HomeMy WebLinkAboutAgenda Packet 1994/12/06
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Office of H ~ ,.,.... ,_./ ula VIsta in the
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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
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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
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ITEM TITLE:
R~)g.
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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.
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Meeting Date 1
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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
,
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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
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Meeting Date ~
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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.
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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:
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Page 6, Item -!L
Meeting Dat~
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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.
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Page 7, Item IV"
Meeting Date ~
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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)
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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
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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~,
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7: ...:...'..........1i!!~~pj;i1l!!!I!Ii:.~;~fl.~;~~...
"""
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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
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~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).
"""
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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
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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.
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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
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COUNCn. AGENDA STATEMENT
Item J 1
Meeting Date--=
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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
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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
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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.
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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)
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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,
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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
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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.
.
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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
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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.
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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
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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
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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
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. 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
.
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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.
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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
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EXHIBIT B
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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
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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.
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Meeting Date r
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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 -..,
~
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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
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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
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PAGE 5. ITEM
MEETING DATE
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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.
~
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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/,
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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
'"'"
-
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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
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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
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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
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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.
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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
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,.
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
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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.
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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'~ ~
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pc-s- 'f,-03
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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
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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)). ·
""""\
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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.
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SECTJON IV.
SECTJON V.
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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.
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olution No. 16960
e 4
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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~-/';'
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SECTION YJJ.
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.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
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~solution No. 16960
1ge 6
3.
4.
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.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]
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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. ,.
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!solution No. 16960
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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...
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(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
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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
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Robert A. Leiter
Director of P'.nning
ruce M. 'oolla.
City Attome,)'
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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:
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fverly ~. Authelet, City C erk
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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.
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Executed thil ll1th day of ~anuary, 1993.
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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.
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RESOU1nON 16960 AS AMENDED, OFFERED BY COUNCU4AN MOORE, nacIin& oldie tat - waived,
passed and .......oved 4-0-1, with NaIl. UMnt.
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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
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Resolution No. 17475
Page 2
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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.
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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.
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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
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Resolution No. 17475
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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
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hn P. LiPPltt~
Director of Public Works
Bruce M. Boogaar
City Attorney
'Amended on Council floor at May 3, 1994 meeting.
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R.solution No. 17475
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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.
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W. Hill. Jr. L.S.5669
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LEGAL DESCRIPTION PLAT
C.P .F. SITE
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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
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Tim Nader. Mayor
ATTEST:
1
STATE OF CALIFORNIA)'
COUNTY OF SAN DIEGO I SS.
CITY OF CHULA VISTA )
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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.
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Beverly . Authelet. City Clerk
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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
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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.
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MilluIeI
May 3. 1994
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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.
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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.
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MiDuteI
May 3. 1994
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,.. 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
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Ma)' 3, 1994
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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",
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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.
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MiIlUleS
May 3. 1994
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~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.
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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
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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.
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Appr~, as tj fo
~t.\1
Bruce M. 800ga,r
Ci ty Attorney \
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Presented by
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Resolution No. 17279
Page 2
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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
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<<: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
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Minutes
October 19, 1993
Page 7 ~
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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)
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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
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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.
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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
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Minutes.
October 19. 1993
Page 9
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. 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.
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Council recessed at 8:08 p.m. and reconvened at 8:20 p.m.
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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)
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Above Space
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. 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
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for Recorder'S U.e
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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'
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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
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.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
...
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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:
.
.
.
~
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~
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"
.
.
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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
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ROJECT
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VICINITY MAP
NOT TO SCAlE
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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.
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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.
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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.
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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
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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
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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
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618565Otil~;flafla
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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
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€)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
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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-
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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
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LOCATOR APPLICANT:WESTERN SALT CO. PROJIfT DElCRIPW: CREST
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ADDRI!I': INTERSECTION OF a.VIIII01lII DR. ReqUest: CoDltnlctioa or 40 .lDale
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'CALE: FILE HUM'ER: Uait 27.
NORTH I" - 400' pes - 9S - 01
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RESOLUTION NO. 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)
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William C. Tuchscher n, Chairman
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ATTEST:
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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..
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MITIGATED NEGATIVE DECLARATION 18-94-19
MITIGATION MONITORING AND REPORTING PROGRAM
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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-'.,;;'.:;
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city of ctIula vlata planning department 01Y Of
envlronmenta. review .ectlon OiUlA VISTA
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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).
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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
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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.
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1-11-94
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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
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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
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-
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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
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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.
""'"
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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
~~/
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17-
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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
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.
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
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, -
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
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.... 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.
.
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..... 10
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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
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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_
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.... 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.
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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"'-'"
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....15
I-
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-
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.
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(
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"""\
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
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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
. .
(.
.
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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
. .
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~
-~ 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..; -.
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:..~~ '..::=:;:. 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. We therefor suggest that no further
traffic analysis Is necessary.
Please can us If you have any questions regarding the analysis discussed above.
,
APSrrRS:vks
Attachments
cc: Bruce Sloan
Cliff Swanson
Doug Reid
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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
,
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-~ J 771
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RICK ENGli\'EERlNG COMPANY
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C;thrurnia 91110.2~9f1
"1.14'~ I?'.'(j,'d (\ ,/.I;' '\"7
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fAX ,.19, !91-1lo~
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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:
""'"
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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
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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
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EASTLAKE
OEVtLOI'MENt
COMPANY
900 Lane ---
Suite 100
ouo VIslo. CA 919,..
(619) 421.()127
FAA (619) 421.1830
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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.
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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.
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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
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KS.dp
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cc: Katy Wright
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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
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Resource Conservation Commission
Page 2
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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.
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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.
"'"'"
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Resource Conservation Commission
Page 3
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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
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Barbara Taylor
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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
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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
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,....."'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";';
.,-~ >,
...",~...,~ ,-
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"3("::..,-1'-' -.
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TOTFlL P.01
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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~
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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
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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
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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:,
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Robert Mccauley, ~rman
Veterans Advisory o=i"")';,r,,
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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.
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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.
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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.
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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.
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CITY OJ' SAR DIBGO
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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.
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, 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.
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For the purposee of this MOO, ,"CV ~a.h" shall mean mixed
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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,
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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.
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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
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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.
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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
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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
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~'-', 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':.,
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. 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
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John D. Go.., City Manager
City of Chula vista
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Approved a8 to form:
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Bruce M. Boagaard, City Attorney
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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
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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
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