tbe -.-'00 of tbe Ap'eement. A. ( DL Remedies A. ~.lnq of f'aocessin& ID aM;,1oR 10 a11111ber ri&hts IIId ._. 14ier wbleIa tbe CiIy aIIIII otbeI wile haw II IIw ar equity. tbe City .. the ri&bt 10 .wpe.id II.WJ/or witbboId tbe P. , ., of tbe IIIItIaI.Study whIcb l: the IUbjectlllllllcr or this Apemen\, II MIl II tbe laitial Study wlliclllIIlIY be tbe IUbject II\Dller of lilY otber Pvmk wbich Applicant hIS bcflR the City. B, CivU Collection ID 1dditi0ll1O all other ri&bts IIId remedies which the City aIIaII otherwiJe IIaYe all law or equity, the City bas the riaht to coUect all _ whIcb Ire ar IIIlIY become clue IIenundet by civillClion, IIId upon lnstitutinllitiptiOll to coUcct -. tbe pmalIina part)' aIIaII be ",,;,1o.cJ to I'IllIIDIIlIble attorney's fees bad costs. . IV. NiIceIIaneous A. Notices All notices. demands or requests ~ for or permlaed 10 be 11_ ........ 10 this Apement lIIust be in wlltinl. All notices. demlIncIs and requests 10 be _tlO lilY pII1y aIIaII be cIcemed 10 1Ia", been pvperIy &1- or aerved If pentlIllIIly aerved ar depoIIted ill the UnIted States 1IIlIiI, ICWR III d 10 aucb pII1y, postaae pnpald. re&isteled ar certified. with ncum receipt requested, II tbe IddIesses Identif"ICd IIIIF'-t to tbe alalllllllla of the pIIIia ...... ..."" B. OoveminaLawNcnue This Aanemcnt ahaII be aovemed by IIId CIIIIlIIrUOd ill ~~ with the Lawa of the SlIIle of California. ItIIy IClion 1rialn118ldet ar nIatin& 10 lhla ApleII.cnt aIlaII be lIrou&ht only ill tbe fedeIaI or .. couru Iat:ated ill SIll Die&o County. .. of Califomia, IIId If Ippllclble, the City of 0wIa Vista, or. cIoIe lheNto. poaIbIe. Venue for IbIa ...[[~.1IId perfOl1lllll" 1IerwncIer, aIIaII be the City of OIu1a Villa. C. Multiple SipIllIries If there Ire IIIlJItlpIe aipIIOriea 10 IbIa ........ .. bcIlaJf of AppIic:Mt. .. of.. aIplIlo'ics IIIaII be joIIIt1y ..slMlllly liable for tbe pedi:l. "I of ~lr-". dutleI... .. fanh. D. SlautorY Authority 1he Iipatory 10 this...__ bereby "1j.....1IId ...... III"" It II the duly deaiplllld IpIIl for tbe Appllc:lntllld hIS been tIuIy IUlhariIed by the AppIic:IIC 10 aecate lhla AJreement ClII behlIIf of the AppIIcInt, Sipatory aIlaII be ..-oy IiIbIe for AppIa..I" Duty 10 Pay IIId AppIiclInt'. Duty to DepoIItln the IWlIIIt __ been Aoltbu.Wd 10 .-Ie tIlIa ..........t by the AppIicanL . - ~ /7-/'7 1QIQPlfD I8IUJIIDCNI'OItIlN02J-4U lilt ..... cw. ...) .....' 16( , . """\ E. Hold Harmless Applicant Iha1l defend, indemnify and hold harmless the City, Its elected IIId Ipp(linted officen 8IId employees, from ud apinst all claims for damqes, liability. COlt IIId gpeue (lllCludlng wilhout limitation attorneys' fees) Wing out oI'Jllocesslng AppUcant',1nIIla1 Study, acept only for those dlIims lrising Clam the IDle JleI1i8ence or IOIe wiUlul CO"d.Jel 01' die City. incurred by Ihe City, Its otrlCCl'S, ..IS, or employees in defaldin& Ipinst IIICh daimI, wbelhcr the llIIIIe pl'oc:eed 10 judgement or IlOt. Funher. die Applicant, .. Its OMI apelllC, Iha1I, lIJlllII written nquest by lhe City, defend any IIICh IUit or IlClion llnlught aplnst die City,Its officen, aaenls. or employees. Applicant', indemDIfcation oldie City IhaII be limiled by any prior or lUblequent dec:IIration by the AppUcant. F, AdooIiodIntiw CIaimI ~ mSl'nIcecIureI. No IUit or aIbIntiCll\ Iha11 be llnluglu ariIlng out ollhil__......1pinst the Clly tintea a claim bas first been presented in writingllld fi1ed with the City 01' 0w1a Villa and acted upon by the City or Chula Vista in accordance with die proc:ecLn$ aet forth in 0lapIer 1.34 oldie CbuIa Villa Municipal Code. as llIIIIe may from time to time be amended, die poviIiolII or which ~ Inco. polllted by the raerence as If fully let forth herein, and IUCh po1kielllld procedures used by the City in die ImplemenllltiCll\ (If -. Upon NqUeIl by the City, die AJlp1icant Iha11 meet and confer in good faith with die aty for die .....i"* 01' ftlIOIvlng any dilpute over die Ienns 01' this ApeemenL Now, iheraore, the parties bemo.l!avlng read and \IIIdentood the terms and conditionI or this qreement, do IIereby apras their consent 10 the Ienns bereoI' by aetting their hlInd herelo Cll\ die dale let forth adjacent thereto. .,""" City City or CbuIa Vista 216 Fourth AYelluc :~~ Dated: 1/" /1'f , I Bruce Sloan, pro,ect Mqr. Eastlake Development Company Applicant (or authorized representatiw) By: By. Dated: '""" ~~ J?/k-7 D._In . "e . . \ . 11IE CITY OF CHULA VISTA DISCLOSURE STATEMENT Scpt~\ of discloswe of cenaiD OWDCnbip iDlensu, pI)'IIICIIlS. or campaip CIODlributIoJIs, 011 all DIIIIen which wI1J require discrIlioaary 1Cli0ll OIIlbe pan of tbc Cil)' COUIIcil, PIamIiD& C........1nlon, IDCIIII olber official bodies. 1be followiD& illfonlllliOllIDllSl ~ disclosed: J. UIllbe _ of all penOIIS Iaave. -"";1I1111aat ill lbe~. i.e.,~, IUbeonlraClor, .~ IlIpplier. R~~~lAk@ b&velonment COmDany 2. If &II)' perIOIIldaIlified pullUlllllO (I) above II . -JNIIlioa or ,.,_.J\\p, lilt die ..... of III IDdMduala 0WIIiD& IIIlm dIaD 10" of Ibe __ ill Ibe _.....odIoD or 0WIIiD& &II)' pan..c..wp IDlaest ill die partllenhip. .T r: Iln-=.wt=lo 1 , 3. If any penoIl idaIlificd pumllllllO (I) above is ~f1t orpaizItIOD or . aust. iist lbe _ of &II)' perIOII acrvlD& as director of lbe _.profit orptIizIliOII or as lrUSUe or beDeflCilZy or lrUSUe of lbe tnISt. 'N~ 4. Have you bad more dIaD S2SO wonb of .,...1_. ~-cd with &II)' -"'Ie of lbe City Ilatr, Boards, Commiulons. CommIuees IDCI CouIlClI wlIhiD lbe past rwelve 1DODths? No , 5. PIcue ideDtlfy each IDCI evay penoIl, 1DcIudiD& &II)' qetIlS, ClIIpIoyees, -',-. or iIIllcrcadent CIOZItrIlClOrS who youlaave asslJDcd to ~ you before Ibe City ill Ihis maner. ~nh SAntos. Kent Aden. Bruce Sloan, Katy Wright 6. Have you fIJ4Ior your oIIlcas or qetIlS. ill Ibe fIII'IPlC, ~1IIlm dIaD $1,000 10 . CoImel1 IIIeIDber ill lbe cumat or to ..,tl'lJ -'-1No pIriod? v. [ J No Ie) If,..,... wIIIc:b CouIlCII -l'eI(s): . ............ II: ._ W." I..... ~"".jo/III_ If I" ................. .'J . . .... . _. __-"-,It ..............................,-.........,. 'l ...................... ..... .........._ _ ... .......... CI'DIE: ............ . ..... '71 ~_pr DItc: ...~l.k. Develoament ~mp8ny / 7 -- t. c:; PriIIl or rype - of ~'appliclat -~.. .yCb !..... Ys -5" I Case No.;J:~ -'1"'-("( INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION ""'\ 1 prainal!e A. b Ihe J'TOject site within a flood plain'? tJo. If so, SWe which FEMA Floodway Frequency Boundary. ~14 . B. What is the location and description of Wsting on-site drainage facilities'?$V~~.e ':c.cW 7Z ~WM~.A.J.Jb CrrY ~..M/tnJII ~~/U~""'~'~I!:. CY~ C. Are they adequate to serve the project'? Llo. If not, please explain briefly. ~.,..~/- ~,FtG 'I'J>"--I&lA;o.~ 'MP~~~odS w,u. 'PJ! "''''~/~~'' WII~ 1)&'.-JMlAA.A.....,.,- ""'/.1 tJ>C_ D. What is the location and description of existing off.site drainage facilities'? ..,.." ~/'~A PU /'AJ..1~1'Vt.l "..#e~ ~&2:. "A.IV~ ;-~~ ANb ~L.-r '..I.r.", I ~ E. Are they adequate to serve the project'? No. If not, please explain briefly. .FF/';'~L. IMl!IfU>o/".~e.~ MAY .... IJE"-~"y - IN "'nIE.. :Alu::r..~ t!M.Jy-.J AIJD ....... r ;' ..II__c ~^'~ AS 'r-.:oI., -' ''''''rr """" /'V L-/.J6L . n. ~1~1~'" .; \ TranStlol'lation AAJ NA~ "Tt> -ntl! 7f',t.F,.,c. $1't.Oy lip.. 'Tff! JiiI.~ &A~.f$. SPA E.1R..':'!tu..._. UtJ;;U1R!D(""~ IH~tsc. Ifol T'TJII.FFu;. GP fU;;r7e>AI ~ A. What roads provide pnmary access to the proJect'? ~ ~ B. What is the estimated number of one.way auto trips to be &enerated by Ihe project (per daY)'?) . c. What are the Average Daily TraffIC (AD.T.) volumes 011 dIe,primary KCeSS lOads befcn and liter project completion'? Sneet Name Bercn Afw Do any or these volumes aClltd die City's LeveJ-of.Service (L.O.s.) .C' desisn AnT volume'? If yes, please specify. ""'" ~_"(JII'laaU))(JII'I~ /'7- ? {/ .1&12 . . (. . . YS-setl' Case No.p;..q4-fttI If the A.D.T. or L.O.S. "COO design volume is unknown or not applicable. explain briefly. .D. Are the primary ICCe$S toads adeAlUlle to serve the project7 If not. please explain briefly. E. Would the project create IWCCCptable Levels of Service (LOS) It intmections adjacent to or in the vicinity of the project site7 If so. identify: Location Cumulative L.O.S. Is the proposed project a "large project" under the Congestion Management Program7 (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). If yes. a Traffic Impact Analysis (TIA) will be required. In this case the TIA will have to demonstrate that the project will not create 11\ unmitigatable adverse impact. or that ~-" all related traffic impacts are not mitigated to a level of non-signifICance. Yes No F. The following questions apply if a TraffIC Impact Analysis is not required. G. Is traffic mitigation required to reduce traffic impacu that willlCSuh from implementation of the proposed project7 Yes No If yes, please describe. H. Is the project ~ with the c:ritcria established in the City's TrInsportItion Pbasing Plan. General Plan Traff'IC Element, IIId aU other pertinent UI15c 1II)(Iu.,7 Please ..Aimee illY other traff'IC impact III)(IU.I for roadwa)' IegmentI that -)' be impac:ted by Ibe poposed project. No 1 J. Is . traff'IC 1tUd)' required7 Is there Ill)' dedic:atiCII required1 If lO;pJease specif)'. Yes -~ wc~mtS~.lal""""Id.JJ) / 7-- 7/ ...,. 3 rqD . YS-9tl Cue No. :t~ -tf1f-(1 K. Is there any street widening required? ){ so, please ~cify. """\ L. Are there any other street improvements required? ){ so, please specify the pneral namre of the DeCeSSary improvements. M. Will the project and related public improvements provide IltisflCtory traffic lerVice for existing conditions and future buildout General Plan conditions? (pJeue provide a ~f explanation). m. ~ IV. A. Are there any anticipated adverse geotechnica1 conditions on the project site? lJN~w.J. B. ){ yes, spec!fy these conditions. ~A . C. Is a Soils Repon necessary? Y6'~ E:)((S-r-II.Jt.:.. SOl IA 2~ MIJs-r--- [)tDI.~ NJtJ/~ AMe&z,et> -rr> IIJ4LJtIt!f! Tl(-E M.eI\S J..and Fonn N./A . RZc~~ ~ ~ N'f:1I'r:> 7Z> TIlE: EX'sr/~ I ~eT:1 SPA. , A. What is the average natural slope of the site? B. What is the maximum natural slope of the site? V. ~ Are there any uaffic-re1ated noise levels impacting the site that are sipUficant CIloush to justify that a noise analysis be required of the applicant? I~/U-''''~'' , . AfJ. AU e"~' ~IA"'" IT'" ~ TI# S'F'.-\ ~/~ .IJDI$e ~ V5t5 WI'L B/!. ~/Iler> . VL y.'aste Generation How much solid and liquid (sewer) waste wiD be pnc:nad by Ibe ...0J-0CI poject per day? Solid 2.~ 1'LJ'>>J~ ~. nAY Ade~ -ruE ~1""'Mr, ~I!I---"'~ CPA Uquid.;&-~f:)Q.1'IQo.{6 _.12. 7:l4Y(!~:J.'S eblJc)6v~ 'f1I6 Q"(.nN4.~~~. WIw is the location and size of aistin& sewer Jines an or dowDItream fram dle .7 I!;. 'AIU ~L.la.1~ ,.... ..er~i1Ia-""~ ,r.t.arvnAl Iwra.v I~~ .. ..,., ~ ..I,. 12" J'IIL:... W-..~ f I L..I&Jr&! IAJ e:~~ ....WWA"I ,.". /f€, ~...~ -nwror; 'AJ.'~U-\IJ~Ll- fIfI.JJIAJ~ u/il.( ~ \\~~~~~~~~~~ ' tfj 1'\'" SOt ~J 'E!lv(~I'f""~__fC. AMI!W~=-' ~ -nIE "f"'IJrL!.1U#W &.t.NJMl 1If6l,.{ tr fJ~ NJO ~ ~~f.~~J~~-. ~N Pt.AAJ kif" ~ ~U'''~..../ 7~ 7J-. . _D. eVD. e Ys-er ( CaseNo.~ Nitional Pollutant Dischan!e Elimination SYStem CNPDE~) Stormwater Reauirements Will the applicant be required to file a Notice of Intent with the SWe Waw Resources Control Board for coveraae under an NPDES Stormwater Pennit? YF-~. . If yes,lpCcify which NPDES permit(s) ~ explain why III NPDES permit is required. AIoJ Nf"ty$- .~f?"'tT' rn, ~"7xDulAl~.Jt. 'n,~.U."<i:._ J.!i6t'>r",,.-n:;o,, WI'r"H 1'..~V>r"I~ ~c...,.,a/rn~c ~ ~~,.,.- I~ ~'Jrf.~ 8#"--'Lr,~e "",~ ~/f/I!!!.. ~~a:c. W,u ..... T>/O-U/l! ,., A#olt'> "If.p:/"~_-nRI!!!.. 9W~~ TJt#t:VIII:,~EJ&."'" K.. p.,b-DI==A I..LI'~b ~I'JAAAIII:JAJ _-AU ~ rv:=1/eJ.IDLf~,.,...-.~.a::: & Will a Storm Water Pollution Prevention Plan (SWPPP) be required for the proposed project? 'k Yes No Additional comments IJ.~ . ,Remarks Please identify and discuss any remaining pmentialldverse impacts, mitigation measures, or other issues. 13+E A-PPL-'~""'- ~ A'-~A1I!I::' Jrsr..~.""",-r ~~IL:."- ,::.,... .r"~l~ ~ VUAI It: lu~~AA'~. ~hlq~ - . , ~ , /7-7;3 ~ 1:(1/ ....' wtCI':11C' FlUIlIlII'CNIOUImIS U 1Il1.Rl cw -"'1 " . Case No. IS ,'14-1'1 ""'"' FIRE DEPARTMENT A. What is the distance 10 the nearest fire station'1 a4 whirls the rue Deplnment', eatimated lUCtion time? ~D sf. ~ ~ m\n. f'l- n ~i 0"" +i VV\t) : .. W1ll1he Fire ~ment be able 10 provide .. 8dcqUlle level of fire ...~~iO'l for the proposed facility without .. increase In equipment or pmClllllel'1 ~ of'..s. C. Remarks l.l oD f' """\ ~. ~fU.t,,1J../ F' Marshal o,/r;o/q'f Dale . . . . ~ -~ 17-71 - . - - -. .-..... .... 6 - - CaseNo.~ I __ARKS AND RECREATION DEPARTMENT Ie Ie A. Is project subject to PlI'ks IIld Recreation Thmhold nquirements? _Yji:S. If Dot, please explain. :B. How many ICftS of putlInd Ire DOCts,.~ to Ierve the J"ujlOS&d project? "\0 ~ . t'P~~ oJ ~~ kplit4C1C. C,(ZI~I"" Ale aistin. DCiibbarhood 8IId ~ pII'ks _ die project 8dequate to RIVe die population iDcIease nsuJdn. fnlm Ibis project? NeiJhboJbood ~ Community PlI'ks '" O. If not, Ire pll'klInd dedications or other miti.ltion proposed u pan of dle project 8d~ulte to serve the population increase7 Neighborhood 'Y,"!S' Community PlI'ks "'\ ~ To meet City nquimnents, will appliClllt be nquired to: Provide land7 'rit-S Pay a fee7 'r~r. Remll'ks: c. D. E. f. . . . - ..-::,. ~'-l.O' ~ l~-- , ... .~1 ,'~ - .. IIld Rlcnadon Direclar CII' Rqnr -t';ve ~..:r."tcr- Date ~ --- 17 - ?.5 leIif' ",7 _....___ .___-.._,........~ tm,__~......., . Cue No. 15-q'H~ " LANDSCAPE PLANNING A. Does the project affect native plant conununities'1 If' 50, please identify which communities. ~ WiD the project require native plantina'1 (please describe) ~ r~_:t~ -ftMe. . .B. Please identify any important or biihly visible hillsides ClII or IdjlCelll to die project. ~ What landscapin, conditions (if any) wiD be requimS for 1hese hillsides'1 . """'\ C. Of the total area to be developed, how much. and which IreIS are e~ to be ftplanted and ftquire supplemental waterina'1 (please desc:ribe). E. Aze Ibm any other landscape requirements or mitipdon for the project'1 M . . . . , ~ ~ ~sw~;rve ~ J7-Jt/ "H~ ~. '. ROUTING FOR.M DME: January 18, 1994 I , , , I I , i i"-. . I'~~ '~ i ~~. SU&1EC'l' : .. ~n r.er.on, ,.uJ.ldJ.ni 6 Houdni: ';TOM L1ppitt, ~gJ.neer1ng (EIR only) C11~~ SWanson, Eng1neering (EIR only) Hal Ro.enberg, Eng1neer1ng (EIR only) RQier Daou.t, Engineedng (IS/3, EIR/2) Richard Rudol~, Ant City Attorney (Dra~t ".g Dec 6 EIR) Carol Gov., 1'1re Department . Harty Scbm1dt, Parks , Recreat10n cdme prevenUon, Po11c. Department (H.J. D10.dado) currant Planning Duane Bazzel, Advance Plann1ng Bob Sennett, c1ty Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kat. Shurson sweetwater Union H.S. D1strict, ~om Silva (IS' EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Dratt EIR - It annexation j. 1nvolv.d) Other Doug Reid Env1ronmental Sact10n App11cation ~or Initial Study (IS- 94-1WFA-~/DQ 060 ) Cbeckpdnt Dratt EIR (20 days) (EIR-_/I'S-_/DQ ) Rev1aw o~ a Dratt EIR (EIR- /FS- IDP ) Rev1aw o~ Env1ronmental Rev1.w Record (FC- EM- ) Rev1a... o~ Dr.tt lIag Dec (IS- IFA- /DQ- ) !l'b. Proj.ct cond.t. o~: An amendment to the EastLake Greens General Development Plan and Sectional Area Plan which would result in: 1. The transfer of units within the existing boundaries of East Lake Greens to refine densities with no net increase in the existing proposal density and 2. The addition of 22.7 acres to EastLake Greens development with an additional 97 dwelling units. Pl.... revj.... th. document .n by, 02-01-94 . J c..,---~ Ii- c2- -r/,{ -),~ - ~~ J7-7~.~)<- ,J.z,I. ~ .- -^-- . I couent. : d to .. any COJDent. you b.v. , . ROUTING FORM .., DATB: January 18, 1994 to: Ken Larson, BuIldIng , HousIng John LIppitt, Bnglneering (BIR only) Clltt Swanson, Bngineering (BIR only) Hal Rosenberg, Bngineering (BIR only) Roger Daoust, Bngineering (IS/3, BIR/2) Richard Rudolt, As.t CIty Attorn.y (Dratt Neg Dec , BIR) Carol Gove, FIr. Departm.nt Harty Schmidt, P.rks , RecreatIon CrIme PreventIon, Police Department (H.J. Dlo.d.do) r.:urrent Planning' - .~ane Bazzel, Advance PlannIng Bob Sennett, City Landscape Architect Bob LeIter, Planning Director Chul. Vista Blementary school District, K.te Shurson ~ Sweetwater Union H.S. District, Tom Silva (IS' BIR) Maureen Roeber, Library (Final BIR) LAFCO (IS/Dratt BIR - It .nnexation is involved) Other """. FROM: Doug Reid Bnvlronmental SectIon SUBJBCT: ApplIcation tor Initial Study (IS- 94-19IFA-~/DO 060 ) Ch.ckprint Dr.tt EIR (20 days) (BIR-_/FB-_/DO ) Review ot . Dratt EIR (BIR-_IFB-_IDP) Review ot Bnvironmental Review Record (FC-_BRR-____) Revi.w ot Dratt Heg Dec (IS- IFA- 100- ) "h. proj.ct consist. ot: An amendment to the EastLake Greens General Development Plan and Sectional Area Plan which would result in: 1. The transfer of units within the existing boundaries of East Lake Greens to refine densities with no net increase in the existing proposal density and 2. The addition of 22.7 acres to EastLake Greens development with an additional 97 dwelling units. Pl.... r.vi.w the docum.nt and torward to me any comm.nts you h.v. by 02-01-94 Comments: ."'1'"fff \,A~<, ~ ~ l>\.4.\~c9..a..P. , ~d1 ~ t ~';)"'-~ ~ ~Q.L.(fpo.f'~ ....0 ~~ 4 ~1 cR..v .--~~ J) ~ ~ Qv-,. ) 7- 7 ){ . """"\ . ( . . ROUTING FORM DA~B: January 18. 1994 fa: ~en Larson, Building , Housing John Lippitt, Bngineering (BIR only) Clitt Swanson, Bngineering (EIR only) Hal Rosenberg, Bngineering (EIR only) Roger Daoust, Bngineering (15/3, BIR/2) Richard Rudolt, ABst City Attorney (Dratt Neg Dec , BIR) Carol Gove, Tire Department Marty Schmidt, Parks , Recreation Crime Prevention, police Department (M.J. Diosdado) current Planning Duane Bazzel, Advance Planning 9Ol> .lfl'lff.n, ei~Y"",."'_ AryhH.~tJ )lob LeHer, Planning 1>ir.ctor --..".-- . Chula Vista Elementary School District, ~ate Shurson # Sweetwater union H.S. District, ~om Silva (IS , BIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Dratt EIR - It annexation is involved) other FROM: Doug Reid Environmental Section SUBJB~: Application tor Initial Study (IS- 94-1~FA-~/DQ 060 ) Checkprint Dratt EIR (20 days) (EIR-_IFB-_IDO ) Review ot a Dr.tt EIR (EIR-_ITB-_IDP) Review ot Environmental Review Record (FC- ERR-____) Review ot Dr.tt Neg Dec (15- IFA- /DQ- ) !'h. proj.ct consi.ts ot: An amendment to the EastLake Greens General Development Plan and Sectional Area Plan which would result in: 1. The transfer of units within the existing boundaries of East Lake Greens to refine densities with no net increase in the existing proposal density and 2. The addition of 22.7 acres to EastLake Greens development with an additional 97 dwelling units. Pl.... r.vi.w the document .nd torward to II. any eOl/llll8nt. you h.v. by 02-01-94 . co...nt. : ~ ~\~~r /7/77 CHULA VISTA POLICE DEPARTMENT CRIME PREVENTION UNIT ......" ( PLAN REVIEW RECOMMENDATIONS . - . .. ~. . ... ..:.- DATE: t-....~ ~ /qqJ./: TO: ~ k..e;...J DM..t,l!.- P~n n v.~ VIA: ~~,'"P~......,4ht/. y,v. FROM: ')'l14~ ~ ( 5C!-fJS PROJECT: :J.':;), q.<( -/ 9 Q~d. "E-~L.J-^- BJ~ ~u.v..JL ?.Lt..... _ The Criine Prevention tJnit does not have my comments regarding this project at this time. _ Information on the project, or within the plans. does not provide enough detail to permit crime prevention analysis. 15L Please forward the following infonnation to the Crime Prevention Unit when available. ~ ~ Elevations Floor Plans L Landscape md Ughting Plans -..J:Q.. Site Development Plans Comments: t?J 'IIt...c f"J.A~* 7'r~.R- V A/,/./Jt'': /UJ CnnmsvrZv ~ Y-I...e. G~ ..p~-" t?~ oP--/HI,/AWrI: >4) ~ .l~n4.J ,"./. tK4A'_ lP..J.M..d Yzf4--' dtl"7~ , ......" cc: Brookover, SCA _~ /7-rO O'IID .... ""'" . . e DATE: TO: FROM: SUBJEcr: MEMORANDUM February I, 1994 Doug Reid Environmental Review Coordinator Duane E. Bazze~ Principal Planner Initial Study for EastLake Greens GDP/SPA Amendment (IS-94-19) The Advance Planning Division appreciates the opportunity to comment on the proposed project identified above. From an environmental analysis ltandpoint it appears that the EastLake Greens EIR and Addendum lufficiently addressed the proposed density transfers within EastLake Greens. The proposed transfer of units are occurring under the umbrella of the originally-approved EastLake Greens SPA and Tentative Map (2,774 units), therefore, unless there are lignificant lhifts in unit locations it would appear that the original EIR adequately addresses the transfers. It should not be forgotten, however, that as a condition of approval of a recent GP amendment to Parcel 26 of the Greens (GPA-93-04), the City Council re-enacted the affordable housing requirement for the Greens (deferred with the Tentative Map approval) and directed Itaff to work with a task force to develop rt\("L\I'I'Imendations by July of this year on how to handle the low and moderate income housing within this project. This direction from Council included the consideration of any density transfers neces,,1)' to achieve the housing requirement. It does not appear that the proposed density transfers are lignificant enough to impact the task force efforts, but nevertheless, these efforts should be considered prior to approving any SPA amendment. Tbe 97 units to be annexed and added to the Greens have only been analyzed at a General Plan level (within the Otay Ranch Program EIR) and not at the detail necelsarywith a GDP and/or SF A. This needs to be taken iDto consideration when anaJyziDa potential environmental impacts. Additionally, project-level analyIiI needs to be coordinated with the I"nmm1JDity pls..,ni'1g Division of the pltonni'1! Depanment (Otay Ranch SF A Team) on the illue of land use and "-iv iDtelface with East Oranae Avenue and dons on the adjacent Otay Ranch. cc:: Ken Lee Steve Griffin Amy Wolfe c.r"~) ~ /7~YI , . ~ MEMORANDUM \ Pebruary 1, 1994 Pile # YS-591 PROM: SUBJECT : Doug Reid, Bnvironmental Coordinator Clifford L. Swanson, Deputy PUblic Works Director~~ City Engineer ~ Harold Rosenberg, City Traffic Bnginee~ Eastlake Greens General Development and Sectional Area Plans Amendment TO: VIA: In response to your concern regarding our transportation comment in the subject initial study application, the following paragraph should be added to Section VII of the application. Previous traffic studies have shown that the circulation system plan prior to the construction of SR125 does not have sufficient capacity to absorb additional trips beyond those trips accounted for in the approved maps including the approved Eastlake Greens. Thus the Eastlake Greens proposed expanded development project will have to be limited to the number of trips identified in the approved project EIR traffic study. However, the applicant may wish to perform a supplemental traffic study to examine possibilities of expanding the City's circulation system (e.i. extension of E. Orange Avenue between I-80S and Eastlake Greens) to provide the needed capacity. A reference to the City's interim SR-125 financial study (HNTB study) and improvement scheduling are a critical element of the study. ~ ZAO:rb cc: Roger Daoust, Senior Civil angineer (P, .....'____\'ftAPPlC'__.UO) ~ -~ /7-F:J- , ,. MEMORANDUM February 21, 1994 File # YS-SS 1 FROM: SUBJECT: Doug Reid, Environmental Coordinator Clifford L. Swanson, Deputy Public Works Directort. V City Engineer r Harold Rosenberg, Traffic Engin-(] / ,~ .~'''~.:,J. Eastlake Greens GDP/SPA Amendment Traffic Study (lS-937"1 ~ TO: VIA: I have reviewed the attached traffic impact report by Urban Systems dated February 18, 1994 and fmd it to be acceptable. The new trips from the added 97 units to the Eastlake Greens . approved units of 2774 have no significant impact on the City's circulation system. I ZAO:dv Attachment .---.\DAJl1lICIDI'SlUZAO . -~/?-V " . URBAN SYSTEMS A.JSOCIATES, INC. "-. 7lwI'IC &00_. '" J!lo.G' fIrC.s:r_ ClaHsLl.T.w18 70 INDuSTRy Nit) ao-NT ... ;~ !' i..; -. ......._ 1__. -., ,-; y :::." G~.L.~ ...~;:- :..~~ '..::=:;:. f.~- :.r::"':' 1534 Frs 22 w. 9' ItS February 18, 1994 Mr. Hal Rosenberg City TraffIC Engineer CITY OF CHULA VISTA 276 Fourth Avenue Chula VIsta, CA 92010 Dear Hal: Urban Systems Associates, Inc. (Urban Systems) was retained by Eastlake Development to evaluate possible Impacts from the development of additional dwelling units In the Eastlake Greens GDP/SPA Amendment. The Eastlake Greens GDP/SPA Amendment proposes an Increase of 97 dwelling units from 2.774 DU to 2.871 DU. eneration '""'" The development of 97 additional dwelling units will result In the following peak hour and dally 1rlp generation. NA PEAK I'M PEAK USE IlTENSITY GENERATION IDT MTE ~ NA 1N:0U1' 1N:0U1' PM9lo I'M 1N:0U1' 1N:0U1' 8PUT 8PUT SFDU I7DU 1ll1DU 170 ft 78 2:8 1H2 10.1 17 n 18:28 As can be obselVed. the 97 additional units will result In 97 PM peak hour trips. Of the 97 PM peak hour trips, 68 are Inbound and 29 outbound to the project. The NIt peak would have 78 additional peak hour trips with 16 Inbound and 62 outbound during the peak. ns A traffic aIUdy for KaIser Hospital (Eastlake J SPA Amendment by JHK Aasoclates) DI comDleted on ADrU ~. ~. The KaIser HospItaJ traffic study represents the most recent analysis of interim conditions for eastem Chula VIsta (east of 1-805). The anaJysIs for interim conditions 8SSumed the -approved projects- level of development for It's interim analysis. The -approved project" level of development was based on the Final Eastern Chula VIsta Transportation PhasIng Plan Update prepared by WIIcIan Associates (1191). ~ ~ I?-ftj 101_ ~7 Mr. HsJ Rosenberg Urban Systems .~es, Inc. rary 1B, 1994 ( In the final report for KaIser Hospital dated AprD 20, 1992, (page 41), the approved project development scenario will result In approximately 193,230 additional dally trips In Eastem Chula VIsta. The analysis Included trips generated by 2,774 units In the Eastlake Greens project. Using the "approved projects" condition as the bpe, Impacts from the KaIser Hospital were evaluated. Attachment 1 Ihows the NNPM peaIt hour intersection level of I8rvIce from the KaIser HospItal traffic analysis. As shown In Attachment 1, 811 intersections are forecasted to operate at . level of 18rv1ce "0" or better. KaIser Hospital Impacts to the intersection of Otay Lakes at Eastlake Parkway (the critical intersection for the KaIser Project) for the NNPM peak results In a level of 18rv1ce "C" to "0". intersection delay was 5.2 seconds for the AM peak and 5.4 eeconds In the PM peak at this location. The Increased delay at this location was due to more than 14,000 dally trips from the KaIser project being added to the base conditions. The KaIser analysis concludes that the intersection delay at Otay Lakes Road and Eastlake Parkway Is 25.8 seconds In the AM peak and 29.8 In the PM peak which 1ranSIates to a level of service O. It should be noted that the intersection delay at Otay Lakes Road and Eastlake Parkway coulcl be Increased as much as 10 seconds and still remain at a level of I8rvlce "0". P In order to determine possible Impacts from the proposed SPA amendment, project traffic was added to the intersection analysis discussed above. for the computer intersection analysis remained the same. As shown on Attachment 2, the resulting level of 18rv1ce including project traffic remained "0" for both the AM and PM peak. A comparison of Attachment 1 and 2 shows that with project traffic the intersection delay tncreasecI only 1.5 HCOnds In the AM peak and 2.1 seconds In the PM peak. This cIearty indicates that the Spa Amendment for interim (worst case) conditions Is not Ukely to ClUte ImpactI which would require mitigation or change the level of I8rvlce at Eastiake Parkway and Otay Lakes Road. In 8ddltlon, possible Impacts from the proposed SPA amendment were analyzed for the intersection of Eastlake Parkway and Fenton Street. .Base conditions for the intersection anaIyIIa were obtained from the ScrIpps Clinic Traffic anaIyIIa dated March 30, 1993. For the base conditions, IIgnal timing was optimized which resulting In a level of I8rvIce "0" for the P.M. peak or an intersection delay of 36.7 leconds (He Attachment 3). Project lalllc was then 8ddecI to the base conditions. All other UIUfIIPtiona for the computer lnterslCllon anaIyIIa remained the same. Aa ehown on Attactoment 3, ... resulting level of 18rv1ce Inc:Iudlng project traffic remained "0". Int....ectlon deJay changed only 0,4 eeconds to tE.1. This clearly Ihows that the SPA amendment for interim conditions Is not Ikely to create pacta which would require mitigation. N. buUd out or with an Intertm 125 or with an Orange I wnue connection, Spa Amendment fmpacts would be even smaller beca..... there would be multiple accetl routes. ~ /7-Y~ 1II.8CNIIII7 -. Mr. Hal Rosenberg February 18, 1994 Urban Systems AssocIates, Inc. ~ ( Based on the Information discussed above, Impacts from the development of 97 additional units appear to have minimal Impacts on the circulation system. 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""'"\ MEMORANDUM February 23, 1994 File Number YS 591 SUBJECT : Doug Reid, Bnvironmental Review Coor~i~;.tor Roger Daoust, Senior Civil Bngineer ~J Initial Study 94-019, BastLake Greens GDP & SPA Amendment TO: FROM: This is to clarify our comments (on sewers and drainage) dated February 1, 1994 concerning the information provided in the application for the subject Initial Study. Our comments on drainage (Section I, A through B) noted that project specific improvements would be required as development occurs and further, that regional improvements in Salt Creek and Poggi Canyon may be required as development occurs. This comment was meant to convey that development of the overall General Development Plan area would probably require construction of regional level drainage improvements. Any additional development which may occur as a result of this amendment may require greater capacity in those facilities, but we believe that the added ""'" capacity would be insignificant. OUr comments on Section VI, Waste Generation, noted that some segments of the Telegraph Canyon Trunk Sewer will be over capacity at, or prior to, General Plan buildout conditions. This comment addressed the fact that the EXISTING Telegraph Canyon Trunk Sewer lacks capacity to serve the buildout development. A Development Impact Fee (DIF) is presently in place for gravity basin development, and a Telegraph Canyon Pumped Basin DIF will be in place very shortly, as will a Salt Creek Basin DIF. The parallel and upgraded facilities provided for through the collection of these fees will be adequate for the provision of sewer service to all of the affected development areas for as long as necessary. The additional development which may result from th,e proposed amendment may have a non-significant impact on one segment of the sewer line. That impact would be that an upgrade required by the overall development would increase by a minor degree with the added development. No increase in the DIF would occur. """"" al.D: '1'''111 .:\HCKI\~t"lR\t"..Dl' ~ /7~'!tJ . le EXHIBIT A Description of Work Assessment District 94-1 The general description of work to be fuDded by Assessment District 94-1 consists of the following: 1. Street improvements consisting of sradiD&. base, pavina, lUtter, sidewalk, street lighting and """V'lPiD& within the following rights-of-way: a. South Greensview Drive - from Clubhouse Drive to UDit 6 emrance (2,400 L.F., Phase 1). b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., Pbase 2). c. South Greensview Drive - from Unit 6 entrance to SiJverado Drive (1,920 L.F., Pbase 3). 2. Utilities and underground improvements consisting of potable water facilities, storm drain facUities, lewer facUities, reclaimed water facUities, electric facUities, telephone facUities, gas facUities, television facUities as appropriate by applicable state and federal statutes within the following rights- of-way: oe t a. South Greensview Drive _ from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Pbase 1). b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., pbase 2). c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F., Pbase 3). 3. DIF funded street improvements consisting of sradiD&. storm drain, base, paving, curb, lUtter, sidewalk, medians, streetli&hting. Ill""~caping and street JDOnumeDtation withiD the following rights- of-way: a. Hunte Parkway _ from Clubhouse Drive to South GreeJIIView Drive (2,300 L.F., Phase 2). 4. DIF fuDded street and UDdergrouud boprovements consistiDa or pIdiDa, aDd ItoJ1D drain improvemeDts within the following rights-of-way: · L Hunte Parkway _ from South QreeDsview to 0rIDp Awuue (1,2'70 L.F., Pbaae 2). b. OraDae Awnue - from H1JJIIe Parkway to the SDGO --- (3,500 L.F., Phase 2). ,e , 1IIC ,,.r \11lS." -~ J 771 , ffi\I ~ ~('1U FII;lr", Ru;uJ RICK ENGli\'EERlNG COMPANY ~ S~ln Di~'FO I , C;thrurnia 91110.2~9f1 "1.14'~ I?'.'(j,'d (\ ,/.I;' '\"7 (('I1~129t.OiOi fAX ,.19, !91-1lo~ . ...J .;:-"", 'f . -- _. 13~" . oJ~: February 7. 1994 Mr. Clifford Swanson City of Chula Vista 276 Fourth Avenue Chula Vista. California 91912 RE: EASTLAKE GREENS - GENERAL DEVELOPMENT PLAN AMENDMENT AND SPA AMENDMENT (J-12347) Dear Mr. Swanson: ""'" . This is to confirm that the stonn drainage s)'stem designed for EastLake Greens has adequate capacity to accommodate the run-off generated b)' additional areas being incorporated into EastLake Greens SPA boundary. as sho\\'n on the anached exhibit. In addition. areas being added do not adversely impact the drainage s)'stem previously planned and approved as pal' of Tentative Map for Chula Vista Tract No. 88-03. Should you have any questions. please call me. Sincerely, , RICK ENGIN~~~~MPANY 0c~ Dennis C. Bowlin~.~., R.C.E. Director, Water Resources Division DCB:kl.OOl Enclosure cc:: Mr. Doug Reed, Cily of Chula Vista Mr. Bruce Sloan. EaslLake Developmenl Company Mr. Houshmand Aflahi. Rick Engineering Company "" ~ /7-9:1-. . . e . . r.~. . , '. ....~ . February 9,1994 Mr. Cliff Swanson City Engineer CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Re: EastLake Greens Development Plan and Spa Amendment 15.94.19 Dear Cliff: As a part of the review of the referenced initial study the engineering department noted possible adverse impacts to the sewer system serving the EastLake Greens Project. As a response to this concern, 1 have quantified the impact of the Plan Amendment in each of the sewer basins within the EastLake Greens Project. This review (attached) has concluded that the impacts of the additional development within each of the basins is minimal when compared to previous land use and system analysis performed by the city. If you have any questions regarding this information, please do not hesitate to call me. , Sincerely, EASTI.AI<E DEVELOPMENT COMPANY Bruce Sloan Senior Project Manager cc: Doug Reid . Environmental Review Coordinator ~ /7-7;] .- 4/. .. . EASTLAKE OEVtLOI'MENt COMPANY 900 Lane --- Suite 100 ouo VIslo. CA 919,.. (619) 421.()127 FAA (619) 421.1830 . , ~ -- ~ SALT CREEK BASIN GRAVITY SEWER ANALYSIS Sewer service to the Salt Creek Basin within the EastLake Greens Project in currently provided by the Otay Lakes Road Lift Station (located at Otay Lakes Road and Salt Creek) and the Telegraph Canyon Trunk Sewer. The proposed EastLake Greens General Development Plan and Spa Amendment affects the following parcels within the Salt Creek Basin: Parcel Existing Units Proposed Units Increase+/ Decrease- R-3(south) 42 51 9 R-I0 167 246 79 R-11 92 87 <5> R.22 146 141 <5> ~ R-23 205 214 9 R.27 40 44 4 Net Change [n Units 91 The flow generated by the additional 91 dwelling units (based on 250 GPO per DU) is 15.8 GPM. This amount represents an increase of 1.4% over the 1100 GPM flow rate assumed to be generated by the EastLake Project within the Salt Creek Basin (see Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows, Figure 8, Page 11). The operation of the Otay Lakes Road Lift Station and Telegraph Canyon Trunk Sewer should not be significantly impacted by the relatively minor increase in the flow rate. ~ -~)7-c;'I . . . . I . . . .1 TELEGRAPH CANYON SEWER BASIN IMPROVEMEtfr AND FINACIAL PLAN The proposed General Development Plan and Spa Plan Amendment will affect 4 parcels (R.7. R.ll, R.14, and R.24) that are located within the boundary of the Telegraph Canyon Grav!ty Sewer Basin. At the time the Basin Improvement and Financing Plan was developed EastLake Development Company and the City assumed the unit counts proposed in the Amendment. Therefore. no modification to the Telegraph Canyon Sewer Basin Improvement and Financing Plan is required. POGGI CANYON SEWER BASIN Sewer service to the Poggi Canyon Sewer Basin within the EastLake Greens Project is currently provided by the EastLake Parkway Pump Station and the Telegraph Canyon Trunk Sewer. The proposed EastLake Greens General Development Plan and Spa Amendment affects the following parcels within the Poggi Canyon Basin: Parcel Existing Units Proposed Units Increase+/ Decrease. R.3(north) 42 51 9 R.14 84 86 2 R.15 88 6S <13> R.20 164 143 <21> R.2S 74 78 4 R.28 27 60 33 Net Change In Units 14 The Average flow to the EastLake Parkway Pump Station (as outlined in the Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows) is 254 GPM. At a rate of 250 gallons per day per unit the net increase in units generates an additional 2.4 GPM. The operation of the EastLake Parkway Lift Station and the Telegraph Canyon Trunk Sewer should not be significantly impacted by the relatively minor increase in flow rate. -~ J7-c;/' . CHI_'LA I.... t S:TA $1: HI:.CtL. -. I ~..r.. P.0:2 MAR- ~-94 WED 1~:1 IOARD Of' EDUCATION .lOSEPH D. ClJIoWINGS. "".D. LARRV CUNNINGHAM SHARON GlES PATRICKA.IJDO GREG lI.SAHDOVAl . SUPEAlKTEHDENT L18IAS.G1\.,"".D. CHULA VISTA ELEME~'TARY SCHOOL DISTRICT """'\ 84 EAST "J" STREET. CHt.:L'" \"ISTA, CALIFOR."\IA \IHllO . 619425.9600 EACH CHIi.D IS AN !'SD1\'!l.lLJAl. OF OREATWOHTii-'-'--' ._- ";". "'t.".~, March 9.1994 Mr Doug Reid Environmental Review Dept. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: EastLake Greens GDP/SPA Amendment Dear Mr Reid The proposed GDP/SPA Ame~dmen\ will increase the total dwelling unit count Within EastLake Greens by 9- units from ~774 to 2871 At the District-wide~ average student generation rate of 0 3 students/unit. tt)is equates to 861 students. It is anticipated that all cnildre!". fiOm EastLake Greens Including those from the additional 97 units wili atte"1c! SchoQ! No S5 which will be constructed in the EastLake Greens Community and has a pwposed opening date of July 1995 This school is planned to cpen on a slngle.track year-round schedule and eventually convert to a mu'ti-track year.round schedule when required to accommodate enrollment. All elementary school facilities Within the EastLake Community will be financed by participation in Community Facilities District No 1, which fully mitigates all project impacts on schools. If you have any questions, plec,se contact me. Sincerely, 4~ S\~~~"'<'- Kate Shurson Director Planning & Facilities """'\ .' KS.dp -~7'7? cc: Katy Wright .~.IImO"1iI ~ . MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 p.m. Monday, April 11, 1994 Council Conference Room City Hall Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:40 p.m. by Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Hall, Kracha, Ghougassian, Johnson, and Burrascano. It was MSUC (Johnson/Hall) to excuse Commissioner Myers from last meeting and also through the summer until she finishes school; motion carried 5-0. It was MSUC (HalVBurrascano) to excuse Guerreiro from the meeting of March 7 and April 11 due to his school exams; motion carried 5-0. It was MSUC (HalIlBurrascano) to excuse Johnson from the meeting of March 21 due to vacation; motion carried 5-0. Kracha stated he will be on vacation May 2-June 10, 1994. APPROVAL OF MINUTES: It was MSUC (Johnson/Hall) to approve the minutes of the meeting of March 7, 1994. The minutes of March 21 could not be approved due to no quorum present from that meeting. It was noted that the minutes of February 7, 1994 are still unapproved. . NEW BUSINESS: 1. Used Motor Oil Grant Application - Michael Meacham explained the grant requirements and how he is seeking to have some of the money charged from the oil to be returned to the City. The $240,000 regional grant application is being done on behalf of Imperial Beach, National City and Chula Visa. He will also ask assistance from schools and businesses to educate the public on programs to recycle oil. The Nature Center currently has these classes and will work with them on preserving the environment. It was MSUC (HalIlGhougassian) to recommend that Council approve the grant; motion carried 5-0. 2. Review of Negative Uec1aration IS-94-10, Bonita Road Bicycle Lane: It ill noled Ulllt the lanes were included in the General Plan. Opposition to the negative declaration included comments on the cost, excess traffic, and tI;Iat underground utilities would need to be relocated. . A motion was made by Ghougassian to reject the project as it is not economical to the City; motion died due to lack of second. A motion was made by Hall, seconded by Burrascano to accept the negative declaration; motion carried 4-1, no: Ghougassian. Another motion was made by Hall, seconded by Ghougassian that the project be denied due to safety problems with traffic. Burrascano felt that the bicycle lane was the best ~ )7~7r ~ Resource Conservation Commission Page 2 .-. alternative for bikes. However, Hall and Ghougassian felt the danger existed for bikes to be riding in the busy intersection too close to the freeway; motion failed 3-2, no: Burrascano, Kracha. A motion was made by Ghougassian, seconded by Hall to deny the project due to unnecessary expense; motion failed 3-2, no: Burrascano, Kracha. 3. Review of Negative Declaration IS-94-14, European Parts Club, presented by Mr. Martinez. After brief discussion, it was MSUC (GhougassianlBurrascano) to accept the negative declaration; motion carried 5-0. 4. Review of Negative Declaration IS-94-19, Modification to the EastLake Greens GDP/SPA. Information was relayed on the density transfer within the approved areas of EastLake Greens, and exchange of property between Otay Ranch and EastLake. It was MSUC (Burrascano/Hall) to accept the negative declaration; motion carried 5-0. [Ghougassian left the meeting at 7:50 p.m.] 5. Environmental Health Coalition: Kracha was distressed that this item was sent to Council before RCC saw the draft. He questioned how long in advance this was docketed to council. Further, he wondered if there would be other surprises to expect from the relationship between the Environmental Health Coalition and the Environmental Resource Manager. Kracha commented on how parts of the packet appeared to be generated by the City, however, it is on record that the information is already in effect in San Diego County. The packet further pertains only to City programs and operations, and he thought it should be a countywide program. Since too many questions were left unanswered, this will be an agenda item again at the next meeting. .-. 6. Historical Signs: Kracha again expressed his dissatisfaction that the City Council appropriated funding of $3700 to the Cultural Arts COiTomission in support of its acti,vities for the remainder of the fiscal year. Consequently, he was offended that in order to cut its budget, the Council had removed the item of historical signs from RCC's budget with the intention that the City Manager would find' alternative funding for the signs. However, this has not been done to date, yet the Council appropriated other funds for another Commission. A motion made by Hall and seconded by Burrascano to take the excess and unspent monies in RCC's current budget and designate it to a fund to pay for signs for the historical buildings; vote: 2-2, no: Johnson, Kracha. The no vote was expressed because it does not solve the City's problem nor the City Manager's obligation of finding alternative funding. Kracha stated that the problem of the signs has been unresolved for over five years and residents are still waiting for the signs. "'"'" - ~/7~99 .. . Resource Conservation Commission Page 3 . It was suggested that a recommendation be made to the City Manager that it consider a budget transfer and requirement funding of the signs. Additionally, as no other source of alternative funds have been found, that this be reinstated as a line item into RCC's budget. The RCC also seeks a commitment from the Council to purchase the balance of the signs for designated historical buildings. 7. Environmentalist of the year award: no criteria for nomination was included in the agenda packet. The Commission was informed that a presentation could be made at the Beautification Award banquet on May 31, 1994. Since no nominations were made by this date, nothing will be done for this year. It was suggested that criteria be developed for nominations and that planning begin in a timely manner next year. STAFF REPORT: Doug Reid handed out information for the staff contact person on the issue papers. CHAIRMAN'S COMMENTS: Kracha communicated his disappointment in the way RCC is going. . COMMISSIONER'S COMMENTS: Burrascano reported she heard back from Staff on the Landscape Manual and Brush Management. Doug Reid said. that staff members are willing to answer questions before the Commission if requested. ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:30 p.m. Respectfully submitted, EXPRESS SECRETARIAL SERVICES ~~ Barbara Taylor . -y ) 7- /CJP ~ .' . THB arr OF anJIA VJSJ'A DJIaDSllRB ft'A'I'BMBI'n' VOII Ire rllllllrld 10 DIe a $11_1111 of DlKJaIIIJe of ClINIA llWlICnhIp or GD,m:W 1D_u, pt)'llloau, or .1IIp11p conlributloD&, 00 aIImallell wIllcll wtll reqlllra dlK:rldoury acdoo OD IIIe pan of tile City Collad!. PlanolA& Commluloa. aa4 .tIIer o1BdaI bodl.. Tbe foUowlIl.lAlonDlltloa III"" 110 dllclOlrl 1. Ust Ille aamea of all penolll bavID. a liDIIIelallD_t IA Ihe ,roparry wlllcllll tile 'lIbJeeI of Ille appUcalloa or Ihe coattae!, c.,.. owner. l,pUlaa\, coall'lClOf, '"bc1oDlI'IClor, _leIial .uppller. EastLake Development Company 2. If lay perIOa" ldeallllld '11111110110 (1) above II 1 COrporatloD or paruwsh1"llst tile -- of a111Dd1vlll1ll1l OWDID. 1II0re llIaa 1~ of Ille .banllD tile corporatloO or DMIIq IIIIJ panacrshlp IDletelt ID die panaenhI,. Boswell Properties Incorporated TulaRo Company 3. If Ill)' pelSOll' Idellllfied pllnVlDl10 (1) lbove .. DOD-proDI orpolzatloD or. 1nISt, 1ls11lle II&1II11 of any persoD IIMDI U dlreclor of tile DOD.prolll orpDizIIlioa or U Vllltee or lleDe!k:Ial)' or II'lIItor of lIIe lnIIL N/A . 4. Have ,ou bad lIIOre Ihan WO wonll of bllliDcu uanaac:&ed willi any member of Ihe Oty .wt Boards, C'onuDIuIolll, ColllllllueeI. aad CollndJ wllblD IIIe pilI IWDIve IIIODIIII? VeI_ No_ If,., pJeue III4lcate pllIOII(I): 5. '1_ Idenlll')' oaell and every perIOD, lDcIlldlllllay apoll, .,aoy... COIIIultanU, or lDdepelldllll _1~orI wIIo 1011 bave uaipld 10 ,repraeal JOlIldore lIIe Oty IlIl1111l111ll1r. Gary Cinti - Cinti Land Planning Bill Ostrem - EastLake Development Co. Bruce Sloan - EastLake DeveloDment Co. Roger Bhatia - Rick Engineering Co. Kent Aden - EastLake Development Co. 6. Have JOIIIDdIor ,out om I v or quu, .. till ......... coatrlbllMll Il1O,. tIlIII 11.000 to I Olu....~_ber fa dlo CUITall or precallJIJ eIecdOD period? v__ NO.1L If,.,...te wII/cII C'OullClllHlllber('): Dall: "'(N011I: Aad......rn ......r /o/;;j ~ ' 7-ff-~1 ~ I '/pItar. of llOIIltIClOI'Ja I Gail Crocenzi, Assistant Project Manager . e PriOI or tWO UIIII of CODU'IClOflappUCUI lIrIBl"""'. .~W~.L -t""""I"~."~ .. .....,....~-_. ~-r-~.._..........4-- 1 __... --01 ..... _.... _dot'.""...... __",... uaM ..... _... -,." - _;.t! "-........ ~ /7- )(};)... NOTICE OF PUBUC HEARING BY TIlE CITY COUNCIL OF CHULA VISTA, CAUFORNIA 1 NOTICE IS HEREBY GIVEN mAT A PUBUC HEARING WILL BE HELD BY TIlE CITY COUNCIL of Chula Vista, California, for the purpose of considering a tentative subdivision map known as Fieldstone Crest, Chu1a Vista Tract 95-01 located at the southwest corner of Hunte Parkway and Clubhouse Drive within the EastLake Greens ptAn...... Community area, and submitted by Western Salt Company. The applicant proposes to subdivide 9.21 acres into 43 lots and make all required public improvements. A copy of the tentative map is on file for inspection in the office of the plAnning Department. If you wish to challenge the City's action on this tentative subdivision map 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 Council at or prior to the public hearing. Any petitions to be submitted to the City Council must be received by the City Clerk no later than noon of the hearing date. SAID PUBUC HEARING WILL BE HELD BY TIlE CITY COUNCIL on Tuesday, December 6, 1994, at a meeting beginning at 4:00p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be beard may appear. DATED: November 22, 1994 CASE NO: PCS-95-01 COMPUANCE WlTII AMElUCANS WlTII DISABILITIES ACf The City of CIwIa Vista. in complyina wilh the AmericuIs wilh Disabilities Act (ADA). requests individua1s who may require lpCCiAllCCOIlII""(\,tioas 10 _. ~. lIIIIIor puticiplle in a City ~. 1Clivity, or service 10 request IUCb IIl:COIDIIIOIIa atleastfol'ly-4lg1rl houri ill tIIlwItra for ~s aDd Jive dDys ill tIIlwItra for ~ services tIII4 tu:tivIIies. PIcue CODW:t the City Clerk', office for lpCCific information at (619) 691-5041 or T...............;..atinm Devicea for the Deaf (TDD) (619) 585-5647. CaIifomia Relay Service is avlillble for lhe bearina impaired. 17~/t!JY - , . " I PROJECT lITE CHULA VISTA PLANNING DEPARTMENT LOCATOR A'I'LICANT:WESTERN SALT CO. Request: CoDltl'1lctiOD .r 40 IiDlle ramii)' dwtllillp at Eudake GreeDJ UDlt27. / 7-/jJ~ (!) "'ORTH ADDRnl: INTIRSEcrJON OF a.llaIIOUII DJl, . IItlNr. PAl'lCWAY ICALI: FILl MUM'IIl: 1" - 400' pes. ,s. 01 11-17-1994 1121:57AM , ,.<: 11-19 I ;~ 3t'~ ,....."'f"'E IS~~ erN THE CHUlA GIVEN .... ~.. wIIlddVISTA 1lMlng: '" _r": \:l: ~I- --~_.- ~"500rFlolClSID" _,.... Of........1Ad 81 ~IDDrwlai:w~~ -.r1nD43~. 8.21 QIl'~ wish ..' ...... _. OIl ~..&..... .... .!:: ""'1'''' lImI.... '" ......Giil - - ..... bIc ___.~ Of -'''l~ In It == ",- publlc_:""'''':''~ SAlO POli WllBE HEI1;1C HEARING ~~ or TIlE CfTY in 1ht ~11M~~-&d.Y. .._,I>IIC _I I ChoInlbOrs.p.m. Fc.dI 01$ ~ ~ _ _... ~o. 278 ~. ~~/:11 .... ~~~;:;: -e O~0" ,,- FROM TO SBb'-S I.R ( 255612 P.12I1 ''(1) ~r Pk.cKJ.L prOq b- fJctrLU r;L;rt a/lt> L.f2;;;~3000 ..lvm";'; .,-~ >, ...",~...,~ ,- '=':---V "3("::..,-1'-' -. " ;->1' 7J ~,~ ,,,."' ;,.. TOTFlL P.01 ,,.. T , /7-' Ill? 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: Considering tentative subdivision map known as Fieldstone Crest, CVT-95-01, located at SW corner of Hunte Parkway & Clubhouse Dr within EastLake Greens, to subdivide 9.21 acres into 43 lots. 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, December 6, 1994, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 16, 1994 /7 -/O? 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 tentative subdivision map known as Fieldstone Crest, Chula Vista Tract 95-01 located at the southwest corner of Hunte Parkway and Clubhouse Drive within the EastLake Greens Planned Community area, and submitted by Western Salt Company. The applicant proposes to subdivide 9.21 acres into 43 lots and make all required public improvements. A copy of the tentative map is on file for inspection in the office of the Planning Department. If you wish to challenge the City's action on this tentative subdivision map 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 Council at or prior to the public hearing. Any petitions to be submitted to the City Council must be received by the City Clerk no later than noon of the hearing date. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 6, 1994, at a meeting beginning at 4:00p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 22, 1994 CASE NO: PCS-95-01 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACf The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact the City Clerk's office for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647 California Relay Service is available for the hearing impaired. 17-/{J~ , , ~ I PROJECT SITE CHULA VISTA PLANNING DEPARTMENT LOCATOR APPLICANT: WESTERN SALT CO. PROJECT DUCRIPTION: CREST SJ)BDMSION: FIELDSTONE Q) ADDRUI: JIlITEJlSECTlON OF a.VBBOUSE DR. Request: CODltnactioD or 40 lingle . BUNTE 'ARKWA V ramUy dwelliDp at Eutlake GreeDI ICALE: FILE NUMIER: UDlt 27. 17-/t:J1 NORTH 1" - 400' pes. 95 . 01 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item I~ Meeting Date 12/6/94 Public Hearing: Conditional Use Permit PCC-95-13; Appeal from the decision of the Planning Commission to approve a proposal by the Salvation Army to operate a thrift store selling used clothing at 366 Broadway - Jerry Fick Resolution Denying the appeal and thereby affirming the decision of the Planning Commission to approve PCC-95-13 to operate a thrift store selling used clothing at 366 Broadway Director of PlanningfltJ'1\/\ City Manager J~ '()tJ?!;) (4/5ths Vote: Yes_No.1O Staff recommends that this item be continued to December 13, 1994. I~"/ November 30, 1994 SUBJECT: The Honorable Mayor and city f)!iCil Bruce Boogaard, City AttorneYlb~ Veterans Advisory Commission Request - 12/6/94 Agenda TO: FROM: with regard to the Veterans Advisory Commission's recommendation to make Veterans Day a permanent holiday rather than a floating holiday, an action of this nature would be subject to the meet and confer process. If Council so desires, this issue could be referred to staff for consideration during the 1995-96 negotiations process. BB:mab 17-//9-;" /0t f" From the Veterans Advisory Commlssion Clty of Chula Vista Fl"'om" Robert Voice Fax: ~. McCa.uley, 545-2823 545-]477 Cha.ir-man -. I . '"'" '""', " i't'I .~, r." t- I' '01 Ii r: I ,,-1.-?~'A~lL.i.~~,-~. H Wj: : I i"l ~ ! ! "I. NOV I JIJ i I L ~ ~. :., n, -....-1 !. ~. .,' :... ;,tje November 18. 1994 '1 ,.. To: Mayor and Clty Councll L.....,".,... cc Candy Boshell, Personnel Director City Manager, CIT'{ ArTfll<'tJe:;I ------------------------------------------------- ~~t /O~ and Council. n',,, ".... meeting of the Veterans Advisory Commission, (llii~/b" ,gted agenda item waS discussed regarding the City employee 'cy '01' observance and recognition of Veterans Dayan Veterans val' we -. his NOVEMBER 11 th . A m,~ was made. seconded and approved unanimously to as~ the .-rney to draft a resolution whereby November 11 wl11 be a "~Iiday rather than a "floater". and be submitted to councll ~..nd,,- item Ci f i Y ~" ~ r. "ingly, the attached ~esolution is hereby submitted for ,_" ",!On "" the agenda of the next regularly scheduled C":y " i m,,~ dng of Deoember 6, 1994 ~s ~ r.ity that many veterans call home. we pray you wlll endor~~ thlS resolution a,s a. strong commitment to those vet.eT'ans and th~iI' t' ":..m~:;' i. ~.s -W;J (~ItQ/t2 Robert McCauley, C :r:nar. V@teroa.ns Adv i gory mrru SE" 1 c: r' 1'1-3 lCiit CJ'3;r::"-I I=Ui'1t l~;L iH I RF'Hi~ P 132 \ . .. ~ \ Resolution of the Veterans Advisory commission Urging that the City Recognize Veteran's Day as a Fixed, Non-floating Holiday. Whereas, changing the status of the holiday from a floating holiday to a fixed hOliday demonstrates the City's sincerity in recognizing the sacrifice the veteran's have made for our society "",0 ~ur deltlocracy; and, Whereas, converting the holiday to a permanent holiday places the social significance of veteran sacrifice at least on the same plane as Thanksgiving, which is also a permanent holiday, and gives it greater significance than the discovery of America by Columbus; and, Whereas, the Federal, State, County and School District \ 1 Governments observe veterans Day on November 11 as a permanent ~ol,cl~1 recognizing the special significance of the contribution made by y.t;eransi and, NOW, therefore, be it resolved by the Veterans Advisory Co:",", ssion of the city of Chula Vista to strongly urge and recommend to the city council that they fix the Veteran's Day holiday on November 11 as a permanent non-floating holiday. Dated: ,,\ ,II?, . , 1994 f) ~..-.t.. Aile ro,J:, ~~_...._.~.~ Robert Mccauley, ~rman Veterans Advisory o=i"")';,r,, )1- 'I ~, ~ 1.'1'Al. F uJ~q -'---..'~~,...~,.,. _ _ _ _ _....j. "'...c....,'!1t.!::i:,~ ~ _....... -,- .. -:- -i'~ ~. c____.~ .;:fo S(1/C?/ ss-,(v/./D-('- s-a'J-"'17 );Jdty'l tY([(1g;9ty )~f/ !!k ([3'(f~ 3f1 7".jt .-1-LW j Y'J ~~\f! % ~ ) ;.. tI~ 'i rJ'c:Iff" 2..0 (, '"/2Ir?9o:e:>'i ).J..I.) ~'" 1 I -0 _ -v ,1\ \\ -')f'tl/U~ lr"'''W\''Q')A(1 Q-L f.i0)}I) il NO NQ1l.GV'J 11 ~S'>11<i rJ Ql5"lY\lWOJ .s.'tU. '?';>'f\~Yi3. I '" T'" .~.".-__ , arm:.tlI ~ ---~--- -~ \~ MEMORANDUM DATE: December 5,1994 TO: Honorable Mayor and City Council FROM: Gena Franco, President If jJ - Western Council of Engin~ SUBJECT: Proposed Change of Veteran's Day from a Floating Holiday to a Hard Holiday The Western Council of Engineers' position on this proposal by the Veteran's Advisory Commission is that holidays are covered by our Memorandum of Understanding and any change to the currently negotiated holidays is a meet and confer issue. However, the Western Council would have no objection to the addition of Veteran's Day as a hard holiday while retaining four floating holidays. /f-y ,. COUNCIL AGENDA STATEMENT Item No. Meeting Date ~tJ 12/06/94 ITEM TITLE: Report - Landfill Disposal Services Between Chula Vista and the City of San Diego SUBMITTlID BY: Deputy City Manager Krfl~ ~0' REVIEWED BY: City Manager.JC:1 ~~ Votes: Yes _ No..1L The purpose of this report is to consider a proposal with the City of San Diego to dispose of Chula Vista trash at Miramar Landfill until such time as a transfer station can be completed. RECOMMENDATION: 1) Support the effort to provide less expensive solid waste disposal services via the City of San Diego at Miramar Landfill. 2) Direct staff to return to Council for final action subsequent to the completion of environmental review. BOARDS/COMMISSIONS RECOMMENDATION: N.A NOTE: Action by the City of San Diego City Council is scheduled for December 5, 1994. BACKGROUND: The City of Chula Vista is pursuing the siting, design and permitting of a transfer station for solid waste processing. Completion of the transfer station, estimated in 12-18 months, will allow the City maximum flexibility and local control as to how, where and at what cost the City's solid waste will be disposed. In the recent past, landfill disposal rates have skyrocketed at the County System (now transferred to a new Solid Waste Authority comprising the County and seven other cities). Tip fees at the landfill have gone from $28/ton to $43/ton to $55/ton to the current non- member rate of $74/ton. The possibility exists that the Authority could raise non-member rates even higher, up to $133/ton in the near future. In addition, on November to, 1994, the Solid Waste Authority indicated that Chula Vista waste would no longer be accepted at the Otay Landfill but diverted to Sycamore Landfill as of January 1, 1995. As a consequence, a number of cities have already left the current system and pursued a more stable and cost effective disposal solution for the rate payers. The cities which have either withdrawn or are pursuing withdrawal include EI Cajon, Oceanside, Carlsbad and Escondido. Similarly, Chula Vista needs to protect its rate payers over the long term and, as mentioned previously, is poising itself to do so via the development of a transfer station. ,)p...j <;, , In addition, the County Board of SupervisQrs is considering a land use fee (parcel tax) to help pay for the NCRRA debt, and inactive and active landfill closure and maintenance costs. The average residential fee would be $20.56 per year and non-residential would pay based on a sliding scale. The Board of Supervisors considered the item on November 29, 1994 and continued it to December 13, 1994. DISCUSSION: To help ensure low and stable rates, the City is proposing a contract with the City of San Diego at fixed and known terms while the transfer station is being developed. For Council's information, a copy of the draft Memorandum of Understanding with the City of San Diego is attached. It contains the following key provisions: 1. Beginning January 2, 1995, Chula Vista can dispose of up to 180,000 tons of trash over a 2-year period until January 1, 1997, or from the date Module 3 of the Miramar Landfill is able to accept trash. 2. Chula Vista shall pay San Diego a tipping fee equal to the disposal fee San Diego collects for its own residential waste plus $32/ton. (San Diego's current residential rate is $33/ton + $32/ton = $65/ton. The San Diego Solid Waste Authority has been charging Chula Vista $74/ton since October 1, 1994.) 3. Chula Vista is obligated to estimate and deliver a minimum tonnage quarterly or pay for the difference in any shortfall. For the two year period, the minimum tonnage shall be 160,000 tons or approximately 80,000 tons per year. 4. Chula Vista agrees to accept South Bay San Diego trash through its transfer station once constructed, at an equal tonnage to that which was deposited at Miramar. This will ensure no actual loss of landfill space capacity. San Diego will pay Chula Vista a tipping fee per ton for City of San Diego trash handled at the Chula Vista Transfer Station that is the lower of the Chula Vista Transfer Station's most favored (lowest) rate less $12 or the Landfill disposal fee plus $5. 5. If, after 3 years, the Chula Vista Transfer Station is not operational and Chula Vista has not otherwise arranged for the disposal of South Bay San Diego generated trash, then within 12 months of the three-year point Chula Vista is obligated to pay San Diego $9/ton for each ton not otherwise handled. 6. The agreement contains a mutual 60-day termination prOVISIOn, as well as an operational emergency termination provision and termination ifrequired by the Navy vis-a-vis the use of Miramar Landfill. 2 .21/ .. .2. ,", 7,'J !/ Conclusion What this agreement does is provide stability and protection to the Chula Vista rate payers against further unknown and potentially high rate increases by the San Diego Solid Waste Authority. At the same time, it allows the City flexibility to pursue other more viable long- term options for solid waste disposal. FISCAL IMPACT The cost associated with the proposal is an initial rate of $65/ton versus the current $74/ton rate charged by the Solid Waste Authority. Should San Diego increase its rate to its own customers by, say, $5/ton in the future, then that rate would be passed through to Chula Vista residents resulting in a rate of $70/ton. With regard to the added cost of accepting an equal quantity of South Bay San Diego waste through the transfer station, the cost is difficult to assess. Not knowing what the San Diego rate will be at the time the transfer station opens or the transfer station rate, it is not possible to objectively quantify the impact. However, the outside maximum risk is anticipated to be about $12/ton, or an additional $9/ton if the transfer station is not developed. The transfer station pass-through costs are also future costs and dependent upon how long the agreement remains in effect. Should a transfer station be operational sooner, or some other alternative be viable, then additional savings may be realized. GK:mab A:sdmou 3 .J.IJ-J ~()-1 '"lof r IIBIIIlORAllD1D OJ' 'ONDBRSTAIlDDlG FOJt LANDFXLL DXSPOSAI. SBRVJ:CBS :a.-...,.A.d CITY OJ' SAR DIBGO UP CITY OJ' CBULA nSTA ':KJ:S 1IlDlO:RAIm1DI OJ' UImIlasTAlmDlG (',~Qo'Li,S made becween 'rhe City of San Diego, through Jaok McGrory, its city Manager, and the City of Chula Vista, through John D. Goss, its City Manager, as follows: I. Effective Date. , "l'he pl,rt!eli a:g'Ne "'t;lj,g"this 1'I'OU'''sha11''' blr' effective'when'- "-ra'Hfied'W"t"lW'dt-y':'Coun'l:Hl.'.8F\)oth The City of San Diego, (nCBDli~ and the City of Chula Vista ("ev") without modification. :1::1:. 'ra_. : .. !,," , The Term of this MOU shall ~an the two':year period of time between January 2, 1995 and JanuarY 1, 1997 or ,fX'Olll the date Module 3 of the Miramar Landfill ("Landfill") f. able to accept trash and the lieClond anniversary of that .date, wh!chever is later. A. 'rhe Term may be terminated earlier by either party on sixty (60) days advance WZ'itten notioe to the other party without cause. ) , . s. 'rhe. 'Term may ,be sU8pended or" t'emin..~ed on twenty-four (24) hours notice by CSD in accordance with restriotions placed on the Landfill's operations by the Department of the Navy under the terms of the Grant of !Iase!Mnt for the Landfill. C. The Terlll may also be i1llllediately suapended or terminated by CSD if required by an operational .eme~gency. IU. Acceptance of CV TJ:ash at'LU4f111: A. CV '1'rash. 00-' 1_' j'. For the purposee of this MOO, ,"CV ~a.h" shall mean mixed ii, - ],..- .2 t?~..r ji,1- municipal solid waste lawfully permitted to be disposed of in a .Claaa III landfi11 generated, from residential~ commercial, industrial, or sovern~ntal/i~titutional sources' located within the carperae. limits of cv, or suoh mixed municipal aolid wastes from .0urCl.. .ponsored by CV with the prior approval of CSD, B. Prccedural Matters. 1.' CV 8!:1all c1e..ignate a .ign,1Qgo or other code, accspta):)le to CSD, that shall identify vehicle. carrying exclusively CV Trash or other ia.ntificatien that can be presented to the Disposal Site Repre.entative to ic1entify t'h. vehicle as car.rying exoluaively CV Tralilh, "',:",'1 ~':1 ~ =~,- 2,' CSD .hall prO'l!'ide CV with peri04ic reports ~n the . tonnages or dIT'l'rasll acoepted %Or QlspOsal'-a't "the ... '?i:iahdfill:"!The~./Z:,p6'it. will be forwarded to CV fift~n (15) daya follcwing the end of each twenty-eight day billing period. , 3..' Haulezw of CV Tra,ah allall :l.S1;;a):)!ish a Deferred Payment Acccunt and be billed in '. the same manner and time frames a. CSD ~:I!erred ,i'a~t Account Holders. 'rhere. shall be tl;1irteen '(13) !:w!,nty-eight (28) day billing periods per year and payment in full aball be d1.le and 'payable fourteen '(14) allYIiI from the date of the invoice. A late penalty of lot of the iZlvoice lilIIIOunt or $50, whichever is greater, ahall be alilseBsed on all late payments " C . Mf-Xim1.lm TenDage ,Acceptable !, I CSD will aocept a maximum of ieo,ooo tons of CV ~ra8h for disposal at the Landfili during the Term of this MOO' at a rate of approximately ~O, 000 tens per year,. CSD .may refuse accept tonnages cf CV Trash at a ,rat,. greater tb!ln .21)' ~bove th~ projected quarterly minimum tonnage duri~ any aingl~ quarter. <. .. D. Minimum Tonnage Required . , cv shall tender a minimum of 160,0.0.0 tons of CV Trash for dbposal at the Landfill during the '1'exm of this MOO' at a rate of approximately 80,000 ton. per year. CV .hall provide a quarterly - 2 - ,~. , .1~'~ L ,~,~~ projection of the minimum tonnage of CY Trash to be delivered during the ensuing quarter at least 60 days prior to the c01lll1lencement of each quarter (January 2, April 2, July 2, and Ootober 2). cv shall tender its quarterly projected. minimum tonnage of CV Trash or pay the cu~nt tipping fee speoified in this MOO' for tha cUfference between the actual tonnage of CV Trash delivered and the projeote~ quarterly minimum tonnage. If the early' termination provisions provided in Section J:I are exercised by CSD, the minimum tormage requ3.rement.s :for that quarter .hall not apply. I.f the early termination ,provision provided in Section II A. is exeX'cised by CV, the llIinimum tonnase :req\1irement for the quarter in which the early ter\llinat:l.oD is effeCltive l!Ihall apply. ---Po' ~"4'" ),-n~". 'i':l'C1.:I.. i1D~"'pee-", ,..- .~. - ,., "., Ih .~.. . =,,,,"'-',-;1: ~.9,~!r:s ,:~3:-'!~1 '":I ::./f-' CI1 shall pay CSD a tipping :fee equal to CSD I S landfill disposal fee for CSP colleoted re.identia~ waste plus $32 per ton for each ton of CV Trash disposed of in the Landf'ill. At the effeotire date of this MOO, the. t;,ippini he shaJ,l be sixty-five dollars ($6S) per ton. Thill, ..thirty"!.two dollaX' ($321 peX' ton sUX'oharge shall include the Ref~8e Coil.ctor Business Tax required by the San Diego ,Municipal Code ("SPMCn) Section 31.0306. The tipping fee ~o, dete.rmined. and paid bY bv' shall be distributed to' such acoount~ :tmd in such proportions -afl Cso..' shall, from time to time, de.ignat~ at its sole discretion.~ In .ddit~on. all haulers of CV Trash .nall be .subjeot to all rules and regulations for the collection, transportation and disposal' of waste within CSD as provided in the SOMe,Waste Menagement aegulations i.~ued by the City Manager and the'current Landfill Disposal Pee Schedule. This include;' all licensing, spec:ial handling, administrative and Spll9ial fees and charges which are not included in the base landfill disposal f.e. V. AcsaeptaDCl. of (Ill) ~asb at CV TZ'.ufer stetioa l. 1. .: ~i, If a transfer station is constructed by or for CV ("CY Transfer Station") and is,operational not" iate~ than one year after the fun Term of this MOtI ("Three Y.ar Point."), and ~e opereation thereof i. c01IIl1Ienced and continued, CV agr.es to accept, or require its operator to accept tender. of 'deposits of CSD trash, lawfully 1. - 3 - :lpr7 1J~ y permitted to be dispo.e~ of in a Class III landfill, generated in areas of CSD located south of sa 54 ("CSP Trash") up to the actual tonnage of CV Trash. disposed of .at the Lanc1fill under the authority of this MOU ("Displacement capacity Tonnage",!. CSD s~ll pay CV a tipping fee per ton for CSP Trash handled. at the CV Transfer Station that is the lower of the CV Transfer Station'S most favored (lowest) rate les8 $12 or the ~n~ill disp08al fee plu8 $5. By way of example, if the lowest rate at the CVTransfer Station is $60 per ton, and the Lanc:l.fill disposal fee foi-'CSD co'11ected wa.te is $40 per tonl the di8p08al fee for the dep08it of CSD ~rash at the CV Tran8fer Station sball be tbe lower of $60 - $12 . $48 or $40 + $5 . $45 per ton. n . I'aymeat fo~ l)itlp:LaClaa ClapaCIhy _. ._ ..... ,..10 ,.......~ ~ _.~.~. '. w.<-"'"~'O""" ...,. . ':;",~. ..._..........'_.~ ,A-..s.~ ;..._..., ~'-', IT If, iiy~theV ofhi.ecT4iiJ('POii~t',the CV Transfer Station 18- not: operational and able to accept CSD trash, and, CV dQes no~ otherwise arrange for the disposal of CSD tra8h, at a 10Clation acceptable to CSD, in the alllO\Ult of the Capacity D18plademant Tonnage at the then exi8tin~ ~ndfill disposa; fee, fN ..'1~H .~y to the CSD wute Management Enterprise Pund, notelaeer-than .12 months after the , \ -~. " , Three Year E'Oint, $9 per ton for. each, ton of the Capacity Displacement Tonnage notol;herw~s~ h,__nd.1ed !:IY cv. nx. Indemnification Cla~se, . t ~. & . Bach party agree. to defend, in~mn1fy, protect and hold the other, its agents I ~ffic,ers, and. e~loyees harmless from and. agalnatany and all Claim. .sserted or liab1lity established fer s~Clh party's employees, agents, or officers, ",hiClh arise out of or in any manner dlreCltly or indireCltly co~cted with the work to be performed under the MOU as it relate. to the d.isposal of trash by one party through it. r8l!1peetive faoility or other mean., and all expenses of investigating and defending against the same. IN WITNBSS WHEREOP, having read t,he terml!l and: conditions hereto, this MOU i. executed. by the City of, San Diego, acting by aild through it.sC:Lty M~ger, ~and by..the ,City of Chula Vista, acting by and through its.City Manag~X':., - 4 - .2P', g/ ~7~ , , ii' . . 1994 Dated I ,Jack McGrory, City Manager City of San Diego I HEREBY APPROVE the form and legality or 'the foregoing MEMORANDUM 011' UNDERSTANDING this day of 1994. JOHN W; WITT, City Attorney By Elmer L. Heap, Jr. Deputy City Attorney _.,..:.......""'A'...."..-"}J)e\.eai~~..n..".~~.'1:~y~.."*- ......,~~...<;. f'~V pi ='- .:: ~_ 71 ~, ~ ' 'VIC:::~ S: 3/{S::5a21 -'::'1'" ....'-.....<lo".~__.~.........................ai:...-....- .:'-..h_ _....._. .., John D. Go.., City Manager City of Chula vista ;,'F Approved a8 to form: :!. .. .!. . , '. ~:' ~.: Bruce M. Boagaard, City Attorney '{ ''IT\ .- 1" 1 01 .i , ..l :'" - 5 - ..2.~ ' 9 - i.6.' -, .,J'; '. ! November 10, 1994 MEMO TO: The Honorable Mayor and City Council FROM: iJ~ Leonard M. Moore, Councilman SUBJECT: BOARD/COMMISSION/COMMITTEE LIAISON Various members of our numerous commiSSions have voiced their desire for Council members to attend their meetings more frequently during a given year to improve communications with those who appoint them. Through advance contact, a selected meeting could be appropriately noticed for an exchange of communication to take place in a proper and legal manner This recommended process has been held in obeyance for a number of years. It is appropriate that this concept be given consideration at this time due to new members on the Council. I propose that our various commissions be divided into 4 groups; each group having similarities (i. e. those meeting monthly vs. on call and with varied responsibilities) The Planning Commission is deliberately excluded with the thought that the Council should have a joint meeting in a workshop atmosphere on a annual basis with this and maybe other commissions. The Mayor is not included to allow maximum flexibility of his/her time. Each of 4 Councilmembers would be matched with 1/4 of the City's Commissions with the objective of attending a regular meeting at least once each year A check and balance system would be maintained by rotating the "groups" clockwise each January giving each Councilmember a different group each year SEE ATTACHED FOR RECOMMENDED GROUPINGS. This concept spreads Council visitations to all commissions without excessive demand on part time elected officials who work for their family during the typical day and then serves his/her City in the evening. The exchange of information should benefit our commissions, staff, the City Council and our entire community I look forward to the approval and implication of this program through Council action soon. LMM:pw Encls. 114 c:<t/a, - / ~D1p 1 BOARD AND COMMISSION GROUPS Day at Week Time Mtgs/month Location GROUP I (All Evenings) Design Review 2nd & 4th Mon. 4:30pm 2 PSB ConI rm 2&3 Board at Appeals/ADA 2nd Mon. 5:00pm PSB Cant rm 1 Veterans Advisory 3rd Tues. 6:00pm Pk & Rec Calf rm Child Care 3rd Tues. 7:00pm Pk & Rec Calf rm Youth Commission 2nd Mon. 6:30pm Pk & Rec Calf rm Satety Commission 2nd Thurs. 7:00pm Council Chamber GROUP II Board at Ethics On call Council Cant rm Mobile Home Rent On call Council Chamber Town Center PAC 1st & 3rd Thurs. 8:30am 2 PSB ConIrm 2&3 In!. Friendship 4th Mon. 4:00pm Fre Dept. Tmg rm Cultural Arts 2nd Tues. 5:00pm Pk & Rec Calf rm Parks & Rec 3rd Tues. 6:30pm PSB ConI rm 2&3 GROUP III GMOC On call PSB ConI rm 2&3 Inter. Agency Water On call Council Cant rm Southwest PAC 1 st Mon. 4:40pm PSB Cant rm 1 Human Relations 2nd Wed. 5:00pm Council Cant rm Civil Service 2nd Thurs. 5:30pm Pk & Rec Calf rm Resource Cons. 2nd & 4th Mon. 6:00pm PSB Cant rm 1 Castle Park Revitalization 4th Wed. 7:00pm PSB ConI rm 2&3 GROUP IV (All Daytime) Charter Review On call As noticed Otay Valley PAC 2nd & 4th Mon. 9:00am 2 PSB Cont rm 3 Economic Dev. 1st Wed. Noon PSB ConI rm 2&3 Cmsn on Aging 2nd Wed. 3:00pm Norman Center Library Board 4th Wed. 3:00pm Lib Cant rm 1 Housing Advisory 4th Wed. 3:30pm PSB ConI rm 2&3 ,). .t/ a.. - ;2. I) j1) //